Loading...
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 This page intentionally left blank. 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 This page intentionally left blank. 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 This page intentionally left blank. 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 This page intentionally left blank. 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 This page intentionally left blank. 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) Page 1 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) Page 2 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 'n ti O n In 6' z In z + + 14 + + + + + + x 5 14 0 b > > c P' Y' 'n C" > '0 C > tg > r > G \ / / L ox y 0 X o M �\ / `� �4' / I \ � 7 3s A C:) - + + S� 0 > r5 14 Q + x x X + — — — — — — — — — - L7-AC + I —OVER - — — — — — f�Z X. GRAVEL ROAD, IS. o�e + I ,� � � -\ II , rd _F� F� F F F F� F F FFF I 'L O FF F N lI ------------------ w N - - - - - - - - - - -----/ t > I t� � I I I I I r O Ron W KRONOR g > ----------------- + O + LZ RM I F FF FF 5. RMN HT F F rz r� w ------ ------ 7 t + 4 X X x C n� (1 < FFFr --- FFFr , E FFFr FFFr rrrr r Frrr < C 0 Z > '0101111 > z tj > 0 O N t Board of Commissioners Meetin 08/02/ 7-4-1 ­3 o �� �� � td 'v C +11 > n CONCEPTUAL L.I.D. STORMWATER PLAN _f_Z z I IRI. FOR INTRACOASTAL I I'll 4 > ENGINEERING PLLC , MIDDLE SOUND it —C 9 t Pelican Point Road Wilmin North Carolina 28409 r 'L t C VILLAGE Phone: 910.409.3567 Email: CharlieCviiiLracoastaleii NEW HANOVER COUNTY, NC C C �� III / 4 - - -r -I _ _ _ ) � \"g� \ - - vz raz /// / ci Rv l \ L51 �4 — 1 ,7 T T \ x \ \ I I I I \ \ /� ---- - - - - -- \ \ \ � �,, I -- y —� 11 � l I y' ,' � I // -�- -- �' • , la ��j,�'3H - - -- ; � •/ � ���\ \ ' \\ /,✓ /' sue\ // \ \\ II // - -- f \\ / / �\ ��I I / \ \ � �\\� —J \ � , I / — / / ✓ \ \\ 'mil / l / \ _-4--7 A, / \ T - - -� \ \ \ / / m EXISTING z m z o z z INFRASTRUCTURE PLAN �Z a o ^�d�....... INTRACC�ASTAL " s M r c o o z a C t1� A ?P ; FOR S 5 T, >.: ENGINEERING, PLLC a H MIDDLE SOUND Pelican Point Road 9� .. , ili9 L North Carolina 28409 U s H .. Wilmington, ortarona z N VILLAGE 910.409.3567 - O O Email: Charlie @ilutracoastalelugineering.com C A NEW HANOVER COUNTY, NC Board of Commissioners Meeting 08/02/2010 7 -4 -2 I _�-Tr - - -- / — y / 1 / ci Rv l \ �1O/ `�� "bO� �- - - - - �',f -r f -T- -A tJ T 7/ XE "\V\ \ 7 LL— tt y r 1 x r \ \� /r <\ \/ � y �� � / \ � ,� 1 I l ean >< �\ � \ \ '� \ I I I \✓ / � / I / — / / ✓ \ \\ 'mil / l / \ T T — — F Ar r t EXISTING ° T INFRASTRUCTURE PLAN � z �s� rJ i �I P���N�y�� ti i r7�11�i It t� -�, xi� i H o o o o �........ FOR +� INTRAC(�ASTAL C oz a . A.� -) _ z > ENGINEERING, PLLC z -� � MIDDLE SOUND y - r m o o z Y o � %9� •• ,� 9 L Pelican Point Road 2 r y Wilmington, North Carolina 28409 3 z o R il,`,,11� nii.n„ \\ �l VILLAGE Phone: 910.409567 - s O 0 Email: Charlie @ilutracoastalelugineering.com C A NEW HANOVER COUNTY, NC 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 .j• 0 O O r J O, p O � N N " W <v W_ OOv O N Q ��5 LO TOM c ai CL E o O a� = Y a N N LL � � � z V a a a V (� O L U) o� U'r J = V W _ D a N t5 z J (� W LLI O O I -J a � ° u9 ���w �w oaf J ~ Q g F7 m Q H Z °- ULJ ' a a; o= .0C M ° o o =o �°�U�"oz�05L) az��°°0 z � a� Y Y� O w a ���� z o��� 0 z y 0 2 i(D z z o 2 z 0 o a Y g a LU r 4.0 �.��� z ��o�oo�wogazz °a °oago�Naa =� O • �, O LL 8 w = z> o c� a J a o o a 0 aO =5 m m m V V V V C7 2 2_ Y J z m a H H —_ 00 O cam. �. / s O N N LL 0 N M Y! CO f� 00 C1 O N M le M W I- W M O N M� 0 W N N N N N N N m C -0 a O 2R 'c c j....0 o •(� p oo I N N r V N w� O a oard o issioners eeting ,2 a W -1 < X02 /201 o v Q 7- -1 A F% AIL Mh AM 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 �rYlll 4i11�� 14MMi� i4i4MMMIMMiii�ii� 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; 3 Board of Commissioners Meeting 08/02/2010 7 -8 -6 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 Board of Commissioners Meeting 08/02/2010 7 -8 -7 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 Board of Commissioners Meeting 08/02/2010 7 -8 -8 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 6 Board of Commissioners Meeting 08/02/2010 7 -8 -9 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" 7 Board of Commissioners Meeting 08/02/2010 7-8-10 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. Board of Commissioners Meeting 08/02/2010 7-8-11 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." 9 Board of Commissioners Meeting 08/02/2010 7-8-12 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. 10 Board of Commissioners Meeting 08/02/2010 7-8-13 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 7-8-14 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 Yt'�'�'�'�'� 4W IiI�����YMYM I 4'4NI7iYNi'� 4'477MI'i'i.�4777iM1.� 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 1 Board of Commissioners Meeting 08/02/2010 7-8-15 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. 1 Board of Commissioners Meeting 08/02/2010 7-8-16 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 5 k k ks _ w4c7rc � �c '- � t: t , � ti * ice^ ""� ��4 • # � 1 � 4 -4 • � Sol de ilia x� =' fir. ~" * # � •r Ji .' � $ '� O r¢ �� cl F � X � * '{ • • y } f' + .' . , : 1. IN 4 10 St 1e,4 �* - �.� ! 5 r ! "' L f .' f 4 ' # - i 'CJh02F} R - k " 'dam r, R '� .� �• tit - -� x � '1F�� ts� � 4 . �.,. -r" * _ �� � # � � �. • iF� �r � �% ± + t• 4 lb S y r y * E ' 1W as Va IL AL �' ��� iii � � •, � '�} - � � � � � f••Y �'.�:.' �t �.iM issioners Meetin 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 2A o-� a f 1AA6 L N L% `2 0 ktcL4.2 , 0 I II /L f - e -L c A c S ,6� 2 S �7)C 6M 3!Z1 Z A5 A/ 6 ,r 02 %,,Ir Lr —%�r v -P *-b XV' i5/�r ll�/1s� � iii �� [ia p V C)ceC r� M 01), 61 ) 1� : p A)c) �D2� 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 `"�4- 7 4el ....... . . .... . . - PAAL- 6706 aLwb ... LPmE e2lb z ��O it 1, c3 � �3�� ..�r�s�~�. Esc !..✓ Ito„ ti 1 0- �16 rn k. �.3(9 i� 1111111111 c. ? A^ Z V.f S� c 60 Board of Commissioners Meeting 08/02/2010 7 -8 -31 4r b--c 7. ; - �� 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 x �� � - r.:� `` �_+- ♦Yt �� Y j' '_7�'; µ- r �+ . rr .1 '^• r.- S.'1wi� » t �„`�:7►� : i� Y:.y+ n.�."'r ""r -5 ti ^��� !.R ++ +�- 5i C ' ,w �° yih- �`y�'t , �r� -_'SM1 +.+r.i +,n i}4 il+" • Y �4w r,r� �+ yy{{ 1 t• #f =. k' ti r ,+..r`..rL '+♦Y+..t. �y i`va.`...� + - i. 44' rt y\1 ti r ,� - � •-. .ii tj. a .�" i # _ • . Sw.. ,s. y�� - .., t= :• ,�,••• 1; �"� _� « ,'• w +• . .1 +tt .t +:� •#• tiF �... .....fir- *]< �„ ``-- -�<.. . �./ ft , r`�+w y.�r G4 4, !r_���4 +, +,SMr - t =r�•1� tea. .i w ttrtri ;'+I4t �'� Y+h {r� +l�r+, •. a'.u� i�w + { ± i,t A3� " I .* #"" ++ I.... F ti : ? f• �1 "a �� •. + 't i *�`�, ti. z .S - *�. a x.. }•}t ■+ 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 } •. �. :. ° ttiS+Ll :. ., +.. .v. Vii., r } .a,�. i, t `tY`!i.: "• "`ice +'' `r° +t + f 4 r,. 4:� r'7y.' 7•' �1., t,., -. ."k #: �• .L �4 r4 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: X� .+YS •.2^� :i+ i _ F4 ^. :i F 'iCf377 J� x. .�,li �.:+ `i•= +- .`i• . -r :. _ :f�.�l.* ': : r` 17x�� - tirf�'"+�"' ;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 4t all�mos SIGG1W 2:0- t K L + 3 � i � L45f'[rUS''tl��! 'aooy� ,`�. Y 1�,f � xyla u9j1vmwuOj1 G . I 'I qVfUd aDNO 5k M I �14MZ 1 4 }l � �. .r � �+ --�'�� 4 �� .' � ' �r� ---.�4 ,x�-�� � �' � -4 F Y = a ..rl,T { +� {y`��i^.: X ,� * I n I � � � •�1 �1�1f1 � � w t ��. Y ; �F } ' -. ... -Ear -- - #^ � 't� - n # " y` ` . y �5.. - �i � .� � + � A 4 4.0 . �F r ��* R � 1 � E I � i 1 �J� � i� �rk� # .� r T —r Ur t __— ....,, {{{ , i i-# - ' * � � f � f 3 � I•kp � + � k 'ry ry fi) I Z 11 . — .j F1 ;It T4 . W, Or.. M. 4i I T k 4 m E 4 T Ir z r t-d D i r 'Ir 4-4 L g 4 V1j d rut, N ri 4�3 2 ;R 13 er !Ni rt �ad 42 �1 -------------- 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 .............................................................. ............................... . ................................................. ............................... ............ ............................... . . ................. ............................... . .......................... ............................... . ... ............................... 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 .................. . . . .................. ............................... . ... ............................... ............................ .. ............................... . ... ............................... . . ........... ............................... .......... 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. . ............................... . .................................. ............................... ............... ............................... . .. .............. 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??? .... ............................... ............................... . ............................ . 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 ............... ............................ . ............................ .. . . ... ..................... 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