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2022-04-04 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, APRIL 4, 2022 PAGE 387 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on April 4, 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 Reverend Dr. Charlrean B. Mapson, Price Cathedral AME Zion Church, provided the invocation and Commissioner Rivenbark led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chair Olson-Boseman requested a motion to approve the Consent Agenda as presented. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Zapple to approve the 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 Budget Work Session and Agenda Review Meetings held on March 17, 2022 and Regular and Closed Session Meetings held on March 21, 2022. Adoption of State Road Resolutions – Governing Body The Commissioners adopted the North Carolina Department of Transportation (NCDOT) state road resolutions in support of adding the following roads to the state system:  Scorpion Drive, Cosgrove Court, and Halo Court within the Catherine's Cove subdivision (Division File No: 1294-N)  Ashley Park Drive within the Ashely Park at Georgetowne subdivision (Division File No: 1297-N) Copies of the resolutions are hereby incorporated as part of the minutes and contained in Exhibit Book XLIII, Page 24.1. Adoption of Resolution Recognizing the Efforts of the Wilmington Chamber of Commerce Education Foundation through the Leadership Wilmington Program – County Manager The Commissioners approved the resolution recognizing the efforts of the Wilmington Chamber of Commerce Education Foundation through the Leadership Wilmington Program. A copy of the resolution is hereby incorporated as part of the minutes and contained in Exhibit Book XLIII, Page 24.2. Adoption of North Carolina 811 Safe Digging Month Proclamation – County Manager The Commissioners adopted a proclamation recognizing April as “North Carolina 811 Safe Digging Month” in New Hanover County. A copy of the proclamation is hereby incorporated as part of the minutes and contained in Exhibit Book XLIII, Page 24.3. Adoption of Sexual Assault Awareness Month Proclamation – County Manager The Commissioners adopted a proclamation recognizing April as “Sexual Assault Awareness Month” in New Hanover County. A copy of the proclamation is hereby incorporated as part of the minutes and contained in Exhibit Book XLIII, Page 24.4. First Reading: Approval of Solid Waste Franchise for JPM Services Inc. – County Attorney The Commissioners approved the first reading of the solid waste franchise for JPM Services Inc. A second reading is required. First Reading: Approval of Solid Waste Franchise for Port City Containers LLC – County Attorney The Commissioners approved the first reading of the solid waste franchise for Port City Containers LLC. A second reading is required. Adoption of Resolution to Award Contract Bid for the Purchase of a Fire Rescue Boat to Waterline Systems/US Watercraft in the Amount of $478,943 – Fire Services The Commissioners adopted a resolution awarding a contract bid to Waterline Systems/US Watercraft for the purchase of a Fire Rescue Boat in the amount of $478,943. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, APRIL 4, 2022 PAGE 388 A copy of the resolution is hereby incorporated as part of the minutes and contained in Exhibit Book XLIII, Page 24.5. Approval of February 2022 Tax Collection Reports - Tax The Commissioners accepted the tax collection reports of New Hanover County, New Hanover County Fire District, and New Hanover County Debt Service as of February 2022. Copies of the tax collection reports are hereby incorporated as part of the minutes and contained in Exhibit Book XLIII, Page 24.6. REGULAR ITEMS OF BUSINESS ADOPTION OF A CODE OF ETHICS FOR THE CURRENT BOARD MEMBERS AND ADOPTION OF AMENDED RULES OF PROCEDURE FOR MEETINGS OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS MANUAL Chair Olson-Boseman stated that she would make the motion to adopt the Code of Ethics for the current Board members and the Amended Rules of Procedure for Meetings of the New Hanover County Board of Commissioners Manual as presented. Vice-Chair Hays stated that she would second the motion. Motion: Chair Olson-Boseman MOVED, SECONDED by Vice-Chair Hays to adopt the Code of Ethics for the current Board members and the Amended Rules of Procedure for Meetings of the New Hanover County Board of Commissioners Manual as presented. Chair Olson-Boseman opened the floor to Board discussion. Commissioner Zapple stated that he hopes this matter will be recurring every two years, for the new and current commissioners to adopt. It is a helpful reminder to the existing commissioners and ensures that new commissioners are fully cognizant of the Code of Ethics, particularly Section 2(g) on treating other board members and the public with respect and honoring the opinions of others even when they disagree. Vice-Chair Hays stated she also feels it is important to have this matter on the agenda for new commissioners and current commissioners to adopt and sign anytime new commissioners come onto the Board. Hearing no further discussion, Chair Olson-Boseman asked for a vote on the motion on the floor. Upon vote, the MOTION PASSED UNANIMOUSLY. Copies of the Code of Ethics and Amended Rules of Procedure for Meetings of the New Hanover County Board of Commissioners Manual are hereby incorporated as part of the minutes and contained in Exhibit Book XLIII, Page 24.7. SECOND READING AND DENIAL OF AN AMENDMENT TO NEW HANOVER COUNTY CODE OF ORDINANCES CHAPTER 38 Commissioner Barfield stated there has been a lot of discussion on this matter and he is glad the $50 civil fine has been removed but would make a motion to not approve the ordinance amendment. He thinks it is important to look at other methods to provide housing for those that are unsheltered downtown and throughout the community. A void will be created once Salvation Army leaves downtown, and ways must be found to help individuals get back on their feet. It is important to have the ability to empathize but also to understand people's plights. Commissioner Rivenbark stated that he would second the motion. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Rivenbark to deny the adoption of the amendment to the New Hanover County Code of Ordinances Chapter 38. Chair Olson-Boseman opened the floor to Board discussion. Commissioner Zapple stated that he understands and is empathetic to Commissioner Barfield’s point of view. In regard to the chronic homeless at the downtown library, they have made it clear they do not want to go anywhere nor partake of the services being offered to help them. In response to Board questions, Deputy County Manager Tim Burgess stated that he does not have firsthand knowledge on the conversations that have been had with the individuals outside the downtown library. He does know that several agencies, including the County and Wilmington Downtown, Inc. (WDI), are working to provide services to the homeless. He further confirmed that WDI has a person dedicated to working with the homeless in the downtown area. Commissioner Zapple stated that he was surprised the County did not have some of the basic ordinances in place that provide important tools for enforcement. The ordinance amendment only provides the ability to enforce the “…10:00 p.m. to 7:00 a.m. no sleeping on county property…” and that if items are left unattended for more than two hours, they are subject to disposal. Without those tools, he feels the Sheriff's department is unable to enforce the most egregious cases on the property and referenced the reports of two assaults, drug usage, etc. There is a need to make sure all the individuals are getting the help they need and want. He has been told that every person that has been approached at the downtown library has chosen to stay there. He is not referring to those who NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, APRIL 4, 2022 PAGE 389 are down on their luck or somebody who has a temporary issue with housing as they can be met with the safety nets provided by the County and City of Wilmington (City). Commissioner Barfield stated that he is not sure what services the County provides to the homeless, but knows it is not all social services. He would never say that everyone downtown has refused services. At the same time, there has been a Sheriff's deputy at the downtown library for years and another deputy who rotates through the other libraries. He would think the deputies would already know what they can or cannot do. Commissioner Rivenbark stated he is looking at the homeless with a countywide perspective, who are those that for a variety of reasons ended up in their current situation. He wants to help all of them, not just the people downtown. He has spoken with several organizations since the last meeting and hopes they will step up to help fix the issue as he wants to give them the chance to do so. At this time, he cannot support the request. Vice-Chair Hays expressed appreciation for the discussion and stated that nothing is being taken away from anyone, including the homeless population. The purpose of the ordinance amendment is to connect people with needed services and move them to where they need to be for the services. Some need a wet shelter, which Salvation Army is unable to provide, as there is not an active wet shelter in the downtown area. The ordinance amendment would apply to all county properties, not one place in particular. By allowing somebody to extend their rights into somebody else's rights such as prohibiting access to the library or other the public services due to fear, intimidation, or the fact that it is a public health hazard, weighs on her as well. There are rights on all sides, and she wants to be respectful of all those rights. If the item moves forward, she would like to make other modifications to it. Commissioner Zapple stated he would make a substitute motion to table the matter until the Board has an answer to this and moving forward, some form of other direction from staff that would provide a positive solution to help the individuals who are the most affected as well as helping the Sheriff’s Office. Vice-Chair Hays stated she would second the motion. Substitute Motion: Commissioner Zapple MOVED, SECONDED by Vice-Chair Hays to table the matter until the Board has an answer to this and moving forward, some form of other direction from staff that would provide a positive solution to help the individuals who are the most affected as well as helping the Sheriff’s Office. Chair Olson-Boseman opened the floor to Board discussion on the substitute motion. A brief discussion was held about the need to work on this chronic issue and the desire to redouble the County’s effort and then possibly revisit the ordinance in the future. Hearing no further discussion, Chair Olson-Boseman asked for a vote on the substitute motion on the floor. Upon vote, the SUBSTITUTE MOTION FAILED 2 TO 3; Chair OIson-Boseman, Commissioner Barfield, and Commissioner Rivenbark dissenting. Chair Olson-Boseman stated she was wrong in regard to this matter and does not think the ordinance amendment should move forward without a solution. She asked for a vote on the original motion on the floor. Upon vote, the MOTION PASSED 4 TO 1; Vice-Chair Hays dissenting. A brief discussion was held about the ability to bring an item back for reconsideration by the Board. County Attorney Copley stated that a person on the prevailing party could bring a matter back for reconsideration by the Board at the same meeting. The ordinance could be rewritten to be brought back in the future for consideration. CONSIDERATION AND APPROVAL TO PURCHASE REAL ESTATE AT 6068 GORDON ROAD FOR A FUTURE FIRE STATION New Hanover County Fire Chief Donnie Hall presented the request to purchase real estate at 6068 Gordon Road for a future fire station. With the extensive growth in the vicinity of Gordon Road, there has been an increase in travel times to emergency incidents. The parcel located on Gordon Road meets the needs for the fire station. In response to Board questions, Chief Hall stated the property is 10.25 acres and 160-feet wide. A fire station can fit on that size parcel, but there are some restrictions with the parcel’s width. Staff is working with an adjacent property owner to obtain additional land to make the site wide enough and have the needed road frontage. That request will be brought to the Board for consideration at a future date. Hearing no further discussion, Chair Olson-Boseman asked for Board direction. Motion: Commissioner Barfield MOVED, SECONDED by Vice-Chair Hays to approve the purchase of the property at 6068 Gordon Road and grant authority for the county manager to execute all necessary documents including navigating the requirements of the court ordered sale to include responding to any upset bids. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSIDERATION AND ADOPTION OF BUDGET AMENDMENT 22-067 AND RESOLUTION TO AWARD A BID TO ES&J ENTERPRISES, INC. FOR THE CONSTRUCTION OF LANDFILL CELLS 11 AND 12A Joe Suleyman, Environmental Management Director, presented the request for adoption of budget amendment 22-067 and resolution to award a bid to ES&J Enterprises, Inc. for the construction of landfill cells 11 and 12A at a cost of $6,956,790.00. The decision was made to combine the two projects due to the amount of time NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, APRIL 4, 2022 PAGE 390 it takes to bid and deploy contractors to build the cells and the compelling cost difference per acre. There was a need to have two bid openings due to the lack of bidders and ES&J Enterprises, Inc. was the only contractor who submitted a bid both times. Consideration was given to rebidding a third time, but time is of the essence as further delays would put the landfill dangerously close to the forecast of running out of space. The bid was significantly higher than budgeted for the capital project fund for the southern property construction. The consulting engineers performed an itemized evaluation of the bid results and worked with the bidder to reduce the cost for a couple of items that were unusually high. Staff also removed items from the project that were felt could be done internally to provide a savings. Mr. Suleyman further stated that in order to not delay the project and potentially incur higher construction costs, the department will need to take a loan from the County’s general fund in the amount of $3 million as the department’s budgeted funds are insufficient to cover the cost of the construction project. The budget amendment request will be used to balance to the Environmental Management Enterprise Fund (southern property construction fund) to cover the increased cost of the cell construction project and provide a reserve for contract change orders that may arise during the course of construction. The term of the loan repayment is over a five-year period and will also change the department budget to incur an additional $2 dollar per ton in the proposed budget. At the end of the five years the debt drops off and staff would respond to that in future budget years. The project return will be about 3.25 years of space for the two cells at full buildout due to the level of incoming waste. He assured the Board that every inch of space is being maximized because it is important to do so for the County. In response to Board questions, Mr. Suleyman stated that mining landfills is not new. It has been around for 10 to 15 years and cell 1 is the perfect example of what would be used for mining. Recycling was not the thing to do at the time cell 1 was built and a tremendous amount of soil was used to cover the waste. The cell could be mined, and the topsoil and decomposed organic matter can be screened out. Anything having a biomass fuel value is gone, but what will be found is a tremendous amount of aluminum, brass, copper, and steel that could be removed for recycling. The project is viable, is being evaluated as a future strategy, and the consulting engineers have confirmed it can be done. If everything that was recyclable and compostable was taken out of the landfill, there would an approximate 70% waste reduction. He also provided an overview of what can and cannot be recycled. In response to additional Board questions, Mr. Suleyman stated the department budget is reviewed over a five-year period and it can be seen when issues are going to arise. The cell construction process and associated closure has accelerated. In the five-year capital improvement plan, it is one construction project after another. He would not recommend deferring anything to do with environmental compliance and maintenance. The department is running as lean as possible, but the population growth every three or four years, the 2018 hurricane, and the construction debris going into the landfill, all combined, have pushed up a lot of the projects that would have originally been five to seven years in the future. A brief discussion was held about the potential tip fee increase to help with the increase in operational costs. In response to Board questions, County Manager Coudriet stated that as he explained during agenda review, he does not know at this point what he will recommend as a tip fee. The team is not that far along in the review and preparation of next year's budget. The reference to the tip fee in the agenda packet is that if the Board approves the request, which includes a five-year payback, it will increase whatever the tip fee has to be next fiscal year by at least $2. If the Board approves the request, he definitely thinks it will be $2 and even if the tip fee remains at $48, the action will take it to $5 because there is an obligation to pay back the loan. It could be stretched to a 10-year pay back, which would reduce it by half. Mr. Suleyman included in the department budget is a need to increase the tip fee. However, rarely does the team meet everyone where they ask to be but more operationally where they can be, need to be, and financially will be. The reference to the tip fee in the summary was the worst-case scenario. In response to Board questions, Mr. Suleyman confirmed that not all hurricane debris goes into the landfill and another landfill cannot be built east of I-95. A brief discussion was held about ways to encourage recycling and how participation rates in the County have dropped. Mr. Suleyman stated that his team continues to develop potential incentives, educate, and encourage recycling by the community. County Manager Coudriet stated that a huge policy step was taken by the Board when it approved the first readings of the solid waste franchises under today’s consent agenda. The franchise agreements will now require waste haulers who do solid waste curbside pickup to also do recycling curbside pickup. The same will be required of any existing franchise agreements that come up for renewal at the seven-year mark. In response to Board questions, Mr. Suleyman stated that since 2012 when the tip fee was $59 it has steadily declined to where it is today at $48. Hearing no further discussion, Chair Olson-Boseman asked for Board direction. Motion: Vice-Chair Hays MOVED, SECONDED by Commissioner Zapple to adopt budget amendment 22-067 to transfer funds from the general fund to the southern property construction capital project fund, and adopt a resolution authorizing the award of the contract for cells 11 and 12A construction to ES&J Enterprises, Inc., at a cost of $6,956,790, to include a 5-year repayment via a $2.00 increase in the tip fee. Upon vote, the MOTION PASSED UNANIMOUSLY. Copies of the resolution and budget amendment 22-067 are hereby incorporated as part of the minutes and contained in Exhibit Book XLIII, Page 24.8. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, APRIL 4, 2022 PAGE 391 PUBLIC HEARING ON THE PROPOSED $34,000,000 FINANCING OF IMPROVEMENT PROJECTS AND ADOPTION OF APPROVING RESOLUTION Chair Olson-Boseman stated that the Board of County Commissioners adopted on March 21, 2022 a Resolution of the Board of Commissioners of the County of New Hanover, North Carolina, Authorizing the Negotiation of an Amendment to an Installment Financing Contract, Directing the Publication of Notice with Respect Thereto, Declaring the Intent of the County to Reimburse Itself for Capital Expenditures from Proceeds Thereof, and Providing for Certain Other Related Matters Thereto. The Board determined that it is in the best interest of the County to enter into an installment financing contract to pay the capital costs of constructing an Emergency Logistics Center, installation of water and sewer lines and road improvements for the Blue Clay Road Business Park, development of Hanover Pines Nature Park, and other various county and school capital improvements. The Board must now conduct a public hearing concerning the Fourth Contract Amendment and the proposed 2022 Projects and any other transactions contemplated therein and associated therewith. Chair Olson-Boseman asked for a motion to open the public hearing. Motion: Commissioner Zapple MOVED, SECONDED by Vice-Chair Hays, to open the public hearing. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chair Olson-Boseman stated that no one had signed up to speak in-person on the matter, no written comments had been received, and closed the public hearing. Hearing no further discussion, Chair Olson-Boseman asked if there was a motion to close the public hearing and adopt the Resolution of the Board of Commissioners of the County of New Hanover, North Carolina, Approving an Amendment to an Installment Financing Contract and Delivery Thereof and Providing for Certain Other Related Matters. Motion: Commissioner Zapple MOVED, SECONDED by Vice-Chair Hays to close the public hearing and adopt the resolution of the Board of Commissioners of the County of New Hanover, North Carolina, approving an amendment to an installment financing contract and delivery thereof and providing for certain other related matters. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as part of the minutes and contained in Exhibit Book XLIII, Page 24.9. PUBLIC HEARING AND APPROVAL OF A REQUEST BY CINDEE WOLF WITH DESIGN SOLUTIONS, APPLICANT, ON BEHALF OF ATLANTIC COAST HOLDINGS, LLC, PROPERTY OWNER, TO REZONE APPROXIMATELY FIVE ACRES OF LAND LOCATED IN THE 6300 BLOCK OF SIDBURY ROAD FROM R-15, RESIDENTIAL DISTRICT TO (CZD) B-2, REGIONAL BUSINESS DISTRICT, FOR A MINI-WAREHOUSE/SELF-STORAGE FACILITY (Z22-01) Planning Supervisor Ken Vafier presented the request by Cindee Wolf with Design Solutions, applicant, on behalf of Atlantic Coast Holdings, LLC, property owner, to rezone approximately five acres of land located in the 6300 block of Sidbury Road from R-15, Residential District to (CZD) B-2, Regional Business District, for a mini- warehouse/self-storage facility. The rezoning request is to develop approximately 39,000 square feet of self-storge and approximately one acre of recreation and boat storage. The site is located in the northeastern portion of the County along Sidbury Road, approximately two miles east of I-40. The property is currently designated as R-15, Residential, which was applied to the majority of the area between Sidbury Road and Holly Shelter Road in the 1970s, when the purpose of the district was to ensure that housing served by private septic and well would be developed at low densities. Since that time, plans for the extension of water and sewer services have become more available to the surrounding area; however, it is still mostly zoned for low density housing. The site and surrounding area are undeveloped. Sidbury Station, formerly Sidbury Farms, a by-right subdivision consisting of 758 total units on 300 acres directly southwest of the subject site, has been approved and construction is currently underway on the infrastructure for the development. The proposal consists of two enclosed self-storage buildings totaling approximately 39,000 square feet on the northern portion of the parcel closest to Sidbury Road. The buildings are proposed at one-story with a maximum height of 25-feet. On the southern portion of the parcel, approximately one acre is proposed for recreational vehicle and boat storage. The plan also incorporates required parking, internal circulation drives, required landscaping and buffering, and stormwater management. Twenty-foot-wide transitional buffers are proposed along the west, south, and east boundaries. The buffers include an eight-foot-high fence along the west and south boundaries of the project adjacent to Sidbury Farms, and streetyard plantings would be required along the Sidbury Road frontage. Access to the site is proposed from Sidbury Road and will be subject to NCDOT driveway permitting regulations. As currently zoned, it is estimated the site would generate about 13 trips during the peak hours if developed at the permitted by-right density of 2.5 units per acre. The proposal shows an approximate decrease of seven AM peak hour trips and an approximate decrease of two PM peak hour trips. The Sidbury Station traffic impact analysis (TIA) is the only one within the general vicinity of the site, the details of which are in the staff report in the agenda packet. Said development has about 290 homes remaining to be built. The proposed project would have no impact on the school system. Mr. Vafier provided an overview of the compatibility photos and stated that the Unified Development Ordinance (UDO) contains standards for the proposed use governing aesthetics, architectural features, and outdoor storage. Sidbury Road is identified as a minor collector on the Wilmington Metropolitan Planning Organization NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, APRIL 4, 2022 PAGE 392 (WMPO) functional classification map and is one of the County’s less densely developed corridors with limited commercial services to support current and future residents. While the majority of the area was zoned for low density housing in the early 1970s, the 2016 Comprehensive Land Use Plan (Comprehensive Plan) recommends a mixture higher density housing and commercial uses along the Sidbury Road corridor. Although the plan provides general guidance for the encouraged future development pattern, it does not specifically address this type of use, and there is no small area plan to inform the desired location of neighborhood commercial nodes in this area. Cape Fear Moving Forward: 2045, the WMPO’s current metropolitan transportation plan, includes a modernization project to bring Sidbury Road to current design standards. It is programmed to include widening the current travel lanes to 12-feet with the installation of a 10-foot multi-use path. The Comprehensive Plan classifies the property within the Community Mixed Use place type, and the intent is to allow a land use pattern with commercial services and moderate density residential development within this area of the County, but the plan does not specify the exact location of future commercial nodes in the area. While the proposed use is not specifically addressed in the Comprehensive Plan, the site’s location adjacent to a large residential subdivision and in an area of anticipated growth would provide a service to nearby and future residents. In addition, the proposal could provide a transition to a land use pattern with additional commercial services available. The proposed CZD B-2 rezoning is generally consistent with the Comprehensive Plan because it will allow for an appropriate use in the Community Mixed Use place type and would provide lower-intensity commercial services in a transitional area. The applicant has proposed the following conditions:  No storage unit entry, other than normal ingress-egress doors to meet life-safety code, will be permitted along the wall facing Sidbury Road  Architectural features, along with foundation landscaping, will be incorporated along the Sidbury Road building façade to enhance the aesthetics of the streetscape  The east, west, and south boundaries of the tract will be buffered with an eight-foot-high solid screening fence, along with required plantings  Hours of operation shall be from 6 AM to 10 PM  There shall be no washing or maintenance of vehicles or boats in the outdoor storage area The Planning Board considered the request during its March 3, 2022 meeting and recommended approval (6-0) including the five conditions. Based on the recommended uses for Community Mixed Use places as well as the context and compatibility with the immediate surrounding area, staff recommends approval of the application. Mr. Vafier concluded the staff presentation stating that staff received two letters of support from representatives of recently approved developments in the area and one letter of opposition from a member of the general public, which are included in the agenda packet. Should the rezoning request 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. Vafier 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, Atlantic Coast Holdings, LLC, stated the northern section of the County seems like the middle of nowhere from the early photograph of 2021, but that is certainly due to change with public utility improvements being provided by the Sidbury Station project. There is also a 288-unit rental complex at the intersection of Dairy Farm Road which was approved about a year ago. The designation of the Community Mixed Use place type does promote a variety of uses including commercial services. The proposed self-storage facility will have climate controlled interior spaces and outdoor storage for RVs and boat trailers. New home communities now have extensive restrictions for the quality and aesthetics of their neighborhoods. The prohibition of keeping a boat or RV on the property is a big regulation, and people also have a lot more stuff these days and need a storage place. The storage industry standards suggest that most people desire to have their possessions within a three-mile range of their home. As noted in the staff presentation, agenda packet contains letters of support for the request, including one from D.R. Horton whose Sidbury Station project surrounds the site on two sides. The company is anxious to market this type of facility to their new homeowners. Ms. Wolf further stated that she and her client believe the request is consistent and justified, it is an extremely low traffic generator as far as the future of Sidbury Road, it is sensible development of service where needed, and fosters land growth and efficiency. The developer accepts the conditions of approval with the knowledge they will not only protect the surrounding properties but will also enhance the value and aesthetics of the business. Commissioner Barfield stated that this area of the County is poised to grow. With the efforts being made to create the nodes and future water and sewer services, he thinks the subject site is the correct location for the proposed project. In response to Board questions, Ms. Wolf stated there was no consideration for a second driveway for circulation as there is full circulation with the current plan. Circulation in this type of facility secured and one way in and out makes sense. A driveway would be wider than the usual retail or any type of residential development and there will be a requirement to get a driveway permit from the NCDOT. As stated earlier, the proposed project is a very low trip generator, as those trips are spread out throughout the day. She does not see issues with trailers or RVs coming and going on any of the lanes as those are 24-feet wide. The setbacks for the buildings are 25-feet and there are 20-foot bufferyards even though screening fencing will also be utilized. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, APRIL 4, 2022 PAGE 393 Hearing no further discussion, Chair Olson-Boseman closed the public hearing and asked if based on Board discussion and items presented during the public hearing, would the applicant like to withdraw or proceed with the petition and Board vote. Ms. Wolf stated that her client would like to proceed. Chair Olson-Boseman asked for the Board’s direction on the request. Motion: Commissioner Barfield MOVED, SECONDED by Chair Olson-Boseman, 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 it will allow for an appropriate use in the Community Mixed Use place type. The Board also finds that approval of the rezoning request is reasonable and in the public interest because the site is located on a collector street near an approved subdivision and within a larger area identified for future growth. The following conditions will apply to the rezoning:  No storage unit entry, other than normal ingress-egress doors to meet life-safety code, will be permitted along the wall facing Sidbury Road  Architectural features, along with foundation landscaping, will be incorporated along the Sidbury Road building façade to enhance the aesthetics of the streetscape  The east, west, and south boundaries of the tract will be buffered with an eight-foot-high solid screening fence, along with required plantings  Hours of operation shall be from 6 AM to 10 PM  There shall be no washing or maintenance of vehicles or boats in the outdoor storage area Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 8A OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 7, 1972 is hereby incorporated as part of the minutes and is contained in Zoning Book II, Section 8A, Page 44. PUBLIC HEARING AND APPROVAL OF A REQUEST BY CINDEE WOLF WITH DESIGN SOLUTIONS, APPLICANT, ON BEHALF OF WILMINGTON REALTORS FOUNDATION, BARRY DEAN CRIBB, AND POLLY GREENE CRIBB, PROPERTY OWNERS, TO REZONE APPROXIMATELY 6.13 ACRES OF LAND LOCATED AT 6221-6229 CAROLINA BEACH ROAD FROM R-15, RESIDENTIAL DISTRICT, TO (CZD) R-5, RESIDENTIAL DISTRICT (Z22-02) Chair Olson-Boseman announced that a vote will need to be taken to recuse Vice-Chair Hays from voting on the matter due to a potential business conflict of interest and asked for Board direction. Motion: Commissioner Zapple MOVED, SECONDED by Chair Olson-Boseman, to recuse Vice-Chair Hays from voting on Rezoning Request Z22-02 due to a potential business conflict of interest. Upon vote, the MOTION CARRIED 4 TO 0. Current Planner Zach Dickerson presented the request by Cindee Wolf with Design Solutions, applicant, on behalf of Wilmington Realtors Foundation, Barry Dean Cribb, and Polly Greene Cribb, property owners, to rezone approximately 6.13 acres of land located at 6221-6229 Carolina Beach Road from R-15, Residential District, to (CZD) R-5, Residential District in order to develop 48 single-family townhomes. The site is located on the eastern side of Carolina Beach Road, south of Monkey Junction. It is across Carolina Beach Road from the Beau Rivage Development. The surrounding area along Carolina Beach Road is primarily residential, however there is some commercial development. The site is bounded to the west by Carolina Beach Road and is sparsely developed. The southern and eastern boundaries of the property are wooded. Mr. Dickerson reviewed the applicant’s conceptual plan consisting of 48 townhomes with a stormwater pond in the rear of the development. Access to the property will be restricted to northbound Carolina Beach Road. NCDOT will require that a right turn lane be installed along northbound Carolina Beach Road. In regard to traffic, the proposed townhome development would generate approximately 22 AM peak trips and 27 PM peak trips. It would be an 11 AM and 12 PM peak trip increase from potential R-15 development with the same acreage. There are several projects in the vicinity with approved TIAs, the details of which can be found in the staff report. In regard to ongoing development in the area, Mr. Dickerson provided an overview of the nearby area subdivisions that are currently under development, noting that just over half are built. He also reviewed developments that are common in the R-15 district for single-family homes and what is likely to be seen in an R-5 district. The area has been zoned R-15 since 1971. Since then, water and sewer have become more available to the surrounding area. Commercial development and attached units are becoming more common. The Comprehensive Plan classifies the subject site as Community Mixed Use. The project is generally consistent with the Comprehensive Plan which recommends higher density single family development patterns. According to the applicant, the project is proposed to meet the price criteria for workforce housing in the 81-120% area median income (AMI) range as defined by the U.S. Department of Housing and Urban Development (HUD), adjusted for household size. Restrictive covenants will be created to assure owner occupancy and restrict investment or short-term rental, such as Airbnb and VRBO. The restrictive covenants are proposed to mirror those of the Sunset South development in City of Wilmington, which sunset 15 years after creation and are subject for renewal. The Planning Board considered the application at its March 3, 2022 meeting and recommended approval (6-0) finding it to be consistent with the Comprehensive Plan as well as reasonable and in the public interest with the following condition: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, APRIL 4, 2022 PAGE 394  The project is proposed to meet the price criteria for workforce housing in the 81-120% Area Median Income (AMI) range as defined by the US Department of Housing and Urban Development, adjusted for household size. Restrictive covenants will be created to assure owner occupancy and restrict investment or short-term rental. Mr. Dickerson concluded the staff presentation stating that should the rezoning be approved the development of the site will be subject to full technical review to ensure all land use regulations are met. In response to Board questions, Mr. Dickerson stated that the condition of the project is that it is proposed to meet the price criteria for workforce housing in the 81 to 120% AMI and it applies to all of the units. Chair Olson-Boseman thanked Mr. Dickerson 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 Wilmington Realtors Foundation, Barry Dean Cribb, and Polly Greene Cribb, property owners, stated the western boundary of Carolina Beach Road has been slower to develop to the western frontage. She thinks that is primarily due to the lack of public utilities. The upside of that is the land value is more affordable to offset the cost the developer will have to spend to provide service. Those are some of the factors that contribute to home affordability. The Comprehensive Plan acknowledges the full depth of the underutilized tracts with the designation of the area as Community Mixed Use. Based on the direct access to a major arterial road, Carolina Beach Road, as well as proximity to the wealth of shopping and other commercial services and recreational opportunities, it is believed that a moderate density home development is the most logical transition for the subject properties. Ms. Wolf provided an overview of an excerpt from the recent housing needs assessment for New Hanover County that shows the projected gap for a full range of home prices and associated income levels of owner affordability. The project proposes that 100% of the units meet what has been determined as the second highest need (the 81-120% AMI) for both the City and the County. The County's policy for growth encourages safe and affordable housing to be available to every citizen. Townhome communities such as the proposed project are in demand with lifestyle preferences, affordability factors, and proximity to services. The proposed project is 48 attached single-family homes. This is an R-5 zoning district request at eight units per acre which is a modest density for the location and along the busy corridors. While the site is a quite narrow tract to work with, the structures are mixed between clusters of two and four units per building for a more interesting streetscape. The duplexes are designed to have a master bedroom downstairs, which is an attractive feature for the age demographic. All of the homes are two story with a one-car garage that allows each home to have parking available for three vehicles and there are some extra spaces provided for guests. There will be six-foot high solid wood fencing to screen and buffer the community to the adjacent properties which are considered single family. Landscaping will include vegetation, nicely planted foundations around the units, and street trees along the access drive. Maintenance will be the responsibility of the homeowner's association which guarantees upkeep and sustainability of the common areas. Ms. Wolf provided an overview of the general architectural style and mixing of alternative roof types and color schemes to add interest to the overall aesthetics of the community. The project is being spearheaded by the Wilmington Realtors Foundation, which is a nonprofit organization committed to addressing the need for affordable housing in this community. She then asked Jody Wainio, President of the Wilmington Realtors Foundation, to provide a summary of the goals for the venture and what will be done to achieve the goals. Ms. Wainio stated the Wilmington Realtors Foundation has committed to conditional approval including that the sale of the units within the project would meet the 81-120% AMI. The target price is $250,000. The restrictive covenants will also ensure that owner occupancy is a requirement, and no investor-owned properties are allowed for a minimum of 15 years. She stated that she could not provide information about the number of properties available in the price range as there are none to talk about at this time. Commissioner Zapple expressed appreciation for the project being brought forward. In response to Board questions, Ms. Wolf stated that water service is available and will be extended to this project. It would be an agreement situation with Cape Fear Public Utility Authority (CFPUA) because it has been preliminarily asked that the line be upsized and for CFPUA to pay the difference in that when it occurs. As far as sewer service, which is a necessity, different options were considered but at this point the proposal would be for a pump station that would take a force main down Carolina Beach Road, which is not unusual. It is an encroachment with NCDOT but is part of the driveway and encroachment process. The closest sewer manhole is in Winds Ridge, which is some distance from the site. Again, all the options have been looked at and it is believed there are solutions. Ms. Wainio stated that the developer, Steve Shuttleworth, has been in continual contact with CFPUA to produce the most affordable solution. The Wilmington Realtors Foundation’s goal is to raise enough money to cover the costs to be able to provide housing for the stated cost and price. In response to Board questions, Ms. Wolf stated that the stormwater pond will be designed to the 25-year requirement unless there is no discernible outlet. If that is the case, it will need to be overdesigned. The soil in the area is extremely sandy and there is an impediment of a low spot, which the engineer should be able to solve. There also is not a well-defined outlet for the pond, but again, a good engineering solution has to do with the soil quality and its infiltration ability. It can be oversized such that as an infiltration facility, it can handle a 100-year storm. It is another hurdle they will be going through, but the work has been done and everyone involved feels it is doable. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, APRIL 4, 2022 PAGE 395 In response to Board questions, Ms. Wainio stated that as of February 2022 there were only 48 houses in the entirety of the County, unincorporated and incorporated, that were under $300,000 and that included manufactured homes. Hearing no further discussion, Chair Olson-Boseman closed the public hearing and asked if based on Board discussion and items presented during the public hearing, would the applicant like to withdraw or proceed with the petition and Board vote. Ms. Wainio stated that she would like to proceed. Chair Olson-Boseman asked for the Board’s direction on the request. Motion: Commissioner Zapple MOVED, SECONDED by Commissioner Barfield, to approve the proposed rezoning to a Conditional R-5 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 residential densities are in-line with those recommended for the 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 range of housing types and opportunities for households of different sizes and income levels. The following condition will apply to the rezoning: the project is proposed to meet the price criteria for workforce housing in the 81-120% area median income (AMI) range as defined by the US Department of Housing and Urban Development, adjusted for household size. Restrictive covenants will be created to assure owner occupancy and restrict investment or short-term rental. Upon vote, the MOTION PASSED 4 TO 0. 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 119. PUBLIC HEARING AND APPROVAL OF A REQUEST BY ANDY ETTERS, APPLICANT AND PROPERTY OWNER, TO REZONE APPROXIMATELY 29.39 ACRES OF LAND LOCATED AT 312 HERMITAGE ROAD FROM R-20, RESIDENTIAL DISTRICT, TO (CZD) CS, COMMERCIAL SERVICES DISTRICT FOR WAREHOUSING AND OFFICE FLEX SPACE AND A NURSERY (Z22-06) Current Planner Ron Meredith presented the request by Andy Etters, applicant and property owner, to rezone approximately 29.39 acres of land located at 312 Hermitage Road from R-20, Residential District, to (CZD) CS, Commercial Services District for a business park and the preservation of an existing nursery. When the R-20 district was first applied in the area, public utilities were limited and many homes in the unincorporated areas of the County utilized private well water and septic. Water is now available in the area and the applicant is proposing connections to the CFPUA water system and to utilize private septic systems. The site is undeveloped and is located to the east side of Castle Hayne Road, to the north side of I-140, and to the west side of Blue Clay Road. Mr. Meredith then provided an overview of R-20 developments in the area. The (CZD) CS district is intended to provide a clear place for necessary businesses that are not optimally located near residential neighborhoods and are sometimes referred to as heavy commercial. The applicant is proposing to construct a 130,000 square foot business park and to preserve the existing nursery on site located to the south side of the parcel. The units are anticipated to be located within 11 buildings with a maximum height of around 40-feet and each building would contain about three to four units. Also, each building would range in size from 9,000 square feet to 12,000 square feet but some changes are possible in configuration. Outside storage areas are possible and they will be located outside the required parking areas. The applicant is prepared to provide information about the proposed stormwater system. The site plan incorporates areas for required landscaping and transitional buffers and the development would have no impact on the schools as well. Access to the site is via Hermitage Road, which is a stated maintained road. A TIA conducted for the project has been approved by NCDOT and the WMPO and the specific improvements are listed within the report that is included in the agenda packet. The proposed project will generate approximately 185 peak hour trips. There is one active subdivision in the area with 195 lots left to be recorded. As for compatibility, properties east of the subject site have developed a variety of light industrial uses due to the proximity of the I-140 and railroad access. The Comprehensive Plan classifies the subject parcel as Employment Center. Employment Center place types are generally applied in areas like this that are intended to serve as employment and production hubs where office and light industrial uses are easily available. The proposed rezoning from R-20 to (CZD) CS is generally consistent with the Comprehensive Plan because it will allow for the types of commercial uses encouraged in the Employment Center Use place type and the district is located within a transitional area and will provide a transition between light industrial uses to the east and current lower intensity development that may transition in the future. The Planning Board considered the application at the March 3, 2022 meeting and recommended approval (6-0), as it found the request to be consistent with the purposes and intent of the Comprehensive Plan because it will allow for the types of commercial uses encouraged in the Employment Center place type with the following condition:  The total square footage of business park flex space shall be limited to a maximum 130,000 square feet. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, APRIL 4, 2022 PAGE 396 Mr. Meredith concluded the staff presentation stating the applicant agreed to the condition and should the rezoning be approved the development of the site will be subject to full technical review to ensure all land use regulations met. Chair Olson-Boseman thanked Mr. Meredith 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. Allison Engebretson, with Paramounte Engineering, representing Andy Etters, applicant and property owner, stated the subject site is located on Hermitage Road close to I-140 and General Electric and is about five miles from the airport. The location of the subject site is the reason for the rezoning request as the area has a lot of industrial in the Blue Cove Industrial Park. If approved, this will be the first site to be rezoned to a (CZD) CS district in the County and is a zoning district that captures a missing gap. It aligns with B-2 and also with lesser portions of the I-1 district, both of which are adjacent to the subject site as well as the Urban Mixed-Use area. The surrounding area is very much farmland and has been farmed for a number of years. However, it can be seen in the County's future land use plan that it has been targeted as an Employment Center place type. In the future land use plan under the employment center section, the subject site along Hermitage Road is specifically referred to as an ideal place for something that could offer goods and services outside of residential areas and something that could provide jobs and new opportunities in the community. The applicant purchased the site approximately four years ago and has been building up a nursery operation at the rear of the site. The intention is to continue the nursery operation, which requires about 8 ½ acres. Ms. Engebretson provided an overview of the proposed plan for the front portion of the site noting the maximum buildout would be about 130,000 square feet of industrial flex space. It will be targeted to things like contractors and the types of businesses that supply contractors. The buildings are 12,000 square foot spaces that can easily be divided up into about anything they need to be. There is a large stormwater pond on the left-hand side of the site. The purpose for the location is not only is it close to the outfall but it is closest to the residential homes that are about 300 to 500 feet away from the area. Construction will be done in phases and when fully built, the buildings will be about 14% of the site. The project’s TIA has been approved by NCDOT and WMPO with required roadway improvements to install a right-turn lane on Hermitage Road at Castle Hayne Road and a left-turn lane on Castle Hayne Road at Crowatan Road. Castle Hayne and Hermitage Roads are the main access roads to area businesses. In response to Board questions, Ms. Engebretson stated that water service is in front of the site and the connection will be made to CFPUA for service. When CFPUA was contacted about sewer service, it was learned that the closest available sewer is about 1.2 miles away at the intersection of Chair and Castle Hayne Roads. It is not feasible to bring it to the site, so septic has been explored and work is being done with a septic consultant who has done soil testing of the site and reported that things look very favorable. The septic areas shown on the site plan are very specifically placed in accordance with the consultant’s findings. The linear footage from the septic wells to the site’s neighbors have been taken into consideration. The closest neighbor is on the lefthand side of the site, the NC State University horticultural research farm, and the applicant’s septic wells are far away from the ones on that neighbor’s site. Any wells that are known are across the street, across Hermitage and on the farms across the road, so far away from the site’s required separation. The Blue Cove Industrial Complex is not along the lines of what is being requested in terms of structures, but the North Kerr Industrial Complex is much more in line with what is being proposed with shorter and smaller scale buildings. She does not know if Blue Cove gets water from wells. Residential is not allowed in the I-1 zoning district. In response to Board questions, Ms. Engebretson confirmed that there is not a traffic signal at Hermitage and Castle Hayne Roads. In broad terms, the applicant is looking at about a ten-year buildout so not all of the estimated 2,000 trips will happen at one time. She does not know of any NCDOT plans to do anything right on Castle Hayne Road in that location. The team did look at an improvement that is scheduled for 2029 to come up to the I- 140 area, but it does not make the next leap to the area of the subject site. Rynal Stephenson, Traffic Engineer with Ramey Kemp Associates, stated that he does think the vast majority of traffic is going to the intersection of Hermitage and Castle Hayne Roads. The traffic is currently low, and the proposed project will add traffic of about two cars per minute. The addition of the required turn lane will help separate the traffic out and minimize the delay time. However, the intersection is not identified as needing a traffic signal at this point and is not part of the buildout timeframe of the proposed project. As to potential backups on Hermitage Road, the wait times and stacking/queuing were looked at for that area. The highest amount of stacking is about six to seven cars at the heaviest times and the delay time is 27 seconds, which is not a failing level of service. There currently is not a lot of traffic at site and whatever traffic is being added by the proposed project is easily accommodated at the intersection, particularly with the required improvements. In response to Board questions, Mr. Stephenson stated that the 27-second delay is with the project fully built out. Again, NCDOT is not in favor of putting in a traffic signal until absolutely warranted or necessary. Hearing no further discussion, Chair Olson-Boseman closed the public hearing and asked if based on Board discussion and items presented during the public hearing, would the applicant like to withdraw or proceed with the petition and Board vote. Ms. Engebretson stated that her client would like to proceed. Chair Olson-Boseman asked for the Board’s direction on the request. Motion: Chair Olson-Boseman MOVED, SECONDED by Vice-Chair Hays, to recommend approval of the proposed rezoning. The Board finds it to be consistent with the purposes and intent of the Comprehensive Plan because it will allow for the types of commercial uses encouraged in the Employment Center place type. The Board also finds NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, APRIL 4, 2022 PAGE 397 approval of the rezoning request is reasonable and in the public interest because the proposed district will provide a transition between light industrial uses to the east and current lower intensity development that may transition in the future. The following condition will apply to the rezoning: the total square footage of business park flex space shall be limited to a maximum 130,000 square feet. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA CASTLE HAYNE OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JUNE 1, 1985 is hereby incorporated as part of the minutes and is contained in Zoning Book II, Section CASTLE HAYNE, Page 32. 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 Commissioner Barfield congratulated Saniya Rivers, who is a local athlete and graduate of Ashley High School, and the University of South Carolina women’s basketball team for winning the 2022 women's NCAA basketball championship. ADJOURNMENT There being no further business, Chair Olson-Boseman adjourned the meeting at 5:52 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.