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Z21-16 Application finalKFJ Development Group The Villages at Battleship Pointe Community Meeting The community meeting was held on September 29,2021 at 1001 Military Cutoff Road, Wilmington NC. The public in attendance totaled 24 indviduals A brief video of the development site was shown, by Kirk Pugh, Director of Marketing, along with multiple poster sized exhibits of the current conditions on the site and renderings of the proposed development. The meeting was opened by Mr. James Lea, esq. who reviewed his 40-year history in Wilmington and how the area has grown and matured. He talked about the downtown waterfront and the new development to the north as great examples of the forward thinking of both the city and county leaders. This was then followed by a presentation by Frank Pasquale, Technical Director of KFJ Development Group, who provided a guide as to the riverfront situation on the site and the developments group commitment to cleaning up the shorelines on both the Cape Fear River and the Cape Fear Rivers Northeast Extension. The floor was then opened to questions the majority of which focused on the development and cleanup schedule as well as financing of the project. One person mentioned that this area has been the focus of development plans in the past whereby Mr. Pasquale explained that the areas of concern from those past attempts have been mitigated by the growth in the region and the expansion of potable water and sewer service to the west side of the river as well as the NCDOT’s current plan to remove the traffic light at the base of the Holmes bridge. Several positive comments were made by the public that cleaning up the riverfront is a priority for them and supported the project as the mechanism to provide a clean natural shoreline while bringing the additional housing the Wilmington metroplex so desperately needs. The question of Affordable Housing was raised and the public was made aware that KFJ Development Group has a longer term plan for bring Affordable or Workforce Housing to the west side of the river. A variety of handouts explaining the scope and features of the project were provided for the public as well as a sampling of the conceptual design to date. The meeting lasted approximately 45 minutes. ATACHMENT A Strategies and Mitigation of Flood Waters of the Cape Fear River While there are a multitude of strategies and design, both active and passive, for dealing with potential raising river levels two issues drive the strategy adopted for The Villages at Battleship Pointe. These issues are first the rate of occurrence and second the amount or level of the event. The Villages location at the confluence of both the Cape Fear and Northeast Cape Fear will inevitably experience both minor rising river levels from lunar high tides and minor storm events and while less frequent rising river levels due to major storms that frequent the area. This simple fact causes concern for any development on the riverfront and a design strategy must be adopted to mitigate the effects of any event. The site topography, as a first step, must be considered as part of the overall mitigation design. The current site sits approximately 9’ above sea level, we due to the environmental contamination on the site, are estimating adding another 2’ of fill as part of the Brownfield cleanup process. This will provide a base elevation of approximately 11’ above sea level. The next decision point in any design approach is the type of flood control system best suited to this particular site for this development. The approach we have embraced is considered passive, meaning a natural non mechanical systematic philosophy for dealing with the potential flood waters. This systematic approach must be designed into the project from the initial conceptual thought process to the final utilization, grading and landscaping, of the site. The design we have chosen is considered the oldest, simplest and most reliable design that has been proven over multiple centuries worldwide. The major component of this approach is to provide paths for the flood waters to invade the site and transect the site without creating any damage to the physical site components. We can look to examples of this philosophy within our own county that successfully have been employed to focus any flood waters and allow its unrestricted flow for those waters to transect the property without creating major destruction. The area of Blue Clay Rd and Old Dairy Rd currently has a federally documented spillway or flood channel that has for decades successfully prevented and major flooding in the area. We can also look on a more macro scale at cities such as Phoenix, Los Angeles, and San Diego for examples of a comprehensive successful static flood mitigation designs. These systems require little to no maintenance are not objectionable or unsightly to the community and effectively prevent the occurrence of any major damage to the properties they have been designed to protect. The Villages project has been designed around the central principle that by allowing, then directing any potential flood waters though the site, the amount of damage to the project can be easily controlled. Historically this particular property has not experienced and major flooding over the last 4 to 5 decades according to the patriarch of the family that has owned it during that time. Additionally, we have documented fact that the highest flood level recorded to date by, NOAA is 9.03 feet on 8/4/2020. This level was recorded at a NOAA station located approximately ½ mile down stream on the west shore of the Cape Fear River. This along with the NOAA, Advanced Hydrologic Prediction teams anticipated 3.85 foot increase in Cape Fear River rise in river level by 2050 supports that the effect of flooding either major or minor on this site is minimal at best. The design team however has taken the further step of designing a multifunctional pedestal type support system for the actual pedestrian area of the site that can not only sacrifice up to 10’ of additional elevation available for accommodating any river level rise and minor flood event without impact to the occupied area of the site but in the event of a catastrophic flood event an additional 25 feet of elevation is available to protect the physical site and its occupants. Further, currently Point Harbor Road the major ingress and egress avenue into the site historically experiences water coverage at approximately 6.5 feet of river level rise. The developers have been granted control of a major section of Point Harbor Rd by NCDOT and as part of the encroachment agreement calling for roadway improvements and resign, plan to raise the roadway by an additional 3.5 feet. Proposed Riverfront Urban Mixed Use Zone Terms & Conditions KFJ Development Group LLC- 1100 Point Harbor Road 1. Conditions to approval of the application for the Riverfront Urban Mixed Use zoning district classification: a. The uses and density shall be in accordance with the Master Development Plan and this Terms & Conditions document. Maximum building heights shall be in accordance with the approved Riverfront Urban Mixed Use District (RUMXZ) in place on the date of adoption. Building height is defined as that measured from the base plate of the building to the highest point on the roof, excluding antennas. b. The use and development of the project with all applicable regulations and requirements imposed by the New Hanover County Unified Development Ordinance (UDO), and any other applicable federal, state, or local law; c. Approval of this rezoning does not constitute technical approval of the site plan. Issuance of all required permits must occur prior to construction commencing. 2. Reference to the RUMXZ, including any density/intensity standards, dimensional standards, and development standards: a. Maximum density permitted in the Riverfront Urban Mixed Use (RUMXZ) District is unlimited for residential units in a vertically integrated mixed-use building. b. Proposed maximum density of combined residential and hospitality units(which can be used for hotel/motel rooms or residential units) on this master development plan is 1,183 or 141.8 units per acre. c. Maximum of 56,500 square feet of commercial/nonresidential uses (excluding hotel/motel units) d. The project shall be developed in accordance with County, State, and Federal building, and environmental regulations, including compliance with current open space and storm water runoff requirements. e. Riverfront shoreline is to be of a “living shoreline” design per all applicable USACE and CAMA standards, except where a river ferry or taxi dock is applicable. Approved bulkhead sheeting is permitted in the dock area only. This project shall be developed and engineered in accordance with all County, State, and Federal building, and environmental regulations. f. A Riverwalk length equal to a minimum of ninety percent (90%) the river frontage is required in the RUMXZ district. The project will be developed with a River walk length of a minimum of ninety-two (92%) of the river frontage. g. Sidewalks will be provided along one side of the roads within the development at a width of six feet (6’) except where existing wetlands preclude the six-foot (6’) width therein the widest sidewalk possible up to six feet (6’) will be utilized. h. Open space shall be a minimum of 25% of the site. i. The Riverwalk will be privately maintained but for public use. j. Walking paths that fully envelope the site to provide the ability to take advantage of the restored environment of the site. 3. Conditions related to the approval of the RUMXZ plan, including any conditions related to the form and design of development shown on the Master Development Ordinance: a. Vehicular access from the Riverfront Urban Mixed-Use site will be from existing, street scaped Harbor Point Road; b. Bicycle and Pedestrian access will be from Harbor Point Road; c. Uses to be excluded from consideration in this application are as follows: Dwelling, Dual-Unit attached; Dwelling, Quadraplex; Dwelling, Single Family Detached; Dwelling Two-Family; and Dwelling, Row-Style. d. River access will be available from a dedicated river ferry component via the ferry dock; e. The Riverwalk will be in place prior to the issuance of the first Certificate of Occupancy for the second building constructed. f. To the extent necessary to satisfy County and State standards additional vegetation and fencing will be added in the buffer area of State Route 421. 4. Provisions addressing how transportation, portable water, wastewater, stormwater management and other infrastructure will be provided to accommodate the proposed development: a. Transportation will be provided by access to a public right of way. b. Potable water will be provided by Cape Fear Public Utility Authority (CFPUA) c. Wastewater will be provided by CFPUA. d. Stormwater will be managed on site in accordance with NCDEQ and CAMA restrictions and regulations, will comply with all County, State regulations and any permit issued for the site. The engineers who will design and implement the stormwater plan have not been selected to date. e. Infrastructure will be designed in accordance with the North Carolina building and energy codes, all other applicable government regulations, laws, and ordinances will be developed to be consistent with the approved RUMXZ. 5. Provisions related to environmental protection and monitoring: a. Any 404 wetlands and Costal Marsh determined to exist on the site will be handled in accordance with all CAMA and USACE requirements. The developer will comply with all applicable regulations, laws, and ordinances from local, state, and federal sources with jurisdiction over the site. b. Flood related design and mitigation is outlined in the attached design standard. 6. Any other provisions relevant and necessary to the development of the Riverfront Urban Mixed-Use Zone in accordance with the applicable standards and regulations: a. All uses outlined for the RUMXZ district will be allowed, except as outlined in Note #2 above. 7. Identify the proposed community benefits. They may include but are not limited to, improved design, natural preservation, rebuilding and recharging of the riverfront ecology, improved public access, improved transportation access, mixed-used development, green building practices, and improved riverfront access. The community will benefit from the development contemplated herein for the following reasons identified in the New Hanover County Unified Development Ordinance. a. Improved design: The use of architectural design that exceeds any minimum standards established in the UDO or any other County regulation, or the use of building design that projects a sleek contemporary exterior mainly consisting of solar filtering glass, a dedication encouraging pedestrian access from both the riverfront and non-vehicular internal access, the design philosophy of a raised first floor occupiable elevation to counter potential flooding issues, and the developers dedication to the environmental and ecological restoration of the riverfront. The location of the high-density multifamily uses in the center of the site to promote easier resident friendly access to lifestyle amenities without additional vehicle trips. b. Natural Preservation: The preservation of sensitive lands such as natural habitats, natural features, or landscaping that exceed the requirements of this UDO, located throughout the site. The cleanup of the riverfront along with the recharging of the riverfront through a natural living shoreline philosophy. The general site cleanup which includes a “Brownfield” regulated raw site remediation will combine to create a site which will exceed the “as is” condition existing and serve as a model of the County’s commitment to the smart well thought out rebirth of the west bank of The Cape Fear River. c. Improved access for vehicles and county residents: The combination of the River Ferry, which provide additional connectivity to and from the development will allow for the public to benefit from this development without additional vehicular trips. d. Mixed Use Development: The proposed development will have a mixture of residential and commercial uses within the property boundaries, integrated through primarily pedestrian paths to promote interconnectivity. Integration is primarily vertical, but there is a substantial horizontal mixed-use structure included in the proposed development plan. e. Additional to the health and economy of the citizens and visitors of the county. The proposed development would be an example of successful High Density intelligent and environmentally sensitive mixed-use philosophy by repurposing a current inactive polluted industrial site into an example of the growth and maturity of the New Hanover County market. This project is designed to add substantially to the commercial and residential floorspace in the county while providing for the environmental remediation of the area’s most valuable resource, The Cape Fear River. Additionally, this project expands greatly services and amenities to a current barren section of the county while seamlessly integrating into the Future Master Plan of the County. While specific tenants have not been determined, it is the developers desire to include multiple and varied dining establishments, a premiere full-service hotel, grocery store, multiple car-charging stations, lifestyle amenities and a vibrant active riverfront with open spaces and a marine amenity where today there is none.