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HomeMy WebLinkAboutAgenda 2016 08-01AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301 Wilmington, NC BETH DAWSON, CHAIRMAN - JONATHAN BARFIELD, JR., VICE - CHAIRMAN SKIP WATKINS, COMMISSIONER - WOODY WHITE, COMMISSIONER - ROB ZAPPLE, COMMISSIONER CHRIS COUDRIET, COUNTY MANAGER - WANDA COPLEY, COUNTY ATTORNEY - TERESA ELMORE, CLERK TO THE BOARD AUGUST 1, 2016 4:00 PM MEETING CALLED TO ORDER (Chairman Beth Dawson) INVOCATION ( The Very Reverend Robert J. Kus, Basilica Shrine of St. Mary) PLEDGE OF ALLEGIANCE (Vice- Chairman Jonathan Barfield, Jr.) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Adoption of State Road Resolution 3. Adoption of Purple Heart Day Proclamation 4. Approval of an Application for the Waiver of Landfill Tipping Fees for the Good Shepherd Center 5. Approval of May 2016 Tax Collection Reports 6. Acceptance of Grant and Adoption of Associated Budget Amendment ESTIMATED REGULAR AGENDA ITEMS OF BUSINESS MINUTES 5 7. Consideration of Proclamation to Declare August 2016 as Coast Guard Month in New Hanover County 10 8. Presentation on Proposed 2017 Schedule of Values 40 9. Public Hearing Rezoning Request (Z -959, 7/16) — Request by Paramounte Engineering, Applicant, on Behalf of the Property Owners, Raleigh Wilmington Investors, LLC, Greenstick Acquisitions, LLC, and Henna S. Duncan, to Rezone 17.42 Acres Located at the 2400 Block of Middle Sound Loop Road from R -20S, Residential District, to (CZD) R -20, Conditional Residential District, in Order to Develop a 32 -Lot Performance Residential Subdivision 40 10. Public Hearing Rezoning Request (Z -960, 7/16) — Request by Design Solutions, Applicant, on Behalf of the Property Owners, 6943 Market, LLC, to Rezone 2.07 Acres Located at the 8800 Block of Market Street from R -15, Residential District, to (CZD) B -1, Conditional Business District, in Order to Develop Two Commercial /Office Buildings Board of Commissioners - August 1, 2016 40 11. Public Hearing Special Use Permit Request (S -630, 7/16) — Request by Hellman, Yates, & Tisdale for Optima Towers IV, Applicant, on Behalf of the Property Owner, Home Life, Inc., for a Special Use Permit for a Telecommunications Tower on a 0.80 -Acre Parcel Located at 2020 Corporate Drive PUBLIC COMMENTS ON NON - AGENDA ITEMS (limit three minutes ESTIMATED ADDITIONAL AGENDA ITEMS OF BUSINESS MINUTES 10 12. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 13. ADJOURN Note: Minutes listed for each item are estimated, and if a preceding item takes less time, the Board will move forward until the agenda is completed. Mission New Hanover County is committed to progressive public policy, superior service, courteous contact, judicious exercise of authority, and sound fiscal management to meet the needs and concerns of our citizens today and tomorrow. Vision A vibrant prosperous, diverse coastal community, committed to building a sustainable future for generations to come. Core Values Integrity - Accountability - Professionalism - Innovation - Stewardship Board of Commissioners - August 1, 2016 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: August 1, 2016 CONSENT DEPARTMENT: Governing Body PRESENTER(S): Teresa P. Elmore, Clerk to the Board CONTACT(S): Teresa P. Elmore SUBJECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the following meetings: Regular Meeting Held on July 11, 2016 STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners - August 1, 2016 ITEM: 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: August 1, 2016 CONSENT DEPARTMENT: Governing Body PRESENTER(S): Teresa Elmore, Clerk to the Board CONTACT(S): Teresa Elmore SUBJECT: Adoption of State Road Resolution BRIEF SUMMARY: NCDOT is considering the addition of the following roads and requesting the Board to adopt a resolution in support of adding the roads to the state system: Stones Edge Loop Road, Wynstone Court and Brier Crest Drive located within the Stones Edge Subdivision in New Hanover County (Division File No. 1229 -N) STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt SR -2 resolution. ATTACHMENTS: NCDOT Request Letter and Maps NHC Location Map SR -2 Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners - August 1, 2016 ITEM: 2 RECEI+ED �� Kt1z--1- JUN 2 7 2016 KHC 6DCC June 23, 2016 Teresa Elmore, Cleric to the Board New Hanover County Board of Commissioners 230 Government Center Drive, Suite 175 Wilmington, NC 28403 PAT McCRORY C,mVernor NICHOLAS 1. TENNYSON Subject: Proposed Addition to the State System of Highways; Stones Edge Loop Road, Wynstone Court and Brier Crest Drive located within the Stones Edge Subdivision (Division File No: 1229 -N) Dear Ms. Elmore: This office is considering adding; Stones Edge Loop Road, Wynstone Court and Brier Crest Drive which are located within the Stones Edge Subdivision in New Hanover County to the state system of maintenance. After the Board's consideration, if they concur with our recommendation, please furnish this office with the current county resolution and official road names for our further handling. If I may be of further assistance, please advise. 'ncerely, n�. Ben min T Hugh s, P.E. District Engineer BTH.idd Attachments: Copy of SR -1 Road Petition request form and locator map �"NotMnQ Compares%... Shft of Noah Caioka I Domed of ThnVwWtiao I NCDOT Dismal 3.300 Diviman Drive Wflmiag M NC 28401 Board of@MWA *-* 951Allaust 1, 2016 ITEM: 2 -1 -1 .. air, ha � � I �► - Il3R•R x I C r fit. � s I� I it r 29 gg €€ r I tt h 1 rtltla ' 1 " A„r Ae 0,81 lu r� + R `� - Id cv t W • �I���r �� 111 °i�� �i� � � "� 4 \I) 6 i � !pill 11 i 1 a11 ; .s N JJJ AN s ap I• I 1�!it'll, ilE a . Board of Commissioners - August 1, 2016 A000 ITEM: 2 - 1 - 2 ti I I�Ilalea i ' �'at. �. �� and � __ �i � `.� ,�•, e,� .NSo.:� a� s ' I I � •• i �"' I- s'1•' Ca�� �� I � 111 �. LA Mir Val Sr fill .� g it LU 4 E fill � lilt Board of Commissioners - ugus ���� ITEM: 2 -1 - 3 Board of Commissioners - August 1, 2016 ITEM: 2 - 1 - 4 O C W d Q O O O o _ d H � J O O �U p O OV'I F w O N 3 °317 W-1 d Q o o T u °j 00 m aZ Nam Z i M a Z WEE a m IV J dl 3J® S3NOIS 1J 3NOlSNAM N O O O O o! b O a pb8H1?/pN 0 Y z a w o W n ` O O 'x O O m w o! o! m Bar f mmissioners -A gust , NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM North Carolina County of New Hanover Road(s) Description: Stones Edge Loop Road, Wynstone Court and Brier Crest Drive located within the Stones Edge Subdivision in New Hanover County (Division File No. 1229 -N) WHEREAS, a petition has been filed with the Board of County Commissioners of the County of New Hanover requesting that the above described road(s), the location of which has been indicated on a map, be added to the Secondary Road System; and WHEREAS, the Board of County Commissioners is of the opinion that the above described roads) should be added to the Secondary Road System, if the roads) meets minimum standards and criteria established by the Division ofHighways of the Department of Transportation for the addition of roads to the System. NOW, THEREFORE, be it resolved by the Board of Commissioners of the County of New Hanover that the Division of Highways is hereby requested to review the above described road(s), and to take over the roads) for maintenance if they meet established standards and criteria. CERTIFICATE The foregoing resolution was duly adopted by the Board of Commissioners of the County of New Hanover at a meeting on the 1st day of Au ust, 2016. WITNESS my hand and official seal this the 1st day of Au ust, 2016. Teresa P. Elmore, Clerk to the Board New Hanover County Board of Commissioners Form SR -2 Please Note: Forward directly to the District Engineer, Division of Highways. Board of Commissioners - August 1, 2016 ITEM: 2 - 3 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: August 1, 2016 CONSENT DEPARTMENT: County Manager PRESENTER(S): Sheriff McMahon CONTACT(S): Chris Coudriet, County Manager SUBJECT: Adoption of Purple Heart Day Proclamation BRIEF SUMMARY: Sheriff McMahon has requested that the Board consider adopting the attached proclamation to declare Sunday, August 7, 2016 as Purple Heart Day in New Hanover County. The proclamation will be presented during the Cape Fear Purple Heart Dinner on August 13, 2016. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: Purple Heart Day 2016 Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners - August 1, 2016 ITEM: 3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS PROCLAMATION PURPLE HEART DAY AUGUST 7, 2016 WHEREAS, in August 1782, George Washington, the Commander in Chief of the Continental Army, established the "Badge of Merit" which was the forerunner of the Medal of Honor and inspired the modern Purple Heart; and WHEREAS, the Purple Heart is awarded to those who have been wounded or killed while serving the United States against opposing armed forces; and WHEREAS, since its inception and through several wars and conflicts, the Purple Heart has been given to more than a million soldiers wounded or killed while serving our nation; and WHEREAS, the mission of the Military Order of the Purple Heart is to foster an environment of goodwill and camaraderie among combat wounded veterans, promote patriotism, support necessary legislative initiatives, and most importantly, provide service to ALL veterans and their families; and WHEREAS, the Purple Heart Foundation works to salute our truest and most dedicated heroes. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that Sunday, August 7, 2016 be recognized as "Purple Heart Day" in New Hanover County and that all citizens are urged to participate in observance of this day. ADOPTED this the 1st day of August, 2016 NEW HANOVER COUNTY Beth Dawson, Chairman ATTEST: Teresa P. Elmore, Clerk to the Board Board of Commissioners - August 1, 2016 ITEM: 3 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: August 1, 2016 CONSENT DEPARTMENT: Environmental Management PRESENTER(S): Joe Suleyman, Environmental Management Director CONTACT(S): Joe Suleyman SUBJECT: Approval of an Application for the Waiver of Landfill Tipping Fees for the Good Shepherd Center BRIEF SUMMARY: The Environmental Management Department has received an application from the Good Shepherd Center for a waiver of landfill tipping fees. This non - profit shelter provides food, clothing and shelter for the homeless, and assists with their transition to permanent housing. The landfill has waived a total of $141,949 in tipping fees (2,793 tons) for the fiscal year ending June 30, 2016. The Environmental Management Director recommends approval of the waiver request, with a maximum cap of five (5) tons, which equals $250.00, for fiscal year 16 -17, restricted to waste generated within New Hanover County. STRATEGIC PLAN ALIGNMENT: Effective County Management • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the application to waive landfill tipping fees for the Good Shepherd Center for up to five (5) tons of waste generated within New Hanover County during fiscal year 16 -17. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners - August 1, 2016 ITEM: 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: August 1, 2016 CONSENT DEPARTMENT: Tax PRESENTER(S): Julie Populorum, Collections Supervisor CONTACT(S): Julie Populorum SUBJECT: Approval of May 2016 Tax Collection Reports BRIEF SUMMARY: NCGS 105 -350 requires the Tax Collector to submit a report showing the amount of taxes collected. Collections for May 2016 are comparable to collection for May 2015. We are slightly ahead overall of where we were May 2015. The report for May 2016 in comparison to May 2015 is as follows: New Hanover County Current Year May 2015 Real Property 99.21% 98.94% Personal Property 93.46% 93.67% Motor Vehicle 100% 99.94% Overall Collection Rate 98.81% 98.55% Total collected YTD $170,804,291.73 $162,297,967.28 Fire District Current Year May 2015 Real Property 99.24% 98.89% Personal Property 94.71% 94.84% Motor Vehicle 100% 99.93% Overall Collection Rate 98.90% 98.56% Total Collected YTD STRATEGIC PLAN ALIGNMENT: $7,948,305.12 $8,842,839.78 Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the reports. Board of Commissioners - August 1, 2016 ITEM: 5 ATTACHMENTS: May 2016 Month End NH May 2016 Month End NH2 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners - August 1, 2016 ITEM: 5 New Hanover County M onthly Collection Report for M ay 2016 Current Year 2015 Scroll /Billed Abatements Adjustments Foal Estate Personal Property Motor Vehicles Combined $ 149,743,468.09 $ (934,626.51) $ 6,785.76 $ 13,764,168.84 $ (219,164.63) $ 2,939.41 $ 10,186,757.50 $ - $ - $ $ $ 173,694,394.43 (1,153,791.14) 9,725.17 Total Taxes Charged Collectionsto Date Write -off $ $ $ 148,815,627.34 147,644,802.64 (265.33) $ $ $ 13,547,943.62 12,661,195.60 (1,167.57) $ $ $ 10,186,757.50 10,186,536.40 - $ $ $ 172,550,328.46 170,492,534.64 (1,432.90) Outstanding Balance $ 1,170,559.37 $ 885,580.45 $ 221.10 $ 2,056,360.92 Collection Percentage - 99.21 19,808.49 93.46 $ 100.00 $ 98.81 YTD Interest Collected $ 224,108.72 $ 11,277.70 $ 76,370.67 $ 311,757.09 $ 59,430.99 $ 917,746.57 Write -off $ (6,143.71) $ (103,704.45) Total 2015 CollectionsYTD 170, 804, 291.73 Prior Years 2005 -2014 Foal Estate Personal Property Motor Vehicles Combined Scro 11 $ 1, 826, 059.15 $ 3,125, 633.59 $ 1, 249, 783.82 $ 6, 201, 476.56 Abatements $ (259,424.79) $ (195,574.86) $ (1,190.15) $ (456,189.80) Adjustments $ 20,023.16 $ (214.67) $ - $ 19,808.49 Total Levy $ 1,586,657.52 $ 2,929,844.06 $ 1,248,593.67 $ 5,765,095.25 Collectionsto Date $ 721,753.64 $ 136,561.94 $ 59,430.99 $ 917,746.57 Write -off $ (6,143.71) $ (103,704.45) $ (150,083.83) $ (259,931.99) Outstanding Balance $ 858,760.17 $ 2,689,577.67 $ 1,039,078.85 $ 4,587,416.69 YTD Interest Collected $ 115,889.68 $ 26,654.41 $ 27,816.73 $ 170,360.82 Total Prior Year CollectionsYTD $ 1,088,107.39 Grand Total All CollectionsYTD $171,892,399.12 NEW HANOVERCOUNTY Chairman aerk to the Board Date Board of Commissioners - August 1, 2016 ITEM: 5 - 1 - 1 New Hanover County Fire District M onthly Collection Report for M ay 2016 Current Year 2015 Scroll /Billed Abatements Adjustments Foal Estate Personal Property Motor Vehicles Combined $ 6,788,748.12 $ (79,412.91) $ (6,749.22) $ 713,081.47 $ (10,780.69) $ 131.65 $ 616,636.48 $ - $ - $ $ $ 8,118,466.07 (90,193.60) (6,617.57) Total Taxes Charged Collectionsto Date Write -off $ $ $ 6,702,585.99 6,651,353.45 (23.49) $ $ $ 702,432.43 665,217.06 (87.04) $ $ $ 616,636.48 616,636.48 - $ $ $ 8,021,654.90 7,933,206.99 (110.53) Outstanding Balance $ 51,209.05 $ 37,128.33 $ - $ 88,337.38 Collection Percentage - 99.24 153.92 94.71 $ 100.00 $ 98.90 YTD Interest Collected $ 9,962.86 $ 473.03 $ 4,662.24 $ 15,098.13 $ 3,315.13 $ 41,604.05 Write -off $ (239.52) $ (3,673.88) Total 2015 CollectionsYTD $ 7, 948, 305.12 Prior Years 2005 -2014 Foal Estate Personal Property Motor Vehicles Combined Scroll $ 98,480.92 $ 156,490.99 $ 59,228.00 $ 314,199.91 Abatements $ (26,059.53) $ (6,246.23) $ (74.53) $ (32,380.29) Adjustments $ 138.52 $ 15.40 $ - $ 153.92 Totall.evy $ 72,559.91 $ 150,260.16 $ 59,153.47 $ 281,973.54 Collectionsto Date $ 29,910.04 $ 8,378.88 $ 3,315.13 $ 41,604.05 Write -off $ (239.52) $ (3,673.88) $ (5,068.39) $ (8,981.79) Outstanding Balance $ 42,410.35 $ 138,207.40 $ 50,769.95 $ 231,387.70 YTD Interest Collected $ 6,786.69 $ 1,604.97 $ 1,308.22 $ 9,699.88 Total Prior Year CollectionsYTD $ 51, 303.93 Grand Total All CollectionsYTD $ 7,999,609.05 NEW HANOVERCOUNTY Chairman aerk to the Board Date Board of Commissioners - August 1, 2016 ITEM: 5 - 2 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: August 1, 2016 CONSENT DEPARTMENT: Strategy & Budget PRESENTER(S): Elizabeth Schrader, Chief Strategy & Budget Officer CONTACT(S): Elizabeth Schrader SUBJECT: Acceptance of Grant and Adoption of Associated Budget Amendment BRIEF SUMMARY: The attached budget amendment amends the annual budget ordinance for the fiscal year ending June 30, 2017. At its June 6, 2016 meeting the Board approved for staff to submit a North Carolina Division of Water Resources ( NCDWR) grant application to the Shallow Draft Inlet Fund. This budget amendment budgets the grant from the NCDWR in the amount of $21,000. STRATEGIC PLAN ALIGNMENT: Strong Financial Performance • Control costs and manage to the budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Accept grant and adopt the ordinance for budget amendment 17 -001. ATTACHMENTS: BA 17 -001 Grant Contract COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners - August 1, 2016 ITEM: 6 AGENDA: August 1, 2016 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2017 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2017. Section 1: Details of Budget Amendment Strategic Focus Area: Intelligent Growth / Economic Development Strategic Objective(s): Build / maintain infrastructure Fund: Room Occupancy Tax (ROT) Department: Engineering Expenditure: Decrease I Increase 11 Total BA 17 -001 ROT I $ 21,00011$ 21,000 Total 1 $ 21,000 $ 21,000 I $ 21,000 I $ 21,000 Revenue: Decrease Increase 11 Total BA 17 -001 ROT I $ 21,00011$ 21,000 Total 1 $ 21,000 $ 21,000 Prior to Actions Total if Actions To ay Taken Departmental Budget $ 5,516,608 $ 5,537,608 Section 2: Explanation BA 17 -001 The Board of County Commissioners at its June 6, 2016 meeting approved for staff to submit a North Carolina Division of Water Resources ( NCDWR) grant application to the Shallow Draft Inlet Fund for funds to cover the permitting costs for modification to the Carolina Beach Inlet maintenance dredging permit. This budget amendment budgets the grant from the NCDWR in the amount of $21,000. These funds will be used to support the federal and state permitting of the Inshore Dredge Material Management Site ( IDMMS). The IDMMS is proposed to faciliate improved channel maintenance options in terms of maintenance dredge material management (management of sand) within the Carolina Beach Inlet complex. A County match in the amount of $10,500 is required and is budgeted in the FY16 -17 ROT budget. 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(s) 17 -001 amending the annual budget ordinance for the fiscal year ending June 30, 2017, is adopted. Adopted, this 1st day of August, 2016. (SEAL) Beth Dawson, Chairman ATTEST: Teresa P. Elmore, Clerk to the Board Board of Commissioners - August 1, 2016 ITEM: 6 - 1 - 1 NONE*`/04__e GRANT CONTRACT NO. 6962 GRANTEE'S FEDERAL IDENTIFICAl10N NUMBER **- ?"`0324 This Contract is hereby made and entered into this 1St day of July, 2016, by and between the NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY (the "Agency") and NEW HANOVER COUNTY, (the "Grantee') (referred to collectively as the "Parties "). 1. Contract Documents: This Contract consists of the Grant Contract and its attachments, all of which are identified by name as folloAs: (1) Grant Contract No. 6962 (2) General Terms and Conditions (Attachment A) (3) Agency's Request for Proposal (RFP) (Attachment B) (4) Grantee's Response to Agency's RFP, including line item budget and budget narrative and if applicable, indirect cost documentation (Attachment C) (5) Provisional Grant Award Letter (Attachment D) (6) Iran Certification (Attachment E) These documents constitute the entire agreement betyx� the Parties and supersede all prior oral or written statements or agreements. The Parties may enter into Contract Amendments in accordance Wth the General Terms and Conditions as descri bed in Attachment A 2. Precedence Among Contract Documents: In the event of a oonfl ict between terms of the Contract Documents, the term in the Contract Document Wth the highest relative precedence prevails. The order of precedence is established by the order of documents in Paragraph 1, above, Wth the first - listed document having the highest precedence and the last - listed document having the lowest precedence. If there are multiple Contract Amendments, the most recent amendment has the highest precedence and the oldest amendment has the lest precedence. 3. Contract Period: This Contract shall be effective on the 1St day of July, 2016 and shall terminate on the 30th day of June, 2017. 4. Project Period: The Grantee shall begin the project on the 1St day of July, 2016. The Grantee shall undertake and complete the project in a sequence that assures expeditious completion in light of the purposes of this agreement. Grantee shall complete the project on 30th day of June, 2017. 5. . 6. Grantee's Duties: The Grantee shall complete the project as described in Attachment C, Inshore Dredge Material Management Site and in accordance Wth the approved budget in Attachment C. 7. Agency's Duties: The Acgency shall pay the Grantee in the manner and in the amounts specified in the Contract Documents. The total amount paid by the Agency to the Grantee under this Contract shall not exceed TWENTY -ONE THOUSAND DOLLARS ($21,000.00). Board of ComnRia40DhE799 August 1, 2016 ITEM: 6 - 2 - 1 GRANT CONTRACT NO. 6962 This arnount consists of. Type of Funds Funding Source CFDA No. Other Receipts SDNC&LM Funds NA Accounting Code Infomration: Dollars a Corrpany a Account a Center $21,000.00 1602 536990 2182 [ ] a. There are no matching requirements from the Grantee. [ ] b. There are no matching requirements from the Grantee; hoAeVer, the Grantee has committed the fbllov�ing aeitch to this project: [ X ] c. The Grantee's matching requirement is $10,500.00, which shall consist of: In -Kind $ X Cash $ Cash and In-Knd $ Other / Specify: $ [ X ] c. The Grantee's matching requirement is $10,500.00, which shall consist of: [ ] d. The Grantee has oommitted to an additional $ to oon -0ete the project as described in Attachment C. The Grantee warrants contributions from the Grantee shall be soured from non - federal funds. The total contract amours is $31,500.00 8. Reversion of Unexpended Funds Any unexpended grant funds shall revert to the Agency upon termnation of this Contract. Board of Cornr&40D�E799 August 1, 2016 ITEM: 6 - 2 - 2 In-Kind $ X Cash $10,500.00 Cash and In-Knd $ Other / Specify: $ [ ] d. The Grantee has oommitted to an additional $ to oon -0ete the project as described in Attachment C. The Grantee warrants contributions from the Grantee shall be soured from non - federal funds. The total contract amours is $31,500.00 8. Reversion of Unexpended Funds Any unexpended grant funds shall revert to the Agency upon termnation of this Contract. Board of Cornr&40D�E799 August 1, 2016 ITEM: 6 - 2 - 2 GRANT CONTRACT NO. 6962 9. Reporting Requirements: Pursuant to 09 NCAC Subchapter 03M, a Grantee that receives State funds shall maintain, for inspection by the Office of the State Auditor, reports and accountings that support the allowable expenditure of State funds. The Grantee shall also abide by the following reporting thresholds: (1) a Grantee receiving less than $25,000 shall also include a certification and accounting, completed by the Grantee Board, stating that the funds were received and used for the purpose in which they were granted; (2) a Grantee receiving between $25,000 to $500,000 shall also incl ude a certification of accounting and description, completed by the Grantee Board, stating the funds were received and used for the purpose in which they were granted; (3) a Grantee receiving greater than $500,000 shall include a certification and description, completed by the Grantee Board, stating that the funds were received and used for the purpose in which they were granted, and an audit prepared by a licensed Certified Public Accountant." If the Grantee receives $500,000 or more in FEDERAL awards during its fiscal year from any source, including federal funds passed through the State or other grantors, it must obtain a single audit or program - specific audit conducted in accordance with the Federal Office of Management and Budget's Circular A -133 "Audits of States, Local Government and Non - Profit Organizations." If the above amounts are not met by one single funding agency, but rather any combination of funding agencies, then the appropriate reports shall be sent to the Office of the State Auditor and to the Agency. Also, a corrective action plan for any audit findings and recommendations must be submitted along with the audit report or within the period specified by the applicable CMB Circular or Memorandum. 10. Payinent Provisions: The Agency shall reimburse the Grantee for actual allowable expenditures Wth the Agency ruining a minimum of ten percent (10 %) of the Agency's funds until all required activities are completed and reports /deliverables are received and accepted by the Agency. Allowable expenditures are defined as expenditures associated with work performed to meet the milestones for a specific reporting period. The Agency may withhold payment on invoices when the Grantee fails to accomplish the milestones stated in Attachment C. 11. Invoices: The Grantee shall submit invoices to the Agency Contract Administrator at least quarterly. The final invoice must be received by the Agency within forty -five (45) days following the end of the contract period. Amended or corrected invoices must be received by the Agency's Office of the Controller within six (6) months following the end of the contract period. The Agency WWI not pay any invoice received more than six (6) months after the end of the effective period. 12. Contract Administrators: All notices pen-rifted or required to be given by one party to the other, and all other questions about the Contract shall be addressed and delivered to the Parties' Contract Administrator. The name, post office address, street address, telephone number, fax number, and email address of the Parties' initial Contract Administrators are set out below Ether Party may change the name, post office address, street address, telephone number, fax number, or email address of its Contract Administrator or Principal Investigator or Key Personnel by giving timely written notice to the other Party. Any changes in the scope of the contract which increase or decrease the Grantee's compensation are not effective until approved in writing by the Agency's Head or Authorized Agent. Agency Contract Admi nistrator: Darren England NC DEQ DV\R 1611 MSC Raleigh, NC 27699 -1611 Telephone: 919- 707 -9013 En'Eil: darren.england(c4- cdenr.gov Board of ComrRiagOD%E799 August 1, 2016 ITEM: 6 - 2 - 3 GRANT CONTRACT NO. 6962 Grantee Contract Administrator: Grantee Principal Investigator or Key Personnel Layton Bedsole SAME New Hanover County 230 Government Center Drive VVInington, NC28403 Telephone: 910- 798 -7104 Email: lbedsol .00m 13. Grantee Principal Investigator or Key Personnel: The Grantee shall not substitute the Principal Investigator or Key Personnel assigned to the performance of this Contract Wthout prior written approval by the Agency Contract Adni nistrator. 14. Supplantation of Expenditure of Public Funds: 15. The Grantee assures that funds received pursuant to this Contract shall be used only to supplement, not to supplant, the total amount of Federal, State and local public funds that the Grantee otherwise expends for the Inshore Dredge Material Management Site services and related programs. Funds received under this Contract shall be used to provide additional public funding for such services; the funds shall not be used to reduce the Grantee's total expenditure of other public funds for such services. Board of ComrRiagOAagg August 1, 2016 ITEM: 6 - 2 - 4 GRANT CONTRACT NO. 6962 16. Grantee's Disbursements: As a condition of this Contract, Grantee acknowledges and agrees to make disbursements in accordance with the following requirements: a. Implement adequate internal controls over disbursements; b. Pre -audit aII vouchers presented for payment to determine: • Validity and accuracy of payment • Payment due date • Adequacy of documentation supporting payment • Legality of disbursement c. Assure adequate control of signature stamps/plates; d. Assure adequate control of negotiable instruments; and e. Implement procedures to ensure that account balance is solvent and reconcile the account monthly. 17. Outsourcing: The Grantee certifies that it has identified to the Agency all jobs related to the Contract that have been outsouroed to other countries, if any. Grantee further agrees that it will not outsouroe any such jobs during the term of this Contract without providing notice to the Agency and obtaining written approval from the Agency Contract Administrator prior to outsourcing. 18. E- Verify: As required by G.S. §143 -48.5 (Session Law 2013 -418), the Grantee certifies that it, and each of its subcontractors for any contract awarded as a result of this solicitation, complies with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes, including the requirement for each employer, with morethan 25 employees in North Carolina, toverify the work authorization of its employees through the federal E- Verify system. 19. Confidentiality: Each party shall be solely responsible for properly identifying any document(s) containing "CONFIDENTIAL" information. Anything that qualifies as a "TRADE SECRET" under State law must be designated as "CONFIDENTIAL. All "CONFIDENTIAL" documents shall be properly identified by conspicuously marking it "CONFIDENTIAL" at the top and bottom of each page. Any document(s) not properly identified as CONFIDENTIAL, prior to its release to the Agency, may be deemed a public record. 20. Records Retention: Records created or kept in connection with this Contract shall be maintained in accordance with the applicable retention polices of the Agency, and shall not be destroyed, purged or disposed of without the express written consent of the Agency. If any litigation, claim, negotiation, audit, disallowance action, or other action involving this Contract is initiated prior to expiration of the applicable retention period, the records must be retained until conpletion of the action and resolution of all issues arising therefrom, or until the end of the applicable retention period, whichever is later 21. Assurances For Non - Federally Funded Contracts: The GRANTEE certifies that with regard to: Debarment And Suspension - To the best of its knowledge and belief that it and its principals: (a) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal, State, or local government agency; (b) have not within a 3-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embez?Jement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) have not within a 3-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. Board of ComrHia40D&V99 August 1, 2016 ITEM: 6 - 2 - 5 GRANT CONTRACT NO. 6962 2. Lobbying - To the best of his or her knowledge and belief, that: (a) No Federal, State or local government appropriated funds have been paid or WWI be paid, by or on behalf of the undersigned, to any person for influendng or attempting to influence an officer or employee of any Federal, State or local government agency; a member of Congress, North Carolina's General Assembly or local government body; an officer or employee of Congress, North Carolina's General Assembly or local government body, or an employee of a member of Congress, North Carolina's General Assembly or local government body, in connection with the awarding of any Federal, State or local government contract, the making of any Federal, State or local government grant, the making of any Federal, State or local government loan, the entering into of any Federal, State or local govemment cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal, State or local government contract, grant, loan, or cooperative agreement. (b) If any funds other than Federal, State or local government appropriated funds have been paid or WWI be paid to any person for influencing or attempting to influence an officer or employee of any agency; a member of Congress, North Carolina's General Assembly or local government body; an officer or employee of Congress, North Carolina's General Assembly or local government body; or an employee of a member of Congress, North Carolina's General Assembly or local government body in connection Wth the Federal, State or local government contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying" in accordance Wth its instructions. 3. Druq -Free Work Place Requirements - It will c orrply by: (a) Publishing a statement notifying employees that the unla gul manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the Grantee's workplace and specifying the actions that WWI be taken against employees for violation of such prohibition; (b) Establishing a drug -free awareriess program to inform employees about - (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a) above; (d) Notifying the employee in the statement required by paragraph (a), above, that, as a condition of employment under the grant, the employee WWI - (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; (e) Notifying the agency Wthin ten days after receiving notice under subparagraph (d)(2), above, from an employee or otherwise receiving actual notice of such conviction; (f) Taking one of the following actions, Wthin 30 days of receiving notice under subparagraph (d)(2), above Wth respect to any employee who is so convicted - Board of ComrHia40DfiE799 August 1, 2016 ITEM: 6 - 2 - 6 GRANT CONTRACT NO. 6962 (1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (satisfactorily corrplete a) (g) Making a good faith effort to continue to maintain a drug -free workplace through irrplementation of paragraphs (a), (b), (c), (d), (e), and (f), above. 4. VVII cor ply with the provisions of the Equal Employment Practices Act set out in Article 49A of Chapter 143 of the North Carolina General Statutes. 5. VVII con-0y, as applicable, with the provisions of the V\bge and Hour Act, Occupational Safety and Health Act of North Carolina, Controlled Substance Exanination Regulation, Retaliatory Employment Discrimination, Safety and Health Programs and Committees, V\brkplace Violence and Prevention, and other applicable provisions of Chapter 95 of the North Carolina General Statutes regarding labor standards. 6. VVII comply with all applicable requirements of all other Federal, State and local government laws, executive orders, regulations and policies governing this program. Board of Comr&40D�EV99 August 1, 2016 ITEM: 6 - 2 - 7 GRANT CONTRACT NO. 6962 22. Signature V*nwity: The undersigned represent and warrant that they are authorized to bind their principals to the tern-is of this agreement. N.C.G.S. §133 -32 and Executive Order 24 prohibit the offer to, or acceptance by, any State Employee of any gift from anyone with a contract with the State, or from any person seeking to do business with the State. By execution of any response in this procurement, you (Grantee) attest, for your entire organization and its employees or agents, that you are not aware that any such gift has been offered, accepted, or promised by any employees of your organization. IN VUTNESS V\HEREOF, the Grantee and the Agency execute this agreement in two (2) originals, one (1) of which is retained by the Grantee and one (1) of which is retained by the Agency, the day and year first above written. NEW HANOVER COUNTY By. Grantee's Signature Typed / Printed Name Title NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUAI ITY Donald R van der Vaart, Secretary By. Departrnent Head's Signature or Authorized Argent Tom -N Kirby, Chief Financial Officer Type / Printed Name and Title Financial Services DivisiorVPurchasing and Contracts Section Division/Section Board of Comr&40D%E799 August 1, 2016 ITEM: 6 - 2 - 8 General Terms and Conditions Govemmental Eritities DEFINITIONS Unless indicated otherwise from the context, the following terms shall have the following meanings in this Contract. All definitions are from 9 NCAC 3M.0102 unless otherwise noted. If the rule or statute that is the source of the definition is changed by the adopting authority, the change shall be incorporated herein. (1) "Agency' (as used in the context of the definitions below) means and includes every public office, public officer or official (State or local, elected or appointed), institution, board, commission, bureau, council, department, authority or other unit of government of the State or of any county, unit, special district or other political sub - agency of government. For other purposes in this Contract, "Agency' means the entity identified as one of the parties hereto. (2) "Audit" means an examnation of records or financial accounts to verify their accuracy. (3) "Certification of Compliance" mans a report provided by the Agency to the Office of the State Auditor that states that the Grantee has met the reporting requirements established by this Subchapter and included a statement of certification by the Agency and copies of the submitted grantee reporting package. (4) "Compliance Supplement' refers to the North Carolina State Compliance Supplement, maintained by the State and Local Government Finance Agency within the North Carolina Department of State Treasurer that has been developed in cooperation with agencies to assist the local auditor in identifying program compliance requirements and audit procedures for testing those requirements. (5) "Contract" means a legal instrument that is used to reflect a relationship between the agency, grantee, and sub-grantee. (6) "Fiscal Year' means the annual operating year of the non-State entity. (7) "Financial Assistance" means assistance that non- State entities receive or administer in the form of grants, loans, loan guarantees, property (including donated surplus property), cooperative agreements, interest subsidies, insurance, food commodities, direct appropriations, and other assistance. Financial assistance does not include amounts received as reirTbursement for services rendered to individuals for Medicare and Medicaid patient services. (8) "Financial Statement" means a report providing financial statistics relative to a given part of an organization's operations or status. (9) "Grant" means financial assistance provided by an agency, grantee, or sub - grantee to carry out activities whereby the grantor anticipates no programmatic involvement with the grantee or sub - grantee during the perfornance of the grant. (10) " Gantee" has the meaning in G.S. 143C- 6- 23(a)(2): a non-State entity that receives a grant of State funds Attachment A DEQ Contract 6962 from a State agency, department, or institution but does not include any non-State entity subject to the audit and other reporting requirements of the Local Government Commission. For other purposes in this Contract, "Grantee" shall mean the entity identified as one of the parties hereto. For purposes of this contract, Grantee also includes other State agencies such as universities. (11) "Grantor' means an entity that provides resources, generally financial, to another entity in order to achieve a specified goal or objective. (12) "Non-State Entity' has the meaning in N.C.G.S. 143C- 1-1(d)(18): Afirm, corporation, partnership, association, county, unit of local government, public authority, or any other person, organization, group, or governmental entity that is not a State agency, department, or institution. (13) "Public Authority' has the meaning in N.C.G.S. 159- 7(10): A municipal corporation that is not a unit of local government or a local governmental authority, board, com mssion, council, or agency that (i) is not a municipal corporation, (ii) is not subject of the State Budget Act, and (iii) operates on an area, regional, or multiunit basis, and the budgeting and accounting systems of which are not fully a part of the budgeting and accounting systems of a unit of local government. (14) "Single Audit" means an audit that includes an examnation of an organization's financial statements, internal controls, and compliance with the requirements of Federal or State awards. (15) "Special Appropriation" means a legislative act authorizing the expenditure of a designated amount of public funds for a specific purpose. (16) "State Funds" means any funds appropriated by the North Carolina General Assembly or collected by the State of North Carolina. State funds include federal financial assistance received by the State and transferred or disbursed to non-State entities. Both Federal and State funds maintain their identity as they are sub-granted to other organizations. Pursuant to N.C.G.S. 143C &23(a)(1), the tears "State grant funds" and "State grants" do not include any payment made by the Medicaid program, the Teachers' and State Errployees' Comprehensive Mejor Medical Plan, or other similar medical programs. (17) "Sub- grantee" has the meaning in G.S. 143c -& 23(a)(4): a non-State entity that receives a grant of State funds from a grantee or from another sub-grantee but does not include any non-State entity subject to the audit and other reporting requirements of the Local Government Commission. Board of Commissioners - August 1, 2016 ITEM: 6 - 2 - 9 (18) "Unit of Local Government has the meaning in G.S. 159-7(b)(15): A municipal corporation that has the power to levy taxes, including a consolidated city - county as defined by G.S. 160 &2(1), and all boards, agencies, commissions, authorities, and institutions thereof that are not municipal corporations. Relationships of the Parties Independent Contractor: The Grantee is and shall be deemed to be an independent contractor in the performance of this Contract and as such shall be wholly responsible for the work to be performed and for the supervision of its employees. The Grantee represents that it has, or shall secure at its own expense, all personnel required in performing the services under this agreement. Such employees shall not be employees of, or have any individual contractual relationship with, the Agency. Subcontracting: To subcontract work to be performed under this contract which involves the specialized skill or expertise of the Grantee or his employees, the Grantee first obtains prior approval of the Agency Contract Administrator. In the event the Grantee subcontracts for any or all of the services or activities covered by this contract: (a) the Grantee is not relieved of any of the duties and responsibilities provided in this contract; (b) the subcontractor agrees to abide by the standards contained herein or to provide such infommation as to allow the Grantee to comply with these standards, and; (c) the subcontractor agrees to allow state and federal authorized representatives access to any records pertinent to its role as a subcontractor. Sub-grantees: The Grantee has the responsibility to ensure that all sub-grantees, if any, provide all information necessary to permit the Grantee to corrply with the standards set forth in this Contract. Assignment: The Grantee may not assign the Grantee's obligations or the Grantee's right to receive payment hereunder. However, upon Grantee's written request approved by the issuing purchasing authority, the Agency may: (a) Forward the Grantee's payment check(s) directly to any person or entity designated by the Grantee, or (b) Include any person or entity designated by Grantee as a joint payee on the Grantee's payment check(s). Such approval and action does rot obligate the State to anyone other than the Grantee and the Grantee remains responsible for fulfillment of all contract obligations. Attachment A DEQ Contract 6962 third person receiving services or benefits under this Contract is an incidental beneficiary only. Indernnity Indemnification: In the event of a claim against either party by a third party arising out of this contract, the party whose actions gave rise to the claim is responsible for the defense of the claim and any resulting liability, provided that a party may not waive the other party's sovereign immunity or similar defenses. The parties agree to consult with each other over the appropriate handling of a claim and, in the event they cannot agree, to consult with the Office of the Attorney General. Insurance: During the term of the contract, the Grantee at its sole cost and expense provides commercial insurance of such type and with such terms and limits as may be reasonably associated with the contract. As a minimum, the Grantee provides and maintains the following coverage and lints: (a) Worker's Compensation: The Grantee provides and maintains \Abrker's Compensation insurance as required by the laws of North Carolina, as well as employer's liability coverage with minimum lints of $500,000.00, covering all of Grantee's employees who are engaged in any work under this contract. If any work is sublet, the Grantee requires the subgrantee to provide the same coverage for any of his employees engaged in any work under this contract. (b) Commercial General Liability: General Liability Coverage on a Comprehensive Broad Fomn on an occurrence basis in the minimum amount of $1,000,000.00 Combined Single Lint. (Defense cost shall be in excess of the limit of liability.) (c) Automobile: Automobile Liability Insurance, to include liability coverage, covering all owned, hired and non -owned vehicles used in performance of the contract. The minimum combined single lint is $500,000.00 bodily injury and property damage; $500,000.00 uninsured/under insured motorist; and $25,000.00 medical payment. Providing and maintaining adequate insurance coverage is a material obligation of the Grantee and is Beneficiaries: Except as herein specifically provided otherwise, of the essence of this contract The Grantee may this Contract inures to the benefit of and is binding upon the parties hereto and their respective successors. It is expressly understood and agreed that the enforcement of the terms and conditions of this Contract, and all rights of action relating to such enforcement, are strictly reserved to the Agency and the named Grantee. Nothing contained in this document shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of the Agency and Grantee that any meet its requirements of maintaining specified coverage and lints by demonstrating to the Agency that there is in force insurance with equivalent coverage and lints that will offer at least the same protection to the Agency. Grantee obtains insurance that meets all laws of the State of North Carolina. Grantee obtains coverage from companies that are authorized to provide such coverage and that are th ;__14 b th Co f l t d au oriz y e mmyssioner o nsurance o 0 business in North Carolina. The Grantee complies at Board of Commissioners - August 1, 2016 ITEM: 6 - 2 - 10 all times with the terms of such insurance policies, and all requirements of the insurer under any such insurance policies, except as they may conflict with existing North Carolina laws or this contract. The limits of coverage under each insurance policy maintained by the Grantee do not limit the Grantee's liability and obligations under the contract. Default and Termination Termination by Mutual Consent: Either parry may terminate this agreement upon thirty (30) days notice in writing from the other party. In that event, all finished or unfinished documents and other materials, at the option of the Agency, be submitted to the Agency. If the contract is terminated as provided herein, the Grantee is paid in an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Grantee covered by this agreement; for costs of work performed by subcontractors for the Grantee provided that such subcontracts have been approved as provided herein; or for each full day of services performed where compensation is based on each full day of services performed, less payment of compensation previously made. The Grantee repays to the Agency any compensation the Grantee has received which is in excess of the payment to which he is entitled herein. Termination for Cause: If, through any cause, the Grantee fails to fulfill in timely and proper manner the obligations under this agreement, the Agency thereupon has the right to terminate this contract by giving written notice to the Grantee of such termination and specifying the reason thereof and the effective date thereof. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Grantee, at the option of the Agency, be submitted to the Agency, and the Grantee is entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. The Grantee is not relieved of liability to the Agency for damages sustained by the Agency by virtue of any breach of this agreement, and the Agency may withhold payment to the Grantee for the purpose of set off until such time as the exact amount of damages due the Agency from such breach can be determined. Waiver of Default: VNbiver by the Agency of any default or breach in compliance with the terms of this Contract by the Grantee is not a waiver of any subsequent default or breach and is not a modification of the terms of this Contract unless stated to be such in writing, signed by an authorized representative of the Agency and the Grantee and attached to the contract. Availability of Funds: The parties to this Contract agree and understand that the payment of the sums specified in this Contract is dependent and contingent upon and subject to the appropriation, allocation, and availability of funds for this purpose to the Agency. Attachment A DEQ Contract 6962 Force Majeure: Neither party is in default of its obligations hereunder if it is prevented from performing such obligations by any act of war, hostile foreign action, nuclear explosion, riot, strikes, civil insurrection, earthquake, hurricane, tomado, or other catastrophic natural event or act of God. Survival of Promises: All promises, requirements, terms, conditions, provisions, representations, guarantees, and warranties contained herein shall survive the contract expiration or termination date unless specifically provided otherwise herein, or unless superseded by applicable Federal or State statutes of limitation. Intellectual Property Rights Copyrights and Ownership of Deliverables: Any and all copyrights resulting from work under this agreement shall belong to the Grantee. The Grantee hereby grants to the North Carolina Department of Environmental Quality a royalty -free, non - exclusive, paid -up license to use, publish and distribute results of work under this agreement for North Carolina State Government purposes only. Compliance with Applicable Laws Compliance with Laws: The Grantee understands and agrees that it is subject to compliance with all laws, ordinances, codes, rules, regulations, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and/or authority. Equal Employment Opportunity: The Grantee understands and agrees that it is subject to compliance with all Federal and State laws relating to equal employment opportunity. Confidentiality Confidentiality: As authorized by law, the Grantee keeps confidential any information, data, instruments, documents, studies or reports given to or prepared or asserrbled by the Grantee under this agreement and does not divulge or make them available to any individual or organization without the prior written approval of the Agency. The Grantee acknowledges that in receiving, storing, processing or otherwise dealing with any confidential information it will safeguard and not further disclose the information except as otherwise provided in this Contract or without the prior written approval of the Agency. Oversight Access to Persons and Records: The State Auditor and the using agency's internal auditors shall have access to persons and records as a result of all contracts or grants entered into by State agencies or political subdivisions in accordance with General Statute 147 -64.7 and Session Law 2010 -194, Section 21 (i.e., the State Auditors and internal auditors may audit the records of the contractor during the term of the contract to verify accounts and data affecting fees or performance). The Contractor shall retain all records for a period of six (6) years Board of Commissioners - August 1, 2016 ITEM: 6 - 2 - 11 following completion of the contract or until any audits begun during this period are completed and findings resolved, whichever is later. Record Retention: The Grantee may not destroy, purge or dispose of records without the express written consent of the Agency. State basic records retention policy requires all grant records to be retained for a minimum of six (6) years or until all audit exceptions have been resolved, whichever is longer. If the contract is subject to Federal policy and regulations, record retention may be longer than six (6) years since records must be retained for a period of three years following submission of the final Federal Financial Status Report, if applicable, or three years following the submission of a revised final Federal Financial Status Report. Also, if any litigation, claim, negotiation, audit, disallowance action, or other action involving this Contract has started before expiration of the six (6) year retention period described above, the records must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular six (6) year period described above, whichever is later. Time Records: The GRANTEE will maintain records of the time and effort of each employee receiving compensation from this contract, in accordance with the appropriate CNB circular. Miscellaneous Chace of Law. The validity of this Contract and any of its terms or provisions, as well as the rights and duties of the parties to this Contract, are governed by the laws of North Carolina. The Grantee, by signing this Contract, agrees and submits, solely for matters concerning this Contract, to the exclusive jurisdiction of the courts of North Carolina and agrees, solely for such purpose, that the exclusive venue for any legal proceedings shall be V\bke County, North Carolina. The place of this Contract and all transactions and agreements relating to it, and their situs and forum, shall be V\bke County, North Carolina, where all matters, whether sounding in contract or tort, relating to the validity, construction, interpretation, and enforcement shall be determined. Amendment: This Contract may not be amended orally or by performance. Any amendment must be made in written form and executed by duly authorized representatives of the Agency and the Grantee. Severability: In the event that a court of competent jurisdiction holds that a provision or requirement of this Contract violates any applicable law, each such provision or requirement shall continue to be enforced to the extent it is not in violation of law or is not otherwise unenforceable and all other provisions and requirements of this Contract shall remain in full force and effect. Pleadings: The Section and Paragraph headings in these General Terms and Conditions are not material parts of the agreement and should not be used to construe the meaning thereof. Attachment A DEQ Contract 6962 Time of the Essence: Time is of the essence in the performance of this Contract. Care of Property: The Grantee agrees that it is responsible for the proper custody and care of any State owned property furnished him for use in connection with the performance of his contract and will reimburse the State for its loss or damage. Ownership of equipment purchased under this contract rests with the Agency. Upon approval of the Agency Contract Administrator, such equipment may be retained by the Grantee for the time the Grantee continues to provide services begun under this contract. Travel Expenses: All travel, lodging, and subsistence costs are included in the contract total and no additional payments will be made in excess of the contract amount indicated in above. Contractor must adhere to the travel, lodging and subsistence rates established in the Budget Manual for the State of North Carolina. Sales/Use Tax Refunds: If eligible, the Grantee and all sub - grantees shall: (a) ask the North Carolina Department of Revenue for a refund of all sales and use taxes paid by them in the performance of this Contract, pursuant to G.S. 105 - 164.14; and (b) exclude all refundable sales and use taxes from all reportable expenditures before the expenses are entered in their reirrburser ent reports. Advertising: The Grantee may not use the award of this Contract as a part of any news release or commercial advertising. Recycled Paper: The Grantee ensures that all publications produced as a result of this contract are printed double -sided on recycled paper. Sovereign Immunity: The Agency does not waive its sovereign immunity by entering into this contract and fully retains all immunities and defenses provided by law with respect to any action based on this contract. Gratuities, Nckbacks or Contingency Feels): The parties certify and warrant that no gratuities, kickbacks or contingency fee(s) are paid in connection with this contract, nor are any fees, commissions, gifts or other considerations made contingent upon the award of this contract. Lobbying: The Grantee certifies that it (a) has neither used nor will use any appropriated funds for payments to lobbyist; (b) will disclose the name, address, payment details, and purpose of any agreement with lobbyists whom the Grantee or its sub -tier contractor(s) or sub - grantee(s) will pay with profits or non - appropriated funds on or after December 22, 1989; and (c) will file quarterly updates about the use of lobbyists if material changes occur in their use. Board of Commissioners - August 1, 2016 ITEM: 6 -2-12 Attachment A DEQ Contract 6962 By Executive Order 24, issued by Governor Perdue, and N.C. G.S.§ 133 -32: It is unlawful for any vendor or contractor ( i.e. architect, bidder, contractor, construction manager, design professional, engineer, landlord, offeror, seller, subcontractor, supplier, or vendor), to make gifts or to give favors to any State employee of the Governor's Cabinet Agencies (i.e., Administration, Commerce, Correction, Crime Control and Public Safety, Natural and Cultural Resources, Environmental Quality, Health and Human Services, Juvenile Justice and Delinquency Prevention, Revenue, Transportation, and the Office of the Governor). This prohibition covers those vendors and contractors who: (1) have a contract with a governmental agency; or (2) have performed under such a contract within the past year; or (3) anticipate bidding on such a contract in the future. For additional information regarding the specific requirerrents and exemptions, vendors and contractors are encouraged to review Executive Order 24 and G.S. Sec. 133 -32. Executive Order 24 also encouraged and invited other State Agencies to implement the requirements and prohibitions of the Executive Order to their agencies. Vendors and contractors should contact other State Agencies to determine if those agencies have adopted Executive Order 24." Board of Commissioners - August 1, 2016 ITEM: 6 -2-13 Attachment B DEQ Contract 6962 Water Resources Development Proiect Grant Program Electronic Application Instructions: Download and complete this form through Item I. Email the form as an attachment, along with Items II through V, to ieff.bruton(kncdenr.gov. Date: Proiect Name: Water Bodv: County: River Basin: Coordinates in WGS -84 ( -EW d.ddd, NS d.ddd) Eligible Purpose: Amount Requested: $ Is the amount being requested the same as the amounts provided in the: Resolution ? Budget =9 I. Sponsor and Primary Contact Information - (h is the applicant's responsibility to update this information as necessary) Project Sponsor (from Resolution) Unit of Local Government Signatory (Name and Title) U.S. Postal Mailing Address Ten -digit Telephone Number Email Address P_ rimary Contact Name U.S. Postal Mailing Address Ten -digit Telephone Number Email Address H. Official Resolution: III. Proiect Narrative: IV. Proiect Plan and Location Mau: V. Project Budget: Board of Commissioners - August 1, 2016 ITEM: 6 -2-14 Attachment C DEQ Contract 6962 North Carolina Division of Water Resources Water Resources Development Grant Application Carolina Beach Inlet Inshore Dredge Material Management Site Regulatory Authorizations Carolina Beach Inlet, Circa 2010 Submitted by New Hanover County 7 June 2016 Board of Commissioners - August 1, 2016 ITEM: 6 -2-15 Attachment C DEQ Contract 6962 Date: 7 June 2016 Project Name: Inshore Dredge Material Management Site Water Body: Carolina Beach Inlet Complex County: New Hanover County River Basin: Cape Fear River Project Sponsor: New Hanover County Chris Coudriet, County Manager 230 Government Center Drive Wilmington, NC 28403 Primary Contact: H. Layton Bedsole Jr., R.E.M. Shore Protection Coordinator 230 Government Center Drive Suite 160 Wilmington, NC 28403 Phone: 910 - 798 -7104 Email lbedsolegnhcgov.com 2 Board of Commissioners - August 1, 2016 ITEM: 6 -2-16 Attachment C DEQ Contract 6962 Proiect Overview New Hanover County's (NHC) beaches and inlets are major coastal infrastructure features of targeted business lines within the local municipalities, NHC and North Carolina (NC). As coastal infrastructure, Carolina Beach Inlet (CBI) is an integral part of small businesses; the tourism industry; public recreation and NC's commercial /recreational /for -hire fisheries_ CBI is located within unincorporated NHC approximately 1.4 miles north of Carolina Beach's town limits. NHC and the NC Division of Water Resources (NCDWR), through contracted use of the federal dredge fleet, have proactively attempted to maintain CBI at the federally authorized dimensions of -8 feet (ft.) ( ±2 ft.) in depth at mean low water (MLW) and with a bottom toe width of 150 ft. (USAGE 1980). NHC is proposing more efficient use of existing maintenance capabilities within the CBI complex. NHC attempts to maintain CBI quarterly and when federally funded, the USACE maintains the Atlantic Intracoastal Waterway (AIWW) crossing every two years. A NHC CBI maintenance strategy is to facilitate hopper dredges in the late winter and early fall while ensuring hopper dredge access depths with supplemental side casting events in the winter and summer. In 1970, the USACE incorporated an engineered sediment trap located in CB Inlet's throat. This sediment trap is the source of beach quality sand accessed for the CB coastal storm damage reduction (CSDR) project's maintenance events (USACE 1970). The CBI engineered borrow site has been used for beach quality sand since 1981 (USACE 1993). Figure 1. 3 Board of Commissioners - August 1, 2016 ITEM: 6 -2-17 Attachment C DEQ Contract 6962 In 2012, NHC was issued individual permits that allow the continued maintenance of the CB CSDR project as the USACE has implemented over the past 50 years. The NC Division of Coastal Management (NCDCM) Major Permit #138 -12 issued on 12/21/12 included use of the CBI engineered borrow site. In 2014, NHC approached the USACE Navigation Branch with alternative sediment management practices which incorporated improved inlet maintenance efforts. Per the USACE, there are no funding mechanisms available for modifying the USACE's CBI sediment management authorizations (Personal communication, USACE Wilmington District, Legal). In May 2016, NHC was issued state and federal permits to maintain CBI just as the USACE has for the past several decades (NCDCM Major Permit #50 -16, issued on 5/5/16). NHC is now requesting to modify the recently issued CBI permit allowing improved approaches to CBI maintenance dredge material management practices. NHC is requesting authorization to multi - purpose the engineered borrow site as an inshore dredge material management site (IDMMS) (Figure 1). There are no inlet template modifications associated with this request. NHC requests a broader access of dredge material management that is ecologically sound, based on good engineering and is economically justified as described below. Improvement Challenges Considering the number of East Coast and Gulf Coast shallow draft channels maintained by the USACE's 3- vessel dredge fleet, scheduling plant accessibility is "as available" more so than "as preferred /planned." The CBI complex's sediment management techniques currently include side channel placement (sidecast dredge plant Merritt), near shore placement (hopper dredge plants Murden and Currituck) and beneficial shoreline placement (private sector, hydraulic pipeline). An ongoing challenge within the USACE's process is the inability to mix operation and maintenance funds (inlet maintenance) with construction general funds (CSDR operations). As such, optimizing dredge material management within two separate USACE business lines is somewhat cumbersome if not impossible. Additionally, federal responsibilities are being pushed to the local levels as a result of national priorities. As such, local entities are exploring alternatives that retain their coastal infrastructures' purpose and needs in protocols that are considered as well engineered, ecologically sustainable and economically viable. 2 Board of Commissioners - August 1, 2016 ITEM: 6 -2-18 Attachment C DEQ Contract 6962 Proposed Modifications NHC is proposing the ability to multi - purpose the engineered borrow site as an IDMMS facilitating continued beneficial reuse within the CB CSDR template (Figure 2). Figure 2. (1) NHC proposes placing beach quality maintenance dredge material in the IDMMS by hopper dredge as an alternative to the nearshore placement area two miles south of the inlet. This approach would improve the hopper dredges' effective operational periods by reducing transit times, fuel consumption and limiting wave conditions for surf access. This capability would strategically stage beach compatible material within a currently authorized engineered site for future beneficial reuse. NHC proposes the same hopper dredge access to the AIWW crossing with the same beneficial reuse management. (2) NHC proposes a modified hydraulic pipeline alignment that positions a Tremie pipe discharge configuration facilitating positional placement of beach quality material within the IDMMS. This modified approach could be applicable to the USACE's AIWW crossing maintenance work as well as other CBI connecting channel reaches. These modified approaches could minimize potential effects on shorebirds, sea turtles, near - shore fisheries and benthics. 5 Board of Commissioners - August 1, 2016 ITEM: 6 -2-19 Attachment C DEQ Contract 6962 Regional Benefits Diversifying dredge material management options allow more flexibility within the USACE's shallow draft dredge fleet. Allowing multi - purpose use of the IDMMS, hopper dredges can reduce their travel distance to and from the current nearshore disposal area (Figure 3). This reduction in travel distance could significantly reduce the cost /yard of maintenance dredging in CBI. Figure 3. Board of Commissioners - August 1, 2016 ITEM: 6 -2-20 Attachment C DEQ Contract 6962 Use of the IDMMS could potentially reduce resource effects during maintenance dredging events. The hopper dredges would be using an engineered borrow site (40 ft. depth) as opposed to ocean front nearshore bottoms. These surf zone bottoms are considered valuable areas to juvenile finfish, sea turtles, shorebirds, benthic and epi- benthic species. A hydraulic pipeline including a Tremie discharge configuration could also avoid potential effects by minimizing pipeline alignments along the dune line, the potential nearshore effects previously mentioned as well as critical habitat for specific shorebirds and sea turtles. As an access channel to the Atlantic Ocean, many of our visitors as well as NC and NHC residents use CBI. If maintained at authorized dimensions, CBI may result in an annual sales output of $76.1M and a NHC employment base of 584 jobs (Dumas and Whitehead 2014). The NC Beach & Inlet Management Plan (BIMP) Table IV -12 (For -hire Fishery, Passenger Direct Spending) when compared to an approximate annual maintenance dredging budget of $500K results in an approximate $17 return on each maintenance dredging dollar spent. Such economic drivers mandate our continued efforts to improve maintenance dredge material management strategies. A subtle but significant result of the IDMMS is to further NHC's management of beach quality sand. Maintaining and managing sources of beach quality sand will be vital to the future of NHC's coastal storm damage reduction projects. Implementation of the IDMMS would be a step toward that goal. Proposed Permitting Approach NHC suggests current and detailed resource documentation is within the federal and state agencies' data bases from recent NHC permitting efforts. This documentation includes the 2012 Carolina Beach CSDR permitting [Biological Assessment (BA), Essential Fish Habitat (EFH) Assessment, US Fish and Wildlife Service's Biological Opinion (BO) and DCM Major Permit]; the 2015 Kure Beach CSDR permitting (BA, EFH, BO, DCM Major Permit Modification); the pending 2016 Wrightsville Beach CSDR permitting (BA, EFH, BO, DCM Major Permit Modification); the 2016 shallow draft inlets' permitting (BA, EFH, BO, DCM Major Permit) and a 2015 revised BO for the Mason Inlet Relocation Project. All geotechnical, biological and operational information associated with these projects is currently on file and is proposed to be referenced as necessary for the proposed permit modification package. 7 Board of Commissioners - August 1, 2016 ITEM: 6 -2-21 Attachment C DEQ Contract 6962 Proiect Budget The following proposed budget is for the state and federal permitting efforts authorizing the multi -use of the IDMMS. Project Name: Inshore Dredge Material Management Site (IDMMS) Permitting Carolina Beach Inlet Other Non- Federal Federal Contributi Category DWR Local Match Match on Total Match Total Project Management $ 666.60 $ 2.000.00 Cashl $ 1,333.40 1 $ 666.60 In -kind Design/Engineering Services 1 $ 286.64 $ 860.00 Cash $ 573.36 1 $ 286.64 In -kind Environmental Permitting 1 $ 6,004.40 $ 18,015.00 Cash $ 12,010.60 1 $ 6,004.40 1 1 In -kind Geotechnical Services $ 423.29 $ 1,270.00 Cash $ 846.71 1 $ 423.29 1 1 In -kind Survey Cash $ - $ - $ - $ - In -kind Construction Management Cash $ - $ - $ - $ - In -kind Construction Cash $ $ $ $ In -kind Construction Mobilization Cash $ - $ - $ - $ - In -kind Plant Materials Cash In -kind Essential Fish HabitatBiologial Assessement (contingency) Cash $ 6,002.97 1 $ 3.001.03 $ 3,001.03 $ 9,004.00 In -kind Monitoring (MHWIJAerial) Cash $ - 1 $ - $ - $ - In -kind Land Cash In -kind Cash Sub -total $ 20,767.04 $ 10,381.96 - - $ 10,381.96 $ 31,149.00 In -kind Sub -total - - - Total $ 20,767.04 $ 10,381.96 - - $ 10,381.96 $ 31,149.00 DWR Total $ 20767.04 $ 10,381.96 "cat Total Project Total 1 $ 31,149.00 66.67% $ 317149.00 Project Total DWR %Participation 33.33% Local Participationi Board of Commissioners - August 1, 2016 ITEM: 6 -2-22 Attachment C DEQ Contract 6962 f nnrincinn The IDMMS is proposed to improve channel maintenance options in terms of maintenance dredge material management. The CBI complex includes a connecting channel from the AIWW crossing through two healthy inlet shoulders to the Atlantic Ocean. The CBI has an authorized depth of -8 ft. ( ±2 ft.) MLW with a bottom toe width of 150 ft. NHC is requesting a Water Resources Development Project Grant supporting the federal and state permitting of an IDMMS. The proposed options can improve the maintenance dredge material management within the CBI complex. The maintenance material has been confirmed as beach quality and the management options have shown not to result in significant resource effects. The applicable project costs are —$31K and NHC is submitting a grant request of 66.67% or —$21K of the IDMMS's federal and state authorization efforts. NHC will meet the remaining 33.33 %. All project reimbursements will be supported by invoices received and approved by the NHC project manager. The NHC Board of County Commissioners has passed a resolution supporting this grant request (attached). NHC humbly requests this Water Resources Development Project Grant of —$21K for the permitting of the CBI IDMMS. References: Dumas and Whitehead 2014. The Economic Impacts of Carolina Beach Inlet Navigability. Dr. Chris Dumas Dept. Economics & Finance, UNC- Wilmington and Dr. John Whitehead Dept. Economics, Appalachian State University. September 15, 2014. NHC 2011. New Hanover County Contingency Plan. 2011. Coastal Planning and Engineering. Wilmington, NC. May 2011. USACE 1970. Investigation of Erosion, Carolina Beach NC. Wilmington District. 1970. USACE 1980. Detailed Project Report on Improvement of Navigation, Carolina Beach Inlet, NC. June 1980. USACE 1993. Section 934 Re- evaluation Report and Environmental Assessment Carolina Beach and Vicinity - Carolina Beach Portion, Carolina Beach, NC. February 1993. 9 Board of Commissioners - August 1, 2016 ITEM: 6 -2-23 Attachment C DEQ Contract 6962 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION SUPPORTING THE ONGOING MANAGEMENT AND MAINTENANCE OF CAROLINA BEACH INLET WHEREAS, the New Hanover County (NHC) Board of Commissioners supports the ongoing management and maintenance of Carolina Beach Inlet through a coordinated effort facilitating the implementation of an inshore dredge material management site (IDMMS). NOW, THEREFORE, BE IT RESOLVED, by the New Hanover County Board of Commissioners that: 1) The Board requests the State of North Carolina (NU) to provide financial assistance to New Hanover County's coordination and authorization of the IDMMS in the amount of $21,000 or 66.67% of the project's federal and state permitting and authorization costs; and 2) NHC assumes full obligation for payment of the balance of permitting costs; and 3) NHC holds all necessary NC and federal permits for modifying; and 4) NHC has complied with all applicable laws governing the award of contracts and the expenditure of public funds by local governments; and 5) NHC has obtained suitable dredge material disposal areas as needed and all other easements or rights -of -way that may be necessary for the project implementation without cost or obligation to NC; and 6) NHC has assured that the inlet is available for use by the public on an equal basis; and 7) NHC will hold NC harmless from any damages that may result from the construction, operation and maintenance of the project. ADOPTED this the 6t` day of June, 2016. NEW HANOVER COUNTY Beth Dawson, Chairman F.1111 U-NAW Teresa P. Elmore, Clerk to the Board Board of Commissioners - August 1, 2016 ITEM: 6 -2-24 Water Resources ENVIPONMENTAL QUALITY June 17, 2016 Mr. Chris Coudriet County Manager New Hanover County 230 Government Center Drive Wilmington, North Carolina 28403 Dear Mr. Coudriet, Attachment D DEQ Contract 6962 PAT MCCRORY DONALD R. VAN DER VAART S_ JAY ZIMMERMAN I am pleased to announce that $21,000 in financial assistance for the "Carolina Beach Inlet Dredging Permit Modification Project (IDMMS)" has been tentatively approved by the State of North Carolina. The award is pending the successful execution of a grant contract between the State and your county. I congratulate you and the New Hanover County Board of Commissioners ( NCCBC) on the sponsorship of this project. These funds will provide financial assistance to the County to complete the permit modification process for future maintenance dredging of Carolina Beach Inlet. The modification will allow for increased efficiency in the long term management of the inlet and help maximize the use of State and County dredge funding. You and the NCHBC are to be commended for this effort to minimize cost, increase maintenance efficiency, all while keeping the channel safe and navigable. The Division of Water Resources of the Department of Environmental Quality will be contacting your Shore Protection Coordinator concerning the grant contract and the administrative requirements for the use of state funds for this project. Sincerely, k S. Jay e an, P.G. Director, N.C. Division of Water Resources cc: Mr. Layton Bedsole, NHC Shore Protection Coordinator Nothing Compares'-'--k ,�-- State ofNerth Carolina I Envirownental Quality j Water Resources 1511 Mail Service Center L Raleigh, North Carolin 2 69 - Board of Comr>��;§ - Augusl T(' M Attachment E DEQ Contract 6962 CERTIFICATION OF ELIGIBILITY Under the Iran Divestment Act Pursuant to G.S. 147 - 86.59, any person identified as engaging in investment activities in Iran, determined by appearing on the Final Divestment List created by the State Treasurer pursuant to G.S. 147 - 86.58, is ineligible to contract with the State of North Carolina or any political subdivision of the State. The Iran Divestment Act of 2015, G.S. 147 -86.55 et seq.* requires that each vendor, prior to contracting with the State certify, and the undersigned on behalf of the Vendor does hereby certify, to the following: that the vendor is not identified on the Final Divestment List of entities that the State Treasurer has determined engages in investment activities in Iran; 2. that the vendor shall not utilize on any contract with the State agency any subcontractor that is identified on the Final Divestment List; and 3. that the undersigned is authorized by the Vendor to make this Certification. Vendor: Cz;! ............ ............................... III .........................I ! TjhobuvsF !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!Ebtf ! ........................... .....nr........................ Q jotf e!Obn f The State Treasurer's Final Divestment List can be found on the State Treasurer's website at the address: https: / /www.nctreasurer.com/ inside - the - department /OpenGovernment /Pages/ Iran - Divestment - Act- Resources.aspx and will be updated every 180 days. For questions about the Department of State Treasurer's Iran Divestment Policy, please contact Meryl Murtagh at MeryLMurtagh @nctreasurer.com or (919) 814 -3852. * Note: Enacted by Session Law 2015 -118 as G.S. 143C -55 et seq., but has been renumbered for codification at the direction of the Revisor of Statutes. Board of Commissioners - August 1, 2016 ITEM: 6 -2-26 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: August 1, 2016 REGULAR DEPARTMENT: Governing Body PRESENTER(S): Chairman Beth Dawson CONTACT(S): Chairman Beth Dawson SUBJECT: Consideration of Proclamation to Declare August 2016 as Coast Guard Month in New Hanover County BRIEF SUMMARY: Chairman Beth Dawson is requesting the Board consider adopting a proclamation to declare August 2016 as Coast Guard Month in New Hanover County. USCG Sector North Carolina Commander Patricia Hill and USCG Cutter DILIGENCE Commander Matt Carter have been invited to attend and receive the proclamation. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: Coast Guard Month Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners - August 1, 2016 ITEM: 7 NEW HANOVER COUNTY BOARD OF COMMISSIONERS COAST GUARD MONTH PROCLAMATION WHEREAS, Congress authorized Secretary of the Treasury, Alexander Hamilton, to create a maritime service, the Revenue Marine, to enforce customs laws on August 4, 1790. The Service's name, "Coast Guard," was made official when President Woodrow Wilson signed into law the "Act to Create the Coast Guard," an act passed by Congress on January 20, 1915, that combined the Life - Saving Service and Revenue Cutter Service (previously known as the Revenue Marine); and WHEREAS, the United States Coast Guard (USCG), is our Nation's oldest continuous seagoing service and the world's premiere maritime safety and marine law enforcement agency; and WHEREAS, the USCG will be celebrating its 226' birthday on August 4, 2016; and WHEREAS, New Hanover County has served as home port for numerous USCG ships, units and detachments, including the original Revenue Cutter DILIGENCE; and WHEREAS, Wilmington, NC was the first city on the East Coast to receive the honor of being designated as a "Coast Guard City" in 2003 and recertified in 2008 and 2013; and WHEREAS, New Hanover County hosts over 600 men and women serving with USCG Sector North Carolina, USCG Station Wrightsville Beach, USCG Cutter DILIGENCE and the various USCG Reserve and Auxiliary personnel who augment these USCG activities; and WHEREAS, the New Hanover County Board of Commissioners pauses to express our gratitude, mindful that words and ceremonies are not enough and that our thanks extend not only to the men and women of the USCG, but also to their families who serve alongside them. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that August 2016 be recognized as COAST GUARD MONTH in New Hanover County, and that all citizens are urged to 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 nation. ADOPTED this the I't day of August, 2016. NEW HANOVER COUNTY Beth Dawson, Chairman ATTEST: Teresa P. Elmore, Clerk to the Board Board of Commissioners - August 1, 2016 ITEM: 7 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: August 1, 2016 REGULAR DEPARTMENT: Tax PRESENTER(S): Roger Kelley, Tax Administrator CONTACT(S): Roger Kelley SUBJECT: Presentation on Proposed 2017 Schedule of Values BRIEF SUMMARY: The proposed Schedules, Standards, and Rules for 2017 are submitted per NC General Statute 103- 317(c). A copy of the Schedules are presented to the Board of Commissioners for consideration of approval. A Public Hearing on the Schedule of Values will be held at the regular Board of Commissioners meeting on August 22, 2016 at 9:00 a.m. or thereafter. Approval by the Board of Commissioners will be scheduled for the September 6, 2016 meeting. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Request motion to schedule a Public Hearing regarding the 2017 Schedule of Values for August 22, 2016. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Hear presentation and schedule a public hearing on August 22, 2016. COMMISSIONERS' ACTIONS: Heard presentation and scheduled a public hearing on August 22, 2016 by a vote of 4 -0. Board of Commissioners - August 1, 2016 ITEM: 8 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: August 1, 2016 REGULAR DEPARTMENT: Planning PRESENTER(S): Brad Schuler, Current Planner (Planning Board Rep: Dave Weaver) CONTACT(S): Brad Schuler; Ben Andrea, Current Planning & Zoning Supervisor; Ken Vafier, Planning Manager; and Chris O'Keefe, Planning & Inspections Director SUBJECT: Public Hearing Rezoning Request (Z -959, 7/16) — Request by Paramounte Engineering, Applicant, on Behalf of the Property Owners, Raleigh Wilmington Investors, LLC, Greenstick Acquisitions, LLC, and Henna S. Duncan, to Rezone 17.42 Acres Located at the 2400 Block of Middle Sound Loop Road from R -20S, Residential District, to (CZD) R -20, Conditional Residential District, in Order to Develop a 32 -Lot Performance Residential Subdivision BRIEF SUMMARY: The property is classified as Watershed Resource Protection in the 2006 CAMA Land Use Plan. The property proposed to be rezoned consists of four parcels of land totaling 17.42 acres. It is located at the 2400 block of Middle Sound Loop Road and was zoned R -20 when zoning was initially applied to this area in 1970. In 1988, the property was included in a rezoning application (Z -335) which rezoned 850+ acres of land located along the eastern portion of Middle Sound to R -20S. The 1988 application was initiated and requested by a Middle Sound community group called "Middle Sound Lookout," and was in response to the adoption of a small area plan for the community, "Middle Sound /Ogden ... Future Directions," a year prior. The basis for the rezoning application was one of four potential zoning options recommended by the small area plan for the community. The zoning and land uses in the area are entirely residential. The subject property is surrounded by R -20S zoning. To the north, there is land zoned R -20 and R -15. Subdivisions in the area include Anchors Bend, Stoney Brook, Ocean View, Glenarbor, and Middle Point. The R -20S zoning district prohibits performance residential developments and requires every lot to be a minimum of 20,000 square feet. By rezoning the property to R -20, it will allow the property owner to develop the property in accordance with the performance residential standards. Performance residential developments are not subject to the zoning district's dimensional standards (lot size, lot width, etc.) and therefore encourages additional open space to be dedicated. Performance residential developments are subject to a maximum density standard (1.9 dwelling units per acre in R -20). The proposed development will generate 32 trips in the AM peak, and 38 trips in the PM peak. Because the trips do not exceed 100 in the peak hours, a Traffic Impact Analysis (TIA) was not required to be completed. According to the 2006 CAMA Plan, the site is classified as Watershed Resource Protection. This classification occurs along the tidal creeks and is defined as the area within one -half mile of the 100 -year flood plain for these creeks. The purpose of the classification is to protect the creeks from pollutant loaded stormwater runoff from impervious surfaces within the watershed. Development strategies for this classification include minimizing new impervious surfaces, retrofitting protection measures to improve water quality of runoff from existing impervious surfaces, and promoting low impact best management practices. Board of Commissioners - August 1, 2016 ITEM: 9 The application is consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the development, in accordance with Policy 3.12 of the plan, will incorporate Low Impact Development techniques designed at filtrating stormwater runoff. The proposal is also consistent with the purposes and intent of the 2016 Comprehensive Plan because the proposed density is consistent with the ideal density range of the General Residential Place Type and because the development promotes responsible growth by preserving environmentally critical areas. The application was heard by the Planning Board at their July 7, 2016 meeting. Seven residents from the area spoke in opposition of the application, citing concerns about the development's impacts on drainage, traffic, and schools, and stating that the development would not be in harmony with the existing area. The Planning Board recommended approval of the application with conditions (5 -0), finding that the proposed development would promote responsible growth by preserving environmentally critical areas. The Planning Board concurred with staff s suggested motion when making their recommendation. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Implement plans for land use, economic development, infrastructure and environmental programs • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends approval and suggests the following motion: Motion to approve, as the Board of Commissioners finds that this application for a zoning map amendment of 17.42 acres from R -20S, Residential District, to (CZD) R -20, Conditional Residential District as described is: Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the development, in accordance with Policy 3.12 of the plan, will incorporate Low Impact Development techniques designed at filtrating stormwater runoff. The proposal is also consistent with the purposes and intent of the 2016 Comprehensive Plan because the proposed density is consistent with the ideal density range of the General Residential Place Type and because the development promotes responsible growth by preserving environmentally critical areas. 2. Reasonable and in the public interest because the performance residential standards provide for the preservation of increased amounts of open space for the continuing enjoyment of the residents, to protect the natural environment and wildlife habitats, and to provide for recreational opportunities. Conditions: 1. Duplex, multi - family, and mobile home housing shall be prohibited. 2. Impervious coverage shall not exceed 30% of the site. 3. In addition to meeting the county and state stormwater requirements, the development shall incorporate Low Impact Development (LID) techniques as described in the City of Wilmington/New Hanover County LID Guidance Manual, and qualify as a LID project as determined by the County's Technical Review Committee (TRC). 4. Existing vegetation located within the proposed open space areas shall be preserved to the maximum extent practicable, and only be removed in order to install necessary infrastructure needed to comply with applicable county and state regulations. 5. A 20 -foot access easement shall be dedicated to the County along Middle Sound Loop Road for the purpose of installing a future pedestrian facility. Board of Commissioners - August 1, 2016 ITEM: 9 ATTACHMENTS: Z -959 Petition Summary Z -959 Script for BOC Z -959 Staff Summary BOC Z -959 Water -Sewer Map Z -959 Neighbor Properties Map Z -959 Zoning Map Z -959 CAMA Map Applicant Materials Cover Page Z -959 Proposed Site Plan- 6.27.16 Z -959 Application Package Opposition Material Cover Page Z -959 Opposition Material COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as presented by staff. COMMISSIONERS' ACTIONS: Approved 4 -0 with conditions as presented by staff. Board of Commissioners - August 1, 2016 ITEM: 9 Aft Cji%j�f Rezone from R20,9 Residential District, to (CZD) R20, Fesidential District t O 6■ (i M§Aff 5AfII Parcel Location & Acreage: 2400 block of Middle SDund Loop Fbad, 17.425 acres Petitioner /Owner: Allison Engebretson with Paramounte Engineering (Applicant) Fraliegh Wilmington Investors, LLC(Owners) Existing Land Use: 9ngle Family Dwelling/ Undeveloped Zoning History: May 18, 1970 - Initiallyzoned R20 via Area 3 January 5, 1988 - Fazoned to R 20S (Z-335). This application was the result of the Middle S)und/Ckdden Snall Area Pan and rezoned 850+ acres around the eastern portion of Middle S)und to R 20S Land Classification: Watershed Fbsource Protection Water Type: Public Sewer Type: Public Recreation Area: Ogden Park Access: Middle SDund Loop Fead Fire District: New Hanover County North Watershed & Water Quality Classification: Howe Creek (SA;OF W) and Pages Creek (S4; HOW) Conservation/ Historic/ Archaeological Fesources: No known historic or archaeological resources SDils and Septic Suitability: Lakeland Sand (La) - Gass I: Suitable /Sight Limitation Wakulla Sand (Wa) - Class I: Suitable/ Sight Limitation Saagate Fine Sand (S?) - Class II: Moderate Limitation Leon SDII (Le) - Gass III: Severe Limitation M urville Fine Sand (M u) - Gass III: Severe Limitation Schools: Castle Hayne Bementary, Ogden Bementary, Eaton Bementary, Noble Middle, Laney High -❑❑❑V6 E111 0° S. -109:1 Board of Commissioners - August 1, 2016 ITEM: 9 - 1 - 1 SCRIPT FOR Conditional Zoning District Application (Z -959, 7/16) Rezoning Request (Z -959, 7/16) - Request by Paramounte Engineering, applicant, on behalf of the property owners, Raleigh Wilmington Investors, LLC, Greenstick Acquisitions, LLC, and Henna S Duncan, to rezone 17.42 acres located at the 2400 block of Middle Sound Loop Road from R-20Sy Residential District, to R-20, Residential District, in order to develop a 32 lot performance residential subdivision. The property is classified as Watershed Resource Protection according to the 2006 CAMA Land Use Plan. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and additional 5 minutes for rebuttal. 2. Conduct Hearing, asfollows a. Staff presentation b. Applicant' s presentation (up to 15 minutes) C. Opponent's presentation (up to 15 minutes) d. Applicant's cross examination /rebuttal (up to 5 minutes) e. Opponent's cross examination /rebuttal (up to 5 minutes) 3. Gose the Public Hearing 5. At this time, you may ask to either continue the application to a future meeting, or to proceed with this Board deciding whether to approve or deny the application. What do you wish to do? 6. Vote on the conditional zoning district application. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why it is, or is not, reasonable and in the pLbIic interest. Staff Suggested Motion: Motion to approve, as the Board of Com>trisdoners find that this application for a zoning map amendment of 17.42 acresfrom R20S, Fbsidenitial District, to (CZD) R20, Conditional Fbsidenitial District as described is 1. Consistent with the purposes and intent of the 2006 CAMA Land Use Ran because the development, in accordance with Fblicy 3.12 of the plan, will incorporate Low Impact Development techniques designed at filtrating stormdvater runoff. The proposal is also consistent with the purposes and intent of the 2016 Corrprehensive Ran because the proposed density is consistent with the ideal density range of the General Fbsidenitial Race Type and because the development promotes responsible growth by preserving environmentally critical areas. 2. Peasonrable and in the public interest because the performance residential standards provide for the preservation of increased amounts of open space for the continuing erjoymenit of the residents, to protect the natural environrnant and wildlife habitats, and to provide for recreational opportunities Board of Commissioners - August 1, 2016 ITEM: 9 - 2 - 1 Conditions 1. Duplex, multi - family, and rnobile home housing shall be prohibited. 2. Irrperviousooverage shall be limited to 30% of the site. 3. In addition to meeting county and state stormUVater requirements, the development shall incorporate Low Impact Development (LID) techniques as described in the City of WilmingtoN New Hanover County LID Guidance Manual, and qualify as a LID project as determined by the County's Technical Review Committee (TRC). 4. Existing vegetation located within the proposed openspace areasshall be preserved to the m-exin uan extent practicable, and only be removed in order to install necessary infrastructure needed to comply with applicable county and state regulations. 5. A 20 foot access easement shall be dedicated to the County along Middle Sound Loop Fbad for the purpose of installing a future pedestrian facility. Board of Commissioners - August 1, 2016 ITEM: 9 - 2 - 2 CONDI- nONALZONING DISTRICTAPPUCA -nON CASE: Z-959,7/16 PETI11ONER Allison Engebretson of Paramounte Engineering, applicant Raleigh Wilmington Investors, LLC, property owner Greenstick Acquisitions, LLC, property owner Henna SDuncan (formally Hyon Duncan), property owner RBQUEST: Fbzonefrom R20,9 Fbsidential District, to (CZD) R20, Conditional Fbsidential District ACREAGE 17.42 acres LOCATION: 2400 block of Middle mound Loop Fbad R Ds: F;D5200- 001 - 007 -000 F;D5200- 001 - 017 -000 F;D5200- 001 - 006 -000 F;D5200- 001 - 005 -000 2006 LAMA LAND CLASS Watershed Fbsource Protection 2016 COM P PLAN PLACETYPE General Fbsidential PLANNING BOARD ACTION: The application was heard by the Planning Board at their July 7, 2016 meeting. Saven residents from the area spoke in opposition of the application, citing concerns about the development's impactson drainage, traffic, and schools, and stating that the development would not be in harmony with the existing area. The Planning Board recommended approval of the application with conditions (5 -0), finding that the proposed development would promote responsible growth by preserving environmental critical areas. The Planning Board concurred with staff's suggested motion when making their recommendation. EXISTING CON DI11 ONS EdstingZoningand Land Uses The property proposed to be rezoned consists of four parcels of land totaling 17.42 acres. It is located at the 2400 block of Middle Sound Loop Fbad and waszDned R20 when zoning was initially applied to this area in 1970. In 1988, the property was included in a rezoning application (Z -335) which rezoned 850+ acres of land located along the eastern portion of Middle Sound to R20S The 1988 application was initiated and requested by a M iddle Sound community group called "Middle Sound Lookout," and was in response to the adoption of a small area plan for the community, "Middle Sound /Ogden ... Future Directions," ayear prior. The basis for the rezoning application was one of four potential zoning options recommended by the small area plan for the community. 071717h."INTS Board of Commissioners - August 1, 2016 ITEM: 9 - 3 - 1 0 09. ❑Qljj ❑❑ The plan stated the main concerns of the community regarding residential development were density and rate of development, loss of rural atmosphere, and too many mobile home /multi - family developments. In addition, the community was concerned that increased development would lead to more congestion on the roadway network, which at the time, the area had only one connection to Market Elreet. The plan stated that the advantage of rezoning all undeveloped land in Middle Sound to R20Sisthat it would ensure that only single- family housing would be developed. However, it also stated that the R 20S district would present many disadvantagesto the area, including limiting variety and supply of affordable housing, creating a checkerboard pattern of development, and negatively impacting the environment by discouraging the preservation of open space and natural amenities. It should also be noted that the conditions of the Middle Sound community have changed significantly since the 1980s, including conversion of undeveloped lands to developed, transition from rural to suburban atmosphere, water /sewer availability and a significant increase in the road network and interconnectivity supporting the community. Snce the 1988 rezoning application, there have been five rezoning applications approved in the community that allowed for increased density. The zoning and land uses in the area are entirely residential. The subject property is surrounded by R 20S zoning. To the north, there island zoned R20 and R-15. Sjbdivisions in the area include Anchors Bend, Eloney Brook, Ocean View, Glenarbor, and Middle Fbint. Existing Ste Conditions The property proposed to be rezoned consists of four parcels of land totaling 17.42 acres. Currently one of the four parcels contains a single- family dwelling. The dwelling will be removed when the property is developed for the proposed subdivision. Board of Commissioners - August 1, 2016 ITEM: 9 - 3 - 2 0 09. ❑Qljj ❑❑ Community Sarvices Water and Sewer: The property is within the Urban Sarvices boundary, and water and sewer services are located within the nearby vicinity. The development will connect to CFPUA water and sewer service. Fire Protection: The property is served by New Hanover County Fire Sarvices and located in the New Hanover County North Fire District. S�hools. The property is located within the school districtsfor Castle Hayne Bementary, Ogden Bementary, Eaton Bementary, Noble Middle, and Laney High schools. Currently, new students from the proposed development will attend Castle Hayne Bementary. Conservation, Historic, and Archaeological R-,sources The subject property does not host any known conservation, historic, or archaeological resources. PETITIONER'S REQUEST: The petitioner is seeking to rezone the 17.42 acres currently zoned R20,9 F;L-sidential District, to (CZD) R 20, Conditional Fesidential District, in order to develop a 32 lot performance residential subdivision. STAFF P09110N: Zoning and 8.ibdivision Ordinance Considerations The purpose of the R20 district isto provide land for low density residential and recreational purposes. The regulations of this district are intended to discourage any use which because of its character would substantially interfere with the development of residences and which would be detrimental to the quiet 071717h."INTS Board of Commissioners - August 1, 2016 ITEM: 9 - 3 - 3 0 09. ❑Qljj ❑❑ residential nature of the areas i nd uded within this district. Under the performance resi dent ial standards, developments within the R20 district are allowed up to 1.9 units per acre. A conceptual site plan is included as part of the application and is shown below. If this application is approved, the property must be developed in accordance with the site plan. The applicant is proposing to develop a32 lot performance residential development with the following conditions: 1. Duplex, multi - family, and mobile home housing shall be prohibited. 2. Impervious coverage shall not exceed 30 %of the site. 3. In addition to meeting county and state stormwater requirements, the development shall incorporate Low Impact Development (LID) techniques as described in the City of Wilmington /New Hanover County LID Guidance Manual, and qualify as a LID project as determined by the County's Technical Review Committee (TRC). 4. Existing vegetation located within the proposed open space areas shall be preserved to the maximum extent practicable, and only be removed in order to install necessary infrastructure needed to comply with applicable county and state regulations. 5. A 20 foot access easement shall be dedicated to the County along M iddle S)und Loop Fbad for the purpose of installing afuture pedestrian or bike facility. Further, if this rezoning application is approved, the proposed development must then go through the County's subdivision review process. The process includes submittal of a Preliminary Rat application which isreviewed bytheTechnical Fbview Committee (TRC) for compliancewith applicable local and state regulations. ■■■u >I. Conceptual Ste Flan Board of Commissioners - August 1, 2016 ITEM: 9 - 3 - 4 009. ❑ off[][] 1 1 . L4 __J", i_JL L�,L -J,- -JL 7 r /d_�iT'If___ rli ®i� x �zz r E�7 a3 �1ee EX -A ■■■u >I. Conceptual Ste Flan Board of Commissioners - August 1, 2016 ITEM: 9 - 3 - 4 009. ❑ off[][] Transportation The proposed development will generate 32 trips in the AM peak, and 38 trips in the PM peak. Because the trips do not exceed 100 in the peak hours, a Traffic Impact Analysis (TTA) was not required to be completed. The North Carolina Department of Transportation conducted trafficcountson Middle SDund Loop Fbad in 2013. The counts were taken near the existing roundabout and they found an Annual Average Daily Traffic (AADT) of 5,200 -5,800 trips. Middle S)und Fbad has a capacity of 9,600 daily trips, which by using the volume to capacity ratio, would equate to a "C' Level of Sarvice (LOSj. LOSranging from Ato Dare considered to be acceptable. Currently, there are no NCDOT projects planned for M iddle mound Loop Fbad, however there are several projects planned along the adjacent portion of Market Elreet: • Project U- 4902will install access management improvementson Market Elreet from LendireFbad to Marsh Oaks Drive. The improvements include the installation of a center median, sidewalk, and multi -use path. Fight -of -way acquisition for the project is expected to begin in 2018 with construction scheduleto occur in 2020 -21. • Construction for the Military Cutoff extension project (U -4751) isexpected to begin in 2018. This project will extend Military Cutoff to 1 -140, allowing motorist to bypasstravelingon Market Elreet in the Porters Neck/Odgen area. • Improvements are planned for the Lendire Fbad /Market Street /Middle mound Loop Fbad intersection in conjunction with a grocery store development approved by the Otyof Wilmington at the corner of Middle SDund Loop Fbad and Market Street. These improvements include the realignment of Lendire Fbad (so that it intersect Market Elreet directly across from Middle SDund Loop Fbad), and the addition of an eastbound right -only turn lane along Middle SDund Loop Fbad. Further, the Traffic Impact Analysis completed for the grocery store development stated that the intersection of Middle mound Loop Fbad and Market Elreet will operate at a Level of Service (LOS) of D to Ewhen the development is expected to be completed in 2016. While this T`IAdid not specifically include the tripsthat will be generated from proposed subdivision, it did include a growth rate in the background trafficof one percent. The NHOWlmington Comprehensive Greenway Ran proposes that a greenway network be installed along Middle mound Loop Fbad. Acondition is being proposed to be placed on the district that will require a 20 foot access easement be dedicated to the county for the purposes of installing a future multi -use path. Below is proposed greenway network as illustrated in the Greenway Ran. 071717h."INTS Board of Commissioners - August 1, 2016 ITEM: 9 - 3 - 5 0 09. ❑Qljj ❑❑ ,S-v - ^'�' � ,per r` I ♦'� ±/ 17 "g o" r $ s Cd %E f` f ': •�� 9a J$ r .r Proposed Greenway Proposed Bicycle Lanes %�F7EZO) 4^ 411 S �3Tp j tF'q,� 'a�y� - - - -• Proposed Sharruws / �� �.+✓oti"�'��+�, "R�+sy m qr',�``" `�`t� �1 O Proposed Bicycle & Pedestrian Bridge . Proposed Boat Launch Site ��Z .. rO " n.- ♦ ♦♦� 0 Existing Boat Launch Site 'V"'�A ♦� � - Existing Greenway �• -' � ��I - Existing Bicycle Lanes �ib +- Existing Paved Shoulders .y � $p p Y , ik f3 � - Existing Blueway a � NH9W11mington Greenway Pan Environmental The property does not contain any Special Rood Hazard Areas or Significant Natural Heritage Areas. Stormwater management will be reviewed by New Hanover County Engineering and by the NC Department of Environmental Quality. The applicant has examined the site and identified the location of potentially regulated wetlands, which are illustrated on the plan. Most of the wetlands will be preserved in open space, however there isa portion that will require mitigation in order for the site to obtain access to M iddle Sound Loop Fbad. Additional verification of the location of the regulated wetlandsand required permitting must be obtained from the Army Corps of Engineers during the subdivision review process. Land Use Ran Considerations According to the 2006 CAMA Ran, the site is classified as Watershed Resource Protection. This classification occursalong the tidal creeksand is defined asthe area within one -half mile of the 100 -year flood plain for these creeks. The purpose of the dassification isto protect the creeks from pollutant laded stormwater runoff from impervious surfaces within the watershed. Development strategies for this classification include minimizing new impervious surfaces, retrofitting protection measures to improve water quality of runoff from existing impervious surfaces, and promoting low impact best management practices. Beginning in 2008, The Oty of Wilmington and New Hanover County worked together to create ajoint Low Impact Development (LID) guidance manual to provide technical guidance on the application of LID principles, planning, and practices. Policy 3.12 of the Land Use Ran further states: Carefully control development and redevelopment activities within the Watershed Fbsource Protection and Conservation areas identified on the Land Oassification Map to prevent the degradation of water quality in the creeks and sounds, to protect the public health, and to ensure the protection of these vital natural resources by reducing nutrient, pesticide, sediment, and other pollutants The following standards shall apply ■■■h, Board of Commissioners - August 1, 2016 ITEM: 9 - 3 - 6 009. ❑ off❑❑ a. Impervious surface coverage shall be limited to twenty -five percent (25514 in the Watershed FL-source R-otection and Conservation areas b. R ojects that conform to adopted exceptional design standards for enhanced stormwater controls may exceed 25% in the Watershed FL-source R otection areas c. Natural vegetative buffers shall be established to effectively filter runoff before it enters surface waters The proposed development will limit its impervious coverage to 28.3 %of the property. The development will also include the following design elements in order to comply with the intent of the Watershed Fbsource Protection classification: 1. Provide deed restrictionsfor each specific lot; 2. Pervious pavement within certain areas; 3. Localized swales and bio- retention areas; 4. Create multifunctional and multipurpose landscapes, 5. Utilize natural vegetation and infiltration swalesto filtrate pollutants; and 6. Reduce the use of turf and add native and /or natural cover materials. The proposed subdivision will be developed under the performance residential standards, which promotes the dedication of additional open space areas. Specifically, of the 17.43 acre property, 7.94 acres (45 %) will be dedicated as open space. Open space areas may be utilized for stromwater control, recreation, or preservation of areas of environmental concern or wildlife habitat. The majority of the wetlands identified on the property have been located within open space areas. The increased open space and wetland preservation complies with Policies2.1, 2.3, 3.7, and 3.14 of the Land Use Ran. 2016 Comprehensive Land Use Ran The Future Land Use Map classifies the property as General Residential. The General Residential Race Type provides opportunity for lower density housing and associated civic and commercial services. Housing is typically single- family or duplexes, with setbacks on all sides. Block sizes are large, at' /4to' /2 mile wide. Commercial uses should be limited to office and retail spaces in carefully located areaswhere neighborhood character will be enhanced, while recreation and school facilities are encouraged ■■■h, Board of Commissioners - August 1, 2016 ITEM: 9 - 3 - 7 0 09. ❑Qljj ❑❑ throughout. Access to areas outside these residential areas is provided by arterial roadways, but still allowing for interconnection between other placetypes. However, limiting cul -de -sacs is encouraged to promote better internal circulation and minimizing high - volume traffic roads within the area. Rooding hazard avoidance should be taken into consideration when abutting coastal areas. The ideal density for single- family residential in this Race Type is 1 -6 dwelling units per acre. Relevant Goals, Strateges, and Guidelines of the Comprehensive Ran: DaAm Lo: Romote environmentally responsible growth. (Desired Outcome: Development that accommodates population growth while minimizing negative impacts on natural resources) Et rate A. Promote a mixture of uses where appropriate in an effort to cluster development and minimize impacts on natural resources. Guidelines A.2 Establish open space criteria that encourages preservation of natural areas, buffers, trees, and wildlife habitats, while working in harmony with the built environment. DmAm& Conserve environmentally critical areas (Desired Outcome: Utilize environmentally critical areas for outdoor recreation, healthy watersheds, and maintenance of critical habitats) Et rate B. Discourage development in wetlands, flood plain, and other flood prone areas. Guidelines B.4 Encourage preservation of existing natural wetlands and constructed wetlands as a stormwater mitigation technique where practical. B.5 Encourage preservation of existing natural buffer areas for conservation resources to preserve their natural functions. B.6 Incentivize, through the development process, the use of Best Management Practices such as Low Impact Development where possible to ensure environmentally critical areas are conserved. LaApLLL Reserve and protect water quality and supply. (Desired Outcome: Accommodating anticipated growth in a manner that is sustainable to New Hanover County's water supply and water quality.) S{ rat eqy O. Consider removing barriers in codes/ ordinances that hinder and prohibit low impact development. Guidelines 0.1 Encourage low impact development and other best management practices. DoIMoeLIL Increase physical activity and promote healthy, active lifestyles (Desired Outcome: A built environment that encourages active life styles and increased health through walking and biking.) El rate C. Connect walkways, parking lots, greenways, and developments to encourage pedestrian activity. Guidelines C.1 Encourage dedication or provision of easements for multi -use paths consistent with the Greenway Master Ran and other adopted plans. 071717h."INTS Board of Commissioners - August 1, 2016 ITEM: 9 - 3 - 8 0 09. ❑Qljj ❑❑ Overall the proposed rezoning is consistent with the Comprehensive Ran. The proposed density of 1.9 dwelling units per acre is within the ideal density range of the General Residential Race Type of 1 -6 dwelling unit per acre. Also, performance residential developments allow for more open space which can be utilized for stormwater control, recreation, and preservation of areas of environmental concern and wildlife habitat; and thus the development is consistent with the above mentioned goals, strategies, and guidelines. REVI B/V AND ACTION: This request is being facilitated by Section 55.3 — Conditional Zoning District of the County's Zoning Ordinance, and has been processed and reviewed per 133dion 110 — Amending the Ordinance. A community meeting was held on Thursday, June 2, 2016 in accordance with the requirements for such an application. The applicant has provided a summary of the meeting which includes the concerns and comments brought up by the attendees. Staff recommends approval of the application with conditions. Staff concludes that the application is consistent with the requirements of the 2006 Wilmington -New Hanover County CAMA Land Use Ran. Specifically, the property complies with Fblicy 3.12 of the Land Use Ran because the development will utilize features to help filtrate pollutants including natural vegetation, infiltration swales, and bio- retention areas. The development is also consistent with the 1987 Middle Sound /Odgen &hall Area Ran. While the plan recommended an option of reaming property in the Middle Sound area to R20Sin order to ensure that only low- density single- family detached housing is developed in the area, it also stated that there are many disadvantagesto this approach, including discouraging the preservation of open space and natural amenities. This application meets the intent of the R20S district while eliminating the stated disadvantage. By utilizing the performance residential standards, the development will preserve more open space (45 %of the property) which includes most of the wetland areas identified. ■■■h, Board of Commissioners - August 1, 2016 ITEM: 9 - 3 - 9 0 09. ❑Qljj ❑❑ Arfinn NPPrIPH • Motion to approve of the petitioner's application [with or without agreed upon conditions] • Motion to "table" the application in order to receive more information • Motion to deny of the petitioner's application based on specific reasons Example M otion for Approval: Motion to approve, as the Board of Commissioners find that this application for azoning map amendment of 17.42 acres from R20,9 Fbsidential District, to (C2D) R20, Conditional Residential District as described is: 1. Consistent with the purposes and intent of the 2006 CAMA Land Use Ran and 2016 Comprehensive Ran because (Describe elements of controlling land use plans and how the amendment is consistent). 2. Reasonable and in the public interest because fQriefly explain why. Factors may indude public health and safety. character of the area and relationship of uses, applicable plans, or balandng benefits and detriments. l. Conditions: [List any agreed upon conditions] Example Motion for Denial: Motion to deny, asthe Board of Commissioners fi nd that t his appl icat i on for azoning map amendment of 17.42 acresfrom R20,9 Fesidential District, to (C2D) R20, Conditional Fesidential District asdescribed is: 1. Not Consistent with the purposes and intent of the 2006 LAMA Land Use Ran and 2016 Comprehensive Ran because (Describe elements of controlling land use plans and how the amendment is not consistent l. 2. Not reasonable or in the public interest because [Briefly explain why not. Factors may indude public health and safety, character of the area and relationship of uses, applicable plans, or balancing benefits and detriments 1. Staff Suggested Motion: Motion to approve, asthe Board of Commissioners fi nd that t hi s appl icat i on for azoning map amendment of 17.42 acresfrom R20,9 Residential District, to (C2D) R20, Conditional Residential District asdescribed is: Consistent with the purposes and intent of the 2006 LAMA Land Use Ran because the development, in a000rdance with Fblicy 3.12 of the plan, will incorporate Low Impact Development techniques designed at filtrating stormwater runoff. The proposal is also consistent with the purposes and intent of the 2016 Comprehensive Ran because the proposed density is consistent with the ideal density range of the General Residential Race Type and because the development promotes responsible growth by preserving environmentally critical areas. 071717h."INTS Board of Commissioners - August 1, 2016 ITEM: 9 - 3 - 10 0°& ❑❑of ❑❑ 2. Reasonable and in the public interest because the performance residential standards provide for the preservation of increased amounts of open space for the continuing enjoyment of the residents, to protect the natural environment and wildlife habitats, and to provide for recreational opportunities. Conditions: 1. Duplex, multi - family, and mobile home housing shall be prohibited. 2. Impervious coverage shall not exceed 30 %of the site. 3. In addition to meeting county and state stormwater requirements, the development shall incorporate Low Impact Development (LID) techniques as described in the aty of Wilmington /New Hanover County LID Guidance Manual, and qualify as a LID project as determined by the County's Technical Review Committee (TRC). 4. Existing vegetation located within the proposed open space areas shall be preserved to the maximum extent practicable, and only be removed in order to install necessary infrastructure needed to comply with applicable county and state regulations. 5. A 20 foot access easement shall be dedicated to the County along M iddle 9)und Loop Fbad for the purpose of installing a future pedestrian facility. 071717h."INTS Board of Commissioners - August 1, 2016 ITEM: 9 - 3 - 11 00& [][]Off[][] Board of Commissioners - August 1, 2016 ITEM :9 -4 -1 O, N O, N N �G��Gp oGopo �o�omo =om woo�000 _�00000F_ °�o =FOO�o�o� °o=- °o =mo ° - -- e 9 m S G 9 ti m 9 m ti 9 e 2' 2' 2' a °. _ ���������eeee�eeeee����������mmmm�mmmmmmmmm�mmmmm8o tio8 °Go G zzzz zzzz z zit 2, 2, 22 2GG Utz z o m o= o 0 0 2 2 o V 2 o m99ga2'° �a°a9a e9e °9� °g98m�2'aa9 a a9° ana9a N O N v N d a V 0 v v LL F O U 0 iz � � s G� O Q N LO a IX N � n Noss ObgN3 � a NOls p Board of Commissioners -August 1, 2016 ITEM: 9 - 5 - 1 GN N LL O O O O s O I= N N y � V S y N c O £ O 0 o_ ��b CL N � d 0 3 d T O N —_ '£ c Li N J y O d Y W O y� N V m on � � c O a U N L O. O Q Y N m J V Q �a c m Q O O N N d N d I a, I o o_ w, U N o t v = -� L N y al t'm �G��Gp oGopo �o�omo =om woo�000 _�00000F_ °�o =FOO�o�o� °o=- °o =mo ° - -- e 9 m S G 9 ti m 9 m ti 9 e 2' 2' 2' a °. _ ���������eeee�eeeee����������mmmm�mmmmmmmmm�mmmmm8o tio8 °Go G zzzz zzzz z zit 2, 2, 22 2GG Utz z o m o= o 0 0 2 2 o V 2 o m99ga2'° �a°a9a e9e °9� °g98m�2'aa9 a a9° ana9a N O N v N d a V 0 v v LL F O U 0 iz � � s G� O Q N LO a IX N � n Noss ObgN3 � a NOls p Board of Commissioners -August 1, 2016 ITEM: 9 - 5 - 1 GN N LL O O O Board of Commissioners - August 1, 2016 ITEM :9 -6 -1 Board of Commissioners - August 1, 2016 ITEM :9 -7 -1 APPLICANT MATERIALS Board of Commissioners - August 1, 2016 ITEM: 9 - 8 - 1 Board of Commissioners - August 1, 2016 ITEM: 9 - 8 - 2 NOLL'IIN,LSNO:) NO3 QIISVTIHN ION NOINdQ ANV N11K1- ild IONnOS 31p0 v Ob d00�' { I� iWa >4'��. � I -- A4 PM �r - -- m lit all - - - -- 1 IF a -- \ L— - -� a iI iII L +I iii �81� II o z a MUM az�=o _ as oo ¢_ ,mom . z z �M�- ONA DM `I I-)K"N ON'.4Sf1HN JO' T-FRTI LSL9 SHO.LSIANI NO,L91001 N 110I -MT y �Uju 'JUM7, ZZ �ZNnOL�Id2Idd A.LNf10D NAAONVH ANF[N ,19THNr IDTN.LSTQ ONINOZ'IVNOLLIQNOD NOUV ! W NOLL'IIN,LSNO:) NO3 QIISVTIHN ION NOINdQ ANV N11K1- ild IONnOS 31p0 v Ob d00�' { I� iWa >4'��. � I -- A4 PM �r - -- m lit all - - - -- 1 IF a -- \ L— - -� a iI iII L +I iii �81� II o z a MUM az�=o _ as oo ¢_ ,mom . z z �M�- NEW HANOVER COUNTY =_ PLANNING o& INSPECTIONS UK Application, for CONDITIONAL ZONING DISTRICT Print Form 230 Government Center Drive Suite 114 't'ilrnington. ;tiC 28443 910- 79L -7i65 phone 910 - 798 -7053 fiax www.n,hcgov.com Petitioner Information % Property Owner(s) ! Subject Property If different than Petitioner i Name : Owner Name address Jon Vincent, Jim Caravello I 2402 Middle Sound Loop Rd. Company Owner Name 2 Parcel I73(s) Raleigh-Wilmington investors R052Li0-401 -005, R05200 -001 -006 . R052MO01 -017, R05200- 001 -007 :address address Area 6131 Falls of Neuse Read J 17.42 acres Cite, State, Zip I Citv, State, Zip Existing Zoning and Lse RI11h kit-, CT elg , 27ovz: R20S Phone Pbone Proposed Use 919 - 277 -1136 I R20 CZD Email jearavello@robuckhomes.com to nvincentn_cimail_cam Case Number Email Date,'Time received: APPLICATION fl'�TR %'IE Land Classific Lion Watershed resource Received by: In order to assist petitioners through the rezoning process, petitioners are highly encouraged to attend a pare- application conference prior to application submittal_ Petitioners are requested to review the motions of the Zoning Ordinance specific to zoning amendments and conditional zoning districts prior to submission, and advised to contact Planning Staff with any v questions. The following sections of the Zoning Ordinance pertain specifically to zoning amendments and conditional zoning districts: • Section 55.33: Conditional Zoning Districts • Section 110: Amending the Ordinance • Section I I I: Petitions • Section 112: Approval Process Applications for zoning amendments must first be considered by the New Hanover County Planning Board at a public hearing. The Planning Board will snake a recommendation to the County Commissioners which %will take final action on the permit application in a quasi-judicial public hearing. Attendance at all public hearings is required. The public hearings will allow staff, the applicant. proponents and opponents to testit�- in regards to the request. Unless otherwise published or announced.. Planning Board meetings are held on the first Thursday of each month at 5:4DPM in the Commissioner's Assembly Room at the Historic County Courthouse located at Third and Princess Streets, Wilmington, 'North Carolina. All meeting dates and application deadlines are publisht:d ort the New Hanover County Planning website. Page l of 3 Board of Commissioners - August 1, 2016 ITEM: 9 - 10 - 1 04.114 APPLIC-ATTON RE [ IRENMENTS In order to assist petitioners through the rezoning process, petitioners are highly encouraged to attend a pre - application conference prior to application submittal. Applications must be reviewed by Planning Staff for completeness prior to being officially accepted. .Applications must be submitted to Planning Staff at least twenty (20) working days before the Planning Board meeting at which the application is to be considered. In order to allow time to process. fees and revie%N- for completeness. applications will not be accepted after 5.00 P'N -1 on the deadline day. Once accepted. the Planning Board will consider the application at the assigned meeting unless the applicant requests a continuance. For all proposals. in addition to this application. the following supplemental information and materials are required: Required Information Copy of the New. Hanover Count) Tax Map. Nvhich delineates the properLA re €jested for reaonin�. _____ __ _ Legal descrimion (bv metes and Hounds) OfDronerty rennegtPYI fnr rP7n"irr _ Coy of the subdivision map Qr recorded plat w T�i L Site Plan (8 -24136 copies for Planning Board; 8 -24,06 copies for Commissioners) �( a Tract boundaries and total area_ location of adjoining parcels and roads + Proposed use of land, structures and other impro%,ements. For residential uses, this shall include number, height and type of units and area to be occupied by each structure and /or subdivided boundaries. For non- residential uses, this shall include approximate square footage and height of each structure, an outline of the area it will occupy and the specific purpose for which it will be used. 0 Development schedule including proposed. phasing. * Traffic and Parking Plan to include a statement of impact concerning local traffic near the tract, proposed right-of-way dedication, plans for access to and from the tract, location, width and right- a# -way for internal streets and location, arrangement and access provision for panting areas. • All existing and proposed easements, reservations, required setbacks, rights-of-way, buffering and signage r The one hundred (100) year f'loodplain line, if applicable 0 Location and sizing of trees required to be protected under Section 62 of the Zoning ordinance e Any additional conditions and requirements, which represent greater restrictions on development and use of the tract than the corresponding General Use District regulations or other limitations on land which rnav be regulated by State law or Local Ordinance. Any other information that % ill facilitate revitw of the proposed change lief .Article V11. as applicable) A rt of the required j2ubl ic information meeting outlined in Section 111 -2.1. Authority for Appointment of Agent Form (if applicably _ L Fee - For petitions involving 5 acres or less, $600. For petitions involving greater � L'Itmn 5 acres. 5700 Page 2 of Board of Commissioners - August 1, 2016 ITEM: 9 -10-2 Applicant Staff initial _,Initia 0414 CRITERIA RE(LtIRED FOR APPROVAL OF A CHANGE QF ZO,N1 G Conditional Use District Zoning is established to address situations where a particular land use would be consistent with the've,, Hanover County Land Use Plan and the Zoning Ordinance objective but for which none of the general zoning, classifications which would allow that use are acceptable. The applicant should explain, with reference to attached plans (where applicable), ho%v the proposed use satisfies these requirements. The applicant has the burden of proof and must provide sufficient evidence in order for the required findings to be met. You must e\plain in the space below how your request satisfies each of the following requirements (attach additional sheets if :necessary): 1. How Nvould the re nested change be consistent with the Counj�-'s Policies for GroAih and De�elo ment? TEis proposed 'cluster style" development pattern and smaller lots sizes minimizes the development footprint as compared to larger lot sizes and fragmented nature of designing to a minimum zoning requirement standard. The cluster allows for vegetative buffers, preserves naturai areas and will u#ilize innovative storm water techniques to meet the 25% impervious limitation and is in concert with Policy 23 and 3.12- 2006 CAMA use lay. 2. HOW would the requested zone change be consistent with the propenL , "s classification on the Land C'l�ccitic -a;cnn AA�,�•} The future land use has this site and the surrounding area classified as general residential. The project will be developed as single family detached lots which is consistent with the surrounding area. 3. What significant neighborhood changes have occurred to make the onginal zoning inappropriate, or hoA is It is our opinion that this tract is setback back from middle sound loop road and is an isolated in fill project, 20S zoning does not allow cluster or performance residential. Rezoning the parcel to R20 will allow for this deve#apment pattern and implement a comprehensive integrated development ;plan. . List proposed conditions and restrictions that would mitigate the impacts of the proposed use(s). The project would be developed under the performance residential, section 51.1 -2. Under this requirement the maximum density is set at 1.9 dwelling units per acre as compared to 21 du/ac for R20S zoning. Smaller lots sizes and a clustered site playa minimizes the projects development footprint. If an applicant requests delay- of consideration from the Planning Board or Board of County Commissioners before notice hats been sent to the newspaper, the item will be calendared for the neat meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. BV may signature below, I understand and accept all of the conditions, limitations and obligations of the Conditional Use District zoning for which I am applying. I understand that the existing official zoning map is presumed to be correct. I understand that I have the burden of proving why= this requested change is in the public interest. I certifi- that this application is complete and that all information pr ented in this application is accurate to the best of my knowledge, information, and belief. Jon Vincent Petitioner and/or Property- Owner Print Name Board of Commissioners - August 1, 2016 ITEM: 9 -10-3 NEW HAN'OVER COLTINTY N I AUTHORITYFOR A PPOINT-VENT OF A GENT L Print Form I Suitt i'o NC 428402 93 -7 16 f phone 7 , n 2 ov, In 0 nn Pie-l$e note that for quasi-judicial proceedings, either the land Owner or all attorne the c2se at the public hearing. y must be Present fol The Uncle signed mvncr does � ereby appoint an authorized - he vein a-, I ,= -, I fOr ffic PLU-Pose 01'Perition-InS NIc-x Flancver County for F special use re.r-ni:, rezoning rep es,, e- & � —, I ; . I - 4 'Icio, an appeal ofStmf-fd--cl5ions ar)D'I'Cable to h-- Propel-Ly des-Cs-%-, —.tachcd patition- The Agent is h by 4 1 � - - 'i - � ere aut-horized to, on be], alf of' tile Property oNvncr: I. Submit a proper potitioi-I and thc required supple-Meniz! and nnater�a'�z 2. Anpdal a, publIC -Ine0tin2S Z C:i maiior, and cc7 10 WVC !,eparese 1 11:1.1 '!- - —.3 071 be, -- --- ------- Act on 11h.- prot-cl-ty 0%-,-nzr'S bcl!,j"f A,j,,hotjt I'C=0 d to an), and all .'�-Jfngs directly or gar indirectly co,,j,,,-cted �Nrir I k ..h or arising out o;, airy penrion api)iicabll.- *o 'the Nevv Haro-;c- Countv Zo'ning Ordinance. Agent Information i Property, C) (C) Subject Properq Name Dar', Weeks, Aillson Engeo-etscn Owner Nam, -See P"Operty Owners Address See c�e--Iv 0,w-e, carlp2ny Param.ounte Owner N2nic, 2 Cif }, State, zip Eng�-neeejng, Inc p, operiv cwn e,-s Address Address E Unrnaf In 122 Chne.m,0 Crave !)., stme, —zip Wilmington, NC 28403 Phone 9110,791 ,6707 Cify, State, Phone Email S-r Z m -ii I Q,-N; e - e C: 0 M 1 Lacs lumber . D-uL7Jme Received Thlis document v,-as willfully executed of? the 8 day of June 20.16 * i, Property Owners: GfeensfickA�quisTLjcn, �801 LiMpk[n;--ourt, IJVImVoil. NC 28403 2, Raleigh - KI.-nington. inveszors -313- Fa; ;s o! Nause Road, Rais' h, NO 27602 2. Henna DzLHI aD-qcwport News VA 236D6 1A - VJ I L4-All Ovvrie's Signature Owner 2 S: m--. L3oar cl Or CommissiMI-e-r-s-August 1, 201-6 - ITEM: 9 -10-4 y Vii` 2, NSW Ham�,, ���''±±;OVER {� gCO ('L �`Y ^ N APPOINTMENT TMENT O `AGEN 2-40 Croverrmei Center Drive Suite & 10 wlihingto y iC 2W11 910-798-716 poor e 910 - 792 -:053 fax Please note timt for quasi- judieW proceedin* efthe� the Land owner a�- an attorney mast be present for � � at �e p�blk �;, The trade signed oume daes ierevy appm-1t an ajgh0,jzea th. age<-t des-, gezir: as fir excius?ve aggem for 4" Purpose of mooning New Hanover County for a varjaz 4�e, � L,_ pm t, rez�: -t;�� �gU &I ; r an ap i of Staff; ecWODs aRhwble tG t`-& f'-OPert; de$Cribtd in the affacW pion. ne Agent is hereby authorized to, on behalf of the pr«pery owner. 1, Submit a pr itso:t and the rt jrecl supplMlentai iafor. on and r� iais 2• Appeal at ptibiia meetings to give rep` wmtadoi and eo :Un,.nts on behalf of the ImPerrY owner 3. Act = the ply orr -per's waif v;irbOr- lir i I iOfls wiuh rem to any and all things d irectiy or indi y Connected with or arising out of any petition applioaible to the New Hanover- Cotty Za> Q�nat±ce. -, oar K=n 00r' Weeks. Aon £ gam; prcpamr ..se +R+' oars s. ' t o ? C'sty, S�4 2' BF-.'Ii'CiLT`ountB .... tic r o G�titir^a;'S A�ertss ° Address PArea M _ ��:2�'f2 Cinema Drive A.-p�. Phone � 910.791.6707 � { EMU ere..: v. "e.ecr r - I S Nmzber This document was wiz jifugy exev j:. v on +ice � 8 day of June I. GmKMO* Acqu�, 16Di Urrp�CWl. �f �gtw �`i'C Z64 C3 2 • Y�� i N -est�s -t+# a1 r'sb c� .� p;�Ca,, RaWk#�, NC 27MG L Ow-ner t 5� '+, j6 nenaa Di . ca.-, C)� S• �UrY —L��1� Comex 2 sip' =re E O I'1 TI S S10i1ETS �cttCJt�S #-�,z`�ii-� --- ITEM: 9 -10-5 NDN' I- IAN0VFR COUNTY PLANNING &-, INSPECTIONS .41,1 10RITY FOR APPOLYTMENT OF AGENT Print Form 230 Government Center Drive Suite 110 Wi]mingtnn, NC 28403 910- 798 -7165 phone 910 -798 -7053 fax www.nhegov.com pi,.,s{ tlote that for quasi - judicial proceedings, either the land owner or an attorney must be present for the case at the public hearing. ?t,c and rsi� -ned o��ncr does hereby appoint an authorized the agent desert herein as their exclusive agent t,,; the ptIrpe�se of petitioning Ne�� Hanover County' for a variance, special use permit, rezoning request, and/or an appal of Staff decisions appiicable to the property described in the attached petition. The Agent is hereby -horizcd to, on behalf of the property owner: Submit a proper petition and the required supplemental information and materials Appeal at public nicetings to giVc representation and commitments on behalf of the property owner Act on the property owner's behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning Ordinance. Agent Information Property Owner(s) Subject Property Name 0,A ner Name Address Dan Weeks, Allison Engebretson See . property owners See' property owners Company 0-wner Name 2 City, Slate, Zip Paramounte Engineering, Inc See . property owners address Address Parcel ID 122 Cinema Drive 805200- 001 -405, R06200-001 -0o6 cir }, State, Zip Cit►, State, Zip Wilm €ngton, IBC 28403 Phone Phone 910.791.6707 Email dweeksr&poramounte- eng.com Email cengebretsonC paramounte- eng.com i Case Number Reference: Date/Time received: Received b): This document was willfully executed on the 8 • 1, Property owners: 1. Greenst0k AoquisWn. 1641 Limpicin Court, Wilmington, NC 28403 2. Raleigh - wilmingt n Investors -6131 Faris of Neuse Road, Raleigh, NC 27 3. Henna Dun wport News VA 23608 day of ,dune ,2016 Q?W er Signatur Owner I Signature dom6r 2 Signature teN,c� A c Q� tstiTl o R-7 1~�iaa r `(?16 T� Board of Commissioners - August 1, 2016 ITEM: 9 -10-6 PARAMOUiNTTE E N G I N E E R i N G: 3 N C. Date: May 24.24? 6 RE: Communin, Meeting for. Conditional Zoning District (CZD) .Dear Property Ovners: This is a notice for a community information rneetina regarding an upcoming conditional zoning district application. Raleigh - Wilmington Inures €ors. on behalf of the property- oNNmer, Rudolph Duncan. Greenstick Acauisitions LL C. Foreverhome of Wilmington II LLC. is proposing to rezone .'- 17.4 acres located at 2444 Middle Sound Loop Road from R 20S to RIS OZ in order to de'%,elop a single family detached residential community. The property is located within New Hanover Count}- and is subject to the Countv's .Zoning Ordinance. As part of the rezoning application process. the Zoning Ordinance requires that a community' information meeting is held prior to submitting the official application to the County-. The purpose of the community meeting is to inform nearby residents and other interested parties about the proposal and to provide an opportunity to learn more or submit comments and concems regarding the proposal. The community information nie+etine- -MI-I he held on June 2, 2016 at 6:00 pm, at Ogden Fire Department 7' ) 753NUrket Street, Wilmington., NC 28411. For directions or further information, please contact Dan Weeks at 914.791.6747. Daniel H. Weeks. RI,A Enclosure: (Proposed conceptual site plan) 2 C V N N A n Y_ W 1 L M 4 a -❑ ti: tr = P d T1 Board of Commissioners - August 1, 2016 IIEM 9 -10 -7 87 yC T O pq r Y� rr �v 0 �t R �I �p 11 rk n 11 u r<- Q a o Vr �w N m v V I c, a f ,4 v i1 Z3 s� s � `1 D -ca V w1 �> J RE 4 V _ a a o Vr �w N m v V I c, a f ,4 T b yt y`l� ^Jj 1 N Board of Commissioners - August 1, 2016 ITEM: 9 -10-8 v U Z3 s� s � `1 D -ca T b yt y`l� ^Jj 1 N Board of Commissioners - August 1, 2016 ITEM: 9 -10-8 lk `a L m v s� s � lk `a L m v lk `a L m r� C G s f +sr' f Li Board of Commissioners - August 1, 2016 ITEM: 9 -10-9 PARAMOUNTE r= N G ! f-r E S R E N G ! N C Neighborhood Meeting Minutes Project. Middle Sound Loop Road Project No.: 16109 Meeting Date: June 2, 2016 Place: Ogden Fire Department ?attendees: Dan Weeks, Paramoun.te Engineering (PEI Presenter See attachment (sign -up sheet) A neighborhood project meeting was held at the Ogden Fire Department on June 2, 2016, 6:00 pm to discuss the proposed rezoning of the subject property an ?diddle Sound Loop Road ( +/- 17.4 ac) from R20S to R20 Conditional Zoning District (CZD). The follow irig is a listing of comments made during the meeting: 1 • Dan Weeks, DW presented the proposed site plan i]lustratirxg 32 single family- detached lots fox the subject property. 2. DW also defined the process and conditions associated -with the approval and public hearing dates concerning approval of the proposed request. 3. The request was to rezone the property from R.20s to R13 CZD. 4. DW stated that the plan itself is a general plan at this time. "Modifications to the plan could of course occur based upon regulators- requirements at the time of permit submittals. Any significant modification to an approved plan would be required to go back through the approval process. 3• There was concern regarding the increase in density from 1.9 du /ac to 2.3 du /ac. 6. The overall number of lots was a concern. Some felt that the development could be developed under the e3aisting zoning. DW stated that this was an unrealistic financial option due to the price of the land. 7. Concern was raised conceming increased traffic to an already- congested middle Sound Loos Road, more import dv, the traffic light at Market Street and Middle Sound Loop Road is a continual problem. 8. Some of the adjacent propertt- owners voiced concern of yet another development and opted for the County to purchase the land for a park. 9. The residents that reside along Barmen Inlet Road voiced concern regarding any potential connection point or if the development was intending to use that road as a connection point. DW stated that at this point in the process there was no intent to utilize Barren Inlet road as an access point. The Main access point will be from .Middle Sound Loop road unless Fire 2nd /or EMS require an emergency- access. 10. There were questions concern ng storm water and in general the storm water issues during a major stow events. DW stated that local and state wide requirements need to be rnet prior to issuance of a storm mater permit. 1 ? • There was discussion about this development impact and overcrowding in the surrounding School district. 12. A representative from Anchors Bend gave support of the overall development concept and felt like it would benefit the surrounding Middle Sound Loop area. 8 2 c: N . C M A. o R v e, 1,v ; t M � N 13 T G N, N a za4G3 s� 3 O S 7 4 1 5 7 0 7 F A X: f 4 1 4 Y 7 4 1 -67613 Board of Commissioners - August 1, 2016 ITEM: 9 - 10 - 10 PARAMOUNTE E iN G i N1 I=- E Ft i N G. i N r- 13. Overall the adjacent property, owners felt the R15 zoning did not conform to the surrounding zoning. Some residents felt that R20 would be more compatible and in concert with R20S zoning. 14. Buffers were also recommended to the existing 30 ft. access easement contained Within the northern portion of the site. These minutes zepresent the writer's understanding of the public Meeting. Any correction and/or 62- rifications should be directed to the writer's attention within three days of receipt of these meeting minutes. Written by: Dan Weeks, RI.. cc.' 'A ew Hanover County Development Services, 51e 1 2 2 C I N E M A D R 1 v E. W f L M 1 N 3 7 W N- P H C 9 t E7 1 y 9 t - 6 7 0 7 .. X r Board of Commissioners - August 1, 2016 ITEM: 9 - 10 - 11 PARAMOUN E= N G 1 N f= i= FR 1 N C� , 1 N C. Date: June 16, 2015 RE: Conditional Zoning District (CZD) — Middle Sound Loop Road Dear Property Owners: This is a follow up to the June 2, 2016 community information meeting regarding the upcoming conditional zoning district (CZD) application for the subject property. Please note that the submittal package and development intent has been revised based upon the comments and input from the community meeting to reflect the following: 1) The zoning district has been revised from R 15 CZD to R20 CZD. 2) The applicant has verified the density calculation with the County Planning Staff regarding the R20 zoning district. The wetlands can be used for density since they are not classified as coastal wetlands and are not located within a conservation area, thus 17.42 x 1.9 = 33.08 or 33 units allowed; we are proposing 32 single family lots. 3) Multi- family, duplex and mobile home housing shall be prohibited. 4) Approximately 45 %( 7.94 ac) of the site is proposed to be preserved as common open space. Removal of existing trees within these defined areas shall be approved and permitted by New Hanover County Development Services. Should you have any questions or comments, please contact me at 910.791.6707 or Brad Schuler, AICP, Current Planner at New Hanover County Planning and Inspections Department 410.798.7444. ="- Daniel H. Weeks, RLA Enclosure: (revised conditional site plan) 1 2 2 C I N E M A. D R e 4 E, Vi i L M IN G T a N, S•! C 2 6 s C 3 P H i 9 1 Q 1 7 5 - S^ n 7 F A X: i 9 Q 3 7 4 T - 4 7 5 Q Board of Commissioners - August 1, 2016 ITEM: 9 - 10 - 12 PARAMOUNTE ER f4 G t N E E=— iZ ! N G. [ N C. Project Narrative The .subject property is 17.42 acres and currently zoned R20S. It is the combination of four individual tracts. The site has frontage on.Middle Sound Loop Road. This request is to rezone the propem, from its current R20S zoning to R20 CZD. This would allow for utilization of section 51.1 -2 (performance residence -N'H Co. zoning ordinance) type of "cluster development". This development option is not pe='ssible in R20S. The maximum density for performance residential within an K20 zoning district is 1.9 dwelling units /acre, this same density applies to the eXisting R20S zoning. The overall development intent is ro design a comprehensive project that integrates and preserves open space, utilizes the natural features and improves the overall storm water management of not only this site but the watershed and surrounding properties. The concept plan (see exhibits A) allocates 32 single family detached lots, these lots average 60 fL x 130 ft. in size. The main access paint for the development will be from Middle Sound Loop Road. At this time there is no intent to connect or provide a secondary access to or from Barren Inlet Road unless EMS /Fire deems it necessary for an emergency access. Potential storm water management /burp (best man2gement practices) areas have been illustrated on site plan to accommodate the development. These areas have been located in a manor to utilize the natural conditions and existing topography. These areas may vary in size and location at the time of actual permit submittals. The proposed impervious coverage for the site is 28.3% or 4.93 acres, the residential developed area equates to 9.4 acres of the site. 7.94 acres or 45% of the site will be allocated and preserved as common open space. The Count* requires that development projects that exceed 25% impe vi.ous coverage located within Watershed Resource Pxotecdon area must utilize exceptional design standards. To that end, the following design criteria will be implemented. 1) reduced pavement width to minimize the impervious footprint 2) provide deed restrictions for each specific lot 3) pervious pavement within certain areas 4) localized sw =ales and bio -reten dotz areas 5) create multifuu.ctional and multipurpose landscapes G) utilize natural vegetation and m6itration swales to filtrate pollutants 7) reduce the use of turf and add native and /or natural cover materials The proposed number of lots generates 32 am peak hour trips and 38 pm peaks hour trips, thus, as per the New Hanover County ordinance a traffic impact analysis is not required because this project generates less than 100 trips per day. 1 2 2 C I N E M A D R£ V E. W £ L M £ N Ca T O N. N C 284133 P H £ 9 1 Q£ 7 9 1 - 6 17 C 7 F A, X. !9 1 0) 791-6,760 Board of Commissioners - August 1, 2016 ITEM: 9 - 10 - 13 A f S O d r a W L7 N L7 G fl 25;. CD CD r a s co � fA N � �' '. RL A f S O d r a W L7 N L7 G fl 25;. Board of Commissioners - August 1, 2016 ITEM: 9 - 10 - 14 L� a cro a,s s l j yam' "�y M1�' � �.. i "r -�1 r• "J '• '�l 'tip _ Board of Commissioners - August 1, 2016 ITEM: 9 - 10 - 14 L� a cro a,s Traffic Impact Worksheet Prior to submission of nonresidential site plan, this worksheet must be prepared A Tra, j, fie Impact A.naly -sis will be required for all projects generating 100 peak hour trips or mare. The scope of the TLA shall be determined by concurrence of the Planning Director, the MPD coordinator and !YCDOT traffic engineer. Arty mitigation measures re aired must be included in the final site plan submitted for review. PROJECTNAME Gerp s�7✓ PROJECT?,DDRESSdWI NI %V/r-19 �JuvvD DEVELOPER/OVVNER��`� -jam✓ - KI I�V�I�`a -/J�� EXISTING ZONING Yj li(/ �'J GROSS FLOOR AREA _ _ sq. ft. `- EARFST TNTF.RRFCTT0V BEFORE PROPOSED PROJECT Average Daily Traffic (Date) LEVEL OF SERVICE (LOS) ITE MANUAL TRAFFIC GENERATION ESTIMATE: '1TE MenuW available = Pleasing Depa-=aeit USE AND VARIABLES; CItif ( i%l�y Example. Racquet Club; 8 worts; Saturday peaks) AM PEAK HOUR TRIPS PM FEAR HOUR TRIPS (Traffic generation of I oo peak hour trips will require Traffic Impact Analysis Sroping meeting with Planning Department) Person Provi ding Estimate Zia ntra Peak Hour estimate confirmed by Planning &.Zoning on (Hate) By. Board of Commissioners - August 1, 2016 ITEM: 9 - 10 - 15 Project Name: Client: Project Number: Prepared By: Date: Middle Sound Loop Road Raleigh - Wilmington Investors 15407. PE DHW 618116 TRIP GENERATION CALCULATIONS - PRELIMINARY A MOUTE E ra 122 Cinema Drive Wilmington, North Carolina 28403 (910) 791 -6707 (0) (910) 791 -6760 (F) NC License #: C -2846 Board of Commissioners - August 1, 2016 ITEM: 9 - 10 - 16 RAM PA OUNTE S L� ass C r-j C. i N a ai r-z 'N' C r N c Middle Sound Loop Road Various Parcels Combined May 24, 2016 1540 '7.PE All that tracts or parcels of land located in Harnett Township, New Hanover County, State of North Carolina, being all of lots 1, 2, and 3 as shown on map book 53, page 333, a parcel of land as described in deed book 1290, page 1038 and shown in part of or entiren- on reap book 2, page 7' 7 and map boob 21, page 7 ", and a parcel of land as described in deed boob 56,3, page 1854; Said Tract being more pard.cularly described as follows: Beginning at an iron pip on the northwest side of :fiddle Sound Loop Road, a 60 foot v ide public right of �vay-. Said point being South 28 °11'06" \Vest a Distance of 302.94' from an existing concrete monument being the southeast control comer of map book 52, page 168; Thence from said paint of beginning with the northwest right of way line of Middle Sound Loop Road, South 27 °47'07" West a distance of 37.08' to an iron rod; Thence with a Curc-e Turning To The Rzght with an _arc Length of 138.35', '%sith a Radius of 592.97', x�ith a Chord Bearing of South 33 °08'02" West,,ixith a Chard Length of 138.04', To an iron rod on the boundary of lot 5 as shown on asap book 2, page 77; Thence with the northern boundary of lot a North 46 °15'3711 Vest a distance of 358.3 7 to an iron rod ser, Thence with the east boundary- of lot 6 and the west boundaries of lots 5 and 4 the following 5 courses; South 33 040'23„ West a distance of 138.66' to an etisting concrete monument; South 33041'47" West a distance of 65.04' to art exis ring iron rod; South 33 041'47" West a distance of 100.06' to an e%isting concrete monument; South 33 °24'35" Vest a distance of 117.70' to an emoting concrete monument; South 33° 39'15" West a distance of 117.34' to an es sting concrete monument being the common comer of lots 3, 4, 6, and 9 of said map; Thence -with the southern boundaz of lot 6 and the northern boundaries of lots 9 and 8 North 46 °59'06" West a distance of 100.38' to an iron pipe found; Thence North 46 °48'22" Vest a distance of 197.77' to an iron rod set; Thence with the apparent boundary line as occupied North 32054'54" East a distance of 9.39' to an iron pipe found; t 2 2 C 1 t+i E M A D R; V E S T E 2 G W 9 L M Q T C N C 7 E 3 P N ( 9 1 C y 7 9 1 - 4 7 G 7 7 A X ; ( 9 G) 7 4 1 - B 7 6 C Board of Commissioners - August 1, 2016 ITEM: 9 - 10 - 17 tor± VL *cen- ,4NLSL Lots Page 2 of 2 Thence with the apparent boundan. fine as occupied North 46'26'06" West a distance of 199.3" to an irons pipe found; Vence with the apparent boundan- line a occupied North 4-1"03'3 1 " W -est a distance of 29.9 ^' to an iron pipe found; Thence With the westem boundan- of lot l as shown on map book 21, page 77 passing the centerline of a 30 foot access easement at 260.96' _North 33 °33'08" East a total distance of 533.14° to an iron pipe found; Thence North 46'52'537' West a distance of 162.34' to an iron pipe found; Thence «-ith the northern boundary- of lot 2 of said map and passing an eXisting iron rod at 401,98' marking the eastern line of a 30 foot access easement as shown on map book 21, page and map book 2, page -- North 4052'53" West a total distance of 432.41' to an existing iron stake in concrete ©n the eastern boundan- of map book 18, page 109; Thence north with the boundary of map book 18, page 109 and the west boundary of lot 3 as shoz -s-n on imap book 53, page 353 North; 33030'34" East a distance of 165.36' tv an e -;sung concrete monument; Thence South 461047'04" East a distance of 481.29' to an e:tisting iron pipe; Thence north xvith land now or formerly of Holt North 33 034'01" East a distance of 265.94' to an iron pipe found on the sourherlr boundary of a 30' easement; Thence crossing said easement North 33 °44`0+6" East a distance of 30.41' to an iron pipe found on the northerly boundary of a 30' easement; Thence uith the northern boundary of said easement South 46 049'13" East a distance of 675.18' to an iron rod found; Thence southerly- passing over the southern limit of said easement at 3 1. 10 feet South 28 °10`08" West a distance of 302.80' to an existing iron rocs; Thence South 404701" East a distance of 490.48' to an e.%asting iron pipe being the Paint of Beginning. Containing 759,013+/- square feet or 17.425 acres, more or less. Board of Commissioners - August 1, 2016 ITEM: 9 - 10 - 18 (MM-71M NI)MUNd ilk . ..... . . .......... UN, qiNHIC;t� V"d- N-'-d 1101HN-A IDDSISICI DNINOZ IVNLALICINOD (MM-71M NI)MUNd ilk . ..... . . .......... Board of Commissioners - August 1, 2016 ITEM: 9 - 10 - 19 JIM Ell Board of Commissioners - August 1, 2016 ITEM: 9 - 10 - 19 ` ` 0 � ' ' `^ ~~ ~ ~ � ` ` Board ofCommissioners August 1.2010 .� }^. m / | ~^ , ~` `` � ' \ Board ofCommissioners August 1.2010 .� }^. m / | ~^ , ~` `` � OPPOSITION COMMENTS Board of Commissioners - August 1, 2016 ITEM: 9 - 11 - 1 Stop Middle Sound Loop Rezoning %0 - 2 c 4p5ioo About this petition Stop R -15 Rezoning on Middle Sound Loop, 2400 Middle Sound Loop Rd. Vote to keep R -20. Planning Board June 8th. Please have everyone 18 and older sign. For your signature to legally count you must include your address. Thank you. Board of Commissioners - August 1, 2016 Pagl f,?U39 - 12 - 1 ! f UG Yc i Z. I L Mr RE This petition has collected 123 signatures using the online tools at iPetitions.com Printed on 2016 -06 -09 Board of Commissioners - August 1, 2016 PagVLOW9 - 12 - 2 Signatures 1. Name: danna czesak on 2016 -06 -06 19:33:32 Comments: N 3 n 5 Name: Corinne Kalsky on 2016 -06 -06 20 :08:29 Comments: Name: teresa crist on 2016 -06 -06 20:13:06 Comments: There is enough traffic on this Loop Road as it is, and enough loss of habitat. Name: Karen Johnson Comments: Name: Warren Powell Comments: on 2016 -06 -06 20:18:43 on 2016 -06 -06 20:19:19 6. Name: Jennifer Davis on 2016 -06 -06 20:20:25 Comments: Stop R -15 rezoning if Middle Sound Loop Rd!! 7 Q E Name: cheryl yopp Comments: Name: Lauren Ford Comments: on 2016 -06 -06 20:29:58 on 201606 =06 20:35:56 Name: sheri johnston on 2016 -06 -06 21:06:17 Comments: NO to R -15 Rezoning 10. Name: Elizabeth Cameron on 2016 -06 -06 21:14:36 Comments: Elizabeth Cameron. I am against any rezoning anything on Middle Sound to R -15.. that will ruin out quality of life in this area 11. Name: kim beller on 2016 -06 -06 21:18:13 Comments: Please do not rezone Middle Sound Loop Road. Traffic is already bad and will get worse with rezoning. No reason to add more danger in an area with an elementary school and so many residents. Thank you! 12. Name: Robert R Johnston on 2016 -06 -06 21:25:03 Comments: Please stop this rezoning. This will allow higher density. The HWY 17 to Middle Sound Loop intersection cannot handle the traffic load now! Board of Commissioners - August 1, 2016 Pag9 f L@M39 - 12 - 3 13. Name: William Bohannon on 2016 -06 -06 21:28:43 Comments: We don't need any more density in this area. 14. Name: Jennifer Opresnick Rieker on 2016 -06 -06 21:30:47 Comments: This development is planned for 2400 Middle Sound Loop Road. There is a developer who owns a portion of this property and wants to develop it at R20 zoning. Paramounte Engineering, Inc, wants to purchase the property from this developer and have it re -zoned R15, just so he can make a profit. Please sign the petition and keep the R -20 zoning on Middle Sound 15. Name: Gloria Miller on 2016 -06 -06 21:56:38 Comments: Saturated... enough 16. Name: Kasey Werner on 2016 -06 -06 21 :58:05 Comments: Stop R -15 rezoning on Middle Sound LoopH 17. Name: Roger bass on 2016 -06 -06 21:58:39 Comments: 18. Name: Jenny Nelligan on 2016 -06 -06 22:00:27 Comments: 19. Name: Krista cotton on 2016 -06 -06 22:07:56 Comments: 20. Name: David Kober on 2016 -06 -06 22:08:30 Comments: 21. Name: Candace Thompson on 2016 -06 -06 22:14:23 Comments: 22. Name: Nicole Krueger on 2016 -06 -06 22:20:29 Comments: 23. Name: Cathy Leonard on 2016 -06 -06 22:26:39 Comments: Area cannot handle more development. 24. Name: Peggy hewitt on 2016 -06 -06 22:27:08 Comments: No to rezoning... schools already over crowded, too much traffic as it is, and the environmental impacts. Anyone know the date it is scheduled to go in front of the board? 25. Name: Trisha Antley on 2016 -06 -06 22:31:11 Board of Commissioners - August 1, 2016 Pag9YEIV39 - 12 - 4 Comments: Enough is enough... 26. Name: ashley lee on 2016 -06 -06 22:41:35 Comments: 27. Name: Terri Klingenberger on 2016 -06 -06 22:45:57 Comments: 28. Name: Janey Roth on 2016 -06 -06 22:46:03 Comments: 29. Name: Stacey Stone on 2016 -06 -06 22:46:38 Comments: 30. Name: Deb Bowen on 2016 -06 -06 22:47:48 Comments: 31. Name: fran howard on 2016 -06 -06 22:53:21 Comments: 32. Name: Kay Loflin on 2016 -06 -06 22:56 :56 Comments: Enough is enough ... I will gladly go door to door if you need me to to get paper petitions signed!!!! 33. Name: Valerie Kinsley on 2016 -06 -06 22:58 :10 Comments: Please no more development !! No to change!!! 34. Name: Patrick Argo on 2016 -06 -06 23:03 :32 Comments: 35. Name: Lisa Harrison on 2016 -06 -06 23:06:09 Comments: No rezone! 36. Name: Tara Burton on 2016 -06 -06 23:06:31 Comments: 37. Name: Greg Messer on 2016 -06 -06 23:15:41 Comments: 38. Name: Ginny Jones on 2016 -06 -06 23 :16:00 Comments: We fought hard to get the R -20 zoning years ago, and the pockets of higher density show how poorly that's been enforced. Why open the door to R -15? We've lost Board of Commissioners - August 1, 2016 Pagl39 - 12 - 5 the Howe Creek Outstanding Resource Water designation due to overdevelopment. Where will it end? This area is environmentally fragile and needs protection. Ditto to all the other concerns voiced here. 39. Name: Heather Musselwhite on 2016 -06 -06 23:30:52 Comments: 40. Name: Melody Jolly on 2016 -06 -06 23:35:56 Comments: Eventide Blvd. 28411 41. Name: Mary burton lewis on 2016 -06 -06 23:40:01 Comments: 42. Name: Halsey Allen on 2016 -06 -06 23:42:06 Comments: 43. Name: Amy Layton on 2016 -06 -06 23:42:35 Comments: Please do not allow the rezoning of middle sound loop 44. Name: Mary Borneman on 2016 -06 -06 23:52:48 Comments: 45. Name: Megan Atterbury on 2016 -06 -06 23:54:26 Comments: 46. Name: Lance Nelligan on 2016 -06 -07 00:03:44 Comments: No re -zone, I think the 1000+ houses they've built over the last few years is enough! 47. Name: Brooke Batts on 2016 -06 -07 00:18:33 Comments: 48. Name: Susan Grimstead on 2016 -06 -07 00:18:52 Comments: 49. Name: Charles m davis on 2016 -06 -07 00:19:54 Comments: 50. Name: Brittani Vallina on 2016 -06 -07 00:26:13 Comments: 51. Name: Johanna Klingenberger on 2016 -06 -07 00:45:36 Board of Commissioners - August 1, 2016 Pag 'ib -12 -6 Comments: 52. Name: Laura Moore on 2016 -06 -07 00:51 :39 Comments: MSL is a special place that is getting over -run with overdevelopment. 53. Name: Deborah Bland on 2016 -06 -07 00:53:07 Comments: 54. Name: mark czesak on 2016 -06 -07 00 :54:34 Comments: 6724 barren inlet rd 28411 55. Name: Cindy Blunt on 2016 -06 -07 01:03:14 Comments: 56. Name: Keegan on 2016 -06 -07 01:06:23 Comments: My mom told me I had too 57. Name: Amanda Barbour on 2016 -06 -07 01:08:12 Comments: 58. Name: Jaimie Lang on 2016 -06 -07 01:11:05 Comments: 59. Name: Ashley Baker on 2016 -06 -07 01:12:48 Comments: 103 pickway ct 60. Name: Dolores Maier on 2016 -06 -07 01:15 :36 Comments: The school is already over crowed and the only road in and out of Middle Sound is too dangerous for more traffic. No more building on the Loop! 61. Name: Marie Walker on 2016 -06 -07 01:26:56 Comments: 62. Name: Megan Demolina on 2016 -06 -07 01:32:39 Comments: 63. Name: Beth Terry on 2016 -06 -07 01:55:55 Comments: 64. Name: susn greene on 2016 -06 -07 02:02 :48 Comments: Board of Commissioners - August 1, 2016 Pa9 ib -12 -7 65. Name: Don Stutts on 2016 -06 -07 02:06:47 Comments: For those of us who are true locals, myself having grown up on Middle Sound prior to the 1990's buildup, this has been a long battle. If residents give even an inch, the community will disappear under a wave of road widening and commercial expansion, and any semblance of livability will be gone. 66. Name: Jim Wrwn on 2016 -06 -07 02:12:22 Comments: R15 is not appropriate on Middle Sound, in the middle of R20 zoning. This is historically not a high density neighborhood, and the current zoning is at the root of its charm / desirability/ property valuation. 67. Name: DARCY SMITH on 2016 -06 -07 02:40:37 Comments: 68. Name: Robert Parr on 2016 -06 -07 03:15:03 Comments: No rezoning in Middle Sound for reasons of public safety. Middle Sound Traffic signal is not safe at present levels and this rezoning will add additional traffic to overloaded system. In addition this property is located on land locked piece of land with exceptionally poor drainage and all traffic from increasing density will further compound already backed up traffic at Ogden School Round About. No justification to change zoning in face of well documented public safety concerns. 69. Name: Joy O Cox on 2016 -06 -07 03:24:38 Comments: 70. Name: Anne Wilson on 2016 -06 -07 08:37:25 Comments: 71. Name: elizabeth cameron on 2016 -06 -07 09:54:25 Comments: 2213 Middle Sound Loop Rd & 2319 Middle Sound Loop Rd 72 73 Name: Nicole Rollins on 2016 -06 -07 10:20:24 Comments: Name: Chip Baker on 2016 -06 -07 11:27:48 Comments: 103 Pickway Ct. 74. Name: Karen Harradine on 2016 -06 -07 11:32:42 Comments: 75. Name: Belinda Keller on 2016 -06 -07 11:39:42 Comments: The homes in the new construction are already climbing into their neighbors' bathroom windows. Enough. Board of Commissioners - August 1, 2016 Pagq -f L0 V1r39 - 12 - 8 76. 77 Name: ogden resident on 2016 -06 -07 11:39:48 Comments: Name: Jon Blank on 2016 -06 -07 12:07:50 Comments: Protect our wetlands. No need for this dense zoning alteration. 78. Name: Bernie Rollins on 2016 -06 -07 12:11:12 Comments: R -15 -- It will feel just like Jersey!! 304 Harlandale drive - NO MO! 79. Name: John Barbour on 2016 -06 -07 12:12:50 Comments: 306 Pages Creek Dr. Wilmington, NC 28411 80. Name: garland wall on 2016 -06 -07 12:16:53 Comments: 81. Name: James Barnes on 2016 -06 -07 12:16:56 Comments: 6210 Wolfhead Ct Middle Sound should not change ANY of its zoning from the current R20 to anything with a higher density. Due to the nature of the egress in and out of our community being mainly on Middle Sound Loop Road, adding increased traffic would prove disastrous. Especially in an emergency situation. A money grab by a developer for the sake of money and NOT betterment of a community should NEVER occur. 82. 9M Name: Amy Rivenbark on 2016 -06 -07 12:35:49 Comments: Name: Michelle Fletcher on 2016 -06 -07 12:35:59 Comments: 4006 Glen Arbor Dr The loop is home to so many beautiful creatures who are getting run out of their habitats. Stop trying to saturate the community with more homes for the humans! New developments are already eating away at all of Middle Sound's natural wildlife habitats! 84. Name: Adam Shay on 2016 -06 -07 12:38:25 Comments: E. :. Name: Anna Mann on 2016 -06 -07 12:50:56 Comments: 4954 Park Ave. Wilmington, NC 28403 Name: Frank Caminiti on 2016 -06 -07 12:58:34 Comments: Board of Commissioners - August 1, 2016 Pagq -PLOU39 - 12 - 9 87. Name: Deborah Smith on 2016 -06 -07 13:31:15 Comments: 88. Name: Maureen Mutschler on 2016 -06 -07 13:42:25 Comments: 89. Name: Suzanne Nystrom on 2016 -06 -07 14:05:00 Comments: Let's keep our beautiful quiet community that way. We love our natural setting and wish to keep it that way. 90. Name: Lars Nystrom on 2016 -06 -07 14:05:54 Comments: 91. Name: Edmund McCaffrey on 2016 -06 -07 14:29:15 Comments: Middle Sound Loop will be unacceptably dangerous if higher density zoning is allowed in Middle Sound. Develop like your child lived here. 92. Name: Amy Brown Fox on 2016 -06 -07 14:31:34 Comments: 93. Name: Bryan Crist on 2016 -06 -07 14:40:03 Comments: 94. Name: James Taylor on 2016 -06 -07 15:12:50 Comments: I live at 410 E Bedford Rd, Wilmington, NC 28411. we have enough traffic and pollution on Middle sound already. 95. Name: Jeana Powell on 2016 -06 -07 17:11:06 Comments: 2330 Middle Sound Loop Road Wilmington, NC 28411 96. Name: Matt Pittroff on 2016 -06 -07 17:41:37 Comments: 97. Name: Susan McCaffrey on 2016 -06 -07 17:47:41 Comments: Middle Sound Look Rd between Market St. and the traffic circle cannot accommodate the traffic load mornings and evenings - especially since drivers mistake the inside left turn lane coming out of Middle Sound as a turning lane to get into Burger Kind -- several near misses there. 98. Name: Norman Merritt on 2016 -06 -07 17:51:35 Comments: Board of Commissioners - August 1, 2016 PagVER09 - 12 - 10 99. Name: Christa Jones on 2016 -06 -07 18:33:31 Comments: Stop building on Middlesound!!!! So sick of it being all about money!!! Leave our what's left of our Loop ALONE!!! 202 Friday Drive, Wilmington, NC 28411 Treasure Cove /North Hills 100. Name: Kelly Mathis on 2016 -06 -07 18:37:45 Comments: No more development. 101. Name: Tim Mooney on 2016 -06 -07 18:38:44 Comments: Current Zoning is adequate for property owners to develop their land. 102. Name: Debra Whitney on 2016 -06 -07 18:39:33 Comments: 103. Name: nancy ruffiin on 2016 -06 -07 19:03:57 Comments: 104. Name: Sharon Carraway Jones on 2016 -06 -07 19:17:38 Comments: 105. Name: Mark Keller on 2016 -06 -07 19:29:42 Comments: Stay Away Development. Just leave things the way they are. Odgen Middle School can no longer take kids moving onto the loop so that right there should tell developers that We Are Full. 106. Name: Connie M Batchelder on 2016 -06 -07 20:02:27 Comments: 107. Name: Lauren Ford on 2016 -06 -07 20:21:38 Comments: 1005 anchors bend way 108. Name: Davud Lehman on 2016 -06 -07 20:47:19 Comments: Too many homes on small lots already. 109. Name: Rosa Lee Gay on 2016 -06 -07 21:00:36 Comments: 110. Name: Julie Smith Comments: on 2016 -06 -07 21:01:32 Board of Commissioners - August 1, 2016 PaggftO:1§ -12 -11 111 112. Name: kim wafters on 2016 -06 -07 21:06:23 Comments: 1955 middle sound loop rd Name: Colleen Printy on 2016 -06 -07 21:28:22 Comments: 113. Name: Pamela Payton -Parr on 2016 -06 -07 22:21:27 Comments: As someone who canvased my neighborhood to support the original R -20 citizen initiative to protect water quality in Middle Sound, I am very supportive of the current zoning. Please do NOT rezone. 114. Name: tommy watters on 2016 -06 -07 22:26:41 Comments: Why have zoning if we keep rezoning. 115. Name: Sarah McIntosh on 2016 -06 -08 02:07:29 Comments: 116. Name: Chris ward on 2016 -06 -08 10:46:47 Comments: You son of bitches want be happy till every damn tree on the loop is gone GO AWAY ASSHOLES!!!!!!!! Go make money elsewhere because for you that's all it's about when you leave with your pockets full we have to deal with the traffic 117. Name: Natalyn Bachek on 2016 -06 -08 11:06:26 Comments: 118. Name: Steve and Ingrid Jaffe on 2016 -06 -08 13:36:36 Comments: Residents of Middle Sound for almost 40 years. This rezoning proposal is a public safety issue (traffic of course) as well as a downgrading of our quality of life. 119 120 Name: Matthew Scott Davis on 2016 -06 -08 15:22:07 Comments: Name: J B Henderson on 2016 -06 -08 19:42:36 Comments: Do not change the R20 zoning. 121. Name: Kirk Downing on 2016 -06 -08 23:06:23 Comments: I've seen this before by the greedy developers who swooped into the city of Homestead, FL just before the housing crisis began. Allowing more homes on smaller lots is the kiss of DEATH. And it is permanent. This area is one -of -a -kind. Give people a front and back yard of a decent size. I hate it when homes are crammed together! Looks like crap! 122. Name: Annie cilinski on 2016 -06 -08 23:51:36 Board of Commissioners - August 1, 2016 PaggYgN O - 12 - 12 Comments: 123. Name: Megan Ridenhour on 2016 -06 -09 02:04:06 Comments: Board of Commissioners - August 1, 2016 a9V9 Y: iO - 12 - 13 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: August 1, 2016 REGULAR DEPARTMENT: Planning PRESENTER(S): Brad Schuler, Current Planner (Planning Board Rep: Dave Weaver) CONTACT(S): Brad Schuler; Ben Andrea, Current Planning & Zoning Supervisor; Ken Vafier, Planning Manager; and Chris O'Keefe, Planning & Inspections Director SUBJECT: Public Hearing Rezoning Request (Z -960, 7/16) — Request by Design Solutions, Applicant, on Behalf of the Property Owners, 6943 Market, LLC, to Rezone 2.07 Acres Located at the 8800 Block of Market Street from R- 15, Residential District, to (CZD) B -1, Conditional Business District, in Order to Develop Two Commercial /Office Buildings BRIEF SUMMARY: The property proposed to be rezoned consists of three parcels of land totaling 2.07 acres. It is located on Market Street, north of the I -140 interchange, and was zoned R -15 when zoning was initially applied to this area in 1971. The zoning in the vicinity consists mostly of residential zoning, however, there are a couple of commercially zoned properties along Market Street. Just south of the subject property is an existing B -1 district containing a building which is currently being used as contractor offices. Please note that there is a small portion of R- 15 zoning between the subject property and that noted B -1 district. The North New Hanover Regional Medical Center Emergency Department is located to the north on property that includes plans for a major subdivision, charter school, and office /retail uses. The Stephens Pointe Apartments are located to the southwest, across Market Street, on property zoned (CUD) O &I. The proposed conditional district will limit the uses of the buildings to 11 office /retail uses which are detailed in the staff summary. The property owner initially plans to use the property for a paint and flooring company which would generate 70 trips in the AM peak, and 28 trips in the PM peak. The other uses allowed within the district are not high trip generating uses and should not exceed 100 trips in either the AM or PM peak. Therefore, a Traffic Impact Analysis (TIA) was not required to be completed. According to the 2006 CAMA Plan, the site is classified as Transition. The purpose of the Transition classification is to provide for future intensive urban development on lands that have been or will be provided with necessary urban services. The application is consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the property is located on a major arterial street and is in close proximity to public water and sewer services. In addition, the Land Use Plan encourages commercial development to occur on major thoroughfares and at major intersections in the County. The proposal is also consistent with 2016 Comprehensive Plan because it provides light intensity nonresidential uses within existing residential areas to provide community level services. The application was heard by the Planning Board at their July 7, 2016 meeting. No one spoke in favor or in opposition of the proposal. The Planning Board recommended approval of the application with conditions (5- 0), which are listed below in the staffs suggested motion. The Planning Board added the fourth condition, ensuring that the development will be screened from residential uses and zoning districts. Board of Commissioners - August 1, 2016 ITEM: 10 STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Attract and retain new and expanding businesses • Implement plans for land use, economic development, infrastructure and environmental programs • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends approval and suggests the following motion: Motion to approve, as the Board of Commissioners finds that this application for a zoning map amendment of 2.07 acres from R -15, Residential District, to (CZD) B -1, Conditional Business District as described is: Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the Transition classification provides for intensive urban development on lands that have been provided with necessary urban services. The property is located on a major arterial street and is in close proximity to public water and sewer services. In addition, the Land Use Plan encourages commercial development to occur on major thoroughfares and at major intersections in the County. The proposal is also consistent with 2016 Comprehensive Plan because it provides light intensity nonresidential uses within existing residential areas to provide community level services. 2. Reasonable and in the public interest because it maximizes the effectiveness of commercial uses by locating them within close proximity to the markets they serve and by ensuring that such commercial uses do not diminish the quality of life of the existing residential communities. Conditions: 1. A 20 -foot wide access easement shall be dedicated to the County along Market Street for the purpose of installing a future pedestrian facility. 2. A connection for future parking lot cross - access shall be provided to the adjoining land south of the proposed development. The connection shall be constructed to the property line. 3. Signage shall be included on site indicating the address of any property for which access is provided through the site. The signage shall comply with applicable county standards. 4. A fully opaque buffer shall be provided along the perimeter of the development to screen it from adjacent residential uses and zoning. ATTACHMENTS: Z -960 Script for BOC Z -960 Petition Summary Z -960 Staff Summary BOC Z -960 Neighbor Properties Map Z -960 Zoning Map Z -960 CAMA Map Z -960 Water -Sewer Map Applicant Materials Cover Page Proposed Site Plan Cover Page Z -960 Proposed Site Plan Z -960 Application Board of Commissioners - August 1, 2016 ITEM: 10 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as presented by staff. COMMISSIONERS' ACTIONS: Approved 4 -0 with conditions as presented by staff. Board of Commissioners - August 1, 2016 ITEM: 10 SCRIPT FOR Conditional Zoning District Application (Z -960, 7/16) Rezoning Request (Z -960, 7/16) - Request by Design Solutions, applicant, on behalf of the property owners, 6943 Market, LLC, to rezone 2.07 acres located at the 8800 block of Market Street from R-15, Residential District, to (CZD) B-1, Conditional Business District, in order to develop two commerdal /office buildings. The property is classified as Transition according to the 2006 CAMA Land Use Plan. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and additional 5 minutes for rebuttal. 2. Conduct Hearing, asfollows a. Staff presentation b. Applicant' s presentation (up to 15 minutes) C Opponent's presentation (up to 15 minutes) d. Applicant's cross examination /rebuttal (up to 5 minutes) e. Opponent's cross examination /rebuttal (up to 5 minutes) 3. Gose the Public Hearing 5. At this time, you may ask to either continue the application to a future meeting, or to proceed with this Board deciding whether to approve or deny of the application. What do you wish to do? 6. Vote on the conditional zoning district application. The rmtion should include a statement saying how the change is, or is not, consistent with the land use plan and why it is, or is not, reasonable and in the public interest. Staff Suggested Motion: Motion to approve, as the Board of Commissioners find that this application for a zoning map amendment of 2.07 acres from R15, Pesidential District, to (CZD) B-1, Conditional Business District asdescribed is 1. Consistent withthe purposesand intent of the 2006 CAMA Land Use Ran because the Transition classification providesfor intensive urban development on landsthat have been provided with necessary urban services. The property is located on a major arterial street and is in dose proximity to public water and sewer services. In addition, the Land Use Ran encourages commercial development to soar on major thoroughfares and at major intersections in the County. The proposal isalso consistent with 2016 Comprehensive Ran because it provideslight intensity nonresidential useswithin existing residential areasto provide cormhunity level service. 2. Peasonable and inthe publicinterest because it m>aximizesthe effectivenessof commercial uses by locating them within dose proximity to the markets they serve and by ensuring that such commercial uses do not diminish the quality of life of the existing residential comrrunities Board of Commissioners - August 1, 2016 ITEM: 10-1 -1 Conditions 1. A 20 foot wide accesseasen-ent shall be dedicated to the County along Market Street for the purpose of installing a future pedestrian facility. 2. A connection for future parking lot cross - access shall be provided to the adjoining land south of the proposed development. The connection shall be constructed to the property line. 3. Signage shall be induced on site indicating the address of any property for which access is provided through the site. The signage shall corrply with applicable county standards. 4. A fcily opaque buffer shall be provided along the perimeter of the development to screen it fromadjacent residential usesand zoning. Board of Commissioners - August 1, 2016 ITEM: 10- 1 - 2 / Aa cjN .,+T L-�- ❑sue+ Rezone from R-15, Pesidential District, to (CZD) B-1, Conditional Business District tO 6■ {j M§Aff 5Aa Parcel Location & Acreage: 8800 block of Market El reet 2.07 acres Petitioner /Owner: CindeeWolf, Design SDI utions(Applicant) Schools: Blair Bementary, Eaton Bmentary, Holly Shelter Middle, Laney High -❑❑❑V6 E111 0° S. -109:1 Board of Commissioners - August 1, 2016 ITEM: 10- 2 - 1 6943 Market, LLC(Owner) Existing Land Use: 9ngle Family Dwelling/ Undeveloped Zoning History: July 6, 1971 - Initially zoned R-1 5 viaArea 5 Land Classification: Transition Water Type: Public Sewer Type: Public Recreation Area: Ogden Park Access: Market Elreet Fire District: New Hanover County North Watershed & Water Quality Classification: Futch Creek (S4;HQW) Conservation/ Historic/ Archaeological Resources: No known historic or archaeological resources Soils and Septic Suitability: Leon Sand (Le) - Class III: Severe Limitation Schools: Blair Bementary, Eaton Bmentary, Holly Shelter Middle, Laney High -❑❑❑V6 E111 0° S. -109:1 Board of Commissioners - August 1, 2016 ITEM: 10- 2 - 1 CONDITONALZONING DISTRICTAPPUCATON CASE: Z -960, 7/16 PETITONER Ondee Wolf of Design S:)lutions, applicant 6943 Market, LLC, property owner RBQUEST: Fbzone from R-1 5, Residential District, to (CZD) B-1, Conditional Business District ACREAGE 2.07 acres LOCA11ON: 8800 block of Market Sreet R Ds: M2900- 003 - 031 -000 F;D2900- 003 - 029 -000 F;D2900- 003 - 028 -000 2006 LAMA LAND CLASS Transition 2016 COM P PLAN PLACE TYPE Community M ixed Use PLANNING BOARD ACTION: The application was heard by the Planning Board at their July 7, 2016 meeting. No one spoke in favor or in opposition of the proposal. The Ranning Board recommended approval of the application with conditions (5 -0), which are listed below in the staff's suggested motion. The Ranning Board added the fourth condition, ensuring that the development will be screened from residential uses and zoning. EXISTING CON DI T ONS Existing Zoning and Land Uses The property proposed to be rezoned consists of three parcels of land totaling 2.07 acres. It is located on Market Sreet, north of the I -140 interchange, and was zoned R-15 when zoning was initially applied to this area in 1971. r' ZOning �' s f(CZD) o &l ry, R -15 z -9 b0 B-1 {CUD) O$�I ■■■h, 6 Board of Commissioners - August 1, 2016 ITEM: 10- 3 -1 The zoning in the vicinity consists mostly of residential zoning, however there area couple of commercially zoned properties along Market Elreet. Just south of the subject property is an existing B-1 district containing a building which iscurrently being used as contractor offices. Please note that there is small portion of R-15 zoning between the subject property and that noted B-1 district. The North New Hanover Regional Medical Center Emergency Department is located to the north on property that includes plans for a major subdivision, charter school, and office /retail uses. The Elephens Pointe Apartments are located to the southwest, across M arket Elreet, on property zoned (CUD) 0&I. Existing Ste Conditions The property proposed to be rezoned currently consistsof three undeveloped parcelsof land totaling 2.07 acres. Community B?rvices Water and Bawer: The property is within the urban services boundary, and water and sewer services are located within the nearby vicinity. The development will connect to C>= PUAwater and sewer service. Fire Protection: The property is served by New Hanover County Fire B?rvices and located in the New Hanover County North Fire District. Schools. The property is located within the school districts for Blair Bementary, Eaton Bementary, Holly Shelter Middle, and Laney High schools, however the proposed use will not have an impact on the school system. Conservation, Historic, and Archaeological Fasources The subject property does not host any known conservation, historic, or archaeological resources. ■ ■ ■h. "I S Board of Commissioners - August 1, 2016 ITEM: 10- 3 - 2 PETITIONER'S REQUEST: The petitioner is seeking to rezone the 2.07 acres currently zoned R-15, Fbsidential District, to (CZD) B-1, Conditional Business District, in order to develop two commercial/ office buildings totaling 10,150 square feet. STAFF P09110N: Zoning and Subdivision Ordinance Considerations The purpose of the Business District shall be to provide convenient shopping facilities primarily of necessity goods and personal services required to serve a neighborhood. The district's principal means of ingressand egressshall be along collector roads, minor arterials, and /or major arterials. A conceptual site plan is included as part of the application and is shown below. If this application is approved, the property must be developed in accordance with the site plan. The applicant is proposing to develop two commercial/ office buildings totaling 10,150 square feet. The following uses would be allowed within the proposed district: • Special trade& general contractorswith no outside storage; • Furniture, home furnishings & equipment; • General merchandise; • Handcrafting small art ides; • Hardware; • M i scel I aneous ret ai 1; • Barber/ beauty shop; • Busi ness services i nd udi ng pri nt i ng; • Personal services; • dock, watch & ,Jewelry repair; and • Offices for private businesses& professional activities. Further, the applicant is proposing the following conditions be added to the development: 1. A 20 foot wide access easement shall be dedicated to the County along Market Street for the purpose of installing afuture greenway. 2. Aconnection for future parking lot cross - access shall be provided to the adjoining land south of the proposed development. The connection shall be constructed to the property line. 3. 9gnage shall be included on site indicating the address of any property for which access is provided through the site. The signage shall comply with applicable county standards. The proposed development must also go through the County's site plan/ building permit review process. The process includes the review of the technical standards of the County's development regulations, including landscaping, buffering, and stormwater requirements. Afully opaque buffer is required along the perimeter of the property to screen the commercial /office use from the adjoining residentially zoned land. As currently shown, the site plan complies with the standards of the Zoning Ordinance. ■ ■ ■h. "I S Board of Commissioners - August 1, 2016 ITEM: 10- 3 - 3 ,. �7a ',."rte: �:._•z.^.^ � / i / / / i •� -� �� ���� it ✓r� � � // �J Conditional Zoning Custom Colors Faint &Flooring 1T District Concept Plan -bnceptual Ste Ran Currently, a dirt driveway runs through the subject property and provides access to a parcel to the east. The applicant has agreed to continue to provide this access, and will dedicate an official access easement to the adjoining property owner. However, portions of the existing driveway will be removed, and access will be provided through the parking lot of the proposed development. Transportation The property owner initially plans to use the property for a paint and flooring company which would generate 70 trips in the AM peak, and 28 trips in the RVl peak. The other usesallowed within the district are not high trip generating uses and should not exceed 100 peak hour trips. Therefore, a Traffic Impact Analysis (-1A) was not required to be completed. The North Carolina Department of Transportation conducted a traffic count on this portion of Market Elreet in 2013. The count found an Annual Average Daily Traffic (AADT) of 34,000 trips. This portion of Market Elreet has a capacity of 43,700 daily trips, which by using the volume to capacity ratio, would equate to a "D" Level of Service (LOS). LOS ranging from A to D are considered to be acceptable. The NHC/Wilmington Comprehensive Greenway Ran proposes that a greenway network be installed along this portion of Market Eireet. A condition is being proposed to be placed on the district that will require a 20 foot accesseasement be dedicated to the county for the purposes of installing a future multi- use path. Below is proposed greenway network as illustrated in the Greenway Ran. 011■LTYA.■■9 Board of Commissioners - August 1, 2016 ITEM: 10- 3 - 4 0 °S. -109:1 4 rrrr� Proposed Greenway -- --• Proposed Bicycle Lanes `F ♦ ��p -- Purposed Sha- rr „_"�',•F•• ' ���wr�r�irr � SobleCT PYOgerly� � � �''� �f • Proposed Boat Bicycle Launch Site Bddge \ ,rti � ��'.%�P'.p1r- ♦ ♦, � Existing Boat launch She Existing Greenway (14� WAn r d' r a © _ Existing Bicycle Lanes .A �a : �� 4 i ^ti Existing Paved Shoulders ;0. ,,� Existing Baueway jr 4+ltnuuvs swy o�i 'r � r �'T2°Gc \ ,F' v �~r �s,..i •ry��8? �� �r .r,Wrr.r = /'�r IV Fix ♦ $ 1- 17 NHCl W1Imington Q eenway Ran Environmental The property does not contain any Special Rood Hazard Areas or Significant Natural Heritage Areas. Stormwater management will be reviewed by New Hanover County Engineering and by the NC Department of Environmental Quality. Land Use Ran Considerations According to the 2006 LAMA Ran, the site is classified as Transition. The purpose of the Transition classification is to provide for future intensive urban development on lands that have been or will be provided with necessary urban services. Relevant Polides of the Land Use Plan: Fblicy4.1 Designate sufficient land area and suitable locations for the various land use types Board of Commissioners - August 1, 2016 ITEM: 10- 3 - 5 0 °fie -109:1 Fblicy4.3 Maximize effectiveness of commercial uses by assuring that land is available for commercial uses within close proximity to the markets they serve and by ensuring that such commercial uses do not diminish the quality of life in nearby residential areas 2016 Comprehensive Land Use Ran Future Land Use Map classifies the property as Community Mixed Use. The Community Mixed Use Race Type focuses on small- scale, compact, mixed use development patterns that promote multimodal travel and act as an attractor for county residents and visitors. These areas share several qualities with higher - intensity mixed use place types, including a combination of ground floor retail with office space and housing above, wider sidewalks, and an emphasison streetscaping. However, these centersare generally small, no more than a few square blocks. Qvic uses, particularly recreation and public gathering places, are particularly encouraged here. Ideally, large - scale, lower density commercial and industrial developments are prohibited. Fetail uses are appropriate within the Community M ixed Use Race Type provided they are limited to a maximum of two stories and are of low to moderate density. Relevant Goals, Strateges, and Guidelinesof the Comprehensive Plan: Dom Sapport business growth Et rate C. Aign county zoning ordinancesto encourage targeted business in appropriate areas. Guidelines C.3 Develop strategies for encouragingoffice, retail, and other light intensity nonresidential uses within existing residential areas to provide community level service. Dmbmd/K Integrate multi -modal transportation into mixed land uses that encourage safe, walkable communities (Desired Outcome: A community with a mixture of land uses that allows for individuals to perform daily tasks without the use of an automobile. A community where individuals can safely walk, bike, and access transit.) Et rate A. Feview existing design standards and apply best practices to ensure transportation infrastructure is safe for all multimodal users. Guidelines Al Encourage bicycle friendly design treatments such as wide outside lanes, signage, dedicated routes, bike lanes, and shared use paths into new developments. Et rate D. Review existing parking lot design standards to determine if changes are needed to encourage safety for all users. Guidelines D.2 Encourage/ permit shared parking between compatible land uses to reduce development costs, impervious surfaces, and reduce/ minimize access locations on roadways. DaI666LIL Increase physical activity and promote healthy, active lifestyles (Desired Outcome: A built environment that encourages active life styles and increased health through walking and biking.) El rate B. Connect walkways, parking lots, greenways, and developments to encourage pedestrian activity. ■ ■ ■h. "I S Board of Commissioners - August 1, 2016 ITEM: 10- 3 - 6 Guidelines C.1 Encourage dedication or provision of easements for multi -use paths consistent with the Greenway Master Ran and other adopted plans. Overall, this application is consistent with the Comprehensive Ran. The proposed buildings will be one story and have a height of 13 feet, and therefore consistent with intent of the Community Mixed Use place type. In addition, the proposed development will provide an aooesseasement for a future greenway, and a connection for a future parking lot cross - accesswith the adjoining property to the south; consistent with the above goals, policies, and guidelines of the Ran. REVI BIV AND ACTION: This request is being facilitated by 11dion 55.3 — Conditional Zoning District of the County's Zoning Ordinance, and has been processed and reviewed per Section 110 — Amending the Ordinance. A community meeting was held on Wednesday, June 1St, 2016 i n accordance with the requirementsfor such an application. The applicant has provided a summary of the meeting which includes the concerns and comments brought up by the attendees. Staff recommends approval of the application. Elaff condudesthat the application isconsistent with the requirements of the Zoning Ordinance and also the 2006 Wilmington -New Hanover County CAMA Land Use Ran. Specifically, the property is accessed by an arterial street and is located near a major intersection where nonresidential uses are encouraged to locate. This proposal also complies with Fblicy 4.3 of the Land Use Ran: Maximize effectiveness of commercial uses by assuring that land is available for commercial uses within dose proximity to the markets they serve and by ensuring that such commercial uses do not diminish the quality of life in nearby residential areas ■ ■ ■h. ", 6 Board of Commissioners - August 1, 2016 ITEM: 10- 3 - 7 Action Needed • Motion to approve the petitioner's application [with or without agreed upon conditions] • Motion to "table" the application in order to receive more information • M otion to deny the petitioner's application based on specific reasons Example M otion for Approval: Motion to approve, asthe Board of Commissioners fi nd that t his appl ication for azoning map amendment of 2.07 acres from R-1 5, Residential District, to (C2D) B-1, Conditional Business District as described is: 1. Consistent with the purposes and intent of the 2006 LAMA Land Use Ran because Describe elements of controlling land use plans and how the amendment is consistent l. 2. R-,asonable and in the public interest because [Briefly explain why. Factors may indude public health and safety. character of the area and relationship of uses, applicable plans, or balancing benefits and detriments. l. Conditions: [List any agreed upon conditions] Example Motion for Denial: Motion to deny, asthe Board of Commissioners fi nd that t his appl icat i on for azoning map amendment of 2.07 acres from R15, Residential District, to (C2D) B-1, Conditional Busi ness Di st rict as described is: 1. Not Consistent with the purposes and intent of the 2006 CAM Land Use Ran because Describe elements of controlling land use plans and how the amendment is not consistent l. 2. Not reasonable or in the public interest because [Briefly explain why not. Factors may indude public health and safety, character of the area and relationship of uses, applicable plans, or balancing benefits and detriments 1. Staff Suggested Motion: Motion to approve, asthe Board of Commissioners fi nd that t hi s appl icat i on for azoning map amendment of 2.07 acres from R-1 5, Residential District, to (C2D) B-1, Conditional Business District as described is: 1. Consistent with the purposes and intent of the 2006 LAMA Land Use Ran because the Transition d assi ficat ion provides for intensive urban development on lands that have been provided with necessary urban services. The property is located on a major arterial street and is in close proximity to public water and sewer services. In addition, the Land Use Ran encourages commercial development to occur on major thoroughfares and at major intersections in the County. The proposal is also consistent with 2016 Comprehensive Ran because it provides light intensity nonresidential uses wit hin existing residential areas to provide community level service. 2. R-,asonable and in the public interest because it maximizes the effectiveness of commercial uses by locating them within close proximity to the markets they serve and by ensuring that such commercial uses do not diminish the quality of life of the existing residential communities. ■ ■ ■h. "I S Board of Commissioners - August 1, 2016 ITEM: 10- 3 - 8 OO S. -]OR— Conditions: 1. A 20 foot wide access easement shall be dedicated to the County along Market Elreet for the purpose of installing afuture pedestrian facility. 2. Aconnection for future parking lot cross-acoess shall be provided to the adjoining land south of the proposed development. The connection shall be constructed to the property line. 3. 9gnage shall be included on site indicating the address of any property for which access is provided through the site. The signage shall comply with applicable county standards. 4. Afully opaque buffer shall be provided along the perimeter of the development to screen it from adjacent residential uses and zoning. ■ ■ ■h. "I S Board of Commissioners - August 1, 2016 ITEM: 10- 3 - 9 O 0 00 O 10 a• N N ._ O N ui N c a 0 m i o y N E N E y U O O U O CL N � 0 3 o > T O d N £ a C LL N � .% W N V N C •y d O O a U N a � Y N d O a L � d m Y O Q 00 0 m 00 N 7' 0 N d ti a CL 10 ,' c U N o O _ � N I _� •d I I a Z U r-w =xxx= ................... ............ m s .3 \\ �09'111� �aN m d - b� O " N Board of Commissioners -August 1, 2016 ITEM: 10- 4 - 1 w N a V VZ/Z 0 v v 7' 0 c s .3 \\ �09'111� �aN m d - b� O " N Board of Commissioners -August 1, 2016 ITEM: 10- 4 - 1 Board of Commissioners - August 1, 2016 ITEM: 10-5-1 Q ° D PANDION'DR a a c O� o i a a Q u° z a 3 3 D u �' !000000_ 0 V O O L a m V L O A�A' �W Yf W c s 0 O m O� a N Q E m N E y U O d /( O " U 0.00 CL �d' OM3D.bg N � o £ J';•�b�s���db N \ c �a �G\ LL N Lx W N N V / 0 o Q orb Jd N o •s,� d -a Y c �4) 0 00 Z57 0 H 3 a a,' U N I� a Board of Commissioners - August 1, 2016 ITEM: 10-6-1 Board of Commissioners - August 1, 2016 ITEM: 10-7-1 APPLICANT MATERIALS Board of Commissioners - August 1, 2016 ITEM: 10- 8 - 1 Board of Commissioners - August 1, 2016 ITEM: 10- 8 - 2 PROPOSED SITE PLAN Board of Commissioners - August 1, 2016 ITEM: 10- 9 - 1 Board of Commissioners - August 1, 2016 ITEM: 10- 9 - 2 a € _ �6 a �6 �f6 \ E \1 @ S e- � Board of Commissioners - August 1, 2016 ITEM: 10- 10 - 1 doN t y o E tl 8 uad3.E� 6000 N o f € �83 s6 a € _ �6 a �6 �f6 \ E \1 @ S e- � Board of Commissioners - August 1, 2016 ITEM: 10- 10 - 1 doN t Print For NEW HANOVER COUNTY 230 Government Center Drive Suite 110 PLANNING & INSPECTIONS Wilmington, NC 28403 910 - 798 -7165 phone 910 - 798 -7053 fax Application for www.nhcgov.com CONDITIONAL ZONING DISTRICT Petitioner Information Property Owner(s) Subject Property If different than Petitioner Name Owner Name Address BhTedd V nle 5832 L ' q ds+K -K B- 77114773/ %7731 L 'Ids Rs Company Owner Name 2 Parcel ID(s) Cdrfi mRnit fmnr 215/ 01 -85- 5511 +6623 0/7428 Address Address Area ON Anw6110 18/ / L tcld Rnt rrc Knno Qn' c 14 6' b-:*., City, State, Zip City, State, Zip Existing Zoning and Use V lit fmf sn rr* MB 173/ 5 V N Imf En rriF MB 173/ 4 Q,04 . U' b' ns Phone Phone Proposed Use 80/,51/,1263 80/,41/,/ 204 . Snmc Cnl agirj h ' BYC( A,0 . L frb- Qd9 fic Email Email Land Classification by nle? knancdl ' galy snmc? ' scat licfmf -bnI Sq rah Mm Application Information Case Number Date /Time received: Received by: APPLICATION OVERVIEW In order to assist petitioners through the rezoning process, petitioners are highly encouraged to attend a pre - application conference prior to application submittal. Petitioners are requested to review the sections of the Zoning Ordinance specific to zoning amendments and conditional zoning districts prior to submission, and advised to contact Planning Staff with any questions. The following sections of the Zoning Ordinance pertain specifically to zoning amendments and conditional zoning districts: • Section 55.3: Conditional Zoning Districts • Section 110: Amending the Ordinance • Section 111: Petitions • Section 112: Approval Process Applications for zoning amendments must first be considered by the New Hanover County Planning Board at a public hearing. The Planning Board will make a recommendation to the County Commissioners which will take final action on the permit application in a quasi-judicial public hearing. Attendance at all public hearings is required. The public hearings will allow staff, the applicant, proponents and opponents to testify in regards to the request. Unless otherwise published or announced, Planning Board meetings are held on the first Thursday of each month at 6:OOPM in the Commissioner's Assembly Room at the Historic County Courthouse located at Third and Princess Streets, Wilmington, North Carolina. All meeting dates and application deadlines are published on the New Hanover County Planning website. Board of Comrpi§Wpejp,} August 1, 2016 ITEM: 10- 11 - 1 04/14 APPLICATION REQUIREMENTS In order to assist petitioners through the rezoning process, petitioners are highly encouraged to attend a pre- application conference prior to application submittal. Applications must be reviewed by Planning Staff for completeness prior to being officially accepted. Applications must be submitted to Planning Staff at least twenty (20) working days before the Planning Board meeting at which the application is to be considered. In order to allow time to process, fees and review for completeness, applications will not be accepted after 5:00 PM on the deadline day. Once accepted, the Planning Board will consider the application at the assigned meeting unless the applicant requests a continuance. For all proposals, in addition to this application, the following supplemental information and materials are required: Required Information Applicant Staff Initial Initial Copy of the New Hanover County Tax Map, which delineates the property -requested for rezoning. -Legal description (by metes and bounds of property requested for rezoning. -Copy of the subdivision map or recorded plat which delineates the property. Site Plan (8 -24x36 copies for Planning Board; 8 -24x36 copies for Commissioners) • Tract boundaries and total area, location of adjoining parcels and roads • Proposed use of land, structures and other improvements. For residential uses, this shall include number, height and type of units and area to be occupied by each structure and /or subdivided boundaries. For non- residential uses, this shall include approximate square footage and height of each structure, an outline of the area it will occupy and the specific purpose for which it will be used. • Development schedule including proposed phasing. • Traffic and Parking Plan to include a statement of impact concerning local traffic near the tract, proposed right -of -way dedication, plans for access to and from the tract, location, width and right -of -way for internal streets and location, arrangement and access provision for parking areas. • All existing and proposed easements, reservations, required setbacks, rights -of -way, buffering and signage • The one hundred (100) year floodplain line, if applicable • Location and sizing of trees required to be protected under Section 62 of the Zoning Ordinance • Any additional conditions and requirements, which represent greater restrictions on development and use of the tract than the corresponding General Use District regulations or other limitations on land which may be regulated by State law or Local Ordinance. • Any other information that will facilitate review of the proposed change (Ref. Article VII, as applicable) A report of the required public information meeting outlined in Section 111 -2.1. for Appointment of Agent Form if applicable) -Authority Fee - For petitions involving 5 acres or less, $600. For petitions involving greater than 5 acres, $700 Board of CommisS onerrs -August 1, 2016 ITEM: 10- 11 - 2 04/14 CRITERIA_ REQUIRED FOR APPROVAL OF A CHANGE OF ZONING Conditional Use District Zoning is established to address situations where a particular land use would be consistent with the New Hanover County Land Use Plan and the Zoning Ordinance objective but for which none of the general zoning classifications which would allow that use are acceptable. The applicant should explain, with reference to attached plans (where applicable), how the proposed use satisfies these requirements. The applicant has the burden of proof and must provide sufficient evidence in order for the required findings to be met. You must explain in the space below how your request satisfies each of the following requirements (attach additional sheets if necessary): 1. How would the reauested change be consistent with the Countv's Policies for Growth and Devel licies for growth encourage continued efforts to attract & retain businesses. The proposal is to construct a home provements retail establishment along a a busy commercial thoroughfare. Extending the business zone, but with nditional regulations is consistent with the concept of in- filling parcels where urban services are available. 2. How would the requested zone change be consistent with the property's classification on the Land he site is in a "Transition" land classification. The Transition classification is intended for more intensive development where rban services are already in place. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses nermitted under the existing zoning? larket St. is a busy corridor with a mixture of commercial uses. The highway widening has made properties along the ioroughfare undesirable for single - family homes. Rezoning to a business district should have little impact on the surrounding rea. Use of the tract will require full permitting & meeting Ordinance requirements. 4. List proposed conditions and restrictions that would mitigate the impacts of the proposed use(s). 3ufferyards will mitigate any impacts to the residential uses to the East. Streetyard and interior parking area plantings will add o the aesthetics of the overall project. The rezoning would maximize the effectiveness of commercial uses by assuring that and is available in proximity to the markets they serve. If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will be calendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. By my signature below, I understand and accept all of the conditions, limitations and obligations of the Conditional Use District zoning for which I am applying. I understand that the existing official zoning map is presumed to be correct. I understand that I have the burden of proving why this requested change is in the public interest. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. C Signature of Petitioner'@tsp \ i t Cynthia Wolf / Design Solutions Print Name Board of Commissnerrs - August 1, 2016 04/14 ITEM: 10- 11 - 3 I\ 14- Legal Description for Conditional Zoning District At 8822, 8840 & 8842 Market St reet Beginning at a point in the southeastern boundary of Market Street / U.S: Hwy. 17, avariable width public right -of -way; said point being an NCDOTR/W Disk located southwestwardly along the road approximately 485 feet from its intersection with the centerline of Creekwood Fbad, a private right -of -way; and running thence from the point of beginning: SDuth 460j �BEast, 222.26 feet to a point; thence SDuth 430 4East, 151.63 feet to a point; thence Scuth 640ss� j,.,B Nest, 224.81 feet to a point, thence North 020. s .+`04/Vest, 111.64 feet to a point; thence SDuth 540���'64/Vest, 180.75 feet to a point; thence North 430 s.+KB (Vest, 196.63 feet to a point in the southeastern boundary of Market Street; thence, with that right -of -way, North 460sj�,,�p-B ast, 189.83 feet to a point, thence North 4704`a _ oBFast, 120.74 feet to the point and place of beginning, containing 2.07 acres, more or less. Board of Commissioners - August 1, 2016 ITEM: 10- 11 - 5 REPORT OF COMMUNITY MEETING REQUIRED BY NEW HANOVER COUNTY ZONING ORIDINANCE FOR CONDITIONAL DISTRICT REZONINGS Location: 8822. 8840 & 8842 Market Street Proposed Zoning: Conditional Zoning District / (CZD) B -1 The undersigned hereby certifies that written notice of a community meeting on the above zoning application was given to the adjacent property owners set forth on the attached list by first class mail, and provided to the Planning Dept. for notice of the Sunshine List on May 18, 2016 A copy of the written notice is also attached. The meeting was held at the following time and place: Wednesday, June 1, 2016; 5:30 - 6:30 p.m.; at the offices of Design Solutions; 107 Stokley Dr., Unit 104, Wilmington The persons in attendance at the meeting were: Reference Attached Sign -in List The following issues were discussed at the meeting: ** A project introduction was given with an overview of Conditional Zoning Districts and of the site layout. ** Several neighbors discussed their concern over issues with the pond attracting mosquitos. They questioned whether it would be fenced and / or buffered from view. ** There is an existing access driveway to a land- locked parcel to the rear. No recorded easement exists. The developer has agreed to coordinate maintaining access for that property, if still desired, albeit through the new driveway & parking area. As a result of the meeting, the following changes were made to the rezoning petition: Pond sizing requirements were reviewed by an Engineer, and the site plan revised to shift the pond as far as possible from the adjacent properties and reduce the surface area to a more accurate depiction. Date: June 6,2016 Applicant: Design Solutions By: Cindee Wolf Mara OT Commissioners - AUgUSt ITEM: 10- 11 - 6 Community Information Meeting Custom Colors Wednesday, June 1 Name Address Email (Optional) �c'P�nZo �r ;ne2 0 �k'V�A SA_ 2. CA-4 s 12,10 0 1 c vr, C h-2_ �aoc� �)' e�'cj-- Io3 Creelwon� o w � I �� fan roc 2 8`� I I 0 3 D� rrC,4+ -n CO Y ahoo, CO �-, A� /lido r-e /2 Z FO yJ Tk-•� S f r ci<! i7gOle"oits 10� Alt---4 4 / / ZZ Board of Commissioners - August 1, 2016 ITEM: 10- 11 - 7 OWN1 16TH STRB=T LLC 6943 M AFT LLC 6943 M AF4-1--7 LLC 6943 M AF4-1--7 LLC ABDULGHANI NASBA ABDULGHANI I SVI AI LA BALLARD AYAN NA R ETAL BROWN WI WAM C ETAL ENGU SH M I CHEIE F I RST BAPTIST CHURCH TRJSTEEB FOY DAM D I I I ETAL FULTON DAR-EN EETAL GALLOWAY GEFALDI N E GHANI WARTHUD DIN ABDUL GI BSON DEE-I E PAUL RCHIASE GOODLOW JE:RY W REV TRUST ETAL GRADYWIWAM BHRS GFE3\1 JERRY HRS HINESJMMIE HODGES S M M Y R LOREV L LOWMAN CON PAD KAREN MARTI NEZ LORENZO LEA BARTOLOM E M C NTYRE DORTHA DAM D L SR M C NTYRE M ARY M C NTYRE NATHAN NANCY H RS M CM I L1AN BREN DA H RS M CM I L1AN EJGEN E LORE 7A M CM I L LAN EUGENE LORETTA M CM I W AN AN NI E L REDDI CK ETAL M OYA RAQI BA NIXON ALONZA DE3BI E R NIXON BESS E F ETAL NIXON E;NESTINEHIRS NIXON KATHLEEN M NIXON UZZEB NIXON ROBERT SMON HRS NIXON THEJMA U FE ESTATE PADULA ROBERT M LORA B PR DGEN BE9NI CE HRS PR DGEN LBROY JR HE RS REDDI CK DOR S G REDDI CK H ERBERT JR ETAL R GGI NS BRUCE AD[ NA L R GGI NS M I CHBIEA 9 DBURY g ARON D STUART EDWI N T AM Y C VIORE_JOHN CAI LEN W WALKER E.1ZA JANE HRS WALE -I HENRY WARD FRANK J I I I STACY R WARD FRANK J STACY Adjacent Owners Mailing List Owner Address 1801 16TH ST S 2900 M I DDLE SOUND LOOP RD 2900 M I DDLE SOUND LOOP RD 2900 M I DDLE SDU ND LOOP RD 102 FOYSTRAIL 126 FOYSTR_ 122 FOYSTR_ 6941 WRGHT \ALIEAVE 1789 WILTON RD 0 PO BOX 751 8857 STE HENSC-iURC-I RD 109YORKSHIFEW 210 CREEKWOOD RD 126 FOYSTR_ 8923 7 LBU Fit' DR 8931 TILBURY DR 3329 WI LTON DR 2118 ROBERT E LEE BLV 8845 STE HENSC-IURC-I RD 8908 TI LBU Fit' DR 8537 BALD EAGLE W 5412 MARNA CLUB DR 216 ROCAAWAYAVE APARTM ENT 8E 129 M C NTYRE TR_ 518 MANLYAVE 8893 STE HENSC-IURC-I RD 8833 ST1EI:'FiENSC-IURCHI RD 8833 STEI:'HENSCHURC-i RD 1912 ANN ST 126 FOYSTR_ 111 CREEKWOOD RD 8830 MAR-<E-7ST 313 APPLE RD 113 CREENVOOD RD 119 FOYSTR_ 8923 STE HENSCHURC-I RD 1612 ANN ST 6204 LYDDEN RD 8801 STE HENSC-IURC-I RD 8805 STE HENSC-IURC-I RD 8802 MAR-<E-7ST 8802 MAR-<E-7ST 0 PO BOX 11079 0 PO BOX 11079 210 CREEKWOOD RD 8927 TI LBU RY DR 8935 7 LBURY DR 1621 ANN ST 101 HUGHES RD 8936 TI LBURY DR 8936 7 LBURY DR Owner aty WI LM I NGTON, NC 28401 WILMINGTON, NC 28411 WILMINGTON, NC 28411 WILMINGTON, NC 28411 WILMINGTON, NC 28411 WI LM I NGTON, NC 28401 WI LM I NGTON, NC 28405 WI LM I NGTON, NC 28403 CLEVELAND, OH 44118 Wl LM I NGTON, NC 28402 WILMINGTON, NC28411 WI LM I NGTON, NC 28409 WILMINGTON, NC 28411 WILMINGTON, NC 28411 WILMINGTON, NC 28411 WILMINGTON, NC 28411 SJMPTE32 SC29150 BOSS ER C TY, LA 71112 WILMINGTON, NC 28411 WILMINGTON, NC 28411 WI LM I NGTON, NC 28411 WI LM I NGTON, NC 28409 BR0014YN, NY 11233 WI LM I NGTON, NC 28405 WILMINGTON, NC 28403 WILMINGTON, NC 28405 WI LM I NGTON, NC 28411 WI LM I NGTON, NC 28411 WILMINGTON, NC 28403 WILMINGTON, NC 28411 WILMINGTON, NC 28411 WILMINGTON, NC 28411 CASTLEHAYNE, NC 28429 WI LM I NGTON, NC 28405 WILMINGTON, NC 28411 WILMINGTON, NC 28411 WI LM I NGTON, NC 28401 WI LM I NGTON, NC 28409 WI LM I NGTON, NC 28405 WI LM I NGTON, NC 28405 WI LM I NGTON, NC 28405 WI LM I NGTON, NC 28405 Wl LM I NGTON, NC 28404 Wl LM I NGTON, NC 28404 WILMINGTON, NC 28411 WILMINGTON, NC 28411 WILMINGTON, NC 28411 WI LM I NGTON, NC 28401 HAMPSTEAD, NC 28443 WILMINGTON, NC 28411 WILMINGTON, NC 28411 Board of Commissioners - August 1, 2016 ITEM: 10- 11 - 8 Desigv� Solutiov�s Sq rnrl Ins k May 18, 2016 To: Adjacent Property Owners From: Cindee Wolf Re: Custom Colors Paint & Flooring The owner of a property within 500 feet of yours is interested in developing a small commercial center at 8822 Market Street. This proposal would require a Conditional Zoning District approval from New Hanover County. A Conditional Zoning District allows particular usesto be established only in accordance with specific standards and conditions pertaining to each individual development project. Essentially, this means that only that use, structures and layout of an approved proposal can be developed. An exhibit of the plan layout and surrounding area is attached. The County requiresthat the developer hold a meeting for all property ownerswithin 500 feet of the tract boundary, and any and all other interested parties. This provides neighbors with an opportunity for explanation of the proposal and for questions to be answered concerning project improvements, benefitsand impacts. A meeting will be held on Wednesday, June 1 �, at the offices of Design Solutions, 107 Rnj 1,dx C#d +T nts0/ 3 +4�2/ —5T/ o -1 - 16you cannot attend, you are also welcome to contact me at telephone # 620 -2374, or email cwolf@obodemar.biz with comments and /or questions. We appreciate your interest in the project and look forward to being a good neighbor and an asset to the community. P.O. Box 7221 , Wilmington, NC 28406 *Telephone: 910 - 620 -2374 *Email: cwolf @obodemar.biz Board of Commissioners - August 1, 2016 ITEM: 10- 11 - 9 NEW HANOVER COUNTY PLANNING & INSPECTIONS AUTHORITY FOR APPOINTMENT OF AGENT 230 Government Center Drive Suite 110 Wilmington, NC 28403 910- 798 -7165 phone 910- 798 -7053 fax www.nhcgov.com Please note that for quasi-judicial proceedings, either the land owner or an attorney must be present for the case at the public hearing. The undersigned owner does hereby appoint an authorized the agent described herein as their exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and /or an appeal of Staff decisions applicable to the property described in the attached petition. The Agent is hereby authorized to, on behalf of the property owner: 1. Submit a proper petition and the required supplemental information and materials 2. Appeal at public meetings to give representation and commitments on behalf of the property owner 3. Act on the property owner's behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning Ordinance. Agent Information Property Owner(s) Subject Property Name Owner Name Address Cindee Wolf 6943 Market, L.L.C. 8822, 8840 & 8842 Market St Company Owner Name 2 City, State, Zip Design Solutions Wilmington, NC 28411 Address Address Parcel ID P.O. Box 7221 2900 Middle Sound Loop Rd 326012.96.6622, 7734 & 8539 City, State, Zip City, State, Zip Wilmington, NC 28406 Wilmington, NC 28411 Phone Phone 910- 620 -2374 910 -520 -0315 / Tony Dombroski Email Email cwolf @ lobodemar.biz Application Tracking Information tony @atdbuilding.com (Staff Only) Case Number Reference: Date /Time received: Received by: This document was willfully executed on the ?-0a Owner 1 Signature day of 20 4 Owner 2 Signature Board of Commissioners - August 1, 2016 ITEM: 10-11 -11 04/14 Traffic Impact Worksheet Prior to submission of nonresidential site plan, this worksheet must be prepared. A Traffic Impact Analysis will be required for all projects generating 100 peak hour trips or more. The scope of the TIA shall be determined by concurrence of the Planning Director, the MPO coordinator and NCDOT traffic engineer. Any mitigation measures required must be included in the final site plan submitted for review. PROJECT NAME Custom Colors Paint & Flooring PROJECT ADDRESS 8822, 8840 & 8842 Market Street DEVELOPER/OWNER 6943 Market Street, L.L.C. EXISTING ZONING R -15 / (CZD) B -1 proposed GROSS FLOOR AREA 10,150 NEAREST INTERSECTION Futch Creek Road BEFORE PROPOSED PROJECT Average Daily Traffic (Date) LEVEL OF SERVICE (LOS) sq. ft. ITE MANUAL TRAFFIC GENERATION ESTIMATE: *ITE Manual available at Planning Department USE AND VARIABLES: Specialty Retail (Example: Racquet Club; 8 courts; Saturday peaks) AM PEAK HOUR TRIPS 70 PM PEAK HOUR TRIPS 28 (Traffic generation of 100 peak hour trips will require Traffic Impact Analysis Scoping meeting with Planning Department) Cindee Wolf for ITE Manual Person Providing Estimate Signature Peak Hour estimate confirmed by Planning & Zoning on (Date) Board of Commissioners - August 1, 2016 ITEM: 10- 11 - 12 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: August 1, 2016 REGULAR DEPARTMENT: Planning PRESENTER(S): Ben Andrea, Current Planning & Zoning Supervisor (Planning Board Rep: Dave Weaver) CONTACT(S): Ben Andrea; Ken Vafier, Planning Manager; and Chris O'Keefe, Planning /Inspections Director SUBJECT: Public Hearing Special Use Permit Request (S -630, 7/16) — Request by Hellman, Yates, & Tisdale for Optima Towers IV, Applicant, on Behalf of the Property Owner, Home Life, Inc., for a Special Use Permit for a Telecommunications Tower on a 0.80 -Acre Parcel Located at 2020 Corporate Drive BRIEF SUMMARY: Hellman, Yates, and Tisdale, attorneys and counselors at law, are petitioning on behalf of Optima Towers IV to develop a 185' monopole -style wireless communications facility at 2020 Corporate Drive, in the Northchase commerce park on a site owned by Home Life, Inc. The request for this telecommunications tower is spurred by CFPUA decommissioning and removing an existing water tower at 2607 SE Northchase Parkway, approximately 1,200' from the subject site. The water tower currently hosts three wireless communications providers, and the proposed tower will provide a new structure to host antennas to provide service to the area. The tower is designed to accommodate at least 5 wireless communications providers to collocate their antennas on the tower. The site is zoned PD, Planned Development, and classified as commercial /office/light industrial by the master plan for this section of Northchase, which was approved when the property was rezoned to PD in 1985. Light industrial uses predominate the area, including adjacent to the south of the subject site, and across Corporate Drive from the site. Adjacent to the north of the site is a stormwater management feature. Olsen Park, a public active recreation area, abuts the subject property to the east. Laney High and Trask Middle schools are in the vicinity to the west of the site. The nearest residential uses are approximately 1,600' to the northwest of the site on SE Northchase Parkway, which are within 500' of the water tower hosting the existing antennas. The subject property is classified as Transition by the 2006 CAMA Land Use Plan and Employment Center by the 2016 Comprehensive Land Use Plan. Staff concludes the proposal is consistent with both land use plans. Due to the very low trip generation that would be realized from the proposed use, a Traffic Impact Analysis (TIA) is not required. A public hearing for this special use permit request was held at the July 7, 2016 Planning Board meeting. No one from the public spoke in support or opposition to the request. The Planning Board voted 5 -0 to recommend approval of the special use permit request with no conditions, citing the preliminary findings of fact prepared by Staff based on the information provided by the Petitioner and presented at the public hearing. STRATEGIC PLAN ALIGNMENT: Board of Commissioners - August 1, 2016 ITEM: 11 Intelligent Growth and Economic Development • Attract and retain new and expanding businesses • Implement plans for land use, economic development, infrastructure and environmental programs • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff has conducted an analysis of the proposed use and the information provided as part of the application package, in addition to supplemental information provided by the applicant and presented at the July 7, 2016 public hearing at the Planning Board, and has created preliminary findings of fact to support each of the conclusions required to be reached to approve the special use permit request. These preliminary findings of fact and conclusions are based solely on the information provided to date, prior to any information or testimony in support or opposition to the request that may be presented at the upcoming public hearing at the August 1, 2016 Board of Commissioners meeting. ACTION NEEDED (Choose one): 1. Motion for approval (with or without conditions), citing the findings of facts presented by Staff, or other findings of facts. 2. Motion to table the item in order to receive additional information or documentation (Specify). 3. Motion for denial based on specific findings in any of the 4 categories listed in the Staff Summary, such as lack of consistency with adopted plans or determination that the project will pose public hazards or will not adequately meet requirements of the ordinance. Staff Suggested Motion for Approval: Motion to approve the special use permit request, finding that all four of the required conclusions have been met and citing the preliminary findings of fact in the staff summary. ATTACHMENTS: S -630 Script S -630 Petition Summary S -630 Staff Summary S -630 Neighbor Properties Map S -630 Zoning Map S -630 Water -Sewer Map S -630 CAMA Map Applicant Materials Cover Page S -630 Application S -630 Cover Page S -630 Cover Letter S -630 Tab 1 - Tax Map S -630 Tab 2 - Site Survey S -630 Tab 3 - Adj Prop Owners and Uses S -630 Tab 4 - Traffic Impact Worksheet S -630 Tab 5 - Site Plans and Drawings S -630 Tab 6 - Agent Authorization Appointment S -630 Tab 7 - ANSI and Fall Zone Letter S -630 Tab 8 - Photo Simulations Board of Commissioners - August 1, 2016 ITEM: 11 S -630 Tab 9 - Coverage Analysis and Search Ring S -630 Tab 10 - FAA Filing S -630 Tab 10 - FAA Filing Addendum S -630 Tab 11 - Compliance Letter COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as presented by staff. COMMISSIONERS' ACTIONS: The item was continued to October 3, 2016 at the request of the petitioner by a vote of 4 -0. Board of Commissioners - August 1, 2016 ITEM: 11 {/ wit CChw {,XI'JUPs t s' -tj 4,*fi 4� w5ijj gftUTI s AO 6fid$ L SIf AA &nh A(aOs'rf Leff k4j'A4 as U9 LAjoiCLs .Iru;XtFo0■s'fi 149 0� LOT adrvAljXl'-0j ft jX thdryA(4I' j . fiA 6mf (nNs rmm A$T� $ AI" rs;:iu§wgrAW AC.9$9$ / do-&rM 5'r48O Swear witnesses Announce that "the sped al use process requires quasi- judicial hearing; therefore the Clerk to the Board must swear in arry person wishing to testify. All persons who signed into speak or who want to present testimonly please step forward to be sworn in. Thank you." 2. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponentswill each be allowed 15 minutesfor their presentation and additional 5 minutesfor rebuttal. 3. Conduct Hearing, asfollows a. Staff presentation b. Applicant' s presentation (up to 15 minutes) C. Opponent's presentation (up to 15 minutes) d. Applicant's cross examination /rebuttal (up to 5 minutes) e. Opponent's cross examination /rebuttal (up to 5 minutes) 4. Gose the Public Hearing 6. A Soecial Use Permit which is denied may only be resubmitted if there has been a substantial change in the facts, evidence, or oonditionlsof the application asdeterminled by the Ranning Director. At thistime, you m>ay ask to either continue the application to a future meeting, or to proceed with this Board deciding whether to grant or deny the application. What do you wish to do? 7. Ask Applicant whether he/ she agrees with staff findings and any proposed conditions,. 8. Vote on a recommendation for the special use permit. Options a. Motion to reoommend approval of the permit -All findings are positive. b. Motion to reoommend approval of the permit, subject to oonditionlsspecified below: (State Conditions ) c. Motion to reoormiend denial of the permit because the Board cannot find: 1) That the use will not materially endanger the public health or safety if located where proposed for the following (reason: ) 2) That the use meets all required condition and specifications (reason: ) 3) That the use will not substantially injure the value of adjoining or abutting property, or that the use isa public neoessity: (reason: ) 4) That the location and character of the use if developed according to the plan submitted and approved will be in harmony with the area in which it is located and is in general conformity with the plan of development for New Hanover County: (reason: ) 3aff 9ggested Motion for AAproval. Motion to approve the �oecial uL- permit regL est, finding that all foLr of the required conciLdons have been tnet and citing the preliminary findings of fact in the staff s n7mry. Board of Commissioners - August 1, 2016 ITEM: 11-1 -1 / Ar?s { -4�*fi —#, rya'+ Special Use Permit to develop a telecommunications tower in a PD, Panned Development aDning district tO 6m (j jjAff 5Mk Parcel Location & Acreage: 2020 Corporate Drive; 0.80 acres Petitioner /Owner: Hellman, Yates, and Tisdale for Optima Towers IV Existing Land Use: Vacant Zoning History: PD, Panned Development asof 1985 2006 CAM A P an Land Classification: Transition 2016 Comprehensive Land Use Pan Pace Type: Employment Center Water Type: Public service available Sewer Type: Public service available R-,creation Area: Castle Hayne Northern R-,gional Park Access: Direct access to Corporate Drive; NCDOT driveway permit needed Fire District: New Hanover County North Watershed & Water Quality Classification: Smith Creek (QSAt) Conservation/ Historic/ Archaeological Fbsources: None known Soils and Septic Suitability: Seagate Fine Sand (Sa) — Severe: Wetness Leon Sand (Le) — Savere: Wetness Schools: Castle Hayne and Eaton Bementaries, Trask Middle, Laney High ■■ ■FIJI ■. ■■ Board of Commissioners - August 1, 2016 ITEM: 11- 2 - 1 o °S. -109:1 SPECIAL USE PEW IT REC)U EST Board of Commissioners M eeti ng August 1, 2016 CASE S,630 PETI- nONER- Hellman, Yates, and Tisdale for Optima Towers IV REQUEST: Special Use Permit to develop a telecommunications tower in a PD, Planned Development zoning district ACREAGE 0.80 acres LOCATION: 2020 Corporate Drive PI D: R02620- 003 -041 -000 2006 CAMA LAND CLASS Transition 2016COMPR HENSIVELANDUSEPLAN PLACE TYPE Employment Center PLANNING BOARD ACTION: A public hearing for this special use permit request was held at the July 7, 2016 Planning Board meeting. No one from the public spoke in support or opposition to the request. The Planning Board voted 5 -0 to recommend approval of the special use permit request with no conditions, citing the preliminary findings of fact prepared by Saff based on the information provided by the Petitioner and presented at the public hearing. EXISTINGCONDITONS Existing Zoningand Land Uses The site is zoned PD, Planned Development, and classified as commercial /office /light industrial by the master plan for this section of Northchase, which was approved when the property was reamed to PD in 1985. Light industrial uses predominate the area, including adjacent to the south of the subject site, and across Corporate Drive from the site. Adjacent to the north of the site is a stormwater management feature. Olsen Park, a public active recreation area, abuts the subject property to the east. Laney High and Trask Middle schools are in the vicinity to the west of the site. The nearest residential uses are approximately 1,600' to the northwest of the site on SE Northchase Parkway, which are within 500' of t h e wat er t ower host i ng t he exi st i ng ant en nas. 3 -C❑❑ SEW Board of Commissioners - August 1, 2016 ITEM: 11- 3 - 1 0 -& -m - Existing Ste Conditions The subject property is currently vacant, and is mostly cleared except for the rear (east) of the property which isencumbered byadrainage easement and remains vegetated. Aerial � a Conservation, Historic, and Archaeological Fbsources The subject property does not host any known conservation, historic, or archaeological resources. PETITIONER'S REQUEST: Hellman, Yates, and Tisdale, attorneys and counselors at law, are petitioning on behalf of Optima Towers IV to develop a 185' monopole -style wireless communications facility at 2020 Corporate Drive, in the Northchase commerce park on a site owned by Home Life, Inc. The request for this telecommunications tower is spurred by the decommissioning and removal of an existing water tower at 2607 SE Northchase Parkway, approximately 1,200' from the subject site. The water tower currently hosts a number of telecommunications antennas, and the proposed tower will provide a new structure to host antennas to provide service to the area. The tower is designed to accommodate at least 5 wireless communications providers to collocate their antennas on the tower. 3 -C ❑D )CKEELP Board of Commissioners - August 1, 2016 ITEM: 11- 3 - 2 0 -& -m - STAFF POSITION: Zoning and Siabdivision Ordinance Considerations The Planned Development zoning district was created in the zoning ordinance to foster the mixing of various land uses to realize a number of benefits including unified and compatible development between land uses for the benefit of all County residents. As with the county's other zoning districts, certain uses are permitted in the PD zoning district by special use permit through high standards of planning and design, as well as the potential for conditions, in order to minimize any negative effects that a particular use may have on the surrounding area. Four conclusions must be met supported by fi ndi ngs of fact as part of the approval process for a special use permit. Aconceptual site plan is included as part of the application. If this application is approved, the property must be developed in accordance with the site plan. Further, the proposed development must also go through the County's site plan /building permit review process. The process includes the review of the technical standards of the County's development regulations, including landscaping, fire services delivery, stormwater, and sediment and erosion control. Traffic Trip generation from the proposed use will be very minimal with only routine maintenance visits necessary after the tower is constructed. A Traffic Impact Analysis (-TA) is not required for the development due to the low trip generation realized from the proposal. Corporate Drive is a public road (SiR2653) and is classified as a local street by NCDOT, and is functioning at a high level of service based on its design capacity and existing volume. Traffic counts were conducted at the entrance to Osen Park in February 2014, showing an average daily trip count of 307 trips with a capacity of approximately 1,000 and yielding a volume -to- capacity ratio of 0.31 and a Level of Service of "A ". The new use would require a driveway permit from NCDOT. Environmental The property does not contain any Special Rood Hazard Areas or Significant Natural Heritage Areas. Based on the Soil Sirvey of New Hanover County, the soils on site are Leon sand and Saagate fine sand. The topography of the site is relatively flat and drains to the north to the retention pond and east to the drainage easement that feedstowards Smith Creek. 2006 CAM Land Use Plan Considerations The site is classified as Transition by the 2006 CAMA Land Use Plan. The purpose of the Transition class is to provide for future intensive urban development on lands that have been or will be provided with necessary urban services. The location of these areas is based upon land use planning policies requiring optimum efficiency in land utilization and public service delivery. 3 -C❑❑ SEW Board of Commissioners - August 1, 2016 ITEM: 11- 3 - 3 0.& -m - Land Use Classification'. 0 1y�THC Y Transition n O_ Wetland Reso ce Protection Area �a. S.. 2016 Comprehensive Land Use Plan Considerations The County is nearing adoption of a new comprehensive land use plan. The current draft of the new Comprehensive Plan classifies the area of the property subject to development as Employment Center on the Future Land Use Map. The Employment Center place types serve as employment and production hubs, with office and light industrial uses predominating. Densities are dependent in part on the type of industries located here; office uses can be multi -story and nearer the street, while light industrial uses will likely be one story with large setbacks and ample room for trucks and other large vehicles. Employment Centers can also include residential, civic, and recreational uses, but should be dearly delineated from rural and conservation areas. Commercial uses designed to serve the needs of the employment center are appropriate. Employment Centers require arterial or major collector road access connecting them to areas outside their boundaries Comp Plan Place Type �oR5HC5�� EMPLOYMENT CENTER z CC WMUNITY MIXER O YO A{ GENERAL RESIDENTIALA a fr' 3 ❑❑❑ )CK,C❑V Board of Commissioners - August 1, 2016 ITEM: 11- 3 - 4 0.& Ali GEN ERAL I N FORM All ON REISARDI NG SPHaAL USE PIEIRIVI Il"Si; Special use permits add flexibility to the Zoning Ordinance. Subject to high standards of planning and design, certain property uses may be allowed in the several districts where these uses would not otherwise be acceptable. By means of controls exercised through the special use permit procedures, property uses which would otherwise be undesirable in certain districts can be developed to minimize any bad effectsthey might have on surrounding properties. Any use or development designated by applicable zoning district regulations as a special use, or as allowed only pursuant to a special use permit, may be established in that district only after the use or development isauthorized by avalidly issued special use permit. The applicant bears the burden of presenting sufficient evidence in support of the application to allow the Board of Commissioners, after weighing such evidence against that presented in opposition to the application, to make findings of fact that reasonably support each of the required conclusions. If that burden is met, the Board of Commissioners should approve the application. If that burden is not met, the Board of Commissioners should deny of the application, provided that if the Board of Commissioners determines that specific minor changes or additions to, or restrictions on, the proposed development are necessary and sufficient to overcome impediments to its reaching the required conclusions, it may approve of the application subject to reasonable conditions requiring such changes or additions or imposing such restrictions. Such conditions may include time limits for completion of development or for the start or end of certain uses or activities. The Board of Commissioners may continue the hearing to a later meeting to accommodate additional witnesses or the presentation of additional testimony or evidence. If the time and place of the continued hearing isannounced in open session during the hearing, no further notice need be given for the continued hearing. A mot ion for approval of the application must state the required condusionsand include findings of fact on which the conclusions are based, plus any proposed conditions of approval. The favorable vote of the majority of Board of Commissioners members present is necessary to pass such a motion. A motion for denial of the application must state which of the required conclusions cannot be reached and include findings of fact on which the inability to reach the conclusions is based. The favorable vote of a majority of Board of Commissioners members present is necessary to pass such a motion. STAFF PR U M I NARY CON CLU SI ON S AN D R N DI N GS OF FACTS` Staff has conducted an analysis of the proposed use and the information provided as part of the application package, in addition to supplemental information provided by the applicant and presented at the July 7, 2016 public hearing at the Ranning Board, and has created preliminary findings of fact to support each of the condusions required to be reached to approve the special use permit request. These preliminary findings of fact and condusions are based solely on the information provided to date, prior to any information or testimony in support or opposition to the request that may be presented at the upcoming public hearing at the August 1, 2016 Board of Commissioners meeting. 3 -C❑❑ SEW Board of Commissioners - August 1, 2016 ITEM: 11- 3 - 5 0-& -m- Finding 1: The Board must find that the use will not materially endanger the public health or safety where proposed and developed accordingto the plan assubmitted and approved. A Water and sewer infrastructure and capacity are available to serve the site, but not necessary for the proposed use. B. The subject property is located in the New Hanover County North Fire 'Sarvice District. C Access to the tower site will be provided by a driveway from Corporate Drive, a public road. D. The subject site does not host any known cultural or archaeological resources. ((A& fj - 4;§Ame9a mrs $ Gds 'rsr&f ACC1 s Pj ,zb'rC A Aif-6 � CACN j is C�o Aar sEfA■ -sbN qLJ' 4A4Lantk§cT0us'rs,41�srE Finding 2: The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A Telecommunication Communication Facilities, Cellular, and Felated Towers are allowed by Special Use Permit in the Ranned Development (PD) zoning district provided that the project meets the Standards of Section 63.5 -1 of the Zoning Ordinance. B. fiction 63.5 -1(A) requires that the setback from any existing residential property line or residential zoning district boundary for any tower, antenna, or related structure in any zoning district be a distance equal to the height of the tower as measured from the base of the tower. The location of the proposed 185' tall tower is approximately 190' feet the eastern property line, which abuts R 15 residential zoning, meeting the setback requirement of fiction 63.5 -1(A). C. Section 63.5 -1(B)1 requires that the minimum distance between the tower and any other adjoining parcel of land or road must be equal to the minimum setback of 50' described in Section 63.5 -1(A), plus any additional distance necessary to ensure that the tower, as designed, will fall within the tower site. The proposed location complies with this provision, and no evidence hasbeen submitted suggestingthat additional distance isnecessary. D. fiction 63.5 -1(B)2 requires the applicant to submit photographs and statements as to the potential visual and aesthetic impacts on all adjacent residential zoning districts. Information provided in Tab 8 of the application binder suffices this requirement. E Section 63.5 -1(C) requires a landscaped buffer with a base width not less than 25 feet and providing 100% opacity, in addition to a minimum 8 ft. tall fence surrounding the tower base. The proposed plans suffice this requirement. F. fiction 63.5 -1(D) requires that applicants seeking construction of new towers, antennas, and related structures demonstrate through submitted written evidence that collocation on any existing tower, antenna, or usable structure in the search area for the new tower is not reasonable or possible. A report found in Tab 9 of the application binder meets this requirement. G. Section 63.5 -1(E) requires that towers over 150' tall be engineered to accommodate a minimum of two additional providers. Evidence has been submitted demonstrating that this requirement has been met, as shown on Sheet Z02 of Tab 5 of the applicant's materials. H. Section 63.5 -1(F) requires certification that the construction or placement of the proposed facility complies with several federal regulations. An FCC Compliance Assessment has been submitted and demonstrates compliance with the federal regulations mentioned in Section 63.5 -1(F). I. Section 63.5 -1(1) regulates the signage allowed on the tower and related equipment. The signage proposed iscompliant with this ordinance provision. 3 -C❑❑ X:KEELP Board of Commissioners - August 1, 2016 ITEM: 11- 3 - 6 0 -& -m - J Sact ion 63.5 -1(J prohibits the storage of equipment, hazardous waste, or materials not needed for the operation, prohibits outdoor storage yards in a tower equipment compound, and prohibits habitable space within the compound area. The applicant's proposal complies with this ordinance section. K Saction 63.5 -1(L) requiresthat, when the proposed tower site iswithin 10,000 feet of an airport or within any runway approach zone, the applicant submit Form 7460 to the Federal Aviation Administration (FAA) to assure compliance with all FAA standards. An FAA Aeronautical Evaluation was included with the application (Tab 10) and indicates that the site and proposal is in compliance with FAA regulations. {(A& {j -46Ame 9o�s■/'s $ Gds ''ttrn'rr ACC s Pj :zb'rC A Af-6 + NCN j Ps & C A pz N rsijj J1 sr 1'aeAmP A■r tzu -PA( e ci±N ii3w6+h'r0"'sE Finding 3: The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A The location of the proposed telecommunications tower is within an area designated for a mixture of uses, including commercial, office, and light industrial uses. B. The closest residential uses are approximately 1,600 feet away from the site proposed for the telecommunicat ions tower. C. Predominate land uses in the immediate vicinity of the subject site are light industrial uses as well as Olsen Park, a public recreation area. D. A 25' wide buffer surrounding the tower base will provide visual screening for future development. E No evidence has been submitted that this project will decrease the property values of adjacent or nearby properties. {01& {j -H-;§A■e N sods■1's $ Cis 'rsl'o'rr ACC s 1'j :zbiC A Af-6+ CAC Gds j Ps C 6=C Pj LY(16616mj4�rs Cis ads cizt 1abkj N6+:4u -i§' 3E Finding 4: The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A The subject site is in an area primarily used for light industrial uses, with some residential uses approximately 1,600' away. B. The site is classified as Transition by the 2006 LAMA Land Use Ran; the purpose of the Transition class isto provide for future intensive urban development on landsthat have been or will be provided with necessary urban services. C The site is classified as an Employment Center place type by the draft 2016 Comprehensive Land Use Ran; these areas are meant to serve as employment and production hubs with office and light industrial uses predominating. D. The proposed telecommunications tower is consistent with the land use classification of Transition from the 2006 CAMA land use plan and the Employment Center place type from the 2016 Comprehensive Land Use Ran. {01& (j -4§A■e 95�smrs $ Gds ''ttr r AC C# Js tj .zb'rC A Ae-6+ CACG � j is 4 $ +s■s'nAim /'o■m' -IL!F6ldtN :Jj6 c& s■C 'nbs0 / A■oos'n /oj ■6lt Board of Commissioners - August 1, 2016 ITEM: 11- 3 - 7 0.& -m - ACTION N ®® (Choose one): 1. Motion for approval (with or without conditions), citing the findings of facts presented by Staff, or other fi ndi ngs of fact. 2. Motion to table the item in order to receive additional information or documentation (Specify). 3. Motion for denial based on specific findings in any of the 4 categories above, such as lack of consistency with adopted plans or determination that the project will pose public hazards or will not adequately meet requirements of the ordinance. 3 -C❑❑ SEW Board of Commissioners - August 1, 2016 ITEM: 11- 3 - 8 0°& EOM / W W y �v I--- I >- >- N N a •O j/ v'^i K K K K K p a a K K K K K K K K i z V y1 D D D D D W W W W D D D D D D D D J O N / W W W W W — V1 V1 W W W W W W W W -- Y a a a a a a a a a< =M: = i O O O O O a== O O O O O O O O 0- 0 / M M M M M oc H H M M M M M M M a= z o LU O / '.n oc oc oc oc oc O oc oc oc oc oc oc oc oc oc oc O L 0 0 0 0 0 U O O O O O O O O O O U' S N - U U U U U N Z Z U U U U U U U U a O s N n M lD N Ln ci n O ci Ln n 'zt ci Ol W cl O 3 M M V cl cl 'zt O O N M N O O N O-Zt ci 0 0 0 0 0 0 Ln Ln 0 0 0 0 0 0 0 0 0 Lr1 N N N N N N N N N N N N N N N N N Lr1 w u Ln a c 1 N M zt Ln lD n W O Ol 0 0 chi r4 rn c-i Ln �q r, ca UA W i V Z Q a 1 Z Q V i d d 3 N F C C O O m a a >> £ £ O d d m N d Q / .2 41 41 o y 0 V IN CL LI / a W v m o N M ;eA. a o N 11�� o I N a d � O d Q u 3`JQIa:�N� m o H N R � N N LL \ i o 0 o a o- o10 G, M d U V.VSGS R� Board of Commissioners - August 1, 2016 ITEM: 11-4-1 Board of Commissioners - August 1, 2016 ITEM: 11-5-1 CASTLE HAYNE RD O ZE ay .2 :2 100, 0 N CL a CIL a IN 0 > CL LU CIL kn tc� rL U in7 c4 N ILL .0 U N N `, �a� 0 W co D Board of Commissioners - August 1, 2016 ITEM 11-6-1 aai L Q O Q Q � _ V c O O L o m a e a O Q u° z a 3 3 D 12 u° - O a 3 0 � a c o ti c \ o df N >0 CL C c d � N £ O O V 1 � � F M N d N d Q C O O d N c � O K a •C W a PORAtE.pR o £ 7��y d m y a vCI o G�PVR`N o � Z o L tu � H a W \ ER \`SE ORS 4�T m `o ENS y `R � a � � o• `o V 0 4AI r o%xSG -D Rp -r1 7 � G �J LL v °o m o NEW' TOWNTR P L M I -) WEE'TH OHO rQ O a V Board of Commissioners - August 1, 2016 ITEM: 11-7-1 APPLICANT MATERIALS Board of Commissioners - August 1, 2016 ITEM: 11- 8 - 1 Board of Commissioners - August 1, 2016 ITEM: 11- 8 - 2 NEW HANOVER COUNTY PLANNING & INSPECTIONS Application for SPECIAL USE PERMIT 230 Government Center Drive Suite 110 Wilmington, NC 28403 910- 798 -7165 phone 910 -798 -7053 fax www.nhcgov.com Petitioner Information Property Owner(s) Subject Property If different than Petitioner Name Owner Name Address Jonathan L. Yates and Scott Holmes Home Life, Inc. 2020 Corporate Drive Company Owner Name 2 Parcel IDW Optima Towers 1V R02620- 003 - 041 -000 Address Address Area 105 Broad Street, Third Floor PO Box 12615 0.8 acres (70' x 70' lease area) City, State, Zip City, State, Zip Existing Zoning and Use Charleston, SC 29401 Wilmington, NC 28405 PD / Vacant Phone Phone Proposed Use (843) 414 -9754 (910) 232 -3730 Wireless Telecom. Facility Email Email Land Classification JLYOhelimanyates.com IND Application I Only) S Case Number Uaterrime received: Deceived by: APPLICATION OVERVIEW In order to assist petitioners through the process for obtaining a Special Use Permit, petitioners are highly encouraged to attend a pre - application conference prior to application submittal. Petitioners are requested to review the sections of the Zoning Ordinance specific to Special Use Permits prior to submission., and advised to contact Planning Staff with any questions. 'Fhe following sections of the Zoning Ordinance pertain specifically to Special Use Pennits: • Section 70: Objectives and Purposes of Special Use Permits • Section 71: General Requirements of Special. Use Permits • Section 72: Additional Restrictions Imposed on Certain Special Uses a Section 111: Petitions Applications for Special Use Permits (with the exception of single family dwellings on individual lots) must first be considered by the New Hanover County Planning Board at a public hearing, The Planning Board will make a recommendation to the County Commissioners which will take final action on the permit application in a quasi-judicial public hearing. Attendance at all public hearings is required. The public hearings will allow staff, the applicant, proponents and opponents to testify in regards to the request. Unless otherwise published or announced, Planning Board meetings are held on the first Thursday of each month at 6:OOPM. in the Commissioner's Assembly Room at the Historic County Courthouse located at Third and Princess Streets, Wilmington, North Carolina. All meeting dates and application deadlines are published on the New Hanover County Planning website. Board of Commissioners - August 1, 2016 -- - 111- aa9 - 1 - n 11 APPLICATION REQUIREMENTS In order to assist petitioners through the process for obtaining a Special Use Permit, petitioners are highly encouraged to attend a pre - application conference prior to application submittal. Applications must be reviewed by Planning Staff for completeness prior to being officially accepted. Applications must be submitted to Planning Staff at least twenty (20) working days before the Planning Board meeting at which the application is to be considered. Once accepted, the Planning Board will consider the application at the assigned meeting unless the applicant requests a continuance. Applications for single- family dwellings, including mobile homes, on individual lots do not require Planning Board review and must be submitted to Planning Staff twenty (20) working days before the Commissioners meeting. For High Density Residential projects, a High Density Residential application and high Density Checklist must also accompany this application. The New Hanover County Technical Review Committee (TRC) must also review a High Density Residential project prior to submitting this application. For all proposals, in addition to this application, the following supplemental information and materials are required: Required Information Applicant Staff Initial Initial Narrative of Proposed Use Traffic Impact Worksheet y 'T'raffic Impact Analvsis (if aonlicablel .11N Site Plan (8 -2406 copies for Planning Board; 8 -24x36 copies for Commissioners) • Tract boundaries and total area, location of adjoining parcels and roads • Proposed use of land, structures and other improvements. For residential uses, this shall include number, height and type of units and area to be occupied by each structure and /or subdivided boundaries. For non- residential uses, this shall include approximate square footage and height of each structure, an outline ofthe area it will occupy and the specific purpose for which it will be used. • Development schedule including proposed phasing. • Traffic and Parking Plan to include a statement of impact concerning local traffic near the tract, proposed right -of- -way dedication, plans for access to and from the tract, location, width and right -of- -way for internal streets and location, arrangement and access provision for parking areas. • All existing and proposed easements, reservations, required setbacks, rights -of -way, buffering and signage • The one hundred (100) year floodpl.ain line, if applicable • Location and sizing of trees required to be protected under Section 62 of the Zoning Ordinance • Any additional conditions and requirements, which represent greater restrictions on development and use of the tract than the corresponding General Use District regulations or other limitations on land which may be regulated by State law or Local Ordinance. • Any other information that will facilitate review of the proposed change (Ref. Article VII, as applicable) Authority for AppointmentofAgent Form (ifapplicablel Fee - $500; $250 if application pertains to a residential use (i.e. mobile home, duplex family child care home) of 8 49 - 2 nA 11 A CRITERIA REQUIRED FOR APPROVAL OF A SPECIAL USE PERMIT (As Outlined in Section 71 of the New Hanover County Zoning Ordinance) The applicant should explain, with reference to attached plans (where applicable), how the proposed use satisfies these requirements (please use additional pages if necessary). The applicant has the burden of proof and must provide sufficient evidence in order for the required findings to be met. Planning Staff, the Planning Board, and the Board of County Commissioners reserve the right to require additional information, if needed, to assure that the proposed Special Use Permit meets the following requirements: 1. The Board must find "that the use will not materially endanger the public health or safety it located where proposed and developed according to the plan as submitted and approved." The proposed communications facility will meet all federal and state regulations, and will not in any way endanger the public health or safety with its location on the Home Life, Inc. property. The facility will actually enhance public health and safety by providing effective access to 911 first responders, fire, police, and EMS. 2. The Board must find "that the use meets all required conditions and specifications" of the Zoning Ordinance. All requirements of Section 63.5 -1: Telecommunication Communication Facilities, Cellular and Related Towers of the New Hanover County Zoning Ordinance are easily met by the proposed placement on the Home Life, Inc. property. 3. The Board must find "that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity." The proposed facility will provide necessary wireless infrastructure, which in the 21st century is deemed a public necessity. f=acilities like the one proposed have been shown to actually enhance the value of surrounding properties. 4. The Board must find "that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the lan of development for New Hanover County." The Home Life, Inc. property presents a perfect location for the facility due to its land classification and configuration. The purpose of the facility is to provide necessary wireless infrastructure to serve the surrounding area. The photographic simulations enclosed with this application clearly show that the facility will be in harmony with the area in which it is located. The proposed facility is in general conformity with the plan of development for New Hanover County. Board of Commissioners - August 1, 2016 OW �H - 3 AA /1 4 Section 77, of the Zoning Ordinance provides additional requirements for the following Special Use Permits. Please supplement your application with all necessary material to meet any additional requirements if your use is any of the following: • Cemetery • Convenience Food Store • Hospital or Nursing and Personal Care Facilities • Private Club or Lodge and Fraternal and Social Organizations • Sanitary Landfill • Travel Trailer Park • Family Child Care Home • Kennel • Mobile Home • Non- Residential Off- Street Parking • Commercial Marina • Septage and Sludge Disposal • Outdoor Shooting Ranges • Adult Entertainment Establishment • Indoor /Outdoor Recreation Establishments • Community Boating Facility • Residential Uses within Commercial Districts • Bed and Breakfast Inn • Electronic Gaming Operation • Farmers Market or Produce Stands in Residential Zoning Districts • Mining • High Density Development • Senior Living Options If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will be calendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. In granting a Special Use Permit, conditions may be designated to assure that the use in its proposed location is harmonious with the spirit of the Zoning Ordinance, LAMA Land Use Plan and any other adopted plans that are applicable. All conditions become part of the special use permit and run with the land. A Special Use Permit shall become null and void if construction or occupancy of the proposed use as specified and approved is not commenced within 24 months of the date of issuance. By my signature below, I certify that this application is complete and that all of the information presented in this application is accurate to the best of my knowledge, information, and belief. IS ig Ilature of P'elititiner and/or Pri�peri Owner Board of Commissioners - August 1, 2016 OI&V4 6t-* - 4 Print Name AA11 4 e (ftaw� ,,,,,,...... ! xk3.LAS0'aVO TIM713NN3I= l! I I � W p F AV I +HiPuo,�'NI�Ol Oa3r w0?f a z g W _ j 0 z i i wr5 �1 cGII 7 V �( _ Z O IBM y itSE �j Z . r F aG F M1 m.Jmw Lij i- <��33WOyy a Z U z�?s U � wi rcy31 :z Ln LOLI wain O 39 m € ^= Z R F. R O < it gzz -"j n: U o F °o R z R a Zar'.�_ < 1 pN N Z [yP�J 2 W�� -5p700t p�E W sz SNOT vA Ya O w VV ir 79 7 UU [Z7 �Qa SS f <Jw AA Ygmj m'n r x H AL P Q Z r U o O Lu W p G w w 40 f0 Z D Z iO qk = Q 00 0Z Z_ } O U U g w w Z W O'er W N O VJ z I I 2 l I w Z �W 1 OO p � U I F O W ai �1U J 5 U � J � Q Z m � o F °o R z R a Zar'.�_ < 1 pN N Z [yP�J 2 W�� -5p700t p�E W sz SNOT vA Ya O w VV ir 79 7 UU [Z7 �Qa SS f <Jw AA Ygmj m'n r x H AL P Q Z r U o O Lu W �c Z Q �J W V a = Q 00 0Z Z_ } O U U g Z W O'er W N O VJ 2 w Z o F °o R z R a Zar'.�_ < 1 pN N Z [yP�J 2 W�� -5p700t p�E W sz SNOT vA Ya O w VV ir 79 7 UU [Z7 �Qa SS f <Jw AA Ygmj m'n r x H a -A ITEM: 11- 10 - 1 g 1W ay H z O Q 21< O y I.O .y o g Fih w = ajw Z LLJ o �3to U AL P •L l o J a -A ITEM: 11- 10 - 1 g 1W ay H z O Q 21< O y I.O .y o g Fih w = ajw Z LLJ o �3to U HELLMAN YATES & TISDALE ATTORNEYS AND GOkJNSELMRE AT LAW JONATHAN I. YATES DIRECT VOICE 843 414 -9754 JLYOHELLMANYATES.CUM June 17, 2o16 VIA FEDERAL EXPRESS Ben Andrea, CZO, AICP Current Planning & Zoning Supervisor Planning & Inspections - Planning & Zoning New Hanover County 23o Government Center Drive, Suite 110 Wilmington, NC 28403 (910) 798-7571 HELLMAN YATf=S & TISDALE, FA 105 OROAD STREET, TH IRp FLOOR CHARLESTON, SOUTH CAROLINA 29401 V 643 266 -9099 - 643 286 -9188 RE: Proposed 185 -foot monopole -style wireless communications facility to be located at 2020 Corporate Drive, Wilmington, NC 29205 by Optima Towers Dear Ben: We are pleased to present this application on behalf of Optima Towers for a 185 -foot monopole - style wireless communications facility to be located at 2020 Corporate Drive, Wilmington, NC 29205. The underlying 0.8 -acre property is owned by Home Life, Inc. and is designated as tax map number R02620-003- 041 -0oo. The property is in a Planned Development (PD) zoning district. This facility is desperately needed in order to provide adequate voice and advanced data coverage to the surrounding area. We have taken the liberty of recasting the relevant sections of the New Hanover County Zoning Ordinance below with our response to the relevant section in bold. As you will see from the following, all of the New Hanover County requirements have been met. Section 63.5 -1: Telecommunication Communication Facilities, Cellular and Related Towers These facilities may be located by right in the I -1 and I -2 Districts and by special use permit in all other zoning districts. In addition, these facilities shall be subject to the following: (A) Except for amateur radio antenna up to 90 feet, any tower, antenna or related structure in any zoning district shall set back from any existing residential property line or residential zoning district boundary a distance equal to the height of the tower as measured from the base of the tower. In no case shall the setback for any tower, antenna or related structure be less than 50 feet. Board of Commissioners - August 1, 2016 ITEM: 11-11 -1 June 17, 2o16 Page 2 As shown on Sheet Zoi of the Site Plans and Drawings, attached hereto as Exhibit "5" and incorporated herein by reference, the proposed facility is set back 185 feet from any residential property lines or residential zoning district boundaries, and at least 50 feet from all property lines, thereby complying with this requirement. Furthermore, the fall zone for the proposed monopole -style communications tower has been certified at SS feet, as shown in the ANSI /Fall Zone Letter by North Carolina Professional Engineer Habib Azouri, attached hereto as Exhibit "7" and incorporated herein by reference. (B) Where Special Use Permits are required, all of the following standards shall be applied, and all requirements must be met. Additional conditions may be determined to be necessary to mitigate negative impacts, and the permit should be approved only if all negative impacts can be mitigated. No reductions in setbacks maybe granted for this use under Section 62.1 -4 of this ordinance. i. The minimum distance between the tower and any other adjoining parcel of land or road must be equal to the minimum setback described above, plus any additional distance necessary to ensure that the tower, as designed, will fail within the tower site. The fall zone for the proposed monopole -style communications tower has been certified at 55 feet, as shown on Sheet Zoi of Exhibit "5", as well as in Exhibit "7", thus fully contained on the Home Life, Inc. property. 2. The applicant shall provide simulated photographic evidence of the proposed appearance of the tower from four (4) vantage points and a statement as to the potential visual and aesthetic impacts on all adjacent residential zoning districts. The simulation shall include overall height; configuration; physical location; mass and scale; materials and color (including proposals for stealth structures); and illumination. Photo simulations of the proposed facility are attached hereto as Exhibit "8" and incorporated herein by reference. 3. Concealed (stealth) or camouflaged facilities are encouraged when the method of concealment is appropriate to the proposed location. Attached stealth facilities may include but are not limited to: painted antenna and feed lines to match the color of a building or structure, faux windows, dormers, or other architectural features that blend with an existing or proposed building or structure. Freestanding stealth facilities typically have a secondary, obvious function such as church steeple, windmill, silo, light standard, flagpole, bell /clock tower, water tower, or tree. There is no appropriate method of concealment for this facility on the Home Life, Inc. property. We are deploying the monopole design, as it has been found to be the most innocuous and visibly- pleasing to the surrounding area, and is recommended by the United States Fish and Board of Commissioners - August 1, 2016 ITEM: 11-11 -2 June 17, 2ox6 Page 3 Wildlife Service. 4. The proposed appearance of concealed or non- concealed facilities shall be evaluated for compatibility with the surrounding community prior to submission of the special use application. Applicants shall meet with Planning staff for a preliminary review of proposed appearance in order to assure each facility will impose the least obtrusive visual impact. Applicants accept and acknowledge this provision. (C) A landscaped buffer with a base width not less than 25 feet and providing 100% opacity shall be required within the tower site to screen the exterior of protective fencing or walls. The base of the tower and each guy wire anchor must be surrounded by a fence or wall not less than 8 feet in height. As shown on Sheet Zog of Exhibit "s," the proposed monopole -style wireless communications facility will be enclosed by an eight - foot -high Cedar stockade fence with brick corner columns. In addition, please see Sheet Zo6 of Exhibit "5 ", which shows the landscaping plan by Optima Towers. Optima Towers will plant si Carolina Sapphires on three sides and will take advantage of the existing heavy and mature tree cover along the rear of the Home Life, Inc. property to effectively screen the compound and provide l00% opacity. (D) All applicants seeking approval for the construction of any new towers, antennas, and related structures shall submit written evidence in the form of a report to demonstrate that collocation on any existing tower, antenna or usable structure in the search area for the new tower is not reasonable or possible. Technical data in the report shall include certification by a Registered Professional Engineer licensed in the State of North Carolina or other qualified professional, whose qualifications shall be included, regarding service gaps or service expansions that are addressed by the proposed telecommunication tower and accompanying maps and calculations demonstrating the need for the proposed tower. A map showing the search ring and an inventory of all structures investigated for co- location shall be included as well as a radio frequency analysis indicating the coverage of existing wireless communications sites, coverage prediction, and design radius, together with a certification from the applicant's radio frequency (RF) engineer that the proposed network design is intended to improve coverage or capacity potential or reduce interference and the proposed facility cannot be achieved by any higher ranked alternative such as a concealed (stealth) facility, attached facility, replacement facility, co- location, or new antenna support structure. Please see the CelPlan letter of need, radio - frequency propagation maps, and search ring, which are attached hereto as Exhibit "g," and incorporated herein by reference. (E) All towers shall be constructed to accommodate collocation. Towers over 15o feet in height shall be engineered to accommodate at a minimum two additional providers. Towers 15o feet or less in height shall be engineered to accommodate at a minimum one additional provider. As shown on Sheet Zoe of Exhibit "5," the proposed facility has been designed for at least five (5) providers, thereby complying with this requirement. (F) All applicants seeking approval shall also submit a written affidavit from a qualified person Board of Commissioners - August 1, 2016 ITEM: 11- 11 - 3 June 17, 2016 Page 4 or persons, including evidence of their qualifications, certifying that the construction or placement of such structures meets the provisions of the Telecommunications Act of 1.996, the National Environmental Policy Act of 1969, FCC Rules Sections 1.1311,1.1312,1.1307 and all other applicable federal, state and local laws. The statement must certify that radio frequency emissions from the antenna array(s) comply with the FCC standards. The statement shall also certify that both individually and cumulatively the proposed facilities located on or adjacent to the proposed facility will comply with current FCC standards. In accordance with NCGS 153A- 349.52(a), the County cannot base its permitting decision on public safety implications of radio frequency emissions of wireless facilities. Please see the NEPA and FCC Standards Compliance Letter by Ben Salter, Principal Scientist of Environmental Corporation of America, attached hereto as Exhibit "1.z" and incorporated herein by reference. (G) Any tower and associated equipment which was lawfully constructed under the terms of the Ordinance, which is now considered a nonconforming improvement, may continue or be reconstructed as a conforming improvement even through the tower and associated equipment may not conform with the provisions of this Ordinance for the district in which it is located. Towers and associated equipment may only be enlarged and /or relocated if the enlarged or relocated tower eliminates the need for an additional tower, provides additional collocation opportunities on the tower, or provides additional antenna space on the tower; and provided further that the enlargement and /or relocation shall be in conformance with the following regulations and design limitations: 1. Tower height may not be increased by more than 15% of the originally constructed tower height. Increases in height greater than 1.5% will require a variance from the Board of Adjustment. 2. A tower shall be allowed to be reconstructed and relocated within the boundaries of the property on which it is located so long as the decrease in the setback does not exceed 15% of the originally constructed tower height and the relocated tower is sited to minimize any increase in the existing nonconformity. Any request to reconstruct and relocate the tower where the resulting decrease in setback exceeds 15% of the originally constructed tower height shall require a variance from the Board of Adjustment. Applicants accept and acknowledge this provision. (H) Cellular and PCS antennas attached to existing structures shall not add more than six feet to the overall height of structure. (10/02) Applicants accept and acknowledge this provision. (I) Signage: 1. Attaching commercial messages for off -site or on -site advertising shall be prohibited. 2. The only signage that is permitted upon a tower, antenna support structure, equipment cabinet, or fence shall be informational, and for the purpose of identifying (1) the antenna support structure (such as ASR registration number); (2) the party responsible for the operation and maintenance of the facility; (3) its current address and telephone number; (4) security or safety signs; (5) property Board of Commissioners - August 1, 2016 ITEM: 11- 11 - 4 June 3.7, 201.6 Page 5 manager signs for the tower (if applicable); and (6) signage appropriate to warn the general public as to the use of the facility for radiofrequency transmissions. Optima Towers and all other users of the proposed wireless communications facility will only place the federally-required site identification and emergency signage on the proposed facility, as shown on Sheet ZoS of Exhibit "5." Commercial messages are prohibited on the facility. (J) Equipment Compound: 1. Shall not be used for the storage of any equipment or hazardous waste (e.g., discarded batteries) or materials not needed for the operation. No outdoor storage yards shall be allowed in a tower equipment compound. Applicants accept and acknowledge this provision. 2. Shall not be used as habitable space. Applicants accept and acknowledge this provision. (K) Outside Experts and Disputes i. Siting of telecommunications facilities may involve complex technical issues that require review and input by outside experts. Staff may require the applicant to pay the reasonable costs of a third -party technical study of a proposed facility. Selection of expert(s) to review the proposal shall be at the sole discretion of the decision - making body. Applicants accept and acknowledge this provision. 2. If an applicant for a telecommunications facility claims that one (i) or more standards of this Ordinance are inconsistent with federal law as applied to a particular property, or would prohibit the effective provision of wireless communications within the relevant market area, the decision - making body may require that the application be reviewed by a qualified engineer for a determination of the accuracy of such claims. Any costs shall be charged to the applicant. Applicants accept and acknowledge this provision. (L) The applicant shall submit Form 7460 to the Federal Aviation Administration (FAA) to assure compliance with all FAA standards and to resolve issues of concern, including required lighting, possible transmission interference or other conflicts when the proposed tower site is located within ten thousand (10,0oo) feet of an airport or within any runway approach zone. Please see the Federal Aviation Administration filing and letter by Ken Patterson of Airspace Consulting, Inc,, attached hereto as Exhibit "io" and incorporated herein by reference. In addition to these exhibits, please find a copy of the current tax map, attached hereto as Exhibit "x;" site survey, attached hereto as Exhibit "2;" the adjacent owners and uses, attached Board of Commissioners - August 1, 2016 ITEM: 11- 11 - 5 June 17, 2w6 Page 6 hereto as Exhibit "3;" the Traffic Impact Worksheet, attached hereto as Exhibit "4;" and the Property Owner Authorization letter, attached hereto as Exhibit "6." On behalf of Optima Towers, we thank you very much for your time and consideration in the review of this application. If you have any questions or if we can provide any additional information, please call me on my direct line at (843) 414 -9764 or on my mobile at (843) 813- 0103. We look forward to working with you and your staff on this project for Optima Towers. We respectfully request that this application be placed on the July 7, 2o16 agenda of the New Hanover County Planning Board. With warmest regards, I am JLY:edh Enclosures Cc: Keith Powell Joe Taylor, Esq. Scott Holmes, Esq. Yours very truly, 40nathan L. Yates Board of Commissioners - August 1, 2016 ITEM: 11- 11 - 6 U s . t Y • #a4 l r Board of Commissioners - August 1, 2016 ti ITEM: 11- 12 - 1 _ s 4 New Hanover County http: / /emx.nhcgov. coin/ pt/ Datalct &WntDatalet.aspx?lxn= RO2620... PARID: R02620- 003 - 041 -000 HOME LIFE INC 2020 CORPORATE DR Parcel Alt ID 324013.12.8696.000 Address 2020 CORPORATE DR Unit FD City WILMINGTON Zip Code HOME LIFE INC Neighborhood CGCC1 Class IND- Industrial Land Use Code 958 - Unused Land Living Units 28405 Acres .8118 Zoning PD- PLANNED DEVELOPMENT M Legal Description LT 18R CORPORATE DR S NORTHCHASE PARK OF COMM SEC 1 Tax District FD Owners Owner HOME LIFE INC City WILMINGTON State NC Country Zip 28405 THE DATA IS FROM 2016 1 of 1 Board of Commissioners - August 1, 2016 6r7/16,3:44 PM ITEM: 11- 12 - 2 f yg r � , I I , I I R 'I S \ I \ I I1 r` \ \1 \ II I 1 Lhy 1 \ m \ pp d �i 33 gill€ a 3 I 8eA1 6 a �u i--------- --" --- gill, i I I I'� �i a p is R 1\i \ I� \ 1� 1' r` OU �i 33 gill€ a � c 8eA1 6 a �u 0. OU �i 33 gill€ a I 8eA1 6 Exhibit 3- Adjacent Property Owners and Uses Corporate Drive Owners Association, Inc. R02620 -003- 016 -000 Zoned: PUD Use: Vacant and Buffer Cape Fear Mold and Tool, Inc. R02620- 003 - 022 -000 Zoned: PUD Use: Business /Industrial Warehousing Gary T. and Elizabeth W. Howard R02620- 003 - 027 -000 Zoned: PUD Use: Business /Industrial Warehouse EDX, Inc. R02620 -003- 040 -000 Zoned: PUD Use: Business /Industrial /Commercial City of Wilmington R03500- 001- 014 -000 Zoned: R -15 (New Hanover County) Use: Olsen Park Board of Commissioners - August 1, 2016 ITEM: 11- 14 - 1 Traffic Impact Worksheet Prior to submission of nonresidential site plan, this worksheet must be prepared A Traffic Impact Analysis will be required for all projects generating 100 peak hour trips or more. The scope of the TM shall be determined by concurrence of the Planning Director, the MPO coordinator and NCDOT traffic engineer. Any mitigation measures required must be included in the final site plan submitted for review. PROJECT NAME optima Towers site NC- 1031 -A Northchase PROJECT ADDRESS 2020 Corporate Drive South DEVELOPER/OWNER optima Towers IV LLC EXISTING ZONING Pupa GROSS FLOOR AREA to, 000 sq. fl. NEAREST INTERSECTION Dorthchase Pkwy & Corporate Dr. BEFORE PROPOSED PROJECT Average Daily Traffic (Date) 2257 LEVEL OF SERVICE (LOS) ITE MANUAL TRAFFIC GENERATION ESTIMATE: •rrE Manual available at Planning Department USE AND VARIABLES: wireless communications facility (Example: Racquet Club; 8 courts; Saturday peaks) AM PEAK HOUR TRIPS c =1 PM PEAK HOUR TRIPS c =1 (Traffic generation of 100 peak hour trips will require Traffic Impact Analysis Scoping meeting with Planning Department) , / ,' �7 Keith Powell 7 V Person Providing Estimate Sly a Peals Hour estimate confirmed by Planning & Zoning on "-' ,� l& (Date) �y Board of Commissioners - August 1, 2016 ITEM: 11- 15 -1 w z 0 �j 3 a o z ao a lJ m o z yj o w I O Z F O U U U Q a zo o ¢ om° owE � Q w W z jmD >�n N n z rora� °mY a°'�y t J YM N zM pa 23 Z L7 W300 ■ WOIT ` al a0® ova m mz 0Z {oI� JO^I ZJO a rczo o,°,, uai a �3� m Ma °o or w�-- 0', o_ in i x o� O MO UZ aOJ p- 7Ma D_M J om -M '~z0 No WZ r O U O� d0� z z a� oam U 17 W M z � YO a oo �Z M M O W rrN 0 N � w w w w W W Ld Ld xz 0, V °CZ z as = H w O p a 0 Oz cr z W 0 W �- N 0 U (4 z Z z Z y O Q W z F F- CZ9 Z a¢ o o a N LJ U > 5 5 Z Z C] ti a I I I I I I I I I I I - ~ H 0 0 0 7 0 o w N N N N N N N N w z 0 �j 3 a o z ao a lJ m o z yj o w I O Z F O U U U Q a zo o ¢ om° owE � Q w W z jmD >�n N n z rora� °mY a°'�y t J YM N zM pa 23 Z L7 W300 ■ WOIT ` al a0® ova m mz 0Z {oI� JO^I ZJO a rczo o,°,, uai a �3� m Ma °o or w�-- 0', o_ in i x o� O MO UZ aOJ p- 7Ma D_M J om -M '~z0 No WZ r O U O� d0� z z a� oam U 17 W M z � YO a oo �Z M M O W rrN 0 N � �W CO V Z LU QZ Z H xz 0, V °CZ z as = H w O p 0 Oz cr z W 0 W �- N 0 (4 z W z w z 0 �j 3 a o z ao a lJ m o z yj o w I O Z F O U U U Q a zo o ¢ om° owE � Q w W m M � WMa� jmD >�n N n z rora� °mY a°'�y t �T N > N YM N zM pa 23 Z L7 W300 ■ WOIT ` al a0® ova m mz 0Z {oI� JO^I ZJO a rczo o,°,, uai a �3� m Ma °o or w�-- 0', o_ in i x o� O MO UZ aOJ p- 7Ma D_M J om -M '~z0 No WZ HF O U O� d0� z z a� oam W pap O�S ow 4, 'S xoa �o M i 17 W M z � YO a oo �Z M w z 0 �j 3 a o z ao a lJ m o z yj o w I O Z F O U U U Q w F CCC 8 N .., Q w F p N 1 b h igpQn O�Y phi 1 WQy� 2a8�m mad o; ti - -0999 .n I nl I BID-M . 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O M N g c cT O �. Q ❑ ❑❑ � ci v e x O w p U Z 6 H 3 m 30 m 3 w 3 L ' co v 5� n � n F v q L (Q`a1 /M F4 m f 4 N �R W C C e Z V m v co L ' co v 5� n � n F Fn S as z CL •. IE d V yJ /C Q 1 s I 1 a 1 a 1 II I\ I\ I\ I\ F �N w C i 2 K Q {�5 U 2 N c Q N O� • �o�F a � y < .95 K' a 6F , �n za�wlAloa< o� QOF M- Q��x ° <FayaFm us.' -K ? U G �w �Fj�HM or' �yx.�G amw o�J F w f5 F" GwF �_ ■Y�yy ypj� �O Oyy ',TY GM U is ga oM y 12t gg a 2 �X < �g J - H - - W Z � � cv — a _ F z � z p x p Vf N � m � m N � MU' as z CL •. IE d V yJ /C Q 1 s I 1 a 1 a 1 II I\ I\ I\ I\ F �N w C i 2 K Q {�5 U 2 N c Q N O� • �o�F a � y < .95 K' a 6F , �n za�wlAloa< o� QOF M- Q��x ° <FayaFm us.' -K ? U G �w �Fj�HM or' �yx.�G amw o�J F w f5 F" GwF To: Director Planning and inspections 230 Government Center Drive, Suite 110 Wilmington, NC 28403 From: Wilson, Ki, Principal Owner of New Hanover County parcel ID R02620 -003- 041 -000 Home Life; Inc. PO Box 12615 Wilmington, NC 28405 Re: Zoning and Permit filing for Optima Towers IV, LLC Dear Sir or Madam, I hereby appoint Optima Towers IV, LLC (Keith Powell) and its attorneys, Joe Taylor, Scott Holmes, and/or Jonathan Yates, as my exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, conditional use district, and/or an appeal of staff decisions applicable to the property described in the attached petition. 1. To submit a proper petition and the required supplemental materials. 2. To appeal at public meetings to give representation and commitments on behalf of the owner. 3. To act on the owner's behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of any petition for an amendment applicable to the New Hanover County Zoning Ordinance under Article XI therein. This agency agreement shall continue in effect until written notice of revocation by the owner is delivered to New Hanover County. This the day of :wk 2016 Agent's Name, Address, Email & Telephone Signature of Owner (s) (Print or Type) 1. Keith Powell, PO Box 2041, Mt. Pleasant, SC 29465 keith.poweil2@comcastnet� 1r 2. Joe Taylor, Murchison, Taylor, and Gibson, 16 N. 5th Street Wilmington, NC 28401; jtaylor@murchisontaylar.com 3. Scott Holmes, Murchison, Taylor, and Gibson, 16 N. 5th St. ��nn Wilmington, NC 28401; sholnes@murchisontaylor.com W �� bX; 3. Jonathan Yates, Hellman, Yates and Tisdale, 105 Broad Street [ 3rd Floor, Charleston, SC 29401; jly@hellnanyates.com )d ` 9 �. ,,Q Board of Commissioners - August 1, 2016 ITEM: 11- 17 - 1 Products UC June 06, 2016 Optima Towers IV, LLC PO Box 2041 Mt. Pleasant, SC 29465 Attn: Mr. Keith Powell Reference: 185ft Tapered Steel Pale Site Name: NC -1031 Northchase New Hanover County, North Carolina Dear Mr. Powell: The n0erenoed pole will be designed to meet the spedW kading requirements in accordance with ANSIITIA- 222 -G for a 144 MPH Ultimate Wind Speed per ASCE 7 -10 with no ice and a 30 MPH 3- second gust wind speed with 0.25 inch radial ice, Structure Class: 11; Exposure Category: C and Topographic Category. 1. It is our understanding that the design of the referenced pole requires consideration of a contained fall radius in the everYt that a catastrophic wind speed would result in collapse. Although the pole will not be designed to fail, stronger sections than required by analysis will be provided in the lower sections of the pole. This would result in an increased safety factor in the lower sections. This design would enable the pole to fail through a combination of Mending and buckling in the upper portion of the pole under a catastrophic wind loading. Failure in this manner would result in the upper portion of the pole folding over the lower portion, resulting in a fall radius no greater than 55ft. The failure mode would theoretically be a local buckling failure involving a crippling of the pole wall on one side of the pole as opposed to the pole shearing off or completely breaking off and hitting the ground. Please contact us at your convenience should: you have further questions concerning the safety of pole structures or other aspects of pole design. Sincerply, " u ,....,,��� abibAzouri, P, E. a,�FESSio,�•,9 �Q • Engineering Manager SEAS. ; cc: Ken Cordrey y .,• PEpZ40b1 .; File: Q16- 103602 % 9 1wal%4. •' �V Board of Commissioners - August 1, 2016 ITEM: 11- 18 - 1 A,i ■ -August 1, 2016 9-2 C7� EL NP LN 3t D > -6 Z z < yJ ITEM: 11- 19 - 3 f g: t I CD co pu l� gust 1, 2016 v to If -4 LIL ?l Board of Commissioners - August 1, 2016 ITEM: 11- 19 - 5 r i Fq 6Li Board of 'Plan Ce l. Wireless Gjooal Solutions june %. 2016 Ben Andrea Planning and Zon rg D~uattri*rit New Hanover County 230 Government Center Drive Suite 110 Wlmingtor, NC 28403 Re: Optima Towers proposed communicators `acility at 2023 Carperate Dive Dear lair Andrea I appreciate the opportunity to aodress and derncns.rate the proposed coverage for the Optima Towers site in Nortficfiase Business ParK Tie coverage that wouA be provided by Optima Towers proposed site at 2020 Corporate Drive :s similar to cr better than coverage that presently exists via the existing water tank in Northchase Business Park. The existing water tank is to be dismantled in the near future and a communications facility wi:l be required to provide the wireless coverage similar to the current coverage. Additionally, rr.y analysis confirms that a collocatior.(s) on any existng tower, antenna. or useable structure~ in search area for It a proposed tower is not possible and therefore will not provide the coverage and quality of use to :rte nearby commercial and residential areas of Technology Drive, Interstate 40, Murrayville IRoac, and Northchase residential areas To provide the rninirr.;,m jevel coverage requirements and to meet the New Hanover County zoning ordnance, a new tower of approx.mately 190 -ft in height is ,equireo We reviewed the foliowing information. submitted to us by Optima Towers 1 Current transmitting iocati; rs o= the PCS and Cel!u'ar carriers in and around the residential and commercial areas. 2 The current available coverage requirements ,nc :uoing existing structure evaluation and user transmitting- receiv,rg iocaticrs: 3 Residentiai- Commercial layout. anc cer,siiy. physical properties, and general usage type by i.ser tvoice- data- seaso -ia�- arr..laly_ 4. Existing cellular PIS coverage for residential areas of Northchase (multiple neighborhoods), Long Ridge. ano Murray'ville Road areas Existing cellular PCS coverage for commercial areas alorl Northchase Parkways. Coruoraic 'Droje Sou' 'n, Hignwa'y 132 and aiorg M.irrayville Road. 5 Existing struciLres available fcr coilocatsor respective to the needs of coverage; and 8. Properties .?oned for wireless communication facilities, Our analysis conc,uaer that a tower in the ;rc posed search area by Optima Towers is absolutely r ,ecessar)• :r order to pro%ue aderLatG celiu: ar v =—e. and data coverage. There are many users in the ger&ra, Noanchase, vianity that .eiy sorely or, ;rfireiess co...-)m imcaticns Cellular voice, data usage, arc cccverage nave c:hargeo over tare hears ano tthe devesapmeri of tree communications facilities have n?nged accord rgly Refnvo!P, a s:te fror, , an existng retworv, ir~ a r.:-ghiy populated area witt5cut a ,acenieni site, .s :got feasible. safe of oesi ab!e C:�rently vdn the move it more extensive Cellular pncce tAage ;vL landiine (dimes; and after reve'cpment, the coverage necessary necessary to aie extensive, data and vo :ca i ad c req,'res ccmmurricattons faciltes to oe smaller and more C- � w Board of Commissioners - August 1, 2016 ITEM: 11- 20 - 1 Fax 7Jv 476 3584 xv.W --eipian corn. 4b pa< s 2 June' . 2016 precise in their location. Subsequently. the search areas for !eplWen -ei It facilities are by nawre, reduced dramatically. and the proposed search i nq for ois :,¢e is oo -ncra han a 1GOO -1400 ft radius from the exiOng deter tank.. As this relates to the Northchase area. our analysis shows that without the existing site or Optima Towers proposed site, an area or non - usable or lacking coverage would exist Southward from Technology Drive, Eastward from the Northchase residences (Winchester. Lake Moore, Charendon, Hartnett Point, Heather Ridge, and other neighborhoods), Northward from 'Long Ridge and Murrayville Road. and Westward From 1110. The designated search area is a dynamic area that has extensive cellular and PCS usage. These dynamics require a structure to be krated in this search area in the immediate vicinity of Northchase Parkway SE and Corporate Drive. There are no existing facilities that will provide a complete solution for this area. The heights of the surrounding facilities are relatively low, approximately 100 -ft to 250 -ft above ground level. The planned facility by Optima Towers will greatly improve and extend coverage to the distressed commercial and residential areas in the Northchase Business Park and surrounding vicinity. The radio frequency emissions from *.ne oianned Optima Towers facility will comply with all FCC standards. Sincerely. Crigine Korowajczuk Project Engineer gtLbne ctan,ggrr 703 -259 -4036 Board of Commissioners - August 1, 2016 ITEM: 11- 20 - 2 0 k ,L, 8 c� CIL ql 'd t ra C--1 4 CIO v% 0 n n o — a# r :L ` � � �F� .� � -.+-' . - � 'mot �. + ,•,_�� �, •i. +. 4L C17 y — T . 1. Y ` 1' •l { r i a 46 liw- L Yt" � IQ4 _ a kjw :L ` � �F� .� � -.+-' . - � 'mot �. + ,•,_�� �, •i. +. 4L C17 y — T . 1. Y ` 1' •l { :L ` r i a 46 liw- L Yt" � IQ4 _ a Board Commissioners August 1, 2016 of - `;J 3 'diV Ff ,i t s #LR i s a � r �r � - :�:•� bath; - .* - -. 1 x M `e ;. 6. •;Li ! _ • F= 1 ti jiAr M Q CD +o U-) aQ cP Board of Commissioners - August 1, 2016 - 0 n � n n 0 `;J 3 'diV Ff ,i t s #LR i s a � r �r � - :�:•� bath; - .* - -. 1 x M `e ;. 6. •;Li ! _ • F= 1 ti jiAr M Board of Commissioners - August 1, 2016 - •• 4 I i ■ • . art • r* , w .- , h w IF I MCF yn r Board of Commissioners - August 1, 2016 ITEM: 11- 20 - 6 W12016 Proposed Case for NC: 2016 -ASO- 10991 -OE z' Federal Aviation Adminl #ration OF /AAA Imposed Case for NC: 2016-ASO-1 0991 -OE For information only. This proposal has notyetbeen studied. Study outcomes will be posted at a later date. Public comments are not requested, and will not be considered atthis time. Overview Study (ASN): 2016 -ASO- 10991 -OE Prior Study: 2016 -ASO- 8715 -OE Status: Work In Progress Construction Info - Notice Of- CONSTR Duration: PERM (Months: 0 Days: 0) i Work Schedule: 07 /01/2016 to 11/30/2016 Structure Details Latitude (MAD 83): 340 18' 05.08" N Longitude (MAD 83): 771 52' 05.50" W Datum-. NAD 83 City: Wilmington State: NC Nearest County; New Hanover Received Date: 04 /05/2016 Entered Date: 04 /29/2016 Map: view Map Structum Summary Structure Type: Antenna Tower Structure Name. NC- 1031 -A Northchase FCC Number: Mefgfit anti Me4suari Proposed Site Elevation: 33 i Structure Height: 1921 Total Height (AMSL): € 2251 Frequencies - Low Freq High Freq Unit ERP Unit 698 806 MHz 1000 W 806 824 MHz 500 W 824 849 MHz 500 W 851 866 MHz 500 W 869 894 MHz 500 W 896 901 MHz 500 W 901 902 MHz 7 W 930 931 MHz 3500 W 931 932 MHz 3500 W 932 932.5 MHz 17 dBW 935 940 MHz 1000 W 940 941 MHz 3500 W 1850 1910 MHz 1640 W 1930 1990 MHz 1640 W 2305 2310 MHz 2000 W 2345 2360 MHz 2000 W Back to Previous Search Next, Result Board of CommTiisssiionners ??- ��August 1, 2016 https:// oeaaa. faa. gov/ oeaaa/ external /searchActi on.j sp? action =displ ayOECase &'!EMas'el6= &0462936&ro, =6 112 AAmpap-o Consuil ing, Ine. www.airs .00m Site ID: Northchase NC- 1031 -A June 6, 2016 Notice to the FAA is Required To Whom It May Concern: On June 6, 2016, I personally conducted an evaluation of a proposed telecommunications site for Optima Towers. The study was to determine if the proposed structure would create any adverse effect on navigable airspace. The site is located in Wilmington, North Carolina at 34° 18' 05.08" North and 770 52'05.50" West (NAD 83). The site elevation is 33' above mean sea level (AMSL). The proposed structure height is 192' above ground level (AGL) or 225'AMSL. Part 77 ofthe Federal Air Regula- tions and Part 17 of the FCC Rules and Regulations were used as the primary reference for this evalua- tion. The closest public use or DOD runway is Runway 24 at Wilmington International Airport. The distance to the runway is 1.86 nautical miles on a true bearing of 036.620 from the runway edge. The proposed 192' AGL (225' AMSL) structure would exceed FAR Part 77.9 (b) Notice Requirement by 93'. Notice of Proposed Construction or Alteration Form 7460 -1 must be filed with the FAA and a favorable FAA determination must be received prior to beginning construction. The proposed 192' tower does not exceed any FAA Obstruction Standard. It does not penetrate any airspace protected for IFR or VFR operations at the Wilmington International Airport. Marking and/or lighting should not be required. The FAA should approve the proposed structure at the completion of their study. AM broadcast stations and private use landing facilities are not a factor for this site. For additional information or questions about this study, contact my office anytime. Sincerely, �4' P'0e4--b-- Ken Patterson KP15487B 141 Massengale Road, Brooks, GA 30205 (770) 461 -0563 kpac0 @bellsouth.net Board of Commissioners - AUgUSt 1, 2016 ITEM: 11- 21 - 2 ~, Mail Processing Center Federal Aviation Administration I %Mff Southwest Regional Office NIIIIIIIEW Obstruction Evaluation Group 10101 Hillwood Parkway Fort Worth, TX 76177 Issued Date: 06/27/2016 Keith Powell Optima Towers IV, LLC P.O. Box 2041 Mt. Pleasant, SC 29465 Aeronautical Study No. 2016 -ASO- 10991 -OE Prior Study No. 2016 -ASO- 8715 -OE ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION ** The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C., Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning: Structure: Antenna Tower NC- 1031 -A Northchase Location: Wilmington, NC Latitude: 34- 18- 05.08N NAD 83 Longitude: 77- 52- 05.50W Heights: 33 feet site elevation (SE) 192 feet above ground level (AGL) 225 feet above mean sea level (AMSL) This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following condition(s), if any, is(are) met: It is required that FAA Form 7460 -2, Notice of Actual Construction or Alteration, be e -filed any time the project is abandoned or: At least 10 days prior to start of construction (7460 -2, Part 1) X Within 5 days after the construction reaches its greatest height (7460 -2, Part 2) Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking/ lighting are accomplished on a voluntary basis, we recommend it be installed and maintained in accordance with FAA Advisory circular 70/7460 -1 L. This determination expires on 12/27/2017 unless: (a) the construction is started (not necessarily completed) and FAA Form 7460 -2, Notice of Actual Construction or Alteration, is received by this office. (b) extended, revised, or terminated by the issuing office. (c) the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for completion of construction, or the date the FCC denies the application. Board Rn11l6fi5ners - August 1, 2016 ITEM: 11- 22 - 1 NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE E -FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE- EVALUATION OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD. This determination is based, in part, on the foregoing description which includes specific coordinates , heights, frequency(ies) and power. Any changes in coordinates , heights, and frequencies or use of greater power will void this determination. Any future construction or alteration , including increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. Any failure or malfunction that lasts more than thirty (30) minutes and affects a top light or flashing obstruction light, regardless of its position, should be reported immediately to (877) 487 -6867 so a Notice to Airmen (NOTAM) can be issued. As soon as the normal operation is restored, notify the same number. A copy of this determination will be forwarded to the Federal Communications Commission (FCC) because the structure is subject to their licensing authority. If we can be of further assistance, please contact our office at (817) 222 -5933. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2016 -ASO- 10991 -OE. Signature Control No: 290462936 - 296865933 Andrew Hollie Specialist Attachment(s) Frequency Data Map(s) cc: FCC Page 2 of 5 Board of Commissioners - August 1, 2016 ITEM: 11- 22 - 2 (DNE) Frequency Data for ASN 2016 -ASO- 10991 -OE LOW HIGH FREQUENCY ERP FREQUENCY FREQUENCY UNIT ERP UNIT 698 806 MHz 1000 W 806 824 MHz 500 W 824 849 MHz 500 W 851 866 MHz 500 W 869 894 MHz 500 W 896 901 MHz 500 W 901 902 MHz 7 W 930 931 MHz 3500 W 931 932 MHz 3500 W 932 932.5 MHz 17 dBW 935 940 MHz 1000 W 940 941 MHz 3500 W 1850 1910 MHz 1640 W 1930 1990 MHz 1640 W 2305 2310 MHz 2000 W 2345 2360 MHz 2000 W Page 3 of 5 Board of Commissioners - August 1, 2016 ITEM: 11- 22 - 3 TOPO Map for ASN 2016 -ASO- 10991 -OE Page 4 of 5 Board of Commissioners - August 1, 2016 ITEM: 11- 22 - 4 3 121 39 f Nab 7 Sectional Map for ASN 2016 -ASO- 10991 -OE Off.1k it tt ; .1 A335 (31 5) . . Swamp s \IJ. r� n M�,�1� Y/ JET Sr. (280} _ � VI1'I LM I N GTQ INTL r�& !;19. 9 "ATI .'97 5 A r 124' 32 '" L 80 f 22.95 "7 �c1 A ----7, [V; V➢ PI LOTS 4113E 3r 30 122. Page 5 of 5 Board of Commissioners - August 1, 2016 ITEM: 11- 22 - 5 O /See N OTAM s /Di reetor AOr: � lass- D eff hr'" Wrightsville Beach F .00' ENVIRONMENTAL CORPORATION OF AMERICA 1,NV)R0%�MiN1-,,, kit- 01+( HXIC V I WEAL NOS ECOLOGY I kT;!URAI Rs~SOUR(Ts June b, 2015 Optima Towers W, LLC P.O. Box 2041 Mt. Pleasant, SC 29455 Attention: Mr. Keith Powell Subject: National Environmental Policy Act Compliance Proposed 185 -Foot (190 -Foot Overall Height with Appurtenances) Monopole Telecommunications Structure Optima Towers — NC- 1031 -A (Northchase) 2020 Corporate Drive Wilmington, New Hanover County, North Carolina ECA Project #50713 Dear Mr. Powell: Environmental Corporation of America (ECA) has been contracted by Optima Towers to prepare Federal Communications Commission (FCC) National Environmental Policy Act (NEPA) documentation for the referenced telecommunications facility. ECA conducts FCC NEPA evaluations in accordance with FCC Rules contained in 47 CFR 1.1311, 1.1312, and 1.1307. The FCC NEPA evaluation for the referenced project has not identified any actions associated with the project that would have a significant effect on the quality of the human environment that would require the completion an Environmental Assessment. The radio frequency emissions from the antennas array(s), a proposed by Optima Towers at the subject facility will comply with FCC standards individually and cumulatively. A copy of the FCC NEPA report will be provided to Optima Towers for their records. Submittal of a copy of the report to the FCC is not required at this time. Thank you for the opportunity to be of service. Please contact us with any questions. Sincerely, �.Salt,4 Principal Scientist Board of Commissioners - August 1, 2016 ENVJ R ON"Mf:hTA1.CC)itC >()RATION ITEM:11 -23 -1 4rl.ntn rA ale, 1 11 �,,, I ;,.., ...,, ,:. r•e;,