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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. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 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.