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HomeMy WebLinkAbout2025-11-03 Regular MeetingNEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 NOVEMBER 3, 2025 REGULAR MEETING PAGE 701 ASSEMBLY The New Hanover County Board of Commissioners met on November 3, 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 of Faith Formation Rick Shafer, Port City Community Church, provided the invocation, and Chair Rivenbark 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 Vice Chair Pierce to approve the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes — Governing Body The Board approved the minutes of the October 16, 2025 Agenda Review and the October 20, 2025 Regular Meeting. Approval of New Hanover County Monthly Collection Report for September 2025—Tax The Board approved the September 2025 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 20.1. Approval of a Funding Partnership with the City of Wilmington for Potential Park Acquisition — County Manager The Board approved a partnership with the City of Wilmington (City) to support a potential green space acquisition, with County funding not to exceed $1 million, and directed County staff to work with the city, as needed, on the acquisition efforts. REGULAR AGENDA ITEMS OF BUSINESS CONSIDERATION AND ADOPTION OF RESOLUTION RECOGNIZING WILIAM R. TURNER, JR. FOR 75 CONSECUTIVE YEARS DEDICATED TO SCOUTING AMERICA Commissioner Scalise read the proclamation into the record recognizing William R. Turner, Jr. for 75 consecutive years of service to Scouting America. Town of Wrightsville Beach Mayor Pro Tem Hank Miller recognized Mr. Turner for his dedicated service to Scouting America and commended his lifelong commitment to leadership and community. He stated that Mr. Turner has led Troop 26 at Wesley Memorial United Methodist Church for six decades, guiding more than 260 Scouts to earn the rank of Eagle Scout. Mayor Pro Tem Miller congratulated Mr. Turner on behalf of the community, the County Commissioners, and all those he has inspired, expressing gratitude for his 75 years of Scouting and service. Mr. Turner stated that it is an honor to be able to be recognized by the Board. He remarked that adults also learn from Scouts, who represent the community's future leaders, and emphasized the importance of continuing to teach and guide young people. Hearing no further discussion, Chair Rivenbark asked for Board direction. MOTION: Commissioner Scalise MOVED, SECONDED by Commissioner Walker to adopt the proclamation recognizing William R. Turner, Jr. for 75 consecutive years dedicated to Scouting America. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as part of the minutes and contained in Exhibit Book XLVI, Page 20.2. CONSIDERATION AND ADOPTION OF A PROCLAMATION RECOGNIZING NOVEMBER 2025 AS PREMATURITY AWARENESS MONTH AND NOVEMBER 17, 2025 AS WORLD PREMATURITY DAY IN NEW HANOVER COUNTY Commissioner Walker read the resolution into the record recognizing November 2025 as Prematurity Awareness Month and November 17, 2025 as World Prematurity Day in New Hanover County. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 NOVEMBER 3, 2025 REGULAR MEETING PAGE 702 Brandy Garris, NICU Manager at Novant Health New Hanover Regional Medical Center, thanked the Board for recognizing Prematurity Awareness Day. She noted the NICU's 45 private rooms and 700 annual admissions and emphasized the importance of working together to support families and give every baby a healthy start. Hearing no further discussion, Chair Rivenbark asked for Board direction. MOTION: Commissioner Walker MOVED, SECONDED by Commissioner Zapple to adopt the resolution recognizing November 2025 as Prematurity Awareness Month and November 17, 2025 as World Prematurity Day in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as part of the minutes and contained in Exhibit Book XLVI, Page 20.3. APPEAL HEARING AND APPROVAL OF A REVOCATION OF THE SOLID WASTE COLLECTION FRANCHISE FOR SEAHAWK SANITATION, INC. Chair Rivenbark stated the hearing is to consider revocation of the franchise for Seahawk Sanitation, Inc. to haul solid waste in New Hanover County. The Board will hear a brief overview from Deputy County Attorney Kemp Burpeau, followed by statements from Recycling and Solid Waste Director Joe Suleyman and Deputy Sheriff Sergeant Shaun Moore. The owner of Seahawk Sanitation, Inc. and any other person they designate will have up to 15 minutes to present evidence to be considered by this Board. Deputy County Attorney Kemp Burpeau reported that the Seahawk Sanitation, Inc. franchise, executed on October 12, 2023, requires compliance with New Hanover County Code of Ordinances Chapter 44 and applicable laws, including the noise and nuisance ordinances. Between March and June 2025, the County received five complaints from residents in the Ogden, Middle Sound, Treasure Cove, and North Hills subdivisions regarding trash collection between 4:00 a.m. and 5:00 a.m. using large compactor trucks. Despite multiple notices from the recycling and solid waste director and the Sheriff's Office, the violations continued. Following the fifth complaint, the county manager revoked the franchise and directed the County Attorney's Office to notify owner Anthony Jordan Cordero, who appealed the decision to the Board of Commissioners. Staff introduced into the record the franchise agreement, relevant sections of County Code, and the revocation and hearing continuation letters. Mr. Burpeau concluded by stating he would be available for legal questions before turning the presentation over to Recycling and Solid Waste Director Joe Suleyman. Recycling and Solid Waste Director Joe Suleyman reported that the first complaint about Seahawk Sanitation was received on March 24, 2025, concerning early -morning trash collection. The company told the resident who filed the complaint that the hauler could not adjust pickup times because of traffic and employee safety. Mr. Suleyman emailed the owner, Mr. Cordero, citing the County's noise ordinance and warning him that continued violations could result in penalties or revocation of the franchise. A second complaint on May 14, 2025 prompted involvement from the Sheriff's Office, which enforces noise regulations. Mr. Cordero explained that early routes helped drivers avoid heavy traffic and extreme heat but said he would address concerns with his staff. Additional complaints followed on June 4, 18, and 25, 2025 about pickups between 4:40 a.m. and 5:30 a.m. Despite repeated discussions and warnings from County staff and law enforcement, the violations continued. After the fifth complaint, the county manager determined that Seahawk Sanitation, Inc. had failed to comply with franchise requirements and directed revocation of the franchise. The County Attorney's Office issued a letter of revocation and coordinated further communication with Mr. Cordero. Mr. Suleyman concluded by stating he was available for Board questions. In response to questions, Mr. Suleyman stated that residential collection is permitted after 7:00 a.m. He explained that Seahawk Sanitation, Inc. uses rear -loading trucks equipped with hydraulic cart tippers that lift containers and trigger a compaction cycle, which may run multiple times to clear the waste hopper. He also confirmed that the company acknowledged operating in the neighborhoods during the early morning hours in violation of the County's noise ordinance. Commissioner Scalise noted that the company had acknowledged the violations and stated it would correct them, yet additional complaints followed. He expressed concern that the company knowingly disregarded County ordinances, emphasizing that compliance with established rules is essential to maintaining order and public trust. He stated that, based on the evidence presented, the county manager's decision to revoke the franchise appeared appropriate, while acknowledging the company's right to appeal. In response to questions, Mr. Suleyman confirmed that Seahawk Sanitation, Inc. received its franchise in 2023 and is one of the County's smaller operators. He noted that service impacts from revocation would be minimal, as several other franchisees operate in the area and comply with County ordinances. The franchise agreement does not list specific hours but requires adherence to County codes, including the 7:00 a.m. start time for residential service. He also confirmed he spoke with the company after the first complaint, followed by further communication in May and June through the Sheriff's Office, and agreed the company had multiple opportunities to correct the issue before revocation. Deputy Sheriff Sergeant Shaun Moore stated he could confirm the information presented by Messrs. Burpeau and Suleyman as to his direct involvement, is accurate. He is present to answer any questions that the Board may have. In response to questions, Sergeant Moore confirmed he had multiple conversations with Seahawk NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 NOVEMBER 3, 2025 REGULAR MEETING PAGE 703 Sanitation, Inc. owner Anthony Jordan Cordero regarding early -morning collections. He recalled at least two direct discussions, an initial conversation following the first complaint and a follow-up after another report of early activity, during which Mr. Cordero agreed to address the issue with his driver. Sergeant Moore noted that all interactions were civil and cooperative, but despite assurances, the early pickups continued. There being no further questions, Chair Rivenbark invited the owner of Seahawk Sanitation, Inc. to speak. Anthony Jordan Cordero, owner of Seahawk Sanitation, Inc., stated that his company took the noise complaints seriously and did not dismiss them. After receiving the first complaint in March 2025, he contacted County staff to identify the source but was unable to obtain specific details due to confidentiality. The company later traced the complaint to a one-off stop in North Ogden, spoke with the customer, and chose to discontinue service there to avoid further disruption. Mr. Cordero said that subsequent complaints in May and June came from one other customer in the North Hills subdivision. He spoke directly with the Sheriff's Office, adjusted the pickup time from before 6:00 a.m. to after 7:00 a.m. per the resident's request, and ultimately discontinued that account as well. He emphasized that these complaints involved only two customers out of approximately 300 served in the County. Mr. Cordero explained that his company has modified its routes, expanded service days from two to four per week, and now begins collection later to prevent early -morning disturbances. He acknowledged that operations should not have occurred before 7:00 a.m. and stated the company has taken corrective action to prevent recurrence. In response to questions, Mr. Cordero stated that Seahawk Sanitation, Inc. operates a single Isuzu 10-yard rear -loading truck with hydraulic tippers, like those used in downtown Wilmington. The truck is kept at a small central storage site where employees report each morning to begin their routes. He explained that collections on major roads such as Middle Sound, Murrayville, and Porters Neck typically begin around 6:00 a.m., with residential neighborhood pickups starting after 7:00 a.m. He acknowledged that employees could be required to hold the truck keys until 7:00 a.m. to ensure compliance. He added that the two employees involved were reliable and that the early pickups stemmed from isolated one-off stops outside their main routes, which the company has since discontinued. Commissioner Scalise stated that responsibility rests with the franchise owner and noted that route changes and later start times could have been implemented earlier. He emphasized that County rules must be followed and that repeated violations place unnecessary burdens on staff, law enforcement, and taxpayers. While expressing support for small businesses, he said accountability is essential and that the company should apologize to affected residents. Mr. Cordero acknowledged the concern and stated that he understood the Commissioner's position. In response to questions, Mr. Cordero stated that his prior continuance requests were due to his full-time banking job and related travel. He explained that he started Seahawk Sanitation, Inc. after poor service from a corporate hauler and aimed to provide consistent, community -based service at a fair price. Mr. Cordero said he took the noise complaints seriously, immediately spoke with his two employees, and maintained regular communication with Sergeant Moore for several weeks to resolve the issue. He noted early pickups likely occurred because drivers thought they could work quietly without disturbing residents. Commissioner Zapple acknowledged his efforts but emphasized that, while the Board supports small businesses, all franchisees must follow County rules to maintain public trust. In further discussion, Mr. Cordero confirmed he makes employees aware of the rules upon hiring and before they go into the field, and he agreed that 4:30 a.m. is too early for residential pickup. Commissioner Scalise asked if Mr. Cordero had anything further to add before Chair Rivenbark requested Board direction. Mr. Cordero replied that, in hindsight, he would have structured operations differently by running a four -day schedule instead of two, with specific start times and stronger safeguards to prevent early pickups. He acknowledged the impact of the company's actions on affected residents and expressed regret for the disruption caused. Hearing no further discussion, Chair Rivenbark asked for Board direction. During discussion of the options available to the Board in rendering its decision, Commissioner Scalise stated he was conflicted, noting the need to uphold standards and set an example while also recognizing the value of giving businesses a second chance to correct mistakes. Commissioner Zapple agreed and emphasized the importance of supporting County staff, noting that County Manager Coudriet and Mr. Suleyman had acted responsibly and with diligence in making their recommendations. Commissioner Scalise concurred, adding that the Board should also support the Sheriff's Office and landfill staff for their work in response to the community's concerns. He then moved to revoke the franchise. MOTION: Commissioner Scalise MOVED, SECONDED by Vice Chair Pierce for franchise revocation for Seahawk Sanitation, because despite notifications by the Recycling and Solid Waste Director and Deputy Sheriff, nuisance practices and noise continued over several months disturbing the peace, comfort and repose of residences in the early morning hours in violation of county ordinance. Upon vote, the MOTION CARRIED UNANIMOUSLY. PRESENTATION OF NEW HANOVER COUNTY WATER QUALITY MONITORING PROGRAM 2024-2025 FINAL REPORT Brad Rosov, M.Sc. Senior Marine Biologist/Project Manager with Coastal Protection Engineering of North Carolina, presented the 2024-2025 Water Quality Monitoring Program Final Report as follows: • New Hanover County Water Quality Monitoring Program: NEW HANOVER COUNTY BOARD OF COMMISSIONERS NOVEMBER 3, 2025 REGULAR MEETING BOOK 36 PAGE 704 • Eight tidal creeks (20 Sampling Sites) • Airlie Gardens Lake (3 Sampling Sites) • Methods: monthly sampling from July 2024 — June 2025 • Physical, biological, and chemical (Airlie Gardens only) parameters are utilized • Results: • 2024-2025 summary results: GOOD GOOD GOOD GOOD GOOD GOOD GOOD GOOD GOOD GOOD POOR GOOD GOOD GOOD POOR GOOD GOOD GOOD GOOD GOOD GOOD GOOD GOOD GOOD Enterococci GOOD GOOD GOOD GOOD GOOD • Lona-Term Enterococci 2008-2025 results: Stud• Period Barnards Creek Futch Creek Lords ]Iotts Creek Creek Pages Prince Smith Creek George Creek Creek Island Creek* 2008-2009 O GOOD FAIR FAIR O 2009-2010 POO GOOD POOR POO Poo 2010-2011 POO GOOD GOOD POOR I=:' M POOR POO 2011-2012 POO GOOD GOOD POOR POOR POOR POO 2012-2013 GOOD FAIR POOR GOOD POOR POOR POOR 2013-2014 GOOD GOOD OR POOR FAIR 2014-2015 GOOD GOOD GOOD POOR POOR POOR FAIR 2015-2016 FAIR FAIR R POOR POOR FAIR 2016-2017 GOOD GOOD GOOD FAIR O GOOD FAIR 2017-2018 FAIR FAIR FAIR 2018-2019 FAIR GOOD FAIR FAIR FAIR GOOD GOOD 2019-2020 GOOD GOOD GOOD FAIR FAIR GOOD GOOD 2020-2021 GOOD GOOD GOOD FAIR FAIR GOOD 2021-2022 GOOD GOOD GOOD GOOD FAIR GOOD GOOD 2022-2023 GOOD GOOD GOOD FAIR FAIR GOOD GOOD GOOD 2023-2024 GOOD GOOD GOOD FAIR FAIR FAIR GOOD 2024-202 ; GOOD GOOD GfH7D FAIR FAIR GOOD FAIR GOOD • Airlie Gardens Lake monthly monitoring: • AG -IN (northern part of the lake), AG -Floating Dock (FD), AG-Outfall (OUT) • Physical parameters, Chlorophyll -a, Orthophosphate, Nitrate/Nitrite • Airlie Gardens Lake water quality results: Parameter AG-FD AG -OUT Turbidityy OD Dissolved - qoffio "W��&WJOT) In Chlorophyll -a Average Nitrite/Nitrate and Orthophosphate Levels in Airlie Gardens 0.18 OA6 0.14 0.12 - c 0.10 0.0'8 0.06 0.04 ", d 0.00 161b °�� 160 v6v� tip tils'l �01' 1°1'11 13 Nitrite/Nitrate ■Orthophosphate • There has been a long-term trend of increasing levels of both nutrients within the lake over time. • Chlorophyll -a levels at AG-FD and AG -OUT have been considerably higher than the levels observed at AG -IN • Constructed wetlands and dredging events designed to improve water quality have yet to demonstrate success • Overall conclusions: • Turbidity and Chlorophyll -a levels continue to be deemed to be "good" in all creeks • Dissolved Oxygen levels fluctuate with water temperature • Overall, Enterococci bacteria within a number of tidal creeks have improved over the long- term study period • Enterococci bacteria remain elevated at Pages Creek, particularly within the Bayshore community • Water quality within Airlie Gardens appears to be driven in part by nutrient -laden stormwater runoff which may spur algal blooms and reduced dissolved oxygen. The Board discussed ongoing countywide water quality efforts, noting overall improvement since 2008 and the importance of continued collaboration among County departments, Cape Fear Public Utility Authority (CFPUA), and the community. Commissioners highlighted local outreach, such as the Pages Creek meeting, and emphasized the need for both education and enforcement to sustain progress. In response to questions, Mr. Rosov explained that the County's watershed management plans, stormwater programs, and initiatives like rain gardens and "Scoop the Poop" campaigns help reduce runoff and improve tidal creek conditions. He explained that while monthly sampling provides general trends rather than detailed data, results show gradual improvement in several areas. Further discussion focused on nutrient runoff near Airlie Gardens and persistent bacteria levels in creeks such as Pages and Motts. Mr. Rosov explained that development -related runoff likely contributes to higher nutrient levels and recommended increased monitoring and public awareness about fertilizer use. He noted that human bacteria sources have been found repeatedly in Pages Creek and that the County and CFPUA are working with a UNC researcher to use new genetic testing technology to trace contamination more precisely. The Board agreed that identifying and eliminating these sources should remain a top environmental priority. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 NOVEMBER 3, 2025 REGULAR MEETING PAGE 705 Hearing no further discussion, Chair Rivenbark thanked Mr. Rosov for the presentation. COMMENTS ON SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) Chair Rivenbark noted that the loss of SNAP benefits during the federal government shutdown, while a national issue, will significantly impact local residents. He stated that approximately 12,300 households, about nine percent of New Hanover County's population, receive monthly SNAP assistance, which many rely on to afford food while covering other essential expenses such as housing and utilities. He said the County is working with nonprofits, churches, and local food banks to coordinate information and resources, and encouraged residents to visit https://nhcgov.com/FoodHelp to find assistance or learn how to help others. Chair Rivenbark urged the community to check on neighbors, volunteer, and support local food programs, emphasizing that New Hanover County has always come together in difficult times and will do so again to ensure everyone receives the support they need. PUBLIC HEARING AND APPROVAL OF A REZONING REQUEST BY ATILANO CARDENAS AND SEBASTIAN CARDENAS.. APPLICANTS, ON BEHALF OF PHILLIP AND PRINCETTA PIERCE, PROPERTY OWNERS, TO REZONE APPROXIMATELY 0.39 ACRES LOCATED AT 2624 CASTLE HAYNE ROAD FROM AN EXISTING (CZD) B-1, NEIGHBORHOOD BUSINESS DISTRICT TO A NEW (CZD) B-1 DISTRICT FOR THE USES OF GROCERY STORE AND RESTAURANT (Z25-16) Development Review Supervisor Robert Farrell presented the request to rezone approximately 0.39 acres at 2624 Castle Hayne Road from Conditional B-1, Neighborhood Business District, to a new Conditional B-1 District to allow a grocery store and restaurant. The property is located north of Kerr Avenue and is bordered by commercial zoning on three sides, transitioning to residential to the east. Mr. Farrell noted that the parcel was included in a 2012 rezoning but was never developed because no concept plan was submitted. The site remains vacant with several mature trees near the property boundaries. The applicant proposes one building containing both a grocery store and restaurant, with parking on the front and side, a loading area and dumpster to the rear, and preservation of a specimen live oak. The site plan includes a transitional buffer along the rear property line and a pedestrian easement along Castle Hayne Road. Staff advised that the Parks and Gardens Department confirmed a 10-foot-wide easement would be acceptable, and the applicant is amenable to the condition. The site will have full access to Castle Hayne Road, and North Carolina Department of Transportation (NCDOT) preliminary review found the proposed driveway location generally meets its requirements. Trip generation is below the threshold requiring a Traffic Impact Analysis (TIA). The project would allow a small nearby grocery to relocate and expand, aligning with the County's strategic goals for workforce and economic development and community well-being. The property is designated Community Mixed Use in the 2016 Comprehensive Land Use Plan (Comprehensive Plan), which supports small-scale mixed -use development serving multiple modes of travel. The Planning Board voted to recommend approval (5-0) at its October 2, 2025 meeting, finding the request consistent with the Comprehensive Plan and in the public interest by supporting a local business and providing an additional grocery option. Staff recommends approval with conditions limiting the uses to grocery store, restaurant, and general retail; preserving the live oak tree; screening the dumpster; maintaining NCDOT-consistent driveway placement; prohibiting a drive -through; ensuring standard parking dimensions; and carrying forward the public access easement. If approved, the project will proceed through Technical Review Committee (TRC) review. In response to questions, Mr. Farrell reviewed the zoning map and clarified that the subject site is zoned Conditional B-1, with Conditional B-1 property to the north, a Family Dollar to the south that was part of the 2012 rezoning, B-2 zoning across Castle Hayne Road, and residential zoning to the east. He noted that the color labeling on the map may have caused confusion, as the B-2 district is shown in red, and the "SC" designation referenced is a legacy district within that area. No specific hours of operation were proposed as part of the request, and he deferred to the applicant to address whether alcohol sales would occur within the grocery or restaurant. In response to questions, Sebastian Cardenas, applicant, on behalf of Phillip and Princetta Pierce, property owners, stated that the business will operate daily from 9:00 a.m. to 9:00 p.m. He explained that the existing grocery store holds an ABC permit for alcohol sales for off -site consumption and that the proposed restaurant would also serve alcohol, including beer, wine, and spirits, for on -site consumption. The Board discussed the proposed rezoning and related operational details. The Board reviewed the applicant's stated hours of 9:00 a.m. to 9:00 p.m. and noted that nearby commercial businesses, including Food Lion and Family Dollar, operate with similar or later hours and sell alcohol. Commissioner Scalise expressed support for the request and moved to approve the rezoning, stating he was comfortable with the application. Vice Chair Pierce agreed, noting that alcohol sales are common for restaurants. Chair Rivenbark thanked Mr. Farrell for the presentation and invited the applicant to make their presentation. Mr. Cardenas stated he did not have a presentation but is available to answer any further questions. Chair Rivenbark announced that no one signed up to speak in favor or opposition to the request, closed the public hearing, and opened the floor to Board discussion. Hearing no further discussion, Chair Rivenbark asked Mr. Cardenas whether, based on the Board discussion and items presented during the public hearing, he would like to withdraw the petition or proceed with the vote. Mr. Cardenas responded that he wanted to proceed with the vote. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 NOVEMBER 3, 2025 REGULAR MEETING PAGE 706 Hearing no further discussion, Chair Rivenbark asked for Board direction. MOTION: Commissioner Scalise MOVED, SECONDED by Commissioner Walker to approve the proposed rezoning to a new CZD B-1 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 it allows for an additional grocery option for the community and will support a local business. The following conditions are included as part of this approval: 1. The list of approved uses shall be limited to Grocery, Restaurant, and General Retail. 2. A minimum 5-foot-wide public access easement shall be provided along the frontage parallel to Castle Hayne Road to accommodate future bicycle and pedestrian access. 3. The specimen live oak tree at the northeast corner of the property must be retained and protected during construction in accordance with the UDO standards. 4. The location of the dumpster will be located and screened in accordance with the standards of the U DO. 5. A drive-thru is not allowed. 6. The driveway location will be amended based on the feedback from NCDOT during the TRC review process. 7. Parking space sizes shall be amended to comply with parking requirements of the Unified Development Ordinance. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 10A OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED July 1, 1974 is hereby incorporated as part of the minutes and is contained in Zoning Book 11, Section 10A, Page 63. PUBLIC HEARING AND APPROVAL OF A REZONING REQUEST BY MIKE BROWN WITH CAPE FEAR DEVELOPMENT, APPLICANT, ON BEHALF OF OFSC PROPERTIES, LLC, AMMO DUMP / LAKE + 9, LLC, AND THE D. WEBSTER TRASK REVOCABLE TRUST, PROPERTY OWNERS, TO REZONE APPROXIMATELY 95 ACRES ZONED 1-2, HEAVY INDUSTRIAL AND APPROXIMATELY 13 ACRES ZONED I-1, LIGHT INDUSTRIAL FOR A TOTAL OF 108 ACRES LOCATED IN THE 3100 TO 4200 BLOCK OF BLUE CLAY ROAD TO A GENERAL USE RMF-L, RESIDENTIAL MULTI -FAMILY LOW DENSITY ZONING DISTRICT AND REMOVING THE SPECIAL HIGHWAY OVERLAY DISTRICT (SHOD) (Z25-17) Senior Planner Zach Dickerson presented a request to rezone approximately 108 acres located in the 3100- 4200 block of Blue Clay Road from 1-1, Light Industrial, and 1-2, Heavy Industrial districts to RMF-L, Residential Multi - Family Low Density. He noted this is a straight rezoning, meaning no concept plan was submitted and no conditions may be applied. The property was originally zoned 1-2 in 1972, with the eastern portion rezoned to 1-1 in 2005 to provide better compatibility with nearby residential areas. The site is largely wooded with some agricultural use. Mr. Dickerson provided an overview of the aerials and surrounding zoning, explaining that nearby properties include the County's Blue Clay Business Park to the north and the Proximity at Blue Clay residential development to the south across 1-140. The RMF-L district allows single-family, duplex, townhouse, and multi -family residential uses at a maximum density of 10 units per acre, along with limited civic and institutional uses. Access will be from Blue Clay Road, with future driveways reviewed by the County, Wilmington Metropolitan Planning Organization (WMPO), and NCDOT through the TRC process. A TIA will likely be required at the development stage. Mr. Dickerson highlighted that portions of the site include Pocosin and Swamp Forest conservation resources, which must be preserved as conservation space if developed. These areas overlap with portions of the Northeast Floodplain Study, indicating that the more flood -prone areas would likely remain undeveloped. The applicant has engaged an environmental consultant to delineate these resources during the TRC process. Mr. Dickerson stated that the request aligns with the County's Strategic Plan by supporting housing supply growth while preserving environmentally sensitive areas. The Comprehensive Plan designates this property as Community Mixed Use, which supports residential densities up to 15 units per acre. The Planning Board reviewed the item on October 2, 2025. Three members of the public spoke in opposition, citing environmental and density concerns, while one expressed conditional support, preferring a mixed -use project. The Planning Board voted (3-1) to recommend approval, finding the request consistent with the Comprehensive Plan because the RMF-L district supports the Community Mixed Use place type and provides additional housing opportunities to serve nearby businesses and residents. Mr. Dickerson reported that staff concur with the Planning Board's recommendation, stating that while a conditional rezoning would have provided more site detail, the request is compatible with surrounding uses and consistent with the Comprehensive Plan. If approved, all future development would be reviewed through the TRC and zoning compliance processes. Chair Rivenbark thanked Mr. Dickerson for the presentation and invited the applicant to make their presentation. Mike Brown with Cape Fear Development, applicant, on behalf of OFSC Properties, LLC, Ammo Dump / Lake + 91 LLC, and the D. Webster Trask Revocable Trust, property owners, stated the straight rezoning approach was NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 NOVEMBER 3, 2025 REGULAR MEETING PAGE 707 chosen for its practicality and flexibility, allowing the design to better respond to site conditions and natural features. Mr. Brown emphasized that the request is fully consistent with the Comprehensive Plan, which designates the area as Community Mixed Use supporting up to 15 units per acre; the proposed RMF-L density of 10 units per acre is below that threshold but appropriate for the site. He explained that residential zoning would yield smaller building footprints, preserve tree canopy and conservation areas, and create an environmentally sensitive neighborhood with a mix of housing types and significant open space. He added that the development would utilize existing County and CFPUA water and sewer infrastructure along Blue Clay Road, generating an estimated $1 million in system development charges and long-term rate income, providing a return on prior public investment. Mr. Brown noted the site's proximity to major employers such as GE, Cape Fear Community College's North Campus, and the Blue Clay Commerce Park, stating that the rezoning supports the Comprehensive Plan's goals for a resilient economy and healthy communities. The property's location near Ogden Park and Trask Family Farms would provide future residents with convenient access to recreation. He acknowledged the site's wetlands and floodplain areas, confirming that environmental consultants are evaluating those resources to ensure protection and integration into the design. He also stated that the proposed rezoning would allow more compatible and sustainable land use than the current industrial zoning, aligning with the County's long-term growth and community development objectives. Chair Rivenbark stated that no one signed up to speak in favor, and two people signed up to speak in opposition to the request. He asked the opposition speakers to provide their remarks. Andrianne Garber, resident of Wilmington, NC spoke in opposition citing the property's location within the SHOD, which is intended to preserve scenic woodlands and vistas along 1-140. She argued that high -density residential development would remove natural buffers, harm the area's character, and conflict with the district's purpose. Ms. Garber expressed concern that the rezoning could allow about 1,000 residential units plus commercial space, increasing traffic on Blue Clay Road, which lacks direct interstate access. She also noted the presence of a cemetery and said current industrial zoning provides greater setbacks and job potential. She urged the Board to deny the request, calling that action reasonable and in the public interest. Nadine Brimage, resident of Juvenile Center Road, Castle Hayne, NC spoke in opposition expressing concern for the Grady family cemetery on Blue Clay Road and the need to preserve its privacy and access. She questioned approving a rezoning without a specific site plan or conditions and said the proposed multifamily designation would create density inappropriate for the area. She also emphasized the site's environmental importance, noting that existing tree buffers protect nearby homes and wildlife, including turkeys, hawks, and native plants such as Venus flytraps and pitcher plants. She urged the Board to protect the area's historic and natural character. Chair Rivenbark stated that the applicant and opponents will each have up to five (5) minutes for rebuttal statements. In applicant rebuttal, Mr. Brown stated the request represents a downzoning from heavy industrial to residential and aligns with the Comprehensive Plan. He explained that a conditional rezoning for a 108-acre site would be cost -prohibitive and inflexible, requiring extensive studies and design work before approval, while a straight rezoning allows thoughtful, phased development consistent with County goals. Mr. Brown noted that industrial zoning allows intensive uses and large impervious surfaces that could disrupt streams and woodlands, while residential zoning would better protect natural features and allow integrated green space and trails. He added that tree buffers along 1-140 would be preserved and that low-lying areas could serve as open -space amenities. Addressing the Grady family cemetery, he confirmed it already has a dedicated access easement and said future development would maintain a respectful buffer, concluding that residential use is far more compatible with the surrounding area than heavy industry. In opposition rebuttal, Ms. Garber restated her position, arguing that the Comprehensive Plan is outdated and has led to overdevelopment and overcrowded schools. She stated that the existing industrial zoning could support job -creating uses without adding more housing. She also questioned the applicant's claim of preserving trees, noting that residential zoning reduces the SHOD setback from 100 feet to about 25 feet, allowing more clear - cutting. She urged the Board to deny the request, calling the rezoning unnecessary and inconsistent with community interests. During Board discussion, Mr. Dickerson responded to questions about the state laws protecting cemeteries and whether environmental protections apply to endangered species and native plants, such as the Venus flytrap noting that he was not an expert on cemetery law and deferred to Mr. Farrell for further explanation. Mr. Farrell clarified that the Grady family cemetery is not part of the rezoning tract but adjoins it. He displayed a map showing a dedicated access easement, recorded in 2017, providing permanent access from the cemetery to Blue Clay Road. He confirmed that any future development must maintain required setbacks and cannot encroach on the cemetery or its easement. Addressing environmental concerns, Mr. Farrell noted that the site contains wetlands and pocosin areas. As part of the TRC process, the U.S. Army Corps of Engineers will review potential impacts, ensuring that environmentally sensitive areas remain protected and undisturbed. In response to questions, Mr. Dickerson explained that the conservation requirements apply regardless of zoning. Any future development, whether residential or industrial, must include surveys of conservation resources and address wetlands and flood areas as part of the review process. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 NOVEMBER 3, 2025 REGULAR MEETING PAGE 708 In response to questions, Mr. Brown explained that site conditions, such as streams, wetlands, and topography, will naturally limit density, resulting in smaller development pods with a mix of single-family homes, townhomes, and duplexes rather than large apartment buildings. He confirmed that commercial uses are not permitted under the proposed RMF-L zoning and that each phase will undergo TRC review to ensure on -site stormwater management. Mr. Brown added that multiple smaller stormwater ponds are planned, which will enhance water quality and reduce nutrient runoff compared to the site's current agricultural use. Upon request, County Manager Coudriet provided an update on the Blue Clay Business Park. He explained that the park is designed to attract private -sector investment, with infrastructure in place and parcels sold to support business and industrial growth. He added that the project has also led to a second park in partnership with the Cameron family on Holly Shelter Road. Commissioner Scalise thanked him for the update and stressed the need for responsible development. He commended the applicant's local track record and urged preservation of trees, green space, and the Grady family cemetery, noting that thoughtful planning can balance new housing with nearby employment opportunities for community benefit. In response to questions, Planning Board Member Pete Avery stated that the Planning Board's discussion was largely in favor of the rezoning, with one member dissenting who preferred a conditional zoning process. He explained that the majority believed residential zoning would better manage the property than the existing industrial designation, which allows large buildings with extensive footprints and significant tree loss. The proposed zoning offers more design flexibility and environmental consideration while still requiring compliance with all County regulations and TRC review. As to the Planning Board members present for the meeting, he clarified that only four members voted due to two conflicts of interest and one absence, resulting in a 3-1 vote recommending approval. In further Board discussion, Commissioner Walker expressed appreciation for the Planning Board's work but expressed concerns about approving the request without a site plan or conditions. She noted the property includes 100- and 500-year floodplains and referenced flooding issues in the Ogden area caused by the loss of wetlands. While acknowledging the County's housing needs, she said she was uneasy about rezoning land that is "that wet" without knowing how flooding risks will be mitigated. Commissioner Zapple responded that floodplains and stormwater impacts will be thoroughly reviewed through the TRC process, which considers 100-year and 500- year flood areas as well as advisory AE floodways. He expressed confidence in County staff and the applicant to address those concerns responsibly. Commissioner Walker agreed but reiterated that staff also indicated a preference for having a site plan before considering the rezoning. Hearing no further discussion, Chair Rivenbark closed the public hearing and asked Mr. Brown whether, based on the Board discussion and items presented during the public hearing, he would like to withdraw the petition or proceed with the vote. Mr. Brown responded that he wanted to proceed with the vote. Hearing no further discussion, Chair Rivenbark asked for Board direction. MOTION: Commissioner Scalise MOVED, SECONDED by Chair Rivenbark to approve the proposed rezoning. The Board finds it to be consistent with the purposes and intent of the Comprehensive Plan because the RMF-L zoning district would provide uses that are in line with the Community Mixed Use place type that could serve existing and future businesses and residents. The Board also finds approval of the rezoning request is reasonable and in the public interest because the district would act as a new area for a mix of housing types in this area. Upon vote, the MOTION PASSED 4 TO 1; Commissioner Walker dissenting. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 8B OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED July 7, 1972 is hereby incorporated as part of the minutes and is contained in Zoning Book II, Section 813, Page 92. PUBLIC COMMENT Chair Rivenbark stated there were no public comment speakers. ADDITIONAL AGENDA ITEMS OF BUSINESS Commissioner Scalise announced that the fifth annual Veterans Week Fitness Expo will take place at UNC Wilmington on Friday morning. The event will feature the All Veteran Group's "Soaring with Honor" skydiving demonstration, with participants landing on campus. He invited the public to attend at 7:30 a.m. at 4848 Regal Road, Wilmington. ADJOURNMENT There being no further business, Chair Rivenbark adjourned the meeting at 6:20 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.