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2023-11-06 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 NOVEMBER 6, 2023 REGULAR MEETING PAGE 40 ASSEMBLY The New Hanover County Board of Commissioners met November 6, 2023, at 4:00 p.m. in Regular Session in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present: Chair Bill Rivenbark; Vice-Chair LeAnn Pierce; Commissioner Jonathan Barfield, Jr.; Commissioner 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 Reverend Shelton T. Miles, St. Stephen AME Church, provided the invocation, and Commissioner Barfield 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 Scalise MOVED, SECONDED by Vice-Chair Pierce 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 October 16, 2023 Regular Meeting. Approval of September 2023 Tax Collection Reports – Tax The Commissioners approved the September 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 20.1. Approval of Release of the Levy for Tax Year 2012 - Tax The Commissioners approved the release of the levy for tax year 2013 as the 10-year statute of limitations prohibits the collector from using forced collection measures to collect the taxes. A copy of the release of the levy is hereby incorporated as part of the minutes and is contained in Exhibit Book XLIII, Page 20.2. Approval of Receipt of the New Hanover County Alcohol Beverage Control Board Fiscal Year 2023 Audited Financial Statements - Finance The Commissioners approved the receipt of the New Hanover County Alcohol Beverage Control Board Fiscal Year 2023 Audited Financial Statements. Adoption of Budget Amendments – Budget The Commissioners adopted the following budget amendments amending the annual budget ordinance for the fiscal year ending June 30, 2024: Strategy 24-030 Revenue Stabilization and Mental Health/Substance Use Disorder Funds 24-031 Copies of the budget amendments are hereby incorporated as part of the minutes and contained in Exhibit Book XLIX, Page 20.3. Adoption of Resolution Approving the Donation of a Fire Pumper to Cape Fear Community College Fire Rescue Program – Fire Rescue The Commissioners adopted the resolution approving the donation of the fire pumper to the Cape Fear Community College Fire Rescue Program and authorized staff to execute the required paperwork. A copy of the resolution is hereby incorporated as part of the minutes and contained in Exhibit Book XLIX, Page 20.4. REGULAR ITEMS OF BUSINESS CONSIDERATION AND ADOPTION OF OPERATION GREEN LIGHT IN SUPPORT OF VETERANS RESOLUTION Chair Rivenbark read the resolution into the record recognizing November 6 – 12, 2023 as Operation Green Light in support of veterans in New Hanover County. Commissioner Barfield spoke about his experience serving in the U.S. Navy and how the community is veteran rich and very supportive of its veterans. The work done by Veteran Services Director Betsy Graham and her NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 NOVEMBER 6, 2023 REGULAR MEETING PAGE 41 team should be commended every day and the Veterans Services Department stands far above any in the region. He thanked the veterans and their families for their service and sacrifice. Veterans Services Director Betsy Graham expressed appreciation to the Board for adopting the resolution. Commissioner Zapple reported that on Wednesday, November 8, 2023 the North Carolina Association of County Commissioners (NCACC) film “Veteran’s Battlefield” will be shown at 5:30 p.m. at Thalian Hall. He encouraged the community to see the film as it highlights the struggles of veterans who are dealing with physical, mental, and behavioral health issues and the work of various veteran organizations across the state. Commissioner Scalise commented on the importance of recognizing veterans and to thank them for their service. It means a great deal to them and their families to see a green light lit for them at residences and businesses. He asked that the community join in recognizing veterans in this manner. Hearing no further discussion, Chair Rivenbark requested direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Scalise to adopt the resolution recognizing November 6 – 12, 2023 as Operation Green Light in support of veterans in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as part of the minutes and contained in Exhibit Book XLIX, Page 20.5. CONSIDERATION AND APPROVAL OF WHITE ROAD CULVERT REPLACEMENT AND ADOPTION OF ASSOCIATED BUDGET AMENDMENT County Engineer Tim Lowe stated that White Road connects Gordon Road to the Courtney Pines and Quail Woods neighborhoods. The issue area is located strictly between Brittany Lakes Road and Courtney Pines Road towards the northern end of White Road. A majority of White Road is maintained by the North Carolina Department of Transportation (NCDOT) except for the segment that contains the culvert. The developer never turned it over to NCDOT. County crews performing post storm inspections after Hurricane Idalia found a large cavity along the roadway. Upon further investigation, substantial separation was found to be occurring between the pipe segments under the road to where the curb and roadway are completely compromised. The existing culvert currently consists of three pipes, approximately 36-inches in diameter. After a flood study was completed as part of the Military Cutoff Road extension project in partnership with NCDOT, it was determined the culvert should be much larger. Mr. Lowe provided the following overview of the proposed culvert replacement project noting that the new culvert will be an eight-foot tall by 24-foot wide aluminum arch:  White Road Culvert Replacement:  Site overview:  Current condition: Existing culvert under White Road:  Proposed culvert design:  Example culvert from NCDOT project: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 NOVEMBER 6, 2023 REGULAR MEETING PAGE 42  Project details:  Project status:  Project Survey and 30% design are complete  Utility coordination with Cape Fear Public Utility Authority (CFPUA) and Duke Energy has been initiated  Contracts with subconsultants for Geotechnical and Hydraulic analysis are underway  Estimate and timeline:  Current estimated cost is approximately $840,000  Estimated timeline is 12-18 months  Request actions:  Approval of the funding strategy for the project by adopting the proposed budget amendment  The current unrestricted fund balance in the Stormwater Services fund is estimated to be $697,148  The Budget Amendment proposes to loan $840,000 from the general fund to the Stormwater Services fund:  Five year term  Allows for continuation of all planned projects and maintenance activities to occur  Allows for fund balance to continue to build for potential future emergencies  Impacts to the equivalent rate unit (ERU) rate will be evaluated during the FY25 budget A brief discussion ensued regarding the funding for the proposed project and the need to relook at the stormwater services fee during the upcoming budget cycle. County Manager Coudriet confirmed in response to questions that the request is to borrow $840,000 from the general fund. Mr. Lowe responded to additional questions that discussions have started with the NCDOT district engineer about the process to turn over the 700-foot long section to NCDOT. Hearing no further discussion, Chair Rivenbark requested direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Zapple to approve the proposed funding strategy for the White Road culvert replacement project and adopt budget amendment 24-027. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of budget amendment 24-027 is hereby incorporated as part of the minutes and contained in Exhibit Book XLIX, Page 20.6. CONSIDERATION AND APPROVAL TO PURCHASE PROPERTY FOR THE GORDON ROAD FIRE STATION AND DECLARE CURRENT COUNTY PROPERTY AT 6102 GORDON ROAD AS SURPLUS Fire Rescue Chief Donnie Hall presented the request stating the Board is being asked to consider approving the purchase of 2.77 acres located at 4812 Gordon Road to build the new Gordon Road fire station. The phase one environmental survey has been completed, and staff have worked with NCDOT on the project. The 2.77 acres will not be impacted by the right-of-way acquisitions NCDOT is currently performing as part of the widening of Gordon Road. The parcel is suitable due to an access road that will be a part of the project that will connect to Gordon Road at its intersection with Harris Road. At the same time, the Board is also being asked to declare the property at 6102 Gordon Road as surplus. Chief Hall confirmed in response to questions that the subject site is a better location due to NCDOT needing frontage from the other property for the widening project. The light at the intersection will also help with Fire Rescue responding to calls. Hearing no further discussion, Chair Rivenbark requested direction from the Board. Motion: Commissioner Zapple MOVED, SECONDED by Commissioner Barfield to approve the purchase of the property at 4812 Gordon Road, including granting authority for the county manager and county attorney to execute all necessary documents for closing on the property and declare 6102 Gordon Road as surplus property. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING AND APPROVAL OF A STREET RENAMING REQUEST BY PORTERS NECK VILLAGE, APPLICANT, TO RENAME THE APPROXIMATELY 300-FOOT LONG PRIVATE ROAD PLANTATION DRIVE TO VILLAGE CENTER DRIVE (SN23-01) Development Review Supervisor Robert Farrell presented the request stating that the North Carolina General Statutes (NCGS) establish that the Board is required to hold a public hearing for any proposed change to an existing private road name. The statutes establish minimum procedures and public notice requirements including a NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 NOVEMBER 6, 2023 REGULAR MEETING PAGE 43 public hearing notice in the newspaper. The County goes a step further and provides mailed notice to any property owner along the roadway, however in this instance, the applicant is the sole property owner along the road. County staff also reviews proposed street names ahead of the public hearing to ensure the road name meets the road naming standards in the County’s addressing ordinance. The proposed name Village Center Drive complies with the County’s road naming requirements. The road under consideration is located along Porters Neck Road and serves as the primary entrance to the Porters Neck Village community, formerly known as the Plantation Village community. The private road is approximately 300 feet long. Currently, there are no properties with addresses off Plantation Drive and no other driveways or properties access the road. Mr. Farrell concluded the staff presentation stating that based on review of the proposed road name and compliance with the New Hanover County Addressing Ordinance, staff recommends approval of the proposed name change to Village Center Drive. Chair Rivenbark thanked Mr. Farrell for the presentation, announced that no one signed up to speak in favor or in opposition to the request, and closed the public hearing. Hearing no further discussion, Chair Rivenbark asked Alyssa Paquin, Porters Neck Village Human Resources Director 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. Paquin responded that she wanted to proceed with the vote. Hearing no further discussion, Chairman Rivenbark asked for the Board’s direction on the request. Motion: Commissioner Scalise MOVED, SECONDED by Commissioner Zapple, to approve the renaming of Plantation Drive to Village Center Drive as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the order is hereby incorporated as part of the minutes and is contained in Exhibit Book XLIX, Page 20.7. PUBLIC HEARING AND DENIAL OF A REZONING REQUEST BY CINDEE WOLF WITH DESIGN SOLUTIONS, APPLICANT, TO REZONE APPROXIMATELY 1.63 ACRES ZONED R-15, RESIDENTIAL LOCATED AT 6218 CAROLINA BEACH ROAD TO (CZD) B-2, REGIONAL BUSINESS FOR A RENTAL TRUCK OFFICE AND WAREHOUSING FACILITY (Z23-18) Development Review Planner Wendell Biddle presented the rezoning request stating the site is located at 6218 Carolina Beach Road and has been zoned R-15 since 1971. At that time, the purpose of the district was to ensure that housing served by private septic and wells would be developed at low densities. Since then, the Carolina Beach Road corridor has experienced a transition to higher density residential and mixed commercial districts. Based on the current zoning map, this subject parcel is situated in an area with multiple zoning districts in the vicinity. There are higher density developments to the west and south, Sellars Cove and Beau Rivage Planation, respectively. The proposed development consists of moving truck and moving equipment rental and the warehousing of portable storage containers. Mr. Biddle provided an overview of representative development in the unincorporated County and City of Wilmington limits like the applicant’s proposed warehousing of portable storage containers. As illustrated by the applicant’s concept plan, the proposed development is directly located off Carolina Beach Road. On-site, there is an existing single-family residence that, prior to development, will be removed and the two accessory structures will remain as part of the proposed development. The structures will serve as a moving truck rental office and a supply storage space. The applicant will be adding a 3,200-square-foot warehouse to store the associated storage containers. Each container is designed to provide temporary storage and can be transported from the site to a customer’s location and then returned. The site is currently served by a septic and well. Mr. Biddle provided an overview of the proposed location for the stormwater pond. Enveloping the lot is a combination of easements and buffer yards. The existing 10-foot wide utility easement runs parallel to the northern property line. The southern property line will consist of a 20-foot wide vegetative bufferyard. The applicant has also conditioned a 20-foot wide public access way along Carolina Beach Road for future bike and pedestrian access easement. Additional use standards are enforced when commercial projects are adjacent to residential lots. In this case, a rear setback of 35-feet is required by the Unified Development Ordinance (UDO) to function as a buffer between the proposed development and the Sellars Cove community. The applicant has conditioned that said setback it will also consist of an enhanced Type A opaque buffer consisting of three rows of evergreen shrubs and an additional two rows of staggered evergreen trees that are anticipated to grow a minimum of 15 to 20 feet tall. A single driveway will provide access to the site. Entering and exiting will consist of a right hand in and a right-hand out. As to site access, within 800-feet, there are two points for travelers to make a U-turn along the corridor. To the south of the parcel, there is a traffic light where Cathay Road meets Carolina Beach Road. The site’s single access point does not include the private accessway that is Condo Club Drive which is used specifically for the residents of Sellars Cove. Nearby there is one approved subdivision under development and one State Transportation Improvement Program (STIP), which are detailed in the staff report. If developed within the site’s current zoning district, a maximum density of four single family dwelling units would be permissible, generating approximately three AM and four PM peak hour trips. Per the Wilmington Metropolitan Planning Organization (WMPO) the use intensity listed, mini warehouse/small office building, is expected to generate an estimated one AM and one PM peak hour trips. As this rezoning’s estimated traffic generation is under the 100 peak hour trip threshold, a traffic NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 NOVEMBER 6, 2023 REGULAR MEETING PAGE 44 impact analysis (TIA) is not required. 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 Carolina Beach Road corridor, the parcel is less likely to be further developed residentially. Nearby commercial development includes a restaurant, grocery store, and other community level service uses. On July 17, 2023, the Board of Commissioners adopted a new strategic plan for Fiscal Years 2024- 2028. This plan focuses on three core areas: workforce and economic development, community safety and wellbeing, and sustainable land use and environmental stewardship. The proposed B-2 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. The 2016 Comprehensive Land Use Plan (Comprehensive Plan) designates the property as 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. The Planning Board considered the application at its October 5, 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 because the proposed limited commercial uses are generally encouraged in the Community Mixed Use place type and would serve nearby existing and future residential developments. The recommended approval includes conditions. Staff recommends altering condition one from “any vehicle rental will be ancillary to the uses described” to “Uses shall be limited to Offices for Private Business and Professional Activities and Warehousing with associated moving truck and moving equipment rental.” Staff believes that this amendment to condition one better encompasses the full intent of the proposed project. Staff recommends that condition four also be amended to replace the term PODS, to not specify any one type of storage company. The proposed conditions are a combination of applicant, staff, and Planning Board considerations of the proposed development: 1. Uses shall be limited to Offices for Private Business and Professional Activities and Warehousing with associated moving truck and moving equipment rental. 2. A minimum of 20-foot-wide dedicated public access easement shall be required extending from the northern property line to the southern property line parallel to Carolina Beach Road. Adjustments to the location of the easement along Carolina Beach Road may be approved administratively by Planning staff due to landscaping, tree preservation, driveway access, or utility requirements. 3. No commercial RV or boat storage shall be permitted on site. 4. No outdoor storage of portable storage containers shall be permitted on site. 5. The warehouse structure's maximum allowed building height is 25-feet. 6. 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 glare are not directed at adjacent property(ies), neighboring areas, or motorists. Light posts shall be no taller than twelve (12) feet. 7. The entire 35-foot-wide setback behind the building shall be reserved as a buffer yard. No activities shall occur in that area. Two (2) staggered rows of Leyland Cypress or some other evergreen shrub that grows a minimum of 15 to 20 feet in height will be planted along the rear boundary in addition to the prescribed Type A opaque buffer, option 1 requiring a minimum of three (3) rows of evergreen shrubs that shall be a minimum of six (6) feet in height and provide full visual opacity within one (1) year of planting. 8. Any security fencing will be placed on the property owner's side of buffer. 9. Dumpsters will be located centrally near the administrative office. In conclusion, Mr. Biddle stated should the rezoning be approved, the development of the site will be subject to additional development review to ensure all land use regulations are met. Mr. Biddle stated in response to questions that the easement for the future development of a multi-use trail is proposed to be 20-feet wide. It is not a requirement, but there is a strong request for applicants to consider incorporating the easement to help people navigate Carolina Beach Road. Chair Rivenbark thanked Mr. Biddle for the presentation and invited the applicant to make remarks. Cindee Wolf with Design Solutions, on behalf of property owner Shirley S. Norris and a potential developer, provided the applicant presentation highlighting that Carolina Beach Road sees frequent requests for new, denser residential and business developments. Traffic congestion is always a concern in the area. The properties to the north are already zoned B-2, allowing for various uses as permitted by-right in that district. The subject parcel was subdivided in 2003, creating Sellars Cove in the rear and Ms. Norris continues to reside on the front tract, which includes her home and several accessory buildings. A buffer yard was established between the single-family home and the adjacent multifamily development along the entry road that was accomplished with a three to four-foot high earthen berm and evergreen screening vegetation to provide visual capacity higher than the standard six-foot. The proposal is for a moving vehicle and rental equipment business. There was a change in the project's verbiage to clarify that it is not limited to a specific company like U-Haul, but rather represents a description that everyone can NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 NOVEMBER 6, 2023 REGULAR MEETING PAGE 45 understand. Comparable companies include Penske, Enterprise, Budget, and Hertz, which offer truck and moving vehicle rentals, as well as temporary box storage. The existing house will be demolished, while the accessory buildings will be renovated for use as the business office and storage. There will be no vehicle repair or hazardous materials involved. A future phase includes a warehouse for the boxes. It is not a self-storage facility; boxes are delivered to homeowners, filled, picked up, and returned by an employee using a flatbed truck with rollers. There is no public access, and the project is not expected to generate significant traffic. The entry drive will be permitted by NCDOT and whatever safety improvements deemed necessary will have to occur before the business can occupy the site. There is a full turn lane, and the facility will be 80-feet beyond the taper that gets to that full turn lane. There are only a handful of employees at any time and customer pickup/drop off is during normal business hours. The field survey, which was part of the more detailed site plan shows that the site drains away from the rear boundary and towards the northern side of the tract. A stormwater pond will be installed to address the water quality in detention for stormwater permits. Ms. Wolf addressed concerns expressed by opponents about industrial calamities and the public’s poor driving skills. The proposed use is different from industrial operations and does not involve noisy forklifts. For her, the primary concerns of the Sellars Cove residents are visual screening and separation of uses. The adjacent property to the north is already zoned straight B-2, with some less desirable uses, while Sellars Cove has buffer requirements. Those buffers must remain, and the existing vegetation exceeds the minimum screening height. Her client has no control over those areas. The proposal incorporates fast-growing evergreen plantings, lighting conditions, and an extended buffer to address the concerns. The stormwater management plan will address water quality and retention requirements. With the adjacent condominium building being three stories to the full permitted height at that time, at 35-feet all the views cannot be totally screened out over the track. Ms. Wolf stated that the request is consistent, reasonable, and in the public interest. The Community Mixed Use place type acknowledges the types of uses that are proposed as services that are compatible with the tract’s proximity along Carolina Beach Road. The proposal provides the form and function of an underutilized site and maximizes desired land use efficiency. It is also good economic development and increases the tax base. Ms. Wolf stated in response to questions that there are 30 to 35 delineated parking spaces for rental trucks of various sizes. The Sellars Cove residents on the third story would look out at the warehouse building but not the garage doors which would be facing east towards Carolina Beach Road. New trees would be installed, something like Leyland Cypress that would grow 15 to 20 feet and the normal six-foot evergreen buffer would be installed, and that would be in addition to what is already on the Sellars Cove property. A brief discussion ensued about the site plan and proposed business. Ms. Wolf responded to questions stating that the elevation drop from the Sellars Cove condominium building is approximately 44 to 45 feet, which is the beginning of the downhill to the subject site with its low spot in the 42-foot range. She provided an overview of the vehicle types that would be part of the business, explaining that there is no reason for a tractor trailer to come into the site, and if the Board would like to include a condition for the trucks to not be left idling that would be acceptable. It would be one box on one truck that would come and go from the site. The retention pond emergency outlet would be on the north side towards Carolina Beach Road as the topography goes to the northeast corner. The flow will not be towards Sellars Cove, and there is a berm that would provide protection along with the soils being extremely sandy in this part of the Couty. There is water and sewer at the front of the site, and hooking up to the sewer is an option for the front, but well water is fine. If the existing septic system cannot be recertified, there is no reason to do so, hook up would be to sewer. All buffers are outside the security fencing. Gating for the facility has not been discussed at this point, it would have to have a dedicated stem length from Carolina Beach Road into the site which would be coordinated through the NCDOT driveway permitting process. Ms. Wolf acknowledged that she misspoke during her presentation and corrected her earlier statement about parking that there are up to 37 spaces. Smaller spaces could be used but what is shown on the site plan is the extent of how the lot would be laid out. There is some variation. The proposed plan will have to go through the technical review committee (TRC), and there is more control because the request is for a conditional district. Additional discussion ensued about the quantity of parking spaces and proposed landscaping. Ms. Wolf explained in response to questions that the parking spaces are 10-feet by different depths of spaces. Vehicle size will drive the number that can fit, and the site plan shows approximately 22 spaces. Parking will not be permitted in non- paved areas. There will be a landscaping requirement to supplement whatever existing vegetation is on Ms. Norris’ property, and her client is prepared to provide a six-foot high buffer for the property boundary. Chair Rivenbark announced that no one signed up to speak in support and two people signed up to speak in opposition to the request and asked the speakers to provide their remarks. Alissandra Diaz, resident of Condo Club Drive, Wilmington, NC spoke in opposition, stating that she is a resident of Sellars Cove and provided a PowerPoint overview reflecting in pictorial form the Sellars Cove residents’ concerns with the proposed request. She acknowledged that there has been some confusion about the information received. Initially, the Sellars Cove community was informed that the facility was going to be a U-Haul facility, but now there is mention of PODS. While not fully certain about the details, on the site plan the warehouse is labeled as a U-Box warehouse, and U-Box containers typically require a forklift for handling. Her research from the U-Haul website shows that the trucks come in various sizes, with the largest being up to 48 to 53 feet. Taking that information into consideration in conjunction with the road conditions along Carolina Beach Road, particularly in the area where vehicles tend to speed up, it raises concerns about deceleration and braking. The turning radius of said trucks would pose issues when utilizing the U-turn at Cathay Road. The end of the driveway for Sellars Cove serves as a bus stop for children of all ages and questions have been raised as to who will be held responsible when one of the moving trucks slams into a bus full of children. Residents also raised concerns about the stormwater pond's NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 NOVEMBER 6, 2023 REGULAR MEETING PAGE 46 location relative to the Sellars Cove swimming pool in terms of overflow, the potential noise from trash dumpsters for which a location has not been shared and can be loud which impacts the quality of life, and the number of parking spaces compared to the expected number of trucks, as well as the safety of the driveway, which is next to the proposed facility's entrance. She provided an overview of accidents in the vicinity and in reviewing the North Carolina Highway Safety Plan 2023, the area is only on track for three out of 13 performance measures. The subject area also does not appear to be on the list of improvements, which raises questions about the need for another development in the already congested area. She concluded her presentation stating that she and her neighbors strongly believe that placing a U-Haul center or similar facility on the subject site is unnecessary and redundant as there are already similar facilities nearby. There is a need to keep the subject site residential and keep the community safe, and if the Board were to approve the request, it would put the Sellars Cove residents and surrounding neighbors in danger. Melanie Ferrera, resident of Condo Club Drive, Wilmington, NC spoke in opposition, stating that she is on the back end of the Sellars Cove building that will see the project and clearly hear the activity from her unit. She agreed with Ms. Diaz’s comments and the subject site needs to remain residential. Chair Rivenbark stated that the applicant and opposition speakers would each have five minutes to provide rebuttal remarks. In applicant rebuttal, Ms. Wolf expressed her apologies for misstating the number of parking spaces and noted that any good business is going to maximize the use of the property being developed. However, the key is the paved area is being defined which is part of running a good business and the technical standards of that business. The conditional district does limit the developer from having parking on the streetyard, back in the septic field, and anything behind the POD warehouse based upon the conditions of approval. The berm along the western boundary does wraparound the northwest corner adjacent to the pool. The pool is technically above the elevation of the pond. There are rules and regulations for how the pond must be designed, and its outlet overflow direction is towards the northeast corner of the site. Maintenance of the vehicles is by contract with an off-site vehicle repair business. If trucks needed to be washed down, that could be done off-site as well. If done on-site, it would still be over the top of the pavement, and therefore that runoff water would go to the stormwater pond because any runoff onto the surfaces of the project is required to be detained in the stormwater pond. She cannot address bad driving skills, but that does not preclude any use of any land in the community. In opposition rebuttal, Ms. Ferrera stated that she wants the Board to promise that there will not be any damage to her building because Sellars Cove is still recovering from builder defects. She knows that once the construction starts, rodents will come over to the building and she will no longer be able to open her windows because of the dirt and grime caused by the trucks. She asked the Board to deny the request. There being no further speakers, Chair Rivenbark closed the public hearing and opened the floor to Board discussion. Commissioner Barfield stated that he takes into consideration the location and impact on surrounding areas for requests such as this and storage facilities. He provided a brief overview of how he has voted over the years for these type requests. The challenge he has with this request is the 25-foot building at the rear of the property and what will be seen from surrounding residents’ windows. When selling a property, the seller needs to be cognizant of the unintended impacts created by those who would buy the property, especially if the person still owns an adjacent parcel. He then spoke on how development in other areas of the County has affected surrounding neighborhoods. He stated he could not support the project. While he recognizes the need for storage facilities, for him, it must be the right location. He does not think the subject site is the right location with a 25-foot building that backs up to people's backyards. He would not want to look out his back window and see a building of that sort. Commissioner Zapple stated that what catches his attention is the lack of additional traffic that the business would cause for Carolina Beach Road. The Board has had many debates about the hundreds of apartments that have been approved along Carolina Beach Road. In this situation, it is inevitable that the first layer of Carolina Beach Road will not be reserved for residential. The commercial and retail along Carolina Beach Road may not be the most desirable use, but it is not going to be adding more traffic. He does not believe the subject site will remain as R-15, Residential, and believes it will be a business, possibly one of the types of Ms. Wolf spoke about. He thinks the applicants have added a lot of conditions, trying to be as sensitive as possible. While the 25-foot building in the back will make a difference, he is more concerned about what could be built. He thinks that the planned Type A opaque buffer will be very helpful in both sound as well as visual and the rest of the conditions are going to really help mitigate many of the concerns. He knows it is not what the neighbors want, but change is happening along Carolina Beach Road, and this project is possibly better than what could be built. Chair Rivenbark stated that the County is experiencing its population aging, they are selling their homes, and renting smaller places that cannot hold all their belongings. They then rent storage units. Each time an apartment complex is built, there is a storage facility nearby. He cannot imagine any houses on the subject site. He thinks when Sellars Cove was being developed another building for it should have been put on the subject site. Vice-Chair Pierce stated the entrance to Sellars Cove, even though it is not owned by the developer, is between that and the Beau Rivage subdivision. She thinks it will be much higher intensity than is thought and there is already a lot of traffic in the area. For her, rezoning something from residential to a business, such as what is being proposed, is probably not what she would want to see as the highest and best use for it. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 NOVEMBER 6, 2023 REGULAR MEETING PAGE 47 Commissioner Barfield stated that he does recognize that commercial use is probably going to take place on the subject site, but he does not think what is proposed is the correct commercial building. If not, there can also very easily be some townhomes built on the subject site, but he does not see residential stick built homes on it. Ms. Wolf confirmed in response to questions that it will not be a traditional storage facility. It is a vehicle rental facility, not a storage facility, with no public access. The driveway will be reviewed by the TRC as well as NCDOT during the driveway permitting process. The subject site’s driveway is at the northern part of the tract. It is on a full lane and happens to include a turn lane. The turn lane is exclusive to Sellars Cove and goes all the way to Cathay Road. The distance to the Sellars Cove driveway from the subject site’s driveway is approximately 80-feet. A brief discussion ensued regarding the driveway distances. WMPO Engineering Associate Jamar Johnson stated there is no specific distance between driveways on Carolina Beach Road or similar large thoroughfares. Driveway spacing is not something NCDOT heavily regulates. He further stated that the distance from the center of Condo Club Drive to the center of the driveway for the proposed development is 157-feet. He is unable to state if the WMPO would recommend the proposed driveway. He did confirm that there have been other projects that have been approved for an equal distance or less. WMPO Transportation Planning Engineer Scott James stated that the minimum separation between adjacent driveways is 75-feet. If it is closer, NCDOT would encourage utilizing a shared driveway. It applies to any roadway under review by NCDOT, and the objective would be to minimize conflicting movements. If the front edge is narrow, NCDOT would go for the maximum available distance if a shared driveway were not achievable and cannot deny access. Hearing no further discussion, Chair Rivenbark closed the public hearing and 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 Scalise MOVED, SECONDED by Commissioner Barfield, to deny the proposed rezoning. While the Board finds it to be consistent with the purposes and intent of the Comprehensive Plan because the proposed limited commercial uses are generally encouraged in the Community Mixed Use place type and would serve nearby existing and future residential developments. The Board finds recommending denial of the rezoning request is not reasonable and in the public interest because the proposal is not similar in use to other nearby uses and would not serve as an appropriate transition between adjacent land uses. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC COMMENTS ON NON-AGENDA ITEMS Chair Rivenbark stated that two people signed up to speak under public comment and invited the people to provide remarks. Mamie Carlos, resident of Foys Trail, Wilmington, NC spoke on Scotts Hill/Kirkland community’s need for assistance with water supply issues. The community consists of approximately 67 homes and is surrounded by growing infrastructure in the northern area. She and the residents are seeking help, possibly through grant funding or financial assistance, to address the water needs. The community has a significant senior and retiree population, accounting for 40% of residents. The water source is located 300-feet away from the main water line, with Ms. Carlos’ home being 100-feet from the water line. Despite being surrounded by new developments and being a quarter of a mile from a hospital, the community has not experienced growth and continues to face water-related challenges. There have been health issues such as cancer cases, and the inability to drink water. Some residents have experienced problems with wells running dry. The community believes that they should have the opportunity to grow and receive assistance, given the development happening in the County. She mentioned that assistance was previously available from the Planning Department, to receive support for sewer infrastructure through a state grant, benefiting seniors in the community. The request is to have that assistance again, either from the state or the Planning Department, to address the water supply issues and improve living conditions. County Manager Coudriet confirmed to the Board that he would have staff investigate the issue. Bonnie Maurray, resident of Stephens Church Road, Wilmington, NC spoke on the Scotts Hill/Kirkland Community and stated that based on the Board’s discussion, she does not have anything to add. She expressed appreciation to the Board for its willingness to work with the community. ADDITIONAL AGENDA ITEMS OF BUSINESS Commissioner Barfield stated that the County has started a pilot program to help communities, particularly with water issues. The pilot program started with the Rock Hill community off Castle Hayne Road. Approximately 70 homes that were affected by PFAS contamination in the wells will receive assistance to connect to the Cape Fear Public Utility Authority (CFPUA) service. It has been determined that there are several communities like the Scotts Hill/Kirkland community that have water and sewer services available all around them but are not connected to the service. The goal is to fill the gaps to help either by federal or state grants or local resources. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 NOVEMBER 6, 2023 REGULAR MEETING PAGE 48 Commissioner Scalise commented that this issue is recognized by the full Board as well as colleagues at the state level that this an issue that needs to be addressed. The Board is working hard to get clean water to the residents who are on some of the contaminated wells in the northern part of the County. Commissioner Zapple recommended that if residents’ wells have not been tested for PFAS, to reach out to Chemours to have the testing done under the consent order. If the well(s) are found to be contaminated, it may open more funding options. He also provided a brief overview of the prioritization study that the County and CFPUA are working on to identify the worst areas in the County. Consideration and Adoption of Resolution and Budget Amendment 24-032 regarding Tax Parcel ID R04916-003- 003-000 County Manager Coudriet stated the Board is being asked to consider a resolution to exercise eminent domain for Tax Parcel ID R04916-003-003-000 for a public use as well as the associated budget amendment 24-032 for $2.36 million for the purchase of said parcel. He asked that the resolution be read into the record. Chair Rivenbark read the resolution into the record and upon hearing no further discussion, requested direction from the Board. Motion: Commissioner Zapple MOVED, SECONDED by Commissioner Barfield, to adopt the resolution and budget amendment 24-032 as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XLIX, Page 20.8. Vice-Chair Pierce encouraged citizens to exercise their right to vote in the municipal elections on Tuesday, November 7, 2023. ADJOURNMENT There being no further business, Chair Rivenbark adjourned the meeting at 5:50 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.