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2023-10-02 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 OCTOBER 2, 2023 REGULAR MEETING PAGE 11 ASSEMBLY The New Hanover County Board of Commissioners met October 2, 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 Dane Scalise; and Commissioner Rob Zapple. Staff present: County Manager Chris Coudriet; County Attorney K. Jordan Smith; and Clerk to the Board Kymberleigh G. Crowell. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Gayle Tabor, SALT Inclusive Methodist Community, provided the invocation, and Vice-Chair 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 Scalise 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 August 29, 2023 Special Meeting, the September 14, 2023 Agenda Review, and the September 18, 2023 Regular Meeting. Approval of an Amendment to the Interlocal Agreement with Cape Fear Public Utility Authority for Waterline Relocation – Engineering The Commissioners approved the amendment to the interlocal agreement with Cape Fear Public Utility Authority (CFPUA) to cover the costs associated with the change order to address the unforeseen conditions so the work can be completed, in the amount of $45,056.27. Approval of August 2023 Tax Collection Reports – Tax The Commissioners approved the August 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 18.1. Adoption of Budget Amendment – Budget The Commissioners adopted budget amendment 24-019 for the Finance Department which amends the annual budget ordinance for the fiscal year ending June 30, 2024. A copy of the budget amendment is hereby incorporated as part of the minutes and contained in Exhibit Book XLIX, Page 18.2. Adoption of Capital Project Ordinance - Project Grace – Finance The Commissioners adopted the capital project ordinance for Project Grace as follows: 1. The project ordinance is subject to the Local Government Commission’s approval of the financing and is adopted pursuant to North Carolina General Statute Section 159-13.2. 2. The project undertaken pursuant to the ordinance is the redevelopment of the Wilmington City Block rdnd bordered by Grace Street, 3 Street, Chestnut Street, and 2 Street, to include the construction of a county museum and library facility and improvements to the existing parking deck on the same block, which the project is herewith authorized. 3. The revenue that will initially finance said project is through installment loan proceeds of $57,000,000. 4. The initial appropriation necessary for the project is made from the revenue listed above: capital project expense of $57,000,000. 5. The project ordinance shall be entered in the minutes of the Board of Commissioners of New Hanover County. Within five days hereof, copies of this ordinance shall be filed with the finance and budget offices in New Hanover County, and with the Clerk to the Board of Commissioners of New Hanover County. A copy of the project ordinance is hereby incorporated as part of the minutes and contained in Exhibit Book XLIX, Page 18.3. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 OCTOBER 2, 2023 REGULAR MEETING PAGE 12 REGULAR ITEMS OF BUSINESS PUBLIC HEARING AND APPROVAL OF A REZONING REQUEST (Z23-16) BY AARON HUTCHENS WITH SUMMIT DESIGN AND ENGINEERING SERVICES, APPLICANT, TO REZONE APPROXIMATELY 1.34 ACRES ZONED R-15, RESIDENTIAL LOCATED AT 4580 SOUTH COLLEGE ROAD TO (CZD) CB, COMMUNITY BUSINESS FOR A VEHICLE SERVICE STATION, MINOR AND OTHER LIMITED USES Development Review Planner Wendell E. Biddle presented the request stating that both the site and most of the surrounding area have been zoned R-15 since 1969. At that time, the purpose of the district was to ensure housing densities remained lower due to the need for private wells and septic systems. Since then, public water and sewer services have become more available in the area. Though zoned R-15, both the adjacent north and south properties are non-residential in use. Northeast of the subject lot is the mixed use planned development, Whiskey Branch. Directly east is the single family residential development, Tanglewood. West of the lot consists of both single family and multifamily residential dwellings. Mr. Biddle provided an overview of single family residences that might be seen in the R-15 district and an example of a minor vehicle service station that is like what is being proposed at the subject parcel. Within the classification of Minor Vehicle Service Station (MVSS), maintenance is limited to operations that involve small repairs to privately owned vehicles. The proposed development is located at the corner of South College Road and Jasmine Cove Way and is to include a 6,000 square foot building with 10 bay doors. Five of the bay doors will be on the eastern side facing South College Road and five will be on the western side. As per the applicant, each bay door is to serve an individual vehicle, allowing up to 10 vehicles to receive maintenance at one time. The applicant has proposed two stormwater ponds and a Type A Opaque Buffer, separating the development from the parcel to the south. While initially proposed with a private septic, a CFPUA sewer line is within 200-feet of the site and connection to the public utilities will be required. Mr. Biddle provided an overview of the proposed structure along with the estimated elevation. Within the CB, Community Business district, MVSS are permitted by-right. However, there are additional use standards that apply:  Automotive towing operations are prohibited; all repair work or lubrication shall be conducted within the principal building; no operator shall permit the storage of motor vehicles for a period in excess of 24 hours unless the vehicles are enclosed in the principal building; service or customer vehicles shall be parked on the premises in a manner that will not create traffic hazards or interfere with the vehicular maneuvering area necessary to enter or exit the site; and the premises shall not be used for the sale of vehicles.  No outdoor work shall be performed except in areas designated for such activity on an approved site plan.  Outdoor work areas shall be fenced, walled, or screened to minimize on-site and off-site noise, glare, odor, or other impacts. The applicant has proposed access from both South College Road and Jasmine Cove Way. However, the North Carolina Department of Transportation (NCDOT) has noted a preference for limiting the number of driveways that tie into the South College Road corridor. Mr. Biddle provided an overview of the entry to the site from both proposed access points and exit points. Nearby there are two approved subdivisions under development and one State Transportation Improvement Program (STIP) project. The two subdivisions are higher density projects that have triggered a Traffic Impact Analysis (TIA). If developed within the site’s current zoning district, a maximum density of three single family dwelling units would be permissible, generating approximately two AM and three PM peak hour trips. The proposal can generate an estimated 35 AM and 52 PM peak hour trips. However, within the CB district, the potential land use to generate the highest estimated traffic would be that of a childcare center, which could generate a maximum of 66 AM and 67 PM peak hour trips. Through the proposed Conditional CB rezoning, the estimated traffic generated from the site will remain under the 100 peak hour threshold and therefore not trigger the Unified Development Ordinance’s (UDO) requirement for a TIA. Prior to any development, the project will be subject to NCDOT’s driveway permitting standards. Due to the site’s size and proximity to the South College Road corridor, the parcel is less likely to be developed residentially. The proposed development is located within a mile of the Monkey Junction growth node. While the immediate portion of the South College Road corridor has not seen commercial growth, the CB district is designed to provide lands to accommodate the development of businesses that serve surrounding neighborhoods with goods and services needed for a variety of daily and long-term purposes. It should also be noted that the Whiskey Branch planned development, upon completion, will have a commercial component added along the South College Road corridor. On July 17, 2023, the Board of Commissioners adopted a new strategic plan for Fiscal Years 2024-2028. The plan focuses on three core areas: workforce and economic development, community safety and wellbeing, and sustainable land use and environmental stewardship. The proposed CB district rezoning will allow a business that can support the surrounding community to be in a transitional area along a major roadway corridor and near several households. The strategic plan aims to prepare for the long-term needs of businesses and to maintain new business growth within 2.5% of the state. The proposed commercial zoning district will enable new business. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 OCTOBER 2, 2023 REGULAR MEETING PAGE 13 The Comprehensive Plan designates the property as being part of the Community Mixed Use place type. This place type includes commercial uses and encourages infill development along highway corridors. In addition to serving as a transition between the highway and neighboring residential uses, the proposed project will provide a use that could be appropriate in nodes as well as transitional areas while providing service to nearby residents. At the August 3, 2023 Planning Board meeting, the proposed rezoning was met with a vote (7-0) to recommend approval. The Planning Board found the application to be consistent with the 2016 Comprehensive Plan (Comprehensive Plan). It also found recommending approval was reasonable and in the public interest because the proposal allows service-oriented use that could serve as an appropriate transition between the highway and existing residential uses. As a result of the policy guidance of the Comprehensive Plan, zoning considerations, and technical review, staff concurs with the Planning Board’s recommendation of the request with conditions related to buffer yard and street yard requirements, driveway access, tree retention, utilities, and a limit to the permitted uses for the rezoned property. Mr. Biddle concluded the staff presentation stating that should the rezoning request be approved development of the site will be subject to additional development review to ensure all land use regulations are met. Chair Rivenbark thanked Mr. Biddle for the presentation and invited the applicant to make remarks. Aaron Hutchens, applicant with Summit Design and Engineering Services, provided a brief overview of the operations of Christan Brothers Automotive which concentrates on light automotive repairs and brake inspections, fluid maintenance, oil changes, and cooling system maintenance. The business uses environmentally friendly supplies. The company also has a set aesthetic standard for automotive repair. The standard hours of operation are 7:00 A.M. to 6:00 P.M. Monday through Friday with one exception being Saturday hours for the first 180 days of business. Christian Brothers Automotive has nine stores located throughout the state with an active role in their communities. As to size and optimal use, Christian Brothers facilities are developed to a higher standard, their shops service an average of 4,200 vehicles per shop per year, and they are highly rated on Google and audited by AAA and Repair Pal. The entrances have a more inviting appearance with a sense of welcome while the reception areas mimic those seen in a doctor’s office and/or hotel. The level of comfort. makes the maintenance and repair process less threatening to all people. Mr. Hutchens provided an overview of the vicinity map, the existing conditions of the site, th and the list of steps taken to date to get to this point in the process. A pre-application meeting was held on April 5 with staff and a tree inventory was done of the existing trees onsite. Discussions are ongoing with NCDOT and CFPUA. th The community meeting was held on June 27 which included the five community members that the project impacts where they listened to residents’ concerns about the need for a signal at the intersection of Jasmine Cove Way and South College Road and tree removal. Information was shared during the community meeting of the site requirements for buffers, the building materials, and how those will be utilized in conjunction with the vegetation to help minimize any noise impacts from South College Road. The residents’ concerns were also shared with NCDOT. The stormwater treatment areas and the areas will need to be designed and further engineered. However, at a bare minimum will be designed to meet County standards. The bays are 6,000 square feet with five on the front and five on the rear and are not drive through bays. Mr. Hutchens responded to questions confirming that there will not be any gasoline sales, a tree survey was conducted on April 11, 2023, and a connection will be made to CFPUA. Mr. Billy Green with Christian Brothers Automotive stated that the business does not perform automotive bodywork, tire recapping, or muffler repair. Development Review Supervisor Robert Farrell responded to questions stating that a condition requirement for multiuse paths to be included is for projects along Carolina Beach Road to the south but not along the South College Road corridor on the side of the subject site. County Manager Coudriet stated that there is a plan for bike and pedestrian paths, but it is on the other side of the road. Planning and Land Use Director Rebekah Roth stated in response to questions that in staff presentations related to traffic and impact analyses, the only project that was required to get a TIA in the vicinity of the subject site was the Whiskey Branch project. There were certain components of area growth that had to be considered to make the analysis, which could include background growth. Wilmington Metropolitan Planning Organization (WMPO) Traffic Planning Engineer Scott James corroborated Ms. Roth’s response and stated that an aggregate traffic number cannot be provided and when a proposal is considered too small for a formal study, trips would not be added to the development to reflect preceding applications. Each proposal is evaluated as an individual application. Mr. Hutchens and Mr. Green responded to questions stating that there are 280 stores in 30 states, the hours of operation would be 7:00 a.m. to 6:00 p.m. Monday through Friday, with special Saturday hours for the first 180 days of being opened, and a facility has never been shut down. The request to include childcare facilities as an approved use if a future investor buys the property from the business. Chair Rivenbark announced that two people signed up to speak in support and one person signed up to speak in opposition to the request and asked the speakers to provide their remarks. James Moore, resident of Tanglewood Drive, Wilmington, NC, spoke in support of the request stating that he is the treasurer of the Wilmington Shrine Club, which owns the property, and president of the Arab Shriner Club Holding Corporation. The club is in favor of Christian Brothers Automotive obtaining the property after having received multiple offers for the property and the club will be a direct neighbor to the business. The building will be NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 OCTOBER 2, 2023 REGULAR MEETING PAGE 14 aesthetically pleasing, the operation hours are reasonable, and the claims to keep the site clean were major factors in choosing to sell the property to this business. Danny Gore, resident of North Channel Haven Drive, Wilmington, NC, spoke in support of the request stating that he is acting president of Wilmington Shrine Club. The club spent a lot of time choosing who to sell the property to due to its location being adjacent to the club and near Jasmine Cove. In looking at all the options, Christian Brothers Automotive is the best option. He visited one of the Charlotte, NC locations, and the property was kept very neat, and it almost looked like a doctor’s office instead of a car care place. The club has been looking for the best fit for a neighbor since 2009 and the decision to sell the site to Christian Brothers Automotive was not taken lightly, nor were any of the other offers. He and the club members feel the company is the best fit for the site. Michele Erich, resident of Turtle Dove Court, Wilmington, NC spoke in opposition to the request stating she has concerns about the environmental impacts of the business in terms of waste from industrial chemicals, runoff into the water supply, the hours of operation, and traffic. She asked the Board not to approve the request. Chair Rivenbark stated that the applicant and opposition speakers would each have five minutes to provide rebuttal remarks. In applicant rebuttal, Mr. Hutchens stated that in terms of traffic, the requirements are being met and the team has no control as to what happens with the adjacent development. Mr. Green stated that as far as the environment is concerned, there is heavy regulation by the federal and state governments. There is no wash down and what is used in the business is very environmentally friendly. There is an emergency underground tank that would be managed by an environmental company that is on contract to empty the tank and remove the waste from the site. He reiterated that the hours of operation are 7:00 a.m. to 6:00 p.m. Monday through Friday. Mr. Green stated in response to questions that the hours of operation are not included in the deed restrictions. Ms. Erich declined to provide opposition rebuttal comments. There being no further speakers, Chair Rivenbark closed the public hearing and opened the floor to Board discussion. Chair Rivenbark asked Mr. Hutchens 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. Hutchens responded that he wanted to proceed with the vote. Vice-Chair Pierce expressed appreciation to the seller and buyer for the efforts made to ensure this is the best fit for the subject site. Commissioner Scalise stated that the applicant has followed the process rules and feels it is appropriate to move forward with approving the rezoning request. Hearing no further discussion, Chair Rivenbark asked for direction from the Board. Motion: Commissioner Scalise 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 the project provides for the types of commercial 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 a service- oriented use that could serve as an appropriate transition between the highway and existing residential uses. The following proposed conditions are included as part of the approval: 1. A Type A: Opaque Buffer yard shall be provided along the rear property line of the abutting residential lot located on South College Road. The buffer will taper from a 20 foot wide vegetative cover to a span of 10 foot wide consisting of vegetative cover and a fence buffer. 2. A street yard buffer shall be provided along the property line that borders Jasmine Cove Way consisting of an 18 foot wide vegetative field that tapers to a 10 foot wide space, omitting the Jasmine Cove Way access point. The project as shown on the submitted site plan shall be developed with water and sewer connections to a private wastewater system. Private wells and septic systems are not allowed for residential development as contemplated on the site plan. 3. Planning staff may accept changes to the driveway access locations as required by NCDOT. 4. Existing trees identified on the concept plan shall be retained onsite that are not required for removal due to essential site improvements. 5. The proposed project must connect to CFPUA’s sewer line. 6. Permitted uses shall be limited to Vehicle Service Station, Minor; Business Service Center; Repair Shop; Offices for Private Business and Professional Activities; Retail Sales, General; and Child Care Center. Approval is subject to the applicant signing an agreement acknowledging the applicant’s consent to all listed conditions. If the applicant does not provide a signed agreement within seven (7) business days from the date of approval, then the rezoning application approval is null and void. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 OCTOBER 2, 2023 REGULAR MEETING PAGE 15 Commissioner Barfield commended the Wilmington Shrine Club for the efforts made by its members to find the best neighbors for the subject site. Chair Rivenbark agreed with Commissioner Barfield’s comments. Hearing no further discussion, Chair Rivenbark asked for a vote on the motion on the floor. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA MASONBORO OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED April 7, 1971 is hereby incorporated as part of the minutes and is contained in Zoning Book I, Section 1, Page 27. PUBLIC HEARING AND APPROVAL OF A REZONING REQUEST (Z23-17) BY ADAM SOSNE WITH MHMJ, LLC, APPLICANT, TO REZONE APPROXIMATELY 12.68 ACRES ZONED B-2, REGIONAL BUSINESS AND R-15, RESIDENTIAL LOCATED AT 5322 CAROLINA BEACH ROAD TO (CZD) RMF-M, RESIDENTIAL MULTI-FAMILY - MODERATE DENSITY FOR A MAXIMUM 200-UNIT MULTI-FAMILY AND TOWNHOUSE DEVELOPMENT Senior Planner Zach Dickerson presented the request stating that one parcel is zoned R-15, while the parcel closer to Carolina Beach Road, next to the car wash is zoned B-2 and is located on the southwestern side of Carolina Beach Road, west of the Monkey Junction intersection. The surrounding area that fronts Carolina Beach Road is primarily commercial, while residential surrounds the property on the sides and rear. There is an adjacent property to the northwest zoned Conditional RMF-M. The Grove Park Mobile Home Park is to the southeast. The area was zoned R-15 in 1971, and the B-2 parcel was rezoned in 1988 for compatibility with the Monkey Junction commercial area. The subject properties border some commercial development and other residential development. The rear of the site is currently wooded and shares an entrance with the existing car wash. The proposed concept plan includes a maximum of 200 residential units, consisting of 35 townhome units in eight quadruplex buildings and one triplex building, and 165 multi-family units in five apartment buildings with two stormwater ponds and an amenity area. The overall density of the proposal is 15.8 dwelling units per acre (du/acre). The development proposes connections to the adjacent Townes at Park Place development, recently approved by the Technical Review Committee (TRC). The primary access to the development is on a service road that parallels Carolina Beach Road, which provides connections to the Monkey Junction intersection along with a right turn only light to the south of the intersection. The proposed connection to the adjacent townhome development will allow for another access onto Carolina Beach Road as well as access onto Antoinette Drive, which provides a fully signalized intersection with Carolina Beach Road. There are three projects with TIAs in the vicinity. NCDOT plans to make improvements to the Monkey Junction area over the next several years. A TIA was conducted for the proposed project showing it would generate approximately 12 more AM and 78 fewer PM peak hour trips than under its current designation. The TIA has the following improvement requirements:  At the intersection of Carolina Beach Road and Antoinette Drive, create a northbound left turn lane on Antoinette Drive with 200 feet of storage, to provide a four-section flashing yellow arrow and modify the signal plan to accommodate these improvements.  At the service road near the car wash, construct that site access with one ingress lane and one egress lane, connecting to the existing car wash access.  At the car wash access point, construct one entry and exit lane.  Provide a stop sign for people traveling from the development towards Antoinette Drive. The proposed project would generate approximately 39 more students than under its current zoning designation. The generation rate is updated on an annual basis using actual student numbers provided by the school system and provides a countywide picture of the number of students each new residential unit is likely to yield, considering that most new residential units in the county do not provide homes for large numbers of school age children. The County identified the Monkey Junction area as one of its high growth nodes in the Comprehensive Plan. The proposed project can be accessed in numerous ways and its layout places the taller buildings internal to the site, to reduce the visual impact of the development on adjacent uses. The townhouses are placed adjacent to single family residential properties, and some are closer to the service road access point. While traffic is a concern in the Monkey Junction area, NCDOT’s planned improvements are anticipated to alleviate some of those concerns. However, NCDOT is not projected to begin right-of-way acquisition until 2027. Earlier this year, the Board of Commissioners adopted a new strategic plan. The plan focuses on three core areas: workforce and economic development, community safety and well-being, and sustainable land use and environmental stewardship. The proposed (CZD) RMF-M rezoning will provide new multi-family and attached single- family homes in an area of the County that is largely single family detached and can aid in achieving the target of increasing the housing supply to a level of one residential unit per every two residents. In addition, the proposed development is designed to minimize impacts to the on-site stream, and no wetlands or floodplain areas have been identified on-site. The Comprehensive Plan classifies the area as General Residential and Urban Mixed Use, and the project is generally consistent with its recommendations for the Urban Mixed Use place type. The overall project density of 15.8 du/acre sits in between the recommended densities of General Residential at eight du/acre and Urban Mixed Use at 25 du/acre. The Planning Board considered this item at its September 7, 2023 meeting and voted (6-0) to recommend approval of the requested rezoning with one condition, as agreed on by the applicant, that the buildings will have a maximum height of three stories. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 OCTOBER 2, 2023 REGULAR MEETING PAGE 16 Mr. Dickerson concluded the staff presentation stating that if approved, all development on-site will be subject to the TRC and zoning compliance processes to ensure full compliance with all ordinance requirements. He reiterated in response to questions that the project proposes to connect through the Townes at Park Place, the adjacent townhome development, which will traverse to Antoinette Drive. He provided a brief overview of how site access would operate and confirmed the TIA requires the connection be made to Antoinette Drive. Chair Rivenbark thanked Mr. Dickerson for the presentation and invited the applicant to make remarks. Amy Schaefer, attorney with Lee Kaess, PLLC, representing the applicant Adam Sosne with MHMJ, LLC provided an overview of the subject site and the townhomes and multifamily homes previously developed by applicant. The proposal is for 35 single family homes and 164 multifamily homes. The Type A opaque buffer is required where the project is adjacent to any current single family residential zoning and overall trip generation is reduced from the current zoning. The proposed project will be 16 du/acre. In terms of greenspace north of the subject site and access, she provided an overview of how the Townes of Park Place and the proposed project would connect with Antoinette Drive. The site layout as proposed addresses residents’ concerns over the development’s proximity to their backyards. There will be a valet trash pickup company to manage the trash. About 200 trees will be retained on the site based on the tree survey. In terms of housing needs, the study on the issue clearly shows a gap even with the update confirming the need for homes in the County. A wetland delineation was conducted, and it was determined that there are no wetlands onsite. She then asked Davenport Traffic Engineer Don Bennett to provide an overview of the required TIA. Mr. Bennett stated that an assumption is made that trip generation for a site is based on two cars per unit and that everyone is leaving and returning at the same time. The proposed project generates 87 trips in the morning and 109 trips in the evening. However, there is a reduction in the PM trips and the overall daily number of trips is also reduced. In comparison to by-right uses, depending upon the methodology used, the proposed development generates 260 - 270 fewer trips daily than the current zoning. He provided an overview of the TIA recommended improvements including the 200-foot left turn lane to be provided on Antoinette Drive. The TIA also requires the modification of the traffic signal to provide a left turn arrow for the movement coming out of the carwash. The side access to the site comes to an existing 60-foot frontage that is on Antoinette Drive, and the lots that front Antoinette Drive are approximately 100 to 125-feet deep. Therefore, the protected stem required by the TIA would also be accomplished because of the private property flanking on either side of the access. As to concerns about traffic filtering through the adjacent private streets, those roadways would require one to leave the site and then actually filter back to a neighborhood, of none connect back to any of the major roadways. Antoinette Drive is a state maintained road, as are all the roadways to the front of the property. There are two signalized accesses, the one to the south would be for only if one were headed south from the project towards Carolina Beach. Returning from Carolina Beach towards the project, the bulk of the traffic was pushed out towards Antoinette Drive and through the service road. If traveling north on South College Road, the most convenient direction to do that is to go onto the service road, make a right onto Carolina Beach Road, proceed eastward towards Piner Road, make a left, and go north on South College Road. Ms. Schaefer continued the presentation stating that the project will provide for a revitalization of the commercial corridors and blighted areas and be an appropriate transition between the surrounding commercial and residential uses. It will provide a greater variety of housing opportunities close to services, especially in the Monkey Junction growth node. The proposed project is compliant with the future land use plan and Comprehensive Plan. The requested density is less than the average of both Urban Mixed Use and General Residential and it provides a mix of housing types. The maximum density for RMF-M is 17 du/acre, and the proposed project has a density of 15.8 du/acre. The property to the north was recently rezoned to RMF-M. The roads in the Townes at Park Place are private and will be controlled by the homeowners’ association. Part of the TRC requirement is to provide full emergency access by both developments is to stub the properties to each other. A brief discussion ensued about the student generation rate. Ms. Schaefer stated that until recently, the school district’s enrollment has been declining and the study showed that multifamily housing generates fewer students per unit than single family homes. She noted that residential components are allowed on the B-2 parcel by- right with a special use permit (SUP) and there is no upper limit on the numbers. That information has not been factored into any student generation or traffic with the proposal. A brief discussion ensued about the traffic counts. Mr. Bennett stated that for the TIA process, the traffic counts from the Townes at Park Place were required to be added as existing background traffic from the standpoint of looking at the impacts and the necessary mitigation required to address the trip impacts. For a TIA, the impacts and mitigations are identified based on the peak hour analysis. No reduction in trips at Antoinette Drive was considered as part of the modeling to pull traffic from the Townes at Park Place and send it back through the proposed connection. Again, when comparing to the by-right trip generation for only the subject site, there are between 260 and 270 fewer trips per day. Further discussion ensued on student generation rates and potential future growth. County Manager Coudriet explained that staff works with the school district staff to create capital requests for the Board’s annual budget. There may be differing perspectives regarding the need for new school construction. The declining student numbers have led to the focus on encouraging the school system to efficiently utilize existing unused space before considering new school construction. Decisions regarding this topic involve policy and finance discussions between the Board and the School Board. Aside from specific school renovation projects, staff does not necessarily see the NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 OCTOBER 2, 2023 REGULAR MEETING PAGE 17 need for new school construction based on historical attendance data and future projections. Commissioner Barfield noted that it is the School Board’s challenge to distribute students adequately to schools that have capacity. The County cannot establish a public facilities ordinance due to state regulations, so the onus cannot be placed on a developer to build new schools. Commissioner Zapple expressed concerns about the development community’s lack of concern for school overcrowding. There is a community frustration he is hearing about dealing with overcrowded classrooms and emphasized the need for redistricting, which the School Board has been reluctant to accept. He attributes the overcrowding issue to a series of projects along Carolina Beach Road and urged the School Board to reconsider redistricting to address overcrowding issues. Chair Rivenbark announced that no one signed up to speak in support or in opposition to the request, closed the public, and opened the floor to Board discussion. Ms. Schaefer responded to questions stating that the stream running through the property will not be touched by the project. The downstream issues will need to be worked out through the TRC process for this project and the adjacent project. The applicant, Grady Gordon, explained that the stream is in the middle of the property and showed on the site plan where the stream would cross with both stormwater ponds. The County has improved some of the downstream culverts to allow water to flow back to the Cape Fear River. County Engineer Tim Lowe further explained that the stream also flows to the adjacent development. During the analysis of the crossing under Antoinette Drive, it was discovered that the area is too small. The information will be passed onto NCDOT for when the culvert will be replaced, and he hopes NCDOT can do the replacement sooner than planned. He believes Ms. Schaefer’s comments referenced the next culvert downstream and confirmed the matter has been a part of the discussions about the project. The stormwater design is being developed and as the project moves forward during the permitting process, the developer will have to meet the design requirements of a 25-year storm and will also have to look at a 100-year storm to ensure the floor elevations are not inundated as part of it. Commissioner Scalise stated that the Board’s task is to look at the submitted application to determine its consistency with the Comprehensive Plan. The Planning Board unanimously recommended it for approval and staff concurred with that recommendation. School construction or potential school overcrowding issues are not the responsibility of a developer. However, developers serve an important role in the community in helping to increase the housing inventory. He believes the application is complete and falls within the framework of what has been asked for these types of applications. He stated that he intends to vote in favor of the rezoning request. Vice-Chair Pierce stated that housing is a need in this community and believes it is a good area for the proposed project. She further stated that she is prepared to make the motion when Chair Rivenbark is ready. Chair Rivenbark reported on his discussions with two rental companies and that each were 96% and 97% full regardless of whether it was apartments or rental houses. Commissioner Zapple expressed concerns about the number of housing units the project has in terms of school overcrowding, stormwater runoff, and there being a formal agreement on the access via Antoinette Drive. His understanding is that it will all be determined in the future and is not saying he does not think it is a good project. Rather, he does not think the Board has all the information currently for it to be a fully developed project. Vice-Chair Pierce stated that there is no guarantee for the number of people who will move in with children. The number being provided is a statistic and there is no guarantee that the project will contribute to school overcrowding. Commissioner Scalise commented that there will always be a certain degree of uncertainty about the future. The Board has as much certainty and information as it can about a proposed project whenever there has been a thorough vetting by the Planning Board. Again, the Planning Board has recommended approval and staff has concurred with the recommendation. There is not enough doubt for him to recommend that the Board not proceed with the matter. Commissioner Barfield stated that while he understands Commissioner Zapple’s concerns, what he understands from the county engineer is that there is a process, and the project is not at that point in the process to provide all the answers. If the questions are not answered as part of the process, the project will not be approved by the TRC. He does not want staff, whether County staff or WMPO staff, to think the Board does not trust what is being brought before it or value what staff does, because the Board does. He, for one, relies on staff to help him make informed decisions and understands that a project must follow the process to be built. Hearing no further discussion, Chair Rivenbark asked Ms. Schaefer 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. Schaefer responded that she wanted to proceed with the vote. Hearing no further discussion, Chair Rivenbark asked for direction from the Board. Motion: Vice-Chair Pierce 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 the district is more in line with the densities recommended for Urban Mixed Use areas, especially in growth nodes, than the existing residential zoning. The Board also finds approval of the rezoning request is reasonable and in the public interest NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 OCTOBER 2, 2023 REGULAR MEETING PAGE 18 because the development would provide a mix of housing types and an appropriate transition from the commercial node to the single-family residences to the south and west. The following proposed conditions are included as part of the approval: 1. Buildings will have a maximum height of three stories. Approval is subject to the applicant signing an agreement acknowledging the applicant’s consent to all listed conditions. If the applicant does not provide a signed agreement within seven (7) business days from the date of approval, then the rezoning application approval is null and void. Upon vote, the MOTION PASSED 4 TO 1. Commissioner Zapple dissented. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 4 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED April 7, 1971 is hereby incorporated as part of the minutes and is contained in Zoning Book I, Section 4, Page 128. QUASI-JUDICIAL PUBLIC HEARING AND APPROVAL OF A SPECIAL USE PERMIT REQUEST (S23-04) BY DOUGLAS GRANT, PROPERTY OWNER, FOR THE USE OF CAMPGROUND AND RV PARK AT THREE PARCELS LOCATED AT 8102, 8104, 8106 SIDBURY ROAD, ZONED R-15, RESIDENTIAL, AND TOTALING APPROXIMATELY 19.21 ACRES Chair Rivenbark opened the public hearing and announced that the SUP process requires a quasi-judicial hearing. Before the hearing is opened, the deputy county attorney will provide an overview of the hearing procedures. Deputy County Attorney Karen Richards stated that the SUP request is a quasi-judicial hearing and if called for a quasi-judicial hearing, the Board must find four elements as findings of fact, and they must be clearly stated on the record. Those four findings of fact must include that the use will not materially endanger public health or safety, the use meets all required conditions and specifications of the UDO, the use will not substantially injure the value of adjoining or abutting property, and the use will be in harmony with the area in which it is located and in general conformity with the County’s Comprehensive Plan. Staff has compiled information from the applicant that may or may not support these findings of fact and are stated in the agenda packet. The Board must state the reasons why the application does not meet the four findings if that is the decision. If the Board determines that any of the findings cannot be based on evidence that alone might be the basis for the denial. The Board only needs to find that the evidence does not support one finding not all four to deny the application. The Board has the authority to determine if the application should be approved or denied based solely on the competent and material evidence presented during the public hearing. The Board may also consider or may add conditions to the SUP as agreed upon. Chair Rivenbark stated that because the SUP process requires a quasi-judicial hearing, anyone wishing to testify must be sworn in. All persons who signed in to speak and wish to present competent and material testimony must be sworn in by the clerk to the board. He requested all persons who signed up to speak or who want to present testimony to step forward to be sworn in. Robert Farrell Matt Nichols Jimmy Fentress Rebekah Roth Douglas Grant Nancy Parrott Tim Lowe Don Bennett Kimberly Niggel Scott James James Cornette Kevin Hutson Kevin Hine Cal Morgan Chair Rivenbark further stated that a presentation will be heard from staff, then the applicant group and the opponent’s group will each be allowed fifteen minutes for presentations and an additional five minutes, if necessary, for rebuttal. He asked Development Review Supervisor Robert Farrell to start the presentation. Mr. Farrell presented the SUP request stating the site is in the 8100 block of Sidbury Road and based on aerial photography the site is currently wooded and bordered by single family residential to the north and south, an equestrian facility to the east, and state conservation land to the west. The parcels were originally zoned R-15 in the 1970s. At the time, the purpose of the district was to ensure housing densities remained lower due to the need for private wells and septic systems. Future County utilities will be extended to the area west of the future Hampstead Bypass due to NCDOT wetland mitigation land to the west, and the Seagreen Farms conservation land to the southeast. RV parks are permitted with a SUP in most low to moderate density residential districts to ensure they are appropriately evaluated for the specific site and surrounding uses. Section 4.3 of the UDO contains supplementary standards for RV parks that regulate the number and size of spaces, open space, setbacks, access, and requirements for Environmental Health approval of private wells and septic systems. The proposed concept plan is for a 66 space RV park that includes a maintenance building, a management office and laundry facility, a clubhouse with bathrooms and a pool, approximately half an acre of open space adjacent to a proposed stormwater pond, and four areas of the property that have been designated as the future septic areas. The applicant is also proposing an additional 50-foot vegetated buffer around the perimeter of the property. The property has direct, full access to Sidbury Road. The nearby Farm Road is an unimproved private right-of-way that does not provide access to the site. The future Hampstead Bypass has an anticipated completion date of 2030. The proposed project is located along an NCDOT secondary road that has available capacity. As currently zoned, the property could support a maximum of 48 dwelling units which would generate approximately 38 AM and 50 PM NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 OCTOBER 2, 2023 REGULAR MEETING PAGE 19 peak hour trips. The proposed project is estimated to reduce the estimated traffic generation by approximately half, which is below the ordinance requirement for a TIA. NCDOT driveway permit requirements must be met to address site access conditions before the project can receive a final certificate of occupancy. The Comprehensive Plan designates this property as Community Mixed Use and does not provide specific policy direction for the proposed use. One of the goals of the plan is to support business success and promote place- based economic development. The Community Mixed Use place type also states that typically large-scale, lower density commercial developments are incompatible with the place type which focuses on small scale, compact, mixed use development patterns that serve all modes of travel. Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi-family and single-family residential. Mr. Farrell concluded the staff presentation by stating that when the Board of Commissioners evaluates a request for approval during a quasi-judicial hearing, they must determine that the following four conditions are met:  That the use will not materially endanger the public health or safety if located where proposed and approved;  The use meets all required conditions and specifications of the UDO;  The use will not substantially injure the value of adjoining or abutting property, or the use is a public necessity; and  The location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. After an analysis of the proposed use and the information provided as part of the application package, staff have compiled the facts provided in the application, identified through technical review and analysis, and organized them by the applicable conclusion. The findings are preliminary and additional relevant facts may be presented during the public hearing. The compiled facts may or may not support the Board’s conclusion: 1. The use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. Conclusion: the preliminary findings generally address utilities, fire protection, access, environmental features, and traffic 2. The use meets all required conditions and specifications of the UDO. Conclusion: the findings address compliance with various ordinance requirements for RV parks which include the minimum number of spaces, minimum space size, setbacks, flood hazard areas, roadway standards, limited access for individual spaces, drainage, block length, number of driveways, restroom facilities, swimming pool health and safety requirements, internal directional signs, restroom health and lighting requirements, private water and sewer health requirements, minimum open space, hydrants, trash collection, maintenance offices, and a requirement to maintain a register of guests and their length of stay. 3. The use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. Conclusion: the findings address existing site conditions and land uses. 4. The location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. Conclusion: addresses the Comprehensive Plan. Chair Rivenbark thanked Mr. Farrell for the presentation and invited the applicant to make remarks. Matt Nichols, attorney with Law Office of Matt Nichols, representing the applicant and property owner Douglas Grant stated that the location is good for the proposed use and that Mr. Grant purchased the property in 2013. He lives towards the rear of the property and the proposed RV park is on approximately 19 acres at the front of his property. He does intend to continue living in his home and operate the RV park daily. Significant buffering is being provided along the residential area to the north. The site has very good internal access and circulation with no cul-de-sacs or dead end roads. None of the roads are intended to be closed. The proposed buildings are all one-story low impact low level buildings. He noted that the buildings are also significantly lower than would be seen within the R-15 District. The community meeting was held in May 2023 even though it was not required as part of the process. His client has agreed to the installation of a privacy fence along the entrance road at the front and placing the RV spaces more at the back of the property towards his home. His client is going to provide a 50-foot buffer along Farm Road, which is a private road, the NCDOT property, and the horse farm. His client is not maxing out the site with the RV spaces. The ordinance provides for a minimum of 2,000 square feet for the RV site and most of the sites, 55 of the 66 spaces, are 3,000 square feet. The intention is to have a high quality development. Also, the end of each RV space abuts the internal roadway with no direct access to any public roads. He and his client would respectfully contend that the project would serve a need that is good for the economy and local businesses. It is consistent and in line with the rural development patterns in the low density development in that facility. Mr. Nichols reviewed the conditions proposed and agreed to by his client: 1. 50-foot perimeter buffer as shown on the Special Use Permit concept plan. 2. No cabins or park model homes shall be permitted on site. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 OCTOBER 2, 2023 REGULAR MEETING PAGE 20 3. Maximum stay shall be thirty (30) consecutive days. 4. No RV storage shall be allowed on site. 5. One RV or mobile home may be allowed to be used as an office and/or residence of persons responsible for the operation and maintenance of the RV park. 6. All RV sites shall have individual connections to water, electric, and the internal septic system. Mr. Nichols reiterated that in an R-15 district, the minimum setback for the rear is 20-feet and the maximum building height is 40-feet. The benefits of the project would be restricted to the uses on site and subject to any conditions the Board puts on the SUP. Again, the conditions are essentially doubling or more than doubling the setback, the buildings are going to be significantly less than 40-feet tall, there is no impact on county schools, it is purely temporary use/recreational use, and it does support tourism and industry and the local economy as indicated in the staff report. While a TIA was not required nor conducted, a traffic study was completed, and he asked Mr. Bennett to report the findings. Mr. Bennett stated that a technical memorandum was provided and summarizes some of the concerns raised at the community meeting. One of those concerns was the trip generation and in staying consistent with the County staff report, his numbers are a bit different because of some different assumptions. There is a substantial reduction in trips between the proposed use and by-right use. As to the concerns about the ability of vehicles to ingress and egress the site, Sidbury Road’s estimated average daily trips are around 3,200 vehicles per day. NCDOT does not require a turn lane or any kind of improvement to the public roadway system until there are approximately 4,000 trips per day. While the need for turn lanes was not examined, sight distance was for all movements entering and exiting the site and was found to be more than the sight distance required. As the project goes through the NCDOT driveway permitting process, the sight distances will be reviewed again and may require additional sight distance triangles or easements for maintenance purposes through the process. Mr. Nichols stated that the Board has been provided with a letter from James Cornette regarding the septic system, a letter from the Davey Resource Group about the onsite soil evaluation for the wastewater systems, a 2014 forestry plan, and the report referenced by Mr. Bennett. Regarding the staff report, the property is not within a flood hazard zone and the County’s conservation resource map indicates no conservation resources present on the site. He and his client would contend that the proposed project meets all the requirements in the ordinance for the RV park as stated in the staff report. He then asked Cal Morgan with JC Morgan Company to provide an overview of the letter concerning the property values which has been provided to the Board. Mr. Morgan stated that he is a North Carolina Certified General Appraiser. He was engaged to conclude an opinion as to item 6-3 of the applicant’s SUP application, which states that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. To develop an opinion for this requirement he researched several RV parks and their surrounding properties. The analysis included reviewing the sales history and the sales prices of residential properties that are adjacent to existing RV parks. Then he compared that data to the sales history and the sales prices of similar residential properties in the same subdivision or on the same street that were not adjacent to the RV park. However, like the subject property, most RV parks are not adjacent to enough properties for any meaningful type of analysis to be completed. Based on the data that he reviewed, there is no indication that being located adjacent to the proposed RV park would have a negative impact on any of the property values of the six adjacent properties or any nearby property. Mr. Nichols concluded the applicant’s presentation by stating that he and his client would contend that the proposed project is in harmony and is in the Community Mixed Use place type. As mentioned at the beginning of the hearing, this is a quasi-judicial hearing, and the decision must be based upon the competent material substantial evidence in the record. He referenced a UNC-School of Government publication on quasi-judicial decisions noting that legislatively the Board must determine that the district is appropriate for the RV park and if it meets all the requirements, unlike a rezoning such as the first two items heard during this meeting. He and his client would contend that the proposed project does meet all the requirements in the ordinance for the issuance of the permit. Chair Rivenbark announced that two people signed up to speak in support and one person signed up to speak in opposition to the request and asked the speakers to provide their remarks. Kevin Hutson, a resident of Sidbury Road, Wilmington, NC spoke in opposition to the request stating that Mr. Grant and he share the same entryway. He shared his concerns about privacy and reported that Mr. Grant spoke with him last week and agreed to install an eight-foot privacy fence on the property by the driveway and leave his two accesses for his circular drive. He did voice concerns about the noise as well as possibly requiring guests to sign in when coming to visit and possibly including no trespassing signs on his property. He also noted that there are three other subdivisions coming online and there will be an increase in traffic. Chair Rivenbark stated that the applicant and opposition speakers each would each have five minutes to provide rebuttal remarks. In applicant rebuttal, Mr. Nichols stated that his client will honor the circular driveway access for Mr. Hutson. He understands there have been productive conversations between his client and Mr. Huston regarding the fencing and signage, which he does not see being an issue to accommodate. He also requested that the staff presentation, report, application, and handouts be admitted into the record. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 OCTOBER 2, 2023 REGULAR MEETING PAGE 21 In applicant rebuttal, Nancy Parrott, a resident of Sidbury Road, Wilmington, NC expressed her support for the proposed project stating that Mr. Grant has done his best to be a good neighbor. Her property abuts his property, and she has no issue with anything. In applicant rebuttal, Kimberly Niggel, a resident of Sidbury Road, Wilmington NC expressed her support for the proposed project and stated that she owns the equestrian boarding and riding facility. It is also home to the Coastal Therapeutic Riding Program. The purpose of the program is to provide adaptive equine therapies for those with special needs. Her property is directly adjacent to the proposed RV park, sharing about 1,000 feet of property line. She expressed her concerns in general about what is happening in her community with development coming to the area nor how she wants to be the next Gordon Road. Specifically, regarding the RV park, the concerns are the same as those with the Castle Hayne RV Park hearing. With slow moving vehicles entering and exiting close to the curve in the road there have been many accidents. She expressed her concerns about excessive noise, particularly fireworks, in the RV park as it will disturb the horses and trespassers causing disruptions to the animals. She reported that Mr. Grant has been a good neighbor and there is an agreement with him that he will enforce strict rules about noise and trespassing. He has also agreed to consider installing fencing if issues arise with trespassers. She has received his assurances that he intends the property to remain quiet and peaceful. Mr. Nichols responded to questions confirming that in terms of onsite management, he knows Mr. Grant will continue to live on site and provide 24-hour management. Hearing no further discussion, Chair Rivenbark closed the public hearing and opened the floor for Board discussion. Mr. Nichols responded to questions stating that the intent of the length of stay condition is not for a client to leave the site only to immediately return to stay another 30 days. He believes it would be a violation of the condition if someone leaves the site for five minutes and comes back. The condition is to prohibit long term usage and 30 days is what was taken away from the community meeting. His client does agree to the six conditions. Regarding the horse farm, there is an existing significant vegetative buffer between the two properties. He cannot say it is not a possibility of people going over to the farm, but his client does not want that to happen. His client and Ms. Niggel are good neighbors to each other, both uses could work together in a positive way, and that is the intent. Mr. Grant added that as he has expressed to his neighbors the RV park boundary areas will be clearly marked and if that is violated by guests, they will be removed from the property with no refunds. As to Mr. Hutson’s concerns, his house is closer to Sidbury Road than Mr. Grant’s driveway. Sidbury Road is a 55 mile-per-hour zone, and it will be a maximum of 10 miles per hour when people turn into the RV park. He does not feel that noise will be an issue. James Cornette with Applied Resource Management, P.C. responded to questions stating that his company did not perform the analysis the Davey Resource Group did, however, he visited the site, reviewed the maps and report. There are about seven acres of good soil on the property. It will take about 100 gallons of water per day per RV, so about 6,600 and the intention is to have three different clustered nitrification fields. What will be done is segregate into three different areas with three of the different good soils. Type three soil is a slightly clay loamy sand it will do fine with the plan. There will be at least two feet of soil separation up to 28-inches and with the seasonal high water table there is not an expectation of an issue. A low pressure pipe system will probably be used, it will work, and the permitting will be through engineered option permitting. Commissioner Scalise stated that it is nice to see neighbors working together to find a way to move forward with this proposed project. He stated that at the appropriate time, he would make a motion to approve the SUP. Hearing no further discussion, Chair Rivenbark asked Mr. Nichols if he agreed with the staff findings. Mr. Nichols responded that he agrees with the staff findings. Chair Rivenbark asked for the Board’s direction on the request. Motion: Commissioner Scalise MOVED, SECONDED by Commissioner Barfield to approve the permit as the Board finds that this application for a Special Use Permit meets the four required conclusions based on the findings of fact included in the Staff Report and additional evidence presented at the public hearing, subject to the following conditions agreed to by the applicant: 1. 50-foot perimeter buffer as shown on the Special Use Permit concept plan. 2. No cabins or park model homes shall be permitted on site. 3. Maximum stay shall be thirty (30) consecutive days. 4. No RV storage shall be allowed on site. 5. One RV or mobile home may be allowed to be used as an office and/or residence of persons responsible for the operation and maintenance of the RV park. 6. All RV sites shall have individual connections to water, electric, and the internal septic system. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of an order granting a Special Use Permit and listing the findings of facts and conditions is contained in SUP Book IV, Page 97. Also, a copy of the evidence submitted by the petitioner’s attorney is hereby incorporated as part of the minutes and is contained in Exhibit Book XLIX, Page 18.4. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 OCTOBER 2, 2023 REGULAR MEETING PAGE 22 PUBLIC COMMENTS ON NON-AGENDA ITEMS Chair Rivenbark stated that no one person signed up to speak under public comment. ADDITIONAL AGENDA ITEMS OF BUSINESS County Manager Coudriet reported on the upcoming Local Government Commission (LGC) meeting that will take place in Boone, NC where the County’s debt application will be considered for Project Grace. Three important points leading into the debt application consideration are that the staff findings indicated favorability, both Moody's and Standard and Poor's 500 reaffirmed the County’s triple A bond ratings, and sales tax collections are ahead of the estimated budget. County Manager Coudriet responded to questions regarding the funds stating that the County has the lowest property tax rate compared to 14 urban peer counties in the state. The Board chose two ways to utilize the Revenue Stabilization Fund (RSF). First, it reduced taxes by 2.5 cents, which is a 5% to 5.25% tax cut as it relates to the rate. Secondly, the RSF interest earnings have primarily been allocated to the community building program. Over the past two years, actions included allocating $1.2 million to nonprofit organizations for capacity building, with plans for a similar reprogramming this year. There is a school resource officer (SRO) in every elementary school which totals about $1.2 million. Additionally, the number of SROs has been increased for seven schools in the impact zone of focus. The Board approved funding and expanding pre-K programs. Interest proceeds are funding community, with the Board having the ability to use the corpus if necessary to offset the tax cut, which will be assessed at the end of the fiscal year. Based on the latest finance report, he anticipates the corpus will be maintained at the $300 million principal base. ADJOURNMENT There being no further business, Chair Rivenbark adjourned the meeting at 6:17 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.