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HomeMy WebLinkAbout2025-05-05 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 MAY 5, 2025 REGULAR MEETING PAGE 504 ASSEMBLY The New Hanover County Board of Commissioners met on May 5, 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; Dane Scalise; Commissioner Stephanie A.C. Walker; and Commissioner Rob Zapple. Members absent: Vice-Chair LeAnn Pierce. Staff present: County Manager Chris Coudriet; Clerk to the Board Kymberleigh G. Crowell; and County Attorney K. Jordan Smith. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend David Haley, Associate Pastor, Wrightsville United Methodist Church provided the invocation, and Commissioner Walker led the audience in the Pledge of Allegiance to the Flag. Chair Rivenbark stated that Vice-Chair Pierce is unable to attend the meeting and therefore, the Board members present need to excuse her from the meeting. He asked for a motion and a second to excuse Vice-Chair Pierce from the May 5, 2025 meeting. Motion: Commissioner Scalise MOVED, SECONDED by Commissioner Zapple to excuse Vice-Chair Pierce from the May 5, 2025 meeting. Upon vote, the MOTION PASSED 4 TO 0. 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 PASSED 4 TO 0. CONSENT AGENDA Approval of Minutes – Governing Body The Board approved the minutes of the April 17, 2025 Agenda Review, the April 21, 2025 Regular Meeting, and the April 21, 2025 Budget Work Session. Adoption of Bicycle Awareness Month Proclamation – Parks and Gardens The Board adopted the Bicycle Awareness Month proclamation and proclaimed May 2025 be recognized as “Bicycle Awareness Month” in New Hanover County. A copy of the proclamation is hereby incorporated as part of the minutes and contained in Exhibit Book XLVI, Page 9.1. Adoption of Elder Abuse Awareness Month Proclamation – Health and Human Services The Board adopted the Elder Abuse Awareness Month proclamation and proclaimed May 11, 2025 (Mother’s Day) through June 15, 2024 (Father’s Day) to be recognized as Elder Abuse Awareness Month in New Hanover County. A copy of the proclamation is hereby incorporated as part of the minutes and contained in Exhibit Book XLVI, Page 9.2. Adoption of Foster Care Awareness Month Proclamation – Health and Human Services The Board adopted the Foster Care Awareness Month proclamation and proclaimed that May 2025 be recognized as “Foster Care Awareness Month” in New Hanover County. A copy of the proclamation is hereby incorporated as part of the minutes and contained in Exhibit Book XLVI, Page 9.3. Adoption of Mental Health Awareness Month Proclamation – Health and Human Services The Board adopted the Mental Health Awareness Month proclamation and proclaimed that May 2025 be recognized as Mental Health Awareness Month in New Hanover County. A copy of the proclamation is hereby incorporated as part of the minutes and contained in Exhibit Book XLVI, Page 9.4. Adoption of Women's Health Month Proclamation – Health and Human Services The Board adopted the Women's Health Month proclamation and proclaimed that May 2025 be recognized as Women’s Health Month. A copy of the proclamation is hereby incorporated as part of the minutes and contained in Exhibit Book XLVI, Page 9.5. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 MAY 5, 2025 REGULAR MEETING PAGE 505 Ratification of Resolution Recognizing Dr. Steven Errante for Thirty-Nine Years of Service to New Hanover County and the Cape Fear Region – Governing Body The Board ratified the resolution recognizing Dr. Steven Errante for thirty-nine years of service to New Hanover County and the Cape Fear Region and offered best wishes for success in his future endeavors. A copy of the resolution is hereby incorporated as part of the minutes and contained in Exhibit Book XLVI, Page 9.6. Second Reading: Approval of Solid Waste Franchise Agreement for Forever Clean Portable Toilets, Inc. – County Attorney The Board approved the second reading to authorize the issuance of a solid waste franchise agreement to Forever Clean Portable Toilets, Inc. A copy of the franchise agreement is on file in the legal department. First Reading: Approval of Solid Waste Franchise Agreement for Auteri Holding LLC Mobiledumps Wilmington – County Attorney The Board approved the first reading to authorize the issuance of a solid waste franchise agreement to Auteri Holding LLC Mobiledumps Wilmington. A second reading is required. REGULAR ITEMS OF BUSINESS SECOND READING: AMENDMENTS TO CHAPTER 5 – ANIMALS (ARTICLES I & II) AND UPDATES TO THE NHC SHERIFF'S OFFICE ANIMAL SERVICES UNIT FEE SCHEDULE; APPROVED ON THE REGULAR AGENDA AT THE FIRST READING ON APRIL 21, 2025 – STRATEGY Chair Rivenbark stated this matter has been added to the Regular Agenda as a formality, no action is needed, and there will not be a presentation. The item will be placed on the agenda for consideration at the next regularly scheduled meeting on May 19, 2025. CONSIDERATION AND APPROVAL OF THE NOVANT STEM PARTNERSHIP SPONSORSHIP OF CAPE FEAR MUSEUM'S SCIENCE MATTERS GALLERY Cape Fear Museum Director Kate Baillon reported that Novant Health has committed to a 10-year, $200,000 sponsorship of the Science Matters exhibition. The sponsorship will directly fund the continued development and delivery of high-impact STEM programming at the new museum in the Grace District. In accordance with the County’s Naming and Sponsorship Policy, the Board’s approval is required for the sponsorship to move forward. Victoria Bellamy from Novant Health Community Engagement and Amy Akers, Chief Nursing Officer at Novant Health and a Cape Fear Museum Associate Board member, were present to answer questions. Ms. Bellamy emphasized that Novant Health views community health as extending beyond hospital walls and expressed enthusiasm for the partnership with the Cape Fear Museum. With no further discussion, Chair Rivenbark requested Board direction. MOTION: Commissioner Zapple MOVED, SECONDED by Commissioner Scalise to Approve the $200,000 sponsorship from Novant Health in support of the Cape Fear Museum’s "Invest in Grace" campaign. Upon vote, the MOTION PASSED 4 TO 0. A copy of the proclamation is hereby incorporated as part of the minutes and contained in Exhibit Book XLVI, Page 9.7. CONSIDERATION AND ADOPTION OF GREATER WILMINGTON SPORTS HALL OF FAME WEEK PROCLAMATION Chair Rivenbark read the proclamation into the record recognizing May 12–18, 2025, as “Greater Wilmington Sports Hall of Fame Week” in New Hanover County, honoring the achievements of these inspiring individuals and the Hall of Fame’s ongoing commitment to celebrating athletic excellence and fostering community pride. Louise McColl, Chair of the Greater Wilmington Sports Hall of Fame, expressed appreciation to the Board for considering the proclamation. With no further discussion, Chair Rivenbark requested Board direction. MOTION: Commissioner Scalise MOVED, SECONDED by Commissioner Walker to adopt the proclamation recognizing May 12–18, 2025, as “Greater Wilmington Sports Hall of Fame Week” in New Hanover County. Upon vote, the MOTION PASSED 4 TO 0. A copy of the proclamation is hereby incorporated as part of the minutes and contained in Exhibit Book XLVI, Page 9.7. CONSIDERATION AND ADOPTION OF SAFE BOATING WEEK PROCLAMATION Commissioner Scalise read the proclamation into the record recognizing May 17–23, 2025, as Safe Boating Week in New Hanover County. David Parker, Safety Officer, Cape Fear Sail and Power Squadron, expressed appreciation to the Board for considering the proclamation. With no further discussion, Chair Rivenbark requested Board direction. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 MAY 5, 2025 REGULAR MEETING PAGE 506 MOTION: Commissioner Scalise MOVED, SECONDED by Commissioner Zapple to adopt the proclamation recognizing May 17–23, 2025 as Safe Boating Week in New Hanover County. Upon vote, the MOTION PASSED 4 TO 0. A copy of the proclamation is hereby incorporated as part of the minutes and contained in Exhibit Book XLVI, Page 9.8. CONSIDERATION AND APPROVAL OF THE PURCHASE OF THE FLOSSIE BRYAN PROPERTY Chief Financial Officer Eric Credle presented the following information regarding the purchase of the property:  Flossie Bryan Land Tract:  3990 Independence Boulevard  Approximately 60 acres, undeveloped  The County is already 2/3 owner via the estate of Flossie Bryan, who passed away in 2003  $11,600,000 total purchase price (including County’s 2/3)  The net cost to the County is $3,866,667:  To be funded with corpus of Revenue Stabilization Fund with the intent to be repaid by the General Fund in the amount of $463,925.49 per year for 10 years, which includes a market interest rate of 4.08%  Environmental due diligence noted a finding related to a nearby property  The upset bid process has been completed Mr. Credle noted that because the use of the corpus of the Revenue Stabilization Fund is proposed, a supermajority of the Board (4 of 5) is required to approve this transaction. If the Board approves the item today, the closing is expected to proceed soon after the court confirms the sale. Chair Rivenbark thanked Mr. Credle for the presentation and opened the floor for Board discussion. A brief discussion ensued about the matter. Commissioner Zapple thanked staff for their work and the public for their patience, noting this as a significant achievement for the County. He commented on the importance of the public's input and the Board’s responsiveness, highlighting the long-term benefit of preserving green space for future generations. Commissioner Scalise expressed gratitude to the community members who advocated for the property's conservation and acknowledged the Bryan family's original intent to preserve the land. He noted that, despite legal challenges, the Board and staff found a solution. He also recognized Russell Lee Master, a member of the Bryan family, and thanked him and his family for the opportunity to make the preservation of the land become a reality. Commissioner Walker echoed prior comments and shared her personal appreciation for such a generous act. She expressed excitement for the land’s future use, including potential for agriculture and education, and encouraged continued public involvement as the project moves forward. With no further discussion, Chair Rivenbark requested Board direction. MOTION: Commissioner Zapple MOVED, SECONDED by Commissioner Walker to approve the purchase of the Bryan Property for $11,600,000, with the net cost to the County is $3,866,667 to be funded with corpus of Revenue Stabilization Fund with the intent to be repaid by the General Fund in the amount of $463,925.49 per year for 10 years, and adopt budget amendment 25-052. Upon vote, the MOTION PASSED 4 TO 0. A copy of budget amendment 25-052 is hereby incorporated as part of the minutes and contained in Exhibit Book XLVI, Page 9.9. PUBLIC HEARING AND DENIAL OF A REZONING REQUEST BY CINDEE WOLF WITH DESIGN SOLUTIONS, APPLICANT, ON BEHALF OF TERRY DEAN, RITA ENGLISH, JUSTIN SLACK, AND MARTIN POLLACK, PROPERTY OWNERS, TO REZONE TWO PARCELS TOTALING APPROXIMATELY 1.94 ACRES LOCATED AT 1609 AND 1617 MIDDLE SOUND LOOP ROAD FROM THE R-20S, RESIDENTIAL DISTRICT TO A GENERAL USE R-20, RESIDENTIAL DISTRICT (Z25-04) NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 MAY 5, 2025 REGULAR MEETING PAGE 507 Development Review Planner Ryan Beil presented the staff report, stating that the applicant seeks to rezone approximately 1.94 acres from R-20S Residential to R-20 Residential. This is a straight rezoning application, meaning it does not include a concept plan, and the Board cannot add conditions. The subject properties are along Middle Sound Loop Road between Mason Landing Road and Mark Twain Drive. Originally zoned R-20 in 1970, the lots were rezoned to R-20S in 1988 at the request of Middle Sound Loop Road residents who wanted to limit density. Surrounding zoning includes R-15 to the north, south, and west, and R-20S to the east. The site includes an existing single-family home at 1609 Middle Sound Loop Road and a vacant lot at 1617 Middle Sound Loop Road. While R-20S and R-20 share the same dimensional standards, R-20 allows accessory dwelling units (ADUs), mobile homes, and performance residential developments which are uses not permitted under R-20S. Mr. Beil then presented a staff-generated visual illustrating a potential buildout scenario under the R-20 zoning, showing the possibility of four single-family homes, each with an ADU, for a total of eight dwellings. He emphasized that this visual did not come from the applicant and that any future development must comply with the Unified Development Ordinance (UDO), including requirements for lot size, setbacks, and ADU standards. ADUs must not exceed 1,200 square feet, are limited to one per lot, and must be in the rear yard unless built over a detached garage. Mr. Beil also confirmed that no State Transportation Improvement Projects (STIP) are planned for this section of Middle Sound Loop Road. Both parcels have direct and full access to the road. A traffic impact analysis (TIA) is not required for straight rezonings. He noted that the proposed rezoning could slightly increase traffic and student generation, though impacts would likely remain minimal. Mr. Beil further reported that the rezoning could support a transitional pattern of development between R-15 and R-20S in an area already characterized by mixed zoning. He stated that R-20S was originally intended to preserve low density to protect environmentally sensitive areas. However, the availability of public and private utilities makes it unlikely that these sites will rely on private wells or septic systems. He added that the project supports the County’s goal of increasing the housing supply to one residential unit per two residents. The 2016 Comprehensive Land Use Plan (Comprehensive Plan) designates the properties as General Residential place type, which prioritizes low-density housing and supporting civic and commercial services. The proposed development will remain within the desired density range while helping accommodate continued growth in the County. The Planning Board considered this item at its April 3, 2025 meeting and voted (5-1) to recommend approval. It was found that the request is consistent with the Comprehensive Plan, noting that the proposed zoning aligns with the desired density of the place type while supporting future growth. The Planning Board also found the request reasonable and in the public interest, as it would provide more housing options for the community. Staff based its recommendation on policy guidance from the Comprehensive Plan, zoning considerations, and technical review, and concurred with the Planning Board’s recommendation. Staff also received eight public comments, which were provided to the Board earlier in the day. In response to questions, Planning Board member Clark Hipp explained that a majority of members felt the rezoning would not significantly change the property’s use. The applicant did express interest in adding ADUs, which R-20 zoning allows. Most members found that intent reasonable. However, Mr. Hipp dissented, citing concerns about the lack of a development plan in straight rezonings. He stated that, as both a board member and citizen, he believes the public should have more clarity on intended uses, especially with so few parcels remaining in the County. He also expressed concern about removing the “S” designation, originally intended to reflect environmental sensitivity. While the majority viewed the change as minor, he believed these issues justified a “no” vote. Chair Rivenbark thanked Mr. Beil for the presentation and invited the applicant to make remarks. Cindee Wolf with Design Solutions, applicant, on behalf of Terry Dean, Rita English, Justin Slack, and Martin Pollack, property owners, stated that the rezoning petition involves two separate parcels. Her clients own 1617 Middle Sound Loop Road, while the owners of 1609 Middle Sound Loop Road, Terry and Rita English, agreed to include their parcel to prevent a small fragment of R-20S zoning from remaining between the adjacent church and the R-15 district that includes Treasure Cove. She clarified that there is no intention of combining the parcels. As staff explained, the R-20 and R-20S zoning districts share similar dimensional standards for lot size, width, and setbacks. The primary difference is that R-20 allows performance residential developments and accessory dwelling units (ADUs), while R-20S does not. She pointed out that performance residential zoning was used in nearby communities such as Treasure Cove to allow higher density while preserving a single-family character. Other rezonings in the original R-20S area, including Mason Harbor and Winds Harbor, followed a similar approach. She described ADUs as a flexible option to help address housing shortages and affordability, explaining that they cannot be sold separately and are often used by family members or for rental income. Her clients intend to subdivide the 1617 parcel into two lots, each over 20,000 square feet, a division already permitted by code. At least one owner plans to add an ADU if the rezoning is approved. Regarding 1609 Middle Sound Loop Road, Ms. Wolf stated that the existing home is rented to the Englishes’ son. She addressed questions about the RV on the property, explaining that the son uses it for work travel and occasionally airs it out at home. The Englishes understand the RV cannot be used as a dwelling under the current or proposed zoning. They have no plans to subdivide their lot or build an ADU and intend to pass the property on to their son. Ms. Wolf acknowledged receiving letters of opposition, including some from residents of nearby performance residential developments that currently permit greater density than what this proposal would allow. Even if all owners added ADUs, the maximum number of units would be four. She emphasized that adjacent R-15 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 MAY 5, 2025 REGULAR MEETING PAGE 508 lots already allow ADUs, and granting this request would help ensure fairness in housing opportunities. She also noted that the parcels sit well above the nearest floodplain, reducing drainage concerns. Ms. Wolf concluded by stating that the request seeks to allow ADUs on two lots. She thanked staff for recommending approval and expressed her belief that the request aligns with the County’s plans and serves the public interest. In response to questions, Ms. Wolf confirmed that R-20 zoning permits ADUs up to 1,200 square feet in size but does not impose a bedroom cap. She explained that the regulation allows the use, and four-bedroom homes within that square footage are not uncommon. In contrast, ADUs in performance residential developments are limited to one bedroom. Since this project involves a conventional two-lot subdivision, not performance residential development, that restriction does not apply. If both lots are developed, a maximum of four ADUs could be built, one per lot. As to the reason for submitting a straight rezoning application, Ms. Wolf explained that conditional rezonings require a site-specific development plan, and her clients do not intend to pursue a unified or large-scale project. They simply seek the flexibility to add ADUs. Regarding concerns about a wedding venue, Ms. Wolf clarified that the events occurred on a separate parcel under the same ownership but unrelated to this rezoning request. Her client leased that property to a management company that hosted events. Both the County and the property owner directed the company to cease operations, and all scheduled events were canceled. She reiterated that the venue parcel does not involve the subject parcels. Regarding concerns about water supply, Ms. Wolf stated that the Englishes’ property currently uses a private well. The adjacent parcels owned by her clients back up to the Cape Fear Public Utility Authority (CFPUA) system, giving them the option to connect or to drill private wells. Under current rules, one well is permitted per lot. If the property is subdivided, two homes and two wells would be allowed, regardless of whether ADUs are constructed. Based on her experience as a former Middle Sound Loop Road resident, while wells are not ideal, they remain common in the area. In this case, access to public water is available but not required. She added that the proposed subdivision does not meet the threshold under County regulations that would trigger a mandatory connection to public water. Chair Rivenbark stated that no one signed up to speak in favor, and four (4) people signed up to speak in opposition to the request. He asked the opposition speakers to provide their remarks. Aleeze Arthur, resident of Denise Drive, Wilmington, NC, spoke in opposition to the request, stating that her property is located about half a mile from the proposed rezoning site. She stated her concerns about the declining water table and limited access to public water. Ms. Arthur reported that her well failed in July 2023, leaving her without water for four weeks and requiring a $12,000 replacement. She expressed concern that other residents, particularly elderly neighbors, may not be able to afford similar repairs. She also pointed to saltwater intrusion from Pages Creek as a growing issue affecting local wells. She cited the lack of a site plan, which forces the community to speculate about future uses. She voiced concerns about increased residential density, the potential for townhomes, and expanded parking for the nearby event venue at 2010 Deep Creek Run, a property owned by one of the applicants. She noted that the venue lacks on-site parking and currently shuttles guests from Ogden School, which adds traffic to the area. She also raised safety concerns due to high pedestrian and cyclist activity in the neighborhood. She urged the Board to deny the rezoning request in the absence of a site plan and broader community engagement. Dr. Robert Parr, a resident of Falcon Point Drive and representative of Middle Sound Lookout, spoke in opposition to the rezoning. He explained that the R-20S zoning was established in 1988 to protect groundwater, reduce traffic, and preserve local creeks. He warned that rezoning to R-20 could double water use on well-dependent lots and worsen saltwater intrusion in an area already experiencing a declining water table. Citing a 2014 study, he noted the increased intrusion between Futch and Pages Creek and referenced failures of wells during storms, including Hurricane Florence. He urged the Board to require conditional zoning to ensure public input and development transparency, expressing concern over the lack of a site plan. He noted that R-20 allows both ADUs and duplexes, which he believed had been overlooked, and cautioned that added density could significantly increase daily traffic. He asked the Board to prioritize the needs of existing residents and preserve the intent of R-20S zoning. Chair Rivenbark stated that the opponents’ speaking time was concluded and that the applicant and opponents will each have up to five (5) minutes for rebuttal statements. In applicant rebuttal, Ms. Wolf stated there is no speculation other than two homes. While a duplex could be built, the space required would limit it to two homes. Regarding the wells, the first opposition speaker acknowledged that their failed well was older, implying age, not development, may have caused the failure. She expressed concern that the opposition seemed to aim at preventing others from using wells, despite this request involving only two new residences. She reiterated that ADUs provide flexibility, often are used for family members such as aging parents or adult children, and that surrounding R-20 properties already allow them. The subject parcels lie between an R-20 area and a church, making this application a modest, logical extension rather than a major shift. Additionally, requiring conditional zoning would be disproportionate for a proposal of this scale, and requiring public water connections for two single-family homes would be unreasonable. She also noted that a rebuttal is meant to respond to earlier points, not to introduce new arguments without the opportunity for reply. In opposition rebuttal, Peter Lapiska, a resident of Nautica Yacht Club Drive in Wilmington, NC, expressed NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 MAY 5, 2025 REGULAR MEETING PAGE 509 concern about the proposed rezoning's impact on the area's groundwater supply. He explained that his neighborhood, which includes about 25 homes, recently experienced issues with water quality from a shared well. The water became undrinkable and required chlorine treatment to be made safe. He noted that this well draws from the same aquifer as the proposed development site. As a former math teacher and systems engineer, he analyzed the potential impact of the rezoning. He pointed out that splitting two lots into four, combined with the possible addition of ADUs, could result in up to eight housing units all drawing from the same water table. He expressed concern that this increased demand would further strain an already limited resource and urged the Board not to approve the rezoning. In opposition rebuttal, Andrew Smith, a resident of Deep Creek Run in Wilmington, NC, refuted claims about where the opposition comments originated. He stated that long-standing property owners, not performance subdivision residents, wrote the opposition letters. He disputed the applicant’s assertion that wedding events at 2010 Deep Creek Run had stopped, noting that Adam Slack, the owner, still holds large events, including one planned for the coming weekend and eight more this summer. He raised concerns that the subject site, about 1,500 feet from the venue, will support the wedding business through additional housing. He also reported issues such as fireworks, trespassing, and heavy traffic, including over 80 rideshare vehicles entering the neighborhood on some nights. While he typically supports reasonable development, he argued that this rezoning furthers an ongoing zoning violation and disrupts neighborhood quality of life. He urged the Board to deny the request. In opposition rebuttal, Ms. Arthur stated she neither indicated nor implied that the wells that went dry were old. She implied that she has old neighbors, which is different. Also, it is strictly R-20S on Kennedy and Mason Landing, as well as the roads off those two roads. After a brief discussion, Chair Rivenbark allowed Ms. Wolf an additional two (2) minutes of rebuttal time. In additional applicant rebuttal, Ms. Wolf stated the referenced violation of the wedding venue took her by surprise. However, the County has regulations in place to remedy that, and she is certain the parties will comply. A brief discussion ensued about the request. In response to questions, Mr. Beil clarified that the proposed R-20 zoning allows the construction of a duplex on each of the two existing lots, provided they are not subdivided, but only with a SUP. Duplexes are not permitted by right in R-20. Also, if the lots are subdivided, the ability to install a duplex is lost because each lot will be approximately 20,000 square feet, which does not meet the minimum size requirement of 35,000 square feet for duplexes. Planning and Land Use Director Rebekah Roth explained that the County classifies soils into four types, class one through class four, each with varying limitations for drainage and septic system suitability. Class four soils generally have the most severe limitations, and some soil types may require connection to public sewer or water systems due to those constraints. Commissioner Zapple stated that he could not support the request due to the lack of a site plan and infrastructure. In response to additional questions, Mr. Beil also confirmed there is CFPUA sewer to the sites but not water. 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 and stated that there is sewer, and the class four soils are irrelevant in regard to septic systems. Hearing no further discussion, Chair Rivenbark asked for Board direction. Motion: Commissioner Scalise MOVED, SECONDED by Commissioner Walker, to deny the proposed rezoning. While the Board finds it to be consistent with the purposes and intent of the Comprehensive Plan because the R-20 Residential zoning district would provide uses and densities in line with the General Residential place type. The Board finds denial of the rezoning request is reasonable and in the public interest because the rezoning would potentially impact the single-family residential character of the area by allowing an increase in potential density. Upon vote, the MOTION PASSED 4 TO 0. PUBLIC HEARING AND APPROVAL OF A TEXT AMENDMENT REQUEST BY TAMMI PITTS, APPLICANT, ON BEHALF OF WILMINGTON LODGE #343, LOYAL ORDER OF MOOSE, INC., PROPERTY OWNER, TO AMEND SECTION 4.4.4 STANDARDS FOR SPECIFIED ACCESSORY USES AND STRUCTURES TO ALLOW RV AND BOAT STORAGE AND RV CAMPING AS PERMITTED ACCESSORY USES TO LODGES, FRATERNAL, AND SOCIAL ORGANIZATIONS WITH RESTRICTIONS (TA25-01) Senior Planner Zach Dickerson reported that the applicant’s text amendment request seeks to allow RV storage and camping at fraternal and social lodges. Representatives from the Moose Lodge have stated this use reflects a service offered to members for several years. However, the property is zoned R-15, which does not permit RV storage or camping without a SUP. The applicant’s original request proposed up to six camping sites for 14-day stays, and RV storage at lodge properties. Mr. Dickerson reviewed the UDO definition of lodges and noted they are permitted in several zoning districts, either by-right or with a SUP. He presented a map showing all applicable zoning districts, emphasizing that the proposed amendment would apply countywide, not just to the Moose Lodge at 4610 Carolina Beach Road. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 MAY 5, 2025 REGULAR MEETING PAGE 510 Mr. Dickerson reported that the Planning Board initially supported small-scale RV camping at lodge sites but opposed RV storage. At its April 3 meeting, the Planning Board considered a revised staff proposal, which had removed RV storage and incorporated edits based on discussions with the applicant. The recommended amendment includes regulations for the design, placement, and access of RV camping at lodges, requiring a SUP for lodges in R- 15 zoning to add RV camping, meaning any lodge would need to amend its permit through the quasi-judicial process. Staff revised the proposal to shorten the maximum stay from 14 to 7 days and to allow restrooms and shower facilities outside the main lodge building, accommodating existing conditions at the Moose Lodge on Carolina Beach Road. Also updated are the standards for septic disposal, referencing allowable systems under North Carolina law, and limited the use to sites with direct access to major arterial roads. Considering broader implications beyond the Moose Lodge site, staff expressed concern about the compatibility of RV camping in residential areas and its potential impact on surrounding uses. While the revisions reduce the likelihood of this use in dense residential zones, staff remain concerned and recommend denial. If the Board approves the amendment, staff has prepared the Planning Board’s recommended language for adoption into the UDO. A brief discussion ensued about the application. Mr. Dickerson confirmed that the verbiage specifies that any existing lodge desiring to add RV camping must go through the zoning process. Lodges in residential districts are required to have a SUP, so they would need to update it, while those in commercial districts would only need to go through the Technical Review Committee (TRC). Mr. Dickerson explained that staff became aware of RVs staying overnight on the site, leading to the compliance issue. This text amendment, developed in coordination with the applicant, aims to bring the site into compliance. Ms. Roth added that staff did not receive complaints from adjacent property owners; instead, questions arose on social media about why RV camping was allowed at this location but not others. The posts prompted staff to review the situation and records, determining that the use was not permitted at this site. The applicant acknowledged the non-compliance and made efforts to rectify the situation. No RVs have been on the site since the end of last summer. Chair Rivenbark thanked Mr. Dickerson for the presentation and invited the applicant to make remarks. Bryan DeBose, representing Tammi Pitts and the Wilmington Lodge #343, Loyal Order of Moose, Inc., explained that the Moose Lodge has been offering RV camping for members for over 30 years, well before zoning regulations addressed the issue. He noted that the setup complies with required setbacks and is largely out of public view, with fencing along one side and all RV activity located behind the building. Most other lodges in the area likely cannot accommodate this type of use due to space constraints. During events, visiting members often camp on-site. This practice is limited to Moose members and is common among the more than 1,600 lodges nationwide. A brief discussion ensued about the application and the process the applicant followed. The primary issue focused on the applicant not following the proper approval process for the use. After being informed about the non- compliance, the lodge ceased the activity and took appropriate steps to bring the use into compliance through the text amendment process. Neighbors did not submit any objections or complaints. Commissioner Scalise stated his support for the request and emphasized the importance of following proper procedures to correct violations. Mr. DeBose confirmed that several discussions were held with staff and that the Moose Lodge agreed with the text amendment as presented. A brief discussion ensued regarding the Planning Board’s consideration of the application. Mr. Hipp, in response to questions, stated that the Planning Board appreciated the applicant's collaboration with staff to develop a solution applicable to their situation and others, provided they complied with regulations. Although the applicant had ceased the activity and wanted to resolve the issue quickly, they patiently allowed staff the necessary time to address Planning Board comments. Mr. Hipp explained that the site is unique, with the ordinance permitting this use only on parcels of at least five acres along an arterial road, a criterion that applies to very few properties in the County. The Planning Board requested that the applicant reduce the number of RVs, shorten the stay length, and remove RV storage from the proposal. While the text amendment could apply elsewhere, future applicants would still need to meet these strict conditions. Despite the site not being purpose-built, its layout and the ordinance's requirements would help limit impacts on neighboring properties. In response to questions, Mr. Dickerson stated that the Moose Lodge location is zoned R-15 with some neighborhoods behind it to the south. However, the subject parcel is large with significant vegetative buffering around it. Hearing no further discussion, Chair Rivenbark announced that no one signed up to speak in favor or opposition, closed the public hearing, and asked Mr. DeBose 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. DeBose responded that he wanted to proceed with the vote. Chair Rivenbark asked for Board direction. MOTION: Commissioner Scalise MOVED, SECONDED by Commissioner Zapple to approve the proposed amendment to the New Hanover County Unified Development Ordinance to add language to Section 4.3.4. The Board finds it to be consistent with the goals of the 2016 Comprehensive Plan to encourage a mix of uses and promote place-based economic development. The Board also finds approval of the proposed amendment reasonable and in the public interest because it allows lodges and social organizations to provide customary services for their members, and the proposed amendment is designed to mitigate potential impacts on adjacent properties. Upon vote, the MOTION PASSED 4 TO 0. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 MAY 5, 2025 REGULAR MEETING PAGE 511 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 9.10. QUASI-JUDICIAL PUBLIC HEARING AND APPROVAL OF A REQUEST BY CARILLON ASSISTED LIVING, LLC, APPLICANT, ON BEHALF OF SYLVIA AND MICHAEL LEWIS AND KAREN AND CHARLES COBB, PROPERTY OWNERS, FOR A SPECIAL USE PERMIT FOR A SENIOR LIVING: ASSISTED LIVING FACILITY IN A R-15, RESIDENTIAL DISTRICT ON APPROXIMATELY 10.61 ACRES LOCATED AT THE 7200 BLOCK OF PLANTATION ROAD (S25-01) Chair Rivenbark stated this is a quasi-judicial hearing and before the hearing is opened, the deputy county attorney will provide an overview of the hearing procedures. Deputy County Attorney Karen Richards stated that, for the public's understanding of the hearing process, it is important to remember that there are four criteria or elements that must be set out as findings of fact in the Board’s decision and clearly stated on the record: 1) will this project materially endanger public health or safety, 2) does the project meet all required conditions and specifications of the Unified Development Ordinance, 3) will this project substantially injure the value of adjoining or abutting property, and 4) will the project be in harmony with the area in which it is located and in general conformity with the Comprehensive Plan for New Hanover County. While the staff has compiled information from the applicant that may or may not support these findings of fact, it is up to the Board to make that determination, and it must be reflected in the Board’s decision. Chair Rivenbark opened the public hearing and announced that because the SUP process requires a quasi- judicial hearing, anyone wishing to testify must be sworn in. He asked that all people who signed in to speak and wish to present competent and material testimony please step forward to be sworn in. Zach Dickerson Tim Lowe Jeff Hochanadel Cal Morgan Jim Hundley Rebekah Roth Caitlin Cerza Matthew Nichols Tim Clinkscales Robert Farrell Marcos Vidal Brad Schuler Michelle Measday Chair Rivenbark further stated that a presentation will be heard from staff, then the applicant and any opponents will each be allowed fifteen minutes for their presentations and an additional five minutes for rebuttal. He asked Mr. Dickerson to provide the staff presentation. Mr. Dickerson presented the staff report, stating that the hearing concerns a SUP request for a senior living– assisted living facility in an R-15 Residential zoning district. The vacant site lies on a service road off the Military Cutoff Extension, just south of Plantation Road. In 2023, the Board approved a SUP for a cell tower on the adjacent parcel to the north. The subject site is zoned R-15 and is bordered by R-15 zoning to the north and east. It also adjoins the Hanover Reserve Planned Development, which includes residential and commercial uses; this portion remains undeveloped. Access is provided via the service road, with U-turns available on Military Cutoff Extension for southbound travel toward Market Street. The Hanover Reserve development includes a project to extend Murrayville Road to connect with Military Cutoff Extension, which the North Carolina Department of Transportation (NCDOT) is currently reviewing. The site does not currently have CFPUA water or sewer service. However, sewer service is anticipated by the end of 2025 through the County’s Last Frontier partnership with CFPUA. A separate, currently unfunded project is planned to provide water service. The applicant’s concept plan proposes a 48,000-square-foot assisted living facility, a courtyard amenity area, sidewalks, a stormwater pond, a planned CFPUA pump station, and a dumpster location. Wetlands exist on the site, and the applicant is coordinating with the U.S. Army Corps of Engineers to address expected impacts. According to the Wilmington Metropolitan Planning Organization (WMPO), the proposed use is projected to generate approximately 18 AM and 23 PM peak-hour trips. The Comprehensive Plan designates the property as Community Mixed Use. When evaluating the request during a quasi-judicial hearing, the Board of Commissioners must determine whether the following four conditions are met: the proposed use will not materially endanger public health or safety; it complies with all applicable conditions and specifications of the UDO; it will not substantially injure the value of adjoining or abutting properties, or it qualifies as a public necessity; and its location and character, if developed as proposed, will be in harmony with the surrounding area and generally consistent with the Comprehensive Plan. Staff have compiled the facts provided in the application and identified them through staff technical review and analysis. They are organized by the applicable conclusion. These findings are preliminary and additional relevant facts may be presented during the hearing. Compiled facts may or may not support the Board’s conclusion. For Conclusion 1, the preliminary findings generally address utilities, fire protection access, environmental features, and traffic. For Conclusion 2, the findings address compliance with the various ordinance requirements for Assisted Living Facilities as outlined in the Unified Development Ordinance. This includes lot acreage, building height, utilities, impervious surface, and landscaping. For conclusion 3, the findings generally address existing site conditions and land uses. Conclusion 4 addresses the Comprehensive Plan. In response to questions, Mr. Dickerson reported that there is a house further down Plantation Road that is not shown on the screen, but there are no houses in the subject area. Chair Rivenbark thanked Mr. Dickerson for the presentation and invited the applicant to make remarks. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 MAY 5, 2025 REGULAR MEETING PAGE 512 Matthew A. Nichols of the Law Office of Matthew A. Nichols, representing Carillon Assisted Living, LLC on behalf of property owners Sylvia and Michael Lewis and Karen and Charles Cobb, presented the proposal for a new assisted living facility and thanked the Board for the opportunity. He stated that his client, Marcos Vidal of Carillon Assisted Living, and members of the development team were present to provide additional details, explain how the project meets the Special Use Permit (SUP) criteria, and respond to questions. Mr. Nichols noted that the site is located near the I-140 interchange and the Military Cutoff Extension and pointed to recent public infrastructure investments in the area, including water and sewer improvements by the County and CFPUA. He presented an overview of the site, explaining its relationship to Military Cutoff Extension via the adjacent service road and confirming that the project does not propose access to or from Plantation Road. Before reviewing the site plan, Mr. Nichols highlighted regional demographic trends, noting that both the overall and senior populations are growing. He referenced data compiled by the applicant showing that the population aged 75 and older within five miles of the site is projected to increase by approximately 30% over the next five years, reinforcing the need for additional senior housing options. Mr. Nichols, citing March 2025 data from the North Carolina Department of Health and Human Services, stated that the County currently has nine licensed adult care homes, most located in the central part of the County. Only two are in the northern section, and none fall within a two-mile radius of the proposed site. He reported that the County has approximately 847 licensed beds and that the proposed facility would add 89 beds. He noted that the facility is modeled after Calyx Living of Wakefield, a successful development by the applicant in Raleigh. He then introduced Marcos Vidal of Carillon Assisted Living, LLC to provide additional information about the project. Mr. Vidal stated that Carillon Assisted Living has operated licensed assisted living facilities since 1996 and is headquartered in Raleigh. The company has developed communities across multiple counties in North Carolina and recently opened its newest facility in northern Raleigh. He provided photos of that facility to illustrate the residential character the company intends to replicate at the proposed Wilmington site. He also explained that the proposed facility is residential in nature, even though assisted living is sometimes permitted in office or industrial zoning districts. The facility is designed to provide care and support for seniors who need assistance with daily activities such as mobility, eating, and medication management. Mr. Vidal clarified that the facility is not a hospital, nursing home, or independent living community. Unlike assisted living, he noted, independent living is typically unregulated and operates more like senior apartments with optional services. Mr. Nichols then invited Brad Schuler with Paramounte Engineering to review the site plan. Mr. Schuler stated that the project meets all applicable zoning standards, including minimum lot size, building height, setbacks, and parking requirements. He noted that the design covers only 26% of the site with impervious surface, well below the 50% maximum, and includes at least 20% open space, as required. The site also fronts an arterial street in accordance with the UDO. He credited staff for clearly outlining the standards in the staff report and concluded by affirming that the layout complies with current zoning regulations. If the project receives approval, it will proceed to the TRC for detailed plan review. Mr. Nichols acknowledged the Board’s familiarity with the four required SUP criteria and provided a brief overview. Addressing public health and safety, he noted that the facility must be licensed by the State of North Carolina and is intended to support senior and public well-being. He emphasized the low traffic impact, citing 18 AM and 20 PM peak-hour trips as outlined in the staff report. He stated the proposed use complies with all applicable UDO requirements, referencing Section 4.3.2.B(4) and its eight evaluation standards, and offered to answer any questions. He highlighted key site features, including 26% impervious coverage (well below the 50% limit), a building height under the 35-foot maximum, and compliance with open space and parking standards. The site does not fall within a special flood hazard or natural heritage area. Regarding utilities, Mr. Nichols referenced a letter from CFPUA Chief Engineer Gary McSmith, submitted after the Planning Board meeting, which confirms adequate sewer capacity and outlines water and sewer infrastructure projects currently underway. He summarized the letter’s findings and offered copies to the Board. He also noted that the site fronts a designated principal arterial roadway. Concerning the third SUP criterion, he suggested the project could be considered a public necessity. He concluded by introducing Cal Morgan, a licensed appraiser, to address potential impacts on property values. Cal Morgan, a North Carolina Certified General Real Estate Appraiser and owner of JC Morgan Company, stated that he has worked in the local market since 2007 and established his firm in 2010. The applicant engaged him to evaluate the proposed use under Criterion #3 of the SUP requirements, which considers whether the use would substantially injure the value of adjoining or abutting properties or qualifies as a public necessity. To form his opinion, Mr. Morgan analyzed comparable assisted living facilities both locally and statewide, reviewing sales histories and prices of residential properties adjacent to such facilities and comparing them to nearby properties not directly adjacent. His analysis included The Davis Community, Plantation Village, Bryce Creek Thrive More in New Bern, Cypress Glen in Greenville, Woodland Terrace in Cary, and Carolina Bay at Autumn Hall, among others. He also evaluated local properties near uses considered similar or more intense than assisted living. Based on this research, Mr. Morgan concluded that the proposed facility would not negatively impact surrounding property values. He noted that a summary of his findings had been distributed to the Board and that full documentation is available upon request. Mr. Nichols concluded the applicant’s presentation by addressing the fourth criterion, which considers whether the proposed use aligns with the County’s adopted plans. He stated that the site falls within a Community Mixed-Use Place Type, as defined in the Comprehensive Plan. He referenced the staff report, which identifies this NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 MAY 5, 2025 REGULAR MEETING PAGE 513 designation as supporting community-level services and providing a transition between lower-density residential areas and higher-density development along major roadway corridors. He pointed to specific portions of the staff report indicating that the proposed use would serve nearby neighborhoods and could function as a transitional buffer between the highway corridor and residential parcels to the east. While not required under the four SUP criteria, Mr. Nichols also noted that the project would create jobs and shared examples of potential job roles at the facility. In closing, he described the project as a low-impact, low-traffic use that responds to a demonstrated community need and stated the applicant’s commitment to delivering a high-quality development. He respectfully requested that the full application materials, including the staff report and presentation, the applicant’s presentation, Mr. Morgan’s appraisal report, and Mr. McSmith’s letter, be entered into the official record. In response to questions, Mr. Nichols stated that the applicant has no plans to develop the wetlands located at the rear of the site. He explained that any activity in that area would require a permit from the U.S. Army Corps of Engineers, a process expected to take approximately 12 months. He noted that the area is likely undevelopable and emphasized there is no intent to build there. If conditions change and development becomes feasible, the applicant will need to return to the Board for approval. He clarified that the SUP applies to the entire 10+ acre site, and any future changes to the rear portion, where no development is currently proposed, would likely require major modification and additional Board approval. He reiterated that the applicant does not intend to develop that portion of the property. In response to questions about the adjacent antenna tower, Mr. Dickerson stated that the exact distance between the structure and the proposed building is unknown. He noted that each parcel is approximately five acres, and based on his understanding, the antenna is located near the center of the property to the north. He also confirmed that the County has not received a Special Use Permit application for development of that site. In response to a question about unit types, Mr. Vidal stated that the facility will include 40 assisted living units and 21 memory care units. Regarding security, he noted that while his operations team could provide more detailed information, all 24 communities across the state are owned and operated by his company. He confirmed that the facility will always operate 24/7 with staff onsite, and the memory care unit will be a secure section of the building. He emphasized that the company takes security and access control seriously. Regarding the site entrance, Mr. Schuler explained that the project will require a driveway permit from the NCDOT, as the service road fronting the site is a state-maintained paved road. He stated that the driveway has been positioned to maximize sight distance for vehicles exiting the site, especially for those turning left toward oncoming traffic. He noted that most site traffic is expected to enter and exit from Military Cutoff Road and that the service road has a posted speed limit of approximately 25 miles per hour. While unsure of the technical difference between a service road and an exit ramp, he shared that early in the project, Ben Hughes with NCDOT advised referring to it as a service road. In response to additional questions, Mr. Schuler confirmed that, based on the preliminary jurisdictional determination, the site contains approximately 8.59 acres of wetlands. Chair Rivenbark stated that the applicant’s presentation time had ended, that no one signed up to speak in favor or in opposition to the request and opened the floor to additional Board discussion. During a brief discussion about water line infrastructure, Mr. Nichols explained that the Crooked Pine water main is a cost recovery project, meaning approved developers, including his client, would share the cost. If the project is approved, he estimated that permitting and design would take about 12 months, with construction likely beginning in late summer 2026. He confirmed that the CFPUA letter reflects this anticipated timeline. Mr. Vidal added that the project is not expected to break ground until 2026, given the remaining state and county permitting requirements. He stated that the CFPUA "will-serve" letter provides the necessary assurance that water service will be available by December 2026, aligning with the projected construction schedule, and expressed confidence in water access being available when needed. Mr. Nichols also noted that Michelle Measday, a wetlands scientist with ECS, was available to address any questions related to wetlands or permitting. Ms. Measday, Environmental Manager of Natural Resources with ECS Southeast, responded to questions about the wetlands on site, stating that a recent delineation was completed and approved by the U.S. Army Corps of Engineers. The delineated boundary has been surveyed. She acknowledged the presence of a significant amount of wetlands and confirmed that any impact must go through the standard federal permitting process. Because the project proposes impacts to approximately 4.5 acres, exceeding the half-acre threshold allowed under a nationwide permit, it will require an individual permit, which involves a more rigorous review. She explained that the permitting process includes a Purpose and Need statement, a project justification, and an alternative analysis, all of which must meet both federal and state requirements. The application will also undergo a 30-day public notice period, during which the project team must respond to comments from agencies such as the U.S. Fish and Wildlife Service and the State Historic Preservation Office. Ms. Measday added that the applicant is working to coordinate a scoping meeting with regulatory agencies and that the agencies prefer the zoning to be finalized before proceeding with that step. Hearing no further discussion, Chair Rivenbark closed the public hearing and asked Mr. Nichols if he agrees with staff findings. Mr. Nichols stated he agreed with the staff findings. In response to additional questions, Mr. Vidal stated the units will be set at the market rate. As it could be three years from now on the timeline to open to the public, the rates will be comparable to other assisted living NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 MAY 5, 2025 REGULAR MEETING PAGE 514 facilities in the market. All units are private pay, and unlike multi-family housing, affordability based on area median income does not translate to the assisted living industry due to the level of services provided. With no further discussion, Chair Rivenbark asked for Board direction. Motion: Commissioner Scalise MOVED, SECONDED by Chair Rivenbark to approve as the Board finds that this application for a Special Use Permit meets the four required conclusions based on the findings of fact included in the Staff Report and additional evidence presented at the public hearing. Upon vote, the MOTION PASSED 3 TO 1; Commissioner Walker dissenting. A copy of an order granting a Special Use Permit and listing the findings of fact is contained in SUP Book IV, Page 100. Also, a copy of the evidence submitted by the petitioner’s attorney is hereby incorporated as part of the minutes and is contained in Exhibit Book XLV, Page 9.10. PUBLIC COMMENTS Chair Rivenbark stated that two (2) people signed up to speak under public comment and asked that the speakers provide comments. Dave Borkowski, Executive Director of the Wilmington Farmers Market at Tidal Creek on Oleander Drive, stated that the nonprofit operates year-round and serves the broader community, including underprivileged residents, through programs such as Double Bucks and EBT acceptance. He noted that the market has outgrown its current location and is seeking a larger, long-term site. The organization has applied for a grant to fund a feasibility study and plans to pursue additional funding for relocation. Mr. Borkowski expressed interest in exploring potential collaboration with the County and indicated he may return with future updates. Matt Collogan, representing the North Carolina Cooperative Extension in Wilmington, spoke in support of the Wilmington Farmers Market at Tidal Creek, emphasizing its distinction as the only year-round, producer-only market in the area. He noted that the market directly supports farmers from at least six counties and ensures that only owner-operators sell products they grow themselves. Mr. Collogan encouraged the County to consider including a permanent home for the market in its strategic or comprehensive planning efforts, citing its benefits to local agriculture and the environment. He also highlighted the Cooperative Extension’s continued involvement through education and outreach and stressed the importance of sustaining this valuable community resource. ADDITIONAL AGENDA ITEMS OF BUSINESS Commissioner Scalise congratulated City of Wilmington Councilmember Waddell on the recent birth of his second child. Chair Rivenbark recognized Eric Peterson to wish him a happy birthday. ADJOURNMENT There being no further business, Chair Rivenbark adjourned the meeting at 6:23 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.