Agenda 2010 08-02AGENDA
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
Assembly Room, New Hanover County Historic Courthouse
24 North Third Street, Room 301
Wilmington, NC
JASON R. THOMPSON, CHAIRMAN • JONATHAN BARFIELD, JR., VICE - CHAIRMAN
ROBERT G. GREER, COMMISSIONER • WILLIAM A. CASTER, COMMISSIONER • TED DAVIS, JR., COMMISSIONER
BRUCE T. SHELL, COUNTY MANAGER • WANDA COPLEY, COUNTY ATTORNEY • SHEILA SCHULT, CLERK TO THE BOARD
AUGUST 2, 2010
6:00 P.M.
MEETING CALLED TO ORDER (Chairman Jason R. Thompson)
INVOCATION (Rick Houston, Senior Pastor, Pilgrim Rest Missionary Baptist Church)
PLEDGE OF ALLEGIANCE (Vice - Chairman Jonathan Barfield, Jr.)
APPROVAL OF CONSENT AGENDA
Note: Times listed for each item are estimated, and if a preceding item takes less time, the Board will move
forward until the agenda is completed.
Board of Commissioners Meeting
08/02/2010
CONSENT AGENDA ITEMS OF BUSINESS
1. Approval of Minutes
2. Adoption of a Proclamation to Declare August 1 - 7, 2010 as Coast Guard
Week
3. Second Reading
Approval of Solid Waste Haulers' Franchise Ordinance Renewal
4. Adoption of Ordinances for Budget Amendments
ESTIMATED
TIMES
REGULAR AGENDA ITEMS OF BUSINESS
6:05 p.m.
5. Presentation of a Plaque of Appreciation to Commissioner Bill Caster
6:10 p.m.
6. Consideration of a Resolution for a Targeted Employment Area
6:20 p.m.
7. Public Hearing
Exceptional Design Zoning District (EDZD) Rezoning Request (Z -897, 8/09)
- Request by Wilshire Management Group to Rezone Approximately 9.93
Acres at 611 Middle Sound Loop Road from R -15 Residential District to
Exceptional Design Zoning District (EDZD)
NON - AGENDA ITEMS (limit three minutes
ADDITIONAL AGENDA ITEMS OF BUSINESS
8:00 P.M.
8. Additional Items
County Manager
County Commissioners
Clerk to the Board
County Attorney
8:10 P.M.
9. ADJOURN
Note: Times listed for each item are estimated, and if a preceding item takes less time, the Board will move
forward until the agenda is completed.
Board of Commissioners Meeting
08/02/2010
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: August 2, 2010
CONSENT
ITEM: 1
DEPARTMENT: Governing Body PRESENTER(S): Chairman Thompson
CONTACT(S): Sheila L. Schult, Clerk to the Board
SUBJECT:
Approval of Minutes
BRIEF SUMMARY:
Approve minutes from the following meetings:
Agenda Review meeting held on July 8, 2010
Regular Session meeting held on July 12, 2010
Special Meeting held on July 16, 2010
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve minutes.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
COMMISSIONERS' ACTIONS:
Remanded to staff for review.
Board of Commissioners Meeting
08/02/2010
1 -0
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: August 2, 2010
CONSENT
ITEM: 2
DEPARTMENT: Governing Body PRESENTER(S): Chairman Thompson
CONTACT(S): Chris May, Cape Fear Council of Governments Executive Director
SUBJECT:
Adoption of a Proclamation to Declare August 1 - 7, 2010 as Coast Guard Week
BRIEF SUMMARY:
Chris May, Cape Fear Council of Governments Executive Director, is requesting the Board consider
adopting a proclamation to declare August 1 - 7, 2010 as Coast Guard Week. Chairman Thompson is
attending the August 6, 2010 Welcome Ceremony for the United States Coast Guard Cutter (USCGC)
EAGLE and will present the proclamation to the USCGC EAGLE Commanding Officer.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the proclamation.
ATTACHMENTS:
Coast Guard Week 2010 Proclamation
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
08/02/2010
2 -0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
COAST GUARD WEEK
PROCLAMATION
WHEREAS, the United States Coast Guard (USCG), founded by Alexander Hamilton on
August 4, 1790, is our Nation's oldest continuous seagoing service; and
WHEREAS, the USCG is the world's premier maritime safety and marine law enforcement
agency; and
WHEREAS, the USCG will celebrate its 219 birthday on August 4, 2010; and
WHEREAS, New Hanover County hosts over 300 men, women and their dependents serving
the USCG Marine Safety Unit Wilmington, USCG Station Wrightsville Beach, USCG Cutter
DILLIGENCE, as well as the various USCG Reserve and Auxiliary personnel who augment
these USCG activities; and
WHEREAS, America's "Tall Ship" the USCG Cutter EAGLE will be calling on the Port
of Wilmington August 6 — 7, 2010 and in an effort to educate the public about the
mission of the United States Coast Guard will feature ship tours, exhibits, demonstrations
and much more during its visit to New Hanover County.
NOW, THEREFORE, BE IT PROCLAIMED, by the New Hanover County Board of
Commissioners that the week of August 1 - August 7, 2010 be recognized as COAST
GUARD WEEK in New Hanover County, and urges all citizens to come down to the
waterfront and express their appreciation for these highly professional and multi- talented men
and women who continue to make a tremendous contribution to the social, environmental, and
economic well -being of our county and our nation and officially welcomes the Captain, Crew,
and Cadets of the United States Coast Guard Cutter EAGLE to New Hanover County.
ADOPTED this the 2 nd day of August, 2010.
NEW HANOVER COUNTY
Jason R. Thompson, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
08/02/2010
2 -1 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: August 2, 2010
CONSENT
ITEM: 3
DEPARTMENT: County Attorney PRESENTER(S): Kemp Burpeau, Deputy County Attorney
CONTACT(S): Kemp Burpeau, Deputy County Attorney
SUBJECT:
Second Reading
Approval of Solid Waste Haulers' Franchise Ordinance Renewal
BRIEF SUMMARY:
Pursuant to Chapter 153A -46, the Board is to take action to approve and ratify the renewal of the Award of
Franchise and Agreement for Solid Waste Services for the following business organizations:
Republic Services of North Carolina, LLC
Waste Industries, Inc.
Waste Management of the Carolinas
Total Maintenance Cleaning Services
The franchise is a requirement for collection of residential and /or commercial solid waste in unincorporated
New Hanover County.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Authorize franchise ordinance renewals.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
08/02/2010
3 -0
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: August 2, 2010
CONSENT
ITEM: 4
DEPARTMENT: Budget PRESENTER(S): Cam Griffin, Budget Director
CONTACT(S): Cam Griffin, Budget Director
SUBJECT:
Adoption of Ordinances for Budget Amendments
BRIEF SUMMARY:
The following budget amendments amend the annual budget ordinance for the fiscal year ending June 30,
2011.
11 -009 - Library
11 -010 - Property Management /Sheriff s Office
11 -018 - Health
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adoption of the ordinances for the budget amendments listed.
ATTACHMENTS:
B/A 11 -009
B/A 11 -010
B/A 11 -018
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
08/02/2010
4 -0
AGENDA: August 2, 2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET
BY BUDGET AMENDMENT 11 -009
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 11 -009 be made to the annual budget ordinance for the
fiscal year ending June 30, 2011.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Library
Expenditure:
Decrease
Increase
Library:
Supplies — Books & Periodicals
$1,747
Total
$1
Revenue:
Decrease
Increase
Library:
Miscellaneous Revenue - Contributions
$1,747
Total
$1
Section 2: Explanation
The Library received an income distribution of $747 from the Chambers Trust, which is restricted to the
Library's Materials Account, and $1,000 from the Best Buy Tag Team Award. These proceeds will be used
to improve the Library's collection of foreign language instructional material and to upgrade the adult
illustrated fiction collection.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 11 -009, amending the annual
budget ordinance for the fiscal year ending June 30, 2011, is adopted.
Adopted, this day of , 2010.
(SEAL)
ATTEST:
Jason R. Thompson, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
08/02/2010
4 -1 -1
AGENDA: August 2, 2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET
BY BUDGET AMENDMENT 11 -010
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 11 -010 be made to the annual budget ordinance for the
fiscal year ending June 30, 2011.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Property Management /Sheriffs Office
Expenditure:
Decrease
Increase
Property Management:
Contract Services — Detention Center
$11,177
Sheriff s Office:
Maintenance and Repair — Equipment
$11,177
Total
$11
$11
Revenue: Decrease Increase
Total
Section 2: Explanation
To transfer $11,177 from Property Management's FYI 0- 11 budget to the Sheriffs Office FYI 0- 11 budget
for the Com -Tec Maintenance Agreement renewal for FYI 0- 11. Originally these funds were budgeted in
Property Management; but after consideration of the terms of the maintenance agreement and the Detention
Center equipment it covers, it was decided to renew the Com -Tec Maintenance Agreement through the
Sheriffs Office.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 11 -010, amending the annual
budget ordinance for the fiscal year ending June 30, 2011, is adopted.
Adopted, this day of , 2010.
(SEAL)
ATTEST:
Jason R. Thompson, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
08/02/2010
4 -2 -1
AGENDA: August 2, 2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET
BY BUDGET AMENDMENT 11 -018
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 11 -018 be made to the annual budget ordinance for the
fiscal year ending June 30, 2011.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Health /Safe Kids
Expenditure:
Decrease
Increase
Health /Safe Kids:
Supplies
$500
Total
$500
Revenue:
Decrease
Increase
Health /Safe Kids:
Grant — Local — Safe Kids Worldwide
$500
Total
$500
Section 2: Explanation
The Health Department received a $500 grant from Safe Kids Worldwide for the "Safe Kids Walk This
Way" pedestrian safety program. The funds will purchase incentives, such as T- shirts, reflective backpack
tags, and other items to promote pedestrian safety and reduce pedestrian- related injuries to children. No
County matching funds are required.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 11 -018, amending the annual
budget ordinance for the fiscal year ending June 30, 2011, is adopted.
Adopted, this day of , 2010.
(SEAL)
ATTEST:
Jason R. Thompson, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
08/02/2010
4 -3 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: August 2, 2010
REGULAR
ITEM: 5
DEPARTMENT: County Manager PRESENTER(S): Glenn M. Cox, Azalea Coast Amateur Radio Club
CONTACT(S): Bruce T. Shell, County Manager
SUBJECT:
Presentation of a Plaque of Appreciation to Commissioner Bill Caster
BRIEF SUMMARY:
Glenn M. Cox is the Public Information Officer and Assistant Emergency Skywarn Coordinator for the
Azalea Coast Amateur Radio Club. The Club wishes to present a plaque of appreciation to Commissioner
Bill Caster and extend their gratitude for his assistance in their amateur radio efforts.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Recognize plaque presentation to Commissioner Caster.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recognize plaque presentation to Commissioner Caster.
COMMISSIONERS' ACTIONS:
Recognized plaque presentation to Commissioner Caster.
Board of Commissioners Meeting
08/02/2010
5 -0
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: August 2, 2010
REGULAR
ITEM: 6
DEPARTMENT: County Manager PRESENTER(S): Chairman Thompson
CONTACT(S): Bruce T. Shell, County Manager
SUBJECT:
Consideration of a Resolution for a Targeted Employment Area
BRIEF SUMMARY:
In 1990 under section 203(b) (5) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1153(b) (5) the
US Congress created the fifth employment -based preference (EB -5) immigrant visa category. To encourage
immigration through the EB -5 program, Congress created a Regional Center Investment Program in 1993.
The program specifically sets aside 3,000 visas annually for foreign investors who apply through a United
States Citizen and Immigration Services (USCIS) designated regional center. To qualify for the provisional
program foreign investors must:
1. Demonstrate that a "qualified investment" is being made in a new commercial enterprise
located within an approved regional center. The qualified investment must be:
o At least $500,000 in qualifying targeted employment areas (TEA). CCFI focuses
solely on projects within qualifying targeted employment areas (TEAS), or
o At least $1,000,000
And
2. Demonstrate the qualified investment will benefit the United States economy and:
o Show, using reasonable methodologies, that 10 or more jobs are created either
directly or indirectly by the new commercial enterprise through revenues generated
from increased exports, improved regional productivity, job creation, or increased
domestic capital investment
The attached resolution is submitted for consideration to request the North Carolina Department of
Commerce to designate the specified area of the downtown of the City of Wilmington as a Targeted
Employment Area.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Consider the resolution.
ATTACHMENTS:
Targeted Employment Area Resolution
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Board of Commissioners Meeting
08/02/2010
6 -0
Consider the resolution.
COMMISSIONERS' ACTIONS:
Denied 3 -2, Commissioners Greer, Caster and Davis voting in opposition.
Board of Commissioners Meeting
08/02/2010
6 -0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
FOR A TARGETED EMPLOYMENT AREA
WHEREAS, the Immigration Act of 1990 and subsequent amendments allows expedited
immigration through investment by foreign entrepreneurs in a Targeted Employment Area; and
WHEREAS, such investment in a Targeted Employment Area can stimulate growth in an
economically depressed locale having high unemployment rates and salaries lagging national
averages; and
WHEREAS, that portion of the downtown of the City of Wilmington commencing at Third
Street and running to the Cape Fear River, and bounded by the Cape Fear River Memorial
Bridge and the Northeast Cape Fear River Bridge, satisfies requirements for a Targeted
Employment Area.
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of
Commissioners requests the North Carolina Department of Commerce to issue the United States
Citizenship and Immigration Services the required Targeted Employment Area Letter so
designating the above specified area of the downtown of the City of Wilmington.
ADOPTED this the 2 nd day of August, 2010.
NEW HANOVER COUNTY
Jason R. Thompson, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
08/02/2010
6 -1 -1
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: August 2, 2010
REGULAR
ITEM: 7
DEPARTMENT: Planning PRESENTER(S): Chris O'Keefe, Planning & Inspections Director;
and Jane Daughtridge, Planning & Zoning Manager
CONTACT(S): Chris O'Keefe, Planning & Inspections Director; and Jane Daughtridge, Planning & Zoning
Manager
SUBJECT:
Public Hearing
Exceptional Design Zoning District (EDZD) Rezoning Request (Z -897, 8/09) - Request by Wilshire
Management Group to Rezone Approximately 9.93 Acres at 611 Middle Sound Loop Road from R -15
Residential District to Exceptional Design Zoning District (EDZD)
BRIEF SUMMARY:
At its April 1, 2010 meeting, the Planning Board voted 4 -0 to recommend approval of the request to rezone
property currently addressed at 611 Middle Sound Loop Road from R -15 to EDZD based on the information
presented. One person spoke in support stating that the project is a vast improvement to the overgrown lot
and two people spoke in opposition because of location and traffic concerns. This item was continued from
the June 7, 2010 County Commissioners' meeting.
The site is classified as Watershed Resource Protection on the 2006 CAMA Land Classification Map.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
ACTION NEEDED: Adopt a statement in accordance with NCGS 153A -341 which requires that "Prior
to adopting or rejecting any zoning amendment, the governing board shall adopt a statement
describing whether its action is consistent with an adopted comprehensive plan and explaining why the
board considers the action taken to be reasonable and in the public interest."
EXAMPLE for approval:
The County Commissioners find that this request for zoning map amendment from R -15 Residential district
to Exceptional Design Zoning District as described is:
1. Consistent with the purposes and intent of the Exceptional Design Zoning District
outlined in section 53.6 of the New Hanover County Ordinance and several Policies of
the 2006 CAMA Land Use Plan, including Natural Resources, Land Use and Urban
Design, Transportation and Housing.
2. Reasonable and in the public interest to rezone 9.92 acres at 611 Middle Sound Loop
Road from R -15 Residential to EDZD Exceptional Design Zoning District with density
of 4.8 units per acre adjacent to R -20 residential development when all of the
specialized EDZD design criteria are implemented.
EXAMPLE for denial:
The County Commissioners find that this request for zoning map amendment from R -15 Residential district
to Exceptional Design Zoning District as described is :
1. Not Consistent with the purposes and intent of Policy 5.7 of the 2006 CAMA Land Use
Board of Commissioners Meeting
08/02/2010
7 -0
Plan because it does not preserve the character of an existing residential neighborhood,
and
2. Not Reasonable nor in the public interest to rezone 9.92 acres at 611 Middle Sound
Loop Road from R -15 Residential to EDZD Exceptional Design Zoning District with
density of 4.8 units per acre adjacent to R -20 residential development. The project
does not provide a well rounded mixed use situation as envisioned by the Exceptional
Design Zoning District in this location.
ATTACHMENTS:
Staff Memo Regarding TIA
Z -897 EDZD Staff Summary
Z -897 EDZD Petition Summary
Z -897 EDZD Site Plan
Z -897 EDZD Half Mile Radius Map
Z -897 EDZD Core Requirements - Highlights
Z -897 EDZD Adjacent Property Map
Z -897 EDZD Applicant Materials Package
Z -897 EDZD Additional TIA Scoping
Z -897 EDZD Middle Sound Roundabout Information
Z -897 EDZD Letters of Support
Z -897 EDZD Letters of Opposition
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
COMMISSIONERS' ACTIONS:
Approved 4 -1 with the condition that the number of trips does not exceed be the R -15 zoning limitation (47
units), Commissioner Davis dissenting.
Board of Commissioners Meeting
08/02/2010
7 -0
NEW ANOVER COUNTY
PLANNING &INSPECTIONS DEPARTMENT
230 GOVERNMENT CENTER DRIVE
WILMINGTON, NORTH CAROLINA 28403
TELEPHONE (910) 798- 7165
FAX (910) 798- 7053
Chris O'Keefe, AICP
Planning & Inspections
Director
Dennis Bordeaux
Inspections Manager
Jane Daughtridge, AICP
Planning & Zoning
Manager
July 23, 2010
MEMORANDUM
FROM: Jane Daughtridge, Planning & Zoning Manager
IN RE: Z -897 611 Middle Sound Loop Road EDZD Traffic Impact Analysis
One of the requirements of an Exceptional Design Zoning District (EDZD) application is to conduct a
traffic impact analysis. Unlike other types of proposals where traffic thresholds trigger production of a
TIA, the County Commissioners included a standing requirement for traffic impact analysis as part of this
new EDZD zoning district criteria.
Under normal circumstances, when a proposal shows trip generation of 100 or more trips at the peak hour,
certain activities are set in motion. The applicant meets with the MPO and NCDOT
to "scope" the required analysis. During this meeting the expectations of analysis are determined. Traffic
flows and dispersals of traffic through the surrounding area are evaluated at effected intersections in
relation to current and anticipated traffic counts. Any road improvements needed to offset significant
impacts are recommended. The results are compiled and sent to the MPO and DOT for review and
approval.
For Z -897, the trip generation for the proposed 48 townhouse units was not found to generate the normal
trigger of 100 peak hour trips, so it was unclear to the "scopers" what level of analysis was expected for
EDZD or what might be appropriate. Peak hour trip generation was determined to be 29 trips in the AM
peak and 33 trips in the PM peak. These numbers were viewed as being relatively insignificant within the
larger context of traffic and development along Middle Sound Loop Road, so traffic impact was studied
only at the entrance to the site. No improvements were recommended to the road network as a result of this
analysis. Without clearer guidance in the ordinance as to the expectations of traffic impact analysis for
projects generating less than our normal peak hour threshold, Planning staff and the MPO accepted the
analysis and conclusions as adequate.
Concerns voiced by the neighborhood stimulated another meeting among the applicants, County Planning,
NCDOT Division 3 and the MPO. The applicants were encouraged (but not required) to expand the scope
of their analysis to answer lingering concerns expressed by the neighborhood. The MPO Executive
Director prepared a letter on July 14 outlining a suggested list of additional analysis or assessment to
supplement the original data. As of this date, Planning staff has not been provided any revision to the
original analysis.
Board of Commissioners Meeting
08/02/2010
7 -1 -1
CASE #: Z -897 (8/09)
APPLICANT: Wilshire Management Group
REQUEST: Rezone 9.92 acres at 611 Middle Sound Loop Road from R -15 Residential to
EDZD Exceptional Design Zoning District.
This is the second application to be reviewed under the new Exceptional Design Zoning District
option. The applicant proposes 48 townhomes on 9.92 acres on Middle Sound Loop Road.
PLANNING BOARD ACTION: At its April 1, 2010 meeting the Planning Board voted 4 -0 to
recommend approval of the request to rezone property currently addressed at 611 Middle
Sound Loop Road from R -15 to EDZD based on the information presented. One person spoke in
support stating that the project is a vast improvement to the overgrown lot and two people
spoke in opposition because of location and traffic concerns.
Staff Recommendations in accordance with Section 53.6.5
Planning staff, in consultation with other appropriate departments or personnel, shall prepare a
written report to the planning board and board of commissioners, containing the following
findings:
(1) As to the suitability of the proposals for the general type of function, the physical
characteristics of the land, and relation of the proposed development to surrounding
areas and existing and probable future development.
611 Middle Sound Loop Road is a former mobile home park currently zoned R -15
residential and surrounded by R -20 single-family residential development at a density of
1.9 units per acre. Residential development is a suitable function for the property. The R-
15 district allows 2.5 units per acre. Under other provisions of the ordinance, high
density development would not be allowed in this community. Exceptional Design is the
only option for seeking density greater than 2.5 units per acre in this R -15 district.
The 9.92 acre parcel is characterized by deteriorated mobile home sites and
driveways, mature trees and weeds, a small area of swamp forest COD and a drainage
easement along the eastern border. Slope is relatively flat on most of the property with
decreasing elevation along the east side as it slopes toward the drainage easement.
Staff would expect future development in the Middle Sound area to consist mainly of
redevelopment since very little vacant land suitable for new development remains. The
parcel does not provide habitat for any protected or significant species in the NC Natural
Heritage Inventory.
The proposal includes an innovative "Garden Park" amenity for the community
which provides unique recreational open space and an opportunity for residents to
gather and mingle.
Z -897, (8/09)
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Board of Commissioners Meeting
08/02/2010
7 -2 -1
Staff concludes that this proposal suits the function and characteristics of the
land but challenges the long - standing development trend of lower density residential
development in the Middle Sound Community.
(2) As to the sufficiency of supporting evidence in the application showing that the
proposed location can meet the basic criteria for exceptional design.
Supporting evidence provided by the applicant is sufficient to show that the
project can likely meet the core requirements for exceptional design. Certain
requirements such as LID approval and certified green building and water efficient
landscaping will be fully confirmed when the final plan is reviewed by TRC. There is only
one provider of jobs within the %mile walk distance and no commercial options within
walking distance. Commercial activity has been increasing about one mile away at the
intersection of Market Street and Middle Sound Loop Road in recent years.
Staff concludes that the supporting evidence is adequate. The proposal would be
very strong in a location with a greater mix of shopping and job opportunities within a
mile walking distance, but despite its weak satisfaction of the smart location
requirement, it does meet the minimum requirement and can likely satisfy all the core
and additional requirements outlined in the ordinance to qualify for Exceptional Design
Zoning District. The proposal as submitted also earns two (2) density bonus points for a
total qualification of 8 units per acre. Staff does not find that the building orientation
points should be awarded since the site plan does not reflect it, and the intent to explore
the option is not sufficient to earn points. No bonus points are required for this proposal
because the applicant is requesting less than the EDZD base of 6 units per acre. A total
of 4.8 units per acre is requested.
(3) As to the relation to major roads and mass transit facilities, utilities and other facilities
and services.
Only one street access is present to serve the property, regardless of the number
of units allowed. Surrounding development does not offer existing street stubs for
additional connectivity and the orientation of the property does not provide adequate
road frontage to accommodate a meaningful second access. Lack of options for
disbursing vehicular traffic is the weakest feature of the proposal. If approved, the TRC
will have to determine if the project can meet the normal connectivity ratio or
emergency access standards. It is expected that this new configuration will help manage
the traffic flow problems at this busy intersection. No mass transit is available to this
location. Market Street is approximately one mile from the site. The applicant proposes
to include bicycle and pedestrian paths within the EDZD and also to contribute $15,000
toward installation of an off -site bike /pedestrian facilityfrom the EDZD to Ogden
Elementary School, approximately %mile away. Accomplishing this connection to the
school will strengthen satisfaction of the intent of the proximity to jobs requirement as
well as offering at least one limited transportation alternative to future residents which
Z -897, (8/09)
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Board of Commissioners Meeting
08/02/2010
7 -2 -2
will become an even more meaningful contribution to the neighboring Middle Sound
community as the planned bike /pedestrian facility expands.
The required traffic impact analysis indicates that the peak hour traffic
generation for twenty-four (24) single family homes at R -15 residential density would be
twenty -seven (27) trips in the a.m. peak hour and thirty (30) trips in the p.m. peak hour.
By comparison, forty -eight (48) townhomes would generate twenty -nine (29) trips in the
a.m. peak hour and thirty -three (33) trips in the p.m. peak hour. No analysis was
conducted at intersections away from the driveway access to the proposed site. At the
June commissioners meeting when the item was continued, it was suggested that the
developer should try to reach some compromise with the neighborhood and perhaps
expand the TIA. South of the site at Darden Road, a traffic roundabout has been
designed to alleviate congestion at the school. The project is under way and NCDOT
indicates that they hope to have it completed by August or September of 2010.
In the past decade, public water and sewer has become available to enhance
protection of water quality in the Pages Creek watershed by eliminating septic systems.
The Cape Fear Public Utility Authority has provided a letter stating that adequate
capacity is available to serve the proposed development.
A Low Impact Development (LID) stormwater management plan is required of all
projects seeking an EDZD rezoning. Staff has reviewed a preliminary plan which appears
to offer sufficient LID techniques to meet that criterion. Final approval is required
through TRC review of the final plan submission if the rezoning is approved.
Staff concludes that lack of interconnectivity with the surrounding area and the
provision of only one access point are the only significant weaknesses relating to
infrastructure support.
(4) As to the adequacy of evidence on unified control and the suitability of any proposed
agreements, contracts, deed restrictions, sureties, dedications, contributions,
guarantees, or other instruments, or the need for such instruments, or for
amendments in those proposed.
The entire property is shown on the New Hanover County tax records to belong to
Wilshire Management Group, the applicant. The applicant is a limited liability company
incorporated in 2004 through the State of North Carolina for the described purpose of
"real estate."
Staff concludes the applicant maintains unified control of the property.
(5) As to the suitability of plans proposed or the suggestion of conditions.
The proposed site plan includes a detailed concept plan which demonstrates a
broad array of positive design features. The proposed 48 units are expressed as
townhomes clustered in one, two and three -unit designs, preserving 61°0 of the site as
common area open space and reducing permitted impervious surfaces by nearly 15°0.
Low impact development techniques are demonstrated on the concept plan and in text.
A small area of swamp forest will remain undisturbed. A "Garden Park" community
Z -897, (8/09)
Page 3
Board of Commissioners Meeting
08/02/2010
7 -2 -3
garden and gathering space has been included along the front of the project, allowing
for interaction with the broader community.
Staff concludes that the proposed site plan is suitable to express the intentions of
the applicant and, in general, the satisfaction of required elements.
(6) As to the consistency with the County's adopted Land Use Plan and other adopted
plans for development in the vicinity, and suggesting how the rezoning might be
reasonable and in the public interest if approved.
In May of 1987, the county adopted the Middle Sound /Ogden ...Future
Directions plan. Major concerns outlined in the plan included traffic congestion;
character, density and rate of residential development; and environmental protection
challenges in fragile areas served only by septic tanks. The primary strategies for
addressing these concerns included signalization and turn lanes at Market Street, along
with added connectivity through Gorman Plantation to the south and Darden Road to
the north; reduction of allowable residential density; and construction of a sewer system.
Soon after the plan was adopted, substantial rezoning took place to change most
undivided property to R -20. Public water and sewer are now available in the community
and Conservation Overlay standards are in place to protect fragile areas. The
intersection of Market Street and Middle Sound Loop Road has been signalized with
turning lane improvements. A traffic circle has been approved for the intersection of
Middle Sound Loop Road and Darden Road to alleviate congestion at Ogden Elementary
and interconnectivity has been established through Gorman Plantation and Darden
Road.
The 2006 CAMA Land Use Plan includes policies and land classifications that
express the county's goals and strategies for steering growth to areas suitable for
development while protecting the fragile ecosystems that sustain our economic appeal
and our quality of life. Several strategies encourage adoption of exceptional design
standards to mitigate the negative impacts of development in sensitive areas. Low
impact stormwater management standards and mixed use options are consistent with
the plan. At the end of 2009, a new district, Exceptional Design Zoning District (EDZD)
was added to the zoning ordinance. This district encompasses many requirements of
smart and sustainable design by creating a menu of siting and design elements in order
to qualify for consideration.
Staff concludes that the proposal challenges the 1987 neighborhood growth
strategy to keep density low, but complies with the expressed goals of the 2006 CAMA
Land Use Plan. Staff feels the proposal can be considered reasonable since it asks for less
than the allowable EDZD base density and meets the core elements and exceeds the
minimum for additional requirements of the Exceptional Design Zoning District. It can be
Z -897, (8/09)
Page 4
Board of Commissioners Meeting
08/02/2010
7 -2 -4
considered in the public interest because the impacts of additional density are offset by
substantial increases in open space, reductions in impervious coverage and a
commitment to establish abike /pedestrian facility between the project and Ogden
Elementary School in an area without existing sidewalks or bike paths.
ACTION NEEDED:
Adopt a statement in accordance with NCGS 153A -341 which requires that "Prior to adopting
or rejecting any zoning amendment, the governing board shall adopt a statement describing
whether its action is consistent with an adopted comprehensive plan and explaining why the
board considers the action taken to be reasonable and in the public interest."
EXAMPLE for approval:
The County Commissioners find that this request for zoning map amendment from R -15
Residential district to Exceptional Design Zoning District as described is:
1. Consistent with the purposes and intent of the Exceptional Design Zoning District
outlined in section 53.6 of the New Hanover County Ordinance and several Policies of
the 2006 CAMA Land Use Plan, including Natural Resources, Land Use and Urban Design,
Transportation and Housing.
2. Reasonable and in the public interest to rezone 9.92 acres at 611 Middle Sound Loop
Road from R -15 Residential to EDZD Exceptional Design Zoning District with density of
4.8 units per acre adjacent to R -20 residential development when all of the specialized
EDZD design criteria are implemented.
EXAMPLE for denial:
The County Commissioners find that this request for zoning map amendment from R -15
Residential district to Exceptional Design Zoning District as described is :
1. Not Consistent with the purposes and intent of Policy 5.7 of the 2006 CAMA Land Use
Plan because it does not preserve the character of an existing residential neighborhood,
and
2. Not Reasonable nor in the public interest to rezone 9.92 acres at 611 Middle Sound
Loop Road from R -15 Residential to EDZD Exceptional Design Zoning District with density
of 4.8 units per acre adjacent to R -20 residential development. The project does not
provide a well rounded mixed use situation as envisioned by the Exceptional Design
Zoning District in this location.
Z -897, (8/09)
Page 5
Board of Commissioners Meeting
08/02/2010
7 -2 -5
Case: Z -897 (8/09)
Exceptional Design Zoning District Rezoning from R -15 to EDZD to create a sustainable
community, consisting of 48 duplex and triplex style units.
Petition Summary Data
611 Middle Sound Loop Road
Owner /Petitioner Wilshire Management Croup
Existinz Land Use: Vacant
Zonin_ History: Area 3 (May 18, 1970) (3/2005)
Land Classification: Watershed Resource Protection
Water Type: Public
Sewer Type: Public
Recreation Area: Ogden Park
Access &Traffic Volume: Middle Sound Loop Road (minor arterial)
Average Daily Trips (ADT) on Middle Sound Loop Road have decreased slightly from
8662 (2008) to 8649 (2009).
Fire District: Ogden Volunteer Fire Department
Watershed & Water Quality Classification: Page's Creek SA; HQW; 303(d)
Aquifer Recharge Area: A shallow water -table sand aquifer and underlying artesian
aquifer containing fresh water over salty water.
Conservation /Historic /Archaeological Resources: Small area of swamp forest
Soils: Se- Seagate fine sand
Septic Suitability: Class II- Moderate Limitations
Schools: Ogden Elementary School
Board of Commissioners Meeting
08/02/2010
7 -3 -1
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Board of Commissioners Meeting
08/02/2010
7 -5 -1
CORE REQUIREMENTS
1. Smart Location
REQUIRED
Option 1: Locate project on an infill site
Option 2: Locate project on an adjacent site with pre - project connectivity.
Option 3: Locate project near existing or planned adequate transit service.
Option 4: Locate project near existing neighborhood shops, services, and facilities.
2. Proximity to Water and Wastewater Infrastructure
REQUIRED
Option 1: Locate project on a site served by existing water and wastewater infrastructure.
Replacement of or other on- location improvements to existing infrastructure are
considered existing for the purpose of achieving this option.
Option 2: Locate project within an area scheduled for water and sewer expansion where
verifiable expansion plans can be provided and allocation of capacity can be confirmed
with the Cape Fear Public Utility Authority.
3. Significant Species and Ecological Communities
REQUIRED
Option 1: After consultation with the NC Natural Heritage Program map as found on the
New Hanover County online mapping services, no species present or likely to be present
that are listed under the federal Endangered Species Act, NC endangered species list or
listed in the NC Natural Heritage Program as either Nationally, State or Regionally
Significant.
Option 2: If initial consultation with the NC Natural Heritage Program map is inconclusive,
then a qualified biological scientist performs biological surveys to determine the presence
of endangered or significant species or the applicant consults with the NC Natural Heritage
Program in Raleigh to receive a State determination.
Option 3: If endangered or significant species are found, comply with an approved Habitat
Conservation Plan (HCP) under the Endangered Species Act for each species or receive an
approved mitigation plan from the NC Natural Heritage Program.
Option 4: If endangered or significant species are found and no approved HCP exists, work
with an appropriate authority to create and develop one or develop an approved
mitigation plan with the NC Natural Heritage Program.
4. Wetland and Water Body Conservation and Preservation
REQUIRED
To prevent bacterial contamination of surface water, install pet waste stations within
required open spaces and implement a maintenance schedule for the pet waste stations
-and -
Option 1: Locate project on a site that includes no jurisdictional wetlands, water bodies
(including but not limited to intermittent and perennial streams) or land within 100 feet of
these areas.
Board of Commissioners Meeting
08/02/2010
7 -6 -1
Option 2: Locate project such that pre - project jurisdictional wetlands, water bodies
(including but not limited to intermittent and perennial streams), and land within 100 feet
of such areas shall not experience significant destruction or lasting detrimental effects to
water quality or other protected natural resources as a result of new development.
Significant destruction shall include the construction, excavation, deposition, of materials
in, over or on such land or any work that would affect the course, location, condition, or
capacity of the receiving water body.
5. Floodplain Avoidance
REQUIRED
Option 1: Locate on a site that does not contain any land within a 100 -year floodplain.
Option 2: Locate the project on an infill site or a previously developed site and comply with
the NFIP requirements for developing portions of the site that lie within the floodplain.
Option 3: Develop only on portions of the site that are not in a floodplain or on portions
that have been previously developed.
6. Stormwater Management
REQUIRED
Implement a comprehensive stormwater management plan for the project that infiltrates
and reuses stormwater runoff. Stormwater shall be managed following the principles
prescribed in the New Hanover County -City of Wilmington Joint Low Impact Development
Manual and will enable a project to use the LID -EZ Spreadsheet Tool. A determination that
a project qualifies as a Low Impact Development shall be made by the Technical Review
Committee (TRC).
ADDITIONAL REQUIREMENTS (MINIMUM OF 12 POINTS FROM THE CRITERIA LISTED
Points
BELOW IN ADDITION TO THE CORE REQUIREMENTS)
1. Bicycle and Pedestrian Access
2 points
Include a pedestrian or bicycle through- connection in at least 90% of any new cul -de -sacs,
except where prohibited by topographical conditions. Provide bicycle parking and storage
for developments that contain multifamily, retail and commercial development. Provide
convenient access and off -site connections to all constructed or planned bicycle and
pedestrian infrastructure networks.
2. Housing and Jobs /Commercial Opportunity Proximity
2 points
Option 1: Include a residential component equaling at least 30% of the project's total
building square footage, and locate and /or design the project such that the geographic
center is within a % mile walk distance of pre - project full -time equivalent jobs equal to or
greater than the number of dwelling units in the project
Option 2: Include a non - residential component equaling at least 30% of the project's total
building square footage
3. Diversity of Uses
2 -4 points
Include a residential component in the project that constitutes at least 25% of the project's
total building square footage and design or locate the project such that at least 50% of the
dwelling units are within % mile walk distance of the number of diverse uses in the
approved diversity of uses table. At least one use from two of the three diversity of uses
list is required.
4. Conservation Management of Habitat or Wetlands
2 points
Create a long -term management plan for new or existing on -site native habitats, and /or
Board of Commissioners Meeting
08/02/2010
7 -6 -2
water bodies and wetlands and their buffers, and create a guaranteed funding source for
management.
5. Transit Facilities
4 points
Locate development within % mile of an existing or planned transit route. Provide or
identify covered and at least partially enclosed shelters, adequate to buffer wind and rain,
with at least one bench, at each transit stop. Provide kiosks, bulletin boards, and /or signs
devoted to providing local public transit information as part of the project, including basic
schedule and route information at each public transit stop within or bordering the project.
6. Certified Green Building
2 points
Design, construct, or retrofit one whole residential or non - residential building to be
certified through: LEED, NAHB Green Building Standards, North Carolina Healthy Built
Homes or Green Globes.
7. Minimum Building Energy Efficiency
4 points
For non - residential building, mixed use buildings, and multifamily residential buildings four
stories or greater, new buildings must be on average 10% better than ANSI /ASHRAE /IESNA
Standard 90.1 -2007. For new multifamily residential buildings three stories or fewer and
new single - family residential buildings: 90% of new buildings must meet Energy Star
criteria.
8. Water Efficient Landscaping
2 points
Reduce potable water consumption for outdoor landscape irrigation by limiting turf to 25%
or less, incorporating rainwater catchment system(s) such as rain barrels or cisterns into
the project, installing drip irrigation and utilizing stormwater for landscape irrigation.
9. Building Orientation
2 points
Design the project so that a minimum of 75 percent of the building sites are constructed
with the longer dimension of the structure facing 0 -30 degrees of south.
10. Affordable Housing
2 points
Include a minimum of 15% of the dwelling units as rental and /or for -sale dwelling units
priced for households earning below area median income (AMI). Rental units must be
maintained at affordable levels for a minimum of 15 years.
*No partial points will be awarded. Points will not be awarded on a sliding scale.
Core Requirements + Required additional 12 points + 2 bonus points.
Board of Commissioners Meeting
08/02/2010
7 -6 -3
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APPLI MATtRIALS
Board of Commissioners Meeting
08/02/2010
7 -8 -1
4 CO
NEW HA
NTY
2 3 0 Gov mment Center Drive
Suit 15
P DEPARTMENT
Wilmington, NC 28403
' 910-798- p hone
'R�
* 1 - 798 -7053 fax
f �"ONING MAP AMENDMENT
www.nlicjaov.com
Marne of Petitioner Staff Use only.
+ . Application urnr
Address City, S tate, Zi p
box-
Email Address 'telephone Number of Petitioner
Tc1 77
Name of Property Owner if different than Petitioner) 'telephone lumber of d wner if different than Petitioner
Address of Proper owner if different than Petitioner) Clay, S tate, Zi p
Email Address if different than Petitioner) Property ,address
E xisting Zoning Proposed Zonin
Area of Property Square Feet/Acres Feet/Acres Parcel III Number
01 Lovp r 3 6�0 .
Existing Use of Property Land Classification (See Lund Use Plan)
P
SUBMISSION R EOUIREMENTS
Petitions must be reviewed by the Planning Department for completeness prior to acceptance. For Petitions involving five 5
acres or less a fee of $400,00 will be charged; for those of more than five 5 acres a fee of $600.00 will be charged. This fee,
payable to New Hanover County, l WSW accompany this petition. The fo llowing supplemental ental information is required:
I . One copy of the New Hanover County Tax Map, which delineates the property requested for rezoning.
2. Legal description (by metes and bounds) of property requested for rezoning; or a survey subdivision plat, which
delineates the property, requested for rezoning if applicable).
3 . Applicant's answers to the questions on this application.
4 . Authority for appointment of agent form (if applicable)
5. Verify that no z oning action has taken place on any portion of the property within the past 12 months.
6 . Any special requirements of the ordinance (For example, Section 53.5 for Planned Development District).
REVIEW PROCEDURES
Petitions for change of zoning are first referred to the Now Hanover County Planning Board and them acted upon by
the New Hanover County Board of Commissioners.
Complete petitions and suppl ementary information must be revie and accepted by the Planning Department
twenty 0 working days before the Planning Board meeting to allow adequate time for processing and advertisement as
required by the North Carolina General Statutes.
Unless otherwise published or any.- .ounced, Planning Board meetings are held on the first Thursday of each month at
5 -630PM in the Commissioner's Assembly Room at the old County Courthouse, at Third and Princess Streets, wih ington,
North Carolina.
If the Plarming Board approves your petition, the request will automatically be referred to the Board of County
C rnrni sioner . If your petition is denied, you may appeal to the Board of Comm issioners. The Planning Department can
advise you regarding appeal procedures.
The owner /applicant and or authorized agent should plan to attend all meetings at which this request will he heard.
Page 1 of
Board of Commissioners Meeting
08/02/2010
7 -8 -2
M AR 0 7/08
WHAT YOU MUST ESTABLISH
FOR A CHANGE OF ZONING
Your intended use of property upon rezoning is completely irrelevant, except for conditional use district proposals. `he'
North Carolina General Statutes require that zoning regulations shall be made in accordance with a comprehensive plan,
The governing board is required to adopt statements that the change its or is not consistent, reasonable, and in the
Public's interest. Since amendments to zoning reaps should also be based on a Land Use Plan, you must explain how your
request satisfies each of the orlow g requirements: (Fill in below or attach additional pages).
1. How would the requested change be consistent with the County's Policies for Growth and Development
P f
i(c_ A
2. How would the requested zone change be consistent with the property's classification on the Land Classification
Map?
pie 0s� �WWI Aney
O f f
3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land
involved unsuitable for the uses permitted under the existing zoning?
4 . How will this change of zoning serge the public interest`s
I n signing this petition, I understand that the existing zoning map is presumed to be correct and that I have the
burden - of proving why a change is in the public interest. I further understand the singling out of one parcel of land for
ipeciai zoning treatment unrelated to Counter policies and the surrounding neighbourhood would probably b illegal.
certify that this application is complete and that all information presented in this application is accurate to the best o
any knowledge, information, and belief,
Signature of Petitioner and/or Property owner Print Name
Page 2 of
Board of Commissioners Meeting
M.-o7
08/02/2010
7 -8 -3
New Hanover County Planning Department
Exceptional Design Zoning Ditrrict Application
Responses to Application Questions
Owner: Wilshire Management Group
Parcel ID Dumber: 00- 003 - 121 -000
Parcel Address: 611 Middle Sound Loop Road
Current Zoning: -15
Requested Zoning: Exceptional Design Zoning District (DD)
Project: Middle Sound Village
Note: In an effort to efficiently provide responses to the questions listed in the application and more
importantly add clarity to the presentation of the proposed merits of the project, we have provided a
Project Summary narrative, which shall serve as an attachment to the application and a point of
reference for our responses to each of the questions listed in the Exceptional Design Zoning District
Application.
DD Prerequisite Applicability Narrative
A. Core Requirements
ents
1. Smart Location
a. Option : The project is located on an Infill Site and is surrounded on all four
sides by existing development.
2. Proximity to Water and Wastewater Infrastructure
a. Option 1; Sanitary Sewer is onsite, having been first Installed to serve the
Countryside Trailer park. water is located within Middle Sound Loop Road
and is easily accessible. The Cape Fear Public ltility Authority cu rrently has
ample capacity to serve the project.
3. Significant Species and Ecological Communities
a. Option 1: There are no species present or likely to be present on site that are
listed under the federal Endangered Species Act, NC Endangered Species List,
or listed in the NC Natural Heritage Program as either Nationally, State, or
Regionally Significant.
b. 3/16/10- At the request of staff, the applicant has supplemented this package
with a copy of the applicable US Array Corps of Engineers Notlfi ation of
Jurisdictional Determination, dated 3.23.2007 and valid thru 3.23.2012. The
determination veri ies that "thee are no waters of the US, to include
wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act ". The pocket of
non- jurisdictional wetlands, and a S' COD around the wetlands are shown on
the applicant's site plan. Also shown on the applicant's site plan, are all of
the significant trees on site. In the design of their conceptual site plan in
connection with this application, the applicant attempted to avoid as many of
these features as possible. There were no impacts to the wetlands, and
minimal impacts to existing trees on the site. If approved, the applicant will
here the ability to further mitigate the irnpact on the a cisting trees on site,
Board of Commissioners Meeting
08/02/2010
7 -8 -4
through slight modifications in the orientations and location of the units to be
built on site. Though 10 avoidance will not be possible, the applicant does
acknowledge the value of the trees on site and would life to preserve therm as
much as possible.
4. wetland and Water Body Conservation
. option 1: There are no jurisdictional wetlands on the site
5. I=loodplin Avoidance
a. option 1: As indicated on floodplain map panel 3169, as found on New
Hanover County's webite, no portion of the site lies within the 100 year
floodplain.
6. Stormwater Management
a. A conceptual plan showing hour LID concepts will be used to manage the
project's sto rrwater was submitted to TIC, reviewed, and received staff level
approval.
B. Additional Requirements
1. Bicycle and Pedestrian Access Points)
a. The proposed plan includes a pedestrian/ bicycle through connection in all cul-
de- sacs, in addition to connectivity throughout the neighborhood.
Furthermore, the applicant would life to help facilitate the construction of a
bike path (as identified in the I IP 's 2030 plan) or a multi -use path
connection between the project and Ogden Elementary School.
2. Housing and Jobs/Commercial Opportunity Proximity (2 Points)
a.ogd n Elementary School is located within YS mile walking distance of the
project and employs approximately 84 employees (the proposed project
density is units). The actual distance between the school and the
geographic center of the project is .46 Miles.
3. Conservation Management of Habitat or Wetlands Points)
a. As a condition of TRC approval for the project, the applicant will create a long-
term management plan for new and existing native habitants found on the
site and will use the PoA to fund their continued maintenance.
4. Certified Green Building Points)
a. The applicant will design and construct at least one home which will be
certified under LED, NAHB Green Building Standards, NC Healthy Built
Homes, or Green Globes. The applicant has already hired a consultant to
assist them in designing a series of environmentally friendly homes for the
communit
5. Minimum Building Energy Efficiency (4 Points)
a. At least of the new bores to be constructed within the community will
meet Energy Star Criteria.
6. water Efficient Lands aping Points)
a. The applicant will create a efficient landscaping plan, will limit turf to % or
less, and will incorporate rainwater catchment system(s) such as rain barrels
for every home, in an effort to harvest rain water for irrigation.
7. Building Orientation Points)
a.The applicant is exploring the option of orienting a minimum of % of the
buildings with the longer dimension of the structure facing 0-30 degrees of
south, in an effort to take advantage of sunlight for beating and cooling.
Board of Commissioners Meeting
08/02/2010
7 -8 -5
These points are not needed to qualify for the base density, nor the proposed
density, for this project.
What You Must establish For a Change of Zoning
1. How would the re change be consistent with the Count 's Policies
for Growth and Develop
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Applicant's Res pon e: We be that the requested charge and associated concept site plan are
c onsistent with the following Policies, which are listed in the County's Policies for Growth and
Development, ent, withi the CAMA land use plan. The applicable language from the County's Po f or
Growth and Development has been provided in italics) with our responses for each topic in s
Issue 1: water Quality
• Polley I . 1: "'Make every effor t o p re ven furt er de t eriorat ion of estuarine water q uality
and loss of public trust uses in the creeps and sounds and improve grater quality in all
surf water b odies so that each water body me its use designation determined y
the D ivision o Water quality, Marine Fisheries, Health, are d E. P. A. '
• Policy 1.2: "Maintain water duality levels in al surface water bodies once their use-
designation has been a�ah' ved.
i. Implementation Strategy 1.2.2: " "Develop drainage systems and design
s tandards that reflect the natural carrying capacity of the watershed i.e. Soils,
slope, pe rmeability, and other naturalfeatares).
ii. Implementation .Strategy 1.2.4: "Develop standards to erasure the retention,
acquisit and mana gement of notural vegetative buff to p reserve,
m an protect wat quality.
iii. Implementation ,strategy 1.2.5: ""Updateldevelop subdivision design standards
to protect and improve water quality in sensitive areas.
Policy 1. : " the protection, preservation, a wise use of natural resources by
careful review acrd co nsideration of the potentially adverse en vironmento/ impacts o
le elopment through the creation and im lementation of an environmental review
p rocess.'
i. Implementation Strategy 1.4.5: "Vevelop an environmental review process to be
conducted by staff as part of the technical review process for all major
development pro'eats or any development that requires a land disturbing permit.
This process will include:
a guidelines for the evaluation of cumulative impacts on the en vironment;
b guidelines for review of impacts in accordance with goads of wetland
avoidance, minimization,,, ation, com pensation, andlor mitigation;
c) identification and protection of historical, archaeological, and other
conservation resources;
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d) identification and preservation of protected trees and significant tree
clusters;
e Guidelines for incorporated lour impact development techniques into site
design.
Ap Response: As outlined in the attached project summary, the requested change would
alloy for the implementation of Low Impact Design Techniques, a reduction in Impervious area within
the project over that found in and allowed under the current R-15 plan , and a 4.5 acre increase in
olden space (over the R-15 plan), on a 9.86 acre site, all of which h will have a sustained positive impact
on the environment and help in preserving and improving water quality within the Middle Sound
area.
Issue 2.4 open Space: "There Is o st rong community d esire t preserve remaining natural areas
and to provide for the creation of additional public use areas, natural open space, green w ays,
bike paths, hiking trails, conservation arreos, and access to our waterways.""
e Policy 2. .: "'Ensure the provision and preservation of a d equate o pen space f or the
continuing enjoyment of residents, for its contribution to the community today and for
generations to come to protect our natural environment amid wildlife habitats, and to
provide educational and recreational opportunities. "
f. Implementation Strategy 2. .. : "Develop and implement a comprehensive, joint
City-County open ,space, greenwa r , and trails, master plan."
ii. Implementation Strategy 2.1.5: "Identify areas of opportunity for open space on
the Future Land Use and Land Classification Maps."'
in. Implementation .Strategy 2.1.7: "Identify as part of the environmental review
process opportunities for preservation of open space in new development
projects.'
0 Policy 2.2.4 "Identify and protect green ways as a part of a n atural areas mas ter plan and
protect these resources or mitigate their loss as part of the development process.""
i. Implemen to tion Strategy 2.2.3: ""De velop incentives for private development to
dedicate fond and or easements to provide key links in the green way system. #�
ii. Implementation Strategy 2.2.5: ""Establish gfreen ary links between adjacent
communities, "'
Policy .3: "Encourage development patterns that preserve natural areas, buffers, and
trees by developing standards for cluster development and other development types thot
allow greater design flexibility, "
i. Implementation ,Strategy 2.3.4: ""Develop awards and incentives programs to
encourage use of preservation mechanisms.'
Policy 2.5: : "Develop a greenway master plan that integrates Airlie Gardens with other
parrs, open space, and natural areas targeted in a natural areas preservation plan to
achieve the folio wing goals: provide purblic open space; protect water quality, the natural
4
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environment, and the coastal landscape, provide educational opportunities; and assure
perpetual accessibility for the comm unity."
i. Implementation Strategy 2.5.x': "Initi rte a program to connect comm with
green ways."
Applicant's Response: As outlined in the attached project summary, the requested change would
allow for the creation of additional open space well in excess of that provided by the previous plan
under the previous zoning (over 6 acres under END as opposed to approx. 1. 5 acres under -1 ,
while also exceeding the county's requirements for preservation of open space under the current -15
zoning. The proposed plan also allows for the development of a prominent and highly functional park
"Garden Park" to he constructed within the community along its frontage on diddle Sound Loop.
Furthermore, the applicant has indicated that they would be willing to contribute funding towards or
actively participate in the construction of a bile lane along Middle Sound Loop or a section of multi
use path, between the subject property and Ogden Elementary (a community feature that has been a
requested need of the Middle Sound community for over 22 gears now — See 1987 Middle .Sound
Plan).
Issue 3: Environmental Protection /Quality of Life
• Policy ,.1: "`Preserve and restore shell fishing to a// SA waters and restore the water
f
quality of all non - supporting surface waters to levels necessary to support their use
designations. "'
Policy IT **'Ensure the protection of coastal acrd federally regulated wetlands and
exceptional and substantial non - coastal wetlands that have important functional
significance through early identification in the development process. Review of
development proposals should seek to achieve the hierarchical goals of impact
avoidance, minimization, and or mitigation.'
i. irrrplementotionStrategy 3.7.2: " "Develop standards for protection of exceptional
and substontial wetlands and include them in the Conservation overlay District
ordinance to acco mplis h goals of wetland avoidance, minimization, or
mitigation. "
ii. Implementation Strategy 3.7.4: " evelop standards for low impact development
and site planning for projects in conservation, resource protection, coastal
wetlands, 404 wetlands or other sensitive areas.
• Policy 3. o: "Protect the leant r of coastal ecosystems by regur'ring the consideration in
all lard use decisions and in the development or revision of local plans, capital facilities,
services, and ordinances of cumulative and secondary impacts of kind use and
development, and the limited carr ing capacity of coastal ecosystems. ystems. ""
• Policy ,x.12: ""C control development and redevelopment activities within the
Watershed Resource Protection and Conservation areas identified on the Land
Classification Map to prevent the degradation of water quality in the creeks crud sounds
to protect the public health, and to ensure the protection of these vigil natural resources
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by reducing nutrient, pesticide, sediment, and other pollutants. The following standards
shall apply; "'
i. Impervious surface coverage shall be limited to twenty-five percent in the
Watershed Resource Protection and Conservation Areas.
ii. Projects that conform to adopted exceptional design standards for enhanced
stormwater controls may exceed 259 in the watershed Resource Protection
areas.
Natural vegetative buffers shalt be established to effectively filter runoff before
it enters surface waters.
a Implementation Strategy 3.12.1: ..: f e ise standards or exceptionally
designed residential projects to e applied to impervious surface limits.
b) Implementation .strategy 3.12.4: Develop exceptional design standards
For redevelopment projects allowing the some or greater impervious
surface coverage on the lot as exists in Conservation and watershed
Resource Protection areas.
c Implementation Strategy 3.12.5: Implement the 259 impervious surface
cover threshold for commercial and redevelopment projects once
exceptionally designed project standards have been developed.
d Implementation Strategy 3.12.8: Develop specific water quality
standards and development per orma ace standards for each watershed,
to include maximum impervious ious surface, buffers, permeable paving,
reduced parking surfaces, and others.
e Implementation Strategy 3.12.9: Updateldevelop subdivision design
standards to protect and improve water quality in sensitive areas.
• Policy 3.14: "'Encourage development away from exceptional and ,substantial wetlands,
sensitive areas and natural heritage areas by allowing greater design flexibility in cluster
development and other alternative development types. "'
i. Implementation ,Strategy 3.14.4: Adopt specific development standards to
preserve wetlands and a protective buffer.
ii. Implementation Strategy 3.14.5: Develop standards or design flexibility that will
encourage preservation of wetland areas and sensitive natural heritage areas.
iii. Implementation ,Strategy 3.14.7. Establish incentives, including transfer of
development rights, to protect high priority sensitive areas and natural heritage
areas.
• Policy 3.26: " "Ensure that all land use and development decisions protect groundwater
aquifers.'
i. Implementation .Strategy 3.26.5: promote development patterns that promote
aquifer recharge.
Applicant's Response: As outlined in the attached project summary, the requested change would
allow for the implementation of Low Impact Design Techniques, a reduction in impervious area within
the project, and an substantial increase i open space within the project, all of which will have
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positive impacts on the environment and help in preserving and improving grater quality within the
Middle Sound area. Also, all onsite storm water will be directed to vegetated s wales, i - retention
areas, and infiltration basins which will a 1 serve as natural conduits for aquifer recharge and are all
prescribed ed `Test practices" under the City and County's Low Impact Development manual. The
applicant's conceptual plan has been submitted to TRC and received Staff approval for its adherence
and applicability t the LID manual. The development plan will be submitted to the full spectrum of
LID regulations and will utilize the LID Spreadsheet tool.
Issue 5: Urban Design and Character
Flexible and fnno otive site plan criteria are needed to guide the development process
throughout the county.
0 Existing Ian use patterns and facilities for alternate methods of transportation result in
sustained dependence on the automobile.
0 Allowing higher density where adequate infrastructure exists and where natural
conditions will not be adversely affected would take pressure off areas that are more
sensitive.
• Land use plains and regulations effecting land are not systematically coordinated
between the City and County and do not always incorporate the conclusions of other
planning efforts.
0 There are no urban growth boundaries preventing the continuation of urban sprawl and
undesirable growth patterns.
There is no system to identify elements that define quality of life and determine the
impacts of the built environment on those elements.
i. Policy 5.2: " "Encourage innovative development pment strartegies while providing
flexible design guidelines that enhance the aesthetics and minimize adverse
environmental impacts of the built environment.
a Implementation ,Strategy 5.2.2: Develop ,Specific urban design standards
to emphasize the creation of public spaces.
b) Implementation Strategy 5.2.4: Provide incentive to property owners to
preserve and reclaim fey natural resources through innovative design.
c Implementation Strategy . . . Build partnerships at the community
level to educate citizens on issues ranging from law impact development
to protection of natural vegetative buffers.
ii. Policy 5-3. "'Adopt specific performance criteria- including connectivity, transit
facilities, an pedestrian and bike facilities- for new development crud
redevelopment that promote efficient transport of goods and services and
provide alternatives to the automobile"
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a Implementation Strategy 5.3.2: Assure consistency with plans for bike,
pedestrian are d other transportations facilities., and the extension of
public utilities.
b Implementation Strategy 5.3.3: Promote alternative modes of
transportation in design guidelines.
iii. Policy 5.7: " the character of the are is existing residential
neighborhoods and quality of life."
a Implementation Strategy 5.7.1: Protect existing residential
neighborhoods and integrate development and growth th with input r m
residents.
Applicant's Response: As outlined in the attached project summary, the applicant's development plan
utilizes modern development techniques, traditional neighborhood design concepts, and low impact
design tools to deliver a site plan that gives equal consideration to residential density, environmental
sustainabil ity, and the reads and wishes of the surrounding neighborhood residents. The applicant's
site offers accessibility to grater, sewer, and major transportation arteries. Furthermore, it is located
close to Wilmington and the growing Landfall retail and office subrnari et, making it a logical site for
the residential density prescribed under the EDZD ordinance. Lastly, the applicant gave adequate
consideration to the facts of the 1987 Middle Sound Plan and the community feedback it offered, and
attended and reviewed all of the feedback from the May 12 1h 2009 Middle Sound Community
Meeting, in addition to hosting three neighborhood meetings of their own (One on June 15 2009, and
then two more on February 17 and 18 2010). All community feedback was used extensively in the
development and refinement of a viable site plan which we believe adequately addresses all
neighborhood concerns.
Issue 6: Traffic
Alternative forms of transportation which could alleviate traffic fic volum ire riot given
enough emphasis.
i. Policy 6.8: " ollaborote with the NCDOT and the WMPO to encourage
alternativeforms of transportation including regional rail, local transit, bicycle
and pedestrian movement,, Transportation Demand Measures such as an-
pooling and ride sharing, and inter-modal transportation systems.
ii. Policy 6.9: "'Provide alternatives to rutomobile transportation by requiring 011
new development, redevelopment, and improvements to existing facilities to
make provisions for a comprehensive network of bicycle and pedestrian
facilities, including pedestrian causeways, bridges, and crossings on collector
,streets and mGJor arterials.'
a Implementation Strategy 6.9.5: Identify bike route and gre away
networks in the Parks, Recreation and Open Space Master plain so that
links can be provided during the development Process.
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b Implementation .Strategy 6.9.6. Initiate a connecting communities
program to provide links for bike and pedestrian connections between
adjacent communities.
Applicant's Response: As outlined in the attached proj
F ect summary, the proposed plan requests
additional units above that of the previous use (28 Trailers) and 23 more units above that which is
allowed under the current zoning Single Family Units). The current proposed units consist of
"Duplex" and "Tripes" style units w single story living. As outlined in the Traffic Impact Analysis
submitted with this application, which was performed by a licensed traffic engineer, the cumulative
traffic counts for these units resulted ire 29 AM peak hour trips and 33 PM peak hour trips as
compared to the cumulative traffic counts for the 25 Single Family units allowed under the current
zoning, which wound result in 27 Ali peals hour trips and 30 PM Peak hour trips. Furthermore, the
applicant has given consideration to the request by the neighboring residents for the installation of a
bike lane on Middle Sound Loop (see also, the MP 's 2030 plan) or a multi -use path along Middle
Sound Lapp Road, and is willing to help facilitate its construction through a monetary contribution or
will assist the county in its construction under the frame work of a development agreement. The
installation of the bike lane or multiuse path will help alleviate congestion by providing are alternate
means by which residents of the Emerald Forest Community or residents of neighboring communities
can walk or ride a bicycle with their children to Ogden Elementary rather than travel by car.
I,s,sue {: Facilities and Services
Policy .1. ""Provide timely, cost-effective, t- effective, rnd efficient capital facilities and community
infrastructure consistent with specific infrastructure plans, to suitable areas within the
urban ,services area and develop criteria for future expansion of the urban services area.""
i. Implementation Strategy 9.1.2: Develop a program for joint public /private
infrastructure investment opportunities for infrastructure expansion.
Applicant's Response: As outlined in the attached project summary, and also mentioned in the
previous response, the applicant is ready, willing, and able to work with the county to provide several
solutions to the requested needs of the community. These include the bike lane /multi -use path,
increased environmental stewardship in site design, functional park space, etc.
Issue : Storm Water
O " controlled storm water" managerrrentfrom existing and future developments
causes problems for adjacent residents.}
Policy 10. 2 : "Develop a City and County storm water management program that
balances the financial cost between existing and new development and provides
incentives for redevelopment that includes retrofits to address existing
problems
u. Policy 10.3, "Protect surface water quality by prohibiting new, and eliminating
existing collection .systems that directly discharge storm water to surface waters,
including storm water runoff from roadways."
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a) Implementation Strategy 10.3.3: Continue to seek methods to fund a nd
construct BMP's to treat direct storm water discharge.
ill. Policy 10.4. "Protect eater qu rllty by ensuring that drainage from land use
activities has rate offlow and volume characteristics as rear to prede elopment
conditions as possible."'
a) Implementation Strategy 10. 4. 1: De velop low impact development (LID)
standards that ensure that drainage from land use activities has rate of
flow and volume characteristics as near to predevelopment conditions
as possible to provide for the protection of our water quality.
b) ImplementationStrategy 10.4.2: Prepare LID standards for inclusion in
the technical standards and development codes.
Applicant's Response: As outlined in the attached project summary, and also mentioned in previous
responses. The a pplicant's plan for this redeveIopment project, integrates multiple best ma n age ment
practices and lour impact design techniques which will lessen if not eliminate the negative impact of
storm water on surrounding creeks and wetlands. All storm water is directed to vegetated sv afles,
then bio- retention ponds prior to making it to the project's infiltration basins. The entire
process /s stern encourages the natural treatment and return of storm water to the wate r table
through the LIB] filtration and infiltration process. Furthermore, onsite impervious. has been reduced,
and storm water pipes have been eliminated, having been replaced by more natural and
}
nvi ro n m entaII y sensitive vegetated svwraIes, which wiII co nvey all storm water on site. Last l ,
pervious concrete has been used for all walls and driveways.
Issue 3: Culture and Recreation Facilities
• B cisting comm unity open ,sparse, recreation, and cultural facilities are insufficient for
present are future reeds.
i. Policy 13.3: ""Develop a joint master plain for a comprehensive system of atr r rl
areas, green ways, parks, and trails throughout the City and County that meet or
exceed State level of service standards for the needs of the projected population.
a) Implementation .strategy 13.3.1: Prepare and implement o County r ide
Green ways, open Space, and Natural Areas Preservation Plan for the
establishment of a continuous Greenway .System that links
neighborhoods to community activity seaters and exceeds recreational
and open space level of service needs for both present and expected
population growth.
Applicant's Response: As outlined in the attached project summary, the proposed site plan preserves
a substantial amount of open space (approximately 1% of the entire site has been preserved as open
space), provides for the installation of a bike lane or multi use path, and creates a prominent,
functional, and accessible park feature for the community.
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2. How would the requested zone change be consistent with the proper t 's
classification on the Land Classification
Applicant's Response: The subject property is currently zoned R-15 and designed for 25 residential
units. The proposed ED D rezoning request asks that the property be rezoned as an Exceptional
Design Zoning District, subject to the proposed conceptual site plan. The proposed site plan provides
for less impervious than what was planned for under the previous R-15 plan. The proposed site plan
provides for GENEROUS s and SUBSTANTIAL increases in preserved open space (Approximately 6 Acres
Total). Furthermore, the proposed plan utilizes Low Impact Development techniques, such as bio-
retention areas, infiltration basins, vegetated swa I es for the conveyance of storm water, pervious
concrete, etc, all of which will benefit the environment and further protect neighboring water sheds
and creeks. The proposed plan has less of an impact on overall water quality than that of the
previous plan and exceeds the county's own standards for environmental stewardship, in multiple
ways. Under watershed Resource protection in the county's CAMA Land Use plan, it states "The
impact that the resources are being protected from is pollutant laden storm water runoff from
impervious surfaces within the vw►aterhl. The protection strategy for this subclass of resource
protection area focuses on minimizing new impervious surface, retrofitting protection measures to
improve water quality of runoff from existing impervious surfaces and to promote low impact best
f
management practices for development and redevelopment." The proposed plan meets all of these
objectives and thus is consistent with the property's classification on the Land Classification map.
3. What significant neighborhood changes have occurred to make the
on final zoning or how is the land involved unsuitable for
the uses Permitt under the exisfing nin
Applicant's Response: As outlined in the attached project summary, the current owners would like to
create a higher quality project than what was previous ly designed under the -1 5 zoning designation.
Due to the cost involved with the installation of the aforementioned multi-use path, the construction
of the aforementioned community park space, the creation of the aforementioned additional open
space (thus making ing lots smaller), , and the implementation of many of the aforementioned low impact
design tools, the developer is requesting that the zoni ng be changed to a EDZD district which allows
for a reasonable density bonus (Daly 4. 8 units of the allowed + units of base density per acre are
being requested with this application). The economies of scale created by these additional units will
also allow the developer of the property to invest more financial resources in the delivery of a higher
quality project, which translates into higher quality infrastructure components, a more aesthetically
pleasing low impact landscaping package along the project's frontage on Middle sound Loop as well
as within community's internal street capes, buffers, and open spaces. Furthermore, these
economies of scale will allow the applicant to deliver to the Middle Sound Community, several
Board of Commissioners Meeting
08/02/2010
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11 com unity benefits" which they have requested in the past. Also, worth noting is the fact that
sewer, water, and transportation infrastructure are available to the property, and the property i
located near shopping and area businesses making ing it a logical choice for future development. Lastly,
the proposed project offers a great o pporturnity for the redeve lopr ent of a pre iou s. outdated and
unattractive use. The END zoning allows for a more attractive traditional neighborhood design with
enhanced environmentally friendly design features. Much of the P -15 and R-20 zoning within the
Middle Sound community was put in place prior to sever and grater being available, thus mandating a
lower density zoning due to environmental issues stemming from use of septic and well for waver and
water, and the R-15 and R-20 zoning designations do not allow for the implementation of many of the
attractive, environmentally friendly, and functional development techniques used within the
proposed site plan. For all of these reasons, the END District classification in conjunction with the
proposed concept plan would be perfectly appropriate and warranted for use on this infill site.
4 . How will this change of
z on i ngserve the public inter ip
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Applicant's Response: As outlined in the attached project summary, we bel ieve the proposed project
fulfills many of the requested needs of the surrounding community while providing viable solutions to
many of their concerns. Furthermore, the proposed project provides multiple benefits to the
environment, which have been previously outlined in this application, and in our opinion constitute
great improvement over the previously proposed plan, designed under the old zoning.
The applicant has reviewed the 1987 Middle Sound Plan and as outlined in the attached project
summary, has implemented solutions to many of the requested changes in the report. Furthermore
the applicant's development consultants attended the neighborhood meeting held by planning staff
on May 12, 2009 where the future direction of the Middle Sound Community was discussed. Lastly,
the applicant hosted a Neighborhood Information meeting, specific to the proposed conceptual plan,
on February 17 and 18 1h to review tine concept Frith neighboring residents and offer therm the
opportunity to ask questions and give input.
Approximately 25 neighboring residents attended one or both Information meeting (invitations
we re sent oust to 79 neighbors livii ng in close pro unity to the project, was distributed to the county's
" ns h i ne List" via er ai1, and an article was written in the Star IIlews, giving further notice that two
meetings would be held in reference to the project). All meeting attendees were given ample
opportunity to ask good questions and were afforded the opportunity to give feedback. The primary
focus of the discussion between the applicant and the neighbors revolved around the topic of traffic
congestion in the area. The Traffic Impact Analysis had not been completed prior to the
neighborhood meetings, but the applicant assured those in attendance that the TIA would be made
available along with the application as part of the public record, in advance of the Planning Board
meeting. The TIA has now been completed and indicates that the impact on traffic in the Middle
S ou nd area as a result of the END plan w ll be r inimal, as compa red to the traffic impact of the
previous -15 plan additional AM peak hour trips and 3 additional PM peals hour trips). A
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secondary topic o f discuss was that of the precedent that would be set if an EDZD plan was approved
(there was a fear that other projects would follow suit and that high rise condos would be the result).
The applicant's position on this issue is that the EDZD zoning ordinance is site specific and each case
should be judged based on its specific merits. Furthermore the ED ZD zoning requirements would
likely preclude many sites from becoming eligible due to a variety of factors. It is the applicant's
position, that the current application and site plan should be judged based on the facts presented
therein, not on hypothetical and sometime unrealistic scenarios of what could conceivably happen in
the future on other properties. Preservation of home values within the area was another point of
concern. The applicant assured the neighbors in attendance that the hones that will be built within
the project will utilize high quality materials, be environmentally progressive in their design, will be
met with strong demand within the market, and will sustain their values for decades to cone. Lastly,
the topic of the Middle Sound Plant was brought up, as it relates to density. It was the applicants
position that the current plan and petition carries with it a great deal of the attributes long requested
in the Middle Sound plan, and that those of environmental stewardship, int r onn ctivity, quality
development, and the preservation of open space, can all be better achieved through a plan that
allows the developer to leverage density to create overall project quality.
The applicant has talon great care to design a project that meets the requested needs and
desires of the surrounding Middle Sound c ommunity, while achieving a variety of the goals and
policies outlined within New Hanover County's Policies for Growth and Development (Many of which
are outlined within the response to the first question within this application). In our opinion, the
proposed plan should be viewed as a welcome impr v ment over that provided under the previous
plan and we believe that the implementation of lower impact development methods and the addition
of "neighborhood amenities" such as a provisions for a bike lane or multi -use path, increased open
space, and a dedicated park within the community, are very much in keeping with the character and
existing fabric of the Middle Sound Area.
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New Hanover County Planning Department
Exceptional Design Zoning District Application
Project Summary and Supplement ent to Responses to Application Questions
Owner: Wilshire Management Group
Parcel ID umber: R04400-003-121-000
Parcel Address: 611 Middle Sound Loop Road
Parcel Size; 9.93 Acres
Current Zoning: -15
Requested Zoning: Exceptional Design Zoning District
Project: Middle Sound Village
Project Summary:
The attached plan and EDZD rezoning application are the result of a collaborative effort
between the property owners and an experienced team of land planners, design consultants, and real
estate development professionals, to create a sustainable and environmentally friendly community in
the Middle Sound area, that would be marketable and economically Friable in today's e conomy.
Purchased in May y of 2006, the property was previously occupied by the Countryside Trailer Park
and under the original plan, was to be redeveloped to accommodate the construction of 25 single family
homes as permitted under the county's R -15 zoning ordinance. Late 2006 through 2008 brought
significant charges to the local and national real estate market, not to mention the global economy,
which prompted the project's owners to reassess the original development concept. in early 2009,
Wilshire Management Group enlisted the services of Cape Fear Commercial, Mihaly Land Design, and
Intracoastal Engineering to assist then in formulating a revised development plan for the property. The
result of this process was a recommendation that they attempt to enhance the overall quality of the
proposed project, while attempting to appeal to a broader demographic of the local population, at a
more affordable price point.
The revised plan creates an environmentally sustainable community that will highlight a
significant increase in the preservation of open space, the addition of usable park spaces, and will
encourage and promote pedestrian inter onne tivity both inside and outside of the community's
boundaries. The new plan also utilizes Low Impact stormwater management techniques In Its design,
thus mitigating the impact of the project on its environment. on the vertical construction side of the
equation, the revised concept requires that all homes be built using industry recognized environmentally
friendly design and construction techniques.
The team originally attempted to implement a variation of this concept using the county's R -1
zoning ordinance, but later modified the application to fit within the county's Exceptional Design Zoning
District when it became available, The EDZD ordinance provides the design flexibility necessary to
encourage exceptionally designed communities. The EDZD application process required that the site
qualify under the ordinance's 6 core criteria and accumulate art least 12 points from a menu of
Exceptional Design criteria, before becoming eligible for the requested bones density.
Board of Commissioners Meeting
08/02/2010
7-8-17
By implementing environmentally friendly design techniques, including those outlined in the
few H a nover Co unt - City of Wi I mi t Low Impact Deve to pme nt G u ida nce Mar n ua 1, the proposed
plan incorporates 6.03 acres of open space and has 14.7% less impervious area than what was provided
for under the previous plan, i m p le m e nts Low Impact Stormwat r treatment mechanisms, exceeds all
requirements for e nvironmental stewardship, as outlined throughout the county's development
ordinance, and in the process provides many of the amenities and neighborhood improvements
requested by the neighbors in the 1986 Middle Sound Study as well as the Middle Sound Community
"'Wish List" Survey administered by the county's planning staff on May r 1 , 2009.
The Proposed Plan Includes:
I. A proposed change in zoning, which would convert the applicable zoning from R -15 to an
Exceptional Design Zoning District ED D and allow for a base density of six (6) units per acre.
However, the applicant is only requesting forty eight 4) units or 4. units per acre.
a. As specified in section 53.6 - of the Ordinance, the applicant acknowledges
that tithe Exceptional Design District Certification must be assured during the
first phase of development or prior to completion of more than 24 units,
whichever comes first."
h. By rezoning the property, the applicant will be able to take advantage of some of the
economies of scale created by additional density to achieve the following goals of the
project:
i. Allow for the development and construction of residential units at a
competitive price point within the current market.
ii. Allover for the i m ple m e ntation of low impact exceptional design techniques,
which will create more open space, lessen the amount of impervious area found
on the site, and improve ensue storm water treatment, as prescribed in the
county's LID manual.
Iii. The resulting community will be nvironm ntally sustainable and will promote
environmentally conscience living.
iv. Allow for the preservation and construction of "Garden Park" along the project's
frontage on Middle Sound Loop, which will be used by all community residents.
1. This Community Supported Gardening (CSG) initiative will ultimately
grow Middle Sound village Garden Center into a dynamic agricultural
demonstration celebrating regional agriculture and serving as a nexus
for the community. The garden will be operated and managed under
the community's non - profit PoA.
2. We believe that there are great opportunities to work with Ogden
Elementary and the Middle Sound Community to create agricultural
programs that will facilitate its integration into the lives of local
residents of all ages.
v. Provide up to $15,000 in funding for the installation of a bike lane or Multi -Ds
Path from the project's entrance to Ogden Elementary School,
vi, Through LID, the site will emulate the site's pre - development natural drainage
qualities.
vii. Allow for the continuation of a n enhanced "green devl o prnent" there during
future vertical construction phases. (The team has enlisted the services of a
local authority on sustainable Architecture, Ron W1 Ison of Cape Fear Community
2
Board of Commissioners Meeting
08/02/2010
7-8-18
College, to assist them in the design of the homes to be constructed within the
err rnunity)
.. Existing Environmental., Cultural, Historical, and Natural Site Attributes
a. The applicant is not aware of any existing conditions that would be adversely affected,
should the proposed plan be implemented. The applicant has referenced the Middle
Sound Plan, the NC Natural Heritage Program Map, and has discussed the site with a
licensed Environmental Engineer. All wetlands and existing trees found on the site have
been shown on the applicant's site plan. The applicant avoided any impacts to the
wetlands found on site and has avoided, as much as possible, impacting the existing
trees on site. The applicant will have the ability to further mitigate the impact of the
project on existing trees during the final design and construction process.
3. open Space
a. Total Currently Proposed open Space: 6.03 Acres ( of the entire site is preserved as
Open Space)
b. The Proposed Concept Plan provides for a 4.48 Acre increase in open space over the old
R -1S plan
4. Impervious
a. Under the current R-15 zoning designation, the site is permitted for 169,699 SF of
Impervious, under the ED D designation the concept plan calls for 144,619 SF of
Impervious (an approximate 14.7% reduction in impervious)
b. In addition to a decrease in impervious area, the EDZD regulations require the storm
water system be designed under the county's LID manual, which will provide a
significant amount of additional treatment to site storm water, over and above the
treatment qualities found within the B -15 plan.
5. The Proposed Plan Includes the Following Low Impact Development Techniques
a. Narrower streets resulting in less impervious area.
b. Rioswales, planted with native landscape varieties, thus increasing natural filtration of
storm wate r as it infiltrates into the water table, while serving as a natural source of
water for the native plantings.
c. Biortention areas for additional storm water retention, treatment, and aquifer
recharge.
d. Infiltration Basins, which will also encourage the natural filtration and return o storm
water to the underlying water table, reducing the amount of untreat storm water
being discharged through the drainage basin.
e. Sidewalks, s, driveways, and parking areas to be paved with pervious concrete.
f. A low maintenance landscape plan will be ar requirement of the project concept, thus
reducing the consumption of water for irrigation.
g. Integration of existing trees into the development plan.
h. Plans to encourage green building and sustainable site design features for all future
homes, to include a requirement that at least one hone be certified through LEED,
NAHB Green Building Standards, or NC Healthy Homes and that 90% of the homes meet
Energy Star criteria.
6. Middle Sound Plan and Community Needs: The Proposed Plan Includes the lowing
Requested ""Community Features ", which were outlined in the 1987 Middle Sound Plan and re-
visited at the May 1 , 2009 Community Meeting.
a. of the residents surveyed in conjunction w the 1987 plan identified trailer parts as
a point of concern.
3
Board of Commissioners Meeting
08/02/2010
7-8-19
i. The applicant's plan provides for the environmentally friendly and responsible
re- development of an old trailer pars.
i. There were 28 Trailers on the site when it was purchased by the current owners.
The Trailers have since been removed, but the septic tanks, pads, severer
connections, roads, etc are still in place and to a great extent, can be salvaged
(with the exception of the septic tanks which will be removed).
b. 7 of residents surveyed in Conjunction the 1987 plan identified Water Quality
issues as a major concern and in the May 12 "Wish List" survey conducted by the
county, 13 responses dealt with neighboring resident's concerns about water quality
issues.
L As mentioned above, the applicant's plan provides for a 14.7% decrease in
impervious surfaces, and a significant increase in open space, while also
demonstrating the successful use of LID techniques to further soften the
environmental impact of the project. Furthermore, conceptual storm grater
features include perm e le pave me nt and the use of Bioswales for stormwater
conveyance to various decentralized Bioretention areas. These Blorention areas
when overflowing are routed again through Bloswaies to infiltration basins
which will meet all county pre -post as well as NCDENER regulations. The project
w ill conform to the LID parameters, as outlined in the county's LID manual.
. 1 of residents surveyed In conjunction w the 1987 plan cited "Inadequate Park
Facilities" as a problem with the M L Community.
i. In addition to exceeding all existing requirements for the preservation of open
space, the applicant's plan provides for the development of a prominent and
highly functional "Garden Park", ", to be constructed within the community. This
park space will be accessible to residents of the diddle Sound Village
community as well as the existing residents of the Middle Sound Area.
d. A Major concern voiced by residents in the 1987 survey and reiterated in the May 12 rn
survey, was that of traffic congestion.
i. The currently proposed plan will generate only two ) additional Aft Peak Hour
Trips and three (B) additional PSI Peals Hour taps as co rnpared with the plan
which was proposed and could be built "`by right" under the existing R-3-5 zoning
classification. The applicant achieved these results by modifying the use to a
town home style prod u t from the more traffic intensive single fa rnily use, whi h
was proposed under the original plan. A copy of the TIA, prepared by Ramey
Kemp & Associates, a licensed and reputable traffic engineering firm out of
Raleigh, NC, has been included with the application package. The report is
signed and sealed by William J. Hamilton, P.E., PTOE and was based on traffic
counts performed in the field and trip generation calculations from the latest
edition of the iTE Trip Generation Manual.
ii. Page 36 of the 1987 plan references comments from neighbors requesting
"added bike lanes or pedestrian paths" to combat traffic congestion.
iii. Page 42 of the 1987 plan references lack of "bicycle /pedestrian access" as a
problem that needs to be addressed.
iv. Page 43 of the 1987 plan proposes the "establishment of bike /pedestrian paths
on I1 SL " to combat traffic congestion.
. Since 1987, no bike or pedestrian paths have been installed on Middle Sound
Loop.
Board of Commissioners Meeting
08/02/2010
7 -8 -20
4
Sri. In the May 12' survey, 7 0 people out of the estimated 8 survey responders,
listed bile paths, sidewalks, int r onn tivity, and/or multi -use paths on middle
Sound Loop as one of th t h r e e wishes.
vii. The applicant's plan would allow for the addition of a bile lane (as identified on
the MP 's 2030 plan) or a section of multi -use path to be installed along the
project's frontage on Middle Sound Loop. The applicant is willing to contribute
up to $15,,000 towards the construction of this path lane from the subject
property to Ogden Elementary School. (The applicant will work with the MP
and the County to determine how to best fulfill the need for a pedestrian and/or
bicycle connection along Middle Sound Loop and will act in good faith to ensure
that the connection is constructed as quickly as possible. The applicant will
work with staff to put a bond, a LO C., or the actual $15,000 deposit in place prior
to the first CO being issued on the first home within the community. The
applicant's only condition, will be that these funds be used to construct the
connection between the project and the school and that these funds not be
held by the county indefinitely with no construction of the path taking place.
That end, the applicant is willing to consider entering into a development
agreement with the county under which the connection could be constructed by
the applicant, provided that the $15,00o Uappli ant contribution's would still
apply and that cost in excess of the $15,000 would be reimbursed birth
county).
Board of Commissioners Meeting
08/02/2010
7 -8 -21
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7 -8 -22
COMMUNITY MEETING DOCUMENTATION
Board of Commissioners Meeting
08/02/2010
7 -8 -23
WILSHIRE MA A EME TCROUPLL
Po Box 3366
Wilmington, NC 28406
NOTICE OF NEIGHBORHOOD I F MATI ON MEETING
CONCERNING:
MIDDLE SOUND VILLAGE
611 Middle Sound Loop Road
As a neighbor of the Middle Sound Village property located at 611 Middle Sound Loop Road, you are
hereby invited by. the property owners t o attend one of two Neighborhood Information Meetings to be
held n:
Wednesday, February 17, 20010
4:00.5:30 P.M.
And
Thursday, February 18, 2010
6:30 P.M.
To Be Held At.
Cape Fear Commercial's Office
1051 Military Cutoff Road, Suite 200
Wilmington, NC
Wilshire Management Group is seeking approval from New Hanover County of an Exceptional Design
Zoning District (EDZD) for the property located at 611 middle Sound Loop Road. The application
includes a reprised site layout and seeps to rezone approximately 9.93 acres of vacant land from R-15 to
EDD.
You will have an opportunity to discuss the plans with representatives from Wilshire Management
Group and Cape Fear Commercial Wilshire KAana em nt`s planning and development consultant).
Please direct your questions to:
Mike Brow
(910) 344 -1010
mike@capefearcommerc'lal.com
Cape Fear Commercial
1051 Military Cutoff toad
Wilmington,. NC 28405
Board of Commissioners Meeting
08/02/2010
7 -8 -24
J T CHADWICK J T GERTRUDE C CHADWICK WILSHIRE MANAGEMENT GROUP LL
712 MIDDLE SOUND LOOP RD 712 MIDDLE SOUND LOOP FAD 611 MIDDLE SOUND LOOP RD f1 H PAIN
WILMINGTON, NC 28411 WILMINGTON, NC 28411 WILMINGTON, NC 28411
BETH SHIRLEY DANIEL MARK OLDEN STEPHEN C IN ID D JAFFE WILLIAM J L IS THIS DEAD
230 VII BEDFORD IUD DWELLING 4515 117 S BRANCH H IUD 705 MIDDLE SOUND LOOP RD
WILMINGTON, NC 28411 WILMINGTON, NC 28411 WILMINGTON, NC 28411
MELISSA L FRANK I 1 JONES JEFFREY L KATHLEEN S GOULD JAMES M KAYE D LAMB
7200 OYSTER LN 412 HEATON PL 7104 OYSTER LN
WILMINGTON, NC 28411 -7182 WILMINGTON, NC 28411 -7188 WILMINGTON, N 28411 -7140
JOHN LEE MARY ELLEN BAILEY DAVID G REBECCA S HUMPHf EY ROBERT T W LORI A MCGOWAN
7100 OYSTER LN 7100 HAVEN WAY 7102 HAVEN WAY
WILMINGTON, NC 28411-7140 WILMINGTON, N, N 28411-7141 WILMINGTON, NC 28411-7141
ROBERT IVY KUNHAI DT JR JOSEPH C GI IELLI BRIAN D LISA A HICKINGBOTTOM
7104 HAV WAY 7 HAVEN WAY 7101 HAVEN WAY
WILMINGTON, NC 28411-7141 WILMINGTON, NC 28411 -7141 WILMINGTON, NC 28411 -7141
EDNA H JAVIER F MORY JEANNE S KDBALA PATRICIA A NLAN
7105 HAVEN WAY 7117 HAVEN WAY 7121 HAVEN WAY
WILMINGTON, NC 28411 -7141 111IIL11 111GT N, NC 28411-7141 WILMINGTON, NC 28411 -7141
DIANA R NICHOLAS A CAPUTO MIROSALAV B NITA MAVRA DONALD WAYNE SMITH
7109 HAVEN WAY 7122 HAVEN WAY 7118 HAVEN WAY
WILMINGTON, NC 28411 -7141 WILMINGTON, NC 28411-7141 WILMINGTON, NC 28411-7141
HARRY LEE BRENDA M G SHEPHERD ROGER J VIRGINIA E SALA BOBBY LANE BETH LLOYD WEST
7114 HAVEN WAY 7201 HAVEN WAY 7208 HAVEN WAY
WILMINGTON, NC 28411 -7141 WILMINGTON, NC 28411 -7142 WILMINGTON, NC 28411 -7142
F AID LPH RICHARD HA1 D MAFIA FITZ CASEY K DONNA 0 BEY ALFREDO EL BIETA VIEJ BUEN
7205 HAVEN WAY 7204 HAVEN WAY 7200 HAVEN WAY
WILMINGTON, NC 28411-7142 WILMINGTON, NC 28411 -7142 WILMINGTON, NC 28411 -7142
DAVID EDWARD LEHMAN TROY KIMBERLY PEVEI ALL JOHN B CYNTHIA L SCHAEFER
7211 HAVEN WAY 7213 HAVEN WAY 7215 HAVEN WAY
WILMINGTON, NC 28411.7142 WILMINGTON, NC 28411 -7142 WILMINGTON, NC 28411- 7142
Board of Commissioners Meeting
08/02/2010
7 -8 -25
MICHAEL L LISA L B AT I
7217 HAVEN WAY
WILMINGTON, NC 28411 -7142
CHRISTOPHER S LAFI H PAINTED
7229 HAVEN WAY
WILMINGTON, N 28411 -7142
JOHN JENKINS SR CSI HIJA XIA
7221 HAVEN WAY 7225 HAVEN WAY
WILMINGTON, NC 28411-7142 WI LIir"I I N T N, NC 28411-7142
WILLIAM F H LTBEI G CHRISTINA KEVIN PARKER MURPHY
7233 HAVEN WAY 7237 HAVEN WAY
WILMINGTON, NC 28411-7142 WILMINGTON, NC 28411-7142
MARSHALL JOSEPHINE TOCCI ROCCO CHRISTINE VILLAF I TIMOTHY W ANGELA B DAVIS
7288 HAVEN WAY 7232 HAVEN WAY 7228 HAVEN WAY
WILMINGTON, INGT N, N 28411 -7142 WILMINGTON, NC 11 -7142 WILMINGTON, NC 28411-7142
FRANK ROBERT T ERIN CHRISTINE JOY, JON BI ENT GEORGINA C TUTTLE MARTA J BAILEY
7224 HAVEN WAY 7220 HAVEN WAY 7208 HAVEN WAY
WILMINGTON, NC 28411 -7142 WILMINGTON, NC 28411 -7142 WILMINGTON, NC 28411 -7142
DAVID A N V TNY TIMOTHY D CYNTHIA K WILLIAMS DUSTIN J BONNIE I I BI AUDI A
504 SILVER DING CT 503 SILVER RING CT 501 SILVER RING CT
WILMINGTON, NC 28411 --7145 WILMINGTON, N 28411-7145 WILMINGTON, NC 28411 -7145
ROBERT T J BI ENNAN
AMANDA IRWIN
JONATHAN R GILLELAND
502 SILVER RING CT
502 EMERSON PT
500 EMERSON N PT
WILMINGTON, NC 2841 1 -71 45
WILMINGTON, NC 28411 -7152
WILMINGTON, NIC 28411 -7152
KERMIT LEAFY LAYT N III
MICHAEL HAEL VIA ROGERS
ROBERT DONNA HI D N
501 EMERSON PT
508 EMERSON PT
504 HAVEN PT
WILMINGTON, NC 28411-7152
WILMINGTON, NC 28411-7152
WILMINGTON, NC 28411-7157
MATTHEW L H BEI TY
JEFFREYS JEFFREY KAREN EN E LOVELESS
CHARLES JOHNSON J1
508 HAVEN PT
7411 HAVEN WAY
7412 H AVEN WAY
WILMINGTON, NC 28411-7157
WILMINGTON, NC 28411 -7158
WILMINGTON, NC 28411 -7158
DAVID APRIL WILLIAMS ON
JAMES A SANDRA I B RGMAN
JULIA 11 UNGUTA
7410 HAVEN WAY `
7408 HAVEN WAY
7408 HAVEN WAY
WILMINGTON, NC 28411 -7158
WILMINGTON, NC 28411 -7158
WILMINGTON, NC 28411 -7158
JOHN PREGISTER
MICHAEL JENNIFER T1 AVA LIA
ROBERT EMILY BULLOCK
7404 HAVEN WAY
7405 HAVEN WAY
7407 HAVEN WAY
WILMINGTON, NG 28411-7158
WILMINGTON, NC 28411-7158
WILMINGTON, NC 28411-7158
Board of Commissioners Meeting
08/02/2010
7 -8 -26
MARIA GERARD KAM KIMBERLY I ILL N HUGH JAMES GILLEECE III
7499 HAVEN WAY 226 W BEDFORD RD
WILMINGTON, NC 28411-7158 WILMINGTON, NC 28411-9520
,JACOB PETER SHREDER
234 W BEDFORD RD
WILMINGTON, NC 28411 -9520
LAWRENCE T JOYCE A PHELPS
1 S BRANCH RD
WILMINGTON, NC 28411-9524
RUDY CATHERINE SHEPARD
113 S BRANCH RIB
WILMINGTON, NC 28411 -9524
THRIE BLASE
628 MIDDLE SOUND LOOP RD
WILMINGTON, NC 28411 -9549
MARTHA HARDISN LIFE ESTATE
616 MIDDLE SOUND LOOP RD
WILMINGTON, NC 28411 -9549
JEFF LAURA HERY
700 MIDDLE SOUND LOOP RD
WILMINGTON, NC 28411-9551
LEON A BETTY J PADRIK
713 MIDDLE SOUND LOOP RD
WILMINGTON, NC 28411 -9552
CARMINE MARY D BRUN
101 S BRANCH RD
WILMINGTON, NC 28411 -9524
HARRIET S CARR LL
624 MIDDLE SOUND LOOP RD
WILMINGTON, NC 28411 --9549
WAN DA LONG lIE I SS
612 MIDDLE SOUND LOOP RD
WILMINGTON, N 8411 --9549
SHELTN R FAYE G TATE
719 MIDDLE SOUND LOOP RD
WILMINGTON, NC 28411-9552
HUGH J GILLEECE
222 W BEDFORD RD
WILMINGTON, NC 28411 -9529
CATHERINE D MANUEL
109 S BRANCH RD
WILMINGTON, NC 28411 -9524
STEVEN H MEREDITH EVERHART JR
528 MIDDLE SOUND LOOP RD
WILMINGTON, NC 28411 -9547
E RBI EST JAMES BYRD
620 MIDDLE SOUND LOOP RD
WILMINGTON, NC 28411 --9549
CHARLENE W DENNIS V MCFAYDEN
608 MIDDLE SOUND LOOP RD
WILMINGTON, NC 2841 1 -9549
REBECCA R CHARLES
701 MIDDLE SOUND LOOP RD
WILMINGTON, NC 28411 -9552
Board of Commissioners Meeting
08/02/2010
7 -8 -27
Mike rover n
From: Mike Brown
Sent: Monday, February 15, 2010 1:52 PM
Subject: Sunshine List
Attachments: Neighborhood Meeting Notice (2.8.1 ).dock
As required by the N e w Hanover County Zoning Ordinance, we wish to inform You= as an individua I Iist d o n the county's
"Sunshine List ", of two neighborhood meetings to be held on February 17 Ih & 18 th in connection with the proposed
Exception al Design Zoning [district application for the property located at 611 M iddle Sound Loop Road. Please see the
attached notice and forward any questions to ray attention.
Thant
Mike Brown
Director of Development Services
Cape Fear Commercial, LLC
1051 Military Cutoff Road, Suite 200
Wilmington, NC 28405
910.344.1000 (main)
910.344.1010 (direct)
910.844.1030 ax
mike@c
www.capefearcommerciad.com
V iew O.r Lister
Per IBC Real Estate Lair, we ask you to preview " WorkiLig with Real . tar Agents ", r if this is lease transaction, ' V rk wilh Teal„ Sstale stale Agent
LL. ease e 'ra acuoa " After you have reviewed the applicable publication, please schedule a meeting with us to discuss the contents of the
publication.
Board of Commissioners Meeting
08/02/2010
7 -8 -28
PLANNING SUNSHINE LIST
Alpha Ward Bums
Amold Carson
Bill Raney
Brian. Eckel
Brian Berger
Coder Cress
Wright
Donna Girardot
Doug Springer
Edmund "Beau" McCa fra
Elizabeth Johnston
Eric Peterson
Gareth McGrath
Hank Adams
James Taylor
Jerry Pant
Jewell gobs
John Evans
Kathleen Ri
Ken Sh n lin
.c 1019 @aol.cor,
Melanie Cook
Mike Hoffer
Mir. Still
Bob Farr
Teresa Jaynes
Tomas Johnson
Torn. R
Tracer Slrabal
Travis Barnes
T yler Newman
Bill Cameron
al pha - w ardbu rns @coldwellbaii er.com
acarson@awgpls.com
w araney @belIso th.net
brian@cUefearcommercial.com
brianberger56@v
cod
dwricyht5@doc.
doiina
d sPringcr@cfrw.us
Mccaffrave@ be'lIsouth.net
et i an @'bell sout net
e eterson@nhegov.com
Ar,i reth.mcgrath@stamewsonline.co m
haiilc.adams @coldwellbanker .com
i
to rye ns
e rry @ wrar. com
e
insi ht u i Iders @ amaj.1.coM
l i'ie1@ wrar.coni
b a nk- l aw @ arthl i nk , i i et
mP 1o1 @ ao 1.com
Me,lanie @ coastal ca rol iiiatom or row.com
mi e @ sno rscutmon l . coi n
sti.fl
MaiT@ec.rr.com
teresa` @ v s ion air. com
t oh nson @ ne .sen ruet.com
tomradewzc cc. rr.co .
tract's @n.ccoat.o�'
tbarnes @ to n n.avas s or
tyler@witnihba.com
wcam270 @aol.coni
Board of Commissioners Meeting
08/02/2010
7 -8 -29
Middle Bound Village Neighborhood Meeting Sign In Sheet
February 1S, 20.0
N ame Property . Address Comments
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Board of Commissioners Meeting
08/02/2010
7 -8 -30
Middle Sound Village Neighborhood Meeting Sign In Sheet
Februar 17,20
Name Proper! Proper!i Address Comments
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Board of Commissioners Meeting
08/02/2010
7 -8 -31
4r
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MSV- Neigh b rh oo d Meeting Attendees
John Schaler
7215 Haven Way
2 Steve Everhart Jr.
528 diddle Sound Loop Rd.
3 Joseph c. Gioielli
7100 Haven Way
Pamela Payton -Parr
0700 Falcon Point Rd
S lame and Kay fruit
6500 Chesapeake Ct.
5 Dennis and Charlene M Fayden
610 Middle Sound Loop Rd.
7 Lars Nystrom
3417 Wh i msy
Violet Hearing
5709 Falcon Point Rd.
Jaffe
102 Smith Branch Rd
10 Xert Layton
501 Emerson Point
11 Caroline and Ralph Baldwin
2519 Middle Sound Loop Rd.
12 Morgan
25E Bedford Rd
13 Edmund McCaffray
7312 Dunbar Rd
14 Fay Bruton
7404 Anaca Point Rd
15 Arnold Carson
6607 Red C R d.
15 Meredith Everhart
528 Middle Sound Loop Rd.
1" Bob Page
6706 f=alcon Point Rd
18 Bob Mayo
.6 308 Timber Creep Lane
19 Isabel Becl e
6712 Carmel
20 Leon Padrick
713 Middle Sound Loop Rd
21 Frank Jones
7200 Oyster Lane
22 John angem-i
3000 Sunny Branch Dr.
Board of Commissioners Meeting
08/02/2010
7 -8 -32
I
7--.8 - 3.3'
TRAFFIC IMPACT ANALYSIS
Board of Commissioners Meeting
08/02/2010
7 -8 -34
t AMY K
ASSOCIATES
T RANSPORTATION EN
RAMEY F P ASSOCIATES, INC.
. . 5808 Fari gdon Pl ace, Suite 100
R aleigh, NC 27009
Phone - 919-872-51 5 Fax - 919- 878 -5416
www.rameykemp.co
March l , 2010
M r. Mi Brown
C ape Fear Commercial
1 51 Military Cutoff Road, Suite 200
Wilmington, North Carolina 28405
Dear Mr. Brown:
This letter summarizes the findings of a Traffic Assessment [TA] prepared by Ramey Kemp & Associates Inc,
[RKA] for the proposed Middle Sound village residential development, located along Middle Sound Loo
Road in Wilmingto North Carolina. Based on a review of the site plan and our discussions it is our
understanding that the development will consist of a maximum of 48 residential townhomes and access will he
provided via an existing full - movement driveway. Refer to Figure i� A p ndix B for a copy of the
Preliminary site Plan.
i tin X010 Conditions
The intersection } of Middle Sound Loop Road and the existing property driveway was identifted as the ke
location to consider in the study. Refer to Figure 2 in Appendix for the site location map
Ogden Elementary School is located in the vicinity of the proposed development. Thus RKA. conducted
w eekday AM peak period [7:00 AM to :00 .M] and weekday school PM peak en*o 2:00 PM to :00 PI I
to i g movement counts at the study intersection. A copy of the ray traffic count is provided in Appendix A.
Refer to Appendix B, Figure 3 , for illustrations of the existing lane configurations and existing ea hour traffic
volumes at the study intersection.
Background 2012 Traffic Conditions
Background peals hour traffic volumes w ere determined by projecting the existing volumes to the assumed
b uild-out year of 2012 by applying a % annually compounded growth rate,
Trip Generation and Distribution
�I�PPIiIiPI /I'YN�PPlililililililil PIIIWYW�PIiIiI�YY�
Trip generation for the proposed site was based on the latest edition of the ITE Trip Generation Manual. A
summary of the anticipated trip generation for the site i8 Provided in Table 1.
06/02/20
7 -8 -35
Middle Sound Villag — Wilm g, North Carolina g 2 `3
Land Use'
(I'TE Code)
Residential
Condominiutn/Tnwnhoine
(230)
Table 1
Site Trip Generation
AVer AM Peak Hour Trips
Densify Daily Traffic (vph)
(vpd)..
Enter Exit
4$ units 1 340 1 5 1 24
PM Peak Hour Trips
(vph)
Enter Exit
22 lI
It should be noted - that the development of twenty -five 2 single- family dwelling units is currently allowed on
the subject property. Based on the latest edition of the ITE Trip Generation Manual, a, total of twenty-seven
( AM peak hour trips and a total of thirty 3 M peak hour trips wo e' expected to b generated by
twenty - five s dwelling umts. Thus, as shown in the table, the p roposed development I
expected to generate only tiro add itional trips during the AM peak hour and three (3) additional trips during
the PM peak h our.
Based on a review of th existing traffic patters, it is anticipated that approximately 0 o f the sit traffic will
travel to /from the west along Middle Sound Loop Road and 10 of the sit traffic will travel to /from th east
along Middle Sound Loop Road, Figure 3 in Appendix B provides an illustration of the site trip distribution and
assignment at the study intersections
Combined 2012 Traffic Conditions
Combined peak hour traffic volumes at the site driveway intersection were determined by adding the
background peak hour traffic volumes to the site generated traffic volumes. The combined peak hour volumes
are illustrated on Figure 3 in Appendix B.
Capacity A na l y ses
Peak hour capacity analyses were conducted at the study intersection for combined traffic conditions. The
intersection was analyzed with existing lane configurations utilizing Sync ro version . Refer to Fable 2 for a
b reakdown oft the analysis results. Copies oft the S ynchro analysis reports are provided in Appendix C.
Board of Commissioners Meeting ASSOCIAT
08/02/2010
7 -8 -36
Middle Sound Village — Wilmington, North Carolina a
Fable 2
As shown in Table 2, the southbound approach of the Site D is expe cted to op erate at LOS B duri
AM peak hour and LOS A during the P M peak hour under combined 201 conditions with the p ro p os e d
development built out. No LOS is reported for the left turn movement on Middle Sound Loop Road since
�. an a there
i left turn lane. Queuing is not expected to e problematic on the Site D riveway or for the left
turn movement om Middle Sound Loop Road into the site.
Conclusions
Based on the results of this assessment, it is anticipated that the proposed develop ill. not have ire
significant negative impact upon traffic c operations in the study area. Due to the lour trip generation t
l� site to p Potential o
the n volumes do not warrant installation o turn lanes o Middle Sound Loop Road at the Site
D ri v eway.
If you should have any questions or comments regarding this traffic assessment, please feel free to contact me at
(919) 872 -5115.
Sincerely,
Rame Kemp and Associates, ine,
W. J ason Ha milton, P., ., PT
Attachments
0
C A
KCAL
32396
4 1 N S o
*•
MWIM
A- RAMEY KEMP
Board of Commissioners Meeting I T
08/02/2010
7 -8 -37
1, Level of service foi• m i llior- street approach
TECHNICAL, APP NDIX
Board of Commissioners Meeting
08/02/2010
7 -8 -38
APPENDIX A
TRAFFIC COUNT DATA
Board of Commissioners Meeting
08/02/2010
7 -8 -39
g {
R A E_Y KEMP
ASSOCIATES
Ramey Kemp & Associates, Inc,
5808 Faringdon Place, S uite 200
Raleigh, NC 27909
PH: (9
F: (919)878 -5416
File Name : Middl Sound @Trailer
Site Code : 00021710
Start Date ; 2/17/201
Page No : 1
08:00 AM
Trailer Park Driveway
0
Middle Sound Loop Road
0
0
NIA
0
08:15 AM
Middle Sound Loop Road
0
0
Southbound
0
57
Westbound
00:30 AM
0
Nort hbound
---
0
0
Eastbound
55
tart Time
Loft [: E
Right
Trks
Left
Thru Right Trks
Left
Thru
Right
Trks
Left
Thru Right
Trks
07:00 AM
0
0 0
0
0
70 0
0
0
0
0
0
0
a 0
0
07:15 AM
0
0 0
0
0
119 0
0
0
0
0
0
0
13 0
0
07:30 AM
0
0 0
0
0
133 0
4
0
0
0
0
0
43 0
0
07 :45 AM
0
0 0
v
0
89 0
4
0
0
0
0
0
1 7 0
0
Total
0
0 0
0
a
411 0
2
0
� 0 ----
-� 0
0
,.. a
�8Y,.�. 0
— _ 0
08:00 AM
0
0
0
0
0
73
0
08:15 AM
0
0
0
0
0
57
0 0
00:30 AM
0
0
0
0
0
55
1 2
08:45 AM
0
0
0
0
0
35
0 0
Tatar
0
0
0
0
0
220
1 4
* &&
0 0 0 0
0 2
0 0
0 28
0 2
0 20
0 0
0 15
0 0
0 84
0 2
Exclu.
Inclu.
Int.
Total
1 otal
Total
0
75
7 5
0
132
'132
1
146
147
1
105
107
2
459
461
2
94
9 6
2
85
87
2
76
78
0
0
50
6 305 311
02:00 PM
0
0
0
0
0
31
0
0
0
0
0
0
0
2 4
0
0
0
55
5
02:15 FM
0
0
0
0
0
31
0
0
0
0
0
0
0
29
0
0
0
60
60
02:30 PM
0
0
0
0
0
32
0
2
0
0
0
0
0
32
0
0
2
64
0
02:45 Pali
0
0
0
0
0
3 4
0
0
0
0
0
0
0
35
0
0
0
619
6 9
Total
0
0
0
0
0
128
0
2
0
0
0
0
0
120
0
0
2
248
250
03 :00 PM
0
0
0
0
0
35
0
1
0
0
0
0
0
36
0
1
2
71
73
WAS PM
0
0
0
0
0
38
0
0
0
0
0
0
0
43
0
0
0
81
81
03:30 PM
0
0
0
0
0
23
0
0
0
0
0
0
0
23
0
1
1
46
47
03:45 PM
0
0
0
0
0
33
0
0
0
0
0
0
0
48
0
4
0
81,
e. i
Toni
0
0
0
0
0
129
0
1
0
0
0
0
0
150
0
2
3
270
282
44:00 PM
0
0
0
0
0
35
0
0
0
0
0
0
0
51
0
0
0
05
as
04:1 PM
0
0
0
0
0
50
0
0
0
0
0
0
0'
59
0
0
0
115
1 16
04:30 PM
0
0
0
0
0
48
0
0
0
0
0
0
0
64
0
0
0
1 12
1 12
04:45 PM
0
0
0
0
0
39
0
0
0
0
0
0
0
72
0
0
0
ill
ill
Total
0
0
0
0
0
178
0
0
0
0
0
0
0
246
0
0
0
42
424
05:00 PM
0
0
0
0
0
25
0
0
0
0
0
8
0
fit
0
0
0
86
88
05:15 PM
0
0
0
0
0
31
0
0
0
0
0
0
0
45
0
1
1
76
77
05:30 PM
0
0
0
0
0
31
0
0
0
0
0
0
0
44
0
0
0
95
as
05:45 PM
0
0
0
0
1
38
0
1
0
0
0
0
0
59
0
0
1
98
9
Total
0
0
0
0 I
1
125
0
1
0
0
0
0
0
229
0
1
2
355
357
Grand Total
0
0
0
0
1
1191
1
10
0
0
0
0
0
677
0
5
15
2070
2085
Apprch %
0
0
0
0.1
98.8
0.1
0
0
0
0
100
0
Total a
0
0
0
0
57.5
0
0
0
0
0
42A
0
0.7
99.3
0 0 0
0 0 0
0 0 0 0
0 0 0 0
Board of Commissioners Meeting
08/02/2010
7 -8 -40
ORRAMEY KEMP
ASSOCIATES
Farr Kemp & Associates, Inc*
5808 Faringdon Place Sufte 200
R aleigh, NC 27909
PH: 1 9)872 -511
F : (919) 878-541 6
File is : MiISI @Trailer
Site Code : 00021710
Start Date : 2/17/201
Page No 2
mile r nvewa
out Ire Total
0
01 0
Pj
R* lit Thru left
v H t
� �J
J
C
F
_0 E
Peak Hour Data
T
1lorth
Peak Hour Begins at 07;18 A
A l-ve Iles
O
0
n
' W '
o 0
CO Er
—
I
Lett Thru Ri M
01 0 of
0
ota In Total
NIA
Board of Commissioners Meeting
08/02/2010
7 -8 -41
Trailer Park Driveway
Middle Sound Loop Road
NIA
Diddle Sound Loop Road
Southbound
Wastbound
Northbound
Eastbound
Start Time
Left Thru Right
Left
Thru
Right
Lett
ThCtr
fight
App-
Left
Thru
Right
1�t. Total
To
TOW
To a1
Total
Peak Hour Analysis From 07:00 Ali to 1 1:45 AM - Peak I of I
Peak Flour for Entire Intersection Begins at 07 :15 AM
07:15 A M 0 0 0
0
0
119
0
110
0
0
0
0
0
13
0
1
07:30 Alai 0 ❑ 0
0
0
133
0
133
0
0
0
0
0
13
0
146
07.45 AM 0 0 0
0
0
80
0
89
0
0
0
0
0
1 7
0
17
106
48:00 AM 0 0 0
0
0
73
0
73
0
0
0
0
0
21
0
21
94
Total Volume
0 0 0
0
0
414
0
414
0
0
0
0
0
84
0
64
478
% A pp. Tota l
0 0 0
0
1 DO
0
0
0
0
0
100
0
PWF
.DUO ...H .0 .000
.004
.000
.778
.000
.778
.000
.ODD
.000
.000
.GOD
.762
.000
.762
.818
mile r nvewa
out Ire Total
0
01 0
Pj
R* lit Thru left
v H t
� �J
J
C
F
_0 E
Peak Hour Data
T
1lorth
Peak Hour Begins at 07;18 A
A l-ve Iles
O
0
n
' W '
o 0
CO Er
—
I
Lett Thru Ri M
01 0 of
0
ota In Total
NIA
Board of Commissioners Meeting
08/02/2010
7 -8 -41
1 0 A SSOC I ATES
Ramey Kemp & associates, Inc.
5808 Fa(ing fon Place, Suite 2 98
Raleigh, , 27909
PH: (91
FX: (919 )878 -5416
Board of Commissioners Meeting
08/02/2010
7 -8 -42
File Name : MiddleSound@Trailer
Site Cody: : 0002171
Start Date : 2/
Page N :3
Middle Sound Loop Road
Trailer Park Drive n
Middle Sound Loop Road
Eastbound
lVl
Left
Thru
S outhbound
•
Total
Westbound
0
0 5 1 0
Northbound
S tart iirr�e
deft
App.
Thru Right Tot
Left
1" hru
Right �_
To tal
Left
Thru
night
Peak Hour Analysis
From 12:00 PIS to 69:45 PM - Peak I of
I
0
0 'y 4 0
240
42"'°I
0 100 0
Peak Hourfor Entire
Intersection Begins at 04: 00 PM
.000
.000 + .8 .000
A54 j
.922
04:00 PM
0
0 0
0
8
35
0
35
0
0
0
04 :15 PM
0
0 0
0
0
56
0
56
0
0
0
04 :80 PM
0
0 0
8
8
48
0
48
0
0
0
04 :45 PM
0
0 0
0
0
3 9
0
3 9
0
Q
0
Total Volume
0
0 0
0
0
178
0
178
0
0
p
_ % App Total
0
0 0
0
100
0
0
0
0
P W F
.000
.000 .000
.0:}D
.00 3
.795
.DOD
.795 1
.000
.800
.000
Board of Commissioners Meeting
08/02/2010
7 -8 -42
File Name : MiddleSound@Trailer
Site Cody: : 0002171
Start Date : 2/
Page N :3
Middle Sound Loop Road
Eastbound
Total
Left
Thru
Might
•
Total
Int. Total
0
0 5 1 0
51
a
0
0 59 0
59
115
0
0 64 0
64
11
0
0 72 0
72
I l l
0
0 'y 4 0
240
42"'°I
0 100 0
.000
.000 + .8 .000
A54 j
.922
APPENDIX B
FIGURES
Board of Commissioners Meeting
08/02/2010
7 -8 -43
KAVEN WAY
Ic
%kl
off'
.4
of lop,
—T
Z
00
1 0
4 24 Auip=tm L
.0
4F
F1
All
.J
% • 4� I ��rr 1 `, � x ! � L/
%
L
-----------
pill
NN
41 e t
k.p;
---------- — - — - — ---
TC
----------
d
I
L
d ,
pp j
d J �M
q ro�
L
-?7T
vigi
N
rkvL"
Ig
co
9
PROJECT CL12NT
MIDDLE SOUND VILLAGE WILSHIRE MANAGEMENT LAIR P
MIDDLE SOUND LOOP RD. P.O. BOX 3366
NEW HANOVER COUNTY, NC WILMINGTON, NO 28406
1p ot
—p
PR51-1 M I NARY PLAN — 201 PHO N r=. 910- 792 -101
>
cp 0
Board of-MA%fff1s*6t1bNcAWetin
I z
PROGRESS SET - NOT FOR COI R . UCTION 08702729T
7-8-44
A--*
7i'
as � id '. �` ?:,� �:
4Pk
al
140
r . ic
8
pre
f
� . � �� � � t. � � 'tit
V1.
KA
:7F
Site Ddveway
iiddl Sound
Loop Road
sits
Distribution & Assignment
Site Driveway
cm
ll
Middle Sound
/2 Loop Toad
LEGEND
0 Unsignalized Intersection
XN ABM Peak Hour Traffic Volume
Existi'mi.L2010).Peak Hour Traffic
Site Driveway
L
414/178
Middle Sound
Loop Road
64/246—o--
! Combined X2012) Peak Hour Traffic
c
Site Driveway
0
1/
439/189
Middle Sound
5/20
Loop load
68/261
Board of Commissioners Meeting
08/02/2010
7 -8 -46
APPENDIX C
CAPACITY CALCULATIONS
COMBINED (2012) CONDITIONS
Board of Commissioners Meeting
08/02/2010
7 -8 -47
CM Unsignalized Intersection Capacity A.n .l i Middle Sound Loop Village
Middle Sound Loop Road & Site Dn*vcway Combined 12
Intersection Summary
Average Belay 0.
Intersection Capacity Utilization 38.2% ICU Level of Service A
Analysis Period (rain) 15
Synchro 7 Report
Page I
C ombined (2012)
11x1 Pear Hour
Board of Commissioners Meeting
08/02/2010
7 -8 -48
�
4/
Movement
EBL
EBT
W13T
WBR
SBL
S1
Lane Con
4
Y
Volume (velar )
20
261
189
2
1
1
S ign Con tro 1
Free
Free
Stop
Grad
0%
%
%
Peak Hour Factor
0,90
0.90
0.90
0.90
0.90
0.90
Hourly flow rate
22
290
210
2
1
11
Pedestrians
Lane width
Walking Speed ft/s
Percent Blockage
Right turn flare (vela)
Median type
None
None
Median storage vein)
Upstream signal ft
pX, platoon unblocked
C, conflicting volume
212
546
211
vC 1, stage 1 conf vol
vC2, stage 2 cof vol
vCu, unblocked vol
212
546
211
tC, single
.1
6
6.2
tC, 2 stage s
tF s
2.2
3.5
3.
p0 queue free %
98
100
99
M capacity veh/h)
1358
491
829
Direction, Lane #
EB 1
WB l
SB 1
Volume Total
312
212
12
Volume Left
22
0
1
Volume Right
0
2
11
cSH
1358
1700
780
Volume to Capacity
0.02
0.12
0.02
Queue Length 95th (ft)
1
0
1
Control Delay
.7
0.0
9.7
Lame LOS
A
A
Approacb Delay
0.7
0.0
9.7
Approac LOS
A
Intersection Summary
Average Belay 0.
Intersection Capacity Utilization 38.2% ICU Level of Service A
Analysis Period (rain) 15
Synchro 7 Report
Page I
C ombined (2012)
11x1 Pear Hour
Board of Commissioners Meeting
08/02/2010
7 -8 -48
CM Unsignalized Intersection Capacity Analysis Middle Sound Loop Village
8: Middle Sound LooR Road & Site Co 20 1
Movement EBL EBT WBT WBR S L S1 1
Lane Configurations
489
-- 27 -- - --
Volume Left 6
Y
Volume veh/h)
5
68
4.39 1
2
22
Sign Control
0.29
Free
Free
Stop
4
Grade
0.0
%
%
%
Peak Hour Factor
0.90
0.90
0.90 0.90
0.90
0.90
Hourly flow rate ( vph)
6
76
488 1
2
24
Pedestrians
33.2% ICU Level of Service A
Analysis Period (rein)
15
Lane 'width ft
Walking Speed ft
Percent Blockage
Right turn Aare veh
Median type
None
None
Median storage veh
Upstream signal
pX, platoon unblocked
VC, conflicting volume
489
575
488
vC1, stage 1 eonf vol
2, stage 2 conf vol
vCu, unblocked vol
489
575
488
tC, single s
4.1
6.4
6.2
tC, 2 stage s
tF s
2.2
3 .5
3.3
pO queue free %
99
too
9
M capacity h
1 074
477
58
Direction, Lame ##
EB 1
WB I
SB 1
Volume Total 81
489
-- 27 -- - --
Volume Left 6
0
o f urn e Fight 0
x
2
cSH 1074
1700
569
Volume to Capacity 0.01
0.29
0.05
Queue Length 95th o
0
4
Control Delay s .6
0.0
11.6
Lane LOS A
Approach Delay s .6
0.0
11.6
Approach LOS
Intersection Summary
Average ]delay
0.6
Intersection Capacity Utilization
33.2% ICU Level of Service A
Analysis Period (rein)
15
Synchro 7 Report
Page ]
Combined (2012)
AM Peals Hour
Board of Commissioners Meeting
08/02/2010
7 -8 -49
WETLAND AND WATER BODY CONSERVATION
Board of Commissioners Meeting
08/02/2010
7 -8 -50
1! I y r W v. W — TT-4 i./ L L J J Y F L d I 1 u A wr )r
t� .41�1,
I U f ,' lJ P
%�
US. ARMY OCHR-PS Off 1ENGMERS
WILMINGTON DISTRICT
Action I S A W-207-111 New anger U.S. Quad: Scotts Hill
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner /Agent; Wilshir Ma nagement _ Grou, LLC
A PO Box 3366
Wilmington 28406
Telephone o..
Property description
S ize (acres) , 9.92 Nearest Town Wil l
Nearest Waterway UT to Pages, -Creek River Basin Cape Fear
USGS I-TUC 0300001 Co N 34.2695 W 77.8026
Location description The P reel is located at 611 Ki ndle Sound Loo12 Road, near a UT to Ors C reek. northeast 0 f
Wilmington., PAC.
Ind icate Which of th e Fol A ol *
A. Preliminar Determination
Based on preliminary information. there may be etlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department ofthe Army ,jurisdiction. To be considered final; a
jurisdictional determination must be verified by the Corps= This preliminary determination is not are appealable action
under the F egula.tory Program .d inis�ve Appeal Process Reference 3 1� Part 3 1).
.pry! Determination
T here are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of t he Clean Water :pct. Unless there is a change in the la % %r or
our published r ulati ns, this determination may be relied upon for a period not to exceed five, yeaz front the date of this
notification.
There are waters oftbe IJ .S, including wetl ui on the above described property subject t the permit requirements of
Section 404 of fbe Clean Water Act x A) 33) USC § 1 344). Unless there is a ohmage im the law o r our published
regulations, this determination may bC, relied upon for a period not to exceed five, years from the date of'this notification.
_ We strongly suggest you have the wetlands on your property delineated. Due to the si= of your property and/or our
present kvcrkload, the Corps may not be able to accomplish this metland delineation in a timely manner. Fora more ti ely
delineation, you may vish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
The wedand an your propt-erty have been delineated and the delineation has b verified by the Corps. We strongly
suggest you have this delineation surveyed. Upon completion, this s rve , should be reviewed and verified by the Corps.
Once Verifved, this survey will provide an accurate depiction of all area subject to W jurisdiction on your pxoperty
which, provided there is no chan in the law or our published regulations, may be relied upon for a period not to exceed
five years.
Ilse waiters of the U.S. including wetland have been delineated and surveyed and gre accurately depicted on the plat
signed by the Corps Regulatory Offi identified below can U nle s s there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed eve years fr the date o f Th is notification.
X There are no �.varers o f the U . S _, to include wetlands. present on the above described property wh ich are subject to the
permit requirements of Section 404 oft the Clean Water Act 33 US C 1344 Unless there 1s a c
rn e in the law or our
published regulati ons, this d terin tion rna b reified upon for Talon not to exceed -ve years horn t h e d ate t his
notification.
The property is located in one of the 20 Coastal Counties subject to Dreg l tior girder the Coastal Area Management Act
(C AM A). You should contact the Division of oastal Management in Wilmington, NC., at 1 796-72 to determLne
their requirement=s.
pa ge I of
JUN 1 # 7 05: Board of Commissioners Me Ling
08/02/20 page
7 -8 -51
4
I +
I U r P,
Placement o m� dredged or fill material within waters o f wetlands tla d without a Department o the �
Army permit m ay
constitute a violation of Section 301 of the Clean Water Act 1311. If you have any questions regarding this
determination ancYor the Corps r ,ulatoty p rograni, please contact �„ at 91 D-2514923,
C. Basis For Determination
lPlease be aware that th is Two perty contains no n -ju risdic don ispl ted w et1 nds. Pl ease conta ct _the forth Ca r k nla
Division of Water ( uahht at 1 733 -1786 to discuss the State's re uiations and requirements for these waters. It was
determined tb a t these wetlands are not bo rd efing, n ei g hboring pr eonti it os with an y � ctio n 404 'urisdi tionsI
waters _ This determination 'is based on information submitted by SEG. Inc.
D . R
E . Appeals Info rmation (Thi informalion a pplies only to approved jurisdictional determinations as indicated in
B . above)
T his correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative. appeal under Cons regulations at 33 CFR part 331. Enclosed you will find a
Notification of Appeal Process (N `act sheet and request for appeal ( 'RFform. I f you request to appeal this
determination you must submit a completed RFA form to the South Atlantic Division, Division Office at the Followin
address:
Mr. Nflchael F. Bell, Administrative Appeal Review Officer
U.S. army Corps o f Engineers, South Atlantic Division
o Forth Street, Room 9MI 5
A tdanta, Georgia 301303-8801
In order for an RFA to be accepted by the Corps, the Corps rust determine that it is complete, th it meets the criteria for
app aJ under 3 3 CFR, part 33 1.5, and that it has been received by the D ivis ion Office wi thin 60 days o f the date of th e NAP.
Should you decide to submit n RF form, it roust be received t the above address y 512312007.
*:*It. i s not necessary to submit wi RFA farm to the Division Office if you do not object to the det rmin tion in this
c rre pond c ."
Corps Regulatory Official. f
d" U 0
Date 03123x007 Expiration D 0312312012
The Wilmington D istrict is committed to providing the highest level of support to the public. To help us ensure we continue to
do so, please compictr, the att. ch i customer Satisfy tio ur y r visit
9P:i /ww - s aw. usace.arrny. miUWETLANDS /inde . ht m] to complete the survey onIine.
Copy mashed:
N ce lie Lutheran, ENR-D W , Wilmin gton Regional Office, 127 Edina] Drive Ext., Wilmington, NC '28405
, Inc-,5 15 South College Road, Suite , WiImingt n, N 29412
Page
JUN 1 x 0 0 7 0 Board of Commis* e s l I e _
08/02/2 e 3
7 -8 -52
�r 4`r a t 4 w./ ;/ . v �• . \/ i 4.+ ,.- . + , , . � .rt r * ,..f i •.r�
F
V 7 w/ 1, 1#i./ 4+4 P .4
Applicant: Wi lsh ire Management Grou l Nu r; SAW - 2007 #1 t 1 - r ; "/23/2
PLC
Attached i s: See Section below
INITIAL PROFFERED PETIT ( Standard Permit or Letter o
E: pe
-[7-PROFFERED PERMIT (Standard Permit or Letter 0 B
RNT DENIAL
AP JURISDICTIONAL DETERMINATION
PRELIMINARY T - PdS ICI NAL DETERMINATION
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�... .....fir- *]< �„ ``-- -�<..
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#"" ++ I....
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t i ."+'� `L�4� . at 4 T �ii � a + • . ." u S •i ;.rtY +�� F��: �'�'t rte:... Z:` �. +f
:!s +i. r �.�, ,.+. ! +sr.F � *iY' _-Y•. �'. :: '•'- }+`�*,_ �L _ =ti } •. �.
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+t
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A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
ACCEPT: if you received a Standard Permit, you may s ign the permit document and return it to the district engineer for final
authorization, If you re=ived a Letter o Permission (LOP), y ou may accept the LOP P and your is authorized. Your signature
on the Standard , ern it or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
P errnit, inclu ding its terms and conditious, and approved j urisdi do a) determinations associated with the perm 1 E.
o OBJECT: If you object to the permit (Standard or LOP) because of certain tenns and conditions therein you
ma reqijest th th perm be modified accor dingly. You must complete Section II offs form and retu
the Form . to the district a cyine r. Four objections must be received by the di t ct engineer Nvk hin 60 days o
the date of this notice, or you v611 forfeit y our - ri ht to appeal the permit in the future. Upon receipt of your
letter, the district engmecr will evaluate your obj ections and may: mo dify the permit to address all of o ur
concerns, (b) modify the p r t to address some of your ob e tions, or not modify the permit having
determined that the permit sbould be issued as previously writtem. After evaluating your objections the
district engineer w ill scan you a proffered perrnit for your reconsideration, as indicated. in Section B below.
PROFFERED RIW: You may accept or appeal the permit
AC CEPT: If you recei ved a Standard Kermit, you may s ign t he permit d ocument and return it to th district eng ineer fo final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authwi e . Your signature
on the Standard Permit or acceptance o f the LOP mss that you accept the perm it in its entirety, and waive all rights to appeal the
Permit, inc ludm its terms and conditions, and approved i urisdi tional determinations associated w i th the perm it.
A PPEAL: If you choose to decline t1ae prof'f'ered permit (Standard or LOP) because of certain terms and
conditions therein, you may appeal the declined perrrrnit under the Corps of ngine r Administrative Appel.
Process 'y cornpletffig Section If of this form and sending the form to the division en ineer. This form must
he received by the division engineer within 60 days of the date of this notice.
PE RMIT DENIAL: You may appeal the denial of a pert u nder the Corps of Engineers Admiru'strati
Appeal Process b com le i. Section 11 this form and sending the form to the division engineer. This fora
rust b e received by the division engineer within 60 days of the date of this notice.
JUN 1, 0 0 0 5 :0 9A Board of Commissi ner Me l 2
08/02/20 0 pace 4
7 -8 -53
%JR.dl R R w r W%- -W%mJi1 VII l i I iL#R R[.A&%Wr /
APPROVED JURISDICTIONAL DET RMINATI N: Y ou may accept or appeal the approved r
provide new information.
ACCEPT: You do not need to notify th Co rps to accept an approved SD. FaLi l ure to notes th Corps w ithin 60 days o f th dia of
this not ice, means th you accept the app roved JD in its entire, and waive all rifts t , appeal the approved D.
A A : If you disagree with the approved JD, y ou may appeal the approve. JD - under the CiDrps of Enginc r .d i i ' fi
Appml
Pr m p l e ti ng S ecti It of and s Lng t € to th e dirty. Th 'orn m ust be r ect b
the division engineer within 0 days o the date of Ibis Notice.
PRELIMINARY ,JURISDICTIONAL DE TERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, ir may request a approved
,1 (which may be appealed), by contacting the Corps district for d er instruction.. Also You ma y p rovide new
infonnalion for further o psi ration by the Corps to reevaluate the JDqp
*�I :5.�; -- •x +t:
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;try. ' 'L'•* * +: * +...iif+'.' �" r. .y.l �' �ti 2� 's' S:."!.' s• >s Sri *� *mss; -r :t' +�'a i 1f�l�[f +.Y �: .3FC '3�:�1i�'L :3�T s:X�[ti:= '�
`7.1� �' 1 - frti. '."'. *2..•:tir,� 2. * SC•:a. .'SS ,1i r. i ' �+• '��.i.-: b r... +►1 .,.� x ,�Y j.:. y .L: :. ,i .�1� Si
[� --[t. +f' }}� 2 i. •�W :i -. .r..S.iRii+ «.w� .t. ?.:: "c' i't'
�.y.. :'a' — ' ..- ate: i'ha cF 'Sr �i�" K '+ �k": 'R«... iI t*!:7' ".+.�G �+ . . y ? +i ..t: . -=,li i
1 . i *Y' ..� �` +� :F +*.'�1�1 .L r 1
.1:� - 7 "�.,., .. v1��i7 ±H :7t# :R i�C"'T#t"R'- R:i7:C1 7 t2a :.sp � ..,a . rt e.
' �• 1•it . ' rL } r •+tMU.Ft, �o > i...� �f.. ti.� "L- , ,,L • , -;�±,. .�.�t�2 ._�..
` .� ++ y ix T . ,.VUsW :Y: }: �' 3 i�• �i ■♦Ayr ..
IT
• �� w* +•t"�r. .�� �����'
REASONS FOR APPEAL OR OBJECTIONS: eseHbe your reasons for appealing the decision or y our
obj ections to an initial proffered permit In oloar concise statements. You may atiach additional ink rmation to
this form to clarify where your reasons or objections am a ddressed in the administrative record.
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
rnorand n fo the record of the a�� al conference or meeting, and any s pp� m tai in or atian mat the
review officer has determined I's needed to olaffy the adrm'nistrafive record. N the appellant nor the Corps
may add new information or analyses to the record} However, you may provide additional it n.atio to clarify
the location of information that is already the adrni s •rati e record..
' { #+* �' # #r + * 4 . . i +? ! , � y. R ! 3 f�.• �' ..,.� � r'"�`,'d�'. ..Tir...'+' ° y.' +.s '` :: i:•:; =v'�� ,t ;S ."�5.. ,S� M����, .#.:.i. ? : M1. :'.: �.'*':<n
• "af. .f.�r a „ ICI , k <} - -�I -
If you h av e nstior re his de ox xl a sow re and appeal peak process
and/or the appeal process you may oont=4 may also contact:
U SA CE, WI MrN 'T` N DISTRICT Mr. Michael F Bell, Adr iniSft tive Appeal Review Officer
PO BOX 1890 A - T- -R
WI N NGT N, NC 2 8402 U.S. ArTny Corps of Engineers, south Atlantic Division
o Forsyth street, Room m i 5
Atlanta, eera 30303-8801
RIGHT OF ENTRY: Y our signature b elow grants th e fight of enter to C o rps o f Eng ineers persormel, and an
government consultants, W conduct investigations of the project site during the course of the appeal process. You
w ill be provided a 15 da y notice of any site investigation, and Will have the opportunity to participate in all site
.estiati
I Date:
Signature of .ppellant or agent.
Telephone number-
DIVISION ENGINEER:
Commander
U.S. Army n ire ir Division, Bomb Atlanti
F orsyth Street, Room 9M1
A tlanta, Georgia 3 0303 -3490
Board of Commissioners Meeting
J17 0: 0 08/02/2C 792 0942 page
7 -8 -54
LID STORMWATER NARRATIVE
Board of Commissioners Meeting
08/02/2010
7 -8 -55
III) StormwaWr Narrative
Middle found Village
New Hanover County, NC
Middle Sound Village is a 9 .93 ac site located at xi Middle Sou Loop Rd. T
site has historically been a Mobile H ome Farb of approximately units. its. mater and
Sever service was provided by traditio .al e tic stems and wells. h '
' e development �
currently Zoned R and permitted for 25 single f alots. Water '
r a.d seep s ervice
are to be supplied b Cape Fear P ublic Lail A uthori t y . sto�ra�mv
� ate is p ermitt e d
through New H anover County and NC NB to be treated ] `
� traditional colle a
piping to two regional infiltration basins.
We propose to modify the existing peritted ro `eet to an ,� Exce
Designed Zoning District and provide Low Impact e elo meat r' ach
pies t
this. Various principles used to meet LID are Baia Barrels '
ioreter�tion, �owales,
Infiltration Basins, Permeable P avements, and Minimization o
Storm Drain Pi
Although the Exceptionally Designed Lay Will increase the
� number of nits on ate,
the impervious areas will decrease and increase infiltration w .
la�Ie elat�u. g the n at u ral
drainage on site.
Board of Commissioners Meeting
08/02/2010
7 -8 -56
Submission- Reguirements:
1. Natural Heritage Program shows no occurrences of natural heritage sp ecies on site.
A o.o ac non jurisdictional wetland area is located In the northeast corner of the
site. This area is shown to be p reserved.
2. Runoff discharge from this site will travel roximatel 000lf throug � � g e
drainage ways prior to reaching the surface Waters o f Pages Creek classification
SA,
HQW Index 1 - -2.
3. site visits b Vincent Lewis of NCDENR deemed the site viable for infil tration.
R
�tratl �J � i i
Proposed infiltration basins are located in coordination with these lo
Permeability gates are provided. at 3. 7 in /hr, see soils report by RFTs date
June
oor
4 . The site is currently Permitted for a - p roject that creates loo
.� ,000sf of
buildings, 59,i, of Roads /Parking, and 10, sf f Sidewalk P ro p ose d `
� p sed � ill
create 90,8i6sf of Buildings, 3 of Roads, 28,151sf (:L6 impervious
.
er nous pavement and 6 ,5 0 0sf of sidewalk. 'his r esults in approximately a x
reduction in imperious coverage and therefore a reduction in the CN.
5 . Conceptual stormwater layout provides for multiple Bioretention Cells Bioswales,
Permeable Pavements, and Infiltration Basins. These techniq used wit the
minimization o Piing all ad.d to the Time of Concentration for the site.
6 . see Item No. 3
7 . Layout of the site has been ' ownhome style allowing clustering of units
g g , shared.
D riveways, Smaller Road widths, Connected. O pen Space Corridors and
Tree
p reser v at i on.
8 . Conceptual site layout for structural stormter features includes permeab
pavement and use of Bioswales for stormwater conveyance to various decentralized
Bioretention areas. 'these Bioretention when overflowing are routed again g through
Bioswales to Infiltration Basins. The infiltration basins will meet necessary C
Pre - Bost as well as NCI NR regulations. In keep with the existin d.rai Wage
features we have provided one Bioretention area overflowing to an existing `
g drainage
way Northwest through the existing Emerald Forest Subdivision. H omeowner s and
Builders will be encouraged to install Rain Barrels at each home. 'the '
olunre will
not be counted on for meeting County or IBC NR regulations.
9 . New Hanover County 25 yr pre -post and NCDENR 1. ' 1 � hr pre-post
o Est
requirements will be met.
io. In keeping with the desires of New Hanover Count personnel and
� the o
Green movement ent we have redesigned an existing Permitted project to fit within g � hen LII
parameters. We feel the site will be a benefit and examp to the community
Board of Commissioners Meeting
08/02/2010
7 -8 -57
14 OWN E5 .
utrD1121d 16
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all�mos SIGG1W
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+ 3 � i � L45f'[rUS''tl��! 'aooy� ,`�. Y 1�,f �
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--------------
08/02/2010
7-8-58
PROXIMITY TO WATER AND WASTEWATER
INFRASTRUCTURE
Board of Commissioners Meeting
08/02/2010
7 -8 -59
r
To Whom It May Concern:
The proposed development is looking to construct 48 three bedroom units which
are estimated to need sewer treatment for 17,280 gpd, The sewer from this site will
floe to the Buckeye Pump Station and from there to the Smith Creek Pump Station
here it is pumped to the NorthsldeWastewater Treatment Plant. CPA has
determined that as of t oday our facilities are able to receive, tran8ort and treat this
additional flog*
This is not to be confused with an allocation of sever capacity. capacity is not
allocated {until utility plans are app roved by CFPUA and ready to be sifted to
NCD NR if needed. Serer Capacity is allocated on a first come first serve basis.
CFPUA currently has capacity as stated herein.
If you have any questions, I can be reached at - 332 -6672,
Regards,
Z' wow
/ E. B onser, Project Manager
Cape Fear Public Utility Authority
Engineering Department
Development Services Division
cc: Frank Styers, P; w, Director of Engineerin
William Pinnl , Manager of Development Services
Board of Commissioners Meeting
08/02/2010
7 -8 -60
HOUSING AND JOBS /COMMERCIAL
OPPORTUNITY PROXIMITY
Board of Commissioners Meeting
08/02/2010
7 -8 -61
Ogden Elementary Schook STAFF
NAME
POSITION
1 Tammy Brue tle
Principal
2 Marguerite Martin
Assistant Principal
3 'Ann Colenda
K
4 Jessica Eubanks
K
Sharon Gagnon
I
S arah Gould
L
Kayren Sa
K
Barbara Hess
K- Paraeduator
Lisa Shifflett
K- ParaNedua #or
o Michele Moore
K-Paraeducator
11 Loala Evans
K- Paraedu ator
12 Louse Walters
K- Paraeduator
13 Ashley Tedder
1st Grade
14 Tiffany Ivey
1st Grade
15 Jeanne Rieman
1st Grade
Katelyn Durkin
Ist Grade
17 Chelsy Beverly
Ist Grade
18 Carolyn Witkowski
1st Grade
Barbara C hristmas
Ist Grade- Paraed u ator
20 Marty Walker
Ist Grade- Paraed ator
Michelle Purcell
1st Grade- Paraedu ator
22 Ginger Bass
Ist Grade- Paraedu
23 Rita Wiese
Ist Grade- Paraedtor
2 4 . Jenni Casteen
2nd grade
2 Carrie Herstine
2nd Grade
26 Vickie Lapp
2nd Grade
27 Vonda Mason
............. . .
2nd Grade
28 Cheryl Hawkins
2nd Grade
29 Minnie Clark
2nd Grade- Raraedu artor
3o Joan Lawton
2nd Grade- Paraedu ator
31 Chris Dallmer
3rd Grade
32 Kathy Respet
3rd Grade
33 Yvonne Keith
3rd Grade
34 Nutt U kert
3rd Grade
35 Stephanie Washington
3rd Grade
36 Rene Biddix
3rd Grade- Preduator
37 Lauren Brown
4th Grade
38 Kathryn Penear
4th Grade
39 Sheri Green
4th Grade
40 Jenny Leeds
4th Grade
41 Andrea Zw ally
4th Grade
42 Lisa Nliskeh
Sth Grade
43 Annemarie Edwards
5th Grade
44 Lauren Brown Willard
15th Grade
Board of Commissioners Meeting
08/02/2010
7 -8 -62
S Cynthia Gallagher
5th Grade
46 Christie Gallen
SDA -FA
7 Me an Karl son
SDA -FA
Clancy Pyle
SDA -FA Parraeduator
9 Lisa Smith
SDA -FA Paraeducator
So Ann R o z ier
S DA-FA Paraeduaor
51 Kimberly
SDA -DI
52 Pamela Lawler
SDA -D1 Paraedutor
53 Lynn Sterne
Music
54 Peter Gloss
Art
55 Dustin Bienia
P E
Catherine Kemp
media Center
57 Beth Hicks s
Instru tionaMl Support
Beer Haley
Technology Assistant
59 Thorne Driver
LD Resource Teacher
60 Susan Ferrell
LD Resource Teacher
61 Jessica Nichols
Reading Coach
62 Alison Linner
Gifted Support Specialist
63 Chris Hanson
Counselor
6 Marsha I emsnyder
Therapist
65 Elizabeth Bearer
OT
66 D vi d Murray rray
OT PT
67 Linda Retson
School Nurse
68 Ann Eitelran
School Psychologist
69 Sammy Dorsey
School Social Worker
70 Mindy Ni
After School Coordinator
1 Julia Holloway
office Staff
72 Fran doles
Treasurer
73 Kathy Founts
receptionist
74 Billy Montgomery
Senior Custodian
75 (uirian Escobar
Custodian
76 Ili Carrano
Custodian
77 Richard Lewis
Custodian
78 Karen Blanks
Custodian
79 Brian Doe
Custodian
So Rene Goi ns
Cafeteria Staff
B Angela Danis
Cafeteria Staff
De Mathis
Cafeteria Staff
Mary S
Cafeteria Staff
84 Beatrice Lawson
Cafeteria Staff
Board of Commissioners Meeting
08/02/2010
7 -8 -63
WILMINGTON
Metropolitan Plannin Or
pT;
City of
WILMINGTON
Lead Planning Agency
Town of
CAROLINA BEACH
Town of
KURE BEACH
Town of
WRIGHTSVILLE 13EACH
NEW HANOVER
County
Town of
BELVILLE
Town of ,
LELAND
Town of
NAVASSA
BRUNSWICK
County
PEN DER
County
CAPE FEAR
Public Transportation
Authority
North Carolina
BOARD OF
TRANSPORTATION
P.O, Box 1810
Wilmington, North Carolina 28402
910 341 32 -58 910 341 7801 FAX
July 14, 2010
Mr. Mike Brown
Cape Fear commercial
1501 Military Cutoff Road, Suite 200
Wilmington, North Carolina 28405
E: Middle Sound pillage
Ile
The Wilmington Metropolitan Planning Organization believes Cape Fear commercial has
completed the required analysis and assessment for the proposed Middle Sound Village
development as prepared by Ramey Kemp & Associates dated March 1, 2010. Based on
comments from the New Hanover County Board of Commissioners on June 7, 2010 the
applicant has considered further study.
Per a meeting between the Wilmington MPO, New Hanover County, North Carolina
Department of Transportation and Cape Fear Commercial on June 1 2010 the applicant is
encouraged but not required to complete additional analysis for the area impacted by the
proposed development.
Below please find the scope for additional analysis completed for the Middle Sound Village
Traffic Impact Analysis and/or Traffic Assessment:
Data Collection - Analysis Parameters:
a. Existing Conditions Inventory
i. Turning movement counts (AM & PM peak hour), Signal Timing (if applicable)
and Lane Geometry
Middle Sound Loop Road /Darden Road
Middle -Sound Loop Road /Market Street
ii. Signal timing may be acquired by sending an email request to
don .bennett a@wilmingtonnc.gov or by calling (910) 341 -4098
b. Site Trip Generation, Site Trip Distribution and Background Traffic Assumptions
i. Site Trip Generation
See submitted Traffic Assessment
ii. Site Trip Distribution
See submitted Traffic Assessment
iii. Background Traffic Assumptions
Horizon year -- 2012
Growth rate -- 3% per year
Capacity Analysis (AM and PM peak hours):
a. Existing Conditions
Middle Sound Loop Road/Darden Road
Middle Sound Loop Road /Market Street
Board of Commissioners Meeting
08/02/2010 y
7 -9 -1
b. Future No -build Scenario
Middle Sound Loop Road /Darden Road
Middle Sound Loop Road /Market Street
c. , Future Build Scenario
W Middle Sound Loop Road /Darden Road
It Middle Sound Lop Road /Market Street
3. Final Report Submittal:
a. Signed and sealed by a Professional Engineer
b. Seven copies (one unbound) or four copies and one PDF
c. Synchro analysis files in digital format
Please contact me if you have any questions' regarding this scope approval.
Regards,
Mike Kozlos
Executive Di
Wilmington F
cc: Chris O'Keefe, Director of Planning and Inspections, New Hanover County
Anthony Law, District Engineer, NCDOT
Board of Commissioners Meeting
08/02/2010
7 -9 -2
Day htridg , Jane
From: : Mike. to l r a@willmin tonn . ov
Sent: Tuesday, July 20, 2010 :21 PM
T: Duhtride, Jane
Subject: Fw4 Middle Sound Lapp roundabout
Attachments: p h -- 4191 .pdf; psh_pm1_GC_032510.pdf
Jane,
Bel ow please find the schedule for the completion of the round-about and attached please find the design. If you have any
additional questions, please let me know.
Mike bolo Icy
Executive Director
Wilmington MISO
910-342-2781
wWW.WMPo.
----- Forwarded by Mike Ko loskylwilr on 0712012010 04 :19 Phi - - --
"'Booker, Jessica L" (book r ncdo . ov
07/201201 04:18 P
Iii ke •
To "'rnike.kozlosk !min tonne. v " <mike. kozloskyewilm in tonno.gov
c "Kimes, D. Chad " <ckim dot. ov
Subject Middle Sound Loofa Roundabout
I are sending this email concerning the Middle sound Loop Road roundabout per the request
of Chad Kimes. According to David id Candela the project is currentl. y 35% complete, with
the completion date August 14, 2010. 1 have attached, for your use, two PD Fs of this
project's design.
Please ,het us know -if there is any other information you need!
Jessica L. Booker "Jessi"
Transportation n i eer'in g Associate
C Department of Transportation
124 Divis -. on Drive
Wilmington, NC 28401
(910) 251 -5724
Email c orrespondence to and from this sender is subject ect to the N.C. Public Records Law
and may be d1sclosed to third parties . ! SIG: 4 26 2 123 9152!
Board of Commislioners Meeting
08/02/2010
7 -10 -1
Board of Commissioners Meeting
08/02/2010
7-10-2
Board of Commissioners Meeting
08/02/2010
7-10-3
2aughtridge Jane
From « O' f , Chris
S ent: Mon day, June 07, 2010 11: 4 A11
To: Dughtrldg Jane
Subject: F - ED, D Rezoning Request
Fri and for the file
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Fr m, ddwilm840@aol.com [mailto:ddwilm840@aol.com]
Sent: Monday,. J u ne 0 7, 2010 11:47 A
To: O'Keefe, Chris
: Thompson, Jason; Barfield, Jonathan, Davis, Ted; Caster, Bill; Greer, Bobby
Subject: E D Z D Rezoning Re quest
Good morning...
I write to let you know that as a resident of the Middle Sound Loop c ommunity, I am very much In
favor of the rezoning request for the property at 61 1 Middle Sound Loop Road.
This is ar good example of the type of 'in -fill' development that is the purpose of the E xceptional
Design Zoning District. This zoning district is applied site -by -site. Approval of this development will
not automatically allow dense infill around the entire loop.
I am pleased thart,the development will not be built to its highest potential density (asking for 6 units
per acre, not 8 which could be allowed because of the two earned density bonus points).
My concern, of course, has always been the potential impact on the traffic on Middle Sound Loop
Road. It is heartening to learn that a licensed traffic engineer reported the torn house development
will generate only two more a.m. peak house trips and only three more p.m. peak hour trips than a
development at R-15 density.
A Garden Park and a monetary contribution to an off -site bike/pedestrian gray along Middle Sound
Road is a very nice contribution to the area as ar whole.
1 strongly recommend that the Board of Commissioners accept the recommendations of the staff and
Planning Board and approve this rezoning request based on consistency with the plan and other
appropriate matters.
Sincerely,
ca� WcoUe
D. Diana Wooll
343 Friday Drive
Wilmington NC 23411
t l : 910 686 -6008
cell: 910 620 -8840
1 SIG AcOd 14811713 920 38 73296 0!
Board of Commisgi:oners Meeting
08/02/2010
7 -11 -1
Z 7
Dau htrid e, .lane
From: O'Keefe, Chris
Seat: Thursday, June 10, 20 10 8:13 AM
T: Daughtridg Jane
Subject; Fv : Middle Sound Project
For you and the file
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From: Mike e Davis [mailto:mdavisl@ec.rr.com]
Sent: Wednesday, June o, 2010 11:30 PM
T: O'Keefe, Chris
Thompson Jason; Barfield, Jonathan; Davis, Ted; Caster, Bill; Greer, Bobby
Subject: fiddle Sound Project
June 9, 2010
Dear Mr. OKeefe,
am a resident of the Middle Sound area residing at 7403 Norton Ct and am also a member of the
construction industry. I have expressed are interest in the EDZD project, Middle Sound Village, and
have been told it is stalled by opposition.
1 support this project in the rear term, for the jobs that it would bring, and in the long term for th e
moderately priced, attractive housing It would offer the neighborhood. A well designed plan such as
this would enhance the loop far greater than a barren field. The site Is not very attractive as it
currently sits. With Its open, weeded areas and network of gravel trails (roads), It doesn't seers to
serve as a nature preserve and does seem to be a place that could serve as a trash dump. I think as
planners and improvers, we can do better.
Thank you,
Mike Davis
i S G:e l 063a7302387421717686!
Board of Commislioners Meeting
08/02/2010
7 -11 -2
June 2 2010
Re: New Hanover County
Middle Sound Loop Road
Middle Sound Village
Mr. Chris O'Keefe, Director
New Hanover C U ra y
Planning & Zoning
230 Government Center Drive
Wilmington, n, NC 28403
Dear Mr. O Keefe -
My name is Lawrence Green and l am a Professional Engineer within the
State of North Carolina with ray specialty in Transportation[Traffic Engineering.
The residents of Middle Sound Lookout have requested that i review the `traffic
Assessment report prepared by Ramey Kemp & Associates, Inc. dated March 1,
2010 regarding the proposed rezoning o the property to permit 48 residential
t wn omes. After reviewing the document, l have found that the traffic impact
assessment is incomplete and should be updated and expanded. Specifically. I
recommend that the following areas b re-examined and/or expanded i the
report:
Study Scope The scope of the study was limited to an analysis of the
Middle Sound Loop Road /Site Access Drive intersection, In general,
many jurisdictions require the inclusion of the first intersection with a major
arterial or collector that carries at least 20% of the site generated traffic.
Thus, the Market Street at Middle Sound Loop Road, Market Street at
Wend over Lane. and Military Cutoff Road at Covii Para Road
intersections should be included in the study at a minimum. Also, the
assessment of the future Ogden School roundabout with the proposed
development traffic should be included. The aforementioned locations
should be analyzed for not only capacity /level of service but also traffic
queuing to determine whether the future traffic queues in turn lanes and
through lanes will adversely impact traffic flows. If deficiencies are found,
the developer sho ld be required to mitigate the site traffic impact at all
deficient areas.
Board of Commissioners Meeting
08/02/2010
7 -12 -1
Mr, Chris O'Keefe
Page 2 of 3
Site Trin Distribution — The traffic report estimated that 0% of the site
generated trips would travel to /from the east on Middle Sound Loop Road.
Peals period trips generated from this site will be home-to-work-to-home
- to -home
type trips. Since there are VirtUally no work destinations to the east along
Middle sound Loop road at the end of a peninsula, I believe that l00% o f
the trips will have destinations to Market Street or Military Cutoff road,
Back-gro-und Deve.l.opment — It is customary that traffic reports include
all approved area developments that have not been occupied or built in
the traffic impact study area. Since the traffic study should be expanded
to include intersections on both Market Street and Military Cutoff road,
surrounding approved development will likely impact one or more of these
intersections. such projects as Anchors Bend, Ridgefield, Mason's
Landing, Yacht Club, and the Demarest Swim Club are examples of
projects that should be included in the updated trfc study. complete
list of approved but unoccupied developments should e provided by the
New Hanover County staff to the developers traffic consultant for
inclusion into the updated traffic study. In ad dition, a through traffic g rowt h
rate should be applied to area roadways to account for g rowth originatin
outside the study area.
H igh Accident intersection Impacts — The Market street at Middle
Sound Loop load, Market Street at vedoer Lane, and Military Cutoff
Road at Covii Farm Road intersections all have been identified as having
significantly high accident activity, A significant percentage of the site
generated traffic will utilize these intersections during both the AM and PM
peak periods. Therefore, a n accident evaluation assessment of these
intersections should be conducted that includes recommendations
address the increased traffic activity from the proposed development.
In my professional opinion, the County Commission should delay their
decision on the proposed rezoning until such time that an updated/expanded
traffic impact study has been prepared and evaluated for completeness,
complete traffic impact study should also b prepared for all future Exceptional
Design Zoning District E applications to insure that adequate -infrastructure
is provided to accommodate the increased traffic activity from these re onin s.
Board of Commissioners Meeting
08/02/2010
7-12-2
Mr. Chris OKeefe
Page 3 of 3
Unless a complete traffic impact study with an adequate study area is
required by New Hanover County for all EDZD applications, the complete picture
on the impacts on traffic operations and safety cannot be determined for the
County Commissioners to make an informed decision on each case.
Sincerely
/awrence H. Green, P.E.
Co:
Jason R. Thompson — Chairman New Hanover County Commissioners
Jonathan Barfield. Jr. — Vice-Chairman New Hanover County Commissioners
Robert G. Greer — New Hanover County Commissioners
William A. Caster — New Hanover County Commissioners
Ted Davis, Jr. — New Hanover County Commissioners
Jane Daughtridge — New Hanover County Planning & Zoning Manager
Michael Ko l y — Director, Wilmi gto Metropolitan Planning Organization
Robert Parr — Middle Sound Lockout
Board of Commissioners Meeting
08/02/2010
7-12-3
(By hand)
Cori O'Keefe, Director
New Hanover County Planning and Inspections Department
230 Government Center Drive
Wilmington, NC 28403
Fie, " The Noose" of Middle Sound
Dear Mr, O'Keefe:
Traffic is strangling Middle Sound.
Every day, hund o f Middle Sound residents and their chi ldren put themselves
at risk the minute they leave their homes, whether by car, by bicycle, or by foot,
The Board of Commissioners is facing yet another decision concerning traffic in
this area. We care deeply because that decision affects our personal safety on our
own neighborhood streets.
Middle Sounders deserve to understand all the Issues involved now, at this point
i
in time. They deserve to see the kind of informat ion that can be provided only b
full -scale Traffic study.
The Commissioners also deserve the best information possible on which to base
their actions.
Are you comfortable leaving them to face a vote on this complicated traffic issue
without current Traffic Study to back them u
Thank you for your attention,
f
Mildred Harris
301 Sussex court
Wilmington, NC 2841
Ploy.
Nerve lived in Middle Sound for over 30 years... the issue is always traffic.
(We don't call the Loop road "The Noose" for nothing,)
June 3, 2010
Board of Commissioners Meeting
08/02/2010
7-12-4
Richard A. Harris
S ussex Cour
Wil NC 28411 -9582
June , 2 1
Mr. Jason R. Thompson, chairman
New Hanover County Board of Commissioners
230 Govemment Center Dive
Wilmington, NC 28403
Dear Commissioner T
I would dike to, request that you vote for a continuance on considering the'
passage of the EDZD measure which has come before the Board. X make this
request because, T believe that a proper traffic study has not been completed.
My wife & I have dived in Queens Point off the Middle Sound Loop Road
for over thirty years, and have seen substantial residential development over that
period of time. I have ridden my bicycle around the Loop Road over this period of
time and have personally witnessed a substantial 'increase in automobile traffic.
A, few years ago, this road was repaved, with a so-called bicycle path put
down between Ogden School & Demerest Landing -- approximately one mile. For
the remainder of the road, there is only a very small portion outside the traffic lane
which could be traveled by pedestrians or bicyclists.
This goad is considered to be very dangerous with the traffic volume we
now have. To re -zone even a small portion of this area for higher density would
increase the traffic density to a level unacceptable to many of us who live here and
have enjoyed the relative quiet &seclusion of our neighborhood.
Thank you for your kind attention to my request.
Sincerely,
AIZ-Ir'l 4
Pd'
chard A. Harris
CC: Chris O'Keefe, Director, Planning &Inspections Department
v u t� Gc PI 5: /. �� �c�� �(s� /ter'
Telephone: 910 - 686 -0078
Board of Commissioners Meeting
08/02/2010
7-12-5
From: Daughtridgg, _J,
To: Q%eefe, Chris
Cc: WilliamazBDEland. Jacki
Subject: FEE: REZONING V of [diddle Sound Village at 611 Middle Sound Loop toad
Date: Friday, June 04, 2010 7:31:35 Aft
If we get them to Jackie, she can scan them into the folders or pass them to the appropriate
planner on the case.
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From: O'Keefe, Chris
Sent: Thursday, June o , 2010 9:29 P
To: Daughtrldge, Jane
Subject: Fw: REZONING of Middle Sound Village at 611 Middle Sound Loop Toad
For the file... who should these go to I r rn? Jackie???
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From: Caster, Bill
Sent: Thursday, June o , 2010 2:17 Pal
To: O'Keefe, Chris
Subject: FIB: REZONING of Middle Sound pillage at 611 Diddle Sound Loop Toad
Chris. FYI, Bill
Bill Caster, County Commissioner
Now Hanover County Board of Commissioners
230 Government Center Drive, Suite 175
Wilmington, NC 28403
.nh go ^ orrr
Cell: 910-617-9500
Fax: 910-798-7145
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From: Stephen Jaffe [mall : tear 4 @h ll outh.n ]
Sent: Thursday, June o, 2010 1:53 PM
T : Caster, B i l l
Subject: Fw: REZONING of diddle Sound Village at 611 Diddle Sound Loop Road
William A. Caster, Commissioner.
We have lured on Middle Sound Road, for the past 33 years, about 0 . 15 miles from the
subject ect project. The proposed EDZD zoning request for said property is of great concern to
many of the residents of the Ogden community. The traffic density, present and
future (include already approved subdivisions), is a great public safety issue as well as a
concern for creating the continued degradation of Middle Sound's quality of 11fe.
Board of Commissioners Meeting
08/02/2010
7-12-6
The new E DZD regulations could seriously co . pou d and int s'Ify the already
umnan.a.geal le traffic situation and set a dangerous precedence for future high density
development in Middle Sound, as well as other areas of New Hanover County. we feel that
the traffic assessment, that has been performed has shortcomings. 'lease reference the June
letter from Larry Green (our retained professional traffic engineer), to Chris 'Keefe, with
copies to all the county commissioners.
Many of our concerns have been voiced during the planning stages and prior coiTespondence.
We would; however, request a formal meeting with the NC DOT arid. WiLmington
Metropolitan r g Organization. we feel that all concerned should be apprised of the true
traffic and public safety issue on Middle Sound and adjacent intersections; i.e. Military
Cutoff and Market ct Street. Therefore, a request is made to defer this zoning request until
thorough study had been completed and promulgated.
'hank you for your attention.
Stephen C. and Ingrid D. Jaffe
1.02 South Branch Rd.
Wilmington, IBC 28411
! S IG:e7b0 17139 900377078 i
Board of Commissioners Meeting
08/02/2010
7-12-7