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Agenda 2020 03-09
NEW HANOVER COUNTY BOARD OF COMMISSIONERS AGENDA Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301, Wilmington, NC 28401 Julia Olson - Boseman, Chair I Patricia Kusek, Vice -Chair junathan Barfield, Jr. , Commissioner I Woody White, Commissioner I Rob Zapple, Commissioner Chris Coudriet, County Manager I Wanda Copley, County Attorney I Kym Crowell, Clerk to the Board MARCH 9, 2020 4:00 PM MEETING CALLED TO ORDER (Chair Julia Olson - Boseman) INVOCATION (Pastor Mark Gaskins, Temple Baptist Church) PLEDGE OF ALLEGIANCE (Commissioner Jonathan Barfield, Jr.) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Approval to Submit a 2021 Grant Application to the N.C. Governor's Highway Safety Program / Regional Forensic Laboratory 3. Approval to Submit a 2021 Grant Application to the N.C. Governor's Highway Safety Program for Funding in the Amount of $25,000 4. Approval to Submit an FY20 -21 U.S. Department of Justice, Office of Community Oriented Policing Services, Internal Affairs System Grant Application 5. Adoption of a Resolution of Support for the Transfer of the Cape Fear Locks and Dams to a Third Party in Order to Protect Potable Water Supply 6. First Reading: Approval of Solid Waste Franchise for Waste Management 7. Second Reading: Approval of Solid Waste Franchise for Wall Recycling, LLC. 8. Adoption of a Resolution Supporting New Methyl Bromide Regulations 9. Adoption of a National Nutrition Month Proclamation 10. Adoption of a Resolution for Award of Bid for the Partial Closure of Landfill Cells 2 -6E 11. Denial of an Application for the Waiver of Landfill Tipping Fees for the City of Wilmington 12. Approval of January 2020 Tax Collection Reports ESTIMATED MINUTES REGULAR AGENDA ITEMS OF BUSINESS 15 13. Update on COVI D -19 10 14. Consideration of 2019 -20 Board of Education Budget Amendment #3 40 15. Quasi - Judicial Hearing NOTE: Applicant has Requested a Continuance Special Use Permit Request (S19 -02) — Request by Tribute Companies on Behalf Board of Commissioners - March 9, 2020 of the Property Owner, Coswald, LLC, for a Special Use Permit to Develop Residential Uses Within a Commercial District on Approximately 15.6 Acres of Land Located in the 200 Block of Lendire Road, near the 7200 Block of Market Street 40 16. Public Hearing NOTE: Applicant has Requested a Continuance Rezoning Request (Z19 -12) — Request by Design Solutions on Behalf of the Property Owner, Raiford G. Trask Jr. Rev Trust, to Rezone Approximately 10.35 Acres of Land Located North of the 3300 Block of Paramount Way in the Northchase Planned Development, and South of Interstate 140, from 0 &I, Office and Institutional District, and R -15 Residential District, to R -5, Moderate - High Residential District 40 17. Public Hearing Rezoning Request (Z19 -16) — Request by Gary Moore to Rezone Approximately 1.56 Acres of Land Located at 7824 Myrtle Grove Road and 6751 Carolina Beach Road from R -15, Residential District, to (CZD) 0 &I, Office and Institutional District, in Order to Develop a Recreational Vehicle and Boat Storage Lot 40 18. Public Hearing Rezoning Request (Z20 -01) - Request by the Law Offices of Matthew A. Nichols on Behalf of Caroland Development, LLC as Receiver, to Rezone Approximately 2.75 Acres of Land Located at 216 Porters Neck Road from R -15, Residential District, to 0 &I, Office and Institutional District 40 19. Public Hearing Rezoning Request (Z20 -02) - Request by New Hanover County to Rezone Approximately 15.86 Acres of Land Located at 3101 Castle Hayne Road from R -20, Residential District, and B -1, Business District, to R -10, Residential District 20 20. Request by New Hanover County to Subdivide and Retain Approximately 1.5 Acres from the Property Located at 3101 Castle Hayne Road for a Possible Future Fire Station; the Remainder of the Site, Approximately 14.36 Acres, Would be Conveyed to Habitat for Humanity for a Workforce Housing Subdivision PUBLIC COMMENTS ON NON - AGENDA ITEMS (limit three minutes) ESTIMATED MINUTES ADDITIONAL AGENDA ITEMS OF BUSINESS 21. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 22. 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. Board of Commissioners - March 9, 2020 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 - March 9, 2020 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 3/9/2020 Consent DEPARTMENT: Governing Body PRESENTER(S): Kym Crowell, Clerk to the Board CONTACT(S): Kym Crowell SUBJECT: Approval of Minutes BRIEF SUMMARY. Approve minutes from the following meeting: Regular Meeting held on February 17, 2020 Closed Session Meeting held on February 17, 2020 RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners - March 9, 2020 ITEM: 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 3/9/2020 Consent DEPARTMENT: Sheriff PRESENTER(S): Major Lachlan MacNeish CONTACT(S): Chief Deputy Kenneth Sarvis SUBJECT: Approval to Submit a 2021 Grant Application to the N.C. Governor's Highway Safety Program / Regional Forensic Laboratory BRIEF SUMMARY: This grant will fund the purchase of a forensic laboratory instrument that will test blood for chemical components, including opioids and other drugs. The purchase will create the need for an additional full -time Forensic Toxicologist position to perform testing. Governor's Highway Safety Program encourages extending the position beyond the grant cycle; however it is not mandatory. The Sheriff has to re -apply each year for funding. The funding breakdown is as follows: Forensic Laboratory Instrument - $560,316; Forensic Toxicologist Position (one year salary & fringe) - $80,000 and Training and Travel - $10,000. Total grant amount is $650,316. There are no matching funds required. RECOMMENDED MOTION AND REQUESTED ACTIONS: Authorize the Sheriff's Office to submit grant application and Local Government Resolution to Governor's Highway Safety Program. FY20 -21 GHSP Forensic Laboratory grant resolution FY20 -21 GHSP Forensic Laboratory grant application COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Item was removed for edits and resubmission. Board of Commissioners - March 9, 2020 ITEM: 2 1. Agency: 4. Contact Person for Agency: NEW HANOVER COUNTY Sarah Dobos 2. Agency Address: SHERIFF 3950 JUVENILE CENTER RD CASTLE HAYNE, NC 28429 5. Telephone Number: +1 (910) 798 -4152 6. Cell Phone: 3. Physical Location of Agency * 7. Email of Contact Person 3950 Juvenile Center Road, Castle Hayne, NC 28429 sdobos @nhcgov.00m 8. Federal Tax ID Number/ Type of Agency 19. Protect Year Federal Tax ID Number: *568000324 DUNS No: * 0400295630000 County: *NEW HANOVER COUNTY Type of Agency 0 State tom; Non -Profit C.- County 4 Higher Education C's Municipality r Hospital 11. Project Trtle: * 2021 GHSP Forensic Laboratory Grant )Personnel Costs Q Contractual Services I Commodities Costs $80,000,00 Other Direct Costs o $570,3 Indirect Costs �Tatal Projoct Costs 13, Specify How Non- Ferieral Share Will Be Provided - There is no match with this grant Protect Number: C.: New 0 Continuation Year: fj 1 (' 2 C ; 3 04+ 10. Allocation of Funding Federal % 100.00 CFDA#: 20. Work Type: $80,000.00 I $570,316.00 Local % 0.00 $0.001 $0.00 vide detal(red hdbrm kw of die highway splay problems In your area Ao be addrasaed through Mb projeci IrmA de omm4i Jde creak data for the AW dace years and any odrer relevant kftmatlon to valydate dw afahw eats. For more detaffed lndbvmadw see How to write an oft cdve ftft aafety prgbcr located at: New Hanover County Sheriffs Offios assumed responsibility and management of the Wilmington Police Department Crime Laboratory from the Wilmington Police Department effective July 1, 2019. This agreement Included all equipment, personnel, and functions of the Crime Lab. This was a tremendous undertaking for the New Hanover County Sheriffs Office that will ultimately continue and expand the regional forensic lab to service all partner agencies currently In agreement with the New Hanover County Sheriffs Office Forensic Lab. The New Hanover County Sheriffs Office Forensic Lab will continue to ensure continuity of operations, providing analysis for casework submitted by partner agencies to ensure effective investigation and IS)rosecutlan of crime and offenders with consistent, reliable testing and results. Now that New Hanover County Sheriffs Office 9W I has assumed full responsibly and management of the Crime Laboratory, we would like to expand our forensic capabilities to best serve our regional agencies. Version 1.0 Page 1 of 6 Board of Commissioners - March 9, 2020 ITEM: 2 - 1 - 1 I . !r_ =! sIatj96( show tkt New Hanover Cduntyis ranked numbb0g for overall fa-iities am numi_.er - T.. +r aaco'o1-1 related traffic fatalities. New Hanover County Sheriff's Office Forensic Lab Is a regional lab that services over 40 law enforcement agencies In the eastern region of North Carolina, including the State Highway Patrol, with plans to expand to other surisdictions within the region. By expanding our forensic capabilities as a regional forensics laboratory, the workload of the State L.ab will decrease. Between July of 2018 and June 2019, 200 DWI kits were sent to the State Lab, and of those 200 kits, 54 were for Blood Alcohol Count (BAC) while the remaining 155 were for drug DWI analysis. The average turnaround time for BAC testing report was 34 days. The average blood -drug testing report turnaround time was 211 days. Recently, State Lab employees disclosed that the lab itself was relocated for renovations, and that the relocation has cost their customers a longer tumaround time. Understanding the urgency of quick turnarounds, our regional lab will continue to ensure quick results of forensic testing within the region. The regional forensic lab has a ten (10) business day turnaround for results, with a special 48- tumaround at special request for agencies in extreme dreumstances. In order to keep this quick turnaround for our customers, we need to expand our capabilities specifically in testing blood samples for chemical components (i.e. testing for drugs In the arrestse's blood during DWI cases). Recent trends have shown an 80% increase of DWI cases containing additional substances other than alcohol at the time of arrest. The 2018 toxicology DWI Blood -Drugs Report stated 13,036 DWI cases reported drugs present at the time of arrest. The report listed the following drugs to be most common drug present during DWI arrests: Benzodiezepine at 38%, any (type of) cocaine at 1896, any (type of) Cannabinold (THC) at 39%, and lastly, any (type of) oploid at 34%. These numbers increased from 2017's Toxicology DWI Blood -Drugs Report. In 2017's report, there were a total of 10,380 DWI cases that had a drug presence at the time of arrest: The report listed the following drugs to be most common at the time of arrest; Benzodlazepine at 45%, any (type of) cocaine at 15%, any (type of) Cannabinoid (THC) at 39%, lastly and any (type of) oploid at 28%. The Agilent 6545 LC/Q -TOF Is a forensic instrument which will expand the regional lab's capabilities. The instrument tests blood samples for chemical components, including opioids and other drugs. The Agilent 6545 LC/Q -TOF instrument has low false positives and low false negatives, can detect more compounds in a single analysis, and has the ability to run 25 separate blood samples per use. It is an outstanding tool for metabolomics because It provides high resolution, high mass accuracy (within 1 ppm), and outstanding isotope ratio fidelity (within 5%). It maintains this high performance even as the acquisition rate Increases. Additionally, the instrument has minimum downtime and a simple maintenance plan, ensuring our commitment to our regional partners of quick turnaround time for results Is maintained. The purchase of the Agilent 6545 LCIQ -TOF instrument creates the need for an additional full -time employee position to perform testing using the new Instrument, a Forensic Toxicologist. The Forensic Toxicologist Is responsible for investigating various substances to assist in solving crimes or detect unlawful contamination to include analyzing samples from bodily fluids. The Forensic Toxicologist will appear in court to provide expert testimony consistently to ensure support for the criminal Justice process. The grant will fund the grant year from October 1, 2020 to September 30, 2021 for the Agilent 6545 LCIQ -TOF instrument, and salary and benefits for the Forensic Toxicologist (100%). It will fund needed supplies and tralning costs to ensure that the Forensic Toxicologist meets the required educational requirements and certification for thelr position with the most up-to -date information available. Travel Justification: Out -of -State travel covers the cost of the Forensic Toxicologist to attend the Borkenstein Alcohol and Highway Safety Course In San Diego, CA during the first quarter and Bloomington, IN in the third quarter. Additionally, they will attend the TACT conference and the AAFS (American Academy of Forensic Scientists) conference which will take place In the third quarter. Lastly, the Forensic Toxicologist will attend the Traffic Safety Symposium to meet highway safety goals. 0 E92 610-11 -..Y Provide the agency's number of sworn officers 381 Does the agency currently have a dedicated traffic or DWI unit? Yes 07k No C. _ If a dedicated traffic or DWI unit exists, how many officers are assigned to the unit? i 7 Fatality Ranking: I Fatality Ranking: : Tar,.t�s�tew- �rxl�c�rr� �� c �',��r�� slt�!�=��€o.�rem�*�rr•���r�r. r�s��:! 30 21 Version 1.0 Page 2 of 6 Board of Commissioners - March 9, 2020 ITEM: 2 - 1 - 2 Unrestrained Fatality Ranking: 145 [Speed Related Fatalities: 123 ,)ther Applicable Rankings: (Specify) 10 Year 2016 Occupant Protection Citations 301 DWI Citations 77 Speed Citations 616 Year 2017 Occupant Protection Citations 1881 DWI Citations 95 Speed Citations 1,106 Year 2018 Occupant Protection Citations 83 DWI Citations 69 Speed Citations 1,183 Goals and Objectives _(Pnovlde at least one SMART (SpecHk, Measurable, Attainable, Realistic and Timely) goals and objectives. For more detailed information see Wow to write an effective traffic safstypmjscr located at. lct�r�ne€,I_�rJt�v�[�tlesl��v qtr€ �u' c�e��P��- �, w- �rrP�r °eerrrer�a,Ft�r- {,��.��,�xJ Goal #1: Obtain ISO accreditation for Blood Drug Toxicology, which Includes each analyst attending at least one Blood Drug Toxicology related training per year. Objectives: Have at least 3 analysts trained and proficient in Blood Drug Toxicology. Additionally these three analysts will be proficient in running Instrument software and preforming routine maintenance. Goal #2: Make Blood Drug Toxicology a service of a regional lab serving multiple counties In the region (all agencies within 1 hour drive from New Hanover County). Objectives: Establish Blood Drug Toxicology services for all six counties in the region — New Hanover, Pander, Brunswick, Columbus, Duplln and Onslow. Goal #3: Reduce turn-around time to 30 -60 days for Blood Drug Toxicology. Objectives: Reduce the workload that is sent to the NC State Crime Laboratory to decrease the overall wait times for agencies for case results from the NC State Crime Laboratory. Provide timely court testimony for Blood Drug Toxicology cases. Reduce NC's traffic-related fatalities by 12% from the 20147018 average of 1,392 to 1,228 by December 31, 202 t. ® Reduce NC's alcohol- related fatalities by 10% from the 2014 -2018 average of 401 to 361 by December 31, 2021. ❑ Reduce NC's unrestrained fatalities by 10% from the 2014 -2018 average of 398 to 358 by December 31, 2021. F� Reduce NC's speed - related fatalities by 5% from the 2014 -2018 average of 472 to 448 by December 31, 2021. E] Reduce NC's young driver - involved fatal crashes by 10% from the 2014 -2018 average of 170 to 153 by December 31, 2021. M Reduce NC's motorcycle fatalities by 5% from the 2014 -2018 average of 187 to 178 by December 31, 2021. Increase NC's seat belt usage rate 2.9 percentage points from the 2015 -2019 average of 90.5% to 93.4% by December 31, 2021. # Personnel Position 1 Forensic Laboratory Toxicologist 2 3 4 5 6 9 Version 1.0 Page 3 of 6 Board of Commissioners - March 9, 2020 ITEM: 2 - 1 - 3 Salary $70,000.00 10 # Personnel Fringe Benefits 1 Forensic Laboratory Toxicologist 2 Total Salaries Cost: $70,000.00 Cost - $10,000.00' 9 10 - Total Fringe Benefits Cost: $10,000.00 Total Personnel Costs: $80,000.00 i # Contractual Service To Be Provided - Cost 1 i 2 3 4 5 B 7 8 9 u 10 11 - Total Contractual Services: �I # Commodities 1 2; 3 4 5 8 7 8 9 10 '411 12 Version 1.0 Page 4 of 8 Board of Commissioners - March 9, 2020 ITEM: 2 - 1 - 4 D it Equipment 1 6545 LCIQ -TOF Instrument 2 3 4 6 I� 7 8 Total Commodities Cost: Quantity Gap Amount 1 $560,316.00 Cost $560,316.00 Total Equipment Cost # Other Items and Equipment Direct Cost: (Cost UmfW to Less Than $5000 Per Item) 1 2 3 4 5 6 7 8 Total Other Items and Equipment Direct Cost: $560,316.00 Cost # Travel Cost 1 Instate Travel 1 2 Out-cf -State Travel $10,000.00 Total Travel Cost: $10,000.00 Total Other Direct Costs: $570,316.00 indirect Costs # Indirect Costs Cost 1 2 3 4 Total Indirect Costs List the schedule of tasks by qua n3, a ng spec ca y e o e ves rn ect on as sTiou d be a bulleted list of activities to be performed In each quarter. Condl#lons for Enforcement Projects Only Version 1.0 Page 5 of 6 Board of Commissioners - March 9, 2020 ITEM: 2 - 1 - 5 iBy Ong is x, �o�ns agency agrees rr;r. r„ nns v sow as a Fi -'na.' at io res c e pe orm& as-F o r� p• "� • A minimum of one (1) nighttime and one (1) daytime seat bait initiative per month; • A minimum of one (1) Impaired driving checkpoint per month; A minimum of 50% of seat bait initiatives must be conducted at night between the hours of 7:00 p.m. and 7:00 a.m.; ® Participation In all "Click It or Ticket" and "Booze It & Lose Ir campaigns; Participation In any event or campaign as required by the GHSP; Attempt to utilize one of the Forensic Tests for Alcohol Branch's Mobile Breath Alcohol Testing (BATMobiies) units i during at least one of the impaired driving checkpoints. First Quarter (October, November, December) Follow up with all served agencies to obtain feedback on services and discuss shared future funding of the program. Track statistics for the number of DWI - related cases received by the Forensic Toxicologist. Track Statistics for the number of DWI - related cases analyzed by laboratory personnel. Provide statistics for. Average turnaround time for DWI - related cases, number of subpoenas received, number of court appearances, number of times testified, and areas of expert testimony. Attend the Borkenstein Alcohol Course. Second Quarter (January, February, March) Track statistics for the number of DWI - related cases received by the Forensic Toxicologist. Track statistics for the number of DWI - related cases analyzed by laboratory personnel. Provide statistics for: Average turnaround time for DWI - related cases, number of subpoenas received, number of court appearances, number of times testified, and areas of expert testimony. Third Quarter (April, May, June) Track statistics for the number of DWI - related cases received by the Forensic Toxicologist. Track Statistics for the number of DWI - related cases analyzed by laboratory personnel. Provide statistics for Average turnaround time for DWI - related cases, number of subpoenas received, number of court appearances, number of times testified, and areas of expert testimony. Attend the Traffic Safety Conference. Attend the IACT Conference. Attend the Borkcenstein Alcohol Course. Fourth Quarter (July, August, September) Track statistics for the number of DWI - related cases received by the Forensic Toxicologist. Track Statistics for the number of DWI - related cases analyzed by laboratory personnel. Provide statistics for. Average turnaround time for DWI - related cases, number of subpoenas received, number of court appearances, number of times testified, and areas of expert testimony. Report all statistics for the grant period including: number of agencies served; results of survey on services provided to all served agencies In the six - county region; progress of a combined financial support effort for the regional agencies; number of DWI - misted cases completed; average turnaround time for all completed cases, total number of subpoenas, court appearances and testimony for DWI - related cases. Note: 1. Submitting grant application is not a guarantee of grant being approved. . Once form has been submitted, It cannot be changed unless it has a status of "Return" Version 1.0 Page 6 of 8 Board of Commissioners - March 9, 2020 ITEM: 2 - 1 - 6 Resolution North Carolina Governor's Highway Safety Program Local Governmental Resolution WHEREAS, the New Hanover County Sheriffs Office (herein called the "Agency ") has (The Applicant Agency) completed an application contract for traffic safety funding; and that New Hanover County (The Governing Body of the Agency) Board of Commissioners (herein called the "Governing Body ") has thoroughly considered the problem identified and has reviewed the project as described in the contract; THEREFORE, NOW BE IT RESOLVED BY THE New Hanover County Board of (Governing Body) Commissioners IN OPEN MEETING ASSEMBLED IN THE CITY OF Wilmington, NORTH CAROLINA, THIS 09 DAY OF March, 2020, AS FOLLOWS: 1. That the project referenced above is in the best interest of the Governing Body and the general public; and 2. That New Hanover County Sheriffs Office is authorized to file, on behalf of the (Name and Title of Representative) Governing Body, an application contract in the form prescribed by the Governor's Highway Safety Program for federal funding in the amount of $650,316.00 to be made to (Federal Dollar Request) the Governing Body to assist in defraying the cost of the project described in the contract application; and 3. That the Governing Body has formally appropriated the cash contribution of $ 0.00 as (Local Cash Appropriation) required by the project contract; and 4. That the Project Director designated in the application contract shall furnish or make arrangement for other appropriate persons to furnish such information, data, documents and reports as required by the contract, if approved, or as may be required by the Governor's Highway Safety Program; and Rev. 7/11 Board of Commissioners - March 9, 2020 ITEM: 2 - 2 - 1 Page 1 of 2 Resolution 5. That certified copies of this resolution by included as part of the contract referenced above; and 6. That this resolution shall take effect immediately upon its adoption. DONE AND ORDERED in opening meeting by (Chairperson/Mayor) ATTESTED BY SEAL (Clerk) DATE Rev. 7/11 Page 2 of 2 Board of Commissioners - March 9, 2020 ITEM: 2 - 2 - 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 3/9/2020 Consent DEPARTMENT: Sheriff PRESENTER(S): Captain David MacAlpine CONTACT(S): Chief Deputy Kenneth Sarvis SUBJECT: Approval to Submit a 2021 Grant Application to the N.C. Governor's Highway Safety Program for Funding in the Amount of $25,000 BRIEF SUMMARY: The Sheriff's Office wishes to apply to the N.C. Governor's Highway Safety Program (GHSP) for 2021 grant funding. The next step of the funding process is to submit the Local Government Resolution to GHSP. GHSP needs assistance in gathering statistics and coordinating the initiatives of "Booze It and Loose It" and "Click It or Ticket" for Region 3. The total project cost is $25,000; $3,000 for in -state and $7,000 for out -of -state travel and training reimbursements for Sheriff's Office personnel that will assist in the campaigns and training; $10,000 for four radar units; and $5,000 for pole mounted speed display signs. RECOMMENDED MOTION AND REQUESTED ACTIONS: Authorize Sheriff's Office to submit the grant application and the Local Government Resolution to Governor's Highway Safety program. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners - March 9, 2020 ITEM: 3 Resolution North Carolina Governor's Highway Safety Program Local Governmental Resolution WHEREAS, the New Hanover County Sheriffs Office (herein called the "Agency ") has completed an application (The Applicant Agency) contract for traffic safety funding; and that New Hanover County Board of Commissioners (herein called the (The Governing Body of the Agency) "Governing Body ") has thoroughly considered the problem identified and has reviewed the project as described in the contract; THEREFORE, NOW BE IT RESOLVED BY THE New Hanover County Board of Commissioners IN OPEN (Governing Body) MEETING ASSEMBLED IN THE CITY OF Wilmington, NORTH CAROLINA, THIS 09 DAY OF MARCH, 2020, AS FOLLOWS: 1. That the project referenced above is in the best interest of the Governing Body and the general public; and 2. That New Hanover County Sheriffs Office is authorized to file, on behalf of the Governing Body, an (Name and Title of Representative) application contract in the form prescribed by the Governor's Highway Safety Program for federal funding in the amount of $ 25,000.00 to be made to the Governing Body to assist in defraying the cost (Federal Dollar Request) of the project described in the contract application; and 3. That the Governing Body has formally appropriated the cash contribution of $ 0.00 as (Local Cash Appropriation) required by the project contract; and 4. That the Project Director designated in the application contract shall furnish or make arrangement for other appropriate persons to furnish such information, data, documents and reports as required by the contract, if approved, or as may be required by the Governor's Highway Safety Program; and 5. That certified copies of this resolution by included as part of the contract referenced above; and 6. That this resolution shall take effect immediately upon its adoption. DONE AND ORDERED in opening meeting by ATTESTED BY 1ONT4001 (Chairperson/Mayor) (Clerk) Board of Commissioners - March 9, 2020 ITEM: 3 -1 -1 SEAL NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 3/9/2020 Consent DEPARTMENT: Sheriff PRESENTER(S): Lt. Jason Augst CONTACT(S): Chief Deputy Kenneth Sarvis SUBJECT: Approval to Submit an FY20 -21 U.S. Department of Justice, Office of Community Oriented Policing Services, Internal Affairs System Grant Application BRIEF SUMMARY: The Community Policing Development Microgrants program is to provide law enforcement agencies funding for demonstration or pilot projects that increase their capacity to implement innovative projects that address officer safety and wellness. This grant will be used to fund the modernization of Internal Affairs' early intervention and integrity software. In addition to early intervention and integrity, this software will identify trends and training needs within use of force. The total grant amount is $46,000. Local grant match not required. The grant application is due March 11, 2020. RECOMMENDED MOTION AND REQUESTED ACTIONS: Authorize the Sheriff's Office to submit a grant application to the Community Policing Development Microgrant program. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners - March 9, 2020 ITEM: 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 3/9/2020 Consent DEPARTMENT: County Manager PRESENTER(S): Chris Coudriet, County Manager CONTACT(S): Jessica Loeper, Chief Communications Officer SUBJECT: Adoption of a Resolution of Support for the Transfer of the Cape Fear Locks and Dams to a Third Party in Order to Protect Potable Water Supply BRIEF SUMMARY: The U.S. Army Corps of Engineers has proposed to deauthorize and transfer ownership of the Cape Fear River Locks and Dams in the Cape Fear River between Wilmington and Fayetteville, NC, as they are no longer needed for commercial navigation. Both the Lower Cape Fear Water and Sewer Authority and the Cape Fear Public Utility Authority have raw water intakes located upstream of Lock and Dam No. 1 and the intake for both utilities rely on the pool of water created by the height of Lock and Dam No. 1, making it crucial to our region's water supply. At this time, the State of North Carolina, in collaboration with the North Carolina Department of Environmental Quality (NCDEQ) and North Carolina Department of Transportation (NCDOT), have submitted a letter of intent to the U.S. Army Corps of Engineers to obtain ownership of the locks and dams. Fayetteville Public Works Commission has also expressed a willingness to be the lead agency, and if successful in acquiring the locks and dams would transfer Lock and Dam No. 1 to the Lower Cape Fear Water and Sewer Authority. A resolution in support of a third party taking over the locks and dams in the Cape Fear River, to help protect our region's water supply and preserve the objective control of all three locks and dams, is attached for the board's consideration. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resoluti on. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners - March 9, 2020 ITEM: 5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION OF SUPPORT FOR THE TRANSFER OF THE CAPE FEAR LOCKS AND DAMS TO A THIRD PARTY IN ORDER TO PROTECT POTABLE WATER SUPPLY WHEREAS, the U. S. Army Corps of Engineers has recently completed the Cape Fear River Locks and Dams Bladen County, North Carolina Section 216 Disposition Study Draft Integrated Report and Environmental Assessment and submitted it for its final public comment period; and WHEREAS, the Cape Fear River Locks and Dams Bladen County, North Carolina Section 216 Disposition Study Draft Integrated Report and Environmental Assessment indicates that the Cape Fear Locks and Dams are no longer needed for commercial navigation; and WHEREAS, the report developed three options related to the Locks and Dams including the Corps retaining ownership with limited maintenance, removal of the Locks and Dams, or transfer to an interested third party; and WHEREAS, the Lower Cape Fear Water and Sewer Authority and the Cape Fear Public Utility Authority both have raw water intakes located upstream of Lock and Dam No. 1; and WHEREAS, the raw water intakes for both utilities rely on the pool of water created by the height of Lock and Dam No. 1 and both the short and long -term raw water supply would be adversely impacted by any changes to Lock and Dam No. 1; and WHEREAS, there are no reasonable alternatives that would be able to supply the 106 million gallons per day (mgd) of raw water to the water treatment plants in Brunswick, New Hanover, and Pender Counties that rely on the intake structures located upstream of Lock and Dam No. 1; and WHEREAS, approximately 500,000 residents and visitors rely of the potable water from the treatment plants located in Brunswick, New Hanover, and Pender Counties and the public health of those residents and visitors would be adversely impacted if the raw water supply was adversely impacted in some manner; and WHEREAS, Lower Cape Fear Water and Sewer Authority must take all steps necessary to protect its water supply in the Cape Fear River and it has determined that transfer of the Locks and Dams to a third party is in the Authority's best interest toward the goal of protecting its water supply in the Cape Fear River; and WHEREAS, the Lower Cape Fear Water and Sewer Authority believes that the operator of Lock and Dam No. 1 should have potable water supply as its first priority due to protection of the public health of the resident and visitors in the region; and WHEREAS, the Corps of Engineers has indicated they desire to transfer all of the Locks and Dams to one entity; and Board of Commissioners - March 9, 2020 ITEM: 5 - 1 - 1 WHEREAS, the North Carolina Department of Environmental Quality and Fayetteville Public Works Commission have expressed an interest in acquiring the Locks and Dams from the U.S. Army Corps of Engineers. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners hereby express its support for a third party, whose first priority is our region's potable water supply and who can preserve the objective control of all three locks and dams, to be included in the Cape Fear River Locks and Dams Bladen County, North Carolina Section 216 Disposition Study Draft Integrated Report and Environmental Assessment so the public water supply in the southeastern region of the State of North Carolina is protected. ADOPTED this the 9t" day of March, 2020. I � � i � I : Ie1► [ � ��/ � : Z � L X11 J ► : �' 1 Julia Olson- Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - March 9, 2020 ITEM: 5 - 1 - 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 3/9/2020 Consent DEPARTMENT: County Attorney PRESENTER(S): Kemp Burpeau, Deputy County Attorney CONTACT(S): Kemp Burpeau and Joe Suleyman, Environmental Management Director SUBJECT: First Reading: Approval of Solid Waste Franchise for Waste Management 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 decision to approve the current solid waste franchise agreement was considered against the implications of House Bill 56 and its impact on the county's ability to control the flow of solid waste. Staff believes that private solid waste collection companies will ultimately make post -2020 final disposal decisions based on two factors: price and convenience /location. The New Hanover County landfill is competitive in both areas and will continue to seek methods to control costs while offering cutting -edge services to the public. The renewal franchise period would run for seven years. A second reading is required. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve franchise. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners - March 9, 2020 ITEM: 6 wv-��k-jr' 7' WA69r 8 0"hLAGIMEfirr !Taste Management Information Waste Management is a corporation. Service Area encompasses the County of New Hanover in total. Services provided are as follows: Residential Curbside MSW Service Residential Curbside Recycling Service Frontload Commercial Dumpster Service Roll Off Industrial Service Waste Management also provides the Town of Kure Beach, NC residential curbside recycling service, Number of employees; 20 From everyday collection to environmental protection, Think Green: Think Waste Management. Pr:n!edon }60k �+- mn�unn ,m�rPrd pr.,n.. Board of Commissioners - March 9, 2020 ITEM: 6 - 1 - 1 w1W . WASTE NIAaw"EMENT Date: 02/06 /2020 Wilmington Hauling Unit Truck Type Line of Business 152567 2009 AUTOCAR MSL Residential 152568 2009 AUTOCAR MSL Residential 152710 2011 MACK LEU613 MSL Residential 152533 2008 AUTOCAR WXLL64 MSL MSL Residential 152622 2010 MACK LEU613 MSL MSL Residential 152661 2010 MACK LEU613 MSL MSL Residential 152627 2010 MACK LEU613 MSL MSL Residential 209543 2008 AUTOCAR FEL Commercial 209544 2008 AUTOCAR FEL Commercial 209752 2009 AUTOCAR FEL Commercial 210512 2011 MACK MR688S FEL Commercial 209472 2008 Autocar WX64 FEL FEL Commercial 214748 2019 Mack TE64 FEL FEL Commercial 411235 2006 MACK CV713 RO Roil off Industrial 410456 2000 Mack RD698S RO Roll off Industrial 411844 2007 MACK CV713 RO Roll off Industrial 407610 2001 Mack RD689S Roll off Industrial 411843 2007 MACK CV713 RO Roll off Industrial 412659 2008 MACK GUS13 RO Roll off Industrial 412394 2007 Mack CV700 Roll Off Roll off industrial 417689 2017 Mack GU713 Roll Off Roll off Industrial 408067 2001 Mack RD688S Roll Off Roll off industrial From everyday collection to environmental protection, Think GreenQ Think Waste Management. Board of Commissioners - March 9, 2020 ITEM: 6 - 1 - 2 2018 Financials REPORT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM The Board of Directors and Stockholders of Waste Management, Inc. Opinion on Internal Control over Financial Reporting We have audited Waste Management, Ine.'s internal control over financial reporting as of December 31, 2018, based on criteria established in Internal Control- Integrated Framework issued by the Committee of Sponsoring Organizations of the Treadway Commission (2013 framework) (the COSO criteria). in our opinion, Waste Management, Inc. (the Company) maintained, in all material respects, effective internal control over financial reporting as of December 31, 2018, based on the COSO criteria. We also have audited, in accordance with the standards of the Public Company Accounting Oversight Board (United States) (PCAOB), the 2018 consolidated financial statements of the Company, and our report dated February 14, 2019 expressed an unqualified opinion thereon. Basis for Opinion The Company's management is responsible for maintaining effective internal control over financial reporting and for its assessment of the effectiveness of internal control over financial reporting included in the accompanying Management's Report on Internal Control Over Financial Reporting. Our responsibility is to express an opinion on the Company's internal control over financial reporting based on our audit. We are a public accounting fain registered with the PCAOB and are required to be independent with respect to the Company in accordance with the U.S. federal securities laws and the applicable rules and regulations of the Securities and Exchange Commission and the PCAOB. We conducted our audit in accordance with the standards of the PCAOB. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether effective internal control over financial reporting was maintained in all material respects. Our audit included obtaining an understanding of internal control over financial reporting, assessing the risk that a material weakness exists, testing and evaluating the design and operating effectiveness of internal control based on the assessed risk, and performing such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion. Definition and Limitations of Internal Control Over Financial Reporting A company's internal control over financial reporting is a process designed to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles. A company's internal control over financial reporting includes those policies and procedures that (1) pertain to the maintenance of records that, in reasonable detail, accurately and fairly reflect the transactions and dispositions of the assets of the company; (2) provide reasonable assurance that transactions are recorded as necessary to permit preparation of financial statements in accordance with generally accepted accounting principles, and that receipts and expenditures of the company are being made only in accordance with authorizations of management and directors of the company; and (3) provide reasonable assurance regarding prevention or timely detection of unauthorized acquisition, use, or disposition of the company's assets that could have a material effect on the financial statements. Because of its inherent limitations, internal control over financial reporting may not prevent or detect misstatements. Also, projections of any evaluation of effectiveness to future periods are subject to the risk that controls may become inadequate because of changes in conditions, or that the degree of compliance with the policies or procedures may deteriorate. Houston, Texas /s/ ERNST &z YOUNG LLP February 14, 2019 Board of Commissioners - March 9, 2020 ITEM: 6 - 1 - 3 REPORT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM The Board of Directors and Stockholders of Waste Management, Inc, Opinion on the Financial Statements We have audited the accompanying consolidated balance sheets of Waste Management, Inc. (the Company) as of December 31, 2018 and 2017, the related consolidated statements of operations, comprehensive income, cash flows, and changes in equity for each of the three years in the period ended December 31, 2018, and the related notes (collectively referred to as the "consolidated financial statements "), In our opinion, the consolidated financial statements present fairly, in all material respects, the financial position of the Company at December 31, 2018 and 2017, and the results of its operations and its cash flows for each of the three years in the period ended December 31, 2018, in conformity with U.S. generally accepted accounting principles. We also have audited, in accordance with the standards of the Public Company Accounting Oversight Board (United States) ( PCAOB), the Company's internal control over financial reporting as of December 31, 2018, based on criteria established in Internal Control - Integrated Framework issued by the Committee of Sponsoring Organizations of the Treadway Commission (2013 framework), and our report dated February 14, 2019 expressed an unqualified opinion thereon. Basis for Opinion These financial statements are the responsibility of the Company's management. Our responsibility is to express an opinion on the Company's financial statements based on our audits. We are a public accounting firm registered with the PCAOB and are required to be independent with respect to the Company in accordance with the U.S. federal securities laws and the applicable rules and regulations of the Securities and Exchange Commission and the PCAOB. We conducted our audits in accordance with the standards of the PCAOB. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement, whether due to error or fraud. Our audits included performing procedures to assess the risks of material misstatement of the financial statements, whether due to error or fraud, and performing procedures that respond to those risks. Such procedures included examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements. Our audits also included evaluating the accounting principles used and significant estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that our audits provide a reasonable basis for our opinion. We have served as the Company's auditor since 2002. Houston, Texas February 14, 2019 /s/ ERNST & YOUNG LLP Board of Commissioners - March 9, 2020 ITEM: 6 - 1 - 4 w WASTE MANAGEMENT Names and Titles of Officers Waste Management of Carolinas, Inc. Name Title Shrader, Tracey A. Director Tippy, Courtney A. Director Shrader, Tracey A. President Beck, Randy Vice President of Renewable Energy Carroll, Thomas G. Vice President Cramer, Patricia Vice President and Assistant Secretary Lockett, Mark A. Vice President and Assistant Treasurer Nagy, Leslie K. Vice President, Chief Financial Officer And Controller Reed, David L. Vice President and Treasurer Tindell, Bryan Vice President of Renewable Energy Tippy, Courtney A. Vice President and Secretary Tsai, S. John Vice 'President and Assistant General Counsel Wilson, James A. Vice President Bennett, Jeff Assistant Treasurer Foster, Janne C. Assistant Secretary Skoutelas, John S. Assistant Secretary Viola, Jeffrey M. Assistant Secretary Board of Commissioners -March 9, 2020 Think Green. ITEM: 6 - 1 - 5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 3/9/2020 Consent DEPARTMENT: County Attorney PRESENTER(S): Kemp Burpeau, Deputy County Attorney CONTACT(S): Kemp Burpeau and Joe Suleyman, Environmental Management Director SUBJECT: Second Reading: Approval of Solid Waste Franchise for Wall 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 decision to approve the current solid waste franchise agreement was considered against the implications of House Bill 56 and its impact on the county's ability to control the flow of solid waste. Staff believes that private solid waste collection companies will ultimately make post -2020 final disposal decisions based on two factors: price and convenience /location. The New Hanover County landfill is competitive in both areas and will continue to seek methods to control costs while offering cutting -edge services to the public. The initial franchise period would run for seven years. The first reading was approved 5 -0 on February 17, 2020. A second reading is required. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve franchise. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners - March 9, 2020 ITEM: 7 From: Burpeau. Kemi) To: Morgan, Diane Subject: FW: Information for franchise application Date: Monday, January 27, 2020 2:33:16 PM Attachments: image002.mci WALL RECYCLING EQUIPMENT LIST.xlsx Kemp Burpeau I County Attorney, Deputy County Attorney New Hanover County 230 Government Center Drive, Suite 125 Wilmington, INC 28403 (910) 798 -7121 p 1 (910) 798 -7157 f www.nhcgov.com From: Michael McCall <mmccall @wallrecycling.com> Sent: Tuesday, January 21, 2020 1:04 PM To: Burpeau, Kemp <KBurpeau @nhcgov.com> Cc: Lee Strickland <lee @wallrecycling.com> Subject: Information for franchise application Good afternoon Kemp Burpeau, Below / attached is the required for information for franchise agreement for NHC. Please let me know if I can assist with anything further. 1) WALL RECYCLING, LLC 2310 Garner Rd Raleigh INC, 27610 (main Facility) Wall Recycling is a North Carolina recycling company operating Roll -off trucks, front load trucks, recycling metal and operating two C &D recycling facilities. We also operate 7 locations throughout NC. Visit our website from more info at www.wallrecycling.com 2) Attached is the equipment list. 3) Wall Recycling currently employees 170 employees. 4) Our company has over 16 year of experience in the trash industry with his managers having a combined experience of 50 + years in waste industry. 5) Audited financial statements are attached. Best Regards, Michael McCall, CPA Chief Financial Officer Wall Recycling, LLC Board of Commissioners - March 9, 2020 ITEM: 7 - 1 - 1 The Triangle's largest Office: (919) 582 -7777 x116 Fax: (919) 828 -7649 recycling company. rY mccall(@ allRecycling.com This email may contain material that is confidential and proprietary to Wall Recycling, and is for the sole use of the intended recipient. Unless stated to the contrary, any opinions or comments are personal to the writer and do not represent the official view of the company. Any review, reliance or distribution by others or forwarding without express permission is strictly prohibited. If you are not the intended recipient, please contact the sender and delete all copies. Board of Commissioners - March 9, 2020 ITEM: 7 - 1 - 2 WALL RECYCLING EQUIPMENT LIST VIN# MODEL LIC # TRUCK # SERVICE TRUCKS 2014 FORD (BLACK) 1FTFW1ET2EKD23141 F -150 EHW -8286 BLACK 2017 FORD F250 (DAN) 1FT7W2BT6HEF29502 F -250 JJ2247 GRAY 2011 FORD (RALEIGH) 1FTMFlCMlBKD59790 F -150 DX -4727 WHITE 2006 FORD 1FDWF37P96ECO9807 F -350 EY -5860 33 2005 FORD 3FRNF65E75V215372 F -650 YA134043 8 2004 FORD 1FDXX47PX4EB46091 F -450 JJ -2380 42 2011 NISSAN 1N6BDOT2BC423866 GU713 FBC5460 35 2008 FORD F250 XL 1FTSF20R38ED50609 F -250 CR -3794 WHITE 2008 FORD F550 XL CRANE 1FDAF56R68EA55102 F -550 JJ2242 38 2000 FORD SERVICE (RED) 1FTWW32F5YEE36627 F -350 DA -1893 NOT 2018 MACK 1M2AX04C2JM037884 GU713 YA121204 41 ROLLOFFS 1998 FORD 1FDXF80C2WVA07903 F800 FD6490 28 2017 MACK 1M2AX04C2HM033781 GU713 YA130792 9 2003 VOLVO 4V5KC9UF93N348471 ISMU YA132038 12 2017 MACK 1M2AX07C5HM032975 GU713 YA134042 33 2017 MACK 1M2AX07C6HM032984 GU713 YA134043 8 2017 MACK 1M2AX04C1HM035862 GU713 YA134070 42 2018 MACK 1M2AX04C3JM037084 GU713 YA129681 35 2018 MACK 1M2AX04C8JM037419 GU713 YA134065 37 2018 MACK 1M2AX04C6JM037418 GU713 YA134064 38 2018 MACK 1M2AX04C6JM037886 GU713 YA130724 40 2018 MACK 1M2AX04C2JM037884 GU713 YA121204 41 2018 MACK 1M2AX04C4JM037420 GU713 YA121200 39 2017 HINO 5PVNJ8JV5H4564640 258 HL7673 34 2006 INTERNATIONAL 1 HTN NAAL26H 179790 J M 1814 1995 MACK 1M2P264C3SM018225 RD6905 YA001256 3 TRACTORS 2015 PETERBILT WET KIT 1XPBD49X8FD254849 579 YA132487 22 2015 PETERBILT WET KIT 1XPCDP9X1FD306439 YA132486 24 2007 STERLING BLUE 2FWJA3DE17AY12284 YA121221 20 2009 MACK PINNACLE WHITE 1M1AW02Y29NO6095 CXU613 YA148823 2005 STERLING 14L GREEN 2FWJA3CK55AV82704 YARD TRUCK 2012 PETERBILT Rnnrd c)f (-nmmm-.-Onl,rlX RAPPh46A9423393 I I YA134023 23 ITEM: 7 - 2 - 1 2005 INTERNATIONAL I 1HSHXAHRX5J001186 I IYA1277521 25 ARTICULATED DUMP TRUCKS DJB D35 ARTICULATED DUMP TRUCK 35DT6190 YA128037 19 NEW TRUCKS AND TRAILERS 2012 INTERNATIONAL PRO STAR DAY CAB TRACTOR 1HSDJSJR7CJ557789 APEX YA144810 2000 INTERNATIONAL FRONT LOAD 2004 STERLING LT9500 DAY CAB TRACTOR 2FWJAZCV44AN57758 RAL 2019 MACK FRONT LOAD 2013 MACK CXU613 DAY CAB TRACTOR 1M1AW02Y2DM033182 RAL 2007 AUTOCAR WITH EZ PACK FRONTLOAD 2005 INTERNATIONAL 4300 REFRIGERATED TRUCK 1HTMMAAN851-1109730 RAL ON YARD 2008 AUTOCAR XPEDITOR WX FRONTLOAD 2007 PETERBILT 357 FIVE AXLE DUMP TRUCK 1NPALUEXX7D663256 APEX YA144893 2003 CRANE CARRIER 2009 JMH J45990BMAH T/A END DUMP TRAILER 1J9BH402791070939 RAL AJ75900 2018 RAMPANT TRAILER 2011 JMH J4094CBMAH T/A END DUMP TRAILER 1J9AH4026131070996 RAL AJ19430 8 YD FRONTLOAD CONTAINERS (83) 2000 INTERNATIONAL 1HTSCAAM4YH289441 RAL 2 YD FRONTLOAD CONTAINERS (2) 2005 STEC TRAILER 5EWWA452851253955 RAL AH84739 4 YD FRONTLOAD CONTAINERS (3) 2005 STEC TRAILER 5EWWA452851253956 RAL AH84738 6 YD FRONTLOAD CONTAINERS (7) 2009 JMH J4599CBMAH T/A END DUMP TRAILER 1J9AH452891070940 RAL AJ19429 2009 JMH J45990BMAH END DUMP TRAILER 1J9AH452891070941 RAL AJ39062 2005 CLEMENT END DUMP TRAILER 5C2BB40B75M004379 RAL 1998 TRAILMOBILE 1PT03DBS8W9007635 2018 MACK 1M2AX07C4JM038482 ROLLOFF RENTAL FRONTLOAD 1998 MACK FRONT LOAD MR 1M2K195C8WM010897 YA128037 19 2004 MACK FRONT LOAD DELIVERY 1M2K189CX4M025015 YA142066 13 2000 INTERNATIONAL FRONT LOAD 1HTSCAALXYH253485 HY2761 2019 MACK FRONT LOAD 1M2TE2GC5KM001100 2007 AUTOCAR WITH EZ PACK FRONTLOAD 5VCDC6MF37H2O3974 YA144822 2008 AUTOCAR XPEDITOR WX FRONTLOAD 5VCDC6BE08H2O6679 YA144857 2003 CRANE CARRIER 1CYCAK4893TO45980 HH7492 2018 RAMPANT TRAILER 5SPTT2223JW81<1194 AH70802 8 YD FRONTLOAD CONTAINERS (83) 2 YD FRONTLOAD CONTAINERS (2) 4 YD FRONTLOAD CONTAINERS (3) 6 YD FRONTLOAD CONTAINERS (7) TRAILERS Board of Commissioners - March 9, 2020 ITEM: 7 - 2 - 2 2018 MAC WALKING FLOOR 5MAMN4827JW041104 AF66353 2001 SUMMIT WALKING FLOOR 109 YARDS 158AL452410010699 AF31198 2000 PEERLESS C -PEER SDS -45 CHIM TRL 103 YARDS 1PLE04527YPA31231 AF73577 2018 EAST GENESIS UNLOADER TRAILER 1E1U2Y284JR060585 CJ55069 1996 FONTAIN 50 TON LOWBOY 4LFR4739T3505090 AB82370 1973 HOBB TRI -AXLE DUMP TRAILER 21FHP364901 AE90060 1973 RODG TRAILER THPG40DSF BX61001 (1) SEA CONTAINER 20FT 13171C1742F (3) SEA CONTAINER 40 FT 2000 MAC WALKING FLOOR 5MAMN4733YC002726 AF31199 1998 EAST WALKING FLOOR 1E1U1Y287WRE25533 AD76617 1997 ACE TRAILER 1A9SS2846V1169001 AF92090 1998 TRAILMOBILE T/A WALKING FLOOR 1PT03DBS8W9007635 1 BOX TRAILER 1979 MONTONE T27285460 ROLL OFF CONTAINERS 7912317 (32) 10 YD CONTAINERS (49) 15 YD CONTAINERS (167) 20 YD CONTAINERS (350) 30 YD CONTAINERS (59) 40 YD CONTAINERS (15) COMPACTORS /RECEIVERS (7) PINNACLE 40 YD RECEIVERS 1985 HYSTER C612B VIBRATORY PADFOOT COMPACTOR 13171C1742F 1 FLAT BEDS (40) CONCRETE WASHOUT CONTAINERS 1 CLOSED STORAGE ROLL OFF CONTAINER Board of Commissioners - March 9, 2020 ITEM: 7 - 2 - 3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 3/9/2020 Consent DEPARTMENT: Health and Human Services PRESENTER(S): Phillip Tarte, Health Director CONTACT(S): Phillip Tarte SUBJECT: Adoption of a Resolution Supporting New Methyl Bromide Regulations BRIEF SUMMARY. Health and Human Services has created the following resolution for consideration, proposing new regulations governing the use of Methyl Bromide for log fumigation. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resolution. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners - March 9, 2020 ITEM: 8 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION SUPPORTING NEW METHYL BROMIDE REGULATIONS WHEREAS, the North Carolina Division of Air Quality has proposed new regulations governing the use of Methyl Bromide for log fumigation; and WHEREAS, Methyl Bromide is a potent hazardous air pollutant capable of traveling long distances from fumigation sites affecting public health; and WHEREAS, under existing regulations, after the fumigation is completed, Methyl Bromide is allowed to freely disperse into open air without treatment; and WHEREAS, existing fumigation centers may be located in close proximity to neighborhoods and commercial centers; and WHEREAS, the North Carolina Division of Air Quality after in depth consultation with the NC Secretary's Science Advisory Board has determined that present regulations regarding the use of Methyl Bromide in log fumigation are not protective of the public health; and WHEREAS, extensive medical research has shown exposure to Methyl Bromide may have serious negative health effects for workers and adjacent populations, on both acute and chronic time scales; and WHEREAS, specifically, the proposed regulations require an Acceptable Ambient Level (AAL) for Methyl Bromide not to exceed 0.005 mg /m3 annual averaged time, paired with 0.078 mg /m3 24 -hr averaging time; and WHEREAS, the NC Secretary's Science Advisory Board has concluded that these proposed regulations are scientifically sound, appropriate, and necessary at this time; and WHEREAS, these stated health concerns are especially important in New Hanover County having two Methyl Bromide log fumigation sites located in proximity to established neighborhoods and commercial centers. NOW, THEREFORE, BE IT RESOLVED, in the interest of the greater public welfare, the New Hanover County Board of County Commissioners fully supports the findings of the North Carolina Division of Air Quality and the NC Secretary's Science Advisory Board in these matters of utmost importance. ADOPTED this the 91h day of March, 2020. NEW HANOVER COUNTY Julia Olson - Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - March 9, 2020 ITEM: 8 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 3/9/2020 Consent DEPARTMENT: Health and Human Services PRESENTER(S): Phillip Tarte, Health Director CONTACT(S): Phillip Tarte SUBJECT: Adoption of a National Nutrition Month Proclamation BRIEF SUMMARY: Health and Human Services submitted a proclamation for consideration to recognize March 2020 as National Nutrition Month, promoting healthy eating for the citizens of New Hanover County. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners - March 9, 2020 ITEM: 9 NEW HANOVER COUNTY BOARD OF COMMISSIONERS NATIONAL NUTRITION MONTH PROCLAMATION WHEREAS, food is the substance by which life is sustained; and WHEREAS, the type, quality, and amount of food that individuals consume each day plays a vital role in their overall health and physical fitness; and WHEREAS, there is a need for continuing nutrition education and a wide -scale effort to enhance healthy eating practices; and WHEREAS, choosing nutritious foods and getting enough physical activity can make a significant difference in your health; and WHEREAS, this year's theme, "Eat Right, Bite by Bite" promotes eating a variety of nutritious foods every day and planning and creating healthful meals each week. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that March 2020 will be recognized as "National Nutrition Month" in New Hanover County. ADOPTED this the 91" day of March, 2020. NEW HANOVER COUNTY Julia Olson - Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - March 9, 2020 ITEM: 9 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 3/9/2020 Consent DEPARTMENT: Environmental Management PRESENTER(S): Joe Suleyman, Environmental Management Director CONTACT(S): Joe Suleyman SUBJECT: Adoption of a Resolution for Award of Bid for the Partial Closure of Landfill Cells 2 -6E BRIEF SUMMARY: A bid was advertised for the partial closure of a total of 13.4 acres in landfill cells 2 -6E. On February 18, 2020 at 2:00 PM, bids were received in response to the original solicitation released on January 12, 2020. Unfortunately, while there were 3 bids presented at the bid opening, only 2 of the 3 were from pre - qualified bidders. According to the County's Prequalification Ordinance, "a bid will not be opened unless the bidder has prequalified and has been found to be acceptable to the county, as authorized by 1991 Session Laws, chapter 117." Therefore, only 2 bids were counted, requiring the county to re- advertise as stated in GS 143.1- 132(a). The bid was re- advertised for a period of seven (7) days, and on Thursday, February 27, 2020, a total of three (3) prequalified bids were received and opened. A summary of the bids is included in the attached Resolution Authorizing a Contract for the Partial Closure of Landfill Cells 2 -6E. The attached bidder qualification review letter was received from SCS Engineers P.C., the consulting engineer firm assisting staff with the bid evaluation. The capital project ordinance for the Landfill Northern Property Closure was adopted on April 8, 2013. There are sufficient funds available in the Northern Property Closure capital project fund for payment of this contract to partially close landfill cells 2 -6E. The lowest responsible bidder for the project is Wells Brothers Construction Company, Inc., at a bid amount of $5,967,047.00. Staff recommends the approval of the award of the contract for the partial closure of landfill cells 2 -6E to Wells Brothers Construction Company, Inc., at a cost of $5,967,047.00. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt a resolution authorizing the award of the contract for the partial closure of landfill cells 2 -6E to Wells Brothers Construction Company, Inc., at a cost of $5,967,047.00, and authorize and direct the county to negotiate and execute a contract, the form of which shall be approved by the County Attorney. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. Board of Commissioners - March 9, 2020 ITEM: 10 COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners - March 9, 2020 ITEM: 10 SCS ENGINEERS- Environmental Consulting & Contracting 1. February 28, 2020 File No. 09218086.02 Mr. Joe Suleyman 3002 US Highway 421 North Wilmington, NC 28401 Subject. Bidder Qualification Review Cells 2 -6E Partial Closure Phase 3 New Hanover County, NC Bid No. 20 -0298 Dear Mr. Suleyman: SCS Engineers, PC, (SCS) reviewed the accepted bids for New Hanover County Cells 2 -6E Partial Closure Phase 3 in order to determine if the bidders demonstrated that they possess the required experience to bid on this project. Background 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. Bidders shall have successfully completed a minimum of 10.0 acres of Subtitle C or D landfill cell construction or landfill closure projects, including the installation of liner and piping components, within the last 5 years from the date of this bid advertisement. Bidders are to provide a list of references that will be contacted concerning the noted, experience, quality of WORK, timeliness of completion of project(s), and efficiency of administrative processes. 3. To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit, following receipt of written request by COUNTY, information including, but not limited to, financial data, previous experience including references for similar projects and evidence of authority to conduct business in the jurisdiction where the Project is located. This information must be received by COUNTY within ten days of Bidder receiving the written request. Submittals requested pursuant to this paragraph are in addition to those required elsewhere. Additionally, note that all bidders must be registered through the New Hanover County Attorney's Office. 4. 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. Board of Commissioners - March 9, 2020 ITEM: 10-1 -1 Mr. Joe Suleyman February 28, 2020 Page 2 SCS Evaluation 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. Wells received two positive references and one negative. ES&J received three positive references and one did not respond. Wells submitted a letter from Aptim Government Solutions, LLC stating that they are not in arrears on payments. Wells listed Atlantic Lining Company Inc. as their installer but did not include information on current payments to them or a manufacturer in their bid package. ES&J listed Hallaton as their installer. However ES &J didn't provide any information on current payments to Hallaton or a manufacturer in their bid package. 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. Wells Brothers Construction is the apparent low bidder based on the bid values submitted and SCS concurs 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, fan S ck, P.E. Project Professional SCS Engineers, PC cc: Sam Hawes, New Hanover County Kim Roane, New Hanover County Bob Curtis, P.E. Senior Project Manager SCS Engineers, PC Encl. Bid Comparison: Cells 2 -6E Partial Closure Phase 3 Board of Commissioners - March 9, 2020 ITEM: 10- 1 - 2 ATTACHMENT A Bid Comparison: Cells 2 -6E Partial Closure Phase 3 Board of Commissioners - March 9, 2020 ITEM: 10- 1 - 3 Bid Comparison: Cells 2 -6E Partial Closure Phase 3 A. General Estimated Quantitv Units Unit Price Total Unit Price Total zation 1 LS $40,000.00 $40,000.00 $184,581.79 $184,581.79 bilization 1 L5 $40,000..00 $40,00 0.00 $4,519.24 $4,519.24 actor's Field Office 1 LS $20,00000 $20,000.00 $9,957.42 $9,957.42 er's Field Office 1AAd.inistr.ti.. 1 LS $50,000.00 $50,000.00 $13,135.32 $13,135.32 nee 1 LS $19,00000 $10,000.00 $13,241.25 $13,241.25 _ i LS $90,000 -00 $90,000.00 $66,206.25 $66,206.25 tion 1 LS $10,000.00 $10,000.00 $134,149.22 $134,149,22 nification 1 LS $10.00 $10.00 $10.00 $14,40 9 Trench Safe ty 1 $102020 $14.00 $10.110 - - $10:04 10 Aerial Photos 1 LS 520,000.00 $20,000.00 $6,156.56 $6,15656 11 Misce {laneous _ _ 1 LS $80,000.00 $50,00000 $44,122.04 $49,12204 B. 5urvey and Depth Checks Subtotal A= $360,020.00 Subtotal A= $481,089.09 1 Existing Conditions Survey 1 I LS $28,500.OD $28,544.00 $11,613.941 $11,613.94 2 Post Stripping Survey ] LS $28,500.00 $28,540.00 $4,002.091 $4,002.08 3 Top Intermediate Cover Survey 1 LS $28,599.00 $28,500.00 $4,002.08 $4,002.08 4 Top of Liner Surve 1 IS $28,50000 $28,500.00 $2,832.64 $2,832.64 5 Protective Cover Depth Checks 1 LS $28,509.00 $28,504.00 $4,Z89.771 $4,289.77 6 Final/Record Survey 1 LS $28,500.00 $28,500.04 $14,982.41 C. Temporary Erosion and Sedimentation Control Subtotal 8= $171,000.00 _$14,982.411 Subtotal 8= $41,72192 1'InstalGn Controls 1 lS $80,000.00 $60,000.00 $11,311.27 $11,311.27 2 Maintaining Controls 1 is $30,.200.00 $30,440.00 517,4518 4 $17,451.86 $17,4S1.8fi 3 Removing Controls 1 LS $30,DDO.001 $30,000.00 $2,505.371_ $2,505.37 0. Mulch Removal and Strf i Subtotal C= $140,000.00 Subtotal C= $31,268.50 1 Mulch Removal 1 LS $120,000.40 $120,000.00 $120,206.72 $120,206.72 2 Stripping 1 l5 $150,000.00 $150,000.00 $130,566.61 $130,566-81 E. ❑osure Subtotal D= $270,000.00 Subtotal D= $250,773.33 1 40 mil LLDPE Geomembrane 1 i5 $386,500.00 $386,500.00 $321,125.84 $321,12S.84 2 Geocomposite 1 LS 5687,750.00 $687,750.60 $651,376,69 $651,376.69 3 Seed and Mulch 5 At- $4,200.00 $21,000.00 $1,794.38 $8,971.90 4 GFFRSoillwa &Swales 1 LS $460,250.00 $460,250.00 $350,818 -91 $350,818.91 5 12" HDPE Downchutes 1 L5 x$183,000.00 $183,000.00 $77,539.91 $77,539.91 6 4" Tae Drain Pipes 1 LS $26oxo.OD $260,000.00 $124,347.18 W4,347.18 7 Bollards 1 LS $140,000.00 $140,000.00. $14,172 -83 $14,172.83 F. Offsite $oil, Delivery and Placement Subtotal E= $2,138,500.00 Subtotal E= $1,548,353.26 l Intermediate Cover 1 IS S858,625.00 $858,625.00 $672,556,56 $672,556.56 2 Protective Cover 1 LS $1,018,500.001 $1,078,509.00 $1,140,55205 $1,140,552.05 3 1 Topsoil 1 1 LS $386,735.001 $386,735 A0 $364,324.70 $364,324.70 415.d _ 1 04LS $358,0.00 $358,000.00 $461,586.67 $461,586.67 G. LEG Expansion Subtotal f= $2,681,860.00 Subtotal Fc $2,639,019.98 16 -in Diameter HDPE SDR -17 Pipe and Fittings 2823 LF $30.00 $84,690.00 $30.94 $87,343.62 2 8 -in Diameter HDPE SDR -17 Pipe and Fittings 771 LF $38.50 $29,683.50 $39.60 $30,531.60 3 12 -In Diameter HDPE SDR -17 Pipe and Fittings 1174 LF $88.50 $103,899.00 $51.58 $61,024.52 4 2 -in Diameter HDPE SDR -9 Air Pipe and Fittings 3942 LF $3.90 $11 „826.00 $3.09 $12,180.78 5 4 -in (5DR -11 ) by 8dn (SDR -17) Dual Containment Forcemain Pipe and Fittin 1210 LF $26.59 _ $32,06S.00 $27.23 $32,94830 6 3 -in ($DR -11) by 6 -in (5DR -17) Dual Containment Forcemain Pipe and Fittin 60 LF $3500 $2,100.00 $35.89 $2,153.40 7 4 -in ($DR -111 SiIn le Wall Forcemain Pipe and Fittings _ 722 LF $10.OD $7,220.00 $9.90 $7,147,80 813-in (SDR -111 Single Wali Forcemain Pipe and Fittings 1950 LF $5.00 $9,750.00 $4.95 $9,652.50 9 Corrugated Metal Pipe for LEG Pipe Casing 210 LF $90.00 $18,900.00 _ $92.81 $19,490.10 10 Dual Contamm-t Forcemain Pipe Cleanout 2 EA $6,600.00 $13,200.00 $6,B06.25 $13,612.50 11 Vertical LFG Extraction Well; includes Drilling, Soil Benching, Wei Pipe, Gat and Aggregate 417 LF $138.p0 $57,546.00 $142.31 $59,343.27 12 Well Casing Pipe Geomembrane Soot 12 EA $394 -OQ _$3,600.00 $618.75 $7,425.00 13 fi•in Landfilf Gas Valve Assembly 1 EA $4,500 -OD $4,500.00 $4,640.63 $4,540.63 I48 -in Landtilt Gas Valve Assembly 1 EA $5,175.00 $5,175.00 $5,321.25 55,321.25 1512 -in tandfill Gas Valve Assembly I EA $7,675.00 $7,675.00 $7,895.25 $7,895.25 1612-in Air Blow- off/Termnation Valve Assembly 5 EA $600.00 $3 000.00 $618,75 $3,093.75 17 44n Forcemain Isolation and Termination Valve Assembly 1 EA $975.00 $975.00 $990,00 $990.00 18 4 -in Forcemain 81ow- offand tsolation Valve Assembly 2 EA S3,025.00 $2,050.00 $1,051.88 $2,103.76 19 4 -in Forcemain Blowoff Valve Assembly 1 EA $1,025.00 $1,025.00 $1,051.88 $1,051.88 20 3 -in Forcemain Blowoff Valve Assembly 1 EA S975.00 $975.00 $993.001 21 Condensate Sump includin Pneumatic Pump 1 EA $42,150.00 $42,150.00 $43,459.76 $43.459.76 22 Vertical L €G Extraction Pump; including Dual Extraction Well Cap, Hosing, Fittings, and ConnecSon to Collection Piping 12 EA $7,800.00 $93,60000 $8,443.75 $ %,525.90 23 Leachate Cleanout Remote Wellhead including Cleanout Tie -in and Connection to Collection Pi ing 9 EA $3,600.00 $32,400.00 $3,712.50 $33,41250 H. Additional Items Subtotal G= $568,DO4.50 Subtotal G= $542,337.17 1 Waste Relacatian 10000 CY $10.40 $100,000.00 $19.54 $195,400.00 2 Cleanout Cap Replacement with Blind Range 5 EA $4,000,00 $20,pOROO $2,121.15 $10,605.75 3 6 -in Cleanout Extensions 26 EA $1,000.00 $26.040.00 $1,125.00 $29,250.00 4 8 -In Cleanout Extensions 5 EA $1,500.00 $7,500 -00 $1,338.34 $6,691.70 510 -In Cleanout Extensions _ 3 EA $2,500.00 $7,500.00 $1,984.85 $5,954.55 6 Leachate Seep Trench 1585 1F $30.00 $47,550.00 $75.98 $120,428.30 7 GFFR Spillway Repair 3 EA $10,600.00 531,800.00 $7,557.35 $22,672.05 8 1 eplace Flow Meters 5 EA $26,000.00 $100,000.00 $4,051.73 $20,258.65 9 Pump Station 2W Mis. Equipment & Pipe Replacement 1 LS $15,000.001 $15,000.00 $5,694.931 $5,694.93 10 Celt 6D Misc. Equipment & Pipe Replace ment 7 45 $15,000.00 $15,000.00 $5,694.93 $5,694.93 11 Cell 6C Misc. E ui ment & Pipe Replacement 1 L5 $15,000.00 $15,000.00 $5,694.93 $5,694.93 12 Leachate Seep Pipe Removal S L5 $12,00D.00 512,000.00 $4,136.96 $4,136.96 Subtotal H= $397,35000 total= $6,726,734.50 _ Subtotal H= $432,482.75 Ta al= 5 4fi7 047.00 Board of Commissioners - March 9, 2020 ITEM: 10- 1 - 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION AUTHORIZING A CONTRACT FOR THE PARTIAL CLOSURE OF LANDFILL CELLS 2 -6E WHEREAS, after due advertisement, bids were recorded by the Environmental Management Department at 2:00 p.m. on the 18th day of February, 2020, at the New Hanover County Environmental Management Department offices, 3002 U.S. Highway 421 N., Wilmington, North Carolina; and two (2) bids were received from pre - qualified bidders as per the County's Prequalification Ordinance. A subsequent re- advertisement resulted in the receipt of three (3) pre - qualified bids, opened and recorded by the Environmental Management Department at 2:00 p.m. on the 2711 day of February, 2020; and WHEREAS, the bid tabulation shown for the three (3) pre - qualified bidders includes the cost of the Partial Closure of Landfill Cells 2 -6E; and Bidder Bid Amount for Cells 2 -6E ES &J Enterprises, Inc. $6,726,734.50 Thalle Construction, Inc. $6,891,261.00 Wells Brothers Construction, Inc. $5,967,047.00 WHEREAS, of these three (3) qualified bidders, Wells Brothers Construction, Inc. submitted the lowest responsible bid for the Partial Closure of Landfill Cells 2 -6E in the amount of $5,967,047.00; and WHEREAS, a bid evaluation was completed by SCS Engineers P.C., determining that Wells Brothers Construction, Inc. 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 Northern Property Closure capital project fund. NOW, THEREFORE, BE IT RESOLVED, the New Hanover County Board of Commissioners hereby authorizes the award of the Partial Closure of Landfill Cells 2 -6E to Wells Brothers Construction, Inc., 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 9th day of March, 2020. ILI I X T iT A: Fe1►1631L71:11 : Z 4 L 001► I I V 1 Julia Olson- Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - March 9, 2020 ITEM: 10- 2 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 3/9/2020 Consent DEPARTMENT: Environmental Management PRESENTER(S): Joe Suleyman, Environmental Management Director CONTACT(S): Joe Suleyman SUBJECT: Denial of an Application for the Waiver of Landfill Tipping Fees for the City of Wilmington BRIEF SUMMARY: The Environmental Management Department has received an application from the City of Wilmington for a waiver of landfill tipping fees. The request is for the waiver of fees for up to 500 cubic yards of contaminated soils from the North Waterfront Park site in Wilmington. The total of fee waivers granted for the current fiscal year to date is $332,326. This request currently under consideration represents an estimated $24,000 in landfill tipping fees. Unfortunately, as a result of the contamination present in the soil, the material is unsuitable for use as an alternative daily cover for the landfill. Additionally, this fee waiver request falls outside the sources of requests the tip fee waiver program was originally intended to support. If this waiver were approved, it would establish a precedent for waiving fees for municipal projects county -wide, where the original intent was to waive fees from 501(c)(3)— related projects, county -owned facility projects (such as N HC Schools), and community cleanups. In light of the significant loss of revenue, the lack of beneficial use of the material, and the incompatibility with the intent of the program, the department does not recommend approval of this request for tipping fee waiver. RECOMMENDED MOTION AND REQUESTED ACTIONS: Denial of the request for the waiver of landfill tipping fees for the City of Wilmington (North Waterfront Park site). COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend denial. COMMISSIONERS' ACTIONS: Denied 4 -0. Board of Commissioners - March 9, 2020 ITEM: 11 APPLICATION FOR WAIVER OF TIPPING FEES This form should be completed and submitted to the Director of Environmental Management for consideration of a waiver of established tipping fees. The Director will review the application and make a recommendation to the Board of County Commissioners. Submit the completed form to: Joe Suleyman Director, Environmental Management 3002 US Highway 421 North Wilmington, NC 28401 SECTION ONE (To be completed by Applicant) Name of Organization: City of Wilmington Address: 102 N. 3rd Street PO Box 1810 Wilmington, NC 28402 Primary Contact: Mike Naklicki Phone: _ ( 910 341 _ 5897 Email Address: mike.naklicki@wilniingtonne.gov wilnringtonne.gov 1.) What is the mission of your organization? Utlr organization `s mission is to serge the citizens of the City of lViliningion. 2.) What type of set vices) do /does your organization provide to the residents of New Hanover County? The City provides the full range of services authorized by statute. This inclxdes police, fire, sanitation, streets, public improvements, planning and zoning, and general admif)lstralive services. The City also operates parking facilities, golf courses, arld provides storrutivatel- managenlent .services. Ill addition, the Cape Fear Pltblic Tian sportalion Authority, a cowponent trait, provides bus transit services inithin the City. 3.) Outline the necessity of this request and its impact on your organization: Removal and disposal of contaminated soils f -om 1he North 11"aterfront Park site ill [Phniugton gill provide a direct cost savings benefit to the citizens of the Cily of J171 lington. Board of Commissioners - March 9, 2020 ITEM: 11-1 -1 4.) Have tipping fees been waived in the past for this organization (circle one)? YES NO 5.) Please attach a copy of any documentation of your organization's IRS status rV /A 6.) What waste removal/hauling company wilt be transporting your waste? Funston Company and Alan Baxley Trucking 3.) What is the estimated amount (in tons or cubic yards) of expected waste generation? Tons OR 500 Cubic Yards 8.) Check type(s) of waste: `Garbage or refuse X Construction waste _Bulky waste (mattresses, furniture, etc.) I hereby certify that the information above is trite and accurate, andthaat I tint authorized by my organization to submit this request on its behalf. I also etndersta nd that it is my organization's responsibility to ensure that no hazardous or prohibited wastes will be alisposed of. Signature: A� 1, Uc-*� Date: 'Sterling Cheathmn City Manager SECTION TWO (To be completed by NHC DEM) I have revicived lire 1�pin ee and RECOMMEN / DO NOT RECOMMEND a proval 'circle one). Signature: Cc: NHC Lanalfill ltlgr. Clerk to the Board Board of Commissioners - March 9, 2020 ITEM: 11- 1 - 2 Date: Z-/,o - 2A?_ -Q NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 3/9/2020 Consent DEPARTMENT: Tax PRESENTER(S): Trina Lewis, Collections Supervisor CONTACT(S): Trina Lewis SUBJECT: Approval of January 2020 Tax Collection Reports BRIEF SUMMARY: NCGS 105 -350 requires the Tax Collector to submit a report showing the amount of taxes collected. Overall Collection Percentages for January 2020 are slightly behind collections for January 2019. We have had an increase of payment arrangements for our tax year 2019 versus our 2018 tax year. The report for January 2020 in comparison to January 2019 is as follows: New Hanover County January 2020 January 2019 Real Property 97.01% 98.02% Personal Property 91.76% 92.39% Motor Vehicle 100.00% 100.00% Overall Collection Rate 96.68% 97.62% Total Collected YTD $162,567,273.07 $161,226,267.36 New Hanover County Debt Service January 2020 January 2019 Real Property 96.82% 97.28% Personal Property 91.75% 93.23% Motor Vehicle 100.00% 100.00% Overall Collection Rate 96.52% 97.04% Total Collected YTD $21,389,571.40 $21,069,885.22 Grand Total Collected YTD $183,956,844.47 $182,296,152.58 New Hanover County Fire District January 2020 January 2019 Real Property 96.76% 97.44% Personal Property 94.48% 93.91% Motor Vehicle 100.00% 100.00% Overall Collection Rate 96.66% 97.22% Total Collected YTD $10,180,453.72 $9,768,759.55 RECOMMENDED MOTION AND REQUESTED ACTIONS: Board of Commissioners - March 9, 2020 ITEM: 12 Approve the reports. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners - March 9, 2020 ITEM: 12 New Hanover County Monthly Collection Report for January 2020 Current Year 2019 -2020 Scroll /Billed Abatements Adjustments Real Estate Personal Property Motor Vehicles Combined $ 146,571,779.81 $ (57,123.68) $ 10,162.95 $ 14,525,666.08 $ (195,890.80) $ 286,154.72 $ 6,884,849.45 $ $ $ 167,982,295.34 (253,014.48) 296,317.67 Total Taxes Charged Collections to Date *Refunds Write -off $ $ $ $ 146,524,819.08 142,566,910.17 422,221.14 (156.24) $ $ $ $ 14,615,930.00 13,420,023.74 9,250.60 (1,157.66) $ $ 6,884,849.45 6,884,849.45 $ $ $ $ 168,025,598.53 162,871,783.36 431,471.74 (1,313.90) Outstanding Balance $ 4,379,973.81 $ 1,203,999.20 $ - $ 5,583,973.01 Collection Percentage 97.01 926.74 91.76 $ 100.00 $ 96.68 YTD Interest Collected $ 64,347.50 $ 4,878.98 $ 57,734.97 $ 126,961.45 $ 2,351.12 $ 495,017.64 *Refunds $ 31,955.24 $ 7,603.21 Total 2019 -2020 Collections YTD 162,567,273.07 Prior Years 2009 -2018 Real Estate Personal Property Motor Vehicles Combined Scroll $ 1,461,488.76 $ 4,153,832.71 $ 497,337.43 $ 6,112,658.90 Abatements $ (7,796.26) $ (46,487.40) $ - $ (54,283.66) Adjustments $ - $ 926.74 $ 926.74 Total Levy $ 1,453,692.50 $ 4,108,272.05 $ 497,337.43 $ 6,059,301.98 Collections to Date $ 369,550.00 $ 123,116.52 $ 2,351.12 $ 495,017.64 *Refunds $ 31,955.24 $ 7,603.21 $ 716.23 $ 40,274.68 Write -off $ (22,276.81) $ (172,826.79) $ (90,505.47) $ (285,609.07) Outstanding Balance $ 1,093,820.93 $ 3,819,931.95 $ 405,197.07 $ 5,318,949.95 YTD Interest Collected $ 56,240.01 $ 20,814.86 $ 1,221.75 $ 78,276.62 Total Prior Year Collections YTD 533,019.58 Grand Total All Collections YTD $163,100,292.65 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - March 9, 2020 ITEM: 12- 1 - 1 New Hanover County Debt Service Monthly Collection Report for January 2020 Current Year 2019 -2020 Total 2019 -2020 Collections YTD $ 21,389,571.40 Prior Years 2009 -2018 Real Estate Personal Property Motor Vehicles Motor Vehicles Combined Combined Scroll /Billed $ 19,340,353.90 $ 1,907,234.89 $ 908,320.25 $ 22,155,909.04 Abatements $ (7,538.00) $ (25,849.80) $ - $ (33,387.80) Adjustments $ 1,341.07 $ 37,761.00 $ - $ 39,102.07 Total Taxes Charged $ 19,334,156.97 $ 1,919,146.09 $ 908,320.25 $ 22,161,623.31 Collections to Date $ 18,720,606.83 $ 1,760,644.32 $ 908,320.25 $ 21,389,571.40 *Refunds $ 589.73 $ 26.47 $ (18.06) $ 616.20 Write -off $ (34.28) $ (157.86) 189,724.62 $ $ (192.14) Outstanding Balance $ 614,105.59 $ 158,370.38 $ - $ 771,859.77 Collection Percentage 96.82 91.75 100.00 96.52 YTD Interest Collected $ 8,465.94 $ 642.32 $ 7,549.70 Total 2019 -2020 Collections YTD $ 21,389,571.40 Prior Years 2009 -2018 Total Prior Year Collections YTD *Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - March 9, 2020 ITEM: 12- 2 - 1 $ 53,291.31 Real Estate Personal Property Motor Vehicles Combined $ 125,470.73 $ 202,521.88 $ $ 327,992.61 Scroll Abatements $ (770.78) $ (3,999.38) $ (4,770.16) Adjustments $ 122.29 $ 122.29 Total Levy $ 124,699.95 $ 198,644.79 $ $ 323,344.74 Collections to Date $ 39,103.98 $ 9,848.13 $ $ 48,952.11 *Refunds $ 459.59 $ 946.02 $ $ 1,405.61 Write -off $ (10.06) $ (18.06) $ $ (28.12) Outstanding Balance $ 86,045.50 $ 189,724.62 $ $ 275,770.12 YTD Interest Collected $ 4,599.81 $ 1,145.00 1 $ $ 5,744.81 Total Prior Year Collections YTD *Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - March 9, 2020 ITEM: 12- 2 - 1 $ 53,291.31 New Hanover County Fire District Monthly Collection Report for January 2020 Current Year 2019 -2020 Scroll /Billed Abatements Adjustments Real Estate Personal Property Motor Vehicles Combined $ 8,768,856.40 $ (1,466.50) $ 5,408.79 $ 1,224,281.14 $ 2,117.25 $ 199.53 $ 525,180.46 $ $ $ 10,518,318.00 650.75 5,608.32 Total Taxes Charged Collections to Date *Refunds Write -off $ $ $ $ 8,772,798.69 8,488,895.65 73.70 (23.89) $ $ $ $ 1,226,597.92 1,158,742.49 2.78 (111.31) $ $ 525,180.46 525,180.46 $ $ $ $ 10,524,577.07 10,172,818.60 76.48 (135.20) Outstanding Balance $ 283,952.85 $ 67,746.90 $ - $ 351,699.75 Collection Percentage 96.76 136.29 94.48 $ 100.00 $ 96.66 YTD Interest Collected $ 3,200.86 $ 264.34 $ 4,246.40 $ 7,711.60 $ 78.56 $ 23,204.65 *Refunds $ - $ 959.37 Total 2019 -2020 Collections YTD 10,180,453.72 Prior Years 2009 -2018 Real Estate Personal Property Motor Vehicles Combined Scroll $ 81,964.20 $ 227,599.09 $ 28,922.46 $ 338,485.75 Abatements $ (1,150.61) $ (2,626.94) $ (3,777.55) Adjustments $ 136.29 $ 136.29 Total Levy $ 80,813.59 $ 225,108.44 $ 28,922.46 $ 334,844.49 Collections to Date $ 16,631.60 $ 6,494.49 $ 78.56 $ 23,204.65 *Refunds $ - $ 959.37 $ 959.37 Write -off $ (772.12) $ (8,788.74) $ (4,601.66) $ (14,162.52) Outstanding Balance $ 63,409.87 $ 210,784.58 $ 24,242.24 $ 298,436.69 YTD Interest Collected $ 2,913.95 $ 992.06 $ 60.65 $ 3,966.66 Total Prior Year Collections YTD 27,171.31 Grand Total All Collections YTD $ 10,207,625.03 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - March 9, 2020 ITEM: 12- 3 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 3/9/2020 Regular Emergency Steven Still, Emergency Management Director; Lisa Brown, DEPARTMENT: Management PRESENTER(S): Preparedness Coordinator; and Kate Oelslager, Community & Outreach Coordinator CONTACT(S): Steven Still, Lisa Brown and Kate Oelslager SUBJECT: Update on COVID -19 BRIEF SUMMARY: An Update on Novel Coronavirus Disease (COVI D -19) will be presented by New Hanover County's team. RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear presentation. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Hear presentation. COMMISSIONERS' ACTIONS: Heard presentation. Board of Commissioners - March 9, 2020 ITEM: 13 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 3/9/2020 Regular DEPARTMENT: Budget PRESENTER(S): Mary Hazel Small, CFO NHCS CONTACT(S): Sheryl Kelly, Budget Officer SUBJECT: Consideration of 2019 -20 Board of Education Budget Amendment #3 BRIEF SUMMARY: At its February 4, 2020 meeting, the New Hanover County Board of Education approved 2019 -20 Budget Amendment #3, which: • Transfers $1,506,994 in savings from the following bond projects: Porter's Neck Elementary School ($529,953); College Park Elementary School Replacement ($134,870); Blair Elementary School Replacement ($238,403); Hoggard High School Additions and Renovations ($78,139); New Hanover High School Renovations ($50,000); Myrtle Grove Middle School Renovations ($93,704); Veterans Park Roof Coating ($116,458); Laney Abatement /Carpet Replacement ($22,370); HVAC and Controls Improvements at Various Schools ($230,856); and Moving Modular Units ($12,241). • Transfers $1,506,994 to the following bond projects and for the following purposes: relocation of mobile units and unforeseen site and structural conditions at Roland -Grise Middle School ($300,000); roof replacement at Noble Middle School ($750,000); asbestos abatement at Hoggard High School ($70,000); additional roof area for New Hanover High School roofing project ($22,000); additional mobile unit at Ashley High School ($350,000); and $14,994 for Contingency. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend approval of 2019 -20 Board of Education Budget Amendment #3. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners - March 9, 2020 ITEM: 14 Capital Outlay February 4, 2020 Cumulative Budget Summary: Budget Resolution I Amendment #3 Revised Budget i'urpose i=arrc60n: Instructional services: Regular Instruction i $ - 221,383 $ 221,383 Special Populations _ _ _ - 11,300 11,300 Alternative Programs - - - School Leadership - Co- Curricular School -Based Support I I - subtotal $ - $ 232,683 $ 232,683 System -wide support services: Support and Development $ $ - $ - Special Population Support and Development - - Alternative Program Support and Development - - Technology Support 3,539,798 - 3,539,798 Operational Support 1,108,122 924,095 2,032,217 Financial and Human Resources - - - Accountability - System -Wide Pupil Support - Policy, Leadership and Public Relations subtotal $ 4,647,920 $ 924,095 $ 5,572,015 Ancillary: Community Services { $ - $ - $ - Nutrition Services - subtotal I $ - I $ I $ - Capital Outlay: Capital Outlay $ 47,542,882 $ (232,683) $ 47,310,198 Non - programmed charges: Payments to Other Governments $ - $ $ - Unbudgeted & Indirect Cost - - - Transfer to Other Funds - - Scholarships - - - subtotal $ - $ $ - Total Appropriation $ 52,190,802 $ 924,095 $ 53,114,897 Revenue Source: Federal Sources $ $ - $ - Food Sales - Fund Balance Appropriation 1,123,500 1,650,861 2,774,361 New Hanover County 46,362,194 (1,650,861) 44,711,333 Other Revenues L - - - State Sources 4,705,108 G 924,095 5,629,203 Transfer from Other Funds - - - Total Revenue $ 52,190,802 $ 924,095 ' $ 53,114,897 Explanation: Bond savings transfer totaling $1,506,994.06 to add additional mobile unit at Ashley ($350,000), and expand scope of other projects as follows: Asbestos abatement at Hoggard ($70,000), Roof replacement at Noble ($750,000), add additional roof area to NHHS roofing project ($22,000), and added cost for relocation of mobile units and unforeseen site and structural conditions at Roland -Grise ($300,000), with remaining $14,994 06 to bond contingency Also correcting purpose and revenue codes for carryover in BA #1: Instructional and Administrative line items were included in the general capital outlay purpose, and county funds received in prior years for on -going projects should have been included in FB appropriation. Board of Commissioners - March 9, 2020 ITEM: 14- 1 - 1 Capital Outlay Project Summary Budget by Funding Source and Project #: Funding Sourcel Project Budget Revised Project # Program Project Description (Multi -Year) Current Budget Amendment 113 Budget * Projects with Multiple Funding Sources (See chart below) PSBCF - Lottery Revenue: 9170 16 076 9188 18 076 9189.18 076 9189.19 076 9189.20 076 9190.18 076 9205.19 076 9207.19 076 9208.19 076 9209.19 076 9210.19 076 9211 19 076 9212.19 076 9213.19 076 9216.20 076 922020 076 DPI School Bus Revenue: 6550.00 120 County Capital Appropriation: 5110.19 816 5400 19 816 6401 23 816 6401 26 816 6401 27 816 6401 28 816 6401 32 816 6580.19 816 9158 17 816 9184 18 816 9189 19 816 9196 18 816 9203 19120 816 9206 19 816 9189.20 816 9199.20 816 9200.20 816 9201.20 816 9202.20 816 9202.20 816 920420 816 9205.20 816 9214.20 816 Bellamy & Murray Traffic Improvements Bellamy - Datallote Cabling SeaTech School Design SeaTech - Phase II* SeaTech - Phase III` Eaton & Codington - Ethernet Cabling Painting - Various Locations Sunset Park - Ceiling Tile Repl - Design NHHS - Geo West Underground Cabling Electrical Upgrades - Various - Design Lighting Upgrades - Various Wrigtsboro - Heat Pump Repl Veterans Park - Boiler Repl - Design Alderman HVAC Replacement - Phase I Laney Cooling Tower MEAC Upgrades` School Bus Leases (DPI) Classroom Furnture School Office Furniture Laptop Replacements* Vol P Desktop Replacements* Server Replacements Classroom Projection Devices Maintenance Equipment Sidbury Road Complex Howe Window Replacement Phase 11 SeaTech Renovations' Prek Updgrades for Mosley Parking Lot Impr @ Johnson Hurricane Florence Repairs* SeaTech - Phase III * NHHS Field House Sealing Johnson WindowlDoor Replacement CN Electrical Upgrades JC Roe Building Repairs (project cancelled) Seclusion Rooms at various sites Winter Park Playground Equipment Painting of Pine Valley and Williston Mobile Replacement at Bellamy 9215.20 816 Mobile Unit Lease 9218.20 816 Playground Equipment Replacement 922020 816 MEAC Upgrades" County Interlocal Sales Tax Refund (Bond Related): 6401.27 817 Desktop Replacements" 9181 19 817 Access Control System Upgrades 80,034 42,030 42,030 114,000 27,072 27,072 400,000 7-5,752 76,752 1,415,200 634,174 634,174 1,213,900 1,213,900 1,213,900 239,000 145,216 145,216 216,000 216,000 216,000 25,500 25,500 25,500 35,640 35,640 35,640 18,000 18,000 18,000 58,000 106,379 106,379 52,500 290,602 290,602 110,000 40,215 40215 265,000 118,229 118,229 585,000 585,000 585,000 86,100 86,100 86,100 4,913,874 3,660,808 3,660,808 2,635,379 1,044,300 924,095 1,968,395 227,200 221,383 221,383 11,300 11,300 11,300 1,280,190 1,280,190 1,280,190 190,000 6,228 6,228 491,100 231,681 231,681 290,000 83,100 83,100 660,000 660,000 660,000 15,000 10,722 10,722 598,341 11,345 11,345 350,000 60,833 60,833 103,318 103,318 103,318 100,000 3,622 3,622 3,452 68,274 68,274 901,200 901,200 901,200 300,000 300,000 300,000 84,000 84,000 84,000 455,000 455,000 455,000 68,000 68,000 68,000 - 35,000 35,000 35,000 - - 50,000 50,000 50,000 75,000 75,000 75,000 160,000 160,000 160,000 115,100 115,100 115,100 234,000 234,000 234,000 113,900 113,900 113,900 6,911,101 5,343,196 5,343,196 208,200 208,200 208,200 365,000 365,000 365,000 Board of Commissioners - March 9, 2020 ITEM: 14- 1 - 2 918919 817 Phase II SeaTech Renovations` 33,442 33,442 33,442 9206.19 817 Hurricane Florence Repairs' 204,000 107,077 107,077 9215.20 817 Mobile Unit Lease 44,900 44,900 44,900 9219.20 817 Innovative Classroom at Bradley Creek 100,000 100,000 100,000 268,500 268,500 955,542 858,619 858,619 Fund Balance Appropriation: 6401.23 818 640124 818 640126 818 640127 8.18 640129 818 6401.30 818 6401 31 818 6550.30 818 2014 Bond Program: 900101 9002.03 9003-05 9004,06 9005.08 9006.09 9007 10 9008 11 9009 12 901013 9011 14 9012.07 9013.07 9014.07 9015.04 901704 9018.04 9019.04 9020.04 9022.04 9027.04 9028,04 902904 9030 -04 9034.04 9035.04 9036.04 9037.04 9038.04 9039,04 9040.04 9041.15 9042 16 904304 904404 9045.04 904604 9047.17 900 900 900 900 900 900 900 900 900 900 900 900 900 900 900 900 900 900 900 900 900 900 900 900 900 900 900 900 900 900 900 900 900 900 900 900 900 900 Laptop Replacements' Ipad Replacements VoIP - Phase Il Desktop Replacements" Laptop Carts LCD Monitor Replacements F'irewail and Management System Vehicle Replacement Porter's Neck ES Coltege Park ES RnImt Blair ES Rplmt Laney HS Addns & Renovns Hoggard HS Addns & Renovns New Hanover HS Renovns Roland Grise MS Renovns Noble MS Renovns Trask MS Renovns Myrtle Grove MS Renovns Wrightsville Beach ES Addns & Renovns Technology - Network Infrastructure Technology - Security Cameras Technology - VoIP Core InfrastrlEquip Sunset Park Roof Rplmt Trask Roof Rptmt Laney Roof Rplmt Johnson Roof Rplmt Hoggard HS Roof Rplmt Pine Valley Roof Rplmt Veterans Park Roof Coating Noble AbmVCarpet Rplmt Hoggard Abmt/Carpet Rplmt Laney Abmt/Carpt Rplmt Codinglon HVAC Imprmts Eaton HVAC Imprmts Veterans Park HVAC Imprmts New Hanover HVAC Imprmts Bradley Creek HVAC Imprmts Johnson HVAC Imprmts HVAC & Controls Imprmts at Var Schools Program Management Contingency Carolina Beach Roof Rplmt Roland Grise Roof Rplmt Gregory Roof Rplmt NHHS Roof Rplmt Moving Modular Units Summary of Projects with Multiple Funding Sources: 90,000 90,000 90,000 158,000 156,000 158,000 217,360 190,000 190,000 223,440 250,800 250,800 83,100 83,100 83,100 30,000 30,000 30,000 268,500 268,500 268,500 53,100 53,100 53,100 1,123, 500 1,123, 500 1,123,500 15,844,699 1,274,090 (529,953) 744,136 15,841,381 697,344 (134,870) 562,474 17,463,583 632,396 (238,403) 393,993 13,056,886 - - 16,736,979 79,830 (78,139) 1,691 5,578,996 50,000 (50,000) - 11,929,885 2,931,011 300,000 3,231,011 7,906,664 6,163,493 750,000 6,913,493 9,953,100 9,065.856 9,065,856 9,807,903 1,507,797 (93,704) 1,414,092 9,637,682 8,305,137 8,305,137 5,690,014 2,182,751 2,182,751 3,402, 276 1,666,307 1,666, 307 469,279 - - 206,251 - - 1,808,970 1,808,970 1.808.970 363,873 - - 6,272 499,722 305,470 - 876,276 116,458 (116,458) 274,907 - - 681,750 189,810 70,000 259,810 516,208 22,370 (22,370) - 215,722 - 171,462 366,320 267,051 1,317,916 1,309,440 - - 1,509,314 424,851 (230,856) 193,994 3,106,796 1,918,732 1,918,732 1,000,000 700,001 14,994 714,995 162,156 - - 91,774 91,774 91,774 358,744 - - 961,137 29,059 22,000 51,059 303,142 302,342 337,760 640,102 160,000,000 40,160,379 40,160,379 176,539,396 52,190,802 924,095 53,114,897 Board of Commissioners - March 9, 2020 ITEM: 14- 1 - 3 Project 1,280,190 1,280,190 Name Project# Program Funding Source Laptop Replacements 1,370,190 6401.23 816 County Appropriation 6401 23 818 Fund Balance Appropriation Desktop Replacements 223,440 6401.27 816 County Appropriation 6401.27 817 County Interlocal Sales Tax 6401 27 818 Fund Balance Appropriation SeaTech - Phase 11 103,318 33,442 9189.19 076 Lottery 9189.19 816 County Appropriation 9189.19 817 County Interlocal Safes Tax SeaTech - Phase III _ _ 300,000 1,513,900 918920 076 Lottery 9189 20 816 County App(oprlafion Hurricane Florence Repairs 107,077 9206 19 816 County Appropriation 9206 19 817 County Interlocal Sales Tax Mobile Unit Lease 44,900 44,900 9215.20 816 County Appropriation 9215.20 817 County Interlocal Sales Tax MEAC Upgrades 113,900 113,900 922020 076 Lottery 9220 20 816 County Appropriation Project Budget (Multi -Year) Current Budget Amendment #3 Revised Budget 1,280,190 1,280,190 1,280,190 90,000 90,000 90,000 1,370,190 1,370,190 1,370,190 491,100 231,681 251,681 208,200 208,200 208,200 223,440 250,800 250,800 922,740 690,681 690,681 1,415,200 634,174 634,174 103,318 103,318 103,318 33,442 33,442 33,442 1,551,960 770,934 770,934 1,213,900 1,213,900 1,215,900 300,000 300,000 _ _ 300,000 1,513,900 1,513,900 1,513,900 901,200 901,200 901,200 204,000 107,077 107,077 1,105,200 1,008,277 1,008,277 115,100 115,100 115,100 44,900 44,900 44,900 160,000 160,000 160,000 86,100 86,100 86,100 113,900 113,900 113,900 200,000 200,000 200,000 Board of Commissioners - March 9, 2020 ITEM: 14- 1 - 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 3/9/2020 Regular DEPARTMENT: Planning PRESENTER(S): Brad Schuler, Senior Planner CONTACT(S): Brad Schuler; Wayne Clark, Planning & Land Use Director SUBJECT: Quasi - Judicial Hearing NOTE: Applicant has Requested a Continuance Special Use Permit Request (519 -02) — Request by Tribute Companies on Behalf of the Property Owner, Coswald, LLC, for a Special Use Permit to Develop Residential Uses Within a Commercial District on Approximately 15.6 Acres of Land Located in the 200 Block of Lendire Road, near the 7200 Block of Market Street BRIEF SUMMARY: The Board of Commissioners tabled this item at the October 21, 2019 meeting in order to allow for more information to be provided regarding planned infrastructure improvements near the subject site. Specifically, more information was requested regarding improvements to Lendire Road and to the stormwater drainage system in the area and along Torchwood Boulevard. The information provided by NCDOT, County Engineering, and the applicant regarding these planned improvements is summarized below and in greater detail in the staff report. Lendire Road • NC DOT intends to widen Lendire Road by 8 feet (4 feet on each side) and stripe the road similar to Torchwood Boulevard by the end of 2020. Stormwater Drainage The applicant submitted a preliminary stormwater package to County Engineering for initial review that demonstrated the design will meet the pre /post requirements in relation to the 100 -year storm event in the New Hanover County Stormwater Design Manual. The applicant has conducted multiple site visits and reviewed available County information to confirm that the two stormwater outfalls on the south side of the site under Lendire Road continue through existing ditches to the southwest, ultimately converging in the ditch along Ogden Business Lane. This ditch is conveyed by pipe under the Ogden Baptist Church of Wilmington parking lot and Market Street to an open channel on the southern side of the Publix shopping center parcel that ultimately flows to Howe Creek. The site's outfall does not flow to the west or connect to the Smith Creek basin. The applicant has proposed an additional condition that they will construct culvert improvements under Lendire Road subject to NCDOT approval to effectively remove the subject parcel's site drainage from an existing culvert shared by the neighborhood pond to the west. Torchwood Boulevard County Engineering staff has identified the Smith Creek watershed as one of the first two watersheds that will have debris and sedimentation removed in conjunction with the Emergency Watershed Protection grant Board of Commissioners - March 9, 2020 ITEM: 15 awarded to the County late last year. Engineering staff estimates that the work will be begin in early spring and take up to 90 days to complete. The grant authorizes a 280 -day completion period. NCDOT completed a hydraulic study that examined the stormwater drainage that will be passing through the future Military Cutoff extension. The report has identified improvements that will help increase the stormwater capacity flowing to Smith Creek. There is an opportunity for the County to partner with NCDOT during the construction of the Military Cutoff extension to install the recommended culverts under the proposed road which would directly benefit the Torchwood area. County Engineering is currently seeking funding sources for the improvements. The Board of Commissioners recently voted to establish a stormwater services program aimed at assisting with the maintenance and improvement of the drainage features within the County. The stormwater services program will become effective in July 2020. RECOMMENDED MOTION AND REQUESTED ACTIONS: Example Motion for Approval: Motion to approve, as the Board finds that this application for a Special Use Permit meets the four required conclusions based on the findings of fact included in the Staff Report, and with the four conditions recommended in the staff report. [OPTIONAL] Note any additional findings of fact related to the four required conclusions. The project's stormwater facilities must be designed to accommodate a 100 -year storm event. A 6- foot -tall solid wood fence shall be installed within the bufferyard located along the northwestern property line which abuts the Jacobs Ridge neighborhood. As proposed and agreed to by the applicant, a 10 -foot multi-use path shall be installed along the site's frontage on Lendire Road and be extended south along the road so that it would connect to the future multi-use path to be installed by NCDOT near Ogden Business Lane as part of the Military Cutoff extension project (U- 4751). Installation of the multi-use path shall be coordinated with the County and NCDOT and be constructed in accordance with NCDOT's standards. The applicant is not required to obtain additional right -of -way in order for the multi-use path to be extended to the future multi-use path to be installed by NCDOT near Ogden Business Lane. Please see Exhibit 1 for the approximate location of the path to be installed with the development. 4. As proposed and agreed to by the applicant, while not required in order to meet the 100 -year storm event design condition, additional culvert improvements shall be installed under Lendire Road to further enhance the existing drainage infrastructure, subject to NCDOT approval. Installation of the culvert improvements shall be coordinated with the County and NCDOT and shall be constructed in accordance with NCDOT's standards. Example Motion for Denial: Motion to deny, as the Board cannot find that this proposal: 1. Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Zoning Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; 4. Will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. [State the finding(s) that the application does not meet and include reasons to why it is not being met] COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Board of Commissioners - March 9, 2020 ITEM: 15 Recommend approval with the four conditions in the staff report unless greater weight of the competent and material evidence presented during the public hearing suggests that one or more of the required conclusions cannot be met. COMMISSIONERS' ACTIONS: Continued at applicant's request to the April 6 meeting 4 -0. Board of Commissioners - March 9, 2020 ITEM: 15 SCRIPT for SPECIAL USE PERMIT Application (S19 -02) Request by Tribute Companies on behalf of the property owner, Coswald, LLC, for a special use permit to develop residential uses within a commercial district on approximately 15.6 acres of land located in the 200 block of Lendire Road, near the 7200 block of Market Street. 1. This item was continued at the October 21, 2019 meeting in order gather more information regarding Lendire Road improvements and stormwater issues. We will hear a presentation from staff on the requested items. Representatives from our Engineering Department and NCDOT are also available to answer any questions. 2. Swear in staff and the representatives from NCDOT. 3. Staff presentation on requested items 4. Board discussion 5. Vote on the Special Use Permit application. Motion to approve the permit - All findings are positive. ❑ Motion to approve the permit, subject to conditions specified below: (State Conditions) 13 Motion to deny the permit because the Board cannot find: F1a. That the use will not materially endanger the public health or safety if located where proposed for the following reason: Mb. That the use meets all required condition and specifications: c. That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity: d. 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 Comprehensive Land Use Plan for New Hanover County: Board of Commissioners - March 9, 2020 ITEM: 15- 1 - 1 Example Motion for Approval: Motion to approve, as the Board finds that this application for a Special Use Permit meets the four required conclusions based on the findings of fact included in the Staff Report, and with the four conditions recommended in the staff report. Recommended Conditions: 1. The project's stormwater facilities must be designed to accommodate a 100 -year storm event. 2. A 6-foot-tall solid wood fence shall be installed within the bufferyard located along the northwestern property line which abuts the Jacobs Ridge neighborhood. 3. As proposed and agreed to by the applicant, a 10 -foot multi -use path shall be installed along the site's frontage on Lendire Road and be extended south along the road so that it would connect to the future multi -use path to be installed by NCDOT near Ogden Business Lane as part of the Military Cutoff extension project (U- 4751). Installation of the multi -use path shall be coordinated with the County and NCDOT and be constructed in accordance with NCDOT's standards. The applicant is not required to obtain additional right -of -way in order for the multi -use path to be extended to the future multi -use path to be installed by NCDOT near Ogden Business Lane. Please see Exhibit 1 for the approximate location of the path to be installed with the development. 4. As proposed and agreed to by the applicant, additional culvert improvements shall be installed under Lendire Road that will remove the subject site's drainage through the existing pipe shared by the neighborhood to the west. Installation of the culvert improvements shall be coordinated with the County and NCDOT and be constructed in accordance with NCDOT's standards. Example Motion for Denial: Motion to deny, as the Board cannot find that this proposal: 1. Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Zoning Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; 4. Will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. (State the finding(s) that the application does not meet and include reasons to why it is not being met] STAFF REPORT FOR S19 -02 SPECIAL USE PERMIT APPLICATION APPLICATION UPDATE • The Board of Commissioners tabled this item at the October 21, 2019 meeting in order to allow for more information to be provided regarding planned infrastructure improvements near the subject site. Specifically, more information was requested regarding improvements to Lendire Road and to the stormwater drainage system in the area and along Torchwood Boulevard. • The information provided by NCDOT, WMPO, County Engineering, and the applicant regarding these planned improvements is summarized below. Lendire Road • NCDOT is in negotiations to identify and secure a contractor to perform widening of Lendire Road. The widening will consist of the addition of 4 feet of asphalt to each side of the road for a total widening of 8 feet. The widening of the road will be from Ogden Business Lane to the Military Cutoff right -of -way. This portion of the road will also be striped similar to Torchwood Boulevard. A schedule for this work has not been determined at this time, and current winter temperature restrictions for conducting asphalt paving are currently in effect; however, it is the intention of NCDOT to have the work completed in 2020. • The Traffic Impact Analysis (TIA) conducted for the project also projects that 5% of the trips generated by the development will utilize Lendire Road west of the site (about 90 daily trips). An engineering report conducted by ECS Southeast, LLP, stated that "... the additional traffic from the development will not degrade the existing pavement section beyond its designed life span." In addition, "...construction traffic will be routed on Middle Sound Extension to Market Street and will not use Lendire Road to exit the proposed development." • Crash data provided by the WMPO states that there have been a total of 7 automobile accidents at the intersection of Market Street and Middle Sound Loop Road/Lendire Road over a five -year period from October 2014 to October 2019. Stormwater Drainage • The applicant's team has worked with New Hanover County Engineering, conducting multiple site visits to confirm information on outfall and drainage basin details for the subject site. Using this information, a preliminary stormwater package was submitted to County Engineering for initial review that demonstrated the design will meet the pre /post requirements in relation to the 1 00 -year storm event in the New Hanover County Stormwater Design Manual. Coordination with the NCDOT Market Street improvements have also occurred to insure that NCDOT will not be discharging any stormwater on the subject property. • Through multiple site visits and available County information it has been confirmed that the two stormwater outfalls on the south side of the site under Lendire Road continue through existing ditches to the southwest, ultimately converging in the ditch along Ogden Business Lane. This ditch is conveyed by pipe under the Ogden Baptist Church of Wilmington parking lot and Market Street to an open channel on the southern side of the Publix shopping center parcel that ultimately flows to Howe Creek. The site's outfall does not flow to the west or connect to the Smith Creek basin. S19 -02 Staff Report BOC 3.9.2020 Page 1 of 21 Board of Commissioners - March 9, 2020 ITEM: 15- 2 - 1 • The applicant has proposed an additional condition that they will construct culvert improvements under Lendire Road subject to NCDOT approval to effectively remove the subject parcel's site drainage from an existing culvert shared by the neighborhood pond to the west. The design of this pipe will meet the requirements set forth in the NCDOT design guidelines. According to the applicant's Engineer, this, in conjunction with meeting the 100 - year storm in the on -site ponds, confirms the project will have no adverse effect on stormwater upstream or downstream from this site. Smith Creek Subject Site �� w Ale Pages Creek i \ Genera w`, l` Direction of D+oinage Flow 4ial 6 Middle Sound Loop Road Howe Creek Nev; Hai:e;;: er Downstream Outfall Torchwood Boulevard • Although the project's downstream stormwater outfall has been determined to flow south to Howe Creek and away from Torchwood Boulevard, many residents expressed concerns regarding flooding that occurs on Torchwood near the Glen Ridge subdivision. • County Engineering staff has identified the Smith Creek watershed, which includes Glen Ridge subdivision, as one of two watersheds that will have debris and sedimentation removed in conjunction with the Emergency Watershed Protection grant awarded to the County late last year. Engineering staff estimates that the work will be begin in early spring and take up to 90 days to complete. The grant authorizes a 280 -day completion period. • In conjunction with the Military Cutoff Extension project, NCDOT completed a hydraulic study that examined the stormwater drainage that will be passing through the future roadway. The report has identified improvements that will help increase the stormwater capacity flowing to Smith Creek. The proposed improvements include cleaning out and enlarging existing ditches, removing undersized culverts, and installing additional culverts. • There is an opportunity for the County to partner with NCDOT during the construction of the Military Cutoff extension to install the recommended culverts under the proposed road which would directly benefit the Torchwood area. County Engineering is currently seeking funding sources for the improvements. S1 9 -02 Staff Report BOC 3.9.2020 Page 2 of 21 Board of Commissioners - March 9, 2020 ITEM: 15- 2 - 2 NCDOT's Hydraulic Report Recommendations (highlighted w/ staff markups): 519 -02 Staff Report BOC 3.9.2020 Board of Commissioners - March 9, 2020 ITEM: 15- 2 - 3 Page 3 of 21 RESIDENTIAL USES IN A COMMERICAL DISTRICT SUP OVERVIEW • The Zoning Ordinance allows for dwelling units to be permitted in the B -1 or B -2 zoning district with a Special Use Permit provided the units are part of a mixed -use development. • The mixed -use development should provide for innovative opportunities for an integration of diverse but compatible uses into a single development that is unified by distinguishable design features with amenities and walkways to increase pedestrian activities. • When this option is utilized, commercial uses within the development must be limited to those permitted in the B -1 district, even for sites zoned B -2. The B -1 district permits traditional commercial uses, like retail establishments, restaurants, and offices. The heavy commercial /light industrial type uses allowed in the B -2 district are prohibited under the specific standards for this Special Use Permit. • In addition to the conceptual site plan, applications for this type the SUP must include architectural elevations and a conceptual lighting plan. APPLICATION SUMMARY Case Number: S19 -02 Request: SUP to allow residential uses within a commercial zoning district as part of a mixed -used development. Applicant: Property Owner(s): Mark Maynard, Jr — Tribute Companies Coswald, LLC Location: Acreage: 200 Block of Lendire Road, near the 7200 Block of 15.6 Market Street PID(s): Comp Plan Place Type: R04400- 001 - 003 -000 Urban Mixed Use Existing Land Use: Proposed Land Use: Undeveloped Mixed -Use Development Current Zoning: B -2 S19 -02 Staff Report BOC 3.9.2020 Board of Commissioners - March 9, 2020 ITEM: 15- 2 - 4 Page 4 of 21 SURROUNDING AREA July 7, 1972 LAND USE ZONING North Single - Family Residential (Palm Grove), Camping (KOA). R -10, B -2 East Undeveloped, Commercial Services, Ogden Fire Station B -2 South Commercial Services (Recreation Establishments, Restaurants, Retail) B -2 West Single - Family Residential (Jacobs Ridge at West Bay Estates) R -10 ^ �m SUP Boundar Existing Parcel(! Boundary .i.4 x. f�ewlHanaver:County'l, ZONING HISTORY July 7, 1972 Initially zoned R -15 (Area 8B) November 2, 1987 Portions of the parcel rezoned from R -15 to B -2 (Z -321) September 6, 1988 Portions of the parcel rezoned from R -1 5 to B -2 (Z -356) September 4, 1990 Portions of the parcel rezoned from R -15 to B -2 (Z -413) S19 -02 Staff Report BOC 3.9.2020 Board of Commissioners - March 9, 2020 ITEM: 15- 2 - 5 Page 5 of 21 COMMUNITY SERVICES Water /Sewer water and sewer will be provided by CFPUA. Specific design will be Historic determined during site plan review. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Station Ogden Schools Porters Neck Elementary, Holly Shelter Middle, and Laney High Schools *For More Information, see the full School statistics below. Recreation Ogden Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources PROPOSED CONCEPTUAL PLAN Includes Staff Markups • The proposed mixed -use development will consist of up to 288 dwelling units located within apartment buildings and mixed -use buildings, and approximately 7,500 square feet of commercial building space. The commercial uses proposed are office and retail businesses. The buildings will range from one to three stories and be restricted to a maximum height of 35 feet. S1 9 -02 Staff Report BOC 3.9.2020 Page 6 of 21 Board of Commissioners - March 9, 2020 ITEM: 15- 2 - 6 • The western boundary of the site, adjacent the Jacob's Ridge at West Bay subdivision, is subject to an increased building setback and bufferyard. The bufferyard will be approximately 50 feet in width and must contain vegetation, or a combination of vegetation and fencing, that provides an opaque screen. The applicant is proposing to install a 6 -foot- tall solid wood fence within the buffer. As shown on the conceptual plan, the buildings will exceed the required setback and be placed about 1 15 feet from the western property line. • The conceptual plan includes two mixed -use buildings located on the southern portion of the site adjacent Lendire Road. The buildings would permit office and retail uses on the ground floor and residential units above the commercial space. One building is proposed to be two stories and contain 4 dwelling units, and the other is proposed to be three stories with 20 dwelling units. The commercial space would total about 7,500 square feet. 9 l .8 Zig Conceptual Rendering of the Three- Sto,-Y • 264 of the proposed dwelling units will be located within 11 three -story apartment buildings. The project will also contain an amenity building and outdoor swimming pool for the residents. • The project will contain 3.62 acres of amenity areas and open space, which equates to approximately 23% of the 15.6 -acre site. Approximately 56% of site will contain impervious surfaces. The stormwater management areas will be located in the southern portion of the site along Lendire Road. • The applicant is proposing to design the stormwater facilities for the project to handle up to a 1 00 -year event (-= 10 inches of rain over a 24 -hour period). This exceeds the County's requirement of designing the facilities to a handle a 25 -year storm event (�8 inches of rain over a 24 -hour period). The site is located at the apex of three drainage basins (Smith Creek, Pages Creek, and Howe Creek). All runoff to the site will be conveyed to the proposed stormwater facility, and will ultimately flow south toward Howe Creek. Although S1 9 -02 Staff Report BOC 3.9.2020 Page 7 of 21 Board of Commissioners - March 9, 2020 ITEM: 15- 2 - 7 the site was initially thought to drain toward Smith Creek, more detailed analysis of adjacent development plans indicated the downstream outfall flows south toward Howe Creek. Any stormwater that flows into the northern ditch and Market Street today will be conveyed to the new stormwater facility. The applicant is proposing to incorporate distinguishable design features within the project including consistent architectural design, color scheme, landscaping, park benches, bicycle racks, and street lighting. Sidewalks will be provided throughout the development, allowing residents to walk to existing and future commercial uses in the vicinity. If approved, the distinguishable site features will be verified by TRC during the site plan review. Conceptual Rendering of the Three -Story Apartment Buildings ZONING CONSIDERATIONS • The subject 15.6 -acre site is part of a larger parcel, approximately 30 acres in size, zoned B -2. The parcel is currently undeveloped. • The "outparcel" shown on the conceptual site plan which is not included in the boundary of the SUP is under contract to be purchased by the applicant. The applicant does not have specific plans for that portion of the property at this time, and thus it is not included in this application, however, they anticipate that the area would be developed for office - related uses. • The site is located within the Market /Middle Sound commercial node, near the intersection of Market Street and Middle Sound Loop Road/Lendire Road. S1 9 -02 Staff Report BOC 3.9.2020 Page 8 of 21 Board of Commissioners - March 9, 2020 ITEM: 15- 2 - 8 • This node contains several commercial businesses including, but not limited to, retail establishments (Publix and Big Lots shopping centers), restaurants ( Odgen Tap Room, Smithfields BBQ, Denny's, Bojangles), personal services (Tame The Mane, The Corner Buzz, dry cleaners), specialty restaurants (Casa Blanca Coffee, Starbucks), and craft beer establishments (Fermental Wine & Beer, The Sour Barn). Ogden Commercial Node Denitys rl[tcw rercrvxn'. + ' Y " FCC • Lr. h. < gA4ECAR, <r _ CIN OGDEn TAP OOM 4F', _06 BIG LOTS. .� fermental p`tio ` Zoninci Districts +/f5 B -2 R -1 0 Pubrx O &I R -15 TRANSPORTATION • The subject site will be accessed by Lendire Road (SR -2892) and "Old" Lendire Road, a private access easement. • When estimating traffic impacts of undeveloped sites, staff's general rule based on typical development patterns is that commercial development typically covers about 25% of the site for building area at one story (approximately 170,000 square feet for the subject 15.6 -acre site). In this case the applicant estimates that the site would support about 1 16,000 square feet of shopping center related uses (retail, restaurants, and offices), which is a more conservative market estimate for the property. • According to the applicant, development of the site as currently zoned using their assumption of 1 16,000 square feet of shopping center related uses would generate about 485 trips in the AM peak hours and 540 trips in the PM peak hours. • The proposed project of 288 multi - family units and 7,500 square feet of office /retail space is estimated to generate about 140 trips in the AM peak hours and 190 trips in the PM peak hours. This would result in an estimated decrease of 345 trips in the AM peak hours and 350 trips in the PM peak hours. S19 -02 Staff Report BOC 3.9.2020 Page 9 of 21 Board of Commissioners - March 9, 2020 ITEM: 15- 2 - 9 • The applicant has completed a Traffic Impact Analysis (TIA) which has been approved by NCDOT and the WMPO. The approved TIA requires a westbound right turn lane to be installed on Lendire Road at the site's access. Installation of a right - turn lane at the site's access on Lendire Road ••a - •a. - r j 0 r squired Roadway Improvements • The TIA analyzed the Level of Service (LOS) in vehicle delay per second at notable intersections in the area including Lendire Road /Middle Sound Loop Road at Market Street and "Old" Lendire Road at Market Street. The TIA found that the project will slightly increase the time it takes for vehicles to get through these intersections, but it will not reduce the overall LOS of the intersections from the level they are anticipated to operate at in 2021. Market Street at Middlesound Scenario Loop Road/Lendire Road Overall LOS 2019 Existing D 2021 Future E 2021 Future with Project E 2019 Existing D 2021 Future E 2021 Future with Project E Market Street at "Old" Lendire Road Scenario LOS of Eastbound Approach to Market Street 2019 Existing D 2021 Future C 2021 Future with Project C 2019 Existing E 2021 Future C 2021 Future with Project C S1 9 -02 Staff Report BOC 3.9.2020 Page 10 of 21 Board of Commissioners - March 9, 2020 ITEM: 15- 2 - 10 Nearby Planned Transportation Improvements and Traffic Impact Analyses Impact Traffic . jw�� i �inµpao • isp,�� Approved Under RevIew Under • STIP Project U -4751 STIP Project U -4902D S19-02 gECD QC. �� {BRA i� oc 84'U_ Middle Sound West TIA Approved m O 3 F Q Wave Bus Stop 0I STIP Project 0 Miles E 0 0.25 0.5 .. 1 Mile Radius V 4`b Yom. {S � Bayshore Commercial TIA Approved � kr•`' s�_POnv� SRGHi [EkF .. � °g. Ogden Starbucks ` TIA Approved Publix Shopping Center TIA Approved S19 -02 Staff Report BOC 3.9.2020 Page 11 of 21 Board of Commissioners - March 9, 2020 ITEM: 15- 2 - 11 Nearby NC STIP Projects: STIP Project U -4751 (Military Cutoff Extension) • Project to extend Military Cutoff from Market Street to 1 -140. • The project is currently under construction and is expected to be completed in early - 2023. • The extension of Military Cutoff will run about three quarters of a mile west of the subject site. Lendire Road /Brittany Lakes Drive, Torchwood Boulevard, and Putnam Drive /Bradfield Court will connect to the Military Cutoff extension, allowing access to neighborhoods west of the site. • The project will also install a sidewalk and multi -use path along the extension of Military Cutoff and the sections of Market Street included in the project. • NCDOT recently obtained ownership of Lendire Road from Market Street to the Military Cutoff extension. The connection of Lendire Road to the future Military Cuttoff will allow the road to function as a collector street, however, NCDOT does not have any current plans to make improvements to the road. S19 -02 Staff Report BOC 3.9.2020 Page 12 of 21 Board of Commissioners - March 9, 2020 ITEM: 15- 2 - 12 • STIP Project U -4902D (Market Street Median) • Project to install a center median and pedestrian accessways along Market Street from Middle Sound Loop Road to Marsh Oaks Drive. The pedestrian accessways will consist of a 10 -foot multi -use path on the eastern side of the street, and a 5- foot sidewalk on the western side of the street. • The project is currently under construction and is expected to be completed in early - 2023. Future Median Breaks of the Market Street Median Signalized Left -Over to Alexander Rd y. Signalized U -Turn Bulb Signalized Full Movement Intersection at Torchwood Blvd/'Bayshore Dr Subject Slte Market Street Median Project W,n Marsh Oaks Cdr Left -Over to Alexander Rd +l. Left -Over to Greenview Dr I t -Over to KOA, Gas tation, Car Wash Signalized Left -Over at Wendover Ln Middle Sound Loop Rd L ,tat,C„ S1 9 -02 Staff Report BOC 3.9.2020 Page 13 of 21 Board of Commissioners - March 9, 2020 ITEM: 15- 2 - 13 Nearbv Traffic Impact Analvses: Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards. Approved analyses must be re- examined by NCDOT if the proposed development is not completed by the build out date established within the TIA. Proposed Development I Land Use /Intensity TIA Status 1. Middle Sound West • 288 multi - family units • Approved August 14, 2019 (Subject Site) • Small office with 32 • 2021 Build Out Year The TIA required improvements be completed at certain intersections in the area. The notable employees • Installation of an additional exclusive eastbound right -turn lane on Lendire Road at The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Installation of a westbound right -turn lane at the site's access on Lendire Road. Nearby Proposed Developments included within the TIA: • Ogden Starbucks Development Status: Special Use Permit request under review. Proposed Development I Land Use /Intensity TIA Status 2. Ogden Starbucks • 2,200 square foot coffee • Approved May 10, 2019 shop with drive thru • 2021 Build Out Year The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Installation of an additional exclusive eastbound right -turn lane on Lendire Road at Market Street (improvement installation to be coordinated with the Military Cutoff Extension project U -4751 ). Modification of the signal timing at the same intersection to incorporate the new dual right -turn lanes. Nearby Proposed Developments included within the TIA: • None Development Status: Completed, however, the installation of right -turn lane will be constructed with the Military Cutoff extension project. S19 -02 Staff Report BOC 3.9.2020 Board of Commissioners - March 9, 2020 ITEM: 15- 2 - 14 Page 14 of 21 S19 -02 Staff Report BOC 3.9.2020 Board of Commissioners - March 9, 2020 ITEM: 15- 2 - 15 Page 15 of 21 • 32,830 square feet of retail 3. Middle Sound Market • 49,100 square feet of • TIA approved June 15, 2015 Place (Publix) supermarket • 2019 Build Out Year 4. Bayshore • 720 square feet of fast • TIA approved September 1 1, Commercial food restaurant 2019 The TIA required improvements to be made at certain intersections in the area, including Market Street at Middle Sound and the access points to the development. The major improvements consisted of: • Installation of a continuous northbound right turn lane on Market Street to Middle Sound Loop Road and site access points • Extension of existing westbound dual left turn lanes and the addition of a westbound right turn lane on Middle Sound Loop Road to Market Street • Installation of an eastbound right turn lane and westbound left turn lane on Middle Sound Loop Road 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: • None Development Status: Completed S19 -02 Staff Report BOC 3.9.2020 Board of Commissioners - March 9, 2020 ITEM: 15- 2 - 15 Page 15 of 21 • 20,000 square feet of Medical /Dental Office • 70,000 square feet of 4. Bayshore Shopping Center • TIA approved September 1 1, Commercial • 8,000 square feet of High 2019 Development Turnover Sit Down • 2022 Build Out Year Restaurant • 4,000 square feet of Fast Food Restaurant The TIA requires improvements be completed at certain intersections in the area. The notable improvements consisted of: • Installation of an additional westbound left turn lane on Bayshore Drive to Market Street • Extension of existing northbound right turn lane on Market Street from Bayshore Drive to the site's access points Nearby Proposed Developments included within the TIA: • None Development Status: The property is zoned B -2, which allows for this development by- right. The proposed site plan for the project is currently under review by the TRC. S19 -02 Staff Report BOC 3.9.2020 Board of Commissioners - March 9, 2020 ITEM: 15- 2 - 15 Page 15 of 21 SCHOOLS • Students generated from this development would be assigned to Porters Neck Elementary, Holly Shelter, and Laney High schools. Students may apply to attend public magnet, year - round elementary, or specialty high schools. • The proposed development would consist of up to 288 dwelling units. • Based on average student generation rates *, there are an average of 0.24 public school students (0.1 1 for elementary, 0.05 for middle, and 0.08 for high) generated per dwelling unit across New Hanover County. The proposed development can be estimated to generate 69.1 (31.0 elementary, 15.7 middle, and 22.4 high) more students than if developed under existing zoning. *Average student generation rates are calculated by dividing the projected New Hanover County public school student enrollment for the 2020 -2021 school year by the estimated number of dwelling units in the county. While different housing types and different locations typically yield different numbers of students, these average generation rates can provide a general guide for the number of students to anticipate. Total projected student enrollment was used, which includes students attending out -of- district specialty schools, such as year -round elementary schools, Isaac Bear, and SeaTECH. School Enrollment* and Capacity * * - 2021 -2022 Estimates *Enrollment is based on projected New Hanover County Schools enrollment for the 2020 -2021 school year. * *Capacity calculations were determined by New Hanover County Schools for the 2020 -2021 school year and are based on NC DPI Facility Guidelines & Class Size Requirements. Modifications refer to specific program requirements unique to a particular school. These may include exceptional children's classrooms beyond the original building design; classrooms to serve a unique population such as ESL; or classrooms designated for art and music if the building wasn't specifically designed with those spaces. ENVIRONMENTAL • The property is not within a Natural Heritage Area or Special Flood Hazard Area. • The property is located at the apex of three watersheds (Smith Creek, Pages Creek, and Howe Creek). Based on the applicant's preliminary stormwater design and existing infrastructure, the site will be designed to drain south to Howe Creek. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class II (moderate limitation), Class III (severe limitation) soils, and Class IV (unsuitable), however, the project will connect to CFPUA sewer services. S19 -02 Staff Report BOC 3.9.2020 Board of Commissioners - March 9, 2020 ITEM: 15- 2 - 16 Page 16 of 21 Total NHC Enrollment Capacity of % of Funded Level % School of Assigned Assigned Capacity of Capacity Capacity School School w/ Assigned Upgrades Portables School Elementary 97% Porters Neck 475 552 86% None Middle 107% Holly Shelter 917 934 98% None High 105% Laney 2063 1903 108% None *Enrollment is based on projected New Hanover County Schools enrollment for the 2020 -2021 school year. * *Capacity calculations were determined by New Hanover County Schools for the 2020 -2021 school year and are based on NC DPI Facility Guidelines & Class Size Requirements. Modifications refer to specific program requirements unique to a particular school. These may include exceptional children's classrooms beyond the original building design; classrooms to serve a unique population such as ESL; or classrooms designated for art and music if the building wasn't specifically designed with those spaces. ENVIRONMENTAL • The property is not within a Natural Heritage Area or Special Flood Hazard Area. • The property is located at the apex of three watersheds (Smith Creek, Pages Creek, and Howe Creek). Based on the applicant's preliminary stormwater design and existing infrastructure, the site will be designed to drain south to Howe Creek. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class II (moderate limitation), Class III (severe limitation) soils, and Class IV (unsuitable), however, the project will connect to CFPUA sewer services. S19 -02 Staff Report BOC 3.9.2020 Board of Commissioners - March 9, 2020 ITEM: 15- 2 - 16 Page 16 of 21 2016 COMPREHENSIVE LAND USE PLAN 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 Urban Mixed Use promotes development of a mix of residential, office, Place Type and retail uses at higher densities. Types of uses encouraged include office, Description retail, mixed use, small recreation, commercial, institutional, single - family, and multi - family residential. The proposed mixed use development is located off Lendire Rd., directly across from Ogden Business Park and behind commercial uses, e.g. Denny's and Patterson Auto Sales, that line Market St. It is also adjacent to single family homes within the Jacobs Ridge at West Bay subdivision. The subject parcel is designated as Urban Mixed Use on the Comprehensive Plan's Future Land Use Map, which supports a mix of moderate to high Analysis intensity commercial and office uses and moderate to high density residential uses (approximately 16+ units per acre). The plan's intent is to allow more commercial options and higher residential densities in this area to take advantage of the proximity to nearby basic goods and services and to help reduce long travel distances and associated levels of traffic. The types and intensity of commercial and office uses and the density of residential uses in the proposed project are in line with what is recommended for Urban Mixed Use areas, and the project is designed to S19 -02 Staff Report BOC 3.9.2020 Board of Commissioners - March 9, 2020 ITEM: 15- 2 - 17 Page 17 of 21 STAFF PRELIMINARY CONCLUSIONS AND FINDINGS OF FACT: Staff has conducted an analysis of the proposed use and the information provided as part of the application package and has created preliminary findings of fact for 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 Board meeting. Conclusion 1: The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. The site is accessed from Lendire Road, a state maintained road (SR -2892) that connects directly into Market Street (US 17), and will connect into the Military Cutoff extension. B. A Traffic Impact Analysis (TIA) was completed for the project and approved by NCDOT. The TIA requires a right -turn lane to be installed at the site's access on Lendire Road. C. The Traffic Impact Analysis (TIA) analyzed the Level of Service (LOS) in vehicle delay per second at notable intersections in the area, including Lendire Road /Middle Sound Loop Road at Market Street and "Old" Lendire Road at Market Street. The TIA found that the S19 -02 Staff Report BOC 3.9.2020 Board of Commissioners - March 9, 2020 ITEM: 15- 2 - 18 Page 18 of 21 provide a gradual transition in uses and intensity. The commercial areas are located close to the existing commercial uses along Lendire Rd. and Market St., and the residential portion of the development is located closer to the existing residential neighborhoods off of Lendire. This type of transitional development pattern helps reduce impacts on existing neighborhoods while contributing to the range of housing types available in the Ogden community. The mixed used buildings within the site also offer potential commercial alternatives to Market St. for residents of surrounding neighborhoods, which could reduce traffic congestion along Market St., and potentially Gordon Rd. once construction of Military Cutoff Extension is complete. In addition, residents of this development will be able to access the recreational uses and commercial services along Lendire without having to use primary roadways, specifically Market St. Eventually, those residents will also be able to access existing and future commercial services along Market St. without adding traffic to that road by using planned interconnections to the currently undeveloped section of the property southeast of the development that will remain zoned B -2. The proposed mixed use development is generally CONSISTENT with the types and intensity of uses intended for Urban Mixed Use areas and the Comprehensive Plan's intent of providing an orderly transition of uses and Consistency densities from higher intensity to lower intensity areas. In addition, it Recommendation contributes to the range of housing types available in the Ogden community, the mixed use buildings could provide a commercial alternative to Market St. for residents of surrounding neighborhoods, and interconnections with existing commercial properties can help reduce long travel distances and their associated levels of traffic. STAFF PRELIMINARY CONCLUSIONS AND FINDINGS OF FACT: Staff has conducted an analysis of the proposed use and the information provided as part of the application package and has created preliminary findings of fact for 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 Board meeting. Conclusion 1: The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. The site is accessed from Lendire Road, a state maintained road (SR -2892) that connects directly into Market Street (US 17), and will connect into the Military Cutoff extension. B. A Traffic Impact Analysis (TIA) was completed for the project and approved by NCDOT. The TIA requires a right -turn lane to be installed at the site's access on Lendire Road. C. The Traffic Impact Analysis (TIA) analyzed the Level of Service (LOS) in vehicle delay per second at notable intersections in the area, including Lendire Road /Middle Sound Loop Road at Market Street and "Old" Lendire Road at Market Street. The TIA found that the S19 -02 Staff Report BOC 3.9.2020 Board of Commissioners - March 9, 2020 ITEM: 15- 2 - 18 Page 18 of 21 project will slightly increase the time it takes for vehicles to get through theses intersections, but it will not reduce the overall LOS of the intersection from the level they are anticipated to operate at in 2021. D. The proposal is estimated to reduce traffic generation from what is typically possible with the existing B -2 zoning. E. The site's stormwater system will be designed to accommodate a 1 00 -year storm, exceeding the County's requirement of designing for a 25 -year storm. F. Water and sewer services will be provided by CFPUA. G. The subject property is located in the New Hanover County North Fire Service District. Conclusion 2: The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The site is zoned B -2, Highway Business District. B. Residential uses are allowed by Special Use Permit in the B -2 zoning district. C. The project proposes a mix of land uses as required to permit residential uses within a business district. D. In accordance with the standards of this special use, the commercial uses proposed within the development will be limited to those permitted in the B -1 zoning district. E. The project will contain distinguishable site design features, including consistent architectural design, color scheme, landscaping, park benches, bicycle racks, street lights and signage. F. The site plan complies with all applicable technical standards of the Zoning Ordinance including buffering and off - street parking requirements. Conclusion 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 subject property is zoned B -2, Highway Business District, and is located within Ogden /Market Street commercial node. B. The surrounding area contains a single - family residential development, undeveloped land, and commercially developed land. C. Bufferyards must be provided between the development and adjacent residential property. D. The applicant provided a report prepared by a real estate appraisal and consulting firm (JC Morgan - Jack C. Morgan III, MAI, SRA, AI -GRS). In the report, Mr. Morgan concluded that "there was no market data that [he] found that suggested the proposed project would have any impact on the values of the adjoining or abutting properties." Conclusion 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 Comprehensive Land Use Plan for New Hanover County. A. The 2016 Comprehensive Plan classifies the area proposed for the development as Urban Mixed Use. B. The Urban Mixed Use place type promotes a mix of residential, retail, and office uses at higher densities. C. The project is consistent with the recommended uses and densities of the Urban Mixed Use place type. S19 -02 Staff Report BOC 3.9.2020 Page 19 of 21 Board of Commissioners - March 9, 2020 ITEM: 15- 2 - 19 D. The subject site is located between single - family residential areas and commercial areas, providing a gradual transition of uses as promoted in the Comprehensive Plan. E. The applicant provided a report prepared by a real estate appraisal and consulting firm (JC Morgan - Jack C. Morgan III, MAI, SRA, AI -GRS). In the report, Mr. Morgan stated that "within the market area, comparable infill sites have been developed with mixed uses, generally consisting of commercial land uses located at the front of the development and residential land uses located at the rear of the development. These two land uses are often (and preferably) transitioned by multi - family or lower intense commerical uses. The proposed project maintains this trend, suggesting it is in harmony with the area it is located." PLANNING BOARD ACTION The Planning Board considered this application at their October 3, 2019 meeting. At the meeting six residents spoke in opposition citing concerns over drainage and flooding in the Ogden community, and other concerns. The Planning Board recommended approval of the application (7- 0) with the following conditions: 1. The project's stormwater facilities must be designed to accommodate a 100 -year storm event. 2. A 6- foot -tall solid wood fence shall be installed within the bufferyard located along the northwestern property line which abuts the Jacobs Ridge neighborhood. 3. As proposed and agreed to by the applicant, a 10 -foot multi -use path shall be installed along the site's frontage on Lendire Road and be extended south along the road so that it would connect to the future multi -use path to be installed by NCDOT near Ogden Business Lane as part of the Military Cutoff extension project (U -4751 ). Installation of the multi -use path shall be coordinated with the County and NCDOT and be constructed in accordance with NCDOT's standards. The applicant is not required to obtain additional right -of -way in order for the multi -use path to be extended to the future multi -use path to be installed by NCDOT near Ogden Business Lane. *Please see Exhibit 1 for the approximate location of the path to be installed with the development. S19 -02 Staff Report BOC 3.9.2020 Board of Commissioners - March 9, 2020 ITEM: 15- 2 - 20 Page 20 of 21 EXAMPLE MOTIONS Example Motion for Approval: Motion to approve, as the Board finds that this application for a Special Use Permit meets the four required conclusions based on the findings of fact included in the Staff Report, and with the conditions as recommended by the Planning staff. taff. [OPTIONAL] Note any additional findings of fact related to the four required conclusions. Recommended Conditions: 1 . The project's stormwater facilities must be designed to accommodate a 100 -year storm event. 2. A 6- foot -tall solid wood fence shall be installed within the bufferyard located along the northwestern property line which abuts the Jacobs Ridge neighborhood. 3. As proposed and agreed to by the applicant, a 10 -foot multi -use path shall be installed along the site's frontage on Lendire Road and be extended south along the road so that it would connect to the future multi -use path to be installed by NCDOT near Ogden Business Lane as part of the Military Cutoff extension project (U -4751 ). Installation of the multi -use path shall be coordinated with the County and NCDOT and be constructed in accordance with NCDOT's standards. The applicant is not required to obtain additional right -of -way in order for the multi -use path to be extended to the future multi -use path to be installed by NCDOT near Ogden Business Lane. *Please see Exhibit 1 for the approximate location of the path to be installed with the development. 4. As proposed and agreed to by the applicant, while not required in order to meet the 100 -year storm event design condition, additional culvert improvements shall be installed under Lendire Road to further enhance the existing drainage infrastructure, subject to NCDOT approval. Installation of the culvert improvements shall be coordinated with the County and NCDOT and shall be constructed in accordance with NCDOT's standards. Example Motion for Denial: Motion to deny, as the Board cannot find that this proposal: 1 . Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Zoning Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; 4. Will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. [State the finding(s) that the application does not meet and include reasons why it is not being met] S19 -02 Staff Report BOC 3.9.2020 Board of Commissioners - March 9, 2020 ITEM: 15- 2 - 21 Page 21 of 21 S19 -02: Exhibit 1 As proposed and agreed to by the applicant, a 10 -foot multi -use path (MUP) shall be installed along the site's frontage on Lendire Road and be extended south along the road so that it would connect to the future multi -use path to be installed by NCDOT near Ogden Business Lane as part of the Military Cutoff extension project (U- 4751). Installation of the multi -use path shall be coordinated with the County and NCDOT and be constructed in accordance with NCDOT's standards. The applicant is not required to obtain additional right -of -way in order for the multi- use path to be extended to the future multi -use path to be installed by NCDOT near Ogden Business Lane. Board of Commissioners - March 9, 2020 ITEM: 15- 3 - 1 Schuler, Brad From: Cumbo, Daniel R <dreumbo @ncdot.gov> Sent: Monday, January 13, 2020 12:09 PM To: Timothy Lowe Cc: Hughes, Benjamin T; Stewart, Alex D Subject: RE: Lendire Road widening Ti m, NCDOT is still in negotiations to identify and secure a contractor to perform the road widening construction on Lendire Road. Therefore, we still do not have a detailed construction schedule for this project work to share with you at this time. However, it is the intention of NCDOT to promptly engage a construction contractor in order for the Lendire Road widening construction to be completed in calendar year 2020. Sincerely, -Dan Daniel R. Cumbo, PE Deputy District Engineer Division 3 1 District 3 (910) 398 -9100 From: Cumbo, Daniel R Sent: Tuesday, December 17, 2019 4:08 PM To: Timothy Lowe <tlowe @davenportworld.com> Cc: Hughes, Benjamin T <bthughes @ncdot.gov> Subject: RE: [External] Availability for Meeting to Discuss Lendire Road Ti m, See below the information we know at this time related to the Lendire Road widening. • The project proposes 4' asphalt pavement widening on Lendire Road (both sides - 8' Total road widening) • The project length is approximately 0.84 miles, from the Military Cutoff Right of Way to Ogden Business Lane. • The resurfacing overlay on Lendire Road would be accomplished later toward the end of the Military Cutoff Road Extension project completion. • NCDOT is currently in negotiations with the Military Cutoff project contractor to come to an agreement on the costs associated with these additional services. • A schedule for this project work has not been determined yet and will be discussed following completing the additional services cost negotiations. In addition, schedule will likely be impacted by the winter season and temperature restrictions for conducting asphalt paving construction; therefore construction would likely be in Spring 2020 at the earliest. This is currently all of the information that we have now; therefore, a meeting would not be very productive at this time. If you have any questions on any of the items above, please let me know, and I will help to clarify. Thanks, 1 Board of Commissioners - March 9, 2020 ITEM: 15- 4 - 1 -Dan Daniel R. Cumbo, PE Deputy District Engineer Division 3 1 District 3 (910) 398 -9100 From: Timothy Lowe <tlowe @davenportworld.com> Sent: Monday, December 16, 2019 4:29 PM To: Cumbo, Daniel R <dreumbo @ncdot.gov> Cc: Hughes, Benjamin T <bthughes @ncdot.gov> Subject: [External] Availability for Meeting to Discuss Lendire Road External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam @nc.gov Dan and Ben, Can you provide some dates and times that you would be available to discuss the Lendire Road widening with the developer for Middle Sound West (Tribute Properties)? They are trying to prepare for an upcoming meeting with the County Commissioners, and they would like to have a firm understanding of the proposed improvements that are going to be made to Lendire. Let me know if you have any questions or concerns. Thanks, 19 Tim Lowe, PE Project Manager DAVENPORT 3722 Shipyard Boulevard, Suite E Wilmington, NC 28403 t (910) 251 -8912 ext: 22204 website I map I email Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. 2 Board of Commissioners - March 9, 2020 ITEM: 15- 4 - 2 Schuler, Brad From: Hughes, Benjamin T <bthughes @ncdot.gov> Sent: Monday, February 17, 2020 11:31 AM To: Schuler, Brad; Cumbo, Daniel R Subject: RE: [External] RE: Lendire Road Improvement Info from NCDOT It will be like Torchwood, now go back to vacation Brad. F Benjamin T. Hughes, PE District Engineer Division 3 1 District 3 (910) 398 -9100 From: Schuler, Brad <bschuler @nhcgov.com> Sent: Monday, February 17, 2020 11:00 AM To: Hughes, Benjamin T <bthughes @ncdot.gov >; Cumbo, Daniel R <dreumbo @ncdot.gov> Subject: [External] RE: Lendire Road Improvement Info from NCDOT External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to NKmC@nc.gov Hey guys, Will the Lendire widening include striping? And if so, will it be a line at the center of the road and on the edges (like Torchwood)? 1 Board of Commissioners - March 9, 2020 ITEM: 15- 4 - 3 Thanks, Brad Brad Schuler I Senior Planner Planning & Land Use - Planning & Zoning New Hanover County 230 Government Center Drive, Suite 110 Wilmington, NC 28403 (910) 798 -7444 p 1 (910) 798 -7053 f www.nhcqov.com From: Timothy Lowe <tlowe @davenportworld.com> Sent: Monday, January 13, 2020 10:40 PM To: Schuler, Brad <bschuler @nhcgov.com> Subject: Lendire Road Improvement Info from NCDOT Brad, As we discussed earlier today, I have attached the email chain from NCDOT containing the scope of the improvements and anticipated completion by end of 2020. Let me know if you need anything more from us on this. Thanks, Tim Tim Lowe, PE Project Manager DAVENPORT 1 3722 Shipyard Boulevard, Suite E Wilmington, NC 28403 t (910) 251 -8912 ext: 22204 website I map I email Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. 2 Board of Commissioners - March 9, 2020 ITEM: 15- 4 - 4 ECS Southeast, LLP Engineering Report Middle Sound West Wilmington, New Hanover County, North Carolina ECS Project Number # 22:28644 December 6, 2019 Board of Commissioners - March 9, 2020 ITEM: 15- 5 - 1 . EECS SOUTHEAST, LLP "Setting the Standard for Service" Geotechnical • Construction Materials • Environmental • Facilities NC Registered Engineering Firm F -1078 INC Registered Geologists Firm C -406 SC Registered Engineering Firm 3252 December 6, 2019 Mr. Mark Maynard Remarkable Properties, LLC 10 South Cardinal Drive Wilmington, North Carolina 28403 ECS Project No. 22:28644 Reference: Engineering Report Middle Sound West Wilmington, New Hanover County, North Carolina Dear Mr. Maynard: ECS Southeast, LLP (ECS) has completed the engineering analyses for the above - referenced project. ECS previously performed a subsurface exploration and geotechnical report for the project dated September 25, 2019. This report presents our understanding of the geotechnical aspects of the project along, the results of the field exploration conducted, and our design and construction. It has been our pleasure to be of service to Remarkable Properties, LLC during the design phase of this project. We would appreciate the opportunity to remain involved during the continuation of the design phase, and we would like to provide our services during construction phase operations as well to verify the assumptions of subsurface conditions made for this report. Should you have any questions concerning the information contained in this report, or if we can be of further assistance to you, please contact us. Respectfully submitted, ECS Southeast, LLP Annemarie Crumrine, E.I. Project Manager ACrumrine@ecslimited.com Winslow Gains, PE Principal Engineer WGoinsicDecslimited. com K- 12/06/19 CD 6714 Netherlands Drive, Wilmington EM,;'rc�§# rtmT48pegbojl .4 9, 1O�d0 -686 -9666 • www.ecslimited.com ECS Capitol Services, PLLC • ECS Florida, LLC • ECS Mid -AITEE K 15C:5 -12CS Midwest, LLC • ECS Southeast, LLP • ECS Texas, LLP Middle Sound West December 6, 2019 ECS Project No. 22:28644 Page 1 1.0 PROJECT INFORMATION 1.1 PROJECT LOCATION The proposed project site is located on Lendire Road in Wilmington, New Hanover County, North Carolina. Figure 2.1.1 below shows an image of where the site is located. Z 1! Figure 2.1.1 Site Location 1.2 CURRENT ROADWAY CONDITIONS The site currently consists of a portion of the existing Lendire Road roadway. From historical images found on Google Earth, the original Lendire Road roadway appears to have been built between 1998 and 2002 and between October 2016 and March 2018 the southern part of the roadway near the site was realigned and resurfaced as part of Middle Sound Loop Extension. Based on the approximate elevations taken from New Hanover County GIS, the site elevations on Lendire Road range from around 42 to 4S feet. 1.3 PROPOSED DEVELOPMENT TRAFFIC Based on the information provided by Krupanidhi Koilada of Davenport, ECS understands that the traffic load from the proposed development will consist of 779 daily trips on the newly constructed Middle Sound Loop Extension and 92 daily trips on the existing Lendire Road northwest of the development. Board of Commissioners - March 9, 2020 ITEM: 15- 5 - 3 Middle Sound West ECS Project No. 22:28644 2.0 ANALYSIS December 6, 2019 Page 2 The addition traffic from the proposed development for Lendire Road over a 20 year period will be 270 Equivalent Single Axel Loads (ESALs). The typical NCDOT recommended pavement section of 1.5 inches of surface mix overlying 6 inches of ABC stone is designed to support 12,500 ESALs. The traffic load for Lendire Road was not provided to ECS, but based on the typical traffic loads for residential neighborhoods, the additional traffic from the development will not degrade the existing pavement section beyond its designed life span. Depending on when the original roadway was constructed, Lendire Road appears to near or beyond the typical design life for a pavement section. It is important to note that heavy truck traffic significantly increases the ESALs on a pavement section. ECS understands that for this project that construction traffic will be routed on Middle Sound Road Extension to Market Street and will not use Lendire Road to exit the proposed development. Board of Commissioners - March 9, 2020 ITEM: 15- 5 - 4 Middle Sound West December 6, 2019 ECS Project No. 22:28644 Page 3 3.0 CLOSING ECS has prepared this report of findings, evaluations, and recommendations to guide geotechnical- related design and construction aspects of the project. The description of the proposed project is based on information provided to ECS by Davenport. If any of this information is inaccurate, either due to our interpretation of the documents provided or site or design changes that may occur later, ECS should be contacted immediately so that we can review the report in light of the changes and provide additional or alternate recommendations as may be required to reflect the proposed construction. We recommend that ECS review the project's plans and specifications pertaining to our work so that we may ascertain consistency of those plans /specifications with the intent of the geotechnical report. Field observations, monitoring, and quality assurance testing during earthwork and foundation installation are an extension of and integral to the geotechnical design recommendation. We recommend that the owner retain these quality assurance services and that ECS be allowed to continue our involvement throughout these critical phases of construction to provide general consultation as issues arise. ECS is not responsible for the conclusions, opinions, or recommendations of others based on the data in this report. Board of Commissioners - March 9, 2020 ITEM: 15- 5 - 5 Case: Site Address: S19 -02 7200 block Market St/ 200 block Lendire Rd cr ;o do ' cr 6 FT Existing Zoning /Use: B -2 /Undeveloped /0 `GENERAL% ! RESIDI:NIT S19 -02 1,000 11E'� n ni sinners - Marc , 2020 M:15 -7 -1 /b Proposed Use: a Mixed Use 00 �.(Q O4+ Qv Oe� i o Lqffi C7 ti WA Bq yam_ DE R �a ,o 0 'i A0— —IN "vN VVHEEV WAY Place Types OP COMMERCE ZONE z EMPLOYMENT CENTER W C� — �V' GENERAL RESIDENTIAL © lu URBAN MIXED USE COMMUNITY MIXED USE RURAL RESIDENTIAL NN Era D CONSERVATION Case: �71 1=.JM+r4 �jk I I I Site Address: 7200 block Market St/ 200 block Lendire Rd O � `Q Cif , �Q - I f 1- \. Existing Zoning /Use: B -2 /Undeveloped a� 332 / q/ .� 331 321 • 27 tit Q(!!� }jj 323 FQR 220 :01 z25` • ■ 212 ■ 221216 • 208. 204 217 • _ ■ • i 209 201 '•pN, / 213 • ■205 • X222 G�: 5`L i /m0 216 z03 .218 ■ s0 -vz = '223 1% ■ 7424 217.215 214, 7 21 422 / ■ \/ 7418 7420 7429 7416 7427 74_ /77412 7425 =•743 X4 ■ X7410 7421 231 . a / 7426 \/ 7415 20 ■ 7424 7413 ;/,x-17422 74110 / 7418 7407 ■!7409 7416 7405 It\ • 7414 741a ■ \ • 7412 740037408i` \ 7402.7406 311 \ 7404 ■� ` 7314 y�/!�73�\ 7241 '2177217 X217 ,z 17.7213 5 y 7209 ■ 7%<.., 211 7247 // O� 7200 O. 7135 1,000 • BOOF fFC-- .. i sioners - Marc 2020 M:15 -8 -1 W!/0% ` 2 ■ 7245 7225 ■ ■ \ 7231 7235 7221 7225 ■ 7219 •7223 7211 • :�x 1 '71rm ■11, - r -\ \ Proposed Use: Mixed Use 7415 ■ 7409 ■ 0 7409 7375 7411 ■ CUD B-Z I CUDrO &1 I R -10 CZD S19-02 0. Sri I 0. / 4� 0 &1 464 B -2 R -15 WAYNERI j 1 DG_E ('" ��� 0 1 CITY 0 G- - / 'f1►. UYyEEL,- WAY. Z W f o W �o CZD R -15 R -20 �SHaRE Po�Nr DR `om� "n s ih 6 APPLICANT MATERIALS Board of Commissioners - March 9, 2020 ITEM: 15- 9 - 1 NEW HANOVER COUNT DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina Telephone (910) 798 -7165 FAX (9 T 0) 798 -7053 plan n i ngdevelopment. n hcgov.co m SPECIAL USE PERMIT Application Applicant/Agent Information Property Owner(s) If different than ApplicantlAgenf Name Owner Name Mark Maynard, Jr. Coswald, LLC Company Owner Name 2 Tribute Companies Address Address 10 S. Cardinal Dr. 1030 E. Wendover Ave. City, State, Zip City, State, Zip Wilmington, NC 28403 Greensboro, NC 27405 Phone Phone (910 251 -5030 Email Email jr @tributecompanies.com Subject Property Information Address /Location A portion of 7241 Market St., Wilmington, NC, Parcel Identification Number(s) A portion of R04400- 001 - 003 -000 Total Parcels) Acreage Total parcel acreage is ± 30.84 acres, Special Use Permit requested for ±15.00 acres. Existing Zoning and Use(s) B -2 zoning district, undeveloped land. Future Land Use Classification Urban Mixed Use Application Tracking Information Case Number Date /Time received: Received by: 519 Board of Commissioners - March 9, 2020 Page 3 of 8 ITEM: 15- 10 - 1 Special Use Permit Application — Updated 7/2017 Proposed Use(s) & Written Description Please list the proposed use or uses of the subject property, and provide the purpose of the Special Use Permit and a description of the project (please provide additional pages if needed). The Applicant is proposing a mixed -use development consisting of 288 multi - family units and t 9,100 sq ft. of commercial space in the B -2 District pursuant to New Hanover County Zoning Ordinance Sec. 72 -38. For further description of the proposed project and Special Use Permit request please see attached Exhibit A. Traffic Impact Worksheet Please provide the estimated number of trips generated for the proposed use(s) based off the most recent version of the Institute of Transportation Engineers (ITE) Trip Generation Manual. A Traffic 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: Please see TIA prepared by Davenport dated June 24, 2019 Trip Generation Variable (gross floor area, dwelling units, etc.): AM Peak Hour T PM Peak Hour Trips: Board of Commissioners - March 9, 2020 Page 4 of 8 ITEM: 15- 10 - 2 Special Use Permit Application — Updated 72017 For each of the four required conclusions listed below, include or attach a statement that explains how any existing conditions, proposed development features, or other relevant facts would allow the Board of County Commissioners to reach the required conclusion, and attach any additional documents or materials that provide supporting factual evidence. The considerations listed under each required conclusion are simply those suggested to help the applicant understand what may be considered in determining whether a required conclusion can be met. You should address any additional considerations potentially raised by the proposed use or development. 1. The use will not materially endanger the public health or safety if located where proposed and approved._ Considerations: • Traffic conditions in the vicinity, including the effect of additional traffic on streets and street intersections, and sight lines at street intersections with curb cuts • Provision of services and utilities, including sewer, water, electrical, garbage collections, fire protection • Soil erosion and sedimentation Protection of public, community, or private water supplies, including possible adverse effects on surface waters or groundwater Anticipated air discharges, including possible adverse effects on air quality Please see attached Exhibit A. 2. The use meets all required conditions and specifications of the Zoning Ordinance. Please see attached Exhibit A. Board of Commissioners - March 9, 2020 Page 5 of 8 ITEM: 15- 10 - 3 Special Use Permit Application — Updated 7/2017 ji if OR .+ a :- r�7 7 ! i .: a a , fil. W sigg � 3. The use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. Considerations: • The relationship of the proposed use and the character of development to surrounding uses and development, including possible conflicts between them and how these conflicts will be resolved (i.e. buffers, hours of operation, etc) • Whether the proposed development is so necessary to the public health, safety, and general welfare of the community or County as a whole as to justify it regardless of its impact on the value of adjoining property Please see attached Exhibit A. 4. 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 New Hanover County Comprehensive Land Use Plan. Considerations: • The relationship of the proposed use and the character of development to surrounding uses and development, including possible conflicts between them and how these conflicts will be resolved (i.e. buffers, hours of operation, etc) • Consistency with the Comprehensive Plan's goals, objectives for the various planning areas, its definitions of the various land use classifications and activity centers, and its locational standards Please see attached Exhibit A. Board of Commissioners - March 9, 2020 Page 6 of 8 ITEM: 15- 10 - 4 Special Use Permit Application — Updated 72017 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 ". Staff will confirm if an application is complete within five business days of submittal. Applications must be complete in order to process for further review- Board of Commissioners - March 9, 2020 Page 7 of 8 ITEM: 15- 10 - 5 Special Use Permit Application — Updated 7/2017 Applicant Staff Required Inforrrvation Initial or Initial or N/A J N/A 1 Complete Special Use Permit application. �.. 2 Application fee — ($500; $250 if application pertains to a residential use (i.e. 5 mobile home, duplex, family child care home). i 3 Traffic Impact Analysis (for uses that generate more than 100 peak hour trips). 85 4 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 structures, 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. • The approximate location of US Army Corps of Engineers Clean Water Act Section 404 and Rivers and Harbors Act Section 10 Wetlands, and wetlands under jurisdiction of the NC Department of Environmental Quality. • 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 Federal or State law or Local Ordinance. • Any other information that will facilitate review of the proposed change (Ref. Article VII, as applicable). 5 1 hard copy of ALL documents AND 8 hard copies of the site plan. Additional hard copies may be required by staff depending on the size of the document site plan. 6 1 PDF digital copy of ALL documents AND plans. Board of Commissioners - March 9, 2020 Page 7 of 8 ITEM: 15- 10 - 5 Special Use Permit Application — Updated 7/2017 ACKN0IM�EDGEMEN7 AND.:SIGNAT -URES By my signature below, I understand and accept all of the conditions, limitations and obligations of the Special Use Permit for which I am applying. I understand that the existing official zoning map is presumed to be correct. understand that I have the burden of proving that the proposal meets the four required conclusions. 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. Authority for Appointment of Agent Form If applicable, I also appoint the opplicant/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 on 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 things directly or indirectly connected with or arising out of this application. 8 6 6- nd_ _�ff I N &) ent Coswald, LLC Signature of Property'Owner(s) Print Name(s) Tribute Companies By: Mark Maynard, Jr. Signature of Applicant /Agent 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. *The land owner or their attorney must be present For the application at the public hearings. 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 colendared 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.lf 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. Staff Only ,-For Application Received ComRequired gY (da e�atioii " tern as dO1 " forinett Planning Board M' a ng! . Page B of 6 Board of Commissioners - March 9p49PUse Permit Application — Updated 7/2017 ITEM: 15- 10 - 6 By my signature below, I understand and accept all of the conditions, limitations and obligations of the Special Use Permit 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 that the proposal meets the four required conclusions. 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. Authority for Appointment of Agent Form 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 things directly or Indirectly connected with or arising out of this application. Signature of Property Owner(s) Signature of Applicant /Agent Coswald, LLC By: Print Name(s) Tribute Companies By: Mark Maynard, Jr. Print Nance NOTFt 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. *The land owner or their attomgy must be present for the agplication at the public hearings. 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 colendared 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. For Stoff Only p�i cttti' �,..,:�!�: •� • �..... aw, =�aa� ......x -,.fir: _' ±.."`,a;!: r Board of Commissioners - March 9, 2020 Page 8 of 8 ITEM: 15- 10 - 7 Special Use Permit Application— Updated 7/2017 Exhibit A to Special Use Permit Application Portion of 7241 Market St. New Hanover County PARID: R04400- 001 -003 -000 (Special Use Permit request for x-15.00 acres of a ±30.82 acre tract) The Applicant, Tribute Companies, is requesting a Special Use Permit for residential uses within a commercial district pursuant to NHC Zoning Ordinance § 72 -38 as part of a proposed mixed -use development consisting of 288 multi - family units and ±9,100 sq. feet of commercial space on a portion ( ±15.00 acres) of a ±30.82 acre parcel located at 7241 Market Street (NHC Tax Parcel ID No. R04400- 001 - 003,000), as illustrated above. The entire parcel is currently zoned B -2 Highway Business District. Residential uses are allowed within the B -2 District by Special Use Permit, subject to prescribed conditions listed in Section 72 -38. The portion of the parcel not included in this Special Use Permit request ( ±15.82 acres) will allow opportunities for future B -2 commercial development intended to complement both the commercial and residential components of the proposed development. Board of Commissioners - March 9, 2020 ITEM: 15- 10 - 8 1. The use will not materially endanger the public health or safety if located where proposed and approved. The proposed use will not endanger the public health or safety if located where proposed and approved. The subject property is already zoned general B -2 Highway Business District, without conditions. The general B -2 zoning on this property allows for larger and more intensive commercial uses by -right than currently proposed under the Special Use Permit proposal. The proposed development pursuant to Section 72 -38 will ensure a more compatible transition from the more intense commercial uses typically found along Market Street in this vicinity to the existing single - family residential neighborhood adjacent to the subject property. Allowing this property to be developed pursuant to the Special Use Permit with conditions, moreover, will provide a better opportunity and framework to ensure compatibility with surrounding uses than would likely result under a general B -2 District development. This Special Use Permit proposal also ensures that the development will be a high - quality mixed -use development providing for an integration of diverse but compatible uses into a single development, unified by distinguishable design features, with amenities and walkways to increase pedestrian activity. It is also significant to note that under Section 72 -38, all commercial uses under the Special Use Permit are restricted to residential and B -1 commercial uses. In this regard, the Special Use Permit request is effectively similar to downzoning a portion of the property from B -2 (General District without conditions) to B -1 (with conditions pursuant to the Special Use Permit process) as it is related to proposed commercial uses under the Special Use Permit. By way of illustration, some of the uses currently allowed by- right in the B -2 District which are not allowed in the B -1 District include: mini - warehouses; RV and boat trailer storage lots; dry-stack storage of boats as a standalone warehouse; warehousing; wholesaling with no outside storage; auto dealers and truck sales; boat dealers; building materials and garden supplies; automobile/boat repairs sales; equipment rental and leasing; and septic tank vacuum service. Additionally, the B -2 District allows more than 30 manufacturing uses by Special Use Permit which are simply not allowed in the B -1 District. In addition to the foregoing, adequate utilities and infrastructure including water and sewer are available for the site, as it is located along the Market Street corridor close to the City of Wilmington limits. A traffic impact analysis has been conducted, and pursuant to the TIA review and Special Use Permit approval process, all required traffic improvements will be made. The project will be engineered and constructed in accordance with New Hanover County and North Carolina stormwater regulations. 2. The use meets all required conditions and specifications of the Zoning Ordinance. E Board of Commissioners - March 9, 2020 ITEM: 15- 10 - 9 The proposed use meets all required conditions and specifications of the Zoning Ordinance. As stated above, the current zoning of the subject property is B -2 Highway Business District. Under Section 72 -38 of the Zoning Ordinance, residential uses are allowed within the B -2 district by Special Use Permit as part of a mixed -use development meeting certain criteria designed to ensure a high quality project with an integration of diverse but compatible uses into a single development, unified by distinguishable design features. As illustrated in the concept plan below, the project is comprehensively planned from the standpoint of site design, setbacks, buffering, landscaping, stormwater management, parking and traffic distribution elements consistent with the zoning ordinance. In addition to review by County Staff, the New Hanover County Planning Board and ultimately the New Hanover County Board of Commissioners, the project will also be reviewed by the Technical Review Committee to ensure compliance. - ;a 1W %warm 1W '%% r -ur Middle Sound West will incorporate high quality architecture and site design to create a cohesive project in which residential and commercial uses complement each other in an efficient, walkable community. The project includes moderate density multi- family residential along with four mixed -use buildings that will include office /retail space as well as residential units. Sidewalks are provided throughout and parking is shared, creating a more efficient use of space. Community facilities and common area are provided, including a village green and pocket park shown on the site plan, and community amenities for the residents and their guests, including a clubhouse and pool. In addition to the included mixed -use elements, further horizontal mixed -use is achieved via the nearby commercial businesses within close walking distance of the site, including restaurants, a business park, and recreation and entertainment facilities. Also, the remaining portions of the larger subject parcel, which are already zoned B -2, will provide 3 Board of Commissioners - March 9, 2020 ITEM: 15- 10 - 10 for future commercial uses along the Market Street corridor to complement the proposed residential and commercial development. 3. The use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. The proposed development will not substantially injure the value of adjoining or abutting property. The existing parcel is currently zoned B -2. The proposed Special Use Permit will limit the portion of the parcel closest to the adjacent residential neighborhood to residential and a less- intense range of possible B -1 uses. The residential component of this proposal will ensure that the commercial uses provided for in the Special Use Permit development will be neighborhood -scale retail and office and compatible with both the existing nearby residential uses and the proposed residential uses within the development. The Special Use Permit request allows a transition between the existing neighborhood to the west and more intensive commercial uses along and in closer proximity to the Market Street Corridor. Without the Special Use Permit, the entire parcel is open to general B -2 development without conditions. Allowing residential uses in the B -2 by way of this Special Use Permit request will help ensure compatibility with the surrounding area. Additionally, a vegetative buffer will be provided between Middle Sound West and the existing neighborhood, any traffic improvements required by the traffic impact analysis will be made, and the project will incorporate a stormwater engineering plan where none exists now. The buildings will be constructed with high - quality, aesthetically pleasing facades and fenestrations, and the site design will incorporate greenspaces and sidewalks to ensure that Middle Sound West is a visually pleasing development and an enhancement to the area. The commercial components will provide adjacent residents with additional options for goods and services within walking or bicycle riding distance. All other adjacent parcels to the northeast, southeast and southwest are currently zoned 13-2, and would also not be negatively impacted by the Special Use Permit request. The additional residences will also provide additional customers for commercial businesses existing or to be developed on B -2 properties, enhancing horizontal mixed - use that would benefit the surrounding area as a whole. 4. 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 New Hanover County Comprehensive Land Use Plan. The proposed project is in harmony with the area in which it is to be located. The zoning map below shows that the larger subject parcel is zoned B -2 and bordered by B- 2 on both the northeast and southwest property boundaries and Market Street on the 4 Board of Commissioners - March 9, 2020 ITEM: 15- 10 - 11 southeast. To the northwest, there is a residential community zoned R -10. The proposed mixed -use development provides a buffer of multi - family residential and smaller, neighborhood -scale B -1 uses in closer proximity to the existing neighborhood, which also ensures that more intensive uses will not be built within the Special Use Permit area directly adjacent to the R -10 developed property. Residents of the proposed multi - family residences will be able not only to walk or ride a bike to the commercial uses in the proposed development, but will be within walking distance of existing restaurants, offices, and recreational and entertainment uses. u u 7 YY� 4'r I1�4 0 This location lends itself to such a horizontal mixed -use development pattern, which is a benefit to New Hanover County. According to the Comprehensive Plan, New Hanover County is expected to continue its population boom for the next two decades with as many as 337,054 residents by the year 2040. More housing will be needed to accommodate that growth. Multi - story, multi - family residential is a more efficient way to meet this housing demand given the limited area of New Hanover County and relatively few remaining larger vacant tracts with access to sufficient infrastructure allowing opportunities for increased residential density and mixed -use development. The Comprehensive Plan encourages and recommends a more mixed -use approach to land use than the predominate development pattern taking place over the past few decades. The subject property is designated as Urban Mixed Use placetype in the Comprehensive Plan as illustrated below. The Urban Mixed Use placetype advocates moderate to high density multi - family residential uses as well as both vertical and 5 Board of Commissioners - March 9, 2020 ITEM: 15- 10 - 12 horizontal mixed -uses to include office and retail uses. This project incorporates all of those elements recommended by the Comprehensive Plan: Urban Mined Use Placetype wW paa®1 �.rwMtiM.CPR+A M1.lal4�Y'1.'/.. Nwr..w +r.rrparww�wa IMrt{wFlNe ■ IMIO.IYM(INR. tBPW aRYNIW a .........rte �...,... `...._«..�... : �.� �.=... mow,{....... BIw I�UHi a.a. .v... u. .e.r N:..e u.. .N wo a r..r.r La VF,otf1.IN11NT {NL +1. ,tee L . 6 DEFINITION This placetype provides access to a mix of residential, office, and retail uses at higher densities. Multi- family residential uses arc preferred, though higher- density single family developments will riot be prohibited. Mixed uses are encouraged in the same footprint in ❑ vertical pattern, but they can also be adjacent, or separated by lower traffic local and collector roads in a horizontal pattern. This placetype Use Number of Stories Ideal Density Office 3 -7 Moderate/ High Retail 1 -3 Low /Moderate planned 2 -7 Moderate/ Development High Residential 2 -5 Moderate/ High Commerdal/ 2 -7 Moderate/ Mixed Use HGoh Board of Commissioners - March 9, 2020 ITEM: 15- 10 - 13 Additionally, the proposed project is consistent with many of the Goals, Implementation Strategies and Implementation Guidelines of the Comprehensive Plan such as promoting both fiscally and environmentally responsible growth. Goal III: Promote fiscaliv res onsible growth. Implementation Strategies Implementation Guidelines C. Encourage infill development on vacant or blighted III.C.1 Encourage a mixture of uses that pieces of existing communities by providing create opportunities for shared parking incentives such as grants, but not limited to; density and setback requirements to serve the bonuses, and /or a reduction of parking requirements overall community. and /or setbacks. existing communities through encouraging infill and D. Encourage the redevelopment of single uses into III.D.1 Encourage incremental mixed -use developments where appropriate. transformation of single uses into with the surrounding neighborhoods. compatible mixed use centers that are IX.D.2 Encourage infill development to compatible with the surrounding maximize use of previously developed sites nei hborhoods. E. Encourage redevelopment of aging corridors to III.E.1 Encourage revitalization and support and strengthen adjacent neighborhoods. redevelopment of blighted infill sites into compatible mixed uses that enhance nearby residential areas through incentives such as density bonuses, shared parking, and /or innovative buffering. F. Encourage development where existing III.F.1 Encourage increased density in infrastructure is available. Urban Mixed Use areas within close proximity of City of Wilmington jurisdic- tion and Growth Nodes as identified on the Future Land Use Map (Porter's Neck/Kirkland, Monkey Junction, and 1- 40/1 -140 Interchange) in an effort to create densities that can support future infrastructure. Goal IX: Promote environmen Illy responsible growth. Implementation Strategies Implementation Guidelines A. Promote a mixture of uses where appropriate in IX.A.1 Encourage mixed use development an effort to cluster development and minimize that rewards development practices which impacts on natural resources. exceed minimum standards. D. Strengthen and direct development toward X.D.1 Encourage incremental inclusion of existing communities through encouraging infill and mixed uses into areas that are single use redevelopment. dominated where the uses are compatible with the surrounding neighborhoods. IX.D.2 Encourage infill development to maximize use of previously developed sites for highest and best use. 7 Board of Commissioners - March 9, 2020 ITEM: 15- 10 - 14 In sum, the proposed project will be in harmony with the area in which it is to be located and consistent with virtually all of the numerous policies and goals of the New Hanover County Comprehensive Land Use Plan promoting and encouraging mixed -use development. M. Board of Commissioners - March 9, 2020 ITEM: 15- 10 - 15 NEW HANOVER COUNTY 1 =t PLANNING & LAND USE AUTHORITY FOR %j APPOINTMENT OF AGENT 230 Government Center Drive Suite 110 Wilmington, NC 28403 910 -798 -7165 phone 910 -798 -7053 fax w%%,w.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 Matthew A. Nichols Coswald, LLC 7241 Market St. Company Owner Name 2 City, State, Zip Law Office of Matthew A. Nichols Wilmington, NC Address Address Parcel ID 3205 Randall Pkwy, Suite 104 1030 E. Wendover Ave. R04400- 001 -003 -000 City, State, Zip City, State, Zip Wilmington, NC 28403 Greensboro NC 27405 Phone Phone (910) 508 -7476 Email Email matt @mattnicholslaw.com Ica" Number Reference: Date/Time received: Received by: This document was willfully executed on the Coswald, LLC: day of U t,z 20 A - J-4 , A.I. 0 &A A:4-� Owner Signat re V Owner 2 Signature By: *5. L"� SKrj�rtly!�- Printed Name T4tle Board of Commissioners - March 9, 2020 ITEM: 15- 10 - 16 NEW HANOVER COUNTY ,.r PLANNING & LAND USE A UTHORITY 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 applicant 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: I. 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 Applicant(s) Subject Property Name Owner name Address Matthew A. Nichols Tribute Companies 7241 Market St. Company Owner Name 2 City, State, zip Law ©fiice of Matthew A. Nichols Wilmington, NC Address Address Parcel ID 3200 Randall Pkwy, Suite 104 10 S. Cardinal Dr. 804400- 001 - 003 -000 City, State, Zip City, State, Zip Wilmington, NC 28403 NC 28403 Phone -Wilmington, Phone (910) 508 -7476 (910) 251 -5030 Email Email matt@mattnicholslaw.com Application Tracking Information 1r @tributecompanies.com (St9fl, OnIN.) Case Number Reference: Date/Time received: Received by: I'his document was willfully executed on the day of �(n � _y . 20 Tribute Companies: Applicant 1 Signature By: Mark Maynard, Jr. Board of Commissioners - March 9, 2020 ITEM: 15- 10 - 17 09114 PARAMOUNTE I--- N C3 1 N Lz� F-= R I " C__, I N C. July 2, 2019 MIDDLE SOUND WEST 7241 MARKET STREET COSWALD LLC Deed Book 4883, Page 903 All that tract or parcel of land located in Harnett Township, New Hanover County, State of North Carolina, being a portion of the lands conveyed to Coswald LLC as recorded in Deed Book 4883 at Page 903; said parcel being more particularly described as follows: Beginning at an iron rod located at the southwesterly corner of the herein described parcel; said iron rod located on the northeastern right of way of Lendire Road being a 60' right of way. Thence along the northwestern line of said parcel and the southeastern side of Jacobs Ridge West Bay HOA, Inc recorded in deed book 3576 page 824, N 45 °45'11" E a distance of 156.96' to an existing iron pipe; Thence N 37 °23'17" E a distance of 1079.69' to an existing iron pipe; Thence turning and running with the lands of Camelot Campground, Inc as recorded in deed book 1863 page 212, Thence S 60 °33'55" E a distance of 555.53; Thence with a new boundary line running through said Coswell LLC parcel the following eight (8) calls: Thence S 37 °23'17" W a distance of 895.06; Thence S 49 °23'06" E a distance of 75.16'; Thence S 45 °42'15" W a distance of 38.00'; Thence S 47 °58'39" W a distance of 29.38'; Thence N 53 °00'18" W a distance of 290.32; Thence S 36 °46'05" W a distance of 226.05'; Thence S 53 °03'22" E a distance of 245.34; Thence S 45 °32'58" W a distance of 202.55'; Thence along the right of way of Lendire Road N 44 °30'42" W a distance of 571.58'; to the point of beginning, Having an area of 681,189 + /- square feet, 15.638 + / -acres more or less. 5 9 1 1 ❑ L E A N D E R D R I V E , S T E . 2 ❑ 1 , W I L M I N G T O N , N C 2 8 4 ❑ 3 P H ( 9 1 0 7 9 1 - 6 7 ❑ 7 F A X : ( 9 1 ❑ ) 7 9 1 - 6 7 6 0 Board of Commissioners - March 9, 2020 ITEM: 15- 10 - 18 PARAMOUNTE Ez N G 1 N L E Prt I N G. I N C MEMORANDUM Date: August 22, 2019 To: To whom it may concern From: Tim Clinkscales, PE, PLS RE: Stormwater for Project We understand the concern of the community in regard to stormwater detention, in that vein, we are designing the stormwater facilities to handle up to and including the 100 -year event. This event exceeds the county requirement of the 25 -year event, in addition, all stormwater on the site will be conveyed into our stormwater facilities, therefore any stormwater that flows into the northern ditch/ market street today will be now conveyed to our stormwater facility. For water quality, our basin is 60% larger than the required by NCDEQ, in addition will be providing pretreatment measures to enhance the water quality in our treatment system. In conclusion, we believe that the stormwater system will be enhanced by this project since the stormwater flow for all storms will be less than its current condition. 1 2 2 0 1 N E M A D R I V E, W I L M I N G T ❑ N, N C 2 8 4 ❑ 3 P H : ( 9 1 ❑) 7 9 1 - 6 7 (_3 7 F A X: ( 9 1 ❑) 7 9 1 - 6 7 6 ❑ Board of Commissioners - March 9, 2020 ITEM: 15- 10 - 19 0 DAVENPORT August 22, 2019 RE: Summary of Trip Generation Comparison Middlesound West, New Hanover County, NC DAVENPORT Project Number 190231 This memorandum is in response to a request from the owner to provide a comparison of Trip Generation of the "By Right (B -2) Use" versus the "Proposed Use" for the proposed Middlesound West development project located in New Hanover County, NC. DAVENPORT prepared a conservative comparison of Trip Generation of the `By Right (B -2) Use" versus the "Proposed Use ". Under the existing B -2 zoning, there are many potential commercial land uses that could be developed by right on this 15 acre property or it could be developed as a Big Box Retail Store(s) or Retail Center. As a conservative approach, we assumed a mix of retail, office and restaurant uses totaling approximately 116,000 SF. With this mixture of uses, internal capture reductions were included as well to be conservative in the trip generation comparison. In general, the results indicate that this potential conservative "By -Right Use" would generate approximately 3 times more traffic, and this could even be higher depending on the actual size and land uses developed on the property. Summary Table of Trip Generation Comparison Use AM Peak Traffic Volumes PM Peak Traffic Volumes Daily Traffic Volumes Proposed 71% less traffic 65% less traffic — 2/3 less traffic By Right 3.5 times more traffic 2.8 times more traffic — 3 times more traffic "Proposed Use" Trip Generation Table :A Middlesound West Average Weekday Drive%vay Volumes 24 Hour AM Peak PM Peak Two -Way Hour Hour Land Use ITE Land size Method 'Volume Enter Exit Enter Exo Ada iame Multifarn ly Hcou5ing (Love- 2220 24,0 Dwelling Adjacenv 141 3 9 10 6 Rises Units Equation Mumfemily Housing (Mid- 221 264.0 Dwelling Adjacent? 1,437 23 66 69 Rise) Units Equation Small Office X12 32.0 Employees Generator) � ��� 5 1a 29 32 Building Equation Total Unadjusted Trips 1.833 51 89 11108 92 Home Office: Wilmington Regional Office: Serving the Southeast since 2002 119 Brookstown Ave. Suite PH1 3722 Shipyard Boulevard, Suite E Winston - Salem, NC 27101 Wil in ton, NC 28403 Main: 336.744.1636; Fax: 336.458.9377 Board FWr9be94g 9j7 ITEM: 16- 10 1 20 Page 2 0 DAVENPORT Potential "By -Right Use" Trip Generation Table 8/22/2019 DAVENPORT Project No. 190231 I am a Registered Professional Engineer in the State of North Carolina and hereby certify that the results outlined herein were determined using methods prescribed by the standards of Traffic Engineering. If you need additional information or have any questions, please feel free to contact me at 910 - 251 -8912. Sincerely, Daniel R. Cumbo, PE Senior Associate cc: File 190231 Home Office: Wilmington Regional Office: Serving the Southeast since 2002 119 Brookstown Ave. Suite PH1 3722 Shipyard Boulevard, Suite E Winston - Salem, NC 27101 Wilmington, NC 28403 Main: 336.744.1636; Fax: 336.458.9377 Board WFYP9" g§i0W§: -FlW0694 9j7 ITEM: 15- 10 - 21 10MUM-5—un-dWest Average Weekday LrivewayVolumes 24 Pour AM Peak Hour PNI Peak Hour Tw* -W Land Use lid Land S � Da Volume Enter Exit Eater Exit Code Small Office Buildin 712 45,0 Employees Generattor± Equation 359 33 is 40 48 Shopping Center I= 52.0 40.0 10+04 GFA Adjacent Equation 3,224 107 132 143 Shopping Center 320 50.0 9000 �GFA Adjacent/ E cation 3,752 110 67 156 160 Shopping enter pry €1.20 8.4 t(y00 GLA Adjacent" Equation 1.118 54 33 42 45 High-Turnover (Sit Do.-,n i Restaurant "MmiGTM 932 &I 7 -0 • R M. 4T* a 10700 GFA 4 `Cen'eratvr,, Rate 7$5 e 60 1 42 B3 58 office 1 temal Capture J .1 etai I I nternal a tore -11 -23 -23 -25 Restaurant Internal Oapture -1 1 -1 1 -26 LUC h urnover estaurant `35A .6 0 1 -1 -1 U in enter i :0 0 0 tC, CrO I am a Registered Professional Engineer in the State of North Carolina and hereby certify that the results outlined herein were determined using methods prescribed by the standards of Traffic Engineering. If you need additional information or have any questions, please feel free to contact me at 910 - 251 -8912. Sincerely, Daniel R. Cumbo, PE Senior Associate cc: File 190231 Home Office: Wilmington Regional Office: Serving the Southeast since 2002 119 Brookstown Ave. Suite PH1 3722 Shipyard Boulevard, Suite E Winston - Salem, NC 27101 Wilmington, NC 28403 Main: 336.744.1636; Fax: 336.458.9377 Board WFYP9" g§i0W§: -FlW0694 9j7 ITEM: 15- 10 - 21 SUPPLEMENT TO APPLICATION FOR SPECIAL USE PERMIT Middle Sound West Mixed -Use Development 7241 Market Street Distinguishable Design Features Narrative As provided for in New Hanover County Zoning Ordinance Section 72- 38(1), the proposed Middle Sound West mixed -use project will be unified by a number of distinguishable design features, including the following: • High - quality, consistent architectural design will be employed throughout all of the buildings to create visually appealing facades with interesting fenestration in a cohesive design. • A complementary color scheme will be used throughout the development, and the buildings will be positioned in a walkable street grid design creating a "block" pattern. These blocks are designed such that the buildings are oriented toward the parking area, providing grass courtyard type areas of open space behind the residential buildings with connecting sidewalks to encourage pedestrian movement and outdoor activities. • The common theme and cohesive vehicular and pedestrian connections throughout the project will include consistent high - quality design features, including landscaping, park benches, bicycle racks, street lights and signage. • Sidewalks provided throughout the development along all block -faces and interior courtyard areas will help energize the project and encourage residents to walk within the development and to existing and future commercial uses in the vicinity. A central roundabout provides a design focal point as well as a traffic calming measure. • Energy- efficient LED streetlights, consistent in design, will be placed throughout the development at regular intervals to improve nighttime visibility. • Middle Sound West will feature several amenities for residents, including a community pool, clubhouse and community building. A large village green community space will promote outdoor activities. A large zero curb plaza will connect the pool and amenities building to the village green. All amenities are connected to the sidewalk system for the overall project. Board of Commissioners - March 9, 2020 ITEM: 15- 10 - 22 REPORT OF COMMUNITY MEETING Special Use Permit for a portion of 7241 Market St. New Hanover County Planning File No. S 19 -02 The undersigned hereby certifies that written notice of a community meeting for the above - referenced special use permit request was mailed via First Class Mail to all property owners within 500 feet of the subject property as listed on the County tax records on August 7, 2019, and also submitted to the County Planning Department on August 7, 2019 for e-mail distribution via the "Sunshine List ". A list of all adjacent property owners to whom written notice was mailed is attached hereto as Exhibit "A ". A copy of the written notice is also attached as Exhibit `B ". Copies of all envelopes that were returned undeliverable are attached as Exhibit "C" The meeting was held at the following time and place: Monday, August 19, 2019, from 6:00 p.m. to 7:30 p.m. at Covenant Church, 210 Station Rd., Wilmington, North Carolina. The persons in attendance were: For a list of persons in attendance, please see copy of sign -in sheets from the Community meeting attached hereto as Exhibit "D ". On behalf of the Applicant the following people were in attendance: Mark Maynard, Jr., Molly McDonough and Maria Pietroforte, Tribute Companies; Josh Mihaly, RLA, Mihaly Land Design; Dan Cumbo, P.E., Davenport; Tim Clinkscales, P.E., Paramounte Engineering; Matt Nichols and Nikki Cooper (paralegal), Law Office of Matthew A. Nichols. The following issues were discussed at the Community Meeting: • Proposed mixed -use development and uses; • Current zoning and possible by -right uses of site; • Types of land uses allowed in the B -2 zoning; • Site design and building elevations; • Timing of Special Use Permit process and public hearings; • Fencing; • Stormwater impacts and management; • Traffic impacts and concerns; • Number and location of proposed driveways; • Proposed roadway improvements with the project; • Timeframe for NCDOT project improvements on Market Street and Military Cutoff Extension; • Amount of traffic expected to be generated by the proposed project (AM peak, PM peak and Daily Trips) and comparison of trip generation for by -right use versus proposed use; • Future intersection connection of Lendire Road and Military Cutoff Extension; • Lendire Road recently added to the NCDOT state road system. Board of Commissioners - March 9, 2020 ITEM: 15- 10 - 23 As a result of the meeting the following changes were made to proposed project: • Addition of a 6-foot wooden fence along the northwestern boundary of the project. • Addition of multi -use path. • Designing the stormwater facilities to handle up to and including the 100 -year event. Respectfully submitted, By: Vd C? 19 Matthew A. Nichols, attorney and agent for the Applicant Law Office of Matthew A. Nichols 2 Board of Commissioners - March 9, 2020 ITEM: 15- 10 - 24 OWNER ABRAMS DANIELLE ADAIR ZACHARY WILSON ADAMS JASM I N E AIKMAN TEDDY B DENISE L ANDERSON JAMES CARL ANDRESEN BONNIE J ASH JUSTIN 10HANNE BAKER AMANDA D BEALL MEGAN ELISE BECK RONALD W ELIZABETH P BENNING SUZETTE J BERRIER DANA MEREDITH BISSINGER PAUL F BOCALISI REALTY TRUST BROWN ELIZABETH BROWN JESSE R JOANNA J BROWN MICHELLE LEE BROWN SIMON A BRUNKSWICK PROPERTY SOLUTIONS LLC BRYANT DEBORAH ETAL C&J PROPERTIES OF HAMPSTEAD LLC CAMELOT HOLDINGS INC CAMERON COMPANY TIMBER LLC ETAL CAPE FEAR PUBLIC UTILITY AUTHORITY CARMO GEORGE CHOW TONY CHUNG KING TONG COGDELL CAROLYN R COLE ROBERT W IV JILLIAN F COMER BREIANNE M CORBETT TRAVIS COSWALD LLC MAILING LIS' MAILING ADDRESS 212 PALM GROVE DR 7420 ERN WAY 7423 ERN WAY 201 PALM GROVE DR 7402 ERN WAY 16082 TORREYS WAY T FOR COMMUNITY MEETING NOTICE WILMINGTON, NC 28411 WILMINGTON, NC 28411 WILMINGTON, NC 28411 WILMINGTON, NC 28411 WILMINGTON, NC 28411 BROOMFIELD, CO 80023 213 WAGON WHEEL WAY 206 BRIDGETON CT 225 PALM GROVE DR 7427 ERN WAY 7413 ERN WAY 351 LAFAYETTE STREET 1566 CIVIETOWN RD 89 ACCESS RD SUITE 1 7302 VESPAR CT 201 MARTINIQUE WAY 225 BRIDGETON CT 7403 ERN WAY 408 WHITE COLUMNS WAY 204 PALM GROVE DR 109 MIDDLE POINT RD 1900 EASTWOOD RD #10 PO BOX 3649 235 GOVERNMENT CENTER DR 7513 PETERS LN 327 LIDO DR 7420 MILAN CT PO BOX 620 331 LIDO DR 7315 MORLEY CT 217 BRIDGETON CT 1030 WENDOVER AVE E WILMINGTON, NC 28411 WILMINGTON, NC 28411 WILMINGTON, NC 28411 WILMINGTON, NC 28411 WILMINGTON, NC 28411 WILMINGTON, NC 28411 SUPPLY, NC 28462 NORWOOD, MA 2062 WILMINGTON, NC 28411 WILMINGTON, NC 28411 WILMINGTON, NC 28411 WILMINGTON, NC 28411 WILMINGTON, NC 28411 WILMINGTON, NC 28411 HAMPSTEAD, NC 28443 WILMINGTON, NC 28403 WILMINGTON, NC 28406 WILMINGTON, NC 28403 WILMINGTON, NC 28411 WILMINGTON, NC 28411 WILMINGTON, NC 28411 SUPPLY, NC 28462 WILMINGTON, NC 28411 WILMINGTON, NC 28411 WILMINGTON, NC 28411 GREENSBORO, NC 27405 CROIGER YVES MARIE CLAIRE 810 WINE CELLAR CIR WILMINGTON, NC 28411 CURTIS DONALD P 7340 MARKET ST WILMINGTON, NC 28411 Board of Commissioners - March 9, 2020 ITEM: 15- 10 - 25 PID R03600- 001 - 317 -000 R03617- 001 - 034 -000 R03617- 001 - 050 -000 R03600- 001 -320 -000 R03617 -001- 025 -000 R03617 -001- 058 -000 R03617 -001- 028 -000 R03617 -001- 092 -000 R03600 -001- 327 -000 R03617 -001- 048 -000 R03617- 001 - 054 -000 R03617- 001 -045 -000 R03617- 001 - 038 -000 R04400- 003 - 002 -000 R03617- 002 - 006 -000 R03600- 001 - 368 -000 R03617- 001 - 072 -000 R03617 -001- 059 -000 R03617 -001- 088 -000 R03600- 001 -319 -000 R04400- 002 - 035 -000 R03600- 001 - 001 -000 R03600- 006 -004 -000 R03600- 001 - 321 -000 R03617 -001- 039 -000 R03600- 001 - 305 -000 R03617- 001 - 068 -000 R03617- 002 - 010 -000 R03600 -001- 306 -000 R03617 -002- 063 -000 R03617 -001- 046 -000 R04400- 002 - 039 -000 R04400- 001 - 003 -000 R03600 -001- 315 -000 R04400- 003 - 124 -000 EIIIIIIIII tabbkr M X 2 DAP PROPERTIES LLC DAVIS REBECCA ANN DESAIX AMY C DESGRANGES MARGARET L DICELLO LOUIS M CYNTHIA L DURHAM JEFFREY D KRISTINA M REVOCABLE TR ELLINGTON LISA EVENTIDE PROPERTIES LLC FERREIRA PROPERTIES LLC FLYNN SHANEN SAGE FOREHAND PROPERTIES LLC GALE THOMAS C ALLISON L GANS STUART JESSAREIN GLOVER RICHARD H ELIZABETH T GOMEZ JASON D AMY K GOUCK PROPERTIES LLC GRANT SHELBY HOLLIDAY HARLEY CATHERINE E HARPER BENJAMIN F DELIA ETAL HARRIS JAE LEE HARTZ CHAD L SARAH E HOGAN JOHN D DONNA A HOLLAND BRADLEY PAUL HUDDLESTON ZACKARY JESSICA R HUENE JAMES L CLARA K HUYNH HUNG VAN DO THI NGUYEN IVENTOSCH MILES AMANDA LAWRENCE JACKSON WILLIAM J REGINA JACOBS RIDGE WEST BAY EST HOA JACOBS RIDGE WEST BAY HOA INC JOHNSON MARTHA K KAISER FAMILY INVESTMENTS LLC KARAMAN JENNIFER NOEL KAYE LOUANNE LATSHAW THOMAS A KATHERINE F 1535 ROYAL OAK DR 7312 MORLEY CT S 7424 ERN WAY 7419 ERN WAY 12208 RENWICK PL 7952 SANDERLING PL 217 PALM GROVE DR PO BOX 2024 2217 LOBLOLLY CT 207 BRIDGETON CT PO BOX 10793 8715 NEW FOREST DR 16 CHANNEL DR 408 WHITE COLUMNS WAY LELAND, NC 28451 WILMINGTON, NC 28411 WILMINGTON, NC 28411 WILMINGTON, NC 28411 GLEN ALLEN, VA 23059 WILMINGTON, NC 28411 WILMINGTON, NC 28411 WILMINGTON, NC 28402 WILMINGTON, NC 28411 WILMINGTON, NC 28411 WILMINGTON, NC 28404 WILMINGTON, NC 28411 WRIGHTSVILLE BEACH, NC 28480 WILMINGTON, NC 28411 7309 VESPAR CT WILMINGTON, NC 28411 8721 PLANTATION LANDING DR WILMINGTON, NC 28411 7418 MILAN CT WILMINGTON, NC 28411 7432 ERN WAY WILMINGTON, NC 28411 7408 MILAN CT WILMINGTON, NC 28411 7307 VESPAR CT WILMINGTON, NC 28411 221 PALM GROVE DR WILMINGTON, NC 28411 478 BISCAYNE DR WILMINGTON, NC 28411 321 LIDO DR WILMINGTON, NC 28411 211 BRIDGETON CT WILMINGTON, NC 28411 8141 SALTCEDAR DR WILMINGTON, NC 28411 7304 MORLEY CT WILMINGTON, NC 28411 209 BRIDGETON CT WILMINGTON, NC 28411 7303 VESPAR CT WILMINGTON, NC 28411 1630 MILITARY CUTOFF RD #104 WILMINGTON, NC 28403 1630 MILITARY CUTOFF RD #108 WILMINGTON, NC 28403 220 BRIDGETON CT WILMINGTON, NC 28411 7213 OGDEN BUSINESS LN SUITE 213 WILMINGTON, NC 28411 7407 ERN WAY WILMINGTON, NC 28411 7415 ERN WAY WILMINGTON, NC 28411 7310 VESPAR CT WILMINGTON, NC 28411 Board of Commissioners - March 9, 2020 ITEM: 15- 10 - 26 R03617 -001- 047 -000 R03617 -002- 028 -000 R03617 -001- 036 -000 R03617 -001- 052 -000 R03617 -002- 029 -000 R03600 -001- 316 -000 R03600 -001- 325 -000 R04400- 003 - 002 -003 R04400- 002 - 031 -000 R03617- 001 - 042 -000 R04406- 001 - 003 -001 R03617- 001 - 055 -000 R03617- 002 - 009 -000 R03617- 002 - 003 -000 R03617 -002- 020 -000 R03617- 002 - 024 -000 R03617- 001 - 035 -000 R03617- 001 - 067 -000 R03617- 001 - 040 -000 R03617- 001 - 063 -000 R03617- 002 - 023 -000 R03600- 001 - 326 -000 R03617- 001 - 093 -000 R03600 -001- 367 -000 R03617- 001 -044 -000 R04400- 003 - 048 -000 R03617- 002 - 032 -000 R03617- 001 - 043 -000 R03617- 002 - 021 -000 R03617- 002 - 146 -000 R03617- 001 - 094 -000 R03617- 001 - 085 -000 R04400 -001- 005 -000 R03617 -001- 057 -000 R03617 -001- 053 -000 R03617- 002 -002 -000 LEWIS CALVIN G MARTIN JASON D MCCLARNON JORDAN P LAUREN B MCDONNELL BETH MATTHEW E MCFARLIN JENNIFER H MARK G MCLAUGHLIN RACHEL A ETAL MERCER ROBIN DOUGLAS MUELLER JOHN JOANNE P MURPHY NANCY K MYERS GAVIN NC DEPT OF TRANSPORTATION NEW HANOVER COUNTY NGUYEN QUANG NOGLIO ENZO OAKWOOD PROPERTIES LLC OCEANS 3 LLC ODONNELL KELLY A OGDEN CARWASH LLC OGDEN COFFEE LLC OGDEN SPORTS CENTER LLC PALM GROVE OWNERS ASSOC INC PARRISH CAROLYN B PATTERSON JAY CHARLOTTE PENN EL PATRICK A PORTER DEBORAH A RAMOS MARLON ESQUIBEL ROBITAILLE DONNA RAE TRUSTEE RUSKIN RYAN MICHAEL RYALS DELORIS RYAN JAMES R CAROL JOAN SAENZ OSWALDO N SCHEER JAMES ETAL SHAH MOHAMMAD BELQEES S ETAL SHANNON JOSEPH EDWARD 7416 MILAN CT WILMINGTON, NC 28411 R03617 -001- 066 -000 223 BRIDGETON CT WILMINGTON, NC 28411 R03617 -001- 071 -000 7426 ERN WAY WILMINGTON, NC 28411 R03617 -001- 037 -000 3371 BLACKBEARD RD GREENBACKVILLE, VA 23356 R03600 -001- 323 -000 8729 SEDGLEY DR WILMINGTON, NC 28412 R03617 -001- 027 -000 208 PALM GROVE DR WILMINGTON, NC 28411 R03600 -001- 318 -000 53 FOREST ST MIDDLETON, MA 1949 R03600 -001- 370 -000 2 GREEN CT MANORVILLE, NY 11949 R03617 -002- 027 -000 210 BRIDGETON CT WILMINGTON, NC 28411 R03617- 001 - 090 -000 7312 VESPAR CT WILMINGTON, NC 28411 R03617- 002 - 001 -000 1505 MAIL SERVICE CTR RALEIGH, NC 27699 R04400 -001- 787 -000 R04400- 001 - 786 -000 230 GOVERNMENT CENTER DR WILMINGTON, NC 28403 R04400- 002 - 037 -000 SUITE 190 7305 VESPAR CT WILMINGTON, NC 28411 R03617- 002 - 022 -000 7302 MORLEY CT WILMINGTON, NC 28411 R03617- 002 - 033 -000 5121 TROJAN DR CHARLOTTE, NC 28278 R04400- 003 - 002 -002 8636 VINTAGE CLUB DR WILMINGTON, NC 28411 R04400- 002 - 030 -000 425 BEN OAKS DR W SEVERNA PARKS, MD 21146 R03617- 001 - 033 -000 1900 EASTWOOD RD #10 WILMINGTON, NC 28403 R03600- 001 - 378 -000 1900 EASTWOOD RD 10 WILMINGTON, NC 28405 R04400- 002 - 038 -000 1900 EASTWOOD RD SUITE 10 WILMINGTON, NC 28403 R04400- 001 - 004 -000 430 EASTWOOD RD SUITE 100 WILMINGTON, NC 28403 R03600- 001 - 339 -000 PO BOX 54 HAMPSTEAD, NC 28443 R04406- 001 - 001 -000 R04406- 001 - 003 -000 7235 MARKET ST WILMINGTON, NC 28411 R04400- 002 - 033 -000 1341 BERKELEY ST APT 1 SANTA MONICA, CA 90404 R03617- 002 - 019 -000 7404 ERN WAY WILMINGTON, NC 28411 R03617- 001 - 026 -000 7226 VESPAR CT WILMINGTON, NC 28411 R03617- 002 - 008 -000 218 BRIDGETON CT UNIT 30 WILMINGTON, NC 28411 R03617- 001 - 086 -000 7414 ERN WAY WILMINGTON, NC 28411 R03617 -001- 031 -000 906 BAYSHORE DR WILMINGTON, NC 28405 R04400 -002- 030 -001 325 TOULON DR WILMINGTON, NC 28405 R04406- 001 -002 -001 7313 VESPAR CT WILMINGTON, NC 28411 R03617 -002- 026 -000 222 BRIDGETON CT WILMINGTON, NC 28411 R03617 -001- 084 -000 4116 MIDDLE RIDGE DR FAIRFAX, VA 22033 R03617 -001- 032 -000 802 SPRING VALLEY RD WILMINGTON, NC 28405 R04400- 002 - 031 -001 Board of Commissioners - March 9, 2020 ITEM: 15- 10 - 27 SHANNON ROBERT GLENN ETAL SHEPARD CARL E MARTHA S SHERRICK INVESTMENTS LLC SHOLAR HOLDINGS LLC SHUMPERT SCOTT D SINGLETARY DAWN MICHELLE ETAL SLEIGHER FRANCIS J JR SNYDER JENNIFER K ETAL SPIREK BRANDI ROSE STALVEY PROPERTY LLC STEARNS PROPERTIES LLC STILWELL EMILY E STOKLEY DENNIS G SHARON J STOUT JOHN C CYNTHIA S STRICKLAND DANIEL E KELLI CAVE SUGGS JEFFREY E TALLON ALLISON L BRENDAN L TAYLOR CHARLES W III AMANDA L TAYLOR RAMONA A TRI -CITY BUTTE LLC UHRICH ADRIANE C VAN KIRK JOSEPH C BARBARA L VANDERGAAG JUSTIN VASKE MARCUS TODD JENNIFER LYNN WAGNER LEROY R KATHRYN L WALKER LAURIE ETAL WALLACE MARY L WCW PROPERTIES LLC WILLIAMS CHELSEA M WILLIAMS STEPHEN T WORTHLEY ASA G ETAL WP MARKET STORAGE LLC WRIGHT GINA M 3 CASPER RD BSL SOUTHPORT, NC 28461 R04400 -002- 034 -000 R04400 -002- 032 -000 PO BOX 353 SNEADS FERRY, NC 28460 R04400 -003- 002 -004 4774 RIVER FARM RD ROCKY MOUNT, NC 27803 R03617 -001- 065 -000 133 INLET DR WILMINGTON, NC 28411 R04400 -003- 117 -000 R04400- 003 -002 -007 7424 MILAN CT WILMINGTON, NC 28411 R03617 -001- 070 -000 7425 ERN WAY WILMINGTON, NC 28411 R03617 -001- 049 -000 205 BRIDGETON CT WILMINGTON, NC 28411 R03617 -001- 041 -000 208 BRIDGETON CT WILMINGTON, NC 28411 R03617- 001 - 091 -000 7421 ERN WAY WILMINGTON, NC 28411 R03617- 001 - 051 -000 313 CAVALIER DR WILMINGTON, NC 28403 R04400- 003 - 001 -000 S1 COCHETOPA TRL POWDERHORN, CO 81243 R03617- 001 - 064 -000 224 BRIDGETON CT WILMINGTON, NC 28411 R03617- 001 - 083 -000 708 TREE SWALLOW LN WILMINGTON, NC 28411 R04406- 001 - 001 -001 7306 VESPAR CT WILMINGTON, NC 28411 R03617- 002 - 004 -000 7311 VESPAR CT WILMINGTON, NC 28411 R03617- 002 - 025 -000 216 BRIDGETON CT WILMINGTON, NC 28411 R03617- 001 - 087 -000 7306 MORLEY CT WILMINGTON, NC 28411 R03617- 002 - 031 -000 205 PALM GROVE DR WILMINGTON, NC 28405 R03600 -001- 322 -000 7308 MORLEY CT WILMINGTON, NC 28411 R03617 -002- 030 -000 1227 ROCKINGHAM RD ROCKINGHAM, NC 28379 R04400- 002 - 029 -000 129 GREEN ST APT 7 WARRENTON, VA 20186 R03617- 001 - 030 -000 2526 COUNTRY CLUB RD JACKSONVILLE, NC 28546 R03617- 002 - 005 -000 38 LENAPE TRL WAYNE, NJ 7470 R03617 -001- 029 -000 213 PALM GROVE DR WILMINGTON, NC 28411 R03600- 001 - 324 -000 212 BRIDGETON CT WILMINGTON, NC 28411 R03617- 001 - 089 -000 319 LIDO DR WILMINGTON, NC 28411 R03600- 001 - 369 -000 846 BELL FORK RD JACKSONVILLE, NC 28540 R04400- 002 - 036 -000 5809 MEADOW BROOK CT WILMINGTON, NC 28409 R03617- 001 - 069 -000 7409 ERN WAY WILMINGTON, NC 28411 R03617- 001 - 056 -000 433 ROSLYN RD WINSTON SALEM, NC 27104 R03600 -001- 007 -000 106 N CHANNEL DR WRIGHTSVILLE BEACH, NC 28480 R03617 -002- 007 -000 4064 COLONY RD SUITE 430 CHARLOTTE, NC 28211 R04400 -002- 043 -000 R04400 -002- 028 -000 7311 MORLEY CT WILMINGTON, NC 28411 R03617 -002- 061 -000 Board of Commissioners - March 9, 2020 ITEM: 15- 10 - 28 EXHIBIT LAW OFFICE OF MATTHEW A. NICHOLS 3205 Randall Parkway, Suite 104 Ph: (910) 508 -7476 Wilmington, NC 28403 Email: matt@mattnicholslaw.com August 7, 2019 NOTICE OF COMMUNITY MEETING TO: Adjacent and Nearby Property Owners and Residents FROM: Matthew A. Nichols RE: Community Meeting Regarding Special Use Permit Request New Hanover County Planning File No. S19 -02 Meeting Date and Time: Monday, August 19, 2019, from 6:00 p.m. to 7:30 p.m. Meeting Location: Covenant Church, 210 Station Road, Wilmington, NC 28405 Dear Neighbors: This is a notice for a community information meeting regarding a Special Use Permit request submitted to New Hanover County by my client, Tribute Companies (the applicant), to allow residential uses within a commercial district pursuant to Section 72 -38 of the New Hanover County Zoning Ordinance. The subject property is located at 7241 Market Street and is currently zoned B -2 Highway Business District. My client is requesting a Special Use Permit to allow for the development of a proposed mixed -use project including 288 multi - family units and approximately 7,466 square feet of commercial space on a portion of the subject property. The subject parcel located at 7241 Market Street (New Hanover County Tax Parcel ID No. R04400- 001 -003 -000) consists of approximately 30.82 acres and is generally shown as that property outlined in blue on the attached Exhibit 1. The Special Use Permit (SUP) request applies to approximately 15 acres of the subject parcel, generally shown as the Proposed SUP Area outlined in yellow on the attached Exhibit 1. A copy of the proposed site plan is attached as Exhibit 2. The purpose of the community information meeting is to explain the proposed development and answer questions from meeting attendees. This meeting is also open to the general public. The community meeting will be held at Covenant Church located at 210 Station Road, Wilmington, NC from 6:00 p.m. to 7:30 p.m. on Monday, August 19, 2019. For directions or for further information, or if you are unable to attend the community information meeting and have any questions, comments or concerns about this matter, please feel free to contact me or my paralegal Nikki Cooper at the contact information listed above, and I will be glad to speak or meet with you individually at your convenience. Board of Commissioners - March 9, 2020 ITEM: 15- 10 - 29 EXHIBIT 1 Board of Commissioners - March 9, 2020 ITEM: 15- 10 - 30 co uj z �rmS Uaip�pY � \� //LIJt1 a'elpgww� X V in 4i ..Ae�a��Naa- �149Q1 .ez,eczs s- Nw..w I ✓m _A1 I yy Olt six nt tl� -1 r--0 % � 4 I pT{ITti1' I i l y ��-. u — _ � * zh!r•_ °`i ChM � +r _ �—..� ' `t r 1j � 1 T 3 ILRLK N - ..-OVE L — /- au9rmm NSNartt�urn I Pm mm�w� Y ' —I be b im � mwRmwwwnm. _ y 'I± 1 Board of Commissioners - March 9, 2020 ITEM: 15- 10 - 31 :�nwawwrwR�Rr x •a���tl.��RRR +mtp� A�ldS -0�11R [acavuuzrmz: .a o..a.��' /Yt4.�1 �..m,m �� 6�R. IRIWS6tL: q vsn G1CM1�}. 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Fri T .arND,EP, ra�Ur - iCIENT ADDRESS {.. _ �. ii i. y r'1 La ti L { Li x" L i 4 tit A � 47 it 3 3 43 B S w 5 .0 7— Z. 4Z—Tf .,et.,_ Z. USA ����������� ��t X11' �f' Elllffl!! sfsil�jyl if��' tfrt�iiiy 's;rl�pi���l,�sssrysss� ..�.�, RYAN MICHAEL RUSKIN 7414 ERN \A/AV VVILMINGT{ FORWARD TIME a EAR' RTN TO SEND8'08�1y RUSKIN'RYAN M 1772 LARCH AVE N= APT 303 ISSAQUAH WA 98029 -7332 RETURN TO SENDER t tfflllillf,frrlllrrfi I f:l:lli,lil,,,f II I1„ 6,:I �If6F,rf r 6,,, , e r ere, rr rr r ... . .. ... .. ., .. .. BETH MCDONNELL MATTHEW E MCDONNELL 3371 BLACKBFA° -n Dn __ GREENBACKVI NIXIE 2 31 oD E 2 'r�r•ts RETURN To SE'tkDc:rs NO MAIL RECEPTA� :: UNABLE TO FORWARD Board of Com'missioner's ="Mar ��sSv m: 15-10 - 1 e of Matthew A- Nil call Parkway, Suite 104 :)n, NC 28403 c k j 6,Y :'; ! !T-rf fil �-t- CX7 'USA ADRIANE C UHRICH 129 GREEN ST APT 7 WARRE 282 N7E I 21917208 ' 108,'19 TINIE EXP R N -0 5- E D J 74^ 2 ErtN AY of Matthew A Nichols :=,I Parkway, Suite 104 NC 28403 2 L USA SHERRICK INVESTMENTS LLC 4774 RIVER FARM RD ROCKY Mnl-'NT NiC 9790�1-- — N I XI E 276 FE 1 0008/1.6/19 RETURN TO SENDER T V =_- AZ! Ak D V, 0 %IABLE 10 FORWARD z 8:0&fib&bbo i 11111il 1111311 1 Jill Board of Commissioners - March 9, 2020 ITEM: 15- 10 - 33 EXTHIBIT .Y COMMUNITY MEETING SIGN -IN SHEET FOR SPECIAL USE PERMIT REQUEST FOR 7241 MARKET ST. (S19 -02) (NEW HANOVER TAX PARCEL ID NO. R04400- 001 - 003 -000) AUGUST 19, 2019 COVENANT CHURCH, 210 STATION RD., WILMINGTON, NC NAME ADDRESS fc-9k/7A7rot/ LQwZjqA Vt L/jf/ & ?I �? k , "'\ 5 � &;k)k '� a-1-1 Board of Commissioners - March 9, 2020 ITEM: 15- 10 - 34 NAME �Itf FfiHy Community Meeting Sign -In Sheet Proposed Special Use Permit for 7241 Market St. Monday, August 19, 2019 Covenant Church, 210 Station Rd. ADDRESS L�Ao`�r -Ct 2g4-II /Q r L i' b 6 Pge t ,,.e, a7 &V j� be- FA H Y /0 �v, LEO ���Ciy�/ aUq V (P -tm Garm rna ✓T ms(�)-- K(*� C—( 2b"7 Loci sL,&� 6ii Lf Y6 �- r &a'a 11 t�� ':Z� 7B F,/ /-'2 7-OW 0 7-- e5O Q �/ Board of Commissioners - March 9, 2020 ITEM: 15- 10 - 35 NAME Community Meeting Sign -In Sheet Proposed Special Use Permit for 7241 Market St. Monday, August 19, 2019 Covenant Church, 210 Station Rd. ADDRESS 7233 r`b-j�f tSf ttllllx U-C 29VZl a�C'Q 1 cam- 6, - am �u , q(A J-4 Y'ZZ CC\ iP.c��. i20_ShVY_I�uG Cl. zs�i Board of Commissioners - March 9, 2020 ITEM: 15- 10 - 36 Community Meeting Sign -In Sheet Proposed Special Use Permit for 7241 Market St. Monday, August 19, 2019 Covenant Church, 210 Station Rd. NAME ADDRESS 9 - r s 5 Cvt d 7141 q L c& c Board of Commissioners - March 9, 2020 ITEM: 15- 10 - 37 _ NIP 5/8 REBAR O � q a 0 rJ1 --'� Board of Commissioners - March 9. 2020 EXISTING SITE DATA PROJECT ADDRESS: PARCEL ID: TOTAL TRACT AREA: SUP AREA: ZONING DISTRICT: LAND CLASSIFICATION: OWNER INFORMATION: 7241 MARKET ST. R04400- 001 - 003 -000 ± 30.84 AC ± 15.6 AC B -2 URBAN & GENERAL RES. COSWALD, LLC. 1030 E. WENDOVER AVE. GREENSBORO, NC 27405 SITE INVENTORY NOTES 1. Soils Types: Se (Seagate fine sand), Le (Leon sand), Mu (Murville fine sand), & DO (Dorovan) 2. This property is not impacted by any AEC. 3. This site is not impacted by any recognized historic or archeological significance. 4. No cemeteries were evidenced on the site. 5. There is no evidence of jurisdictional wetlands within the proposed Special Use Permit area. 6. There is no evidence of endangered species or habitat issues on the site. 7. No portion of this property is within a Special Flood Hazard Area as evidenced on N.C. Flood Map 3720315900J, dated April 3, 2006. O U cry O U O w W cry W W 1 O r� V V J nW F1 -I I� W Z O w o! z O a O 1 Z Z W J U Wo w �J Z O � �DN Z Q U o U 0 W o O W U z �W i--� W O H N w0 22U OVi F Z o O r � n C D a Q» Z z F- >° ° Z o LL J J d U < 0 Z_ o F-Q�❑ --)W�O< 0 > ZZY ZWQw HQ(nQW Z d UU d E x O�❑❑ U SEAL BE-1 PEI JOB #: 19244.PE JC MORGAN PEAL ESTATE VALUATION 1 REVIEW ( C[ NsuLrING October 3, 2019 New Hanover County Planning Commission 230 Government Center Drive Suite 110 Wilmington, NC 28403 Re: Special Use Permit Application Middle Sound West Mixed Use Development - 7241 Market Street Tribute Companies 10 S. Cardinal Drive Wilmington, NC 28403 JC Morgan Company is a real estate appraisal and consulting firm in Wilmington, NC. Since 2010, our firm has appraised and consulted on hundreds of properties in and around the Wilmington area. The property types we appraise and provide consulting services for include vacant land, residential, multi- family, retail, office, industrial, subdivisions and mixed -use. Our client base consists of real estate owners, developers, financial institutions, local and federal governments and related agencies, attorneys, utility companies and airport authorities. I was recently engaged by the applicant to perform research and analysis that would enable me to conclude an opinion to Criteria Numbers 3 and 4 (on page 6 of 8) of the applicants Special Use Permit application. As my expertise is in real estate valuation, I have limited my scope to this area. The first of the two required criteria I researched was: Criteria Number 3 The use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. To develop an opinion for this criteria, I took several steps. Each is summarized as follows: 1. I performed a review of several apartment communities and comparable mixed use projects in the Wilmington market to determine the impact, if any, these properties had on adjacent property values. During my research, I found no indication that the properties abutting the adjacent apartment communities or comparable mixed use properties had a negative impact on value. Lumina Station 1904 Eastwood Road • Suite 30S • Wilmington, NC • 28403 PO ]Box 481 • WrightsviHe Beach, NC • 28480 Tel: 910 -256 -2920 • Fax: 888- 819 -8258 www.jemorganco.com Board of Commissioners - Ua ,22X)19 ITEM: 18- 9(} 139 Discussions with market participants is a common method to get a feel of how the market perceives various issues. For this assignment, I spoke with several market participants (residential real estate appraisers and brokers) about the impact the proposed development could have on the adjoining or abutting properties. All of the individuals indicated that the proposed project would have no impact on the real estate values of adjoining or abutting properties. Two indicated that backing up to several uses permitted in the B -2 district could have a negative impact on value. In summary, there was no market data that I found that suggested the proposed project would have any impact on the values of the adjoining or abutting properties. The next criteria associated with the Special Use Permit Application is as follows: Criteria Number 4 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 New Hanover County Comprehensive Land Use Plan. Due to the growth of the immediate area over the past several years, the property is considered an infill site. Within the market area, comparable infill sites have been developed with mixed uses, generally consisting of commercial land uses located at the front of the development and residential land uses located at the rear of the development. These two land uses are often (and preferably) transitioned by multi - family or lower intense commercial uses. The proposed project maintains this trend, suggesting it is in harmony with the area it is located. Furthermore, the property is identified as an Urban Mixed Use place type in the NHC Comprehensive Plan. In my opinion, the proposed development easily conforms to the County's definition of this place type. The proposed development is consistent with the New Hanover County Comprehensive Land Use Plan as it provides the desired property mix, as noted in the Comprehensive Plan, and an orderly transition of property types from the higher intensity uses located along Market Street to the single family residential uses to the west of the property. Should you have any questions, or want to discuss this matter further, please do not hesitate to contact me. Sincerely, Jack C. (Cal) Morgan, III, MAI, SRA, AI -GRS IC Morgan Company Board of Commissioners - Ua ,Z!QX)19 ITEM: 18- 90 240 ■ IIII'l I a ul 4 OBIT - i i®. Board of Commissioners -March 9, 2020 ITEM: 15- 10 - 42 j 1 [lit ;� r� Imo, � � f fI �•I � = m „e oar z All III PROPOSED SITE PLAN Board of Commissioners - March 9, 2020 ITEM: 15- 11 - 1 i EXISTING SITE DATA PROJECT ADDRESS: PARCEL ID: TOTAL TRACT AREA: SUP AREA: ZONING DISTRICT: LAND CLASSIFICATION: OWNER INFORMATION: DEVELOPMENT DATA PROVIDED UNITS PROVIDED DENSITY 288 UNITS 115.6 AC COMMERCIAL SF COMBINED OFFICE / RETAIL BUILDING HEIGHT (12) 3 -STORY BUILDINGS (1) 2 -STORY BUILDINGS (1) 1 -STORY BUILDING OPEN SPACE AMENITY AREA VILLAGE GREEN GENERAL AREA 7241 MARKET ST. R04400- 001 - 003 -000 ± 30.84 AC ± 15.6 AC B -2 URBAN & GENERAL RES. COSWALD, LLC. 1030 E. WENDOVER AVE. GREENSBORO, NC 27405 288 UNITS 18.4 UNITS /AC 7,466 SF TOTAL 35' MAX. 35' 25' 20' ± 3.62 AC (157,740 SF) TOTAL + 0.63 AC (27,400 SF) ± 0.34 AC (14,810 SF) ± 2.65 AC (115, 530 SF) II �' I CONNECTION TO EXISTING WATER MAIN ON LENDIRE RD. DUMPSTER WITH ENCLOSURE SITE INVENTORY NOTES LEGEND 1. Soils Types: Se (Seagate fine sand), Le (Leon sand), Mu (Murville fine sand), & DO (Dorovan) PROPOSED SIDEWALK 2. This property is not impacted by any AEC. 4 —w vv— PROPOSED 8" WATER MAIN 3. This site is not impacted by any recognized historic or archeological significance. ss PROPOSED 8" SEWER MAIN 4. No cemeteries were evidenced on the site. PROPOSED STORM PIPE 5. There is no evidence of jurisdictional wetlands within the proposed Special PROPOSED HYDRANT Use Permit area. �N 6. There is no evidence of endangered species or habitat issues on the site. PROPOSED BLOW -OFF VALVE REQUIRED PARKING SPACES 517 7. No portion of this property is within a Special Flood Hazard Area as ® PROPOSED MANHOLE evidenced on N.C. Flood Map 3720315900J, dated April 3, 2006. 132 Apt. units @ 1.5 /unit = 198 PROPOSED STREET LIGHT 132 Apt. units @ 2 /unit = 264 DEVELOPMENT NOTES 24 Studio Apts @ 1.5 /unit = 36 1. All development shall be in accordance with the New Hanover County 7,466 sf office /retail @ 1/400 sf = 19 Zoning Ordinance. 2. Project shall comply with all Federal, State & New Hanover County regulations. PROVIDED PARKING SPACES 553 3. No public R.O.W proposed. All roads/ drives to be private and maintained Compact Spaces Provided 76 by H.O.A. HC Spaces Provided 12 4. H.O.A. to maintain all open space, buffer areas, stormwater management 500 -1,000 spaces = 2% elements and parking facilities. of provided spaces (11 required) TRAFFIC AND PARKING PLAN IMPERVIOUS AREA + 382,006 SF TOTAL 1. All traffic will enter and exit through either road connection located on Lendire Rd/ Middlesound Rd. extension or the stub connection to Lendire BUILDING SF + 107,782 SF Rd, as shown. Connection to either street is subject to NCDOT approval. SIDEWALK + 48,467 SF 2. All parking to be handled through a HOA owned/ maintained parking facility EXISTING SEWER MANHOLE PARKING / DRIVEWAY + 225,757 SF to meet the parking standards set forth in the New Hanover County Zoning Ordinance. SEWER EXTENSION TO TIE TO 3. A TIA report has been submitted for review. EXISTING SEWER MAIN XyoG U 25' SEWER EASEMENT PARCEL ID R03617A 001 094 -000 R03617- 001 - 094 -000 N F N /F X JACOBS RIDGE WEST JACOBS RIDGE WEST " �1— — — X BAY HOA, INC. BAY HOA, INC. �x � — D.B. 3576 -824 COMPACT SPACES, TYP. D.B. 3576 -824 42 `40 X25 15.6.E ,:.�� :E N 34 °18'31 E 1079.69' (]Nn ,vi�3dOdd JO ]0IS HOd3 ,OZ) I W WZL 8 d W8:1d 1NEW3S12 3QVNf'VM0- ,C 20 SIDE BUFFER - �. . . .. .. .. .. .. . .. .. .. .. . .. .. .. .. .. . .. .. .. .. . .. .. . . . .. .. .. .. . .. .. .. .. .. . .. .. .. .. . .. .. .. . .. . .. .. .. .. . .. .. .. .. .. . .. .. .. .. . .. .. .. .. .. . .. .. .. .. . .. .. . .. .. . . .. . .. .. . .. .. . .. . .. .. . .. .. . .. .. . .. i34.37'SIDEBUFFER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TI. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . Ww .�. . . .W. .W.�.�.�.W.�.�.�.�.W.�.W.�.�.�. . �.�. .W.W.�.�.�.�.�.�.�.�.W.�.W.�.W. . .W.�.�.�.W.�.W.W. .�.�.W.W.�.�.W.W.W.�. .W. . . . . . . . .�. .�.�.W.�.�.�.W. .W.�.W.W.�.W.W. . ... . . .W.�.�.�.W.�.W.W.�. .�.W.W. .�.W.W. °j - -w� _ 48.12' SIDE BUFFER . _ MH"��ri T77 15 9 10 10 10 PHO 8 - 9' 8� I u>' - 68.75' SIDE BLDG SETBACK a a I \ JgL -19. L 919'1 -'L — N — — — 9d 9, — �� — q 91911 L — I m 96.25' SIDE BLDG SETBACK I I� 16 8 10 9 1 fld-H N I �Cn ; /i /i ; r I I I w a. 2 w� I ® 8 18' � I � I i ��I Ifs II °1 6 4 4 A APARTMENT BLDG 1 8 8 8 EXISTING SITE DATA PROJECT ADDRESS: PARCEL ID: TOTAL TRACT AREA: SUP AREA: ZONING DISTRICT: LAND CLASSIFICATION: OWNER INFORMATION: DEVELOPMENT DATA PROVIDED UNITS PROVIDED DENSITY 288 UNITS 115.6 AC COMMERCIAL SF COMBINED OFFICE / RETAIL BUILDING HEIGHT (12) 3 -STORY BUILDINGS (1) 2 -STORY BUILDINGS (1) 1 -STORY BUILDING OPEN SPACE AMENITY AREA VILLAGE GREEN GENERAL AREA 7241 MARKET ST. R04400- 001 - 003 -000 ± 30.84 AC ± 15.6 AC B -2 URBAN & GENERAL RES. COSWALD, LLC. 1030 E. WENDOVER AVE. GREENSBORO, NC 27405 288 UNITS 18.4 UNITS /AC 7,466 SF TOTAL 35' MAX. 35' 25' 20' ± 3.62 AC (157,740 SF) TOTAL + 0.63 AC (27,400 SF) ± 0.34 AC (14,810 SF) ± 2.65 AC (115, 530 SF) II �' I CONNECTION TO EXISTING WATER MAIN ON LENDIRE RD. DUMPSTER WITH ENCLOSURE SITE INVENTORY NOTES LEGEND 1. Soils Types: Se (Seagate fine sand), Le (Leon sand), Mu (Murville fine sand), & DO (Dorovan) PROPOSED SIDEWALK 2. This property is not impacted by any AEC. 4 —w vv— PROPOSED 8" WATER MAIN 3. This site is not impacted by any recognized historic or archeological significance. ss PROPOSED 8" SEWER MAIN 4. No cemeteries were evidenced on the site. PROPOSED STORM PIPE 5. There is no evidence of jurisdictional wetlands within the proposed Special PROPOSED HYDRANT Use Permit area. �N 6. There is no evidence of endangered species or habitat issues on the site. PROPOSED BLOW -OFF VALVE REQUIRED PARKING SPACES 517 7. No portion of this property is within a Special Flood Hazard Area as ® PROPOSED MANHOLE evidenced on N.C. Flood Map 3720315900J, dated April 3, 2006. 132 Apt. units @ 1.5 /unit = 198 PROPOSED STREET LIGHT 132 Apt. units @ 2 /unit = 264 DEVELOPMENT NOTES 24 Studio Apts @ 1.5 /unit = 36 1. All development shall be in accordance with the New Hanover County 7,466 sf office /retail @ 1/400 sf = 19 Zoning Ordinance. 2. Project shall comply with all Federal, State & New Hanover County regulations. PROVIDED PARKING SPACES 553 3. No public R.O.W proposed. All roads/ drives to be private and maintained Compact Spaces Provided 76 by H.O.A. HC Spaces Provided 12 4. H.O.A. to maintain all open space, buffer areas, stormwater management 500 -1,000 spaces = 2% elements and parking facilities. of provided spaces (11 required) TRAFFIC AND PARKING PLAN IMPERVIOUS AREA + 382,006 SF TOTAL 1. All traffic will enter and exit through either road connection located on Lendire Rd/ Middlesound Rd. extension or the stub connection to Lendire BUILDING SF + 107,782 SF Rd, as shown. Connection to either street is subject to NCDOT approval. SIDEWALK + 48,467 SF 2. All parking to be handled through a HOA owned/ maintained parking facility EXISTING SEWER MANHOLE PARKING / DRIVEWAY + 225,757 SF to meet the parking standards set forth in the New Hanover County Zoning Ordinance. SEWER EXTENSION TO TIE TO 3. A TIA report has been submitted for review. EXISTING SEWER MAIN XyoG U 25' SEWER EASEMENT PARCEL ID R03617A 001 094 -000 R03617- 001 - 094 -000 N F N /F X JACOBS RIDGE WEST JACOBS RIDGE WEST " �1— — — X BAY HOA, INC. BAY HOA, INC. �x � — D.B. 3576 -824 COMPACT SPACES, TYP. D.B. 3576 -824 42 `40 X25 15.6.E ,:.�� :E N 34 °18'31 E 1079.69' (]Nn ,vi�3dOdd JO ]0IS HOd3 ,OZ) I W WZL 8 d W8:1d 1NEW3S12 3QVNf'VM0- ,C 20 SIDE BUFFER - �. . . .. .. .. .. .. . .. .. .. .. . .. .. .. .. .. . .. .. .. .. . .. .. . . . .. .. .. .. . .. .. .. .. .. . .. .. .. .. . .. .. .. . .. . .. .. .. .. . .. .. .. .. .. . .. .. .. .. . .. .. .. .. .. . .. .. .. .. . .. .. . .. .. . . .. . .. .. . .. .. . .. . .. .. . .. .. . .. .. . .. i34.37'SIDEBUFFER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TI. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . Ww .�. . . .W. .W.�.�.�.W.�.�.�.�.W.�.W.�.�.�. . �.�. .W.W.�.�.�.�.�.�.�.�.W.�.W.�.W. . .W.�.�.�.W.�.W.W. .�.�.W.W.�.�.W.W.W.�. .W. . . . . . . . .�. .�.�.W.�.�.�.W. .W.�.W.W.�.W.W. . ... . . .W.�.�.�.W.�.W.W.�. .�.W.W. .�.W.W. °j - -w� _ 48.12' SIDE BUFFER . _ MH"��ri T77 15 9 10 10 10 PHO 8 - 9' 8� I u>' - 68.75' SIDE BLDG SETBACK a a I \ JgL -19. L 919'1 -'L — N — — — 9d 9, — �� — q 91911 L — I m 96.25' SIDE BLDG SETBACK I I� 16 8 10 9 1 fld-H N I �Cn ; ; w a. 2 I ® 8 18' APPROXIMATE w m N m m I 6 4 4 A APARTMENT BLDG 1 8 8 8 I; 6 LOCATION OF $. M MIXED -USE 1 10 8' 3 3 STORY I L BLDG 1 ( (24) UNITS IWATER MAIN I 3 3 STORY N N 0 0 5,326 SF COMMERCIAL J I ` ( m }W n n 4 I ~ 4 Z ~0 24'� 7 7 < I 7 <MV APPROXIMATE 1 VILLAGE GREEN Q 7 7 �° + I LOCATION OF EXISTING "— — HYDRANT I g I h w I �o, 4 3 V j I 23' -- _J1 °' I — — r' I a - 5' W I DE Q I — ZERO CURB PLAZA— — ►v � I W I� W n COL I STORMWATER NI MANAGEMENT AREA = == III I II / 4C Co Co low I I � I W W I w °W I � W I .. I y I I r`W / I �// IWWWWw I� � II I —�_ _ II Ili I — 'E_ _ II — FM.sc_ Ili I Ii 3S! L 3, _J L SIDEWALK, TYP. 10 t POOL 7 Of 1 Z D UJ U) 11 AMENITY BLDG. • ' M C,4 1 STORY FUTURE DEVELOPMENT; 15' 15' 5,800 SF L 24' J NOT INCLUDED IN S.U.P. / �\ // Q $ $ PROPOSAL — — — X 9 18' 1 / APARTMENT BLDG 3 3 STORY (24) UNITS CO � o ° m J U) } (n Haz I I Z 0 Z W J gm� M V M N H � � Q Q � a Q L — J APARTMENT BLDG 9 3 STORY (24) UNITS N 8 8 N PARCEL ID# LO m 24, R03617- 001 - 001 -000 0 0 16 ' L N CAMELOT in � � in � `� CAMPGROUND, INC. 4 Z o Z Z o Z 1a' �� 4 D.B. 1863 -212 U) (n � M N M N � tY L24'-J l cNn � a a 7 F 1 10 18' 9 Q _ 1 4 1 � 3 4 n I � 1 s 10 — 24' I N $ L •J I J co L , a' 18 I 0 18' 1- }� m }� U I I ZO�� ZOZ 17 N W 4 17 rn L24'J HMS Cl) I W 0 Q Q W I Q a 8 I rr► hr--I I I N w 15 ® 8 10 ® STREETLIGHT, TYP. 41. � � � I � ' 9 r 9 l <-_31 �7�79' 1 ACCESS TO FUTUR N DEVELOPMENT 4 b J 9' L I�8 1 J 9' L I N STORAGE SHED S.U.P. BOUNDARY OPEN SPACE, TYP. TRASH COMPACTOR AND RECYCLING — — ' CENTER WITH ENCLOSURE PROPOSED SEWER MANHOLE o _ S x MS — f S 42 >3 Ms � 29 12 12 REMAINING PARCEL AREA; 10' NOT INCLUDED IN S.U.P. I PROPOSAL II VV 43.50 p � ' N — —v _ 20 C I U x PARCEL ID I PARCEL ID# I —�� _ MS -- Q N # 1 R04400- 002 - 032 -000 1 F�— 04400 - 002 - 031 -0011 N/F x I �S 42` W N/F JOSEPH E. SHANNON I PARCEL ID# I 37 29» -_ JOSEPH E. SHANNON 1 D.B. 856 -600 I R04400- 002 - 034 -00� I PARCEL ID I 00 — D B 1130 -20 1 I N/F x I R04400- 002 -035 1 I MARY J. SHANNON N/F G I� X X X I D.B. 1240 -1612 I I CHARLIE M. WALLACE, 25 1 x'I 1 x I D.B. 3240 -220 1 ��o Board of Commissioners - March 9, 2020 ITEM: T77177— I I PARCEL ID# I R04400- 002 - 036 -000 N/F MARY L. WALLACE jrxn D.B. 1397 -656 PROPOSED HYDRANT, TYP. W know what's below. Call before you dig. GRAPHIC SCALE W 0 25 50 100 200 Pj I SCALE: 1 " =50' PL LA Z O rn w z 0 Q 0 L_ Z H Z w J U Wo w Z 00 N � �D D 0C Z Q U o U o W Viz° U W N s~ O N o Z U � `p Zz Z O A w � In H �Q 0 WW��U N 11 F LD O 0� a CO o Q > > Z LL Z F- 00 o Z_ J J d U <� (DLL Z_ D Q � 0 O 0 W� 0� > Z Z Y d ZW< Qz nQW C)X 0(00L) aE SEAL SUP-1 PEI JOB #: 19244.PE N 8 8 N PARCEL ID# LO m 24, R03617- 001 - 001 -000 0 0 16 ' L N CAMELOT in � � in � `� CAMPGROUND, INC. 4 Z o Z Z o Z 1a' �� 4 D.B. 1863 -212 U) (n � M N M N � tY L24'-J l cNn � a a 7 F 1 10 18' 9 Q _ 1 4 1 � 3 4 n I � 1 s 10 — 24' I N $ L •J I J co L , a' 18 I 0 18' 1- }� m }� U I I ZO�� ZOZ 17 N W 4 17 rn L24'J HMS Cl) I W 0 Q Q W I Q a 8 I rr► hr--I I I N w 15 ® 8 10 ® STREETLIGHT, TYP. 41. � � � I � ' 9 r 9 l <-_31 �7�79' 1 ACCESS TO FUTUR N DEVELOPMENT 4 b J 9' L I�8 1 J 9' L I N STORAGE SHED S.U.P. BOUNDARY OPEN SPACE, TYP. TRASH COMPACTOR AND RECYCLING — — ' CENTER WITH ENCLOSURE PROPOSED SEWER MANHOLE o _ S x MS — f S 42 >3 Ms � 29 12 12 REMAINING PARCEL AREA; 10' NOT INCLUDED IN S.U.P. I PROPOSAL II VV 43.50 p � ' N — —v _ 20 C I U x PARCEL ID I PARCEL ID# I —�� _ MS -- Q N # 1 R04400- 002 - 032 -000 1 F�— 04400 - 002 - 031 -0011 N/F x I �S 42` W N/F JOSEPH E. SHANNON I PARCEL ID# I 37 29» -_ JOSEPH E. SHANNON 1 D.B. 856 -600 I R04400- 002 - 034 -00� I PARCEL ID I 00 — D B 1130 -20 1 I N/F x I R04400- 002 -035 1 I MARY J. SHANNON N/F G I� X X X I D.B. 1240 -1612 I I CHARLIE M. WALLACE, 25 1 x'I 1 x I D.B. 3240 -220 1 ��o Board of Commissioners - March 9, 2020 ITEM: T77177— I I PARCEL ID# I R04400- 002 - 036 -000 N/F MARY L. WALLACE jrxn D.B. 1397 -656 PROPOSED HYDRANT, TYP. W know what's below. Call before you dig. GRAPHIC SCALE W 0 25 50 100 200 Pj I SCALE: 1 " =50' PL LA Z O rn w z 0 Q 0 L_ Z H Z w J U Wo w Z 00 N � �D D 0C Z Q U o U o W Viz° U W N s~ O N o Z U � `p Zz Z O A w � In H �Q 0 WW��U N 11 F LD O 0� a CO o Q > > Z LL Z F- 00 o Z_ J J d U <� (DLL Z_ D Q � 0 O 0 W� 0� > Z Z Y d ZW< Qz nQW C)X 0(00L) aE SEAL SUP-1 PEI JOB #: 19244.PE 1 I N/F x I R04400- 002 -035 1 I MARY J. SHANNON N/F G I� X X X I D.B. 1240 -1612 I I CHARLIE M. WALLACE, 25 1 x'I 1 x I D.B. 3240 -220 1 ��o Board of Commissioners - March 9, 2020 ITEM: T77177— I I PARCEL ID# I R04400- 002 - 036 -000 N/F MARY L. WALLACE jrxn D.B. 1397 -656 PROPOSED HYDRANT, TYP. W know what's below. Call before you dig. GRAPHIC SCALE W 0 25 50 100 200 Pj I SCALE: 1 " =50' PL LA Z O rn w z 0 Q 0 L_ Z H Z w J U Wo w Z 00 N � �D D 0C Z Q U o U o W Viz° U W N s~ O N o Z U � `p Zz Z O A w � In H �Q 0 WW��U N 11 F LD O 0� a CO o Q > > Z LL Z F- 00 o Z_ J J d U <� (DLL Z_ D Q � 0 O 0 W� 0� > Z Z Y d ZW< Qz nQW C)X 0(00L) aE SEAL SUP-1 PEI JOB #: 19244.PE EXISTING SITE DATA PROJECT ADDRESS: PARCEL ID: TOTAL TRACT AREA: SUP AREA: ZONING DISTRICT: LAND CLASSIFICATION: OWNER INFORMATION: DEVELOPMENT DATA PROVIDED UNITS PROVIDED DENSITY 288 UNITS 115.6 AC COMMERCIAL SF COMBINED OFFICE / RETAIL BUILDING HEIGHT (12) 3 -STORY BUILDINGS (1) 2 -STORY BUILDINGS (1) 1 -STORY BUILDING 7241 MARKET ST. R04400- 001 - 003 -000 ± 30.84 AC ± 15.6 AC B -2 URBAN & GENERAL RES. COSWALD, LLC. 1030 E. WENDOVER AVE. GREENSBORO, NC 27405 288 UNITS 18.4 UNITS /AC 7,466 SF TOTAL 40' MAX. 35' 25' 20' DEVELOPMENT NOTES 1. All development shall be in accordance with the New Hanover County Zoning Ordinance. 2. Project shall comply with all Federal, State & New Hanover County regulations. 3. No public R.O.W proposed. All roads/ drives to be private and maintained by H.O.A. 4. H.O.A. to maintain all open space, buffer areas, stormwater management elements and parking facilities. LIGHTING NOTES 1. All site lighting to comply with Section 60.6 of the New Hanover County Zoning Ordinance. 2. All site lighting for non - residential or multi - family uses shall be located and directed so as not to shine or reflect directly onto any adjacent residential zoning districts and /or uses. 3. Complete site lighting plan to be provided by others prior to construction as necessary. ENERGY. PROGRESS Outdoor The energy - efficient Shoebox LED combines a decorative, contemporary style with versatility and ample lighting effect that is perfect for streets, parking lots, commercial buildings and residential communities. The Shoebox LED provides excellent color rendition along with a controlled light pattern that reduces glare and keeps the light directed only where you want A. Available in black, dark bronze, gray or white with one to four fixtures per pole. Far additional informatims, visit us at duke - energy.— J0.tdo Lighting or call us loll free at 866.769.6417. LED 205, 420, 530 watts (light Emitting Diode) Mounting heights 30', 35 Black Colors Bronze Gray White Fiberglass (205W only, I or 2 fixtures per pole) Poles Decorative tapered metal Decorative square metal Lightwume: LED (white) Replacement for' LED Wattage 205 – up to 400 -watt metal halide; LED Wattage 420; (' DUKE ENERGY PROGRESS Note: 35' pole avai.Ne in black or bmnxe only. Fiberglass 30' LED Wattage 530 – 1,000 -watt metal halide Warm -up and restrike time: Instant on (o warm -up or restrike time) Benefits Little or no installation coat Frees up capital for other projects Design services by lighting professionals included Meets industry standards and lighting ordinances Wattage BUG Rating Light Pattern Lumens Color Tamp 4,000K light distribution pattern LED 205 85 -U0 -G3 IESNA Type V (circular) 21,803 LED 205 B3 -U0-G4 IESNA Type IV (forward throw) 20,555 LEO 205 B2 -U0 -G4 IESNA Type III (oval) 21,164 LED 420 B5 -UO -G5 IESNA Type V (circular) 43,317 LED 420 B3 -UO -G5 IESNA Type IV (forward throw) 39,078 LED 530 85 -U0 -G5 IESNA Type V(circular) 53,498 LED 530 B3 -UO -G5 IESNA Type IV (forward throw) 48,262 `These are approximate rpolar—crl suggestions; .0.1 conditions could he difler- Poles available: Name Mounting height Color Black Round tapered decorative metal- 35' Bronze Black Gray Decorative square metal- 30' Bronze White Note: 35' pole avai.Ne in black or bmnxe only. Fiberglass 30' Black (205 W only, I or 2 fixtures per pole) Gray (205Wonly, I or2lixturesperpole) Features Benefits Little or no installation coat Frees up capital for other projects Design services by lighting professionals included Meets industry standards and lighting ordinances Maintenance included Eliminates high and unexpected repair bills Electricity included Less expensive than metered service Warranty included Worry -free One low monthly cost on your electric bill Convenience and savings for you Turnkey operation Provides hassle -free installation and service Backed by over 40 years of experience A name you can trust today ... and tomorrow •2'raised lwndation available when required on metal poles only. - ANTICIPATED LIGHTING FIXTURE EXAMPLE LEGEND — w W_ _SS PROPOSED SIDEWALK PROPOSED 8" WATER MAIN PROPOSED 8" SEWER MAIN PROPOSED STORM PIPE PROPOSED HYDRANT PROPOSED BLOW -OFF VALVE PROPOSED MANHOLE PROPOSED STREET LIGHT PARCEL ID# PARCEL ID# R03617- 001 - 094 -000 R03617- 001 - 094 -000 X X I I JACOBS RIDGE WEST JACOBS RIDGE WEST x �1— — _ X I G'� BAY HOA, INC. 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GRAPHIC SCALE 0 25 50 100 200 SCALE: 1 "= 50' Z ,O 0 Lu z O a O W z_ Z W J U Wo w Z 0 0 o0 �D Z p N 0 W C C) �z W N o Z U � `p Zz Z A w � �CA H �Q 0 UW��U 0 Q �, UQ��� � o � � U N -a F LD Z U a o Q > > Z LL Z F- 00 o Z J J d U 0 Z Lu _ Z W 0 O o W �Otn > ZZY C) di aFaw Z O a LL X 0 0 (0 0 o U SEAL SUP-2 PEI JOB #: 19244.PE PUBLIC COMMENTS Board of Commissioners - March 9, 2020 ITEM: 15- 13 - 1 Schuler, Brad From: Clark, Wayne Sent: Tuesday, August 13, 2019 7:07 PM To: Schuler, Brad Subject: FW: Ogden apartments Wayne Clark I Planning & Land Use Director Planning & Land Use - Planning & Zoning New Hanover County 230 Government Center Drive, Suite 110 Wilmington, NC 28403 (910) 798 -7164 p 1 (910) 798 -7053 f www.nhcqov.com From: Michael Stambaugh <mikestambaugh @hotmail.com> Sent: Tuesday, August 13, 2019 7:02 PM To: Clark, Wayne <wclark @nhcgov.com> Subject: Ogden apartments Please consider not approving large scale building at 7241 market st. That area is already heavily congested and experiences many accidents. Also extremely long red light times trying to cross or get onto market st. Imagine having another 400 cars trying to get onto market. There are currently 4 other roads that connect to Lendire in that short stretch of road. Starbucks, bojangles, wilm basketball center and the road from Ogden park all empty into lendire on that small quarter mile stretch. Thats an accident waiting to happen. Its already hard trying to pull onto Lendire from any of those roads. Let alone having that large complex with 288 apartments with all its cars also trying to pull out. Also that area experienced heavy flooding in July and August last year due to slow drainage. Then with Hurricane Florence it had massive flooding and some homes were trashed. Where will all the rain runoff go ? The area does not have enough drainage and there's nowhere else for the water to go. It cannot be ran under market to the other side. It can only be ran back into the home developments that already drain slow. Please don't allow this massive 12 building construction to be approved. Please save our neighborhoods. Mike Stambaugh CCS, CDIP Inpatient Coder UPMC Pinnacle 111 South Front Street. Harrisbura. PA 17101 Phone: 717 - 364 -5119 Email: MStambaugh(@PinnacleHealth.orq Board of Commissioners - March 9, 2020 ITEM: 15- 14 - 1 Schuler, Brad From: Clark, Wayne Sent: Tuesday, August 13, 2019 10:19 AM To: Schuler, Brad; Vafier, Ken; Roth, Rebekah Subject: Fwd: New mixed use apartments complex Get Outlook for 10S Wayne Clark I Planning & Land Use Director Planning & Land Use - Planning & Zoning New Hanover County 230 Government Center Drive, Suite 110 Wilmington, NC 28403 (910) 798 -7164 p 1 (910) 798 -7053 f www.nhcqov.com From: Mary Sheffield <mjsheffi @yahoo.com> Sent: Tuesday, August 13, 2019 10:07:12 AM To: Barfield, Jonathan <jbarfield @nhcgov.com >; Olson - Boseman, Julia <joboseman @nhcgov.com >; Zapple, Rob <rzapple @nhcgov.com >; White, Woody <wwhite @nhcgov.com >; Crowell, Kym <KCrowell @nhcgov.com >; Kusek, Patricia <pkusek @nhcgov.com >; Clark, Wayne <wclark @nhcgov.com> Subject: New mixed use apartments complex This property is situated adjacent to Market Street. The wetland which they have marked as undeveloped is a problem. During Florence this wetland overflowed onto Market, ran across the road into the parking lot next to Ogden Tap and continued on into the Wendover neighborhood and flooded Brightleaf. So more concrete, more run off is the first issue. Second issue is the 288 units which if 2 cars per unit would dump 500+ cars onto Market and increase traffic on already congested street. The shopping portion would increase that. We have just about everything in shopping we need in the area and what we don't have Mayfaire does! Then there's the school issue if these people have children. Where are they going in an already overflowing system? I understand the need for more housing but a development rather than another apartment complex would be more suitable for this area. Even townhomes or duplexes would be better. You would still have some grassy area to absorb the runoff. We have a 48 unit townhomes in process off Futch Ck which will add another estimated 100 cars to Market. The improvement to Market will be out dated before it is completed. We have overflow from Hampstead area which is growing but doesn't have the amenities so they come to Wilmington. I suggest that you have a day trip planned as a group and come ride Market Street from Military to I140 around lunch or morning before 9 or afternoon between 4:30 -6. But even more surprising is the traffic after 10am. It's a nightmare and I'll bet the accident rate in this area is higher than anywhere in the county. Please stand with us and refuse this multi use complex. Please review the article in the link below. Thank you! Mary and Ed Sheffield Residents of Ogden since 1970. i Board of Commissioners - March 9, 2020 ITEM: 15- 14 - 2 Native to Wilmington https:llportcitydaily. comllocal- newsl2019 /08/08l new - mixed - use - development- with -28 8- multi - family- units -and- commercial- space - proposed- for - north - market- street/?utm_ source= Morning +Headlines +Subscribers + %E2 %80 %A2 +Port+Cite_ campaign =f8dc6 715cl- EMAIL CAMPAIGN 2018_06_01 03 11 COPY 01 &utm medium = email &utm term =0 afcb4c5de5- f8dc6715cl- 28648513 Sent from Yahoo Mail for iPad Board of Commissioners - March 9, 2020 ITEM: 15- 14 - 3 Schuler, Brad From: karen lea <kjlea @hotmail.com> Sent: Thursday, August 15, 2019 12:59 PM To: Clark, Wayne; Vafier, Ken; Bouffard, Christine; Brown, Denise; Gough, Robert; McDonnell, Dylan; Meredith, Ron; Painter, Linda; Roth, Rebekah; Santure, Julia; Schuler, Brad; Smith, Gideon; Gartin, Jyll Subject: More apartment buildings in Ogden? Hello everyone! I want to weigh in on the new apartment complex proposed for the Ogden area. I don't know if any of you live in the Ogden area but I do. I am so discouraged by the amount of car lots, storage building and apartment buildings on our side of town. Traffic is so congested and the drive thru our area so unappealing. I was born here in 1957 and I have seen a lot of change and I am not against progress ... I am not one to say I wish it was like it use to be. I know change will happen but want us to be smart about it. I am sure you all know we were successful with keeping the old oaks at Publix and Starbucks and the new car wash .... why because we all care so much about this area. Please reconsider more apartments. Sincerely, Karen Lea 7238 Nordic Drive Wilmington, NC 28411 1 Board of Commissioners - March 9, 2020 ITEM: 15- 14 - 4 Schuler, Brad From: Sue Skoda <sue.mort1228 @yahoo.com> Sent: Thursday, August 15, 2019 5:16 PM To: Clark, Wayne; Vafier, Ken; Bouffard, Christine; Brown, Denise; Gough, Robert; McDonnell, Dylan; Meredith, Ron; Painter, Linda; Roth, Rebekah; Santure, Julia; Schuler, Brad; Smith, Gideon; Gartin, Jyll Subject: Ogden Aprtments Special Use Permit Good Afternoon, I am a resident in the Ogden area, Marsh Oaks and have been over the past 18 years. I have witnessed the destruction of this area by continuous building of apartments, car wash establishments, storage units and other buildings with large and unused concrete parking lots. Over building is destroying our green space /air /water and creating more traffic congestion, accidents and poor quality of life for all of us. Market Street was graded an "F" 10 years ago and yet, county officials continue to allow residential units within commercial districts that only increase the congestion/ accidents on the roads, increase the cost of living due to high insurance rates due to a "high accident rates" in this area, impinge on our water supply and make it unbearable to commute. It takes me 15 -25 minutes to travel 4 miles! I've witness at least one accident every day in this area. With Amberleigh Shores (over 500 apartments when completed) less than a mile away, why would anyone who is concerned about our safety and what is good for the people, allow another complex in the same vicinity ? ?? I am requesting that before you approve this permit to please look at all the available accident data, the fact that Market Street is the ONLY route for emergency evacuation as well as emergency vehicles, that alternate routes are not available. With more concrete and less green space, the roads easily become flooded and that is another real safety and health issue especially in our hurricane prone area. Please do what is right for the people and not the greedy developers and realtors! Looking forward to your response and thank you for your attention to this matter. Sincerely, Susan Skoda, RN, MSN (Retired) 1 Board of Commissioners - March 9, 2020 ITEM: 15- 14 - 5 Schuler, Brad From: amanda smith <klaesmith11 @gmail.com> Sent: Thursday, August 15, 2019 5:18 PM To: Clark, Wayne; Vafier, Ken; Bouffard, Christine; Brown, Denise; Gough, Robert; McDonnell, Dylan; Meredith, Ron; Painter, Linda; Roth, Rebekah; Santure, Julia; Schuler, Brad; Smith, Gideon; Gartin, Jyll Subject: RE: Proposed Middle Sound West Good Afternoon: As an Ogden property owner, NHC taxpayer, and registered voter, I am writing this email as a formal request that you not approve the building of the Middle Sound West appartment complex off of Lendire and Market Street in Ogden. This area is already over conjested with traffic. Having a son that just started driving last year and another starting next year, the idea of how much more traffic to this area this project would bring is very concerning to me. This particular property is already prone to flooding. If it's built up, where will all of this water go during the next hurricane? Can the developer guarantee that flooding won't be made worse? With the situation of school over crowding, how will a 228 unit complex affect the schools in this area? We have to assume there will be school -aged children living there? I'm hoping these are your concerns also considering that you represent us. I haven't spoken to one citizen who is for Middle Sound West to be built. Please listen to us. Kind Regards, Amanda Smith Ogden Resident i Board of Commissioners - March 9, 2020 ITEM: 15- 14 - 6 Schuler, Brad From: georgia vick <gvick1950 @gmail.com> Sent: Thursday, August 15, 2019 9:20 PM To: Clark, Wayne; Vafier, Ken; Bouffard, Christine; Brown, Denise; Gough, Robert; McDonnell, Dylan; Meredith, Ron; Painter, Linda; Roth, Rebekah; Santure, Julia; Schuler, Brad; Smith, Gideon; Gartin, Jyll Subject: Apartment complex to be added on corner of Market and Lendire Please vote NO to this proposal. The beauty of our city is being destroyed by the addition of these huge apartment complexes! There is little being done to address the aging infrastructure in this city. The roads are a mess and especially Market Street! Adding more cars to an antiquated roadway is insane! We need less representation by builders and those involved in real estate and more representation by common caring citizens! What are you as our voices thinking when you continue to ignore traffic problems and infrastructure issues , yet continue to approve these complexes ? ? ? ?? Please vote NO and listen to the people you represent! Thanks. Marvin and Georgia Vick 741 Squire Lane Wilmington NC 28411 i Board of Commissioners - March 9, 2020 ITEM: 15- 14 - 7 Schuler, Brad From: Clark, Wayne Sent: Monday, August 19, 2019 12:24 PM To: Schuler, Brad; Vafier, Ken Subject: Fwd: Proposed Apartments 7241 Market St These can just go to brads file Get Outlook for iOS Wayne Clark I Planning & Land Use Director Planning & Land Use - Planning & Zoning New Hanover County 230 Government Center Drive, Suite 110 Wilmington, NC 28403 (910) 798 -7164 p 1 (910) 798 -7053 f www.nhcaov.com From: Brown, Denise <dbrown @nhcgov.com> Sent: Monday, August 19, 2019 12:14 PM To: Planning & Zoning Subject: FW: Proposed Apartments 7241 Market St Please see enclosed...... Denise Brown I Administrative Technician Planning & Land Use - Planning & Zoning New Hanover County 230 Government Center Drive, Suite 110 Wilmington, NC 28403 (910) 798 -7116 p 1 (910) 798 -7053 f www.nhcaov.com From: cape_ linda= yahoo.com @webformsnhcgov.com < cape_ linda= yahoo.com @webformsnhcgov.com> On Behalf Of Steve and Linda Cooper Sent: Monday, August 19, 2019 12:09 PM To: Brown, Denise <dbrown @nhcgov.com> Subject: Proposed Apartments 7241 Market St Please select the department you would like to direct your inquiry to: 1 Board of Commissioners - March 9, 2020 ITEM: 15- 14 - 8 Planning & Land Use (Zoning) Name Steve and Linda Cooper Email cape Iinda(@yahoo.com Subject Proposed Apartments 7241 Market St Your Message August 18, 2019 To: New Hanover County Commissioners, My husband and I are writing this email to discuss the proposed apartment complex called Middle Sound West, 7241 Market Street. This complex will border our sweet, little neighborhood called Palm Grove (Lido Dr and Palm Grove Dr) in Ogden. We are TOTALLY against this apartment complex for a number of reasons: - Wilmington needs to take a breath and reevaluate what is happening to our beloved city. The traffic has become horrible, construction projects are everywhere! We are blessed to know a large number of senior citizens due to our involvement in a number of groups /clubs. Everyone is constantly talking about the traffic issue that we now have here in Wilmington. We just keep building, when is this going to stop? We all moved here for the small city feel, the beaches, the ease of traffic and the sweet, little neighborhoods. We are destroying all of that with the nonstop building! - Torchwood Blvd. has been refigured so the current traffic on Lendire Rd has increased greatly. Once basketball season begins, the parking around Wilmington Basketball Center is crazy AND Starbucks on Lendire Rd is about to open? Please drive down to Lendire Road and watch the traffic now! Plus Lendire has always been a private road with very poor maintanence (huge potholes). So, who thinks it's a good idea to add 288 apartments with maybe 600 cars coming and going daily? -Where are all these kids going to go to school? -Ogden currently has a lot going on which is very unattractive — all the overpass construction, widening of Market Street construction, cardboard signs being stuck into every corner... Now, we're going to build 288 apartments? We use to be proud to show off my city to visitors, but that's not true anymore. Please give us a break so we can get this area looking nice again! -There are a lot of small neighborhoods in this area, ours included. We do our best to maintain our neighborhood but those in government positions now want to devalue our homes and destroy the aesthetics we love about our surroundings? -We need a Beautification Committee here in Wilmington before our charming city is destroyed any further! Someone needs to be cognizant about the way these construction projects are impacting our traffic, our schools, the aesthetics and our neighborhoods. We are hoping that y'all will be that committee and you'll vote this project down. We thank you for listening and hope to see you at one of the upcoming meetings on this project as we plan on attending all of them. 2 Board of Commissioners - March 9, 2020 ITEM: 15- 14 - 9 Steve and Linda Cooper 3 Board of Commissioners - March 9, 2020 ITEM: 15- 14 - 10 Schuler, Brad From: Clark, Wayne Sent: Monday, August 26, 2019 7:09 AM To: Schuler, Brad Subject: FW: Apartments on Lendire Wayne Clark I Planning & Land Use Director Planning & Land Use - Planning & Zoning New Hanover County 230 Government Center Drive, Suite 110 Wilmington, NC 28403 (910) 798 -7164 p 1 (910) 798 -7053 f www.nhcqov.com - - - -- Original Message---- - From: Melissa Siano <melsiano @icloud.com> Sent: Friday, August 23, 2019 9:42 PM To: Clark, Wayne <wclark @nhcgov.com> Subject: Apartments on Lendire Good Evening. I am a homeowner here in Wilmington, residing in The Ogden area. I am messaging about these proposed apartments to go on Lendire ?! This is absolute insanity for several reasons. Number one being the location has NO ROOM for that many people. A restaurant would be bad enough let alone apartments ?! It will not only be a safety issue but it will bring down our house values, bring problems and the traffic will be absolutely out of control. This should not even be up for discussion. Ogden has enough apartments right now as it is. Our once beautiful residential neighborhood does not need this! We beg of you to turn this down no matter the amount of money involved! I will have many people emailing, calling and turning up for this meeting! We have had major flooding problems in this area also and this will be another place that the water has nowhere to go! Make this a huge place for the water drain to before apartments are even an option! Thank you, Melissa Jackson 1577 Maple Ridge Rd Sent from my iPhone i Board of Commissioners - March 9, 2020 ITEM: 15- 14 - 11 T_ Betti Fah y Sui:)rec Proposed 288 apartment complex in Ogden �? ete Aug 18, 2019 at 11:18:41 AM 10 jbarfield @nhcgov.com My husband and I are writing this letter to discuss the proposed apartment complex in Ogden ( called Middle SoundWest, 7241 Market street). The "proposed" complex will border our neighborhood "Palm Grove" (Lido Dr and Palm Grove dr). We are vehemently against this project for a variety of reasons to include: Where are all these kids going to school? We already have way too much traffic. Torchwood Blvd.s reconfiguration has increased traffic in our area. Lendire Rd is a nightmare. The road is poorly maintained as it is. There are significant potholes all over the place. Lendire and the surrounding roads can barely withstand the existing traffic. To add 288 apartments with the projected increase of 600 cars is ludicrous. Ogden has a lot going on which is very unattractive. This includes all the overpass construction, widening of market street construction, increased traffic. Now they want to build 288 apartments? Our neighborhood and surrounding neighborhood's are being greatly impacted by this. We have enough new residential and commercial houses and businesses in our town. Please vote this project down Elizabeth Grennan -Fahy William Fahy 101 Lido Drive Wilmington,NC Board of Commissioners - March 9, 2020 ITEM: 15- 14 - 12 Schuler, Brad From: Sent: To: Subject: Crowell, Kym Tuesday, September 24, 2019 4:41 PM Schuler, Brad FW: Bloomington Ln., Wendover Ln., Bright Leaf Rd. Flooding during Dorian & the Proposed "Middlesound West" 288 apartments & Mixed Use Development Kym Crowell I Clerk To The Board County Commissioners New Hanover County 230 Government Center Drive, Suite 175 Wilmington, NC 28403 (910) 798 -7143 p 1 (910) 798 -7145 f www.nhcaov.com From: Betsy Albright <betsy.b.albright @gmail.com> Sent: Thursday, September 19, 2019 8:12 PM To: Barfield, Jonathan <jbarfield @nhcgov.com >; Kusek, Patricia <pkusek @nhcgov.com >; joboseman @nhc.gov.com; White, Woody <wwhite @nhcgov.com >; Zapple, Rob <rzapple @nhcgov.com >; Crowell, Kym <KCrowell @nhcgov.com> Subject: Bloomington Ln., Wendover Ln., Bright Leaf Rd. Flooding during Dorian & the Proposed "Middlesound West" 288 apartments & Mixed Use Development Dear County Commissioners, I am writing you to urge you to reject the proposed "Middlesound West" Development of 288 apartments and mixed -use retail /office spacein Ogden. It is inappropriate at this time when widespread flooding is an ongoing issue. Our county needs to reform our storm water management. Due to rising ocean temperatures, storms are increasing in size, are wetter, and moving slower than in the past. Florence was a record setter for rain here, dumping over 30 inches of rain. Dorian brought flooding to Ogden again. Texas is getting hammered with Imelda's 35 inches of rain in a 24 -hour period. This is our new reality and we need to plan for it now. Plan for 35 inches of rain in a 24 -hour period because that is the new reality. The four guiding principles for approving this project are as follows: 1. Can the applicant prove they use will not materially endanger the public health or safety if located where proposed and approved? Will flooding on my street get worse and finally breach my home or any one else's? Will the silt dug up from developing this tract end up washed being deposited in culverts, blocking drainage pipes? Will the impervious surfaces push water toward the wetlands which flows toward my neighborhood? Please see pictures attached. If the applicant can indeed prove that it won't harm my property, I would like it in writing so that if my husband and I incur flooding damages to our property we will know who to hold responsible. The front section of this property is wetlands. Adding impervious surfaces will push water to the wetlands which overflows over Market Street, runs downhill toward Wendover Ln. and Ogen Tap Room. The torrent of water broke the through concrete curb behind Big Lots and floods the yards, houses and street of Bright Leaf Ln. See flooding pictures from Dorian attached. i Board of Commissioners - March 9, 2020 ITEM: 15- 14 - 13 2. The use meets all required conditions and specifications of the Zoning Ordinance; This property is Zoned B -2 Highway Business, not a Mixed Use High- Density Residential Development. Granting Special Use Permits should be a rare occurrence. Otherwise, it undermines the intent of the current zoning and the keeping of the character of the land area. 3. The use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; I am already seeing on public forums that some locals are advising newcomers looking to re- locate to this area to stay away from Torchwood area properties because of flooding. Public perception already perceives these apartments as being a flooding threat to nearby homes which in turn injures property values of neighboring homes. The use of 288 apartments at the Market Street/Middle Sound /Lendire is most definitely not a public necessity. There are other lots suited for that use and already zoned for that use. 4. 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 County's adopted plans for growth and development. 288 apartments at "Middlesound West" would not be in harmony with the area, as it is a highway business zone, not a high- density residential neighborhood zone. That intersection's traffic is already horrific. That intersection is the only way in and only way out for 15,000+ Middle Sound Loop residents. There will be no harmony at that intersection if you add an additional 1,000 high- density residents in close proximity to that intersection. We have 3 1/2 years of road improvements to begin on Market St. between Middle Sound Loop and Marsh Oaks Dr. Don't add to the chaos it already is for over 15,000 residents. Thank you for your attention. Please say no to the "Middlesound West" Development. We need more green space in this county. Please preserve green space or we'll end up looking like the strip at Myrtle Beach. Tacky! Best regards, Betsy Albright Sent from my iPhone Begin forwarded message: From: Betsy Albright <betsy.b.albri hghtt&gmail.com> Date: September 15, 2019 at 3:41:56 PM EDT To: jiannucciknhc og v.com, jmaygnhcgov.com Cc: Betsy Albright <betsy.b.albrightkgmail.com >, Adam Albright <adamsalbrightglive.com> Subject: Bloomington Ln., Wendover Ln., Bright Leaf Rd. Flooding during Dorian 9 -5 -19 2 Board of Commissioners - March 9, 2020 ITEM: 15- 14 - 14 J My husband and I own and live at 209 Bloomington Ln. (gray house with blue shudders on left). Looking eastward, Street flooding is a concern. 3 Board of Commissioners - March 9, 2020 ITEM: 15- 14 - 15 Our neighbors's ditch at 205 Bloomington Ln. during Dorian. Their ditch is always clean, but you can see that the water level is threatening their air conditioning unit by the green bushes. 4 Board of Commissioners - March 9, 2020 ITEM: 15- 14 - 16 Street flooding on Bloomington Ln. The mailbox on the left is 205. The mailbox on the right is 204. 5 Board of Commissioners - March 9, 2020 ITEM: 15- 14 - 17 204 Bloomington Ln. Full drainage ditch. Flooding streets. 6 Board of Commissioners - March 9, 2020 ITEM: 15- 14 - 18 of .� °.+ ^� . � 1 __r' —�� '�' _ — ; .. � _ .aer�ar .�_. __ '• � ley- Close up of drainage ditch beside 204 Bloomington Ln. Street flooding. Board of Commissioners - March 9, 2020 ITEM: 15- 14 - 19 213 Bloomington Ln.'s driveway flooding and water encroaching into front lawn. s Board of Commissioners - March 9, 2020 ITEM: 15- 14 - 20 Drainage ditch between 212 Bloomington Ln. (on left) and 208 Bloomington Ln. with subsequent street flooding. The front lawns of 213 Bloomington Ln. and 209 Bloomington Ln. under water. Water creeping up driveways. 9 Board of Commissioners - March 9, 2020 ITEM: 15- 14 - 21 Another picture of drainage ditch between 212 Bloomington Ln. (house on left) and 208 Bloomington Ln. (house on right). Foreground is my front yard at 209 Bloomington Ln. 10 Board of Commissioners - March 9, 2020 ITEM: 15- 14 - 22 Wendover Ln. at Cloverfield Ct. intersection looking east. 213 Wendover Ln. on the left. Flood waters had started to recede between rain bands. You can see that the flood waters had gotten to the corner of Cloverfield Ct. on right. 11 Board of Commissioners - March 9, 2020 ITEM: 15- 14 - 23 Close up of the flood waters on Wendover Ln. 213 Wendover on left. You can see the receding flood waters went all the way up to Cloverfield Ct. 12 Board of Commissioners - March 9, 2020 ITEM: 15- 14 - 24 Wendover and Bright Leaf Rd. Street flooding. 13 Board of Commissioners - March 9, 2020 ITEM: 15- 14 - 25 Close up of street flooding on Bright Leaf Rd. Kayak in background. Our neighbors. 14 Board of Commissioners - March 9, 2020 ITEM: 15- 14 - 26 Another close up of street flooding on Bright Leaf Rd. 7303 Bright Leaf Rd.'s mailbox in the foreground on left. Kayak in the background. As you can see, we are experiencing flooding issues in the Wendover area of Ogden. It wasn't like this two or three years ago. We are not near a waterway. We are not in a flood zone. We are not near Page's Creek, Smith Creek, the ICWW, or the Atlantic Ocean. Yet, here we are. Widespread flooding. Please help! My lot at 209 Bloomington Ln. is at the mercy of others as we have no access to drainage ditches on our property. It's all interconnected and it's a domino effect. Help! Thanks for your attention, Betsy Albright Home owner at 209 Bloomington Ln. 910 - 279 -5013 Sent from my Whone 15 Board of Commissioners - March 9, 2020 ITEM: 15- 14 - 27 Board of Commissioners - March 9, 2020 ITEM: 15- 14 - 28 it ri i. Board of Commissioners - March 9, 2020 ITEM: 15- 14 - 29 Board of Commissioners - March 9, 2020 ITEM: 15- 14 - 30 i I ry A t 4 S -t s S . Z ,'ry• °: _.:arc -.i _s`_s;,�. Board of Commissi ITEM Board of Commissioners - March 9, 2020 ITEM: 15- 14 - 32 Schuler, Brad From: Crowell, Kym Sent: Wednesday, September 18, 2019 1:37 PM To: Schuler, Brad Subject: FW: Proposed Middlesound West development For your file on this matter... Kym Crowell I Clerk To The Board County Commissioners New Hanover County 230 Government Center Drive, Suite 175 Wilmington, NC 28403 (910) 798 -7143 p 1 (910) 798 -7145 f www.nhcaov.com From: Tami Procopio <tamidee007 @gmail.com> Sent: Tuesday, September 17, 2019 4:11 PM To: Barfield, Jonathan <jbarfield @nhcgov.com >; Kusek, Patricia <pkusek @nhcgov.com >; Olson - Boseman, Julia <joboseman @nhcgov.com >; White, Woody <wwhite @nhcgov.com >; Zapple, Rob <rzapple @nhcgov.com >; Crowell, Kym <I<Crowell @nhcgov.com> Subject: Proposed Middlesound West development Dear County Commissioners: I am writing you on behalf of my community and as a very upset and concerned citizen of New Hanover County. My husband and I have lived in the G1enRidge at Westbay Estates community for 22 years. During this time we have seen our flooding problem go from bad to horrendous. After 80% of the homes in my community flooded into the homes during Florence and my home came within two inches of flooding into our home during Dorian, I am learning that it is in the hands of you to approve a special use permit for yet another unnecessary development in this part of Ogden. I understand that Middlesound West is proposed for retail space and 288 apartments. This is absurd. There is already a chronic flooding problem in this area as well as a severe infrastructure problem. Not only can the land not handle more concrete and asphalt, the streets can't handle more cars and the schools can't handle more students. There is already an over building of apartment buildings in this part of town..... Gordon Road, Market St. towards Porters Neck and Military Cutoff towards Mayfaire. We have been informed that the storm water run off in this area is inadequate due to an old system that needs major work to update. Of which, there's no money for at this time. So in the meantime, our option is to wait for our home to flood again, or sell it to someone else and let it become their problem. There are 68 homes in G1enRidge and I'd say that 7 or 8 have been sold since Florence. We should not be forced into selling our home due to the county's poor decision making. This should not be happening! I would suggest that the county commissioners start looking at the impact of your decisions on people's lives as opposed to a bank account. Tax revenue isn't worth people having to sacrifice all they've worked for because of poor decisions in allowing over building in areas not meant for the development. I know that I speak for the vast majority of people who live in this part of Ogden. Nobody wants this development and we certainly don't need it. There's plenty of empty retail space in this county already. Look at Mayfaire and all the empty spots that have never been filled since expanding the section where H &M is rented. Also, there are plenty of other (not flood prone) areas where apartments can be built. I am asking you to strongly look at the impact of this special use permit and what it will potentially do to those of us living in this area. I hope that you make the right decision and decline this special use permit. 1 Board of Commissioners - March 9, 2020 ITEM: 15- 14 - 33 Thank you for your consideration to this important request. Joe and Tami Procopio 319 Smallwood Ct. Wilmington, NC 28411 2 Board of Commissioners - March 9, 2020 ITEM: 15- 14 - 34 Schuler, Brad From: Crowell, Kym Sent: Wednesday, September 18, 2019 1:39 PM To: Schuler, Brad Subject: FW: Proposed Middle sound West Development Kym Crowell I Clerk To The Board County Commissioners New Hanover County 230 Government Center Drive, Suite 175 Wilmington, NC 28403 (910) 798 -7143 p 1 (910) 798 -7145 f www.nhcqov.com From: skayel4= yahoo.com @webformsnhcgov.com <skayel4= yahoo.com @webformsnhcgov.com> On Behalf Of Sandy Pruett Sent: Wednesday, September 18, 2019 10:32 AM To: Crowell, Kym <KCrowell @nhcgov.com> Subject: Proposed Middle sound West Development Please select the department you would like to direct your inquiry to: County Commissioners & Clerk to the Board Name Sandy Pruett Email skaye14C@yahoo.com Subject Proposed Middle sound West Development Your Message Please, please reconsider the the proposed Middlesound West housing development /apartments located behind the KOA camping ground off Market street in Ogden. Ogden cannot take anymore strain on their drainage system. Two developments are going up on Gordon which is a bad idea. More traffic on Gordon Road! Yay, just what that dangerous street needs. Anyone that lives in that area knows that when we have a storm or heavy rain the flooding is terrible. Lucky homeowners hold our breath as the water rises to their porches and inches from their doorways. Unlucky homeowners continue to get their homes flooded. Enough is enough. People are unhappy with the way the area is being over built. Please make good decisions. Thank you 1 Board of Commissioners - March 9, 2020 ITEM: 15- 14 - 35 Schuler, Brad From: Sent: To: Subject: Importance: Crowell, Kym Friday, September 20, 2019 1:18 PM Schuler, Brad FW: Glenridge at West Bay Estates Homeowners objection to new building High Kym Crowell I Clerk To The Board County Commissioners New Hanover County 230 Government Center Drive, Suite 175 Wilmington, NC 28403 (910) 798 -7143 p 1 (910) 798 -7145 f www.nhcqov.com From: workorders @aib - hoa.com <workorders @aib - hoa.com> Sent: Friday, September 20, 2019 11:23 AM To: Barfield, Jonathan <jbarfield @nhcgov.com >; Kusek, Patricia <pkusek @nhcgov.com >; Olson- Boseman, Julia <joboseman @nhcgov.com >; White, Woody <wwhite @nhcgov.com >; Zapple, Rob <rzapple @nhcgov.com >; Crowell, Kym < KC rowe I I @ n h cgov. co m > Cc: Benjamin Hughes <Benjaminhughesl @ gmail.com>; Jason Smith <e.jasonsmith @yahoo.com >; Malorie Slusher <mhslusher @gmail.com >; Michael Rose <michael.rose98 @ gmail.com>; Michael Staublin <mpstau0l @gmail.com> Subject: Glenridge at West Bay Estates Homeowners objection to new building Importance: High Glenridge at West Bay Estates Homeowners Association — Board of Directors September 19, 2019 <jbarfieldAnhcgov.com >, <pkusekknhc,gov.com >, <jobosemanknhc,gov.com >, <wwhiteknhcgov.com >, <rzappleknhcgov.com >, <kcrowellc�r�,nhcgov.com> New Hanover County Dear County Commissioners; We are writing you to make sure you are aware of our Community's stance on the proposed development of Middlesound West, retail space and 288 apartments. 80% of Glenridge at West Bay Estates Community flooded during Florence and many of the homes came close to flooding again during Dorian. The addition of more impervious surface to this area will not help this already strained flooding situation. Our neighborhood has already been informed by your office that the storm water system is inadequate and out of date, Post Florence. Why compound an already bad situation with more unnecessary building? Almost a dozen homes have sold in the neighborhood since Florence, and this flooding situation is already beginning to affect our property values. Some people have yet to get the funding to rebuild after Florence and now Dorian and the threat of more.... We feel that no new building should take place until the flooding and storm water situation is under 1 Board of Commissioners - March 9, 2020 ITEM: 15- 14 - 36 control for the current homes in the area. Attached are photos of flooding from Hurricane Florence and also of Hurricane Dorian. Do the right thing and vote to reject this special zoning permit. Sincerely the 68 homeowners, Board of Directors — Glenridge at West Bay Estates Link to photos from Dorian: https: // photos .app.goo.gl /aYutu318gnJihsN87 Link to photos from Florence: https: / /drive.google.com/ open? id= lcgQUYtrori78vnikZxZgzZstLbH2XmDk Jennifer AIB Specializing in HOA Management Providing HOA Management with Accountability, Integrity & Balance PO Box 1124 Carolina Beach, NC 28428 P: 910 - 458 -0818 F: 910 - 338 -3933 www.aib - hoa.com NOTE: Please be advised that any work orders sent via email will take longer to process, please submit all work orders on the www.aib - hoa.com website (owner login required). This message, and any files transmitted with it may contain confidential information and is intended only for the individual addressee(s). If you are not the named addressee or if you have received this email by mistake, you should not disseminate, print, distribute or copy this e -mail. If you have received this email by mistake, please notify the sender immediately and delete this e -mail from your system. 2 Board of Commissioners - March 9, 2020 ITEM: 15- 14 - 37 Schuler, Brad From: Crowell, Kym Sent: Thursday, September 19, 2019 9:12 AM To: Schuler, Brad Subject: Fwd: Middlesound Development Ogden Kym Crowell Clerk to the Board NHC Board of Commissioners (910) 798 -7149 Kym Crowell I Clerk To The Board County Commissioners New Hanover County 230 Government Center Drive, Suite 175 Wilmington, NC 28403 (910) 798 -7143 p 1 (910) 798 -7145 f www.nhcqov.com From: Betty Garner <bgarner917 @gmail.com> Sent: Wednesday, September 18, 2019 4:56:06 PM To: Barfield, Jonathan <jbarfield @nhcgov.com >; Kusek, Patricia <pkusek @nhcgov.com >; Olson- Boseman, Julia <joboseman @nhcgov.com >; White, Woody <wwhite @nhcgov.com >; Zapple, Rob <rzapple @nhcgov.com >; Crowell, Kym <KCrowell @nhcgov.com> Subject: Middlesound Development Ogden We have lived in Wilmington for many years. Moved away but moving back soon. After hurricane Dorian I was horrified at the flooding on Torchwood, Courtney Pines area and so was everyone else! I have talked with Pat Kusek. And this is one reason why ..... over development and county commissioners approving it!! We're moving to Courtney Pines in 2 weeks. I hope that all of you take this seriously, homes are going to be flooded!! Stop building in this area! 1 Board of Commissioners - March 9, 2020 ITEM: 15- 14 - 38 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 3/9/2020 Regular DEPARTMENT: Planning PRESENTER(S): Brad Schuler, Senior Planner CONTACT(S): Brad Schuler, Wayne Clark, Planning & Land Use Director SUBJECT: Public Hearing NOTE: Applicant has Requested a Continuance Rezoning Request (Z19 -12) — Request by Design Solutions on Behalf of the Property Owner, Raiford G. Trask Jr. Rev Trust, to Rezone Approximately 10.35 Acres of Land Located North of the 3300 Block of Paramount Way in the Northchase Planned Development, and South of Interstate 140, from O &I, Office and Institutional District, and R- 15 Residential District, to R -5, Moderate -High Residential District BRIEF SUMMARY: The applicant is proposing to rezone approximately 10.35 acres from 0 &1 and R -15 to R -5. The site is located between the Northchase Planned Development and 1 -140. The property is currently split zoned. About 6.9 acres is zoned 0 &1 and 3.4 acres is zoned R -15. The 0 &1 district permits office and institutional related uses (like medical and professional offices, religious institutions, and schools) and low density residential housing (maximum of 2.5 du /ac). The current zoning of the property would allow up to 26 dwelling units at a maximum density of 2.5 dwelling units per acre if the full site was developed with residential uses. The proposed R -5 district would allow up to 83 dwelling units at a maximum density of 8 dwelling units per acre. Alternatively, it is estimated that 0 &1 zoned portion of the property could support about 150,000 square feet of office related uses, based on a typical 25% building area and 2 -story building(s). Although that amount of office space is theoretically possible on a 7 -acre site, it is not practical to expect the market would support facilities that large, if at all, at this location due to the access limitation of 1 -140 leaving the only current road connection to the site through the residential portion of Northchase. Because this is a general map amendment and not a conditional rezoning, uses that would be allowed on the property are those allowed by right or by Special Use Permit in the R -5 district. A conceptual site plan is not included with this application, however, if approved, the development of the site must comply with the standards of the R -5 district and other applicable regulations, including buffering and stormwater standards. The only current access to the site is through Northchase, specifically from Chandler Drive. This road then connects to Northchase Parkway which connects to N. College Road at two signalized intersections. The majority of the roadway network within Northchase, including the above routes, is maintained by NCDOT. Typically, single - family dwellings generate approximately one trip in the peak hours, while townhomes generate approximately 0.5 trips in the peak hours. The combination of single - family homes and office uses currently permitted by the existing zoning would be expected to generate more traffic than a townhouse development under the proposed zoning. A development consisting of 83 townhomes would generate about 40 -50 trips in the peak hours. A general office building consisting of 20,000 square feet would generate about the same amount of trips during the AM peak hour. The subject site is classified as General Residential in the 2016 Comprehensive Plan. The proposed R -5 zoning district is Board of Commissioners - March 9, 2020 ITEM: 16 generally CONSISTENT with the 2016 Comprehensive Plan because it would provide an orderly transition between the existing single - family residential neighborhoods and Interstate 140, promotes more diverse housing options, and is in -line with the density recommendations for the adjacent Community Mixed Use area and for planned developments in a General Residential area. The Planning Board considered this application at their January 9, 2020 meeting. At the meeting, an attorney representing the Northchase Homeowners Association and several residents expressed their opposition to the rezoning request presenting concerns that it will increase traffic through the existing single - family sections of Northchase, that the area has poor drainage and is known to flood in storm events, overcrowded schools, and if the access to use Chandler Drive is legal. The Planning Board voted 3 -3 on the following motion to deny the request: I move to DENY the proposed rezoning to a R -5 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposal would provide an orderly transition between the existing single - family residential neighborhoods and Interstate 140, promotes more diverse housing options, and is in line with the density recommendations for the adjacent Community Mixed Use area and for planned developments in a General Residential area, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent neighborhoods. The applicant has elected to appeal the Planning Board's recommendation and have the application considered by the Board of Commissioners. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends approval of this application and suggests the following motion: I move to APPROVE the proposed rezoning to a R -5 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposal would provide an orderly transition between the existing single - family residential neighborhoods and Interstate 140, promotes more diverse housing options, and is in -line with the density recommendations for the adjacent Community Mixed Use area and for planned developments in a General Residential area. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal supports opportunities for more affordable housing and assists with providing a range of housing types to the area. Alternative Motion for Denial I move to DENY the proposed rezoning to a R -5 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposal would provide an orderly transition between the existing single - family residential neighborhoods and Interstate 140, promotes more diverse housing options, and is in -line with the density recommendations forthe adjacent Community Mixed Use area and for planned developments in a General Residential area, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent neighborhoods. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Board of Commissioners - March 9, 2020 ITEM: 16 Recommend approval as presented by staff. COMMISSIONERS' ACTIONS: Continued at applicant's request to the May 4 meeting 4 -0. Board of Commissioners - March 9, 2020 ITEM: 16 SCRIPT for Zoning Map Amendment Application (Z19 -12) Request by Design Solutions on behalf of the property owner, Raiford G. Trask Jr. Rev Trust, to rezone approximately 10.35 acres of land located north of the 3300 block of Paramount Way in the Northchase Planned Development, and south of Interstate 140, from O &I, Office and Institutional District, and R -15 Residential District, to R -5, Moderate -High Residential District. 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, as follows: a. Staff presentation b. Applicant's presentation (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. Applicant's rebuttal (up to 5 minutes) e. Opponent's rebuttal (up to 5 minutes) 3. Close the public hearing 4. Board discussion 5. 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 approval or denial of the rezoning request is reasonable and in the public interest. Staff Suaaested Motion: I move to APPROVE the proposed rezoning to a R -5 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposal would provide an orderly transition between the existing single - family residential neighborhoods and Interstate 140, promotes more diverse housing options, and is in -line with the density recommendations for the adjacent Community Mixed Use area and for planned developments in a General Residential area. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal supports opportunities for more affordable housing and assists with providing a range of housing types to the area. Alternative Motion for Denial I move to DENY the proposed rezoning to a R -5 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposal would provide an orderly transition between the existing single - family residential neighborhoods and Interstate 140, promotes more diverse housing options, and is in -line with the density recommendations for the adjacent Community Mixed Use area and for planned developments in a General Residential area, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent neighborhoods. Board of Commissioners - March 9, 2020 ITEM: 16- 1 - 1 Alternative Motion for Approval /Denial: I move to [Approve /Deny] the proposed rezoning to a R -5 district. I find it to be [Consistent /Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] I also find [Approval /Denial] of the rezoning request is reasonable and in the public interest because [insert reasons] Board of Commissioners - March 9, 2020 ITEM: 16- 1 - 2 STAFF REPORT FOR Z19 -12 ZONING MAP AMENDMENT APPLICATION APPLICATION SUMMARY Case Number: Z19 -1 2 Request: Rezoning to a R -5 Moderate -High Residential District Applicant: Property Owner(s): Cindee Wolf with Design Solutions Raiford G. Trask Jr. Location: Acreage: North of the Northchase Planned Development, near the 10.35 intersection of Chandler Drive and Paramount Way PID(s): Comp Plan Place Type: R02600- 003 - 010 -000 General Residential Existing Land Use: Proposed Land Use: The property would be allowed to Undeveloped be developed in accordance with the R -5 district Current Zoning: Proposed Zoning: 0&1 and R -15 R -5 SURROUNDING AREA LAND USE ZONING North 1 -140 1 -1, R -15 East Single- Family Residential PD ( Northchase) Z19 -1 2 Staff Report BOC 3.9.2020 Board of Commissioners - March 9, 2020 ITEM: 16- 2 - 1 Page 1 of 12 South Single - Family Residential PD (Northchase) West Undeveloped, 1 -140 PD, 1 -1 ZONING HISTORY July 7, 1972 Initially zoned R -15 (Area 8B) August 3, 1998 The western portion of the property rezoned to 0&1 (Z -630). COMMUNITY SERVICES Water /Sewer CFPUA water and sewer service would require main line extension. Specific Historic design will be determined during site plan review. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Station Murrayville *Schools Castle Hayne Elementary, Trask Middle, and Laney High Schools *For more information, see the full School statistics below. Recreation Blue Clay Park, Northern Regional Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Z19 -1 2 Staff Report BOC 3.9.2020 Board of Commissioners - March 9, 2020 ITEM: 16- 2 - 2 Page 2 of 12 ZONING CONSIDERATIONS • The applicant is proposing to rezone approximately 10.35 acres from 0&1 and R -15 to R -5. • The property is currently split zoned. About 6.9 acres is zoned 0&1 and 3.4 acres is zoned R -15. The 0&1 district permits office and institutional related uses (like medical and professional offices, religious institutions, and schools) and low density residential housing (maximum of 2.5 du /ac). • The current zoning of the property would allow up to 26 dwelling units at a maximum density of 2.5 dwelling units per acre if the full site was developed with residential uses. The proposed R -5 district would allow up to 83 dwelling units at a maximum density of 8 dwelling units per acre. Alternatively, it is estimated that 0&1 zoned portion of the property could support about 150,000 square feet of office related uses, based on a typical 25% building area and 2 -story building(s). Although that amount of office space is theoretically possible on a 7 -acre site, it is not practical to expect the market would support facilities that large, if at all, at this location due to the access limitation of 1 -140 leaving the only current road connection to the site through the residential portion of Northchase. • The R -5 district allows duplexes, triplexes, quadruplexes, townhomes, and accessory dwelling units. However, the district prohibits mobile homes and typical multi - family development, like apartments, allowing a maximum of 4 units within any residential structure. In addition, the special use permit for high density developments is not permitted in the R -5 district, and the number of permitted nonresidential uses is reduced. • If townhomes are developed, a minimum 20 -foot buffer is required around the southeastern property line of the project because the proposed development is adjacent to single - family dwellings within Northchase. In addition, the townhome units will be restricted to a maximum height of 35 feet, which is the same standard applied in the R -15 district, and more restrictive than the 40 -foot height maximum applied in the 0&1 district. Compliance with Z19 -1 2 Staff Report BOC 3.9.2020 Board of Commissioners - March 9, 2020 ITEM: 16- 2 - 3 Page 3 of 12 Existing Zoning Proposed R -5 R -15 (approx 3.4 0&1 (approx 6.9 acres) acres) Min Lot Size 15,000 sf 15,000 sf 5,000 sf (Conventional) 2.5 du /ac 2.5 du /ac (Performance) (Performance) Max Density 10.2 du /ac 10.2 du /ac 8 du /ac (High Density SUP) (High Density SUP) Max Dwelling 9 (Performance) 17 (Performance) Units for Subject 35 (High Density 70 (High Density 83 Property SUP) SUP) Limited (ex. Variety of office , Limited (ex. Commercial Kennels, institutional and recreation, Uses recreation and medical related day care, convenience stores parks, W/ SUP) uses. libraries) • The R -5 district allows duplexes, triplexes, quadruplexes, townhomes, and accessory dwelling units. However, the district prohibits mobile homes and typical multi - family development, like apartments, allowing a maximum of 4 units within any residential structure. In addition, the special use permit for high density developments is not permitted in the R -5 district, and the number of permitted nonresidential uses is reduced. • If townhomes are developed, a minimum 20 -foot buffer is required around the southeastern property line of the project because the proposed development is adjacent to single - family dwellings within Northchase. In addition, the townhome units will be restricted to a maximum height of 35 feet, which is the same standard applied in the R -15 district, and more restrictive than the 40 -foot height maximum applied in the 0&1 district. Compliance with Z19 -1 2 Staff Report BOC 3.9.2020 Board of Commissioners - March 9, 2020 ITEM: 16- 2 - 3 Page 3 of 12 these provisions will be reviewed by the Technical Review Committee during the subdivision review process. • Because this is a general map amendment and not a conditional rezoning, uses that would be allowed on the property are those allowed by right or by Special Use Permit in the R -5 district. A conceptual site plan is not included with this application, however, if approved, the development of the site must comply with the standards of the R -5 district and other applicable regulations, including buffering and stormwater standards. • The adjacent portion of Northchase east of the site has a history of flooding due to the area's topography and marginal drainage system. It is possible existing homes in this portion of Northchase have finished floor elevations below a 100 -year flood elevation. Over 100 homes sustained flood damage during Hurricane Florence, which was a 500 to 1000 -year storm event that totaled over 30 inches of rain. • The downstream outfall for this area flows north and crosses 1 -140, Blue Clay Road, and N. College Road eventually draining to Prince George Creek. F s. v General Direction J of Drainage Flow 1-140 u TIVERTON CCItlDNG�INGT TC)N S�bjed Site o � � o f . N�aSµC�ypSE Downstream Outfall • The County was recently awarded a grant to remove debris and sedimentation from streams and waterways impacted by Hurricane Florence in the unincorporated areas of the County. The County is also seeking additional funding to increase the capacity of the drainage system serving the site and the Board of Commissioners recently voted to establish a stormwater service aimed at assisting with the maintenance and improvement of the drainage features within the County. The stormwater service will become effective in July 2020. • While the area contains drainage challenges, a rezoning from 0&1 to R -5 is generally considered to be a down zoning in that the permitted uses in a residential district are less intense and typically generate less impervious coverage and traffic. Further the site must be designed to comply with the County's stormwater standards regardless of the zoning district it is developed under. Z19 -1 2 Staff Report BOC 3.9.2020 Page 4 of 12 Board of Commissioners - March 9, 2020 ITEM: 16- 2 - 4 TRANSPORTATION • The only current access is to the site is through Northchase, specifically from Chandler Drive. This road then connects to Northchase Parkway which connects to N. College Road at two signalized intersections. The majority of the roadway network within Northchase, including the above routes, is maintained by NCDOT. Z19 -1 2 Staff Report BOC 3.9.2020 Page 5 of 12 Board of Commissioners - March 9, 2020 ITEM: 16- 2 - 5 F� - \�% Subject Site r i -1 40 -_� V r vgtRS A —FT- Signalized �� Intersection w j H'FMiOCK v- O C - N. College -_ Road c r C).0s o Signalized w Intersection w� f. N. College Road ~NCDOT Maintained Roads Z19 -1 2 Staff Report BOC 3.9.2020 Page 5 of 12 Board of Commissioners - March 9, 2020 ITEM: 16- 2 - 5 • At the Planning Board meeting, residents expressed concerns regarding the legal access to Chandler Drive from the subject property. The final plat stub for that section of Northchase did not expressly label the road stub to be a right -of -way (instead labeling it as "Future Development "). However, County staff has historically interpreted the plat to designate that area as a future road that would extend north to provide access to the adjacent property. The road stub is currently not within a tax parcel and the Master Plan for the abutting Blue Clay Farms Planned Development (approved by the Board of Commissioners) showed a proposed access easement from the subject site to Chandler Drive. In addition, the width of the stub is the same dimension (50 feet) as the right -of -way of Chandler Drive. ref Undeveloped Open Space of Blue Clay Farm r dw F i] .Access Easement ♦� Subject Site Residential/ Office/ Commercial of Blue Clay Farms I orth�chase Master Plan of the Blue Clay Farms Planned Development illustrating proposed access to the subject site from Chandler Drive Z19 -1 2 Staff Report BOC 3.9.2020 Board of Commissioners - March 9, 2020 ITEM: 16- 2 - 6 Page 6 of 12 Typically, single - family dwellings generate approximately one trip in the peak hours, while townhomes generate approximately 0.5 trips in the peak hours. The combination of single - family homes and office uses currently permitted by the existing zoning would be expected to generate more traffic than a townhouse development under the proposed zoning. A development consisting of 83 townhomes would generate about 40 -50 trips in the peak hours. A general office building consisting of 20,000 square feet would generate about the same amount of trips during the AM peak hour. Nearby Planned Transportation Improvements and Traffic Impact Analyses ti � � a Traffic Impact Analyses Q 1 Mile Radius Approvedo a z lSR i Under Review 9ksOMsti F, SIDa tt �- Under Draft - Pumpkin Creek C Store _�'q' TIA Approved o / x Cape Landing TIA Approved o o TIVERTON - n Z19 -12 `$ o i HEMLOCK � rFr f�ti� rr HOCLY yo 3/ S AP , -� tv Lc' OR STIP Project 40`�� Miles !T' E 0 0.25 0.5 �o ltq� rpeticE F Z19 -1 2 Staff Report BOC 3.9.2020 Board of Commissioners - March 9, 2020 ITEM: 16- 2 - 7 Page 7 of 12 There have not been any recent Traffic Impact Analyses (TIA) in the area that provide data on intersections along N. College Road adjacent to Northchase, however, a 2017 TIA completed for the Cape Landing subdivision estimated that the intersection of N. College Road and Blue Clay Road would operate at an acceptable Level of Service (LOS) in 2021 when that development is expected to be completed. Nearby Traffic Impact Analyses: Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards. Approved analyses must be re- examined by NCDOT if the proposed development is not completed by the build out date established within the TIA. Proposed Development Land Use /Intensity TIA Status 1. Pumpkin Creek • 5,000 sf Convenience • Approved February 3, 2018 Convenience Store Market with Gas Pumps • 2018 Build Out Year The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Extension of the existing eastbound left turn lane on Blue Clay Road at N. College Road. • Extension of the existing southbound left turn lane on N. College Road at Blue Clay Road. Nearby Proposed Developments included within the TIA: • Phase 1 of the Cape Fear Community College expansion. Development Status: No construction has started at this time. Z19 -1 2 Staff Report BOC 3.9.2020 Board of Commissioners - March 9, 2020 ITEM: 16- 2 - 8 Page 8 of 12 • Approved December 21, 2. Cape Landing • 126 Single - Family Dwellings 2017 • 2021 Build Out Year The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Extension of the existing eastbound left turn lane on Blue Clay Road at N. College Road. Nearby Proposed Developments included within the TIA: • Phase 1 of the Cape Fear Community College expansion. Development Status: 62 lots have been platted, most of which now contain occupied single - family dwellings. The extension of the turn lane has not been completed at this time and is required to be installed with the second phase of the development unless it is installed by the Pumpkin Creek convenience store first. Z19 -1 2 Staff Report BOC 3.9.2020 Board of Commissioners - March 9, 2020 ITEM: 16- 2 - 8 Page 8 of 12 SCHOOLS Students generated from this development would be assigned to Castle Hayne Elementary, Trask Middle, and Laney High schools. Students may apply to attend public magnet, year - round elementary, or specialty high schools. Twenty -six dwelling units would be permitted under the current R -15 and 0&1 zoning base density, and 83 units would be allowed under the proposed zoning for an increase of 57 dwelling units Based on average student generation rates *, there are an average of 0.24 public school students (0.11 for elementary, 0.05 for middle, and 0.08 for high) generated per dwelling unit across New Hanover County. The proposed development can be estimated to generate 13.7 (6.1 elementary, 3.1 middle, and 4.4 high) more students than if developed under existing zoning. *Average student generation rates are calculated by dividing the projected New Hanover County public school student enrollment for the 2020 -2021 school year by the estimated number of dwelling units in the county. While different housing types and different locations typically yield different numbers of students, these average generation rates can provide a general guide for the number of students to anticipate. Total projected student enrollment was used, which includes students attending out -of- district specialty schools, such as year -round elementary schools, Isaac Bear, and Sea TECH. School Enrollment* and Capacity * * - 2021 -2022 Estimates *Enrollment is based on projected New Hanover County Schools enrollment for the 2020 -2021 school year. * *Capacity calculations were determined by New Hanover County Schools for the 2020 -2021 school year and are based on NC DPI Facility Guidelines & Class Size Requirements. Modifications refer to specific program requirements unique to a particular school. These may include exceptional children's classrooms beyond the original building design; classrooms to serve a unique population such as ESL; or classrooms designated for art and music if the building wasn't specifically designed with those spaces. ENVIRONMENTAL • The property is not within a Natural Heritage Area or Special Flood Hazard Area. • The property is within the Prince George Creek (C;Sw) watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class II (moderate limitation) and Class III (severe limitation) soils, however, CFPUA sewer services is available with main line extension. Z19 -1 2 Staff Report BOC 3.9.2020 Board of Commissioners - March 9, 2020 ITEM: 16- 2 - 9 Page 9 of 12 Total Enrollment Capacity of % of Funded Level NHC % School of Assigned Assigned Capacity Capacity Capacity School School w/ of Assigned Upgrades Portables School Elementary 97% Castle Hayne 483 529 91% None Middle 107% Trask 717 662 108% None High 105% Laney 2063 1903 108% None *Enrollment is based on projected New Hanover County Schools enrollment for the 2020 -2021 school year. * *Capacity calculations were determined by New Hanover County Schools for the 2020 -2021 school year and are based on NC DPI Facility Guidelines & Class Size Requirements. Modifications refer to specific program requirements unique to a particular school. These may include exceptional children's classrooms beyond the original building design; classrooms to serve a unique population such as ESL; or classrooms designated for art and music if the building wasn't specifically designed with those spaces. ENVIRONMENTAL • The property is not within a Natural Heritage Area or Special Flood Hazard Area. • The property is within the Prince George Creek (C;Sw) watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class II (moderate limitation) and Class III (severe limitation) soils, however, CFPUA sewer services is available with main line extension. Z19 -1 2 Staff Report BOC 3.9.2020 Board of Commissioners - March 9, 2020 ITEM: 16- 2 - 9 Page 9 of 12 2016 COMPREHENSIVE LAND USE PLAN 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. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. Future Land Use Map Place Type General Residential Focuses on lower- density housing and associated civic and commercial Place Type services. Typically, housing is single - family or duplexes. Commercial uses Description should be limited to strategically located office and retail spaces, while recreation and school facilities are encouraged throughout. Z19 -1 2 Staff Report BOC 3.9.2020 Board of Commissioners - March 9, 2020 ITEM: 16- 2 - 10 Page 10 of 12 PLANNING BOARD ACTION The Planning Board considered this application at their January 9, 2020 meeting. At the meeting, an attorney representing the Northchase Homeowners Association and several residents expressed their opposition to the rezoning request presenting concerns that it will increase traffic through the existing single - family sections of Northchase, that the area has poor drainage and is known to flood in storm events, overcrowded schools, and if the access to use Chandler Drive is legal. The Planning Board voted 3 -3 on the following motion to deny the request: I move to DENY the proposed rezoning to a R -5 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposal would provide an orderly transition between the existing single - family residential neighborhoods and Interstate 140, promotes more diverse housing options, and is in line with the density recommendations for the adjacent Community Mixed Use area and for planned developments in a General Residential area, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is Z19 -1 2 Staff Report BOC 3.9.2020 Board of Commissioners - March 9, 2020 ITEM: 16- 2 - 11 Page 11 of 12 The subject site is designated as General Residential, the intent of which is to preserve existing residential neighborhoods and provide opportunities for similar lower density residential development and supportive commercial, civic, and recreational development. Because of the general nature of place type borders, sites located in proximity to the boundaries between place types could be appropriately developed in accordance with either place type. This site is transitional, located between the residential portion of the Northchase planned development and the 1 -140 Bypass and immediately adjacent to vacant land designated as a Community Mixed Use place type. Given its place type designation and proximity to Community Mixed Use, Analysis the type of office and commercial development allowed in the current 0&1 zoning designation could be appropriate; however, because it can only currently be accessed by Chandler Dr., residential uses would be more compatible with the existing development pattern. The proposed R -5 zoning district allows a maximum slightly higher than the 6 unit per acre density identified as preferable in General Residential areas, but the limited residential developments allowed in the district are more aligned with the intent of a General Residential place than the types of nonresidential uses and large multifamily buildings allowed in 0&1. In addition, the maximum 8 units per acre allowed in R -5 is in line with the adjacent Community Mixed Use place type and the moderate density preferred for planned developments in a General Residential area. The proposed R -5 zoning district is generally CONSISTENT with the 2016 Comprehensive Plan because it would provide an orderly transition between Consistency the existing single - family residential neighborhoods and Interstate 140, Recommendation promotes more diverse housing options, and is in -line with the density recommendations for the adjacent Community Mixed Use area and for planned developments in a General Residential area. PLANNING BOARD ACTION The Planning Board considered this application at their January 9, 2020 meeting. At the meeting, an attorney representing the Northchase Homeowners Association and several residents expressed their opposition to the rezoning request presenting concerns that it will increase traffic through the existing single - family sections of Northchase, that the area has poor drainage and is known to flood in storm events, overcrowded schools, and if the access to use Chandler Drive is legal. The Planning Board voted 3 -3 on the following motion to deny the request: I move to DENY the proposed rezoning to a R -5 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposal would provide an orderly transition between the existing single - family residential neighborhoods and Interstate 140, promotes more diverse housing options, and is in line with the density recommendations for the adjacent Community Mixed Use area and for planned developments in a General Residential area, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is Z19 -1 2 Staff Report BOC 3.9.2020 Board of Commissioners - March 9, 2020 ITEM: 16- 2 - 11 Page 11 of 12 not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent neighborhoods. The applicant has elected to appeal the Planning Board's recommendation and have the application considered by the Board of Commissioners. STAFF RECOMMENDATION Staff recommends approval of this application and suggests the following motion: I move to APPROVE the proposed rezoning to a R -5 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposal would provide an orderly transition between the existing single - family residential neighborhoods and Interstate 140, promotes more diverse housing options, and is in- line with the density recommendations for the adjacent Community Mixed Use area and for planned developments in a General Residential area. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal supports opportunities for more affordable housing and assists with providing a range of housing types to the area. Alternative Motion for Denial I move to DENY the proposed rezoning to a R -5 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposal would provide an orderly transition between the existing single - family residential neighborhoods and Interstate 140, promotes more diverse housing options, and is in line with the density recommendations for the adjacent Community Mixed Use area and for planned developments in a General Residential area, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent neighborhoods. Z19 -1 2 Staff Report BOC 3.9.2020 Board of Commissioners - March 9, 2020 ITEM: 16- 2 - 12 Page 12 of 12 Case: Site Address: Existing Zoning /Use: Proposed Use /Zoning_ Z19 -12 3900/4000 block R -15 and O &I/ R -5 Chandler Dr Undeveloped N W•1 -140 Py�O ELI. 140 R -15 , Subject Site R -10 ♦ ♦ .i COHAN,C,\R �O Z -2 ��Py.• ` oo ' r CI 750 Feet Bo of Water Sewer Zoning Districts ?� A -I EDZD M PD R -20S SC �o AR 1 -1 R -10 R -7 B -1 1 -2 R -15 RA B -2 0&1 R -20 ■ RFMU D ® Indicates Conditional Use District (CUD) Indicates Conditional Zoning District (CZD) COD See Section 55.1 of the Zoning Ordinance Incorporated Areas pm Case: Site Address: Z19 -12 3900/4000 block Chandler Dr COMMUNITY MIXED USES 750 Existing Zoning /Use: R -15 and 0&1/ Undeveloped Proposed Use /Zoning_ R -5 N Subject Site yaPy EMPLOYMENT 2 CENTER a GENERAL VICPR' RESIDENTIAL —11 Place Types COMMERCE ZONE o; EMPLOYMENT CENTER GENERAL RESIDENTIAL URBAN MIXED USE D COMMUNITY MIXED USE RURAL RESIDENTIAL 2\ CONSERVATION Case: Site Address: Existing Zoning /Use: Proposed Use /Zoning_ Z19 -12 3900/4000 block R -15 and O &I/ R -5 Chandler Dr Undeveloped N R -15 O &I 4220 1 -2 y99 �1 • / 0.0 i Subject Site o R-10_ Ire 4201 • 3448 3450 3446 . 3 449 • • 3444 , 3445 PD %3443 • 3347 3345 •3341 /343439 Z: :3 50 y opt 3343 3348 V 3341y • 3337 • 3340 • 3344 2 • 3336 • �/.3333 • `l 3332 �^ 3329 3328 3 w 3I n 376 • 3369 d 3324 3365 -� CT 3321 • •\ 3317 y • 3320 3361 VlCpR •v • 3313/ 3316 3 y • 3357 •� •3309 • 3312 3317 >/ ,�� G. :305 :308 •3313 • 3316�(F y 3304 :301//• 3309 L� ��� CO 4001 3239/• 300 3305\ �\ • ?J`) 32 5 , 4000 1 +/ •01 • 322 3304 3217 • y 4004 • 4008 4009 >1 4 •Qk•9/ 3213 • 4012 '55 � �� �l •05 'y 2 750 4�0�- 3 12 - :909 Feet j PQs Bo of t i sio16 -rs- 1 rch ,� 0� oOOOO�B�MON n�V� APPLICANT MATERIALS Board of Commissioners - March 9, 2020 ITEM: 16- 6 - 1 NEW HANOVER COUNTY o �= PLANNING & LAND USE r z K F T C �. =2 Application for ZONING MAP AMENDMENT Print Form 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 CINDEE WOLF RAIFORD G TRASK, JR REV TRUST CHANDLER DR Company Owner Name 2 Parcel ID(s) DESIGN SOLUTIONS RAIFORD G TRASK, JR - TRUSTEE 323007.67.5839 Address Address Area PO BOX 7221 6336 OLEANDER DR, STE 1 10.35 AC +/- City, State, Zip City, State, Zip Existing Zoning and Use WILMINGTON, NC 28406 WILMINGTON, NC 28403 0&1 AND R -15 / VACANT Phone Phone Proposed Zoning and Use 910- 620 -2374 910- 799 -8755 R -5 / RESIDENTIAL Email Email Land Classification CWOLF @LOBODEMAR.BIZ RAIFORD@TRASKLANDCO.COM GENERAL RESIDENTIAL Application Tracking Information (Stqf f Case Number Date/Time received: Received by: 211 -IZ a0r) S 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 prior to submission, and advised to contact Planning Staff with any questions. The following sections of the Zoning Ordinance pertain specifically to zoning amendments: Section 110: Amending the Ordinance Section 1 11: 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. Page 1 of 3 Board of Commissioners - March 9, 2020 04/14 ITEM: 16- 7 - 1 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 Initial Staff Initial Copy of the New Hanover County Tax Map, which delineates the property requested for rezoning. CAWS Legal description (by metes and bounds) of property requested for rezoning. CAW J Copy of the subdivision map or recorded plat which delineates the property. CAW, 5 Any special requirements of the Ordinance (for example, Section 54.2 for Planned Development District, Section 54.1 for Exceptional Design Zoning District, or Section 54.3 for Riverfront Mixed Use District) N/A A report of the required public information meeting outlined in Section 111 -2.1 (if applicable) N/A �, JA Authority for Appointment of Agent Form (if applicable) CAW 5 Fee - For petitions involving 5 acres or less, $500. For petitions involving greater than 5 acres, $600 �Z C CAW CRITERIA REQUIRED FOR APPROVAL OF A CHANGE OF ZONING Requests for general rezonings do not consider a particular land use but rather all of the uses permitted in the zoning district which is being requested for the subject property. Rezoning requests must be consistent with the New Hanover County Land Use Plan and the Zoning Ordinance, and the applicant has the burden of proving that the request is not consistent with the county's adopted land use plan, zoning ordinance, reasonable, and in the public's interest. The applicant should explain, with reference to attached plans (where applicable), how the proposed zoning district 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): i. now wouid the requested change be consistent with the County's Policies for Growth and Development? he policies for growth and development encourage safe and affordable housing to be available to every citizen. Sustainability if the County depends on sensible in -fill and maximizing use of lands already accessible to urban services. More density of ingle- family development not only increases tax base, but makes better use of the existing infrastructure. Page 2 of 3 Board of Commissioners - March 9, 2020 04/14 ITEM: 16- 7 - 2 2. How would the requested zone change be consistent with the property's classification on the Land C;lassitication his tract is defined as a place -type of General Residential on the Comprehensive Plan, but is bordered by an interstate highway nd adjacent to both Urban and Community Mixed -Use place- types. Although the overlying designation suggests an ideal ensity of 1 -6 units per acre, the slightly higher density of 8 units per acre allowed within an R -5 district would be consistent with �ansitioning between busy highway corridors and more the more established residential neighborhoods in NorthChase. 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? he tract is currently split -zoned by an O &I, office & institutional, district and an R -15, residential district. However, the only ccess is through the NorthChase neighborhood streets - which is not convenient for the commercial uses customarily eveloped in that zone. Rezoning the entire tract to R -5 for a higher density, but 100% residential, development would Itimately create less vehicular trip generation than many of the alternative uses allowed in the current district. 4. How will this change of zoning serve the public interest? The Comprehensive Plan promotes fostering sustainable growth through sensible infill where adequate services are already available. Allowing increased density on this property will improve the form and function of an underutilized site, maximize land use efficiency, and is a good economic development opportunity. 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 zoning district 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. OgvL � A Wo-Gf- 08130119 CYNTHIA A WOLF Signature of Petitioner and /or Property Owner Print Name Board of Comr}►i opgfp� March 9, 2020 ITEICA: 16- 7 - 3 04/14 NEW HANOVER COUNTY ti a ;J PLANNING & LAND USE — o AUTHORITY FOR APPOINTMENT OF AGENT Print Form 230 Govermnent 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 pennit, 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 RAIFORD G TRASK, JR REV TRUST CHANDLER DR Company Owner Name 2 City, State, Zip DESIGN SOLUTIONS RAIFORD G TRASK, JR - TRUSTEE WILMINGTON, INC 28411 Address Address Parcel ID PO BOX 7221 6336 OLEANDER DR, STE 1 323007.67.5839 City, State, Zip City, State, Zip WILMINGTON, INC 28406 WILMINGTON, NC 28403 Phone Phone 910 -620 -2374 910- 799 -8755 Email Email CWOLF @LOBODEMAR.BIZ MADISON @TRASKLANDCO.COM Application Tracking Information (Staff Only) Case Number Reference: Date/Time received: Received by: This document was willfully executed on the day of RL,�tt I , 20 J Owner Signature 09/14 R -15 n/f Daniel Webster Trask Revocable Trust etal D.B. 6026 -2780 h� h Zoning: PD / Land Use: Vacant MN --s O "0 C CY J C N 47 °46'44" E 1 -140 / U.S. Hwy 17 Bypass N 49 °43'34" E 533.81' AY W S,38 °22' Regency Manor 56 Section 4 57 58 MB 34/249 mount V�ay a Graphic Scale 50 100 Board of Commissioners - March 9, 2020 S V 10 -35 ac -± (Public R /W) N 50 °56'26" E 47.45' 1 12.35' N 50 °56'23" E 293.48' R= 2673.88' L= 231.65' N 56°59'10" E CH- '231.58' 1� IS �' n/f Land, /91 LLC etal D.B. 5699 -1709 General Notes: 1. New Hanover County Parcel No.: PIN 323007.67.5839 [PID 2600- 003 - 010 -000] 2. Total Tract Area: 10.35 ac.± 3. Existing Zoning District: R -15 & 0&1 w/ S.H.O.D. over U.S. Hwy. 17 Bypass 4. CAMA Plan Land Classification: Limited Transition 5. Comprehensive Plan Place- types: Community Mixed -Use & General Residential 6. This property is not within a Special Flood Hazard Zone as evidenced on FEMA Map 3720323000K dated August 28, 2018. Rezoning Boundary Exhibit Property of Raiford G. Trask, Jr. Revocable Trust Cape Fear Township / New Hanover County / North Carolina Legal Description for Rezoning Beginning at a point located North 38 022'42" East, 30.26 feet from a point at the end of the northeastern boundary of Chandler Drive (NC S.R. 2640), a fifty -foot (50') public right -of -way; said right -of -way shown on a plat entitled "Regency Manor — Section 4," and recorded among the land records of the New Hanover County Registry in Map Book 34, at Page 249; said point also being the westernmost corner of Lot 61 on that plat; and running thence from the point of beginning: North 19 026'38" East, 558.19 feet to a point in the southeastern right -of -way of Interstate 140, a public right -of -way; thence with that boundary, North 47 046'44" East, 75.72 feet to a point; thence North 49 043'34" East, 533.81 feet to a point; thence North 51 007'48" East, 47.45 feet to a point; thence North 50 056'26" East, 12.35 feet to a point; thence North 50 056'23" East, 293.48 feet to a point; thence Along a curve to the right, having a Radius of 2673.88 feet and Length of 231.65 feet, a Chord of North 56 059'10" East, 231.58 feet to a point; thence leaving the right -of -way, South 03 023'29" West, 362.77 feet to a point; thence South 38 044'42" West, 1163.65 feet to the point and place of beginning, containing 10.35 acres more or less. Board of Commissioners - March 9, 2020 ITEM: 16- 7 - 7 Ak r' f4� 4w . L.A 4WW� IL 1A Ap Ai TVA • Yf 71A tg$dt' t Boa a roh 9, NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 3/9/2020 Regular DEPARTMENT: Planning PRESENTER(S): Brad Schuler, Senior Planner CONTACT(S): Gideon Smith, Brad Schuler, Senior Planner, Wayne Clark, Planning and Land Use Director SUBJECT: Public Hearing Rezoning Request (Z19 -16) — Request by Gary Moore to Rezone Approximately 1.56 Acres of Land Located at 7824 Myrtle Grove Road and 6751 Carolina Beach Road from R -15, Residential District, to (CZD) O &I, Office and Institutional District, in Order to Develop a Recreational Vehicle and Boat Storage Lot BRIEF SUMMARY: SUMMARY OF APPEAL: At their December 5, 2019 meeting, the Planning Board recommended denial of this application (5 -0) citing concerns about the hours of operation, environmental impacts from the wash -down area, the number of trees needed to be removed to accommodate the construction of the facility, and that the subject property would be more suitable for a residential development rather than the proposed use. In response to the Planning Board's concerns, the applicant has agreed to conditions to save the approximately 30" Live Oak tree adjacent to Carolina Beach Road and limit the hours of operation to 6:00 AM to 9:00 PM, seven days a week. In addition, the applicant has modified the conceptual plan by removing the wash -down area and increasing the size of the four stormwater management areas. CASE SUMMARY: The applicant is proposing to rezone approximately 1.56 acres from R -15 to (CZD) 0 &1 for an outdoor boat /RV storage lot with a maximum of 51 parking spaces. The proposed storage lot will be fenced with an automated gate with 24 -hour video surveillance, allowing it to be a self -serve business for customers to drop off or pick up their vehicles during the facility's hours of operation. The applicant has agreed to place a condition on this proposal by limiting the hours of operation to 6:00 AM to 9:00 PM, seven days a week. The proposed use is classified as a recreational vehicle and boat trailer storage lot, which restricts the applicant from constructing any sort of overhead covering structure and prohibits any repair, maintenance, or habitation of any recreational vehicle or boat stored on the subject property. In addition, the landscaping provisions in the Zoning Ordinance require a fully opaque buffer between commercial and residential uses. Currently, there are three single - family dwellings on the properties immediately north of the subject site and the applicant will be required to provide a minimum 20 -foot buffer along this property line. Likewise, a minimum 20 -foot buffer is required along the southern property line because it shares a common boundary with a residential zoning district. All lights must be shielded in a manner so that light from the fixture does not directly radiate into adjacent property. No structures are currently proposed for the subject site, however, if at some point in the future a building is proposed, all applicable 0 &1 zoning district building setbacks and landscaping buffers must be met. Because no building is shown Board of Commissioners - March 9, 2020 ITEM: 17 on the conceptual plan, if one was ever proposed, the Zoning Ordinance requires that degree of modification to be processed under the same review procedure as the original Conditional Zoning District, including Planning Board and Board of Commissioners consideration. The conceptual plan shows that the traffic will enter the subject site via a proposed driveway on the eastern side of Carolina Beach Road (U.S. HWY 421) and exit via a proposed driveway on the western side of Myrtle Grove Road (SR 1492). Per trip generation data provided by NCDOT, the proposed boat /RV storage lot is estimated to generate 7 trips in both the AM and PM peak hours. Because the proposed use does not meet the 100 peak hour trips threshold to require a TIA to analyze the traffic impacts, staff has provided the volume to capacity ratio for Carolina Beach Road and Myrtle Grove Road near the subject site. While volume to capacity ratio, based on average daily trips, can provide a general idea of the function of adjacent roadways, the delay vehicles take in seconds to pass through intersections is generally considered a more effective measure when determining the Level of Service of a roadway. However, the available volume to capacity data indicates capacity currently exists in this area to support the expected additional traffic. When a TIA is not required, improvements may still be required when any proposed use is reviewed by NCDOT during the driveway permitting process. The proposal is not expected to substantively increase the average daily trips on both Carolina Beach and Myrtle Grove Road. However, based upon the proposed one -way travel within the facility, customer traffic traveling from the north to the subject site may have to U -turn at the intersection of Carolina Beach and Myrtle Grove Road or some point further south to enter the site from the northbound lanes of Carolina Beach Road. This movement could create complications with large vehicles or trailers slowing to enter the subject site. Based upon NCDOT's preliminary comments, the proposed gate will need to be at least 50 feet from the Right -of -Way, which will allow large recreational vehicles or vehicles towing trailers to fully exit the travel lane on Carolina Beach Road when waiting on the gate to open. The subject property is located in an area designated as Community Mixed Use because of the opportunity for a community -level commercial service node at the Myrtle Grove Road /Carolina Beach Road intersection, building on the convenience store and fueling station already there and providing a transition to existing residential neighborhoods. While the boat /RV storage use is not specifically addressed in the Comprehensive Plan, the proposed storage lot would provide a service to nearby residents and could be an appropriate transition between higher intensity commercial services at the intersection and the adjacent residential properties. The proposed RV and boat storage lot is generally CONSISTENT with the 2016 Comprehensive Plan because it is an appropriate service to be located in close proximity to the potential commercial node at the intersection of Myrtle Grove Road and Carolina Beach Road and existing residential neighborhoods. The Planning Board considered this application at their December 5, 2019 meeting. Two members of the public spoke during the hearing citing concerns about the hours of operation, associated noise, and that the use was not appropriate next to residential areas. Board members expressed concerns about the hours of operation, environmental impacts from the wash -down area, the one -way travel movement from Carolina Beach Road through to Myrtle Grove Road, the number of trees needed to be removed to accommodate the construction of the facility, and that the subject property would be more suitable for a residential development rather than the proposed use. The Planning Board recommended denial of the application (5 -0), finding it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is an appropriate service to be located in close proximity to the potential commercial node at the intersection of Carolina Beach and Myrtle Grove Roads and existing residential neighborhoods. The Board found DENIAL of the rezoning request is reasonable and in the public interest because the Board of Commissioners - March 9, 2020 ITEM: 17 proposal is not consistent with the desired character of the surrounding community and will adversely impact the adjacent neighborhoods. The applicant elected to appeal the Planning Board's recommendation to the Board of Commissioners. In response to the Planning Board's concerns, the applicant has agreed to conditions to save the approximately 30" Live Oak tree adjacent to Carolina Beach Road and limit the hours of operation to 6:00 AM to 9:00 PM, seven days a week. In addition, the applicant has modified the conceptual plan by removing the wash -down area and increasing the size of the four stormwater management areas. RECOMMENDED MOTION AND REQUESTED ACTIONS: The proposal is generally consistent with the Comprehensive Plan because the proposed boat /RV storage lot would provide a service to nearby residents that generates relatively low traffic volumes and could be an appropriate transition between higher intensity commercial services at the intersection of Carolina Beach and Myrtle Grove Roads and the adjacent residential properties. In addition, it is located in an area designated as Community Mixed Use because of the opportunity for a community - level commercial service node at the Carolina Beach and Myrtle Grove Roads intersection, building on the convenience store and fueling station already there and providing a transition to existing residential neighborhoods. Following the Planning Board meeting, the applicant indicated that in addition to the condition to save the approximately 30" Live Oak tree adjacent to Carolina Beach Road and incorporate it into the site design, he is willing to limit the hours of operation to 6:00 AM to 9:00 PM, seven days a week, and has modified the conceptual plan to remove the wash -down area and enlarge the stormwater areas to address the Planning Board's concerns. Therefore, Staff recommends approval of this application. EXAMPLE MOTIONS Motion for Approval I move to APPROVE the proposed rezoning to a (CZD) 0 &1 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is an appropriate service to be located in close proximity to the potential commercial node at the intersection of Carolina Beach and Myrtle Grove Roads and existing residential neighborhoods. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would provide services to the nearby residents, minimize the visual impact of the business by providing additional landscaping and buffering, and serve as an appropriate transition between higher intensity commercial services at the intersection and the adjacent residential properties. [Optional] Note any conditions to be added to the district: 1. The property owner shall retain the approximately 30" Live Oak tree adjacent to Carolina Beach Road and incorporate it into the site design. 2. The hours of operation shall be limited to 6:00 AM to 9:00 PM, seven days a week. Motion for Denial I move to DENY the proposed rezoning to a (CZD) 0 &1 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is an appropriate service to be located in close proximity to the potential commercial node at the intersection of Carolina Beach and Myrtle Grove Roads and existing residential neighborhoods, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and will adversely impact the adjacent Board of Commissioners - March 9, 2020 ITEM: 17 neighborhoods. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as presented by staff to include the noted conditions. COMMISSIONERS' ACTIONS: Denied 4 -0. Board of Commissioners - March 9, 2020 ITEM: 17 SCRIPT for Conditional Zoning District Application (Z19 -16) Request by Gary Moore to rezone approximately 1.56 acres of land located at 7824 Myrtle Grove Road and 6751 Carolina Beach Road from R -15, Residential District, to (CZD) O &I, Office and Institutional District, in order to develop a recreational vehicle and boat storage lot. 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. 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 approval or denial of the rezoning request is reasonable and in the public interest. Example Motions: Motion for Approval I move to APPROVE the proposed rezoning to a (CZD) 0&1 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is an appropriate service to be located in close proximity to the potential commercial node at the intersection of Carolina Beach and Myrtle Grove Roads and existing residential neighborhoods. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would provide services to the nearby residents, minimize the visual impact of the business by providing additional landscaping and buffering, and serve as an appropriate transition between higher intensity commercial services at the intersection and the adjacent residential properties. [Optional] Note any conditions to be added to the district: 1. The property owner shall retain the approximately 30" Live Oak tree adjacent to Carolina Beach Road and incorporate it into the site design. 2. The hours of operation shall be limited to 6:00 AM to 9:00 PM, seven days a week. Motion for Denial I move to DENY the proposed rezoning to a (CZD) 0&1 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is an appropriate service to be located in close proximity to the potential commercial node at the intersection of Carolina Beach and Myrtle Grove Roads and existing residential neighborhoods, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and will adversely impact the adjacent neighborhoods. Alternative Motion for Approval /Denial: I move to [Approve /Deny] the proposed rezoning of the subject property included in this application to (CZD) 0&1 district to allow for outdoor boat /RV storage. I find it to be [Consistent /Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] I also find [Approval /Denial] of the rezoning request is reasonable and in the public interest because [insert reasons] [List Conditions] STAFF REPORT FOR Z19 -16 CONDITIONAL ZONING DISTRICT APPLICATION APPLICATION SUMMARY Case Number: Z19 -16 Request: Zoning Map amendment to rezone 1.56 acres from R -15 to (CZD) 0&1 to allow outdoor boat/RV storage Applicant: Property Owner(s): Gary Moore Gary W. Moore Jr. & Falon M Location: Acreage: 7800 block of Myrtle Grove Road; 1.56 6700 block of Carolina Beach Road Automobile Service Station (Circle K), Single- family PID(s): Comp Plan Place Type: R08200- 002 - 073 -000 Community Mixed Use Existing Land Use: Proposed Land Use: Undeveloped The property would be allowed to be used as Undeveloped Land, Repair Services (Lumsden Welding), an outdoor boat/RV storage lot Current Zoning: Proposed Zoning: R -15 (CZD) 0&1 SURROUNDING AREA LAND USE ZONING North Single- family Residential R -15, R -10 East Single- family Residential (Tidalwalk), Intracoastal R -15 Waterway South Automobile Service Station (Circle K), Single- family R -15 Residential (Old Chimney), Undeveloped Land Mobile Home Park (Oceanway; Carolina Pines), West Undeveloped Land, Repair Services (Lumsden Welding), R -15, 1 -2 Telecommunication Tower Z19 -16 Staff Report BOC 3.9.2020 Board of Commissioners - March 9, 2020 ITEM: 17- 2 - 1 Page 1 of 9 Aerial �I ' � 1 ^' .. )� cc /�milk,.'d!� # it '�5 ;•' "�4 �. ..fir roe .T�r�r ZONING HISTORY April 7, 1971 Initially zoned R -15 (Area 4) COMMUNITY SERVICES Water /Sewer water and sewer are available through CFPUA. Specific design will be Historic determined during site plan review. Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire District, New Hanover County Station Federal Point Schools Anderson Elementary, Codington Elementary, Murray Middle, and Ashley High School. This use will not impact NHC Schools. Recreation Veterans Park, Monterey Heights Park, and Snows Cut Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources ZONING CONSIDERATIONS • The applicant is proposing to rezone approximately 1.56 acres from R -15 to (CZD) 0&1 for an outdoor boat/RV storage lot with a maximum of 51 parking spaces. • The proposed storage lot will be fenced with an automated gate with 24 -hour video surveillance, allowing it to be a self -serve business for customers to drop off or pick up their vehicles during the facility's hours of operation. The applicant has agreed to place a condition on this proposal by limiting the hours of operation to 6:00 AM to 9:00 PM, seven days a week. Z19 -16 Staff Report BOC 3.9.2020 Board of Commissioners - March 9, 2020 ITEM: 17- 2 - 2 Page 2 of 9 GV L30 Boat /RV F12r,',Ide, ing spaces are 33' Tong, Stormwater Live Oak tree Parking Spaces ing Spaces ryL---- 20' Buffer — �y 77 77 \7 7,77 ----------- X 777- - 7 i � a 1> is - ►W.t3tfUU4t� C) 0 I 20' Buffer rma5n M•� j Q- I i' � 4p n oy0 �l flF O O fl.. 21 Boat /RV ' n � Parking Spaces ye o fjt 0 n Q- Above: Applicant's Original Conceptual Plan with Staff Markups Below: Applicant's March 2020 Conceptual Plan with Staff Markups Approx. location of 30" y goat /RV F12r,',Ide, ing spaces are 33' Tong, Stormwater Live Oak tree Parking Spaces and at a 60' angle Management Areas 20' Buffer — �y 77 77 \7 7,77 ----------- X 777- - 7 i � a 1> is Q 0 I 20' Buffer rma5n M•� j Q- I i' � 4p oy0 �l 24 4; Boat /RV O fl.. Parking Spaces • The proposed use is classified as a recreational vehicle and boat trailer storage lot, which restricts the applicant from constructing any sort of overhead covering structure and prohibits any repair, maintenance, or habitation of any recreational vehicle or boat stored on the subject property. • In addition, the landscaping provisions in the Zoning Ordinance require a fully opaque buffer between commercial and residential uses. Currently, there are three single - family dwellings on the properties immediately north of the subject site and the applicant will be required to provide a minimum 20 -foot buffer along this property line. Likewise, a minimum 20 -foot buffer is required along the southern property line because it shares a common boundary with a residential zoning district. Z19 -16 Staff Report BOC 3.9.2020 Page 3 of 9 Board of Commissioners - March 9, 2020 ITEM: 17- 2 - 3 Below: Existing Land Use in Vicinity of the Subject Site 1 Immaculate Conception Catholic Church Cypress Village HID SUP (37 SFR) Telecom. Tower/ Welding Shop Sanctuary of Wilmin Q A k PT Z19-16 , r Carolina Pines+, °= ( -46 lots) Circle K Tidalwater Plantation ( -88 lots) .-rPOINT Egret Point ( -21 lots) Tidalwalk (-191 lots] Ocean-way Mobile Home Park ( -32 lots)k (CZD) 0&I Boat/RV Storage • All lights must be shielded in a manner so that light from the fixture does not directly radiate into adjacent property. • No structures are currently proposed for the subject site, however, if at some point in the future a building is proposed, all applicable 0&1 zoning district building setbacks and landscaping buffers must be met. Because no building is shown on the conceptual plan, if one was ever proposed, the Zoning Ordinance requires that degree of modification to be processed under the same review procedure as the original Conditional Zoning District, including Planning Board and Board of Commissioners consideration. TRANSPORTATION • The conceptual plan shows that the traffic will enter the subject site via a proposed driveway on the eastern side of Carolina Beach Road (U.S. HWY 421 ) and exit via a proposed driveway on the western side of Myrtle Grove Road (SR 1492). • Per trip generation data provided by NCDOT, the proposed boat/RV storage lot is estimated to generate 7 trips in both the AM and PM peak hours. Because the proposed use does not meet the 100 peak hour trips threshold to require a TIA to analyze the traffic impacts, staff has provided the volume to capacity ratio for Carolina Beach Road and Myrtle Grove Road near the subject site. • While volume to capacity ratio, based on average daily trips, can provide a general idea of the function of adjacent roadways, the delay vehicles take in seconds to pass Z19 -16 Staff Report BOC 3.9.2020 Page 4 of 9 Board of Commissioners - March 9, 2020 ITEM: 17- 2 - 4 through intersections is generally considered a more effective measure when determining the Level of Service of a roadway. However, the available volume to capacity data indicates capacity currently exists in this area to support the expected additional traffic. Traffic Counts — 2018 Road Location Volume Capacity V/C Carolina Beach Road 6700 Block (north of 35,789 40,900 0.88 Myrtle Grove Road) Carolina Beach Road 6800 Block (south of 33,512 40,400 0.83 Myrtle Grove Road) Myrtle Grove Road 7900 Block (east of 4,985 16,200 0.31 Carolina Beach Road) • When a TIA is not required, improvements may still be required when any proposed use is reviewed by NCDOT during the driveway permitting process. The proposal is not expected to substantively increase the average daily trips on both Carolina Beach and Myrtle Grove Road. However, based upon the proposed one -way travel within the facility, customer traffic traveling from the north to the subject site will have to U -turn at the intersection of Carolina Beach and Myrtle Grove Road or some point further south to enter the site from the northbound lanes of Carolina Beach Road. This movement could create complications with large vehicles or trailers slowing to enter the subject site. • Based upon NCDOT's preliminary comments, the proposed gate will need to be at least 50 feet from the Right -of -Way, which will allow large recreation vehicles or vehicles towing trailers to fully exit the travel lane on Carolina Beach Road when waiting on the gate to open. Z19 -16 Staff Report BOC 3.9.2020 Board of Commissioners - March 9, 2020 ITEM: 17- 2 - 5 Page 5of9 A1__..L.. Dl----.J __J T-99:_ I........a A....1.,.... 1 Mile Radiusl 7Y` f f z - ��gExlO* 16HNS.CRE 0 EK O F V G - SUMMER HOEAWAY- ___ EGRET P.01K7 ��� .�cr EDGEWATER MHP BURTON �1 1111111111111111111 . 1 tea! IV1� GALA VY._ ICP., 1.9..14PING -��i Il► + 0 0.225 0.45 lI 1. - i I�Is • X1111 : ■11■ m .. �=Mmlm ■E-11 01 — __ I i Nearby Traffic Impact Analyses: There are no pending or approved Traffic Impact Analyses within the proximity of the subject property that are anticipated to affect this requested modification. IQ1WIXOR'I JAI 4` III IF_\ • The subject property is not within a Special Flood Hazard Area (SFHA) and does not contain any Natural Heritage Areas. • The subject property lies within the White Oak watershed and drains to the Intracoastal Waterway (SA; HWQ). • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class I (Suitable /slight limitation), Class II (Moderate limitation), and Class III (severe limitations) soils. However, sewer services will be provided by CFPUA. Z19 -16 Staff Report BOC 3.9.2020 Page 6 of 9 Board of Commissioners - March 9, 2020 ITEM: 17- 2 - 6 2016 COMPREHENSIVE LAND USE PLAN 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. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. Future Land Use Map Place Type Community Mixed Use Focuses on small - scale, compact, mixed use development patterns that serve Place Type all modes of travel and act as an attractor for county residents and visitors. Description Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi - family and single - family residential. The subject property fronts both Myrtle Grove Rd. and Carolina Beach Rd. just north of where they intersect and approximately one -mile south of the commercial node at Halyburton Parkway and Masonboro Commons. It is located in an area designated as Community Mixed Use because of the opportunity for a community -level commercial service node at the Myrtle Grove Rd./Carolina Beach Rd. intersection, building on the convenience Analysis store and fueling station already there and providing a transition to existing residential neighborhoods. While this use is not specifically addressed in the Comprehensive Plan, the proposed storage lot would provide a service to nearby residents and could be an appropriate transition between higher intensity commercial services at the intersection and the adjacent residential properties. Z19 -16 Staff Report BOC 3.9.2020 Board of Commissioners - March 9, 2020 ITEM: 17- 2 - 7 Page 7 of 9 The proposed RV and boat storage lot is generally CONSISTENT with the Consistency 2016 Comprehensive Plan because it is an appropriate service to be Recommendation located in close proximity to the potential commercial node at the intersection of Myrtle Grove Rd. and Carolina Beach Rd. and existing residential neighborhoods. PLANNING BOARD ACTION The Planning Board considered this application at their December 5, 2019 meeting. Two members of the public spoke during the hearing citing concerns about the hours of operation, associated noise, and that the use was not appropriate next to residential areas. Board members expressed concerns about the hours of operation, environmental impacts from the wash -down area, the one -way travel movement from Carolina Beach Road through to Myrtle Grove Road, the number of trees needed to be removed to accommodate the construction of the facility, and that the subject property would be more suitable for a residential development rather than the proposed use. The Planning Board recommended denial of the application (5 -0), finding it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is an appropriate service to be located in close proximity to the potential commercial node at the intersection of Carolina Beach and Myrtle Grove Roads and existing residential neighborhoods. The Board found DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and will adversely impact the adjacent neighborhoods. The applicant elected to appeal the Planning Board's recommendation to the Board of Commissioners. In response to the Planning Board's concerns, the applicant has agreed to conditions to save the approximately 30" Live Oak tree adjacent to Carolina Beach Road and limit the hours of operation to 6:00 AM to 9:00 PM, seven days a week. In addition, the applicant has modified the conceptual plan by removing the wash -down area and increasing the size of the four stormwater management areas. STAFF RECOMMENDATION The proposal is generally consistent with the Comprehensive Plan because the proposed boat /RV storage lot would provide a service to nearby residents that generates relatively low traffic volumes and could be an appropriate transition between higher intensity commercial services at the intersection of Carolina Beach and Myrtle Grove Roads and the adjacent residential properties. In addition, it is located in an area designated as Community Mixed Use because of the opportunity for a community -level commercial service node at the Carolina Beach and Myrtle Grove Roads intersection, building on the convenience store and fueling station already there and providing a transition to existing residential neighborhoods. Z19 -16 Staff Report BOC 3.9.2020 Board of Commissioners - March 9, 2020 ITEM: 17- 2 - 8 Page 8 of 9 Following the Planning Board meeting, the applicant indicated that in addition to the condition to save the approximately 30" Live Oak tree adjacent to Carolina Beach Road and incorporate it into the site design, he is willing to limit the hours of operation to 6:00 AM to 9:00 PM, seven days a week, and has modified the conceptual plan to remove the wash -down area and enlarge the stormwater areas to address the Planning Board's concerns. Therefore, Staff recommends approval of this application. EXAMPLE MOTIONS Motion for Approval I move to APPROVE the proposed rezoning to a (CZD) 0&1 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is an appropriate service to be located in close proximity to the potential commercial node at the intersection of Carolina Beach and Myrtle Grove Roads and existing residential neighborhoods. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would provide services to the nearby residents, minimize the visual impact of the business by providing additional landscaping and buffering, and serve as an appropriate transition between higher intensity commercial services at the intersection and the adjacent residential properties. Staff, with agreement of the applicant, included the following conditions: 1 . The property owner shall retain the approximately 30" Live Oak tree adjacent to Carolina Beach Road and incorporate it into the site design. 2. The hours of operation shall be limited to 6:00 AM to 9:00 PM, seven days a week. Motion for Denial I move to DENY the proposed rezoning to a (CZD) 0&1 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is an appropriate service to be located in close proximity to the potential commercial node at the intersection of Carolina Beach and Myrtle Grove Roads and existing residential neighborhoods, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and will adversely impact the adjacent neighborhoods. Z19 -16 Staff Report BOC 3.9.2020 Board of Commissioners - March 9, 2020 ITEM: 17- 2 - 9 Page 9 of 9 Case: Site Address: Z19 -16 6700 block Carolina Beach Rd n�0 z � q R -15 Existing Zoning /Use: R -15/ Undeveloped 500 Board of Commi si n Feet I IT RA R =10 W-S Subject Site - March 9, 2020 Proposed Use /Zoning: (CZD) 0 &I/ Boat /RV Storage N m Water Sewer Zoning Districts A -1 EDZD ■ PD E R -20S SC AR 1 -1 R -10 ❑ R -7 B -1 E 1 -2 R -15 RA B -2 0&1 R -20 ■ RFMU ® Indicates Conditional Use District (CUD) Indicates Conditional Zoning District (CZD) 60 See Section 55.1 of the Zoning Ordinance FIncorporated Areas 1 .SHOD Case: Site Address; Existing Zoning /Use: Proposed Use /Zoning: Z19 -16 6700 block R -15/ (CZD) 0&11 Carolina Beach Rd Undeveloped Boat /RV Storage N �aGEWATERMHP,RD ti— BURTON -LN- m G b W-SEAVIEWRD ©Jk &SEAVIEWRD CsR` Subject Site.���`�` a COMMUNITY z GENERAL- MIXED_USE RESIDENTIAL TT BONFIREOR CUPOLA•DR�r Place Types COMMERCE ZONE EMPLOYMENT CENTER GENERAL RESIDENTIAL CONSERVATION URBAN MIXED USE COMMUNITY MIXED USE 500 Board of Commi si n rs - March 9, 2020 RURAL RESIDENTIAL Feet 1 CONSERVATION --7 ��-3 � I I I Case: Site Address: Z19 -16 6700 block Carolina Beach Rd Existing Zoning /Use: R -15/ Undeveloped --° 728 720 77 6 �2 756 748 *736 724 P67 780 *784 768.760•j40 • 716a 712 © 725 708 781 .769 765 757 745 737 . 719 711 777 000.0•'•'••• 733 71� 707 rt 773 761 753 749 6736 6740 -6740 X674! 6740 6 740 6740 6740 f • 6740* 6740 • •• • , •• 6740 674 6740 6740 *6740 6 740 6740, 6740 6740 • `744 • 6740 ~6740• 6740 (6740 6740 • 1 0 6740 6746 6740 —�• • 67406740 6740 6740 • 1 6740! 6740 6740 -6748 - 6748 • 6748_ • + 6751 6748 • 6748 6748 •6748 • 6748 � 6748 648 6748 • • 6755 6748 • 6748 • 6748 6748 6748 6748 •6748 6748 6748 • • t 6748 •67:8 0 0 6748 0 6748 6748 6748 6752 0 7 • 6748 6748 6748 6748 6748 6750 • 6762 6760 6800 • LN • 109 —1403 106 • � • 213 217 221 22 —101 102 • • • • 212 210 W SEAVIEW RD 7 0 • 2141 218 • Subject Site I 7804 r 7816 • 14 � 0 ti 941 929 `0, 33i • — 937 948 925 824 921 \ •f / � • 932* 940 � • 956 9A3. 917 • 924 909 • 905 *908 •916 1 0 21 i '900 1 813 CU 1 • , **80�5• • 817 �• 801 809 POLA DR • • 6801 • Proposed Use /Zoning: (CZD) O &I/ Boat /RV Storage P & a v R -15 i XIN' l Site - 0 — 7724 • • O &1 / O��¢� 302 E SEAVIEW RD 7805 • 500 f Board of Commi sioners - March 9, 2020 17- Feet ❑ Parcels within 500 feet 1 1-1 �-" F , �-3 r--F APPLICANT MATERIALS Board of Commissioners - March 9, 2020 ITEM: 17- 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 pla n ningdevelo pment.nhcg ov.cam CONDITIONAL ZONING DISTRICT Application Applicant /Agent Information Name Gary Moore Address 4004 Oleander Dr Suite 102 City, State, Zip Wilmington, NC 28403 Phone 910.279.6584 Email chjp@hanoverpartnersnc.com Subject Property Information Address /Location 7824 Myrtle Grove Road Wilmington, NC 28409 Parcel Identification Number(s) R08200- 002 - 073 -000 Total 1.568 Existing Zoning and Use(s) R -15 Residential Future Land Use Classification 081 Office and Institutional Case lv {umb er 1R— l� Properly Owner(s) If different than Applicant /Agent Owner Name Owner Name 2 Address City, State, Zip Phone Email Date/Time received: (114110, q ikeCeived by: Page 3 of 7 Board of Commissioners - (Msdit*p2Ming District Application Updated 5/2017 ITEM: 17- 7 - 1 Proposed Zoning, Uses), & Narrative Office and Institutional 1.565 Proposed Conditional Zoning District: Total Acreage of Proposed District: Only uses allowed by right in the corresponding General Use District are eligible for consideration 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). The zoning of the subject property currently allows for the development and building of residential structures. Under the prc posbU -50— difionaf%e=zoning -fife applicant would- ii d -td ae -elop NH`open -aif Ufi-66 erdd 6f 65-f6 P boat and recl=ea-tidnai vehicle storage. The proposed use would allow for approximately 50 spaces for neighbors and members of the co unit to keep their boats and recreational vehicles. 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. Enhanced landscaping and buffering on all sides. Opaque fencing on all sides &ihe prop"e "rfy. "- The% is a large live oak at the front of the property_ that will be retained. Page 4 of 7 Board of Commissioners - lillwd1#0 ing District Application — Updated 5/2017 ITEM: 17- 7 - 2 Traffic Impad Please provide the estimated number of trips generated for the proposed use(s) based off the most recent version of the Institute of Transportation Engineers (ITE) Trip Generation Manual. ATraffic 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. 420 ITE Land Use: 151 Trip Generation Use and Variable (gross floor area, dwelling units, etc.): 4 10 AM Peak Hour Trips: PM Peak Hour Trips: CONSIDERATION OF A CONDITIONAL ZONING DISTRICT The Conditional Zoning District procedure is established to address situations where a particular land use would be consistentwith the New Hanover County Land Use Plan andthe 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) The subject property has been identified as a Community Mixed Use zone in the latest version of the Future Land Use Plan for New Hanover County. This project fits the description of this plan by mixing different types of zoning over an �[ea that.cfFer� a �lire�k?enefit to..membels of fhb .comm_unj�r, __ . -- _ _ The subject property directly fronts Carolina Beach Rd (Hwy 421) which is a major thoroughfare from Wilmington to Carolina Beach. 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 subject property is located with in the Community Mixed Use Zone on the Future Land Use Map, and fits well into the identified uses `I i the Community Mizell Use Zone. fihe §e use`s include but are not limited to an Office and Institutional desig nation. _Addition aIN the Future Land Use Comprehensive Plan in Community Mixed Use - classifications call for focuses on small - scale, compact, mixed use development patterns that serve multimodal travel and act as an .attractor -for county.. residents and visitors 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 subject property is located on this section of Carolina Beach Rd (Hwy 421) was historically a residential area that served as access for residents and visitors to Carolina and Kure Beaches. In more recent times this area has become ,more commercialized as well as, heavily traveled and no longer serves as a desirable residential area based o_ n traffic volumes (31,500 per day) and road noise. Page 5 of 7 Board of Commissioners - 04arti ic(1,4MIng District Application — Updated 5/2017 ITEM: 17- 7 - 3 APPLICATION REQUIREMENTS Staff will use the following checklistto 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. 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). Cr s 3 Community meeting written summary. 0 4 4 Traffic impact analysis (for uses that generate more than 100 peak hour trips). 5 Legal description (by metes and bounds) or recorded survey Map Book and Page reference of the property requested for rezoning. S 6 Site Plan including the following element • Tract boundaries and total area, location of adjoining parcels and roads. • Proposed use of land, structures and other improvements. For residential uses, this shail inciude 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 61� 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). 7 1 hard copy of ALL documents AND 8 hard copies of the site plan. Additional hard ��copies may be required by staff depending on the size of the document site Ian. 8 1 PDF digital copy of ALL documents AND plans. Page 6 of 7 Board of Commissioners - Gftmli 0dl020iing District Application — Updated 5/2017 ITEM: 17- 7 - 4 I ACKNOWLEDGEMENT AND SIGNATURES I By my signature below, 1 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. Acton my behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of this aD ication. n A of Property Owner(s) Print Names) Signat of Applicant /Agent Print itiame 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 websile will be required. i NiY. �1 r, a Page 7 of 7 Board of Commissioners - 04vditic da2aing District Application — Updated 5/2017 ITEM: 17- 7 - 5 Legal Description Location 6751 Carolina Beach Road Wilmington, NC 28409 Proposed Zoning From R -15 Residential to 0&1 Office and Institutional Applicant Gary Moore A certain parcel or tract of land in Federal Point Township, New Hanover County, North Carolina fronting on the easterly side of Carolina Beach Road (US Highway 421) about 300 fee northerly from the intersection of Carolina Beach Road with the Myrtle Grove Road (S.R. No 11481, said tract being bounded on the north by the property of Clarence Riggs Jr. recorded in Deed Book 2527 at Page 682 and the property of Richard CIA. Cook, Jr and Carolyn H. Cook recorded in Deed Book 2301 at Page 816, bounded n the east by Myrtle Grove Road, and bounded on the south by the property of Edna Coleman recorded in Deed Book 590 at Page 41, and being a portion of the property of the Virginia G. Smith Limited Family Partnership described in Deed Book 2687 at Page 239 in the New Hanover County Registry, being more particularly described as follows: Beginning at an iron pipe located in the western boundary of Myrtle Grove Road, the southeastern corner of the parcel herein described, said iron pipe being located the following three (3) calls from an iron stake located at the intersection of the southern boundary of Seaview Road (S.R. No. 1564) and the eastern boundary of Myrtle Grove Road, said iron stake being the northwest corner of lot number 52 of the subdivision of Claude Murray recorded in Map Book 5 at Page 88, 1) Thence S 56 degrees 11'40" W 246.96 feet to an iron rod located in the eastern boundary of Myrtle Grove Road, Southwest corner of Lot no. 52 of the Claude Murray Subdivision; 2) Thence S 56 degrees 24'03" W 452.28 feet to an iron rod in the eastern boundary of Myrtle Grove Road; 3) Thence N 83 degrees 49'20" W 94.19 feet to an iron pipe, the point of beginning; Board of Commissioners - March 9, 2020 ITEM: 17- 7 - 6 Thence from the point of beginning N 83 degrees 30" 09" W 469.05 feet with a common line with Coleman to an iron rod in the eastern boundary of Carolina Beach Road; Thence with the highway boundary N 05 degrees 02'07" W 124.41 feet to an iron pipe; Thence leaving said highway with a common line with Riggs S 83 degrees 45'08" E 300.14 feet to an iron pipe; Thence with a common line with cook S 83 degrees 38'11" E 341.98 feet to an iron pipe in the western boundary of Myrtle Grove Road; Thence with said road boundary S 56 degrees 34'31" W 193.23 feet to the point of beginning, containing 68,349 square feet or 1.57 acres, more or less. Board of Commissioners - March 9, 2020 ITEM: 17- 7 - 7 Summary of Community Meeting For Conditional Rezoning Location 6751 Carolina Beach Road Wilmington, NC 28409 Proposed Zoning From R -15 Residential to 0&1 Office and Institutional Applicant Gary Moore The undersigned hereby certifies that written notice of a community meeting un Lhe above zoning application was given to property owners within 500' (five hundred feet) of the subject property, set forth on the attached list, by U.S. Mail. This notice was also provided to the Planning Department on September 30, 2019. A copy of the written notice is also attached to this application. The meeting was held at the following time and location. October 15, 2019 from 5:30pm to 6:45pm at Pelican Snoballs, located at 3704 Carolina Beach Road Wilmington NC 28412. The persons in attendance at the meeting were: Tom Landrey - 210 Seaview Road Wilmington NC 28409 Penny Landrey - 210 Seaview Road Wilmington NC 28409 John Ward - 7906 Myrtle Grove Road Wilmington NC 28409 Richard Cook - 7814 &7816 Myrtle Grove Road Wilmington NC 28409 Rebecca Fullwood - 210 Seaview Road Wilmington NC 28409 A brief introduction was made explaining the proposed re- zoning from R -15 residential to 0&1 office and institutional. During the introduction the development of an open air outdoor boat Board of Commissioners - March 9, 2020 ITEM: 17- 7 - 8 and recreational vehicle storage facility was explained along with several large color renderings and a site plan. The following topics were discussed following the introduction: I. Water quality was discussed at length in regards to current wells that are in proximity to the subject property. The applicant explained that there are not currently any plans to introduce foreign or hazardous substances to the property, and that with the current design plan there would not be any significant construction to cause water quality issues. 2. Safety and security were also discussed. The applicant explained that the property would be fenced with an automated gate, and that the property would have twenty -four hour surveillance. 3. A question was asked about who the projected customer base maybe. The applicant explained that anyone who found the business appealing could be a potential customer. The applicant also explained that the business was being established to service customers whom may not be allowed to keep a boat or recreational vehicle at their home, as well has customers whom may live out of town and choose to keep their property closer to the water yet in a secure location. 4. One attendee asked if the spaces with -in the facility would ever be sold individually. The applicant explained that at this time and in the foreseeable future, that there are no plans to sale individual spaces. During this time the price point at which the spaces would be leased was discussed. It was explained that a final price structure had not been decided upon, but it would likely be between sixty to one - hundred dollars per month for each space. 5. Vehicle noise and hours of operation were discussed. The applicant explained that through the development process, that adequate set backs would be used, and that as much vegetation as possible would be retained in an effort to keep noise to a minimum. The applicant also explained that the facility would be a self -serve type of business and that customers would be allowed to either drop off or retrieve their property at their own convenience. 6. One attendee asked about possible traffic impacts. The applicant explained that traffic impacts would be minimal and that there would not be enough of an increase in traffic for residents of the surrounding notice a change. The applicant also explained that the facility will be designed with a one way drive, Board of Commissioners - March 9, 2020 ITEM: 17- 7 - 9 eliminating any opportunity for customers to make left hand turns across on coming traffic. 7 Drainage and storm water run -off was a topic of concern for several neighbors. The applicant explained that the subject property will be designed with Filtration Basins on each corner to capture storm water run -off. The applicant also explained that only the center driveway for the facility would be paved to help keep stormwater run -off to a minimum. 8. One neighbor asked if the prosed project would affect the residential nature of the area, and how it would affect home values. The applicant explained that the facility would be fronted on Carolina Beach Road, which is not as residential as in the past. It was also explained that the facility would be a benefit to the community and is much less "Invasive" than other potential uses. Because of these factors it is of the belief of the applicant that home values would not be negatively affected. Board of Commissioners - March 9, 2020 ITEM: 17- 7 - 10 Development Schedule Location 6751 Carolina Beach Road Wilmington, NC 28409 Proposed Zoning From R -15 Residential to 0&1 Office and Institutional Applicant Gary Moore There are no plans for proposed phasing. The project will be completed in a single phase once approved for conditional re- zoning. 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Ln W a ❑ Ln l/S 1 U = J �ld °�° O O ccc O Q m F=- ❑ !M - ❑ _ LNL 1 p Z Q Ln g a i Q LU Q J m �- Q Ln H M Z w oc J Z z a Ln rr or O Z Z M❑ U D_z =W�a 0ao 00 w W¢a�m V)z =Sz= Ln C a L, z U V a J c 2 Z Z z 1� -j 0 Ln J H U J o! W Y W❑ r O in a Ln G W O °C W Q C J Ln o W Oz J a = W aWC U = L U W W W W Ln Ln aG 0_ J Ln 'C (J Z Ln Ln 0 to � Ln ❑ U W ac n 0 O O O 0 00 0 w O m O¢ o�-c ° Q Q Q LZ Q j w w he Q U a F- V U U o0 2 Z U (7 �.0 2 am a _= nC U m m Ln m Board of Commissioners - March 9, 2020 ITEM: 17- 7 - 12 00 00 00 00 N 00 00 U 00 00 00 00 N N N N N N Z N N N N U U U n U U= U U U U Z z Z U Z Z U z Z Z Z 0 0 0 z O O m 0 0 0 0 a z z _z O z z z z z z z `z O g O O O O O O O O 0 0 0 0 0 0 0 cl qv tt It �� q* IRt RT Rt Rt "t RT qT tt 00 00 00 00 00 OQ DD 00 00 00 Da O 00 DD 00 00 N N N N N N N fV N N N U U U U U U U U U U U U U U U U Z z z Z Z z Z Z z z z z z z Z z z z z z z z z z z z z z z z z z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 z Z z z Z Z Z z Z Z z Z Z Z Z _z J J J J J J J J J J J J J J J J ❑ oc x p Oc _ U x Q � Z W W U W d' x J �l z O_ > CC 0= Cr K K w ca Q ❑ U W CC Q ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ CO Z Z J Z_ Q Y W J J J J J J d J J Q Y Y J J J J a a a a a W a a a a s a a a¢ a a z o a_ LU a° g a a a= v z o Q a o o n} o 0 0 o o a o o n o o o Cr Ln M o P N O U n H H H F F- H U U 193, �q a) O rA M M N, -i M Ln O M N R* Ln �l Ln rq w w r. r- M w M n Ln N O O N O O N O O w r4 M N O R* N N O" O a i M O A N LO Ln a7 M 0 N [D ,-I 01 M M r` M M M w M M w M M M M M w M CD Lu J a W a cu W Q a z ¢ O N w❑ ❑ - z ❑ v, W W Za < z J W Z In Q O a O W W= W Y uj U CO J= ❑ oc w M p a Q U W ¢ v Q Q z p J z U Q z ;; p U U W 0❑ Z J z< W u O- p¢� iL W N w¢? x a a g Ne Q Q J z 14 Q W o a 3 Y W F W J m❑ J Z _❑ �. Y ❑❑ W J V1 Z W 0 Z x Q Z x �. �. W❑ z= OC w CU cc > Ln ❑ Q O Q, Q O W z Q W Z ❑ Z Z Q M C~ m❑ ❑ W Z Q Q 1 Z CA ¢ ° Q =oo > x�� O-WQ ��aC) z °QQ� r ,,, ,c C a '' a LL= vZ_f a LL w W Lu Cr w a C� Ln z p z z J of J an W La,.l C J U m a Q Cr Z J 0- m Z c C Z u❑ Q W W CL Z H J K m Z w O' -1 CL ❑ Z C O W❑ � CO m z u- to U z Q a V) i (D 2 Z Z H H UU O UU z j C7 Board of Commissioners - March 9, 2020 ITEM: 17- 7 - 13 PROPOSED SITE PLAN Board of Commissioners - March 9, 2020 ITEM: 17- 8 - 1 Board of Commissioners - March 9, 2020 ITEM: 17- 8 - 2 I II I I I � I � I 1 b � 1 I I II � I O M.F. CANADY DIVISION I DB. 2527 PG. 682 TAX PARCEL ID # Ro82oo - 002 - 038 -000 ZONING: R -15 I USE: RESIDENTIAL 11 d RICHARD AUSTIN COOK, Jr. II D TAX PARCEL ID # Ro8200 -002 -0 39 -000 I ZONING: R -15 1 USE: RESIDENTIAL / II / 1 2o'BUFFER �O I-/ (� STORMWATER I o � �o y MANAGEMENT o / d AREA J 27 1p I STORMWATER 4� / MANAGEMENT / 12 AREA 1 ONE WAY cv ONE WAY ✓ / / N � cv 100Lp / U� co / C� O r- �1 1 I STORMWATER I2, MANAGEMENT 24 1 AREA J - �9 1 d �4 25 20 BUFFER STORMWATER MANAGEMENT AREA SS4� 11 100, / / 'rjA I , / 1 EDNA COLEMAN STRICKLAND REVOCABLE TRUST / / / / P 1 DB. 5401 PG. 2411 O I ' TAX PARCEL ID # Ro8200- 002 -041 -000 b I ZONING: R -15 \ / I USE: RESIDENTIAL / / / O� / \ I /� 5 / ►�-+ I - - - - / /�� / 2 03 I TIDALWALK SUBDIVISION PHASE VIII & REPLATTING 1 / / / MB. 58 PG. 45 / PORTIONS OF PHASE I # I JOHN A. WARD et al / / I CIRCLE K STORES INC / ZONING: R -15 ' DB. 5366 PG. 180 DB. 4967 PG. 2843 / /¢\ / / + MN� USE: RESIDENTIAL I TAX PARCEL ID # Ro82oo -002- 242 -001 / TAX PARCEL ID # Ro8200- 002 -042 -000 � 202 \ I, "0/ / / �1 I / TIDALWALK SUBDIVISION Designer's Plan Certification: "I hereby certify that this plan has been prepared in accordance with the latest New Hanover County Ordinances and Storm Water Design Manual." Signature: Printed Name and Title: Date: Registration Number: SEAL Property Owner Certification: "I (We) hereby certify that I (we) am (are) the current owner of the property and that upon receipt of "Authorization -To- Construct" any clearing, grading, construction or development, will be performed in accordance with this plan and that the applicable ordinances and rules of New Hanover County, the State of North Carolina and the Federal Government and its agencies which are hereby made part of this plan. As the owner, I (we) accept full responsibility for the construction and operation and maintenance of the proposed facilities. I (We) will not attempt to transfer of this responsibility without written authorization of New Hanover County." Signature: Printed Name and Title: Date: Board of Commissioners - March 9, 2020 ITEM: 17- 9 - 1 DEVELOPMENT NOTES: 1. ALL DEVELOPMENT SHALL BE IN ACCORDANCE WITH NEW HANOVER COUNTY ZONING ORDINANCE. 2. PROJECT SHALL COMPLY WITH ALL FEDERAL, STATE & NEW HANOVER COUNTY REGULATIONS. SURVEY NOTES: 1. THIS LOT IS LOCATED IN ZONE X AS PER FIRM MAP #37203132oo K, DATED: AUGUST 28, 2018. 2. EXISTING SURVEYING PERFORMED BY VERNON DEREK DANFORD, N.C. PLS No. L -4528• UTILITY NOTES: 1. EXISTING WATER AND SANITARY SEWER SERVICES ARE CURRENTLY AVAILABLE TO THE SITE FROM CAPE FEAR PUBLIC UTILITY AUTHORITY PUBLIC MAINS. 2. ALL PROPOSED UTILITY SERVICES, SUCH AS ELECTRIC POWER, CATV, GAS & TELEPHONE SHALL BE INSTALLED UNDERGROUND. 3. ALL WATER & SEWER UTILITIES TO BE INSTALLED PER CFPUA TECHNICAL SPECIFICATIONS & STANDARDS. 4. ANY BACKFLOW PREVENTION DEVICES REQUIRED BY THE CFPUA WILL NEED TO BE ON THE LIST OF APPROVED DEVICES BY USCFCCCHR OR ASSE. 5. IF CONTRACTOR DESIRES CFPUA WATER FOR CONSTRUCTION, HE SHALL APPLY IN ADVANCE FOR THIS SERVICE AND MUST PROVIDE A REDUCED PRESSURE ZONE (RPZ) BACKFLOW PREVENTION DEVICE ON THE DEVELOPER'S SIDE OF THE WATER METER BOX. 6. THE CONTRACTOR IS RESPONSIBLE FOR THE LOCATION AND PROTECTION OF EXISTING UTILITIES DURING CONSTRUCTION. CALL NC811 AT 811 OR 1- 800- 632-4949• CONTRACTOR IS RESPONSIBLE FOR THE REPAIR AND REPLACEMENT OF ANY UTILITIES, CURB & GUTTER, PAVEMENT, ETC. THAT MAY BE BE DAMAGED DURING CONSTRUCTION. DAMAGED ITEMS SHALL BE REPAIRED TO AT LEAST THE QUALITY OR WORKMANSHIP FOUND IN THE ORIGINAL ITEM. 7. THE BELLSOUTH CONTACT IS STEVE DAYVAULT, BUILDING INDUSTRY CONSULTANT, AT 910 -392- 8712. CONTACT HIM PRIOR TO STARTING THE PROJECT IN ORDER TO FACILITATE GOOD COMMUNICATION AND MAXIMUM FLEXIBILITY. 8. THE PROCESS FOR TELEPHONE CABLE PLACEMENT: * FINAL GRADE WILL NEED TO BE ESTABLISHED. * POWER WILL PLACE THEIR CABLE FIRST - APPROXIMATELY 3' DEEP. * BELLSOUTH & CABLE TV WILL THEN PLACE THEIR CABLE AT APPROXIMATELY 2' DEEP. 9. SOLID WASTE DISPOSAL IS BY CURBSIDE PICKUP. FIRE & SAFETY NOTES: 1. PARKING AND LANDSCAPING CANNOT BLOCK FIRE HYDRANTS. 2. ALL WEATHER ACCESS ROAD MUST BE MAINTAINED AROUND CONSTRUCTION SITE AT ALL TIMES. SITE DATA PARCEL ID: CURRENT ZONING: PROPOSED ZONING: PROJECT ADDRESS: CURRENT OWNER: TOTAL ACREAGE IN PROJECT BOUNDARY PROPOSED USE: PROPOSED ON -SITE IMPERVIOUS AREAS: PARKING AREA TOTAL PARKING REQUIRED: N/A PARKING LOT INTERIOR LANDSCAPING REQUIRED 35,238 S.F. * 8% PROVIDED Ro8200- 002 - 073 -000 R -15 O &I 6751 CAROLINA BEACH RD. & 7824 MYRTLE GROVE RD. WILMINGTON, NC 28409 GARY W. & FALON M. MOORE WILMINGTON, NC 28403 68,298 S.F. (1.57 AC.) BOAT STORAGE 35,238 S.F. 35,238 S.F. (51.6 %) 2,819 S.F. 2,910 S.F. C.B. ROAD STREETYARD: (124.41'- 25.1'= 99.31') REQUIRED: 18'X 99.31 LF 1,788 S.F. PROVIDED: 1,799 S.F. MYRTLE GROVE RD. STREETYARD: (193.23'- 25.6'= 167.63') REQUIRED: 9'X 167.63 LF 1,509 S.F. PROVIDED: 1,519 S.F. LEGEND — — — — PROPERTY LINE CHECKED: CDC ADJOINERS — — — — — — — — — — — — — — — SETBACKS SCALE: PARKING LOT LANDSCAPING PROJECT NUMBER: STREETYARD LANDSCAPING 30' 15' 0 30' 6o' Scale: 1 " =30' VICINITY MAP (NOT TO SCALE): MASONBORO Mry LOOP ROA v' PIKER RD. W� OLD MYRTLE F W N E GROVERD. ,fie S GOLDEN RD. a o� � o � SITE �ti4 ti O 1 U bD O •� WN �� 2� C� kf) u U 0C r p p N Lo 4 a �j E U Q H U a � z z C) � z �O \\ CIIII /� I I I I�111�� CLIENT INFORMATION: Gary Moore Wilmington, NC 28403 Phone: 910 - 279 -6584 DRAWN: JAE SHEET SIZE: 24X36 CHECKED: CDC DATE: 1/21/2020 APPROVED: CDC SCALE: 1" - 30' PROJECT NUMBER: 2019 -022 DRAWING NUMBER: C -1 2OF2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 3/9/2020 Regular DEPARTMENT: Planning PRESENTER(S): Brad Schuler, Senior Planner CONTACT(S): Brad Schuler; Wayne Clark, Planning & Land Use Director SUBJECT: Public Hearing Rezoning Request (Z20 -01) - Request by the Law Offices of Matthew A. Nichols on Behalf of Caroland Development, LLC as Receiver, to Rezone Approximately 2.75 Acres of Land Located at 216 Porters Neck Road from R -15, Residential District, to O &I, Office and Institutional District BRIEF SUMMARY: The applicant is proposing to rezone approximately 2.75 acres from R -15 to 0 &I. The site abuts the Oak Landing Shopping Center (Harris Teeter) and the Porter's Point subdivision in Porters Neck. According to the applicant, they intend to incorporate the site into the shopping center. The property is currently zoned R -15, which allows up to 7 dwelling units at a maximum density of 2.5 du /ac. The proposed 0 &1 district also allows for residential development at the same maximum density, however, the district is intended to primarily permit office and institutional related uses (like medical and professional offices, religious institutions, and schools). Traditional retail establishments and restaurants are prohibited in the 0 &1 district, and it is generally considered to be an appropriate transitional zoning district between commercial and residential development. Because this is a general map amendment and not a conditional rezoning, uses that would be allowed on the property are those allowed by right or by Special Use Permit in the 0 &1 district. A conceptual site plan is not included with this application, however, if approved, the development of the site must comply with the standards of the 0 &1 district and other applicable regulations, including buffering and stormwater standards. Access is provided to the subject property by Porters Neck Road. The applicant intends to incorporate the site into the Oak Landing Shopping Center and it is anticipated the site will share access with the center and also utilize the existing driveway connection to Porters Neck Road. A detached single - family dwelling typically generates about one trip during the PM peak hours. The trips generated from the proposed 0 &1 zoning of the property would vary based on the commercial use of the site. For reference, a general office development, based on a one -story building with a typical 25% building area, would generate about 35- 55 trips during the peak hours. A two story office building is estimated to generate about 70 -80 trips during the peak hours. The site is classified as Urban Mixed Use and is located within the Porters Neck Growth Node in the Comprehensive Plan. The proposed 0 &1 rezoning is generally CONSISTENT with the Urban Mixed Use Place type because it allows the types of office, civic, and residential uses recommended in the Comprehensive Plan and is identified as a typical zoning category in the Urban Mixed Use place type. The Planning Board considered this application at their February 6, 2020 meeting. No one from the public spoke in Board of Commissioners - March 9, 2020 ITEM: 18 support or in opposition to the request. The Planning Board recommended approval (6 -0) of the application, finding it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it allows the types of office, civic, and residential uses recommended in the Comprehensive Plan and is identified as a typical zoning category in the Urban Mixed Use place type. The Board also found that recommending APPROVAL of the rezoning request is reasonable and in the public interest because the proposal is immediately adjacent to existing commercial uses and will provide an appropriate transition to the adjacent residential neighborhoods. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends APPROVAL of the requested amendment as stated in the Planning Board action and suggests the following motion: I move to APPROVE the proposed rezoning to a 0&1 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it allows the types of office, civic, and residential uses recommended in the Comprehensive Plan and is identified as a typical zoning category in the Urban Mixed Use place type. I find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal is immediately adjacent to existing to existing commercial uses and will provide an appropriate transition to the adjacent residential neighborhoods. Alternative Motion for Denial I move to DENY the proposed rezoning to a 0&1 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it allows the types of office, civic, and residential uses recommended in the Comprehensive Plan and is identified as a typical zoning category in the Urban Mixed Use place type, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the intensity of the uses allowed within the proposed district will adversely impact the adjacent neighborhoods. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as presented by staff. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners - March 9, 2020 ITEM: 18 SCRIPT for Zoning Map Amendment Application (Z20 -01) Request by the Law Offices of Matthew A. Nichols on behalf of Caroland Development, LLC as receiver, to rezone approximately 2.75 acres of land located at 216 Porters Neck Road from R -15, Residential District, to O &I, Office and Institutional District. 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, as follows: a. Staff presentation b. Applicant's presentation (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. Applicant's rebuttal (up to 5 minutes) e. Opponent's rebuttal (up to 5 minutes) 3. Close the public hearing 4. Board discussion 5. 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 approval or denial of the rezoning request is reasonable and in the public interest. Example Motion of Approval I move to APPROVE the proposed rezoning to a 0&1 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it allows the types of office, civic, and residential uses recommended in the Comprehensive Plan and is identified as a typical zoning category in the Urban Mixed Use place type. I find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal is immediately adjacent to existing commercial uses and will provide an appropriate transition to the adjacent residential neighborhoods. Example Motion of Denial I move to DENY the proposed rezoning to a 0&1 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it allows the types of office, civic, and residential uses recommended in the Comprehensive Plan and is identified as a typical zoning category in the Urban Mixed Use place type, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the intensity of the uses allowed within the proposed district will adversely impact the adjacent neighborhoods. Board of Commissioners - March 9, 2020 ITEM: 18- 1 - 1 Alternative Motion for Approval /Denial: I move to [Approve /Deny] the proposed rezoning to a 0&1 district. I find it to be [Con sistent /lnconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] I also find [Approval /Denial] of the rezoning request is reasonable and in the public interest because [insert reasons] Board of Commissioners - March 9, 2020 ITEM: 18- 1 - 2 STAFF REPORT FOR Z20 -01 ZONING MAP AMENDMENT APPLICATION APPLICATION SUMMARY Case Number: Z20 -01 Request: Zoning Map amendment to rezone 2.75 acres from R -15 to 0&1 Applicant: Property Owner(s): Matt Nichols Caroland Development, LLC as receiver Location: Acreage: 216 Porters Neck Road 2.75 PID(s): Comp Plan Place Type: R03600- 005 - 002 -000 Urban Mixed Use Existing Land Use: Proposed Land Use: Undeveloped The property would be allowed to be developed in accordance with the 0&1 district Current Zoning: Proposed Zoning: R -15 O &1 SURROUNDING AREA LAND USE ZONING North Single - Family Residential R -15 East Single - Family Residential R -15 South Single - Family Residential R -15 West Oak Landing Shopping Center (Harris Teeter) O &I, B -1 Z20 -01 Staff Report BOC 3.9.2020 Board of Commissioners - March 9, 2020 ITEM: 18- 2 - 1 Page 1 of 11 lr; u Aerial k a o 1 • Jr V 01A y 1i.,4 Z 2 0 01 lq ML r t ZONING HISTORY July b, 1971 Initially zoned R -15 (Area 5) COMMUNITY SERVICES Water /Sewer Water and sewer services are available through CFPUA. Specific design Historic will be determined during site plan review. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Station Porters Neck Schools Blair Elementary, Holly Shelter Middle, 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 ZONING CONSIDERATIONS • The property is currently zoned R -15, Residential District. R -15 Zoning is primarily a residential zoning district, however, the Zoning Ordinance allows limited commercial uses via Special Use Permit (for example, government and emergency services, convenience stores and recreation establishments). Z20 -01 Staff Report BOC 3.9.2020 Page 2 of 11 Board of Commissioners - March 9, 2020 ITEM: 18- 2 - 2 • Under the R -15 performance residential standards, the property is allowed to be developed with up to 7 dwelling units at a maximum density of 2.5 dwelling units per acre (du/ac). • Because this is a general map amendment and not a conditional rezoning, uses that would be allowed on the property are those allowed by right or by Special Use Permit in the 0&1 district. A conceptual site plan is not included with this application, however, if approved, the development of the site must comply with the standards of the 0&1 district and other applicable regulations, including buffering and stormwater standards. Compliance with these provisions will be reviewed by the Technical Review Committee during the development review process. • Required setbacks and buffers for structures in the 0&1 district vary by building height and abutting use type. For non - residential structures abutting residential zoning and uses, the required side setback is the height of the structure multiplied by 2.75 and the rear setback is the height of the structure multiplied by 3.73. In addition, an opaque buffer is required between the nonresidential use and the abutting residentially zoned property of a distance equal to half the required setback and no less than 20 feet. Required Setbacks and Buffers z� for Typical One -Story Office ' .x Building(s) of 17 Feet in HeightT 0'Y'� 1 Bufferyards Side: 23.38' Rear: 31.71' `y NHC �. a I Building Setbacks Side: 46.75'� t Rear: 63.41, p` o • t r�% 'off, �r � - ° : �' � ►s t �' ;� 5 r • The proposed 0&1 district also allows for residential development at the same maximum density as R -15 at 2.5 du/ac, however, the district is intended to primarily permit office and institutional related uses (like medical and professional offices, religious institutions, and schools). Traditional retail establishments and restaurants are prohibited in the 0&1 district, and it is generally considered to be an appropriate transitional zoning district between commercial and residential development. Z20 -01 Staff Report BOC 3.9.2020 Board of Commissioners - March 9, 2020 ITEM: 18- 2 - 3 Page 3 of 11 • According to the applicant, they intend to incorporate the subject site into the adjacent Oak Landing Shopping Center, which contains a Harris Teeter grocery store. While the vast majority of the center is zoned B -1, an approximately 55 feet located on the eastern side of the property abutting the subject site is zoned 0&1. This strip of 0&1 was created as part of a rezoning application in 2004 with the intent of providing a transition to the adjacent residential zoning. < Y^ ' t Y" i r, f 00 Oak Landis Sh in pp g i1e Landing o F I(r ti Center —Zoned B -1' ^. o / r.�' w 01 /i IN Approximate 55 Foot Strip of O &I yy; �►�,r� �,:�_ oe Z20 -01 Staff Report BOC 3.9.2020 Page 4 of 11 Board of Commissioners - March 9, 2020 ITEM: 18- 2 - 4 R -15 O &1 Min Lot Size 15,000 sf 15,000 sf (Conventional) 10 uses w/ SUP (kennels, 29 uses w/ SUP (Bed convenience store, recreation and Breakfast Inn, establishments, residential high Nonresidential Uses kennels, and camping) density,) z 20 uses by -right (Golf z 40 uses by -right Courses, stables) (medical /professional offices, religious institutions, schools) Base Density 2.5 du/ac 2.5 du/ac (Performance Residential) (7 total units) (7 total units) Single- family, mobile Single- family, duplex, Permitted Housing Types home, duplex, townhome, multi - family townhomes, multi - family • According to the applicant, they intend to incorporate the subject site into the adjacent Oak Landing Shopping Center, which contains a Harris Teeter grocery store. While the vast majority of the center is zoned B -1, an approximately 55 feet located on the eastern side of the property abutting the subject site is zoned 0&1. This strip of 0&1 was created as part of a rezoning application in 2004 with the intent of providing a transition to the adjacent residential zoning. < Y^ ' t Y" i r, f 00 Oak Landis Sh in pp g i1e Landing o F I(r ti Center —Zoned B -1' ^. o / r.�' w 01 /i IN Approximate 55 Foot Strip of O &I yy; �►�,r� �,:�_ oe Z20 -01 Staff Report BOC 3.9.2020 Page 4 of 11 Board of Commissioners - March 9, 2020 ITEM: 18- 2 - 4 • The property is located in the Porters Neck community which is the major commercial node of the northern portion of the County, containing big box retailers (Wal -Mart and Lowes), grocery stores (Harris Teeter and Food Lion), restaurants (Cast Iron Kitchen, Slice of Life, Buffalo Wild Wings, etc.), and medical offices (Wilmington Health, Medac). Porters Neck Node ` �► j` �. ` r General Boundary of the Porters Neck Growth Node .' 66. q "� e�y�2�° as shown in the Comprehensive Plan Ow- E)J(ON � .. Subject �� '►�r Site Harris Zoning Districts Teeter kl7cuE� r � MZ20-01 IMillICZD B -2 _ r, k ✓ SCUD B -1 R -10 y4 {, WELLINGTON v "a ®CUD B -21 J 1 R -1 5 HEALTi -I ❑ L MCZD 9-1 L-1 R-20 TRANSPORTATION • As currently zoned, the subject site would be permitted a maximum of 7 dwelling units under the performance residential standards for the R -15 zoning district. A detached single - family dwelling typically generates about one trip during the PM peak hours. • The trips generated from the proposed 0&1 zoning of the property would vary based on the commercial use of the site. For reference, a general office development, based on a one -story building with a typical 25% building area, would generate about 35 -55 trips during the peak hours. A two story office building is estimated to generate about 70 -80 trips during the peak hours. Z20 -01 Staff Report BOC 3.9.2020 Board of Commissioners - March 9, 2020 ITEM: 18- 2 - 5 Page 5 of 11 Intensity Approx. Peak Hour Trips Existing Development: Undeveloped 0 AM / 0 PM Typical Development under 7single- family homes 5 AM / 7 PM Current Zoning: Typical Development under 30,000sf of general office 55 AM / 36 PM Proposed 0&1 Zoning: Z20 -01 Staff Report BOC 3.9.2020 Board of Commissioners - March 9, 2020 ITEM: 18- 2 - 5 Page 5 of 11 • Traffic impacts are analyzed at the time a development is proposed. Any use that increases the trips generated by 100 in the AM or PM peak hours will be required to conduct a Traffic Impact Analysis (TIA). Even if a TIA is not required, improvements may be required when any proposed use is reviewed by NCDOT during the driveway permitting process. • A recent TIA completed for a nearby proposed development, The Oaks at Murray Farms, studied the intersection of Porters Neck Road and Market Street. The TIA concluded that that intersection currently operates at an overall Level of Service (LOS) of D, and will continue to do so in 2023 when that project was projected to be completed. • Access is provided to the subject property by Porters Neck Road. The applicant intends to incorporate the site into the Oak Landing Shopping Center and it is anticipated the site will share access with the center and also utilize the existing driveway connection to Porters Neck Road. Oak Landing plv� •'`` Shopping Center r Al k; 0 tF rt E'• Ok i} 17i ilk +r _ • x j�� 1k �. Possible Shared It 1. u Access f XF 1 e jA AL . x Z20 -01 Staff Report BOC 3.9.2020 Page 6 of 11 Board of Commissioners - March 9, 2020 ITEM: 18- 2 - 6 Nearby Planned Transportation Improvements and Traffic Impact Analyses Traffic Impact Analyses Approved Under Review Under Draft NCDOT Project US 17 Exit Lanes 1 Mile Radius Z20 -01 �Q ' The Oaks at Murray Fa 77, ���� TIA Approved f, s s q_ O h Bailey Shoppes TIA Approved <5HHACKLEFORD Waterstone a TIA Approved �7i�G� MF r y �F� SPNDE&LING r!S L 1C3 =� -- - Ps" , STIP Project "� �P��� °�C'4 q U -4902D z Amberlieah Shores Phase II, 3 TIA Approved h STIP Project r J, — N1.1 � 25 � 0 0.25 0.5 BAYSHORE SQ���G Nearby NC STIP Projects: • STIP Project U -4751 (Militate Cutoff Extension) • Project to extend Military Cutoff from Market Street to 1 -140. • The project is currently under construction and is expected to be completed in late 2022 /early 2023. • The project will also install a sidewalk and multi -use path along the extension of Military Cutoff and the sections of Market Street included in the project. Z20 -01 Staff Report BOC 3.9.2020 Page 7 of 11 Board of Commissioners - March 9, 2020 ITEM: 18- 2 - 7 • STIP Project U -4902D (Market Street Median) • Project to install a center median and pedestrian accessways along Market Street from Middle Sound Loop Road to Marsh Oaks Drive. The pedestrian accessways will consist of a 10 -foot multi -use path on the eastern side of the street, and a 5- foot sidewalk on the western side of the street. • The project is currently under construction and is expected to be completed in late 2022 /early 2023. • NCDOT Proiect — Installation of an Additional Southbound Exit Lane on US -17 onto Market Street • The Board of Commissioners recently adopted a resolution to support the installation of an additional southbound exit lane at the US 17 /Market Street Interchange. The project is a candidate for funding through the State's High Impact Low Cost program. • While funding for this program is currently on hold due to NCDOT' s cash flow balance, NCDOT Division 3 has been requested to submit everything needed for the fund requests to the Board of Transportation so there is no delay when funding becomes available. Nearby Traffic Impact Analyses: Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards. Approved analyses must be re- examined by NCDOT if the proposed development is not completed by the build out date established within the TIA. Proposed Land Use /Intensity TIA Status Development 1. The Oaks at • 348 Multi - Family Housing • December 6, 2019 Murray Farm* • 58 Single - Family Housing • 2023 Build Out Year The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Installation of a second westbound right turn lane on Futch Creek Road at US 17, and revising the signal timing plan at that intersection. Nearby Proposed Developments included within the TIA: • Waterstone Development Status: Development pending rezoning approval. *The current proposed number of units being considered by the Board of Commissioners has been reduced since the TIA. The above figures reflect the density analyzed with the TIA. Z20 -01 Staff Report BOC 3.9.2020 Board of Commissioners - March 9, 2020 ITEM: 18- 2 - 8 Page 8 of 11 3. Amberleigh • 4,800 sf of Office • Approved November 3, Shores — Phase II • 6,600 sf of Shopping Center • Approved February 20, 2. Bailey Shoppes on • 1,200 sf of Fast Food 2018 Market Restaurant with Drive -Thru • Extension of an existing southbound left turn lane on Market Street at Marsh Oaks Drive. Nearby Proposed Developments included within the TIA: • None • 2018 Build Out Year has not been completed at this time. • 2,400 sf of High- Turnover Restaurant The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Installation of a southbound right -turn lane from Bump Along Road to Mendenhall Drive • Installation of a traffic signal at a future u -turn movement to be located approximately 800 feet south of Alexander Road Nearby Proposed Developments included within the TIA: • Aldi at Marsh Oaks • Amberleigh Shores Phase II Development Status: Initial site work has been completed, however, no structures have been constructed at this time. 3. Amberleigh • 151 Single - Family • Approved November 3, Shores — Phase II • 288 Apartments 2016 The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • 2023 Build Out Year The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Extension of an existing southbound left turn lane on Market Street at Marsh Oaks Drive. Nearby Proposed Developments included within the TIA: • None Development Status: The project is currently under construction. The roadway improvement has not been completed at this time. 4. Waterstone • 151 Single - Family • Approved June 18, 2015 Dwellings • 2020 Build Out Year The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Installation of a southbound right turn lane on Edgewater Club Road at the site's northern access. Nearby Proposed Developments included within the TIA: • Porters Neck Elementary Development Status: 98 lots have been platted at this time. The right turn lane has been installed. Z20 -01 Staff Report BOC 3.9.2020 Board of Commissioners - March 9, 2020 ITEM: 18- 2 - 9 Page 9 of 11 ENVIRONMENTAL • The property does not contain a Special Flood Hazard Area or Natural Heritage Areas. • The 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 of Class III (severe limitation) soils, however, the site is expected to be served by CFPUA water and sewer. 2016 COMPREHENSIVE LAND USE PLAN 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. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. Place Ty pes rp CD COMMUNITY MIXED USE & w a s p+�vrgraN �� pa�T �X � �+ tiY URBAN'MIXED USE QC7'n'�,a�'afi. �♦ ° ®�s GENERAL• RESIDENTIAL RED COCKAD NN f a. �h 'PS 'M .51 FRO 4�1 -€7 ..rs SHACk1.EfORD z ♦ *► ± i N' W: an•ver Co Future Land Use Map Place Type Urban Mixed Use (and 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. Z20 -01 Staff Report BOC 3.9.2020 Board of Commissioners - March 9, 2020 ITEM: 18- 2 - 10 Page 10 of 11 PLANNING BOARD ACTION The Planning Board considered this application at their February 6, 2020 meeting. No one from the public spoke in support or in opposition to the request. The Planning Board recommended approval of the application, finding it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it allows the types of office, civic, and residential uses recommended in the Comprehensive Plan and is identified as a typical zoning category in the Urban Mixed Use place type. The Board also found that recommending APPROVAL of the rezoning request is reasonable and in the public interest because the proposal is immediately adjacent to existing commercial uses and will provide an appropriate transition to the adjacent residential neighborhoods. STAFF RECOMMENDATION Staff concurs with the Planning Board's recommendation and recommends approval of the request. The proposal is generally consistent with the goals and objectives of the Comprehensive Plan, the Urban Mixed Use place type, and the Porters Neck Growth Node. The proposal will allow for potential uses that provide for the needs of adjacent residential neighborhoods and provide an orderly transition to the adjacent residential areas. Uses permitted in the 0&1 district would support the integration of uses and development patterns encouraged in the Comprehensive Plan. Z20 -01 Staff Report BOC 3.9.2020 Board of Commissioners - March 9, 2020 ITEM: 18- 2 - 11 Page 11 of 11 The subject site is located along Porters Neck Road near the intersection with Market Street. It is designated as an Urban Mixed Use place type, where a variety of higher intensity commercial services are intended, especially within a designated growth node like Porters Neck. Due to the property's location immediately adjacent to the Oak Landing Shopping Center to the northwest and Porters Pointe subdivision to the Analysis southeast, uses that provide for the needs of adjacent residential neighborhoods and provide an orderly transition to the adjacent residential areas would support the integration of uses and development patterns encouraged in the Comprehensive Plan. The requested 0&1 rezoning could allow for the types of commercial, civic, office, and residential uses that could be appropriate in this area, and 0&1 is one of the typical zoning categories identified for the Urban Mixed Use place type. The proposed 0&1 rezoning is generally CONSISTENT with the Urban Consistency Mixed Use Place type because it allows the types of office, civic, and Recommendation residential uses recommended in the Comprehensive Plan and is identified as a typical zoning category in the Urban Mixed Use place type. PLANNING BOARD ACTION The Planning Board considered this application at their February 6, 2020 meeting. No one from the public spoke in support or in opposition to the request. The Planning Board recommended approval of the application, finding it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it allows the types of office, civic, and residential uses recommended in the Comprehensive Plan and is identified as a typical zoning category in the Urban Mixed Use place type. The Board also found that recommending APPROVAL of the rezoning request is reasonable and in the public interest because the proposal is immediately adjacent to existing commercial uses and will provide an appropriate transition to the adjacent residential neighborhoods. STAFF RECOMMENDATION Staff concurs with the Planning Board's recommendation and recommends approval of the request. The proposal is generally consistent with the goals and objectives of the Comprehensive Plan, the Urban Mixed Use place type, and the Porters Neck Growth Node. The proposal will allow for potential uses that provide for the needs of adjacent residential neighborhoods and provide an orderly transition to the adjacent residential areas. Uses permitted in the 0&1 district would support the integration of uses and development patterns encouraged in the Comprehensive Plan. Z20 -01 Staff Report BOC 3.9.2020 Board of Commissioners - March 9, 2020 ITEM: 18- 2 - 11 Page 11 of 11 Case: Site Address: Existing Zoning /Use: Z20 -01 216 Porters Neck Rd R -15 /Mobile Home ♦I ♦ O &I' ♦ Subject Site , z �: Proposed Use/Zoning: 0 &1 N R -_15 �,'r ♦♦ Zoning Districts A -1 EDZD E PD R -20S SC r ♦ ♦ AR 1 -1 R -10 R -7 I O B -1 ■ 1 -2 R -15 RA I ♦♦ P ��P� B -2 0&1 R -20 ■ RFMU Indicates Conditional Use District (CUD) Indicates Conditional Zoning District (CZD) 1, 000 �SC ICOD See Section 55.1 of the Zoning Ordinance Feet Bo rd mi Sion -March 0 Qp incorporated Areas & SHOD Case: Site Address: Existing Zoning /Use: Proposed Use/Zoning: Z20 -01 216 Porters Neck Rd R -15 /Mobile Home 0 &1 N COMMUNITY �qa� Opp MIXED USE UGC z° r _ P URBAN ��rsw�tY MIXED �yo USE Subject Site 'S'UG. GENERAL RESIDENTIAL SypCKLE.F ,- Place Types COMMERCE ZONE EMPLOYMENT CENTER 4 4� GENERAL RESIDENTIAL O• URBAN MIXED USE COMMUNITY MIXED USE ��� SG�o � RURAL RESIDENTIAL Feet Bo rd mi sion - March 0 oQ�� �.$)r CONSERVATION M: 8- 4 - Case: Site Address: Z20 -01 216 Porters Neck Rd Existing Zoning /Use: R -15 /Mobile Home 8290 • 8286 • 208 2J 08\ 8262,,#208 8262 8262/2, 8262 8262 r 4y 5� 8254 8254 8262 8254 8254 8260 \8258 ~8258 204 f 1,000 Feet Subject Site ( �8z;9 ❑ vmrd h\ / 8312 x +• /205 203 • 207 ,204 1 � 217 0 213 a/ 301, 216 217 *221 � 1� 2 305 8271 8275 309 • 8263 8267 J8259,�8255 301 8247 ♦8251 313 239 30 dy 316 3j� ? 4 307 a8236 330 ti 21 �8227 , 6' 315 336 1153391 23 3� 342 335 331 364 � �380�3,7,6, 368 384 :372 March/g, Proposed Use/Zoning: 0&1 ■v g A r s -2 Site ♦ R -15 v ♦ �/ �C R -20 O &1 APPLICANT MATERIALS Board of Commissioners - March 9, 2020 ITEM: 18- 6 - 1 NEW HANOVER COUNTY PLANNING & LAND USE Application for ZONING MAP AMENDMENT J Print Form 230 Govcnu:cni Ccnter Drive Suite 110 Wilmington, NC 28 -103 910-798-7165 phone 910 -795 -7053 fax %"%%'X'.nllegoV.com Petitioner Information Property Owner(s) Subject Property If different than Petitioner \amc i Owner Name :address Caroland Development, LLC, as James A. Lanier, Jr. 216 Porters Neck Rd. Receiver for 216 Porters Neck Rd. Corti rany�PT Owner Name 2 � Parcel ID(s) I R0350Q -005- 002 -000 + Address Address i Area P.O. Box 481936 I P.O. Box 2552 ±2.75 acres City, State, 'lip City, State, Lip Existing Toning and Use Charlotte, NC 28269 -3731 Clarksburg, WV 26302 - R -15 Residential Phone.._._w Phone Proposed Zoning and Use (910) 508 -7476 (c/o Petitioners attorney Matthew A. Nichols) 0&1 - Office and Institutional i Emall i matt@mattnicholslaw.com Email , I.and Classification (Go Petitioners attorney Matthew A. Nichols) Urban Mixed Use Application Information / Case Number Dated imc receive(!: Received I1v; i ZZd -off to gs 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 arc requested to review the sections of the Zoning Ordina t:cc snccinc to zoning amendments prior to submission, and advised to contact Planning Staff with any questions. The following sections of the Zoning Ordinance pertain specifically to zoning arnendnient5: • Section 1 1 U: Amending the Ordinance • Section 11 I: Petitions • Section 1 12: 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 meting dates and application deadlines are published on the New Hanover County Planning wcbsite. Page I of 3 04i]4 Board of Commissioners - March 9, 2020 ITEM: 18- 7 - 1 APPLICATION RROUIREMENTS 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 Stag initial initial CRITERIA REQUIRED FOR APPROVAL OF A CHANGE OF ZONING Requests for general rezonings do not consider a particular land use but rather all of the uses permitted in the zoning district which is being requested for the subject property. Rezoning requests must be consistent with the New Hanover County Land Use Plan and the Zoning Ordinance, and the applicant has the burden of proving that the request is not consistent with the county's adopted land use plan, zoning ordinance, reasonable, and in the public's interest. The applicant should explain, with reference to attached plans (where applicable), how the proposed zoning district 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): I. How would the requested change be consistent with the County's Policies for Growth and Please see attached Exhibit W. Page Z oi3 Board of Commissioners - March 9, 2020 ITEM: 18- 7 - 2 04/14 2. How would the requested zone change be consistent with the property's classification on the Land Classification Map? Please see attached Exhibit "N'. 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is 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 zoning district 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. 1 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. Signature of Petitioner and/or Property Owner Page 3 of 3 04/14 Board of Commissioners - March 9, 2020 ITEM: 18- 7 - 3 NEW HANOVER COUNTY PLANNING & LAND USE A11TKORITu FOR APPOINTI!,✓IENT OF A GENT Print Form 230 Government Center Drive Suite 110 Wilmington, NC 28403 910 - 798 -7165 phone 910 -798 -7053 fax wR'w.1111 Cgo V. co nl Please note that for quasi- judicial proceedings, either the land owner or an attorney must be present for the cause at the public hearing. The undersigned applicant does hereby appoint an authorized the agent described herein as their exclusive agent for the purpose of petitioning New Ilanovcr 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 applicant: v I. Submit a proper petition and the required supplemental information and materials 2. Appeal at public meetings to give representation and commitments oat behalf of the applicant 3. Act on the applicant's behalf without limitations with regard to any and all thin -s directly or indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning Ordinance. Agent Information Applicant(s) Subject Properh' Manic 11'11 1" �: IIC CaroYa' dd' PLC Receiver address Matthew A. Nichols evelopment, as I 216 Porters Neck Rd, or_21.6P' _orlers_ ec_tc Rd Cump:uly Owner.Namc 2 City, State, 'lip Law Office of Matthew A. Nichols Wilmington, NC Address Address Parcel IU 3205 Randall Pkwy, Suite 104 P.O. Box 481936 R03600- 005 -002 -000 Cily, stote, 7.ip City, stale, Zip Wilmington, NC 28403 Charlotte, NC 28269 -3731 fl 1'honC 1'tlanc (910) 508 -7476 r !"mail //mail matt@mattnicholslaw.com Caw N11111ber Rcferclice: � DntCfrimC received: � Received by: This dOCUMellt was willfully executed on the I^ day of � y��" -j '20 Z ° 1 Applicant I Signature Applicant 2 Signature Board of Commissioners - March 9, 2020 ITEM: 18- 7 - 4 09/14 FILED CLERK OF SUPERIOR COURT NEW HANOVER COUNTY STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER at By BRANCH BANKING AND TRUST COMPANY, V. JAMES ALLEN LANIER, JR., .IAN — 6 2020 IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION am m I0-CVS -5001 Dep4s t CSC Plaintiff, Defendant. ORDER GRANTING .RECEIVER'S MOTION FOR ORDER AUTHORIZING PRIVATE SALE OF REAL PROPERTY THIS MATTER comes before the Court upon the Motion for Order Authorizing Private Sale of Real Property (the "Motion ") by CaroIand Development. LLC, the court- appointed Receiver (the "Receiver "), pursuant to the provisions of N.C. Gen. Stat. §§ 1-505 and 1-339.1 et seq. and the equitable power of the court. Based upon the Motion, the evidence presented and arguments of counsel, the Court shall authorize the sale of the receivership property and to pursue or delegate the authority to pursue the rezoning of the receivership property; now therefore, IT IS ORDERED, ADJUDGED AND DECREED that the Receiver shall be, and hereby is, authorized to sell the real property identified as a 2.70± acre parcel located at 216 Porters Neck Road, Wilmington, New Hanover County, North Carolina 28411 (the "Porters Neck Property ") acquired by Defendant pursuant to North Carolina General Warranty Deed recorded in Book 4369, Page 929 of the New Hanover County Registry to Short Acre, L,LC (the `Buyer ") for $450,000.00 pursuant to the Offer to Purchase and Contract attached hereto and incorporated as if set forth fully herein (the "Offer "); A TRUE COP 1 CLERK OF SUPERIOR COURT N EW HA SUPERIOR COUNTY WI3D (US) 48362544v1 Lent N. DOWY Clerk Board of Commissioners - March 9, 2020 ITEM: 18- 7 - 5 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Offer and the Receiver's authority to sell the Porters Neck Property shall be, and hereby is. subject to an upset bid upon the same terms and conditions and in the same manner as provided by N.C. Gen. Stat. §§ 1- 339.36 and 1- 339.25; IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Receiver is authorized to pursue or file to amend the zoning of the Porters Neck Property from its current zoning to O & I and to delegate, in its discretion, such authority to the Buyer, its delegate or to any authorized buyer, and that the entirety of the costs and expenses of this rezoning petition to the Receivership, including any and all attorney's fees and expenses of the Receiver, shall be borne exclusively by the Buyer or person or entity to whom such authority is delegated. W13D (US) 48362544 -1 0A Board of Commissioners - March 9, 2020 ITEM: 18- 7 - 6 1,0114-1 ZO Zia G ea Exhibit A to Zoning Map Amendment Application 216 Porters Neck Rd. Overview The Applicant is requesting to rezone the subject property located at 216 Porters Neck Road, which consists of approximately 2.75 acres, from R -15 Residential to 0&1 Office and Institutional District in order to incorporate the property into the adjacent Oak Landing Shopping Center ( "Oak Landing "). Oak Landing is a well - established and well- maintained commercial center developed with high - quality architecture and landscaping, offering area residents convenient access to a wide variety of goods, services and shopping options, including a grocery store and associated fuel station, a bank, pharmacy, dental office and several restaurant/retail units. -2. j Current Zoning. R -15 Residential adjacent to Q 0&1 Office & Institutional °yl ,w e.rwws...... ww.......r�an..ti 1rw_. wwrwMwww w(ti•w Ma «R W. Future Land Use Plan- Subject Property Urban Mixed Use located with Porters Neck Growth Node While most of Oak Landing is zoned B -1, the portion of the shopping center located adjacent to the subject property is zoned 0&1. This rezoning request will allow a Board of Commissioners - March 9, 2020 ITEM: 18- 7 - 7 continuation of that transition between B -1 zoning and uses and the Porters Pointe performance residential development to the east. As the subject property is located within and on the boundary of the Urban Mixed Use Placetype and within the Porters Neck Growth Node, the request 0&1 zoning district is more consistent with the Urban Mixed Use Placetype than the current R -15 zoning designation, and the requested rezoning will provide a transition consistent with the Placetypes and Growth Node in the vicinity. 1. How would the requested change be consistent with the County's Policies for Growth and Development? In addition to the foregoing, the requested rezoning will allow the development of the subject property in accordance with the Comprehensive Plan Future Land Use Map. The proposal, moreover, is consistent with many Comprehensive Plan Guidelines, including but not limited to the following: III.C.1 Encourage a mixture of uses that create opportunities for shared parking and setback requirements to serve the overall community. III.F.1 Encourage increased density in Urban Mixed Use areas within close proximity of City of Wilmington jurisdiction and Growth Nodes as identified on the Future Land Use Map (Porter's Neck /Kirkland, Monkey Junction, and 1 -40/1 -140 Interchange) in an effort to create densities that can support future infrastructure. VIII.D.2 Encourage /permit shared parking between compatible land uses to reduce development costs, impervious surfaces, and reduce /minimize access locations on roadways. VIII.E.2 Concentrate development in nodes and high growth areas depicted on the Future Land Use Map to ultimately produce densities that can support multi modal transportation and Transit Oriented Development. IX.D.2 Encourage infill development to maximize use of previously developed sites for highest and best use. XXI.A.1 Promote compact development and infill with a mix of integrated community uses (e.g. housing, shops, workplaces, schools, parks, and civic facilities) within walking or bicycling distance that minimizes vehicle trips and vehicle miles traveled. 2. How would the requested zone change be consistent with the property's classification on the Land Classification Map? Board of Commissioners - March 9, 2020 ITEM: 18- 7 - 8 As noted above, the subject property is designated by the Comprehensive Plan Future Land Use Placetype Map as Urban Mixed Use and is located within the Porters Neck Growth Node. The Urban Mixed Use Placetype is designed to promote a mixture of uses, including office and institutional. Incorporating the subject parcel into the existing high - quality commercial center is consistent with this designation. Low density residential R -15 is not the preferred zoning district designation or development framework in this placetype. While single - family residential is not prohibited, residential uses within the Urban Mixed Use Placetype are preferred to be moderate to high density. Furthermore, the subject property is located within the Porters Neck Growth Node, which weighs in favor of this rezoning request. The Comprehensive Plan states that "[g]rowth nodes are intended to be focus areas of development, encouraging high- density developments that promote pedestrian activity and alternative transportation options." (Chapter 4: Visualizing the Future, p. 10.) The requested 0&1 zoning district is a more appropriate zoning district in this location given the Comprehensive Plan placetype designation and the property's location with the Porter's Neck Growth Node. The subject rezoning request is entirely consistent with the subject property's location and classification under the County's Comprehensive Plan.0 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? Many changes have occurred within the Porters Neck area since the original zoning, including significant population growth and development throughout the area. Additionally, the adoption of the New Hanover County Comprehensive Plan and the designation of this area as Urban Mixed Use and a Growth Node is a major change. Based on the land use designation, the presence of the growth node and the configuration of the surrounding properties, the 0&1 District is a more appropriate zoning district than the R -15 District for this particular parcel, and the 0&1 District will provide a better transition along this section of Porters Neck Road than an R -15 development on this property. This rezoning will allow a better transition from the existing B -1 and 0&1 in the vicinity to the performance residential neighborhood to the east. Additionally, improvements to Porters Neck Road have already been installed to accommodate the existing commercial center, and the proposed rezoning will provide efficient access to the parcel as part of Oak Landing. 4. How will this change of zoning serve the public interest? The proposed rezoning meets many of the County's goals of the Comprehensive Plan and the Future Land Use Map. This rezoning request will provide an orderly transition between B -1, 0&1 and the performance residential development to the east, and this rezoning will help avoid a piecemeal development of this particular property and this section of Porters Neck Road. An expansion of the Oak Landing center will benefit this area and improve the function and aesthetic appeal of the shopping center. Board of Commissioners - March 9, 2020 ITEM: 18- 7 - 9 Additionally, this rezoning will provide the opportunity for an additional mix of uses at the shopping center, which provides shopping convenience and alternatives as well as employment opportunities for area residents in a cohesive development, which also promotes the reduction of single purpose automobile trips. Board of Commissioners - March 9, 2020 ITEM: 18- 7 - 10 3 a0 W �y ■ p�q�py 4m Q�s �2000M31N4971dItl9EWW� FOR RRE9EC AjTONCHEGISIER OF DEEDS NEW ►{gNOVER COUNTY , NC 2004 NN 16 1i :24,31 AM BK:4369 P9.929 -932 FEE:$20.00 NC RE��S� ��4�031749 iN�TU NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax_ P 1 dI entifier No. R036004 05- 002 -000 Verified by County on the day of , 20_ By: Ma"ox to: Calder & Calder This insftwnent was prepared by: Fuss & Fairley, Attorneys - without title examination Brief description for the Index: LT 2.70 ACRES + / -, JORDAN THIS DEED made this i5tday of 'Tn� , 20 n , by and between GRANTOR William R. Tayloe and wife, Patsy S. Tayloe AIL&I\NNIP�I James A. Lanier, Jr. 110 Buff Circle Wilmington, NC 28411 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall inchrde singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of Wilmington Township, New Hanover County, North Carolina and more particularly described as follows: SEE EXHIBIT "A" attached for Legal Description The property hereinabove described was acquired by Grantor by instrument recorded in Book 988 page 269 A map showing the above described property is recorded in Plat Book page NC Bar Association Form No. L-3 Ua 1976, Revised © 1977, 2002 Printed by Agreement with the NC Bar Association —1981 SoftPro Corporation, 333 E. Six Forks Rd., Raleigh, NC 27609 RETURN TO: CALDER & CALDER, ATTORNEYS Board of Commissioners - March 9, 2020 ITEM: 18- 7 - 11 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, other than the following exceptions: easements of record; 2004 ad valoremt taxes IN WTINESS W IBREOF, the Grantor has duly executed the foregoing as of the day and year first above written. (SEAL) (Entity Name) William R. Tayloe By: .Lau (SEAT.) Title: Patsy 9. Tayloe By: Title: By: Title: (SEAL) (SEAL) State of North Carolina - County of New Hanover I, the undersigned Notary Public of the County and State aforesaid, certify that William R. Tayloe and wife, Patsy S. Tayloe personally appeared before me this day and acknowledged the due execution of p foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stamp or seal this day of , 20-P. My Commission Expires: CZ �, DATT(,t•� I- ,a/ -JARy State of North Carolina - County of j I, the undersigned Notary Public of the Co personally came before me this day and acknowledg of a North Carolina or corpomtim4imited liability company /geatOpaorsbip/limited partnership (strike tbrough the inapplicable), and that by authority duly given and as the act of such entity, signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and Notarial stamp or seal, this day of 20 . My Commission Expires: Notary Public State of North Carolina - County of I, the undersigned Notary Public of the County and State aforesaid, certify that Witness my hand and Notarial stamp or seal, this day of My Commission Expires: 20 Notary Public The foregoing Certificates) of is/are certified to be correct This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof. Register of Deeds for County By: Deputy /Assistant - Register of Deeds NC Bar Association Form No. L-3 © 1976, Revised 0 1977, 2402 Printed by Agreement with the NC Bar Association - 1981 SoftPro Corporation, 333 E. Six Forks Rd., Raleigh, NC 27609 Board of Commissioners - March 9. 2020 ITEM: 18- 7 - 12 EXHIBIT A BEGINNING at a point in the Southern line of the Porter's Neck Road (N. C. Highway No. 1402), said point being South 42 degrees 58 minutes East 669.1 feet, from center of U. S. Highway No. 17; thence South 42 degrees 58 minutes East 195.3 feet to a point; thence South 44 degrees 54 minutes Kest 635.6 feet, more or leas, to a iron pipe, the North -- eastern most corner of Jordan Nixon's undivided 3 Acre tract; thence North 43 degrees 04 minutes west 195,3 feat to an iron pipe; thence North 44 degrees 59 minutes East 635.6 feet to an iron pipe, the point of beginning. The i same being 3 acres, more or less, and a portion of Lot No: 4 of the division of the lands of Jordan Nixon. LESS AND EXCEPTING: Beginning at a point located 49.21 feet sou&rA esterty of and normal to Survey Station 17 +80.Q00, Surrey Line Y -10; thence nodhwesterly in a straight line to the point of intersection vvith the Grantors new rrwestem property line, common with the southeastern property iine of Fred H. Garner, now or formerly; said line, d extended would intersect a point located 72.18 teet.southwestedy of and normal to Survey Station 16+80.000, Survey Line Y -10: thence rwwtheastedy along and with the Grantors nordwtvstem property line, if extended, Common with Fred H. Garner, now or formerly, to tine point of intersection with Survey Line Y -10; thence southeasterly along and with Survey Line Y -10 to the point of intersection with the Grantors sovtheastern property line, if extended, common vvith Herbert E. Parham, now or bnnedy; thence southwesterly along and with the Grantors southeastern property line if extended. common with Herbert E Parham, now or formerly to the point of intersection with the proposed right of way boundary of the project; said point being located between the following two points: the first point being located 30.00 feet southwestefty of and normal to Survey Station 16+05.000 Survey Line Y -10 and the second point being located 49.21 feet southuvestefty of and normal to Survey Station 17 +$0:,000, Survey Line Y -10; thence northwesterly in a straight line to the point of beginning. Board of Commissioners - March 9, 2020 ITEM: 18- 7 - 13 Il i� `_1 Ilk REBECCA T. CHRISTIAN REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 * k* k• k** k**f rYt*### ie* k*** k**#*###** kk*+ t# k****** k*# 3* 7r#*## k* 7M***# 7ktMl 1F#**# frk**' kinF#' MR* Vnl ir# f!*k*#! k#* k #! *1nt##*#*�Mkkftk# #**ktk�klk** Filed For Registration: Book: Document No.: NC REAL ESTATE EXCISE TAX: Recorder: 06/16/2004 11:24:37 AM RE 4369 Page: 929 -932 2004031749 DEED 4 PGS $20.00 $400.00 LIESEL WARD kkYRY1tfFYnFfR+ R* YYYr####*# k***** iM#* f!#*+ hF# fC#* k*****#+ Rk# 1rf rN# k# kkYrk* kVe!* f#*####**##, Hr!' kkfF#*# inY!* k** irir# *k# #**#k**k*#k #+WY *intkinFYt### State of North Carolina, County of New Hanover The foregoing certificate of ERIC D DATTLER Notary is certified to be correct. This 16TH of June 2004 REBECCA T. CHRISTIAN, REGISTER OF DEEDS By:t Deputy /Amsfatarr! Register of Deeds #* k### k*# YnYkk# k*# kk* k1 k**• M*******#*k*#*### k* kM* thtk# k# 1tYr# kkk* kVr# kk** k* kf##*#### k#*### 1tk# ktlr ** *# * #k# * *** ***k *kk * *#*k** *** #* YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT. PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE- RECORDING. *2004031749* 2004031749 Board of Commissioners - March 9, 2020 ITEM: 18- 7 - 14 Home Property Records WIC Tax Home Profile PARID: R03600- 005- 002 -000 LANIER JAMES A JR Sales Residential Commercial Misc. Improvements Permits Land Values Agricultural Sketch Full Legal Exemptions Sub - parcel(s) Info Original Parcel Info Parcel Map Re". ter of Deeds a Board of Commissioners - March 9, 2020 ITEM: 18- 7 - 15 CONTACT US 9.. a� O-1 . c, r A? r. ` \ 0 1�00�200ft Board of Commissioners - March 9, 2020 ITEM: 18- 7 - 15 CONTACT US L�. +�cri G U (C3 CIO ITEM: 1 N U O 0 m S 3 m Z B O O tn 0 N C O � O U Z c c o C, O U O y` 0 S 3 m 0 o Z N N 0 N O � L O U 'O Cl) < N Y N Y � C m a � N N O J N N � U U Q mi 7 O N U N � �- O N L NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 3/9/2020 Regular DEPARTMENT: Planning PRESENTER(S): Wayne Clark, Director CONTACT(S): Brad Schuler, Senior Planner; Wayne Clark, Planning & Land Use Director SUBJECT: Public Hearing Rezoning Request (Z20 -02) - Request by New Hanover County to Rezone Approximately 15.86 Acres of Land Located at 3101 Castle Hayne Road from R -20, Residential District, and B -1, Business District, to R -10, Residential District BRIEF SUMMARY: New Hanover County is requesting to rezone County -owned property from R -20 and B -1 to R -10. The site is located at 3101 Castle Hayne Road in the Wrightsboro community and consists of 15.86 acres. The majority of this property is proposed to be conveyed to Habitat for Humanity for a workforce housing subdivision. The remainder of the site (approximately 1.5 acres) will be retained for development of a future fire station. A request for authorization to convey most of the site for workforce housing is also scheduled for Board consideration on this agenda. The property is currently split zoned, with approximately 13.76 acres zoned R -20 and 2.1 acres zoned B -1. Under the performance residential standards, the portion of the property currently zoned R -20 would allow up to 26 dwelling units at a maximum density of 1.9 dwelling units per acre. The portion of the property zoned B -1 would allow for the development of traditional commercial uses like restaurants, offices, and retail establishments. At approximately 2.1 acres, it is estimated that the portion of the property zoned B -1 could support about 20,000 square feet of commercial related uses based on a typical 25% building area. Residential uses require a Special Use Permit in the B -1 district. Under the proposed R -10 district, this property would be permitted up to 52 dwelling units at maximum density of 3.3 dwelling units per acre. Because this is a general map amendment, uses that would be allowed on the property are those allowed by right or by Special Use Permit in the R -10 district. If approved, the development of the site must comply with the standards of the R -10 district and other applicable regulations, including buffering and stormwater standards. Compliance with these provisions will be reviewed by the Technical Review Committee during the development review process. Access is provided to the subject property by Castle Hayne Road (NC 133). It is anticipated the driveway connection for a residential development would align at the intersection of Castle Hayne Road and Old Mill Road. A detached single - family dwelling typically generates about one trip during the PM peak hours. The trips generated from the B -1 portion of the property would vary based on the commercial use of the site. For general reference, a 20,000 square foot shopping /strip center or comparable development would generate an estimated 100 trips in the AM peak and 62 trips in the PM peak. As a result, the cumulative impact of the proposed rezoning is expected to reduce the number of trips generated from development of the site. Board of Commissioners - March 9, 2020 ITEM: 19 The site is classified as Community Mixed Use and General Residential in the Comprehensive Plan. The proposed R -10 rezoning is generally CONSISTENT with the Comprehensive Plan's intent of providing an orderly transition of residential densities from higher intensity to lower intensity areas and provides for the provision of workforce housing on the site. The Planning Board considered this application at the February 6, 2020 meeting. One member of the public spoke in support of the proposal. Four others had questions and concerns regarding property value and traffic impacts and inquired about the location and availability of sewer infrastructure if it is extended to the site along Old Mill Road. The Planning Board recommended approval of the application (6 -0), finding it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposal provides an orderly transition between existing lower density residential areas and the Castle Hayne Road corridor and provides for the provision of workforce housing. The Board also found APPROVAL of the rezoning is reasonable and in the public interest because it will provide for the provision of workforce housing on the site and allows densities more appropriate along a major highway corridor and still compatible with the existing development patterns. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends approval of the requested rezoning 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 suggests the following motion: Example Motion of Approval I move to APPROVE the proposed rezoning. I find it to be CONSISTENT with the Comprehensive Plan's intent of providing an orderly transition of residential densities from higher intensity to lower intensity areas and provides for the provision of workforce housing on the site. I find APPROVAL of the rezoning is reasonable and in the public interest because it will provide for the provision of workforce housing on the site and allows densities more appropriate along a major highway corridor and still compatible with the existing development patterns. Alternative Motion of Denial I move to DENY the proposed rezoning. While I find it to be CONSISTENT with the Comprehensive Plan's intent of providing an orderly transition of residential densities from higher intensity to lower intensity areas and provides for the provision of workforce housing on the site, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent neighborhoods. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as presented by staff. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners - March 9, 2020 ITEM: 19 SCRIPT for Zoning Map Amendment Application (Z20 -02) Request by New Hanover County to rezone approximately 15.86 acres of land located at 3101 Castle Hayne Road from R -20, Residential District, and B -1, Business District, to R -10, Residential District. 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, as follows: a. Staff /Applicant's presentation b. Opponent's presentation (up to 15 minutes) c. Staff /Applicant's rebuttal (up to 5 minutes) d. Opponent's rebuttal (up to 5 minutes) 3. Close the public hearing 4. Board discussion 5. 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 approval or denial of the rezoning request is reasonable and in the public interest. Example Motion of Approval I move to APPROVE the proposed rezoning. I find it to be CONSISTENT with the Comprehensive Plan's intent of providing an orderly transition of residential densities from higher intensity to lower intensity areas and provides for the provision of workforce housing on the site. I find APPROVAL of the rezoning is reasonable and in the public interest because it will provide for the provision of workforce housing on the site and allows densities more appropriate along a major highway corridor and still compatible with the existing development patterns. Example Motion of Denial I move to DENY the proposed rezoning. While I find it to be CONSISTENT with the Comprehensive Plan's intent of providing an orderly transition of residential densities from higher intensity to lower intensity areas and provides for the provision of workforce housing on the site, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent neighborhoods. Board of Commissioners - March 9, 2020 ITEM: 19- 1 - 1 Alternative Motion for Approval /Denial: I move to [Approve /Deny] the proposed rezoning to a R -10 district. I find it to be [Con sistent /lnconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] I also find [Approval /Denial] of the rezoning request is reasonable and in the public interest because [insert reasons] Board of Commissioners - March 9, 2020 ITEM: 19- 1 - 2 STAFF REPORT FOR Z20 -02 ZONING MAP AMENDMENT APPLICATION APPLICATION SUMMARY Case Number: Z20 -02 Request: Zoning Map amendment to rezone 15.86 acres from R -20 and B -1 to R -10 Applicant: Property Owner(s): New Hanover County New Hanover County Location: Acreage: 3101 Castle Hayne Road 15.86 PID(s): Comp Plan Place Type: R0251 9- 001 -01 1 -000 General Residential & Community Mixed Use Existing Land Use: Proposed Land Use: Undeveloped The property would be allowed to be developed in accordance with the R -10 district Current Zoning: Proposed Zoning: R -20 and B -1 R -10 Z20 -02 Staff Report 3.9.2020 Page 1 of 11 Board of Commissioners - March 9, 2020 ITEM: 19- 2 - 1 SURROUNDING AREA LAND USE ZONING North Undeveloped, Single - Family Residential B -1, R -20 East Undeveloped, Agriculture, Single - Family Residential B -1, R -20 South Undeveloped, Single - Family Residential, Gas Station B -1, R -20 West Undeveloped, Single - Family Residential R -20 Aerial° Water services are scheduled to be installed along the adjacent portion of Water /Sewer Castle Hayne Road in 2020. Sewer services are approximately one quarter miles away on Old Mill Road and would require extension to serve the site. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire Z20 -02 District, New Hanover County Station Wrightsboro Districted for Wrightsboro Elementary, Holly Shelter Middle, and New Schools x For more information, see the full School statistics below. Recreation Optimist Park, Northern Regional Park > j` Newel Haray.6 C ©eirity ZONING HISTORY July 1, 1974 Initially zoned R -20 and B -1 (Area l0A) COMMUNITY SERVICES Water services are scheduled to be installed along the adjacent portion of Water /Sewer Castle Hayne Road in 2020. Sewer services are approximately one quarter miles away on Old Mill Road and would require extension to serve the site. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Station Wrightsboro Districted for Wrightsboro Elementary, Holly Shelter Middle, and New Schools Hanover High schools. For more information, see the full School statistics below. Recreation Optimist Park, Northern Regional Park Z20 -02 Staff Report 3.9.2020 Board of Commissioners - March 9, 2020 ITEM: 19- 2 - 2 Page 2 of 11 CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Existing Zoning The Conservation Overlay District Map indicates that swamp forest wetlands Conservation may be present on the site. The location of wetlands will be verified and B -1 (approx 2.1 any impacts addressed through the TRC review process when any specific acres) developments are proposed. Historic No known historic resources Archaeological No known archaeological resources ZONING CONSIDERATIONS • The property is currently split zoned, with approximately 1 3.76 acres zoned R -20 and 2.1 acres zoned 13-1. • Under the performance residential standards, the portion of the property currently zoned R -20 would allow up to 26 dwelling units at a maximum density of 1.9 dwelling units per acre. Under the proposed R -10 district, this property would be permitted up to 52 dwelling units at maximum density of 3.3 dwelling units per acre. • Much of the Wrightsboro area was zoned R -20 in 1974. At that time, public utilities were limited and many homes in the unincorporated areas of the County utilized private well and septic. • The portion of the property zoned B -1 would allow for the development of traditional commercial uses like restaurants, offices, and retail establishments. Residential uses require Special Use Permit in the B -1 district. At approximately 2.1 acres, it is estimated that the portion of the property zoned B -1 could support about 20,000 square feet of commercial related uses based on a typical 25% building area. Z20 -02 Staff Report 3.9.2020 Board of Commissioners - March 9, 2020 ITEM: 19- 2 - 3 Page 3 of 11 Existing Zoning Proposed R -10 R -20 (approx 13.76 B -1 (approx 2.1 acres) acres) Min Lot Size 20,000 sf n/a 10,000 sf (Conventional) Max Density 1.9 du /ac n/a 3.3 du /ac (Performance) (Performance) Max Dwelling 26 52 Units for Subject (Performance) n/a (Performance) Property Limited (ex. kennels, Variety of commercial uses Limited (ex. Commercial Uses recreation and convenience stores w/ including retail, kennels recreation, and convenience SUP) restaurant, and stores w/ SUP) office. Z20 -02 Staff Report 3.9.2020 Board of Commissioners - March 9, 2020 ITEM: 19- 2 - 3 Page 3 of 11 • Because this is a general map amendment, uses that would be allowed on the property are those allowed by right or by Special Use Permit in the R -10 district. If approved, the development of the site must comply with the standards of the R -10 district and other applicable regulations, including buffering and stormwater standards. Compliance with these provisions will be reviewed by the Technical Review Committee during the development review process. • The subject property is owned by New Hanover County. The majority of the property is being considered for conveyance to a nonprofit organization for a workforce housing subdivision. The remainder of the property (approx. 1.5 acres) will be reserved for the development of a possible future fire station. • A northern branch of Ness Creek runs through the property and has been identified as an AE Floodway. Because of the costs associated with crossing the creek, it is expected development of the property will be limited to the eastern side of this waterway, leaving about 4 acres to remain for open space or recreational purposes. Z20 -02 Staff Report 3.9.2020 Board of Commissioners - March 9, 2020 ITEM: 19- 2 - 4 Page 4 of 11 RYr X 7Fj'r 6.5 acres {including about 1 Z20 -V 2 2.5 acres within Genera] Location " Flood Zones} ■ of Fire Station . i■■.■■■.• ,n H 9 acres AE Floodway AE (100 Yea r) - Shaded X (500 Year) ale Z20 -02 Staff Report 3.9.2020 Board of Commissioners - March 9, 2020 ITEM: 19- 2 - 4 Page 4 of 11 Re ional g Northchase Proximity Map r 5 Miles �. 1 -140 {� J ,I >'frM (=1 mile) i- Subject Site F , .;- 1 -40 {= 2 Mile) Cape Fear Optimist Park (�:z 1.5 Miles) Wrightsboro�ILM [ =1 Mile) ` / Murrayville {i2.5 miles) 4 Miles) [ -4.5 miles] [Approx. Distance ,� -" �_. MLK Jr. Pkwy from Subject Site by • The subject site is located in close proximity to the downtown and airport economic hubs, employment opportunities including GE and N. Kerr Industrial park, and other regional destinations. In addition, the site is close to three major transportation corridors: MLK Jr. Parkway, Interstate 40, and Interstate 140. TRANSPORTATION • Access is provided to the subject property by Castle Hayne Road (NC 133). It is anticipated the driveway connection for a residential development would align at the intersection of Castle Hayne Road and Old Mill Road. • As currently zoned, the residential portion of the subject site would be permitted a maximum of 26 dwelling units under the performance residential standards for the R -20 zoning district. A detached single - family dwelling typically generates about one trip during the PM peak hours. • The trips generated from the B -1 portion of the property would vary based on the commercial use of the site. For general reference, if the B -1 portion of the site was developed with a typical approximate 25% building footprint, a 20,000 square foot shopping /strip center or comparable development could be built. Using ITE trip generation figures, that center would generate an estimated 100 trips in the AM peak and 62 trips in the PM peak. • The estimated total trips that could be generated from the site as currently zoned is about 120 in the AM peak and 90 in the PM peak. • As a result, the cumulative impact of the proposed rezoning is expected to reduce the number of trips generated from development of the site. Specifically, 47 single - family Z20 -02 Staff Report 3.9.2020 Board of Commissioners - March 9, 2020 ITEM: 19- 2 - 5 Page 5 of 11 homes that could be built under the proposed R -1 0 zoning are estimated to generate up to about 47 trips during the peak hours. The possible fire station is expected to have minimal trip generation during the peak hours due to shift schedules that typically change at 7:00 am. • Traffic impacts are analyzed at the time a development is proposed. Any use that increases the trips generated by 100 in the AM or PM peak hours will be required to conduct a Traffic Impact Analysis (TIA). Even if a TIA is not required, improvements may be required when any proposed use is reviewed by NCDOT during the driveway permitting process. • Because there have not been any recent TIAs in the area to analyze traffic flow along this portion of Castle Hayne Road, staff has provided the volume to capacity ratio for Castle Hayne Road near the subject site. While volume to capacity ratio, based on average daily trips, can provide a general idea of the function of adjacent roadways, the delay vehicles take in seconds to pass through an intersection is generally considered a more effective measure when determining the Level of Service of a roadway. The volume to capacity ratio indicates capacity currently exists in this area to accommodate what is expected to be a net reduction in trips when compared to the existing zoning. Traffic Counts — 2018 Road Intensity Approx. Peak Hour Trips Existing Development: Undeveloped 0 AM / 0 PM Typical Development under 26 single - family homes 1 20 AM 90 PM / Current Zoning: 20,000sf commercial Rockhill Road Typical Development under 47 single - family homes 35 AM 50 PM ProProposed R -10 Zoning: p g� Fire Station • Traffic impacts are analyzed at the time a development is proposed. Any use that increases the trips generated by 100 in the AM or PM peak hours will be required to conduct a Traffic Impact Analysis (TIA). Even if a TIA is not required, improvements may be required when any proposed use is reviewed by NCDOT during the driveway permitting process. • Because there have not been any recent TIAs in the area to analyze traffic flow along this portion of Castle Hayne Road, staff has provided the volume to capacity ratio for Castle Hayne Road near the subject site. While volume to capacity ratio, based on average daily trips, can provide a general idea of the function of adjacent roadways, the delay vehicles take in seconds to pass through an intersection is generally considered a more effective measure when determining the Level of Service of a roadway. The volume to capacity ratio indicates capacity currently exists in this area to accommodate what is expected to be a net reduction in trips when compared to the existing zoning. Traffic Counts — 2018 Road Location Volume Capacity V/C Castle Hayne Road 1,000 feet south of 141256 15,860 0.90 Rockhill Road Z20 -02 Staff Report 3.9.2020 Board of Commissioners - March 9, 2020 ITEM: 19- 2 - 6 Page 6 of 11 Nearby Planned Transportation Improvements and Traffic Impact Analyses Traffic Impact Analyses Approved Under Review Under Draft NY 0 ROCiCHIlL � � -- �- � --•. -_ 14 Z20-02 .UN BEAM IFGST � r Y BOUNTIFUL STIP Project F .Miles 0 0.25 0.5 0 ti oa STIP Project U -5863 OLp MILL \ F -tINORTN COUNT4 TE4. si, - ` `to - h �r LiL 1 Mile Radius Nearby NC STIP Projects: • STIP Project U -5863 • Project to widen Castle Hayne Road from 1 -140 to MLK Parkway. • Current production schedule for this project is to begin right -of -way acquisition in 2020 and bidding of the project in 2022. However, the draft STIP, which will be finalized in September, has moved the dates for right -of -way acquisition to 2021 and bidding of the project to 2024. • This project will widen Castle Hayne Road by adding a center turn lane or median to certain sections of the Road. Currently the draft plans include the addition of a center turn lane directly adjacent the subject site. Z20 -02 Staff Report 3.9.2020 Board of Commissioners - March 9, 2020 ITEM: 19- 2 - 7 Page 7 of 1 1 o The project also includes the installation of traffic signals at the intersections of Castle Hayne Road at Oakley Road and Rockhill Road. Both intersections are within a quarter mile of the subject site. Nearby Traffic Impact Analyses: Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards. Approved analyses must be re- examined by NCDOT if the proposed development is not completed by the build out date established within the TIA. Proposed Land Use /Intensity TIA Status Development 1. Wrightsboro • Approved January 24, 2019 Commons • 226 Multi - Family Units . 2023 Build Out Year The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Updating the signal timing at the intersection of Castle Hayne Road and North Kerr Avenue Nearby Proposed Developments included within the TIA: • Riverside Development Development Status: Construction has not started at this time. SCHOOLS • Students generated from this development would be assigned to Wrightsboro Elementary, Holly Shelter Middle, and New Hanover High schools. Students may apply to attend public magnet, year -round elementary, or specialty high schools. • Twenty -six dwelling units would be permitted under the current R -20 zoning base density, and 52 units would be allowed under the proposed zoning for an increase of 26 dwelling units • Based on average student generation rates,* there are an average of 0.24 public school students (0.1 1 for elementary, 0.05 for middle, and 0.08 for high) generated per dwelling unit across New Hanover County. The proposed development can be estimated to generate an additional 6.2 students (2.8 elementary, 1.4 middle, and 2.0 high) than if developed under existing zoning. *Average student generation rates are calculated by dividing the projected New Hanover County public school student enrollment for the 2020 -2021 school year by the estimated number of dwelling units in the county. While different housing types and different locations typically yield different numbers of students, these average generation rates can provide a general guide for the number of students to anticipate. Total projected student enrollment was used, which includes students attending out -of- district specialty schools, such as year -round elementary schools, Isaac Bear, and SeaTECH. Z20 -02 Staff Report 3.9.2020 Board of Commissioners - March 9, 2020 ITEM: 19- 2 - 8 Page 8 of 11 School Enrollment* and Capacity * * - 2021 -2022 Estimates *Enrollment is based on projected New Hanover County Schools enrollment for the 2020 -2021 school year. * *Capacity calculations were determined by New Hanover County Schools for the 2020 -2021 school year and are based on NC DPI Facility Guidelines & Class Size Requirements. Modifications refer to specific program requirements unique to a particular school. These may include exceptional children's classrooms beyond the original building design; classrooms to serve a unique population such as ESL; or classrooms designated for art and music if the building wasn't specifically designed with those spaces. ENVIRONMENTAL • The property contains an AE Floodway and AE Special Flood Hazard Area. The property does not contain Natural Heritage Areas. • Existence of wetlands will be verified during the development review process for the site. • The property is within the Ness Creek (C;Sw) watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class II (moderate limitation), Class III (severe limitation), and Class IV (unsuitable) soils, however, the site is expected to be served by CFPUA water and sewer. 2016 COMPREHENSIVE LAND USE PLAN 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. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. Z20 -02 Staff Report 3.9.2020 Page 9 of 11 Board of Commissioners - March 9, 2020 ITEM: 19- 2 - 9 Total Enrollment Capacity of % of Capacity Funded Level NHC % School of Assigned Assigned of Assigned Capacity Capacity School School School Upgrades Elementary 97% Wrightsboro 547 564 97% None Middle 107% Holly Shelter 917 934 98% None High 105% 1532 1648 93% None Hanover *Enrollment is based on projected New Hanover County Schools enrollment for the 2020 -2021 school year. * *Capacity calculations were determined by New Hanover County Schools for the 2020 -2021 school year and are based on NC DPI Facility Guidelines & Class Size Requirements. Modifications refer to specific program requirements unique to a particular school. These may include exceptional children's classrooms beyond the original building design; classrooms to serve a unique population such as ESL; or classrooms designated for art and music if the building wasn't specifically designed with those spaces. ENVIRONMENTAL • The property contains an AE Floodway and AE Special Flood Hazard Area. The property does not contain Natural Heritage Areas. • Existence of wetlands will be verified during the development review process for the site. • The property is within the Ness Creek (C;Sw) watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class II (moderate limitation), Class III (severe limitation), and Class IV (unsuitable) soils, however, the site is expected to be served by CFPUA water and sewer. 2016 COMPREHENSIVE LAND USE PLAN 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. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. Z20 -02 Staff Report 3.9.2020 Page 9 of 11 Board of Commissioners - March 9, 2020 ITEM: 19- 2 - 9 Future Land Use Map Place Type Community Mixed Use & General Residential Because of the general nature of place type borders, sites located in proximity to the boundaries between place types could be appropriately developed with either place type, allowing site - specific features and evolving development patterns in the surrounding area to be considered. Community Mixed Use: Focuses on small - scale, compact, mixed use development patterns that serve all modes of travel and act as an attractor for county residents and visitors. Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi - family and single - family residential. Place Type Description General Residential: Focuses on lower- density housing and associated civic and commercial services. Typically, housing is single - family or duplexes. Commercial uses should be limited to strategically located office and retail spaces, while recreation and school facilities are encouraged throughout. Types of uses include single - family residential, low- density multi - family residential, light commercial, civic, and recreational. The subject property is located along Castle Hayne Road, just north of the fueling station and convenience store at the intersection with Oakley Road. This intersection is the approximate midpoint between GE to the north and the Wrightsboro community -level commercial node centered around the intersection of Castle Hayne Road and N. Kerr Avenue to the south. Due to the existing commercial use and location, this general area is well- suited to serve as a future neighborhood -level commercial and service node, where higher density residential developments would be appropriate. The subject property is designated Community Mixed Use along Castle Hayne Road and General Residential further west, closer to the existing single family neighborhoods. This is a common place type designation for areas along highway corridors and is intended to support more density near major roads and existing higher- intensity development, with a transition to Analysis lower densities adjacent to existing lower intensity residential neighborhoods. The Comprehensive Plan identifies a suggested density range for residential development in each place type to assist in identifying what might be appropriate depending on the context of a site and adjacent development patterns. The base density for the proposed R -10 district would allow 3.3 dwelling units per acre, which is in the middle of the range of the residential densities outlined as appropriate in General Residential areas and lower than those (7 -10 single family units per acre) indicated for the Community Mixed Use portion of the property most likely to be developed. While lower than what is outlined on the Future Land Use Map, the base density in R -10 could provide a transition between B -1 zoned properties currently along Castle Hayne Road and the very low density R -20 zoned residential properties to the west. Z20 -02 Staff Report 3.9.2020 Board of Commissioners - March 9, 2020 ITEM: 19- 2 - 10 Page 10 of 11 The proposed R -10 rezoning is generally CONSISTENT with the Consistency Comprehensive Plan's intent of providing an orderly transition of residential Recommendation densities from higher intensity to lower intensity areas and provides for the provision of workforce housing on the site. PLANNING BOARD ACTION The Planning Board considered this application at the February 6, 2020 meeting. One member of the public spoke in support of the proposal. Four others had questions and concerns regarding property value and traffic impacts and inquired about the location and availability of sewer infrastructure if it is extended to the site along Old Mill Road. The Planning Board recommended approval of the application (6 -0), finding it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposal provides an orderly transition between existing lower density residential areas and the Castle Hayne Road corridor and provides for the provision of workforce housing. The Board also found APPROVAL of the rezoning is reasonable and in the public interest because it will provide for the provision of workforce housing on the site and allows densities more appropriate along a major highway corridor and still compatible with the existing development patterns. STAFF RECOMMENDATION Staff recommends approval of the requested rezoning 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 suggests the following motion: I move to APPROVE the proposed rezoning. I find it to be CONSISTENT with the Comprehensive Plan's intent of providing an orderly transition of residential densities from higher intensity to lower intensity areas and provides for the provision of workforce housing on the site. I find APPROVAL of the rezoning is reasonable and in the public interest because it will provide for the provision of workforce housing on the site and allows densities more appropriate along a major highway corridor and still compatible with the existing development patterns. Alternative Motion for Denial I move to DENY the proposed rezoning. While I find it to be CONSISTENT with the Comprehensive Plan's intent of providing an orderly transition of residential densities from higher intensity to lower intensity areas and provides for the provision of workforce housing on the site, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent neighborhoods. Z20 -02 Staff Report 3.9.2020 Board of Commissioners - March 9, 2020 ITEM: 19- 2 - 11 Page 11 of 11 Case: Z2O -02 m C .D 70 C un -1 r Site Address: 3101 Castle Hayne Rd Subject Site R -20 1,000 Feet Existing Zoning/Use: R -20 & B-1/ Undeveloped Proposed Use/Zoning: R -10 it N R -10 B -1 Zoning Districts A -1 EDZD E 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 missioners - March 9, 2020 ' " ITEM: 19- 3 - 1 Incorporated Areas & SHOD 4. Case: Z20 -02 Site Address: 3101 Castle Hayne Rd Existing Zoning/Use: R -20 & 13-1/ Undeveloped Proposed Use/Zoning: R -10 ROckHIL& RD COMMUNITY S ARTv1l.LEAD MIXED S Subject Site GENERAL RESIDENTIAL 0LD MILS RD 40. m C n � •D � m Place Types x COMMERCE ZONE z EMPLOYMENT CENTER GENERAL RESIDENTIAL a A o URBAN MIXED USE COMMUNITY MIXED USE n,rt RURAL RESIDENTIAL 1,000 Feet B r o Commissioners - March 9, 2020 CONSERVATION ITEM: 19- 4 - 1 Case: Site Address: Z20 -02 3101 Castle Hayne Rd ii J a 2512 •� • 2516 •� Existing Zoning/Use: R -20 & B-1/ Undeveloped Proposed Use/Zoning: R -10 AP -1 El a R -10 r. fln 3149 • R -20 { 1145 R -15 z B -1 Site o 3120 P3-1-33 3129 -3125 • 3121 SAAR • •I I �f Subject Site : "° 3100 2501 rn D L7 2513 • 2509 • 2431 tn n • r 1,000 i 2621 • 3065 �`'�LL 3057 607 2629 i 3053 w i 261625 .` • —2601 i. 2521 • 2606 2618 2620 — 3045 �2600 0 • • 2510• /i v HO D - W a m 2 d z m r" 0 Feet ga r�l�i � �r r §n 9, 2020 ITEM: Ml APPLICANT MATERIALS Board of Commissioners - March 9, 2020 ITEM: 19- 6 - 1 LOUN Y �O NEW HANOVER COUNTY o `� �� PLANNING & LAND USE a 2 = O 2 a Application for �s ,�seto r ZONING MAP AMENDMENT 1. Print Form 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 Tim Burgess, Deputy County Manager 3101 Castle Hayne Road Company Owner Name 2 Parcel ID(s) New Hanover County R02519- 001 - 011 -000 Address Address Area 230 Government Center Drive, Suite 195 15.86 acres City, State, Zip City, State, Zip Existing Zoning and Use Wilmington, INC, 28403 R -20 & B -1, Undeveloped Phone Phone Proposed Zoning and Use 910- 798 -7184 R -10 Email Email Land Classification tburgess @nhcgov.com Community Mixed Use /Gen. Res Application Tracking Information (Stqfl'On�j) Case Number Date/Ti a received: Received by: ZZo- 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 prior to submission, and advised to contact Planning Staff with any questions. The following sections of the Zoning Ordinance pertain specifically to zoning amendments: • 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. L Page 1 of 3 Board of Commissioners - March 9, 2020 04/14 ITEM: 19- 7 - 1 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 I Initial Staff Initial Copy of the New Hanover County Tax Map, which delineates the property requested for rezoning. 25 ; Legal description (by metes and bounds) of property requested for rezoning. R �5 Copy of the subdivision map or recorded plat which delineates the property. n/a N Any special requirements of the Ordinance (for example, Section 54.2 for Planned Development District, Section 54.1 for Exceptional Design Zoning District, or Section 54.3 for Riverfront Mixed Use District) n/a W IA A report of the required public information meeting outlined in Section 111 -2.1 (if applicable) n/a II N 1A Authority for Appointment of Agent Form (if applicable) n/a NSA Fee - For petitions involving 5 acres or less, $500. For petitions involving greater than 5 acres, $600 n/a CRITERIA REQUIRED FOR APPROVAL OF A CHANGE OF ZONING Requests for general rezonings do not consider a particular land use but rather all of the uses permitted in the zoning district which is being requested for the subject property. Rezoning requests must be consistent with the New Hanover County Land Use Plan and the Zoning Ordinance, and the applicant has the burden of proving that the request is not consistent with the county's adopted land use plan, zoning ordinance, reasonable, and in the public's interest. The applicant should explain, with reference to attached plans (where applicable), how the proposed zoning district 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 requested change be consistent with the County's Policies for Growth and Develonment? County's plan for growth encourages the development of diverse and affordable housing. Increasing the allowable density the site is consistent with these policies and is also closer aligned with the preferred density range identified for this area in County's Comprehensive Plan. Page 2 of 3 Board of Commissioners - March 9, 2020 04/14 ITEM: 19- 7 - 2 2. How would the requested zone change be consistent with the property's classification on the Land Ulassitication subject site is classified as Community Mixed Use and General Residential in the County's Comprehensive Plan. The imunity Mixed Use place type promotes a mixture of higher density residential and commercial developments, while the eral Residential promotes densities up to 6 dwelling unit per acre. The proposed R -10 district will increase the allowable sity to align closer to the ranges promoted for this property in the Comprehensive Plan. �. wnUL sigmncant neignnornooa cnanges nave occurrea to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zonin0 majority of the area was zoned R -20 in 1974 when utilities were limited and many homes in the unincorporated areas of the my utilized private well and septic. Public utilities continue to be extended to the community making higher densities Bible. In addition, a commercial node has developed in Wrightsborojust south of the site providing services to the area 4. How will this change of zoning serve the public interest? he more diverse housing options under the proposed zoning are consistent with the Comprehensive Plan's objectives for this rea and are more compatible with adjacent commercial zoning and with frontage on an arterial road. 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 zoning district 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. Signature of Petitioner and /or Property Owner Tim Burgess, Deputy County Manager Print Name Page 3 of 3 Board of Commissioners - March 9, 2020 04/14 ITEM: 19- 7 - 3 Subject Site 3101 Castle Hayne Road PID# R02519 -001 -01 1 -000 ± 15.86 acres : � �.ui • 320c1 7 114;. Of 3110 z, 101 �:! • 1103 Place Types Subject Site 3101 Castle Hayne Road PID# R02519 -001 -01 1 -000 ± 15.86 acres Board o General Residential Community Mixed Use 4L:' -61 L- -L -RD Y 14J [i t l i' r -. NEU HANOVER CQ s>ra>E pTH BOOK PACE 1639 0517 w0000 a„� I4'93 f SUE OOZS J) � mar Recording Time. Boot and Page Tax Lot No.. ... .. ... .... Parcel Identifier No. Verified by _ .. ............. County on the day of by... . ......... Mail after recording to . 19 This instrument was prepared by ..Ckxu>lty . Attorney, .320 Chestnut Street, ROW 320, Wilmington, NC Brief description for the Index ]ad NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this. 7l$ day of lai>ary . GRANTOR RUBY SWART (WiCbw) ouws4- , 19 93 , by and between GRANTEE New Harrower County, a Political subdivision of the State of North Carolina. 320 Chestnut Street Wilmington, NC 26401 Enter In appropriate block for each parr: name, address, and. If appropriate, character of entity, e•4 corporation or partnership- The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee. the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple. all that certain lot or parcel of land situated in the City of . Cbpe tar Township. County. North Carolina and more particularly described as follows: EEMMU at a paint in the t*st em lire cf Stabe Hisbway #40 (preserttly U.S. Ili4W #117), as said line is sinwn Cn a crap of a suAivisim CE a pmtim cf the J.G. Saitber latxts, Mxb by J.1,- Heed, C.E., domed Ap:il, 1925, and d in ft Book 3, at Page 29, in the NEw Hwox G ray %q--itry, Nxth 0 30 m Mtm East al ag the WSbEIM line of said HicbW 375 feet frun its Ubm9actim Vath the lean l i m cf Q kiey Platabm RX4 said pm rt Cf dim bAng 436 faet ftti�y alarg said ttsbsm line of State Hiq ,&W #40 E= the Nzd -an ei<je Cf the Old Qilvert in Nom' Clvk Uxk r said Ruddy, said begurwq paint ly.1ru aLso 167 feet NXdwarRy alrxg and in the E;3sbh hxr%,hry of Tract #2 f M its Sl]udtehffibam Cash" as is dXW1 on Said irep UmE cf rued to Nwei n above, and nrrlin3 eErx e Nmth 0 dagrem 30 E mt, alcn3 tee Wmtem lire Cf said State Higtr,ay #40, 665 feat tD the NUCU E& Cam of Tract 05 aS dMAn m the crop haeirab:xe rehma'ed, to; ftrxe Nxth 89 dagCEES 30 MuUes 4lest along the f+tXd18M luxe of said Tract #5, 1042 feet to the am ter of a ditxh; Beane S ath 0 degrees 30 irtinl m kb t. 200.5 feet to t:6 o stones umig9d ' b.I.G.,, a7d ' �,.G.L ", data? SCUth 0 des 15 liurl� E�ist 176 baet to two sus natiaad 'b.1,G." and 'XG.L." at Cr rlew Ra tj� Bun h; d1mce tdth the maatxbrs CE said Borch in a S1xthakRy direct Lm to a pcirt in said Honch Nxth 89 odes 30 rl umbes Wet fr m the point. cf Becpae wig, said paint ire the &Wrh hirg in tfee trfestan line ct Tmr t #2 as d-x:kn cn to nap hmeirMb:)%e mfixred to; tha>7e gxt:h 89 dxjreeS 30 nuralhes EAst, 1100 feet, lire Cr less, to tha plyrt of B@giming. Salle being Tract #3, 4, and 5 and tte Notttxmmust 41 feet aE Tact #2 cf a sJ&visXn cf a particn of the J.G. St!ittEr lards as stem an the trap MAe by" Bade, dAmd Vril, 1%5, ad t7eCO3%3 in MV IDdc 3, at recle 29, in the UEfioe of the of l Cf NEW f n"M Qxraty. Said Rgmr y bwq a pa- of the laid cb� and oohed in a died fran J.H. 9ftleil3er and Cb KpM to D. 9,a::t recordEd in Bock 241, at � 521 in the f w IlanwEr �y � '- N C BW rt wK 1-.ato No i S 1976. itrn`od C 1977 r,..�, w•u.rm r.W —W n c ?roes P... —F, lie. —I IT.— I� % i aw R— r9a: RETURNED TD �,�p ., 2s"�oard of Commissioners -March 9, 2020 ITEM: 19- 7 - 6 ei -$7 -99 $296.00 Real Estate Excise Tax lbcise Tax CZ6.00 w0000 a„� I4'93 f SUE OOZS J) � mar Recording Time. Boot and Page Tax Lot No.. ... .. ... .... Parcel Identifier No. Verified by _ .. ............. County on the day of by... . ......... Mail after recording to . 19 This instrument was prepared by ..Ckxu>lty . Attorney, .320 Chestnut Street, ROW 320, Wilmington, NC Brief description for the Index ]ad NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this. 7l$ day of lai>ary . GRANTOR RUBY SWART (WiCbw) ouws4- , 19 93 , by and between GRANTEE New Harrower County, a Political subdivision of the State of North Carolina. 320 Chestnut Street Wilmington, NC 26401 Enter In appropriate block for each parr: name, address, and. If appropriate, character of entity, e•4 corporation or partnership- The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee. the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple. all that certain lot or parcel of land situated in the City of . Cbpe tar Township. County. North Carolina and more particularly described as follows: EEMMU at a paint in the t*st em lire cf Stabe Hisbway #40 (preserttly U.S. Ili4W #117), as said line is sinwn Cn a crap of a suAivisim CE a pmtim cf the J.G. Saitber latxts, Mxb by J.1,- Heed, C.E., domed Ap:il, 1925, and d in ft Book 3, at Page 29, in the NEw Hwox G ray %q--itry, Nxth 0 30 m Mtm East al ag the WSbEIM line of said HicbW 375 feet frun its Ubm9actim Vath the lean l i m cf Q kiey Platabm RX4 said pm rt Cf dim bAng 436 faet ftti�y alarg said ttsbsm line of State Hiq ,&W #40 E= the Nzd -an ei<je Cf the Old Qilvert in Nom' Clvk Uxk r said Ruddy, said begurwq paint ly.1ru aLso 167 feet NXdwarRy alrxg and in the E;3sbh hxr%,hry of Tract #2 f M its Sl]udtehffibam Cash" as is dXW1 on Said irep UmE cf rued to Nwei n above, and nrrlin3 eErx e Nmth 0 dagrem 30 E mt, alcn3 tee Wmtem lire Cf said State Higtr,ay #40, 665 feat tD the NUCU E& Cam of Tract 05 aS dMAn m the crop haeirab:xe rehma'ed, to; ftrxe Nxth 89 dagCEES 30 MuUes 4lest along the f+tXd18M luxe of said Tract #5, 1042 feet to the am ter of a ditxh; Beane S ath 0 degrees 30 irtinl m kb t. 200.5 feet to t:6 o stones umig9d ' b.I.G.,, a7d ' �,.G.L ", data? SCUth 0 des 15 liurl� E�ist 176 baet to two sus natiaad 'b.1,G." and 'XG.L." at Cr rlew Ra tj� Bun h; d1mce tdth the maatxbrs CE said Borch in a S1xthakRy direct Lm to a pcirt in said Honch Nxth 89 odes 30 rl umbes Wet fr m the point. cf Becpae wig, said paint ire the &Wrh hirg in tfee trfestan line ct Tmr t #2 as d-x:kn cn to nap hmeirMb:)%e mfixred to; tha>7e gxt:h 89 dxjreeS 30 nuralhes EAst, 1100 feet, lire Cr less, to tha plyrt of B@giming. Salle being Tract #3, 4, and 5 and tte Notttxmmust 41 feet aE Tact #2 cf a sJ&visXn cf a particn of the J.G. St!ittEr lards as stem an the trap MAe by" Bade, dAmd Vril, 1%5, ad t7eCO3%3 in MV IDdc 3, at recle 29, in the UEfioe of the of l Cf NEW f n"M Qxraty. Said Rgmr y bwq a pa- of the laid cb� and oohed in a died fran J.H. 9ftleil3er and Cb KpM to D. 9,a::t recordEd in Bock 241, at � 521 in the f w IlanwEr �y � '- N C BW rt wK 1-.ato No i S 1976. itrn`od C 1977 r,..�, w•u.rm r.W —W n c ?roes P... —F, lie. —I IT.— I� % i aw R— r9a: RETURNED TD �,�p ., 2s"�oard of Commissioners -March 9, 2020 ITEM: 19- 7 - 6 E.xEptirq, howvx, such her rot -ef-W for ahe flighm #40 (ptva#1y T.S. HL9hW #117) as is presently cmEd by the CE m9t h CNM1inL B00+► 1639 PQuE 051a The property hereinabove described was acquired by Grantor by instrument recorded in . Dmd Book. 873, Page 501, . New Hanover noun Y.FaKistry -- - A map showing the above described property is recorded in Plat Book page TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: ltd WITNESS WHEREOF. the Grantor bas hereunto set his hand and seal. or if corporate, has caused this instrument to be signed is 1ta corporate name by Its duly authortzed otricers and its seal to be hereunto affixed by authortty of Its Reard of Directors, the day and year ! above wrltten. ^ --- ---- --------- --- ----i" L" t� -. . - -- --(SEAL) NORTH CAROLINA T RMY SWART, by and y -in- through her attort3e NEW HANOVER COUNTY ------ - - - - -- - c fa ALMN SWARD GEt�'41AM `-- ----------------------------------------------------- MEAL) SICK , a Notary Public for said county and State, do hLateby certify that ALIDA SWART GRESHAM, attorney in fact for RUBY SWART, personally appeared before me this day, and being by me duly sworn, says that she executed the foregoing and annexed instrument for and in behalf of the said RUBY SWART, and that her authority to execute and acknowledge said instrument is contained in an instrument duly executed, acknowledged, and recorded in the office of the Register of Deeds, in the County of New Hanover, State of North Carolina, on the 21st day of February, 1990, and that this instrument was executed under and by virtue of the authority given by said instrument granting him power of attorney. I do further certify that the said ALIDA SWART GRESHAM acknowledged the due execution of the foregoing and�� • .instrument for the purposes therein expressed for and i '•.,� the said RUBY SWART_ `��• r••,.• ••.�,.Iy•,. WITNESS my hand and official seal, this Ida ' tr' A4 - y s / /, Notary Public q dM COUNT e.'`�• My commission expires: R ` The foregoing Certiticate(j"f _ _ _ _ _ _ -------------- _ _ , ------ - - --- vw := - - - -- Nora --------------------------- 4 certified to be correct. This instrument ud this certineate are duly registered at the date and time and to the Book and Page shown oa fie fi page heseat. '. MARY SUE WM New Hanover -- - ---- -- - ---------------- ---- ----------- -- -- ------ ---- -- --REGISTER OF DEEDS Foe - -- COUNTY --------------- Deputy; AasYWL- Register at Deeds N. C. iLr 1".x Furnr M1o. i s 1976. itc�twd = 147? .,.�w. n +tw,.►. n s:•. c :?oss •rwe n. T .- w" the h i M• i- lys, Board of Commissioners - March 9, 2020 ITEM: 19- 7 - 7 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 3/9/2020 Regular DEPARTMENT: Planning PRESENTER(S): Wayne Clark, Planning & Land Use Director CONTACT(S): Brad Schuler, Senior Planner; Wayne Clark SUBJECT: Request by New Hanover County to Subdivide and Retain Approximately 1.5 Acres from the Property Located at 3101 Castle Hayne Road for a Possible Future Fire Station; the Remainder of the Site, Approximately 14.36 Acres, Would be Conveyed to Habitat for Humanity for a Workforce Housing Subdivision BRIEF SUMMARY: The potential for a workforce housing development on this site was discussed at the Spring 2019 joint County /City workshop on housing and also at a subsequent agenda briefing. New Hanover County Administrative Policy 18 -003 provides a basis to guide options for this site. The policy is consistent with NC General Statutes and focuses on providing land to qualified non - profits who have been in existence at least two years with a core mission to provide workforce housing. Properties conveyed under this policy must be developed with owner- occupied, taxable housing. The request for authorization to convey the property is generally consistent with the terms of this policy with the exception of condition 3 below that allows additional time for this project due to the larger scale. The existing policy was written to primarily address transfer of single lots or very small subdivisions and the two year requirement to complete the homes and have them occupied is not considered practical for a non -profit to complete a development of this size. Staff from multiple County departments reviewed the site and analyzed data from existing fire stations and determined that approximately 1.S acres would be an appropriate reservation for a future station on this site when stormwater infrastructure can be shared with the residential subdivision as described in condition 6 below. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends approval of the requested authorization. Example Motion of Approval I move to authorize staff to subdivide approximately 1.5 acres of the property at 3101 Castle Hayne Road for the County to retain for a possible fire station and to convey, without compensation, the remainder of the site, approximately 14.36 acres, to Habitat for Humanity for a Workforce Housing subdivision subject to the following conditions: 1. Housing must be targeted and sold to families with incomes up to 120% area median income (AMI), which is consistent with accepted workforce housing standards. 2. Housing must be available to all New Hanover County residents who meet eligibility requirements. 3. Final Plat must be recorded and initial houses under construction within 3 years from date of transfer of the property or the property reverts back to New Hanover County ownership. An extension for good cause can be granted by the County Manager. 4. Homes and parcels must be owner- occupied and taxable. Board of Commissioners - March 9, 2020 ITEM: 20 5. Habitat for Humanity is responsible for extending water and sewer utilities to the site and to make any required sewer connections to existing homes along the route subject to the property owner's permission. 6. Habitat for Humanity will ensure that the stormwater infrastructure Habitat constructs for the residential subdivision is sized, designed, and permitted to incorporate all required stormwater controls for the future fire station, with all necessary easements, permissions, and off -site stormwater agreements granted. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as presented by staff. COMMISSIONERS' ACTIONS: Approved with 6 conditions 4 -0. Board of Commissioners - March 9, 2020 ITEM: 20