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2022-07-11 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, JULY 11, 2022 PAGE 488 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on July 11, 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 Shirley Shavers of Bethesda Christian Life Church provided the invocation and Chair Julia Olson- Boseman led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chair Olson-Boseman requested a motion to approve the Consent Agenda as presented. Motion: Commissioner Zapple MOVED, SECONDED by Vice-Chair Hays to approve the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes – Governing Body The Commissioners approved the minutes of the Agenda Review meeting held on June 16, 2022 and Regular Meeting held on June 20, 2022. Adoption of State Road Resolution – Governing Body The Commissioners adopted the North Carolina Department of Transportation (NCDOT) state road resolution in support of adding Roger Haynes Drive (Division File 1298-N) to the state system. A copy of resolution is hereby incorporated as part of the minutes and contained in Exhibit Book XLIII, Page 30.1. Adoption of the N.C. Governor's Highway Safety Program Local Government Resolution – Sheriff The Commissioners adopted the N.C. Governor’s Highway Safety Program Local Government Resolution. A copy of resolution is hereby incorporated as part of the minutes and contained in Exhibit Book XLIII, Page 30.2. Adoption of A Resolution Supporting Wilmington Housing Authority’s Application for A State Grant to Repair Housing Units Impacted by Mold Intrusion – County Manager The Commissioners adopted a resolution supporting the Wilmington Housing Authority’s application for a state grant to repair housing units impacted by mold intrusion. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XLIII, Page 30.3. Approval of the Award of the Construction Contract to Sexton Construction Coastal LLC for the 320 Chestnut Street Fourth Floor Upfit for Port City United – Facilities Management The Commissioners awarded a construction contract to Sexton Construction Coastal LLC for the 320 Chestnut Street fourth floor upfit for Port City United (PCU) in the amount of $651,500. Approval of May 2022 Tax Collection Reports – Tax The Commissioners approved the May 2022 tax collection reports for New Hanover County, New Hanover County Debt Service, and New Hanover County Fire District. Copies of the tax collection reports are hereby incorporated as part of the minutes and contained in Exhibit Book XLIII, Page 30.4. Adoption of Budget Amendments – Budget The Commissioners adopted the following budget amendments amending the annual budget ordinance for the fiscal year ending June 30, 2023: Juvenile Services 23-001 Fire Rescue 23-002 Register of Deeds 23-003 Recovery and Resilience 23-004 Senior Resource Center 23-005 Social Services 23-006 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, JULY 11, 2022 PAGE 489 Copies of the budget amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XLIII, Page 30.5. REGULAR ITEMS OF BUSINESS CONSIDERATION AND ADOPTION OF THE GULLAH/GEECHEE NATION APPRECIATION WEEK PROCLAMATION Commissioner Barfield read into the record the proclamation recognizing July 30 through August 6, 2022 as Gullah/Geechee Nation Appreciation Week. Hearing no further discussion, Chair Olson-Boseman asked for direction from the Board. Motion: Commissioner Zapple MOVED, SECONDED by Commissioner Barfield to adopt the proclamation recognizing July 30 through August 6, 2022 as Gullah/Geechee Nation Appreciation Week. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as part of the minutes and contained in Exhibit Book XLIII, Page 30.6. PRESENTATION OF THE 2022 COMMUNITY CHILD PROTECTION TEAM ANNUAL REPORT AND APPOINTMENT OF AT-LARGE MEMBERS Judge J. H. Corpening, II, Chair, and Neesha Allen, Co-Chair, of the Community Child Protection Team (CCPT) thanked the Board for the opportunity to present the CCPT report as required by state law. The CCPT is a multidisciplinary organization that is appointed by statute and by the Board to evaluate gaps in services that effect children. Judge Corpening and Ms. Allen presented the CCPT accomplishments, gaps, and goals for the coming year:  2021 Accomplishments:  Community Education on Reporting Child Abuse and Neglect: Training provided to Sexual Assault Response Team, NHC Foster Parent Association, Coastal Family Medicine NHRMC clinic, Med North, and Coastal Horizons on how to recognize, respond, and report child abuse and neglect  Monthly CCPT case reviews: CCPT team reviewed eleven complex child welfare involved families to formulate strategies to address gaps in services and barriers to child protection  Community Education on Infant Safe Sleep: Infant safe sleep training was provided to 160 local mental health and substance use disorder clinicians and letters regarding parental substance misuse and infant safe sleep were sent to 30 community substance use disorder treatment providers  Infant safe sleeping tips: Efforts included social media posts and local television interviews promoting safe sleep practices  Lack of consistent, accessible, effective mental health and developmental disability services:  Difficulty accessing inpatient treatment for stabilization  Difficulty accessing therapeutic placements and psychiatric residential treatment within catchment area  Limitations for coverage by both Medicaid and private insurance  Limited accessible services for caregivers and children with co-occurring mental health and developmental disabilities  Upon placement of children in DSS custody, parents lose Medicaid coverage, resulting in lack of access to critical services  Recommendations:  Expand private insurance coverage for mental health services  Expand state funding for mental health and developmental disability services  Improved oversight of Medicaid providers by Trillium  Expand capacity for therapeutic placements for children  Approve Medicaid expansion  Children impacted by parental substance misuse:  Prevalent contributory factor in child maltreatment resulting in:  Child fatalities (including fatalities resulting from unsafe sleep practices)  Parental incarceration  Parental death by overdose  Substance affected newborns  Neglected and unsupervised children  Recommendations:  Community awareness through education regarding intervention and safe sleep practices  Advocate for legislation mandating improved oversight of medication providers and effective assessment and treatment services  Advocate for legislation granting Child Welfare Social Workers access to the NC Controlled Substance Reporting System (CSRS) to enable accurate assessment of the extent of a parent’s use of prescription drugs and the impact of that use on child safety  Expand capacity for family residential treatment  Expand Medicaid and private insurance coverage to include childcare and transportation to treatment NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, JULY 11, 2022 PAGE 490  Lack of Affordable Non-Subsidized Housing:  Working poor are not eligible for housing assistance  Several consecutive years of increases in the market rate for rental properties  Extensive number of displaced families due to housing complexes damaged by Hurricane Florence and due to unhealthy public housing living conditions (mold)  Lack of affordable, adequate housing in New Hanover County, results in:  Families forced to live in unsafe neighborhoods  Multiple families residing in a single residence  Homelessness  Lack of access to critical resources, i.e., food deserts  Recommendations:  Provide funding to community agencies to develop innovative housing initiatives and solutions that meet the needs of all our populations, particularly the working poor  Require strict enforcement of housing regulations  Advocate for increased federal housing subsidies  Ensure all residential areas have access to critical resources, i.e., grocery stores  Service Barriers for Undocumented Families:  Systemic barriers exist for undocumented families to access services to meet the basic needs of their children including medical care, dental care, mental health treatment, housing, and education  Recommendations:  Ensure that basic needs for all children are met, regardless of citizenship, through advocacy at the local and state level  Increased support and resources within the school system, i.e., additional bilingual parent liaison In response to Board questions, Judge Corpening stated there has never been a time in his 43 years of being a lawyer and a judge when there have been adequate services for therapeutic placements and psychiatric residential treatment in this area. However, with this Board taking the leadership role with Trillium who oversees Medicaid, developing resources in partnership with other providers, and developing resources in partnership with the County’s Health and Human Services (HHS) Department, this County has shown that where there is a will there is a way. There are wrap-around services that are important, along with medicine, which provide a total response to address a person’s illness. The total person response is not always seen and that is where oversight is important. It is not only a local issue, but also seen statewide. As far as a person’s ability to access treatments, transportation has not been the issue. That has been solved through the HHS – Social Services staff. The issue is not having enough therapeutic resources for kids, the issue of who gets to approve placements, and the question of if only the medical record is being reviewed of if the real person is being looked when saying this is not medically necessary. In response to additional Board questions, Judge Corpening stated that if a person works 30 hours a week at a McDonald’s or in the restaurant industry that person is not making a livable wage. The waiting list for current subsidized housing is long. Organizations such as the Harrelson Center have been able to help match families to housing but the need continues as housing costs have increased. The working poor is a large group in the County. As for undocumented families, efforts are made to offer services via HHS, but the challenge is to pay for resources with federal and state funds for undocumented kids which is not a permitted use of the funds. Adverse childhood experiences and adverse child community environments all bloom together to create issues. It is predictable, but unless the needs of the children are met when they are young, the legal system is more likely to see them and provide services to them of a very different type such as incarceration. Judge Corpening and Ms. Allen requested the Board make the appointments of the following at-large members to the CCPT for the ensuing year: Lauren Daley, Executive Director, Domestic Violence Shelter and Services, Inc.; Amy Feath, Executive Director, Carousel Center; Chris Preston, New Hanover County Youth Empowerment Services Manager, New Hanover County Community Justice Services; Steven Still, Director, New Hanover County Emergency Management; and Neesha Allen, Community Member. Hearing no further discussion, Chair Olson-Boseman asked for direction from the Board to appoint Lauren Daley, Amy Feath, Chris Preston, Steven Still, and Neesha Allen to the Community Child Protection Team for one- year terms expiring May 2023. Motion: Vice-Chair Hays MOVED, SECONDED by Commissioner Barfield, to appoint Lauren Daley, Amy Feath, Chris Preston, Steven Still, and Neesha Allen as recommended to the Community Child Protection Team for one-year terms expiring May 2023. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSIDERATION AND ADOPTION OF THE 2022 NEW HANOVER COUNTY EMERGENCY OPERATIONS PLAN Assistant Emergency Management Director Anna McRay presented the 2022 New Hanover County Emergency Operations Plan (EOP):  New Hanover County Emergency Operations Plan:  Project Overview:  All Clear Emergency Management Group Awarded: August 2021: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, JULY 11, 2022 PAGE 491  Multi-municipality EOP project  Multi-department Continuity of Operations Plan (COOP) project  EOP kickoff: November 2021  Continuity of Operations Plan (COOP) kickoff: December 2021:  Departmental COOP meetings: January 2022  Final project deliverables: June 2022  Presentation to Board of County Commissioners: July 2022  HURREX2022: July/August 2022  New Hanover County EOP:  Functional annexes: transportation; communications; public works and engineering; firefighting; direction, control, and coordination; mass care; logistics and resource management; public health and medical services; search and rescue; hazardous materials; agricultural, historical, and natural resources; energy; public safety and security; recovery and mitigation; public information, alert, and warning; continuity, and financial management  Hazard-specific annexes: hurricane; severe weather; flooding; extreme heat; winter weather; hostile intruder; earthquake; tsunami; hazardous materials; aviation mishaps/accidents; resource shortage; pandemic response; water contamination; terrorism; radiological; land search & rescue; urban/technical search and rescue; and water search and rescue  Supporting annexes: catastrophic event evacuation plan including a commercial, large, and exotic animal plan; commodity point of distribution plan; damage assessment plan; debris management; donations management; fuel management plan; mass casualty incident (MCI) plan; mass fatalities management (MFM) plan; pandemic disease; recovery plan (in development); radiological emergency preparedness program; regional hazard mitigation plan; shelter management including a companion animal co-location shelter plan; volunteer management; ILM response plan; AUXCOMM (in development); family assistance center (in development); and COOP plan  Summary of Changes:  Removed references to Emergency Support Functions (ESFs); replaced with 17 functional annexes  Each annex is supported with tactical appendices or references to other plans  Shift to FEMA Community Lifelines for enhanced situational awareness and coordination  Revision to names of Emergency Operations Center (EOC) positions to focus on incident support and policy development & direction and to support EOC Skillset Development  Enhanced job aids for the EOC  Municipal plans have been incorporated into this EOP In response to Board questions, Ms. McRay stated that the municipalities maintain their own operations center, but the County and municipalities work together collaboratively. Chair Olson-Boseman thanked Ms. McRay for the presentation and asked for direction from the Board. Motion: Vice-Chair Hays MOVED, SECONDED by Commissioner Rivenbark to adopt the 2022 New Hanover County Emergency Operations Plan. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of plan is hereby incorporated as part of the minutes and contained in Exhibit Book XLIII, Page 30.7. PUBLIC HEARING AND APPROVAL OF A REZONING REQUEST BY MARTIE MURPHY WITH SHJ CONSTRUCTION GROUP, APPLICANT, ON BEHALF OF WAVERLY INVESTMENTS, PROPERTY OWNER, TO REZONE APPROXIMATELY 1.75 ACRES OF LAND LOCATED AT 8005 AND 8015 MARKET ST FROM O&I, OFFICE AND INSTITUTIONAL, TO (CZD) B-1, NEIGHBORHOOD BUSINESS FOR A CARWASH (Z22-11) Current Planner Zach Dickerson presented the request by Martie Murphy with SHJ Construction Group, on behalf of Waverly Investments, property owner, to rezone approximately 1.75 acres of land located at 8005 and 8015 Market Street from O&I, Office and Institutional, to (CZD) B-1, Neighborhood Business for a carwash. Mr. Dickerson stated that the item was originally considered at the Board of Commissioners’ June 6, 2022 meeting and was continued to allow the applicant to address questions about access and maintenance on Sweetwater Drive. Since that meeting, the applicant has provided new information. Now that the public hearing is re-opened, staff would like to turn it over to the applicant to present that new information. Chair Olson-Boseman thanked Mr. Dickerson for the overview and invited the applicant to make remarks. Amy Schaefer, attorney with Lee Kaess, PLLC, on behalf of Martie Murphy with SHJ Construction Group, on behalf of Waverly Investments, property owner, stated that the applicant contacted her firm after the last meeting about Sweetwater Drive and the access and maintenance requirements. She then provided an overview of the title search that was completed and the two properties in question. It was found that in 1995 a document was recorded reflecting a very bare bones road maintenance agreement. There are common law rights to easements and what everybody must do. If the document were to be questioned one of the successors in interest would take it to court and state that the road is not being maintained as they think it should be and it would be determined if that maintenance is suitable. The document includes successors and assigns so it does run with the land. She listed those who were the parties at the time of that recorded road maintenance agreement. She then reviewed the properties NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, JULY 11, 2022 PAGE 492 that Mr. Jolly and Mr. Canady owned at the time the document was recorded. The property that the applicant is trying to buy for the carwash would be subject to the road maintenance agreement. The applicant had sent emails and held a meeting with the adjacent property owners and developed additional proposed conditions to further alleviate the adjacent property owners’ concerns. The first four conditions were in the prior requirements and the last three are what the applicant would like to add: 1. A fence shall be included as part of the required vegetative buffer along the northern property line 2. Any landscaping provided in the submitted landscape plan exceeding the minimum standards of the Unified Development Ordinance shall be retained as part of the development 3. Hours of operation shall be limited to 8 AM to 8 PM 4. Architectural features such as stacked stone and brick exterior shall be included in the façade of the project facing Market Street 5. Widen Sweetwater Drive to a minimum of 26 feet to the Applicant's northern property boundary 6. Repave and maintain Sweetwater Drive to the Applicant's northern property boundary 7. Install Private Drive/Dead End signage on Sweetwater Drive at the North West Corner of the Applicant's property Ms. Schaefer concluded the presentation stating that she was happy to answer any questions. In response to Board questions, Ms. Schaefer stated that concerns were expressed at the community meeting about the three additional conditions. An email was also sent asking if everyone agreed and/or if there were any questions or concerns. Mr. Murphy heard back from the owners of Canady and Sons with concerns about what would happen to the subject property if not developed as carwash. As this is a conditional rezoning for the carwash, anything other than a carwash would have to have a site plan submitted and come back before the Board for another public hearing. She does not know specifically if there was an address of the conditions but does think there was consensus at the meeting. The Canady’s owned the land when the 1995 maintenance agreement was put in place and it has since been transferred just to share their successors and interest. NCDOT has not provided any driveway requirements. She noted that Sweetwater Drive is a private right-of-way, and the applicant must comply with County code through Technical Review Committee (TRC) requirements. In response to further Board questions, Ms. Schaefer confirmed that because the 1995 road maintenance agreement runs with the land there is no need to establish another one. There has been no discussion to bring Sweetwater Drive up to NCDOT standards because the road does not go anywhere nor connect to any other properties or roads. Chair Olson-Boseman announced that one person signed up to speak in opposition and no one signed up to speak in favor to the request. She invited the speaker to make remarks. Sandra Canady Sullivan, resident of Sweetwater Drive, spoke in opposition to the request stating that her family is not against the carwash but that they would like some form of agreement that the applicant will take care of the front portion of Sweetwater Drive as the carwash will create a lot of traffic on the road. The entrance to Sweetwater Drive is 26 feet wide and people going to the carwash will not stay on their side of the road. They will drive down the middle to exit onto Market Street and create a backup onto Market Street with vehicles turning right onto the road. The driveway is not wide enough for emergency vehicles if there are cars lined up coming out of the carwash. The family’s main concern is to make it safe and ensure that the person/business damaging the road is taking care of it. The Canady and Sons business does not operate on the weekends. It is only 8:00 a.m. to 4:30 p.m. Monday through Friday. The carwash is going to be operating 8:00 a.m. to 8:00 p.m. Monday through Sunday and will be creating the traffic and damaging the road. It is not fair that the applicant’s business will damage the road, but her family will have to pay for the repairs. The road is not built for the continual traffic the carwash will create. If the applicant agrees to maintain the front, her family will maintain the back part that their trucks damage. She further noted that the one dump truck leaves the business in the morning and returns in the afternoon and as such is not doing that much damage. Most of the people that own property on Sweetwater Drive are third generation and have no intention of going anywhere unlike the applicant who will return to Georgia when the project is done. In response to Board questions, Ms. Sullivan reiterated that the family wants the applicant to widen the road from Market Street to their property line and the other residents can maintain the rest. The issue is that the entrance onto Sweetwater Drive is going to stay 26-feet wide and will not be widened for safety. It would be helpful to stripe the road so drivers are aware of what side of Sweetwater Drive to stay on upon exiting the carwash. In response to Board questions, Mr. Dickerson confirmed that as part of the TRC process the Sweetwater Drive entrance onto Market Street will be reviewed including widening the entrance. NCDOT is always asked to provide comments on any TRC cases. He does believe TRC will also look at striping the road and would need to clarify that with NCDOT and the Wilmington Metropolitan Planning Organization (WMPO). A brief discussion was held that based on what has been discussed during the public hearing and how the concerns of the opposition speaker have been addressed. In response to Board questions, Planning Manager Ken Vafier reconfirmed that it would be part of the TRC process to review the Market Street intersection and safety function. There will be a median on Market Street which will require right in, right out movement. The current median goes down as far as Marsh Oaks Drive and part of the NCDOT project is to extend the median to Porter’s NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, JULY 11, 2022 PAGE 493 Neck and that project is underway. As to the striping, a specific note will be made for that to be reviewed the TRC and Ms. Schaefer would just need to state if the applicant would agree to that as an additional approval. Chair Olson-Boseman stated that applicant and opposition would each have five minutes for rebuttal. In rebuttal comments, Ms. Schaeffer stated that she has informed the Planning and Land Use staff that her client would agree to the striping as an additional concern and agree to a right-in, right-out movement if there is not a median on Market Street. In rebuttal comments, Ms. Sullivan stated that so long as the U-turn would be analyzed to address any potential issues with traffic backing up, make it safe for the property owners to enter and exit, and take care of the road then she is good with everything else that is being proposed. Hearing no further discussion, Chair Olson-Boseman asked for a motion to close the public hearing and asked for direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Zapple, to approve the proposed rezoning to a (CZD) B-1. The Board finds it to be consistent with the purposes and intent of the Comprehensive Plan because it is located in an area designated as Urban Mixed Use and as a growth node and provides for the uses that are appropriate for this area. The Board also finds approval of the rezoning request is reasonable and in the public interest because the proposal provides neighborhood-serving commercial development. The following conditions will apply to the rezoning: 1. A fence shall be included as part of the required vegetative buffer along the northern property line 2. Any landscaping provided in the submitted landscape plan exceeding the minimum standards of the Unified Development Ordinance shall be retained as part of the development 3. Hours of operation shall be limited to 8 AM to 8 PM 4. Architectural features such as stacked stone and brick exterior shall be included in the façade of the project facing Market Street 5. Sweetwater Drive shall be widened to a minimum of 26 feet to the Applicant's northern property boundary 6. Sweetwater Drive shall be repaved, maintained, and striped to the Applicant's northern property boundary 7. Private Drive/Dead End signage shall be installed on Sweetwater Drive at the northwest corner of the Applicant's property Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 5 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED OCTOBER 15, 1969 is hereby incorporated as part of the minutes and is contained in Zoning Book I, Section 5, Page 90. PUBLIC HEARING AND APPROVAL OF A REZONING REQUEST BY KELLY SUMMERLIN WITH INTEGRAL COMMERCIAL GROUP, APPLICANT, ON BEHALF OF BETHANY PRESBYTERIAN CHURCH, PROPERTY OWNER, TO REZONE APPROXIMATELY 2.42 ACRES OF LAND LOCATED AT 2311 CASTLE HAYNE ROAD FROM O&I, OFFICE AND INSTITUTIONAL, TO CB, COMMUNITY BUSINESS (Z22-16) Senior Planner Robert Farrell presented the request by Kelly Summerlin with Integral Commercial Group, applicant, on behalf of Bethany Presbyterian Church, property owner, to rezone approximately 2.42 acres of land located at 2311 Castle Hayne Road from O&I, Office and Institutional, to CB, Community Business. The request is for a straight rezoning and as such, conditions cannot be applied to the petition. The subject site was originally zoned R-15 in the early 70s until the owners rezoned the property to O&I in 1999. It is bordered by commercial zoning to the north and east with residential zoning to the south and west. Under the current zoning conditions, the parcel could accommodate both residential and commercial development. There is an existing vacant single-family home on the property known as the Niggle-Johnson house which originally constructed around 1915. The home is listed in the Historic Architecture of New Hanover County, however, is not under any historic preservation protections or listings. Mr. Farrell provided an overview of O&I and CB developments. The site has direct access onto Castle Hayne Road through an existing driveway entrance. He then reviewed the estimated trip generation for the site under the existing use, estimated trip generation figures under a typical O&I development on a parcel this size, and the estimated trip generation for a development typical in the CB district. The number of trips under the existing use are small. The estimated change in the number of trips generated between the two districts based on possible development shows a small increase in AM peak hour trips and a larger increase in PM peak hour trips. There is an existing Traffic Impact Analysis (TIA) for the Wrightsboro Commons multi-family project. It requires a new signal plan for North Kerr and Castle Hayne Road with an anticipated build out next year. There is also a State Transportation Improvement Project (STIP) for the widening of Castle Hayne Road with construction scheduled to begin after 2029. The proposed plans for the Castle Hayne Road widening project show a U-turn bulb out along the front of the property. Given the right-of-way expansion it will likely require the removal of the existing home. The anticipated NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, JULY 11, 2022 PAGE 494 right-of-way acquisition is 2025. There are several subdivisions under development in the area with 485 units approved by the TRC between them. The site is located within the Community Mixed Use Place Type, which promotes small-scale, compact, mixed use development patterns. Commercial uses promoted in this place type include office, retail, and institutional uses that function as an attractor for residents and visitors. The area was zoned for a mixture of commercial uses in 1999 and the CB district was added to the UDO in 2019 as a district appropriate adjacent to existing residential development. The adjacent land uses include an existing church, residential properties, and nearby commercial development. Due to the existing zoning and surrounding development, it is unlikely that the property will be developed for single-family residential. While the existing O&I and proposed CB districts are similar, the CB allows for additional uses not allowed within the O&I as illustrated in the zoning district profiles included in the agenda packet. The Planning Board considered this application at its June 2, 2022 meeting and recommended approval of the petition (6-0). Due to the level of development within this portion of the County, consistency with the Comprehensive Plan, the types of development recommended within the Community Mixed Use place type, and how the proposed zoning district could serve as an appropriate transition between the adjacent land uses, staff concurs with the Planning Board’s recommendation of approval for this application. Should the rezoning be approved, development of the site will be subject to additional development review to ensure all land use regulations met. Chair Olson-Boseman thanked Mr. Farrell for the presentation and invited the applicant to make remarks. Jerry Covill, representative of Bethany Presbyterian Church, stated that the subject site has become a real problem in the sense that with COVID and a growing population as far as elderly people in the church itself, something different needs to be done. After prayerful consideration it was felt this was the best route, not only for the church but also the community. The rezoning would be a benefit as far as ensuring the church can remain as a viable service to the members of the County as well as the Wrightsboro community. He asked that the Board approve the rezoning request. Chair Olson-Boseman announced that no one signed up to speak in favor or in opposition and closed the public hearing. In response to Board questions, Ms. Summerlin stated the church does not desire to expand but to sell the property. It is felt the CB zoning is a better fit. In response to Board questions, Mr. Farrell confirmed that the main difference between O&I and CB is that CB does not allow for residential. There are also some expanded uses under the CB zoning that are not in O&I. He further agreed that the change is for marketability and fits better with the future land use plan. Hearing no further discussion, Chair Olson-Boseman asked Mr. Covill if based on the Board discussion and items presented during the public hearing, whether he would like to withdraw the petition or proceed with a vote. Mr. Covill replied that he would like to proceed with the vote. Chair Olson-Boseman asked for direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Chair Olson-Boseman, to approve the proposed rezoning to a CB district. The Board finds it to be consistent with the purposes and intent of the Comprehensive Plan because the types of uses allowed within the Community Mixed Use place type would support small scale commercial centers of a transitional nature in the Wrightsboro area and would generate infill commercial development between two commercial intersections along an established corridor. The Board also finds approval of the rezoning request is reasonable and in the public interest because the CB district provides areas for commercial growth to serve existing and future residential development and act as a buffer between higher density / intensity development and moderate to low density residential neighborhoods. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 10A OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 1, 1974 is hereby incorporated as part of the minutes and is contained in Zoning Book II, Section 10A, Page 49. PUBLIC HEARING AND DENIAL OF A SPECIAL USE PERMIT BY JOYCE LEMON, APPLICANT AND PROPERTY OWNER, FOR A SPECIAL USE PERMIT FOR A MOBILE HOME TO BE LOCATED ON AN APPROXIMATELY 2.08-ACRE PARCEL AT 5031 PELLAND LANE, CASTLE HAYNE WHICH IS CURRENTLY ZONED RA, RURAL AGRICULTURAL (S22-01) Chair Olson-Boseman opened the public hearing and announced that the special use process (SUP) requires a quasi-judicial hearing and therefore, the Clerk to the Board must swear in any person wishing to testify. She requested all persons who signed in to speak or who want to present testimony to step forward to be sworn in. Robert Farrell Jim Iannucci Bain Williams Rebekah Roth Joyce Lemon James Clark Scott James Thomas Radewicz NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, JULY 11, 2022 PAGE 495 Chair Olson-Boseman further stated that a presentation will be heard from staff and then the applicant group and the opponent group will each be allowed fifteen minutes for presentations and an additional five minutes, if necessary, for rebuttal. She then asked Senior Current Planner Robert Farrell to start the presentation. Senior Current Planner Robert Farrell presented the request by Joyce Lemon, applicant and property owner, for an SUP for a mobile home to be located on an approximately 2.08-acre parcel at 5031 Pelland Lane, Castle Hayne which is currently zoned RA, Rural Agricultural. With SUP requests, conditions may be applied to ensure compliance with a required conclusion. He noted that the maps in the presentation and staff report are taken from the County GIS which does not reflect a recent recombination map enlarging the subject parcel. However, the plot plan submitted with the application shows those current boundaries. The subject site was originally zoned RA in 1985 and the area has remained in the RA zoning district. Mr. Farrell then reviewed the plot plan for the site, showing the adjusted lot line, the existing dwelling to the north, the approximate location of the proposed mobile home, and the driveway access to Pelland Lane. The site is required to be served by individual well and septic so the proposed location of the home will be contingent on where the septic tank can be supported on the property and required setbacks. There is an existing home on the property. The addition of the mobile home would generate one additional AM and PM trip, below the threshold required for a TIA. There are no TIAs in the area and there are no subdivisions currently under development. The site is located within the Rural Residential place type, which promotes very low single-family residential development with a mixture of agricultural and recreational activities. The 2016 Comprehensive Land Use Plan (Comprehensive Plan) also specifically identifies the applicable area for this place type as Castle Hayne. The parcel is 2.08 acres, the addition of the mobile home to the existing single-family residence on the property would be a density of one dwelling unit per acre, under the maximum density recommended for this place type. While mobile homes are not the typical housing type in the area, they are permitted with an SUP in the RA zoning district. Mr. Farrell provided an overview of the preliminary findings of fact for each of the four conclusions to be reached and noted that the information was included in the agenda packet. The Board must come to the following four conclusions to issue the SUP: 1. The use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. 2. The use meets all required conditions and specifications of the UDO. 3. The use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. 4. The location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. In response to Board questions, Mr. Farrell provided another overview of the parcels that are owned by the applicant. He confirmed that on the site plan, the applicant owns all the parcels except the lower left parcel. Chair Olson-Boseman thanked Mr. Farrell for the presentation and invited the applicant to make remarks. Joyce Lemon, applicant, stated that her plan is not to put a mobile home on the land that has wheels. Of the two properties she has, one has a 1,560 square foot modular home placed on it which replaced a two-bedroom mobile home that she had before. Even though she lived in a mobile home when first married, she is against mobile homes. The mobile home she is proposing to put on the property is a modified modular home. It is a 14-foot by 36- foot modular home with two rooms and a bathroom. It will be a downsize from the 1,560 square foot home as that is too much for her to maintain. The mobile home will be taken off the wheels and again, made into a modular home and upgraded to have better protection again events such as hurricanes. Also, it is 450 square feet versus the current 1,560 square foot existing home. She did not realize there would be opposition to her request and will accept whatever decision the Board makes. She plans to live on the property until she dies. She owns two acres of land between the two properties and the other six acres is owned by other family members who will not be placing mobile homes on those lands. The existing structure on the subject site was her mother’s house and needs to be torn down. She feels she will be continuing to improve the property and again, plans to continue living on the property. Chair Olson-Boseman announced that no one signed up to speak in favor of the request and three people signed up to speak in opposition and asked speakers to provide their comments. Thomas Radewicz, resident of Marathon Avenue, spoke in opposition to the request stating on Marathon Avenue he has seen a lot of good development and neighbors seem well satisfied with the development that has occurred to date. His family has lived on Marathon Avenue for almost 100 years. He has been in the similar situation several times over the years to speak against mobile homes on Marathon Avenue and supported an SUP back in 1985 across the street from him for a mobile home due to that person’s situation. It is not a neighborhood squabble, but he believes the Marathon Avenue community is not the area to start accommodating a mobile home park or something similar. He understands that is not what the applicant is doing but based on past experiences once allowed it is hard to deny similar requests down the road and asked the Board to deny this request. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, JULY 11, 2022 PAGE 496 Bain Williams, resident of Marathon Avenue, spoke in opposition to the request stating that he lives directly east of the subject site and owns 10.7 acres with a home and horse farm. The homes on Marathon Avenue are private homes with horse farms. Everyone keeps their property nice as does the applicant, who is a good neighbor. The applicant currently has two modular homes on her property. One she rents out and he believes she has stated she wants to rent out the one at the front of the property when she puts in the new mobile home. He has letters from 13 people and six signatures from those who do not want to see the SUP request approved. Marathon Avenue is a very tight knit community and is a piece of the County that most do not get to see every day. The wheels can be taken off a mobile home, but it is still titled as a mobile home. He knows she will keep everything nice. However, he would ask that the Board deny the request due to the fact it will hurt the property directly next to the subject site, which is his property. A denial will also not allow the opportunity to put more manufactured housing in an area that is predominately private homes and horse farms. He handed to the Clerk to the Board the referenced letters and petition, but those were not reviewed by the Board as they were not received as an evidentiary exhibit. James Clark, resident of Marathon Avenue, spoke in opposition to the request stating that he has five acres to the west of the subject property and will be fully affected by the location of the mobile home. It started out that the applicant had one property, then she placed a mobile home on it and rented it out and will do the same with the other mobile home. The mobile home will be placed next to his property. Even though everyone in the community is like family and gets along, they all agree that this is not the right place to put another mobile home. Chair Olson-Boseman stated that applicant and opposition would each have five minutes for rebuttal. In applicant rebuttal, Ms. Lemon stated she appreciated hearing the opposition comments. She has not put things in with the idea of renting them out. The homes that are there were put in for her own kids in case they need them in the future but until that time, she rents them out. She lives on minimum income and purchased the property so that her kids will inherit it one day but cannot say what they will do with it when she passes. Until that time she is maintaining the properties herself. She plans to make the open space like a park and there will still be plenty of wildlife around. She does not think one small home, which will be a modular home, is going to change it all. She feels manufactured homes are just as suitable as a house built from scratch because hers have all been well insulated and stay in pretty good shape when properly maintained. She reiterated that she would accept whatever decision is made by the Board. In rebuttal, Mr. Williams stated that he has no issues with the applicant and has helped her in the past when she put in the second modular home beside his property. He supplied her electricity through an extension cord until Duke Power could get out and provide it so she would not be in the dark. He has also assisted the current renters of that home by giving them a generator and drop cords after storms when the power has gone out because they had small children and needed assistance with some air conditioning and a fan. The applicant is a good neighbor. This is not personal. The residents of Marathon Avenue want to make sure the community remains beautiful. However, it is still the fact that if the SUP is approved it opens the door for more mobile home and manufactured housing accessibility in the area. It is tight knit area, the neighbors look out for each other, and they also look out for the home values and keep up their properties. If approved, the mobile home will affect the values and open the door for more mobile homes to be added on the additional tracks of land that her family owns. He and the other residents hope the Board does its due diligence and sides with them. Hearing no further discussion, Chair Olson-Boseman closed the public hearing and opened the floor to Board discussion. Commissioner Barfield stated as the matter is quasi-judicial, those that are in favor of or in opposition to, in bringing forth evidence cannot say it is going to lower the property values without having a certified appraiser come in and say it is going to lower the property values. The Board also cannot go by how a person feels about the request. He does understand the applicant’s plight in terms of wanting to build a property for the purposes intended. In response to Board questions, Ms. Lemon stated that as it relates to building a traditional 500-square foot home on a poured slab, the recent revaluation resulted in her property value doubling. She did investigate a smaller modular home and the price was doubled the amount for the mobile home. The mobile home looks just as nice as what the modular homes would be because they are both manufactured homes. It is what she can afford and can put a foundation under it and install a well and septic. A smaller home would allow her to have more income for things such as possible hospital stays. Again, she cannot afford the modular unit because it is twice the value of a mobile home that would be redone. Hearing no further discussion, Chair Olson-Boseman made a motion to deny the request. Motion: Chair Olson-Boseman MOVED to deny the request as the Board cannot find that this proposal will not substantially injure the value of adjoining or abutting property and cannot find that it will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. Chair Olson-Boseman asked if there was any further discussion. Commissioner Barfield stated that modular homes and manufactured homes, by definition, are prefabricated structures being either partially or fully constructed in an offsite factory. Neither is built onsite. When NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, JULY 11, 2022 PAGE 497 talking about housing affordability, there is a significant difference in cost between what is being proposed and a traditional home. Not everyone has the financial wherewithal to do x, y, and z. In response to Board questions, Mr. Farrell stated that during site visits staff did see another mobile home in the vicinity about 1,500 feet down Marathon Avenue. He also confirmed that if there were future requests to place a mobile home on a property on Marathon Avenue, including the applicant’s property, the requests would have to come before the Board for consideration. Individual mobile homes cannot be placed on properties without an SUP. In terms of an actual mobile home park request, he would have to refer to the ordinance. Hearing no further discussion, Chair Olson-Boseman stated that her motion failed for a lack of a second and asked for Board direction. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Zapple, to approve as the Board finds that the application for a Special Use Permit meets the four required conclusions based on the findings of fact included in the staff report with the suggested additions to be recorded to establish permanent ingress and egress across applicable neighboring areas to Pelland Lane. Upon vote, the MOTION FAILED 2 TO 3. Chair Olson-Boseman, Vice- Chair Hays, and Commissioner Rivenbark dissenting. Chair Olson-Boseman asked if there was a motion to deny the request. Motion: Vice-Chair Hays MOVED, SECONDED by Chair Olson-Boseman to deny the request as the Board cannot find that this proposal will not materially endanger the public health or safety, meets all required conditions and specifications of the Unified Development Ordinance, will not substantially injure the value of adjoining or abutting property, and will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. Upon vote, the MOTION PASSED 3 TO 2. Commissioners Barfield and Zapple dissenting. A copy of an order denying a Special Use Permit and listing the findings of facts is contained in SUP Book IV, Page 92. APPOINTMENT OF VOTING DELEGATE(S) TO THE 2022 NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS (NCACC) ANNUAL CONFERENCE AND NCACC LEGISLATIVE GOALS CONFERENCE Chair Olson-Boseman nominated Vice-Chair Hays to be the voting delegate for the 2022 North Carolina Association of County Commissioners (NCACC) Annual Conference and NCACC Legislative Goals Conference. Hearing no further nominations, Chair Olson-Boseman asked for direction from the Board. Motion: Chair Olson-Boseman MOVED, SECONDED by Commissioner Zapple to appoint Vice-Chair Deb Hays as voting delegate for the 2022 North Carolina Association of County Commissioners (NCACC) Annual Conference and NCACC Legislative Goals Conference. Upon vote, the MOTION CARRIED UNANIMOUSLY. COMMITTEE APPOINTMENTS Appointments to the New Hanover County Inspections Department Advisory Council Chair Olson-Boseman reported that four vacancies exist on the New Hanover County Inspections Department Advisory Council with one application eligible for reappointment in the Electrical Contractor category and five additional applications available for consideration in the At-Large and Residential Builder categories. Vice-Chair Hays nominated William Loeber for reappointment in the Electrical Contractor category, Steve Caudill and Greg Uhl for appointment in the At-Large category, and John Rock for appointment in the Residential Builder category. Commissioner Zapple seconded the nominations. Hearing no further nominations, Chair Olson-Boseman asked for a vote on the nominations on the floor. Vote Results: Upon vote, the Board voted UNANIMOUSLY to reappoint William Loeber in the Electrical Contractor category and appoint Steve Caudill and Greg Uhl in the At-Large category and John Rock in the Residential Builder category to the New Hanover County Inspections Department Advisory Council to serve three-year terms with the terms to expire July 31, 2025. Appointment to the New Hanover County Planning Board Chair Olson-Boseman reported that two vacancies exist on the New Hanover County Planning Board with one application eligible for reappointment and thirteen additional applications available for consideration. Commissioner Zapple nominated Colin J. Tarrant for reappointment and Clark Hipp for appointment. Vice- Chair Hays seconded the nomination. Hearing no further nominations, Chair Olson-Boseman asked for a vote on the nominations. Vote Results: Upon vote, the Board voted UNANIMOUSLY to reappoint Colin J. Tarrant and appoint Clark Hipp to the New Hanover County Planning Board to serve three-year terms with the terms to expire on July 31, 2025. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, JULY 11, 2022 PAGE 498 PUBLIC COMMENTS ON NON-AGENDA ITEMS Chair Olson-Boseman stated that three people signed up to speak on non-agenda items and invited the speakers to provide remarks. Katie Gates, resident of Gatlin Way, stated that Constitution Day will be celebrated in downtown th Wilmington on Saturday, September 17. A small grassroots group of citizens have organized a small event downtown and will bring awareness about the Constitution and its content through musical and theatrical entertainment and displays like the Freedom Wall, hand out nonpolitical and nonpartisan fun fact information flyers, and are working in collaboration with the American Craft Walk. There is a 2004 statute designating Constitution Day as a federal holiday and carries a congressional mandate. Most people are not aware of the designation and it requires that each school receiving federal funds hold an educational program for the students about the U.S. Constitution. The Board is asked to help support the event and are welcome to add quotes to the freedom wall. Richardo Jensen, resident of South Fourth Street and representative of Moms Demand Action, stated that today President Biden signed into law the Bipartisan Safer Communities Act. The act includes changes in the laws for firearm dealers and those who engage in the firearms business. The new language stated that a dealer is now someone who predominately earns a profit from firearm sales rather than being previously recognized as those who sold firearms with the principal objective of livelihood and profit. This change in the law may affect how the County issues gun show permits going forward such as ensuring that permittees and firearm dealers are meeting the requirement to show additional efforts in selling firearms in accordance with federal law. Paul Lawler, resident of Walnut Street, stated that the people in this County need more options to move around the area. The addition of walking trails, bike trails, and addressing the growth of train traffic in the City of Wilmington and ensuring an adequate bus system are all steps to meet the local need. He expressed appreciation to the Board for its willingness to give voters the option to decide on the dedication of funds to provide for the mobility needs ahead of the challenges before they arrive. A quarter cent sales tax on a $100 purchase goes a long way to help meet the County needs. ADDITIONAL AGENDA ITEMS OF BUSINESS There were no additional agenda items of business. ADJOURNMENT There being no further business, Chair Olson-Boseman adjourned the meeting at 6:00 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.