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Agenda 2018 01-08AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301 Wilmington, NC WOODYWHITE, CHAIRMAN - SKIP WATKINS, VICE- CHAIRMAN JONATHAN BARFIELD, JR., COMv1SSIONER - PATRICIAKUSEK, COMv1SSIONER - ROB ZAPPLE, COMASSIONER :HRIS COUDRIET, COUNTY MANAGER - WANDACOPLEY COUNTYATTORNEY- KYM CROWELL, CLERK TO THE BOARD JANUARY 8, 2018 4:00 PM MEETING CALLED TO ORDER (Chairman Woody White) INVOCATION (Reverend Daniel F. Lewis, First Presbyterian Church) PLEDGE OF ALLEGIANCE (Commissioner Jonathan Barfield, Jr.) APPROVAL OF CONSENTAGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. First Reading: Approval of Solid Waste Franchise for Big D Recycling, LLC 3. Appointments of Commissioners to Various Boards and Committees ESTIMATED REGULAR AGENDA ITEMS OF BUSINESS MI NUTES 4. NOTE: This item is postponed until a later date. Consideration of a Resolution to Congratulate New Hanover High School Wildcats for Winning the School's Fifth NCHSAA State Football Championship 10 5. Consideration of a Resolution Authorizing the Negotiation of an Installment Financing Contract for the Ogden Fire Station Replacement and Pine Valley Library, Directing the Publication of Notice with Respect Thereto, and Providing for Certain Other Related Matters Thereto 10 6. Consideration of the Award of Bid for the Construction of Landfill Cell 7 40 7. Public Hearing Rezoning Request (Z17 -12) — Request by Design Solutions on Behalf of the Property Owner, ACI Pine Ridge, LLC, to Rezone 3.45 Acres Located at 168 & 178 Porters Neck Road from B -1, Business District, and B -2, Highway Business District, to (CZD) B -2, Conditional Highway Business District, in Order to Develop a Hotel PUBLIC COMMENTS ON NON - AGENDA ITEMS (limit three minutes) ESTIMATED ADDITIONAL AGENDA ITEMS OF BUSINESS Board of Commissioners - January 8, 2018 MI NUTES 8. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 9. 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 - January 8, 2018 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 8, 2018 CONFNr DFPARTMENE Governing Body PRESEVIMS): Kym Crowell, Clerk to the Board CONrACT(S): Kym Crowell SUBJECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the following meetings: Agenda Review Meeting held on December 14, 2017 Regular Meeting held on December 18, 2017 STRATEGIC PLAN ALICNINENE Superior Public Health, Safety and Education • Keep the public informed on important information RECONr*UNDED MOTION AND REQUESTED ACTION: Approve minutes. COUNTY MANAMVS CONAMVIS AND RECOMMENDATIONS: (only Manager) CONANSSIONERS' ACTION: Approved 5 -0. Board of Commissioners - January 8, 2018 ITEM: 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 8, 2018 COMENr DEPARTMFNE County Attorney PRESENIFR(S): Kemp Burpeau, Deputy County Attorney CONrACT(S): Kemp Burpeau SUBJECT: First Reading: Approval of Solid Waste Franchise for Big D Recycling, LLC BRIEF SUMMARY: New Hanover County requires a County issued franchise to collect solid waste. Pursuant to Section 44.55, the applicant has provided information about his business organization, equipment, personnel and fiscal responsibility. The Environmental Management Director and the Chief Financial Officer have no objections to the franchise request. The initial franchise period would run for seven years. STRATEGIC PLAN ALICNNEM: RECOIVAWOED MOTION AND REQMTE1) ACTIONS: Recommend approval. ATTACT AIMS: Franchise Docs COUNIY MANACMr'S CONAIIEVTS AND RECOMAEMATIONS: (only Manager) Recommend approval. CONVIISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - January 8, 2018 ITEM: 2 Big D Recycling, LLC P.Q. Box 862 Tabor City, NC 28463 843 340 -8820 November 24, 2017 Kemp Burpeau, County Attorney New Hanover County 230 Government Center Drive, Wilmington, NC 28403 Dear Attorney Burpeau, This letter is in regards to Big D Recycling, LLC applying for a franchise to collect solid waste /debris in New Hanover County. We have been in business for approximately 12 years and specialize in Construction Debris Removal and Erosion Control with the biggest part of our business being removing debris from new construction sites and disposing of such debris. We started out working for one builder in 2005 and our business has grown over the years to include such builders as Bill Clark Homes, H &H Homes, McKee Homes, Pyramid and several other small builders. We pride ourselves in our work and have grown our business based on our solid reputation and service to our customers. Please see the attached list of equipment that we own that is used in the debris removal portion of our business. We have no plans to purchase any additional equipment at this time unless any of the above needs to be replaced or to maintain growth of our business. Thank you for your consideration and help in this matter and please let me know if you need additional information or have any questions. Yours very truly, K rain er Member /Bookkeeper Board of Commissioners - January 8, 2018 ITEM: 2 - 1 - 1 Big D Recycling LLC List of Debris Removal Equipment for New Hanover County Attorney # Year Description 1 2006 Ford F550 Truck 1 2011 Ford F350 Truck 1 2015 Ford F250 Truck 1 2016 Ford F250 Truck 1 2016 Ford F350 Truck 1 2006 G M C 2500 HD 1 2016 U -Dump Roll Off Trailer 45 U -Dump 16 yard roll -off dumpsters 4 Big Tex 8X20 Dump Trailers 2 Equipment Trailers 1 2014 Bobcat 590 Skid Steer 1 2016 Bobcat 590 Skid Steer Board of Commissioners - January 8, 2018 ITEM: 2 - 1 - 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 8, 2018 COMENr DEPARTMENT Governing Body PRESENTER(S): Chairman White CONrACT(S): Kym Crowell, Clerk to the Board SUBJECT: Appointments of Commissioners to Various Boards and Committees BRIEF SUMMARY: Attached is a listing of the Commissioners who currently serve or served on various boards and committees in 2017 for your review and consideration for 2018. STRAIMC PLAN ALIGNN VT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMl*NMED MOTION AND REQUESTID ACTIONS: Make appointments for 2018. ATTACFIlVI NIS: 2018 Commissioner Board & Committee Appointments COUNTY MANAGER'S CORM ENIS AND RECONIlVEMATIONS: (only Manager) Make appointments. CONMSSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - January 8, 2018 ITEM: 3 NEW HANOVER COUNTY COMMISSIONER APPOINTMENTS TO BOARDS AND COMMITTEES Board /Committee 2017 2018 (Designated for Commissioner Representative Airlie Gardens Foundation Board of Directors Vice - Chairman Watkins Vice - Chairman Watkins Cape Fear Community College Long -Range Chairman White Chairman White Planning Committee (designated for commissioner) Cape Fear Council of Governments Executive Commissioner Barfield Commissioner Barfield Committee Cape Fear Museum Advisory Board Commissioner Zapple Chairman White Cape Fear Public Transportation Authority /WAVE Transit Commissioner Barfield Commissioner Barfield (WAVE representative on the MPO /TAC) Legion Stadium Commission Vice - Chairman Watkins Vice - Chairman Watkins Legion Stadium Commission Chairman White Commissioner Zapple Local Emergency Planning Committee Commissioner Kusek Commissioner Kusek Lower Cape Fear River Program Advisory Board Commissioner Zapple Commissioner Zapple New Hanover County Board of Health Commissioner Zapple Commissioner Zapple New Hanover County Financing Corporation, Inc. Chairman White Chairman White New Hanover County Tourism Development Authority Commissioner Kusek Commissioner Kusek New Hanover Regional Medical Center Board of Vice - Chairman Watkins Vice - Chairman Watkins Trustees NC -506 Continuum of Care Advisory Board Commissioner /County Commissioner /County (formerly Ten Year Plan to End Homelessness) Manager Designee Manager Designee Parks Conservancy Board of Directors Commissioner Zapple Commissioner Zapple Smart Start of New Hanover County Commissioner Zapple Commissioner Zapple Southeastern Partnership Inc. /Economic Development Chairman White Chairman White Trillium Health Resources — Southern Regional Advisory Commissioner Zapple Commissioner Kusek Board Wilmington Business Development Commissioner Kusek Commissioner Kusek Wilmington Chamber of Commerce Chairman White Chairman White Wilmington Downtown Inc. Commissioner Zapple Commissioner Zapple Wilmington /New Hanover Port, Waterway & Beach Commissioner Kusek Commissioner Kusek Commission Wilmington Regional Film Commission Commissioner Barfield Commissioner Barfield Wilmington Urban Area Metropolitan Planning Vice - Chairman Watkins Vice - Chairman Watkins Organization — Transportation Advisory Committee Boards /Committees with Terms: Cape Fear Community College Board of Trustees Chairman White Chairman White (At -Large 4 -Year Term Expiring 6/30/21) Cape Fear Public Utility Authority Vice - Chairman Watkins Vice - Chairman Watkins (3 -Year Term Expiring 6/30/18) Cape Fear Public Utility Authority Commissioner Kusek Commissioner Kusek (3 -Year Term Expiring 6/30/18) Lower Cape Fear Water & Sewer Authority Vice - Chairman Watkins Vice - Chairman Watkins (At-Large 3 Year Term Expiring 5/31/18 New Hanover County Board of Social Services Commissioner Barfield Commissioner Barfield (At -Large 3 -Year Term Expiring 6/30/19) Southeastern Economic Development Commission Chairman White Chairman White (At -Large 4 -Year Term Expiring 1--MIA '2019 ITEM: 3 -1 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 8, 2018 DEPARTMENT Governing Body PRESFNIFR(S): Commissioner Barfield CONI'ACT(S): Chris Coudriet, County Manager SUBJECT: NOTE: This item is postponed until a later date. Consideration of a Resolution to Congratulate New Hanover High School Wildcats for Winning the School's Fifth NCHSAA State Football Championship BRIEF SUMMARY: New Hanover High School defeated A. C. Reynolds on December 9, 2017, winning their first state championship since 1983. A resolution of congratulations has been prepared for consideration. STRATEGIC PLAN ALICNINIENE Superior Public Health, Safety and Education • Keep the public informed on important information RECOIVr*UNDED MOTION AND REQUESTED ACTION: Adopt the resolution. ATTACI]IN9INIS: New Hanover Wildcats Resolution COUNTY MANA("S CONAW;IS AND RECONINIENDATION: (only Manager) Recommend approval. Board of Commissioners - January 8, 2018 ITEM: 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION TO CONGRATULATE NEW HANOVER WILDCATS ON THE 3AA STATE FOOTBALL CHAMPIONSHIP WHEREAS, New Hanover High School Wildcats won the 3AA State Football Championship on December 9, 2017; and WHEREAS, this marks the fifth state title for New Hanover and the first since 1983; and WHEREAS, New Hanover Wildcats also won championships in 1927, 1928 and 1951; and WHEREAS, Wiz Vaughn was the Championship MVP; and WHEREAS, Blake Walston was New Hanover's Most Outstanding Offensive Player; and WHEREAS, Francis Meehan was New Hanover's Most Outstanding Defensive Player; and WHEREAS, every team member is recognized for their role in the championship. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners congratulates the coaches and the New Hanover High School Football Team on a successful season and the honor they bring to both New Hanover High School and the citizens of New Hanover County. ADOPTED this the 8th day of January, 2018. NEW HANOVER COUNTY Woody White, Chairman ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - January 8, 2018 ITEM: 4 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 8, 2018 DEPARTMENT Finance PRESEWER(S): Lisa Wurtzbacher, Chief Financial Officer CONrACT(S): Lisa Wurtzbacher and Martha Wayne, Deputy Chief Financial Officer SUBJECT: Consideration of a Resolution Authorizing the Negotiation of an Installment Financing Contract for the Ogden Fire Station Replacement and Pine Valley Library, Directing the Publication of Notice with Respect Thereto, and Providing for Certain Other Related Matters Thereto BRIEF SUMMARY: The County is scheduled to borrow funds in fiscal year 2018 for two capital projects already approved by the Board. Both the Ogden Fire Station Replacement Capital Project and the Pine Valley Library Capital Project are budgeted to be funded through loan proceeds. The budget for the Ogden Fire Station Replacement is $5,290,580 and was budgeted to be fully funded through loan proceeds. Of this amount, $650,000 has already been borrowed for the land where the previous fire station was. The outstanding amount of this loan will be combined with the new loan. Groundbreaking on this project was July 31, 2017. The capital project budget for Pine Valley Library is $6,267,035, of which $3,958,591 is budgeted to be funded through loan proceeds. Groundbreaking for the Pine Valley Library was November 29, 2017. The proposed financing is for a total of $9,150,000 for a term not to exceed 15 years. Because the installment financing will involve real property, the County must submit an application and obtain approval from the NC Local Government Commission. Further, since the project involves real property, the Board must also hold a public hearing related to the borrowing. Staff is requesting the Board to direct staff to publish a public notice to hold the public hearing January 22, 2018. The attached resolution approves needed actions to move forward with the financing. STRATMC PLAN ALI(2 VENF Effective County Management • Deliver value for taxpayer money RECONP&MED MOTION AND REQUESTED ACTIOM: Board of Commissioners - January 8, 2018 ITEM: 5 Amount Required Pine Valley Library 3,958,591 Ogden Fire Station Replacement 4,640,580 Outstanding on Ogden Fire Station Land 461,127 Estimated Closing Costs /Other Fees 89,702 Total $9,150,000 The proposed financing is for a total of $9,150,000 for a term not to exceed 15 years. Because the installment financing will involve real property, the County must submit an application and obtain approval from the NC Local Government Commission. Further, since the project involves real property, the Board must also hold a public hearing related to the borrowing. Staff is requesting the Board to direct staff to publish a public notice to hold the public hearing January 22, 2018. The attached resolution approves needed actions to move forward with the financing. STRATMC PLAN ALI(2 VENF Effective County Management • Deliver value for taxpayer money RECONP&MED MOTION AND REQUESTED ACTIOM: Board of Commissioners - January 8, 2018 ITEM: 5 Adopt the resolution. ATTACBNHW S: Resolution COUNTY N14MMVS COMMENTS AND RECOI DEMATIONS: (only Manager) Recommend approval. CONMSSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - January 8, 2018 ITEM: 5 RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, AUTHORIZING THE NEGOTIATION OF AN INSTALLMENT FINANCING CONTRACT, DIRECTING THE PUBLICATION OF NOTICE WITH RESPECT THERETO AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS THERETO WHEREAS, the County of New Hanover, North Carolina (the "County") is a validly existing political subdivision, existing as such under and by virtue of the Constitution, statutes and laws of the State of North Carolina (the "State "); WHEREAS, the County has the power, pursuant to the General Statutes of North Carolina to (1) purchase real and personal property, (2) enter into installment purchase contracts in order to finance the purchase of real and personal property used, or to be used, for public purposes, and (3) grant a security interest in some or all of the property purchased to secure repayment of the purchase price; WHEREAS, the Board of Commissioners of the County (the "Board"), determines that it is in the best interest of the County to enter into (a) an installment financing contract (the "Contract ") with a financial institution to be determined, in order to pay the capital costs of (1) acquisition, construction and equipping of the Ogden Fire Station (the "Ogden Fire Station') to house the fire operations, and (2) constructing and equipping the Pine Valley Library (the `Pine Valley Library ") to replace the Myrtle Grove Branch Library (collectively, the "Project ") and (3) to pay the costs related to the execution and delivery of the Contract and (b) a deed of trust, security agreement and fixture filing (the "Deed of Trust') related to the County's fee simple interest in the site of the Ogden Fire Station (the "Site') and the improvements thereon to secure the County's obligations under the Contract; WHEREAS, the County hereby determines that the Project is essential to the County's proper, efficient and economic operation and to the general health and welfare of its citizens; that the financing of the Project will permit the County to carry out public functions that it is authorized by law to perform; and that entering into the Contract and the Deed of Trust are necessary and expedient for the County by virtue of the findings presented herein; WHEREAS, the County hereby determines that the Contract allows the County to purchase the Project and take title thereto at a favorable interest rate currently available in the financial marketplace and on terms advantageous to the County; WHEREAS, the County hereby determines that the estimated cost of the portion of the Project that the County intends to finance is an amount not to exceed $9,150,000 and that such cost of the Project exceeds the amount that can be prudently raised from currently available appropriations, unappropriated fund balances and non -voted bonds that could be issued by the County in the current fiscal year pursuant to Article V, Section 4 of the Constitution of the State; WHEREAS, although the cost of financing the Project pursuant to the Contract is expected to exceed the cost of financing the Project pursuant to a bond financing for the same undertaking, the County hereby determines that the cost of financing the Project pursuant to the Contract and the Deed of Trust and the obligations of the County thereunder are preferable to a general obligation bond financing or revenue bond financing for several reasons, including but not limited to the following: (1) the cost of a special election necessary to approve a general obligation bond financing, as required by the laws of the State, would result in the expenditure of significant funds; (2) the time required for a general obligation bond election would cause an unnecessary delay which would thereby decrease the financial benefits of the Project; and (3) revenues produced by the Project are insufficient to permit a revenue bond financing; Board of Commissioners - January 8, 2018 ITEM: 5 - 1 - 1 WHEREAS, the County has determined and hereby determines that the estimated cost of financing the Project pursuant to the Contract reasonably compares with an estimate of similar costs under a general obligation bond financing for the same undertaking as a result of the findings delineated in the above preambles; WHEREAS, the County does not anticipate a future property tax increase to pay installment payments falling due under the Contract; WHEREAS, the sums to fall due under the Contract will be adequate but not excessive for its purpose; WHEREAS, Parker Poe Adams & Bernstein LLP, as special counsel, will render an opinion to the effect that entering into the Contract and the transactions contemplated thereby are authorized by law; WHEREAS, no deficiency judgment may be rendered against the County in any action for its breach of the Contract, and the taxing power of the County is not and may not be pledged in any way directly or indirectly or contingently to secure any moneys due under the Contract; WHEREAS, the County is not in default under any of its debt service obligations; WHEREAS, the County's budget process and Annual Budget Ordinance are in compliance with the Local Government Budget and Fiscal Control Act; WHEREAS, past audit reports of the County indicate that its debt management and contract obligation payment policies have been carried out in strict compliance with the law, and the County has not been censured by the North Carolina Local Government Commission (the "LGC "), external auditors or any other regulatory agencies in connection with such debt management and contract obligation payment policies; WHEREAS, a public hearing on the Contract after publication of a notice with respect to such public hearing must be held and approval of the LGC with respect to entering the Contract must be received; and WHEREAS, the County hereby determines that all findings, conclusions and determinations of the County in this Resolution are subject to modification or affirmation after all interested parties have been afforded the opportunity to present their comments at a public hearing regarding the execution and delivery of the Contract and the Deed of Trust and the financing of the Project. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, AS FOLLOWS: Section 1. Authorization to Negotiate Contract. That the County Manager or the Chief Financial Officer, with advice from the County Attorney and Special Counsel, are hereby authorized and directed to proceed and negotiate on behalf of the County the Contract for a principal amount not to exceed $9,150,000, for the financing of the Project, to be entered into in accordance with the provisions of Section 160A -20 of the General Statutes of North Carolina and to provide in connection with the Contract, as security for the County's obligations thereunder, the Deed of Trust conveying a lien and interest in the Site and the improvements thereon, as may be required by the entity, or its assigns, providing the funds to the County under the Contract. Board of Commissioners - January 8, 2018 ITEM: 5 - 1 - 2 Section 2. Application to LGC. That the Chief Financial Officer or her designee is hereby directed to file with the LGC an application for its approval of the Contract and all relevant transactions contemplated thereby on a form prescribed by the LGC and to state in such application such facts and to attach thereto such exhibits regarding the County and its financial condition as may be required by the LGC. Section 3. Direction to Retain Special Counsel. That the County Manager and the Chief Financial Officer, with advice from the County Attorney, are hereby authorized and directed to retain the assistance of Parker Poe Adams & Bernstein LLP, Raleigh, North Carolina, as special counsel. Section 4. Public Hearing. That a public hearing (the "Public Hearing") shall be conducted by the Board on January 22, 2018 at 9:00 am in the Assembly Room, New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina, concerning the Contract, the Deed of Trust, the proposed Project and any other transactions contemplated therein and associated therewith. Section 5. Notice of Public Hearing. That the Clerk to the Board is hereby directed to cause a notice of the Public Hearing, in the form attached hereto as Exhibit A, to be published once in a qualified newspaper of general circulation within the County no fewer than 10 days prior to the Public Hearing. Section 6. Repealer. That all motions, orders, resolutions and parts thereof in conflict herewith are hereby repealed. Section 7. Effective Date. That this Resolution is effective on the date of its adoption. Read, approved and adopted this 8' day of January, 2018. Clerk to the Board APPROVED AS TO FORM: County Attorney BY: Chairman of the Board of Commissioners Board of Commissioners - January 8, 2018 ITEM: 5 - 1 - 3 EXHIBIT A NOTICE OF PUBLIC HEARING At its January 8, 2018 meeting, the Board of Commissioners (the "Board') of the County of New Hanover, North Carolina (the "County") adopted a resolution which: 1. Authorized the County to proceed to pay the capital costs of (1) acquisitioin, construction, and equipping of the Ogden Fire Station (the "Ogden Fire Station ") to house the fire operations, and (2) constructing and equipping the Pine Valley Library (the "Pine Valley Library ") to replace the Myrtle Grove Branch Library (collectively, the "Project'), pursuant to an installment financing contract (the "Contract"), in a principal amount not to exceed $9,150,000 under which the County will make certain installment payments, in order to make the Project available to the County; 2. Authorized the County to proceed to provide, in connection with the Contract, as grantor, a deed of trust, security agreement and fixture filing (the `Deed of Trust ") under which the County's interest in the real property on which the Ogden Fire Station is located and the improvements thereon (the "Mortgaged Property"), will be mortgaged by the County to create a lien thereon for the benefit of the entity, or its assigns, providing the funds to the County under the Contract. The Ogden Fire Station is located at 7375 Market Street, Wilmington, North Carolina. On payment by the County of all installment payments due under the Contract, the Deed of Trust and any lien created thereunder will terminate and the County's title to the Mortgaged Property will be unencumbered. NOTICE IS HEREBY GIVEN, pursuant to Sections 160A -20 of the General Statutes of North Carolina, that on January 22, 2018 at 9:00 a.m. in the Assembly Room, New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina, a public hearing will be conducted concerning the approval of the execution and delivery of the Contract and the Deed of Trust and the County's financing of the Project. All interested parties are invited to present comments at the public hearing regarding the execution and delivery of the Contract and the Project to be financed thereby. Published: /s/ KYMBERLEIGH G. CROWELL Clerk to the Board of Commissioners County of New Hanover, North Carolina Board of Commissioners - January 8, 2018 ITEM: 5 - 1 - 4 STATE OF NORTH CAROLINA ss: COUNTY OF NEw HANOVER I, Kymberleigh G. Crowell, Clerk to the Board of Commissioners of the County of New Hanover, North Carolina, DO HEREBY CERTIFY that the foregoing is a true and exact copy of a resolution entitled RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, AUTHORIZING THE NEGOTIATION OF AN INSTALLMENT FINANCING CONTRACT, DIRECTING THE PUBLICATION OF NOTICE WITH RESPECT THERETO AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS THERETO" adopted by the Board of Commissioners of the County of New Hanover, North Carolina, at a meeting held on the 8th day of January, 2018. WITNESS my hand and the corporate seal of the County of New Hanover, North Carolina, this the _th day of January, 2018. KYMBERLEIGH G. CROWELL Clerk to the Board of Commissioners County of New Hanover, North Carolina Board of Commissioners - January 8, 2018 ITEM: 5 - 1 - 5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 8, 2018 DEPARTMENT Environmental Management PRESENTER(S): Joe Suleyman, Environmental Management Director CONI'ACT(S): Joe Suleyman J�Yi l Consideration of the Award of Bid for the Construction of Landfill Cell 7 BRIEF SUMMARY: A bid opening was held on December 12, 2017, for the construction of landfill Cell 7 and an alternate for the construction of landfill cell 8A. A total of six (6) qualified bids were received and opened. A summary of the bids is included in the attached Resolution Authorizing a Contract for the Construction of Landfill Cell 7. The attached bidder qualification review letter was received from SCS Engineers, the consulting firm assisting with the bid evaluation. The capital project ordinance for the Landfill Southern Property Construction was adopted on June 19, 2017. The fiscal year 2018 adopted budget included funds in the amount of $4,192,000 for the construction of Cell 7. The lowest responsible bidder for the bid is Wells Brothers Construction, at a base bid amount of $3,688,943.07 for Cell 7. An alternate bid amount of $1,440,450.50 for Cell 8A was included with this bid, the inclusion of which would result in a total bid amount of $5,129,393.57. Staff recommends award of the contract for Cell 7 Construction at a contract cost of $3,688,943.07 using the funds included in the adopted budget for FYI 7-18. STRATEGIC PLAN ALIGNMIENI: Intelligent Growth and Economic Development • Implement plans for land use, economic development, infrastructure and environmental programs RECONWEMED MOTION AND REQUESTEI) ACTIONS: Adopt the resolution for award of the contract in the amount of $3,688,943.07 to Wells Construction Company, the lowest responsible bidder. ATTACENINTS: Resolution SCS Bidder Qualification Review Letter COUNTY MANA, �S COAMIAVIS AND RECONWI©VDATiONS: (only Manager) Board of Commissioners - January 8, 2018 ITEM: 6 Recommend approval. CONMSSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - January 8, 2018 ITEM: 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION AUTHORIZING A CONTRACT FOR THE CONSTRUCTION OF LANDFILL CELL 7 WHEREAS, after due advertisement, bids were recorded by the Finance Department at 2:00 p.m. on the 12th day of December, 2017, at the New Hanover County Environmental Management Department offices, 3002 U.S. Highway 421 N., Wilmington, North Carolina; and six (6) bids were received from qualified bidders; and WHEREAS, the bid tabulation shown for the six (6) qualified bidders includes the cost of the Construction of Landfill Cell 7 and the cost of the alternate for Construction of Landfill Cell 8A; and Bidder Base Bid Amount for Cell 7 Alternate Bid Amount for Cell 8A Total Bid Amount including Alternate for 8A Atlantis Commercial $4,288,143.35 $1,673,756.00 $5,961,899.35 ES &J Enterprises, Inc.. $4,229,782.40 $1,572,978.50 $5,802,760.90 Sargent Corporation $4,807,034.80 $1,807,218.50 $6,614,253.30 Shamrock Construction Co. $4,314,414.60 $1,633,556.00 $5,947,970.60 T &K Construction $4,847,878.90 $1,837,293.25 $6,685,172.15 Wells Brothers Construction $3,688,943.07 $1,440,450.50 $5,129,393.57 WHEREAS, of these six (6) qualified bidders, Wells Construction Company submitted the lowest responsible bid for the Construction of Landfill Cell 7 in the amount of $3,688,943.07; and WHEREAS, a bid evaluation was completed by SCS Engineers P.C., determining that Wells Construction Company met the criteria for minimum experience as set forth in Section 00100 INVITATION TO BID; and WHEREAS, funds for this project are available in the fiscal year 2018 adopted budget for the Environmental Management Enterprise Fund. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners hereby authorizes the award of the Construction of Landfill Cell 7 to Wells Construction Company, and that the County is hereby authorized and directed to negotiate and execute a contract, the form of which shall be approved by the County Attorney. ADOPTED this the 8th day of January, 2018. NEW HANOVER COUNTY Woody White, Chairman ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - January 8, 2018 ITEM: 6 - 1 - 1 Environmental Consultants 407 514 -2766 and Contractors 5850 S Semoran Blvd FAX 407 514 -2604 Orlando, FL 32822 www.scsengineers.com December 15, 2017 File No. 09208002.26 Mr. Joe Suleyman 3002 US Highway 421 North Wilmington, NC 28401 Subject: Bidder Qualification Review Construction of Landfill Cell 7 and 8A New Hanover County, NC Bid No. 18 -0117 Dear Mr. Suleyman: SCS Engineers, PC, (SCS) reviewed the accepted bids for New Hanover County Construction of Landfill Cell 7 and 8A in order to determine if the bidders demonstrated that they possess the required experience to bid on this project. Section 00100 INVITATION TO BID of the bid documents defines the minimum experience required by the bidders as: 1. Bidders must be licensed contractors in the State of North Carolina at the time proposals are submitted. 2. The firm or corporation bidding must demonstrate contracting experience in projects that included liner installation components with a total of at least 10 acres installed within the last ten years from the date of advertisement for this project. 3. The Bidder must include in the bid submittal documentation from the major material suppliers (liners, geocomposites, textiles, pipe, structures, etc) that the prime or sub contractor responsible for paying the supplier for the material is not in arrears on payments for purchases of materials on other projects. SCS's evaluation began with our review of the bids from the two lowest bidders, Wells Brothers Construction (Wells) and ES &J Enterprises, Inc. (ES &J). SCS contacted references listed by the firms and also made independent calls to others for additional confirmation. Wells listed National Lining Systems as the installer who will be the agent for acquiring the majority of the liner materials. National Lining included a letter from the liner supplier noting that they are in good standing with no past due concerns. No other suppliers were listed. ES &J provided letters from Hallaton, their liner installer, and Lee Supply Company noting no issues with payments from ES &J. No other suppliers were listed. Board of Commissioners - January 8, 2018 ITEM: 6 - 2 - 1 Mr. Joe Suleyman December 15, 2017 Page 2 SCS reviewed the bid value calculations of each of the firms and concur that the sum of the individual line items listed on both of their bids equal the totals for each project. Wells Brothers Construction is the apparent low bidder based on the bid values submitted and concur that the sums noted on their bid forms are appropriately computed. Based on this information, SCS would propose to award the contract to Wells Brothers Construction. Please feel free to call if you have questions or require additional information. Sincerely, C. Ed Hilton, P.E. Ian U. Spurlock, P.E. Vice President Project Professional SCS ENGINEERS, PC SCS ENGINEERS, PC cc: Joe Suleyman, New Hanover County Environmental Management Attachments Board of Commissioners - January 8, 2018 ITEM: 6 - 2 - 2 Mr. Joe Suleyman December 15, 2017 Page 3 ATTACHMENT A Bid Tabulation Sheet Board of Commissioners - January 8, 2018 ITEM: 6 - 2 - 3 BID TABULATION NEW HANOVER COUNTY SECURE LANDFILL CELL 7 with ADD ALTERNATE BID FOR CELL 8A Date: 1211212017 Time: 2:00 PM Representing New Hanover County at Bid opening: Sam Hawes, Lena Butler, Board of Commissioners - January 8, 2018 ITEM: 6 - 2 - 4 County NC Contractors Bid Signed Addendum (2) Base Alternate Combined Base +Alternate Name of Company Pre qualification License Bond Bid Acknowledged Bid Bid Bid yes /no yes /no yes /no yes /no yes /no Amount Amount Amount ATLANTIS COMMERCIAL yes 75273 yes yes yes $ 4,288,143.35 $ 1,673,756.00 $ 5,961,899.35 ES & J yes 28994 yes yes yes $ 4,229,782.40 $ 1,572,978.50 $ 5,802,760.90 SARGENT yes 65779 yes yes yes $ 4,807,034.80 $ 1,807,218.50 $ 6,614,253.30 SHAMROCK yes 47512 yes yes yes $ 4,314,414.60 $ 1,633,556.00 $ 5,947,970.60 T & K yes 55999 yes yes yes $ 4,847,878.90 $ 1,837,293.25 $ 61685,172.15 WELLS BROTHERS yes 46096 yes yes yes $ 3,688,943.07 $ 1,440,450.50 $ 5,129,393.57 Representing New Hanover County at Bid opening: Sam Hawes, Lena Butler, Board of Commissioners - January 8, 2018 ITEM: 6 - 2 - 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 8, 2018 DEPARTMENT Planning PRESENIMS): Current Planner Brad Schuler (Planning Board Rep: Donna Girardot) CONTACT(S): Brad Schuler; Ben Andrea, Current Planning & Zoning Supervisor; Planning Manager Ken Vafier; and Planning & Land Use Director Wayne Clark SUBJECT: Public Hearing Rezoning Request (Z17 -12) — Request by Design Solutions on Behalf of the Property Owner, ACI Pine Ridge, LLC, to Rezone 3.45 Acres Located at 168 & 178 Porters Neck Road from B -1, Business District, and B -2, Highway Business District, to (CZD) B -2, Conditional Highway Business District, in Order to Develop a Hotel BRIEF SUMMARY: Design Solutions, on behalf of the property owner, ACI Pine Ridge, LLC, is requesting to rezone 3.45 acres of land located at 168 & 178 Porters Neck Road from B -1 and B -2 to (CZD) B -2 in order to develop a hotel. The property is located in an area of Porters Neck that is used and zoned mostly for commercial development. The application proposes to develop an 86,500 square foot hotel consisting of five stories and 140 rooms. The brand of the hotel has not been determined by the applicant at this time. The current site plan was updated by the applicant on December 27, 2017 in order to incorporate an existing drainage easement and to comply with the restrictive covenants of the Porters Neck Crossing development. This modification was made after the Planning Board considered the application at their December ' h meeting. The previous site plan proposed a 138,000 square foot hotel consisting of six stories and 150 rooms. Both site plans are included in the staff summary. Staff was able to accommodate the applicant's request to modify the site plan without returning the item to the Planning Board for consideration as the change reduces the overall scale of the proposal, which is considered to be a minor modification in the Zoning Ordinance. The applicant has provided trip generation numbers for the proposed development. Those numbers illustrate that the proposal will not generate more than 100 peak hour trips and therefore, a Traffic Impact Analysis (TIA) was not required to be completed. A summary is included in the staff report listing the transportation improvement projects planned for the area and nearby developments that have completed a TIA within the last five years. The 2016 Comprehensive Land Use Plan classifies the subject property as Urban Mixed Use. This Place Type promotes development of a mix of residential, office, and retail uses at higher densities. Types of uses encouraged include office, retail, mixed use, small recreation, commercial, institutional, single - family, and multi - family residential. Overall, the proposed hotel is CONSISTENT with the Urban Mixed Use place type. It provides a Board of Commissioners - January 8, 2018 ITEM: 7 commercial service in a proposed mixed use growth node at a scale aligned with Comprehensive Plan guidelines of 2 -7 stories in height. The site design includes multi -modal components, namely a sidewalk that will provide pedestrian access to adjacent properties that will benefit future visitors staying at the hotel and patrons of existing and planned businesses. The Planning Board considered this application at their December 7, 2017 meeting. At the meeting, no one from the public spoke in favor of, or in opposition to the application. The Planning Board discussed the design of the hotel and site, and the transportation improvements planned for the area. The current site plan was updated by the applicant on December 27, 2017, in order to incorporate an existing drainage easement and to comply with the restrictive covenants of the Porters Neck Crossing development. This modification was made after the Planning Board considered the application at their December ' h meeting. The previous site plan proposed a 138,000 square foot hotel consisting of six stories and 150 rooms. Both site plans are included in the staff summary. The Planning Board recommended approval (7 -0) of the application, finding that it is: 1. Consistent with the purposes and intent of the 2016 Comprehensive Plan because the proposed development provides a commercial service in a proposed mixed use growth node at a scale aligned with comprehensive plan guidelines of 2 -7 stories in height. 2. Reasonable and in the public interest because the proposed development will provide pedestrian access to adjacent properties that will benefit future visitors staying at the hotel and patrons of existing and planned businesses. The Planning Board recommended the following conditions be added to the development: 1. The building cannot exceed 80 feet in height. The height shall be measured from the average grade to the highest point of the building, including parapet walls. 2. A connection for future parking lot cross - access shall be provided to the adjoining land northeast of the proposed development. The connection shall be constructed to the property line. 3. A five- foot -wide sidewalk shall be installed along both frontages of Porters Neck Road. The sidewalk shall be open for public use and connect to the interior parking area of the hotel. 4. Access to the individual hotel rooms shall be provided by an interior building corridor. STRATEGIC PLAN ALIGNNM'l : 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 RECONAII MED MOTION AND REQUESTED ACTIOM: Staff recommends approval of the application as stated in the Planning Board's action. Staff concurs with the Planning Board's statements that the application is consistent with the Comprehensive Plan and is reasonable and in the public interest. Staff also recommends that the first condition be modified to reflect the updated site plan, which proposes a hotel with fewer stories. Specifically, the condition should read as follows: 1. The building cannot exceed70 feet in height. The height shall be measured from the average grade to the highest point of the building, including parapet walls. Board of Commissioners - January 8, 2018 ITEM: 7 Staff suggests the following motion: Motion to approve, affirming the Planning Board's statements that the application is consistent with the Comprehensive Plan and is reasonable and in the public interest, with the conditions recommended by staff. Alternative Motion for Approval/Denial: Motion to [Approve /Deny], as the Board finds that this application is: 1. [Consistent/Not Consistent] with the purposes and intent of the 2016 Comprehensive Plan because [Describe elements of controlling land use plans and how the amendment is or is not consistent]. 2. [Reasonable/Not Reasonable] and in the public interest because Briefly explain why. Factors may include public health and safety, character of the area and relationship of uses, Wplicable plans, or balancing benefits and detriments]. Conditions: [List any agreed upon conditions] ATTACHNIDWIIB: Z17 -12 Script for BOC Z17 -12 Staff Summary BOC Z17 -12 Neighbor Properties Map Z17 -12 FLUM Map Z17 -12 Zoning Map Application Materials Cover Sheet Z17 -12 Application Package Site Plan Cover Sheet Z17 -12 Proposed Site Plan COUN1Y NIAMMVS CONWIFNIIS AND RECONPAMATIONS: (only Manager) Recommend approval with the conditions recommended by the Planning Board and staff. WCOViu1",11M01y RiITyIWO The item was continued to February 5, 2018 at the request of the petitioner 5 -0. Board of Commissioners - January 8, 2018 ITEM: 7 SCRIPT for Conditional Zoning District Application (Z17 -12) Request by Design Solutions on behalf of the property owner, ACI Pine Ridge, LLC, to rezone 3.45 acres located at 168 & 178 Porters Neck Road from B -1, Business District, and B -2, Highway Business District, to (CZD) B -2, Conditional Highway Business District, in order to develop a hotel. 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 He a. b. C. d. e. wring, as follows: Staff presentation Applicant' s presentation (up to 15 minutes) Opponent's presentation (up to 15 minutes) Applicant's rebuttal (up to 5 minutes) Opponent's rebuttal (up to 5 minutes) 3. Close the public hearing 4. Board discussion 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 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 public interest. Staff Suggested Motion: Motion to approve, affirming the Planning Board's statements that the application is consistent with the Comprehensive Plan and is reasonable and in the public interest, with the conditions recommended by staff. Alternative Motion for Approval /Denial: Motion to [Approve /Deny], as the Board finds that this application is: 1. [Consistent /Not Consistent] with the purposes and intent of the 2016 Comprehensive Plan because [Describe elements of controlling land use plans and how the amendment is or is not consistent]. 2. [Reasonable /Not Reasonable] and in the public interest because [Briefly explain why. Factors may include public health and safety, character of the area and relationship of uses, applicable plans, or balancing benefits and detrimentsl. Conditions: [List any agreed upon conditions] STAFF SUMMARY OF Z17 -12 CONDITIONAL ZONING DISTRICT APPLICATION APPLICATION SUMMARY Case Number: Z17 -12 Request: Rezoning to a Conditional B -2 Zoning District in order to develop a hotel Applicant: Property Owner(s): Cindee Wolf of Design Solutions ACI Pine Ridge, LLC Location: Acreage: 168 & 178 Porters Neck Road 3.45 PID(s): Comp Plan Place Type: R02800- 001 -179 -000; Urban Mixed Use R02800- 001 - 180 -000 Existing Land Use: Proposed Land Use: Undeveloped Hotel Current Zoning: Proposed Zoning: B -1 & B -2 (CZD) B -2 SURROUNDING AREA LAND USE ZONING North Undeveloped, Lowe's Home Improvement B -1, (CUD) B -2 East Shopping center — restaurants, retail, banking B -1 South Shopping center — grocery, restaurants, retail, office B -2 West Undeveloped, retail, multi - family residential B -1, R -15 Z17 -1 2 Staff Summary BOC Board of Commissioners - January 8, 2018 ITEM: 7 - 2 - 1 Page 1 of 9 e, A ' Alk dh � a � P w+ 11t, . • ZONING HISTORY Water /Sewer July 6, 1971 Initially zoned R -15 (Area 5) November 5, A portion of the property rezoned to B -2 (Z -398) 1990 Schools March 13, 2000 A portion of the property rezoned to B -1 (Z -692) September 6, 2005 A portion of the property rezoned to B -1 (Z -806) February 4, 2008 A portion of the property rezoned to B -1 (Z -877) COMMUNITY SERVICES Water /Sewer CFPUA water and sewer services are available Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire Archaeological District, New Hanover County Porters Neck Station Schools Blair Elementary, Eaton Elementary, Holly Shelter Middle, and Laney High Schools Recreation Ogden Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Z17 -1 2 Staff Summary BOC Board of Commissioners - January 8, 2018 ITEM: 7 - 2 - 2 Page 2 of 9 Proposed Site Plan • This application proposes to develop an 86,500 square foot hotel consisting of five stories and 140 rooms. The brand of the hotel has not been determined by the applicant at this time. • The current site plan was updated by the applicant on December 27, 2017 in order to incorporate an existing drainage easement and to comply with the restrictive covenants of the Porters Neck Crossing development. This modification was made after the Planning Board considered the application at their December 7th meeting. The previous site plan proposed a 138,000 square foot hotel consisting of six stories and 150 rooms. Staff was able to accommodate the applicant's request to modify the site plan without returning the item to the Planning Board for consideration as the change reduces the overall scale of the proposal, which is considered to be a minor modification in the Zoning Ordinance. Updated Site Plan Z17 -1 2 Staff Summary BOC Page 3 of 9 Board of Commissioners - January 8, 2018 ITEM: 7 - 2 - 3 o�kc r ngy f \ rA� J 5Fane / \ - perEe>,LLC -- \ r r 4 I q 150.ROOrn ' � a 11oEtl \ � 9 \ / \ ! Porters Neck V CCr�tG�, IrG \ Renuem .d PQ R�dgc,�L C. Condito District Parma. ��t�o� Site Plan Included in the Planning Board's Packet TRANSPORTATION • Access is provided to the subject property by Porters Neck Road (private). Trip Generation LAND USE (ITE Code) INTENSITY AM PEAK PM PEAK Hotel (310) 140 rooms 78 83 • Traffic Impact Analyses are required to be completed for proposals that will generate more than 100 peak hour trips in either the AM or PM peak hours. A TIA is not required for this project due to the projected peak hour trip generation figures. Z17 -12 Staff Summary BOC Page 4 of 9 Board of Commissioners - January 8, 2018 ITEM: 7 - 2 - 4 A TIA was approved in 2007 which included the subject property and surrounding land. That TIA accounted for a 134,000sf Home Improvement Superstore (Lowes), 120,000sf Free Standing Discount Store, and 181,000sf Shopping Center; which all together would generate 1,861 trips in the PM peak. The roadway improvements required as part of that proposal have been installed. Per NCDOT, the proposed hotel will not warrant an update to the TIA, nor require a driveway permit, as the trips generated by the hotel will not exceed the overall trips included in the TIA approved in 2007. Traffic Counts Road Location Volume Capacity V/C LOS Market Street 8200 -8300 Block 46,722 43,700 1.07 F Porters Neck 100 Block 14,234 15,600 0.91 E Road Nearby Planned Transportation Improvements and Traffic Impact Analyses Traffic Impact Analyses Approved Under Review Under Draft J J 7-f—+- NCDOT Project 44238 aravrano`� Market Street Retail Center 4 TIA Approved STIP Project U -4902D Q Wave Bus Stop 5 STIP Projectvp 0 0.25 0.5 Z17 -1 2 Staff Summary BOC 1 Mile Radiu \ °l J or- �` �♦ SF7ACKLS4RD [,4PC�iY1 S�L�y Fo oa �1r SA"L) WAG,, Aldi TIA Approved n��a Amberleicph Shores Phase 2 TIA Approved y' Waterstone TIA Approved y /prj Greenway_Plan Recommendations z Bicycle Lane - Greenway �•� Sharraw Board of Commissioners - January 8, 2018 ITEM: 7 - 2 - 5 Page 5of9 Regional Transportation Plans: • NCDOT Project 44238 o Proposal for roadway improvements at the Market Street /1 -140 interchange. Preliminary plans propose to realign the 1 -140 Market Street exit so that it connects directly into Porters Neck Road, and to widen existing ramps to and from Highway 17. This project is currently unfunded. • The NHC /City of Wilmington Greenway Plan recommends that a greenway network be installed in the surrounding area, including along Market Street and 1 -140. Nearby Traffic Impact Analyses: Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards. Approved analyses will expire if the proposed development is not completed by the build out date established within the TIA. Listed below are projects within a one -mile radius from the subject site that are currently drafting a TIA or have completed a TIA within the last five years. Proposed Land Use /Intensity TIA Status Development • 18,900 square foot discount 1. Aldi at Marsh Oaks • Approved July 6, 2016 supermarket The TIA required improvements be completed at certain intersections in the area. The major improvements consisted of: • Installation of an eastbound right turn lane on Marsh Oaks Drive to a site access Per NCDOT, the improvements required at this time have been installed in accordance with their standards. Nearby Proposed Developments included within the TIA: • US 17 retail — Walmart Shopping Center (accounted for in annual growth rate) Development Status: Completed • TIA Approved November 3, — Phase 2 2. Amberle2 Shores • 288 apartment units 2016 • 2018 Build Out Year The TIA required improvements be completed at certain intersections in the area. The major improvements consist of: • Installation of a southbound left turn lane on Market Street to Marsh Oaks Drive • Installation of an eastbound right turn lane on Marsh Oaks Drive to a site access • Extension of an existing right -turn lane on Market street to serve an existing site access In addition, improvements will be made with STIP Project U -4902D (Market Street median) that will support the traffic generated by the development. Construction of the development and required transportation improvements have not started at this time. Z17 -1 2 Staff Summary BOC Board of Commissioners - January 8, 2018 ITEM: 7 - 2 - 6 Page 6 of 9 Nearby Proposed Developments included within the TIA: • None Development Status: No construction has started at this time 3. Waterstone • 162 Single - Family Homes • TIA approved June 18, 2015 space • 2020 Build Out Year The TIA required improvements be completed at certain intersections in the area. The major improvements consist of: • Installation of a southbound right turn lane on Edgewater Club Road to a site access Construction of the development and required transportation improvements have not been completed at this time. Nearby Proposed Developments included within the TIA: • Porters Neck Elementary School Development Status: Under construction Z17 -1 2 Staff Summary BOC Board of Commissioners - January 8, 2018 ITEM: 7 - 2 - 7 Page 7 of 9 • 245,500 square feet retail space • Drive -in bank with 5 drive - 4. Market Street Retail thru lanes • TIA approved May 2, 2013 Center (Wal -Mart) • 4,000 square feet fast food • 2015 Build Out Year restaurant w/ drive -thru • 4,000 square feet fast food restaurant w/ drive -thru The TIA required improvements be completed at certain intersections in the area. The major improvements consisted of: • Installation of center median on Market Street from Marsh Oaks Drive to site access #1, and continuing the median to the existing concrete median to the north. • Installation of a traffic signal at site access #1 on Market Street. • Installation of multiple turn lanes at the site access points along Market Street. Per NCDOT, the improvements required at this time have been installed in accordance with their standards. Nearby Proposed Developments included within the TIA: • Amberleigh Shores Apartments Development Status: Completed Z17 -1 2 Staff Summary BOC Board of Commissioners - January 8, 2018 ITEM: 7 - 2 - 7 Page 7 of 9 ENVIRONMENTAL • The property does not contain any Special Flood Hazard Areas, wetlands, or Natural Heritage Areas. • The subject property is within the Pages Creek (SA;HQW) watershed. Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist mostly of Class I (suitable /slight Limitation) soils, Class III soils (severe limitation), and Class IV soils (unsuitable). 2016 COMPREHENSIVE LAND USE PLAN I The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County's future land use, as designated by place types describing the character and function of the different types of development that make up the community. Specific goals of the Comprehensive Plan are designated to be promoted in each place type, and other goals may be relevant for particular properties. Future Land Use Map Place Type Urban Mixed Use (and Kirkland /Porters Neck Growth Node) Promotes development of a mix of residential, office, and retail uses at Place Type higher densities. Types of uses encouraged include office, retail, mixed use, Description small recreation, commercial, institutional, single - family, and multi - family residential. Urban Mixed Use areas, especially the three designated growth nodes, are intended to provide a mixture of commercial services and higher density housing at more urban scales. They are also intended to incorporate a multi - Analysis modal transportation network that allows nearby residents and area visitors to walk, bicycle, or use public transportation options. Uses in this area can include commercial services — especially retail, higher density residential, and offices. Taller buildings are more appropriate in these areas of the county. Z17 -1 2 Staff Summary BOC Board of Commissioners - January 8, 2018 ITEM: 7 - 2 - 8 Page 8 of 9 The proposed hotel is CONSISTENT with the Urban Mixed Use place type. It provides a commercial service in a proposed mixed use growth node at a Consistency scale aligned with comprehensive plan guidelines of 2 -7 stories in height. Recommendation The site design includes multi -modal components, namely a sidewalk that will provide pedestrian access to adjacent properties that will benefit future visitors staying at the hotel and patrons of existing and planned businesses. PLANNING BOARD ACTION The Planning Board considered this application at their December 7, 2018 meeting. At the meeting, no one from the public spoke in favor of, or in opposition to the application. The Planning Board discussed the design of the hotel and site, and the transportation improvements planned for the area. The Board recommended approval (7 -0) of the application, finding that it is: 1. Consistent with the purposes and intent of the 2016 Comprehensive Plan because the proposed development provides a commercial service in a proposed mixed use growth node at a scale aligned with comprehensive plan guidelines of 2 -7 stories in height. 2. Reasonable and in the public interest because the proposed development will provide pedestrian access to adjacent properties that will benefit future visitors staying at the hotel and patrons of existing and planned businesses. The Board recommended the following conditions be added to the development: 1. The building cannot exceed 80 feet in height. The height shall be measured from the average grade to the highest point of the building, including parapet walls. 2. A connection for future parking lot cross- access shall be provided to the adjoining land northeast of the proposed development. The connection shall be constructed to the property line. 3. A five - foot -wide sidewalk shall be installed along both frontages of Porters Neck Road. The sidewalk shall be open for public use and connect to the interior parking area of the hotel. 4. Access to the individual hotel rooms shall be provided by an interior building corridor. STAFF RECOMMENDATION Staff recommends approval of the application as stated in the Planning Board's action. Staff concurs with the Planning Board's statements that the application is consistent with the Comprehensive Plan and is reasonable and in the public interest. Staff also recommends that the first condition be modified to reflect the updated site plan, which proposes a hotel with fewer stories. Specifically, the condition should read as follows: 1. The building cannot exceed 70 feet in height. The height shall be measured from the average grade to the highest point of the building, including parapet walls. Z17 -1 2 Staff Summary BOC Board of Commissioners - January 8, 2018 ITEM: 7 - 2 - 9 Page 9 of 9 z Case: Site Address: Request: Existing Zoning/Use: Proposed Zoning/Use: T Z17 -12 100 block Conditional Zoning B -1 & B -2/ (CZD) B -2/ a2 ,. Porters Neck Rd District Undeveloped Hotel Neighboring Parcels (within 500 feet) Case Site PL"ANTATION•RD-----. 8161 • 8151 • 8149 • 8150 • 8141 8140 • • 8131 • 220 8130 • 8127 • • 8132 y 20 t� CA / �- GOGYQ PO e�`J Pty O 750' Feet 175 • 8201 8207 8209 • 183 • 179 • Z17 -12 188 �� n� • \ 195 167 178 • • 165 168 162 163 • • 220 8210 \u/ 8211 8211 221 • • • : 8211 • 8207 8221 820700 8211 I • 821 11 211 8207 8207 8211 • s • 8207 8207 8209 / 8205 8209 of - IT rxel� within 500 Feet of Case Site 8219 • 821s � 8286 • I 8311 •, 8290 • 8262, 8262jr8,62 • 8262 8254 • 8260 8254 8254 r 258 8258 V- F-1 k o`�� ls�q Physical Addresses 211 CYPRESS POND WAY 175 PORTERS NECK RD 220 CYPRESS POND WAY 178 PORTERS NECK RD 221 CYPRESS POND WAY 179 PORTERS NECK RD 200 LOOS ESTRIFE CT 183 PORTERS NECK RD 220 LOOS ESTRIFE CT 188 PORTERS NECK RD 8205 MARKET ST 191 PORTERS NECK RD 8207 MARKET ST 195 PORTERS NECK RD 8209 MARKET ST 8127 RED COCKADED CT 8211 MARKET ST 8130 RED COCKADED CT 8215 MARKET ST 8131 RED COCKADED CT 8219 MARKET ST 8132 RED COCKADED CT 8254 MARKET ST 8140 RED COCKADED CT 8258 MARKET ST 8141 RED COCKADED CT 8260 MARKET ST 8149 RED COCKADED CT 8262 MARKET ST 8150 RED COCKADED CT 8286 MARKET ST 8151 RED COCKADED CT 8290 MARKET ST 8161 RED COCKADED CT 8311 MARKET ST 8201 RED COCKADED CT 162 PORTERS NECK RD 8207 RED COCKADED CT 163 PORTERS NECK RD 8209 RED COCKADED CT 165 PORTERS NECK RD 8210 RED COCKADED CT 167 PORTERS NECK RD 8221 RED COCKADED CT 168 PORTERS NECK RD mW, D) B`2���� B -1 RFO , i Co �qo CUD`B =1 c � R -15 Z17 -12 B =2 j / �O &I o`�� ls�q Physical Addresses 211 CYPRESS POND WAY 175 PORTERS NECK RD 220 CYPRESS POND WAY 178 PORTERS NECK RD 221 CYPRESS POND WAY 179 PORTERS NECK RD 200 LOOS ESTRIFE CT 183 PORTERS NECK RD 220 LOOS ESTRIFE CT 188 PORTERS NECK RD 8205 MARKET ST 191 PORTERS NECK RD 8207 MARKET ST 195 PORTERS NECK RD 8209 MARKET ST 8127 RED COCKADED CT 8211 MARKET ST 8130 RED COCKADED CT 8215 MARKET ST 8131 RED COCKADED CT 8219 MARKET ST 8132 RED COCKADED CT 8254 MARKET ST 8140 RED COCKADED CT 8258 MARKET ST 8141 RED COCKADED CT 8260 MARKET ST 8149 RED COCKADED CT 8262 MARKET ST 8150 RED COCKADED CT 8286 MARKET ST 8151 RED COCKADED CT 8290 MARKET ST 8161 RED COCKADED CT 8311 MARKET ST 8201 RED COCKADED CT 162 PORTERS NECK RD 8207 RED COCKADED CT 163 PORTERS NECK RD 8209 RED COCKADED CT 165 PORTERS NECK RD 8210 RED COCKADED CT 167 PORTERS NECK RD 8221 RED COCKADED CT 168 PORTERS NECK RD I uNTY.N y Case: Z17 -12 z a Site Address: 100 block Porters Neck Rd TAr1oN o„ Y'' -,,,* Request: Conditional Zoning District - y FRY wl_ 750 Feet Board of Commissic hers - Janua 8, 2018 ITEM: 7 - 4 - 1 Existing Zoning/Use: Proposed Zoning/Use: B -1 & B -2/ (CZD) B -2/ Undeveloped Hotel COMMUNITY MIXED USE i Ir f/ Z1 7-12 b - - - POO WI/K �Ia M- C� 0 \ P� �lop Place Types \\ Q Commerce Zone Employment Center General Residential ■ Urban Mixed Use Community Mixed Use Rural Residential Conservation ®� \,. GENERAL \RESIDENTI V SON FY. Case: Site Address: Request: Existing Zoning/Use: Proposed Zoning/Use: 1C �. y r Z17 -12 100 block Conditional Zoning B -1 & B -2/ (CZD) B -2/ Porters Neck Rd District Undeveloped Motel 1 a .l V., R -;15 P1ANT'` -A -T" I ®-A 4 -' 1 !!!!!!!!!!!!!!!!!�!! B -1 Z17 12 !!!!!!!!! ♦!�, " CUDnB -1 ' n F Cy i .op p 6'y Zoning Districts F� A -I EDZD PD R -20S ❑ SC AR 1 -1 R -10 ❑ R -7 ❑� B -1 1 -2 R -15 ❑ RA B -2 ❑ 0&1 R -20 ® RFMU Indicates Conditional Use District (CUD) ❑/� Indicates Conditional Zoning District (CZD) COD See Section 55.1 of the Zoning Ordinance ❑ Incorporated Areas SHOD 4 � -1 APPLICANT MATERIALS Board of Commissioners - January 8, 2018 ITEM: 7 - 6 - 1 NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina Telephone (910) 798 -7165 FAX (910) 798 -7053 planningdevelopment.nhcg ov.com CONDITIONAL ZONING DISTRICT Application Applicant /Agent Information Property Owner(s) If different than Applicant /Agent Name Owner Name CINDEE WOLF ACI PINE RIDGE, LLC Company Owner Name 2 DESIGN SOLUTIONS Address Address PO BOX 7221 P.O. BOX 540 City, State, Zip City, State, Zip WILMINGTON, NC 28406 GREENSBORO, NC 27402 Phone Phone 910- 620 -2374 336- 275 -8586 Email Email CWOLF @LOBODEMAR.BIZ JSANDLIN @SRPNC.COM (JOHN SANDLIN) Subject Property Information Address /Location 168 & 178 PORTERS NECK ROAD Parcel Identification Number(s) 326014.42.9504 & 326015.52.0669 Total Parcel(s) Acreage 3.45 ACRES+/ - Existing Zoning and Use(s) B -1 /VACANT Future Land Use Classification URBAN MIXED USE Application Tracking Information (5taff Onty) Case Number r Date/Time ceived: Received by: ZI -7 -- 17- if Dz zal-7 Page 3 of 7 Board of Commissioners -Cd ,MAEW,a1 29diAg District Application — Updated 5/2017 ITEM: 7 - 7 - 1 Proposed Zoning, Use(s), & Narrative Proposed Conditional Zoning District:_ CZD B -2 _ Total Acreage of Proposed District:_ 3.45 AC. Only uses allowed by right in the corresponding General Use District are eligible for con side ration within a Conditional Zoning District. Please list the uses that will be allowed within the proposed Conditional Zoning District, the purpose of the district, and a project narrative (please provide additional pages if needed). MULTI -STORY (5- FLOOR) / 140 ROOM HOTEL WITH ACCESSORY PARKING & HOSPITALITY AMENITIES THERE IS CURRENTLY NO OVERNIGHT ACCOMODATION FACILITIES IN THE NORTHERN PART OF THE COUNTY. THE PROPOSED LOCATION IS EASILY ACCESSSIBLE FROM MAJOR THOROUGHFARES, AND IS LOCATED IN A MAJOR COMMERCIAL NODE WITH A WEALTH OF OTHER SERVICES ATTRACTIVE TO TRANSIENT TRAVELERS. Proposed Condition(s) Within a Conditional Zoning District, additional conditions and requirements which represent greater restrictions on the development and use of the property than the corresponding General Use District regulations may be added. These conditions may assist in mitigating the impacts the proposed development may have on the surrounding community. Please list any conditions proposed to be placed on the Conditional Zoning District below. Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process. * INSTALL SIDEWALKS ON BOTH ROAD FRONTAGES FOR SAFE & CONVENIENT PEDESTRIAN CIRCULATION. * MAKE CONNECTIONS FROM INTERIOR WALKWAYS TO THOSE PUBLIC SIDEWALKS FOR ACCESS TO SURROUNDING SERVICES. Board of Commissioners - January 8, 2018 Page 4 of 7 ITEM: 7 - 7 - conditional Zoning District Application — Updated 5/2017 Traffic Impact Please provide the estimated number of trips generated forth e proposed use based off the most recent version of the Institute of Transportation Engineers (IT E) Trip Generation Manual. AT raffic Impact Analysis (TIA) must be completed for all proposed developments that generate more than 100 peak hour trips, and the TIA must be included with this application. ITE Land Use: (310) HOTEL Trip Generation Use and Variable (gross floor area, dwelling units, etc.): _140 ROOMS AM Peak Hour Trips: @ 0.56 = 78 PM Peak Hour Trips: @0.59 = 83 CONSIDERATION OF A CONDITIONAL ZONING DISTRICT The Conditional Zoning District procedure 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 and where only a specific use or uses is proposed. The procedure is intended primarily for use with transitions between zoning districts of very dissimilar character where a particular use or uses, with restrictive conditions to safeguard adjacent land uses, can create a more orderly transition benefiting all affected parties and the community -at- large. The applicant must explain, with reference to attached plans (where applicable), how the proposed Conditional Use Zoning District meets the following criteria. 1. How would the requested change be consistent with the County's policies for growth and development? (For example: the Comprehensive Plan and applicable small area plans) POLICIES FOR GROWTH & DEVELOPMENT ENCOURAGE CONTINUED EFFORTS TO ATTRACT AND RETAIN BUSINESSES. A VIBRANT ECONOMY IS BASED ON BUSINESS SUCCESS. INFILL ON VACANT TRACTS THAT ALREADT HAVE ACCESS TO URBAN SERVICES MAXIMIZES THE EFFICIENCY OF LAND USE BY ASSURING THAT THOSE USES ARE IN CLOSE PROXIMITY TO THE MARKETS THEY SERVE. 2. How would the requested Conditional Zoning District be consistent with the property's classification on the Future Land Use Map located within the Comprehensive Plan? THE PLACE -TYPE IS URBAN MIXED -USE. THESE AREAS ARE INTENDED FOR MORE INTENSIVE URBAN DEVELOPMENT. THEY ARE APPROPRIATE FOR VARIED USES. PORTERS NECK CROSSING IS A MAJOR COMMERCIAL NODE WITH DIRECT ACCESS TO MAJOR TRAFFIC CORRIDORS. 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? THE PROPERTY IS IN AN AREA WHICH HAS BECOME NOT ONLY AN EXTENSIVE COMMERCIAL NODE, BUT WHICH HAS ALSO BEEN DEVELOPED WITH HUGE NUMBERS OF RESIDENTIAL PROPERTIES. THERE ARE A MULTITUDE OF SERVICES FOR THESE USERS, BUT CURRENTLY NO OVERNIGHT ACCOMODATION FACILITIES WITHIN THIS AREA OF THE COUNTY. Board of Commissioners - January 8, 2018 Page 5 of 7 ITEM: 7 - 7 - conditional Zoning District Application — Updated 5/2017 APPLICATION REQUIREMENTS Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under "Applicant Initial ". If an item is not applicable, mark as "N /A'. Applications must be complete in order to process for further review. Required Information Applicant Staff Initial Initial 1 Complete Conditional Zoning District application. CAW 2 Application fee — ($600 for 5 acres or less, $700 for more than 5 acres. An additional $300 fee must be provided for applications requiring TRC review). CAW 3 Community meeting written summary. CAW 4 Traffic impact analysis (for uses that generate more than 100 peak hour trips). N/A FjS 5 Legal description (by metes and bounds) or recorded survey Map Book and Page CAW �s reference of the property requested for rezoning. b Site Plan including the following elements: • 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. CAW • 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). 7 1 hard copy of ALL documents AND 8 hard copies of the site plan. Additional hard CAWS copies may be required b staff depending on the size of the document site Ian. 8 1 PDF digital copy of ALL documents AND plans. CAW Page 6 of 7 Board of Commissioners - d8hWi;R9fi$I 29AAg District Application — Updated 5/2017 ITEM: 7 - 7 - 4 ACKNOWLEDGEMENT AND SIGNATURES By my signature below, I understand and accept all of the conditions, limitations and obligations of the Conditional Zoning District zoning for which is being applied. 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. If applicable, I also appoint the applicant /agent as listed on this application to represent me and make decisions on my behalf regarding this application during the review process. The applicant /agent is hereby authorized on my behalf to: 1. Submit an application including all required supplemental information and materials, 2. Appear at public hearings to give representation and commitments; and 3. Act on my behalf without limitations with regard to any and all thingsdirectly or indirectly connected with orarising ou of thi lication. r t1 i'5(0117 JAMES A BLACK, JR. / ACI PINE RIDGE, LLC _ 9 furs of Prop er(s) Frill Narti Nt.)k". r- - \ �4 11i ! o(b A-.> CINDEE WOLF / DESIGN SOLUTIONS Sign ture of AppiicantfAg Print Name NOTE: Form must be signed by the owner(s) of record. If there are multiple property owners a signature is required for each owner of record. If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper (approximately 2 -3 weeks before the hearing), 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 web*e will be required. IS" Page 7 of 7 Board of Commissioners - jCR%4?0I g District Application _.. Updated 5/2017 ITEM: 7 - 7 - 5 or B-1 of Co ITEM: 7 - 7 - 6 0&1 Legal Description for CZD / B -2 Rezoning of Lots 3 & 4 — Porters Neck Crossing Beginning at a point at the southernmost corner of Lot 3 — Porters Neck Crossing, a division recorded among the land records of the New Hanover County Registry in Map Book 53, at Page 308; said point being along the northern boundary of a 40' private right -of -way; and running thence: North 45 057'19" West, 116.20 feet to a point; thence Along a curve to the right, having a Radius of 230.00 feet and Length of 254.25 feet, a Chord of North 14 017'13" West, 241.50 feet to a point; thence North 17 022'53" East, 97.39 feet to a point; thence North 54 055'59" East, 52.81 feet to a point; thence North 54 05559" East, 52.81 feet to a point; thence Along a curve to the left, having a Radius of 274.50 feet and Length of 228.61 feet, a Chord of North 71 022'19" East, 222.06 feet to a point; thence South 47 017'37" West, 318.43 feet to a point; thence South 42 039'18" West, 183.07 feet to a point; thence North 47 017'37" West, 76.93 feet to a point; thence South 42 030'22" West, 285.68 feet to the point ad place of beginning, containing 3.45 acres, more or less. Board of Commissioners - January 8, 2018 ITEM: 7 - 7 - 7 Board of Commissioners - January 8, 2018 ITEM: 7 - 7 - 8 REPORT OF COMMUNITY MEETING REQUIRED BY NEW HANOVER COUNTY ZONING ORIDINANCE FOR CONDITIONAL DISTRICT REZONINGS Location: 168 & 178 Porters Neck Road Proposed Zoning: B-1 to (CZD) B-2 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 Department for notice of the Sunshine List on October 19, 2017 . A copy of the written notice is also attached. The meeting was held at the following time and place: Wednesday, November 1, 2017; 6:00 p.m.; 107 Stokley Drive, Unit 101, Wilmington, 28403. The persons in attendance at the meeting were: Reference attached sign-in List The following issues were discussed at the meeting: A brief synopsis of the proposed development and of the conditional district rezoning process was given. A variety of questions were answered concerning the hotel brand and style, height & effect it might have on the surrounding businesses – both existing and proposed. As a result of the meeting, the following changes were made to the rezoning petition: None Date: November 3, 2017 Applicant: Design Solutions By: Cindee Wolf Board of Commissioners - January 8, 2018 ITEM: 7 - 7 - 9 Board of Commissioners - January 8, 2018 ITEM: 7 - 7 - 10 Bo a r d o f C o m m i s s i o n e r s - J a n u a r y 8 , 2 0 1 8 IT E M : 7 - 7 - 1 1 50 0 '   P e r i m e t e r   A d j a c e n t   O w n e r s   L i s t   f o r   L o t s   3   &   4   ‐   P o r t e r s   N e ck   C r o s s i n g NH C O   P I N   M A P I D O W N E R O W N E R   A D D R E S S C I T Y   /   S T A T E   /   Z I P S I T U S   A D D R E S S 32 6 0 1 4 . 4 2 . 5 5 7 0 . 0 0 0 1 6 3   P O R T E R S   N E C K   R O A D   L L C 1 2 5   M A R K E T   S T       W I L M IN G T O N   N C   2 8 4 0 1 1 6 3       P O R T E R S   N E C K   R D     32 6 0 1 5 . 5 3 . 6 3 2 8 . 0 0 0 A C P R   L E A S E H O L D   L L C 5 1 9   M A R K E T   S T       W I L M I N G T O N   NC   2 8 4 0 1 1 9 1       P O R T E R S   N E C K   R D     32 6 0 1 4 . 4 3 . 6 4 0 4 . 0 0 0 D U K E   E N E R G Y   P R O G R E S S   L L C   P O   B O X   1 0 0 7         C H A R L OT T E   N C   2 8 2 0 1 1 7 9       P O R T E R S   N E C K   R D     32 6 0 1 4 . 4 2 . 1 9 9 8 . 0 0 0 D U K E   E N E R G Y   P R O G R E S S   L L C 5 5 0   T R Y O N   S T   S     C H A R L OT T E   N C   2 8 2 0 2 1 7 5       P O R T E R S   N E C K   R D     32 6 0 1 8 . 3 2 . 7 1 0 5 . 0 0 0 G R A Y   P R O P E R T Y   2 2 0 5   L L C 5 0 0 4   M O N U M E N T   A V E     S T E   20 0 R I C H M O N D   V A   2 3 2 3 0 2 0 0       L O O S E S T R I F E   C T     32 6 0 1 4 . 4 2 . 6 7 1 1 . 0 0 0 J   S T O N E   P R O P E R T I E S   L L C 2 0 1   M A R S H F I E L D   D R       W I L MI N G T O N   N C   2 8 4 1 1 1 6 5     P O R T E R S   N E C K   R D   32 6 0 1 9 . 5 2 . 6 3 9 0 . 0 0 0 O A K   R I D G E   P R O P   @   P N E C K   L L C   P O   B O X   1 1 5 9         D E E RF I E L D   I L   6 0 0 1 5 8 2 9 0       M A R K E T   S T     32 6 0 1 9 . 5 1 . 3 7 6 3 . 0 0 0 O A K   R I D G E   P R O P   @   P N E C K   L L C 1 0 5 1   M I L I T A R Y   C U T O F F  R D   S T E   2 0 0 W I L M I N G T O N   N C   2 8 4 0 5 8 2 5 8       M A R K E T   S T     32 6 0 1 9 . 5 2 . 5 1 1 5 . 0 0 0 O A K   R I D G E   P R O P   @   P N E C K   L L C   P O   B O X   6 0 0         W I L M IN G T O N   N C   2 8 4 0 2 8 2 8 6       M A R K E T   S T     32 6 0 1 8 . 4 2 . 7 0 1 5 . 0 0 0 P O R T E R S   N E C K   C E N T E R   I N C 1 4 3 0   C O M M O N W E A L T H   D R     ST E   1 0 2 W I L M I N G T O N   N C   2 8 4 0 3 8 2 0 5       M A R K E T   S T     32 6 0 1 5 . 5 2 . 6 8 5 4 . 0 0 0 S C A R A F O N I   A S S O C I A T E S   I N C 5   A L L E N   A V E       M A N C H E S TE R   M A   0 1 9 4 4 8 3 1 1       M A R K E T   S T     32 6 0 1 5 . 5 2 . 4 6 5 1 . 0 0 0 S C A R A F O N I   A S S O C I A T E S   N C   I N C 5   A L L E N   A V E       M A N C HE S T E R   M A   0 1 9 4 4 8 2 1 9       M A R K E T   S T     32 6 0 1 9 . 5 2 . 3 4 3 7 . 0 0 0 S C A R A F O N I   A S S O C I A T E S   N C   I N C 5   A L L E N   A V E       M A N C HE S T E R   M A   0 1 9 4 4 8 2 1 5       M A R K E T   S T     32 6 0 1 5 . 5 2 . 2 8 1 1 . 0 0 0 Y O U N G   J O H N   A   P E G G Y   D 2 2 7   C O L V I L L E   R D       C H A R L O T TE   N C   2 8 2 0 7 1 8 8       P O R T E R S   N E C K   R D     Bo a r d o f C o m m i s s i o n e r s - J a n u a r y 8 , 2 0 1 8 IT E M : 7 - 7 - 1 2 P.O. Box 7221, Wilmington, NC 28406 * Telephone: 910-620-2374 * Email: cwolf@lobodemar.biz Transmittal October 19, 2017 To: Adjacent Property Owners From: Cindee Wolf Re: 168 & 178 Porters Neck Road My clients are interested in developing a hotel facility on these commercial lots. The parcels are within the proximity of your property. This proposal would require a Conditional Zoning District approval from New Hanover County. A Conditional Zoning District allows particular uses to 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. The County requires that the developer hold a meeting for all property owners within 500 feet of the development 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, benefits and impacts. A meeting will be held on Wednesday, November 1st, 6:00 p.m. at the offices of Clarendon Properties, 107 Stokley Drive, Unit 101, Wilmington, NC 28403. If you cannot attend, you are also welcome to contact me at telephone # 910-620-2374, or email cwolf@lobodemar.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. Board of Commissioners - January 8, 2018 ITEM: 7 - 7 - 13 Bo a r d o f C o m m i s s i o n e r s - J a n u a r y 8 , 2 0 1 8 IT E M : 7 - 7 - 1 4 Por t e r ' s N e c k R o a d (Pr i v a t e R / W ) BK 5 3 7 6 P G 3 7 0 Pr i v a t e 2 5 ' A c c e s s R o a d BK 5 1 7 1 P G 2 6 0 5 , M B 3 7 P G 6 2 Sh o p p i n g C e n t e r T r a c t Paved Street(Private R/W)BK 5376 PG 370Paved Street (Private R/W)BK 5376 PG 370 (5 ) S t o r y 15 0 R o o m H o t e l 16 1 P a r k i n g S p a c e 17 20 3 9 9 8 16 4 13 18 24 9 9 12 Pa t i o / P o o l Dr a w n B y Ch e c k e d B y Is s u e D a t e Pr o j e c t N o Re v i s i o n Da t e Sh e e t T i t l e Pr o j e c t Sh e e t N u m b e r Ow n e r ALL DESIGNS, DRAWINGS AND SPECIFICATIONS DEPICTED ON THIS SHEET ARE THE PROPERTY OF R IV ARCHITECTURE, P.A.. ANY UNAUTHORIZED USE OR REPRODUCTION IS SUBJECT TO LEGAL PROSECUTION. POSSESSION IN ANY FORM CONSTITUTES ACCEPTANCE OF THESE CONDITIONS. COPYRIGHT 2011 73 0 1 R i v e r s A v e n u e MJ R 09 . 0 7 . 2 0 1 7 17 0 x x x HO T E L Po r t e r ' s N e c k R o a d Wi l m i n g t o n , N C CC W H o s p i t a l i t y L L C Su i t e 3 1 0 75 1 W e s t F o u r t h S t r e e t Wi n s t o n S a l e m , N C 2 7 1 0 1 MA R Board of Commissioners - January 8, 2018ITEM: 7- 7 - 15 PROPOSED SITE PLAN Board of Commissioners - January 8, 2018 ITEM: 7 - 8 - 1 Board of Commissioners - January 8, 2018 ITEM: 7- 9 - 1