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HomeMy WebLinkAbout2025-01-06 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 JANUARY 6, 2025 REGULAR MEETING PAGE 394 ASSEMBLY The New Hanover County Board of Commissioners met on January 6, 2025, 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 Dane Scalise; Commissioner Stephanie A.C. Walker; 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 John Haynes, Greater Love Chapel Church, provided the invocation and Commissioner Zapple led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chair Rivenbark requested a motion to approve the Consent Agenda as presented. MOTION: Commissioner Scalise MOVED, SECONDED by Commissioner Zapple to approve the 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 December 12, 2024 Agenda Review and Closed Session and the December 16, 2024 Regular Meeting. Approval of November 2024 Tax Collection Reports – Tax The Board approved the November 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 XLVI, Page 1.1. First Reading: Approval of Solid Waste Franchise Agreement for Valor Waste Services, LLC – County Attorney The Board approved the first reading to authorize the issuance of a solid waste franchise agreement to Valor Waste Services, LLC. A second reading is required. Approval of Conveyance of County Property Interest to City of Wilmington for Public Sale – County Attorney The Board approved transferring its share of Parcel #R04814-005-009-000 (acquired 9/30/86) and Parcel #R04815-005-007-001 (acquired 8/19/49) to the City of Wilmington. This allows the city to hold a public sale using the upset bid process outlined in North Carolina General Statute (NCGS) 160A-269. The parcels, located near unimproved Woods Avenue and the 700 block of North Eleventh Street, lack street access. After the City sells the property, it will reimburse the County for its proportional share of the proceeds, based on ownership percentages, minus publication costs for the sale. Adoption of a Resolution of Support for the Wilmington Metropolitan Planning Organization's Resilience Improvement Planning Grant Application – Planning and Land Use The Board adopted a resolution that expresses its support of the application from the Wilmington Urban Area Metropolitan Planning Organization to develop a Resilience Improvement Plan for the Wilmington metropolitan region through the Promoting Resilient Operations for Transformative, Efficient, and Cost-Saving Transportation (PROTECT) Program. A copy of the resolution is hereby incorporated as part of the minutes and contained in Exhibit Book XLVI, Page 1.2. Adoption of Last Frontier and Blue Clay Business Park State Budget Grants Resolutions and Budget Amendment – Finance The Board adopted resolutions to accept the North Carolina 2023 Appropriations Act grants of $8,844,577 for the Blue Clay Business Park and $29,550,000 for Last Frontier. The resolutions assure the North Carolina Department of Environmental Quality that the Board will meet all conditions in the award offer. They also authorize Chief Financial Officer Eric Credle, or his successors, to provide requested information, make necessary assurances, and execute required documents for the North Carolina Division of Water Infrastructure. Additionally, the Board approved budget amendment 25-032, reconciling previously budgeted amounts for the Blue Clay Business Park and Last Frontier-Cape Fear Public Utility Authority (CFPUA) projects, and reallocating excess Blue Clay Business Park loan proceeds to Project Grace for museum exhibits. Copies of the resolutions and budget amendment are hereby incorporated as part of the minutes and contained in Exhibit Book XLVI, Page 1.3. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 JANUARY 6, 2025 REGULAR MEETING PAGE 395 REGULAR ITEMS OF BUSINESS CONSIDERATION AND ADOPTION OF A RESOLUTION SUPPORTING A HIGH HAZARD CLASSIFICATION FOR LOT CLEARING BURNS IN NEW HANOVER COUNTY Fire Chief Donnie Hall stated that staff is asking the Board to adopt a resolution designating New Hanover County as a high hazard county. Last summer, residents submitted several complaints about outdoor burning. In response, staff explored solutions and proposed pursuing the high hazard designation for the County. Currently, individuals conducting lot-clearing burns obtain permits through an online process with the North Carolina Forestry Service, which provides safety information. Under the high hazard designation, a state forest ranger must visit sites where burns will exceed five acres. The state forest ranger reviews the burn plan and ensures compliance with critical safety measures, such as wind direction, setbacks from neighborhoods, and other factors. While this designation requires coordination with the state, it enhances public safety and directly addresses residents' concerns. Chief Hall responded to questions clarifying that individuals must follow specific setback requirements from residences and roadways, as outlined in North Carolina’s statutes on outdoor and open burning. The required setback distance depends on the burn location. The state forest ranger provides guidance on best burn pile placement to minimize smoke issues and ensure compliance with safety standards. The designation does not change the rules for residential burning of debris from personal property. Residents can continue burning such debris by obtaining a burn permit through the same website. Hearing no further discussion, Chair Rivenbark asked for Board direction. MOTION: Commissioner Scalise MOVED, SECONDED by Commissioner Zapple to adopt the resolution supporting a high hazard classification for New Hanover County regarding land clearing burns. Upon vote, the MOTION PASSED UNANIMOUSLY. A copy of the resolution is hereby incorporated as part of the minutes and contained in Exhibit Book XLVI, Page 1.4. CONSIDERATION AND APPROVAL OF TWO CONSTRUCTION CONTRACT AWARDS RELATED TO THE LAST FRONTIER INFRASTRUCTURE PROJECT Chief Financial Officer Eric Credle reported that the Board approved an interlocal agreement with CFPUA in September 2022, providing the framework for installing water and wastewater mains in the northern part of the County, known as the Last Frontier project. This infrastructure aligns with existing CFPUA projects in the area, enabling the development of surrounding acreage for residential and commercial use. The project will provide significant economic benefits to the County, including long term growth, an expanded tax base, and additional housing opportunities. He then presented the following information:  Last Frontier - Consideration of approval of remaining construction contracts:  Infrastructure project – Last Frontier:  All northern area mains – including CFPUA funded mains:  Last Frontier water and infrastructure: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 JANUARY 6, 2025 REGULAR MEETING PAGE 396  Interlocal agreement key provisions:  Primary responsibilities:  CFPUA manages the project:  Manages design, bidding, and construction process  Ongoing responsibility for operation, maintenance, and repair  Eventually owns the assets of the project after any debt is repaid  New Hanover County funds the project:  Original estimated cost = $26.5 million  Fall 2023 estimated cost = $42.6 million:  State budget grant awarded in 2023 expected to fund most or all the costs - $29.55 million  Regular cooperation and consultation between the parties  Project segments:  Construction award North College Road and Blue Clay Road:  Construction award Holly Shelter Water/Wastewater:  Total project cost Last Frontier:  September 2022 estimate = $26.5 million  November 2023 estimate = $42.6 million  January 2025 estimate = $26.8 million Mr. Credle confirmed in response to questions that the County is making a significant investment in water and sewer infrastructure, which will now cost $15 to $16 million less than originally estimated. The Board thanked staff and the state legislative delegation for their efforts to bring this project to fruition. Hearing no further direction, Chair Rivenbark asked for Board direction. MOTION: Commissioner Zapple MOVED, SECONDED by Commissioner Scalise to approve the award of the construction of the North College Road and Blue Clay Road Water Mains to Carolina Civilworks Inc. in the amount of $6,621,875 and to approve the award of the construction of the Holly Shelter Road Water and Wastewater Mains to R.H. Moore Company, Inc. in the amount of $8,739,175. Upon vote, the MOTION PASSED UNANIMOUSLY. PUBLIC HEARING AND APPROVAL OF A REZONING REQUEST BY CINDEE WOLF WITH DESIGN SOLUTIONS, APPLICANT, ON BEHALF OF CATHERINE SCANLON, STEVEN AND KATHERINE TYLEE, AND RAIMOND AND KELLY STRUBLE, PROPERTY OWNERS, TO REZONE APPROXIMATELY 0.28 ACRES LOCATED AT 1040 AND 1050 SOUTH SEABREEZE ROAD FROM THE B-2, REGIONAL BUSINESS DISTRICT TO A GENERAL USE R-5, RESIDENTIAL MODERATE- HIGH DENSITY DISTRICT AND TO REZONE APPROXIMATELY 0.10 ACRES LOCATED AT 1054, 1056, AND 1068 SOUTH NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 JANUARY 6, 2025 REGULAR MEETING PAGE 397 SEABREEZE ROAD FROM B-2 TO A GENERAL USE R-15, RESIDENTIAL DISTRICT (Z24-21) Senior Planner Zach Dickerson presented the rezoning request for approximately 0.29 acres from B-2, Regional Business District, to R-5, Residential Moderate-High Density District, and 0.09 acres from B-2 to R-15, Residential District. This request is for a straight rezoning, meaning it does not include a concept plan or allow for conditions. The site currently combines B-2 and R-15 zoning. In 2012, portions of the property transitioned from B- 2 to R-15 to permit single-family residential development. The area contains three residential parcels with homes and a commercial building at 1040 South Seabreeze Road, which is no longer in use. Aqua North Carolina provides private water and sewer services, and the site falls within the VE Coastal High Hazard Area. Existing homes comply with floodplain requirements, and any new development must adhere to these standards. The proposed rezoning includes two specific actions. The first seeks to rezone 1040 and 1050 South Seabreeze Road from B-2 to R-5. The second action aims to rezone the remaining B-2 portions on three R-15 parcels (from a previous 2012 rezoning) to R-15, eliminating the current split zoning on those properties. South Seabreeze Road provides access to the site, with a gravel road serving the existing R-15 lots. Recent activity in the area includes multiple rezoning requests for commercial and residential projects, as well as plans for a single-family home at 1029 South Seabreeze Road. The proposed rezoning is expected to reduce traffic compared to the current zoning and have minimal impact on schools. The project supports the County’s strategic goal of increasing the housing supply to meet residential needs, though its location in a floodplain raises concerns. The size and shape of the parcels limit their commercial development potential, and the surrounding community has shown a growing interest in transitioning from commercial to residential zoning. Rezoning the 0.09-acre B-2 portion on the largely R-15 parcels will resolve the split zoning issue. The 2016 Comprehensive Land Use Plan (Comprehensive Plan) classifies this area as Community Mixed Use, and the proposed rezoning aligns with the Comprehensive Plan’s recommendations for this place type. The Planning Board reviewed the application at its November 7, 2024, meeting and determined it to be consistent, reasonable, and in the public interest. It recommended approval (6-0), with staff supporting the recommendation based on the Comprehensive Plan, zoning considerations, and technical review. The Board received additional public comments before the meeting. If approved, the site’s development will undergo zoning compliance review to ensure it meets all ordinance requirements. Chair Rivenbark thanked Mr. Dickerson for the presentation and invited the applicant to make remarks. Cindee Wolf with Design Solutions, representing Catherine Scanlon, Steven and Katherine Tylee, and Raimond and Kelly Struble, property owners, presented the proposal, noting that the four properties are part of the outer part of Seabreeze. Although the historic intent of the Seabreeze Small Area Plan was to promote commerce as a generator for renewing the heritage of the surrounding community, the size of the parcels and the limited public services have continually inhibited the success of that expectation. Current residents and vacant landowners in the neighborhood have voiced their desire for transition to a more residential community. The subject properties include a vacant lot and an old house. The individual parcels would now be consistent with Unified Development Ordinance (UDO) requirements for the R-5 lots. The exhibits in staff’s presentation reflect the parcels as they stood prior to the recombining of the two lots into one and records, so that they are both more than 5,000 square feet and also of the 50-foot minimum lot with changes to the original B-2 district overlay have occurred over the years, leaving that awkward split zoning on several of those parcels. The intent is also to remedy that for those owners involved. As staff noted, the rezoning of the R-15 and the B-2 lots is a housekeeping exercise and those will be consistently then R-15 parcels while the two smaller lots will be zoned R-5 so that they can be conforming for residential development. R-5 will allow the owner to create only two new homes. The overall land area within them is the controlling factor. There is no density increase, no duplexes or triplexes can be placed on it, the setbacks allow for adequate building envelopes on each, and no variances would be needed. The change will serve to infill vacant land where water and sanitary sewer services are already available. The change will upgrade the neighborhood, benefit the tax base, and provide new homes without adversely affecting the surrounding community. Ms. Wolf responded to questions confirming that the comments received have been supportive and no opposition comments were received about the application. She also reconfirmed that Aqua NC will be providing the water and sewer utilities. 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: Vice-Chair Pierce MOVED, SECONDED by Commissioner Walker to approve the proposed rezoning. The Board finds it to be consistent with the purposes and intent of the Comprehensive Plan because it provides a use in line with the Community Mixed Use Place Type. The Board also finds approval of the rezoning request is reasonable and in the public interest because the rezoning would benefit the community by providing more housing options. Upon vote, the MOTION PASSED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 JANUARY 6, 2025 REGULAR MEETING PAGE 398 A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 4 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED April 7, 1971 is hereby incorporated as part of the minutes and is contained in Zoning Book I, Section 4, Page 134. PUBLIC HEARING AND APPROVAL OF A REZONING REQUEST BY CINDEE WOLF WITH DESIGN SOLUTIONS, APPLICANT, ON BEHALF OF POLLY CRIBB AND SHIRLY NORRIS, PROPERTY OWNERS, TO REZONE APPROXIMATELY 2.67 ACRES LOCATED AT 6208, 6216, AND 6218 CAROLINA BEACH ROAD FROM THE R-15, RESIDENTIAL AND THE B-2, REGIONAL BUSINESS DISTRICTS TO (CZD) B-2 FOR THE USE OF RETAIL SALES, GENERAL FOR A GROCERY STORE, AND OTHER LIMITED USES (Z24-14) Development Review Planner Amy Doss presented a rezoning request for approximately 2.67 acres to change the zoning from R-15 Residential and B-2 Business districts to a conditional B-2 Regional Business district, allowing for the development of a food market and retail space. The site includes three parcels, with two currently zoned B-2 and one zoned R-15. Last year, the Board denied a rezoning request for this property that proposed a moving truck and equipment rental facility. Currently, the B-2 parcels remain undeveloped, while the R-15 parcel contains two existing residences. Ms. Doss supplied an overview of images of the property from various angles to illustrate existing site conditions. She also reported on examples of nearby single-family residential developments and details of the proposed retail and food market, referencing the temporary location of Biggers Market one mile south on Carolina Beach Road and its permanent location on Market Street. The concept plan for the proposed market includes a covered porch along Carolina Beach Road, a covered platform behind the structure, and a dumpster location on the southern edge of the property. The plan features parking with underground stormwater systems, a public access easement along Carolina Beach Road, an enhanced Type A opaque buffer near Sellars Cove, a pedestrian connection, and provisions for future access to the northern property. Nearby development includes a State Transportation Improvement Project (STIP) to improve the Monkey Junction intersection, with right-of-way acquisition and utility work scheduled for 2029. Additionally, the area has seen three approved rezonings, including Pearson’s Point across the street. The proposed development is projected to generate approximately 100 AM and 200 PM peak hour trips, triggering the need for a Traffic Impact Analysis (TIA). Planned traffic improvements include a traffic signal, extended turn lanes at Carolina Beach Road and South Ridge Boulevard, and adjustments to U-turn lanes and signal timings at Cathay Road. The rezoning relocates Biggers Market to a permanent structure about one mile north of its current location. While both locations are near residential areas, the new site plan mitigates potential impacts with dedicated parking, enhanced buffers, and an enclosed building. The project serves as a transition between the Carolina Beach Road corridor and adjacent residential developments. It supports the County’s Strategic Plan goals of encouraging planned growth, improving access to basic needs, and fostering a business-friendly environment. The Comprehensive Plan identifies this property as part of the Community Mixed Use place type, which supports commercial uses and infill development. The proposed market complements the surrounding commercial and residential areas along Carolina Beach Road. At the December 5, 2024 meeting, the Planning Board voted to recommend approval (5-0, with one recusal) of the rezoning, finding it consistent with the Comprehensive Plan. It was deemed reasonable and in the public interest, providing an effective transition between the highway and nearby residential areas. Based on the Comprehensive Plan, zoning considerations, and technical review, staff's recommendation supports approval. The proposal includes nine conditions addressing landscape buffers, setbacks, lighting, future access, limiting uses to restaurant, kitchen, food market, sales, and nursery, and requiring the platform to be enclosed on three sides with a roof. If approved, the development will undergo additional review to ensure compliance with all regulations. Development Review Supervisor Robert Farrell responded to questions explaining that the easement shown on the concept plan extends the entire length. What is being displayed on the screen is only a graphic to clearly reflect the easement and the driveway access. Chair Rivenbark thanked Ms. Doss for the presentation and invited the applicant to make remarks. Cindee Wolf of Design Solutions, representing property owners Polly Cribb and Shirley Norris, as well as the partners of Biggers Market, presented the rezoning proposal for approximately 2.67 acres on Carolina Beach Road. The request involves relocating Biggers Market to a permanent structure approximately one mile north of its current temporary location. The proposed development aims to transform the site, which includes two vacant parcels and one parcel with a residence and accessory structures, into a market and retail venue. The property is currently split- zoned for highway business and residential uses, and the rezoning seeks to consolidate the zoning under a conditional district to ensure project-specific provisions for mitigating potential impacts. She highlighted the importance of Biggers Market’s mission to provide fresh, locally sourced produce and artisan goods, supporting clean living and regional agriculture. The proposed development will include a pole barn-style structure with a mix of conditioned and open-air shopping spaces. The conditioned space, approximately 2,300 square feet, will allow for better preservation of perishable items, such as leafy greens, while the open-air market area will feature roll-up doors for flexibility during inclement weather. The building will be oriented toward Carolina Beach Road, with parking to the side and rear, including dedicated spaces for employees. The site plan incorporates several features to address community concerns and enhance functionality. These include direct access from Carolina Beach Road, with improvements recommended by the TIA, such as NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 JANUARY 6, 2025 REGULAR MEETING PAGE 399 extending an existing turn lane and making modifications to improve circulation. Connectivity with adjacent properties, including a neighboring pizza business, has been coordinated to allow easier access between establishments without re-entering Carolina Beach Road. The plan also includes enhanced buffering and landscaping along the property boundary with Sellars Cove, meeting or exceeding ordinance requirements to protect residential neighbors. Ms. Wolf noted ongoing collaboration with the Sellers Cove Homeowners Association (HOA) to explore a potential pedestrian path connecting the community to the market. Biggers Market has also committed to replacing the aging fence along the shared boundary with Sellers Cove’s community pool. Casual live music, a feature of the current market, will continue at the new location but at sound levels that are respectful to shoppers and neighbors. This activity is intended to spotlight local musicians, not as a music venue. Ms. Wolf highlighted the site’s potential to maximize land use efficiency along a major traffic corridor while supporting the area’s commercial and residential character. The plan reflects the market’s commitment to being family-friendly, community-focused, and aligned with the County’s goals for vibrant, business-friendly development. Enhanced buffers, stormwater management with infiltration-based systems, and careful adherence to zoning conditions ensure the project will meet technical and community standards. She requested approval of the rezoning to enable the development of a site that will enhance the area’s character and provide significant community benefits. Discussion ensued about the request. Vice-Chair Pierce expressed concerns about the County’s noise ordinance as it relies on decibel meters, noting that the Board has several noise complaints in the County’s unincorporated areas. She noted that relying on the decibel meter to address potential noise issues from the live music may not be effective enough and suggested setting specific hours for live music. Ms. Wolf responded that the business’ Market Street location has never received a noise complaint, even with closer residences and less buffering. She added that the subject site will include sound mitigation measures, such as orienting the building to project sound toward Carolina Beach Road. Wells Struble, one of the owners of Biggers Market, further explained that retail operations typically close by 6:00 PM, with music sometimes continuing until 8:00 or 9:00 PM, but never past midnight. Mr. Struble, in response to questions, stated he would agree to a condition being added requiring music to end by 10:00 PM seven days a week. Commissioner Walker commented on the Market Street location, noting that when she has visited, the music has not been overly loud and is more akin to mood music. She stated that setting a reasonable time limit for music at the new location could address potential concerns from nearby residents. Vice-Chair Pierce stated that there is a need to address the broader issue of noise management in developing areas of the unincorporated County and believes the current ordinance should be reviewed and amended to potentially update the regulations to reflect times for amplified music to stop rather than relying on a decibel meter and therefore makes enforcement easier for law enforcement. As to connecting to neighboring properties, Ms. Wolf explained that informal agreements with neighboring property owners would allow for interconnectivity between commercial properties, reducing the need for vehicles to re-enter Carolina Beach Road. She also explained that traffic improvements, including extended turn lanes and adjusted signal timing, are designed to improve overall circulation and access. Regarding utilities provided by Aqua North Carolina, Mr. Struble explained the collaboration with Za Pizza’s owner to facilitate shared utility access. Mr. Struble further confirmed that live entertainment is typically small-scale, often featuring solo musicians or small ensembles. A brief discussion ensued about balancing community enjoyment with efforts made to avoid disrupting nearby neighbors. The Board commended Biggers Market for its positive impact on the community, thoughtful planning and collaboration with neighbors, and the applicant’s willingness to address the noise concerns through conditions of approval. Chair Rivenbark announced that one person signed up to speak in favor and no one signed up to speak in opposition to the request and invited the speaker to provide remarks. Melanie Ferrara, a resident of Condo Club Drive, spoke on behalf of the residents in support of the rezoning request as a representative of Sellers Cove. She commented on the positive relationship between the Sellers Cove community and Biggers Market, noting confidence in their ability to directly address any potential concerns, such as noise, with the management team. The community trusts that any issues, such as music volume, can be resolved collaboratively, maintaining a harmonious relationship. She expressed appreciation for the project’s proposed traffic improvements, including a new traffic light. She noted that Sellers Cove appreciates the thoughtful planning and accommodations provided by Biggers Market, such as fencing improvements, enhanced access, and efforts to minimize impacts on the community. The rezoning request has the community’s full support and gratitude that the proposal aligns with neighborhood interests. Hearing no further discussion, Chair Rivenbark closed the public hearing and asked Ms. Wolf if, based on the Board discussion and items presented during the public hearing, whether she would like to withdraw the petition or proceed with the vote. Ms. Wolf responded that she wanted to proceed with the vote. 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. The Board finds it to be consistent with the purposes and intent of the Comprehensive Plan because the proposed mix of uses is in line with the recommendations of the Community Mixed Use place type. The Board also finds approval of the rezoning request is reasonable and in the public interest because the project would act as an appropriate NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 JANUARY 6, 2025 REGULAR MEETING PAGE 400 transition between the highway and existing residential development. The following conditions will apply to this approval as follows: 1. Street yard landscaping will be installed along Carolina Beach Road to meet current Unified Development Ordinance (UDO) landscape requirements for commercial projects. 2. Two (2) staggered rows of Leyland Cypress or other evergreen shrub that grows to a minimum height of 15-20 feet will be planted along the rear boundary within the 35-foot setback in addition to the required Type A Opaque Buffer Option 1 which required a minimum of three (3) rows of evergreen shrubs that shall be a minimum of six (6) feet in height and provide full visual opacity within one (1) year of planting. 3. No commercial or customer activity may occur within the 35-foot rear setback except maintenance and any future pedestrian access that may be provided to the adjacent Sellars Cove community as shown on the concept plan. 4. Exterior lighting including luminaries and security lighting shall be full cut-off fixtures that are directed downward in compliance with Figure 5.5.4.C Full Cut-off Fixtures of the UDO. In no case shall lighting be directed at or above a horizontal plane through the lighting fixture. Light posts shall be no taller than twelve (12) feet. 5. Permitted uses are limited to: a. Commercial Kitchen, Catering b. Restaurant c. Food Market d. Retail Nursery e. Retail Sales, General 6. A minimum 20-foot-wide public access easement shall be provided along the road front parallel with Carolina Beach Road for public bicycle and pedestrian use. 7. Significant trees shown on the concept plan shall be permanently retained. 8. The driveway access stub shown on the northern boundary of the concept plan shall be an all-weather surface extended to the property line to allow for future interconnectivity. 9. The platform shall be enclosed on three sides and with a roof so as to direct music eastward toward Biggers Market and not west toward Sellars Cove. 10. All music will cease to end at 10:00 p.m. seven (7) days a week. 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 is considered denied. Upon vote, the MOTION PASSED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 4 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED April 7, 1971 is hereby incorporated as part of the minutes and is contained in Zoning Book I, Section 4, Page 135. PUBLIC HEARING AND APPROVAL OF A REZONING REQUEST BY DOUGLAS BRANDON PALUCK WITH P&P ENTERPRISES, APPLICANT AND PROPERTY OWNER, TO REZONE APPROXIMATELY 0.41 ACRES OF A 0.82-ACRE PARCEL LOCATED AT 5406 CASTLE HAYNE ROAD FROM THE R-15, RESIDENTIAL DISTRICT TO THE (CZD) B-2, REGIONAL BUSINESS DISTRICT FOR THE USE OF BAR / NIGHTCLUB, RETAIL SALES, GENERAL AND OUTDOOR RECREATION ESTABLISHMENT (Z24-11) Senior Planner Zach Dickerson presented the request to rezone approximately 0.41 acres from R-15, Residential District to a conditional B-2, Regional Business District to retrofit an existing home into a bottle shop and mini golf establishment. The site is currently zoned R-15, and the part of the parcel requested for rezoning is outlined in blue on the provided maps. Aerial photography shows several existing buildings on the property, with CFPUA water and sewer services available. Representative photos illustrate the property’s current appearance from Castle Hayne Road, as well as an example of a bottle shop in Wilmington. The concept plan includes retrofitting the existing house into a bottle shop with retail sales and converting the backyard into a mini-golf area. The site plan incorporates onsite parking and a shared parking agreement with the adjacent Myer’s Attic business, connected by a sidewalk. The property has several approved variances to accommodate its adaptive reuse, including reductions to side setbacks and the width of transitional landscape buffers. Full access is via Castle Hayne Road, while access to Blossom Street is prohibited per recommended conditions. Fencing along Blossom Street must also remain in place. Mr. Dickerson highlighted nearby developments, noting several rezonings and new projects along Castle Hayne Road, particularly to the east. While the proposed project will increase PM trips in the area, its design aligns with the County’s Strategic Plan by promoting business growth and protecting natural features like mature live oaks. This part of Castle Hayne Road has historically featured a mix of residential and commercial uses. While the immediate surroundings are primarily residential, there is an antique store to the south and additional commercial development across the road. The adaptive reuse of residential buildings is a common trend in this corridor, where single-family housing development is less likely. To reduce impacts on nearby residential uses, the request includes approved variances and additional conditions, such as enhanced landscaping and operational restrictions. The Comprehensive Plan designates this area as Community Mixed Use, and the project is consistent with its recommendations for properties in this place type. At the December 5, 2024 meeting, the Planning Board found the proposal consistent with the Comprehensive Plan and in the public interest. Staff concurs with the Planning Board’s recommendation for approval, subject to seven conditions addressing uses, lighting, and parking. In NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 JANUARY 6, 2025 REGULAR MEETING PAGE 401 response to public comments, conditions were revised to increase landscaping on Blossom Street and limit the hours of operation for outdoor entertainment. Chair Rivenbark thanked Mr. Dickerson for the presentation and invited the applicant to make remarks. Brandon Paluck of P&P Enterprises, applicant and property owner, presented the overview of the proposed project, emphasizing the creation of a family-friendly bottle shop and mini-golf establishment in Castle Hayne. He noted the lack of similar amenities in the area and that the business will also offer local beer and wine from craft breweries without liquor or late-night hours. The planned establishment will feature games such as cornhole, shuffleboard, and putt-putt in the backyard. Acoustic music, limited to a few days per week, will be performed on a deck facing Castle Hayne Road and nearby commercial establishments, avoiding impact on residential areas. Mr. Paluck stated that music will include no drums or bass, ensuring minimal noise. In response to concerns raised at the planning meeting, he committed to ending all outdoor entertainment, including putt-putt, by 9:00 PM. Lights for the mini-golf area will also be turned off at that time. Additionally, he plans to install an eight-foot fence with vegetation or trees to reduce noise and block any traffic from accessing the property via Blossom Street. He reiterated his goal is to create a welcoming, family-friendly space that supports the community’s growth and fills a local need in Castle Hayne. A brief discussion ensued about the request. Mr. Paluck explained in response to questions that he owns 1.6 acres behind Myer’s Attic, and once that area is cleaned up, it will provide approximately 60 to 80 spaces. Mr. Dickerson responded to questions explaining that if the request is approved, the condition of the approved hours for the outdoor entertainment area will be tied to the property. The condition will remain in effect regardless of ownership, though indoor operations are not restricted. Mr. Paluck responded to further questions confirming his plans to tie into the CPUFA sewer system at the front of the property. He noted that water service is already connected. He also explained that he owns the property that the Myers Attic business sits on, and his tenant has a successful business and is excited about this project. Chair Rivenbark announced that three 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. Mark Legwin, a resident of South Woolwich Court, Castle Hayne, NC, spoke in support stating that there is a need for more amenities in the area. He described the proposal as a great idea for families and children, particularly the mini-golf aspect. He has visited the site and thinks it has a lot of charm, especially with the porch and oak tree, and reiterated that the project would be a much-needed addition to the community. Paula Gray, a resident of Cape Landing Road, Castle Hayne, NC spoke in support of Mr. Paluck’s commitment to the community and the work he has done with the neighbors to bring the project to fruition. He noted the lack of amenities in Castle Hayne, stressing the need for this type of project. She feels it will be a benefit the northern part of the County and the community will appreciate the addition. Fred Teachey, a resident of East Strawberry Lane, Rocky Point, NC, spoke in support stating that Castle Hayne is the only area in the County that does not have something like this proposed project. He fully supports the rezoning request. Chair Rivenbark closed the public hearing and opened the floor to Board discussion. Hearing no further discussion, Chair Rivenbark asked Mr. Paluck 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. Paluck responded that he wanted to proceed with the vote. Hearing no further discussion, Chair Rivenbark asked for direction from the Board. MOTION: Commissioner Scalise MOVED, SECONDED by Commissioner Walker to approve the proposed rezoning to a Conditional B-2 district. The Board finds it to be consistent with the purposes and intent of the Comprehensive Plan because the rezoning provides for the types of uses recommended in the Community Mixed Use place type. The Board also finds approval of the rezoning request is reasonable and in the public interest because the Castle Hayne corridor is anticipated to shift from residential to commercial uses along the highway. The following conditions will apply to this approval as follows: 1. Permitted uses shall be limited to: Bar/Nightclub, Outdoor Recreation Establishment, and General Retail Sales. 2. No exterior light poles with lighting fixtures shall be permitted. All other lighting must comply with the lighting standards of Section 5.5 Exterior Lighting. 3. The specimen live oak tree fronting Castle Hayne Road shall be preserved. 4. A shared parking agreement between 5406 Castle Hayne Road and 5400 Castle Hayne Road (Myer’s Attic) will be recorded with the New Hanover County Register of Deeds before issuance of a Certificate of Occupancy. 5. Vehicle parking and vehicle access to the site are prohibited from Blossom Street. 6. The required Street Yard landscaping along Blossom Street shall be supplemented with a minimum 10- foot-wide Type A: Opaque Buffer with fencing installed parallel to Blossom Street. Street Yard NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 JANUARY 6, 2025 REGULAR MEETING PAGE 402 landscaping meeting the opacity requirements of Table 5.4.3.B.2 may be counted towards the Type A buffer requirement. 7. There shall be no outdoor music, entertainment, or sound amplification past 9 p.m. 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 is considered denied. Upon vote, the MOTION PASSED UNANIMOUSLY. 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 39. PUBLIC HEARING AND APPROVAL OF A TEXT AMENDMENT REQUEST BY NEW HANOVER COUNTY PLANNING & LAND USE TO AMEND TABLE 5.1.2.A, SECTION 5.4.5, SECTION 5.4.6, SECTION 2.3, SECTION 4.3.2, AND TABLE 4.2.1 OF THE NEW HANOVER COUNTY UNIFIED DEVELOPMENT ORDINANCE (UDO) RELATED TO ACCESSORY DWELLING UNITS, PARKING RATIOS FOR WAREHOUSES, PARKING LOT LANDSCAPING, STREET-YARD REQUIREMENTS, AND MIXED USE RESIDENTIAL DEVELOPMENT (TA24-05) Mr. Farrell presented the UDO maintenance amendments to ensure it still is current and effective since its adoption in 2020. The amendments were introduced to the Planning Board in October and released for public comment after the November meeting. The first amendment adjusts parking ratios for warehouses. The current standard of 1.5 parking spaces per 1,000 square feet is the highest among the 11 jurisdictions analyzed. Based on a review of 14 warehouse projects approved since 2020, staff proposed a scaled parking ratio, further adjusted by the Planning Board to reduce requirements for larger warehouses. The second amendment adds flexibility for parking lot landscaping requirements, aligning them with existing flexibility for street yard landscaping. The third amendment resolves a gap by requiring street yard landscaping for commercial uses without minimum parking requirements, such as RV and boat storage. The fourth amendment clarifies mixed use residential standards in commercial districts. It removes the Special Use Permit requirement for dwelling types, adds a specific use for Mixed Use Dwellings, moves the mixed use definitions to the ordinance’s definitions section, and consolidates related standards into a dedicated section. The Special Use Permit requirement for B-1 and B-2 districts remains unchanged. A proposed amendment related to Accessory Dwelling Units (ADUs) was deferred for further research and will return to the Planning Board in February 2025. The Planning Board voted to recommend approval (6-0) of the amendments, including changes to warehouse parking ratios. Staff received six public comments, but no changes were made as the comments were either outside the scope of maintenance amendments or expressed general opposition. Staff concurs with the Planning Board’s recommendation. If approved, the UDO will be updated and made available online. Chair Rivenbark announced that no one signed up to speak in support nor in opposition to the request, closed the public hearing, and opened the floor to Board discussion. Discussion ensued about the request. Mr. Farrell, in response to questions, explained that it relates to not allowing residential units on the first floor of a mixed use structure, which has been the current policy of the County related to mixed use development for years. He thinks the intention is to encourage what the County envisions as mixed use, which is commercial on the ground floor with residential above. There is also the ability to have a mixed use development that includes a commercial component and then a separate residential component in a separate structure that would also be considered mixed use on the same property, but if they were combined in the same structure, the intention is residential will be above the ground floor. As to the ability for warehousing to turn into mini storage, he explained those are two different things. A warehouse cannot be a mini-storage, and both definitions are listed in the document. Hearing no further discussion, Chair Rivenbark asked for Board direction on the request. MOTION: Commissioner Zapple MOVED, SECONDED by Commissioner Scalise to approve the proposed amendment to the New Hanover County Unified Development Ordinance to adjust the parking ratio for the use of warehouse, allow administrative modifications to parking lot landscaping, and to clarify street yard requirements and mixed use residential standards for commercial districts. The Board finds it to be consistent with the purpose and intent of the 2016 Comprehensive Plan because it provides up-to-date zoning tools. The Board also finds approval of the proposed amendment reasonable and in the public interest because it provides for clear and effective ordinance standards. Upon vote, the MOTION PASSED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE UNIFIED DEVELOPMENT ORDINANCE OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED FEBRUARY 3, 2020 and is hereby incorporated as part of the minutes and is contained in Exhibit Book XLVI, Page 1.5. PUBLIC COMMENTS Chair Rivenbark stated that seven people signed up to speak under public comment and invited them to provide comments. Kimberly Rushton, a resident of Marathon Avenue, Castle Hayne, NC, spoke about the proposed Hilton Bluffs development, highlighting its massive scale (4,000 acres with 4,030 homes) and its potential to severely harm NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 JANUARY 6, 2025 REGULAR MEETING PAGE 403 the community and environment. She compared it to smaller developments like Riverlights and Landfall, which have already caused significant traffic and environmental challenges. She stated that Hilton Bluffs would bring over 30,000 daily trips to areas like Marathon Avenue, disrupting the quiet residential community and harming sensitive natural areas. She further questioned the developer’s priorities, asserting the focus is on profits rather than the community's well-being. She encouraged the Board to explore conservation options to preserve the County’s last old-growth forest and protect local ecosystems, stressing the importance of long-term community health over short-term development gains. Andy Wood, a resident of Hampstead, NC, spoke about Sledge Forest, emphasizing the ecological importance of the Sledge property, designated as a Significant Natural Heritage Area in North Carolina and the County. The property’s wetlands and upland habitats provide vital biodiversity, flood control, carbon storage, and corridor connectivity along the Northeast Cape Fear River. The area also includes rare natural communities, such as one of the last populations of Atlantic white cedar. He expressed concerns about contamination from the nearby GE site, noting past reports of pollutants on the property and recent data suggesting contamination may be spreading. He feels there is a need for updated groundwater and surface testing to assess the risks and advocate for making this information publicly available. He urged the Board to prioritize the property’s environmental significance and health risks when considering development decisions. Lisa Peck, a resident of Tall Oaks Drive, Castle Hayne, NC, voiced her opposition to the Sledge Forest development, emphasizing the need to preserve the area’s natural environment, which includes old-growth trees, wildlife, and forests that prevent flooding in Castle Hayne neighborhoods. She commented on the importance of protecting this peaceful and environmentally significant area from the harms of development. She expressed concerns about chemical contamination from GE’s past dumping on the property, drawing parallels to the contamination at Camp Lejeune, which caused her husband’s battle with non-Hodgkin lymphoma. She details the health impacts of exposure to chemicals such as chromium, uranium, vinyl chloride, and trichloroethylene. She also questions who monitors the contamination plume GE currently manages and its risks to the water supply. She also questions whether contamination risks were disclosed in the development application and who would be held accountable for water safety and public health if 4,000 homes are built on the site. She urged the Board to prioritize the well-being of residents and the preservation of the area while considering the long-term environmental and health consequences of the project. Kayne Darrell, a resident of Castle Lakes Road, Castle Hayne, NC, voiced her opposition to the Hilton Bluffs development, describing it as an unprecedented project in the County, proposing over 4,000 homes on 1,000 acres in an RA-zoned area. She commented on the significant strain the project would place on infrastructure, noting that over 30,000 daily car trips would rely on a single access road and spill onto an already overburdened and unsafe two-lane street rated "F." She reported on environmental concerns, emphasizing the floodplain location, rising sea levels projected to submerge the area by 2050, and the proximity to a hazardous waste site with carcinogenic chemicals. She expressed concern about the unknown impacts of soil and water disruption on the toxic plume, which continues to spread despite decades of containment efforts. She criticized the developer for circumventing the rezoning process, which has limited public input and bypassed typical Board approval. She urged the Board to prioritize the community's health, safety, and environmental preservation over developer interests. Tim Holder, a resident of Quail Woods Road, Wilmington, NC, spoke about the need to protect Sledge Forest, highlighting its ecological importance as one of the last globally significant habitats in the region. He describes the area as an ecosystem with 350-year-old longleaf pines, 500-year-old cypress trees, and various rare plants and wildlife. Due to its biodiversity, the North Carolina Heritage Program designates Sledge Forest as a significant natural area. He believes that developing 1,000 acres for 4,000 homes, at a density of four homes per acre, will harm the entire 4,000-acre ecosystem. He also voiced concern about the 2016 rezoning, which shifted the property from conservation to high-density residential use and questioned whether the process included adequate public input. He urged the Board to reconsider the 2016 rezoning and protect the forest through permanent conservation, ensuring it still is a resource for future generations and preserving its global significance. Cindy Gallardo, a resident of Spring View Drive, Wilmington, NC, stated she represents Native American tribes and advocates for the protection of Sledge Forest and its 4,000 acres. She commented on the birth of two white buffalo calves in 2024, a significant symbol in Native American culture representing both a warning and hope of Mother Earth and the need for collective action to protect and preserve her. She commented on the responsibility of the Board in decisions that affect the environment, urging it to reconsider any plans that would harm the land. She asked the Board to protect Sledge Forest so it can remain intact for future generations and serve as a place for people of all backgrounds to experience its natural beauty. Dr. Jon Martell, a resident of Oakland Drive, Wilmington, NC, representing the Cape Fear FIVE STAR Project urged the Board to prioritize clarity and accountability in local hospital care, sharing a series of tragic cases to emphasize the need for improvement. While commending Novant-New Hanover Regional Medical Center’s strong stroke and heart attack programs, he highlighted preventable medical errors and misdiagnoses that have led to unnecessary deaths in the emergency department. He reported on specific cases, including a child’s tragic death, preventable complications from undiagnosed conditions, and medical mistakes affecting multiple patients. He urged the Board to demand accountability and ensure better outcomes for the community’s healthcare system. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 JANUARY 6, 2025 REGULAR MEETING PAGE 404 ADDITIONAL AGENDA ITEMS OF BUSINESS Vice-Chair Pierce requested that County Manager Coudriet and staff research the referenced 2016 rezoning of Sledge Forest and report back to the Board with the information. County Manager Coudriet responded that the only thing he is familiar with is the Comprehensive Plan, adopted in 2016, which defined the vision for the County. There have been no County initiated preemptive rezonings to make any of that vision anywhere in the unincorporated County. However, there may have been a rezoning, but not on the scale of what is being discussed. He and staff will research and report back to the Board with their findings. Vice-Chair Pierce requested that the County’s noise ordinance be reassessed for potential amendment. The Board has received several complaints throughout the year, and she feels it is unfair to rely on County staff to enforce these conditions on specific properties. There is a need to provide more authority to the Sheriff’s Department to handle noise violations effectively, as staff does not have the capacity to manage noise ordinance enforcement. Many of the unincorporated County areas now face issues like those in municipalities and an amendment will better address these growing challenges. After a brief discussion, there was a Board consensus for staff to reevaluate the ordinance. County Manager Coudriet reported that work has started on this issue, and staff will report back to the Board with recommendations. ADJOURNMENT There being no further business, Chair Rivenbark adjourned the meeting at 5:56 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.