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HomeMy WebLinkAbout2026-03-16 Regular MeetingNEW HANOVER COUNTY BOARD OF COMMISSIONERS MARCH 16, 2026 REGULAR MEETING BOOK 36 PAGE 797 ASSEMBLY The New Hanover County Board of Commissioners met on March 16, 2026, 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 LeAnn Pierce; Vice Chair Dane Scalise; Commissioner Bill Rivenbark; 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 of SALT Inclusive Methodist Community provided the invocation, and Chair Pierce led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chair Pierce requested a motion to approve the Consent Agenda as presented. MOTION: Vice Chair Scalise MOVED, SECONDED by Commissioner Zapple to approve the Consent Agenda items as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes — Governing Body The Board approved the minutes of the February 12, 2026 Agenda Review and Closed Session, and the February 16, 2026 Regular Meeting. Adoption of a Resolution Recognizing the Stamp Defiance Chapter of the National Society Daughters of the American Revolution for America 250 Activities in New Hanover County — Governing Body The Board adopted a resolution recognizing the American 250 activities of the Stamp Defiance Chapter of the National Society Daughters of the American Revolution, including the dedication of a historical marker honoring Revolutionary War patriots. Chair Pierce will read and present the resolution at the Stamp Defiance Chapter, NSDAR America 250 commemoration event on March 20, 2026, at Battleship Park on the grounds of the Battleship NORTH CAROLINA. The resolution is hereby incorporated as part of the minutes and contained in Exhibit Book XLVII, Page 3.1. First Reading: Approval of Solid Waste Franchise Agreement for 2940 Capital LLC DBA Vavia Dumpster Rental Wilmington — County Attorney The Board approved the first reading to authorize the issuance of a solid waste franchise agreement to 2940 Capital LLC DBA Vavia Dumpster Rental Wilmington. A second reading is required. First Reading: Approval of Solid Waste Franchise Agreement for Waste Industries LLC DBA GFL Environmental — County Attorney The Board approved the first reading to authorize the issuance of a solid waste franchise agreement to Waste Industries LLC DBA GFL Environmental. A second reading is required. Second Reading: Approval of Solid Waste Franchise Agreement for Carolina Carting LLC — County Attorney The Board approved the second reading to authorize the issuance of a solid waste franchise agreement to Carolina Carting LLC. A copy of the franchise agreement is on file in the legal department. Adoption of a Resolution Approving the Fiscal Year 2026-2027 Governor's Highway Safety Program Regional Forensic Laboratory Grant — Sheriff The Board ratified the Fiscal Year (FY) 2026-2027 NC Governor's Highway Safety Grant (GHSP) application and adopted the resolution. The GHSP provides funding to support law enforcement agencies across the state in an effort to reduce traffic crashes and enhance roadway safety. This grant will continue funding the salary and fringe benefits for the Forensic Chemist position, as well as associated supplies and training, from October 1, 2026 through September 30, 2027. The total funding request for the FY 2027 grant cycle is $127,800. No local match is required. The resolution is hereby incorporated as part of the minutes and contained in Exhibit Book XLVII, Page 3.2. Approval of the January 2026 Tax Collection Reports — Tax The Board approved the January 2026 tax collection reports for New Hanover County, New Hanover County Debt Service, and New Hanover County Fire District. The tax collection reports are hereby incorporated as part of the minutes and contained in Exhibit Book XLVII, Page 3.3. Adoption of Budget Amendments — Finance The Board adopted the following budget amendments, amending the annual budget ordinance for the fiscal year ending June 30, 2026: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 MARCH 16, 2026 REGULAR MEETING PAGE 798 Museum: 26-030 Senior Resource Center: 26-031 Sheriff's Office: 26-032, 26-033, 26-034, and 26-035 The budget amendments are hereby incorporated as part of the minutes and contained in Exhibit Book XLVII, Page 3.4. REGULAR AGENDA ITEMS OF BUSINESS CONSIDERATION AND APPROVAL OF NC COASTAL LAND TRUST BRYAN PROPERTY PROPOSAL Assistant County Manager Jessica Loeper and Coastal Land Trust Executive Director Harrison Marks provided the following overview of the proposal: • NC Coastal Land Trust — Bryan property proposal: • Bryan property: • 60 acres at 3990 Independence Boulevard • Originally owned by Flossie Bryan • County completed the purchase in 2025, at a cost of $3.86 million • Vision for public greenspace and conservation • NC Coastal Land Trust proposal: • Purchase the 60-acre Independence Boulevard tract for $3 million • Closing projected on or before December 2027 with date dependent on funding • Property to be permanently protected against development • Establish a nature park in keeping with Flossie Bryan's original intent and her memory will be honored • NC Coastal Land Trust objectives: • Intent for 60-acre Bryan tract purchase: • Create a nature park consistent with Flossie Bryan's intent • Provide permanently protected green space convenient to existing and ongoing development • Core commitment to providing public access • Protect water quality and avoid increased water run-off from property • Use property for public enjoyment and education • Preliminary plans: • Support both "passive" recreation and educational purposes • Maintain existing trails and expand primitive (unpaved) throughout property • Improve entrance and establish suitable parking area • Feature native plants in area adjacent to parking • Gradually convert most of existing loblolly pine forest to longleaf pine ecosystem • Consider other community input, consistent with objectives • Establish education facility and offices • Requested Board action: • Authorize staff to develop a purchase and sale agreement with the NC Coastal Land Trust • The agreement would then be considered at a meeting after a 10-day public notice, as outlined under NCGS 160A-279, which authorizes a private sale for a public purpose A brief discussion ensued about the matter. The Board expressed support for the proposal, noting how this action will continue to protect the property in perpetuity. In response to questions, Mr. Marks confirmed that transferring the property to his organization will protect it from future development in perpetuity, consistent with the organization's mission. He also explained that the road shown on the property map is an existing old road and there is no plan to improve it. The portion of the parcel across from the larger portion provides drainage and there are no plans to disturb it. Hearing no further discussion, Chair Pierce asked for Board direction. MOTION: Vice Chair Scalise MOVED, SECONDED by Commissioner Zapple to authorize staff to develop a purchase and sale agreement with the North Carolina Coastal Land and Trust for future Board consideration. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING AND DENIAL OF A REZONING REQUEST BY CINDEE WOLF WITH DESIGN SOLUTIONS, APPLICANT, ON BEHALF OF LEO NGUYEN, PROPERTY OWNER, TO REZONE APPROXIMATELY 1.16 ACRES LOCATED AT 7244 CAROLINA BEACH ROAD AND 825 RED LIGHTHOUSE LANE FROM R-15, RESIDENTIAL, TO A (CZD) R-5, RESIDENTIAL MODERATE -HIGH DENSITY DISTRICT FOR A MAXIMUM OF 8 ATTACHED SINGLE-FAMILY DWELLING UNITS (Z25-18) Development Review Planner Amy Doss presented the request to rezone approximately 1.16 acres along Carolina Beach Road from R-15, Residential, to (CZD) R-5, Residential Moderate -High Density to allow eight attached dwelling units. The property is vacant, surrounded on three sides by R-15 zoning, and has B-2 zoning across Carolina Beach Road. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 MARCH 16, 2026 REGULAR MEETING PAGE 799 Ms. Doss provided an overview of the concept plan, noting that access is proposed from Red Lighthouse Lane, a private road. She described the proposed layout, including two duplexes, one quadraplex, garage and driveway parking for each unit, guest parking, open space, sidewalks, a stormwater pond, a public access easement, a transitional buffer, and preservation of an identified tree. The site is expected to generate additional vehicle trips, but not enough to require a Traffic Impact Analysis, and is projected to generate approximately two additional students. Ms. Doss stated that the property is designated as Community Mixed Use in the 2016 Comprehensive Land Use Plan (Comprehensive Plan), which supports a mixture of commercial uses and residential densities of eight to 15 dwelling units per acre. She noted the proposal includes conditions intended to reduce impacts on adjacent properties. The request aligns with the County's strategic goal related to sustainable land use and environmental stewardship. The Planning Board voted 7-0 at its February 5, 2026 meeting to recommend approval with eight conditions and found the request consistent with the Comprehensive Plan and reasonable and in the public interest. Ms. Doss stated that should the rezoning be approved, the project will be subject to additional development review via the Technical Review Committee (TRC). Chair Pierce thanked Ms. Doss for the presentation and invited the applicant to present. Cindee Wolf with Design Solutions, applicant on behalf of Leo Nguyen, property owner, stated that the proposed development resulted from research and site design intended to address the tract's constraints along Carolina Beach Road, including its proximity to nearby intersections and limitations on safe access. She stated the property could otherwise develop under existing R-15 zoning with four to six homes, which could increase trips to Little Pony Trail and require additional driveway access onto Carolina Beach Road. She explained that, after determining the parcel had no legal access through 825 Red Lighthouse Lane, she contacted the Red Lighthouse Village Homeowners Association (HOA) to pursue an access agreement, discuss maintenance, and address entry improvements. Ms. Wolf stated that those discussions led to a memorandum of understanding, noted that HOA representatives were present in support, and reported that the plan had been reduced from nine units to eight. Ms. Wolf explained the townhome development would access Red Lighthouse Lane, which will provide better separation from nearby intersections and include a dedicated turn lane from Carolina Beach Road. The plan includes two duplexes and one quadraplex to preserve a large oak tree and stated that the units would be individually owned, two stories tall, and served by public water and sewer. She also described sandy soils favorable for stormwater management and outlined buffers, setbacks, and fencing intended to separate the development from adjacent properties and prevent access from Little Pony Trail. The proposal is consistent with the Comprehensive Plan, represents an appropriate transition along a busy corridor, mitigates impacts on surrounding properties, and is more appropriate for the site than either commercial development or by -right single-family development. Chair Pierce stated that two people signed up to speak in favor and three people signed up to speak in opposition to the request. She asked the speakers to provide their remarks. In favor: Paul Gagny, resident of Red Lighthouse Lane, Wilmington, NC, and a representative of Red Lighthouse Village, spoke in favor, stating that access through Red Lighthouse Lane would provide the safest access to the property because the neighborhood already has a turn lane on Carolina Beach Road. He stated that traffic and development have been long term concerns south of Monkey Junction and that access on and off Carolina Beach Road is already difficult, including near the storage facility across the street. He also stated that commercial development would be an inappropriate use of the property, and this proposal makes more sense for the site. Nicole Raynor, resident of Lea Landing Drive, Wilmington, NC, and a representative of Lea Landing Homeowners Association, spoke in favor, stating her neighborhood is adjacent to the proposed development. She reported on going door to door throughout her neighborhood to speak with residents after learning that opponents from a nearby neighborhood had contacted them about the proposal. Ms. Raynor stated she had remained in contact with the applicant to understand the proposal, zoning process, and what would be built, and believes the development would be beneficial to the area, given the surrounding growth and ongoing development nearby. In opposition: Laurie Brunner, resident of Little Pony Trail, Wilmington, NC, spoke in opposition, stating that the proposed eight -unit townhome development on a one -acre parcel would introduce higher -density development between established R-15 single-family neighborhoods. She stated the request is not in harmony with the surrounding area, described it as piecemeal rezoning, and said she would support single-family homes on the property instead. Ms. Bruner urged the Board to protect the integrity of existing neighborhoods and reserve higher density rezonings for larger parcels. Tim Brunner, resident of Little Pony Trail, Wilmington, NC, spoke in opposition, stating he originally sold the property at 7244 Carolina Beach Road to an individual who planned to build one house, but stated circumstances have since changed. He expressed concern with the current plan because he does not know the proposed sewer location, finished elevation, or the type of vegetation that would be installed within the buffer. He also stated that he is concerned the utility infrastructure may not be properly buried and said that, without more detail about what would be built next to his property, he could not support the proposal. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 MARCH 16, 2026 REGULAR MEETING PAGE 800 Adrianne Garber, resident of Red Heart Drive, Wilmington, NC, spoke in opposition, stating that the proposed higher density development is not compatible with the surrounding R-15 neighborhoods. She stated that keeping the property at its current R-15 density would better preserve space, privacy, trees, stormwater absorption, neighborhood character, and the interests of nearby families and multi -generational residents. She urged the Board not to set a precedent for similar rezonings in the area. Chair Pierce stated that the applicant and opponents will each have up to five (5) minutes for rebuttal statements. In applicant rebuttal, Ms. Wolf stated she does not understand the opposition from the neighboring property owners directly behind the site because the proposed project would reduce traffic on Little Pony Trail and provide physical and visual separation from their property. She stated that development under existing zoning, including single-family development with accessory dwellings, would not require the same buffers, fencing, or separation measures. She also stated that final project details, including landscaping and other site elements, would be reviewed by the TRC in accordance with the ordinance, and that the proposal before the Board represented the applicant's best solution for the site's development. In opposition rebuttal, Mr. Brunner stated that he does not support the project as presented and expressed concern that, once approved, it would be difficult and costly for neighboring property owners to address future issues. He reiterated concerns about the existing sewer infrastructure and stated he wants more information about the proposed elevation, stormwater drainage, and fire access before he could support the project. He also stated that his property already has an eight -foot fence that provides a visual buffer. In opposition rebuttal, Ms. Garber stated she does not oppose all the applicant's projects, but does oppose this rezoning request. She urged the Board to deny the request, stating the site design is not compatible with adjacent development or the vision for the southern part of the County. There being no further comments, Chair Pierce opened the floor to Board discussion. In response to questions, Ms. Wolf clarified that under the current by -right R-15 zoning, the property could yield five to six units, rather than five to six houses as stated earlier. She explained that one scenario would allow a duplex on the main tract with access from Little Pony Trail and that another could include a single-family dwelling with an accessory dwelling. She also stated the larger tract could potentially be divided into two lots, resulting in a total of six units, and confirmed that such development could occur by -right without Board approval. Regarding HOA's rights to grant access, she explained that the HOA could not grant access for the project if a majority of homeowners opposed it. She stated that 17 of the 23 unit owners had signed or otherwise indicated support, three had opposed the proposal, and three had not responded. Ms. Wolf stated that the applicant had prepared a memorandum of understanding for the access easement, but had not finalized or recorded the easement before rezoning approval because of the cost and coordination involved. She also noted that the easement must be recorded before the TRC could release the project. She further stated that Red Lighthouse Village would maintain Red Lighthouse Lane and that the proposed community, Beacon Townhomes, would have its own HOA responsible for its internal maintenance. She stated the memorandum of understanding provides that the new community would contribute toward lane maintenance by paying into reserves and paying the same dues per unit as Red Lighthouse Village residents. In response to questions, Ms. Wolf stated that the proposed internal roads did not go anywhere and functioned as driveways serving an eight -unit townhome community. She added that this type of arrangement was typical for a development of that size. She also stated that emergency access would be provided from the turn lane on Carolina Beach Road to Red Lighthouse Lane and that the internal layout, including the T-head turnaround, meets county and fire service standards. Regarding trash collection, she stated carts would be stored in garages and collected by a private contractor. When asked about potential conflicts with internal drives involving trash trucks or emergency vehicles, Ms. Wolf stated that the design complies with county standards and fire service criteria. In response to questions, Ms. Wolf stated she did not know the design capacity of the proposed stormwater pond but explained the final stormwater system would be designed to meet state and county requirements and could differ from the concept plan shown. She also stated the emergency overflow would be discharged to an existing stormwater system along Carolina Beach Road. Regarding the draft Destination 2050 plan, Ms. Wolf stated that it has not been adopted, serves only as guidance for future development, and that this proposal should be evaluated on its own merits. She stated the request is consistent with the current plan and represents an improvement over the by -right development of the site. Regarding the need for a tree permit, Ms. Wolf stated that no tree permit was required because the property consists of residential lots less than one acre in size. The large oak identified in the plan would be preserved, along with trees in the corner buffer area, and some nearby trees shown on the aerial are off site between the access easements. Ms. Wolf also stated that the property owner had cleared underbrush and some dead trees in prior years and acknowledged there had been vegetation on the site based on older aerial imagery. In response to questions, Ms. Wolf stated she had reviewed the restrictive covenants and believed the level of resident support shown would satisfy a supermajority threshold, although the matter would be resolved if the rezoning were approved. She noted that the required access easement must be completed before the project could proceed and stated that, if the necessary approval is not obtained, she would return with an R-15 proposal. Ms. Wolf NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 MARCH 16, 2026 REGULAR MEETING PAGE 801 also clarified the location of the surrounding neighborhoods and stated the proposed townhomes would be two stories, not three. Regarding ingress and egress from the site and the Carolina Beach Road conditions, Ms. Wolf confirmed that vehicles leaving the proposed development and traveling north on Carolina Beach Road would need to turn right and make a U-turn farther south. She acknowledged safety concerns along the curve on Carolina Beach Road and stated Red Lighthouse Lane has an advantage because it includes a turn lane and is located beyond the curve. Ms. Wolf also stated the traffic difference between the proposed development and by -right development would be minimal. In response to questions, Ms. Wolf stated that the memorandum of understanding would prohibit short- term rentals and require a minimum rental period of six months. She further stated that several opposition emails came from the same nearby households and that other submissions came from outside the immediately affected area. In response to questions, Ms. Doss confirmed that Carolina Beach Road was over capacity. She stated that, as shown in the staff report, the planning capacity was 34,000 vehicles per day, compared to a 2023 traffic volume of 41,368 vehicles per day and a 2025 point -in -time count of 36,087 vehicles per day. Discussion briefly ensued regarding the request. Chair Pierce stated that traffic in the southern part of the County was her primary concern. Vice Chair Scalise expressed concern about traffic and stated that he preferred a plan that routed traffic through an existing access rather than allowing an additional driveway onto Carolina Beach Road. Hearing no further discussion, Chair Pierce closed the public hearing and asked Ms. Wolf whether, based on the Board discussion and items presented during the public hearing, 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 Pierce asked for Board direction. MOTION: Commissioner Zapple MOVED, SECONDED by Commissioner Walker to deny the proposed rezoning. While it is consistent with the purposes and intent of the 2016 Comprehensive Plan because the proposed housing type and density are within the range recommended by the Community Mixed Use place type, the Board finds denial of the rezoning request is reasonable and in the public interest because the site design constrains the use of the site and is not compatible with adjacent development. Upon vote, the MOTION PASSED 3 TO 2; Vice Chair Scalise and Commissioner Rivenbark dissenting. COMMITTEE APPOINTMENTS New Hanover County Library Advisory Board Appointment Chair Pierce reported that one vacancy exists on the New Hanover County Library Advisory Board, with five applications available for consideration. Commissioner Zapple nominated Diane Withrow for appointment, seconded by Commissioner Walker. Hearing no further nominations, Chair Pierce asked for a vote on the nomination on the floor. Vote Results: The Board voted UNANIMOUSLY to appoint Diane Withrow to the New Hanover County Library Advisory Board to fill an unexpired term, with the term expiring August 31, 2026. New Hanover County Special Board of Equalization and Review Appointments Chair Pierce reported that eight vacancies exist on the New Hanover County Special Board of Equalization and Review, with nine applications available for consideration. Commissioner Zapple nominated Jason H. Colclough, Rachel Gillilan, Clayton Hamerski, Hector Ingram, and Ida Smith for reappointment as regular members, Chris Stewart and Brad White for reappointment as alternate members, and Steveo Stewart for appointment as an alternate member, seconded by Commissioner Walker. Hearing no further nominations, Chair Pierce asked for a vote on the nominations on the floor. Vote Results: The Board voted UNANIMOUSLY to reappoint Jason H. Colclough, Rachel Gillilan, Clayton Hamerski, Hector Ingram, and Ida Smith as regular members, and reappoint Chris Stewart and Brad White and appoint Steveo Stewart as alternate members on the 2026 Special Board of Equalization and Review to serve one-year terms, with terms expiring March 31, 2027. Commissioner Zapple nominated Hector Ingram as chair of the Special Board of Equalization and Review for the ensuing year, seconded by Commissioner Walker. Hearing no further nominations, Chair Pierce called for a vote on the nomination on the floor. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 36 MARCH 16, 2026 REGULAR MEETING PAGE 802 Vote Results: The Board voted UNANIMOUSLY to appoint Hector Ingram as chair of the Special Board of Equalization and Review for the ensuing year. New Hanover County Tourism Development Authority Appointment Chair Pierce reported that a vacancy exists on the New Hanover County Tourism Development Authority in the Wrightsville Beach Hotel Owner/Manager category, with one application available for consideration. Chair Pierce nominated Meaghan Walsh for appointment, seconded by Vice Chair Scalise. Hearing no further nominations, Chair Pierce asked for a vote on the nominations on the floor. Vote Results: The Board voted UNANIMOUSLY to appoint Meaghan Walsh to the New Hanover County Tourism Development Authority in the Wrightsville Beach Hotel Owner/Manager category to fill an unexpired term, with the term expiring December 31, 2026. Parks Conservancy of New Hanover County, Inc. Board of Directors Appointment Chair Pierce reported that a vacancy exists on the Parks Conservancy of New Hanover County, Inc., Board of Directors with five applications available for consideration. Vice Chair Scalise nominated Annette Clark for appointment, seconded by Commissioner Zapple. Hearing no further nominations, Chair Pierce asked for a vote on the nomination on the floor. Vote Results: The Board voted UNANIMOUSLY to appoint Annette Clark to the Parks Conservancy of New Hanover County, Inc. Board of Directors to serve an unexpired term, with the term to expire June 30, 2027. PUBLIC COMMENT Chair Pierce stated that one person signed up to speak and invited them to make remarks. Roger Shew, resident of Park Avenue, Wilmington, NC, thanked the Board and the Coastal Land Trust for their work to preserve the Bryan Tract and expressed support for the preliminary plan. He also asked the Board to consider additional park, garden, agricultural, and solar -related educational uses for the site. ADDITIONAL AGENDA ITEMS OF BUSINESS There were no additional agenda items of business. ADJOURNMENT There being no further business, Chair Pierce adjourned the meeting at 5:19 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.