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2023-04-03 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, APRIL 3, 2023 PAGE 704 ASSEMBLY The New Hanover County Board of Commissioners met April 3, 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.; 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 Commissioner Zapple led the audience in the Pledge of Allegiance to the Flag. RECOGNITION AND REMEMBRANCE OF COMMISSIONER DEB HAYS Chair Rivenbark led the audience in a moment of silence in memory of Commissioner Deb Hays who unexpectedly passed away on March 25, 2023. He then stated that the communications team put together a short video. Commissioner Barfield read the following prepared statement for Chair Rivenbark: This is incredibly hard and emotional, and it still does not seem possible or feel real. Deb did so much for this community and for all of us, and the Board will always be grateful for her passion, the care she showed to every person, and her friendship. We have really lost a good one, but the work she did in this community will live on. Chair Rivenbark invited the Commissioners to make remarks. Commissioner Zapple stated that it is always hard to lose someone you know but someone you work with, who you go toe to toe with, and who supports you despite what other minor political differences that there were. That was Deb. She was a first rate public servant, and he learned a lot from her. She was a wonderful comrade and always had an optimistic point of view no matter how deep in the weeds they would get. She was always there with him and ready to talk through whatever needed to be done. The Board and the entire community will miss her incredibly. Vice-Chair Pierce stated it is a difficult time for everyone and Deb was a wonderful person. As the newest Commissioner, Deb told her she was going to introduce her to everybody and take her everywhere. Deb wanted her to meet everyone and help her walk through it. Deb’s support and willingness to help her was important to her. She remembered their discussions during the campaign about what it would be like to serve together, and she wishes they had longer to serve together. She also knows Deb's true passion in life was serving the citizens of this County, she did it well, and with grace. All will miss Deb, but she knows Deb is in a better place today and is at the right hand of our Father because she believed the same way that many of us do. She lives in heaven today. She will always remember Deb with happiness and all the wonderful times that they all shared together. Commissioner Barfield stated that he is still trying to make sense of something that is hard to understand and comprehend, especially when you were just talking to someone one day and they are not with you the next. This is something that does not happen too often in public service. We oftentimes behind Deb's back would call her the mother hen. As he was going back through text messages from her, he saw that there were at least ten texts from her asking how he was doing, how his new grandbaby was doing. He noted how he got more questions from her about his health and how he was doing than he did from his own mom. He talked about how they served together for quite a while and that he was the president of the Cape Fear Board of Realtors in 2007 after she served in that capacity in 2006 and had served together in various leadership capacities since 2004. He knows that to be absent from the body is to be present with the Lord and that Deb is now in the presence of the Lord, with her father who was also a pastor, and asking all the questions that she wanted to ask. He does know that her focus, effort, attention, and love was with the daughter she had who was a miracle baby in her eyes as the doctors told her she would never be able to have children. Her grandchildren were like icing on the cake. Oftentimes, she would travel outside of Charlotte to be with her daughter and grandchildren on the weekends. They were really the love of her life. Deb will be missed, and he feels her presence beside him and knows that one day, they will see each other again. APPROVAL OF CONSENT AGENDA Chair Rivenbark requested a motion to approve the Consent Agenda as presented. Motion: Commissioner Zapple MOVED, SECONDED by Vice-Chair Pierce to approve the items on the Consent Agenda as presented. Upon vote, the MOTION PASSED 4 TO 0. CONSENT AGENDA Approval of Minutes – Governing Body The Commissioners approved the minutes of the Special Meeting held on March 14, 2023, Budget Work Session, Agenda Review, and Closed Session Meeting held on March 16, 2023, and Regular Meeting held on March 20, 2023. Adoption of Resolution Recognizing the Efforts of the Greater Wilmington Chamber of Commerce Education Foundation through the Leadership Wilmington Program – County Manager The Commissioners adopted a resolution recognizing the efforts of the Greater Wilmington Chamber of Commerce Education Foundation through the Leadership Wilmington program. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, APRIL 3, 2023 PAGE 705 A copy of resolution is hereby incorporated as part of the minutes and contained in Exhibit Book XLIX, Page 7.1. Approval of February 2023 Tax Collection Reports – Tax The Commissioners approved the February 2023 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 XLIX, Page 7.2. REGULAR ITEMS OF BUSINESS CONTINUANCE OF REZONING REQUEST (Z23-03) – REQUEST BY JAMES YOPP WITH RIVER ROAD CONSTRUCTION, LLC AND HOOSIER DADDY, LLC, APPLICANT AND PROPERTY OWNER, TO REZONE 29 PARCELS TOTALING APPROXIMATELY 42.10 ACRES OF LAND, INCLUDING 5741 CAROLINA BEACH ROAD AND 18 UNADDRESSED PARCELS ON SHILOH DRIVE NORTH OF MANASSAS DRIVE, FROM R-15, RESIDENTIAL TO (CZD) R-5, RESIDENTIAL MODERATE HIGH DENSITY FOR 10 SINGLE-FAMILY RESIDENTIAL LOTS AND 327 RESIDENTIAL TOWNHOMES WITH ASSOCIATED OPEN SPACE AND AMENITY CENTER Chair Rivenbark stated that the Board has received a request to continue Regular Agenda Item 8: Public Hearing for Rezoning Request (Z23-03) by James Yopp with River Road Construction, LLC and Hoosier Daddy, LLC, applicant and property owner, to rezone 29 parcels totaling approximately 42.10 acres of land, including 5741 Carolina Beach Road and 18 unaddressed parcels on Shiloh Drive north of Manassas Drive, from R-15, Residential to (CZD) R-5, Residential Moderate High Density for 10 single-family residential lots and 327 residential townhomes with associated open space and amenity center. He invited the applicant, James Yopp, to present his reason for the continuance request. Mr. Yopp stated that due to the unexpected passing of Commissioner Hays he would ask that his rezoning request be continued to the May 1, 2023 meeting and if someone is not seated to fill the vacancy, he would like to be able to continue it again. Chair Rivenbark opened the floor to Board discussion. Hearing no further discussion, Chair Rivenbark asked for Board direction. Motion: Commissioner Zapple MOVED, SECONDED by Commissioner Barfield to approve the request to continue rezoning request (Z23-03) by James Yopp with River Road Construction, LLC and Hoosier Daddy, LLC, applicant and property owner, to rezone 29 parcels totaling approximately 42.10 acres of land, including 5741 Carolina Beach Road and 18 unaddressed parcels on Shiloh Drive north of Manassas Drive, from R-15, Residential to (CZD) R-5, Residential Moderate High Density for 10 single-family residential lots and 327 residential townhomes with associated open space and amenity center to the May 1, 2023 regular meeting. Upon vote, the MOTION PASSED 4 TO 0. CONTINUANCE OF REZONING REQUEST (Z23-07) - REQUEST BY CINDEE WOLF WITH DESIGN SOLUTIONS, APPLICANT, ON BEHALF OF ERNEST FAISON II, PROPERTY OWNER, TO REZONE APPROXIMATELY 0.96 ACRES OF LAND LOCATED AT 6505 CAROLINA BEACH ROAD FROM R-15, RESIDENTIAL TO (CZD) B-2, REGIONAL BUSINESS TO CONVERT AN EXISTING SINGLE-FAMILY HOME FOR A CONTRACTOR’S OFFICE WITH AN ACCESSORY STRUCTURE AND OUTSIDE STORAGE AND OTHER LIMITED COMMERCIAL USES Chair Rivenbark stated that the Board has received a request to continue Regular Agenda Item 9: Rezoning Request (Z23-07) by Cindee Wolf with Design Solutions, applicant, on behalf of Ernest Faison II, property owner, to rezone approximately 0.96 acres of land located at 6505 Carolina Beach Road from R-15, Residential to (CZD) B-2, Regional Business to convert an existing single-family home for a contractor’s office with an accessory structure and outside storage and other limited commercial uses. He invited the applicant, Cindee Wolf, to present her reason for the continuance request. Ms. Wolf stated that due to the unexpected passing of Commissioner Hays and that during the process, it was found there needs to be another step in the matter before it is brought before the Board as it is an adaptive rehabilitation of an existing building, she would ask that her rezoning request be continued to the May 1, 2023 meeting. Chair Rivenbark opened the floor to Board discussion. Hearing no further discussion, Chair Rivenbark asked for Board direction. Motion: Commissioner Zapple MOVED, SECONDED by Commissioner Barfield to approve the request to continue rezoning request (Z23-07) by Cindee Wolf with Design Solutions, applicant, on behalf of Ernest Faison II, property owner, to rezone approximately 0.96 acres of land located at 6505 Carolina Beach Road from R-15, Residential to (CZD) B-2, Regional Business to convert an existing single-family home for a contractor’s office with an accessory structure and outside storage and other limited commercial uses to the May 1, 2023 regular meeting. Upon vote, the MOTION PASSED 4 TO 0. CONSIDERATION AND ADOPTION OF NATIONAL PUBLIC HEALTH WEEK PROCLAMATION Commissioner Zapple read the proclamation into the record, recognizing April 3-9, 2023 as National Public Health Week in New Hanover County. Hearing no further discussion, Chair Rivenbark asked for direction from the Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, APRIL 3, 2023 PAGE 706 Motion: Commissioner Zapple MOVED, SECONDED by Commissioner Barfield to adopt the proclamation recognizing April 3-9, 2023 as National Public Health Week in New Hanover County. Upon vote, the MOTION PASSED 4 TO 0. 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 contained in Exhibit Book XLIX, Page 7.3. CONSIDERATION AND ADOPTION OF CHILD ABUSE PREVENTION MONTH PROCLAMATION Commissioner Barfield read the proclamation into the record, recognizing April 2023 as Child Abuse Prevention Month in New Hanover County. Hearing no further discussion, Chair Rivenbark asked for direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Zapple to adopt the proclamation recognizing April 2023 as Child Abuse Prevention Month in New Hanover County. Upon vote, the MOTION PASSED 4 TO 0. Social Services Director Tonya Jackson expressed appreciation to the Board for adopting the proclamation. A copy of the proclamation is hereby incorporated as part of the minutes and contained in Exhibit Book XLIX, Page 7.4. UPDATE ON AMERICAN RESCUE PLAN FRAMEWORK AND ADOPTION OF THE REVISED FRAMEWORK Intergovernmental Affairs Manager Tim Buckland and Chief Financial Officer Eric Credle provided the following update:  American Rescue Plan (ARP) – Two Year Update:  Background:  Signed into law March 2021  New Hanover County framework adopted three weeks later  Revised as needed  Businesses, households, Nonprofits helped  Numerous initiatives ongoing  Completed Programs: business assistance, nonprofit assistance, mortgage assistance, water bill assistance, broadband access (applications closed – assistance ongoing), Eden Village affordable housing infrastructure, and essential employee recognition  Continuing Programs: job training, film industry internships, mental health and senior support services, pandemic operations, addressing community violence, and affordable housing  Financial Summary:  Changes to Prior Update: In response to Board questions, Mr. Credle stated that there are programs that will sunset after 2024 as the funds will be fully spent. There are plans to prioritize which programs will move into the continuation budget. As far as the dollar amount to continue the programs, it is possible the cost will be in the $15 million range. Commissioner Zapple stated that there is a community conversation about what happened to the $45 million from the ARP. The presentation just provided by staff was a terrific review of it. In government terms of light speed, the County has put back $24.3 million into this community with another $21 million that will go into the community on a vast array of programs by the end of 2024. It is hard to spend money in a coordinated and positive way in the community. The County was the first one out of the chute on how to use the funds and did so in an NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, APRIL 3, 2023 PAGE 707 aggressive manner. He thanked County Manager Coudriet and staff for their work to make it possible to get the funds out into the community. Commissioner Barfield stated that during the process many small businesses and nonprofits received grants that helped to keep them whole in providing for employee wages or other expenses. The County was also able to help many homeowners with the rental/mortgage assistance while also working with Cape Fear Public Utility Authority (CFPUA) to make sure no one lost their water service. The County continued its commitment for housing affordability by helping Eden Village with $250,000 initially with water and sewer to ensure that program got off the ground. The lifeline that was able to be provided to the businesses and nonprofits to help with projects is great to see. He expressed appreciation to the staff for their efforts. Hearing no further discussion, Chair Rivenbark asked for direction from the Board. Motion: Commissioner Zapple MOVED, SECONDED by Commissioner Barfield to adopt the revised framework as presented. Upon vote, the MOTION CARRIED 4 TO 0. CONSIDERATION AND APPROVAL OF A CONTRACT BETWEEN THE NEW HANOVER COUNTY RECYCLING AND SOLID WASTE DEPARTMENT AND ARCHAEA ENERGY OPERATING, LLC TO DESIGN, BUILD, AND OPERATE A LANDFILL GAS TO RENEWABLE NATURAL GAS (RNG) FACILITY Environmental Management Director Joe Suleyman stated that there is a lot of organic material in the landfill that as it decomposes generates methane gas. There is no desire to flare it to release it into the atmosphere and the department is fully compliant with state and federal government expectations of how it manages landfill gas. Staff evaluated the options of using the landfill gas, once cleaned up, to generate electricity to fire a turbine generator, or take a bit more risk to creating renewable natural gas. In review of the financials, carbon credits, and incentives that are available, it made sense to convert the gas to renewable natural gas. Through the agreement with Archaea Energy Operating, LLC (Archaea) the landfill gas will be transformed into renewable natural gas. Upon execution of the agreement, Archaea will have two years to construct the facility, including an interconnect to the Piedmont Natural Gas pipeline located along Highway 421. Upon attaining the commercial operation date, Archaea will accept landfill gas that meets quality specifications, condition the gas, and convey it to a pipeline during the initial 20-year term of the agreement. The department does not have to spend any money to make this happen. So long as the County provides Archaea with the landfill gas that meets the criteria in the contract, Archaea will pay a fixed annual payment of $300,000, escalated annually based on the Consumer Price Index (CPI), and a variable payment based on the quantity of landfill gas received and marketed. As he stated during the March 30, 2023 agenda review, the potential annual revenue for the department is between $900,000 and $1.2 million. There are multiple layers of protection in the agreement for the County such as hurricanes and work stoppages due to strikes. In response to Board questions, Mr. Suleyman confirmed that the bottom line is when the operation is fully operational there will be a revenue stream to $1.2 million per year coming into the enterprise fund. It is unknown how much gas is in the landfill, but the expectation is enough for at least the next 30 years which is why the agreement has been structured with a 20-year term with renewals in five-year increments which will get the department well into the post-closure period for the landfill. Carbon credits are not part of the revenue calculation as those continuously fluctuate. In response to further Board questions, Mr. Suleyman stated that the revenue will come into the enterprise fund for the recycling and solid waste department. Initial discussions around the best way to plan for the use of this unbudgeted revenue is to apply it toward either the closure or post-closure fund so that there is not a dramatic fee increase as the landfill starts to get exhausted. The County is nearing the closure of the facility and once at capacity, it will not generate any more revenue. However, the agreement with Archaea will continue to feed revenue into the department long after the landfill is closed and is important as there is no desire to have the liability fall upon the general fund and the taxpayers. He confirmed that the taxpayers do not pay for the operation of the department as it is maintained by the tipping fee that is charged to the solid waste haulers and other users of the landfill. He further confirmed that Archaea will own the infrastructure, have a long-term lease on two acres of land on the County property, and be responsible for their own maintenance. Again, there is no expense to the County. Hearing no further discussion, Chair Rivenbark asked for direction from the Board. Motion: Commissioner Zapple MOVED, SECONDED by Commissioner Barfield to approve the agreement between New Hanover County Recycling and Solid Waste and Archaea Energy Operating, LLC. Upon vote, the MOTION CARRIED 4 TO 0. PUBLIC HEARING AND APPROVAL OF A REZONING REQUEST (Z23-01) BY DAVID LONG WITH CASTLE HAYNE DEVELOPMENT GROUP, LLC, APPLICANT, ON BEHALF OF JAMES STONE WITH ASHTON & AVERY, LLC, PROPERTY OWNER, TO REZONE FOUR PARCELS TOTALING APPROXIMATELY 11.5 ACRES OF LAND LOCATED AT 3400 CASTLE HAYNE ROAD FROM R-20, RESIDENTIAL, TO CZD B-2, REGIONAL BUSINESS FOR GENERAL RETAIL AND OUTDOOR DISPLAY Current Planner Zach Dickerson presented the rezoning request. The applicant intends to develop a Tractor Supply Store but does allow for other retail uses. As the application is for a conditional rezoning and conditions can be applied to the request in agreement with the applicant. The subject site is located on the eastern side of Castle Hayne Road with Gladiolus Road to the south of the property. The surrounding area to the north, west and south is primarily residential, though there are commercially zoned properties further to the south. As to the existing site conditions, there is a single-family house on the site and a large utility easement with power lines. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, APRIL 3, 2023 PAGE 708 The applicant is proposing to construct an approximately 22,000 square foot retail building with a 4,000 square foot garden center and 13,000 square foot fenced outdoor display area. Noted on the concept plan is the proposed street yard along the southern boundary of the site, adjacent to the utility easement with power lines. Stormwater will be managed by the stormwater pond noted on the concept plan. Access is proposed to the subject property from Castle Hayne Road, a North Carolina Department of Transportation (NCDOT) maintained minor arterial roadway. Ingress and egress will be full access, with a northbound right turn lane required by NCDOT as part of the driveway permit review process. State Transportation Improvement Project (STIP) U-5863 plans to widen Castle Hayne Road but there has not yet been a final determination on whether there will be a median or a center turn lane on this section of Castle Hayne Road. If there is a median, future site access will be limited to right-in, right- out. There is limited development in the area. Development under the site’s current zoning would generate approximately 10 AM and 13 PM peak hour trips. Using the Institute of Transportation Engineers (ITE) code for a farm supply store, the retail development would generate approximately 0 AM and 55 PM peak hour trips. The estimated traffic generated from the site for the proposed Tractor Supply is under the 100 peak hour threshold that triggers the Unified Development Ordinance (UDO) requirement for a Traffic Impact Analysis (TIA). If the store were developed for general retail use with the same square footage, a TIA would be required. Mr. Dickerson provided an overview of comparable development of existing R-20 and a typical B-2 development along with an example of a Tractor Supply Store with an outdoor display area. Because of its proximity to the I-140 interchange, the area is likely to transition to a service node in the coming years, serving both local and highway traffic. The site features, including the utility easement, reduce impact on neighboring residential uses. The 2016 Comprehensive Land Use Plan (Comprehensive Plan) classifies this area as both Community Mixed Use and General Residential. Because of the general nature of place type borders, sites located in more than one place type could be appropriately developed with either place type. The project is generally consistent with the Comprehensive Plan’s recommendations for the Community Mixed Use place type. The Planning Board considered the application at the March 2, 2023 meeting and voted (7-0) to recommend approval as it found the application to be consistent with the Comprehensive Plan, and that approval was reasonable and in the public interest. The recommended approval includes the following two conditions proposed by the applicant to aid in compatibility with nearby uses: 1. No development shall occur within the existing utility easement, as shown on the proposed Conditional Rezoning Site Plan. This constitutes an additional, undisturbed buffer of 172.5-feet wide adjacent to the existing residential uses on Gladiolus Road. The required secondary street yard will make the total separation between the proposed development and Gladiolus Road 178.75-feet wide. 2. Site access is restricted to Castle Hayne Road. Vehicular ingress and egress to the site from Gladiolus Road is not permitted. Staff concurs with the Planning Board’s recommendation. Staff’s recommendation is based on the guidance of the Comprehensive Plan, zoning considerations and technical review, along with the compatibility of the proposed zoning district with the area’s anticipated transition into a commercial node. If approved, the project would be subject to the Technical Review Committee (TRC) and zoning compliance review processes to ensure full compliance with all ordinance requirements. In response to Board questions, Mr. Dickerson stated that when the initial application came through, and when the jurisdictional wetlands were determined on the site, the applicant reoriented the site plan to have less of an impact on the wetlands on the subject site. He noted that the applicant can further address the wetlands question and that he was not comfortable answering for the U.S. Army Corps of Engineers about their determinations of the proposed project. Chair Rivenbark thanked Mr. Dickerson for the presentation and invited the applicant to make remarks. Mike Nichols, Landscape Architect with Paramounte Engineering, representing David Long with Castle Hayne Development Group, LLC, applicant, on behalf of James Stone with Ashton & Avery, LLC, property owner stated that staff did an excellent job on the presentation. The neighborhood meeting was held on December 1, 2022 and most people in attendance were supportive. The only comments heard concerned Chair Road, which is not part of this project. The concerns were about the traffic intersection and attendees asked that it be mentioned during this presentation. The residents desire to have a traffic light at the Chair Road intersection. Again, the attendees were supportive and enthusiastic about having a Tractor Supply Store at the subject site. Gladiolus Road is a residential road and there is a 172.5-foot wide easement that abuts the road. Rather than trying to put landscaping in that easement, the buffer has been put on the interior side of the project. There is a property that created an additional 6.5-feet and at certain points up to 20-feet, which allows for a spatial buffer and a landscape buffer against the residences and leaves 172.5-feet untouched. There is also a self-imposed condition of approval that would not allow access from Gladiolus Road nor commercial traffic access. Effort is being made to focus the concentration of the development to be in the northeast corner of the site. As to the wetlands area, through redesigning and working with staff on the ability to do the buffers in the way that is being proposed with a secondary street guard, the impacts were reduced to 2.49 acres and the plan has gone through the U.S. Army Corps of Engineers review. Through that process, work was able to be done on building some retaining walls and other associated work to reduce the impacts down even further to 2.47 acres. A permit will be required but the development plan is under the half acre threshold. Impervious surface is at 24% for the entire property which would provide the qualifications for low impact stormwater, however, that is not what is being sought. There will be pipes, storm drains, and a retention pond standard development type of stormwater maintenance. He mentions it to only point out that the development itself is a very low development footprint for such a large parcel. As mentioned by staff, this is a Community Mixed NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, APRIL 3, 2023 PAGE 709 Use area as identified in the Comprehensive Plan and that the subject site is less than half a mile from the interstate interchange. All involved acknowledge the area is largely going to develop in the future. The subject site is not necessarily a typical R-20 lot as was established in 1974 when there was no sewer and water in the area and people were building on much larger lots. The subject area is transitioning, now there is sewer and water available, and the request is for a conditional rezoning. The hope is the Board finds the proposed project complementary to the long term development goals for the County in terms of the subject area of Castle Hayne Road and finds it compatible with the adjacent residential given the fact that serious efforts are being made to buffer the residential area as best as possible. Chair Rivenbark announced that no signed up to speak in favor or in opposition to the request, closed the public hearing and opened the floor to Board discussion. Hearing no further discussion, Chair Rivenbark asked Mr. Nichols if, based on the Board discussion and items presented during the public hearing, whether he would like to withdraw the petition or proceed with the vote. Mr. Nichols responded that he wanted to proceed with the vote. Chair Rivenbark asked for direction from the Board. Motion: Commissioner Zapple MOVED, SECONDED by Commissioner Barfield, to approve the proposed rezoning. The Board finds it to be consistent with the purposes and intent of the Comprehensive Plan because it provides for the types of uses encouraged in the Community Mixed Use place type and is compatible with projected commercial nodes. The Board also finds approval of the rezoning request is reasonable and in the public interest because it provides for the types of uses that serve the surrounding community, and the site is designed to create a visual transition from adjacent residential areas to the south and east. The following proposed conditions are included as part of the approval: 1. No development shall occur within the existing utility easement, as shown on the proposed Conditional Rezoning Site Plan. This constitutes an additional, undisturbed buffer of 172.5-feet wide adjacent to the existing residential uses on Gladiolus Road. The required secondary street yard will make the total separation between the proposed development and Gladiolus Road 178.75-feet wide. 2. Site access is restricted to Castle Hayne Road. Vehicular ingress and egress to the site from Gladiolus Road is not permitted. Upon vote, the MOTION PASSED 4 TO 0. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 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 52. PUBLIC HEARING AND APPROVAL OF A REZONING REQUEST (Z23-08) BY CINDEE WOLF WITH DESIGN SOLUTIONS, APPLICANT, ON BEHALF OF BAYSHORE ESTATES, INC, PROPERTY OWNER, TO REZONE APPROXIMATELY 2.74 ACRES OF LAND LOCATED AT 7620 MARKET STREET FROM R-15, RESIDENTIAL TO (CZD) B-1, NEIGHBORHOOD BUSINESS FOR A TWO-STORY COMMERCIAL STRUCTURE AND TO REMOVE THE SPECIAL HIGHWAY OVERLAY DISTRICT (SHOD) FROM THE PROPERTY AND OTHER LIMITED COMMERCIAL USES Current Planner Julian Griffee presented the conditional rezoning request stating that additional conditions may be applied with the applicant’s agreement. The property is bounded to the west by the Market Street right-of- way with commercial and institutional uses fronting the roadway. Single-family residential exists to the south and east, and a vacant commercial property exists to the north. In review of the existing site conditions, Mr. Griffee noted that a utility easement bisects the center portion of the parcel. The conceptual plan depicts the proposed two- story, 20,800 square foot commercial structure. Associated parking, site access, and bufferyards from residential- abutting parcels are depicted on the plan. An underground stormwater system is proposed underneath the parking lot. The applicant seeks to limit the permissible uses to bank and/or financial institution, business services, restaurant (no drive-thru permitted), offices for private business and professional activities, instructional services and studios, personal services, general (no tattoo parlor permitted), and retail sales, general. The applicant has also proposed conditions related to vegetative buffering and lighting. The subject site is located within the Special Highway Overlay District (SHOD). The SHOD was established to ensure consistency of development and scenic beauty along specific roadways within the County. The SHOD contains regulations pertaining to larger front yard setbacks of 100-feet for non-residential structures, outdoor storage, parking and loading, lot coverage, and signs. The applicant seeks to remove the SHOD designation. However, the applicant has conditioned the request to develop the project in accordance with all current SHOD requirements aside from the 100-foot front yard setback. The setback was to allow for future widening of the corridor, which has occurred, making the 100-foot setback less appropriate now. The Market Street Improvement Project is expected to be completed this year, upgrading the section of Market Street where the proposed development is located. The improvement project is converting Market Street into a superstreet design. Access to the property is proposed to be a new right-in, right-out driveway access onto Market Street. That driveway access is subject to NCDOT permitting. A U-turn providing southbound traffic an opportunity to access the site is located just to the south of the future driveway. Traffic leaving the site wishing to go southbound must progress northbound first and U-turn at Alexander Drive. Both intersections are to be signalized. The proposed project is located along a major arterial highway that is currently over capacity; however, the Market Street widening project and Military Cutoff extension project will be completed in 2023 and are anticipated to decrease congestion in this area. Other projects are currently under review or in development in the vicinity; and while their TIAs did not take this proposal into account, all were developed to consider general traffic NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, APRIL 3, 2023 PAGE 710 growth in the area. The proposed project would generate approximately 49 AM and 94 PM peak hour trips. These figures are below the 100 peak hour threshold that triggers the requirement of a TIA. Mr. Griffee provided an overview of representations of typical development within an R-15 zoning district and representative comparable developments of proposed (CZD) B-1. As the property is located along Market Street, a major commercial corridor, between the Porters Neck growth node and the City of Wilmington, the development could serve as a transition between these uses. The Comprehensive Plan classifies the area as Community Mixed Use, which is intended for compact, mixed-use developments that support more density along major roads. Developments can serve as a transition to lower densities when adjacent to existing lower intensity residential neighborhoods. The uses proposed within this request are consistent with the uses recommended within the place type. The Planning Board considered the request at the March 2, 2023 meeting and unanimously recommended approval of the petition (7-0) finding the request consistent with the Comprehensive Plan and that approval is reasonable and in the public interest, with proposed conditions as follows: 1. The permitted uses will be limited to bank and/or financial institutional, business services, restaurant (no drive-thru), offices for private business and professional activities, instructional services and studios, personal services (no tattoo parlors), and general retail sales. 2. Development of the site will be subject to all applicable standards of the Special Highway Overlay District (SHOD) described in Section 3.5.3 of the Unified Development Ordinance with the exception that the front property setback shall reflect the minimum setback of 25-feet as currently prescribed for the B-1 zoning district. 3. Exterior lighting, including luminaries and security lights, shall be arranged, or shielded so as not to cast illumination in an upward direction above an imaginary line extended from the light sources parallel to the ground. Fixtures shall be numbered such that adequate levels of lighting are maintained, but that light spillage and glares are not directed to adjacent property(ies), neighboring areas or motorists. Light posts shall be no taller than twelve (12) feet. 4. Tree protection fencing shall be installed along the proposed fence line prior to onset of any clearing or grading, and the area behind shall be left totally undisturbed. 5. There shall be no outdoor amplification of noise at any time. 6. Outdoor seating for any restaurant use shall be sited between the front of the building and the Market Street right-of-way. Staff did receive opposition comments regarding the rezoning request, which were sent to the Board. If approved, the project would be subject to the TRC 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, applicant, on behalf of Bayshore Estates, Inc., property owner, stated the proposed site is just north of the Bayshore Drive and Torchwood Drive intersection with Market Street which is considered the Ogden area. It backs up to Bayshore Estates and is split from front to back by a Duke Energy transmission line. The track is currently zoned R-15, and the request is for a conditional district neighborhood business. The site frontage is directly adjacent to the U-turn improvement being installed which limits the driveway access. Most of the frontage of the site is controlled, but the specifics for its design would still be coordinated through the TRC process for a permit with the NCDOT. The proposed layout was very much based on the bisection of the track from the powerline. The only alternatives were to place the building at the rear with parking in the front. A common concern with these types of transitional uses between a highway corridor and a residential community behind has been the privacy issue of multi-story buildings. Hence, the decision was made for a layout that maintains the greatest distance between the building and the rear property boundary over 200-feet. The proposed building would be two stories with the parking area to the rear and uses would include those customary in a commercial center and are further limited on the condition list. The purpose of eliminating the SHOD 100-foot setback is to protect the neighbors by orienting the building up along the highway roadway. Additionally, based on feedback received during the community information meeting concerning a solid screening fence along the common property line, tree protection fencing will be installed along a 10-foot offset prior to the onset of clearing and grading and with no disturbance of existing vegetation in that area permitted. Once construction is complete, an eight-foot high fence for screening security would be installed along a five-foot offset of the rear pavement edge. All the proposed buffers equate to not only a bufferyard more than the required 15-foot buffer yard being proposed, but even beyond the 30-foot rear building setback to that parking area. Public water and sanitary sewer mains are available for utility services to the building. All runoff from new services on the project will be required to be collected and managed in accordance with all state and County requirements for stormwater management. It is believed that the approval is consistent, reasonable, and in the public interest, and the Board’s approval would be appreciated. In response to Board questions, Ms. Wolf stated that CFPUA has guidelines that if a property is within 500- feet of water and sewer then a connection must be made. The sewer runs along the northern property boundary and the water mainline is on Market Street. Mr. Griffee stated that CFPUA responded back to staff after review of the rezoning request that sewer is available and water service will require a mainline extension. In response to further Board questions, Ms. Wolf confirmed that except for one setback requirement, the request is to remove the SHOD designation and she is agreeable with the proposed conditions. She further confirmed NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, APRIL 3, 2023 PAGE 711 that to the left of the property from Market Street is Marshall Place which is zoned office and institutional (O&I) and is used as such. Chair Rivenbark announced that no signed up to speak in favor and one person signed up to speak in opposition to the request. He invited the opposition speaker to make their remarks. Gayle Bell, resident of Lost Tree Road, spoke in opposition to the request stating that while she is not in actual opposition, she wants to ensure whatever structure is approved is made to provide a tall enough barrier between the new development and the residential behind to block the lighting and activity from it. The gas station that is currently being constructed has a fence that does not rise above the lighting of the gas station. The lighting floods right into the residential backyards along with the activity noise and there is a desire to not have more of the same issues with this proposed development. Chair Rivenbark stated that the applicant and opposition speaker have five minutes each to provide rebuttal remarks. In applicant rebuttal, Ms. Wolf stated the opposition speaker’s concern was discussed at the Planning Board meeting. The lighting requirements for this proposed development are for the light standards to be no taller than 12- feet in the parking area. The lights must shine down and be blocked so there is no shining toward the southeast. The fence would be eight feet and there is excessive non-disturbed vegetation. She cannot address the issues created by the construction of the gas station other than to state that there are established lighting standards with directional requirements in the UDO. For this specific request, she feels everything possible has been done to address lighting invasion as required by the UDO. Chair Rivenbark 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, whether she would 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 Barfield MOVED, SECONDED by Commissioner Zapple to approve the proposed rezoning to a (CZD) B-1 district and removing the parcel from the Special Highway Overlay District. 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 Community Mixed Use, is located along a major roadway corridor between the City of Wilmington and the Porters Neck growth node where transitional uses would be appropriate and provides for the uses that are recommended within 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 proposed conditions are included as part of the approval: 1. the permitted uses will be limited to bank and/or financial institutional, business services, restaurant (no drive-thru), offices for private business and professional activities, instructional services and studios, personal services (no tattoo parlors), and general retail sales. 2. Development of the site will be subject to all applicable standards of the Special Highway Overlay District (SHOD) described in Section 3.5.3 of the Unified Development Ordinance with the exception that the front property setback shall reflect the minimum setback of 25-feet as currently prescribed for the B-1 zoning district. 3. Exterior lighting, including luminaries and security lights, shall be arranged, or shielded so as not to cast illumination in an upward direction above an imaginary line extended from the light sources parallel to the ground. Fixtures shall be numbered such that adequate levels of lighting are maintained, but that light spillage and glares are not directed to adjacent property(ies), neighboring areas or motorists. Light posts shall be no taller than twelve (12) feet. 4. Tree protection fencing shall be installed along the proposed fence line prior to onset of any clearing or grading, and the area behind shall be left totally undisturbed. 5. There shall be no outdoor amplification of noise at any time. 6. Outdoor seating for any restaurant use shall be sited between the front of the building and the Market Street right-of-way. Upon vote, the MOTION PASSED 4 TO 0. In response to Board questions, County Manager Coudriet stated that he has been in communication with Planning and Land Use Director Rebekah Roth about the gas station complying. She reported to him that the gas station was not adjacent and when the car dealership left that site some of the buffering no longer worked. As redevelopment comes along the light shedding will take care of itself but her staff will ensure that the gas station is compliant with the rules. But, the rules in this specific case may not be a direct benefit to the complainant. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 5 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED July 6, 1971 is hereby incorporated as part of the minutes and is contained in Zoning Book I, Section 5, Page 92. PUBLIC COMMENTS ON NON-AGENDA ITEMS Chair Rivenbark stated that two people signed up to speak under public comment and invited the speakers to make their remarks. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, APRIL 3, 2023 PAGE 712 JC Lyle with WARM, stated that she is speaking on behalf of 13 executive directors in response to a recent Star News article regarding outside agency funding and the New Hanover Community Endowment (NHCE). In New Hanover County, 32.5% of the residents have incomes at or below 200% of the federal poverty level, which amounts to $25,700 per person. Many low wage workers and those on fixed incomes seek assistance from nonprofit organizations for food, housing, healthcare, education, and other basic needs. The nonprofits know that the Board values the role nonprofits play in the well-being of those struggling and the County’s overall quality of life. Recently the term “double dipping” was introduced in the public sphere. This misleading and ambiguous term causes yet another challenge for nonprofits: having to dispute the ridiculous notion that they are somehow cheating the system if they get money from the newly formed endowment and through County non-agency funding. A good reputation is critical to fundraising and volunteer recruiting. To apply for funding from either entity, nonprofits must share their most recent financial audits from a third-party CPA certifying they are in good financial health and responsible stewards of the money they receive. These audits include a restricted funds analysis where all funding agreements are reviewed for restricted funds and compared with accounting records to determine whether they were used for their intended purpose. An organization could not get away with accepting awards from multiple grant makers for the same expense. No double dipping. Additionally, the County and endowment grants are separate pools of money from different sources and are managed by different governing bodies. The endowment was created to go beyond government funding, not replace it. On behalf of 13 nonprofit leaders, she asked for the Board’s continued commitment to allocate critical outside agency funds and for the Commissioners to use their position to help end some of the misconceptions. Scandalous headlines and ill-informed rumors distract all from their important work and create division on issues that will take a united community to address. Commissioner Barfield stated that he spoke on this very issue at the March 30, 2023 agenda review as the article bothered him as media outlets will pit one group against another and he felt the article was written to pit nonprofit against nonprofit. The NHCE CEO and President William Buster has told him that once the NHCE is fully functional and monies are invested, there will be approximately $40 to $50 million coming in per year. There will not be the capacity in this community with the current nonprofits to utilize those resources and it may require NHCE to start inventing or creating new nonprofits to serve the community. The NHCE was created to only serve this County. To use the phrase “double dipping” almost cast guilt upon someone for accepting resources when the reality is there are several foundations who aid in the work of nonprofits. The County has even started talking with United Way to increase capacity and its goal is really to increase the capacity of the nonprofits to allow them to do greater work in this community, not less work. To him, many nonprofits are an extension of local government, whether it is city or county government, doing things local governments cannot do and helping to make the quality of life much better for the citizens. Reporters come and go in this community and the article was probably written by someone that knows little about the community and will hopefully get educated in the great work that nonprofits do. He has asked that County staff ensure the Non-County Agency Funding Committee understands that the term “double dipping” is not to be used, understands that the County is trying to aid in increasing capacity, and there should never be a poverty mentality when it comes to helping. This is not a poverty county; it is a wealthy county when it comes to having the NHCE to manage the $1.3 billion set aside to help nonprofits with the spinoff of interest for years to come. The mindset must change as well as the thought process and recognize that we are here to help agencies and people. Bob Drach, resident of St. Stevens Place, spoke on the County’s budget process and expressed appreciation for what is available on the County website to help people be well informed and follow the process. He asked the Board, as it works through the current budget process, to limit spending in the upcoming budget. While no one spoke against the budget, against the level of spending, nor against any of the programs, he feels there are taxpayers who feel that the current spending is enough. In the past year incomes have not kept pace with inflation, so he would expect the County budget to probably be down in real terms because spending is down in real terms. He understands the Board will wrestle with the trade-offs and make the decisions. There are many worthwhile causes in the County, and all deserve support, but nonprofit funding needs to be looked at and the Board needs to know that some taxpayers disagree with how much the County is allocating to nonprofits. He expressed appreciation for the Board’s work on the budget and assured the Board that there are residents in the community that understand resources are limited, but the Board was elected to make the tradeoffs. ADDITIONAL AGENDA ITEMS OF BUSINESS There were no additional items of business. ADJOURNMENT There being no further business, Chair Rivenbark adjourned the meeting at 5:37 p.m. Respectfully submitted, Kymberleigh G. Crowell Clerk to the Board Please note that the above minutes are not a verbatim record of the New Hanover County Board of Commissioners meeting. The entire proceedings are available online at www.nhcgov.com.