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HomeMy WebLinkAbout2024-10-07 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 OCTOBER 7, 2024 REGULAR MEETING PAGE 345 ASSEMBLY The New Hanover County Board of Commissioners met on October 7, 2024, 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; Clerk to the Board Kymberleigh G. Crowell; and County Attorney K. Jordan Smith. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Gayle Tabor, SALT Inclusive Methodist Community, provided the invocation and Commissioner Scalise led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chair Rivenbark requested a motion to approve the Consent Agenda as presented. Commissioner Zapple requested Consent Agenda Item #2: Adoption of Budget Amendments, Consent Agenda Item #6: Approval of the ILM Application for NCDOT Road Withdrawal, Consent Agenda Item #7: Adoption of Resolution in support of the City of Wilmington's Application for a Federal Bridge Replacement Grant, and Consent Agenda Item #8: Adoption of Resolutions to Support the North Carolina Department of Transportation's Request for Contingency Funds for Road Improvements in New Hanover County be pulled for further discussion and made a motion to approve the remaining Consent Agenda items. Motion: Commissioner Zapple MOVED, SECONDED by Commissioner Scalise to approve the remaining Consent Agenda items as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes – Governing Body The Board approved the minutes of the September 5, 2024 Special Joint Meeting and the September 16, 2024 Regular Meeting. Approval of New Hanover County Monthly Collection Report for August 2024 – Tax The Board approved the August 2024 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 XLV, Page 18.2. Release of the Levy for Tax Year 2014 – Tax The Board approved the release of the levy for tax year 2014 as the 10-year statute of limitations prohibits the collector from using forced collection measures to collect the taxes. A copy of the release of the levy is hereby incorporated as part of the minutes and is contained in Exhibit Book XLV, Page 18.3. Adoption of the 2025 Schedule of Values – Tax The Board adopted the 2025 Schedule of Values, determining just and equitable values. Adoption of State Road Resolution Requested by the North Carolina Department of Transportation – Governing Body The Board adopted the North Carolina Department of Transportation (NCDOT) state road resolution in support of adding Songbird Court, Eventide Boulevard, Aloft Way, Anchors Bend Way, Baldwin Park Drive, Stoneybrook Road, North Bend Road within the Anchors Bend subdivision (Division File No: 1304-N) to the state system. A copy of the resolution is hereby incorporated as part of the minutes and contained in Exhibit Book XLV, Page 18.6. Discussion on Consent Items: Adoption of Budget Amendments – Budget Chief Financial Officer Eric Credle confirmed that budget amendment 25-005 has sunset the infant and toddler mental health program, while the school mental health program continues. The County can charge the customer or claim funds through Medicaid or insurance, apply the allowable fee, and allocate the funds to another eligible American Rescue Plan (ARP) program. He will report back to the Board on individual payments. Regarding budget amendment 25-015, he explained that the funds come from an accumulation of multi-year public safety grants that have not yet been expended and will provide the Board with further information on each grant. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 OCTOBER 7, 2024 REGULAR MEETING PAGE 346 NOTE: The Board amended the annual budget ordinance for the fiscal year ending June 30, 2025, by adopting budget amendments 25-005 and 25-015. Approval of the Wilmington International Airport (ILM) Application for NCDOT Road Withdrawal – County Manager Deputy Airport Director Granseur Dick reported that Control Tower Drive provides an additional access to the site. He clarified that the application requests NCDOT to abandon the road, and the plan is for ILM to take over ownership and maintenance. The right of way will remain within the interior lease boundaries for subtenants seeking prospective development at the airport. NOTE: The Board approved an agreement with the New Hanover County Airport Authority for submission to the North Carolina Department of Transportation (NCDOT), requesting the withdrawal of a portion of Morris Road, from North Kerr Avenue to the airfield terminus, from the NCDOT system. Adoption of Resolution in support of the City of Wilmington's Application for a Federal Bridge Replacement Grant – County Manager City of Wilmington Assistant Director of Engineering Denise Freund responded to questions, stating that the bridge will include a five-foot sidewalk on one side and a 10-foot sidewalk on the other, as requested by the NCDOT rail division to accommodate future rail platform crossings. Bicycles can either share the travel lane or use the 10-foot sidewalk, which aligns with the downtown trail project. The team will also install a stairway connecting the trail to the Fourth Street Bridge. NOTE: The Board adopted a resolution supporting the City of Wilmington’s application to the U.S. Department of Transportation Federal Highway Administration’s Bridge Investment Program for the replacement of the 4th Street Bridge and Pine Grove Bridge. Adoption of Resolutions to Support the North Carolina Department of Transportation's Request for Contingency Funds for Road Improvements in New Hanover County – Planning and Land Use NCDOT Division 3 Corridor Development Engineer Michelle Howes explained that the roads in question were the last two in the area not included in previous repaving efforts. She confirmed that funding for these paving projects will come from the North Carolina General Assembly President Pro Tem Phil Berger’s contingency fund, requested by Senator Michael Lee. Accessing state contingency funds for such projects requires involvement from local elected representatives. The Board briefly discussed how citizens can approach local elected representatives for road repair assistance. NOTE: The Board adopted a resolution supporting efforts to bring Springhill Road and Meadowood Drive up to state standards, as well as a resolution advocating for the installation of a traffic signal at the intersection of SR 1521 (Piner Road) and Brown Pelican Lane, the driveway for Myrtle Grove Middle School. Hearing no further discussion, Chair Rivenbark asked for Board direction. MOTION: Commissioner Scalise MOVED, SECONDED by Vice-Chair Pierce to approve Consent Agenda Item #2: Adoption of Budget Amendments, Consent Agenda Item #6: Approval of the ILM Application for NCDOT Road Withdrawal, Consent Agenda Item #7: Adoption of Resolution in support of the City of Wilmington's Application for a Federal Bridge Replacement Grant, and Consent Agenda Item #8: Adoption of Resolutions to Support the North Carolina Department of Transportation's Request for Contingency Funds for Road Improvements in New Hanover County (with typographical name corrected from Meadowbrook to Meadowood) as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. Copies of the budget amendments and resolutions for the above discussion items are hereby incorporated as part of the minutes and contained in Exhibit Book XLV, Page 18.1, 18.4, and 18.5. REGULAR ITEMS OF BUSINESS RECOGNITION OF PRINCIPAL JENNIFER ANGEL OF CAROLINA BEACH ELEMENTARY Commissioner Scalise stated that on September 16, 2024, an unexpected storm with heavy rain and wind hit the County. While most of the community experienced only minor impacts, Carolina Beach and Kure Beach were less fortunate. These communities are making great progress in their recovery efforts. That morning, some students at Carolina Beach Elementary were stranded on site and needed transportation home. Thanks to the outstanding efforts of Principal Jennifer Angel, all students were safely returned home. Commissioner Scalise invited Town of Carolina Beach Mayor Lynn Barbee to provide remarks. Mayor Barbee thanked the County for its support and introduced Principal Jennifer Angel. He shared a message he received praising her and her staff for their quick and calm actions to ensure the safety of 400 students, including 18 whose parents were stranded. The students were safely transported home, some via a high-water vehicle. Principal Angel expressed gratitude for the recognition but emphasized that it was a collective effort, praising her staff, the central office, and external support for working together to address the situation. The Board expressed its appreciation for Principal Angel’s efforts and presented her with a certificate of appreciation. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 OCTOBER 7, 2024 REGULAR MEETING PAGE 347 CONSIDERATION AND ADOPTION OF NATIONAL MINORITY ENTERPRISE DEVELOPMENT WEEK PROCLAMATION Vice-Chair Pierce read the proclamation into the record recognizing October 7-15, 2024 as National Minority Enterprise Development Week in New Hanover County, also known as National MED Week. Chief Diversity and Equity Officer Linda Thompson thanked the Board for considering the proclamation and reported on local MED Week activities. Hearing no further discussion, Chair Rivenbark asked for direction from the Board. Motion: Commissioner Scalise MOVED, SECONDED by Commissioner Barfield to adopt the proclamation recognizing October 7-15, 2024 as National Minority Enterprise Development Week in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as part of the minutes and contained in Exhibit Book XLV, Page 18.7. CONSIDERATION AND ADOPTION OF A RESOLUTION OF SUPPORT TO NAME THE MILITARY CUTOFF BRIDGE OVER MARKET STREET THE "CORNELIUS E. NIXON BRIDGE" AND TO RECEIVE PUBLIC COMMENTS Chair Rivenbark recognized Planning and Land Use Director Rebekah Roth to present the following information:  Cornelius E. Nixon Bridge Naming Resolution of Support:  Road, Bridge, and Ferry naming process:  Cornelius E. Nixon’s legacy:  Lifelong resident who worked in the oyster business, starting as a child  Started the County’s first oyster shucking facility and built Nixon’s Oyster Plant on ten acres purchased off Market Street near Military Cutoff  He was a leading community entrepreneur who created many jobs and provided retirement benefits to his workers  He promoted the state’s oyster shell recycling program and was recognized by his efforts by the Division of Marine Fisheries in 2010  Honored by CFCC for his entrepreneurial legacy and is the namesake for Nixon Leaders Center Chair Rivenbark stated that the NCDOT’s policy on naming bridges requires that local governments provide an opportunity for public input. Before considering this resolution, he stated that one person signed up to provide comments and invited the person to make their remarks. Rob Mairs, a resident of Tottenham Court, shared that Cornelius Nixon was a mentor to many and expressed his admiration for Mr. Nixon and his significant contributions to the community. He noted that Alice Nixon had been working to have the bridge named in her father's honor. Additionally, he reported on his offer to assist in gathering information on Mr. Nixon's contributions, particularly his involvement in the oyster recycling program. Commissioner Barfield expressed appreciation for the opportunity to bring the resolution to the Board, noting that the City of Wilmington is also adopting a similar resolution. He highlighted Mr. Nixon's contributions and work ethic, sharing personal memories of him and his family, and voiced his support for naming the bridge after Mr. Nixon. Hearing no further discussion, Chair Rivenbark asked for direction from the Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 OCTOBER 7, 2024 REGULAR MEETING PAGE 348 Motion: Commissioner Barfield MOVED, SECONDED by Vice-Chair Pierce to adopt the resolution of support to name the Military Cutoff bridge over Market Street the "Cornelius E. Nixon Bridge." Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as part of the minutes and contained in Exhibit Book XLV, Page 18.8. PUBLIC HEARING AND APPROVAL OF A REZONING REQUEST BY BDLCT, LLC, APPLICANT AND PROPERTY OWNER, TO REZONE APPROXIMATELY 27.55 ACRES LOCATED AT 3500 BLOCK OF CASTLE HAYNE ROAD FROM THE R-20, RESIDENTIAL DISTRICT AND REMOVING THE SPECIAL HIGHWAY OVERLAY DISTRICT (SHOD) TO THE PD, PLANNED DEVELOPMENT DISTRICT FOR A MIXED RESIDENTIAL AND COMMERCIAL DEVELOPMENT (Z24-17) Development Review Planner Amy Doss presented a request to rezone approximately 27.55 acres from R- 20 Residential to PD, Planned Development District, and to remove the Special Highway Overlay District (SHOD) along I-140. The site, consisting of several parcels zoned R-20, is bordered by Chair Road, Castle Hayne Road, and I- 140. Nearby parcels are zoned R-20 Residential, B-2 Business, Industrial, and PD, with some higher-density residential pockets. The land remains largely undeveloped, except for a few homes along Chair Road. The applicants are also petitioning the state to acquire a dead-end NCDOT service road along Castle Hayne Road. Ms. Doss outlined the site’s conditions, surrounding areas, zoning, and examples of PD districts and proposed housing types. She highlighted the applicant’s concept plan, noting that I-140 lies to the north, where the applicant seeks to eliminate the SHOD. Castle Hayne Road is to the east, Chair Road to the south, and Emerson Drive, along with the historic Grady-Moore cemetery, is to the west. The proposal includes an easement for cemetery access, utilities, and emergency use, as detailed in the Terms and Condition document. Ms. Doss pointed out that the applicant is acquiring the NCDOT right of way, and the internal road in the concept plan divides the site into three sections. The northern 10-acre section is designated for commercial uses, including a potential grocery store. An eight-acre section along Castle Hayne Road is marked as mixed use, with residential units above ground-level commercial spaces. The provided packet lists the permitted uses. The residential section is planned for multi-family housing, with transitional residential uses along the internal road connecting Chair Road and Castle Hayne Road. Given the residential area on Emerson Drive, the concept plan includes a transitional zone in the western residential section, limiting density to no more than eight dwelling units per acre and a maximum height of three stories. The transitional commercial area will contain no buildings north of this zone but will accommodate parking, pedestrian pathways, stormwater management, landscaping, and other infrastructure to support the PD development. The Terms and Conditions document outlines prohibited uses and sets standards for sidewalks, buffers, setbacks, and heights. A State Transportation Improvement Project (STIP) is planned to widen Castle Hayne Road, but it is currently unfunded. Staff confirmed with the Wilmington Metropolitan Planning Organization (WMPO) that right-of-way acquisition is not scheduled until 2025. The proposed development is expected to generate approximately 400 AM and 750 PM peak-hour trips, necessitating a traffic impact analysis (TIA). The northwest corner access easement will be strictly for cemetery, utility, and emergency vehicle use. Traffic improvements at Chair Road and Castle Hayne Road include a stoplight, a second left-turn lane north onto Castle Hayne Road, an extended right-turn lane southbound onto Chair Road, and a u-turn lane heading south on Castle Hayne Road. Upgrades at the Castle Hayne Road and I-140 ramp intersection include a left-thru lane from eastbound I-140, a left-turn lane from northbound Castle Hayne Road, and a right-turn lane from southbound Castle Hayne Road. The internal road will feature a left- turn lane from eastbound Chair Road and a right-turn lane from westbound Chair Road. A right-turn lane will also be added for westbound Chair Road traffic entering the mixed-use area. The development is expected to generate about a dozen more school-aged children than the current zoning. The site is in a rapidly changing area between two commercial nodes and adjacent to I-140. River Bluffs, a planned development west of the site on Chair Road, was approved in 2017 with various housing types and increased density. However, residents often travel a few miles south to Wrightsboro for goods and services. The proposed retail services will benefit the surrounding community. The site design places retail near I-140 and Castle Hayne Road, with mixed-use elements toward the center and along the internal road. Residential components are located west of the mixed-use area, with transitional residential and commercial zones next to the residential lots along Emerson Drive. The project aligns with two of the County’s strategic goals: promoting planned growth and enhancing access to basic needs in a business-friendly environment. The 2016 Comprehensive Land Use Plan (Comprehensive Plan) designates this property as part of the Community Mixed Use and General Residential place types. Community Mixed Use encourages development along major roads, while General Residential supports commercial uses for nearby neighborhoods. As this area transitions into a commercial node and includes higher-density residential development, the proposed PD, Planned Development district is well-suited for the site. The updated site plan and terms and conditions offer a greater mix of uses and more appropriate residential density. At its September 5, 2024, meeting, the Planning Board reviewed this application, and unanimously voted to recommend approval of the petition. The petition was found consistent with the Comprehensive Plan, as the proposed uses align with the place type recommendations. The Board also deemed the recommendation reasonable and in the public interest, as the project will add housing diversity and improve vehicular and pedestrian circulation. Should the rezoning be approved, the site will undergo additional development review. Chair Rivenbark thanked Ms. Doss for the presentation and invited the applicant to make remarks. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 OCTOBER 7, 2024 REGULAR MEETING PAGE 349 Matthew Nichols, from the Law Office of Matt Nichols, representing the applicant and property owner, BDLCT, LLC, stated that the parcel is an excellent location for the proposed PD development due to its proximity to I-140, GE, and direct access to Castle Hayne Road. He then invited Burrows Smith of BDLCT, LLC to share his remarks. Mr. Smith expressed BDLCT, LLC's desire to develop the project in a way that complements the River Bluffs community and the surrounding area. He emphasized the company’s commitment to preserving trees and a more environmentally conscious approach to development, avoiding complete land clearing. He also highlighted opportunities to help bring water and sewer services to the area, a promise made to the community in 1984. He noted the potential for collaboration with Cape Fear Public Utility Authority (CFPUA) and the County to achieve this goal in conjunction with the project. Mr. Nichols continued by presenting details regarding the development of approximately 13 parcels currently zoned R-20, a designation made 50 years ago. He explained that much has changed since then, and the question before the Board is whether the property is better suited for development under the PD district. The requested zoning allows for a mix of uses consistent with the Comprehensive Plan. Discussions with staff identified a transitional residential area to the west, limited to eight units per acre and a maximum height of three stories. The transitional commercial area would exclude buildings and instead focus on infrastructure, parking, and streets to support the development. He also addressed providing cemetery access via an easement and discussed an internal road connection from Castle Hayne Road to Chair Road. Additionally, he pointed out significant proposed traffic improvements and asked John Lennon of BDLCT, LLC to speak on those details. Mr. Lennon explained that planning for transportation improvements in this project began with NCDOT nearly eight years ago. He presented a map showing the new improvements while addressing the original intent to relocate the access to Chair Road. However, this option is no longer feasible due to the number of traffic light cycles required at I-140 and Castle Hayne Road. He then reviewed an aerial view of St. James AME Church and the intersection, noting the installation of a traffic light. The project will add a turning lane and restripe the area, with these changes pushed north into the subject property, avoiding impacts to the church’s driveway, and maintaining the distance between the right of way and the roadway. Mr. Lennon also mentioned that the TIA included projected traffic numbers for the planned school at the end of Chair Road but did not account for NCDOT’s Castle Hayne Road improvement project, as the assumption at the time was that the project was not moving forward. Mr. Nichols concluded by noting that stakeholder meetings required by the Comprehensive Plan took place nearly ten years ago. He referenced the plan’s desire for more community mixed use along Castle Hayne Road, including grocery stores, pharmacies, and restaurants. He expressed hope that the proposed project will meet those needs. The request aligns with the Comprehensive Plan by providing goods, services, and additional housing. He also emphasized the location’s ideal position along major roadways and the I-140 interchange, as well as the significant traffic improvements required of the developer. Chair Rivenbark announced that five people signed up to speak in favor and no one signed up to speak in opposition to the request. He invited the speakers to provide remarks. Ruth Pugh, resident of Creekview Court, Fayetteville, NC, and pastor of St. James AME Church, expressed support for the proposed rezoning around the church and the Rock Hill community, emphasizing the importance of th being good neighbors and progressing together. She reported on the July 30 public meeting which she felt was transparent and cooperative between presenters and attendees. While supportive of the development, she raised concerns about flooding in the church’s parking lot, which she hopes will be addressed. Janice Gaines, resident of Rock Hill Road and member of St. James AME Church, expressed both pros and cons regarding the proposed rezoning. She highlighted the potential for economic growth, job creation, and modernization of the area as positives. She raised concerns about increased traffic congestion, the potential loss of community character, noise from construction, and the risk of gentrification, which could displace long-term residents. She emphasized the need for careful consideration of these factors and urged for community and church engagement in discussions to mitigate negative impacts. While welcoming change, she wants to ensure the church members’ and residents’ voices are heard in the process. Ron Dick, resident of Chair Road, spoke in support, stating he is a resident of the River Bluffs development and a member of the River Bluffs Homeowners’ Association’s advisory committee. While enjoying living here for the past five years, he and his wife have found the lack of shopping and everyday conveniences in this part of the County frustrating and challenging. Chair Rivenbark closed the public hearing and opened the floor to Board discussion. Commissioner Barfield recounted his 2008 visit to River Bluffs before its development and noted the significant investment of approximately $4 million by Mr. Smith and his company to bring water and sewer infrastructure to the area, which benefited nearby residents. He emphasized that developers, rather than the County or CFPUA, have historically driven infrastructure development in the County. He stressed the need for further utilities, resource nodes, intentional community growth, and the importance of addressing stormwater and flooding issues. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 OCTOBER 7, 2024 REGULAR MEETING PAGE 350 Discussion followed about flooding in the church parking lot and the surrounding area in relation to the proposed project. Mr. Smith acknowledged the existing drainage problems and expressed his willingness to work with the county engineer and stormwater services division to find solutions. He pointed out that proper maintenance of existing ditches, which have not been regularly cleaned, could significantly improve drainage, and help mitigate issues, including for homes on septic systems. Mr. Smith also stated that his company is open to initiating meetings and collaborating with county officials to address long-standing issues, noting that the community has been neglected in the past. A brief discussion followed about the project. Ms. Doss, responding to questions, clarified that while the multi-use path was not shown in the concept plan, it would be included during the site plan review process if deemed necessary. Regarding removing the SHOD, Mr. Lennon explained that the elevation of I-140, combined with existing vegetation and a sound wall, provides an adequate buffer, and no large signage is planned for the development. He also noted that while BDLCT, LLC could not provide specific details due to market uncertainties, the intent is to offer a mix of residential types. He confirmed that the height of residential buildings would be limited to three stories, with a maximum density of eight units per acre, to minimize the impact on adjacent one-story homes. In discussing the project’s impact on local schools, Ms. Roth addressed the confusing data in the report. She explained that while projections are based on current residential unit counts, actual student growth has not aligned with these projections. She reassured the Board that staff regularly monitors student growth trends and works closely with the school system to provide updated information. The range of the project in the staff report reflects the uncertainty in long-term demographic trends, and the school system is conducting further analysis to provide more accurate forecasts. She also clarified that while the overall capacity of the county’s schools may be adequate, specific schools, like Laney High School, will continue to face challenges. Hearing no further discussion, Chair Rivenbark asked Mr. Nichols if, based on the Board discussion and items presented during the public hearing, whether he would like to withdraw the petition or proceed with the vote. Mr. Nichols responded that he wanted to proceed with the vote. Hearing no further discussion, Chair Rivenbark asked for direction from the Board. MOTION: Commissioner Zapple MOVED, SECONDED by Vice-Chair Pierce to approve the proposed rezoning with the attached Terms and Conditions document. The Board finds it to be consistent with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Community Mixed Use and General Residential place types, and the project will create a new commercial node in close proximity to nearby residents. 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 and increases vehicular and pedestrian circulation. 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 59. BREAK: Chair Rivenbark called for a meeting break from 5:37 PM to 5:47 PM. PUBLIC HEARING AND APPROVAL OF A REZONING REQUEST BY CINDEE WOLF WITH DESIGN SOLUTIONS, APPLICANT, ON BEHALF OF HARRY WILSON WITH H N INVESTMENTS, LLC TO REZONE APPROXIMATELY 5.17 ACRES LOCATED AT 308 HERMITAGE ROAD FROM THE (CZD) CS, CONDITIONAL COMMERCIAL SERVICES DISTRICT TO A NEW (CZD) CS DISTRICT FOR THE USE OF WHOLESALE NURSERY AND A LIMITED LIST OF PROHIBITED USES (Z24- 19) Development Review Supervisor Robert Farrell presented a request to rezone approximately five acres from an existing Conditional CS district to a new, separate Conditional CS district. The project, located at 308 Hermitage Road, was initially zoned Conditional CS in February 2022 as part of a 30-acre commercial business park and wholesale nursery. The five-acre area, just north of the existing nursery, remains undeveloped. The approved concept plan for the 30-acre business park includes a wholesale nursery and 130,000 square feet of commercial space, with two driveways onto Hermitage Road, a stormwater pond on the west side, and multiple septic system areas due to the lack of public sewer. The proposed concept plan for the 5-acre site adds a private driveway serving a 10,000-square-foot office, warehouse, and stormwater pond. Outdoor storage will be located at the rear, as guaranteed by a condition, and plant storage will be added around the site, along with space for a septic system. The application also allows all uses in the CS district except for a limited list of prohibited uses. Due to changes in site access, stormwater management, and the separation of this area from the overall business park, the project now qualifies as a new, separate zoning district. One subdivision exists in the area, and a STIP is mentioned in the staff report. The site has full access to Hermitage Road, with vehicles able to exit either to Castle Hayne Road via Hermitage or travel north on Crowatan Road, both of which currently have capacity. The project is expected to generate an additional 26 AM and 50 PM peak-hour trips. A TIA for the New Leaf Landing business park was approved by WMPO and NCDOT in 2021, requiring new turn lanes at Castle Hayne and Hermitage Roads, as well as at Castle Hayne and Crowatan Roads. Since this project is now separate from the business park, that TIA no longer applies. However, the Wholesale Nursery has already secured a driveway permit from NCDOT. Additionally, the nearby Moore’s Crossing TIA includes a new traffic signal and improvements to Castle Hayne Road near the site. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 OCTOBER 7, 2024 REGULAR MEETING PAGE 351 Due to the lack of public sewer, residential development in Castle Hayne has remained largely low-density. The area’s position between Holly Shelter Road and the I-40 interchange to the north and the Castle Hayne Road and I-140 interchange to the south, has spurred increased commercial and industrial activity along the Castle Hayne Road corridor. The original rezoning for the business park was deemed consistent with the Comprehensive Plan, as it allowed for the types of commercial uses encouraged in the Employment Center place type. It also provided a suitable transition between the industrial development to the east and the lower-intensity residential and agricultural areas to the west. However, the proposed rezoning will alter the business park, and the developer will need to address the removal of this project site and re-design parts of the business park. Since this re-design is pending, staff cannot fully analyze the potential impacts on the park’s master plan. The proposed project supports one of the strategic plan’s objectives for new business growth. The Comprehensive Plan designates the site as an Employment Center intended as a hub for office and light industrial uses, with allowances for residential, civic, and recreational uses. Commercial uses serving the Employment Center are also appropriate, but the area should remain distinct from rural and conservation zones. At its September 5, 2024, meeting, the Planning Board reviewed this application, expressing support for the project but concern that the business park owner may not fully understand the potential impacts of rezoning the five-acre site separately. After discussion, members proposed a condition requiring the applicant to provide evidence of due diligence in communicating these potential impacts to the business park owner before the meeting. The applicant agreed to this condition, and the Planning Board voted 6 to 1 to recommend approval of the petition, with three conditions: prohibiting certain uses, regulating outdoor storage, and providing evidence of notifying the neighboring property owner about potential impacts. Planning Board member Pete Avery dissented, stating that while he supported the rezoning, he did not believe the additional condition was necessary. Staff’s recommendation is based on the Comprehensive Plan’s policy guidance, zoning considerations, and technical review. Since the potential impacts on the remaining business park are currently unknown, staff would have preferred additional coordination with the business park landowner to modify the TIA and rezone the entire 30-acre site to fully assess the overall impacts. Therefore, staff recommends denying the rezoning request. However, if the Board finds approval appropriate based on information presented at the public hearing or other considerations outside of staff review, staff proposes two conditions: a limited list of prohibited uses and restrictions on outdoor storage. The Planning Board’s recommended condition regarding notification of the adjacent landowner has not been included in the alternative motion for approval, as it is not directly related to the site design or the applicant’s intent. The applicant did provide an affidavit from the property owner, which was included in the agenda packet. Should the rezoning be approved, development of the site will undergo further review to ensure compliance with land use regulations. Planning Board member Clark Hipp responded to questions about the staff recommendation being different from the Planning Board recommendation, stating that the Planning Board expressed concern that the subdivision of the five-acre parcel might impact the landowner's original development plan. As a condition, evidence showing that the landowner is aware of and understands the potential impact on their overall project was requested. Chair Rivenbark thanked Mr. Farrell for the presentation and invited the applicant to make remarks. Cindee Wolf with Design Solutions, representing Harry Wilson of H N Investments, LLC, expressed disappointment with staff's negative recommendation but explained that the proposed changes would not significantly affect future development. The property is already zoned for commercial services, and the conditional district overlay requires board approval for the modifications. The original conditional zoning, approved in 2022 as a business park, included a traffic impact analysis (TIA) and acknowledged the existing nursery. In 2023, a deal transferred ownership of five acres to the nursery operator, allowing them to relocate their business to the front of the property. The proposed development plan includes a 10,000-square-foot office and warehouse for the nursery, with low traffic generation that did not trigger further TIA requirements. She emphasized that the changes are minor, as the nursery would replace a previously planned 10,000-square-foot building. She also noted the affidavit from the adjacent property owner, Mr. Etters, included in the packet, confirming his awareness and approval of the modifications. Although staff disagreed, citing circulation changes, the Planning Board supported moving forward to avoid delaying the nursery’s development. She assured the board that all necessary technical reviews and permitting processes, including driveway permits and TRC requirements, would be followed for the remaining 20 acres. She concluded by stating that the proposal aligns with the Comprehensive Plan and will promote sustainable growth while enhancing the area’s character with minimal impact. In response to questions, she reiterated Mr. Etters’ approval and confirmed that he did not object to the request, as documented in the affidavit provided to staff. She further explained that this information did not change staff’s analysis. While concerns were raised about potential future uses for the site, the existing conditional zoning district controls the uses. The TIA designated the site as a business park, but with septic systems in place rather than a public sewer, many uses, such as schools or residential developments, are not feasible. She clarified that the current plan is specific, and any major future changes, such as additional parking or modifications to pervious surfaces, would require reviews and Board approval. She emphasized that the conditional zoning process ensures that any future users of the site would be subject to appropriate restrictions. She cautioned against overly restricting the site to a single business type, such as a landscape business, and noted that other reasonable uses within the Commercial Services (CS) district, like an auto repair shop, could be suitable without causing disruption. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 OCTOBER 7, 2024 REGULAR MEETING PAGE 352 Extensive discussion followed regarding the application. Commissioner Zapple expressed concerns about changes to the original master plan for the 30-acre parcel. While acknowledging that the applicant and property owner appear to be working together, he noted that the revisions, particularly regarding septic systems and stormwater management, deviated from the original agreement. He emphasized that significant deviations require a revised master plan and raised concerns about the absence of both parties to present a unified plan reflecting the alterations. He asked for clarity on the specific changes to the septic locations and stormwater pond arrangements. Ms. Wolf responded by explaining that while both parties were not present, she was representing them. She outlined that the septic systems were mapped based on tested soils and assured the Board that any changes would still go through the County’s permitting process. She maintained that the changes to the stormwater pond and septic locations were minor and did not significantly alter the layout, as they remained within mapped soil areas. She emphasized that the modifications, including shifting the pond location and adjusting the septic system for the landscape company, should be viewed as minor. She argued that the application request is reasonable and consistent with the master plan’s intent. She also indicated on the map where one of the driveways would be moved to accommodate the applicant’s property and explained that the driveway issue would be addressed through the TRC, NCDOT, or a future request to the Board. Regarding conflicting traffic counts for Hermitage Road, Mr. Farrell clarified that the incorrect information was included, and the accurate traffic volume is 4,000, which is the minimum count on roads not typically monitored for improvements. Further discussion ensued about whether the proposed plan represented a major or minor change to the original 2022 master plan. Commissioner Barfield compared the current project to a similar one from 2009-2010, where plans shifted due to market changes. He noted that while the original master plan for this property had changed, it seemed reasonable to allow the new buyer to proceed, particularly since the owner agreed to sell the land. He reiterated that plans often change due to unforeseen circumstances, and it would be unreasonable to prevent the buyer from using the land. Commissioner Scalise expressed his need to better understand staff’s opposition to the application. Ms. Roth explained the challenges staff faces when managing conditional rezonings with approved concept plans, particularly when future developments must align with the original project’s character. She stressed that deviations from the approved plan must be carefully considered to ensure they do not conflict with the Board’s or the public’s expectations. While there is no opposition to the current project, and it aligns with the Comprehensive Plan, staff hesitates to recommend approval if it risks requiring repeated public hearings to resolve ongoing issues, which has occurred in the past. She added that such situations set a bad precedent. Commissioner Barfield expressed concerns about adhering rigidly to approved plans when economic conditions change. He noted that circumstances, such as market shifts, require flexibility and contingency planning. He suggested that rezoning and development approaches should allow for adjustments when needed. Barfield also pointed out that land should not remain vacant indefinitely if a new developer has the resources to restart or modify a project to fit changing conditions. Chair Rivenbark announced that no one signed up to speak in favor or opposition to the request and closed the public hearing. Hearing no further discussion, Chair Rivenbark asked Ms. Wolf if, based on the Board discussion and items presented during the public hearing, whether she would like to withdraw the petition or proceed with the vote. Ms. Wolf responded that she wanted to proceed with the vote. Hearing no further discussion, Chair Rivenbark asked for direction from the Board. MOTION: Commissioner Zapple MOVED to deny the proposed rezoning. While the Board finds it to be generally consistent with the purposes and intent of the Comprehensive Plan because the project allows the types of commercial uses encouraged in the Employment Center place type, it finds denial of the rezoning request is reasonable and in the public interest because the project may impact the future development of an approved commercial business park. Hearing no second to the motion, Chair Rivenbark stated that the motion failed for lack of a second and asked for a motion to approve the request. MOTION: Commissioner Scalise MOVED, SECONDED by Vice-Chair Pierce to approve the proposed rezoning. The Board finds it to be generally consistent with the purposes and intent of the Comprehensive Plan because the project allows the types of commercial uses encouraged in the Employment Center place type. The Board also finds recommending approval of the rezoning request is reasonable and in the public interest because the rezoning allows the relocation of an existing business that would support the area’s transition into a service node. The following conditions will apply to this approval as follows: 1. All uses in the CS district are permitted except for the following uses and use categories listed in Table 4.2.1 Principal Use Table: Civic, Educational Services, Government Services, Health Care Services, Food & Drink (including Bar / Nightclub), Convenience Store, Food Market, Grocery Store, Pharmacy, Bank and/or Financial Institution, Carwash, and Commercial Recycling Facility, Large Collection, Small Collection, Processing, and Processing and Collection. 2. Outdoor storage, except for plants, for the Wholesale Nursery and any future uses is restricted to the Rock & Mulch / Bulk Materials area as shown in the southeastern corner of the concept plan. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 OCTOBER 7, 2024 REGULAR MEETING PAGE 353 Approval is subject to the applicant signing an agreement acknowledging the applicant’s consent to all listed conditions. If the applicant does not provide a signed agreement within seven (7) business days from the date of approval, then the rezoning application approval is null and void. Upon vote, the MOTION PASSED 4 TO 1, Commissioner Zapple dissenting. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA CASTLE HAYNE OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED July 1, 1985 is hereby incorporated as part of the minutes and is contained in Zoning Book II, Section CASTLE HAYNE, Page 37. PUBLIC HEARING AND APPROVAL OF A TEXT AMENDMENT REQUEST BY NEW HANOVER COUNTY PLANNING & LAND USE TO AMEND THE 2016 COMPREHENSIVE LAND USE PLAN TO INCORPORATE UPDATED GUIDANCE FOR THE DEVELOPMENT OF THE WESTERN BANK OF THE CAPE FEAR AND NORTHEAST CAPE FEAR RIVERS. Ms. Roth introduced the item, explaining that it involves amending the Comprehensive Plan’s recommendations for the Western Bank area of the County. The amendment incorporates the direction provided by the Board at the initial public hearing in August. Although the Western Bank area is relatively small, it holds a highly visible location across the Cape Fear and Northeast Cape Fear Rivers from downtown Wilmington. Its uniqueness stems from its location, historic industrial uses, lack of recent development, partial inclusion in the National Register Historic District tied to downtown, and environmental constraints. The land is mostly privately owned, with the battleship being the only public property. The area currently contains a mix of commercial and industrial zoning, except for one parcel south of the Isabel Holmes Bridge, which was rezoned to a Riverfront Mixed Use district tied to a specific concept plan. The current zoning reflects the historic industrial development of the 1970s and a vision from the late 1990s and early 2000s, which aimed for the area to mirror the mixed-use commercial activity developing in downtown Wilmington. This vision shaped the Comprehensive Plan’s current designation of the area as Urban Mixed Use, the highest-intensity place type. Over the past several years, the Board has explored whether this recommendation still aligns with the current vision for the area, prompted by two development proposals in late 2021. The Board has held multiple work sessions and directed a staff study, leading to the process of amending the Comprehensive Plan, which began earlier this year. Several public presentations and hearings took place, and the Board initially considered an amendment in August that would have designated a new riverfront-specific place type, allowing a broader mix of uses and identifying potential rezonings. That public hearing was continued to allow staff to revise the amendment to reflect the Board’s direction to keep the area as it is or reduce land use intensity while exploring land acquisition for conservation. This decision resulted from significant public feedback and new data on the area’s vulnerability to tidal flooding, which impacts this area more severely than Wrightsville Beach or Carolina Beach. Recent tidal flooding has affected infrastructure and low-lying areas, as shown in photographs taken in late September. The amendment being presented introduces a new Riverfront Conservation place type specific to this area. The current conservation place type in the Comprehensive Plan focuses on reducing residential densities, which does not apply to these commercially and industrially zoned parcels. This new place type aims to protect the natural environment, maintain the area’s current conditions, or reduce land use intensity. Low-impact public recreational uses, such as greenways and docks, are encouraged, while civic uses and conversions of existing industrial properties to lower-intensity nonresidential uses would be evaluated case by case. Residential development is prohibited, and the extension of CFPUA water and sewer outside the County would not be approved. This place type would apply to all parcels currently designated as Urban Mixed Use, except for a small site north of the Isabel Holmes Bridge, where a gas station is located. It is recommended that this site be designated as a Commerce Zone, like most parcels along U.S. Highway 421. The amendment also includes an appendix providing context, current conditions, and future development recommendations. While it does not direct any immediate zoning changes, it offers guidance on infrastructure, stormwater, and additional engineering studies. It also outlines future work for staff, including identifying funding to purchase property, considering recreational uses, initiating studies to monitor conditions, and establishing public infrastructure and flood resiliency standards. Should the Board approve the revised amendment, staff would update the Comprehensive Plan and add implementation activities to future work plans. Staff recommends approval and has prepared a sample motion for the Board’s consideration. Ms. Roth also responded to inquiries about progress in pursuing grants for the voluntary purchase of this property to preserve it permanently. Assistant County Manager Jessica Loeper is overseeing the initiative, and Ms. Roth confirmed that some potential funding options have been identified through public input. Ms. Loeper confirmed that report and stated that no additional updates were available. During the brief discussion that followed, Commissioner Scalise expressed concern about moving too quickly on the proposed changes. Only two months had passed since the last discussion, and he felt it was premature to expect a fully developed plan for purchasing, remediating, and preserving large areas of property on the Western Bank. He stressed the need for more time to thoroughly explore preservation opportunities and advocated for pausing further action until a comprehensive assessment is completed. Commissioner Zapple responded, stating that defining a place type would not delay or interfere with current efforts to preserve the property. He argued that the place type designation provides a clear vision for the area and will not hinder other activities. Rather than slowing progress, he believes it clarifies future goals without impacting ongoing efforts. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 OCTOBER 7, 2024 REGULAR MEETING PAGE 354 Chair Rivenbark announced that three people signed up to speak in favor and one person signed up in opposition and asked them to provide their remarks. In support: Robert Parr, a resident of Falcon Point Road and representative of the West Bank Coalition, expressed his support and gratitude to the Board and Planning department for addressing concerns related to the West Bank. He presented data showing significant flooding in the area, noting that the West Bank has flooded 31 times since September 17th, with water levels reaching up to seven feet. Dr. Parr emphasized the increasing frequency and severity of flooding due to rising sea levels, which is expected to worsen over time. He warned that continued development in the area would severely affect infrastructure, property, and the local tax base, stressing the long- term risks to the broader community. Dr. Parr concluded by urging the Board to consider sea level rise and chronic inundation in the comprehensive plan update for future development. Roger Shew, a Park Avenue resident, voiced his support for conserving the West Bank. He emphasized the flooding risks, displaying images of cars stalled on flooded roads, and warned that high-tide flooding will worsen by 2040-2050. He praised the Board for including key guidelines in the Comprehensive Plan, such as protecting undeveloped estuarine islands and wetlands, limiting public investment in high-risk areas, and promoting passive recreation. He advocated for transforming the area into a nature park with elevated spaces to accommodate future flood levels and highlighted the potential eco-tourism benefits for New Hanover and Brunswick counties. Mr. Shew also commended the Board’s recent focus on affordable housing, green space, and stormwater planning, noting that rising sea levels demand updated planning and mitigation strategies. Beth Hansen, a resident of Amber Drive and representative of the League of Women Voters, expressed her support and appreciation for the Board’s engagement with residents. She stressed the urgency of addressing increased flooding in the West Bank, as highlighted by local experts and recent updates. She noted that the amendment reflects a clear vision for riverfront conservation and responsible, low-intensity development in flood- prone areas. She emphasized the importance of resiliency in future planning, citing recent 1,000-year floods in Carolina Beach and Western North Carolina. Ms. Hansen encouraged the Board to approve the amendment to demonstrate their commitment to addressing constituents' concerns and promoting responsible governance. In opposition: Natalie English, President and CEO of the Wilmington Chamber of Commerce spoke about the request, clarifying that her remarks were not strictly in opposition. She shared feedback from her board and public policy committee, advising the Board to proceed cautiously with the West Bank plan. Ms. English suggested considering a potential pause to avoid actions that might negatively impact the area’s growing economy. While she acknowledged the importance of addressing sea level rise and flooding, she supported exploring various options, such as cleanup efforts, to mitigate flooding. She expressed appreciation for the work on the comprehensive plan update and emphasized the need for a project-by-project approach, as economic and housing needs can change. Ms. English urged the Board to carefully consider affordable housing, and workforce needs to ensure balanced progress. Hearing no further discussion, Chair Rivenbark closed the public hearing and opened the floor for Board discussion. Regarding how to incorporate these discussions into the Comprehensive Plan update, Ms. Roth explained that the decision to fast-track the current discussion stemmed from the belief that it could be addressed without waiting for the full update. She acknowledged that this topic will be a key focus in the complete update, along with other important issues. She noted the ongoing work, such as Leigh Anne King’s scenario planning analysis from Clarion, which will help assess the cumulative impacts of development on the community. While rezoning considers impacts on a parcel-by-parcel basis, the Comprehensive Plan provides a broader view. Ms. Roth emphasized that new information and studies will continue to shape the evolving Comprehensive Plan. She also addressed concerns about the potential impacts of large development projects in the area, explaining that raising roadway infrastructure may be necessary to meet fire code requirements. However, a key concern is how raising roads or properties might affect adjacent parcels. She stressed the importance of considering these impacts and mentioned that the resiliency component of the amendment suggests potentially requiring an engineering no-rise certificate to assess such effects. While this is not currently required in the area, as it is not classified as a floodway, she acknowledged that engineering solutions may exist but have not yet been fully evaluated for a project of this scope. Mr. Shew responded to questions by emphasizing that rising sea levels will inevitably affect the area, including the battleship, and any development must consider this reality. He advocated for ecotourism as a less risky and more sustainable option, highlighting that ecotourism activities, such as raised boardwalks and birding trails, can still function even with rising water levels. On the other hand, he pointed out that traditional development poses greater risks to safety and cost. He also mentioned that roads leading to the battleship will eventually need to be raised, but any roadwork must comply with floodplain regulations by including culverts to allow water to move freely, preventing further flooding. In response to questions, Ms. Roth stated that there is currently existing zoning on the ground. If someone were to apply for something under the existing zoning, it would be processed for a permit. Hearing no further discussion, Chair Rivenbark closed the public hearing and asked for Board direction. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 OCTOBER 7, 2024 REGULAR MEETING PAGE 355 MOTION: Commissioner Zapple MOVED, SECONDED by Chair Rivenbark to approve the proposed Western Bank Amendment to the 2016 Comprehensive Plan. The Board finds it consistent with the purposes and intent of the plan because it includes provisions to support the plan's goals of conserving and enhancing our unique sense of place, promoting place-based economic development, and conserving environmentally critical areas. The Board also finds approval of the proposed amendment is reasonable and in the public interest because it clarifies for readers of the plan the environmental constraints on the property in this unique area and the Board of Commissioners vision that the area be maintained in its existing condition or that land use intensity be reduced through brownfields mitigation or land acquisition for conservation. During the discussion, Ms. Roth addressed inquiries, explaining that while the place type provides guidance, it does not prevent developers from requesting rezoning. The last direction staff received from the Board indicated no interest in changing the current zoning. However, if directed, staff would proceed with identifying potential zoning options. Commissioner Barfield voiced concerns that adopting the place type vision might create a "false sense of security" for the public, especially the environmental community, who might believe the amendment alone will prevent unwanted development. He clarified that the place type designation does not alter existing zoning, which means developers with zoning rights could still pursue projects, even if they conflict with the new vision. Commissioner Barfield emphasized that without rezoning or other binding changes, the place type serves as a guideline rather than an enforceable restriction. Commissioner Zapple agreed, noting that while it offers a necessary framework, it does not eliminate by-right development opportunities under current zoning. County Manager Coudriet further explained that the place type is not an immediate restriction on development but represents a vision for the future that the community and the Board would like to see. He reiterated that developers can still proceed with projects that meet current zoning laws. Commissioner Scalise stressed the long-term importance of securing zoning changes or acquiring land to effectively preserve the Western Bank area. While approving the place type amendment is an important step, he feels it should be seen as the beginning of a longer process. He urged the pursuit of using state and federal funds to acquire land, ensuring that preservation goals are achieved. He advocated for voluntary programs and partnerships with landowners, using grants and other funding mechanisms to acquire the land or apply restrictive zoning that would prevent incompatible development. Ms. Roth reiterated that staff is actively exploring federal and state funding opportunities to purchase properties in the Western Bank. She explained that this is an ongoing part of the Comprehensive Plan update, with plans to align funding and acquisition efforts with broader conservation goals. Further discussion focused on how the public might perceive the place type amendment. Commissioner Barfield reiterated that the amendment alone does not guarantee protection and emphasized the need for clear communication with the public to ensure that expectations align with the realities of the development process. The Board agreed on the importance of pursuing federal and state funding for land acquisition. They also acknowledged the challenge of balancing development needs with conservation priorities. Without zoning changes or land acquisition, the place type remains a vision rather than an enforceable framework. The discussion underscored the need for continued efforts, including pursuing state and federal funding, considering future zoning adjustments, and maintaining open communication with the public to manage expectations. Hearing no further discussion, Chair Rivenbark asked for a vote on the motion on the floor. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE 2016 COMPREHENSIVE PLAN OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED JULY 11, 2016 is hereby incorporated as part of the minutes and is contained in Exhibit Book XLV, Page 18.9. CONSIDERATION AND ADOPTION OF RESOLUTION APPROVING THE WORKFORCE HOUSING SERVICES PROGRAM FISCAL YEAR 2025 FUNDING New Hanover County Housing Program Manager Theo McClammy presented the following information:  Workforce Housing Services Program funding considerations for Fiscal Year (FY) 2025:  Purpose and goals:  Projects should increase or retain affordable housing units in New Hanover County  Eligible projects include new construction, rehabilitation or repair, and payment assistance  Request for proposals were accepted July 8, 2024 through August 5, 2024  Priorities: Increase supply, retain stock, and increase access  Allocations FY23 and FY24:  Evaluation and timeline FY25:  Evaluated on financial feasibility, development quality of any construction projects, and the applicant’s capacity and experience. Projects were prioritized based on the ability to:  Meet the County’s deadline for allocation and disbursement of federal funds  Break ground before July 2025 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 OCTOBER 7, 2024 REGULAR MEETING PAGE 356  Create the highest number of new units at a mixture of price points  Meet the period of affordability requirement of at least 20 years  Target Area Median Income (AMI) of 60% - 120%  Accept Housing Choice Vouchers  Proposals received FY25:  Note: Applicants could request a maximum of $1,500,000 per proposal  Funding consideration:  Blue Ridge Atlantic Development: Requested $1.5 million for Avenue Flats, 509 South Kerr Avenue, Wilmington. This 184-unit multifamily housing development has received zoning approval and funding from the City of Wilmington and applied for the 4% Low-Income Housing Tax Credit (30% subsidy) through the North Carolina Housing Finance Agency. The funding mechanism would be a 20-year forgivable loan for construction activities such as site work, infrastructure, operations, and design costs. Avenue Flats would break ground during June/July 2025 with a construction timeline of sixteen months. Full funding of BRAD’s request is being recommended at $1.5 million.  Wilmington Realtors Foundation: Requested $1.2 million for Pierson Pointe, 6221-6229 Carolina Beach Road, Wilmington, NC. This 48-unit townhome community will provide homeownership opportunities for workforce families. The funding mechanism would be a 20- year forgivable loan for the construction of site and utility infrastructure. The applicant has submitted plans to the County’s development entitlement process and gave notice of receiving support from the New Hanover Community Endowment. Pierson Pointe would break ground before July 2025 with vertical construction beginning the first quarter of 2026. Full funding of the Realtors’ request is being recommended at $1.2 million.  Cape Fear Habitat for Humanity: Requested $1 million for the recapture, rehabilitation, and construction of 10 homes in the City of Wilmington and Haven Place, a 35-unit development on Castle Hayne Road. Haven Place will provide affordable homeownership opportunities for workforce families. The construction of Haven Place is underway with the project receiving $1 million for infrastructure and site work from the County in FY24. Partial funding is being recommended at $300,000 to support the construction of six homes in Haven Place.  Next steps: October 2024 through December 2024: The Board discussed the importance of prioritizing adaptive reuse and rehabilitation of existing properties in future projects. In response to questions about how organizations interested in these efforts could better access funding, Mr. McClammy explained that future RFPs would reflect these priorities based on management input and Board feedback. He also addressed how tracking mechanisms are in place to ensure housing projects benefit specific job demographics, such as teachers and firefighters, confirming that quarterly compliance reports monitor alignment with income thresholds. He added that future reports will provide more detailed insights into job demographics. Commissioner Barfield raised concerns about Cape Fear Collective’s shifting focus towards investor returns rather than community impact. He shared his experiences of advocating for his clients, who faced additional costs due to the subpar quality of work. The Board commended staff for their hard work on the funding process and for positively impacting housing needs within the community. Hearing no further discussion, Chair Rivenbark asked for Board direction. MOTION: Commissioner Barfield MOVED, SECONDED by Commissioner Zapple to adopt the resolution supporting the allocation of funding in amounts not to exceed $1,500,000 to Blue Ridge Atlantic Development, $1,200,000 to NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 OCTOBER 7, 2024 REGULAR MEETING PAGE 357 Wilmington Realtors Foundation, and $300,000 to Cape Fear Habitat for Humanity. The Board also authorizes the county manager and the county attorney to take such measures as necessary to finalize the terms and conditions of the funding. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as part of the minutes and contained in Exhibit Book XLV, Page 18.10. APPOINTMENT OF VOTING DELEGATE(S) TO THE 2024 NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS (NCACC) LEGISLATIVE GOALS CONFERENCE Chair Rivenbark asked for a nomination of a County Commissioner to be designated as the voting delegate for the NCACC Legislative Goals Conference, which will be held November 14 – 15, 2024. Commissioner Barfield nominated Commissioner Zapple. Hearing no further nominations, Chair Rivenbark asked for a vote on the nomination on the floor. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Scalise to appoint Commissioner Zapple as the voting delegate for the 2024 NCACC Legislative Goals Conference. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC COMMENTS ON NON-AGENDA ITEMS Chair Rivenbark stated that no one signed up to speak under public comment. ADDITIONAL AGENDA ITEMS OF BUSINESS Assistant Emergency Management Director Anna McRay provided an update on the County’s emergency management efforts, thanking the Board and management for their support. Over 61 County staff members have been deployed to western North Carolina to assist with the response to Hurricane Helene. This team includes personnel from Emergency Management, the Sheriff’s Office, Parks and Gardens, Finance, Communications, IT, 911, and Fire Rescue. They are offering a range of services such as swift water rescue, traffic management, shelter security, donations management, and public safety support in several counties. She also reported on the current situation with Hurricane Milton, which rapidly intensified from a Category 1 to a Category 5 storm. While the storm is expected to make landfall near Tampa, FL as a Category 3, local impacts are expected to be minimal, with low chances of strong winds or heavy rain. However, maritime effects like increased rip currents and erosion are anticipated along the coast. Ms. McRay concluded by expressing pride in the team’s efforts and emphasizing the importance of their work in supporting impacted communities. Commissioner Barfield thanked everyone deployed to western North Carolina to help. ADJOURNMENT There being no further business, Chair Rivenbark adjourned the meeting at 7:42 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.