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HomeMy WebLinkAboutAgenda 2020 10-05NEW 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 OCTOBER 5, 2020 4:00 PM MEETING CALLED TO ORDER (Chair Julia Olson - Boseman) INVOCATION (Reverend Carol Jones, St. John's AME Church) PLEDGE OF ALLEGIANCE (Commissioner Woody White) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Acknowledgement of New Hanover County State of Emergency and Termination of the State of Emergency in the County of New Hanover Proclamations for Hurricane Isaias 3. Adoption of Indigenous Peoples' Day Proclamation 4. Adoption of National Cybersecurity Awareness Month Proclamation 5. Adoption of National Breast Cancer Awareness Month Proclamation 6. Adoption of National Substance Abuse Awareness Month Proclamation 7. Adoption of National 4 -H Week Proclamation 8. Approval of Eight Donations for Accession into the Museum's Permanent Collection 9. Adoption of a Resolution to Dispose of Surplus Property According to Procedures Outlined in North Carolina General Statute Chapter 160A- Article 12 10. Approval of August 2020 Tax Collection Reports 11. Approval of the 2021 Schedule of Values ESTI MATED MINUTES REGULAR AGENDA ITEMS OF BUSINESS 30 12. NHRMC and Novant Partnership 40 13. Public Hearing Rezoning Request (Z20 -13) - Request by Design Solutions on Behalf of the Property Owner, Desirable Properties, LLC, to Rezone Approximately 31.31 Acres of Land Located at the Northwest Corner of Sidbury Road and Dairy Farm Road from R -15, Residential District, to (CZD) RMF -L, Conditional Residential Multi- Family Low Density, in Order to Develop a Multi- Family Project Consisting of 288 U nits 40 14. Public Hearing Board of Commissioners - October 5, 2020 Rezoning Request (Z20 -15) — Request by Design Solutions on Behalf of the Property Owner, Redland Development Incorporated, to Rezone Approximately 7.15 Acres of Land Located at 8814 Market Street (Hwy 17), North of Futch Creek Road, From R -15, Residential District, and B -1, Neighborhood Business, to (CZD) RMF -L, Conditional Residential Multi- Family Low Density District, and (CZD) CB, Conditional Community Business District, in Order to Construct a 60 -U nit Townhome Development and an 8,000 Square Foot Retail /Office /Personal Service Building 40 15. Quasi - Judicial Hearing Special Use Permit Request (S -603M) - Request by the Law Offices of Matthew A. Nichols on Behalf of the Property Owner, Plantation Village Inc., to Modify the Special Use Permit for the Plantation Village Continuing Care Retirement Community to Allow for the Redevelopment of the Eastern Portion of the Community and to I ncrease the Maximum Number of Units to 330. PUBLIC COMMENTS ON NON - AGENDA ITEMS (limit three minutes) ESTIMATED MINUTES ADDITIONAL AGENDA ITEMS OF BUSINESS 16. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 17. 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 - October 5, 2020 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 10/5/2020 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 September 21, 2020 RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - October 5, 2020 ITEM: 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 10/5/2020 Consent DEPARTMENT: Governing Body PRESENTER(S): Chair Olson - Boseman CONTACT(S): Chris Coudriet, County Manager; Kym Crowell, Clerk to the Board; and Steven Still, Emergency Management Director SUBJECT: Acknowledgement of New Hanover County State of Emergency and Termination of the State of Emergency in the County of New Hanover Proclamations for Hurricane Isaias BRIEF SUMMARY: On August 3, 2020 at 11:00 a.m. due to the approaching Hurricane Isaias Chair Olson - Boseman signed into effect the New Hanover County State of Emergency Proclamation to be effective at 12:00 p.m. on August 3, 2020. Staff is asking for the Board's acknowledgement of the state of emergency and termination of the same at this time because there are no ongoing emergency protective measures to include completion of debris removal. On October 5, 2020 at 4:00 p.m., having determined that a state of emergency no longer exists, the Chair is being asked to sign into effect the proclamation terminating the New Hanover County State of Emergency in connection with Hurricane Isaias. RECOMMENDED MOTION AND REQUESTED ACTIONS: Acknowledge the State of Emergency Proclamation dated August 3, 2020 and the Termination of the State of Emergency Proclamation dated October 5, 2020 for Hurricane Isaias. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - October 5, 2020 ITEM: 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS PROCLAMATION OF STATE OF EMERGENCY: ISAIAS Section 1: Pursuant to New Hanover County Code Chapter 17, Article III, Section 17.71 and Section 17.72, and North Carolina General Statutes Chapter 166A, Article 1A, 166A- 19.22, the New Hanover County Board of Commissioners has determined that a State of Emergency as defined in the New Hanover County Code Section 17.71 exists throughout New Hanover County. Section 2: Therefore, the New Hanover County Board of Commissioners proclaims the existence of a State of Emergency in New Hanover County. Section 3: The New Hanover County Board of Commissioners hereby orders all county -wide law enforcement officers, employees and emergency management personnel to cooperate in the enforcement and implementation of the provisions of the county /municipal emergency ordinances. Section 4: Emergency protective measures shall be announced as necessary. Section 5: This proclamation shall become effective Monday, August 3, 2020 at 12:00 p.m. Adopted this the 3rd day of August 2020, at I i # DD a.m. (SEAL) Juli Olson - Boseman, C air Board of County Commissioners K""� a. a4ciwO KyAderleigh G. C00well Clerk to the Board Board of Commissioners - October 5, 2020 ITEM: 2 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 Government Center Drive, Suite 175, Wilmington, NC 28403 P: (910) 798 -7149 1 F: (910) 798 -7145 1 NHCgov.com Jonathan Barfield, Jr., Chairman I Julia Olson - Boseman, Vice - Chairwoman Patricia Kusek, Commissioner I Woody White, Commissioner I Rob Zapple, Commissioner TERMINATION OF STATE OF EMERGENCY IN THE COUNTY OF NEW HANOVER WHEREAS, on Monday, August 3, 2020, due to the approaching Hurricane Isaias, the New Hanover County Board of Commissioners determined and proclaimed a local state of emergency for the County of New Hanover; and WHEREAS, the New Hanover County Board of Commissioners has determined that a state of emergency no longer exists in the County of New Hanover; NOW THEREFORE BE IT RESOLVED that the above - referenced proclamation of a local state of emergency and all of the restrictions and orders therein are hereby terminated effective October 5, 2020. ADOPTED this the 5th day of October, 2020. (SEAL) Julia Olson- Boseman, Chair Kymberleigh G. Crowell Clerk to the Board Board of Commissioners - October 5, 2020 ITEM: 2 - 2 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 10/5/2020 Consent DEPARTMENT: Count er PRESENTER(S): Velva Jenkins, Chief Executive Officer, YWCA of the Lower Cape g CONTACT(S): Chris Coudriet, County Manager SUBJECT: Adoption of Indigenous Peoples' Day Proclamation BRIEF SUMMARY: The YWCA of the Lower Cape Fear is driven by the mission to eliminate racism, empower women and promote peace, justice, freedom and dignity for all. A proclamation is submitted for consideration to recognize the second Monday in October as Indigenous Peoples' Day 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 -1, Commissioner White voting in opposition. Board of Commissioners - October 5, 2020 ITEM: 3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS INDIGENOUS PEOPLES' DAY PROCLAMATION WHEREAS, Indigenous Peoples' Day was first proposed in 1977 by a delegation of Native Nations to the International Conference on Discrimination Against Indigenous Populations in the Americas; and WHEREAS, a growing number of American cities have recognized the second Monday of October as "Indigenous Peoples' Day ", reimaging Columbus Day as an opportunityto celebrate indigenous resiliency; and WHEREAS, New Hanover County recognizes the historical importance of the Indigenous Peoples' lands that later became known as the Americas, including the lands which became known as North Carolina; and WHEREAS, the state of North Carolina recognizes the fact that New Hanover County is built upon lands first inhabited by the Indigenous Peoples of this region; and WHEREAS, this County values the many contributions made to our community through Indigenous Peoples' knowledge, stewardship of these lands, labor, technology, science, philosophy, arts, and the deep cultural contribution that has substantially shaped the character of the County. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that the second Monday of October 2020 will be recognized as "Indigenous Peoples' Day' in New Hanover County. Public institutions, businesses, and organizations are strongly encouraged to recognize and support Indigenous Peoples' Day, reaffirming the County's commitment to demonstrating appreciation of North Carolina's first peoples. ADOPTED this the 5t" day of October, 2020. NEW HANOVER COUNTY Julia Olson - Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - October 5, 2020 ITEM: 3 - 1 - 1 Consent DEPARTMENT: CONTACT(S): SUBJECT: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 10/5/2020 IT PRESENTER(S): Leslie Chaney Leslie Chaney, Chief Information Officer Adoption of National Cybersecurity Awareness Month Proclamation BRIEF SUMMARY. IT has submitted a proclamation for the board's consideration to recognize October 2020 as National Cybersecurity Awareness 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 5 -0. Board of Commissioners - October 5, 2020 ITEM: 4 New Hanover County Board of Commissioners National Cybersecurity Awareness Month Proclamation WHEREAS, New Hanover County must be diligent in taking actions and measures to ensure and enhance security, and identify, prevent, protect against, and respond to cyber threats to security and privacy; and WHEREAS, the prevalence of malware, cyberattacks, and other virtual threats targeted at internet users and the County's information technology infrastructure are increasing by the day, and ransomware attacks on government infrastructure and services nationwide have spiked; and WHEREAS, critical infrastructure sectors are increasingly reliant on information systems and technology to support financial services, energy, telecommunications, transportation, utilities, health care, and emergency response systems; and WHEREAS, monitoring accounts, being conscientious of what is shared online, keeping computer software up to date, creating unique passwords and changing them regularly per the County Password Policy, installing anti -virus programs and firewalls, and using mobile devices safely are ways to provide protection from phishing, viruses, malware, and loss of sensitive data; and WHEREAS, the "STOP. THINK. CONNECT." campaign serves as the national cybersecurity public awareness campaign with this year's theme "Do Your Part. #BeCyberSmart. ", which is implemented through several agencies working together to increase the understanding of cyber threats and empowering citizens, students, and employees to be safer and more secure online; and WHEREAS, maintaining the security of the County's network is a shared responsibility in which each employee has a critical role to play and awareness of computer security essentials will improve the security of the County's information, infrastructure, and economy. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that October 2020 be recognized as " Cybersecurity Awareness Month" in New Hanover County. ADOPTED this the 5th day of October, 2020. NEW HANOVER COUNTY Julia Olson - Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - October 5, 2020 ITEM: 4 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 10/5/2020 Consent DEPARTMENT: Health and Human Services PRESENTER(S): Carla Turner, Assistant Health Director CONTACT(S): Carla Turner SUBJECT: Adoption of National Breast Cancer Awareness Month Proclamation BRIEF SUMMARY. In October, New Hanover County recognizes National Breast Cancer Awareness Month. Citizens are encouraged to wear pink ribbons in recognition of breast cancer awareness in honor of women who are courageously fighting the battle against breast cancer. Further, women are encouraged to consult with their health care providers about regular screenings to promote early detection of breast cancer through clinical breast examinations, mammograms and practicing monthly breast self examinations. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - October 5, 2020 ITEM: 5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS NATIONAL BREAST CANCER AWARENESS MONTH PROCLAMATION WHEREAS, it is estimated that more than 11,315 women in North Carolina will be diagnosed with breast cancer in 2020. Of these 11,315 women, 1,501 will die from the disease, and approximately 260 of the diagnosed cases will be in New Hanover County; and WHEREAS, one in eight North Carolina women are at risk for developing breast cancer within their lifetime. Breast cancer is the second most common form of cancer and the second leading cause of cancer death for women in the United States; and WHEREAS, with routine mammogram screening and follow -up testing, the disease can be detected early and can be more effectively treated; and WHEREAS, being aware of the health information, education, treatment, and support available can help individuals receive appropriate care and access resources to improve their quality of life; and WHEREAS, community organizations, local health departments, churches, and job sites can play a key role in educating the public, members, or employees about breast cancer; and WHEREAS, October is designated as National Breast Cancer Awareness Month; and WHEREAS, the Pink Ribbon is the internationally recognized symbol of breast cancer awareness; and WHEREAS, the County encourages people to recognize that breast cancer is treatable and that routine screening and early detection can save lives. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that October 2020 will be recognized as "National Breast Cancer Awareness Month" in New Hanover County. The Board of Commissioners encourages the citizens to wear pink ribbons in recognition of breast cancer and in honor of women who are courageously fighting the battle with breast cancer. The Board further encourages women to consult with their health care providers about regular screenings and to promote early detection of breast cancer by having regular clinical breast examinations, getting regular mammograms, and practicing monthly breast self- examination. ADOPTED this the 5t" day of October, 2020. NEW HANOVER COUNTY Julia Olson- Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - October 5, 2020 ITEM: 5 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 10/5/2020 Consent DEPARTMENT: Health and Human Services PRESENTER(S): David Howard, Assistant Health Director CONTACT(S): David Howard SUBJECT: Adoption of National Substance Abuse Awareness Month Proclamation BRIEF SUMMARY. In October, National Substance Abuse Awareness Month is recognized in New Hanover County. All residents are invited to reflect and raise awareness on the role substance use disorder plays in community health. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - October 5, 2020 ITEM: 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS NATIONAL SUBSTANCE ABUSE AWARENESS MONTH PROCLAMATION WHEREAS, prevention and recovery from substance use disorder is possible through sound prevention, education, intervention, and quality treatment; and WHEREAS, the 2018 National Survey on Drug Use and Health reported approximately 20.3 million people over the age of 12 had a substance use disorder in the past year; and WHEREAS, an estimated 19.1 percent of the adult population in the U.S. had a mental illness in the past year; and WHEREAS, symptoms of mental illness can be masked or exacerbated by substance use, both sharing common factors and risks, that should be assessed and treated together when possible; and WHEREAS, risk for developing substance use is elevated for individuals who have had a high number of traumatic or challenging experiences in childhood, therefore needing increased access to prevention, education, intervention, and treatment; and WHEREAS, the development of substance use disorder and mental disorders are serious public health concerns that evidence -based prevention can prevent and reduce, and quality treatment can heal; and WHEREAS, educating family, friends, and our community about how substance use disorder affects all residents in New Hanover County is essential to combat misconceptions and build effective grassroots and professional services solutions. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that October 2020 will be recognized as "National Substance Abuse Awareness Month" in New Hanover County, and that all residents are invited to reflect and raise awareness on the role substance use disorder plays in community health. The Board commends this observance to all residents and urges that all residents and community organizations join in this observance. ADOPTED this the 5` day of October, 2020. NEW HANOVER COUNTY Julia Olson- Boseman, Chair /e11119*11 l Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - October 5, 2020 ITEM: 6 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 10/5/2020 Consent DEPARTMENT: Cooperative Extension Service PRESENTER(S): J. Scott Enroughty, Extension Agent, 4 -H CONTACT(S): Sheryl Kelly, Assistant County Manager SUBJECT: Adoption of National 4 -H Week Proclamation BRIEF SUMMARY: National 4 -H Week is held every year during the first full week of October. Celebration for this event can be customized specifically to the 4 -H club or county. This may include planning educational events, special celebrations, community services events, etc. The theme, Inspire Kids to Do, gives kids more opportunities to do, empowering them with the skills they need to succeed in life and career. This year, North Carolina 4 -H is encouraging not only youth, but also parents, volunteers, alumni, and professionals to join in the celebration! Check out National 4 -H Week — 2020 Opportunity4All to learn how to join North Carolina 4 -H activities and programs. Join this year's celebration on social media using #NHC4H and #NC4H, and show us how you are celebrating! Follow New Hanover County 4 -H on Facebook and Twitter. For more ways to get involved or to find celebration events in your community, contact J. Scott Enroughty, New Hanover County 4 -H Agent at scott_enroughty @ncsu.edu or 910- 798 -7660. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - October 5, 2020 ITEM: 7 NEW HANOVER COUNTY BOARD OF COMMISSIONERS NATIONAL 4 -H WEEK PROCLAMATION WHEREAS, 4 -H youth across the nation are leading efforts to solve problems in their communities and make a difference for their futures; and WHEREAS, 4 -H is the largest youth development organization in North Carolina and the largest in the nation with over six million participants; and WHEREAS, 4 -H in North Carolina claims 261,210 youth members and 16,789 volunteers, while New Hanover County 4 -H program numbers more than 100 members and more than 21 volunteers; and WHEREAS, 4 -H as part of the NC Cooperative Extension System of NC State University and NCA &T State University is a program where youth learn through opportunities that provide them hands -on experiences in 4 -H's mission mandates of science, engineering, technology, healthy living, and citizenship; and WHEREAS, 4 -H has connected youth and their communities with the innovative research and resources from our nation's 106 land -grant universities and colleges for more than 101 years. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that October 4 -10, 2020 will be recognized as "National 4 -H Week" in New Hanover County. The Board urges the people of this County to take advantage of the opportunity to become more aware of this special program that enhances our young people's interests in their futures as part of New Hanover County 4 -H Youth Development and to recognize the unique partnership between the County and the state university system. ADOPTED this the 5t" day of October, 2020. NEW HANOVER COUNTY Julia Olson - Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - October 5, 2020 ITEM: 7 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 10/5/2020 Consent DEPARTMENT: Museum PRESENTER(S): Heather Yenco, Curator CONTACT(S): Heather Yenco SUBJECT: Approval of Eight Donations for Accession into the Museum's Permanent Collection BRIEF SUMMARY: The museum collects objects pertaining to the history, science, and cultures of the Lower Cape Fear region. Submitted for approval are eight donations to be added to the museum's permanent collection. Donations are carefully documented. The curator reviews each item's provenance, condition, relevance to the collection, potential for exhibition, and room required for storage. A report on each object is reviewed carefully by the director and collections committee. The objects presented have passed this scrutiny and were approved by the Museum Advisory Board at the meeting on September 16, 2020. Essential employee documents, 2020 Essential employee letter, 2020 Homemade mask, 2020 Homemade shopping cart handle, 2020 Economic recovery letter, 2020 Hugh MacRae Park signs and banner, 2000s -2020 Bible and citizenship papers, 1880s Family papers and aviation objects, 1930s -2014 Each item offered has a special story to preserve and they help to document 300 years of the region's history. RECOMMENDED MOTION AND REQUESTED ACTIONS: Move to accept eight donations of regional artifacts into the Cape Fear Museum's Permanent Collection. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - October 5, 2020 ITEM: 8 NHC Commissioners Acquisition Proposals October 5, 2020 Board Meeting OBJ. DATE OBJECTS PROVENANCE / MISSION 2020 -documents These documents from a local business deemed essential during the coronavius pandemic, to show that employees were allowed to be traveling during statewide stay-at-home orders. Duncan PLEASE A As an essential provider to the construction, government and manufacturing industries, select Duncan - Parnell employees are necessary in order to support the continuation of crifical projects. 2020 -letter This letter was given to a person deemed an essential employee during the coronavirus pandemic, to show that he was allowed to be traveling during statewide stay-at-home orders. 0alcami I Board of Commissioners - October 5, 2020 ITEM: 8 - 1 - 1 NHC Commissioners Acquisition Proposals October 5, 2020 Board Meeting 2020 -mask This handmade mask was made to be used during the coronavirus pandemic. 2020 - shopping cart This handmade shopping car handle cover was made to be used during the coronavirus pandemic. handle cover 2020 -letter This letter confirmed the arrival of economic recovery money sent to Americans during the coronavirus pandemic. THE WHITE HOUSE ti'our Economic mpncl Pa. cl Ilan ��elvM Iv FGlnx Miencui. nr'mal ur ixuJe iPU�llc nilGtta e.M1vllm n mid cf Nec uniJnmvc flurl�np Prla Rir€4fn .ofrry -,y nup@e rivbk en _ - - ciiV:u�vrvimJcilM1cc rn pm .. of iEe uxM1m�l nk Vy'e am Cull.0 needm vu rme�Jim _ M _ •cN _ ry ,el Ih,,I . EJuM.oali?- enFn31 wi0io u.M1olmung M1llwr rcilm xelicY - nl an), ­l ­Al med indi law nm lhilnk ic. L'oilnl Sw4 IlunvRnixryncicntvJ�'.�yaJ IIm LaiEe vmx. vciau fm':aml;iil5m4uicicly rilM1 mEadmMi mmian m IDc1- veukwie.8� in'llinn in mn «ueatl2tl ewuowic relief N Inc . maican ycoyle, ' I'M1ls iiiclud. h,­1 1­1 m.nmmrcgeeinnnu I, nnplz.d tom ir,yv..IFwn.pv.ei�dv G�CNZ65 Atl you uR RCC ving an n I P rmi nfe Inc _ c P I '�rcnr µ�3ee, ,f I. plan y d '�IlJapmJ nild tvkcl w:Joa Im'dai - ge .cud co nfnuc c; ewnpl.'L1M1me a�ili.e. Jnen cpyn mPn yn n,y'w - -wlm ie ne�'M1eiµM1Ce.4f gramc3s..0 meux ckWLnys -ntl c�u; IM' r. w.. �oacnrM�_MVry ..8. ' �IIAni ,ie.se ,. ..rpemv.. Ncs,AOrlbiiu'A f. Sainip �u Ec�mumic lmpem - nr.plcv y'nlr fRA eo rurvv ¢w ur 2 Board of Commissioners - October 5, 2020 ITEM: 8 - 1 - 2 NHC Commissioners Acquisition Proposals October 5, 2020 Board Meeting 2020 -park signs These items document the renaming of Hugh MacRae Park and the protests leading up to its name change. - banner AlPxantler manis I?axv 3 Board of Commissioners - October 5, 2020 ITEM: 8 - 1 - 3 k NHC Commissioners Acquisition Proposals October 5, 2020 Board Meeting 1880s - German bible These items are from a German immigrant to Wilmington who worked as a tailor on Market Street. - citizenship papers — — - - - tailors certificate fl 9 'III,I I .. .... . ifs I 1930s -2014 - personal papers These items document Anna Pennington's life as a pilot and aircraft enthusiast. and objects ^ f77TJn 4 Board of Commissioners - October 5, 2020 ITEM: 8 - 1 - 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 10/5/2020 Consent DEPARTMENT: Finance PRESENTER(S): Lisa Wurtzbacher, Chief Financial Officer and Sara Warmuth, Chief Facilities Officer CONTACT(S): James Derseraux, Equipment Shop Superintendent and Tamara Matthews, Purchasing Agent SUBJECT: Adoption of a Resolution to Dispose of Surplus Property According to Procedures Outlined in North Carolina General Statute Chapter 160A- Article 12 BRIEF SUMMARY: Chapter 160A- Article 12 of the North Carolina General Statutes governs the sale and disposition of surplus property. Currently, the county has certain supplies, materials, equipment, and apparatus that are surplus to its operations. A complete list of these items including a description is attached as Exhibit "A ". Following board approval, non -profit organizations will have the opportunity to inspect and purchase certain property prior to being sold by auction. Afterwards, all remaining property will be disposed of according to the procedures prescribed in Chapter 160A- 270(c) which authorizes the disposal of personal property electronically using an existing private or public electronic auction service. Staff proposes to utilize the services of GovDeals, an online internet based provider servicing governmental entities. Any items not sold electronically will be disposed of by any other method authorized by the statutes including discarding. RECOMMENDED MOTION AND REQUESTED ACTIONS: Declare property surplus and adopt resolution authorizing the sale of the equipment electronically using GovDeals or disposal by any other method authorized by NC General Statutes including discarding. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - October 5, 2020 ITEM: 9 PUBLIC NOTICE New Hanover County's Board of Commissioners adopted a resolution at their meeting on Monday, October 5, 2020, declaring certain personal property surplus to the County's operations. Non - profit organizations will have an opportunity to inspect and purchase certain property prior to being sold to the general public. Any non - profit organization interested in viewing the property should contact James Derseraux at 910 -798- 4321 or email at JDerseraux@nhcgov.com . Non - profits may take advantage of this opportunity beginning Thursday, October 8, 2020 through Thursday, October 15, 2020. Any remaining property will be offered for sale Tuesday, October 20, 2020 through Tuesday, November 3, 2020 using GovDeals, a company who provides online auction services to governmental entities. Registration is required for bidding. All items are sold "as is," and the acceptable methods of payment are cash, money order, cashier's check, and credit card. Please review the terms and conditions prior to bidding. For questions about using the GovDeals website, please contact GovDeals at (800) 613 -0156. View a complete list of the available surplus items here. New Hanover County reserves the right to remove any items from this list at any time. Board of Commissioners - October 5, 2020 ITEM: 9 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION DISPOSAL OF SURPLUS PROPERTY WHEREAS, New Hanover County owns certain personal property itemized on attached Exhibit A that is no longer functional for governmental purposes; and WHEREAS, the New Hanover County Board of Commissioners is desirous of declaring the property surplus and disposing of the property as authorized by North Carolina General Statute (NCGS) 160A- Article 12; and WHEREAS, following the Board's approval, the Board wishes to allow non - profit organizations the opportunity to inspect and purchase the property prior to being sold by public auction; and WHEREAS, all remaining property will be disposed of according to the procedures prescribed in Chapter 160A- 270(c) which authorizes the disposal of personal property electronically using an existing private or public electronic auction service; and WHEREAS, items not sold by electronic auction will be disposed of using any other method authorized in the NCGS 160A- Article 12 including discarding the items. NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners as follows: 1. The personal property itemized on the attached Exhibit A is hereby declared to be surplus property. 2. The Chief Financial Officer's designated representative, pursuant to the provisions of G.S. 160A -270 (c), is hereby authorized to dispose of the personal property listed by electronic public auction and any property not sold by electronic means may be disposed of using any other method authorized by the NCGS 160A- Article 12, and that said representative be further authorized and directed to execute necessary documents, transfer title, add /delete items from the surplus list, and perform all necessary functions associated with this disposal. 3. Non - profit organizations will be given the opportunity to inspect and purchase the property prior to being sold by public auction. 4. All surplus property will be sold "as is," all sales will be final. New Hanover County makes no express or implied warranties of merchantability of any surplus property, or part thereof, or its fitness for any particular purpose regardless of any oral statements that may be made concerning the surplus property or any part thereof. 5. A notice summarizing this resolution and the sale of the surplus property shall be advertised on the county's website and /or in the Wilmington Star News at least ten (10) days prior to the electronic public auction. ADOPTED this the 5th day of October, 2020. NEW HANOVER COUNTY Julia Olson - Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - October 5, 2020 ITEM: 9 - 2 - 1 SURPLUS AUCTION LIST 20 -21 I ExhibitA-Auction List October 5, 2020 Auction # FA # Serial # Contact Name Department Description Mileage Reason for Disposal 171 20256 1FTSS3ES6EDA04116 James Derseraux Sheriff 2014 Ford E -350 van 274,998 High maintenance cost, high mileage, engine requires replacement or extensive work, age of vehicle. Body is in fair shape. Will replace with new equipment with approved budget. 172 016879 -00 4S7HR1091VCO21795 Nick Buckner County Fire 1997 Fire Truck, Ferrara /Spartan, 1250 gpm pump, 1000 5,460 hours High maintenance cost, engine requires turbo replacement and there gallon truck, Class A Pumper are major air leaks. Will replace with new equipment with approved budget. 173 M0220CA011634 James Derseraux Parks & 2008 John Deere 220C walk behind greens mower Hours Equipment removed from service, no longer used. In good condition. Gardens unknown Will not be replaced with new equipment. 174 016166 1M04X25JLBM061660 James Derseraux Parks & 2011 John Deere 4x2 TS Gator UTV 4200 hours Engine mechanical failure, does not run /start, high maintenance cost. Gardens Will be replaced with new equipment when funds become available. 175 990194 James Derseraux Parks & 1999 Toro Dingo Mini -Skid with attachments and 1999 Haulin 29 hours Equipment removed from service, no longer used, age of equipment. Gardens Equipment Trailer (Serial# ALZRS122XXA000639) Dingo Runs. Equipment will not be replaced. Specific 176 016159 68VX1128900 James Derseraux Sheriff 2011 Yamaha outboard boat motor, 4 stroke, F115XA 2000 hours Equipment removed from service, needs repairs, throttle /shifting problems. Equipment will replace with new equipment with approved budget. 177 1031 James Derseraux Vector Alamo Industrial Flail Axe FA 48 Mower Attachment. Serial n/a Equipment removed from service, no longer used. Hydraulic hoses Number 01031. are good, has some rust. Will not be replaced with new equipment. 178 James Derseraux Vector 48" side mount pull behind mower deck n/a Equipment removed from service, no longer used. This equipment will not be replaced. Good condition. 179 James Derseraux Vector 48" center mount pull behind mower deck n/a Equipment removed from service, no longer used. This equipment will not be replaced. Good condition. 180 James Derseraux Vector Dayton 5NP21 Pallet Jack 3,000 lbs. n/a Equipment removed from service, hydraulic pump must be replaced, pump has been previously replaced and not cost effective to repair. This equipment will not be replaced. 181 James Derseraux Vector 2" Briggs & Stratton Water Pump, Model # 135232, Shp n/a Equipment removed from service, carburetor must be replaced, not engine cost effective to repair, age of equipment. This equipment will be replaced when funds are available. 182 101446 James Derseraux Vector Clarke Grizzly Brand, Pesticide Application Equipment, Serial n/a Equipment removed from service, outdated software, replaced with Number 101446 new equipment. Good condition. 183 1070, 12375 James Derseraux Vector Alamo HDF48 grass mower attachment with rear mount. n/a Equipment removed from service, cylinders must be replaced, hoses Serial Number 02375. are in good condition, high maintenance cost, age of equipment. Equipment will not be replaced. 184 James Derseraux Sheriff Lot of Downed Vehicle Equipment: watch dog in car video n/a Sold to Law Enforcement only, equipment removed from downed system, drills, light bars, speakers, strobe power supply, vehicles no longer in service. Equipment is in poor condition. This strobe blue lights, maglites with charger, cages, siren boxes, equipment will not be replaced. rear deck lights, blue lights, switch boxes, slimlights, jump boxes, miscellaneous command box brackets, miscellaneous setina metal brackets, miscellaneous center console parts for 2020 Dodge Durango, miscellaneous interior panels (clack) of 2020 Dodge Durango. 185 Nick Buckner County Fire Hand cranked air reels n/a Equipment removed from service, no longer used. Good condition. Equipment will not be replaced. 186 Nick Buckner County Fire Lot of miscellaneous lighting and electrical equipment, airpack n/a Equipment removed from service, no longer used, obsolete, in fair parts, truck parts, fire equipment condition. 187 Nick Buckner County Fire Command console for SUV n/a Vehicle has been removed from service. Equipment is in good condition. Will not be replaced with new equipment. Board of Commissioners - October 5, 2020 AUCTION LIST 2020 (3) Page 1 of 2, 9/25/2020, 11:08 AM ITEM: 9 - 3 - 1 SURPLUS AUCTION LIST 20 -21 I ExhibitA-Auction List October 5, 2020 Auction # FA # Serial # Contact Name Department Description Mileage Reason for Disposal 188 James Derseraux Emergency Lot of miscellaneous cabinets n/a Removed to make more room for social distancing in the Emergency Management Operations Center (EOC). In good condition. Will not be replaced with new cabinets. 189 M83981846, M91276694 James Derseraux Sheriff 2 white Amana electric dryers n/a Repairs are required, not cost effective because of age. Replaced with new equipment. 190 C95025193 James Derseraux Sheriff 1 white Amana electric washer n/a Repairs are required, not cost effective because of age. Replaced with new equipment. 191 150381 James Derseraux Sheriff 1 Silver Spaceman Ice Cream Machine, 1 black mini n/a Repairs are required for both pieces of equipment, not cost effective refrigerator to repair because of age. Replaced ice cream machine with new equipment. Will not replace mini refrigerator. 194 James Derseraux Senior Resource Lot, Teal Chairs n/a Chairs replaced with new furniture. Teal chairs are in very good Center condition. 195 James Derseraux Facilities Lot, miscellaneous chairs n/a Previously used by various County departments that are no longer Management used. Will not be replaced. Warehouse 196 James Derseraux Facilities Lot, miscellaneous desks n/a Previously used by various County departments that are no longer Management used. Will not be replaced. Warehouse 197 James Derseraux Facilities Lot, file cabinets, shelving n/a Previously used by various County departments that are no longer Management used. Will not be replaced. Warehouse 198 James Derseraux Facilities Lot, office supplies, miscellaneous lamps, microwave, white n/a Previously used by various County departments that are no longer Management board, calculator, tv, pedestal fan, microscope used. Will not be replaced. Warehouse 199 James Derseraux Facilities Lot, miscellaneous tables n/a Previously used by various County departments that are no longer Management, used. Will not be replaced. Warehouse 200 H510A1151304159, James Derseraux Sheriff Compressed air dryer, model #HPR5 -10, HPR 15 n/a Removed from service, no longer used, in fair condition, will not be H015A1151208057 replaced. 201 AA 241A402210575 James Derseraux Vehicle Milwaukee cordless impact wrench, battery jump box, Snap on n/a Equipment updated and replaced with new equipment. Management scan tool model MT -2500, software up to 2005 202 James Derseraux Facilities 46' flag pole, 2 pieces n/a Removed from service, in good condition, will not be replaced. Management 203 James Derseraux Facilities Lot, tables n/a Previously used by various County departments that are no longer Management used. Will not be replaced. Fair condition. Warehouse 204 James Derseraux Facilities Lot, chairs n/a Previously used by various County departments that are no longer Management used. Will not be replaced. Fair condition. Warehouse 205 011901 -00 iM213209C51PM011414 Kim Roane Landfill 1993 Mack Roll Off Truck 495,982 High maintenance cost, age of vehicle, fair condition, replaced with new equipment. 206 018879 -00 X026158X Kim Roane Landfill 1996 Champion 720A Series IV motor grader n/a Equipment removed from service, parts are no longer available, high maintenance cost, great condition but deck has some rust, equipment will not be replaced. 207 019060 ACM262487 Kim Roane Landfill 2006 New Holland TM155 tractor with 721b loader bucket and n/a Equipment removed from service, no longer used, great condition but bush hog 3715 flex wing mowing deck attachments mowing deck has some rust, equipment will not be replace. Board of Commissioners - October 5, 2020 AUCTION LIST 2020 (3) Page 2 of 2, 9/25/2020, 11:08 AM ITEM: 9 - 3 - 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 10/5/2020 Consent DEPARTMENT: Tax PRESENTER(S): Trina Lewis, Collections Supervisor CONTACT(S): Trina Lewis SUBJECT: Approval of August 2020 Tax Collection Reports BRIEF SUMMARY: NCGS 105 -350 requires the Tax Collector to submit a report showing the amount of taxes collected. Overall Collection Percentages for August 2020 are ahead of collections for August 2019. The report for August 2020 in comparison to August 2019 is as follows: New Hanover County August 2020 August 2019 Real Property 6.98% 5.25% Personal Property 0.11% 0.07% Motor Vehicle 100.00% 100.00% Overall Collection Rate 7.84% 6.18% Total Collected YTD $12,696,477.92 $9,783,863.26 New Hanover County Debt Service August 2020 August 2019 Real Property 6.97% 5.23% Personal Property 0.11% 0.07% Motor Vehicle 100.00% 100.00% Overall Collection Rate 7.83% 6.17% Total Collected YTD $1,672,693.47 $1,285,635.72 Grand Total Collected YTD $14,369,171.39 $11,069,498.98 New Hanover County Fire District August 2020 August 2019 Real Property 7.34% 5.47% Personal Property 0.02% 0.11% Motor Vehicle 100.00% 100.00% Overall Collection Rate 8.36% 6.629/o Total Collected YTD $831,744.95 $640,127.65 RECOMMENDED MOTION AND REQUESTED ACTIONS: Board of Commissioners - October 5, 2020 ITEM: 10 Approve the reports. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - October 5, 2020 ITEM: 10 New Hanover County Monthly Collection Report for August 2020 Current Year 2020 -2021 Scroll /Billed Abatements Adjustments Real Estate Personal Property Motor Vehicles Combined $ 149,945,569.96 $ (1,078.29) $ 743.67 $ 9,666,370.01 $ (70.82) $ 470.54 $ 2,221,002.26 $ $ $ 161,832,942.23 (1,149.11) 1,214.21 Total Taxes Charged Collections to Date *Refunds Write-off $ $ $ 149,945,235.34 10,476,742.93 17,035.52 $ $ 9,666,769.73 10,564.25 $ $ 2,221,002.26 2,221,002.26 $ $ $ $ 161,833,007.33 12,708,309.44 17,035.52 - Outstanding Balance $ 139,485,527.93 $ 9,656,205.48 $ - $ 149,141,733.41 Collection Percentage - 6.98 0.11 $ 100.00 $ 7.84 YTD Interest Collected $ 996.72 6,690,147.51 Collections to Date $ 4,207.28 $ 5,204.00 $ 11.94 $ 202,947.65 *Refunds $ 1,206.11 $ 521.33 Total 2020 -2021 Collections YTD 12,696,477.92 Prior Years 2010 -2019 Real Estate Personal Property Motor Vehicles Combined Scroll $ 1,802,044.87 $ 4,498,965.32 $ 402,846.95 $ 6,703,857.14 Abatements $ - $ (13,709.63) $ - $ (13,709.63) Adjustments $ - $ - $ - $ Total Levy $ 1,802,044.87 $ 4,485,255.69 $ 402,846.95 $ 6,690,147.51 Collections to Date $ 180,685.24 $ 22,250.47 $ 11.94 $ 202,947.65 *Refunds $ 1,206.11 $ 521.33 $ - $ 1,727.44 Write -off $ - $ - $ - $ - Outstanding Balance $ 1,622,565.74 $ 4,463,526.55 $ 402,835.01 $ 6,488,927.30 YTD Interest Collected $ 17,403.25 $ 1,867.64 $ 23.39 $ 19,294.28 Total Prior Year Collections YTD 220,514.49 Grand Total All Collections YTD $ 12,916,992.41 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - October 5, 2020 ITEM: 10-1 -1 New Hanover County Debt Service Monthly Collection Report for Augsut 2020 Current Year 2020 -2021 Total 2020 -2021 Collections YTD $ 1,672,693.47 Prior Years 2010 -2019 Real Estate Personal Property Motor Vehicles Motor Vehicles Combined Combined Scroll /Billed $ 19,785,958.25 $ 1,275,575.78 $ 293,077.32 $ 21,354,611.35 Abatements $ (142.29) $ (9.35) $ - $ (151.64) Adjustments $ 98.14 $ 62.10 $ - $ 160.24 Total Taxes Charged $ 19,785,914.10 $ 1,275,628.53 $ 293,077.32 $ 21,354,619.95 Collections to Date $ 1,378,239.25 $ 1,376.90 $ 293,077.32 $ 1,672,693.47 *Refunds - Write -off $ - $ - $ $ Write-off Outstanding Balance 1 $ 160,828.42 1 $ 274,173.45 1 $ $ 435,001.87 Outstanding Balance $ 18,407,674.85 $ 1,274,251.63 j $ - $ 19,681,926.48 Collection Percentage 6.97 0.11 100.00 7.83 YTD Interest Collected $ 129.47 1 $ 553.98 Total 2020 -2021 Collections YTD $ 1,672,693.47 Prior Years 2010 -2019 Total Prior Year Collections YTD *Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - October 5, 2020 ITEM: 10- 2 - 1 $ 28,961.72 Real Estate Personal Property Motor Vehicles Combined Scroll $ 183,590.02 $ 280,155.74 $ $ 463,745.76 Abatements $ - $ (1,881.76) $ (1,881.76) Adjustments $ - $ - Total Levy $ 183,590.02 $ 278,273.98 $ $ 461,864.00 Collections to Date $ 22,761.60 $ 4,100.53 $ $ 26,862.13 *Refunds $ - $ - $ $ - Write -off $ - $ - $ $ - Outstanding Balance 1 $ 160,828.42 1 $ 274,173.45 1 $ $ 435,001.87 YTD Interest Collected 1 $ 1,792.30 1 $ 307.29 1 $ 1 $ 2,099.59 Total Prior Year Collections YTD *Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - October 5, 2020 ITEM: 10- 2 - 1 $ 28,961.72 New Hanover County Fire District Monthly Collection Report for August 2020 Current Year 2020 -2021 Total 2020 -2021 Collections YTD 831,744.95 Prior Years 2010 -2019 Real Estate Personal Property Motor Vehicles Combined Scroll /Billed $ 9,010,119.52 $ 758,317.66 $ 169,089.92 $ 9,937,527.10 Abatements $ 113,568.63 $ (11.19) $ 24,031.75 $ (11.19) Adjustments $ 4,841.81 $ (9.06) $ - $ 4,832.75 Total Taxes Charged $ 9,014,961.33 $ 758,297.41 $ 169,089.92 $ 9,942,348.66 Collections to Date $ 662,005.73 $ 161.50 $ 169,089.92 $ 831,257.15 *Refunds $ 9,265.62 $ 1,111.56 $ 1.42 $ - Write -off $ - $ - $ - $ - Outstanding Balance $ 8,352,955.60 $ 758,135.91 $ - $ 9,111,091.51 Collection Percentage $ 7.34 $ 0.02 $ 100.00 $ 8.36 YTD Interest Collected $ 155.09 $ 157.77 $ 332.71 $ 487.80 Total 2020 -2021 Collections YTD 831,744.95 Prior Years 2010 -2019 Real Estate Personal Property Motor Vehicles Combined Scroll $ 113,568.63 $ 248,623.36 $ 24,031.75 $ 386,223.74 Abatements $ (599.97) $ - $ (599.97) Adjustments $ - $ - $ - Total Levy $ 113,568.63 $ 248,023.39 $ 24,031.75 $ 385,623.77 Collections to Date $ 9,265.62 $ 1,111.56 $ 1.42 $ 10,378.60 *Refunds $ - $ - $ - $ - Write -off $ - $ - $ - $ - Outstanding Balance $ 104,303.01 $ 246,911.83 $ 24,030.33 $ 375,245.17 YTD Interest Collected $ 1,012.18 $ 157.77 $ 3.09 $ 1,173.04 Total Prior Year Collections YTD 11,551.64 Grand Total All Collections YTD $ 843,296.59 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - October 5, 2020 ITEM: 10- 3 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 10/5/2020 Consent DEPARTMENT: Tax PRESENTER(S): Allison Snell, Tax Administrator CONTACT(S): Allison Snell SUBJECT: Approval of the 2021 Schedule of Values BRIEF SUMMARY: The Board heard a presentation on the proposed 2021 Schedule of Values at their September 21, 2020 meeting. A public hearing on the Schedule of Values was conducted at the September 21, 2020 meeting of the Board of Commissioners. The Schedule of Values is a standardized system and method of handling both data and the application of the three basic approaches to value to achieve equalization and uniformity in the valuation process. This will accomplish the county's goal of determiningjust and equitable values. The Schedule of Values must now be approved by the board. The 2021 Schedule of Values is available for review in the New Hanover County Tax Office. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the 2021 Schedule of Values. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - October 5, 2020 ITEM: 11 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 10/5/2020 Regular DEPARTMENT: County Manager PRESENTER(S): Chris Coudriet, County Manager CONTACT(S): Chris Coudriet SUBJECT: NHRMC and Novant Partnership BRIEF SUMMARY- In September 2019, the county commission adopted a resolution of intent to explore partnership opportunities for the county hospital operated by New Hanover Regional Medical Center, a non -profit corporation. After more than one year of public and transparent work and community input, the county administration recommends the board approve an asset purchase agreement between New Hanover County, New Hanover Regional Medical Center, the non -profit corporation, and Novant Health, a non -profit healthcare system. In addition to approving the asset purchase agreement, the county administration also recommends the commission terminate the existing lease agreement at closing with New Hanover Regional Medical Center, the non -profit corporation, because properties and facilities being leased would be sold by the county — making the lease no longer relevant. Finally, the county administration recommends the commission establish a 501c(3) non -profit corporation known as the New Hanover Community Endowment for the purposes of improving health and making other social services programs available to the community. The full "Use of Net Proceeds" (Exhibit C) is included in the asset purchase agreement to be approved by the board as well. The Partnership Advisory Group, a 21- member community group that has held 18 public meetings and conducted hundreds of hours of research and study regarding the hospital and a potential partnership since October 2019, has recommended that Commissioners approve the asset purchase agreement with Novant Health. The partnership also brings an expanded relationship with UNC Health for pediatric specialty services and UNC School of Medicine for graduate medical education, clinical training and research. The action, in its entirety, is within the attached resolution. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the resolution as drafted and presented to the New Hanover County Commissioners. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Approve the resolution as presented for the purposes of executing the asset purchase agreement, canceling the existing lease with New Hanover Regional Medical Center, and establish the New Hanover Community Endowment. COMMISSIONERS' ACTIONS: A motion to approve the resolution to execute the purchase agreement, canceling the lease with New Hanover Regional Board of Commissioners - October 5, 2020 ITEM: 12 Medical Center, and establish the New Hanover Community Endowment was approved 4 -1, Commissioner Zapple voting in opposition. Board of Commissioners - October 5, 2020 ITEM: 12 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION Approving the Asset Purchase Agreement and Transactions Described Therein among New Hanover County, New Hanover Regional Medical Center, Novant Health, Inc. and Novant Health New Hanover Regional Medical Center, LLC Paritnic WHEREAS, New Hanover County owns the hospital, medical facilities and other assets used by New Hanover Regional Medical Center (NHRMC) to operate as a health care system governed by the County- appointed NHRMC Board of Trustees (BOT); and WHEREAS, County and NHRMC are parties to that certain lease agreement pursuant to which New Hanover County leases the hospital, medical facilities and other assets to NHRMC for the purposes of operating the health system (NHRMC Lease); and WHEREAS, certain industry trends, challenges, opportunities and related discussions as to the best course forward for NHRMC have led to the New Hanover County Board of Commissioners passing a resolution in September of 2019 to move forward in exploring potential future options for NHRMC through a request for proposal (RFP) process in accordance with State Law (N.C.G.S § 131E- 13(d)(1) -(2)), and the BOT passing a corresponding resolution endorsing such County /NHRMC exploration in that same month; and WHEREAS, following these resolutions, the Board of Commissioners held a public hearing, consistent with N.C.G.S § 131E- 13(d)(3), on October 15, 2019 to receive comments related to the resolution and also, jointly with the BOT, appointed a 21- member Partnership Advisory Group (PAG) that includes: nine community members reflective of the community's diversity of individuals and interests; five members of the BOT; five physicians as selected by the Physician Advisory Committee; and the NHRMC CEO and County Manager, to explore the best way to improve the region's access to high - quality healthcare; and WHEREAS, the PAG developed a comprehensive RFP that was issued by and on behalf of the County and NHRMC, consistent with N.C.G.S § 131E- 13(d)(2), on January 13, 2020, and received responses from six health care organizations by the due date of March 16, 2020, with a variety of detailed proposals, all which were well vetted by the PAG with analyses and input from financial, legal and strategic advisors to NHRMC and the County; and WHEREAS, at its May 18, 2020 meeting, upon the recommendation from the PAG and BOT, the Board of Commissioners endorsed (in alphabetical order) the following respondents for further due diligence and letter of intent discussions (such narrowing was preliminary, pending further public input at the public hearing on June 22, 2020): Atrium Health, Duke Health, and Novant Health, Inc. ( Novant Health); and authorized the County and NHRMC to have direct partnership due diligence and letter of intent discussions with each of these three organizations as part of Board of Commissioners - October 5, 2020 ITEM: 12- 1 - 1 this RFP process; and WHEREAS, in accordance with this Board of Commissioners authorization, the PAG and PAG Support Team engaged in further analyses of the Atrium Health, Duke Health and Novant Health proposals and the respective ability of each such respondent to meet the needs of the region and advance healthcare accessibility, quality, affordability, and equity as outlined in each of the key goals and objectives tied to NHRMC's Strategic Plan, including through multiple virtual and actual site visits; and WHEREAS, in accordance with the PAG Charter, the PAG and PAG Support Team also further evaluated the pros and cons associated with each of the proposals, together with the pros and cons of NHRMC continuing status quo, internally restructuring or joint venturing; and WHEREAS, the Board of Commissioners held a second public hearing on June 22, 2020 to discuss all six proposals and receive further community input, consistent with N.C.G.S § 131E- 13(d)(5)- (6); and WHEREAS, on July 13, 2020, the Board of Commissioners, upon recommendation from the PAG and BOT, adopted a resolution to enter into a letter of intent (the 1-01) with Novant Health, and such resolution set forth requirements for the use of net transaction proceeds designed to protect such proceeds for the benefit of the community in perpetuity (attached to the 1-01 as Exhibit D); and WHEREAS, NHRMC, the County, and Novant Health entered into such 1-01 on July 13, 2020; and WHEREAS, following execution of the L01, NHRMC, the County, and Novant Health engaged in further due diligence and negotiated a draft Asset Purchase Agreement consistent with the terms of the 1-01; and WHEREAS, NHRMC, the County and Novant Health wrapped up due diligence and the draft Asset Purchase Agreement negotiations, and the County published the agreement for public review and comment on September 18, 2020 in accordance with N.C.G.S § 131E- 13(d)(8) (such draft together with the current exhibits and schedules attached thereto, the "APA "); and WHEREAS, the Board of Commissioners held a public hearing on September 28, 2020, to receive public comment on the APA, as well as the corresponding termination of the NHRMC Lease, as such action is contemplated and addressed under the APA and as is consistent with Section 3.03 of the NHRMC Lease, and heard comments related to the use of net proceeds (addressed in Exhibit C to the APA and referred to previously as Exhibit D to the 1-01) and nonprofit bylaws for the New Hanover Community Endowment (Community Endowment) that would be established under the use of net proceeds framework; and WHEREAS, the APA addresses governance matters, including certain NHRMC successor local /regional board controls, and sets forth the initial successor Local Board in Schedule 5.20(b) 2 Board of Commissioners - October 5, 2020 ITEM: 12- 1 - 2 to the APA; and WHEREAS, in addition to the APA, certain other documents will be required to effectuate the Transaction as further set forth and defined in the APA (collectively, the Transaction Documents); and WHEREAS, Novant Health, through Novant Health New Hanover Regional Medical Center, LLC, an affiliate of Novant Health (Buyer), desires to acquire from NHRMC and the County, and NHRMC and the County desire to sell to Buyer, substantially all of the assets used with respect to the operation of the hospitals and other medical facilities within the health system governed by the BOT in exchange for the consideration and upon the terms and conditions set forth in the APA (the Transaction); and WHEREAS, in order to secure the future of the existing hospital and other medical facilities and healthcare and wellness services, and to address the significant population growth in the region and its associated expanded program needs, the Board of Commissioners has determined that the Transaction will result in substantial services commitments to and financial investments in the hospital's current strategic plan and all of its related goals and objectives, including Improving Access to Care and Wellness, Advancing the Value of Care, Promoting Health Equity, Supporting and Maintaining Staff, Partnering with Providers, Driving Quality of Care, Growing the Level & Scope of Care, and Strategic Positioning as a Novant Health system hub in this region with expanded UNC Health & UNC School of Medicine Programs, all as further delineated in the APA; and WHEREAS, the County will use, invest, direct, grant and manage the net proceeds of the Transaction (Net Proceeds) exclusively for public benefit purposes as generally described in Exhibit C to the APA, including $100 Million in a general escrow account to address trailing liabilities, $200 Million in an NHRMC Transition Stabilization Escrow, $50 Million in a Mental and Behavioral Health Fund, and $300 Million in a County Revenue Stabilization Fund; and WHEREAS, the Board of Commissioners has further determined it in the best interest of the County and citizens thereof to facilitate the formation of a Community Endowment, to which the County intends to grant the remaining portion of the Net Proceeds following all other distributions referenced above and in Exhibit C to the APA for the benefit and support of the community; and WHEREAS, the Board of Commissioners has identified the five individuals to serve as the County's initial appointments to the governing board of the Community Endowment, and recognizes that the individuals identified for the new local successor hospital board (referred to as the "Local Board" in the APA), made up of our area's community members, will be given the authority to appoint, or direct the appointment of, the remaining six members of the Community Endowment prior to the Closing of the Transaction in order to ensure the nonprofit is established and prepared to assume the remaining Net Proceeds upon the Closing of the Transaction; and 3 Board of Commissioners - October 5, 2020 ITEM: 12- 1 - 3 WHEREAS, the BOT has reviewed the APA and found such APA, and the Transaction described therein, to be favorable to NHRMC and in the best interest of NHRMC and the County, and has recommended the APA and Transaction for the approval of the Board of Commissioners; and WHEREAS, the PAG has reviewed the APA and found that the Transaction are in the public interest, concluding that the Transaction will meet the health - related needs of medically underserved groups, such as low- income persons, racial and ethnic minorities, and disabled persons. WHEREAS, the Board of Commissioners has reviewed the APA and the Transaction and believes that the APA and the Transaction are in the public interest, concluding that the Transaction will meet the health - related needs of medically underserved groups, such as low- income persons, racial and ethnic minorities, and disabled persons, and desires to authorize the approval of the APA and the Transaction as the next critical step towards ensuring that both the current and future needs of our growing region are met as we would then be better able to fund and to timely implement advancements in healthcare accessibility, quality, affordability, and equity for all now and into the future; and WHEREAS, upon closing of the Transaction, the NHRMC Lease will be terminated; and WHEREAS, upon closing of the Transaction the outstanding revenue bonds issued by the County for the benefit of NHRMC will be called, defeased and redeemed. Resolutions NOW THEREFORE, BE IT RESOLVED, the Board of Commissioners hereby approves the APA, substantially in the form published on September 18, 2020 and submitted to the Board of Commissioners, and further approves the Transaction consistent with the terms described in such APA, finding the Transaction to be in the best interests of the County and the community; and BE IT FURTHER RESOLVED, that the Board of Commissioners does hereby approve and direct the Net Proceeds of the Transaction otherwise accruing to the County be granted and distributed as of and following Closing as outlined in Exhibit C to the APA, including to the Community Endowment, NHRMC Foundation, as well as those accounts established for the NHRMC Transition Stabilization Escrow, the Mental and Behavioral Health Fund, and the County's Revenue Stabilization Fund, all as further identified and described in Exhibit C and other provisions of the APA; and BE IT FURTHER RESOLVED, that the Board of Commissioners does hereby appoint the following five individuals to serve as the County's initial appointees to the governing body of the Community Endowment, with accompanying term limits to ensure for staggered terms of the initial seated board, with each appointee eligible to serve up to three consecutive terms: 4 Board of Commissioners - October 5, 2020 ITEM: 12- 1 - 4 • Mr. Spence Broadhurst of Wilmington (appointed for a three -year term), • Dr. Virginia Adams of Wilmington (appointed for a three -year term), • Ms. Hannah Gage of Wilmington (appointed for a three -year term), • Mr. Stedman Stevens of Wilmington (appointed for a two -year term), • Ms. Shannon Winslow of Wilmington (appointed for a two -year term); and BE IT FURTHER RESOLVED, the Board of Commissioners hereby approves those individuals set forth in Schedule 5.20(b) to the APA as the initial Trustees of the Local Board upon Closing of the Transaction, all as defined and provided for in the APA; and BE IT FURTHER RESOLVED, the Chair of the Board of Commissioners is hereby authorized and directed to execute the APA on behalf of the County and Board of Commissioners; and BE IT FURTHER RESOLVED, the County Manager, the County Attorney, the County Chief Financial Officer, and any person authorized or designated to act on behalf of any of the foregoing, are authorized and directed, on behalf of the County and the Board of Commissioners, to develop, finalize, execute and deliver the Transaction Documents, and all other certificates, instruments, amendments, agreements, filings, and other documents ancillary to the APA or Transaction Documents, and to take, or cause to be taken, all other such actions as may be reasonably necessary and desirable to effectuate, and cause the consummation and closing of, the Transaction; and BE IT FURTHER RESOLVED, the County Manager, the County Attorney, the County Chief Financial Officer, and any person authorized or designated to act on behalf of any of the foregoing, are authorized and directed, on behalf of the County and the Board of Commissioners, to engage any advisors, consultants, or counsel as may be reasonably necessary and desirable to address and manage any and all matters of the County associated with or arising as a result of the Transaction following the Closing; and BE IT FURTHER RESOLVED, the County Manager, the County Attorney, the County Chief Financial Officer, and any person authorized or designated to act on behalf of any of the foregoing, are authorized and directed, on behalf of the County and the Board of Commissioners, to effectuate the granting and distribution of the Net Proceeds in a manner consistent with Exhibit C to the APA, and to those accounts established for the Community Endowment, NHRMC Foundation, the NHRMC Transition Stabilization Escrow, the Mental and Behavioral Health Fund, and the County's Revenue Stabilization Fund, all as further identified and described in Exhibit C and other provisions of the APA; and BE IT FURTHER RESOLVED, the Board of Commissioners approves and authorizes the termination of the NHRMC Lease, which such termination shall become effective contemporaneous with the Closing of the Transaction; and BE IT FURTHER RESOLVED, the Board of Commissioners hereby authorizes and approves the 5 Board of Commissioners - October 5, 2020 ITEM: 12- 1 - 5 redemption and defeasance of all outstanding revenue bonds issued by the County in conjunction with the Closing of the Transaction consistent with the terms of the APA, including (i) 2006 Variable Rate Hospital Revenue Bonds, (ii) 2008 Hospital Revenue Bonds, (iii) 2011 Hospital Revenue Refunding Bonds, (iv) 2013 Hospital Revenue Refunding Bonds, and (v) 2017 Hospital Revenue Bonds, for the benefit of NHRMC, and hereby authorizes and directs the County Manager and the County Chief Financial Officer to do, or cause to be done, all things necessary to call, defease and redeem such revenue bonds; and BE IT FURTHER RESOLVED, that all the acts of the County Manager, County Attorney and County Chief Financial Officer, as well as of any person authorized or designated to act on behalf of the such individuals or the County, which acts would have been authorized by the foregoing resolutions, except that such acts were taken prior to the adoption of such resolutions, are hereby severally ratified, confirmed, approved, and affirmed as acts on behalf of the Board of Commissioners and the County. ADOPTED this the 5t" day of October, 2020. NEW HANOVER COUNTY Julia Olson- Boseman, Chair I_TV 11:1.111 Kymberleigh G. Crowell, Clerk to the Board 6 Board of Commissioners - October 5, 2020 ITEM: 12- 1 - 6 ARTICLES OF INCORPORATION OF NEW HANOVER COMMUNITY ENDOWMENT, INC. The undersigned hereby submits these Articles of Incorporation for the purpose of forming a nonprofit corporation under the North Carolina Nonprofit Corporation Act, Chapter 55A of the North Carolina General Statutes, as amended: 1. Name. The name of the corporation is New Hanover Community Endowment, Inc. 2. Charitable Corporation. The corporation is a charitable corporation within the meaning of N.C. Gen. Stat. Section 55A -1- 40(4). 3. Purposes. The corporation is formed exclusively for charitable, scientific or educational purposes under Section 501(c)(3) of the Code including supporting the public health needs and social welfare projects in New Hanover County. In furtherance, but not in limitation, of the foregoing purposes, the corporation shall: (a) Accept, hold, invest, reinvest, and administer any gifts, grants, bequests, devises, benefits of trusts, and property of any sort, without limitation as to value or amount, and apply the income and principal thereof, as the corporation's board of directors may from time to time determine; and (b) Alone or in cooperation with other persons, organizations, or institutions, conduct any and all other activities and do any and all acts and things which may be necessary, useful, suitable, or proper in connection with or for the furtherance, accomplishment, or attainment of such purposes as are lawful for a corporation formed under the North Carolina Nonprofit Corporation Act and for a corporation which qualifies for tax - exempt status under Sections 501(c)(3) and 501(a) of the Code. 4. Registered Office and Agent. The street address of the initial registered office of the corporation in the State of North Carolina is [street address], [city], [state] [zip code], which is located in [name of county] County. The mailing address of the initial registered office of the corporation is [name of registered agent], [street address], [city], [state] [zip code]. The name of the corporation's initial registered agent at that address is [name of registered agent] . 5. Principal Office. The street address of the principal office of the corporation is [street address], [city], [state] [zip code]„ which is located in [name of county] County. The mailing address of the principal office of the corporation is [street address], [city], [state] [zip code] . #8391450 I.doc Board of Commissioners - October 5, 2020 ITEM: 12- 2 - 1 6. Incorporator. The name and address of the incorporator is R. Donavon Munford, Jr., 150 Fayetteville Street, Suite 2300, Raleigh, NC 27601. 7. Members. The corporation shall have no members. 8. Liability of Directors. A director of the corporation shall have no personal liability for monetary damages arising out of an action whether by or in the right of the corporation or otherwise for breach of any duty as a director, except for liability with respect to (i) acts or omissions that the director at the time of the breach knew or believed were clearly in conflict with the best interests of the corporation; (ii) any liability under N.C. Gen. Stat. Section 55A -8 -32 or 55A -8 -33; or (iii) any transaction from which the director derived an improper personal financial benefit. If the North Carolina Nonprofit Corporation Act is amended to authorize corporate action for further eliminating or limiting personal liability of directors, then the liability of a director of the corporation shall be eliminated or limited to the fullest extent permitted by the North Carolina Nonprofit Corporation Act, as so amended. Any repeal or modification of the foregoing paragraph shall not adversely affect any right or protection of a director of the corporation existing at the time of such repeal or modification. 9. Operation. No part of the net earnings of the corporation shall inure to the benefit of, or be distributable to, its directors, officers or other private persons, except that the corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in Article 3 of these Articles. No substantial part of the activities of the corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation (except as otherwise provided in Section 501(h) of the Code), and the corporation shall not participate in, or intervene in (including the publishing or distribution of statements), any political campaign on behalf of (or in opposition to) any candidate for public office. Notwithstanding any other provision of these Articles, the corporation shall not carry on any other activities not permitted to be carried on by (a) a corporation exempt from Federal income tax under Sections 501(c)(3) and 501(a) of the Code or (b) a corporation, contributions to which are deductible under Sections 170(c), 2055 and 2522 of the Code. 10. Distribution of Assets Upon Dissolution. Upon the dissolution of the corporation, the board of directors shall, after paying or making provision for the payment of all of the liabilities of the corporation, dispose of all of the assets of the corporation to such organization or organizations organized and operated exclusively for charitable, educational, literary or scientific purposes as shall at the time qualify as an exempt organization or as exempt organizations under Section 501(c)(3) of the Code, exclusively for public purposes as the board of directors shall determine. Any such assets not so disposed of shall be disposed of by the Clerk of Superior Court of New Hanover County, North Carolina to such organization or organizations as the Clerk of the Superior Court of New Hanover County shall determine which are organized and operated exclusively for charitable, educational or scientific purposes and at the time qualify as an exempt organization or as exempt organizations under Section 501(c)(3) of the Code. 2 #8391450 I.doc Board of Commissioners - October 5, 2020 ITEM: 12- 2 - 2 11. Private Foundation Provisions. At any time when the corporation is a private foundation as defined in Section 509 of the Code: (a) The corporation shall distribute such amounts for each taxable year at such time and in such manner as not to subject the corporation to tax on undistributed income or otherwise under Section 4942 of the Code. (b) The corporation shall not engage in any act of self - dealing as defined in Section 4941(d) of the Code. (c) The corporation shall not retain any excess business holdings as defined in Section 4943(c) of the Code. (d) The corporation shall not make any investment in such manner as to subject the corporation to tax under Section 4944 of the Code. (e) The corporation shall not make any taxable expenditures as defined in Section 4945(d) of the Code. References in these Articles of Incorporation to the "Code" mean the federal Internal Revenue Code of 1986 as it may be amended from time to time. References to Sections of the Code include references to corresponding provisions of any subsequent United States tax laws. IN WITNESS WHEREOF, I have hereunto set my hand this day of October, 2020. R. Donavon Munford, Jr. Incorporator 3 #8391450 I.doc Board of Commissioners - October 5, 2020 ITEM: 12- 2 - 3 BYLAWS OF NEW HANOVER COMMUNITY ENDOWMENT, INC. ARTICLE I DEFINITIONS In these Bylaws, unless otherwise provided, the following terms shall have the following meanings: (1) "Act" shall mean the North Carolina Nonprofit Corporation Act as codified in Chapter 55A of the North Carolina General Statutes and as amended from time to time; (2) "Appointing Entity" shall mean either the Controlling Appointing Entity or the Non - controlling Appointing Entity. (3) "Articles of Incorporation" shall mean the Corporation's Articles of Incorporation, including amended and restated Articles of Incorporation and Articles of Merger; Board. (4) "Controlling Appointing Entity" shall mean the Successor Local Hospital (5) "Corporation" shall mean New Hanover Community Endowment, Inc.; (6) "County" shall mean New Hanover County, North Carolina. (7) "Distribution" shall mean a direct or indirect transfer of money or other property to or for the benefit of its directors or officers, or to or for the benefit of transferees in liquidation under Article 14 of the Act (other than creditors); corporation. (8) "NHRMC" shall mean New Hanover Regional Medical Center. (9) "Non - controlling Appointing Entity" shall mean the County. (10) " Novant" shall mean Novant Health, Inc., a North Carolina nonprofit (11) " Novant Board" shall mean Novant's Board of Trustees. (12) "Successor Local Hospital Board" shall mean the coastal region board, or local board, consisting of seventeen (17) trustees. (13) "Supermajority Vote" shall mean a vote of approval by at least Sixty -Seven Percent (67 %) of the Corporation's board of directors. #New Hanover Community Endowment - Bylaws Board of Commissioners - October 5, 2020 ITEM: 12- 3 - 1 Unless the context otherwise requires, any other terms used in these Bylaws shall have the meaning assigned to them in the Act to the extent defined therein. ARTICLE II OFFICES SECTION 1. Principal Office: The principal office of the Corporation shall be located at [street address], [city], [state] [zip code], or at such other place in the County as may be determined from time to time by the board of directors. SECTION 2. Registered Office: The registered office of the Corporation required by law to be maintained in the State of North Carolina may be, but need not be, identical with the principal office. SECTION 3. Other Offices: The Corporation may have offices at such other places, within the State of North Carolina, as the board of directors may from time to time determine, or as the affairs of the Corporation may require. ARTICLE III PURPOSES SECTION 1. Purposes: The corporation is formed exclusively for charitable, scientific or educational purposes under Section 501(c)(3) of the Code including supporting the public health needs and certain social welfare projects in New Hanover County. In furtherance, but not in limitation, of the foregoing charitable purposes, the Corporation shall: (a) Accept, hold, invest, reinvest, and administer any gifts, grants, bequests, devises, benefits of trusts, and property of any sort, without limitation as to value or amount, and apply the income and principal thereof, as the Corporation's board of directors may from time to time determine; and (b) Alone or in cooperation with other persons, organizations, or institutions, conduct any and all other activities and do any and all acts and things which may be necessary, useful, suitable, or proper in connection with or for the furtherance, accomplishment, or attainment of such purposes as are lawful for a corporation formed under the North Carolina Nonprofit Corporation Act and for a corporation which qualifies for tax - exempt status under Sections 501(c)(3) and 501(a) of the Code. SECTION 2. Policies: The fundamental policies of the Corporation shall be: -2- #New Hanover Community Endowment - Bylaws Board of Commissioners - October 5, 2020 ITEM: 12- 3 - 2 (a) No part of the net earnings of the Corporation shall inure to the benefit of, or be distributable to, its directors, officers or other private persons, except that the Corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in Section 1 of this Article. (b) No substantial part of the activities of the Corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation (except as otherwise provided in Section 501(h) of the Code), and the Corporation shall not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office. (c) The Corporation shall not carry on any activities not permitted to be carried on by (i) a corporation exempt from income tax under Sections 501(c)(3) and 501(a) of the Code, or (ii) a corporation contributions to which are deductible under Sections 170(c), 2055, and 2522 of the Code. (d) At any time when the Corporation is a private foundation as defined in Section 509 of the Code: (i) The Corporation shall distribute such amounts for each taxable year at such time and in such manner as not to subject the Corporation to tax on undistributed income under Section 4942 of the Code. (ii) The Corporation shall not engage in any act of self - dealing as defined in Section 4941(d) of the Code. (iii) The Corporation shall not retain any excess business holdings as defined in Section 4943(c) of the Code. (iv) The Corporation shall not make any investment in such manner as to subject the Corporation to tax under Section 4944 of the Code. (v) The Corporation shall not make any taxable expenditures as defined in section 4945(d) of the Code. (e) The Corporation shall not engage in any activities that are not in furtherance of the purposes specified in Section 1 of this Article. ARTICLE IV BOARD OF DIRECTORS Pursuant to the Articles of Incorporation and Section 55A -8 -01 of the Act, all corporate powers shall be exercised by a board of directors. -3- #New Hanover Community Endowment - Bylaws Board of Commissioners - October 5, 2020 ITEM: 12- 3 - 3 SECTION 1. General Powers: All corporate powers shall be exercised by or under the authority of, and the business and affairs of the Corporation shall be managed under the direction of, its board of directors. SECTION 2. Number of Directors: The board of directors shall be comprised of Eleven (11) directors, six (6) directors appointed by the Controlling Appointing Entity and five (5) directors appointed by the Non - controlling Appointing Entity. No elected official and no member of the NHRMC Board of Trustees shall be allowed to serve as a director until at least Two (2) years after the person has ceased to serve as an elected official or on the NHRMC Board of Trustees, as the case may be. SECTION 3. Oualifications: All board members shall be residents of New Hanover County and shall be subject to the satisfaction of applicable governance best practices, core competencies, and diversity considerations. Authorities that appoint members to the board should consider the community demographics and characteristics at large at the time by giving serious and deliberate consideration to the balance of gender, race, and ethnicity in each and every one of its appointees. The appointing authorities will equally consider a range of professional and life experiences of its appointees to include prior service to the community, effective governance for public and private corporations, and stewardship of resources to include all forms of community and organizational assets. Competencies of every board member and candidate should include: (1) Demonstrated leadership within the community with complex decision - making experiences. (2) Shared governance responsibilities with a demonstrated capacity to work collaboratively with a group that is purposely constructed to represent the community in all manners possible. (3) Demonstrated professionalism in the individuals' chosen careers or volunteerism that meets the high standard and conduct of what is expected and becoming for persons serving the public and community at large. (4) Commitment to the values and principles of the foundation itself including a commitment to advancing the complicated work of the foundation, the ability to represent positively and effectively the work of the foundation, and a passion for helping solve intractable community problems. (5) Diversity that fairly and equitably ensure gender, racial, and ethnicity considerations as well as lived- experiences reflecting different rates of educational attainment, economic prosperity, and social mobility. SECTION 4. Term of Directors. The term for each director will be Three (3) years and each director may serve no more than Three (3) consecutive terms. The term of a director appointed to fill a vacancy shall expire at the time the term he or she is filling would have R #New Hanover Community Endowment - Bylaws Board of Commissioners - October 5, 2020 ITEM: 12- 3 - 4 expired. After a director has served Three (3) consecutive terms, the director must have at least a One (1) year break in service before the director can serve on the board again. SECTION 5. Resignation: A director may resign at any time by communicating his or her resignation to the Corporation. A resignation is effective when it is communicated unless the notice specifies a later effective date or subsequent event upon which it will become effective. SECTION 6. Removal: All directors shall serve to term. However, the board of directors by Supermajority Vote may remove a director with or without cause. SECTION 7. Vacancies: Any vacancy occurring in the board of directors, including, without limitation, a vacancy resulting from the death, resignation, retirement or removal of a director, or from an increase in the number of directors, shall be filled by the Appointing Entity. The term of a director appointed to fill a vacancy shall expire upon the original expiration of the previous director's term; however, such director thereafter may serve up to Three (3) consecutive Three (3) year terms. SECTION 8. Chairman of the Board: There shall be a chairman of the board of directors elected by the directors from their number at any meeting of the board of directors. The chairman shall preside at all meetings of the board of directors at which he or she is so elected and perform such other duties as may be directed by the board of directors. SECTION 9. Compensation: The directors shall not receive any stated salary or compensation for their services as such, but the board of directors may provide for the payment of all expenses incurred by directors in attending meetings of the board and the reimbursement of expenses incurred on behalf of the Corporation. ARTICLE V MEETINGS OF DIRECTORS SECTION 1. Regular Meetings: A regular, annual meeting of the board of directors shall be held on the third date in (month) of each year, or if that day is a legal holiday, on the next succeeding business day for the purpose of electing directors and officers of the Corporation and for the transaction of such other business as may be properly brought before the meeting. In addition, the board of directors may provide, by resolution, the time and place, either within or without the State of North Carolina, for the holding of additional regular meetings. SECTION 2. Special Meetings: Special meetings of the board of directors may be called only by or at the request of the President or any three directors. Such meetings may be held either within or without the State of North Carolina, as fixed by the person or persons calling the meeting. SECTION 3. Notice of Meetings: Annual and regular meetings of the board of directors may be held as schedule by the Board. Any person or persons calling a special meeting of the -5- #New Hanover Community Endowment - Bylaws Board of Commissioners - October 5, 2020 ITEM: 12- 3 - 5 board of directors shall, at least five (5) days before the meeting, give notice of the meeting to the board of directors by any usual means of communication, including by telephone, mail, electronic mail, private carrier, facsimile transmission, or other form of wire or wireless communication. Such notice may be oral and need not specific the purpose for which the meeting is called unless required by the Act, the Articles of Incorporation or these Bylaws. SECTION 4. Waiver of Notice: Any director may waive notice of any meeting before or after the date and time stated in the notice. The waiver shall be in writing, signed by the director entitled to the notice and filed with the minutes or corporate records. A director's attendance at or participation in a meeting waives any required notice to him or her unless the director at the beginning of the meeting, or promptly upon arrival, objects to holding the meeting or to transacting business at the meeting and does not thereafter vote for or assent to action taken at the meeting. SECTION 5. Ouoru m: A majority of the number of directors in office immediately before the meeting begins shall constitute a quorum for the transaction of business at any meeting of the board of directors. SECTION 6. Manner of Acting: The affirmative vote of a majority of the directors present at a meeting at which a quorum is present shall be the act of the board of directors unless a different vote is required by the Act, the Articles of Incorporation or these Bylaws. The adoption or modification of policies and procedures regarding the investment or distribution of the Corporation's endowment assets (the `Endowment Assets "), and the termination of an investment manager to invest and manage the Endowment Assets, shall require a Supermajority Vote. Further, the establishment or modification of the Endowment Assets, or the amendment or modification of any governing documents applicable to the Endowment Assets, shall require a Supermajority Vote. SECTION 7. Presumption of Assent: A director of the Corporation who is present at a meeting of the board of directors or a committee of the board of directors when corporate action is taken is deemed to have assented to the action taken unless: (a) he or she objects at the beginning of the meeting, or promptly upon his or her arrival, to holding it or transacting business at the meeting; (b) his or her dissent or abstention from the action taken is entered in the minutes of the meeting; or (c) he or she files written notice of his or her dissent or abstention with the presiding officer of the meeting before its adjournment or with the Corporation immediately after adjournment of the meeting. The right of dissent or abstention is not available to a director who votes in favor of the action taken. SECTION 8. Participation in Meetings: Any or all of the directors may participate in a regular or special meeting by, or conduct the meeting through the use of, any means of communication by which all directors participating may simultaneously hear each other during the meeting. SECTION 9. Action Without Meeting: Action which may be taken at a board of directors meeting may be taken without a meeting if the action is taken by all members of the board. The action shall be evidenced by one or more written consents signed by each director before or after such action, describing the action taken, and included in the minutes or filed with the corporate -6- #New Hanover Community Endowment - Bylaws Board of Commissioners - October 5, 2020 ITEM: 12- 3 - 6 records. Such action is effective when the last director signs the consent, unless the consent specifies a different effective date. SECTION 10. Committees: The board of directors may create an Executive Committee and other committees of the board and appoint directors to serve on them. The creation of a committee of the board and appointment of directors to it must be approved by the greater of (a) a majority of the number of directors in office when the action is taken or (b) the number of directors required to take action pursuant to Section 6 of this Article. Each committee of the board must have two or more directors as members, and to the extent authorized by law and specified by the board of directors, shall have and may exercise all of the authority of the board of directors in the management of the Corporation, except that a committee may not: (a) authorize distributions; (b) recommend or approve dissolution or merger or the sale, pledge or transfer of all or substantially all of the Corporation's assets; (c) fill vacancies on any committee of the board of directors; or (d) adopt, amend, or repeal the Articles of Incorporation or Bylaws. Each committee member shall serve at the pleasure of the board of directors. The provisions of this Article V, which govern meetings of the board of directors, shall likewise apply to meetings of any committee of the board of directors. ARTICLE VI OFFICERS SECTION 1. Officers of the Corporation: The officers of the Corporation shall consist of a President and CEO, a Secretary, a Treasurer, and such Vice Presidents, Assistant Secretaries, Assistant Treasurers, and other officers as the board of directors may from time to time appoint. Any two or more offices may be held by the same person, but no officer may act in more than one capacity where action of two or more officers is required. SECTION 2. Appointment and Term: The officers of the Corporation shall be appointed by the board of directors or by a duly appointed officer authorized by the board of directors to appoint one or more officers or assistant officers. Each officer shall hold office until his or her death, resignation, retirement, removal, disqualification or until his or her successor is appointed and qualifies. The appointment of an officer does not itself create contract rights for either the officer or the Corporation. SECTION 3. Compensation of Officers: The compensation of all officers of the Corporation shall be fixed by or under the authority of the board of directors, and no officer shall serve the Corporation in any other capacity and receive compensation therefor unless such additional compensation shall be duly authorized. SECTION 4. Removal: Any officer may be removed by a vote of a majority of the board of directors at any time with or without cause; but such removal shall not itself affect the officer's contract rights, if any, with the Corporation. -7- #New Hanover Community Endowment - Bylaws Board of Commissioners - October 5, 2020 ITEM: 12- 3 - 7 SECTION 5. Resignation: An officer may resign from his or her officer position at any time by communicating his or her resignation to the Corporation, orally or in writing. A resignation is effective when it is communicated unless it specifies in writing a later effective date. If a resignation is made effective at a later date that is accepted by the Corporation, the board of directors may fill the pending vacancy before the effective date if the board provides that the successor does not take office until the effective date. An officer's resignation does not affect the Corporation's contract rights, if any, with the officer. SECTION 6. Bonds: The board of directors may by resolution require any officer, agent, or employee of the Corporation to give bond to the Corporation, with sufficient sureties, conditioned on the faithful performance of the duties of his or her respective office or position, and to comply with such other conditions as may from time to time be required by the board of directors. SECTION 7. President and CEO: The President and CEO shall be the principal executive officer of the Corporation and, subject to the control of the board of directors, shall in general supervise and control all of the business and affairs of the Corporation. He or she shall have the authority to sign any contracts, deeds, mortgages, or other instruments which the board of directors has authorized to be executed, except in cases where the signing and execution of such contracts or instruments shall be expressly delegated by the board of directors or by these Bylaws to some other officer or agent of the Corporation, or shall be required by law to be otherwise signed or executed; and in general he or she shall perform all duties incident to the office of President and CEO and such other duties as may be prescribed by the board of directors from time to time. SECTION 8. Vice Presidents: In the absence of the President and CEO or in the event of his or her death, inability or refusal to act, the Vice Presidents in the order of their length of service as Vice Presidents, unless otherwise determined by the board of directors, shall perform the duties of the President, and when so acting shall have all the powers of and be subject to all the restrictions upon that office. Any Vice President may sign contracts, deeds, mortgages, or other instruments which the board of directors has authorized to be executed, except in cases where the signing and execution of such documents or instruments shall be expressly delegated by the board of directors or these Bylaws to some other officer or agent of the Corporation or shall be required by law to be otherwise signed or executed. A Vice President shall perform such other duties as from time to time may be assigned to him or her by the President or the board of directors. SECTION 9. Secretary: The Secretary shall: (a) keep the minutes of the meetings of the board of directors and of all committees of the board in one or more books provided for that purpose; (b) see that all notices are duly given in accordance with the provisions of these Bylaws or as required by law; (c) be custodian of the seal of the Corporation and see that the seal of the Corporation is affixed to all documents the execution of which on behalf of the Corporation under its seal is duly authorized; (d) maintain and authenticate the books and records of the Corporation; (e) attest the signature or certify the incumbency or signature of any officer of the Corporation; and (f) in general perform all duties incident to the office of Secretary and such other duties as from time to time may be assigned to him or her by the President or the board of directors. In #New Hanover Community Endowment - Bylaws Board of Commissioners - October 5, 2020 ITEM: 12- 3 - 8 SECTION 10. Assistant Secretaries: In the absence of the Secretary or in the event of his or her death, inability or refusal to act, the Assistant Secretaries in the order of their length of service as Assistant Secretary, unless otherwise determined by the board of directors, shall perform the duties of the Secretary, and when so acting shall have all the powers of and be subject to all the restrictions upon the Secretary. They shall perform such other duties as may be assigned to them by the Secretary, the President, or the board of directors. SECTION 11. Treasurer: The Treasurer shall: (a) have charge and custody of and be responsible for all funds and securities of the Corporation; (b) receive and give receipts for monies due and payable to the Corporation from any source whatsoever, and deposit all such monies in accordance with the provisions of Section 4 of Article VII; (c) maintain appropriate accounting records as required by law; (d) prepare, or cause to be prepared, an annual financial statement in accordance with Section 2 of Article IX; and (e) in general, perform all of the duties incident to the office of Treasurer and such other duties as from time to time may be assigned to him or her by the President or the board of directors. SECTION 12. Assistant Treasurer: In the absence of the Treasurer or in the event of his or her death, inability or refusal to act, the Assistant Treasurers, in the order of their length of service as Assistant Treasurer, unless otherwise determined by the board of directors, shall perform the duties of the Treasurer, and when so acting shall have all the powers of and be subject to all the restrictions upon the Treasurer. They shall perform such other duties as may be assigned to them by the Treasurer, the President, or the board of directors. ARTICLE VII CONTRACTS, LOANS, CHECKS AND DEPOSITS SECTION 1. Contracts: The board of directors may authorize any officer or officers, agent or agents, to enter into any contract or to execute and deliver any instrument in the name of and on behalf of the Corporation, and such authority may be general or confined to specific instances. SECTION 2. Loans: No loans shall be contracted on behalf of the Corporation and no evidences of indebtedness shall be issued in its name unless authorized by the board of directors. Such authority may be general or confined to specific instances. SECTION 3. Checks and Drafts: All checks, drafts or other orders for payment of money, issued in the name of the Corporation, shall be signed by such officer or officers, agent or agents of the Corporation and in such manner as shall from time to time be determined by resolution of the board of directors. SECTION 4. Deposits: All funds of the Corporation not otherwise employed shall be deposited from time to time to the credit of the Corporation in such depositories as may be selected by or under the authority of the board of directors. In #New Hanover Community Endowment - Bylaws Board of Commissioners - October 5, 2020 ITEM: 12- 3 - 9 SECTION 5. Fund Distributions: The Corporation and the officers are prohibited from allowing the Endowment Assets to be used as collateral or to be pledged as any form of security for any type of loan or guarantee. All distributions from the Endowment Assets ( "Fund Distributions ") must be made pursuant to and accompanied by a Plan of Accountability to ensure that the Fund Distribution is used in full for the designated purposes (the "Plan of Accountability" or "POA "). The POA shall be accepted, agreed upon and signed by the individual at the recipient organization who will be responsible for the use of the funds and for accounting the funds. The POA shall require that the individual provide an acceptable and complete accounting to the Corporation, submitted and signed under penalty of perjury. Further, the misuse of the funds by any person, or the failure of the responsible person to provide a complete accounting within six (6) months after the end of the year in which the Fund Distribution occurred, may result in both civil and criminal penalties. The POA is the Corporation's agreement with the recipient organization that describes the purposes for the use of the funds, the commitments by the officers and other leaders of the recipient organization, the expectations of the Corporation and how the Corporation will verify the proper use of the funds. SECTION 6. Unitrust Formula: The annual Fund Distributions shall be no more than a unitrust amount calculated as follows: (1) In each calendar year the Fund Distributions shall be no more than a unitrust amount equal to Four Percent (4 %) of the average of the net fair market value of the Endowment Assets' value as of the first business day of the calendar year and of the four preceding calendar years of the Corporation (or such lessor number of preceding years that may exist for each of the first five years of distributions). (2) The unitrust amount shall be distributed in whatever portions or installments as deemed appropriate by the Corporation. (3) If any assets are added to the Endowment Assets in the future, the unitrust amount for the year in which the addition is made shall be increased in case of addition by an amount equal to Four Percent (4 %) of that proportion of the fair market value of the assets added, valued as of the date or dates of the addition, that the number of days in the period that begins with the day of the addition and ends with the last day of the calendar year bears to the number of days in the calendar year. The net fair market value of the assets for the first business day of the calendar year of any such addition and of the preceding tax year shall each be increased by the amount of the addition for purposes of determining the unitrust amount for years following such year. (4) If the Corporation holds assets for which a fair market value cannot be readily ascertained, the Corporation shall use valuation methods that it considers reasonable and appropriate in valuing such assets. (5) Notwithstanding the Unitrust Formula described in this Section 6, Fund Distributions shall never be allowed to decrease the Endowment Assets value below the original -10- #New Hanover Community Endowment - Bylaws Board of Commissioners - October 5, 2020 ITEM: 12- 3 - 10 value of the Endowment at the time of the initial funding of the Corporation from the County in 2020 and 2021. ARTICLE VIII INDEMNIFICATION SECTION 1. Right to Indemnification: Any person who at any time serves or has served as a director or officer of the Corporation, or at the request of the Corporation is or was serving as an officer, director, agent, partner, trustee, administrator, or employee of any other foreign or domestic corporation, partnership, joint venture, trust, employee benefit plan, or other enterprise, shall have the right to be indemnified by the Corporation to the fullest extent permitted by law in the event he or she is made, or is threatened to be made, a party to any threatened, pending or completed civil, criminal, administrative, investigative or arbitrative action, suit or proceeding and any appeal therein (and any inquiry or investigation that could lead to such action, suit or proceeding), whether or not brought by or on behalf of the Corporation, seeking to hold him or her liable by reason of the fact that he or she is or was acting in such capacity. The Corporation shall not, however, indemnify any person against liability or expenses the person may incur on account of his or her activities which were, at the time taken, known or believed by the person to be clearly in conflict with the best interests of the Corporation, or if the person received an improper personal benefit. In addition, the Corporation shall not indemnify any person against liability or expenses the person may incur on account of his or her activities if such indemnification would (i) be a taxable expenditure under Section 4945 of the Code (or the corresponding provision of any subsequent United States tax laws), (ii) constitute an act of self - dealing under Section 4941 of the Code (or the corresponding provision of any subsequent United States tax laws) or (iii) jeopardize the Corporation's exemption from taxation under Section 501(a) of the Code as an organization described in Section 501(c)(3) of the Code (or the corresponding provisions of any subsequent United States tax laws). The board of directors may provide such lawful indemnification for the employees and agents of the Corporation as it deems appropriate and as are consistent with the restrictions expressed in this Section 1. The rights of those receiving indemnification hereunder shall, to the fullest extent from time to time permitted by law, cover (a) reasonable expenses, including without limitation all attorneys' fees actually and necessarily incurred by him or her in connection with any such action, suit or proceeding, (b) all reasonable payments made by him or her in satisfaction of any judgment, money decree, fine (including an excise tax assessed with respect to an employee benefit plan), penalty, or settlement for which he or she may have become liable in such action, suit or proceeding; and (c) all reasonable expenses incurred in enforcing the indemnification rights provided herein. Expenses incurred by anyone entitled to receive indemnification under this Section 1 in defending a proceeding may be paid by the Corporation in advance of the final disposition of such proceeding as authorized by the board of directors in the specific case or as authorized or required under any provisions in these Bylaws or by any applicable resolution or contract upon receipt of an undertaking by or on behalf of such person to repay such amount unless it shall ultimately be determined that he or she is entitled to be indemnified by the Corporation against such expenses. -11- #New Hanover Community Endowment - Bylaws Board of Commissioners - October 5, 2020 ITEM: 12- 3 - 11 SECTION 2. Payment of Indemnification: The board of directors of the Corporation shall take all such action as may be necessary and appropriate to authorize the Corporation to pay the indemnification required by this Article VIII, including without limitation, making a determination that indemnification is permissible in the circumstances and a good faith evaluation of the manner in which the claimant for indemnity acted and of the reasonable amount of indemnity due him or her. SECTION 3. Binding and Nonexclusive: Any person who at any time after the adoption of this Article VIII serves or has served in any of the described capacities for or on behalf of the Corporation shall be deemed to be doing or to have done so in reliance upon, and as consideration for, the right of indemnification provided herein. Any repeal or modification of these indemnification provisions shall not affect any rights or obligations existing at the time of such repeal or modification. The rights provided for herein shall inure to the benefit of the legal representatives of any such person and shall not be exclusive of any other rights to which such person may be entitled apart from the provisions of this Bylaw. The rights granted herein shall not be limited by the provisions contained in Section 55A -8- 51 of the Act (or any successor provision). ARTICLE IX GENERAL PROVISIONS SECTION 1. Seal: The corporate seal of the Corporation shall consist of two concentric circles between which is the name of the Corporation and in the center of which is inscribed "CORPORATE SEAL" or "SEAL;" and such seal, as impressed or affixed on the margin hereof, is hereby adopted as the corporate seal of the Corporation SECTION 2. Records and Reports: All of the Corporation's records shall be maintained in written form or in another form capable of conversion into written form within a reasonable time. The Corporation shall keep as permanent records minutes of all meetings of the board of directors, a record of all actions taken by the board of directors without a meeting, and a record of all actions taken on behalf of the Corporation by a committee of the board of directors in place of the board of directors. The Corporation shall maintain appropriate accounting records. The Corporation shall keep a copy of the following records at its principal office: (a) the Articles of Incorporation and all amendments to them currently in effect; (b) these Bylaws and all amendments to them currently in effect; (c) the annual financial statements described below, prepared during the past three years; and (d) a list of the names and business addresses of its current directors and officers. The Corporation shall prepare, or cause to be prepared, and maintain at least three (3) years of annual audited financial statements for the Corporation that include a balance sheet as of the end -12- #New Hanover Community Endowment - Bylaws Board of Commissioners - October 5, 2020 ITEM: 12- 3 - 12 of the fiscal year and statement of operations for that year. The financial statements may be prepared for the Corporation on the basis of generally accepted accounting principles or on such other basis as the Treasurer may deem reasonable. On a biannual basis, the Corporation shall present a report with information regarding grants and other distributions made by the Corporation, with such information being made available to the public. In addition, the President and CEO shall hold a biannual meeting to answer questions from the public regarding the Corporation's actions. SECTION 3. Fiscal Year: The fiscal year of the Corporation shall end on December 31 of each year. SECTION 4. Severability: Should any provision of these Bylaws become ineffective or be declared to be invalid for any reason, such provision shall be severable from the remainder of these Bylaws and all other provisions of these Bylaws shall continue to be in full force and effect. SECTION 5. Tax Terms: References in these Bylaws to the "Code" mean the federal Internal Revenue Code of 1986 as it may be amended from time to time. References to Sections of the Code include references to corresponding provisions of any subsequent United States tax laws. SECTION 6. Amendments to Bylaws: These Bylaws may be amended by a majority vote of the board of directors, except any amendment to Article IV of these Bylaws shall require a Supermajority vote of the board of directors. -13- #New Hanover Community Endowment - Bylaws Board of Commissioners - October 5, 2020 ITEM: 12- 3 - 13 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 10/5/2020 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 -13) - Request by Design Solutions on Behalf of the Property Owner, Desirable Properties, LLC, to Rezone Approximately 31.31 Acres of Land Located at the Northwest Corner of Sidbury Road and Dairy Farm Road from R -15, Residential District, to (CZD) RMF -L, Conditional Residential Multi- Family Low Density, in Order to Develop a Multi- Family Project Consisting of 288 Units BRIEF SUMMARY: The applicant is seeking to rezone approximately 31 acres of land located at the northwest corner of Sidbury Road and Dairy Farm Road from R -15 to (CZD) RMF -L in order to develop a multi- family project consisting of 288 units. Under the county's performance residential standards, the site would be permitted up to 78 dwelling units at a density of 2.5 du /ac as currently zoned. The proposed 288 units equates to an overall density of 9.2 du /ac. It is estimated the site would generate about 60 -80 trips during the peak hours if developed at the current permitted density. The proposed RMF -L development would increase the estimated number of peak hour trips by approximately 40 and generate about 100 trips in the AM peak and 120 trips in the PM peak. The applicant has completed a Traffic Impact Analysis (TIA) which has been approved by NCDOT and the WMPO. The TIA analyzed the development of 320 multi- family units on the subject property (which exceeds the 288 units proposed). The required improvements consist of installing and extending multiple turns lanes on Blue Clay Road and Sidbury Road, and realigning the Blue Clay Road / Sidbury Road intersection to allow for eastbound /westbound free flow movement. Using a generalized historic student generation rate, the proposed development can be estimated to generate 69.05 (30.95 elementary, 15.66 middle, and 22.44 high) students, which is approximately 50.35 more than if developed under existing zoning. County Planning staff has worked with Schools staff to analyze recent trends related to development patterns and student generation. From 2015 to 2019, student enrollment remained at a generally stable rate of just over 27,000 students enrolled despite the issuance of approximately 11,000 permits for new residential units throughout the entire county. Using the generalized historic student generation rate, staff would estimate about 3,000 students generated from the new units over the 5 -year period. However, this increase is not reflected in the enrollment data. As a result, recent trends indicate new residential development may be generating much less student population than in the past. A detailed analysis of schools is located in the Staff Report on pages 12 and 13. The site has a unique shape resulting in the vast majority of its boundary abutting an arterial or collector road corridor, including Interstate 40. Most of the neighboring property is either undeveloped or used for nonresidential purposes (NHC Schools Bus Depot, SeaTech - located directly east of the site on the opposite side of Dairy Farm Road). While Board of Commissioners - October 5, 2020 ITEM: 13 the surrounding area was zoned for low density housing in the 1970s, the 2016 Comprehensive Plan recommends a mixture of higher density housing and commercial uses along the Sidbury Road corridor. The 2016 Comprehensive Plan classifies the site as Community Mixed Use. The proposal is generally CONSISTENT with the Comprehensive Plan because multi- family development is a typical land use within areas designated as Community Mixed Use, and because the proposed number of units is in line with the recommended densities for the area. In addition, it provides for diverse housing options and an orderly transition from a major road corridor to areas zoned for lower density housing. The Planning Board considered this application at their September 3, 2020 meeting. At the meeting, no one from the public spoke in favor of, or in opposition to, the proposal. The Planning Board recommended approval of the application (7 -0), finding it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because multi- family development is a typical land use within areas designated as Community Mixed Use, and because the proposed number of units is in -line with the recommended densities for the area. In addition, multi- family housing is generally more appropriate along major road corridors like Interstate 40 than low density single - family housing. The Planning 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. 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 conditional RMF -L district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because multi- family development is a typical land use within areas designated as Community Mixed Use, and because the proposed number of units is in line with the recommended densities for the area. In addition, multi- family housing is generally more appropriate along major road corridors like Interstate 40 than low density single - family 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. [Optional] Note any conditions to be added to the district. Example Motion for Denial I move to DENY the proposed rezoning to a conditional RMF -L district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because multi- family development is a typical land use within areas designated as Community Mixed Use, and because the proposed number of units is in line with the recommended densities for the area, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent neighborhoods. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as presented by staff. COMMISSIONERS' ACTIONS: Board of Commissioners - October 5, 2020 ITEM: 13 Approved 5 -0. Board of Commissioners - October 5, 2020 ITEM: 13 SCRIPT for Zoning Map Amendment Application (Z20 -13) Request by Design Solutions on behalf of the property owner, Desirable Properties, LLC, to rezone approximately 31.31 acres of land located at the northwest corner of Sidbury Road and Dairy Farm Road from R -15, Residential District, to (CZD) RMF -L, Conditional Residential Multi - Family Low Density, in order to develop a multi - family project consisting of 288 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 for Approval I move to APPROVE the proposed rezoning to a conditional RMF -L district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because multi - family development is a typical land use within areas designated as Community Mixed Use, and because the proposed number of units is in -line with the recommended densities for the area. In addition, multi - family housing is generally more appropriate along major road corridors like Interstate 40 than low density single - family 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. [Optional] Note any conditions to be added to the district. Board of Commissioners - October 5, 2020 ITEM: 13- 1 - 1 Alternative Motion for Denial I move to DENY the proposed rezoning to a conditional RMF -L district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because multi - family development is a typical land use within areas designated as Community Mixed Use, and because the proposed number of units is in -line with the recommended densities for the area, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent neighborhoods. Alternative Motion for Approval /Denial: I move to [Approve /Deny] the proposed rezoning to a conditional RMF -L 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 - October 5, 2020 ITEM: 13- 1 - 2 STAFF REPORT FOR Z20 -13 ZONING MAP AMENDMENT APPLICATION APPLICATION SUMMARY Case Number: Z20-13 Request: Rezoning to a conditional RMF -L district Applicant: Property Owner(s): Cindee Wolf — Design Solutions Desirable Properties, LLC Location: Acreage: Northwest corner of Sidbury Road and Dairy Farm Road 31.31 PID(s): Comp Plan Place Type: R01800- 003 -01 2 -001 Community Mixed Use Existing Land Use: Proposed Land Use: Undeveloped 288 Multi - Family Units Current Zoning: Proposed Zoning: R -15 (CZD) RMF -L SURROUNDING AREA LAND USE ZONING North Single - Family Residential R -15 East Northern NHCS Transportation Division, SeaTECH R -15 South Undeveloped R -15 West Interstate 40 n/a Z20 -13 Staff Report BOC 10.5.2020 Board of Commissioners - October 5, 2020 ITEM: 13- 2 - 1 Page 1 of 18 Aerial Z20 -13 ZONING HISTORY July 7, 1972 The site was initially zoned R -15 (Area 8A) 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 Castle Hayne Castle Hayne Elementary, Holly Shelter Middle, and Laney High schools Schools at least five acres of the resource exists on the property. Historic For more information, see the school data below. Recreation Northern Regional Park, Blue Clay Bike Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES The Conservation Resources Map indicates that pocosin wetlands may be present on the site. The applicant's conceptual site plan indicates that there Conservation are approximately 3.3 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 -13 Staff Report BOC 10.5.2020 Board of Commissioners - October 5, 2020 ITEM: 13- 2 - 2 Page 2 of 18 APPLICANT'S PROPOSED CONCEPTUAL PLAN The applicant is proposing to construct a multi - family development consisting of 288 units. a The units will be located within 15 buildings containing 12 to 24 units each. The buildings can be three stories with a maximum height of 45 feet. a The applicant's proposed conceptual plan indicates that 10.7 acres (about 34 %) of the site will be within open space area, exceeding the County's requirement of providing 20% open space. The buildings will be located a minimum of 480 feet from existing single - family homes, which exceeds the 20 -foot buffer requirement between attached housing and single - family dwellings. Z20 -13 Staff Report BOC 10.5.2020 Page 3 of 18 Board of Commissioners - October 5, 2020 ITEM: 13- 2 - 3 ZONING CONSIDERATIONS • Under the County's performance residential standards, the site would be permitted up to 78 dwelling units at a density of 2.5 du/ac. The proposed 288 units equates to an overall density of 9.2 du/ac. • The subject site has a unique location in that three sides border street rights -of -way (1 -40, Sidbury Road, and Dairy Farm Road). Only about 230 feet of the site boundary abuts a residentially zoned property. • While the subject property is located adjacent residentially zoned land, much of the surrounding area is undeveloped or used for nonresidential purposes. New Hanover County Schools owns about 79 acres directly east of the site along Dairy Farm Road containing a school bus storage area and SeaTECH. AREA SUBDIVISIONS UNDER DEVELOPMENT #• milli :�• 0-1 OR •� �► 1111111111 ••.� - Ill �Illir X11► Vr. slip, Ills ��►� 41{6 {r '���rur►r1 r� prr11�► �NI . 1 -"� s� Development Parsons Mill Farm 354 so 3,04 ape Landing 117 54 63 ..� . �,. S�dbUry Farms 754 0 754 Z20 -1 3 Staff Report l 10.5.2020 Board of Commissioners - October 5, 2020 ITEM: 13- 2 - 4 Page 4 of 18 TRANSPORTATION • The site is accessed by Dairy Farm Road, a NCDOT maintained collector road. An interchange to 1 -40 is located north of the site on Holly Shelter Road. • As currently zoned, it is estimated the site would generate about 60 -80 trips during the peak hours if developed at the permitted density. The proposed RMF -L development would increase the estimated number of peak hour trips by approximately 40. Z20 -13 Staff Report BOC 10.5.2020 Board of Commissioners - October 5, 2020 ITEM: 13- 2 - 5 Page 5 of 18 Intensity Approx. Peak Hour Trips Existing Development: Undeveloped 0 AM 0 PM Typical Development under 78 single - family homes 60 AM 80 PM Current Zoning: Proposed RMF -L 288 Multi - Family mid -rise 97 AM 122 PM Development: units Z20 -13 Staff Report BOC 10.5.2020 Board of Commissioners - October 5, 2020 ITEM: 13- 2 - 5 Page 5 of 18 Traffic Impact Analysis • The applicant has completed a Traffic Impact Analysis (TIA) for the project which has been approved by NCDOT and the WMPO. The TIA analyzed the development of 320 multi- family units on the subject property (which exceeds the 288 units proposed). • The TIA analyzed the Level of Service (LOS) in vehicle delay per second at notable intersections in the area and requires the following roadway improvements: 1. Dairy Farm Road at Sidbury Road • Extension of the eastbound left turn lane. • Installation of a westbound right turn lane. • Installation of a southbound left turn lane. 2. Blue Clay Road at Sidbury Road ■ Realignment of the intersection to provide stop control for the southbound approach only, allowing for the eastbound westbound movements to operate at free flow. 3. N. College Road at Blue Clay Road • Installation of a westbound right turn lane. • Extension of the westbound left turn lane. • Signal modification. Z20 -13 Staff Report BOC 10.5.2020 Board of Commissioners - October 5, 2020 ITEM: 13- 2 - 6 Page 6 of 18 Dairy Farm Road at Sidbury Road Scenario -1111hkh. Overall LOS Delay in Seconds AM PEAK - Southbound Approach (Worst Approach) 2020 Existing B 12.9 2024 Future without Project C 15.7 2024 Future with Project C 20.9 2024 Future with Project & C 16.9 Improvements PM PEAK - Southbound Approach (Worst Approach) 2020 Existing B 12.2 2024 Future without Project B 14.7 2024 Future with Project C 19.6 2024 Future with Project & C 15.9 Improvements Required Improvements to Dairy Farm Road at Sidbury Road Subject Site k Extension of existing Eastbound Left Turn Lane Z20 -1 3 Staff Report BOC 10.5.2020 Board of Commissioners - October 5, 2020 ITEM: 13- 2 - 7 Installation of a R., Westbound Right Turn Lane Installation of a Southbound Left Turn Lane Page 7 of 18 Blue Scenario Clay ... at .. ... Overall LOS (Delay in Seconds) Westbound Southbound 2020 Existing C (16.5) A (4.8) 2024 Future without Project D (29.3) A (4.9) 2024 Future with Project E (48.1) A (5) 2024 Future with Project & Improvements Iff A (0) C (18.8) AM, AF PM PEAK Westbound Southbound 2020 Existing B (13.9) A (6.6) 2024 Future without Project C (20.4) A (6.7) 2024 Future with Project D (28) A (6.9) 2024 Future with Project & Improvements A (0) C (20.7) *The westbound and southbound movements are shown as they are impacted the most by the recommended improvements. The northbound movement will remain relatively unaffected, with the improvements resulting in less than a one second delay. In addition, Blue Clay Road terminates at I -40 resulting in a relatively low number of dwelling units located north of this intersection (approximately 20 -25). c s rn ' 1� L 11� Subject Site 2. Blue Clay Rd cit Sidbury Rd 4 Required Improvements to Dairy Farm Road at Sidbury Road Z20 -13 Staff Report BOC 10.5.2020 Board of Commissioners - October 5, 2020 ITEM: 13- 2 - 8 Page 8 of 18 N. College Road Scenario at Blue Clay Road Overall LOS Delay in Seconds 2020 Existing C 28 2024 Future without Project E 61.4 2024 Future with Project E 65 2024 Future with Project & Improvements E 58.6 2020 Existing D 49 2024 Future without Project F 145 2024 Future with Project F 164.8 2024 Future with Project & Improvements F 136.2 Required Improvements to Dairy Farm Road at Sidbury Road Z20 -13 Staff Report BOC 10.5.2020 Board of Commissioners - October 5, 2020 ITEM: 13- 2 - 9 Page 9 of 18 Nearby Planned Transportation Improvements and Traffic Impact Analyses Traffic Impact Analyses yP Approved SuNRAv 1 Mile Radius OLhZIER w � D Under Review yy 0 A zw� y�yq� 6ROOKDALE Under Draft 0 ti J J w �S w OP oJ� v ti 4P � v m Z20-13 y 4 a gRMF`e Ntf Nigr�N ris pARSO 51D'BIiR `m ,PPSYURf Sidbury Farms _A TIA Approved Cape Landing TIA Approved �l � G L - \ �L 2 o p+ JI, GF'rC y 1-14 I 1A0 �•••� STIP Project n a o 0 rD 2 OZ } I � ,� E Miles �pRT4 A 0 0.25 0.5 m f ONT / 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. Z20 -13 Staff Report BOC 10.5.2020 Board of Commissioners - October 5, 2020 ITEM: 13- 2 - 10 Page 10 of 18 Proposed Development Land Use /Intensity TIA Status • Approved February 12, 2. Cape Landing • 126 single - family 2020 • 655 single - family dwellings • Build Out Years: 1. Sidbury Farms improvements consisted of: o 2024 — 258 SFDs Nearby Proposed Developments included within the TIA: . 103 townhomes o 2029 — 421 SFDs, 59 constructed and occupied. townhomes o 2034 — Full Build The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Installation of right and left turn lanes at the site's access points on Sidbury Road (Phase 1). • Installation of southbound right turn lane and westbound right turn lane, and extension of the westbound left turn lane and northbound right turn lane at the intersection of N. College and Blue Clay Road (Phase 2). • Installation of a roundabout at Sidbury Road and Blue Clay Road (Phase 2). • Installation of a southbound left turn lane at Dairy Farm Road and Sidbury Road (Full Build) Nearby Proposed Developments included within the TIA: • Scott's Hill Medical • Blake Farms • Scott's Hill Village • Cape Landing • Coastal Prep Academy Development Status: Construction plans for Phase 1 are currently under review. Proposed Development Land Use /Intensity TIA Status • Approved December 21, 2. Cape Landing • 126 single - family 2017 • 2021 Build Out Year The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Extension of the existing eastbound left -turn lane at Blue Clay Road and N. College Road. Nearby Proposed Developments included within the TIA: • None Development Status: Phase 1 is nearing completion with approximately 55 homes being constructed and occupied. Z20 -1 3 Staff Report BOC 10.5.2020 Board of Commissioners - October 5, 2020 ITEM: 13- 2 - 11 Page 11 of 18 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. • Seventy -eight dwelling units would be permitted under the current R -15 zoning base density, and 288 units would be allowed under the proposed zoning for an increase of 210 dwelling units. • Based on average student generation rates,* there are an average of 0.24 public school students (0.11 for elementary, 0.05 for middle, and 0.08 for high) generated per dwelling unit across New Hanover County. The proposed development can be estimated to generate 69.05 (22.57 elementary, 11.42 middle, and 16.36 high), which is approximately 50.35 more students than if developed under existing zoning. Development Type Intensity Estimated Student Generation Existing Development 0 residential unit Total: 0 (0 elementary, 0 middle, 0 high) Typical Development under 78 residential units Total: 18.7 Current Zoning Assigned (8.38 elementary, 4.24 middle, 6.08 high) Proposed Development Capacity Total: 69.05 under Proposed (CZD) MF -L 288 residential units (30.95 elementary, 15.66 middle, Zoning School 22.44 high) *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 Z20 -1 3 Staff Report BOC 10.5.2020 Board of Commissioners - October 5, 2020 ITEM: 13- 2 - 12 Page 12 of 18 Total NHC Enrollment of Capacity of % of Capacity Funded Level % School Assigned Assigned School of Assigned Capacity Capacity School w/ Portables School Upgrades Elementary 97% Castle 483 529 91% None Hayne Middle 107% Holly 917 934 98% None Shelter High 105% Laney 2063 1903 108% None Z20 -1 3 Staff Report BOC 10.5.2020 Board of Commissioners - October 5, 2020 ITEM: 13- 2 - 12 Page 12 of 18 *Enrollment is based on projected New Hanover County Schools enrollment for the 2020 -2021 school year. * *Capacity calculations were determined by New Hanover County Schools for the 2020 -2021 school year and are based on NC DPI Facility Guidelines & Class Size Requirements. Modifications refer to specific program requirements unique to a particular school. These may include exceptional children's classrooms beyond the original building design; classrooms to serve a unique population such as ESL; or classrooms designated for art and music if the building wasn't specifically designed with those spaces. ENVIRONMENTAL • The property is not within a Natural Heritage Area. The southern portion of the property is within an AE Special Flood Hazard Area with a base flood elevation of 31.7 to 31.8 feet. • The property is within the Prince George Creek (C;Sw) watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class III (severe limitation) soils, however, the project will connect to CFPUA sewer services. CONTEXT AND COMPATIBILITY • The property has a unique shape resulting in the vast majority of its boundary abutting an arterial or collector road corridor, including Interstate 40. • While the area was zoned for low density housing in the early 1970s, the 2016 Comprehensive Plan recommends a mixture higher density housing and commercial uses along the Sidbury Road corridor. • The property is located near the Cape Fear Community College North Campus, which has been identified as a growth node in the Comprehensive Plan. • Most of the surrounding land is either undeveloped or used for nonresidential purposes (NHC Schools). • The proposed concept plan positions a portion of the stormwater facilities closer to the existing single - family homes to the north of the site, resulting it the proposed buildings being over 450 feet from an existing residential structure. Z20 -1 3 Staff Report BOC 10.5.2020 Board of Commissioners - October 5, 2020 ITEM: 13- 2 - 13 Page 13 of 18 Representative Developments of RMF -L: Woodlands at Echo Farms Amberleigh Shores Stephens Pointe Z20 -13 Staff Report BOC 10.5.2020 Board of Commissioners - October 5, 2020 ITEM: 13- 2 - 14 Page 14 of 18 Representative Developments of R -15: Grayson Park Clay Crossing Plantation Landing Z20 -13 Staff Report BOC 10.5.2020 Board of Commissioners - October 5, 2020 ITEM: 13- 2 - 15 Page 15 of 18 2016 COMPREHENSIVE LAND USE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County's future land use, as designated by place types describing the character and function of the different types of development that make up the community. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. Future Land Use Map Place Type COMMUNITY MIXED USE Because of the general nature of place type borders, sites located in proximity to the boundaries between place types could be appropriately developed with either place type, allowing site - specific features and evolving development patterns in the surrounding area to be considered. Focuses on small - scale, compact, mixed use development patterns that serve Place Type all modes of travel and act as an attractor for county residents and visitors. Description Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi - family and single - family residential. The subject property is located on the corner of Dairy Farm Road and Sidbury Road. It is situated between Southeast Area Technical High School (SEA -Tech) to the east and single family residential to the north, with vacant property to the south. The entire western property line borders I -40 to the Analysis west. The CFCC North Campus Area Growth Node is located across 1 -40. The Comprehensive Plan indicates that multi - family residential is typical, and is an appropriate land use within Community Mixed Use place type that will allow future developments to accommodate population growth in a greater range of housing types. Z20 -13 Staff Report BOC 10.5.2020 Page 16 of 18 Board of Commissioners - October 5, 2020 ITEM: 13- 2 - 16 PLANNING BOARD ACTION The Planning Board considered this application at their September 3, 2020 meeting. At the meeting, no one from the public spoke in favor of, or in opposition to, the proposal. The Planning Board recommended approval of the application (7 -0), finding it to be: CONSISTENT with the purposes and intent of the Comprehensive Plan because multi - family development is a typical land use within areas designated as Community Mixed Use, and because the proposed number of units is in -line with the recommended densities for the area. In addition, multi - family housing is generally more appropriate along major road corridors like Interstate 40 than low density single - family housing. The Planning 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. Z20 -1 3 Staff Report BOC 10.5.2020 Board of Commissioners - October 5, 2020 ITEM: 13- 2 - 17 Page 17 of 18 In general, the Comprehensive Plan designates areas along roadways for higher residential densities and a mix of uses as Community Mixed Use in order to allow for an orderly transition of densities and intensities. The proposed development would serve as an appropriate transition in intensity from the interstate and CFCC Growth Node to existing residential districts and future Community Mixed Use development along Sidbury and Blue Clay Roads. Water and sewer service will be extended to that portion of Sidbury Road to serve the project. The Community Mixed Use place type provides opportunities for moderate - density housing (up to 15 units /acre) for multi - family and single - family residential, with building heights up to three stories. The overall project density of 9.2 units /acre meets the proposed density range and building height for the Community Mixed Use place type. The proposed development allows for the area to obtain the desired small - scale, compact mixed -use development pattern providing an efficient use of land between an interstate highway and areas of future development. It also assists in meeting the intent of the Comprehensive Plan by providing for a range of housing types, opportunities, and choices. The proposed CZD MF -L zoning is generally CONSISTENT with the 2016 Comprehensive Plan because multi - family development is a typical land use Consistency within areas designated as Community Mixed Use, and because the Recommendation proposed number of units is in -line with the recommended densities for the area. In addition, it provides for diverse housing options and an orderly transition from a major road corridor to areas zoned for lower density housing. PLANNING BOARD ACTION The Planning Board considered this application at their September 3, 2020 meeting. At the meeting, no one from the public spoke in favor of, or in opposition to, the proposal. The Planning Board recommended approval of the application (7 -0), finding it to be: CONSISTENT with the purposes and intent of the Comprehensive Plan because multi - family development is a typical land use within areas designated as Community Mixed Use, and because the proposed number of units is in -line with the recommended densities for the area. In addition, multi - family housing is generally more appropriate along major road corridors like Interstate 40 than low density single - family housing. The Planning 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. Z20 -1 3 Staff Report BOC 10.5.2020 Board of Commissioners - October 5, 2020 ITEM: 13- 2 - 17 Page 17 of 18 STAFF RECOMMENDATION Staff concurs with the Planning Board's recommendation and suggests the following motion: I move to APPROVE the proposed rezoning to a conditional RMF -L district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because multi - family development is a typical land use within areas designated as Community Mixed Use, and because the proposed number of units is in -line with the recommended densities for the area. In addition, multi - family housing is generally more appropriate along major road corridors like Interstate 40 than low density single - family 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. [Optional] Note any conditions to be added to the district. Example Motion for Denial I move to DENY the proposed rezoning to a conditional RMF -L district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because multi - family development is a typical land use within areas designated as Community Mixed Use, and because the proposed number of units is in -line with the recommended densities for the area, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent neighborhoods. Z20 -1 3 Staff Report BOC 10.5.2020 Board of Commissioners - October 5, 2020 ITEM: 13- 2 - 18 Page 18 of 18 Case: Site Address: Existing Zoning /Use: Proposed Use /Zoning: Z20 -13 5200 block R -15 /Undeveloped (CZD) RMF -L/ Sidbury Rd Apartments N �\GENERAL /� RESIDENTIAL IV d Subject Site URBAN MIXED;USE +EMPLOYMENT C E R1 1,000 Feet Board of ommiSsionersftl ctober �02O ITE�4 Place Types COMMERCE ZONE EMPLOYMENT CENTER GENERAL RESIDENTIAL URBAN MIXED USE COMMUNITY MIXED USE RURAL RESIDENTIAL CONSERVATION APPLICANT MATERIALS Board of Commissioners - October 5, 2020 ITEM: 13- 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 plan ningdevelopment.nhcg ov.com CONDITIONAL ZONING DISTRICT Application Applicant /Agent Information Property Owner(s) If different than ApplicantlAgent Name Owner Name CINDEE WOLF DESIRABLE PROPERTIES, L.L.C. Company Owner Name 2 DESIGN SOLUTIONS Address Address PO BOX 7221 341 NORTH GREEN MEADOWS DR City, State, Zip City, State, Zip WILMINGTON, NC 28406 WILMINGTON, NC 28405 Phone Phone 910 - 620 -2374 910- 799 -8483 (CONTACT: BUD BLANTON) Email Email CWOLF @LOBODEMAR.BIZ BUDBLANTON @AOL.COM Subject Property Information Address /Location NW CORNER OF DAIRY FARM ROAD (SR 21 81) & SIDBURY ROAD (SR 1 336) Parcel Identification Number(s) 3231 16.93.8897 [R01800- 003 - 012 -001 ] Total Parcel(s) Acreage 31.31 Existing Zoning and Use(s) R -1 5 / VACANT Future Land Use Classification COMMUNITY MIXED -USE Application Tracking Information (Staff Only) Case Number Date /Time received: Received by: Board of Commissioners - October 5, 2020 Page 3 of 7 ITEM: 13- 7 - conditional Zoning District Application — Updated 5/2017 Proposed Zoning, Use(s), & Narrative Proposed Conditional Zoning District:__ (CZD) MF -L _ Total Acreage of Proposed District: 31.31 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). PROPOSED THREE -STORY APARTMENT BUILDINGS WITH ACCESSORY AMENITY AREAS, PARKING & STORMWATER FACILITIES. TOTAL 288 DWELLING UNITS. 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 SITE PLAN FOR SITE LAYOUT & IMPROVEMENTS Board of Commissioners - October 5, 2020 Page 4 of 7 ITEM: 13- 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: MID -RISE APARTMENTS (223) Trip Generation Use and Variable (gross floor area, dwelling units, etc.): _CALCD PER DWELLING UNIT = 288 AM Peak Hour Trips: 86 PM Peak Hour Trips: 1 1 2 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 eve_y citizen. Sustainability of the County depends on sensible in -fill and maximizing use of lands accessible to services. 2. How would the requested Conditional Zoning District be consistent with the property's classification on the Future Land Use Map located within the Comprehensive Plan? The tract is identified in the Comprehensive Land Use Plan as a Community Mixed -use place type. The plan suggests higher densities to support the small - scale, compact development patterns that the place type promotes. The proposed development is an acceptable transition adjacent to the busy highway corridor. 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? Sidbury Road connects the East & West sides of the northern section of the County between Market Street & Blue Clay Road, which then extends to Castle Hayne Road. The tract is adjacent to the interstate highway. Single- family residences are less attractive along a busy traffic corridors, whereas transition of density is an acceptable planning strategy. Board of Commissioners - October 5, 2020 Page 5 of 7 ITEM: 13- 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 - October 5, 2020 Page 6 of 7 ITEM: 13- 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). CAW 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 - October 5, 2020 Page 6 of 7 ITEM: 13- 7 - conditional Zoning District Application — Updated 52017 ACKNOWLEDGEMENT AND SIGNATURES By my signature below, I understand and accept all of the conditions, limitations and obligations of the Conditional Zoning District zoning for which is being applied. I understand that the existing official zoning map is presumed to be correct. I understand that I have the burden of proving why this requested change is in the public interest. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. If applicable, I also appoint the applicant /agent as listed on this application to represent me and make decisions on my behalf regarding this application during the review process. The applicant /agent is hereby authorized on my behalf to: 1. Submit an application including all required supplemental information and materials; 2. Appear at pywith s to give representation and commitments; and 3. Act on my beimitations with regar d to any and all things directly or indirectly connected with or arising out of th' p DESIRABLE PROPERTIES, LLC / j( JESSE M. BLANTON - MANAGER Sign#6re of Koperty Owner(s) Print Names) DESIGN SOLUTIONS / CINDEE WOLF Sign a ure of Applicant/Ag nt Print Name NOTE: Form must be signed by the owner(s) of record. If there are multiple property owners a signature is required for each owner of record. If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper (approximately 2 -3 weeks before the hearing), the item will be calendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning webs�e will be required. I t,lTV e Page 7 of 7 Board of Commissioners - WA tl'iA4299ing District Application — Updated 5/2017 ITEM: 13- 7 - 5 Legal Description for Conditional District Rezoning of 31.31 -acre Tract at NW Corner of Dairy Farm Road & Sidbury Road BEGINNING at a point at an existing NCDOT right -of -way monument in the eastern right -of -way of Interstate Hwy. 40 at its intersection with the northern right -of -way of Sidbury Road (also known as SR 1336), a variable -width public right -of -way; running thence from said point of beginning with the eastern boundary of 1 -40: Along a curve to the left, having a Radius of 11,619.16 feet and Length of 931.55 feet, a Chord of North 18 057'18" West, 931.33 feet to a point; thence North 21 037'15" West, 201.28 feet to a point; thence North 21 044'49" West, 1400.22 feet to a point in the southern boundary of Blue Clay Road (also known as SR 1318), a 60 -foot public right -of -way; thence with that southern boundary of Blue Clay Road, North 26 021'58" East, 94.16 feet to a point; thence North 79 039'19" East, 25.31 feet to a point; thence South 56 008'49" East, 208.15 feet to a point in the western boundary of Dairy Farm Road (also known as SR 2181), a 170 -foot public right -of -way; thence with the eastern boundary of Dairy Farm Road, Along a curve to the left, having a Radius of 1,039.93 feet and Length of 158.38 feet, a Chord of South 25 039'42" East, 158.23 feet to a point; thence South 32 049'48" East, 157.95 feet to a point; thence South 34 033'57" East, 1,178.51 feet to a point; thence South 36 003'00" East, 156.73 feet to a point; thence Along a curve to the left, having a Radius of 631.97 feet and Length of 365.01 feet, a Chord of South 49 047'44" East, 359.96 feet to a point; thence South 60 006'46" East, 157.45 feet to a point; thence South 61 044'23" East, 140.28 feet to a point; thence South 43 046'25" East, 298.85 feet to a point; thence South 26 014'06" East, 140.84 feet to a point; thence South 26 019'47" East, 12.45 feet to a point at the intersection of Dairy Farm Road with the northern right -of -way of Sidbury Road; thence with that northern boundary of Sidbury Road, South 77 035'19" West, 450.76 feet to a point, thence South 77 018'33" West, 644.16 feet to the point and place of beginning, containing 31.31 acres, more or less. Board of Commissioners - October 5, 2020 ITEM: 13- 7 - 6 REPORT OF COMMUNITY MEETING NOTIFIACTION BY NEW HANOVER COUNTY ZONING ORIDINANCE FOR CONDITIONAL DISTRICT REZONINGS Project Name: Sidbury Landing — a Multi- family Residential Community Proposed Zoning: R -15 to (CZD) RMF -L 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 1, 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. Discussions were generally more inquiries than specific project comments. None of the respondents voiced opposition to the proposal. Date: Applicant: By: June 29, 2020 Design Solutions Cindee Wolf Board ot Uommissioners - Uctober b, ITEM: 13- 7 - 7 Community Information Sidbury Landing Name Address Email (Optional) Bob Maultsby 4800 Blue Clay Rd maultsbyestimating @gmail.com Anhony Tucker 4904 Blue Clay Rd Tel. 910 - 512 -5095 Richard Harrell 4815 + /- Blue Clay Rd reharre1138 @embarqmail.com Walter Clark Sidbury Farms Tel. 704 - 560 -9576 Bobby Pitman Interested Party bobbypittman417 @yahoo.com Geoff King Interested Party gking @gkinkproperties.com Deirdre Dunn 110 Deerfield Rd Tel. 910 - 212 -0611 CeCe Nunn Wilmington Business Journal cnunn @wilmingtonbiz.com Michael Praats Local Daily Media michael.p @localdailymedia.com Ben Schachtman Port City Daily ben@ Iocalvoicemedia.com Cindee Wolf Project Planner cwolf @lobodemar.biz Board of Commissioners - October 5, 2020 ITEM: 13- 7 - 8 I D -Z Cl N A 1,q ul -0: E- C, I D -Z Cl N 00 N > u LL, CX: cr z < u z Z LL— Board of Commissioners - October 5, 2020 ITEM: 13- 7 - 9 IVA —W lly N ul -0: E- C, n � W. qC IA Li. 0 W Lu -j Ht (,X! z .,4 pi id ce J uj lo— 00 N > u LL, CX: cr z < u z Z LL— Board of Commissioners - October 5, 2020 ITEM: 13- 7 - 9 IVA —W lly 13 Board of Commissioners - c 5,2020'1 ITEM: 3-7-10 ADJACENT OWNER NAME MAILING ADDRESS CITY / STATE / ZIP SITUS ADDRESS ALLSBROOK ROBERT DOUGLAS 4929 BLUE CLAY RD CASTLE HAYNE, NC 28429 4929 BLUE CLAY RD CASTLE HAYNE ALLSBROOK ROBERT DOUGLAS 4929 BLUE CLAY RD CASTLE HAYNE, NC 28429 5331 BLUE CLAY RD CASTLE HAYNE AMBER SUN LLC 5000 BLUE CLAY RD CASTLE HAYNE, NC 28429 4916 BLUE CLAY RD CASTLE HAYNE AMBER SUN LLC 5008 CASTLE LAKES RD CASTLE HAYNE, NC 28429 5000 BLUE CLAY RD CASTLE HAYNE AMBER SUN LLC 5000 BLUE CLAY RD CASTLE HAYNE, NC 28429 5008 BLUE CLAY RD CASTLE HAYNE ANDERSON DENNIS W 1508 MILITARY CUTOFF RD #202 WILMINGTON, NC 28403 5230 SIDBURY RD WILMINGTON BLUE CLAY INVESTMENTS LLC 4421 BRANTLEY CIR SHALLOTTE, NC 28470 4800 BLUE CLAY RD CASTLE HAYNE BONHAM LARRY G 4917 BLUE CLAY RD CASTLE HAYNE, NC 28429 4917 BLUE CLAY RD CASTLE HAYNE CAPE FEAR COMMUNITY COLLEGE 411 FRONT ST N WILMINGTON, NC 28401 3010 EDUCATION LP WILMINGTON CAROLINA POWER & LIGHT CO PO BOX 1551 RALEIGH, NC 27698 4600 BLUE CLAY RD CASTLE HAYNE CORPORATION FOR INQUIRY INC 2525 WONDER WAY WILMINGTON, NC 28401 DARRELL DOUGLAS A KAYNE O 5008 BLUE CLAY RD CASTLE HAYNE, NC 28429 5008 BLUE CLAY RD CASTLE HAYNE DESIRABLE PROPERTIES LLC PO BOX 3122 WILMINGTON, NC 28406 FOX BETSY 4851 BLUE CLAY RD CASTLE HAYNE, NC 28429 4851 BLUE CLAY RD CASTLE HAYNE GONZALEZ LUIS F ANA E P AZUARA 719 MIDDLE SOUND LOOP RD WILMINGTON, NC 28411 4831 BLUE CLAY RD CASTLE HAYNE HARRELL RICHARD E 159 HENRY MIDDLETON RD WARSAW, NC 28398 CASTLE HAYNE MARSTON RICHARD HENRY III 4843 BLUE CLAY RD CASTLE HAYNE, NC 28429 4843 BLUE CLAY RD CASTLE HAYNE MCRAE JOHN HENRY 1538 JESSUP STREET AVE BRONX, NY 10452 4905 BLUE CLAY RD CASTLE HAYNE MCRAE JOHN HENRY 1538 JESSUP AVE BRONX, NY 10452 4909 BLUE CLAY RD CASTLE HAYNE MITCHELL JAMES WADDELL CYNTHIA 4903 BLUE CLAY RD CASTLE HAYNE, NC 28429 4903 BLUE CLAY RD CASTLE HAYNE NEW HAN CNTY BOARD OF EDUCATION 6410 CAROLINA BEACH RD WILMINGTON, NC 28412 5301 SIDBURY RD WILMINGTON NICHOLS KENNETH W DORIS 5001 BLUE CLAY RD CASTLE HAYNE, NC 28429 5001 BLUE CLAY RD CASTLE HAYNE PARKS LARRY L BARBARA L 4833 BLUE CLAY RD CASTLE HAYNE, NC 28429 4823 BLUE CLAY RD CASTLE HAYNE PARKS LARRY L BARBARA L 4833 BLUE CLAY RD CASTLE HAYNE, NC 28429 4833 BLUE CLAY RD CASTLE HAYNE PIGFORD CARRIE V 1104 2ND ST S WILMINGTON, NC 28401 4907 BLUE CLAY RD CASTLE HAYNE PLATT MORGAN N 4911 BLUE CLAY RD CASTLE HAYNE, NC 28429 4911 BLUE CLAY RD CASTLE HAYNE TADLOCK DONALD JENEANE C 2116 CASTLE HAYNE RD WILMINGTON, NC 28401 4915 BLUE CLAY RD CASTLE HAYNE TUCKER ANTHONY 101 SHEARIN HILLS DR CASTLE HAYNE, NC 28429 4904 BLUE CLAY RD CASTLE HAYNE WATKINS STEVE ROSEMARY 4809 BLUE CLAY RD CASTLE HAYNE, NC 28429 4809 BLUE CLAY RD CASTLE HAYNE WOODALL JENNIFER P CHARLES A 4827 BLUE CLAY RD CASTLE HAYNE, NC 28429 4827 BLUE CLAY RD CASTLE HAYNE Board of Commissioners - October 5, 2020 ITEM: 13- 7 - 11 Desigv� Soiutiov�s Project Information Notice June 1, 2020 To: Adjacent Property Owner From: Cindee Wolf Re: Sidbury Landing My clients are interested in developing a multi - family residential community on lands within the proximity of your property. This proposal would require a Conditional Zoning District approval from New Hanover County. A Conditional Zoning District allows particular uses to be established only in accordance with specific standards and conditions pertaining to each individual development project. Essentially, this means that only that use, structures and layout of an approved proposal can be developed. A sketch plan of the project layout is enclosed. The County requires that the developer notify the property owners within an adjacency to the project and hold a meeting for any and all interested parties. This is intended to provide neighbors with an 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, however, 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: cwolf(@Iobodemar.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 must 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. We appreciate your interest and look forward to being a good neighbor and an asset to the community. P.D. 130x 7221, WilwkiKgton, NC 2.8406 * Telepkone: 910 -62-0 -2374 * Email: CWOIf @lobodevvtar.biz Board of Commissioners - October 5, 2020 ITEM: 13- 7 - 12 ITEM: 13- 7 - 13 1 -1 0&1 1 l� } I ,, fi- *s- ��,, :� T + �`�kr�'' _ T'1 y.. 1 "� i -.�!� WMPO August 17, 2020 Ms. Dionne Brown, PE Davenport 4600 Marriott Drive, Suite 350 Raleigh, NC 27612 RE: Approval of the Traffic Impact Analysis (TIA) associated with the proposed Dairy Farm Road New Hanover County, NC Dear Ms. Brown, 305 Chestnut Street PQ Box 1810 Wilmington, NC 28402 Ph: (910) 341-3258 Fax: (910) 341-7801 www.wm po.o rg The WMPO, NCDOT, and New Hanover County staffs have reviewed the Sidbury Crossing Traffic Impact Analysis sealed July 8, 2020. This approval is based on the following land uses as proposed in the TIA: • 320 apartments (LUC 221 Multifamily Housing Mid -Rise) Based on review of the analysis provided in the TIA report, the following improvements are required by the developer: * SR 1336 / SR 1572 ( Sidbury Road) at SR 2181 (Dairy Farm Road) (stop - controlled full movement T- intersection) • Extend the eastbound left turn lane to 275 feet of storage (or maximum available without modifying the bridge). • Construct a westbound right turn lane with taper only. • Construct a southbound left turn lane with 50 feet of storage, 50 feet of full width deceleration, and 200 feet of taper. SR 1336 / SR 1572 ( Sidbury Road) at SR 1318 (Blue Clay Road) (stop - controlled T- intersection) o Realign the intersection to provide stop control for the southbound approach only, allowing the eastbound and westbound approaches to operate free flow. US 117 (N. College Road) at SR 1318 (Blue Clay Road) (signalized full movement intersection) o Construct a westbound right turn lane with 150 feet of storage, 50 feet of full width deceleration and 200 feet of taper. • Extend the westbound left turn lane -150 feet to connect to the two -way left -turn lane. • Revise signal. Wilmington Urban Area Metropolitan Planning Organization City of Wilmington * Town of Carolina Beach * Town of Kure Beach * Town of Wrightsville Beach County of New Hanover * Tovgq &A&-hilbb?nFMgi ®fiW�n'qbBt pg!f 02 ®ssa • County of Brunswick County of Pender * Cape Fear Public TransportathiE&p.ti grity_*t North Carolina Department of Transportation • SR 2181 (Dairy Farm Road) at Site Access 1 (proposed stop - controlled full movement intersection) • Construct the site access with one ingress and one egress lanes. • Provide stop control for the eastbound approach. • Provide 100 feet of internal protected stem on the eastbound approach. • Design site access according to NCDOT standards • SR 2181 (Dairy Farm Road) at Site Access 2 (proposed stop - controlled full movement intersection) • Construct the site access with one ingress and one egress lanes. • Provide stop control for the eastbound approach. • Provide 100 feet of internal protected stem on the eastbound approach. • Design site access according to NCDOT standards. • SR 2181 (Dairy Farm Road) at Site Access 1 (proposed stop - controlled full movement intersection) • Construct the site access with one ingress and one egress lanes. • Provide stop control for the eastbound approach. • Provide 100 feet of internal protected stem on the eastbound approach. • Design site access according to NCDOT standards. If changes are made to the proposed site driveways and /or land use, the current trip distribution may need to be modified and would require a revised Traffic Impact Analysis to be submitted for review by the NCDOT, WMPO, and New Hanover County. This approval will become null and void. The applicant is required to obtain all applicable County and NCDOT permits for access to the road network. All applicable NCDOT and County technical standards and policies shall apply. Please contact me at 910 - 772 -4170 with any questions regarding this approval. Sincerely, Kayla Grubb, El Project Manager Wilmington Urban Area Metropolitan Planning Organization Ec: Mike Kozlosky, Executive Director, WMPO Bill McDow, Transportation Planner, WMPO Scott James, PE, Transportation Planning Engineer, WMPO Denys Vielkanowitz, PE, City Traffic Engineer, City of Wilmington Brian Chambers, AICP, Senior Planner, City of Wilmington Ben Hughes, PE, District Engineer, NCDOT Eva Covarrubias, El, Transportation Engineering Associate, NCDOT Jessi Leonard, PE, Division Traffic Engineer, NCDOT Jon Roan, Assistant District Engineer, NCDOT Board of Com kMo�A ?October 5, 2020 ITEM: 13- 8 - 2 This report is printed on recycled paper with 30% post- consumer content. Prod ect #. 200218 All paper is FSC Certified. The entire document, including binding, is 100% recyclable. Board of Commissioners - October 5, 2020 ITEM: 13- 9 - 1 �4) DAVENPORT Transportation Impact Analysis Sidbury Crossing New Hanover County, NC Prepared for H H Multi, LLC June 26, 2020 Analysis by: John M. Davenport, ill Dionne C. Brown, PE Drafting /Graphics by: John M. Davenport, III Reviewed by: Dionne C. Brown, PE Tou Lee, El Sealed by: Dionne C. Brown, PE '�[��11 Q N f t :¢ - :� SEAL'• T 040247 _ Xp 4'GINE.i ` ♦j This report is printed on recycled paper with 30% post- consumer content. 21 ♦ All paper is FSC Certified. The entire document, including binding, is 100% recyclable. This document, together with the concepts and designs presented herein, is intended only for the specific purpose and client for which it was prepared. Reuse of, or improper reliance on, this document by others without written authorization and adaptation by DAVENPORT shall be without liability to DAVENPORT and shall be a violation of the agreement between DAVENPORT and the client. Hume Office: I N hruukFto wii \vCIIUC, Suirc PI 11 \ \In.,n)n- Salon. \-(' ? -Ii)1 \ lain: 336 -44 16'56: 1 ax: 336 455 7' Board of Commissioners - October 5, 2020 ITEM: 13- 9 - 2 Scn ink the Smirhuasr ;incc 31iU? DAVE MO RT Sidbury Crossing — Transportation Impact Analysis New Hanover County, NC Prepared for HH Multi, LLC June 26, 2020 Table of Contents 1.0 Introduction .............................................................................. ............................... 2 Figure1 — Site Plan ...................................................................... ............................... 3 Figure 2A — Site Location Map ..................................................... ............................... 4 Figure2B — Vicinity Map ............................................................... ............................... 5 2.0 Existing Conditions ................................................................. ............................... 6 2.1 Inventory ................................................................................. ............................... 6 2.2 Existing Traffic Volumes ......................................................... ............................... 7 Figure 3 — Existing Lane Geometry .............................................. ............................... 8 Figure 4 — 2020 Base Traffic Volumes .......................................... ............................... 9 3.0 Approved Developments and Committed Improvements .. ............................... 10 3.1 Approved Developments ....................................................... ............................... 10 3.2 Committed Improvements ..................................................... ............................... 10 4.0 Methodology .......................................................................... ............................... 11 4.1 Base Assumptions and Standards ........................................ ............................... 11 5.0 Capacity Analysis .................................................................. ............................... 12 5.1 Level of Service Evaluation Criteria ...................................... ............................... 12 6.0 2024 Full Build Conditions .................................................... ............................... 13 6.1 Trip Generation ..................................................................... ............................... 13 6.2 Trip Distribution ..................................................................... ............................... 13 6.3 2024 Future No Build Traffic ................................................. ............................... 13 6.4 2024 Full Build Total Traffic .................................................. ............................... 13 Figure 5— Primary Trip Distribution ............................................. ............................... 14 Figure 6 — 2024 Future No Build Volumes .................................. ............................... 15 Figure7 — Site Trips ................................................................... ............................... 16 Figure 8 — 2024 Future Build Volumes ....................................... ............................... 17 6.5 Full Build Discussion of Results ............................................ ............................... 18 6.6 Full Build Recommended Improvements .............................. ............................... 22 Figure 9 — Full Build Recommended Improvements ................... ............................... 23 7.0 Queue Results ....................................................................... ............................... 24 8.0 Summary and Conclusion .................................................... ............................... 27 Appendix....................................................................................... ............................... 28 6/26/2020 Sidbury Crossin — Transportation Impact Analysis Board of Commissioners - October 5, 2020 ITEM: 13- 9 - 3 DAVE MO RT Sidbury Crossing — Transportation Impact Analysis New Hanover County, NC Prepared for HH Multi, LLC June 26, 2020 1.0 Introduction The proposed Sidbury Crossing is to be located across Sidbury Road between 1 -40 and Dairy Farm Road in New Hanover County, North Carolina. The development will utilize three (3) site accesses. All three site accesses are proposed to be full access with each located on Dairy Farm Road between Sidbury Road and Blue Clay Road. Figure 1 shows the site plan. Figures 2A and 2B show the site location map and vicinity map, respectively. The Sidbury Crossing will be analyzed for one (1) full build: • Full Build will consist of 320 apartment dwelling units. The build year for Full Build is assumed to be 2024. DAVENPORT was retained to determine the potential traffic impacts of this development and to identify transportation improvements that may be required to accommodate the impacts of both background traffic and new development traffic. The following intersections were included in the study: 1. Sidbury Road at Dairy Farm Road (unsignalized) 2. Sidbury Road at Blue Clay Road (unsignalized) 3. Blue Clay Road at N. College Road (signalized) 4. Dairy Farm Road / S.R. 2181 at Site Access 1 (unsignalized) 5. Dairy Farm Road / S.R. 2181 at Site Access 2 (unsignalized) 6. Dairy Farm Road / S.R. 2181 at Site Access 3 (unsignalized) The intersections were analyzed during the AM (7 -9 am) and PM (4 -6 pm) peaks for the following conditions: • 2020 Existing Conditions • 2024 Future No -Build Conditions • 2024 Full Build Conditions • 2024 Full Build Conditions with Improvements (as necessary) The Wilmington Urban Metropolitan Planning Organization (WMPO) and NCDOT were contacted to obtain background information and to ascertain the elements to be covered in this Transportation Impact Analysis (TIA). The approved scope for this TIA is included in the supporting documentation section of the appendix. Information regarding the property was provided by HH Multi, LLC. 6/26/2020 Sidbury Crossin — Transportation Impact Analysis 2 Board of Commissioners - October 5, 2020 ITEM: 13- 9 - 4 FIGURE 1 CONCEPT PLAN F� LIL FIGURE 2A SITE INDICATOR SITE LOCATION MAP 1 1 r, - - - { FIGURE 2B STUDY INTERSECTIONS � � � � � VICINITY MAP BACKGROUND PROPOSED mmissioners - October 5, 2020 DAV F MO RT 2.0 Existing Conditions 2.1 Inventory A field investigation was conducted by DAVENPORT staff to determine the existing roadway conditions in the study area. Table 2.1 contains the results of this effort. Figure 3 illustrates the existing lane geometry. 6/26/2020 Sidbury Crossin — Transportation Impact Analysis 6 Board of Commissioners - October 5, 2020 ITEM: 13- 9 - 8 Table 2.1 - Street Inventory Facility Route # Typical Cross Pavement Speed Maintained By Name Section Width Limit N. College US 117 2 -lane Approx. 22' 45 MPH NCDOT Road undivided Blue Clay SR 1318 2 -lane Approx. 20' 55 MPH NCDOT Road undivided SR 2 -lane Sidbury Road 1336/SR Approx. 22' 55 MPH NCDOT 1572 undivided Dairy Farm SR 2181 2 -lane Approx. 20' 55 MPH NCDOT Road undivided 6/26/2020 Sidbury Crossin — Transportation Impact Analysis 6 Board of Commissioners - October 5, 2020 ITEM: 13- 9 - 8 DAVE MO RT 2.2 Existing Traffic Volumes Existing traffic volumes for this project were collected by DAVENPORT staff. During scope approval of the development, it was agreed upon to use data collected from the Sidbury Farms Development that included similar intersections and to project the volumes by 1% over one year. Table 2.2 contains the dates these counts were collected. Schools were in session at the time of traffic counts. A system peak hour was used for the traffic analysis. The peak hour occurred at approximately 7:15 to 8:15 AM, and 4:15 to 5:15 PM. Figure 4 shows the 2020 base AM and PM peak hour volumes. More information can be found in the Traffic Volume Data section of the appendix. Table 2.2 - Traffic Count Location: Volume Data Date Taken: Blue Clay Road at N. College Road 9/24/2019 DAVENPORT Sidbury Road at Blue Clay Road 9/24/2019 DAVENPORT Sidbury Road at Dairy Farm Road 9/24/2019 DAVENPORT 6/26/2020 Sidbury Crossin — Transportation Impact Analysis 7 Board of Commissioners - October 5, 2020 ITEM: 13- 9 - 9 boara of uommissioners - uctooer 5, LULU ITEM: 13- 9 - 10 Board of Commissioners - October 5, 2020 ITEM: 13- 9 - 11 DAVE MO RT 3.0 Approved Developments and Committed Improvements 3.1 Approved Developments Approved developments are developments that have been recently approved in the area, but not yet constructed. Per WMPO staff, there are three (3) approved developments to be considered in this analysis. The first is the Sidbury Road Development located across Sidbury Road between Edna Buck Drive and Buck Drive. This development consists of 655 single family dwelling units and 103 townhomes. The second is the Cape Landing Development located west of Blue Clay Road and N. College Road. This development consists of 126 single family homes to be built by 2021. However, 37 homes are currently built and occupied, so volumes were adjusted accordingly based on the submitted TIA's distribution. The new trip generation and associated site trips figure can be found in the appendix and in Figure A. 3.2 Committed Improvements Committed Improvements are improvements that are planned by NCDOT, a local municipality, or a developer in the area, but not yet constructed. Per NCDOT and WMPO, there are a few committed improvements during the 2024 conditions in the vicinity of this project. Cape Landing committed improvements: Blue Clay Road at N. College Road • Extend the existing eastbound left turn lane to provide 150 feet of storage, and appropriate full -width deceleration and taper. Provide permitted + protected phasing on movement. • Restripe northbound approach between the existing painted island, south of the intersection, and the existing northbound left turn lane to provide a two- way -left- turn -lane. Provide permitted + protected phasing on movement. • Revise signal Sidbury Road Development committed improvements were not included in the analysis as the improvements were not associated with the study intersections. 6/26/2020 Sidbury Crossing Transportation Impact Analysis 10 Board of Commissioners - October 5, 2020 ITEM: 13- 9 - 12 DAVE MO RT 4.0 Methodology 4.1 Base Assumptions and Standards In general, the analysis for this project was conducted utilizing commonly accepted NCDOT standards. The following table contains a summary of the base assumptions: Table Peak Hour Factor 0.90 Background Traffic Annual Growth Rate 1.0% per year for all roadways Analysis Software Synch ro/Si mTraffic Version 10.0 Base Signal Timing /Phasing NCDOT Lane widths 12 -feet Truck percentages 2% 6/26/2020 Sidbury Crossin — Transportation Impact Analysis 11 Board of Commissioners - October 5, 2020 ITEM: 13- 9 - 13 DAVE MO RT 5.0 Capacity Analysis 5.1 Level of Service Evaluation Criteria The Transportation Research Board's Highway Capacity Manual (HCM) utilizes a term "level of service" to measure how traffic operates in intersections and on roadway segments. There are currently six levels of service ranging from A to F. Level of service "A" represents low- volume traffic operations and Level of Service "F" represents high - volume, oversaturated traffic operations. Synchro Traffic Modeling software was used to determine the level of service for studied intersections. Note for unsignalized intersection analysis, the level of service noted is for the worst approach of the intersection. This is typically the left turn movement for the side street approach, due to the number of opposing movements. All worksheet reports from the analyses can be found in the Appendix. Table Capacity Levels of Service and Control Delay Criteria Signalized Intersection Unsignalized Intersection Level of Service Control Delay Per vehicle (sec) Level of Service Delay Range (sec) A < 10 A <_ 10 B >1Oand <_20 B >1Oand <_15 C >2Oand <35 C >15and <_25 D >35and <55 D >25and <_35 E >55and <_80 E >35and <_50 F > 80 F > 50 6/26/2020 Sidbury Crossing Transportation Impact Analysis 12 Board of Commissioners - October 5, 2020 ITEM: 13- 9 - 14 DAVE MO RT 6.0 2024 Full Build Conditions As discussed in the introduction, the full build consists of 320 single family homes to be built by 2024. 6.1 Trip Generation Trips for this development were projected based on the 10th Edition of ITE Trip Generation Manual. Table 6.1 presents the results. 6.2 Trip Distribution Site trips for this proposed development were distributed based on the existing traffic patterns and engineering judgment. These distributions were reviewed and approved by WMPO and is shown in Figure 5. The directional distributions for the full build site trips are as follows: • 40% to and from the west of Blue Clay Road • 30% to and from the south of N. College Road • 15% to and from the west of Sidbury Road • 15% to and from the north of N. College Road 6.3 2024 Future No Build Traffic The 2024 future no build traffic volumes were computed by applying a 1.0% compounded annual growth rate to the 2020 base traffic volumes and adding approved development trips. Figure 6 shows 2024 future no build traffic volumes for AM and PM peaks. 6.4 2024 Full Build Total Traffic The 2024 future build traffic volumes were obtained by summing the 2024 future no build volumes and the full build site trips due to the proposed development. Full build site trips are shown in Figure 7. The 2024 future build volumes are shown for AM and PM peaks in Figure 8. More information can be found in the Traffic volume Data section of the appendix. 6/26/2020 Sidbury Crossing Transportation Impact Analysis 13 Board of Commissioners - October 5, 2020 ITEM: 13- 9 - 15 Table 6.1 - ITE Trip Generation Sidbury Crossing 24 Hour AM Peak PM Peak Average Weekday Driveway Volumes Hour Hour Two -Way Land Use ITE Land Code Size Data Volume Enter Exit Enter Exit Source Multifamily Housing 221 320 Dwelling Adjacent 1741 30 85 86 55 (mid -rise) Units /Equation Total Trips 1,741 30 � 85 86 55 6.2 Trip Distribution Site trips for this proposed development were distributed based on the existing traffic patterns and engineering judgment. These distributions were reviewed and approved by WMPO and is shown in Figure 5. The directional distributions for the full build site trips are as follows: • 40% to and from the west of Blue Clay Road • 30% to and from the south of N. College Road • 15% to and from the west of Sidbury Road • 15% to and from the north of N. College Road 6.3 2024 Future No Build Traffic The 2024 future no build traffic volumes were computed by applying a 1.0% compounded annual growth rate to the 2020 base traffic volumes and adding approved development trips. Figure 6 shows 2024 future no build traffic volumes for AM and PM peaks. 6.4 2024 Full Build Total Traffic The 2024 future build traffic volumes were obtained by summing the 2024 future no build volumes and the full build site trips due to the proposed development. Full build site trips are shown in Figure 7. The 2024 future build volumes are shown for AM and PM peaks in Figure 8. More information can be found in the Traffic volume Data section of the appendix. 6/26/2020 Sidbury Crossing Transportation Impact Analysis 13 Board of Commissioners - October 5, 2020 ITEM: 13- 9 - 15 Board of Commissioners - October 5, 2020 ITEM: 13- 9 - 16 O SIGNALIZED INTERSECTION . UNSIGNALIZED INTERSECTION ROADWAY TRAFFIC MOVEMENT BLACK = EXISTING AM / PM PEAKS "' NOT TO SCALE "" This document, together with the concepts and designs presented herein, is intended only for the specific purpose and client for which it was prepared. Reuse of, or improper reliance on, this document by - without wditen authorization and adaptation by DAVENPORT, shall be without liability to DAVENPORT, and shall be a vid.ti.n of the agreement between DAVENPORT and the client. Board of Commissioners - October 5, 2020 ITEM: 13- 9 - 17 O SIGNALIZED O INTERSECTION . UNSIGNALIZED INTERSECTION ROADWAY TRAFFIC MOVEMENT BLACK = EXISTING BLUE= PROPOSED AM I PM PEAKS * ** NOT TO SCALE * ** This document, together with the rgncepta and designs presented herein, is intended only fa the specific purpose and client for which it was prepared. Reuse of, or improper reliance on, this document by others without wn— authorization and adaptation by DAVENPORT, shall be without liability to DAVENPORT, and shall be a -.tion of the agreement between DAVENPORT end hie client. Board of Commissioners - October 5, 2020 ITEM: 13- 9 - 18 Board of Commissioners - October 5, 2020 ITEM: 13- 9 - 19 DAVE MO RT 6.5 Full Build Discussion of Results The following section discusses 2024 full build level of service for each intersection. Recommended improvements for full build are illustrated in Figure 9. Sidbury Road at Dairy Farm Road The unsignalized intersection currently operates at LOS B in the AM and PM peaks. In 2024 future no build conditions, LOS C is expected in the AM peak and LOS B in the PM peak. In full build conditions, LOS C is expected in both the AM and PM peaks. Though there is an existing eastbound left turn, based on the NCDOT Driveway Manual, it is recommended to extend the eastbound left turn to 400 feet of storage with appropriate taper. 6/26/2020 Sidbury Crossing Transportation Impact Analysis 18 Board of Commissioners - October 5, 2020 ITEM: 13- 9 - 20 Table 6.2 - Dairy Farm Road at Sidbury Road evel of Service by .... EMEW (Delay ScenarioOverall • Eastbound .. Southbound Existing AM Peak Hour A (2) A (0) B (12.9) SB Approach 2024 No Build C (15.7) A (8.6) - ( -) I C (15.7) A (1.7) A (0) C (15.7) SB Approach 2024 Build C (20.9) A (8.8) - ( -) - ( -) - (-) C (20.9) A (2.5) C (20.9) SB Approach 2024 Build + C (16.9) A (8.8) - ( -) im� - ( -) C (18.4) C (16.7) Imp SB Approach A (2.5) A (0) C (16.9) Existing B (12.2) A (8.2) - ( -) - ( -) - ( -) B (12.2) A (4.4) A (0) B (12.2) SB Approach 2024 No Build B (14.7) A (8.6) - (-) - ( -) - (-) B (14.7) A (3.6) A (0) B (14.7) SB Approach C (19.6) A (9) - ( -) - ( -) - ( -) C (19.6) 2024 Build SB Approach A (4.4) A (0) C (19.6) 2024 Build + C (15.9) A (9) - ( -) - ( -) - ( -) E (41.4) jj[=B 11.1) Imp SB Approach A (4.4) A (0) C (15.9) 6/26/2020 Sidbury Crossing Transportation Impact Analysis 18 Board of Commissioners - October 5, 2020 ITEM: 13- 9 - 20 DAVE MO RT Blue Clay Road at Sidbury Road This unsignalized intersection currently operated at LOS C in the AM peak and LOS B in the PM peak. In 2024 future no build conditions, LOS D is expected in the AM peak and LOS C in the PM peak. In full build conditions, LOS E is expected in the AM peak and LOS D in the PM peak. While a drop in LOS is not ideal, this is typical for a stop - controlled intersection of this nature (northbound and westbound being the major approach). The delay is expected to be short - lived. It is recommended to convert this intersection into an all -way stop control. This improvement will decrease the queues at this intersection. Note, these improvements are not solely the responsibility of the developer and were offered as potential interim intersection improvements and NCDOT will need to further investigate mitigations for future traffic capacity issues. 6/26/2020 Sidbury Crossing Transportation Impact Analysis 19 Board of Commissioners - October 5, 2020 ITEM: 13- 9 - 21 Table 6.3 - Blue Clay Road at Sidbury Road Er(Delay .. .. Southbound Scenario • • AM Peak Hour C (16.5) A (0) A (4.8) Existing WB Approach 2024 No D (29.3) D (29.3) - ( -) - ( -) A (7.9) A (0) Build WB Approach D (29.3) A (0) A (4.9) 2024 E (48.1) E (48.1) - (-) - ( -) A (8) A (0) Build WB Approach E (48.1) A (0) A (5) 2024 F (62.8) F (62.8) B (13.2) - ( -) B (10.2) Build + WB F (62.8) B (13.2) B (10.2) Imp Approach B (13.9) PM B (13.9) Peak Hour - ( -) - ( -) Existing WB Approach B (13.9) A (0) A (6.6) 2024 No C C (20.4) - ( -) - ( -) A (8.8) A (0) Build WB Approach C (20.4) A (0) A (6.7) 2024 (2) D (28) l - ( -) - ( -) A (9.1) A (0) Build Approach D (28) A (0) A (6.9) 2024 E (40.4) D (25.2) E (40.4) - ( -) A (10.0) Build + NB D (25.2) E (40.4) A (10.0) Imp Approach 6/26/2020 Sidbury Crossing Transportation Impact Analysis 19 Board of Commissioners - October 5, 2020 ITEM: 13- 9 - 21 U- DAVENPORT N. College Road at Blue Clay Road This signalized intersection currently operates at LOS C in the AM peak and LOS D in the PM peak. In 2024 future no build conditions, LOS E is expected in the AM peak and LOS F in the PM peak. In full build conditions, the level of services is expected to remain the same. To address the queuing issue at this signal, it is recommended to construct a westbound right turn lane of 150 feet of storage and appropriate taper and revise the signal to accommodate the additional traffic. Note, these improvements are not solely the responsibility of the developer and were offered as potential interim intersection improvements and NCDOT will need to further investigate mitigations for future traffic capacity issues. 6/26/2020 Sidbury Crossing Transportation Impact Analysis 20 Board of Commissioners - October 5, 2020 ITEM: 13- 9 - 22 Table 6.4 - North College Road at Blue Clay Road el of Service by .... (Delay Scenarilli stbound Northbound Southbound AM Peak Hour D C B D C A C (20) B B Existing C (28) 47.1 34.5 18.1 45.3 34.6 8.7 19.8 19.9 D (40) B (19.7) C (31) B (19.8) F D D E E D A D D 2024 No E (61.4) 216.9 53.4 53.9 56.4 61.8 40.9 9.4 49.9 42.3 F (121) E (55.9) D (37.4) D (43.9) Build F E E E E D A D D 2024 Build E (65) 220 58.6 59.8 74.1 62.2 41.1 9.4 51.3 42.6 F (123.8) E (70.6) D (37.2) D (44.5) F I E E D(41) B E D A D D 2024 Build E (58.6) 220 58.6 59.8 13.1 62.2 41.1 9.4 51.3 42.6 F (123.8) D (38.2) D (37.2) D (44.5) + Imp F D PM Peak Hour C C D C A B C Existing D (49) 167.6 37.2 22.8 26.4 38 34.7 9.2 13.9 33 F (114.2) C (25.6) C (33.5) C (30.4) F F F F E D B C D 2024 No F (145) 615.4 85.6 93.4 185.8 66.7 53.6 17.3 30.8 43.2 F (359.9) F (164.2) D (49.6) D (41.4) Build F F F F E D B C D 2024 Build F (164.8) 713.6) (110.4 (114.7 (225.1) (70.1 ) (53.6) (17.7 ) (31.2) (43.2) F (404.6) 1 F (198) D (48.1) D (41.3) F F F E A E D B C D 2024 Build F (136.2) (713.6) (110.4) (114.7) (75.9) (9.4) (70.1) (53.6) (17.7) (31.2) (43.2) F (404.6) E (68.9) D (48.1) D (41.3) + Imp 6/26/2020 Sidbury Crossing Transportation Impact Analysis 20 Board of Commissioners - October 5, 2020 ITEM: 13- 9 - 22 DAVENPORT Dairy Farm Road at Site Access 1 This site access is proposed to be a full movement configuration. In 2024 future build conditions, LOS A is expected for both the AM and PM peaks. Based on NCDOT Driveway Manual, this intersection will not warrant auxiliary lanes. Therefore, no improvements are recommended for this intersection. Design site access according to NCDOT standards. Dairy Farm Road at Site Access 2 This site access is proposed to be a full movement configuration. In 2024 future build conditions, LOS A is expected for both the AM and PM peaks. Based on NCDOT Driveway Manual, this intersection will not warrant auxiliary lanes. Therefore, no improvements are recommended for this intersection. Design site access according to NCDOT standards. 6/26/2020 Sidbury Crossing Transportation Impact Analysis 21 Board of Commissioners - October 5, 2020 ITEM: 13- 9 - 23 DAVE MO RT Dairy Farm Road at Site Access 3 This site access is proposed to be a full movement configuration. In 2024 future build conditions, LOS A is expected for both the AM and PM peaks. Based on NCDOT Driveway Manual, this intersection will not warrant auxiliary lanes. Therefore, no improvements are recommended for this intersection. Design site access according to NCDOT standards. 6.6 Full Build Recommended Improvements The recommended improvements for full build are listed below: Sidbury Road at Dairy Farm Road • Extend eastbound left turn lane to 400 feet of storage and appropriate taper Blue Clay Road at Sidbury Road • Convert intersection to an all -way stop control N. College Road at Blue Clay Road • Provide a westbound right turn lane with 150 feet storage and appropriate taper • Revise signal Dairy Farm Road at Site Access 1 • Design site access according to NCDOT standards. Dairy Farm Road at Site Access 2 • Design site access according to NCDOT standards. Dairy Farm Road at Site Access 3 • Design site access according to NCDOT standards. 6/26/2020 Sidbury Crossing Transportation Impact Analysis 22 Board of Commissioners - October 5, 2020 ITEM: 13- 9 - 24 Board of Commissioners - October 5, 2020 ITEM: 13- 9 - 25 / 77--- - --------------------- Site Access 3 1.•* LO ■ AWAY fQ i y TRAFFIC MOVEMENT Site Access 2 .4 BLACK = EXISTING O BLUE = PROPOSED a to = A GREEN COMMITTED O IMPROVEMENTS m Site Access 1 U D] 3 � K to to E 0'j i li r � 4J % Sidbury 400' J Road m y a m Convert to an all-way stop V I z O L 150' N_ Ml �► r 150' Blue Clay O 0 Road O 150'1 1 1 0 0 o n N SIGNAL MODIFICATION, With the addition lane, it is also recommended of the turn to d °1 a d � modify the signal accommodate to traffic. U 0 Z FIGURE 9 RECOMMEN • • IMPROVEMENTS SIDBURY CROSSING DEVELOPMEN NEW HANOVER COUNTY, NC - 1,375' 3,775' — NQTT0SC -- " "� PROJECT NUMBER 200218 gonvuicoar. +e�ea mm .�.m. onvExvom. ab. �.oce,,,ww,��m�.o�+e�,�onvExrox, me ne � Board of Commissioners - October 5, 2020 ITEM: 13- 9 - 25 0 DAVENPORT 7.0 Queue Results Below in Tables 7.1 -7.4 are the queue results for all exclusive turn lanes. 6/26/2020 Sidbury Crossing— Transportation Impact Analysis 24 Board of Commissioners - October 5, 2020 ITEM: 13- 9 - 26 Table 7.1 - Queue Results AM Peak Hour Queues Sidbury Road at Dairy Farm Blue Clay Road & Scenario N College Road & Blue Clay Road Road Sidbury Road 2020 Existing EBL WBTR SBLR WBLR NBTR SBLT EBL EBTR WBL WBT NBL NBT NBR SBL SBTR Max Queue (ft) 25 51 136 25 100 607 199 283 125 253 70 174 272 95th Percentile 17 52 116 15 123 382 90 189 119 223 51 120 217 Queue (ft) Storage Bay (ft) 150 50 150 75 250 125 2024 Future No EBL WBTR SBLR AM WBLR NBTR SBLT EBL EBTR WBL WBTR NBL NBT NBR SBL SBTR Build I Max Queue (ft) 31 M_ 92 276 25 200 2903 200 387 100 580 400 174 402 95th Percentile 30 66 210 14 224 3569 216 341 112 487 292 208 396 Queue ft Storage Bay (ft) 150 150 150 100 250 125 2024 Build EBL WBTR SBLR WBLR NBTR SBLT EBL EBTR WBL WBTR NBL NBT NBR SBL SBTR Max Queue (ft) 53 21 115 314 53 200 2866 200 562 150 486 400 174 440 95th Percentile 38 7 103 232 27 215 3267 252 527 189 421 264 206 404 Queue (ft) Storage Bay (ft) 150 150 150 100 250 125 2024 Build + Imps EBL WBTR SBL SBR WBLR NBTR SBLT EBL EBTR WBL WBT WBR NBL NBT NBR SBL SBTR Max Queue (ft) 31 22 74 104 162 92 72 200 1841 128 177 195 150 439 400 175 408 95th Percentile Queue (ft) 35 7 44 82 154 73 43 200 1957 112 157 106 185 323 213 225 368 Storage Bay (ft) 400 M 150 150 150 150 100 250 125 6/26/2020 Sidbury Crossing— Transportation Impact Analysis 24 Board of Commissioners - October 5, 2020 ITEM: 13- 9 - 26 D VFN'ORT 6/26/2020 Sidbury Crossin — Transportation Impact Analysis 25 Board of Commissioners - October, 2020 ITEM: 13- 9 - 27 Sidbury Road at Dairy Farm Blue Clay Road & Scenario Road Sidbury Road N College Road & Blue Clay Road 2020 Existing EBL WBTR SBLR WBLR NBTR SBLT EBL EBTR WBL WBTR NBL NBT NBR SBL SBTR Max Queue (ft) 54 22 66 161 27 100 2866 200 372 60 202 24 175 362 95th Percentile 54 7 52 115 24 100 2952 114 260 43 156 8 200 370 Queue ft Storage Bay (ft) 150 50 150 75 250 125 2024 Future No Build EBL WBTR SBLR WBLR NBTR SBLT EBL EBTR WBL WBTR NBL NBT NBR SBL SBTR Max Queue (ft) 53 51 133 48 200 2890 200 1287 100 482 49 174 659 95th Percentile 54 42 108 21 201 3417 260 1297 97 361 29 190 621 Queue ft Storage Bay (ft) 150 150 150 100 250 125 2024 Build EBL WBTR SBLR WBLR NBTR SBLT EBL EBTR WBL WBTR NBL NBT NBR SBL SBTR Max Queue (ft) 143 70 1019 22 29 200 2885 200 1314 150 444 400 175 594 95th Percentile 84 61 869 9 25 200 3650 270 1567 94 355 212 212 535 Queue ft Storage Bay (ft) 150 150 150 100 250 125 2024 Build + Imps EBL SBL SBR WBLR NBTR SBLT EBL EBTR WBL WBT WBR NBL NBT NBR SBL SBTR Max Queue (ft) 75 30 45 66 116 114 30 200 2885 200 775 200 149 578 400 175 556 95th Percentile 73 10 35 45 104 117 33 203 3697 211 678 228 104 399 152 209 506 Queue ft Storage Bay (ft) 400 150 150 150 150 100 250 125 _ 6/26/2020 Sidbury Crossin — Transportation Impact Analysis 25 Board of Commissioners - October, 2020 ITEM: 13- 9 - 27 DAVE MORT 6/26/2020 Sidbury Crossing— Transportation Impact Analysis 26 Board of Commissioners - October b, 2020 ITEM: 13- 9 - 28 Table 7.3 - Queue Results PIVI Peak Hour Queues AM Peak Hour Queues Dairy Farm Road & Site Access 1 Dairy Farm Road & Site Access 2 Scenario Dairy Farm Road & Site Access 1 Dairy Farm Road & Site Access 2 Dairy Farm Road & Site Access 3 2024 Build EBLR NBLT EBLR NBLT EBLR NBLT Max Queue (ft) 42 26 66 20 95th Percentile Queue ft 38 15 53 17 Storage Bay (ft) Storage Bay (ft) 6/26/2020 Sidbury Crossing— Transportation Impact Analysis 26 Board of Commissioners - October b, 2020 ITEM: 13- 9 - 28 Table 7.4 - Queue Results PIVI Peak Hour Queues Scenario Dairy Farm Road & Site Access 1 Dairy Farm Road & Site Access 2 Dairy Farm Road & Site Access 3 2024 Build EBLR NBLT EBLR NBLT EBLR NBLT Max Queue (ft) 42 52 24 18 25 95th Percentile Queue ft 38 39 12 13 8 Storage Bay (ft) 6/26/2020 Sidbury Crossing— Transportation Impact Analysis 26 Board of Commissioners - October b, 2020 ITEM: 13- 9 - 28 DAVE MO RT 8.0 Summary and Conclusion The proposed Sidbury Crossing is to be located across Sidbury Road between 1 -40 and Dairy Farm Road in New Hanover County, North Carolina. The development will utilize three (3) site accesses. All three site accesses are proposed to be full access with each located on Dairy Farm Road between Sidbury Road and Blue Clay Road. The Sidbury Crossing will be analyzed for one (1) full build: • Full Build will consist of 320 apartment dwelling units. The build year for Full Build is assumed to be 2024. Full Build's trip generation indicates that the proposed development is expected to generate 115 trips in the AM peak, and 141 trips in the PM peak. DAVENPORT was retained to determine the potential traffic impacts of this development and to identify transportation improvements that may be required to accommodate the impacts of both background traffic and new development traffic. Based on the analysis of the development there were a couple intersections that operated below the ideal level of service. Note, these improvements are not solely the responsibility of the developer and were offered as potential interim intersection improvements and NCDOT will need to further investigate mitigations for future traffic capacity issues. The recommended improvements at the study intersections are summarized in Table 8.1 below. In conclusion, this study has reviewed the impacts of both background traffic and proposed development traffic and has provided recommendations to accommodate future traffic. Please note the proposed site access should be designed according to NCDOT standards. 6/26/2020 Sidbury Crossing Transportation Impact Analysis 27 Board of Commissioners - October 5, 2020 ITEM: 13- 9 - 29 • • • ' • - • - 9. • Extend eastbound left turn lane to 400 feet of storage 06.9 and appropriate taper - Convert intersection to an all -way stop control • Provide a westbound right turn lane with 150 feet storage and appropriate taper • Revise signal 0 - 0 0 Design site access according to NCDOT standards Design site access according to NCDOT standards • Design site access according to NCDOT standards In conclusion, this study has reviewed the impacts of both background traffic and proposed development traffic and has provided recommendations to accommodate future traffic. Please note the proposed site access should be designed according to NCDOT standards. 6/26/2020 Sidbury Crossing Transportation Impact Analysis 27 Board of Commissioners - October 5, 2020 ITEM: 13- 9 - 29 PROPOSED SITE PLAN Board of Commissioners - October 5, 2020 ITEM: 13- 10 - 1 G N 2� N� v� 0 SITE n �v� S \DBVRY RD Z� J U.S. INTERSTATE 140 VICINITY MAP \` NOT TO SCALE NORTH t -tea - an -om �� an -o°I - a ^ -0 °� oot _� an -oa so s 0 an-oos /8A-oo9 f- _ -o°s s yr r .O" C 1 I� 'J II �� II /� I�, I SITE DATA PARCEL ID: R01800- 003 - 012 -001 CURRENT ZONING: R -15 PROPOSED ZONING: RMF -L PROPOSED USE: MULTI - FAMILY PROJECT SITE AREA: + 31.12 AC OWNER INFORMATION: DESIRABLE PROPERTIES LLC 341 NORTH GREEN MEADOWS DRIVE, SUITE 100 WILMINGTON, NC 28405 FLOOD INFORMATION: THIS PARCEL CONTAINS AREAS LOCATED IN FLOOD ZONE "AE" WITH A BFE OF 31.7' AS DETERMINED BY FEMA FLOOD PANEL 3720324100K DATED AUGUST 28, 2018. FUTURE LAND USE DESIGNATION: COMMUNITY MIXED USE & GENERAL RESIDENTIAL RMF -L ALLOWABLE DENSITY: 10 DU /AC (311 UNITS) PROJECT PROPOSED DENSITY: 9.25 DU /AC (288 UNITS) PROPOSED UNITS 96 SPACES (48 UNITS * 2 SPACES/ UNIT) PROPOSED UNITS: DIMENSIONAL REQUIREMENTS FRONT SETBACK: REAR SETBACK: SIDE SETBACK: BUILDING SEPARATION: MAX. BLDG. HEIGHT: 288 UNITS (96) 1 -BED UNITS (144) 2 -BED UNITS (48) 3 -BED UNITS 35' 25' 20' INTERIOR 30' SIDE STREET 20' 45'(3 STORIES) SITE DATA (CONT'D) PARKING REQUIREMENTS: SEC 81 -1: MULTI - FAMILY RESIDENTIAL: ONE AND ONE -HALF (1.5) SPACES PER 1 BEDROOM UNIT AND TWO (2.0) SPACES PER 2+ BEDROOM UNITS. PARKING REQUIRED: 528 SPACES 1 -BED UNIT 144 SPACES (96 UNITS * 1.5 SPACES / UNIT) 2 -BED UNIT 288 SPACES (144 UNITS * 2 SPACES/ UNIT) 3 -BED UNIT 96 SPACES (48 UNITS * 2 SPACES/ UNIT) PARKING PROVIDED: 528 SPACES (INCLUDING ADA AND GARAGE SPACES) SURFACE SPACES: 472 SPACES GARAGES: 56 SPACES SEC 81 -1: CLUBS, PUBLIC, PRIVATE, AND ASSOCIATED USES: ONE (1) PARKING SPACE FOR EACH ONE HUNDRED (100) SQUARE FEET OF GROSS FLOOR SPACE. PARKING REQURED: 50 SPACES (5,000 SF CLUBHOUSE/ 100 SF) PARKING PROVIDED: 50 SPACES TOTAL ADA REQUIRED: 11 SPACES TOATL ADA PROVIDED: 14 SPACES TOTAL PARKING REQUIRED: 578 SPACES TOTAL PARKING PROVIDED: 578 SPACES (INCLUDES SURFACE, GARAGES, AND ADA SPACES) OPEN SPACE CALCULATIONS: OPEN SPACE REQUIRED: PROVIDED: 6.22 AC (20% OF GROSS ACREAGE) + 10.70 AC SITE DATA (CONT'D) SITE LIGHTING: 1. ALL STREET AND PARKING LIGHTING WILL BE DESIGNED AND INSTALLED BY DUKE ENERGY. 2. ALL LIGHTING ON APARTMENT BUILDINGS WILL BE DESIGNED AND INSTALLED BY BUILDER. 3. LIGHT FIXTURES T.B.D. SURVEY & UTILITY NOTES: 1. REFERENCE DEED BOOK INFORMATION PROVIDED ON EXISTING CONDITIONS PLAN. 2. UTILITES SHOWN HEREON ARE FROM INFORMATION VISIBLE IN THE FIELD AND MAPS PROVIDED BY OTHERS. UTILITIES OTHER THAN WHAT ARE SHOWN MAY EXIST. LOCATION OF UNDERGROUND UTILITIES ARE APPROXIMATE. 3. WATER AND SEWER WILL BE PROVIDED BY CFPUA. TREE SURVEY NOTES: 1. A SITE INVENTORY WAS MADE OF THE REGULATED VEGETATION. THE SITE VEGETATION CONSISTS PRIMARILY OF 2" -8" PINES WITH SCRUB UNDERSTORY AND SOME 11'-5'. SWEETGUMS AND RED MAPLES. FLOODPLAIN AND WETLAND AREAS SHOWED THE MOST DIVERSITY WITH BALD CYPRESS, SWEETBAY MAGNOLIAS, WAX MYRTLE, AND CHERRY LAURELS (NONE OBSERVED OF REGULATED SIZE). A FEW 10 " -12" PINES EXISTED IN BUFFER AREAS. THE NORTHERN MOST PORTION OF THE SITE EXHIBITED A FEW 2 " -3" SOUTHERN MAGNOLIAS. NO HERITAGE TREES WERE IDENTIFIED ON SITE. 2. VEGETATION IN WETLANDS, BUFFERS, AND FLOODWAYS ARE INTENDED TO REMAIN WITH SELECTIVE CLEARING OF DEAD /DISEASED MATERIAL AND DEBRIS. 3. NO SIGNIFICANT OR HERITAGE TREES WERE OBSERVED ON SITE. IF ANY ARE FOUND WITH ADDITIONAL SURVEY WORK, THEY WILL BE DOCUMENTED AND WILL BE PRESERVED WHEN POSSIBLE. 4. A CERTIFIED TREE SURVEY WILL BE SUBMITTED WITH THE DETAILED DESIGN FOR CONSTRUCTION PERMITTING. 5. MAXIMUM EFFORT WILL BE MADE FOR THE PRESERVATION OF PROTECTED TREES. REMOVAL SHALL BE LIMITED ONLY TO WHAT IS NECESSARY FOR BUILDING FOOTPRINTS, PARKING AREAS, STORMWATER PONDS, AND OTHER ESSENTIAL SITE IMPROVEMENTS. PROPOSED PUMP STATION PROPOSED 30' ACCESS GARAGE BUILDING, & UTILITY EASEMENT TYP. INTERSTATE 40 - _ ��_- PUBLIC KOiY FJDTH VARIES - I�T any c -_ _ ee _ x z - II �� j-Y-= z- �- I • \ \ s \ \��^ / 3JN3aj 3aIM b IIII�II I�'III I I . 3N3a 3aIM .b J \ VOL \ ' OHE• ` E 3�N3aj 3alM.b W aoNaa1e IM, 20' WIDE BUFFER �\ �` � G -6 (7-UNIT)� - 20' VOLUNTARY LANDSCAPE BUFFER TORE CIVICIV I I IVHIV VC CHJ UNIT U' MHI N t t G5 11 • � • ��- � \ SETBACK , I 'II `�•` ���+_`` •` •`•' • \ o` -t / - 30' SIDE STREET � .. '- ` + ' `�--` • C�AS,I=AS,E'MENTfbO'`R�V1/ I" `•30' SIDE ST `E1' SEif'ACK.f • ' r • .�_ I •T-.`r • r I I� II /p1 Y • `• �GI I Y f•� • I 1 v I Fr� I$e I ` ` Dh Bldg 3 Bldg 4 -Type B -1 `�'I•• `" Bldg 5 ,`•� Type B -3 �'!• Type B -3 I�J WE ,L T 12 Unit (24 Unit) TYP. � ' 12 Unit CIO M \ \ate m I llll F , v / LO � �- STORMWATER -p �II POND 0 1.61 AC � I• j = 1 O \ FLOODWAY / W \ \ _ W I aRQos ati'o' N / an -o R III � Board of Commissioners - October 5, 2020 ITEM: 13- 11 - 1 AREA LEFT VEGETATED AS BUFFER TO FLOODWAY If« uv• S O v kLi Bldg 9 - Type B -1 w (24 Unit) ­_ vv - uvl� VV"- +- I vDa"', - i- -N,tvv _ = O V• r SS - -SS r s °^G+f � G m * G -3 (11 -UNIT/ 2 �r , •r °, . $ "�, • �. J * \, •BAY CAR WASH),,' ^ p \ WE '� ,�, .�.` � "1'? ,�o Cam' A. ` "�, •�'�� • •'e, s `ft` °�Fl G,2 150' POWER LINE Y EASEMENT l2-t i Ilk Qi •� «�" qY -_ W W APARTMENT BUILDING, TYP. APPROXIMATE LOCATION OF / EXISTING WATER MAIN PROPOSED 8" WATER MAIN, TYP.; TO TIE TO EXISTING WATER MAIN LOCATED WITHIN DAIRY FARM RD. ROW PROPOSED FORCE MAIN, TYP. PROPOSED FIRE HYDRANT, TYP. DESIGNATED PARKING SPACES FOR CLUB HOUSE USE CLUB HOUSE W/ MAIL FACILITY 5,000 SF POOL, POOL HOUSE AND FIRE PIT - .57 JJ - -� SS SS � Ss- AA - - ►� SS SS - - M Nt loll 11 Bldg 12 - Type B -1 Bldg 14 -Type B -1 (24 Unit) (24 Unit) ' ,X Bldg 13 - Type B -2 DOG ( X 24 Unit)` «` ' PARK G CD / ON, SAS 0� �o, �DT� �WI 1 ( ptJ APPROXIMATE LOCATION OF EXISTING WATER MAIN - GRAVITY SEWER MH (TYP.) WETLAND REMAINING UNDISTURBED: 1.64 AC STORMWATER POND \ 1.07 AC �® CCD M /F 1 1 WC - PROPOSED 8" GRAVITY SEWER, TYP. - PROPOSED BLOW -OFF VALVE, TYP. - 5' WIDE CONCRETE SIDEWALK, TYP. WETLAND IMPACT (THIS WETLAND): 0.16 AC WETLAND REMAINING n UNDISTURBED: 0.40 AC F � m r 0 V 7 0 0 0 0 FLOODWAY (ALL UNDISTURBED): 1.98 AC 0 0 0 FLOODPLAIN /UNDISTURBED WOODLAND: 1.47 AC NATURAL FEATURES DIAGRAM Jl�/1LC. I - OW REMAINING PROJECT AREA: 24.17 AC; INCLUDES OPEN SPACE, BUFFERS, PONDS, BUILDINGS, PARKING, AMENITY I WETLAND IMPACT (THIS WETLAND): 0.09 AC WETLAND REMAINING UNDISTURBED: 0.96 AC 0 100 200 300 feet N O R T H SCALE: 1" =100' O 1� U O U O Q W W O I nW h-� F--"I 0 N V G 0 P \\ 5� 5�0 0 hlM Ao 20' VEGETATED BUFFER REMAINING PROJECT AREA: 24.17 AC; INCLUDES OPEN SPACE, BUFFERS, PONDS, BUILDINGS, PARKING, AMENITY I WETLAND IMPACT (THIS WETLAND): 0.09 AC WETLAND REMAINING UNDISTURBED: 0.96 AC 0 100 200 300 feet N O R T H SCALE: 1" =100' O 1� U O U O Q W W O I nW h-� F--"I 0 N V 0 z W 0 U LL 0 z z z a J a W a U) z a CL rri Z W U) O Of U) UJ cr O rri � O I� 00 � N �U Q C) W W O a � W LL z z z 0 W0 L Z O � N G� 00 Z N O , s� O W 4- ^ a� N 3--I 00 UZ� � W N O� Z U A W W H 0 O U O O QWO 00 N p O N I I Z N O� F- F-- Q» z Z 00 o o LL F_ Cl) a s Q Z U < z Z° w w W 5�pcn O U J Z 0 o > ZZY Q U -I W z d 0 Ir W J ovvi000 SEAL LP-1 PEI JOB #: 20211.PE NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 10/5/2020 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 -15) — Request by Design Solutions on Behalf of the Property Owner, Redland Development Incorporated, to Rezone Approximately 7.15 Acres of Land Located at 8814 Market Street (Hwy 17), North of Futch Creek Road, From R -15, Residential District, and B -1, Neighborhood Business, to (CZD) RMF -L, Conditional Residential Multi- Family Low Density District, and (CZD) CB, Conditional Community Business District, in Order to Construct a 60 -Unit Townhome Development and an 8,000 Square Foot Retail /Office /Personal Service Building BRIEF SUMMARY: The applicant is proposing to rezone approximately 7.15 acres from R -15 (approximately 6.07 acres) and B -1 (approximately 1.08 acres) to (CZD) RMF -L and (CZD) CB to construct a 60 -unit townhome development and a mixture of retail sales, office, and personal services in an 8,000 square foot building. As proposed, the RMF -L portion of the site would be 6.11 acres and the CB portion would be 1.04 acres. The portion of the site currently zoned R -15 would be permitted a maximum of 15 dwelling units, which is estimated to generate about 16 trips in both the AM and PM peak hours. Under the proposed RMF -L zoning, 60 townhomes could be constructed on the site, which is estimated to generate about 30 trips in the AM and 38 trips in the PM peak hours. The expected net difference in traffic associated with the residential development would be an increase of 14 AM and 22 PM peak trips when compared to current zoning. If the B -1 portion of the site was developed with a typical approximate 25% building footprint, an 11,000 square foot shopping center or comparable development could be built that would generate about 158 AM and 106 PM peak hours. Under the proposed conditional CB zoning, the site would be limited to 4,000 square feet of retail and 4,000 square feet of office /personal services which is estimated to generate about 25 AM trips and 32 PM trips in the peak hours. The expected difference in traffic associated with the commercial development would be a decrease of 133 AM and 74 peak trips when compared to current zoning. The total trips estimated to be generated from the site as currently zoned is about 174 in the AM peak and 122 in the PM peak hours. This proposed townhome development and retail /office /personal services building is estimated to generate about 55 trips in the AM peak and 70 trips in the PM peak which is below the 100 peak hour trip threshold so no TIA was required. When comparing the proposed rezoning to the current zoning, the net impact is expected to decrease traffic by 119 trips in the AM and 52 trips in the PM peak primarily due to the limitations on size and number of commercial uses proposed. Access is provided to the subject property by US 17, just north of Futch Creek Road. As proposed, the commercial and residential uses will share one driveway off US 17. Preliminary NCDOT comments indicate a right turn lane will be required and specific details will be determined during the driveway permitting process. In addition, the applicant has agreed to connect the proposed commercial parking lot to the existing commercial lot to the north (Benjamin Moore Paint). Board of Commissioners - October 5, 2020 ITEM: 14 Using a generalized historic student generation rate, the proposed development can be estimated to generate 14.5 (6.5 elementary, 3.3 middle, and 4.7 high) students, which is approximately 10.9 more than if developed under existing zoning. County Planning staff has worked with Schools staff to analyze recent trends related to development patterns and student generation. From 2015 to 2019, student enrollment remained at a generally stable rate of just over 27,000 students enrolled despite the issuance of approximately 11,000 permits for new residential units throughout the entire county. Using the generalized historic student generation rate, staff would estimate about 3,000 students generated from the new units over the 5 -year period. However, this increase is not reflected in the enrollment data. As a result, recent trends indicate new residential development may be generating much less student population than in the past. A detailed analysis of schools is located in the Staff Report on page 11. The site is immediately adjacent to existing commercial and single - family residential developments fronting US Hwy 17. An existing single - family neighborhood also directly abuts the subject site to the east. The proposed townhome units adjacent to the existing single - family neighborhood are rotated so the ends of the units face these nearby homes to limit the visibility from windows and balconies into the existing neighborhood. In addition, the proposed townhome units will be two stories and restricted to the same height limit that applies to the existing homes in the area. The site is designated as a Community Mixed Use place type, a common designation for areas along major roads, which is intended to provide a transition to lower density residential properties located away from the roadway. It is immediately adjacent to existing commercial and single - family residential developments fronting the highway and rear of the property. It also borders the Villages at Plantation Landing townhomes to the south with single - family homes and vacant land to the east. Commercial districts, like CB, are identified as typical zoning categories for uses in the Community Mixed Use place type. The CB zoning would allow for a variety of office, retail, and personal service uses that would be appropriate in this area. The design of the proposed project supports the transitional nature of the Community Mixed Use place type, locating the two -story commercial building immediately adjacent to the highway and existing commercial uses. The RMF -L zoning includes a townhome component with a moderate project density of 9.8 units per acre, in line with the preferred density range for the Community Mixed Use place type (up to 15 units per acre). Limiting the height of the proposed townhomes ensures they are more in line with the surrounding single - family and townhome developments. In addition, the proposed townhouse product supports the Comprehensive Plan's goal to provide for a range of housing types, opportunities, and choices for households of different sizes and income levels. The proposed conditional RMF -L and conditional CB rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because it will provide for the types of retail and office uses recommended for Community Mixed Use areas, the residential densities proposed for the townhome portion of the project are in line with those suggested for that place type, and the project will provide an appropriate transition between a major highway corridor and existing lower density residential development. The Planning Board considered this application at the September 3, 2020 meeting. At the meeting, one resident of the adjacent neighborhood spoke in opposition to the request citing concerns regarding possible downstream erosion from the stormwater outfall, buffer width, and possible wildlife impacts. The Planning Board recommended approval of the application (7 -0), finding it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed CB portion of the project will provide for the types of retail and office uses recommended for Community Mixed Use areas, the residential densities proposed for the townhome portion of the project are in -line with those suggested for that place type, and the project will provide an appropriate transition between a major highway corridor and existing lower density residential development. The Planning Board also found APPROVAL of the rezoning request is reasonable and in the public interest because the proposal has potential to provide services to the adjacent residential neighborhoods and could reduce the need to travel on Market Street, and would align with the Comprehensive Plan's goal of providing more diversity of housing types. Board of Commissioners - October 5, 2020 ITEM: 14 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) RMF -L and (CZD) CB district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed CB portion of the project will provide for the types of retail and office uses recommended for Community Mixed Use areas, the residential densities proposed for the townhome portion of the project are in line with those suggested for that place type, and the project will provide an appropriate transition between a major highway corridor and existing lower density residential development. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal has potential to provide services to the adjacent residential neighborhoods and could reduce the need to travel on Market Street, and would align with the Comprehensive Plan's goal of providing more diversity of housing types. Alternative Motion for Denial I move to DENY the proposed rezoning to a (CZD) RMF -L and (CZD) CB district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed CB portion of the project will provide for the types of retail and office uses recommended for Community Mixed Use areas, the residential densities proposed for the townhome portion of the project are in line with those suggested for that place type, and the project will provide an appropriate transition between a major highway corridor and existing lower density residential development, 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 5 -0. Board of Commissioners - October 5, 2020 ITEM: 14 SCRIPT for Conditional Zoning District Application (Z20 -15) Request by Design Solutions on behalf of the property owner, Redland Development Incorporated, to rezone approximately 7.15 acres of land located at 8814 Market Street (Hwy 17), north of Futch Creek Road, from R -15, Residential District, and B -1, Neighborhood Business, to (CZD) RMF -L, Conditional Residential Multi - Family Low Density District, and (CZD) CB, Conditional Community Business District, in order to construct a 60 -unit townhome development and an 8,000 square foot retail /office /personal service building. 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) RMF -L and (CZD) CB district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed CB portion of the project will provide for the types of retail and office uses recommended for Community Mixed Use areas, the residential densities proposed for the townhome portion of the project are in -line with those suggested for that place type, and the project will provide an appropriate transition between a major highway corridor and existing lower density residential development. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal has potential to provide services to the adjacent residential neighborhoods and could reduce the need to travel on Market Street, and would align with the Comprehensive Plan's goal of providing more diversity of housing types. [Optional] Note any conditions to be added to the district. Board of Commissioners - October 5, 2020 ITEM: 14- 1 - 1 Example Motion of Denial I move to DENY the proposed rezoning to a (CZD) RMF -L and (CZD) CB district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed CB portion of the project will provide for the types of retail and office uses recommended for Community Mixed Use areas, the residential densities proposed for the townhome portion of the project are in -line with those suggested for that place type, and the project will provide an appropriate transition between a major highway corridor and existing lower density residential development, 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 conditional (CZD) RMF -L and (CZD) CB 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 - October 5, 2020 ITEM: 14- 1 - 2 STAFF REPORT FOR Z20 -15 CONDITIONAL ZONING DISTRICT APPLICATION APPLICATION SUMMARY Case Number: Z20 -15 Request: Rezoning to conditional RMF -L and conditional CB districts Applicant: Property Owner(s): Cindee Wolf with Design Solutions Redland Development Incorporated Location: Acreage: 8800 block of US 17 7.15 PID(s): Comp Plan Place Type: R02900- 003 - 032 -000 Community Mixed Use Existing Land Use: Proposed Land Use: Undeveloped 60 Townhome Units (Row - Style) and 8,000 sf Retail /Office /Personal Services Current Zoning: Proposed Zoning: R -15 and B -1 (CZD) RMF -L Residential Multi - Family Low Density & (CZD) CB Community Business Zoning �w� (CZD) O &I. R -15 �•,,` ��1�id�� /� 7C�rr �/ (CZD) B -1 s Z20 -15 (CUD} O &I o R -7r L . c> c�,�o n t` B -2 B -1 New Hanover County, NC SURROUNDING AREA LAND USE ZONING North Professional Office, Commercial, and Institutional B -1, (CZD) B -1, R -15 East Single - Family Residential R -15 South Single - Family Residential, Commercial, Undeveloped R -15, R -7, B -1 West US 17 Right -of -Way, Single - Family Residential, Multi- Family Residential, Undeveloped R -15, (CUD) 0&1 Z20 -15 Staff Report 10.5.2020 Board of Commissioners - October 5, 2020 ITEM: 14- 2 - 1 Page 1 of 17 ZONING HISTORY July 6, 1971 I Initially zoned R -15 and B -1 (Area 5) COMMUNITY SERVICES Water /Sewer water and sewer services are available through CFPUA. Specific design Historic will be determined during site plan review. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Station Porters Neck Porters Neck Elementary, Holly Shelter Middle, and Laney High schools Schools For more information, see the full School statistics below. Recreation Ogden Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Z20 -15 Staff Report 10.5.2020 Board of Commissioners - October 5, 2020 ITEM: 14- 2 - 2 Page 2 of 17 APPLICANT'S PROPOSED CONCEPTUAL PLAN • The applicant is proposing to rezone approximately 7.15 acres from R -15 (approximately 6.07 acres) and B -1 (approximately 1.08 acres) to (CZD) RMF -L and (CZD) CB to construct a 60 -unit townhome development and a mixture of retail sales, office, and personal services in an 8,000 square foot building. As proposed, the RMF -L portion of the site would be 6.1 1 acres and the CB portion would be 1.04 acres. • The conceptual plan indicates there will be nine groups of townhomes with three buildings containing nine units each (27 total units), one building containing eight units (8 total units), and five buildings containing five units each (25 total units) for a total of 60 units. Each of the townhome buildings will be two - stories and limited to 35 feet in height. The commercial component of this proposal will be a two- story/8,000 square foot retail sales /office/personal services building and will share access with the residential portion of the site, as well as the Benjamin Moore Paint commercial development to the north. Below: Applicant's Conceptual Plan with Staff Markups. Z20 -15 Staff Report 10.5.2020 Board of Commissioners - October 5, 2020 ITEM: 14- 2 - 3 Page 3 of 17 Above: Commercial (CB) Component of the Applicant's Conceptual Plan with Staff Markups Below: Townhome (RMF -L) Component of the Applicant's Conceptual Plan with Staff Markups Z20 -15 Staff Report 10.5.2020 Board of Commissioners - October 5, 2020 ITEM: 14- 2 - 4 Page 4 of 17 • According the County's general watershed data, the downstream outfall of the site flows southeast to a tributary of Futch Creek. If this request is approved, direction of the downstream flow will be verified during the TRC review process when more detailed engineering design is completed. The applicant is proposing to design the stormwater facilities for the project to meet the County's requirement to a handle a 25 -year storm event (-z�8 inches of rain over a 24 -hour period). • If approved, the applicant will be required to obtain both a State and County Stormwater Permit prior to construction. New Hanover County Engineering will require a Stormwater Authorization -to- Construct and stormwater control measures are required to maintain the pre - development runoff rate for the 2 -, 10 -, and 25 -year storms. In addition, analysis for the 100 -year storm is required to verify that no buildings are flooded. Other New Hanover County stormwater requirements will be reviewed and verified during the TRC review process. • The open ditch that currently runs across the northeast portion of the subject site is proposed to be filled and piped to the same discharge point where it currently flows, which is to the east towards a ditch behind the homes on the northern side of New Forest Drive. The applicant has indicated that the proposed stormwater pond's outfall will also be in this location. • County development regulations require measures to ensure the development does not erode the existing channel. Engineering staff will ensure compliance with these provisions during the technical review and stormwater permitting process if the rezoning is approved. ZONING CONSIDERATIONS • The subject site is currently split zoned. Approximately 6 acres on the eastern side of the site is zoned R -15 and the remaining 1.08 acres along Market Street/US 17 is zoned B -1. • Under the County's performance residential standards, the current residentially zoned portion of the property (R- 156.07 acres) would allow up to 15 dwelling units at a maximum density of 2.5 dwelling units per acre (du/ac). The applicant is proposing 60 townhome units on 6.11 acres at a net density of 9.82 du/ac. • The portion of the property zoned B -1 (approximately 1.08 acres) is generally estimated to support about 11,000 square feet of traditional commercial uses (restaurants, offices, and retail establishments) based on a typical 25% building area for this type of zoning. Alternatively, the B -1 portion of the site could be developed residentially if a special use permit is obtained. However, any dwelling units would have to be part of a mixed use development. • A 20 -foot opaque bufferyard is required between the townhomes and the abutting single - family housing. Z20 -15 Staff Report 10.5.2020 Board of Commissioners - October 5, 2020 ITEM: 14- 2 - 5 Page 5 of 17 Residential Commercial Typical Development R -15: 15 Single - Family B -1• —11,000 sf under Current Zoning: Dwelling Units Proposed RMF -L: 60 Townhome CB: 8,000 sf Development: Dwelling Units Net Change: +45 Dwelling Units -3,000 sf Z20 -15 Staff Report 10.5.2020 Board of Commissioners - October 5, 2020 ITEM: 14- 2 - 5 Page 5 of 17 AREA SUBDIVISIONS UNDER DEVELOPMENT OJT ,t0 0 St. George' it r. h \i Scotts Hill Village Villa geAt' Z20 -15 Plantation, Landing Futch Creek Senior Living X.1 1'140 E_ ✓ r o it \Oaks At y � \V - Murray Farm - - Oaks at�Murray Farm 300 0 300 St. George 48 0 48 Scotts Hill Village 233 28 205 Futch Creek Senior Living 342 0 342 Village at Plantation Landing 48 22 26 r Total 1 971 1 50 1 921 * "Based on Building Pei rnits and Aerial Photography* TRANSPORTATION • Access is provided to the subject property by US 17, just north of Futch Creek Road. As proposed, the commercial and residential uses will share one driveway off US 17. Preliminary NCDOT comments indicate a right turn lane will be required and specific details will be determined during the driveway permitting process. In addition, the applicant has agreed to connect the proposed commercial parking lot to the existing commercial lot to the north (Benjamin Moore Paint). • There is an unimproved private drive on the southwestern portion of the subject property, however, the applicant is not proposing to make this roadway connection to Futch Creek Road. The Market Street driveway is sufficient to meet the UDO requirements and preliminary Fire Services' comments indicate that driveway is sufficient to meet access and circulation requirements for a development of this scale. The area where another connection could be possible is very narrow which would likely only accommodate one -way traffic. In addition, nearby residents have expressed a preference that a driveway connection is not made to Futch Creek Road. Z20 -15 Staff Report 10.5.2020 Board of Commissioners - October 5, 2020 ITEM: 14- 2 - 6 Page 6 of 17 • Turning movements associated with the proposed driveway are limited to right- in/right -out because of the median along US 17. Motorists leaving the subject site would be required to travel northbound approximately 400 feet to the nearest signalized u -turn. • The portion of the site currently zoned R -15 would be permitted a maximum of 15 dwelling units, which is estimated to generate about 16 trips in both the AM and PM peak hours. Under the proposed RMF -L zoning, 60 townhomes could be constructed on the site, which is estimated to generate about 30 trips in the AM and 38 trips in the PM peak hours. • The expected net difference in traffic associated with the residential development would be an increase of 14 AM and 22 PM peak trips when compared to current zoning. • The trips generated from existing B -1 portion of the property would vary based on the commercial use of the site. However, if the B -1 portion of the site was developed with a typical approximate 25% building footprint, an 11,000 square foot shopping center or comparable development could be built that would generate about 158 AM and 106 PM peak hours. Under the proposed conditional CB zoning, the site would be limited to 4,000 square feet of retail and 4,000 square feet of office /personal services which is estimated to generate about 25 AM trips and 32 PM trips in the peak hours. • The expected difference in traffic associated with the commercial development would be a decrease of 133 AM and 74 peak trips when compared to current zoning. • The total trips estimated to be generated from the site as currently zoned is about 174 in the AM peak and 122 in the PM peak hours. • The proposed townhome development and retail /office/personal services building is estimated to generate about 55 trips in the AM peak and 70 trips in the PM peak. When comparing the proposed rezoning to the current zoning, the cumulative impact is expected to decrease traffic by 1 19 trips in the AM and 52 trips in the PM peak primarily due to the limitations on size and number of commercial uses proposed. • Any development proposed on the subject site would add traffic to the nearby roadways when compared to the currently undeveloped site, but the proposed townhomes and Z20 -15 Staff Report 10.5.2020 Board of Commissioners - October 5, 2020 ITEM: 14- 2 - 7 Page 7 of 17 commercial component are expected to generate fewer trips than if the site was developed under current zoning. • 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 US 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. • The TIA also found that the nearby u -turn lane on US 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 development under the existing zoning. • A 342 -unit mixed - use /Senior Living development was recently approved on a site approximately 800 feet south of the subject property along "Old" Market Street /Futch Creek Road. Although the mixed -use development would increase the number of units in the vicinity, it is estimated to decrease the trips generated from that site than if the site was developed as currently zoned. • Staff has also provided the volume to capacity ratio for Market Street /US 17 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. NCDOT Average Annual Daily Traffic (AADT) - 2018 Road Intensity Approx. Peak Hour Trips Existing Development: Undeveloped 0 AM / 0 PM Typical Development under 15 single - family homes 174 AM / 122 PM Current Zoning: 1 1,000 sf shopping center Road in Pender County) 60 townhome units Proposed Development under 4,000 sf of retail 55 AM / 70 PM ProProposed RMF -L CB Zoning: p / g' 4,000 office /personal Drive) services Net Change under Proposed _ 119 AM / -52 PM RMF -L /CB Zoning: • 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 US 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. • The TIA also found that the nearby u -turn lane on US 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 development under the existing zoning. • A 342 -unit mixed - use /Senior Living development was recently approved on a site approximately 800 feet south of the subject property along "Old" Market Street /Futch Creek Road. Although the mixed -use development would increase the number of units in the vicinity, it is estimated to decrease the trips generated from that site than if the site was developed as currently zoned. • Staff has also provided the volume to capacity ratio for Market Street /US 17 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. NCDOT Average Annual Daily Traffic (AADT) - 2018 Road Location Volume Capacity V/C US 17 10000 Block (north of Sidbury 38,500 31,900 1.21 Road in Pender County) Market Street 8000 Block (north of Sweetwater 42,000 43,700 0.96 Drive) Z20 -15 Staff Report 10.5.2020 Board of Commissioners - October 5, 2020 ITEM: 14- 2 - 8 Page 8 of 17 Nearby Planned Transportation Improvements and Traffic Impact Analyses Traffic Impact Analyses 1 Mile Radius Approved r+ Under Review Under Draft Scotts Hill Medical , T TIA Approved NN fa Z20 -15 *•, Gfl�V4 cis 2a fi�so. <y�, f'�sys 3 The Oaks at Murray I-arm TIA Approved I cps ����AQO cA 4 0 rr�f'E Miles PDR•TER5+AfECK r 0 0.23 0.5 �4 �• Nearby NC STIP Projects: • STIP Project U -4751 (Military Cutoff Extension) • Project to extend Military Cutoff from Market Street to 1 -140. • The project is currently under construction and is expected to be completed in late 2022 /early 2023. • The project will also install a sidewalk and multi -use path along the extension of Military Cutoff and the sections of Market Street included in the project. • 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 -15 Staff Report 10.5.2020 Board of Commissioners - October 5, 2020 ITEM: 14- 2 - 9 Page 9 of 17 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 US 17 • Revising signal plan to modify phase at the US 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 I Land Use /Intensity TIA Status • 132,000 sf Office • 18,000 sf Medical Office • Approved August 5, 2019 2. Scotts Hill Medical e 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 Scotts 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 is open. No roadway improvements have been completed at this time. Z20 -15 Staff Report 10.5.2020 Board of Commissioners - October 5, 2020 ITEM: 14- 2 - 10 Page 10 of 17 SCHOOLS • Students generated from this development would be assigned to Porters Neck Elementary, Holly Shelter Middle, and Laney High schools. Students may apply to attend public magnet, year -round elementary, or specialty high schools. • Fifteen dwelling units would be permitted under the current R -15 zoning base density, and 60 units would be allowed under the proposed zoning for an increase of 45 dwelling units. • Based on average student generation rates,* there are an average of 0.24 public school students (0.11 for elementary, 0.05 for middle, and 0.08 for high) generated per dwelling unit across New Hanover County. The proposed development can be estimated to generate 14.5 (6.5 elementary, 3.3 middle, and 4.7 high) students, which is approximately 10.9 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 15 residential units Total: 3.6 under Current Zoning Assigned (1.6 elementary, 0.8 middle, 1.2 high) Proposed Development Capacity Total: 14.5 under Proposed (CZD) 60 residential units (6.5 elementary, 3.3 middle, 4.7 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 -15 Staff Report 10.5.2020 Board of Commissioners - October 5, 2020 ITEM: 14- 2 - 11 Page 11 of 17 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% Porters Neck 475 552 86% None Middle 107% Holly Shelter 917 934 98% None High 105% Laney 2063 1903 108% None *Enrollment is based on projected New Hanover County Schools enrollment for the 2020 -2021 school year. * *Capacity calculations were determined by New Hanover County Schools for the 2020 -2021 school year and are based on NC DPI Facility Guidelines & Class Size Requirements. Modifications refer to specific program requirements unique to a particular school. These may include exceptional children's classrooms beyond the original building design; classrooms to serve a unique population such as ESL; or classrooms designated for art and music if the building wasn't specifically designed with those spaces. Z20 -15 Staff Report 10.5.2020 Board of Commissioners - October 5, 2020 ITEM: 14- 2 - 11 Page 11 of 17 ENVIRONMENTAL • The property does not contain any Special Flood Hazard Areas or Natural Heritage Areas. • 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 III (severe limitation) soils, however, the site will be served by CFPUA water and sewer. CONTEXT AND COMPATIBILITY • The subject property is located along US 17, just east of the intersection with the 1 -140 Bypass and the Porters Neck growth node. • The site is immediately adjacent to existing commercial and single - family residential developments fronting US 17. An existing single - family neighborhood also directly abuts the subject site to the east. • The proposed townhome units adjacent to the existing single - family neighborhood are rotated so the ends of the units face these nearby homes to limit the visibility from windows and balconies into the existing neighborhood. • The townhome buildings will be similar to the buildings in the Villages at Plantation Landing south of the subject site. • The proposed townhomes will function as a transition from the high intensity adjacent highway to the existing single - family neighborhood directly abutting the subject site to the east. • The proposed townhome development will be two stories and restricted to the same maximum 35 -foot height that applies to the existing and adjacent areas zoned R -15. • The commercial component of the site will share a driveway with an existing commercial development to the north, which consists of two structures that are approximately 7,000 and 4,000 square feet in area. In addition, there is an approximately 2,500 square foot contractor's office to the immediate south. Representative Developments of RMF -L: Woodlands at Echo Farms Z20 -15 Staff Report 10.5.2020 Villages at Plantation Landing Board of Commissioners - October 5, 2020 ITEM: 14- 2 - 12 Page 12 of 17 Sun Coast Condos and Sun Coast Villas off Gordon Road Representative Developments of CB: Benjamin Moore Paint Store off Market Street /US 17 Representative Developments of R -15: Multi- Tenant Building off Market Street Grayson Park Z20 -15 Staff Report 10.5.2020 Board of Commissioners - October 5, 2020 ITEM: 14- 2 - 13 Clay Crossing Page 13 of 17 i is = v4 r AOL sow A. ACT � Plantation Landing 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 Community Mixed Use Map Place Type Z20 -15 Staff Report 10.5.2020 Page 14 of 17 Board of Commissioners - October 5, 2020 ITEM: 14- 2 - 14 Place Type Description Focuses on small - scale, compact, mixed use development patterns that serve all modes of travel and act as an attractor for county residents and visitors. Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi - family and single - family residential. The subject property is located along US 17, just east of the intersection with the 1 -140 Bypass and the Porters Neck growth node. It is immediately adjacent to existing commercial and single - family residential developments fronting the highway and rear of the property. It also borders the Villages at Plantation Landing townhomes to the south with single - family homes and vacant land to the east. The site is designated as a Community Mixed Use place type, a common designation for areas along major roads, which is intended to provide a transition to lower density residential properties located away from the roadway. The rezoning request consists of a 1.04 -acre portion of Community Business zoning located immediately adjacent to US 17 with the remaining 6.1 1 acres designated as RMF -L zoning located next to existing single - family homes and townhouse neighborhoods. Commercial districts, like CB, are Analysis identified as typical zoning categories for uses in the Community Mixed Use place type. The CB zoning would allow for a variety of office, retail, and personal service uses that would be appropriate in this area. The RMF -L zoning includes a townhome component with a moderate project density of 9.8 units per acre, in -line with the preferred density range for the Community Mixed Use place type (up to 15 units per acre). The design of the proposed project supports the transitional nature of the Community Mixed Use place type, locating the two -story commercial building immediately adjacent to the highway and existing commercial uses and limiting the height of the proposed townhomes so they are more in -line with the surrounding single - family and townhome developments. In addition, the increased land use efficiency of the proposed townhouse product supports the Comprehensive Plan's goal to provide for a range of housing types, opportunities, and choices for households of different sizes and income levels. The proposed conditional RMF -L and CB rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because it will provide for the types of Consistency retail and office uses recommended for Community Mixed Use areas, the Recommendation residential densities proposed for the townhome portion of the project are in -line with those suggested for that place type, and the project will provide an appropriate transition between a major highway corridor and existing lower density residential development. Z20 -15 Staff Report 10.5.2020 Board of Commissioners - October 5, 2020 ITEM: 14- 2 - 15 Page 15 of 17 PLANNING BOARD ACTION The Planning Board considered this application at the September 3, 2020 meeting. At the meeting, one resident of the adjacent neighborhood spoke in opposition to the request citing concerns regarding possible downstream erosion from the stormwater outfall, buffer width, and possible wildlife impacts. The Planning Board recommended approval of the application (7 -0), finding the application to be: CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed CB portion of the project will provide for the types of retail and office uses recommended for Community Mixed Use areas, the residential densities proposed for the townhome portion of the project are in -line with those suggested for that place type, and the project will provide an appropriate transition between a major highway corridor and existing lower density residential development. The Planning Board also found APPROVAL of the rezoning request is reasonable and in the public interest because the proposal has potential to provide services to the adjacent residential neighborhoods and could reduce the need to travel on Market Street, and would align with the Comprehensive Plan's goal of providing more diversity of housing types. STAFF RECOMMENDATION The proposed (CZD) RMF -L and (CZD) CB rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because the proposed CB portion of the project has potential to provide services to the adjacent residential neighborhoods and could reduce the need to travel on Market Street. The community scale commercial and moderate density residential would provide an orderly transition between existing lower density residential neighborhoods and development adjacent to Market Street, and would align with the Comprehensive Plan's goal of providing more diversity of housing types. Staff concurs with the Planning Board's recommendation and suggests the following motion: I move to APPROVE the proposed rezoning to a (CZD) RMF -L and (CZD) CB district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed CB portion of the project will provide for the types of retail and office uses recommended for Community Mixed Use areas, the residential densities proposed for the townhome portion of the project are in -line with those suggested for that place type, and the project will provide an appropriate transition between a major highway corridor and existing lower density residential development. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal has potential to provide services to the adjacent residential neighborhoods and could reduce the need to travel on Market Street, and would align with the Comprehensive Plan's goal of providing more diversity of housing types. Z20 -15 Staff Report 10.5.2020 Board of Commissioners - October 5, 2020 ITEM: 14- 2 - 16 Page 16 of 17 Alternative Motion for Denial I move to DENY the proposed rezoning to a (CZD) RMF -L and (CZD) CB district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed CB portion of the project will provide for the types of retail and office uses recommended for Community Mixed Use areas, the residential densities proposed for the townhome portion of the project are in -line with those suggested for that place type, and the project will provide an appropriate transition between a major highway corridor and existing lower density residential development, 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 -15 Staff Report 10.5.2020 Board of Commissioners - October 5, 2020 ITEM: 14- 2 - 17 Page 17 of 17 Case: Site Address: Existing Zoning /Use: Proposed Zoning/ Use: Z20 -15 8800 block R -15 & 13-1/ CZD RMF -L/ Market St undeveloped Townhomes N r ♦ ♦ I � ♦' �/ r/ �♦ ,I Subject Site aye -'c�� VIP- . vow 4" At ♦ . s /%, ♦ B -1 ,pC' ♦ f i 750 Feet Board of CoNmissioners - October 5, 2020 ITEM: 14- 3 - 1 R :15 Zoning Districts ❑ AC EDZD 1 -2 ❑ R -15 ❑ SC ❑ AR ❑ RMF -L ❑ 0&1 it R -20 ❑ B -1 ❑ RMF -M PD R -20S B -2 0 UMXZ ❑ R -5 ❑ RA R -7 1 -1 R -10 RFMU Indicates Conditional Use District (CUD) Indicates Conditional Zoning District (CZD) COD See Section 55.1 of the Zoning Ordinance U Incorporated Areas a SHOD Case: Site Address: Z20 -15 8800 block Market St Subject Site Existing Zoning/Use: R -15 & 13-1/ undeveloped Proposed Zoning/ Use: CZD RMF -L/ Townhomes GENERAL RESIDENTIAL it Place Types d ry�dt�On Landing 1 oaf" COMMERCE ZONE EMPLOYMENT CENTER ha GENERAL RESIDENTIAL URBAN MIXED USE ��P grantwoodCL COMMUNITY MIXED USE RURAL RESIDENTIAL 750 Feet Board of Co missioners - October 5, 2020 �Qtt"F ©Q CONSERVATION ITEM: 14- 4 - 1 �� r St'Dr Case: Site Address: Existing Zoning/Use: Proposed Zoning/ Use: Z20 -15 8800 block R -15 8t B -1/ CZD RMF -L/ Market St undeveloped Townhomes R -10 R -15, P0 CU A-1 8889 •8885 IJ, CZD,B -1 8871 Site • CUD O &1 8866 • �e /i 8856 v~ /CZD'R -7 8865 8846 • • 5 B -1 8833 8845 •8857 8840 J8840 �0 8811.8809 8841 8848840 * 10 B -2 \ 113 • \8837 8822,8822 116 • 220 8805 0�1 8814 • 8822 8830 122 126 • • 119 • 8804 8834 120 220 8 • • 8799 • 802 87.79 • 8935 • 8800 931/08936 8759 • • 89 7 8928 p� 8737 89231 • 8786 8919 8908 8762 8794 _ 8915 ' 890 * 900 Subject Site 8909• 8905 89 94,,, 89209 • 8901 ` rllb 8997 89828978 8790 J Y D pd �/ f fs/>,�433���3�7 8919 8916 910 / Ur r e�S,Ghucc� �� 8740 8971%�y/ 217 20`9`•`368 09 99. 06 ;11 Steph `! 4 8966��28Y`224 8915 • �.\ 503 ` tyo 8905, \` , `C 117113x120 ,79 8916 8901\ a� aRa 109ay 87718767 • 8908 `9108 .87598915 •8��9. 8904/��?a 750 8751` 8754 8905 8720 • Feet ❑ NePghrb®f 6"@S s - October 5, 2020 Z--/\ ITEM: 14- 5 - 1 APPLICANT MATERIALS Board of Commissioners - October 5, 2020 ITEM: 14- 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 plann ingdevelopment.nhcg ov.com CONDITIONAL ZONING DISTRICT Application Applicant /Agent Information Property Owner(s) If different than ApplicantlAgent Name Owner Name CINDEE WOLF REDLAND DEVELOPMENT INCORPORATED Company Owner Name 2 DESIGN SOLUTIONS Address Address PO BOX 7221 6622A GORDON ROAD City, State, Zip City, State, Zip WILMINGTON, NC 28406 WILMINGTON, NC 28405 Phone Phone 910 - 620 -2374 910- 443 -2700 (CONTACT: MARTIN SORENSEN) Email Email CWOLF @LOBODEMAR.BIZ REDLANDI @ICLOUD.COM Subject Property Information Address /Location 8814 MARKET STREET Parcel Identification Number(s) 326012.96.5171 [R02900- 003 - 032 -000] Total Parcel(s) Acreage 7.15 Existing Zoning and Use(s) R -15 & B -1 / VACANT Future Land Use Classification COMMUNITY MIXED -USE Application • Information (Staff Case Number Date /Time received: Received by: -.o- 15 Board of Commissioners -1 & &�,�O�g Page 3 of 7 ITEM: 14- 7 - 1 District Application — Updated 5/2017 Proposed Zoning, Use(s), & Narrative Proposed Conditional Zoning District:_ (CZD) RMF -L & (CZD) CB Total Acreage of Proposed District: 7.15 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). (CZD) RMF-L = 6.11 ACRES / PROPOSE SIXTY (60) TWO -STORY ATTACHED TOWNHOMES WITH PARKING & STORMWATER FACILITY. (CZD) CB = 1.04 ACRES / PROPOSE 8000 S.F. TWO -STORY COMMERCIAL BUILDING FOR MIX OF RETAIL, OFFICE & PERSONAL SERVICES USES WITH PARKING. 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 SITE PLAN FOR SITE LAYOUT & IMPROVEMENTS Board of Commissioners - October 5, 2020 Page 4 of 7 ITEM: 14- 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: 4000 S.F. RETAIL (820) / 4000 S.F. OFFICE (710) / 60 RESIDNETIAL TOWNHOME (230) Trip Generation Use and Variable (gross floor area, dwelling units, etc.): _CALCULATED PER GFA & DWELLINGS AM Peak Hour Trips: 4 / 6 / 26 = 36 PM Peak Hour Trips: 15/6/31 =42 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 services. 2. How would the requested Conditional Zoning District be consistent with the property's classification on the Future Land Use Map located within the Comprehensive Plan? The tract is identified in the Comprehensive Land Use Plan as a Community Mixed -use place type. The plan suggests higher densities to support the small - scale, compact development patterns that the place type promotes. The proposed development is an acceptable transition between the busy highway corridor and the more established single - family housing beyond the boundary of the tract. 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? Market Street (US Hwy 17) is a major thoroughfare of the community. Single- family residences are less attractive along very busy traffic corridors. Transition of density is an acceptable planning strategy. Board of Commissioners - October 5, 2020 Page 5 of 7 ITEM: 14- 7 - conditional Zoning District Application — Updated 5/2017 APPLICATION REQUIREMENTS Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under "Applicant Initial'. If an item is not applicable, mark as "N /A". Applications must be complete in order to process for further review. Required Information Applicant Staff Initial Initial 1 Complete Conditional Zoning District application. CAW 1105 2 Application fee — ($600 for 5 acres or less, $700 for more than 5 acres. An additional $300 fee must be provided forapplications requiring TRC review). CAW � C7 µf 3 Community meeting written summary. CAVE/ 610 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 reference of the property requested for rezoning. CAW 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 _ licopies may be required b staff depending on the size of the document site Ian. CAW N f 1 PDF digital copy of ALL documents AND plans. CAW f Page 6 of 7 Board of Commissioners (� �pogc�,�02 9 District Application — Updated 5/2017 ITEM: 14- 7 - 4� ACKNOWLEDGEMENT AND SIGNATURES By my signature below, I understand and accept all of the conditions, limitations and obligations of the Conditional Zoning District zoning for which is being applied. I understand that the existing official zoning map is presumed to be correct. I understand that I have the burden of proving why this requested change is in the public interest. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. If applicable, 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, iat public heari `gs to give representation and commitments; and 3. Act or�'my behal witho t limitations with regard to any and all things directly or indirectly connected with or arising out f th' i pp atio . REQLAND DEVELOPMENT INC / MARTIN SORENSON Signature of Property Owner(s) Print Name(s) DESIGN SOLUTIONS / CiNDEE WOLF Signs Yure of /Age _— Print Name NOTE; Form must be signed by the owner(s) of record. If there are multiple property owners a signature is required for each owner of record. If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper (approximately 2 -3 weeks before the hearing), the item will be calendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. G ■ rQ -r J Page 7 of 7 Board of Commissioners - WPWro §o0gPing District Application — Updated 5/2017 ITEM: 14- 7 - 5 � �'I � Ft� •��� L1 yN 1` fP jJn y • I'1 y Sw ON N "gym f . •`fir �! f ar flip A. T T a� � � � ,e ♦ his �'� 4 � } t' Gl it t. � t y Ail Board of ~ nmissioners II -TEM: 14- 7 - B R -15 W&A . B-1 Legal Descriptions for Conditional Zoning Districts at 8814 Market Street Rezonine 1.04 acres + /- from R -15 & B -1 to (CZD) CB: Beginning at a point in the southeastern boundary of Market Street (U.S. Hwy. 17), a variable width public right -of -way; said point being located approximately 409.5 feet along the boundary from its intersection with the northeastern boundary of Old Market Street (a.k.a. Futch Creek Road Extension); and running thence with the Market Street right -of -way: North 42 024'57" East, 155.75 feet to a point; thence South 48 001'59" East, 196.60 feet to a point in the southeastern boundary of a 30' Duke Power Right -of -way; thence South 44 028'37" East, 126.93 feet to a point; thence South 42 034'31" West, 119.60 feet to a point; thence North 53 001'58" West, 324.47 to the point and place of beginning, containing 1.04 acres, more or less. Rezoning 6.11 acres + /- from R -15 & B -1 to (CZD) RMF -L: Beginning at a point located South 53 001'58" East, 324.47 feet from a point in the southeastern boundary of Market Street (U.S. Hwy. 17), a variable width public right -of -way; said point being located approximately 409.5 feet along the boundary from its intersection with the northeastern boundary of Old Market Street (a.k.a. Futch Creek Road Extension); and running thence with the Market Street right -of -way: North 42 034'31" East, 119.60 feet to a point; thence South 44 028'37" East, 50.79 feet to a point; thence South 47 007'47" East, 135.05 feet to a point; thence South 47 020'31" East, 134.59 feet to a point; thence South 43 008'49" West, 236.54 feet to a point; thence South 46 011'17" West, 419.97 feet to a point; thence South 49 041'16" East, 105.47 feet to a point; thence South 46 005'01" West, 40.20 feet to a point; thence North 49 143'30" West, 512.22 feet to a point; thence North 47 027'07" East, 1.28 feet to a point; thence North 00 057'32" West, 33.46 feet to a point; thence South 51 018'49" East, 183.63 feet to a point; thence North 43 004'42" East, 150.37 feet to a point; thence North 51 018'49" West, 100.05 feet to a point; thence South 43 003'39" West, 47.17 feet to a point; thence North 50 054'37" West, 113.33 feet to a point; thence North 42 030'50" East, 242.05 feet to a point; thence South 52 038'43" East, 45.99 feet to a point; thence North 42 037'10" East, 75.22 feet to a point; thence South 53 004'19" East, 124.09 feet to a point; thence North 42 03431" East, 134.89 feet to the point and place of beginning, containing 6.11 acres, more or less. Board of Commissioners - October 5, 2020 ITEM: 14- 7 - 8 REPORT OF COMMUNITY MEETING NOTIFIACTION BY NEW HANOVER COUNTY ZONING ORIDINANCE FOR CONDITIONAL DISTRICT REZONINGS Project Name: The Pinnacle / 8814 Market Street Proposed Zoning: B -1 & R -15 to (CZD) CB & (CZD) RMF -L 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 July 14, 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: August 5, 2020 Design Solutions Cindee Wolf Board ot Uommissioners - Uctober b, ITEM: 14- 7 - 9 Community Information Pinacle Townhomes Name Address Email (Optional) Voleania Ryan 106 Foys Trail voleania.ryan @gmail.com for Katherine Simmons Gregory Bentley 8915 Tilbury Dr gsb.emails @gmail.com Cindee Wolf Project Planner cwolf @lobodemar.biz Board of Commissioners - October 5, 2020 ITEM: 14- 7 - 10 1*4 ❑ 13 ❑ 13 13 13 - 13 0 13 0 El ADJACENT OWNER NAME MAILING ADDRESS CITY / STATE / ZIP ADJACENT PROPERTY SITUS ADDRESS 6943 MARKET LLC 2900 MIDDLE SOUND LOOP RD WILMINGTON, NC 28411 116 FOYS TRL WILMINGTON ABDULGHANI ISMAILA 126 FOYS TRL WILMINGTON, NC 28401 126 FOYS TRL WILMINGTON ADAMS LESLIE N 117 WHITE STONE PL WILMINGTON, NC 28411 117 WHITE STONE PL WILMINGTON ANDERSON DAVID BEVERLY 8916 PLANTATION LANDING DR WILMINGTON, NC 28411 8916 PLANTATION LANDING DR WILMINGTON BAILEY KAITLIN B 8967 PLANTATION LANDING DR WILMINGTON, NC 28411 8967 PLANTATION LANDING DR WILMINGTON BALLARD AYANNA R ETAL 122 FOYS TRL WILMINGTON, NC 28405 120 FOYS TRL WILMINGTON BENTLEY GREGORY S ELIZABETH 1 8915 TILBURY DR WILMINGTON, NC 28411 8915 TILBURY DR WILMINGTON BOATWRIGHT ROY LOU ANNE 121 WHITE STONE PL WILMINGTON, NC 28411 121 WHITE STONE PL WILMINGTON BOOTH SCOTT RICHARD 8928 TILBURY DR WILMINGTON, NC 28411 8928 TILBURY DR WILMINGTON BROWN ARNOLD ETAL 8763 STEPHENS CHURCH RD WILMINGTON, NC 28411 8779 STEPHENS CHURCH RD WILMINGTON BROWN WILLIAM C ETAL 6941 WRIGHTVILLE AVE WILMINGTON, NC 28403 8841 STEPHENS CHURCH RD WILMINGTON CLAYTON PROPERTIES GROUP INC 5000 CLAYTON RD MARYVILLE, TN 37804 VILLAGES AT PLANTATION LANDING COMMUNITY DEVELOPMENT ASSN 8737 STEPHENS CHURCH RD WILMINGTON, NC 28411 8737 STEPHENS CHURCH RD WILMINGTON COXE GERALDINE RICHARDSON 109 WHITE STONE PL WILMINGTON, NC 28411 109 WHITE STONE PL WILMINGTON CURBO DAVID M KELLI E 8909 PLANTATION LANDING DR WILMINGTON, NC 28411 8909 PLANTATION LANDING DR WILMINGTON FIDELITY HOLDING COMPANY LLC 8804 MARKET ST WILMINGTON, NC 28411 8804 MARKET ST WILMINGTON FIRST BAPTIST CHURCH TRUSTEES PO BOX 751 WILMINGTON, NC 28402 8800 MARKET ST WILMINGTON FOY DAVID III ETAL 8857 STEPHENS CHURCH RD WILMINGTON, NC 28411 8857 STEPHENS CHURCH RD WILMINGTON GOODLOW JERRY W REV TRUST ETAL 8931 TILBURY DR WILMINGTON, NC 28411 8931 TILBURY DR WILMINGTON GOTTSCHALK BERNARD J ETAL 8920 NEW FOREST DR WILMINGTON, NC 28411 8920 NEW FOREST DR WILMINGTON GREEN DANIEL LEE DELPHINE RENA 8762 MARKET ST WILMINGTON, NC 28411 8762 MARKET ST WILMINGTON GREEN JERRY HRS 2118 ROBERT E LEE BLV BOSSIER CITY, LA 71112 8865 STEPHENS CHURCH RD WILMINGTON GREENE WYONNE H BARBARA 300 BUCKHURST DR WILMINGTON, NC 28411 8786 MARKET ST WILMINGTON HALL WILLIAM EDWARD JODIE BUTLER 8905 NEW FOREST DR WILMINGTON, NC 28411 8905 NEW FOREST DR WILMINGTON HINES JIMMIE 8845 STEPHENS CHURCH RD WILMINGTON, NC 28411 8845 STEPHENS CHURCH RD WILMINGTON HODGES SAMMY R LOREN L 8908 TILBURY DR WILMINGTON, NC 28411 8908 TILBURY DR WILMINGTON JOHNSON LARRY E PAULA M 8906 NEW FOREST DR WILMINGTON, NC 28411 8906 NEW FOREST DR WILMINGTON KIRSTJESSICA 8912 PLANTATION LANDING DR WILMINGTON, NC 28411 8912 PLANTATION LANDING DR WILMINGTON LASKO JUDITH A 8963 PLANTATION LANDING DR WILMINGTON, NC 28411 8963 PLANTATION LANDING DR WILMINGTON LATTER GERALD M PAMELA S 8915 NEW FOREST DR WILMINGTON, NC 28411 8915 NEW FOREST DR WILMINGTON LOWMAN CONRAD KAREN 8537 BALD EAGLE LN WILMINGTON, NC 28411 8871 STEPHENS CHURCH RD WILMINGTON MARTINEZ LORENZO LEA BARTOLOME 2119 BRANDON RD WILMINGTON, NC 28405 8790 MARKET ST WILMINGTON MCINTYRE DORTHA DAVID L SR 216 ROCKAWAY AVE APT BE BROOKLYN, NY 11233 8834 MARKET ST WILMINGTON MCINTYRE MARY L PIERCE 129 MCINTYRE TRL WILMINGTON, NC 28405 129 MCINTYRE TRL WILMINGTON MCMILLAN EUGENE LORETTA 8833 STEPHENS CHURCH RD WILMINGTON, NC 28411 8837 STEPHENS CHURCH RD WILMINGTON MOORE LISA D 8951 PLANTATION LANDING DR WILMINGTON, NC 28411 8951 PLANTATION LANDING DR WILMINGTON MOYA RAQIBA 126 FOYS TRL WILMINGTON, NC 28411 220 FOYS TRL WILMINGTON MURRAY GEORGE L HENRIETTA 8759 STEPHENS CHURCH RD WILMINGTON, NC 28405 8759 STEPHENS CHURCH RD WILMINGTON NIXON BESSIE F ETAL 8830 MARKET ST WILMINGTON, NC 28411 8830 MARKET ST WILMINGTON NIXON LIZZIE B 119 FOYS TRL WILMINGTON, NC 28411 119 FOYS TRL WILMINGTON OLSEN MARC V CYNTHIA 8905 TILBURY DR WILMINGTON, NC 28411 8905 TILBURY DR WILMINGTON PADULA ROBERT M LORA B 8919 TILBURY DR WILMINGTON, NC 28411 8919 TILBURY DR WILMINGTON PALESE MATTHEW KATHLEEN 8905 PLANTATION LANDING DR WILMINGTON, NC 28405 8905 PLANTATION LANDING DR WILMINGTON POSTEL KEVIN T KATHLEEN G 8955 PLANTATION LANDING DR WILMINGTON, NC 28411 8955 PLANTATION LANDING DR PRIDGEN BERNICE HRS 8801 STEPHENS CHURCH RD WILMINGTON, NC 28405 8801 STEPHENS CHURCH RD WILMINGTON PRIDGEN LEROYJR HEIRS 8805 STEPHENS CHURCH RD WILMINGTON, NC 28405 8805 STEPHENS CHURCH RD WILMINGTON RAWLINGS KATHY 1 8910 NEW FOREST DR WILMINGTON, NC 28411 8910 NEW FOREST DR WILMINGTON REDDICK HERBERT ETAL 265 RIDGE CIRCLE RD HENDERSON, NC 27537 8802 MARKET ST WILMINGTON REDLAND DEVELOPMENT INC 6622 GORDON RD WILMINGTON, NC 28405 8814 MARKET ST WILMINGTON RIGGINS MICHELLE A PO BOX 11079 WILMINGTON, NC 28404 8856 MARKET ST WILMINGTON SATTERFIELD ANTHONY R DIANE S 8904 PLANTATION LANDING DR WILMINGTON, NC 28411 8904 PLANTATION LANDING DR WILMINGTON SCHUMAN ZACHARY ASHLEY H 8909 TILBURY DR WILMINGTON, NC 28411 8909 TILBURY DR WILMINGTON SHUPING MARY B TRUSTEE 8743 NEW FOREST DR WILMINGTON, NC 28411 8915 PLANTATION LANDING DR WILMINGTON SIMMONS KATHERINE 3329 WILTON DR SUMPTER, SC 29150 SMALLWOOD BRANDON MELANIE 8900 TILBURY DR WILMINGTON, NC 28411 8900 TILBURY DR WILMINGTON SMITH EDWARD L LUCI M 8909 NEW FOREST DR WILMINGTON, NC 28411 8909 NEW FOREST DR WILMINGTON ST STEPHENS AME CHURCH 8799 STEPHENS CHURCH RD WILMINGTON, NC 28405 8799 STEPHENS CHURCH RD WILMINGTON STAINBACK LYNDSEY M CHRISTOPHER 8923 TILBURY DR WILMINGTON, NC 28411 8923 TILBURY DR WILMINGTON STUART EDWIN TAMY C 8927 TILBURY DR WILMINGTON, NC 28411 8927 TILBURY DR WILMINGTON TWOMEY EDWARD A SR EILEEN 17 GREEN HILLS RD LONG VALLEY, NJ 07853 8908 PLANTATION LANDING DR WILMINGTON VALE MILENE OMAR M 8916 NEW FOREST DR WILMINGTON, NC 28411 8916 NEW FOREST DR WILMINGTON VIOREL JOHN C AILEEN W 8935 TILBURY DR WILMINGTON, NC 28411 8935 TILBURY DR WILMINGTON WALKER ELIZA JANE HRS 1621 ANN ST WILMINGTON, NC 28401 8846 MARKET ST WILMINGTON WALSH HENRY 101 HUGHES RD HAMPSTEAD, NC 28443 113 FOYS TRL WILMINGTON WARD FRANK 1 III STACY R 8936 TILBURY DR WILMINGTON, NC 28411 220 CREEKWOOD RD WILMINGTON WARD FRANK J STACY 8936 TILBURY DR WILMINGTON, NC 28411 8936 TILBURY DR WILMINGTON WHEELER BRIAN T DEBORAH 8904 TILBURY DR WILMINGTON, NC 28411 8904 TILBURY DR WILMINGTON WHITLEY CHARLES J ASHLEY B 8919 NEW FOREST DR WILMINGTON, NC 28411 8919 NEW FOREST DR WILMINGTON YOUNTS AVERY HAYWARD DEBRA WYNNE ROBBINS 113 WHITE STONE PL WILMINGTON, NC 28411 113 WHITE STONE PL WILMINGTON DEVELOPMENT INCORPORATED I Project Information Notice July 14, 2020 To: Adjacent Property Owners Re: Pinnacle Townhome Community As the owner of the property at 8814 Market Street, I took note of the comments made during the past public hearing on a multi- family housing proposal and have redesigned the project. The attached plan shows sixty (60) two- story, attached townhomes. A Conditional Zoning District allows particular uses to be established only in accordance with specific standards and conditions pertaining to each individual development project. Essentially, this means that only that use, structures and layout of an approved proposal can be developed. A sketch plan of the project layout is enclosed. The County requires that the developer notify the property owners within an adjacency to the project and hold a meeting for any and all interested parties. This is intended to provide neighbors with an 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, however, a meeting cannot be held at this time. In lieu of that, you can contact the land planner, Cindee Wolf, with comments or questions at: Telephone: 910 -620 -2374, or Email: cwolf@lobodemar.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 must be recorded in a report delivered to the County along with the rezoning application. Prior to this project being reviewed by the Planning Board & Commissioners, you will receive subsequent notices of the agendas directly from the County. Those meetings provide public hearings for comment on any issues pertinent to approval of the proposal. We appreciate your interest and look forward to being a good neighbor and an asset to the community. 6622 -A Gordon Road I Wilr9ffi* W ' Tr r2 t �e Redlandl @icloud.com NC General Con raalrs License #30700 lcz� Aw. \;4400r, I , A&'., PROPOSED SITE PLAN Board of Commissioners - October 5, 2020 ITEM: 14- 8 - 1 17 ��q F�Sh Utility Notes: / I . Existing water and sanitary sewer services are currently available to the site from Cape Fear W E Public Utility Authority public mains. 5 Site ��� 2. All utility services, such as electric power, CATV, / gas * telephone shall be installed underground. 3. All water �- sewer utilities to be installed per Pant a ti �o CFPUA Technical Specifications * Standards. / 1 -140 1a6g9 °eSEo 4. Sohd waste disposal will be by private contracted c o dumpster pickup. t" b 1�1 C) +� h C� wee o Tree Preservation Notes: / I . Tree Preservation / Removal Permit is required prior to clearing $ land disturbance. 2. Prior to any clearmg, g ing rad or construction activity, tree oar protection fencing will be installed around protected trees or groves of trees and no construction workers, tools, materials, / / / / / / \ ^ ` / ode / or vehicles are permitted within the tree protection fencing. y / Vicinity Map 3. Protective fencing is to be maintained throughout the duration of the project. Land clearin and construction contractors (No Scale) p J g shall receive adequate instruction on tree protection requirements and methods. \ \ \ 4. Label protective fencing with signs to be placed every 50 /S 4 linear feet, or at least two (2) per area, in both English Fire Life Safety Notes: Spanish "Tree Protection Area: Do Not Enter." I . New hydrants must be available for use prior to 0 construction of the buildings within any development. �\� / \ 1 / Commercial ° 2. Hydrants must be located within 8' of the curb. Stormwater Management Notes: 3. Temporary street signs shall be installed at 1. Stormwater management will meet County State / / each street intersection when construction of requirements. Total limits of disturbance are / \ / \ \ j new roadways allows passage by vehicles. greater than one (I ) acre. A New Hanover Co. Grading / Erosion Control Permit will be req'd. 4. Contractor shall maintain an all weather access for emergency vehicles at all times \ during construction. y C ^ / /� Nf \ 943 Market, LIB \ j 5. A minimum of 5' shall separate underground fire lines or \ / \ D.B. 5907 -2 \2 private water mains from other underground utilities. '1 Zoning: B- •\(CM,\ G. Underground fire line * private water mains must be / / / `, / / Land Use�.Commaroal permitted * inspected by the Fire Dept. from the public right -of -way to the building. / \ • , "' / 7. Construction Type - 515 8. DuildinCJ5 will be sprinkled. o�� Site Inventory Notes: I . Soils: Le (Leon sand) 9. The FDC must be within 150' of a fire hydrant O,, Ly (Lynn Haven fine sand). within 40' of fire apparatus placement. / �v 10. Landscaping or parking can not block or impede the 46) �� / / \ / / 1 1 \ 2. This property is not impacted by any AEC. `DC or fire hydrants. A 3 -foot (3') clear space / 4 � CP . / b, 1 \l ode shall be maintained around the circumference / j ,o 4� � ew�a� ` \ \ / / 3. There are no Conservation Overlay boundaries of hydrants and FDC. / / / / /h�' Q� ova / oQ \ / / \ \ / I \ affecting this property. 4. This site is not impacted by any recognized I I . Installation of security gates across a fire apparatus / / �L 0� %road of parking lot shall be approved by the fire / 1 / historic or archeological significance. department. / / / / 5. No cemeteries were evidenced on the site. G. There are no significant trees within the s �`1 tioo Bessie Nixon etal development area. A detailed survey of D.B. 2035 -745 all regulated trees will be completed during Sib I g Zonin: R -I5 the detailed design * permitting process. Edc / / aQ I sin�o�fe Y Land Use: Residential 7. There are no Jurisdictional wetlands on the site. �2 -Story 5 I tSC��� S.f. / I I 8. There is no evidence of endangered species or / / I t11_ habitat issues on the site. O�f ice 46 � � / � \ I- - 9. This tract is not impacted by any Special Flood Hazard / / 5 ♦` I / ore / \` Area as evidenced on N.C. Flood Map 37203260000K, P r o S e / / \ y( Dated August 28, 20 18. 1 / // \`\ 10. The site runoff will flow into the Futch Creek Watershed. .04 ac . ± \ \ \� / / \� / \\ `\ A0 David Dortha McIntyre C V D.B. 1578 -1 130 (CZD) 46 �' I/ \ Zoning: R -1 5 Land Use: Vacant / / commercial / �/S 02Q NN 51 / Fidelity Holding \ Company, LLC ♦ .S ��� �� _ _ �) VA \\ D.8.6119 -016 / < 3� 44 / v 1\ / / \ Zoning: B -1 �� , \ \\ \\ Nf Use: Land �* Mary Pierce \ Commercial t O� \ McIntyre D.B. 472 -278 Ex. 00 AAA I IIII II �S Zoning: R -15 F / / `` / ti III \ �jb Land Use: Vacant Herbert G Reddick etal o� 44--_ A \ \ �� �I ♦� SS D. B. 6 48 -969 � �� e5 Zoning: R -15 0 I i oroS,e� �� C' ��� ��S P / Land Use: Residential / /4 / / 0.�' II I I \ SCE6 Nf ISM I=- L (CZD) ��,��vJ/ 2 / % JI I I �° Mary Pierce e, �31II II IIIII�I D.B. 472 -278 /5 52 �43 E �� Nf 5.99' ,� �g„ �� Zoning: K- 15 First Baptist ode /ryj \ `♦ / = I III III ` F o Land Use: Vacant Church Trustees / D.B. 1059 -517 5 \si /24 JO/ 00 ��� Off' 20 1 IIII�I I \ I F Zoning: R -1 5 Land Use: Religious / / ef.`°�° �X/ �9�`2 � I I ��'O, J ♦ , Institution ✓ \ °� / �g.5 / Ex. j D L' < a. 41 IIII IIII I 1 1 G \ / ( 9, tiY i 2 ore 1 (5� ( / VIII IIII�I 1 1 �-t7� IIII (IIII 1 I 7 CV /\ IIII IIII I >/ 54 X55 - �i / IIII 5 llll�� �- 1 0 �� ' 3� / / /�my 5tuart� / �� IIII / /D.B. 472 -278 5 G11 I I 1 IIII �# // / / �� Qi tF / / / nj/ Zoning. R -15 d 5 � 5 Q ��� �� I 1 I �I�II d Use: Residential v / I I 13 / /�► / 5&- 49 0� vIIII III 12 59 /' ` 48 Nf r o� I GO /�� I I �/ / �� // ��< Paul Chase 47 / 28 I I I a/ (o /// & Deehje Gibson D, B. 5814-12G8 4G \ I �4 � eF /Qt Zoning: Side d \ I / Land Use: Resdential %1-5 � \ \ J i � _ 2G � � 44 ° °s °s rk� i' ` / I - / 25 43 �� 24 III I / y�pQ Q,�, 23 5 43 °03'39° w��ve� v �i 29 22 �> II1� I // �/ Robert o / / 17' f - - - / 47. \ \\ I 11 �� Lora 34-29 30 � 1 � � III � � D.B. 6034 -2920 I I Zoning: K -15 I \ 31 III \ ( -I Ex. I 1' I Land Use: Residential s� "gie -fam�y N 00 °57'32" W 33.46 / 32 � � I �/_ _ Wyonne � / \ 33 N 47 °27'07" E Barbara Greene .28' S D. B. 5896 -1652 / /� / ' \ \ Development Notes: io Zoning: R-15 / / / 34 I . All development Hanover County be in accordance 0 durance. Land U e se: Residential �i / / / I / • / \ g F 35 2. Project shall comply with all Federal, State ore ♦ / / ♦ SS /O / ��a� / / / 3 New Hanover County regulations. Note - All security and decorative lighting j �� ®♦♦ / / / �o/ ` 37 J shall be- located so as not to shine or reflect Preliminary Development Data: directly onto any adjacent residential property. �� � ; � � � • � ���� Gross Site Area = 7.15 ac.± ♦♦ ` / r � RMF -L Development - G. I I ac.± CB Development ment - I .04 ac.± Stormwater @ 10 units per acre = / Pond f max. G I units. Proposed Use - 8000 s.f.± Retail / Office / Personal Services 42 11 \ / � ** 60 Units Proposed (9.8 units /ac)'* Building Height - (2) Two -story @max. 35' /41 Buildmg Height - (2) Two -story @ max. 35' Parking - 40 ��� Parkin @ I sp /400 sf GFA = 20 spaces req'd. \ ,� g - � �g90 ♦� �a 2oe:° 60 Units @ 2 sp. /unit = 120 spaces req'd. '* Total 36 Spaces prov'd. ** Daniel Lee S� 39 / / ,� Nf ** Total 1 38 Spaces prov'd. ** D I h R G `30, \ \ Co Lorenzo Martinez - Jimenez Impervious Surfaces: C q R 0 W� C� %� _ Q �; • �: �N �O il l P11. e p ine ena reen [k t- ea D. 5. 2716 -691 � � � � / �oj L Bartolom Rooftops - 4,200 s.f.± e- Martinez Preliminary Impervious Surfaces: 38 / D Pavement - 20,600 s.f.± \ � .B. 5681 -2733 Rooftops - 54,000 s.f.± Zoning: R- 15 ` Pavement - G2,000 s.f.i- Walks - 2,000 s.f.± Land Use: Residential \ Zoning: R -15 Walks - 12,800 5. f. 9.2%) - 2G >800 s.f.± (59.2 %) Land Use: Residential Total - 1 28,800 s.f.± (48.4 %) ♦ s�Eb� �` / *" 5 1 .G% Open Space prov'd. ** IS ` �« C' eGffF N '\1 � General Notes: I . New Hanover County Parcel Nos.: ♦ \ / \ 3260.12.96.5171 w E [R02000- 003 - 032 -000] 2. Total Rezoning Tract Area: 7. 1 5 ac. 3. Existing Zoning District: R -1 5 * B- I Proposed Zoning Districts: l 1 .04 ac.± CB (CZD) / G. I I ac.± RMF -L (CZD) Graphic 5cal e / / \ Villages at Plantation ♦ 6'� / f / Landing HOA, Inc ♦ \ / 4. CAMA Land Classification: Transition 40 30 20 10 O 20 40 80 1 / / \ D.B. 6220 -2828 ` �� OS \ / / Ex. / \ ♦ gj, i 5. Comprehensive Land Plan Place -type: / ResiAential / \ Zoning: R -7 (CZD) ` Community Mixed -use rownh- / /> Land Use: Residential ` Property Address: 88 14 Market Street Project No.: x Scale: „Q� 20 -08 / \ / ,/ / \ \� ``ley °' Conditional Zoning The, P n n a c l e Date: Ex Concept P I a n / Residential 08/06/20 � � / Townhomes / %` \ , \\ Developer: Redland Development Revisons: 08/20/20 for A Single- family Townhome Development \ Prelim Review Comments \ \ / / GG22A Gordon Road 08/24/20 for CB Uses \� \ / / Wilmington, NC 28405 Harnett Town5hlp / New Hanover County / North Carolina Board of Commissioners - October 5, 2020 ITEM: 14- 9 - 1 OPPOSITION MATERIALS Board of Commissioners - October 5, 2020 ITEM: 14- 10 - 1 Gregory Bentley 8915 Tilbury Drive Wilmington, NC 28411 August 26, 2020 New Hanover County Planning Board Donna Girardot, Chair Paul D. Boney, Vice Chair Ernest W. Olds Jeffrey B. Petroff H. Allen Pope Thomas "Jordy" Rawl Colin J. Tarrant Re: Item 2, September 3, 2020 Planning Board Meeting — Rezoning Request (Z20 -15), Re- quest by Design Solutions on behalf of property owner Redland Development Corporation to rezone 7.15 acres of land located at 8814 Market Street, from R -15 and B -1 zoning to (CZD) RMF -L, Residential Multi- Family Low Density District and (CZD) CB, in order to develop 60 attached town homes Dear Planning Board Members: This letter speaks in opposition to the captioned rezoning request (the "Rezoning Re- quest') for the property described above (the "Redland Property "). It is submitted on behalf of the following homeowners on Tilbury Drive, New Forest Drive and Plantation Landing Drive in the Plantation Landing neighborhood, all of whom have homes adjacent to or near the Redland Property or on Futch Creek, which will be materially ad- versely affected by the Rezoning Request: • Gregory and Elizabeth Bentley, 8915 Tilbury Drive • Eddie and Amy Stuart, 8927 Tilbury Drive • Chris and Lindsey Stainback, 8923 Tilbury Drive • Cam and Angie Israel, 8919 Tilbury Drive • Kevin Davidson, 8909 Tilbury Drive • Larry and Gay Johnson, 8906 New Forest Drive • Milene and Omar Carvalho, 8916 New Forest Drive • Jeff and Stacy Ward, 8936 Tilbury Drive • Scott and Stephanie Booth, 8928 Tilbury Drive • Nick Romano, 511 Sagewood Drive • David Anderson, 8916 Plantation Landing Drive Board of Commissioners - October 5, 2020 ITEM: 14- 11 - 1 We request that the Planning Board reject or, in the absence of a rejection, at least make a modification of the Rezoning Request, for the following reasons: Breach of the General Purposes and Intent Reauirements of the UDO The Rezoning Request, as submitted, is inconsistent with the express purposes and intent of the Unified Development Ordinance ( "UDO ") adopted by the County Board of Commission- ers and therefore must be denied, as filed. Specifically, the Rezoning Request does not satisfy the express standards of Section 3.2.1 of the UDO and therefore the current application, as written and unamended, should be denied in its entirety. UDO Section 3.2.1 (page 3 -13 of the UDO) states the purposes and intent of the UDO, generally: "The residential zoning districts are intended to: (A) provide appropriately located ar- eas for residential development that are consistent with ... the public health, safety and gen- eral welfare; (B) Ensure adequate ... privacy for all dwelling units; [and] (E) Protect resi- dential districts from flooding... ", among other intents. The Rezoning Request violates the bolded purposes and intents of the UDO. The pro- posed development would materially increase the risk of erosion and flooding along Futch Creek and in the lower parts of Plantation Landing. In addition, the proposed development should pro- vide increased widths of its plant buffers, to ensure adequate privacy and to reduce the increased traffic noise from US -17 resulting from removal of so many trees on the developed property be- tween our neighborhood and US -17. Creation of Additional Erosion and Downstream Flooding The Rezoning Request creates the probability that there will be substantially increased erosion and flow of storm water into the Futch Creek gully and risks of flooding, especially in homes in the lower elevations of Plantation Landing into which Futch Creek flows, without ade- quate measures to avoid this predictable result. The upper end of Futch Creek, a 15 -foot deep gully that extends from the Redland Prop- erty down to the lower parts of the Plantation Landing, has suffered significant erosion of its banks in the past when hurricanes and major storms have occurred in the area. Furthermore, as Futch Creek approaches the lower parts of our neighborhood, flooding of properties up to their garage doors in Plantation Landing have occurred in past hurricanes, but not (yet) so much as to flood the houses themselves. The following two photographs show the current erosion in the Futch Creek gully, and one of them shows how close some of the homes on New Forest Drive and Tilbury Drive are to the gully: 2 Board of Commissioners - October 5, 2020 ITEM: 14- 11 - 2 Board of Commissioners - October 5, 2020 ITEM: 14- 11 - 3 The following photograph shows the extent of flooding of some of the properties in the lower elevations of Plantation Landing after heavy storms that would be materially worsened by increased storm water coming from an inadequate stormwater retention pond and substantially increased impervious surfaces on the Redland Property: The Rezoning Request proposes to add only a 25 -year detention pond capable of han- dling only 8 inches of rain in a day's storm before overflowing into the top end of Futch Creek. It also proposes to install a culvert under the Redland Property to replace the current feeder gully on the Redland Property transporting surface water from near US -17, dumping it into the top end of Futch Creek at the gully's location. The Redland Property will also remove a majority of the trees currently on the 6.43 acre residential portion of the development property and create a surface that is 67.5% impermeable in nature (according of the developer's application). We all know that our area routinely and predictably is hit every year or two by hurri- canes, tropic storms and "rain bombs" and thunderstorms dropping multiple inches of rain in brief periods. In New Hanover County, we all know that we will predictably get substantially more water than 8 inches per day in storms with some frequency. We also know that rather than much of it soaking in to the ground below the trees and bushes on the property today, at least two - thirds of it will now flow into a detention pond that is known will not — indeed, cannot by its very design —prevent substantial additional storm water from flowing into Futch Creek in major storms. This substantial additional storm water flow will predictably increase the erosion throughout the length of Futch Creek and worsen the risk of flooding in the lower parts of Plan- tation Landing. 4 Board of Commissioners - October 5, 2020 ITEM: 14- 11 - 4 Moreover, the new culvert under the Redland Property would also permit faster flows of the transported water from the other side of the property, and thus permit the water to emerge from the culvert in more of a faster, "firehose" effect, again worsening erosion in the Futch Creek gully. While the developer has advised the neighbors on a recent call that the County would require the use of water - calming methods to the end or inside of the culvert, it was not prepared to provide any details on what would be installed at or in the culvert to give us assur- ance that the water flowing out of the culvert will not further erode the banks of the Futch Creek gully. To prevent such negative impacts and harm to many of our homeowners along the Futch Creek gully and in the lower parts of Plantation Landing, the Rezoning Request would need to (a) install at least a 100 -year detention pond in the Redland Property and (b) commit to designing into the culvert adequate "water calming" design features to ensure that the rate of flow out of the culvert was the same as the rate of flow currently occurring in the gully transporting water across the Redland Property and will not impact the sides of the gully. This would be consistent with another recent precedent by the Planning Board when it approved the rezoning of the recent The Oaks at Murray Hill development project with such a 100 -year detention pond. Conclusion Just because Redland Development Corporation asks for a change in zoning does not mean that it is entitled to one. While in an ideal world, we would be happiest if the Redland Property was left in its tree - covered condition, we do recognize that development of the property will happen. We do not object to the property being developed for multi - family use with the proposed two -story town - homes approach — provided that (a) more effective steps are taken to prevent increased storm water flows in the Futch Creek gully and the lower parts of Plantation Landing that would increase erosion and flooding in our neighborhood and (b) it has a thicker plant buffer fac- ing Tilbury, New Forest and Plantation Landing Drives. We therefore request that the Planning Board do the following with respect to the Rezon- ing Request: 1. Either deny the Rezoning Request, as submitted, in its entirety as inconsistent with the UDO's terms, especially UDO Section 3.2.1; or 2. In the alternative, require that the Rezoning Request: a. Require that a 100 -year detention pond is used to more effectively prevent ad- ditional erosion and flooding in the Futch Creek gully and lower elevations of Plantation Landing neighborhood) 'We note that this action is also in the developer's interest, since the inadequacy of the 25 -year detention pond under the likely circumstances discussed in this letter has now been "noticed" to the developer and the future owner of the buildings, and ensuring a more adequate detention pond will reduce the risks of 5 Board of Commissioners - October 5, 2020 ITEM: 14- 11 - 5 b. Require that the developer commit to installing strong "flow- calming" struc- tures into the cross - property storm water transfer culvert, to avoid a "firehose" effect of such water as it comes out into the top of the Futch Creek gully. c. Increase the planted buffer along the border along the Plantation Landing neighborhood from 20 feet to 35 -50 feet, in order to (i) provide better screen- ing between the Redland Property and the homes on Tilbury, New Forest and Plantation Landing Drives, (ii) reduce the increased traffic noise from US -17 resulting from the removal of a majority of trees on the developed property, and (iii) have the secondary benefit of providing some additional natural habi- tat for the hawks' nest and other animal species. • At least 8 feet of this additional buffer could come from eliminating the six parallel parking spaces next to Units # #10 and 11, and adding the 8 feet of existing - growth trees to the buffer. (Elimination of the six parking spaces would leave the fire road adjacent to these units un- changed and would leave the development with 132 parking spaces, well in excess of the required number of parking spaces (120 parking spaces, as noted on the developer's plan).) d. Protect the tree on the back side of the property near Tilbury Drive containing the existing nest for the red - shouldered hawk family that has been living in that tree for many years. 3. We would also request the developer to conduct a full ecological survey (e.g., with Andy Woods, formerly of the Audubon Society) to identify and relocate any turtles, reptiles and animals (i.e., other than the undisturbed hawks) that will be displaced to other protected properties. I am requesting the opportunity to address the Planning Board on this matter on Septem- ber 3, 2020, on behalf of the homeowners listed on page 1 of this letter. Very truly yours, Gregory Bentley 8915 Tilbury Drive Wilmington, NC 28411 cc: New Hanover County Planning Department Wayne Clark, Planning and Land Use Director Brad Schuler, Senior Planner future litigation when flooding and erosion are worsened in the future by the use of an inadequate deten- tion pond of which it has been advised. 6 Board of Commissioners - October 5, 2020 ITEM: 14- 11 - 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 10/5/2020 Regular DEPARTMENT: Planning PRESENTER(S): Marty Little, Long Range Planner CONTACT(S): Marty Little; Brad Schuler, Senior Planner and Wayne Clark, Planning & Land Use Director SUBJECT: Quasi - Judicial Hearing Special Use Permit Request (5 -603M) - Request by the Law Offices of Matthew A. Nichols on Behalf of the Property Owner, Plantation Village Inc., to Modify the Special Use Permit for the Plantation Village Continuing Care Retirement Community to Allow for the Redevelopment of the Eastern Portion of the Community and to Increase the Maximum Number of Units to 330. BRIEF SUMMARY: The applicant is seeking to modify the Special Use Permit for the Plantation Village Continuing Care Retirement Community in order to allow for the redevelopment of the eastern portion of the community and to increase the maximum number of units to 330. The subject site is located east of The Davis Community, and is zoned R -20. Plantation Village was originally approved in the early 1980s. After several modifications to the facility over the years, it currently includes 247 units (4.5 du /ac) within apartment buildings, quadplexes, duplexes, and cottages, and associated amenities. As proposed, the special use permit modification involves the demolition of three existing apartment buildings, eight quadplexes, and several accessory structures. Thirteen new apartment buildings would be constructed on the site, ranging from 45' to 50' in height. The net result is an increase of 83 independent - living units. The total number of units proposed is 330 and total density is 5.94 units per acre for the overall site. The applicant's traffic consultant, Davenport Engineering, has provided a Technical Memorandum to assess the number of projected peak hour trips and any related traffic impacts. As proposed, the expansion is estimated to generate an additional 23 AM peak hour trips and 32 PM peak hour trips, which is not expected to change the level of service for any of the nearby intersections. In addition, this is below the 100 peak hour trip threshold so no TIA is required. Plantation Village has been in operation since the 1980s, has direct access to a collector road, and will have minimal impact to traffic and schools due to the age restriction. The site is located adjacent to a similar senior living community and two private recreational uses (Porters Neck Plantation and the Eagle Point golf courses), and abuts existing single - family residences to the north. The existing treeline will remain adjacent to the single - family homes and the proposed structures will exceed the required 50' setback. The 2016 Comprehensive Plan classifies the site as General Residential. This classification focuses on lower density housing and associated civic and commercial services. Recommended densities in this place type range up to 8 du /ac. The Planning Board considered the application at their September 3, 2020 meeting, where they voted (7 -0) to recommend approval of the modification for 330 units, subject to a condition that a 40 -foot buffer be imposed where the development adjoins the single - family homes. After the meeting, the applicant realized that the width of the buffer was given in error, and that the existing buffer is 30- feet -wide and not 40 feet. The applicant contends, and staff Board of Commissioners - October 5, 2020 ITEM: 15 concurs, that the intent of the condition was to preserve the existing treeline and was not to increase its size, and has requested that the condition be modified to reflect the 30 -foot dimension. The applicant has offered as a condition of approval that, other than the parking area adjacent to Building 4, all regulated trees within 30 feet of the northern property boundary in the project expansion area will be preserved, except as otherwise provided for in UDO Section 5.3.8 (Removal of Hazardous Trees). Staff has suggested an additional condition, based on the applicant's presentation at the Planning Board meeting, that the proposed stormwater detention facilities serving the post - development runoff for any net increase in impervious surface area within this modification must be designed to accommodate a 100 -year storm event. RECOMMENDED MOTION AND REQUESTED ACTIONS: Example Motion for Approval: Motion to approve, as the Board finds that this application for a Special Use Permit modification 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: [Suggested Conditions] 1. Other than the parking area adjacent to Building 4, all regulated trees within 30 feet of the northern property boundary in the project expansion area will be preserved, except as otherwise provided for in U DO Section 5.3.8 (Removal of Hazardous Trees). 2. The proposed stormwater detention facilities serving the post - development runoff for any net increase in impervious surface area within this modification must be designed to accommodate a 100 -year storm event. 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 why it is not being met] COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) The board's decision to approve or deny an application for a Special Use Permit should be based solely on the competent and material evidence presented during the public hearing. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - October 5, 2020 ITEM: 15 SCRIPT for SPECIAL USE PERMIT Application (S -603M) Request by the Law Offices of Matthew A. Nichols on behalf of the property owner, Plantation Village Inc., to modify the Special Use Permit for the Plantation Village Continuing Care Retirement Community to allow for the redevelopment of the eastern portion of the community and to increase the maximum number of units to 330. 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) 4. Close the hearing 5. Board discussion 6. Ask Applicant whether he /she agrees with staff findings. 7. Vote on the Special Use Permit application. 13 Motion to approve the permit - All findings are positive. ❑ Motion to approve the permit, subject to conditions specified below: (State Conditions) ❑ 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: Board of Commissioners - October 5, 2020 ITEM: 15- 1 - 1 c. That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity: d. That the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County: Example Motion for Approval: Motion to approve, as the Board finds that this application for a Special Use Permit modification 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(s): 1 . Other than the parking area adjacent to Building 4, all regulated trees within 30 feet of the northern property boundary in the project expansion area will be preserved, except as otherwise provided for in UDO Section 5.3.8 (Removal of Hazardous Trees). 2. The proposed stormwater detention facilities serving the post - development runoff for any net increase in impervious surface area within this modification must be designed to accommodate a 100 -year storm event. 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] Board of Commissioners - October 5, 2020 ITEM: 15- 1 - 2 STAFF REPORT FOR S -603M SPECIAL USE PERMIT MODIFICATION APPLICATION APPLICATION SUMMARY Case Number: S -603M Request: Modification to existing SUP to renovate and expand a Senior Living: Continuing Care Retirement Community in the R -20, Residential District from 247 occupied dwelling units to 330 dwelling units Applicant: Property Owner(s): Plantation Village, Inc. Plantation Village, Inc. Location: Acreage: 1200 Porters Neck Rd. 55.51 acres PID(s): Comp Plan Place Type: R03700- 002 - 002 -002 R03700- 002 -01 1 -000 R03700-002-012-000 General Residential R03700-002-013-000 R03700- 002 - 014 -000 R03700- 002- 015 -000 Existing Land Use: Proposed Land Use: Continuing Care Retirement Community Continuing Care Retirement Community Current Zoning: R -20 SURROUNDING AREA LAND USE ZONING North Single - Family Residential (Porters Neck Plantation) R -20 S -603M Staff Report BOC 10.5.2020 Board of Commissioners - October 5, 2020 ITEM: 15- 2 - 1 Page 1 of 21 East Golf Course, Single - Family Residential (Porters Neck R -20 Initially zoned R -20 (Porters Neck), Area 5 Plantation) SUP granted for Nursing and Personal Care Facility (S -21 1 ) South Golf Course (Eagle Point Golf Club), Undeveloped R -20 West Continuing Care Retirement Community (The Davis (CUD) R -20, R -20 1993 Community), Undeveloped August 5, 1996 ZONING HISTORY Water /Sewer July 6, 1971 Initially zoned R -20 (Porters Neck), Area 5 August 1, 1983 SUP granted for Nursing and Personal Care Facility (S -21 1 ) April 1, 1991 SUP Modification granted for site revisions to reduce the number of dwelling District, New Hanover County Station Porters Neck units and increase acreage September 7, SUP Modification granted for site plan revisions to remove a driveway 1993 Recreation August 5, 1996 SUP Modification granted for site plan revisions to reduce the number of dwelling units and increase acreage April 5, 2004 SUP Modification granted for site plan revisions to add maintenance building New SUP granted for Continuing Care Retirement Community (supersedes June 6, 2011 S -21 1) to construct a new apartment building, two duplexes, and two cottages 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, Laney High Schools (No impacts expected due to age- restriction for senior housing) Recreation Pages Creek Preserve, Ogden Park S -603M Staff Report BOC 10.5.2020 Board of Commissioners - October 5, 2020 ITEM: 15- 2 - 2 Page 2 of 21 CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES The County's Conservation Resources Map indicates that swamp forests may be present on the site. Conservation space is required for swamp forest Conservation wetlands when at least five acres of the resource exists on the property. Preliminary analysis indicates that fewer than 5 acres exist on the site. Verification of regulated swamp forests will be required during the site plan review process. 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 modification to renovate and expand a Continuing Care Retirement Community in the R -20 zoning district. Existing Conditions & Proposed Demolition Scope (Includes Staff Markups) 5 -603M Staff Report BOC 10.5.2020 Page 3 of 21 Board of Commissioners - October 5, 2020 ITEM: 15- 2 - 3 • Plantation Village was originally approved as a special use permit for a Nursing and Personal Care Facility in 1983. This original approval included the construction of 252 units, a health center, and commons building, on approximately 41.4 acres. The Board approved four subsequent modifications to the original special use permit in 1991, 1993, 1996, and 2004, resulting in several changes to the property, including the site's current size of 55.5 acres and contractual nursing service arrangement with The Davis Community. • In 2011, Plantation Village was granted a new special use permit for a Continuing Care Retirement Community. This permit, extinguishing the original 1983 approval and four subsequent modifications, resulted in the construction of an additional 33 independent - living units (3 -story apartment building, two duplexes, and two cottages), 60 additional parking spaces, and a new wellness center and auditorium. The special use permit also authorized the renovation of the exterior and interior of the Commons Building and Commons parking layout. • The current use of the campus includes 247 independent - living units, made up of 3 -story apartment buildings, quadplexes, duplexes, and cottages. The current overall density of the site is 4.45 units per acre. The campus also includes a centralized Commons Building, Residential Care Center that provides 247 nurse availability for residents, Wellness Center with indoor pool and fitness center, maintenance building, and indoor and outdoor recreational amenities. Existing Apartment (to be removed) Existing Quadplexes (to be removed) • As proposed, the special use permit modification involves the demolition of three existing apartment buildings, eight quadplexes, and several accessory structures. These structures would then be replaced by 13 new apartment buildings ranging from 45' to 50' in height. The net result is a maximum increase of 83 independent - living units. The total number of units proposed is 330 and total density is 5.94 units per acre for the overall site. Net Change in Dwelling Units 5 -603M Staff Report BOC 10.5.2020 Board of Commissioners - October 5, 2020 ITEM: 15- 2 - 4 Page 4 of 21 # of Units Density (du /acre) Current Total 247 4.45 Demo -136 -- Replacement +219 -- Proposed Total 330 5.94 Net Change: +83 units 5 -603M Staff Report BOC 10.5.2020 Board of Commissioners - October 5, 2020 ITEM: 15- 2 - 4 Page 4 of 21 • The modification also includes a new road addition connecting the east and west sides of the property; enhancement to existing indoor amenity spaces; replacement of a 1,590 square foot hobby shop; relocation and expansion of a 6,092 square foot maintenance building; and new outdoor amenities. r II — II I Existing to Remain yi. J u u New jal Outdoor Amenities New Street Connection _ _ I Treeline to be Preserved Maint- II Bldg J New Buildings II Buildings S II n�I- � New ,� ^� �° I Via: J Storm - i New.• 5treeT �� t water 2 �" - Layout 10 { 0 _ Existing J+ f Pond .. I Existing to Remain f Commons Building Expansion s � F-1 Solid Orange — No Changes Proposed I� M Hatched Orange - Expansions & Renovations w e'w 1 II Buildings 12 13 a r Conceptual Site Plan (Includes Staff Markups) - II Existing Pond Porters Neck Rd Main Entrance • The majority of the renovation and expansion work will take place on the eastern half of the property. In order to allow existing residents to remain on the property throughout construction, the development will occur over three phases. The maximum total number of units on the site will be 330. 5 -603M Staff Report BOC 10.5.2020 Board of Commissioners - October 5, 2020 ITEM: 15- 2 - 5 Page 5 of 21 a— .r— ee =e�sr� —' _. _ s��s= n= ee�eces�s�s�e� e�e�e�•�, Maint. & Hobby Bidg GIN ' I f New Street �• i Connection* _P ' r i % 9 ';,. „� •� � New L_ i _ srorin- Project Phasing Plan + water* — 'r 2 New y Phase 1 10 Storm- Building 7! _. wcster Building 2 i, l II Building 3 II Building 4 Commons Building AdditTion Maintenance & Hobby Building I Starmwater Impacts * _..,... _. New Street Connection * z u Existing 12 � 1 Phase 2 Panel Bui[ding 5 13 Building i Building 8 �R Existing II Building 9 Pond II Bui[din g 10 Commons Building f U Building 71 ` • Phase 3 * May be r Building 12 y - r included in Building 13 Phase 2 r _ Porters Neck Rd lx Main Entrance �Rtcelr�• �e�l C�li� :l— x�r7�F1l�li�rA�lf% —F1lN— --A Jill Project Phasing Plan (Includes Staff Markups) • The existing stormwater infrastructure includes a retention pond located in the center of the campus and a retention pond along the southeastern corner. Two new stormwater facilities are proposed in the northeastern portion of the project area. This includes a new detention basin that will be sized to accommodate a 100 -year storm event. • New outdoor amenities include two pickleball courts, a dog park, a community garden area, gazebo, and new water features. 5 -603M Staff Report BOC 10.5.2020 Page 6 of 21 Board of Commissioners - October 5, 2020 ITEM: 15- 2 - 6 ZONING CONSIDERATIONS • The applicant is not proposing a change in the use of the property, which will remain a Senior Living: Continuing Care Retirement Community and is allowed in the R -20 district with a Special Use Permit. • Unified Development Ordinance standards for Continuing Care Retire Communities include height, setbacks, open space, buffers, and parking requirements. The applicant has addressed general compliance with these standards as demonstrated by the conceptual site plan and project narrative (Applicant Exhibit A). A full review of these standards will be conducted by the Technical Review Committee should the SUP modification application be approved. • The applicant has offered as a condition of the Special Use Permit to retain all existing, regulated trees within 30 feet of the northern property line where the project area abuts single - family homes of the Porters Neck Plantation subdivision, with the exception of any trees needed to be removed for the parking area adjacent to Building 4. AREA SUBDIVISIONS UNDER DEVELOPMENT 5 -603M Staff Report BOC 10.5.2020 Board of Commissioners - October 5, 2020 ITEM: 15- 2 - 7 Page 7 of 21 TRANSPORTATION • Access to the site is provided by the development's existing private street, Plantation Village Drive, which directly connects onto Porters Neck Road, a state - maintained Minor Collector road. V. f•.i � � � f .-T• ice. �f . { Y ,. Jecinelle Moore Blvd f S -603 M N. tf r f Dowis Rd --�.. Porters Neck Rd ;yam r 4 ,o Access to Plantation Village • An additional service access is provided by Jeanelle Moore Blvd, which is located approximately 1,200 feet from Porters Neck Road along Champ Davis Road. This access serves as the main point of ingress and egress for nursing care service trips supplied by the Davis Community. It is gated and, according to the applicant, allows emergency responder use as well as resident access. • According to the applicant, delivery vehicles will utilize the main access onto Porters Neck Road, and additional supplies and refuse will be included in the current number of deliveries and pick -ups. Plantation Village staff work on a variety of shifts, but there is no major shift change during the traditional AM and PM peak traffic hours. 5 -603M Staff Report BOC 10.5.2020 Page 8 of 21 Board of Commissioners - October 5, 2020 ITEM: 15- 2 - 8 Porters Neck Road Entrance Jeanelle Moore Blvd Gate • The applicant's traffic consultant, Davenport Engineering, has provided a Technical Memorandum to assess the number of projected peak hour trips and any related traffic impacts. As proposed, the expansion is estimated to generate 23 peak hour AM trips and 32 peak hour PM trips, which is not expected to change the level of service for any of the nearby intersections. Comparison of Trip Generation Scenarios - Source: Davenport Technical Memorandum Net Change: +23 AM / +32 PM • As the number of anticipated trips does not equal or exceed 100 peak hour trips for this modification, a Traffic Impact Analysis (TIA) is not required. However, the applicant's Technical Memorandum concludes that the proposed expansion will have relatively minimal impact on nearby road capacity, with no queueing issues at nearby intersections and less than a second increase in delay. As a result of the minimal impacts on travel delay, the applicant's study does not recommend any off -site improvements. S -603M Staff Report BOC 10.5.2020 Board of Commissioners - October 5, 2020 ITEM: 15- 2 - 9 Page 9 of 21 Intensity Approx. Peak Hour Trips Existing Development: 247 senior adult housing units 55 AM / 69 PM Proposed Development: 330 senior adult housing units 78 AM/ 101 PM Net Change: +23 AM / +32 PM • As the number of anticipated trips does not equal or exceed 100 peak hour trips for this modification, a Traffic Impact Analysis (TIA) is not required. However, the applicant's Technical Memorandum concludes that the proposed expansion will have relatively minimal impact on nearby road capacity, with no queueing issues at nearby intersections and less than a second increase in delay. As a result of the minimal impacts on travel delay, the applicant's study does not recommend any off -site improvements. S -603M Staff Report BOC 10.5.2020 Board of Commissioners - October 5, 2020 ITEM: 15- 2 - 9 Page 9 of 21 Intersections studied in the Davenport Technical Memorandum • The applicant's Technical Memorandum analyzed potential traffic impacts of the project at the Porters Neck roundabout, intersection of Porters Neck Road and Champ Davis Road, and the Plantation Village entrance onto Porters Neck Road, in order to identify transportation improvements that may be required to accommodate the impacts of both background traffic and new development traffic. The report found that the proposed development is not expected to lower the level of service of any of the studied intersections, nor increase the delay of any studied intersection by more than 0.3 seconds per vehicle. • Staff has provided the volume to capacity ratio for nearby sections of Porters Neck Road. While volume to capacity ratio, based on average daily trips, can provide a general idea of the function of adjacent roadways, the delay vehicles take in seconds to pass through intersections is generally considered a more effective measure when determining the Level of Service of a roadway. However, the available volume to capacity data indicates capacity currently exists in this area to support the expected additional traffic. NCDOT Average Annual Daily Traffic (2018 AADT) — Source: WMPO Road Location Volume Capacity V/C West of Porters Neck Porters Neck Road 14,500 17,000 0.85 Road roundabout East of Porters Neck Porters Neck Road 4,100 12,500 0.33 Road roundabout S -603M Staff Report BOC 10.5.2020 Board of Commissioners - October 5, 2020 ITEM: 15- 2 - 10 Page 10 of 21 Nearby Planned Transportation Improvements and Traffic Impact Analyses Traffic Impact Analyses Approved Rf 4' - � Under Review csKF' Under Draft The Oaks at Murray Farm Q TIA Approved bP�� a- a ` lo 5-603M - rY s t i < <. 2 Waterston: TIIA Approved �• r V a� m <y' fJ1`151 -Js } l� STIP Project q�k} d. 1 Mile Rpt�IIJS Miles `. w + 0 0 -25 0.5 Nearby NC STIP Projects: • STIP Project U -4751 (Military Cutoff Extension) • Project to extend Military Cutoff from Market Street to 1 -140. • The project is currently under construction and is expected to be completed 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) o 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. 5 -603M Staff Report BOC 10.5.2020 Page 11 of 21 Board of Commissioners - October 5, 2020 ITEM: 15- 2 - 11 o The project is currently under construction and is expected to be completed by early 2023. Nearby Traffic Impact Analyses: Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards. Approved analyses must be re- examined by NCDOT if the proposed development is not completed by the build out date established within the TIA. Proposed Land Use /Intensity TIA Status Development • 204 Apartments • Approved August 5, 2019 1. The Oaks at Duplex Units • 34 Du p • Phase 1 & 2: 2020 Build Out Murray Farm* Year • 62 Single - Family Dwellings . Full Build 2022 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 Land Use /Intensity TIA Status Development • 151 Single - Family • Approved June 18, 2015 2. Waterstone 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. S -603M Staff Report BOC 10.5.2020 Board of Commissioners - October 5, 2020 ITEM: 15- 2 - 12 Page 12 of 21 ENVIRONMENTAL • The property does not contain any Natural Heritage Areas or Special Flood Hazard Area. • The western, northern, and eastern portions of the site fall within the Futch Creek (SA, HQW) watershed, while the southern and central portions of the site drain into the Intracoastal Waterway. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class I (suitable /slight limitations), Class II (moderate limitations) and Class III (severe limitations) soils, however, the project will connect to CFPUA sewer services. CONTEXT AND COMPATIBILITY • The subject property has been used as an independent senior living community since 1983. • The site is located immediately east of The Davis Community, a senior living facility of approximately 67.38 acres that has operated in the Porters Neck community for 53 years. The Davis Community site contains a 3 -story 35' assisted living structure. In June 2020, the Davis Community obtained a Conditional Use District rezoning to allow an expansion of its campus, including a four -story 50' tall multi - family building. • The subject property is also adjacent to two private recreation uses: the Porters Neck Plantation golf course and maintenance facility to the east, and the Eagle Point Golf Club to the south. • The northern property boundary abuts approximately 18 single - family dwellings of the Porters Neck Plantation subdivision. According to the applicant, these homes will remain screened by the existing vegetative, opaque buffer. The applicant is proposing to retain all existing, regulated trees within 30 feet from adjacent single - family properties along the Porters Neck Plantation subdivision, with the exception of any trees needed to be removed for the parking area adjacent to Building 4. Existing Vegetative Buffer along Northern Property Boundary • The conceptual site plan for Plantation Village positions the 3 -story buildings away from the existing single - family dwellings to the north (the nearest of which is approximately 270' away from the northern property line) and further south adjacent to the golf courses. This locates the 2 -story buildings and the nonresidential structures closest to the homes. All of the proposed buildings will exceed the minimum setback requirements of the UDO. 5 -603M Staff Report BOC 10.5.2020 Page 13 of 21 Board of Commissioners - October 5, 2020 ITEM: 15- 2 - 13 • Senior living retirement communities generally generate less traffic than non -age restricted residential developments. • Senior living retirement communities generally do not impact the school system. Plantation Village Plantation Village 5 -603M Staff Report BOC 10.5.2020 Board of Commissioners - October 5, 2020 ITEM: 15- 2 - 14 Page 14 of 21 Representative Developments of Senior Living Projects: Carolina Bay at Autumn Hall Brightmore I SA fy e , pO � i i� � f° ,• �� P � � 4Itl Mf, , 'I1 AL 4 c 44 Brightmore 5 -603M Staff Report BOC 10.5.2020 Page 15 of 21 Board of Commissioners - October 5, 2020 ITEM: 15- 2 - 15 Plantation Village (Southern apartment building - to remain) Representative Developments of R -20: Emerald Forest Emerald Forest Vineyard Plantation 5 -603M Staff Report BOC 10.5.2020 Board of Commissioners - October 5, 2020 ITEM: 15- 2 - 16 Middle Point Page 16 of 21 l '!'. - � ,,may. i �A . ^4 q • - � � t t■ IN 0 .. 7 7 lip �f'•� r' W { . r riv@ X1� .. A* L . Middle Point 2016 COMPREHENSIVE LAND USE PLAN _ OW ° f tie t ./1� ti e. 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 General Residential Map Place Type 5 -603M Staff Report BOC 10.5.2020 Board of Commissioners - October 5, 2020 ITEM: 15- 2 - 17 Page 17 of 21 Place Type Description Focuses on lower- density housing and associated civic and commercial services. Typically, housing is single - family or duplexes. Commercial uses should be limited to strategically located office and retail spaces, while recreation and school facilities are encouraged throughout. Types of uses include single - family residential, low- density multi - family residential, light commercial, civic, and recreational. The subject property is the existing Plantation Village senior living community, a continuing care retirement community located on Porters Neck Road. The primary access to the property is along Porters Neck Road via Plantation Village Drive, the site's existing private driveway. The site also utilizes Jeanelle Moore Blvd as a service entrance, connecting it with the Davis Community. Adjacent land uses include single - family dwellings of the Porters Neck Plantation subdivision to the north, Porters Neck Plantation maintenance facility and golf course to the east, Eagle Point Golf Club to the south, and The Davis Community senior care campus to the west, which obtained a Conditional Use District rezoning in June 2020 to allow for an expansion of their facility. Like the majority of the Porters Neck area east of the Market Street/Highway 17 corridor, the subject property has been designated as Analysis a General Residential area in the Comprehensive Plan. The intent of this place type is to preserve existing residential neighborhoods and provide opportunities for similar lower density housing and associated services. The Comprehensive Plan indicates that single family residential and duplexes are typical, but it also lists multi - family residential (including the type of retirement community proposed) as appropriate for this place type. Plantation Village has been located on this site for 37 years and was in place prior to much of the single - family development in the Porters Neck area. The proposed modification continues the senior living use currently on the site. In addition, all of the proposed buildings are consistent with the preferred height range of up to 3 stories in the General Residential place type, and will exceed the setbacks required by the ordinance. The modification proposes a total density (including existing units) of 5.94 units per acre. This is within the intended residential density range of up to approximately 8 units per acre provided for by the General Residential place type. 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. S -603M Staff Report BOC 10.5.2020 Board of Commissioners - October 5, 2020 ITEM: 15- 2 - 18 Page 18 of 21 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. Water and sewer service is currently provided by CFPUA. B. The site will be accessed from Porters Neck Road, an NCDOT- maintained Minor Collector based on the WMPO Functional Classification Map. C. According to the applicant's transportation technical memorandum, the proposed modification is estimated to result in a less than one second delay per vehicle at all nearby studied intersections. D. According to the applicant's transportation technical memorandum, the proposed modification is not expected to result in a change in level of service along Porters Neck Road. E. The subject property is located in the New Hanover County Northern Fire Service District. F. The site is not located within the Special Flood Hazard Area. 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 -20, Residential District. B. Senior Living: Continuing Care Retirement Community is an allowed use by Special Use Permit in the R -20 zoning district. C. The Unified Development Ordinance (UDO) sets forth specific use standards for Senior Living: Continuing Care Retirement Community, all of which are shown on the conceptual plan and will be confirmed by the Technical Review Committee if the Special Use Permit modification is granted. Conclusion 3: The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. The surrounding area contains recreation uses, single - family dwellings, and a Continuing Care Retirement Community, The Davis Community, to the east. B. Bufferyards must be provided between the development and adjacent properties. C. Cal Morgan, MAI, SRA, AI -GRS, has performed a property value impact analysis for the development and found that the proposed modification will have no negative impact on adjacent property values. 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. Plantation Village has operated as a Nursing and Personal Care Facility since 1983. It has been modified over the years, however it has been comprised of office, institutional, and medical land uses since its inception. B. No changes to the use of the property are proposed with this modification. C. The property is located in the General Residential place type as classified in the 2016 Comprehensive Plan. S -603M Staff Report BOC 10.5.2020 Page 19 of 21 Board of Commissioners - October 5, 2020 ITEM: 15- 2 - 19 D. The proposed modification will increase the number of dwelling units for a total number of 330 units, an overall density of 5.94 dwelling units per acre, which is consistent with the recommended density of the General Residential place type. PLANNING BOARD ACTION The Planning Board considered this application at the September 3, 2020 meeting. One person, a member of the adjacent Porters Neck Plantation property owners' association, addressed the association's questions regarding the project, including the preservation of the existing treeline along the northern property boundary, stormwater detention, a preference to not include the installation of a fence along the northern property line, and the applicant's property value assessment. In response, the applicant agreed to a condition to not impact the existing buffer, and to not install the fence as requested by the resident of the adjacent neighborhood. The applicant initially requested that the maximum 330 units be temporary until the final phase was complete. However, during Planning Board discussion on the timing of the build -out taking 10 years or more, the Board and applicant agreed to make the request for a maximum 330 units permanently. The Planning Board recommended approval of the modification (7 -0) with the maximum number of units being 330. The Board stated that they find the modification meets the four conclusions of law required to approve a Special Use Permit based on Staff's preliminary findings of fact, with the following conditions: 1. The existing 40 -foot* vegetative buffer along the northern property line shall be retained where the development proposed in this modification adjoins the single - family homes of the Porters Neck Plantation subdivision. 2. The proposed stormwater detention facilities serving the post - development runoff for any net increase in impervious surface area within this modification must be designed to accommodate a 100 -year storm event. * During the meeting, the discussion related to preserving the buffer focused on the applicant's assurance that the existing vegetative buffer would be preserved in the area being redeveloped, along the northern property line adjacent to single - family homes, during and after the redevelopment, and that the existing buffer would not be disturbed. After the meeting, the applicant realized that the width of the buffer was given in error, and that the existing buffer is 30- feet -wide and not 40 feet. The applicant contends, and Staff concurs, that the intent of the condition was to preserve the existing treeline and was not to increase its size, and has requested that the condition be modified to reflect the 30 -foot dimension. The applicant has agreed to contact the Porters Neck Plantation resident who spoke at the meeting prior to the Board of Commissioners meeting to make sure the change in the wording of the condition is acceptable. Suggested Conditions 1 . Other than the parking area adjacent to Building 4, all regulated trees within 30 feet of the northern property boundary in the project expansion area will be preserved, except as otherwise provided for in UDO Section 5.3.8 (Removal of Hazardous Trees). 2. The proposed stormwater detention facilities serving the post - development runoff for any net increase in impervious surface area within this modification must be designed to accommodate a 100 -year storm event. S -603M Staff Report BOC 10.5.2020 Page 20 of 21 Board of Commissioners - October 5, 2020 ITEM: 15- 2 - 20 EXAMPLE MOTIONS Example Motion for Approval: Motion to approve, as the Board finds that this application for a Special Use Permit modification 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: 1 . Other than the parking area adjacent to Building 4, all regulated trees within 30 feet of the northern property boundary in the project expansion area will be preserved, except as otherwise provided for in UDO Section 5.3.8(Removal of Hazardous Trees). 2. The proposed stormwater detention facilities serving the post - development runoff for any net increase in impervious surface area within this modification must be designed to accommodate a 100 -year storm event. 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 why it is not being met] S -603M Staff Report BOC 10.5.2020 Board of Commissioners - October 5, 2020 ITEM: 15- 2 - 21 Page 21 of 21 Case: Site Address: Existing Zoning/Use: Proposed Use: S -603M 1100 block R -20 /Continuing Care Continuing Care Porters Neck Rd Retirement Community Retirement Community R -15 'RMF =L ,_.1,000 Feet v r Y Ra. w 2 �o O� Qr R -20 C es Ur' LaLLT �o rorters Ne'ck-, Subject Site v 140 5, 2020 is y Jupiter Y '1 Zoning Districts ❑ AC ❑ EDZD 0 1 -2 ❑ R -15 ❑ SC ❑ AR ❑ RMF -L ❑ 0&1 ❑ R -20 �] B -1 ❑ RMF -M PD R -20S B -2 UMXZ ❑ R -5 ❑ 'RA R -7 ❑ 1 -1 ❑ R -10 RFMU Ole ® Indicates Conditional Use District (CUD) Indicates Conditional Zoning District (CZD) COD See Section 55.1 of the Zoning Ordinance Incorporated Areas a �S'HOD Case: Site Address: Existing Zoning/Use: Proposed Use: S -603M 1100 block R -20 /Continuing Care Continuing Care Porters Neck Rd Retirement Community Retirement Community N 1,000 D Feet L-5 r' GENERAL/ RESIDENTIAL Neck- Subject Site GAIN.. 5, 2020 E O/e Qo\ piter Place Types COMMERCE ZONE EMPLOYMENT CENTER GENERAL RESIDENTIAL URBAN MIXED USE COMMUNITY MIXED USE RURAL RESIDENTIAL CONSERVATION Case: Site Address: Existing Zoning/Use: Proposed Use: S -603M 1100 block R -20 /Continuing Care Continuing Care Porters Neck Rd Retirement Community Retirement Community N F Jt. Gdi B -2 B -1\ Site �� 8704 8706 719 Faaio Dr CZ�D RMF =L $7-Z* 1002^ 7o7 � = CUD,R -20a 1 61 �R • 635 tiuuy �'j7 4 r77011005 633625- X609 60C �y.�g'N�me Ra +��7705 •7704 639 627621615 6071525 7706 �r,� X8237 = - -611 1/ 41 1011 -c 7710 x'7706 47709 1201 • • 8243 60)'r, .4eQ v �77�10 r~ • • 1 jJ 985 •f • 0 !11 - 7�71�0 12.21 • 225 8255 j�- 1009 • 1009 • 714 7714 w •' I 0 8249 RRR rJ j� 7804 7714 7715 -1205 821'7 8253 +J "605 1007 1013 1013 •19 7808 ' 209 41205 8201 x % '� 101 3 013 j 1204* • `208 • I rz 78131, 7809 1212 8123 8117 7816 79017909 1200•a alle 7817•* 78204 7913 • ©0.p 7919iB /Lje, cr ,, wk car • $.,`a f J 1 1190 port6- ff:N6ck- 1,000 Feet ❑ Neigh bori rfb)EPA Subject Site �rNe W piter • �o 1630 • 1640 r ( • 1620 1600 1610 APPLICANT MATERIALS Board of Commissioners - October 5, 2020 ITEM: 15- 6 - 1 NEW HANOVER COUNT DEPARTMENT OF PLANNING & LAND USE 230 Govemrnent Censer Drive Suite 1 10 r Wilmington, North Carolina 28403 Telephone (410) 748 -7165 FAX (910) 798 -7053 I. plenningdevel opment.nhcgov.corrtc�" 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) Plantation Village, Inc. Some as Applicant Company Company /Owner Name 2 Address Address 1200 Porters Neck Rd. +_55.5 acres City, State, Zip City, State, Zip Wilmington, NC 28411 Retirement Communit Phone(910)508-7476 Phone (c /o Applicant's attomey Matt Nichols) Email matt @mattnicholsiaw.com Email (c /o Applicant's attorney Matt Nichols) 2. Subject Property Information Address /Location Parcel Identification Number(s) *Please see attached list 1200 Porters Neck Rd. of parcel ID nos. Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification +_55.5 acres R -20 w /SUP; Continuing Care General Residential Retirement Communit Applicant Tracking Information (This section completed by staff) Case Number: Date /Time Received: --l' eceive Board of Commissioners - October 5, 2020 ITEM: 15- 7 - 1 by: 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 (atMch additional pages if necessary). The proposed use Is a modification of the existing Special Use Permit to allow a renovaiion and expansion of the Plantation Village Continuing Care Retirement Community. No change in zoning is requested or required. Please see attached Exhibit "A" for further explanation of the request. 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. Please see attached Exhibit 'W'. 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. Please see attached Technical Memorandum dated 2/17/2020 from Davenport ITE Land Use: regarding traffic analysis. Trip Generation Use and Variable (gross floor area, dwelling units, ek.) AM Peak Hour Trips: PM Peak Hour Trips: Board of Commissioners - October 5, 2020 ITEM: 15- 7 - 2 b. 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 Commissionersto 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 h aiffic 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 qualify. Please see attached Exhibit W. 2. The use meets all required conditions and specifications of the Unified Development Ordinance. Please see attached Exhibit "A ", Board of Commissioners - October 5, 2020 ITEM: 15- 7 - 3 3. The use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. Considerartions: • 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, ek.). • Whether the proposed development is to necessary to the public health, safety, and general welfare of the community or County as a whole as to justify it regardless of its impact on the value of adjoining property. Please see attached Exhibit "A 4. The location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it 1s 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 location! standards. Please see attached Exhibit "A ". Board of Commissioners - October 5, 2020 ITEM: 15- 7 - 4 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 b not applicable, mark as "N /A ". Applioatlons 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. AA9111COAM Cfr"Nbt tarTial StaHhrliial ,❑ This application form, completed and signed 6L ❑ Application feed + $500; $250 If application pertains to a residential use (i.e. mobile home, �7a duplex, family child care home}. /4L- ❑ Traffic Impact Analysis (if applicable) ilVLL— is 0 Site Plan Including the following elements.. + Trod boundaries and fatal area, location of adjoining parcels and roads • Proposed use of land, structures and other improvements • For residential uses, this doll Include number, height, and type of units; area to be oazipled by each stnretwe, and /or subdivided boundaries. • For rmwesidenllal uses, this shall include approximate square footage and height of each struaUre, an outline of the area it will occupy, and the specific purposes for which it will be used. o Development schedule, Including proposed phoshhg + 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; loaafbn, 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-way, buffering, and signage • The location of Special Flood Hazard Areas, if applicable The approximate location of US Army Corps of Engineers Clean Water Art Section 404 wetlands, Rivers and Harbors Act Section 10 wetlands, and wetlands under jurisdiction of the NC Department of Environmental Quality. a Location, species, and size (DOH) of regulated, significant, or specimen trees + Any additional conditions and requiremena that represent greater restrictions on development and use of the tract than the corresponding general use district regulations or additional limitations an land that maybe regulated by Federal or State law or local ordinance. Any other information that will faeliitate review of the proposed special use permit (Ref. Section 10.34, as applicable) /K L Applications for uses in the Intensive imduatry category must also submit. • Comm wiify meeting written summery • A list of any local, state, or federal permits required for use L. One (1) 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 plain. L ,0 One (1) digital PDF copy of All documents AND plans AAJ- Page 5 of G Special Use Permit Application — Updated 02.2020 Board of Commissioners - October 5, 2020 ITEM: 15- 7 - 5 7. Acknowledgement and Signatures By my signature below, I understand and accept all of the conditions, limitations, and obligations of the special use permit for which I am applying. I understand that the existing Official Zoning Map Is presumed to be correct. i understand that I have the burden of proving that the proposal meets the four required conclusions. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. 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 authorised an 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 an m If without 1'hmitations with regard to any and all things directly or indirectly connected with or arist ou of this appltcatiam" Plantation Village, Im. by: Zane Bennett, iacaanive Director signature 041dy owners) Print Nome(s) VEM Zane Bennett, Executive Director Pdnt 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. N 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 colendared for the next meeting and no fee will be required. if delay is requested after notice has been sent to the newspaper, the Board will ad on the request at the scheduled meeting and are under no obligation to Wr W the continuance. if the continuance is granted, a fee in accordance with the adopted fee schedule as publhhed on the New Hanover County Planning website will be regtdred. Appilbont 7#=Uw Women Bon (FU secNoe conrkftd by 1 Aphf ea t o Comae Deters 1 '-- Dion PerfOnood on P�pr "Board ,ifs by ("x 6-)-0 . (3- B 13 20 Page 6 of b Spedal Use Permit Applkation — Updated 02 -2020 Board of Commissioners - October 5, 2020 ITEM: 15- 7 - 6 I *:l:l l 3 III 9V-IM to Application for Modification to Special Use Permit S -603, 5/11 Project Narrative: The Applicant and property owner, Plantation Village, Inc., is requesting a modification of its existing Special Use Permit (S -603, 5/11) in order to allow a renovation and expansion of the Plantation Village Continuing Care Retirement Community. The Subject Property consists of 6 contiguous parcels totaling approximately ±55 acres, located at or in the vicinity of 1200 Porters Neck Road, as generally shown below. The purpose of the request is to allow Plantation Village to renovate and redevelop some of its existing residential buildings, expand and improve amenities buildings, and continue to offer a very high quality of life through housing alternatives and recreational opportunities for New Hanover County's growing senior population. Plantation Village is a non - profit retirement community offering independent living and access to a continuum of care for residents as needed. The community is located on a tranquil and beautifully landscaped campus, which offers residents dining, salon services, indoor and outdoor recreational opportunities and classes, a fitness center, library, resident care center and many other amenities. Plantation Village and its residents have been a vital part of the Porters Neck community since the 1980s. Plantation Village was originally granted a Special Use Permit in 1983 as a Nursing & Personal Care Facility under the New Hanover County Zoning ordinance existing at Board of Commissioners - October 5, 2020 ITEM: 15- 7 - 7 that time. Modifications to the original Special Use Permit were made over time, and in 2011 the New Hanover County Board of Commissioners issued the existing Special Use Permit for the facility as a Continuing Care Retirement Community to replace the previous Special Use Permit and more accurately reflect the use under updated zoning ordinances. The Applicant is requesting a modification to the existing Special Use Permit to allow for the renovation and expansion of its existing facilities. As illustrated on the proposed revised Master Plan, the plan includes a net increase of 83 independent living homes. The current permitted number of units within Plantation Village is 247. This request, if granted, would allow Plantation Village to have up to 330 units and allow enhancements to existing indoor amenity spaces, replacement of a hobby shop and maintenance building, and new outdoor /game amenities. The proposed density increase is modest at approximately 1.5 additional units per acre over the current density. This is consistent with the General Residential Future Land Use placetype and will allow Plantation Village to serve more residents in New Hanover County's growing senior population. Existing Master Plan (2011), ZY - G_. =.f. --------------- y ` - - r Proposed Master Plan (2020) ► o gl Board of Commissioners - October 5, 2020 ITEM: 15- 7 - 8 Criteria Required for Approval of a Special Use Permit 1. The use will not materially endanger the public health or safety if located where proposed and approved. The proposed use will not materially endanger the public health or safety if located where proposed and approved. The best evidence of this is Plantation Village's long history and outstanding reputation through the region. Plantation Village has existed and operated for decades on its current campus with no negative impacts on public health or safety, and no negative impacts to neighboring property owners and uses. On the contrary, Plantation Village has been an asset to the Porters Neck area for more than 30 years. Additionally, it should be noted that in 2011, in granting the existing Special Use Permit, the New Hanover County Board of Commissioners found that the use would not materially endanger the public health or safety if located and developed according to the existing Master Plan. No change in the type of use is proposed with this modification request. As stated above, the proposed expansion generally consists of the renovation and relocation of some buildings within the existing campus and a slight density increase (along with required parking for same) as illustrated in the proposed revised Master Plan. Plantation Village has adequate existing services and utilities, including sewer, water, electrical, garbage collections, and fire protection. The community adheres to all applicable State and County health and safety regulations and fire codes, and the Residential Care Center provides nurses available 24/7 for residents. With respect to anticipated traffic impacts, the increased density proposed is relatively low, and because this is a retirement community, it is anticipated that residents are less likely to travel at AM and PM peak traffic hours. Additionally, Plantation Village does not have any impact on student enrollment to the New Hanover County school system. The existing Plantation Village site has a NCDEQ State Stormwater Permit (SW8 030203) which was originally issued in 2003 and was modified in 2013. Stormwater treatment occurs in one on -site retention pond and one on -site infiltration basin. The retention pond has excess capacity to treat up to 64,573 square feet of new impervious surface and the infiltration basin has excess capacity to treat up to 42,233 square feet of new impervious surface. Because the areas draining to the existing stormwater features will have impervious area removed and replaced with impervious surfaces within the existing permitted parameters there will not be any modification to the existing features. Board of Commissioners - October 5, 2020 ITEM: 15- 7 - 9 Based on the proposed Master Plan there will be an increase in impervious surface in the currently undeveloped portion of the site. A new stormwater infiltration basin is proposed that will meet or exceed both NCDEQ and New Hanover County requirements. 2. The use meets all required conditions and specifications of the Unified Development Ordinance. As illustrated by the proposed revised Master Plan, the proposed Special Use Permit modification meets the requirements of UDO Sec. 4.3.2.2. as follows: • A minimum lot size of 20 acres. • Minimum parking spaces of 1.5 per independent living unit plus one space per employee on the largest shift. • Maximum impervious area will not exceed 40% for the total development. • There are no commercial uses on site. All amenities are private amenities for the benefit of the residents of the CCRC. • Height will not exceed 50 feet. • Plantation Village is served by sewer and water utilities through Cape Fear Public Utility Authority. • The proposed modification will meet all open space and improved recreational space requirements. • The modification will meet all buffering and setback requirements. • Porters Neck Road is a Collector Road as designated on the WMPO Functional Road Classification Map. • All other applicable required local state or federal permits or authorizations will be met. 3. The use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. The proposed use will not substantially injure the value of adjoining or abutting property. As the New Hanover County Commissioners found in the issuance of the existing Special Use Permit in 2011, "[t]he proposed use is a continuation and expansion of existing uses on the campus." The proposed modification is not substantially different from that previous request. The use and operation of the facility will remain the same with some renovations, replacements and expansions of existing buildings, a slight increase in density, and an increase in parking to meet the requirements for the new units. For decades, Plantation Village has been a vital part of the Porters Neck community and a good neighbor. The properties adjacent to the east and to the south across Porters Neck Road are golf courses and residential golf course communities. The property adjacent to the west is an assisted living and nursing home facility. To the north of the proposed project area is Hunters Green Phases I and II, a single - family residential Board of Commissioners - October 5, 2020 ITEM: 15- 7 - 10 neighborhood. Based upon the Hunters Green Phase I subdivision map (Map Book 35 at Page 132, New Hanover County Registry), the lots in Hunters Green Phase I average approximately 8,471 sq. ft. (rounding up). Based upon the Hunters Green Phase 11 subdivision map (Map Book 35 at Page 133, New Hanover County Registry), the lots in Hunters Green Phase 11 average approximately 9,823 sq. ft. (rounding up). The proposed density of the Special Use Permit Modification is only a slight increase over what is currently permitted under the existing Special Use Permit. This proposed slight increase in density will not substantially injure the value of adjoining or abutting property. 4. The location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the New Hanover County Comprehensive Land Use Plan. The proposed modification is in harmony with the area. Plantation Village is an existing residential use that provides additional alternative housing types for seniors in the County. Plantation Village's campus has been in existence for decades and is an integral part of the Porters Neck Community. As seen in the photos below it is a beautiful campus that is very well maintained and carefully landscaped for the enjoyment of residents and their guests. It offers: Aesthetically pleasing entrance and streetview. .Y x jL { , f Board of Commissioners - October 5, 2020 ITEM: 15- 7 - 11 Very high - quality community buildings and water features. I Beautifully designed residences and open spaces. ♦ A S WAV IF .. T. ' Board of Commissioners - October 5, 2020 ITEM: 15- 7 - 12 Landscaped walking trails. Opportunities to enjoy nature. Board of Commissioners - October 5, 2020 ITEM: 15- 7 - 13 The Plantation Village campus is an example of careful planning, consideration and preservation of green space and is an asset to the Porters Neck area. It complements the surrounding neighborhoods and golf courses. Additionally, the proposed modification is consistent with the New Hanover County Comprehensive Plan. The Subject Property, along with the surrounding area is designated as a "General Residential" placetype on the Comprehensive Plan Future Land Use Map. As illustrated below, the General Residential placetype is intended for residential uses (including low- density multi - family residential) as well as recreational uses, both of which Plantation Village provides to its residents. Additionally, the ideal density for low- density multi- and single - family residential is 1 -6 du /acre, which is consistent with the requested modification. Comprehensive Plan: Visualizing the Future p. 5 states "[t]he ideal density for multi- and single family residential is low (ranging up to approximately eight units per acre)." DESIRED USES ♦ Types of Uses / Projects Single- Family Residential Law- Dens't Multi - Family Residential Light Commercial Civic oss�ffo uses Recreational r.a.... DEVELOPMENT INTENSITY >fvFifSFMFMf rxFiMflrY • Massina I Scale Recommendations - Office 1-2 Low — Retail 1 -2 Law w .,.., .., Planned 1 -3 Medium Development Low- Density 1 -3 2 -6 du/ccre Alulti.Family Single- Fanilly 1 -3 1 -6 du /acre Residential Board of Commissioners - October 5, 2020 ITEM: 15- 7 - 14 Number Use o of Stories I Ideal Dens Board of Commissioners - October 5, 2020 ITEM: 15- 7 - 14 The proposal is also consistent with the Comprehensive Plan goal of providing a range of housing types, opportunities and choices and is consistent with the following implementation guidelines: • XV.A.3 Review zoning regulations where appropriate to accommodate populations with special needs such as the elderly and disabled. • XVIII.A.2 Encourage the inclusion of areas for physical activity in the design of residential open space areas. • XX.B.1 Sidewalks, pedestrian amenities, and residential common areas should be designed to be inclusive of persons with limited mobility. • IX.D.2 Encourage infill development to maximize use of previously developed sites for highest and best use. In summary, the proposed modification to the existing Special Use Permit meets all of the required Special Use Permit criteria, is consistent with the Comprehensive Plan, allows Plantation Village to improve its community spaces and residences and supports the need for housing alternatives for the County's growing senior population. Board of Commissioners - October 5, 2020 ITEM: 15- 7 - 15 NEW HANOVER COUNTY x PLANNING & LAND USE j+ j 7 -z A UTHORITY FOR APPOINTMENT OF AGENT Print Form 230 Government Center Drive Suite 110 Wilmington, NC 28403 910- 798 -7165 phone 910- 798 -7053 fax +anew, nhegov. com Please note that for quasi - judicial proceedings, either the land owner or an attorney must be present for the case at the public hearing. The undersigned owner does hereby appoint an authorized the agent described herein as their exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and/or an appeal of Staff decisions applicable to the property described in the attached petition. The Agent is hereby authorized to, on behalf of the property owner: 1. Submit a proper petition and the required supplemental information and materials 2. Appeal at public meetings to give representation and commitments on behalf of the property owner 3. Act on the property owner's behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning Ordinance. Agent Information Property Owner(s) Subject Property Name Owner Name Address Matthew A. Nichols Plantation Village, Inc. 1200 Porters Neck Rd. Company Owner Name 2 City, State, Zip Law Office of Matthew A. Nichols Wilmington, NC 28411 Address Address Parcel ID 3205 Randall Pkwy, Suite 904 1 1200 Porters Neck Rd. 803700 -002 -015 -000, City, State, Zip City, State, Zip 03700 -002- 014 -000 Wilmington, INC 28403 Wilmington, NC 28411 R03700- 002 - 013 -000 803 ?00 - 002- 012 -000 Phone Phone 803700- 002- 011 -000 (910) 508 -7476 866- 825 -3808 1 R03700- 002 - 002 -002 Email Email matt@mattnichoislaw.com Case Number Rererence: I DatelTime received: Recehed by: This document was willfully executed on the Plantation Village, Inc. 77� —Owner gnatu '� By., Zane Bennett, Executive Director day of s _,20 Owner 2 Signature 09/14 Board of Commissioners - October 5, 2020 ITEM: 15- 7 - 16 This report is printed an recycled paper with 30% post - consumer content. P ro' ect #. 200204 All paper Is FSC Certified. The entire document. includine+ I.;,r.l1ng, is 100% recyclable. Board of Commissioners - October 5, 2020 ITEM: 15- 7 - 17 0 DAVENPORT Technical Memorandum Plantation Village New Hanover county, NC Prepared for Plantation Village, Inc, February 17, 2020 Analysis by: Tau Lee, El Dionne G. Brown, PE Drafting /Graphics by: Tou Lee, El Reviewed by: Andrew Hayes, PE Sealed by: Dionne C. Brown, PE \\�4ttttllrrrli�i �';A C. AR 0- SEAL 040247 ;`af �NGIN��' .0 This report is printed on recycled paper with 30% post- consumer content. All paper is FSC Certified. The entire document, including binding, is 100% recyclable. This document, together with the concepts and designs presented herein, is intended only for the specific purpose and client for which it was prepared. Reuse of, or improper reliance on, this document by others without written authorization and adaptation by DAVENPORT shall be without liability to DAVENPORT and shall be a violation of the agreement between DAVENPORT and the client. Home Office: Wilmington Regional Office: Serving the Southeast since 2002 119 Brooks ;own Ave. Suite PH1 3722 Shipyard Boulevard. Suite E Winston -Salem NC 27101 Wilmington. NC 28403 Main 336 744 1636: Fax: 336 458 9377 Main: 910 251 8912: Fax: 336.458.9377 Board of Commissioners - October 5, 2020 ITEM: 15- 7 - 18 0 DAV ENPORT Intersection Capacity Analysis for Plantation Village Technical Memorandum DAVENPORT Project Dumber 200204 Prepared for Plantation Village, Inc. February 17, 2020 Introduction DAVENPORT was retained to determine the potential traffic impacts of the Plantation Village project and to identify transportation improvements that may be required to accommodate the impacts of both background traffic and new development traffic. The proposed project is to be located west of the existing Plantation Village in New Hanover County, NC. The project proposes 114 senior adult housing dwelling units. The development will be constructed in phases, Phase 'I will consist of 44 dwelling units and Phase 2 will consist of 70 dwelling units. The development will utilize the existing site access, Plantation Village Drive. Methodology Figure 1 in the Supporting Documents illustrates the site plan. The vicinity map and the existing lane geometry are illustrated in Figure 2 and Figure 3 respectively. Quality Counts staff collected existing traffic counts at the study intersection on November 5, 2019. The traffic counts were projected to 2020 with a 1.0% growth rate. Approved developments are developments that have been recently approved in the area, but not yet constructed. There are two (2) approved developments to be considered in this analysis. The first is Oaks at Murray Farm (previously known as Porters Neck Development) located north of Porters Neck Road and west of Shiraz Way. This development consists of 58 single family homes and 348 multi- family housing units to be built by 2023. The second approved development is Waterstone Development located on Edgewater Club Road and south of Porters Neck Road. This development consists of 151 single family homes to be built by 2020. Phase 1: Existing volumes were projected out to a future analysis year of 2022 by applying an 1% annual traffic growth rate and adding the approved development trips. Existing volumes and 2022 future no build volumes are shown for AM and PM peaks in Figures 4 and 5, respectively. The trip generation potential for this site was projected based on the 10th edition of ITE Trip Generation Manual. Table 1 presents the results. Phase 1 site trips for this project were distributed based on the existing traffic patterns and engineering judgment. The trip distribution model is shown in Figure 6. The 2022 Phase 1 build -out traffic volumes were obtained by summing the 2022 future no build volumes, and site trips generated by the proposed project. Phase 1 site trips are shown in Figure 7, The 2022 Phase 1 future build volumes are shown for AM and PM peaks in Figure 8. Home Office: Wilmington Regional Office: Serving the Southeast since 2002 119 Brookstown Ave. Suite PH1 3722 Shipyard Boulevard, Suite E Winston - Salem, NC 27101 Wilmington, NC 28403 Main: 336.744.1636; Fax: 336.458.9377 Main: 910.251.8912; Fax: 336.458.9377 1 Board of Commissioners - October 5, 2020 ITEM: 15- 7 - 19 0 DAVENPORT Phase 2: Existing volumes were projected out to a future analysis year of 2023 by applying an 1% annual traffic growth rate and adding the approved development trips. 2023 future no build volumes are shown for AM and PM peaks in Figure 10. Phase 2 site trips for this project were distributed based on the existing traffic patterns and engineering judgment. The trip distribution model remains the same as Phase 1 in Figure 6. The 2023 Phase 2 build -out traffic volumes were obtained by summing the 2023 future no build volumes, and site trips generated by the proposed project. Phase 2 site trips are shown in Figure 11. The 2023 Phase 2 future build volumes are shown for AM and PM peaks in Figure 12. Synchro traffic software and SIDRA 8.0 were used to determine the level of service of the study intersection. Queue lengths were reviewed based on the SimTraffic simulation. In general, the analysis for this project was conducted utilizing commonly accepted NCDOT standards. The following intersections were included in the study: 1. Porters Neck Road at Shiraz Way / Edgewater Club Road (ROUNDABOUT) 2. Porters Neck Road at Champ Davis Road 3. Porters Neck Road at Plantation Village Drive The intersections were analyzed during the AM (7 -9 am) and PM (4 -6 pm) peaks for the following conditions: • 2020 Conditions 2022 Future No -Build Conditions 2022 Phase 1 Build Conditions • 2023 Future No -Build Conditions • 2023 Phase 2 Build Conditions Home Office: Wilmington Regional Office: 119 Brookstown Ave. Suite PH1 3722 Shipyard Boulevard, suite E Winston - Salem, NC 27101 Wilmington, NC 28403 Main: 336.744.1636; Fax: 336.458.9377 Main: 910.251.8912: Fax: 336.458.9377 Board of Commissioners - October 5, 2020 ITEM: 15- 7 - 20 Serving the Southeast since 2002 Plantation Village Development 24 Hour AM Peak PM Peak Average Weekday Driveway Volumes Hour Hour Two -way Land Use ITE Land code Size Method/Type Volume Enter Exit Enter Exit Phase 1 Senior Adult 252 44 Dwelling 4djacent/Equation 152 3 6 7 6 Housing Units -] Phase 2 Senior Adult 252 70 Dwelling Adjacent/Equation 256 5 9 10 9 Housin Units Total Trips is 8 15 17 15 The following intersections were included in the study: 1. Porters Neck Road at Shiraz Way / Edgewater Club Road (ROUNDABOUT) 2. Porters Neck Road at Champ Davis Road 3. Porters Neck Road at Plantation Village Drive The intersections were analyzed during the AM (7 -9 am) and PM (4 -6 pm) peaks for the following conditions: • 2020 Conditions 2022 Future No -Build Conditions 2022 Phase 1 Build Conditions • 2023 Future No -Build Conditions • 2023 Phase 2 Build Conditions Home Office: Wilmington Regional Office: 119 Brookstown Ave. Suite PH1 3722 Shipyard Boulevard, suite E Winston - Salem, NC 27101 Wilmington, NC 28403 Main: 336.744.1636; Fax: 336.458.9377 Main: 910.251.8912: Fax: 336.458.9377 Board of Commissioners - October 5, 2020 ITEM: 15- 7 - 20 Serving the Southeast since 2002 0DAVENPORT Capacity Analysis Overall, the study intersections currently operate at level of service (LOS) A or B during the AM and PM peak hours, as shown in Table 2 through Table 4. The 2022 future no build conditions (without the project site trips) remain at the same levels of service. In 2022 future build conditions (which includes the proposed project site trips) the studied intersections remain at the same levels of service. Overall, a slight increase (less than a second) in delay is expected at all intersections. A summary of the queue length analysis is shown in Table 5. No queuing issues are expected based upon the analysis results. Based on the NCDOT turn lane warrant charts, no turn lanes are warranted. Therefore, no improvements are recommended. Figures 9 and 13 shows the recommended improvements for Phase 1 and Phase 2, respectively. Home Office: Wilmington Regional Office: 119 Brookstown Ave. Suite PH1 3722 Shipyard Boulevard, Suite E Winston- Salem, NC 27101 Wilmington, NC 28403 Main 336.744.1636: Fax: 336.458.9377 Main: 910.251.8912; Fax: 336.458.9377 Board of Commissioners - October 5, 2020 ITEM: 15- 7 - 21 Serving the Southeast since 2002 0 DAVENPORT Home Office: Wilmington Regional Office: 119 Brookstown Ave. Suite PH1 3722 Shipyard Boulevard, Suite E Winston - Salem, NC 27101 Wilmington, NC 28403 Main: 336,744.1636; Fax: 336.458.9377 Main: 910.251.8912; Fax: 336.458,9377 Board of Commissioners - October 5, 2020 ITEM: 15- 7 - 22 Serving the Southeast since 2002 4 L T R 4 r L T R L T R L T R 2020 A 7.4 ( ) 7,3 A A A ( } A A A A A A A A A Existing (7.3). 7.3 7.5 7.5 7.5 7.6 7.6 7.6 7.2 7.2 7,2 A (7.3) A (7.5) A (7.6) A (7.2) L T R L T R L T R L T R 2022 A A A A A A A A B B B Future A (9.2) A (8.2) 8.2 8.2 9.2 9.2 9.2 9.9 9.9 9.9 10.6 10.6 10,6 No Build A (8.2) A (9.2) A (9.9) B (10.6) 2022 L T R L T R L T R L T R Future A (9 3) A (8 3) A A A A A A A A B B B Phase 1 8.3 8.3 9.3 9.3 9.3 9.9 9.9 9.9 10.7 10.7 10.7 Build A (8.3) A (9.3) A (9.9) B (10.7) L T R L T R L T R L T R 2023 A A A A A A A A B B B Future A (9.3) A (8.3) 8 3 (8.3) 9.3 9.3 9.3 10.0 10.0 10.0 10.7 10.7 10,7 No Build q (8.3) R (9.3) A (10.0) B (10.7) 2023 L T R L T R L T R L T R Future A (9.5) A (8.4) A A A A A A A A B B B Phase 2 8.4 8.4 9.5 9,5 9.5 10.1 10.1 10.1 10.9 10.9 10.9 Build A (8.4) A (9.5) A (10.1) B (10.9) L T R PIVI L Peak Hour T R L T L T R 2020 A 8.6 ( } A 8,7 A A ( } A A A A A T(8.9) A A A Existing 8.7 8,7 8.2 8.2 8.2 8.9 8.9 7.8 7.8 7.8 A (8.7) A (8.2) A (8.9) A (7.8) L T R L T R L T R L T R 2022 B B B B B B B B B B B B B 2022 Future ( 12.6} 12.8 12.8 12.8 13.0 13,0 (13.0) 12.5 12.5 12.5 11.5 11.5 11.5 No Build B (12.8) 8(13.0) B (12.5) B (11.5) 2022 L T R L T R L T R L T R Future B B B B B B B B B B B B B Phase 1 (12.6) 13.0 13.0 13.0 13.3 13,3 13.3 12.7 12.7 12.7 11.7 11.7 11.7 Build B (13.0) B (13.3) B (12.7) B (11.7) L T R L 7 R L T R L T R 2023 B g B B B B B B B B B 8 B Future ( 12.8) 12.9 12.9 12.9 13.2 13.2 13.2 12.7 12.7 12.7 11.7 i 1.7 11.7 No Build 8(12.9) B (13.2) B (12.7) B (11.7) 2023 L T R L T R L T R L T R Future B B B B B B B B B B B B B Phase 2 (13.1) 13.3 13.3 13.3 13.7 13.7 13.7 13.0 13.0 13.0 11.9 11.9 11.9 Build B (13.3) B (13.7) B (13.0) 1 B (11.9) Home Office: Wilmington Regional Office: 119 Brookstown Ave. Suite PH1 3722 Shipyard Boulevard, Suite E Winston - Salem, NC 27101 Wilmington, NC 28403 Main: 336,744.1636; Fax: 336.458.9377 Main: 910.251.8912; Fax: 336.458,9377 Board of Commissioners - October 5, 2020 ITEM: 15- 7 - 22 Serving the Southeast since 2002 4 0 DAVENPORT Home Office: Wilmington Regional Office: Serving the Southeast since 2002 119 Brookstown Ave. Suite PH1 3722 Shipyard Boulevard, Suite E Winston - Salem, NC 27101 Wilmington, NC 28403 Main: 336.744.1636: Fax: 336.458.9377 Main: 910.251.8912; Fax: 336.458.9377 5 Board of Commissioners - October 5, 2020 ITEM: 15- 7 - 23 Davis Road at Porters Neck .Approach Scenario LOS • Worst Approach Eastbound (Delay Westbou Northbound Southbound L T R AM Peak Hour L T R L T R L T R 2020 B (11.8) NB A (7.6) A {0.0) A {0.0) A A A B B A B B B Existin g (7.6) 0.4 0.0 12.9 12.9 9.2 11.3 11.3 11.3 Approach A (1.9) A (0.1) B(11.8) B(11.3) L T R L T R L T R L T R 2022 B (12.0) A A A B B A B B B Future NB A (7.6) A (0.0) A (0,0) 7 6 D.D 0.4 13.1 13.1 9.2 11.4 11.4 11.4 No Build Approach A (1.8) A (0.1) B (12.0) B (11.4) 2022 L T R L T R L T R L T R Future B {14'0) NB A (7.8) A (0, 0) A (0.0) A A A B B A B B B Phase 1 7 6 0.4 0.0 14.8 14.8 9.1 10.5 10.5 10.5 Approach Build A (2.7) A (01) 8(14.0) B (10.5) L T R L T R I L T R L T R 2023 B (U.1) A A A B B A B B B Future NB A (7.6) A (0.0) A (0.0) 7.6 0.4 0.0 13.2 13.2 9.3 11.5 11.5 11.5 No Build Approach A (1.8) A (0.1) B (12.1) B (11.5) 2023 L T R L T R L T R L T R Future B {12'2) NB A (7.7) A (0.0) A (0.0) A A A B B A B B B Phase 2 7.6 0.0 0.0 13.4 13.4 9.3 11.6 11.6 11.6 Approach Build A (1.8) A (0.1) B (12.2) B (11.6) L T R PM Peak Hour T R L T R 2020 B (13'1) =(7.5)714.3 B A B B B Existing NB A (7.7) A (0.0) A {0,0) 14.3 (9.Q)_ 10.4 10.4 10.4 Approach A (2.8) A (0.1) B (13.1) B (10.4) L fi R L T R L T R L T R 2022 6(13,9) A A A B B A B B B Future NB A 7 8 A 0.0 A 0.0) 7.6 0.0 0.0 14.6 14.6 9.0 10.5 10.5 10.5 No Build Approach A (2.8) A (0.1) B(13.9) B (10.5) 2022 L T R L T R L T R L T R Future B (14.1) NB A (7.8) A (0.0) A (0.0) A A A B B A B B B Phase 1 7.6 0.0 0.4 14.9 14.9 9.0 10.6 10.6 10.6 Approach Build A (2.9) A (0.1) B (14.1) B (10.6) L T R L T R L T R L T R 2023 B (14.0) A A A B B A B B B Future NB A 7.8 A 0.0 A 0.0 7.6 D.D 0.0 14.7 14.7 9.1 10.5 10.5 10.5 No Build Approach A (2.8) A (0.1) B (14.0) 8(10.5) 2023 L T R L T R L T R L T R Future B (14' 3) NB A (7.8) A (0.0) A (0.0) A A A C C A B B B Phase 2 (7.6) 0.0 0.0 15.1 15.1 9.1 10.6 1016 10.6 Approach Build A (2.7) A (0.1) 1 6(14.3) 8(10.6) Home Office: Wilmington Regional Office: Serving the Southeast since 2002 119 Brookstown Ave. Suite PH1 3722 Shipyard Boulevard, Suite E Winston - Salem, NC 27101 Wilmington, NC 28403 Main: 336.744.1636: Fax: 336.458.9377 Main: 910.251.8912; Fax: 336.458.9377 5 Board of Commissioners - October 5, 2020 ITEM: 15- 7 - 23 0 DAVENPORT Home Office: Wilmington Regional Office: Serving the Southeast since 2002 119 Brookstown Ave. Suite PH1 3722 Shipyard Boulevard, Suite E Winston - Salem, NC 27101 Wilmington, NC 28403 Main: 336.744.1636, Fax: 336.458.9377 Main: 910.251.8912 Fax: 336. 458.9377 6 Board of Commissioners - October 5, 2020 ITEM: 15- 7 - 24 Table 4 - Porters Neck Road at Plantation Drive ell of Service by Approach Scenario LOS of Worst _2 (Delay Approach • bi• • • 1• • • •• 1 L T AM Peak Hour T R L T R L T R 2020 A (�'3) A A A A A Existing A (7.5) 0 0 .0 0.0 9.3 9.3 Approach A (2.1) !tA 4.0) A (9.3) 2022 A (9.3) A A A Future SB A (7.5) ..0 0.0 9.3 9.3 No Build Approach A (2.1) A (0.0) A (9.3) 2022 L T R L T R L T R L T R Future A (�'3) A (7.5) A A A A A Phase 1 Approach 7.5 0.0 0.0 9.3 9.3 A (9.5) Build A (0.0) A (9.3) L T R L T R L T R L T R 2023 A (9.3) A A A A A Future SB A (7.5) OA 0.4 0.0 9.3 9.3 No Build Approach A (2.0) A (QA) A (9.3) 2023 L T R L T R L T R L T R Future A (�'3) A A A A A Phase 2 SB A (7.5) 4.4 0.0 0.0 9.3 9.3 Approach Build A (2.2) A (0.0) A (9.3) L T R L T R L T R L T R 2020 A (9'3) A A A A A Existing SB A (7 6) 0.0 0.0 0.0 9.3 9.3 Approach A (0.8) A (0.0) A (9.3) L T R L T R L T R L T R 2022 A (9.5) A A A A A Future SB A (7.6) 0.0 0 0 0.0 9.5 9.5 No Build Approach A (4.9) A (0A) A (9.5) 2022 L T R L T R L T R L T R Future A (9'5) SB A (7.6) A A A A A Phase 1 0.0 0.0 0.0 9.5 9.5 Approach Build A (1.2) A (0.0) A (9.5) L T R L T R L T R L T R 2023 A (9.5) A A A A A Future SB A (7.6) 010 0.0 0.0 9.5 9.5 No Build Approach A (4.8) A (0.0) A (9.5) 2023 L T R L T R L T R L T R Future (9'5) SB A (7.6) A A A A A Phase 2 0.0 0.0 0.0)_ 9.5 9.5 Approach Build A (1.3) A (0.0) A (9.5) Home Office: Wilmington Regional Office: Serving the Southeast since 2002 119 Brookstown Ave. Suite PH1 3722 Shipyard Boulevard, Suite E Winston - Salem, NC 27101 Wilmington, NC 28403 Main: 336.744.1636, Fax: 336.458.9377 Main: 910.251.8912 Fax: 336. 458.9377 6 Board of Commissioners - October 5, 2020 ITEM: 15- 7 - 24 0 DAVENPORT Home Office: Wilmington Regional Office: 119 Brookstown Ave. Suite PH1 3722 Shipyard Boulevard, Suite E Winston - Salem, NC 27101 Wilmington, NC 28403 Main: 336.744.1636; Fax: 336.458.9377 Main: 910.251.8912; Fax: 336.458.9377 Board of Commissioners - October 5, 2020 ITEM: 15- 7 - 25 Serving the Southeast since 2002 Queue AM Peak Hour Queues Scenario Porters Neck Road at Shiraz Way! Edgewater Champ Daais Road at Porters Neck Road Porters Neck Road at Plantation Club Road (ROUNDABOUT) Village Drive 2020 Existing EBLTR WBLTR i, NBLT ES .EBR WBLTR NBLT NBR ( SBLTR EBLT BLR Max Queue (ft) 62 32.3 39.8 16.9 30 0 D 29 28 50 31 27 95th Percentile 62 32.3 39.8 16.9 3 0 0 2 0 11 2 ZFULL 2 _ Queue (ft�� Storage Bay (ft) FULL FULL FULL FULL FULL 150 FULL 50 FULL FULL FULL FULL 2022 Future EBLTR WBLTR NBLTR SBLTR EBLT EBR WBLTR NBLT NBR SBLTR ff SBLTR No Build Max Queue (ft). 77.9 37.8 613 38 49 0 0 29 28 50 32 27 0 95th Percentil8 77.9 37.8 63.3 38 3 0 0 2 0 11 2 0 2 Queue (ft) Storage Bay (fl FULL FULL FULL FULL FULL 150 FULL 50 FULL FULL FULL FULL FULL Future EBLTR WBLTR NBLTR SBLTR EBLT EBR WBLTR NBLT NBR SBLTR EBLTR WBLTR SBL Phas Phase 1 Build Max Queue (ft) 78.8 39.2 63.5 38,6 56 0 0 29 28 44 46 27 10 95th Percentile, 78.8 39.2 63.5 38.6 3 0 0 2 0 11 3 0 2 Queuf Storage Bay (ft)l FULL FULL FULL FULL FULL 150 FULL 50 FULL FULL FULL FULL FULL 2023 Future LTR EBLT EBR WBLTR NBLT NBR', R No Build Max Queue (ft 79.1 38.2 64.3 38.7 50 0 0 0 29 28 52 32 27 0 951h Percenlilo. 79.1 38.2 64.3 38.7 3 0 2 0 11 2 0 2 Queue (fl) Storage Bay (fit) FULL FULL FULL FULL FULL 150 FULL 50 FULL FULL FULL FULL FULL 2023 Future EBLTR I WBLTR NBLTR SBLTR EBLT EBR WBLTR NBLT NBR SBLTR EBLTR WBLTR SBLTR Phase 2 Build Max Quetl 80.7 40.4 64.7 39.6 28 0 0 29 28 48 46 27 10 95th 80.7 40.4 64.7 39.6 3 0 0 2 0 12 3 0 3 Queeue ue (ft) (fi) FULL FULL FULL FULL FULL 150 FULL 50 FULL FULL FULL FULL FULL Home Office: Wilmington Regional Office: 119 Brookstown Ave. Suite PH1 3722 Shipyard Boulevard, Suite E Winston - Salem, NC 27101 Wilmington, NC 28403 Main: 336.744.1636; Fax: 336.458.9377 Main: 910.251.8912; Fax: 336.458.9377 Board of Commissioners - October 5, 2020 ITEM: 15- 7 - 25 Serving the Southeast since 2002 0 DAVENPORT Home Office: Wilmington Regional Office: 119 Brookstown Ave. Suite PH1 3722 Shipyard Boulevard, Suite E Winston - Salem, NC 27101 Wilmington, NC 28403 Main: 336.744.1636: Fax: 336.458.9377 Main: 910.251.8912; Fax: 336.458.9377 Board of Commissioners - October 5, 2020 ITEM: 15- 7 - 26 Serving the Southeast since 2002 PM Peak Hour . Scenario Porters Neck Road at Shiraz Way / Edgewater Champ0alvis Road atRBrtersNeck Road Porters Neck Road at Plantatira Club Road (ROUNDABOUT) Village Drive 2020 Existing EBLTR WBLTR NBLTR SBLTR EBLT EBR WBLTR NBLT NBR SBLTR EBLTR WBLTR SBLTR Max Queue (ft) ; 90.1 33.7 44.1 20.4 51 0 0 29 a 28 74 0 0 54 95th Percentile'. Queue (ft) 90.1 33.7 44.1 20.4 5 0 0 3 0 9 1 0 5 Storage Bay (ft) FULL FULL FULL FULL FULL 150 FULL 50 FULL FULL FULL FULL FULL 2022 Future EBLTR WBLTR NBLTR SBLTR EBLT EBR WBLTR NBLT NBR SBLTR EBLTR WBLTR SBLTR No Build 25 51 52 Max Queue {ft) 166.1 70.6 85.4 40.3 51 0 0 29 27 0 95th Percentile; Queue (ft) 166.1 70.6 85.4 40.3 5 0 0 3 0 10 1 0 5 Storage Bay (ft FULL I FULL FULL FULL FULL 150 FULL 50 FULL FULL FULL FULL FULL Future EBLTR YVHLTR NBLTR SBLTR EBLT EBR WBLTR NBLT NBR SBLTR EBLTR WBLTR SBLTR Phase 1 Build Phase Max Queue (ft) 170.9 74 87 40.9 51 0 0 29 0 51 26 0 52 95th Percentile 170.9 74 87 40.9 5 0 0 3 0 10 1 0 6 Queue (ft) Storage Bay (ft , FULL FULL FULL FULL FULL 150 FULL 50 FULL FULL FULL FULL FULL 2023 Future No Build ,'I Max Queue (ft)•. 169.5 72.8 87.4 41.2 49 0 0 29 26 69 27 0 52 95th Percentile 169.5 72.8 87.4 41.2 6 0 0 3 0 10 1 0 5 Queue (ft) Storage Bay (ft) FULL FULL FULL FULL FULL 150 FULL 50 FULL FULL FULL FULL FULL 2023 Future $ ESR WBLTR NBLT NBR SBLTR EBLTR WBLTR SBLTR Phase 2 Build . 176.5 0 27 0 56 Max Queue (14 78.1 89.7 42 49 20 29 0 72 Percenlil' �95tlj " 176.5 78.1 89.7 42 6 D 0 3 D 10 2 0 6 Queue (fl) FULL FULL FULL FULL FULL 150 FULL 50 FULL FULL FULL FULL FULL Home Office: Wilmington Regional Office: 119 Brookstown Ave. Suite PH1 3722 Shipyard Boulevard, Suite E Winston - Salem, NC 27101 Wilmington, NC 28403 Main: 336.744.1636: Fax: 336.458.9377 Main: 910.251.8912; Fax: 336.458.9377 Board of Commissioners - October 5, 2020 ITEM: 15- 7 - 26 Serving the Southeast since 2002 L t DAV E NPO R.T Summary and Conclusion DAVENPORT was retained to determine the potential traffic impacts of this project and to identify transportation improvements that may be required to accommodate the impacts of both background traffic and new development traffic. Based on the trip generation rates and equations published in Trip Generation (Institute of Transportation Engineers, 10th Edition), this development has a trip generation potential of 23 trips in the AM peak and 32 trips in the PM peak in the total of phases. Overall, this capacity analysis shows that the proposed project will have a relatively minimal impact on capacity (less than a second increase in delay). Therefore, no improvements are recommended to accommodate future build traffic. In conclusion, this study has reviewed the impacts of both background traffic and proposed development traffic and has provided recommendations to accommodate future traffic. Please note that all site accesses should be designed according to NCDOT standards. Attached Supporting Documents: 1. Figure 1: Site Plan 2. Figure 2: Vicinity Map 3. Figure 3: Existing Lane Geometry 4. Figure 4: 2020 Existing Volumes 5. Figure 5: 2022 Future No Build Volumes 6. Figure 6: Trip Distribution 7. Figure 7: Phase 1 Site Trips 8. Figure 8: 2022 Future Phase 1 Build Volumes 9. Figure 9: 2022 Recommended Improvements 10. Figure 10: 2023 Future No Build Volumes 11, Figure 11: Phase 2 Site Trips 12. Figure 12: 2023 Future Phase 2 Build Volumes 13. Figure 13: 2023 Recommended Improvements 14. Turn Lane Warrants Home Office: Wilmington Regional Office: Serving the Southeast since 2002 119 Brookslown Ave. Suite PH1 3722 Shipyard Boulevard, Suite E Winston - Salem, NC 27101 Wilmington, NC 28403 Main: 336.744.1636: Fax! 336.458.9377 Main: 910.251.8912; Fax: 336.458.9377 9 Board of Commissioners - October 5, 2020 ITEM: 15- 7 - 27 0 DAV EMORT Supporting Documents Home Office: Wilmington Regional Office: 119 Brookstown Ave. Suite PH1 3722 Shipyard Boulevard, Suite E Winston - Salem, NC 27101 Wilmington, NC 28403 Main: 336.744,1636; Fax: 336.458.9377 Main: 910.251.8912; Fax: 336.458.9377 Board of Commissioners - October 5, 2020 ITEM: 15- 7 - 28 Serving the Southeast since 2002 10 N —NOT TO SCALE "' Tnly do—t, Wgetlbr wkh dte LOnOepta end designs �emmad h wleh IS Intaaded "y fe, ate spavw ptxpoao and chani rW ~ away prepared, Rouse d. or mprw &L,a on, eia d—c .l by others wMhwt wxx1M auawriai Wd adaptation by DAVENPORT, shell M WOWK pebeay W DAVENPORT, and 0.1 W a lid b. W the agreement beh— DAVENPORT -d the c -1. Board of Commissioners - October 5, 2020 ITEM: 15- 7 - 31 Board of Commissioners - October 5, 2020 ITEM: 15- 7 - 32 UNSIGNALIZED INTERSECTION ROADWAY BLACK = EXISTING --r TRAFFIC MOVEMENT ROUNDABOUT lF AM ! PM PEAKS N M c � 0 a a o U m � a f] N m on o L013 h O " N (` O L3115 eS1 N r--• 1721227 151 11 ° 1301141 V 2 ! 2 �' o L 1 4 4 Porters Neck T 100/138 26182.1 ti t Road 53 ! 83 J h 1 39116 1 170/196 °N °' °' 163/134 o N 101/127^ 177118E'N NNr 21152 oc] U m 03 m m o 3 d cs� Lu m FIGURE 4 2020 EXISTING TRAFFIC VOLUMES PLANTATION VILLAGE NEW HANOVER COUNTY, NC NOT TO SCALE "' PROJECT NUMBER 200204 This doalmenl, together wrth the -pts and designs prosen;ed herein, Is Intended only for the specift purpose and client for which itwas prepared. Rocco of, crimproper ref nce on., INs document ' by cMem Ydte t written oulhodsation end adapation by DAVENPORT, Shell de wlthcat liabllny to DAVENPORT, and shall be a vicaWn of the agmmont between DAVENPORT and the Client. Board of Commissioners - October 5, 2020 ITEM: 15- 7 - 32 Board of Commissioners - October 5, 2020 ITEM: 15- 7 - 33 UNSIGNALIZED . INTERSECTION ROADWAY BLACK = EXISTING TRAFFIC MOVEMENT ROUNDABOUT AM d PM PEAKS u� m o a cu c E 2 D CL M co fy Or co N LO 13 �, ``= o t- 3115 CD N 176/231 1 1761231 "� 4 `# ° M 133/149 L o t2/5 161 16 Porters Neck r 2 ! 2 105/148 of 481 152 J *A i Road 54 ! 85 l .� i 41 1 17 J 1741200 LO N 1701139 o rj 1091134 2031264 Z r oo 21 151 o 0 N v N 7 U d � rc N Q a rn v u.l FIGURE 7 2022 FUTURE NO BUILD VOLUMES PLANTATION VILLAGE NEW HANOVER COUNTY, NC NOT TO SCALE' "' PROJECT NUMBER 200204 This doament, "thw with the co—pls and designs presenlad herein. is intended only for tha spodgc poP— and d[ant rurwhich it was prepared. Reuse of, or improper reiienoe on. this dowrrorl by oihars without wrii autltonragon and adaptation by DAVENPORT, shag ba whhout rfabili to DAVENPCRT, and shag ba is -I.Jon or the agreement bahvean DAVENPORT and the dii Board of Commissioners - October 5, 2020 ITEM: 15- 7 - 33 FN b ,b% "' NOT TO SCALE — This do--L tagothor with the wrw" and doVr. proeantad herein, N Vntonded only for a,o speclfic purpose and client for wall, 1 was prepared. Rio are of, or Improper r0anw on t5t doeumenl by oRxrs without written outhonzatlon and adaptation by DAVENPORT, shag be without liaboay to DAVENPORT, and shall be a vMaPm of the agreement betwean 9AV£NPORT and the client. Board of Commissioners - October 5, 2020 ITEM: 15- 7 - 34 wMal iIALGINK-11RAIM Th {s doavm L 4ogelf wWh dM —,.p ft artl de�yna presented herein, is nl .ded oMy for the sped( purpose and d'mnl for which h waa prepared. Raise of, cr improper retisnea M. Ods do maaI by timers Wi d w,M" aUthorvaadpn and adaptaibn 4 DAVENPORT, steel be Wh= Iiab4fty to DAVENPORT, encl shM die a walatb Nthe ag*aorngnl helween DAVENPORT and the di-L Board of Commissioners - October 5, 2020 ITEM: 15- 7 - 35 N — NOT TO SCALE *"* This d--L topebmr whh dra tnrce0la aryl despns p, —,tad h .. la Nrnded coy for F .p% p.Wa and dent for wtKh h was prepar®d. Raraa d, u kn;-;w rdke— W, Otis dbe~1 by aerers -f—t — tM eehgdTa -4 adspblba. by DAVENPORT, ahee a w1O-A k"' to DAVENPORT, -4 shag be 9ndah -a V. aWeam b,,b— DAVENPORT and the d..L Board of Commissioners - October 5, 2020 ITEM: 15- 7 - 36 N °' NOT TO SCALE — This aloaanenL ni elher wah are rdreepl.s and deugm presenlod herein, is mended arty for ale sped purpose and dlent for which itwas prepared, Reusa d, er'mprbper rahaace de, this tlocanwnl by other; '.0,W w:dlen -Mary bcin and adaptal— by nAVFNPORT, ahaa M wrthaul aab Aey le DAVENPORT. and steal be o vldaaon of the agre —nl between DAVENPORT and tha client. Board of Commissioners - October 5, 2020 ITEM: 15- 7 - 37 Board of Commissioners - October 5, 2020 ITEM: 15- 7 - 38 UNSIGNALVED N . INTERSECTION ROADWAY BLACK = EXISTING TRAFFIC MOVEMENT �4/ ROUNDABOUT AM 1 PM PEAKS N ro A CL c > c m t U c ro a ro LL 7 M ip g cUi us 1,013 KsNr 1,3115 �N N N .— 1771234 `f l 1, ° 135 ! 150 '� �` ° o t 215 > *r 161 16 Porters Neck r212 -0 106 1 149 / I Road 491 153 J '� /" 55186 J .� I r. 41 1 17 J 175 1 202 -1 To N r 172/141 — m o N 110/136 --1 20512661 iri co 2/15-t uo 0 0 � v N 7 U b td N O d OI b FL FIGURE 10 2023 FUTURE NO BUILD VOLUMES PLANTATION VILLAGE NEW HANOVER COUNTY, NC NOT TO SCALE "'" PROJECT NUMBER 200204 Th,s door t In"U— with ea) wrc is and d—gm p—Med barmn. Is mtended �y Iw the sp-&. putp— and client W whi h it ras prepared. A-- .1. p Yapmppr rA.— p , Vas dOCe d ! Oy OtNn w1-1 wrtdan aUMgd,Tlign -d adaptltwn by QAVENPORT, shat be enlhoN I'abdTy tp DAVENPORT, and Shell be a viatatmn at She agreement between DAVENPORT and the Clem Board of Commissioners - October 5, 2020 ITEM: 15- 7 - 38 N — NOT TO SCALE — This doa -t together wllk [ho con W, aM denpna preeerted h-b- Ie u We .d arty hr t eP� purpaec and dent For w & it was pmpared. Reuse of, of improper Tali— an. Ins d[xumant by olhara w,V t _C w aetlumalwn and adapWWn by DAVENPORT, anal be wdhw babday to DAVENPORT, a.nd span be a —1.1 on M I" ag--M between DAVENPORT grid the client Board of Commissioners - October 5, 2020 ITEM: 15- 7 - 39 Board of Commissioners - October 5, 2020 ITEM: 15- 7 - 40 r UNSIGNALIZED INTERSECTEON ROADWAY BLACK = EXISTING TRAFFIC MOVEMENT J�j ROUNDABOUT i7 AM 1 PM PEAKS N B d � d 0 c > L U `e c°n fn m a 7 ao r 6 toN; t0 /3 mom' L3115 'N c' — 1861 243 r 16 116 4 ° ? .— 1441159 1 1` 21 2 N 'o t. 21 S Porters Neck r 1061 149 49 ! 153 J /*ti 1 /' Road 55186 J .� I r. 46127 J 1801212 o N 7 177/151 n o nl 1101 136 - 205 / 266 Z N m m 2 115 Z o 0 ED N a U �v m o 3 !� tb rn v w 12 FIGURE 2023 PHASE 2 BUILD VOLUMES PLANTATION VILLAGE NEW HANOVER COUNTY, NC NOT TO SCALE "' PROJECT NUMBER 200204 T" doarnenl, l0pV r with the oorr, pis and denris presented heveln, la }ntvMod orgy Far are epmft prLjgvw and rlenl fa wkdl it was prepared. Reuse of, or Irrmpcoper rylianne on, this dor—M oy crn wish t w wore aulnonntion and adapaw by DAVENPORT, ehal be wffhaA llabilty to DAVENPORT, and &hall be a violaw of the aQre mrn between DAVENPORT and the c4ont Board of Commissioners - October 5, 2020 ITEM: 15- 7 - 40 N '** NOT TO SCALE "' Thia donanent loget— with ltas mncapla and deaigna presented hmein. n intslAW oNy for Vte spmft peeposa and dlent for.hth it was proparsd. Ravae ol, or iinproper r.W. m. this dec—bnt by afi ,s wdhout wrsten aatl —bm and adapwtnn by DAVENPORT, shad be without babisy to DAVENPORT, and sham be a v+ulanmotthe agiaerrent between DAVENPORT erid the theta. Board of Commissioners - October 5, 2020 ITEM: 15- 7 - 41 ■M■■ MEMO NONE ■mm■ ®r) DAV EMOR PROPOSED SITE PLAN Board of Commissioners - October 5, 2020 ITEM: 15- 8 - 1 �i N DAVIS HOME SING SATE CD DUNES C /f� 0 Q PLANTATION �\ c? VILLAGE TO MARKET ST VICINITY MAP N.T.S. SF PARKING REQUIREMENT NO. UNITS PARKING REQ'D SPACES REQ'D EX. IL UNITS 247 1.5/ UNIT 371 EX. EMPLOYEES 86 1 / EMP. 86 SUBTOTAL EXISTING 41 HT. 457 NEW UNITS (NET) 83 1.5 /UNIT 125 NEW EMPLOYEES 29 1 /EMPLOYEES 29 SUBTOTAL FOR NEW 527 527 154 TOTAL PARKING REQUIRED 50' DEMO EXISTING SPACES 611 i W Wily PARKING PROVIDED EX. PARKING SPACES (2011 SUP PLAN) 527 SPACES TO BE DEMOLISHED -198 NEW SPACES CURRENTLY SHOWN 282 TOTAL AT COMPLETION OF PHASE 3 611 PLANTATION VILLAGE - PARKING MATRIX: SF HT. 40' #5074 TOTALPKG EXISTING CAMPUS PARKING: TOTAL SPACES AFTER EACH PHASE W EST CAM PUS 168 30' COMMONS BUILDING 118 1 W W P- BUILDING 41 HT. A /B /C BUILDINGS 108 21 UNITS QUADS 66 SF MAINTENANCE 26 12 TOTAL EXISTING PARKING 527 527 PHASE 1A & 1B HT. 50' DEMO EXISTING SPACES -63 i W Wily FRONTING NEW TYPE -B BLDGS SF HT. AND EXISTING MAINT. PKG 12 UNITS'• ADD NEW SPACES 73 SF TYPE -B BLDGS / MAINT YARD /DOG PARK 45' 8 PHASE 1 -A /1 -B NET CHANGE 10 537 PHASE -2A HT. 45' DEMO EXISTING SPACES -66 IWI / FOR QUAD BUILDINGS SF HT. ADD NEW SPACES 97 UNITS FOR TYPE -A & TYPE -C BLDGS 6,950 SF PHASE 2 -A NET CHANGE 31 568 PHASE -2B k» 6,950 DEMO EXISTING SPACES -15 45' FOR "C" BUILDING UNITS 15" PINE ADD NEW SPACES 47 HT. FOR TYPE -D BLDG 8 UNITS PHASE -2B NET CHANGE 32 600 PHASE -3 10" PINE #10576 DEMO EXISTING SPACES -54 I N O V I N FOR "A" & "B" BUILDINGS 15" PINE ADD NEW SPACES 65 #10474 FOR TYPE E -1 AND E -2 BLDGS WETLANDS ON SITE: 57,951 SF (1.33 AC) PHASE -3 NET CHANGE 11 611 TOTAL PARKING AFTER ALL PHASES PINE 611 NEW BUILDINGS: PHASE 1 COMMONS DINING EXPANSION PHASE 1 MAINTENANCE BUILDING RELOCATION PHASE 1 HOBBY SHOP PHASE 1 APARTMENT BLDG. #1 PHASE 1 APARTMENT BLDG. #2 PHASE 1 APARTMENT BLDG. #3 PHASE 1 APARTMENT BLDG. #4 PHASE 2 APARTMENT BLDG. #5 PHASE 2 APARTMENT BLDG. #6 PHASE 2 APARTMENT BLDG. #7 PHASE 2 APARTMENT BLDG. #8 PHASE 2 APARTMENT BLDG. #9 PHASE 2 APARTMENT BLDG. #10 PHASE 2 APARTMENT BLDG. #11 PHASE 3 APARTMENT BLDG. #12 PHASE 3 APARTMENT BLDG. #13 DENSITY: EXISTING UNITS: EXISTING DENSITY: PROPOSED TOTAL UNITS: PROPOSED DENSITY ti / �� Q� Il LOT W33 I MB 35, PG 264 — _ WILD DUNES CIRCLE LOT 25 \I (PRIVATE R/W VARIES, 40' MIN.) \ 35, PG 133 / \ / LOT PG4264 % MB — — Tao cma: " � B 35 / © 2018 NORRIS & TUNSTALL REVISIONS SYMBOL DATE DESCRIPTION THE FOLLOWING PROTECTED / SIGNIFICANT TREES WILL BE MITIGATED THROUGH PAYMENT /REPLACEMENT PER NEW HANOVER COUNTY APPROVAL. PROTECTED TREES: M 4874 12" PINE 6300 13" OAK 10407 10" GUM r - - -- / V _ I / \ -�\ _ _ #4875 18" PINE #6301 10" PEAR #10408 10" GUM LOT 26 / r_ -� r T - - -T - - -- �� \� c4 - -�� \\ - - #4876 15" PINE #6302 13" GUM #10409 10" OAK o�oo I �o I \ PG 133 / /mo - o 4877 20" PINE 6303 13" GUM 10410 8" OAK I �NNNW I I tl / MB 35, o ° I o o I o I o leo �oo I° 15 °O t o I° I¢¢ o Igo° I - �____1/ # # # OO�Z JNNNW I \\ / / / �O g°I r7 I_ I Igo I �O ZO Z° Z I M e I N O O DSO ° °�z I \\------- - - - - -� / a"'M° ec°.I 12�'^�NwIQN�° I =!MO leo�o I''o,r�io Iv,o^'N�IUO"'NWIcoMN 15h�o I�d�o IW�rNjO I�cvMO I #4878 15" PINE #6304 8" GUM #10411 12° GUM L. I =o�ri?cn I �o� °o I SCHWEITZER TYLER M \ / �o Nc�i o °o�°lo °c��zloo ^i'c�">I �o- NC�"- i'c�"^N� I�°i zlw�a�W I gOC�1ZI�ooNC� 12 °oo�c�i IJOONi; ISZ I / #4879 20" PINE #6305 12" GUM #10412 12" GUM CORNELIA NIXON DAVIS, INC. I �om�ir I ^MOB I Ro3MB735 PG 264 00 \ \\ / BYRD DON Wo�oo cno�ool�o�ZOl�o�ool °o�oolWOmc�olwomoo li°ohZ °I�°o�iZ° I Qo��al�oa�a loo�oa Izaako IkQ' I #4880 20" PINE #6306 10" GUM #10413 10" OAK RODB 5362, PC 42100 I dog I QMgN I ZONING R -20 \Y/ R03MB7350PG 133 00 �oMZ� �oM��IW����IWOMZwI J�M2W1���2W Im��2W Ie�MO.l =omr°.I� l o^ 'o�l��"'Z� IY?"'o� lz ^"�zW l���'oir l / #4881 4997 14" PINE #6307 6308 102" GUM #10414 10416 $2 "OOAK ZONING R -20 I o� I N� I RESIDENCE ZONING RESIDENCEO �MgN oogN IaogN Ix�gN I °�gNmlcZn�gN�lc°���gtim I eogN IgOg I oMg� I�Mgti Im�gti IU�gN� I�"�gN I / #4998 14" PINE #6310 15" PINE #10418 8" GUM VACANT I I g I / � I I leis Imp I °� I J �° I ° k I I � it lI � I t I � 6 #5001 12" PINE #6311 16" PINE #10420 12" OAK -----------•---••-•• �N-----••-------•—--- N�••---•--------- 1---------- •- I�••_L•�-------- •�- •-- -I_••— Imo•----- -•� —•- — — / #5006 20" PINE #6322 16" PINE #10421 10" GUM Yo w —ao ev —eo r —x0 ev— YO. —ao ev —eo r —xo r— YO. —ao ev —eo r —xo r— YO. —ao ev —eo r —xo ev— YO. —ao ev —eo r —xo ev— YO. —ao s —rs s —xo r —rs s —ao ev —eo r —xo r— YO. —ao ev —eo r —xo r —YO. I / #501 8 1 6" POPLAR #6323 19" PINE #10422 18" PINE ir a n —E! SB —ES SB —ES SB —E7 SB —E! U —E! SB— E7 SB —ES S8 —ES SB— —EO SB —E! SB —E! SB —E! SS —E7 SB —E! SB —E! SB -2S SB —EO SH —ES E! SH —ES SB —E7 SB —ES 58 -0 S8 —ES SH —O Sf —ES SB —ES SH —ES SH —E7 SB —E! SB —E! SB —ES EH —E7 ni #5029 15" PINE #6324 12" PINE #10423 22" PINE II #5030 15" PINE #6325 12" PINE #10424 8" OAK , n 1 #5037 10" CEDAR #6326 12" PINE #10425 15" PINE 1 ,SPACE � �j j I / #5039 16" CEDAR #6327 14" PINE #10426 14" OAK #5051 12" PINE #6328 15" PINE #10427 14" POPLAR n / #5052 12" PINE #6329 15" PINE #10448 15" GUM � I PORTERS NECK I I #5053 12" PINE #6333 16' PINE #10449 10" GUM W W L I COUNTRY CLUB INC #5054 15" PINE #6334 16" PINE #10450 15" OAK 1 4 RO3700- 002 - 005 -000 / DB 4352, PG 363 / #5065 16" PINE #6335 14" PINE #10451 12" GUM ZONING R -20 / #5066 14" PINE #6336 14" PINE #10452 10" GUM I ka n I I GOLF MAINTENANCE j #5067 14" PINE #6337 16" PINE #10454 8" OAK IME 5 ffi x I AREA l #5068 15" PINE #9505 20" GUM #10459 8" OAK I j #5069 15" PINE #9506 18" GUM #10460 10" OAK 1 k" a ni I / #5070 12" PINE #9507 15" GUM #10461 10" GUM 8 6 �_� PROPOSED #5071 16" PINE #9512 15" MAPLE #10462 8" OAK k�f� WOOD FENCE / #5073 12" PINE #9517 18" PINE #10463 12" GUM 0 Aso ,:*00 A�/ k» 1 I k» 1 ME i ME 1 k» 1 RE I PoNn 1 I �a I ME i- — IJ W sW 7 O CA o�z =W /fir N�o� I� ME o�o� � ��oo? no. ox I k� ti °off � Y Y W Y W W\ W W W W W \\) W W W JW W W W Y W W W I W I W W W W W W W W W WI JJII W W W W W W W W / y e "W I1 W Y W W W W W W W �NW W W W W W W W z■F �LI W W W W W W W VI N W 1 iW 40 COVEF P,4RK I NC, SPACES 30 COVETZED fFRK I N G s E 6,316 SF HT. 40' #5074 10 17,421 SF HT. 6,092 SF HT. 30' 32,796 SF HT. 50' 1 W W 1,590 SF HT. 24' 50' 21 UNITS / W � 11,646 SF HT. 50' 12 UNITS � 11,646 SF HT. 50' 12 UNITS i W Wily 11,646 SF HT. 50' 12 UNITS'• 16" OAK 6,950 SF HT. 45' 8 UNITS y 6,950 SF HT. 45' 8 UNITS IWI / 6,950 SF HT. 45' 8 UNITS - - -- -- I 6,950 SF HT. 45' 8 UNITS k» 6,950 SF HT. 45' 8 UNITS 15" PINE 6,950 SF HT. 45' 8 UNITS I EEO Bar B —IIE K S -SeO —SE K a -IIzO K a —EE V. 20 K —SEO F a -EzO Bar B —IIE W. 20 Y —SEO F a --EzO Bar --zs K n -2a so 23 e -z, S 0 Y SO M SO \ SF — 13,294 SF HT. 50' 30 UNITS / #5074 10 17,421 SF HT. 50' 24 UNITS N�-- �N�•• ••�••�••�••�••�••�N�••�- •�••�N� 32,796 SF HT. 50' 60 UNITS PORTERS NECK ROAD POH7EWS NE _ — — — — (s n" _F- NMR 1491 60' R/W) 16,605 SF HT. 50' 21 UNITS #10466 8" OAK PINE a 2: I SITE DATA #5076 TOTAL NEW UNITS: 219 18" PINE #10467 UNITS TO BE REMOVED: 136 PROJECT: PLANTATION VILLAGE INC. TOTAL UNITS: #5107 330 PROJECT ADDRESS: 1200 PORTERS NECK RD. 16" OAK #10468 8" GUM 12" GUM WILMINGTON, NC 28401 I JOp #5108 TOWNSHIP: HARNETT #9602 12" JUNIPER #10469 TOTAL SITE AREA: 55.51 AC t 247 I --- - - - - -� _ 1� RIVER BASIN: CAPE FEAR 4.45 UNITS /AC #9604 18" JUNIPER EXISTING USE: S.U.P. R -20 + NURSING HOME 20" zffi #10166 PROPOSED USE: CONTINUING CARE RETIREMENT COMMUNITY 330 PINE #9606 FLOOD PLAIN ZONE: X 15" PINE #10167 16" PINE FEMA MAP NUMBER: 3720327000K (EFF. 2/16/2007) #5111 14" PINE #9612 CID: 370168 PANEL: 3270 SUFFIX: K 5.95 UNITS /AC 10" PINE #10576 8" OAK 3720317900K (EFF. 8/28/2018) I N O V I N #5112 15" PINE CID: 370168 PANEL: 3179 SUFFIX: K 15" JUNIPER #10474 15" PINE WETLANDS ON SITE: 57,951 SF (1.33 AC) Board of Commissioners - October 5, 2020 ITEM: 15- 9 - 1 / /' / /jam, X Al ExisnNG STORMVVATER — WATEa FEATURE POND i 12 -�I �I I /1_ x I I I I I I I m_q r CO V EKED WALKWRY,S EXISTING j ,STORM WATER T WCE NTERS P / EXISTING CAFETERIA COMMONS INDEPENDENT LIVING FACILITY n a u— ' / ea a, es se— es se —es se O n re —es se- zo I'LL" C 1 re — es — — — — — — — — — — — — — — /W) EAGLE POINT PARTNERS LLC R03700- 003 - 013 -000 ZONING R -20 GOLF COURSE SCALE: 1 " = 100' 0 100 200 300 W /ii EXISTING ,STORM WATER POND T-7 Exirn "c Dlrtr DRIVEWAY n ?g #5128 / #5074 10 CEDAR #9518 20 PINE #10464 12 OAK --- 12" I j #5075 15" PINE #9520 12" GUM #10466 8" OAK PINE a 2: I I / #5076 15" PINE #9521 18" PINE #10467 10" GUM 20" OAK #10569 12" GUM / #5107 16" PINE #9526 16" OAK #10468 8" GUM 12" GUM is I I JOp #5108 14" PINE #9602 12" JUNIPER #10469 10" GUM PINE ��� I --- - - - - -� _ 1� #5109 14" PINE #9604 18" JUNIPER #10470 10" GUM 20" zffi #10166 j h V #5110 14" PINE #9606 18" PINE #10471 15" PINE #10167 16" PINE #10574 1 N O Q I #5111 14" PINE #9612 18" JUNIPER #10473 10" PINE #10576 8" OAK PINE I N O V I N #5112 15" PINE #9619 15" JUNIPER #10474 15" PINE 3 i #5153 �- v Z I p #5114 18" PINE #9651 20" PINE #10475 8" OAK #5159 7" DOGWOOD �__ I I j #5115 16" PINE #9732 10" OAK #10476 8" OAK DOGWOOD #10180 15" PINE = W #5116 14" PINE #9739 14" BIRCH #10484 12" GUM 12" PINE A 20" GUM � I ^ ti #5117 16" PINE #9740 10" OAK #10490 12" GUM 12" OAK #9653 30" I j �� O W� CE #5118 16" PINE #9741 10" OAK #10502 15" OAK / #5164 lei I I I p W L- a #5119 18" PINE #9742 10" MAPLE #10503 12" OAK a OAK #10201 - - - - -F V #5120 18" PINE #9744 18" CYPRESS #10510 10" GUM O 20" PINE #10614 12" OAK #5121 12" PINE #9745 18" CYPRESS #10512 18" GUM Ga s�sgl nn� #5122 18" PINE #9746 14" CHERRY #10513 12" OAK 10" GUM le I / #5169 #5123 20" PINE #9966 15" OAK #10528 12" OAK 1% #5170 >�sg l 1 #5124 16" PINE #9985 15" CYPRESS #10531 15" OAK B PINE NI I #5125 13" PINE #10005 15" PINE #10536 12" GUM #10299 18" PINE i I #5126 16" 15" PINE OAK #10018 20" PINE 8" OAK #10537 8" OAK 8" OAK #10642 8" OAK 4228 #5127 8" MAPLE #10020 20" PINE #10538 12" GUM 1 re — es — — — — — — — — — — — — — — /W) EAGLE POINT PARTNERS LLC R03700- 003 - 013 -000 ZONING R -20 GOLF COURSE SCALE: 1 " = 100' 0 100 200 300 W /ii EXISTING ,STORM WATER POND T-7 Exirn "c Dlrtr DRIVEWAY n PROPOSED #5128 16 PINE #10070 20 MAPLE #10561 12 GUM 24' WOOD FENCE #5129 12" PINE #10080 10" OAK #10562 18" GUM all I #5132 16" PINE #10086 18" OAK #10568 10" GUM nWi 30" PINE #5133 16" PINE #10090 20" OAK #10569 12" GUM 12" MAGNOLIA / #5134 12" PINE #10092 20" OAK #10570 12" GUM is I I #5136 19" PINE #10096 18" PINE #10571 15" GUM 30" PINE #5138 17" PINE #10103 20" OAK #10572 12" MAPLE MAGNOLIA / #5145 20" PINE #10166 16" PINE #10573 20" PINE nil 26" #5146 16" PINE #10167 16" PINE #10574 10" MAPLE 26" / #5147 14" PINE #10168 16" PINE #10576 8" OAK PINE / #5148 14" PINE #10170 16" PINE #10577 20" PINE nWi i #5153 18" PINE #10172 10" PINE #10578 5" HOLLY 24' PINE / #5159 7" DOGWOOD #10173 12" PINE #10591 12" OAK #10655 / #5160 7" DOGWOOD #10180 15" PINE #10592 14" OAK nRi i #5161 18" PINE #10181 12" PINE #10593 20" GUM / #5162 20" PINE #10198 14" PINE #10594 12" OAK #9653 30" #5163 15" OAK #10199 14" PINE #10598 18" OAK n / #5164 12" OAK #10200 10" PINE #10602 12" OAK PINE 1 / #5165 16" OAK #10201 13" PINE #10603 12" OAK #10406 8" MAGNOLIA #5166 12" OAK #10202 20" PINE #10614 12" OAK 24" PINE / #5167 16" OAK #10213 16" PINE #10628 20" PINE 1 / #5168 19" OAK #10214 12" PINE #10636 10" GUM le I / #5169 13" BIRCH #10285 6" DOGWOOD #10638 20" PINE �* 1% #5170 12" CEDAR #10287 14" MAPLE #10639 10" GUM #5171 18" PINE #10289 18" CYPRESS #10640 10" OAK oil COUNTRY CLUB 5172 18" PINE #10299 18" PINE #10641 12" OAK I PORTERS NECK GOLF COURSE #5173 19" PINE #10310 20" PINE #10642 8" OAK 4228 #5175 8" MAPLE #10313 20" PINE #10643 12" GUM DB #5176 18" PINE #10317 12" CEDAR #10644 12" GUM #5177 16" PINE #10324 12" PINE #10652 18" PINE as I #5178 16" PINE #10325 20" PINE #10653 20" PINE #5179 10" GUM #10326 18" PINE #10654 10" PINE #5180 10" GUM #10327 15" PINE #10656 15 PINE #5181 17" PINE #10328 18" PINE #10657 20" PINE Sr ; #5192 12" PINE #10335 10" GUM #10692 18" OAK TWIN I #5193 7" HOLLY #10339 7" HOLLY TWIN #10696 7" HOLLY 110 #5199 14" PINE #10340 18" SYCAMORE #10699 12" MAPLE i #5200 14" PINE #10345 18" PINE #10700 18" MAPLE #5201 11" OAK #10346 15" PINE #10701 10" MAPLE sR� ; #5202 8" OAK #10347 12" PINE #10702 18" GUM I#5203 15" PINE #10348 15" PINE #10703 10" MAPLE j #5204 15" PINE #10349 15" PINE #10704 18' PINE °y I #5205 8" OAK #10350 15" PINE #10705 18" PINE #5206 16" PINE #10351 18" PINE #10706 12" PINE #5207 16" PINE #10352 15" PINE #10707 12" PINE #5209 12" PINE #10393 15" OAK TWIN #10708 20" PINE #5210 15" PINE #10395 10" OAK #10709 8" OAK #5211 14" PINE #10396 20" PINE #10710 20" GUM #5212 16" PINE #10398 10" GUM #10711 12" PINE _ -- #5213 16" PINE #10399 10" HICKORY #10712 12" PINE as - - -___- r #5214 12" PINE #10401 10" GUM #10713 20" PINE #5215 12" PINE #10402 15" PINE #10714 14" MAPLE #5216 14" PINE #10403 15" PINE #10715 14" MAPLE #5220 15" PINE #10404 18" PINE #10716 14" MAPLE �# I TIDEWATER ASSET MANAGEMENT 111 LLC _#5221 15" PINE #10405 20" PINE I R03700- 009 -000 DB 1637, PG 206 ZONING R -20 i SIGNIFICANT TREES: VACANT NOTES: 1. TOTAL SITE IMPERVIOUS SURFACE AREA AT COMPLETION OF ALL PHASES IS 37.84 %. 2. THE OVERALL OPEN SPACE AT COMPLETION OF ALL PHASES IS 62.16 %. #4882 24" PINE #9747 20" MAGNOLIA #10453 12" MAGNOLIA #4883 24' PINE #9928 8" CRAPE MYRTLE #10458 12" MAGNOLIA #5021 14" MAGNOLIA #9963 8" CRAPE MYRTLE #10465 15" MAGNOLIA #5022 11" MAGNOLIA #9999 30" PINE #10472 24" PINE #5023 12" MAGNOLIA #10003 12" MAGNOLIA #10508 8" HOLLY #5025 12" MAGNOLIA #10004 10" MAGNOLIA #10511 8" MAGNOLIA( #5026 8" MAGNOLIA #10019 8" MAGNOLIA #10527 30" PINE #5027 10" MAGNOLIA #10034 24" CYPRESS #10529 12" MAGNOLIA #5155 10" MAGNOLIA #10038 8" CRAPE MYRTLE #10595 10" MAGNOLI/ #9504 26" GUM #10081 8" HOLLY #10600 8" MAGNOLIA, #9519 26" PINE #10102 24" OAK #10601 14" MAGNOLIA #9603 24" PINE #10108 18" MIMOSA #10604 8" HOLLY #9605 24" PINE #10182 24" PINE #10605 24" GUM #9607 24" PINE #10183 24' PINE #10629 12" MAGNOLIA #9608 30" PINE #10184 24" PINE #10655 14" MAGNOLIA #9620 24" PINE #10247 15" MAGNOLIA #9621 12" BRADFORD PEAR #10286 24" PINE #9650 24" PINE #10288 18" BRADFORD PEAR #9653 30" PINE #10316 12" BRADFORD PEAR #9727 18" BRADFORD PEAR #10394 12" MAGNOLIA #9737 34" PINE #10397 24" PINE #9738 28" PINE #10406 8" MAGNOLIA #9743 30" PINE #10415 24" PINE z 00 a U U Wz z�z cc w z0 z � �ga O %� a Z J 0 Q U W F_ h1 �./ cq I 0 W Z N 0 Z ~ Z /w 0 D J 0 Wz� U J Zzr�l Z > h-1 z O Lu Q Z > a, 0 0 CC Q Q W Z Cn Q J W G (L Z z 00 a U U Wz z�z cc w z0 z � �ga O %� Licence #C -3641 19120 DES. JPN CKD. JPN DRWN. EDB DATE 09/15/20 C1 °o N 00 U o0 Z � o C W h1 �./ cq I W N 0 Z ~ N N E Wz� U Zzr�l h-1 z O C�j N � �+ Licence #C -3641 19120 DES. JPN CKD. JPN DRWN. EDB DATE 09/15/20 C1 m -- -- -- - - - - -S 85 °22'00'E 1612.3x' -- -- - - - - -- __ -- -- -- - __ - - -- -- -- - -E� -- -- -- -- -- -- -- -- -- - - - - -- - - - - -- -- -- - - - - -- 1374.90' TG= 24.25 60.05' 17.29 INV= 21.25 PROPOSED WOOD FENCE �i N DAVIS NURSING SI TE CO DUNES C < A -xx -xx -xx -xx -xx -x xx - xx - x r9 xx xx xx xx - 0 HOME /R SSMH #8 21 �u I F Q INV= 22.10 22 Q D s cn z z a ° J Q PLANTATION � 24 PW x O o � Pw Pw v Pw VILLAGE ^ t G �} -- SSMH 7 / - - - - -- 23 {��CT� 15" e s INV= 21.35 HOBBY x W A T x � e� -ess ass irJV1 SHOP N � m Q C �5 ess s e a S 1018 . ° V TO MARKET ST ORTERS NECK RD s M FF= a4 x s 1m��s N 8SS w INU 0.70 24.00 MAINTENANCE z as as as f as 8SS 8Fw / Q' / BLDG. I w as s eF t 10102 as,, 8SS \ 8Fw a x � N - FF= 24.00 I Q O N W /$S 1 1 w 8FW p 101 Q a4 x 1 U O VICINITY MAP FF= 25.50 s e/$ y / S w 7 s x O V z = 20 2 / 8SS I m .. ` by CATCH BASIN M / sd TG= 23.00 I > Q F- I ` 10511 s/ a d ai INV= 20.10 x � Ca W L _ J 0� \ /0s ee� 25 4 V y sd mss SS 15 "59 SD \ I G /R ASS \ , SD 1 `/ �F� 10034 Ara sd \ s9 / x INV= 19.90 W Q O � 18J �SD \ J M 1060 ` ss e 4 ` s s9 TG= 23.90 x W J ` + U 10600 P e 2 15" INV= 20.25 x /INV= . o � q_4 ° I � > Z W r \ 0458 1 3 $ss e4 / PHASE 2 �^ A 5 TG= 23.00 x �- Z Q > 6 5 P 1 / 4 INV= 20. Z Z i N 9 $SS /� (A -5 FF= 25.50 \ X018 I PROPOSED Q N �� WOOD FENCE Z A INV= 23.10 PHASE 2 z 105 5 / 9 FF= 25.50 55 " H 'W^ i z cn 100 PHASE 2 �� 9 x Z Q Q 5 10 s °� FF= 25.50 FP \ s I J = W ro 5 x (f) a a z A X 0 �Y�10 52 7 10465 Fe �� 4 p 25 o N N .50-\ a 19 d� v _ x ESP 3 0 10 5 o I �, j ',•,d/ C o. c� N x V-ti ca Pw 40 CO V E1zED � \ 14 � � � u U n R 10003 ( s SSMH #5 x Z T>/AR � I N G LL S A -6 Q INV= 19.90 1os 4��4 C �� \� PHASE 2 4 x o • ssssFF= 25.50 8 0 . 3 TG= 23.30 10 PHASE 2 e� SS INV= 19.40 x O lb FF= 25.50 S� I w / E X X 040 3 004 S FF= 24.50 x x 1 1 655 4 4 0 4 s9 x / 0S S9 x so COVE ET:) ------- - - - - -- / SL x ° ISP l { 996 efl✓ -u 7 000 �n s �s aSS� 2k I N x r (�� O \ eF p 18" x w EXTEND ass TG= 23.40 x U x SS ND ass/ INV= 19.20 I W \ 8�w U G ? 8F as SSMH #4 I w asses 18.95 x CYJ W 8 °w asses ^� TG= 23.40 U X INV= 19.15 \ \ as t�D � I � � P,/ s �Fw SSMH b-Q eF� �� P� I INV= 20.0 aF� \ FF= 25.00 x L 2p ?7 C O 3 9� 9f / o x U7 0 s '9 PHASE 2 8° 0� D x g 8F 1 0? o FF= 24.50 ,t 80 EXTEND 15" S r \ x �yv e AND PLU P x i (� a 9 a47 2 EX D EWER N "' 9928 R AND \ TG= 23.00 (� V 2? G \ C'` o ® INV= 20.00 W Z 9738 EXT F 3 O P EC N FP 1 2g VICE AND U Z Q7 � �� • PLUG O Pa P s s9 Z V CONNECT TO 9 O EXISTING 6" s 25 OJT WATERLINE N \� C/, FIELD VERIFY 3 s9 �15" D SIZE MH W 59 k N / F- PHASE 2 - SSMH P 24 9 CA H BASIN F- FF= 25.50 9620 - TOP= 19300 TOP GRATE= 23.80 SIGNIFICANT TREES: INV= 20 24' s INV 19.50 N P #4882 24" PINE #9747 20" MAGNOLIA #10453 12" MAGNOLIA ss FP #4883 24' PINE #9928 8" CRAPE MYRTLE #10458 12" MAGNOLIA P� \ #5021 14" MAGNOLIA #9963 8" CRAPE MYRTLE #10465 15" MAGNOLIA 9 1 Pv N Licence #C -3641 #5022 11" MAGNOLIA #9999 30" PINE #10472 24" PINE #5023 12" MAGNOLIA #10003 12" MAGNOLIA #10508 8" HOLLY 19120 #5025 12" MAGNOLIA #10004 10" MAGNOLIA #10511 8" MAGNOLIA r INV= 18.85 #5026 8" MAGNOLIA #10019 8" MAGNOLIA #10527 30" PINE #5027 10" MAGNOLIA #10034 24" CYPRESS #10529 12" MAGNOLIA DES. JPN #5155 10" MAGNOLIA #10038 8" CRAPE MYRTLE #10595 10" MAGNOLIA C J #9504 26" GUM #10081 8" HOLLY #10600 8" MAGNOLIA I B -� #9519 26" PINE #10102 24" OAK #10601 14" MAGNOLIA I n 0 DRW JPN QS RwN. EDB #9603 24" PINE #10108 18" MIMOSA #10604 8" HOLLY FF= 24.00 #9605 24" PINE #10182 24" PINE #10605 24" GUM #9607 24" PINE #10183 24' PINE #10629 12" MAGNOLIA r 7 DATE 08/1720 3 #9608 30" PINE #10184 24" PINE #10655 14" MAGNOLIA #9620 24" PINE #10247 15" MAGNOLIA a � `111111111 //� #9621 12" BRADFORD PEAR #10286 24" PINE �� '� i #9650 24" PINE #10288 18" BRADFORD PEAR w ft. �p�: pFeS• (7 I 9653 30" PINE 10316 12" BRADFORD PEAR � V) #9727 18" BRADFORD PEAR #10394 12" MAGNOLIA #9737 34" PINE #10397 24" PINE 9738 28" PINE #10406 8" MAGNOLIA m �-- Az #9743 30" PINE #10415 24" PINE ACT V ITY ARE - N ���• G NE��• !q- ` h /CLIP TYPICAL TREE SYMBOLS OD PHASE 3 0" F- FF= 25.50 N WATETR E TL/t2 � ° SCALE: 1 " = 40' MATCHLINE SEE SHEET ST -2 ST= 1 0 40 80 120 Board of Commissioners - October 5, 2020 ITEM: 15- 9 - 2 N DAVI N RSING SATE O� Q PLANTATION v VILLAGE TO MARKET ST VICINITY MAP 721 SIGNIFICANT TREES: #4882 24" PINE #9747 20" MAGNOLIA #4883 24' PINE #9928 8" CRAPE MYRTLE #5021 14" MAGNOLIA #9963 8" CRAPE MYRTLE #5022 11" MAGNOLIA #9999 30" PINE #5023 12" MAGNOLIA #10003 12" MAGNOLIA #5025 12" MAGNOLIA #10004 10" MAGNOLIA #5026 8" MAGNOLIA #10019 8" MAGNOLIA #5027 10" MAGNOLIA #10034 24" CYPRESS #5155 10" MAGNOLIA #10038 8" CRAPE MYRTLE #9504 26" GUM #10081 8" HOLLY #9519 26" PINE #10102 24" OAK #9603 24" PINE #10108 18" MIMOSA #9605 24" PINE #10182 24" PINE #9607 24" PINE #10183 24' PINE #9608 30" PINE #10184 24" PINE #9620 24" PINE #10247 15" MAGNOLIA #9621 12" BRADFORD PEAR #10286 24" PINE #9650 24" PINE #10288 18" BRADFORD PEAR #9653 30" PINE #10316 12" BRADFORD PEAR #9727 18" BRADFORD PEAR #10394 12" MAGNOLIA #9737 34" PINE #10397 24" PINE #9738 28" PINE #10406 8" MAGNOLIA #9743 30" PINE #10415 24" PINE TYPICAL TREE SYMBOLS • o SCALE: 111 = 401 1 0 40 80 120 Board of Commissioners - October 5, 2020 ITEM: 15- 9 - 3 z A a #10453 12" MAGNOLIA #10458 12" MAGNOLIA #10465 15" MAGNOLIA #10472 24" PINE #10508 8" HOLLY #10511 8" MAGNOLIA #10527 30" PINE #10529 12" MAGNOLIA #10595 10" MAGNOLIA #10600 8" MAGNOLIA #10601 14" MAGNOLIA #10604 8" HOLLY #10605 24" GUM #10629 12" MAGNOLIA #10655 14" MAGNOLIA G r r r ;I r r 15" FES INV= 16.90 r r 95 r �a F SL SL SL � n Fr.ISTIf °�C� PE'lL)D,lT n �n .Al r0& TG= 22.6+/ - INV= 17.10 36" FES ,--�-INV= 16.50 1 I 1 1 Sv ► I 1 1 I I I I I 1 1 1 I 1 1 I I I I I I I I I I 1 I 1 1 I I I I I I I I I I 1 1 1 I 1 1 I 1 1 I 1 1 I 1 1 I 1 1 I 1 1 I 1 1 I M z 0 J U (n Z Cn Z w 0 ~ 0 W Cn 0 Z LLJ 0 0 D N J 0 m Cn j ^� O bJJ N U � O O bb � O Lu R O a y3000 z [Z00 Llr) w U N J �0�rr Li W a C7N N W O_ o� V w 0 a w W cc F— Z a w a J Z 0 _ M a N � z � 0 U W 0 o V Z Q z r V/ a in a a z j ^� O bJJ N U � O O bb � O Lu R O Licence #C -3641 19120 DES. JPN CKD. JPN DRWN. EDB DATE 08/17/20 %%%0 N C A R� Z •Q Q � �7 CL r%Ar 1 11110, ... ST -2 y3000 [Z00 Llr) w U N 0 W C7N N W O_ Q? w ~ � N r a VD r 00 N Ln 7 wz� M U oz N�� �-i Licence #C -3641 19120 DES. JPN CKD. JPN DRWN. EDB DATE 08/17/20 %%%0 N C A R� Z •Q Q � �7 CL r%Ar 1 11110, ... ST -2