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HomeMy WebLinkAbout2025-03-10 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 MARCH 10, 2025 REGULAR MEETING PAGE 447 ASSEMBLY The New Hanover County Board of Commissioners met on March 10, 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; 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 Gayle Tabor, SALT Inclusive Methodist Community, provided the invocation, and Commissioner Scalise led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chair Rivenbark requested a motion to approve the Consent Agenda as presented. Motion: Commissioner Zapple MOVED, SECONDED by Commissioner Scalise 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 February 13, 2025 Agenda Review and the February 17, 2025 Regular Meeting. Approval of January 2025 Tax Collection Reports – Tax The Commissioners approved the tax collection reports of New Hanover County, New Hanover County Fire District, and New Hanover County Debt Service as of January 2025. Copies of the tax collection reports are hereby incorporated as part of the minutes and contained in Exhibit Book XLVI, Page 5.1. Adoption of a Resolution Appointing Map Review Officers – Planning and Land Use The Board adopted the resolution appointing Map Review Officers for the City of Wilmington, Town of Carolina Beach, Town of Kure Beach, Town of Wrightsville Beach, and New Hanover County. A copy of the resolution is hereby incorporated as part of the minutes and contained in Exhibit Book XLVI, Page 5.2. Adoption of Resolution to Approve the Donation of a Helicopter Dolly and Start Stick to Brunswick County Sheriff's Office – Sheriff The Board adopted a resolution approving the donation of a helicopter dolly and start stick to the Brunswick County Sheriff's Office. A copy of the resolution is hereby incorporated as part of the minutes and contained in Exhibit Book XLVI, Page 5.3. Adoption of a Resolution to Award Bid for the Purchase of Two (2) 2025 Chevrolet Silverado Trucks – Sheriff The Board adopted a resolution approving the award of the bid to Jeff Gordon Chevrolet for the purchase of two (2) 2025 Chevrolet Silverado 1500 vehicles in the amount of $102,755.32. A copy of the resolution is hereby incorporated as part of the minutes and contained in Exhibit Book XLVI, Page 5.3. Approval of ABC Board Audited Financial Statements for Fiscal Year 2024 and Capital Reserve Request – Finance The Board approved the New Hanover County ABC Board's audited financial statements for Fiscal Year 2024 and authorized the establishment of a $4 million capital reserve for a future retail store at a location yet to be determined. The ABC Board will build this reserve over several years using profits that exceed those earned in Fiscal Year 2024. As a result, future profit distributions to the County are expected to remain consistent with Fiscal Year 2024 levels. NC General Statute 18B-805 requires the Board to approve this reserve. REGULAR ITEMS OF BUSINESS CONSIDERATION OF APPROVAL FOR THE RECOMMENDED PUBLIC ART AT NORTHCHASE LIBRARY Chief Facilities Officer Sara Warmuth reported on the selected artwork for the Northchase Library, following the Public Art for Capital Projects policy. This policy allocates 1% of project construction costs for public art or placemaking elements. The Public Art Committee chose Wilmington-based artist Wynn Earl Buzzell, Jr. to create a public art piece for the new Northchase Library. If approved, Mr. Buzzell will proceed with the full design, fabrication, and installation of the artwork, synchronized with the library’s completion. The capital budget will fund the artwork, NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 MARCH 10, 2025 REGULAR MEETING PAGE 448 with a maximum allocation of $83,000. Mr. Buzzell presented an overview of the artwork, noting his 11 years of experience in creating public art. He introduced his concept for the public art piece at Northchase Library titled "The Sky is the Limit." He explained his inspiration, highlighting his childhood experiences at libraries, especially memories from a National Geographic Picture Atlas, which sparked his imagination. He shared two personal memories connected to Wilmington: deep-sea fishing trips observing flying fish and a middle-school field trip to Fort Fisher and the surrounding live oak forests. He then presented the story of the "Flying Fort Fisher Fish," a fictional creature symbolizing curiosity and change. The vision is to have the sculptures at the library's entrance, creating an immersive experience. The installation will feature four sculptures: two adults, an adolescent, and a baby, integrated with seating and landscaping. This setup aims to inspire imagination and creativity in visitors.  Site plan:  Sculpture elevation and site views: A brief discussion ensued about the proposed artwork. Mr. Buzzell responded to questions clarifying that the artwork would primarily consist of stainless steel with painted stainless steel elements and Alucobond, an aluminum composite known for its durability and iridescent finish. He explained the wing material will be created to intentionally avoid the reflective mirrors effect to prevent glare. The Board expressed support for the project. Hearing no further discussion, Chair Rivenbark asked for Board direction. Motion: Commissioner Scalise MOVED, SECONDED by Commissioner Walker to approve the selected artwork for the Northchase Library as presented by Wynn Earl Buzzell, Jr. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSIDERATION OF APPROVAL FOR BID AWARD AND ASSOCIATED BUDGET AMENDMENT FOR THE EXPANSION CONSTRUCTION AT NORTHERN REGIONAL PARK Assistant Director of Parks and Gardens Andy Johnson presented the following information about the request:  Phase 2 improvements for Northern Regional Park (NRP) located at 4700 Old Avenue, Castle Hayne:  Existing conditions – 105 acres: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 MARCH 10, 2025 REGULAR MEETING PAGE 449  Phase 2 expansion overview:  Project highlights:  Two full sized athletic fields: 330 feet x 225 feet (football, soccer, lacrosse, ultimate frisbee)  MUSCO lighting  Asphalt Pump Track  97 parking spaces  Staff’s request:  Adoption of budget amendment 25-041 to cover the full cost of the NRP expansion project  Award of the general construction contract to Paragon Building Corporation in the amount of $3,177,507.04  Approve the purchase of field lighting from MUSCO Sports Lighting via the Sourcewell Cooperative Purchasing Program in the amount of $574,846 A brief discussion ensued about the project. Mr. Johnson confirmed that the project has been anticipated and budgeted since 2022, progressing steadily through annual budgeting allocations. He further confirmed the park is already extremely popular and agreed that the enhancements will meet public demand. Hearing no further discussion, Chair Rivenbark asked for Board direction. Motion: Commissioner Zapple MOVED, SECONDED by Vice-Chair Pierce to adopt budget amendment 25-041 to cover the full cost of the Northern Regional Park expansion project and approve the award of the general construction contract to Paragon Building Corporation in the amount of $3,177,507.04, and authorize the purchase of field lighting from Musco Sports Lighting through the Sourcewell Cooperative Purchasing Program in the amount of $574,507.04. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of budget amendment 25-041 is hereby incorporated as part of the minutes and contained in Exhibit Book XLVI, Page 5.4. PUBLIC HEARING AND APPROVAL OF A REZONING REQUEST BY CINDEE WOLF WITH DESIGN SOLUTIONS, APPLICANT, ON BEHALF OF RICARDO SANTIAGO, PROPERTY OWNER, TO REZONE APPROXIMATELY 1.97 ACRES LOCATED AT 6312 CASTLE HAYNE ROAD FROM THE R-15, RESIDENTIAL DISTRICT TO (CZD) CS, COMMERCIAL SERVICES FOR THE USE OF CONTRACTOR OFFICE, RETAIL NURSERY, AND A LIVE / WORK CARETAKER UNIT AND OTHER LIMITED USES (Z25-01) Development Review Planner Amy Doss explained that the applicant seeks to rezone approximately 1.97 acres on Castle Hayne Road, just south of the Pender County line, from R-15 Residential to Conditional CS (Commercial Services). The rezoning will allow for a landscape contractor office, a wholesale and retail nursery, and a live/work caretaker unit. Originally zoned R-15 in the 1980s, the property sits adjacent to B-2 zoning on the north, south, and west sides, and R-15 zoning on the east. The site includes an existing single-family home and a detached accessory building, with surrounding development that combines commercial and residential uses. The proposed development reuses the existing home as both a contractor office and caretaker unit and repurposes the accessory building for storage and retail checkout. The plan calls for removing the circular driveway that currently provides full access to Castle Hayne Road and replacing it with two new one-way driveways. Additional improvements will introduce a stormwater pond, outdoor storage for mulch and gravel, and areas for wholesale and retail nursery operations. The applicant coordinated with the North Carolina Department of Transportation (NCDOT) to address access improvements. No Traffic Impact Analysis (TIA) is required because the proposal does not exceed the threshold for a TIA. Along Castle Hayne Road, adaptive reuse of residential structures for commercial purposes has become common as the corridor transitions from residential to commercial use near the I-40 interchange. The applicant proposes several conditions to address potential impacts on neighboring properties, including limits on permitted uses and operational restrictions. However, due to past complaints from nearby residents, the Board may want to consider additional measures to minimize potential impacts. The rezoning request supports two of the County’s strategic goals: promoting planned growth and access to basic needs and encouraging a business-friendly environment that fosters economic growth. The request also NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 MARCH 10, 2025 REGULAR MEETING PAGE 450 aligns with the 2016 Comprehensive Plan, which designates the property as part of the Community Mixed Use place type that encourages transitional areas with a mix of residential and commercial uses along major highways like Castle Hayne Road. At its February 6, 2025 meeting, the Planning Board voted unanimously (7-0) to recommend approval of the rezoning request. It was found that the request is consistent with the Comprehensive Plan and reasonable and in the public interest, given the site's location along a growing commercial corridor with similar existing uses. Staff also recommends approval, subject to six conditions that address key site and operational elements: limiting uses to wholesale and retail nursery, landscape contractor office, and live/work caretaker unit; specifying driveway access and layout; requiring appropriate buffers; limiting lighting; establishing hours of operation; and prohibiting heavy equipment storage or use on-site, except for small equipment such as a bobcat. If approved, the project will proceed through additional review by the County’s Technical Review Committee (TRC). Chair Rivenbark thanked Ms. Doss for the presentation and invited the applicant to make remarks. Cindee Wolf of Design Solutions, representing property owner Ricardo Santiago, presented the rezoning request and described the project. She explained that Castle Hayne Road is an ideal location for small contracting businesses that primarily operate off-site but need office and staging space. She emphasized the property's convenient access to Pender County, I-40, I-140, and surrounding areas. Ms. Wolf noted that existing structures, a home, garage, and workshop, will serve the nursery business. The home will function as a live/work caretaker unit for a business partner, while the accessory building will provide storage and serve as a retail checkout area. The applicant does not plan to construct any new buildings. Addressing a past zoning compliance complaint from 2024 regarding noise and business activity, Ms. Wolf explained that after coordinating with County staff, her client removed his heavier equipment for his contracting company, and no additional complaints have occurred. She described Good Hands Outdoor Living, the applicant's business, as a landscape contracting company focused on off- site work. The site will also host a small retail nursery for trees, shrubs, and materials such as mulch and stone. The applicant plans to relocate two existing containers on-site to store small equipment. Ms. Wolf outlined site improvements aimed at enhancing safety and access. The plan calls for removing the existing circular driveway and constructing two new one-way driveways in coordination with NCDOT. To reduce impacts on neighboring properties, the applicant has proposed several conditions, including limiting equipment to smaller machinery (excluding large trucks and heavy equipment), restricting business hours, and enhancing buffers along property lines. The applicant will maintain a 35-foot vegetative setback on the south side and preserve existing wooded areas, supplementing them as needed to meet visual screening standards. Ms. Wolf also pointed out that while current zoning allows wholesale nursery operations, the applicant chose conditional zoning to ensure additional oversight and protections for nearby residents. She concluded by describing the proposed use as a suitable transition for the corridor that supports local business development and effectively uses existing structures. She thanked staff and the Planning Board for their recommendations and urged the Board to support the request. Discussion ensued about the request. Regarding the setback along the southern property line, Ms. Wolf clarified that the house sits approximately 16 feet off that line but complies with setback requirements because the southern boundary adjoins a business-zoned property, which allows a zero setback. She also confirmed that the house meets the required 35-foot rear setback. Ms. Wolf explained that the property uses a private septic system and well, both approved by the Health Department. She added that any future commercial use would require re- certification through the TRC process before the owner could obtain a certificate of occupancy. Addressing the right- of-way and vegetation between Castle Hayne Road and the site, Ms. Wolf confirmed that NCDOT owns the large, vegetated area shown on the map and expects the vegetation to remain unless NCDOT undertakes a major road expansion. Regarding flooding, Ms. Wolf acknowledged the site’s proximity to the river and stated that the owner is aware of potential flooding risks. She noted that the site has withstood recent storms without issue and pointed to a substantial ditch and existing retaining wall that help manage water flow. If necessary, the owner may extend the retaining wall to provide additional protection. Ms. Wolf clarified in response to questions that only one person, the business partner, currently lives in the house as a caretaker and that the owner has no plans to house additional residents. Regarding equipment and noise concerns, Ms. Wolf confirmed that the owner will not store or operate large or heavy equipment (such as 18-wheelers, dozers, or backhoes) on-site. Only small equipment necessary for nursery operations, such as a bobcat or pickup truck, will be used, and staff will limit all equipment activity to regular business hours. She emphasized that the applicant has restricted those hours to prevent disturbances during evenings and weekends in response to prior neighborhood concerns. Chair Rivenbark announced that no one signed up to speak in favor or in opposition to the request. 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 Board direction. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 MARCH 10, 2025 REGULAR MEETING PAGE 451 MOTION: Commissioner Scalise 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 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 reasonable and in the public interest because the site is located along a transitioning commercial corridor near existing commercial uses and conditions will reduce impacts on adjacent residential areas. The following conditions will apply to this approval as follows: 1. Proposed Uses will be limited to Wholesale Nursery, Retail Nursery, Landscape Contractor Office, & Live Work Caretaker Unit. 2. The existing circular driveway will be removed and abandoned. Proposed driveways to be permitted by NCDOT. 3. The entire 35-foot setback behind the existing buildings will be considered bufferyard. No activities shall occur in that area. A 20-foot Type 'A' transitional buffer will be maintained along the remaining common property boundaries with residential use by preserving existing vegetation and supplementing with additional plantings where necessary to provide the opacity standard. 4. Exterior lighting, including luminaries and security lights, shall be arranged, or shielded so as not to cast illumination in an upward direction above an imaginary line extended from the light sources parallel to the ground. Fixtures shall be numbered such that adequate levels of lighting are maintained, but that light spillage and glare are not directed at adjacent properties, neighboring areas, or motorists. 5. Hours of operation shall be limited to Monday - Friday, 7 a.m. to 7 p.m. and Saturday 8 a.m. to 3 p.m. for all commercial uses. No commercial uses except the retail nursery are allowed on Sundays, and it shall be limited to 10 a.m. to 3 p.m. 6. No heavy equipment, including but not limited to, backhoes, excavators, and dump trucks, associated with the contractor office use shall be stored, staged, or used onsite. Any use associated with the nursery shall be limited to the hours of operation. 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 40. PUBLIC COMMENTS Chair Rivenbark stated that five people signed up to speak under public comment and asked that the speakers provide comments. Kimberley Rushton, a resident of Marathon Avenue in Castle Hayne, NC, spoke on behalf of Marathon Avenue corridor residents who signed a petition to oppose the proposed Hilton Bluffs development. She raised concerns about traffic congestion, inadequate road infrastructure, and disruption to the community’s rural character. She also highlighted potential negative impacts on property values, conflicts with RA zoning, and health and safety risks from increased traffic and flooding. Additionally, she cited threats to well water due to the site's proximity to a hazardous waste site and warned of environmental impacts, including harm to ecosystems and increased air and noise pollution. Tom Rushton, a resident of Marathon Avenue in Castle Hayne, NC, continued reading the petition opposing the Hilton Bluffs development. He outlined residents' demands, including comprehensive traffic studies on nearby roads, rejection of performance subdivision applications for a project of this scale, full public input and review, transparency with impacted residents, and answers on hazardous waste risks before proceeding. He stated that residents seek denial of the development, no use of Marathon Avenue as primary access, a revised plan that complies with existing zoning, and a clear plan to address environmental hazards. He reported that 94.6% of contacted residents signed the petition and he urged the Board to protect the community’s character, safety, and quality of life. David Pugh, a resident of Tall Oaks Drive in Castle Hayne, NC, spoke in opposition to the proposed Hilton Bluffs development. He argued that the project is incompatible with RA (Rural Agricultural) zoning, which is intended for low-density, rural use, and noted that the plan calls for over 4,000 homes. Citing the County’s Unified Development Ordinance and NC General Statutes, Mr. Pugh stated that the development would undermine rural character, increase population density, and require public infrastructure, all contrary to the purpose of RA zoning. He also questioned the use of Performance Residential Development standards, arguing that they conflict with rural zoning and do not align with state and county goals to prevent overcrowding and preserving rural areas. Adrianne Garber, a resident of Red Heart Drive in Wilmington, NC, spoke in support of preserving Sledge Forest, a 4,038-acre natural forest in northern New Hanover County. Using a file room analogy, she emphasized that piece-by-piece destruction would leave nothing. She urged the County to protect the entire forest, keep it untouched, and oppose development. Ms. Garber also asked the County to place a moratorium on permits, recognize the forest's ecological value, and consider purchasing the land through eminent domain to rezone it as a nature preserve. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 MARCH 10, 2025 REGULAR MEETING PAGE 452 Logan Secord, a resident of Newtown Drive in Wilmington, NC, commented on property tax revaluations, acknowledging residents' concerns about higher tax bills but urging the County to view taxes as investments in community value. He emphasized that the tax dollars fund essential services like police, fire, and public works and noted the need for ongoing school construction and renovations to keep up with growth. He also highlighted inadequate state support for teacher pay, stressing the need for local investment. While private investment has addressed housing needs, he argued that preserving green space requires public funding, referencing efforts like Sledge Forest and Airlie Gardens 2.0. He encouraged the Board to balance tax relief with meaningful community investment and to prioritize long-term benefits over short-term savings. ADDITIONAL AGENDA ITEMS OF BUSINESS Commissioner Zapple reported that the Discover NHC event will be held on Saturday, March 15, 2025 from 9 a.m. to 12 p.m. at the Northeast Library, 1240 Military Cutoff Road, Wilmington, NC. He encouraged citizens to participate and learn more about county government and their community. ADJOURNMENT There being no further business, Chair Rivenbark adjourned the meeting at 5:00 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.