2023-12-11 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36
DECEMBER 11, 2023 REGULAR MEETING PAGE 62
ASSEMBLY
The New Hanover County Board of Commissioners met December 11, 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
Chief Diversity and Equity Officer Linda Thompson provided the invocation and Commissioner Zapple led
the audience in the Pledge of Allegiance to the Flag.
ELECTION OF CHAIR AND VICE-CHAIR FOR THE ENSUING YEAR
Members present: Commissioner Jonathan Barfield, Jr.; Commissioner LeAnn Pierce; Commissioner Bill
Rivenbark; Commissioner Dane Scalise; and Commissioner Rob Zapple.
County Attorney Smith opened the floor to receive nominations for Chair of the Board of County
Commissioners for the ensuing year.
Commissioner Barfield nominated Commissioner Rivenbark. Commissioner Scalise seconded the
nomination.
There being no further nominations, County Attorney Smith declared the nominations closed and called for
a vote on the nomination.
Vote Results: The Board voted UNANIMOUSLY to elect Commissioner Rivenbark to serve as Chair of the New
Hanover County Board of Commissioners for the ensuing year.
County Attorney Smith opened the floor to receive nominations for Vice-Chair of the Board of County
Commissioners for the ensuing year.
Commissioner Scalise nominated Commissioner Pierce. Commissioner Zapple seconded the nomination.
There being no further nominations, County Attorney Smith declared the nominations closed and called for
a vote on the nomination.
Vote Results: The Board voted UNANIMOUSLY to elect Commissioner Pierce to serve as Vice-Chair of the New
Hanover County Board of Commissioners for the ensuing year.
BOARD SEATED FOR 2023-2024
Members present: Chair Bill Rivenbark; Vice-Chair LeAnn Pierce; Commissioner Jonathan Barfield, Jr.;
Commissioner Dane Scalise; and Commissioner Rob Zapple.
APPROVAL OF CONSENT AGENDA
Chair Rivenbark requested a motion to approve the Consent Agenda as presented.
Commissioner Barfield requested Consent Agenda Item #3: Approval of Legion Stadium Turf Replacement
be pulled for further discussion. He thanked the Board, the City of Wilmington, and the school board for working
together to replace the turf at Legion Stadium.
Commissioner Zapple requested Consent Agenda Item #2: Adoption of Budget Amendments be pulled for
further discussion. For budget amendment (B/A) 24-025, Parks and Gardens Director Tara Duckworth confirmed the
request to roll the $13,000 from the Trails End project to the Long Leaf Park project for the construction portion. For
B/A 24-037, Public Health Director Jonathan Campbell confirmed that the Healthy Opportunities – Healthy Home
Goods and Nutrition Education programs ended in May 2023. For B/A 24-038, Mr. Campbell confirmed there is no
cost to the citizens as the funds were awarded from the NC Department of Public Health to repair, renovate, or
purchase new mosquito control equipment and track mosquito populations.
Commissioner Zapple requested Consent Agenda Item #5: Adoption of Resolution to Dispose of Surplus
Property According to Procedures Outlined in North Carolina General Statute Chapter 160A-Article 12 be pulled for
further discussion. He encouraged nonprofit organizations to inspect the surplus property for potential purchase
prior to the items being sold at auction.
Motion: Commissioner Scalise MOVED, SECONDED by Commissioner Barfield to approve the items on the Consent
Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36
DECEMBER 11, 2023 REGULAR MEETING PAGE 63
CONSENT AGENDA
Approval of Minutes – Governing Body
The Commissioners approved the minutes of the November 20, 2023 Regular Meeting.
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:
Health and Human Services (HHS) – Social Services 24-026, 24-029
Parks and Gardens 24-035
Fire Rescue 24-036
HHS – Health 24-037, 24-038
Sheriff 24-039, 24-040, 24-041, 24-043
Copies of the budget amendments are hereby incorporated as part of the minutes and contained in Exhibit
Book XLIX, Page 22.1.
Approval of Legion Stadium Turf Replacement Funds Transfer and Adoption of Budget Amendment - Budget
The Commissioners approved the Board of Education's request to transfer $230,000 from the underground
storage tank removal project to fund the replacement of the turf at Legion Stadium and adopted budget amendment
24-044 to fund the County’s portion of the turf replacement.
A copy of the budget amendment is hereby incorporated as part of the minutes and contained in Exhibit
Book XLIX, Page 22.2.
Adoption of Revision to the Board Resolution to Direct the Expenditure of Opioid Settlement Funds – Strategy
The Commissioners adopted the revised opioid settlement fund resolution.
A copy of the resolution is hereby incorporated as part of the minutes and contained in Exhibit Book XLIX,
Page 22.3.
Adoption of Resolution to Dispose of Surplus Property According to Procedures Outlined in North Carolina General
Statute Chapter 160A-Article 12 – Facilities Management
The Commissioners adopted the resolution declaring property as surplus and authorizing sale of equipment
electronically using GovDeals or disposal by any other method authorized by state law.
A copy of the resolution is hereby incorporated as part of the minutes and contained in Exhibit Book XLIX,
Page 22.4.
Approval of October 2023 Tax Collection Reports – Tax
The Commissioners approved the October 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 22.5.
Adoption of Public Officials Bond Resolution – County Attorney
The Commissioners, per NC General Statute 58-72-20, adopted a resolution approving the Surety Bond for
the Chief Financial Officer, Sheriff, Register of Deeds, and Tax Collector. The designation of approval is incorporated
within the respective bond in its entirety.
A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XLIX,
Page 22.6.
First Reading: Approval of Solid Waste Franchise for Luuver LLC DBA MobileDumps – County Attorney
The Commissioners approved the first reading to authorize the issuance of a solid waste franchise
agreement to Luuver LLC DBA MobileDumps. A second reading is required.
Adoption of Resolution to Join the American Flood Coalition – County Manager
The Commissioners adopted a resolution recognizing the need to advance national solutions to sea level
rise and flooding and will work as a member of the American Flood Coalition to safeguard the welfare of New
Hanover County residents.
A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XLIX,
Page 22.7.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36
DECEMBER 11, 2023 REGULAR MEETING PAGE 64
REGULAR ITEMS OF BUSINESS
CONTINUANCE OF REZONING REQUEST (Z23-21) - REQUEST BY RONALD CARLOCK WITH CIP CONSTRUCTION
COMPANY, APPLICANT, TO REZONE APPROXIMATELY 33.54 ACRES ZONED R-15, RESIDENTIAL, B-2, HIGHWAY
COMMERCIAL, AND I-1, LIGHT INDUSTRIAL LOCATED AT 8138 MARKET STREET TO (CZD) RMF-M, RESIDENTIAL
MULTI-FAMILY MODERATE HIGH DENSITY FOR A MAXIMUM 348 SINGLE FAMILY ATTACHED DWELLING UNITS
Chair Rivenbark stated that the Board has received a request to continue Regular Agenda Item 16: Public Hearing
for Rezoning Request (Z23-21) by Ronald Carlock with CIP Construction Company, applicant, to rezone approximately
33.54 acres zoned R-15, Residential, B-2, Highway Commercial, and I-1, Light Industrial located at 8138 Market Street
to (CZD) RMF-M, Residential Multi-Family Moderate High Density for a maximum 348 single family attached dwelling
units. He asked Planning and Land Use Director Rebekah Roth to provide information on the continuance request.
Ms. Roth stated that staff received the continuance request this morning to have the matter heard during the
January 8, 2024 meeting. He then invited the applicant representative, Allison Engebretson with Paramounte
Engineering, to present her reason for the continuance request.
Ms. Engebretson confirmed that the request is to continue the matter until the January 8, 2024 meeting.
She responded to questions stating that the reason for the late request is that information was received late Friday
afternoon and over the weekend from neighbors and the team feels it is important to provide additional information
to those neighbors before presenting the application request to the Board. She and her team will be discussing the
information with Ms. Roth and her team.
A brief discussion ensued about the continuance request. Commissioners encouraged Ms. Engebretson to
address the concerns and outstanding questions received from the neighbors prior to the January meeting.
Hearing no further discussion, Chair Rivenbark asked for Board direction.
Motion: Commissioner Scalise MOVED, SECONDED by Commissioner Barfield to approve the request to continue
rezoning request (Z23-21) by Ronald Carlock with CIP Construction Company, applicant, to rezone approximately
33.54 acres zoned R-15, Residential, B-2, Highway Commercial, and I-1, Light Industrial located at 8138 Market Street
to (CZD) RMF-M, Residential Multi-Family Moderate High Density for a maximum 348 single family attached dwelling
units to the January 8, 2024 regular meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY.
RECOGNITION OF BILL VASSAR FOR HIS SERVICE TO THE COMMUNITY AND THE FILM INDUSTRY
Chair Rivenbark recognized Bill Vassar for his service as an appointee on the Wilmington Regional Film
Commission, Inc. from April 2008 until October 2024. His service to the community in this capacity has been
invaluable. He noted that with the recent purchase of EUE/Screen Gems Studios by Cinespace Studios, Mr. Vassar
will be retiring at the end of this year after 25 years of service as the EUE/Screen Gems Studios Executive Vice-
President.
Commissioner Barfield expressed appreciation to Mr. Vassar for his contributions to help the film industry
grow and flourish in the community. He wished Mr. Vassar all the best.
Commissioner Zapple expressed appreciation to Mr. Vassar for his support of the County and the City of
Wilmington and for his contributions to the community to grow the film industry in the region.
City of Wilmington Mayor Saffo expressed appreciation to Mr. Vassar for his public service to the
community and region. He commented on Mr. Vassar's efforts to ensure the state did not lose the film industry by
working with state legislators to educate them on the film industry’s contributions to the state in the form of jobs
and dollars.
APPROVAL OF AMENDMENTS TO THE LOCAL EMERGENCY PLANNING COMMITTEE BYLAWS
Stan Harts, Local Emergency Planning Committee (LEPC) Chair, presented the request to amend the LEPC
Bylaws and provided an overview of the proposed corrections and clarifications. He noted that the LEPC is one of
3,000 such committees across the country. He responded to questions confirming that the community would
continue to receive public safety information, noting that one of the primary purposes of the LEPC is to provide
community education and outreach.
Commissioner Barfield thanked Mr. Harts for his service on the LEPC. Hearing no further discussion, Chair
Rivenbark asked for Board direction.
Motion: Commissioner Zapple MOVED, SECONDED by Commissioner Barfield to approve the changes to the bylaws
of the New Hanover County LEPC. Upon vote, the MOTION CARRIED UNANIMOUSLY.
PRESENTATION AND APPROVAL OF HOLLY SHELTER INDUSTRIAL PARK MASTER PLAN, DESIGN, AND
CONSTRUCTION OF PHASE I AND ADOPTION OF BUDGET AMENDMENT 24-025
Chief Strategy Officer Jennifer Rigby presented the following information regarding the Holly Shelter
Business Park infrastructure investments:
Holly Shelter Business Park infrastructure investments:
Preliminary conceptual master development plan:
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36
DECEMBER 11, 2023 REGULAR MEETING PAGE 65
Preliminary conceptual infrastructure improvements, service area phase I:
Preliminary conceptual infrastructure improvements, service area phase II-A:
Preliminary conceptual infrastructure improvements, service area phase II-B:
Preliminary conceptual infrastructure improvements, service area phase III:
Cost options:
Phase I: design of full park and construction of infrastructure to serve a 52-acre tract
($6,698,000)
Phase II-A 98 acres and Phase II-B: 50 acres ($3,000,000)
Phase III: 52 acres ($6,250,000)
Timeline – Phase I:
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36
DECEMBER 11, 2023 REGULAR MEETING PAGE 66
Wilmington Business Development (WBD) Chief Executive Officer Scott Satterfield stated that the property,
located 41.8 miles off U.S. Highway 421, presents a transformative economic development opportunity. Essential
utilities and land availability are crucial for attracting clients. The site is strategically positioned near the interstate,
ports, airport, and a significant population base, enhancing its appeal to potential employers. The site offers over 3
million square feet of potential space. His team effectively analyzed and started marketing the property, anticipating
significant projects in the coming years. For WBD, the main focus is on creating jobs and investment opportunities.
Mr. Satterfield expressed appreciation to the Board for its support of the request.
A brief discussion ensued about the request. Commissioners expressed appreciation and support as they
believe it is a good investment and shows how the current Board is being forward thinking to expand job
opportunities in the community as well as the tax base. Ms. Rigby stated in response to questions that for Phase II-
B she meant it could accommodate 200,000 square feet of space not 200 square feet of space.
Hearing no further discussion, Chair Rivenbark asked for Board direction.
Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Zapple, to approve the Holly Shelter Industrial
Park Master Plan, design, and construction of Phase I and adopt budget amendment 24-025. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
PRESENTATION OF THE MENTAL HEALTH AND SUBSTANCE USE DISORDER STRATEGY PROGRAM UPDATE
Chief Strategy Officer Jennifer Rigby provided the update as follows:
Mental Health and Substance Use Disorder Strategy program update:
Data for 2021 – 2023:
Mental Health and Substance Use Disorder Strategic Plan:
Funding sources:
Fiscal Year (FY) 2024 – FY 2028 Mental Health and Substance Use Disorder and Opioid Settlement
budgeted funds:
FY 2024 funds encumbered:
Initiatives outside of Opioid or Mental Health and Substance Use Disorder funds:
The Healing Place:
Capital investment: $24 million
Start-up operational costs: $1.5 million
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36
DECEMBER 11, 2023 REGULAR MEETING PAGE 67
Ongoing commitment for 50 beds: $1 million
School based Mental Health: annual commitment of $2 million
Getting Home Program: annual commitment of $500,000
Tides: annual commitment of $350,000
Community Building Plan: non-profit support
Future opportunities:
Federally qualified health center partnership (Med North)
Streamline supportive housing zoning regulations in unincorporated part of County
Good Shepherd Housing
Others as determined by stakeholder group
For more information please visit: https://www.strategy.nhcgov.com
Ms. Rigby responded to questions confirming that men are experiencing death by suicide and opioid related
deaths at a much higher rate than women. It is not that women are not having similar challenges, but for death by
suicide, men are taking more lethal measures. The data is important in terms of how to target the specific groups to
provide help before they get to this point.
County Manager Coudriet and Assistant County Manager Lisa Wurtzbacher responded to questions about
The Healing Place explaining that the Board did increase costs when it decided to have gender equity and equal
capacity for women. The facility costs $24 million.
A brief discussion ensued about the presentation. Commissioner Barfield commented on the need to
develop a strategy for a long term facility for those with mental illness similar to The Healing Place. Facilities that are
currently available across the state only allow a stay for up to 14 days. Commissioners expressed support for the
idea, and County Manager Coudriet and Assistant County Manager Wurtzbacher confirmed that staff will look into
it and report back to the Board.
Hearing no further discussion, Chair Rivenbark thanked Ms. Rigby for the update.
PUBLIC HEARING AND APPROVAL OF A REZONING REQUEST BY CINDEE WOLF WITH DESIGN SOLUTIONS,
APPLICANT, TO REZONE APPROXIMATELY 7.95 ACRES ZONED (CZD) R-10, RESIDENTIAL AND R-20, RESIDENTIAL
LOCATED AT 1728 ROCKHILL ROAD TO (CZD) R-10, RESIDENTIAL FOR A MAXIMUM 24 DWELLING UNITS (Z23-19)
Development Review Supervisor Robert Farrell presented the rezoning request stating the site is located
at 1728 Rockhill Road and was originally zoned R-20 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. Since then, public
water and sewer utility services have become available in the area. In March 2021, a portion of the site was rezoned
Conditional R-10 for Phase 1 of the Legacy Landing Subdivision. The current rezoning request aims to integrate the
R-20 section to the north with Phase 1 to the south. The site is surrounded by single-family residential properties.
Mr. Farrell provided an overview of existing homes when entering Legacy Landing, new homes in Phase 1 of Legacy
Landing, existing homes in the surrounding R-20 district, and an example of the applicant’s proposed building
elevation. Legacy Landing Phase 1 comprises a 10-lot conventional subdivision on a cul-de-sac named Dorsey Lane,
including areas for stormwater and a road stub to the north for future development. The proposed Legacy Landing
Phase 2 adds 2.7 acres to the development area, extending Dorsey Lane north to Rockhill Road for 14 additional
dwelling units in the form of seven pairs of attached dwellings, an area for stormwater management, and open space
along Rockhill Road between the single-family and attached housing types. Several subdivisions are currently under
development in the area, including the “Have Place” Habitat project on Castle Hayne Road. The site currently has
full access onto Reminisce Road and the extension of Dorsey Lane will add another full access onto Rockhill Road,
creating a small loop. Castle Hayne Road can be reached through full access from Rockhill Road or Oakley Road.
Mr. Farrell presented the estimated trip generation information for the site, noting the proposed
development is expected to generate approximately 14 AM and 17 PM peak hour trips. The estimated traffic from
the site falls under the 100 peak hour threshold, which would otherwise trigger the ordinance requirement for a
traffic impact analysis (TIA). The North Carolina Department of Transportation (NCDOT) and Wilmington
Metropolitan Planning Organization (WMPO) do not possess traffic data for Rockhill Road or Reminisce Road,
suggesting these roads do not currently experience significant traffic volumes to warrant monitoring. Despite the
lack of specific data, the anticipated increase in trips due to the proposed development is considered minimal.
Moreover, the project will undergo NCDOT engineering review during the driveway permitting process. Regarding
student enrollment, based on the current general student generation rate, the proposed development is likely to
result in approximately five additional students compared to the current zoning. The student yield and capacity
information are updated to reflect the current number of residential units in the County and the 2023-2024 school
year enrollment counts. This year’s school capacity and yield data include pre-K students, who were not previously
counted in prior school year counts. This comprehensive approach provides a countywide perspective on the
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36
DECEMBER 11, 2023 REGULAR MEETING PAGE 68
number of students each new residential unit is likely to yield, acknowledging that most new residential units in the
County do not typically homes for large numbers of school age children.
On July 17, 2023, the Board of Commissioners adopted a new strategic plan for Fiscal Years 2024-2028,
focusing on three core areas: workforce and economic development, community safety and well-being, and
sustainable land use and environmental stewardship. The proposed CZD R-10 rezoning aims to provide new attached
single-family homes in an area predominantly characterized by single-family, detached homes. This aligns with the
goal of increasing the housing supply to one residential unit per every two residents. According to the 2022 Housing
Needs Assessment, also known as the Bowen Report, there is an estimated overall housing gap of approximately
12,000 rental units and just under 17,000 for-sale units within the County over the next 10 years. Cape Fear Habitat
for Humanity, the developer of the proposed project, typically offers housing opportunities within 30% to 80% of
the average median income (AMI). The Housing Needs Assessment estimates an overall housing gap of nearly 6,000
rental units and 5,500 for sale units in this income range. Furthermore, no critical environmental features have been
identified on the property, and the project proposes 32% open space, which is 12% more than the minimum required
for performance residential developments. The 2016 Comprehensive Land Use Plan (Comprehensive Plan)
designates the property as General Residential, which focuses on lower-density housing, typically single-family or
duplexes, with associated civic and commercial services. The proposed overall density of 3.1 dwelling units per acre
(du/ac) falls below the maximum allowed for the R-10 zoning district and within the recommended range for the
General Residential place type.
The Planning Board considered the application at the November 2, 2023 meeting and no one from the
public spoke in support of or opposition to the request. The Planning Board voted unanimously to recommend
approval of the petition with no additional conditions, finding the request to be generally consistent with the
Comprehensive Plan and reasonable and in the public interest. This conclusion is based on the scale and density of
the proposed development is within the recommendations for the place type, and the proposed housing type
provides transitions from the road to existing residential uses. Following the policy guidance of the Comprehensive
Plan, zoning considerations, and technical review, the staff concurs with the Planning Board’s recommendation.
Should the rezoning be approved, the development of the site will be subject to additional development review to
ensure compliance with all land use regulations.
Chair Rivenbark thanked Mr. Farrell for the presentation and invited the applicant to make remarks.
Cindee Wolf with Design Solutions, on behalf of property owner, Cape Fear Habitat for Humanity, Inc.
(Habitat) stated that Habitat envisions a world where everyone has a decent place to live and a mission of bringing
people together to build homes, communities, and hope. Locally, Habitat creates homeownership opportunities that
enable families to realize their potential and accomplish their dreams. In a single year, Habitat has served over 300
families, logged over 15,000 hours of volunteer service, and diverted tons of waste from landfills through its Restore
shops. Phase 1 of the project is underway with 10 single-family homes; three of the lots now have new homeowners,
and the rest are under construction and nearing completion. The underlying land was rezoned in 2021, and the
current request aims to annex additional lands for Phase 2, which will add 14 new homes. She provided an overview
of the entire neighborhood’s vision, noting the extension of the road from the existing cul-de-sac to the intersection
with Rockhill Road, along with additional open space under the stormwater management pond. The proposed pond,
designed to address the 100-year storm, mirrors Phase 1. The flat drainage and the topography of the area are
conducive to the project’s success. Phase 2 introduces duplexes as an alternative housing product for better
affordability, while maintaining individual ownership. The intent is for Habitat homeowners to spend no more than
30% of their monthly income on housing, providing stability, security, and an opportunity to build wealth and leave
a legacy for future generations. She reviewed the architect's rendering of the duplex elevation, highlighting the mix
of two and three-bedroom units and front porches to foster community. She concluded the applicant presentation
stating her belief that the petition is consistent, reasonable, and in the public interest.
Ms. Wolf confirmed, in response to questions, that the home design is a new one for Habitat. Regarding
the provision of fencing or a greater buffer between the Robinson property at the front of Rockhill Road and the
project, she stated that if it were a continued single-family development, there would be no buffer requirement or
screening. However, with the attached housing, the duplexes, there is a buffer requirement for some screening that
can be prepared along the property line. She and Habitat are actively working with the neighbors and remain open
to discussions about improving the community and assisting neighbors if necessary. However, lots 1 and 2 feature a
20-foot setback with the separation of houses and are set to the property line facing Rockhill Road. She confirmed
that Habitat would be open to adding a condition to install a six-foot solid fence along the first lot, along the lot line.
Chair Rivenbark announced that no one signed up to speak in support or opposition to the request, 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 Barfield MOVED, SECONDED by Vice-Chair Pierce, to approve the proposed rezoning. The
Board finds it to be consistent with the purposes and intent of the Comprehensive Plan because the proposed density
and housing type is within the recommendations of the General Residential place type. The Board also finds approval
of the rezoning request is reasonable and in the public interest because the project provides additional housing
diversity to the area. The following condition is condition is included as part of the proposal:
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36
DECEMBER 11, 2023 REGULAR MEETING PAGE 69
Installation of a six-foot solid fence along the first lot (Robison property), along the lot line.
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 CARRIED UNANIMOUSLY.
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 10A OF NEW
HANOVER COUNTY, NORTH CAROLINA, ADOPTED July 1, 1974 is hereby incorporated as part of the minutes and is
contained in Zoning Book II, Section 10A, Page 53. Update: As of December 20, 2023, the applicant declined to sign
the agreement acknowledging the applicant’s consent to all listed conditions. Therefore, the rezoning application
approval is null and void.
PUBLIC HEARING AND APPROVAL OF A REZONING REQUEST BY CINDEE WOLF WITH DESIGN SOLUTIONS,
APPLICANT, TO REZONE APPROXIMATELY 2.20 ACRES ZONED (CZD) O&I, OFFICE & INSTITUTIONAL LOCATED AT
2117 CASTLE HAYNE ROAD TO (CZD) B-2, REGIONAL BUSINESS FOR A MAXIMUM 18,000 SQUARE FOOT FLEX
COMMERCIAL BUSINESS SPACE WITH LIMITED USES (Z23-20)
Associate Planner Amy Doss presented the rezoning request, noting that the property was initially zoned R-
20 in 1974 and rezoned Conditional O&I in 2016. The rezoning aimed to develop a commercial office building
adjacent to Hanover Lakes. Since then, the Castle Hayne Road corridor has transitioned to higher density residential
and increased commercial districts. The property, located along said corridor, is undeveloped with an automotive
repair shop directly across the street. South of Hanover Lakes lie B-1 and B-2 zoning districts. To the north along
Castle Hayne Road are O&I, CB, and B-2 districts. The current approved concept plan reflects the proposed 12,000+
square foot building and associated parking. Conditions tied to the plan, concerning traffic, signage, and the
vegetative buffer, are still in effect. Ms. Doss provided examples of an office and institutional development on Van
Dyke Drive, permissible under the current conditional O&I zoning, and potential developments in a B-2 district. The
B-2 district is designed to accommodate auto-oriented uses that meet the needs of the motoring public or rely on
pass-by traffic. The concept plan indicates that the existing lot maintains a vegetative buffer along the south and
western corners, which will remain intact. Adjacent to the parcel to the west and south is the Hanover Lakes
Subdivision, zoned R-15. To the north, the neighboring parcel, zoned R-20, has one single-family residence. Of the
three proposed 6,000 square foot structures, the contract purchaser plans to own and operate out of the front
space. Along the southern edge of the parcel, there is an outdoor storage space enclosed by opaque fencing at least
eight feet high. A 20-foot Type A buffer, as prescribed by the County’s Unified Development Ordinance (UDO), is in
place and the stormwater pond is located in the northwest corner.
The property has full access onto Castle Hayne Road. However, the ongoing design of the Castle Hayne Road
widening project might potentially limit access to right-in and right-out only. Under the site’s current zoning district,
a maximum of 99 trips is allowed, a condition that will remain with the proposed rezoning. Normally, uses of this
intensity would require a TIA, however the current and future condition caps the maximum trips at 99. Due to the
site’s size and location on the Castle Hayne Road corridor, it is less likely to be developed for residential purposes,
as the area is trending toward commercial development. Additional conditions are being offered to mitigate impacts
to adjacent residents. Nearby commercial development includes an auto repair shop, additional B-2 uses, and other
community-level service uses.
The recently adopted strategic 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 B-2
rezoning allows businesses that support the surrounding community to locate in a transitional area along a major
roadway corridor, close to numerous households. The strategic plan aims to prepare for the long-term needs of
businesses and maintain new business growth within 2.5% of the state’s level. The proposed commercial zoning
district will enable the establishment of new businesses. The Comprehensive Plan designates the property as part of
the Community Mixed Use place type, which includes commercial uses and encourages infill development. The
proposed project not only serves as a transition between Castle Hayne Road and neighboring residential uses but is
also deemed appropriate in transitional areas while providing services to nearby residents.
Ms. Doss concluded the presentation stating the Planning Board considered the application at the
November 2, 2023, meeting. Members of the adjacent Hanover Lakes subdivision expressed opposition, voicing
concerns over traffic, noise, and stormwater. The Planning Board voted unanimously (6-0) to recommend approval
of the petition, maintaining existing conditions and adding five new ones. The recommendation is based on its
consistency with the Comprehensive Plan and its reasonableness in the public interest, as the proposed concept plan
is less intense and more aligned with current development patterns than the current (CZD) O&I district. Following
the policy guidance of the Comprehensive Plan, zoning considerations, and technical review, staff agrees with the
Planning Board’s recommendation regarding existing conditions and the and five new additional conditions related
to building height, the outdoor storage area, exterior lighting, and bicycle and pedestrian access. Permitted uses will
be limited to a) Indoor Recreation Establishment (Shooting Ranges prohibited); b) Animal Grooming/ Veterinary
(Kennel or Daycare prohibited); c) Business Service Center; d) Contractor Office; e) Offices for Private Business and
Professional Activities; f) Personal Services, General (Tattoo Parlors prohibited); g) Instructional Services and Studios;
and h) Retail Sales, General. If the rezoning is approved, the site’s development will be subject to further
development review to ensure compliance with all land use regulations.
Ms. Doss stated, in response to questions, that there are seven subdivisions under construction within a
one-mile radius of the site. Mr. Farrell added that the enforcement of the 99-trip limit was discussed during the
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36
DECEMBER 11, 2023 REGULAR MEETING PAGE 70
Planning Board meeting. Staff believe it will be enforced through zoning as each new unit is occupied, with each
requiring a permit. During the process, each use will be evaluated for intensity, and it will be part of the project site’s
recordkeeping. The UDO will determine when a TIA is required for a use. Ms. Doss also provided examples of uses
allowed in B-2 zoning that are not permitted in O&I.
Chair Rivenbark thanked Ms. Doss for the presentation and invited the applicant to make remarks.
Cindee Wolf with Design Solutions, on behalf of property owner, Hanover Lakes, LLC, and potential
purchaser Backyard Specialist, stated the subject tract, originally part of Hanover Lakes, has been subdivided out.
The land behind it is a permanent open space, and when rezoned to the O&I district in 2016, the Hanover Lakes plat
indicated potential for future commercial use. The Comprehensive Plan’s growth and development policy
encourages business attraction and maintenance. Backyard Specialist currently operates from a leased facility in the
North Kerr Business Park and seeks to own real estate. The business, resembling a retail establishment, houses an
office and a display showroom with enclosed product storage, while actual work is conducted offsite. The B-2 district
request, rather than adapting to the O&I, stems from the business being considered a contracting business, which is
not permitted in O&I despite nuances contracting types and material storage. The original plan did not limit specific
uses, anticipating mainly office use, with the possibility of larger offices in the massive building with extensive asphalt
out front. The application’s primary purpose is to add restaurant and contractor offices along with specialty retail to
the O&I district. The plan divides the building’s square footage into three units, with the contractor located in the
rear building next to the pond. The layout aims to maximum potential while providing flexibility, reducing the
structural mass, and minimizing asphalt impact on neighbors. Any contractor other than Backyard Specialist must
also be in the back building, as the two front buildings are designated for commercial uses. The frontage building is
suited for storefront types with good visibility, potentially housing services like a tax prep office, art gallery, salon,
or yoga studio. Regarding traffic concerns, these types of uses typically do not operate during the peak traffic
periods. Parking is screened behind the building with entries from the lot and public sidewalk. The central building
would cater to commercial users that need a storefront but also a rear utility unit, such as a sub shop or café requiring
facilities like a grease trap. The utility courtyard, shared with Backyard Specialists, allows for garage doors and
screening from public and private circulation. Another company might need a small office with storage needs,
benefiting from the rear garage doors. Mitigating commercial use locations adjacent residences is a factor, making
the conditional district rezoning method suitable. Specific conditions are provided in the approval wording.
Ms. Wolf reviewed the existing and proposed conditions, highlighting that the Comprehensive Plan’s
policies and strategies for good economic development in the County do support the approval of the request. Based
on her past experiences, the initial contractor/developer builds the required unit, followed by the front building,
which is upfit as users come in, a practice consistent in city and county building permit requirements. The County
Zoning Department reviews parking needs, land use, trip generation, and maintains a tally sheet. Listed uses
generally do not peak in trip generation uses but, if necessary, a TIA will be conducted. Regardless of trip generation
and if a TIA is required, NCDOT will review safety improvements when issuing a driveway permit, determining the
for specific traffic lanes.
Ms. Wolf confirmed, in response to questions, that any proposed business must pass through the Planning
and Land Use Department as part of the controls. Driveway permit issuance can include conditions, and additional
parking is restricted per the conditional district approval. Minor modifications are left to staff enforcement and
major modifications require the full planning process. Stormwater management falls under state and County
requirements, and there is a very adequate overflow into an isolated wetland behind the site as well as a deep ditch
along the road frontage. The developers are responsible for managing all water that falls on their property.
Chair Rivenbark announced that no one signed up to speak in support or in opposition to the request and
hearing no further discussion, closed the public hearing. He 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 approve the proposed rezoning to
a (CZD) B-2 district. The Board finds it to be consistent with the purposes and intent of the Comprehensive Plan
because the proposed scale and density will provide an adequate transition from a commercial corridor to residential
districts. The Board also finds approval of the rezoning request is reasonable and in the public interest because the
proposed concept plan is arguably less intense and more in line with current development patterns than the current
district of (CZD) O&I. The existing conditions will remain in effect:
1. No more than a total of 100 peak hour trips can be generated from the use or combination of uses
located within the zoning district. Change of use proposals must be reviewed and approved by the
County in order to verify compliance with the zoning district standards.
2. The development shall comply with all provisions of an approved NCDOT driveway permit prior to
issuance of the Certificate of Occupancy.
3. Freestanding signage shall be limited to monument signs, in that the sign must have a support structure
that is a solid-appearing base constructed of a permanent material, such as concrete block or brick.
Freestanding signs supported by poles and any flashing digital signs shall be prohibited.
4. Existing vegetation must remain within the bufferyards and be supplemented as necessary to provide
the 100% visual opacity requirement.
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DECEMBER 11, 2023 REGULAR MEETING PAGE 71
The following proposed conditions are included as part of the approval:
5. Building height is restricted to 25-feet.
6. Outdoor storage area (only one) to be enclosed with a minimum eight (8) foot opaque fence.
7. 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.
8. A bicycle and pedestrian easement will be located along Castle Hayne Road as shown on the concept
plan, including the installation of a sidewalk from the southern border to the northern border.
9. Permitted Uses shall be limited to: a) Indoor Recreation Establishment (Shooting Ranges prohibited);
b) Animal Grooming / Veterinary (Kennel or Daycare prohibited); c) Business Service Center; d)
Contractor Office (hours of operation limited to 7AM-8PM); e) Offices for Private Business &
Professional Activities; f) Personal Services, General (Tattoo Parlors prohibited); g) Instructional
Services & Studios; h) Retail Sales, General; and i) Restaurant (no drive-thru).
10. The dumpster is to be located on the northern portion of the property.
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 CARRIED UNANIMOUSLY.
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 10A
OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED July 1, 1974 is hereby incorporated as part of the minutes
and is contained in Zoning Book II, Section 10A, Page 54.
COMMITTEE APPOINTMENTS
Appointments to the New Hanover County Commission on African American History, Heritage, and Culture
Chair Rivenbark reported that one vacancy exists on the New Hanover County Commission on African
American History, Heritage, and Culture in the At-Large category, with three applications available for consideration.
Commissioner Barfield nominated Kiara Bennerman for appointment in the At-Large category.
Commissioner Zapple seconded the nomination.
Hearing no further nominations, Chair Rivenbark asked for a vote on the nomination on the floor.
Vote Results: The Board voted UNANIMOUSLY to appoint Kiara Bennerman in the At-Large category to the New
Hanover County Commission on African American History, Heritage, and Culture to fill an unexpired term, with term
to expire August 31, 2024.
Appointments to the New Hanover County Hispanic/Latino Commission
Chair Rivenbark reported that two vacancies exist on the New Hanover County Hispanic/Latino Commission
with eight applications available for consideration.
Commissioner Zapple nominated Janeth Howard to serve for the term expiring April 30, 2024 and Natalie
Picazo to serve for the term expiring April 30, 2025. Commissioner Scalise seconded the nominations.
Hearing no further nominations, Chair Rivenbark asked for a vote on the nominations on the floor.
Vote Results: The Board voted UNANIMOUSLY to appoint Janeth Howard to the New Hanover County
Hispanic/Latino Commission to fill an unexpired term, with the term to expire April 30, 2024, and to appoint Natalie
Picazo to the New Hanover County Hispanic/Latino Commission to fill an unexpired term, with the term to expire
April 30, 2025.
Appointment to the New Hanover County Nursing Home Community Advisory Committee
Chair Rivenbark reported that five vacancies exist on the New Hanover County Nursing Home Community
Advisory Committee, with one application eligible for reappointment.
Commissioner Scalise nominated Stephanie Smith for reappointment. Commissioner Zapple seconded the
nomination.
Hearing no further nominations, Chair Rivenbark asked for a vote on the nomination on the floor.
Vote Results: The Board voted UNANIMOUSLY to reappoint Stephanie Smith to the New Hanover County Nursing
Home Community Advisory Committee for a three-year term, with term to expire December 31, 2026.
Appointments to the New Hanover County Tourism Development Authority
Chair Rivenbark reported that five vacancies exist on the New Hanover County Tourism Development
Authority, with three applicants eligible for reappointment.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36
DECEMBER 11, 2023 REGULAR MEETING PAGE 72
Vice-Chair Pierce nominated Zachary Brigman for reappointment in the Wilmington Hotel (+150)
Owner/Manager category, Nicole Jones for reappointment in the Wilmington Hotel (
category, and Nicolas Montoya for reappointment in the Wrightsville Beach Hotel Owner/Manager category.
Commissioner Scalise seconded the nominations.
Hearing no further nominations, Chair Rivenbark called for a vote for the nominations on the floor.
Vote Results: The Board voted UNANIMOUSLY to reappoint Zachary Brigman in the Wilmington Hotel (+150)
Owner/Manager category, Nicole Jones in the Wilmington Hotel (≤ 150) Owner/Manager category, and Nicolas
Montoya in the Wrightsville Beach Hotel Owner/Manager category to the New Hanover County Tourism
Development Authority to serve three-year terms with the terms to expire December 31, 2026.
PUBLIC COMMENTS ON NON-AGENDA ITEMS
Chair Rivenbark stated that no one signed up to speak under public comment.
ADDITIONAL AGENDA ITEMS OF BUSINESS
Cape Fear Memorial Bridge Maintenance Update. Emergency Management Director Steven Still provided
an update regarding the Cape Fear Memorial Bridge (CFMB) maintenance work that will begin in January. NCDOT
was unable to send a representative to provide the update. He reported that on or around January 3, 2024, NCDOT
plans to commence repair work to the CFMB and will shut down the eastbound inbound lanes to Wilmington for
approximately three months. Work is planned to be 24/7 with a tentative plan to halt work for the Azalea Festival
to open both eastbound and westbound lanes into and out of the city. The plan is then to close the westbound lanes
for another three months, and again, that work will be 24/7. The goal is to have the work completed by Memorial
Day. His department has been meeting with its public safety partners. Last week’s staff briefing had three objectives:
1) to discuss impacts on public safety; 2) discuss coordinated traffic control and response plans; and 3) discuss
coordinated communications plans. It was a productive meeting with NCDOT to compile a comment list from partner
agencies, and they are looking to incorporate those into the plans going forward. Weekly meetings with NCDOT will
continue to keep communication constant and ongoing and allow the opportunity for feedback from NCDOT, its
contractors, and the public safety partners.
Discussion ensued about the project. Commissioners expressed concerns about the major impacts the
project will have on communities on both sides of the river, particularly with public safety, how NCDOT has not
shared specific detailed information to this point about the project to help ensure the citizens have awareness, and
the length of time the work will take. County Manager Coudriet responded to questions stating that he cannot speak
to NCDOT’s willingness to meet in this type of setting to answer the Board’s questions. Representatives were present
at last week’s staff briefing and many details were worked through regarding the request to attend the agenda
review meeting. NCDOT was aware that it was rescheduled to this meeting due to the compressed agenda review
and declined to attend. At a staff level, NCDOT is committed to continuing to participate in the weekly staff briefings.
The staff briefings are multi-jurisdictional and beyond County staff include the City of Wilmington, Brunswick County,
and the Town of Leland, including key personnel from emergency management, public safety responders,
engineering, and planning departments. He noted that the group emphasized with NCDOT that unless it is local
traffic, the I-140 bypass should be the preferred alternate route. There will be extensive coordination, especially
around public information, led by the local governments with NCDOT input on what is happening and where. There
is no expectation that NCDOT will be the primary communicator on behalf of this community. He expressed his
support and confidence in Mr. Still and his team to lead the efforts on a regional basis.
Recognition from Rockhill Community for Water Station Installation. Commissioner Scalise reported on
his visit to the Rockhill community for the water station installation open house. He expressed appreciation to the
Board for voting in favor of the project to provide a clean water source to the community and asked Ms. Roth to
provide additional details.
Ms. Roth reported that the water station is located at the St. James AME Church in the Rockhill community.
It is the first of four water stations that will be installed throughout the County as an initial first step to address water
contamination while working towards mid- and long-term solutions for the communities. She stated that Ms. Janice
Gaines and Mr. Bernard Williams are in attendance to present the Board with an appreciation plaque.
Ms. Gaines provided a brief overview of the Rockhill community’s efforts to attend Board meetings and
CFPUA meetings to find an interim way to address the water contamination in the community. She expressed
appreciation to the Board for hearing and listening to her, Mr. Williams, and others, and responding quickly to
address the issue.
The Commissioners expressed appreciation to Ms. Gaines and her neighbors for their perseverance. Their
efforts helped provide the framework for when the same project is completed in the other communities.
Approval to Rescind the November 6, 2023 Adopted Resolution regarding Tax Parcel ID R04916-003-003-
000. Commissioner Scalise stated that on November 6, 2023, the Board adopted a resolution to explore eminent
domain. Over the last month, the County has explored it, and there has been productive dialogue between the
County and the property and business owners. He feels it is the appropriate time to make a motion to rescind the
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36
DECEMBER 11, 2023 REGULAR MEETING PAGE 73
resolution to explore eminent domain and continue the efforts to consider the voluntary purchase of the property
in question. Vice-Chair Pierce expressed her support for the motion.
Motion: Commissioner Scalise MOVED, SECONDED by Vice-Chair Pierce, to rescind the resolution as adopted on
November 6, 2023 regarding Tax Parcel ID R04916-003-003-000.
A brief discussion ensued on the matter. Commissioner Scalise confirmed for Commissioner Zapple that he
wants to continue the productive discussion with the property and business owners. Commissioner Zapple expressed
his support for the motion.
Hearing no further discussion, Chair Rivenbark asked for a vote on the motion on the floor. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
ADJOURNMENT
There being no further business, Chair Rivenbark adjourned the meeting at 6:13 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.