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Agenda 2020 09-08NEW 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 SEPTEMBER 8, 2020 4:00 PM PLEASE NOTE: The meeting will take place in the training center at the government center, 230 Government Center Drive. The meeting will be available to the public and media live on NHCTV.com, and on NHCTV's cable stations: Spectrum channel 13 and Charter channel S. MEETI N CALLED TO ORDER (Chair Julia Olson- Boseman) I NVOCATI ON (Reverend Shawn Blackwelder, St. Paul's United Methodist Church) PLEDGE OF ALLEGIANCE (Commissioner Rob Zapple) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Adoption of Emergency Preparedness Month Proclamation 3. Approval of NHC Board of Education Application for NC Education Lottery Funds for FY21 Capital Projects 4. Adoption of Budget Amendments ESTI MATED MINUTES REGULAR AGENDA ITEMS OF BUSINESS 10 5. Presentation on Proposed 2021 Schedule of Values 5 6. Consideration of Application to the Local Government Commission for the Government Center Lease Agreement 40 7. Public Hearing Rezoning Request (Z20 -12) - Request by Ward and Smith, P.A. on Behalf of the Property Owner, Ridgewood Gardens Health Investors, LLC, to Rezone Approximately 29.96 Acres of Land Located at 8704 "Old" Market Street /Futch Creek Road from B -1, Neighborhood Business District, and R -15, Residential District, to UMXZ, Urban Mixed Use Zoning District, in Order to Develop a Mixed -Use Senior Living Project 40 8. Public Hearing Rezoning Request (Z20 -14) — Request by Design Solutions on Behalf of the Property Owner, Ripwood Company, Inc., to Rezone Approximately 3.6 Acres of Land Located in the 600 Block of Spring Branch Road from R -15, Residential District, to (CZD) R -5, Conditional Moderate -High Density District, in Order to Develop 22 Single- Family Units Board of Commissioners - September 8, 2020 40 9. Quasi - Judicial Hearing Special Use Permit Request (520 -03) — Request by Anna Bessellieu McCauley on Behalf of the Property Owner, Frances Boney Bessellieu Revocable Trust, for a Special Use Permit to Operate an Outdoor Recreation Establishment (Wedding Venue) Within the R -15, Residential District, Located at 17S Whipporwill Lane 40 10. Public Hearing Text Amendment Request (TA20 -01) - Request by New Hanover County to Amend Articles 1, 2, 3, 4, 5, and 10 of the Unified Development Ordinance to Simplify the Method of Measuring the Height of Structures; I ncrease Height Maximums for Buildings in the RMF -M H, RMF -H, 0&1, and 1 -1 Districts; Revise the Planned Development District; Clarify Lighting Standards; Establish New Design Standards for Self- Storage Facilities in High - Visibility Areas; Update Telecommunication Facility Standards; Correct Minor Errors Made When Reorganizing Code Documents; and Clarify Existing Permissions PUBLIC COMMENTS ON NON - AGENDA ITEMS (limit three minutes) ESTIMATED MINUTES ADDITIONAL AGENDA ITEMS OF BUSINESS 11. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 12. ADJOURN Note: Minutes listed for each item are estimated, and if a preceding item takes less time, the Board will move forward until the agenda is completed. Mission New Hanover County is committed to progressive public policy, superior service, courteous contact, judicious exercise of authority, and sound fiscal management to meet the needs and concerns of our citizens today and tomorrow. Vision A vibrant prosperous, diverse coastal community, committed to building a sustainable future for generations to come. Core Values Integrity - Accountability - Professionalism - Innovation - Stewardship Board of Commissioners - September 8, 2020 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 9/8/2020 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 August 24, 2020 RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners - September 8, 2020 ITEM: 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 9/8/2020 Consent DEPARTMENT: Emergency PRESENTER(S): Anna McRay, Emergency Management Assistant Management Director CONTACT(S): Anna McRay SUBJECT: Adoption of Emergency Preparedness Month Proclamation BRIEF SUMMARY: Emergency Management has submitted a proclamation for the board's consideration to recognize September 2020 as Emergency Preparedness Month in 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 - September 8, 2020 ITEM: 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS EMERGENCY PREPAREDNESS MONTH SEPTEMBER 2020 WHEREAS, one of the most profound duties of government is ensuring the safety and security of its citizens from emergencies and disasters of all kinds; and WHEREAS, large scale emergencies and disasters affecting New Hanover County include hurricanes, severe weather, flooding, tornadoes, drought, public health emergencies, and numerous smaller yet significant events that occur daily across the county; and WHEREAS, all citizens and businesses have a responsibility to contribute to their own safety and security as part of a larger effort by the county to strengthen its ability to prepare for, prevent, respond to, and recover from unexpected emergencies and incidents in cooperation with regional partners, the State of North Carolina and the national government; and WHEREAS, New Hanover County citizens and businesses can greatly reduce the potential for death, injury, and property loss by taking a few simple steps such as assembling a disaster kit, making an emergency plan, keeping informed of hazards around them, and volunteering to help in times of crisis; and WHEREAS, preparedness activities are supported by a wide range of local and state initiatives, including the New Hanover County Community Emergency Response Team, New Hanover Disaster Coalition, other public safety partner and community -based and community focused volunteer opportunities, along with ongoing public awareness and preparedness campaigns focused on fire safety, emergency management, public health, and crime awareness; and WHEREAS, the combined actions of local, state, and federal agencies working in partnership with an informed and ready private sector and citizenry can transcend the fear of unexpected emergencies and disasters into proactive preparedness that improves the lives, safety, and security of all New Hanover County citizens. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that September 2020 will be recognized as "Emergency Preparedness Month" in New Hanover County. The board calls this observance to the attention of all New Hanover County businesses and citizens. ADOPTED this the 8t" day of September, 2020. NEW HANOVER COUNTY Julia Olson - Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - September 8, 2020 ITEM: 2 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 9/8/2020 Consent DEPARTMENT: Finance PRESENTER(S): Lisa Wurtzbacher, Chief Financial Officer CONTACT(S): Lisa Wurtzbacher SUBJECT: Approval of NHC Board of Education Application for NC Education Lottery Funds for FY21 Capital Projects BRIEF SUMMARY: Capital construction needs were identified and considered by the Board of Education in the FY20 -21 capital budget process. The construction needs include projects to be funded through the Public School Building Capital Fund, North Carolina Education Lottery. Applications for the following projects are presented for consideration. 1. $1,000,000 - Various Campuses Safety and Security Upgrades 2. $300,000 - Alderman ES HVAC Replacement Phase 2 3. $200,000 - Ashley HS Interior Painting Phase 1 of 2 4. $200,000- Laney HS HVAC Upgrades 5. $110,000 - Williston MS Site and Drainage Repairs 6. $120,000 - Various Campuses Upgrade Fire Alarm Panels and Dialers Phase 1 of 2 7. $185,000- Lake Forest Academy HVAC Upgrades 8. $165,000 - Ashley High School Metal Wall Panel and Roof Repair 9. $125,000- Wrightsboro ES HVAC Upgrades Total Project Applications: $2,405,000 The applications will be submitted to the NC Department of Public Instruction and once approved, a budget amendment will be submitted to the Board of Education and the Board of County Commissioners for approval. The unallocated balance of the Public School Building Capital Fund after this action is $867,795. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve NHC Board of Education Lottery projects and applications. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners - September 8, 2020 ITEM: 3 PENDING APPLICATIONS FOR PSBCF ADM AND LOTTERY FUNDS NEW HANOVER COUNTY SCHOOLS NCDPI UNALLOCATED BALANCE AS OF 8/28/20 APPLICATIONS PENDING NCDPI APPROVAL: 9/8/20 BOCC agenda Various Safety and Security Upgrades - design Various Safety and Security Upgrades - additions Alderman ES HVAC Replacement Phase 2 - design Alderman ES HVAC Replacement - repair Ashley HS Interior Painting Phase 1 of 2 - design Ashley HS Interior Painting Phase 1 of 2 - repair Laney HS HVAC Upgrades - design Laney HS HVAC Upgrades - repair Williston MS Site and Drainage Repairs - design Williston MS Site and Drainage Repairs - repair Upgrade Fire Alarm Panels and Dialers Phase 1 of 2 - repairs Lake Forest Academy HVAC Upgrades - design Lake Forest Academy HVAC Upgrades - design Ashley High School Metal Wall Panel and Roof Repair - design Ashley High School Metal Wall Panel and Roof Repair - repair Wrightsboro ES HVAC Upgrades - design Wrightsboro ES HVAC Upgrades - repair Total projects pending approval Remaining unallocated balance Board of Commissioners - September 8, 2020 ITEM: 3 - 1 - 1 ADM LOTTERY 6,594 3,272,795.19 100,000.00 900,000.00 40,000.00 260,000.00 17,400.00 182,600.00 40,000.00 160,000.00 30,000.00 80,000.00 120,000.00 40,000.00 145,000.00 20,000.00 145,000.00 25,000.00 100,000.00 2,405,000.00 6,594 867,795.19 APPLICATION Approved: PUBLIC SCHOOL BUILDING CAPITAL FUND NORTH CAROLINA EDUCATION LOTTERY Date: August 4, 2020 County: New Hanover Contact Person: Leanne Lawrence LEA: New Hanover County Schools Title: Director, Facility Planning & Construction Address: 6410 Carolina Beach Road Phone: (910) 254 -4281 Project Title: Safety and Security Upgrades Location: Various Campuses Type of Facility: K -12 Schools North Carolina General Statutes, Chapter 18C, provides that a portion of the proceeds of the North Carolina State Lottery Fund be transferred to the Public School Building Capital Fund in accordance with G.S. 115C- 546.2. Further, G.S. 115C -546.2 (d) has been amended to include the following: (3) No county shall have to provide matching funds... . (4) A county may use monies in this Fund to pay for school construction projects in local school administrative units and to retire indebtedness incurred for school construction projects. (5) A county may not use monies in this Fund to pay for school technology needs. As used in this section, "Public School Buildings" shall include only facilities for individual schools that are used for instructional and related purposes, and does not include central administration, maintenance, or other facilities. Applications must be submitted within one year following the date of final payment to the Contractor or Vendor. Short description of Construction Project: Safety and security upgrades to bring schools to baseline standard for safety and security of students and staff per recommendations of security risk vulnerability assessment. Estimated Costs: Purchase of Land Planning and Design Services New Construction Additions / Renovations Repair Debt Payment / Bond Payment Classroom Teachers $ 100,000.00 $ 900,000.00 TOTAL $ 1,000,000.00 Estimated Project Beginning Date: October 2020 (Design) Est. Project Completion Date: December 2021 We, the undersigned, agree to submit a statement of state monies expended for this project within 60 days following completion of the project. The County Commissioners and the Board of Education do hereby jointly request approval of the above Project, and request release of $ 1,000.000.00 from the Public School Building Capital Fund (Lottery Distribution). We certify that the project herein described is within the Parameters of G.S. 115C -546. re — Chair, Board of issioners) Form Date: July 01, 2011 Board of Commissioners - September 8, 2020 ITEM: 3 - 2 - 1 (D;Nte) APPLICATION Approved: PUBLIC SCHOOL BUILDING CAPITAL FUND NORTH CAROLINA EDUCATION LOTTERY Date: August 4, 2020 County: New Hanover Contact Person: Leanne Lawrence LEA: New Hanover County Schools Title: Director, Facility Planning & Construction Address: 6410 Carolina Beach Road Phone: (910) 254 -4281 Project Title: Alderman ES HVAC Replacement- Phase 2 Location: 2025 Independence Blvd, Wilmington, NC 28403 Type of Facility: Elementary School North Carolina General Statutes, Chapter 18C, provides that a portion of the proceeds of the North Carolina State Lottery Fund be transferred to the Public School Building Capital Fund in accordance with G.S. 115C- 546.2. Further, G.S. 115C -546.2 (d) has been amended to include the following: (3) No county shall have to provide matching funds... (4) A county may use monies in this Fund to pay for school construction projects in local school administrative units and to retire indebtedness incurred for school construction projects. (5) A county may not use monies in this Fund to pay for school technology needs. As used in this section, "Public School Buildings" shall include only facilities for individual schools that are used for instructional and related purposes, and does not include central administration, maintenance, or other facilities. Applications must be submitted within one year following the date of final payment to the Contractor or Vendor. Short description of Construction Protect: Replace remaining roof mounted HVAC units. This is the second phase of work. Estimated Costs: Purchase of Land Planning and Design Services New Construction Additions / Renovations Repair Debt Payment / Bond Payment _ Classroom Teachers $ 40,000.00 $ 260,000.00 TOTAL $ 300,000.00 Estimated Project Beginning Date: October 2020 (Design) Est. Project Completion Date: August 2021 We, the undersigned, agree to submit a statement of state monies expended for this project within 60 days following completion of the project. The County Commissioners and the Board of Education do hereby jointly request approval of the above Project, and request release of $ 300.000.00 from the Public School Building Capital Fund (Lottery Distribution). We certify that the project herein described is within the Parameters of G.S. 115C -546. —C r — Chair, issioners) on) Form Date: July 01, 2011 Board of Commissioners - September 8, 2020 ITEM: 3 - 2 - 2 `112170 APPLICATION Approved: PUBLIC SCHOOL BUILDING CAPITAL FUND NORTH CAROLINA EDUCATION LOTTERY Date: August 4, 2020 County: New Hanover Contact Person: Leanne Lawrence LEA: New Hanover County Schools Title: Director Facility Planning & Construction Address: 6410 Carolina Beach Road Phone: (910) 254 -4281 Project Title: Ashley HS Interior Painting- Phase 1 of 2 Location: 555 Halyburton Memorial Parkway, Wilmington, NC 28412 Type of Facility: High School North Carolina General Statutes, Chapter 18C, provides that a portion of the proceeds of the North Carolina State Lottery Fund be transferred to the Public School Building Capital Fund in accordance with G.S. 115C- 546.2. Further, G.S. 115C -546.2 (d) has been amended to include the following: (3) No county shall have to provide matching funds... (4) A county may use monies in this Fund to pay for school construction projects in local school administrative units and to retire indebtedness incurred for school construction projects. (5) A county may not use monies in this Fund to pay for school technology needs. As used in this section, "Public School Buildings" shall include only facilities for individual schools that are used for instructional and related purposes, and does not include central administration, maintenance, or other facilities. Applications must be submitted within one year following the date of final payment to the Contractor or Vendor. Short description of Construction Project: Painting interior of building. Phase one of two. Estimated Costs: Purchase of Land Planning and Design Services New Construction Additions / Renovations Repair Debt Payment / Bond Payment Classroom Teachers $ 17,400.00 $ 182,600.00 TOTAL $ 200,000.00 Estimated Project Beginning Date: November 2020 (Design) Est. Project Completion Date: August 2021 We, the undersigned, agree to submit a statement of state monies expended for this project within 60 days following completion of the project. The County Commissioners and the Board of Education do hereby jointly request approval of the above Project, and request release of $ 200.000.00 from the Public School Building Capital Fund (Lottery Distribution). We certify that the project herein described is within the Parameters of G.S. 115C -546. Commissioners) —Chair, Board of Form Date: July 01, 2011 Board of Commissioners - September 8, 2020 ITEM: 3 - 2 - 3 uate (Date) w APPLICATION Approved: PUBLIC SCHOOL BUILDING CAPITAL FUND NORTH CAROLINA EDUCATION LOTTERY Date: August 4, 2020 County: New Hanover Contact Person: Leanne Lawrence LEA: New Hanover County Schools Title: Director, Facility Planning & Construction Address: 6410 Carolina Beach Road Phone: (910) 254 -4281 Project Title: Laney HS HVAC Upgrades Location: 2700 N. College Road, Wilmington, NC 28405 Type of Facility: High School North Carolina General Statutes, Chapter 18C, provides that a portion of the proceeds of the North Carolina State Lottery Fund be transferred to the Public School Building Capital Fund in accordance with G.S. 115C- 546.2. Further, G.S. 115C -546.2 (d) has been amended to include the following: (3) No county shall have to provide matching funds... (4) A county may use monies in this Fund to pay for school construction projects in local school administrative units and to retire indebtedness incurred for school construction projects. (5) A county may not use monies in this Fund to pay for school technology needs. As used in this section, "Public School Buildings" shall include only facilities for individual schools that are used for instructional and related purposes, and does not include central administration, maintenance, or other facilities. Applications must be submitted within one year following the date of final payment to the Contractor or Vendor. Short description of Construction Proiect: HVAC upgrades Estimated Costs: Purchase of Land Planning and Design Services New Construction Additions / Renovations Repair Debt Payment / Bond Payment Classroom Teachers $_ 40,000.00 $ 160,000.00 TOTAL $ 200.000.00 Estimated Project Beginning Date: October 2020 (Design) Est. Project Completion Date: August 2021 We, the undersigned, agree to submit a statement of state monies expended for this project within 60 days following completion of the project. The County Commissioners and the Board of Education do hereby jointly request approval of the above Project, and request release of $ 200.000.00 from the Public School Building Capital Fund (Lottery Distribution). We certify that the project herein described is within the Parameters of G.S. 115C -546. — Chair,,QounW Commissioners) —Chair, Board of Ed Form Date: July 01, 2011 Board of Commissioners - September 8, 2020 ITEM: 3 - 2 - 4 l2 APPLICATION PUBLIC SCHOOL BUILDING CAPITAL FUND NORTH CAROLINA EDUCATION LOTTERY Approved: Date: August 4, 2020 County: New Hanover Contact Person: Leanne Lawrence LEA: New Hanover County Schools Title: Director, Facility Planning & Construction Address: 6410 Carolina Beach Road Phone: (910) 254 -4281 Project Title: Williston MS Site and Drainage Repairs Location: 401 South 101h Street Wilmington NC 28401 Type of Facility: Middle School North Carolina General Statutes, Chapter 18C, provides that a portion of the proceeds of the North Carolina State Lottery Fund be transferred to the Public School Building Capital Fund in accordance with G.S. 115C- 546.2. Further, G.S. 115C -546.2 (d) has been amended to include the following: (3) No county shall have to provide matching funds... (4) A county may use monies in this Fund to pay for school construction projects in local school administrative units and to retire indebtedness incurred for school construction projects. (5) A county may not use monies in this Fund to pay for school technology needs. As used in this section, "Public School Buildings' shall include only facilities for individual schools that are used for instructional and related purposes, and does not include central administration, maintenance, or other facilities. Applications must be submitted within one year following the date of final payment to the Contractor or Vendor. Short description of Construction Protect: Walkway and site drainage repairs. Estimated Costs: Purchase of Land Planning and Design Services New Construction Additions / Renovations Repair Debt Payment / Bond Payment _ Classroom Teachers $ 30, 000.00 $ 80.000.00 TOTAL $ 110,000.00 Estimated Project Beginning Date: October 2020 (Design) Est. Project Completion Date: Auqust 2021 We, the undersigned, agree to submit a statement of state monies expended for this project within 60 days following completion of the project. The County Commissioners and the Board of Education do hereby jointly request approval of the above Project, and request release of $ 110.000.00 from the Public School Building Capital Fund (Lottery Distribution). We certify that the project herein described is within the Parameters of G.S. 115C -546. re -/Chair /County Commissioners) 0" w — Chair, Board of Education) Form Date: July 01, 2011 Board of Commissioners - September 8, 2020 ITEM: 3 - 2 - 5 APPLICATION PUBLIC SCHOOL BUILDING CAPITAL FUND NORTH CAROLINA EDUCATION LOTTERY County: New Hanover LEA: New Hanover County Schools Approved: Date: August 4, 2020 Contact Person: Leanne Lawrence Title: Director, Facility Planning & Construction Address: 6410 Carolina Beach Road Phone: (910) 254 -4281 Project Title: Upgrade Fire Alarm Panels and Dialers- Phase 1 of 2 Location: Various Campuses Type of Facility: K -12 Schools North Carolina General Statutes, Chapter 18C, provides that a portion of the proceeds of the North Carolina State Lottery Fund be transferred to the Public School Building Capital Fund in accordance with G.S. 115C- 546.2. Further, G.S. 115C -546.2 (d) has been amended to include the following: (3) No county shall have to provide matching funds... (4) A county may use monies in this Fund to pay for school construction projects in local school administrative units and to retire indebtedness incurred for school construction projects. (5) A county may not use monies in this Fund to pay for school technology needs. As used in this section, "Public School Buildings" shall include only facilities for individual schools that are used for instructional and related purposes, and does not include central administration, maintenance, or other facilities. Applications must be submitted within one year following the date of final payment to the Contractor or Vendor. Short description of Construction Protect Upgrade fire alarm panels and add life safety dialers. Phase one of two. Estimated Costs: Purchase of Land Planning and Design Services New Construction Additions / Renovations Repair Debt Payment / Bond Payment _ Classroom Teachers $ 120,000.00 TOTAL $ 120,000.00 Estimated Project Beginning Date: October 2020 Est. Project Completion Date: August 2021 We, the undersigned, agree to submit a statement of state monies expended for this project within 60 days following completion of the project. The County Commissioners and the Board of Education do hereby jointly request approval of the above Project, and request release of $ 120.000.00 from the Public School Building Capital Fund (Lottery Distribution). We certify that the project herein described is within the Parameters of G.S. 115C -546. — Chair, Board Form Date: July 01, 2011 Board of Commissioners - September 8, 2020 ITEM: 3 - 2 - 6 (Dat6 W APPLICATION Approved: PUBLIC SCHOOL BUILDING CAPITAL FUND NORTH CAROLINA EDUCATION LOTTERY Date: August 4, 2020 County: New Hanover Contact Person: Leanne Lawrence LEA: New Hanover County Schools Title: Director, Facility Planning 8 Construction Address: 6410 Carolina Beach Road Phone: (910) 254 -4281 Project Title: Lake Forest Academy HVAC Upgrades Location: 1806 South 151' Street, Wilmington NC 28401 Type of Facility: Alternative Elementary School North Carolina General Statutes, Chapter 18C, provides that a portion of the proceeds of the North Carolina State Lottery Fund be transferred to the Public School Building Capital Fund in accordance with G.S. 115C- 546.2. Further, G.S. 115C -546.2 (d) has been amended to include the following: (3) No county shall have to provide matching funds... (4) A county may use monies in this Fund to pay for school construction projects in local school administrative units and to retire indebtedness incurred for school construction projects. (5) A county may not use monies in this Fund to pay for school technology needs. As used in this section, "Public School Buildings' shall include only facilities for individual schools that are used for instructional and related purposes, and does not include central administration, maintenance, or other facilities. Applications must be submitted within one year following the date of final payment to the Contractor or Vendor. Short description of Construction Project: Upgrade HVAC equipment. Estimated Costs: Purchase of Land Planning and Design Services New Construction Additions / Renovations Repair Debt Payment / Bond Payment _ Classroom Teachers $ 40,000.00 $ 145.000.00 TOTAL $ 185,000.00 Estimated Project Beginning Date: October 2020 (Design) Est. Project Completion Date: August 2021 We, the undersigned, agree to submit a statement of state monies expended for this project within 60 days following completion of the project. The County Commissioners and the Board of Education do hereby jointly request approval of the above Project, and request release of $ 185,000.00 from the Public School Building Capital Fund (Lottery Distribution). We certify that the project herein described is within the Parameters of G.S. 115C -546. — Chair, minty Commissioners) re — Chair, Board of Form Date: July 01, 2011 Board of Commissioners - September 8, 2020 ITEM: 3 - 2 - 7 7i APPLICATION Approved: PUBLIC SCHOOL BUILDING CAPITAL FUND NORTH CAROLINA EDUCATION LOTTERY Date: Auqust 4, 2020 County: New Hanover Contact Person: Leanne Lawrence LEA: New Hanover County Schools Title: Address: 6410 Carolina Beach Road Phone: Director, Facility Planning & Construction (910) 254 -4281 Project Title: Ashley High School Metal Wall Panel and Roof Repair Location: 555 Halyburton Memorial Parkway, Wilmington NC 28412 Type of Facility: High School North Carolina General Statutes, Chapter 18C, provides that a portion of the proceeds of the North Carolina State Lottery Fund be transferred to the Public School Building Capital Fund in accordance with G.S. 115C- 546.2. Further, G.S. 115C -546.2 (d) has been amended to include the following: (3) No county shall have to provide matching funds... (4) A county may use monies in this Fund to pay for school construction projects in local school administrative units and to retire indebtedness incurred for school construction projects. (5) A county may not use monies in this Fund to pay for school technology needs. As used in this section, "Public School Buildings" shall include only facilities for individual schools that are used for instructional and related purposes, and does not include central administration, maintenance, or other facilities. Applications must be submitted within one year following the date of final payment to the Contractor or Vendor. Short description of Construction Protect: Metal wall panel and roof repair Estimated Costs: Purchase of Land Planning and Design Services New Construction Additions / Renovations Repair Debt Payment / Bond Payment _ Classroom Teachers $ 20,000.00 $ 145,000.00 TOTAL $ 165,000.00 Estimated Project Beginning Date: October 2020 (Design) Est. Project Completion Date: August 2021 We, the undersigned, agree to submit a statement of state monies expended for this project within 60 days following completion of the project. The County Commissioners and the Board of Education do hereby jointly request approval of the above Project, and request release of $ 165.000.00 from the Public School Building Capital Fund (Lottery Distribution). We certify that the project herein described is within the Parameters of G.S. 115C -546. ire — ClAir, Conty P Commissioners) (Signature — Chair, Board of Form Date: July 01, 2011 Board of Commissioners - September 8, 2020 ITEM: 3 - 2 - 8 APPLICATION Approved: PUBLIC SCHOOL BUILDING CAPITAL FUND NORTH CAROLINA EDUCATION LOTTERY Date: August 4, 2020 County: New Hanover Contact Person: Leanne Lawrence LEA: New Hanover County Schools Title: Address: 6410 Carolina Beach Road Phone: Project Title: Wrightsboro ES HVAC Upgrades Location: 2716 Castle Hayne Rd, Wilmington NC 28401 Type of Facility: Elementary School Director, Facility Planning & Construction 10) 254 -4281 North Carolina General Statutes, Chapter 18C, provides that a portion of the proceeds of the North Carolina State Lottery Fund be transferred to the Public School Building Capital Fund in accordance with G.S. 115C- 546.2. Further, G.S. 115C -546.2 (d) has been amended to include the following: (3) No county shall have to provide matching funds... (4) A county may use monies in this Fund to pay for school construction projects in local school administrative units and to retire indebtedness incurred for school construction projects. (5) A county may not use monies in this Fund to pay for school technology needs. As used in this section, "Public School Buildings" shall include only facilities for individual schools that are used for instructional and related purposes, and does not include central administration, maintenance, or other facilities. Applications must be submitted within one year following the date of final payment to the Contractor or Vendor. Short description of Construction Proiect: HVAC upqrades Estimated Costs: Purchase of Land Planning and Design Services New Construction Additions / Renovations Repair Debt Payment / Bond Payment Classroom Teachers $ 25.000.00 $ 100,000.00 TOTAL $ 125,000.00 Estimated Project Beginning Date: October 2020 (Design) Est. Project Completion Date: August 2021 We, the undersigned, agree to submit a statement of state monies expended for this project within 60 days following completion of the project. The County Commissioners and the Board of Education do hereby jointly request approval of the above Project, and request release of $ 125.000.00 from the Public School Building Capital Fund (Lottery Distribution). We certify that the project herein described is within the Parameters of G.S. 115C -546. - Chair, Board Commissioners) Form Date: July 01, 2011 Board of Commissioners - September 8, 2020 ITEM: 3 - 2 - 9 Z- NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 9/8/2020 Consent DEPARTMENT: Budget PRESENTER(S): Lisa Wurtzbacher, Chief Financial Officer CONTACT(S): Lisa Wurtzbacher SUBJECT: Adoption of Budget Amendments BRIEF SUMMARY. The following budget amendments amend the annual budget ordinance for the fiscal year ending June 30, 2021: Purchase Order Rollovers 21 -004 Grant Rollovers 21 -005 Florence Rollover 21 -007 Summaries are included for purchase order and grant rollovers. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the ordinances for the budget amendments listed. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners - September 8, 2020 ITEM: 4 Purchase Order Rollover Summary - By Function FY2021 Rollover Function Amount Explanation Various purchase orders with the most significant being for the renovation at the Senior Resource Center and debris cleanup from Prince General Government 1,641,403 George Creek Various purchase orders with the large majority being for remaining outside agency contributions and playground equipment at the HHS Human Services 106,949 building Various purchase orders including those for the replacement of portable two -way radios and the installation of a generator for emergency Public Safety 786,485 sheltering Board of Commissioners - September 8, 2020 ITEM: 4 - 1 - 1 Vaious purchase orders with the largest being for the contribution to Economic Development 609,565 Wrightsville Beach for the ocean access park improvement project Various purchase orders with the largest being for the contribution to the Culture and Recreation 200,342 YMCA for the future nanatorium Purchase orders outstanding for the work being done to complete the Reappraisal Reserve Fund 75,850 revaluation process Room Occupancy Tax 143,561 Purchase order to continue shoreline mapping process Fire Services 40,490 Purchase order for replacement turnout gear Law Enforcement Block Grant 4,950 Purchase order for binoculars Revolving Loan Program 2,433 Purchase order for plumbing needs Various purchase orders with the largest being for roof repairs and a Environmental Management 316,870 rolloff truck Board of Commissioners - September 8, 2020 ITEM: 4 - 1 - 1 AGENDA: September 8, 2020 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2021 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2021. Section 1: Details of Budget Amendment Strategic Focus Area: Strong Financial Performance Strategic Objective(s): Control costs and manage to the budget Fund: General Department: Various Expenditure: Decrease Increase Total BA 21 -004 General Government $ 1,641,403.46 $ 1,641,403.46 BA 21 -004 Human Services $ 106,948.89 $ 106,948.89 BA 21 -004 Public Safe $ 786,484.62 $ 786,484.62 BA 21 -004 Economic and Physical Development $ $ 609,565.00 $ 609,565.00 BA 21 -004 Culture and Recreation $ 200,342.00 $ 200,342.00 Total $ - $ 3,344,743.97 $ 3,344,743.97 Revenue: Decrease Increase Total BA 21 -004 Appropriated Fund Balance $ 2,798,737.73 $ 2,798,737.73 BA 21 -004 Federal Grants $ 436,682.23 $ 436,682.23 BA 21 -004 Grant-Dept of Homeland Security $ 4,245.92 $ 4,245.92 BA 21 -004 Grant -Dept HHS $ $ 5,100.00 $ 5,100.00 BA 21 -004 State Grant $ 99,978.09 $ 99,978.09 Total $ - $ 3,344,743.97 $ 3,344,743.97 General Fund Budget Appropriated Fund Balance Fund: Reappraisal Reserve Fund Department: Tax Prior to Actions Today $ 303 240,373.00 $ 4,915,277.00 Total if Actions Taken S 306,585,116.97 $ 8,260,020.97 Expenditure: Decrease Increase Total BA 21 -004 Reappraisal Reserve Fund $ 75,850.00 $ 75,850.00 Total $ $ 75,850.00 1 $ 75,850.00 Revenue: Decrease Increase Total BA 21 -004 Appropriated Fund Balance $ 75,850.00 $ 75,850.00 Total $ $ 75,850.00 1 S 75,850.00 Prior to Actions Toda Reappraisal Reserve Fund Budget $ 289 661.00 Appropriated Fund Balance $ 139 661.00 Board of Commissioners - September 8, 2020 ITEM: 4 - 2 - 1 Total if Actions Taken $ 365 511.00 $ 215 511.00 Fund: Room Occupancy Tax (ROT) Department: Finance Expenditure: Decrease Increase Total BA 21 -004 Room Occupancy Tax (ROT) $ 143,561.44 $ 143,561.44 Total $ Total $ - $ 143,561.44 1 $ 143,561.44 Revenue: Decrease increase Total BA 21 -004 Appropriated Fund Balance $ 143,561.44 $ 143,561.44 Total $ Total $ - $ 143,561.44 1 $ 143,561.44 ROT Budget Appropriated Fund Balance Fund: Fire Rescue Department: Fire Rescue Prior to Actions Today $ 6,149,16 $ - Total if Actions Taken $ 6,292,723.44 $ 143 561.44 Expenditure. Decrease Increase Total BA 21 -004 Public Safety $ 40,490.20 $ 40,490.20 Total $ Total $ $ 40,490.20 $ 40,490.20 Revenue: Decrease Increase Total BA 21 -004 Appropriated Fund Balance $ 40,490.20 $ 40,490.20 Total $ Total $ $ 40,490.20 1 $ 40,490.20 Fire Rescue Budget Appropriated Fund Balance Prior to Actions Todav $ 16,709,065.00 $ 576,858.00 Fund: Local Law Enforcement Block Grant ( LLEBG) Department: Sheriff Total if Actions Taken $ 16,749,555.20 $ 617,348.20 Expenditure: Decrease Increase Total BA 21 -004 Public Safety S 4,949.70 $ 4,949.70 Total $ $ 4,949.70 $ 4,949.70 Revenue: Decrease Increase Total BA 21 -004 Appropriated Fund Balance S 4,949.70 $ 4,949.70 Total $ Is 4,949.70 1 $ 4,949.70 Prior to Actions Today LLEBG Budget $ - Appropriated Fund Balance 1 $ - Board of Commissioners - September 8, 2020 ITEM: 4 - 2 - 2 Total if Actions Taken $ 4,949.70 $ 4,949.70 Fund: Revolving Loan Program Department: Revolving Loan Program Expenditure: Decrease Increase Total BA 21 -004 Revolving Loan Program S 2,433.00 $ 2,433.00 Total $ $ 2,433.00 $ 2,433.00 Revenue: Decrease Increase "Dotal BA 21 -004 Appropriated Fund Balance S 2,433.00 $ 2,433.00 Total $ - $ 2,433.00 1 $ 2,433.00 Prior to Actions Todav Revolving Loan Program Budget $ 24,000.00 Appropriated Fund Balance $ 14,000.00 Fund: Environmental Management Department: Environmental Management Total if Actions Taken $ 26,433.00 $ 16,433.00 Expenditure: Decrease Increase Total BA 21 -004 Environmental Management $ 316,870.23 $ 316,870.23 Total $ S 316,870.23 1 $ 316,870.23 Revenue: Decrease Increase Total BA 21 -004 Appropriated Fund Balance $ 316,870.23 S 316,870.23 Total $ $ 316,870.23 1 $ 316,870.23 Prior to Actions Total if Actions Taken To ay Environmental Mgt. Budget $ 24,313,597.00 $ 24,630,467.23 Appropriated Fund Balance $ 6,871,948.00 $ 7,188,818.23 Section 2: Explanation BA 21 -004 budgets for purchase orders that were carried forward from FY19 -20 to FY20 -21. These purchase orders were open and had outstanding balances that require payment in FY20 -21 when goods and services are delivered. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 21 -004 amending the annual budget ordinance for the fiscal year ending June 30, 2021, is adopted. Adopted, this 8th day of September, 2020. (SEAL) Julia Olson - Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - September 8, 2020 ITEM: 4 - 2 - 3 Grant Rollover Summary - By Function FY2021 Rollover Function Amount Explanation General Government 4,326,322 Emergency Watershed Protection grant Various grants with most significant being the DSS Fatherhood Human Services 452,086 Program and the Families First Coronavirus grant Various grants with the large majority of the rollover amount being the Hazard Mitigation Grant Program and the Disaster Recovery Public Safety 2,733,695 Assistance grant, both related to Hurricane Florence Recovery Fire Services 31,296 Homeland Security Grant Program Law Enforcement Block Grant 70,732 Justice Assistance Grant Program Board of Commissioners - September 8, 2020 ITEM: 4 - 3 - 1 AGENDA: September 8, 2020 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2021 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2021. Section 1: Details of Budget Amendment Strategic Focus Area: Strong Financial Performance Strategic Objective(s): Proactively manage the county budget Fund: General Department: Various Expenditure: Decrease Increase Total BA 21 -005 Grant Expenditures by Function $ 31,296 $ 31,296 General Government $ - $ 31,296 $ 4,326,322 $ 4,326,322 Human Services $ 452,086 $ 452,086 Public Safety $ 2,733,695 $ 2,733,695 Total $ - $ 7,512,103 $ 7,512,103 Revenue: Decrease Increase Total BA 21 -005 Grant Revenues by Function $ 31,296 $ 31,296 General Government $ - $ 31,296 $ 4,326,322 $ 4,326,322 Human Services $ 452,086 $ 452,086 Public Safety $ 2,721,252 $ 2,721,252 BA 21 -005 Appropriated Fund Balance $ 12,443 11 $ 12,443 Total $ - $ 7,512,103 $ 7,512,103 General Fund Budget Appropriated Fund Balance Prior to Actions Today $ 308,011,822 $ 4,676,327 Fund: Special Revenue Fire Rescue Department: Fire Rescue Total if Actions Taken $ 315,523,925 $ 4,688,770 Expenditure: Decrease Increase I I Total BA 21 -005 Grant Expenditures $ 31,296 $ 31,296 Total $ - $ 31,296 $ 31,296 Revenue: Decrease Increase Total BA 21 -005 Grant Revenues $ 31,296 $ 31,296 Total $ - $ 31,296 $ 31,296 Fire Rescue Fund Budget Appropriated Fund Balance Prior to Actions Toda $ 16,742,567 $ 576,858 Fund: Local Law Enforcement Block Grant Fund Department: Sheriff Total if Actions Taken $ 16,773,863 $ 576,858 Expenditure: Decrease Increase 11 Total BA 21-005 Grant Expenditures $ 70,732 $ 70,732 Total $ - $ 70,732 1 $ 70,732 Revenue: Decrease Increase Total BA 21 -005 Grant Revenues $ 70,732 $ 70,732 Total $ - $ 70,732 $ 70,732 Board of Commissioners - September 8, 2020 ITEM: 4 - 4 - 1 Prior to Actions Total if Actions Taken Toda LLE Block Grant Fund Budget $ - $ 70,732 Section 2: Explanation BA 21 -005 will rollover unexpended grant expenditures and revenues from FY20 to FY21 for the grants that did not expire on June 30, 2020. The General Fund's Appropriated Fund Balance will be increased by $12,443, which represents the county's cash match. The grant rollover for the General Fund is $7,512,103, the Fire Rescue fund is $31,296 and the Local Law Enforcement Block Grant fund is $70,732. The total amount of grant rollovers for FY21 is $7,614,131. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 21 -005 amending the annual budget ordinance for the fiscal year ending June 30, 2021, is adopted. Adopted, this 8th day of September, 2020 (SEAL) Julia Olson - Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - September 8, 2020 ITEM: 4 - 4 - 2 AGENDA: September 8, 2020 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2021 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2020. Section 1: Details of Budget Amendment Strategic Focus Area: Strong Financial Performance Strategic Objective(s): Proactively manage the county budget Fund: General Department: Emergency Management Expenditure: Decrease Increase Total BA 21 -007 Public Safety- Hurricane Florence 1 $ 211,881 $ 211,881 Total $ $ 211,881 $ 211,881 Revenue: Decrease Increase 11 Total BA 21 -007 Appropriated Fund Balance S 211,881 11S 211,881 Total S $ I $ 211,881 Prior to Actions Total if Actions Today Taken Departmental Budget Is 2,325,630 1 $ 2,537 511 Appropriated Fund Balance Is 4,915,277 $ 5,127,158 Fund: Environmental Management Enterprise Fund Department: Environmental Management - Hurricane Expenditure: Decrease Increase 11 Total BA 21 -007 Environmental Management - Hurricane $ 28,991 $ 28,991 Total S $ 28,991 $ 28,991 Revenue: Decrease Increase 11 Total 13A 21 -007 Appropriated Fund Balance S 28,991 $ 28,991 Total S $ 28,991 $ 28,991 Prior to Actions Total if Actions Today Taken Departmental Budget Is 31,039,336 1 $ 31,068 327 Appropriated Fund Balance Is 6,871,948 1 1$ 6,900,939 Section 2: Explanation BA 21 -007 will roll forward the amounts budgeted for Hurricane Florence in fiscal year 2020 to fiscal year 2021 for incomplete projects. The projects currently in process are repairs the Judicial building, replacement of exhibit displays for the Cape Fear Museum and repairs to the Material Recovery Facility (MRF) roof at the Landfill. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 21 -007 amending the annual budget ordinance for the fiscal year ending June 30, 2021, is adopted. Adopted, this 8th day of September, 2020. (SEAL) Julia Olson- Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - September 8, 2020 ITEM: 4 - 5 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 9/8/2020 Regular DEPARTMENT: Tax PRESENTER(S): Allison Snell, Tax Administrator CONTACT(S): Allison Snell SUBJECT: Presentation on Proposed 2021 Schedule of Values BRIEF SUMMARY: 2021 Revaluation: In preparation for each revaluation of real property, it shall be the duty of the Assessor to see that uniform Schedules of Values, Standards and Rules to be used in appraising real property at its true value and at its present -use value are prepared and are sufficiently detailed to enable those making appraisals to adhere to them in appraising real property. The Values, Standards, and Rules required shall be reviewed and approved by the Board of County Commissioners before January 1 of the year they are applied. A copy of the Schedules are presented to the Board of County Commissioners for review. A Public Hearing on the Schedule of Values will be held at the regular Board of County Commissioners meeting on September 21, 2020 at 9:00 am or thereafter. Adoption of the Schedules of Values by the Board of County Commissioners will be scheduled for October 5, 2020. RECOMMENDED MOTION AND REQUESTED ACTIONS: Request motion to schedule a Public Hearing regarding the 2021 Schedule of Values for September 21, 2020. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Hear presentation and schedule a public hearing on September 21, 2020. COMMISSIONERS' ACTIONS: Heard presentation and scheduled a public hearing on September 21, 2020 by a vote of 4 -0. Board of Commissioners - September 8, 2020 ITEM: 5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 9/8/2020 Regular DEPARTMENT: Finance PRESENTER(S): Lisa Wurtzbacher, Chief Financial Officer CONTACT(S): Lisa Wurtzbacher SUBJECT: Consideration of Application to the Local Government Commission for the Government Center Lease Agreement BRIEF SUMMARY: After a request for qualifications process and a selection of a developer by the Board of County Commissioners (the "Board "), the Board approved a public private partnership development agreement with Cape Fear FD Stonewater, LLC (the "Developer ") on June 15, 2020 for the construction of a new government center inclusive of a new Emergency Operations and 911 Center and the development of the government center property with mixed use and commercial development. As a part of the development agreement, the Board directed the County Manager and staff to execute a lease agreement with the Developer that is contingent upon Local Government Commission approval as required by NC general Statute 159 -149. The lease agreement is in keeping with the terms consistent with the development agreement. Those terms include a lease term of twenty (20) years commencing at substantial completion of the new government center. The lease amount will not exceed $4,507,054, but may be reduced if the cost of the project is less than the estimated $48,989,720. County staff is prepared to submit an application to the Local Government Commission for approval of the lease financing agreement. Per NC general statute 159 -153, the Local Government Commission must make certain findings of fact to approve a financing arrangement. The Local Government Commission rely in part on the governing body to make those same findings as evidentiary matter to support their findings. As such, staff is requesting approval of the attached resolution making the following findings of fact: • Proposed financing is necessary and expedient • Proposed financing amount is adequate and not excessive • Debt management policies and procedures are adhered to • Budgetary and fiscal management policies have been carried out • Increase in taxes, if any, to service financing will not be excessive RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resolution. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Board of Commissioners - September 8, 2020 ITEM: 6 Adopted the resolution 4 -0. Board of Commissioners - September 8, 2020 ITEM: 6 RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA MAKING CERTAIN STATEMENTS OF FACT CONCERNING PROPOSED LEASE AGREEMENT WHEREAS, on June 15, 2020, the Board of Commissioners (the "Board of Commissioners ") of the County of New Hanover, North Carolina (the "County") approved a public private partnership development agreement with Cape Fear FD Stonewater, LLC (the "Developer ") for the purpose of constructing a new government center facility inclusive of a new Emergency Operations and 911 Center (the "Facility ") while bringing in new mixed use and commercial development to the property; and WHEREAS, as a part of the development agreement with the Developer, the County Manager and staff were directed to execute a lease for the Facility with the terms and conditions included in the development agreement and contingent upon approval of the lease agreement (the "Lease") by the Local Government Commission of the State of North Carolina; and WHEREAS, the lease terms in the development agreement with the Developer include a twenty (20) year triple net lease with a rental rate not greater than $4,507,054 commencing upon substantial completion of the Facility with contingent credit to the County based on actual savings in the cost to complete the new government center facility; and WHEREAS, certain findings of fact by the Board of Commissioners must be presented to enable the Local Government Commission of the State of North Carolina to make certain determinations as set forth in Section 159 -52 the North Carolina General Statutes, as amended. NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners, meeting in open session on the 8th day of September, 2020, has made the following factual findings in regard to this matter: A. Facts Regarding Necessity of Proposed Financing. The proposed financing is necessary and expedient to pay the costs of constructing the Facility while bringing new mixed use and commercial development to the property. B. Facts Supporting the Amount of Financing Proposed. The sum estimated for these financing is adequate and not excessive for the proposed purposes. Estimates for the proposed projects to be financed have been analyzed and determined by persons knowledgeable about the proposed projects and are subject to a guaranteed maximum price. C. Past Debt Management Procedures and Policies. The County's debt management procedures and policies are excellent and have been carried out in compliance with law. The County employs a Finance Director to oversee compliance with applicable laws relating to debt management. The Board of Commissioners requires annual audits of County finances. In connection with these audits, compliance with laws is reviewed. The County is not in default in any of its debt service obligations. The County Attorney reviews all debt - related documents for compliance with laws. D. Past Budgetary and Fiscal Management Policies. The County's budgetary and fiscal management policies have been carried out in compliance with laws. Annual budgets are closely reviewed by the Board of Commissioners before final approval of budget ordinances. Budget amendments changing a function total or between functions are presented to the Board of Commissioners at regular Board of Commissioners meetings. The Finance Director presents financial information to the Board of Commissioners which shows budget to actual comparisons annually and otherwise as the Board of Commissioners - September 8, 2020 ITEM: 6 - 1 - 1 County Manager deems necessary or as a member of the Board of Commissioners may request. E. Increase in Taxes. The increase in taxes, if any, necessary to service the financing will not be excessive. F. Financing Method Preferable to Bond Offering: Although the cost of financing the Facility pursuant to the Lease is expected to exceed the cost of financing the same pursuant to a bond financing for the same undertaking, the County hereby determines that the cost of financing the Facility pursuant to the Lease is preferable to a general obligation bond financing or revenue bond financing for several reasons, including but not limited to the following: (1) the cost of a special election necessary to approve a general obligation bond financing, as required by the laws of the State, would result in the expenditure of significant funds; (2) the time required for a general obligation bond election would cause an unnecessary delay which would thereby decrease the financial benefits of the Facility; (3) insufficient revenues are produced by the Facility so as to permit a revenue bond financing; and (4) the County has negotiated with the Developer to provide mixed use and commercial development in connection with construction of the Facility; G. No Default. The County is not in default under any of its debt service obligations; H Effective Date. This Resolution is effective immediately on its adoption. ADOPTED this 8th day of September, 2020. ATTEST: Clerk to the Board APPROVED AS TO FORM: County Attorney Chair of the Board of Commissioners Board of Commissioners - September 8, 2020 ITEM: 6 - 1 - 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 9/8/2020 Regular DEPARTMENT: Planning PRESENTER(S): Brad Schuler, Senior Planner CONTACT(S): Brad Schuler and Wayne Clark, Planning & Land Use Director SUBJECT: Public Hearing Rezoning Request (Z20 -12) - Request by Ward and Smith, P.A. on Behalf of the Property Owner, Ridgewood Gardens Health Investors, LLC, to Rezone Approximately 29.96 Acres of Land Located at 8704 "Old" Market Street /Futch Creek Road from B -1, Neighborhood Business District, and R -15, Residential District, to UMXZ, Urban Mixed Use Zoning District, in Order to Develop a Mixed -Use Senior Living Project BRIEF SUMMARY: The applicant is seeking to rezone approximately 30 acres of land located at 8704 "Old" Market Street /Futch Creek Road from B -1 and R -15 to UMXZ in order to develop a mixed -use senior living project. The proposed development includes a total of 342 units at an overall density of 11.4 du /ac. The units will be divided among independent living (186 units within a four -story multi- family building, 52 units within one -story cottages), assisted living (100 units) and within a mixed use building (4 units). The subject site is currently split zoned. Approximately 16 acres on the eastern side of the site is zoned R -15. The remaining 13.9 acres along "Old" Market Street is zoned B -1. Currently, the 16 acres zoned R -15 would be permitted up to 40 dwelling units under the county's performance standards at a maximum density of 2.5 du /ac. The existing B -1 zoning is generally estimated to support about 150,000 square feet of traditional commercial uses (office, retail, and restaurant related uses) based on typical 25% building area for this type of zoning. The applicant also provided a potential estimate of commercial uses that are permitted by -right in the B -1 district and could be developed on the site. Those uses include a shopping center, fast food restaurant, and office building totaling 71,000 sf feet, which is a more conservative market estimate of development potential for the property. As currently zoned utilizing the moderate scale and diversity of possible uses provided by the applicant, it is estimated the site would generate over 250 trips during the AM peak and over 200 trips in the PM peak. The proposed U MXZ development is estimated to decrease the projected trips by approximately 130 -230 in the peak hours generating about 50 trips in the AM peak and 90 trips in the PM peak. The recently approved nearby development, The Oaks at Murray Farm, completed a Traffic Impact Analysis (TIA) which studied intersections within the general area. That analysis found that the intersection of "Old" Market Street /Futch Creek Road at Hwy 17 will operate at Level of Service (LOS) C when The Oaks at Murray Farm project is expected to be completed in 2023. In addition, The Oaks at Murray Farm project will install a second right turn lane at the intersection on "Old" Market Street /Futch Creek Road. The TIA also found that the nearby u -turn lane on Hwy 17 to the north will also operate at LOS C (AM) and B (PM) when The Oaks at Murray Farm project is completed in Board of Commissioners - September 8, 2020 ITEM: 7 2023. This analysis generally indicates capacity is available at these intersections and the proposed mixed -use senior living project is expected to result in a decrease in traffic compared to by -right uses under the existing zoning. The Porters Neck community contains similar developments (The Davis Community and Plantation Village) that are considered compatible with nearby residential communities. This site is located next to a major road corridor, "Old" Market Street /Hwy 17. The proposed development reduces the size and variety of commercial uses that are currently permitted on the site. The master plan also positions the one -story cottages in the area around existing single - family developments to enhance compatibility. The 2016 Comprehensive Plan classifies the site as a transitional area between the Community Mixed Use and General Residential place types. 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 classification. The proposed U MXZ rezoning is generally CONSISTENT with the Comprehensive Plan because it allows for the types of support services and residential uses recommended. In addition, it provides an orderly transition between a major road corridor and lower density housing. The Planning Board considered this application at their August 6, 2020 meeting. No one from the public spoke in opposition to, or in favor of, the proposal. The Planning Board recommended approval of the application (5 -0 - Boney recused, Rawl absent), finding it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it allows for the types of support services and residential uses recommended in the plan. In addition, it provides an orderly transition from a major road corridor to lower density housing. The Board also found APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would benefit the community by providing diverse housing options and is expected to reduce the amount of traffic that could be generated under the existing zoning. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff concurs with the Planning Board's recommendation and suggests the following motion: I move to APPROVE the proposed rezoning to a U MXZ district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it allows for the types of support services and residential uses recommended in the plan. In addition, it provides an orderly transition from a major road corridor to lower density housing. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would benefit the community by providing diverse housing options and is expected to reduce the amount of traffic that could be generated under the existing zoning. [Optional] Note any conditions to be added to the district. Example Motion for Denial I move to DENY the proposed rezoning to a U MXZ district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it allows for the types of support services and residential uses recommended in the plan, 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 - September 8, 2020 ITEM: 7 Recommend approval as presented by staff. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - September 8, 2020 ITEM: 7 SCRIPT for Zoning Map Amendment Application (Z20 -12) Request by Ward and Smith, P.A. on behalf of the property owner, Ridgewood Gardens Health Investors, LLC, to rezone approximately 29.96 acres of land located at 8704 "Old" Market Street /Futch Creek Road from B -1, Neighborhood Business District, and R -15, Residential District, to UMXZ, Urban Mixed Use Zoning District, in order to develop a mixed -use senior living project. 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 for Approval I move to APPROVE the proposed rezoning to a UMXZ district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it allows for the types of support services and residential uses recommended in the plan. In addition, it provides an orderly transition from a major road corridor to lower density housing. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would benefit the community by providing diverse housing options and is expected to reduce the amount of traffic that could be generated under the existing zoning. [Optional] Note any conditions to be added to the district. Board of Commissioners - FEM: 7 - - Alternative Motion for Denial I move to DENY the proposed rezoning to a UMXZ district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it allows for the types of support services and residential uses recommended in the plan, 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. Alternative Motion for Approval /Denial: I move to [Approve /Deny] the proposed rezoning to a UMXZ 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] STAFF REPORT FOR Z20 -12 ZONING MAP AMENDMENT APPLICATION APPLICATION SUMMARY Case Number: Z20-12 Request: Rezoning to an Urban Mixed Use Zoning District Applicant: Property Owner(s): Samuel B. Franck — Ward and Smith, P.A. Ridgewood Gardens Health Investors, LLC Location: Acreage: 8704 "Old" Market Street /Futch Creek Road 29.96 PID(s): Comp Plan Place Type: R02900-003-513-000 Community Mixed Use /General Residential Existing Land Use: Proposed Land Use: Undeveloped Mixed Use Development Current Zoning: Proposed Zoning: B -1 and R -15 UMXZ SURROUNDING AREA LAND USE ZONING North Retail, Townhomes, Single - Family Residential B -1, R -7, R -15 East Single - Family Residential R -15 South Undeveloped, Single - Family Residential B -2, R -15 West Hwy 17 /Market Street Interchange N/A Z20 -1 2 Staff Report BOC 9.8.2020 Board of Commissioners - September 8, 2020 ITEM: 7 - 2 - 1 Page 1 of 14 ZONING HISTORY Water /Sewer July 6, 1971 Initially zoned R -15 (Area 5) August 1, 2005 Board of Commissioners voted to rezone a portion of the site to B -1, New Hanover County Fire Services, New Hanover County Northern Fire effective upon the opening of 1 -140 (Z -799) COMMUNITY SERVICES Water /Sewer Water and sewer will be provided by CFPUA. Specific 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 Porters Neck Schools Porters Neck Elementary, Holly Shelter Middle, and Laney High schools (No impacts expected due to age- restriction for senior housing) Recreation Ogden Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES The County's Conservation Resources Map indicates that pocosin wetlands may be present on the site. Previous evaluation of the site from the mid - Conservation 2000s delineated approximately 2.2 acres of wetlands on the site. Verification of regulated wetlands will be required during the site plan review process. Conservation space is required for pocosin or swamp forest wetlands when at least five acres of the resource exists on the property. Historic No known historic resources Archaeological No known archaeological resources Z20 -1 2 Staff Report BOC 9.8.2020 Board of Commissioners - September 8, 2020 ITEM: 7 - 2 - 2 Page 2 of 14 APPLICANT'S PROPOSED CONCEPTUAL PLAN Includes Staff Markups • The UMXZ district is considered to be a type of conditional zoning district and includes a conceptual site plan illustrating the location and intensity of all major land uses. Conceptual site plans for UMXZ districts are intended to be in a bubble format that illustrate the general location and intensity of the land uses within the development, similar to what is used for Planned Development zoning proposals. • In addition to requiring a mix of residential and nonresidential uses, the UMXZ district requires specific layout and design standards which will be verified by the Technical Review Committee (TRC) during the site plan review process. These standards include providing pedestrian access and connectivity, incorporating architectural design elements, and locating the parking to the rear and side of the buildings. • The proposed mixed -use development includes a total of 342 units at an overall density of 11.4 du/ac. The proposal will consist of: • Independent Retirement Community ■ Maximum of 238 units. 186 units will be within a 280,000 square foot four - story multi - family building with a maximum height of 45 feet (however, the building height will be limited to 30 feet within 150 feet of the northern property line). 52 units will be within 16 one -story cottages. The cottages will have a maximum of 4 units within each structure. • Assisted Living Facility ■ Maximum of 100 units (1 10 beds) within a 90,000 square foot three -story assisted living facility with a maximum height of 45 feet. • Mixed -Use Building ■ 4,000 square feet of office /personal services space on first floor and 4 residential units totaling 8,000 square feet on the 2nd and 3rd floors with a maximum height of 45 feet. Z20 -1 2 Staff Report BOC 9.8.2020 Page 3 of 14 Board of Commissioners - September 8, 2020 ITEM: 7 - 2 - 3 ZONING CONSIDERATIONS • The subject site is currently split zoned. Approximately 16 acres on the eastern side of the site is zoned R -15. The remaining 13.9 acres along "Old" Market Street is zoned B -1. • Currently, the 16 acres zoned R -15 would be permitted up to 40 dwelling units under the County's performance standards at a maximum density of 2.5 du/ac. • The existing B -1 zoning is generally estimated to support about 150,000 square feet of traditional commercial uses (office, retail, and restaurant related uses) based on typical 25% building area for this type of zoning. The applicant also provided a potential estimate of commercial uses that are permitted by -right in the B -1 district and could be developed on the site. Those uses include a shopping center, fast food restaurant, and office building totaling 71,000 sf feet, which is a more conservative market estimate of development potential for the property. • The proposed plan clusters the majority of the dwelling units and all of the multi- storied buildings closer to "Old" Market Street where there is existing commercial zoning, a commercial business (Scott's Hill Hardware), and where townhomes are located north of the site (Villages at Plantation Landing). The one -story cottages and stormwater facilities are located in the south and east of the site closer to existing single - family housing (Plantation Landing and Grayson Park). • A minimum 35 -foot setback and 20 -foot buffer is required along the existing single - family development. Many of the proposed cottages will exceed this requirement as a result of the location of the stormwater facilities. AREA SUBDIVISIONS UNDER DEVELOPMENT Z20 -1 2 Staff Report BOC 9.8.2020 Page 4 of 14 Board of Commissioners - September 8, 2020 ITEM: 7 - 2 - 4 ' O7evelaoment !'Oaks at Murray Farm fiotal Units Built 300 i Rema nag 300 1 Scotts Hills Village 233 28 t 'Waterstone 167 44 123 t 94 � MO Z20 -1 2 Staff Report BOC 9.8.2020 Page 4 of 14 Board of Commissioners - September 8, 2020 ITEM: 7 - 2 - 4 TRANSPORTATION • The site is accessed by "Old" Market Street/Futch Creek Road, a NCDOT maintained collector road. JZ20 -121 r II . .1 �'I`I► �i1�'I�' �I� � I .x!,1'!!1 ��,►��i'�.� ice.. ,��1� Secondary Access Primary Routes to Arterial Streets Z20 -1 2 Staff Report BOC 9.8.2020 Board of Commissioners - September 8, 2020 ITEM: 7 - 2 - 5 Page 5 of 14 • As currently zoned utilizing the list of possible uses provided by the applicant, it is estimated the site would generate over 250 trips during the AM peak and over 200 trips in the PM peak. The proposed UMXZ development is estimated to decrease the projected trips by approximately 130-230 in the peak hours. Net Change from Applicant's Estimated Development: -233 AM / -135 PM • The recently approved nearby development, The Oaks at Murray Farm, completed a Traffic Impact Analysis (TIA) which studied intersections within the general area. o That analysis found that the intersection of "Old" Market Street /Futch Creek Road at Hwy 17 will operate at a Level of Service (LOS) C when The Oaks at Murray Farm project is expected to be completed in 2023. In addition, The Oaks at Murray Farm project will install a second right turn lane at the intersection on "Old" Market Street /Futch Creek Road. o The TIA also found that the nearby u -turn lane on Hwy 17 to the north will also operate at a LOS C (AM) and B (PM) when The Oaks at Murray Farm project is completed in 2023. O This analysis generally indicates capacity is available at these intersections and the proposed use is projected to result in a decrease in traffic compared to by -right uses under the existing zoning. Z20 -1 2 Staff Report BOC 9.8.2020 Board of Commissioners - September 8, 2020 ITEM: 7 - 2 - 6 Page 6 of 14 Intensity Approx. Peak Hour Trips Existing ■ Undeveloped 0 AM / 0 PM Development: Possible Development under ■ 150,000 sf shopping center 260 AM / 526 PM Current Zoning ' 40 single - family homes ■ 20,000 sf shopping center related uses Applicant's Estimated . 1 1,000 sf fast food restaurant Development under 285 AM / 225 PM Current Zoning: ' 40,000 sf office ■ 31 low rise multi - family housing (ex. Townhomes, condos) ■ 56 -unit Senior Attached Housing ■ 186 -unit Congregate Care Proposed UMXZ Facility 52 AM / 90 PM Development: p 1 00 -unit Assisted Living Facility (1 10 beds) ■ 4,000sf office /salon Net Change from Applicant's Estimated Development: -233 AM / -135 PM • The recently approved nearby development, The Oaks at Murray Farm, completed a Traffic Impact Analysis (TIA) which studied intersections within the general area. o That analysis found that the intersection of "Old" Market Street /Futch Creek Road at Hwy 17 will operate at a Level of Service (LOS) C when The Oaks at Murray Farm project is expected to be completed in 2023. In addition, The Oaks at Murray Farm project will install a second right turn lane at the intersection on "Old" Market Street /Futch Creek Road. o The TIA also found that the nearby u -turn lane on Hwy 17 to the north will also operate at a LOS C (AM) and B (PM) when The Oaks at Murray Farm project is completed in 2023. O This analysis generally indicates capacity is available at these intersections and the proposed use is projected to result in a decrease in traffic compared to by -right uses under the existing zoning. Z20 -1 2 Staff Report BOC 9.8.2020 Board of Commissioners - September 8, 2020 ITEM: 7 - 2 - 6 Page 6 of 14 Nearby Planned Transportation Improvements and Traffic Impact Analyses Traffic Impact Analyses Approved Under Review Under Draft -- STIP Project „. Miles 0 0.25 0.5 Scotts Hill Medical TIA Approved Z20 -12 1 Mile Radius The Oaks at Murray Farm TIA Approved Waterstone TIA Approved PORTERSN €CK • 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 by 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. • 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 by early 2023. Z20 -1 2 Staff Report BOC 9.8.2020 Page 7 of 14 Board of Commissioners - September 8, 2020 ITEM: 7 - 2 - 7 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 • 204 Apartments 1. The Oaks at Murray • 34 Duplex Units • Approved December 6, Farm • 62 Single - Family 2019 • Full Build 2023 Park Dwellings 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 "Old" Market Street at Hwy 17 • Revising signal plan to modify phase at the Hwy 17 and "Old" Market Street intersection. Nearby Proposed Developments included within the TIA: • Waterstone Development Status: No construction has occurred at this time. *The TIA analyzed 406 dwelling units on the subject site. Shown are the 300 units approved by the Board of Commissioners. Proposed Development Land Use /Intensity TIA Status • 132,000 sf Office • 18,000 sf Medical Office • Approved August 5, 2019 2. Scotts Hill Medical • 32,000 sf Shopping • Phase 1 & 2: 2020 Build Out Park Center Year • 9,000 sf Pharmacy with • Full Build 2022 Drive - Through The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Installation of a northbound U -turn lane on US 17 south of Scott Hill Loop Road. • Installation of a southbound left turn lane on US 17 at Scoots Hill Medical Drive. • Installation of a northbound right turn lane, removal of the barrier from the southbound left turn lane, and signalization of the intersection on US 17 at the site's southern access point. Nearby Proposed Developments included within the TIA: • Scotts Hill Village • Coastal Prep Academy Development Status: Phase 1 of the medical park has been platted consisting of 3 lots. Currently, one office building has been constructed. No roadway improvements have been completed at this time. Z20 -1 2 Staff Report BOC 9.8.2020 Board of Commissioners - September 8, 2020 ITEM: 7 - 2 - 8 Page 8 of 14 Proposed Development Land Use /Intensity TIA Status 3. 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. ENVIRONMENTAL • The property is not within a Natural Heritage Area or Special Flood Hazard Area. • The property is within the Futch Creek (SA;HQW) watershed. • 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 limitation) soils, however, the project will connect to CFPUA sewer services. CONTEXT AND COMPATIBILITY • The western boundary of the project is located adjacent to "Old" Market Street and Hwy 17, a major arterial street. • About half of the property is currently zoned for commercial uses. The proposed plan limits the amount of commercial uses that could be developed on the currently zoned B -1 portion of the site to office and personal services. • The proposed master plan positions the taller buildings closer to existing commercial zoning and attached housing. Lower density housing and stormwater facilities are proposed along the existing adjacent single - family neighborhoods. • Senior living retirement communities generally generate less traffic than non -age restricted residential developments. In addition, the proposal is estimated to decrease the trips generated from the site as currently zoned because it reduces the size and variety of commercial uses that are currently permitted on the commercially zoned portion of the site. • Senior living retirement communities generally do not impact the school system. • There are similar developments in the Porters Neck community (The Davis Community, Plantation Village) that have functioned effectively with nearby residential areas for many years. Z20 -1 2 Staff Report BOC 9.8.2020 Page 9 of 14 Board of Commissioners - September 8, 2020 ITEM: 7 - 2 - 9 Representative Developments of Senior Living Projects: Plantation Village — Multi- Family Plantation Village - Quadplexes The Davis CommunitylPlantation Village Z20 -1 2 Staff Report BOC 9.8.2020 Board of Commissioners - September 8, 2020 ITEM: 7 - 2 - 10 Page 10 of 14 Representative Developments of R -15: Grayson Park Clay Crossing t" f 4 p� a Plantation Landing Representative Developments of B -1: �.r Z20 -1 2 Staff Report BOC 9.8.2020 Board of Commissioners - September 8, 2020 ITEM: 7 - 2 - 11 Page 11 of 14 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 -1 2 Staff Report BOC 9.8.2020 Board of Commissioners - September 8, 2020 ITEM: 7 -2-12 Page 12 of 14 Community Mixed Use and General Residential Future Land Use Because of the general nature of place type borders, sites located in Map Place Type 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 Place Type and single - family residential. 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. Z20 -1 2 Staff Report BOC 9.8.2020 Board of Commissioners - September 8, 2020 ITEM: 7 -2-12 Page 12 of 14 The subject property is located along the portion of Market St. that runs parallel to the 1 -140 interchange just north of Porters Neck. The only direct access to the site is off of Market St., which is approximately one quarter mile from the intersection at Highway 17. Existing development in the area is primarily single - family neighborhoods with a townhome development and some business and commercial zoning along Market Street. The subject property is just over one -mile north of the Porters Neck commercial node, allowing for access to basic goods and services. Additionally, the property is approximately one -mile south of the Scotts Hill Medical Center. The subject property of approximately 30 acres is designated Community Mixed Use (approx. 14 acres) along Market St. and General Residential (approx. 16 acres) further east, closer to the existing single - family residential. In general, the Comprehensive Plan designates areas along roadways for higher residential densities and a mix of uses and those near existing neighborhoods as General Residential in order to allow for an orderly transition of densities and intensities. The comprehensive plan is a guiding policy document and while it provides general direction, it does not regulate standards the same way as a development ordinance, allowing for some flexibility based on site specific Analysis conditions. The overall density, including the assisted living facility and independent retirement community, is 1 1.4 units per acre and is in line with the 15 units per acre recommended for Community Mixed Use areas. The site design of this proposed project locates the one -story cottages and stormwater facilities on the south and east of the site closer to existing single - family housing. While the taller multi- storied buildings are located on the western half of the site closer to existing commercial zoning. In addition, many of the proposed housing units will exceed the setback and buffers required by the ordinance. One of the proposed buildings is one story taller than preferred for the Community Mixed Use place but still within the building height limits of the zoning district. Due to the central location of the building on the site, the proposed height is appropriate for an independent living building. It is in line with the height of structures in the other senior living communities such as Plantation Village and the recently approved Davis Community expansion. The proposed rezoning to allow for the senior living facilities and mixed - used would be appropriate for the Community Mixed Use and General Residential areas. Additionally, the proposed project would allow for a mixture of housing types and land uses. Z20 -1 2 Staff Report BOC 9.8.2020 Board of Commissioners - September 8, 2020 ITEM: 7 -2-13 Page 13 of 14 The proposed UMXZ rezoning is generally CONSISTENT with the Community Mixed Use and General Residential place types because it allows for the types of support services and residential uses recommended in the Consistency Comprehensive Plan. The site is designed in a way that allows the orderly Recommendation transition from higher density and mixed use near the major road corridor to lower density residential towards the rear adjacent to existing residential neighborhoods. It also allows for a range of housing types and land uses in the area. PLANNING BOARD ACTION The Planning Board considered this application at their August 6, 2020 meeting. No one from the public spoke in opposition to, or in favor of, the proposal. The Planning Board recommended approval of the application (5 -0 — Boney recused, Rawl absent), finding it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it allows for the types of support services and residential uses recommended in the plan. In addition, it provides an orderly transition from a major road corridor to lower density housing. The Board also found APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would benefit the community by providing diverse housing options and is expected to reduce the amount of traffic that could be generated under the existing zoning. STAFF RECOMMENDATION Staff concurs with the Planning Board recommendation and suggests the following motion: I move to APPROVE the proposed rezoning to a UMXZ district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it allows for the types of support services and residential uses recommended in the plan. In addition, it provides an orderly transition from a major road corridor to lower density housing. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would benefit the community by providing diverse housing options and is expected to reduce the amount of traffic that could be generated under the existing zoning. [Optional] Note any conditions to be added to the district. Example Motion for Denial I move to DENY the proposed rezoning to a UMXZ district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it allows for the types of support services and residential uses recommended in the plan, 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 -1 2 Staff Report BOC 9.8.2020 Board of Commissioners - September 8, 2020 ITEM: 7 -2-14 Page 14 of 14 Case: Site Address: Z20 -12 8700 block Market St CUD'O &1' I ' � #0III#0 I II s I� Subject Site b �v r4 v T -ST 5� 750 Feet IA Existing Zoning/Use: oning /Use: B -1 & R -15/ Undeveloped CZD. B -1' ♦ ♦ ♦ �'.. ♦♦ aY ♦ of Co 4smoners S I :7 3 -1 (2 Proposed Use /Zoning_ UMXZ /Senior Living N R =15 Zoning Districts AC EDZD PD 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) COD See Section 55.1 of the Zoning Ordinance Incorporated Areas a SHOD Case: Site Address: Existing Zoning /Use: Proposed Use /Zoning: Z20 -12 8700 block B -1 & R -15/ UMXZ /Senior Living Market St Undeveloped N X00 STEPHENS CHVFt �R- SRO O� �O Subject Site OOD_G� FwF, �A ° �PtT -srI E.\- GENERAL `T RESIDENTIAL ,�o so oti Place Types 9,Q cqs N COMMERCE ZONE EMPLOYMENT CENTER GENERAL RESIDENTIAL URBAN MIXED USE O COMMUNITY MIXED USE 750 RURAL RESIDENTIAL O Feet oard of Co is oners Septem 0 0'F� CONSERVATION VZA I M:7 4 -1 Case: LLV- IL A- Site Address: 8700 block Market St 8651 8651 8651 ® ®8651 • 8651 8651 • 0 8651 8735\ 8651 • 8651 • 8651 8651 `$73 8651 8651 8651 1 • 0 651 • 8651 G �� STEPHENS'CHUR Subject Site 8604 • 750 Feet T] Neigh Existin Zoning/Use: oning /Use: B -1 & R -15/ Undeveloped Proposed Use /Zoning_ UMXZ /Senior Living 8997 �uyyu 8978 225 \\ " —(J � �(0 9�4 \ 237 233 Q 8740 • "89664213 209 Q 871�897 20`42,1 7' 228 24 8915 08 0 g X8905 O� 95"19 12,1— 8916 /< �•' \� 8955 120 //�� • 8912 8901 0 /�Q- 1.14 87.71�,�Z67`• • 8908 408 A 8883` 108-8759/ 8909 C 9�/ 8879` 8762 891, 5/ e8905 \`• 8878 /9 8716 8751 J� �•I\8900' /t8867� 8750 8758 8901 8879��88jO 8871 •%8863 8883,8875 8862 8 9 8859 06//\' 8855 720 8871` 866 8954 ! 58\ 88865 5 8 \ /• \885 > 8861: 8 / 8850 • 8853�O 8846 • 8704 8849 89070, 6& • 8840 • 8`- t� 8691 687 0/- 867 `IN OVA 8682+ 8674,,, 86830 \/ /0/866` 8679 0 8675 �`�7,/8658 101 8 67 8663-86-62/ 663 866 r 8` � • �V• TNT % 865 05 • 8659486"55 109 /8647` �8 115 •/ y oners S :7 5 -1 302 • E 310 • 306 8836 314 rl 883 �O 318; 322-0 •325 8829 326 09J; �29 330 � ti j 33•� 334 %��!V�� 3 / r - \i • \ 9 8,\34.8630 338 • 34\ 25 l 8626 0 8705 8709 342 861,1 8701 - -� • /� 8622 • /8704 8701 8618 �y�P �• • 1 8606 <<,201 205 0 8755 • .WAY, N R -15 ♦♦ I hx �I ♦I i R I 7, o . " Site B -1 ap R -20 I ♦ RMF L 8755 • .WAY, APPLICANT MATERIALS Board of Commissioners - September 8, 2020 ITEM: 7 - 6 - 1 NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 1 10 Wilmington, North Carolina 28403 Telephone (910) 798 -7165 FAX (910) 798 -7053 planningdevelopment.nhcgov.com MASTER PLANNED DEVELOPMENT APPLICATION This application form must be completed as part of a master planned development application submitted through the county's online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the application, are set out in Section 10.3.4 of the Unified Development Ordinance. IPublic Hearing Procedures I 1 2 3 4 5 6 7 8 Pre - Application Community Application Planning Public Hearing Planning Board Board of Post - Decision Conference Information Submittal & Director Review Scheduling & Hearing & Commissioners Limitations and Meeting Acceptance & Staff Report Notification Recom- Hearing & Actions JRC Optional) mendation Decision 1. Applicant and Property Owner Information Applicant /Agent Name Owner Name (if different from Applicant /Agent) Samuel B. Franck Ridgewood Gardens Health Investors, LLC Company Company /Owner Name 2 Ward and Smith, P.A. Existing Zoning and Use(s) Address Address 127 Racine Dr. 2334 41 st Street City, State, Zip City, State, Zip Wilmington, NC 28403 Wilmington, NC 28403 Phone Phone 910.794.4835 919.612.7002 Email Email sbf @wardandsmith.com tmoore @libertyseniorliving.com 2. Subject Property Information Address /Location Parcel Identification Number(s) 8704 Market Street Portion of R02900- 003 - 513 -000 Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification 29.956 Acres R -15 and B -1 UMXZ Applicant Tracking Information (This section completed by staff) Case Number. I Date /Time Received: I Received by: Board of Commissioners - September 8, 2020 Page 1 of 6 ITEM: 7 - 7 - 1 MDP Rezoning Application — Updated 2 -2020 3. Proposed Zoning, Use(s), & Narrative Proposed Zoning District: Total Acreage of Proposed District: Please provide a project narrative, describe the purpose of the master planned development, and list the uses that will be allowed (attach additional pages if necessary). See Addendum A. 4. Traffic Impact Please provide the estimated number of trips generated for the project's proposed maximum density and intensity based off the most recent version of the Institute of Traffic 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: See attached memo of 7/28/20 Trip Generation Use and Variable (gross floor area, dwelling units, etc.) See attached memo of 7/28/20 AM Peak Hour Trips: See attached memo of 7/28/20 PM Peak Hour Trips: See attached memo 7/28/20 Board of Commissioners - September 8, 2020 Page 2 of b ITEM: 7 - 7 - 2 MDP Rezoning Application — Updated 2 -2020 5. Master Planned Development Considerations Please explain how the proposed development meets the following criteria (attach additional pages if necessary). 1. How would the requested change be consistent with the County's policies for growth and development, as described in the 2016 Comprehensive Plan, applicable small area plans, etc. See Addendum B. 2. How would the requested development be consistent with the property's classification on the 2016 Comprehensive Plan's Future Land Use Map. See Addendum B. 3. How does the proposed master planned development meet the required elements and intent of the proposed zoning district? See Addendum B. Board of Commissioners - September 8, 2020 Page 3 of 6 ITEM: 7 - 7 - 3 MDP Rezoning Application — Updated 2 -2020 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 ". Applications determined to be incomplete must be corrected in order to be processed for further review. Application Checklist Applicant Initial Staff Initial ❑ This application form, completed and signed ❑ Application fee: • $600 for 5 acres or less ��)$700 for more than 5 acres • $300 in addition to base fee for applications requiring TRC review ❑ Community meeting written summary G ❑ Traffic impact analysis (if applicable) N/A N/A ❑ Legal description (by metes and bounds) or recorded survey Map Book and Page Reference of the property requested for rezoning ❑ A copy of the title to all land that is part of the proposed master planned development district to demonstrate unified control ❑ Master Development Plan (MDP) Master Plan including the elements listed on the attached checklist: ❑ Proposed MDP Terms & Conditions Document specifying • Conditions related to approval of the application for the master planned development zoning district classification; • References to the MDP Master Plan, including any density /intensity standards, dimensional standards, and development standards; • Conditions related to the approval of the MDP Master Plan, including any conditions related to the form and design of development shown in the MDP Master Plan; • Provisions addressing how transportation, potable water, wastewater, stormwater management, and other infrastructure will be provided to accommodate the proposed development; • Provisions related to environmental protection and monitoring; and • Any other provisions relevant and necessary to the development of the master planned development in accordance with applicable standards and regulations. l >> ❑ One (1) hard copy of ALL documents AND,9hard copies of the site plan. Additional hard copies may be required by staff de p nding on the size of the document //site plan. )6,4 ❑ One (1) digital PDF copy of ALL documents AND plans Board of Commissioners - September 8, 2020 Page 4 of 6 ITEM: 7 - 7 - 4 MDP Rezoning Application — Updated 2 -2020 6. Acknowledgement and Signatures By my signature below, I understand and accept all of the conditions, limitations, and obligations of the Master Planned Development zoning for which I am applying. I understand that the existing Official Zoning Map is presumed to be correct. 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 comments; 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) nature o pplicant /Agent Print Name(s) Samuel B. Franck Print Name Note: This 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, 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. Board of Commissioners - September 8, 2020 Page 5 of 6 ITEM: 7 - 7 - 5 MDP Rezoning Application — Updated 2 -2020 Print Form 230 Government Center Drive Suite 110 Wilmington, NC 28403 910 - 798 -7165 phone 910- 798 -7053 fax www.nhcgov.com Please note that for quasi - judicial proceedings, either the land owner or an attorney must be present for the case at the public hearing. The undersigned owner does hereby appoint an authorized the agent described herein as their exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and /or an appeal of Staff decisions applicable to the property described in the attached petition. The Agent is hereby authorized to, on behalf of the property owner: 1. Submit a proper petition and the required supplemental information and materials 2. Appeal at public meetings to give representation and commitments on behalf of the property owner 3. Act on the property owner's behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning Ordinance. Name Owner Name Address Samuel B. Franck Ridgewood Gardens Health Investors, Ll 8704 Market Street Company Owner Name 2 City, State, Zip Ward and Smith, PA New Hanover County, NC Address Address Parcel ID 127 Racine Dr, 2334 41st Street Portion of R02900- 003 - 513 -000 City, State, Zip City, State, Zip Wilmington, NC 28403 Wilmington, NC 28403 Phone Phone 910.794.4835 919,612,7002 Email Email sbf@wardandsmith.com tmooreglibertyseniorliving.com Case Number Reference: Date/Time received: This document was willfully executed on the Received by: 8th July 20 day of , 20 Ow er 1 Signature Owner 2 Signature By: Liberty Real Properties, LLC Manager, Ronald B. McNeill Board of Commissioners - September 8, 2020 09/14 ITEM: 7 - 7 - 6 Master Planned Development (MPD) Master Plan Requirements Checklist Requirements for All MPD Districts (UMXZ, RFMU, EDZD, PD) Tract boundaries and total area, location of adjoining parcels and roads Proposed use of land, structures and other improvements, including general building types, density /intensity, pedestrian and vehicular circulation, and public facilities Proposed resource protection and open space areas Development schedule, including proposed phasing All existing and proposed easements, reservations, required setbacks, rights -of -way, and buffering The location of Special Flood Hazard Areas, if applicable Location, species, and size (DBH) of regulated tree Additional Requirements for EDZD Districts Map showing location of existing public water and sewer lines, roadway classification, existing or planned bicycle and pedestrian facilities, schools, parks, employers, and shopping districts within a 1/2 mile of the outermost project boundary N/A Proposed location, size, and type of signage N/A Inventory of existing environmental, cultural, historical, and natural site attributes N/A Calculations of the requested density /intensity and documentation supporting the award of points for any density N/A bonus Additional Requirements for PD Districts Existing topographic information with 2 -foot contour intervals N/A All water courses, mean high water lines, and unique natural features N/A Estimated square footage and acreage table for all commercial, industrial, and office and institutional areas N/A All adjoining land uses and zoning districts N/A School sites being reserved and recreational areas to be dedicate for public use, if applicable N/A Calculations of the requested density /intensity and documentation supporting the award of points for any density bonus N/A Board of Commissioners - September 8, 2020 Page 6 of 6 ITEM: 7 - 7 - 7 MDP Rezoning Application — Updated 2 -2020 Addendum A to Master Planned Development Application Proposed Zoning, Uses, and Narrative Please provide a project narrative, describe the purpose of the master planned development, and list the uses that will be allowed: Ridgewood is requesting to rezone property located at 8704 Market Street in New Hanover County ( "Property ") from its current zoning of Residential 15 ( "R -15 ") and Neighborhood Business ( "13-1") to an Urban Mixed Use Zoning District ( "UMXZ ") to allow a mixed use development including Senior Living, Assisted Living, independent living, office, and potentially, Personal Services, uses in accordance with New Hanover County's ( "County ") Unified Development Ordinance ( "UDO "). The rezoning will provide the opportunity to create a senior living community comprised of independent living cottages with a total of fifty -two (52) units, a healthcare building with assisted living with capacity for one hundred (100) units, a single Senior Living Independent Living facility with up to one hundred eighty -six (186) units, and a residential, office and retail building with up to four (4) residential units and roughly four thousand (4000) square feet of office or personal services space on the ground floor. ND: 4837 - 1967 -7889, v. 5 Board of Commissioners - September 8, 2020 ITEM: 7 - 7 - 8 Addendum B to Master Planned Development Application Master Planned Development Considerations Please explain how the proposed development meets the following criteria: 1) How would the requested change be consistent with the County's policies for growth and development, as described in the 2016 Comprehensive Plan, applicable small areas plans, etc.? The proposed UMXZ rezoning would be consistent with the significant planning goals and objectives in New Hanover County ( "County ") favoring a mix of housing types and land uses, job and tax base creation, and smart planning strategies for infill of existing development. The proposed senior living development is consistent with the themes and objectives of the County's 2016 Comprehensive Plan ( "2016 Plan ") in many ways, including these specific items: • "Livable Built Environment" to ensure that all elements of the built environment, including land use, transportation, housing, energy, and infrastructure work together to provide sustainable, green places for living, working, and recreation to provide a high quality life. The project provides a mix of housing and open space areas with a focus on retaining trees and providing green space in excess of what's required by the land use code. "Harmony with Nature" to ensure the contributions of natural resources are being explicitly recognized and valued and to maintain their health. The project includes an innovative approach to stormwater and drainage design to ensure that the development treats all stormwater on site with a focus on eliminating any negative impact on adjacent properties. Ridgewood has also intentionally left a significant tree line around most of the Property screening all residential uses from the site to promote the existing ecology and limit an impact from the height of the development. "Resilient Economy" to ensure that the community is prepared to deal with both positive and negative changes in its economic health and to initiate sustainable urban development that foster growth. The County is experiences a rapid increase in the population of its citizens who need sustainable, well- designed senior living options. Rather than force those citizens to seek accommodations outside of the County, Ridgewood is seeking to offer them the opportunity to stay involved and invested in New Hanover County. Board of Commissioners - September 8, 2020 ITEM: 7 - 7 - 9 • "Interwoven Equity" to ensure fairness and equity in providing housing, services, health, safety, and livelihood needs of all citizen groups. The project aims to provide housing for a currently underserved demographic in our County, our senior citizens who are facing a current housing shortage. The proposed development is a step towards creating equity in the housing market and allowing that population to remain housed and engaged in our community. • "Healthy Community" to ensure public health needs are recognized and addressed through provisions for healthy foods, physical activity, access to recreation, health care, environmental justice, and safe neighborhoods. The project is aimed at fulfilling all of these admirable goals. The development plan for the Property will create a safe, comfortable, and environmentally sustainable community to promote active and healthy lifestyles for its residents while ensuring that they have access to the medical care they need through collaboration with local healthcare providers. • "Responsible Regionalism" to ensure all local proposals account for, connect with, and support the plans of adjacent jurisdictions and surrounding region. The City of Wilmington is the largest adjacent jurisdiction and has recognizes its own needs regarding a growing senior population, the need for diverse housing options, and the benefits of a mix of uses to reduce traffic and encourage on -site activities. The project is also confident with the following specific implementation strategies of the 2016 Plan: • III.0 — Encourage infill development in vacant or blighted pieces of property. • III.D — Encourage the redevelopment of single -uses into mixed -use developments. • IV.0 — Consider revising zoning ordinances to support mixed uses and holistic approach to development. • VI.D — Encourage conservation and enhancement of the unique environment, character, and history of the County. • IX.A — Promote a mixture of uses where appropriate in an effort to cluster development and minimize impacts on natural resources. • IX.D — Strengthen and direct development toward existing communities through encouraging infill and redevelopment. • XVI.B — Encourage a walkable community that creates more human interactions between neighbors. • XVIII.A — Encourage a mixture of uses in developments that allows individuals to walk rather than rely upon vehicles. • XXI.A — Promote compact development, mixture of uses, and infill that minimizes trips and vehicle miles traveled. Board of Commissioners - September 8, 2020 ITEM: 7 - 7 - 10 • XXI.B — Encourage development patterns and neighborhood street designs that are conducive to pedestrian and bicycle use. 2) How would the requested development be consistent with the property's classification on the 2016 Comprehensive Plan's Future Land Use Map? The New Hanover County Future Land Use Map depicts the site as General Residential. The proposed senior living project is consistent with that approach, consisting primarily of senior living residential units, but also including the mixed - use infill that the County has focused on the 2016 Plan. In addition, there are several specific aspects of the project that demonstrate why the project exemplifies good design and development consistent with the General Residential land type. After several versions of a proposed development plan, the current site plan evolved with a priority to achieve sustainability, diversity, ecology, and connectivity. The finished product achieves preservation of many of the existing trees on the property and promotes internal interconnectivity through multiple driveway access points and new road installations that will be added during development, while limiting the impact on adjacent residential neighborhoods by omitting any direct interconnectivity with the same. Ridgewood designed the site plan in this manner was to limit the footprint of all buildings to reduce impervious surface, stormwater, and drainage concerns and limiting the impact of taller structures on nearby properties while still creating a senior living community capable of serving a meaningful population of residents in need of a safe, well- designed senior living community. Existing wetlands on the Property will remain undisturbed, and all stormwater generated on the site will be treated on -site by stormwater ponds and facilities. Once treated, any water leaving the Property will follow the existing water flow path into a stream on the east side of the Property. The proposed structures range in height from thirty feet (30) for the cottages adjacent to residential areas, forty -five feet (45') for the healthcare facility and mixed -use structure adjacent to Market Street, and forty -five feet (45') for the independent living facility in the center of the Property with the greatest setbacks to any nearby use. Vegetative buffers, primarily made up of existing trees roughly sixty -five feet (65') tall will separate the adjacent residential uses from the Property and, as shown on the site plan, will screen almost all view of the development. The Property is positioned off of the Futch Creek connection to Market Street. Following additional driveway and road improvements provided by Ridgewood and after an assessment of the projected traffic impact for the site completed by Kimley Horn Engineering, the site is expected to generate fifty -two (52) AM peak hour Board of Commissioners - September 8, 2020 ITEM: 7 - 7 - 11 traffic trips and eighty -nine (89) PM peak hour trips. The projected totals are a significant reduction from the "by- right" use of the Property if it was developed under its current R -15 and B -1 zoning. An average example of by -right land use, as described in the attached memo, would be expected to generate two hundred eighty -five (285) AM peak hour trips, and two hundred twenty -five (225) PM peak hour trips. 3) How does the proposed master planned development meet the required elements and intent of the proposed zoning district? The UMXZ zone is the only zone in the County that permits Senior Living and Assisted Living by right, and was established to meet five (5) primary objectives within the County. The County's UDO describes those objectives as follows: 1) to encourage the efficient mixed use development pattern envisioned in the Comprehensive Plan; 2) to result in quality design and a variety of build forms of lasting value that result in a pedestrian scale; 3) to provide a mix of housing options; 4) to promote and enhance transportation options, particularly those that are pedestrian- oriented, while reducing demand for automobile trips; and 5) to encourage a mix of uses to foster a sense of community Ridgewood and the engineering and design teams that have contributed to the site plan for the Property take these objectives as a minimum standard for the project. The design was created and adapted to fit the goals of the UMXZ zone in the following ways: 1) The rezoning would allow Ridgewood to develop the Property as a mixed use development with a mix of Senior Living Assisted Care, Senior Living Independent Living, and office and/or personal services use towards the front of the Property. This mix of uses is broader than what could be achieved under the existing zoning and is the type of mixed -use development that the County encourages under its Comprehensive Plan. 2) Under the current zoning designation the Property could be developed into residential uses and commercial uses closer to Market Street. Ridgewood has taken considerable care to propose a site plan that serves a currently underserved portion of our population in the elderly, and does so in a way that maintains and strengthens the community and neighborhood feel of the existing area. 3) Under the proposed rezoning, a mix of senior living options will be developed that offer flexibility and access to the County's aging population in need to safe, well - designed housing options. Board of Commissioners - September 8, 2020 ITEM: 7 -7-12 4) The Property will be accessible by multiple driveway points and internally served by a comprehensive sidewalk and pedestrian walkway system designed to ensure "walkability" and to be consistent with the existing landscaping and ecology of the site. Ridgewood is also proud to produce a design that significantly decreases the amount of traffic that could be generated under the by -right uses under the current zoning. 5) By rezoning property from "Neighborhood Business" to a senior living mixed use development, Ridgewood is establishing a mixed -use senior living project in an area that could previously be developed into self- storage or other, more intense commercial uses. Our goal has been to create a strong community for our future residents; one that will hopefully enhance the community and neighborhoods around the Property. The proposed site plan would also establish a significantly less dense development than could be achieved under another UMXZ project. UMXZ permits a maximum density of twenty -five (25) units per acre. The Property is 29.956 acres which would permit a maximum of roughly seven hundred fifty (750) units. The proposed site plan only proposes three hundred forty two (342) units, or a density of 11.42 units per acre, far less than the twenty five (25) units per acre permitted under the UMXZ's maximum allowance. That decrease in density is intentional. It creates a smaller, more community focused development for future residents, limits traffic in and out of the Property, and decreases stormwater and drainage issues from the Property. Board of Commissioners - September 8, 2020 ITEM: 7 -7-13 Kimley> »Horn July 28, 2020 Thad Moore Development Manager Liberty Senior Living 2334 South 41St Street Wilmington, NC 28403 RE: 8704 Market Street Senior Living, Wilmington, NC — Trip Generation Analysis Kimley -Horn has prepared an analysis of the trip generation potential of the proposed 8704 Market Street Senior Living facility in Wilmington, NC. As currently envisioned the development will consists of 56 senior living attached dwelling units, 186 independent living dwelling units, and 110 assisted living dwelling units. The proposed development is located near the intersection of Market Street at Futch Creek Road in Wilmington, NC. The property is currently zoned as 131 which is defined as a neighborhood shopping district. Site Trip Generation Traffic for the zoned and proposed development was generated using ITE 10th Edition for a typical weekday, the weekday AM peak hour, and the weekday PM peak hour. The AM peak hour typically falls within the period from 7 -9 AM and the PM peak hour generally occurs between 4 -6 PM. NCDOT guidance from the ITE Rate vs Equation spreadsheet was used in the development of this trip generation. It is important to note that assisted living is recommended to be run per bed instead of per dwelling unit, thus 110 beds was used for the 100 dwelling units of assisted living per direction of Liberty Senior Living. The trip generation of the proposed development was done using two different methodologies for the proposed residential land uses. The first methodology (shown in Table 1 on the following page) is per NCDOT Congestion Management Guidelines, in which the individual land uses are broken out for the trip generation. In addition, a variety of land uses have been analyzed for the proposed 4,000 sf non- residential land use. The intent of this effort is to show a variety of land uses that could occupy this space and the trip generation falls below the 100 -trip threshold for requiring a traffic impact analysis per the Wilmington MPO and NCDOT. Board of Commissioners - September 8, 2020 ITEM: 7 -7-14 Kimley> »Horn Table 1 - Trip Generation for Individual Land Uses Land Use Intensity Daily AM Peak PMPeak Hour Total Tn !EO Out Total In Out ITE 252 - Senior Adult Housing Attached 56 DU 200 11 4 7 16 9 7 ITE 253 - Congregate Care Facility 186 DU 376 11 7 4 31 16 15 ITE254 - Assisted Living 110 Bed 286 20 13 7 37 17 20 ITE 710 - Office 4,000 SF 47 10 9 1 5 1 4 Subtotal 909 52 33 19 89 43 46 Internal Capture 0 0 0 0 0 0 0 Pass -By 0 0 0 0 0 0 0 Net New External Trips 909 52 33 19 89 43 46 As shown in Table 1, the proposed site has the potential to generate 52 AM peak hour trips and 89 PM peak hour trips, if the individual land uses of the development are broken out per NCDOT Congestion Management guidance. The proposed 4,000 sf of non - residential space was analyzed as office. The trip generation is less than NCDOT's daily threshold of 3,000 daily trips and less than WMPO's peak hour threshold of 100 trips per hour for requiring a traffic impact study. Table 2 shows the proposed development as presented in Table 1 except for the 4,000 sf of non- residential space. In Table 2, the 4,000 sf of space was analyzed using personal services land use. As shown on Table 2, the proposed development is projected to generate 47 AM peak hour trips and 90 PM peak hour trips. The trip generation is less than NCDOT's daily threshold of 3,000 daily trips and less than WMPO's peak hour threshold of 100 trips per hour for requiring a traffic impact study. Table 2 - Trip Generation for Individual Land Uses Land Use Intensity Daily AM Peak Hour PMPeak Hour 'Dotal In Out Total In Out ITE 252 -Senior Adult Housing Attached 56 DU 200 11 4 7 16 9 7 ITE 253 - Congregate Care Facility 186 DU 376 11 7 4 31 16 15 ITE254 - Assisted Living 110 Bed 286 20 13 7 37 17 20 ITE 918 -Personal Services, General 4,000 SF 110 5 3 2 6 1 5 Subtotal 972 47 27 20 90 43 47 Internal Capture 0 0 0 0 0 0 0 Pass -By 0 0 0 0 0 0 0 Net New External Trips 972 47 27 20 90 43 47 Board of Commissioners - September 8, 2020 ITEM: 7 -7-15 Kimley> »Horn Table 3 shows the trip generation potential of the subject property being developed for which would be allowed under a 131 and R -15 zoning. Table 3 - R -15 and B1 Zoning Trip Generation Land Use Intensity Daily AM Peak Hour PM Peak Hour Total In Out Total In Out ITE 820- Shopping Center 20,000 SF 2,012 19 12 7 165 79 86 ITE 934 Fast Food 11,000 SF 5,180 442 225 217 359 187 172 ITE 710 - Office 40,000 SF 436 74 65 9 48 8 40 ITE 21 Multifamily - Low Rise 31 DU 194 16 4 12 21 13 8 Subtotal 7,822 551 306 245 593 287 306 Internal Capture 1,586 66 33 33 250 125 125 Pass -By 318 200 100 100 118 59 59 Net New External Trips 5,918 285 173 112 225 103 122 As shown in Table 3, the by right land use has a potential to generate 285 AM peak hour trips and 225 PM peak hour trips. The by right plan generates a considerably higher volume of traffic than that of the proposed plan. Conclusions The proposed 8704 Market Street Senior Living Development is not anticipated to generate more than the NCDOT nor WMPO trip thresholds of 100 peak hour trips (in either peak) to require a traffic study. Furthermore, the proposed Senior Living development is anticipated to generate significantly less daily, AM, and PM peak hour trips than the by -right zoning allows. Thus, a traffic study should not be required for the proposed development. Please let me know if you have any questions or require any further information. We appreciate the opportunity to provide these services to you. Sincerely, Jo athan Guy, PE, PTO , 1�cp ce President Board of Commissioners - September 8, 2020 ITEM: 7 -7-16 Report of Community Meeting Proposed Rezoning from R -15 and B -1 to UMXZ 8704 Market Street Liberty Senior Living Development The undersigned hereby certifies that written notice of a community meeting for the above referenced UMXZ rezoning proposal was mailed via First Class Mail to all property owners within five hundred feet (500') of the subject property as listed on the New Hanover County ( "County ") tax records and based upon a list of recipients provided by New Hanover County, and that the same was submitted to the County planning department for e -mail distribution via the "Sunshine List" on June 23, 2020. A list of all adjacent property owners to whom written notice was mailed is attached to this report as Exhibit A. A copy of the written notice is attached as Exhibit B. A list of the parties who registered to attend the meeting is attached at Exhibit C, and a list of those who attended is attached as Exhibit D. The meeting was held on July 6, 2020 at 5:00pm. In light of the COVID -19 virus, the meeting was held electronically via Zoom videoconference. The community meeting notice provided information for attendees to register for and attend the Zoom meeting. On behalf of the applicant, Ridgewood Gardens Health Investors, LLC ( "Ridgewood "), the following people were in attendance: Thad Moore and Will Purvis with Ridgewood; Andrew Jamison, Chris Boney, and Jaime Smith with LS3P Associates, LTD. architects; Jonathan Guy with Kimley Horn traffic engineering; and Samuel Franck and James Todd with Ward and Smith, P.A. attorneys. The following issues were discussed at the meeting: • Stormwater management; • Traffic impact; • Impact on local schools; • Drainage; • Wildlife and environmental management; • Building height and sight line impacts; • Buffers and setbacks; • Aesthetic construction of the development; • The types of commercial uses that may be part of the development; • Estimated construction and phasing schedule; • Ridgewood's experience developing similar projects; and • Street lighting and light impact on adjacent residential properties Board of Commissioners - September 8, 2020 ITEM: 7 -7-17 Consistent with the comments and questions from the neighbors expressed at the meeting, the following have been incorporated into the proposed development: • The stormwater management program will focus on existing drainage concerns along Grayson Park Drive to the southeast of the property; • Attention will be given to on -site lighting to avoid direct direction of any lighting towards adjacent residential areas; • Mature landscaping buffers including significant tree coverage along the residential - adjacent portions of the property will not be disturbed, so as to limit visual, light, and sound impacts from the property Respectfully submitted, Ridgewood Gardens Health Investors, LLC By: <�� Samuel F. Franck, attorney and agent for applicant Ward and Smith, P.A. Date: July 9, 2020 Board of Commissioners - September 8, 2020 ITEM: 7 -7-18 Exhibit A List of Adjacent Property Owners Who Received Notice OWNER OWNER ADDRESS ABBEY GLEN OWNERS ASSOCIATION 16 5TH ST N LESLIE N ADAMS 117 WHITE STONE PL DAVID AND BEVERLY ANDERSON 8916 PLANTATION LANDING DR, BARBARA J ASKHAM 8833 PLANTATION LANDING DR. KAITLIN B BAILEY 8967 PLANTATION LANDING DR. THOMAS AND KATHY BAILEY 8863 NEW FOREST DR. JOHN F BARNHILL 130 WEST POINTE RD DORRENE L BATES 8708 ABBEY GLEN WAY JOSEPH A AND CAITLIN T BELCHER 201 KRYSTAL POND DR. MATTHEW AND BETHANY BENENATI 8875 NEW FOREST DR. NANCY BENTLEY 8667 GRAYSON PARK DR, KYLE T AND NICOLE M BLALOCK 8832 PLANTATION LANDING DR. ANTHONY W AND LINDA M BOAHN 8901 NEW FOREST DR. ROY AND LOU ANNE BOATWRIGHT 121 WHITE STONE PL DAVID T AND JAMIE B BORUM 8867 NEW FOREST DR. ALYSON D BROWN 8646 GRAYSON PARK DR. MICHAEL A AND KATHERINE D BUMGARDNER 8663 GRAYSON PARK DR. JUSTIN A AND STEPHANIE M CARR 302 GASKINS LN RICK AND MARIA CASPER 8622 GRAYSON PARK DR. DANIEL T AND AMY K CHECK 8701 ABBEY GLEN WAY WILLIAM E III AND ALLISON H CHESTNUTT 8625 GRAYSON PARK DR. STEVE AND JOANNE CIPOLLA 20 COMMERCE ST CLAYTON PROPERTIES GROUP INC 5000 CLAYTON RD Board of Commissioners - September 8, 2020 ITEM: 7 -7-19 DAVID AND AMY P CLEM 8709 PINKERTON DR, SHELBY AND MARK COLLIER 104 FARMSTEAD LN COMMUNITY DEVELOPMENT ASSN OF SCOTTS HILL 8737 STEPHENS CHURCH RD GRANT R AND REBECCA J COVEY 8850 PLANTATION LANDING DR, GERALDINE RICHARDSON COXE 109 WHITE STONE PL DAVID A AND GREER P CREECH 8907 BREADON CT JOANNE CRESS 8879 PLANTATION LANDING DR. DAVID M AND KELLI E CURBO 8909 PLANTATION LANDING DR. MARK J AND RACHEL F DANIEL 8915 BREADON CT ADAM M AND STEPHANIE A DEBERRY 8682 GRAYSON PARK DR. PATRICK AND NATALIE DORAN 8679 GRAYSON PARK DR. MARY B AND STEPHEN B C DOWLESS 8821 PLANTATION LANDING DR, MILAN G DRAGITY 8618 GRAYSON PARK DR. LISA W ECKMAN 337 GASKINS LN MARY BECK ELMORE 8686 GRAYSON PARK DR. FLORENCE M ELWYN 8858 PLANTATION LANDING DR. DEBORAH M FITZGIBBON 8611 GRAYSON PARK DR. AMANDA C AND BRIAN P FLEMING 8903 BREADON CT PAMELA S AND JULIO E MACAS FOSSI 8900 PLANTATION LANDING DR. FRANCIS T FOX 8862 PLANTATION LANDING DR. LAWRENCE S AND LUCY JEAN B FRANKEL REV TRUST 8851 NEW FOREST DR. ALEXA A FRENCH 8837 PLANTATION LANDING DR, LYNN M FULLERTON 8638 GRAYSON PARK DR. FUTCH CREEK INVESTORS LLC 10 CARDINAL DR. S GEORGE AND SUSAN B GAMBLE 8866 PLANTATION LANDING DR. THOMAS ALTON GARDNER 334 GASKINS LN PAUL AND FRANCES ANN GOSLINE 8683 GRAYSON PARK DR, Board of Commissioners - September 8, 2020 ITEM: 7 -7-20 WILLIAM L SR AND MARIA GOSLINE 8662 GRAYSON PARK DR. GRAYSON PARK HOA INC 5710 OLEANDER DR, SUITE 210 JOEL AND KELLEY GRECO 318 GASKINS LN DANIEL LEE AND DELPHINE RENA GREEN 8762 MARKET ST MICHAEL CARSON GREENWOOD 8671 GRAYSON PARK DR. KARA GROENE ETAL 8690 GRAYSON PARK DR. DAVID P AND BETHANY L GUNN 8874 PLANTATION LANDING DR. JERENY AND HEATHER 8883 PLANTATION LANDING DR. DONNIE R AND KAREN Y HALL 8829 PLANTATION LANDING DR. WILLIAM EDWARD AND JODIE BUTLER HALL 8905 NEW FOREST DR. BERNADINE T HARRITY 314 GASKINS LN THOMAS R HARVEY 325 GASKINS LN JESSICA HERRING ETAL 8871 PLANTATION LANDING DR. SANDRA L HOENN 8828 PLANTATION LANDING DR. CRYSTAL JONES 121 FUTCH CREEK RD JESSICA KIRST 8912 PLANTATION LANDING DR. THOMAS AND DEBORAH W KLAMERUS 326 GASKINS LN JUDITH A LASKO 8963 PLANTATION LANDING DR. GERALD M AND PAMELA S LATTER 8915 NEW FOREST DR. MICHAEL AND TREMILLA S LAWRENCE 8836 PLANTATION LANDING DR. BRADLEY AND ERIKA LEONARD 204 KRYSTAL POND DR. JONATHAN E AND SARA E LEWIS 200 KRYSTAL POND DR, VINCENT LEWIS ETAL 8674 GRAYSON PARK DR. GABRIEL A AND KARINA D LOPES LUCIANO 8666 GRAYSON PARK DR. SUSAN JANE MACAOON 8853 PLANTATION LANDING DR. CYNTHIA THORNTON MADDOX 8825 PLANTATION LANDING DR. Board of Commissioners - September 8, 2020 ITEM: 7 -7-21 WILLIE MAE MATTOCKS 8720 MARKET ST ATLAS A III AND BETTY M MAYNARD 109 FUTCH CREEK RD MARY L MCRAE 8651 GRAYSON PARK DR. DALLAS RAY MERCER JR 8691 GRAYSON PARK DR. TAYLOR F MILLS ETAL 8670 GRAYSON PARK DR. MM10 LLC 639 INDIAN WELLS WAY LARRY E MOELLER ETAL 310 GASKINS LN LISA D MOORE 8951 PLANTATION LANDING DR, RANDY A AND SUSAN R MOREAU 8655 GRAYSON PARK DR, MARGOT BODO MUELLER 8824 PLANTATION LANDING DR, SHAWN P MURPHY AND JOANNA N MCVAUGH 8678 GRAYSON PARK DR. DAVID E AND CATHERINE H OWEN 8859 NEW FOREST DR. PATRICIA A OWENS 8659 GRAYSON PARK DR. WILLIAM E OWENS 8630 GRAYSON PARK DR, MATTHEW AND KATHLEEN PALESE 8905 PLANTATION LANDING DR, RAYMOND S AND REBECCA J PASTORE PO BOX 1024 MIHAI NELA PAUN 8878 PLANTATION LANDING DR, ASHLEY D PERRITT 8846 PLANTATION LANDING DR. KIM PIPER AND WILLIAM JOHN SLAYS JR 8687 GRAYSON PARK DR. PLANTATION LANDING HOA INC 7036 WRIGHTSVILLE AVE SUITE 101 LAMYA E REYNOLDS ETAL 717 EDGEWATER RIDGE CT TIMOTHY M REYNOLDS SR 8654 GRAYSON PARK DR. RIDGEWOOD GARDENS HEALTH INVESTORS LLC 2334 41ST ST S ROSEMARY AND DONALD RITZ 2730 BRYANT DR, WILLIE R AND LYNN A RITZ 8650 GRAYSON PARK DR. SANDY C RIVENBARK PO BOX 10613 Board of Commissioners - September 8, 2020 ITEM: 7 -7-22 BRIAN MICHAEL AND SHANNON ROBINSON 8639 GRAYSON PARK DR ROBERT F AND LISA M ROSS 8911 BREADON CT DAVID G JR AND KIM A M SAMTMANN 8871 NEW FOREST DR ANTHONY R ANS DIANE S SATTERFIELD 8904 PLANTATION LANDING DR DAVID AND CHERYL SCHMITTER 205 KRYSTAL POND DR JAMES R AND VIRGINIA S SCOTT 8704 ABBEY GLEN WAY MELVIN AND AMY SHAW 8705 PINKERTON DR MARY B SHUPING TRUSTEE 8743 NEW FOREST DR GRETCHEN SIMMONS 333 GASKINS LN CHRISTOPHER BURNEY AND KRISTEN J SMITH 8705 ABBEY GLEN WAY L AND EDWARD LUCI M SMITH 8909 NEW FOREST DR ANTHONY H JR AND MAUREEN E SPATARO 8902 BREADON CT RONALD AND CHARLOTTE L SPENCER JLT 8865 PLANTATION LANDING DR DOUGLAS J AND MICHELLE D STEIN 8875 PLANTATION LANDING DR STEPHENS POINT LLC PO BOX 56607 JOHN TRAVIS STONE 322 GASKINS LN STEVE AND ROBERTA SWAIN 8854 PLANTATION LANDING DR CHARLES C TALTON 8883 NEW FOREST DR RYAN AND SHELLY TANNER 8849 PLANTATION LANDING DR MICHAEL TAYLOR AND COURTNEY EDWARDS 8643 GRAYSON PARK DR A GERALD AND CAROLYN K TERTZAGIAN 329 GASKINS LN TREVOR AND ROBYN THOMAS 8879 NEW FOREST DR CHRISTOPHER D AND CRYSTAL P TICE 8626 GRAYSON PARK DR TKB HOLDINGS LLC 1109 TURNBERRY LN MICHAEL K AND BRANDY N TOMCANY 8647 GRAYSON PARK DR Board of Commissioners - September 8, 2020 ITEM: 7 -7-23 EDWARD A SR AND EILEEN TWOMEY 17 GREEN HILLS RD DAVID N AND JENNIFER K UPCHURCH 8840 PLANTATION LANDING DR MARGARET P VANHOOK 8675 GRAYSON PARK DR JOHN DOUGLAS AND KAREN ANN WALSH 306 GASKINS LN DAVID L AND JANNEY F WARREN 8658 GRAYSON PARK DR KEVIN E AND SHARON P WELSH 8615 GRAYSON PARK DR STEVEN F AND SUZANNE T WESSEL 8901 PLANTATION LANDING DR RAYMOND GLENNWOOD WHITE ETAL 8870 PLANTATION LANDING DR AVERY HAYWARD YOUNTS & DEBRA WYNNE ROBBINS 113 WHITE STONE PL MARK AND BARBARA ZENOBIA 8709 ABBEY GLEN WAY Board of Commissioners - September 8, 2020 ITEM: 7 -7-24 Exhibit B June 23, 2020 TO: Adjacent and Nearby Property Owners and Residents FROM: Ridgewood Gardens Health Investors, LLC RE: Notice of Community Meeting Regarding Rezoning - 8704 Market Street Dear Neighbors, This is a notice of a community meeting for all Adjacent and Nearby Property Owners in the proximity of the land located at 8704 Market Street (parcel ID No.: R02900- 003 - 513 -000) (the "Property "). The Property is owned by Ridgewood Gardens Health Investors, LLC ( "Ridgewood "). Ridgewood is seeking to rezone the Property from its current zoning: Neighborhood Business ( "13-1 ") and Residential 15 ( "R -15 "); to an Urban Mixed Use Zoning District ( "UMXZ ") to allow the development of a senior living community. The planned senior living community will include independent senior living villas, and independent senior living, licensed assisted living, healthcare, and related retirement community facilities, as will also include office, residential, and, potentially, salon use. A site plan showing the location and planned distribution of these uses is attached to this notice. We look forward to describing our plans for the Property in greater detail, and answering any questions you have about the project. Given the current COVID -19 pandemic, and after careful consideration of how to appropriately solicit meaningful feedback from our neighbors while exercising social distancing measures, we will hold this meeting in a virtual setting via a Zoom meeting on July 6, 2020 at S:OOpm. To register to attend this community meeting, please visit: https: / /bit.ly /2UVizJ5 After registering, you will receive a confirmation email containing information about joining the webinar. In the alternative, you may email us at rsvp @wardandsmith.com and we will send the above link to your email address. Please also use this email address as a resource for any questions you may have regarding registration for, and participation in, the meeting. If you have any questions regarding the topics to be covered in the meeting, or wish to comment on the proposed rezoning outside the context of this community meeting, please write or call Thad Moore, a representative of the owner, at TMoore@LibertySenjorLiving.com or (910) 332 -1967. Best regards, Sam Franck Counsel to Ridgewood Gardens Health Investors, LLC Board of Commissioners - September 8, 2020 ITEM: 7 -7-25 Exhibit C Parties who Registered for Community Meeting Attended First Name Last Name Address Yes Gabriel N/A 8666 Grayson Park Drive Yes Matt N/A 8784 Tilbury Dr. Yes Paul Gosline N/A Yes Susan N/A 8674 Grayson Park Dr, Yes Parker Anderson 3911 Malabar Run Yes Steven Cipolla 20 Commerce Street Yes Joanne Cress 8879 Plantation Landing Drive Yes Adam DeBerry 8682 Grayson Park Dr. Yes Lawrence & Lucy Frankel 8851 New Forest Drive Yes Susan Gamble 8866 Plantation Landing Dr, Yes Chris Hobbs 8913 Saville Court Yes Charles Long 1011 Porters Neck Rd Yes Jason McLeod 210 Small Dove Ct Yes JoAnna McVaugh 8678 Grayson Park Dr. Yes Taylor Mills 8670 Grayson Park Dr, Yes Shawn Murphy 8678 Grayson Park Drive Yes Timothy Reynolds 8654 Grayson Park Drive Yes Lynn Stinson 8638 Grayson Park Drive Yes Mike Tedder 8231 Blue Heron Dr. E, Apt 4 No Kristen Harlach 710 Tuscan Way No Judith Lasko 8963 Plantation Landing Dr. No Heather Martin Tilbury Dr. No Ronnie McNeill 102 Magnolia Drive No Lauren Messmer 100 1st Ave N, Suite 3206 No Brian Pisani 8690 Grayson park Dr, 10 Board of Commissioners - September 8, 2020 ITEM: 7 -7-26 No Kara Pisani 8690 Grayson Park Dr. No Janney Warren 8658 Grayson Park Dr. 11 Board of Commissioners - September 8, 2020 ITEM: 7 -7-27 Exhibit D Community Meeting Attendees Attended First Name Last Name Address Yes Gabriel N/A 8666 Grayson Park Drive Yes Matt N/A 8784 Tilbury Dr, Yes Paul Gosline N/A Yes Susan N/A 8674 Grayson Park Dr. Yes Parker Anderson 3911 Malabar Run Yes Steven Cipolla 20 Commerce Street Yes Joanne Cress 8879 Plantation Landing Drive Yes Adam DeBerry 8682 Grayson Park Dr. Yes Lawrence & Lucy Frankel 8851 New Forest Drive Yes Susan Gamble 8866 Plantation Landing Dr. Yes Chris Hobbs 8913 Saville Court Yes Charles Long 1011 Porters Neck Rd Yes Jason McLeod 210 Small Dove Ct Yes JoAnna McVaugh 8678 Grayson Park Dr. Yes Taylor Mills 8670 Grayson Park Dr. Yes Shawn Murphy 8678 Grayson Park Dr. Yes Timothy Reynolds 8654 Grayson Park Dr, Yes Lynn Stinson 8638 Grayson Park Dr. Yes Mike Tedder 8231 Blue Heron Dr. E, Apt 4 ND: 4846- 2490 -1826, v. 2 12 Board of Commissioners - September 8, 2020 ITEM: 7 -7-28 Legal Description of Ridgewood Gardens Health Investors, Inc. Property re UMXZ Rezoning Beginning at a point located on the eastern right of way of Market Street -US Highway 17 (variable width Public R /W), said point being the southwestern point of Tract A Willie Mattocks depicted on Map Book 47, at Page 52 in the office of the Register of Deeds of New Hanover County and being located South 43 °11'37" West 172.09 feet from an existing iron on the eastern right of way of Market St -US Highway 17 (Variable Width Public R /W) as shown on a plat recorded in Plat Book 51, at Page 3 in the office of the Register of Deeds of New Hanover County prepared by Arnold W. Carson dated January 8, 2007, which existing iron is located South 51 °02'32" West 242.05 feet from an existing NCDOT Disk, said point being the "Point of Beginning," thence from said Point of Beginning leaving said right of way South 49 °48'44" East 510.74 feet to a point, thence North 40 °11'16" East 171.85 feet to a point, thence South 49 °48'44" East 479.47 feet to a point, thence South 36 °03'33" West 172.30 feet to a point, thence South 49 °48'44" East 201.05 feet to a point, thence North 40 °21'20" East 343.73 feet to a point, thence South 49 °48'57" East 635.72 feet to a point on the centerline of ditch, thence with said centerline South 76 °58'17" West 110.61 feet to a point, thence South 46 °24'45" West 2.97 feet to a point, thence South 46 °24'45" West 3.73 feet to a point, thence South 33 °53'10" West 32.38 feet to a point, thence South 49 °38'22" West 26.23 feet to a point, thence South 74 °31'02" West 46.60 feet to a point, thence South 81 °15'29" West 35.64 feet to a point, thence South 50 °53'13" West 12.99 feet to a point, thence South 50 °51'36" West 1.88 feet to a point, thence South 38 °31'24" West 52.38 feet to a point, thence South 38 °55'11" West 23.05 feet to a point, thence South 29 °13'55" West 35.75 feet to a point, thence South 29 °40'11" West 25.78 feet to a point, thence South 19 °59'40" West 41.89 feet to a point, thence South 13 °49'10" West 44.23 feet to a point, thence South 16 °55'47" West 141.52 feet to a point, thence South 20 °12'13" West 72.32 feet to a point, thence South 20 °12'44" West 14.62 feet to a point, thence South 41 °35'48" West 33.68 feet to a point, thence South 59 °58'39" West 50.05 feet to a point, thence South 75 °24'11" West 34.69 feet to a point, thence South 78 °07'55" West 89.48 feet to a point, thence South 69 °34'40" West 34.57 feet to a point, thence South 49 °27'01" West 19.83 feet to a point, thence South 38 °06'37" West 17.66 feet to a point, thence South 40 °08'33" West 85.74 feet to a point, thence South 26 °45'32" West 11.75 feet to a point, thence leaving said centerline North 49 °11'10" West 718.04 feet to a point, thence North 49 °01'06" West 484.05 feet to a point, thence North 37 °58'48" East 242.18 feet to a point, thence North 47 °23'55" West 549.11 feet to a point on the eastern right of way of Market Street -US Highway 17 (Variable Width R /W), thence with said right of way North 42 °36'05" East 380.85 feet to the Point of Beginning, containing 29.956 acres (1,304,899 Sq Ft) more or less. Board of Commissioners - September 8, 2020 ITEM: 7 -7-29 kX 1�0 Revenue Stamps: I FOR REGRE9ECCR P.REGITHER OF DEEDS NEW HRNOVER COUNTY, NC 2007 FEB 08 09:33 20 AM BK:5139 Ki 1461 -1465 FEEV3.00 NC REV STAMP ; $15, 500 , 00 AMR 12EN693 1>3M Recording time, book and page Parcel identifier No. See below No certification or opinion on title is expressed by the preparer of this deed except as may appear from the preparer's signed certificate or opinion. Prepared by: W. Talmage Jones Hogue, Hill, Jones, Nash & Lynch, L.L.P. P. O. Drawer 2178 MMITa fflA WM IMMF C Wilmington, NC 28402 Grantee mailing address. 2334 S. 41" Street, Wilmington, NC 28403 Returned to: J. Dickson McLean, Esq. - STATE OF NORTH CAROLINA WARRANTY DEED COUNTY OF NEW 14ANOVER KNOW ALL MEN BY THESE PRESENTS that FUTCH CREEK PARTNERS, LLC, a North Carolina limited liability company, "GRANTOR;" in consideration of TEN AND NO/ 100 ($10.00) DOLLARS and other good and valuable consideration, paid to GRANTOR by RIDGEWOOD GARDENS HEALTH INVESTORS, L.L.C., a Virginia limited liability company with an address c/o Liberty Healthcare Group, 2334 S. 41St Street, Wilmington NC 28403 "GRANTEE," the receipt of which is hereby acknowledged, by these presents, does give, grant, bargain, sell and convey unto the said GRANTEE, and GRANTEE'S successors and as- signs, forever, in fee simple, all that certain lot or parcel of land located in the County of New Hanover, State of North Carolina, and more particularly described as follows: TRACT 1 BEING ALL of Tract Number 1 containing 5.53 acres more or less as shown on a map of Futch Creek Village prepared by Arnold W. Carson, PLS PC dated January 8, 2007 and recorded in Map Book S1 , Page 3 of the New Hanover, North Carolina, Register of Deeds. This tract is a portion of a 9.22 acre tract that was acquired by Grantor by Warranty Deed frorn King Brothers Company, LLC dated June 28, 2006 and recorded in Book 5045, Pages 253 -256 of the aforesaid Registry and by Quitclaim Deed from King Brothers Company, LLC dated June30th, 2006 and recorded in Book 5050, Pages 365 -368 of the aforesaid Registry. This tract is identified on the tax roll of the New Hanover County Tax Office as (9.22 acres) Porters Neck and has a Parcel ID number of R02900- 003 -045 -000. Board of Commissioners - September 8, 2020 ITEM: 7 -7-30 TRACT 2 BEING ALL of Tract Number 2 containing 37.20 acres more or less as shown on a map of Futch Creek Village prepared by Arnold W. Carson, PLS PC dated January 8, 2007 and recorded in Map Book S 1 , Page of the New Hanover, North Carolina Register of Deeds. This tract is comprised of several tracts acquired by Grantor as follows: (i) it contains a portion of the 9.22 acre tract acquired from King Brothers Company, LLC by deeds recorded in Book 5045, Pages 253 -256 and Book 5050, Pages 365 -368 of the aforesaid Registry and identified on the tax roll of the New Hanover County Tax Office as Parcel ID number R02900 -003- 045 -000; and (ii) A 2.04 acre tract acquired by deeds from Eugene C. Hines, Jr. and wife Ava M. Hines, see Book 4911, Pages 621 -625; and Cynthia H. Gongs and husband Charlie E. Gongs, see Book 4911, Pages 626 -630 all of the aforesaid Registry. This tract is identified on the tax roll of the New Hanover County Tax Office as Parcel ID number R02900- 003 - 043 -001; and (iii) A 2.02 acre tract acquired by deed from SAMM PROPERTIES, INC. recorded in Book 4911, Pages 660 -663 of the aforesaid Registry. This tract is identified in the deed as Tract One and on the tax roll of New Hanover County Tax Office as Parcel ID number R02900- 003 -043 -003; and (iv) A 2.02 acre tract acquired by deeds from Ramona Hines Harris, "unmarried ", see Book 4911, Pages 647 -650; Philip S. Hines, "unmarried ", see Book 4911, Pages 643 -646; Curtis L. Hines, "unmarried ", see Book 4911, Pages 639 -642; John O. Hines and wife Jimmie C. Hines, see Book 4911, Pages 635- 638; and Terry A. Hines, "unmarried ", see Book 4911, Pages 631 -634, all of the aforesaid Registry. This tract is identified on the tax roll of the New Hanover County Tax Office as Parcel ID number R02900 -003- 043 -000; and (v) A 2.04 acre tract acquired by deed from SAMM PROPERTIES, INC. recorded in Book 4911, Pages 660 -663 of the aforesaid Registry. This tract is identified in the deed as Tract Two and on the tax roll of the New Hanover County Tax Office as Parcel ID number R02900- 003 -043 -004; and (vi) A .25 acre tract acquired by deed from SAMM PROPERTIES, INC. recorded in Book 4951, Pages 2111 -2114 of the aforesaid Registry. This tract is identified on the tax roll of the New Hanover County Tax Collector as Parcel ID number R02900- 003 - 044 -000; and (vii) A 16.19 acre tract acquired from David Greene, widower, by deed recorded in Book 4951, Pages 2115 -2117 of the aforesaid Registry and identified on the tax roll of the New Hanover County Tax Office as Parcel ID number R02900- 003 - 042 -000; and (viii) A 1.92 acre tract acquired by deed from Willie Mae Mattocks, widow, in Book 4951, Pages 2118 -2120 of the aforesaid Registry. This tract is identified on the tax roll of the New Hanover County Tax Office as Parcel ID number R02900- 003 - 239 -000; and (ix) A 2.69 acre tract acquired by deed from Herman Dale Chambers, unmarried, recorded in Book 4951, Pages 2121 -2124 of the aforesaid Registry. This tract is identified on the tax roll of the New Hanover County Tax Office as Parcel 1D number R02900- 003 - 043 -002; and (x) A 4.10 acre tract acquired from Willie Mae Mattocks, widow, by deed recorded in Book 5045, Pages 237-240 of the aforesaid Registry and identified on the tax roll of the New Hanover County Tax Office as Parcel ID number R02900- 003- 038 -000. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging, to the said GRANTEE and said GRANTEE's heirs, successors, and assigns, forever, in fee simple; and the GRANTOR, for itself, its successors and assigns, does covenant with the said GRANTEE and said GRANTEE's heirs, successors and assigns, that Board of Commissioners - September 8, 2020 ITEM: 7 -7-31 GRANTOR is seised of the premises in fee simple, and has the right to convey the same in the estate aforesaid, that title is marketable and free and clear of all encumbrances, except as herein stated, and that GRANTOR hereby will warrant and defend the title against the lawful claims of all persons whomsoever, except for the exceptions herein stated. Title to the property is subject to the following exceptions: The provisions of all applicable zoning and land use ordinances, statutes and regulations; current year ad valorem taxes; and all applicable restrictive covenants and utility easements of record. 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. [Remainder of Page Intentionally Left Blank] Board of Commissioners - September 8, 2020 ITEM: 7 -7-32 IN WITNESS WHEREOF, the GRANTOR has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officer, this the L day of , 2007. FUTC,N CREE P NERS LC BY (SEAL) HN S. ANDERSON, Member/Manager BY: (SEAL) MARK. L. MArNA ember /Manager STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER 1, F)t "444f4` wf I ,'9 I , a Notary Public, certify that the following person(s) personally appeared before me this day, and i� I have personal knowledge of the identity of the principal(s) ❑ I have seen satisfactory evidence of the principal's identity, by a current state or federal identification with the principal's photograph in the form of a ❑ A credible witness has sworn to the identity of the principal(s); each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: On behalf of and as the act of the following entity: Futch Creek Partners, LLC. Date: �� 7- Elizabeth Williams Notary Public Notary Public New Hanover Co., NC My Commission Expires 2120411 Print Name STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, Oil IQ L • Mor r IS , a Notary Public, certify that the following person(s) personally appeared before me this day, and 91 I have personal knowledge of the identity of the principal(s) ❑ I have seen satisfactory evidence of the principal's identity, by a current state or federal identification with the principal's photograph in the form of a ❑ A credible witness has sworn to the identity of the principal's); each acknowledging to me that lie or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: On behalf of and as the act of the following entity: Futch Creek Partners, LLC. Date: I - I �- d-7 ,,Jul_LLC. L � oat .rva, Notary Public k,Lc, L. Mom% Print Name OTA �StIG �•�: ,1 .*,,1 /ER CCU1t,��,. My commission expires: �.3OI0 S: VWT11Fu tchC reekPam.LLCDeed_Ridgewood.wpd Board of Commissioners - September 8, 2020 ITEM: 7 -7-33 V W REBECCA P. SMITH REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 Filed For Registration: 02/08/2007 09:33:20 AM Book: RE 5139 Page: 1461 -1465 Document No.: 2007006347 DEED 5 PGS $23.00 NC REAL ESTATE EXCISE TAX: $15,500.00 Recorder: CRESWELL, ANDREA State of North Carolina, County of New Hanover YELLOW PROBATE SHEET 1S A VITAL PART OF YOUR RECORDED DOCUMENT. PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE- RECORDING. *2007006347* 2007006347 Board of Commissioners - September 8, 2020 ITEM: 7 -7-34 Proposed Master Development Plan Terms & Conditions Ridgewood Gardens Healthy Investors, LLC — 8704 Market Street 1. Conditions related to approval of the application for the master planned development zoning district classification: a) The use, density of use, and maximum building heights shall comply with the approved Master Development Plan ( "MDP ") as the MDP may be amended or modified in accordance with County requirements from time to time b) The use and development of the subject property shall comply with all applicable regulations and requirements imposed by the New Hanover County Unified Development Ordinance ( "UDO "), and any other applicable federal, state, or local law; c) Approval of this rezoning does not constitute technical approval of the site plan. Issuance of all required permits must occur prior to construction commencing; 2. References to the MDP, including any density /intensity standards, dimensional standards, and development standards: a) Maximum density permitted in UMXZ — twenty five (25) dwelling units per acre ( "DUAC "). Total site area is 29.956 acres, maximum number of dwelling units would be 748. b) Proposed density — 342 proposed dwelling units or 11.42 DUAC c) Developed in accordance with County, state, and federal building and environmental regulations 3. Conditions related to the approval of the MDP Master Plan, including any conditions related to the form and design of development shown in MDP Master Plan: No conditions currently proposed. Board of Commissioners - September 8, 2020 ITEM: 7 - 8 - 1 4. Provisions addressing how transportation, potable water, wastewater, stormwater management, and other infrastructure will be provided to accommodate the proposed development: a) Transportation will be provided by access to public rights of way. A NCDOT driveway permit will be acquired prior to any access to Market Street. b) Potable water will be provided by Cape Fear Public Utility Authority ( "CFPUA "). c) Wastewater services will be provided by CFPUA. d) Stormwater will be managed on site in accordance with NCDEQ restrictions and regulations, will comply with all County and State regulations, and any permit issued for the site. The engineers who will coordinate and implement the stormwater management plan have not yet been selected. e) Infrastructure will be designed in accordance with the North Carolina building code, all other applicable government regulations, laws, and ordinances, and developed consistent with the approved MDP. 5. Provisions related to environmental protection and monitoring: Any 404 wetlands determined to exist on the site from time to time will be handled in accordance with all applicable government regulations, laws, and ordinances including Army Corp. of Engineers requirements. Twenty -five foot (25') wide buffers described on the Master Plan include existing mature landscaping and trees which will not be materially disturbed in connection with development of the site. The property owner will comply with all applicable regulations, laws, and ordinances from local, state, and federal sources with jurisdiction over the site. 6. Any other provisions relevant and necessary to the development of the master planned development in accordance with applicable standards and regulations: None. ND: 4824 - 0971 -3602, v. 2 Board of Commissioners - September 8, 2020 ITEM: 7 - 8 - 2 PROPOSED SITE PLAN Board of Commissioners - September 8, 2020 ITEM: 7 - 9 - 1 w F, N Vt Q N W O Z Q m p a z�z O � N z p w p JJw u w w <= X W � E in C 71 (, Ln N O N O N n a % f . % , , - ' - I 3 �' 1'x'1— — �i �'•,, % Aq % % ti % 1 # 1p _ ■ " - ° E A -Tech ° ww e r V1 L� I NO TON E A L� ' ! O , LF I' E l; �, _ w _■. -r- m 0 w' f�l 4 �- . 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EAT or °'J E dVM 40 ,. w _ K I n O i ..- r r •" _lid .mil �, � � L _ i E' " I� I GGDEN ES It ' 1 IL RTIN 10" 'FPO r - 1 _ e ' 1 F , A 6 I _ 4w BL!AJ P ESWIS A Board of Commissioners - iptember 8, 2020 ITEM: 7 - 10 - 1 F? t I + I y1 . %, •% )L .1 0 ASTAL P R E P ATOR Y A AD Erl'Y �% SITE • ti LF. ■� 71 - ,,� 1. � 1� ,1, �" " M: j� u, ,• .� c _ �a l�" •'!� °4e w '.: -,.,�' w• r• r• - 1- a 1... I 1•. + I � I , • � � y r •' k r r � a �.� _ . w ', a �. '� ■�' ■1 • 9 •. ; ! mp _ - .• PORTER'S NECK ES,,� y r der L 46 ` _ a ■` 1 f4, a is 16. rN w _ r ' V e4w R r • ;y it � P � ` y�' � 1 I IF � f i 1 I � • ! r • 1 5 F I I I I I I I I I A, LIBERTY '7.00-T' Senior Living I I I I I I I L S�P 101 NORTH THIRD STREET, SUITE 500 WILMINGTON, NORTH CAROLINA 28401 TEL.910.790.3111 FAX. 910.790.9901 WWW.LS3P.COM PRELIMINARY DESIGN o� o� O� C� SHEET NAME: SITE LOCATION ORIG SUBMISSION: 07/08/20 CURRENT: SHEET: A -100 W W W O M Q W rI O N O V Lu O I 0 OC a a W M N J A DATE DESCRIPTION SHEET NAME: SITE LOCATION ORIG SUBMISSION: 07/08/20 CURRENT: SHEET: A -100 Z FD Z 0 0 )l �*Dl u I;t Ln O 00 rl - 5CH!3:DL)LE O` CAU5 5GHtDL)LE Of CALEB N34'59'21 "W 35,53' N72'35'12"W 31.42' S!30'51'36"W 1.88, S76*5817"W 110.51 S38"31'24"'W 52.38' 546'24'45"W 2.97 S38'55'1 I `W 23,05' L" la, S29'13'55"W 35.75' 546*24'45"W 3.73' 529*40'11"W 25.78* 533*53'10"W 32.38' S1 9'59'40 "W 41.89' S49'38'22"W 26-23' Sl 3*49'1 0"W 44.23' S74'31'02"W 46.60' S1 6'55'47 "W 141,52' 561'15'29"W .35.64' S20*1 2'1 3"W 72,32 550'53'13 "W 12.99' S20 "1 2'44 "W 14.62 34,59' S4135'48"W 33,68: 18.07' S59'58'39"W 50. 05 30,62' S75'24'1 I "W 34,69' 44,75' 578'07'55"W 89.48' 2412' 569'34'40"W 34.57' 27.33' 549'27'01 "W 19.83' 35.92' 5313'06'37"W 17.66' 24.98' S40'033"W 85.74' 27,07' S26 45'32 "W 11.75' 32.17' 5C`l[DULE Of CAU.5 INST45'16"IE Wf TLANDS N13`59'42 w 8,43' 32.84' N13'59P42"W 39,82- 25,23' N57'56'2B"E 20,84' 23.18' t'.12011toltirl"cl 15A MA' 29,42' -Y NORTH CAROLINA NEW HANOVER COUNTY 1, ARNOLD W. CARSON, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION F-L,11,,NTATION LANQNG 29LVF, FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION (DEED DESCRIPTION (50' R/W) RECORDED IN SK. PG. AS SHOWN HEREON; THAT BOUNDARiIES NOT 7- T SURVEYED ARE CLEARLY INDICATED AS DRAWN FROM INFORMATION AS SHOWN HEREON; THAT THE RATIO OF PRECISION AS CALCULATED IS 7,10,000--�-: j,,HA'r "rHis PLAT WAS PREPARED IN ACCORDANCE WITH G.S. 47-30 AS AMENDED WITNESS MY ORIGINAL SifGNATURE, LICENSE NUMBER AND SEAL THIS-Y-t OF 2007- e 7� 1) THIS PLAT IS OF A SURVEY THAT RECONFIGURES EXISTING PARCELS 5AG OF LAND, AND IS AN EXCEPTION TO THE DEFINITION OF A S,�)RDIVISION. PU-\NTATION KNDING I I I PLANTATION kND�Ni PHASE 2 5ffC I LAP 50M 5, PAGE GO MAP 500K 5, PAGE 58, %q1tilltellef" 41 A . S49*48'57"E 635.72 0"ROLICO'l, -7 4 IN �z 41 0 ARNOLD W. CARSON : 0 11-1 �j N. C'. LICENSE NO. L-3267 trt P- 0 0 . Ni d 7 Nt 00 fUTCH GREEK, ROPERTIE5 rr IN % ? -04,4 � - A 41 I , MAP BOOK 3 3 FAGff J 2 3 SU .0 4 % %L D *%$oil 41%*0" BOCK 5045, PAGE 237 349'48' 44"E 479,47' N60'33'5B"E 1& 90' uj N34'59'21 "W 35,53' N72'35'12"W 31.42' N73'05'53"W 36.83' N75' 55'04 "W 32,50- uj S08'38'51"W 62.75' S36*20'1 CIE 31-08' 527'59'25"w 25.76' 0 543'22'25"W 37.18' 553'57'16 "W 11.14' I 0 S53'57 , i6"w 21-35 c* N67'02'23"W 35,82' NO3'12'04"W 34,59' N 151 1'35"W 18.07' LJ N20*33'42"E 30,62' Nf08*07 , I I "E 44,75' N06*40'05"W 2412' N15'29'05"W 27.33' 578'37'51 "W 35.92' 366'30'32"W 24.98' N38'24'40"E 27,07' N30'14'15"E 32.17' INST45'16"IE 26.78' 366"28'38"E 32.84' NS8'29'17"E 25,23' X11 7'28'29 "E 23.18' Li "549'25 52 "E 29,42' S69*08'4-"E 38.94' Lr S861 1 461"E 35.74' is S83'30'23"E 22-09' z 58177'24"E 2-123' S74'24'57"E 23.26' N86'46'22"E 38.32' 576'37 °,7 "E 30.96' 576*37'17"E 5,85' S47-2.3"55"E N07'58'1 8 "W 37.22 uj 1913'47'05"W 30.11' N36*56'47"W 46.29' N06'51'1 CIE 41.94' N31'55 "9 6 "E 46.94' uj N06'1 5'4.5"E 44.76' N29*20'43'E 36,93' N22'26'14"E 24.44' 0 N22*26'14"E 5.1"5' N30'35'40"E. 43.82' I 0 N791 7'31 `E '10.04' c* N79'1 7'31 `E 26,74' N67'29'00'*E 53,43' N50'24'41 `E 52.27' N76'30'33 "E 34.15' 553'08'46"E 87.2S' 521'51'05"E 65.12' 566*09'42"W 70.05' S54*02'22"W 45,09' S74'47'38"W 26.74' S53'2314" W 4 6.72' S53'54'1 5"W 43.13' S09*55'29"W 42.74' 523*04'02"W 25.25- 857'33'07"W 30.73' Li SO4'23 '42"W 79.55' N 76*34'11 W 34.62' Nl 4'00'15" W 30.01' z N62'4813 E 30.56' S68'43'34"E 24.73' S06'35'52"W 35.32' S24'1 2'40 "E 25.03' N67'1 6'1 9"E 24.83' S82'55*56"E 34,07' S25'08'26"E 21.64' 543`19'21 "E 26.tJC SI 51 0'39"E 24-05' 554'45'18"W 23-88' N61'29'03"W X34.78' N48'37'55"W 119.52' Z N36'39'21 "E 35.57" LO IQ IN87'39'53"E 21,42' O• q N87'39'53"E 5.97' N69'53'17"E 61,72' 567'18'[3$ "E 35-24' 525*28'34"E 43.76' S08'00'44"W 39.82' $12'58'31 "W 28-72' 577'07'57"W 32.07' N68*43'39'W 27.7111: N59'48'34"W 18.45 N43*32'14"W 18.79' 1922"38'33"E 34.48' NbO*25'05"W 21,90' 562'50'56'W 23.36' N71'58'52"W 18.48' N71'58'52"W 16-95' NOTES: 1. THIS LOT IS LOCATED IN 70NE "X" ACCORDING TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S FLOOD INSURANCC RATE MAP, COMMUNTY-PANIEL NUMBER 3720326000 J DATED 4/3/06. 2. AREA=42.74 AC.-f 3. RATIO OF PRECISION - 1:10,000 4. COORDINATES ARE NAD '83 RELATIVE TO NICGS MONUMENT 'SUNOCO" 5, WETLANDS AS SHOWN HEREON WERE DELINEATED BY SOUTHERN ENVIRONMENTAL GROUP, INC. AND ARE NOT FINAL (APPROVAL PROCESS BY APPROPRIATE GOVERNMENTAL AGENCY'S IS PENDING) 0P<,16 lrAEC40'F-V S0 G ICI CER719'ICATE DISCLAIMING WATER AND SEWER SUTABILTY WATER AND SEWER AVAILABILTY: NOTWITHSTANDING NEW HANOVER COUNTY APPROVAL OF THIS PLAT, LOTS SHOWN ON SAID PLAT MAY NOT RECEIVE L HEALTH DEPARTMENT APPROVAL FOR ON SITE SEWAGE DISPOSAL SYSTEMS, NOR FOR WDIViDUAL WATER SOPPLY SYSTEMS, NOR DOES SUCH APPROVAL GUARANTEE THE AVAILASILTY OF WATER OF SEWER SERVICES FROM �7? 5M - NEW HANOVER COUNTY. EGM 15 IN 204-311,25 1 0 I! 2370145.73a,0 4 _,--PLANTATION LANDING PdA.c) ff 1 1%, ---- Lu MAP 500K 43, PACE 17.4 . ........ > GA-5KIN LANP50'R/W) 42 39 16 OZ `ANTATION LANDING 'COMMON ELEMCN7' MAP 50 OK 47, PAGE J 50 L0CATION MAP NOT TO 5CALff 0 EXI"NG IRON EXISTING NCOOT DISC M EXISTING CONIC MONUMENT (CONTROL POINT) HEADSTONE($) - GRAVFS'TF4', 0 SET IRON • EXISTING NAIL 'AGE 2121 SIG 4, 84.05' N 49T 10'. 718.04' 101,06-w 1 - I -, - 7 ------------ CERTIFICATE OF OWNERSHIP, DEDICATION AND JURISDICTION: 77 I (WE) HEREBY CERTIFY THAT I (WE) ARE THE OWNERS OF THE PROPERTY SHOWN AND :73) 2 C 7 DESCRiSED HEREON AND Tf4AT I (WE) HEREBY ADOPT THIS PLAN OF SUBDIVISION W17H MY 3 2) (OUR) FREE CONSENT ESTABLISH THE MINIMUM BUILDING LINES AND DEDICATION OF' ALL STREETS, ALLEYS, WALKS, P O ARKS, CNSERVATION SPACE A NO OTHER AREAS TO PUBLIC cc ARE DEDICATED FOR OR PRIVATE USE AND DRAINAGE NOTED. ALL ROADS AN DRAINAGE EASEMENTS MAP BOOK 4G, PAG�= 5 (WE) CERTIFY THE LAND AS SHOWN HEREON IS 19 PUBLIC UTILITY PURPOSES, FURTHER, LOCATED WITHIN THE SUBDIVISION JURISDICTION OF NEW HANOVER COUNTY. ✓ L 14A cw KAYSO�J DKIVE -W IT --N 5 ,Le _�38 �,- � ABBEY GL.tlq �T FLM- 6 117 -p (50' R/Af) 325.1,3' - ---------- 4��l f) N5 BC:gCFlON I OAT OWNER( CON ,q-L POINT MAP K 3 7, PAGE 193 CONTR',O� POINT cr N 2043091,5290 E 23G.56.93,7890 F SURORDI A7ION CONSENT OF MORTGAGEE Ul L'0 PPI/ VE ! �. w t � L 45' p GRAYSON PARK ('"OMMD4 ARENOPEN 5PAGE LA O Un CR. 00 4 Q-, C-E. RjvlNE3AR1il--L MAP BOCK 1. WAGE 25 LR Jy 1-92.34, 312.93' FUTCl CRffff K ROAE) 5F, # 1 400 PUBLIC RIW) NEW HANOVER COUNTY NORTH CAROLINA REVIEW OFFICER OF NEW HANOVER COUNTY, CERTIFY THAT THE MAP OR PLAT TO WHICH THIS CERTIFICATION IS AFFIXED MEETS ALL STATUTORY REQUIREMENTS FOR RECORDING. i�EVIEW C ICER ATE Ao Boer .51 P64to 3 Board of Commissioners - 1ptember 8, 2020 ITEM: 7 -10-2 MAP NOT SUBJECT TO NEW HANOVER COUNTY SUBDIVISION ORDINANCE u. t / .*/ 0 - c - c. K" /.5o, Ilm , PLANNING DIRECTOR NEW HANOVER COUNTY It NORTH CAROLINA, tVAMIPM FILED FOR REGISTRATION ON THE --O-DAY 0E-,�A7-,,2Qf)-T, AT- 9-t AND DULY RECORDED IN MAP BOOK-5LAT PAGE-a- 1 it R BECCA 7,P G.4R4-.ST?Ar nt: REGISTER OF DZED By.la& F� I RECONFI GLJRATIC)N MAP OF TCI-1 CREEK VILLAGE BEING THOSE TRACTS OF' LAND REFERENCED HEREON HARNETT TOWNSHIP NEW HANOVER COUNTY NORTH CAROLINA SCALE: 1" 100' SEPTEMBER 1, 2006 JANUARY 8, 2007 FOR ffUTCrl CREff -K FARTNER5, LLC 103A 50UTfl .3RD 5TRffffT .** WILPAINGTC)N, NC 25401 , r. A R 0k ,, % ......... 0. 4� Z C) 'SSIO CL nr ARNOLD W. CARSON, PLS PC 406 NORTH THIRD STREET WILMINGTON, NC 28401 (910) 772-9.113 0 100, M 1_.r� -7 26 0 4,, CO vv W p . -,.,%% T --------------------------- LIBERTY Seniort,,Jvffie I II L--------------------------- LS�P 0 101 NORTH THIRD STREET, SUITE 500 WILMINGTON, NORTH CAROLINA 28401 T E L. 910.790.3111 FAX. 910.790.9901 WWW.LS3P.COM PRELIMINARY DESIGN 0 1;z z�D �J CIP IIIIIIIIIIIIIIIIN uj uj w uj o 00 r--i 0 0 r- Lu O I 0 c* en N A DATE DESCRIPTION SHEET NAME: SITE SURVEY ORIG SUBMISSION: 07/08/20 CURRENT: SHEET: A -101 w � N in a VI w >O Z Q m p a a Z U Z o R = z o wow, zJw w U = E 7 C Q0 0 0 00 N NEW DRIVEWAY TO BE INSTALLED 12' WIDE SIDEWALK ALONG MARKET STREET ROW NEW ROAD TO BE INSTALLED PER COUNTY ROAD STANDARDS , FM ,' W Oro Q O Q ry J < U w O I- a a Q A DATE DESCRIPTION uj W LLL 1� Cn , LJ W' i Q. Q C.0 0 Q O VICINI r TY MAP I' ,, I � / f ZTEPHEHS POINTE APARTNEN +� `i h, ! .i 9 1a i. ,f F .r.ai•dw,r�.;.�.v.,+..a+•,:... �,+,re»yww.w.ar..w,.»,rr +,.±,erwe.r...e + aw - _..._ . • �w.wr...�+••wn .a.•v":•.- r— •e'•�:h+•• -r.x. EMERGENCY FIRE ACCESS, CONNECT TO WINDY ISLAND DRIVE ON NEIGHBORING PROPERTY, GATED ACCESS ONLY IN AN EVENT OF AN EMERGENCY EXISTING VEGETATIVE BUFFER TO REMAIN UNDISTURBED, +/- 65' HEIGHT 30' ACCESS EASEMENT, MAP BOOK 5049, PAGE 2727 EXISTING VEGETATIVE BUFFER TO REMAIN UNDISTURBED, +/- 65 HEIGHT 1:'l ANe T" ATII N iJ ICI ; "(; k'1 k P �Nc 1 I . . I , F L.ANT:A I � IL AN f! 1 MAP 'Ef 35 SETBACK SENIOR LIVING: INDEPENDENT LIVING RETIREMENT COMMUNITY COTTAGES +/- 21,000 SF, 30' HEIGHT fir" ACCESS (12) UNITS, (1) LEVEL f ■r, Lij �►/�` °. LO Vi �.LJ E I` a T -lea .iK c ! `-II. ::., y ESIDENTIAL BUFFE O -,. "} M y `•wr F1 I4 rH r G 7F ACT A Q S/ ''" � � ACCESS 5 a t 3 WILLIE 1\FI A f �(��. r i�ba" � t�� r POINT I a' r y may: �. FAGE STREAMo' Row „ , - - _ 30' -0” MAXIMUM BUILDING HEIGHT .36, 0 ��::.;�F1E -I� � (1�Yl�, l �,I � ° ------------------ - - - - -- C) ` �,m,...,. « v•.w�+ `� � , n .P _ PO NT - , 45 -0 MAXIMUM BUILDING HEIGHT �„ co 51 I0 „� 4 r^- � r{]� V/ i `M ua,IMM .- -i ACCESS W e, D POINT .� POINT �'0 _.- r--� 35' SETBACK I � 45'SETBACK 2 .y a 4 E7CI ❑❑ ❑ ool7❑ 1 ACCESS ' r{ AA* .,.y�J L "4' 51 POINT �. p .' AMENITY 50' Ro SENIOR LIVING: INDEPENDENT LIVING � IJ , , i1-�- , RETIREMENT COMMUNITY COTTAGES � +/- 17,500 SF, 30' HEIGHT ■ ❑ r (10) UNITS, (1) LEVEL w► MIXED- HEALTHCARE BUILDING i_ w79c) ci '�'tACCESS SENIOR LIVING: USE & PARKING AREA � Q I,� �7cre POINT BUILDIN , a � INDEPENDENT as 90,000 sF, 45 HEIGHT SENIOR LIVING: INDEPENDENT LIVING RETIREMENASSISTED LIVING FACILITY _ E) neighborhood 1 1 S 1 PARKIN ° f r LIVING RETIREMENT COMMNITY 111 1i1�1 1 11� '�1 COMMUNITY (3) LEVELS, 110 BEDS (100 UNITS) ■ D recreation acs sties AREA D ! ❑ o 0000❑❑❑❑© ❑� ❑ ❑ ❑❑ ❑' u 0000 Ua- &PARKING AREA `�—'` .{-�+ - ., COTTAGES �' INTERNAL SIDEWALK D Tk ASSOCIATED SURFACE PARKING 0 -' +/- 21,000 SF ' +/- 4,000 A AND SERVICE YARD -1 -1- -' � +/- 280,000 SF _ °- 12 UNITS IGHLEVEL OFFICE D INDEPENDENT LIVING FACILITY i ( ) O m SPACE & /OFV o (4) LEVELS, 45' HEIGHT 1 p0 � GT SALON .. I 186 UNITS a � WATER lxr! (1) LEVEL , + AccESS ' Board of Commissioners - iptember 8, 2020 ITEM: 7 -10-3 "yRlYs' ASSOCIATED SURFACE PARKING C1t °,�� t ❑ QUALITY {,., POINT {] ��i D AND SERVICE YARD ID 8,000 SF , � a.. �,_� � �, ,t r� � I , �" �'�� :�"; � i I .. r (4) UNITS , 114 ACCESS SENIOR LIVING: INDEPENDENT LIVING Q BASIN RESIDENTIA _ T .—�-, POINT (2)LEVELS� 4 �/ RETIREMENT COMMUNITY COTTAGES r�. 45' HEIGHT. INTERNAL, IDEWALK, +/- 17,500 SF, 30' HEIGHT S � or+ ACCESS �y (10) UNITS, (1) LEVEL POINT �Ihrr,IM p AccESS ❑0❑ ❑ ❑ ❑ ❑ ° ❑ ❑❑ 0000❑❑ � POINT ❑N ACCES ) p ° I on ,PO ON D NAL SIDEWALK � ®, rl,r„ INTE �paaaa ❑ti ❑nc+oanar� ijo I° M1 u r�... �d �r SITE DATA PROJECT ADDRESS: PARCEL ID: CURRENT ZONING: PROPOSED ZONING: PROPOSED USE: PROJECT SITE AREA: OWNER INFORMATION: FLOOD INFORMATION: CAMA LAND USE CLASSIFICATION TOTAL NUMBER OF BUILDINGS: ALLOWABLE DENSITY: PROPOSED DENSITY: f �k• N I' 11i��- �_ 1 IL If'kl"' 2 L I�. T s PAG, 1 �4 `'>� r H1 ACCESS POINT ■ , D� INTERNAL SIDEWALK 00000000000000000000 00000 �{ 011000000000❑C3[J ❑OO� Dif .�.. _ _ ::J � /ff ski, {fj�{j�� %{ �} MAPl l�l ..s 7 ':' i 1 V it �..a" t�k y I ... 1�4.y �].6 IY CB 1� 7; r1 t��1 MID ACCESS ACCESS POINT POINT _ EXISTING POND TO BE USED FOR I SENIOR LIVING: INDEPENDENT LIVING STORMWATER ATTENUATION EXISTING VEGETATIVE BUFFER ❑ RETIREMENT COMMUNITY COTTAGES TO REMAIN, +/- 65' HEIGHT 14,000 SF, 30' HEIGHT ® (8) UNITS, (1) LEVEL a ■ I' ■ H11\_ 35' SETBACK i NPARIN -7, 'khs, .1l '..r emui. .,,, na,�,w. r. ..mow. ....rn•rb ,...:r,n ,w,qr: a. m....r-e �v EXISTING VEGETATIVE BUFFER 0 30 6 `*xr L1 0 1 20 Ire r ,I` TO REMAIN, +/- 65' HEIGHT 9�" .`. , � I °r � „ �71`•f'' � 'h"�n,,, y� 2 + { 01, Ile � I`ai ti� y am` 1 Ile �� (.s Y i V wA `.I 1.100K " i ' ""'"'°s w;.ti- w ++�e•...+ww.•,RernM'w'"'",r`"•+ ".r !"�' "+� � i .Yaew, '!'.;r ..a,.�.. sw•,„,.. ,r A,. wi �, '^+•+.+bM.nrwe. wa...n:+ww. *«,v, w^' 'rn.! *A x,,.+. 7e.®,v/ Y ',3 . ""'. w,., 3. rM ..,n�.,.�.r��wwws+nww.rs,ws..a �"r /'' aryr• '� "r 'P Y' .w'.`w'. y w r (�r p 'mw _. y # �n. 'f'1 t p (5 5.d M f ,1; k -•".."a -+ .iar�,r.., ,. �i »�.. ..„,�,,,� ' , 1i r• �w.. Y..,..;:.- � .,....�- .'._.,r.�.�.,.�.�.�.._. , •. ..,_.. _,,.,.,,. ICI 1'�,,, _ I � '�,�., "',.� � '� }. ,�' "'w,, 1' T r+,...,.. �,. Iww .w,+n.�.W:1i,•rWw.'wyx:.,...,. ti } +.. TRUE 114 jj I 'ti NORTH 8704 MARKET STREET, LOT 2 FUTCH CREEK VILLAGE R02900- 003 - 513 -000 B -1 and R -15 RESIDENTIAL DISTRICT UMXZ URBAN MIXED USE 29.956 ACRES / 1,304,883 SF RIDGEWOOD GARDEN HEALTH INVESTORS LLC WILMINGTON, NC 28403 THIS PARCEL IS NOT LOCATED IN A FLOOD ZONE AS DETERMINED BY FEMA FLOOD MAP 3720326000K, EFFECTIVE 28 AUG 2018 TRANSITION 1 MIXED USE (OFFICE AND /OR HAIR SALON & RESIDENTIAL - 4 UNITS) 1 HEALTHCARE FACILITY (110 BEDS = 100 TOTAL UNITS W/ 10% DOUBLE OCC.) 1 INDEPENDENT LIVING RETIREMENT COMMUNITY (186 TOTAL) 16 INDEPENDENT LIVING RETIREMENT COMMUNITY COTTAGES (52 UNITS) 25 DUAC (MULTI- FAMILY) 11.4 DUAC (748 MAX UNITS ALLOWED, 342 PROPOSED UNITS) MAXIMUM BUILDING HEIGHT DEFINITION: BUILDING HEIGHT: (NHC ZONING ORDINANCE, SECTION 18 -812) DEFINITION: BUFFER: (NHC ZONING ORDINANCE, SECTION 18 -498) OFF - STREET PARKING DESIGN NHC ZONING ORDINANCE, SECTION 18 -529) HOUSING MIX TYPES 4 STORIES OR 45 FEET BY -RIGHT 75 FEET WITH ADDITIONAL HEIGHT ALLOWANCE SPECIAL USE PERMIT BUILDING HEIGHT IS THE VERTICAL DISTANCE MEASURED FROM THE AVERAGE UNDISTURBED GRADE AT THE FOUNDATION TO THE HIGHEST FINISHED ROOF SURFACE IN THE CASE OF A FLAT ROOF, OR N THE CASE OF A PITCHED ROOF, TO A POINT HALFWAY BETWEEN THE HIGHEST PEAK AND THE HIGHEST EAVE. BUFFER YARDS SHALL HAVE A BASE WIDTH EQUAL TO AT LEAST FIFTY (50) PERCENT OF THE REQUIRED SETBACK. IN ALL CASES THE BASE OF THE BUFFER YARD SHALL BE EQUAL TO OR GREATER THAN TWENTY (20) FEET. ALL PARKING AND LOADING FACILITIES SHALL BE CONSTRUCTED SO THAT ALL MANEUVERING WILL TAKE PLACE ENTIRELY WITHIN THE PROPERTY LINES OF THE FACILITY. 1 -BR, 2 -BR, 3 -BR INDEPENDENT LIVING RETIREMENT COMMUNITY 2 -BR, 3 -BR INDEPENDENT LIVING RETIREMENT COMMUNITY COTTAGES STUDIO, 1 -BR, 2 -BR ASSISTED LIVING UNITS NOTE: STORMWATER FACILITIES SHOWN ARE CONCEPTUAL AND ARE SUBJECT TO CHANGE PENDING DESIGN DEVELOPMENT AND FURTHER ENGINEERING ANALYSIS OF SOILS AND SITE CONDITIONS. 2 I 3 5 SYMBOL LEGEND VEHICULAR ACCESS POINT PERIMETER SIDEWALK TO BE COORDINATED WITH NCDOT 00000011 10 INTERNAL SIDEWALK NETWORK STREET TREES AS REQUIRED TREE PLANTING THROUGHOUT COMMUNITY - ORNAMENTAL AND SUPPLEMENTAL TO EXISTING BUFFERING 6 r I I I I I I I I I I I I I I I I I I LIBERTY jr Senior Living I I I I I I I I I I I I I I I I L---------- - - - -_. _.. _. 101 NORTH THIRD STREET, SUITE 500 WILMINGTON, NORTH CAROLINA 28401 TEL.910.790.3111 FAX. 910.790.9901 L S WWW.LS3P.COM PRELIMINARY DESIGN �O �J W W OC , FM W Oro LLj m Q W 0 N ! O qzt U U LLJ O 2 a a U A DATE DESCRIPTION LL LJ C.0 Ik z J h VICINI r TY MAP I' ,, I � / f ZTEPHEHS POINTE APARTNEN +� `i h, ! .i 9 1a i. ,f F .r.ai•dw,r�.;.�.v.,+..a+•,:... �,+,re»yww.w.ar..w,.»,rr +,.±,erwe.r...e + aw - _..._ . • �w.wr...�+••wn .a.•v":•.- r— •e'•�:h+•• -r.x. EMERGENCY FIRE ACCESS, CONNECT TO WINDY ISLAND DRIVE ON NEIGHBORING PROPERTY, GATED ACCESS ONLY IN AN EVENT OF AN EMERGENCY EXISTING VEGETATIVE BUFFER TO REMAIN UNDISTURBED, +/- 65' HEIGHT 30' ACCESS EASEMENT, MAP BOOK 5049, PAGE 2727 EXISTING VEGETATIVE BUFFER TO REMAIN UNDISTURBED, +/- 65 HEIGHT 1:'l ANe T" ATII N iJ ICI ; "(; k'1 k P �Nc 1 I . . I , F L.ANT:A I � IL AN f! 1 MAP 'Ef 35 SETBACK SENIOR LIVING: INDEPENDENT LIVING RETIREMENT COMMUNITY COTTAGES +/- 21,000 SF, 30' HEIGHT fir" ACCESS (12) UNITS, (1) LEVEL f ■r, Lij �►/�` °. LO Vi �.LJ E I` a T -lea .iK c ! `-II. ::., y ESIDENTIAL BUFFE O -,. 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AMENITY 50' Ro SENIOR LIVING: INDEPENDENT LIVING � IJ , , i1-�- , RETIREMENT COMMUNITY COTTAGES � +/- 17,500 SF, 30' HEIGHT ■ ❑ r (10) UNITS, (1) LEVEL w► MIXED- HEALTHCARE BUILDING i_ w79c) ci '�'tACCESS SENIOR LIVING: USE & PARKING AREA � Q I,� �7cre POINT BUILDIN , a � INDEPENDENT as 90,000 sF, 45 HEIGHT SENIOR LIVING: INDEPENDENT LIVING RETIREMENASSISTED LIVING FACILITY _ E) neighborhood 1 1 S 1 PARKIN ° f r LIVING RETIREMENT COMMNITY 111 1i1�1 1 11� '�1 COMMUNITY (3) LEVELS, 110 BEDS (100 UNITS) ■ D recreation acs sties AREA D ! ❑ o 0000❑❑❑❑© ❑� ❑ ❑ ❑❑ ❑' u 0000 Ua- &PARKING AREA `�—'` .{-�+ - ., COTTAGES �' INTERNAL SIDEWALK D Tk ASSOCIATED SURFACE PARKING 0 -' +/- 21,000 SF ' +/- 4,000 A AND SERVICE YARD -1 -1- -' � +/- 280,000 SF _ °- 12 UNITS IGHLEVEL OFFICE D INDEPENDENT LIVING FACILITY i ( ) O m SPACE & /OFV o (4) LEVELS, 45' HEIGHT 1 p0 � GT SALON .. I 186 UNITS a � WATER lxr! (1) LEVEL , + AccESS ' Board of Commissioners - iptember 8, 2020 ITEM: 7 -10-3 "yRlYs' ASSOCIATED SURFACE PARKING C1t °,�� t ❑ QUALITY {,., POINT {] ��i D AND SERVICE YARD ID 8,000 SF , � a.. �,_� � �, ,t r� � I , �" �'�� :�"; � i I .. r (4) UNITS , 114 ACCESS SENIOR LIVING: INDEPENDENT LIVING Q BASIN RESIDENTIA _ T .—�-, POINT (2)LEVELS� 4 �/ RETIREMENT COMMUNITY COTTAGES r�. 45' HEIGHT. INTERNAL, IDEWALK, +/- 17,500 SF, 30' HEIGHT S � or+ ACCESS �y (10) UNITS, (1) LEVEL POINT �Ihrr,IM p AccESS ❑0❑ ❑ ❑ ❑ ❑ ° ❑ ❑❑ 0000❑❑ � POINT ❑N ACCES ) p ° I on ,PO ON D NAL SIDEWALK � ®, rl,r„ INTE �paaaa ❑ti ❑nc+oanar� ijo I° M1 u r�... �d �r SITE DATA PROJECT ADDRESS: PARCEL ID: CURRENT ZONING: PROPOSED ZONING: PROPOSED USE: PROJECT SITE AREA: OWNER INFORMATION: FLOOD INFORMATION: CAMA LAND USE CLASSIFICATION TOTAL NUMBER OF BUILDINGS: ALLOWABLE DENSITY: PROPOSED DENSITY: f �k• N I' 11i��- �_ 1 IL If'kl"' 2 L I�. T s PAG, 1 �4 `'>� r H1 ACCESS POINT ■ , D� INTERNAL SIDEWALK 00000000000000000000 00000 �{ 011000000000❑C3[J ❑OO� Dif .�.. _ _ ::J � /ff ski, {fj�{j�� %{ �} MAPl l�l ..s 7 ':' i 1 V it �..a" t�k y I ... 1�4.y �].6 IY CB 1� 7; r1 t��1 MID ACCESS ACCESS POINT POINT _ EXISTING POND TO BE USED FOR I SENIOR LIVING: INDEPENDENT LIVING STORMWATER ATTENUATION EXISTING VEGETATIVE BUFFER ❑ RETIREMENT COMMUNITY COTTAGES TO REMAIN, +/- 65' HEIGHT 14,000 SF, 30' HEIGHT ® (8) UNITS, (1) LEVEL a ■ I' ■ H11\_ 35' SETBACK i NPARIN -7, 'khs, .1l '..r emui. .,,, na,�,w. r. ..mow. ....rn•rb ,...:r,n ,w,qr: a. m....r-e �v EXISTING VEGETATIVE BUFFER 0 30 6 `*xr L1 0 1 20 Ire r ,I` TO REMAIN, +/- 65' HEIGHT 9�" .`. , � I °r � „ �71`•f'' � 'h"�n,,, y� 2 + { 01, Ile � I`ai ti� y am` 1 Ile �� (.s Y i V wA `.I 1.100K " i ' ""'"'°s w;.ti- w ++�e•...+ww.•,RernM'w'"'",r`"•+ ".r !"�' "+� � i .Yaew, '!'.;r ..a,.�.. sw•,„,.. ,r A,. wi �, '^+•+.+bM.nrwe. wa...n:+ww. *«,v, w^' 'rn.! *A x,,.+. 7e.®,v/ Y ',3 . 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TRUE 114 jj I 'ti NORTH 8704 MARKET STREET, LOT 2 FUTCH CREEK VILLAGE R02900- 003 - 513 -000 B -1 and R -15 RESIDENTIAL DISTRICT UMXZ URBAN MIXED USE 29.956 ACRES / 1,304,883 SF RIDGEWOOD GARDEN HEALTH INVESTORS LLC WILMINGTON, NC 28403 THIS PARCEL IS NOT LOCATED IN A FLOOD ZONE AS DETERMINED BY FEMA FLOOD MAP 3720326000K, EFFECTIVE 28 AUG 2018 TRANSITION 1 MIXED USE (OFFICE AND /OR HAIR SALON & RESIDENTIAL - 4 UNITS) 1 HEALTHCARE FACILITY (110 BEDS = 100 TOTAL UNITS W/ 10% DOUBLE OCC.) 1 INDEPENDENT LIVING RETIREMENT COMMUNITY (186 TOTAL) 16 INDEPENDENT LIVING RETIREMENT COMMUNITY COTTAGES (52 UNITS) 25 DUAC (MULTI- FAMILY) 11.4 DUAC (748 MAX UNITS ALLOWED, 342 PROPOSED UNITS) MAXIMUM BUILDING HEIGHT DEFINITION: BUILDING HEIGHT: (NHC ZONING ORDINANCE, SECTION 18 -812) DEFINITION: BUFFER: (NHC ZONING ORDINANCE, SECTION 18 -498) OFF - STREET PARKING DESIGN NHC ZONING ORDINANCE, SECTION 18 -529) HOUSING MIX TYPES 4 STORIES OR 45 FEET BY -RIGHT 75 FEET WITH ADDITIONAL HEIGHT ALLOWANCE SPECIAL USE PERMIT BUILDING HEIGHT IS THE VERTICAL DISTANCE MEASURED FROM THE AVERAGE UNDISTURBED GRADE AT THE FOUNDATION TO THE HIGHEST FINISHED ROOF SURFACE IN THE CASE OF A FLAT ROOF, OR N THE CASE OF A PITCHED ROOF, TO A POINT HALFWAY BETWEEN THE HIGHEST PEAK AND THE HIGHEST EAVE. BUFFER YARDS SHALL HAVE A BASE WIDTH EQUAL TO AT LEAST FIFTY (50) PERCENT OF THE REQUIRED SETBACK. IN ALL CASES THE BASE OF THE BUFFER YARD SHALL BE EQUAL TO OR GREATER THAN TWENTY (20) FEET. ALL PARKING AND LOADING FACILITIES SHALL BE CONSTRUCTED SO THAT ALL MANEUVERING WILL TAKE PLACE ENTIRELY WITHIN THE PROPERTY LINES OF THE FACILITY. 1 -BR, 2 -BR, 3 -BR INDEPENDENT LIVING RETIREMENT COMMUNITY 2 -BR, 3 -BR INDEPENDENT LIVING RETIREMENT COMMUNITY COTTAGES STUDIO, 1 -BR, 2 -BR ASSISTED LIVING UNITS NOTE: STORMWATER FACILITIES SHOWN ARE CONCEPTUAL AND ARE SUBJECT TO CHANGE PENDING DESIGN DEVELOPMENT AND FURTHER ENGINEERING ANALYSIS OF SOILS AND SITE CONDITIONS. 2 I 3 5 SYMBOL LEGEND VEHICULAR ACCESS POINT PERIMETER SIDEWALK TO BE COORDINATED WITH NCDOT 00000011 10 INTERNAL SIDEWALK NETWORK STREET TREES AS REQUIRED TREE PLANTING THROUGHOUT COMMUNITY - ORNAMENTAL AND SUPPLEMENTAL TO EXISTING BUFFERING 6 r I I I I I I I I I I I I I I I I I I LIBERTY jr Senior Living I I I I I I I I I I I I I I I I L---------- - - - -_. _.. _. 101 NORTH THIRD STREET, SUITE 500 WILMINGTON, NORTH CAROLINA 28401 TEL.910.790.3111 FAX. 910.790.9901 L S WWW.LS3P.COM PRELIMINARY DESIGN �O �J SHEET NAME: SITE PLAN W/ CONTEXT, CONDITIONAL DISTRICT REZONING ORIG SUBMISSION: 07/28/20 CURRENT: SHEET: A -102 W W OC FM W m Q W 0 N ! O qzt U LLJ O 0 a a M J A DATE DESCRIPTION SHEET NAME: SITE PLAN W/ CONTEXT, CONDITIONAL DISTRICT REZONING ORIG SUBMISSION: 07/28/20 CURRENT: SHEET: A -102 Proposed Master Development Plan Terms & Conditions Ridgewood Gardens Healthy Investors, LLC — 8704 Market Street 1. Conditions related to approval of the application for the master planned development zoning district classification: a) The use, density of use, and maximum building heights shall comply with the approved Master Development Plan ( "MDP ") as the MDP may be amended or modified in accordance with County requirements from time to time b) The use and development of the subject property shall comply with all applicable regulations and requirements imposed by the New Hanover County Unified Development Ordinance ( "UDO "), and any other applicable federal, state, or local law; c) Approval of this rezoning does not constitute technical approval of the site plan. Issuance of all required permits must occur prior to construction commencing; 2. References to the MDP, including any density /intensity standards, dimensional standards, and development standards: a) Maximum density permitted in UMXZ — twenty five (25) dwelling units per acre ( "DUAC "). Total site area is 29.956 acres, maximum number of dwelling units would be 748. b) Proposed density — 342 proposed dwelling units or 11.42 DUAC c) Developed in accordance with County, state, and federal building and environmental regulations 3. Conditions related to the approval of the MDP Master Plan, including any conditions related to the form and design of development shown in MDP Master Plan: No conditions currently proposed. Board of Commissioners - September 8, 2020 ITEM: 7 -10-4 4. Provisions addressing how transportation, potable water, wastewater, stormwater management, and other infrastructure will be provided to accommodate the proposed development: a) Transportation will be provided by access to public rights of way. A NCDOT driveway permit will be acquired prior to any access to Market Street. b) Potable water will be provided by Cape Fear Public Utility Authority ( "CFPUA "). c) Wastewater services will be provided by CFPUA. d) Stormwater will be managed on site in accordance with NCDEQ restrictions and regulations, will comply with all County and State regulations, and any permit issued for the site. The engineers who will coordinate and implement the stormwater management plan have not yet been selected. e) Infrastructure will be designed in accordance with the North Carolina building code, all other applicable government regulations, laws, and ordinances, and developed consistent with the approved MDP. 5. Provisions related to environmental protection and monitoring: Any 404 wetlands determined to exist on the site from time to time will be handled in accordance with all applicable government regulations, laws, and ordinances including Army Corp. of Engineers requirements. Twenty -five foot (25') wide buffers described on the Master Plan include existing mature landscaping and trees which will not be materially disturbed in connection with development of the site. The property owner will comply with all applicable regulations, laws, and ordinances from local, state, and federal sources with jurisdiction over the site. 6. Any other provisions relevant and necessary to the development of the master planned development in accordance with applicable standards and regulations: None. ND: 4824 - 0971 -3602, v. 2 Board of Commissioners - September 8, 2020 ITEM: 7 -10-5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 9/8/2020 Regular DEPARTMENT: Planning PRESENTER(S): Gideon Smith, Current Planner CONTACT(S): Gideon Smith; Brad Schuler, Senior Planner and Wayne Clark, Planning and Land Use Director SUBJECT: Public Hearing Rezoning Request (Z20 -14) — Request by Design Solutions on Behalf of the Property Owner, Ripwood Company, Inc., to Rezone Approximately 3.6 Acres of Land Located in the 600 Block of Spring Branch Road from R -15, Residential District, to (CZD) R -5, Conditional Moderate -High Density District, in Order to Develop 22 Single - Family Units BRIEF SUMMARY: The applicant is proposing to rezone approximately 3.6 acres from R -15 to (CZD) R -5 in order to develop 22 detached single - family homes at a density of 6.1 dwelling units per acre (du /ac). As currently zoned (R -15), the subject property would be permitted up to 9 dwelling units at a maximum density of 2.5 du /ac. The development is designed similar to a traditional detached single - family neighborhood with driveways and one -car garages. However, instead of a traditional home lot, ownership will be structured more like a townhome project where residents will own the land beneath the house and a small backyard patio area while the remainder of the site will be in common ownership maintained by a Homeowners' Association. In addition to the parking spaces at each home, there are three visitor parking areas that provide an additional 14 spaces. A by -right residential development on the site under the current R -15 zoning would allow 9 dwelling units, which is estimated to generate about 11 trips in the AM and 10 trips in the PM peak hours. U nder the proposed R -5 zoning, 22 detached single - family homes could be constructed on the site, which is estimated to generate about 20 trips in the AM and 24 trips in the PM peak hours. The expected net difference in traffic would be an increase of 9 AM and 14 PM peak trips when compared to current zoning. Although the homes will be on smaller lots than the nearby neighborhoods, they are detached single - family homes, functioning as a transition from the high intensity adjacent highways to the existing neighborhood. The subject property is located in an area designated as a General Residential place type that provides opportunities for lower- density housing (up to approximately eight units per acre) and associated civic and commercial services. The Comprehensive Plan indicates that a variety of housing types such as single family residential and duplexes are typical in this place type. The overall project density of 6.1 units per acre for the proposed development is in -line with the preferred density range for the General Residential place type. The design of the proposed project supports the transitional nature of this development, clustering the new single - family homes to provide a buffer from the high intensity roadways while maintaining compatibility with the existing neighborhood. The proposed (CZD) R -5 rezoning is generally CONSISTENT with the Comprehensive Plan because the project's density is in -line with the density and housing type recommendations for the General Residential areas, and because it Board of Commissioners - September 8, 2020 ITEM: 8 assists with providing a diversity of ownership options in the area while supporting opportunities for housing with a range of price points. The Planning Board considered this application at the August 6, 2020 meeting. At the meeting, five residents spoke in opposition to the request. Concerns included traffic, higher density compared to the existing neighborhoods, that the proposed homes might sell for less than existing homes in the area, ownership options, and emergency vehicle access. The Planning Board recommended approval of the application (5 -1; Absent - J. Rawl). RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff concurs with the Planning Board's recommendation and suggests the following motion: I move to APPROVE the proposed rezoning to a (CZD) R -5 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project's density is in -line with the density and housing type recommendations for the General Residential place type, and because this proposal will provide an orderly transition between the high intensity roadway corridors and the existing residential neighborhoods. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal assists with providing a diversity of ownership options in the area while supporting opportunities for housing with a range of price points. Alternative Motion for Denial I move to DENY the proposed rezoning to a (CZD) R -5 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project's density is in -line with the density and housing type recommendations for the General Residential place type, and because this proposal will provide an orderly transition between the high intensity roadway corridors and the 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 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 -1, Vice -Chair Kusek dissenting. Board of Commissioners - September 8, 2020 ITEM: 8 SCRIPT for Conditional Zoning District Application (Z20 -14) Request by Design Solutions on behalf of the property owner, Ripwood Company, Inc., to rezone approximately 3.6 acres of land located in the 600 block of Spring Branch Road from R -15, Residential District, to (CZD) R -5, Conditional Moderate -High Density District, in order to develop 22 single - family units. 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 (CZD) R -5 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project's density is in -line with the density and housing type recommendations for the General Residential place type, and because this proposal will provide an orderly transition between the high intensity roadway corridors and the existing residential neighborhoods. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal assists with providing a diversity of ownership options in the area while supporting opportunities for housing with a range of price points. [Optional] Note any conditions to be added to the district. Example Motion of Denial I move to DENY the proposed rezoning to a (CZD) R -5 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project's density is in -line with the density and housing type recommendations for the General Residential place type, and because this proposal will provide an orderly transition between the high intensity roadway corridors and the 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 the density will adversely impact the adjacent neighborhoods. Board of Commissioners - Sentember 8. 2020 ITEM: 8 -1 - 1 Alternative Motion for Approval /Denial: I move to [Approve /Deny] the proposed rezoning to a conditional 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 - ITEM: 8 - 1 - STAFF REPORT FOR Z20 -14 CONDITIONAL ZONING DISTRICT APPLICATION APPLICATION SUMMARY Case Number: Z20 -14 Request: Rezoning 3.6 acres from R -15 to (CZD) R -5 in order to develop 22 single - family units Applicant: Property Owner(s): Cindee Wolf, Design Solutions Ripwood Company, Inc. Location: Acreage: 600 block of Spring Branch Road 3.6 PID(s): Comp Plan Place Type: R04900 -001 - 014 -000 General Residential Existing Land Use: Proposed Land Use: Undeveloped Single - Family Detached Dwellings Current Zoning: Proposed Zoning: R -15 (CZD) R -5 Moderate -High Residential Zoning I w - ? J �"�—asnFORO . t } R -15 µpRTIN L _fti R KING ]R MARTI N LUTHER :KING JR �'�20 -1 4 MMYI - City of Wilmington cC Hanover County, NC SURROUNDING AREA LAND USE ZONING North Single - Family Residential R -15 East N. College Road Right -of -Way, Single - Family Residential R -15 South MLK Parkway Right -of -Way, Electrical Substation, Corning Industrial (City of Wilmington) West Undeveloped, Single - Family Residential R -15 Z20 -14 Staff Report BOC 9.8.2020 Page 1 of 14 Board of Commissioners - September 8, 2020 ITEM: 8 - 2 - 1 Aerial., a MART}N'LUTNL-R• KiNG-1 R � -MA RTiN'LUTHER' KING -JRI` ZONING HISTORY July 1, 1972 Initially zoned R -15 (Area 9A) e -i,4e N."a -D ver C,ouinty., COMMUNITY SERVICES Water /Sewer Water and sewer services are available through CFPUA. Specific 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 Historic Wrightsboro Elementary, Holly Shelter Middle, and Laney High schools Schools No known archaeological resources For more information, see the full School statistics below Recreation Kings Grant Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation resource maps indicate that swamp forest may be present in the southwestern corner of the site, however according to the applicant, Conservation there is no evidence of wetlands on the property. The location of any wetlands will be verified during the TRC review process. Historic No known historic resources Archaeological No known archaeological resources Z20 -14 Staff Report BOC 9.8.2020 Page 2 of 14 Board of Commissioners - September 8, 2020 ITEM: 8 - 2 - 2 APPLICANT'S PROPOSED CONCEPTUAL PLAN • The applicant is proposing to rezone approximately 3.6 acres from R -15 to (CZD) R -5 in order to develop 22 detached single - family homes under the County's performance residential standards. • The applicant has indicated that the subject property will be subdivided into 22 individual lots. The resultant lots will have the same dimensions as the footprint of each building, and the area outside of each footprint will be dedicated common area in which a Homeowners Association will assume responsibility for maintenance of the open space, recreation facilities, and other common areas within the development. • The conceptual plan shows the homes on either side of a circular drive aisle at the terminus of Spring Branch Drive with driveways large enough for two vehicles for each unit. In addition, there are three visitor parking areas that provide an additional 14 spaces. A 5- foot -wide sidewalk connects the proposed development to the existing Spring View Estates neighborhood to the north. • The subject site is located at the northwest corner of Martin Luther King Jr. Parkway and N. College Road where future NCDOT improvements are planned. To anticipate these improvements, the applicant has shown the area that NCDOT may require for future right - of -way and has designed the site to accommodate the land needed for that project. Additional information is provided in the Transportation Section below. Proposed Conceptual Site Plan with Staff Markups Z20 -14 Staff Report BOC 9.8.2020 Board of Commissioners - September 8, 2020 ITEM: 8 - 2 - 3 Page 3 of 14 Site I w A- Boundary Boundary iilll� s �S; 7 o I _ i I Perimeter 1 r S Setback roN° f visit&- _' r_ Parking f 4 � 1 II 7 y � ! ± r2D / / Rec. 1 t Areu r r f Open Y - I j! tj f 0 f9 i Space -- �♦ d -_Area II - AI M 1 7 —2,900s ! , Preliminary AE Flood Zone r /~ r \� Stormwafer i \1r 1 i / Expansion for • 61 15' 1 4 Panel I r r , f i ��/ � Prajed u -5792 _- -__- -- - -= -- Martin Luther King Jr. Parkway ------- Z20 -14 Staff Report BOC 9.8.2020 Board of Commissioners - September 8, 2020 ITEM: 8 - 2 - 3 Page 3 of 14 ZONING CONSIDERATIONS • Under the County's performance residential standards, the subject property would be permitted up to 9 dwelling units at a maximum density of 2.5 dwelling units per acre (du/ac). The applicant is proposing a total of 22 detached single - family dwelling units on 3.6 acres at a net density of 6.11 du/ac, which is about 2 units per acre less than the maximum (8 du/ac) permitted in the R -5 district. AREA SUBDIVISIONS UNDER DEVELOPMENT Z20 -14 Staff Report BOC 9.8.2020 Page 4 of 14 Board of Commissioners - September 8, 2020 ITEM: 8 - 2 - 4 R -15 R -5 Proposed CZD Min Lot Size 15,000 sf 5,000 sf N/A (Conventional) Max Density 2.5 du /ac 8 du /ac 6.11 du /ac (Performance) (9 total units) (29 total units) (22 total units) Additional 10.2 du /ac Dwelling Unit (37 total units) N/A N/A Allowance SUP Permitted Housing Single- family, mobile Single- family, duplex, Detached single - Types home, duplex, townhomes family homes townhomes, multi - family (max 4-units/building) Nonresidential � 20 uses w/ SUP 10 uses w/ SUP Uses (convenience stores, (recreation kennels, camping) establishments, day care - 15 uses by -right centers) N/A (wholesale nurseries, 10 uses by -right stables) (parks, libraries, churches) AREA SUBDIVISIONS UNDER DEVELOPMENT Z20 -14 Staff Report BOC 9.8.2020 Page 4 of 14 Board of Commissioners - September 8, 2020 ITEM: 8 - 2 - 4 TRANSPORTATION • Access is provided to the subject property using the internal roads of Spring View Estates. Specifically, via Spring Branch Road (SR 2059) which connects to N. College Road (NC 1 32 /US 1 17) by way of Spring View Drive (SR 1378) and Kings Drive (SR 2057). Spring View Drive is currently an unsignalized intersection with limited turning movements to enter the neighborhood and exit onto N. College Road. Kings Drive, however, is a signalized intersection allowing traffic to enter and exit the neighborhood from all directions. • Once the two planned roadway projects along MLK and College Road are complete, traffic associated with this development will be required to use the Kings Drive full movement intersection to access the site. Please refer to the Planned Transportation Improvements Section for additional information. i +SIP } Noland Dr J f Kenningston St Spring Valley Rd -i ' � I Grathwol Dr I� Kings Dr elf - i ID _ Spring Branch Rd — a_ Spring View Dr - Site Martin Luther 4Cinej'1r. PcsrkwcsY �=— + _ City of � J Wilmington • A by -right residential development on the site under the current zoning (R -15) would allow 9 dwelling units, which is estimated to generate about 1 1 trips in the AM and 10 trips in the PM peak hours. Under the proposed R -5 zoning, 22 detached single - family homes could be constructed on the site, which is estimated to generate about 20 trips in the AM and 24 trips in the PM peak hours. The expected net difference in traffic would be an increase of 9 AM and 14 PM peak trips when compared to current zoning. Z20 -14 Staff Report BOC 9.8.2020 Page 5 of 14 Board of Commissioners - September 8, 2020 ITEM: 8 - 2 - 5 • Because there have been no recent traffic impact analyses in the area addressing relevant intersections, staff has provided the volume to capacity ratio for Martin Luther King Jr. Parkway and N. College 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. The peak hour traffic estimated to be generated by this proposal represents less than 1 % of the capacity of the large adjacent limited access highways and is not expected to have a noticeable impact on those roads. NCDOT Average Annual Daily Traffic (AADT) - 2018 Road Intensity Approx. Peak Hour Trips Existing Development: Undeveloped 0 AM 0 PM Typical Development under 9single- family homes 1 1 AM 10 PM Current Zoning: West of N. College Road 36,500 Proposed Development under 22 single - family homes 20 AM 24 PM Proposed R -5 Zoning: 45,500 53,000 Net Increase under Proposed — 9 AM 14 PM R -5 Zoning: 0.73 • Because there have been no recent traffic impact analyses in the area addressing relevant intersections, staff has provided the volume to capacity ratio for Martin Luther King Jr. Parkway and N. College 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. The peak hour traffic estimated to be generated by this proposal represents less than 1 % of the capacity of the large adjacent limited access highways and is not expected to have a noticeable impact on those roads. NCDOT Average Annual Daily Traffic (AADT) - 2018 Road Location Volume Capacity V/C MLK Parkway East of N. College Road 26,500 34,600 0.77 West of N. College Road 36,500 34,600 1.06 N. College Road North of MLK Parkway 45,500 53,000 0.86 South of MLK Parkway 38,500 53,000 0.73 Z20 -14 Staff Report BOC 9.8.2020 Board of Commissioners - September 8, 2020 ITEM: 8 - 2 - 6 Page 6 of 14 Nearby Planned Transportation Improvements and Traffic Impact Analyses Traffic Impact Analyses Approved Under Review Under Draft PRiVA L Y "n!3 SONG, IM'�ny x u S McCLELL4I1D L a Im d �Z O "'•� STIP Project o C r M Miles E 0 0.25 0,5 V BALL sr u 1 Mile Radius �r z ,L b s� Avc :. z 4 Q � 7 STIP Project z U -5881 & U -5792 LARD TENJr'YSON Q,4 . CREST .00D _ASHF'ORii _ X, Y � G .0 i- TEfRY S of Wilmington DEAN 1 �.A a �s o U SPRIG VIEW R ;PLEE SPRIt_G.T1ME -� t1J Z20 -14 w j fl s a Im d �Z O "'•� STIP Project o C r M Miles E 0 0.25 0,5 V BALL sr u 1 Mile Radius �r z ,L b s� Avc :. z 4 Q � 7 STIP Project z U -5881 & U -5792 LARD TENJr'YSON Q,4 . CREST .00D _ASHF'ORii G11A l Nearby Traffic Impact Analyses: There are no pending or recently approved Traffic Impact Analyses within the 7 -mile radius of the subject property that include improvements that affect this proposal. Nearby NC STIP Projects: • U -5792 (College /MLK Interchange) & U -5881 (College Road Improvements) • The NC State Transportation Improvement Program includes two projects (U -5792 & U -5881 ) that will upgrade College Road from Gordon Road to New Centre Drive. NCDOT's recommended plans for these projects include converting certain intersections along College Road into interchanges, including at MILK Parkway and Kings Drive. The current preliminary plans for the roadway project show that additional right -of -way will likely be required from the subject site. • The production schedule for the College/MLK Interchange and College Road Improvements projects were to begin right -of -way acquisition in 2024 and 2025, Z20 -14 Staff Report BOC 9.8.2020 Page 7 of 14 Board of Commissioners - September 8, 2020 ITEM: 8 - 2 - 7 J' Y � G L Cn�•C�• 7 City of Wilmington `r'�`'. 111 1 �.A a �s o 0 G11A l Nearby Traffic Impact Analyses: There are no pending or recently approved Traffic Impact Analyses within the 7 -mile radius of the subject property that include improvements that affect this proposal. Nearby NC STIP Projects: • U -5792 (College /MLK Interchange) & U -5881 (College Road Improvements) • The NC State Transportation Improvement Program includes two projects (U -5792 & U -5881 ) that will upgrade College Road from Gordon Road to New Centre Drive. NCDOT's recommended plans for these projects include converting certain intersections along College Road into interchanges, including at MILK Parkway and Kings Drive. The current preliminary plans for the roadway project show that additional right -of -way will likely be required from the subject site. • The production schedule for the College/MLK Interchange and College Road Improvements projects were to begin right -of -way acquisition in 2024 and 2025, Z20 -14 Staff Report BOC 9.8.2020 Page 7 of 14 Board of Commissioners - September 8, 2020 ITEM: 8 - 2 - 7 respectively, and bidding of the projects in 2026 and 2028, respectively. However, both of these projects are currently on hold for the foreseeable future. o According to preliminary plans, the STIP projects will also close existing accessways to N. College Road. Specifically, Spring View Drive and Kings Grant Road will be converted into cul -de -sacs, and Kenningston Street will be converted into a right - in/right -out intersection that directs traffic towards Kings Drive without entering N. College Road. Traffic from the existing neighborhoods would have to utilize Kings Drive to access N. College Road. This intersection will be converted to an interchange in order to accommodate the additional traffic. The interchange is currently designed with N. College Road overpassing the intersection with a roundabout installed under the bridge, which will allow for the existing signal at the intersection to be removed, permitting free flow east and west movements. Future Improvements • According to the Build Capacity Analysis Report for the College/MLK Interchange and College Road Improvement projects, which considered an annual approximate 2% increase in traffic volumes to the year 2040, the intersections of both N. College Road /Martin Luther King Jr. Parkway and N. College Road /Kings Drive are expected to operate at or above acceptable Levels of Service during the AM and PM peak hours once the improvements are constructed. In addition, the Kings Drive roundabout is also expected to operate at or above an acceptable Level of Service in both the AM and PM peak hours. Proposed NCDOT Improvements Along N. College Road (STIP U -5792 & U- 5881): *Based upon 15% Plans that are preliminary and subject to change LEGEND ~Subject ® N. College v Site '"_ �* rr U. sF,- -I ® Road at MLK 71 _`fir END TIP PROJECT U -5792 BEGIN TIP PROJECT U Parkway Cape F r i -5881 hL • 1K .,� -L- STA. 210 +00.00 ` - Proposed Right- Spring View Drive - yr green) Z (converted to cul- - rnoraseo de- N. College Read -- - _ - -- 11 ,13 N. College Roa d ----- - -- - - - - -- 1� _ --- 4 - �r -a rao osE 1� Overpass •+ Controlled Access Points N. Gallege BEGIN TIP PROJECT U -5881 over Subject Site is - Spring View Drive f, Ico verted to cul d —) ' Cape F r i hL • Christian Church Controlled Roundabout ` - - Access Foints under bridge a E'' N. College Read END TIP PRT U -5792 OJEC N College 1— c N. Gallege BEGIN TIP PROJECT U -5881 over Z20 -14 Staff Report BOC 9.8.2020 Board of Commissioners - September 8, 2020 ITEM: 8 - 2 - 8 Page 8 of 14 SCHOOLS • Students generated from this development would be assigned to Wrightsboro Elementary, Holly Shelter Middle, and Laney High schools. Students may apply to attend public magnet, year -round elementary, or specialty high schools. • Nine dwelling units would be permitted under the current R -15 zoning base density, and 22 units would be allowed under the proposed zoning for an increase of 13 dwelling homes. • 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 5.3 (2.4 elementary, 1.2 middle, and 1.7 high) students, which is approximately 3.1 more than if developed under existing zoning. Development Type Intensity Estimated Student Generation Existing Development Undeveloped Total: 0 (0 elementary, 0 middle, 0 high Typical Development 9 residential units Total: 2.2 under Current Zoning Assigned (1.0 elementary, 0.5 middle, 0.7 high) Proposed Development Capacity Total: 5.3 under Proposed (CZD) 22 residential units (2.4 elementary, 1.2 middle, 1.7 high) R -5 Zoning Assigned Upgrades *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. Z20 -14 Staff Report BOC 9.8.2020 Board of Commissioners - September 8, 2020 ITEM: 8 - 2 - 9 Page 9 of 14 Total Enrollment of Capacity of % of Funded Level NHC % School Assigned Assigned Capacity of Capacity Capacity School School w/ Assigned Upgrades Portables School Elementary 97% Wrightsboro 547 564 97% None Middle 107% Holly Shelter 917 934 98% None High 105% Laney 2,063 1,903 108% 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. Z20 -14 Staff Report BOC 9.8.2020 Board of Commissioners - September 8, 2020 ITEM: 8 - 2 - 9 Page 9 of 14 ENVIRONMENTAL • A small portion of the southwestern portion of the property, approximately 2,900 square feet in area, is within the AE Special Flood Hazard Area, however, no buildings are proposed within this area. • The property does not contain any Natural Heritage Areas. • The property is within the Smith 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 IV (unsuitable) soils. However, the subject site will be served by public water and sewer. CONTEXT AND COMPATIBILITY • The property is located at the southern end of Spring Branch Road which is a residential collector road that serves as the connecting street between local residential roads and the thoroughfare system. • The development is designed similar to a traditional detached single - family neighborhood with driveways and one -car garages. However, instead of a traditional home lot, ownership will be structured more like a townhome project where residents will own the land beneath the house and a small backyard patio area while the remainder of the site will be in common ownership maintained by a Homeowners' Association. • The site is located adjacent to an established residential neighborhood at the northwest corner of Martin Luther King Jr. Parkway and North College Road. • The proposed detached homes will be two stories but are restricted to the same maximum 35 -foot height that applies to the existing and adjacent areas zoned R -15. • Although the homes will be on smaller lots than the nearby neighborhoods, they are detached single - family homes, functioning as a transition from the high intensity adjacent highways to the existing neighborhood. Rearesentative Detached Sinale - Family Develoaments in R -5: Ft in 1111111 E.111 Smith Creek Village on New Centre Drive near Kerr Avenue Z20 -14 Staff Report BOC 9.8.2020 Avenir off Greenville Loop Road near Pine Grove Drive Board of Commissioners - September 8, 2020 ITEM: 8 - 2 - 10 Page 10 of 14 Avenir Representative Developments in R -15: Kings Grant Z20 -14 Staff Report BOC 9.8.2020 Board of Commissioners - September 8, 2020 ITEM: 8 - 2 - 11 Spring View Estates Page 11 of 14 r , � e:'(: Ucctn Drive s. �- .aW�',, ellsPring VFew Rjpj,� Ur Subject Site Spring View Estates 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 Types . :Ii��. Ai j�iGENERAL' RESIbENTIAL . _ c r MARTINLGTHER'KINGJR' Z20 -14 dlls.q: ' ��1.MgRTIN LUTNEIT KING ]� , Fie Rti sy of Wilmington �( * ot 40*:, nvverCounty, NC Z20 -14 Staff Report BOC 9.8.2020 Page 12 of 14 Board of Commissioners - September 8, 2020 ITEM: 8 -2-12 Future Land Use General Residential Map Place Type Focuses on lower- density housing and associated civic and commercial services. Typically, housing is single - family or duplexes. Commercial uses Place Type should be limited to strategically located office and retail spaces, while Description 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 General Residential place type provides opportunities for lower - density housing (up to approximately eight units per acre) and associated civic and commercial services. The overall project density of 6.1 units per acre for the proposed development is in -line with the preferred density range for the General Residential place type. The subject property is located between the residential Spring View neighborhood and the intersection of N. College Road and Martin Luther King Jr. Parkway where a future NCDOT project is planned. This road project will have a major impact on the area, converting certain intersections along College Road into interchanges, closing existing access ways to N. College Road, and converting Spring View Drive into a cul -de -sac. Analysis The design of the proposed project supports the transitional nature of this development, clustering the new single - family homes to provide a buffer from the high intensity roadways and future road design while maintaining compatibility with the existing residences. In addition, the building footprints outlined in the conceptual plan are set back further from property lines shared with the existing neighborhood than required by the ordinance. The Comprehensive Plan indicates that a variety of housing types such as single family residential and duplexes are typical in the General Residential place type. The proposed single - family development will provide an orderly transition between the high intensity roadway corridors and the existing residential neighborhood while offering a diversity of ownership structure. The proposed CZD R -5 rezoning is generally CONSISTENT with the Comprehensive Plan because the project's density is in line with the density Consistency and housing type recommendations for the General Residential areas. The Recommendation project provides an orderly transition between the high intensity roadway corridors and the existing residential neighborhood. Z20 -14 Staff Report BOC 9.8.2020 Board of Commissioners - September 8, 2020 ITEM: 8 -2-13 Page 13 of 14 PLANNING BOARD ACTION The Planning Board considered this application at the August 6, 2020 meeting. At the meeting, five residents spoke in opposition to the request. Concerns included traffic, higher density compared to the existing neighborhoods, that the proposed homes might sell for less than existing homes in the area, ownership options, and emergency vehicle access. The Planning Board recommended approval of the application (5 -1 ; Absent — J. Rawl), finding that the application to be: CONSISTENT with the purposes and intent of the Comprehensive Plan because the project's density is in -line with the density and housing type recommendations for the General Residential place type, and because this proposal will provide an orderly transition between the high intensity roadway corridors and the existing residential neighborhoods. The Planning Board also found APPROVAL of the rezoning request is reasonable and in the public interest because the proposal assists with providing a diversity of ownership options in the area while supporting opportunities for housing with a range of price points. STAFF RECOMMENDATION The proposed (CZD) R -5 rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because the proposed number of units is in -line with the recommended densities in the General Residential place type and the lower- density residential development would provide an orderly transition between the high intensity roadway corridors and the existing residential neighborhoods. Staff concurs with the Planning Board's recommendation and suggests the following motion: I move to APPROVE the proposed rezoning to a (CZD) R -5 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project's density is in -line with the density and housing type recommendations for the General Residential place type, and because this proposal will provide an orderly transition between the high intensity roadway corridors and the existing residential neighborhoods. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal assists with providing a diversity of ownership options in the area while supporting opportunities for housing with a range of price points. Alternative Motion for Denial I move to DENY the proposed rezoning to a (CZD) R -5 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project's density is in -line with the density and housing type recommendations for the General Residential place type, and because this proposal will provide an orderly transition between the high intensity roadway corridors and the 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 the density will adversely impact the adjacent neighborhoods. Z20 -14 Staff Report BOC 9.8.2020 Page 14 of 14 Board of Commissioners - September 8, 2020 ITEM: 8 -2-14 Case: Site Address: Existing Zoning/Use: Proposed Use/ZoniW. Z20-14 600 block R-15/Undeveloped (CZD) R-5/ Spring Branch Rd Single-Family m i 750 eld-I.v March-Et Cv �a Feet I ird of Comm loners - IT - CITY artin Luther Ki,,. R -10'\ Zoning Districts AC EDZD E PD 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) COD See Section 55.1 of the Zoning Ordinance Incorporated Areas a SHOD Case: Site Address: Existing Zoning/Use: oning /Use: Proposed Use /Zoning_ Z20 -14 600 block R -15 /Undeveloped (CZD) R -5/ Spring Branch Rd Single- Family N n• ............ , 01'—IGENERAL C i \;� o RipleeDr — RESIDENTIA e_Rd Subject Site Sp�g a, a� N` 0 - s- '\,ennon Lrtch ieldflV.: March Ct PIaCe Types r t�Trl �' L _ e `�• x. COMMERCE ZONE EMPLOYMENT CENTER GENERAL RESIDENTIAL URBAN MIXED USE COMMUNITY MIXED USE 4 RURAL RESIDENTIAL CONSERVATION -d - Rd �I I 750 Feet 'C!'...91► t4•.y µi 0 v r� ur i Case: Site Address: Existing Zoning /Use: Proposed Use /Zoning: Z20 -14 600 block R -15 /Undeveloped (CZD) R -5/ Spring Branch Rd Single - Family N 623 • 0 19 6 R -15 -- — r B -2 Dean-Dr n ' rt '^ Crest_wood:Dr . 701 _ W _ View Dr • 4649 _ 0 J spring: 4630 • 701 O. 1 • 4634 \:638 639 640 Site u R110 • 639 • • CITY Q a 4621 • :629 4633 36 635 o /S a • 4625 • •4637.631 632 631 V :701 I -1 o ��Riplee Dr 46 4630 22 4638 4642 • • Z • 04 0 I • I • • 627 4702 - 626 4634 • • Mi o I • 623 / 620 628 �605-601 Subject Site :19 626 • 615 • • 620 •616 _ B=le- Dr "artin•Lufl_ ... I¢ � e�908906 805 8X841 81 • • �\ `• 80Litchfield iy X04March -Ct 4 825 \ \03 • e I 909 • • 1 • 901 9,02 807Y9006 i • 802 721 •719 715 CO 719 • 715\ • • 7 13.709 7111 / Canc1 • •01 / 750 Feet ❑ Neigh 1 7i,- 533 5 91 •575 • • twiesioners - 521 • Dr APPLICANT MATERIALS Board of Commissioners - September 8, 2020 ITEM: 8 - 6 - 1 NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina Telephone (910) 798 -7165 FAX (910) 798 -7053 planningdevelopment.nhcg ov.com CONDITIONAL ZONING DISTRICT Application `7.' / r.\ Applicant /Agent Information Property Owner(s) If different than Applicanf/Agent Name Owner Name CINDEE WOLF RIPWOOD COMPANY, INC. Company Owner Name 2 DESIGN SOLUTIONS Address Address PO BOX 7221 4608 CEDAR AVE, UNIT 100 City, State, Zip City, State, Zip WILMINGTON, NC 28406 WILMINGTON, NC 28403 Phone Phone 910 -620 -2374 910- 791 -7472 Email Email CWOLF @LOBODEMAR.BIZ -- Subject Property Information Address /Location 620 SPRING BRANCH RD Parcel Identification Number(s) 314809.06.7039 Total Parcel(s) Acreage 3.60 ACRES +/- Existing Zoning and Use(s) R -15 / VACANT Future Land Use Classification GENERAL RESIDENTIAL Application Tracking Information (Staff Only) Case Number Date/Time received: FlFeceived by: 4 N� 22 Page 3 of 7 Board of Commissioners -Se tionao 'ing DQtrict Application — Updated 5/2017 ITEM: 8 - f i? Proposed Zoning, Use(s), & Narrative Proposed Conditional Zoning District:_ (CZD) R -5 _ Total Acreage of Proposed District: _3.60 AC. Only uses allowed by right in the corresponding General Use District are eligible for con side ration within a Conditional Zoning District. Please list the uses that will be allowed within the proposed Conditional Zoning District, the purpose of the district, and a project narrative (please provide additional pages if needed). The purpose of the R -5 district is to encourage medium density development where adequate services are already available. Single- family and individually - owned, detached -townhome housing is permitted in the residential districts by performance development standards. The style of development adds an alternative housing option in this area of the County that has historically been limited to single - family homes on larger lots. 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. Reference the site plan for project layout. All landscaping requirements for an attached housing project would be applied to add shading, visual interest and aesthetic quality. Board of Commissioners - September 8, 2020 Page 4 of 7 ITEM: 8 - 7 - conditional Zoning District Application — Updated 5/2017 Traffic Impact Please provide the estimated number of trips generated forth e proposed use based off the most recent version of the Institute of Transportation Engineers (IT E) Trip Generation Manual. AT raffic Impact Analysis (TIA) must be completed for all proposed developments that generate more than 100 peak hour trips, and the TIA must be included with this application. ITE Land Use: 210 - Single- family Homes Trip Generation Use and Variable (gross floor area, dwelling units, etc.): _PER DWELLLING UNIT @ 22 UNITS AM Peak Hour Trips: 17 PM Peak Hour Trips: 22 CONSIDERATION OF A CONDITIONAL ZONING DISTRICT The Conditional Zoning District procedure is established to address situations where a particular land use would be consistent with the New Hanover County Land Use Plan and the Zoning Ordinance objective and where only a specific use or uses is proposed. The procedure is intended primarily for use with transitions between zoning districts of very dissimilar character where a particular use or uses, with restrictive conditions to safeguard adjacent land uses, can create a more orderly transition benefiting all affected parties and the community -at- large. The applicant must explain, with reference to attached plans (where applicable), how the proposed Conditional Use Zoning District meets the following criteria. 1. How would the requested change be consistent with the County's policies for growth and development? (For example: the Comprehensive Plan and applicable small area plans) The policies for growth and development encourage safe and affordable housing to be available to every citizen. Sustainability of the County depends on sensible in -fill and maximizing use of lands already_ accessible to urban services. Increased density of development not only adds to the tax base, but makes better use of the existing infrastructure. 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? Rezoning this property for moderate density provides alternative housing opportunities in an area that already has public services available to it. Clustering by performance standards allows for more open common area. 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? Since the original Spring View neighborhood was created, the construction of 1 -40 as an extension of N College Road, and of MILK Parkway, has made this vicinity more attractive for housing opportunities because of the increased ease of commuting from home to jobs and services. Adding modest increase of density for new development is not uncommon. Board of Commissioners - September 8, 2020 Page 5 of 7 ITEM: 8 - 7 - conditional Zoning District Application — Updated 5/2017 APPLICATION REQUIREMENTS Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under "Applicant Initial ". If an item is not applicable, mark as "NIA'. Applications must be complete in order to process for further review. Board of Commissioners - September 8, 2020 Page 6 of 7 ITEM: 8 - 7 - conditional Zoning District Application — Updated 52017 Applicant Staff Required Information Initial Initial 1 Complete Conditional Zoning District application. CAW 2 Application fee — ($600 for 5 acres or less, $700 for more than 5 acres. An CAW additional $300 fee must be provided for applications requiring TRC review). 3 Community meeting written summary. CAW 4 Traffic impact analysis (for uses that generate more than 100 peak hour trips). N/A 5 Legal description (by metes and bounds) or recorded survey Map Book and Page CAW reference of the property requested for rezoning. 6 Site Plan including the following elements: • Tract boundaries and total area, location of adjoining parcels and roads. • Proposed use of land, structures and other improvements. For residential uses, this shall include number, height and type of units and area to be occupied by each structure and /or subdivided boundaries. For non- residential uses, this shall include approximate square footage and height of each structure, an outline of the area it will occupy and the specific purpose for which it will be used. • Development schedule including proposed phasing. • Traffic and Parking Plan to include a statement of impact concerning local traffic near the tract, proposed right -of -way dedication, plans for access to and from the tract, location, width and right -of -way for internal streets and location, arrangement and access provision for parking areas. CAW • All existing and proposed easements, reservations, required setbacks, rights -of -way, buffering and signage. • The one hundred (100) year floodplain line, if applicable. • Location and sizing of trees required to be protected under Section 62 of the Zoning Ordinance. • Any additional conditions and requirements, which represent greater restrictions on development and use of the tract than the corresponding General Use District regulations or other limitations on land which may be regulated by State law or Local Ordinance. • Any other information that will facilitate review of the proposed change Ref. Article VII, as applicable). 7 1 hard copy of ALL documents AND 8 hard copies of the site plan. Additional hard CAW copies may be required by staff depending on the size of the document site plan. 8 1 PDF digital copy of ALL documents AND plans. CAW Board of Commissioners - September 8, 2020 Page 6 of 7 ITEM: 8 - 7 - conditional Zoning District Application — Updated 52017 ACKNOWLED HMENT AND SIGNATURES By my signature below, I understand and accept all of the conditions, limitations and obligations of the Conditional Zoning District zoning for which is being applied. I understand that 4he existing official zoning map is presumed to be correct. I understand that] 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 limit ' s with regard to any and all things directly or indirectly connected with or arising out of this application. . K (FOR RiPWOOD CO., INC.) igncature o Proper Ow r(s) Print Name s) CYNTHIA WOLF / DESIGN SOLUTIONS Signatu a of Applicant /Agent Print Nome NOTE: Form must be signed by the owner(s) of recc rd. If there are multipi,� 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 b granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. �tii_; Page 7 of 7 Conditional Zoning District Application — Updated 5/2017 Board of Commissioners - September 8, 2020 ITEM: 8 - 7 - 5 Legal Description for Conditional Zoning District Beginning at a point along the eastern boundary of Spring Branch Road, a 60' public right -of- way; said point being at the southwestern corner of "Lot 13 — Spring View / Section 2," a division recorded among the land records of the New Hanover County Registry in Map Book 8, at Page 50; and running thence: South 79 043' East, 192.38 feet to a point; thence South 10 017' West, 463.00 feet to a point in the northern boundary of Martin Luther King Parkway, a public right -of -way; thence with that right -of -way, North 83 050'25" West, 382.12 feet to a point; thence leaving the right -of -way, North 07 028'31" East, 286.91 feet to a point; thence North 03 043' West, 36.00 feet to a point; thence North 86 017' East, 240.00 feet to a point in the eastern boundary of the terminus of Spring Branch Road; thence with that eastern right -of -way, North 03 043' West, 32.00 feet to a point; thence Along a curve to the right, having a Radius of 537.13 feet and Length of 81.03 feet, a Chord of North 00 036'28" East, 81.01 feet to the point and place of beginning, containing 3.60 acres, more or less. Board of Commissioners - September 8, 2020 ITEM: 8 - 7 - 6 •o- .41 IN. *t M v }' f my eve # I 0.a � • �'��' +�, ,k - v d a 0 r� MARTIN `-tiT SEK KING JR PKY -MARTIN LllT1-II=R KING JR PKY R -15 z z r 64 u - -- l MARTIN LL "I)i�N KJNG MAN 'M LUT Jf{ p NER KJNG JR PKy__ 6 7 � If Phal n - _ OF y 4 �� _ •vp.....K�.+'...rw.wTTR...rs� :.wf•�! -' J".w_ �pY iid`•�� .�...- ��^ ."yy �- 'f ^`- .'t- yr'J:. �T�-'. 't/ �G '�iiM]� ez t" a p } - C3 1`0 Len se m-7 of live" a) 4=01 I Mc. ` �.�i a Bi 71* l � = REPORT OF COMMUNITY MEETING NOTIFIACTION BY NEW HANOVER COUNTY ZONING ORIDINANCE FOR CONDITIONAL DISTRICT REZONINGS Project Name: Spring Ridge Proposed Zoning: R -15 to (CZD) R -5 The undersigned hereby certifies that written notice of a project proposal and an exhibit of the site layout for the above proposed zoning application was sent to the adjacent property owners set forth on the attached list by first class mail, and provided to the Planning Department for notice of the Sunshine List on June 26, 2020. The mailing gave the recipients opportunity to contact us with questions or comments via telephone or email. Copies of the written notices and the site layout are attached. The persons responding were: Reference attached list of contacts received from calls and emails. Date: Applicant: By: July 8, 2020 Design Solutions Cindee Wolf Mara ot Commissioners - September 6, ITEM: 8 - 7 - 11 Community Contact List Spring Ridge Community Name I Address I Email (Optional) Michael Blanchard 14642 Riplee Dr Iblanchardprod @bellsouth.net Cindee Wolf I Project Planner lcwolf @lobodemar.biz Board of Commissioners - September 8, 2020 ITEM: 8 -7-12 PROPERTY OWNER MAILING ADDRESS CITY / STATE / ZIP SITUS LOCATION ALDERMAN DANIEL G JR CAROLYN S 4637 RIPLEE DR WILMINGTON, NC 28405 4637 RIPLEE DR WILMINGTON ALLEN CHARLES 4701 MILFORD RD WILMINGTON, NC 28405 4701 MILFORD RD WILMINGTON BLANCHARD MICHAEL DEBORAH A 4922 NORTHEASTERN DR WILMINGTON, NC 28409 4642 RIPLEE DR WILMINGTON BLASZKA WILLIAM ETAL 626 COLLEGE RD N WILMINGTON, NC 28405 626 COLLEGE RD N WILMINGTON BREWER JERRY JASON JR ETAL 4638 RIPLEE DR WILMINGTON, NC 28405 4638 RIPLEE DR WILMINGTON BYSTROM LAUREN L CARL E 639 SPRING BRANCH RD WILMINGTON, NC 28405 639 SPRING BRANCH RD WILMINGTON CAPE COTTAGES HOA INC 2002 EASTWOOD RD #202 WILMINGTON, NC 28405 705 SUMMERTIME LN WILMINGTON CHESTNUT STREET PARTNERS LP 1 MUSCOGEE AVE NW ATLANTA, GA 30305 620 COLLEGE RD N WILMINGTON CHESTNUT STREET PARTNERS LP 1 MUSOGEE AVE NW ATLANTA, GA 30305 616 COLLEGE RD N WILMINGTON CORBETT JOSEPH N BRENDA D 632 SPRING BRANCH RD WILMINGTON, NC 28405 632 SPRING BRANCH RD WILMINGTON CORNING INCORPORATED 1 RIVERFRONT PLZ COARNING, NY 14831 521 COLLEGE RD N WILMINGTON COSTIN EBERN MARGARET REV LIV TR 4622 SPRING VIEW DR WILMINGTON, NC 28405 4622 SPRING VIEW DR WILMINGTON DODSON LIONEL A LEILA H 4649 SPRING VIEW DR WILMINGTON, NC 28405 4649 SPRING VIEW DR WILMINGTON DOVER CLARENCE W SHIRLEY M 701 COLLEGE RD N WILMINGTON, NC 28405 701 COLLEGE RD N WILMINGTON FANTAUZZI SIGFREDO A 4706 MILFORD RD WILMINGTON, NC 28405 4706 MILFORD RD WILMINGTON FOSTER MARK JOSEPH 4634 RIPLEE DR WILMINGTON, NC 28405 4634 RIPLEE DR WILMINGTON HOWARD LOUIS J JR JOHNNIE C 4633 RIPLEE DR WILMINGTON, NC 28405 4633 RIPLEE DR WILMINGTON HUFHAM CHRISTOPHER D ROBIN A 4622 RIPLEE DR WILMINGTON, NC 28405 4622 RIPLEE DR WILMINGTON KENNEDY ELBERT H FAY M 4629 RIPLEE DR WILMINGTON, NC 28405 4629 RIPLEE DR WILMINGTON KEYS STEPHEN M 4617 RIPLEE DR WILMINGTON, NC 28405 4617 RIPLEE DR WILMINGTON MCCOY WINFRED S 117 MARSH FIELD DR WILMINGTON, NC 28411 4621 RIPLEE DR WILMINGTON MESSER TOM E NANCY VIVIAN 640 SPRING BRANCH RD WILMINGTON, NC 28405 640 SPRING BRANCH RD WILMINGTON MOORE JERRY E TRACY G 4702 MILFORD RD WILMINGTON, NC 28405 4702 MILFORD RD WILMINGTON NORRIS CARLYLE T LIFE ESTATE 4209 EDNA BUCK RD CASTLE HAYNE, NC 28429 635 COLLEGE RD N WILMINGTON NYGREN ERIC N 530 STARMOUNT LN HENDERSONVILLE, NC 28791 4626 SPRING VIEW DR WILMINGTON OXENDINE DAWN M ETAL 4630 RIPLEE DR WILMINGTON, NC 28405 4630 RIPLEE DR WILMINGTON PARHAM NECIE L LIFE ESTATE 639 COLLEGE RD N WILMINGTON, NC 28405 639 COLLEGE RD N WILMINGTON PEPPIN DORIS WATSON ETAL 1181 CARLTON CT APT 104 FORT PIERCE, FL 34949 701 SPRING BRANCH RD WILMINGTON PETERSON CHARLES L GEORGIA 4626 RIPLEE DR WILMINGTON, NC 28405 4626 RIPLEE DR WILMINGTON POLLARD PATRICIA D LESLIE WALT 4703 HAMMOCK PL WILMINGTON, NC 28409 636 SPRING BRANCH RD WILMINGTON ROOKER MARK F 3304 DOUGHER CT WAKE FOREST, NC 27587 4630 SPRING VIEW DR WILMINGTON ROURK ROBERT I ANNA JANICKI PO BOX 749 REIDSVILLE, NC 27323 4634 SPRING VIEW DR WILMINGTON SMITH SHARON D JON MICHAEL 4633 SPRING VIEW DR WILMINGTON, NC 28405 4633 SPRING VIEW DR WILMINGTON SPIER ERIC A 631 SPRING BRANCH RD WILMINGTON, NC 28405 631 SPRING BRANCH RD WILMINGTON SUGGS ALVY JAMES JULIA 628 COLLEGE RD N WILMINGTON, NC 28405 628 COLLEGE RD N WILMINGTON SUMMERS DIANE H 4625 RIPLEE DR WILMINGTON, NC 28405 4625 RIPLEE DR WILMINGTON TURNER WILLIAM L 4629 SPRING VIEW DR WILMINGTON, NC 28405 4629 SPRING VIEW DR VANN RACHEL S 105 HERMITAGE RD CASTLE HAYNE, NC 28429 631 COLLEGE RD N WILMINGTON WILLIAMS JEFFREY TOD 4638 SPRING VIEW DR WILMINGTON, NC 28405 4638 SPRING VIEW DR WILMINGTON WILMINGTON CITY OF PO BOX 1810 WILMINGTON, NC 28402 575 COLLEGE RD N WILMINGTON Board of Commissioners - September 8, 2020 ITEM: 8 -7-14 June 30, 2020 To: Spring View Property Owners From: Cindee Wolf Re: Ripwood Future Development The 3.6 -acre tract at the end of Spring Branch Road has never been a part of any of the sections recorded for Spring View Subdivision. The tract as it exists, and as zoned in the R -15 district, can be developed by -right of the New Hanover County Unified Development Code, with up to nine residential housing units. After a thorough title search by an Attorney, it has also been confirmed that this land is not subject whatsoever to the Declaration of Covenants that have AF _ � - -r: :$ ; - 4 Alb.- 94 r _ , IL applied to the lots created as part of that neighborhood. Other than 20' setbacks and a maximum height of 35', there is no dictate over the size of lots, type of structure(s) or style of architecture. Those units could be nine detached homes, nine townhomes or even nine apartment units in a single building in ac- cordance with the County's Performance Development standard. s �c�-ioev z HA M!1'T TObIl41P - NOKp mUNM. WOISTN CmTPGIM4 �R PIRV✓000 CO., INC. HOMER �PA=1 co. Map Book 8 / RP R , ®. ---Tage e 50 4,1.1 - The difference with a Conditional Zoning District rezoning is that a particular use can be established with specific standards and conditions pertaining to the individual develop- ment project. Essentially, even though the density would be increased to some extent, there is a surety on the type of housing product, the layout and the improvements. This land will be developed in the near future. The County's Comprehensive Land Use Plan recommends that increased density is appropriate for this tract, and sustainability of the County depends on sensible in -fill. Based on the comments voiced during previous meetings, the Owner is willing to commit to twenty -two (22) single - family homes as shown on the following plan. It is obviously more density than the nine units currently permitted, but offers assurances of the housing type, the layout and the improvements. We believe that this proposed community would be the most positive addition to the Spring View neighborhood. Board of Commissioners - September 8, 2020 ITEM: 8 -7-15 We intend to make a new submittal and want to give neighbors another opportunity for explanation of the proposal, and for questions to be answered concerning project improvements, benefits, and impacts. Due to the current COVID -19 issue, a meeting cannot be held at this time. In lieu of that, you can contact me with comments or questions at: Telephone: 910 - 620 -2374, or Email: cwolfCcDlobodemar.biz We can also set up an on -line meeting for a forum with multiple parties if requested. Please let me know if you are interested in that alternative and arrangements will be made. All contact, comments, concerns, and recommendations will be recorded in a report delivered to the County along with a rezoning application. Prior to this project being reviewed by the Planning Board & Commissioners, you will receive subsequent notices of those agendas directly from the County. Those meetings provide public hearings for comment on any issues pertinent to approval of the proposal. Board of Commissioners - September 8, 2020 ITEM: 8 -7-16 PROPOSED SITE PLAN Board of Commissioners - September 8, 2020 ITEM: 8 - 8 - 1 N W F- 5 . IfL U z m z CZ 1- N MARTIN LUThFR- KING JR PKY Vicinity Map (No Scale) 0 z n/f Carl * Lauren By5trom D.B. 5705 -23 1 1 n/f Joseph Spier D.B. 3897-181 n/f r/f Michael Jerry Jason Deborah Blanchard Brewer, Jr. etal ( D.B. 5510 -9G5 D.B. 4795 -053 2p 240.00.Ccta2 N8/6 °17E -° Rec Area 4 180 s.f.- _ --201 Per ter etback \� 5' WALK 24' V -V 3:1 MAX. 3:1 MAX. SLOPE SLOPE TO GRADE I TO GRADE 4'2-0" G" 2 "SF9.5A 2' -O" VALLEY ABC VALLEY GUTTER GUTTER Private Drive AI516 X- Section (w/ Valley Gutter) Development Notes: I . 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. P.O. Box 7221 Wilmivtgtovt, NC 28406 Tel. 910 -620 -2374 Destg?n Solutions ```�� \1111111 / /�� .�` %% N CAR off'''% i' •........... - ester I Site Inventory Notes: 1. Soils Type: Be (Daynmeade fine sand) 2. This property is not impacted by any AEC. 3. There are no Conservation Overlay boundaries affecting this property. 4. This site is not impacted by any recognized historic or archeological significance. 5. No cemeteries . were evidenced on the site. G. Exi5tmg vegetation will be located during detailed design 4 permitting. 7. There is no evidence of Jurisdictional wetlands on the site. 8. There is no evidence of endangered species or habitat issues on the site. 9. A small portion of this property is within a special flood hazard area as evidenced on FIRM Panel 37203 14800J / AE 14.2. 10. The site drainage flows into the Smith Creek dramage basin. Spring V1ew Dr / I Opel Sp�ef Martin Luther King Pkwy, Project No.: 20-15 Seale: 1 " =40' Date: 07/09/20 Revi5on5: Development Data: Total Tract Area - minu5 Class IV soils - (not applicable) minus Natural water features - (not applicable) Total Development Area - Performance Residential Density - 3.GO ac. @ 8.0 units /ac. (R -5 Density) _ Total Units Permitted - 29 ** 22 Units Proposed ** (Density = G units per acre) Owners: Ripwood Company, Inc. 4608 Cedar Ave., Unit 100 Wilmington, NC 28403 3. GO ac. -O- -0- 3. GO ac. (651 Public P\,/W) n/f Rlpwood Company, Inc. / S.R. 1 378 Recreation Space - 22 x 0.03 ac. /unit = 28,750 5.f. required ** Total Rec Area Prov'd. - 34,948+ 5.f. ** (Note: There are no wetlands or specific impediments to the recreation areas being active or passive in their use.) Surface Coverage Rooftops - Access Drive - 5idewalk - Parkmg Pads - Entry Walks �- Patios Tota I - 22,000 s.f.± 22,500 s.f.± 4,650 s.f.± 9,500 s.f.± 3,850 5.f.± 42,250 5.f.± (2G.9 %) Conditional Zoning District Site Ilan ' I I I I I I I I I I N Z U z 73 0z m 0 U z Utility Notes: 1. Existmg water and sanitary sewer services are currently available to the site from Cape Pear Public Utility Authority public mains. 2. All utility services, such as electric power, CATV, gas * telephone shall be installed underground. 3. All water S sewer utilities to be installed per CFPUA Technical Specifications * Standards. 4. Project shall comply with CFPUA Cross Connection Control requirements. Water meters) cannot be released until all requirements are met and N.C.D.E.N.P.. has issued their "Final Approval. ". Call 343 -3910 for information. 5. Any backflow prevention devices required by the CFPUA will need to be on the list of approved devices by U5CFCCCHR or A55E. G. The contractor 15 responsible for the location and protection or existin utilities durmg construction. Call U -LOCO at I - 800 -G32 -4949. Contractor is responsible for the repair and replacement Of any utilities, curb ff 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. 5olid waste disposal will be by individual residence cart pickup by a private contractor / hauler. Tree Preservation Notes: I . Tree Preservation / Removal Permit is required prior to clearmg � land disturbance. 2. Prior to any clearing, grading or construction activity, tree protection fencmg will be installed around protected trees or groves of trees and no construction workers, tools, materials, or vehicles are permitted within the tree protection fencing. 3. Protective. fencing is to be. maintained throughout the duration of the project. Land clearing and construction contractors shall receive adequate instruction on tree protection requirements and methods. 4. Protective fencing will be labeled with signs to be placed every fifty (50) linear feet, or at least two (2) signs per area, in both English 4 Spanish -'Tree Protection Area / Do Not Enter.' General Notes: I . New Hanover County Parcel No.: PIN - 3 14809.OG.7039 PID - R04900-001-014-000 2. Tract Area: 3. GO ac. -t 3. Zoning District: Existing - R -1 5 Proposed - (CZD) R -5 4. Comprehensive Plan Classification: General Residential W A 5 Graphic Scale 40 0 20 40 80 Property Address: G20 Spring Branch Road r i n F�, i �! a Performance Residential Development Harnett Township / New Hanover County / North Carolina E N 03'43'W 36.00' i I - / 2q - 23 - Flood - Hazard _ Boundary AF l 4.2 / X20 / I �19 Nf NC Dept. of Transportation _ D.B. 21 90 -G83 LU Zoning: R -15 CID V - Land Use: OI \ O ® �v Vacant f° I 17 I I ` ./ I- I I Rec 6)rea / � 5.f./7-(- 0 s.f. Branch \ F/oodway 5' WALK 24' V -V 3:1 MAX. 3:1 MAX. SLOPE SLOPE TO GRADE I TO GRADE 4'2-0" G" 2 "SF9.5A 2' -O" VALLEY ABC VALLEY GUTTER GUTTER Private Drive AI516 X- Section (w/ Valley Gutter) Development Notes: I . 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. P.O. Box 7221 Wilmivtgtovt, NC 28406 Tel. 910 -620 -2374 Destg?n Solutions ```�� \1111111 / /�� .�` %% N CAR off'''% i' •........... - ester I Site Inventory Notes: 1. Soils Type: Be (Daynmeade fine sand) 2. This property is not impacted by any AEC. 3. There are no Conservation Overlay boundaries affecting this property. 4. This site is not impacted by any recognized historic or archeological significance. 5. No cemeteries . were evidenced on the site. G. Exi5tmg vegetation will be located during detailed design 4 permitting. 7. There is no evidence of Jurisdictional wetlands on the site. 8. There is no evidence of endangered species or habitat issues on the site. 9. A small portion of this property is within a special flood hazard area as evidenced on FIRM Panel 37203 14800J / AE 14.2. 10. The site drainage flows into the Smith Creek dramage basin. Spring V1ew Dr / I Opel Sp�ef Martin Luther King Pkwy, Project No.: 20-15 Seale: 1 " =40' Date: 07/09/20 Revi5on5: Development Data: Total Tract Area - minu5 Class IV soils - (not applicable) minus Natural water features - (not applicable) Total Development Area - Performance Residential Density - 3.GO ac. @ 8.0 units /ac. (R -5 Density) _ Total Units Permitted - 29 ** 22 Units Proposed ** (Density = G units per acre) Owners: Ripwood Company, Inc. 4608 Cedar Ave., Unit 100 Wilmington, NC 28403 3. GO ac. -O- -0- 3. GO ac. (651 Public P\,/W) n/f Rlpwood Company, Inc. / S.R. 1 378 Recreation Space - 22 x 0.03 ac. /unit = 28,750 5.f. required ** Total Rec Area Prov'd. - 34,948+ 5.f. ** (Note: There are no wetlands or specific impediments to the recreation areas being active or passive in their use.) Surface Coverage Rooftops - Access Drive - 5idewalk - Parkmg Pads - Entry Walks �- Patios Tota I - 22,000 s.f.± 22,500 s.f.± 4,650 s.f.± 9,500 s.f.± 3,850 5.f.± 42,250 5.f.± (2G.9 %) Conditional Zoning District Site Ilan ' I I I I I I I I I I N Z U z 73 0z m 0 U z Utility Notes: 1. Existmg water and sanitary sewer services are currently available to the site from Cape Pear Public Utility Authority public mains. 2. All utility services, such as electric power, CATV, gas * telephone shall be installed underground. 3. All water S sewer utilities to be installed per CFPUA Technical Specifications * Standards. 4. Project shall comply with CFPUA Cross Connection Control requirements. Water meters) cannot be released until all requirements are met and N.C.D.E.N.P.. has issued their "Final Approval. ". Call 343 -3910 for information. 5. Any backflow prevention devices required by the CFPUA will need to be on the list of approved devices by U5CFCCCHR or A55E. G. The contractor 15 responsible for the location and protection or existin utilities durmg construction. Call U -LOCO at I - 800 -G32 -4949. Contractor is responsible for the repair and replacement Of any utilities, curb ff 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. 5olid waste disposal will be by individual residence cart pickup by a private contractor / hauler. Tree Preservation Notes: I . Tree Preservation / Removal Permit is required prior to clearmg � land disturbance. 2. Prior to any clearing, grading or construction activity, tree protection fencmg will be installed around protected trees or groves of trees and no construction workers, tools, materials, or vehicles are permitted within the tree protection fencing. 3. Protective. fencing is to be. maintained throughout the duration of the project. Land clearing and construction contractors shall receive adequate instruction on tree protection requirements and methods. 4. Protective fencing will be labeled with signs to be placed every fifty (50) linear feet, or at least two (2) signs per area, in both English 4 Spanish -'Tree Protection Area / Do Not Enter.' General Notes: I . New Hanover County Parcel No.: PIN - 3 14809.OG.7039 PID - R04900-001-014-000 2. Tract Area: 3. GO ac. -t 3. Zoning District: Existing - R -1 5 Proposed - (CZD) R -5 4. Comprehensive Plan Classification: General Residential W A 5 Graphic Scale 40 0 20 40 80 Property Address: G20 Spring Branch Road r i n F�, i �! a Performance Residential Development Harnett Township / New Hanover County / North Carolina E NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 9/8/2020 Regular DEPARTMENT: Planning PRESENTER(S): Gideon Smith, Current Planner CONTACT(S): Gideon Smith; Brad Schuler, Senior Planner and Wayne Clark, Planning and Land Use Director SUBJECT: Quasi - Judicial Hearing Special Use Permit Request (S20 -03) — Request by Anna Bessellieu McCauley on Behalf of the Property Owner, Frances Boney Bessellieu Revocable Trust, for a Special Use Permit to Operate an Outdoor Recreation Establishment (Wedding Venue) Within the R -15, Residential District, Located at 175 Whipporwill Lane BRIEF SUMMARY: The applicant is seeking to obtain a special use permit to operate an outdoor recreation establishment (wedding venue) in the R -15 zoning district. According to the owner, the venue, Marker 137, has been providing wedding services at the subject site since about 2014. The county recently received a complaint regarding the venue from a nearby resident. Zoning Enforcement staff research indicates that the venue never received proper zoning approvals for this use. There are no prior complaint records and due to the remote location of the site, lack of signage, and limited operation, staff was unaware of this use at this location until the recent complaint. County staff then informed the property owner of the violation and that a SU P would be required to continue operation of the venue. As proposed, the wedding venue will provide a location for wedding ceremonies and receptions to take place on Fridays, Saturdays, or Sundays with all music ending no later than 10:00 pm. I n addition, the applicant proposes to limit the total number of weddings to a maximum of 16 events throughout the year. Depending on the venue's schedule, multiple weddings may take place during the same month, however, the venue will be limited to one event per week. The applicant has indicated that an average of about 125 guests attend the ceremonies that typically begin between 4:00 pm and 5:00 pm. Overall, each event lasts between 5 and 6 hours and the applicant indicated that all guests and wedding parties are typically off the site by 11:00 pm. However, there is no specific deadline when all guests and wedding parties must be off the site. Prior to each event, the applicant schedules and coordinates the arrival of all vendors, including tents and supplies, lighting, portable toilets, music, and caterers. For a Saturday event, the tent vendors generally arrive on Thursday afternoon to set up which takes about 4 hours. The lighting and portable toilet vendors arrive at the site the day before the event (Friday) in order to have the site ready before the wedding party or guests arrive. The caterers and music vendors arrive about 2 hours before any ceremony. All vendors and equipment are removed from the site the day following each event. In addition to the vendors, the applicant anticipates that the wedding guests will arrive between thirty minutes to one hour before any wedding ceremony. With an average of 125 guests per event, the applicant anticipates that some guests will either drive or carpool in personal vehicles and park on site and some will utilize a private transportation service like U ber or Lyft. The applicant has indicated that all wedding activities and parking will be limited to the subject property. The western portion of the property has space to accommodate a little over 50 vehicles and the concept plan allows for all vehicles to be parked and exit the site without moving another vehicle. The proposed parking area Board of Commissioners - September 8, 2020 ITEM: 9 meets U DO requirements based on the nature of the proposed use. Due to the general nature of weddings, all guests do not remain at the wedding venue for the entire duration of the event. Traffic exiting the site following the ceremony is expected to be staggered from around 6:00 pm to 11:00 pm. Access is provided to the subject property by Whipporwill Lane (SR 1518), which is approximately 2,200 feet in length from Masonboro Loop Road to the subject property's driveway. About 90% of the road is paved and maintained by NCDOT. The site's driveway is located approximately 175 feet beyond the State maintained segment of Whipporwill Lane. The ITE Trip Generation Manual does not specifically address wedding venues or provide trip generation estimates for that specific use. Based upon information provided by the WMPO, a church is a similar use due to services taking place primarily on weekends with specific schedules for each service. Applying the church classification to a wedding venue with 125 guests, it would be expected to generate about 150 daily trips on the day of an event. The trips would be dispersed over the duration of the event and would not be expected to exceed 100 trips in the peak hour. However, the highest volume of traffic would likely be in the hour before the event start time. All of the traffic is likely to travel along Whipporwill Lane, which is a local street that is not typically expected to handle event -level traffic volumes. Music is typically played for about 3 hours following wedding ceremonies. The applicant states she alternates the location of the music vendors for each event in an effort to change the direction of the sound and provide relief to the surrounding neighbors. There is an existing natural wooded area along the northern property boundary that provides some buffer for the sound. Common events that occur within residential areas such as garage sales, holiday parties, and other family parties are typically limited in duration, scale, and scope. These types of events are often scheduled intermittently throughout the year and are less likely to have outdoor amplified music and to take place on a weekly, or even monthly basis. The General Residential place type allows for strategically located office and retail spaces in order to provide basic goods and services for nearby residents. These types of commercial uses would typically be located on the edges of neighborhoods or in locations with direct access to arterial or collector roadways to limit non - residential traffic. The location of the requested use in an established single - family neighborhood may contribute to impacts not typically associated with residential uses or areas. While the event venue could provide a service to the county residents, this type of venue typically attracts guests from outside the local Masonboro community and does not provide a direct service or benefit to the surrounding neighborhood or contribute to its residential character. The Planning Board considered this application at the August 6, 2020 meeting. At the meeting, six people spoke in favor and seven people spoke in opposition to the Special Use Permit. Statements of support referenced the applicant's character, integrity, professionalism, charity, and generosity, as well as statements regarding the applicant's presence at every event, respect for neighbors by limiting the number of weddings even though venue space is in high demand, the event policies and regulations that accommodate neighbors, the site's buffers, and associated music and noise. People speaking in opposition cited concerns including music volume and duration, noise in general, traffic, buffers, privacy, light from headlights in the parking area, and that the use is inappropriate within a residential neighborhood. The Planning Board recommended denial of the application (6 -0; Absent — J. Rawl) stating they were unable to find that the proposal 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 members noted that the proposed use is more similar to a commercial use like entertainment, and because the site does not have direct access to a major road, the commercial -like events attract higher traffic volumes that is not Board of Commissioners - September 8, 2020 ITEM: 9 typical of a residential neighborhood. In addition, the music and noise associated with the proposed use is disruptive to the surrounding residential neighborhoods and it is not the type of use intended by the Comprehensive Plan for this place type. RECOMMENDED MOTION AND REQUESTED ACTIONS: Example Motion for Approval: Motion to recommend approval, 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. [OPTIONAL] Note any additional findings of fact related to the four required conclusions. [OPTIONAL] Note any conditions be added to the development: [List Conditions] 1. The wedding venue shall be limited to a maximum of 16 events per calendar year with all events taking place on Fridays, Saturdays, or Sundays. 2. The wedding venue shall not allow any music to be played later than 10:00 pm. 3. All parking shall be contained within the subject property and no on- street parking shall be permitted along Whipporwill Lane or New Jack Road. 4. The property owner or venue operator shall notify all property owners with street addresses along Whipporwill Lane and Sound View Drive prior to any event taking place on the property. 5. The property owner shall construct a privacy fence between the subject property and 166 and 170 Sound View Drive in order to screen the adjacent properties from vehicle headlights within the parking area. Example Motion for Denial: Motion to recommend denial, 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 Unified Development 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] COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend denial unless the greater weight of the competent and material evidence presented during the public hearing suggests that all the required conclusions have been met. COMMISSIONERS' ACTIONS: The item was withdrawn at the request of the petitioner. Board of Commissioners - September 8, 2020 ITEM: 9 SCRIPT for SPECIAL USE PERMIT Application (S20 -03) Request by Anna Bessellieu McCauley on behalf of the property owner, Frances Boney Bessellieu Revocable Trust, for a Special Use Permit to operate an outdoor recreation establishment (wedding venue) within the R- 15, Residential District, located at 175 Whipporwill Lane. 1. Swear witnesses: Announce that "the Special Use Permit process requires a quasi - judicial hearing; therefore, any person wishing to testify must be sworn in. All persons who signed in to speak and wish to present competent and material testimony please step forward to be sworn in. Thank you." 2. This is a quasi - judicial 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. 3. 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 cross examination /rebuttal (up to 5 minutes) e. Opponent's cross examination /rebuttal (up to 5 minutes) A. Close the hearing 5. Board discussion 6. Ask Applicant whether he /she agrees with staff findings. 7. Vote on the Special Use Permit application. ElMotion 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: a. That the use will not materially endanger the public health or safety if located where proposed for the following reason: b. 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: Board of Commissioners - S ITEM: 9 - 1 - ' 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: 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. [OPTIONAL] Note any additional findings of fact related to the four required conclusions. [OPTIONAL] Also, that the following conditions be added to the development: Suggested Condition: 1. The wedding venue shall be limited to a maximum of 16 events per calendar year with all events taking place on Fridays, Saturdays, or Sundays. 2. The wedding venue shall not allow any music to be played later than 10:00 pm. 3. All parking shall be contained within the subject property and no on- street parking shall be permitted along Whipporwill Lane or New Jack Road. 4. The property owner or venue operator shall notify all property owners with street addresses along Whipporwill Lane and Sound View Drive prior to any event taking place on the property. 5. The property owner shall construct a privacy fence between the subject property and 166 and 170 Sound View Drive in order to screen the adjacent properties from vehicle headlights within the parking area. 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 Unified Development 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 S20 -03 SPECIAL USE PERMIT APPLICATION APPLICATION SUMMARY Case Number: S20 -03 ZONING Request: Single - Family Residential SUP to operate an outdoor recreation establishment (wedding venue) in the R -15, Residential District Intracoastal Waterway, Undeveloped (Masonboro Island Reserve) Applicant: Property Owner(s): Anna Bessellieu McCauley Frances Boney Bessellieu Revocable Trust; Location: Acreage: 175 Whipporwill Lane 2.77 acres PID(s): Comp Plan Place Type: R07213- 007 - 032 -000 General Residential Existing Land Use: Proposed Land Use: Single- family dwelling Wedding Venue Current Zoning: R -15 SURROUNDING AREA LAND USE ZONING North Single - Family Residential R -15 East Intracoastal Waterway, Undeveloped (Masonboro Island Reserve) R -15, R -20 South Single - Family Residential R -15 West Single - Family Residential R -15 S20 -03 Staff Report BOC 9.8.2020 Board of Commissioners - September 8, 2020 ITEM: 9 - 2 - 1 Page 1 of 16 ZONING HISTORY October 15, 1969 Initially zoned R -15 (Masonboro) COMMUNITY SERVICES Water /Sewer Water is provided by private well and sewer is provided by CFPUA. Historic Additional connections are not proposed to be made to the existing sewer. Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire District, New Hanover County Station Myrtle Grove Schools Bellamy Elementary, Myrtle Grove Middle, and Ashley High Schools Recreation Trails End Park, Myrtle Grove School Park, Arrowhead Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation Conservation resource maps indicate that salt marshes may be present in the eastern portion of the site. Additional wetland verification may be required if redevelopment or expansions were ever proposed in the future. Historic No known historic resources Archaeological No known archaeological resources EXISTING CONDITIONS & PROPOSED CONCEPTUAL PLAN • The applicant is seeking to obtain a special use permit to operate an outdoor recreation establishment (wedding venue) in the R -15 zoning district. • According to the owner, the venue, Marker 137, has been providing wedding services at the subject site since about 2014. The County recently received a complaint regarding the venue from a nearby resident. Zoning Enforcement staff research indicates that the venue never received proper zoning approvals for this use. There are no prior complaint records and due to the remote location of the site, lack of signage, and limited operation, staff was unaware of this use at this location until the recent complaint. County staff then informed the property owner of the violation and that a SUP would be required to continue operation of the venue. S20 -03 Staff Report BOC 9.8.2020 Board of Commissioners - September 8, 2020 ITEM: 9 - 2 - 2 Page 2 of 16 • The Unified Development Ordinance (UDO) does not include a specific use designation for wedding venues or a broader category like private event venues. When there is no specific use in the UDO's Principal Use Table, staff must make a determination as to the appropriate classification of any unlisted land use based on criteria such as the types of activities, vehicle trip generation, parking demands, the number and frequency of customers /guests, and the impact on adjacent structures, uses, or lands, etc. • Staff determined that the most appropriate use category based on the characteristics of the proposed use is "outdoor recreation establishment ". The UDO defines "outdoor recreation establishment" as a use that provides commercial recreation or amusement outdoors, including but not limited to, drive -in movie theaters, amusement parks or theme parks, water slides, fairgrounds, miniature golf establishments, golf driving ranges, and batting cages. Although many of these uses operate more frequently than the proposed wedding venue, no other use listed in the UDO has the combined outdoor and commercial characteristics of this designation. • A new "Event Centers" use is currently under consideration by the Planning Board as part of the final update associated with the UDO project. However, the current draft recommendation does not permit this use at all in the R -15 district or in any other single - family residential districts. • As proposed, the wedding venue will provide a location for wedding ceremonies and receptions to take place on Fridays, Saturdays, or Sundays. In addition, the applicant proposes to limit the total number of weddings to a maximum of 16 events throughout the year. Depending on the venue's schedule, multiple weddings may take place during the same month, however, the venue will be limited to one event per week. • There is an existing house located near the center of the property. According to the applicant, the wedding party is permitted to use to house prior to the event but overnight lodging is not permitted. Proposed Conceptual Site Plan S20 -03 Staff Report BOC 9.8.2020 Board of Commissioners - September 8, 2020 ITEM: 9 - 2 - 3 Page 3 of 16 • The applicant has indicated that an average of about 125 guests attend the ceremonies that typically begin between 4:00 pm and 5:00 pm. Following the ceremony, the wedding party and guests transition from the ceremony area to the tent(s) where the reception takes place. • According to the applicant, music is typically played for a duration of 3 hours and ends no later than 10:00 pm. The applicant stated that the location of the music vendors is alternated for each event in an effort to change the direction of the sound and provide some relief to the surrounding neighbors. Overall, each event lasts between 5 and 6 hours and guests begin to leave the venue around 10:00 pm. • The applicant indicated that all guests and wedding parties are typically off the site by 1 1:00 pm. However, there is no specific deadline when all guests and wedding parties must be off the site. • Prior to each event, the applicant schedules and coordinates the arrival of all vendors, including tents and supplies, lighting, portable toilets, music, and caterers. For a Saturday event, the tent vendors generally arrive on Thursday afternoon to set up which takes about 4 hours. The lighting and portable toilet vendors arrive at the site the day before the event (Friday) in order to have the site ready before the wedding party or guests arrive. The caterers and music vendors arrive about 2 hours before any ceremony. All vendors and equipment are removed from the site the day following each event. • In addition to the vendors, the applicant anticipates that the wedding guests will arrive between thirty minutes to one hour before any wedding ceremony. With an average of 125 guests per event, the applicant anticipates that some guests will either drive or carpool in personal vehicles and park on site and some will utilize a private transportation service like Uber or Lyft. Due to the general nature of weddings, all guests do not remain at the wedding venue for the entire duration of the event. Traffic exiting the site following the ceremony is expected to be staggered from around 6:00 pm to 1 1:00 pm. • Each tent that is placed on the property is inspected by the New Hanover County Fire Marshal prior to the event to ensure they are properly secured and meet all North Carolina Fire Code requirements. ZONING CONSIDERATIONS • The applicant is proposing a wedding venue, classified as an outdoor recreation establishment, which would allow Marker 137 to hold wedding ceremonies and receptions during the weekend with all music ending no later than 10:00 pm. As proposed, all guests are not required to leave the site at 10:00 pm but are encouraged to leave by 1 1 :00 pm. Because the operation requires tents, lighting, etc. before each event, the vendors would be permitted to arrive at the site a few days prior to each event in order to prepare the site for the wedding. The venue would be limited to a maximum of 16 events per year with only one event taking place per week. • The applicant has indicated that all wedding activities and parking will be limited to the subject property. The western portion of the property has space to accommodate a little over 50 vehicles and the concept plan allows for all vehicles to be parked and exit the site without moving another vehicle. Prior to each event, the applicant will have a parking attendant direct guests to the parking areas on the grass surrounding the existing driveway. S20 -03 Staff Report BOC 9.8.2020 Board of Commissioners - September 8, 2020 ITEM: 9 - 2 - 4 Page 4 of 16 Photo of Existing House Photo of General Tent Area (Ceremony Area to the Right) There is an existing natural wooded area that acts as a buffer along the northern property boundary and provides some visual and acoustical relief during each event. Photo of Natural Wooded Area (Looking West to East) S20 -03 Staff Report BOC 9.8.2020 Board of Commissioners - September 8, 2020 ITEM: 9 - 2 - 5 Page 5 of 16 • The applicant does not propose to construct any new structures on site. All tents, lighting, portable toilets, and music equipment are temporary and are on the site a few days before the event and are removed by the day after each event. AREA SUBDIVISIONS UNDER DEVELOPMENT 4e' City of Wilmington 1 `` 0 o S20 -03 0 y i Trinity � Landirg Trinity Landing 208` 0 X208 ' - Total 208 0 208 "Bored on Budding Permits and A—r Photagrophy" TRANSPORTATION • Access is provided to the subject property by Whipporwill Lane (SR 1518), which is approximately 2,200 feet in length from Masonboro Loop Road to the subject property's driveway. About 90% of the road is paved and maintained by NCDOT. The site's driveway is located approximately 175 feet beyond the State maintained segment of Whipporwill Lane. Photo of Whipporwill Lane Looking East Towards the Site S20 -03 Staff Report BOC 9.8.2020 Page 6 of 16 Board of Commissioners - September 8, 2020 ITEM: 9 - 2 - 6 • The subject property is also accessible using North Channel Haven Drive, however, this is not the primary route that motorists would likely take to enter the site. wh ppor„ a 520-03 YChannel Haven Ur; J- l� • The ITE Trip Generation Manual does not specifically address wedding venues or provide trip generation estimates for that specific use. Based upon information provided by the WMPO, a church is a similar use due to services taking place primarily on weekends with specific schedules for each service. • Applying the church classification to a wedding venue with 125 guests, it would be expected to generate about 150 daily trips on the day of an event. The trips would be dispersed over the duration of the event and would not be expected to exceed 100 trips in the peak hour. However, the highest volume of traffic would likely be in the hour before the event start time. • Because there have been no recent traffic impact analyses in the area addressing affected intersections, staff has provided the volume to capacity ratio for Masonboro Loop 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 along Masonboro Loop Road to support the expected additional traffic on event days. • The most significant traffic impact would be to Whipporwill Lane, which is a local street that is not typically expected to handle event -level traffic volumes. S20 -03 Staff Report BOC 9.8.2020 Board of Commissioners - September 8, 2020 ITEM: 9 - 2 - 7 Page 7 of 16 NCDOT Average Annual Daily Traffic (AADT) - 2018 Road Location Volume Capacity V/C Masonboro Loop North of Mohican Trail 14,500 18,035 0.80 Road Masonboro Loop South of Masonboro Road I Sound Road 14,500 181035 0.80 Nearby Planned Transportation Improvements and Traffic Impact Analyses Nearby NCDOT STIP Projects: There are no nearby NCDOT STIP Projects within the 1 -mile radius of the subject property that include improvements that affect this proposal. S20 -03 Staff Report BOC 9.8.2020 Page 8 of 16 Board of Commissioners - September 8, 2020 ITEM: 9 - 2 - 8 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 • 220 Senior Adult Housing Dwelling Units • 7,350 square feet of Restaurant • 2,150 square feet of • TIA approved June 23, 2017 1. Trinity Landing Convenience Market (open 15 -16 hours) • 2020 Build Out Year • 900 square feet of Beauty Spa • 6,900 square feet of Wellness Center The TIA requires improvements be completed at certain intersections in the area. The notable improvements consisted of: • Installation of a northbound right turn taper turn lane on Masonboro Loop Road Nearby Proposed Developments included within the TIA: • None Development Status: Site work is currently underway. ENVIRONMENTAL • The property does not contain any Natural Heritage Areas. • Approximately half of the site (1.35 acres) is within the VE and AE Special Flood Hazard Area (SFHA). However, the applicant is not proposing any new construction on the site. • The property is within the Whiskey Creek (SA;HQW) watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class I (suitable /slight limitation) and Class IV (unsuitable), however, the existing structure is currently served by CFPUA for sewer service, and the proposed use will utilize portable toilets for sewerage. • Due to the property being located along the Intracoastal Waterway, additional wetland verification may be required if redevelopment or expansions were ever proposed in the future. CONTEXT AND COMPATIBILITY • According to the applicant, the subject property has been used as a wedding venue since around 2014. The county only became aware of its existence because of a recent complaint. The applicant does not propose to modify or further develop the site except that temporary tents, lighting, portable toilets, and music equipment will be placed on the property a maximum of 16 times per year. S20 -03 Staff Report BOC 9.8.2020 Board of Commissioners - September 8, 2020 ITEM: 9 - 2 - 9 Page 9 of 16 Marker 137 Wedding Event • The subject property and proposed use are subject to the New Hanover County Noise Ordinance which regulates the noise levels within residentially zoned properties. Although music is typically played for a duration of about 3 hours following the wedding ceremonies, Marker 137 is subject to the same noise regulations as the adjacent single - family homes. • The applicant positions the music equipment so that sound is projected primarily towards the Intracoastal Waterway. Some sound is projected towards the northern or southern properties, however, the applicant changes the direction in which the speakers face from one event to another. The natural wooded area along the northern property boundary helps buffer the noise from the adjacent homes on that side of the site. Although, based on comments from nearby neighbors, the music is still audible. • Common events that occur within residential areas such as garage sales, holiday parties, and other family parties are typically limited in duration, scale, and scope. These types of events are often scheduled intermittently throughout the year and are less likely to have outdoor amplified music and to take place on a weekly, or even monthly basis. • Staff is not aware of a similar wedding venue in the area for comparison, but did find an example of an outdoor wedding venue in Florida that is located adjacent to residential areas. Although there are some similarities, the example facility has direct access to a major road and also has indoor facilities to support events. S20 -03 Staff Report BOC 9.8.2020 Board of Commissioners - September 8, 2020 ITEM: 9 - 2 - 10 Page 10 of 16 Wedding Venue Example (Central Florida) Subject Site Near Existing Neighborhoods S20 -03 Staff Report BOC 9.8.2020 Board of Commissioners - September 8, 2020 ITEM: 9 - 2 - 11 Page 11 of 16 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 services. Typically, housing is single - family or duplexes. Commercial uses Place Type should be limited to strategically located office and retail spaces, while Description recreation and school facilities are encouraged throughout. Types of uses include single - family residential, low- density multi - family residential, light commercial, civic, and recreational. This type of outdoor wedding venue is not specifically addressed by the Comprehensive Plan. While this type of use falls under the Outdoor Recreation Establishment use category in the Unified Development Ordinance, it is not the type of recreational use intended by the Comprehensive Plan, which uses the term to describe uses like parks and boating facilities. Instead, the requested wedding venue would be considered a commercial enterprise for the purposes of the Comprehensive Plan. Analysis General Residential places do allow for strategically located office and retail spaces in order to provide basic goods and services for nearby residents. These types of commercial uses would typically be located on the edges of neighborhoods or in locations with direct access to arterial or collector roadways to limit non - residential traffic. The subject property is located within an existing single - family neighborhood and is accessed by Whipporwill Lane, a State maintained road except for the easternmost 175 feet where the site's driveway is located. The road serves approximately 40 homes. In addition to the adjacent residences along Whipporwill Lane and New Jack Road, the site S20 -03 Staff Report BOC 9.8.2020 Board of Commissioners - September 8, 2020 ITEM: 9 -2-12 Page 12 of 16 is directly adjacent to several homes located in other neighborhoods due to its waterfront location. Some homes have sight lines of the outdoor activity areas associated with the use. The location of the requested use in an established single - family neighborhood may contribute to impacts not typically associated with residential uses or areas. While the event venue could provide a service to the county residents, this type of venue typically attracts guests from outside the local Masonboro community and does not provide a direct service or benefit to the surrounding neighborhood or contribute to its residential character. 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. Sewer service is currently provided by CFPUA. Additional connections will not be made to the existing sewer as the proposed use will utilize portable toilets for sewerage. B. The subject property is located in the New Hanover County Southern Fire Service District. C. New Hanover County Fire Services inspects each tent that is placed on the property before every event. D. No food service is provided by the venue operator. All caterers for each event are licensed and insured vendors. E. The existing natural wooded area along the northern property boundary acts as a buffer and provides some visual and acoustical relief during the events. F. The location of the music vendors is alternated from one event to another to prevent one side of the property always having the speakers facing towards them. The subject property is subject to the New Hanover County Noise Ordinance, which regulates the noise levels within residentially zoned properties. G. The wedding venue carries wedding liability insurance and requires each event to purchase one -day event insurance. H. The subject property is located at the end of a local road that is State maintained for approximately 90% of its length. The last 175 feet, where the site's driveway is located, is unimproved and privately maintained. Conclusion 2: The Board must find that the use meets all required conditions and specifications of the Unified Development Ordinance. A. The site is zoned R -15, Residential District. B. The Unified Development Ordinance (UDO) does not include a specific use designation for wedding venues or a broader category like private event venues. When there is no specific S20 -03 Staff Report BOC 9.8.2020 Page 13 of 16 Board of Commissioners - September 8, 2020 ITEM: 9 -2-13 use in the UDO's Principal Use Table, staff must make a determination as to the appropriate classification of any unlisted land use based on criteria such as the types of activities, vehicle trip generation, parking demands, the number and frequency of customers guests, and the impact on adjacent structures, uses, or lands, etc. C. Staff determined that the most appropriate use category based on the characteristics of the proposed use is "outdoor recreation establishment ". The UDO defines "outdoor recreation establishment" as a use that provides commercial recreation or amusement outdoors, including but not limited to, drive -in movie theaters, amusement parks or theme parks, water slides, fairgrounds, miniature golf establishments, golf driving ranges, and batting cages. Although many of these uses operate more frequently than the proposed wedding venue, no other use listed in the UDO has the combined outdoor and commercial characteristics of this designation. D. Outdoor Recreation Establishments are allowed by Special Use Permit in the R -15 zoning district. E. The proposed conceptual plan will comply with all applicable technical standards of the Unified Development Ordinance including buffering and parking requirements if the Special Use Permit is approved. No additional site improvements are required. 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. No new construction is proposed to accommodate the wedding venue operation. All tents, lighting, portable toilets, and music are temporary and are on the site a few days before the event and are removed by the day after each event. B. The applicant provided a report prepared by a real estate appraisal and consulting firm (Jeffrey Weaver — Certified Residential Appraiser #NCA3037). In the report, Mr. Weaver concluded that "there would be no negative impact on value of the neighboring properties of the subject by it being used as a wedding event location" and "the subject properties overall location and lot layout as well as the extensive amount of buffer area between the neighbor's properties indicates the use as a wedding event location should not cause any impact on normal activities for the neighbors." 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 subject property is located within an existing single - family neighborhood and is accessed by Whipporwill Lane, a State maintained road except for the easternmost 175 feet where the site's driveway is located. The road serves approximately 40 homes. In addition to the adjacent residences along Whipporwill Lane and New Jack Road, the site is directly adjacent to several homes located in other neighborhoods due to its waterfront location. Some homes have sight lines of the outdoor activity areas associated with the use. B. This type of outdoor wedding venue is not specifically addressed by the Comprehensive Plan. While the wedding venue was classified under the general Outdoor Recreation Establishment use category in the Unified Development Ordinance, it is not the type of recreational use intended by the Comprehensive Plan, which uses the term to describe publicly accessible uses like parks and boating facilities. Instead, the requested wedding S20 -03 Staff Report BOC 9.8.2020 Page 14 of 16 Board of Commissioners - September 8, 2020 ITEM: 9 -2-14 venue would be considered a commercial enterprise for the purposes of the Comprehensive Plan. C. The location of the requested use in an established single - family neighborhood may contribute to impacts not typically associated with residential uses or areas. While the event venue could provide a service to the county residents, this type of venue typically attracts guests from outside the local Masonboro community and does not provide a direct service or benefit to the surrounding neighborhood or contribute to its residential character. Suggested Conditions 1 . The wedding venue shall be limited to a maximum of 16 events per calendar year with all events taking place on Fridays, Saturdays, or Sundays. 2. The wedding venue shall not allow any music to be played later than 10:00 pm. 3. All parking shall be contained within the subject property and no on- street parking shall be permitted along Whipporwill Lane or New Jack Road. 4. The property owner or venue operator shall notify all property owners with street addresses along Whipporwill Lane and Sound View Drive prior to any event taking place on the property. 5. The property owner shall construct a privacy fence between the subject property and 166 and 170 Sound View Drive in order to screen the adjacent properties from vehicle headlights within the parking area. PLANNING BOARD ACTION The Planning Board considered this application at the August 6, 2020 meeting. At the meeting, six people spoke in favor of, and seven people spoke in opposition to, the Special Use Permit. Statements of support referenced the applicant's character, integrity, professionalism, charity, and generosity, as well as statements regarding the applicant's presence at every event, respect for neighbors by limiting the number of weddings even though venue space is in high demand, the event policies and regulations that accommodate neighbors, the site's buffers, and associated music and noise. People speaking in opposition cited concerns including music volume and duration, noise in general, traffic, buffers, privacy, light from headlights in the parking area, and that the use is inappropriate within a residential neighborhood. The Planning Board recommended denial of the application (6 -0; Absent — J. Rawl) stating they were unable to find that the proposal 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 members noted that the proposed use is more similar to a commercial use like entertainment, and because the site does not have direct access to a major road, the commercial -like events attract higher traffic volumes that is not typical of a residential neighborhood. In addition, the music and noise associated with the proposed use is disruptive to the surrounding residential neighborhoods and it is not the type of use intended by the Comprehensive Plan for this place type. S20 -03 Staff Report BOC 9.8.2020 Board of Commissioners - September 8, 2020 ITEM: 9 -2-15 Page 15 of 16 EXAMPLE MOTIONS Example Motion for Approval: Motion to recommend approval, 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. [OPTIONAL] Note any additional findings of fact related to the four required conclusions. [OPTIONAL] Note any conditions be added to the development: [List Conditions] Suggested Conditions: 1. The wedding venue shall be limited to a maximum of 16 events per calendar year with all events taking place on Fridays, Saturdays, or Sundays. 2. The wedding venue shall not allow any music to be played later than 10:00 pm. 3. All parking shall be contained within the subject property and no on- street parking shall be permitted along Whipporwill Lane or New Jack Road. 4. The property owner or venue operator shall notify all property owners with street addresses along Whipporwill Lane and Sound View Drive prior to any event taking place on the property. 5. The property owner shall construct a privacy fence between the subject property and 166 and 170 Sound View Drive in order to screen the adjacent properties from vehicle headlights within the parking area. Example Motion for Denial: Motion to recommend denial, 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 Unified Development 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] S20 -03 Staff Report BOC 9.8.2020 Board of Commissioners - September 8, 2020 ITEM: 9 -2-16 Page 16 of 16 Case: Site Address: Existing Zoning /Use: Proposed Use: S20 -03 175 Whipporwill Ln R -15/ Wedding Venue Single - Family House N ra� a ven, Nen,�r 500 W, GENERAL RESIDENTIAL to Feet rd of Co is sione ITEM: - r'Rd Y, Subject Site Place Types ■ COMMERCE ZONE EMPLOYMENT CENTER GENERAL RESIDENTIAL ■ URBAN MIXED USE COMMUNITY MIXED USE RURAL RESIDENTIAL CONSERVATION Case: 51U -Uj ra� a ven, Site Address: 175 Whipporwill Ln Existing Zoning /Use: R -15/ Single - Family House Proposed Use: Wedding Venue - CITY o s �P Holiday ills 0 I -1 73 s O e/i Dr can,PointRd • .7 81 8� 1 �_ Slte • 85 Ct 62 • 87 0= J • :6 70 • Q J\\ _ • 82 91 R -20 57 nu d`V;e�, D • 161 • • 6 90 •3 •7 R -15 r i50` • 165 169 173 • •2\94 • 154 • • • 96 EDZD • 158 177 • 100 • 162 • 199.179 181 • 159 • 166 • 183 • 165 • 170 • 185 • ` • 163 /7 174 • \180 vill•�n • • • 184\ 171 • 188 195 75 158 168 • • 186 162 166 • • • 164 • 4601 Subject Site • 81 arnr • �1 • 4.27 / / • 241 �Ma • 2 rSh�Hen Dr 500 \ Feet ❑ Nei "tSkSf6TR'?v'@w ITEM�9 - 46 • 461 • 461/46 23 >erenit • APPLICANT MATERIALS Board of Commissioners - September 8, 2020 ITEM: 9 - 6 - 1 NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 1 10 Wilmington, North Carolina 28403 Telephone (910) 798 -7165 FAX (910) 798 -7053 plan ningdevelopment.nhcgov.com SPECIAL USE PERMIT APPLICATION This application form must be completed as part of a special use permit application submitted through the county's online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the application, are set out in Section 10.3.5 of the Unified Development Ordinance. *If the proposed use is classified as intensive industry, the applicant shall conduct a community information meeting in accordance with Section 10.2.3, Community Information Meeting. 1. Applicant and Property Owner Information Applicant /Agent Name Owner Name (if different from Applicant /Agent) Anna Bessellieu McCauley Frances Bessellieu Revokable Trust Company Company /Owner Name 2 Marker 137 LLC Anna Bessellieu McCauley Address Address 175 Whippoorwill Lane Same City, State, Zip City, State, Zip Wilmington NC 28409 Same Phone Phone 910- 265 -4314 Same Email Email Anna @marker137.com Same 2. Subject Property Information Address /Location Parcel Identification Number(s) 175 Whippoorwill lane R07213- 007 - 032 -000 Total Parcels) Acreage Existing Zoning and Use(s) Future Land Use Classification 2.77 R- 15:Single Family Dwelling General Residential Applicant Tracking Information (This section completed by staff) Case Number: Date /Time Received: Received by: S20 -03 7/9/2020 Before 5 PM GHS Board of Commissioners - September 8, 2020 Page 1 of 6 ITEM: 9 - 7 - 1 Special Use Permit Application — Updated 02 -2020 3. Proposed Zoning, Use(s), & Narrative Please list the proposed use(s) of the subject property, and provide the purpose of the special use permit and a project narrative (attach additional pages if necessary). See attached document. 4. Proposed Condition(s) Please note: Within a special use permit proposal, additional conditions and requirements which represent greater restrictions on the development and use of the property than the corresponding zoning 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 included with this special use permit application below. Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process that meet or exceed the minimum requirements of the Unified Development Ordinance. See attached document. 5. Traffic Impact Please provide the estimated number of trips generated for the proposed use(s) based off the most recent version of the Institute of Traffic 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: TBD - Workina with WMPO for most similar use. Trip Generation Use and Variable (gross floor area, dwelling units, etc.) AM Peak Hour Trips: I PM Peak Hour Trips: Board of Commissioners - September 8, 2020 Page 2 of b ITEM: 9 - 7 - 2 Special Use Permit Application — Updated 02 -2020 6. Criteria Required for Approval of a Special Use Permit A use designated as a special use in a particular zoning district is a use that may be appropriate in the district, but because of its nature, extent, and external impacts, requires special consideration of its location, design, and methods of operation before it can be deemed appropriate in the district and compatible with its surroundings. The purpose is to establish a uniform mechanism for the review of special uses to ensure they are appropriate for the location and zoning district where they are proposed. 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. Any additional considerations potentially raised by the proposed use or development should be addressed. 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; or • Anticipated air discharges, including possible adverse effects on air quality. See attached document. 2. The use meets all required conditions and specifications of the Unified Development Ordinance. See attached document. Board of Commissioners - September 8, 2020 Page 3 of 6 ITEM: 9 - 7 - 3 Special Use Permit Application — Updated 02 -2020 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. See attached document. 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. See attached document. Board of Commissioners - September 8, 2020 Page 4 of b ITEM: 9 - 7 - 4 Special Use Permit Application — Updated 02 -2020 Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under "Applicant Initial'. If an item is not applicable, mark as "N /A ". Applications determined to be incomplete must be corrected in order to be processed for further review; Staff will confirm if an application is complete within five business days of submittal. Appicant Appication Cbeckist Initial Staff Initial �] This application form, completed and signed] GHS Application fee: • $500; $250 if application pertains to a residential use (i.e. mobile home, duplex, family child care home). GHS ❑ Traffic Impact Analysis (if applicable) NIA Site Plan including the following elements: Board of Commissioners - September 8, 2020 Page 5 of b ITEM: 9 - 7 - 5 Special Use Permit Application – Updated 02 -2020 • 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; 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, uai outline of the area it will occupy, and the specific purposes for which it will be used. • Development schedule, including proposed phasing • Traffic and parking plan; including 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 locations; arrangement and access provisions for parking areas • All existing and proposed easements, reservations, required setbacks, rights - of =waji, buffering, uiid sig�'icige • The location of Special Flood Hazard Areas, if applicable • The approximate location of US Army Corps of Engineers Clean Water Act Section 404 wetlands, Rivers and Harbors Act Section 10 wetlands, and wetlands under jurisdiction of the NC Department of Environmental Quality. • Location, species, and size (DBH) of regulated, significant, or specimen trees • Any additional conditions and requirements that represent greater restrictions on development and use of the tract than the corresponding general use district regulations or additional (imitations on land that may be regulated by Federal or State law or local ordinance. • Any other information that will facilitate review of the proposed special use permit (Ref. Section 10.3.5, as applicable) �_ GHS ❑ Applications for uses in the intensive industry Category must also submit: • Community meeting written summary • A fist of any local, state, or federal permits required for use NSA One (i) hard copy of ALL documents AND 5 hard copies of the site plan. Additional hard copies may be required by staff depending on the size of the document /site �� ---l- plan• GHS *.One (i) digital PDF copy of ALL documents AND plans _ GHS 7. Acknowledgement and Signatures By my signature below, l 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. If applicable, 1 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 comments; 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. )lam L L AfAVICk 1� s e t'1 Y r' Signature of Property Owners) Print Nome(s) Signature of Applicant /Agent Print Name Note: This 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, 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. Applicant Tracking Information (This section con*Jeted by sta(fJ . Application Co nipleteness Determination Determwationn Performed on Planning Board Reeeiveal Required by (dote):_ (date): Meetkxy .,. Board of Commissioners - September 8, 2020 ITEM: 9- 7- 6 Page 6 of 6 Special Use Permit Application — Updated 02-2020 (3).Proposed Zoning, Use(s), and Narrative Wedding venue (Outdoor Recreation Establishment Wedding Venue (Outdoor Recreation Establishment) 12 - 16 events per year. Events are limited to once a week and will only talk place on the weekend (friday, saturday„ or sunday Events generally last 5 or 6 hours in total with an average of 125 people Music is played following the ceremony and typically lasts 2.5 to 3 hours Guests either drive their personal vehicles and park on the property or utilize Uber, Lyft or a taxi. There are also instances where the client hires a Shuttle service.Parking is contained with in the property and no on- street parking occurs. (4) Proposed Conditions A maximum of 16 weddings will be scheduled throughout the calendar year, with all events taking place during the weekend( friday- Sunday) All parking much be contained within the property surrounding neighbors within the Soundview and Tanglewood neighborhoods will be notified prior to any event that is scheduled on the property (6.1) The use will not materially endanger the public health or safety if located where proposed and approved. Whippoorwill lane is a NCDOT state maintained roadway, however, there is a small portion of the road that is not maintained by NCDOT. This section of the road is gravel and is maintained by the homeowners. There will be no parking along Whippoorwill because all parking will be on the property. Since the weddings will only occur at most once a week and on the weekends,traffic generated by the venue is not expected to continuous- generally guests arrive right before the ceremony and leave afterwards. Guests get there at the beginning and leave at the end so there won't be a continuous flow of traffic as you see with a typical commercial business with customers coming at will. Port -a -johns are delivered to the property prior to ant event. The dock is closed off during the event to the guests to eliminate the potential of water pollution and to protect the safety of all guests. All the trash from the events is double bagged and stored on a trailer in the back of the property We do separate the recyclables and dispose of either through commercial trash pick up or transporting it to recycle center to county dump. We carry 1 million dollars in liability insurance through James E Moore insurance company. Each event is required to carry a 1 million dollar day of event insurance policy naming Marker 137. The Fire Marshall inspects each and every tent placed for every event. We Have approximately 50 feet of a natural wood line running the entire length of the property to provide a sound barrier. We also vary the position of the Music vendors alternating the direction of the sound from the speakers. Board of Commissioners - September 8, 2020 ITEM: 9 - 7 - 7 We Have staff on property for every event from the time the first vendor arrives until the last guest and or vendor has departed. The wood line prevents guests from straying from the property onto the adjoining property. (6.2) The use meets all required conditions and specifications of the Unified Development Ordinance. An outdoor Recreation Establishment is permitted within the R -15 zoning district once a special permit use permit is obtained. The proposal meets all standards for the specified commercial principal uses as outlined in section 4.3.4A.4, specified below: Outdoor recreation establishments in residential districts and the 0&1 district shall comply with the following standards: A) Buffers adequate to screen adorning residential uses from the effects of light and noise generated on the site shall be provided. B) All buildings shall be set back from the right -of -way at least 50 feet and 100 feet if the site is in the Special Highway Overlay District. C) Signage shall be limited to one ground sigh not to exceed 32 square feet and shall bee set back from the right -of -way at least 25 feet. D) Access to the site shall be to a US or NC numbered road or to a collector road as designated on the Wilmington MPO Functional Classification Map. E) As part of a Special Use Permit, other conditions deemed by the Commissioners necessary to promote the health, safety, and welfare of the community may be added. (6.3) The use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. The attached appraisal report indicates there is no negative impact to the adjoining properties. The events generally occur from approximately 4pm to 10pm. The county noise ordinance of 10 pm is strictly adhered to for every event regardless of start time. (6.4) 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. Appraisal report shows the surrounding area land uses. The hours of operations, along with the natural buffers on the property help provide relief from the surrounding properties. The wedding venue will only operate during the weekend and for a couple hours in total, so the proposal is not much different than a property owner throwing a party or family reunion. The general Residential place type focuses on the 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. Board of Commissioners - September 8, 2020 ITEM: 9 - 7 - 8 The general Residential place type is to provide opportunities for similar lower density residential development and supportive commercial, civic, and recreational development. In closing I hope that you will consider this application for a special use permit favorably. It has always been and will continue to be our greatest desire to do things in the right way. We were unaware of the need for this permit and for that i am profoundly sorry and hope that can be rectified with this application. Our mission to follow all the laws as written and to always take into consideration all who live adjacent to us. I look forward to working towards a solution that will allow us to continue the business we have come to love. It brings so much joy and happiness to me and a select few young brides and grooms. To be able to start their lives together in such a beautiful and peaceful setting is a blessing we are proud to offer them. We consider all of our clients family and welcome them back to enjoy a sunset on the dock to celebrate their anniversary or to bring their little ones for a photo shoot or just to romp in the yard at the place it all began. Board of Commissioners - September 8, 2020 ITEM: 9 - 7 - 9 New Hanover county Planning & Land Use Department 230 Government Center Dr,Suite 300 Wilmington NC 28401 RE: Marker 137 To Whom it may concern, Marker 137 was the brainchild of my sister,Frances Boney Bessellieu. When she bought the property at 175 Whippoorwill Lane the previous owners had been having wedding for some time. It was her goal to be able to share what she was blessed to have on a limited basis.Shortly after establishing a business plan she was diagnosed with terminal cancer. I continued her business after her death with a purpose, I needed to generate some income to help further her legacy and keep the property on masonboro sound. I had left my job in order to care for her and my elderly mother.We have lived on masonboro sound our entire life and we wanted to share that life style with my children and hopefully future generations of our family. I made her that promise before she died and have worked extremely hard in keeping that promise.1 also wanted to bring joy to a home that had experienced such profound sadness from the time she acquired the property. The weddings bring joy and happiness to my Irfe after losing both my sister and my mother in a very short period of time. Unfortunately I also lost my husband just a mere three weeks before my sister quite unexpectedly. So now you know my mindset. The business plan has evolved over time and settled into what I think is a business that benefits me both financially and spiritually without creating a nuisance. I decided early on we needed between 12 and 16 events per year to help meet the finanicial obligations of the property. So with that number in mind we never have more than one event per week during the weekends only. Our events average 125 people and about 5 to 6 hours in total. The music is generally playing for dancing for 2.5 to 3 hours. We are diligent in following the New Hanover County noise ordinance of a 10 pm shutdown of music. We do have approximately a 50 foot natural wood barrier along the entire length of the property to provide a natural sound barrier. We have 2.80 acres of property that is located at the end of our street so there are no adjacent roads to the property. We park at most 55 cars on our property so that it does not create any on street parking. We only allow licensed and insured vendors for the events. We also carry liability insurance through James E Moore insurance. We require each event carry their own day of event insurance as an additional buffer. There is staff at every event for the entirety of the event to ensure control and adherence to the laws of North Carolina and New Hanover County. We try and support our community by donating to several local animal rescues and other charities by way of monetary support as well as donating the venue for a yearly fundraiser. We try to keep an open line of communication with out neighbors to address and questions or concerns. We will for all future events be sending a list of all event dates to both the Soundview homeowners association as well as our immediate whippoorwill neighbors in an effort to be as transparent as possible. In closing I hope that you will consider this application for a special use permit favorably. It has always been and will continue to be our greatest desire to do things in the right way. We were unaware of the need for this permit and for that i am profoundly sorry and hope that can be rectified with this application. Our mission to follow all the laws as written and to always take into consideration all who live adjacent to us. 1 look forward to working towards a solution that will allow us to continue the business we have come to love. It brings so much joy and happiness to me and a select few young brides and grooms. To be able to start their lives together in such a beautiful and peaceful setting is a blessing we are proud to offer them. We consider all of our clients family and welcome them back to enjoy a sunset on the dock to celebrate their anniversary or to bring their little ones for a photo shoot or just to romp in the yard at the place it all began. Thank you for your consideration, Anna McCauley Marker 137 910- 265 -4314 Board of Commissioners - September 8, 2020 ITEM: 9 - 7 - 10 External Obsolescence Market Analysis LOCATED AT 175 Whipporwill Ln Wilmington, NC 28409 LOT 2 -R -1 -A MARIE S HAWKINS ESTATE REDIV FOR BESSELLIEU FRANCES BONEY REV TRUST (ANNA McCAULEY) AS OF 07/28/2020 BY Jeffrey Weaver Weaver Appraisal Service PO BOX 1627 Wrightsville Beach, NC28480 (910) 796 -9024 jeffweaver04l2@gmail.com Form GA2NV Client File No. Pa e # 6 of 20 Quality Appraisals 910 - 796 -9024 1 Client File No. Pa e # 7 of 20 PRIVACY NOTICE Pursuant to the Gramm - Leach - Bliley Act of 1999, effective July 1, 2001, Appraisers, along with all providers of personal financial services are now required by federal law to inform their clients of the policies of the firm with regard to the privacy of client nonpublic personal information. As professionals, we understand that your privacy is very important to you and are pleased to provide you with this information. Types of N- n_p-ublic-P- rSOnal Information We- Cokl_p-c1 In the course of performing appraisals, we may collect what is known as "nonpublic personal information" about you. This information is used to facilitate the services that we provide to you and may include the information provided to us by you directly or received by us from others with your authorization. Parties to Whom We Disclose Information We do not disclose any nonpublic personal information obtained in the course of our engagement with our clients to nonaffiliated third parties, except as necessary or as required by law. By way of example, a necessary disclosure would be to our employees, and in certain situations, to unrelated third party consultants who need to know that information to assist us in providing this market analysis study services to you. All of our employees and any third party consultants we employ are informed that any information they see as part this assignment is to be maintained in strict confidence within the firm. A disclosure required by law would be a disclosure by us that is ordered by a court of competent jurisdiction with regard to a legal action to which you are a party. Confidentiality and Security We will retain records relating to professional services that we have provided to you for a reasonable time so that we are better able to assist you with your needs. In order to protect your nonpublic personal information from unauthorized access by third parties, we maintain physical, electronic and procedural safeguards that comply with our professional standards to insure the security and integrity of your information. Please feel free to call us anytime if you have any questions about the confidentiality of the information that you provide to us. Form PRV P '90LQappraalsa aar §ay tla ml ?eeinc. - T- S00-ALAINODE Client File No. Pa e # 8 of 20 Supplemental Addendum File No. Client BESSELLIEU FRANCES BONEY REV TRUST ANNA McCAULEY Property Address 175 Whipporwill Ln City Wilmington County New Hanover State NC Zip Code 28409 Lender /Client NA PROPERTY ADDRESS: 175 Whipporwill Ln , Wilmington NC 28409 CURRENT OWNER: BESSELLIEU FRANCES BONEY REV TRUST (ANNA McCAULEY) PURPOSE OF THIS ASSIGNMENT: The purpose of this assignment was to determine if any external obsolescence is created to other nearby properties when the subject property is being used for wedding and other events located on the subject lot. DEFINITION OF EXTERNAL OBSOLESCENSE: The definition of external obsolescence, "is an element of depreciation; a defect, usually incurable, caused by negative influences outside a site and generally incurable on the part of the owner, landlord, or tenant. "'l (SOURCE:1 The Dictionary of Real Estate Appraisal, 4th Edition, Appraisal Institute, 2002, Page 106) For this assignment, the appraiser's assignment is to estimate if any external obsolescence (value impact) would be present for any adjoining property owner due to the subject property wedding events. Also the appraiser is to measure any possible impact on any marketability concerns for the neighboring properties. INTENDED USE AND USER: The intended user is the client stated above as well as the local zoning board that has this property under review for a special use permit. No other intended use or users are noted. SCOPE OF WORK: The appraiser researched other properties in the area to try and find sales data that would help demonstrate if any external obsolescence from events considered comparable to the subject property. Due to the limited data that met the general use of the subject property, the appraiser expanded this search to include homes that were located near community parks (which can be used for wedding events), local churches (due to the use being similar to only several days a week use) as well as other properties that had limited daily events and traffic patterns that would be comparable to the subject property. The data was obtained and then a direct comparison of these effected properties was compared back to similar properties in each area that were far enough away from these locations to allow for a measurable analysis to determine if any impact on value or marketability was present. In order to better illustrate the results of this analysis, the appraiser has provided a Regression Analysis which can be presented in a graph to show a visual result of this analysis. See the attached Regression Analysis for the results and conclusions of this analysis. RESULTS AND CONCLUSIONS: The appraiser has reviewed the subject property and supplied market data demonstrated by the regression analysis provided that clearly shows there would be no negative impact on value of the neighboring properties of the subject by it being used as a wedding event location. The data provided is in line with what the general overall expectation was noted during the inspection process of the subject property. The subject properties overall location and lot layout as well as the extensive amount of buffer area between the neighbors properties indicates the use as a wedding event location should not cause any impact on normal activities for the neighbors. In fact, it would be hard for the neighbors to even see that an event is going on due to the buffer areas. The only possible nuisance that MAY could happen is if the music was played at such a high level it would interfere with normal living conditions of the neighbors. There is already a noise ordinance in place that would not allow the client to allow this to happen. The appraiser sees no reason at all that this property should not be allowed to obtain a special use permit to be used for a wedding event as requested by the client Form TADDBo�r��Of ��i gsi��ie a I ��e� rDed95 -69ODE ITEM: 9 -7-13 Client File No. Pa e # 9 of 20 Supplemental Addendum File No. Client BESSELLIEU FRANCES BONEY REV TRUST ANNA McCAULEY Property Address 175 Whipporwill Ln City Wilmington County New Hanover State NC Zip Code 28409 Lender /Client NA CERTIFICATIONS: The statements of fact contained in this report are true and correct. - The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. - I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved. - I have no bias with respect to the property that is the subject of this report or the parties involved with this assignment. - My engagement in this assignment was not contingent upon developing or reporting predetermined results. - My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined conclusion or direction that favors the cause of the client, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this assignment. - My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice that were in effect at the time this report was prepared. -1 have made a personal inspection of the property that is the subject of this report. - No one provided significant real property appraisal assistance to the person(s) signing this certification DATE: 0712812020 JEFFREY WEAVER, CERTIFIED RESIDENTIAL APPRAISER #NCA3073 Form TADDBo�r��Of ��i gsi��ie a IWkAe-d95 -69ODE ITEM: 9 -7-14 Client File No. Pa e # 10 of 20 Community Map Client BESSELLIEU FRANCES BONEV REV TRUST ANNA McCAULEY Property Address 175 Whipporwill Ln City Wilmington County New Hanover State NC Zip Code 28409 Lender /Client NA Form MAP LT.COI�I��IGd 'TO�A�mmissi nets - e lember.8 2 �� wire e a mode, ind - 1- 800 - ALAMODE Client File No. Pa e # 11 of 20 Neighborhood Map Client BESSELLIEU FRANCES BONEV REV TRUST LANNA McCAULEV Property Address 175 Whipporwill Ln City Wilmington County New Hanover State NC Zip Code 28409 Lender /Client NA Form MAPNHa i�.1 20LAMODE o' -r 8rMAsg eg S4 T rbe8 ITEM: 9 -7-16 Client File No. Pa e # 12 of 20 Tax Plot Map with lot dimensions Client BESSELLIEU FRANCES BONEV REV TRUST ANNA McCAULEY Property Address 175 Whipporwill Ln City Wilmington County New Hanover State NC Zip Code 28409 Lender /Client NA Form MAP LT.DEffr"TRTALpap mis�sio ers - Se terrdber 8,80DOALAMODE gr�tsy�so gr� b3�p mo b inc. , Client File No. Pa e # 13 of 20 Pictures of subject lot and areas used for weddings and events /SAMLES Client BESSELLIEU FRANCES BONEY REV TRUST ANNA MCCAULEY Property Address 175 Whipporwill Ln City Wilmington County New Hanover State NC Zip Code 28409 Lender /Client NA water view which also is a buffer zone to neighbors Sp typical event size and location with buffer zones from neighbors typical event size and location with buffer zones from neighbors typical event size and location with buffer zones from neighbors typical event size and location with buffer zones om ntlde�ig ors 22po bpouffer zones from neighbors Form PICINT6 �aKTO� L pprmi si n are y Sepmede ber 8180�ALAMDDE ` - X10 Client File No. Pa e # 14 of 20 Interior Photos Client BESSELLIEU FRANCES BONEV REV TRUST LANNA McCAULEY Property Address 175 Whipporwill Ln City Wilmington County New Hanover State NC Zip Code 28409 Lender /Client NA buffer zones from neighbors buffer zones from neighbors buffer zones from neighbors buffer zones from neighbors buffer zones from neighbors ff 2p puffer zones from neighbors Form PICINT6 ��81�AL apprmi sic Hare yS�pmodehincr 81=80 ALAMODE �, Client File No. Pa e # 15 of 20 Location Map with areas noted as buffer zones from neighbors Client BESSELLIEU FRANCES BONEY REV TRUST (ANNA McCAULEY) Property Address 175 Whipporwill Ln City Wilmington County New Hanover State NC Zip Code 28409 Lender /Client NA The map above shows the overall lot size and layout of the land, buffer zones from neighbors and general area used for weddings and events on this property. As you can see the location of the area used is approximately 70 feet from the side property lines on the north and south and 400 feet from the road /driveway on the west. The east is buffered by the Intracoastal waterway. The areas along the property lines that buffer the view as well as the sound barrier are lined with very large and mature trees and shrubs. The area used for the tents and activities cant be seen by any neighbors from any direction. The appraiser has measured the distance from each home from the area that the tent for these events are located and found that the closest home is 150 feet away. This is for the home at 174 Sound View Dr. The home located at 184 Sound View Dr is approx. 200 -250 feet away. The home located at 4601 New Jack Rd which is the next door neighbor is located 250 feet away. The other homes located towards the front of the lot and driveway to the subject property area are over 400 feet away from the area used during the events. Based on this data that is clearly demonstrated above, it would be almost impossible for any neighbor to be able to view the activities going on during any events on the subject lot. The large buffer of trees would also work as a sound barrier that would limited any potential noise from music or crowd noise as long as the music level is within the decibel level allowed by current zoning ordinances. Its the appraisers opinion that the decibel level could exceed the zoning ordinance levels at the direct site of the event location and the buffer of trees would diminish the sound drastically if measured from the streets and property lines as required should a complaint be filed. Form HMAPPBo'lpaw �'grr�i�iilaffgps a Os &r1�i30 MODE ITEM: 9 -7-20 Client File No. Pa e # 16 of 20 REGRESSION ANALYSIS Client BESSELLIEU FRANCES BONEY REV TRUST ANNA MCCAULEY Property Address 175 Whipporwill Ln City Wilmington County New Hanover State NC Zip Code 28409 Lender /Client NA The data above represented by the blue dots is a sale found within the past year that was located within 500 feet of a school, church, busy road, commercial property or other external influences considered comparable to the subject property. In fact, the data above most likely represents a more drastic external influence than what the subject properties use were represent to the nearby neighbors. Each blue dot shows a sale that is then plotted on this graph based in its heated area on the bottom of the graph and then with its reported sales price on the left. After each dot was plotted, the appraiser applied a statistical trend line represented by the yellow line. This data can be used to estimate the most likely sales price of homes based on their heated area. For an example, the appraiser took a 2000 sq. ft. home and lined it up until it hit the yellow trend line to estimate its most likely sales price which was $263,000. This is determined by using the slope of this trend line formula of y= 25.282 +212461. This is how the estimated value of a 2000 sf. ft. home of $263,000 is determined from homes that had some kind of similar external influence. See the next graph below which represents sales similar to above but they were not located near any external influence. As you can see, the some 2000 sq.ft. home in the other graph showed the estimated value to be $264,000. This analysis clearly shows that both sets of data gave a very similar value for the some 2000 sq.ft. home. This is market data support that supports the appraisers conclusion that the subject property being used as a wedding event location would not have any negative impact on value or marketability for the nearby neighbors. Form HMAPPBo ��A(f eg%%ijo�8K&I � a ��r1�8i1��MODE ITEM: 9 -7-21 Client File No. Pa e # 17 of 20 REGRESSION ANALYSIS Client BESSELLIEU FRANCES BONEV REV TRUST ANNA McCAULEY Property Address 175 Whipporwill Ln City Wilmington County New Hanover State NC Zip Code 28409 Lender /Client NA This graphs and analysis is done in the some manner as described above but it was for homes not located in areas with nearby influences similar to the subject property. See comments and conclusions above. Form HMAPPBo ��A(f eg%%ijo�`8K &iI � a ��r1�8i1��MODE ITEM: 9 -7-22 Client File No. Pa e # 18 of 20 Appraiser License Certification Form SCNLG�OOP HW � sll gft�r�r�rsy a�a 4WUor- h-M&MODE ITEM: 9 -7-23 Resume - Page 1 EXPERIENCE WEAVER APPRAISAL SERVICE 1993 - PRESENT Client File No. Pa e # 19 of 20 _.` Appraisal Experience: 32 Years Total Appraisal Experience in North Carolina ` 23 Years Certified Real Estate Appraiser, North Carolina License #A3073 23 Years Certified FHA Appraiser, License #NCA3073 JEFFREY WEAVER 10 Years Certified North Carolina Department of Revenue Real REAL ESTATE APPRAISER Estate Appraiser 10 Years Certified North Carolina Association of Assessors Real Estate Appraiser 25 Years Real Estate Solesman /Broker OBJECTIVE To provide objective, professional, Certifications and Professional Designations: unbiased superior quality appraisal NC Certified Appraiser, License #A3073-current reports that exceed typical NC Certified FHA Appraiser, License #NC43073- current guidelines. NC Real Estate Broker - current IAAO Certified Evaluator, CAE -past IAAO Mass Appraisal Specialist, MAS -past SKILLS & ABILITIES iAAO Residential Evaluation Specialist, RES -post Extensive analytical and statistical skills. Proficient Excel knowledge. Appraisal Employment: 23 Years Weaver Appraisal Service /Owner Regression Analysis. 15 Years Real Estate Appraisal Consultant /Speaker -Owner 10 Years Senior Real Estate Appraiser; Kinston, NC- Ad Valorem ViTALS Tax Department Po Box 1627 2 Years Senior Mass Appraiser Project Manoger/Consultant; Wayne County, NC -Ad Valorem Tax Dept. Wrightsville Beach, NC 28480 3 Years Senior Mass Appraiser Project Manager /Consultant; T 910- 795 -9024 Harnett County, NC -Ad Valorem Tax Dept. 2 Years Senior Mass Appraiser Project Manager /Consultant; E jefweaver04l2@gmail.com Davison County, NC -Ad Valorem Tax Dept. 3 Years Appraiser Apprentice, Johnston County, NC -Ad Valorem Tax Dept. Appraisal Education: University of North Carolina at Chapel Hill -(Ad Valorem Section) Johnston County Community College Lenoir County Community College Multiple Appraisal School Updates /Companies Form SCNLGhojPN ffWM'iM'6w grV a p4e 6r_ �_ 0% &M"' ITEM: 9 -7-24 2. JEFFREY WEAVER REAL ESTATE APPRAISER Client File No. Pa e # 20 of 20 Resume - Page 2 Sample of Courses Completed. (not a full list) National USPAP, The New FHA handbook, Understanding Residential Construction, The Sales Approach, Construction Details and Trends,Appraising Manufactured Homes, FHA Appraisal The New Way,The Cost Approach, Land and Site Valuation, Residential Appraisal Review Trainees /Supervisors,Analysis of AQB;s Fads Part One and Part Two,Approising for the Secondary Market,Appraisals for Secondary Market,Appraisals for Conventional Underwriting, Extraction of Data From Market, Residential, Construction, Cost, Basic,Ap praisal, Principles, Regres sion Analysis, Basic,Appraisal Procedures, Residential Market Analysis and Highest and Best Use,Statistics, Modeling and Finance,Reo and Foreclosure Appraising, Residential Property Inspection,Advanced,Residential Application Studies Appraisal Report Writing,Avoiding Mortgage Fraud for Appraisers, Complex Appraisals, R-1, R-2, R-3, G -1 Appraisal Classes,Appraising the Odd Ball, Fundamentals of Mass Appraisal,AssessmentAdministration Residential Modeling Conceptsfor Mass Appraisals, Fundamentals of Real Property Appraisal, 1 and 2 Income Approach to Valuation ,Appraisal of Land, Residential Modeling Applications, Principles and Techniques of Cadostral Mapping,1AAO Standards of Professional Practice and Appraisal of Residential Property, Understanding Real Property Appraisal,introdudion to GIS, Depreciation Analysis,Appraisal Uses of Excel Software, Highest and Best Use; Valuing Property Affected by Environmental Contamination, Fundamentals of Industrial Valuation, Valuation of Agriculture Land,Multiple Regression Analysis for Real Property Voluation,Advanced Residential Appraisal Regression Analysis. COMMUNICATION Quality appraisals reports that far exceed typical guidelines are the primary foundation of my business plan. I have spent over two years creating and excel spreadsheet program which is included within every appraisal report. This extensive program was created in order fully demonstrate to my clients a true and accurate measure of neighborhood trends, support for all adjustments, as well as an easy method for the client or reader of the report, to follow the reasoning and justification for the conclusions. Form SCNLG�oa0q � sli gft�r�r�rsy a�a 4WUor- h-M&MODE ITEM: 9 -7-25 STATE OF NORTH CAROLINA ) ) ss. COUNTY OF NEW HANOVER ) THIS TRUST AGREEMENT is entered into on August 14, 2015, between FRANCES BONEY BESSELLIEU, of New Hanover County, North Carolina, as Grantor (the "Grantor "), and FRANCES BONEY BESSELLIEU, of New Hanover County, North Carolina, as initial Trustee (the "Trustee ") WITNESSETH• The Grantor desires to create a trust to be held, administered and distributed in accordance with the provisions of this Trust Agreement. Accordingly, the Grantor has transferred to the Trustee, and the Trustee acknowledges receipt from the Grantor of the sum of one dollar in cash. This property, together with any other property which may hereafter be conveyed to the Trustee subject to the trust hereby created, shall be held, administered and distributed by the Trustee, upon the trust and for the purposes and uses herein set forth. The trust initially created by this Trust Agreement shall be known as the "FRANCES BONEY BESSELLIEU REVOCABLE TRUST DATED AUGUST 14,2015." ARTICLE I - IDENTIFICATION A. Children. The Grantor has no children. B. Mother. Grantor's mother is Mary Anna Bessellieu C. Sister. Anna McCauley is Grantor's sister. D. Nephews. Christopher Kyle McCauley and Samuel Owen McCauley are Grantor's nephews. E. Brother. Anthony Owen Bessellieu is Grantor's brother. ARTICLE II - INITIAL REVOCABLE TRUST A. Distributions. The Trustee shall hold, manage, sell, exchange, invest and reinvest the trust property, collect all income and, after deducting such expenses as are properly payable, shall accumulate and distribute the income and principal as herein provided. The Trustee shall distribute the income and principal of the trust to the Grantor in such amounts as the Grantor 1 Board of Commissioners - September 8, 2020 ITEM: 9 -7-26 may direct. All undistributed trust income shall be accumulated and invested. If the Grantor becomes incapacitated, the Trustee shall distribute such amounts of the income and principal of the trust for the comfort, health, support, maintenance or other needs of the Grantor as the Trustee shall determine, in the Trustee's discretion, to be necessary or appropriate to maintain the Grantor in accordance with the Grantor's accustomed standard of living at the time of the execution of this Trust Agreement. B. Additions Following Death of Grantor. Following the death of the Grantor, the Trustee shall add to this trust all property which was owned by the Grantor and which is received by such Trustee under the Grantor's Will and all non - probate assets (which shall include, but not be limited to, any payments from an employee or self - employed benefit plan, individual retirement account or annuity or any proceeds of any insurance policy on the life of the Grantor) which are payable to the Trustee hereunder. C. Distributions Following Death of Grantor. Following the death of the Grantor and the additions in Article II, Section B, and prior to the payments in Article I1, Section D, the Trustee shall make the following distributions: 1. First Distribution. All of the Grantor's interest in the real property and the improvements thereto which are located at 174 Sound View Drive, Wilmington, North Carolina 28409, shall be distributed to MARY ANNA BESSELLIEU for the term of her life, subject to the terms contained in this paragraph. If MARY ANNA BESSELLIEU fails to survive the Grantor, this gift shall lapse. MARY ANNA BESSELLIEU shall be entitled to full possession of the property without requirement of bond or other security. MARY ANNA BESSELLIEU shall maintain such property in good condition and shall pay for all assessments, insurance, taxes, and ordinary repairs. The above described real property interest is given subject to a mortgage loan, and except as may be provided for below, MARY ANNA BESSELLIEU shall be responsible for all mortgage payments. MARY ANNA BESSELLIEU shall not be required to pay for damage to or depreciation of such property, unless it is caused by her act or omission. MARY ANNA BESSELLIEU, in her absolute and uncontrolled discretion, may lease such property upon reasonable terms and conditions for a period not to exceed her life with such lease payments being paid directly to MARY ANNA BESSELLIEU. Upon the death of MARY ANNA BESSELLIEU, the property which remains subject to this life estate shall be distributed in the same manner as the property of this trust would have been distributed had the Grantor died on the same day as MARY ANNA BESSELLIEU with 1 J 2 Board of Commissioners - September 8, 2020 ITEM: 9 -7-27 MARY ANNA BESSELLIEU being treated for such purposes as having failed to survive the Grantor. The sum of Forty -Three Thousand Two Hundred Dollars ($43,200.00) shall be given to the Trustee who shall hold such funds in a separate trust for purpose of making the mortgage payments, with such trust being administered as provided in this paragraph. This trust shall be known as the 174 Sound View Drive Trust. The Mortgage payments shall include principal and interest payments and any lender escrowed tax and insurance payments. The Trustee shall have all of the powers and protections granted to the Trustee under other provisions of this Trust Agreement. The Trustee shall distribute such amounts of the income and principal of this trust as necessary to pay the monthly mortgage payments until all income and principal shall be exhausted. If MARY ANNA BESSELLIEU shall die prior to the exhaustion of funds held in this trust, the trustee shall continue to make the mortgage payments for the benefit of the subsequent beneficiaries until all principal and interest held in this separate trust shall be exhausted. Except as otherwise provided in this paragraph, the income and principal of this trust shall be used exclusively to pay for mortgage payments. This trust shall terminate upon the exhaustion of principal and interest or upon the sale of the real property by any beneficiary, whichever shall first occur. Upon termination, the remaining property of this trust shall be distributed in the same manner as this trust would have been distributed had the Grantor died on the date of such trust termination. 2. Second Distribution. All of the Grantor's interest in the real property and the improvements thereto located at 175 Whippoorwill Lane, Wilmington, North Carolina 28409 shall be distributed to ANNA MCCAULEY for the term of her life, subject to the terms contained in this paragraph. If ANNA MCCAULEY fails to survive the Grantor, this distribution shall lapse. ANNA MCCAULEY shall be entitled to frill possession of the property without requirement of bond or other security. ANNA MCCAULEY shall maintain such property in good condition and shall pay for all assessments, insurance, taxes, and ordinary repairs. The above described real property interest is given subject to a mortgage loan, and except as may be provided for below, ANNA MCCAULEY shall be responsible for all mortgage payments. ANNA MCCAULEY shall not be required to pay for damage to or depreciation of such property, unless it is caused by her act or omission. ANNA MCCAULEY, in her absolute and uncontrolled discretion, may lease such property upon reasonable terms and conditions for a period not to exceed her life with such lease payments being paid directly to ANNA MCCAULEY. Upon the death of ANNA MCCAULEY, the property which remains 3 Board of Commissioners - September 8, 2020 ITEM: 9 -7-28 subject to this life estate shall be distributed in the same manner as the property of this trust would have been distributed had the Grantor died on the same day as ANNA MCCAULEY with ANNA MCCAULEY being treated for such purposes as having failed to survive the Grantor. The sum of Seventy -Two Thousand Dollars ($72,000.00) shall be given to the Trustee who shall hold such funds in a separate trust for purpose of making the mortgage payments, with such trust being administered as provided in this paragraph. This trust shall be known as the 175 Whippoorwill Lane Trust. The Mortgage payments shall include principal and interest payments and any lender escrowed tax and insurance payments. The Trustee shall have all of the powers and protections granted to the Trustee under other provisions of this Trust Agreement. The Trustee shall distribute such amounts of the income and principal of this trust as necessary to pay the monthly mortgage payments until all income and principal shall be exhausted. If ANNA MCCAULEY shall die prior to the exhaustion of funds held in this trust, the trustee shall continue to make the mortgage payments for the benefit of the subsequent beneficiaries until all principal and interest held in this separate trust shall be exhausted. Except as otherwise provided in this paragraph, the income and principal of this trust shall be used exclusively to pay for mortgage payments. This trust shall terminate upon the exhaustion of principal and interest or upon the sale of the real property by any beneficiary, whichever shall first occur. Upon termination, the remaining property of this trust shall be distributed in the same manner as this trust would have been distributed had the Grantor died on the date of such trust termination. 3. Third Distribution. All of the Grantor's membership interest in MARKER 137, LLC, or its successor whether by change of name, consolidation or merger, shall be distributed to ANNA MCCAULEY; provided if ANNA MCCAULEY fails to survive the Grantor, this distribution shall lapse. 4. Fourth Distribution. The Grantor's horse, Odysseus, shall be distributed to those of Jacky Wilkins and Tammy Wilkins who shall survive the Grantor, together with the sum of Ten Thousand Dollars ($10,000.00). No such distribution of cash shall be made, though, if the Grantor's horse, Odysseus, is not living upon the Grantor's death or if the gift of the Grantor's horse, Odysseus, is not made for any other reason. 5. Fifth Distribution. The sum of Fifty Thousand Dollars ($50,000.00) shall be distributed to the University of North Carolina Wilmington, tax identification number 56- FBB 0 Board of Commissioners - September 8, 2020 ITEM: 9 -7-29 June 10, 2020 Amy J. Lewis 4601 New Jack Road Wilmington, NC 28409 My property is directly beside the property of Anna Bessellieu McCauley, who resides at 175 Whippoorwill Lane. The operation of her home and yard as a wedding venue has not been a problem for us. We are her nearest neighbor and our yards intersect each other with no fencing or barrier. Ms. McCauley is always on site and maintains security and strict oversight of these events. Our communication lines are always open with her and we feel that we are good friends and good neighbors. Please permit Ms. McCauley to continue her Marker 137 business. Sincerely, Amy J. Lewis Joyce H. Lewis 4607 New Jack Road Wilmington, NC 28409 June 10, 2020 To Whom It May Concern: I live across an estuarine marsh from Anna Bessellieu McCauley. My family has owned this property since the 1940s and I was here when a previous owner of 175 Whippoorwill Lane started having weddings in the front yard. They did not bother me then and they still do not bother me at ail. Ms. McCauley is a good neighbor and I support her in her endeavor to obtain a permit for her wedding venue business (Marker 137). httos:,'�ntt; -)chnients.off ce.neNowa,•'anna(umarker13 .car Q rdcOfK� � x �t�7lb &tsu 2I =true&dnimati „n = t.ue 6/10/20, 11 3:39 PM Page i of 2 Sincerely, Joyce H. Lewis Boa Sept!�rpber 8, 2020 D.- —w&i,,DbvvnIoao =tru P&anirn ation. =true 6/10/20, 8:39 PM FV IV Page 2 of 2 To Whom It May Concern, This letter is in reference to our neighbor, Anna McCauley and the Marker i37 Venue. My husband and I own one of the properties, 174 Soundview Drive, Wilmington, NC, which is directly adjacent to her property at Marker 137. We have never had any concerns with the events at her venue. We have the utmost high respect for Anna and how she runs her events on the property. We have never had a problem with noise or how long the events have lasted during the evening. In fact, it's a nice change of pace when there is an event planned as we can sit on our porch and watch and listen to the family and friends gathering to enjoy our beautiful Wilmington waterway. Anna has always been up front with her neighbors and has often stopped by to make us aware of her events and schedule. She gives back to the community as much a possible by allowing some non - profit organizations to use her venue at discounted rates or even donations for certain events. An example of this would be the `Be -The- Adult" organization with some of their fundraising activities. We look forward to her continuing her business venture as she is not a nuisance to anyone in the area. Thank you for taking the time to read our letter of support for Anna and please know that you may contact us at anytime if you have any questions or concerns. Have a great day. Cameron and Sharon Edwards 174 Soundview Drive Wilmington, NC 28409 symedwards6Cgmail. com Board of �k� is ��ae�sember.8 2020 hit�JS[ jiatt; aenments. oifi: e. eiaYotia+ aann�rnarkertS ?.r7m /serv�c�....�:c- an��;� xtlt . &�sC�ca:wnEoad= e[u2£�aniroatien =true 6!7/20, 6:11 PPvt Page, 1 of 2 New Hanover County Planning & Land Use Department 230 Government Center Drive, Suite 110 Wilmington, NC 28401 June 7"', 2020 Re: Letter of support Marker 137 To whom it may concern, I am writing this letter in support of Anna McCauley and her wedding venue Marker 137. It is with sincere consideration of all parties involved that I offer this on behalf of Anna and her family. I have known Anna and her family for over 20 years, well before the wedding venue was created. The venue was created as a means of keeping this land in her family after inheriting it from her dear sister Francis. Anna is a very thoughtful and caring person. She is very concerned not to infringe upon the privacy of her neighbors and is very respectful of all laws associated with holding the venue on her property. She has indicated that she only holds 12 -16 events per year and that most of those occur in the spring and fall due to the heat of the summer months. She has also expressed to me that she has no desire to hold more events than 16 per year as it is too much wear and tear on the land and that she prefers to hold the minimum number of events needed to pay the yearly mortgage on the property. She has also conveyed that she needs to hold these events or she would not be able to keep this land in her family and pass it down to her boys, Chris and Sam. These weddings and small celebrations fill her with deep joy and appreciation of the beauty of this property, particularly during these most challenging of times. Anna is conscientious about the music played, the volume of the music, how it is projected and also turns off the music at precisely l Opm per local governance. She has also offered to post the scheduled events in advance and share this schedule with the Sound View Home Owners Association. I believe in my heart that an amicable solution can be reached and that the htts:attact, nnts.offir.e.: et %ogre /anna marker137.con f G I fS 20 0 is$own oaci= true &animation =true 6/7/26, 6 :11 PM -- s Page 1 of majority of the neighbors are very supportive of Anna and her venue. Please feel free to reach out to me if I can provide any more input that would be helpful to the planning commission as they review the permit application needed to continue operations at marker 137. I sincerely appreciate your consideration, Tania Corbi 185 Sound View Drive 617 -2846 Board of �,fi� er � P�ember.8 2020 https:tlattactinients. office. net,<' ovv a} anna C�n-larkerl37.can�lservice.._ f T41� �a S xt1ty� &�suovvnload= true &animation =true 6J7r`Pa x:11 PM Page 2 of 2 <_ ... u, E Marker 137 Susan Lassiter .. . To: anna marker137.com Fri 6/5/2020 2:09 PM To whom it may concern re: special use permit Anna McCauley has been a neighbor and friend of mine for many years. She is a valued member of our community who uses her business, Marker 137, in many generous ways. Anna is always eager to volunteer her property, staff and equipment to anyone in need. Out of the goodness of her heart, she has hosted fund - raisers for various charities, neighborhood oyster roasts, as well as weddings, funerals, and family events. She is the very definition of a person who finds more joy in giving rather than receiving. Anna is also a person who respects authority and strives to follow the rules of her industry. She conducts her business ethically and operates it with the utmost consideration for those around her. The events are conducted tastefully and the property is kept neat and clean. Hospitality, kindness and hard work are the roots and goals of Marker 137, Susan Lassiter 179 Sound View Drive Wilmington NC httns: , +icutlook.office.comimail,iint ^xrid;AAQkP,GFh0dgxTJgI L� f. 7 9 - P�0 n ITEM: 9 - -' P N� )Kt�9. ,u4NLmpgrDC)79vRM %3D F?7,+20, 6:12 PM ao&1ct1 Jute 2, 2020 To Whom It May Concern, It is with plea.sige that I submit this letter of support for Ail McCauley and her wonderful event venue, Marker 137. 1 am a clinical_ social worker in Wilmington, and the founder of Be The Adult, a local nonprofit organization whose mission is to provide blueprints for calm and effective parenting. We have a book illustrated by c=hildren in New Hanover County, a podcast with a large community following, and I provide parenting seminars free of charge to local schools and organizations. We rely on donations and community c»ppori to 1rP.P.n our important mission alive. When Anna McCauley heard about our work, and the testimonials from some of the hundreds of local families who we have helped, she immediately offered her support. She gPn rn11sly donated her vemuP,,. Marker 137, to us for our. annual fundraiser, and has pledged that we can use it every year, free of charge, We would not be the organization that we are without Anna's generosity. Using her incredible venue has helped us to grow exponentially by giving us a free and beautiful space to bring together our current supporters and their friends, who after enjoying our informative events at Marker 137 become Be The Adult supporters too. Our community, along with much of the world, is trying to cope with incredibly traumatic events. Our work to create lasting and meaningful change by educating and supporting parents is now more important than ever. We need more people like Anna McCauley who is trying to help children be able to grow into their best selves. http;( /attaCnments. t €ice.net;c va {a�tnar arker]3 :co ., �r �f i q rs,. ptembg.r 2020 s � � ac t_ ' Rxtlt, t€ j ,,u,,,rjsilaad= tru ^.&ariimaticn =true 617/10, 5:12 PM / ^ f2 To Whom It May Concern: The intent of this letter is to provide support for Anna Mccauley and the activities that take place as part of her Marker 137 business. We live at 4606 New Jack Rd which is within a few hundred feet of Anna's property. In the entire time that Marker 137 has been holding events we have never had an issue with her or her guests. In fact, we often enjoy the music from our front porch. The parking and traffic into her property has always been completely under control and has never affected us. The music has never been offensive or overly loud, it always ends at 10:00 pm- -even when the crowd pleads for it to continue. We can give one example of how Anna's business has supported our neighborhood. The husband of one of our neighbors (Daniel Langley) passed away last fall after a battle with brain cancer. His wife and 12 year old son were looking for a place to have a celebration of life. Anna offered up her property for this event which included a pig - pickin and many stories to commemorate Daniel's life. I know this meant a lot the family and friends that were able to attend this event. In summary, Anna and her business are the best neighbors we could hope for, and we strongly support both. David and Jennifer Tucker 4606 New Jack Rd Wilmington, NC 28409 Board of Commissioners - September 8, 2020 ITEM: 9 -7-37 lo — (J� ecJ �2nDWJt, Hwy,. a.,),7 &,eZt, imaaLe- � �to. au � /7s" 191-3993 Board of Commissioners - September 8, 2020 ITEM: 9 -7-38 , Board of Commissioners - September 8, 2020 ITEM: 9 -7-39 1 August 2020 To Whom it May Concern: Re: Marker 137 My name is Marilyn Tyner. I live at 168 Whipporwill Lane in close proximity to the party venue of Marker 137. I am writing this to let you know that Marker 137 has never been a disturbance to us. I have owned my home since 2012 and not once had a complaint about any of the weddings or parties hosted at Marker 137. Yours truly, Marilyn R. Tyner Board of Commissioners - September 8, 2020 ITEM: 9 -7-40 /- 6 AS r� V�C7� 0 4—C I S4 1 G l 5 �r a lea Board of Commissioners - September 8, 2020 ITEM: 9 -7-41 Fwd: Anna Mc Cauley's Zone Permit Application William Salter To: anna marker137.com Wed 81512020 7:28 AM Anna, a bit of a mess because I cant figure out WORD but I wanted to be sure 1 had something for you for tomorrow. You are the best. Thanks for all you have done for us. Bill and Alicia - - - -- Original Message:-- From: William Salter <wsalte1 @aol.com> To: Rudddogs @aol.com <Rudddogs@aol.com> Sent: Thu, Jul 30, 2020 2 :27 pm Subject: RE: Anna Mc Cauley's Zone Permit Application Unlike Anna's many, many friends I only became acquainted with her this past year. I was immediately taken back by her presence, character, and conversation. I certainly have not been disappointed. Anna has a view of the world that focuses on hard work, doing every thing the RIGHT way and being someone you can always depend on. I have never heard her say " NO " to anyone. I take the time to share this because I immediately saw her concern when the issue relating to her Bridal business came to light. She was neither angry or annoyed, but rather " what did we do wrong " and "How do I make it right" I know she has received great support from her neighbors. They realize her priorities for this exceptional property is not income but preserving it's beauty for generations to come. It seems a positive response to this zoning request is the best possible outcome for the use and maintenance of this property. Undoubtedly, her neighbors, past brides and those to come will agree. Board of Commissioners - September 8, 2020 ITEM: 9 -7-42 Here ya go... final draft(attached and copied below) You forwarded this message on Wed 8/5/2020 7:28 PM bdoginc @aol.com To: anna marker137.com Wed 7/29/2020 1:52 PM -'= Letter for Anna McCauley ODT - 25 KB To: New Hanover County Planning From: Edwin "Hap" Alexander, Jr. Date: July 29, 2050 Board and Board of Commissioners Re: Anna McCauley's zoning permit application I am writing to provide insight, into the character of Anna McCauley in support of her current zoning permit application. I have known Anna professionally sine . 2003 when she became the foot service rv�eppresentative to my restaurant, Sears Lancing Grill and Boat Docks, in Surf City, NC. Our relationship quickly grew to become much more than jug profession 1.... m fact, our families became ood friends. Anna has always a straight shooter inTusiness and remains my trusted Triend today. The most important aspect in business and of a gooVcCauley'is erson is `to do what you say yyou.will do when ou say that you will do it. ' Anna that person... in business and in blue. I assure yqu that he New Hanover County. Planning Board and Boarcof Commission rs can depend on her hones and integrity in these discussions today and long after your deliberations -have ended. Anna McCaule 's ties to New Hanover Coun and Masonboro Sound are founded on her love of the Sound and f r her family. S�e came back home.se en.�; ears ago to care for her ang terminally sly mother an ct help care for her terminally ill sister. �nce they bo passed, rather than yield to the temptation of more dense evel pment, Anna choose to reserve the .char cter Q er family's Yalu ble waterfront property, opting instead to provide a eautiful natural setting for couples to get married. Anita will provide you with statistics on the size and slumber of weddings she may hm but you can be assured that her bi St concern is no in numbers or ppro stability. She even cares more aboue protection of the grass to the point of limiting ow many and how often folks can be there or for how long... regardless of demand. Her you have . an opportunity to show your support for an envir nmentally friendly locally-owned independent business that makes no demands on tale coun-t�yy s infrastructure while preservin the beauty of the land. As a life-long small business entrepr neur I encoura e you o find favora 1 on h r zoning r quest, because Anna McCauey'sVlarker 13 on the waterfront olyVlasontoro Sound is the epitome of low - impact small business so beneficial to the character of Coastal New Hanover County. i, Board of Commissioners September 8, 2020 ITEM: 9 -7-43 erei Edwin "Hap" Alexander, Jr. Board of Commissioners - September 8, 2020 1,,ttp-:,f?e,utlook.c,fficP.com/mF,ill'inbo ./ictl'AAQkAC,Fh0Dg,X Ni! 3LT,Cx T R k, l�Yff MI V x P _Q44TE, 7gAQA07D Gga4jBn1070jb� ;8%3D r.'; !2r 7: 3 8 PM Page 2 of 2 The Reverend and Mrs. Richard Vollers Hanson, junior 870 Connahetra Street Murphy, North Carolina 28906 July 31, 2020 Greetings, I have known Anna Bessellieu McCauley for over four decades. Her family has been part of the fabric making up Masonboro Sound for many generations. She continues this tradition with a small yet refined wedding venue Marker 137. 1 have had the privilege of attending several functions at this venue. My husband, The Rev. R. Vollers Hanson,junior, has presided over marriage ceremonies there for close friends and their children. As a life -long food service professional Anna knows her work well. Marker 137's marry top -tier vendors benefit from the business generated by this regionally well -known and respected venue. Mrs. McCauley gifted the Marker 137 house to us when we were forced to evacuate Lumberton after Hurricane Matthew's devastating flood. It was from Marker 137 that early supply and relief efforts for Robeson County were initiated and Coordinated with the NC Synod of the Evangelical Lutheran Church in America. Lost somewhere in this ever - changing world is the notion that one keeps one's word. Anna considers her word her honor. Her character is beyond reproach. Anna is the first to help others in a quiet, and steady manner, an admirable trait. She is a military mother and an essential asset to the Wilmington -Cape Fear community. Mrs. Terri Harris Hanson (Terri) Board of Commissioners - September 8, 2020 ITEM: 9 -7-45 3735 Mill Creek Rd. Hockessin, DE. 19707 August 1, 2020 New Hanover County Planning & Zoning Board 301 Government Circle Wilmington, NC. 28405 To Whom It May Concern: I am writing to support Anna McCauley and her business, Marker 137, at 175 Whipporwill Lane. A friend of Anna and her late sister, Frances Bessellieu, I was there when the plans for this business were being formed. A longtime resident of Masonboro Sound, Frances loved the area and her neighborhood, and wanted to own a waterfront home. In order to make this dream financially feasible, she knew she would need a part-time income from the property. Marker 137 as an event venue was formed. Frances was cognizant of the residential neighborhood around the property, having lived at an adjacent property on Sound View Drive for many years. She and her sister wanted to be good neighbors, and they have many friends on Whipporwill Lane and Sound View Drive. Frances expected to host small to mid -size weddings about four to five months a year while maintaining the property as her residence. She knew many of her neighbors well, and she was certain that within modest parameters, she could host weekend events without disturbing the residential nature of the area. Frances launched her business and included her sister, Anna, in her plans as she saw this as a family endeavor. When she died, she hoped that her sister would continue to run the business on the property. I have attended a wedding and a birthday party there, and there are strict parameters around how many people may attend, use of alcohol, parking rules, music volume and end of event times. Contracts clearly state the rules. Anna McCauley and various staff are always on -site during events. I don't think the venue is generally booked for more than one weekend day in April, May early June, September and October. Nor has it ever been booked for every one of those weekends. I hope you will allow Anna McCauley to continue to operate this business. It's an uphill battle for small business owners as it is these days, and Marker 137 needs a chance to be viable as it does contribute the area's economy providing business to many vendors at its events. Sincerely, QZW ut •.t�� J et Fender Board of Commissioners - September 8, 2020 ITEM: 9 -7-46 To: New Hanover County Planning Board and Board of Commissioners From: Stephanie Sonzogni Date: August 5, 2020 Re: Zoning Permit Application — Special use Anna McCauley My name is Stephanie Sonzogni. I am an attorney licensed to practice law in New Jersey and North Carolina. I have been a practicing attorney since 1997. I have worked for the Carteret County Government for the past 12 years, as managing attorney at the Carteret County Department of Social Services. I sincerely appreciate the opportunity to provide my thoughts on a local businesswoman's livelihood and character as you consider the special use permit - zoning request of Marker 137, on August 6, 2020. I have known Anna McCauley, proprietor, for the past 17 years; first through business when she was a marketing associate selling product to our family run restaurant in Cape Carteret, North Carolina, and then into a personal friendship. I hope that the New Hanover Planning Board, and Board of Commissioners will embrace this opportunity to show solid, unified support for a small, locally sourced business that reflects only positively on the Masonboro Sound community, and New Hanover County as a whole. In these times of uncertainty and business downturn, leadership must rally behind the local small businesses and support them however possible. Anna deserves this as she has given so much back to the community. From the first time I met Anna, I have always been amazed by her passion for the service industry. Anna is enthusiastic, humble, loyal, and honest. She is generous and caring. Anna takes pride in her business and it is evident in the attention to detail on the property, and her care to ensure that every- thing is "Perfect "for her clients. I have attended events at her venue, and always leave impressed. Anna takes great pride in ensuring that no detail is overlooked. She has improved the aesthetics of the area; the property is more beautiful (if that is even possible) now than when she first began Maker 137. Her events are tasteful, classy, and complimentary to the community. As one who can personally attest to Anna's character and integrity, I encourage you to find favorably on her zoning request. Anna is truly a person who will go over and above, and then some, to ensure that the area, and property are a positive reflection of the surrounding community. What better business than one that espouses all the things that make Masonboro Sound the wonderful place that it is? Thank you for your time and consideration. Should you wish to discuss this further, or have any questions, please contact me at 252- 646 -2299 or Respectfully, Stephanie Sonzogni 1914 Emerald Drive Emerald Isle, North Carolina 28594 252- 646 -2299 Stephanie.sonzogni@carteretcountync.gov Board of Commissioners - September 8, 2020 ITEM: 9 -7-47 Marisa Russo 11381 Parkfield Ct. Riverside, CA 92505 951 - 351 -1715 mnrusso.educonsulfing@gmail.com July 30, 2020 To whom it may concern, I have known Anna McCauley and her family in a variety of capacities for many years. Her sister (Frances) and I worked together as national literacy specialists for many years. Anna, Frances and the entire family welcomed this California girl into their home during several summer vacations. In addition, I had the pleasure of attending a beautiful family wedding at their venue located on the Masonboro Sound in 2015. This wedding was so extraordinary that I recommended this venue to my sister and future brother -in- law. Anna is efficient, detail - oriented, and extremely competent. It brings her great joy to share her piece of heaven with others. She has worked extremely hard to keep this family legacy going and to ensure all weddings are purely joyous occasions. She, also, takes personal care of the landscape because she believes guests should be surrounded by distinct elegance, romance, and charm. If you have any questions, please do not hesitate to contact me. Sincerely, Marisa Russo Board of Commissioners - September 8, 2020 ITEM: 9 -7-48 0ida, r=z To Whom it May Concern, Vly name is Alicia Rudd and I've known Anna B MCCauley for nearly 50 years. Even as a child, 4nna's work ethic was obvious. She happily worked along side her mother and her father. She -ias raised two boys and taught them the same work ethics, family values and traditions. 3lease allow Anna what she needs to continue her amazing Marker 137 Wedding Venue. Anna's 'green business" helps to create families, by providing them with a beautiful and intimate Nedding setting. Anna has been fulfilling her late sisters dream of having this unique and >elfless business. She has been doing an amazing job carrying the torch of her sisters dream )nd making it an even more beautiful and God filled reality. Our county needs more female )usiness owners like Anna, who give back much more than can be measured. �s a life long resident of New Hanover County, I pray you do the right thing and grant Anna the )ermits needed. Her beautiful setting will be ruined by developers, if she's unable to continue he peaceful and Godly work that she does. 3lessings, 1Iicia Rudd, RVT Board of Commissioners - September 8, 2020 ITEM: 9 -7-49 AL WA 1 1.1 1 IRON 1 IR l SI Al_I (RANI TO: New Hanover County Planning Board and Board of Commissioners FROM: Randal W Swanson DATE: August 6, 2020 SUBJECT: Zoning Permit Application - Anna McCauley I have known Anna McCauley on a professional level for over 15 years and wish to provide a some insight into her character and support her in her request for a zoning permit. As the current owner of two (2) restaurants in Swansboro (Icehouse Waterfront and The Boro Restaurant & Bar), I have had the opportunity to work with Anna on multiple occasions. Our professional relationship began many years ago, when she was a representative for one of the larger food vendors in the nation. Anna did an outstanding job making sure that my needs for product were constantly met and she unfailingly kept me apprised of new developments in the product lines. Later, when Anna branched out to start Maker 137, we teamed by providing the catering for numerous weddings and other high profile events. Later, Anna demonstrated her high level of trust by asking us to do the catering for her son's wedding, which also demonstrates Anna's commitment to help support other small - locally owned businesses in the area. In all my dealings with Anna, I have found her to have extensive knowledge of all phases of the wedding and special event business. She is extremely proficient and is considered a go -to person, throughout the area and the state, for all matters pertaining to the subject. Anna is a fountain of knowledge, extremely ethical, and professional in all matters when interacting with vendors, clients, and other parties. involved. As the proprietor of Maker 137, Anna has done an absolutely spectacular job of growing her business while, at the same time, respecting the balance of man versus nature on her gorgeous property overlooking Masonboro Island. I highly encourage the New Hanover County Planning Board and Board of Commissioners to show support of this outstanding gem of a locally owned business by approving her special use permit. Thank you for your consideration, RANDAL (RANDY) W SWANSON Member Manager 103 Moore St, LLC (dba Icehouse Waterfront Restaurant) Pelican Shoal, LLC (dba The Boro Restaurant & Bar) https:j/ attachments. office. netioeva ( annar marker137.coRse vice, �� IQ�i1� 5S pt�s�ve i8D20n�looad =true &animat ion =true 13/6/20, 2 :47 PM Pace 1 of 2 PROPOSED SITE PLAN Board of Commissioners - September 8, 2020 ITEM: 9 - 8 - 1 General Grass Parking rtable Toilets Location KI Private Drive Connecting to Whipporwill Lane 0 %House g Grass Parking Area Canopy of Natural Wooded Area 10 Existing Trees Ceremony I Area General Tent Board of Commissioners - September 8, 2020 Locations Intracoastal ITEM: 9 - 9 - 1 Waterway NAN. Parking ��'►� r Area ►:� General Tent Board of Commissioners - September 8, 202M Locations ITEM: 9 - 9 - 2 0 Existing Trees Ceremony Area Intracoastal Waterway OPPOSITION MATERIALS Board of Commissioners - September 8, 2020 ITEM: 9 - 10 - 1 July 28, 2020 New Hanover County Planning Board: Regarding Petition for Anna B. McCauley to obtain a Special Use Permit, Case: S20 -03 When our neighbor, Ms. McCauley, tearfully told us that she had been issued a cease and desist order for her business, we immediately offered to write a letter in support of her endeavor to obtain a special use permit so she could continue to have a business that offers large outdoor events on her property. These events have mainly been weddings, but also includes other types of large group gatherings. She also rents out her house on Airbnb. We do like Ms. McCauley. She has always been nice and is extremely helpful in times of need. Yet, we have had many discussions with her about the problems and disruptions that her business has caused and she is well aware that we do not like having this business in our neighborhood. We did write a letter in her favor, but after reading about these permits, researching the zoning laws, understanding the impact to our neighborhood and property values, questioning those in the Office of Planning and Land Use, and much reconsideration, we realized that we had written a letter of support in haste and without considering all the repercussions of supporting this type of business in our neighborhood. Ms. McCauley usually has two events per month, but it occasionally will be three. These events run over several days. On Wednesday or Thursday, large trucks deliver tents, tables, chairs, and porta - johns. First, crews come in to set up the tents in the front yard. Then the furniture must be hauled from the back yard to the front by numerous trips using a riding lawnmower and a trailer. Pre - wedding prepping and rehearsal parties are held on Fridays. Saturday mornings, flowers and decorations arrive. A PA system is set up. A band or DJ starts their sound checks. Trucks bring in food and beverages. Cars begin flowing in by early afternoon bringing in 100 to 150 folks for the main event. If there is not enough parking for the size of the event, a shuttle bus is used to handle the overflow and it continually hauls people to and from an offsite parking area. This party goes on until 10:00 PM with a band or a DJ blaring music. There is lots of traffic on our little street, which is also partially unpaved and rutted. The noise can be deafening during the alcohol fueled parties. Numerous times we have had to ask Board of Commissioners - September 8, 2020 ITEM: 9 - 11 - 1 Ms. McCauley to shut them down when they run over the 10:00 PM designated time. Then, all these loud boisterous folks have to send off the bride and groom in a boat or a car. Finally, all these often intoxicated folks get in their cars and leave. On Sunday mornings, all the trucks return and the crews take turns hauling all their furniture, tents, and paraphernalia away. We have had people attending these events leave their cars parked in our driveway, come on to the property to take photographs, walk through our yard and ask to go on our pier, toss their trash in our yard, knock on our door and ask to use the bathroom, and even urinate in our yard in broad daylight. Whippoorwill Lane is a short street that was established in the late 1940's. It is a normally quiet neighborhood of single family homes. Many families have been here for over 50 years. My family has lived on our property since Whippoorwill Lane was first established. This outdoor business venue started 4 -5 years ago. It began on a very small scale, but has grown into a big business. The increasing number of events per year, the traffic and damage to the road, and the barrage of noise on an otherwise quiet residential street all contribute to a negative impact on our neighborhood. We also worry about what this maybe doing to our property values. Who would want to live near a business such as this? We know Ms. McCauley has tried her best to minimize the deleterious aspects of these gatherings, but she cannot dispute that they do infringe on the people and the usual quiet tranquility and quality of our small neighborhood. This neighborhood is zoned for residential use only. It is unfair and unreasonable to allow it to be altered. Sincerely, 4601 New Jack Road (Both 4601 and 4607 belong to Joyce H. Lewis of 4607 New Jack Rd) Board of Commissioners - September 8, 2020 ITEM: 9 - 11 - 2 August 1, 2020 New Hanover County Planning Board Planning and Inspections Department 230 Government Center Drive, Suite 110 Wilmington, North Carolina 28403 RE: Special Use Permit for Marker 137 Members of the Planning Board: As homeowners on the ICWW waterfront within 500 feet of Marker 137, we, the undersigned residents, request that the NHC Planning Board deny this special use permit. While we acknowledge the history and the passion behind this request, we cannot imagine approving the wishes of one property owner to create a business venue in a residential area over the wishes of the many nearby property owners who have worked very hard to live in a quiet, residential, "Mother Nature" venue! One recent buyer here has stated he was very disappointed when he found out about Marker 137 after his purchase. And yes, sometimes the music is pleasant, but at other times it has been crude and loud, and continued past 10 PM. There is also typically a DJ or MC involved, adding a lot of enthusiastic "yelling" over the microphone. (One of our neighbors leaves town every time there's an event due to the noise.) This is certainly NOT in harmony with the area we chose for our lifetime home. Also the 12 to 16 weekends per year that are good for outdoor weddings are our best weekends to be outside, possibly with family and friends, and with our own preferences for entertainment. (Music travels extremely well across water...) And this is VERY DIFFERENT from a property owner hosting a private party or family reunion, since it adds up to 16 (much larger on average) events per year from just one property. In addition to noise & frequency concerns, we are also concerned about the safety of the location in case of an emergency. On the website theknot.com, Marker 137 lists their guest capacity as "up to 300 ". There is certainly not sufficient parking for 300 on this site, and if there was some sort of emergency event that required access or evacuation, the logistics of this would be difficult at best on this single access site. In summary, please deny this permit request by one homeowner in flavor of the many homeowners near Marker 137 who have sacrificed greatly to own their own quiet "piece of heaven ", hopefully for many, many years to come. Your consideration is greatly appreciated. Respectfully, 7 Pelican Point Road property owners representing 8 properties; Gre d Kim Bebb 96 Pelican Point Road Wilmington, NC 28409 Phone # Wor email (optional) Board of Commissioners - September 8, 2020 IT ®r} 11 - 3 Charlie an im Caz'er Phone # Wor email (optional) 91 Pelican Point Ro ( o owners of 73 Pelican Point Road) Wilmington, NC 28409 John and Karen Frye 94 Pelican Point Road Wilmington, NC 28409 1 Ed and elley Hobson 90 Pelican Point Road Wilmington, NC 28409 Phone #'. &1or email (optional) R 6(G Q --S ( � -Q a-� 1 Phone # &/or email (optional) I/M-atfhew'6nd Lincya Not Phone # &for email (optional) 93 Pelican Point Road Wilmington, NC 28409 Wafne and Carolyn Po 97 Pelican Point Road Wilmington, NC 28409 t Monty Recoulie 100 Pelican Point Road Wilmington, NC 28409 ��rosts_ �cLs Phone # &/or email (optional) gtt1. ��—�,). aZC, t Phone # &1or email (optional) Board of Commissioners - September 8, 2020 ITEM: 9 - 11 - 4 August 1, 2020 New Hanover County Planning Board Planning and Inspections Department 230 Government Center Drive, Suite 110 Wilmington, North Carolina 28403 RE: Special Use Permit for Marker 137 Members of the Planning Board: As homeowners on the 1CWW waterfront within 500 feet of Marker 137, we, the undersigned residents, request that the NHC Planning Board deny this special use permit. While we acknowledge the history and the passion behind this request, we cannot imagine approving the wishes of one property owner to create a business venue in a residential area over the wishes of the many nearby property owners who have worked very hard to live in a quiet, residential, "Mother Nature" venue! One recent buyer here has stated he was very disappointed when he found out about Marker 137 after his purchase. And yes, sometimes the music is pleasant, but at other times it has been crude and loud, and continued past 10 PM. There is also typically a DJ or MC involved, adding a lot of enthusiastic "yelling" over the microphone. (One of our neighbors leaves town every time there's an event due to the noise.) This is certainly NOT in harmony with the area we chose for our lifetime home. Also the 12 to 16 weekends per year that are good for outdoor weddings are our best weekends to be outside, possibly with family and €riends, and with our own preferences for entertainment. (Music travels extremely well across water...) And this is VERY DIFFERENT from a property owner hosting a private party or family reunion, since it adds up to 16 (much larger on average) events per year from just one property. In addition to noise & frequency concerns, we are also concerned about the safety of the location in case of an emergency. On the website theknot.com, Marker 137 lists their guest capacity as "up to 300 ". There is certainly not sufficient parking for 300 on this site, and if there was some sort of emergency event that required access or evacuation, the logistics of this would be difficult at best on this single access site. In summary, please deny this permit request by one homeowner in favor of the many homeowners near Marker 137 who have sacrificed greatly to own their own quiet "piece of heaven ", hopefully for many, many years to come. Your consideration is greatly appreciated. Respectfully, Signature: L�.�i�� c_� ,r r Printed Name: X WAW Street Address: i t ►. Wilmington, NC 28409 Phone # &/or Email (optional): Board of Commissioners - September 8, 2020 ITEM: 9 - 11 - 5 August 1, 2020 New Hanover County Planning Board Planning and Inspections Department 230 Government Center Drive, Suite 110 Wilmington, North Carolina 28403 RE: Special Use Permit for Marker 137 Members of the Planning Board: As homeowners on the ICWW waterfront within 500 feet of Marker 137, we, the undersigned residents, request that the NHC Planning Board deny this special use permit. While we acknowledge the history and the passion behind this request, we cannot imagine approving the wishes of one property owner to create a business venue in a residential area over the wishes of the many nearby property owners who have worked very hard to live in a quiet, residential, "Mother Nature" venue! One recent buyer here has stated he was very disappointed when he found out about Marker 137 after his purchase. And yes, sometimes the music is pleasant, but at other times it has been crude and loud, and continued past 10 PM. There is also typically a DJ or MC involved, adding a lot of enthusiastic "yelling" over the microphone. (One of our neighbors leaves town every time there's an event due to the noise.) This is certainly NOT in harmony with the area we chose for our lifetime home. Also the 12 to 16 weekends per year that are good for outdoor weddings are our best weekends to be outside, possibly with family and friends, and with our own preferences for entertainment. (Music travels extremely well across water...} And this is VERY DIFFERENT from a property owner hosting a private party or family reunion, since it adds up to 16 (much larger on average) events per year from just one property. In addition to noise & frequency concerns, we are also concerned about the safety of the location in case of an emergency, On the website theknot.com, Marker 137 lists their guest capacity as "up to 300". There is certainly not sufficient parking for 300 on this site, and if there was some sort of emergency event that required access or evacuation, the logistics of this would be difficult at best on this single access site. In summary, please deny this permit request by one homeowner in favor of the many homeowners near Marker 137 who have sacrificed greatly to awn their own quiet "piece of heaven", hopefully for many, many years to come. Your consideration is greatly appreciated. Respectfully, Signature: Printed Name: Alan and Debbie Brown Street Address 184 Sound View Dr Wilmington, NC 28409 Phone # Wor Email (optional): Alan brownQ- surgilum. corn Board of Commissioners - September 8, 2020 ITEM: 9 - 11 - 6 August 1, 2020 New Hanover County Planning Board Planning and inspections Department 230 Government Center Drive, Suite 110 Wilmington, North Carolina 28403 RE: Special Use Permit for Marker 137 Members of the Planning Board: As homeowners on the iCWW waterfront within 500 feet of Marker 137, we, the undersigned residents, request that the NHC Planning Board deny this special use permit. While we acknowledge the history and the passion behind this request, we cannot imagine approving the wishes of one property owner to create a business venue in a residential area over the wishes of the many nearby property owners who have worked very hard to live in a quiet, residential, "Mother Nature„ venue! One recent buyer here has stated he was very disappointed when he found out about Marker 137 after his purchase. And yes, sometimes the music is pleasant, but at other times it has been crude and loud, and continued past 10 PM. There is also typically a DJ or MC involved, adding a lot of enthusiastic "yelling" over the microphone. (One of our neighbors leaves town every time there's an event due to the noise.) This is certainly NOT in harmony with the area we chose for our lifetime home. Also the 12 to 16 weekends per year that are good for outdoor weddings are our best weekends to be outside, possibly with family and friends, and with our own preferences for entertainment. (Music travels extremely well across water...) And this is VERY DIFFERENT from a property owner hosting a private party or family reunion, since it adds up to 16 (much larger on average) events per year from just one property. In addition to noise & frequency concerns, we are also concerned about the safety of the location in case of an emergency. On the website theknot.com, Marker 137 lists their guest capacity as "up to 300". There is certainly not sufficient parking for 300 on this site, and if there was some sort of emergency event that required access or evacuation, the logistics of this would be difficult at best on this single access site. In summary, please deny this permit request by one homeowner in favor of the many homeowners near Marker 137 who have sacrificed greatly to own their own quiet "piece of heaven", hopefully for many, many years to come. Your consideration is greatly appreciated. Respectfully, Sianature: Printed Name: Cqe'OIZ6 :-7 A40 VAA SiM L( C�64VZAVa4iE- Street Address: 9 ,;�, 2ELie,4W POwt -ko D Wilmington, NC 28409 Phone # Wor Email (optional)_ 210 — S-/7 Board of Commissioners - September 8, 2020 ITEM: 9 - 11 - 7 August 1, 2020 New Hanover County Planning Board Planning and Inspections Department 230 Government Center drive, Suite 110 Wilmington, North Carolina 28403 RE: Special Use Permit for Marker 137 Members of the Planning Board: As homeowners on the ICWW waterfront within 500 feet of Marker 137, we, the undersigned residents, request that the NHC Planning Board deny this special use permit. While we acknowledge the history and the passion behind this request, we cannot imagine approving the wishes of one property owner to create a business venue in a residential area over the wishes of the many nearby property owners who have worked very hard to live in a quiet, residential, "Mother Nature" venue! One recent buyer here has stated he was very disappointed when he found out about Marker 137 after his purchase. And yes, sometimes the music is pleasant, but at other times it has been crude and loud, and continued past 10 PM. There is also typically a DJ or MC involved, adding a lot of enthusiastic "yelling" over the microphone. (One of our neighbors leaves town every time there's an event due to the noise.) This is certainly NOT in harmony with the area we chose for our lifetime home. Also the 12 to 16 weekends per year that are good for outdoor weddings are our best weekends to be outside, possibly with family and friends, and with our own preferences for entertainment. (Music travels extremely well across water...) And this is VERY DIFFERENT from a property owner hosting a private party or family reunion, since it adds up to 16 (much larger on average) events per year from just one property. In addition to noise & frequency concerns, we are also concerned about the safety of the location in case of an emergency. On the website theknot.com, Marker 137 lists their guest capacity as "up to 300 ". There is certainly not sufficient parking for 300 on this site, and if there was some sort of emergency event that required access or evacuation, the logistics of this would be difficult at best on this single access site. In summary, please deny this permit request by one homeowner in favor of the many homeowners near Marker 137 who have sacrificed greatly to own their own quiet "piece of heaven ", hopefully for many, many years to come. Your consideration is greatly appreciated. Respectfully, Signature: ; rf,.. Printed Name: Cl- ft Street Address: 9 Wilmington, NC 28409 Phone # &/or Email (optional): Board of Commissioners - September 8, 2020 ITEM: 9 - 11 - 8 August 1, 2020 New Hanover County Planning Board Planning and inspections Department 230 Government Center Drive, Suite 110 Wilmington, North Carolina 28403 RE: Special Use Permit for Marker 137 Members of the Planning Board: As homeowners on the ICWW waterfront within 500 feet of Marker 137, we, the undersigned residents, request that the NHC Planning Board deny this special use permit. While we acknowledge the history and the passion behind this request, we cannot imagine approving the wishes of one property owner to create a business venue in a residential area over the wishes of the many nearby property owners who have worked very hard to live in a quiet, residential, "Mother Nature„ venue! One recent buyer here has stated he was very disappointed when he found out about Marker 137 after his purchase. And yes, sometimes the music is pleasant, but at other times it has been crude and loud, and continued past 10 PM. There is also typically a DJ or MC involved, adding a lot of enthusiastic "yelling" over the microphone. (One of our neighbors leaves town every time there's an event due to the noise.) This is certainly NOT in harmony with the area we chose for our lifetime home. Also the 12 to 16 weekends per year that are good for outdoor weddings are our best weekends to be outside, possibly with family and friends, and with our own preferences for entertainment. (Music travels extremely well across water...) And this is VERY DIFFERENT from a property owner hosting a private party or family reunion, since it adds up to 16 (much larger on average) events per year from just one property. In addition to noise & frequency concerns, we are also concerned about the safety of the location in case of an emergency. On the website theknot.com, Marker 137 lists their guest capacity as "up to 300 ". There is certainly not sufficient parking for 300 on this site, and if there was some sort of emergency event that required access or evacuation, the logistics of this would be difficult at best on this single access site_ In summary, please deny this permit request by one homeowner in favor of the many homeowners near Marker 137 who have sacrificed greatly to own their own quiet "piece of heaven, hopefully for many, many years to come. Your consideration is greatly appreciated. Respectfully, Signature: Printed Name: Z, -„ -011( �2.; Wilmington, NC 28409 Phone # Wor Email (optional): A 14f�� • cn.v� Board of Commissioners - September 8, 2020 ITEM: 9 - 11 - 9 August 1, 2020 New Hanover County Planning Board Planning and Inspections Department 230 Government Center Drive, Suite 110 Wilmington, North Carolina 28403 RE: Special Use Permit for Marker 137 Members of the Planning Board: As homeowners on the 1CWW waterfront within 500 feet of Marker 137, we, the undersigned residents, request that the NHC Planning Board deny this special use permit. While we acknowledge the history and the passion behind this request, we cannot imagine approving the wishes of one property owner to create a business venue in a residential area over the wishes of the many nearby property owners who have worked very hard to live in a quiet, residential, "Mother Nature" Venue! One recent buyer here has stated he was very disappointed when he found out about Marker 137 after his purchase. And yes, sometimes the music is pleasant, but at other times it has been crude and loud, and continued past 10 PM. There is also typically a DJ or MC involved, adding a lot of enthusiastic "yelling" over the microphone. (One of our neighbors leaves town every time there's an event due to the noise.) This is certainly NOT in harmony with the area we chose for our lifetime home. Also the 12 to 16 weekends per year that are good for outdoor weddings are our best weekends to be outside, possibly with family and friends, and with our own preferences for entertainment. (Music travels extremely well across water...) And this is VERY DIFFERENT from a property owner hosting a private party or family reunion, since it adds up to 16 (much larger on average) events per year from just one property. In addition to noise & frequency concerns, we are also concerned about the safety of the location in case of an emergency. Can the website theknot.com, Marker 137 lists their guest capacity as "up to 300 ". There is certainly not sufficient parking for 300 on this site, and if there was some sort of emergency event that required access or evacuation, the logistics of this would be difficult at best on this single access site. In summary, please deny this permit request by one homeowner in favor of the many homeowners near Marker 137 who have sacrificed greatly to own their own quiet "piece of heaven ", hopefully for many, many years to come. Your consideration is greatly appreciated. Respectfully, Wilmington, NC 28409 Phone # &/or Email (optional): `i* ��a �ie�iry� I Coo*- Board of Commissioners - September 8, 2020 ITEM: 9 - 11 - 10 August 1, 2020 New Hanover County Planning Board Planning and Inspections Department 230 Government Center Drive, Suite 110 Wilmington, North Carolina 28403 RE: Special Use Permit for Marker 137 Members of the Planning Board: As homeowners on the ICWW waterfront within 500 feet of Marker 137, we, the undersigned residents, request that the NHC Planning Board deny this special use permit. While we acknowledge the history and the passion behind this request, we cannot imagine approving the wishes of one property owner to create a business venue in a residential area over the wishes of the many nearby property owners who have worked very hard to live in a quiet, residential, "Mother Nature" venue! One recent buyer here has stated he was very disappointed when he found out about Marker 137 after his purchase. And yes, sometimes the music is pleasant, but at other times it has been crude and loud, and continued past 10 PM. There is also typically a DJ or MC involved, adding a lot of enthusiastic "yelling" over the microphone. (One of our neighbors leaves town every time there's an event due to the noise.) This is certainly NOT in harmony with the area we chose for our lifetime home. Also the 12 to 16 weekends per year that are good for outdoor weddings are our best weekends to be outside, possibly with family and friends, and with our own preferences for entertainment. (Music travels extremely well across water...) And this is VERY DIFFERENT from a property owner hosting a private party or family reunion, since it adds up to 16 (much larger on average) events per year from just one property. In addition to noise & frequency concerns, we are also concerned about the safety of the location in case of an emergency. On the website theknot.com, Marker 137 lists their guest capacity as "up to 300 ". There is certainly not sufficient parking for 300 on this site, and if there was some sort of emergency event that required access or evacuation, the logistics of this would be difficult at best on this single access site. In summary, please deny this permit request by one homeowner in favor of the many homeowners near Marker 137 who have sacrificed greatly to own their own quiet "piece of heaven ", hopefully for many, many years to come. Your consideration is greatly appreciated. Respectfully, 1 We Wilmington, NC 28409 Phone # &/or Email (optional): 0 iA*mft 5�" 11T-911-02,& Board of Commissioners - September 8, 2020 ITEM: 9 - 11 - 11 From: Carolyn polstons@hotmail.com Subject: Fwd: scan Date: August 5, 2020 at 7:34 AM To: Carolyn Polston polstons @hotmail.com August 1, 2020 New Hanover County Planning Board Planning and Inspections Department 230 Government Center Drive, Suite 110 Wilmington, North Carolina 28443 RE: Special Use Permit for Marker 137 Members of the Planning Board: As homeowners on the ICWW waterfront within $00 feet of Marker 137, we, the undersigned residents, request that the NHC Planning Board deny this special use permit. While we acknowledge the history and the passion behind this request, we cannot imagine approving the wishes of one property owner to create a business venue in a residential area over the wishes of the many nearby property owners who have worked very hard to live in a quiet, residential, 'Mother Mature" venue! One recent buyer here has stated he was very disappointed when he found out about Marker 137 after his purchase. And yes, sometimes the music is pleasant, but at other times it has been crude and loud, and continued past 10 PM. There is also typically a DJ or MC involved, adding a lot of enthusiastic 'yelling" over the microphone, (One of our neighbors leaves town every time there's an event due to the noise.) This is certainly NOT in harmony with the area we chose for our lifetime home. Also the t 2 to 16 weekends per year that are good for outdoor weddings are our best weekends to be outside, possibly with family and friends, and with our own preferences for entertainment. (Music travels extremely well across water,,,) And this is VERY DIFFERENT from a property owner hosting a private party or family reunion, since it adds up to 16 (much larger on average) events pet year from just one property. In addition to noise & frequency concerns, we are also concerned about the safety of the location in case of an emergency. On the wabsite theknot.corn, Marker 137 lists their guest capacity as "up to 300° There is certainly not sufficient parking for 300 on this site, and if there was some sort of emergency event that required access or evacuation, the logistics of this would be difficult at best on this single access site. In summary, please deny this permit request by one homeowner in favor of the many homeowners near Marker 137 who have sacrificed greatly to own their own quiet 'piece of heaven ", hopefully for many, many years to come. Your consideration is greatly appreciated. Respectfully, Street Address: j poG,M 490i"VT gallo Wilmington, MC 28409 q10 916 7lttS CLAL)RsFA)o Fc . jeP-- Board of Commissioners - September 8, 2020 ITEM: 9 - 11 - 12 :s NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 9/8/2020 Regular DEPARTMENT: Planning PRESENTER(S): Rebekah Roth, Senior Planner CONTACT(S): Rebekah Roth and Wayne Clark, Planning and Land Use Director SUBJECT: Public Hearing Text Amendment Request (TA20 -01) - Request by New Hanover County to Amend Articles 1, 2, 3, 4, 5, and 10 of the Unified Development Ordinance to Simplify the Method of Measuring the Height of Structures; Increase Height Maximums for Buildings in the RMF -MH, RMF -H, O &I, and 1 -1 Districts; Revise the Planned Development District; Clarify Lighting Standards; Establish New Design Standards for Self- Storage Facilities in High - Visibility Areas; Update Telecommunication Facility Standards; Correct Minor Errors Made When Reorganizing Code Documents; and Clarify Existing Permissions BRIEF SUMMARY: This amendment consists of a variety of code improvements intended to clarify existing policies and modernize outdated code provisions, including: 1. Administrative Corrections and Clarifications to Existing Standards a. Clarification of existing lighting standards intended to limit light spillover onto adjacent properties b. Clarification of current code provisions for when attached housing types are allowed and when recreational vehicles can be used as dwellings c. Corrections to minor errors made in adapting new districts and transferring provisions from the Zoning Ordinance into the Unified Development Ordinance format 2. Modifications for Legal Compliance a. Updates to ensure telecommunication facility standards are consistent with current state law b. Revisions to the definition of the term "boat" and standards for storage of small watercraft resulting from a decision on a county Board of Adjustment appeals case 3. Changes to Modernize and Update Provisions a. A simplification of the method for measuring the height of structures b. Incremental increases to height maximums for structures in the RMF -MH, RMF -H, 0&1, and 1 -2 districts to accommodate changes in construction standards and market demand c. Revisions to the Planned Development (PD) district intended to support more innovative projects that can be appropriate in both suburban and rural areas of the county d. New design standards for self- storage facilities in high - visibility areas In February 2020, the New Hanover County Unified Development Ordinance (U DO) was adopted, consolidating five existing development codes into one unified format. Since that time, Planning staff has worked with the project's consulting team, Clarion, to identify and prepare the amendments needed to close out the project. The final amendments associated with the U DO Project include adjustments to tree retention and open space requirements, infill compatibility measures, and updates to technical standards, such as parking and landscaping. These items are anticipated to be on the Board of Commissioners' November 16, 2020 agenda. At their August 6, 2020 meeting, the Planning Board recommended approval (6 -0) of the proposed amendment. Board member Jordy Rawl was absent. Board of Commissioners - September 8, 2020 ITEM: 10 At the August Planning Board meeting, one person spoke in favor of the amendment, and two people - a resident of Bald Eagle Lane and an attorney representing a group of homeowners on that road - spoke in opposition to one of the legal compliance portions of the amendment. They expressed concerns regarding the revised definition of the term "boat" and standards for storage of small watercraft. These individuals were involved in the original Board of Adjustment appeal and Superior Court decision which identified that our definition of "boat" required that any stacking of smaller watercraft, such as kayaks, paddleboards, and canoes, be considered the same as dry stack boat storage facilities, which are only allowed for commercial sites. As a consequence, common kayak /paddleboard racks, which provide for stacking of 2 -3 layers of watercraft, are technically not legal to have in a residential back yard. The Planning Board determined that the proposed amendment corrects the unintended consequence of the current definition and still addresses the request the Bald Eagle Lane residents made at the public hearing that a special use permit be required to add any small watercraft storage to the existing nonconforming community boating facilities on Bald Eagle Lane. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff concurs with the Planning Board's recommendation and recommends approval of the proposed amendment and suggests the following motion: I move to APPROVE the proposed amendment to the New Hanover County Unified Development Ordinance that clarifies current provisions, maintains consistency with legal requirements, modifies height measurements and maximums, adds flexibility for planned development projects, and outlines appropriate standards for self- storage facilities and small watercraft storage. I find it to be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it provides up -to -date zoning tools that reflect the plan's recommended place types and development patterns. I also find APPROVAL of the proposed amendment reasonable and in the public interest because it clarifies current practices in the county's development regulations for stakeholders and code users and allows for development appropriate in suburban communities common in New Hanover County. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as presented by staff. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - September 8, 2020 ITEM: 10 SCRIPT for Unified Development Ordinance Text Amendment (TA20 -01) Request by New Hanover County to amend Articles 1, 2, 3, 4, 5, and 10 of the Unified Development Ordinance to simplify the method of measuring the height of structures; increase height maximums for buildings in the RMF -MH, RMF -H, 0&1, and 1 -1 districts; revise the Planned Development district; clarify lighting standards; establish new design standards for self- storage facilities in high - visibility areas; update telecommunication facility standards; correct minor errors made when reorganizing code documents; and clarify existing permissions. 1. This is a public hearing. We will hear a presentation from staff. Then any supporters and any opponents will each be allowed 15 minutes for their presentations and an additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff /Applicant presentation b. Supporters' presentation(s) (up to 15 minutes) c. Opponents' presentation(s) (up to 15 minutes) d. Applicant's rebuttal (up to 5 minutes) e. Opponents' rebuttal (up to 5 minutes) 3. Close the public hearing 4. Board discussion 5. Vote on amendment. 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: Staff recommends approval of the proposed amendment and suggests the following motion: I move to APPROVE the proposed amendment to the New Hanover County Unified Development Ordinance that clarifies current provisions, maintains consistency with legal requirements, modifies height measurements and maximums, adds flexibility for planned development projects, and outlines appropriate standards for self- storage facilities and small watercraft storage. I find it to be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it provides up -to- date zoning tools that reflect the plan's recommended place types and development patterns. I also find APPROVAL of the proposed reorganized code reasonable and in the public interest because it clarifies the current practices in the county's development regulations for stakeholders and code users and allows for development appropriate in suburban communities common in New Hanover County. Alternative Motion for Approval /Denial: I move to [Approve /Deny] the proposed amendment to the New Hanover County Unified Development Ordinance that clarifies provisions, maintains consistency with legal requirements, modifies height measurements and maximums, adds flexibility for planned development projects, and outlines appropriate standards for self- storage facilities and small watercraft 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 proposed amendment is reasonable and in the public interest because [insert reasons] Board of Commissioners - September 8, 2020 ITEM: 10- 1 - 1 STAFF REPORT FOR TA20 -01 TEXT AMENDMENT APPLICATION APPLICATION SUMMARY Case Number: TA20 -01 Request: To amend Articles 1, 2, 3, 4, 5, and 10 of the Unified Development Ordinance to simplify the method of measuring the height of structures; increase height maximums for buildings in the RMF -MH, RMF -H, O &I, and 1 -1 districts; revise the Planned Development district; clarify lighting standards; establish new design standards for self- storage facilities in high - visibility areas; update telecommunication facility standards; correct minor errors made when reorganizing code documents; and clarify existing permissions. Applicant: Subject Ordinances: New Hanover County Unified Development Ordinance Purpose & Intent This amendment is one of the final ordinance changes associated with the Unified Development Ordinance code update project and consists of a variety of amendments intended to clarify existing policies and modernize outdated code provisions, including: 1 . Administrative Corrections and Clarifications to Existing Standards a. Clarification of existing lighting standards intended to limit light spillover onto adjacent properties b. Clarification of current code provisions for when attached housing types are allowed and when recreational vehicles can be used as dwellings c. Corrections to minor errors made in adapting new districts and transferring provisions from the Zoning Ordinance into the Unified Development Ordinance format 2. Modifications for Legal Compliance a. Updates to ensure telecommunication facility standards are consistent with current state law b. Revisions to the definition of the term "boat" and standards for storage of small watercraft resulting from a decision on a county Board of Adjustment appeals case 3. Changes to Modernize and Update Provisions a. A simplification of the method for measuring the height of structures b. Incremental increases to height maximums for structures in the RMF -MH, RMF -H, 0&1, and 1 -2 districts to accommodate changes in construction standards and market demand c. Revisions to the Planned Development (PD) district intended to support more innovative projects that can be appropriate in both suburban and rural areas of the county d. New design standards for self- storage facilities in high - visibility areas TA20 -01 Staff Report BOC 9.8.2020 Board of Commissioners - September 8, 2020 ITEM: 10- 2 - 1 Page 1 of 9 BACKGROUND In February 2020, the New Hanover County Unified Development Ordinance (UDO) was adopted, consolidating five existing development codes into one unified format. Since that time, Planning staff has worked with the project's consulting team, Clarion, to identify and prepare the amendments needed to close out the project. This request consists of a variety of amendments intended to clarify existing policies and modernize outdated code provisions. The primary future amendment that will bring this project to a close is the revised tree retention standards, as directed by the Board of Commissioners, though additional amendments are being drafted for consideration, such as neighborhood compatibility standards and updates to buffering requirements and setbacks. 1. ADMINISTRATIVE CORRECTIONS & CLARIFICATIONS OF EXISTING STANDARDS a. Site Lighting Clarification The Unified Development Ordinance currently has provisions in place that require site lighting associated with commercial, mixed use, and multi - family development to only illuminate the development and not shine on or spill over onto adjacent residential properties. However, the language is unclear and has resulted in enforcement issues and differing interpretations of whether the standard has been met. This amendment clarifies these standards by outlining specific limits on the amount of lighting allowed to spill over onto abutting residential and commercial properties and when these provisions apply. It is not intended to change existing regulations but to replace vague language with specific standards to assist with site design and review. Site designers and lighting designers with Duke Energy have reviewed the provisions to confirm standards are reasonable and do not create practical difficulties. b. Housekeeping Items to Clarify Provisions As mentioned during the consideration of the reorganized Unified Development Ordinance document, staff anticipated that some clarifications and "housekeeping" items would be included in future text amendments to ensure that current provisions were clear and to correct any transfer errors that may have occurred during the reorganization of code language into the over 400 -page UDO document. This proposed amendment addresses each of these items, continuing the work to reorganize the county codes into one unified format. One of the primary goals of the reorganization of existing codes into a Unified Development Ordinance document was to clearly articulate how provisions have historically been interpreted to make sure all users of the document had a common understanding of what is allowed and not allowed. As staff has used the reorganized document to review development requests and answer property owners' questions over the past five months, we have found that some provisions are not as clear as we had hoped they would be. To address these provisions, this amendment includes provisions specifying that: 1 . Attached housing styles are only allowed as part of a performance residential development in the R -20, R -15, R -10, and R -7 zoning districts. Because some Zoning Ordinance users were not aware that townhomes and multi - family dwellings were possible in these districts based on historic interpretations of code provisions, each housing type is now listed separately in the Unified Development Ordinance's Principal Use Table. This amendment adds additional language to their use - specific standards to further clarify that they are only TA20 -01 Staff Report BOC 9.8.2020 Page 2 of 9 Board of Commissioners - September 8, 2020 ITEM: 10- 2 - 2 permitted as part of a performance development, which applies density maximums, and cannot be built on a single lot. 2. Use of recreational vehicles or travel trailers as dwellings is only allowed in a Ca mpg round/RecreationaI Vehicle Park. This provision is currently located in the use - specific standards for Cam pground/RecreationaI Vehicle Park uses, and the proposed amendment adds the provision in the Accessory Use standards where it is more visible for ordinance users and clarifies that it does not prohibit parking of RVs or their use as Temporary Relocation Housing after a declared State of Emergency (such as Hurricane Florence). 3. A row of more than four townhomes (row -style dwellings) is not allowed in the R -5 district. This district was limited to no more than four dwelling units in a structure when it was initially adopted, which was no longer clear once quadraplex and row -style dwelling types were separated during the reorganization. c. Housekeeping Items to Correct Minor Transfer Errors As mentioned above, staff anticipated that it was possible that unintentional errors might be made when transferring provisions into the Unified Development Ordinance format. Since February, staff has found during regular use of this document that some existing requirements were inadvertently not included in the transfer of zoning provisions. As a result, this amendment includes the following provisions: Special use permits for single - family dwellings, including mobile homes, do not require Planning Board review prior to the Board of Commissioners hearing and decision. This provision, which currently only applies to mobile homes in the RA, 1 -1, and 1 -2 districts, was originally adopted in 1990 to reduce the administrative burden for applicants for this small - scale, relatively non - complex use. While the sentence providing this process exception is outlined on application documents for special use permits, it is not currently articulated in the Unified Development Ordinance. 2. Freestanding sign standards for the Community Business (CB) district are the same as for the Neighborhood Business (B -1 ) district, while the standards for the Commercial Services (CS) district are the same as for the Regional Business (B -2), Light Industrial (1 -1 ), Heavy Industrial (1 -2), Airport Commerce (AC), and Shopping Center (SC) districts. These provisions were not included when the new districts were initially adopted. 3. Landscaping standards included in the Zoning Ordinance that were inadvertently not included in the reorganized document were added back. 2. MODIFICATIONS FOR LEGAL COMPLIANCE a. Uodate of Telecommunication Facilitv Standards The use - specific standards for telecommunication facilities, including antennas and wireless towers, has not been updated for several years and was no longer consistent with some provisions of state law (Session Law 2013 -185). This amendment revises terms, definitions, and standards to ensure that our code language is aligned with those legal requirements. While some provisions, such as the terms and their definitions have no effect on current requirements, there are some changes. The state law currently sets the threshold for substantial modifications at a 10% alteration, while our ordinance currently allows a 15% alteration. This has been modified in the proposed amendment TA20 -01 Staff Report BOC 9.8.2020 Page 3 of 9 Board of Commissioners - September 8, 2020 ITEM: 10- 2 - 3 to be consistent with the state requirements, which we already must follow. In addition, the amended standards require a special use permit to approve a major modification to a nonconforming tower (requiring Board of Commissioner approval) rather than a variance (Board of Adjustment approval) to be consistent with other approval provisions. b. Revisions to Boat and Small Water Craft Storage Provisions An early draft of the Unified Development Ordinance document included a definition of the term "boat" that removed references to small watercraft, such as kayaks and canoes. A legal ruling in a development appeals case made early in the UDO project process modified the way boat - related uses are interpreted in our ordinance. After an appeal of a Board of Adjustment case made by a group of residents living along Bald Eagle Lane regarding two community boating facilities' ability to install kayak racks, a Superior Court judge ruled in 2017 that because the definition of "boat" in the county code included watercraft of any size, stacked storage racks for kayaks, canoes, or similar watercraft were equivalent to dry stack boat storage facilities, a use only allowed in commercial and industrial districts. As a result, multiple properties, including the Pages Creek Park Preserve, that have been developed over the past several years have not been allowed to install kayak racks that provide for the stacking of 2 -3 layers of watercraft. These types of small watercraft storage are also not technically legal to have in a residential back yard, though storage designs that allow for unstacked storage (i.e. stored vertically or lying flat), such as those shown in Figure 2 below, are possible in any location. Figure 1: Typical Dry Dock Boat Storage vs. Typical Small Watercraft Storage P s� s Figure 2: Types of Permitted Unstacked Small Watercraft Storage (not covered by court order) TA20 -01 Staff Report BOC 9.8.2020 Page 4 of 9 Board of Commissioners - September 8, 2020 ITEM: 10- 2 - 4 Removing small watercraft from the definition of "boat" to correct the unintended consequences of the definition, however, would have allowed kayak racks and other accessory watercraft storage on the community boating facility properties that were the focus of the appeals case with solely staff review. Based on concerns regarding safety during storm events and the number of vehicles such structures could generate voiced by a representative of the group of Bald Eagle Lane residents at the December 5, 2019 Planning Board meeting, the Planning Board requested that staff work with interested stakeholders to develop a clear definition for "boat" and standards for personal watercraft storage that would mitigate those impacts. The proposed amendment includes two components: • New definitions for "boat" and "small watercraft" that differentiate them based on size, launching method, etc. and • Clear accessory use standards for small watercraft storage structures associated with community boating facilities and outdoor recreation uses, the uses most likely to be associated with larger number of kayaks and users. These standards cover the concerns regarding building code compliance, safety, and parking voiced by the Bald Eagle Lane representative at the December 2019 Planning Board meeting by requiring that: o Storage structures be reviewed for compliance with the N. C. Building Code to determine anchoring requirements (required because community boating facilities and outdoor recreation facilities are considered commercial uses) o Watercraft would have to be removed if hurricanes were imminent, and o Additional parking (one automobile space for every four watercraft) would be required for outdoor recreation establishments and for community boating facilities not adjacent to the residential properties they serve. It also addresses potential site - specific impacts that could be associated with small watercraft storage in conjunction with community boating facilities, like the two along Bald Eagle Lane, that were established prior to the current requirement of a special use permit. It specifies that adding accessory small watercraft storage to a nonconforming use is not something staff can approve administratively and would only be allowed with a special use permit. The county currently has about 5 community boating facilities that were established prior to 1992 when special use permits were first required by the county. Because some of these facilities may have provided for small watercraft storage historically, the addition of such structures is not necessarily an extension of a nonconforming use (one that was in existence prior to our current ordinance), but that determination would need to be made, along with considerations regarding potential impacts, based on the scope of each request and the specific circumstances of the property. The special use permit process provides a clear way for that determination and consideration to be made by the Board of Commissioners. This requirement, however, was designed so that owners of existing legal nonconforming community boating facilities or outdoor recreation establishments will not lose existing permissions as the result of requesting small watercraft storage. TA20 -01 Staff Report BOC 9.8.2020 Board of Commissioners - September 8, 2020 ITEM: 10- 2 - 5 Page 5 of 9 3. CHANGES TO MODERNIZE & UPDATE PROVISIONS Building Height Modifications The first amendment includes a simplification of the way the height of structures is measured and incremental increases to the maximum height allowed for structures in the RMF -MH, RMF -H, O &I, and 1 -1 districts. a. Simplification of Height Measurement The current method of measuring the height of Gable Roof Gambrel Roof Flat Roof structures has proven over - __�__- - - - - -- -- time to be difficult to - -- - - -- m interpret and administer, and the intent of this amendment is [ ] m to clarify provisions so they °° - IFI� are easier to apply but still consistent with the North Carolina Building Code. Figure 3: Proposed Graphic Illustrating Measurement The proposed measurement would no longer require calculation of the "main" roof as based on the building's design and includes provisions for flat and gambrel roof types. b. Incremental Increase to Building Heights in Selected Districts Provisions to increase the maximum height of structures in four zoning districts districts (RMF -MH, RMF -H, 0&1, and I -1): RMF -MH and RMF -H are the two higher density multi - family districts incorporated into the county's ordinances last summer. Height in these districts is currently limited to 3 stories, with a maximum of 45 feet. The RMF -MH district allows up to 25 dwelling units per acre, and the RMF -H district allows up to 36 dwelling units per acre. These levels of density make a need for four -story buildings more likely, and increasing the maximum height allowed in these districts would allow for a building type — multi - family structures with an elevator —that could increase the housing access for older residents or those who have difficulty climbing stairs. Neither of these districts is currently applied to any properties within the unincorporated county, so the Planning Board and Board of Commissioners would be able to fully consider the height of individual projects under these standards if a rezoning were requested. This amendment also includes raising the maximum height for non - residential structures in the 0&1 district to 52 feet to allow for mixed use buildings and office buildings, given changes to the North Carolina Building Code that require more equipment space between stories and market preference for higher first -floor ceilings. The height in the 1 -1 district, where office buildings are also likely, is raised to a 45 -foot maximum. The intent is to allow developments to build the same number of stories (generally four) that were possible when the height limits were originally established but that are now difficult to achieve under current building standards. While these height increases will apply to existing properties with these zoning designations, current setback and buffering provisions, which are based on building height, limit potential impacts to adjacent residential properties. TA20 -01 Staff Report BOC 9.8.2020 Board of Commissioners - September 8, 2020 ITEM: 10- 2 - 6 Page 6 of 9 c. Planned Development (PD) District Revisions The intent of this amendment is to increase the flexibility of the Planned Development district provisions to encourage innovative projects that are appropriate throughout the different communities in the unincorporated county. Current provisions include standards for setbacks that actually provide less flexibility than allowed in other districts through the performance residential option. Also, the base PD density (4.25 units per acre) is currently set lower than the Comprehensive Plan outlines for several place types. Additional density is currently allowed based on a point system originally adopted in 1984 intended to incentivize quality development and community benefits through density bonuses. That point system, though, is one - size - fits -all with the same development features, such as docks and bus shelters, shown as desirable regardless of the project location or needs of the surrounding community. In addition, they are not consistently aligned with the development priorities outlined in the current 2016 Comprehensive Plan. Rather than using a density bonus point system, which is a dated model and a strategy most often effective when the places where it is applied have consistent needs and their costs and benefits are easier to calculate, our consulting firm has recommended a more flexible planned development strategy as best practice. This method sets up general parameters for density and dimensional requirements but allows the Master Development Plan proposed as part of the initial rezoning to outline specific provisions for the project within that basic framework. Proposed projects would have to demonstrate the benefits to the surrounding community that warrant this flexibility, providing, for instance, features such as increased roadway or pedestrian connections, workforce housing, or habitat preservation, depending on the needs of the particular location of the planned development. This amendment also includes clear provisions on how existing planned developments maintain their existing approvals and the process for major modifications if they are requested. d. Self - Storage Facility Design Standards Demand for self- storage facilities in New Hanover County remains strong as they are associated with smaller lot residential developments, "downsizing" of homes, and restrictive covenants against storage buildings common in coastal areas due to state impervious surface limits. These uses are allowed by -right in seven zoning districts, including the most common commercial district, B -2, which often lines high - visibility roadway corridors and is applied to properties at larger commercial nodes like Monkey Junction and Porters Neck. Over the past several years, self- storage or mini - warehouse facilities requested as part of conditional zoning districts have been approved subject to conditions regarding building and site design to mitigate concerns of community residents. However, projects built by -right are not subject to similar considerations, and residents and board members have asked for additional requirements to limit features like metal buildings and bright colors from being visible from roadways and adjacent residential properties. This amendment is intended to require design standards commonly applied during conditional zoning approvals for facilities in higher visibility locations, namely the B -2 district and any other districts along College Road, Market Street, Carolina Beach Road, and Castle Hayne Road. Projects in industrial areas would not be subject to the same requirements. The proposed design standards include the limitations on metal buildings and bright colors along with requirements that buildings adjacent to roadways or residential properties be appropriately screened and designed to look like office buildings. This amendment will also allow for accessory TA20 -01 Staff Report BOC 9.8.2020 Page 7 of 9 Board of Commissioners - September 8, 2020 ITEM: 10- 2 - 7 storage of boats and recreational vehicles, as demand is increasing for these services, which are commonly seen as accessory uses in these types of facilities. However, it establishes standards to limit the visibility of those areas from adjacent properties. PROPOSED AMENDMENT The proposed text amendment is attached, with red italics indicating new language and strikethreuo indicating provisions that are removed. PLANNING BOARD ACTION The Planning Board considered this request at their August 6, 2020 meeting. One person spoke in favor of the amendment, and two people —a resident of Bald Eagle Lane and an attorney representing a group of homeowners on that road —spoke in opposition to one of the boat - related legal compliance portion of the amendment. After discussion, the Planning Board determined that the proposed amendment addresses their request that a special use permit be required to add any small watercraft storage to the nonconforming community boating facilities on Bald Eagle Lane. The Board recommended approval of the request (6 -0), with Board member Jordy Rawl absent. They found the application to be: CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it provides up -to -date zoning tools that reflect the plan's recommended place types and development patterns. The Planning Board also found APPROVAL of the proposed amendment reasonable and in the public interest because it clarifies current practices in the county's development regulations for stakeholders and code users and allows for development appropriate in suburban communities common in New Hanover County. STAFF RECOMMENDATION Staff concurs with the Planning Board's recommendation and recommends approval of the requested amendment and suggests the following motion: I move to APPROVE the proposed amendment to the New Hanover County Unified Development Ordinance that clarifies current provisions, maintains consistency with legal requirements, modifies height measurements and maximums, adds flexibility for planned development projects, and outlines appropriate standards for self- storage facilities and small watercraft storage. I find it to be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it provides up -to -date zoning tools that reflect the plan's recommended place types and development patterns. I also find APPROVAL of the proposed amendment reasonable and in the public interest because it clarifies current practices in the county's development regulations for stakeholders and code users and allows for development appropriate in suburban communities common in New Hanover County. TA20 -01 Staff Report BOC 9.8.2020 Board of Commissioners - September 8, 2020 ITEM: 10- 2 - 8 Page 8 of 9 Subject Articles and Sections Article 1: General Provisions • Section 1.7: Transitional Provisions Article 2: Measurements and Definitions • Section 2.1: Measurements • Section 2.3: Definitions and Terms Article 3: Zoning Districts • Section 3.2: Residential Zoning Districts • Section 3.3: Mixed Use Zoning Districts o Section 3.3.7: Planned Development (PD) District • Section 3.4: Commercial and Industrial Districts Article 4: Uses and Use - Specific Standards • Section 4.2: Allocation of Principal Uses o Section 4.2.1: Principal Use Permissions • Section 4.3: Standards for Specified Principal Uses • Section 4.3.2: Residential Uses • Section 4.3.3: Civic & Institutional Uses • Section 4.3.4: Commercial Uses • Section 4.4: Accessory Use and Structure Standards • Section 4.4.3: Permissions for Specified Accessory Uses and Structures • Section 4.4.4: Standards for Specified Accessory Uses and Structures Article 5: General Development Standards • Section 5.4: Landscaping and Buffering • Section 5.4.4: Transitional Buffers • Section 5.4.6: Parking Lots • Section 5.4.7: Street Yards • Section 5.5: Exterior Lighting • Section 5.6: Signs o Section 5.6.2: General Provisions Article 10: Administrative Procedures • Section 10.3: Application- Specific Procedures • Section 10.3.4: Master Planned Development • Section 10.3.5: Special Use Permit TA20 -01 Staff Report BOC 9.8.2020 Board of Commissioners - September 8, 2020 ITEM: 10- 2 - 9 Page 9 of 9 2020 -09 Board of Commissioners Hearing Draft - Lighting Clarification Amendment Section 5.5 Exterior Lighting A8 site highting feF Pon residential, mixed use, oF mufti family uses shag be leGated and direGted 5.5.1 PUPOSE AND INTENT The purpose and intent of this section is to regulate exterior lighting to: A. Ensure all exterior lighting is designed and installed to maintain adequate lighting levels on site; B. Assure that excessive light spillage and glare are not directed at adjacent property, neighboring areas, or motorists; C. Provide certainty during the development review process; and D. Provide security for persons and property. 5.5.2 APPLICABILITY A. General Unless exempted by subsection B below, the standards in this section apply to: 1. All new non - residential, mixed -use, and multi - family development; 2. Any individual expansion of a building in a non - residential, mixed -use, or multi- family development if the expansions increases the building's floor area by 50 percent or more; and 3. Any expansion or alteration of a lighted outdoor area. B. Exemptions The following types of lighting are exempted from the standards of this section: 1. Lighting exempt under state or federal law; 2. FAA - mandated lighting associated with a utility tower or airport, 3. Lighting for public monument and statuary; 4. Lighting solely for signage (for signage lighting standards see Sec. 5.6.2. D, Lighting); 5. Temporary lighting for circuses, fairs, carnivals, and theatrical and other performance areas, provided such lighting is discontinued upon completion of the event or performance; 6. Temporary lighting of construction sites, provided such lighting is discontinued upon completion of the construction activity; 7. Temporary lighting for emergency situations, provided such lighting is discontinued upon abatement of the emergency situation; 8. Security lighting controlled and activated by motion sensor devices for a duration of 15 minutes or less; 1 Board of Commissioners - September 8, 2020 ITEM: 10- 3 - 1 2020 -09 Board of Commissioners Hearing Draft - Lighting Clarification Amendment 9. Underwater lighting in swimming pools, fountains, and other water features; 10. Holiday or festive lighting; and 11. Outdoor lighting fixtures that do not comply with provisions of this section on [insert effective date of this amendment]. 5.5.3 TIME OF REVIEW Information about the exterior lighting for the site that demonstrates compliance with the standards in this section shall be submitted in conjunction with an application for site plan approval (Section 10.3.6, Site Plan) or zoning compliance approval (Section 10.3.8, Zoning Compliance Approval), whichever comes first. 5.5.4 GENERAL STANDARDS A. Maximum Illumination Levels�RR11 Except for street lighting, all exterior lighting and indoor lighting visible from outside shall be designed and located so that the maximum illumination measured in foot candles at ground level at a long line (see Figure 5.5.4.8: Maximum Illumination Levels) shall not exceed the standards in Table 5.5.4.8: Maximum Illumination Levels. Maximum Type of Use Abutting Lot Line Illumination Level at Lot Line (Foot - Candles) Single family detached, two - family (duplex), triplex, and quadraplex dwellings, or vacant land in the R -20S, R -20, R -15, and R -10 zoning 0.5 districts All other residential uses and vacant land in all other Residential 1.0 districts All other uses 1 2.0 2 Board of Commissioners - September 8, 2020 ITEM: 10- 3 - 2 2020 -09 Board of Commissioners Hearing Draft - Lighting Clarification Amendment Figure 5.5.4.8: Maximum Illumination Levels 5.5.5 PROHIBITED LIGHTING The following lighting is prohibited: A. Light fixtures that imitate an official highway or traffic control light or sign; B. Light fixtures that have a flashing or intermittent pattern of illumination, except as permitted for signage in accordance with Section 5.6.2. D, Lighting; C. Exterior lighting in the Airport Residential (AR) district that does not comply with Section 3.2.5. E. 1, Lighting; D. Exterior lighting in the Airport Commerce (AC) district that does not comply with Section 3.4.9.E.2, Lighting; and E. Searchlights, except when used by federal, state, or local authorities, or where they are used to illuminate alleys, parking garages, and working (maintenance) areas, so long as they are shielded and aimed so that they do not result in lighting on any adjacent lot or public right -of -way exceeding 2.0 foot candles. 5.5.6 EXEMPTIONS FOR SAFETY REASONS A. Government facilities like parks, public safety facilities, and the like, as well as private development may submit a security plan to the Planning Director proposing exterior lighting that deviates from the standards in this section. The Planning Director shall submit the security plan to the Sheriff's Department for review and shall then approve or approve with conditions the security plan and its proposed deviation from the standards, upon finding that: 1. The proposed deviation from the standards is necessary for the adequate protection of the subject land, development, or the public. 2. The condition, location, or use of the land, or the history of activity in the area, indicates the property or any materials stored or used on it are in significantly 3 Board of Commissioners - September 8, 2020 ITEM: 10- 3 - 3 2020 -09 Board of Commissioners Hearing Draft - Lighting Clarification Amendment greater danger of theft or damage, or members of the public are at greater risk for harm than on surrounding property without the additional lighting; and 3. The proposed deviation from the standards is the minimum required, and will not have a significant adverse effect on neighboring lands. B. If the Planning Director finds the applicant fails to demonstrate compliance with subsection A above, the security plan and its proposed deviation from the standards shall be denied. 4 Board of Commissioners - September 8, 2020 ITEM: 10- 3 - 4 2020 -09 Board of Commissioners Hearing Draft - Housekeeping Amendment - Attached Dwelling Types Zoning District Use = N _j 2 N Q N N Ln 0 r Ln 2 2 2 2 0 2 m N d; _ �^ +J OC Q OC OC OC OC OC W W W W o- D m U M O of U Q _ N In Residential uses Household Livinq Dwelling, Dual -Unit Attached P* P* P* P* P P P P P P P S* S* P Dwelling, Multi- Family P* P* P* P* P P P P P P S* S* P 4.3.2.1 Dwelling, Quadraplex P* P* P* P* P P P P P P P S* S* P 4.3.2.1 Dwelling, Single - Family Detached P P P P P P P P P P P P P P S* S* P P 4.3.2.1 Dwelling, Triplex P* P* P* P* P P P P P P P S* S* P 4.3.2.1 Dwelling, Row -Style P* P* P* P* P P P P P P P S* S* P 4.3.2.1 1 Board of Commissioners - September 8, 2020 ITEM: 10- 3 - 5 2020 -09 Board of Commissioners Hearing Draft - Housekeeping Amendment - Attached Dwelling Types 4.3.2 RESIDENTIAL USES A. Household Living 1. Dwelling, Dual -Unit Attached a. In the R -20, R -15, R -10, and R -7 zoning districts, dual -unit attached dwellings are only allowed as part of a performance residential development and are subject to the maximum density for the district. b. Dual -unit attached dwellings in the B -1 and B -2 districts shall comply with the standards for multi - family dwellings in those districts. 2. Dwelling, Multi - Family a. In the R -20, R -15, R -10, and R -7 zoning districts, multi family dwellings are only allowed as part of a performance residential development and are subject to the maximum density for the district. b. Multi- family dwellings in the B -1 and B -2 districts shall comply with the following standards: 1. Dwelling units must be part of mixed use development established to provide 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 activity. 2. The development shall be single ownership or unified control of a property owners association. 3. Uses with the development are restricted to residential uses and uses allowed in the B -1 district. 4. Sidewalks must be provided throughout the project. S. Parking location and quantity shall be shared. 6. Community facilities and /or common area shall be provided. 7. Mixed -Use Residential buildings are permitted and encouraged. 8. Conceptual elevations indicating proposed architectural style and conceptual lighting plans shall be submitted with the application. 3. Dwelling, Quadraplex a. In the R -20, R -15, R -10, and R -7 zoning districts, quadraplex dwellings are only allowed as part of a performance residential development and are subject to the maximum density for the district. b. Quadraplex dwellings in the B -1 and B -2 districts shall comply with the standards for multi - family dwellings in those districts. 4. Dwelling, Single - Family Detached Single- family dwellings in the B -1 and B -2 districts shall comply with the standards for multi - family dwellings in those districts. 2 Board of Commissioners - September 8, 2020 ITEM: 10- 3 - 6 2020 -09 Board of Commissioners Hearing Draft - Housekeeping Amendment - Attached Dwelling Types Dwelling, Triplex a. In the R -20, R -15, R -10, and R -7 zoning districts, triplex dwellings are only allowed as part of a performance residential development and are subject to the maximum density for the district. b. Triplex dwellings in the B -1 and B -2 districts shall comply with the standards for multi - family dwellings in those districts. 6. Dwelling, Row -Style a. In the R -20, R -15, R -10, and R -7 zoning districts, row -style dwellings are only allowed as part of a performance residential development and are subject to the maximum density for the district. b. Row -style dwellings in the B -1 and B -2 districts shall comply with the standards for multi - family dwellings in those districts. 3 Board of Commissioners - September 8, 2020 ITEM: 10- 3 - 7 2020 -09 Board of Commissioners Hearing Draft - Housekeeping Amendment -RV or Travel Trailer Dwellings 2.3 DEFINITIONS AND TERMS RV OR TRAVEL TRAILER DWELLING A dwelling unit that meets the definition of a Recreational Vehicle (RV) or Travel Trailer, as defined herein, but that does not include Temporary Relocation Housing as defined by this ordinance. 4.4.3 PERMISSIONS FOR SPECIFIED ACCESSORY USES AND STRUCTURES 4.4.4 STANDARDS FOR SPECIFIED ACCESSORY USES AND STRUCTURES H. RV or Travel Trailer Dwelling Use of recreational vehicles or travel trailers as dwelling units is only allowed in approved Campground/ Recreational Vehicle (RV) Park uses. This shall not be construed to exclude the use of recreational vehicles or travel trailers as permitted Temporary Relocation Housing or to prohibit the parking of recreational vehicles in locations where parking of personal automobiles is allowed, such as approved parking spaces or residential driveways. This also does not exclude sales display of recreational vehicles or travel trailers allowed as accessory to a permitted commercial use. Board of Commissioners - September 8, 2020 ITEM: 10- 3 - 8 Table 4.4.3: Accessory Use Table Is Key: P = Permitted by Right S = Special Use Permit Required blank cell = not allowed Accessory Uses RV or Travel Trailer Dwelling 4.4.4 STANDARDS FOR SPECIFIED ACCESSORY USES AND STRUCTURES H. RV or Travel Trailer Dwelling Use of recreational vehicles or travel trailers as dwelling units is only allowed in approved Campground/ Recreational Vehicle (RV) Park uses. This shall not be construed to exclude the use of recreational vehicles or travel trailers as permitted Temporary Relocation Housing or to prohibit the parking of recreational vehicles in locations where parking of personal automobiles is allowed, such as approved parking spaces or residential driveways. This also does not exclude sales display of recreational vehicles or travel trailers allowed as accessory to a permitted commercial use. Board of Commissioners - September 8, 2020 ITEM: 10- 3 - 8 2020 -09 Board of Commissioners Hearing Draft - Housekeeping Amendment - Correction of Transfer Errors 5.4.4 TRANSITIONAL BUFFERS D. Transitional buffers shall provide approximately 100 percent opacity and may be occupied only by natural and /or planted vegetation, berms, and fencing as specified in Table 5.4.4.8D: Transitional Buffer Types and Specifications. Where a utility easement occupies a portion of the buffer, sufficient plantings must be provided outside the easement to meet the required opacity standard. Board of Commissioners - September 8, 2020 ITEM: 10- 3 - 9 Table 5.4.4.9 Transitional Buffer Types and Specifications Type Specifications Planted Buffer Planted materials shall be a minimum of six feet in height and Strip provide approximately 100 percent opacity within one year of planting. • Three rows of planted material are required. Combination Fencing shall be between six and ten feet in height Planted Buffer Planted materials shall be located between the fence and the Strip and Fencing common property line. • If solid fencing is used, two rows of planted materials a minimum of three feet in height and providing approximately 50 percent visual opacity at initial planting shall be required. • If permeable fencing is used, two rows of planted materials giving approximately 100 percent of visual opacity within one year of planting shall be required. Combination The combined height of the berm and planted vegetation shall Berm and be a minimum of six feet and provide approximately 100 percent Vegetation opacity within one year of planting. • The slope of the berm shall be stabilized with vegetation. The slope shall be no steeper than 3:1. • The height of the berm shall be six inches feet or less with a level or rounded area on top. • The berm shall be constructed of compacted earth. Board of Commissioners - September 8, 2020 ITEM: 10- 3 - 9 2020 -09 Board of Commissioners Hearing Draft - Housekeeping Amendment - Correction of Transfer Errors 5.4.6 PARKING LOTS D. Landscaping for parking lot interiors shall be in accordance with the specifications outlined in Table 5.4.6.D: Design Criteria for Parking Lot Interiors. Dimensional Standards • Interior landscaped areas shall be equal to eight percent of the total area to be used for parking, loading, automobile sales, driveways, internal drive aisles, and other vehicular or pedestrian use. • Landscaping islands, either separate from or protruding from perimeter landscaping strips, shall be a minimum of 12 feet measured from back of curb to back of curb. Plantings • One planted or existing tree shall be required for every 144 Required square feet of total interior landscaped area, with a minimum of one tree in each island. • At least 75 percent of trees required for interior landscaping shall be of a shade /canopy species a minimum of three inches caliper in size. • The remainder of interior landscaped area shall be covered with appropriate groundcover, except for designated pedestrian walkways making up no more than 15 percent of any island. Design 0 No parking space shall be located more than 120 feet from a Standards landscaped island. • All parking spaces shall be blocked or curbed to prevent vehicles from encroaching more than one foot into planting islands or landscaped yards or damaging adjacent fences or screens. • Depressions and curb cuts shall be allowed for water quality protection. Design 0 The interior landscaping requirement for storage facilities can be Alternatives met with landscaped islands on the ends of buildings and with protruding perimeter landscaping. • Interior landscaping within automobile sales lots may be distributed so that smaller understory trees are utilized toward the interior of the lot and shade trees are placed toward the perimeter. • For redevelopment of nonconforming parking facilities containing a total of 5 -25 parking stalls, a perimeter landscaped strip a minimum width of ten feet may be provided in -lieu of interior landscaping. For every 40 linear feet, or fraction thereof, the perimeter strip shall contain a minimum of one canopy tree at least three -inch caliper in size or three understory trees at least six feet in height AND a continuous row of evergreen shrubs a minimum 18 inches in height. 2 Board of Commissioners - September 8, 2020 ITEM: 10- 3 - 10 2020 -09 Board of Commissioners Hearing Draft - Housekeeping Amendment - Correction of Transfer Errors 5.4.7 STREET YARDS B. Street yard area shall be required in accordance with the specifications outlined in Table 5.4.7.6, Street Yard Area Standards. The applicant may install the street yard in any configuration that provides the required amount of street yard square footage between the property line and any site improvements, and conforms with required street yard minimum and maximum widths. — The road fronting width of driveways are not included in the linear street frontage when determining the base street yard area. — The area of any walkways, sidewalks or other bicycle and pedestrian facilities, and transit amenities shall be subtracted from the base street yard area required above to get the total required street yard area. — Areas designated for stormwater functions, except piped areas, shall not be included in the required street yard area. — The applicant may choose to increase the required square footage per linear foot up to 25 percent to receive an equivalent reduction in the building's front yard setback. — The applicant may install the street yard in any configuration that provides the required amount of street yard square footage between the property line and any site improvements as long as it remains in compliance with the minimum and maximum widths outlined above. Board of Commissioners - September 8, 2020 ITEM: 10- 3 - 11 JEEK,Table 5.4.7.B: Street • Area Standards Zoning District or Use Required Area B -2, CS, 1 -1, 1 -2, AC • 25 square feet for every linear foot of street yard frontage • Minimum street yard width: 12.5 feet • Maximum street yard width: 37.5 feet B -1, CB, O &I, EDZD, UMXZ Districts 0 18 square feet for every linear foot of Developments with Additional Dwelling street yard frontage Allowance or High Density Development Minimum street yard width: 9 feet Special Use Permit Maximum street yard width: 27 feet Non - Residential Uses in Residential Districts 0 12 square feet for every linear foot of street yard frontage • Minimum street yard width: 8 feet • Maximum street yard width: 18 feet — The road fronting width of driveways are not included in the linear street frontage when determining the base street yard area. — The area of any walkways, sidewalks or other bicycle and pedestrian facilities, and transit amenities shall be subtracted from the base street yard area required above to get the total required street yard area. — Areas designated for stormwater functions, except piped areas, shall not be included in the required street yard area. — The applicant may choose to increase the required square footage per linear foot up to 25 percent to receive an equivalent reduction in the building's front yard setback. — The applicant may install the street yard in any configuration that provides the required amount of street yard square footage between the property line and any site improvements as long as it remains in compliance with the minimum and maximum widths outlined above. Board of Commissioners - September 8, 2020 ITEM: 10- 3 - 11 2020 -09 Board of Commissioners Hearing Draft - Housekeeping Amendment - Correction of Transfer Errors 5.6.2 GENERAL PROVISIONS J. Signs Which Require a Permit 4. Principal Use Signs a. Freestanding Signs 1. Primary. One primary freestanding sign per premises, in accordance with Table 5.6.2.J.4.a, Freestanding Sign Standards. NOTES: [1] Number of lanes refers to the ultimate number of lanes based upon existing roadway conditions or upon construction plans approved as part of the current NC DOT Transportation Improvement Program. [2] Notwithstanding the minimum and maximum front setback requirements indicated above, primary freestanding signs which do not exceed six feet in height and are less than 76 percent of the maximum sign area established above, may be located within five feet of the front property line and shall have no maximum front setback. [3] Front Setback refers to the setback from the front or corner side property lines. 4 Board of Commissioners - September 8, 2020 ITEM: 10- 3 - 12 Table • . Sign Standards Zoning Number Street Front Setback Maximum Maximum Maximum Maximum District of Lanes Frontage (Min. /Max.) Primary Aux. Sign Primary Auxiliary (Feet) [1] (Feet) [2][3] Sign Height Sign Area Sign Area Height (Feet) (Square (Square (Feet) Feet) Feet) B -1, PD, 2 N/A 10/20 20 10 50 25 CB 4 < 100 10/20 20 N/A 50 N/A > 100 10/20 20 12 65 32 B -2, CS, 2 < 100 10/20 20 N/A 65 N/A 1 -1, > 100 10/25 20 18 100 50 1 -2, AC, 4 < 100 10/25 20 N/A 100 N/A Sc > 100 10/30 25 20 150 75 > 300 10/30 30 20 175 90 NOTES: [1] Number of lanes refers to the ultimate number of lanes based upon existing roadway conditions or upon construction plans approved as part of the current NC DOT Transportation Improvement Program. [2] Notwithstanding the minimum and maximum front setback requirements indicated above, primary freestanding signs which do not exceed six feet in height and are less than 76 percent of the maximum sign area established above, may be located within five feet of the front property line and shall have no maximum front setback. [3] Front Setback refers to the setback from the front or corner side property lines. 4 Board of Commissioners - September 8, 2020 ITEM: 10- 3 - 12 2020 -09 Board of Commissioners Hearing Draft - Housekeeping Amendment - Correction of Transfer Errors 10.3.5 SPECIAL USE PERMIT C. Special Use Permit Procedure Figure 10.3.5.0 summarizes the requirements and procedures in Section 10.2, Standard Review Procedures that apply to special use permits. Subsections 1 through 7 below, specify the required procedure for a special use permit, including applicable additions or modifications to the standard review procedures. Figure 10.3.5.C: Summary of Special Use Permit Procedure -1 Public Hearing Procedures (Optional) 1* 2 3 4 5 6 7 Pre - Application Community Application Planning Public Hearing Planning Board Board of Post - Decision Conference Information Submittal & Director Review Scheduling & Hearing & Commissioners Limitations Meeting Acceptance & Staff Report Notification Recommendation Hearing & and Actions (TRC Optional) Decision IF *Special use permits for single-family dwellings, including mobile homes, shall not require Planning Board review prior to the :•• • of • • ners Hearing & Decision. Board of Commissioners - September 8, 2020 ITEM: 10- 3 - 13 2020 -08 Board of Commissioners Hearing Draft - Housekeeping Amendment - Telecommunications Legal Update 2.3 DEFINITIONS AND TERMS AMATEUR RADIO ANTENNA Amateur radio antennas as prescribed in North Carolina General Statutes § 160D -905 A NTENNA Communications equipment that transmits, receives, or transmits and receives electromagnetic radio signals used in the provision of all types of wireless communications services. BASE STATION For the purposes of the Communications and Information Facilities standards of Subsection 4.3.3, "base station" shall mean a station at a specific site authorized to communicate with mobile stations, generally consisting of radio receivers, antennas, coaxial cables, power supplies, and other associated electronics. COLLOCATION The placement, installation, maintenance, modification, operation, or replacement of wireless facilities on, under, within, or on the surface of the earth adjacent to existing structures, including utility poles, city utility poles, water towers, buildings, and other structures capable of structurally supporting the attachment of wireless facilities in compliance with applicable codes. The term does not include the installation of new utility poles, city utility poles, or wireless support structures. ELIGIBLE FACILITIES REQUEST A request for modification of an existing wireless tower or base station that involves collocation of new transmission equipment or replacement of transmission equipment but does not include a substantial modification. EQUIPMENT COMPOUND An area surrounding or near the base of a wireless support structure within which a wireless facility is located. NON - SUBSTANTIAL MODIFICATION See "Eligible Facilities Request" SUBSTANTIAL MODIFICATION The mounting of a proposed wireless facility on a wireless support structure that substantially changes the physical dimensions of the support structure. A mounting is presumed to be a substantial modification if it meets any one or more of the criteria: A. Increasing the existing vertical height of the structure by the greater of (i) more than ten percent (10 %) or (ii) the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet. B. Except where necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable, adding an appurtenance to the body of a wireless support structure that protrudes horizontally from the edge of the wireless support structure the greater of (i) more than 20 feet or (ii) more than the width of the wireless support structure at the level of the appurtenance. C. Increasing the square footage of the existing equipment compound by more than 2,500 square feet. Board of Commissioners - September 8, 2020 ITEM: 10- 3 - 14 2020 -08 Board of Commissioners Hearing Draft - Housekeeping Amendment - Telecommunications Legal Update TOWER (AS APPLIES TO TELECOMMUNICATIONS) For the purposes of the Communications and Information Facilities standards of Subsection 4.3.3, "tower" shall be used interchangeably with "wireless support structure ". See "Wireless Support Structure" WIRELESS FACILITY Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including (i) equipment associated with wireless communications and (ii) radio transceivers, antennas, wires, coaxial or fiber -optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. The term includes small wireless facilities. The term does not include any of the following: a. The structure or improvements on, under, within, or adjacent to which the equipment is collocated. b. Wireline backhaul facilities. c. Coaxial or fiber -optic cable that is between wireless structures or utility poles or city utility poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna. WIRELESS SUPPORT STRUCTURE A new or existing structure, such as a monopole, lattice tower, or guyed tower that is designed to support or capable of supporting wireless facilities. A utility pole is not a wireless support structure. 2 Board of Commissioners - September 8, 2020 ITEM: 10- 3 - 15 2020 -08 Board of Commissioners Hearing Draft - Housekeeping Amendment - Telecommunications Legal Update Zoninci District Amateur Radio Antennas (up to P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* Ln Use N _j = 2 N y Q N N Ln 0 r L!+ 2 2 2 2 0 2 m N 06 _ �^ n In OC Q OC OC OC OC OC OC OC OC d' OC d D m U M O of U Q P* _ N 4.3.3.3 Communication and Information Facilities Amateur Radio Antennas (up to P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* 4.3.3.3 90 ft.) Antenna & Towers less than 70 ft. in Height & Ancillary to the P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* 4.3.3.3 Principal Use Cellular 4, PQS Antenna P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* 4.3.3.3 Collocation, Wireless Non - Substantial Modification P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* 4.3.3.0 Other Wireless Communication Facilities including Towers Wireless Support S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* P* P* 4.3.3.3 Structures & Substantial Modifications 3 Board of Commissioners - September 8, 2020 ITEM: 10- 3 - 16 2020 -08 Board of Commissioners Hearing Draft - Housekeeping Amendment - Telecommunications Legal Update Subsection 4.3.3 Civic & Institutional Uses C. Communication and Information Facilities 1. General Requirements for All Communication and Information Facilities. The following standards shall apply to all communications and information facilities: a. Setbacks. Except for amateur radio antenna up to 90 feet, any tower, antenna, or related wireless support structure in any zoning district shall be set back from any existing residential property line or residential zoning district boundary a distance equal to the height of the tower as measured from the base of the tower. In no case shall the setback for any tower, antenna, or related structure be less than 50 feet. b. Certification Required. All applicants seeking approval shall also submit a written affidavit from a qualified person or persons, including evidence of their qualifications, certifying that the construction or placement of such structures meets the provisions of the Federal Communications Act, 47 U.S.C. § 332, as amended, section 6409 of the Middle Class Tax Relief and lob Creation Act of 2012, 47 U.S.C. § 1455(a), in accordance with the rules promulgated by the Federal Communications Commission (FCC), and all other applicable federal, state, and local laws. The statement must certify that radio frequency emissions from the antenna array(s) comply with the FCC standards. The statement shall also certify that both individually and cumulatively the proposed facilities located on or adjacent to the proposed facility will comply with current FCC standards. In accordance with NCGS 160D -932, the county cannot base its permitting decision on public safety implications of radio frequency emissions of wireless facilities. c. Expert Review. Outside experts and disputes are subject to the following provisions: 1. Siting of telecommunications facilities may involve complex technical issues that require review and input by outside experts. Staff may require the applicant to pay the reasonable costs of a third -party technical study of a proposed facility. Selection of expert(s) to review the proposal shall be at the sole discretion of the decision - making body. 2. If an applicant for a telecommunications facility claims that one or more standards of this ordinance are inconsistent with federal law as applied to a particular property, or would prohibit the effective provision of wireless communications within the relevant market area, the decision - making body may require that the applications be reviewed by a qualified engineer for a determination of the accuracy of such claims. Any costs shall be charged to the applicant. d. Signage. Signage shall comply with the following standards: 4 Board of Commissioners - September 8, 2020 ITEM: 10- 3 - 17 2020 -08 Board of Commissioners Hearing Draft - Housekeeping Amendment - Telecommunications Legal Update 1. Attaching commercial messages for off -site or on -site advertising shall be prohibited. 2. The only signage that is permitted upon an antenna, wireless support structure, equipment cabinet, or fence shall be informational and for the purpose of identifying: i. The antenna support structure (such as ASR registration number); ii. The party responsible for the operation and maintenance of the facility; iii. Its current address and telephone number; iv. Security or safety signs; v. Property manager signs for the tower (if applicable); and vi. Signage appropriate to warn the general public as to the use of the facility for radiofrequency transmissions. 2. Amateur Radio Antenna Except for in the 1 -1 and 1 -2 districts, Amateur Radio Antenna 90 feet in height or taller, in addition to the standards set forth in Subsection 4.3.3.C.1 above, shall require a Special Use Permit and are subject to the standards of 4.3.3. C.6 below. 3. Antenna & Towers Ancillary to the Principal Use Except for in the 1 -1 and 1 -2 districts, Antenna & Towers 70 feet in height or taller, in addition to the standards set forth in Subsection 4.3.3.C.1 above, shall require a Special Use Permit and are subject to the standards of 4.3.3. C.6 below. 4. Collocations a. Wireless collocations attached to existing structures that are not considered non - substantial modifications shall not add more than six feet to the overall height of a structure. b. The applicant is encouraged to provide simulated photographic evidence of the proposed appearance of the collocation and a statement as to the potential visual and aesthetic impacts on all adjacent residential zoning districts. The simulation should include overall height; configuration; physical location; mass and scale; materials and color (including proposals for steel structures); and illumination. c. Concealed (stealth) or camouflaged facilities are encouraged when the method of concealment is appropriate to the proposed location. Stealth facilities may include but are not limited to: painted antenna and feed lines to match the color of a building or structure, faux windows, dormers, or other architectural features that blend with an existing or proposed building or structure. Freestanding stealth 5 Board of Commissioners - September 8, 2020 ITEM: 10- 3 - 18 2020 -08 Board of Commissioners Hearing Draft - Housekeeping Amendment - Telecommunications Legal Update facilities typically have a secondary, obvious function such as a church steeple, windmill, silo, light standard, flagpole, bell /clock tower, water tower, or tree. 5. Non - Substantial Modifications a. The applicant is encouraged to provide simulated photographic evidence of the proposed appearance of non - substantial modification and a statement as to the potential visual and aesthetic impacts on all adjacent residential zoning districts. The simulation should include overall height; configuration; physical location; mass and scale; materials and color (including proposals for steel structures); and illumination. b. Concealed (stealth) or camouflaged facilities are encouraged when the method of concealment is appropriate to the proposed location. Stealth facilities may include but are not limited to: painted antenna and feed lines to match the color of a building or structure, faux windows, dormers, or other architectural features that blend with an existing or proposed building or structure. Freestanding stealth facilities typically have a secondary, obvious function such as a church steeple, windmill, silo, light standard, flagpole, bell /clock tower, water tower, or tree. 6. Other Wireless Communication Facilities including New Wireless Support Structures & Substantial Modifications a. Where Special Use Permits are required, all of the following standards shall be applied, and all requirements must be met. Additional conditions may be determined to mitigate negative impacts, and the permit should be approved only if all negative impacts can be mitigated. No reductions in setbacks may be granted for this use for increased buffers. 1. The minimum distance between the wireless support structure and any other adjoining parcel of land or road must be equal to the minimum setback described in Subsection 4.3.3.C.1.a above, plus any additional distance necessary to ensure that the wireless support structure, as designed, will fall within the wireless support structure site. 2. The applicant shall provide simulated photographic evidence of the proposed appearance of the wireless support structure and wireless facilities from four vantage points and a statement as to the potential visual and aesthetic impacts on all adjacent residential zoning districts. The simulation shall include overall height; configuration; physical location; mass and scale; materials and color (including proposals for steal structures); and illumination. 3. Concealed (stealth) or camouflaged facilities are encouraged when the method of concealment is appropriate to the proposed location. Attached stealth facilities may include but are not limited to: painted antenna and feed lines to match the color of a building or structure, faux windows, dormers, or other architectural features that blend with an 0 Board of Commissioners - September 8, 2020 ITEM: 10- 3 - 19 2020 -08 Board of Commissioners Hearing Draft - Housekeeping Amendment - Telecommunications Legal Update existing or proposed building or structure. Freestanding stealth facilities typically have a secondary, obvious function such as a church steeple, windmill, silo, light standard, flagpole, bell /clock tower, water tower, or tree. 4. The proposed appearance of concealed or non - concealed facilities shall be evaluated for compatibility with the surrounding community prior to submission of the special use permit application. Applicants shall meet with Planning and Land Use staff for a preliminary review of proposed appearance in order to assure each facility will impose the least obtrusive visual impact. b. A landscaped buffer with a base width not less than 25 feet and providing 100 percent opacity shall be required within the wireless support structure site to screen the exterior of protective fencing or walls. The base station and equipment compound of the wireless support structure and each guy wire anchor must be surrounded by a fence or wall not less than eight feet in height. c. All wireless support structures shall be constructed to accommodate collocation. Structures over 150 feet in height shall be engineered to accommodate at a minimum two additional providers. Structures 150 feet or less in height shall be engineered to accommodate at a minimum one additional provider. d. Equipment compounds shall comply with the following standards: 1. Shall not be used for the storage of any equipment or hazardous waste (e.g., discarded batteries) or materials not needed for the operation. No outdoor storage yards shall be allowed in a tower equipment compound. 2. Shall not be used as a habitable space. e. The applicant shall submit Form 7460 to the Federal Aviation Administration (FAA) to assure compliance with all FAA standards and to resolve issues of concern, including required lighting, possible transmission interference or other conflicts when the proposed wireless support structure site is located within 10,000 feet of an airport or within any runway approach zone. 7. Nonconforming Wireless Support Structures. a. Any wireless support structure and associated equipment which was lawfully constructed under the terms of the Ordinance, which is now considered a nonconforming improvement, may continue or be reconstructed as a conforming improvement even though the wireless support structure and associated equipment may not conform with the provisions of this ordinance for the district in which it is located. Wireless support structures and associated equipment may only be enlarged and /or relocated if the enlarged or relocated wireless support structure: is considered an eligible facilities request, eliminates the need for an additional wireless support structure, provides additional collocation 7 Board of Commissioners - September 8, 2020 ITEM: 10- 3 - 20 2020 -08 Board of Commissioners Hearing Draft - Housekeeping Amendment - Telecommunications Legal Update opportunities on the wireless support structure, or provides additional antenna space on the wireless support structure; and provided further that the enlargement and /or relocation shall be in conformance with the following regulations and design limitations: 1. Wireless support structure height may not be increased by more than 10 percent of the originally constructed structure height, except where either of the following is applicable: a. The district in which the wireless support structure is located would allow the increase by right, or; b. The wireless support structure was originally permitted as a special use permit and the applicant obtains a special use permit modification, as described in UDO Section 10.3.5 Special Use Permit, 2. A wireless support structure shall be allowed to be reconstructed and relocated within the boundaries of the property on which it is located so long as the decrease in the setbacks does not exceed 10 percent of the originally constructed structure height and the relocated structure is sited to minimize any increase in the existing nonconformity. Any request to reconstruct and relocate the structure where the resulting decrease in setback exceeds 10 percent of the originally constructed structure height shall require a special use permit or special use permit modification, as described in UDO Section 10.3.5 Special Use Permit. 0 Board of Commissioners - September 8, 2020 ITEM: 10- 3 - 21 2020 -09 Board of Commissioners Hearing Draft - Housekeeping Amendment -Boat Definition & Small Watercraft Storage 2.3 DEFINITIONS AND TERMS BOAT A vessel or watercraft of any type or size specifically designed to be self - propelled, whether by engine, sail, ear, or paddle or other means, WhiGh is used to travel from plaGe tG plaGe by wate . engine or sail, including yachts, pontoon boats, sail boats, personal watercraft such as Jet - Skis®, and motorized inflatable boats such as Zodiacs®. For the purposes of this Ordinance, this definition does not include small watercraft, as herein defined. WATERCRAFT, SMALL A vessel or watercraft, generally smaller than boats as herein defined, that floats on or operates on the water, regardless of the means of propulsion, which is usually stored at a residence rather than a marina, is not permanently stored in the water, and is not generally launched from a trailer. Examples are canoes, kayaks, rowboats, paddleboards, rowing sculls, and sailboats shorter than 14 ft. in lengths, such as Sunfish®. Excluded from this definition are rafts, surfboards, boogie boards, towable tubes, and the like, which are not regulated by this ordinance. 4.4.3 PERMISSIONS FOR SPECIFIED ACCESSORY USES AND STRUCTURES 4.4.4 STANDARDS FOR SPECIFIED ACCESSORY USES AND STRUCTURES 1. Small Watercraft Storage Structures, such as kayak racks, for the storage of small watercraft are allowed in all zoning districts as accessory uses, excepting that they shall only be allowed as accessory to Community Boating Facilities and Outdoor Recreational Establishments, provided that 1. Structures shall be reviewed for compliance with building code and applicable floodplain regulations. 2. When personal watercraft are not stored in an enclosed structure, all watercraft shall be required to be tied -down or removed during hurricane emergency events. 3. No structure, including stored watercraft, shall encroach into any required setbacks or easements. 4. For all Outdoor Recreational Establishments, and for Community Boating Facilities not directly abutting the residential lots or units served by the facility, one automobile parking space, in addition to existing approved spaces, shall be required for every 4 storage rack slots Board of Commissioners - September 8, 2020 ITEM: 10- 3 - 22 2020 -09 Board of Commissioners Hearing Draft - Housekeeping Amendment -Boat Definition & Small Watercraft Storage or fraction thereof. Bicycle parking spaces may be provided in lieu of up to two automobile parking spaces at the rate of 1 space for every storage slot. This requirement maybe amended as part of an approved special use permit or subject to a parking study if authorized by Section 5.1 of this Ordinance when the principal use is permitted by- right. 5. The addition of a small watercraft storage structure to a nonconforming use shall require a special use permit. 2 Board of Commissioners - September 8, 2020 ITEM: 10- 3 - 23 2020 -09 Board of Commissioners Hearing Draft - Height Modifications Amendment Section 2.1 Measurements BUILDING HEIGHT The vertical distance measured from the average elevation of the proposed finished grade at the front of the structure to one of the following (see Figure 2.1: Building Height Measurement) the mean level of the slope of the main e : The midpoint between eave and ridgeline on a simple sloped roof (e.g., gable or hip roof) or curved roof (e.g., barrel root); 2. Where there are multiple roof planes (e.g., gambrel or mansard roof), the highest midpoint on a sloped or curved roof surface or the highest flat roof plane, whichever is highest; or 3. The highest roof plane on a flat roof (not including any parapet wall). Appurtenances usually required to be placed above the roof level and not intended for human occupancy (e.g., antennas, chimneys, solar panels) shall not count toward the building height (see Section 3.1.3. B, Structural Appurtenances). Figure 2.1: Building Height Measurement Gable Roof Gambrel Roof - -- — �--- EEEE A Li I I cc Z' L .v m Flat Roof Board of Commissioners - September 8, 2020 ITEM: 10- 3 - 24 2020 -09 Board of Commissioners Hearing Draft - Height Modifications Amendment Section 3.2 Residential Zoning Districts 3.2.14. RESIDENTIAL MULTI - FAMILY MEDIUM -HIGH DENSITY (RMF -MH) DISTRICT D. District Dimensional Standards Standard Single Family Detached Duplex Triplex Quadraplex Multi - Family Lot area, minimum (square feet)* 4,000 7,500 12,500 17,500 20,000 1 Lot width, minimum (feet)* 40 90 2 Front setback (feet)* 15 30 3 Side setback, street (feet)* 10 30 4 Side setback, interior (feet)* 5 20 5 Rear setback (feet)* 15 25 Density, maximum (dwelling units /acre) 25 Required Open Space (% of project site) 20 Building height, maximum ** 3 4 stories, with a maximum of 45 50 feet ** * Does not apply to Performance Residential Developments (see Section 3.1.3.D). ** Heights over 35 feet subject to additional setback of 4 additional feet 3.2.15 RESIDENTIAL MULTI - FAMILY HIGH DENSITY (RMF -H) DISTRICT D. District Dimensional Standards Standard Single Family Detached Duplex Triplex Quadraplex Multi - Family Lot area, minimum (square feet)* 3,000 6,000 9,000 12,000 15,000 1 Lot width, minimum (feet)* 40 80 2 Front setback (feet)* 15 30 3 Side setback, street (feet)* 10 30 4 Side setback, interior (feet)* 5 20 5 Rear setback (feet)* 15 25 Density (maximum dwelling units /acre) 36 Required Open Space (% of project site) 20 Building height, maximum ** 3 4 stories, with a maximum of 45 50 feet** * Does not apply to Performance Residential Developments (see Section 3.1.3.D). ** Heights over 35 feet subject to additional setback of 4 additional feet 2 Board of Commissioners - September 8, 2020 ITEM: 10- 3 - 25 2020 -09 Board of Commissioners Hearing Draft - Height Modifications Amendment Section 3.4 Commercial and Industrial Districts 3.4.6 OFFICE AND INSTITUTIONAL (0&1) DISTRICT District Dimensional Standards Standard All! Use Residential Uses Nonresidential Uses and Mixed Use Structures Lot area, minimum (square feet)* 15,000 1 Lot width, minimum (feet)* 90 2 Front setback (feet)* 25 3 Side setback, street (feet)* 25 Side setback, interior* ** Rear setback* ** Density, maximum (dwelling units /acre) 2.5 * ** Building height, maximum (feet) 40 52 * Does not apply to Performance Residential Developments (see Section 3.1.3.D). ** Determined in accordance with Section 3.1.3.C, Setback Requirements in Certain Commercial and Industrial Districts.. * ** Applies only to Performance Residential Developments (see Section 3.1.3.D). 3.4.10 LIGHT INDUSTRIAL (1 -1) DISTRICT D. District Dimensional Standards Standard All Uses Lot area, minimum (square feet) None 1 Lot width, minimum (feet) None 2 Front setback (feet) 50 3 Side setback, street (feet) 50 Side setback, interior Rear setback Building height, maximum (feet) 48 45 ** * Determined in accordance with Section 3.1.3.C, Setback Requirements in Certain Commercial and Industrial Districts. ** Buildings located within the Employment Center or Commerce Zone place types and fronting along a Collector, Minor Arterial, or Principal Arterial as indicated on the Wilmington MPO Functional Classification Map, may exceed 40 45 feet in height provided their FAR does not exceed 1.0. 3 Board of Commissioners - September 8, 2020 ITEM: 10- 3 - 26 2020 -09 Board of Commissioners Hearing Draft - Planned Development (PD) District Revisions Section 1.7 Transitional Provisions 1.7.3 APPROVALS GRANTED BEFORE EFFECTIVE DATE A. Approved zoning permits, building permits, variances, special use permits, subdivision plans, and site plans that are valid on February 3, 2020 shall remain valid until their expiration date. Development may be completed in accordance with such approvals even if such building, development or structure does not fully comply with provisions of this Ordinance. If building is not commenced and diligently pursued in the time allowed under the original approval or any extension granted, then the building, development or structure shall be subject to the requirements of this Ordinance. B. To the extent a prior- approved application proposes development that does not comply with this Ordinance, the subsequent development, although permitted, shall be nonconforming and subject to the provisions of Article 11: Nonconforming Situations. C. Any re- application for an expired development approval or permit shall comply with the standards in effect at the time of re- application. D. All development and use of land in a PD District that was approved before September 8, 2020 shall comply with the standards approved for that district. The Planning Director may approve minor deviations from the PD District standards identified in Section 10.3.4.C.8.b, Minor Deviations, provided the deviations have no material effect on the character of the approved development. All other modifications of the PD District standards shall be considered major modifications and are subject to the procedures and standards in Section 10.3.4, Master Planned Development. 1.7.4 APPLICATIONS IN PROGRESS BEFORE EFFECTIVE DATE A. Applications for development approvals and permits that were submitted in complete form and are pending on February 3, 2020 shall be reviewed and decided in accordance with the regulations in effect when the application was accepted. B. Completed applications shall be processed in good faith and shall comply with any time frames for review, approval, and completion as established in the regulations in effect at the time of application acceptance. If the application fails to comply with the required time frames, it shall expire and future development shall be subject to the requirements of this Ordinance. C. An applicant with a pending application accepted before February 3, 2020 may opt to have the proposed development reviewed and decided under the standards of this Ordinance by withdrawing the pending application and submitting a new application in accordance with the standards of this Ordinance. The application submittal fees will be waived for this new application. D. An applicant with a pending application for a PD District that was accepted before September 8, 2020 may opt to have the proposed PD District reviewed and decided under either the zoning regulations in effect at the time the application was accepted, in whole, or the procedures and standards of this Ordinance, in whole. If Board of Commissioners - September 8, 2020 ITEM: 10- 3 - 27 2020 -09 Board of Commissioners Hearing Draft - Planned Development (PD) District Revisions the applicant opts to have the proposed PD District reviewed under the procedures of this Ordinance, the applicant shall withdraw the pending application and submit a new application in accordance with the standards of this Ordinance. The application submittal fees will be waived for this new application. E. Except for a PD District approved in accordance with subsection D above, tTo the extent an application approved under this section proposes development that does not comply with this Ordinance, the development, although permitted, shall be nonconforming and subject to the provisions of Article 11: Nonconforming Situations. 3.3.7 PLANNED DEVELOPMENT (PD) DISTRICT F. Purpose The Planned Development (PD) District is established to encourage innovative, integrated, and efficient land planning and site design concepts that support a high quality of life anal PD d!StFin+ is +,,: that achieve a high quality of development, environmental sensitivity, and adequate public facilities and services, and that provide community benefits, by: • Reducing the inflexibility of zoning district standards that sometimes result from strict application of the base district, and development standards; • Allowing greater flexibility in selecting: the form and design of development, the ways by which pedestrians and traffic circulate, how the development is located and designed to respect the natural features of the land and protect the environment, the location, and integration of open space and civic space into the development, and design amenities; • Encouraging a greater mix of land uses with the same development; • Allowing more efficient use of land, with smaller networks of streets and utilities; • Providing pedestrian connections within the site and to the public right -of -way; and • Promoting development forms and patterns that respect the character of established surrounding neighborhoods and other types of land uses. ci ii +able in Inner +ir.n are. and nhaFaGter fnr deyelepmen+ nn a i inified bas" e e e features; living, n � gage � �nifi d nm tS GGRsist + eii +h eats of +he G Rty's • �eb� eNra cvrr.�rsre�lr= av�zrr— �vcrr��rzrn, v6u'rrc�o Gemnrehensiye Plan and nmmpn +ihle with S RG RdiRg land uses. 2 Board of Commissioners - September 8, 2020 ITEM: 10- 3 - 28 2020 -09 Board of Commissioners Hearing Draft - Planned Development (PD) District Revisions G. Concept H. Use Standards Allowed uses and use - specific standards for principal, accessory, and temporary uses are identified established in Article 4: Uses and Use - Specific Standards. "Ie -tom 30 percent of any DD DiStFiGt shall be used fer Industrial GerY''rnmeFGiall, and GiViG and IRStit tiGRal uses. The allowed uses are only permitted for development if they are included in the MPD Master Plan that is approved as part of the PD district in accordance with Section 3.3.3.A, MPD Master Plan. I. District Dimensional and Density Standards Standard Residential Uses Commercial Uses F Industrial Uses Minimum district size, under common ownership or joint petition: 10 acres Building setback from PD District boundary (feet) 20 CB Setback Requirements 1 -1 Setback Requirements Building setback from pedestrian and bicycle paths (feet) 10 Front setback (feet) Established in MPD Master Plan in accordance with Section 3.3.3.A, MPD Master Plan NGR8 20 50 NeRe 20 50 None Nnno* ** Side setback, street (feet) Side setback, interior (feet) Rear setback (feet) Density, maximum (du /acre) Intensity, maximum Established in MPD Master Plan in accordance with Section 3.3.3.A, MPD Master Plan Building height, maximum (feet) 40 * ** * Maximum density in Urban Mixed Use areas identified on the New Hanover County Future Land Use Map shall be established in the MPD Master Plan. Maximum Density in areas outside of the Urban Mixed Use areas shall also be established in the MPD Master Plan, but shall not exceed 17 dwelling units per acre. Setback is * ** There is no maximum building height for agricultural or industrial uses. The maximum building height is 80 feet for buildings located within the Urban Mixed Use, Community Mixed Use, or Employment Centeres as OPd+satPd areas identified on the New Hanover County Future Land Use Map and fronting along a collector, minor arterial, or principal arterial as indicated on the Wilmington Urban Area MPO functional classification map. 3 Board of Commissioners - September 8, 2020 ITEM: 10- 3 - 29 2020 -09 Board of Commissioners Hearing Draft - Planned Development (PD) District Revisions J. Other District Standards Board of Commissioners - September 8, 2020 ITEM: 10- 3 - 30 2020 -09 Board of Commissioners Hearing Draft - Planned Development (PD) District Revisions 0 0 0 1. Compensating Community Benefits Compensating community benefits shall be identified in the MPD Master Plan. These benefits shall be in addition to what is otherwise required to meet the minimum standards of this LIDO and other County, state, and federal regulations. They may include, but are not limited to: a. Improved Design The use of architectural design that exceeds any minimum standards established in this UDO or any other County regulation, or the use of site design incorporating principles of walkable urbanism and traditional neighborhood development, compatible with the comprehensive plan and other adopted County plans. b. Natural Preservation The preservation of sensitive lands such as natural habitats, natural features, or trees that exceed the requirements of this UDO, when they are located on the site. c. Improved Connectivity for Pedestrians and /or Vehicles Additional connections to existing roads, bicycle facilities, and pedestrian facilities that provide additional connectivity to and from the development and existing residential and commercial development in the County, beyond the requirements of Section 5.2, Traffic, Access, and Connectivity. 5 Board of Commissioners - September 8, 2020 ITEM: 10- 3 - 31 2020 -09 Board of Commissioners Hearing Draft - Planned Development (PD) District Revisions d. Mixed -Use Development The approval of a significant amount of mixed -use development on the site, by ensuring that a minimum of 35 percent of the total gross square feet in the development (and 25 percent of the land area) will be developed in an integrated mixed -use form (residential and nonresidential), with sidewalks on both sides of the street, and street trees spaced appropriately, along the street. e. Green Building Practices The inclusion of green building practices, that may include but not be limited to: LEED buildings (or a comparable); the integration of low - impact development techniques; the use of alternative energy to generate power (solar or wind); energy conservation practices; water conservation practices; tree conservation (exceeding the requirements of this UDO); recycling; and similar practices. f. Dedication of Land or Facilities or In -Lieu Fee Contribution 1. Parks, Recreation, and Open Space The dedication of land, construction of facilities, or contribution of in -lieu fee for public parks, trails and trail linkages, greenways, waterfront access, recreation facilities, or open space identified in the comprehensive plan or other adopted County plans, beyond the requirements of Section 5.5, Open Space Set -Aside Standards. 2. Transportation Facilities The dedication of land, construction of facilities, or contribution of in -lieu fees for off -site transportation facilities that exceed the mitigation requirements of Section 5.2.4, Traffic Impact Worksheet. 3. Community Facilities The dedication of land or construction of facilities for community facilities (e.g., cultural arts center, public plaza, and public art) identified in the comprehensive plan or other adopted County plans. 4. Workforce Housing The construction of workforce dwelling units. 5. Other Any other community benefit that would provide benefits to the development site and the citizens of the County, generally. 2. Development Standards Subject to Modification Except as required in subsections 3 through 5 below, development in a PD district shall comply with the standards in Article 5: General Development Standards, Article 6: Subdivision Design and A Board of Commissioners - September 8, 2020 ITEM: 10- 3 - 32 2020 -09 Board of Commissioners Hearing Draft - Planned Development (PD) District Revisions Improvements, Article 7: Stormwater Management, Article 8: Erosion and Sedimentation Control, and Article 9: Flood Damage Prevention, unless they are modified as allowed by Table 3.3.7.E.4: PD District Development Standards Subject to Modification, and accompanied by documentation providing a clear basis for why the change is needed, how it supports the purposes of the district, and how it supports high - quality development. Article 5: General Development Standards Section 5.1 Parking and Loading MPD Master Plan Section 5.2 Traffic, Access, and Connectivity MPD Master Plan Section 5.3 Tree Retention No modification Section 5.4 Landscaping and Buffering No modification Section 5.5 Exterior Lighting MPD Master Plan Section 5.6 Signs MPD Master Plan Section 5.7 Conservation Resources No modification Section 5.8 Open Space Requirements MPD Master Plan Section 5.9 Fire Hydrants No modification Section 5.10 Airport Height Restriction No modification Article 6: Subdivision Design and Improvements Section 6.1 General Purpose No modification Section 6.2 Design Standards MPD Master Plan Section 6.3 Improvements MPD Master Plan Article 7. Stormwater Management (reserved) Article 8: Erosion and Sedimentation Control (reserved) Article 9: Flood Damage Prevention No modification 3. Minimum Infrastructure Improvements The following minimum improvements and public services shall be provided in accordance with all standards set by the County or appropriate local or State agency: a. Water supply and sewer facilities provided by the Cape Fear Public Utility Authority or an equivalent agency; b. Fire hydrant and water supply systems that meet the standards specified in the National Fire Protection Association Standard as amended; 0 c. A drainage plan in accordance with puFsuant to Section 6.3.3.E, Surface Water Drainage, and the County's Stormwater Management Ordinance. d. Street lights, at the rate of one fixture per 500 linear feet or less of roadway. 7 Board of Commissioners - September 8, 2020 ITEM: 10- 3 - 33 2020 -09 Board of Commissioners Hearing Draft - Planned Development (PD) District Revisions f. Audible fire alarm systems connected directly to a central dispatch system for all structures except single - family and two- family (duplex), residential. 4. Building Separations Standards a. The project shall be designed so as to avoid encroachment into the path of any proposed transportation project included in the Wilmington MPO's Metropolitan Transportation Plan. b. No part of a detached single family dwelling unit or its accessory structure =` <arI may be located closer than 10 feet to any part of any other detached single family dwelling or its accessory structure. c. No part of a multi - family or attached dwelling unit or its accessory structure shaH be located closer than 20 feet to any part of another dwelling unit, accessory structure, or nonresidential building. M. Board of Commissioners - September 8, 2020 ITEM: 10- 3 - 34 2020 -09 Board of Commissioners Hearing Draft - Planned Development (PD) District Revisions 9. Gornmunit Property Owner's Association A SemmUrity property owner's association shall be established in accordance with Section 5.8.3, Open Space Provisions, and Section 3.1.3.D.7. Rights -of -way platted for public use sh,ar,' may not be altered to private rights -of -way by any action of a community property owner's association unless approved by the TRC. Article 2: Meas uremeR+^ and Defono+4.,n c° � Section 5.1� Section 5.2 ^�- Section 5.3 Tr ° ° ° + °n +° nor Section 5.4 LandSGaPiRg +�^,z,v nrr� ;c° -9-- Cr°ci °n And SPd5 ,°n+;;+4 °n Gep#°� Section 5.6 Signs Anti,-.- Fleed Damage Prevention Section 5.7 Conservation ReseurGes z.t,Gle 11: Nleenr.eenferrn Ina Situations 10.3.4 MASTER PLANNED DEVELOPMENT A. Purpose The purpose of this section is to provide a uniform means for amending the Official Zoning Map to establish a master planned development district. A master planned development (MPD) is a development under unified control with more flexible standards and procedures that are conducive to creating a more mixed -use, pedestrian- oriented development than could be achieved through general use zoning district regulations. B. Applicability The procedure in this section is required for any amendment of the Official Zoning Map that rezones land to a master planned development district, including the UMXZ, RFMU, EDZD, or PD districts, or for major modifications to an already approved master planned development district. Any modification to an approved master planned development district that is not a E Board of Commissioners - September 8, 2020 ITEM: 10- 3 - 35 2020 -09 Board of Commissioners Hearing Draft - Planned Development (PD) District Revisions minor deviation asset forth in Section 10.3.4.C.8.b, Minor Deviations, is a major modification. C. Master Planned Development Procedure Figure 10.3.4.0 summarizes the requirements and procedures in Section 10.2, Standard Review Procedures, that apply to master planned developments. Subsections 1 through 8 below, specify the required procedure for a master planned development, including applicable additions or modifications to the standard review procedures. Figure 10.3.4.C: Summary of Planned Development Procedure IPublic Hearing Procedures 1 2 3 4 5 6 7 8 Pre - Application Community Application Planning Public Hearing Planning Board Board of Post - Decision Conference Information Submittal & Director Review Scheduling & Hearing & Commissioners Limitations and Meeting Acceptance & Staff Report Notification Recom- Hearing & Actions (TRC Optional) mendation Decision 1. Pre - Application Conference A pre - application conference in accordance with Section 10.2.2, Pre - Application Conference, is required. 2. Community Information Meeting The applicant shall conduct a community information meeting in accordance with Section 10.2.3, Community Information Meeting. 3. Application Submittal and Acceptance Applications shall be submitted in accordance with Section 10.2.4, Application Submittal and Acceptance. In addition to all other application requirements set forth in the Administrative Manual, the application shall include the following: a. An MPD Master Plan meeting the requirements of Section 3.3.3.A, MPD Master Plan, depicting the general configuration and relationship of the principal elements of the proposed development, including uses, general building types, density /intensity, resource protection, pedestrian and vehicular circulation, open space, public facilities, and phasing; b. An MPD Terms and Conditions document meeting the requirements of Section 3.3.3.6, MPD Terms and Conditions Document, specifying terms and conditions defining development parameters, providing for environmental mitigation, and outlining how public facilities will be provided to serve the master planned development; and c. To ensure unified control, a copy of the title to all land that is part of the proposed master planned development district or land that is 10 Board of Commissioners - September 8, 2020 ITEM: 10- 3 - 36 2020 -09 Board of Commissioners Hearing Draft - Planned Development (PD) District Revisions affected by a major modification to an existing master planned development district. 4. Staff Review and Action a. If requested by the applicant, the TRC shall review the application and provide any comments on the proposed master planned development to the Planning Director, who shall transmit any comments received from the TRC in writing to the applicant. b. The Planning Director shall review the application, prepare a staff report, and provide a recommendation in accordance with Section 10.2.5, Staff Review and Action. The Planning Director may recommend revisions to the proposed MPD Master Plan and MPD Terms and Conditions document. c. If the proposed master planned development involves a rezoning to or major modification of an toe EDZD District, the staff report shall address each of the following: 1. The suitability of the proposal for the general type of function, the physical characteristics of the land, and relation of the proposed development to surrounding areas and existing and probable future development; 2. The sufficiency of supporting evidence in the application showing that the proposed location can meet the basic criteria for exceptional design; 3. The relation to major roads and mass transit facilities, utilities, and other facilities and services; 4. The adequacy of evidence of unified control and the suitability of any proposed agreements, contracts, deed restrictions, sureties, dedications, contributions, guarantees, or other instruments, or the need for such instruments, or for amendments in those proposed; 5. The suitability of plans proposed or the suggestion of conditions; and 6. The consistency with the Comprehensive Plan and other adopted plans for development in the vicinity, and how the EDZD district might be reasonable and in the public interest if approved. 5. Public Hearing Scheduling and Public Notification The Planning Director shall schedule public hearings and provide public notification in accordance with Section 10.2.6, Public Hearing Scheduling and Public Notification. 6. Planning Board Review and Action a. The Planning Board shall conduct a public hearing on the application and make a recommendation on the application in accordance with Section 10.2.8, Advisory Body Review and Action, and Section 10.3.4.D, Master Planned Development Review Standards. The Planning Board's recommendation shall address whether the 11 Board of Commissioners - September 8, 2020 ITEM: 10- 3 - 37 2020 -09 Board of Commissioners Hearing Draft - Planned Development (PD) District Revisions proposed master planned development is consistent with the Comprehensive Plan. b. If the Planning Board's decision is to recommend denial of the application, the applicant must submit written notice to the Planning Director of the applicant's intent to proceed with a hearing before the Board of Commissioners within 10 calendar days of the Planning Board's decision. If the applicant does not provide such notice within that time period, the application shall be deemed withdrawn and no further review of the application shall occur. 7. Board of Commissioners Review and Action a. If appropriate, the Board of Commissioners shall conduct a public hearing on the application and make a decision on the application in accordance with Section 10.2.9, Decision - Making Body Review and Action, and Section 10.3.4.D, Master Planned Development Review Standards. The decision of the Board of Commissioners shall be one of the following: 1. Approve the master planned development district subject to the MPD Master Plan and MPD Terms and Conditions document in the application; 2. Approve the master planned development district subject to additional or revised conditions related to the MPD Master Plan or MPD Terms and Conditions document; 3. Deny the master planned development district; or 4. Remand the master planned development application back to the Planning Board for further consideration. b. Prior to deciding to adopt or deny a master planned development, the Board of Commissioners shall adopt a statement that: 1. Addresses the consistency of the master planned development with the Comprehensive Plan by either: L Describing the consistency or inconsistency of the master planned development with the Comprehensive Plan; or ii. If the master planned development is approved, declaring that the approval is also deemed an amendment to the Comprehensive Plan, and providing an explanation of the change in conditions Board of Commissioners took into account in approving the master planned development to meet the development needs of the community. No additional request or application for amendment to the Comprehensive Plan shall be required. 2. Explains why the decision is reasonable and in the public interest. 12 Board of Commissioners - September 8, 2020 ITEM: 10- 3 - 38 2020 -09 Board of Commissioners Hearing Draft - Planned Development (PD) District Revisions c. Only conditions of approval mutually agreed to by both the applicant and the Board of Commissioners are allowed. 8. Post - Decision Limitations and Actions The post- decision limitations and actions in Section 10.2.10 apply, in addition to the provisions in subsections a through c below. a. Effect of Approval 1. Lands classified to master planned development district shall be subject to the approved MPD Master Plan and MPD Terms and Conditions document. Such approval does not itself authorize specific development activity, but allows the property owner to obtain subsequent development approvals and permits necessary to implement the MPD Master Plan and MPD Terms and Conditions document, in accordance with the applicable procedures and standards set forth in this Ordinance. Subsequent development approvals and permits shall comply with the MPD Master Plan and MPD Terms and Conditions document. 2. Approval of an MPD Master Plan shall establish a vested right in accordance with N.C.G.S. §§ 153A- 344.1(c) and (d). b. Minor Deviations Subsequent applications for development within a master planned development district may include minor modifications from the approved MPD Master Plan and MPD Terms and Conditions document, provided such modifications have no material effect on the character of the approved development. Changes in the following constitute minor modifications that may be approved by the Planning Director: 1. Modifications in building placement, provided the placement does not decrease approved setbacks by more than 10 percent; 2. Increases to building size and height not to exceed 10 percent provided all other applicable standards of this Ordinance are met; 3. Modifications to structure floor plans; 4. Modifications to the driveway locations not exceeding 10 percent of the length of the subject property line, or as required by the North Carolina Department of Transportation; and 5. Modifications to the proportion of housing type not to exceed 10 percent. c. Expiration 1. If no building permit has been issued for the land approved as a master planned development district within two years of the date of approval, the Planning Director may, at the Planning Director's discretion, schedule a hearing for the Planning Board to consider whether active efforts are proceeding in accordance with the approved master planned development. If the Planning Board 13 Board of Commissioners - September 8, 2020 ITEM: 10- 3 - 39 2020 -09 Board of Commissioners Hearing Draft - Planned Development (PD) District Revisions determines that such efforts are not proceeding, the Board may, at the Board's discretion, initiate a Zoning Map amendment in accordance with Section 10.3.2, Zoning Map Amendment, to rezone the master planned development district to its classification prior to approval, or to another zoning district the Board determines is appropriate. 2. A landowner may request, and the Planning Director may grant, one, one -year extension of the two -year time period established in subsection 1 above if the Planning Director determines that site conditions have not substantially changed since the approval of the master planned development district. The applicant must submit the request in writing prior to the expiration of the time period. 3. If site conditions have substantially changed since the approval of the master planned development district, a landowner may request and the Board of Commissioners may grant, at a regularly - scheduled public meeting, one extension not to exceed three years, of the two -year time period established in subsection 1 above. The applicant must submit the request in writing prior to the expiration of the time period. D. Master Planned Development Review Standards The advisability of establishing a master planned development district is a matter committed to the legislative discretion of the Board of Commissioners. In determining whether to approve a proposed master planned development district, the Board of Commissioners shall consider the review standards for Zoning Map amendments in Section 10.3.2.C, Zoning Map Amendment Review Standards. The Board of Commissioners shall not approve a master planned development district unless it complies with the requirements in Section 3.3.3, General Requirements for Mixed Use Zoning Districts, and the standards that apply to the specific master planned development district set forth in Section 3.3, Mixed Use Zoning Districts. 14 Board of Commissioners - September 8, 2020 ITEM: 10- 3 - 40 2020 -09 Board of Commissioners Hearing Draft-Self- Storage Design Standards Section 2.3 Definitions and Terms MINI - WAREHOUSE /SELF - STORAGE A facility in which storage space such as rooms, lockers, and /or containers (storage units) are rented to tenants, usually on a short -term basis (month -to- month), for profit. The term .does not 0RGl de a itldoep storage outside of a pepmaReRt 6 461Gt ,ro. The facility may include outdoor storage areas for boats and recreational vehicles (RVs) that are licensed and in operable condition. 4.3.4 COMMERCIAL USES C. Commercial Services 2. Mini - Warehouse /Self Storage When located in the B -2 District or UMXZ District or when established on a lot having frontage on Market Street, Carolina Beach Road, College Road, or Castle Hayne Road, mini - warehouse /self - storage facilities shall comply with the following standards: a. Except as otherwise authorized in this subsection, all property stored on the site shall be enclosed entirely within enclosed buildings. b. A minimum of ten percent of the area of each building fagade that faces a public or private street, a shared parking area, a pedestrianway, or designated open space shall consist of transparent windows or doors. For purposes of this requirement, portions of a fagade that are screened from view at ground level from the street, parking area, pedestrianway, or open space, as applicable, shall not count toward the building fagade area. c. The color of building exteriors visible from ground level view from the street or from abutting properties at ground level shall be natural tones found as predominant colors in the natural environment, such as muted tones of green, brown, beige, yellow, or tan. The use of colors on a building exterior that are significantly more intense, vibrant, or bright compared to nearby properties so as to call attention to the establishment is prohibited. c. The use of metal as a primary material is prohibited on perimeter or exterior walls that are visible from an arterial street or from a residential district or existing residential development. d. The only commercial uses permitted on -site shall be the rental of storage space, the pickup and deposit of goods or property in dead storage, and the sale or rental of goods incidental to on -site storage (e.g., boxes, tape, and labels). Board of Commissioners - September 8, 2020 ITEM: 10- 3 - 41 2020 -09 Board of Commissioners Hearing Draft-Self- Storage Design Standards e. Outdoor storage shall be limited to the storage of licensed and operational recreational vehicles and boats. Such storage shall: 1. Be located to the rear of a principal structure; 2. Be screened from all public rights -of -way and abutting properties by a fence or wall and vegetation that complies with the design requirements for a Combination Planted Buffer Strip and Fencing type of transitional buffer, 3. Limit the height of any boat or recreational vehicle located within 45 feet of a property line to a maximum of 12 feet and any other boat or recreational vehicle to a maximum of 14 feet; 3. Be limited to a specific delineated area which does not interfere with on -site vehicular circulation; 4. Not exceed 20 percent of the buildable area of the site; and 5. Not include any dry stacking of boats (dry stacking of boats is prohibited). 2 Board of Commissioners - September 8, 2020 ITEM: 10- 3 - 42