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2023-02-06 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, FEBRUARY 6, 2023 PAGE 634 ASSEMBLY The New Hanover County Board of Commissioners met February 6, 2023, at 4:00 p.m. in Regular Session in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present: Chair Bill Rivenbark; Vice-Chair LeAnn Pierce; Commissioner Jonathan Barfield, Jr.; Commissioner Deb Hays; 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 Nigel Smith, Fifth Avenue Baptist Church provided the invocation and Vice-Chair LeAnn Pierce led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chair Rivenbark 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 Regular Meeting held on January 23, 2023. First Reading: Approval of Solid Waste Franchise Agreement for Weis Waste, LLC dba Bin There Dump That – County Attorney The Commissioners approved the first reading of the Solid Waste Franchise Agreement for Weis Waste, LLC dba Bin There Dump That. A second reading is required. Approval of Reallocation of Capital Fund Expenditures for New Hanover County Schools -– Finance The Commissioners approved the following reallocation of New Hanover County Schools capital project funds in two areas, with no change in total capital outlay:  2014 - $160 Million School Bond for Capital Projects: Transfer $280,152.65 of remaining funds from six projects funded by the 2014 bond issuance that were completed under-budget to provide additional funding of salaries and benefits through June 30, 2024 for the two employees hired to administer the capital projects associated with the bond issuance. The remaining unfinished projects associated with the 2014 bond issuance will be completed by June 30, 2024. At the end of the funding, decisions will be made regarding the two positions.  Annual County Capital Appropriation: Transfer $85,000 from two roof replacement projects that were completed under-budget to fund the purchase of a HVAC Master System that will allow maintenance personnel to monitor performance of all HVAC units from a single location. Approval of Order for Advertisement of 2022 Unpaid Tax Liens on Real Property – Tax The Commissioners approved the order for the advertisement of 2022 unpaid tax liens on real property per North Carolina General Statutes (NCGS) 105- 369(a) and (b1). Advertisements of tax liens shall be made during the period of March 1 through June 30. REGULAR ITEMS OF BUSINESS CONTINUANCE OF QUASI-JUDICIAL HEARING FOR A SPECIAL USE PERMIT (S22-03) BY THOMAS JOHNSON WITH SKYWAY TOWERS, APPLICANT, ON BEHALF OF KENNETH AND ELOISE PARKER, PROPERTY OWNERS, FOR A SPECIAL USE PERMIT FOR A WIRELESS SUPPORT STRUCTURE TO BE LOCATED ON AN APPROXIMATELY 4.28 ACRE PARCEL EAST OF THE INTERSECTION OF PLANTATION ROAD AND MILITARY CUTOFF EXTENSION WHICH IS CURRENTLY ZONED R-15, RESIDENTIAL Chair Rivenbark requested that Kelly Hanley, attorney with Williams Mullen and representing the applicant, Skyway Towers, present the continuance request. Ms. Hanley stated that a continuance of the public hearing for special use permit S22-03 is being requested due to a key witness for the applicant being ill. Hearing no further discussion, Chair Rivenbark asked for Board direction. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Hays to approve the request to continue the quasi-judicial hearing for a special use permit (S22-03) by Thomas Johnson with Skyway Towers, applicant, on behalf of Kenneth and Eloise Parker, property owners, for a special use permit for a wireless support structure to be located on an approximately 4.28 acre parcel east of the intersection of Plantation Road and Military Cutoff Extension which is currently zoned R-15, Residential to the March 6, 2023 meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, FEBRUARY 6, 2023 PAGE 635 APPOINTMENT OF MORGHAN GETTY COLLINS AS THE NEW HANOVER COUNTY REGISTER OF DEEDS AND ADMINISTRATION OF OATH OF OFFICE Chair Rivenbark stated that the Register of Deeds was vacated by resignation effective January 1, 2023. The New Hanover County Republican Party nominated Morghan Getty Collins to complete the unexpired term. The Board must set the initial salary as the elected official position itself is not part of the County’s adopted pay plan. Hearing no further discussion, Chair Rivenbark asked for Board direction. Motion: Commissioner Hays MOVED, SECONDED by Commissioner Zapple to appoint Morghan Getty Collins as the New Hanover County Register of Deeds for the unexpired term and set the initial salary at $95,000. Upon vote, the MOTION CARRIED UNANIMOUSLY. Clerk to the Board Crowell administered the Oath of Office to Ms. Getty-Collins. A copy of the Oath of Office is hereby incorporated as a part of the minutes and is contained in Exhibit Book XLIX, Page 3.1. SECOND READING: CONSIDERATION AND ADOPTION OF AMENDMENT TO NEW HANOVER COUNTY CODE OF ORDINANCES CHAPTER 38 Chair Rivenbark asked for a motion to adopt amendment to the New Hanover County Code of Ordinances Chapter 38. Motion: Commissioner Hays MOVED, SECONDED by Commissioner Zapple to adopt the amendment to New Hanover County Code of Ordinances Chapter 38 as presented. Upon vote, the MOTION PASSED 4 TO 1, Commissioner Barfield dissenting. A copy of the ordinance amendment is hereby incorporated as part of the minutes and contained in Exhibit Book XLIX, Page 3.2. CONSIDERATION AND ADOPTION OF HEART HEALTH AWARENESS MONTH PROCLAMATION Commissioner Barfield read the proclamation into the record, recognizing February 2023 as Heart Health Awareness Month in New Hanover County. Hearing no further discussion, Chair Rivenbark asked for direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Hays to adopt the proclamation recognizing February 2023 as Heart Health Awareness Month in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Interim Public Health Director Jonathan Campbell expressed appreciation to the Board for adopting the proclamation. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XLIX, Page 3.3. CONSIDERATION AND ACCEPTANCE OF AN OFFER TO PURCHASE 6.25 ACRES IN THE BLUE CLAY BUSINESS PARK AND ASSOCIATED UPSET BID PROCESS Wilmington Business Development Chief Executive Officer Scott Satterfield presented the request for the Board to accept an offer from LAS Properties, LLC, an affiliate of Francini Inc., for the purchase of approximately 6.25 aces in the Blue Clay Business Park, along with a four year option to purchase an additional approximate 7.06 acres at the same price per acre. The property, along with the additional property, is subject to the covenants placed on the business park property including limitations on the beginning and completion of construction and improvements to the property. The offer price for the property, including the additional property, is $40,000 per acre. For the initial 6.25 acres, that price is $250,000. Mr. Satterfield provided an overview of the property noting that this would be the first tenant in the Blue Clay Business Park. LAS Properties, LLC is a leading importer and distributor of natural and engineered stone products. The company is based out of southern California and has a presence in Wilmington, North Carolina. If approved, the company would be able to add additional capacity further supporting the market. The company expects to invest over $10 million in phase one of the project which includes building a 100,000 square foot facility for its import warehouse distribution as well as a showroom. The water and sewer infrastructure are expected to be completed by the fourth quarter of 2023 and the project is contingent on the infrastructure being established as noted in the contract. In response to Board questions, Mr. Satterfield stated that the company’s plan is to purchase the additional parcel within the four-year time frame, but the decision will be market-driven. The company feels confident it can be achieved in the prescribed timeframe. Once the site is under contract there will be a 90-day due diligence. The completion of the water and sewer infrastructure to the site is the most critical component for the parcel being discussed as well as the entirety of the Blue Clay Business Park. The park’s proximity to Interstate 40 and having the railroad component on the backside of the property are other key features of the park. There is close to 90 acres left in the park without the subject property. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, FEBRUARY 6, 2023 PAGE 636 Hearing no further discussion, Chair Rivenbark asked for direction from the Board. Motion: Commissioner Hays MOVED, SECONDED by Commissioner Zapple to accept LAS Properties, LLC's offer, subject to the upset bid process, to purchase the initial approximate 6.25 acres for $40,000 per acre (for a total of 250,000), with a four-year option to purchase an additional 7.06 acres at the same price of $40,000 per acre; authorize staff to initiate and complete the upset bid process in accordance with NC General Statutes; and authorize the county manager and the county attorney to prepare and execute all necessary documents to transfer ownership of the approximate 6.25 acres to the highest bidder, at a minimum price of $40,000 per acre, with a four-year option to purchase an additional 7.06 acres at a minimum price of $40,000 per acre. Upon vote, the MOTION CARRIED UNANIMOUSLY. REGULAR AGENDA ITEM 9: RE-APPROVAL OF PURCHASE OF PROPERTY LOCATED AT 319 NORTH THIRD STREET FOR CAPE FEAR COMMUNITY COLLEGE NURSING PROGRAM - WITH PARKING SPACE LEASE WAS REMOVED FROM THE FEBRUARY 6, 2023 AGENDA CONSIDERATION AND ADOPTION OF A RESOLUTION OF SUPPORT FOR A NC SHALLOW DRAFT INLET GRANT APPLICATION FOR THE 2023/2024 MASON INLET MAINTENANCE DREDGING EVENT Shoreline Protection Coordinator Layton Bedsole stated the Board is being asked to adopt a resolution expressing its support of the submission of a North Carolina Shallow Draft Inlet (SDI) Grant application through the North Carolina Division of Water Resources for the 2023/2024 Mason Inlet maintenance dredging event. The potential cost shares are estimated at $8.1 million (SDI Grant at 75%) and $2.7 million (Mason Inlet Preservation Group \[MIPG\] at 25%) totaling $10.8 million. In response to Board questions, Mr. Bedsole stated that if the County is awarded the grant no additional funding will be needed. The room occupancy tax will cover the MIPG share with reimbursement through the MIPG’s five-year assessments. The maintenance event’s targeted construction completion date is March 31, 2024. Hearing no further discussion, Chair Rivenbark asked for direction from the Board. Motion: Commissioner Zapple MOVED, SECONDED by Commissioner Hays to adopt the resolution supporting the North Carolina Shallow Draft Inlet Grant application for the 2023/2024 Mason Inlet maintenance dredging event in the amount of $8.1 million. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as part of the minutes and contained in Exhibit Book XLIX, Page 3.4. PUBLIC HEARING AND APPROVAL OF A REZONING REQUEST (Z22-25) BY CINDEE WOLF WITH DESIGN SOLUTIONS, APPLICANT, ON BEHALF OF WILLIE MOORE, JR. AND JOYCE RUFFIN, PROPERTY OWNERS, TO REZONE TWO PARCELS TOTALING APPROXIMATELY 4.65 ACRES OF LAND LOCATED AT 2700 AND 2707 OLD WRIGHTSBORO ROAD FROM AR, AIRPORT RESIDENTIAL, TO (CZD) AC, CONDITIONAL AIRPORT COMMERCE FOR AN OFFICE AND WAREHOUSES Current Planner Zach Dickerson presented the rezoning request stating the subject site is located on the eastern side of Old Wrightsboro Road and is bounded to the west by said road. There is currently a house on the subject site. The surrounding area to the south and east is primarily residential. Commercial development is located to the north and west of the subject site. The applicant is proposing to construct three buildings, one flex space and two self-storage facilities. The concept plan includes a fenced buffer where the subject site is adjacent to residential zoning. Under the proposed Airport Commerce zoning district, buildings may be no higher than 35-feet without a Federal Aviation Administration (FAA) determination of “no hazard.” The buildings shown on the concept plan are each a maximum height of one story at 18-feet and the applicant has provided a narrative that there are no specimen trees on-site. The applicant has proposed a condition that would limit the permitted uses of the commercial development to be compatible with the existing surrounding uses. Access to the subject site is proposed to be from Old Wrightsboro Road which is a North Carolina Department of Transportation (NCDOT) maintained secondary road. There will be full access movement for ingress and egress. The estimated traffic generated from the site is under the 100 per peak hour threshold that triggers the ordinance requirement for a Traffic Impact Analysis (TIA). There is one project in the vicinity with an approved TIA, the details of which can be found in the staff report in the agenda packet. Mr. Dickerson provided an overview of the nearby area residential developments and what projects remain to be built out. Mr. Dickerson stated that while much of the area to the east and south is residential, many of the surrounding properties to the north and west are used for commercial purposes and are zoned Airport Commerce. The Airport Residential district requires low density residential development intended to reduce conflicts with the nearby airport use, while the Airport Commerce district encourages lower intensity commercial uses compatible with the airport. The subject site is also located near the Wrightsboro Commercial Node. Nearby commercial uses are low-intensity warehouses, equipment rental, equipment suppliers, and auto repair and supply. The 2016 Comprehensive Land Use Plan (Comprehensive Plan) classifies the area as Employment Center. The proposed project is generally consistent with the Comprehensive Plan’s recommendations for the Employment Center place type. The Planning Board considered the request at its January 5, 2023 meeting and voted (5-2) to recommend approval of the proposed petition with the two conditions proposed by the applicant for compatibility with the surrounding area: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, FEBRUARY 6, 2023 PAGE 637 1. In addition to acknowledging all of the prescribed standards for the Airport Commerce (AC) district, addressing access, lighting, radio and electronic devices, and visual hazards, the developer will limit the proposed uses to: a. Animal Grooming b. Mini-Warehousing c. General Office d. Personal Services e. Business Services f. Contractor Office (with no outdoor storage) g. Instructional Studios h. Retail Sales 2. No outdoor RV or boat trailer storage is permitted. Mr. Dickerson concluded the staff presentation stating that staff concurs with the Planning Board’s recommendation. The County received 34 opposition letters that citied concerns about impacts to adjacent residential properties and stormwater. If approved, the project would be subject to Technical Review Committee (TRC) and zoning compliance review processes to ensure full compliance with all ordinance requirements. In response to Board questions, Ms. Roth stated that over the past several years there have been more requests received where the project is near residential. For these type requests, staff tries to ensure standards are in place requiring the additional buffering adjacent to residential areas. It is a judgement call as to whether Old Wrightsboro Road is considered residential or not as there are similar uses across the street and immediately before the residential properties. The commercial component has not extended as far south and to the east until now. There are similar projects in the vicinity that are touching the subject site and the proposed project is on one of the major roadway corridors. It is her understanding that Old Wrightsboro Road is a NCDOT maintained road and NCDOT will be responsible to maintenance. In response to Board questions, Mr. Dickerson confirmed that all the buildings directly across the street are commercial. To the west is all commercial and the residential areas are primarily to the south and east. For most properties that front Old Wrightsboro Road, the access points are on said road and when turning right, those properties are accessed through Acorn Branch Road. Chair Rivenbark thanked Mr. Dickerson for the presentation and invited the applicant to make remarks. Cindee Wolf with Design Solutions, representing property owners Willie Moore, Jr., and Joyce Ruffin, stated the subject property must go through the rezoning process to gain the entitlement necessary for a new use to proceed. The Moore family has consistently owned the subject properties since prior to the 1960s. Most rezonings are now from residential to commercial and hence, they are adjacent to residential communities. A good portion of the area along the Kerr Avenue and Blue Clay Road corridors and extending down Old Wrightsboro Road at the intersection with the railroad crossing have more industrial type uses permitted in the industrial and airport commerce districts. The proposed project extends the current (CZD) AC, Conditional Airport Commerce boundary a bit further to where it already exists on the other side of the road. The entire area is in the proximity of the fast growing airport and was assigned as Employment Center place type based upon the premise that the airport is a key economic engine for the County’s future as well as a significant regional asset. Locating complementary uses in the surrounding areas is an important strategy for the future benefit and success of the airport. Ms. Wolf provided an overview of the proposed project layout noting that there is similar flex space being built immediately across from the subject site. As that site was already zoned for commercial it did not need to go through the rezoning process. The flex space use for the proposed project will be in the southwest corner of the site to keep the less intense climate controlled storage and the pond to the east, where they are in closer proximity to the existing residences. All the buildings are single story with a maximum height of 18-feet. Existing vegetation, fences, and supplemental plantings will be used to buffer around the project boundaries adjacent to the residential district. Overall aesthetics are always improved by street yard, foundation, and interior shade plantings throughout a project. The subject site does have public sewer and the developer has discussed with Cape Fear Public Utility Authority (CFPUA) about partnering to extend the public water main from the Kerr Avenue intersection to the site, which will ultimately benefit the extended community. The groundwater issues in the neighborhoods that have occurred over the years have been identified. The proposed drainage system in the area will benefit from the dedication of public easements and improvements as required by the current regulations. Before the first shovel can be applied to construction, all state and county stormwater permitting must be issued. Before the first business can be opened for occupancy, the completed pond must be certified, and part of that process is a detailed design of the outlet and review of downstream drainage patterns. Miscomprehension over those extensive regulations and requirements are often the basis for opposition to new land uses and overall development. The pre-/post-rules were created with the specific intent that new development does not have an adverse effect on surrounding property and sometimes actually mitigates existing issues. Ms. Wolf concluded the applicant presentation stating that the County’s policies for growth and development encourage continued efforts to attract new business. Sustainability of the County depends on sensible infill and maximizing use of lands. The purpose of a conditional district is to ensure that new development will NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, FEBRUARY 6, 2023 PAGE 638 conform to the County's adopted plans and appropriately address any potential impacts to surrounding properties. It is believed that the proposed plan provides the needed mitigations. The subject site's location near the major arterial roads of Kerr Avenue and Castle Hayne Road is important. The proposed land use and limitations are very low trip generators in relation to Old Wrightsboro Road. It is understood that areas beyond the subject site along the Old Wrightsboro Road - Acorn Branch Road corridor and the area along the back of Kerr Avenue have been old family properties. The subject site has also been old family property. The airport commerce park once referred to as the airport industrial district, has surrounded the neighborhood ever since zoning was applied, and there has been no evidence of past depreciation of residential property values over the years because of it. Her other client is the potential developer, Emily Fischer, who is focused on rejoining the community by locating her professional offices in the new flex building. She has been very involved in the entire project. The property owners, Ms. Fischer, and she hope the Board will concur with staff and the Planning Board that the petition is consistent and in the public interest and grant approval. In response to Board questions, Ms. Roth stated there are specific standards associated with the Airport Commerce district and there are also specific standards for lighting associated with a commercial project in proximity to residential districts. Additional lighting standards were put in the Unified Development Ordinance (UDO) that come into play regardless of whether it is a conditional district or something by-right whenever it is adjacent to a residential neighborhood. There is a height limit as to how tall the fixtures can be and there is also a requirement that the light shine downward and not outward. As to mitigating light intrusion on the residential properties near the proposed project’s stormwater pond, it would depend on how far the light fixture is from the adjacent property. There are buffering standards in place and the TRC will review the landscape and lighting plans to ensure that the plans meet those standards. In response to Board questions, Ms. Wolf stated that the residence near the stormwater pond appears to be about 20- to 25-feet off the property boundary. The proposed plan is required to have an approximately 70-foot building setback and there would be fencing. There is about 20-feet of pavement, and the actual buffer is at least 30-feet. There will be no warehousing, outside RV or boat storage and contractor offices cannot have outdoor storage materials. As far as lighting, in this specific situation, it is all interior climate controlled storage, so the lighting does not provide security for a large parking lot but will mostly be at all the entry doors going around the building. The structures are fully internal and there will not be outdoor garage style doors like the ones used by older storage unit facilities. With the building being fully internal there are better aesthetics, noise reduction, and no need for large light standards in between the aisles. The hours of operation of the flex space are generally the customary office hours, and in this case are 6:00 a.m. to 8:00 p.m. There has not been much discussion about the storage hours, but her client is willing to have that conditioned if necessary. Generally, that storage hours would be 6:00 a.m. to 10:00 p.m. What is being constructed directly across the street is all proposed flex space and is being built by-right. Chair Rivenbark announced that no signed up to speak in favor and three people signed up to speak in opposition to the request. He invited the opposition speakers to make their remarks. Elijah Boney, resident of Acorn Branch Road, spoke in opposition to the request stating that he and his neighbors are opposed to the zoning changes and retention ponds that will affect the families and neighbors near the subject site. It is felt the rezoning request violates the zoning ordinance. If approved the residences in the area will have lower property values, higher taxes, traffic, flooding, and various unsafe environmental conditions. He asked that the Board deny the rezoning request. Richard Nixon, resident of Old Wrightsboro Road, spoke in opposition to the request stating that his house is adjacent to the pond that is being referred to and the buffer is the vegetation to keep from flooding. The ditches in the area are antiquated and the drains are too small at 12-inches so rushing water will not flow through the drains and there will be overflow. The noise from people frequenting the site will be clearly heard by him. The proposed rezoning will also increase the traffic issues as it is already difficult to traverse the roads in the neighborhood due to the current traffic level. He asked that the Board not approve the rezoning request. Mary Nixon, resident of Cardiff Road, spoke in opposition to the request stating that the community is well established, and the proposed rezoning will have a detrimental effect on the community. She expressed concerns about safety as the community is already calling law enforcement to address issues that are occurring at the buildings in the area. Also, there is no community center nor a truly safe recreation area for children to play due to the current traffic levels. After storms, her community is one of the last to get reconnected to services. The noise level will increase as well as the traffic if the rezoning request is approved. Residential values will decrease, and accidents will increase. She asked that the Board not approve the rezoning request. Chair Rivenbark stated that the applicant and opposition speakers would each have five minutes to provide rebuttal remarks. In applicant rebuttal, Ms. Wolf stated the uses that are being proposed have historically already been located around the area of the subject site for years. Everything around the subject site on the other three sides is like what is being proposed and not any different beyond just moving towards the neighborhood. In terms of what the airport desires, more residential is generally deterred due to safety concerns of being closer to the airport due to complaint issues with airport noise. The pre-/post-stormwater regulations are specifically to control water from rushing off a new site development. The proposed use has an extremely low trip generation. Most of the traffic will tend to take a right and go up to the main intersection of Kerr Avenue and Blue Clay Road and off to Castle Hayne NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, FEBRUARY 6, 2023 PAGE 639 Road. It was logical for the layout of the project with the interior climate control building and the pond to be sited at the end closest to the residential zoning district on Old Wrightsboro Road. It is fully believed that the required buffering will mitigate the impacts the neighbors are concerned about in terms of noise and views. There are already ditches and the pond will be maintained to minimize further effects of mosquitoes and wildlife. In response to Board questions, Ms. Wolfe stated that her client would not entertain restricting the operating hours to be 6:00 a.m. to 8:00 p.m. It is customary for these type uses in other cities and communities she has worked with to have the operating hours of 6:00 a.m. to 10:00 p.m. and that is what her client will commit to. As to stormwater concerns, she would defer to County Engineer Jim Iannucci, but her client will be required to hold all the water that is currently coming off the site if the rezoning request is approved and the project is constructed. During the design and permitting phase downstream restrictions and drainage patterns must be reviewed per the County's new drainage policies. Again, the proposed project does not make the issue any worse because the project must attenuate the same amount of water that is there today. Mr. Iannucci stated if the site is redeveloped either for commercial or residential use, drainage control will have to be analyzed to know how much water is currently leaving the site in the predevelopment/undeveloped condition and then look at what the conditions are after fully developed. The difference between the two is what must be controlled to a state required 25-year storm which is eight to nine inches of rain in a 24-hour period. New development must meet ordinance requirements and the developer is required to complete the downstream analysis of the conditions for Stormwater Services. Staff has been out to the area and documented the issues and applied for funding grants to use towards addressing them. Prince George Creek is one of the first areas Stormwater Services wants focus on and work has started in the area. The ordinance requires not only for a developer to control that 25-year storm, but they must also analyze the 100-year storm, so it is known what is being proposed will not flood itself, as well as structures in the area. If there are improvements to be made, the work would have to be put on the list to be done. He sits on the TRC and confirmed that the design would be analyzed and then during that design phase, the developer would have to do the required forms of analysis to ensure that project does not impact the community. In response to additional Board questions, Mr. Iannucci confirmed that it was correct that if the rezoning request were to be approved the developer cannot create any stormwater runoff beyond what is currently on the site. Adding impervious surface will make the runoff move faster and it must be captured which is why the pond will be there and it would have to be released into in an approved outlet, which would be the existing ditch. Again, it cannot increase the flow on any given day. As to the drainage line that has been reported as too small, it will have to be identified, and put on the prioritized list of where Stormwater Services is working in the County. Areas specifically around Acorn Branch Road have been identified that need capacity improvements and maintenance. Discussion ensued about the proposed location of the stormwater pond behind an existing residential home(s), maintenance, and general impacts. Mr. Iannucci stated this county is one of 20 coastal counties where ponds must meet all the state requirements. Developers are cautioned even during the TRC process to think about the stormwater location and to have a stormwater feature, it must go to an outlet, and then drain into a ditch without flowing across the property and causing a problem to other properties. The lay of the land is going to dictate where it needs to be installed. The added layer is Stormwater Services’ work to maintain and clear the outlets where they flow across from property to property, all the way to the major water bodies. As to how often a stormwater pond has been placed behind an existing residence, Mr. Iannucci stated that the stormwater pond must be in the direction of the water flow, particularly if it is a NCDOT road. NCDOT is not going to allow the shifting of a drainage basin from one direction to another. It must flow in the natural direction. There are existing stormwater ponds that abut residences in the County and that is where buffering, either fencing or vegetation, is really encouraged. Developers are cautioned about the need to allow room for vegetative buffers and there also must be 10-feet of access around the top of the stormwater pond for maintenance. Even if the subject site were developed for residences, the proposed location is probably where the stormwater pond would be installed. In response to Board questions, Mr. Iannucci confirmed that the area does have larger than eight to nine inch rain events. Stormwater pond sizes are based on the probabilities of how long over a week’s time it takes for water to be drawn down. He explained how the emergency outflows operate when 25-year stormwater ponds take in 12-inches or more of rain. Even if the subject site was not developed and it received 10- to 12- inches of rain there will be flooding. These type issues are why his department has submitted for funding via infrastructure grants and other similar grants to start doing watershed basin-wide planning for the communities that have these issues. It takes time to study and properly do the work. As to if a 50-year stormwater pond would be better, he reiterated that it comes down to probability and how often that will occur. Further discussion ensued about the capacity of the Stormwater Services staff to make the needed improvements and how projects are put on the prioritization list. In response to Board questions, Mr. Iannucci stated he is not familiar with the very large pond in the vicinity of the area of the subject site. Based on the discussion, staff will develop some solutions that address the Board’s concerns about stormwater for its consideration. He does not know the specifics of the 12-inch drainpipe but will follow-up to learn more. In opposition rebuttal, Mr. Boney stated that the large pond in the Wrightsboro area is for the industrial park on Kerr Avenue. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, FEBRUARY 6, 2023 PAGE 640 Ms. Miller, resident of Acorn Branch Road, stated that her home flooded during Hurricane Floyd due to the ditches not being maintained. She expressed concerns about nothing being done in the Wrightsboro community to improve drainage issues. The ditches are not deep enough and need to be made deeper to improve the water flow. If the Board does approve the rezoning request, she wants her property rezoned to commercial because no one will want to buy the house with a commercial business next door. Chair Rivenbark closed the public hearing and opened the floor to Board discussion. In response to Board questions, Mr. Dickerson stated that the current zoning would support four houses per the minimum lot size requirement in the Airport Residential district. In response to Board questions, County Manager Coudriet stated that to attach a condition of a 50-year stormwater retention pond the applicant would have to agree to it. Deputy County Attorney Sharon Huffman confirmed that Mr. Coudriet’s response was correct and if the applicant chose not to agree the Board’s option would be to not approve the rezoning request. In response to Board questions, Ms. Wolf stated that requiring her client to build a 50-year stormwater retention pond becomes a question of fairness and her client would decline to build it. She and her client are working within the established criteria. There are issues in the neighborhood and the referenced 12-inch pipe is under Acorn Branch Road, which is 500-feet away from where the proposed development pond would outlet. The proposed pond has not been designed yet for the 25-year storm and its sufficiency is unknown. The subject site is not in a floodplain and there are issues. People did not understand, prior to two years ago, that it was their responsibility to clean out their own ditches. Certainly, NCDOT has a responsibility to do it, but it is known that is an issue by itself. She and her client believe the proposed project is well-designed, mitigates the impacts of that section of the parcel jutting into the more residential neighborhood, and have committed to additional conditions mitigating any impacts. She and her client believe they meet the criteria that everyone else in the County meets now. Discussion ensued regarding the impervious coverage shown in the proposed project layout and how the difference from the current conditions and changes may impact the surrounding neighbors. County Manager Coudriet stated that there are examples of where the Board has attached conditions that are above the 25-year storm retention standard that have been agreed to by the applicant. Ms. Wolf stated that those instances have occurred seldomly in her experience. Again, as the subject site is not in a floodplain, it is not fair for a condition to have a 50-year storm attached to the proposed project. The flooding that is occurring is from projects along Kerr Avenue and other projects within the area that had no stormwater management as they were built prior the regulations being put in place. The fairness is in the rules and regulations that have been established. Everything is being done, more than in the past, to protect the public with the regulations put in place. Further discussion ensued regarding the state requirement of designing a stormwater retention pond to a 25-year storm. In response to Board questions, Mr. Iannucci stated that the North Kerr Industrial Park developers created a regional system in 2007/2008. They developed and put in 25-year ponds for the entire industrial park and as an individual business came in, they had capacity into that pond. If it was outside that footprint such as when FedEx came, they had to build their own pond. The benefit of that was planning all of it out ahead of time so that when new businesses came in, they must apply for their own stormwater permit. They must permit their own site to their pipes and everything else is sized for that, but the capacity is already built. It was developed that way so building could take place in a series of phases. The industrial park is in the process of building that out now, but it has benefits and it is known where the drainage is going to go. In response to Board questions, Ms. Wolf stated that her client would agree to operating hours of 6:00 a.m. to 10:00 p.m. but would not agree to increasing the size of the retention pond. However, she discussed with her client about offering $5,000 to be put towards upsizing the pipe under Acorn Branch Road. While not enough to upsize a 12-inch culvert into a larger culvert, there would have to be cooperative effort on the part of the County for those funds to be used towards grants for those types of upgrades. The hope is that if an individual developer puts additional money towards it, perhaps the priority would increase. Hearing no further discussion, Chair Rivenbark asked Ms. Wolf if based on the Board discussion and items presented during the public hearing, would she like to withdraw the petition or proceed with the vote. Ms. Wolf responded that she wanted to proceed with the vote agreeing to the conditions that are stated in the petition in addition to limiting the hours of operation to 6:00 a.m. to 10:00 p.m. and to contribute $5,000 to downstream drainage improvements identified during the downstream analysis required by County Engineering. Chair Rivenbark asked for direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Chair Rivenbark, to deny the proposed rezoning. While 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 Employment Center and provides for the types of uses recommended by that place type, the Board finds denial of the rezoning request is reasonable and in the public interest because it is not consistent with the desired character of the surrounding community and will adversely impact the adjacent neighborhood. Upon vote, the MOTION FAILED 2 TO 3, Vice-Chair Pierce, Commissioner Hays, and Commissioner Zapple dissenting. Chair Rivenbark asked if there was a motion to approve the rezoning request. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, FEBRUARY 6, 2023 PAGE 641 Motion: Commissioner Hays MOVED, SECONDED by Commissioner Zapple to approve the proposed rezoning as the Board finds it be consistent with the purposes and intent of the Comprehensive Plan because it is located in an area designated as Employment Center and provides for the types of uses recommended by that place type. The Board also finds recommending approval of the rezoning request is reasonable and in the public interest because the project will provide area-serving commercial development that is compatible with its proximity to a commercial node and the Wilmington International Airport. The following proposed conditions are included as part of the approval: 1. In addition to acknowledging all of the prescribed standards for the Airport Commerce (AC) district, addressing access, lighting, radio and electronic devices, and visual hazards, the developer will limit the proposed uses to: a. Animal Grooming b. Mini-Warehousing c. General Office d. Personal Services e. Business Services f. Contractor Office (with no outdoor storage) g. Instructional Studios h. Retail Sales 2. No outdoor RV or boat trailer storage is permitted. 3. Hours of operation will be 6:00 a.m. to 10:00 p.m. 4. The applicant will contribute $5,000 to downstream drainage improvements identified during the downstream analysis required by County Engineering. In response to Board questions, Mr. Iannucci stated that typically when there is grant money, other funding, or if NCDOT is participating it does move a project up on the priority list because there is participation. Stormwater Services will have to look at if the downstream can manage the improvement if the current drainage pipe size is increased to make sure it will not cause an issue to someone downstream. NCDOT is not going to upsize a culvert under a state maintained road if the County’s drainage system cannot manage the flow coming downstream. Hearing no further discussion, Chair Rivenbark asked for a vote on the motion on the floor. Upon vote, the MOTION PASSED 3 TO 2, Chair Rivenbark and Commissioner Barfield dissenting. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA AIRPORT OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED October 4, 1976 is hereby incorporated as part of the minutes and is contained in Zoning Book II, Section AIRPORT, Page 23. PUBLIC HEARING AND APPROVAL OF A REZONING REQUEST (Z22-26) BY CINDEE WOLF WITH DESIGN SOLUTIONS, APPLICANT, ON BEHALF OF PAUL AND JANE CHAUCER, PROPERTY OWNERS, TO REZONE ONE PARCEL TOTALING 0.362 ACRES OF LAND LOCATED AT 2626 CASTLE HAYNE ROAD FROM R-20, RESIDENTIAL TO CZD CB, COMMUNITY BUSINESS TO CONVERT AN EXISTING SINGLE-FAMILY HOME FOR RETAIL AND OFFICE USE Current Planner Julian Griffee presented the rezoning request stating the immediate surrounding area is zoned R-20 Residential to the north and east, B-2 and O&I across Castle Hayne Road, and (CZD) B-1 to the south. The subject site contains one single-family dwelling, and single-family residential abuts the subject site to the north and east, a vacant structure and a commercial business exists across the roadway, and a vacant parcel exists to the south. Castle Hayne Road is an NCDOT minor arterial road. The proposed conceptual site plan outlines the existing single- family dwelling and a 550 square foot accessory structure behind the residence. The applicant proposes to limit future uses to offices for private business and professional services, personal services (general, excluding tattoo parlor), instructional services and studios, and retail sales (general). He provided an overview of the current conditions of and around the subject site. Mr. Griffee stated the proposed development is estimated to generate more trips than a single-family dwelling, depending on the type of use established. He reviewed the possible uses with associated estimated peak hour trips noting that the uses are based off the approximate square footage of the existing single-family dwelling. If the accessory structure were to be used as commercial space, the trips are estimated to be nearly the same. There is one TIA and one State Transportation Improvement Project (STIP) within the general vicinity of the project, the details of which have been provided in the staff report included in the agenda packet. Mr. Griffee then provided an overview of nearby subdivisions currently under development, noting that none of the units have been constructed at this time. In terms of compatibility, there is existing residential and commercial zoning within the general vicinity of the subject site. The subject site abuts the Wrightsboro commercial node to the south and the established residential uses to the north and could serve as a transition between the areas. Given the surrounding conditions and anticipated STIP project, a single-family residence is less appropriate for the parcel than the proposed uses. The Comprehensive Plan classifies the area as Community Mixed Use, which recommends a mixture of uses that includes low to moderate intensity retail and services that can support nearby neighborhoods. The subject site is located along Castle Hayne Road, between established residential uses and the Wrightsboro commercial node where transitional commercial uses could be appropriate, and a gradual conversion of residential properties into NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, FEBRUARY 6, 2023 PAGE 642 commercial uses is anticipated along this corridor. The proposal is in line with the uses recommended within the Community Mixed Use place type. The Planning Board considered this application at its January 5, 2023 meeting and recommended approval of the petition (7-0) to include the applicant’s five proposed conditions: 1. Restricting the uses allowed within the district to allow for Business and Professional Offices, Instructional Services and Studios, Personal Services (General, excluding Tattoo Parlor), and Retail Sales (General). 2. The existing access drive to Castle Hayne Road will be upgraded to a commercial driveway with permitting by NCDOT. 3. Plantings will be installed along Castle Hayne Road frontage to meet current “street yard” landscape requirements. 4. Any free-standing sign(s) on the site shall be monument style with landscaping around the base of the sign. No pole signs shall be permitted. 5. Exterior lighting shall be controlled so that light spillage and glare is not directed at adjacent properties, neighboring areas, or motorists. Mr. Griffee concluded the staff presentation stating that staff concurs with the Planning Board’s recommendation for approval with the five proposed conditions, which address allowable uses, access, landscaping, signage, and lighting of the subject site. If approved, the project would be subject to Technical Review Committee and Zoning Compliance review processes to ensure full compliance with all ordinance requirements. Chair Rivenbark thanked Mr. Griffee for the presentation and invited the applicant to make remarks. Cindee Wolf with Design Solutions, representing Paul and Jane Chaucer, property owners, stated Castle Hayne Road has become busier over the years, and a commercial node has developed on all four corners of its intersection with Kerr Avenue, which is a short distance from the subject site. The adjacent property to the south is already zoned for business. The adaptive reuse of the subject site is an excellent solution to making it more feasible in its use. Lots with direct frontage along the highway are no longer attractive for classic single-family homes. Also, adaptive reuse of existing structures on busy roadways is occurring throughout the County with no evidence of adverse impacts to adjacent land or land values where properties are still being used residentially. The conditional zoning, designation, and requirements to bring redevelopment into conformance provides mitigation for any impacts. The property owner wants to operate an enterprise oriented towards women that provides art classes, perhaps sales of those crafts, educational seminars, group social gatherings, and well-being courses. The property is along the commercial corridor where there is good visibility and business activities are common. The existing access drive to Castle Hayne Road will be upgraded to a commercial driveway with permitting by NCDOT. Plantings will be installed along Castle Hayne Road frontage to meet current street yard landscape requirements. There is public water being utilized on the subject site and the property owner intends to connect to the public sewer main that runs along the street frontage. Most of the parking is oriented towards the rear of the structure to preserve the low key nature of the former house turned business and buffering will be provided along boundaries adjacent to the existing homes to provide screening and use separation. She and her client feel the proposed project is an adaptive reuse of an existing structure and the use is an acceptable transition between the busy roadway and the more established residences beyond. Chair Rivenbark announced that no one signed up to speak in favor nor in opposition to the request, closed the public hearing, and opened the floor to Board discussion. Hearing no further discussion, Chair Rivenbark asked Ms. Wolf if based on the Board discussion and items presented during the public hearing, would she like to withdraw the petition or proceed with the vote. Ms. Wolf responded that she wanted to proceed with the vote. Chair Rivenbark asked for direction from the Board. Motion: Commissioner Hays MOVED, SECONDED by Vice-Chair Pierce, to approve the proposed rezoning to a (CZD) CB district. The Board finds it to be consistent with the purposes and intent of the Comprehensive Plan because the project provides for the types of uses recommended in the Community Mixed Use place type. The Board also finds approval of the rezoning request is reasonable and in the public interest because the proposal allows service- oriented uses that could serve as an appropriate transition between existing residential uses and the Wrightsboro commercial node, the proposed use types allow for services that are relatively low traffic generators, and the proposal seeks to reduce traffic conflicts. The following conditions will also apply: 1. Restricting the uses allowed within the district to allow for Business and Professional Offices, Instructional Services and Studios, Personal Services (General, excluding Tattoo Parlor), and Retail Sales (General). 2. The existing access drive to Castle Hayne Road will be upgraded to a commercial driveway with permitting by NCDOT. 3. Plantings will be installed along Castle Hayne Road frontage to meet current “street yard” landscape requirements. 4. Any free-standing sign(s) on the site shall be monument style with landscaping around the base of the sign. No pole signs shall be permitted. 5. Exterior lighting shall be controlled so that light spillage and glare is not directed at adjacent properties, neighboring areas, or motorists. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, FEBRUARY 6, 2023 PAGE 643 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, 1972 is hereby incorporated as part of the minutes and is contained in Zoning Book II, Section 10A, Page 50. PUBLIC COMMENTS ON NON-AGENDA ITEMS Chair Rivenbark stated that two people signed up to speak on non-agenda items and invited the speakers to provide their remarks. Paul Spiers, resident of Carolyn Hill Road, stated that he lives off Sidbury Road and expressed his concerns about the amount of traffic that is now being seen on Sidbury Road. He explained that the unintended consequences of future development projects along Sidbury Road will lead to approximately 2,227 vehicles traversing a two-lane road. He would like for the Board to explore adding two on-ramps and two off-ramps to connect to the future Hampstead by-pass to help with the future vehicular increase along Sidbury Road. Timothy Brown, resident of Haskell Court, stated that he lives in the Jacob’s Ridge subdivision and shared his experience with the recent burning of the vegetation, trash, and garbage that was cleared from a 30-acre site for a future development on Lendire Road. The smoke from the burning has severely affected his and many others’ ability to breathe who live in the vicinity of the construction site. It is also taking place within 700-feet from businesses and residences. The city and beach towns do not allow construction site burns. He asked that the Board consider adopting an ordinance that prohibits construction burns in the unincorporated county. ADDITIONAL AGENDA ITEMS OF BUSINESS There were no additional agenda items of business. ADJOURNMENT There being no further business, Chair Rivenbark adjourned the meeting at 6:25 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.