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Agenda 06-03-2024NEW 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 Bill Rivenbark, Chair I LeAnn Pierce, Vice -Chair Jonathan Barfield, Jr., Commissioner I Dane Scalise, Commissioner I Rob Zapple, Commissioner JUNE 3, 2024 4:00 PM LOCATION (NHC Historic Courthouse, 24 North 3rd Street, Room 301) MEETI NG CALLED TO ORDER (Chair Bill Rivenbark) I NVOCATI ON (Pastor D. Evan Grizzle, Apostolic Tabernacle of Wilmington) PLEDGE OF ALLEGIANCE (Chair Bill Rivenbark) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Approval of New Hanover County Monthly Collection Report for March 2024 3. Approval of New Hanover County Monthly Collection Report for April 2024 4. Approval of Lowest Bid Contract Award to ES&J Enterprises, I nc. 5. Adoption of Year-end Budget Amendment to Account for Anticipated Overage in Public Safety Function 6. Adoption of Resolution Authorizing the Negotiation of an Installment Financing Contract Not to Exceed $37.5 Million, Directing the Publication of Notice with Respect Thereto, Declaring the I ntent of the County to Reimburse Itself for Capital Expenditures From Proceeds Thereof, and Providing for Certain Other Related Matters 7. Adoption of Resolution Authorizing the Execution and Delivery of an Installment Financing Contract with TD Equipment Finance, I nc. to Finance the Acquisition of Various Vehicles and Equipment 8. Adoption of State Road Resolution 9. First Reading: Approval of Solid Waste Franchise for Ideal Trash and Recycling LLC ESTI MATED MINUTES REGULAR AGENDA ITEMS OF BUSINESS 5 10. Consideration of New Hanover County Pride Month Proclamation 45 11. Public Hearing Rezoning Request (Z24-03) — Request by Cindee Wolf with Design Solutions, applicant, on behalf of Littlebird Properties, LLC, to rezone approximately 4.93 Board of Commissioners - June 3, 2024 acres at 3121 Castle Hayne Road from B-1, Neighborhood Business, and R-20, Residential to (CZ D) B-2, Regional Business for two commercial structures totaling a maximum of 19,150 square feet for Contractor O ffice and other limited uses 45 12. Public Hearing Rezoning Request (Z24-07) - Request by Sam Franck with Ward and Smith, P.A., applicant, on behalf of YMCA of Eastern North Carolina, I NC, contract purchaser and Corbett Package Company, property owner, to rezone approximately 53 acres of an approximately 242-acre parcel zoned R-15, Residential located on the 6600 block of the north side of Sidbury Road to a general use CB, Community Business district. 45 13. Quasi Judicial Hearing - NOTE: The applicant has withdrawn Special Use Permit Request (524-01) on May 30, 2024. Special Use Permit Request (S24-01) - Tarin Woods - Shiloh Drive Additional Dwelling Allowance - Request by Samuel Potter with Equitas Law Partners, LLC, applicant, on behalf of Hoosier Daddy, LLC, property owner, for an Additional Dwelling Allowance to increase the allowed density up to 10.2 dwelling units per acre for 24 parcels totaling approximately 16.78 acres of land currently zoned R-15, Residential located at 535, 539, 543, and 547 Manassas Drive and unaddressed parcels on the 5900 block of Shiloh Drive. 45 14. Public Hearing Comprehensive Plan Update - Request by New Hanover County Planning & Land Use to amend the New Hanover County Comprehensive Plan to incorporate revisions to bicycle and pedestrian infrastructure policies. PUBLIC COMMENTS ON NON -AGENDA ITEMS (limit three minutes) ESTIMATED MINUTES ADDITIONAL AGENDA ITEMS OF BUSINESS 15. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 16. 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 providing equitable opportunities and exceptional public services through good governance to ensure a safe, healthy, secure and thriving community for all. Vision A vibrant, prosperous, diverse coastal community committed to building a sustainable future for future generations. Board of Commissioners - June 3, 2024 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 6/3/2024 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 meetings: Budget Work Session held on May 13, 2024 Agenda Review held on May 16, 2024 Regular Meeting held on May 20, 2024 STRATEGIC PLAN ALIGNMENT: Good Governance o Effective County Management ■ I ncrease transparency and awareness about county actions RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approve minutes. COMMISSIONERS' ACTIONS: Approved (5-0) Board of Commissioners - June 3, 2024 ITEM: 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 6/3/2024 Consent DEPARTMENT: Tax PRESENTER(S): Allison Snell, Tax Administrator CONTACT(S): Trina Baxley, Collections Supervisor SUBJECT: Approval of New Hanover County Monthly Collection Report for March 2024 BRIEF SUMMARY: N CGS 105-350 requires the Tax Collector to submit a report showing the amount of taxes collected. The report for March 2024 in comparison to March 2023 is as follows: New Hanover County March 2024 March 2023 Real Property 99.18% 99.15% Personal Property 97.19% 96.85% Motor Vehicle 100.00% 100.00% Overall Collection Rate 99.08% 99.04% Total Collected YTD $211,512,689.02 $204,266,231.50 New Hanover County Debt Service March 2024 March 2023 Real Property 99.18% 99.14% Personal Property 97.08% 96.61% Motor Vehicle 100.00% 100.00% Overall Collection Rate 99.08% 94.04% Total Collected YTD $11,987,121.34 $15,602,110.33 Grand Total Collected YTD $223,499,810.36 $219,868,341.83 New Hanover County Fire District March 2024 March 2023 Real Property 99.13% 99.06% Personal Property 97.36% 97.25% Motor Vehicle 100.00% 100.00% Overall Collection Rate 99.04% 98.98% Total Collected YTD $13,828,741.00 $13,458,910.84 STRATEGIC PLAN ALIGNMENT: Board of Commissioners - June 3, 2024 ITEM: 2 e Good Governance o Strong Financial Performance ■ Proactively manage the county budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the reports. ATTACHMENTS: New Hanowr County Monthly Collections Report for March 2024 New Hanoeer County Debt Ser\Ace Monthly Collection Report for March 2024 New Hanoeer County Fire District Monthly Collection Report for March 2024 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approve reports. COMMISSIONERS' ACTIONS: Approved (5-0) Board of Commissioners - June 3, 2024 ITEM: 2 New Hanover County Monthly Collection Report for March 2024 Current Year 2023-2024 Real Estate Personal Property Motor Vehicles Combined Scroll/Billed $ 188,296,360.77 $ 14,956,600.40 $ 10,214,489.03 $ 213,467,450.20 Abatements $ (167,013.36) $ (225,616.36) $ $ (392,629.72) Adjustments $ 58,862.33 $ 30,439.69 $ $ 89,302.02 Total Taxes Charged $ 188,188,209.74 $ 14,761,423.73 $ 10,214,489.03 $ 213,164,122.50 Collections to Date $ 187,542,346.37 $ 14,413,857.90 $ 10,214,489.03 $ 212,170,693.30 *Refunds $ 892,648.69 $ 69,067.26 $ $ 961,715.95 Write-off $ 25.75 $ 1,398.22 $ $ 1,423.97 Outstanding Balance $ 1,538,486.31 $ 415,234.87 $ $ 1,953,721.18 Collection Percentage 99.18 97.19 100.00 99.08 YTD Interest Collected $ 197,389.74 $ 16,330.84 $ 89,991.09 $ 303,711.67 Total 2023-2024 Collections YTD $ 211,512,689.02 Prior Years 2013-2022 Real Estate Personal Property Motor Vehicles Combined Scroll $ 1,518,383.70 $ 4,309,089.93 $ 116,471.59 $ 5,943,945.22 Abatements $ (18,455.85) $ (347,242.40) $ - $ (365,698.25) Adjustments $ 39,091.88 $ - $ - $ 39,091.88 Total Levy $ 1,539,019.73 $ 3,961,847.53 $ 116,471.59 $ 5,617,338.85 Collections to Date $ 521,146.14 $ 97,407.14 $ 196.62 $ 618,749.90 *Refunds $ 96,760.06 $ 287,369.33 $ 96.28 $ 384,225.67 Write-off $ 25,073.35 $ 405,154.80 $ 111,435.44 $ 541,663.59 Outstanding Balance $ 1,089,560.30 $ 3,746,654.92 $ 4,935.81 $ 5,924,478.21 YTD Interest Collected $ 90,094.90 $ 33,598.46 $ 157.97 $ 123,851.33 Total Prior Year Collections YTD 358,375.56 Grand Total All Collections YTD $ 211,871,064.58 *Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - June 3, 2024 ITEM: 2 - 1 - 1 New Hanover County Debt Service Monthly Collection Report for March 2024 Current Year 2023-2024 Real Estate Personal Property Motor Vehicles Combined Scroll/Billed $ 10,609,553.39 $ 852,583.87 $ 634,446.88 $ 12,096,584.14 Abatements $ (9,409.15) $ (12,713.13) $ - $ (22,122.28) Adjustments $ 3,316.20 $ 1,714.86 $ - $ 5,031.06 Total Taxes Charged $ 10,603,460.44 $ 841,585.60 $ 634,446.88 $ 12,079,492.92 Collections to Date $ 10,517,077.08 $ 817,179.54 $ 634,446.88 $ 11,968,703.50 *Refunds $ 395.59 $ 220.77 $ 616.36 Write-off $ 12.97 $ 93.42 $ 106.39 Outstanding Balance $ 86,765.98 $ 24,533.41 $ - $ 111,299.39 Collection Percentage 99.18 97.08 100.00 99.08 YTD Interest Collected $ 11,593.50 $ 974.13 $ 6,466.57 $ 19,034.20 Total 2023-2024 Collections YTD $ 11,987,121.34 Prior Years 2013-2022 Real Estate Personal Property Motor Vehicles Combined $ 143,039.18 $ 351,588.21 $ - $ 494,627.39 Scroll Abatements $ (1,366.00) $ (44,551.35) $ (45,917.35) Adjustments $ 4,055.01 $ - $ 4,055.01 Total Levy $ 145,728.19 $ 307,036.86 $ - $ 452,765.05 Collections to Date $ 45,925.78 $ 463.58 $ - $ 46,389.36 *Refunds $ 4,430.85 $ 29,332.11 $ - $ 33,762.96 Write-off $ 2.68 1 $ 11.75 $ - $ 14.43 Outstanding Balance $ 104,230.58 $ 335,893.64 $ - $ 440,153.08 YTD Interest Collected $ 8,574.53 $ 3,183.89 $ - $ 11,758.42 Total Prior Year Collections YTD 24,384.82 Grand Total All Collections YTD $ 12,011,506.16 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - June 3, 2024 ITEM: 2 - 2 - 1 New Hanover County Fire District Monthly Collection Report for March 2024 Current Year 2023-2024 Real Estate Personal Property Motor Vehicles Combined Scroll/Billed $ 12,024,500.73 $ 1,096,371.72 $ 837,201.84 $ 13,958,074.29 Abatements $ (4,108.32) $ (15,617.48) $ (19,725.80) Adjustments $ 1,023.13 $ 1,658.72 $ 2,681.85 Total Taxes Charged $ 12,021,415.54 $ 1,082,412.96 $ 837,201.84 $ 13,941,030.34 Collections to Date $ 11,916,820.94 $ 1,053,905.53 $ 837,201.84 $ 13,807,928.31 *Refunds $ 66.22 $ 251.84 $ 318.06 Write-off $ 25.06 $ 171.41 $ 196.47 Outstanding Balance $ 104,635.76 $ 28,587.86 $ - $ 133,223.62 Collection Percentage 99.13 97.36 100.00 99.04 YTD Interest Collected $ 12,864.72 $ 1,161.08 $ 7,104.95 $ 21,130.75 Total 2023-2024 Collections YTD $ 13,828,741.00 Prior Years 2013-2022 Real Estate Personal Property Motor Vehicles Combined Scroll $ 120,022.91 $ 231,475.46 $ 7,288.27 $ 358,786.64 Abatements $ (166.36) $ (50,868.46) $ - $ (51,034.82) Adjustments $ 767.20 $ - $ 767.20 Total Levy $ 120,623.75 $ 180,607.00 $ 7,288.27 $ 308,519.02 Collections to Date $ 42,215.50 $ (506.29) $ 0.67 $ 41,709.88 *Refunds $ 529.61 $ 41,393.89 $ - $ 41,923.50 Write-off $ 1,492.50 $ 22,608.86 $ 6,970.86 $ 31,072.22 Outstanding Balance $ 77,445.36 $ 199,898.32 $ 316.74 $ 339,804.86 YTD Interest Collected $ 6,927.25 $ 2,060.44 $ 0.12 $ 8,987.81 Total Prior Year Collections YTD 50,697.69 Grand Total All Collections YTD $ 13,879,438.69 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - June 3, 2024 ITEM: 2 - 3 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 6/3/2024 Consent DEPARTMENT: Tax PRESENTER(S): Allison Snell, Tax Administrator CONTACT(S): Trina Baxley, Collections Supervisor SUBJECT: Approval of New Hanover County Monthly Collection Report for April 2024 BRIEF SUMMARY: N CGS 105-350 requires the Tax Collector to submit a report showing the amount of taxes collected. The report for April 2024 in comparison to April 2023 is as follows: New Hanover County April 2024 April 2023 Real Property 99.48% 99.40% Personal Property 97.64% 97.53% Motor Vehicle 100.00% 100.00% Overall Collection Rate 99.38% 99.30% Total Collected YTD $213,343,867.17 $205,838,965.36 New Hanover County Debt Service April 2024 April 2023 Real Property 99.47% 99.38% Personal Property 97.57% 94.45% Motor Vehicle 100.00% 100.00% Overall Collection Rate 99.37% 99.28% Total Collected YTD $12,090,992.88 $15,724,120.08 Grand Total Collected YTD $225,434,860.05 $221,563,085.44 New Hanover County Fire District April 2024 April 2023 Real Property 99.46% 99.30% Personal Property 97.77% 97.87% Motor Vehicle 100.00% 100.00% Overall Collection Rate 99.36% 99.24% Total Collected YTD $13,970,832.48 $13,578,566.71 STRATEGIC PLAN ALIGNMENT: Board of Commissioners - June 3, 2024 ITEM: 3 • Good Governance o Strong Financial Performance ■ Proactively manage the county budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the reports. ATTACHMENTS: New Hano\,er County Monthly Collection Report for April 2024 New Hano\,er County Debt Senrice Monthly Collection Report for April 2024 New Hano\,er County Fire District Monthly Collection Report for April 2024 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approve reports. COMMISSIONERS' ACTIONS: Approved (5-0) Board of Commissioners - June 3, 2024 ITEM: 3 New Hanover County Monthly Collection Report for April 2024 Current Year 2023-2024 Real Estate Personal Property Motor Vehicles Combined Scroll/Billed $ 188,296,360.77 $ 14,956,600.40 $ 11,392,536.15 $ 214,645,497.32 Abatements $ (169,337.83) $ (232,057.08) $ $ (401,394.91) Adjustments $ 59,955.44 $ 30,379.69 $ $ 90,335.13 Total Taxes Charged $ 188,186,978.38 $ 14,754,923.01 $ 11,392,536.15 $ 214,334,437.54 Collections to Date $ 188,125,405.19 $ 14,474,102.74 $ 11,392,536.15 $ 213,992,044.08 *Refunds $ 919,930.94 $ 69,407.98 $ $ 989,338.92 Write-off $ 22.14 $ 1,408.17 $ $ 1,430.31 Outstanding Balance $ 981,481.99 $ 348,820.08 $ $ 1,330,302.07 Collection Percentage 99.48 97.64 100.00 99.38 YTD Interest Collected $ 219,838.32 $ 18,916.00 $ 102,407.69 $ 341,162.01 Total 2023-2024 Collections YTD $ 213,343,867.17 Prior Years 2013-2022 Real Estate Personal Property Motor Vehicles Combined Scroll $ 1,518,383.70 $ 4,309,089.93 $ 116,471.59 $ 5,943,945.22 Abatements $ (18,455.85) $ (348,970.62) $ - $ (367,426.47) Adjustments $ 39,091.88 $ - $ - $ 39,091.88 Total Levy $ 1,539,019.73 $ 3,960,119.31 $ 116,471.59 $ 5,615,610.63 Collections to Date $ 567,945.32 $ 110,972.36 $ 196.62 $ 679,114.30 *Refunds $ 96,760.06 $ 288,455.20 $ 96.28 $ 385,311.54 Write-off $ 25,073.35 $ 405,154.78 $ 111,435.44 $ 541,663.57 Outstanding Balance $ 1,042,761.12 $ 3,732,447.37 $ 4,935.81 $ 5,863,471.44 YTD Interest Collected $ 102,347.87 $ 39,491.67 $ 157.97 $ 141,997.51 Total Prior Year Collections YTD 435,800.27 Grand Total All Collections YTD $ 213,779,667.44 *Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - June 3, 2024 ITEM: 3 - 1 - 1 New Hanover County Debt Service Monthly Collection Report for April 2024 Current Year 2023-2024 Real Estate Personal Property Motor Vehicles Combined Scroll/Billed $ 10,609,553.39 $ 852,583.87 $ 701,385.66 $ 12,163,522.92 Abatements $ (9,540.11) $ (13,076.00) $ - $ (22,616.11) Adjustments $ 3,377.79 $ 1,714.86 $ - $ 5,092.65 Total Taxes Charged $ 10,603,391.07 $ 841,222.73 $ 701,385.66 $ 12,145,999.46 Collections to Date $ 10,548,103.52 $ 820,905.27 $ 701,385.66 $ 12,070,394.45 *Refunds $ 408.74 $ 220.77 $ 629.51 Write-off $ 13.12 $ 94.00 $ 107.12 Outstanding Balance $ 55,683.17 $ 20,444.23 $ - $ 76,127.40 Collection Percentage 99.47 97.57 100.00 99.37 YTD Interest Collected $ 12,855.20 $ 1,124.29 $ 7,248.45 $ 21,227.94 Total 2023-2024 Collections YTD $ 12,090,992.88 Prior Years 2013-2022 Real Estate Personal Property Motor Vehicles Combined $ 143,039.18 $ 351,588.21 $ - $ 494,627.39 Scroll Abatements $ (1,366.00) $ (44,728.33) $ (46,094.33) Adjustments $ 4,055.01 $ - $ 4,055.01 Total Levy $ 145,728.19 $ 306,859.88 $ - $ 452,588.07 Collections to Date $ 50,163.61 $ 1,799.88 $ - $ 51,963.49 *Refunds $ 4,430.85 $ 29,333.52 $ - $ 33,764.37 Write-off $ 2.68 1 $ 11.75 $ - $ 14.43 Outstanding Balance $ 99,992.75 $ 334,381.77 $ - $ 434,403.38 YTD Interest Collected $ 9,695.23 $ 3,832.67 $ - $ 13,527.90 Total Prior Year Collections YTD 31,727.02 Grand Total All Collections YTD $ 12,122,719.90 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - June 3, 2024 ITEM: 3 - 2 - 1 New Hanover County Fire District Monthly Collection Report for April 2024 Current Year 2023-2024 Real Estate Personal Property Motor Vehicles Combined Scroll/Billed $ 12,024,500.73 $ 1,096,371.72 $ 933,467.59 $ 14,054,340.04 Abatements $ (4,392.52) $ (16,267.94) $ (20,660.46) Adjustments $ 1,209.17 $ 1,658.72 $ 2,867.89 Total Taxes Charged $ 12,021,317.38 $ 1,081,762.50 $ 933,467.59 $ 14,036,547.47 Collections to Date $ 11,956,163.41 $ 1,057,708.22 $ 933,467.59 $ 13,947,339.22 *Refunds $ 105.95 $ 251.84 $ 357.79 Write-off $ 25.33 $ 172.15 $ 197.48 Outstanding Balance $ 65,234.59 $ 24,133.97 $ - $ 89,368.56 Collection Percentage 99.46 97.77 100.00 99.36 YTD Interest Collected $ 14,414.99 $ 1,305.56 $ 8,130.50 $ 23,851.05 Total 2023-2024 Collections YTD $ 13,970,832.48 Prior Years 2013-2022 Real Estate Personal Property Motor Vehicles Combined $ 120,022.91 $ 231,475.46 $ 7,288.27 $ 358,786.64 Scroll Abatements $ (166.36) $ (51,132.78) $ - $ (51,299.14) Adjustments $ 767.20 $ - $ 767.20 Total Levy $ 120,623.75 $ 180,342.68 $ 7,288.27 $ 308,254.70 Collections to Date $ 46,557.65 $ 12.82 $ 0.67 $ 46,571.14 *Refunds $ 529.61 $ 41,393.89 $ - $ 41,923.50 Write-off $ 1,492.50 $ 22,608.86 $ 6,970.86 $ 31,072.22 Outstanding Balance $ 73,103.21 $ 199,114.89 $ 316.74 $ 334,679.28 YTD Interest Collected $ 7,852.69 $ 2,266.60 $ 0.12 $ 10,119.41 Total Prior Year Collections YTD 56,690.55 Grand Total All Collections YTD $ 14,027,523.03 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - June 3, 2024 ITEM: 3 - 3 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 6/3/2024 Consent DEPARTMENT: Environmental PRESENTER(S): Joe Suleyman, N HC Recycling & Solid Waste Director Management CONTACT(S): Joe Suleyman SU BJ ECT: Approval of Lowest Bid Contract Award to ES&J Enterprises, Inc. BRIEF SUMMARY: On April 12, 2024, the Department of Recycling and Solid Waste received (2) bids for a partial closure project. Both bids were returned unopened as a minimum of (3) bids is required. On May 3, the department received three bids for the partial closure project. After review by staff and SCS Engineers, PC, it was determined that ES&J was the lowest qualified bidder for the base bid and Alternates A-H. The total project bid price is $3,971,690.00. STRATEGIC PLAN ALIGNMENT: • Sustainable Land Use & Environmental Stewardship o Through planned growth and development, residents have access to their basic need ■ Connect residents to basic needs through a variety of housing and transportation options. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Department of Recycling and Solid Waste recommends that the contract be awarded to ES&J Enterprises, Inc. in the amount of $3,971,690.00. Sufficient funds are available in the department's Enterprise Fund. ATTACHMENTS: SCS bid evaluation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approve award. COMMISSIONERS' ACTIONS: Approved award (5-0) Board of Commissioners - June 3, 2024 ITEM: 4 Environmental Consulting & Contracting May 8, 2024 File No. 02206379.44 Mr. Joe Suleyman 3002 US Highway 421 North Wilmington, NC 28401 Subject: Construction Bid Evaluation South Property Partial Closure Phase 2 New Hanover County, NC Bid No. 24-0379 Dear Mr. Suleyman: On April 121h 2024, New Hanover County received two (2) construction bids for the South Property Partial Closure Phase 2 project. Not receiving the minimum three (3) bids, the unopened bids were returned to the respective contractors that submitted a bid. The project was re -advertised for receipt of construction bids until May 3rd 2024, at which time three (3) bids were received. Construction bids were received from ES&J Enterprises, Inc. (ES&J), Morgan Corp. (Morgan), and Blue Flame Crew, LLC (Blue Flame). SCS Engineers, PC, (SCS) reviewed the three received construction bids for accuracy, the required financial guarantee, contents meet the requirements of bid documents, and that the bidder demonstrated experience necessary to perform the scope of work. A summary and results from our review as well as a recommendation on awarding a contract to the lowest qualified bidder is presented below. Background Section 00100 INSTRUCTIONS TO BIDDERS ARTICLE 3 of the bid documents defines the qualifications of bidders as: 3.1 Bidders must be licensed contractors in the State of North Carolina at the time proposals are submitted. 3.2 Bidders shall have successfully completed a minimum of 10.0 acres of Subtitle C or D landfill cell construction or landfill closure projects, including the installation of liner within the last 5 years from the date of this bid advertisement. Bidders are to provide a list of references that will be contacted concerning the noted experience, quality of WORK, timeliness of completion of project(s), and efficiency of administrative processes. 3.3 To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit, following receipt of written request by COUNTY, information including, but not limited to, financial data, previous experience, including additional references and evidence of authority to conduct business in the jurisdiction where the Project is located. This information must be received by COUNTY within ten days of Bidder receiving the written request. Submittals requested pursuant to this paragraph are in addition to those required elsewhere. Additionally, note that all bidders Board of Commissioners - June 3, 2024 ITEM: 4 - 1 - 1 Mr. Joe Suleyman May 8, 2024 Page 2 must be prequalified through the New Hanover County Attorney's Office. See the Request for Bids for instructions on making the necessary contact for this item. 3.4 The Bidder must include in the bid submittal documentation from the major material suppliers (liners, geocomposites, textiles, pipe, structures, etc) that the prime or sub -contractor responsible for paying the supplier for the material is not in arrears on payments for purchases of materials on other projects. Submitted Bids Evaluation SCS first evaluated the three bids to confirm the bidder submitted all the required information per the bid documents. SCS found that the required materials were included in all three bids. The three bids included basic financial details, subcontractor information, and current payment status, enough to validate that all three contractors are capable to bid on the project and in good standing. The only exception found was that Blue Flame did not affix a seal (corporate or otherwise) to the signed bid form or qualifications questionnaire. Morgan and ES&J demonstrated that they meet the required qualifications for the project; however, Blue Flame does not appear to meet the requirements for minimum 10 acres of landfill cell expansion or closure construction experience per Section 00100, Paragraph 3.2 of the bidding documents. Since they are not the apparent low bid, SCS does not recommend a need to follow up with Blue Flame at this time. Each bid was reviewed for mathematical errors and other discrepancies. No errors were found in ES&J or Morgan's bid, however several mathematical errors were found in Blue Flame's bid. These mathematical errors were located in Line Items 18, 21, 22, 29, 32, 33, 38, 39, 40, and 77. All errors appeared in Unit Price items where the quantity multiplied by the proposed Unit Cost did not match the line item total that Blue Flame presented. Attachment 1 includes a full bid tabulation of all three bids and shows the Blue Flame Crew erroneous line items, with a corrected amount next to each. Correcting these mathematical errors changes Blue Flame's total base bid from $3,657,872.21 to $3,657,387.98. The base bid amounts from low to high with the Blue Flame corrections: 1) ES&J: $3,469,490.00 2) Blue Flame: $3,657,387.98 3) Morgan: $4,779,062.00 ES&J is the apparent low bidder with a Base Bid Amount of $3,469,490.00. The amount with Bid Alternates/Additional Items included is $3,971,690.00. Board of Commissioners - June 3, 2024 ITEM: 4 - 1 - 2 Mr. Joe Suleyman May 8, 2024 Page 3 A summary of the received bids is provided in the following table. NEW HANOVER COUNTY LANDFILL SOUTH PROPERTY PARTIAL CLOSURE PHASE 2 RFB #24-0379 BID SUMMARY Includes necessary Meets documents (Bid Bond, Total w/ Bid Alternates Company Name Submitted Base Bid Corrected Base Bid Attended NCContractor Qualifications? financial info, (ItemsA-H) Pre -Bid? License # subcontractors, etc.) Blue Flame YES 82279 NO YES $3,657,872.21 $3,657,387.98 $5,199,732.38 ESW YES 28994 YES YES $3,469,490.00 $3,971,690.00 Morgan YES 12289 YES YES $4,779,062.00 - $5,434,762.00 Recommendation Based on our evaluation of the received bids, ES&J appears to be the lowest responsive and qualified bidder with a Base Bid Amount of $3,469,490.00. With ES&J's qualifications, past project experience, and references, SCS does not find any reason to disqualify or reject the bid and therefore recommends that New Hanover County award a contract for the South Property Partial Closure Phase 2 Project to ES&J. If the County elects to proceed with Bid Alternates/Additional Items (Bid Form A through H), ES&J is also the low bidder with a Total Amount of $3,971,690.00. Please feel free to contact us if there are any questions or additional information required. Sincerely, Matt Brokaw, P.E. Project Manager SCS Engineers, PC cc: Sam Hawes, New Hanover County Anne McAllister, New Hanover County Albert Glenn, P.E. Project Director SCS Engineers, PC Encl. Attachment 1: Bid Comparison - South Property Partial Closure Phase 2 Board of Commissioners - June 3, 2024 ITEM: 4 - 1 - 3 ATTACHMENT 1 Bid Comparison: South Property Partial Closure Phase 2 Board of Commissioners - June 3, 2024 ITEM: 4 - 1 - 4 Bid Comparison: South Property Partial Closure Phase 2 Estimated Units A. General Quantity- Unit Price Total Corrected Total Unit Price Total Unit Price Total 1 Mobilization 1 LS $63,400.00 $63,400.00 $96,400.00 $96,400.00 $153,400.00 $153,400.00 2 Demobilization 1 LS $10,000.00 $10,000.00 $10,000.00 $10,000.00 $30,000.00 $30,000.00 3 Contractor's Field Office 1 LS $26,500.00 $26,500.00 $40,000.00 $40,000.00 $7,050.00 $7,050.00 4 Engineer's Field Office 1 LS $26,500.00 $26,500.00 $40,000.00 $40,000.00 $7,650.00 $7,650.00 5 Insurance 1 LS $1,000.00 $1,000.00 $10.00 $10.00 $0.00 $0.00 6 113onds 1 LS $74,750.00 $74,750.00 $65,000.00 $65,000.00 $72,000.00 $72,000.00 7 Administration 1 LS $1,000.00 $1,000.00 $10.00 $10.00 $8,000.00 $8,000.00 8 Indemnification & Trench Safety 1 LS $10.00 $10.00 $10.00 $10.00 $10.00 $10.00 9 Aerial Photos 1 LS $13,925.00 $13,925.00 $12,500.00 $12,500.00 $0.00 $0.00 10 Miscellaneous 1 LS $10,000.00 $10,000.00 $70,000.00 $70,000.00 $5,000.00 $5,000.00 B. Survey and Depth Checks Subtotal A= $227,085.06 Subtotal A= $333,930. Subtotal A= $283,110.00 11 Existing Conditions Survey 1 LS $32,325.00 $32,325.00 $20,000.00 $20,000.00 $12,600.00 $12,600.00 12 Top of Intermediate Cover Survey 1 LS $32,325.00 $32,325.00 $20,000.00 $20,000.00 $12,600.00 $12,600.00 13 Liner Survey 1 LS $32,325.00 $32,325.00 $20,000.00 $20,000.00 $12,600.00 $12,600.00 14 Cover Depth Checks 1 LS $52,000.00 $52,000.00 $38,000.00 $38,000.00 $25,100.00 $25,100.00 15 Final/As-Built Survey 1 LS $32,325.00 $32,325.00 $177,000.00 $177,000.00 $25,100.00 $25,100.00 C. Earthwork and Surface Preparation $181,300.00 00. L $88,000.00 16 Installing and maintaining Erosion Control measures 1 LS $12,000.00 $12,000.00 $333,000.00 $333,000.00 $23,730.00 $23,730.00 17 Subgrade Prep in Final Closure Area 1 LS $14,500.00 $14,500.00 $288,000.00 $288,000.00 $110,000.00 $110,000.00 18 Additional Intermediate Cover Material 6,500 CY $31.00 $201,500.00 $35.50 $230,750.00 $56.29 $365,864.06 $365,885.00 19 Grading & Surface Prep in Temporary Closure Area 1 LS $28,350.00 $28,350.00 $363,000.00 $363,000.00 $153,000.00 $153,000.00 20 Leachate Seep Remediation 1,000 CY $40.00 $40,000.00 $47.00 $47,000.00 $56.29 $56,290.00 D. Final Closure (2.4 acres) $296,350.00 Subtotal C= $708,884.06 21 40 mil LLDPE Geomembrane 12,000 SY $7.05 $84,600.00 $6.75 $81,000.00 $5.93 $71,271.36 $71,160.00 22 Geocomposite Drainage Net 11,500 SY $13.90 $159,850.00 $13.25 $152,375.00 $13.12 $150,871.95 $150,880.00 23 24" Downchute Pipe 340 LF $250.00 $85,000.00 $164.00 $55,760.00 $122.00 $41,480.00 24 18" Downchute Pipe 240 LF $165.00 $39,600.00 $121.00 $29,040.00 $74.00 $17,760.00 25 Downchute Dual Inlet Structures 4 EA $9,700.00 $38,800.00 $9,850.00 $39,400.00 $2,500.00 $10,000.00 26 Mid -slope (Tack -on) Diversion Berms 770 LF $20.00 $15,400.00 $18.00 $13,860.00 $7.00 $5,390.00 27 Liner Flaps,Toe Drain System, Connections, & Outlets 1 LS $156,425.00 $156,425.00 $150,000.00 $150,000.00 $3,650.00 $3,650.00 28 Protective Cover Material 8,500 CY $33.00 $280,500.00 $35.75 $303,875.00 $71.72 $609,620.00 29 Topsoil 15,000 SY $5.65 $84,750.00 $11.10 $166,500.00 $3.62 $54,300.00 30 Bollards & Edge of Liner Markers 1 LS $4,500.00 $4,500.00 $19,900.00 $19,900.00 $28,250.00 $28,250.00 31 GFFR at Toe Drain Outlets 5 EA $4,500.00 $22,500.00 $3,500.00 $17,500.00 $2,197.85 $10,989.25 E. Temporary Closure (6.6 acres) Subtotal D= $971,925.00 Subtotal D= $1,029,210.0 Subtotal D= $1,003,522.56 32 20 Mil Scrim Reinforced Rain Tarp 34,000 SY $5.65 $192,100.00 $6.60 $224,400.00 $4.39 $149,376.96 $149,260.00 33 Geosynthetic Ballast Material 32,500 SY $5.40 $175,500.00 $4.25 $138,125.00 $3.97 $129,235.28 $129,025.00 34 UV Resistant Sandbags and Seatbelt Webbing 1 LS $76,725.00 $76,725.00 $32,000.00 $32,000.00 $11,802.85 $11,802.85 35 Temporary Closure Vent 9 EA $1,500.00 $13,500.00 $5,900.00 $53,100.00 $405.00 $3,645.00 36 Extend 12' Downchute Pipe 175 LF $75.00 $13,125.00 $62.00 $10,850.00 $23.00 $4,025.00 Board of Commissioners - June 3, 2024 ITEM: 4- 1- 5 Page 1 of 3 37 Dual Culvert to Percolation Basin 200 LF $85.00 $17,000.00 38 Geocomposite Gas Venting Strips 3,000 SY $15.25 $45,750.00 ubt 33,700.00 F. Additional Items 39 Sod 15,000 SY $10.50 $157,500.00 40 Seed and Mulch 5,000 SY $1.50 $7,500.00 41 Miscellaneous Waste Relocation 2,000 CY $20.00 $40,000.00 42 Remove and Replace Existing Litter Fence 1 LS $22,550.00 $22,550.00 43 GFFR at Culvert Outlets 3 EA $9,600.00 $28,800.00 44 Regrading/Repair Existing Gravel Haul Road 1 LS $7,500.001 $7,500.00 63,850.00 G. Landfill Gas Expansion 45 4-inch Diameter HDPE SDR-17 Pipe and Fittings 580 LF $57.75 $33,495.00 46 6-inch Diameter HDPE SDR-17 Pipe and Fittings 1580 LF $59.00 $93,220.00 47 8-inch Diameter HDPE SDR-26 Pipe and Fittings 720 LF $60.00 $43,200.00 48 24-inch Diameter HDPE SDR-26 Pipe and Fittings 575 LF $265.00 $152,375.00 49 24-inch Diameter HDPE SDR-26 Pipe and Fittings 25 LF (pipe provided) $150.00 $3,750.00 50 2-inch Diameter SDR-9 Air Pipe and Fittings 2900 LF $5.00 $14,500.00 51 3-inch (SDR-11) Single Wall Forcemain Pipe and 1170 LF Fittings $11.00 $12,870.00 52 4-inch (SDR-11) Single Wall Forcemain Pipe and 1030 LF Fittings $12.00 $12,360.00 53 4-inch (SDR-11) by 8-inch (SDR-17) Dual Containment 700 LF Forcemain Pipe and Fittings $44.50 $31,150.00 54 24" Blind Flange Assembly 1 LS $8,300.00 $8,300.00 55 Dual Containment Forcemain Pipe Cleanout 1 LS $21,400.00 $21,400.00 56 Corrugated Metal Pipe for Pipe Road Crossing 100 LF $150.00 $15,000.00 57 Vertical LFG Extraction Well; includes Drilling, Soil 506 VLF Benching, Well Pipe, Grate, and Aggregate $260.00 $131,560.00 58 LFG Extraction Well Capping System Penetration 5 EA $8,625.00 $43,125.00 59 4-inch Landfill Gas Valve Assembly 1 EA $17,725.00 $17,725.00 60 8-inch Landfill Gas Valve Assembly 1 EA $21,300.00 $21,300.00 61 24-inch Landfill Gas Valve Assembly 1 EA $61,100.00 $61,100.00 62 Forcemain Isolation Valve Assembly (Dual 2 EA Containment) $1,700.00 $3,400.00 63 2-inch Air Blow -off & Isolation Valve Assembly 2 EA $825.00 $1,650.00 64 Condensate Sump including Pneumatic Pump 1 EA $99,600.00 $99,600.00 LFG Vertical Extraction Well Wellhead and Pneumatic 65 Pump; includes Dual Extraction Well Cap, Hosing, 9 EA Fittings, and Connection to Collection Piping $15,525.00 $139,725.00 66 Remote Wellhead; includes Hose, Fittings, and 4 EA Connection to Collection Piping $7,275.00 $29,100.00 Cleanout Remote Wellhead; includes 67 �Leachate Wellhead and Cleanout Tie-in and Connection 1 EA to Collection Piping $5,375.00 $5,375.00 Subtotal G= $995,280.00 $153.00 $30,600.00 $17.75 $53,250.00 Subtotal E= $542,325.00 $5.90 $88,500.00 $1.20 $6,000.00 $10.75 $21,500.00 $33,000.00 $33,000.00 $6,900.00 $20,700.00 $175,000.001 $175,000.00 Subtotal F-1 JN344,700.0j $88.50 7 $51,330.00 $66.50 $105,070.00 $76.00 $54,720.00 $103.00 $59,225.00 $43.00 $1,075.00 $36.00 $104,400.00 $39.50 $46,215.00 $50.00 $51,500.00 $76.00 $53,200.00 $7,000.00 $7,000.00 $7,000.00 $7,000.00 $124.00 $12,400.00 $257.00 $130,042.00 $2,350.00 $11,750.00 $10,800.00 $10,800.00 $9,600.00 $9,600.00 $41,600.00 $41,600.00 $9,350.00 $18,700.00 $2,800.00 $5,600.00 $65,900.00 $65,900.00 $12,600.00 $113,400.00 $6,350.00 $25,400.00 $6,220.00 $6,220.00 Subtotal G= $20.00 $4,000.00 $16.49 $49,487.22 Subtotal E= $351,572.31 18.63 $279,505.50 $5,254.50 $8.00 $16,000.00 $138,513.51 $138,513.51 $2,300.00 $6,900.00 $74,499.77 $74,499.77 $28.00 $16,240.00 $35.00 $55,300.00 $45.00 $32,400.00 $170.00 $97,750.00 $450.001 $11,250.00 $5.00 $14,500.00 $9.00 $10,530.00 $10.00 $10,300.00 $30.00 $21,000.00 $16,000.00 $16,000.00 $6,900.00 $6,900.00 $180.00 $18,000.00 $190.001 $96,140.00 $3,400.00 $17,000.00 $8,500.00 $8,500.00 $15,500.00 $15,500.00 $53,000.00 $53,000.00 $7,000.00 $14,000.00 $2,500.00 $5,000.00 $75,000.00 $75,000.00 $8,000.00 $72,000.00 $6,500.00 $26,000.00 $9,800.00 $9,800.00 Subtotal G= $702,130.00 $49,470.00 $5,250.00 Board of Commissioners - June 3, 2024 ITEM: 4- 1- 6 Page 2 of 3 BID ALTERNATES/ADDITIONAL ITEMS H. North Property Landfill Repairs DOWNCHUTE A 68a Demolish and Remove Existing G.F.F.R. 550 SY $10.00 $5,500.00 $6.50 $3,575.00 $175.00 $96,250.00 69a Install HDPE Downchute Pipe, including any HDPE 300 LF fittings, inlets, bends, etc. $110.00 $33,000.00 $134.00 $40,200.00 $395.90 $118,770.00 70a Existing Structure & Pipe Connections 1 LS $2,500.00 $2,500.00 $4,090.00 $4,090.00 $25,000.00 $25,000.00 Backfill new downchute pipes with Protective Cover 71a Soil, Grade, and Compact 900 CY $35.001 $31,500.00 $49.001 $44,100.00 $85.491 $76,941.00 DOWNCHUTE B 68b Demolish and Remove Existing G.F.F.R. 910 SY $10.00 $9,100.00 $6.50 $5,915.00 $175.00 $159,250.00 69b Install HDPE Downchute Pipe, including any HDPE 300 LF fittings, inlets, bends, etc. $110.00 $33,000.00 $139.00 $41,700.00 $383.90 $115,170.00 70b Existing Structure & Pipe Connections 1 LS $10,000.00 $10,000.00 $4,090.00 $4,090.00 $5,000.00 $5,000.00 71b Backfill new downchute pipes with Protective Cover 800 CY Soil, Grade, and Compact $35.001 $28,000.00 $49.001 $39,200.00 $85.49 $68,392.00 72b lInstall Downchute Pipe Outlet Structure 1 LS $13,600.001 $13,600.00 1 $25,750.001 $25,750.00 $12,500.001 $12,500.00 DOWNCHUTE C 68c Demolish and Remove Existing G.F.F.R. 780 SY $10.00 $7,800.00 $6.50 $5,070.00 $175.00 $136,500.00 69c Install HDPE Downchute Pipe, including any HDPE 220 LF fittings, inlets, bends, etc. $110.00 $24,200.00 $143.00 $31,460.00 $384.90 $84,678.00 70c Existing Structure & Pipe Connections 1 LS $10,000.00 $10,000.00 $4,090.00 $4,090.00 $5,000.00 $5,000.00 71c Backfill new downchute pipes with Protective Cover 700 CY Soil, Grade, and Compact $35.001 $24,500.00 $49.001 $34,300.00 $85.491 $59,843.00 72c Install Downchute Pipe Outlet Structure 1 LS $13,600.001 $13,600.00 $25,750.001 $25,750.00 $12,500.001 $12,500.00 DOWNCHUTE D 68d Demolish and Remove Existing G.F.F.R. 1,100 SY $10.00 $11,000.00 $6.50 $7,150.00 $175.00 $192,500.00 69d Install HDPE Downchute Pipe, including any HDPE 275 LF fittings, inlets, bends, etc. $110.00 $30,250.00 $134.00 $36,850.00 $388.90 $106,947.50 70d Existing Structure & Pipe Connections 1 LS $10,000.00 $10,000.00 $4,090.00 $4,090.00 $5,000.00 $5,000.00 71d Backfill new downchute pipes with Protective Cover 950 CY Soil, Grade, and Compact $35.00 $33,250.00 $49.00 $46,550.00 $85.49 $81,215.50 72d Install Downchute Pipe Outlet Structure 1 LS $13,600.00 $13,600.00 $25,750.00 $25,750.00 $12,500.00 $12,500.00 73 Rock -Filled Gabion Baskets 60 LF $170.00 $10,200.00 $107.00 $6,420.00 $175.00 $10,500.00 74 New 6" Toe Drain System 200 LF $111.00 $22,200.00 $138.00 $27,600.00 $3.00 $600.00 75 Excavate and Replace/Add Toe Drain Outlet Pipes 15 EA $500.00 $7,500.00 $4,700.00 $70,500.00 $166.00 $2,490.00 76 Cover Repair Area 6 EA $3,500.00 $21,000.00 $1,250.00 $7,500.00 $250.00 $1,500.00 77 Install topsoil and Sod in Repair Areas 6,000 SY $16.15 $96,900.00 $19.00 $114,000.00 25.54 $153,268.701 $153,240.00 Subtotal H= $502,200.00 Subtotal H= $655,700.00 Subtotal H= $1,542,315.70 w/ BID ALTERNATES Total (A - H) _ $3,971,690.00 I otal (A -H) = $5,434,762.00 *Total (A - H) = $S,200,187.91 $5,199,732.38 BASE BID (w/o Alternates) Total Base = $3,469,490.00 Total Base = $4,779,062.00 Total Base = $3,657,872.21 $3,657,387.98 Board of Commissioners - June 3, 2024 ITEM: 4- 1- 7 Page 3 of 3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 6/3/2024 Consent DEPARTMENT: Budget PRESENTER(S): Eric Credle, Chief Financial Officer CONTACT(S): Eric Credle and Amanda Kostusiak, Budget Officer SUBJECT: Adoption of Year-end Budget Amendment to Account for Anticipated Overage in Public Safety Function BRIEF SUMMARY: Increases the salaries and wages budget for Public Safety by $9,000,000 that is needed due to overtime being under budgeted and two overtime policy changes enacted to address staff shortages. Three -fourths of the funding is from other government functions that are projected to be under budget for the fiscal year and the other one fourth is from fund balance. STRATEGIC PLAN ALIGNMENT: Good Governance o Strong Financial Performance ■ Proactively manage the county budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the ordinance for the budget amendment. ATTACHMENTS: Budget Amendment 24-081 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend adoption. COMMISSIONERS' ACTIONS: Adopted (5-0) Board of Commissioners - June 3, 2024 ITEM: 5 AGENDA: June 3, 2024 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2024 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2024. Section 1: Details of Budget Amendment Strategic Focus Area: Good Governance Strategic Objective(s): Align services and programs with strategic priorities. Proactively manage the county budget. Fund: General Department: Various Expenditure: Decrease Increase Total BA 24-081 Public Safety Salaries & Wages $ - $ 9,000,000 $ 9,000,000 BA 24-081 General Gov Operating $ (800,000) $ - $ (800,000) BA 24-081 HHS Salaries & Wages $ (2,000,000) $ - $ (2,000,000) BA 24-081 HHS Operating $ (2,000,000) $ - $ (2,000,000) BA 24-081 HHS Admin Reserve $ (1,967,081) $ - $ (1,967,081) Total $ (6,767,081) $ q'666_'_00701 $ 2,232,919 Revenue: Decrease Increase 11 Total BA 24-081 Appropriated Fund Balance $ - $ 2,232,919 11 $ 2,232,919 Total $ - $ 2,232,919 $ 2,232,919 Appropriated Fund Balance 1 $ 26,881,728 Is 29,114,647 Section 2: Explanation Increases the salaries and wages budget for Public Safety by $9,000,000 that is needed due to overtime being under budgeted and two overtime policy changes enacted to address staff shortage. The two overtime policy changes, effective mid -June FY23, were not accounted for in the FY24 adopted budget. Staff monitors salary and benefits throughout the year, and current projections indicate that existing funds will not be sufficient to cover the final pay periods. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 24-081 amending the annual budget ordinance for the fiscal year ending June 30, 2024, is adopted. Adopted, this 3rd day of June, 2024. (SEAL) William E. Rivenbark, Chairman ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - June 3, 2024 ITEM: 5 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 6/3/2024 Consent DEPARTMENT: Finance PRESENTER(S): Eric Credle, Chief Financial Officer CONTACT(S): Eric Credle and Martha Wayne, Deputy Chief Financial Officer SU BJ ECT: Adoption of Resolution Authorizing the Negotiation of an Installment Financing Contract Not to Exceed $37.5 Million, Directing the Publication of Notice with Respect Thereto, Declaring the Intent of the County to Reimburse Itself for Capital Expenditures From Proceeds Thereof, and Providing for Certain Other Related Matters BRIEF SUMMARY: The Board of County Commissioners has approved capital project ordinances and capital improvements, including the construction of Northchase Public Library, construction of Gordon Road Fire Station, construction of Castle Hayne Fire Station, construction of an ammunition warehouse and office/classroom building at the New Hanover County Firing Range and roof replacement and exterior improvements to the Senior Resource Center. These projects are to be funded through debt proceeds as budgeted and structured as limited obligation bonds. The county will remain in compliance with its debt policy with the issuance of this debt. To move forward with the above mentioned projects, county staff is requesting the adoption of a resolution that will allow the county manager or the chief financial officer, with the advice from the county attorney and bond counsel, be authorized and directed to proceed and negotiate on behalf of the county the contract for a principal amount not to exceed $37,500,000 for the financing of the projects. The resolution also confirms the intent of the board to reimburse itself with debt proceeds the costs of these projects expended before the debt is issued. We also request that the board direct the chief financial officer or his designee to file with the Local Government Commission an application for its approval of the contract and all relevant transactions contemplated. The issuance of this debt instrument requires a public hearing. Staff is proposing that the public hearing be conducted on June 17, 2024 at 9:00 a.m., concerning the contract, the deed of trust, the proposed project and any other transactions contemplated therein and associated therewith. Staff requests that the clerk to the board be directed to cause a notice of the public hearing, in the form attached as Exhibit A, to be published once in a qualified newspaper of general circulation within the county no fewer than 10 days prior to the public hearing. STRATEGIC PLAN ALIGNMENT: • Good Governance Strong Financial Performance ■ Plan for the long-term financial health of the count ■ Proactively manage the county budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resolution. Board of Commissioners - June 3, 2024 ITEM: 6 ATTACHMENTS: Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend adoption. COMMISSIONERS' ACTIONS: Adopted resolution (5-0) Board of Commissioners - June 3, 2024 ITEM: 6 RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, AUTHORIZING THE NEGOTIATION OF AN INSTALLMENT FINANCING CONTRACT, DIRECTING THE PUBLICATION OF NOTICE WITH RESPECT THERETO, DECLARING THE INTENT OF THE COUNTY TO REIMBURSE ITSELF FOR CAPITAL EXPENDITURES FROM PROCEEDS THEREOF, AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS THERETO WHEREAS, the County of New Hanover, North Carolina (the "County') is a validly existing political subdivision, existing as such under and by virtue of the Constitution, statutes and laws of the State of North Carolina (the "State'); WHEREAS, the County has the power, pursuant to the General Statutes of North Carolina to (1) enter into installment contracts in order to purchase, or finance or refinance the purchase of, real or personal property and to finance or refinance the construction or repair of fixtures or improvements on real property and (2) create a security interest in some or all of the property financed or refinanced to secure repayment of the purchase price; WHEREAS, the Board of Commissioners of the County of New Hanover (the "Board") hereby determines that it is in the best interest of the County to finance (a) the construction, equipping and furnishing of a new library (the "Northchase Library"), (b) the construction, equipping and furnishing of two fire stations (the "Fire Stations"), (c) the construction of an ammunition warehouse and office/classroom building at the New Hanover County Firing Range, and (d) the replacement of the roof and other exterior improvements to the New Hanover County Senior Resource Center (collectively, the "2024 Projects"); WHEREAS, the New Hanover County Financing Corporation (the "Corporation") will assist the County by the execution and delivery of its Limited Obligation Bonds (the "2024 Bonds") to finance the 2024 Projects; WHEREAS, the Board hereby determines that it is in the best interests of the County to finance the 2024 Projects by entering into (1) an Installment Financing Contract (the "Contract") with the Corporation, and (2) a Deed of Trust, Security Agreement and Fixture Filing (the "Deed of Trust") related to the County's fee simple interest in the real property on which the Northchase Library and the Fire Stations will be located, together with the improvements thereon (collectively, the "Mortgaged Property"), that will provide security for the County's obligations under the Contract; WHEREAS, the Corporation will execute and deliver its 2024 Bonds in an aggregate principal amount not to exceed $37,500,000, evidencing proportionate undivided interests in rights to receive certain Revenues (as defined in the Contract) pursuant to the Contract; WHEREAS, the County hereby determines that financing the 2024 Projects is essential to the County's proper, efficient and economic operation and to the general health and welfare of its inhabitants; that financing the 2024 Projects will provide an essential use and has and will permit the County to carry out public functions that it is authorized by law to perform; and that entering into the Contract and Deed of Trust is necessary and expedient for the County by virtue of the findings presented herein; WHEREAS, the County hereby determines that the Contract would allow the County to finance the 2024 Projects and take title thereto at a favorable interest rate currently available in the financial marketplace and on terms advantageous to the County; PPAB 10959194v3 Board of Commissioners - June 3, 2024 ITEM: 6 - 1 - 1 WHEREAS, the County hereby determines that the estimated cost of financing the 2024 Projects, including payment of the costs of execution and delivery of the Contract, is an amount not to exceed $37,500,000 and that such cost exceeds the amount that can be prudently raised from currently available appropriations, unappropriated fund balances and non -voted bonds that could be issued by the County in the current fiscal year pursuant to Article V, Section 4 of the Constitution of the State; WHEREAS, although the cost of financing the 2024 Projects to the Contract is expected to exceed the cost of financing the 2024 Projects pursuant to a bond financing for the same undertaking, the County hereby determines that the cost of financing the 2024 Projects pursuant to the Contract and Deed of Trust and the obligations of the County thereunder are preferable to a general obligation bond financing or revenue bond financing for several reasons, including but not limited to the following: (1) the cost of a special election necessary to approve a general obligation bond financing, as required by the laws of the State, would result in the expenditure of significant funds; (2) the time required for a general obligation bond election would cause an unnecessary delay which would thereby decrease the financial benefits of financing, constructing, and improving the 2024 Projects; and (3) insufficient revenues are produced by the 2024 Projects so as to permit a revenue bond financing; WHEREAS, the County hereby determines that the estimated costs of financing the 2024 Projects pursuant to the Contract reasonably compares with an estimate of similar costs under a bond financing for the same undertaking as a result of the findings delineated in the above preambles; WHEREAS, the County anticipates that any future property tax increase, if necessary, to pay installment payments falling due under the Contract will not be excessive; WHEREAS, the sums to fall due under the Contract will be adequate but not excessive for its proposed purpose; WHEREAS, Parker Poe Adams & Bernstein LLP, as bond counsel ("Bond Counsel"), will render an opinion to the effect that entering into the Contract and the transactions contemplated thereby are authorized by law; WHEREAS, no deficiency judgment may be rendered against the County in any action for its breach of the Contract, and the taxing power of the County is not and may not be pledged in any way directly or indirectly or contingently to secure any money due under the Contract; WHEREAS, the County is not in default under any of its debt service obligations; WHEREAS, the County's budget process and Annual Budget Ordinance are in compliance with the Local Government Budget and Fiscal Control Act, and external auditors have determined that the County has conformed with generally accepted accounting principles as applied to governmental units in preparing its Annual Budget ordinance; WHEREAS, past audit reports of the County indicate that its debt management and contract obligation payment policies have been carried out in strict compliance with the law, and the County has not been censured by the North Carolina Local Government Commission (the "LGC ), external auditors or any other regulatory agencies in connection with such debt management and contract obligation payment policies; WHEREAS, a public hearing on the Contract after publication of a notice with respect to such public hearing must be held, and approval of the LGC with respect to entering into the Contract must be received; PPAB 109591940 Board of Commissioners - June 3, 2024 ITEM: 6 - 1 - 2 WHEREAS, the County will incur and pay certain expenditures (the "Original Expenditures') in connection with the 2024 Projects prior to the date of execution and delivery of the Contract, such Original Expenditures to be paid for originally from a source other than the proceeds of the Contract, and the County intends, and reasonably expects, to be reimbursed for such Original Expenditures from a portion of the proceeds of the Contract; and WHEREAS, the County hereby determines that all findings, conclusions and determinations of the County in this Resolution are subject to modification or affirmation after all interested parties have been afforded the opportunity to present their comments at a public hearing regarding the execution and delivery of the Contract and the Deed of Trust and the 2024 Projects financed thereby. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, AS FOLLOWS: Section 1. Authorization to Negotiate the Contract. The County Manager or the Chief Financial Officer, with advice from the County Attorney and Bond Counsel, are hereby authorized and directed to proceed and negotiate on behalf of the County the Contract for a principal amount not to exceed $37,500,000 to finance the 2024 Projects, to be entered into in accordance with the provisions of Section 160A-20 of the General Statutes of North Carolina, as amended, and to provide in connection with the Contract, as security for the County's obligations thereunder, the Deed of Trust, conveying a lien and interest in the Mortgaged Property, including the improvements thereon. Section 2. Application to LGC. The Chief Financial Officer or his designee is hereby directed to file with the LGC an application for its approval of the Contract and all relevant transactions contemplated thereby on a form prescribed by the LGC and to state in such application such facts and to attach thereto such exhibits regarding the County and its financial condition as may be required by the LGC. Section 3. Direction to Retain Professionals. The County Manager and the Chief Financial Officer, with advice from the County Attorney, are hereby authorized and directed to retain the assistance of Parker Poe Adams & Bernstein LLP, Raleigh, North Carolina, as bond counsel, First Tryon Advisors, Charlotte North Carolina, as financial advisor, PNC Capital Markets LLC, Charlotte, North Carolina, as underwriter, and U.S. Bank Trust Company, National Association, as trustee. The County Manager and the Chief Financial Officer are hereby authorized to retain such other professionals as they deem necessary in their judgment to carry out the transaction contemplated in this Resolution. Section 4. Public Hearing. A public hearing (the `Public Hearing') shall be conducted by the Board on June 17, 2024 at 9:00 a.m. in the Assembly Room, New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina, concerning the Contract, the proposed financing of the 2024 Projects, and any other transactions contemplated therein and associated therewith. Section 5. Notice of Public Hearing. The Clerk to the Board is hereby directed to cause a notice of the Public Hearing, in the form attached hereto as Exhibit A, to be published once in a qualified newspaper of general circulation within the County no fewer than 10 days prior to the Public Hearing. Section 6. Repealer. All motions, orders, resolutions and parts thereof in conflict herewith are hereby repealed. Section 7. Reimbursement. The County presently intends, and reasonably expects, to reimburse itself for Original Expenditures in an amount not to exceed $37,500,000 on or after the date occurring 60 days prior to the date of adoption of this Resolution from a portion of the proceeds of the Contract. The County adopts this Resolution as a declaration of official intent under Section 1.150-2 of the PPAB 109591940 Board of Commissioners - June 3, 2024 ITEM: 6 - 1 - 3 Treasury Regulations promulgated under Section 103 of the Internal Revenue Code of 1986, as amended, to evidence the County's intent to reimburse itself for the Original Expenditures from proceeds of the Contract. The Chief Financial Officer of the County, with advice from Bond Counsel, is hereby authorized, directed and designated to act on behalf of the County in determining and itemizing all of the Original Expenditures incurred and paid by the County in connection with the 2024 Projects during the period commencing on the date occurring 60 days prior to the date of adoption of this Resolution and ending on the date of the execution and delivery of the Contract. Section 8. Effective Date. This Resolution is effective on the date of its adoption. Read, approved and adopted this 3rd day of June, 2024. Chair of the Board of Commissioners Clerk to the Board APPROVED AS TO FORM: County Attorney PPAB 109591940 Board of Commissioners - June 3, 2024 ITEM: 6 - 1 - 4 EXHIBIT A NOTICE OF PUBLIC HEARING The Board of Commissioners (the "Board') of the County of New Hanover, North Carolina (the "County") is considering (1) entering into an installment financing contract in an amount not to exceed $37,500,000 (the "Contract") to finance (a) the construction, equipping and furnishing of a new library (the "Northchase Library"), (b) the construction, equipping and furnishing of two fire stations (the "Castle Hayne Fire Station" and the "Gordon Road Fire Station"), (c) the construction of an ammunition warehouse and office/classroom building at the New Hanover County Firing Range, and (d) the replacement of the roof and other exterior improvements to the New Hanover County Senior Resource Center (collectively, the "2024 Projects") and (2) executing and delivering a Deed of Trust, Security Agreement and Fixture Filing (the "Deed of Trust") related to the County's fee simple interest in the Northchase Library, the Castle Hayne Fire Station, and the Gordon Road Fire Station, together with the improvements thereon (collectively, the "Mortgaged Property"), as may be required by the entity providing the funds to the County under the Contract. The Northchase Library will be located at 4400 NE Northchase Parkway, Wilmington, North Carolina 28405. The Castle Hayne Fire Station will be located at 4860 Castle Hayne Road, Castle Hayne, North Carolina 28429. The Gordon Road Fire Station will be located at the intersection of Gordon Road and Harris Road in Wilmington, North Carolina. The Mortgaged Property identified above will be mortgaged under the Deed of Trust. The Contract and the Deed of Trust permit the County to enter into amendments to finance additional projects using the Mortgaged Property as collateral and the County may or may not grant additional collateral in connection with such amendments. On payment by the County of all installment payments due under the Contract, including any future amendments to finance or refinance projects, the Deed of Trust and any lien created thereunder will terminate and the County's title to the Mortgaged Property will be unencumbered. NOTICE IS HEREBY GIVEN, pursuant to Sections 160A-20 of the General Statutes of North Carolina, that on June 17, 2024 at 9:00 a.m. in the Assembly Room, New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina, a public hearing will be conducted concerning the approval of the execution and delivery of the Contract and the projects financed thereby. All interested parties are invited to present comments thereon at the public hearing. /s/ KYM CROWELL Clerk to the Board of Commissioners County of New Hanover, North Carolina Published: 52024 PPAB 109591940 Board of Commissioners - June 3, 2024 ITEM: 6 - 1 - 5 STATE OF NORTH CAROLINA ss: COUNTY OF NEW HANOVER I, Kym Crowell, Clerk to the Board of Commissioners of the County of New Hanover, North Carolina, DO HEREBY CERTIFY that the foregoing is a true and exact copy of a resolution entitled "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, AUTHORIZING THE NEGOTIATION OF AN INSTALLMENT FINANCING CONTRACT, DIRECTING THE PUBLICATION OF NOTICE WITH RESPECT THERETO, DECLARING THE INTENT OF THE COUNTY TO REIMBURSE ITSELF FOR CAPITAL EXPENDITURES FROM PROCEEDS THEREOF, AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS THERETO" adopted by the Board of Commissioners of the County of New Hanover, North Carolina, at a meeting held on the 3rd day of June, 2024. WITNESS my hand and the corporate seal of the County of New Hanover, North Carolina, this the day of June, 2024. KYM CROWELL Clerk to the Board of Commissioners County of New Hanover, North Carolina PPAB 109591940 Board of Commissioners - June 3, 2024 ITEM: 6 - 1 - 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 6/3/2024 Consent DEPARTMENT: Finance PRESENTER(S): Eric Credle, Chief Financial Officer CONTACT(S): Eric Credle and Martha Wayne, Deputy Chief Financial Officer SU BJ ECT: Adoption of Resolution Authorizing the Execution and Delivery of an Installment Financing Contract with TD Equipment Finance, Inc. to Finance the Acquisition of Various Vehicles and Equipment BRIEF SUMMARY: The Board of County Commissioners approved in the FY 23-24 budget ordinance the purchase and intent to finance the acquisition of replacement vehicles and various equipment. On April 20, 2024, the Finance Office solicited proposals to finance up to $4,827,010 for the purchase of replacement vehicles and $1,972,258 for the purchase of equipment, which total $6,799,268 for a period of 59 months. TD Bank submitted the lowest interest rate at 4.08% with no origination fees or closing costs. Staff recommends the approval of the lease purchase agreement with TD Bank. STRATEGIC PLAN ALIGNMENT: • Good Governance o Strong Financial Performance ■ Plan for the long-term financial health of the count ■ Proactively manage the county budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the Resolution. ATTACHMENTS: Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend Adoption. COMMISSIONERS' ACTIONS: Adopted resolution (5-0) Board of Commissioners - June 3, 2024 ITEM: 7 RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, APPROVING AN INSTALLMENT FINANCING CONTRACT TO FINANCE VEHICLES AND EQUIPMENT, DECLARING THE INTENT OF THE COUNTY TO REIMBURSE ITSELF FOR CAPITAL EXPENDITURES FROM PROCEEDS THEREOF, AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS WHEREAS, the County of New Hanover, North Carolina (the "County") is a validly existing political subdivision, existing as such under and by virtue of the Constitution, statutes and laws of the State of North Carolina (the "State"); WHEREAS, the County has the power, pursuant to the General Statutes of North Carolina to (1) enter into installment contracts to purchase, or finance or refinance the purchase of, real or personal property and to finance or refinance the construction or repair of fixtures or improvements on real property and (2) create a security interest in some or all of the property financed or refinanced to secure repayment of the purchase price; WHEREAS, the Board of Commissioners of the County (the "Board") has determined that it is in the best interest of the County to (1) enter into an installment financing contract (the "Contract") with TD Equipment Finance, Inc. (the "Lender") to pay the capital costs of (a) the acquisition of various vehicles, and (b) the acquisition and installation of equipment (collectively the "Vehicles/Equipment"), and (2) grant a security interest in the Vehicles/Equipment in favor of the Lender as security for the County's obligations under the Contract; WHEREAS, the County will enter into the Contract in an aggregate principal amount of not to exceed $6,799,268; WHEREAS, there has been made available to the Board the form of the Contract, which the Board proposes to approve, enter into and deliver, as applicable, to effectuate the proposed installment financing; WHEREAS, it appears that the Contract is in appropriate form and is an appropriate instrument for the purposes intended; and WHEREAS, the County will incur and pay certain expenditures (the "Original Expenditures ") in connection with the Vehicles/Equipment prior to the date of execution and delivery of the Contract, such Original Expenditures to be paid for originally from a source other than the proceeds of the Contract, and the County intends, and reasonably expects, to be reimbursed for such Original Expenditures from a portion of the proceeds of the Contract; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, AS FOLLOWS: Section 1. Ratification of Prior Actions. All actions of the Chair of the Board, the Clerk to the Board, the County Manager, the Chief Financial Officer, the County Attorney, and their respective designees (collectively, the "Authorized Officers"), in effectuating the proposed financing are approved, ratified and authorized pursuant to and in accordance with the transactions contemplated by the Contract. Section 2. Approval, Authorization and Execution of Contract. The Board approves the acquisition of the Vehicles/Equipment in accordance with the terms of the Contract, which will be a valid, legal and binding obligation of the County in accordance with its terms. The Board approves the amount advanced by the Lender to the County pursuant to the Contract in an aggregate principal amount not to Board of Commissioners - June 3, 2024 ITEM: 7 - 1 - 1 exceed $6,799,268, such amount to be repaid by the County to the Lender as provided in the Contract. The form, terms and content of the Contract are in all respects authorized, approved and confirmed, and the Authorized Officers, individually or collectively, are authorized, empowered and directed to execute and deliver the Contract for and on behalf of the County, including necessary counterparts, in substantially the form made available to the Board, but with such changes, modifications, additions or deletions therein as they may deem necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of their approval of any and all such changes, modifications, additions or deletions, and that from and after the execution and delivery of the Contract, each Authorized Officer is authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Contract as executed. Section 3. Further Actions. Each Authorized Officer is designated as the County's representative to act on behalf of the County in connection with the transactions contemplated by the Contract, and the Authorized Officers are authorized and directed to proceed with the Projects in accordance with the terms of the Contract, and to seek opinions on matters of law from the County Attorney, which the County Attorney is authorized to furnish on behalf of the County, and opinions of law from such other attorneys for all documents contemplated hereby as required by law. The Authorized Officers are authorized to designate one or more employees of the County to take all actions which they are authorized to perform under this Resolution, and each is in all respects authorized on behalf of the County to supply all information pertaining to the transactions contemplated by the Contract. The Authorized Officers, individually or collectively, are authorized to execute and deliver for and on behalf of the County any and all additional certificates, documents, opinions or other papers and perform all other acts as may be required by the Contract or as they may deem necessary or appropriate to implement and carry out the intent and purposes of this Resolution and the Contract, including the on -going administration thereof. Section 4. Reimbursement. The County presently intends, and reasonably expects, to reimburse itself for Original Expenditures in an amount not to exceed $6,799,268 on or after the date occurring 60 days prior to the date of adoption of this Resolution from a portion of the proceeds of the Contract. The County adopts this Resolution as a declaration of official intent under Section 1.150-2 of the Treasury Regulations promulgated under Section 103 of the Internal Revenue Code of 1986, as amended, to evidence the County's intent to reimburse itself for the Original Expenditures from proceeds of the Contract. The Chief Financial Officer of the County, with advice from its bond counsel, is hereby authorized, directed and designated to act on behalf of the County in determining and itemizing all of the Original Expenditures incurred and paid by the County in connection with the Vehicles/Equipment during the period commencing on the date occurring 60 days prior to the date of adoption of this Resolution and ending on the date of the execution and delivery of the Contract. Section 5. Repealer. All motions, orders, resolutions, ordinances and parts thereof, in conflict herewith are repealed. Section 6. Severability. If any section, phrase or provision of this Resolution is for any reason declared to be invalid, such declaration will not affect the validity of the remainder of the sections, phrases or provisions of this Resolution. Section 7. Effective Date. This Resolution is effective on the date of its adoption. PPAB 109962490 Board of Commissioners - June 3, 2024 ITEM: 7 - 1 - 2 STATE OF NORTH CAROLINA SS: COUNTY OF NEW HANOVER I, Kym Crowell, Clerk to the Board of Commissioners of the County of New Hanover, North Carolina, DO HEREBY CERTIFY that the foregoing is a true and exact copy of a resolution titled "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, APPROVING AN INSTALLMENT FINANCING CONTRACT TO FINANCE VEHICLES AND EQUIPMENT, DECLARING THE INTENT OF THE COUNTY TO REIMBURSE ITSELF FOR CAPITAL EXPENDITURES FROM THE PROCEEDS THEREOF, AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS" adopted by the Board of Commissioners of the County of New Hanover, North Carolina in regular session convened on the 3' day of June, 2024, as recorded in the minutes of the Board of Commissioners of the County of New Hanover, North Carolina. WITNESS, my hand and the seal of the County of New Hanover, North Carolina, this the _ day of June, 2024. (SEAL) Kym Crowell Clerk to the Board of Commissioners County of New Hanover, North Carolina PPAB 109962490 Board of Commissioners - June 3, 2024 ITEM: 7 - 1 - 3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 6/3/2024 Consent DEPARTMENT: Governing PRESENTER(S): Kym Crowell, Clerkto the Board and Rebekah Roth, Planning and Body Land Use Director CONTACT(S): Kym Crowell and Rebekah Roth SU BJ ECT: Adoption of State Road Resolution BRIEF SUMMARY: The North Carolina Department of Transportation (NCDOT) is considering the addition of the following roads to the state system of highways as the roads meet the standards and criteria established by the state and county: Cloverland Way, Goodwood Way, and Trumpet Vine Way within the Henderson Parke at the Lakes at Johnson Farms subdivision (Division File No: 1306-N). NCDOT is requesting that the board adopt a resolution in support of adding the roads to the state system. STRATEGIC PLAN ALIGNMENT: • Good Governance o Internal business processes ■ Communicate what the county does and why RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt SR-2 resolution. ATTACHMENTS: NCDOT State Road Resolution Request Packet NHC Locator Map SR-2 Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend adoption. COMMISSIONERS' ACTIONS: Adopted (5-0) Board of Commissioners - June 3, 2024 ITEM: 8 STATE OF NORTH CAROLNA DEPARTMENT OF TRANSPORTATION Roy COOPER GOVERNOR April 23, 2024 Ms. Kym Crowell, Clerk to the Board New Hanover County Board of Commissioners 230 Government Center Drive, Suite 175 Wilmington, NC 28403 J.R. "JOEY" HOPKINS SECRETARY Subject: Proposed Road Addition to the State System of Highways Cloverland Way, Goodwood Way, and Trumpet Vine Way located in Henderson Parke at The Lakes at Johnson Farms (Division File No:1306-N). Dear Ms. Crowell, This office is considering the addition of the following roads: Cloverland Way, Goodwood Way, and Trumpet Vine Way located within The Lakes at Johnson Farms to the state maintenance system. After the Board's consideration please furnish this office with the current county resolution and official road names for our further handling. If I may be of further assistance, please call me at 910-398-9100. Sincerely, Nick K. Drees Engineering Specialist Enclosures: Copy of SR-1 Road Petition request form, plat maps and locator maps. Mailing Address: Telephone: 910-398-9100 Location: NC DEPARTMENT OF TRANSPORTATION Customer Service: 9 1- 98-368-4968 5911 OLEANDER DRIVE, SUITE 101 DISTRICT 3 ENGINEER'S OFFICE WILMINGTON, NC 28403 5911 OLEANDER DRIVE, SUITE 101 WILMINGTON, NC 28403 Website - ncdot. ov Board of Commissionegs - June 3, 2024 04-11-03 COURIER ITEM: 8 - 1 - 1 Date Petition Received by NCDOT: North Carolina Department of Transportation Division of Highways Petition for Road Addition ROADWAY INFORMATION: (Please Print/Type) County: New Hanover RECEIVED MAR 2 0 2023 NC DOT DISTRICT 3 Road Name: Cloverland way, Vista Green Ct., Goodwood Way, Trumpet Vine Way (Please list additional street names and lengths on the back of this form.) Subdivision Name: Henderson Parke at The Lakes at Johnson Farms Length (miles): 2 Number of occupied homes having street frontage: 43 Located (miles): within 2 miles miles NDQEnW❑of the intersection of Route and Route (Check one {SR, NC, US) (SR. NC. US) We, the undersigned, being property owners and/or developers of Honda son PaAa at Johnson Farms HOA inc. in New Hanover County, do hereby request the Division of Highways to add the above described road. CONTACT PERSON: Name and Address of First Petitioner. (Please PdnVType) Name: Ran orri Signature: Phone Number: Street Address: c/o CEP O Management Mailing Address: 1628 Doctor's Circle, Wilm., NC 28401 PROPERTY OWNERS Printed Name and Siqnature Mailing Address .zPP attnrhRri list of hnmAnwnArc Rnrry Addartinn_ HOA Rnnrd Praziriant Form SR-1 (8/2022) Telephone Board of Commissioners - June 3, 2024 ITEM: 8 - 1 - 2 INSTRUCTIONS FOR COMPLETING PETITION: 1. Complete Information Section 2. Identify Contact Person (This person serves as spokesperson for petitioner(s)). 3. Attach two (2) copies of recorded subdivision plat or property deeds, which refer to candidate road. 4. Adjoining property owners and/or the developer may submit a petition. Subdivision roads with prior NCDOT review and approval only require the developer's signature. 5. If submitted by the developer, encroachment agreements from all utilities located within the right of way shall be submitted with the petition for Road addition. However, construction plans may not be required at this time. 6. Submit to District Engineer's Office. FOR NCDOT USE ONLY: Date Petition Received by NCDOT: Please the appropriate block: Dural Road subdivision platted prior to October 1, 1975 subdivision platted after September 30, 1975 REQUIREMENTS FOR ADDITION If this road meets the requirements necessary for addition, we agree to grant the Department of Transportation a right-of-way of the necessary width to construct the road to the minimum construction standards of the NCDOT. The right-of-way will extend the entire length of the road that is requested to be added to the state maintained system and will include the necessary areas outside of the right -or -way for cut and fill slopes and drainage. Also, we agree to dedicate additional right-of-way at intersections for sight distance and design purposes and execute said right-of-way agreement forms that will be submitted to us by representatives of the NCDOT. The right-of-way shall be cleared at no expense to the NCDOT, which includes the removal of utilities, fences, other obstructions, etc. General Statute 136-102.6 states that any subdivision recorded on or after October 1, 1975, must be built in accordance with NCDOT standards in order to be eligible for addition to the State Road System. ROAD NAME HOMES LENGTH ROAD NAME HOMES LENGTH Cloverland Way 18� Goodwood Way 6 Vista Green Court 7 Trumpet Vine Way 12 Form SR-1 (8/2022) Board of Commissioners - June 3, 2024 ITEM: 8 - 1 - 3 0 i - ate Powe�$olutions-� Pne Ho/jo- _ AL ' ! O Cellar C— A m4d Lrv'Trig And... one Ho//o vDr asonsSe Sto age y.�, is • Wilmingto ine Club ` r at\ao ¢D L tr ,� p,• eilarrd_W v., — Go�- - Hende o '.3 Trumpet Vine Way ^Wilming[oIn Koran. nh an , t Vine V✓a -r i_ Baptist Chu c ,�' f - _ _ r 3 m kf�. �•'� � .' •� - rse- - ;,•, � -_. Global River G urq': Computer Repair; Server _ 1" • + \ a\e "• ' Maintenance & IT Saylors va �.r _ •� JAtxwna/n,r wea �� E -off {earth GUN�D� •�g-1 nand Da�j S "a12�� yA Honeydew Ln ;i lage A artments ,ii.,ypa e J o \BPS e -• E e efte,C•, 'i •} • • ,,`-",, Monkey Junction Pi St R, :d '+ T cate'SostiL•nUd C• ng8 ago6Q�L ao � a O i!�S)7, - ' � Ps` jGR=r!►oLL'wa`r ' ""r-..„CoCnasrtnsc'etwfSevce—q, e� Vail Ieasn Woodridge I Apartments Towrihomes rt,. K { y, ��I ♦71, J ..••�>` a� �a�. r- /�i a �� College Roa ary. > b r\e �q jam- �e .� j6 \.p � C i dhodd'Cse to w- a J9�•o,�Q Powe s HoMprover _- ocv P\or Wal art Supe ae e . Grea4.Clips - m�'inb-r r„� l� 11• '�r� ' - ,` r' of iRubyaTtu�s ay �: °brie,Ho_Sne P. r J- ---------- ----------awx,�.,x oi--, r1I h,' i /\\1 /-1h ai\ ' zoo ITE s 71rQ wlxDeD.w,Txe55N>"NDIxN9wx..�.x�ExwRE \ ,ms 14u RD,�R axxD.l.,a II �I ; i i l_ '-I�-I --'�-. J-II -_��_3L�1 _ L�'-1 \-�1 - 1 l"f n`� /.S/P/a(_/,j24`- �9`'l.X�D`�`st� o'i`p�/oe/ ."��• .�Q``U•\f9/,"q\�2�4�, i /\/\ \,Q \ �\ / >��"EP9\ \/\ > � LOCATION M AfRP�u \ NOT TO ALE C.°1—N II �\ Pnasel e i 'bf�'3 //, ��k��6�4� tea' /nv X PetltlOne / \ THE ARBORS AT JOHN50N FARMI r S / '1 / DD9De I \ 3,g � '°ti z�4a / owe MAP BG\OIC 42 PAGE 395 s> s3 ,e�9T�" % \ ryh \ '�3 /' 1 /' X \ ' x rmcD. I FARMS i \ RETENTION gIYlTzbt e 'R"•f'�'�s�, .' —\ \ \\ �\ /' ev"�\��'X /�\ ) swtRserm¢ er/ wxOve �i \ POND Nrx n Rcwmr. \ ry'4' <> 9G.• Y \ \ \% L.f �(. / \ / T\ State Maintained 325 i ry 326 / 401 \\ •� �{ X // Roads. \ G d �:z P9a2?r 102.23' ne POND aw EXPAN31ON t" e,]a,4. rt.•� CI> xme STnre m[mvnrsrsmn 1 >I �s o D,cxn Rn/enexr i � • +' w + \ ^ t [5A\9 322 �� a 32l 2- � y5£!5' 6632y, O.l]vaat 8N )591.y. Rz o� x 9er41 a3w s.oa rmx wuTm..me Nx �x.l o.le.. C��� 0 3D«13•,: �O wore � TZ` ��ruer�ses. R CJ uwF EFARIwc .... Tn I. s••, p w aR • x. i O.O> N4]'S4'2 uwlumexrs wR uewmxs. Bien m5axnnumlxx Oumxoums�u L2 N49°59a2£ 15.10 13 N49°59a2£ 25.21 .l2•�l 5. L4 N49°59a2£ lO.CS L5 N41°39'11£ 12.76 L) N36°48' TE 64— IB 522°4a2Bw 16.61 L9 N1017127 9.79 yM,IeR Lll l °43'32£ 3.82 [aralsw L12 Nll°43'32£ 6.03 m I Ll3 5]O.4s5)£ 16.a7 No^N:..)uo oxl E Ll4 5XY4s5]£ 23.. �coRomwo�eout ' LI5 NIB°52'33£ lI.O2 TOTAL PROJECT: 1 1.54 ACRE5 -- PHA5E I HENDER50N FARKE AT JOHN50N FARMS "HIGH DEN5ITY' MASONBORO TroNN5HIP NEW HANOVER COUNT', N.C. NOVEMBER 14, 2005 60 O 30 60 M., S—Xl 49 P—s- \R, Ar2oo5oi4188 A4r &A n.I151o5 •1:4ti p— ?6�? / X . \ �n �/.' �\ / CUM ON AREA O32� NTION MNJ FUTURE PLyA5E 2 FUTURE OEVELOPMENT N \ / Tr ¢qy ✓ \�S'Q��'l� \ � / / T\ / 1 39.SJ9sp.Rt ,�Ops �l4 / `St l/o- /53£ `'• > MAP BOOR 40 PAGE 32:' , �r Ir fi CERTIFICATE OF APPROVAL FERNANDO 13ARBARIA D.B. 1041-233 xzw n/woveR couNrr nANwNe xFAZIMeNr DAZE PWI ING DIRECTOR �" DANFORD D�.9196 D.DDDI & BRISTOW a LAND SURVEYING, P.C. PNONe lotol of a9�t t�FAz fat Olat 5zea6 MT£0 - 410-7G3-,14-l& Board of Commissioners - June 3, 2024 ITEM: 8 - 1 - 5 NEW HANOVER COUNTY NORTH CAROLINA (,` SNES�j I, MARC F. GLENN. CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION .. O'•.Z: �ROF N FROM AN ACNAL SURVEY MADE UNDER MY SUPERVISION (GEED DESCRIPTION •. y RECORDED IN BOOK— PAGE _SHOWN); THAT BOUNDARIES NOT SVRVEYED - `5 EAL ARE CLEARLY INDICATED AS DRAWN FROM INFORMATION FOUND IN BOOK AS EA PAGE SHOWN ; THAT THE RATIO OF PRECISION AS CALCULATED 15 1:20000: _ - L-4308 ) - EPA THAT THIS PLAT WA5 PREPARED IN ACCORDANCE WITH G.S. 47-30 AS AMENDED. WETNESS MY ORIGINAL SIGNATURE, '?v'`� SUfN�'��: UCEN5URE NUMBER AND SEAL THIS 21 sk DAY OF MAY A.D., 2006. �'1AC F. GL�•� MARC F. GLENN N.C. UCEN5E NO.L-4308 1 1 L1 NEW HANOVER COUNTY NORTH CAROLINA THIS PLAT 15 OF A SURVEY OF ANOTHER CATEGORY, SUCH AS RECOMBINATION OF EX15TING PARCELS, A COURT ORDERED SURVEY, OR, OTHER EXCEPTION TO THE DEFINITION OF 5UBDIV1510N FOR LOTS 297-R,298-R299-R, AND 300-R ONLY. TH15 PLAT 15 OF A SURVEY THAT CREATES A SUBDIVISION OF LAND WIWIN THE AREA OF A COUNTY OR MUNICIPALITY THAT HAS AN ORDINANCE THAT REGULATES PARCELS OF LAND. MARAR - •� L F. GLENN NOTE5: I . ALL D15TANCES ARE GROUND HORIZONTAL. 2. A11 LOTS SUBJECT TO A 1 (7 UTILITY EASEMENT ALONG RIGHT5 OF WAY OF ALL 5TREET5. 3. N.G.5. MONUMENT NOT POUND WITHIN 2000. 4. THESE LOTS ARE LOCATED IN ZONE X FIRM COMMUNITY -PANEL C3701 G8 3134 J DATED: APRIL 3. 2000 5. IRON PIPES AT ALL CORNERS UNLESS OTHERWISE NOTED. G. WATER SERVICE BY CITY OF WILMINGTON. 7. SEWER 5ERVICF BY NEW HANOVER COUNTY. 8. THIS N./ - 5UPERCEDE5 LOT 297-300 IN MAP BOOK 49 PAGE 19. 9. N: WETUW D5 APPEAR ON ANY DESIGNATED LOTS. 1 HENDER50N PARKE I PHASE I I MB 49 PG 19 1 I 2964§-C9------ _CORNER CONTROLMB 49 PG 19 ? . CH.-230.89 CH-230.59 R.=230.00 8 p� CERTIFICATE OF OWNERSHIP, DEDICATION AND JURI5DICTION: I (WE) HEREBY CERTIFY THAT I (WE) ARE THE OWNER(5) OF THE 'ROPERTY SHOWN AND J DESCRIBED HEREON AND THAT I (WE) HEREBY Ai OPT THIS PLAN OF SUBDIV1510N WITH MY (OUPJ FREE CON5ENT AND DEDICATE ALL 5TRECT5. ALLEYS, WALK5, PARKS, CONSERVATION SPACE AND OTHER AREAS TO PUBUC OR PRIVATE USE AS NOTED. ALL ROADS AND DRAINAGE EASEMENTS ARE DEDICATED FOR FUBUC UTILITY PURPOSES. FURTHER, I (WE) CERTIFY THE LAND AS SHOWN HEREON 15 LOCATED WITHIN THE SUBDIVISION JURI5DICNDN OF NEW NEW HANOVER COUNTY. - O$ DATE SIGNATURE OF O ERO) DATE OWNER OF RECOP,p: HOLLY TREE INVESTMENTS. LLC P.O. BOX 3442 WILMINGTON, NC 28406 910-392-3379 SIGNATURE OF OWNER(5) CERTIFICATE OF DISCLOSURE FOR PRIVATE DEVELOPMENTS I (WE) ACKNOWLEDGE THAT NEITHER THE STATE NOR THE COUNTY SHALL BE RE5PON51BLE FOR MAINTENANCE OF ANY 5TREET5, PARKS, DRAINAGE, OPEN SPACE OR OTHER AREAS WHICH ARE DESIGNATED FOR PRIVATE USE. I (WE) ACKNOWLEDGE THAT PRIOR TO CONTRACTING WITH A FR05MCTIVE BUYER, I SHALL GIVE THE BUYER A WRITTEN STATEMENT WHICH DISCLOSES THE EX15TENCE AND LOCATION OF SUCH PRIVATE AREAS AND 5PECIFIE5 THE LIAINTFNANCF RE5PON51BIUTIE5 FOR SAME. WHEN APPLICABLE, THE STAI'—E . C:;ALL D15CLOSE THAT THE STREET(S) WILL NOT BE CONSTRUCTED TO MINIMUM STANDARDS 5UFFIGENT TO ALLOW THEIR INCLUSION ON THE STATE HIGHWAY SYSTEM FOR MAINTENANCE. .50 D� GNATURf OF OWNER( ENT LEGEND N • - EXISTING IRON REBAR SURVEY REFERENCE A - MAG NAIL DB. 1417 FG. 1305 DB. 1417 PG. 1306A (SET P05T PAVING) M. 1426 PG. 1620 W E PL - PROPERTY UNE MAP BOOK 35 PAGE 95 DB. 3196 PG. 0001 5 A - EXI5TTNG MONUMENT DB. 4155 PG. 0065 DB. 5007 FG. 1532 (N.H. 00.) N.T.S. -NOT TO SCfLLL MAP MAP BOOK 9 PAGE � PAGE 199 / ` ALMND. PL = PBM100NE0 PROPERTY UNE � � PL -PROPERTY UNE / / 306 N2�46 / HENDER50N PARKS PHASE I l / MB 49 PG 19 / CORNER CONTROI< O, 3( MB 49 PG 19 _ 30 e / N81"3d44W T,1U�1'/P \� R=4250 IV i' 45 i3/4 M I UTILI 3P ON EM / / -----` .17E .k. l \ 0.14 SOUTH COLLEGE A5500ATE5 DEED BOOK 142G PAGE 1 G20 AW I FERNANDO C DAGNYV BARBARIA DB. 1041 P6.0233 Petitioned Roads. State Maintained Roads. City Limits of Wilmington. SOUTH COLLEGE ASSOCIATES DEED BOOK 3886 PAGE 743 LOCATION MAP NOT TO SCALE :ERTIFICATE OF PROP05ED DIV15ION ROAD CON5TRUCTION 5TANDARD5 2TMFNT OF TRANSPORTATION DIVISION ICATE OF APPROVAL COUNTY PLANNING DEPARTMENT DIRECTOR CERTIFICATE D15CLAIMING WATER/ 5EWER 5UITABIL11Y 6 WATER/5EWER AVAILABILITY NOTWITH5TANDING NEW HANOVER COUNTY APPROVAL OF THIS PLAT, LOTS SHOWN ON SAID PLAT MAY NOT RECEIVE HEALTH DEPARTMENT APPROVAL FOR ON STTE SEWAGE 015F09AL 5YSTEM5, NOR FOR INDIVIDUAL WATER 5UPPLY SYSTEM5, NOR DOES SUCH APPROVAL r 1Aeeu FF11 NEW HANOVER COUNTY r� WITH THIS RECORDATION NEW HANOVER COUNTY ACCEPTS THE DEDICATION FOR PUBLIC WATER AND/OR 5EWER PURPOSES. 7-1-08 DATE ENGINEER CC TTY ENGINEER COUNTY OF NEW HANOVER STATE OF NORTH CAROUNA I,�AM d�FG ESS REVIEW OFFICER OF NEW HANOVE1.1 CERTIFY THAT THE MAP OR PLAT TO WHICH THIS CERTIFICATION 15 AFFIXED MEETS ALL REQUIREMENTS FOR RECORDING. — boy REVIEW FFICER NEW HANOVER COUNTY NORTH CAROLINA HOMEOWER5 A550CATION COVENANTS. CONDITIONS AND RE5TRICTION5 FILED FOR REGISTRATION ON THE DAY OF AT (a.mJp.m.) AND DULY RECORDED IN DEED BOOK , AT PAGE FILED FOR REGI5TRATION ON THE _DAY OF -5 .�2008, ATT. 41, AkPM AND DULY RECORDED IN MAP BOOK_5'5_AT PAGE—. S,A,. w 2o08o2S403 REBECCA P. SMITH REGISTER OF DEEDS MAP OF DIV151ON MAY 21, 200E I.G& AC.-L =DANFORD HENDERSON PARKE-PHASE 2 50 0 25 50 100 ATES AT JOHN-90N FARMS F,G. P.=. REV1510N OF LOTS 297-300 - PHASE I Board of Commissior ,jUnSTaA8rj' DEN511Y" I INCH = 50 FEET NEW HANOVER COUNTY, N.C. 0 oANroao. ABsoclAr�uND suRvxnNc. Pc ITFM- R - 1 - 6, mpP booK 53 11(- �Afi<- (- — -7�C3'-'� q,0�� Book 69 Page 106 NEW HANOVER COUNTY NORTH CAROLINA NEW HANOVER COUNTY NORM CAROLINA t a Nallgy L VERNON DERER DANFORD, CERTIFY THAT TH6 PUT WAS DRAWN UNDER MY SUPERVISION THIS PLOT 5 OF A SUM THAT B OF M DMING PARCEL OR PARCELS FROM AN ACRES. SURVEY MALE UNDER MY SUPERWSON (GEED GESCRPNON OF LAND OR ONE OR MORE MGM EASEMDRS AND DOES NOT CREATE NEW HANOVER COUNTY NORM OWATINA S ✓W.m. RECORDED IN B]ON M _PAGE SNOYM ETC(OMER)); THAT BgINDNMS NOT SURVEYED A NEW STREET OR CHANGE AN DUSTING STREET. FOR THE PURPOSES FOR THE PURPOSES OF THIS SUBSECTION, AN'ETTING MEL" OR "DOM FED FOR REGISTRATION ON THE 19 DAY OF �s,wusLaN 9B➢B' q ME CLEARLY WMCATED AS DRAWN FROM INFORMATION FOUND IN BOOK AS PAGES; THAT THE RAT D OF PRECISION OR POSITIONAL ACCURACY M CALCULATED B 1:10000k, EASEMENT' IS AN AREA OF WTI DESCRIBED IN A SINGIE,'UGAL DESCRIPTION OR LEGALLY RECORDED SUBDMSION THAT MAN BEEN OR NAY AT AL11AM/AN AND DWY RECORDED IN MAP 800"&AT PAGE 0U µ SITE v THAT THE PUT WAS PREPARED IN ALCDROMM WITH G.S. 47-30 AS BE LEGALLY CONVEYED DEED A NEW OWNER BY DIN ITS OUSTING WHFl STING CGURATON. w3} �alooay43 MENDED WIINESS MY ORIGINAL SIGNATURE, LICENSE NUMBER AN SEAL lt� TNS 4M DAY OF JANW�' AAD.. 2G20. NL Iw / N TOMSURJEYOR TMMY THEUSCH SNA& VW4(VER REREGISTER OF g S = SHIN Meodow HC 1ANO BYE_ Yu i pAt N.C. PIS NO. L-4528 \ M��^�'f�� Lane e NC PNOFEERESM RVEMR _ SEAL = MO PIS No. L-452B \ OPEN SPACE AND \ V DRAINAGE EASEMENT PARKE \ \ �m AT)y fto LOCATION MAP HENDERSON AT JOHNSON FARMS j� \ eJS.(C C NOT TO scALE PHASE ��1V�' MD PG 76 OP \ HENDERSON PARKE _ jy / AT JOHNSON FARMS S>p• 'lr GrQ \ PHASE 2 / S�4•4054637'�-C �rT� N -, Petitioned Roads. / MAP BOOK 53 PAGE 76 / COMMON AREA 85.98FORTUNE PLACE AT JOHNSON FARMS LEGEND PHASE 2 SECTION ONE / c? MAP BOOK 66 PAGE 236 O =IRON PIPE FOUND (EP) / 332 M dw O 8024\ \ \ p EXISTINGG NAIL CONC.(MONUMENT (ECM)' 0 34 ` - \ _ _ State Maintained CIN GOING. L = CENTERUNEUMENT SE (ECS) / - FOR 0.2 CRES oM o RW=RGH Of WAY z AT T UjVE `Roads . S.D.T. = SIGHT DISTANCE TRIANGLE / 26 Fr. J (G) = N GRID BEARINGS 2 y pHAs �HNS pN PIA c (M) =MAP BEARINGS E FC R ECM S e%w—' �aSe�upvr 2 S7¢ 37E iM) 85 MAp 8p pK 66 T� Ce �E M `7440z4 7279, 24`<�G / 6 IClty Limits of \ 1441 S7. (A�, 84 a5 `p�g Eh'LA1V o'57" G) � Fo�!9 Wilmington. / / 5159 / 40 R 1` 1p•A'ON l L I 201nnIt A�pt / ( AT Do RSp1V� - tow /5167 E J R pNSpN F APK ,-- ` /w / #5171 M8.5,3 2 ARMS 76 / N ,49885.634 fMfNT \ (0) / �y 1.� \ ` E 2333363.6T0' / O 31p,00' O l NOTES 3`Z,9 / / NAD 83 (20,28) rti. C-17 _ !,`\`\ / `—" 1. THIS LOT IS NOT WITHIN A SPECIAL FLOOD HAZARD AREA AS REFERENCED ON FIRM MAP 030 I J O / _ \ \ �Fj g U LI ` C 40� A # 3720313400K EFFECTIVE AUGUST 28. 2018. 2. THIS LOT IS SUBJECT TO ALL EASEMENTS, / 331 � #5158 ��,,` \ \ \ RESTRICTIONS. OR COVENANTS OF RECORD. #5162 \ 3. THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. WHICH MAY REVEAL ADDITIONAL CONVEYANCES. EASEMENTS OR RIGHT OF WAYS NOT SHOWN HEREIN. """"'��v��• .�.,, �'�i/ " V / pry 8 f / 5166 # — _ / \ ° ' 4. NO CEMETERIES WERE EVIDENCED ON THE SITE 'G T \ / 'G / 'O ` � N 149803.694 149803 694 5. SEWER SERVICES PROVIDED BY CAPE FEAR \ � E PUBLIC UTILITYAUTHORITY (CFPUA). 6. WATER SERVICES PROVIDED BY CAPE FEAR \ / ��+� l Q�G� l -58 PUBLIC UTILI7Y AUTHORITY (CFPUA). / `-'" 20.00• #5309 TMOGT_ ON' HE LOT, RIS�OPON: NODS 7. LOCATED \ / Sp6,�g6 U.S. MANY CORPS OF ENGINEERS -WHAHNGTON DISTRICT 3 NOTIFICATION CH JURIOIL`TONAL DETERMINATION ACTION ID. SAW-202G-01135 - \ J e. MFA BY COMPUTER. 9. ALL DISTANCES ARE GROUND HORIZONTAL 10. NC GRID BEARINGS AND COORDINATESARE ` J NORTHECAROLINA VRB USING nSYSTEM. PCON SR. UTILIZING NOTE: / (YO IJ / ✓,S,) / ti 11. ALL BEARINGS ARE MC GRID (HAD 83-20128) EXCEPT AS SHOWN. THE SOLE TORPDSE OF THIS MAP 6 TO RECORD THE BOUNDARY SURVEY PERFORMED AND TO IN BERME TIE 'FUR RE DEVELOPMENT' LOT, AS RECORDED MAP BOOK 53 PAGE 76, AND CONVEYED 'LOT ( / 12. COMBINED FACTOR: t.D0002769 N HORIZON IN HOMES OF WILMINGTON, LLC DEED BOOK 6268 PAGE 94B, TO BE 334'. THE RNA. LOT. THIS IS AN TERN PARCEL AND IS NOT ALTERED, OTHER THAN BEING NAMED. J / RF/ 0- / RECORD MAP OF SURVEY OF JANUARY 4 2020 / DANFORD g�AxgRR4RWW LOT 334 PHASE 2 30 D 15 30 60 &ASSOCIATES HENDERSON PARKE AT JOHNSON FARMS OWNER: HORIZON HOMES OF WILMINGTON, LLC ,A Asua2 RNaxelw,a,aaR.w,a MAPBOOK53PAGE76 DEED BOOK 6268 PAGE 948 117100-003.20000 5151CLOVERLANDWAY 1 INCH = 30 FEET 125 SKYSTASAIL DRIVE FIRN LICIT C-2797 WILMINGTON, NC 28412 emon. eaanromauaaaromsoney;n9.com MASONBORO TOWNSHIP NEW HANOVER COUNTY NORTH CAROLINA ® wro sumeYlxc, Fc oar of Commissioners - June 3, �606K.- 60Ot (D:,ge \(J(-o ITEM: 8 - 1 - 7 J_)a .s /f ✓ 110-6z-6011 NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM North Carolina County of New Hanover Road(s) Description: Cloverland Way, Goodwood Way, and Trumpet Vine Way located in Henderson Parke at The Lakes at Johnson Farms subdivision in New Hanover County (Division File No: 1306-N) WHEREAS, a petition has been filed with the Board of County Commissioners of the County of New Hanover requesting that the above described rood(s), the location of which has been indicated on a map, be added to the Secondary Road System; and WHEREAS, the Board of County Commissioners is of the opinion that the above described rood(s) should be added to the Secondary Road System, if the rood(s) meets minimum standards and criteria established by the Division of Highways of the Department of Transportation for the addition of roads to the System. NOW, THEREFORE, be it resolved by the Board of Commissioners of the County of New Hanover that the Division of Highways is hereby requested to review the above described road(s), and to take over the rood(s) for maintenance if they meet established standards and criteria. CERTIFICATE The foregoing resolution was duly adopted by the Board of Commissioners of the County of New Hanover at a meeting on the 3rd day of June, 2024. WITNESS my hand and official seal this the 3rd day of June, 2024. Kymberleigh G. Crowell, Clerk to the Board New Hanover County Board of Commissioners Form SR-2 Please Note: Forward directly to the District Engineer, Division of Highways. Board of Commissioners - June 3, 2024 ITEM: 8 - 3 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 6/3/2024 Consent DEPARTMENT: County PRESENTER(S): Kemp Burpeau, Senior Deputy County Attorney and Joe Suleyman, Attorney Environmental Management Director CONTACT(S): Kemp Burpeau and Joe Suleyman SU BJ ECT: First Reading: Approval of Solid Waste Franchise for Ideal Trash and Recycling LLC BRIEF SUMMARY: New Hanover County requires a county issued franchise to collect solid waste. Pursuant to New Hanover County Code of Ordinances Chapter 44, Section 44.55, the applicant has provided information about business organization, equipment, personnel, and fiscal responsibility. The environmental management director has no objection to the franchise request. The franchise period would run for seven years. The county currently has 25 active franchise agreements. All franchise agreements shall now include the following requirements: Should franchisee provide curbside collection for services; franchise must also offer customers a curbside recycling option. Staff has reviewed only for compliance with the referenced code. Prospective customers of any hauler must take their own determination as to suitability of provider and services. STRATEGIC PLAN ALIGNMENT: • Good Governance o Effective County Management ■ Increase transparency and awareness about county actions RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the first reading of the franchise award. The matter will be placed on the June 17, 2024 agenda for the required second reading and final approval in accordance with state statute. Upon award after the second reading, the company will provide certificates of insurance, agree to not bring outside waste into the county and to haul all waste to a county designated facility, if required by law. ATTACHMENTS: Solid Waste Franchise Agreement Supporting Document COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approve first reading. Board of Commissioners - June 3, 2024 ITEM: 9 COMMISSIONERS' ACTIONS: Approved (5-0) Board of Commissioners - June 3, 2024 ITEM: 9 New Hanover County Contract # 24-0486 STATE OF NORTH CAROLINA AWARD OF FRANCHISE AGREEMENT FOR COUNTY OF NEW HANOVER SOLID WASTE SERVICES THIS FRANCHISE AGREEMENT made and entered into this the day of 2024, by and between NEW HANOVER COUNTY, North Carolina, a political subdivision of the State of North Carolina, hereinafter called "County" and IDEAL TRASH AND RECYCLING LLC, a North Carolina limited liability company, with its principal mailing address 3033 Lake Forest Drive, Greensboro, North Carolina 27408, hereinafter called "Operator." WITNESSETH WHEREAS, the County has, through the power granted to it under G.S. 153A-136, adopted an ordinance regulating the collection and disposal of solid wastes and requiring that all waste haulers have a license and a franchise in order to operate in the County, in order to provide the residents and commercial customer of the County with reliable, environmentally sound waste disposal now and in the future; and WHEREAS, Operator has contracted with commercial and/or residential customers located in New Hanover County in order to provide solid waste collection and disposal; and NOW THEREFORE, in consideration of the mutual benefits inuring to the parties hereto and based upon the mutual covenants contained herein and the considerations stated herein, the parties do hereby covenant and agree, and County hereby conveys a non- exclusive franchise to Operator, to collect and dispose of solid wastes to commercial and/or residential customers in the County. The parties therefore agree to the following terms and conditions: 1. Terms of Agreement. The initial term of this Franchise Agreement shall be seven (7) years from the date of signing. The Franchise may automatically renew and extend for a subsequent seven (7) year term, contingent upon County Commissioners approval pursuant to G.S. 153A-46. 2. Scope of Services. For the term of this Franchise Agreement, Operator agrees to provide commercial and/or residential customers with solid waste collection and transportation to County -approved disposal sites. 3. Disposal at County -Approved Facilities. Operator agrees to dispose of all waste collected in the County, as part of this franchise agreement, at County -approved facilities consistent with State law. With regard to County -approved facilities, said approval must be obtained by Operator prior to the disposal at said facilities, and said approval shall be granted or denied entirely at the discretion of the County. The County also has the authority to designate which facilities shall be used. 4. Curbside Recycling. Should Operator provide curbside trash collection services, Operator must also offer customer a curbside recycling option. 5. Administration/Billing. All billing of customers shall remain the responsibility of the franchisee. Board of Commissioners - June 3, 2024 ITEM: 9 - 1 - 1 New Hanover County Contract # 24-0486 6. Franchise. It is understood and agreed that all of the terms and conditions of New Hanover County Code Chapter 44, entitled "Solid Waste," pertaining to a franchise for solid waste collections are incorporated herein by reference and made a part hereof as if fully set forth, including but not limited to insurance requirements. 7. Personnel and Equipment. Operator shall equip and maintain all vehicles with staff and equipment to comply with any applicable regulations and laws. 8. Independent Contractor. It is mutually understood and agreed that Operator is an independent contractor and not an agent of the county, and as such, Operator, its agents and employees shall not be entitled to any County employee benefits, and as such, Operator, its agents and employees shall not be entitled to any County employment benefits, such as, but not limited to, vacation, sick leave, insurance, workers' compensation, or pension or retirement benefits. 9. Indemnity. To the extent permitted by law, Operator shall indemnify and hold the County, its agents and employees, harmless against any and all claims, demands, causes of action, or other liability, including attorneys' fees, on account of personal injuries or death or on account of property damages arising out of or relating to the work to be performed by Operator hereunder, resulting from the negligence of or willful act or omission of Operator, its agents, employees and subcontractors. To the extent permitted by law, the County shall indemnify and hold the Operator, its agents and employees, harmless against any and all claims, demands causes of action, or other liability, including attorneys' fees, on account of personal injuries or death or on account of property damages arising out of or related to the solid waste services operated and administered by the County, and resulting from the negligence of or willful act or omission of the County, its agents, employees, and subcontractors. 10. Commercial General Liability. Franchise shall maintain Commercial General Liability (CGL) and if necessary, Commercial Umbrella Liability (CUL) insurance with a total limit of not less than $1,000,000 for each occurrence for bodily injury and property damage. If such CGL insurance contains a general aggregate limit, it shall apply separately to this work or services, or the general aggregate shall be twice the required limit. 11. Business Auto Liability. Operator shall maintain applicable Business Liability and, if necessary, Commercial Umbrella Liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of any auto, including owned, hired, and non -owned autos used in the performance of work or services. 12. Assignment, Contracting_ The parties agree that this agreement is not transferable or assignable by either party without the written consent of the other party to this agreement. Operator shall not subcontract with another entity to perform the services described herein without the approval of the County Manager or his designee. 13. Termination. The franchisee may terminate this franchise upon three hundred sixty-five (365) days written notice, or less notice with the consent of the County. The County may only revoke the franchise for cause as set out in Chapter 44, Board of Commissioners - June 3, 2024 ITEM: 9 - 1 - 2 New Hanover County Contract # 24-0486 "Solid Waste," of the New Hanover County Code. This franchise may be modified or revoked by the County in the event that an ordinance is passed by the Board of Commissioners creating an exclusive franchise system for residential solid waste collection in the unincorporated County. 14. Non -Waiver of Rights. It is agreed that County's failure to insist upon the strict performance of any provision of this agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any rights under this agreement. 15. Equal Opportunity. In connection with the performance of this agreement, Operator agrees not to discriminate against any employee or applicant for employment because of race, religion, color, sex, age, disability, or national origin. 16. Entire Agreement. This agreement constitutes the entire understanding of the parties with regard to the provision of solid waste collection and disposal. No modification of rescission of this agreement shall be effective unless evidenced by a writing signed by both parties to this agreement. 17. E-Verify Compliance. Operator shall fully comply with the U.S. Department of Homeland Security employee legal status E-Verify requirements for itself and all its subcontractors. Violation of the provision, unless timely cured, shall constitute a breach of contract. IN WITNESS THEREOF, the parties have hereunto set their hands and seals by authority duly given on the day and year first above written. STATE OF COUNTY IDEAL TRASH AND RECYCLING LLC Member/Manager (SEAL) I, , a Notary Public of the State and County aforesaid, certify that came before me this day and acknowledged that (s)he is Member/Manager of IDEAL TRASH AND RECYCLING LLC, a North Carolina limited liability company, and that by County duly given and as the act of the corporation, the foregoing instrument was signed and sealed in its name by its Member/Manager. WITNESS my hand and official seal, this day of , 2024. Notary Public My Commission Expires [SEAL] New Hanover County digital signature page attached hereto and incorporated herein by reference. Board of Commissioners - June 3, 2024 ITEM: 9 - 1 - 3 FW: Ideal Trash and Recycling LLC Burpeau, Kemp <KBurpeau@nhcgov.com> Wed 5/8/2024 3:05 PM To:Mineri, Annie <amineri@nhcgov.com> 1 attachments (38 KB) i.ipg; Please add to agenda application. Thank you. Kemp Burpeau County Attorney, Senior Deputy New Hanover County - County Attorney (910) 798-7121 p 1 (910) 798-7844 f KBurpeau@nhcgov.com 230 Government Center Drive, Suite 125 Wilmington, NC 28403 www.NHCgov.com If you have received this message in error, please destroy it without reading, printing, copying, or forwarding. All attorney - client communications must by law be kept confidential. Please let us know of the sending error immediately so we can prevent its re -occurrence. You should send your reply directly to the sender of this message. From: Stephanie Matthews <smatthews@idealtrash.com> Sent: Wednesday, May 8, 2024 1:30 PM To: Burpeau, Kemp <KBurpeau@nhcgov.com> Subject: RE: Ideal Trash and Recycling LLC ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Absolutely! I have attached a picture all of our trucks are 2023 or 2024 they have about 41,000 miles. Stephanie Matthews Exceptional service, by exceptional drivers Address 2311 W Cone Blvd, Suite 140, Greensboro, NC 27408 Phone 336-790-9001 Website www.idealtrashrecvcling.com Leave us a review https://g.pgge/r/CcWcrogau1 B5EBM/review ie f The information and any files contained in this e-mail are intended only for the individual or entity to which it is addressed and may contain confidential, proprietary and/or privileged material. If you are not the intended recipient you should not review, disseminate, distribute or take any action in reliance upon the information. If you received this in error please contact the sender and delete the material from all computers. From: Burpeau, Kemp <KBurpeau nhcgov.com> Sent: Wednesday, May 8, 2024 1:09 PM To: Stephanie Matthews <smatthews@idealtrash.com> Subject: RE: Ideal Trash and Recycling LLC Stephanie, We also need a description, make, year and approximate milage on each vehicle used in your operation. Thank you, Kemp Burpeau Kemp Burpeau County Attorney, Senior Deputy New Hanover County - County Attorney (910) 798-7121 p 1 (910) 798-7844 f KBurpeau@nhcgov.com 230 Government Center Drive, Suite 125 Wilmington, NC 28403 www.NHCgov.com If you have received this message in error, please destroy it without reading, printing, copying, or forwarding. All attorney -client communications must by law be kept confidential. Please let us know of the sending error immediately so we can prevent its re -occurrence. You should send your reply directly to the sender of this message. Stephanie Matthews j,-JOI, Exceptional service, by exceptional drivers Address 2311 W Cone Blvd, Suite 140, Greensboro, NC 27408 Phone 336-790-9001 Website www.idealtrashrecycling.com Leave us a review https://g.page/r/CcWcrogalll B5EBM/review go Board of Commissioners - June 3, 2024 ITEM: 9 - 2 - 1 The information and any files contained in this e-mail are intended only for the individual or entity to which it is addressed and may contain confidential, proprietary and/or privileged material. If you are not the intended recipient you should not review, disseminate, distribute or take any action in reliance upon the information. If you received this in error please contact the sender and delete the material from all computers. From: Stephanie Matthews Sent: Thursday, April 25, 202411:05 AM To: Burpeau, Kemp <KBurpeau nhcgov.com> Subject: RE: Ideal Trash and Recycling LLC Good morning, I have attached the necessary documents. We have 8 employees and 6 roll off trucks, we intend to service all counties in the area. Please let me know if you need anything else. Thanks! Stephanie Matthews Exceptional service, by exceptional drivers Address 2311 W Cone Blvd, Suite 140, Greensboro, NC 27408 Phone 336-790-9001 Website www.idealtrashrecycling.com Leave us a review httpa.//g.pgge/r/CcWcrogalll B5EBM/review Board of Commissioners - June 3, 2024 ITEM: 9 - 2 - 2 Board of Commissioners - June 3, 2024 ITEM: 9 - 2 - 3 8. The maili�address, if different from the street address, of the principal office of the company is: Number and Street: City: State: Zip Code: County: b. ❑ The limited liability company does not have a principal office. Any other provisions which the limited liability company elects to include (e.g., the purpose of the entity) are attached. (Optional): Listing of Company Officials (See instructions on the importance of listing the company officials in the creation document 9. (Optional): Please provide a business e-mail address:p��il The Secretary of State's Office will a -mail the business automatically at the address provided above at no cost when a document is filed. The a -mail provided will not be viewable on the website. For more information on why this service is offered, please see the instructions for this document. 10. These articles will be effective upon filing, unless a future date is specified: �is is the 5th day of October , 2022 . Thurman Boyd Givan IV Signature Thurman Boyd Givan WMember/Organizer Type or Print Name and Title The below space to be used if more than one organizer or member is listed its Item #2 above. Signature Type or Print Name and Title Signature Type or Print Name and Title NOTE: 1. Filing fee is $125. This document trust be filed with the Secretary of State. BUSINESS REGISTRATION DIVISION P.O. BOX 29622 (Revised August. 2017) Raleigh, NC 27626-0622 Form L-01 Board of Commissioners - June 3, 2024 ITEM: 9 - 2 - 4 SOSID, 2$00158 Date hied: 10/6/2022 10:42:00 AM State of North Carolina Elaine F.1larshalt Department of the Secretary of Stal,01 North Carolina Secretary of State C2022 278 11293 Limited Liability Company ARTICLES OF ORGANIZATION Pursuant to §57D 2-20 of the General Statutes of North Carolina, the undersigned does hereby submit these Articles of Organization for the purpose of forming a limited liability company. I . The name of the limited liability company is., Ideal Trash and Recycling LLC (See heat lofthe instructions for appropriate entity desigmatim) The name and address of each person executing these articles of organization is as follows: (State whether each Person is executing these articles of organization in the capacity of a member, organizer or both by checking all applicable boxes.) Note: This d0eument must be signed by all persons listed. Name Business Address Capacity Thunnam BqYd Givan N - 23 11 w Come Blvd, Suite 140 Gmensboro NC, 2740&4000 United States []Member DOrganizer []Member Organizer ❑Member QLhganizer 3. The name of the initial registered agent is: Thurtnan B Givan IV 4. The street address and county of the initial registered agent office of the limited liability company is: Number and Street 3033 Lake Forest Drive City Greensboro State: NC Zi ode: 27408-382 -. pC tounty: Guilford 5. The mailiRg address, if different from the street address, of the initial registered gist agent office is: Number and Street City State: NC Zip Code: _C ounty: 6. Principal office information: (Select either a or b.) a. O he limited liability company has a principal office. The principal office telephone number: (336) 255-8950 The street address and county of the principal office of the limited liability company is: Number and Street: 2311 W Cone Blvd Suite 140 City: Greensboro State: NC Zip Code:2740_ 8` ..4ow sty. Guilford BUSINESS REGISTRATION DIVISION P.O. BOX 29622 (Revised August 2017) Raleigh, NC 27626-0622 Form L-01 Board of Commissioners - June 3, 2024 ITEM: 9 - 2 - 5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 6/3/2024 Regular DEPARTMENT: Diversity & PRESENTER(S): Woody Goff, Executive Director of the LGBTQ Center of the Cape Equity fear Coast CONTACT(S): Linda Thompson, N HC Chief Diversity and Equity Officer SU BJ ECT: Consideration of New Hanover County Pride Month Proclamation BRIEF SUMMARY: The month of June 2024 is recognized as Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) Pride Month. This month is dedicated to raising awareness, providing support, and advocating for the LGBTQ community. It is observed to honor the history of the LGBTQ liberation movement and to support the rights of all citizens to experience equality and freedom from discrimination. All human beings are born free and equal in dignity and rights. LGBTQ individuals have had an immeasurable impact on the cultural, civic, and economic successes of our country. Celebrating Pride Month aligns with the New Hanover County strategic goals of ensuring that residents feel supported and connected to their community. STRATEGIC PLAN ALIGNMENT: • Community Safety & Well-being o Residents feel supported and connected to their community ■ Build relationships and create opportunities that enhance engagement for a diverse community. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt proclamation and present to the LGBTQ Center of the Cape Fear Coast representatives. ATTACHMENTS: Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend adopt proclamation. COMMISSIONERS' ACTIONS: Adopted proclamation 5-0. Board of Commissioners - June 3, 2024 ITEM: 10 NEW HANOVER COUNTY BOARD OF COMMISSIONERS PRIDE MONTH PROCLAMATION WHEREAS, the New Hanover County Board of Commissioners recognizes and proclaims the month of June 2024 as Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) Pride Month throughout New Hanover County; and WHEREAS, New Hanover County observes Pride Month to honor the history of the LGBTQ liberation movement and to support the rights of all citizens to experience equality and freedom from discrimination; and WHEREAS, all human beings are born free and equal in dignity and rights, and LGBTQ individuals have had an immeasurable impact on the cultural, civic, and economic successes of this country; and WHEREAS, New Hanover County is committed to supporting visibility, dignity, and equality for LGBTQ people in its diverse community; and WHEREAS, while society at large increasingly supports LGBTQ equality, it is essential to acknowledge that the need for education and awareness remains vital to ending discrimination and prejudice; and WHEREAS, this nation was founded on the principle that every individual has infinite dignity and worth, and New Hanover County calls upon the people of this community to embrace this principle and work to eliminate prejudice wherever it exists; and WHEREAS, celebrating Pride Month raises awareness and provides support and advocacy for New Hanover County's LGBTQ community, and is an opportunity to take action and engage in dialogue to strengthen alliances, build acceptance, and advance equal rights. NOW, THEREFORE, BE IT PROCLAIMED that the New Hanover County Board of Commissioners hereby proclaims the month of June 2024 as Pride Month in support of the LGBTQ community. ADOPTED this 3d day of June, 2024. NEW HANOVER COUNTY William E. Rivenbark, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - June 3, 2024 ITEM: 10- 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 6/3/2024 Regular DEPARTMENT: Planning PRESENTER(S): Love Ott, Development Review Planner CONTACT(S): Love Ott; Robert Farrell, Development Review Supervisor; Rebekah Roth, Planning & Land Use Director SU BJ ECT: Public Hearing Rezoning Request (Z24-03) — Request by Cindee Wolf with Design Solutions, applicant, on behalf of Littlebird Properties, LLC, to rezone approximately 4.93 acres at 3121 Castle Hayne Road from B-1, Neighborhood Business, and R-20, Residential to (CZD) B-2, Regional Business for two commercial structures totaling a maximum of 19,150 square feet for Contractor Office and other limited uses BRIEF SUMMARY: The applicant is proposing to rezone approximately 4.93 acres from B-1, Neighborhood Business, and R-20 Residential to (CZD) B-2, Regional Business. The proposed rezoning is intended to construct one building designated for a contactors office/garage at a maximum of 7,150 square feet. The project also includes a maximum of 12,000 square feet in commercial flex space. The R-20 district was established in 1974 to ensure that housing served by private septic and wells would be developed at low densities. The front 1.62 acres of the property was rezoned B-1 in 2001. The rezoning request was for approximately seven acres starting at the Rockhill Road and Castle Hayne Road intersection to the subject property. The purpose of the rezoning was to provide adequate service for the surrounding community. As currently zoned, the subject site would allow six single-family dwelling units in the R-20 zoning district. In the B-1 zoning district, a 12,545 square foot building would be allowed. Currently, the site has one single-family dwelling unit, which will be removed if approved. The purpose of the B-2 district is to provide for the proper site layout and development of larger format or larger structure size business uses, including big -box stores and automobile dealers. It is also designed to provide for the appropriate location and design of auto -oriented uses that meet the needs of the motoring public or that rely on pass - by traffic. The Unified Development Ordinance (UDO) includes site design standards related to buffers and lighting. A Type A opaque buffer is required along the southern and western properties abutting residential properties, and the applicant has agrees to a condition guaranteeing retention of the existing vegetation to meet the buffer requirements. A 50-foot wide stream buffer is required between the proposed structures and the Ness Creek Tributary. There is AE Floodplain and AE Floodway on the property corresponding with the run of Ness Creek. No structures are proposed in the floodplain areas however the concept plan includes stormwater ponds in the floodplain. Any work in the floodplain must comply with Article 9 of the UDO and obtain a flood development permit from the Planning Department. Board of Commissioners - June 3, 2024 ITEM: 11 It is estimated the site would generate approximately 19 AM and 18 PM peak hour trips if developed in the current zoning of B-1. In the R-20 zoning district the site would generate approximately 4 AM and 6 PM peak hour trips. The proposed (CZD) B-2 development is estimated to generate 86 AM and 53 PM peak hour trips, increasing the estimated number of peak hour trips by approximately 63 AM and 30 PM trips. The estimated traffic generated from the site is under the 100 peak hour threshold that triggers the ordinance requirement for a Traffic I mpact Analysis (TIA). While the area is primarily a mix of lower density residential districts such as R-20, the front portion of the parcel is already zoned commercial B-1. The Castle Hayne corridor has seen an increasing shift towards more commercial districts and uses, a trend that is expected to continue. The Strategic Plan aims to prepare for the long-term needs of businesses and to maintain new business growth within 2.5% of the state. The proposed commercial zoning district will enable new businesses. The 2016 Comprehensive Land Use Plan (Comprehensive Plan) designates this property as Community Mixed Use and General Residential. Community Mixed Use promotes small-scale mixed use development patterns that provide a transition from lower density commercial uses along a commuter corridor, to more dense residential districts to the south and west. The General Residential place type focuses on lower -density housing, strategically located commercial services are identified as potential uses. The proposed rezoning request is generally CONSISTENT with the Comprehensive Plan because the proposed use and intensity align with the existing development patterns along the commercial corridor, serving nearby residents and supporting the recommendations of the Community Mixed Use and General Residential place type. The Planning Board considered this application at the May 2, 2024 meeting. There was one person who spoke in support of the request. He spoke in support of new commercial development along Castle Hayne Road to service the surrounding community. The Planning Board voted (6-0) to recommend approval of the petition with an added condition stating no contractor office with outdoor storage east of the Ness Creek Tributary will be allowed. The Planning Board found the application CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed scale and density will provide a transition from a commercial corridor to residential districts. The Planning Board also found recommending APPROVAL of the rezoning request was reasonable and in the public interest because the proposed project is in line with current development patterns in the county. Recommended Conditions: 1. The proposed use of a restaurant will have a cap of 3,000 square feet. Any change in square footage must be reviewed and approved by the County in order to verify compliance with the zoning district standards. 2. Permitted Uses shall be limited to: a. Animal Grooming/Veterinary (Kennel or Daycare prohibited) b. Business Service Center c. Contractor Office d. Offices for Private Businesses & Professional Activities e. General, Personal Services (Tattoo Parlors prohibited) f. Instructional Services & Studios g. General, Retail Sales h. Restaurant 3. Pedestrian access will be provided from Haven Place to the proposed flex space commercial structure as shown on Board of Commissioners - June 3, 2024 ITEM: 11 the concept plan. 4. The existing vegetation as shown on the concept plan will be retained to meet the Type A opaque buffer requirement. 5. A Type A buffer shall be provided along the southern boundary of the parcel adjacent to parcels zoned R-10. 6. A SO -foot wide stream buffer is required between the proposed structures and the Ness Creek Tributary as shown on the concept plan. 7. No Contractor Office with outdoor storage shall be allowed east of the Ness Creek Tributary. STRATEGIC PLAN ALIGNMENT: • Workforce & Economic Development o A business -friendly environment that promotes growth, agility, and collaboration. ■ Plan for the long-term needs of businesses through timely, innovative programs and community partnerships. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff's recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning considerations, and technical review. Following the Planning Board meeting, the language of condition 7 was reviewed by the applicant. After additional review, staff and the applicant recommend amending condition 7 further, prohibiting all outdoor storage east of the Ness Creek Tributary. The proposed site plan and restricted uses are supported by the recommended Community Mixed Use and General Residential in the County's 2016 Comprehensive Plan. As a result, Staff recommends approval of the proposal and suggests the following motion: I move to recommend APPROVAL of the proposed rezoning. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed scale and density will provide an adequate transition from a commercial corridor to residential districts. I also find recommending APPROVAL of the rezoning request is reasonable and in the public interest because the proposed concept plan is in line with current development patterns with the following conditions: Proposed Conditions: 1. The proposed use of a restaurant will have a cap of 3,000 sq. ft. Any change in square footage must be reviewed and approved by the County in order to verify compliance with the zoning district standards. 2. Permitted Uses shall be limited to: a. Animal Grooming/Veterinary (Kennel or Daycare prohibited) b. Business Service Center c. Contractor Office d. Offices for Private Businesses & Professional Activities e. General, Personal Services (Tattoo Parlors prohibited) f. Instructional Services & Studios g. General, Retail Sales h. Restaurant 3. Pedestrian access will be provided from Haven Place to the proposed flex space commercial structure as shown on the concept plan. 4. The existing vegetation as shown on the concept plan will be retained to meet the Type A opaque buffer Board of Commissioners - June 3, 2024 ITEM: 11 requirement. S. A Type A buffer shall be provided along the southern boundary of the parcel adjacent to parcels zoned R-10. 6. A 50' wide stream buffer is required between the proposed structures and the Ness Creek Tributary as shown on the concept plan. 7. No business east of the Ness Creek Tributary shall be allowed outdoor storage. Alternative Motion for DENIAL (if based on information presented at the public hearing or other consideration beyond the scope of staff review, the board finds denial appropriate.) I move to recommend DENIAL of the proposed zoning. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed uses are in line with the recommendations of the Community Mixed Uses and General Residential place type and the proposed development is in line with the intensity of development in the area, I find recommending DENIAL of the rezoning request is reasonable and in the public interest because of the project's impact on adjacent residential uses. ATTACHMENTS: Z24-03 BOC Script Z24-03 BOC Staff Report Z24-03 Zoning Map Z24-03 Future Land Use Map Z24-03 Mailout Map Z24-03 Application Cover Sheet Z24-03 Application Z24-03 Concept Plan Cover Sheet Z24-03 Concept Plan Z24-03 Public Comment Staff Presentation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval with staff proposed conditions. COMMISSIONERS' ACTIONS: Approved with staff proposed conditions (5-0) Board of Commissioners - June 3, 2024 ITEM: 11 BOARD OF COMMISSIONERS SCRIPT for Zoning Map Amendment Application (Z24-03) Request by Cindee Wolf with Design Solutions, applicant, on behalf of Littlebird Properties, LLC, property owner, to rezone approximately 4.93 acres zoned B-1, Neighborhood Business and R-20, Residential located at 3121 Castle Hayne Road to (CZD) B-2, Regional Business for two commercial structures totaling a maximum 19,150 square feet for the use of Contractor Office and other limited uses. 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 an additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant's presentation and supporter comments (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) f. Staff review of any additional conditions 3. Close the public hearing 4. Board discussion 5. Before we proceed with the vote, I would like to invite the applicant to the podium. Based on the Board discussion and items presented during the public hearing, would you like withdraw your petition or proceed with a vote? 6. Vote on the application. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why approval or denial of the rezoning request is reasonable and in the public interest. Example Motion for Approval I move to APPROVE of the proposed rezoning to a (CZD) B-2. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed scale and density will provide an adequate transition from a commercial corridor to residential districts. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposed concept plan is in line with current development patterns with the following conditions. Proposed Conditions: 1 1. The proposed use of a restaurant will have a cap of 3,000 sq. ft. Any change in square footage must be reviewed and approved by the County in order to verify compliance with the zoning district standards. 2. Permitted Uses shall be limited to: a. Animal Grooming/Veterinary (Kennel or Daycare prohibited) b. Business Service Center Board of Commissioners - June 3, 2024 ITEM: 11- 1 - 1 c. Contractor Office d. Offices for Private Businesses & Professional Activities e. General, Personal Services (Tattoo Parlors prohibited) f. Instructional Services & Studios g. General, Retail Sales h. Restaurant 3. Pedestrian access will be provided from Haven Place to the proposed flex space commercial structure as shown on the concept plan. 4. The existing vegetation as shown on the concept plan will be retained to meet the Type A opaque buffer requirement. 5. A Type A buffer shall be provided along the southern boundary of the parcel adjacent to parcels zoned R-10. 6. A 50' wide stream buffer is required between the proposed structures and the Ness Creek Tributary as shown on the concept plan. 7. No Contractor Office with outdoor storage shall be allowed east of the Ness Creek Tributary. Approval is subject to the applicant signing an agreement acknowledging the applicant's consent to all listed conditions. If the applicant does not provide a signed agreement within seven (7) business days from the date of approval, then the rezoning application approval is null and void. Alternative Motion for DENIAL (if based on information presented at the public hearing or other consideration beyond the scope of staff review, the board finds denial appropriate.) I move to DENY of the proposed rezoning to a (CZD) B-2. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed uses are in line with the recommendations of the Community Mixed Use and General Residential place types and the proposed development is in line with the intensity in the area. I also find DENIAL of the rezoning request is reasonable and in the public interest because of the project's impacts on adjacent residential uses. Alternative Motion for Approval/Denial: I move to RECOMMEND Approve/Deny of the proposed rezoning to a conditional (CZD) B-2 district. I find it to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] I also find RECOMMENDING Approval/Denial of the rezoning request is reasonable and in the public interest because [insert reasons] Board of Commissioners - June 3, 2024 ITEM: 11- 1 - 2 STAFF REPORT FOR Z24-03 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z24-03 Request: Rezoning to a Conditional B-2district Applicant: Property Owner(s): Cindee Wolf, Design Solutions Littlebird Properties LLC Location: Acreage: 3121 Castle Hayne Road 4.98 PID(s): Comp Plan Place Type: R02519-001 -01 2-000 Community Mixed -Use and General Residential Existing Land Use: Proposed Land Use: Flex Space, max 12,000 sq. ft. and Office/Garage, max 7,150 sq. ft. with uses limited to: Animal Grooming/Veterinary (w/Kennel or Single Family Residence Daycare Prohibited), Business Service Center, Contractor Office, Offices for Private Business & Professional Activities, Personal Services, General (w/Tattoo Parlors Prohibited), Instructional Services & Studios, Retail Sales, General, Restaurant Current Zoning: Proposed Zoning: B-1, Neighborhood Business and R-20, (CZD) B-2, Regional Business Residential 20 LAND USE II ;`� I; -�T j-'I�-i_---T -'-----�,I unity Ct 1 °� ------ O c � i— —= - �--•- suture Land Use r OEh7ERAL F(ESIDEhlTIAL C �v COMMUNITY MIXED USE • �, 1 1 SURROUNDING AREA LAND USE ZONING North Detached Single Family Residential and Vacant B-1, R-20 Wooded Land Z24-03 Staff Report BOC 6.3.2024 Page 1 of 15 Board of Commissioners - June 3, 2024 ITEM: 11- 2 - 1 East Detached Single Family Residential and Agricultural Land R-20 Future Detached Single Family Residential (Haven South Place Subdivision) and Future Location of a New R-10 Hanover County Fire Station Detached Single Family Residential and Vacant West R-20 Wooded Land �- -- � ` North �r { site w 7 'Old Mill`Rd ZONING HISTORY July 1, 1974 Initially zoned R-20 (Area l0A) January 8, 2001 Front portion of the property rezoned B-1 COMMUNITY SERVICES Water/Sewer Public water and sewer services are available through CFPUA. New Hanover County Fire Services, New Hanover County Northern Fire Fire Protection District, New Hanover County Wrightsboro Station and the future adjacent Castle Hayne Road Station Schools Wrightsboro Elementary, Holly Shelter Middle, and New Hanover High School Recreation Optimist Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Z24-03 Staff Report BOC 6.3.2024 Page 2 of 15 Board of Commissioners - June 3, 2024 ITEM: 11- 2 - 2 APPLICANT'S PROPOSED CONCEPTUAL PLAN Epl(erege N a Fenced Outdoor Storage Vl�il77 l f} ( ----- --r—�` L_------ --- -- 2p aufferYard - r f+ Cape Fear Habitat for Humanity Development i Pedestrian Connection Applicant's Concept Plan - Includes Staff Markups Future New Hanover County Fire station �y • The applicant is proposing to remove the existing single-family home and construct two commercial structures accessed by an internal private drive. • The applicant, Rainstorm Solutions, a local landscape contractor, is proposing to relocate their contractor's office, workshop, and outdoor storage to a maximum 7,150 sq. ft. building on the western side of the parcel. • The request includes a maximum of 12,000 sq. ft. commercial structure on the eastern portion of the property along Castle Hayne Road. This structure is proposed for flex space. The conditioned limited uses for the flex space include: animal grooming/veterinary (kennel or daycare prohibited), business service center, contractor office, offices for private business & professional activities, general personal services (tattoo parlors prohibited), instructional services & studios, general retail sales, and restaurant. • A condition states the proposed use of a restaurant will have a cap of 3,000 sq. ft. • The flex commercial space is located on the eastern portion of the parcel along Castle Hayne Road and will face the parking area to the south. Just west of the flex space is a stormwater pond. On the rear or western side of the parcel is the contractor's office and the garage, the fenced outdoor storage is directly behind. In front of the office is a stormwater pond. • The applicant has agreed to a condition that would limit outdoor storage associated with a contractor office to the western portion of the parcel. Z24-03 Staff Report BOC 6.3.2024 Page 3 of 15 Board of Commissioners - June 3, 2024 ITEM: 11- 2 - 3 • Following discussions between the applicant and Habitat for Humanity, pedestrian access was provided from Haven Place to the proposed flex space commercial structure. A condition has been included guaranteeing pedestrian access. • A Type A opaque buffer is required along the southern and western property boundaries abutting residentially zoned parcels. The applicant proposes to use existing vegetation on the western and part of the southern portion of the parcel to meet the buffer requirement. A condition has been included guaranteeing retention of the existing vegetation to meet the buffer requirements. • Because the parcel for the future fire station is zoned R-10 and is currently undeveloped, a Type A opaque buffer would be required along the common property boundary. If the fire station is developed before the proposed project, a landscape buffer would not be required. • A condition has been included guaranteeing the installation of a Type A opaque buffer along the shared property line with the future fire station site. • A 50' wide stream buffer is required between the proposed structures and the Ness Creek Tributary as shown on the concept plan. ZONING CONSIDERATIONS • The front 1.62 acres of the property was rezoned B-1 in 2001. The rezoning request was for approximately seven acres starting at the Rockhill Road and Castle Hayne Road intersection to the subject property. The purpose of the rezoning was to provide adequate service for the surrounding community. • The R-20 district was established in 1974 to ensure that housing served by private septic and wells would be developed at low densities. • As currently zoned B-1, the subject site would allow an average buildout of 12,545 sq. ft. The R-20 portion of the site would be permitted up to 6 units per acre at a density of 1.9 du/ac under performance development standards. • The purpose of the B-2 district is to provide for the proper site layout and development of larger format or larger structure size business uses, including big box stores and automobile dealers. It is also designed to provide for the appropriate location and design of auto - oriented uses that meet the needs of the motoring public or that rely on pass -by traffic. • The applicant has included pedestrian connection from the Cape Fear Habitat for Humanity Development to allow the residents access to the site. • There is AE Floodplain and AE Floodway on the property corresponding with the run of Ness Creek. No structures are proposed in the floodplain areas however the concept plan includes stormwater ponds in the floodplain. Any work in the floodplain must comply with Article 9 of the UDO and obtain a flood development permit from the Planning Department. • The UDO contains controls on exterior lighting on the site, and the maximum illumination levels at the common property line with the residential properties to the west shall not exceed 0.5-foot candles and 25 feet in height. The UDO specifies that all exterior luminaries for nonresidential adjacent to single-family residential subdivisions shall be full Z24-03 Staff Report BOC 6.3.2024 Page 4 of 15 Board of Commissioners - June 3, 2024 ITEM: 11- 2 - 4 cut-off features that are directed downward. In no case shall lighting be directed at or above a horizontal plan through the lighting fixture. • If approved, the project would be subject to the Technical Review Committee and zoning compliance review processes to ensure full compliance with all ordinance requirements and specific conditions included in the approval. Only minor deviations from the approved conceptual plan, as defined by the UDO, would be allowed. AREA DEVELOPMENTS Habitat For Humanity 1 Mile Radius.A- i •.•• STIR' Project_ Approved TIA — Subdivisions Undert- Construction Y Villas At Subject Site _,� i • Mess.Creek Z24-03 Staff Report BOC 6.3.2024 North Covenant he� �J tCovenan, Page 5 of 15 Board of Commissioners - June 3, 2024 ITEM: 11- 2 - 5 TRANSPORTATION Site Access N " J (j) n - - cn w o' L' r m M Primary Access: Castle Hayne Rd SW AR-p��L.LE Rfl llN11 CT o z i �--OLD-MILL RD----- � -- OAKLEY_RD CURRENT CONDITIONS Intensity of Current Zoning Typical development under current zoning 13-1 would allow a maximum building of 12,545 SF. Typical development under current zoning R-20 would allow a maximum of 6 single-family dwelling units. PROPOSED ACCESS Primary Access Castle Hayne Road via a right -in, right -out driveway. Secondary Access N/A EXISTING ROADWAY CHARACTERISTICS Affected Roadway Castle Hayne Road Type of Roadway NCDOT minor arterial Z24-03 Staff Report BOC 6.3.2024 Page 6 of 15 Board of Commissioners - June 3, 2024 ITEM: 11- 2 - 6 Roadway Planning 16,804 Capacity (AADT) Latest Traffic Volume 14,500 (AADT) Latest WMPO Point -in- 17,995 Time Count (DT) Current Level of Approaching Capacity Congestion Source of Planning Capacity: WMPO Sources Source of Latest Traffic Volume: 2021 Source of WMPO Point -in -Time County: 2022 NEARBY NCDOT STIP ROADAWAY PROJECTS U-5863 — Castle Hayne - Widen Castle Hayne Road into multi -lanes from 1-140 to Road Widening Division Drive. Right-of-way acquisition and utilities is currently (Unfunded at this time, post scheduled to take place in FY 2025, with construction 2029 completion) beginning after 2029. TRAFFIC GENERATION Traffic Traffic Traffic Generated Generated by Generated Potential Impact of by Present Present Proposed Proposed Designation Designation D Designation Designation (B-1) (R-20) AM Peak Hour Trips 19 4 86 +63 PM Peak Hour Trips 18 6 53 +30 Typical Development with Existing Zoning — 6 single family detached dwellings in the R-20 zoning district. Maximum 12,454 sq. ft. commercial Assumptions building in the B-1 zoning district. Proposed Development — Maximum 12,000 sq. ft. of "flex" commercial space and maximum 7,150 sq. ft. of office/garage. Sources Source of Trip Generation: ITE Trip Generation Manual, 1 1'h Ed. TRAFFIC IMPACT ANALYSIS (TIA) The estimated traffic generated from the site is under the 100 peak hour threshold that triggers the ordinance requirement for a Traffic Impact Analysis (TIA). Z24-03 Staff Report BOC 6.3.2024 Page 7 of 15 Board of Commissioners - June 3, 2024 ITEM: 11- 2 - 7 KNUIVU-111v 1 The proposed project is located along a minor arterial road that is currently approaching capacity. The Castle Hayne Road widening project would theoretically decrease congestion in the area; however, it is unfunded at this time. There are a few other projects currently under review or development in the vicinity; and while their traffic analyses did not take this proposal into account, all were developed to take into account general traffic growth in the area. While a TIA would not be required for development of the site, there is a condition that states the proposed use of a restaurant, the highest traffic generator, will have a cap of 3,000 sq. ft. The site must be reviewed and approved through the NCDOT driveway permit process. Preliminary review comments from NCDOT indicate their preference for the proposed driveway location. ENVIRONMENTAL • The property contains an AE Special Flood Hazard Area along the northern boundary; however, no buildings are proposed within it. • The property is within the Ness Creek watershed. • The property is not within a Natural Heritage Area. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class II (Moderate Limitation) soils. The project is proposed to connect to CFPUA public sewer. OTHER CONSIDERATIONS New Hanover County Strategic Plan On July 17, 2023 the Board of Commissioners adopted a new strategic plan for Fiscal Years 2024- 2028. This plan focuses on three core areas: workforce and economic development, community safety and well-being, and sustainable land use and environmental stewardship. Strategic Plan Outcomes Relevant to Proposal Analysis The proposed (CZD) B-2 rezoning will allow Through planned growth and development, businesses that can support the surrounding community to be located along a minor roadway residents have access to their basic needs. corridor and in a close proximity to a number of current and future households. The plan aims to prepare for the long-term needs A business -friendly environment that promotes of businesses and to maintain new business growth within 2.5% of the state. The proposed growth, agility, and collaboration. commercial zoning district will enable new businesses. Z24-03 Staff Report BOC 6.3.2024 Page 8 of 15 Board of Commissioners - June 3, 2024 ITEM: 11- 2 - 8 Representative Developments Representative Developments of R-20 and B-1: Holland Drive (R-20) Masonboro Station (B-1) Z24-03 Staff Report BOC 6.3.2024 Page 9 of 15 Board of Commissioners - June 3, 2024 ITEM: 11- 2 - 9 Representative Developments of (CZD) B-2: - —, Murrayville Station Business Park — Exchange Drive Freedom Lawns Landscaping Contractor's Office Context and Compatibility • The property is located along Castle Hayne Road, a minor arterial road just north of Wrightsboro and right at the intersection of Castle Hayne Road and Swartville Road. • The Castle Hayne corridor on which the parcel is located, has similar parcels that have been rezoned to CB, B-1, B-2, and 0&1 districts in nearby Wrightsboro commercial node from the original R-20 zoning district. Therefore, the proposed use and intensity aligns with the surrounding development pattern. Z24-03 Staff Report BOC 6.3.2024 Page 10 of 15 Board of Commissioners - June 3, 2024 ITEM: 11- 2 - 10 • While the area is primarily a mix of lower density residential districts such as R-20, the front portion of the parcel is already zoned commercial B-1. The Castle Hayne corridor has seen an increasing shift towards more commercial districts and uses, a trend that is expected to continue. • Residential growth in the area as well as expanded transportation network on 1-140 has increased the demand for commercial services along Castle Hayne Road. A future NCDOT project to widen Castle Hayne Road to alleviate congestion and prepare for expected future growth has been included in the STIP but is currently unfunded. • The applicant's concept plan includes existing vegetation that will be preserved and used as a type "A" buffer along the rear and side property lines. As well as a 20' buffer along the property lines. The Ness Creek Tributary is protected by a 50' stream buffer as shown on the concept plan. • Due to the site's proximity to adjacent future single-family residential to the south, the design of lighting associated with the businesses use may need additional consideration to ensure compatibility. 2016 COMPREHENSIVE 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. LAND USE _-,,-,--� , I-- - �_-----�{{ ---- ,--- - -- - - �- - ---- I L--�__i - - - Ji i Noun i �.I �vartville RryJ - - - - - i Unity Ct li -------•� -�jture Land Use rD �Id_Milf y G ENE RAL RES I DEN TI A L COMMUNITY MIXED US,_ it � i �I------r� � � !� I I I -� `'• 'V i '> _ �-r" � �� Z24-03 Staff Report BOC 6.3.2024 Page 11 of 15 Board of Commissioners - June 3, 2024 ITEM: 11- 2 - 11 Future Land Use Map Place Type General Residential and 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. General Residential: Focuses on lower -density housing and associated civic and commercial services. Typically, housing is single-family or duplexes. Commercial uses should be limited to strategically located office and retail spaces, while recreation and school facilities are encouraged throughout. Types of uses include single-family residential, low -density multi -family, residential, light Place Type commercial, civic, and recreational. Description Community Mixed Use: Focuses on small-scale, compact, mixed use development patterns that serve all modes of travel and act as an attractor for county residents and visitors. Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi -family and single-family residential. The proposed development is located along the Castle Hayne Road corridor at the intersection of Castle Hayne Road and Swartville Road. Expansion of Castle Hayne Road is a proposed project being considered by NCDOT. Surrounded by residential districts, the parcel is in close proximity to the population the businesses will employ and serve. Locating commercial use along the roadway provides an appropriate density transition to the adjacent residential districts. A goal of the Community Mixed Use place type is to promote small-scale mixed use development patterns such as the proposed rezoning that provide a transition from lower intensity commercial uses along a commuter corridor, Analysis to more dense residential districts to the south and west. Conditions have been provided which assure adjacent property owners a concept plan which considers noise and traffic and a list of approved uses which will support the surrounding community. The types of uses conditioned are in line with the Comprehensive Plan place type suggested businesses and density. While the General Residential place type focuses on lower -density housing, strategically located commercial services are identified as potential uses. The proposal has been designed uses to locate the less intensive contactor's office use on the western portion of the site, and the applicant is proposing a pedestrian connection to the adjacent residential project to allow easier to access to the commercial services. Z24-03 Staff Report BOC 6.3.2024 Page 12 of 15 Board of Commissioners - June 3, 2024 ITEM: 11- 2 - 12 The proposed rezoning request is generally CONSISTENT with the 2016 Consistency Comprehensive Plan because the proposed use and intensity align with the Recommendation existing development patterns along the commercial corridor, serving nearby residents and supporting the recommendations of the Community Mixed Use and General Residential place type. PLANNING BOARD MEETING The Planning Board considered this application at the May 2, 2024 meeting. There was one person who spoke in support of the request. He spoke in support of new commercial development along Castle Hayne Road to service the surrounding community. The Planning Board voted (6-0) to recommend approval of the petition with an added condition stating that no contractor office with outdoor storage east of the Ness Creek Tributary will be allowed. The Planning Board found the application CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed scale and density will provide a transition from a commercial corridor to residential districts. The Planning Board found recommending APPROVAL of the rezoning request was reasonable and in the public interest because the proposed project is in line with current development patterns in the county. Recommended Conditions 1. The proposed use of a restaurant will have a cap of 3,000 sq. ft. Any change in square footage must be reviewed and approved by the County in order to verify compliance with the zoning district standards. 2. Permitted Uses shall be limited to: a. Animal Grooming/Veterinary (Kennel or Daycare prohibited) b. Business Service Center c. Contractor Office d. Offices for Private Businesses & Professional Activities e. General, Personal Services (Tattoo Parlors prohibited) f. Instructional Services & Studios g. General, Retail Sales h. Restaurant 3. Pedestrian access will be provided from Haven Place to the proposed flex space commercial structure as shown on the concept plan. Z24-03 Staff Report BOC 6.3.2024 Page 13 of 15 Board of Commissioners - June 3, 2024 ITEM: 11- 2 - 13 4. The existing vegetation as shown on the concept plan will be retained to meet the Type A opaque buffer requirement. 5. A Type A buffer shall be provided along the southern boundary of the parcel adjacent to parcels zoned R-10. 6. A 50' wide stream buffer is required between the proposed structures and the Ness Creek Tributary as shown on the concept plan. 7. No Contractor Office with outdoor storage shall be allowed east of the Ness Creek Tributary. STAFF RECOMMENDATION Staff's recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning considerations, and technical review. Following the Planning Board meeting, the language of condition 7 was reviewed by the applicant. After additional review, staff and the applicant recommend amending condition 7 further, prohibiting all outdoor storage east of the Ness Creek Tributary. The proposed site plan and restricted uses are supported by the recommended Community Mixed Use and General Residential in the County's 2016 Comprehensive Plan. As a result, Staff recommends approval of the proposal and suggests the following motion: I move to recommend APPROVAL of the proposed rezoning. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed scale and density will provide an adequate transition from a commercial corridor to residential districts. I also find recommending APPROVAL of the rezoning request is reasonable and in the public interest because the proposed concept plan is in line with current development patterns with the following conditions: Proposed Conditions: 1. The proposed use of a restaurant will have a cap of 3,000 sq. ft. Any change in square footage must be reviewed and approved by the County in order to verify compliance with the zoning district standards. 2. Permitted Uses shall be limited to: i. Animal Grooming/Veterinary (Kennel or Daycare prohibited) j. Business Service Center k. Contractor Office I. Offices for Private Businesses & Professional Activities m. General, Personal Services (Tattoo Parlors prohibited) n. Instructional Services & Studios o. General, Retail Sales p. Restaurant Z24-03 Staff Report BOC 6.3.2024 Page 14 of 15 Board of Commissioners - June 3, 2024 ITEM: 11- 2 - 14 3. Pedestrian access will be provided from Haven Place to the proposed flex space commercial structure as shown on the concept plan. 4. The existing vegetation as shown on the concept plan will be retained to meet the Type A opaque buffer requirement. 5. A Type A buffer shall be provided along the southern boundary of the parcel adjacent to parcels zoned R-10. 6. A 50' wide stream buffer is required between the proposed structures and the Ness Creek Tributary as shown on the concept plan. 7. No business east of the Ness Creek Tributary shall be allowed outdoor storage. Alternative Motion for DENIAL (if based on information presented at the public hearing or other consideration beyond the scope of staff review, the board finds denial appropriate.) I move to recommend DENIAL of the proposed rezoning. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed uses are in line with the recommendations of the Community Mixed Use and General Residential place type and the proposed development is in line with the intensity of development in the area, I find recommending DENIAL of the rezoning request is reasonable and in the public interest because of the project's impact on adjacent residential uses. Z24-03 Staff Report BOC 6.3.2024 Page 15 of 15 Board of Commissioners - June 3, 2024 ITEM: 11- 2 - 15 Case: Site Address: Existing Zoning/Use: Z24-03 3121 Castle Hayne Road B-1 & R-20 ZOning B-1 B-2 0 I-1 R-10 0 R-20 0 Z24-03 Site Proposed Zoning/Use: N (CZD) B-2 J4 Mssione - June 3, ITEM: 11- 3 - Case: Site Address: Existing Zoning/Use: onin_ /q Use: Proposed Zoning/Use: N Z24-03 3121 Castle Hayne Road B-1 & R-20 (CZD) B-2 n �I V Ro_ckhill-Rd site SWar,C a -Rd - Unity Ct Qld_Mill-Rd o /ea < v� Future Land Use �a GENERAL RESIDENTIAL a COMMUNITY MIXED USE �d H— a nd 1) . Cr 0 Z24-03 Board f Co issione -June 3,2 New H 'nover CountNC ITEM: 11- 4 - Case: Site Address: ExistingZoning/Use: onin Use: Proposed Zoning/Use: N Z24-03 3121 Castle Hayne Road B-1 & R-20 (CZD) B-2 Ln W N IC - Rockhill-RdRock . iIVRd Site Swar-tv%j e=Rd Unity Ct �a a OId=Mill-Rd- �o ID v vim" Nearby Properties Oaf` Z24-03 t Parcels Within 510 H°band or Feet Board o ommissioners - June 3, 2024 New anover -o my C ITEM:11- - Application Documents & Materials Board of Commissioners - June 3, 2024 ITEM: 11- 6 - 1 NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina 28403 Telephone (910) 798-7165 nhcgov.com/528/Planning-Land-Use CONDITIONAL ZONING APPLICATION This application form must be completed as part of a conditional zoning 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 10.3.3 of the Unified Development Ordinance. Public Hearing Procedures (Optional) 1 2 3 4 5 6 7 Pre -Application Community Application Planning Public Hearing Planning Board Board of Post -Decision Conference Information Submittal & Director Review Scheduling & Hearing & Commissioners Limitations and Meeting Acceptance & Staff Report Notification Recom- Hearing & Actions (TRC Optional) mendation Decision 1. Applicant and Property Owner Information Applicant/Agent Name Owner Name (if different from Applicant/Agent) Cindee Wolf Littlebird Properties, L.L.C. Company Company/Owner Name 2 Design Solutions Address Address P.O. Box 7221 5901 Offshore Court City, State, Zip City, State, Zip Wilmington, NC 28406 Wilmington, NC 28409 Phone Phone 910-620-2374 910-262-0660 Email Email cwolf@lobodemar.biz bill@rainstormsolutions.com (Contact: Bill Aldridge - L.L.C. Owner / Manager) Board of Commissioners - June 3, 2024 Page 1 of 7 ITEM: 11- 7-donditional Zoning District Application — Updated 06-2023 2. Subject Property Information Address/Location Parcel Identification Number(s) 3121 Castle Hayne Road 322015.53.2973 [R02519-001-012-0001 Total Parcel(s) Acreage sting Zoning and Uses) Future Land Use Classification 4.93 acres ::tB-1 & R-20 (Residential) Community Mixed -Use & 3. Proposed Zoning, Use(s), & Narrative General Residential Proposed Conditional Zoning District: (CZD) B-2 I Total Acreage of Proposed District: 4.93 ac. Maximum Residential Density (if applicable) N/A Maximum Non -Residential Square Footage (if applicable) 13,500 s.f. "Flex" & 7,150 s.f. Office / Garage Please list all of the specific uses that will be allowed within the proposed Conditional Zoning District, the purpose of the district, and a project narrative (attach additional pages if necessary). Note: Only uses permitted in the corresponding General Use District are eligible for consideration within a Conditional Zoning District. Board of Commissioners - June 3, 2024 Page 2 of 7 ITEM: 11- 7-8onditional Zoning District Application — Updated 06-2023 4. Proposed Condition(s) Note: 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. 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. Note: It is recommended that traffic generation numbers be reviewed by the WMPO prior to application to ensure that the most appropriate ITE land use code is identified and most recent generation rates have been applied. If numbers are verified, please attach a copy of the verification. If numbers have not been verified and the submitted generation numbers must be adjusted, this may result in the application being ineligible to move forward to the intended Planning Board agenda. ITE Land Use(s): Business Park (770) Trip Generation Use and Variable (gross floor area, dwelling units, etc.) Calculated based on a maximum total of 20,650 s.f. GFA AM Peak Hour Trips: 29 I PM Peak Hour Trips: 26 Board of Commissioners - June 3, 2024 Page 3 of 7 ITEM: 11- 7-&nditional Zoning District Application — Updated 06-2023 6. Conditional Zoning District Considerations The Conditional Zoning District procedure is established to address situations where a particular land use would be consistent with the New Hanover County 2016 Comprehensive Plan and the objectives outlined in the Unified Development Ordinance and where only a specific use or uses is proposed. The procedure is intended primarily for use with transitions between zoning districts of 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 Zoning district meets the following criteria. 1. How would the requested change be consistent with the County's policies for growth and development, as described in the 2016 Comprehensive Plan, applicable small area plans, etc. 2. How would the requested Conditional Zoning district be consistent with the property's classification on the 2016 Comprehensive Plan's Future Land Use Map. Board of Commissioners - June 3, 2024 Page 4 of 7 ITEM: 11- 7-6onditional Zoning District Application — Updated 06-2023 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? Board of Commissioners - June 3, 2024 Page 5 of 7 ITEM: 11- 7 -conditional Zoning District Application — Updated 06-2023 Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under "Applicant Initial'. If an item is not applicable, mark as "N/A". Applications determined to be incomplete must be corrected in order to be processed for further review; Staff will confirm if an application is complete within five business days of submittal. Application Checklist Applicant Initial ❑ This application form, completed and signed (all property owners must sign signatory page) CAW ❑ Application fee: • $600 for 5 acres or less • $700 for more than 5 acres • $300 in addition to base fee for applications requiring TRC review CAW ❑ Community Information Meeting Report (complete and signed by agent or all property owners) CAW ❑ Traffic Impact Analysis if applicable (use of attached report document is recommended) • The official TIA approval letter is recommended prior to this item being placed on the Planning Board meeting agenda. The Planning Board may choose to continue the hearing until the official TIA approval letter is provided. • The official TIA approval letter is required prior to this item being placed on the Board of Commissioners meeting agenda. N/A ❑ Legal description (by metes and bounds) or recorded survey Map Book and Page Reference of the property requested for rezoning CAW ❑ Conceptual Plan including the following minimum elements [Note: If elements beyond the minimum requirements are shown on the concept plan they may be considered conditions of approval if not eligible for approval as minor deviations]: Tract boundaries and total area, location of adjoining parcels and roads • Proposed use of land, building areas and other improvements o For residential uses, include the maximum number, height, and type of units; area to be occupied by the structures; and/or proposed subdivision boundaries. o For non-residential uses, include the maximum square footage and height of each structure, an outline of the area structures will occupy, and the specific purposes for which the structures will be used. • Proposed transportation and parking improvements; including proposed rights -of - way and roadways; proposed access to and from the subject site; arrangement and access provisions for parking areas. • All existing and proposed easements, required setbacks, rights -of -way, and buffers. • The location of Special Flood Hazard Areas. • A narrative of the existing vegetation on the subject site including the approximate location, species, and size (DBH) of regulated trees. For site less than 5 acres, the exact location, species, and sized (DBH) of specimen trees must be included. • Approximate location and type of stormwater management facilities intended to serve the site. • Approximate location of regulated wetlands. • Any additional conditions and requirements that represent greater restrictions on development and use of the tract than the corresponding general use district regulations or additional limitations on land that may be regulated by state law or local ordinance CAW Board of Commissioners - June 3, 2024 Page 6 of 7 ITEM: 11- 7-&nditional Zoning District Application — Updated 06-2023 ❑ Documentation on soil types and infiltration rates if underground stormwater facilities proposed CAW ❑ One (1) digital PDF copy of ALL documents AND plans CAW 7. 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 I am applying. I understand that the existing Official Zoning Map is presumed to be correct. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. If applicable, I also appoint the applicant/agent as listed on this application to represent me and make decisions on my behalf regarding this application during the review process. The applicant/agent is hereby authorized on my behalf to: 1. Submit an application including all required supplemental information and materials; 2. Appear at public hearings to give representation and comments; 3. Act on my behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of this application; and 4. Provide written consent to any and all conditions of approval. Signature of Property Owner(s) — �� 't�L L � v v � A SignaWTe of Applicant/Agent Bill H. Aldridge, III (Littlebird Properties, L.L.C. Print Name(s) Cynthia Wolf - Design Solutions Print Name Note. This form must be signed by the owner(s) of record. If there are multiple property owners, a signature is required for each owner of record. Note: If changes are made to the proposal after the application completeness determination that require additional staff review and vetting, the proposal will be ineligible to move forward to the intended Planning Board agenda. No changes will be accepted by staff after the applications are posted at the time of public notice. If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will be calendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. if the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. Board of Commissioners - June 3, 2024 Page 7 of 7 ITEM: 11- 7 -conditional Zoning District Application — Updated 06-2023 .� 1 ELECTRONIC FILE DISCLAIMER: Electronic files provided by Talbot Land Surveying, P.C. are for information ,coordination, and convenience purposes only. Because electronic files can be altered and modified, either intentionally or unintentionally, by computer error or operator errors; Talbot Land Surveying, P.C. makes no warranties or guarantees, expressed or implied, as to the compatibility, accuracy, validity, or reliability of the data provided in electronic form. It is the receiving party's responsibility to verify the electronic data to insure accurate representation of the original signed and sealed document. n /f Anthony Wilson DB 4220 Pg 545 L0 0C o� a N o, w C Co O N O Q m O Z \ \O 1 n /f Cape Fear Habitat for Humanity, Inc. DB 6316 Pg 665 Job# 2105 Drafted by: PDT Drawing Name: 2105_Topo_All.dwg OAKLEY RD A 0 0 i I � I I HOLLAND RITTER DR VICINITY MAF NOT TO SCALE 1 — — � I Legend: O Existing Iron Pipe * Existing Iron Rod Ll Existing Monument • New Iron Pipe I n /f • c i ' Brian & Donna Giles I A? DB 6237 Pg 856 o a O ) ECM 2.26' I y / O 4� Off Property I C� � Line ` -0ExisPing G) )) 0 Buildings 0 / �� 0 CZ f, VVV i Existing Building xj 6> / O Grpv rive Q) /J � j�� Existing Building Shelter 4-)0 �� "oo co Existing \ Co N , ❑ Dwelling 06 o \� NOTES: 1) Boundary referenced to Deed Book 6355 Page 1697, MB 68 Pg 51, references as shown, and existing field conditions. 2) Vertical Datum referenced to NAVD 88. 3) A portion of this property is located within a Flood Hazard Area. Flood Lines taken from New Hanover County GIS. 4) Any and all developmental restrictions (Federal, State, Local, P.O.A., H.O.A., Deed, Etc.) must be verified with the parties responsible for enforcing those restrictions prior to any design or construction. n /f New Hanover County DB 1639 Pg 517 _ 18" RCCP — j Inv=27.73 0 Preliminary For Review Purposes Only Not for recordation, conveyances, or sales TOPOGRAPHIC SURVEY FOR Littlebird Properties, PLC 3121 Castle Hayne Road 4.93 Acres Cape Fear Township, New Hanover County North Carolina April 4, 2023 BAR SCALE 1 "= 40' 40' 20' 040' 80, 120' Talbot Land Surveying, 16747 U.S. Hwy 17, Suite 118 Hampstead, North Carolina 28443 Firm License C-2722 Phone: (910) 270-9824 Board of Commissioners - June 3, 2024 ITEM: 11- 7 - 10 Legal Description for Conditional District Rezoning of 3121 Castle Hayne Road Beginning at a point in the western boundary of Castle Hayne Road (U.S. Hwy. 117), a 60' public right-of-way; said point being located approximately 486 feet southwardly along the right-of- way from its intersection with the southern boundary of Rockhill Road (S.R. 1331); a 60' public right-of-way; and running thence from the point of beginning, with the Castle Hayne Road right- of-way: South 00036'55" West, 208.00 feet to a point; thence North 89021'30" West, 1,030.95 feet to a point; thence North 00020'13" East, 208.69 feet to a point; thence South 89029'13" East, 1031.96 feet to the right-of-way of Castle Hayne Road, the point of beginning, containing 4.93 acres, more or less. Board of Commissioners - June 3, 2024 ITEM: 11- 7 - 11 NOTE: This is not a survey. All boundaries and distances are considered approximate. This represents a preliminary sketch prepared from field notes. A survey of delineated areas and review and approval by the U.S. Army Corps of Engineers is recommended prior to specific site planning. Data Points Legend Project Area - 5 Ac Uplands - 4.91 Ac (98%) Wetlands - 0.03 Ac (<1 %) - Perennial Stream - 0.06 Ac/230 L.F. (1 %) -•-•- Non -Jurisdictional Ditch - 270 L.F.G.l @o Data Points L:\WETLANDS\2023 WETLANDS FILES\DRGNCW23.058 - 3121 Castle Hayne Rd, Littlebird Properties\Maps N 0 75 150 300 Boundaries are approximate and not meant to be absolute. ft Map Source: 2020 NC OneMap Aerial Photography 3121 Castle Hayne Rd New Hanover County, NC DAVEY Section 404/401 Resource Group Delineation Map Date: 02/08/2023 3805 Wrightsville Avenue Wilmington, NC 28403 P re I i m i n a ry Sketch DRGNCW23.058 Board of Cinmissioners - June 3, 26240) 452-0001 NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina 28403 Telephone (910) 798-7165 Nhcgov.com/528/Planning-Land-Use COMMUNITY INFORMATION MEETING REPORT This Community Information Meeting Report must be submitted with the application for a conditional rezoning, planned development, or intensive industry special use permit in order for the application to be deemed complete. Address/Location Parcel Identification Number(s) 3121 Castle Hayne Road 322015.53.2973 [R02519-001-012-0001 Meeting Date and Time Monday, February 19, 2024 / 6:00 p.m. Format (Virtual, In -Person, Hybrid) Location if In -Person or Hybrid In -person w/ info provided for alternative contact if not able to attend Saint James AME Church, 3425 Catle Hayne Rd Selection Criteria for Location Proximity to the subject project site Meeting Summary Issues and Concerns Discussed at Meeting Board of Commissioners - June 3, 2024 Page 1 of 2 ITEM: 11- 7C-0i&unity Information Meeting Report — Approved 06-2022 List of Changes and Modifications Made to the Proposal in Response to Issues and Concerns (if no modifications were made, please explain why) Report Attachments All of the following items must be submitted as part of the required community information meeting report in addition to this form. Checklist Applicant Initial ❑ A list of names and addresses of attendees CAW ❑ A list of the names and addresses of invitees and copies of any returned mailings received to date CAW ❑ A copy of the mailed notice with all attachments CAW ❑ A copy of all materials distributed or presented at the meeting CAW Acknowledgement and Signatures By my signature below, I hereby certify that written notice of the community information meeting as described above was mailed and/or personal delivery to property owners withing 500 feet of the subject site as set forth on the attached list, by first class mail on [DATE] ebruary 8, 2024 . A copy of the written notice is also attached. I also herby certify that the meeting summary and list of attendees is accurate and representative of the proceedings at the community information meeting. Cynthia A Wolf Signature of Applicant or Applicant's Agent Print Name February 22, 2024 Date Board of Commissioners - June 3, 2024 Page 2 of 2 ITEM: 11- 7Cori&unity Information Meeting Report — Approved 06-2022 Community Information Meeting 3121 Castle Hayne Road Date: Monday, February 19, 2024 Name Address Email (Optional) E±6:�=c N,,*A 4� c. < �1.2xf �.E •t.C�.Q 4'7 ip�R 4'!% r e�,'v— 02 6-0V rffPal.? T /ACC I / IL if {?'00 SO 5- Te %dCL (?a5T e- 14uyHe- SgSS��1oa�JCrj✓Q�Q►f�grl. tu"� ✓ S3L- Sc"_ " � �•. � �C -. � c� y.� e� �� � •Cw�` Amy aldridge Owner / Developer Bill Aldridge Owner / Developer bill@rainstormsolutions.com Cindee Wolf Project Planner cwolf@lobodemar.biz Board of Commissioners - June 3, 2024 ITEM: 11- 7 - 15 qE'.L wr 11�4 � ¢ '- �'� ��r � � � - !3. �,+ � - r � T r r-� .+yam'-F: � j9 4 L %,P %-4 kAk kF �L. . WO �7 pokibi St' p A i PROPERTY OWNERS WITHIN A 500' PERIMETER OF 3121 CASTLE HAYNE ROAD: ADJACENT OWNER BALDWIN PEGGY D BURTON PAUL GEORGE HEIRS BURTON PHIL W CORA J CAPE FEAR HABITAT CLARK JEROME E ETUX DAVIS ELEANOR GILES BRIAN DONNA HD LLC HOLLIDAY JOHNNIE E MARY HOLLIDAY WILLIE JAMES LITTLEBIRD PROPERTIES LLC MARTINEZ FIDEL H MCFADDEN DELLA HRS NEW HANOVER COUNTY RENS ROBERTJENNAH CUTTING WALKER LUCILLE WILSON ANTHONY ADDRESS 2114 BRYANT AVE APT #4G 1709 PRINCESS ST 3100 CASTLE HAYNE RD 20N4THST 2504 ROCKHILL RD 1641 NC HWY 133 3129 CASTLE HAYNE RD 8620 RIVER RD 2508 ROCK HILL RD 2512 ROCK HILL RD 3121 CASTLE HAYNE RD 3633 BLUE BANKS LOOP RD 2516 ROCK HILL RD 230 GOV CNTR DR STE 190 2501 OAKLEY RD 2400 ROCK HILL RD 6114 WILLOWOOD RD CITY / STATE / ZIP BRONX NY 10460 WILMINGTON NC 28405 CASTLE HAYNE NC 28429 WILMINGTON NC 28401 CASTLE HAYNE NC 28429 ROCKY POINT NC 28457 CASTLE HAYNE NC 28429 WILMINGTON NC 28412 CASTLE HAYNE NC 28429 CASTLE HAYNE NC 28429 CASTLE HAYNE NC 28429 LELAND NC 28451 CASTLE HAYNE NC 28429 WILMINGTON NC 28403 CASTLE HAYNE NC 28429 CASTLE HAYNE NC 28429 KANNAPOLIS NC 28081 Board of Commissioners - June 3, 2024 ITEM: 11- 7 - 17 • Des7t n So=utio February 8, 2024 To: Adjacent Property Owners This is a notice of a community information meeting for an upcoming rezoning request on behalf of Littlebird Properties, L.L.C., property owners of 3121 Castle Hayne Road. The tract is currently split -zoned Neighborhood Business (B-1) along the frontage, and Residential (R-20) to the rear. The proposed rezone would be for a Conditional Highway Business (CZD / B-2) district, for the Owner to locate his Rainstorm Solutions business and develop additional space for other commercial uses. The tract is approximately five (5) acres, and a concept plan for layout of the proposed project is attached. Your property is located in the proximity, within a 500' perimeter, of the lot boundary. The meeting is an opportunity for further explanation of the proposal and for questions to be answered concerning project improvements, benefits and impacts. A Conditional Zoning District in New Hanover County allows particular uses to be established only in accordance with specific standards and conditions pertaining to each individual development project & rezoning petition. Essentially, this means that only the specific use(s) and the proposed site improvements of an approved petition can be developed. A meeting will be held on Monday, February 19t", 6:00 p.m., at the Saint James AME Church, 3425 Castle Hayne Road (corner of Chair Road). If you cannot attend, you are welcome to contact Cindee Wolf at telephone # 910-620-2374, or email cwolf@lobodemar.biz with comments and/or questions. We appreciate your interest and look forward to continuing to be a good neighbor and an asset to the community. Board of Commissioners - June 3, 2024 ITEM: 11- 7 - 18 A La W.. -Aw RE 5 89°29' 13" E — — 350 J. f. Fenced � f orksh p / � Ice I Outdoor Gara e oracle I z I O I i II I 20' — — — — — — — — \\ 24 Z\. 6 19 I cyi SF 7,120 7.1 SF • 7.1 SF atl SF \ a 7,159 I � a16 Ac. a a17 a 6 ® \ m R I• ij � DITCH ALONG I OD � NE E 0 W pep RIM i C= G 22"GU 6 " t ,+� r, M O S A �1' L —� L J — — — — — — — 2 °GU Existing(}N 'Fdi� — —'secTTNE — — _ — AR — ^ UM 91 ` Gra -� ive C) 1 "G 'PECAN E Shelter) °f - J — — -4IICiIs.f. e 4500 s.f. E fisting"Fle>{" I �' `_s I 2e` a 450 Service "Flex" f" el ercial ex" Courtyard Commercial _ � Commercial _----- L_ Gravel Drive o PL oa IIIIII ? DL Y ' 22°GUM I Driv I — 12`GUM ��V 18" RCP --------------------------- 15" HDPE—/ ____ inside 18" RCi' U Inv-26.8' _ ii v 1 Board of Commissioners - June 3, 2024 ITEM: 11- 7 - 20 Concept Plan Board of Commissioners - June 3, 2024 ITEM: 11- 8 - 1 Site Inventory Notes: I . 5oil5: L5 (Lynchburg fine sandy loam) Wr (Wright5boro fine sandy loam) Jo (Johnston) On (On5low loamy fine sand) 2. Thi5 property 15 not Impacted by any AEC. 3. Con5ervation Overlay boundaries will be applied within this property. 4. Thi5 site 15 not impacted by any recognized hi5toric or archeological 5ignlficance. 5. No cemeteries were evidenced on the site. G. Exi5ting regulated trees have been located identified within the development area. 7. Jurl5dictional wetlands have been identified on the site. 8. There 15 no evidence of endangered 5PCCIe5 or habitat Issues on the site. 9. Th15 tract 15 Impacted by any 5pecial Flood hazard Area a5 evidenced on N.C. Flood Map 37203220J. 10. The Site runoff will flow into the Ne55 Creek watershed, draining into the Cape Fear River, into 5C c1a551fied waters. n/f t / Anthony Zoning: R-20 Wil5on Land Use: Vacant D.B. 4220-545 W Q W O T N 0 / O � � O 5 2A 23 22 21 10 19 Ib 11 16 h \0 0 1031 .90 0 4"P 5 89°29' 1 3" E — — I IIII II E �O AL _ �C � i Ak I Bufferyard � r� I _ 10 1 I I 1800 LO % .f./ / 5.f. Note: I I / \ fence, � . 9 I ffice / I ork5hdp Existing vegetation within thee is mOutdoor of regulated, butgeneralynot sg,ifint, I hardwood � Pine trees. No 5pecimen trees I ( \ -5toraG{e I / III were identified. All trees beyond the limit Of disturbance will be preserved and \ suppl emented as necessary to provide the OII I \ opacity requirements for a Type "A" / O transitional buffer yard. �o of ��I v �� ♦ / rnl� 3/ -J n/f Anthony I — W115on I / — (30=5ide Yard 5tback— D.B. — 20' Bufferyard 4220-545 i Zoning: R-20 Land Use: Vacant M05A i GU I_J——� --TT to n/f Brian Donna Gile5 D.B. G237-85G — — i"rtNP Project No.: 24-03 Scale: 1"=40' Date: 02/25/24 ReV15ons: n/f Paul George Burton Heirs etal D.B. 547 -840 n/f New Hanover County D.B. I G39-5 17 I I I I Ex. Residence I I I I I I I I I L------- Vicinity Map (No 5cale) Tree Preservation Notes: I . Tree Preservation / Removal Permit 15 required prior to clearing * land disturbance. 2. Prior to any clearing, grading or construction activity, tree protection fencing will be in5talled around protected trees or groves of trees and no con5truction workers, tools, material5, or vehicle5 are permitted within the tree protection fencing. 3. Protective fencing 15 to be maintained throughout the duration of the project. Land clearing and con5truction contractors shall receive adequate in5truction on tree protection requirement5 and methods. 4. Label protective fencing with 5ign5 to be placed every 50 linear feet, or at lea5t two (2) per area, in both Engli5h � 5pani5h "Tree Protection Area: Do Not Enter." D ,�f MID D.B. 6239-2571 Stormwater Management Notes: Zoning: R-20 1 . 5tormwater management will meet County * State Land Use: requirements. Total limit5 of di5turbance are Vacant greater than one (1) acre. A New hanover Co. Grading / Erosion Control Permit will be read. General Development Notes I . All develo e in accordance wi,th�,I \ anover County��1V��inWw / ((��I rr 2.�Fixrqle-:7t comklAgi all Federal, State 5wartv���e over County re u n/f Eleanor Davis D.B. 17G2-1 123 Zoning: R-20 Land Use: Vacant / Farming Preliminary Development Data: Proposed Limited Uses: Animal Grooming / Veterinary (w/ Kennel or Daycare prohibited) Bu5ine55 5ervice Center Contractor Office Offices for Private � Profe55ional Actrvtie5 Personal 5ervice5 (w/ Tattooing Parlor5 prohibited) In5tructional Services t- 5tud105 Retail sales, General Restaurant (No Drive-thru) Max. Bldg. Area - 20,G50 5.f. GFA± Max. Bldg. hgt. - I -Story / 25' Max. Parking Req'd.: "Flex" Commercial @ 2.5 5p/ 1 000 5f = 34 ** 48 spaces prov'd. ** Preliminary Surface Coverages: Rooftops - 20,G50 5.f.± Pavement - 44,500 5.f.± Walk5 - 3, 100 5.f.± Total - G8,250 5.f. (3 1 .8%) General Notes: I . New hanover County Parcel No.: 32201 5.53.2973 [R025 1 9-001-01 2-0001 2. Tract Area: 4.93 ac. 3. Existing Zoning District: R-20 Proposed Zoning District: (CZD) 15-2 4. Comp Plan Place -Type: Community Mixed -Use / General Residential W N 5 Is Graphic Scale 40 30 20 10 0 20 40 60 ITEM: 11- 9 - 1 Public Comments In Support Neutral In Opposition Board of Commissioners - June 3, 2024 ITEM: 11- 10 - 1 Case #24-03 Rezoning Request: 4.93 acres from B-1 & R-20 to (CZD) B-2 Applicant: Cindee Wolf, with Design Solutions Property Owner: Littlebird Properties., LLC Love Ott Development Review Planner ZONING N ffDD Rockhill Rd $Ite � �i11e Rd Swar-tv n Ln Unity Ct / 2 m Q Zoning Old Mill Rd n B-1 ■ B-2 ; R-10 R-20 Z24-03 I Oakley Rd AERIAL OL `w-Ar M l - A. ••- f % .. S Tom_ y • � \� t Lri �c Fr bite ��d.'. �'�A �� `� �� T*# ,a '��-�',� �; r � fit,. y.•. - _� ll ::-- Future New Hanover County Fire Station Unjjy Ct ^;,r ILI p e` Haven Place t P Z24.03 Existing Site Conditions .. -... . . At E. . - .-- Aft - . .. .-.. . . . I I I I KENNA% Representative Development Freedom Lawns Landscaping Contractor's Office Murrayville Station Business Park Exchange Drive Concept Plan with Animations ream ji MOSq� C 20' Buffer Yard G. -- I i / 51C 4POYY Gt _m m ��v"�`a�,�:U.,;—v\err?v����t'�. � / �I`I �I . 'OSF_teilotndrcaoegode r i �I � Garage I -1i.5:E - / /J i1-� �a� pa`'c� V�"N� -'.i,.'`s.`�.i. A� / 1' V %�J. it� ,� `. � y��-��aF ., �L P/O•nPo�1uvr.\�G. UM ' � �IIV II LE01h,111 ..�l . N- - Y . /AIV v r6x�_1 �350 5.f. flex" ,Workshop/ I Office 'znn�Gi4.Ol 3\ uMI � a.82.aH6nDVn2a.y3 c. �— — — — — 20' Buffer Yard -- - - _-- _-- -- m -_- ---- ----- 7� -7 r _ ----- ---- s9 -- 8595 l — — — � l — - Z pM ins 6 �zo Pedestrian Future New Hanover County Fire Station x jsc. Haven Place Subdivision Connection Site Access Site Access N " J (J) n - - cn w — L' r m uj - rn Primary Access: Castle Hayne Rd L1 N ITY CT o y ---- ❑LD_MILL RD- LU 1 i DAKLEY-RD_. = i_ Nearby Development ,- % - -- 1 Mile Radius I" Ff- -LLLI ------ STIP Project Approved 'FIA Subdivisions Under Construction Subject Site ------------ --.140 ---- Habitat For Humanity C: 6, CO I ♦M -A Villas Less Creek The Covenant I The Covenant K . ��err Trip Generation Development Under Max 12,545 SF Existing B-1 Zoning: Development Under Existing R-20 Zoning: Development Under Proposed CZD B-2 Zoning: Potential Impact of Proposed Designation Commercial Office Space Max 6 Single Family Dwelling Units Max 12,000 SF "Flex" Commercial Space & Max 7,150 SF Office/Garage 19AM/18PM 4AM/6PM 86 AM / 53 PM +63 AM / +30 PM Compatibility • While the area is primarily a mix of lower density residential districts such as R-20, the front portion of the parcel is already zoned commercial B-1. • Residential growth in the area as well as expanded transportation network on I- 140 has increased the demand for commercial services along Castle Hayne Road. • The Castle Hayne corridor near the Wrightsboro commercial node has similar parcels that have been rezoned from the original R-20 zoning district to CB, B-1, B- 2, and O&I. Strategic Plan Desired Outcomes A. business -friendly environment that promotes growth, agility, and collaborado n. LV� Workforce &Economic Development Plan for the long-term needs of businesses through tirnely, Maintain new business growth within 2.59k of the state innovative programs and County sales tax year over year growth I higher than the state comm un ity pa rtnershi Ps. Sustainable Land Use & Environmental Ste wardsh f esi re utcomes 95 h of residential units are within a 10-minute drive of health Through planned growth and Connect residents to basic needs care, childcare: grocery stares and pharmacies development, residents have through a variety of'housing and access to their basic needs, transportation options. I n crease the housing su pp ly to a I+re I of one :esi dential u nit per two residents �— lr.a u� 2016 Comprehensive Plan Place Type: Community Mixed Use &General Residential RI LAND USE ti-UFi D- - ■i Unity Ct 1= -- - - - - - - - - - - ---------- Old Mili Rd Future Land Use GENERAL RESIDENTIAL COMMUNITY MIXED USE Z24-03 Planning Board Action • The Planning Board considered this item at their May 2, 2024 meeting and voted (6-0) to recommend APPROVAL of the petition. • The Board found it to be generally CONSISTENT with the 2016 Comprehensive Plan because the proposed scale and density will provide a transition from a commercial corridor to residential districts. • The Board also found RECOMMENDING APPROVAL of the project was reasonable and in the public interest because the proposed project is in line with current development patterns in the county. Proposed Conditions 1. The proposed use of a restaurant will have a cap of 3,000 sq. ft. Any change in square footage must be reviewed and approved by the County in order to verify compliance with the zoning district standards. 2. Pedestrian access will be provided from Haven Place to the proposed flex space commercial structure as shown on concept plan. 3. The existing vegetation as shown on concept plan will be retained to meet the Type A opaque buffer requirement. 4. A Type A buffer shall be provided along the southern boundary of the parcel adjacent to parcels zoned R-10. 5. A 50' wide stream buffer is required between the proposed structure and the Ness Creek Tributary as shown on the concept plan. 6. No outdoor storage shall be allowed east of the Ness Creek Tributary. Proposed Conditions 7. Permitted Uses shall be limited to: a) Animal Grooming/Veterinary (Kennel or Daycare Prohibited) b) Business Service Center c) Contractor Office d) Offices for Private Businesses &Professional Activities e) General, Personal Services (Tattoo Parlors Prohibited) fl Instructional Services &Studios g) General, Retail Sales h) Restaurant rMx rD tea• A ", ., Site rs�4 w t3k �"ar •� 7 . ills Unity Ct S�� r �Y•� µ e �•i ` '^t, tti3 � .3,.._ !t� � t'�A +.' -li ;•, � \ tip'• t s � � 1� I ,t �. �I ne 3, 2024 ITF�A• 11_ 11 _ 17 r , NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 6/3/2024 Regular DEPARTMENT: Planning PRESENTER(S): Zach Dickerson, Senior Planner CONTACT(S): Zach Dickerson; Robert Farrell, Development Review Supervisor; Rebekah Roth, Planning & Land Use Director SU BJ ECT: Public Hearing Rezoning Request (Z24-07) - Request by Sam Franck with Ward and Smith, P.A., applicant, on behalf of YMCA of Eastern North Carolina, INC, contract purchaser and Corbett Package Company, property owner, to rezone approximately 53 acres of an approximately 242-acre parcel zoned R-15, Residential located on the 6600 block of the north side of Sidbury Road to a general use CB, Community Business district. BRIEF SUMMARY: The applicant is proposing to rezone approximately 53 acres from R-15, Residential, to CB, Community Business. Please note that this is a straight rezoning, so there is no concept plan required and no conditions can be imposed. The R-15 district in this area was established in 1972. At the time, the purpose of the R-15 district was to ensure that housing served by private septic and wells would be developed at low densities. The County's partnership with CFPUA has extended water and sewer utilities to the surrounding area to support future growth. As currently zoned, the subject site's total acreage would allow 132 single-family dwellings in a performance residential subdivision. The CB district was established to provide lands that accommodate the development, growth, and continued operation of businesses that serve surrounding neighborhoods with goods and services needed for a variety of daily and long-term purposes. While the full list of uses allowed in the CB district is attached, typical uses allowed by right in the district include: bank or financial institution, restaurant, offices, food market, pharmacy, retail, and gym/fitness and recreation. The CB district requires a 25-foot rear setback where it abuts residentially zoned properties, as well as a maximum height of 50 feet. The U DO requires a Type A: Opaque buffer where commercial uses abut residential properties. The property has frontage on Sidbury Road. Because this is a straight rezoning, access to the site would be based on future development and site plan review. It is estimated the site would generate approximately 92 AM peak hour trips and 124 PM peak hour trips if developed at the permitted density for the R-15 district. There are a variety of commercial land uses allowed by -right in the CB district and the estimated number of trips will depend on the scope and scale of future development. For example, it is estimated trips could range from 71 AM and 186 PM peak hour trips for a Health and Fitness Club to 129 AM and 403 PM for a Food Market. Due to the size of the property and variety of uses allowed by -right in the CB district, a TIA will more than likely be required, especially if the site is developed with a combination of multiple land uses. Board of Commissioners - June 3, 2024 ITEM: 12 Traffic Impact Analyses are not required for straight rezonings as a specific development proposal is required to thoroughly analyze potential trip generation. There are several nearby Traffic Impact Analyses in the area, including Sidbury Station, Avenue One and Sidbury 187 residential projects. Required improvements for these include installation of traffic lights along Sidbury Road at Dairy Farm Road, Edna Buck Drive, and a third at a site access to the east of this subject parcel. This project is in proximity to several current and proposed large-scale residential developments. Projects under construction and review would bring 2,508 total homes to the Sidbury Road corridor. Currently the nearest community services such as medical, personal, retail, and grocery stores are approximately 3 miles to the southwest at the Northchase commercial center. The subject site is located approximately halfway between the intersection at Dairy Farm Road and the future Hampstead Bypass interchange, where a commercial node would be appropriately located. This project would help to meet the New Hanover County Strategic Plan's goals because the proposed CB rezoning will allow businesses that can support the surrounding community and are located in an area in close proximity to a number of households. Additionally, the proposed commercial zoning district will enable several new businesses, keeping in line with the County's goal to maintain new business growth within 2.5% of the state. This area is classified as Community Mixed Use by the 2016 Comprehensive Plan. This place type is intended to foster commercial growth to serve nearby residential area. While the place type is conducive to this type of development, the current zoning does not allow commercial growth. The proposed Community Business district would establish an area for the type of commercial growth that is compatible with nearby residential development. The CB district would allow by -right development to provide this corridor with recreational, office, retail and light commercial uses that are consistent with the intent of the Community Mixed Use place type and could support surrounding neighborhoods. The proposed CB rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because the district provides uses that are in line with the recommendations of the Community Mixed Use place type, and the CB district would provide neighborhood -serving commercial development forthe Sidbury Road area. The Planning Board considered this item at their May 2, 2024 meeting. There was some concern expressed about a straight rezoning from some the Board members and the variety of by -right development allowed in the CB district. However, the Board members felt that the creation of the district in the area would serve to create a commercial node that would overall be beneficial for the Sidbury Road corridor. The Planning Board voted (5-1) to recommend approval of the request. Clark Hipp dissented, stating overall discomfort with the straight rezoning. The Planning Board found the application to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the Community Business zoning district would provide uses that are in line with the Community Mixed Use place type that could serve existing and future residents. The Planning Board also found recommending APPROVAL of the rezoning request was reasonable and in the public interest because the district would act as a community service business node to serve the surrounding area. Board of Commissioners - June 3, 2024 ITEM: 12 STRATEGIC PLAN ALIGNMENT: • Workforce & Economic Development o A business -friendly environment that promotes growth, agility, and collaboration. ■ Plan for the long-term needs of businesses through timely, innovative programs and community partnerships. RECOMMENDED MOTION AND REQUESTED ACTIONS: The property is located on the Sidbury Road corridor, an area of the County that has seen increased interest in growth due to the extension of public water and sewer. The surrounding area is largely residential, but is classified as Community Mixed Use by the 2016 Comprehensive Plan, which recommends a mix of residential and area -serving commercial uses. The proposed CB zoning would allow by -right development which would serve existing and future nearby residents. As a result, Staff concurs with the Planning Board's recommendation and suggests the following motion: I move to APPROVE the proposed rezoning. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the Community Business zoning district would provide uses that area in line with the Community Mixed Use place type that could serve existing and future residents. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the district would act as a community service business node to serve the surrounding area. Alternative Motion for DENIAL (if based on information presented at the public hearing or other consideration beyond the scope of staff review, the Board finds denial appropriate. I move to DENY the proposed rezoning. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the Community Business zoning district would provide uses that are in line with the Community Mixed Use place type that could serve existing and future residents, I find DENIAL of the rezoning request is reasonable and in the public interest because the variety and potential scale of by -right uses in the straight CB district may adversely impact the Sidbury Road corridor and nearby residents. ATTACHMENTS: Z24-07 BOC Script Z24-07 BOC Staff Report Z24-07 Zoning Map Z24-07 Future Land Use Map Z24-07 Mail Out Map Initial Application Coker Sheet Z24-07 Application Public Comments Coker Sheet Community Business District Cut Sheet Staff Presentation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Board of Commissioners - June 3, 2024 ITEM: 12 Recommend approval. COMMISSIONERS' ACTIONS: Approved (5-0) Board of Commissioners - June 3, 2024 ITEM: 12 BOARD OF COMMISSIONERS SCRIPT for Zoning Map Amendment Application (Z24-07) Request by Sam Franck with Ward and Smith, P.A., applicant, on behalf of the YMCA of Southeastern North Carolina, INC, contract purchaser and Corbett Package Company, property owner, to rezone approximately 53 acres of an approximately 242-acre parcel zoned R-15, Residential located on the 6600 block of the north side of Sidbury Road to a general use CB, Community Business district. 1 . This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant's presentation and supporter comments (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. Before we proceed with the vote, I would like to invite the applicant to the podium. Based on the Board discussion and items presented during the public hearing, would you like withdraw your petition or proceed with a vote? b. 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. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the Community Business zoning district would provide uses that are in line with the Community Mixed Use place type that could serve existing and future residents. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the district would act as a community service business node to serve the surrounding area. Alternative Motion for DENIAL (if based on information presented at the public hearing or other consideration beyond the scope of staff review, the Board finds denial appropriate.) I move to DENY the proposed rezoning. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the Community Business zoning district would provide uses that are in line with the Community Mixed Use place type that could serve existing and future residents, I find DENIAL of the rezoning request is reasonable and in the interest because the variety and potential scale of by -right uses in the straight CB distric adversely impact the Sidbury Road corridor and nearby residents. Board of Commissioners - June 3, 2024 ITEM: 12- 1 - 1 Alternative Motion for Approval/Denial: I move to [Approve/Deny] of the proposed rezoning to a CB district. I find it to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] I also find recommending [Approve/Deny] of the rezoning request is reasonable and in the public interest because [insert reasons] Board of Commissioners - June 3, 2024 ITEM: 12- 1 - 2 STAFF REPORT FOR Z24-07 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z24-07 Request: Rezoning to a CB (Community Business) district Applicant: Property Owner(s): Samuel B. Franck on behalf of YMCA of Corbett Package Company Southeastern NC, Contract Purchaser Location: Acreage: 6000 Block of Sidbury Rd 53 acres PID(s): Comp Plan Place Type: R01900-002-003-000 Community Mixed Use Existing Land Use: Proposed Land Use: Undeveloped The property would be allowed to be developed in accordance with the CB district. Current Zoning: Proposed Zoning: R-15, Residential CB, Community Business SURROUNDING AREA LAND USE ZONING North Undeveloped R-15 East Undeveloped R-15 South Mini Storage (zoning approved but not yet built), Single -Family Residential (TIA approved for an R-15 performance residential subdivision) (CZD) B-2, R-15 West Single Family Residential (Sidbury Station) R-15 Z24-07 Staff Report PB 5.2.2024 Page 1 of 13 Board of Commissioners - June 3, 2024 ITEM: 12- 2 - 1 ZONING HISTORY July 7, 1972 Initially zoned R-15 (Area 8A) COMMUNITY SERVICES Water and sewer services are anticipated to be provided via CFPUA upon completion of utility line extensions. Water/Sewer New Hanover County is partnering with CFPUA to extend utilities to this area of the county. Those extensions should be in place by the end of 2025 given the current timeline. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Castle Hayne Station Schools Castle Hayne Elementary, Holly Shelter Middle, and Laney High Schools Recreation Blue Clay Bike Park, Northern Regional Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation resource maps indicate pocosin wetlands exist on the property. Conservation Projects containing 5 acres or more of pocosin conservation resources are required to comply with additional buffer and conservation standards in Section 5.7 of the Unified Development Ordinance. Historic No known historic resources Archaeological No known archaeological resources Z24-07 Staff Report PB 5.2.2024 Page 2 of 13 Board of Commissioners - June 3, 2024 ITEM: 12- 2 - 2 APPLICANT'S PROPOSAL • The applicant is proposing to rezone one parcel totaling approximately 53 acres from R- 15, Residential district to the CB, Community Business District. • According to the applicant, the requested CB zoning district is more appropriate for the tract than the current R-15 zoning as the Comprehensive Plan calls for land uses that encourage physical activity and the cultivation of healthy lifestyles. • This request is for a straight rezoning, so any approval would allow for all uses outlined for the requested district and could not include conditions. Any future development would be subject to the general development standards for the district outlined in the Unified Development Ordinance (UDO), including lighting and vegetative buffers. ZONING CONSIDERATIONS • The R-15 district in this area was established in 1972. At the time, the purpose of the R-15 district was to ensure that housing served by private septic and well would be developed at low densities. New Hanover County has partnered with CFPUA to extend utilities in this area of the county to support future growth. • As currently zoned, the subject site would allow 132 single-family dwellings in a performance residential subdivision. • The Community Business (CB) district was established to provide lands that accommodate the development, growth, and continued operation of businesses that serve surrounding neighborhoods with goods and services needed for a variety of daily and long-term purposes. • While the full list of uses allowed in the CB district is attached, typical uses allowed by right in the district include : o Bank or Financial Institution o Restaurant o Offices o Food Market o Pharmacy o Retail o Gym/Fitness and Recreation • The CB district requires a 25-foot rear setback where it abuts residentially zoned properties. • The maximum building height in the CB district is 50 feet. • The UDO requires a Type A: Opaque buffer where commercial uses abut residential uses. If approved a Type A buffer would be required on the northern, eastern, and western property boundaries. Z24-07 Staff Report PB 5.2.2024 Page 3 of 13 Board of Commissioners - June 3, 2024 ITEM: 12- 2 - 3 • The UDO contains controls on exterior lighting on the site, and the maximum illumination levels at the common property line with the residential properties that abut the site shall not exceed 0.5 foot candles and 25 feet in height. The UDO specifies that all exterior luminaries for nonresidential adjacent to single-family residential districts shall be full cut-off features that are directed downward. In no case shall lighting be directed at or above a horizontal plan through the lighting fixture. • If approved, the project would be subject to Technical Review Committee and zoning compliance review processes to ensure full compliance with all ordinance requirements. AREA DEVELOPMENTS North O I � Sidbury Station TIA 5'►"dburY-Rd Sidbury Station I i 1 Mile Radius __-_ \ —•••—� STIP Project Approved TIA Subdivisions Under Construction 0 Subject Site Z24-07 Staff Report PB 5.2.2024 Page 4 of 13 Board of Commissioners - June 3, 2024 ITEM: 12- 2 - 4 TRANSPORTATION Site Access � A 7C s �{ RODSID RpSS RD i � ROU STA ! N a af o L CURRENT CONDITIONS Intensity of Current Zoning Typical development under current zoning would allow a maximum of 132 single-family dwelling units. PROPOSED ACCESS Primary Access This site has direct full access on Sidbury Road. Because this is a straight rezoning future site access would be reviewed by the County's TRC and NCDOT. EXISTING ROADWAY CHARACTERISTICS Affected Roadway Sidbury Road Type of Roadway NCDOT minor collector Z24-07 Staff Report PB 5.2.2024 Page 5 of 13 Board of Commissioners - June 3, 2024 ITEM: 12- 2 - 5 Roadway Planning Capacity 10,979 (AADT) Latest Traffic Volume (AADT) 3,200 vehicles (2021) Latest WMPO Point -in -Time 2,546 vehicles (September 2022) County (DT) Current Level of Congestion Available Capacity NEARBY NCDOT STIP ROADAWAY PROJECTS R-3300A — Hampstead Bypass - Project to construct a new facility from 1-140 to NC (2026 Start Date) Highway 210. TRAFFIC GENERATION Potential By- Potential By- Potential By - Right Right Right Traffic Development Development Development Generated by under under under Present Proposed Proposed Proposed Designation Zoning- Zoning- Zoning - Health & Food Shopping Fitness Club' Market2 Center3 AM Peak Hour Trips 92 71 129 558 PM Peak Hour Trips 124 186 403 540 Using an example YMCA in Wilmington, located at 2710 Market St which is approximately 54,000 sq ft — ITE Code 492 Health/Fitness Club 2 Using an example food market in Northern New Hanover Assumptions County, Lowes Foods located at 2316 N College Rd which is approximately 45,000 sq ft — ITE Code 850 Supermarket 3 Using ITE calculations for a Shopping Plaza between 40k sq ft and 150k sq ft without supermarket, 100,000 sq ft — ITE Code 821 Shopping Plaza TRAFFIC IMPACT ANALYSIS (TIA) Traffic Impact Analyses are not required for straight rezonings as a specific development proposal is required to thoroughly analyze potential trip generation. Per the WMPO, based on the size of the parcel and variety of uses allowed by -right in the CB district, a TIA will more than likely be required, especially if the site is developed with a combination of multiple land uses. Z24-07 Staff Report PB 5.2.2024 Page 6 of 13 Board of Commissioners - June 3, 2024 ITEM: 12- 2 - 6 SUMMARY The proposed project is located along a minor collector road that currently has available capacity. The site can be accessed directly from Sidbury Road. There are several nearby Traffic Impact Analyses in the area, including Sidbury Station, Avenue One and Sidbury 187 residential projects. Required improvements for these include installation of traffic lights along Sidbury Road at Dairy Farm Road, Edna Buck Drive and a third at a site access to the east of this subject parcel. Traffic Impact Analyses are not required for straight rezonings, but with the acreage of the parcel and the variety of by -right development permitted in the CB District, a TIA will likely be required, especially if the site is developed with multiple uses. If a TIA is required, the TIA must be approved by the WMPO and NCDOT before TRC review and approval. ENVIRONMENTAL • This site is not within a Natural Heritage Area. • Conservation resource maps indicate pocosin wetlands exist on the property. Projects containing 5 acres or more of pocosin conservation resources are required to comply with additional buffer and conservation standards in Section 5.7 of the Unified Development Ordinance. • This site is not located in a Flood Hazard Area. • The property is within both the Prince George and Island Creek watersheds. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class II (moderate limitation) & Class III (severe limitation) soils. Z24-07 Staff Report PB 5.2.2024 Page 7 of 13 Board of Commissioners - June 3, 2024 ITEM: 12- 2 - 7 OTHER CONSIDERATIONS New Hanover County Strategic Plan On July 17, 2023 the Board of Commissioners adopted a new strategic plan for Fiscal Years 2024- 2028. This plan focuses on three core areas: workforce and economic development, community safety and well-being, and sustainable land use and environmental stewardship. Strategic Plan Outcomes Relevant to Proposal Analysis This rezoning would provide lands that lead to A business -friendly environment that promotes community -serving business growth, aiming to hit growth, agility and collaboration. the target of maintaining new business growth within 2.5% of the state. With the growth of housing on the Sidbury Road Through planned growth and development, corridor, the proposed CB district will set up the residents have access to their basic needs. ability for by -right development for area -serving businesses, including grocery stores, retail, financial and medical offices. Z24-07 Staff Report PB 5.2.2024 Page 8 of 13 Board of Commissioners - June 3, 2024 ITEM: 12- 2 - 8 Representative Developments Representative Developments of R-15 (Existing Zoning: Z24-07 Staff Report PB 5.2.2024 Sidbury Station Sidbury Station Page 9 of 13 Board of Commissioners - June 3, 2024 ITEM: 12- 2 - 9 Potential Developments of CB: Z24-07 Staff Report PB 5.2.2024 YMCA Wilmington — Market St Northchase Shopping Center — N College Rd Page 10 of 13 Board of Commissioners - June 3, 2024 ITEM: 12- 2 - 10 Context and Compatibility • This project has direct, full access to Sidbury Road and is in proximity to several current and proposed large-scale residential developments. • Due to the extension of public water and sewer to the Sidbury Road corridor, development is more feasible. • At full build out the Sidbury Station subdivision will have 758 single family dwelling units, and the Sidbury Crossing multi -family project will have 288 dwelling units. • Additional residential development permitted under the R-15 district is currently under review by the TRC. This would bring an additional 1,462 dwelling units along Sidbury Road. • Currently the nearest community services such as medical, personal, retail, and grocery stores are approximately 3 miles to the southwest at the Northchase commercial center. • Approved TIAs for current development are expected to mitigate additional traffic on Sidbury Road. In addition, if the rezoning is approved, NCDOT may require additional area improvements based on future development proposals. • Cape Fear Moving Forward: 2045, the WMPO's current Metropolitan Transportation Plan, includes a modernization project to bring Sidbury Road to current design standards. This is programmed to include widening the current travel lanes to 1 2' with the installation of a 10' multi -use path. • The subject site is located approximately halfway between the intersection at Dairy Farm Rd and the future Hampstead bypass interchange, where a commercial node would be appropriately located. • Increased commercial development is expected along the Sidbury Road corridor. Providing areas for future commercial development allows for community level goods and services to support the surrounding neighborhoods. 12016 COMPREHENSIVE 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. LAND 1.15E �r ,t Site North -- - - f I J.' `. �� Future Land Use GENERAL RESIOENTIA_ COMMUNITY MIXED l!.`.:i b i 7 CONSERVATION Z24-07 Staff Report PB 5.2.2024 Page 11 of 13 Board of Commissioners - June 3, 2024 ITEM: 12- 2 - 11 Future Land Use Community Mixed Use Map Place Type 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 proposed parcel is located on the Sidbury Road corridor, an area of the County that has seen increased interest in growth due to the extension of public water and sewer. There are several nearby and planned housing developments. This area is classified as Community Mixed Use by the 2016 Comprehensive Plan. This place type is intended to foster commercial growth to serve nearby residential areas. While the place type is conducive to this type of Analysis development, the current zoning does not allow commercial growth. Because the surrounding area remains zoned for low -density residential, there are no commercial services to serve existing and future area residents. The proposed Community Business district would establish an area for the type of commercial growth that is compatible with nearby residential development. The CB district would allow by -right development to provide this corridor with recreational, office, retail and light commercial uses that are consistent with the intent of the Community Mixed Use place type and could support surrounding neighborhoods. The proposed CB rezoning is generally CONSISTENT with the 2016 Consistency Comprehensive Plan because the district provides uses that are in line with Recommendation the recommendations of the Community Mixed Use place type, and the CB district would provide neighborhood -serving commercial development for the Sidbury Road area. Z24-07 Staff Report PB 5.2.2024 Page 12 of 13 Board of Commissioners - June 3, 2024 ITEM: 12- 2 - 12 PLANNING BOARD ACTION The Planning Board considered this item at their May 2, 2024 meeting. There was some concern expressed about a straight rezoning from some of the Board members and the variety of by -right development allowed in the CB district. However, the Board members felt that the creation of the district in the area would serve to create a commercial node that would overall be beneficial for the Sidbury Road corridor. The Board voted (5-1) to recommend approval of the Community Business rezoning request. Clark Hipp dissented, stating overall discomfort with the straight rezoning. The Planning Board found the application to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the Community Business zoning district would provide uses that are in line with the Community Mixed Use place type that could serve existing and future residents. The Planning Board also found recommending APPROVAL of the rezoning request was reasonable and in the public interest because the district would act as a community service business node to serve the surrounding area. STAFF RECOMMENDATION The property is located on the Sidbury Road corridor, an area of the County that has seen increased interest in growth due to the extension of public water and sewer. The surrounding area is largely residential but is classified as Community Mixed Use by the 2016 Comprehensive Plan, which recommends a mix of residential and area -serving commercial uses. The proposed CB zoning would allow by -right development which would serve existing and future nearby residents. As a result, Staff concurs with the Planning Board's recommendation and suggests the following motion: I move to APPROVE the proposed rezoning. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the Community Business zoning district would provide uses that are in line with the Community Mixed Use place type that could serve existing and future residents. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the district would act as a community service business node to serve the surrounding area. Alternative Motion for DENIAL (if based on information presented at the public hearing or other consideration beyond the scope of staff review, the Board finds denial appropriate.) I move to DENY the proposed rezoning. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the Community Business zoning district would provide uses that are in line with the Community Mixed Use place type that could serve existing and future residents, I find DENIAL of the rezoning request is reasonable and in the public interest because the variety and potential scale of by - right uses in the straight CB district may adversely impact the Sidbury Road corridor and nearby residents. Z24-07 Staff Report PB 5.2.2024 Page 13 of 13 Board of Commissioners - June 3, 2024 ITEM: 12- 2 - 13 Case: Site Address: Existing Zoning/Use: Proposed Zoning/Use: N Z24-07 6500 Block of R-15 CB Sidbury Road v Site -� _Buck Dr 4 Roads i �Skdbury�Rd da a 0 Parcels er.a� a o\ Em Rye Grass Rd Zoning s o Are r ca Rd U B-2 I-2 0 R-15 RMF-L 0 1,000 2,000 j/ CZD I I I I I Q Z24-07 oa d of Commissioners - June 3, 2024 US Feet ITEM: 12- 3 - 1 Case: Site Address: Existing Zoning/Use: onin_ /q Use: Proposed Zoning/Use: N Z24-07 6500 Block of R-15 Sidbury Road Site �dbury Rd 5 Future Land Use COMMUNITY MIXED USE 0 1,000 2,000 CONSERVATION I I I I I � Z24-07 oa d of Commissioners -June 3, 2024 US Feet ITEM: 12- 4 - 1 races. Site Address: Z24-07 6500 Block of Sidbury Road Nearby Properties Z24-07 Parcels selection ExistingZoning/Use: onin Use: Proposed Zoning/Use: N R-15 CB Site Sabal-Palm\ a a Rye Grass Rd Areca Rd o 0 C' -y Dr of f5ommissioners - June 3, 2024 \ I ITEM: 12- 5 - 1 0 1,000 2,000 1 1 1 1 1 US Feet Initial Application Documents & Materials Board of Commissioners - June 3, 2024 ITEM: 12- 6 - 1 NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 1 10 Wilmington, North Carolina 28403 Telephone (910) 798-7165 FAX (9 7 0) 798-7053 planningdevelopment.nhcgov.com ZONING MAP AMENDMENT APPLICATION This application form must be completed as part of a zoning map amendment 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 Public Hearing Procedures (Optional) (Optional) Pre -Application Community Conference Information Meeting id review requirements, as well as the standards to be applied 10.3.2 of the Unified Development Ordinance. 1. Applicant and Property Owner Information in reviewing the Applicant/Agent Name Owner Name (if different from Applicant/Agent) Samuel B. Franck Corbett Package Company - Property Owner Young Men's Christian Association of Southeastern North Carolina, Inc. - Contract Purchaser/Applicant Company Company/Owner Name 2 Ward and Smith, P.A. Contract Purchaser: Young Men's Christian Association of Southeastern North Carolina, Inc. Address Address 127 Racine Drive Address for YMCA: PO Box 3467 City, State, Zip City, State, Zip Wilmington, NC 28403 Wilmington, NC 28406 Phone 910-794-4835 Phone910-251-9622 Email SBF@wardandsmith.com Email dick.jones@ymcasenc.org Board of Commissioners - June 3, 2024 Page 1 of 5 ITEM: 12- 7 - 1Zoning Map Amendment Application — Updated 12-2020 2. Subject Property Information Address/Location Parcel Identification Number(s) Sidbury Rd - See Exhibit A R01900-002-003-000 (portion of) Total Parcel(s) Acreage Existing Zoning and Use(s) Proposed Zoning Land Use Approx. 53 R-15 District(s) CB FC"I'atlCatlOnCommunity Mixed Use 3. Zoning Map Amendment Considerations Requests for general rezonings do not consider a particular land use but rather all of the uses permitted in the requested zoning district for the subject property. Rezoning requests must be consistent with the New Hanover County 2016 Comprehensive Plan and the Unified Development Ordinance. Zoning Map amendments reclassify the land that is subject of the application to the requested zoning district classification(s) and subjects it to the development regulations applicable to the district(s). The applicant must explain, with reference to attached plans (where applicable), how the proposed Zoning Map amendment meets the following criteria. (attach additional pages if necessary) 1. How would the requested change be consistent with the County's policies for growth and development, as described in the 2016 Comprehensive Plan, applicable small area plans, etc.? See Exhibit B, attached. 2. How would the requested zoning change be consistent with the property's classification on the 2016 Comprehensive Plan's Future Land Use Map? See Exhibit B, attached. Board of Commissioners - June 3, 2024 Page 2 of 5 ITEM: 12- 7 - 2Zoning Map Amendment Application — Updated 12-2020 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? See Exhibit B, attached. 4. How will this zoning change serve the public interest? See Exhibit B, attached. Board of Commissioners - June 3, 2024 Page 3 of 5 ITEM: 12- 7 - 3Zoning Map Amendment Application — Updated 12-2020 Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under "Applicant Initial". Applications determined to be incomplete must be corrected in order to be processed for further review. Application Checklist Applicant Initial This application form, completed and signed SBF Application fee: • $500 for 5 acres or less • $600 for more than 5 acres SBF Legal description (by metes and bounds) or recorded survey Map Book and Page Reference of the property requested for rezoning SBF See Exhibit A One (1) hard copy of ALL documents .qRF Acknowledgment and Signatures Form (if applicable) SBF 10 One (1) digital PDF copy of ALL documents AND plans SBF Board of Commissioners - June 3, 2024 Page 4 of 5 ITEM: 12- 7 - 4Zoning Map Amendment Application — Updated 12-2020 4. Acknowledgement and Signatures I hereby certify that I am the applicant or authorized agent of the applicant, and the information included in this application is accurate to the best of my knowledge, information, and belief. I also certify that I have submitted all of the information and documentation required for this application. Further, I acknowledge that no site work can commence until all applicable approvals and permits are obtained, and that any modifications to approved or proposed plans must be reviewed by the County and may require the submittal of a new application. Signature of Applicant Signature of Applicant Samuel B. Franck on behalf of Applicant Print Name Print Name Note: This form must be signed by the owner(s) of record, contract purchaser(s), or other persons(s) having a recognized property interest; or by a person authorized to submit the application on their behalf. If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will be calendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. Board of Commissioners - June 3, 2024 Page 5 of 5 ITEM: 12- 7 - 5Zoning Map Amendment Application — Updated 12-2020 Print Form NEW HANOVER COUNTY PLANNING & LAND USE — c z AUTHORITY FOR APPOINTMENT OF AGENT 230 Government Center Drive Suite 110 Wilmington, NC 28403 910-798-7165 phone 910-798-7053 fax www.nhcgov.com Please note that for quasi-judicial proceedings, either the land owner or an attorney must be present for the case at the public hearing. The undersigned 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 /o Richard L. Jones Corbett Package Company No Physical Address Company Owner Name 2 City, State, Zip Young Men's Christian Association of Southeastern North Carolina. Inc. Address Address Parcel ID PO Box 3467 200 Castle Hayne Rd R01900-002-003-000 City, State, Zip City, State, Zip Wilmington, NC 28406 Wilmington, NC 28401 Phone Phone 10-251-9622 10-763-9991 Email Email Dick.Jones@ymcaenc.org Application Case Number Reference: Date/Time received: Received by: March This document was willfully executed on the ,2 day of A I - ') � - Ar V L I, r-� A) e r' Owner 1 Signature Owner 2 Signature 24 520 Board of Commissioners - June 3, 2024 ITEM: 12- 7 - 6 09/14 Print Form F NEW HANOVER COUNTY PLANNING & LAND USE A UT UORITY FOR APPOINTMENT OF A GENT 230 Government Center Drive Suite 110 Wilmington, NC 28403 910-798-7165 phone 910-798-7053 fax www.nhcgov.com Please note that for quasi-judicial proceedings, either the land owner or an attorney must be present for the case at the public hearing. The undersigned owner does hereby appoint an authorized the agent described herein as their exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and/or an appeal of Staff decisions applicable to the property described in the attached petition. The Agent is hereby authorized to, on behalf of the property owner: 1. Submit a proper petition and the required supplemental information and materials 2. Appeal at public meetings to give representation and commitments on behalf of the property owner 3. Act on the property owner's behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning Ordinance. Agent Information Property Owner(s) Subject Property Name Owner Name Address /o Samuel B Franck Young Men's Christian Association of No Physical Address Southeastern North Carolina Inc. Company Owner Name 2 Ward and Smith, P.A. Address Address for YMCA of Southeastern NC: Parcel ID 127 Racine Drive PO Box 3467 R01900-002-003-000 City, State, Zip City, State, Zip Wilmington, NC 28403 Wilmington, NC 28406 Phone Phone 10-794-4800 10-251-9622 Email Email bf@wardandsmith.com ick.Jones@ymcaenc.org Application Case Number Reference: Date/Time received: Received by: This document was willfully executed on the March Z ' day of Owner 2 Signature 24 720 Board of Commissioners - June 3, 2024 09/14 ITEM: 12- 7 - 7 Exhibit A - Property Subject to Rezoning That certain portion of the real property described in the Deed recorded in Deed Book 638, at Page 135 located north of Sidbury Road, containing approximately 53 acres of land, more or less. Said tract also being the portion of the land identified by New Hanover County Parcel ID R01900-002-003-000 that is located on the north side of Sidbury Road. Board of Commissioners - June 3, 2024 ITEM: 12- 7 - 8 Exhibit B to Rezoning Application - 53 Acres on the Northern Side of Sidbury Road 1. How would the requested change be consistent with the County's policies for growth and development, as described in the 2016 Comprehensive Plan, applicable small area plans, etc.? The Applicant is requesting a rezoning of subject land from R-15 to Community Business (CB). This 53-acre tract, is situated on the north side of Sidbury Road as described in Exhibit A, is intended for commercial use, with a portion thereof being intended for a commercial recreational use via the establishment of a YMCA. The proposed rezoning from R-15 to CB facilitates the operation of a commercial recreational facility such as the YMCA. This indoor and outdoor recreational facility, and commercial use in general, aligns with the County's overarching goals for resilient economic development and fostering a healthy community, as outlined in the 2016 Comprehensive Plan through the resilient economy and healthy community themes. The Comprehensive Plan, particularly Chapter 3: Framing the Policy, underscores the promotion of certain objectives within the Community Mixed Use place type, including the encouragement of physical activity and the cultivation of healthy, active lifestyles. Given that one of the YMCA's primary missions is to promote healthy living, its services align seamlessly with the healthy community theme outlined in the Comprehensive Plan. By providing facilities and programs that foster increased physical activity, promote healthy lifestyles, and raise awareness about disease prevention and mental health, the YMCA contributes directly to advancing the theme of a healthy community as articulated in the 2016 Comprehensive Plan. Furthermore, the Comprehensive Plan underscores the importance of health promotion within the County, advocating for the creation of public spaces and the development of health -related facilities, such as gyms, to serve the community. The 2016 Comprehensive Plan describes the implementation strategy for this goal as encouraging public spaces and health related facilities such as gyms. The YMCA, with its array of gym and recreational facilities, furthers this vision by offering accessible resources for community members to engage in health -promoting activities. The requested rezoning aligns with the County's growth and development policies as articulated in the 2016 Comprehensive Plan. By rezoning to CB, this will facilitate the establishment of a YMCA facility, which not only supports economic development but also contributes significantly to the promotion of a healthy, active community, in line with the County's long-term objectives. Board of Commissioners - June 3, 2024 ITEM: 12- 7 - 9 2. How would the requested zoning change be consistent with the property's classification on the 2016 Comprehensive Plan's Future Land Use Map? The requested zoning change aligns with the property's classification on the 2016 Comprehensive Plan's Future Land Use Map (FLUM), which designates the property and its surrounding area as a Community Mixed Use place type. This designation emphasizes mixed -use development patterns aimed at facilitating multimodal travel and serving as an attraction for both county residents and visitors. Civic uses, particularly recreation and public gathering places are encouraged in the Community Mixed Use place type. Incorporation of both commercial uses and the YMCA use on this site will significantly improve the mixed -use nature of a historically residential use dominated section of the County. These uses will contribute to the envisioned mix of uses along Sidbury Road, providing essential recreational amenities for residents while adhering to the principles of mixed -use development advocated by the Comprehensive Plan. The requested zoning change not only corresponds with the property's classification on the FLUM but also complements the overarching vision of fostering vibrant, mixed -use communities that promote accessibility, sustainability, and community interaction as outlined in the 2016 Comprehensive Plan. 3. What significant neighborhood changes have occurred to make the original zoning inappropriate or how is the land involved unsuitable for the uses permitted under the existing zoning? The land surrounding this property and across Sidbury Rd has historically remained vacant. However, the current zoning, which designates the subject property as R-15, is no longer suitable to accommodate the County's envisioned future development of this area. Over the past decade, significant changes have occurred, with the emergence of new residential communities, commercial establishments, and educational facilities along Sidbury Rd. Two notable examples of this growth include the establishment of Cape Fear Community College's North Campus at 4500 Blue Clay Rd and the development of the residential community known as Seaboard at Sidbury Station. In the coming years, it is anticipated that there will be further residential and commercial expansion in this area in alignment with the County's vision for Community Mixed Use. As the residential population continues to grow, there will be an increasing demand for amenities and resources to support community well-being and quality of life. The YMCA, with its offerings of recreational and wellness services, will assist in supporting the nearby residents. 4. How will this zoning change serve the public interest? 3 Board of Commissioners - June 3, 2024 ITEM: 12- 7 - 10 The proposed zoning change to CB would allow for the establishment of a YMCA facility which would serve the public interest in multiple ways. First, it addresses a growing need for accessible and comprehensive recreational and wellness services within the surrounding residential communities. By introducing the YMCA to an area where additional growth is anticipated, current and future residents will have access to state-of-the-art fitness facilities, health and wellness programs, educational resources, and community engagement activities. This not only promotes a healthier lifestyle but also creates a vibrant hub for social interaction and community engagement. Moreover, the YMCA's focus on youth development, healthy living, and social responsibility aligns with community -building goals identified in the 2016 Comprehensive Land Use Plan. Specifically, the resilient economy theme, which encourages the creation of unique and special places that attract individuals by creating a sense of place. YMCA's across the country are known for bringing community members together through recreational and community programs. The YMCA is a well-known respected recreational facility offering a variety of programs, sports activities, gym facilities, and community services. The YMCA is one of the leading nonprofits committed to strengthening communities by empowering young people, improving the health and well-being of people of all ages and inspiring action in and across communities. Additionally, the proposed zoning change to Community Business (CB) district is in line with the objectives outlined in Section 3.4.4 of the New Hanover County Land Development Ordinance (UDO). The CB district aims to accommodate businesses that cater to the needs of surrounding neighborhoods, offering goods and services essential for daily and long-term purposes. By rezoning the property to CB, the YMCA will fulfill this purpose by providing valuable services for both children and adults alike. If rezoned to CB, the remaining 28 acres of land will be limited to those uses permitted in the CB district as identified in the UDO principal use table. The CB district closely aligns to the Community Mixed Use place type identified on the FLUM as the desired future land use for this area. Aligned with the purpose of the CB district, the YMCA offers a business model that will serve the surrounding and future neighborhoods. Due to the nature of the YMCA business, this will provide services needed for a variety of daily and long-term purposes for children and adults alike. ND:4880-9846-2383, v. 2 4 Board of Commissioners - June 3, 2024 ITEM: 12- 7 - 11 Exhibit A - Property Subject to Rezoning That certain portion of the real property described in the Deed recorded in Deed Book 638, at Page 135 located north of Sidbury Road, containing approximately 53 acres of land, more or less. Said tract also being the portion of the land identified by New Hanover County Parcel ID R01900-002-003-000 that is located on the north side of Sidbury Road. Board of Commissioners - June 3, 2024 ITEM: 12- 7 - 12 Public Comments In Support Neutral In Opposition Board of Commissioners - June 3, 2024 ITEM: 12- 8 - 1 PURPOSE The purpose of the Community Business (CB) District is to provide lands that accommodate the development, growth, and continued operation of businesses that serve surrounding neighborhoods with goods and services needed for a variety of daily and long-term purposes. Development in the CB district should be designed in a form and at a scale that is both walkable and accessible to vehicles, and located at intersections and along streets that will allow multiple neighborhoods access to the district's businesses. CB district lands can serve as a buffer between higher density/intensity development and moderate or low density multi -family and single family neighborhoods. CONCEPT DIMENSIONAL STANDARDS Standard All Uses Lot area, minimum (acres) 1/2 1 Lot width, minimum (feet) 80 2 Front setback (feet) 20 3 ISide setback, street (feet) 20 Side setback, interior 0 (zero) adjacent to districts in the RMF, Mixed Use or Commercial & Industrial categories 4 Rear setback (feet) 10 adjacent to districts in the RMF, Mixed Use or Commercial &Industrial categories Building height, maximum 3 stories, OR 50 ft. Floor area per development site, maximum (sq ft) 100,000 4 \ T 2. 1 2 . `3 1 � .- SUPERSEDING DIMENSIONAL STANDARDS Setbacks from Residential Uses and Platted lots: Interior side and rear setbacks from residential properties, establishes the setback requirements for structures in the CB district from lot lines shared with abutting single-family or duplex residential uses and/or platted lots located within a general residential zoning district (RA, AR, R-20, R-20S, R-15, R-10, R-7, or R-5). Residential Uses and Platted Lots Nonresidential Uses in a Residential District Side (Interior) Setback Rear Setback 20 ft. 25 ft. 1 20 ft. Additional..for Taller Structures Option 1: Structure Setback Adjacent Residential Use or Zoning Abutting Multi -Family Dwelling or Undeveloped in General Subdivision in General Residential District Residential District District * CB • Structures >40 ft. tall: 30 ft. • Structures >40 ft. tall: 25 ft. Option 2: Architectural Stepback Abutting Residential Use or Zoning Abutting Multi -Family Dwelling or Undeveloped in General Subdivision in General Residential District Residential District District * • Portions of structures over 40 ft. CB •Portions of structures over 40 ft. tall: 25 ft. tall: 30 ft. Option 3: Mitigation Outlined in Conditional Zoning District Approval Conditional zoning district outlines technique(s) to mitigate impacts of taller buildings (i.e., site design, architectural design) * Excluding lots with multifamily dwellings Board of Commissioners - June 3, 2024 ITEM: 12- 9 - 1 PRINCIPAL USES By Right KEY: * = USE -SPECIFIC STANDARDS APPLY (SEE SECTION 4.3) Special Use Agricultural Uses -Agricultural and Forestry Uses, General - Wholesale Nursery Civic and Institutional -Adult Day Care * - Child Care Center - Animal Shelter - Community Center - Library - Lodges, Fraternal, & Social Organizations - Museum - Religious Assembly - Amateur Radio Antennas (up to 90 ft.) - Antenna & Towers less than 70 ft. in Height & Ancillary to the Principal Use* - Collocation, Wireless * - Non -Substantial Modification - Other Wireless Communication Facilities including Wireless Support Structures & Substantial Modifications - Emergency Services Facility - Government Offices and Buildings - Post Office - Hospice - Medical and Dental Office and Clinic - Community Garden - Park and Recreation Area - Marina, Commercial - Electric Substation - Utility Lines, Structures, and/or Facilities; General* Commercial Uses - Electronic Gaming Operation* - Event Center* - Indoor Recreation Establishment - Outdoor Recreation Establishment - Animal Grooming Service* - Kennel - Veterinary Service - Bank and/or Financial Institution - Business Service Center - Commercial Parking Lot or Facility - Funeral Services - Repair Shop - Commercial Kitchen, Catering - Microbrewery/Microdistillery - Restaurant - Hotel or Motel - Contractor Office - Offices for Private Business and Professional Activities - Instructional Services and Studios - Personal Services, General - Convenience Store - Food Market - Grocery Store - Pharmacy - Retail Nursery - Retail Sales, General -Car Wash - Fuel Sales -Vehicle Rentals* - Vehicle Service Station, Minor Industrial Uses - Research and Development Facility - Artisan Manufacturing * - Commercial Recycling Facility, Small Collection Residential Uses - Live/Work or Caretaker Unit - Group Home * - Senior Living: Assisted Living Facility Civic and Institutional - Family Child Care Home SPECIFIED ACCESSORY AND TEMPORARY USES (SEE SECTION 4.4.4 FOR USE -SPECIFIC STANDARDS FOR ACCESSORY USES & SECTION 4.5.4 FOR USE -SPECIFIC STANDARDS FOR TEMPORARY USES) Accessory Uses - Accessory Structure -Accessory Use, Customary - Electric Vehicle Charging Station - Home Occupation - Solar Energy Collection Facility, Accessory - Small Watercraft Storage - Stormwater Facilities on Contiguous Properties - Wind Energy Collection Facility, Accessory Temporary Uses - Construction Office - Debris Site - Seasonal Sales - Special Fundraising for Non-profit Organizations - Temporary Emergency Services Facility - Temporary Family Healthcare Structure -Temporary Real Estate Office/Model -Temporary Relocation Housing Board of Commissioners - June 3, 2024 ITEM: 12- 9 - 2 Case #Z24-07 Rezoning Request: 53 acres from R-15 to CB Applicant: Samuel B. Franck, Ward and Smith, P.A. Property Owner: Corbett Package Company Zach Dickerson Senior Planner ■■�aa■ ■tea■■�fa�� ��aaa■all ■ .� 1 1 r 1 ■m E\A Planning & Land Use June 3, 2024 Slide 2 Planning & Land Use June 3, 2024 Slide 3 Existing Site Conditions Representative Development of R-1 5 Sidbury Station Sidbury Station Representative Developments of Community Business _-L:-7 Ak n fy� YMCA — Market St Northchase Shopping Center — N College Rd Site Access 1 �CQ � G ' oho r SS RD 1 Y R[7lJGI I STALK Lpj L �1 0 i ate_ Sidbury Station TIA S�ab,�ry R Sidbury Station _TT1r 1 Mile Radius �� �-••• STIP Project V Approved TIA 1 Subdivisions Under Construction 0 Subject Site ��T40 Trip Generation Traffic Generated by Present 132 Single Family Dwelling Units 92 AM / 124 PM Designation (R-15): Potential By -Right Development Under Proposed Zoning — Health & Fitness Club 54,000 sq ft (YMCA on Market St) Potential By -Right Development 45,000 sq ft (Lowes Foods on N under Proposed Zoning- Food College) Market Potential By -Right Development under Proposed Zoning- 100,000 sq ft shopping center Shopping Center 71AM/186PM 129 AM / 403 PM 558 AM / 540 PM Compatibility • This property is located on the Sidbury Road corridor, an area of the County which is experiencing residential growth because of the extension of public water and sewer to the area. There are no community -oriented businesses to serve residents in this area. • The subject site is located approximately halfway between Dairy Farm Rd and the future Hampstead bypass interchange, where a commercial node would be appropriately located. Increased commercial development is expected along the Sidbury Road corridor. Strategic Plan Des i red Outcomes A business -friendly+ envi ran me nt that prornotes growth, agility, and collaboration. Workforce & Econ om is Developm erg t Strategic * Objectives i i Targets Plan for the long-term needs of businesses through timely, Maintain new business growth within 2.5% of the state innovative Programs and Co unty sa I es tax yea r ove r yea r growth 14b h ighe r than the state {4mmunity partnerships. Sustainable Land Use & E vi'tonergtal Stewardship Wesired Outcomes ; •Objectives 95% of residential units are within a 1 0-minute drive of health Through planned growth and Connect residents to basic needs care, child{are, grocery stores and pharmacies development residents have through a variety of housing and access to their basic needs, transportation options. Increase the housing supply to a level of one residential unit pe r two res id ents Planning & Land Use June 3, 2024 Slide 12 Planning Board Action • The Planning Board considered this item at their May 2, 2024 meeting and voted (5-1) to recommend APPROVAL of the rezoning request. • The Board found it CONSISTENT with the Comprehensive Plan because the Community Business zoning district would provide uses that are in line with the Community Mixed Use place type that could serve existing and future residents. • The Board also found recommending APPROVAL of the rezoning request was reasonable and in the public interest because the district would act as a community service business node to serve the surrounding area. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 6/3/2024 Regular DEPARTMENT: Planning PRESENTER(S): Robert Farrell, Development Review Supervisor CONTACT(S): Robert Farrell; Rebekah Roth, Planning and Land Use Director SU BJ ECT: Quasi Judicial Hearing - NOTE: The applicant has withdrawn Special Use Permit Request (S24-01) on May 30, 2024. Special Use Permit Request (S24-01) - Tarin Woods - Shiloh Drive Additional Dwelling Allowance - Request by Samuel Potter with Equitas Law Partners, LLC, applicant, on behalf of Hoosier Daddy, LLC, property owner, for an Additional Dwelling Allowance to increase the allowed density up to 10.2 dwelling units per acre for 24 parcels totaling approximately 16.78 acres of land currently zoned R-15, Residential located at 535, 539, 543, and 547 Manassas Drive and unaddressed parcels on the 5900 block of Shiloh Drive. BRIEF SUMMARY: Staff has received a request by the applicant to continue this item to the July 22, 2024 Board of Commissioners meeting. The stated reason for the request is for the applicant to make changes to the plan submitted with the application. However, any changes to the site plan would invalidate the existing request and require a new application so a withdrawal would be more appropriate. Submission of a new application will restart the review process to include new public notice to surrounding property owners and a preliminary forum with the Planning Board prior to a hearing with the Board of Commissioners. If no changes are made to the application, then Management, Legal, and Planning staff recommend not continuing the hearing without a clear reason from the applicant, as staff anticipates surrounding property owners will be present and prepared to provide testimony regarding the request. The applicant is requesting a special use permit for an additional dwelling allowance to construct a residential project consisting of a mix of multi -family, row, and quadraplex housing types on approximately 16.78 acres of land between Carolina Beach Road and the existing Tarin Woods Subdivision. The properties are currently vacant and zoned R-15, Residential. The existing R-15 district allows multi -family, row, and quadraplex housing by -right at a maximum density of 2.5 dwelling units per acre for a maximum of 42 dwelling units. The U nified Development Ordinance (U DO) allows for the density of R-15 properties to be increased to a maximum of 10.2 dwelling units per acre with the approval of a special use permit by the Board of Commissioners. The applicant is requesting the maximum density allowed for an additional dwelling allowance in the R-15 district. Based on the project area, 10.2 dwelling units per acre would result in a maximum of 171 dwelling units. The project proposes full access at two locations on Manassas Drive, an North Carolina Department of Transportation (NCDOT) maintained local road. The development also interconnects with the existing Tarin Woods Subdivision private roads at Sweetgum Drive, Sand Ridge Drive, and Black Ashe Run. Additionally, a condition has been provided Board of Commissioners - June 3, 2024 ITEM: 13 guaranteeing a road stub for future connection to an adjacent commercially zoned parcel fronting Carolina Beach Road. It is estimated the site would generate approximately 29 AM and 39 PM peak hour trips if developed at the permitted density for performance residential development in the R-15 district. The proposed additional dwelling allowance is estimated to generate 76 AM and 94 PM trips, increasing the estimated number of peak hour trips by approximately 47 AM and SS PM trips. While the estimated traffic generated from the site is under the 100 peak hour threshold that triggers the ordinance requirement for a Traffic Impact Analysis (TIA), the subject parcels and additional traffic was included in the TIA for the larger Tarin Woods Subdivision. NCDOT has stated all required improvements of the TIA have been built and accepted by NCDOT. The 2016 Comprehensive Land Use Plan classifies the properties as General Residential and Urban Mixed Use. The General Residential place type 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 Urban Mixed Use place type promotes development of a mix of residential, office, and retail uses at higher densities. Types of uses encouraged include office, retail, mixed use, small recreation, commercial, institutional, single- family, and multi -family residential. The Planning Board holds a preliminary forum for Special Use Permits. The purpose of the preliminary forum is for the Planning Board, public, and applicant to discuss the request before it moves to the Board of Commissioners for a quasi-judicial hearing. The preliminary forum is not a public hearing, and the Planning Board does not make a recommendation on special use permits. There are four principal conclusions the Board of Commissioners must make when considering a Special Use Permit request based on clear, substantial evidence presented at the hearing: 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 located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. STRATEGIC PLAN ALIGNMENT: • Workforce & Economic Development o A business -friendly environment that promotes growth, agility, and collaboration. ■ Plan for the long-term needs of businesses through timely, innovative programs and community partnerships. RECOMMENDED MOTION AND REQUESTED ACTIONS: Board of Commissioners - June 3, 2024 ITEM: 13 Note: Applicant withdrew item. Example Motion for Approval: Motion to approve the permit as the Board finds that this application for a Special Use Permit meets the four required conclusions based on the findings of fact included in the Staff Report and additional evidence presented at the public hearing. Subject to the following conditions agreed to by the applicant (please read conditions into the record): 1. Attached residential dwellings on the east side of Shiloh Drive shall be sited perpendicular to neighboring single- family residential lots. 2. Any portion of the proposed development that utilizes any portion of the existing stormwater management system for Tarin Woods Subdivision that is not accepted into the Tarin Woods property owners association must enter into a stormwater maintenance agreement with the Tarin Woods property owners association. 3. The northern terminus of the Shiloh Drive extension shall be paved to the property line of the adjacent commercially zoned property as shown on the concept plan. A public access easement shall be provided at the property line to allow interconnectivity between parcels. OPTIONAL (if additional conditions have been identified that will bring the proposal in line with the required conclusions.) Subject to the following additional conditions agreed to by the applicant: Example Motion for Denial: Motion to deny the permit because the Board finds (choose all that apply): A. That the use WI LL materially endanger the public health or safety (for the following reason(s)): B. That the use DOES NOT meet all required conditions and specifications of the Unified Development Ordinance (for the following reason(s)): C. That the use WI LL substantially injure the value of adjoining or abutting property (for the following reason(s)): Board of Commissioners - June 3, 2024 ITEM: 13 D. that the location and character of the use if developed according to the plan as submitted and approved W ILL NOT be in harmony with the area in which it is located and in general conformity with the Comprehensive Land Use Plan for New Hanover County (for the following reason(s)): ATTACHMENTS: S24-01 BOC Script S24-01 BOC Staff Report S24-01 Zoning Map S24-01 Future Land Use Map S24-01 Mailout Map S24-01 Application Cmersheet S24-01 Application S24-01 Concept Plan Co\,ersheet S24-01 Concept Plan S24-01 Additional Items Submitted by Parties S24-01 Additional items Submitted by Parties Staff Presentation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Not: Applicant withdrew item. 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: Note: Applicant withdrew item. Board of Commissioners - June 3, 2024 ITEM: 13 SCRIPT for SPECIAL USE PERMIT Application (S24-01) Request by Samuel Potter with Equitas Law Partners, LLC, applicant, on behalf of Hoosier Daddy, LLC, property owner, for an Additional Dwelling Allowance to increase the allowed density up to 10.2 dwelling units per acre for 24 parcels totaling approximately 16.78 acres of land currently zoned R-15, Residential located at 535, 539, 543, and 547 Manassas Drive and unaddressed parcels on the 5900 block of Shiloh Drive. 1. This is a quasi-judicial hearing. Before the hearing is opened, the Deputy County Attorney will provide an overview of the hearing procedures. 2. Deputy County Attorney Overview 3. Because the Special Use Permit process requires a quasi-judicial hearing, 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. 4. We will first hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes for rebuttal. 5. 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) 6. Close the hearing 7. Board discussion 8. Ask Applicant whether he/she agrees with staff findings. 9. Vote on the Special Use Permit application. Example Motion for Approval: 13 Motion to approve the permit as the Board finds that this application for a Special Use Permit meets the four required conclusions based on the findings of fact included in the Staff Report and additional evidence presented at the public hearing. 13 Approval is subject to the applicant signing an agreement acknowledging the applicant's consent to all of the following conditions agreed to by the applicant (please read conditions into the record): 1. Attached residential dwellings on the east side of Shiloh Drive shall be sited perpendicular to neighboring single-family residential lots. 2. Any portion of the proposed development that utilizes any portion of the existing stormwater management system for Tarin Woods Subdivision that is not accepted into the Tarin Woods property owners association must enter into a stormwater maintenance agreement with the Tarin Woods property owners association. 3. The northern terminus of the Shiloh Drive extension shall be paved to the property line of the adjacent commercially zoned property as shown on the concept plan. A public access easement shall be provided at the property line to allow interconnectivity between the parcels. OPTIONAL (if additional conditions have been identified that will bring the proposal in line with the required conclusions.) Example Motion for Denial: 13 Motion to deny the permit because the Board finds (choose all that apply): a. That the use WILL materially endanger the public health or safety if located where proposed (for the following reason(s)): b. That the use DOES NOT meet all required condition and specifications (for the following reason(s)): c. That the use WILL substantially injure the value of adjoining or abutting property, or that the use is NOT a public necessity (for the following reason(s)): d. That the location and character of the use if developed according to the plan as submitted and approved WILL NOT be in harmony with the area in which it is to be located and WILL NOT be in general conformity with the Comprehensive Land Use Plan for New Hanover County (for the following reason(s)): STAFF REPORT FOR S24-01 SPECIAL USE PERMIT APPLICATION APPLICATION SUMMARY Case Number: S24-01 Request: Additional Dwelling Allowance Applicant: Property Owner(s): Samuel Potter, Equitas Law Partners, LLP Hoosier Daddy, LLC Location: Acreage: 535, 539, 543, and 547 Manassas Drive and unaddressed parcels on the 5900 block of 16.78 Shiloh Drive PID(s): Comp Plan Place Type: R07906-001-009-000, R07906-001-010-000, R07906-001-01 1-000, R07906-001-013-000, R07906-001-014-000, R07906-001-015-000, R07906-001-016-000, R07906-001-017-000, R07906-001-018-000, R07906-002-010-000, R07906-002-009-000, R07906-002-008-000, General Residential & Urban Mixed Use R07906-002-007-000, R07906-002-006-000, R07906-002-005-000, R07906-002-004-000, R07906-002-003-000, R07906-002-002-000, R07906-002-001-000, R07618-002-002-000, R07618-002-001-000, R07600-004-061-000, R07600-004-067-000, R07600-004-416-000 Existing Land Use: Proposed Land Use: Platted and Undeveloped Land 171 multi -family and attached row dwellings Current Zoning: R-15, Residential ZONING ✓_�__ C > S24-01 Staff Report BOC 6.3.2024 Site ZONING _I i-_� ram- 1]r K'=o ca F c _�_ Elgin 5t a z �s_i7r - o '��' _ _ ' i Congjeian.R / rzo r. rr k Page 1 of 21 Board of Commissioners - June 3, 2024 ITEM: 13- 2 - 1 SURROUNDING AREA LAND USE ZONING North Single -Family Residential and Vacant Undeveloped Land R-15 East Single -Family Residential R-15 South Single -Family Residential and Hanover Pines Park R-15 West General Office, Retail, Self -Storage, and Single -Family Residential R-15 and B-2 21,40 .F i � .. e• r � I �'s: • y . .] �y,lk t�i 3 ■ " ZONING HISTORY April 7, 1971 Initially zoned R-15 (Area 4) COMMUNITY SERVICES Water/Sewer CFPUA water and sewer utilities available through public utility mainline extensions. Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire District, New Hanover County Station 18. Schools Ashley High School, Murray Middle School, Bellamy Elementary Recreation Hanover Pines Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation The conservation resource map indicates pocosin wetlands on the property; however they are not underlaid with Class IV soils, which triggers additional development standards. Historic No known historic resources Archaeological No known archaeological resources S24-01 Staff Report BOC 6.3.2024 Page 2 of 21 Board of Commissioners - June 3, 2024 ITEM: 13- 2 - 2 APPLICANT'S PROPOSED PLAN 25 FT PERIMETER BUILDING SETBACK �- N �� AREA FOR PHASE 3C DENSITY 1 32,065 SF PERVIOUS MATERIAL SLACKASyT 1 f I BLD 6 OS 6 / BLD 15: Amenity � �� � BLD 18 Center � •:_ BLD 5 ,..::: ;OS 8 81D 16 —� ai �isaucTA= PHASE 5 SW POND US MATERIAL ` ApACE BLD 17 , - OS 7 !v; TAR1 ADD! BLD 4 OS 9 AREA FOR PHASE 3C DENSITY DING SETBACK Cis 5 OS 4 TAMN W Stormwater Row Style �. BLD 7 sq�o Attached Dwellings o BLD 8 o� LD9 I --• - /i I f- ING SETBACK BLD 10- US MATERIAL 8LD 11 25 FT PERIMETER BUILDING SFTRACK BLO 3.0 PHASE 3 SW POND Multi- -- 81D 12 Family 67 PARM TACES BID 13 . TARIN WOODS 11 PHASE 3 BLD 14 ETGUM ➢R! PARKING SPACES . J 05 2. ' I toa 5 UrIVe — I2 1 1. Manassas Drive'vEi - —=:V Site Plan for Additional Dwelling Allowance with Staff Markup S24-01 Staff Report BOC 6.3.2024 Page 3 of 21 Board of Commissioners - June 3, 2024 ITEM: 13- 2 - 3 • The applicant is requesting a special use permit for an Additional Dwelling Allowance for a maximum density of 10.2 dwelling units on a maximum 16.78 acres for a maximum total of 171 dwelling units. • The proposed plan includes an amenity center and 108 multi -family dwelling units, 55 row - style dwelling units in the form of five 6-unit buildings and five 5-unit buildings, and two quadraplexes. • The applicant proposes to provide stormwater management through a combination of existing stormwater ponds in the Tarin Woods Subdivision and new stormwater ponds. • The property is currently zoned R-15. The maximum base density of the R-15 district is 2.5 dwelling units per acre. Under the performance residential subdivision standards that would result in 42 dwelling units on a 16.78-acre site. • Access is provided through two full access drives onto Manassas Drive with additional interconnectivity to the private roads Sweetgum Drive, Sandridge Drive, and Black Ashe Run. • An additional road stub has been provided to the property line with adjacent commercially zoned property along Carolina Beach Road for future access. A condition has been included guaranteeing that future connection. ZONING CONSIDERATIONS • Additional Dwelling Allowances are permitted in the R-15 district with approval of a Special Use Permit and are subject to the requirements in Section 3.1.3.E of the Unified Development Ordinance (UDO). These standards generally address density, open space, utility and stormwater improvements, proximity to higher density place types listed in the Comprehensive Land Use Plan, access, and impervious surface limitations. • As proposed, the site meets the specifications of Section 3.1.3.E of the UDO. • If approved, the project would be subject to Technical Review Committee and Zoning Compliance review processes to ensure full compliance with all ordinance requirements and specific conditions included in the approval. Only minor deviations from the approved conceptual plan, as defined by the UDO, would be allowed. S24-01 Staff Report BOC 6.3.2024 Page 4 of 21 Board of Commissioners - June 3, 2024 ITEM: 13- 2 - 4 AREA DEVELOPMENT r The Towns At: ��. la,:.. 1 . j L1� 1, y Park Place Gii 7� Heron Hill . Li �'V •� �'C �' += Motts Landing a� , �.,v i Ironwood ` ders:l;d— =a:.. Pep per'Hill. F Watermark - STIP Projectr�_ Approved TIA Subdivisions Under Habitat Re -store Construction A' Subject Sitei3 1J-'` T Mile Radius S24-01 Staff Report BOC 6.3.2024 Board of Commissioners - June 3, 2024 ITEM: 13- 2 - 5 Page 5 of 21 TRANSPORTATION Site Access r----- O LLJ Z71 � CHRISTA DR m _ < MANAS5A5 DR J' Primary Access: Manassas Drive Han N CURRENT CONDITIONS Intensity of Current Zoning Vacant Undeveloped Residential Lots PROPOSED ACCESS Primary Access Full access onto Manassas Drive Secondary Access Tarin Woods Subdivision private roads Sweetgum Drive, Sand Ridge Drive, Black Ashe Run S24-01 Staff Report BOC 6.3.2024 Page 6 of 21 Board of Commissioners - June 3, 2024 ITEM: 13- 2 - 6 EXISTING ROADWAY CHARACTERISTICS Carolina Beach Manassas Tarin Woods Affected Roadway Road Drive Subdivision Private Roads Type of Roadway NCDOT State NCDOT Local private Highway Road Roadway Planning Capacity (AADT) 41,370 4,000* N/A Latest Traffic Volume (AADT) - 2023 46,656 3,000 N/A Latest WMPO Point -in -Time County 48,748 N/A N/A (DT) Current Level of Congestion Above Capacity Available N/A Capacity Source of Planning Capacity: WMPO Sources Source of Latest Traffic Volume: 2023 Source of WMPO Point -in -Time Count: July 2023 NEARBY NCDOT STIP ROADWAY PROJECTS U-5702B — S. College Rd. - Access management and travel time improvements Improvements along College Road between Shipyard Boulevard (2025 Right-of-way acquisition and and Carolina Beach Road. utilities) U-5790 — Monkey Junction - Project to convert the intersection of Carolina Beach Intersection and Roadway Road and College Road to a continuous flow Improvements intersection. (2029 Right-of-way acquisition and - The project includes widening Carolina Beach Road utilities) south of the intersection to Sanders Road. TRAFFIC GENERATION Traffic Generation Traffic Generated Potential Estimate for by Proposed Use Impact of Current Zoning Proposed Use AM Peak Hour Trips 29 76 +47 PM Peak Hour Trips 39 94 +55 Typical Development with Existing Zoning — 42 single family Assumptions dwelling units Proposed Development — 171 multi -family dwelling units. Sources Source of Trip Generation: ITE Trip Generation Manual, 1 1 th ed S24-01 Staff Report BOC 6.3.2024 Page 7 of 21 Board of Commissioners - June 3, 2024 ITEM: 13- 2 - 7 TRAFFIC IMPACT ANALYSIS (TIA) The estimated traffic generated from the site is under the 100 peak hour threshold that triggers the ordinance requirement for a Traffic Impact Analysis (TIA). However, the project area was included as part of the overall analysis for the Tarin Woods Subdivision TIA approved in May 2018 and later amended in March 2020. A team of NCDOT, WMPO, and County planning staff work with an applicant's traffic engineers to develop the scope for the TIA, including the study area, the traffic data which must be collected, trip distribution, and the developments and background traffic growth that must be analyzed. This document is used to identify off -site transportation improvements required to mitigate the impacts of the development and must be approved by the WMPO and NCDOT. May 8, 2018 Approval Date Revised approval March 26, 2020 Development Proposal Analyzed 219 Single Family Detached Dwellings and 458 Multi - Family Dwellings - Carolina Beach Road at Sanders Road - Carolina Beach Road at Manassas Drive - Manassas Drive at Appomattox Drive - Lieutenant Congleton Road at Tarin Road Study Intersections - Manassas Drive at Shiloh Drive - Carolina Beach Road at Kings Highway - Kings Highway at Proposed Site Access - Carolina Beach Road at U-turn north of Kings Highway. - 363 AM peak hour trips Trip Generation - 445 PM peak hour trips - 5,556 average daily trips - January 25, 2017 — Carolina Beach Road at Sanders Road Traffic Data Collection - January 25, 2017 — Carolina Beach Road at Manassas Drive - January 25, 2017 — Manassas Drive at Appomattox Drive S24-01 Staff Report BOC 6.3.2024 Page 8 of 21 Board of Commissioners - June 3, 2024 ITEM: 13- 2 - 8 - January 25, 2017 — Lieutenant Congleton Road at Tarin Road - January 26, 20217 — Manassas Drive at Shiloh Drive - September 19, 2017 — Carolina Beach Road at Kings Highway - September 19, 2017 — Kings Highway at Proposed Site Access - October 3, 2017 — Carolina Beach Road at U-turn north of Kings Highway. - 75% to and from the north on Carolina Beach Rd Trip Distribution and Assignment - 20% to and from the south on Carolina Beach Rd - 5% to and from the west on Sanders Road - River Lights (20%) - Tarin Woods I Approved Developments & - Beau Rivage Background Growth - Full Build — 2020 - Growth Rate — 1 % per year Manassas Drive at Appomattox Drive - No improvements required. Manassas Drive at Shiloh Drive - No improvements required. Lieutenant Congleton Road at Tarin Road Required Improvements - No improvements required. Phase 2A with build out year 2018 — 214 single-family dwelling units. - Provide a northbound leftover / U-turn with 250 feet of storage with appropriate deceleration and taper. S24-01 Staff Report BOC 6.3.2024 Page 9 of 21 Board of Commissioners - June 3, 2024 ITEM: 13- 2 - 9 Reduce the northbound left turn lane for Carolina Beach Road at Sanders Road from 550 feet of storage to 450 feet of storage. The Phase 2A improvements shall require a bond to be provided prior to the recording of a final plat or issuance of any other required final zoning approvals (i.e., final zoning inspection for a multi- family project) for any lot or dwelling unit including or exceeding a total of 96 lots / units within the development. See Phase 2A Bonding Requirements below. Phase 2B(1) with building out year of 2020 — 219 single- family dwelling units (includes Phase 2A) and 398 multi- family dwelling units. - Provide a second westbound right turn lane with 225 feet of storage, full -width deceleration and appropriate taper at Carolina Beach Road and Manassas Drive. - Provide a northbound leftover / U-turn with 250 feet of storage with appropriate deceleration and taper at Carolina Beach Road and the Harris Teeter driveway. - Provide a right -out exit only access road at a new site access north of Sanders Road. - Phase 2A Bonding Requirements: Prior to the recording of a plat that includes or exceeds the 96'" lot and / or issuance of any other required final zoning approvals for any lot or dwelling unit including or exceeding a total of 96 lots / units within the development, the applicant shall furnish a bond in an amount necessary to guarantee the improvements required within the TIA Approval Letter for the subject development. The NCDOT District Engineer shall specify the bond amount, terms, and warranty period. The applicant shall well and truly install the said improvements within the approval letter on an along the highway in accordance with the applicable NCDOT Standard Specifications for Roads and Structures. The applicant shall indemnify NCDOT if the applicants meets any of the following criteria: S24-01 Staff Report BOC 6.3.2024 Page 10 of 21 Board of Commissioners - June 3, 2024 ITEM: 13- 2 - 10 - Failure to install the required improvements. - Records a plat that includes or exceeds the 96'" lot. - Issues any other required final zoning approvals for any lot or dwelling unit including or exceeding a total of 96 lots units within the subject development, or - Defaults wholly or in part at any time after the subject development includes or exceeds a 96r" lot as defined above. SUMMARY The proposed project is located along an NCDOT local road with exits directly onto Carolina Beach Road with additional access to Myrtle Grove Road through Lt. Congleton Road. Carolina Beach Road is currently above capacity. Two proposed NCDOT roadway improvement projects are planned north of the site to address existing roadway conditions however right-of-way acquisition is not anticipated until 2025-2029. The project area was included in a TIA that was approved in 2018 and amended in 2020 encompassing the entire Tarin Woods II development. The scope of the project analyzed in the TIA was more intensive than both the project under consideration and Tarin Woods. NCDOT has stated all of the improvements required by the 2020 amended TIA to mitigate the estimated traffic generated by the project analyzed by the TIA have been installed and accepted by NCDOT. The project will be subject to NCDOT engineering review through the driveway permitting process. *Manassas Drive does not have a listed planning capacity. The WMPO and NCDOT use a base 4,000 vehicles per day for these road types because it is the minimum threshold necessary for NCDOT to discuss roadway capacity improvements. ENVIRONMENTAL • The property is not within a Natural Heritage Area or the Special Flood Hazard Area. • The property is within the Mott Creek and Everette Creek watersheds. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class I (Suitable), Class III (Severe Limitation), and Class IV (Unsuitable) soils; however, the project is expected to be served by CFPUA water and sewer if developed. • The conservation resource map indicates pocosin wetlands on the property however they are not underlaid with Class IV soils which triggers additional development standards. • The existing stormwater management ponds for Tarin Woods are sized to accommodate the proposed development for the southern portion of the project adjacent to Shiloh Road. • The development area was included in the original stormwater engineering and permitting for the Tarin Woods Subdivision. S24-01 Staff Report BOC 6.3.2024 Page 11 of 21 Board of Commissioners - June 3, 2024 ITEM: 13- 2 - 11 • The developer has included a condition to address future maintenance of the existing and any future stormwater management systems requiring portions of the proposed development obtain approval to join the existing Tarin Woods Property Owners Association or enter into a maintenance agreement. OTHER CONSIDERATIONS Schools • Students living in the proposed development would be assigned to Anderson Elementary School, Murray Middle School and Ashley High School. Students may apply to attend public magnet, year-round elementary, or specialty high schools. • A maximum of 42 dwelling units would be permitted under the current R-15 zoning base density, and 171 units could potentially be developed under the proposed zoning for an increase of 129 dwelling units. • Based on a generalized historic generation rate*, staff would estimate that the increase in homes would result in approximately 27 additional students than would be generated under current zoning. • The general student generation rate provides only an estimate of anticipated student yield as different forms of housing at different price points yield different numbers of students. • Over the past four years, staff has also seen a decline in the number of students generated by new development. Between the 2020-2021 school year and the 2023-2024 school year, total student population decreased by approximately 300 students, while over 1 1,000 new residential units were constructed. • The county uses the most current New Hanover County Schools Facilities Needs Study in its analysis and it currently shows the student population is anticipated to only grow by approximately 1,300 students over the next 10 years. However, a more recent New Hanover County School Facility Utilization Study presented to the School Board in September 2023 indicates only approximately 400 more students by the 2032-2033 school year, though numbers are anticipated to be higher during certain school years over the next ten years. Development Type Intensity Estimated Student Yield (current general student generation rate) Existing Development 0 residential units Approximate** Total: 0 (0 elementary, 0 middle, 0 high) Typical Development 42 residential units Approximate** Total: 9 Under Current Zoning (4 elementary, 2 middle, 3 high) Proposed Zoning 171 residential Approximate** Total: 36 units (17 elementary, 7 middle, 12 high) *The current general student generation rate was calculated by dividing the New Hanover County public school student enrollment for the 2023-2024 school year by the number of dwelling units in the county. Currently, there are an average of 0.21 public school students (0.10 for elementary, 0.04 for middle, and 0.07 for high) generated per dwelling unit across New Hanover County. These numbers are updated annually and include students attending out - of -district specialty schools, such as year-round elementary schools, Isaac Bear, and SeaTech. S24-01 Staff Report BOC 6.3.2024 Page 12 of 21 Board of Commissioners - June 3, 2024 ITEM: 13- 2 - 12 **Because the student generation rate often results in fractional numbers, all approximate student generation yields with a fraction of 0.5 or higher are rounded up to a whole number and yields with a fraction of less than 0.5 are rounded down. This may result in student numbers at the elementary, middle, and high school levels not equaling the approximate total. • Staff has provided information on existing school capacity to provide a general idea of the potential impact on public schools, but these numbers do not reflect any future capacity upgrades. School Enrollment* and Capacity** (2023-2024 School Year) Total Enrollment of Capacity of Capacity of Funded or Level NHC School Assignment Assigned Assigned Planned Capacity School School School Capacity w/Portables Upgrades Elementary 90% Anderson 603 569 106% None Middle 88% Murray 896 889 101 % None High 100% Ashley 1910 1900 100.5% None *Enrollment is based on the New Hanover County Schools student numbers for the 2023-2024 school year. **Capacity calculations were determined based on the capacities for the 2023-2024 school year, and funded or planned capacity upgrades were those included in the Facility Needs Study presented by New Hanover County Schools to the Board of Education in January 2021. This information does not take into account flexible scheduling that may be available in high school settings, which can reduce the portion of the student body on campus at any one time. • The 2021 facility needs survey prepared by Schools staff indicates that, based on NC Department of Public Instruction (DPI) student growth projections and school capacity data, planned facility upgrades, combined with changes to student enrollment patterns, will result in adequate capacity district wide over the next ten years if facility upgrades are funded. • The more recent New Hanover County Schools School Facility Utilization Study has been prepared and was presented to the School Board in September 2023, and it identifies updated capacity upgrade projects. Those upgrade projects have not been finalized by the New Hanover County School Board. Context and Compatibility • The property is located between existing properties zoned and used for commercial purposes along Carolina Beach Road and the existing Tarin Woods Subdivision, a lower density single-family residential development. • The proposed attached housing type increases housing type diversity in the area and acts as an appropriate transition between the commercially zoned Carolina Beach Road corridor and the existing lower density Tarin Woods Subdivision, which itself acts as a buffer for even lower density residential development east towards Myrtle Grove Road. • The property is located south of the Myrtle Grove shopping center and Monkey Junction commercial node providing services, amenities, and educational and employment opportunities. • The new county park Hanover Pines is immediately south of the proposed project. S24-01 Staff Report BOC 6.3.2024 Page 13 of 21 Board of Commissioners - June 3, 2024 ITEM: 13- 2 - 13 • Most of the surrounding land is either single-family developments or commercial uses intended to serve the surrounding homes. 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. LAND USE - �a -- na-=' 11 _� oresi•. '�y'•�i��� t �lj Jm ]P� Site ------• �'- Sanders- _ 1c Imo- __ - . � - o";=:. �� -41 rE EFF ChrIsta Dr r F� 0 r�o p ` _ Future Land Use ❑ Q a-. , s�eet.01%A GENERAL RESIDENTIAI f. Man1 - URBAN MIXED USE a ssas_Dr—o j SE4-Gi ! LL;..�..1. u Future Land Use Map Place Type General Residential and Urban 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. General Residential: Focuses on lower -density housing and associated civic and commercial services. Typically, housing is single-family or duplexes. Commercial uses should be limited to strategically located office and retail spaces, while recreation and school facilities are encouraged throughout. Types of uses include single-family residential, low density multi -family Place Type residential, light commercial, civic, and recreational. Description Urban Mixed Use: Promotes development of a mix of residential, office, and retail uses at higher densities. Types of uses encouraged include office, retail, mixed use, small recreation, commercial, institutional, single-family, and multi -family residential. S24-01 Staff Report BOC 6.3.2024 Page 14 of 21 Board of Commissioners - June 3, 2024 ITEM: 13- 2 - 14 Analysis The 2016 Comprehensive Plan classifies the majority of the property as General Residential, which encourages single family and duplex residential development at a maximum density of 8 dwelling units per acre. The Urban Mixed Use place type promotes multi -family and higher density single-family development to provide a range of housing types, opportunities, and choices. The Urban Mixed Use place type does not recommend a maximum density and identifies Monkey Junction as an appropriate area for higher density development. The requirements for an Additional Dwelling Allowance require a project to be totally or primarily in, contiguous to, or within 250 feet of, the boundary of areas classified as Employment Center, Urban Mixed Use, or Community Mixed Use place types in the Comprehensive Plan Additional conditions have been proposed regarding the orientation of attached dwellings adjacent to single family homes, stormwater, and interconnectivity. Proposed Conditions Applicant Proposed Conditions: (additional conditions may be added that will bring the proposal in line with the required conclusions) 1 . Attached residential dwellings on the east side of Shiloh Drive shall be sited perpendicular to neighboring single-family residential lots. 2. Any portion of the proposed development that utilizes any portion of the existing stormwater management system for Tarin Woods Subdivision that is not accepted into the Tarin Woods property owners association must enter into a stormwater maintenance agreement with the Tarin Woods property owners association. 3. The northern terminus of the Shiloh Drive extension shall be paved to the property line of the adjacent commercially zoned property as shown on the concept plan. A public access easement shall be provided at the property line to allow interconnectivity between the parcels. S24-01 Staff Report BOC 6.3.2024 Page 15 of 21 Board of Commissioners - June 3, 2024 ITEM: 13- 2 - 15 EXAMPLE MOTIONS Staff does not provide a recommendation for Special Use Permits however staff has compiled information to assist the Board in their decision making to determine the appropriate Findings of Fact to Date. Based on the evidence presented to the Board, one of the following motions could be made: Example Motion for Approval: 13 Motion to approve the permit as the Board finds that this application for a Special Use Permit meets the four required conclusions based on the findings of fact included in the Staff Report and additional evidence presented at the public hearing. OPTIONAL (if conditions have been identified that will bring the proposal in line with the required conclusions.) Subject to the following conditions agreed to by the applicant: Example Motion for Denial: Motion to deny the permit because the Board cannot find (choose all that apply): ri a. That the use will not materially endanger the public health or safety if located where proposed (for the following reason(s)): b. That the use meets all required condition and specifications (for the following reason(s)): S24-01 Staff Report BOC 6.3.2024 Page 16 of 21 Board of Commissioners - June 3, 2024 ITEM: 13- 2 - 16 c. That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity (for the following reason(s)): 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 (for the following reason(s)): STAFF PRELIMINARY CONCLUSIONS AND FINDINGS OF FACT: After an analysis of the proposed use and the information provided as part of the application package staff has compiled the facts provided in the application and identified through staff technical review and analysis. They are organized by the applicable conclusion. These findings are preliminary and additional relevant facts may be presented during the public hearing. Compiled facts may or may not support the Board's conclusion. 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. Compiled Facts May or May Not Support the Board's Conclusion. Relevant Findings of Fact Presented to Date A. CFPUA water and sewer are available through mainline extensions. Project proposes to connect to public water and sewer. B. The subject property is located in the New Hanover County Northern Fire Service District. C. Access to the site will be provided by one full access driveway and a second right -in / right - out driveway on Manassas Drive with additional interconnectivity to the private roads Sweetgum Drive, Sand Ridge Drive, and Black Ashe Run. D. The proposed use will generate an estimated 76 AM and 94 PM peak hour trips. The proposed project was included in a Traffic Impact Analysis (TIA) completed in 20 7 8 for the overall Tarin Woods Subdivision development. NCDOT has confirmed all required improvements of the TIA have been installed. E. The AADT Planning Capacity for Carolina Beach Road is 41,370 trips and the AADT Latest Traffic Volume is 48,000 trips indicating the highway is currently above capacity. F. The new county park Hanover Pines is immediately south of the proposed project. S24-01 Staff Report BOC 6.3.2024 Page 17 of 21 Board of Commissioners - June 3, 2024 ITEM: 13- 2 - 17 G. The conservation resource map indicates pocosin wetlands on the property; however, they are not underlaid with Class IV soils, which triggers additional development standards. Conclusion 2: The Board must find that the use meets all required conditions and specifications of the Unified Development Ordinance. Compiled Facts May or May Not Support the Board's Conclusion. Relevant Findings of Fact Presented to Date A. An additional dwelling allowance is allowed by Special Use Permit in the R-15, Residential zoning district. B. Section 3.1.3.E.l.b states the base site acreage shall be determined by subtracting the acreage of water bodies and other areas below the mean high-water line, if tidally influenced, or below mean water line, if non -tidally influenced, land used as open space in prior residential development, and land used for commercial, office and institutional, and light industrial purposes in a PD district. The site does not contain water bodies, open space from prior residential development, and is not in a PD district. C. Section 3.1.3.E.l.c states the maximum number of dwelling units that may be built shall be determined by multiplying the base site area by the appropriate density factor of 10.2 dwelling units per acre as provided in Table 3.1.3.E.1.c. The base site acreage is 76.78. The maximum number of dwelling units allowed is 771. The applicant is requesting 777 dwelling units. D. Section 3.1.3.E.1.d states residential units shall not be clustered at a density greater than 2.5 units per base acre in the AE or VE special flood hazard areas or CAMA Estuarine Areas of Environmental Concern. The subject site is not located in the AE or VE special flood hazard areas or CAMA Estuarine Areas of Environmental Concern. E. Section 3.1.3.E.2.a states developments allowed an additional dwelling allowance shall be located on a parcel of land that is either totally or primarily in, contiguous to, or within 250 feet of, the boundary of areas classified as Employment Center, Urban Mixed Use, or Community Mixed Use place types in the Comprehensive Plan. Approximately 0.78 acres of the project area is within the Urban Mixed Use place type. All parcels in the project area are within 250 feet of the Urban Mixed Use place type. F. Section 3.1.3.E.2.b states the development shall have direct access to and from an existing major or minor arterial as indicated on the most recent officially adopted Wilmington MPO Functional Classification Map. This direct access requirement will be satisfied if one or more property boundary lines is contiguous with and utilizes access to and from an existing major or minor arterial, or the development accesses an existing major or minor arterial roadway by a NCDOT-maintained public street, or by a private street designed and constructed in accordance with the County's minimum standards for a collector road. The development accesses an existing major or minor arterial roadway by Manassas Drive, an NCDOT- maintained local road. G. Section 3.1.3.E.2.c states all interior drives shall be designed so as to provide adequate access for emergency service vehicles. Interior drives shall be reviewed and approved by New Hanover County Fire as part of the Technical Review Committee (TRC) review process. S24-01 Staff Report BOC 6.3.2024 Page 18 of 21 Board of Commissioners - June 3, 2024 ITEM: 13- 2 - 18 H. Table 3.1.3.E.3.a.1 requires a minimum of 35% open space for additional dwelling allowance developments in the R-15 district. 35% of 76.78 acres is 5.87 acres of required open space. The proposed development provides 5.92 acres (35.2%) of open space. I. Table 3.1.3.E.4 requires public or community sewer, public or community water, underground storm drainage, and a maximum impervious surface ratio for gross site area of .40. The maximum allowed impervious surface area for 16.78 acres is 292,374.7 square feet. The concept plan shows a maximum impervious surface of 292,374.7 square feet and an additional 70,206.3 square feet of pervious concrete. J. Section 3.1.3.E.5.a states the required minimum setback for developments with an additional dwelling allowance shall not be less than 25 feet. The concept plan shows a 25-foot-wide perimeter building setback around the proposed development. K. Section 3.1.3.E.5.b states when additional dwelling allowance developments are located and adjacent to any existing detached residential development (not including Mobile Home Parks, other developments with an Additional Dwelling Allowance or High -Density Development special use permit, or General Planned Development districts), structures over 25 feet in height shall be setback a distance equal to the height of the structure. L. Section 3.1.3.E.5.c states multi -family dwelling units shall be spaced a minimum of 20 feet from any part of another dwelling unit. All other dwelling units shall be spaced a minimum of 10 feet from each other. Multi -family dwelling units are a minimum of 20 feet apart from another dwelling unit. Attached row houses are a minimum of 10 feet apart from other dwellings. M. Section 3.1.3.E.6.a states buffer strips shall be required in accordance with Section 5.4 Landscaping and Buffering. If approved, buffer landscaping shall be reviewed during TRC review. N. Section 3.1.3.E.6.b states parking shall be provided in accordance with Section 5.1 Parking and Loading. If approved, parking shall be reviewed as during TRC review. O. Section 3.1.3.E.6.c states signs shall be in accordance with Section 5.6 Signs. Signs shall be reviewed through the sign permitting and review process with the Planning & Land Use Department. P. Section 3.1.3.E.6.d states sewage disposal facilities shall be in accordance with the requirements for utility lines and facilities outlined in Section 4.3.3.1 Utilities. CFPUA shall review and permit the proposed sewer through the CFPUA permitting process. Q. Section 3.1.3.E.7.a states when a plat or map is to be recorded, the maps or plat shall contain a Certificate indicating the book and page number of the homeowners association covenants, conditions and restrictions. New restrictive covenants or updates to existing restrictive covenants shall be recorded with the Register of Deeds and a certificate shall be included on the plat prior to recordation. The restrictive covenants shall be reviewed and approved by the Planning & Land Use Department and Legal Department prior to recordation. R. Section 3.1.3.E.7.b states responsibilities for maintenance of private streets, open space, recreation facilities, and other common areas shall be specified. Responsibilities for maintenance of private streets, open space, recreation facilities and other common areas shall be included in the restrictive covenants. The restrictive covenants shall be reviewed and approved by the Planning & Land Use Department and Legal Department prior to recordation. S. Section 3.1.3.E.7.c states responsibilities for exterior maintenance of attached dwelling units shall be specified. The developer has the option of including responsibilities for exterior S24-01 Staff Report BOC 6.3.2024 Page 19 of 21 Board of Commissioners - June 3, 2024 ITEM: 13- 2 - 19 maintenance. No responsibilities are proposed. The restrictive covenants shall be reviewed and approved by the Planning & Land Use Department and Legal Department prior to recordation. T. Section 3.1.3.E.7.d states the homeowners association shall be authorized to rebuild damaged or destroyed portions of structures containing attached dwelling units when the individual owner fails to do so. The restrictive covenants shall be reviewed and approved by the Planning & Land Use Department and Legal Department prior to recordation. U. Section 3.1.3.E.8.a states when a development proposal is submitted for an additional dwelling allowance development it shall be reviewed in accordance with the same standards as established in the UDO for subdivisions even if the project does not involve the subdivision of land. The Technical Review Committee (TRC) shall review such plans in addition to board approval of the special use permit. If approved, the project shall be reviewed by the TRC prior to the first Certificate of Occupancy for any structure associated with the project. V. Section 3.1.3.E.8.b states a site plan conforming to the requirements of Section 10.3.6 Site Plan shall be submitted and shall include the approximate delineation of Corps of Engineers Section 404 and Section 10 wetlands. No wetlands are designated on the proposed plan. W. Section 3.1.3.E.8.c states a drainage plan pursuant to Article 6 Subdivision Design and Improvements, and the County's Stormwater Management Ordinance shall be submitted. Existing and proposed stormwater management shall be reviewed by the New Hanover County Engineering Department. X. Section 3.1.3.E.8.d states revisions for development plans with an additional dwelling allowance shall be reviewed the same as an original submittal in accordance with the site plan requirements. Such revisions shall be limited to those areas still owned by the developer. Density calculations shall not include land areas already platted and / or sold. If approved, future revisions shall be reviewed by the Board of Commissioners through the Special Use Permit process. Y. Section 5.1 .4.A.3 states the use of pervious or semi -pervious parking lot surfacing materials, including, but not limited to pervious asphalt and concrete, open joint pavers, and reinforced grass / grave shell grids may be approved for off-street parking and loading areas, provided such surfacing is subject to an on -going maintenance program (e.g., sweeping, annual vacuuming). Any pervious or semi -pervious surfacing used for aisles within or driveways to parking and loading areas shall be certified as capable of accommodating anticipated traffic loading stresses and maintenance impacts. The concept plan includes 70,794 square feet of pervious surface. Provisions for the on -going maintenance of the pervious surface shall be included in the restrictive covenants. The restrictive covenants shall be reviewed and approved by the Planning & Land Use Department and Legal Department prior to recordation. 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. Compiled Facts May or May Not Support the Board's Conclusion. Relevant Findings of Fact Presented to Date A. The proposed Additional Dwelling Allowance is on vacant property located between existing properties zoned and used for commercial purposes along Carolina Beach Road S24-01 Staff Report BOC 6.3.2024 Page 20 of 21 Board of Commissioners - June 3, 2024 ITEM: 13- 2 - 20 and the existing Tarin Woods Subdivision, a lower density single-family residential development. B. Land uses in the immediate vicinity of the subject site are single family residential, duplexes, and mixed commercial along Carolina Beach Road. C. The proposed Additional Dwelling Allowance provides interconnectivity between Shiloh Drive and the private roads Sweetgum Drive, Sand Ridge Avenue, and Black Ashe Run with an additional condition guaranteeing the potential for future interconnectivity to an adjoining commercially zoned parcel. D. No contradictory evidence has been submitted that this project will substantially injure the value of adjoining or abutting properties. Conclusion 4: The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. Compiled Facts May or May Not Support the Board's Conclusion. Relevant Findings of Fact Presented to Date A. The subject site is currently undeveloped. B. No known cultural or archaeological resources are identified on site. C. The site is bounded by residentially zoned property to the north, south, and east. The site is bounded by a mix of commercially and residentially zoned property to the west. D. Land uses in the immediate vicinity of the subject site are residential. E. The 2016 Comprehensive Plan classifies approximately 16 acres of the project area as General Residential, which encourages single family and duplex residential development at a maximum density of 8 dwelling units per acre. At 8 dwelling units per acre on a 7 6.78- acre project area, the Comprehensive Plan recommends a maximum of 7 34 dwelling units. The proposed request is for 777 dwelling units. F. The 2016 Comprehensive Plan classifies approximately 0.78 acres of the project area as Urban Mixed Use which promotes multi -family and higher density single-family development to provide a range of housing types, opportunities, and choices. The Urban Mixed Use place type does not recommend a maximum density and identifies Monkey Junction as an appropriate area for higher density development. 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. G. Additional conditions have been proposed regarding the orientation of attached dwellings adjacent to single family homes, stormwater, and interconnectivity. S24-01 Staff Report BOC 6.3.2024 Page 21 of 21 Board of Commissioners - June 3, 2024 ITEM: 13- 2 - 21 Case: Site Address: Existing Zoning/Use: Proposed Zoning/Use: N S24-01 Shiloh Drive R-15 R-15 �a q," m �o Sh dr_t_ ea Ii�aY 1 o Sanders Rd c� +r / I ) Site a.nopy Wa Zoning o , y g ___ _ M 0 B-1 Christa_Dr 0 - . a 13-2 : 0&I 0 R-15 Manassas Dr CZD On Lt Cg�etOn Rd 10 S24-01 s I� 0 250 500 I I i I i I ,� US Feet Boar of Commissioners - June 202 v ITEM: 13- 3 - 1 'Q4Y iaca- Site Address: S24-01 Shiloh Drive Sand ExistingZoning/Use: onin Use: R-15 Sit ■ �� ai i■ ■ �� ii i■ 11 anassas Dr Future Land Use GENERAL RESIDENTIAL 11 URBAN MIXED USE 0 S24-01 of Commissioners - June ITEM: 13- 4 - 1 Proposed Zoning/Use: N R-15 0 250 500 1 1 1 1 1 US Feet Case: Site Address: Existing Zoning/Use: onin_ /q Use: Proposed Zoning/Use: N S24-01 Shiloh Drive R-15 Levis L-n i nr�r parks tea, Glenn- �n a o MottDr c cob= � G<.ard=Champ►on=Rd=-AY� m c� �,�• `s stud ti c°j Motts Sanders: Site Q 0� Christa Dr c Elgin St h Manassas -Dr-- " br �t o� � . c � Coh9Ye sehtr; lip PIP. v o oss Rd ks. D r G o Nearby Properties t 'm S24-01 FParcels Within 510 00 0 500 1,000 I Feet f C m coroners - June US Feet 13- 5 - 1 mom_ , Initial Application Documents & Materials Board of Commissioners - June 3, 2024 ITEM: 13- 6 - 1 NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina 28403 Telephone (910) 798-7165 FAX (910) 798-7053 planningdevelopment.nhcgov.com SPECIAL USE PERMIT APPLICATION This application form must be completed as part of a special use permit application submitted through the county's online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the application, are set out in Section 10.3.5 of the Unified Development Ordinance. IPublic Hearing Procedures I tional) 1* 2 3 4 5 6 7 )plication Community Application Planning Public Hearing Planning Board Board of Post -Decision Terence Information Submittal & Director Review Scheduling & Preliminary Commissioners Limitations and Meeting Acceptance & Staff Report Notification Forum Hearing & Actions (TRC Optional) Decision *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) Samuel B. Potter, Equitas Law Partners LLP Hoosier Daddy, LLC Company Company/Owner Name 2 Address Address 330 Military Cutoff Rd, Suite A2 3722 Shipyard Blvd, Suite G City, State, Zip City, State, Zip Wilmington, NC 28405 Wilmington, NC 28403 Phone Phone (910) 500-1532 Email Email sam@equitaslp.com Board of Commissioners - June 3, 2024 Page 1 of 8 ITEM: 13- 7 - 1 Special Use Permit Application — Updated 02-2022 2. Subject Property Information Address/Location Parcel Identification Number(s) See attached. Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification 16.78 acres R-15 General Residential 3. Proposed Zoning, Use(s), & Narrative Please list the proposed use(s) of the subject property, and provide the purpose of the special use permit and a project narrative (attach additional pages if necessary). The proposed use of this property is multi -family residential and townhouse style residential development. This Special Use Permit ("SUP") is sought to authorize additional dwelling density in the R-15 zoning district in accordance with Section 3.1.3.E of the New Hanover County Uniform Development Ordinance ("UDO"). Development of this type is aligned with the values expressed in New Hanover County's Comprehensive Land Use plan that suggest that higher density residential development serves as an appropriate buffer from commerical services to lower density residential neighborhoods. This development would serve that exact purpose as reflected in the multi -family arrangement of housing closer to the commercial areas on Carolina Beach Road with the townhouse style development appearing on those portions of the development closer to lower density residential housing. 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. None. Board of Commissioners - June 3, 2024 Page 2 of 8 ITEM: 13- 7 - 2 Special Use Permit Application — Updated 02-2022 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. This SUP will fall within the existing TIA for Tarin Woods II based on the proposed development ITE Land Use: density, as it falls within the aformentioned TIA and the estimated additional trips at peak hours. Trip Generation Use and Variable (gross floor area, dwelling units, etc.) AM Peak Hour Trips: I PM Peak Hour Trips: 6. Criteria Required for Approval of a Special Use Permit A use designated as a special use in a particular zoning district is a use that may be appropriate in the district, but because of its nature, extent, and external impacts, requires special consideration of its location, design, and methods of operation before it can be deemed appropriate in the district and compatible with its surroundings. The purpose is to establish a uniform mechanism for the review of special uses to ensure they are appropriate for the location and zoning district where they are proposed. For each of the four required conclusions listed below, include or attach a statement that explains how any existing conditions, proposed development features, or other relevant facts would allow the Board of County Commissioners to reach the required conclusion, and attach any additional documents or materials that provide supporting factual evidence. The considerations listed under each required conclusion are simply those suggested to help the applicant understand what may be considered in determining whether a required conclusion can be met. Any additional considerations potentially raised by the proposed use or development should be addressed. 1. The use will not materially endanger the public health or safety if located where proposed and approved. Considerations: • Traffic conditions in the vicinity, including the effect of additional traffic on streets and street intersections, and sight lines at street intersections with curb cuts; • Provision of services and utilities, including sewer, water, electrical, garbage collections, fire protection; • Soil erosion and sedimentation; • Protection of public, community, or private water supplies, including possible adverse effects on surface waters or groundwater; or • Anticipated air discharges, including possible adverse effects on air quality. The proposed use is consistent with adjacent uses within the area. The traffic improvements required for this development pursuant to the aformentioned TIA have already been completed. Utility services are available for this property, and the property will be served by existing or installed infrastructure for stormwater, soil erosion and sedimentation control. Additional open space will also be set aside in order to comply with the requirements of the UDO for this SUP and to authorize the additional dwelling density. Board of Commissioners - June 3, 2024 Page 3 of 8 ITEM: 13- 7 - 3 Special Use Permit Application — Updated 02-2022 2. The use meets all required conditions and specifications of the Unified Development Ordinance. The proposed development meets all applicable requirements of the New Hanover County UDO. 3. The use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. Considerations: • The relationship of the proposed use and the character of development to surrounding uses and development, including possible conflicts between them and how these conflicts will be resolved (i.e. buffers, hours of operation, etc.). • Whether the proposed development is so necessary to the public health, safety, and general welfare of the community or County as a whole as to justify it regardless of its impact on the value of adjoining property. This SUP is sought to authorize additional dwelling units in the R-15 zoning district. The proposed use is consisent with surrounding uses, as both are residential in nature. Additionally, the increased density is closest to Carolina Beach Road, and would serve as a "buffer" from the more intenstive commercial uses that run along that major road, to the primarily residential uses that are present further down the local roads adjacent to the proposed development. As such, the development will not injuriously impact the adjoining or abutting property values. Board of Commissioners - June 3, 2024 Page 4 of 8 ITEM: 13- 7 - 4 Special Use Permit Application — Updated 02-2022 4. The location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the New Hanover County Comprehensive Land Use Plan. Considerations: • The relationship of the proposed use and the character of development to surrounding uses and development, including possible conflicts between them and how these conflicts will be resolved (i.e. buffers, hours of operation, etc.). • Consistency with the Comprehensive Plan's goals, objectives for the various planning areas, its definitions of the various land use classifications and activity centers, and its locational standards. This SUP is sought to authorize additional dwelling units in the R-15 zoning district. The proposed use is consisent with surrounding uses, as both are residential in nature. Additionally, the increased density is closest to Carolina Beach Road, and would serve as a "buffer" from the more intenstive commercial uses that run along that major road, to the primarily residential uses that are present further down the local roads adjacent to the proposed development. Development of this type is aligned with the values expressed in New Hanover County's Comprehensive Land Use plan that suggest that higher density residential development serves as an appropriate buffer from commerical services to lower density residential neighborhoods. This development would serve that exact purpose as reflected in the multi -family arrangement of housing closer to the commercial areas on Carolina Beach Road with the townhouse style development appearing on those portions of the development closer to lower density residential housing. Board of Commissioners - June 3, 2024 Page 5 of 8 ITEM: 13- 7 - 5 Special Use Permit Application — Updated 02-2022 Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under "Applicant Initial". If an item is not applicable, mark as "N/A". Applications determined to be incomplete must be corrected in order to be processed for further review; Staff will confirm if an application is complete within five business days of submittal. Application Checklist ❑ This application form, completed and signed ❑ Application fee: Applicant Initial SBP • $500; $250 if application pertains to a residential use (i.e., mobile home, duplex, family child care home). SBP ❑ Traffic Impact Analysis (if applicable) • The official TIA approval letter is recommended prior to this item being placed on the Planning Board meeting agenda. • The official TIA approval letter is required prior to this item being placed on the Board of Commissioners meeting agenda. SBP ❑ Conceptual Site Plan including the following minimum elements: • Tract boundaries and total area, location of adjoining parcels and roads • Proposed use of land, structures and other improvements o For residential uses, this shall include number, height, and type of units; area to be occupied by each structure; and/or subdivided boundaries. o 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 purposes for which it will be used. • Proposed transportation and parking improvements; including proposed rights -of - way and roadways; proposed access to and from the subject site; arrangement and access provisions for parking areas. • All existing and proposed easements, required setbacks, rights -of -way, and buffering. • The location of Special Flood Hazard Areas. • The approximate location of regulated wetlands. • A narrative of the existing vegetation on the subject site including the approximate location, species, and size (DBH) of regulated trees. For site less than 5 acres, the exact location, species, and sized (DBH) of specimen trees must be included. • Any additional conditions and requirements that represent greater restrictions on development and use of the tract than the corresponding general use district regulations or additional limitations on land that may be regulated by Federal or State law or local ordinance. • Any other information that will facilitate review of the proposed special use permit (Ref. Section 10.3.5, as applicable) ❑ Applications for uses in the intensive industry category must also submit: • Community meeting written summary • A list of any local, state, or federal permits required for use ❑ One (1) hard copy of ALL documents and site plan. Additional hard copies may be required by staff depending on the size of the document/site plan. ❑ One (1) digital PDF copy of ALL documents AND plans ❑ For wireless support structures or substantial modifications, the elements listed on the attached checklist SBP SBP SBP Board of Commissioners - June 3, 2024 Page 6 of 8 ITEM: 13- 7 - 6 Special Use Permit Application — Updated 02-2022 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 authorized on my behalf to: 1. Submit an application including all required supplemental information and materials; 2. Appear at public hearings to give representation and comments; 3. Act on my behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of this application; and 4. Provide written consent to any and all conditions of approval. ,7awes Yom James Yopp (Apr 1, A24 15:01 EDT) Signature of Property Owner(s) /l n . 6, Sa tter (Apr 1, 2024 12:21 EDT) Signature of Applicant/Agent Hoosier Daddy, LLC by James Yopp, Manager Print Name(s) Samuel B. Potter, Equitas Law Partners LLP Print Name Note: This form must be signed by the owner(s) of record. If there are multiple property owners, a signature is required for each owner of record. The landowner or their attorney must be present for the application at the preliminary forum and public hearing. If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will be calendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. Board of Commissioners - June 3, 2024 Page 7 of 8 ITEM: 13- 7 - 7 Special Use Permit Application — Updated 02-2022 Telecommunications Requirements Checklist Requirements for Wireless Support Structures & Substantial Modifications Applicant Initial Affidavit certifying the construction and placement of wireless facilities meets the provisions of the Federal Communications Act, 47 U.S.C. § 332, as amended, section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012, 47 U.S.C. § 1455 (a), in accordance with the rules promulgated by the Federal Communications Commission (FCC), and all other applicable federal, state, and local laws. Simulated photographic evidence of the proposed appearance of the wireless support structure and wireless facilities from at least four (4) vantage points and a statement as to the potential visual and aesthetic impacts on all adjacent residential zoning district. Determination of No Hazard to Air Navigation, or other applicable determination by the Federal Aviation Administration (FAA) upon review of FAA Form 7460. For New Wireless Support Structures: Information or materials providing evidence that collocating new antennae and equipment on an existing wireless support structure or structures within the applicant's search ring is not reasonably feasible. Per NCGS 160D-933, collocation on an existing wireless support structure is not reasonably feasible if the collocation is technically or commercially impractical or the owner of the existing wireless support structure is unwilling to enter into a contract for such use at fair market value. Board of Commissioners - June 3, 2024 Page 8 of 8 ITEM: 13- 7 - 8 Special Use Permit Application — Updated 02-2022 Parcel ID R07906-001-009-000 R07906-001-010-000 R07906-001 -011 -000 R07906-001-013-000 R07906-001-014-000 R07906-001-015-000 R07906-001-016-000 R07906-001-017-000 R07906-001-018-000 R07906-002-010-000 R07906-002-009-000 R07906-002-008-000 R07906-002-007-000 R07906-002-006-000 R07906-002-005-000 R07906-002-004-000 R07906-002-003-000 R07906-002-002-000 R07906-002-001-000 R07618-002-002-000 R07618-002-001-000 R07600-004-061-000 R07600-004-067-000 R07600-004-416-000 Board of Commissioners - June 3, 2024 ITEM: 13- 7 - 9 Special Final Audit Report Use Permit Application_02-2022 2024-04-01 Created: 2024-04-01 By: Corrie Lee (corrie@equitaslp.com) Status: Signed Transaction ID: CBJCHBCAABAA4c-2NBV3ZNkRN5gbodD4pTUJIFbgM3r0 "Special Use Permit Application_02-2022" History Document created by Corrie Lee (corrie@equitaslp.com) 2024-04-01 - 4:16:48 PM GMT Document emailed to Samuel B. Potter (sam@equitaslp.com) for signature 2024-04-01 - 4:16:55 PM GMT Document emailed to James Yopp (fames@rockfordpartners.net) for signature 2024-04-01 - 4:16:55 PM GMT 's Email viewed by Samuel B. Potter (sam@equitaslp.com) 2024-04-01 - 4:21:07 PM GMT C.�O Document e-signed by Samuel B. Potter (sam@equitaslp.com) Signature Date: 2024-04-01 - 4:21:19 PM GMT - Time Source: server `1 Email viewed by James Yopp (james@rockfordpartners.net) 2024-04-01 - 7:00:53 PM GMT Cho Document e-signed by James Yopp (james@rockfordpartners.net) Signature Date: 2024-04-01 - 7:01:43 PM GMT - Time Source: server Agreement completed. 2024-04-01 - 7:01:43 PM GMT Q Adobe Acrobat Sign Board of Commissioners -June 3, 2024 ITEM: 13- 7 - 10 Concept Plan Board of Commissioners - June 3, 2024 ITEM: 13- 8 - 1 Q �o some 4WAD S TORM WA TER N 0 TES: BUILDINGS 1-3, 7-14 WILL BE TREATED IN EXISTING S TORM WA TER POND LOCATED IN PHA SE 3. BUILDINGS 4-6,15-17 WILL BE TREATED IN PROPOSED STORMWATER POND LABELED AS "PHASE 5 SW POND " OPEN SPACE CALCULATION OS 1 = 48,805 OS 2 = 4,864 OS 3 = 26,588 OS 4 = 46,685 OS 5 = 38,512 OS 6 = 41,082 OS 7 = 9, 231 OS 8 = 14,113 OS 9 = 28,195 258,075 SF (5.92 AC) 25 FT PERIMETER BUILDING SETBACK 15,776 SF PERVIOUS MATERIAL 25 FT PERIMETER BUILDING SETBACK *'FAIR]1:�►,117911:6:111110ml&y81:�[1�11 23,736 SF PERVIOUS MA TERIAL °°°°°°°°°°°° °°°° = PERVIOUS PAVERS/CONCRETE °°°°°° °°° ................... = OPEN SPACE ------------- Lot 20 I Lot 19 Section 1 Battle Park Section 1 Battle Park MM c Lot 9 Lot Section 1 Battle Pork Sect i10 on 1 Battle Park I I 321065 SF PERVIOUS MA TERIAL (MANASSA-S DRI V — _ E) LJ � TARIN WOODS II PHASE 2 rF77 AREA FOR PHASE 3C DENSITY I 81 ,I E� I vv. ovo 0 PHASE 5 SW POND L TARIN WOODS II PHASE 3 25 FT PERIMETER BUILDING SETBACK _PHASE 3 SW POND TARIN WOODS II PHASE 3 I 1 Lot 27 Sec. 2 E85 TRANSPORT DB 8961 P 0 3 Porcel ID R07906-003-0 1-000 93.24Ft. WalParoel ID9ood R07908-003-002-000 ADDITIONAL PARKING SUP BOUNDARY TARIN WOODS II PHASE 2 ADDITIONAL PARKING SWEETGU M DRIVE i 83 SUP AREA 730, 936.80 SF (16.78 AC) 35% OPEN SPACE = 5.87 AC OPEN SPACE SHOWN = 5.92 AC MAX IMP. = 40% 730, 936.80 X 0.40 = 292, 374.7 SF MAX DENSITY = 10.2 UNITS 16.78 AC X 10.2 UNITS = 171.2 UNITS I MPER VIOUS SHO WN: BUILDINGS = 1351003 SF ROADS = 87, 081 SF PARKING = 101,896 SF DRIVEWAYS = 181601 SF SIDEWALKS = 20,000 SF TOTAL = 362, 581 SF 362, 581 SF — 292, 374.7 SF = 70, 206.3 SF MINIMUM OF 70,194 SF OF PERVIOUS CONCRETE TO BE USED TO REDUCE OVERALL IMPERVIOUS EQUAL TO OR LESS THAN 40% BUILDING SIZES BLD 1 = 18 UNITS (180 X 60) BLD 2 = 18 UNITS (180 X 60) BLD 3 = 18 UNITS (150 X 60) BLD 4 = 18 UNITS (150 X 60) BLD 5 = 18 UNITS (150 X 60) BLD 6 = 18 UNITS (150 X 60) BLD 7 = 6 UNITS (125 X 60) BLD 8 = 6 UNITS (125 X 60) BLD 9 = 6 UNITS (125 X 60) BLD 10 = 6 UNITS (125 X 60) BLD 11 = 5 UNITS (100 X 60) BLD 12 = 5 UNITS (100 X 60) BLD 13 = 5 UNITS (100 X 60 BLD 14 = 6 UNITS (118 X 60 BLD 15 = 4 UNITS (82 X 60 BLD 16= 5 UNITS (104 X 60 BLD 17 = 5 UNITS (104 X 60) BLD 18 = 4 UNITS (82 X 60) = 171 UNI TS CosokS,D ENGINEERING LICENSE # C-2710 ENGINEERING LAND PLANNING COMMERCIAL / RESIDENTIAL P.O. BOX 4041 WILMINGTON, NC 28406 (910) 791- 4441 N U � J 00 J N 0 o�z o owo� (Do pLnJ O O w 0 �V Q �o �m 0 J U W Q WOr �Q 0 oOr Q W Q U W 5 0 z DA TE.• 3-11-24 HORZ. SCALE- 1" = 100' VERT. SCALE. • N/A DRAWN BY- RL W CHECKED B Y.• HSR PROJECT NO.: 06-0134 = SUP BOUNDARY fission .Ls - EM: 13- 9 - tr "tdkPftrk Lot 28 Seuc.bbs. Jr. 100 50 0 100 200 300 SCALE IN FEET. 1 "= 100' Sheet No. - Of Additional Items as Submitted by Parties The Planning Department staff do not attest to the truth or accuracy of the following documents. Each party bears the weight of explaining and certifying the validity of their own submitted items, as well as ensuring they are entered into evidence. Board of Commissioners - June 3, 2024 ITEM: 13- 10 - 1 Item 1 Special Use Permit Request S24-01 Opposition Facts for Board: Board of Commissioners - June 3, 2024 ITEM: 13- 10 - 2 Speaker l Good evening, Board Members and Community Members l am here today to .address a matter of utmost importance to myself and the community in which i reside: the integrity of our community and the preservation of the values we hold dear. At the heart of this opposition lies the proposed construction of multi -family units on land within Battle Park Subdivision. (Add a section of your personal experience and concerns here, about 80 seconds �_, Can a more technical note, this proposal directly conflicts with the established covenants that govern this land, covenants meticulously crafted to uphold the sanctity of single-family homes within our neighborhood. Let us not forget that these covenants are not mere suggestions; they are legally binding agreements. They are embedded within the very fabric of the deeds that convey ownership of this land, unequivocally stating that it is "Subject to ... all covenants conditions, restrictions and easements running with the title as set forth in the New Hanover County Registry, as of the date of this dead." The most recent amendments to these covenants, dated February 25, 2002, leave no room for ambiguity. They expressly prohibit anything other than "one detached single-family dwelling not to exceed two stories in height." These restrictions are not temporary; they automatically renew for successive periods of 10 years unless dissolved by the majority of Battle Park residents. As of today, there is no evidence of such dissolution in the registry. Let us also consider the scale of this proposed development. The area in question encompasses 21 Battle Park properties, comprising approximately 7.25 acres of the total 16.78 acres sought for the additional dwelling Board of Commissioners - June 3, 2024 ITEM: 13- 10 - 3 allowance. This is not a minor deviation; it is a substantial departure from the established norms that define our community. Allowing this special use permit would not only disregard the solemn agreements that have governed this land for decades, but it would also set a dangerous precedent for future developments within Battle Park Subdivision and adjacent to it. It would erode the trust between neighbors and undermine the very essence of our community. I implore each of you to stand with me in opposition to this special use permit. Let us protect the integrity of Battle Park Subdivision and the surrounding neighborhoods, and ensure that the values we cherish endure for generations to come. Thank you for your time. Board of Commissioners - June 3, 2024 ITEM: 13- 10 - 4 PRELIMINARY FORUM TALKING POINTS Speaker 2 1. PURPOSE OF PRELIMINARY FORUM a. Ensure the Application is complete. b. Provide Advisory Review on material evidence and issues the Board of Commissioners may need more information on. c. UDO Section 10.3.5(c)(5) states "Planning Board Review and Action [05-03-2021] The Planning Board shall conduct a preliminary forum on the application as a way to provide advisory review and recommendations to the applicant and public on potential relevant and material evidence, findings of fact, and issues or areas that the Board of Commissioners may need more information on in order to reach a required conclusion. [05-03-2021]" 2. PLANNING BOARD HAS THE AUTHORITY TO CONTINUE THIS FORUM a. UDO 10.2.7(a)4: "The body conducting the public hearing or preliminary forum may, on its own motion or at the request of any person, continue the public hearing or preliminary forum to a fixed date, time, and place." 3. DOCUMENTS HAVE NOT BEEN MADE AVAILABLE TO THE PUBLIC a. Chapter 132 of NC Statutes provides that public records are to be made available to the public. "Public records are documentary materials that are made or received by government agencies in North Carolina in carrying on public business." https://ncdoi.gov/public-iif ULMA�ontopen-government/ Board of Commissioners - June 3, 2024 ITEM: 13- 10 - 5 b. The application documents would all be public records unless they pertained to personnel information, criminal investigations or certain lawsuit settlements, none of which should apply here. c. Samantha Bunge made a request to Planning Development Review Supervisor Robert Farrell on April 21, 2024 for all the application documents for this project, including the Traffic impact Study. d. To date the full application documents have not been sent to Ms. Bunge nor have they been posted on the New Hanover County website. e. A 629 page Traffic Study from 2020 was finally placed on the website 3 days prier to the Preliminary Forum. This is not enough time to review the Traffic Study and provide comments, prier to the Preliminary Forum. Last year the Planning. Board received a Traffic impact Study on a lesser proposal for this same property/ area that was dated 2022, therefore it is not clear why a 2018 study with addendums to 2020 is being used now. f. The UDO requires the application documents be posted: "The Planning Director shall post the application materials and the date, time, and location of the initial public hearing for which the application is scheduled to the Planning Department's website within ten business days of the application submittal deadline established in the Administrative Manual" (UDO 10-2.6(b)2) g. The County is currently in violation of Chapter 132 and is undermining the purpose of the Preliminary Forum, which is to provide full public transparency of the Special Use Permit Request. h. See also: Government-G u ide.1df Board of Commissioners - June 3, 2024 ITEM: 13- 10 - 6 i. I am asking this Preliminary Forum be continued until the County is in full compliance with Chapter 1.32 and provides all the public records the applicant provided to the public. If all of the documents provided by the applicant have been provided and are what was on the County's website as of 4.29-2024 at 9:€10 am I am requesting that this application be deemed incomplete for lack of documentation and continued until the application with all documents has been provided. 4. VIOLATION OF BATTLE PARK COVENANTS (Vivian will speak on this) a. A Special Use Permit cannot violate HOA covenants of the properties within the Special Use Permit area. See UDO 1.6.3 and 1.£.4: "Nothing in this ordinance is intended to supersede, annul, or interfere with any need restriction, covenant, easement, or other agreement between private parties, but such ,deed restrictions, covenants, easements and other private agreements shall not excuse any failure to comply with this Ordinance.' b. A total of 21 lots (1-5, 12-23 (section 6, on Shiloh) and 15-18 (section 1, on Manassas)) of Battle Park are part of this Special Use Permit area. c. Under the Original 1962 Battle Park covenants the lots could only be used for single family housing and churches. No lots were to be used as public or private roads. d. The 1967 Amendment allowed for Lot 12 in Section 6 could be used for a road. e. The 2002 Amendment allowed for 1, 2, 3, 4, 21, 22, and 23 could be used for commercial purposes. f. There has never been a provision allowing for multifamily housing in Battle Park or for a road through a lot, other than Lot 12 in Section 6. Board of Commissioners - June 3, 2024 ITEM: 13- 10 - 7 g. I am requesting a continuance until the applicant meets its burden of proof to show than the covenants of Battle Park have been amended to accommodate this Special Use Permit. 5. SITE PLAN a. This is not just a Special Use Permit Site Plan, it is also a Major Site Plan because it increases impervious area by more than 10,000 square feet. (UDO 10.3.5(c)) Special Use is not an exception to this requirement, see UDO 10.3.6(b)2 b. Site Plan is unsealed and states "Preliminary" c. The Scale does not match the items on the map. d. OS1 and OS 2 are the roughly the same size on the map but the key indicates they are lox different in size- 48,805SF vs. 4,864SF e. The square feet of the road 87,O00SF is inconsistent with the square feet of the sidewalks 20,000 SF. The road should be at least 5 times the size of a 5 foot sidewalk, which would already be wider than existing sidewalks in Tarin Woods, and mean the road should be closer to 100,00OSF. f. it's not clear if Shiloh Road continues and ultimately connects to Carolina Beach Road to the North. g. There appear to be multiple stub outs and streets that randomly end. h. The Developer owns many acres beyond this Special Use Permit project in several directions and there is no understanding from this plan of the gerrymandered boundaries of this project in the context of Tarin 11, Phase 2, Phase 3, Phase 3C and Phase 5. i. UDO requires 2 parking spots for each of these 171 units. There do not appear to be 342 parking spaces on this .site plan. (UDO Table`10.5.1.2(a)). Board of Commissioners - June 3, 2024 ITEM: 13- 10 - 8 j. 1 am asking this Preliminary Forum be continued until the applicant provides a Site Plan that is sealed, is internally consistent, to scale, with drawings and square footage numbers that do not appear to be grossly out of balance with the plan itself. Speaker 3 6. TRAFFIC IMPACT STUDY a. This Traffic Study on the MHC website does not pertain to this Special Use Permit. This last addendum was dated 3-26-2020 and the data was gathered prior to or during the pandemic. b. The Applicant had been using a Traffic impact study from 2021 and dated 2022. c. The 2024 or 202-2 Traffic Impact Study relies completely on data that is not post -pandemic. d. This development would add substantial traffic to US 421, which is already over -capacity and has the the worst safety scores possible under the NCDOT methodology. Please see the attached Planning Level Safety Scoring Data, Serious and Fatal Crash data for this section of US 421 and Pedestrian and Bicycle Crashes for this Section of US 421. Neither TIA includes significant safety improvements, such as an additional lane, dedicated pedestrianibicycle path, etc., to mitigate the extra traffic and safety burden this development poses. Board of Commissioners - June 3, 2024 ITEM: 13- 10 - 9 e. TIA from 2022: 6 of 7 traffic count data taken from December 9, 2021. One from September 2, 2021. (TIA, p. 9) f.. December and January are the dead months traffic -wise. NCDOT did a study on seasonal traffic that included Wilmington/ Wrightsville Beach. it found that July has twice the traffic as December. (p. 24) One of the counter locations exhibited extreme seasonality, particularly during the summer months since this was a route that captures the summer tourism traffic; thus, the design volume for this location was significantly higher than AADT." "The one that exhibited seasonality included beach traffic." (p. 24) g "it is our recommendation that the NCDOT modify its procedures to allow for continuous traffic counting in some locations that experience high seasonality (note, the NCDOT is already doing this in many areas), and the NCDOT weight those counters with greater emphasis since the data is more complete than the sampling counters." (p. 29) h=s•/iconnect.ncdot.g ov/❑roiects/research/RNAProiDo csi20 13-39Fi .0- 7 !MgtI httus:/Iwww.researchoate.net/12Liblication/338603919 What Level of Touri sm Traffic Should be alanned for in North Carolina's Major Tourism f h. Compare with WMPO study on congestion: "For the most recent research. Kittelson utilized the National Performance Management Board of Commissioners - June 3, 2024 ITEM: 13- 10 - 10 Research Data Set (NPMRDS) — a federally recognized system — to calculate metrics from September to November 2021 (excluding holidays). As Wilmington is a seasonal town, it chose to collect data from off --season months for a more accurate description of day-to-day travel." nttl2s:912oncitydaily.com/local-news/2022/`07/27/Wmpo-study. showsµc ape -fear -traffic- overall -improved -bottlenecks-remain-thro ughou t-mat n-arteriesl L Cherry picking data from December along the only route to Carolina Beach, Kure Beach and :Port Fisher undercounts AADT in summer months by half. j. I'm asking the Board to delay its decision until it has traffic study data from tourist season. 7. FLOODING a. This Special Use Permit is requesting the maximum amount of impervious area. and is attempting to utilize pervious pavement" to get there. b. The Special Use Permit area provides no internal drainage ponds but wants to utilize drainage ponds from existing Tarin Woods residents, Phase 3 Southwest Pond, and other future developments in Tarin Woods, Phase 5 SW Pond. c. Tarin Woods II already has inadequate drainage and flooding problems. Many residents have had to install french drains at their own expense to allow for their yards to drain properly. d. Impervious pavement is counted as 1 to 1 with open space on this site plan. The reality of drainage is that pervious pavement provides Board of Commissioners - June 3, 2024 ITEM: 13- 10 - 11 more drainage than concrete or asphalt but not as much as grass or trees and should not be counted as 1 to 1 with open space. (Table 3.3 NHC Stormwater Design Manual) .. �Ltps:l/hhs nhcgov.com/DocumentCenterNiew/467/New-Hanover-Co unto -Storm -Water -Des ig n-Manual-PDF e. As the Board is aware, this whole area was a wetland/ swamp prior to development. Covering 40% of the Special Use Permit area with impervious materials, then adding 70,194 square feet or 1.611 acres of pervious concrete means that of the 16.78 acres 49.6% of the Special Use Permit area would be impervious surface or permeable concrete is a recipe to flood existing residents. f. See Risk Factors Map through Realtor.com for serious flood risks throughout Tarin Woods It. g. I am asking this Preliminary Forum be continued for the County stormwater engineer to appear before this Board and explain how this development will not result in drainage problems for adjacent properties. 8. NO DIRECT ACCESS a. The development shall have direct access to and from an existing major or minor arterial as indicated on the most recent officially adopted Wilmington MPC Functional Classification Map. This direct access requirement will be satisfied if: 1. One or more property boundary lines is contiguous with and utilizes access to and from an existing major or minor arterial; or 2. The development accesses an existing major or minor arterial roadway by a NCDCT-maintained public street, or by a private street designed and constructed in accordance with the County's minimum standards for a collector road. (05-03-2021j (UDC} 3,1.3(e)2(b)) Board of Commissioners - June 3, 2024 ITEM: 13- 10 - 12 b. Neither Shiloh nor Manassas are considered major or minor arterial roadways. c. Shiloh Read would have to meet the County's minimum standards for a collector road. See htti2s://health.nhcgov.comlDocumentCenterfView/1251/Private-Roadway-Design- Standards-PDF d. Collector must be a minimum of 50 feet of right of way and 25 feet travel width. (NHC Private Roadway Design Manual page 1) e. Collector roads must be a minimum of 5.5" depth asphalt See page 10 https-Ilconnect.ncdot.gov/resources/Materials/MaterialsResources/Pavement0/02 OQesign%20Manuai.pdf f. Manassas does not currently meet the design criteria for a collector ..:11i1 roadway width (it is currently under 1.1 feet wide per lane) or asphalt depth (5.5"). g. The point of this rule is to have sufficient infrastructure for the magnitude of development. Without major changes to Manassas and construction of Shiloh to a far higher standard than throughout the rest of Tarin Woods this site plan as it stands is out of compliance with the condition precedent for direct access. h. I am asking the Board to continue this Preliminary Forum until an updated sealed site plan reflects full compliance with the Direct Access Requirement. Board of Commissioners - June 3, 2024 ITEM: 13- 10 - 13 EXTRA INFORMATION (for reference, not for reading unless time or during rebuttal) GENERAL CRITERIA FOR SPECIAL USE SPECIAL USE A use that would not be appropriate generally as a right without restriction throughout a zoning district, but which, if controlled as to number, area, location, or relation to neighborhood, would promote the public health, safety►, morals, or the general welfare. (UDO 2-37) SPECIAL USE PERMIT A permit issued to authorize development or land uses in a particular zoning district upon presentation of competent, material, and substantial evidence establishing compliance with one or more general standards requiring that judgment and discretion be exercised as well as compliance with specific standards. [05-03-2021] (UDC) 2-37) D. Special Use Permit Review Standards The Board of County Commissioners shall approve an application for a special use permit only if it reaches each of the following conclusions based on findings of fact supported by competent, substantial, and material evidence presented at the hearing: 1. The use will not materially endanger the public health or safety if located where proposed and approved; 2. The use meets all required conditions and specifications of this Ordinance; 3. The use will not substantially injure the value of adjoining or abutting property, or the use is a public necessity and 10-24 New Hanover County, NC j Unified development Ordinance Board of Commissioners - June 3, 2024 ITEM: 13- 10 - 14 4. The location and character of the use if developed according to the plan as sUbrnitted 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. (UDC 10-23.24) The burden of demonstrating that an application complies with applicable review and approval standards of this Ordinance is on the applicant. EMERGENCY EVACUATION EMERGENCY EVACUATION ROUTE: How does adding hundreds of additional residences that all have a single emergency evacuation route US 421, under the NC DOT Evacuation Routes, affect an evacuation in the evert of a hurricane or an incident at Brunswick Nuclear Plant? hit ps:l/www.ncdot.gov/travel-maps/mal2slDocuments/coastai-evacuation-routes.o di s + ■ P r+' s Cmistal Routes I,1 1-- 9 Board of Commissioners - June 3, 2024 ITEM: 13- 10 - 15 P. 252 of NC Coastal Region Shelter and Evacuation Guide "48 hours... Mandatory Evacuation begins in the County." p. 256 Clearance Times as of 2002 httas.11rrmp.nc.gov]LCFlPublicationslAL ResourceslEvacuationINC%2QCoa stal%2OReaion%2OShelter%20& 2QEvacuation%20Guide.odf Look at the Category 3 and 4 Storm Surge Map Lee County Example- Hurricane Ian, 2022, outside of the cone of uncertainty at 72 hours prior to landfall, County leaders did not make the decision for a full county evacuation until 48 hours prior to impact. 54 people died in Lee County, most drowning in storm surge. Clearance Times for people in Carolina Beach, Kure Beach, Monkey Junction are unknown as thousands of residences have been added since the last study which was 28 years ago. Board of Commissioners - June 3, 2024 ITEM: 13- 10 - 16 Speaker 4 (if time): Criteria 1 requires: The proposed use should not pose a substantial risk to public health or safety. Education Strain: The local school district faces severe challenges including overcrowding and underfunding, leading to a $20 million deficit. Adding more families exacerbates these issues, compromising education quality and essential services, constituting a public health concern. Moreover, after speaking with NHCS transportation department, accommodating additional school -age :children would overwhelm transportation logistics. Environmental and Safety Concerns: The land's classification as wetlands and the presence of Class IV Pamlico Soil raise environmental and safety risks. Drainage issues threaten road integrity and stormwater management, jeopardizing property and safety. Emergency Evacuation: Relying solely on US 421 for evacuation raises concerns. Delayed decision -making and outdated evacuation plans increase risks, especially in densely populated areas, potentially resulting in loss of life and property damage. Criteria 2 requires: Compliance with all Unified Development Ordinance requirements. Traffic Impact Assessment: An outdated TIA raises doubts about traffic projections. Lack of current data and transparency from the developer and planning organization undermines community decision -making.. Lack of updated traffic count information post -pandemic and during the summer/weekend traffic adds to the lack of confidence. Criteria 4 includes: Development must maintain harmony with the ,area and New Hanover County Comprehensive Land Use Plan. Board of Commissioners - June 3, 2024 ITEM: 13- 10 - 17 Infrastructure Deficiency. The proposed area lacks essential infrastructure such as sidewalks, proper lighting, and access to public transit, contradicting the criteria set forth in the 2016 comprehensive plan for urban/community mixed -use development. Without these amenities, the area is ill-equipped to support high -density housing. Not to mention that the plan for multi -family housing is not in harmony with the low density, single family home communities surrounding. The developer stated in the application that "the proposed use is consistent with surrounding uses, as both are residential in nature'. This comparison is about as ridiculous as claiming a goldfish and a shark should bath live in a fishbowl because they're bath fish. The Developer's practices are an attempt to bypass zoning regulations and disregard community input, which demonstrates a lack of integrity and unsuitability for further development allowances. In summary, the proposed development fails to meet multiple criteria due to concerns regarding public health and safety, compliance with regulations, infrastructure readiness, and developer integrity. As such, approving this SUIT would seta precedent that would be detrimental to NHC at large. I ask that the Board considers continuing this request until these and the other matters mentioned this evening are addressed and resolved. Board of Commissioners - June 3, 2024 ITEM: 13- 10 - 18 �'•.t_��—'—"�.,�-4•_'•`�._._:�' 090f-[Y�-016 31Y0 AH $NHYlY3H 'ON i13M Oa: � ��� Z1�HL JN 'NOl'JNUYiW All" Z�SQOOM NINVL YNlgtlY�m gwlll Kuy" d1S dxI5fM10! 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YCBdePu IAVW91 ly " oil - 1 E'%✓ Name City — State Postal Code Country Signed On Samantha Bunge Wilmington NC US 2024-04-28 Angie tew Wilmington NC 28412 US 2024-04-28 Dan Fuhrmann Wilmington NC 28412 US 2024-04-28 Jaime Hunt Wilmington NC 28405 US 2024-04-28 Makila Phipps Wilmington NC 28409 US 2024-04-28 Shawn Bunge Wilmington NC 28409 US 2024-04-28 Vivian Radecsky Wilmington NC 28412 US 2024-04-28 Gannon Ward Wilmington NC 28412 US 2024-04-29 Catherine Pastore Wilmington NC 28405 US 2024-04-29 Jessica Hughes Wilmington NC 28412 US 2024-04-29 Rebecca Ward Wilmington NC 28409 US 2024-04-29 Carol McGowan Wilmington NC 28409 US 2024-04-29 Richard McGowan Wilmington NC 28409 US 2024-04-29 D Gayle Tabor Wilmington NC 28409 US 2024-04-29 Rachel Christensen Wilmington NC 28412 US 2024-04-29 Jill Stephend Wilmington NC 28412 US 2024-04-29 Ben Ashba Wilmington NC 28412 US 2024-04-29 Kim Mintz Wilmington NC 28412 US 2024-04-29 Karen Cassidy Wilmington NC 28412 US 2024-04-29 Jane McCall Wilmington NC 28409 US 2024-04-29 Kendra Bentley Leland NC 28451 US 2024-04-29 Joseph Hough Wilmington NC 28412 US 202404-29 Barbara Sutton Wilmington NC 28409 US 2024-04-29 Amber Anderson Wilmington NC 28409 US 2024-04-29 Jennifer Shipp Wilmington NC 28409 US 2024-04-29 Shannon Rogers Saco ME 4072 US 2024-04-29 Jon Inwood Brooklyn NY 11226 US 2024-04-29 Cynthia Orlovsky Wilmington NC 28409 US 2024-04-29 Gannon Ward Charlotte NC 28269 US 2024-04-29 Cams Loomis Wilmington NC 28412 US 2024-04-29 Susan Mailey Wilmington NC 28409 US 2024-04-29 Adam Peeler Wilmington NC 28409 US 2024-04-29 Hilary Pedersen Wilmington NC 28412 US 2024-04-29 Luise Phifer Wilmington NC 28412 US 2024-04-29 Sally Galyean Wilmington NC 28412 US 2024-04-29 Adam Brinsley Wilmington NC 28412 US 2024-04-29 Jonathan Mailey Wilmington NC 28412 US 2024-04-29 Adam Brown Wilmington NC 28412 US 2024-04-29 Tiffany Head Wilmington NC 28412 US 2024-04-29 Jeffrey Holmes Wilmington NC 28412 US 2024-04-29 Sally Petermann Wilmington NC 28409 US 2024-04-29 Board of Commissioners - June 3, 2024 ITEM: 13- 10 - 20 Lisa Brown Wilmington NC 28412 US 2024-04-29 Daniel Anderson Wilmington NC 28409 US 2024-04-29 Samantha Callaway Raleigh NC 27610 US 2024-04-29 Debra Dingee Wilmington NC 28411 US 2024-04-29 Ted Glackin Wilmington NC 28409 US 2024-04-29 Rita Hertzog Wilmington NC 28412 US 2024-04-29 Brittany Brooks Wilmington NC 28412 US 2024-04-29 Melinda Carlson Wilmington NC 28403 US 2024-04-29 Amy LeSane Wilmington NC 28411 US 2024-04-29 Robert Boldt Wilmington NC 28405 US 2024-04-29 Eric Carden Wilmington INC 28412 US 2024-04-29 Candace Burgess Wilmington NC 28412 US 2024-04-29 Carolyn Glaser Carolina Beach NC 28428 US 2024-04-29 Danielle Keys Wilmington NC 28412 US 2024-04-29 Donna McNaughton Wilmington NC 28412 US 2024-04-29 Jason Cook Wilmington NC 28409 US 2024-04-29 Gabe Branch Wilmington NC 28409 US 2024-04-29 John Radecsky Wilmington INC 28412 US 2024-04-29 Sarah Becton Wilmington NC 28409 US 2024-04-29 Joshua Astin Wilmington NC 28409 US 2024-04-29 Susan Pence Wilmington INC 28409 US 2024-04-29 Melissa Woehr Wilmington INC 28409 US 2024-04-29 Tim Kutta Wilmington NC 28409 US 2024-04-29 Bruce Benney Wilmington NC 28409 US 2024-04-29 Donna Franzen Wilmington NC 28403 US 2024-04-29 Lee Rochelle Charlotte NC 28202 US 2024-04-29 Sarah Gilbert Wilmington NC 28412 US 2024-04-29 Christina Duchene Wilmington NC 28409 US 2024-04-29 Daniel Stark Wilmington NC 28409 US 2024-04-29 Kellie McDade Wilmington NC 28403 US 2024-04-29 Amy Leardo Wilmington NC 28409 US 2024-04-29 Pinckney Love Wilmington NC 28409 US 2024-04-29 Jon Johnson Wilmington NC 28412 US 2024-04-29 Gabbard Julie Wilmington NC 28409 US 2024-04-29 Keith Smiley Charlotte NC 28412 US 2024-04-29 Billie Piner Wilmington NC 28409 US 2024-04-29 Stacy Webb Wilmington NC 28409 US 2024-04-29 Jennifer Sarabhaivanij Wilmington NC 28412 US 2024-04-29 James Morton Charlotte NC 28214 US 2024-04-29 Tracey Eavenson Wilmington NC 28409 US 2024-04-29 Gabriel L Saint Charles IL 60174 US 2024-04-29 Jack Wissman Wilmington NC 28409 US 2024-04-29 Jessica Wold Wilmington NC 28409 US 2024-04-29 Board of Commissioners - June 3, 2024 ITEM: 13- 10 - 21 Jennifer Wissman Wilmington NC 28409 US 2024-04-29 Meredith Schultz Wilmington NC 28409 US 2024-04-29 Angie Rowe Wilmington NC 28412 US 2024-04-29 Anne Sokol Wilmington NC 28403 US 2024-04-29 Barbara Hough Wilmington NC 28409 US 2024-04-29 Patti Knauf Wilmington NC 28409 US 2024-04-29 Mark Bracken Wilmington NC 28412 US 2024-04-29 Katherine Mitchell Wilmington NC 28412 US 2024-04-29 Kate Walker Wilmington NC 28412 US 2024-04-29 Jacqueline Simmons Wilmington NC 28412 US 2024-04-29 Angie Forbes Raleigh NC 27610 US 2024-04-29 Kathryn Parkinson Wilmington NC 28412 US 2024.04-29 Michele Edwards Wilmington NC 28412 US 2024-04-29 Andrew Reyes Wilmington INC 28412 US 2024-04-29 Michelle Bliese Wilmington NC 28409 US 2024-04-29 Heather Ashworth Wilmington INC 28409 US 2024-04-29 Carol Sibley Wilmington NC 28412 US 2024-04-29 Samantha Rigney Wilmington NC 28409 US 2024-04-29 Jessica Cremer Wilmington NC 28409 US 2024-04-29 Kevin Barlow Wilmington NC 28412 US 2024-04-29 Schaum Hunt Wilmington NC 28401 US 2024-04-29 Christy Borst Wilmington NC 28409 US 2024-04-29 Janelle Liverman Wilmington NC 28409 US 2024-04-29 Meghan Kuemerie Wilmington NC 28409 US 2024-04-29 Constance Robinson Wilmington NC 28412 US 2024-04-29 Bob Cook Wilmington NC 28412 US 2024-04-29 Kelly Baker Wilmington NC 28403 US 2024-04-29 tiffany norman Wilmington NC 28412 US 2024-04-29 Sara Mussenden Carolina Beach NC 28428 US 2024-04-29 Trish Fusselman Wilmington NC 28412 US 2024-04-29 Wanda Faulk Wilmington NC 28405 US 2024-04-29 Glen Stull Wilmington NC 28412 US 2024-04-29 Betty Hinnant Wilmington NC 28409 US 2024-04-29 Mark A Preston Wilmington NC 28412 US 2024-04-29 craig Cantler Raleigh NC 27610 US 2024-04-29 Ted Riggs Wilmington NC 28409 US 2024-04-29 Jolea Myles Wilmington NC 28409 US 2024-04-30 Kinsey Neithedand Cuero TX 77954 US 2024-04-30 Ann Stanley Wilmington NC 28409 US 2024-04-30 Jessica Troutman Wilmington NC 28412 US 2024-04-30 Trythena Lewis Wilmington NC 28409 US 2024-04-30 Ali Greiner Raleigh NC 27610 US 2024-04-30 Brittany Cook Wilmington NC 28409 US 2024-04-30 Board of Commissioners - June 3, 2024 ITEM: 13- 10 - 22 Amanda Guss Wiimington NC 28409 US 2024-04-30 Sierra Collins Wilmington NC 28409 US 2024-04-30 Tanya Bennett Wilmington NC 28411 US 2024-04-30 Mary Maroudis Wilmington NC 28428 US 2024-04-30 Linda Greco Wilmington NC 28409 US 2024-04-30 Haley Penzero Wilmington NC 28409 US 2024-04-30 Melissa Chadwick Wilmington NC 28409 US 2024-04-30 Sara Klein Wilmington NC 28412 US 2024-04-30 Kailey Baxter Wilmington NC 27317 US 2024-04-30 Deb Novak Wilmington NC 28409 US 2024-04-30 Kaitlyn Richard Raleigh NC 27610 US 2024-04-30 Marvin Carter Wilmington NC 28412 US 2024-04-30 TJ Huels Wilmington NC 28412 US 2024-04-30 Gibby Fletcher Charlotte NC 28202 US 2024-04-30 Garin Lee Wilmington NC 28409 US 2024-04-30 Linette Lee Wilmington NC 28409 US 2024-04-30 Janet Brown Stittsville K2S Canada 2024-04-30 LAURA WILLIAMS Wilmington NC 28412 US 2024-04-30 Barbara Mcquery Carolina Beach NC 28428 US 2024-04-30 Caroline Rittenhouse Wilmington NC 28409 US 2024-04-30. Lauren Lombardi Wilmington NC 28412 US 2024-04-30 Theresa Cerro Wilmington NC 28412 US 2024-04-30 Michele Gray 1I1/Imington NC 28409 US 2024-04-30 Linda Dunlap Wilmington NC 28412 US 2024-04-30 Agnieszka Nassar Wilmington NC 28412 US 2024-04-30 Frank Stanton Wilmington NC 28412 US 2024-04-30 Karene Maples Manley Wilmington NC 28405 US 2024-04-30 Naomi Akel Wilmington NC 28409 US 2024-04-30 Lesley Tronic Carolina Beach NC 28428 US 2024-04-30 Jess Andetson Wilmington NC 28202 US 2024-04-30 Ryan Meadows Wilmington NC 28412 US 2024-04-30 Jeff Boutillier Wilmington NC 28412 US 2024-04-30 Kristin Jutila Wilmington NC 28412 US 2024-04-30 Tanya Kuster Wilmington NC 28412 US 2024-04-30 Craig Malone Wilmington NC 28412 US 2024-04-30 Patrice Ward Wilmington NC 28412 US 2024-04-30 Landyn Lewis Wilmington NC 28412 US 2024-04-30 Kara McGee Wilmington NC 28412 US 2024-04-30 Kathleen Turowski Wilmington NC 28412 US 2024-04-30 Mary YORK Wilmington NC 28403 US 2024-04-30 Evelyn Bradley Wilmington NC 28412 US 2024-04-30 Elizabeth Brady Wilmington NC 28412 US 2024-04-30 Amanda Cribb Wilmington NC 28411 US 2024-04-30 Board of Commissioners - June 3, 2024 ITEM: 13- 10 - 23 Alexis Lewis Kdstyn Surbrug Courtney Miller Tabitha Auld Jennifer Gentry Kim Miller Lila Zimmerman Valerie Mustamaa Suzanna McCullough Emily Graves Lukas Mikelinich Valade Fowler Scott Szczech Alice Sweeney Staci Dickens Lynn Sullivan Linda Magness Neal Dorow Lori Smith Martin McGowan Lauren Quattrucci Tammy Hunt Nathan Krueger Lisa Winchell Sarah Cheers Susan Oslun murray doyle Linda Sharkey William dttenhouse Natalia Dokus Dana Black Mary Kate Boutillier Zack Pennington Kimberly Poetzscher Mike Chadand virginia connett Regina Zajkowski Norma Lewis Maurice Malfatti Sheila Stubbs Mike Davidson Leah 1lczyszyn Logan Ilczyszyn Wilmington NC Wilmington NC Wilmington NC Wilmington NC 1lmington NC Wilmington NC Wilmington NC Wilmington NC Wilmington NC Charlotte NC Wilmington NC Wilmington INC Charlotte NC Wilmington NC Wilmington NC Wilmington NC Wilmington NC Wilmington NC Wilmington NC Germantown TN Wilmington NC Wilmington NC Wilmington NC Charlotte NC Carolina Beach NC Raleigh INC Wilmington NC Carolina Beach INC Wilmington NC Wilmington NC Wilmington NC Wilmington NC Charlotte NC Wilmington NC Wilmington NC wdghtsville beac NC Wilmington NC Wilmington NC Wilmington NC Apex NC Wilmington NC Wilmington NC Wilmington NC 28401 US 28412 US 28412 US 28412 US 28412 US 28411 US 28412 US 28412 US 28409 US 28105 US 28409 US 28412 US 28273 US 28412 US 28412 US 28409 US 28412 US 28409 US 28412 US 38139 US 28412 US 28401 US 28412 US 28205 US 28428 US 27610 US 28405 US 28428 US 28409 US 28412 US 28412 US 28412 US 28105 US 28409 US 28409 US 28480 US 28412 US 28412 US 28403 US 27523 US 28403 US 28412 US 28412 US 2024-04-30 2024-04-30 2024-04-30 2024-04-30. 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 Board of Commissioners - June 3, 2024 ITEM: 13- 10 - 24 Melody Higgins Wilmington NC 28412 US 2024-04-30 Christine Broderick Wilmington NC 28412 US 2024-04-30 Jessica Suckow Sucko Wilmington NC 28412 US 2024-04-30 Mandie Benegasi Charlotte NC 28224 US 2024-04-30 TANYA LITTLE Carolina Beach NC 28428 US 2024-04-30 vanessa gillespie Wiimingto NC 28412 US 2024-04-30 Sharon Driscoll Wilmington NC 28412 US 2024-04-30 Laura Depas Wilmington NC 28412 US 2024-04-30 John Wisner Indianapolis IN 46226 US 2024-04-30 Nichole Wood Hampstead NC 28443 US 2024-04-30 Gillian Kuck Wilmington NC 28409 US 2024-04-30 David Magness Wilmington NC 28412 US 2024-04-30 Kerri Slade Wilmington NC 28412 US 2024-04-30 Carol Terry Nashville NC 27856 US 2024-04-30 Carol Bush Wilmington NC 28412 US 2024-04-30 Sarah Houdhan Wilmington NC 28412 US 2024-04-30 Kent Knorr Wilmington NC 28412. US 2024-04-30 Jennifer Boucher Wilmington NC 28403US 2024-04-30 Tiffany Lytle Wilmington NC 28412 US 2024-04-30 rona garm Wilmington NC 28409 US 2024-04-30 William Weisser Wilmington NC 28412 US 2024-04-30 Riki Cardona Wilmington NC 28412 US 2024-04-30 Ronald Gerfelder Raleigh NC 27604 US 2024-04-30 Jason Black Wilmington NC 28412 US 2024-04-30 Melissa Kennedy Wilmington NC 28409 US 2024-04-30 Jean Ritter Wilmington NC 28409 US 2024-04-30 Jane Davis WILMINGTON NC 28409-2925 US 2024-04-30 Kathryn Jeffreys Charlotte NC 28224 US 2024-04-30 Melody Hankins Wilmington NC 28411 US 2024-04-30 James Brendle Wilmington NC 28412 US 2024-04-30 Michelle Kapusta Wilmington NC 28412 US 2024-04-30 Clayton Ludwick Wilmington NC 28412 US 2024-04-30 Pamela Thigpen Wilmington NC 28412 US 2024-04-30 Chris Maher North Bergen NJ 7047 US 2024-04-30 Robert Foy Charlotte NC 28213 US 2024-04-30 Liz Moysey Wilmington NC 28412 US 2024-04-30 isabelle lytle Wilmington NC 28412 US 2024-04-30 Vickie Campbell Wilmington NC 28409-3985 US 2024-04-30 Karen Gaynor Wilmington NC 28412 US 2024-04-30 Daniel Kuster III Wilmington NC 28412 US 2024-04-30 Jackie Mungo Wilmington NC 22747 US 2024-04-30 Roberta Shelingoski Wilmington NC 28409 US 2024-04-30 Cleo Toppen Wilmington NC 28412 US 2024-04-30 Board of Commissioners - June 3, 2024 ITEM: 13- 10 - 25 Beth Knapp Wilmington NC 28409 US 2024-04-30 Margaret Cregan Wilmington NC 28412 US 2024-04-30 Annette Scialabba Wilmington NC 28412 US 2024-04-30 Alison LaCoss Wilmington NC 28405 US 2024-04-30 Amy Mcnabb Wilmington NC 28412 US 2024-04-30 Christian Tinder Wilmington NC 28412 US 2024-04-30, Hugh McCain Wilmington NC 28409 US 2024-04-30 PJ Hosang Wilmington NC 28412 US 2024-04-30 Karen Cegelski Wilmington NC 28412 US 2024-04-30 Jennifer Reynolds Wilmington NC 28412 US 2024-04-30 Meghann Williams Wilmington NC 28412 US 2024-04-30 Donna Mark Wilmington NC 28412 US 2024-04-30 Lorene George Wilmington NC 28403 US 2024-04-30 Sandi Baker Wilmington NC 28409 US 2024-04-30 Richard White Charlotte NC 28226 US 2024-04-30 Kitona Amitay Wilmington NC 28412 US 2024-04-30 Yaniv Amitay Wilmington NC 28412 US 2024-04-30 fay staley Wilmington NC 28409 US 2024-04-30 Erin Purdy Charlotte NC 28215 US 2024-04-30 Ann Mintz Wilmington NC 28401 US 2024-04-30 Sandy Hopfer Wilmington NC 28412 US 2024-04-30 Richard Farrand Wilmington NC 28409 US 2024-04-30 Carly Zaccaria Wilmington NC 28409 US 2024-04-30 Diana Medaglia Wilmington NC 28412 US 2024-04-30 Robert Cholowsky Wilmington NC 28412 US 2024-04-30 Petra Ridley Wilmington NC 28412 US 2024-04-30 Angie Thomason Wilmington NC 28412 US 2024-04-30 Meredith Branch Wilmington NC 28412 US 2024-04-30 Gayleia Bailey Wilmington NC 28409 US 2024-04-30 Tracey Kruger Wilmington NC 28412 US 2024-04-30 Eric Walsh Wilmington NC 28412 US 2024-04-30 Maggie Stalfort Wilmington NC 28412 US 2024-04-30 Christina Provini Wilmington NC 28409 US 2024-04-30 Penny' WIlmering Wilmington NC 28413 US 2024-04-30 Cassie Howell Wilmington NC 28412 US 2024-04-30 Charles Harrill III Wilmington NC 28412 US 2024-04-30 Keith Sabin Wilmington NC 28412 US 2024-04-30 colleen gardner Wilmington NC 28412 US 2024-04-30 Sandra Mulry Providence RI 2909 US 2024-04-30 Paul Coviello Wilmington NC 28401 US 2024-04-30 Jamie Lay Wilmington NC 28411 US 2024-04-30 Laura Morris Wilmington NC 28412 US 2024-04-30 Melinda Latta Wilmington NC 28412 US 2024-04-30 Board of Commissioners - June 3, 2024 ITEM: 13- 10 - 26 Deanna Grigsby Wilmington NC 28412 US 2024-04-30 Victoria Ricci Wilmington NC 28409 US 2024-04-30 Kristin Shields Wilmington NC 28409 US 2024-04-30 Anne Moran Wilmington NC 28409 US 2024-05-01 Caitlin Gullo Wilmington NC 28412 US 2024-05-01 McKenzi Edwards Wilmington NC 28412 US 2024-05-01 Nancy Thomas Wilmington NC 28409 US 2024-05-01 Cindi Utter Wilmington NC 28409 US 2024-05-01 Dave Gerin Wilmington NC 28409 US 2024-05-01 Alyson Edwards Wilmington NC 28409 US 2024-05-01 Patrisha Dean Wilmington NC 28411 US 2024-05-01 Michael Wills Wilmington NC 28409 US 2024-05-01 Susan Rudd Wilmington NC 28409 US 2024-05-01 Amanda Wills Wilmington NC 28409 US 2024-05-01 Ryan Ash Wilmington NC 28409 US 2024-05-01 Judi Paparozzi Wilmington NC 28409 US 2024-05-01 Yvonne Cheroke Apex NC 27539 US 2024-05-01 Abigail Gripshover Wilmington NC 28412 US 2024-05-01 Phyllis Long Wilmington NC 28409 US 2024-05-01 Filipe Ricci Wilmington NC 28409 US 2024-05-01 Rob Gnolfo Wilmington NC 28409 US 2024-05-01 Gene Costa Wilmington NC 28409 US 2024-05-01 Michael Zaccaria Wilmington NC 28409 US 2024-05-01 Michelle Hart Union Grove NC 28689 US 2024-05-01 Nick Lay Wilmington NC 28411 US 2024-05-01 norma cortez Wilmington NC 28405 US 2024-05-01 Jean Heiser Wiimington NC 28412 US 2024-05-01 Natalie Ward Wilmington NC 28401 US 2024-05-01 Stephanie Sondermann- Wilmington NC 28401 US 2024-05-01 Reilly Zehner Wilmington NC 28412 US 2024-05-01 Lynne Denne' Carolina Beach NC 28428 US 2024-05-01 Amanda Cowing Hampstead NC 28443 US 2024-05-01 Michael Richmond Hampstead NC 28443 US 2024-05-01 Margaret Richmond Hampstead NC 28443 US 2024-05-01 Royann Thompson Fort Mill SC 29707 US 2024-05-01 Jaime Kapur Wilmington NC 28409 US 2024-05-01 Shannon Elliott Wilmington NC 28412 US 2024-05-01 Aaron Wiley Hampstead NC 28443 US 2024-05-01 Jenny Corbin Wilmington NC 28409 US 2024-05-01 Laurie Littlejohn Wilmington NC 28412 US 2024-05-01 Brian Pate Wilmington INC 28409 US 2024-05-01 Ali Smith Vlmington NC 28409 US 2024-05-01 Trey Schnippel \AAlmington NC 28409 US 2024-05-01 Board of Commissioners - June 3, 2024 ITEM: 13- 10 - 27 Craig Webb Wilmington NC 28412 US 2024-05-01 Mary Smith Wilmington NC 28412 US 2024-05-01 Kara Gaspari Wilmington NC 28412 US 2024-05-01 Newcomer Brad Wilmington NC 28412 US 2024-05-01 Jason Baker I Wilmington NC 28409 US 2024-05-01 Steven Jump Wilmington NC 28412 US 2024-05-01 eva walsh Wilmington NC 28412 US 2024-05-01 Jim Pfitzner Wilmington NC 28412 US 2024-05-01 Chris Smith Wilmington NC 28409 US 2024-05-01 Victoria Southworth Wilmington NC 28409 US 2024-05-01 Justin Stauffer Wilmington NC 28409 US 2024-05-01 Tracy Smith Wilmington NC 28411 US 2024-05-01 Kelly Stauffer Wilmington NC 28409 US 2024-05-01 Heather Bonner Wilmington NC 28412 US 2024-05-01 Wendy Steele Wilmington NC 28409 US 2024-05-01 Gary George Wilmington NC 28412 US 2024-05-01 Wanda Faass Wilmington NC 28412 US 2024-05-01 Lana Cromer Wilmington NC 28412 US 2024-05-01 Melanie Kenerson Wilmington NC 28409 US 2024-05-01 Jim Simpson Wilmington NC 28409 US 2024-05-01 Amber Kimlick Concord NC 28027 US 2024-05-01 Gavin Sroczynski Wilmington NC 28412 US 2024-05-01 Ethan Gootee Wilmington NC 28409 US 2024-05-01 Lisa Shaw Wilmington NC 28405-2537 US 2024-05-01 Madeline Sroczynski Wilmington NC 28412 US 2024-05-01 carey shaw North Chesterfiel VA 23235 US 2024-05-01 Christopher Lauria Wilmington NC 28409 US 2024-05-01 Melissa Meehan Wilmington NC 28412 US 2024-05-01 Lori Goldberg Wilmington NC 28405 US 2024-05-01 Jacqueline Powell Wilmington NC 28412 US 2024-05-01 Randolph Joyce Wilmington NC 28409 US 2024-05-01 Jessica Tootoo Wilmington NC 28409 US 2024-05-01 Ginger Williams Wilmington NC 28412 US 2024-05-01 Stacie Erwin Wilmington NC 28409 US 2024-05-01 Katelyn Lunsford Wilmington NC 28412 US 2024-05-01 Suzanne Langevin Wilmington NC 28409 US 2024-05-01 Dawn Whaley Wilmington NC 28401 US 2024-05-01 Colleen Priory Glackin Wilmington NC 28412 US 2024-05-01 Heather Lynch Wilmington NC 28412 US 2024-05-01 Barry Goldberg Wilmington NC 28405 US 2024-05-01 David Knapp Wilmington NC 28409 US 2024-05-01 Susan Dingler Carolina Beach NC 28428 US 2024-05-01 Christina Terry Wilmington NC 28412 US 2024-05-01 Board of Commissioners - June 3, 2024 ITEM: 13- 10 - 28 Diane Shell Wilmington INC 28412 US 2024-05-01 Barbara Garrow Wilmington NC 28409 US 2024-05-01 Venus Schrader Wilmington NC 28409 US 2024-05-01 Maria Perez Fairhaven MA 2719 US 2024-05-01 Donna king Wilmington NC 28412 US 2024-05-01 Deana Heitman Duluth GA 30096 US 2024-05-01 Sandra Nyers Wilmington NC 28409 US 2024-05-01 David Chichilnitsky Wilmington NC 28409 US 2024-05-01 Brittany Meisling Wilmington NC 28409 US 2024-05-01 Kenneth Glenn Wilmington NC 28409 US 2024-05-01 Kent Schwedler Wilmington NC 28412 US 2024-05-01 Jessica Arthur Wilmington NC 28412 US 2024-05-01 Loretta Robinson Leland NC 28451 US 2024-05-01 Chepiemael Cruz Charlotte NC 28202 US 2024-05-01 Julie Stanwick Wilmington NC 28412 US 2024-05-01 Jennifer Buxton Wilmington INC 28401 US 2024-05-01 Julie King Wilmington NC 28412 US 2024-05-01 michael mcquery Wilmington NC 28412 US 2024-05-01 Patrick Lane Wilmington INC 28412 US 2024-05-01 Micah Hendrix Charlotte NC 28202 US 2024-05-01 Michelle OBrien Wilmington NC 28409 US 2024-05-01 Kim Meyer Wilmington NC 28412 US 2024-05-01 Brad M Wilmington NC 28412 US 2024-05-01 Molly Glenn Wilmington NC 28412 US 2024-05-01 Diane Singletary Wilmington NC 28409 US 2024-05-01 Lydia Percell Wilmington 28409 US 2024-05-01 Gene Thompson Fort Mill SC 29707 US 2024-05-01 Susan Hartman Wilmington NC 28409 US 2024-05-01 Marie Zaccaro Wilmington NC 28412 US 2024-05-01 Gina Paris Lawlor Wilmington NC 28412 US 2024-05-01 Rose Coston Wilmington NC 28401 US 2024-05-01 Kristin Hunt Wilmington NC 28412 US 2024-05-01 Phil Hertzog Wilmington NC 28412 US 2024-05-01 Steve Zaccaro Wilmington NC 28409 US 2024-05-01 Julie Hultholm Wilmington NC 28412 US 2024-05-01 Rebecca Dixon Wilmington NC 28412 US 2024-05-01 Ted Meehan Wilmington NC 28409 US 2024-05-01 Lane Volesky Wilmington NC 28405 US 2024-05-01 Christina Smith Wilmington NC 28412 US 2024-05-01 Mark Schweikert Wilmington NC 28405 US 2024-05-01 Margaret Simpson Wilmington NC 28412 US 2024-05-01 Dylan D Wilmington NC 28403 US 2024-05-01 James Cribb Wilmington NC 28409 US 2024-05-01 Board of Commissioners - June 3, 2024 ITEM: 13- 10 - 29 John A Bauer Wilmington NC 28405 US 2024-05-01 Thomas Christensen Wilmington NC 28412 US 2024-05-01 Christina Latteier Wilmington NC 28405 US 2024-05-01 Nicole Lee Wilmington NC 28409 US 2024-05-01 Christopher Cassidy Wilmington NC 28403 US 2024-05-01 Agnieszka Nassar Wilmington NC 28409 US 2024-05-01 Nancy Hill Wilmington NC 28412 US 2024-05-01 Brad Malpass Wilmington NC 28412 US 2024-05-01 Matt Vilar Wilmington NC 28403 US 2024-05-01 SHARON MCLAURIN Wilmington NC 28401 US 2024-05-01 Laura Mulholland Wilmington NC 28409 US 2024-05-01 Thomas Seyfried Wilmington NC 28412 : US 2024-05-01 Joseph Cipalla Wilmington NC 28409 US 2024-05-01 Ted French Wilmington NC 28412 US 2024-05-01 Chelsea Haskett Wilmington NC 28209 US 2024-05-01 Kim Percell Wilmington NC 28409 US 2024-05-01 Elizabeth Patrick Wilmington NC 28409 US 2024-05-01 Karen Owen-Bogan Wilmington NC 28412 US 2024-05-01 Toni Perryman Wilmington NC 28409 US 2024-05-01 Will Bowen Wilmington NC 28405 US 2024-05-01 Tracy Michels Wilmington NC 28403 US 2024-05-01 Julian C CA 92880 US 2024-05-01 Katherine Arnott-Maheu Wilmington NC 28401 US 2024-05-01 Kim Gamette Wilmington NC 28412 US 2024-05-01 Natalie Southard Wilmington NC 28409 US 2024-05-01 Ken Todd Wilmington NC 28412 US 2024-05-01 Jason Gabbard Wilmington NC 28409 US 2024-05-01 Mya Lynch Wilmington NC 28403 US 2024-05-01 Barbara korycka Raleigh NC 27610 US 2024-05-01 Becky Frederick Wilmington NC 28409 US 2024-05-01 Valerie Hernon Wilmington NC 28412-2736 US 2024-05-01 Shannon Howard Wilmington NC 28412 US 2024-05-01 Norm Wilmes Yuba City CA 95991 US 2024-05-01 Heather Mcdaniels wilmington NC 28411 US 2024-05-01 Eleanor Miller Wilmington NC 28405 US 2024-05-01 Kim Phelps Wilmington NC 28409 US 2024-05-01 Laurie Finnegan Wilmington NC 28405 US 2024-05-01 Daniel Haisley Kissimmee FL 34743 US 2024-05-01 Tim Smith Wilmington NC 28405 US 2024-05-01 Mark Belmonte Wilmington NC 28401 US 2024-05-01 Joyelle Robinson Wilmington NC 28409 US 2024-05-01 CD Reutlinger Wilmington NC 28412 US 2024-05-01 Leonard Auld Wilmington NC 28412 US 2024-05-01 Board of Commissioners - June 3, 2024 ITEM: 13- 10 - 30 Susie Hartness Wilmington NC 28409 US 2024-05-01 Marianne Nutt Wilmington NC 28412 US 2024-05-01 Loretta Efstathiou Wilmington NC 28412 US 2024-05-01 Dennis Eames Wilmington NC 28428 US 2024-05-01 Janyne Hornung Washington DC 20011 US 2024-05-01 david sprinkle mobile AL 36608 US 2024-05-01 Alexandra Snow Wilmington NC 28409 US 2024-05-01 Patricia Morin Wilmington NC 28412 US 2024-05-01 Emily Jeffery Wilmington NC 28412 US 2024-05-01 Lauren Stevenson Wilmington NC 28409 US 2024-05-01 Lora Price Wilmington NC 28412 US 2024-05-01 Jon Nielsen Wilmington NC 28409 US 2024-05-01 Kaytlynn Miller NC US 2024-05-01 Gemy D'Adamo Wilmington NC 28409 US 2024-05-01 Marsha Rouse Wilmington NC 28412 US 2024-05-01 Mackenzie Gaddy US 2024-05-01 Amanda Moss Wilmington NC 28412 US 2024-05-01 Tom Wallace Wilmington NC 28409 US 2024-05-01 Jeremy Williams Wilmington NC 28412 US 2024-05-01 Marc Gilson Wilmington NC 28428 US 2024-05-01 Teresa Taylor Wilmington NC 28412 US 2024-05-01 Mia Merrill Vestal NY 13850 US 2024-05-01 Chayton Hunt Middle River MD 21220 US 2024-05-01 Deborah Zagone Wilmington NC 28412 US 2024-05-02 Emily Cipalla Wilmington NC 28412 US 2024-05-02 Josh S Wilmington NC 28412 US 2024-05-02 Allyson Bracken Wilmington NC 28412 US 2024-05-02 Ruthanne Palumbo Wilmington NC 28412 US 2024-05-02 Sandra Vidlak-Gore Wilmington NC 28412 US 2024-05-02 Kelly Smith Wilmington NC 28412 US 2024-05-02 Alicia Webb Wilmington NC 28412 US 2024-05-02 Steven Murch Wilmington NC 28412 US 2024-05-02 Skeen Diane Wilmington NC 28412 US 2024-05-02 Dorothy Law Wilmington NC 28412 US 2024-05-02 Jennifer Griczewicz Wilmington NC 28412 US 2024-05-02 Stacey Denning Wilmington NC 28412 US 2024-05-02 Hannah Hawksworth Wilmington NC 28409 US 2024-05-02 Joe Hawksworth Wilmington NC 28409 US 2024-05-02 Lori Campbell Wilmington NC 28412 US 2024-05-02 Brian Reynolds Wlmington NC 28412 US 2024-05-02 Greg Berwald Wilmington NC 28428 US 2024-05-02 Linda Picone Wilmington NC 282 US 2024-05-02 Alicia Norwood Carolina Beach NC 28428 US 2024-05-02 Board of Commissioners - June 3, 2024 ITEM: 13- 10 - 31 Rosalia Monroe Wilmington NC 28403 US 2024-05-02 Wayne Santome Wilmington NC 28405 US 2024-05-02 Ilinda walker wilmington NC 28412 US 2024-05-02 Michele Fowler Wilmington NC 28412 US 2024-05-02 Scott Fowler Kitty Hawk NC 27949 US 2024-05-02 Kathy Parish Wilmington NC 28409 US 2024-05-02 andrea stutsman Wilmington NC 28412 US 2024-05-02 Nick Gengarelly Wilmington NC 28409 US 2024-05-02 Kelly Kennedy Wilmington NC 28412 US 2024-05-02 Kathryn Salciccioli Farmington MI 48336 US 2024-05-02 Sue Gallagher Wilmington NC 28409 US 2024-05-02 Jenna Tibbetts Worcester MA 1602 US 2024-05-02 Tammy Dovichak Wilmington NC 28405 US 2024-05-02 Deborah Cotton Wilmington NC 28409 US 2024-05-02 Grace Dezio Wilmington NC 28405 US 2024-05-02 Wendy Dahlin Wilmington NC 28412 US 2024-05-02 Lycia Phipps Wilmington NC 28412 US 2024-05-02 Justine Johnson Wilmington NC 28409 US 2024-05-02 DOUGLAS M BROWN Wilmington NC 28412 US 2024-05-02 PAIGE Furr Wilmington NC 28412 US 2024-05-02 Charlotte Hatfield Wilmington NC 28412 US 2024-05-02 John Sciales Wilmington NC 28412 US 2024-05-02 Mike Duffy wilmington NC 28409 US 2024-05-02 Alexandru Bodoky Wilmington NC 28412 US 2024-05-02 Dana Morris Wilmington NC 28412 US 2024-05-02 Joyce Boyle Wilmington NC 28409 US 2024-05-02 Jeff Brooks Wilmington NC 28412 US 2024-05-02 Laurie Gengarelly Orleans MA 2653 US 2024-05-02 Susan Kaczynski Wilmington NC 28412 US 2024-05-02 Katherine Lofgren Harwich NC 2645 US 2024-05-02 Francisco Sanson Wilmington NC 28412 US 2024-05-02 Christine Murphy Wilmington NC 28412 US 2024-05-02 Jacqueline Quinn Wilmington NC 28412 US 2024-05-02 Jennifer Hayward Charlotte NC 28202 US 2024-05-02 Tyler Crumbley Wilmington NC 28412 US 2024-05-02 Meaghan Noxon Wilmington NC 28409 US 2024-05-02 Mary -Charlotte Cannon Charlotte NC 28210 US 2024-05-02 Benjamin Wold Wilmington NC 28409 US 2024-05-02 franchesca mendez Atlanta GA 30345 US 2024-05-02 Michele W Wilmington NC 28408 US 2024-05-02 Jennifer gdmm Charlotte NC 28229 US 2024-05-02 Dee Krieger Wilmington NC 28412 US 2024-05-02 MaryAnn Bridger Wilmington NC 28409 US 2024-05-02 Board of Commissioners - June 3, 2024 ITEM: 13- 10 - 32 Kirk Altman Wilmington NC 28409 US 2024-05-02 Sandra Janke Wilmington NC 28412 US 2024-05-02 Luciana Villar Boynton Beach FL 33426 US 2024-05-02 Adam Wylubski Wilmington NC 28412 US 2024-05-02 Istvan Nyers Raleigh NC 27610 US 2024-05-02 Christine Layton Wilmington NC 28409 US 2024-05-02 Derek Stiefel Wilmington NC 28412 US 2024-05-02 Lara Cottle Wilmington NC 28409 US 2024-05-02 Amanda Shrestha Wilmington NC 28409 US 2024-05-02 Samantha Hardin Wilmington NC 28409 US 2024-05-02 Candace Sutton Wilmington NC 28412 US 2024-05-02 Samuel Rowell Wilmington NC 28409 US 2024-05-02 Cynthia Scholl Wilmington NC 28412 US 2024-05-02 Jennifer Royal Wilmington NC 28403 US 2024-05-02 Mark Stafford Wilmington NC 28409 US 2024-05-02 Kim Widmark Rocky Point NC 28457 US 2024-05-02 Jeanette Huntz Wlmington NC 28412, US 2024-05-02 Mary Pascarelli Wilmington NC 28412 US 2024-05-02 Heather Black Wilmington NC 28451 US 2024-05-02 Lorilei Nash Wilmington NC 28412 US 2024-05-02 Hannah Hales Wilmington NC 28412 US 2024-05-02 Matthew Ignacio Wilmington NC 28409 US 2024-05-02 Lacie Hudspeth Wilmington NC 28412 US 2024-05-02 Kristy Reynolds Wilmington NC 28405 US 2024-05-02 Shelly Conklin Wilmington NC 28409 US 2024-05-02 Jaimie Davis Wilmington NC 28411 US 2024-05-02 Lauren Rich Wilmington NC 28403 US 2024-05-02 Alex Cruz Wilmington NC 28409 US 2024-05-02 Nicholas McNaughton Wilmington NC 28409 US 2024-05-02 Brenda Coxe Wilmington NC 28409 US 2024-05-02 Shane Davis Wilmington NC 28409 US 2024-05-02 Board of Commissioners - June 3, 2024 ITEM: 13- 10 - 33 NEW HANOVER COUNTY PLANNING & LAND USE 230 Government Center Drive, Suite 110, Wilmington, NC 28403 P: (910) 798-7165 I F: (910) 798-7053 I NHCgov.com Rebekah Roth, Director To: James Yopp, lames@rockfordraartners.net From: Robert Farrell Development Review Supervisor Date: March 6, 2024 TRC Review PID#: R07600-004-052-000 Egov# SUBPP-24-0001 Subject: Tarin Woods— Infrastructure Preliminary Plat —TRC Review The following comments have been received for the March 6, 2024, TRC meeting. Additional comments may be made upon further review of subsequent revisions. Please note: following the TRC meeting, a revised preliminary plan addressing each of the below items must be resubmitted prior to receiving preliminary plan approval. NHC Planning, Robert Farrell 910-798-7164 1. General Comments — a. Will the connection to Rosa Parks Drive be full access? b. Is there an anticipated timeline for a permanent cul-de-sac for this section of road? FUTU E DE9E a Lftft r c. Be aware future residential development will require sidewalks. Don't forget to change header to the same as the subject line —TRC Review Page 11 Board of Commissioners - June 3, 2024 ITEM: 13- 10 - 34 2. UDO Section 3.3.1, Superseding District Standards & Setbacks a. Project is for road infrastructure only. No residential development proposed. 3. UDO Section 5.1 Parking and Loading a. Project is for road infrastructure only. No residential development proposed. 4. UDO Section 5.2. Traffic, Access, & Connectivity a. See NCDOT comments for information on driveway access requirements. 5. UDO Section 5.3 Tree Retention a. Existing tree removal permits on file. No additional trees proposed for removal for this project. 6. UDO Section 5.4 Landscaping and Buffering a. Project is for road infrastructure only. No residential development proposed. 7. UDO Section 5.5 Exterior Lighting a. Be aware, future street lighting or other on -site lighting must meet the requirements of Section 5.5 of the UDO. 8. UDO Section 5.6 Signs a. Street signs including street name signs must comply with the minimum requirements of the New Hanover County Addressing Ordinance and minimum NCDOT street sign design. 9. UDO Section 5.7 Conservation Resources. a. The New Hanover County Conservation Resources Map indicates there are Pocosin conservation resources on the property. b. Conservation requirements will apply to the project and any future development of the site: 6.07 acres of street right-of-way x 0.5 Conservation Space Factor = 3.03 acres of minimum conservation space. 10. UDO Section 5.8 Open Space Requirements a. Open space not required for right-of-way and road infrastructure. Future development will require open space meeting minimum requirements of Section 5.8. 11. UDO Article 6, Subdivision Design and Improvements a. Label the length of all roads on the map. b. Label the diameter of the temporary cul-de-sac at the end of Sweet Gum Drive. c. 13 links / 8 notes = 1.62 connectivity ratio. Connectivity ratio is above the minimum required 1.45 ratio. d. Label whether any traffic calming devices are proposed in the development. e. Note: Sidewalks may be required on one or both sides of the streets depending on the type of future development of site or if rezoned or allowed additional density by the Board of Commissioners through a public hearing or quasi-judicial process. 12. UDO Article 9: Flood Damage Prevention a. Property is not in a Special Flood Hazard Area. Don't forget to change header to the same as the subject line —TRC Review Page 12 Board of Commissioners - June 3, 2024 ITEM: 13- 10 - 35 NHC Fire Services, David Stone 910-798-7458 1. Fire service sees no issue with the road design. NHC Engineerinz Galen Jamison 910-798-7072 1. Aland disturbing and a stormwater permit issued by the County are required for this project. Please submit for permits as the design is completed. 2. Please contact the State for the stormwater permit requirements. 3. Please verify the sediment basin to the south is not covered by another stormwater permit. The county has no record of it being permitted for stormwater. NHC Environmental Health, Dustin Fenske 910-798-6732 1. Proposed development and infrastructure do not violate setbacks to any surrounding property's well or septic systems. NHC Addressing, Katherine May 910-798-7443 1. Please contact me with street name proposals prior to TRC approval. Cape Fear Public Utility Authority, Bernice Johnson 910-332-6620 1. CFPUA TRC Comments provided are preliminary comments only. 2. Utility Plan review required by CFPUA. CFPUA is moving toward becoming paperless. When ready to submit plan review package, upload all documents to: httaJlwww.cfr)ua.org/FormCenter/Engineering-3/Engineering-Plan-Review-103. 3. CFPUA water and sewer available through mainline extensions. 4. Capacity is dependent on the analysis of the pipe collection system (gravity and force mains). 5. A capacity determination can be provided upon submittal of the NC DWQ FTA/FTSE Application Form and a Preliminary Plan, this determination does not guarantee capacity. 6. Capacity is issued to projects on a first come, first serve basis, when capacity is available, the plans meet Authority requirements, and the NC DWQ FTA/FTSE forms are signed by the Authority. WMPO, Jamar Johnson 910-473-5130 See attached. Don't forget to change header to the same as the subject line —TRC Review Page 13 Board of Commissioners - June 3, 2024 ITEM: 13- 10 - 36 Brad Shaver USACOE Brad.E.ShaverjRusace.army.mil 1. Tarin Woods II has an existing jurisdictional determination (JD) which includes several jurisdictional tributaries. It appears these tributaries will be impacted therefore a permit is anticipated. Comments not received at this time from: NCDOT, Nick Drees 910-398-9100 Emergency Services & E911, Steve Still NCDEO, Chad Coburn New Hanover Soil & Water, Dru Harrison USACE, Rachel Capito NCDEMLR, Dan Sams DCM, Tanya Pietila Don't forget to change header to the same as the subject line —TRC Review Page 14 Board of Commissioners - June 3, 2024 ITEM: 13- 10 - 37 WMPO MEMORANDUM To: New Hanover County Technical Review Committee Date: 2/23124 Subject: Tarin Woods Subdivision Road Infrastructure Comments: • Provide turning templates of the largest design vehicle to access the roads. NCDOT Projects: TIP Projects in the Area: N/A WMPO 2045 Projects: N/A New Hanover County CTP: N/A TIA: Development has a revised TIA approval with conditions letter dated March 26, 2020. All improvements are required of the development. r Board of Commissioners - June 3, 2024 ITEM: 13- 10 - 38 L III -J T o ---------- wows 9 WZ&MM Wr- o N`W vA y. LLc 7,w mwR MAD KlilMl.. Nfd2 NO. oa -d of Com issionepw- he 3, 2 PEWOWANCE M9004VAL z PRELARMARY PLAN for TARPO NO= N z 1 �i I ;ii ►� ".(� �+uametarmvr -y � xarP,vrro=s� N II O000000000 sot momgggdA Am a z Er" � ff ` E jTAFM a pm...,c t Iwows APRELAWWY �%OPTIFR:JtY:-,2B4t2ZY FLAN o MOODS 42 m —�. lg K5 cae� of Comm sio�a�rs- une 3 2 . G) a' � i u' c z S o 6 6 C S S[ S r c . a= a¢ O U $ s i a � a m � m ''�• a a a a 1 c> coin c�� 94 icIl dwoom M� �y o� N 8 r+�i 3�•9 a W I 4 _ oa ro a m � a $ aczaauc ut<ns rrn m �TAB/ xryoaus n yyp RUMM �s M N�Ni01£R ETSIIMCANIXINA Z � O TAR(N WOODS !1 ��� � � m)r(,/y./=�j'� y Ls—io Mz of Comm�3ti'b 3, 202=�� - := �9 ; � � k E re � G � � 2 � ors 3S = �c C JAMES It. HOBBS k- WIFE s STATE OF. NORTH CAROLINA DECLARATION OF AND COUNTY OF NEW HANOVER s RESTRICTIONS BATTLE PARK SUDDIVISION : KNOW ALL MEN .BY VESS PRESENTS, that we, JAMES H. j DECLARATION OF RESTRICTIONS z 110803 and wife, MILDRED B.IIOBBB, of New Hanover w--County, North Carolina, who are all of the owners of! all ofthelots in that certain subdivision in Federal Point Township, New Hanover County, North. Carolina, known as Section Number Two of Battle Park Subdivision, as the sane are shown on a map; or plat of said subdivision prepared by-C,W.Bloome, Jr„ Registered Land Surveyor, which is rem ±E oordad in'Map Book 7 at Page 93 of the New Hanover County Registry, in order to promote a ' uniform and harmonious development of said subdivision, do hereby covenant and agree to -and with each other and with all persons -firms, or- corporations cow owning'.or hereAfter�abquiring ''any of; the, above mdintioned lobe; that .the :use :of 'all, of said iota is hereby made subject to the follow ing restrictions or restrictive covenants, which shall ran with the land and be binding upon aai� ji iota and whomsoever owns the same; to -wits. 1. No lot shall be put to any use other than for residential purp case or religious purposes. It is contemplated that a church or churches may be constructed on one or more lots in this section. No portion of any lot or lots shall be used for roadwayj either public or private, except that a portion of any lot may be used as a driveway incidental to the normal user of such lot for residential purposes and with the further exception of that unnumbered lot which is at the East end of Manassas Drive which is shown on the recorded mnp or Section Two of Battle Park Subdivision as being retained by J.H.Hobbs, which may expressly be used as a road- way. 2. Except for a church building or a related building to be used for religious purposes, not including a parsonage or rectory, no building shall be erected, altered, placed upon, or per milted to remain an any lot other than one detached si le family dwelling not to exceed two stories 3n heei��hh��, and a private garage for not more lean two c ii-00-luc'iT garage Shall us more anan one in lie an aia a or living quarters of any kind, either for guests, members of the family or servants, and the construction or maintenance of so-called "garage apartments" on any lots is expressly prohibited. The plan and design of any building to be built on any lot shall be first submitted to the developer, J.H.Hobbs, or his nominee, for approval, and written approval must be obtained, as it is the express intention of the developer to maintain a uniform plan of development, with respect to design, size, type, cost and general appearance of the structures to be erected in this subdivision. 3. No dwelling shall be permitted on any lot which does not have at least the following square feet of floor space of living area: 1,000 square feet if the dwelling has an attached carport (not including the floor space of the carport) or 1,300 square feet if it does not have an attached carport. Nor shall any building of anykind be erected, altered, placed upon or permitted on any lot, the exterior finish of which is not constructed of either brick or stone; however, this does not prohibit the use of wood, and other standard building materials in the construc0n of the roof, windows and doors, gables, second stories, etc. 4. No building or structure of any kind :shall be located on any lbt nearer than five feet to any side line, nor nearer than seventy feat to the front or street line with the exception only of lots 26, 27, 28, 29 and 30 on which lots the sat back from the front or street line shall be only fifty feat•. 5. No commercial trade or activity shall be carried on upon any lot and not any noxious trade or activity whatsoever shall he carried on upon any Iet, nor shall anything be done thereon which may be, or may become, an annoyance or nuisance to the heighborhood. 6.•No structure of a temporary character, trailer, mobile home, tent, shack, garage, garage apartment, barn or other outbuilding shall be used on any lot as a residence, either temporarily or permanently, either for the owners of said lot, tenants, servants or other persons. 7-. No hogs, cattle, sheep, goats, horses, poultry or other livestock shall be raised, bred or kept on any lot; however, dogs, cats or other household pets may be kept pro- vided that they are hot kept, bred or maintained for any commercial purposes. 9. No lot or area shall be used or maintained as a camping ground for rubbish, trash, garbage or other waste, and such materials may not be kept on any lots, except in sanitary containers. All incinerators or other equipment for the storage or disposal of' such material shall be kept in a clean and sanitary condition. 9•. No surface closets or out-houaas shall be kept or maintained on any lot, and sewage disposal shall be by septic tank only, which shall comply with the requirements of the North Carolina State Board of Health, until such time as a general sewage disposal system may be installed. 10. There shall be no change in the layout of any lot or lots as shown on the map above referred to, and no lot shall be subdivided unless such part of a subdivided lot becomes a part of a whole lot, and the remaining part of such subdivided lot becomes a part of another whole lot. 11. _TjLq2e covenants are to n with the land lLli be bindine on all part.;es- and all persons clairi r em or a por o o tweety- ee wears m -the date hereof, after which �m s i3 covenants s�• o au ama ice Ty x derT orf successive eer o s of ten years unless s rumen writi ;� si�n�'d�"by iTie tmer-�ii� 6wners of a�ajarity ,inausarsnt 01� t e o is recorded-wFi# changes said covananta i of or in part. Any per r c . on own np, any o w s on s a have the _right and_ Ruthor,y -appro a late eg _ CaSd prevent or _atop viola one of these re- s r , and or recover damag` or"`sac _ gl t gjr or v�iblati-arte..— . Tnva aE�n�ol any one o t ese covananta by judgment or Oburt order shall in no wise affect any of the other provisions, which shall remain in full force and effect. IN MIHEREOF, the parties have hereunto set their hands and seals, this the 31st day of October, 1962. James H.Hobbs (SEAL) STATE OF NORTH CAROLINA Mildred B.Hobbs (SEAL}' COUNTY OF NEW HANOVER I, Daniel B.Hardee, a Notary Public in and for the State and County aforesaid, do hereby certify that JAEES H.HOBBS and wife, MILDRED B.HOBBS, personally appeared before me this day, and acknowledged the due execution of the foregoing instrument. Witness my hand and Notarial Seal, this the 31st day of October, 1962. Daniel B.Hardes Notary Public (Notarial Seal) My commission expires: 4/12764 STATE OF NORTH CAROLINA NEW HANOVER COUNTY The foregoing iaQW Public of New Hanover County, is adjudged to be correct, Let the ins tnur►tTr�rit.g_gCe_QatifiCate be recorded. This tiia 31 day of Oct. 1962. Ethel A.Brown RAtMvPd and RArnr AnA thle Ate,. A— _ Tt(OMAS BRACli NIP 37'AT OF -NORTH t)ARG(.INA .z .. i :. , t : COUNTY. OF NEW HANOVER t .. N QARVIN a. SPAINHOVR; & WIFE., 1 'l1IIS INDIMBE made. this the 14t q�ayy a9 PGatsber,. Dggp t 196E-t by THOMA� BRANCH And' wife, ILA'BRAHOH of Winston . Salem Fordyth Oounty,­.W*rth Carolinai. artes'or. thti ` first part;.to•CARVIN S.SP•AINHOUR.and wife, AUTH HAPAINHOURR, of Davidson Coun y,'North Carolina; :partiea 'of the second_ -part; ••: • , . • - . That•:. the *Odd P4.t 'ep;'of; the ::firbt:'parc ': for. end,` ih .00hs dai• tion o� 'the, 'sum oi'_'.. 00), DOLLARS and other`valuable:considetratjons,tq G ear.ltt-hand.. I- b 6' sej*t paotiss TIC ($lO. h . ,y:h, 4'df:Elie,be000c('past"°the.o,4sYpt°_�..i8 Nei'.spy.:pclgiti�tledgOd, hsYb'.'ati,::tli tad;,bar- gained and..eo�d1Viened:Md dnvayed•and-by'those:prbeonta •do hereby'giva,>grant; bargain %Wand seal; alien convey' a11d ootal�irin .unto' the said parsioa. of tho sed0ac{. p' att+.0 did ; to their; h;s�iFa arid. assign&'., forever,.•e+iI-than oertain lot•or pieeii.or, land , lypinngg and gsitig in'SVslairigton.:_ "$each, Federal' Potbnt Township+: Nsw Nara ver Bounty. atld;. Ststq of, berth O$r6Xin, ;and �ION4, po!?'• "" _ tirulerly discrlbbd ad.follow�,:•tit=Erict:. 9EING all of Lot in Block' No.2q.-or:WAgiiingtoe 6emh de• shown 'on a,.piap duly : recorded in flap Rook #2 at'•'P's$'e'3O 0£. the Now Nanovez` 460nty-Public Registry. This eonveyahos is male,subjeot•to reatrictive..covenant$, if any, together with all improvements, furniture and aquipment in the abovecottage. Together with all and singular, the lands, tonementa, easements and appurtenances $' thereto belonging, -or in anyitioe appertaining. h TO HAVE AND TO HOLD 7°iE above rented and described remises, together with all and singular, the rights, privileges, easements, tenements, and appurtenances thereunto belonging, or in any�rise appertaining unto the said parties of the second part, their heirs and assigns, in fee simple, SvSR. And the said parties of the first part, for themselves, their heirs, executors, and administrators do covenant to and with the said parties of the second part, their heirs and assigns, that they are seised in foe of the above granted and described premises, and they have good right to sell and convey the some in foe simple- that the some are free and clear from any and all encumbrances, and that they will and their heirs, executors and administrators shall WARRANT AND DEFEND the title to the Saxe against the lawful claims and demands of any and all persons whomsoever. IN TESTIMONY WHEREOF, the said parties of the first part have hereunto set their hands and affixed their seals, the day and year first above written. Thomas r (SEAL) ($4.40 U.S.Doe.Rev.Stampe) RNA _Ile , F)ranc_ h (SEAL) STATE OF NORTH CAROLIItA COUNTY OF NEW HANOVER I, Katherine S.Farmer, a Notary Public, in and for the State and County aforesaid, do hereby certify that Thomas Branch and his wife, Ila Branch, personally appeared before me this day and acknowledged the due execution of the foregoing and annexed Instrument, for the purposes therein expressed. Witness my hand and notarial Seal, this the 14th day of September, 1962. Katherine S.Farmer Notary Public I (Notarial Seal) My comamission expires: 11/29/62 STATE OF NORTH CA,ROLINA NEW HANOVER COUNTY The foregoing Certificate of Katherine S.Farmer Notary Public of New Hanover County,` is adjudged to be correct. Let the instrument with the Certificate be recorded. Drawn by W.L. Farmer. This the 2 day of Nov. 1962. Lois C.leRay DRAWN BYz-W.L.Farmer, Attorney at Law By, Clerk Superior Court 3Wi�irgton Ins- Bldg. 2No gTITL5n3SttsQ t. geceived and Recorded this 2nd day of Nov. 1962 at 9:45 A.N.c,and Verified Register 0?, 11"os - - - - - - w JAMES F.WRITS & WIFE S' - - � - - - • STATE OF NORTH CAROLINA ' TO COUNTY OF NEW HANOVER CARL F.ALTMAN & WIFE THIS DEED, made thin September 24 1962, by and between DERD s JAMS F.WHITB and wife, nsic SM 61 WHITE, of the City of Oxford County of Granville, State of North Carolina, parties af'the first part, and CARL FREDRICK 'ALTMAN and wife, LINDA PATRICIA ALTMAN, of the County of New Hanover, State of North Carolina, parties of the second part; WITNESSh'TH: The parties of the first part, for and in consideration of the sum of TEN ($10.00) ; DOLLARS, and other good and valuable considerations to them in hand paid by the parties of the second part, at and before the annealing and delivery of these presents, the receipt of which is hereby acknowledged and confessed, have given, granted, bargained, sold, conveyed and con- t firmed, and by these presents, do give, grant, bargain, &ell, convey and confirm unto the parties of the second part, their heirs and assigns forever, all those certain lots parcels ' or tracts of land, situate, lying and being in MASONBORO TOWNSHIP NEW HANOVER COUNTY, STATE Y OF NORTH CAROLINA, more particularly bounded and described as -follows: " BEING a11'of to 14 15 and 16, in Block 2, Se6tion A, of Silver Lake Subdivision, � as shown on the Map thereof, duly recorded in Map Book 4, at Pages 106 and 1071 in the Office f• of the Register of Deeds of New Hanover County, subject to restrictions a licable to said #. `. property as set out in inatrustent recorded in took 41N, at Page'272, of said Registry. x TO HAVE AND TO HOLD the above granted and described lands and premises, together with all and singular, the tenements, hereditamments and appurtenances thersuzzto belonging to e the parties of the second part,•their heirs and assigns forever, SUBJECT to 1962 taxes. AND the parties .of the first part, for themselves, their heirs and pareon6l re- presentatives, cave r ,,00►►� imviawlipaoielawrul 1 s of the second part, that the parties of the first part are silted oi"'�3it f inheritance in and to said Randsand premises, andhave good right! authority, to sell and convey the f same in fee; that the aeae dre free and clear of, all encumbrances whatsoever, and they will Two Hundred Fifty Dollars (i9t2SO,Oo), and they will keep all taxes paid upon said properEyl anA If the Trusters fail to do this, the Trustee or Befterioiary say afrect daub upon and pay such taxes, and all amounts so expended by them with interest from date of payment at six parceni (6%) par amu s shall be aeaurad under this oonveysaoe and be due and payable at the time of the next payment of principal or interest thereafter duo on said note. The Trusters and the Trustee hereby agree with the Beneficiary that in vaaa the Trustoe shall dio, become inoapable of acting, renounce his trust, ar for other masons become unaeoept•• able to said Beneficiary, or her heirs or assigns or legal representatives, then upon notice to the Trusters and the Trustee, if living, the Beneficiary, or her heirs or assigns or legal mp- reaeatatives, say sppoiat in writing, a successor Trustee and upon the probation and registra- atLon of said writing, the successor Trustee, thereby appointed, shall succeed to all the rights : pavers of the Trustee, It ie further agreed that Any statement of feet or recital by said Trustee in his deed in relation to the nonpayment of the money secured, the amount due, the advertisement, sale, reaeipt Of the money, and the execution of the deed to the purobsear, shall be received as prima facie evidence of such fact. And it is agreed that if the Trustora shall pay off said note and interest, and discharge fully the trusts herein declared, before such sale, or the same shall be done by a sale of said property, then so much of said property as may not have boom sold, and is not required to seat any of said trusts, shall be reconveyed to the Trnatom. or the title thereto be revested in them according to low. IN TESTIMONY WHEREOF, the said Trustors have herounto subscribed their hands and scale the day and year above written. Woodrow a. Pridgen (Goal) STATE OF NORTH CAROLINA t Katherine C. Pridgen (Seal) COUNTY OF NEW HANOVER s T, Joan Middleton, a Notary Public in and for the state and county aforesaid, do hereby certify that Woodrow D. Pridgen and his wife, Catherine C. Pridgen, personally appeared before me this day and acknowledged the due execution of the foregoing Deed of Trust. Witness say hand and Official seal thin the 27th day of July. 1962. Notarial Seal Jean Middleton My Comm. expires 12-29-63 Notary Public. STATE OF NORTH CAROLINA W4 HANOVER COUNTY s The foregoing certificate of Jean Middleton, Notary Public of Hew Hanover County, ,is ad- judged to be correct. Let the instrument with the eertificate.be recorded. Drawn by Carter, M. F. & N. This the 27 day of July, 1962. versall Devane, Aest. Received and recorded the 27th day of Clerk superior Court. July, 1962 at 5-20 P.M. and verified. 4-1 3 Register of Deeds. --------------- ------------- ------------------ --------•-- JAS. N. HODDS ET UX t STATE OF NORTH CAROLINA --s----------------"__--_-_,,,- -.- SECTION #I- BATTLE PARK Sue. COUNTY OF NEW HANOVER s DECLARATION OF RESTRICTIONS DECLARATION OF RESTRICTIONS : - ---- ------ ^- -t KNOW ALL TEN BY THESS PRESENTS, that we, James H. Hobbs and wire, Mildred B. Hobbs, of New Hanover County, North Carolina, who are all of the owners of all of the lots in that certain subdivision in Federal Point Township, Now Hanover County, North Carolina, known as Section Number one of Battle Park Subdivision, as the same are shown on a swap or plat of said subdivision prepared by C. W. Blame, Jr. Rag#sd Land Surveyor, which is recorded in Map Book 7 at Page 77 of the New Hanover County Registry, in tore order to promote a uniform and harmonious development of said subdivision, do hereby covenant and agree to and with slob other and with all persona, firms, or corporations now owning or hera- after acquiring say of the above mentioned lots, that the use of all of said lots is hereby made subject to the following restrictions or restrictive covenants, which shall run with the land, and be binding upon said lots and whomsoever owns the sage, to_witt 1. No lot Shall be put to any use other than for residential purposes with the exception of lots 1, 2, 3 & $ which are reserved for commorciai usage and lots 21, 22 6 23 which may be used for a hone occupation by any Land Surveyor or Engineer residing on the promises and having his office as a part of or in connection with his or bar residence. No portion or any lot or lots shell be used for a roadway either public or private except a portion of atly lot say be nsad as a driveway incidental to the normal use of such lot for residential purposes. ar permitteeddtton rreemaainsOn1MY lotZother than no one detached singlebfamilytedwelling not to exceed n, two stories in height, and a private garage :or not more than two cars. No such garage Shall be more than one story in height and shall never be used for living quarters of any kind, either fop guests, members of the family or servants, and the construction or maintenance of so-oailed "garage apartments" on any lots is expressly prohibited. The plan and design of say building to be built on any lot shall be first submitted to the devoioper, J. H. Hobbs, or hie nominee, far approval, and written approval mast be obtained, as it is the express intention or the develop- er to maintain a uniform plan of development, with respect to design, type, cost and general appearance or the structures to be emoted ilk this subdivision. 3. No dwell B r of Commissioner►s�-p�June 3, 2024 dwelling ahaQ� �e permi� a9up�hieh does not have at boast the following square foot of £boor apace of living era , are feet if the dwelling has an attached carport (not inoluding the floor space of the carport). or a__.. ,r ,� _ 105 NEE 780, GTATR W Rol= C M.M.-PP 10M. HMMViR; im WN ALL IM, by rAM. pu 11'e''HOMand wl' .Hovw0t Raw ftovir Con ty -the OkMsrX!*fqklJ ooimluai� who 46f, 04: 16U. Point TM. shipy.. ftw: mi.* cat6lins, known .-.-as 80OU"11 Mumbeva rftri 104, 'Ad - 4jX- 6i BPark 4016 as the am aft shom an &-ftp or put 'it 44A subdIVID16h prepared by C. W.-Siomme, Jr., Registered Land surveyor, which is recorded 'a Hap Book 8 at Pa .0 43.1 Map Book 0 At 498 67 and, Map Book 9 at gage _AS ,,all is the office of the RF918ter of Deeds of New jM,, CoUntyr in order to promote 4 VnifOXM and harMnious development of said subdivision, do hereby coveum t and agree to and With each Other and with &a perems, firma, or rpo, co rat"" now Ofting or hereafter acq"Eb any of the above mentioned late, that -- ---- at the use of a,, of said lotsishereby made subject to the following striations or restrictive covenants, which shoal run With the land and be binding Vim said lots and whomsoever Owns the am, to -Hitt 1. NO lot shall be Put to any use Other than for resi&Mtial purposes' No Portion Of any lot or lot either Public or privatef except that 0 shall be Used for Zed as a driveway incidental to the A portion i of any lot may be dent'al PurPOSSIS and with no"al use Of such -lot for ;es-- discreticii Of the further exception that if in - the the developer Of this subdivision, J. H. gobbgr it appears advisable to Us% any lot Or lots in this subdivision for a street Or roadway in connection with the further development of said subdivision and the adjoining leads then Said developer Amy use, i such lot or lots an a street or roadway. Provided however, any 12 in section J shall be exempted that lot ,restrictive 92= this provi i coven" , clovanant, and any Other provift a an of these te which would prevent its use so iOR-cf these restrictive Ping station for A community water system. location of W611 and tem. 2. NO NXIIA4. steal meted, altered Q- any lot -0tur-irR at War-$ and--k-PrIvater- If ftra, — in =G. g awwurbetmo -011-- NO= never re in one 10ithai for. gUgstg, be used for living members of the famili quarters of construction or maintenance of or any, lots is expressly prohibited. so-called "a 2"vamter and the Me p garage apartmentopit an any to be built an Any lot shoal first laft and design O:Z any b J. H. Hobbs, or his ROULMse, for be submitted -to the uIlding developer, be obtained, as it is the ORMssaWfavals and written apptoval mast M'"ULA a Uniform plan of do" =t9ution of the developer to .. type. Cost* a" general 10YmInto, with zespeat to aouign, Sim, appearance - es.to be In this subdivjji0a.... 'pt. the stnU"M Board of Commissioners - June a, 2024. FzhaA. 1,11- 10 - 45- !77 $MIX be ' -have at least the kollowin perdittsd oft any plot. whit does not �. erect 1 000 square feet of floor a of livin square feet i the' dwelling hoes- an attached Carp4irr i inch in udin the floa>r space of the ba�Arty:or 1;900 egUara feet f ift doeq not, halve an -'attached - ea xh.. tior shall ark► building, of Any . kind. be ereoted# altered, lace tit Og„pn than on anyy lot; the exterior finish-of'whioh•i Slot a�ibtr6hi d'4f either•bribk or stone j however this dogd. n it''$ ghib4t _ the._ etie= of .wood; DA � bth br - , i�d: bailors g. bles., so in+ the stories, ti'�16tion .of',"ths !VW, win- . gables; second stories, etc. .. .. . tto Dteildinq or btrtiotnre o!. ang kind. shall be located °ori si►g Eetilionval s thaq five feat ftofa airy Bide line nor Maker than seventy ' I the front ar street lam.yrOVLF jhowever, that as•to 4 and lB it�'Seotion 8 the front and side set back lines shall be left to the determination of the developer, d. it. Hobbs. S. No aowaraiai trade or activity shall be carried on upon any lot and no noxious trade or activity whatsoever shall be carried on Upon any lott. nor shall anything be done thereon which my be, or y become, as annoyance or nuisance to the neighborhood. 6, to structure 6f a teuporary character, trailer, mobile home, teat, shade, 9axage,.garage apartment, barn or other outbuilding shall be used on any llot'as a residence, either temporarily or, per. manently, either for the owners of said lot other persons. , tenants, servants or 7. No1eoqs, cattle; ehaep# goats# horses, poultrY, or other. livestock shall be raised, bred#" or kept on any lot, however, dogs, cats or other household pats may be kept provided that they are not kept, bred, or maintained for any commercial purposes. 8, lb lot or area shall be used or maintained as a dumping ground for rubbish, -trash, garbage or other waste and such materials may nat be kept on any lots, uiexbept in sanitary Containers. All in- cinerators or other eqpment for the storage or disposal of such material shall be kept in a Clean and sanitary condition. 9. No surfact closets or out -houses shall be kept or maintained CA any'lot, and sewage diepasal shall be -by septic tank Only, which shall comply with the regnirements of the North Carolina Stets Board Of Health# until such tLme as a general eswage disposal system may be installed, showno6 Them shall On the sap referred- to, to, a change no of eh in the tbefsubdivided unlot or less becomes bode a part of a subdivided lot no a part of a whole lot, and` the remaining part of such subdivided lot becomes a part of another whole lot. ll. These covenants are to run with the land and shall be binding on All parties and all persons Claiming under them for a period of • . twenty-one years from the data hereof', after which time said covenants shall be automatically extended for successive periods of ten years un3ess an instrument in writing signed by the owner or owners of a majority in amount of the lot'# In 'said subdivision is recorded which ) damages said covenants in whole or in part. Any person or corporation I•.. owning Any lot or lots in said subdivision shall have the'right and auth6Xity to bring appropriate legal proceedings to prevent'or stop violatiaaas of these restrictive covenants, anVor recover damages for such violation or violations. 15.. i Court nvalidation of any one of these•covenailts by judgment or Order shall in nowise affect any of the other provisions, which shall remain In full force and effect. Board of Commissioners - June 3, 2024 ITEM: -13- 10 - 46 S:7717 My 00,aLosion expires 8 474. to P VZM OF 309M CARDLMK COMM or WN HNIMUR. Public fore, Rai�awr(I a of taw Catt4ficat. cr No Instrummt witlk the coiWic"lit; corre A As" t I.Mwer. r000zAl"a Drom This �v Robert caulart .the 1967 t5roapd-of-Co'm"n'li'sa'=orQ-9024 ITEM: .113v- (CESECCAP.14 'BS"Eit4u Gpp NECtSTEr tir pc: NEW 1138 STATE OF NORTH CAROLINA � TO RgSTRICTIOWS COUNTY OF NMI HANIOVER PARR SBCTIODI$ 5 i 6 THAT WHEREAS, by Declaration of Restrictions recorded in the New Hanover County Registry on February 27, 1967, in Book 905 at page 789, certain restrictions were declared and made applicable to all of the numbered lots shown upon the mr�s of Sections 4, 5, and 6 of Battle Park Subdivision, recorded in said Registry in Nap Book 8 at page 411 Meg Book 8 at page 57 and; Map Book 9 at Page 45, respectively; and WHEREAS, it is desired to amend said Restrictions, as set out hereinafter; and WHEREAS, the undersigned are the owners of a majority in amount of the lots in said subdivision; vision; NOW, TanaPORE, the undersigned hereby modify and amend said restrictions by.- A- Amending paragraph 4 to read as follows: 04. no building or structure of any kind shall be located on any lot nearer than five feet from any side line, nor nearer than 70 feet from the front or street line. Provided, however, that these setback requirements shall not Apply to Lots 13, 14, 15, 16, 17, 16. 19 20 21 27 in Section 5.• , and 28 B• Amending paragraph 10 to specifically exclude Lots 27 and 26 of Section 5 from the operation of said paragraph 20. This amend: -:, supersedes any provisions or language to the contrary in said instrument recorded in said Registry in Book Say at Page 789. Ili MMT'NM WHRMW. the undersigned have duly executed this instrument•, this the _?4% day of June, 1998. .1 . I r jy� OR B Lz-"o�PFn w-qTo w*. - Board of Commissioners - June 3, 2024 ITEM: 13- 10 - 48 r $loll 1499 40c (s$AL) erLot No.a , Sec. ISRALI Owner of tot No. , Sea. 4 T.ot o. (BEAU r SBc. 4 f�>� se r cf Lot No. 10, c.I4�) 464, ( SE") es o 00to: 11, Sec. 4 �De�rf 0 No. , Sec. (SUL) A6 a. x Co OiF Gr�ssi►L) Ow�e� � lot V. Sea. S Owner of Lot No. , Sec. 5 �w Owner of trot . 2, Owner of Lotfo. 11 S c. 5S1 — 4 «. Ow�t+ l f Lot NO. 10, Sec. 1S811L) i SEAL ��e. 16''�" 1 Owner of . sec. 5 lsBAL) s. 17, Sec... -A_ TM Semetary of Home 1.7 .4 V A I 404LOgtelld-, �Sec4�) EEL) I Sec . (SBAtr) . Sec. 5 w+ner of No. 2 Sec-.- Lot f �'"` 4 (SEAL) OWndr , Sec. 5 (SEAL) a�rnsr o Lot Md. 24, Sec. 5 ow r Le24 SEAL) () owns Lots Nos ,Sec. 6 owner of No. 1 , see.I5 Owner oI Lot No. - -ISEALI , Sec. owner of Lot No. ISEAL) r SeC. 64 r of Lot No. SISSALI . ea. Ow:ier o iot- Ito. - iSSAL) Sec. Inc. h weby atWets to the Board of Commissioners - June 3, 2024 ITEM: 13- 10 - 49 r.. 1499 1140 STATE Or NORTH CAROLINA COUNTY OF MEN HANDUR I, -1"$& SGARn►AiLX , a Notary Public in and for the State and County. aforesaid, do hereby certify that MILDRED B. HOBBS AND JAMES H. HOBBS, JR. personally appeared before me this and acknowledged the due execution of the foregoing yam. ....$?ts r3went for the purposes therein expressed. r .��1�, y •'' WITNESS my hand and notarial seal, this the "'7s day 1990. Expires: 1-24 -%3> NOTARY PUBLIC STATE OF NORTH CAROLINA COUNTY OF NEW Hawn I, a Notary Public in and for the State and County aforesaid, do hereby certify that Mildred B. Hobbs personally appeared before me this day and acknowledged that she is the Secretary of Hobbs a Company of wiWngton, Inc., a North Carolina corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in itg name by its President, sealed with its corporate seal N:+ y 34rgftested by her as its Secretary. ^r :` WITNESS my hand and notarial seal, this the '7'a` day moires:_i-aS-tile_ NOT PUBLIC STAT6OF WOO GAOLtNA NewHawwftCsrr*y TM Fmsgedag/AmWx0dCnWWMeW01 Norw1 H�oiuiesl ibbYc Wa�eaa4eRed nbeconxt. aeimP.?tiriw,R� jAR�f Dw� Board of Commissioners - June 3, 2024 ITEM: 13- 10 - 50 Prepared by Daniel D. Mahn, Attorney at Law FORSK RECI��6T ,T?�II�TER pp Di108 lF18iflIN�DIT �.00 STATE OF !FORTH CAROLI M AMMMMWM 01V comar DECLAUTION OF RZSTBICTIO OF NBof BATTLE BARE SUBDmaxoN BELT CM FOM FIVE, AND SIX THIS : _..::_: OF DECLARATION OF RZOTRICTIMS OF RATTLE PARK SOBDIVIBiON, SECTIONS F=, FIVE, AND SIX, made and entered into this day of February, 2002, by and between the undersigned Lot Owners in Sections Four, Five, and Six of Battle Park Subdivision, said owners being a majority of the lot owners in said Sections Four, Five, and Six of Battle Park Subdivision; WITMUSETS a THAT WHEREAS, J. H. Hobbs and wife, Mildred B. Hobbs, were the developers of Sections Four, Five, and Six of a subdivision known as RATTLE BARE, as shown on maps recorded in Map Book 8 at Page 41, Map Book 8 at Page S7, and Map Book 9 at Page 45, all of the New Hanover County Registry; and WHEREAS, on February 27, 1967, the said J.H. Hobbs and wife, Mildred B. Hobbs, caused to be recorded in the Office of the Register of Deeds of New Hanover County, North Carolina, a Declaration of Restrictions for seationa Four, Five, and Six of BATTLE PARK, which said Declaration of Restrictions applies to all lots sold in the said Section Four, Fice, and Six of said BATTLE PARE subdivision, and which are recorded in Book 805 at Page 789 of the New Hanover County Registry; and WHEREAS, said Restrictions were amended by that Amendment recorded in Book 1499, at Page -1138, of the New Hanover County Registry, and WHEREAS, Restriction 1 of said Declaration of Restrictions states "No lot shall be put to any use other than for residential purposes. No portion of any lot or lots shall be used for a roadway, either public or private, except that a portion of any lot may be used as a driveway incidental to the normal use of such lot for residential purposes and with the further exception that if in the discretion of the developer of this subdivision, J.H. Hobbs, it appears advisable to use any lot or lots in this subdivision for a street or roadway in connection with the further development of said subdivision and the adjoining lands then said developer may use any such lot or lots as a street or roadway. Provided however, that Lot 12 in Section 6 shall be exempted from this provision of these restrictive covenants which would prevent its use as the location of a well and pumping station for a communitywater system"; and WHBRBAS, Restriction 2 of said Declaration of Restrictions states "No building shall be erected, altered, placed upon, or permitted to remain on any lot other, than one detached single family dwelling not to exceed two stories in height, and a private garage for not more than two cars. No such garage shall be more than- one story in height and shall never be used for living quarters of any kind, either for guests, me re of the family or maned To Board of Commissioners - June 3, Z '1 ` /)dA � jT�M:113- 10 - 51 _ j� r ��1l��lJ_ t� servants, and the construction or maintenance of so-called "garage apartments" on any lots is expressly prohibited. The plan and design of any building to be built on any lot shall first be submitted to the developer, J.H. Hobbs, or his nominee, for approval, and written approval must be obtained, as it is the express intention of the developer to maintain a uniform plan of development, with respect to design, size, type, cost, and general aapnppearance of the structures to be erected in this -subdivision;" WHEREAS, Restriction 3 of said Declaration of Restrictions states that "No dwelling shall be permitted on any lot which does not have at least the following square feet of floor space of living area. 1,000 square feet if the dwelling has an attached carport (not including the floor space of the carport) or 1,300 square feet if it does not have an attached carport. Nor shall any building of any kind be erected, altered, placed upon or permitted on any lot, the exterior finish of which is not constructed -of either brick or stone; however, this does not prohibit the use of wood, and other standard building materials in the construction of the roof, windows and doors, gables, upper stories, etc."; and WHEREAS, Restriction 4 of said Declaration of Restrictions states that "No building or structure of any kind shall be located on any lot nearer than five feet from any side line, nor nearer than seventy feet from the front or street line. Provided however, that as to lots 13, 14, and 15 in Section 5 the front and side setback linen shall be left to the determination of the developer, J.H. Hobbs"; and WHEREAS, several houses have been built within the said subdivision which have exterior finishes that are constructed of wood and other building materials that are modern and attractive, and do not interfere with the harmonious development of the subdivision, but the finishes of which are a technical violation of the recorded Declaration of Restrictions; and WHEREAS, several houses have been built within the said subdivision which comply with the front, side, and rear building setbacks established by the applicable New Hanover County ordinances, but which are closer to the front and/or side lot lines than the said setbacks required pursuant to the said Declaration of Restrictions; and WHEREAS, the Developer, J.H. Hobbs, is now deceased, and did not name a nominee to exercise the approval rights reserved to the developer by the said restrictions; and WHEREAS, Restriction 11 of said Declaration of Restrictions states that "These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-one years from the date hereof, after which time said covenants shall be automatically extended for successive periods of ten years unless an instrument in writing, signed by the owner or owners of a majority in amount of the lots in said subdivision is recorded which changes said covenants in whole or in part....."; and WHEREAS, the undersigned Lot Owners, recognizing the nature of modern construction and the need for the modern development of the said subdivision with regard to modern construction materials, setbacks, techniques, house plans and house sizes, and also recognizing the existence of houses already constructed within the subdivision that may, not comply with the aforesaid setback requirements and that may not comply with the exterior construction materials required by the said Declaration of Restrictions, now desire to amend Restriction Number 1, Restriction Number 2, Restriction Number 3, and Restriction Number 4 as hereinafter set forth, pursuant to Restriction Number 11 of the said Declaration of Restrictions. Board of Commissioners - June 3, 2024 ITEM: 23- 10 - 52 NON TiMtZ1OAS, the undersigned, being the Owners of a majority in amount of the lots in Sections Four, Five, and Six of Battle Park Subdivision, do hereby amend Restriction Number 1, Restriction Number 2, Restriction Number 3, and Restriction Number 4 of that certain DRCULVATION OF RESTRICTIONS OF UCTIOi88 yp[fit, *4, AND. g,X OF ShTTLB PARK Subdivision as recorded in Book SOS at Page 789 of the New Hanover County Registry, as follows: 1- Rxc*Pt as herein provided, no lot may be put to any other use other than for residential purposes. No portion of any lot or lots shall be used for a roadway, either public or private, emept that a portion of any lot may be used as a driveway incidental to the normal use of such lot for residential purposes and with the further exception that if it is necoosary or convenient to use any lot or lots in this subdivision for a street or roadway in eoansction with the further de velop unt of, or construction on, any lot or lots in the subdivision or for the developswnt of adjoining lands, then any lot or lots in the subdivision may be used as a treet or roadway. Provided, however, that Lot 12 in Section 6 -1 be exempted frost this provision of these restrictive covenants and any other provision of these restrictive covenants which Mould prevent its use as the location of a well and pumping suction for a camssanity water systems. 2. No building rhatll be erected, alterwdl, placed upon, or per- mitted to remain on any lot other than one detached sire . f .e9., dwelling not to exceed two sytoriox is heist, a private garages for two cars, a storage building or workshop, and a pool - house incidental to the use of -a swimming pool. No such garage or other outbuilding shall be more than one story in height and shall never be used for living quarters of any kind, either for guests, Members of the family or servants, and the construction or maintenance of so-called garage apartments on any lot is expressly prohibited. 3. No dwelling shall be permitted on a:ay lot which doer. not have at least one thousand square feet (1000) of floor space of living area. No concrete block, concrete brick, asbestos siding, aluminum riding, cimder block, nor tar paper composition shall be used for the exterior of air residence constructed on any building lot within the subdivision, it being intended that only b=ws with conventional frame, wood, vinyl, masisonite-type hardboard, brick, clay brick, stone, stucco, or similar conventional synthetic or natural siding exterior be constructed on the lots subject to this Declaration of Restrictions. 4. Since the establishment of Standard inflexible building set- back lines for location of houses on lots tends to force construction of houses directly to the snide of other hoses with detrimental effects on privacy, view, preservation of rtant trues and other vegetation, ecological and related considerations, no Specific setback lines are establish" by this Declaration of Restrictions. Rowever, no house shall be erected closer to the front and rear lot lines or nearer to any side lot line than the minimum distances established by applicable New 8araiaavear County ordinances. It in understood and agreed that except as otherwise amended herein, all remaining restrictions contained in that certain Declaration of Restrictions of SECTION FOUR, FIVE, AND SIX OF BATTLE PARK subdivision recorded in Book 805 at Page 789 of the New Hanover County Registry Shall remain in full force and effect, and are incorporated herein by reference as if fully set out. Board of Commissioners - June 3, 2024 ITEM: 13- 10 - 53 IN WITNESS WHEREOF, the undersigned owners have hereunto get their hands and seals, and the corporate owner has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Hoard of Directors, all the day and year first above written. Hobbs & "ompany of Wilmington, Inc. Sy: e dent 'ORTH CAROLINA, NEW HANOVER I, 50gr,6 S_C.o(t,w,h. a Notary Public in and for the County and State aforesaid, do hereby certify that jeva E. *!Emu r. personally appeared before me this day and acknowledged that Personally saw James Henry Hobbs, Jr., Evelyn G. Hqbbs, Rupert Strickland, Nancy T. Strickland, Patricia Faye Hobbs Meyers, Gerald M. Myers, Kenneth R. Parker, Eloise T. Parker, Stephen L. Hobbs, and Lisa Hobbs sign the hereinabove instrument and that e-A *4C . personally acknowledged the due execution by Jamest Henry Hobbs, Jr., Evelyn G. Hobbs, Rupert Strickland, Nancy T. Strickland, Patricia Faye Hobbs ni(yers, Gerald M. Dyers, Kenneth R. Parker, Eloise T. Parker, Stephen L. Hobbs and Lisa Hobbs of the foregoing instrument for the purposes therein ex- pressed. Witness my hand and notarial seal this �s _ day of February, 2002. r `j My Commission Expires:,. i R Board of Commissioners - he 3, 2024 c ITEM: 43- 10 - 54 AF STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, s ��:� �,� a Notary Public in and for the County and 8tat a oresai6, cert�Fy that r^t personally came before me this da and eekaowle p y Y gge t t she is Secretary of Hobbs & company of Wilmington, Inc., a North Carolina Corporation, and that by authority duly given and as the act of the Corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal and attested by her as its Secretary. Witness my hand and notarial stamp or seal this � day of February, 2002. --� My Commission Expires: o 'jai_ Board of Commissioners - June 3, 2024 ITEM: 13- 10 - 55 5 REBECCA T. CHRISTIAN REGISTER OF DEEDS, NEW HANOVER JUDICIAL BUILDING 316 PRINCESS STREET WILMINGTON, NC 28401 Red For Rogletaftn: 0212D0 03:23:59 PM Book: RE 3212 : : $06414 DoCU"Wnt NO. L 20 2 -- S PGS $28A0 MOO ads of North Cater, r of New Hanorw The forming muftale of JOYCE CARTMACK vlgaUq Is Ort"W to be com TM 2M of February 2M RERECCA T. CHRWIAN , REGISTER OF DEEDS *2002009352* T� � T'T:TTTT7 Board of Commissioners - June 3, 2024 ITEM: 13- 10 - 56 Book 6606 Page 2956 BK: RB 6606 PG: 2956 - 2959 RECORDED: 1111SP2= 03:47:28 PM BY: SAMANTHA SPEAKER DEPUTY 2022039447 NC FEE $26.00 NEW HANOVER COUNTY, REAL ESTATE TiAMMY THEUSCH PNER REGISTER OF DEEDS EXTX $270.00 ELECTRONICALLY RECORDED NORTH CAROLINA GENERAL WARRANTY DEED Revenue Stamps/Excise Tax: $270.00 Parcel Identifier Number: R07906-001-011-000, R07906-001-010-000, R07906-001-009-000 Prepared by: CLINE LAW GROUP PLLC, 6329 Oleander Drive, Wilmington, NC 28403 Return to: Cline Law Group PLLC, 6329 Oleander Drive, Wilmington, NC 28403 BRIEF DESCRIPTION FOR INDEX: LOT 16R, 17R, 18R MC AULEY FAMILY TRUST SEC 1 BATTLE PARK THIS WARRANTY DEED, made this 14th day of November, 2022, by and between: GRANTOR MICHAEL .LAMES MCAULEY, TRUSTEE OF THE MCAULEY FAMILY TRUST DATED THE 22ND DAY OF MARCH, 2014 1871 Flint Valley Lane Apex, NC 27502 GRANTEE ANCHOR LAND INVESTMENTS, LLC, A NORTH CAROLINA LIMITED LIABILITY COMPANY 7150 River Road Wilmington, NC 28412 WIT ESSETH: The GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations to it in hand paid by the GRANTEE, the receipt whereof is hereby acknowledged, has bargained and sold, and by these presents does hereby grant, bargain, sell, and convey unto GRANTEE, its successors and assigns forever, all that certain real property located in New Hanover County, submitted electronically by "Cline Law Group PLLC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter a9reemeRt with. the New �{anov r my rtegister of seeds. Board of Commissioners - JOne , 2( ITEM: 13- 10 - 57 Book 6606 Page 2957 Wilmington, North Carolina, and more particularly described in Exhibit A attached hereto and incorporated herein by reference. SUBJECT TO the provisions of all applicable zoning and land use ordinances, statutes and regulations; taxes for the current year, and subsequent years, not yet due and payable; all applicable easements, rights of way, restrictions, and reservations of mineral rights of record, including without limitation of all covenants conditions, restrictions and easements running with the title as set forth in the New Hanover County Registry; and any other matters appearing of record in the New Hanover County Registry, as of the date of this Deed. The property bereinabove described was acquired by GRANTOR by instrument recorded in . A map showing the above described property is recorded in Map/Plat Book 64 at Page 369. TO HAVE AND TO HOLD the above granted and described property. Together with all and singular, the rights, privileges, easements, tenements, and appurtenances thereunto belonging, or in anywise appertaining unto the said GRANTEE, its successors and assigns, in fee simple, forever. And the GRANTOR, for itself, its successors and assigns, does covenant to with the said GRANTEE, its successors and assigns, that GRANTOR is seized in fee simple of the above granted and described property; that GRANTOR has good right to sell and convey the same in fee simple; that the same is free and clear from any and all restrictions, easements, or encumbrances except those set forth above; and that GRANTOR will warrant and defend the title against the lawful claims of all persons whomsoever. Pursuant to N..C.G.S. § IOS 3172, the property herein described includes the primary residence of the GRANTOR does not include the primary residence of the GRANTOR iN TESTIMONY WHEREOF, the said GRANTOR has caused this instrument to be executed the day and year first above written. Michael James McAuley, Trustee of the McAuley Fami Trust ted the 22nd day of March, 2014 BY. — L/41'tehael Ja s McAul Trustee 2 Board of Commissioners - June 3, 2024 ITEM: 13- 10 - 58 Book 6606 Page 2958 STATE OF UOft WON COUNTY OF 1, a Notary Public, do hereby certify that Michael James McAuley personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and (where an official seal is required by law) official seal. This the day of 20 a Printed Name: t SS6i My Commission Expires: f'1 Vt 0 ► 2093 EMELM& JULIAN ic - North Carolinake County Explres Apr 10, 2023 3 Board of Commissioners - June 3, 2024 ITEM: 13- 10 - 59 Book 6606 Page 2959 EXRIBIT "A" BEING ALL OF LOTS 16R, 17R, AND I SR IN SECTION ONE (1) OF BATTLE PARK SUBDIVISION AS THE SAME APPEARS ON A MAP RECORDED IN MAP BOOK 64 AT PAGE 369 OF THE NEW HANOVER COUNTY REGISTRY. The below included information is included for reference only. Property Common Address: 547,535,539 Manassas Drive, Wilmington, NC 28409 Property Parcel ID: R07906-001-011-ON R07906-001 -0 10-000 R07906-001-009-000 4 Board of Commissioners - June 3, 2024 ITEM: 13- 10 - 60 O r �••� � ViA �A,� Ice �vA+i^c 'car IIIAI ,ASK NO A'. A �3 J !• OP a�O�Z O I Al A A P m m�rcator.r.c, pfH lot rp r — Board of Commissioners - June 3, 2024 ITEM -.-la- 10-61 U. B. HWr 421 bpig TO LAMINA SEUR Z— 01 _ �.�:. ..flr•aid H 1 N C r Ad a u _ a.jAj ♦ A !I- s. o U N bJ �O s 1 Board of Commissioners - June 3, 2024 'f ITEM: 13- 10 - 62 Y��a �. to 7y�i w > Z Z' ° Y Ac a g W o s # 'Cle� a d 31 Z ' N M z } Q Ogs szn .• o•en ail W yea 4 F•ANI '3r9aHS iZYI kFj ►- >- ' ° m An ODD On YN M R °IYN - �..-�------ N coO r �+ g� �1 ° eK v�° N N M I t •s ,sacs 1 I' : try '• o C s m cr 1AJ .. owlU. N a s . i = ,.il a %` I Io . Board of Commissions a 3, 2024 ■ « a ■■ ITEM: 1 11 Additional Items as Submitted 5-29-2024 The Planning Department staff do not attest to the truth or accuracy of the following documents. Each party bears the weight of explaining and certifying the validity of their own submitted items, as well as ensuring they are entered into evidence. Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 1 May 29, 2024 Dear Board of County Commissioners, I am writing to provide factual information regarding Case Number S24-01 for Additional Dwelling Allowance. I have reviewed the information that has been provided on the County website and have found several inconsistencies or what appears to be missing information from the application packets. I respectfully submit this information for your consideration to help you perform you duty in determining if the Additional Dwelling Allowance requested. While I understand that this is a zoning process and that a more technical site review will be performed, you still need to confirm that "The use meets all required conditions and specifications of the Unified Development Ordinance. This is a very tight site and there are many elements that can have a significant impact on the site layout that do not appear to have been developed sufficiently. I am a licensed civil engineer in the State of North Carolina and have been involved with site design work for over 30 years. While I do not consider myself an "expert witness" for this hearing there are many factual elements that I point out below that I believe need to be considered for this application. 1) Land Ownership — The applicant has included Shiloh Drive in the SUP boundary, however they are not the owner of the 60' deeded ROW (see excerpt from NHC land use website below). Furthermore, inclusion of this area adds approximately 1.6 acres to the site which accounts for 16 units of density at 10.2 DU/acre. �6M1 �3qn M1 P11 K -Q - Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 2 2) Conceptual Site Plan minimum elements not provided: a. Setbacks and buffering from deeded 60' Shiloh Drive b. Existing and proposed easements for storm drainage or utilities not shown c. No building heights are identified so the true building setbacks to the existing single family residential are not defined. Moving forward with the site plan as shown would restrict all building heights to 25'. d. Access to buildings 7-14 for private lots is not identified. 3) Acknowledgement and Signatures - Developer has certified they understand they "have the burden of proving that the proposal meets the four required conclusions" a. The use will not materially endanger public health or safety if located where proposed and approved i. No indication of impacts of 1.6 acres or approximately 10% of the development area being developed with pervious pavement on the impacts of existing drinking wells in the area ii. No information to support that there will be no harm to property values iii. Insufficient information to determine if density of this magnitude is attainable on the site iv. No proof of ownership of Shiloh Road provided 4) Shiloh Drive - Deeded 60' ROW not owned by the applicant. All building setbacks and landscaping buffers should be from the edge of the 60' ROW. These buffers are not shown on the Conceptual Site Plan and therefore site plan will need modifications. ' I ULU U I II Minumum 25 u setback requir o BLD 9 I Existing edge of 60' Z deeded Shiloh ROW I BLD 10 I o p I o000 voovv0000 � �1 0000000o I vvvvoo f 00000 I vvvvv 25 FT I BLD 11 ovo 0 0 00 vvo BLD 3 I ovo p ov o00 000 000 I IVvvvo vovo I I Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 3 5) Staff Report Review a. Applicant's Proposed Plan i. Shows an amenity center that is not included in the applicants site plan. This is also stated in the second bullet on page 4. ii. Last bullet states that a condition has been included guaranteeing that future connection from Shiloh to Carolina Beach Road for future access. This is not in the developer's application. b. Zoning Considerations i. Last bullet states that only minor deviations from the approved conceptual plan, as defined by the UDO, will be allowed. However, setbacks, landscape buffers, and easements are not shown with sufficient information to have a site plan developed to only require "minor deviations". c. Transportation i. Primary access to Manassas Drive does not meet County standards for minimum edgeline radius of 30'. ii. Required improvements 1. Phase 2B(1) with building out year of 2020 — 219 single-family dwelling units and 398 multi -family dwelling units a. Third bullets states the development is required to provide a right -out exit only access road at a new site access north of Sanders Road. This should be a requirement of the development. d. Environmental i. Last bullet states "The developer has included a condition to address future maintenance of the existing and any future stormwater management systems requiring portions of the proposed development obtain approval to join the existing Tarin Woods Property Owners Association or enter into a maintenance agreement." This is not included in the developer's applications for Proposed Conditions. e. Schools i. First bullet states that the proposed development would be assigned to Anderson Elementary School. Students in Tarin Woods are assigned to Bellemy Elementary School, which is correctly called out in the Community Services statement on Page 2 of the staff report. f. 2016 Comprehensive Land Use Plan i. Analysis section states "Additional conditions have been proposed regarding the orientation of the attached dwellings adjacent to single family homes, stormwater, and interconnectivity. These are not a part of the developer's application for Proposed Conditions. Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 4 g. Staff Preliminary Conclusions and Findings of Fact i. Conclusion No 2: The Board must find that the use meets all required conditions and specifications of the Unified Development Ordinance. 1. Item I identifies that the applicant is using 70,206.3 square feet of pervious concrete to offset the overage of the maximum impervious surface ratio. After reviewing the NHC Stormwater Ordinance and NHC Stormwater Design Manual that is no reference to the use of pervious pavement to offset impervious pavement calculations. a. NCDEQ Stormwater Design Manual Guidance states that "for infiltrating pavement systems, site -specific soil investigations shall be performed to establish the hydraulic properties and characteristics within the proposed footprint and at the proposed elevation of the permeable pavement system." 2. Item K states the requirement for structures over 25 feet in height shall be setback a distance equal to the height of the structure. Height of buildings not included on concept site plan and therefore are likely not accurately depicted which may impact site layout. 3. Item W states that a drainage plan pursuant to Article 6 Subdivision Design shall be submitted. This submittal has not been made public as part of this submittal process for review. 4. Item Y states that "Any pervious or semi -pervious surfacing used for aisles within or driveways to parking and loading areas shall be certified as capable of accommodating anticipated traffic loading stresses and maintenance impacts. The concept plan includes 70,174 square feet of pervious surface." This constitutes almost 10% of the development area and will have substantial impacts on the site layout if pervious pavement is not able to be utilitized due to underlying soil conditions. Since the conceptual site plan is only able to have minor changes after approval it seems that additional supporting information is needed to determine the relevance of the site plan. ii. Conclusion 3: The Board must find that the use will not substantially injure the value of the adjoining or abutting property or that the use is a public necessity. 1. Item D states no contradictory evidence has been submitted that this project will injure the value of adjoining or abutting properties. This appears to be an opinion of the staff and should Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 5 be removed from the report. Based on the certification provided by the applicant the "burden of proving that the proposal meets the four required conclusions" lies with the developer. No evidence has been provided that there will not be substantial injury to the value of the adjoining or abutting properties, especially those in the Tarin Woods HOA that the developer intends to comingle facilities with. No values of increases to maintenance cost associated with permeable pavements (required yearly), structures, stormwater structures, private roads, and open space have been provided for evaluation. iii. 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. 1. Item G states that "Additional conditions have been proposed regarding the orientation of attached dwellings adjacent to single family homes, stormwater, and interconnectivity." These are not included in the developer's application for Proposed Condition or on the conceptual site plan submitted. 6) Concept Plan Review vs. UDO a. Open Space - The conceptual site plan appears to include stormwater conveyance elements in the open space calculations that that are not to be counted per Section 5.8.3.B.6. which states "Stormwater conveyance features (e.g., swales and drainage ditches) not incorporated into natural feature areas, landscaping, or passive recreation areas" as shown below. Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 6 AREA FOR PHASE 3C DENSITY BACK A S8e ADDITIONAL PARKING BLD 6 B SUP BOUNDARY 18� n space hatch is over rm conveyance smarts and what BLD 5 OS 8 BLD 16 ears to be a detention in. No easements 87 PA"G 7AC PHASE 5 SW PON own, BLD 17 (l TARIN WOODS /I PHASE 2 ADDITIONAL PARKING \OS 9 FOR PHASE 3C DENSITY o BLD 8 ofct: 14114511111 �`��i�ii iiii' BLD 10 3LD 10 10 BLD11 Ij rl LD 11 I BLD 3- BLD 12 87 PARKM SPACES .... BLD 13 # In 9 `25 FT PERIMETER BUILE PHASE 3 TARIN WOODS // PHASE J J� 0 M 7 M 1 F� Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 7 I hope that you have found this review of the submitted material helpful in making your decision. I will be at the hearing on Monday, June 3 to discuss these items in more detail. Sincerely, Chris Birkmeyer 6149 Sweet Gum Drive Wilmington, NC 28409 Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 8 3. Public Comment Public comments shall be heard. Any person other than the applicant or applicant's representatives may be permitted to speak in accordance with the advisory or decision -making body's rules of procedure, or at their discretion, as appropriate, in support of or in opposition to the application. 4. Response to Comments and Presentation The applicant, public, and Planning Director may respond to any comments, documents, or materials presented as deemed appropriate by the body conducting the meeting. 5. Close of Hearing The person chairing the body conducting the hearing shall close the hearing. After the hearing is closed, no additional testimony, evidence, or public comments will be heard or considered. C. Quasi -Judicial Public Hearings Quasi-judicial public hearings shall comply with the following requirements in addition to the requirements in subsections A and B above: 1. Ex Pate Communication Ex Parte communication between an applicant or an affected party and a member of the body holding the hearing on the application is prohibited, and must be disclosed during the hearing, if it occurs. 2. Sworn Testimony All persons who will testify at the hearing shall be sworn in prior to their submission of testimony and evidence. 3. Opportunity to Present Testimony and Evidence Any person may present testimony and evidence, subject to Section 10.2.7.A.3 above. 4. Cross Examination Cross-examination by members of the body conducting the hearing shall be allowed. Cross-examination by the County, the applicant or applicant's representatives, and affected parties is also allowed, subject to the authority of the chair of the body holding the hearing. 5. Consideration of Testimony and Evidence The body conducting the hearing shall make its recommendation or decision based on findings of fact supported by competent, substantial, and material evidence presented at the hearing. 10-2 New Hanover County, NC I Unified Development Ordinance Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 9 10.2.7. PUBLIC HEARING AND PRELIMINARY FORUM PROCEDURES [05-03-20211 if a public hearing or preliminary forum is required for the application (see Table 10.1.1: Summary Table of Development Review Responsibilities), the public hearing or preliminary forum shall comply with the requirements in this section. j05- 03-20211 A. General [05-03-20211 1. The burden of demonstrating that an application complies with applicable review and approval standards of this Ordinance is on the applicant. 2. Any person may appear at a public hearing or preliminary forum and submit testimony, documents, and materials, either individually or as a representative of a person or an organization. Each person who speaks at a public hearing or preliminary forum shall identify themselves, state their home or business address, and if appearing on behalf of a person or organization, state the name and mailing address of the person or organization they represent. 3. The body conducting the public hearing or preliminary forum may place reasonable time restrictions on the presentation of testimony and the submission of documents and other materials. The body conducting the hearing or preliminary forum may exclude testimony that it finds to be irrelevant, immaterial, or unduly repetitious. 4. The body conducting the public hearing or preliminary forum may, on its own motion or at the request of any person, continue the public hearing or preliminary forum to a fixed date, time, and place. 5. The body conducting the public hearing or preliminary forum shall record the proceedings by any appropriate means. The written or taped record of oral proceedings, the hearing minutes, all applications, exhibits, and papers submitted in any proceeding before the body conducting the public hearing or preliminary forum, the staff report, and the recommendation or decision shall constitute the record. All records of public hearings or preliminary forums conducted by an advisory or decision -making body shall be a public record, and open for inspection at the County offices during normal business hours upon reasonable notice. B. Order of Proceeding for Standard Public Hearings [05-03-20211 The order of proceedings at a standard public hearing shall be as follows: I. Presentation of Staff Report The Planning Director shall provide a brief introductory narrative and/or graphic description of the application and present the staff report and any review body findings and recommendations. 2. Applicant Presentation The applicant shall present any information the applicant deems appropriate. Unified Development Ordinance I New Hanover County, NC Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 10 10-1 § 8-18. Certified copies of registered instruments evidence. A copy of the record of any deed, mortgage, power of attorney, or other instrument required or allowed to be registered, duly authenticated by the certificate and official seal of the register of deeds of the county where the original or duly certified copy has been registered, may be given in evidence in any of the courts of the State where the original of such copy would be admitted as evidence, although the party offering the same shall be entitled to the possession of the original, and shall not account for the nonproduction thereof, unless by a rule or order of the court, made upon affidavit suggesting some material variance from the original in such registry or other sufficient grounds, such party shall have been previously required to produce the original, in which case the same shall be produced or its absence duly accounted for according to the course and practice of the court. (1846, c. 68, s. 1; R.C., c. 37, s. 16; Code, s. 1251; 1893, c. 119, s. 2; Rev., s. 1598; C.S., s. 1763.) Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 11 1.6.3. RELATIONSHIP TO PRIVATE AGREEMENTSICONFLICTS WITH PRIVATE AGREEMENTS Nothing in this Ordinance is intended to supersede, annul, or interfere with any deed restriction, covenant, easement, or other agreement between private parties, but such deed restrictions, covenants, easements and other private agreements shall not excuse any failure to comply with this Ordinance. The County may review private agreements, such as those related to maintenance of private common open space set -asides, but the County shall not be responsible for monitoring or enforcing private covenants and restrictions. 1.6.4. EXISTING AGREEMENTS OR VESTED RIGHTS Nothing in this Ordinance is intended to repeal, supersede, annul, impair, or interfere with any existing private agreements or vested rights previously adopted or issued in accordance with all applicable laws, provided such agreements or rights are lawfully established and remain in effect. Section 1.7. Transitional Provisions 1.7.1. EFFECTIVE DATE This Ordinance was adopted on February 3, 2020 and became effective on February 3, 2020. 1.7.2. CONSTRUCTION IN PROGRESS The adoption of this Ordinance does not require a change in the plans, construction, or designated use of any building or structure for which actual construction was lawfully begun before February 3, 2020 and on which actual construction has been diligently pursued. For the purpose of this provision, "actual construction" includes the erection of construction materials in permanent position and fastened in a permanent manner, or demolition, elimination, and removal of an existing structure in connection with such construction, provided that actual construction work must be diligently pursued until completion of the building or structure. [05-03-20211 1.7.3. APPROVALS GRANTED BEFORE EFFECTIVE DATE A. Approved zoning permits, building permits, variances, special use permits, subdivision plans, and site plans that are valid on February 3, 2020 shall remain valid until their expiration date. Development may be completed in accordance with such approvals even if such building, development or structure does not fully comply with provisions of this Ordinance. if building is not commenced and diligently pursued in the time allowed under the original approval or any extension granted, then the building, development or structure shall be subject to the requirements of this Ordinance. B. To the extent a prior -approved application proposes development that does not comply with this Ordinance, the subsequent development, although permitted, shall be nonconforming and subject to the provisions of Article 11: Nonconforming Situations. Unified Development Ordinance I New Hanover County, NC Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 12 Article 7. Opinions and Expert Testimony. Rule 701. Opinion testimony by lay witness. If the witness is not testifying as an expert, his testimony in the form of opinions or inferences is limited to those opinions or inferences which are (a) rationally based on the perception of the witness and (b) helpful to a clear understanding of his testimony or the determination of a fact in issue. (1983, c. 701, s. 1.) G.S. 8c-701 Page 1 Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 13 Rule 702. Testimony by experts. (a) If scientific, technical or other specialized knowledge will assist the trier of fact to understand the evidence or to detennine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion, or otherwise, if all of the following apply: (1) The testimony is based upon sufficient facts or data. (2) The testimony is the product of reliable principles and methods. (3) The witness has applied the principles and methods reliably to the facts of the case. (al) Notwithstanding any other provision of law, a witness may give expert testimony solely on the issue of impairment and not on the issue of specific alcohol concentration level relating to the following: (1) The results of a Horizontal Gaze Nystagmus (HGN) Test when the test is administered in accordance with the person's training by a person who has successfully completed training in HGN. (2) Whether a person was under the influence of one or more impairing substances, and the category of such impairing substance or substances, if the witness holds a current certification as a Drug Recognition Expert, issued by the State Department of Health and Human Services_ (b) In a medical malpractice action as defined in G.S. 90-21.11, a person shall not give expert testimony on the appropriate standard of health care as defined in G.S. 90-21.12 unless the person is a licensed health care provider in this State or another state and meets the following criteria: (1) If the party against whom or on whose behalf the testimony is offered is a. specialist, the expert witness must: a. Specialize in the sarne specialty as the party against whom or on whose behalf the testimony is offered; or b. Specialize in a similar specialty which includes within its specialty the performance of the procedure that is the subject of the complaint and have prior experience treating similar patients. (2) During the year immediately preceding the date of the occurrence that is the basis for the action, the expert witness must have devoted a majority of his or her professional time to either or both of the following: a. The active clinical practice of the same health profession in which the party against whom or on whose behalf the testimony is offered, and if that party is a specialist, the active clinical practice of the same specialty or a similar specialty which includes within its specialty the performance of the procedure that is the subject of the complaint and have prior experience treating similar patients; or b. The instruction of students in an accredited health professional school or accredited residency or clinical research program in the same health profession in which the party against whom or on whose behalf the testimony is offered, and if that party is a specialist, an accredited health professional school or accredited residency or clinical research program in the same specialty. (c) Notwithstanding subsection (b) of this section, if the party against whom or on whose behalf the testimony is offered is a general practitioner, the expert witness, during the year immediately preceding the date of the occurrence that is the basis for the action, must have devoted a majority of his or her professional time to either or both of the following: (1) Active clinical practice as a general practitioner, or G.S. 8C-702 Page 1 Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 14 (2) Instruction of students in an accredited health professional school or accredited residency or clinical research program in the general practice of medicine. (d) Notwithstanding subsection (b) of this section, a physician who qualifies as an expert under subsection (a) of this Rule and who by reason of active clinical practice or instruction of students has knowledge of the applicable standard of care for nurses, nurse practitioners, certified registered nurse anesthetists, certified registered nurse midwives, physician assistants, or other medical support staff may give expert testimony in a medical malpractice action with respect to the standard of care of which he is knowledgeable of nurses, nurse practitioners, certified registered nurse anesthetists, certified registered nurse midwives, physician assistants licensed under Chapter 90 of the General Statutes, or other medical support staff. (e) Upon motion by either party, a resident judge of the superior court in the county or judicial district in which the action is pending may allow expert testimony on the appropriate standard of health care by a witness who does not meet the requirements of subsection (b) or (c) of this Rule, but who is otherwise qualified as an expert witness, upon a showing by the movant of extraordinary circumstances and a determination by the court that the motion should be allowed to serve the ends of justice. (f) In an action alleging medical malpractice, an expert witness shall not testify on a contingency fee basis. (g) This section does not limit the power of the trial court to disqualify an expert witness on grounds other than the qualifications set forth in this section. (h) Notwithstanding subsection (b) of this section, in a medical malpractice action as defined in G.S. 90-21.1 l (2)b. against a hospital, or other health care or medical facility, a person shall not give expert testimony on the appropriate standard of care as to administrative or other nonclinical issues unless the person has substantial knowledge, by virtue of his or her training and experience, about the standard of care among hospitals, or health care or medical facilities, of the same type as the hospital, or health care or medical facility, whose actions or inactions are the subject of the testimony situated in the same or similar communities at the time of the alleged act giving rise to the cause of action. (i) A witness qualified as an expert in accident reconstruction who has performed a reconstruction of a crash, or has reviewed the report of investigation, with proper foundation may give an opinion as to the speed of a vehicle even if the witness did not observe the vehicle moving. (1983, c. 701, s. 1; 1995, c. 309, s. 1; 2006-253, s. 6; 2007-493, s. 5; 2011-283, s. 1.3; 2011-400, s. 4; 2017-57, s. 17.8(b); 2017-212, s. 5.3.) G.S. 8C-702 Page 2 Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 15 Rule 703. Bases of opinion testimony by experts. The facts or data in the particular case upon which an expert bases an opinion or inference may be those perceived by or made known to him at or before the hearing. If of a type reasonably relied upon by experts in the particular field in forming opinions or inferences upon the subject, the facts or data need not be admissible in evidence. (1983, c. 701, s. 1.) Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 16 Rule 704.Opinion on ultimate issue. Testimony in the form of an opinion or inference is not objectionable because it embraces an ultimate issue to be decided by the trier of fact. (1983, c. 701, s. 1.) Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 17 Article 2. Judicial Notice. Rule 201. Judicial notice of adjudicative facts. (a) Scope of rile, — This rule governs only judicial notice of adjudicative facts. (b) Kinds of facts. — A judicially noticed fact must be oae not subject to reasonable dispute in that it is either (1) generally known within the territorial jurisdiction of the trial court or (2) capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned. (c) When discretionary. — A court may take judicial notice, whether requested or not. (d) When mandatory. — A court shall take judicial notice if requested by a party and supplied with the necessary information. (e) Opportunity to be heard. — In a trial court, a party is entitled upon timely request to an opportunity to be heard as to the propriety of taking judicial notice and the tenor of the matter noticed. In the absence of prior notification, the request may be made after judicial notice has been taken. (f) Time of taking notice. — Judicial notice may be taken at any stage of the proceeding. (g) Instructing jury. — In a civil action or proceeding, the court shall instruct the jary to accept as conclusive any fact judicially noticed. In a criminal case, the court shall instruct the jury that it may, but is not required to, accept as conclusive any fact judicially noticed. (1983, c. 701, s. 1.) G.S. 8c-201 Page 1 Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 18 21 NCAC 56.1103 STANDARD CERTIFICATION REQUIREMENTS (a) Certification of Final Drawings. Drawings or maps not subject to the exceptions in Paragraph (c) of this Rule shall conform to the following: (1) Certification is required on reproducibles or original drawings; (2) The seal may be a rubber stamp, embossed seal, computer -generated seal, or other facsimile that becomes a permanent addition to a plan sheet or map; (3) The licensee's written signature must be placed over, or adjacent to, the seal on the original document. A facsimile signature is not acceptable; (4) The date of signing must be annotated on the original document; (5) All sheets of engineering and surveying drawings must be certified; (6) The name, address and license number of the licensee's firm shall be included on each sheet of engineering drawings. For surveys, the name, address and license number of the licensee's firm shall be included on the first sheet of the survey or title sheet. The individual license number of the sole proprietor shall be used as the license number for an exempt sole proprietorship that meets the requirements of 21 NCAC 56 .0802(b)(1); and (7) Any revision on a drawing after a licensee's certification is affixed shall be described and dated and if not done under the responsible charge of the same licensee shall be separately certified. (b) Certification of Specifications and Reports. All specifications, reports, or other documents, including letter reports and calculations, not subject to the exceptions in Paragraph (c) of this Rule shall conform to the following: (1) Certification is required on original specifications, reports, or other documents, including letter reports and calculations; (2) The seal may be a rubber stamp, or other facsimile; (3) The licensee's written signature must be placed over, or adjacent to, the seal on the original document. A facsimile signature is not acceptable; (4) The date of signing must be annotated on the original document; (5) The title sheet of engineering specifications or other reports must be certified and bear the name, address and license number of the licensee's firm. The title sheet of any survey report or written description of property shall include the name, address and license number of the licensee's firm. The individual license number of a sole proprietor shall be used as the license number for an exempt sole proprietorship that meets the requirements of 21 NCAC 56 ,0802(b)(1); and (6) Any revision in the document after a licensee's certification is affixed shall be described and dated and if not done under the responsible charge of the same licensee shall be separately certified. (c) Exceptions to Required Certification. The certification of a licensee on a map, drawing, plan, specification, plat, document, or report shall signify that it is the final work of the licensee unless the work is stamped or marked substantially as follows so as to put the public on notice not to use as a final product, in which case certification is optional: (1) "Preliminary - Do not use for construction"; (2) "Progress Drawings - Do not use for construction"; (3) "Preliminary Plat - Not for recordation, conveyances, or sales"; (4) "Final Drawing - Not released for construction"; (5) "Final Drawing - For Review Purposes Only"; (6) "Not a Certified Document — This document originally issued and sealed by (name of licensee), (license number), on (date of sealing). This document shall not be considered a certified document"; (7) "Not a Certified Document as to the Original Document but Only as to the Revisions - This document originally issued and sealed by (name of licensee), (license number), on (date of sealing). This document is only certified as to the revisions". (d) Electronically Transmitted Documents. Documents, including drawings, specifications and reports, that are transmitted electronically beyond the direct control of the licensee shall have the computer -generated seal removed from the original file, unless signed with a digital signature as defined in Paragraph (e) of this Rule. After removal of the seal the electronic media shall have the following inserted in lieu of the signature and date: "This document originally issued and sealed by (name of sealer), (license number), on (Date of sealing). This medium shall not be considered a certified document." Hardcopy documents containing the original seal, signature and date of the licensee may be duplicated by photocopy or electronic scanning processes and distributed either in hardcopy or electronic medium. The scanned digital files of certified documents are not subject to the requirements of this Paragraph. The electronic transmission beyond the direct control of the licensee of CAD, vector or other files subject Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 19 to easy editing are subject to the requirements of this paragraph. Easy editing is based on the file consisting of separate elements that can be individually modified or deleted. Documents that are excepted from certification by a statement meeting the requirements of Subparagraphs (c)(1) through (c)(5) of this Rule are not subject to the requirements of this Paragraph. (e) Documents to be electronically transmitted beyond the direct control of the licensee that are signed using a digital signature, shall contain the authentication procedure in a secure mode and a list of the hardware, software and parameters used to prepare the document(s). Secure mode means that the authentication procedure has protective measures to prevent alteration or overriding of the authentication procedure. The term "digital signature" shall be an electronic authentication process that is attached to or logically associated with an electronic document. The digital signature shall be: (1) Unique to the licensee using it; (2) Capable of verification; (3) Under the sole control of the licensee; and (4) Linked to a document in such a manner that the digital signature is invalidated if any data in the document is changed. (f) A digital signature process may be submitted to the Board for approval that it meets the criteria set forth in Subparagraphs (e)(1) through (4) of this Rule. The licensee shall confirm that if another process is used, that it meets the criteria. History Note: Authority G.S. 89C-10; 89C-16; E f f. February 1,1976; Readopted E f f. September 29,1977, Amended Eff. August 1, 2011; July 1, 2009; May 1, 2009; August 1, 2002; August 1, 2000, August 1, 1998; February 1,1996; May 1,1994; April 1,1989; December 1,1984; Pursuant to G.S. 1505-21.3A, rule is necessary without substantive public interest Eff. April 27, 2019. Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 20 Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 21 4i. A777 f`1 21 NCAC 56.1103 STANDARD CERTIFICATION REQUIREMENTS (a) Certification of Final Drawings. Drawings or maps not subject to the exceptions in Paragraph (c) of this Rule shall conform to the following: (1) Certification is required on reproducibles or original drawings; (2) The seal may be a rubber stamp, embossed seal, computer -generated seal, or other facsimile that becomes a permanent addition to a plan sheet or map; (3) The licensee's written signature must be placed over, or adjacent to, the seal on the original document. A facsimile signature is not acceptable; (4) The date of signing must be annotated on the original document; (5) All sheets of engineering and surveying drawings must be certified; (6) The name, address and license number of the licensee's firm shall be included on each sheet of engineering drawings. For surveys, the name, address and license number of the licensee's firm shall be included on the first sheet of the survey or title sheet. The individual license number of the sole proprietor shall be used as the license number for an exempt sole proprietorship that meets the requirements of 21 NCAC 56 .0802(b)(1); and (7) Any revision on a drawing after a licensee's certification is affixed shall be described and dated and if not done under the responsible charge of the same licensee shall be separately certified. (b) Certification of Specifications and Reports. All specifications, reports, or other documents, including letter reports and calculations, not subject to the exceptions in Paragraph (c) of this Rule shall conform to the following: (1) Certification is required on original specifications, reports, or other documents, including letter reports and calculations; (2) The seal may be a rubber stamp, or other facsimile; (3) The licensee's written signature must be placed over, or adjacent to, the seal on the original document. A facsimile signature is not acceptable; (4) The date of signing must be annotated on the original document; (5) The title sheet of engineering specifications or other reports must be certified and bear the name, address and license number of the licensee's firm. The title sheet of any survey report or written description of property shall include the name, address and license number of the licensee's firm. The individual license number of a sole proprietor shall be used as the license number for an exempt sole proprietorship that meets the requirements of 21 NCAC 56.0802(b)(1); and (6) Any revision in the document after a licensee's certification is affixed shall be described and dated and if not done under the responsible charge of the same licensee shall be separately certified. (c) Exceptions to Required Certification. The certification of a licensee on a map, drawing, plan, specification, plat, document, or report shall signify that it is the final work of the licensee unless the work is stamped or marked substantially a ut the public on notice not to use as a final product, in which case certification is optional: (1) o not use for construction", (2) ings - Do not use for construction"; (3) inary at - Not for recordation, conveyances, or sales"; (4) "Final Drawing - Not released for construction"; (5) "Final Drawing - For Review Purposes Only"; (6) "Not a Certified Document — This document originally issued and sealed by (name of licensee), (license number), on (date of sealing). This document shall not be considered a certified document"; (7) "Not a Certified Document as to the Original Document but Only as to the Revisions - This document originally issued and sealed by (name of licensee), (license number), on (date of sealing). This document is only certified as to the revisions". (d) Electronically Transmitted Documents. Documents, including drawings, specifications and reports, that are transmitted electronically beyond the direct control of the licensee shall have the computer -generated seal removed from the original file, unless signed with a digital signature as defined in Paragraph (e) of this Rule. After removal of the seal the electronic media shall have the following inserted in lieu of the signature and date: "This document originally issued and sealed by (name of sealer), (license number), on (Date of sealing). This medium shall not be considered a certified document." Hardcopy documents containing the original seal, signature and date of the licensee may be duplicated by photocopy or electronic scanning processes and distributed either in hardcopy or electronic medium. The scanned digital files of certified documents are not subject to the requirements of this Paragraph. The electronic transmission beyond the direct control of the licensee of CAD, vector or other files subject Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 24 to easy editing are subject to the requirements of this paragraph. Easy editing is based on the file consisting of separate elements that can be individually modified or deleted. Documents that are excepted from certification by a statement meeting the requirements of Subparagraphs (c)(1) through (c)(5) of this Rule are not subject to the requirements of this Paragraph. (e) Documents to be electronically transmitted beyond the direct control of the licensee that are signed using a digital signature, shall contain the authentication procedure in a secure mode and a list of the hardware, software and parameters used to prepare the document(s). Secure mode means that the authentication procedure has protective measures to prevent alteration or overriding of the authentication procedure. The term "digital signature" shall be an electronic authentication process that is attached to or logically associated with an electronic document. The digital signature shall be: (1) Unique to the licensee using it; (2) Capable of verification; (3) Under the sole control of the licensee; and (4) Linked to a document in such a manner that the digital signature is invalidated if any data in the document is changed. (f) A digital signature process may be submitted to the Board for approval that it meets the criteria set forth in Subparagraphs (e)(1) through (4) of this Rule. The licensee shall confirm that if another process is used, that it meets the criteria. History Note: Authority G.S. 89C-10; 89C-16, Eff. February 1, 1976, Readopted Eff: September 29, 1977; Amended Eff, August 1, 2011; July 1, 2009; May 1, 2009; August 1, 2002; August 1, 2000; August 1, 1998; February 1, 1996; May 1, 1994; April 1, 1989; December 1, 1984; Pursuant to G.S. I5OB-21.3A, rule is necessary without substantive public interest Ef. . April 27, 2019. Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 25 ' Board ofCommissioners ' June 3.2O24 MORGHAN GEM COLLINS Register of Deeds New Hanover County Register of Deeds 320 Chestnut Street Suite 102 Wilmington, North Carolina 28401 Telephone 910-798-4530 • Fax 910-798-7751 y �Z F -',M 1FPP'- -J, H BL[SVQ- I do hereby certify this to be a true and accurate copy of the document filed and recorded in New Hanover County Register of Deeds Office as evidence in Book No 5717 at Page No 2845. Morghan Getty Collins , Register of Deeds 5/28/2024 Assistant/lqputy Register of Deeds Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 27 3008269�n��m�ru� DECLARATION OF 'FOR REGISTRATION Of 4EED' AAMMTHEUCNEAL NEW HANOVER COUNTY, NC 2013 MAR 07 03 15:N FM BK 5717 PG 2845-2872 FEE:$74.00 COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS OF TARIN WOODS Recorded this day of March, 2013 I%tNg 120131169 Recorded in Book , Page , New Hanover County Registry -* ems YCPP ,!II 1 This is a true and accurate vcpayrc�of�C d in the New June 3 2Syty Register of Deeds office. ITEM: 13- 11 - 28 DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS OF TARIN WOODS WITNESSETH: WHEREAS, the Developer is the Owner of certain real property located in New Hanover County, North Carolina, which is more particularly described on Exhibit "A" and the Quitclaim Deed attached hereto and made a part hereof by reference; and WHEREAS, the Developer proposes to create on such property a Subdivision containing 130 residential home lots, together with common areas as more fully described below (hereafter referred to as the "Subdivision"); and WHEREAS, the Developer wishes to accomplish the following objectives for its benefit and the benefit of Owners of Lots in the Subdivision by the imposition of the restrictive covenants and easements set forth herein: To maintain the single family residential character and integrity of the Subdivision, t To preserve the quality of the natural amenities of the Subdivision, (c), To minimize or eliminate the possibility of any disruptions of the peace and tranquility of the single family residential environment of the Subdivision, Fd a To prevent the abuse or unwarranted alteration of the natural character of the land in the Subdivision, To create and encourage a natural rustic character for the homes and real property in the Subdivision, (f) To prevent any property Owner or any other persons from building or carrying on any other activity in the Subdivision to the detriment of any Owners of Lots in the Subdivision, and (g) To keep property values in the Subdivision high, stable and in a state of reasonable appreciation, and WHEREAS, the Developer is desirous of maintaining design criteria, location, construction specifications and other controls to assure the integrity of the Subdivision; and WHEREAS, the Developer hereby declares that all of the properties described above shall be held, mortgaged, sold and conveyed subject to the following easements, restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each Owner thereof, 2 This is a true and accurate cgoo�rc��Of ComirriiioNers H,funev�rtnty Register of Deeds office. ITEM: 13- 11 - 29 ARTICLE I Definitions _ 5e(31on 1. "Association" shall mean and refer to Tarin Woods Property Owners Association, inc its successors and assigns. Section 2. "Properties" shall mean and refer to that certain real property hereinbefore descnbed and more particularly shown on Exhibit "A" attached hereto, and such additions thereto as may hereafter be brought within the jurisdiction of the Association or subject to this Declaration. Section 3. "Common Area" shall mean and refer to those areas of land, including the facilities to be constructed thereon, if any, shown on the Subdivision plat of the Properties. This shall include any property on the Subdivision plat referred to as open space, passive and active recreation space, as well as any easement shown on the Subdivision plat. Common Area shall also refer to any roadways shown on the Subdivision plat. Said roadways are to remain private and not be turned over to the North Carolina Department of Transportation for maintenance. Section 4. "Lots" shall mean and refer to any plot of land with such improvements as may be erected thereon Intended and subdivided for detached home sites use, specifically Lots 1 through 130 shown on the Subdivision Plat, but shall not include the Common Areas as herein defined. Section 5. "Owner" shall mean and refer to the record Owner, whether one or more persons or entities, of the fee simple title to any Lot, but shall not mean or refer to any mortgagee or subsequent holder of a mortgage, unless and until such mortgagee or holder has acquired title pursuant to foreclosure or any proceedings in lieu of foreclosure Said term "Owner" shall also refer to heirs, successors and assigns of any Owner. Section b. "Developer" shall mean and refer to Rock Hill Road Investments, and any of its heirs and assigns. Section 7. "Member" shall mean and refer to all those Owners who are members of the Association, as provided in Article II, Section 1 hereof. Section 8. "Development", "Project" and "Community" shall all mean and refer to the Subdivision to be developed and constructed by the Developer. Section 9. "Plans", "Specifications", "Elevations", "Exterior Designs" and such like terms shall refer to and encompass the Plans, Specifications, Elevations and Designs as well as setbacks, locations, etc., approved by the Developer. Section 10. "Community Pool" will mean and refer to those portions of the Common Area set aside for the exclusive use of Owners of Dots, including, but not limited to the swimming pool and pool house complex. Section 11. "Limited Common Area" will mean and refer to those portions of the Common Area set aside for the exclusive use of some, but not all, Owners of Lots, including, but not limited to, the Limited Common Area, any paths, parking areas and any other real or personal property designated for use by the Owners of Lots. Section 12. "Limited Common Expenses" will mean and refer to Common Expenses of the Association attributable to Limited Common Areas for the exclusive use and benefit of 3 This is a true and accurate r�� es;! min.the New Hynovr2�?Vnty Register of Deeds office. ITEM: 13- 11 - 30 some but not all Owners of Lots and incurred by the Association pursuant to the terms and conditions hereof. Limited Common Expenses attributable to a Limited Common Area will be payable pro-rata by the Owners with exclusive use and benefit thereof as a Specific Assessment, Section 13. "'Private Roads" will mean and refer to the paved roadways within the property limits of Tarin Woods Subdivision and shown on the approved Tarin Woods Subdivision plat. Section 1. The roadways within the property limits of the Tarin Woods subdivsion are pnvate roads. All road maintenance shall run through the property owners association in perpetuity after acceptance from the Developer until such time that the roads are re - platted as publically designated roads and taken over for maintenance through the North Carolina Department of Transportation (NCDOT) or appropriate governing authority. The developers of Tann Woods subdivision located in the unincorporated area of New Hanover County and the HOA of Tarin Woods subdivision understand that the roads in said subdivision and access roads providing connectivity to Tarin Woods subdivision are designated private unless otherwise proven as under and accepted by NCDOT maintenance. The maintenance of said roads is the responsibility Tarin Woods HOA with or without additional agreements recorded showing others have maintenance responsibility. It is understood that ownership and maintenance of the roads will be the responsibility of the developer until such time that the developer designates the responsibility to the property owners' association with or without the HOA consent. Responsibilities must be accepted by the homeowners association as specified in the homeowner covenants for said subdivision. The private roads in said subdivision are to be constructed in accordance with Section 52-4 of the New Hanover County Subdivision Ordinance and all applicable County Codes which include the design, installation, inspection, and approval by a licensed Professional Engineer (PE) recognized in the State of North Carolina prior to final plat approval for all or a portion of the subdivision. If all or a portion of the road infrastructure system within the subdivision is bonded through a surety, performance bond, or cash escrow, no bond shall be released until all road construction improvements for the portion thereof are complete and certified by the Professional Engineer. Section 2. The roadways are to be constructed in accordance with Section 52.4 of the New Hanover County Subdivision Ordinance and all applicable County Codes which include the design, installation and approval by a licensed Professional Engineer (PE) recognized by the State of North Carolina prior to final plat approval for all or a portion of the subdivision. ARTICLE III Annexation and Planned Unit Development Section 1. Developer herein retains the right to annex additional property that may be after acquired into the Subdivision. This annexed property may be used for single family as well as multifamily units. No approval of the Association shall be required for such action, regardless of the time frame this may occur. 4 This is a true and accurate ayrR�bCJAj& 0 YS rs HlaU%� vg,rac my Register of Deeds office. ITEM: 13- 11 - 31 Section 2. Developer herein retains the right to create a Planned Unit Development at a later date which Subdivision shall automatically become a part of. Developer may add to or rezone property in Subdivision or the aforementioned Planned Unit Development. No further action on the part of Developer or Association shall be required, and no approval of Association shall be required to do so. Section 3. Developer herein retains the right to alter the Master Plan (whether it be recorded or not) for any reason. Including, but not limited to, the expansion of Subdivision and/or the creation of the Planned Unit Development. Membership and Voting Right in the Association Section 1. Membership. Every person or entity who is an Owner of any Lot that is subjected by the Declaration to assessment by the Association shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot, which is subject to assessments. Section 2. Voting Rights. The Association shall have two classes of voting membership. Class A. Class A Members shall be all Owners except the Developer. Class A Members shall be entitled to one vote for each Lot in which they hold the interest required for membership by Section 1 above. When more than one person holds such interest or interests in any Lot, the vote attributable to such Lot shall be exercised as such persons mutually determine, but in no event shall more than one vote be cast with respect to any such Lot. Class B. The sole Class B Member shall be the Developer. The Class B Member shall be entitled to four votes for each Lot in which it holds the interest required for membership under Section 1 of the Article. The Class B membership shall cease and become converted to Class A membership upon the occurrence of the first of either of the following two events- 1. When the total votes outstanding in the Class A membership equal or exceed the total votes outstanding in the Class B membership (Lots shall include any additional phases which Developer might bring under the terms of this agreement) or 2. Five years from the date of the first sale of a lot in the development by the Developer to an individual lot owner. ARTICLE IV Property Rights in the Common Areas Section 1. Members Easements of Enjoyment. Subject to the provisions of Section 3 of this Article, every Member shall have a non-exclusive right and easement of enjoyment in and to the Common Areas, and such easement shall be appurtenant to and shall pass with the title to every Lot. 5 This is a true and accurate w�a�rnffM in.t e Ners - unev�r2S�i my Register of Deeds office. ITEM: 13- 11 - 32 Section 2 Title to Common Areas. The Developer hereby covenants for itself, its successors and assigns, that on or before twelve (12) months from the date the last lot in Tarin Woods is conveyed to an Owner, it will convey to the Association, by limited warranty deed, fee simple title to the Common Areas, subject, however, to all Dens and encumbrances of record and to the following covenant, which shall be deemed to run with the land and shall be binding upon the Association, its successors and assigns. In order to preserve and enhance the property values and amenities of the community, the Common Areas and all facilities now or hereafter built or installed thereon shall at all times be maintained in good repair and condition and shall be operated in accordance with high standards, by the Developer, and upon conveyance the Association. The maintenance and repair of the Common Areas shall include, but not be limited to, the repair of damage to pavements, roadways, walkways, outdoor lighting, buildings, if any, recreational equipment, if any, fences, storm drains and sewer and water lines, connections and appurtenances. This Section shall not be amended so as to eliminate or substantially impair the obligation for the maintenance and repair of the Common Areas. Section 3, Extent of Members Easements. The rights and easements created hereby shall be subject to the following: (a) The right of the Developer, and of the Association, to dedicate, transfer or convey all or any part of the Common Areas, with or without consideration to any successor association, governmental body, district, agency or authority, or to any utility company, provided that no such dedication, transfer or conveyance shall adversely affect the use of the Common Areas by the Members of the Association; (b) The right of the Developer and of the Association, to grant and reserve easements and right-of-way through, under, over and across the Common Areas, for the installation, maintenance and inspection of lines and appurtenances for public or private water, sewer, drainage, fuel oil and other utilities and services, including a cable (CAN) or community antenna television system and irrigation or lawn sprinkler systems, and the right of the Developer to grant and reserve easements and rights -of -way through, over and upon and across the Common Areas for the completion of the Development, including the sale and development of properties adjacent to the Subdivision, whether or not made subject to the provisions hereof, and for the operation and maintenance of the Common Areas as well as public walking trails; (c) The right of visitors, invitees, etc., to ingress and egress in and over those portions of the Common Areas that lie within the private roadways, parking lots and/or driveways (and over any other necessary portion of the Common Areas in the case of landlocked adjacent Owners) to the nearest public highway; (d) The right of the Association, as provided herein and in its by-laws, to suspend the enjoyment rights of any Member for any period during which any assessment remains unpaid Provided, however, that the right of a Member to ingress and egress over the roads and/or parking areas shall not be suspended; 6 This is a true and accurate r��ayrc�of mimissloNers Hlaunevr2C��inty Register of Deeds office. ITEM: 13- 11 - 33 (e) The right of the Association, as provided herein and in its by-laws, to suspend the enjoyment rights of any Member for any infraction of its published rules and regulations. Provided, however, that the right of a Member to ingress and egress over the roads and/or parking areas shall not be suspended; (f) The rights of the Association, in accordance with law, and its Articles of Incorporation and by-laws, to borrow money for the purpose of improving the Common Areas and in'pursuance thereof to mortgage the same. Section 4. Delegation of Rights. Any owner may delegate, in accordance with the by-laws of the Association, his right of enjoyment to the Common Areas and facilities to his employees, tenants, invitees or licensees. Section 5. Additional Structures. Neither the Association nor any Owner or any group of Owners shall, without the prior written approval of Developer, erect, construct or otherwise locate any structure or other improvement in the Common Areas. Section 6. Alterati n of Common Areas. While Common Area remains in control of the Developer, Developer retains the right to alter common areas as necessary for any reason. Including, but not limited to, the expansion of Subdivision and/or the creation of the Planned Unit Development. ARTICLE V Right of Association to Alter Iml2rove, Maintain and Repair Common Areas and Drainage Ditch Areas The Association shall have the right to make or cause to be made such alterations, modifications, improvements, repairs, maintenance and replacements to the Common Areas and the drainage ditch area(s), and the cost thereof shall be assessed as common expenses and collected from the Lot Owners on an equal basis. ARTICLE VI Covenant for Maintenance Assessments Section 1 Creation of the Lien and Personal Obligation of Assessments. The Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed or other conveyance, shall be deemed to covenant and agree to pay to the Association: (1) annual assessments or charges for the maintenance of the Common Areas, including such reasonable reserves as the Association may deem necessary (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs of collection, and reasonable attorney's fees for the collection thereof, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with the collection thereof, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them. Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the residents in the Properties (and their respective families, guest, tenants and invitees) and for the improvement, protection, replacement and maintenance of the Common Areas and for the 7 This is a true and accurate cg,%Rotf�d in the New H?novjrai�nty Register of Deeds office. r ommissioners - une ITEM: 13- 11 - 34 provisions of various forms of insurance for the Association, its property, members, directors, officers, employees, and agents. Section 3. Capital Contribution. The first property owner of a new lot shall pay a $140 Capital Contribution (or 2 months HOA dues) into the general HOA fund. This is not a payment toward monthly HOA Dues. This payment is toward the HOA budget responsibilities. Section 4. MaXimurn Annual Assessment. Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment shall be $1,200 per Lot. (Preliminary Annual Budget based on $70/month H.O. Dues) (Assumes Developer managed H.O.A until 100 lots sold) Administrative ($10,000 / year) o Legal o Accounting o Postage / Office Supplies Utilities ($30,000 / year) o Street Lighting o Irrigation pump / controls o Storage Pond Pumps / controls o Landscape lighting o Swimming pool and pool house Maintenance ($40,000 / year) o Landscaping o Irrigation system o Common Areas o Swimming pool and pool house o Storm water o Storage and infiltration ponds / pumps o Jurisdictional ditches o Sidewalks o Insurance o Taxes Roadway Maintenance (Reserve Fund) (20% or $20,000 / year) General Fund ($10,000 / year or all excess funds) (a) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased each year not more than 5% above the maximum assessment for the previous year without a vote of the membership. (b) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased above the 5% by a vote of two-thirds (2/3) of each class of members who are voting in person or by proxy, at a meeting duly called for this purpose. (c) The Board of Directors may fix the annual assessment at an amount not in excess of the maximum. This is a true and accurate WNaag�K�,Mjbq%l peep H AnnSvf r s i�nty Register of Deeds office. ITEM: 13- 11 - 35 Section 5 Special Assessments for Capital Improvements In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement, to include a possible clubhouse and other amenities to be named later, upon the Common Areas, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. Section 6 Notice and Quorum for Any Action Authorized Under Section 3 and 4. Written notice of any meeting called for the purpose of taking any action authorized under Section 3 or 4 shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60%) of all the votes of each class of membership shall constitute a quorum. if the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than 60 days following the preceding meeting. Section 7. Rate of Assessment. Annual and special assessments may be collected on a monthly, quarterly or annual basis. Annual and special assessments for Owners of unimproved Lots may be fixed at a rate lower than those for Owners of improved Lots. Section 8 Date of Commencement of Annual Assessments - Due D51tess, The annual assessments for unimproved Lots provided hereinafter shall commence as to any Lots on the first day of the month following the conveyance thereof by the Developer. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year, the board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance. Section 9 Effect of Nonpayment of Assessments - Remedies of the Association Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of eight and three -fourths percent (8-3/4%) per annum. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property (as in the foreclosure of a mortgage), or both. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Areas or abandonment of his Lot. Non-payment for any period of thirty (30) days or more shall result in the loss of rights to the pool, clubhouse and other recreational amenities within the common areas until such payment is made in full including all interest and late payment penalties. Section 10 Subordination of the Lien to MoEtgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any deed or other proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such 9 This is a true and accurate r�g�r�s Iced in .the New H�nov rRr my Register of Deeds office. r o ommissioners - une ITEM: 13- 11 - 36 sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. ARTICLE VII Architectural Control Section 1, Buildin s, Fences, Walls, Etc. No building, fence, wall or other structure, and no change in topography, landscaping or any other item shall be commenced, erected or maintained upon the Property, nor shall any exterior addition to or change be made until the plans and specifications showing the nature, kind, shape, height, materials, color and locations of the same shall have been submitted to and approved in writing as to the harmony of the external design and location in relation to the surrounding structures and topography by the Developer. Provided, however, that upon the Developer's selling of all the Lots in the Subdivision, this right of approval shall be transferred to an architectural review board of the Association. Such architectural review board shall be comprised of not less than three (3) representatives to be appointed by the Board of Directors of the Association. Provided, however, that the Developer may transfer its rights of approval under this Declaration prior to its selling all of the Lots in the Development if it so chooses In the event the Developer or the architectural review board fails to approve or disapprove any request within thirty (30) days after complete wntten plans and specifications have been submitted to it, the same shall be deemed approved, and this Article shall be deemed to have been fully complied with, provided, however, that no such failure to act shall be deemed an approval of any matters specifically prohibited by any other provision of this Declaration. Refusal or approval of plans, specifications and plot plans or any of them may be based on any grounds, including purely aesthetic grounds, which in the sole and uncontrolled discretion of the Developer or the architectural review board may deem sufficient. There shall be a fee paid for the review of such plans, which shall be specified by the Developer or Board at time of submission. Any change in exterior appearance of any building, wall, fence or other structural improvements and any change in the appearance of the landscaping, shall be deemed an alteration requiring approval. The transfer of control shall not be mandatory on the part of the Developer if the Developer has brought another phase under the terms of this Declaration on before the time the last Lot in the other phase or phases has been sold. Any non-compliance with this section shall result in a lien on the non -compliant party's property for any penalties assessed by the architectural review board plus any attorney's fees incurred by the Homeowners Association. Section z Erosion Control Measures and Impervious Surface Drall] All lots must me graded in accordance with County and State specifications and Developer's approval to meet all applicable erosion control and impervious surface drainage standards. Developer maintains the right of re entry on all lots during construction for the purpose of determining if standards are being met. Failure to comply with standards, failure of which shall be determined by Developer, shall result in the ability of Developer to immediately halt construction, and at their sole discretion, complete the work and charge back to homeowner all costs associated with this action, as well as any fines. These fees shall also be a valid lien on the property. These fees must be paid prior to any recommencement placed with Developer insuring compliance with this section prior to commencement of construction on all lots ARTICLE VIIi Restrictions Upon Ilse Qf of and Structures 10 This is a true and accurate r���r�s �ed in.the New Hnovgr D my Register of Deeds office. r o ommissioners - une 2 ITEM: 13- 11 - 37 V, Section 1 Conformity and Approval of Structures. No structure, fence, sidewalk, wall, drive or other improvement shall be placed or altered on any Lot except in accordance with the provisions of this Declaration. Section 2 Subdivision of Lot - Easements and Encroachments No Lot shall be subdivided except as hereinafter provided and no building or residence, including porches or projections of any kind, shall be erected so as to extend over or across any of the building lines as hereinafter established. 5gcttinn 3 Increased Size of Lots. Lot or Lots may not be subdivided, however, nothing shall prevent the combination of two or more Lots for a single building site. In such cases, the Developer may alter the building or setback lines to conform. Should the Owner or Owners of any Lots which have been combined for a single budding site subsequently wish to revert to the original plan of the Subdivision, or make any other combination which would not be in violation of this restriction, may be done only if the written consent of the Developer is first had and obtained. In such instances, the adjoining Lot Owners, or other Owners in the Subdivision shall not have the right to pass on or interfere with such Lot rearrangement. Such rights shall be exclusively that of the Developer who may expressly have transferred such rights, but the purchaser of any other Lot in the Subdivision does not, by virtue of his status as a purchaser, become any such successor or assign. Section 4 Alteration of Building Lines in the Best Interest of Development. Where because of size, natural terrain, or any other reason in the sole opinion of the Developer, it should be to the best interest of the Development of this Subdivision that the building lines of any Lot be altered or changed, the Developer reserves unto itself, its successors and assigns, and no other, the right to change said lines to meet such conditions. The Developer specifically reserves the right to transfer and assign this right of change of building lines to the Architectural Control Committee hereinafter established. Section S Residential Use of Lots. All Lots shall be used for single family residential purposes exclusively. No structures, except as hereinafter provided, shall be erected, altered, placed or permitted to remain on any Lot other than one (1) detached single family residence constructed in accordance with the Plans and Specifications, provided, however, that nothing contained herein shall be construed to prevent the Developer from maintaining one or more model homes and/or sales offices in the Subdivision for the purpose of selling property in the Subdivision. Section 6 Maintenance of Lots. It shall be the responsibility of each Lot Owner to prevent the development of any unclean, unsightly, or unkempt condition of buildings or grounds on such Lot which shall tend to substantially decrease the beauty of the neighborhood as a whole or the specific area. Every Owner shall maintain the structures and grounds on each Lot at all times in a neat and attractive manner. Upon the Owner's failure to do so, the Association may, at its option after giving the Owner ten (10) days written notice sent to his last known address, or to the address of the subject premises, have the grass, weeds, shrubs and vegetation cut when and as often as the same is necessary in its ]udgment, and have dead trees, shrubs and plants removed from such Lot and replaced, and may have any portion of the Lot re -sodded or landscaped, and all expenses of the Association under this Section shall be a lien and charge against the Lot on which the work was done and the personal obligation of the then Owner of such Lot. Upon the Owner's failure to maintain the exterior of any structure in good repair and appearance, the Association may, at its option after giving the Owner thirty (30) days written notice sent to his last known address, make repairs and improve the appearance in a reasonable and workmanlike manner. The cost of any of the work performed by the Association upon the 11 This is a true and accurate �geyrMomin the Ners H,fu oe fr2C�yty Register of Deeds office. ITEM: 13- 11 - 38 Owner's failure to do so shall be immediately due and owing from the Owner of the Lot to the Association and shall constitute an assessment against the Lot on which the work was performed, collectible in a lump sum and secured by the lien against the Lot as herein provided. Any Owner may choose to perform maintenance on his own yard that would normally be the responsibility of the Association, but in no event, shall such Owner be entitled to any offset or deduction in his assessments for performing such maintenance. The Association is hereby granted a perpetual easement across each Lot for the purposes of carrying out its responsibilities under this Section. Section 7. Nuisances. No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done thereon tending to cause embarrassment, discomfort, annoyance or a nuisance to the neighborhood. No trash, leaves or rubbish may be burned on any Lot or within the Development nor shall there be maintained any plants, poultry, animals (other than household pets) or device or thing of any sort, the normal activities or existence of which is in any way noxious, dangerous, unsightly, unpleasant or of a nature as may diminish or destroy the enjoyment of other property in the neighborhood by the Owner thereof. Section 8. Exclusion of Above Ground Utilities. All electrical and telephone service shall be placed underground and no outside electrical lines shall be placed overhead. Provided, however, that the normal service pedestals, etc., used in conjunction with such underground utilities shall be permitted within the Development. Overhead utilities shall be permitted during the construction period and until utility companies can place them underground. Section 9. Satellite Dishes. Satellite dishes shall not be placed in the front of the property. Properly maintained satellite dishes may be placed at the rear of the property with the prior approval of the Developer. Upon the Developer's selling of all the Lots in the Subdivision, this right of approval shall be transferred to an architectural review board of the Association. Section 10, Prohibition Against Business Activity an "Time -Sharing" Use. No business activity, including but not limited to, a rooming house, boarding house, gift shop, antique shop, professional office or beauty shop or the like or any trade of any kind whatsoever shall be carried on upon a Lot or Lots. Provided, however, that nothing contained herein shall be construed so as to prohibit the construction of houses to be sold on said Lots or the showing of said houses for the purpose of selling houses in the Subdivision. Nothing herein shall be construed to prevent the Developer or its agents from erecting, place or maintaining signs, structures and offices as it may deem necessary for its operation and sales in the Subdivision. Provided, however, that nothing herein contained shall prevent the Developer or its agents from erecting and maintaining sales and marketing signs in common areas. No Lot or structure shall be "Time-shared", nor shall any Lot or structure be owned, used or operated so as to constitute such Lot or structure as a "time- sharing" unit within the meaning of such statutory provisions. Section 11. Mining and Drilling. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, placed or permitted upon any part of the premises, nor shall any oil, natural gas, petroleum, asphalt, or hydrocarbon products or materials of any kind be produced or extracted from the premises. Section 12. Garbage Disgosal, Each Lot Owner shall provide roll -out garbage containers of the type approved by the Developer or provided by waste collection company, which shall be visible from the streets on garbage pick-up days only. No garbage or trash 12 i his is a true and accurate c6W#6f@ rlRi @W 1-I v§runty Register of Deeds office. ITEM: 13- 11 - 39 incinerator shall be permitted upon the premises. No burning, burying or other disposal of garbage on any Lot or Lots within the Subdivision or Development shall be permitted. Provided, however, that Owner shall be permitted to modify the requirements of this Section where necessary to comply with orders of governing bodies. Section 13. Easement for Utilities. The Developer reserves unto itself, its successors and assigns a perpetual alienable easement, as shown on the recorded Tarin Woods Subdivision Map, right of ingress and egress over, upon, across and under each Lot and Common Areas for the erection, maintenance, installation and use of electrical and telephone wires, cables, conduits, sewers, water or other public convenience or utilities, including an easement for privately owned television and other communications cable and equipment, and the Developer may further cut drain ways for surface water when such action may appear to the Developer to be necessary in order to maintain reasonable standards of health, safety and appearance. These easements and rights expressly include the right to cut any trees, bushes or shrubbery, make any grading of soil, or to take any other similar action reasonably necessary to provide an economical and safe utility or other installation and to maintain reasonable standards of health, safety and appearance. It further reserves the right to locate wells, pumping stations, and tanks within residential areas on any walkway, or any residential Lot designated for use on the applicable plat of the residential Subdivision, or to locate same upon an adjacent Lot with permission of the Owner of such adjacent Lot. Such rights may be exercised by the licensee of the Developer but this reservation shall not be considered an obligation of the Developer to provide or maintain any such utility service. No structures, including walls, fences, paving or planting shall be erected upon any part of the property which will interfere with the rights of ingress and egress provided for in this paragraph. Provided, however, that such easements and rights, shall be restricted to the roads, streets, alleys and easements as shown and designated on the applicable plat or plans of the Development. Section 14. Tgmnorary Structures. No structure of a temporary character shall be placed upon any Lot any time, provided, however, that this prohibition shall not apply to shelters used by the contractor during construction of the main dwelling house, it being clearly understood that the latter temporary shelters may not, at any time, be used for residence or permitted to remain on the Lot after completion of construction. No shack, tent, barn, bus -body, junked vehicle, tree house or other similar vehicle, out -building or structure shall be placed on any Lot any time either temporarily or permanently. Section 15. Storage Receptacles. No fuel tanks or similar storage receptacles may be exposed to view, and may be installed only within the main dwelling house or buried underground. Any exterior air conditioning or heating units shall be screened from view from all Common Areas and adjacent Lots. Sgction 16. Re- to atting of Lots. No Lot's boundary lines shall be changed, except as herein provided. However, the Developer hereby expressly reserves to itself, its successors and assigns the right to re -plat any two or more Lots owned by the Developer shown on the plat of said Subdivision prior to delivery of the deed therefore in order to create a modified building Lot or Lots. The restrictions and covenants herein apply to each such building Lot so created or recreated. raection 17. Clothesline. No clothesline or drying yards shall be located upon the premises so as to be visible from any Common Area or from any adjoining Lots. Section 18. Water Systems. No individual water supply system shall be permitted upon the premises with the exception of a shallow well to be used for irrigation purposes 13 This is a true and accurate r���c?of � mmissloNers HJaunev�r2�c�i�nty Register of Deeds office. ITEM: 13- 11 - 40 only, which shallow well shall be approved in writing in all respects, including the pump and the covering or screen thereof by the Developer, its successors or assigns, prior to installation. Developer retains the right to erect and maintain said wells on Lots and Common Areas. Developer shall abandon any of the said wells per North Carolina code rules if said well impedes lot owner from construction or from receiving a certificate of occupancy on said lot. Section 19.Off-Street Parkins. Adequate off-street parking shall be provided by the Lot Owner herein for the parking of automobiles or other vehicles owned by the Owner and the Owner agrees not to park his automobile or other vehicles on the streets or Common Areas to the Subdivision. No travel traders, campers or other habitable motor vehicles of any kind, whether self-propelled or not, school buses, trucks, or commercial vehicles, or boat trailers or boats shall be kept, stored or parked overnight, either on any Common Area, specifically including streets, or any Lot, except within enclosed approved garages or sheltered from view from neighboring Lots, or Common Areas or as otherwise permitted herein. The Architectural Review Board must approve any boat or camper to be housed on the property, outside of the garage. Section 20Exclusion of Street Curbs and Sidewalks. All streets within the Subdivision are to be paved and sidewalks are to be constructed along the streets. No additional sidewalks may be constructed without prior written approval of the developer or the Association. Section 21. Nothing in this Declaration shall be construed to prohibit the Association from constructing, operating and maintaining a facility for use as its office and headquarters, for the benefit of the Association and its Members. Section_22. Once construction of improvements is started on any Lot, the improvements must be substantially completed within six (6) months from commencement. Segtion 23. All structures constructed or placed on any Lot shall be built of substantially new material and no used structures shall be relocated or placed on any such Lot. Section 24. No animals or livestock of any description, except the usual household pets, shall be kept on any Lot. No pet shall be allowed which shall produce any noise or odor objectionable to any other Owner, nor shall any pet be allowed on any Common Area unless under the direct control of an Owner. No Owner shall breed or maintain pets on the Lots for commercial purposes. All dogs and cats must be kept on a leash or within yard fences when outdoors. Section 25. No stripped, partially wrecked, or junk motor vehicle or part thereof, shall be permitted to be parked or kept on any street or Lot. All vehicles kept in the development must be currently registered and licensed with the appropriate state authority. Section 26. No trash, ashes, garbage or other refuse shall be dumped, stored, accumulated or permitted to remain on any Lot for a period of more than fifteen (15) days. Section 27. All drainage ditches outlining the perimeter of the property shall be properly maintained by the Owner. In the case of any Lot along which such a drainage ditch runs, no budding or structure shall be built within 9 feet of the property line (i.e., 4 feet from the drainage easement). 14 This is a true and accurate -i v�rfdwty Register of Deeds office. ITEM: 13- 11 - 41 Section 28. Fences which are to be placed in the front of homes must receive prior approval from the Developer. No fence shall be placed within 25 feet from the front setback line. In no event shall any chain -link or cyclone fence be permitted. All fences constructed on Lots must be approved by the Architectural Review Board prior to installation. Section 29. All Owners' drives and parking spaces must be paved and each paved parking area for a two -car garage must be at least 16 by 25 feet and each paved parking area for a single -car garage must be at least 8 by 25 feet. Section 30. All gardens must be well kept and properly cultivated so as not to be unsightly. All vegetable gardens must be in the rear of the property. Section 1. There shall be no access to any Lot on the perimeter of the Subdivision except from designated roads within the Subdivision. Section 32. Each Lot Owner shall provide a paved area for parking two (2) automobiles off the street prior to the occupancy of any dwelling constructed on said Lot. Section 33. The ownership of the recreational amenities, if any, within the property shall be in the Association or its successors, grantees, or assigns and the use and enjoyment thereof shall be on such terms and conditions as the Association, its successors, grantees or assigns, shall from time to time prescnbe. Section 34. Each such grantee also agrees, by such acceptance, to assume all the risks and hazards of ownership or occupancy attendant to the ownership of such Lot, including but not limited to, its proximity to any recreational facility or Common Area. Section 35. Without Developer's prior written consent, no tree which exceeds four Inches (4n) in diameter and ten feet (101 In height shall be cut, removed or intentionally damaged on any Lot or Common Area, unless such tree interferes with the construction or safe maintenance of improvements on such Lot or Common Area or unless such tree is diseased or dead. The Owner of any Lot upon which a violation of this restriction occurs agrees to promptly (within 30 days after notice) replace such tree with a tree of comparable size. Section 36. Without Developer's written consent being first obtained, only the following materials may be used in the exterior construction of residences in the Subdivision: (a) Cedar, fir, pine, redwood, spruce, weathered wood, standard vinyl siding, stucco, stone or brick veneer. Foundations must be built of brick, stucco, concrete, stone or block. All foundation specifications must meet with county approval. (b) For the roofs of residences in the Subdivision, only architecture fiberglass three tab shingles or timberline shingles may be used. Shingles must be rated as 25 year shingles or better. No metal or rolled roofing may be used. (c) No matenal may be left unpainted or unpreserved. All colors must be approved by the Developer or, after all lots are sold, by the architectural review board. Section 37. Signs are prohibited on any Lot with the following exceptions: 15 This is a true and accurate r aaeff6pgMlftpl&V Ii qgv,f r2�2my Register of Deeds office. ITEM: 13- 11 - 42 (a) Temporary "for sale" signs or signs indicating the name of a contractor only (not subcontractors) during the period of sale or construction only, provided the sign does not exceed sixteen (16) square feet in size. (b) Address numerals or letters not to exceed six inches (6") in height. Provided however, that nothing herein contained shall prevent the Developer from creating and maintaining sales and marketing signs in Common Areas. (c) Real Estate "For Sale" Signs on resale homes shall not be allowed for a minimum of 4 years from the sale of he first home sites. 5ection 38. No property owner or individual shall alter in any way any common property or Common Area (except with the written permission of the Association provided that such activity is required for the benefit of the Association or the Subdivision as a whole). Sectign. 39. Pools, spas, Jacuzzis, and hot tubs may be allowed on individual lots with approval of the Architectural Review Board. In no event at any time may any above ground pools be placed on lots. Section 40. Approved Builders. Any company building a home in the development must be an approved builder or have the approval of the Developer. Section 41. No use of any non -street -legal motorcycles or mini -bikes or "go-karts" shall be permitted in the Development at any time. Section 42. No commercial vehicles shall be parked on any lot or any common area. This shall not exclude commercial vehicles in the course of business from parking in the development. However, no resident shall be allowed to park his/her commercial vehicle in the Development without approval by the HOA. Section 43. Use of Recreational Amenities. All rules for use of the Pool, Clubhouse and any other recreational amenities shall be adhered to. Violation of said rules shall result in loss of access for a period of time to be set by the Board of Directors. Such loss of access shall not result in reduction of annual assessment due. ection 44. Individual Si2ecific Assessments Any expenses incurred by the Association or the Declarant because of the actions of one or more Owners or occupants of a Dwelling Unit, or because of their failure to act, and with respect to which such expenses are chargeable thereto and recoverable there from pursuant to any provision of this Declaration, and any fines as may be imposed against an Owner in accordance with this Declaration or the Bylaws will be specially assessed as a Specific Assessment against each such Owner and the Owner's Unit. ARTICLE IX Restrictions Upon Use and Size of Structures Sectio_g 1. All Lots, except those reserved by the Developer or designated as a Common Area, shall be used for single family residential purposes only. No mobile and/or prefabricated homes shall be placed upon said Lots. No structure shall be erected, placed or permitted to remain on any Lot other than one single family residence dwelling. 16 This is a true and accurate c6 PWAft Miftol I I �v�r my Register of Deeds office. ITEM: 13- 11 - 43 $ection 2. No residential dwelling on any Lot shall be constructed on any Lot which has a fully enclosed floor area of the main structure devoted to living purposes (exclusive of roofed or unroofed porches, decks, terraces, garages and carports) of less than 1800 square feet. Segtion 3. No dwelling or structure of any kind shall be erected on any Lot nearer than Twenty five feet (25') to the front property line of the Lot, Five feet (5') to the adjacent Lot on either side of the Lot including all roof overhangs or other areas overhanging the foundation, twenty feet (20') to the rear property line of the lot, provided, however that erection of dwellings and structures comply with applicable New Hanover County code and, further provided, that no such dwelling or structure shall be erected within the right-of-way of any public utilities, and provided, further, that the requirements of this paragraph may be released in whole or in part by the Developer, its successors and assigns, in its sole discretion in the cases that would otherwise work a hardship upon Lot Owners or would result in substantial damage to one or more natural features of the Lot. Section 4. Each lot will have a maximum built upon surface area in accordance with governmental restrictions. The maximum amount of impervious surface for each lot shall be as follows: (final area to be determined) No more than 4,350 square feet on each lot and no more than 28,000 square feet of the Amenity shall be covered by structure and/or paved surfaces, including walkways or patios of brick, stone, slate of similar material. This shall not include open wooden decks, stairs or walkways. Developer may increase or decrease said restrictions on any lot or the Amenity as Developer sees fit and by any allowable method. ARTICLE X General Provision S c ion 1. EnforcerrigntL The Association, or any Owner, or the Developer, shall have the right to enforce by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2. Severability. invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. Section 3. Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, through June of the year 2022, after which time they shall be automatically extended for successive periods of ten (10) years. This Declaration may be amended during the first twenty (20) year period by an instrument signed by not less than ninety percent (90%) of the Lot Owners, and thereafter by an instrument signed by not less than seventy-five percent (75%) of the Lot Owners. Any amendment must be recorded in the same manner and location as required for the recording of deeds in New Hanover County. Section 4. Annexation. Additional residential property and Common Areas may be annexed to the Properties in the absolute and sole discretion of the Developer, its 17 This is a true and accurate �ha�l iif roi� jijWvg'rfdNntY Register of Deeds office. ITEM: 13- 11 - 44 successors and assigns or with the consent of two-thirds (2/3) of each class of members, and with the consent of the Owners of the additional property proposed to be annexed. Se i n _5, Each of the streets in the Subdivision now or hereafter designated on any plat is a private street, and every park, stream, body of water, common area, recreational facility, and other amenity within the Subdivision is a private park, facility or amenity and neither the Developer's recording of any such plat nor any other act of the Developer with respect to the property is, or is intended to be, or shall be construed, as a dedication to the public of any said street, park, common area, recreational facility and amenity other than as reflected therein. An easement for the use and enjoyment of each of said streets and areas designated as parks is reserved to the Developer, its successors and assigns, to the persons who are, from time to time, members of the Association; to the members and Owners of any recreational facility; and to the residents, tenants and occupants of any residential buildings and all other kinds of residential structures that may be erected within the boundaries of the Subdivision and any additional property that may be annexed as provided above and to the invitees of all the aforementioned persons; the use of which shall be subject to such rules and regulations as may be prescribed by the Association, if the Association is the owner of the facility or property involved. The Developer may at any time dedicate the streets to a public authority if it so desires or decide to not dedicate streets. Section 6. It is agreed that time is of the essence with regard to these restrictions, covenants, limitations and conditions. Section L In the event of a violation or breach of any of these restrictions by any Owner, or agent of such Owner, the Owners of Lots in the Subdivision, or any of them, jointly or severally, shall have the right to proceed at law or in equity to compel a compliance with the terms hereof or to prevent the violation or breach in any event. In addition to the foregoing, the Developer, its successors and assigns, shall have the right, whenever there shall have been built on any Lot in the Subdivision a structure which is In violation of these restrictions, to enter upon the property where such violation exists and summarily abate or remove the same at the expense of the Owner, if after thirty (30) days written notice of such violation, it shall not have been corrected by the Owner. The Association is hereby granted a perpetual easement across each Lot for the purposes of carrying out its responsibilities under this Section, and any such entry and abatement or removal shall not be deemed a waiver of the rights to do so hereafter as to the same breach or as to a breach occurring prior or subsequent thereto and shall not bar or affect its enforcement. Should Developer employ counsel to enforce any of the foregoing covenants, conditions, reservations or restrictions, because of a breach of the same, all costs incurred in such enforcement, including a reasonable fee for Developer's counsel, shall be paid by the Owner of such Lot or Lots in breach thereof. Section S. The Developer herein shall not in any way or manner be liable or responsible for any violation of these restrictions by any person other than itself. Section 9. In the event that any of the provisions hereof are declared void by a court of competent jurisdiction by reason of the period of time herein stated for which the same shall be effective, then in that event such term shall be reduced to a period of time which shall not violate the rule against perpetuities or any other law of the State of North Carolina, and such provision shall be fully effective for said reduced period of time. Section 10. The covenants, conditions, reservations and restrictions herein contained may be altered, modified, supplemented or amended in any way by an instrument in writing signed by two-thirds (2/3) of the then Lot Owners, provided, however, 18 This is a true and accurate Register of Deeds office. ITEM: 13- 11 - 45 any such change shall apply to all Lots equally or shall be less restrictive than this instrument if it applies to less than all Lots. Provided, further, that all property rights reserved to Developer shall continue forever to Developer, its successors and assigns, except as otherwise provided herein, and, as provided in Article III, Section 2, hereof, the obligation for maintenance and repair of the Common Areas may not be eliminated or substantially impaired thereby. IN WITNESS WHEREOF, the Developer has executed this Declaration this "7 �Aday of , �A ck _,146tr. 9L0 l3 E85 Transport, LLC. _ f l x-- 2 l W t-n?-- Me er/Manager /�^ STATE OF N�-ORRTH CAROLINA COUNTY OF ► 1MR I, S. l i P S a'n k» , a Notary Public of the state and county aforesaid, do hereby cdrtify that -- er e% , personally appeared before me this day and acknowledged that _he is a Member/Manager of E85 Transport, LLC, a North Carolina limited liability company and that by authority duly given and as the act of such entity, he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and seal, this the l day of 2044. <-� A" 1-1 �.e Notary Public Sgy S C,e..! e goy ►� � My commission expires: _ Z 1- 201 $ a - #07ARr •' ' i s•� • • �:•�°t1®LAG ; z �..OVEIt C0_,,,►� 19 This is a true and accurate (i5WAfftpli�fOWYiMgvgr:fdNnty Register of Deeds office. ITEM: 13- 11 - 46 -7� D N R „ i�4!!lnnen FUR REGISTENNIRp7iON REGI6TER OF DEEDS SH NEti1 Miif,10VER COUNTY NC RK 5649 PG 1801404 FEE $3 00 NC REV STAMP $2,0 00 1NSI MEIN 1MEN NORTH CAROLINA SPECIAL WARRANTY DEED Excise Tax $2.000,QO This flood was prepared by Fast Tray 3PE, LLC, 340 Commerce Ave ,Ste 17H, Southern Pines, NC 28387 Matt at, recordingto- VSefL PARCEL ID. R07900-003-055- NO OPIMON ON TITLE REQUESTED OR GIVEN THIS DEED made this day of May, 2012, by and between R MI" !'M T0: )EMNLY V1. 12310 GRANTOR: FIRST TROY SPE, LLC A North Carohm Limited Liability Company 341 North Main St Troy, NC 27371 And GRANTEE: E 85 TRANSPORT, LLC A North Carolina Limited Liability Company 905 Blenheim Dr, Raleigh, NC 27612 The deognatton Grantor and Grantee as used herein shall Include said parties, their heirs, successors, and assigns, and shall include singular. plural, masculine, feminine or neuter as required by context WITNESSETH, that the Grantor, for a valuable consideration paid by the Graotee, the receipt of which is hereby acknowledged, has and by these presents does Rant, bargain, scH and convey unto the Grantee in fee simple. all that owtam lot or pmcd of land uftuded in the City of Wilmington, County of New Hanover, North Carolina and more particularly described as follows - SEE ATTACHED EXMIT A This is property described in two Deeds of Trust executed by Cypress Grove Land, LLC The Deeds of Trust were foreclosed (see 10 SP 95, New Hanover County) The property hercinabove described was acquired by Grantor by instrument recorded in Book $490, Page 1563, New Hanover County Registry This is a true and accurate (gWcp8ffft4j i jya%W-HjNgV'r 2Vnty Register of Deeds office. ITEM: 13- 11 - 47 All or a portion of the property herein conveyed does not include the primary residence of the Grantor TO HAVE AND TO HOLD the aforesaid lot or parcel of Land and all privileges and appurtenances thereto belonging to the Grantee m fee simple And the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor wial warrant and defend the title against the lawful claims of all persons claiming by, under or d=gb Grantor, except for the eaceeptions heranafter stated 1. Easements, Rights of Wry, Restrictions and Encumbranea of record. IN WITNESS WIIERBOF, the Grantor has caused this instrument to be executed m its company name by its duly authorized Vice President the day and year first above wntten FIRS T Y SPE, LLC BY (SEAL) P SEITZ, M NORTH CAROLINA, COUNTY I, 64a Notary Pubhe of the County and State aforesaid do hereby certify that NMW for ]FIRST ROY SPE, LLC, a North Carolina Limited Liability Company, personally appeared before me this day and wJmowledged the due execution of the foregoing mskmment for the purposes therem cgx=sod bang authorized to do so on behalf of the company Witness my hand and official stamp or seal, this a-ty of May, 2012 (SEAL) SEAL rev N he N0v'1�� � rCrrdtia My Co ssion s This is a true and accurate Register of Deeds office. ITEM: 13- 11 - 48 1;199= "A" L"M Eton All of Tract `BC", ju shown upon that map recorded in elan New Hanover County R40y in Map Book 33 at Page 227, aid map being mdded "Boundary Surrey for Mervin H. Conoeft and w1k C ardye. NOTE: A pwdon of the &bove tract, which portion is shown upon that map recorded in :aid Registry in Map Book 32 at Page 358, has been used as a demolition landfill, pwm ant to a permit retarded in said Registry in Book 1605 at Pap 1644. SAVING AND EXCEPTING 72M FOLLOWING PORTION OF SAID PROPERTY) WHICH HAS BEEN QUITCLAV"D OVER TO MARVIN S. CONGLETON AND WIFE, CAROLYN R. CONGLETON. A boundary line between two parcels of land ]mown as Tract "A" as shown out the map recorded in the New Hanover County R* tear of Deeds Office in Map Book 24 at Page 127 on the east and Tract "BC" as shown on the map recorded in tie New H nover County Register of Deeds Office in Map Book 33 at Page 227 on die west; said pacers located in Federal Point Township, New Hanover County, North Carolina; said boundary liras being more particularly described as follows: 13egdWng at a No. 5 rebar set on the northedy prop" line of Tract "BC" located north 60° 15' 5V west a distance of 25.30 feet from the northest corner of said Tract OW; and reba also best located north 52°02'45" wet a distance of 1438.24 feet diem 4 conatete montu neat loodod, at the c aiariine of Lieutmtettt Conglzift hoed st its watwly teminw as shown on errs map entitled "Big Cypress Farms - Sealer 1" mul recorded in the Now Hanover County Register of Dads Office in Map Book 27 at Page 186; Theme south I r35148" west from said point of beginning, through Tract "BC' and along the center of is d< hwp ditch a distance of 1102.43 fad to a No. 5 mbar; Tbence south 15048'47" was continuing though Tract "BC" a distance of 794.99 feet to as iron rod ibumd at the soutihes aWy corner of Tract "BC"; said iron red belmS the tesmind point of the boundary tine. This is a true and accurate 4%jr@ iRj#MbW fyURvVrfgnty Register of Deeds office. ITEM: 13- 11 - 49 O�NiYe C t 0� U p Ism7l),5� JENNIFER H MACNEISH REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 kfNIAN/MlttfiiM�M�N1MtMMtlfltMHlNlf*MRNMltlftfMiffik*1Mf HRM1t1MiNittiflHNHtfHfitfftittfrlkiKi+kf k Filed For Registration- 061211201212:42:10 PM Book: RE $649 Page: 18014804 Document No • 2012020720 4 PGS $26.00 NC REAL ESTATE EXCISE TAX: $2,000.00 Recorder: CROSWELL, ANDREA State of North Carolina, County of Now Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. *2012020720* 2012020720 This is a true and accurate c0raf`fniAi%jb%9 -Hj vpr�gQgnty Register of Deeds office. ITEM: 13- 11 - 50 3 FOW of WEDS mwmovpm eowrr row 3�6 Jul 11 �2.51�1 PE BE4984 PG•733-i36 fEE� � PrgwW by J C Heaiae. H 265 Racue Drive. Su to 104 WilmuQtoo, NC 2M Rchou to J C Heamne, U Excue Tax, $0 00 Paperer of thn document hu made no title Wommmahoa and maim no represcamion or oaUSanons err to Bay mattes offacbmmg twe Parcel ID R07900a-V039J000 petered By STATE OF NORTH CAROLINA And Returned COUNTY OF NEW HANOVER To: JC Hearne, #I •' QUTTCLADA DEED THIS QUITCLAIIVI DEED, made and entered into this the -'Sd day of December, 2005 by and between Marvin H. Congkton, II and wife Mary M Congl tor, and Thoom R. Coigiaton and wife Julie R, CongWon, hcremider tailed Grantor, and, Marvin H. Congleton, Sr. and wife Carolyn R. CongWn, of 235 WiWans Road, Wilmington, North Carolina 28409, hereinafter called Grantee WiTNESSETH- That sand Grantor, forand in constdetation ofthe sum ofTen ($10 00) Dollars to himm hand paid, the receipt of which is hereby acknowledged, has remasW and released and by those presets does ramie, rdeaae, convey and forever qustelatm unto the Grantee and his hers and/or Wx=ssors and assign all right, title, claim, and interest of the Grantor m and to a certain tract or parcel of land lying and bang m New Hanover County, State of North Carolina, and more particularly described as follows. A boundary here between two parcels of land known as Tract "A" as shown on the map recorded in theNew HanoverCounty Regiatcr ofDeeds Office in Map Book 24 at Page 127 on the east and Tract "BC" as shown on the map recorded in the New Hanover County Register of Doods Office m Map Book 33 at Page 227 on the west; aad parcels located in Federal Point Township, New Hanover County, North Carohna; said boundary line being more particularly described as follows: Begirming at a No. 5 rebar act on the northerly property line of Tract "BC" located north 60° 15' 50" west a distance of 25 30 fed fium the northeast tinnier of said Tract "BC", said rebar also being located north 52002'45" wart a distance of 1438.24 fed from a concrete monument located at the centerlme of Lreutcaent Congleton Road at its westerly termm is as shown on the map eithtled "Big Cypress Farms - Section 1" and recorded in the New Hanover County Register of Deeds Office in Map Book 27 at Page 186; Thence south 18035'48" west from said point of bcgn nm& through Trent "BC" and along the center of a drainage ditch a distance of 1102.43 feet to a No. 5 rebar; Thence south 15°48'47" west continuing through Tmct'SC" a distance of794.88 fed to an tron rod found at the southeasterly corner of Tract "BC"; said iron rod being the terminal point of the boundary him TO HAVE AND TO HOLD the aforesaid tract or parcel of laud and all privileges thereinto belonging to hum, the Grantee and his hetre and/or suoomsors and assigns, free and discharged from This is a true and accurate , g24nry ttegister of Deeds office. ITEM: 13- 11 - 51 all nght, title, clamr or interest of Grantor or anyone chaining by, d murgb, or wider her. The Designation Grantor and Grantee as used herein shall include said parties. their heirs, successors. and amps, and shall include singular, plural, masculine, fenrmine orneuter as required by context IN WITNESS WHEREOF, the Grantorbas hereunto set his hand and seal, or rfeorporate has caused tbrs instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written �h. SEAL) kuvi H. Coagieton, -._(SEAL) Mary B. Congletot STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER 1, allotary Public ofthe Countyof New Hanover, State of North Camhns do bereby certify that Marvin H. Cosoetoa,11 personally appeared before me this day and aclnwwledged the due execution ofthe foregoing metrurnent. Witness my had and official seal this day of Docember, 2005. Notary Public My Commission Expires STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER LallotWPubhcoftheCountyofNewHanovar, StateofNorthCarolina,dohereby certify that Mary B. Congletoa persm ally appeared before me this day and admowledged the due execution of the forgoing Instrument. Witness my hand and official seal this — '%0 day of December, 2005 J My Comm mon Expires: This is a true and accurate cpf3if&Mpit�fbj -HjWvprA24nty Register of Deeds office. ITEM: 13- 11 - 52 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, a NotaryPublic ofthe County ofNew Hanover, State of North Carolina, do heresy catify that Thoma: R. Congieton Personally appeared before me this day and acknowledged the dire execution of the for ping instrument Witness my hand and official seal this 30 day of Deoember, 2005 NotaryPublic My Commission Expires I 1 A'S /-1-00 —7 PROVINCE OF 0MARI4 CITY OF PICKERING I, a Notary public ofthe City ofPtckmmg, Province of Ontario, do hereby certify that Joffe R Coiigtetoa personally appeared before me this day and acknowi!edpd the due execution of the foregoing instrument Witaem my hand and official seal this —Z t— day ofAWM ', 200 6 . My Coln masion Expimr AMf IMW eAAWIAW NotaryPublic IriN�/INy�yi (ONotary Seal)' r y� GEORGE D. WRIGHT BarNster d So�kYtor 543 KINGSTON ROAD WEST, "• i� , d �'•+•... •• 4 AJAX. ONTARIO LIS 8M1 YM 'This is a true and accurate @W(p5frdizMmjjmbPW4 Jjwrwmxr g 14nty Register of Deeds office. ITEM: 13- 11 - 53 REBECCA P. SMITH REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28441 Filed For Registration: 01M 112006 02.54:11 PM Book: RE 4964 Page: 733-739 Document No.: 2006001785 QCD 4 PGS $20.00 Recorcler: NELSON, JACQUELINE State of North Carolina, County of New Hanauer YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT. PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING. *2006001785* 2006001785 e cajWazf& himdwNew j'gtiwnty Register of Deeds office. ITEM: 13- 11 - 54 0�NTY. dry TAMMY THEUSCH BEASLEY REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 Filed For Registration: 03107/2013 03:15:09 PM Book: RE 5717 Page, 2845-2872 Document No.. 2013008269 28 PGS $74.00 Recorder- JOHNSON, CAROLYN State of North Carolina, County of New Hanover PLEASE RETAIN YELLOW TRAILER !PAGE WITH ORIGINAL DOCUMENT. *2013008269* 2013008269 This is a true and accurate gr(p5f`ct4 Mithjb W-HAn@Wr�gQlfnty Register of Deeds office. ITEM: 13- 11 - 55 AFFIDAVIT North Carolina County of C_ � -\-) L._L_C-. Name appearing before the undersigned notary and being duly Name of principalQ sworn, says that: IM 2. Sworn to (or affirmed) and subscribed before me this theAday of 12007.4 (Official Seal) MICHELLE A O'BRIEN NOTARY PUBLIC New Hanover County North Carolina My Commission Expires February 9, 2028 Official Signature of Notary C-VNtlIe����"gWotary Public Notary's printed or typed name My commission expires: a Z a Z D OPTIONAL This certificate is attached to a �� -h �� signed by w-aR -- } Titl&/ pe ofDocumeni Name of Principal Stgne V on �' d�"Ot , and includes ata pages. Date # of pages Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 56 5/28/24,1 Q:25 PM Petition • Reject the Special Use Permit for High Density Housing in Low Density Neighborhoods - Wilmington, United States • C... change.org Petition Strength Start an Image test Upload a few images and well find the Good one driving the most signatures. Smart Image test Vr- Reject the Special Use Permit for High Density Housing in Low Density Neighborhoods Started April 28, 2024 Petition to Developer HD LLC and 3 others 884 Signatures ® Support now Share this petition Why this petition matters Started by Samantha Bunge Media Inquiries 1,000 Next Goal We are residents of Battle Park, Tarin Woods, Covington and Congleton Farms, as well as adjacent communities in Wilmington, NC. Many of us moved into these single-family home communities seeking peace and quiet. We valued the safety it offered our children to play and travel freely within the neighborhood. The ease of movement throughout our community, the use of amenities tailored to our small community sizes, and the beautiful trees that contribute to a natural aesthetic were all factors that drew us here. https://www.change.org/p/reject-the-special-use-permit-MeWgb-db i Rhoisigi-goefkDw,bneit�,nZ orhoods ITEM: 13- 11 - 57 1/13 5/28/24, 10:25 PM Petition • Reject the Special Use Permit for High Density Housing in Low Density Neighborhoods - Wilmington, United States • G._. Now we face a threat to this tranquility with a Special Use Permit application that would allow developers to introduce high density multi -family housing into our low density residential neighborhoods, This is not consistent with what we desire nor is it consistent with the aesthetic and character of these communities Our area is already overburdened without proper infrastructure in place to support such development. The addition of too many units onto an already suffering highway system will be detrimental. According to data from North Carolina Department of Transportation (NCDOT), traffic congestion has been increasing steadily over recent years due largely to population growth outpacing infrastructure improvements. We're deeply concerned about the proposed increase in impervious surfaces in an area previously classified as wetland and largely still designated as Class N Pamlico soil. As a coastal community vulnerable to severe weather, including major hurricanes, we're particularly worried about drainage issues and access to evacuation routes. The existing development within Tarin Woods already suffers from unresolved drainage problems, impacting our land, roads, and the properties of numerous homeowners. Despite being aware of these issues, the developers have been unresponsive, even though they are legally responsible for the affected roads and common areas. The developers have attempted to rezone this property (along with other adjacent properties) five times since 2018, but were ultimately denied each time. Now, they're requesting an even greater density than before, using this Special Use Permit as a workaround to the rezoning process. The Board of Commissioners must not approve this project, as it would set a precedent for developers to misuse Special Use Permits to seek increased residential density in unsuitable areas We urge the New Hanover County Board of Commissioners to not only consider this data but also listen closely to those who live here daily -those who understand first-hand what these changes mean for their quality of life. We ask you stand with us in opposing this Special Use Permit application and preserve the character and integrity of our neighborhoods. Please sign this petition today! Share this petition in person or use the QR code for your own material. Download QR Code p Re a pv elation Media Resources ® Support now Share this petition Supporter Map if i Aerhe hardens Leland 9e�tih R alion[awr Town Creek ` Wmnabow f st»:wra Ki half We, goilinIJ Map data 02024 Googte Report a map error https://www.change.org/p/reject-the-special-use-permit-IBOW04*% iWieaw-i &n ity,r'4QjUorhoods ITEM: 13- 11 - 58 2/13 5/28/24, 10:25 PM Petition • Reject the Special Use Permit for High Density Housing in Low Density Neighborhoods - Wilmington, United States • C.. _ How useful do you find this map for the Give €eedhac petition? 68% of supporters come from this area. Top zip code(s) with the most supporters: 28412, 28409, 28403 Decision Makers HD LLC Developer © Awaiting response (30 days since petition creation) bJames Yopp Developer © Awaiting response (30 days since petition creation) New Hanover County Board of Commissioners © Awaiting response (30 days since petition creation' 0 New Hanover County Planning Board © Awaiting response (30 days since petition creation) t. ® support now l Support Change - Become a Member Today Not beholden to politics or power brokers, Change.org is free for people everywhere to make change. Every day #ts �Z5 #50 there are real victories for issues you care about, only possible because we are 100% funded by everyday people #too other like you. Will you stand with us to protect the power of everyday ( 1 people to make a difference? Pay with credit card or Pby_ Updates Keep your supporters engaged with a news update. Every update you post will be sent as a separate email to signers of your petition, https://www.change.org/p/reject-the-special-use-permit-TiSphgn 7Ye7fs4{yi fi��girlsJ�it r 0Ajorhoods 3/13 Name City State Postal Code Country Signed On Samantha Bungi Wilmington NC US 2024-04-28 Angie tew Wilmington NC 28412 US 2024-04-28 Dan Fuhrmann Wilmington NC 28412 US 2024-04-28 Jaime Hunt Wilmington NC 28405 US 2024-04-28 Makila Phipps Wilmington NC 28409 US 2024-04-28 Shawn Bunge Wilmington NC 28409 US 2024-04-28 Vivian Radecsky Wilmington NC 28412 US 2024-04-28 Gannon Ward Wilmington NC 28412 US 2024-04-29 Catherine Pastoi Wilmington INC 28405 US 2024-04-29 Jessica Hughes Wilmington INC 28412 US 2024-04-29 Rebecca Ward Wilmington NC 28409 US 2024-04-29 Carol McGowan Wilmington INC 28409 US 2024-04-29 Richard MCGow, Wilmington NC 28409 US 2024-04-29 D Gayle Tabor Wilmington NC 28409 US 2024-04-29 Rachel Christen: Wilmington INC 28412 US 2024-04-29 Jill Stephend Wilmington INC 28412 US 2024-04-29 Ben Ashba Wilmington INC 28412 US 2024-04-29 Kim Mintz Wilmington NC 28412 US 2024-04-29 Karen Cassidy Wilmington NC 28412 US 2024-04-29 Jane McCall Wilmington NC 28409 US 2024-04-29 Kendra Bentley Leland NC 28451 US 2024-04-29 Joseph Hough Wilmington NC 28412 US 2024-04-29 Barbara Sutton Wilmington INC 28409 US 2024-04-29 Amber Andersor Wilmington NC 28409 US 2024-04-29 Jennifer Shipp Wilmington NC 28409 US 2024-04-29 Shannon Roger. Saco ME 4072 US 2024-04-29 Jon Inwood Brooklyn NY 11226 US 2024-04-29 Cynthia Orlovsk5 Wilmington NC 28409 US 2024-04-29 Gannon Ward Charlotte NC 28269 US 2024-04-29 Carris Loomis Wilmington NC 28412 US 2024-04-29 Susan Mailey Wilmington NC 28409 US 2024-04-29 Adam Peeler Wilmington NC 28409 US 2024-04-29 Hilary Pedersen Wilmington NC 28412 US 2024-04-29 Luise Phifer Wilmington NC 28412 US 2024-04-29 Sally Galyean Wilmington NC 28412 US 2024-04-29 Adam Brinsley Wilmington NC 28412 US 2024-04-29 Jonathan Malley Wilmington NC 28412 US 2024-04-29 Adam Brown Wilmington NC 28412 US 2024-04-29 Tiffany Head Wilmington NC 28412 US 2024-04-29 Jeffrey Holmes Wilmington NC 28412 US 2024-04-29 Sally Petermann Wilmington INC 28409 US 20244)4-29 Lisa Brown Wilmington NC 28412 US 2024-04-29 Board of Commissioners - June 3, 2024 — ITEM: 13- 11 - 60 Daniel Anderson Wilmington NC 28409 US 2024-04-29 Samantha Callas Raleigh NC 27610 US 2024-04-29 Debra Dingee Wilmington NC 28411 US 2024-04-29 Ted Glackin Wilmington NC 28409 US 2024-04-29 Rita Hertzog Wilmington NC 28412 US 2024-04-29 Brittany Brooks Wilmington NC 28412 US 2024-04-29 Melinda Carlson Wilmington NC 28403 US 2024-04-29 Amy LeSane Wilmington NC 28411 US 2024-04-29 Robert Boldt Wilmington NC 28405 US 2024-04-29 Eric Carden Wilmington NC 28412 US 2024-04-29 Candace Burges Wilmington NC 28412 US 2024-04-29 Carolyn Glaser Carolina Beach NC 28428 US 2024-04-29 Danielle Keys Wilmington NC 28412 US 2024-04-29 Donna McNaugl- Wilmington NC 28412 US 2024-04-29 Jason Cook Wilmington NC 28409 US 2024-04-29 Gabe Branch Wilmington NC 28409 US 2024-04-29 John Radecsky Wilmington NC 28412 US 2024-04-29 Sarah Becton Wilmington NC 28409 US 2024-04-29 Joshua Astin Wilmington NC 28409 US 2024-04-29 Susan Pence Wilmington NC 28409 US 2024-04-29 Melissa Woehr Wilmington NC 28409 US 2024-04-29 Tim Kutta Wilmington NC 28409 US 2024-04-29 Bruce Benney Wilmington NC 28409 US 2024-04-29 Donna Franzen Wilmington NC 28403 US 2024-04-29 Lee Rochelle Charlotte NC 28202 US 2024-04-29 Sarah Gilbert Wilmington NC 28412 US 2024-04-29 Christina Ducher Wilmington NC 28409 US 2024-04-29 Daniel Stark Wilmington NC 28409 US 2024-04-29 Kellie McDade Wilmington NC 28403 US 2024-04-29 Amy Leardo Wilmington NC 28409 US 2024-04-29 Pinckney Love . Wilmington NC 28409 US 2024-04-29 Jon Johnson Wilmington NC 28412 US 2024-04-29 Gabbard Julie Wilmington NC 28409 US 2024-04-29 Keith Smiley Charlotte NC 28412 US 2024-04-29 Billie Piner Wilmington NC 28409 US 2024-04-29 Stacy Webb Wilmington NC 28409 US 2024434-29 Jennifer Sarabh,, Wilmington NC 28412 US 2024-04-29 James Morton Charlotte NC 28214 US 2024-04-29 Tracey Eavensoi Wilmington NC 28409 US 2024-04-29 Gabriel L Saint Charles IL 60174 US 2024-04-29 Jack Wissman Wilmington NC 28409 US 2024-04-29 Jessica Wold Wilmington NC 28409 US 2024-04-29 Jennifer Wissma Wilmington NC 28409 US 2024-04-29 Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 61 Meredith Schulte Wilmington NC 28409 US 2024-04-29 Angie Rowe Wilmington NC 28412 US 2024-04-29 Anne Sokol Wilmington NC 28403 US 2024-04-29 Barbara Hough Wilmington NC 28409 US 2024-04-29 Patti Knauf Wilmington NC 28409 US 2024-04-29 Mark Bracken Wilmington NC 28412 US 2024-04-29 Katherine Mitche Wilmington NC 28412 US 2024-04-29 Kate Walker Wilmington NC 28412 US 2024-04-29 Jacqueline Simn Wilmington NC 28412 US 2024-04-29 Angie Forbes Raleigh NC 27610 US 2024-04-29 Kathryn Parkins( Wilmington NC 28412 US 2024-04-29 Michele Edward: Wilmington NC 28412 US 2024-04-29 Andrew Reyes Wilmington NC 28412 US 2024-04-29 Michelle Bliese Wilmington NC 28409 US 2024-04-29 Heather Ashworl Wilmington NC 28409 US 2024-04-29 Carol Sibley Wilmington NC 28412 US 2024-04-29 Samantha RignE Wilmington NC 28409 US 2024-04-29 Jessica Cremer Wilmington NC 28409 US 2024-04-29 Kevin Barlow Wilmington NC 28412 US 2024-04-29 Schaum Hunt Wilmington NC 28401 US 2024-04-29 Christy Borst Wilmington NC 28409 US 2024-04-29 Janelle Livermar Wilmington NC 28409 US 2024-04-29 Meghan Kuemer Wilmington NC 28409 US 2024-04-29 Constance Robh Wilmington NC 28412 US 2024-04-29 Bob Cook Wilmington NC 28412 US 2024-04-29 Kelly Baker Wilmington NC 28403 US 2024-04-29 tiffany norman Wilmington NC 28412 US 2024-04-29 Sara Mussender Carolina Beach NC 28428 US 2024-04-29 Trish Fusselman Wilmington NC 28412 US 2024-04-29 Wanda Faulk Wilmington NC 28405 US 2024-04-29 Glen Stull Wilmington NC 28412 US 2024-04-29 Betty Hinnant Wilmington NC 28409 US 2024-04-29 Mark A Preston Wilmington NC 28412 US 2024-04-29 Craig Cantler Raleigh NC 27610 US 2024-04-29 Ted Riggs Wilmington NC 28409 US 2024-04-29 Jolea Myles Wilmington NC 28409 US 2024-04-30 Kinsey Neitherla Cuero TX 77954 US 2024-04-30 Ann Stanley Wilmington NC 28409 US 2024-04-30 Jessica Troutma Wilmington NC 28412 US 2024-04-30 Trythena Lewis Wilmington NC 28409 US 2024-04-30 Ali Greiner Raleigh NC 27610 US 2024-04-30 Brittany Cook Wilmington NC 28409 US 2024-04-30 Amanda Guss Wilmington NC 28409 US 2024-04-30 Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 62 Sierra Collins Wilmington NC Tanya Bennett Wilmington NC Mary Maroudis Wilmington NC Linda Greco Wilmington NC Haley Penzero Wilmington NC Melissa Chadwic Wilmington NC Sara Klein Wilmington NC Kailey Baxter Wilmington NC Deb Novak Wilmington NC Kaitlyn Richard Raleigh NC Marvin Carter Wilmington NC TJ Huels Wilmington NC Gibby Fletcher Charlotte NC Garin Lee Wilmington NC Linette Lee Wilmington NC Janet Brown Stittsville LAURA WILLIAn Wilmington NC Barbara Mcquer Carolina Beach NC Caroline Rittenhi Wilmington NC Lauren Lombard Wilmington NC Theresa Cerro Wilmington NC Michele Gray Wilmington NC Linda Dunlap Wilmington NC Agnieszka Nass; Wilmington NC Frank Stanton Wilmington NC Karene Maples P Wilmington NC Naomi Akel Wilmington NC Lesley Tronic Carolina Beach NC Jess Andetson Wilmington NC Ryan Meadows Wilmington NC Jeff Boutillier Wilmington NC Kristin Jutila Wilmington NC Tanya Kuster Wilmington NC Craig Malone Wilmington NC Patrice Ward Wilmington NC Landyn Lewis Wilmington NC Kara McGee Wilmington NC Kathleen Turow: Wilmington NC Mary YORK Wilmington NC Evelyn Bradley Wilmington NC Elizabeth Brady Wilmington NC Amanda Cribb Wilmington NC Alexis Lewis Wilmington NC K2S 28409 US 28411 US 28428 US 28409 US 28409 US 28409 US 28412 US 27317 US 28409 US 27610 US 28412 US 28412 US 28202 US 28409 US 28409 US Canada 28412 US 28428 US 28409 US 28412 US 28412 US 28409 US 28412 US 28412 US 28412 US 28405 US 28409 US 28428 US 28202 US 28412 US 28412 US 28412 US 28412 US 28412 US 28412 US 28412 US 28412 US 28412 US 28403 US 28412 US 28412 US 28411 US 28401 US Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 63 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04.30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 2024-04-30 Kristyn Surbrug Wilmington NC 28412 US 2024-04-30 Courtney Miller Wilmington NC 28412 US 2024-04-30 Tabitha Auld Wilmington NC 28412 US 2024-04-30 Jennifer Gentry Wilmington NC 28412 US 2024-04-30 Kim Miller Wilmington NC 28411 US 2024-04-30 Lila Zimmerman Wilmington NC 28412 US 2024-04-30 Valerie Mustama Wilmington NC 28412 US 2024-04-30 Suzanna McCull Wilmington NC 28409 US 2024-04-30 Emily Graves Charlotte NC 28105 US 2024-04-30 Lukas Mikelinich Wilmington NC 28409 US 2024-04-30 Valerie Fowler Wilmington NC 28412 US 2024-04-30 Scott Szczech Charlotte NC 28273 US 2024-04-30 Alice Sweeney Wilmington NC 28412 US 2024-04-30 Staci Dickens Wilmington NC 28412 US 2024-04-30 Lynn Sullivan Wilmington NC 28409 US 2024-04-30 Linda Magness Wilmington NC 28412 US 2024-04-30 Neal Dorow Wilmington NC 28409 US 2024-04-30 Lori Smith Wilmington NC 28412 US 2024-04-30 Martin McGowar Germantown TN 38139 US 2024-04-30 Lauren Quattruc. Wilmington NC 28412 US 2024-04-30 Tammy Hunt Wilmington NC 28401 US 2024-04-30 Nathan Krueger Wilmington NC 28412 US 2024-04-30 Lisa Winchell Charlotte NC 28205 US 2024-04-30 Sarah Cheers Carolina Beach NC 28428 US 2024-04-30 Susan Oslun Raleigh NC 27610 US 2024-04-30 murray doyle Wilmington NC 28405 US 2024-04-30 Linda Sharkey Carolina Beach NC 28428 US 2024-04-30 william rittenhou; Wilmington NC 28409 US 2024-04-30 Natalia Dokus Wilmington NC 28412 US 2024-04-30 Dana Black Wilmington NC 28412 US 2024-04-30 Mary Kate Boutil Wilmington NC 28412 US 2024-04-30 Zack Penningtor Charlotte NC 28105 US 2024-04-30 Kimberly Poetzs, Wilmington NC 28409 US 2024-04-30 Mike Charland Wilmington NC 28409 US 2024-04-30 virginia connett wrightsville beac NC 28480 US 2024-04-30 Regina Zajkowsl Wilmington NC 28412 US 2024-04-30 Norma Lewis Wilmington NC 28412 US 2024-04-30 Maurice Malfatti Wilmington NC 28403 US 2024-04-30 Sheila Stubbs Apex NC 27523 US 2024-04-30 Mike Davidson Wilmington NC 28403 US 2024-04-30 Leah Iiczyszyn Wilmington NC 28412 US 2024-04-30 Logan llczyszyn Wilmington NC 28412 US 2024-04-30 Melody Higgins Wilmington NC 28412 US 2024-04-30 Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 64 Christine Broder Wilmington NC 28412 US 2024-04-30 Jessica Suckow Wilmington NC 28412 US 2024-04-30 Mandie Benega: Charlotte NC 28224 US 2024-04-30 TANYA LITTLE Carolina Beach NC 28428 US 2024-04-30 vanessa gillespie Wilmingto NC 28412 US 2024-04-30 Sharon Driscoll Wilmington NC 28412 US 2024-04-30 Laura Depas Wilmington NC 28412 US 2024-04-30 John Wisner Indianapolis IN 46226 US 2024-04-30 Nichole Wood Hampstead NC 28443 US 2024-04-30 Gillian Kuck Wilmington NC 28409 US 2024-04-30 David Magness Wilmington NC 28412 US 2024-04-30 Kerri Slade Wilmington NC 28412 US 2024-04-30 Carol Terry Nashville NC 27856 US 2024-04-30 Carol Bush Wilmington NC 28412 US 2024-04-30 Sarah Hourihan Wilmington NC 28412 US 2024-04-30 Kent Knorr Wilmington NC 28412 US 2024-04-30 Jennifer Bouche Wilmington NC 28403 US 2024-04-30 Tiffany Lytle Wilmington NC 28412 US 2024-04-30 rona garm Wilmington NC 28409 US 2024-04-30 William Weisser Wilmington NC 28412 US 2024-04-30 Rik! Cardona Wilmington NC 28412 US 2024-04-30 Ronald Gerfelde Raleigh NC 27604 US 2024-04-30 Jason Black Wilmington NG 28412 US 2024-04-30 Melissa Kenneth Wilmington NC 28409 US 2024-04-30 Jean Ritter Wilmington NC 28409 US 2024-04-30 Jane Davis WILMINGTON NC 28409-2925 US 2024-04-30 Kathryn Jeffreys Charlotte NC 28224 US 2024-04-30 Melody Hankins Wilmington NC 28411 US 2024-04-30 James Brendle Wilmington NC 28412 US 2024-04-30 Michelle Kapust< Wilmington NC 28412 US 2024-04-30 Clayton Ludwick Wilmington NC 28412 US 2024-04-30 Pamela Thigpen Wilmington NC 28412 US 2024-04-30 Chris Maher North Bergen NJ 7047 US 2024-04-30 Robert Foy Charlotte NC 28213 US 2024-04-30 Liz Moysey Wilmington NC 28412 US 2024-04-30 isabelle lytle Wilmington NC 28412 US 2024-04-30 Vickie Campbell Wilmington NC 28409-3985 US 2024-04-30 Karen Gaynor Wilmington NC 28412 US 2024-04-30 Daniel Kuster III Wilmington NC 28412 US 2024-04-30 Jackie Mungo Wilmington NC 22747 US 2024-04-30 Roberta Shelingi Wilmington NC 28409 US 2024-04-30 Cleo Toppen Wilmington NC 28412 US 2024-04-30 Beth Knapp Wilmington NC 28409 US 2024-04-30 Board of Commissioners - June 3 2024 ITEM: 13- 11 - 65 Margaret Cregar Wilmington NC 28412 US 2024-04-30 Annette Scialabk Wilmington NC 28412 US 2024-04-30 Alison LaCoss Wilmington NC 28405 US 2024-04-30 Amy Mcnabb Wilmington NC 28412 US 2024-04-30 Christian Tinder Wilmington NC 28412 US 2024-04-30 Hugh McCain Wilmington NC 28409 US 2024-04-30 PJ Hosang Wilmington NC 28412 US 2024-04-30 Karen Cegelski Wilmington NC 28412 US 2024-04-30 Jennifer Reynolc Wilmington NC 28412 US 2024-04-30 Meghann Willian Wilmington NC 28412 US 2024-04-30 Donna Mark Wilmington NC 28412 US 2024-04-30 Lorene George Wilmington NC 28403 US 2024-04-30 Sandi Baker Wilmington NC 28409 US 2024-04-30 Richard White Charlotte NC 28226 US 2024-04-30 Kitona Amitay Wilmington NC 28412 US 2024-04-30 Yaniv Amitay Wilmington NC 28412 US 2024-04-30 fay staley Wilmington NC 28409 US 2024-04-30 Erin Purdy Charlotte NC 28215 US 2024-04-30 Ann Mintz Wilmington NC 28401 US 2024-04-30 Sandy Hopfer Wilmington NC 28412 US 2024-04-30 Richard Earrand Wilmington NC 28409 US 2024-04-30 Carly Zaccaria Wilmington NC 28409 US 2024-04-30 Diana Medaglia Wilmington NC 28412 US 2024-04-30 Robert Cholowsl Wilmington NC 28412 US 2024-04-30 Petra Ridley Wilmington NC 28412 US 2024-04-30 Angie Thomasor Wilmington NC 28412 US 2024-04-30 Meredith Branch Wilmington NC 28412 US 2024-04-30 Gayleia Bailey Wilmington NC 28409 US 2024-04-30 Tracey Kruger Wilmington NC 28412 US 2024-04-30 Eric Walsh Wilmington NC 28412 US 2024-04-30 Maggie Statfort Wilmington NC 28412 US 2024-04-30 Christina Provini Wilmington NC 28409 US 2024-04-30 Penny' Willmerir Wilmington NC 28413 US 2024-04-30 Cassie Howell Wilmington NC 28412 US 2024-04-30 Charles Harrill 111 Wilmington NC 28412 US 2024-04-30 Keith Sabin Wilmington NC 28412 US 2024-04-30 colleen gardner Wilmington NC 28412 US 2024-04-30 Sandra Mulry Providence RI 2909 US 2024-04-30 Paul Coviello Wilmington NC 28401 US 2024-04-30 Jamie Lay Wilmington NC 28411 US 2024-04-30. Laura Morris Wilmington NC 28412 US 2024-04-30 Melinda Latta Wilmington NC 28412 US 2024-04-30 Deanna Grigsby Wilmington NC 28412 US 2024-04-30 Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 66 Victoria Ricci Wilmington INC 28409 US 2024-04-30 Kristin Shields Wilmington NC 28409 US 2024-04-30 Anne Moran Wilmington INC 28409 US 2024-05-01 Caitlin Gullo Wilmington NC 28412 US 2024-05-01 McKenzi Edwarc Wilmington INC 28412 US 2024-05-01 Nancy Thomas Wilmington NC 28409 US 2024-05-01 Cindi Utter Wilmington NC 28409 US 2024-05-01 Dave Gerin Wilmington NC 28409 US 2024-05-01 Alyson Edwards Wilmington NC 28409 US 2024-05-01 Patrisha Dean Wilmington NC 28411 US 2024-05-01 Michael Wills Wilmington INC 28409 US 2024-05-01 Susan Rudd Wilmington NC 28409 US 2024-05-01 Amanda Wills Wilmington NC 28409 US 2024-05-01 Ryan Ash Wilmington NC 28409 US 2024-05-01 Judi Paparozzi Wilmington INC 28409 US 2024-05-01 Yvonne Cheroke Apex NC 27539 US 2024-05-01 Abigail Gripshov Wilmington NC 28412 US 2024-05-01 Phyllis Long Wilmington NC 28409 US 2024-05-01 Filipe Ricci Wilmington NC 28409 US 2024-05-01 Rob Gnolfo Wilmington NC 28409 US 2024-05-01 Gene Costa Wilmington NC 28409 US 2024-05-01 Michael Zaccaric Wilmington NC 28409 US 2024-05-01 Michelle Hart Union Grove NC 28689 US 2024-05-01 Nick Lay Wilmington NC 28411 US 2024-05-01 norma cortez Wilmington NC 28405 US 2024-05-01 Jean Heiser Wilmington INC 28412 US 2024-05-01 Natalie Ward Wilmington INC 28401 US 2024-05-01 Stephanie Sonde Wilmington NC 28401 US 2024-05-01 Reilly Zehner Wilmington NC 28412 US 2024-05-01 Lynne Denne' Carolina Beach NC 28428 US 2024-05-01 Amanda Cowing Hampstead NC 28443 US 2024-05-01 Michael Richmoi Hampstead NC 28443 US 2024-05-01 Margaret Richmc Hampstead NC 28443 US 2024-05-01 Royann Thomps Fort Mill SC 29707 US 2024-05-01 Jaime Kapur Wilmington INC 28409 US 2024-05-01 Shannon Elliott Wilmington INC 28412 US 2024-05-01 Aaron Wiley Hampstead INC 28443 US 2024-05-01 Jenny Corbin Wilmington NC 28409 US 2024-05-01 Laurie Littlejohn Wilmington NC 28412 US 2024-05-01 Brian Pate Wilmington NC 28409 US 2024-05-01 All Smith Wilmington NC 28409 US 2024-06-01 Trey Schnippel Wilmington INC 28409 US 2024-05-01 Craig Webb Wilmington NC 28412 US 2024-05-01 Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 67 Mary Smith Wilmington NC 28412 US 2024-05-01 Kara Gaspari Wilmington NC 28412 US 2024-05-01 Newcomer Brad Wilmington INC 28412 US 2024-0501 Jason Baker I Wilmington INC 28409 US 2024-05-01 Steven Jump Wilmington INC 28412 US 2024-05-01 eva walsh Wilmington NC 28412 US 2024-05-01 Jim Pfitzner Wilmington NC 28412 US 2024-05-01 Chris Smith Wilmington NC 28409 US 2024-05-01 Victoria Southwc Wilmington NC 28409 US 2024-05-01 Justin Stauffer Wilmington NC 28409 US 2024-05-01 Tracy Smith Wilmington NC 28411 US 2024-05-01 Kelly Stauffer Wilmington INC 28409 US 2024-05-01 Heather Bonner Wilmington NC 28412 US 2024-05-01 Wendy Steele Wilmington NC 28409 US 2024-05-01 Gary George Wilmington INC 28412 US 2024-05-01 Wanda Faass Wilmington NC 28412 US 2024-05-01 Lana Cromer Wilmington INC 28412 US 2024-05-01 Melanie Kenersc Wilmington INC 28409 US 2024-05-01 Jim Simpson Wilmington NC 28409 US 2024-05-01 Amber Kimlick Concord NC 28027 US 2024-05-01 Gavin SroczynsM Wilmington NC 28412 US 2024-05-01 Ethan Gootee Wilmington NC 28409 US 2024-05-01 Lisa Shaw Wilmington NC 28405-2537 US 2024-05-01 Madeline Sroczy Wilmington NC 28412 US 2024-05-01 Carey shave North Chesterfie VA 23235 US 2024-05-01 Christopher Law Wilmington NC 28409 US 2024-05-01 Melissa Meehan Wilmington NC 28412 US 2024-05-01 Lori Goldberg Wilmington NC 28405 US 2024-05-01 Jacqueline PowE Wilmington NC 28412 US 2024-05-01 Randolph Joyce Wilmington NC 28409 US 2024-05-01 Jessica Tootoo Wilmington NC 28409 US 2024-05-01 Ginger Williams Wilmington NC 28412 US 2024-05-01 Stacie Erwin Wilmington NC 28409 US 2024-05-01 Katelyn Lunsforc Wilmington INC 28412 US 2024-05-01 Suzanne Lange\ Wilmington INC 28409 US 2024-05-01 Dawn Whaley Wilmington NC 28401 US 2024-05-01 Colleen Priory G Wilmington NC 28412 US 2024-05-01 Heather Lynch Wilmington NC 28412 US 2024-05-01 Barry Goldberg Wilmington NC 28405 US 2024-05-01 David Knapp Wilmington NC 28409 US 2024-05-01 Susan Dingier Carolina Beach NC 28428 US 2024-05-01 Christina Terry Wilmington NC 28412 US 2024-05-01 Diane Shell Wilmington NC 28412 US 2024-05-01 Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 68 Barbara Garrow Wilmington NC 28409 US 2024-05-01 Venus Schrader Wilmington NC 28409 US 2024-05-01 Maria Perez Fairhaven MA 2719 US 2024-05-01 Donna king Wilmington NC 28412 US 2024-05-01 Deana Heitman Duluth GA 30096 US 2024-05-01 Sandra Nyers Wilmington NC 28409 US 2024-05-01 David Chichilnits Wilmington NC 28409 US 2024-05-01 Brittany Meisling Wilmington NC 28409 US 2024-05-01 Kenneth Glenn Wilmington NC 28409 US 2024-05-01 Kent Schwedler Wilmington NC 28412 US 2024-05-01 Jessica Arthur Wilmington NC 28412 US 2024-05-01 Loretta Robinsor Leland NC 28451 US 2024-05-01 Chepiemael Cru Charlotte NC 28202 US 2024-06-01 Julie Stanwick Wilmington NC 28412 US 2024-05-01 Jennifer Buxton Wilmington NC 28401 US 2024-05-01 Julie King Wilmington NC 28412 US 2024-05-01 michael mcquer) Wilmington NC 28412 US 2024-05-01 Patrick Lane Wilmington NC 28412 US 2024-05-01 Micah Hendrix Charlotte NC 28202 US 2024-05-01 Michelle OBrien Wilmington NC 28409 US 2024-05-01 Kim Meyer Wilmington NC 28412 US 2024-05-01 Brad M Wilmington NC 28412 US 2024-05-01 Molly Glenn Wilmington NC 28412 US 2024-05-01 Diane Singletary Wilmington NC 28409 US 2024-05-01 Lydia Percell Wilmington 28409 US 2024-05-01 Gene Thompsor Fort Mill SC 29707 US 2024-05-01 Susan Hartman Wilmington NC 28409 US 2024-05-01 Marie Zaccaro Wilmington NC 28412 US 2024-05-01 Gina Paris Lawlc Wilmington NC 28412 US 2024-05-01 Rose Coston Wilmington NC 28401 US 2024-05-01 Kristin Hunt Wilmington NC 28412 US 2024-05-01 Phil Hertzog Wilmington NC 28412 US 2024-05-01 Steve Zaccaro Wilmington NC 28409 US 2024-05-01 Julie Hultholm Wilmington NC 28412 US 2024-05-01 Rebecca Dixon Wilmington NC 28412 US 2024-05-01 Ted Meehan Wilmington NC 28409 US 2024-05-01 Lane Volesky Wilmington NC 28405 US 2024-05-01 Christina Smith Wilmington NC 28412 US 2024-05-01 Mark Schweikerl Wilmington NC 28405 US 2024-05-01 Margaret Simpsc Wilmington NC 28412 US 2024-05-01 Dylan D Wilmington NC 28403 US 2024-05-01 James Cribb Wilmington NC 28409 US 2024-05-01 John A Bauer Wilmington NC 28405 US 2024-05-01 Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 69 Thomas Christer Wilmington NC 28412 US 2024-05-01 Christina Latteie Wilmington NC 28405 US 2024-05-01 Nicole Lee Wilmington NC 28409 US 2024-05-01 Christopher Cas: Wilmington NC 28403 US 2024-05-01 Agnieszka Nass: Wilmington NC 28409 US 2024-05-01 Nancy Hill Wilmington NC 28412 US 2024-05-01 Brad Malpass Wilmington NC 28412 US 2024-05-01 Matt Vilar Wilmington NC 28403 US 2024-05-01 SHARON MCLA Wilmington NC 28401 US 2024-05-01 Laura Mulhollanc Wilmington NC 28409 US 2024-05-01 Thomas Seyfriec Wilmington NC 28412 US 2024-05-01 Joseph Cipalla Wilmington NC 28409 US 2024-05-01 Ted French Wilmington NC 28412 US 2024-05-01 Chelsea Haskett Wilmington NC 28209 US 2024-05-01 Kim Percell Wilmington NC 28409 US 2024-05-01 Elizabeth Patrick Wilmington NC 28409 US 2024-05-01 Karen Owen -Boo Wilmington NC 28412 US 2024-05-01 Toni Perryman Wilmington NC 28409 US 2024-05-01 Will Bowen Wilmington NC 28405 US 2024-05-01 Tracy Michels Wilmington NC 28403 US 2024-05-01 Julian C CA 92880 US 2024-05-01 Katherine Amott• Wilmington NC 28401 US 2024-05-01 Kim Garnette Wilmington NC 28412 US 2024-05-01 Natalie Southarc Wilmington NC 28409 US 2024-05-01 Ken Todd Wilmington NC 28412 US 2024-05-01 Jason Gabbard Wilmington NC 28409 US 2024-05-01 Mya Lynch Wilmington NC 28403 US 2024-05-01 Barbara korycka Raleigh INC 27610 US 2024-05-01 Becky Frederick Wilmington INC 28409 US 2024-05-01 Valerie Hemon Wilmington NC 28412-2736 US 2024-05-01 Shannon Howan Wilmington NC 28412 US 2024-05-01 Norm Wilmes Yuba City CA 95991 US 2024-05-01 Heather Mcdanie wiimington NC 28411 US 2024-05-01 Eleanor Miller Wilmington NC 28405 US 2024-05-01 Kim Phelps Wilmington NC 28409 US 2024-05-01 Laurie Finnegan Wilmington NC 28405 US 2024-05-01 Daniel Haisley Kissimmee FL 34743 US 2024-05-01 Tim Smith Wilmington NC 28405 US 2024-05-01 Mario Belmonte Wilmington NC 28401 US 2024-05-01 Joyelle Robinsor Wilmington NC 28409 US 2024-05-01 CD Reutlinger Wilmington NC 28412 US 2024-05-01 Leonard Auld Wilmington NC 28412 US 2024-05-01 Susie Hartness Wilmington NC 28409 US 2024-05-01 Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 70 Marianne Nutt Wilmington NC 28412 US 2024-05-01 Loretta Efstathio Wilmington NC 28412 US 2024-05-01 Dennis Eames Wilmington NC 28428 US 2024-05-01 Janyne Hornung Washington DC 20011 US 2024-05-01 david sprinkle mobile AL 36608 US 2024-05-01 Alexandra Snow Wilmington NC 28409 US 2024-05-01 Patricia Morin Wilmington NC 28412 US 2024-05-01 Emily Jeffery Wilmington NC 28412 US 2024-05-01 Lauren Stevensc Wilmington NC 28409 US 2024-05-01 Lora Price Wilmington NC 28412 US 2024-05-01 Jon Nielsen Wilmington NC 28409 US 2024-05-01 Kaytlynn Miller NC US 2024-05-01 Gemy D'Adamo Wilmington NC 28409 US 2024-05-01 Marsha Rouse Wilmington NC 28412 US 2024-05-01 Mackenzie Gaddy US 2024-05-01 Amanda Moss Wilmington NC 28412 US 2024-05-01 Tom Wallace Wilmington NC 28409 US 2024-05-01 Jeremy Williams Wilmington NC 28412 US 2024-05-01 Marc Gilson Wilmington NC 28428 US 2024-05-01 Teresa Taylor Wilmington NC 28412 US 2024-05-01 Mia Merrill Vestal NY 13850 US 2024-05-01 Chayton Hunt Middle River MD 21220 US 2024-05-01 Deborah Zagone Wilmington NC 28412 US 2024-05-02 Emily Cipalla Wilmington NC 28412 US 2024-05-02 Josh S Wilmington NC 28412 US 2024-05-02 Allyson Bracken Wilmington NC 28412 US 2024-05-02 Ruthanne Palurr Wilmington NC 28412 US 2024-05-02 Sandra Vidlak-G Wilmington NC 28412 US 2024-05-02 Kelly Smith Wilmington NC 28412 US 2024-05-02 Alicia Webb Wilmington NC 28412 US 2024-05-02. Steven Murch Wilmington NC 28412 US 2024-05-02 Skeen Diane Wilmington NC 28412 US 2024-05-02 Dorothy Law Wilmington NC 28412 US 2024-05-02 Jennifer Griczew Wilmington NC 28412 US 2024-05-02 Stacey Denning Wilmington NC 28412 US 2024-05-02 Hannah Hawks Wilmington NC 28409 US 2024-05-02 Joe Hawksworth Wilmington NC 28409 US 2024-05-02 Lori Campbell Wilmington NC 28412 US 2024-05-02 Brian Reynolds Wilmington NC 28412 US 2024-05-02 Greg Berwald Wilmington NC 28428 US 2024-05-02 Linda Picone Wilmington NC 282 US 2024-05-02 Alicia Norwood Carolina Beach NC 28428 US 2024-05-02 Rosalia Monroe Wilmington NC 28403 US 2024-05-02 44 Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 71 Wayne Santome Wilmington NC 28405 US 2024-05-02 Ilinda walker wilmington NC 28412 US 2024-05-02 Michele Fowler Wilmington NC 28412 US 2024-05-02 Scott Fowler Kitty Hawk NC 27949 US 2024-05-02 Kathy Parish Wilmington NC 28409 US 2024-05-02 andrea stutsmar Wilmington NC 28412 US 2024-05-02 Nick Gengarelly Wilmington NC 28409 US 2024-05-02 Kelly Kennedy Wilmington NC 28412 US 2024-05-02 Kathryn Salcicci( Farmington MI 48336 US 2024-05-02 Sue Gallagher Wilmington NC 28409 US 2024-05-02 Jenna Tibbetts Worcester MA 1602 US 2024-05-02 Tammy Dovichal Wilmington NC 28405 US 2024-05-02 Deborah Cotton. Wilmington NC 28409 US 2024-05-02 Grace Dezio Wilmington NC 28405 US 2024-05-02 Wendy Dahlin Wilmington NC 28412 US 2024-05-02 Lycia Phipps Wilmington NC 28412 US 2024-05-02 Justine Johnson Wilmington NC 28409 US 2024-05-02 DOUGLAS M BF Wilmington NC 28412 US 2024-05-02 PAIGE Fun- Wilmington NC 28412 US 2024-05-02 Charlotte Hatfieli Wilmington NC 28412 US 2024-05-02 John Sciales Wilmington NC 28412 US 2024-05-02 Mike Duffy Wilmington NC 28409 US 2024-05-02 Alexandru Bodol Wilmington NC 28412 US 2024-05-02 Dana Morris Wilmington NC 28412 US 2024-05-02 Joyce Boyle Wilmington NC 28409 US 2024-05-02 Jeff Brooks Wilmington NC 28412 US 2024-05-02 Laurie Gengarell Orleans MA 2653 US 2024-05-02 Susan Kaczynsk Wilmington NC 28412 US 2024-05-02 Katherine Lofgre Harwich NC 2645 US 2024-05-02 Francisco Sansc Wilmington NC 28412 US 2024-05-02 Christine Murph) Wilmington INC 28412 US 2024-05-02 Jacqueline Quin Wilmington NC 28412 US 2024-05-02 Jennifer Haywar, Charlotte NC 28202 US 2024-05-02 Tyler Crumbley Wilmington NC 28412 US 2024-05-02 Meaghan Noxon Wilmington NC 28409 US 2024-05-02 Mary -Charlotte C Charlotte NC 28210 US 2024-05-02 Benjamin Wold Wilmington NC 28409 US 2024-05-02 franchesca men(Atlanta GA 30345 US 2024-05-02 Michele W Wilmington NC 28408 US 2024-05-02 Jennifer grimm Charlotte NC 28229 US 2024-05-02 Dee Krieger Wilmington NC 28412 US 2024-05-02 MaryAnn Bridgei Wilmington NC 28409 US 2024-05-02 Kirk Altman Wilmington NC 28409 US 2024-05-02 Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 72 Sandra Janke Wilmington NC 28412 US 2024-05-02 Luciana Villar Boynton Beach FL 33426 US 2024-05-02 Adam Wylubski Wilmington NC 28412 US 2024-05-02 Istvan Nyers Raleigh NC 27610 US 2024-05-02 Christine Layton Wilmington NC 28409 US 2024-05-02 Derek Stiefel Wilmington NC 28412 US 2024-05-02 Lara Cottle Wilmington NC 28409 US 2024-05-02 Amanda Shresth Wilmington NC 28409 US 2024-05-02 Samantha Hardi Wilmington NC 28409 US 2024-05-02 Candace Sutton Wilmington NC 28412 US 2024-05-02 Samuel Rowell Wilmington NC 28409 US 2024-05-02 Cynthia Scholl Wilmington NC 28412 US 2024-05-02 Jennifer Royal Wilmington NC 28403 US 2024-05-02 Mark Stafford Wilmington NC 28409 US 2024-05-02 Kim Widmark Rocky Point NC 28457 US 2024-05-02 Jeanette Huntz Wilmington NC 28412 US 2024-05-02 Mary Pascarelli Wilmington NC 28412 US 2024-05-02 Heather Black Wilmington NC 28451 US 2024-05-02 Lorilei Nash Wilmington NC 28412 US 2024-05-02 Hannah Hales Wilmington NC 28412 US 2024-05-02 Matthew Ignacio Wilmington NC 28409 US 2024-05-02 Lacie Hudspeth Wilmington NC 28412 US 2024-05-02 Kristy Reynolds Wilmington NC 28405 US 2024-05-02 Shelly Conklin Wilmington NC 28409 US 2024-05-02 Jaimie Davis Wilmington NC 28411 US 2024-05-02 Lauren Rich Wilmington NC 28403 US 2024-05-02 Alex Cruz Wilmington NC 28409 US 2024-05-02 Nicholas McNau Wilmington NC 28409 US 2024-05-02 Brenda Coxe Wilmington NC 28409 US 2024-05-02 Tricia Norris Charlotte NC 28226 US 2024-05-02 Shane Davis Wilmington NC 28409 US 2024-05-02 Madeline Gonza Cantonment FL 32533 US 2024-05-02 Patti Burgett Wilmington NC 28409 US 2024-05-02 Wilton Leeuwenf Wilmington NC 28409 US 2024-05-02 Chass Hood Wilmington NC 28412 US 2024-05-02 Emily Foland Charlotte NC 28226 US 2024-05-02 Shauna Ruoff Wilmington NC 28412 US 2024-05-02 Marie Mattera Wilmington NC 28412 US 2024-05-02 Karen Langelier Wilmington NC 28403 US 2024-05-02 Kelsie Jones Wilmington NC 28412 US 2024-05-02 Elsa Sut Wilmington NC 28409 US 2024-05-02 Derek Harman Wilmington NC 28409 US 2024-05-02 David Webb Wilmington NC 28409 US 2024-05-02 Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 73 Ashley Bunge Cocoa FL 32922 US 2024-05-02 Chris Whelchel Wilmington NC 28409 US 2024-05-02 Chadrick Lewis Wilmington NC 28409 US 2024-05-02 Pa Biscoe Castle Hayne NC 28429 US 2024-05-02 Dawn Decollewe Wilmington NC 28412 US 2024-05-02 Keith Ferdinand(Wilmington NC 28409 US 2024-05-02 Stephen Vincent Wilmington NC 28409 US 2024-05-02 Tiffany Seale Wilmingtom NC 28409 US 2024-05-02 Kelli Mack Wilmington NC 28412 US 2024-05-02 Darlene Korwatc Wilmington NC 28412 US 2024-05-02 stacy hollar Wilmington NC 28412 US 2024-05-02 maury finger Wilmington NC 28405 US 2024-05-02 Gail Weeks Wilmington NC 28409 US 2024-05-02 Matt Ashton Wilmington NC 28412 US 2024-05-03 Mark Jones Wilmington NC 28405 US 2024-05-03 Denise Carty Wilmington NC 28412 US 2024-05-03 Bordo Isabel Wilmington NC 28411 US 2024-05-03 Shane Stone Wilmington NC 28412 US 2024-05-03 Barbara Bakowy Wilmington NC 28409 US 2024-05-03 James Paige Wilmington NC 28412 US 2024-05-03 Christopher mcc Wilmington NC 28409 US 2024-05-03 Carly Klinedinst Greensboro NC 28412 US 2024-05-03 Paula Holt Wilmington NC 28412 US 2024-05-03 Carl Holt Wilmington NC 28412 US 2024-05-03 Mary Kralik Wilmington NC 28405 US 2024-05-03 Kyle Benton Wilmington NC 28412 US 2024-05-03 James Harris Wilmington NC 28412 US 2024-05-03 Rosanna Dicken Anchorage AK 99517 US 2024-05-03 Todd Klinedinst Wilmington NC 28412 US 2024-05-03 Tiffany Stone Wilmington NC 28412 US 2024-05-03 Margie McKinzie Wilmington NC 28412 US 2024-05-03 R Langdon Wilmington NC 28412 US 2024-05-03 Haven Morrison Wilmington NC 28401 US 2024-05-03 Diane West Charlotte NC 28269 US 2024-05-03 Kelly Carden Wilmington NC 28412 US 2024-05-03 Stephanie Tabor Wilmington NC 28412 US 2024-05-03 William Baulding Greensboro NC 27410 US 2024-05-03 Linda CunninghE Wilmington NC 28412 US 2024-05-03 Deb Pye Wilmington NC 28412 US 2024-05-03 Carolyn Knapp Wilmington NC 28412 US 2024-05-03 Jennifer Phillips Wilmington NC 28412 US 2024-05-03 Jonathan Royall Wilmington NC 28412 US 2024-05-03 April Batchelor Wilmington NC 28429 US 2024-05-03 Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 74 Sherry Hines Wilmington NC 28412 US 2024-05-03 Allen Mitchell Wilmington NC 28409 US 2024-05-03 Lori Peterson Wilmington NC 28409 US 2024-05-03 Wayne Williams Wilmington NC 28409 US 2024-05-03 Julia Barefoot Wilmington NC 28401 US 2024-05-03 Thomas Toby Wilmington NC 28405 US 2024-05-03 Gloria Hill Wilmington NC 28412 US 2024-05-04 Lincoln Hill Wilmington NC 28412 US 2024-05-04 Maureen Tato Wilmington NC 28412 US 2024-05-04 Chet Langley Wilmington NC 28412 US 2024-05-04 Noreen Lenihan Wilmington NC 28401 US 2024-05-04 Mary Neal Raleigh NC 27610 US 2024-05-04 Harriette Albritto Wilmington NC 28403 US 2024-05-04 Candyce Stonen Nampa ID 83651 US 2024-05-04 Erika Rikhiram Clermont FL 34711 US 2024-05-04 Debbie Caulder Wilmington NC 28403 US 2024-05-04 Jeff Bigler Wilmington NC VA 28412 US 2024-05-04 Mick Merrill Wilmington NC 28403 US 2024-05-04 Robert Davis Wilmington NC 28409 US 2024-05-04 Lana Rollins Wilmington NC 28412 US 2024-05-04 Thomas Treglia Wilmington NC 28412 US 2024-05-04 Jeff Weisner Wilmington NC 28409 US 2024-05-04 Angie Woodrum Wilmington NC 28412 US 2024-05-04 Austin Ward Corvallis OR 97330 US 2024-05-04 Kim Stoldasa W NC 28277 US 2024-05-04 Brenda Mohn Wilmington NC 28409 US 2024-05-04 Susan Welsh Wilmington NC 28409 US 2024-05-04 Jenifer Hendrix Wilmington NC 28409 US 2024-05-04 Sarah Coe Castle Hayne NC 28429 US 2024-05-04 Barbara Plage Wilmington NC 28412 US 2024-05-05 Ernest & Sara Fi Wilmington NC 28412 US 2024-05-05 Frances Metzgei Wilmington NC 28412 US 2024-05-05 Lloyd Lee Wilmington NC 28405 US 2024-05-05 Peggy Hemenwc Wilmington NC 28409 US 2024-05-05 Tim Hudson Wilmington NC 28412 US 2024-05-05 Mary K Werner Wilmington NC 28411 US 2024-05-05 Denise Stueber Sandy UT 84093 US 2024-05-05 Melissa Vagle US 2024-05-05 Alfredo Jackson Los Angeles CA 90060 US 2024-05-05 Judah Garrison US 2024-05-05 Nancy Holden US 2024-06-06 Jairo Tabora Wilmington NC 28412 US 2024-05-06 Joseph De Feo Yonkers NY 10704 US 2024-05-06 Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 75 Meghan Digby Wilmington NC Tess Robinson Wilmington NC Sally -Anne Tabo Wilmington NC Frantzdy Maceai Brooklyn Elaine Bovender Wilmington NC Vicki Alexander Wilmington NC RobbiLyn Lindwi Chicago IL Joshua Galindo Brooklyn NY Ruby Farrer Taunton MA Andrew Tichava Wilmington NC Johnathan Rosa Charlotte NC Kt Hertfelder Ballwin MO Peter Guss Leland NC Robert Bozzanci Selden NY Diane Guss Bolivia NC Denise Whitcom Wilmington NC Christopher OCc Wilmington NC Ann Crowther Palm Beach Gar FL Ryan Grady Wilmington NC Devin Fraleigh Wilmington Benjamin Whites Wilmington NC Nancy Glashow Wilmington NC Shaylee Meier Binghamton NY Carolina Martine Miami FL Stephanie John,- Wilmington NC Valarie Fowler Wilmington NC Charity Metcalf Kim Beller Wilmington NC Kaylei Conn Canton GA Paul Sommers Wilmington NG Tisha Michelle Scottsdale AZ Jaedon Sweene, Los Angeles CA Mari Toby Wilmington NC Anita Liebscher Wilmington NC Phyllis Borowski New York City NY Jackie Conafay Wilmington NC Alana Preziosi Swedesboro NJ greg doolin boca raton FL Alan Bodiford Wilmington NC Dianne Duvall Wilmington NC Paige Zanocco Spring City UT Paul Matakovich Las Vegas NV Aiden Leal Universal City TX G5L 28412 US 28409 US 28412 US 11203 US 28412 US 28403 US 60655 US 11237 US 2780 US 28403 US 28215 US 63011 US 28451 US 11784 US 28422 US 28412 US 28409 US 33418 US 28409 US Canada 28409 US 28412 US 13901 US 33157 US 28412 US 28412 US US 28411 US 30114 US 28409 US 85258 US 90033 US 28412 US 28401 US 10038 US 28403 US 8085 US 33432 US 28409 US 28412 US 84662 US 89115 US 78148 US Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 76 2024-05-06 2024-05-06 2024-05-06 2024-05-06 2024-05-06 2024-05-06 2024-05-06 2024-05-06 2024-05-06 2024-05-06 2024-05-06 2024-05-06 2024-05-06 2024-05-06 2024-05-06 2024-05-06 2024-05-06 2024-05-06 2024-05-06 2024-05-07 2024-05-07 2024-05-07 2024-05-07 2024-05-07 2024-05-07 2024-05-07 2024-05-07 2024-05-07 2024-05-07 2024-05-07 2024-05-07 2024-05-07 2024-05-07 2024-05-07 2024-05-08 2024-05-08 2024-05-08 2024-05-08 2024-05-08 2024-05-08 2024-05-08 2024-05-08 2024-05-08 Erin Watson Wilmington NC 28409 US 2024-05-08 Bill Cipher Nashville TN 28202 US 2024-05-08 Abigail Vazquez San Antonio TX 78240 US 2024-05-08 Kaylie James Lincoln NE 68516 US 2024-05-08 Madeline Kluepfi Greensboro NC 27405 US 2024-05-09 Linda Degeus Wilmington NC 28412 US 2024-05-09 Barbara Graharr Leland NC 28451 US 2024-05-09 Mary York Raleigh NC 27601 US 2024-05-09 Tracey Lontos Wilmington NC 28411 US 2024-05-09 Ann Reynolds Charlotte NC 28204 US 2024-05-09 Sandra Mostard Wilmington NC 28409 US 2024-05-09 michelle chesnul Wilmington NC 28412 US 2024-05-09 Donald Kemp Wilmington NC 28412 US 2024-05-09 Giovanni Martuc Wilmington NC 28412 US 2024-05-09 Ryan Runkle Wilmington NC 28403 US 2024-05-09 Melissa Jackson Wilmington NC 28409 US 2024-05-09 Janet Byrd Wilmington NC 28409 US 2024-05-09 Paul Jackson Wilmington NC 28409 US 2024-05-09 Yisroel Swiatyck New York NY 10019 US 2024-05-09 Sue Thompson Sacramento CA 95825 US 2024-06-09 Daniel Olson US 2024-05-09 Jennie Jackson Wilmington NC 28409 US 2024-05-09 Sharon Meny Wilmington NC 28412 US 2024-05-09 Phyllis Byrnes Wilmington NC 28412 US 2024-05-09 samantha mcge(Wilmington NC 28412 US 2024-05-10 JERRY DEGEU! Holly Springs NC 27540 US 2024-05-10 Juliana Anaya Riverside CA 92571 US 2024-05-10 Ralphie Beam Cumberland MD 21502 US 2024-05-10 Venera Kalinina Buffalo NY 14228 US 2024-05-10 rex !! Brockton MA 2302 US 2024-05-10 Haley Boaz Santa rosa CA 95403 US 2024-05-10 Kavonn Campbell US 2024-05-11 William Noxon Wilmington NC 28412 US 2024-05-11 Patricia DeCand Wilmington NJ 28412 US 2024-05-11 Carolyn Ohnmac Charlotte NC 28215 US 2024-05-11 Stuart Bayley Wilmington NC 28412 US 2024-05-11 Andrea Russo Wilmington NC 28412 US 2024-05-11 Charles Ohnmac Concord NC 28027 US 2024-05-11 Kyle Prey Wilmington NC 28412 US 2024-05-11 Sam Cordaro Johnston IA 50131 US 2024-05-11 Erin Chontos Wilmington NC 28409 US 2024-05-12 Judy Smith Charlotte NC 28208 US 2024-05-12 Adam Kaluba Burleson TX 76028 US 2024-05-12 Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 77 Joshua Corbett Biddeford 4005 US 2024-05-13 Judith Cook Cleveland OH 44106 US 2024-05-13 Heather Isaac Vista 92084 US 2024-05-13 Makiba Rowe Lawrenceville NJ 8648 US 2024-05-14 Tracy Johns Wilmington NC 28412 US 2024-05-14 Anjum Siddiqui Clark NJ 7066 US 2024-05-14 nathaly debs wellington FL 33414 US 2024-05-14 Jones Smith WILMINGTON NC 28409 US 2024-05-15 Regina Cole Las Vegas NV 89178 US 2024-06-15 casey oheffemar Wilmington NC 28409 US 2024-05-15 Habiyl Ya Siyn Kansas City KS 66104 US 2024-05-15 Caroline cooley Wilmington NC 28428 US 2024-05-15 Cherese Grant Summit NJ 7901 US 2024-05-15 Kathryn Sisler W Carolina Beach NC 28428 US 2024-05-15 Heather Berzina Wilmington NC 28412 US 2024-05-15 jake byme Wilmington NC 28405 US 2024-05-15 Jessica Baker Wilmington NC 28412 US 2024-05-15 Bobi Alper Wilmington NC 28412 US 2024-05-15 Nicole Netzer Wilmington NC 28409 US 2024-05-15 Yolanda Talbert Jamaica Plain MA 2130 US 2024-05-15 Anna Mann Wilmington NC 28409 US 2024-05-15 L Stone Lombard IL 60148 US 2024-05-15 Meadow Blum Wilmington NC 28409 US 2024-05-15 Ken Ezell Leoma TN 38468 US 2024-05-15 Dustina Sherbini Carolina Beach NC 28428 US 2024-05-15 Monique Lerch Wilmington NC 28491 US 2024-05-15 michael richins ardmore AL 35739-9616 US 2024-05-15 Jessica Sapp Calabash NC 28467 US 2024-05-15 Marle G Caron Wilmington NC 28403 US 2024-05-15 Eva Wicks Washington DC 20011 US 2024-05-15 Bereket Haile Dallas 75243 US 2024-05-16 Kody Wemmer Versailles KY 40383 US 2024-05-16 Ava Jackson Des Plaines IL 60018 US 2024-05-16 Tim McCall Wilmington NC 28409 US 2024-05-16 Melissa Davis Wilmington NC 28412 US 2024-05-16 Ann marie Lama Fairfax VA 22030 US 2024-05-16 Sophie S Newport Beach CA 92663 US 2024-05-16 Jason Smith Wilmington NC 28409 US 2024-05-16 Anthony Watters Wilmington NC 28409 US 2024-05-16 James Farrow Wilmington NC 28409 US 2024-05-16 Alayna Rhoades Elkhart IN 46514 US 2024-05-16 Mindy Volesky Wilmington NC 28409 US 2024-05-16 Magali Khalkho Ashburn VA 20147 US 2024-05-16 Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 78 Sammie Dowlinc Charlotte NC 28214 US 2024-05-16 Cynthia Orlovsk� Wilmington NC 28409 US 2024-05-17 John Orlovsky Johnstown PA 15905 US 2024-05-17 Kristal Brinsley Wilmington NC 28412 US 2024-05-17 Tai Perry Cathedral City CA 92234 US 2024-05-17 Kristin Vass New York NY 10080 US 2024-05-17 Jillian Miller Hampstead NC 28443 US 2024-05-17 Jonathan Gronei Wilmington NC 28405 US 2024-05-17 Kyle Manning Wilmington NC 28412 US 2024-05-17 Aimee Kochan Charlotte NC 28202 US 2024-05-17 William Kyle Wilmington NC 28412 US 2024-05-17 Angela Blount Wilmington NC 28412 US 2024-05-17 Andrea Freemar Wilmington NC 28403 US 2024-05-17 Jason Eudy Wilmington NC 28412 US 2024-05-17 John Kmetz Wilmington NC 28411 US 2024-05-17 Heba Terry Wilmington NC 28412 US 2024-05-17 Angie Gabriel Miami FL 33184 US 2024-05-17 Amanda Gainus Charlotte NC 28213 US 2024-05-17 Paul Bickel Wilmington NC 28412 US 2024-05-17 Nicole Tupitza Erie PA 16506 US 2024-05-17 Webster Gomez Wilmington NC 28412 US 2024-05-17 Marianne Eisenr Wilmington NC 28411 US 2024-05-17 Brian Bahgeri Myrtle Beach SC 29577 US 2024-05-17 Milena Offredo Wilmington NC 28412 US 2024-05-18 Jennifer Teague Wilmington NC 28412 US 2024-05-18 Pamela Hudson Dallas TX 75221 US 2024-05-18 Ronnie Moseley Orlando FL 32801 US 2024-05-18 Brendan McShei Wilmington NC 28412 US 2024-05-18 Mabel Rosaloa Wilmington NC 28412 US 2024-05-18 Beth Burgin Wilmington NC 28412 US 2024-05-18 Muna Abara Dallas TX 75214 US 2024-05-18 Debbie E Felton .DE 19943 US 2024-05-19 Cassie Funai Fredericksburg VA 22407 US 2024-05-19 John Durant Wilmington NC 28412 US 2024-05-20 Rachel Matilton Fargo ND 58102 US 2024-05-20 Annetta Allen Wilmington NC 28412 US 2024-05-20 Miyuki Zhen Salem OR 97306 US 2024-05-20 Andrew Floyd US 2024-05-20 Mindi Ledri San Marcos CA 92078 US 2024-05-21 Ana A Boston MA 2131 US 2024-05-21 sheila barry bloomington MN 55420 US 2024-05-21 Alan Mercer Wilmington NC 20 US 2024-05-21 Kate Vierhus San Jose CA 95125 US 2024-05-21 Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 79 Melinda Theiss Wilmington NC 28412 US 2024-05-21 Joshua norton N Wylie TX 75098 US 2024-05-21 Shanelle Choi Waipahu HI 95797 US 2024-05-22 Ellen Gordon Hopewell Junctic NY 12533 US 2024-05-22 Stephanie Nune: Van Nuys CA 91405 US 2024-05-22 Susan Filler Cary NC 27513 US 2024-05-22 Lill Nahoopii Kaneohe HI 96744 US 2024-05-22 Adam Cubell Charlotte NC 28262 US 2024-05-22 Sean Preston San Clemente CA 92672 US 2024-05-23 Brandin Price Corry PA 16407 US 2024-05-23 Michael Velasqu Gretna LA 70056 US 2024-05-23 Marissa Montefo Glendale AZ 85308 US 2024-05-24 Jerry Wolf St. Petersburg FL 33713 US 2024-05-24 Ayden Melendez Winchendon MA 1477 US 2024-05-24 Lauryn Hoy Eau Claire W1 54701 US 2024-05-24 Denver Skinner Layton UT 84040 US 2024-05-26 Theresa Martine Denver CO 80022 US 2024-05-26 Sean Baker Los Angeles CA US 2024-05-26 Elaheh Ale mohE Kansas City MO 64184 US 2024-05-26 Jordan Coffin Wilmington NC 28412 US 2024-05-27 Julia Young Wilmington NC 28411 US 2024-05-27 Charlotte Mundy Wilmington NC 28409 US 2024-05-27 Isabel Bagwell Wilmington NC 28412 US 2024-05-27 David Parsons Wilmington NC 28412 US 2024-05-28 Melinda Kinsey Wilmington NC 28412 US 2024-05-28 Board of Commissioners - 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N C C � p ca m 0 Y m N L C O ul m ° ¢ E 8 m r m ca m m m m m g c ° m m @ a m v 'E Y C C L C > U C ca U= m S¢ 2 al al 3 Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 82 �02(.0C) Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 83 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, JUNE 1, 2020 PAGE 556 2. As proposed and agreed to by the petitioner, an additional westbound right turn lane shall be installed on Futch Creek Road/Market Street at its intersection with US 17. Installation of the turn lane requires approval from NCDOT and shall be constructed in accordance with NCDOT's standards. 3. The roadway connections to the three road stubs abutting the site to the north in the Vineyard Plantation subdivision shall be gated and limit access to emergency vehicles only. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner Zapple dissenting. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 4OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED APRIL 7, 1971, is hereby incorporated as part of the minutes and is contained in Zoning Book 1, Section 5, Page 82. A copy of the written public comments submitted by 12:00 p.m. on Friday, May 29, 2020 are hereby incorporated as part of the minutes and are contained in Exhibit Book XI -II, Page 11.6. PUBLIC HEARING AND DENIAL OF REZONING REQUEST BY DESIGN SOLUTIONS ON BEHALF OF THE PROPERTY OWNER, HD, LLC, TO REZONE APPROXIMATELY 74.83 ACRES OF LAND LOCATED NEAR THE 5800 BLOCK OF CAROLINA BEACH ROAD, NORTH OF THE EXISTING TARIN WOODS SUBDIVISION, FROM R-IS, RESIDENTIAL DISTRICT, TO (CZD) R-5, MODERATE -HIGH RESIDENTIAL DISTRICT, IN ORDER TO DEVELOP 499 DWELLING UNITS (97 SINGLE-FAMILY DWELLINGS AND 402 TOWNHOMES) (Z20-03) Chair Olson-Boseman opened the public hearing and requested staff to make the presentation. Planning Manager Ken Vafier presented the request by Design Solutions on behalf of the property owner, HD, LLC, to rezone approximately 74.83 acres of land located near the 5800 block of Carolina Beach Road, north of the existing Tarin Woods subdivision, from R-15, residential district, to (CZD) R-5, moderate -high residential district, in order to develop 499 dwelling units (97 single-family dwellings and 402 townhomes). The site is located in the southern central portion of the County on the eastern side of Carolina Beach Road just south of the Monkey function intersection. The property is zoned currently R-15, residential, which reflects the general zoning designation of the area with the exception of parcels fronting on or near to Carolina Beach Road, which are zoned B-2. The subject property is located just north of the existing portions of Tarin Woods II and Tarin Woods that have previously been developed. In November 2019, a proposal was brought forth to the Planning Board for a general use or straight rezoning of the site to the R-5 district, which could have allowed up to 599 units at that time. The proposal was ultimately withdrawn at that hearing and the petitioner is now proposing a conditional R-5 district with an accompanying site plan that would limit the proposal to 499 units at a density of 6.6 units per acre. In addition to the submission as a conditional district, one other change from the 2019 proposal is that the petitioner has obtained an adjacent parcel zoned B-2, which is not part of this rezoning request, but on which an egress only access point to Carolina Beach Road is proposed to offer an additional access aside from Manassas Drive to the south, and via interconnectivity through the adjacent subdivisions to points south and east, which provide connection via interconnectivity, from Sentry Oaks and Congleton Farms subdivisions. The site plan for the proposal shows a total of 97 single-family units and 402 townhomes in a mixture of duplex, triplex, and quadruplex units with secondary amenity areas and open space areas. Again, the primary point of ingress and egress is proposed via Manassas Drive and the subdivision can then be accessed and navigated internally via Shiloh Drive, Appomattox Drive, and Sweet Gum Drive from that location. The exit -only drive is on the western portion of the site to Carolina Beach Road, through the B-2 property. The proposed access point to Carolina Beach Road is proposed as a condition of approval to this request. At the March Planning Board meeting, an additional condition was recommended which provides a 50-foot buffer from the common boundaries with the Tregembo Animal Park. As currently zoned, the site could potentially accommodate 187 dwelling units at a density of 2.5 units per acre. With the current proposal of 499 units in the conditional R-5 district, this represents an increase of 312 units more than if the site were to be developed under the existing zoning district. The unit types proposed, which consists of single-family detached, duplexes, and townhomes with a maximum of four attached units differs slightly from what could be permitted in the R-15 district, which also allows mobile homes or multi -family units. In 2018, a TIA was scoped for 531 total units, again for which the associated rezoning request was withdrawn. Due to the revised unit count for this development proposal, a traffic technical memorandum was conducted to account for the scope of the current proposal to serve as an addendum to the TIA, and has been approved by NCDOT. The current proposal of 97 single-family homes and 402 townhomes are proposed to generate approximately 253 a.m. peak hour trips, 303 p.m. peak hour trips, and this estimated trip generation would be an increase of approximately 115 trips in the a.m. peak hour and 118 trips in the p.m. peak hour from what could be developed on the site under its current zoning. A principal finding of the traffic technical memorandum is that with a change in scope of the proposal, there are no additional recommended roadway improvements other than what were approved in the 2018 TIA with the inclusion of the new egress road to Carolina Beach Road. Those improvements are, as required by the TIA and the traffic technical memorandum, the installation of a northbound leftover and U-turn lane at the access to the Harris Teeter shopping center and Installation of a second westbound right turn lane from Manassas Drive to Carolina Beach Road to create dual rights. In addition to these recommended improvements, the petitioner is proposing a left hand turn lane from Manassas Drive which would go north onto Shiloh Drive, which is the first street entering the subdivision if you are traveling eastbound on Manassas Drive. The traffic technical memorandum shows a slight decrease in LOS in terms of delay in seconds at the Manassas Drive and Carolina Beach Road intersection at the a.m. and p.m. peak hours. At the Sanders Road and Carolina Beach Road intersection there is a slight decrease to the delay in seconds in the a.m. peak, and about an additional 10 second delay in the p.m. peak. Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 84 NEW HANOVER COUNTY BOARD Of COMMISSIONERS BOOK 34 REGULAR MEETING, JUNE 1, 2020 PAGE 557 Proposed improvements to Manassas Drive will also include the addition of landscaping in the median, seeding, surface improvements, widening, and a left hand turn lane into Shiloh Drive utilizing a combination of NCDOT funding and improvements from the petitioner. The traffic technical memorandum finds that approximately 70% of traffic in the proposed development will traverse through the Manassas Drive access point, while 30% will exit on the new egress drive. There were four TIAs in recent years, the details of which are in the staff report. In addition, there is one State Transportation Improvement Project (STI P), which is the improvement of the intersection of Carolina Beach Road and South College Road to a continuous flow intersection and widening Carolina Beach Road south of that intersection. Due to the impacts of COVID-19, there is no current lead date for that project. As was mentioned in the prior agenda item, staff has generated a methodology to give an approximate rate of student generation. For this project, the development can be estimated to generate approximately 120 students, which is about an additional 75 students more than if the site was developed under the existing zoning district. The Comprehensive Plan classifies the property as almost entirely within the General Residential place type with small area within Urban Mixed Use place type. Because of the general nature of the 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. The staff analysis finds that the proposed R-5 district is generally consistent with the intent of the Comprehensive Plan because the overall density of the project is in line with recommendations for a General Residential place type, in close proximity to an Urban Mixed Use growth node, it provides for a range of housing types, and it will transition densities from the portions of the property adjacent to Urban Mixed Use areas where moderate to high density multi -family and higher intensity commercial is desired to those abutting existing lower density residential neighborhoods. Staff is recommending approval of the request subject to the following conditions, two of which were proposed by the petitioner: 1) the egress drive to Carolina Beach Road will be installed in an access easement through the adjacent B-2 zoned tract; 2) the maximum number of units within the proposed conditional zoning district will be capped at 499; and 3) a 50-foot wide vegetated buffer shall be maintained on the three eastern sides of the Tregembo Zoo property. The existing vegetation shall remain within this buffer with the exception of clearing required for any essential site improvements, which include the driveway to Carolina Beach Road. The Planning Board recommended approval (6-0) of the application at its March 5`h meeting with the noted conditions. In response to Board questions, Mr. Vafier state that Manassas Drive is an NCDOT maintained road. There are 188 units that have been platted and approximately 65%ofthose have been constructed. in terms ofthe number of new homes that have been constructed in Tarin Woods, he did not have the exact number and confirmed that the request is for an additional 499 homes. Commissioner Barfield stated it is important to know how many homes have been constructed already in Tarin Woods to understand the impact on Manassas Road. He also wants to know why it was not required to be upgraded when the initial units were approved, because Manassas Drive is pretty rough and with the people who live in that area generally besides the people who live in Tarin Woods, it would not get as much wear and tear as he is sure it is getting now with the people building homes in Tarin Woods. Mr. Vafier stated in response to the earlier question, 130 homes have been constructed in Tarin Woods I and 119 homes have been constructed in Tarin Woods II, He confirmed that with this request of an additional 499 units, the total would be 747 units. As to how that will work on only two roads, Mr. Vafier responded in the traffic distribution numbers it shows that there is a slight increase in delay in seconds. The traffic technical memorandum does say that the new egress road to Carolina Beach Road will assist in the traffic distribution. in response to the second question, Mr. Vafier stated the B-2 zoned portion of this area, which is not part of the rezoning request, is anticipated to be developed by -right with B-2 uses that would serve the adjacent community such as retail shops, cafes, restaurants, etc. On the northern part of the site is a right out only and what the petitioner has discussed with NCDOT and has been conceptually approved by NCDOT, is there would be a right -in only to the commercial parcel. Then a person could navigate internally back out to the right out or turn right and go back into the subdivision. Therefore, it essentially functions as a full point of ingress and egress. As to why there could not be a second access to make it accessible both ways instead of only having Manassas Drive as an in -only access, Mr. Vafier responded it is staff's understanding that NCDOT has concerns with the proximity to Sanders Road in the location to provide a right -in, right -out. Ben Hughes with NCDOT further explained what would be introduced at that point with a right -in at the axis that is being discussed would be additional U-turns to the signal with Sanders Road. There would be an adverse effect on that signal and with a right -out only that does not happen. As to how with approximately 740 units in one neighborhood entering on only one road would work, Mr. Hughes stated that there will be a left -over into Manassas and it will now be signalized. With the signal being in place, there will be detectors in the pavement and when someone is delayed long enough, the signal will be activated for a green arrow for the leftover into Manassas Drive. As such, traffic is not backing up onto Carolina Beach Road. He also confirmed he does understand the number of units that will utilize the road. In response to Board questions if the plan is for the parking lot of the commercial development, when built, to act as a main entrance to this project to allow people to get onto the egress road to get to their homes, Mr. Hughes stated as he understands, the petitioner was going to design in such a way that traffic going into the neighborhoods would not be able to utilize that access as it would specifically be for the small commercial node. Anyone going back to the residential area would not be utilizing this access. Chair Olson-Boseman thanked Mr. Vafier for the presentation and invited the petitioner to make remarks. Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 85 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, JUNE 1, 2020 PAGE 558 Cindee Wolf with Design Solutions, representing the property owner, HD, LLC, stated this petition addresses a successful existing residential community and home construction within Tarin Woods that has been underway for over five years now and those neighborhoods are pretty much built out. There have been 118 homes already built in phase two. The boundary of the project extends north of the existing phase and is bounded on the west by the entire commercial corridor along Carolina Beach Road. Prior to the current Comprehensive Plan, the 2006 CAMA Plan was the guiding document. The lands included in this petition were already identified as appropriate for transitional development back then. At one time, there was even the Masonboro Loop Road bypass that was just scrapped at some point in time because it was known that this part of the community was going to be transitional around the Monkey Junction growth node. The land classification that we have is intended for future intensive urban growth when urban services are available. The area south of Monkey Junction to the Beau Rivage subdivision has undergone a lot of growth with the provision of both services and infill of residents. The tract is now identified as General Residential on the current plan abutting the Community Mixed Use that borders Carolina Beach Road. The plan suggests that higher densities are appropriate to support the commercial services and compact development patterns that the place type promotes. Nearly the entire western boundary of the tract is adjacent to businesses or other non-residential uses. Although the areas to the south of the subject property have been developing with single- family housing over the past couple years, there was not enough sanitary sewer capacity to continue. The petitioner paid for the new lift station that is benefiting the entire area. Increased sewer capacity now makes rezoning this property for moderate density residential a much more logical transition and more efficient land use, The master plan shown during this meeting is specific insomuch as there is a certain dedicated area to single-family housing and nothing but, and the other two attached housing units not to exceed four units in any structure. The purpose of the new R-5 district is to encourage medium density development where adequate services are already available. However, there are built-in limitations for the housing types permitted in that zone, specifically single-family, or townhomes up to four in a unit. In the past year, 118 single family homes have already been recorded and the other single family lots are preliminarily approved and in development. It is unknown what the housing preference will be in the future, but the petitioner believes that townhomes would be a logical transition. The proposed housing style could be integrated into the scheme and it would meetthe planning principles for acceptable transition between busy highway corridors and more established single-family homes beyond, in addition to the transition occurring within the existing development. Attached housing will not be beside existing single-family homes that have been bought or built and people are residing in, and there will also be buffering and transitioning within the development. If this petition is successful, and the proposed density is maximized, the area of the combination of single-family and quadruplex units will total around 740, which is a density of four to five units per acre. That coincides with the suggested maximum six units per acre for development within a General Residential place type. This concept also commits to provide additional buffering between the homes and the Tregembo Zoo with a minimum setback of at least 50-feet, rather than 20-feet, and a planted berm will be installed along for extra separation between the homes and the common property line. Townhomes are an alternative housing product and are still considered single-family homes but attached. The condition is that no more than four can be attached. The different details for the townhomes in this project add to the versatility of price point and affordability. Ms. Wolf stated that Mr. Vafier did an excellent job going through the TIA and how it has gone through the process from 2018 to the current addendums and the approval by NCDOT and the WMPO. The original TIA was completed and approved at the onset of the project for a master plan that included well over 700 units in just this phase two, which included both homes and apartments. Since then the numbers have been reduced to 200 single- family homes and 402 townhomes for a total of 602 in this rezoning petition. Also at the time of the study, Manassas Drive was substantially the only means of ingress and egress into these neighborhoods_ Much better interconnectivity, has now been provided with connections into Sentry Oaks and Congleton subdivisions, which are both means to get to Myrtle Grove Road and travel north or south on Myrtle Grove Road, in addition to the Carolina Beach Road circulation patterns. An additional egress point, as discussed, will also be north of Sanders Road. interconnectivity, provides multiple means of traversing to the local goods and services in this area, so not everyone is coming out Manassas Drive or even the egress point in and out. The Manassas Road exhibit as shown will mitigate the full build out of Tarin Woods, all of the improvements are already bonded and are in the works as actually to be completed by the NCDOT, During the NCDOT upgrade project, for normal maintenance of Manassas Drive, the extra lane will be added, landscaping has been committed, and it is all part of as homes are built certain improvements to mitigate those additional trip generations are put in place. The egress will not go through a commercial site as it will be a dedicated lane to come out. As was also pointed out, whenever the business district gets developed, they will have to give some type of a driveway for access and ingress. Those people can also always get through to the road at the north end. Ms. Wolf concluded her presentation stating that density, traffic, and stormwater are always the three big items that are talked about at all of these public hearings. Sustainabiiity of this County depends on sensible infill and maximizing use of lands already accessible to urban services. Increased density not only increases the tax base, but makes better use of existing infrastructure. This petition is not for high density development, not apartments, and not over six units an acre. It is for a moderate increase with alternative housing product transitioning along a commercial corridor. Extensive time, effort, and review has been spent by the petitioner, traffic engineers, staff, and NCDOT to assure that required infrastructure improvements will not only alleviate some of the current vehicular circulation issues, but also mitigate additional trip generation of this proposed project. This is one project that has not had stormwater management issues as areas of concern. Ponds and drainage ditches are provided throughout the project to address both the assurance of water quality and runoff control. This rezoning is consistent, reasonable and in the public interest, as the staff has pointed out in their case summary and the Planning Board voted on. It provides increased housing for infill development on an underutilized tract of land where access to utilities and improvements already exist. It is in a growth node. That is where growth should be accommodated with a variety of Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 86 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, JUNE 1, 2020 PAGE 559 housing types and price points. The proposal provides an orderly transition between existing lower density residential areas and the anticipated high density development along Carolina Beach Road. In response to Board questions about the new road and if it will be a two-lane road, Ms. Wolf stated it is only permitted at this point to be an egress and that is by dictation of NCDOT_ The petitioner would like for it to be two-way, but is restricted to it being solely an egress at this time. As to using the commercial property as access into the project and if it is egress only that cannot be done, Ms. Wolf stated if it is developed as a commercial site, NCDOT will have to give them a driveway, an access point. At that point, there is no design for the site yet, if there is a driveway in and there is the existing egress out, then circulation will be re -reviewed at that time. This is because just about any commercial on the site, which is roughly five acres, will probably initiate its own TIA requirement. However, at this time NCDOT finds it more appropriate for it to be an egress only. As to whether the road will be designed to be a two-lane road for future growth, Ms. Wolf stated the petitioner will want it to be two-lane past its egress point for the benefit of the commercial and being able to come and go without ever having to get on Carolina Beach Road. Again, until the commercial site is developed, the project is limited to the egress. It will be a one -lane road egressing the development, but it can be expanded as part of the development of the commercial site. James Yopp, with HD, LLC, stated the project was started in Tarin Woods I, which is currently 130 homes and a TiA was not required for those initial homes. A TIA was required to move forward at the 96lot count to proceed beyond that. The TIA began back in 2016 and took over two years to produce the study because there were a lot of super streets and other improvements that were going on with Carolina Beach Road. Once that improvement was actually done, his company bonded those improvements, so they could continue forward releasing single-family lots. Since chat time, they have worked closely with all parties including NCDOT and the WMPO, to tryto meet any desires and what NCDOT has asked them to do. They have, since the Planning Board suggestion, added the means of egress, even though the TIA met all the conditions of what is being asked for today in the rezoning request. They have only improved the circumstances beyond the TIA that have been acceptable from the WMPO and NCDOT, and they are following the instructions straightfrom NCDOT. He further stated his company was able to bring water down Carolina Beach Road from Autumn Care into Manassas Drive and down Appomattox Drive. Appomattox Drive was a dirt road at the end of Manassas Drive, and his company did the improvements with the super turn at Manassas Drive onto Appomattox Drive and Lieutenant Congleton Road, and the water source continued all the way into the Tarin Woods subdivision and tied into the Sentry Oaks subdivision. Improvements were also made to the interconnectivity at Anemone Lane into Sentry Oaks, which created more Interconnectivity for the subdivisions. Water services were also connected to the Deer Crossing subdivision and other network subdivisions, which had limited capabilityfor fire services and irrigation systems. With sewer, his company also did the improvements on the Intercoastal Watch subdivision lift station, tied into Deer Crossing subdivision and then were told when Tarin Woods II was coming forward, there was no capacity for sewer. As such, they built the lift station, added the force main, pumped it into a gravity line behind Autumn Care, which fed into the area behind Home Depot, which the property is very close to in proximity_ As a result, the road improvements have been not only onsite, but they've been offsite as well and they are looking at also making additional offsite improvements to alleviate traffic on Sanders Road, and the U-turns there by turning into the Harris Teeter, in close proximity to shopping centers. They are also adding a dual right coming out of Manassas Drive, which Improves that and then are installing a deceleration lane into Shiloh Road, which adds another means of egress. Currently, the Tarin Woods 11 property can be entered from Tarin Road, Appomattox Drive, and will be able to do so from Shiloh Road, but you can also come off Myrtle Grove Road in multiple locations, whether it's through Sentry Oaks or Congleton Farms subdivisions. His company also added the additional egress now through their B-2 property, which connects straight to the subdivision. They are trying to provide services for the community with means of ingress to the B-2 and the commercial sections, and then also a means of egress out onto Carolina Beach Road, a major thoroughfare. Efforts have been made to address everything in the Comprehensive Plan. He feels that has been done by making these improvements and diversified product types have been allowed throughout the subdivision. Mr. Yopp wants to make sure everyone understands the overall improvements HD, LLC has made and the other means of traffic flow that are available throughout the subdivision and it all does not have to flow out of Manassas Drive. However, NCDOT likes to concentrate things at intersections, if at all possible, and that is what his company has been asked to do. In response to Board questions, Mr. Yopp confirmed that there is now a connection onto Lieutenant Congleton Road, it is paved and accessible, and that can take a person out to Myrtle Grove Road. There is also a connection point at Sentry Oaks that has a right lane into it, which connects to the Tarin Woods subdivision. Chair Olson-Boseman stated that no one signed up to speak in favor and four people signed up to speak in opposition and invited the speakers to provide their comments: Robert Tregembo, resident of Carolina Beach Road, spoke in opposition to the request stating his family owns the zoo on the property that is surrounded by the property the petitioner owns. At the March 5" Planning Board meeting, member Boney required a 50-foot setback from his property line that was to be left natural wooded, rather than be cut down or destroyed. The reason for this is the zoo animals cannot stand big equipment around them. It upsets and scares them and they do not know what to do when there is that much close to them. According to the plan, it says 50-foot setback from the nearest structure, but member Boney said 50-foot of uncleared land and then after that the petitioner can worry about what they are doing. On the plan is also a six-foot landscape berm planned along the property line, if the petitioner does that, they are going to have to tear out all the trees and that will scare the animals terribly and he does not understand that part of it, but guesses it is just some of their plans. His family has been on his property for 68 years with a zoo and basically the petitioner wants to put the egress road Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 87 NEW HANOVER COUNTY BOARD Of COMMISSIONERS BOOK 34 REGULAR MEETING, JUNE 1, 2020 PAGE 560 right along the property line all the way to the highway. That is the southern border of his property and then the map shows a possible future connection on his property's northern border, which if they cut all those trees down is going to scare the animals. He invited the Board to come to the zoo to see the property to understand what he and his family are concerned about, Commissioner White stated he does not know if he supports or opposes the project yet He asked Mr. Tregembo if in the event the project were approved, would there be costs or an opportunity to relocate the animals for a short period of time while the buffers are applied or if he was suggesting the animals would be permanently disrupted from the moment that the development began until it ended years later. Mr. Tregembo responded over the years, other people have awned this same property behind him that this petitioner has now. When prior owners have come in with larger equipment, such as bush hog equipment, etc. it has scared the animals quite a bit and it did not matter which side of the property they were on because the zoo area itself is only 400-feet wide. As to how he has buffered the animals from Carolina Beach Road, Mr. Tregembo stated the larger animals are not up front. There is a duck pond and the like in the front that Carolina Beach Road does not bother as it would zebra, giraffe, etc, which are further into the back. Over the last 50 years, it has always been said and he has always been told the area behind the zoo is wetlands and would never be developed. When he has tried now to ask someone if it is wetlands or not, he cannot get a response from the US Army of Corps of Engineers, County Planning Department, etc. so he really does not know the answer. However, the property behind his is wet. In response to Board questions, Mr, Tregembo stated his family has owned the property since 1952. Chass Hood, resident of Liberty Landing Way, spoke in opposition to the request stating she previously dropped off a petition signed by 229 people asking for this property to not be developed as high density. The 747 units does not include the Covington subdivision and all those residents use Manassas Drive as do the Battle Park residents. Manassas Drive is a very small road and now there are four entrances to it because the Tarin Woods petitioners put in two more entrances. There are buses that drop the children off and stop traffic, which backs up traffic on Carolina Beach Road as you cannot pass a bus. Rezoning In this area is not in the public's interest and there will be negative impacts on the existing infrastructure. Adding thousands of residents in this small 75-acre area will create an eyesore with 1,000 plus cars completely out of character to the surrounding residential area. it will create even more traffic congestion on already overused roads on Manassas Drive, Carolina Beach Road, and College Road. it will place residents at undue risk by further congesting their only escape route in case of hurricanes or other climate disasters. Increased pollution with the added traffic will seriously threaten the health and well-being of the community's treasured Tregembo zoo animals, which the proposal does not adequately protect with a reasonable buffer zone. 50-feet is not reasonable with wildlife animals; it's unacceptable as a buffer for both the wild animals and the future residents who will be woken up regularly in the middle of the night with lion roars and other animals calling out as they do now. Rezoning in this area will create an overburdening situation with the four schools already at capacity. High density building in this residential area is not logical or efficient or reasonable as suggested and just because a forest area exists does not mean it should be gutted and filled in with high density building. There is only about 13% of forest lands left in New Hanover County. Due to overdevelopment, and thoughtless destruction of our lands, not only does continued gutting of our forests areas create more pollution, it aids in the destruction of indigenous species. It is more logical to protect the environment and control growth so that quality of life, clean air, personal safety, and community integrity remain at the forefront of all development. At the very least, a moratorium on a rezoning decision should be put in place until decisions about the area's traffic, school schedules and enrollments are made, and community changes are set. She asked the Board to vote no on the rezoning or postpone any decisions on this issue until the beginning of 2021 when new schedules and procedures are solidified, and thanked the Board for serving the community. Bob Boldt, resident of Riddick Court, spoke in opposition to the request stating he lives in Tarin Woods I where there are 130 homes. He thinks Commissioner Barfield stated it best when he asked how 747 homes work. It does not with only one-way in. As to getting out onto Lieutenant Congleton Road, there are 188 homes being built in Congleton Farms. Add that to Covington and Tarin Woods, there are way too many cars coming in with no way to go. He is not opposed to the development, he just opposed the number of developments going on. Caroline Rittenhouse, resident of Canopy Way, spoke in opposition to the request stating she is also a resident of Tarin Woods I and everyone before her spoke about the same concerns she has. She wanted to be in attendance to represent the opposition to this development and does not want Wilmington to become a concrete jungle. Traffic is also a big concern and she would like for the Board to take that into consideration. Chair Olson-Boseman announced that the petitioner and opposition would each have five minutes for rebuttal. In petitioner rebuttal, Mr. Yopp stated the additional rezoning district is for R-5, which is on approximately 75 acres of the property. The total, which could be eight units per acre, has been reduced to about 6.6 units per acre. This is a 100-unit deduction in what his company designed for this area. When talking about the total number of homes, which was not a part of the initial Tarin Woods 11, overall there are 176 acres that you would see before you right now and that is the 747 homes and brings it to 4.2 units per acre. The 75 acres involved in the rezoning today is that transition period going to the commercial nodes. As to Mr. Tregembo's concerns, he does understand them and he was born and raised in Wilmington as were his parents, and all are familiar with the zoo. His company has reached out to Mr. Tregembo multiple times and also went through the Planning Board's recommendation and approval and it was decided the buffer would be increased to 50-feet. Currently, building can be within 20-feet of the zoo and his property line. The fence line for the animals is on the property line, so Mr. Tregembo created no Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 88 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, JUNE 1, 2020 PAGE 561 buffering at any time for the zoo animals. This project is providing that by adding the buffer to make it 50-feet in this conditional rezoning district. He feels the accommodations are being made and he is willing to speak with Mr. Tregembo again about the best way to move forward to not to scare or harm the animals. He went to the zoo as well as a kid and is very familiar with the site and the family. His company wants to work with Mr. Tregembo, if he is amenable to it. There will possibly have to be within the buffer some utilities and things of that nature in moving forward with some parts of the stormwater design, infrastructure designs, etc. which are being discussed now and rebutting. He feels there are multiple means of egress, multiple adjacent transition areas to commercial, B-2 access to the commercial properties, and there are future connections that can possibly occur to the north that may come up at a later date. This is part of the TIA study and is a part of what they have been designing at this time. As his company moves forward with the property that goes behind Home Depot an additional study will have to be done with the possibility of having to provide additional means of egress and ingress in that property. He feels his company has done everything that has been asked by staff and the Planning Board. Efforts have been made to accommodate all residents inside the community as they transition behind Strickland's Surplus, a warehouse facility, a strip maH, the Zoo, Autumn Care, and abutting next to other commercial nodes. Ms. Waif stated this is not a high density request. It is medium density. What is being looked at today is consistent with the Comprehensive Plan, what is recommended for the future of the County, and the infill that is known to be coming. There are other members of the petitioner group present to discuss the diversified product needs, collector and commercial nodes, the TIA, infrastructure improvements, stormwater, etc. In opposition rebuttal, Ms. Hood stated during the Planning Board meeting, the chairman wanted a 100- foot buffer and the petitioner fought it. The 50-foot buffer is what was settled on. The residents feel that Mr- Yopp is doing this for his own profit and not for the residents. Anything not clearly stated will be taken advantage of and she asked the Board to look at all of it because once the development occurs, it is gone forever. Packing everyone in is not conducive to a high quality of life. Hearing no further discussion, Chair Olson -Baseman closed the public hearing and opened the floor to Board discussion. in response to Board questions, Mr. Varier stated the wetlands have been preliminarily evaluated and there have been some areas of wetlands to be found on the site. Once the project gets to the Technical Review Committee (TRC), that is when the wetlands are required to be delineated in full and the petitioner will have to make the necessary site plan adjustments to avoid impacts to the wetlands. He confirmed that staff does believe the zoo fence is very close to the property line. Commissioner Barfield stated his biggest concern Is the cumulative effect of the number of homes being added to what is already there and how to do you get that many people out of the neighborhood. If you are looking at 700+ units, how do you get that many people out in the morning for those going to work? He is sure they are not all going to work at the same time, but it is still 747 units to figure out how it will work. Also, with the additional drive going in for exit only, it is a one -lane road which meansthat you cannot utilize that to also get in. Most of these people will turn right to go into Wilmington proper as that is where most of the jobs are in that section of the County. He does not see that many going towards the Carolina Beach area for work because there is not much work in that area other than the NHCS building. Commissioner Zapple asked Mr. Vafier to correct him if he was wrong, but his understanding from the TIA is that this project will have a one-way driveway that comes out onto Carolina Beach Road with a stop sign at the end of the driveway. It is anticipated that vehicles will transition onto Carolina Beach Road where traffic is running 50 to 60 miles per hour, particularly in the mornings. He asked if any consideration was given, with it being anticipated that roughly 30% of the neighborhood will use this exit to go north onto Carolina Beach Road, the danger of having that many cars pull out onto the road without a signal. Mr. Vafier responded that staff did speak with Mr. Hughes about it prior to the hearing and the indication is that putting an acceleration lane there creates an unnecessary merge and an additional point of conflict with the oncoming traffic. Mr. Hughes stated acceleration lanes are specifically reserved for more of a freeway, on -ramp type situation and would create an unnecessary point of conflict when a driver is looking back over their shoulder, as well as there being conflicts with the existing driveways that are already along Carolina Beach Road. From a safety standpoint, it would not be something they would be able to do. Commissioner Zapple asked Mr. Hughes If there was a new LOS called "G" as it was mentioned in the TIA and if that was now a worse LOS category than "F", as it was mentioned a few times In the document. Mr. Hughes responded that it was probably a typographical error, there is no LOS below "F", and when mentioned in the report should be read as an LDS of "F". As to how an intersection can reach a capacity utilization of 104%as it is stated in the TIA, Mr. Hughes stated with the LOS, there is a range and there cannot be a worse level of service. Essentially, it is measured in seconds of delay. It is correct that this percentage would represent a substantial delay in the intersections referenced at 104% and 102% in the TIA. Commissioner Zapple asked Ms. Wolf to provide clarification on if the project was for 602 units or 499 units. Ms. Wolf explained the project proposal is for a combination of single-family and attached housing, 499 total, but of those the petitioner has committed 97 single-family homes which are buffering existing family homes. The 602 is when you start adding in the units in phase two that have already been developed. The overall development is at 4.5 units an acre. Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 89 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, JUNE 1, 2020 PAGE 562 Commissioner Zapple asked Ms. Wolf to go over again all the alternate sources of connectivity. She stated the important thing is there is not only Manassas Drive, the future egress point, but the fact that Congleton is open, the Sentry Oaks connection is there, and there are multiple ways in and out. As to whether Rosa Parks Lane, which is a dirt road, is meant to be a future connection, Ms. Wolf stated that one of the things that has been discussed is to the north there is Kings Highway that is beyond the limits of this particular proposal, but is part of the adjacent land owned by the same person. Rosa Parks Lane is a private right of way and at this point there is not the ability to make the connection- Based upon County subdivision regulations, there would be a stub for a possible future connection. There are other options for future connectivity, but the petitioner is working with what is available right now. Commissioner Zapple stated he appreciates Mr. Yopp and his company bringing water and sewer to this area and improving the road conditions. Mr. Yopp stated they are looking forward to hopefully continuing those improvements in the TIA study that they are bound to and have bonded, which they were directed to do by NCDOT. After the Planning Board meeting, Mr. Hughes stated while he understood what the Planning Board desired, NCDOT continued to desire it to be an egress at this time and then an ingress into the commercial section. His company is following exactly what is being asked of them to do by NCDOT and the WMPO. They are also looking to further the interconnectivity as they move further north on the project. By adding the egress, the queue has been reduced coming from Manassas Drive and coming onto Carolina Beach Road by 5.5 seconds and 55 feet a queue in the a.m. peak hours and the p.m. hours it is reduced by 15 feet a queue. He thinks the egress is a positive thing. Tim Lowe With Davenport Engineering confirmed that Mr. Yopp was correct with the additional egress, the queue will be reduced and the delay atthe intersection, by the addition ofthe additional westbound right turn lane, improves the delay at that intersection. Commissioner White stated everyone appreciates the work the Planning Board puts in and he thinks it is fair to say those members put in multiple more times than the Commissioners do on the ordinances. Scrutinizing them, making these applications better, vetting, and sorting through the various things. Ultimately, the decision rests with the Board here, but the Planning Board spends a lot more time on it than this Board does. That is why they exist and the members represent the community very well. He is thankful for all they do. His personal approach to these things is to try to give a presumption to the Planning Board when they recommend something and that means he looks for opportunities to support what they recommend. He does not always agree and sometimes evidence is presented that rebuts that presumption and he goes against them. In this particular application, he is very mindful of Mr. Tregembo's concerns about his animals. He does not like to hear that, but he is also swayed a little bit by the fact that the fences are on the property line and by the fact that whether Mr. Yopp, out of benevolence or out of being forced to by the Planning Board, will put in a 50-foot buffer. He thinks that is something in Mr. Yopp's column. He is not thrilled with this project and really cannot really think of many projects in his time on this Board that are perfect. However, this Board is sending inconsistent messages to the Planning Board and the County staff who spend an awful lot of time on our Comprehensive Plan if it does not recognize what it is that was trying to be accomplished in the Comprehensive Plan. Maximizing density where it makes sense, trying to do so at a time that mitigates impacts to infrastructure that is sometimes behind, not always, and he guesses that is a long way of saying this is a close call for him. At times during this presentation he was for it, at times he was against it, and then would be for it again. At this point, he will make a motion for approval. Hearing no further discussion, Chair Olson -Baseman asked for direction from the Board on the request. Motion: Commissioner White MOVED, SECONDED by Vice -Chair Kusek to approve the proposed rezoning to a (CZD) R-5 district. The Board finds it to be consistent with the purposes and intent of the Comprehensive Plan because it provides for a range of housing types, and it will transition densities from the portions of the property adjacent to Urban Mixed Use areas where moderate to high density multi -family and higher intensity commercial is desired to those abutting existing lower density residential neighborhoods. The Board also finds approval of the rezoning request is reasonable and in the public interest because the overall density of the project is in line with recommendations for a General Residential area in close proximity to an Urban Mixed Use growth node and with the following staff suggested conditions: 1. The egress drive to Carolina Beach Road will be installed in an access easement through the adjacent B-2 zoned tract. 2. The maximum number of units within the proposed conditional zoning district will be capped at 499. 3. A 50-foot wide vegetated buffer shall be maintained on the three eastern sides of the Tregembo Zoo property. The existing vegetation shall remain within this buffer with the exception of clearing required for any essential site improvements, which include the driveway to Carolina Beach Road, Commissioner Zapple stated again his comments go to the point about the Comprehensive Plan and addressing the issue of adding density into an area that does not have, in this case, the transportation infrastructure to support it. Adding this number of vehicles onto Carolina Beach Road that will come as a result of this, and It Is has an LOS of F. There are too many cars running there and we are about to put in another 499 new units there without having a proper way for them to get In or out- Also troubling in this, is the sense of piecemealing the approval of these projects. Nowhere has there been a discussion of how much has been approved as we march right down the whole southern part of Monkey Junction. Add the aggregate of all of these new developments going in there, that Is why we have such an enormous number of cars that are using Carolina Beach Road. That's the main thoroughfare as it is the only way to get north and south, yet we continue to add more and more there. He cannot support this request the way it is now. He understands the density and is supportive of the Planning Board and Planning staff when they say we need more density. He agrees with that, but not in areas that are already overburdened and Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 90 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, JUNE 1, 2020 PAGE 563 without the proper infrastructure in place to make It happen. Those areas that have not been built out and have the adequate infrastructure, absolutely, we need the density that we now have by adding R-5, R-7, and R-10. Good work was done on the project, but it is too many more units onto a suffering and impaired highway system, which in this case is Carolina Beach Road. Chair Olson-Boseman stated that she agrees with Commissioner Zapple. Hearing no further discussion, Chair Olson-Boseman asked for a vote on the motion on the floor. Upon vote, the MOTION FAILED 3 TO 2. Chair Olson-Boseman, Commissioner Barfield, and Commissioner Zapple dissenting. A copy of the written public comments submitted by 12:00 p.m. on Friday, May 29, 2020 are hereby incorporated as part of the minutes and are contained in Exhibit Book XLII, Page 11.7 PUBLIC COMMENT ON NON -AGENDA ITEMS Chair Olson-Boseman reported that no public comments were received. ADDITIONAL AGENDA ITEMS OF BUSINESS Chair Olson-Boseman stated she would like to take a moment to acknowledge the recent passing of Dorothy "Dot" DeShields. As most know, Ms. DeShields was born and raised here in Wilmington, received her Masters of Education from UNCW, was a teacher and principal in Pender County, and a principal at Gregory School in New Hanover County, She was passionate about teaching and was committed to serving the children of this community throughout her career in the school system. Her leadership, as well as her vision to continue improving education in this community, was also seen in her work with staff to develop and successfully open this County's first magnet school, the Gregory School of Science, Mathematics, and Technology, which is now known as the international School at Gregory. During her retirement, Ms. DeShields continued serving this community and its children by serving as a member of the New Hanover County Board of Education from 2004-2012, She was a loving wife, mother, grandmother, ardent supporter of education for all, and a servant leader. She will be truly missed by this community and our hearts and prayers are with her family and friends during this time. Chair Olson-Boseman stated when she was in the NC Senate and Ms. DeShields was a school board member, Ms. DeShields contacted her and was not only concerned with the education of our youth, but was also concerned about their safety. Ms. DeShields asked her to pass a law to extend the safe zone around schools where drugs are not allowed from 300 Feet to 1,000 feet to capture some more areas in New Hanover County. With that encouragement, a law was passed and it is now a Class E felony to have drugs within 1,000 feet of a school. She will always appreciate Ms. DeShields' for her encouragement and support. ADJOURNMENT There being no further business, Chair Olson-Boseman adjourned the meeting at 8:19 p.m. Respectfully submitted, Kymberleigh G. Crowell Clerk to the Board Please note that the above minutes are not a verbatim record of the New Hanover County Board of Commissioners meeting. The entire proceedings are available for reviewand checkout atoll New Hanover County Libraries and online at www.nhcgov.com. Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 91 Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 92 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, MAY 1, 2023 PAGE 741 A copy of the preliminary assessment roll and confirmation of assessments document is hereby incorporated as part of the minutes and contained in Exhibit Book XLIX, Page 9.9. PUBLIC HEARING AND DENIAL OF REZONING REQUESTZ23.03 BY 1AMES YOPP WITH RIVER ROAD CONSTRUCTION, LLC AND HOOSIER DADDY, LLC, APPLICANT AND PROPERTY OWNER, TO REZONE 29 PARCELS TOTALING APPROXIMATELY 42.10 ACRES OF LAND, INCLUDING 5741 CAROLINA BEACH ROAD AND 18 UNADDRESSED PARCELS ON SHILOH DRIVE NORTH OF MANASSAS DRIVE, FROM R-15, RESIDENTIAL TO (CZD) R-5, RESIDENTIAL MODERATE HIGH DENSITY FOR 10 SINGLE-FAMILY RESIDENTIAL LOTS AND 327 RESIDENTIAL TOWNHOMES WITH ASSOCIATED OPEN SPACE AND AMENITY CENTER Senior Planner Robert Farrell presented the rezoning request stating that the applicant is requesting to rezone approximately42.10 acres from the R-15, Residential district to a Conditional R-5, Residential Moderate -High Density zoning district. The rezoning request was continued from the April 3, 2023 meeting and as the application is for a conditional rezoning, conditions can be applied to the request in agreement with the applicant. The site is located at 5741 Carolina Beach Road and was originally zoned R-15 in the 1970s. At the time, the purpose of the district was to ensure housing densities remained lower due to the need for private wells and septic systems. Since that time public water and sewer services have become available in the area. Mr. Farrell presented aerial photos of the site, showing different angles of the property and examples of development in the R-15 district, including attached or townhome structures. The overall concept plan consists of 10 single-family lots and 327 attached dwellings, such as quadruplexes, triplexes, and duplexes.To address concerns about the density of the plan, it can be divided into two interconnected sections. The southern portion, situated at Shiloh Drive and Manassas Drive, encompasses a total of 104 dwelling units, consisting of triplexes and quadruplexes. This area will connect with existing road stubs at Sweet Gum Drive, Sand Ridge Avenue, and Black Ash Run in the Tarin Woods subdivision, allowing multiple access points throughout the development. There is also a proposal to extend Shiloh Drive northward to connect with an adjacent commercially zoned parcel on Carolina Beach Road owned by the applicant. Although the commercial services on the adjoining parcel are not part of the rezoning consideration, they would be accessible through the connection. The concept plan also includes a design where the attached single-family units are positioned perpendicular to the rear of existing houses, reducing potential visual impacts as a condition of the project. For the northern portion of the project, there are 10 single-family residential lots transitioning from Tarin Woods to a combination of quadruplexes and triplexes, totaling 224 residential units. A new access road is proposed to provide a continuous connection from Carolina Beach Road, through the development and Tarin Woods, to Manassas Drive and back to Carolina Beach Road. Additionally, there will be an additional access route east to Myrtle Grove Road. The placement of the proposed attached housing along the Ironwood Drive extension aims to minimize individual driveways and establish the road as a connector between Carolina Beach Road and Tarin Woods. The proposed development falls under the R-5 zoning district, which mandates sidewalks on both sides of the roads within the development. Access is proposed at Manassas Drive, an NCDOT maintained secondary road from Carolina Beach Road, an NCDOT maintained urban principal arterial highway, and a new proposed access road into the northern portion of the site parallel to Rosa Parks Lane. Access at Manassas Drive is right-in/right-out onto Carolina Beach Road with light -controlled left turn access onto Manassas Drive from Carolina Beach Road_ The newly proposed access to the north of the site will also be right-in/right-out. The proposed northern access road is currently under review by NCDOT and would increase internal circulation for existing developments and help mitigate additional traffic on Carolina Beach Road between The Kings Highway and Manassas Drive. As to trip generation for the site, the proposed development would generate approximately 170 AM and 200 PM peak hour trips. New developments that are anticipated to generate more than 100 trips during any peak hour are required to submit a Traffic Impact Analysis (TIA) as part of their rezoning application. The approved TIA analysis was for more dwelling units and more peak hour trips than the development under consideration as it reduces the peak hour trips by 33 AM and 54 PM. While the intensity of the proposed development is less than what was analyzed by the TIA, the applicant has included a condition guaranteeing the construction of all roadway improvements required by the TIA. The proposed development will be built over three phases with several roadway improvements including a new access road, turn lanes, and a U-turn lane on Carolina Beach Road. The TIA also requires the developer to construct a future third access into the site meeting NCDOT roadway standards. Currently, that access is anticipated to consist of a connection to adjacent commercially zoned property. While this improvement is not fully included as part of the conditional rezoning application the applicant has included a condition requiring the future construction in accordance with the TIA. There are three approved subdivisions, three approved TIAs, and two State Transportation Improvement (STIP) projects in the nearby area. Project U-5702-B focuses on access management and travel time improvements along College Road between Shipyard Boulevard and Carolina Beach Road, with right-of-way acquisition and utilities scheduled for 2025. Project U-5790 aims to widen Carolina Beach Road from College Road to Sanders Road, including intersection improvements at the Monkey Junction Intersection, with right-of-way acquisition and utilities planned for 2029. The proposed project is situated on a major arterial highway that is currently experiencing overcapacity, and the Monkey Junction intersection improvement project has faced delays_ The applicant has obtained TIA approval from the NCDOT and Wilmington Metropolitan Planning Organization (WMPO), which mandates various roadway improvements. These improvements include constructing a new paved access road to Carolina Beach Road and establishing a connection to a commercial parcel along Carolina Beach Road. The development will have internal connections with other neighborhoods, allowing for access to Myrtle Grove Road via Lt. Congleton Road, but it does not connect to the commercial service node southeast of the Monkey Junction intersection. Considering the current general student generation rate, the proposed development is expected to result in approximately 51 additional Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 93 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, MAY 1, 2023 PAGE 742 students compared to the number generated under the current zoning. This generation rate is annually updated using actual student numbers provided by the school system and provides an overview of the likely number of students each new residential unit would yield countywide. It considers that most new residential units in the County do not accommodate a large number of school -age children. The proposed attached housing type serves to increase housing diversity in the area while acting as a suitable transition between the commercially zoned Carolina Beach Road corridor and the lower -density Tarin Woods subdivision. This subdivision, In Lurn, acts as a buffer for even lower -density residential development towards Myrtle Grove Road. The property is situated south of the Myrtle Grove shopping center and Monkey Junction commercial node, providing access to various services, amenities, and educational and employment opportunities. The proposed concept plan includes a new site access road that would serve as an internal connector for existing and proposed residential developments in the vicinity. The 2016 Comprehensive Land Use Plan (Comprehensive Plan) designates the property as General Residential and Urban Mixed Use, recognizing that sites near the boundaries between place types can be appropriately developed based on site -specific features and evolving development patterns in the surrounding area. The subject parcels are located between existing lower -density residential neighborhoods to the east and the Carolina Beach Road commercial corridor to the west, which is envisioned for more intensive Urban Mixed Use development. The proposed attached housing type contributes to housing diversity, acts as a suitable transition between existing commercial and residential areas and provides infill development that can support the existing Monkey Junction commercial node. The proposed roadway additions and improvements enhance connectivity and offer opportunities for vehicles to exit Carolina Beach Road earlierto reach their destinations. Mr. Farrell concluded the staff presentation stating that the Planning Board considered this application at its March 2, 2023 meeting and recommended denial (7 — 0) of the proposed rezoning, finding it consistent with the Comprehensive Plan however finding denial appropriate due to inconsistency with the desired character of the surrounding community and potential for adverse impacts on adjacent neighborhoods. Staff found the request generally consistentwith the Comprehensive Plan and recommends approval because the proposed density, housing type, and increased interconnectivity are in line with the recommendations of both the General Residential and Urban Mixed Use place types and the proposed development acts as an appropriate transition between existing commercial and residential use in the area based on the policy guidance of the Comprehensive Plan, zoning considerations, and technical review. The applicant has agreed to four additional conditions related to reducing visual impacts on adjacent properties, roadway improvements, access, and stormwater. Staff have received several additional comments regarding the application which were provided to the Board earlier today. If approved, the project would be subject to review by the Technical Review Committee (TRC) and zoning compliance review to ensure full compliance with all ordinance requirements. Planning and Land Use Director Rebekah Roth responded to questions concerning the difference of opinion between the Planning Board and Planning and Land Use staff on submitted applications. Staff review of an application is primarily based on consistency with the Comprehensive Plan and ensuring that all technical considerations are met. Unless the Board of Commissioners has adopted a specific policy, staff does not consider issues beyond that scope. As a recommendation body, the Planning Board does consider a broader scope of information including public hearing speakers in favor or in opposition to an application. As such what the Planning Board considers is different as staff is tied to the established policy. Planning Board member Jeff Petroff responded that the Planning Board normally does side with the staff recommendation. However, the staff recommendation is made before the public hearing is held. During the public hearing, the Planning Board sees information from the applicant and/or from their experts that has not yet been presented to staff. The Planning Board has seen the subject property several times. The applicant has made some changes and improvements but there was still some hesitation mainly due to the density and a future development tract as shown in the master plan that is not accounted for that could bring additional unknown densities. As to whether the Planning Board tells an applicant what needs to be changed to receive an approval recommendation, Mr. Petroff explained that the applicant is given the opportunity to withdraw or table after hearing the discussion before there is a vote. Chair Rivenbark thanked Mr. Farrell for the presentation and invited the applicant to make remarks. James Yopp, representing River Road Construction, LLC and Hoosier Daddy, LLC, provided an overview of the submittal process and stated that the presentation being made to the Board of Commissioners is the same as the one made to the Planning Board. The initial lots in Tarin Woods were sold in 2013, and his company privately made infrastructure improvements such as water, sewer, stormwater, and roads from Autumn Care on Carolina Beach Road through Battle Park to the Deer Crossing and Sentry Oaks subdivisions. The improvements led to the development of Covington and Congleton Farms subdivisions, emphasizing the intention to connect commercial and retail services while offering diverse housing options through transitional growth. There have been numerous changes to improve the proposed rezoning project based on public interest recommendations. This is the second time the specific site has been brought forward to the Board of Commissioners, and the current proposal features lower density, increased means of ingress and egress, proximity to pedestrian commercial services, enhanced open space and buffers, strategic building placements to minimize the impact on neighboring properties, minimal driveways on collector roads, community amenity packages, reduced construction traffic impacting current residents, availability of natural gas, and improved high-speed Internet services. He provided an overview of the Tarin Woods location relative to the Monkey Junction growth node, school locations, and different traffic patterns for accessing the schools through multiple routes. lie compared the original proposed site in 2019, which was almost 75 acres, to the current proposed site, which is 42 acres, highlighting its proximity to various transitional zoning Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 94 NEW HANOVER COUNTY BOARD Of COMMISSIONERS BOOK 35 REGULAR MEETING, MAY 1, 2023 PAGE 743 districts along Carolina Beach Road. The original plan in 2019 had higher density and received a recommendation for approval from the Planning Board but was later denied by the Board of Commissioners with a 3 to 2 vote. He discussed the means of ingress, egress, and connectivity in the current proposed project, along with the improvements made on Manassas Drive and connections to the development's commercial services. He described the completed improvements on Manassas Drive, including dual rights going out, the new exit being the third exit and ingress to the commercial site just south of the zoo, and the location of the main ingress and egress as shown on the new plan. He also addressed the thoroughfare and traffic improvements on Carolina Beach Road at the intersection with Manassas Drive, highlighting the deceleration lane that also turns into Shiloh Road. He proceeded to discuss the traffic studies conducted in 2019, and 2022, and the conditional studies for the 2023, 2024, and 2026 build -out phases. New site -specific study locations were completed in the TIA to determine new means of ingress and egress while considering existing conditions. He then requested Don Bennett to provide information on the traffic studies. Don Bennett, Senior Transportation Engineer with Davenport, stated that the subject site has undergone multiple studies, and the previous updates highlighted the need for dual rights coming out of Manassas Drive and the installation of turn lanes, including a new left turn Into the Beau Rivage shopping center. These improvements were designed and approved to accommodate a higher intensity of development than what is currently being presented. If the by -right traffic is built, access to Carolina Beach Road would likely not be included. He noted that the by -right trips solely using Manassas Drive would result in increased traffic on Manassas Drive compared to the proposed site plan. Additionally, there were concerns about the timing of the traffic counts conducted in the study. To address this, new data was collected in December 2021, which is typically a lighter month for the area. However, a count taken at Carolina Beach Road and Sanders Road on September 2, 2021, during the scoping process was provided. In the TIA, counts taken on different days are balanced, meaning that the traffic leaving one location is adjusted to match the highest traffic count location in the corridor. The current TIA considered two critical factors. First, morning counts were taken on September 2ntl when school was in session, representing Carolina Beach Road during school drop-off and pick-up times. The volumes were balanced away from Carolina Beach Road and Sanders Road to capture the traffic of parents driving to and from schools before continuing to work. Second, September 2nd was the Thursday before Labor Day, and the PM counts likely captured the increased traffic of people heading to the beach for a four -day weekend. These PM counts were balanced up to the Sanders Road intersection to represent a worst -case scenario of seasonal or tourist traffic counts. Considering all these factors, additional improvements focused on enhancing and providing the necessary infrastructure to accommodate access to and from the proposed new access north of Rosa Parks Lane. A TIA was conducted, approved, and the approval letter reflecting the recommended improvements has been included in the meeting packet. Howard Resnik, Engineer with CSD Engineering, provided an overview of the new northern connection (north of Rosa Parks Lane) providing access to the site and the stormwater management design with three stormwater ponds designed to meet the state and local requirements. The total estimated combined cost associated with the improvements approaches $4 million. It demonstrates the investment Mr. Yopp is willing to make to serve the site as well as any future construction. Again, the design intent is to provide additional access to the site associated with the rezoning as well as meet stormwater management requirements. Mr. Yopp provided an overview of the proposed rezoning and how it meets the Comprehensive Plan. He also reviewed the proposed housing diversity for the project, the commercial district, and connectivity with pedestrian traffic, non -vehicular traffic needs, and walking distances to coffee shops, pizza, and other potential businesses. He reviewed the existing Tarin Woods amenities and what is being planned, if approved, for future amenities. An additional meeting was held after the Planning Board meeting to answer any questions or concerns received from the Tarin Woods residents. He stated that what he is presenting is how through private investment the County can improve the current situation and conditions. The County is the economic engine of southeast North Carolina and in return takes on impacts from surrounding counties and visitors. He feels others should be provided with the opportunity and affordability to live in the County. Great strides have been made to meet those demands of water, sewer, stormwater, roads, education, and economics. Many of these investments come from the private sector. While not perfect, this community is a place all choose to live, visit, and enjoy life. Chair Rivenbark announced that six people signed up to speak in favor and eight people signed up to speak in opposition to the request. He stated thatthe opposition speakers would have a total of 15 minutes to speak. Chass Hood, a resident of Liberty Landing Way, Wilmington, NC spoke in opposition to the request stating that Mr. Yopp did not change his plans after hearing from the Planning Board that he needed to reduce the density of his building and instead filed his application with the same plan for consideration by this Board and refuses to change it. Even though he installed two turn lanes, Manassas Drive cannot be enlarged, which is one of the issues. The other is the overcrowding at the schools and the schools cannot manage any additional students at this time. She also noted the increased traffic and how there is a lack of infrastructure that has never caught up with development. She asked that the Board deny the rezoning request. Vivian Radecsky, a resident of Appomattox Drive, Wilmington, NC spoke in opposition to the request stating that the traffic count was taken during covid and is not accurate. She claimed that her home value has decreased due to theTarin Woods development. She expressed concerns about the project's density, the removal of vegetation for the Tarin Woods projects, and the traffic congestion since the subdivision has been built. She asked the Board to deny the rezoning request. Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 95 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, MAY 1, 2023 PAGE 744 Lena Boykin, resident of Rosa Parks Lane, Wilmington, NC spoke in opposition to the request stating that there has been a change in the landscape since the Tarin Woods development started being built. She now has water in her yard, the moisture level is higher, and there is now an issue with rats. She asked the Board to take into consideration the people that live in the surrounding neighborhoods. While she knows progress cannot be fought but if members of the Board have been around for a long time, invested in their property and invested in the community as she has, then they should give some consideration to others. Shawn Bunge, resident of Tarin Road, Wilmington, NC spoke in opposition to the request stating that the school student ratio is false. There are currently 350 homes in the subdivision with 390 students per New Hanover County Schools (NHCS) transportation department. That equates to seven buses in the morning and seven buses in the afternoon. If the proposal is to build another 337 homes at one student per home, the NHCS transportation department is also saying that there will be an additional four buses in the afternoon and four buses in the AM for a total of 11 buses coming in and out of the community. In addition to his safety concerns, it has been shown that two traffic studies were inconsistent with the timeframes of the traffic itself. His safety concerns revolve around emergency evacuations, and he provided an overview of the 2014 study on evacuation routes in the County. He expressed concerns about the current infrastructure not being able to support the rezoning request. There are a lot of issues hampering the project such as the nearby school that will not allow access to The Kings Highway which prohibits the building of walking trails or anything else because that is preventing the Comprehensive Plan's support for interconnectivity. Although it is only 42 acres, he expressed concerns about Mr. Yopp's plan for the other 30 acres if the current rezoning request is approved and the density is already over the maximum amount. Michelle O'Brien, a resident of Appomattox Drive, Wilmington, NC spoke in opposition to the request in terms of the safety of human life for the infrastructure. The TIA data being used is from December 9, 2021 during the height of the pandemic, and that December and January are the lowest traffic months in the year. Since that time there have been hundreds of new buildings added in the area. The same TIA does not include seasonal traffic counts. Her understanding is that a TIA must be completed and included with the application. The current TIA on the website is an unsealed draft while the letter from the WMPO dated July 27, 2022 references a sealed draft of June 9, 2022. It is unclear if this is the same TIA or if there are changes in the final sealed version. Failure to provide clear access to the information the Planning Board and Commissioners are relying on in making its decision also deprives the public of the information needed to understand the impact of this proposal. She expressed concerns about being able to evacuate during a hurricane efficiently and safely. She commented on the over 200 opposition comments that were submitted about the rezoning request. She concluded her comments stating that skipping past the work to give a developer whatever they want, even if it appears to be a compromise is an insult to those who work on the Board and the many citizens who participate in the project. Gayle Tabor, resident of Shiloh Drive, Wilmington, NC spoke in opposition to the request stating that the development of Tarin Woods has impacted how the stormwater flows through her property. The Tarin Woods subdivision has impacted the way that water is flowing through her neighborhood and issues with it backing up. That is something the Board should take into consideration as well as the issues created when trying to drive from Shiloh Road to Manassas Drive and then onto Carolina Beach Road. She should like to know who makes the decisions for the infrastructure in the County as it appears it is not the Planning Board nor the Board of Commissioners. She concluded by stating that the developer has been quick to say he can get anything approved by the County Commissioners that he puts before them because he has them in his pocket, which is concerning to her. Chair Rivenbark stated that the applicant and opposition speakers had each used their 15 minutes for presentations and both would each have five minutes to provide rebuttal remarks. In applicant rebuttal, Kevin Carter, resident of Ovates Lane, Wilmington, NC stated that he has lived in Tarin Woods for nine years. Mr. Yopp has always kept him, and his wife informed about what was occurring in the neighborhood. While they do not always like the growth, they would much rather have Mr. Yopp continue as the developer of Tarin Woods. Eventually, it will all be developed, and they prefer Mr. Yopp continue doing the good job he has with the neighborhood. In applicant rebuttal, Mr. Yopp stated that he and his partners are investing privately and committing to providing improvements to amenities, utilities, connections to commercial and retail services, and traffic improvements. He emphasized that their private investment would meet the conditions of the UDO and the Comprehensive Plan. They questioned the lack of professional studies or contradicting opinions against rezoning. He urged the Board not to dismiss the opportunity to meet the housing diversity and affordability needs of current and future residents. He highlighted the importance of connectivity, referenced previous Planning Board decisions, and questioned the notion of limiting others' opportunities based an personal interests. As to the deficit in housing and diversity, he asked how the Board intended to provide a solution. He noted the proposed project's ability to improve current conditions, provide housing for the workforce and retired residents, promote the County for business and tourism, and support infrastructure expansion. He also offered specific conditions for his proposal, including a landscape buffer, an engineering study for stormwater improvements, and how a new northern road will be. completed before issuing certificates of occupancy for the 51" home site. In opposition rebuttal, Ms. Hood stated that workforce housing, firemen, teachers, and police officers cannot afford Mr. Yopp's homes. There are no homes in the subdivision that would qualify for people who do not make a lot of money. Infrastructure, which includes health, has not been addressed. She asked that the Board deny the rezoning request. Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 96 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, MAY 1, 2023 PAGE 745 In opposition rebuttal, Ms. O'Brien stated that while Mr. Yopp mentions housing affordability many times, there are no commitments from the applicant for HUD, subsidized housing, or to a pricing level that would be considered affordable included in the application. While he should not solely be blamed for the lack of infrastructure to accommodate the recent growth, he is requesting additional density, which contributes to the strain on existing infrastructure. In opposition rebuttal, Mr. Bunge disputed the claim that the proposal aligns with the Comprehensive Plan, stating that interconnectivity is not solely within the community but also provides access to growth nodes. He emphasized the existence of supporting data, citing the hurricane evacuation plan and information from the NHCS transportation department as examples. In opposition rebuttal, Barbara Garrow, a resident of Liberty Landing Way, Wilmington, NC expressed concerns about the lack of infrastructure in the area, particularly regarding road access and flooding issues. There are five subdivisions that rely on Manassas Drive and Myrtle Grove Road, which are already congested. She expressed opposition to the proposed development, stating that while she supports growth, she believes it is not suitable for the current location without necessary infrastructure improvements. Ms. Garrow stated that she has a planning background and expressed her view that the neighborhood would be negatively impacted by the proposed development. In opposition rebuttal, less Anderson, a resident of Ontario Road, Wilmington, NC provided an overview of the email she has previously sent to the Board about the school district counts and being overcrowded. She stated that she has spoken to several school board members and there are no improvements planned to address the issues except for mobile classrooms being acquired for Porters Neck elementary school in 2025. Chair Rivenbark closed the public hearing and opened the floor to Board discussion. County Manager Coudriet asked for a technical consideration of the Board as the applicant proposed additional conditions. If the Board is interested in hearing those conditions identified, it might help the Board have a more informed debate. Chair Rivenbark invited Mr. Yopp to explain the additional conditions. Mr. Yopp stated his willingness to address concerns and provide conditions in the public's best interest. He proposed several specific measures, including creating a landscape bufferfor residents along Rosa Parks Lane as well as conducting an engineering study to improve stormwater conditions for the residents, completing a new northern road before issuing a certificate of occupancy for the 51st home site, preserving open space for school pickup at Sweet Gum Drive and Appomattox Drive, making a capital contribution for any home annexed into the Tarin Woods POA of $300 each for roadway improvements as well as a committed bond with Tarin Woods towards another pool and amenity, and a reduction in density by 10%. County Manager Coudriet stated that those items would be additional conditions to what is in the agenda packet Mr. Yopp responded to questions about why he did not offer the conditions he just listed during the Planning Board meeting or prior to this meeting. He stated that he does not agree with Mr. Petroff's earlier statements as he did not see any recommendations or conditions prior to the closing of the Planning Board's public hearing. All such discussions took place after the Planning Board's vote. He has held four community meetings on the project and has tried to address all the concerns and the conditions are ones he feels are adequate, appropriate, and in harmony with the public's best interests. Mr. Petroff responded to questions stating that the first time the Planning Board heard the presentation., Mr. Yopp heard the discussion and concerns that were expressed. Prior to a vote being taken, Mr_ Yopp was asked if he wanted the Planning Board to proceed with a vote and he asked for a continuance. When Mr. Yopp returned the next month, it was with the same information. He does feel there was a period where Mr. Yapp could have made changes. Mr. Petroff felt the Planning Board made it clear that the density was the main issue, but he cannot speak to if Mr. Yopp felt it was clear to him. The conditions Mr. Yopp shared tonight were not presented during the first appearance before the Planning Board because it turned into a continuance, therefore no conditions offered. The second time was a denial by the Planning Board, so no conditions were implemented. Ms. Roth responded to questions stating that in any type of long-range planning document, especially one like the Comprehensive Plan where there are no site specific lines drawn between densities, intensities, or recommendations, there is always a bit of judgment that comes into play especially when you are weighing competing values. She believes that is the situation that is before the Board. Over the past seven years, staff have looked at the density in a General Residential area as allowing up to potentially eight units per acre, so that level of density is consistent. To address that, it is generally recommended to applicants there be a transition between higher -intensity areas and lower -intensity areas. The County is in a situation where pretty much every piece of undeveloped land in the unincorporated county is zoned R-20 or R-15, so to get to any level of moderate density there is going to be a jump. What that looks like, she thinks, is one of the reasons why there are more conditional rezoning requests being seen. There is that value call, of does this desire of the plan outweigh this particular desire and there are seldom 100% perfect projects. That is why they are considered generally consistent and not that they are perfectly consistent, because that does not really exist. Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 97 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, MAY 1, 2023 PAGE 746 Mr, Petroff responded to questions stating that this rezoning request was a tough project for the Planning Board. There are people in ravor and in opposition to the project. He thinks Mr. Yopp is a quality developer and has a good design team. The issues are going to be recurring in terms of densities, infrastructure, and the capacity issues with Carolina Beach Road. It is known Mr. Yopp can improve items such as the water and sewer infrastructure and storm drainage as he can control those items. However, the road system is managed on a reactionary basis by NCDOT as the problem must be there, in a large sense, before they will look at It. Those constraints are what caused the Planning Board's hesitation. He cannot speak for the Planning Board on the conditions Mr. Yopp offered earlier as the Planning Board did not see them during its meeting and as such could not consider them, although he thinks they are ones the Board should consider. The subject tract will need to be developed and it can be done today at 2.5 units per acre. As to if that is the right development, the Planning Board does not think so and thinks it should be higher but will not state what the number is. The message the Planning Board intended to relay was that it thought eight units per acre was too high. He thinks that the final decision falls to the Board of Commissioners as to where the breakpoint is, but again it was a tough debate for the Planning Board. Ms. Roth responded to questions stating that at the Planning Board meeting, Chair Girardot had conversations with the WMPO staff and requested updated traffic count numbers at the peak. She thinks that is the updated study referenced by one of the speakers and it was not for a new TIA. TIAs are guarded by an NCDOT required process. NCDOT is who determines what the scope is, and what the requirements are, so it is beyond what staff can do and she believes that is what the WMPO is able to do. Again, what was requested were additional traffic counts in that area with the seasonal high points. WMPO Transportation Planning Engineer Scott lames responded to questions stating that there will not be a requirement to provide a revised TIA. The request as the WMPO understood from the Planning Board was to collect traffic counts both during the summer months during peak tourist season and during the school year at the same locations so the WMPO will be able to speak to the difference that takes place at a given location between summer traffic and winter traffic. As to the date of the data collection and the dates of the traffic analysis, the data that was collected in September and December 2021 was presented to the review committee of the TIA and was accepted as valid. It was then applied to the analysis which was reviewed and approved. The sealed analysis is dated June 30, 2022. There was an extensive discussion on whether the data would be used and applied and then there was an extensive review before it was approved by both the NCDOT, County staff, and the WMPO. Commissioner Barfield expressed his concerns about the NCDOT notconsidering future developments until they have permits. He referred to a previous case where approved apartments were not counted alongside other planned units. He emphasized the need for a comprehensive assessment of all upcoming developments. He acknowledged the current rules and policies but called for process improvements to better understand the overall picture. There have been past instances of NCDOT's delayed response to traffic issues and he emphasized the need for proactive measures. He also commented on the importance of Mr. Yopp providing a clear and solid plan to address uncertainty and provide comfort to the community. Mr_ Yopp responded stating that the tract of land that is next to Coastal Christian High School is not part of the rezoning request before the Board. As that site is zoned today it would have to go before the staff, the Planning Board, and the Board of Commissioners. If there was a change to any increased density another traffic study would be required but at this time, there are no plans to develop that tract of land. The request before the Board is a substantial project for him to undertake at this point with a northern means of ingress and egress to alleviate and improve traffic concerns along with improvements on Carolina Beach Road. Those are ready to be approved and permitted by NCDOT but are conditioned upon the rezoning request receiving Board approval. Mr. Farrell responded to questions by confirming that there is a stubbed connection shown on the plan that connects to an adjacent property that is zoned commercial. Currently, that connection does not go through the vacant commercial site to Carolina Beach Road, but in the future by 2026, that third connection would have to be established. Again, while not shown on the plan connecting to Carolina Beach Road through the adjacent property, it is stubbed to the adjacent property. He provided an overview of where the proposed connection is as shown on the site plan and confirmed it was part of the first presentation. County Engineer Jim lannucci responded to questions stating new developments would have stormwater management systems to control runoff. The Stormwater Services group is conducting a study in the area, including the subject area and Battle Park, to identify long-term offsite water improvements. The improvements would not only benefit new developments but also address existing issues. He stressed the importance of taking a watershed approach and considering drainage needs. He also noted the requirement for downstream analysis and provided a brief overview of the ongoing study in progress. In terms of what would he looked at for roads such as Rosa Parks Lane, which is a dirt road, the group would look to see what existing conveyances are there and if they need to be improved, upsized, or if additional ones need to be created to provide alternate paths. He does not know of anything specifically that has been looked at to address it. New developments are required to meet state water quality standards. He noted the importance of monitoring downstream conditions and having inspectors assess any flooding or water -related issues. He explained that the inspectors gather information that can be incorporated into studies to plan for maintenance and long-term capital projects aimed at increasing capacity and addressing the need for improvements. He reiterated the commitment to ongoing assessment and the consideration of groundwater and current conditions in the area. Capacity issues need to be addressed if they become evident. For the interim, it would be about being responsive to observations made by residents and taking immediate action, such as conducting maintenance to improve the situation in the short term while longer -term solutions are being implemented. For any new subdivision, if there is a road added it must be part of the impervious design and must go to the stormwater Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 98 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, MAY 1, 2023 PAGE 747 system. That would be captured in the plan and as part of the road going in, what would be looked at are the upstream and downstream culvert sizes to ensure there is capacity. Runoff from the road that would have to be included in the permitted system would not fall to Stormwater Services. Mr. Farrell responded to questions stating that the staff does not have information on the specific acreage that has been cleared in the subject area. He showed on the site plan that the area to the north has been predominantly cleared based on past site visits. Mr. Yopp provided an overview of a discussion with a resident who has the lowest lot on Rosa Parks Lane regarding drainage issues in that area. He observed corroded and broken pipes that are part of the Rosa Parks subdivision that need to be repaired and mentioned his willingness to address the culverts and drainage ditches upstream and downstream of the area. He stated his commitment to conducting an analysis and working with his civil engineer and County Engineering to ensure that the adjacent property owners and neighbors are not affected by stormwater issues caused by the development. The stormwater management approach would be different from the past, resulting in improved stormwater conditions. An evaluation needs to be conducted to assess the existing culverts and their capacity to manage water flow. He reiterated his intention to work with County Engineering and Stormwater Services to determine the necessary upgrades and funding for the culverts. He acknowledged the large area that Stormwater Services must cover in terms of maintenance and expressed his willingness to contribute funding towards the upgrades, although the specific financial commitment is not yet determined. He also stated that the requested project density was 338 units, and he is willing to reduce the density by 10% which equates to 34 units. Commissioner Scalise expressed appreciation for Mr. Yopp's willingness to make compromises but raised concerns about the timing of presenting the conditions without prior staff review. The lack of information puts the County Commissioners in a challenging position, as he does not have a clear understanding of what a 10% reduction and other conditions entail. He also expressed uncertainty about being able to evaluate these conditions thoroughly and deliberatively during the meeting. He acknowledged that such situations make projects difficult, as compromises are a common aspect, but emphasized the need for a better understanding of the proposed conditions based on the available materials. Mr. Yopp stated that there is a need for flexibility as there is a lot of future design that must move forward with stormwater improvements. The future design will determine where the reduction in density is better served as well as determining the best proximity for open space for the community. It would all be a part of the TRC review, not necessarily the Board's review. Commissioner Zapple stated that this is not a negotiating session and as this matter continues it feels more like that. The applicant and other people attending have followed the rules for a public hearing. As the discussion has progressed, he has a sense of fairness that he believes has been overstepped. Mr. James responded to questions reconfirming that the traffic counts were collected in September and December 2021 and the analysis was completed in June 2022. The engineer of record seals the document once the analysis is completed. Mr, lannucci responded to questions stating that the Stormwater pond design capacity that is being proposed would meet the County's current regulations and pre -and -post to the 25-year storm using the National Oceanic and Atmospheric Administration (NOAA) Atlas 14-point precipitation data. For a 25-year storm that is between eight and nine inches of rain in a 24-hour period and is location based. Hearing no further discussion, Chair Rivenbark asked Mr. Yopp, if based on the Board discussion and items presented during the public hearing, whether he would like to withdraw the petition or proceed with the vote. Mr. Yopp responded that he wanted to proceed with the vote. Chair Rivenbark asked for direction from the Board. MOTION: Commissioner Zapple MOVED, SECONDED by Vice -Chair Pierce to deny the proposed rezoning as the Board finds it to be consistent with some of the purposes and intent of the Comprehensive Plan because the proposed density, housing type, and increased interconnectivity are in line with some of the recommendations of both the General Residential and Urban Mixed Use place types and the proposed development acts as an appropriate transition between existing commercial and residential uses in the area. However, the future NCDOT improvements at the Monkey Junction intersection were delayed for construction after the Comprehensive Plan recommendations for this area were adopted. The Board finds denial of the rezoning request is reasonable and in the public interest because the scale of the project increases traffic on a major arterial corridor and is not consistent wflth the desired character of the surrounding community due to potential impacts to visual aesthetics and others from the different housing types and internal traffic on adjacent neighborhood roadways. Upon vote, the MOTION PASSED 4 TO 1. Chair Rivenbark dissenting. BREAK: Chair Rivenbark called for a break from 6:30 p.m. to 6:48 p.m. PUBLIC HEARING AND APPROVAL OF REZONING REQUEST (Z23-07) BY CINDEE WOLF WITH DESIGN SOLUTIONS, APPLICANT, ON BEHALF OF ERNEST FAISON II, PROPERTY OWNER, TO REZONE APPROXIMATELY 0.96 ACRES OF LAND LOCATED AT 6505 CAROLINA BEACH ROAD FROM R-15, RESIDENTIAL TO (CZD) B-2, REGIONAL BUSINESS TO CONVERT AN EXISTING SINGLE-FAMILY HOME FOR A CONTRACTOR'S OFFICE WITH AN ACCESSORY STRUCTURE AND OUTSIDE STORAGE AND OTHER LIMITED COMMERCIAL USES. Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 99 �\r\ tS 2. AFFIDAVIT North Carolina t Cqnty of V i 0,� appearing before the undersigned notary and being duly Name of principal swom, says that: C t e Cils�A c, 96r Fs dr v,1h M COS-, v\" gN 4L>�- CY '01r \-O� Principal's tgrratwe Sworn to (or affirmed) and subscribed before me this the OF day of 20 d.q F---M:RCHE%ECA:OSM7T Hana�rNo th CExpiresF Official Signature of Notary i�-l�c�.e►te A.O` Notary Public Notary's printed or typed name My commission expires: -,l i I- wz j �—t q\\A..L/ 4-? /9M 10� a0t, L OPTIONAL j This certificate is attached to a l dv\ signed by Y '1 \i 1 O-V\ ti� LS Tide,Type ofiDacnment Name ofP—apal Signer(s) on � , and includes `L pages. Date N ofpages Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 100 Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 101 Petition to Vote Against Allowing Multi -Family Housing Development in Battle Park We, the undersigned residents and property owners of Battle Park, hereby express our strong opposition to the proposed development plans by Hoosier Daddy LLC to build multi -family housing units within our residential subdivision. Specifically, we are opposed to the request for a Special Use Permit that would allow an increase in density from the standard 2.5 units/acre to 10.2 units/acre in R-15 zoned areas, as outlined in the application submitted by the developer. Battle Park is a cherished single-family residential community, characterized by detached single-family homes and governed by covenants that explicitly prohibit multi -family housing developments. These covenants were put in place to preserve the unique character and quality of life within our neighborhood, and any proposed changes to these covenants should require the overwhelming support of the community. We firmly believe that the proposed multi -family housing development would have detrimental effects on our community and the well-being of its residents, including: 1. Overcrowding: Increasing the density of housing units within Battle Park would lead to overcrowding, strain on existing infrastructure, and a decline in the quality of life for residents. 2. Traffic Congestion: The addition of multi -family housing units would exacerbate traffic congestion on our neighborhood streets, posing safety risks to pedestrians and cyclists and reducing the overall livability of the area. 3. Impact on Property Values: The introduction of multi -family housing could negatively impact property values for existing homeowners within Battle Park, undermining the investment and sense of stability in our community. 4. Environmental Concerns: Higher density developments often result in increased environmental impact, including greater strain on local resources such as water and energy, as well as habitat destruction and loss of green space, not to mention potential stormwater issues As concerned residents, we are committed to preserving the integrity and character of Battle Park as a single-family residential community. We recognize that any changes to our covenants should be made with careful consideration. Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 102 Therefore, we urge the Battle Park Homeowners and relevant local authorities to reject the proposed Special Use Permit and any future attempts to alter our community's covenants to allow for multi -family housing development. We require that any proposed changes to the covenants be subject to a transparent and democratic process, requiring a vote of over half of the Homeowners for the sections in question. Thank you for your attention to this matter. We stand united in our commitment to preserving the values and integrity of Battle Park for current and future generations. *`The most current Covenants for Battle Park can be found here: Section 2: https.//search.newhanoverdeeds.com/view_image.php?file=0062005239-00&type=pdf&filesa vename=B713-P240 Sections 4,5 and 6: https://search-newhanoverdeeds.comfview_image.php . le=2002009352-00&type=pdf&filesa vename=B3212-P809 "Special Use Permit Application and Site Plan can be found here: https:/Aaserfiche.nhcgov com/WebLink/Browse.aspx?id=5223375&dbid=0&repo=NHC Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 103 CQ a a o m m n tl M cr o cu c s < v = v a �j;^�.. N �a ❑. an n� : m Z C� n• -p ?c a m 91 -o `� D T. p1 t/i n '° m m /N o 3 K of 0 �q n w i 3 3 M 0 � � N rr o j ila m ^W' w rn � � � m n�i m w v v -n C N N 91 C1 N6. /Op iL 03 N Yi N SU w {V N y U1 N N VI y N N 0 O Q r• a v fl o o a v m m m m (D (D m D m a (o g toO Q1 3 3 3 3 3 0 is rc m ccin m ET 0 0 0 S a � _ N .ter n n n n n n 0 0 CzN PO col 3 r. 0 0 0 a o o w lD C C4 c0 C) (O a (D tD 0 _ - c s x V 1 � ® Q. i yo C " 0 ` - 4 ' �`^^• i tr C (D r+ "9 Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 104 �" > 3 > m fn s 3 a A a o o m 5 0 m CD 2 ? 3 3 a� ni m m m m m m m o o a n CL a m .� 0- CAa ¢ m n n o m � m � CD CD m m 3 m ro m � m m o cd m m N N N a d 3 Ti N �' N N 3 3 3 o m in O fQ a 3 3 m m m co (n -v "0 m a a m m c a N in £o N ro © O / mCD d � n `N• N W i p tp v m Uf A W N N CR U7 rnCA q1 CR C41 N N W W W A m A X.� � iT :D W v � m m m m N 7 7 7 7 7 M m m 9t N N N Qi �ID M % N N w N N N N mN m Al A` :3 av m m SDm m m m m a m �{ D m S 3 Fc ' ,n co c'a i'a N• co I 7 7 7 7 7 3 7 a 7 n 0 0 0 0 czi n ci n � n t N N N N OD CD co Co W � C) Q o 0 0 0 o Q w w co to co co p =jn _ , s G 1 l 1 O O < <p N Vj z O Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 105 W QD Q (D N 9 O a 2 m x 77 a m It, m Ci N n ? N w D m S m CD w SP d m < m $ a m CD a x CD x s (A tD U1 m o = 3 RF O IgoCD :r A7 m -4 4p, CL to a C) Q� Ol � N N N N Gi N N co N N c O cn CD m CD m m Si m s 3 a {p D G D to CL to CD ro� a ' z Z Z .-• NNA N O CD CD a r `."i'" -.t c�'`.,`- .^,'.' yam, 'v t,/`� 51••� J >_ CL CD vw y E r O G. o0 �3 c� Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 106 f � rL 3 i O m o m n � rL � m o_ a � = � m 3 Z P" r" i Q LO OD YP v N � ca0 W V N Cl) 3 3 T � 3 3 D D D D � m 3 � � 0 N m m d O � � � W -17$ ice". ik 4� -Z . Board of (Qlrnmiss�ners - June 3, 2024 --I-- ITEM: 13- 11 - 107 m � S 3 R m C 1 K m Q C O N n- 7 W c > mCDm = [rt _I CL =3\ D K m O Q r CD ..t O CD y O c11 A ca N C) 0) N N N N W A s Ul D 3 o o v a v 9 O fll p1 N 3 3 d p O O O K % X % x x O O D D D D a < < m m m D [o N N ( 3_ 3 3 `j m m co m 3 7 7 7 7 Z Z n D n CT n 0 0Ila �Cpi w N N co C10 App A p (D Oo (a to co CD [O w r, 7 r_c, JN k-{ - ::-A Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 108 a C 'co s � W cm CD p1 � v p CD o z m azi m p N m ® C 3 p 0 m a 3 0 w D)m at (D a M n m Inm n5i r ' m a m m a n r r CD CD m m CD v r s "s m m fC Cp 3 FD n CY� S M 3 a) a) O D 7� C V CD CD a a g m 6i r (D o W Q 01 M 0)Np N .�AA N N N N N N O O O i N W tof�Q. " Gk D D D g :D C% = D -o a 3 �aD o o K o a o 3 3 -n CD �' a 3 Q 3 3 m sv S8 N N N O Q !0 X X a x X X # c <- �• X X x x O p O O 4C Y CD p p D O c M. p p p ` m ID`° m fD m = N m m w m Z`� G 3 -3 3 3 3 -" �" Z3 ill 3 3 S m 'Q co m a ca (Dto Q3 nor Ea S o a z Z z z 0 z Z 0 0 � "'; p z z 2 N N � C N N Nm Ci N N CD coM co L a 0 � AM W �✓ t0 C4 to N � CIL ?f f (D 'C3 U 0 46, cD � O' " c Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 109 l 101 C }y 7 r} c CD T O lu m 41 "TS (n 7 �p N MaCD V C to CL S 41 0 m O 0 0 < CD CD O :> 2 d 0 o 0 z .= 0 n (p m y CD �1 N 0 K O 0 'O 0 0 O 2 � o P c� N 0 0 Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 110 "�� 1 W f d (n U) S2 CA CA p O o O O ... - �. m N m. r°n m w 07_, 7D_c 70a' x F m @ W 4i W Z 3 7 3 3 O 0 0 0 0 W e CL a a o_ C. m m m m m m 3 w 0 N 0 N Q G. 11 2 Q a N O co W W W `< `G `< K K n n n n 0 r r s- r rr n n n n ❑ P1� (D O iM y s Oj CO co C7 Ut 4,W N rfli. Y/ w+ to ilf M Z z Z 2 Z Z Z Z Z O O O O O O D O O O O m m a Q a C 2 C Q 0. d Q 2 C CL CL A �/' >� m (p @ tD m -a a W N U) ID fa 03 N N w w. O N N N fwll 0 N (a Vl T. m_ N, t� 0 tG tLf cC] t0 r0 m = (Dm (D m 3 CDn o. a c a a a n (D 0 N ^. O (D a3 30 Pill- P CD vell. i O a uCL V G X G CD 10 N � O O _ cn O Q 3 �? M 0 O 0-r m M W � —I S Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 111 1 00 x T a = x = z am2 „J ° O ° 0 O 0 p f°/l N N 0 N N m N 0. (A CD m t�D W m ik7 � 0 R @ A 0 n CL 0) nm0 m aa Ca Qa n CL 93. 'S 7C L �c c r r r r r F- rr- rr- c� o c c� o a i n �p n v� ec o a � � N N NNx NQ cG W �f W CT A w N M N C� N C'L V• m o� 0 0 0 0 ° 0 0 ° ° ° m W M v m m m m a a n a a n n n a a Q a a m 3 m d N m aA� N m O1 07 W W M N 0) 01 N N W N N N Sb 0) P1 07 v N NM t. � W N N C N 0�_ N Q) N m W N tll Ol 0.to (a (? fm (¢ o Q n a (D `� a u a fl. u N rt 1=O � C .. (D ."i. n M 3 � v �+ o D A� 0)v n tD x o (DV U)POL �D -e (� ? r 0 FL (D N �D U) Q rr 3 �D Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 112 Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 113 MORGHAN GEM COLLINS Register of Deeds New Hanover County Register of Deeds 320 Chestnut Street Suite 102 Wilmington, North Carolina 28401 Telephone 910-798-4530 • Fax 910-798-7751 v�TY �"qm IMF' �' Z-ABLISHVQ- I do hereby certify this to be a true and accurate copy of the document filed and recorded in New Hanover County Register of Deeds Office as evidence in Book No 719 at Page No 119. Morghan Getty Collins, Register of Deeds 5/20/2024 uty IT ter of Deeds Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 114 119 Two Hundred Fifty Dollars (i992SO.00), and they will keep all taxes paid upon said propertyi and - if the Truntors fail to do this, the Trustee or Beneficiary may offset such insurance sad pap : such taxes, and all amounts so expanded by them with interest from date of payment at six percent (6%) per annum shall be secured under this conveyance and be due and payable at the time of the next payment of principal or interest thereafter due on said note. The Trustors and the Trustee hereby agree with the Beneficiary that in case the Trustee shall die, become incapable of acting, renounce his trust, or for other reasons become unaccept- able to said Beneficiary, or her hairs or assigns or legal representatives, then upon notice to the Trustors and the Trustee, if living, the Beneficiary, or her heirs or assigns or legal rep- resentatives, may appoint in writing, a successor Trustee and upon the probation and registra-tion of said writing, the successor Trustee, thereby appointed, shall succeed to all the rights and powers of the Trustee. It is further agreed that any statement of fact or recital by said Trustee in his dead in relation to the nonpayment of the money secured, the amount due, the advertisement, sale, receipf of the money, and the execution of the deed to the purchaser, shall be received as prima facie evidence of such fact. And it is agreed that if the Trustors shall pay off said note and interest, and discharge fully the trusts herein declared, before such sale, or the same shall be done by a sale of said property, then so much of said property as may not have boon said, and is not required to meet any of said trusts, shall be reconveyed to the Trustors, or the title thereto be revested in them according to law. IN TESTIMONY WHEREOF, the said Truators have hereunto subscribed their hands and seals the day and year above written. Woodrow B. Pridgen (Seal) STATE OF NORTH CAROLINA Katherine C. Pridgen (Seal) COUNTY OF NEW HANOVER I, Joan Middleton, a Notary Public in and for the state and county aforesaid, do hereby certify that Woodrow B. Pridgen and his wife, Catherine C. Pridgen, personally appearod before me this day and acknowledged the due execution of the foregoing Deed of Trust. Witness my hand and official seal this the 27th day of July, 1962. Notarial Seal Joan Middleton My comm. expires 12-29-63 Notary Public. STATE OF NORTH CAROLINA NMI HANOVER COUNTY The foregoing certificate of Jean Middleton, Notary Public of New Hanover County, is ad- judged to be correct. Let the instrument with the certificate be recorded. Drawn by Carter, M. F. U N. This the 27 day of July, 1962. Vernall DeVane, Asst. Clerk Superior Court. Received and recorded the 27th day of July, 1962 at 5-20 P.M. and verified. 1f ,� Register of Deeds. ------------------------------------------------------------------------------------------------- J►S. H. HOBBS ET UX STATE OF NORTH CAROLINA . SECTION #I- BATTLE PARK SUB. COUNTY OF NEW HANOVER : DECLARATION OF RESTRICTIONS DECLARATION OF RESTRICTIONS ------------------------------ KNOW ALL MEN BY THESE PRESENTS, that was James 11. Hobbs and wife, Mildred D. Hobbs, of New Hanover County, North Carolina, who are all of the owners of all of the lots in that certain subdivision in Federal Point Township, New Hanover County, North Carolina, known as Section Number One of Battle Park Subdivision, as the same are shown on a map or plat of said subdivision prepared by C. W. Blanes, Jr. Registered Land Surveyor, which is recorded in Map Book 7 at Page 77 of the New Hanover County Registry, in order to promote a uniform and harmonious development of said subdivision, do hereby covenant and agree to and with each other and with all persons, firma, or corporations now owning or here- after acquiring any of the above mentioned lots, that the use of all of said lots is hereby made subject to the following restrictions or restrictive covenants, which shall run with the land, and be binding upon said lots and whomsoever owns the same, to -wits 1. We lot shall be put to any use other than for residential purposes with the exception of lots 1, 2, 3 b 4 which are reserved for commercial usage and lots 21, 22 b 23 which may be used for a home occupation by any Land Surveyor or Engineer residing on the promises and having his Office as a part of or in connection with his or her — No portion of any lot or lots shall be used for a roadway either public or privet rrtion of any lot say be used as a driveway incidental to the normal use of such lot' L;Isl purposes. 2. Except on Lots 1, 2, 3, 4, 21, 22 11 23, nob ]ll be erected, altered, placed upon, or permitted to remain on any lot other than one d to family dwelling not to exceed two stories in height, and a private garage for not xa-=W '�R[ch garage shall be more than one story in height and shall never be us quarters of any kind, either for. guests, members of the family or servants, and the i, ►_ or maintenance of so-called "garage apartments" on any lots is expressly prohib;:%-- -s- _iaa and design of any building to be built on any lot shall be first submitted to the dRvoloyar, J. H. Hobbs, or his nominee, for approval, and written approval must be obtained, me it is the express intention of the develop- er to maintain a uniform plan of development, with respect to design, type, coat and general appearance of the structures to be erected in this subdivision. 3. No dwelling shall be permitted on any lot which does not have at least the following square feet of floor space of living area: 1,000 square feet if the dwelling has an attached carport (not including the floor space of the carport), or 1,300 square feet if it does not have an attached carport. Nor shall any building of any kind be erected, altered, placed upon or per- mitted or any lot, the exterior finish of which is not constructed of either brack or stones Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 115 however, this does not prohibit the use of wood, and other standard building materials in the construction of the roof, windows and doors, gables, second stories, etc. 4. No building or structure of any kind shall be located on any lot nearer titan five feet to any aide line, with the exception of those lots 1, 21 3 & 4, On lots numbers 15 thru 24 in- clusive, no building or structure of any kind shall be located nearer than 70 feet from the front or street line of any lot. On lots mambem S, thru 14 inciusive no building or structure of any kind shall be located nearer than 50 feet from the front or street line of any lot. S. No commercial trade or activity shall be carried on upon any lot except for Iota 1, 2, 3, 4, 21, 22 & 23 as hereinabove provided and no noxious trade or activity whatsoever shall be carried on upon any lot, nor shall anything be done thereon which any be, or may become, an annoyance or nuisance to the neighborhood, 6. No structure of a temporary character, trailer, mobile home, tent, shack, garage, garage apartment, barn or other outbuilding shall be used on any lot as a residence, either temporarily or permanently, either for the owners of said lot, tenants, servants or any other persons, 7. No hogs, cattle, sheep, goats, horses, poultry or other livestock shall be raised, bred or kept on any lots however, dogs, carts or other hobsohold pets may be kept provided that they are not kept, bred or maintained for any commercial purpose. 8. No lot or area shall be used or maintained as a dumping ground for rubbish, track, Isar- bage or other waste, and such materials may not be kept on any lots, except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. 9. No surface cloaets or out -houses shall be kept or maintained on any lot, and sewage dis- posal shall be by septic tank only, which shall comply with the requirements of the North Carolina State Board of Health, until such time as a general sewage disposal system may be installed. 10. There shall be no change in the layout of any lot or lots as shown on the map above re- ferred to, and no lot shall be subdivided unless such part of a subdivided lot becomes a part of a whole lot, and the remaining part of such subdivided lot becomes a part of another whole lot. 11. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-one years from the date hereof, after which time said covenants shall be automatically extended for successive periods of ten years unless an instrument in writing, signed by the owner or owners of a majority in amount of the lots in said subdivision is recorded which changes said covenants in whole or in part. Any person or corporation owning any lot or lots in said subdivision shall have the right and authority to bring appropriate legal proceedings to prevent or stop violations of these restrictive covenants, and/or recover damages for such violation or violations. i 12. Invalidation of any one of these covenants by judgment or Court order shall in no wise ti affect any of the other provisions, which shall remain in full force and effect. }� IN WITNESS WIIBRREOF, the parties have hereunto set their hands and seals, this the 30th day of July, 1962. James If. flobbs (Seal) Mildred B. Hobbs (Seal) STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, T. A. Crews, a Notary Public in and for the State and County aforesaid, do hereby certify that James 11. Hobbs and wife, Mildred B. Nobbs, personally appeared before me this date, and ack- nowledged the due execution of the foregoing instrument. Witness my hand and Notarial Seal, this the 30th day of July, 1962. Notarial Seal T. A. Crews, My comm. expires 11-21-63. Notary Public. STATE OF NORTH CAROLINA NEW HANOVER COUNTY The foregoing certificate of T. A. Crews, Notary Public of New Hanover County, is adjudged to be correct. Let the instrument with the certificate be recorded. This the 31 day of July, 1962. Ethel A. Brown, Deputy Dr. by Elkins & Calder. Clerk Superior Court. Received and recorded the 3lat day of July 1962 at 2-45 P.M. and verified. Register of Deeds. ------------------------------------------------------------------------------------------------ VELNA G. GAIIwooD = Drawn by Abner Alexander. TO s TIIIS DEED, Made this the 14th day of November, 1960, by Veins G. R. L. GARWOOD Garwood, of Forsyth County, State of North Carolina, party of the DEEDs first part, to R. L. Garwood of Forsyth County, State of North Caro- ----------------------- line, party of the second parts I Witnesseth That the said party of the first part, in consideration of ($10.00 OVC) Ten dollars and other valuable considerations to her paid by the said party of the second part, the receipt of which is hereby acknowledged has bargained and sold, and by these presents does bargain, sell and convey unto the said party of the second part and his heirs a tract or parcel of land in the County of New Hanover and State of North Carolina, in Federal Point Township, and hounded as follows. Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 116 Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 117 MORGHAN GEM COLLINS Register of Deeds New Hanover County Register of Deeds 320 Chestnut Street Suite 102 Wilmington, North Carolina 28401 Telephone 910-798-4530 • Fax 910-798-7751 �gBLISH��J� I do hereby certify this to be a true and accurate copy of the document filed and recorded in New Hanover County Register of Deeds Office as evidence in Book No 3212 at Page No 80�. Morghan Getty Collins , Register of Deeds 5/20/2024 ty R Mister o Deed Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 118 IN Prepared by Daniel D. Mahn, Attorney at Law .�/ FOR REGISTRATION REGISTER OF DEEDS o NEN HRANOVER OOUiTY HR AND BINS 2 PC:�f�26.00 STATE OF NORTH CAROLINII COUNTY OF NEN HANOVER 1I1U11IKI)XRNT OF DECLARATION OF REBTRICTI, OF BATTLE PARK SUBDIVISION SECTION ONE THIS A1T OF D=CLARATION OF RESTRICTIONS OF BATTLE PARK SUBDIVISION, SECTION ONE, Trade and entered into this '2S day of February, 2002, by and between the undersigned Lot Owners in Section One of Battle Park Subdivision, said owners being a majority of the lot owners in said Section One of Battle Park Subdivision; .! Yi�7y:1i THAT WHEREAS, J. H. Hobbs and wife, Mildred B. Hobbs, were the developers of Section One of a subdivision known as BATTLE PARK, as shown on map recorded in Map Book 7 at Page 77, of the New Hanover County Registry; and WHEREAS, on July 31, 1962, the said J.H. Hobbs and wife, Mildred B. Hobbs, caused to be recorded in the Office of the Register of Deeds of New Hanover County, North Carolina, a Declaration of Restrictions for Section One of BATTLE PARK, which said Declaration of Restrictions applies to all lots sold in the said Section One of said BATTLE PARK subdivision, and which are recorded in Book 719 at Page 119 of the New Hanover County Registry; and WHEREAS, Restriction 1 of said Declaration of Restrictions states "No lot shall be put to any use other than for residential purposes with the exception of lots 1, 2, 3, & 4 which are reserved for commercial usage and lots 21, 22 & 23 which may be used for a home occupation by any Land Surveyor or Engineer residing on the premises and having his office as a part of or*in connection with his or her residence. No portion of any lot or lots shall be used for a roadway, either public or private, except that a portion of any lot may be used as a driveway incidental to the normal use of such lot for residential purposes."; and WHEREAS, Restriction 2 of said Declaration of Restrictions states "Except on Lots 1, 2, 3, 4, 21, 22, & 23, no building shall be erected, altered, placed upon, or permitted to remain on any lot other than one detached single family dwelling not to exceed two stories in height, and a private garage for not more than two cars. No such garage shall be more than one story in height and shall never be used for living quarters of any kind, either for guests, members of the family or servants, and the construction or maintenance of so-called "garage apartments" on any lots is expressly prohibited. The plan and design of any building to be built on any lot shall be first submitted to the developer, J.H. Hobbs, or his nominee, for approval, and written approval must be obtained, as it is the express intention of the developer to maintain a uniform plan of development, with respect to design, type, cost, and general appearance of the structures to be erected in this subdivision."; and Mailed To k- � 1 t too'. . III A if .S etc 1 I his is a true and accurate copy as filed BictfiedVefiTlarnmissioners - June 3, 2024 ITEM: 13- 11 - 119 WHEREAS, Restriction 3 of said Declaration of Restrictions states that "No dwelling shall be permitted on any lot which does not have at least the following square feet of floor space of living area: 1,000 square feet if the dwelling has an attached carport (not including the floor space of the carport) or 1,300 square feet if it does not have an attached carport. Nor shall any building of any kind be erected, altered, placed upon or permitted on any lot, the exterior finish of which is not constructed of .either brick or stone; however, this does not prohibit the use of wood, and other standard building materials in the construction of the roof, windows and doors, gables, second stories, etc."; and WHEREAS, Restriction 4 of said Declaration of Restrictions states that "No building or structure of any kind shall be located on any lot nearer than five feet to any side line, with the exception of those lots 1, 2, 3 & 4. On lots numbers 15 thru 24 inclusive, no building or structure of any kind shall be located nearer than seventy feet from the front or street line of any lot. On lots numbers 5 thru 14 inclusive no building or structure of any kind shall be located nearer than 50 feet from the front or street line of any lot."; and WHEREAS, several houses have been built within the said subdivision which have exterior finishes that are constructed of wood and other building materials that are modern and attractive, and do not interfere with the harmonious development of the subdivision, but the finishes of which are a technical violation of the recorded Declaration of Restrictions; and WHEREAS, 'several houses have been built within the said subdivision which comply with the front, side, and rear building setbacks established by the applicable New Hanover County ordinances, but which are closer to the front and/or side lot lines than the said setbacks required pursuant to the said Declaration of Restrictions; and WHEREAS, the Developer, J.H. Hobbs, is now deceased, and did - not name a nominee to exercise the approval rights reserved to the developer by the said restrictions; and WHEREAS, Restriction 11 of said Declaration of Restrictions states that "These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-one years from the date hereof, after which time said covenants shall be automatically extended for successive periods of ten years unless an instrument in writing, signed by the owner or owners of a majority in amount of the lots in said subdivision is recorded which changes said covenants in whole or in part....."; and WHEREAS, the undersigned Lot Owners, recognizing the nature of modern construction and the need for the modern development of the said subdivision with regard to modern construction materials, setbacks, techniques, house plans and house sizes, and also recognizing the existence of houses already constructed within the subdivision that may not comply with the aforesaid setback requirements and that may not comply with the exterior construction materials required by the said Declaration of Restrictions, now desire to amend Restriction Number 1, Restriction Number 2, Restriction Number 3, and Restriction Number 4 as hereinafter set forth, pursuant to Restriction Number 11 of the said Declaration of Restrictions. NOW TEMEFORE, the undersigned, being the Owners of a majority in amount of the lots in Section One of Battle Park Subdivision, do hereby amend Restriction Number 1, Restriction Number 2, This is a true and accurate copy as filed IBdWdNC4Vftmmissioners - June 3, 2024 ITEM: 13- 11 - 120 Restriction Number 3, and Restriction Number 4 of that certain DECLARATION OF RESTRICTIONS OF SECTION ONm OF SATTLE pARK Subdivision as recorded in Book 719 at Page 119 of the New Hanover County Registry, as follows: 1. Except as herein provided, no lot may be put to any other use other the- for residential purposes with the exception of Lots 1, 2, 3 and 4 which are reserved for cessoereial usage and Lots 21, 22, and 23 which may be used for a homos occupation by any Land Surveyor or Engineer residing on the premise■ and having his office as a part of or in connection with his or her residence. No portion of any lot or lots shall be used for a roadway, either public or private, except that a portion of any lot may be used as a driveway incidental to the normal use of such lot for residential purposes and with the further exception that if it is necessary or convenient to use any lot or lots in this subdivision for a street or roadway in connection with the further developmdent of, or construction on, any lot or lots in the subdivision or for the development of adjoining lands, then any lot or lots in the subdivision may be used as a street or roadway. 2. Except on Lots 1, 2, 3, 4, 21, 22 and 23, no building shall be erected, altered, placed upon, or permitted to remain on any lot other than one detached single family dwelling not to exceed two stories in height, a private garage for not more than two cars, a storage building or workshop, and a pool -house incidental to the use of a swi..Amg pool. No such garage or other outbuilding shall be more then one story in height and shall never be used for living quarters of any kind, either for guests, members of the family or servants, and the construction or maintenance of so-called garage apartments on any lot is exprssaly prohibited. 3. No dwelling shall be permitted on any lot which does not have at least one thousand square feet (1000) of floor space of living area. No concrete block, concrete brick, asbestos siding, alumiaum siding, cinder block, nor tar paper composition shall be used for the exterior of any residence constructed on any building lot within the subdivision, it being intended that only homes with conventional frame, wood, vinyl, masonite-type hardboard, brick, clay brick, stone, stucco, or similar conventional synthetic or natural siding exterior be constructed on the lots subject to this Declaration of Restrictions. 4. Since the establish man t of standard inflexible building set- back lines for location of houses on lots tends to force construction of houses directly to the side of other homes with detrimental effects on privacy, view, preservation of important trees and other vegetation, ecological and related considerations, no specific setback lines are established by this Declaration of Restrictions. However, no house shall be erected closer to the front and rear lot lines or nearer to any side lot line than the minimum distances established by applicable New Hanover County ordinances. On commercial lots as provided herein, no building shall be erected closer to the front and rear lines or nearer to any side lot line than the minimtmi distances established by applicable New Hanover County Ordinances. It is understood and agreed that except as otherwise amended herein, all remaining restrictions contained in that certain Declaration of Restrictions of SECTION ONE OF BATTLE PARK subdivi- sion recorded in Book 719 at Page 119 of the New Hanover County Registry shall remain in full force and effect, and are incorporated herein by reference as if fully set out. IN WITNESS WHEREOF, the undersigned owners have hereunto set their hands and seals, and the corporate owner has caused this instrument to be signed in its corporate name by its duly 3 This is a true and accurate copy as filed BdhecNeWilammissioners - June 3, 2024 ITEM: 13- 11 - 121 authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, all the day and year first above written. VP JrA ..._ Patr R. •L. sa SEAL) (SEAL) (SEAL) ( SEAL) *6F,AL) (SEAL) Hobb & Company of Wilmington, Inc. By: re ent URTH CAROLINA NEW HANOVER 7 '�0i66 a Notary Public in and for the County and State aforesaid, do hereby certify that Gew &. 1c personally appeared before me this day and acknow ged that i she personally saw James Henry Hobbs, Jr., Evelyn G. Hobbs, Rupert Strickland, Nancy T. Strickland, Patricia Faye HobbsIiyers, Gerald M. Myers, Kenneth R. Parker, Eloise T. Parker, Stephen L. Hobbs, and Lisa Hobbs sign the hereinabove instrument and that 41t.tw, r,. Ra@1 .,'(f • personally acknowledged the due execution by Jameir Henry Hobbs, Jr., Evelyn G. Hobbs, Rupert Strickland, Nancy T. Strickland, Patricia Faye Hobbs b*ers, Gerald .M. Meyers, Kenneth R. Parker, Eloise T. Parker, Stephen L. Hobbs and Lisa Hobbs of the foregoing instrument for the purposes therein ex- pressed. Witness my hand and notarial seal this -2,S' day of February, 2002. My Commission Expires: L—l!cy -3 k-4� 1Notary lic leis is a true and accurate copy as filed Bdbe:fvefvftrnmissioners - June 3, 2024 ITEM: 13- 11 - 122 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, :164" S•C.ry,c.k._ a Notary Public in and for the County and Stat7e aforesaid, certify that €IreA=jr &6" personally came before me this day and acknowledged that she is Secretary of Hobbs & Company of Wilmington, Inc., a North Carolina Corporation, and that by authority duly given and as the act of the Corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal and attested by her as its Secretary. Witness my hand and notarial stamp or seal, this ';L� day of February, 2002. My Commission Expires: L2� - l 4" O b Notary is r-t%op $' '... i ARy� v :Z Puev ` This is a true and accurate copy as filed Wbodiefv bmmissioners - June 3, 2024 ITEM: 13- 11 - 123 REBECCA T. CHRISTIAN ,REGISTER OF DEEDS, NEW HANOVER JUDICIAL BUILDING 316 PRINCESS STREET WILMINGTON, NC 28401 MlrllrMrrrlM MrMrMMrrrMrrrrARMrrMrllrrllrNrRA ! Filed For RegietraWn Book: Document No.: Rom .1 r: 02/251=2 03:23:59 PM RE 3212 Pape: 80341108 2002009351 AMEND 6 PGS $26.00 MARVIS ANN STORER *rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrerrrrrrrrrrrrrrrr rrrrrrrrrwtrrrrrwrrrrrrrrrrrrr State of North Carolina, County of New Hanover The hwagoinE cenftmte of JOYCE CARMACK Nohny 1s "Wisd to be IArreeL This 25TH of February 2002 REBECCA T. CHRISTIAN , REGISTER OF DEEDS By: De�Kyr lehr of Dee& rrrrrrrrsr rrrrrn,ertrrrrrrrrrrrrrrrrrarwww,trrrrrrrRM�rrn rrrrrArrrirr+rwrurrr�� *2002009351* 2002OM51 This is a true and accurate TcPa�sff t�eci�iR Vie New-Ynovgr my Register of Deeds office. 0 o - une ITEM: 13- 11 - 124 M Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 125 MORGHAN GEM COLLINS Register of Deeds New Hanover County Register of Deeds 320 Chestnut Street Suite 102 Wilmington, North Carolina 28401 Telephone 910-798-4530 • Fax 910-798-7751 3 \Z �v N TY G � �q$LISHVD� I do hereby certify this to be a true and accurate copy of the document filed and recorded in New Hanover County Register of Deeds Office as evidence in Book No 713 at Page No 240. Morghan Getty Collins, Register of Deeds 5/20/2024 W61MUMMW®RM, r11 ! r � � !rin 7 _ l7� _ . - -' Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 126 JAMBS 11. HOBBS'Ac WIFE t STATE OF. NORTH CAROLINA : DECLARATION OF AND : COUNTY OF NEW HANOVER : RESTRICTIONS BATTLE PARK SU11DIVISION KNOW ALL MEN -BY THESE PRESENTS, that we, JAKES H. j DECLARATION OF RESTRICTIONS HOBBS and wife MILDRED B.HOBBS, of New Hanover - County, North L�arolina, who are all of the owners of all of the lots in that certain subdivision in Federal Point Township, New Hanover County, North, j Carolina, known as Section Number Two of Battle Park Subdivision, as the seine are shown on a map; or plat of said'subdiviaion prepared by.C.W.Bloome, Jr., Registered Land Surveyor, which is re- , u corded in Map Book 7 at Page 83 of the Now Hanover County Regis.try,.in order to promote a H uniform and harmonious development of saiO :subdivision, do hereby covenant and agree to and withi each other and with all persons firma, or corporations now owning.or heroafter apgUiping'', of, the. above mentioned lots; that .the :use -of all: of said lots is hereby "de subject to the follow ii-ing restrictions or restrictive covenants, which shall run with the land and be binding upon asi� lots and whomsoever owns the some; to -wit:. ; 1. No lot shall be put .to any use other than for residential purposes or religious purposes. It is contemplated that a church or churches may be constructed on one or more lots in this section. No portion of any lot or lots shall be used for roadway either public or ; private, except, that a portion of any lot may be used as a driveway incidental to the normal use: of such lot for residential purposes and with the further exception of that unnumbered lot which is at the East and of Manassas Drive which is shown on the recorded map of Section Two of Battle Park Subdivision as being retained by J.H.Hobb Vbo essly be used as a road- way. 2. Except for a church building or a re be used for religious purposes, not including a parsonage or rectory, no bu rected altered, placed upon, or per mitted to remain an any lot other than o e famRy dwelling not to exceed two stories in height, and a private garage fo wo cars. he such garage shall be more than one story in height and shall neve ing quarters of any kind, itl►er for guests, members of the family or servants, tion or maintenance of o-called °garage apartments° on any lots is expressl plan and design of any building to be built on any lot shall be first submit per, J.H.Hobba, or his nominee, for approval, and written approval must be o the express intention of the developer to maintain a uniform plan of development, with respect to design, size, type, cost and general appearance of the structures to be erected in this subdivision. 3. No dwelling shall be permitted on any lot which does not have at least the following square feet of floor space of living area: 1,000 square feet if the dwelling has an attached carport (not including the floor space of the carport) or 1,300 square feet if it does not have an attached carport. Nor shall any building of anykind be erected, altered, placed upon or permitted on any lot, the exterior finish of which is not constructed of either brick or stone; however, this does not prohibit the use of wood, and other standard building materials in the constructiar, of the roof, windows and doors, gables, second stories, etc. 4. No building or structure of any kind :shall be located on any lot nearer than five feet to any side line, nor nearer than seventy feet to the front or street line with the exception only of lots 26, 27, 28, 29 and 30 on which lots the set back from the front or street line shall be only fifty feet-. 5. No commercial trade or activity shall be carried on upon any lot and not any noxious trade or activity whatsoever shall he carried on upon any lot, nor shall anything be done thereon which may he, or may become, an annoyance or nuisance to the heighborhood. 6.*No structure of a temporary character, trailer, mobile home, tent, shack, garage, garage apartment, barn or other outbuilding shall be used on any lot as a residence, either temporarily or permanently, either for the owners of said lot, tenants, servants or other persons. 7-. No hogs, cattle, sheep, goats, horses, poultry or other livestock shall be raised, bred or kept on any lot; however, dogs, cats or other household pets may be kept pro- vided that they are hot kept, bred or maintained for any commercial purposes. 8. No lot or area shall be used or maintained as a cumping ground for rubbish, trash, garbage or other waste, and such materials may not be kept on any lots, except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. 9. No surface closets or out -houses shall be kept or maintained on any lot, and a swags disposal shall be by septic tank only, which shall comply with the requirements of the North Carolina State Board of Health, until such time as a general sewage disposal system may be installed. 10. There shall be no change in the layout of any lot or lots as shown on the map above referred to, and no lot shall be subdivided unless such part of a subdivided lot becomes a part of a whole lot, and the remaining part of such subdivided lot becomes a part of another whole lot. 11. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-one years from the date hereof, after which time said covenants shall be automatically extended for successive periods of ten years unless an instrument in writing signed by the owner or owners of a majority in amount of the lots in said subdivision is recorded which changes said covenants in whole or in part. Any person or corporation owning any lot or lots in said subdivision shall have the right and authority to bring appropriate legal proceedings to prevent or stop violations of these re- strictive covenants, and/or recover damages for such violation or violations. 12. Invalidation of any one of these covenants by judgment or (burt order shall in no wise effect any of the other provisions, which shall remain in full force and effect. IN 1-117HESS WHEREOF, the parties have hereunto set their hands and seals, this the 31st day of October, 1962. James H,Hobbs (SEAL) Mildred B.Hobbs (SEAL) STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, Daniel B.Hardee, a Notary Public in and for the State and County aforesaid, do hereby certify that JAMBS H,HOBDS and wife, MILDRED B.HOBBS, personally appeared before me this ; day, and ackno*ledgad the due execution of the foregoing instrument. Witness my hand and Notarial Seal, this the 31st day of October, 1962. Daniel B.Hardee Notary Public (Notarial Seal) My commission expires: 4/12/64 STATE OF NORTH. CAROLINA NEW HANOVER COUNTY The foregoing Certificate of Daniel B.Hardee Notary Public of New Hanover County, is adjudged to be corre'tt. Let the instrument with the Certificate be recorded. This the 31 day . of Oct. 1962. Ethel A.Brown ;Received and Recorded this 31st day Dy. Clerk Superior Court of Oct„ 1962 at 4:05 P.M. & Verified Dr, by Elkins & Calder Fl i-810 6mmissioners - June 3, 2024 ITEM: 13- 11 - 127 31 T!(CMAs BRANCH WIR 1 STAT OF.NORTH CAROLINA .1 COUNTY. OF NEW HANOVXR WARE DEED . . GARVIN S.BPAINHOUR- d WIFE : 'r THIS INDENTURE made.. thi.a the 14t- ay: of Sapp -ember, F DEED 1 1969.,- by THC+IAA BRANCH and' wife, ILA' BRANCH of Winston Salem Forsyth Countyy; North Carolina,.partles of the first part; to CARVIN S.SPAIN110UR.and wife, him 11.6PAINIIOUR, of Davidson County, North Carolina, parties 'of the second. part= 1 That t)I6 said papti'g{s of,'the first-,p.kt ':Tor and ih consideration oi`='the: etas of R' TEN ($10.00) DOLLARS. and other valuable consideratlo' ns to then in hand; pai'O ;by.:the 4aid parties of the eeaelsci pat.,rbCb'ipt of,lv}11ah. ia.,hbreby.:aokrii�oiletlgad, have:gi'V'en,::$rtititbd,:bar .. gained And i61d,.aliened :and oonvsyed.and lj`.thaee:presents.do her g1ve,:grants• bargain c'and sell, alien, corivay.at►d oonfir<n .tthto the 'sold parties:Or the se -cork' - t Md';.to. their, h:birs I; avid. assigns;; forever,. all that. oe'r. tale lot or parcel:or • land, lyying: and baii:g' in Wilmington.:_, ? Beach, Fgderal:Pobnt Township,. New Hanover County and-.8tate of. North Carolina" and marg;par= a. 'titularly described ap.follows; '6'-wits:........: :. BEING all of Lot No.lQ irr B1ook No:29. of: Wilitingtoli Ile$ah &e shown on a, ;nap duly recorded in Map Book 2'ab'.`Page 1�30 of. the R Hanover County Public Registry. t. This conveyahce is made subject -to restrictive.covenants, if any, together with all improvement%, furniture and equipment in the abovecottage. Together with all and singular, the lands, tenements, easements and appurtenances thereto belonging, or in any*ise appertaining. I TO HAVE AND TO HOLD lliE above granted and described premiaes, together with all and singular, the rights, privileges, easements, tenements, and appurtenances thereunto belonging, i or in anywise appertaining unto the said parties of the second part, their heirs and assigns, in . fee eimo3e, FOREVER. And the said parties of the first part, for themselves, their heirs, executors, and administrators do covenant to and with the said parties of the second part, their heirs and assigns, that they are seized in fee of the above granted and described premises, and they have good right to sell and convey the same in fee simple; that the same are free and clear from any and all encumbrances, and that they will and their heirs, executors and administrators` shall WARRANT AND DEFEND the title to the same against the lawful claims and demands of any and all persons whomsoever. IN TESTIMONY WHEREOF, the said parties of the first part have hereunto set their hands and affixed their seals, the day and year first above written. Thomas Branch (SEAL) ($4.40 U.S.Doc.Rev.Stampa) THMIAS BRANCH Ile Branch (SEAL) STATE OF NORTR CAROLINA R COUNTY OF NEW HANOVER I, Katherine S.Farmer, a Notary Public, in and for the State and County aforesaid, do hereby certify that Thomas Branch and his wife, Ila Branch, personally appeared before me this day and acknowledged the due execution of the foregoing and annexed Instrument, for the purposes therein expressed. Witness my hand and Notarial Seal, this the 14th day of September, 1962. Katherine S.Farmer Notary Public (Notarial Seal) My commission expires: 11/29/62 STATE OF NORTH CAROLINA NEW HANOVER COUNTY The foregoing Certificate of Katherina S.Farmer Notary Public of New Hanover County, is adjudged to be correct. Let the instrument with the Certificate be recorded. Drawn by W.L. Farmer. This the 2 day of Nov. 1962. Lois C.LeRay DRAWN BY:.W.L.Farmer, Attorney at Law Dy, Clerk Superior Court 309-310 Ins. Bldg. 2nd & Princess St. Wilmington, N.C. NO TITLE SEARCH. Received and Recorded this 2nd day of Nov. 1962 at 9:45 A.M. and Verified Register of Deeds - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ,. JAMES F.WHITE & WIFE STATE OF NORTH CAROLINA TO COUNTY OF NEW HANOVER CARL F.ALTMAN & WIFE THIS DEED, made this September 24, 1962, by and between DEED JANSS F.WHITE and wife, ELSIE SMITH WHITE, of the City of - Oxford County of Granville, State of North Carolina, parties of the first part, and CARL FREDR16K 'A:.TMAN and wife, LINDA PATRICIA ALTMAN, of the County of New Hanover, State of North Carolina, parties of the second part; WITNESSETH: The parties of the first part, for and in consideration of the sum of TEN ($10.00) DOLLARS, and other good and valuable considerations to them in hand paid by the parties of the second part, at and before the eneealing and delivery of these presents, the receipt of which is hereby acknowledged and confessed, have given, granted, bargained, sold, conveyed and con- firmed, and by these. presents, 'do give, grant, bargain, sell, convey and confirm unto the parties of the second part, their heirs and assigns forever, all those certain lots parcels or tracts of land, situate, lying and being in MASONBORO TOWNSHIP, NEW HANOVER COUNTY, STATE } OF NORTH CAROLINA. more particularly bounded and described as follows: BEING all of Lots 14 15 and 16,,in Block 2, Section A, -of Silver Lake Subdivision, r as shown on the Map thereof, duiy recorded in Map Book 4, at Pages 106 and 107, in the Office e of the Register of Deeds of New Hanover. County, subject to restrictions applicable to said property as set out in instrument recorded in Book 419, at Page 272, of said Registry. TO HAVE AND TO HOLD the above granted and described lands and premises, together with all and singular, the tenements, hereditaments and appurtenances thereunto' belonging to. w the parties of the second part, their heirs and assigns forever, SUBJECT to-1962 taxes.. AND the parties -of the first part, for themselves, their heirs and personal re- presentatives, covenant and agree to and with the parties of the second part, that the parties of the first part are seized of an indefeasible estate of inheritance in and to said lands and premises, andhave good right, full power and lawful authority, to sell and convey the r same in fee; that the sane dre free and clear of all encumbrances whatsoever, a»d they will y and their heirs and personal representatives shall warrant and.defend the title of the same $ unto the parties of the second part, their heirs and assigns forever. ) IN WITNESS WHEREOF, the pargde of the first part have hereunto set their hands and 2 Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 128 Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 129 MORGHAN GETTY COLLINS Register of Deeds New Hanover County Register of Deeds 320 Chestnut Street Suite 102 Wilmington, North Carolina 28401 Telephone 910-798-4530 • Fax 910-798-7751 �v N TY G � 0 1 LISHIEV—� I do hereby certify this to be a true and accurate copy of the document filed and recorded in New Hanover County Register of Deeds Office as evidence in Book No 805 at Page No 789. Morghan Getty Collins, Register of Deeds 5/20/2024 uty Re ter of Deeds Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 130 , eo�c 8�5 Ir E 700- . '►',�. STATE OF NORTH CAROLINA COiRiTY.OF NEN NANOVaR`` * DECLARATION of RSSTRxCTIONs- $WON ALL HER: BY R'HSBS- PRESENTS, `that. wqgOg$g and wife, MILOR80 By=HOBBS of Nev Nedovdr abty, Noi'hh GiroTina: wh0'ara.. all of the oanara`of'(ail of th4 loci.dn_ thiL. obrtaiii btiiiGid3 ien Feaerai Point Yb+mshipy New°magovot County, North Gasoline, known I .: as SRotipne Numbers1►put: l+ive..ai�� $ix. of battle park SUbdiV410 t, as the aaaw.are shown on a,map or plat of said subdivision prepared by C. p.'Hlomma, Jr., Registered Land Surveyor, Khioh is recorded in Nap Book 8 at Page 411 Nap Hook B at Page i97 and= Map Book 4 at Page __t5 ,all in the office Of the Register of Deeds of New 8anover County, in order to promote a uniform and harmonious development of said subdivision, do hereby covenant and agree to and with each other and with all persons, firms, or corporations now owning or hereafter acquiring any of the above mentioned lots, that the use of all of said lots is hereby made subject to the following ro- strictions or restrictive covenants, which shall run with the land and be binding upon said Iota and whomsoever owns the same= to -wit: 1. No lot shall be put to any use other than for residential purposes. No portion of any lot or lots shall be used for a4oadway, either public or private, except that a portion of any lot may be used as a driveway incidental to the normal use of such lot for res- idential purposes and with the further exception that if in'the discretion of the developer of this subdivision. J. H. Hobbs, it appears advisable to use any lot or lots in this subdivision for a street or roadway in connection with the further development of said such lotion otstas adstreet9or rooadway 8P videedihoowweeverr thatalot 12 in section 6 shall be exempted from this provision of these -restrictive covenants and any other provision of these restrictive Covenants which would prevent its use as pumping station for a community water cyst of a well and 2. No building shall be erected, al u permttted to remaie on any lot other than in, or dwelling not to exceed two stories in hen ied single family for not more than two cars. No such pr to garage story in height and shall never be usedrf more than one kind, either for guests, members of the f qualm of any, construction or maintenance of so-called garage apsartments• oa any lots is expressly prohibited. The plan alto design of any building JJ.. 8 Hobbs, built or hislnomineeot 1 for sapprobe a and written approvtte 'to the al must be nobtained, as it is the express intention of the developer to .. tYP6* Cost, and maintain a uniform plan of development, with reepeat to design, rise, In this subdiviviOn.ral appearance of the, structures to be pivoted This is a true and accurate copy as ftd iq nmissioriref9urLW&go "24Deeds office. ITEM: 13- 11 - 131 L _i_.--...-.. �. No' dwelling shaall be pesiaitted Oi have at least the kollowiq any `l_ot.wwhich doss not area, 1,000 Square feet is tsghe d elf a of flocs- am attached Of living ;•• (not Includingthefloor space of the oawrt) or 4 300 aquarnraorfeet If it does not'have an attgahed oagftt. Nor shall any building. of any.kind be erected, altered, placed the exterior finish of Nhich'i0laoti-bounettructed oft@ than ti Any lot; stone] howevsv this does, not probitiXt the.,use=oP wood; atld'Otli9ir. 6k Or standa d building: materEle-F-in the .construotioh of the 'roof. win+ itowi'and dons:,gables; second efoxies, eto. d+z wo hailding or etrtiotgre of. any kind. shall be located any lot.aearar ibex► Five feet from say bide line, nor neater than seventy feet from the front or street line. Provided however, that au to iota 13, le and 15 £n�secticii $ the front and side set back lines Shall be left to the determination of the developer, �7, H. Nobbo. No comme lot and no norcial trade or activity shall be carried on upon any xious trade Or activity whatsoever ehali be carried on Volk any lct,.nor shall anything be done thereon which may be, or may become••an annoyance or nuisance to the neighborhood. 6. No structure of a temporaryy character, trailer, mobile home, tent, shack, garage, garage apartment, barn or other outbuilding i shall ba used on any lot'as a residence, either teporerily or per- t manently, either for the owners of said lottenants other persona. , , aervants or 7. No hogs, cattle:*sheep, goats, horses, poulttY, or other. livestock shall be raised, bred,'or kept on any lot; however, dogs, cats or other household pets may be kept provided that they are not kept, bred, or maintained for any commercial purposes. B. No lot or area shall be used or maintained as a dumping ground for rubbish, trash, garbage or other waste and ouch materials cinerators orpother et on quipment forpthenesanitatorage or containdisposaers. All uchin- material shall be kept in a clean and sanitary condition. 4. No surfact closets or out -houses shall be kept or maintained shall on any'lot, and sewage disposal shall be -by septic tank only, which comply with the requirements of the North Carolina state Board of Health, until Suchfime as a general sewage disposal system may be installed. 10. There shall be no change in the layout of any lot or lots as shown on the map referred to, and no lot shall be subdivided unless such a part of a subdivided lot becomes a part of a whole lot, and`' the remaining part of Such subdivided lot becomes a part of another whole lot. 11. These covenants are to run with the land and shall be binding on 'all parties and all persons claimin. twenty-one years from the date hereof;g under there for a period of after which time said covenants shall be automatically extended for successive periods of ten years unless an instrument in writing, signed by the owner or owners of majority in amount of the lots in 'said Subdivision is recorded which changes said covenants in whole or in part. Any person recorded corporation ,.. owning any lot or iota in said subdivision shall have the"right and authority to bring appropriate legal proceedings to prevent or stop such violation or violations. violations of these restrictive covenants, anii/ox recover damages for 12*6 invalidation of Ong of or Court order shall in no, ise affect Any of these -CO a otherbprovdg judgment which shall remain in full force and effect. This is a true and accurate copy as oggrig Bfe"Mp iun gjstmpf}Deeds office. ITEM: 13- 11 - 132 WIT01111411; VABREO# the SoAlos Nava rounWast, lhsar. henAle al Md. 0,; th i thi b MATE Of 1401" 0OU" TY OF HRWHANOVEft-, A Notary Public -in and for the ~ ' 4000*110i',Auntyaforesaid, omaid., do -her,eby cottity that J. H. mugs and Sao, PartmaUy P-7 140 appeased b6toxe me this day, -and I Ww,1Q;;-&.qShG due execution of the' fare' goipq instrument. `P•eb (i ?A1s � hand and motarlij goal, this. the _E74%y of MY Commission expires: 9- STATE OF NORTH CAROLWK COUNTY OF HIM HANOVER. • The foregoing certificate Of Public of Neil Haha"t County, . is 0 Notary instrument with the c6zUfj-CiQ I corm .., the Lawyer. be d. cordeDram by*Robort Calder This .tile.d'LpapF:ol 741ituiik, 1967.— .. 0#0 This is a true and accurate copy as f%dod 6fq_�r"WMArBfjqunjm&j_Q4 Deeds officf- ITEM: 13-11 -133 &_tW ?G-AAQ Se.,cXi sY,s OL �i�'eiv �C�✓�S Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 134 MORGHAN GEM COLLINS Register of Deeds New Hanover County Register of Deeds 320 Chestnut Street Suite 102 Wilmington, North Carolina 28401 Telephone 910-798-4530 • Fax 910-798-7751 \)NTY G � �gSLISH�D� I do hereby certify this to be a true and accurate copy of the document filed and recorded in New Hanover County Register of Deeds Office as evidence in Book No 3212 at Page No 809. Morghan Getty Collins , Register of Deeds 5/20/2024 ; Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 135 `./ v� Prepared by Daniel D. Mahn, Attorney at Law FOR REGIS��TION REGIT. CHRISff W OF DEEDS 2ee2 08 COUNTY NC 9K_8212 PG e09-814 FEE: 28,l0 INSTRUMM • 2ee2e = STATE OF NORTa CAROLINA A11lZNDN3XT OF DECLARATION OF RESTRICTIONS COUNTY OF NEN HANOVER OF BATTLE PARK SUBDIVISION SECTIONS FOUR, FIVE, AND SIX THIS AMMM TT OF DZC1JARkTION OF RESTRICTIONS OF BATTLE PARK SUBDIVISION, SECTIONS FOUR, FIVE, AND SIX, made and entered into this r A5L_ day of February, 2002, by and between the undersigned Lot Owners in Sections Four, Five, and Six of Battle Park Subdivision, said owners being a majority of the lot owners in said Sections Four, Five, and Six of Battle Park Subdivision; NiT19E8SET8: THAT WHEREAS, J. H. Hobbs and wife, Mildred B. Hobbs, were the developers of Sections Four, Five, and Six of a subdivision known as BATTLE PARK, as shown on maps recorded in Map Book 8 at Page 41, Map Book 8 at Page 57, and Map Book 9 at Page 45, all of the New Hanover County Registry; and WHEREAS, on February 27, 1967, the said J.H. Hobbs and wife, Mildred B. Hobbs, caused to be recorded in the Office of the Register of Deeds of New Hanover County, North Carolina, a Declaration of Restrictions for Sections Your, Five, and Six of BATTLE PARK, which said Declaration of Restrictions applies to all lots sold in the said Section Four, Fice, and Six of said BATTLE PARK subdivision, and which are recorded in Book 805 at Page 789 of the New Hanover County Registry; and WHEREAS, said Restrictions were amended by that Amendment recorded in Book 1499, at Page .1138, of the New Hanover County Registry, and WHEREAS, Restriction 1 of said Declaration of Restrictions states "No lot shall be put to any use other than for residential purposes. No portion of any lot or lots shall be used for a roadway, either public or private, except that a portion of any lot may be used as a driveway incidental.to the normal use of such lot for residential purposes and with the further exception that if in the discretion of the developer of this subdivision, J.H. Hobbs, it appears advisable to use any lot or lots in this subdivision for a street or roadway in connection with the further development of said subdivision and the adjoining lands then said developer may use any such lot or lots as a street or roadway. Provided however, that Lot 12 in Section 6 shall be exempted from this provision of these restrictive covenants which would prevent its use as the location of a well and pumping station for a community water system"; and WHEREAS, Restriction 2 of said Declaration of Restrictions states "No building shall be erected, altered, placed upon, or permitted to remain on any lot other- than one detached single family dwelling not to exceed two stories in height, and a private garage for not more than two cars. No such garage shall be more than one story in height and shall never be used for living quarters of any kind, either for guests, members of the family or wiled To K. Pd VUA/ 1 J (ao 00)- kj� F. A,,-c- iv r. I A ID _ n§ tt I This is a true and accurate copy as filed Bidbedlietfbmmissioners - June 3, 2024 ITEM: 13- 11 - 136 servants, and the construction or maintenance of so-called "garage apartments" on any lots is expressly prohibited. The plan and design of any building to be built on any lot shall first be submitted to the developer, J.H. Hobbs, or his nominee, for approval, and written approval must be obtained, as it is the express intention of the developer to maintain a uniform plan of development, with respect to design, size, type, cost, and general appearance of the structures to be erected in this subdivision;" and WHEREAS, Restriction 3 of said Declaration of Restrictions states that "No dwelling shall be permitted on any lot which does not have at least the following square feet of floor space of living area: 1,000 square feet if the dwelling has an attached carport (not including the floor space of the carport) or 1,300 square feet if it does not have an attached carport. Nor shall any building of any kind be erected, altered, placed upon or permitted on any lot, the exterior finish of which is not constructed of either brick or stone; however, this does not prohibit the use of wood, and other standard building materials in the construction of the roof, windows and doors, gables, upper stories, etc."; and WHEREAS, Restriction 4 of said Declaration of Restrictions states that "No building or structure of any kind shall be located on any lot nearer than five feet from any side line, nor nearer than seventy feet from the front or street line. Provided however, that as to lots 13, 14, and 15 in Section 5 the front and side setback lines shall be left to the determination of the developer, J.H. Hobbs"; and WHEREAS, several houses have been built within the said subdivision which have exterior finishes that are constructed of wood and other building materials that are modern and attractive, and do not interfere with the harmonious development of the subdivision, but the finishes of which are a technical violation of the recorded Declaration of Restrictions; and WHEREAS, several houses have been built within the said subdivision which comply with the front, side, and rear building setbacks established by the applicable New Hanover County ordinances, but which are closer to the front and/or side lot lines than the said setbacks required pursuant to the said Declaration of Restrictions; and WHEREAS, the Developer, J.H. Hobbs, is now deceased, and did not name a nominee to exercise the approval rights reserved to the developer by the said restrictions; and WHEREAS, Restriction 11 of said Declaration of Restrictions states that "These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-one years from the date hereof, after which time said covenants shall be automatically extended for successive periods of ten years unless an instrument in writing, signed by the owner or owners of a majority in amount of the lots in said subdivision is recorded which changes said covenants in whole or in part....."; and WHEREAS, the undersigned Lot Owners, recognizing the nature of modern construction and the need for the modern development of the said subdivision with regard to modern construction materials, setbacks, techniques, house plans and house sizes, and also recognizing the existence of houses already constructed within the subdivision that may. not comply with the aforesaid setback requirements and that may not comply with the exterior construction materials required by the said Declaration of Restrictions, now desire to amend Restriction Number 1, Restriction Number 2, Restriction Number 3, and Restriction Number 4 as hereinafter set forth, pursuant to Restriction Number 11 of the said Declaration of Restrictions. This is a true and accurate copy as filed "nJ4*V,(hw9YftfiO WERegiune 3, 2024 ITEM: 13- 11 - 137 NOW TWRZFORB, the undersigned, being the Owners of a majority in amount of the lots in Sections Four, Five, and Six of Battle Park Subdivision, do hereby amend Restriction Number 1, Restriction Number 2, Restriction Number 3, and Restriction Number 4 of that certain DZCLARATION OF RESTRICTIONS OF SZCTIONS F=, FM, AND SIX OF BATTLE PARK Subdivision as recorded in Book 805 at Page 789 of the New Hanover County Registry, as follows- 1. 3xcept as herein provided, no lot may be put to any other use other than for residential purposes. No portion of any lot or lots shall be used for a roadway, either public or private, except that a portion of any lot may be used as a driveway incidental to the normal use of such lot for residential purposes and with the further exception that if it is necessary or convenient to use any lot or lots in this subdivision for a street or roadway in connection with the further development of, or construction on, any lot or lots in the subdivision or for the developssent of adjoining lands, than any lot or lots in the subdivision may be used as a street or roadway. Provided, however, that Lot 12 in Section 6 shall be exempted from this provision of these restrictive covenants and any other provision of these restrictive covenants which would prevent its use as the location of a well and pumping station for a community water system. 2. No building shall be erected, altered, on, or par- mitted to remain on any lot other than one 411r.., inle family dwelling not to exceed two stories in height, a garij of r not more than two cars, a storage building or and a pool - house incidental to the use of a swinging po garage or other outbuilding shall be more than one story ht and shall never be used for living quarters of any kind, either for guests, members of the family or servants, and the construction or maintenance of so-called garage -apartments on any lot is expressly prohibited. 3. No dwelling shall be permitted on any lot which does not have at least one thousand square feet (1000) of floor space of living area. No concrete block, concrete brick, asbestos siding, aluminum siding, cinder block, nor tar paper composition shall be used for the exterior of any residence constructed on any building lot within the subdivision, it being intended that only homes with conventional frame, wood, vinyl, masonite-type hardboard, brick, clay brick, stone, stucco, or similar conventional synthetic or natural siding exterior be constructed on the lots subject to this Declaration of Restrictions. 4. Since the establishment of standard inflexible building set- back lines for location of houses on lots tends to force construction of houses directly to the ■ids of other homes with detrimental effects on privacy, view, preservation of important tress and other vegetation, ecological and rel#ted considerations, no specific setback lines are established by this Declaration of Restrictions. However, no house shall be erected closer to the front and rear lot lines or nearer to any side lot line thaw the -4-4 um distances established by applicable New Hanover County ordinances. It is understood and agreed that except as otherwise amended herein, all remaining restrictions contained in that certain Declaration of Restrictions of SECTION FOUR, FIVE, AND SIX OF BATTLE PARK subdivision recorded in Book 805 at Page 789 of the New Hanover County Registry shall remain in full force and effect, and are incorporated herein by reference as if fully set out. This is a true and accurate copy as fi' Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 138 IN WITNESS WHEREOF, the undersigned owners have hereunto set their hands and seals, and the corporate owner has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, all the day and year first above written. Hobbs & ompany of Wilmington, Inc. By: e ent ORTH CAROLINA NEW HANOVER I, 304C/rE S.C4h(tsn'6kW0(- a Notary Public in and for the County and State aforesaid, do hereby certify that E.Rtinu ar. personally appeared before me this day and acknowledged that he/Ai personally saw James Henry Hobbs, Jr., Evelyn G. Hogbbs, Rupert Strickland, Nancy T. Strickland, Patricia Faye Hobbs YZe"rs, Gerald M. Myers, Kenneth R. Parker, Eloise T. Parker, Stephen L. Hobbs, and Lisa Hobbs sign the hereinabove instrument and that e.a SC . personally acknowledged the due execution by James Henry HoBbs, Jr., Evelyn G. Hobbs, Rupert Strickland, Nancy T. Strickland, Patricia Faye Hobbs Myers, Gerald M. )*ers, Kenneth R. Parker, Eloise T. Parker, Stephen L. Hobbs and Lisa Hobbs of the foregoing instrument for the purposes therein ex- pressed. witness my hand and notarial seal this 25 day of February, 2002. My Commission Expires: sC y-tto-Olo Notafy Public OTA NO This is a true and accurate copy as flied Board of Commissioners -June 3,L2024office. ITEM: 13- 11 - 139 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I,a Notary Public in and for the County and staff aforesaid, certify that ENMt„,, YOUD 4 personally came before me this day and acknowledged that she is Secretary of Hobbs & Company of Wilmington, Inc., a North Carolina Corporation, and that by authority duly given and as the act of the Corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal and attested by her as its Secretary. Witness my hand and notarial stamp or seal, this 'A%c' day of February, 2002. My Commission Expires: l'A--16--Qi2 4 Notary lic This is a true and accurate copy as filed "fd of Commissioners - June 3, 2024 ITEM: 13- 11 - 140 REBECCA T. CHRISTIAN REGISTER OF DEEDS, NEW HANOVER JUDICIAL BUILDING 316 PRINCESS STREET WILMINGTON, NC 28401 NMIA#10 R 4 4.4�L RR R R4 RRi#RR►*AAi�*Ni MRf �MlMlRR#!Mf## RwRA##Mf M#ARAM*M# kkiRw►!Af M�RR�M#�1i11 \il * R RA*f U41RilMAf!#!Mf►R Filed For RegWration: 02/25/2002 03:23:59 PM Book: RE 3212 Pip. 809414 Docurnent No.: 20020093N AMEND 6 POS $26.00 RMF4 ib�Rei4tR{rtRH44RRy.�RfR4y�Ri►44R41M�KRRMv'.�R N�-f1 iYfiwAi#B#RRtFPiA&x. AMA State of North Carolina,, County of New Hanover The foregoing certlflCate of JOYCE CARMACK Notary Is, +cartMed to be correct. This 25TH of Febnory 2002 REBECCA T. CHRISTIAN , REGISTER OF DEEDS By: W 1Q Depulyl Teter of Deeds MAM AMAl1AA.AAMAMAMAMAMAM AAA4AAAAAARA*A *2002009352* . K9 ;�X'. This is a true and accurate SNydaoff ed in, t o New �uneo�3er RR my Register of E ITEM: 13- 11 - 141 Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 142 MORGHAN GEM COLLINS Register of Deeds New Hanover County Register of Deeds 320 Chestnut Street Suite 102 Wilmington, North Carolina 28401 Telephone 910-798-4530 • Fax 910-798-7751 TY '411111110 I do hereby certify this to be a true and accurate copy of the document filed and recorded in New Hanover County Register of Deeds Office as evidence in Book No 5861 at Page No 2157. Morghan Getty Collins, Register of Deeds 5/20/2024 fib# 'puty Re ' ter of Deeds Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 143 Tammy Theusch Beasley Register of Deeds New Hanover County, NC Electronically Recorded 2015 Jan 09 02:30 PM RE Excise Tax$385.00 Book: 5861 Page: 2157 Fee: $26.00 Instrument Number:2015000676 Nonstandard Fee: $0.00 GENERAL WARRANTY DEED REVENUE: $ ✓?ff.00 THIS INSTRUMENT WAS PREPARED BY: NORTH CAROLINA COUNTY OF NEW HANOVER PIN: R07906-003-002-000 James C. Huff Hutchens Law Firm *This is the grantors primary residence* 144- THIS DEED made this 0 day of January, 2015 by and between Vivian M. Livengood, widow, whose mailing address is 1416 Conaelton Road, Wilmington, NC 28409 hereinafter called Grantor and John Radecsky and Vivian A. Radecsky, whose. mailing address is 174 Pine Bank Road, Flemington, NJ 08822 hereinafter called Grantee; The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH That the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in New Hanover County, North Carolina and more particularly described as follows: submitted electronically by "Hutchens Law Firm" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the New Hanover county Register of Deeds. This is a true and accurate conv as filed in the New Hanover County Register of Deeds office. Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 144 SEE EXHIBIT "A" The property hereinabove described was acquired by Grantor by instrument recorded in Book 3950 at Page 632 of the New Hanover County Registry. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: Restrictive covenants, easements and rights of way as may appear of record in the aforesaid registry, 2015 ad valorem taxes and all applicable zoning and land use ordinances. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in the corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written. nJ V. a;�" (SEAL) Vivian M. Livengood CF STATE OF NORTH CAROLINA f1 COUNTY OF I, '+�. rL 1v 0 Fl .C... l � I , A Notary Public of the County and State aforesaid certify that Vivian M. Livengood, Grantor personally appeared before me this day, and acknowledged the execution of the foregoing instrument. WITNESS my hand and official seal, day of January, 2015. Dale: NOTARY PUALIC My Commission Expires: { SEAL } OFF110AL SEAL Notary Public, North Carolina County of pander Ada N. ErAn submitted electronically by "Hutchens Law Firm" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the New Hanover county Register of Deeds. Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 145 E B A BEGINNING at a concrete monument in the eastern 1me of Appomattox Drive, said point being the southwestern corner of Lot 27 in Section 2 of Battle Park Subdivision as the same 'appeals on a plat thereof recorded in Map Book 7 at page 99 of the New Hanover County Registry, - thence S 81 deg 25 min E 194 8 feet to a point, the southeastern corner of said Lot 27; thence S 24 deg. 20 min. W 65 4 feet to a concrete monument; thence S 22 deg. 13 min E 43 6 feet to a point, the northeastern corner of Lot 26; thence N 81 deg. 25 nun W 218.3 feet to a concrete monument in the eastern right of way line of Appomatox Drive, marking the northwestern corner of Lot 26, thence N 22 deg 13 n ui W 12.4 feet along the eastern right of way line of Appomatox Drive to a point, thence N 24 deg. 20 min. E 93.2 feet along the eastern right of way line of Appomatox Drive to the Point of Beginning; And the same being, or intended to be, that certain tract or parcel of land lymg between said lots 26 and 27 and designated "RETAINED BY J H HOBBS" on the aforementioned plat of Section 2 of Battle Park Subdivision This is a true and accurate conv as filed in the New Hanover County Register of Deeds office. Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 146 Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 147 MORGHAN GEM COLLINS Register of Deeds New Hanover County Register of Deeds 320 Chestnut Street Suite 102 Wilmington, North Carolina 28401 Telephone 910-798-4530 • Fax 910-798-7751 n O r li) F � � z� ` BLISHVO 1 I do hereby certify this to be a true and accurate copy of the document filed and recorded in New Hanover County Register of Deeds Office as evidence in Book No 6606 at Page No 2956. Morghan Getty Collins, Register of Deeds 5/20/2024 L uty R ster of Deeds Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 148 Book 6606 Page 2956 BK: RB 6606 PG: 2956 - 2969 RECORDED: 11M 612022 03:47:28 PM BY. SAMANTHA SPEAKER DEPUTY NC FEE $26.00 2022039447 NEW HANOVER COUNTY, REAL ESTATE TAMMY THEUSCH PIVER NORTH CAROLINA GENERAL WARRANTY DEED REGISTER OF DEEDS EXTX $270.00 ELECTRONICALLY RECORDED Revenue Stamps/Excise Tax: $270.00 Parcel Identifier Number: R07906-001-011-000, R07906-001-010-000, R07906-001-009-000 Prepared by: CLINE LAW GROUP PLLC, 6329 Oleander Drive, Wilmington, NC 28403 Return to: Cline Law Group PLLC, 6329 Oleander Drive, Wilmington, NC 28403 BRIEF DESCRIPTION FOR INDEX: LOT 16R, 17R, 18R MC AULEY FAMILY TRUST SEC 1 BATTLE PARK THIS WARRANTY DEED, made this 14th day of November, 2022, by and between: GRANTOR MICHAEL JAMES MCAULEY, TRUSTEE OF THE MCAULEY FAMILY TRUST DATED THE 22ND DAY OF MARCH, 2014 1871 Flint Valley Lane Apex, NC 27502 GRANTEE ANCHOR LAND INVESTMENTS, LLC, A NORTH CAROLINA LIMITED LIABILITY COMPANY 7150 River Road Wilmington, NC 28412 WITNESSETH: The GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations to it in hand paid by the GRANTEE, the receipt whereof is hereby acknowledged, has bargained and sold, and by these presents does hereby grant, bargain, sell, and convey unto GRANTEE, its successors and assigns forever, all that certain real property located in New Hanover County, submitted electronically by "Cline Law Group PLLC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the New Hanover county Register of Deeds. this is a true and accurate Bgaycasrf4l6mmisaienww-Hanevi�r2Cmnty Register of Deeds office. ITEM: 13- 11 - 149 Book 6606 Page 2957 Wilmington, North Carolina, and more particularly described in Exhibit A attached hereto and incorporated herein by reference. SUBJECT TO the provisions of all applicable zoning and land use ordinances, statutes and regulations; taxes for the current year, and subsequent years, not yet due and payable; all applicable easements, rights of way, restrictions, and reservations of mineral rights of record, including without limitation of all covenants conditions, restrictions and easements running with the title as set forth in the New Hanover County Registry; and any other matters appearing of record in the New Hanover County Registry, as of the date of this Deed. The property hereinabove described was acquired by GRANTOR by instrument recorded in . A map showing the above described property is recorded in Map/Plat Book 64 at Page 369. TO HAVE AND TO HOLD the above granted and described property. Together with all and singular, the rights, privileges, easements, tenements, and appurtenances thereunto belonging, or in anywise appertaining unto the said GRANTEE, its successors and assigns, in fee simple, forever. And the GRANTOR, for itself, its successors and assigns, does covenant to with the said GRANTEE, its successors and assigns, that GRANTOR is seized in fee simple of the above granted and described property; that GRANTOR has good right to sell and convey the same in fee simple; that the same is free and clear from.any and all restrictions, easements, or encumbrances except those set forth above; and that GRANTOR will warrant and defend the title against the lawful claims of all persons whomsoever. Pursuant to N.GG.S § 10S 317.2, the property herein described includes the primary residence of the GRANTOR does not include the primary residence of the GRANTOR IN TESTIMONY WHEREOF, the said GRANTOR has caused this instrument to be executed the day and year first above written. Michael James McAuley, Trustee of the McAuley Family Trust ted the 22nd day of March, 2014 BY. 41,� �L NiU� chael Jaras McAuley Trustee 0 2 This is a true and accurate coplaaff rimsM"aw KwwseMbunty Register of Deeds office. ITEM: 13- 11 - 150 Book 6606 Page 2958 STATE OF Oft C 9,1(0) COUNTY OF W--lUI/ I, a Notary Public, do hereby certify that Michael James McAuley personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and (where an official seal is required by law) official seal. This the day of �Wt&kLl— , 20 Printed Name: 68 l SSq - lK{/ I 1 &V My Commission Expires: A0 (� %093 3 MELISSA JULIAN Notary Public - North Carolina Wake County My commission Expires Apr W, 2023 Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 151 Book 6606 Page 2959 EXHIBIT "A" BEING ALL OF LOTS 16R, 17R, AND 18R IN SECTION ONE (1) OF BATTLE PARK SUBDIVISION AS THE SAME APPEARS ON A MAP RECORDED IN MAP BOOK 64 AT PAGE 369 OF THE NEW HANOVER COUNTY REGISTRY. The below included information is included for reference only. Property Common Address: 547,535,539 Manassas Drive, Wilmington, NC 28409 Property Parcel ID: R07906-001-011-000 R07906-001-010-000 R07906-001-009-000 4 This is a true and accurate copoaff Msd AtsthmWaw b1awve2Qunty Register of Deeds office. ITEM: 13- 11 - 152 Pbcss�-� o- 1 LL Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 153 MORGHAN GEM COLLINS Register of Deeds New Hanover County Register of Deeds 320 Chestnut Street Suite 102 Wilmington, North Carolina 28401 Telephone 910-798-4530 • Fax 910-798-7751 /t} N TY G ; n 0 F -� IMP"'ki rq �gBLISHED I do hereby certify this to be a true and accurate copy of the document filed and recorded in New Hanover County Register of Deeds Office as evidence it Book No 5836 at Page No 1392. Morghan Getty Collins , Register of Deeds 5/20/2024 l' uty-ster 6f beeas Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 154 IBM 2014023177 FOR REGISTRATION REGISTER OF DEEDS TAP"y TMEusCH BERSLEY 2014HSEP 02 03 44Y11 PK BK M pG 1392-1390 FEE $26 00 NC REV STRAP $2,5K 00 IN RIENT # MET SPECIAL WARRANTY DEED Prepared by: MURCHISON, TAYLOR, & GIBSON, PLLC 16 North Fifth Avenue, Wilmington, NC 28401 WE PREPARED THE DEED IN THIS TRANSACTION BUT WE MADE NO EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO THE PROPERTY NORTH CAROLINA PARCEL: See Exhibit B attached NEW HANOVER COUNTY REVENUE STAMPS: $2,500.00 THIS SPECIAL WARRANTY DEED, made this Rfday of _, 2014, by and between CBR, LLC, a North Carolina limited liability company with a marling address of P O Box 4127, Wilmington, NC 28406 (herein called "Grantor"), and Hoosier Daddy, LLC, a South Carolina Invited liability company with a mailing address of 6025 Tarm Road, Wilmington, NC 28409 (herein called "Grantee") WITNESSETH: NOW THEREFORE, the Grantor, for and in consideration of the sum of Ten Dollars ($10 00) and other valuable considerations to it in hared paid by the Grantee, the receipt whereof is hereby acknowledged, has bargained and sold, and by these presents does hereby bargain, sell and convey unto Grantee, its successors and assigns forever, in fee simple, all of that certain real property located in New Hanover County, North Carolina, and being more particularly described in Exhibit A attached hereto and incorporated herein by reference SUBJECT TO (i) all easements, rights of way, agreements, restrictions and other matters of record, if any, (it) ad valorem taxes for current and subsequent years, (tit) any hens for municipal or county betterments or the like, and (iv) all governmental land use statutes, ordinances and regulations, including zoning, subdivision and building regulations 122679 1 Return to MTG This is a true and accurate MycF-i&ffi�gQfliQj%&#_Fh \g pr:Ag my Register of Deeds office. ITEM: 13- 11 - 155 TO HAVE AND TO HOLD the above granted and described property, together with all and singular, the rights, privileges, easements, tenements and appurtenances thereunto belonging, or in anywise appertaining unto the said Grantee, its successors and assigns, m fee simple, forever And the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, subject to those matters otherwise described herein Pursuant to N.C.G.S. §105-317.2, none of the property herein described includes the primary residence of the Grantor. IN TESTIMONY WHEREOF, the said Grantor has caused this instrument to be executed the day and year first above written CBR, LLC a North in i t Company BY NAME- W Chn her S hens ITS Mgp er STATE OF NORTH CAROLINA COUNTY OF NEh)1-hAn1DW.., (County where acknowledgment taken) I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purposes stated therein and in the capacity(ies) indicated above W. CHRISTOPHER STEPHENS [NOTE Insert the name of the party executing document, not their title] Date AuAs 'M_U1,A Official Signature of Notary [As name appe on seat] Printed Name of Notary DeJo [As name appears on Teal j ti My commission expires P-tXegma6e / $ 2,Qi !� [OFFICI SO AgY 1226791 This is a true and accurate r��}�eiIt�rN, vrnty Register of Deeds office. ITEM: 13- 11 - 156 EXHIBIT A Tract 1: Beginning at an iron pipe in the eastern right of way line of U S. Highway No 421-- Carolina Beach Road (160' right of way), said iron pipe having North Carolina Grid Coordinates of North = 139.524.705 and East = 2,333,554 871, and being located South 27 degrees 53 minutes 32 seconds West — 2024.99 feet from N. C Grid Monument "Bryan", monument "Bryan" having N C. Grid Coordinates of North = 141,369.245 and East = 2,334,390.814, said monument "Bryan" being located North 17 degrees 11 minutes 58 seconds East - 5345 92' from N. C. Grid Monument "Ennis", monument "Ennis" having N. C. Grid Coordinates of North = 136,262 3882 and East = 2,332,810 036, said beginning iron pipe bung the southwest comer of the Jodie Mills property, and runs thence with the Jodie Mills lme, South 65 degrees 59 minutes 14 seconds East -702.67" to an iron stake, thence continued with the Jodie Mills line, North 31 degrees 08 minutes 21 seconds East - 386.19 feet to an iron rod in the line of the Autumn Corporation property; thence with the Autumn Corporation line, South 82 degrees 24 minutes 17 seconds East — 941.43' to an iron pipe, thence continued with the Autumn Corporation Line, North 12 degrees 17 minutes 12 seconds West — 163.82' to an iron pipe, the southeast corner of Allen L. Masterson property, thence with the Masterson Iine and also the lines of Louis Hassell, Randolph Ross and Katie C. Nixon, North 17 degrees 32 minutes 58 seconds East- 1074.94' to an iron rod; thence with the line of Katie C Nixon, George R. James, Joe Bryant Heirs, Dorothy Kilpatrick, Mildred M Williams and Downtown Two, LLC, North 09 degrees 47 minutes 30 seconds East — 522 79' to an iron pipe, thence with the line of Downtown Two, LLC, South 74 degrees 57 minutes 11 seconds East — 138.82' to an iron pipe, the southwest corner of the Myrtle Grove Presbyterian Church property, thence with the line of the Myrtle Grove Presbyterian Church, South 74 degrees 17 minutes 49 seconds East-682.29' to an iron pipe, the northwest comer of Sentry Oaks Subdivision, thence with the line of the sections of Sentry Oaks Subdivision, South 09 degrees 58 minutes 34 seconds West — 3684 17' to an iron pipe, a corner of the Marvin H Congleton and Thomas R. Congleton property; thence with the Congleton line, South 76 degrees 51 minutes 23 seconds West 1399.91' to an old stone in the line of Battle Park Subdivision, Section 2, thence with the line of Battle Park and also LJM Properties, LLC, North 20 degrees 21 minutes 27 seconds East -1873 96' to an iron rod, thence continued with the line of LJM Properties, South 75 degrees 12 minutes, 18 seconds West- 1125.72' to an iron pipe; thence North 44 degrees 48 minutes 01 seconds West — 394 66' to an iron pipe, thence North 86 degrees 27 minutes 03 seconds West — 199.54' to an iron pipe, the northern most comer of the HTM Properties tract, thence with the HTM Properties line, North 83 degrees 14 minutes 44 seconds West — 383 70' to an iron pipe in the eastern right of way line of U.S. Highway 421, thence with the eastern right of way line of U.S Highway 421, North 25 degrees 28 minutes 31 seconds East — 309 79' to an iron rod, the southwest comer of the Tregembo property, thence with the Tregembo line, South 65 degrees 38 minutes 27 seconds East- 448.93' to an iron rod, thence continued with the Tregembo line, North 25 degrees 29 minutes 33 seconds East — 10.00' to an iron rod, thence continued with the Tregembo line, South 65 degrees 37 minutes 26 seconds East — 528 64' to an iron rod, the southeast corner of the Tregembo property, thence with the Tregembo line, North 25 degrees 34 minutes 42 seconds East — 450 10 feet to a point in a ditch, passing in line iron pipes at 100 02 feet and 446 78 feet, thence continued with the Tregembo 1227171 This is a true and accurate Ord%ft66Wh "@y+g HArwsr, §Wty Register of Deeds office. ITEM: 13- 11 - 157 line, North 65 degrees 37 minutes 58 seconds West - 331 62' to an iron pipe, thence continued with the Tregembo line, South 24 degrees 20 minutes 34 seconds West -9 75 feet to an iron pipe; thence continued with the Tregembo line, North 65 degrees 38 minutes 42 seconds West 646 63' to an iron pipe in the eastern right of way line of U S Highway 421; thence with the eastern right of way line of U.S Hwy 421, North 24 degrees 58 minutes 22 seconds East — 59 88' to the point of beginning, containing 113.976 Acres, more or less and being a portion of the property described in deeds found in Deed Book 726, Page 522 and Deed Book 1141, Page 748 of the New Hanover County Registry Tract 2 Beginning at an iron pipe, the northernmost corner of the HTM Properties, Inc. as shown on a map recorded in Map Book 44,- Page 323 of the New Hanover County Registry, said iron pipe having N C Grid Coordinates of North = 138,739 291 and East = 2,333,583 444, said iron pipe being located the following bearings and distances from N. C Grid Monument "Bryan": South 27 degrees 53 minutes 32 seconds West- 2024 99% thence South 24 degrees 58 minutes 22 seconds West - 59 88', thence South 25 degrees 35 minutes 36 seconds West 339.50', thence South 25 degrees 17 minutes, 16 seconds West — 110 68', thence South 25 degrees 28 minutes 31 seconds West — 309.79' and South 83 degrees 14 minutes 444 seconds East - 383.70', said N C. Grid Monument "Bryan" having N. C. Grid Coordinates of North = 141,369.245 and East = 2,334,390 814 and being located North 17 degrees I 1 minutes 58 seconds East — 5345 92' from N. C. Grid Monument "Ennis", said monument "Ennis" having N C Grid Coordinates of North 136,262 3882 and North = 2,332,810 036. and runs thence from said beginning iron pipe, South 86 degrees 27 minutes 03 seconds East — 199 54' to an iron pipe, thence South 44 degrees 48 minutes 01 seconds East-394.66' to an iron pipe; thence South 75 degrees 12 minutes 18 seconds West 199 80' to an iron rod, the southeast corner of the HTM Properties, Inc tract; thence with the HTM Properties line, North 39 degrees 36 minutes 24 seconds West — 445.54' to the point of beginning, containing 1.528 acres, more or less, and being that land described in a deed to Jay Will Heglar and wife, Hazel G. Heglar, and Joseph Walter Winner, Jr and wife, Wanda G Winner as recorded in Deed Book 880, Page 613 of the New Hanover County Registry Tract 3 Being all of Lots 1, 2, 3, 4, 5, 6, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, and 23 of Section 6, Battle Park Subdivision, as shown on a map recorded in Map Book 9, at Page 45 of the New Hanover County Registry, reference to which map is hereby made for a more complete description. Tract 4 Beginning at a point, the northeastern conger of Lot 12 of Section 6, Battle Park Subdivision, as the same appears on a plat thereof recorded in Map Book 9, at Page 45 of the New Hanover County Registry, thence North 08 degrees 32 minutes East 62.72 feet to a point, thence South 81 degrees 29 minutes West 455 26 feet to a point, thence South 08 degrees 32 minutes West 62 72 1227171 This is a true and accurate ggRYr8!br1anti &ft LigoweJgmty Register of Deeds office. ITEM: 13- 11 - 158 feet to a point; the Northwestern corner of Lot 11 of Section 6, Battle Park Subdivision, thence North 81 degrees 29 minutes East along the Northern line of said Lots 11 and 12 455 26 feet to the point of Beginning, containing 0 63 acres, more or less Tract 5 Beginning at a point in the Western right of way line of Appomattox Drive (60.00 foot right of way) said point being the Northeasternmost corner of Lot 28 Revision of Section 2 Battle Park as recorded in Map Book 7, Page 99 of the New Hanover County Registry Running thence from said Beginning point 1) North 81 degrees 25 minutes 00 seconds West 137.9 feet to a point in the dividing line between Lots 28 and 29 of said Section 2, thence 2) with the Eastern line of said Lot 29 North 8 degrees 35 mmutes 00 seconds East 75 0 feet to a point being the Northeastern corner Lot 29 said Section 2, thence 3) South 81 degrees 25 minutes 00 seconds East 20.8 feet to a point, thence 4) North 8 degrees 32 minutes 00 seconds East 1072.12 feet to a point, thence 5) South 81 degrees 29 minutes 00 seconds West 455 26 feet to a point in the Eastern line of a tract of land conveyed to Rupert and Nancy T Strickland as recorded in Deed Book 1132, Page 1498 of the New Hanover County Registry, thence 6) with the Eastern line of said tract North 8 degrees 32 minutes 00 seconds East 156 9 feet to a point in the Southern line of a tract of land conveyed to ABA Mini Storage, Inc. as recorded in Deed Book 2286, Page 814 of the New Hanover County Registry, thence 7) with the Southern line of lands conveyed to said ABA Mini Storage, Inc, and J W Heglar et al as recorded in Deed Book 880, Page 613 of the New Hanover County Registry North 81 degrees 29 minutes 00 seconds East 1309.72 feet to a point in a large bay, thence 8) South 24 degrees 20 minutes 00 seconds West 1686 49 feet to a point which marks the Northeast corner of Lot 27 as shown on aforementioned Revision of Section 2 Battle Park; thence 9) with the Northern line of said Lot 27 North 65 degrees 40 minutes 00 seconds West 187.5 feet to a point in the Eastern right of way of Appomattox Drive; thence 10) North 59 degrees 57 minutes 35 seconds West 60 24 feet across the right of way of Appomattox Drive to the point of Beginning said parcel containing 20 76 acres. 122717.1 This is a true and accurate 1iAjff8r fWty Register of Deeds office. ITEM: 13- 11 - 159 EM rT B PARCEL ID WS R07600.004-052-000 (DB 5606, PG 943) R07600-004-056-ON R07600404-067-000 R07600.004-061-000 R07600-004-061-000 R07906-001-013-000 R07906.001-014-000 R07906-001-015-000 R07906MI -016-M R07906.001-017-000 R07906.001-018-000 R07618.002-001-000 R07618.002-002-000 R07906-002-001-000 R07906.002-002-000 R07906.002-003-000 R07906.002-004-M R07906-002-005-000 R07906.002-006-M R07906.002-007-000 R07906-002-008-000 R07906-002-009-000 R07906-002-010-000 (DB 5606, PG 951) ADDRESS/DESCRIPTION 5819 Carolina Beach Road (10 103 +/_ Acres) 5841 Carolina Beach Road (1 72 +/_ Acres) 5917 Carolina Beach Road (20 +/_ Acres) Carolina Beach Road ( 63 +/_ Acres) 5923 Carolina Beach Road 5944 Shiloh Dnve Lot 1 5940 Shiloh Dnve Lot 2 5936 Shiloh Drive Lot 3 5930 Shiloh Drive Lot 4 5926 Shiloh Dnve Lot 5 5922 Shiloh Dnve Lot 6 5901 Shiloh Drive Lot 12 5905 Shiloh Drive Lot 13 5909 Shiloh Drive Lot 14 5913 Shiloh Drive Lot 15 5917 Shiloh Drive Lot 16 5921 Shiloh Dnve Lot 17 5925 Shiloh Drive Lot 18 5929 Shiloh Drive Lot 19 5933 Shiloh Dnve Lot 20 5937 Shiloh Drive Lot 21 5941 Shiloh Dnve Lot 22 5945 Shiloh Drive Lot 23 This is a true and accurate c&8a`rg$fQgWpnftc SA Hjr ey%r SMty Register of Deeds office. ITEM: 13- 11 - 160 a�3NTY. 0 z n 4 p 0 TAMMY THEUSCH BEASLEY REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 iffMMiff ifiiffff�lf fRR*i�Y11fR�FlntR4#RNf1FiRifkfMlffMMfiii#+R1tItRfMffi�RffRlfi►ifMififffffifPf INR4f4tififffYii4Nf+M+Rfi4iMYi+M4 Filed For Registration: 0910=014 03:44:11 PM Book: RE 5836 Page: 1392-1398 Document No.: 2014023177 7 PGS $26.00 NC REAL ESTATE EXCISE TAX: $2,600.00 Recorder: CRESWELL, ANDREA State of North Carolina, County of New Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. *2014023177* 2014023177 Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 161 9 cko" --> c--�) -� � Board ofCommissioners ' June 3.2O24 E NEW HANOVER CO. NORTH CAROLINA 1 , C. W. SLOMME JR., CERTIFY THAT THIS MAP WAS DRAWN FROM FIELD NOTES OF AN ACTUAL SURVEY MADE BY ME THAT THE ERROR OF i CLOSURE AS CALCULATED BY LATITUDES a DEPARTURES IS 1: Scoo 1 ; a THAT ALL BOUNDARIES WERE SURVEYED BY ME ; THAT THIS MAP WAS PREPARED IN ACCORDANCE WITH G. S. 47-30 AS AMENDED. ITN1lr ESS MY HAND a SEAL THIS 8--J DAY OF +•KHoe" .1962. C. W. —.OMME JR.`-- yREGISTERED LAND SURVEYOR SWORN TO a SUBSCRIBED BEFORE ME THIS S 610 21V E DAY OF 1— 1962" LET THIS INSTRUMENT a CERTIFICATEE- BE F RECORDED. M76075.16eyy. �1. CLERK OF SUPERI&R COURT FILED FOR REGISTRATION ON at DAY 1962; AT a'.Lod/1AND DULY RECORDED IN MAP BOOK 1_ PAGE 71 H.L. BLACK REGISTER OF DEEDS OLD IRON PIPE BUSINESS' PROPERTIES INC. (SOOT 500 PAGE 201) m I THIS PORT IS T. 279�5f.71 AS BHOMN ON A SET OF PLANS EY THE N.C. STATE MOIL S 6IO2S' E CONC. MOR A g N HWY. OEPT. OF PROJEDT 113071 ON SHEET as. 214 0 130'n 12 r 11 13 10 12 9 its MANASSAS DRIVE 73q 176.7 dz 1 0 p P.Gf 1 � { E CURVE DATA PROPOSED EAST LANE 250 CM.S O{�17'RS SO. = T : G s g_ ! IS 3• oa' SD' S81021 N I D I.00 T lax*' 0 3 O CKS07�E3'M, NDOd I I I R DT29.50' 7S.d 1791 i MANASSAS DRIVE 1° ' • 75.Otlb I82.5' d CH 803�441t 5T.2' ` 1! ty Q 2 P.T. T �) g i 0.18 17 : 18 2 19 = 20 : 21 K 22 : 23 -24 SSIO25'E !I :! I mO M 0 p I om NiEO' _ � _ I{ o ?ILIW 1{9 J,1 I OLD IRON PIPE COIC, MOIL S 810 25' E CONC YON. I REPLACED BY ASS , j COIL MOIL i i 50' .LHLHORRS ERNEST E. LANBSTROM (BOOK 562 PAGE 3T3) J i 0 r x i J_ F SECTION NO I AW.r AW; r� A sue' AM 1W .;. 0% .WA A r'/° �t +1jj,�A t% � FEDERAL POINT TOWNSHIP SCALE I = 100, i3!....I... yl I 51 I OI 0 12 11 10 9 6 T 6 1 F DEVELOPED BY J . H. HOBBS NORTH CAROLINA O' 'CO, SCALE 2OD' m. 400' SURVEYED 6 MAPP D BY C. W REGISTERED BLONIME JR. LAND SURVEYOR F; � ?�,^,' e�• - WILMINGTON , N.C. °'Sf AYia'�.� LOCATI SCALE O 1 NEW H A N OV E R COUNTY. State of North Carolina COUrdy of Now H I do hereby cerwy this to be a Ow OM of the J U L Y 19, 1962 tiled and recorded in New Hanover Cou* as in gook No. at Pays No. Morghan Getty Collins, Register of Deeds W ess my and and anal °f - . . ow Reas of Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 163 "R "NOVER CO MOM CAROLWA 1. b R f1 LDME A, CFJI?wT THAT Two MAP Ims Ophs" FR011 Tiff ROTES OF AV ACTUAL Si1RLi► MADE ST at THAT THE a&"* OF CLfISf M " f.ALCULATf� SII LAT1Tr10ES a p11:AtRTURES E I 84Qg- : a T#ftT ALL *"NDSXM WERE SURVETEO RT IM i THAT THIS MAi SO sftftftO IR ACOORUNCE WITN S. S. *I-" AS 4f)MNa. WITNESS AW NANO •SEAL TINS _j2.!_4 DAY OF C R. SLOMME JIt RMSTERED LARD SURVEYOR Stan TO i SEFORQ ME THr5 A+'-' ORT QF LET THIS IRSTIR MCNT a IXRi'IFI�GE RN0000E9 CLE M OF SLVIaN R COORT " /ftl U FOR ag"MATOW on t9CAT all. at AND OULV RE'14COS'OEO in MAP SSS1R , j,� ll4i[ � R L *LAC* REGISTER OF DEEDS 1TE: THO OtWOM INAS MADE FOR IM PUMMSE OF CDRRECTIMS AM ERROR A TiE O X*SMF OF i 2! S 30 OF THI`_° Fa FUTUKE DEVELOFYENT 1 'dip, I I � I I LOT EKrElT E LAIgRd OTI MwI OOORM, PAU EPA 1 KCTIOr I I OATTLE FAKK f RECORDED III L — rA� OOa1 IwrK I J. K NON! Pal Fur= /EYEIO►rENT — Sol Sao •' " " » » So.O' °ml 1-"2 :3 4 u 5 u 6 11 7= » 8 =9 =10 11 Mn rf I DOrc. nor. --� Soso o6''w _.,.......,.. - L-- - — — nb' war, wIOFERrIn IMG Rnomo IN NNjs!. REVISION OF SFt'j"TION NO. 2 DEVELOPED BY FEDERAL POINT TOWNSHIP NEW HANOVFF�-C`OLIN rY 11 I NORTH CAROLINA SCALE I = 100 JANUARY 8, 1865 SCALE o' IOp !ri no sw sirRveTEt) I� +Naf>PE D C. 1S DLOMM.E JR, ES*STEREO LA40 SURVEYOR WILMINGTON , N.C. LOCATI, lGLE O � 7�r Stela of North Carolina County of New I% I do hereby oertify this to be a true Copp Of filed and recorded in New Hanover In Book NO.L� at Page No-�M� _Morghan Getty Coffins. Register of D9edS� Y_ I Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 164 NEW HANOVER CO. NORTH CAROLINA 1 , C. W. DLOMME JR., CERTIFY THAT T:' S M,_S WAS DRAWN FROM FIELD NOTES OF AN ACTUAL SURVEY mADE BY ME TnAT THE ERROR OF CLOSURE AS CALCULAT6 S4 LATITUDES B DEPARTUIES IS 1. ooc+ ; ® THAT ALL BOUNDARIES WERE SURVEYED BY ME ; THAT THIS MAR WAS PREFARED IN ACCORDANCE MNTH & S. 47.3' AS AMENDED. WITP:ESS MY HAND a SEAL TN°S Z4It. DAY •fF �r �_ • Isa� C. W. l:CFMME rR.(" REGISTERED LAND 6 n'VEYOR L'1T4 SWORN SUBS 8ED EEFORE ME THIS � "i OF 11 LET TFAB IN;TRUMENT • CERTIFICATE BE RECORDED. CLERIF OF SUPERIOR COLPT FILM OCR REGISTRATION ON L-L DAY 186 AT B.ZoTn AND DULY RECORDED INE�P 80 .2— PAGE 4!r , AL. STER OF DE aft NOWS FC! FUTURE CEYELO-DENT *00" FOR FVTORE KVELO►NENT N06°:2 c IY80' sD c - , -- I I -; -Tr eao� eo.d - - - rf� � �� OF sT 2e i _ O BATTLE NYtlt , I RECORDED IN W I I pool a, 2' a MAP x JE 9 AT .,aE99 _ e°Ra u°u _ 5f ilL3H DRIVE R i 08° 32' E pl �coN: r. _ 133C1` BOA` LO( 15 _. i EI ' h 9.___-__ N BECT.'OMS47 TILE _LOT iO 9 sI O i tI `'��V '� IC N qy° at E A CC' CN- ERME.: INt:F r RECARDE c ". 5AE A('Y. lE S'S r rEDE R4 i POINT a OWNS!lbr SCAL :F I° = 1001 cf 7V EON 01 T'H �. L I N A C- W. BLOMME JR. REGISTERED LAND SURVEYOR WILMINGTON., N.C. N t` LOCATII SCALE O at," at Nwth Carolina Cw* of "aW do here" Of aaNN "a to b4anover county f W010 filed and raoorddif pone m 130aof � ColMs. R.Wy 3 °E Dee" 11216 F of 20 M%An malls mall nd [-- _ 1 of Deeds Ce°°!,'plw.inE .°d zw.tru rwmm�m,cn Ink N.4=_:._; daa wqw 1° do I li.11% a u :a I.- ...�..C*W �Y.. a»dn c ui;fta °o. .sot c aa"u I, .um .eae w,u 6.wr'n . a[ . id ft.— . 0!Wty BIS V End Z-J e cm .Rladva in.o -e Iz Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 165 i NEW HANOVER CO. NORTH CAROLINA {, C.W. BLOMME JR., CERTIFY THAT THIS MAP At 1' WAS DRAWN FROM FIELD MTES OF AN ACTUAL SURVEY MADE BY ME ; THAT THE ERROR OF CLOSURE AS CALCULATED BY LATITUDES 8 DEPARTURES IS I: 0,oeo L a THAT ALL BOUNDAPIES WERE SURVEYED BY ME ; THAT THIS MAP WAS PREPARED IN ACCORDANCE WITH G. S. 47-30 AS AMENDED. WITNESS MY HAND a SEAL THIS 9Z DAY OF n ks.'� C. W. BLOMME JR. REGISTERED LAND SURVgXA0R SWORN 8 SUBSCRIBED @EFORE 1dE THIS DAY OF - 11964. LET THIS INSTRUMENT 8 CERTIFICATE BE RECORDED. �'9 CLERK OFf SUPEI OR7 COURT FILED FOR REGISTRATION ON " &' DAY '—b- ' 1964, AT Z'I'T AND DULY RECORDED IN MAP BOOK _ S PAGE -4-1 . IM GUE'T-C Nc� reg4 WAITED DEVELOMENr CO. �, FUTURE DEVELOPMENT SW REGISTER OF DEEDS { ym21 20 19 18 17 16 o0C I 1 m - y 1 O. S 0$° Oinw, reap' SHILOH DRIVE 'R S 80 06 CONC. MON. ILOT 14 IL,DTJ3 $DA)' " " $D.O' 126. ACTION •J CONC I TTLE IPIIRK _ RECORDED I IN MAP BOOK B. IPAGE 21tin � O 0 1 2 3 4 5 6 ( 1 I I 1 1 SOA' $0.0' 734 LroxG MDa I 1 S OB°06'W. . _ Fli'le: �JwE11R�:72R5! "!� FEDERAL POINT TOWNSHIP °SCALE ITI = tO'r 13 UNITED DEVELOPMENT OO- fbR FUTURE DEVELOPMENT 12 14 f ' 11 A 11M ° m O /� +� H 10 15 03.3, 9 W ° 40N. 4f Cf 8 O h O vo S23o4AW^� e� . N 7 155.T' S 0$°06'w. le RESERVE SECTION • , �9WAW V DEVELOPED BY UNITED .i.DEVELOPMENT CO. NORTH CAROLINA BAR SCALE 0 100� 9w 300 4D0 WKj 1` w _n SURVEYED a MAPPED B,Y C. W @07MME JR. . „ a EGISTERED LWO SURVEYOR WUSNGTON, N.C. NEW HANOVER COUNTY N LOCATI( SCALE D I State cif Nod'► Carolina GOV* of New l do hereby Ow* this to be awe COP m New Hanover Co filed andin Page N°•'W n Book 0, Coftsfts. Register of De yy�ess my. tend and this ' U of 202' Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 166 NEW HANOVER CO. NORTH CARBLHMA I. C. W. l4OMME JR., OERTIFY THAT THIS MAP WAS DRAWN FROM FIELD NOTES OF AN ACTUAL SURVEY MADE BY ME• THAT THE ERROR OF CLOSURE AS CALCULAT�0 BY LATITUDES A DEPARTURES IS 11 4 ; B THAT ALL BOUNDARIES WEN£ SVR-V YEO BY M'E ; THAT THIS MAP WAS P$FPAR.E,I3 FH ACGCROAN.CE WITH G. S. 47-30 AS AMENDED. TNESS MY 0 & SEAL THIS 6 DAY OF [ 4. C..W. BLOMME JR. �I A•EGIftERED LAND SURVEYOR SWORN TC H SUBSCRIBED BEFORE ME THIS . -P' DAY OF D1964. LET THIS INSTRUMENT 9 CERTIFItATE BERECORDED. Z CLERI OF SUPERIOR COURT FILED FOR REGISTRATION ON 4 DAY , 1964; AT �J AND DULY RECORDS IN MAP BOOK 17 PAGE --57 . REOVAER OF DEIVA ➢o n I v=rLOENT OO. PY DEVEuwwpn 80A n 60.0 Ems _ " I wr lb ! %9EGS.LOr p v Ln 3 130.. ! n 27 25 25 24 coW28 ---^- LOT << !I ` C / ( LOT 11 //Q � IJ - ILOT12 ILOS�EI iLOT20 �I fEMON b SS�E66TT1ION4 ILOT v) ILOT 15 ILOT 17 LOT 15 f----------- I I I 11 LOr t5 1 I BATTLEi PAAb 1 1 1 I I f g I 1 1 I CONC. lICIL SHILOH DRIVE CONC.MOtI. r SECTfON NO.5 DEVELOPED BY UNITED DEVELOPMENT CO. FEDERAL POl`N i Tvy-y"NSHIP NEW HANOVER COUNTY NORTH CAROLINA SCALE I'J - too, SCALE JUNE 1 , 1964 v too' zoo' soo' 40e SURVEYED JR MAPPED'BY «s. C W B�,.OMME JR. s�r� tiESfiS7EtfED LAND SIlRVEYOf?-i�TL;'hr'•+`=��% f,�l WILfAMST'ON., N.Cf ..c5•' 2 a:; r* LOCATI( O SCALE 0j1wrw Sa1� of Nt oatay tj*to bs °ws CooV I'm ww 11 o Of Board of Commissioners - June 3, 2024 ITEM: 13- 11 - 167 Case #S24-01 Special Use Permit Request: Additional Dwelling Allowance Applicant: Samuel Potter, Equitas Law Partners, LLP Property Owner: Hoosier Daddy, LLC Robert Farrell Development Review Supervisor AERIAL �` i� :�_ . a --, k ------------------ ro 91-4 c I � M 524-01 � NEW HANOVER COUNTY I the model of good governance NHCgovxom M • I['-kMh�!R r Site Access �N r Off' pf C C� ' z�+ C� v _- - __j — -- 0 _ ❑ d f¢ _ 0 . CHRISTA DR z 0� _ aj - U z _ -- - I �GrG[ GUNA. rU7 f[--Jj j[-ff � 51JV - MANASSAS DR QG U G Primary Access: Q' 01-1 Manassas Drive New Hano Court on_ ;aers � o ?- off, canopy Way a_Dr Zoning Christ Ou -- ,; � Q_ n � � � - 4 _ rLL-1 JT- ' Manassas -Dr_ T_o p legion-,d 0&1 r--- �o R-15 CZ D S24-01 Additional Dwelling Allowance • Additional Dwelling Allowances are permitted in the R-15 district with the additional steps of a Special Use Permit. • Additional Dwelling Allowance are subject to supplemental standards of the UDO regarding density, open space, utility and stormwater improvements, proximity to higher density place types, access, and impervious surface limitations. • • • Additional Dwelling Allowance Open Space: Impervious Surface limit: Minimum setback: Minimum 35% 40% 25 feet • Height Restriction adjacent to single family residential: The setback for structures over 25 feet tall shall equal the height of the building. 25 FT PE K Multi -Family Road Stub / AREA 32,065 VIOUS MATERIAL ,- � � h � Black Ashe R eLD s un Amenity os 6 BLD 15: Center \ ( \ BLD 5 ..::• '•gOS 8 BLD 16 L ��:. • Proposed \ .�••••••. °•v ew.wmcmncrs .ti ` ' PHASE 5 SW POND p US MATERIAL �eranxwc rMzs:: BLD 17 Storm Water •::::.: • T OS 7 '::: '' . '. TART ® ADDI BLD 4.:<: AREA FOR PHASE 3C DENSITY DING SETBACK 5;;;;� OS 4 TARIN WOO H BLD 7 Multi -Family I BLD 8 Attached Row -11:I I BLD e i:: Single Family 61 ' ING K BLD 10 I� US MA ::°':,. I' ~ BUI LDING ILDING SETBACK 11 I / Existing BLD BLD 3 •;e i I PHASE 3 SW POND Stormwater ® BLD 12: 87PA' I �: Ill'1 Proposed BLD 13 ..1. TARIN WOODS 11 PHASE 3 ---- t 7 Stormwater BLD 2 BLD 14 OS 1 ee os 31 �4 � BLD 1 F>: Q UM DRIV avwmcTAM w i SVJ1EtG` nas s Drive ' _ s - Manassas Drive 83 Estimated Trip Generation Existing Zoning Proposed Development: 42 Single Family Dwellings 171 Dwelling Units 29AM/ 39 PM 76AM/94 PM Potential Net Change - +47 AM / +55 PM Proposed Conditions 1. Attached residential dwellings on the east side of Shiloh Drive shall be sited perpendicular to neighboring single-family residential lots. 2. Any portion of the proposed development that utilizes any portion of the existing stormwater management system for Tarin Woods that is not accepted into the Tarin Woods property owners association must enter into a stormwater maintenance agreement with the Tarin Woods property owners association. 3. The northern terminus of the Shiloh Drive extension shall be paved to the property line of the adjacent commercially zoned property as shown on the concept plan. A public access easement shall be provided at the property line to allow interconnectivity between the parcels. New Hanover County Future Land Use Map ■ 1-1- RN - LM L EN a L URBAN xlaenase 4 L nursnu It smervnA � E L eerveE�A, ery The Future Lantl Use Map Is no[ legally ti nd ng like the New Hanover County ton ng Map. M, mended to be a general reP—Untalon o the 25 yea for New Henwar County_ .meted by the ot'zana wh. were nwlaed with Plan NHC a ny yell be used to gyde fyty je j.pinerft de i-ne 2016 Comprehensive Plan Place Type: General Residential and Urban Mixed Use LAND USE PIP}�pJ� �� {q{ 9- B Future Land Use GENERAL RESIDENTIAL URBAN MIXED USE S24-01 Findings of Fact The Board must find that: 1. The use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. 2. The use meets all required conditions and specifications of the Unified Development Ordinance. 3. The use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. 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 Comprehensive Land Use Plan for New Hanover County. 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. CFPUA water and sewer are available through mainline extensions. Project proposes to connect to public water and sewer. B. The subject property is located in the New Hanover County Northern Fire Service District. C. Access to the site will be provided by one full access driveway and a second right -in / right -out driveway on Manassas Drive with additional interconnectivity to the private roads Sweetgum Drive, Sand Ridge Drive, and Black Ashe Run. D. The proposed use will generate an estimated 76 AM and 94 PM peak hour trips. The proposed project was included in a Traffic Impact Analysis (TIA) completed in 2018 for the overall Tarin Woods Subdivision development. NCDOT has confirmed all required improvements of the TIA have been installed. 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. E. The AADT Planning Capacity for Carolina Beach Road is 41,370 trips and the AADT Latest Traffic Volume is 48,000 trips indicating the highway is currently above capacity. F. The new county park Hanover Pines is immediately south of the proposed project. G. The conservation resource map indicates pocosin wetlands on the property; however, they are not underlaid with Class IV soils, which triggers additional development standards. Conclusion 2: The Board must find that the use meets all required conditions and specifications of the Unified Development Ordinance. A. An additional dwelling allowance is allowed by Special Use Permit in the R-15, Residential zoning district. B. Section 3.1.3.E.1.b states the base site acreage shall be determined by subtracting the acreage of water bodies and other areas below the mean high-water line, if tidally influenced, or below mean water line, if non -tidally influenced, land used as open space in prior residential development, and land used for commercial, office and institutional, and light industrial purposes in a PD district. The site does not contain water bodies, open space from prior residential development, and is not in a PD district. C. Section 3.1.3.E.1.c states the maximum number of dwelling units that may be built shall be determined by multiplying the base site area by the appropriate density factor of 10.2 dwelling units per acre as provided in Table 3.1.3.E.1.c. The base site acreage is 16.78. The maximum number of dwelling units allowed is 171. The applicant is requesting 171 dwelling units. Conclusion 2: The Board must find that the use meets all required conditions and specifications of the Unified Development Ordinance. D. Section 3.1.3.E.1.d states residential units shall not be clustered at a density greater than 2.5 units per base acre in the AE or VE special flood hazard areas or CAMA Estuarine Areas of Environmental Concern. The subject site is not located in the AE or VE special flood hazard areas or CAMA Estuarine Areas of Environmental Concern. E. Section 3.1.3.E.2.a states developments allowed an additional dwelling allowance shall be located on a parcel of land that is either totally or primarily in, contiguous to, or within 250 feet of, the boundary of areas classified as Employment Center, Urban Mixed Use, or Community Mixed Use place types in the Comprehensive Plan. Approximately 0.78 acres of the project area is within the Urban Mixed Use place type. All parcels in the project area are within 250 feet of the Urban Mixed Use place type. Conclusion 2: The Board must find that the use meets all required conditions and specifications of the Unified Development Ordinance. F. Section 3.1.3.E.2.b states the development shall have direct access to and from an existing major or minor arterial as indicated on the most recent officially adopted Wilmington MPO Functional Classification Map. This direct access requirement will be satisfied if one or more property boundary lines is contiguous with and utilizes access to and from an existing major or minor arterial, or the development accesses an existing major or minor arterial roadway by a NCDOT-maintained public street, or by a private street designed and constructed in accordance with the County's minimum standards for a collector road. The development accesses an existing major or minor arterial roadway by Manassas Drive, an NCDOT-maintained local road. G. Section 3.1.3.E.2.c states all interior drives shall be designed so as to provide adequate access for emergency service vehicles. Interior drives shall be reviewed and approved by New Hanover County Fire as part of the Technical Review Committee (TRQ review process. Conclusion 2: The Board must find that the use meets all required conditions and specifications of the Unified Development Ordinance. H. Table 3.1.3.E.3.a.1 requires a minimum of 35% open space for additional dwelling allowance developments in the R-15 district. 35% of 16.78 acres is 5.87 acres of required open space. The proposed development provides 5.92 acres (35.2%) of open space. I. Table 3.1.3.E.4 requires public or community sewer, public or community water, underground storm drainage, and a maximum impervious surface ratio for gross site area of .40. The maximum allowed impervious surface area for 16.78 acres is 292,374.7 square feet. The concept plan shows a maximum impervious surface of 292,374.7 square feet and an additional 70,206.3 square feet of pervious concrete. J. Section 3.1.3.E.5.a states the required minimum setback for developments with an additional dwelling allowance shall not be less than 25 feet. The concept plan shows a 25 foot -wide perimeter building setback around the proposed development. Conclusion 2: The Board must find that the use meets all required conditions and specifications of the Unified Development Ordinance. K. Section 3.1.3.E.5.b states when additional dwelling allowance developments are located and adjacent to any existing detached residential development (not including Mobile Home Parks, other developments with an Additional Dwelling Allowance or High -Density Development special use permit, or General Planned Development districts), structures over 25 feet in height shall be setback a distance equal to the height of the structure. L. Section 3.1.3.E.5.c states multi -family dwelling units shall be spaced a minimum of 20 feet from any part of another dwelling unit. All other dwelling units shall be spaced a minimum of 10 feet from each other. Multi family dwelling units are a minimum of 20 feet apart from another dwelling unit. Attached row houses are a minimum of 10 feet apart from other dwellings. M. Section 3.1.3.E.6.a states buffer strips shall be required in accordance with Section 5.4 Landscaping and Buffering. If approved, buffer landscaping shall be reviewed during TRC review. Conclusion 2: The Board must find that the use meets all required conditions and specifications of the Unified Development Ordinance. N. Section 3.1.3.E.6.b states parking shall be provided in accordance with Section 5.1 Parking and Loading. If approved, parking shall be reviewed as during TRC review. O. Section 3.1.3.E.6.c states signs shall be in accordance with Section 5.6 Signs. Signs shall be reviewed through the sign permitting and review process with the Planning & Land Use Department. P. Section 3.1.3.E.6.d states sewage disposal facilities shall be in accordance with the requirements for utility lines and facilities outlined in Section 4.3.3.1 Utilities. CFPUA shall review and permit the proposed sewer through the CFPUA permitting process. Conclusion 2: The Board must find that the use meets all required conditions and specifications of the Unified Development Ordinance. Q. Section 3.1.3.E.7.a states when a plat or map is to be recorded, the maps or plat shall contain a Certificate indicating the book and page number of the homeowners association covenants, conditions and restrictions. New restrictive covenants or updates to existing restrictive covenants shall be recorded with the Register of Deeds and a certificate shall be included on the plat prior to recordation. The restrictive covenants shall be reviewed and approved by the Planning & Land Use Department and Legal Department prior to recordation. R. Section 3.1.3.E.7.b states responsibilities for maintenance of private streets, open space, recreation facilities, and other common areas shall be specified. Responsibilities for maintenance of private streets, open space, recreation facilities and other common areas shall be included in the restrictive covenants. The restrictive covenants shall be reviewed and approved by the Planning & Land Use Department and Legal Department prior to recordation. Conclusion 2: The Board must find that the use meets all required conditions and specifications of the Unified Development Ordinance. S. Section 3.1.3.E.7.c states responsibilities for exterior maintenance of attached dwelling units shall be specified. The developer has the option of including responsibilities for exterior maintenance. No responsibilities are proposed. The restrictive covenants shall be reviewed and approved by the Planning & Land Use Department and Legal Department prior to recordation. T. Section 3.1.3.E.7.d states the homeowners association shall be authorized to rebuild damaged or destroyed portions of structures containing attached dwelling units when the individual owner fails to do so. The restrictive covenants shall be reviewed and approved by the Planning & Land Use Department and Legal Department prior to recordation. Conclusion 2: The Board must find that the use meets all required conditions and specifications of the Unified Development Ordinance. U. Section 3.1.3.E.8.a states when a development proposal is submitted for an additional dwelling allowance development it shall be reviewed in accordance with the same standards as established in the UDC) for subdivisions even if the project does not involve the subdivision of land. The Technical Review Committee (TRC) shall review such plans in addition to board approval of the special use permit. If approved, the project shall be reviewed by the TRC prior to the first Certificate of Occupancy for any structure associated with the project. V. Section 3.1.3.E.8.b states a site plan conforming to the requirements of Section 10.3.6 Site Plan shall be submitted and shall include the approximate delineation of Corps of Engineers Section 404 and Section 10 wetlands. No wetlands are designated on the proposed plan. Conclusion 2: The Board must find that the use meets all required conditions and specifications of the Unified Development Ordinance. W. Section 3.1.3.E.8.c states a drainage plan pursuant to Article 6 Subdivision Design and Improvements, and the County's Stormwater Management Ordinance shall be submitted. Existing and proposed stormwater management shall be reviewed by the New Hanover County Engineering Department. X. Section 3.1.3.E.8.d states revisions for development plans with an additional dwelling allowance shall be reviewed the same as an original submittal in accordance with the site plan requirements. Such revisions shall be limited to those areas still owned by the developer. Density calculations shall not include land areas already platted and / or sold. If approved, future revisions shall be reviewed by the Board of Commissioners through the Special Use Permit process. Conclusion 2: The Board must find that the use meets all required conditions and specifications of the Unified Development Ordinance. Y. Section 5.1.4.A.3 states the use of pervious or semi -pervious parking lot surfacing materials, including, but not limited to pervious asphalt and concrete, open joint pavers, and reinforced grass / grave/ shell grids may be approved for off-street parking and loading areas, provided such surfacing is subject to an on -going maintenance program (e.g., sweeping, annual vacuuming). Any pervious or semi -pervious surfacing used for aisles within or driveways to parking and loading areas shall be certified as capable of accommodating anticipated traffic loading stresses and maintenance impacts. The concept plan includes 70,194 square feet of pervious surface. Provisions for the on -going maintenance of the pervious surface shall be included in the restrictive covenants. The restrictive covenants shall be reviewed and approved by the Planning & Land Use Department and Legal Department prior to recordation. 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 proposed Additional Dwelling Allowance is on vacant property located between existing properties zoned and used for commercial purposes along Carolina Beach Road and the existing Tarin Woods Subdivision, a lower density single-family residential development. B. Land uses in the immediate vicinity of the subject site are single family residential, duplexes, and mixed commercial along Carolina Beach Road. C. The proposed Additional Dwelling Allowance provides interconnectivity between Shiloh Drive and the private roads Sweetgum Drive, Sand Ridge Avenue, and Black Ashe Run with an additional condition guaranteeing the potential for future interconnectivity to an adjoining commercially zoned parcel. D. No contradictory evidence has been submitted that this project will substantially injure the value of adjoining or abutting properties. Conclusion 4: The Board must find that the location and character developed according to the plan as submitted and approved will be area in which it is to be located and in general conformity with the Use Plan for New Hanover County. A. The subject site is currently undeveloped. B. No known cultural or archaeological resources are identified on site. of the use if in harmony with the Comprehensive Land C. The site is bounded by residentially zoned property to the north, south, and east. The site is bounded by a mix of commercially and residentially zoned property to the west. D. Land uses in the immediate vicinity of the subject site are residential. 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. E. The 2016 Comprehensive Plan classifies approximately 16 acres of the project area as General Residential, which encourages single family and duplex residential development at a maximum density of 8 dwelling units per acre. At 8 dwelling units per acre on a 16.78-acre project area, the Comprehensive Plan recommends a maximum of 134 dwelling units. The proposed request is for 171 dwelling units. 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. F. The 2016 Comprehensive Plan classifies approximately 0.78 acres of the project area as Urban Mixed Use which promotes multi -family and higher density single-family development to provide a range of housing types, opportunities, and choices. The Urban Mixed Use place type does not recommend a maximum density and identifies Monkey Junction as an appropriate area for higher density development. 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. G. Additional conditions have been proposed regarding the orientation of attached dwellings adjacent to single family homes, stormwater, and interconnectivity. AERIAL 41 CIO IIILL�rl�+ll !' Canppi wa_,y ley 0 r-- .'.' - --- --- I II Ql f _l�___1 ie r .p ----7 ❑ - l 1 O �1 L • T — OI Christa Dr 1-----a —1 1_s Swee 524-01 Manassas Dr NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 6/3/2024 Regular DEPARTMENT: Planning PRESENTER(S): Dylan McDonnell, Associate Planner- Long Range CONTACT(S): Dylan McDonnell; Rebekah Roth, Planning & Land Use Director SU BJ ECT: Public Hearing Comprehensive Plan Update - Request by New Hanover County Planning & Land Use to amend the New Hanover County Comprehensive Plan to incorporate revisions to bicycle and pedestrian infrastructure policies. BRIEF SUMMARY: As presented at the joint work session between the Board of Commissioners and the Planning Board in August 2023, planning staff has started an update of the County's Comprehensive Plan. While the full Comprehensive Plan is anticipated to be complete in late 2025, staff has fast -tracked three amendments that can be incorporated into the current Comprehensive Plan more quickly, including this Bicycle and Pedestrian Priorities Plan. The Bicycle and Pedestrian Priorities Plan is intended to articulate existing priority bicycle and pedestrian projects that have been identified and vetted over the past several years. They have been presented to the Board previously, but they are not currently included in any County -adopted plan. Articulating the desire for additional bicycle and pedestrian facilities is also important as potential funding opportunities are available through the Wilmington Urban Area Metropolitan Organization's (WMPO) Metropolitan Transportation Plan (MTP). The MTP allows projects to be eligible for state and federal funding sources. While staff anticipates additional bicycle and pedestrian projects and recommendations which will be identified in a full plan update to come later, adopting a priority plan now will better position New Hanover County to take advantage of potential funding opportunities. This amendment is also a place to include current Board of Commissioner direction to have applicants provide bicycle and pedestrian easements along Carolina Beach Road South, where a 10' (foot) wide multi -use path is desired. Including it in the Comprehensive Plan will make sure that this policy direction is clear for both applicants and the public and will allow bicycle and pedestrian easements to be considered during the development review process. The priorities plan will be an addition to the existing Comprehensive Plan as an appendix that will include a map, a list of the prioritized projects, and any other supplemental information. I n addition, Chapter 5, Building the Future, will be amended to include an addition to an implementation strategy and a guideline. The proposed amendment was considered by the Planning Board at the May 2, 2024 meeting. No one spoke in opposition to or in support of the amendment. The Planning Board voted 6-0 to recommend approval of the proposal to amend the New Hanover County Comprehensive Plan to include the Bicycle and Pedestrian Priorities Plan. STRATEGIC PLAN ALIGNMENT: • Workforce & Economic Development o A business -friendly environment that promotes growth, agility, and collaboration. ■ Plan for the long-term needs of businesses through timely, innovative programs and community partnerships. RECOMMENDED MOTION AND REQUESTED ACTIONS: Board of Commissioners - June 3, 2024 ITEM: 14 Staff recommends approval of the requested amendment and suggests the following motion: I move to RECOMMEND APPROVAL of the proposed amendment to the New Hanover County Comprehensive Plan to add the Bicycle and Pedestrian Priorities Plan that includes new strategies and guidelines found in Chapter 5 Building the Future. I find it to be CONSISTENT with the purpose and intent of the Comprehensive Plan because it broadens existing goals and guidelines promoting the desire to have more bicycle and pedestrian infrastructure in the county. I also find RECOMMENDING APPROVAL of the proposed amendment reasonable and in the public interest because it articulates identified priority bicycle and pedestrian projects, clarifies where bicycle and pedestrian infrastructure is desired during the development review process and formalizes policy direction to include bicycle and pedestrian easements along Carolina Beach Road with new development projects. Alternative Motion for Denial: I move to recommend [Approval / Denial] the proposed amendment to the New Hanover County Unified Development Ordinance. I find it to be [Consistent / Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons]. I also find [Approval / Denial] of the proposed amendment is reasonable and in the public interest because [insert reasons]. ATTACHMENTS: Bicycle and Pedestrian Priorities Plan BOC Script Bicycle and Pedestrian Priorities Plan BOC Staff Report Bicycle and Pedestrian Priorities Plan BOC Amendment Bicycle and Pedestrian Priorities Plan Public Comments Staff Presentation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approve proposed amendment. COMMISSIONERS' ACTIONS: Approved (5-0). Board of Commissioners - June 3, 2024 ITEM: 14 SCRIPT for Comprehensive Plan Update Bicycle and Pedestrian Plan Public Hearing Request by New Hanover County Planning & Land Use to amend the New Hanover County Comprehensive Plan to incorporate revisions to bicycle and pedestrian infrastructure policies. 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 an additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Supporter's Presentation (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. Staff's response to questions and concerns (up to 5 minutes) e. Opponent's rebuttal (up to 5 minutes) 3. Close the public hearing. 4. Board discussion 5. Vote on amendment. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why approval or denial of the text amendment request is reasonable and in the public interest. Example Motion for Approval: I move to RECOMMEND APPROVAL of the proposed amendment to the New Hanover County Comprehensive Plan to add the Bicycle and Pedestrian Priorities Plan that includes new strategies and guidelines found in Chapter 5 Building the Future. I find it to be CONSISTENT with the purpose and intent of the Comprehensive Plan because it broadens existing goals and guidelines promoting the desire to have more bicycle and pedestrian infrastructure in the county. I also find RECOMMENDING APPROVAL of the proposed amendment reasonable and in the public interest because it articulates identified priority bicycle and pedestrian projects, clarifies where bicycle and pedestrian infrastructure is desired during the development review process and formalizes policy direction to include bicycle and pedestrian easements along Carolina Beach Road with new development projects. Alternative Motion for Approval/Denial: I move to [Approve/Deny] the proposed amendment to the New Hanover County Unified Development Ordinance to provide for Supportive Housing Community standards. I find it to be [Con sistent/lncons istent] with the purposes and intent of the Comprehensive Plan because [insert reasons] I also find [Approval/Denial] of the proposed amendment is reasonable and in the public interest because [insert reasons] STAFF REPORT FOR BICYCLE AND PEDESTRIAN PRIORITIES PLAN APPLICATION SUMMARY Request: To amend the 2016 New Hanover County Comprehensive Plan (PlanNHC) to incorporate a Bicycle and Pedestrian Priorities Plan. Applicant: Subject Document: New Hanover County Comprehensive Plan (201 6) Purpose & Intent: Adopt a Bicycle and Pedestrian Priorities Plan by amending the 2016 NHC Comprehensive Plan that will achieve the following: • Formalize Board of Commissioners policy direction to include bicycle and pedestrian easements along Carolina Beach Road in new development projects. • Adopt a bicycle and pedestrian plan to articulate prioritized projects identified through past planning efforts for eligibility for state and federal funding and inclusion in the Wilmington Urban Area Metropolitan Planning Organization's (WMPO) Metropolitan Transportation Plan (MTP). • Provide clarity for both applicants and the public of the desire to add additional bicycle and pedestrian infrastructure within New Hanover County. BACKGROUND In 2016 New Hanover County adopted its first Comprehensive Plan, Plan NHC. The plan aimed to prepare for future growth, with an eye towards affordability and supporting business success while making more efficient use of land and preserving and protecting our natural resources. This vision which remains today has helped maintain a high level of quality for our community. While many of the major goals of the plan have been achieved, the needs of the community have changed leading to the need to update the comprehensive plan. As part of the update to the comprehensive plan the county recognized the need for additional support to increase its efforts in providing transportation infrastructure, specifically bicycle and pedestrian infrastructure. Currently New Hanover County has been using multiple approaches to design and construct infrastructure such as multi -use paths, sidewalks and bike lanes. Over the past several years the county has vetted and identified priority bicycle and pedestrian projects in various initiatives such as the county's capital improvement plan and the 2022 sales tax referendum. New Hanover County is needing an adopted plan to clearly articulate the projects from past initiatives as well formalize policy direction to where it is desired to have bicycle and pedestrian easements. This will provide clarity to both applicants and the public during the development review process. In addition, an adopted plan articulates the desire to have identified projects eligible for state and federal funding sources through the Wilmington Urban Area Metropolitan Planning Organization's (WMPO) Metropolitan Transportation Plan (MTP). Board of Commissioners - June 3, 2024 ITEM: 14- 2 - 1 The Bicycle and Pedestrian Priorities Plan also supports the goals as outlined in the 2024-2028 NHC Strategic Plan outlined Community Based Outcomes with Strategic Objectives and measurable targets, and the provision of a means for supportive housing is consistent with the following outcomes and objectives: Community Safety & Well-being Desired Outcomes - • - - Targets Every resident has access to Connect residents to Reduce top 3 causes of premature death by: services that support their individualized services at the Cancer & Heart Diseases - 2% annually, 10% over 5 years physical health and mental right time with a variety of • Accidents - I % annually, 5% over 5 years well-being. service providers. Achieve mental healthcare provider ratio of 140 residentslprovider The community supports a Effectively and efficiently 90% of urgent 911 calls are dispatched within 90 seconds life that mitigates health and respond to public health 90% of Fire Rescue responses are timely and arrive within safety risks. and safety demands. official emergency benchmarks 0 Sustainable Land Use & Environmental Stewardship Desired Outcomes Strategic ObjectiveW Targets Through planned growth and Connect residents to basic needs 9S% of residential units are within a 10-minute drive of health care, childcare, grocery stores and pharmacies development, residents have through a variety of housing and access to their hasic needs. transportation options. Increase the housing supply to a level of one residential unit per two resIdorts PUBLIC COMMENT The public comment period for the draft was available from April 5 — April 22. In general, there were no objections to the draft amendment only overall support including support of the proposed projects as presented. Additional feedback included concerns about overall safety and the addition of safety elements such as crosswalks. These safety elements or safe havens are already included in Goal VIII of the existing comprehensive plan. In addition to comments staff also received two letters of support, one from the Cape Fear Cyclists and the other from the Terry Benjey Foundation. PLANNING BOARD RECOMMENDATION The Planning Board considered the proposed amendment at their May 2, 2024 meeting. At the public hearing there was no one who spoke in support of or in opposition to the proposed amendment. The Board voted 6-0 to recommend approval of the proposed amendment. They RECOMMENDED APPROVAL of the proposed amendment to the New Hanover County Comprehensive Plan to add the Bicycle and Pedestrian Priorities Plan that includes new strategies and guidelines found in Chapter 5 Building the Future. They find it to be CONSISTENT with the purpose and intent of the Comprehensive Plan because it broadens existing goals and guidelines promoting the desire to have more bicycle and pedestrian infrastructure in the county. They also found RECOMMENDING APPROVAL of the proposed amendment was reasonable and in the public interest because it articulates identified priority bicycle and pedestrian projects, clarifies where bicycle and pedestrian infrastructure is desired during the development review process Board of Commissioners - June 3, 2024 ITEM: 14- 2 - 2 and formalizes policy direction to include bicycle and pedestrian easements along Carolina Beach Road with new development projects. PROPOSED AMENDMENT Staff's proposed text amendment is attached, with red italics indicating new language. STAFF RECOMMENDATION Staff recommends approval of the attached amendment and suggests the following motion: I move to RECOMMEND APPROVAL of the proposed amendment to the New Hanover County Comprehensive Plan to add the Bicycle and Pedestrian Priorities Plan that includes new strategies and guidelines found in Chapter 5 Building the Future. I find it to be CONSISTENT with the purpose and intent of the Comprehensive Plan because it broadens existing goals and guidelines promoting the desire to have more bicycle and pedestrian infrastructure in the county. I also find RECOMMENDING APPROVAL of the proposed amendment reasonable and in the public interest because it articulates identified priority bicycle and pedestrian projects, clarifies where bicycle and pedestrian infrastructure is desired during the development review process and formalizes policy direction to include bicycle and pedestrian easements along Carolina Beach Road with new development projects. Board of Commissioners - June 3, 2024 ITEM: 14- 2 - 3 Comprehensive Plan Amendment - Bicycle and Pedestrian Priorities Plan — Public Hearing Draft PROPOSED AMENDMENT Chapter 5: Building the Future — Implementation Guidelines — Goal IV Goal IV: Use public infrastructure improvements to leverage private Desired Outcome. Coordinated efforts ofpub/ic and private investment to maximize improvements Implementation Strategies Implementation Guidelines A. Work with CFPUAon a targeted Guide/inesare notpartofthis strategy. long range plan for water and sewer infrastructure. B. Work with MPO on a targeted /V.B. I Coordinate with NC DOT, WMPO, and long range plan for property owners to complete a collector street transportation infrastructure. network plan for unincorporated areas /V.B.2 Encourage driveway standards to promote better traf'c flow in the county. /V.B.3 Continue to require street connectivity and discourage cul-de-sacs andgated communities that impede connectivity and emergency response. /114B.4 Adopt and implement a Bicycle and Pedestrian plan that identifies a network of bicycle and pedestrian facilities and prioritizes the location and preferred type of facility. C. Consider revising zoning /V.C. I Encourage new development to consider ordinances to support mixed allocation of space for new community services uses and holistic approach to such as fire stations, schools, libraries, and development. museums. /V. C.2 Encourage public investments to consider locating near existing communities. D. Consider strategies to Guidelines are not part of this strategy. encourage increased private sector investment in the provision of infrastructure. Board of Commissioners - June 3, 2024 ITEM: 14- 3 - 1 Comprehensive Plan Amendment - Bicycle and Pedestrian Priorities Plan — Public Hearing Draft Chapter 5: Building the Future — Implementation Guidelines — Goal VIII walkableGoal Vill: Integrate multi -modal transportation into mixed land uses that encourage safe, Desired Outcome. A community with a mixture of land uses that allows for individuals to perform daily tasks without the use of an automobile. A community where individuals can safely walk, bike, and access transit. Implementation Strategies Implementation Guidelines E. Encourage provision of transit V/ll.E. I Encourage pedestrian, bicycle, and public supportive land uses and infrastructure transportation circulation networks and the where appropriate. inclusion of infrastructure considerations (such as cross walks, bike lanes, shelters, pedestrian islands, and others that promote safe havens for alternative transportation). Vl//.E.2 Concentrate development in nodes and high growth areas depicted on the Future Land Use Map to ultimately produce densities that can support multi modal transportation and Transit Oriented Development. Vl/1.E.3 Provide alternatives to automobile transportation by encouraging new development, redevelopment, and transportation improvements to include provisions for a network of bicycle and pedestrian facilities, including pedestrian causeways, bridges, and crossings on collector streets and major arterials. Vlll.E.4 Require new development and/or rezoned property adjacent to Carolina Beach Road to dedicate a 20'(foot) easement parallel to Carolina Beach Road for the inclusion of multi- use paths. Board of Commissioners - June 3, 2024 ITEM: 14- 3 - 2 Comprehensive Plan Amendment - Bicycle and Pedestrian Priorities Plan — Public Hearing Draft Appendix: Bicycle & Pedestrian N Prioritization Projects 1of2 N _ I� ro a Northchase?a�xayville Rd Market St. a PI<wy W. Porters Neck Rd. Prioritization Projects Existing BIke/Ped Path - CITY�or _ WILMIN G7ON In Construction/Upcoming Projects / Existing Bicycle Facility �. TOWN OF Board of Commissioners - June 3, 2024 ITEM: 14- 3 - 3 Comprehensive Plan Amendment - Bicycle and Pedestrian Priorities Plan — Public Hearing Draft Appendix: Bicycle. & P, edesthan� �X'X� > P' ntization Project List 2 �of(ZW� m 'Can c, �e -a GCS �1 I 1 n n w Golden I a Prioritization Projects rrr Existing Bike/Ped Path +� In Construction/Upcorning Projects Existing Bicycle Facility 0&,xx� NE,,. Hzno•;ei Ccun•y. NL Board of Commissioners - June 3, 2024 ITEM: 14- 3 - 4 Comprehensive Plan Amendment - Bicycle and Pedestrian Priorities Plan — Public Hearing Draft Appendix: Project From To Preferred Facility Blue Clay Road/Gordon Rd Castle Hayne Road College Road North 10' paved multiuse path Carolina Beach Road West St. Andrews Drive Antoinette Drive 10' paved multiuse path Carolina Beach Road South Monkey Junction Snows Cut Bridge 10' paved multiuse path Castle Hayne Road 1-140 Division Drive 10' paved multiuse path Central College Road Northchase Parkway W. Blue Clay Road 3' On road dedicated bike lane College Road South 17th Street Monkey Junction 10' paved multiuse path Golden Road Carolina Beach Road Myrtle Grove Road 10' paved multiuse path Harris Road Gordon Road Smith Creek Park 10' paved multiuse path Kerr Avenue North (Including Bavarian Ln) MLK Blvd Castle Hayne Road 10' paved multiuse path Market Street North Northern Extent of Bayshore Commons Porters Neck Road 10' paved multiuse path Market Street/ U.S. Hwy 17 Porters Neck Road Sidbury Road 10' paved multiuse path Masonboro Loop Road, Grissom Road & Piner Road Navaho Trail Carolina Beach Road 10' paved multiuse path Middle Sound Loop Road Loop Middle Sound Village Subdivision Ogden Elementary 10' paved multiuse path Mohican Trail College Road S. Masonboro Loop Road 10' paved multiuse path Murrayville Road College Road N. Crooked Pine Road 10' paved multiuse path Myrtle Grove Road & Piner Road Grissom Road Carolina Beach Road 10' paved multiuse path Northchase Parkway West College Road N. College Road N. 5' paved sidewalk Market Street/ Porters Neck Road Cypress Pond Way Final Landing Lane 10' paved multiuse path Sanders Road Carolina Beach Road River Road 10' paved multiuse path Sidbury Road College Road N. Market Street 10' paved multiuse path Silver Lake Road Carolina Beach Road River Road 10' paved multiuse path Snows Cut Bridge River Road Access Road 10' paved multiuse path Board of Commissioners - June 3, 2024 ITEM: 14- 3 - 5 From: Eileen McConville To: McDonnell. Dylan Subject: Bike Ped Plan public comment Date: Tuesday, April 9, 2024 12:49:11 PM ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Hi Dylan, I am president of the Terry Benjey Bicycling Foundation and a board member with Cape Fear Cyclists. I have the link to the proposed NHC Bicycle Pedestrian infrastructure plan and I see it is open to public comment until April 22. Are you looking for people to send you emails telling you what we think or is there a survey I can share with members? With several current feasibility studies, there are attached surveys for people to vote on different priorities. We aim to get our members involved, but I'm not certain how we can best let you know we basically want ALL the paths you outline on the maps. We are happy to support you through advocacy to the Commissioners and/or the WMPO Board. We work closely with NCDOT and will advocate there as well. If I can get a better idea of what you're looking for, we can rally some emails or input your way. Cape Fear Cyclists is a 400-member organization, so getting their support can be helpful. TBBF is a safety/education and advocacy group, and we have positive working relationships with many of our community leaders. Let me know what we can do to help. Sincerely, Eileen McConville 910.617.2128 Board of Commissioners - June 3, 2024 ITEM: 14- 4 - 1 From: Adam Brown To: McDonnell, Dylan Subject: Bike/ Pedestrian Plan Comment Date: Tuesday, April 16, 2024 1:09:16 PM ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Hi, My comments on the proposed Bike/ Pedestrian Plan are as follows: Bike paths running along Carolina Beach Road are currently underutilized. The bike paths are within 30 feet of traffic along a highway with traffic travelling between 45-55 mph. In addition, there are numerous breaks in access so the opportunities for conflicts between vehicular traffic at speed and bike/ pedestrian traffic are exceptionally high. I strongly support bike/pedestrian options but they need to be sufficiently distanced from fast vehicular traffic and avoid conflicts with vehicles. To be blunt, existing bicycle infrastructure in New Hanover County along Carolina Beach Road looks like a death trap for cyclists and pedestrians and not surprisingly New Hanover County seems to suffer from a high number of pedestrian and bicycle fatalities relative to the number of people who use those modes of transportation. My second comment is that physical barriers, like curbs and guardrails should separate bike/pedestrian facilities from vehicular traffic. There is a portion of roadway in North New Hanover County, where a large sidewalk is on the side of the road and a guardrail is on the other side of the sidewalk. This means that, in the event a vehicle left the road it could impact pedestrians on the sidewalk prior to being re -directed by guardrail to avoid a ditch. This "planning" reflects an obsolete view that values traffic's right to self -rescue prior to hitting a guardrail over the lives of pedestrians and cyclists. Thanks, Adam Brown adambrownt5 na .. email. com 573-647-6137� Board of Commissioners - June 3, 2024 ITEM: 14- 4 - 2 From: Michael MacNair To: McDonnell. Dylan Subject: Bike/Ped Plan Comments Date: Friday, April 12, 2024 1:26:47 PM ** External Email: Do not click links, open attachments, or reply until you know it is safe ** I love the plan and am grateful that it's moving forward. My comments are mostly about approach versus any specific changes to the plans to install paths. I'd just ask that you consider where people will likely ride based on growth and attractions. Downtown and beaches. How do we get people there safely? They are going anyway. Purpose: I think it's good to have in this document a reminder of why this is all being done. Some of the reasons why are here, but there are many benefits to include transportation that is: safe for all (cars, bikes, ebikes, walkers, runners, baby joggers, people with dogs, skateboards, kids and adults alike....). These plans are often looked at as having a benefit to a small crowd for limited benefit. Not true. We are also an active city that hosts an ironman and other sport activities and our infrastructure should continue to improve to be an example. T Strategy: I still often see a rather small sidewalk added when new development occurs in the area. I'd like to see a policy whereby we always recognize that an ever increasing amount of taxpayers will need to share and use these paths for all the reasons I shared above. A sidewalk basically only covers walkers. Let's use the space wisely for all "other than car" traffic. I have also seen how municipalities in Europe use these paths for better water management also by making sure they are made to direct water to drains and many are using pervious pavement that is better for the environment. Lastly, as cities grow they use these paths to get supplies and materials to the last mile in condensed areas. This could also be a possibility -So making sure the approach articulates a bigger opportunity for more people and considers these opportunities would seem more useful. Lastly, I'm not sure what we ask developers to contribute and do to make this happen but it seems like it's not enough. Cleanup: The most dangerous thing about our current infrastructure is that it starts and stops often. you are fine and then you are not. Addressing this and cleaning up places where this is dangerous should also be a consideration. Thanks for all your hard work. I'm not saying none of this is being done, I'm just sharing how we can tighten the focus and make the progress even better. I'm grateful for where things are going! Michael MacNair Chief Engagement Officer, Go MacNair Advisory Company LLC Independent Travel Advisor, Altour. Let me help create your dream trip portfolio. Mobile (703) 402-2585 Board of Commissioners - June 3, 2024 ITEM: 14- 4 - 3 From: Lani Hashimoto To: McDonnell. Dylan Subject: Re: Bike Comments Date: Tuesday, April 9, 2024 9:57:07 PM ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Thank you for the opportunity to comment. I wish to support the priority for mixed use paved lanes on the south side of the county. On Masonboro Loop, how would this lane be continued over Whiskey Creek? Without a safe path, the connections to retail or city paths are not available. The connections between Masonboro & College are great news though I hope they will remain separate lanes too. Would a back way into the new Hanover Pines Park be contemplated? Kind regards, -L On Tue, Apr 9, 2024 at 3:58 PM New Hanover Count, ®❑ wrote: You are subscribed to receive updates regarding the New Hanover County Comprehensive Plan. An amendment regarding Bicycle and Pedestrian Priorities is now in a public comment period that will end on April 22nd at 8:00 AM. Information regarding the Bicycle and Pedestrian Priorities Plan Amendment can be found here. A draft of the plan can be found here. Public comments may be sent to Dylan McDonnell at dmcdonnell@nhcgov.com or by calling (910) 798-7223. New Hanover County is committed to providing equitable opportunities and exceptional public services through good governance to ensure a safe, healthy, secure, and thriving community for all. Our vision is a county that is a vibrant, prosperous, diverse coastal community, committed to building a sustainable future for questions to come. Thank you for your interest in New Hanover County Government. 9 Board of Commissioners - June 3, 2024 ITEM: 14- 4 - 4 i■i■i■J■L■i■ Manage your Subscriptions: Manage Preferences I Contact Us I Unsubscribe You will need to use your e-mail address to log in. If you have questions or problems with the subscription service, please contact su bscriberhelp.govdelivery.com. Privacy Policy I Please note, email addresses received by New Hanover County may be considered public records under North Carolina Law and as such are subject to public inspection. However, unless otherwise noted, New Hanover County is not required to and will not provide copies of our subscribers' email address to the public. GovDelivery is providing this information on behalf of New Hanover County, and may not use the information for any other purposes. This email was sent to Lanihashi@gmail.com using GovDelivery Communications Cloud on behalf of: New Hanover County, North Carolina - 230 Government Center Dr., Suite 155 • Wilminaton. NC 28403 • 910-798-7311 ®❑ Board of Commissioners - June 3, 2024 ITEM: 14- 4 - 5 From: randy(asherpacs.com To: McDonnell. Dylan Subject: New Hanover County Bicycle And Pedestrian Priorities Plan Date: Friday, April 19, 2024 5:10:43 PM Attachments: Overview of 17th and Peel St Intersection.odf ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Hello Mr McDonnell, Thank you for inviting public comment. I'm an avid cyclist and dream about the day that Wilmington becomes safer for pedestrians and bikers. I've cycled in Raleigh, Augusta and Savannah and was amazed how multi -modal transportation was ingrained in the infrastructure. Cycling in all these cities was joyful. I feel that Wilmington has not kept pace with its booming growth, resulting in a car -centric environment, lack of green space and dangerous streets/intersections. For example, the Market St/Business 17 repaving all the way past Ogden did not include pedestrian/bike paths or sidewalks. I feel bad for cyclists living at Porter's Neck and beyond with no safe roads to use. I've attached an instance of this inherent danger— 17th St and Peel. Just a few of my suggestions... Add sharrows and green bike shared lane to Snow's Cut Bridge. Are there any plans to make this bridge safer for cyclists? I understand a cyclist was struck and killed on this bridge a few years ago. I used to cross this bridge, but value my life. Improve the Gary Shell Cross City Trail: signage is really poor at best. This is Wilmington's jewel for walkers/bikers. Wayfinding and color signage would really help. Have you seen the signage for the network of trails in Raleigh? All color -coded with wayfinding signage. Question: how does the City of Wilmington work with New Hanover when coordinating these improvements? Thanks again for all your support! Randy Board of Commissioners - June 3, 2024 ITEM: 14- 4 - 6 17th and Peel Street Crossing In 2017, Megan McClellan, 20, was hit and killed by a tractor -trailer while cycling. Since then, very little has been done to improve safety at this intersection. No signage to alert cyclists/pedestrians. ex: Stop sign or watch for traffic sign. Corner is overgrown with bushes, restricting line of sight. This entire corner should be cleared of all obstructions - all the way to the white bike. No signage to yield to cyclists/pedestrians. No signage to yield to ped/cyclists. Corner is overgrown with bushes, restricting line of sight. No signage to yield to ped/cyclists. W4" Crosswalk is faded and should be repainted with green walkway and white lines to improve visibility. Board of Commissioners - June 3, 2024 ITEM: 14- 4 - 7 From: randvralsherpacs.com To: McDonnell. Dylan Subject: Re: New Hanover County Bicycle And Pedestrian Priorities Plan Date: Friday, April 19, 2024 5:31:03 PM Attachments: imaae002.ono ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Hello Mr McDonnell, Here's an example of adding sharrows to Snow's Cut Bridge ... this would add some level of safety to cyclists. I would love your thoughts! Randy From: randy@sherpacs.com <randy@sherpacs.com> Date: Friday, April 19, 2024 at 5:10 PM To: dmcdonnell@nhcgov.com <dmcdonnell@nhcgov.com> Subject: New Hanover County Bicycle And Pedestrian Priorities Plan Hello Mr McDonnell, Thank you for inviting public comment. I'm an avid cyclist and dream about the day that Wilmington becomes safer for pedestrians and bikers. I've cycled in Raleigh, Augusta and Savannah and was amazed how multi -modal transportation was ingrained in the infrastructure. Cycling in all these cities was joyful. I feel that Wilmington has not kept pace with its booming growth, resulting in a car -centric environment, lack of green space and dangerous streets/intersections. For example, the Market St/Business 17 repaving all the way past Ogden did not include pedestrian/bike paths or sidewalks. I feel bad for cyclists living at Porter's Neck and beyond with no safe roads to use. I've attached an instance of this inherent danger —17th St and Peel. Just a few of my suggestions... Add sharrows and green bike shared lane to Snow's Cut Bridge. Are there any plans to make this bridge safer for cyclists? I understand a cyclist was struck and killed on this bridge a few years ago. I used to cross this bridge, but value my life. Improve the Gary Shell Cross City Trail: signage is really poor at best. This is Wilmington's jewel for walkers/bikers. Wayfinding and color signage would really help. Have you seen the signage for the network of trails in Raleigh? All color - coded with wayfinding signage. Question: how does the City of Wilmington work with New Hanover when coordinating these improvements? Thanks again for all your support! Randy Board of Commissioners - June 3, 2024 ITEM: 14- 4 - 8 From: Sam Burgess To: McDonnell. Dylan Subject: Bike Ped Plan public comment Date: Monday, April 22, 2024 9:22:14 AM ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Hi Dylan, Hope you and family are doing well as we look toward summer!! Bet your kids are growing fast!! I have looked over the proposed bike/ped plan for NHC. I am pleased that the unincorporated area of the County is getting a little more attention as it relates to multi -use paths! Overall, I think the proposed areas mapped look good. Two observations: - Would like to see an effort on additional or secondary internal bike/ped paths connecting through neighborhoods. I believe you and I have looked at trying to examine an area that would connect Porters Neck Road over to Marsh Oaks subdivision. This would allow safe passage through Bayshore, Wendover, and Covil Farm down to existing multi -use path along Military Cut -Off. There appears to be a strong interest from Cape Fear Cyclists to have internal neighborhood connects as well. Middle Sound Loop where you and Natalie live is another good example where you have internal access around the peninsula to Wendover and Gorman Plantation. I think Ken worked on some of the access over to Ogden Elementary. - From a safety concern, the current construction of a multi -use path along Market connecting to Military is not the best solution. There are too many existing driveway cuts along Market with limited site distance for drivers (and cyclists) pulling out on Market. As a driver using some of these cuts, it makes me uneasy to try and safely pull out onto Market for fear of a cyclist breezing through and not looking. I presume Planning along with Parks & Gardens are working together to optimize routes and seek funding. Please continue to keep me and the citizens in the loop as you move forward. Thanks, Sam Sent from my iPhone Board of Commissioners - June 3, 2024 ITEM: 14- 4 - 10 From: Abby Lorenzo To: McDonnell. Dylan Subject: RE: NHC Bike Ped Priorities Plan Date: Wednesday, May 1, 2024 12:54:59 PM Attachments: imaae001.pnq 2024-05-01 WMPO Comments on NHC Bike Ped Plan.docx ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Hi Dylan, Thank you for providing the WMPO with an opportunity to review NHC's draft bike ped priorities plan. Attached are the comments we have on the draft documents received. Please Let me know if you would prefer these comments be submitted through the online public comment submittal section. Also, please contact me with any questions on our comments. Thanks again! Abby Lorenzo, MPA Deputy Director Wilmington Urban Area Metropolitan Planning Organization (WMPO) 929 N. Front Street, 1St Floor Wilmington, NC 28401 Direct: (910) 341.7890 Mobile: (910) 515.2472 Abby.lorenzo(@wilmingtonnc.gov E-mail correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: McDonnell, Dylan <dmcdonnell@nhcgov.com> Sent: Thursday, April 25, 2024 2:53 PM To: Abby Lorenzo <Abigail.Lorenzo@wilmingtonnc.gov> Subject: NHC Bike Ped Priorities Plan Hey Abby, Rebekah had asked me to send you the map and list of projects we have identified on our draft Board of Commissioners - June 3, 2024 ITEM: 14- 4 - 11 priorities plan. Basically one that are on there that were not originally submitted to you all for the MTP include Blue Clay Road, N. Kerr Ave (including Bavarian Ln), Market St/17 from Porters Neck to Sidbury Rd and Northchase Parkway W through the residential section of Northchase. Let me know if you have any questions or need any additional information. Thanks! Dylan McDonnell Associate Planner — Long Range New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7223 p 1 (910) 798-7838 f dmcdonnellQnhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com E-mail correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Board of Commissioners - June 3, 2024 ITEM: 14- 4 - 12 WMPO Comments on New Hanover County Draft Bicycle and Pedestrian Priorities Plan (05/01/2024) • Overall Comments o Consider removing or revising the second bullet under "Purpose" which currently states: "Adopt a bicycle and pedestrian plan so prioritized projects are eligible for state and federal funding through the Wilmington Urban Area Metropolitan Planning Organization's (WMPO) Metropolitan Transportation Plan (MTP)." Bike/ped projects not included in an adopted plan are eligible to be submitted for consideration of inclusion in the MTP (during the planning process). o Reason behind titling the maps/projects "Bicycle & Pedestrian Prioritization Projects" ■ Should it be "Bicycle & Pedestrian Priority Projects" or "Priority Projects" in the map legends? o IV.B.4: Great addition to the implementation guidelines o VIII.E.4: Why is Carolina Beach Rd the only facility being identified for this implementation guideline? ■ What about requirements for new development/rezoning properties adjacent to other facilities in areas with priority projects identified? ■ Would the 20' easement be a requirement for all of CB Rd outside of city limits? From the city limits to Snow's Cut Bridge? Or is this requirement only for a specific portion of CB Rd in unincorporated NHC? • Northern Map (also in overall map) o Sidbury Rd misspelled --> noted as Sibury Rd o Inconsistency of street suffixes ■ Ex. Market St (abbreviated), Old Market Street (not abbreviated), Porters Neck & Edgewater Club (no suffixes), N. Kerr (no suffix) o Existing bike lanes on Old Fort Rd, Cannon Rd, Oyster Ln, Wendover Rd, and Bright Leaf Ln called out ■ Not visible from most recent aerial imagery --> were these projects recently implemented? Are they currently on the ground? If so, are they a painted bike lane, sharrow, or just an "on road" facility? • Southern Map (also in overall map) o Sanders Rd misspelled --> noted as Sander Rd o No labels to show the CB Rd W and S projects (western portion of CB Rd not labeled with road name) • Project Table o Could there be an ID number implemented for each project so that they could be labeled to where it can be easier to coordinate projects between the maps and the table? o Snows Cut Bridge from/to. Where exactly is north of Snows Cut and south of Snows Cut? ■ Would it have the same project extents from the 2045 MTP adopted project? River Rd to Access Rd? o Inconsistency of street prefixes Board of Commissioners - June 3, 2024 ITEM: 14- 4 - 13 ■ Ex. For the Blue Clay Rd project, the "to" extent is noted as College Road North but, the label on the map is N. College Rd and the same road is listed as N. College Rd further down in the project list table. o Many of the below suggestions are about the titles and labels presented in the document. ■ Blue Clay Road MUP — Blue Clay Rd ends at Gordon Rd which connects to Castle Hayne Rd. Would this MUP end at 23rd St., or continue down Gordon Rd to end at Castle Hayne Rd.? ■ Carolina Beach Rd West MUP — COW/County line at Matteo Dr.? • Antoinette Dr., not Rd. ■ Central College Rd bike lanes — is this from the northern Northchase intersection or southern? 2050 MTP project submission has them to the northern intersection —please specify if this is correct. Also, will Trask and Laney schools be connected with bike lanes? ■ Market St North — Sidewalk exists in front of the Walmart as a gap between planned MUPS. Will this be included for MUP construction in the future? ■ Masonboro Loop Rd. And Piner Rd — would this end at the intersection of College & Piner? ■ Middle Sound Road Loop — couldn't find Middle Sound Village on the map. Is this at Maple Leaf Dr? Can you make it clearer this means around the loop in a clockwise direction? ■ Mohican Trail - ends at College Rd., not Carolina Beach Rd. ■ Myrtle Grove Rd — does this northern end intersect with Grissom Rd/Masonboro Loop Rd? If not, there's a gap between Piner/Masonboro Loop. Text description differs from line work. ■ Northchase Pkwy — can Northchase Pkwy's northern and southern intersections with N College Rd. be indicated in each from/to box? ■ Porters Neck Rd — Is Food Lion Shopping Center the intersection of Porters Neck Rd and Market St? Also, linework notes that facility continues down Edgewater Club Rd. which is unclear from the title of this project. Board of Commissioners - June 3, 2024 ITEM: 14- 4 - 14 Bicycle Pedestr*ian Priorities Plan Comprehensive Plan Update Dylan McDonnell Associate Planner — Long Range Amendment Timeline • Concept Presentation to Planning Board • Release of Public Comment Draft • Board of Commissioners Public Hearing Description & Goals • Develop an Amendment to the current Comprehensive Plan • Incorporate already established bicycle and pedestrian projects • Capital Improvement Plan • % cent Sales Tax Project list • Additional projects from other county initiatives Public Comment Draft Comments :� L • Public Comment Draft April 5 - April 22nd Very supportive in general Bike Community Letters of Support Priority Plan • Identify projects that extend on the existing network & provide connections and access to destinations • Include policy direction that would provide for the inclusion of 20' (foot) bicycle and pedestrian easements along Carolina Beach Road 0 O '- • Middle Sound Loop Rd. • Porters Neck/ Edgewater Club • Market St. • Harris Rd. • Murrayville Rd. • Sidbury Rd. • Castle Hayne Rd. • College Rd N. (Bike Lanes) • Market St/Hwy 17 (to Sidbury) • Blue Clay Rd. • Kerr Ave. N. (including Bavarian) • Northchase Pkwy W. Bicycle & Pedestrian NN Prioritization Projects Il 1of2 Northchase Pkwy W. Prioritization Projects Existing BikejPed Path In ConstructionlUpcominq Projects - Existing Bicycle Facility M AlUTvayville Rd% Market St. �� r Porters v cl- Neck Rd, Soup TOWMyOF WRIGHTSYICP-IEP EAcW,n 'C • College Rd. S. • Masonboro Loop/Grissom/ Piner • Myrtle Grove Rd. • Snows Cut Bridge • Silver Lake Rd. • Sanders Rd. • Carolina Beach Rd. • Golden Rd. • Mohican Trail Bicycle'& Pedestrian X Prioritization Projectli v 2of2 � Mahr� c O lJ e lz � �f kryryer � 1 r sanders Ra. r) m a v Golden a l� Rd. Prioritization Projects — Existing Bike/Ped Path — In Construction/Upcoming Projects — Existing Bicycle Facility rum Project From To Preferred Facility Blue Clay RoadlGordon Rd Castle Hayne Road College Road No.t--, 10' paved multiuse path Carolina Beach Road West St. Andrews Drive Antoinette Drive 1 O' paved multiuse path Caroline Beach Road South Monkey Junction Snows Cut Bridge 10' paved multiuse path Castle Hayne Road 1-140 Division Drive 1 O' paved multiuse path Central College Road Northchase Parkway W. Blue Clay Road 3' On road dedicated hike lane College Road South 17th Street Monke Junction 1 O' paved multiuse path Golden Road Carolina Beach Roe d Myrtle Grove Road 10' paved multiuse path Harris Road Cordon Road Smith Creek Park 1 O' paved multiuse path Kerr Avenue North (including Bavarian Ln) MLK Blvd Castle Hayne Road 1 O' paved multiuse path Market Street North Northern Extent of Bayshore Commons Porters Neck Road 1 O' paved multiuse path Market Street/ U.S. Hwy 17 Porters Neck Road Sidbury Road 10' paved multiuse path Masonhoro Loop Road, Grissom Road &PinerRoad Navaho Trail Carolina Beach Road 1O' paved multiuse path Middle Sound Loop Road Loop Middle Sound pillage Subdivision Ogden Elementary 1 O' paved multiuse path Mohican Trail College Road S. Masonboro Loop Road 1 O' paved multiuse path Murrayville Road College Road N. Crooked Pine Road 1 O' paved multiuse path Myrtle Crave Road & Piner Road Grissom Road Carolina Beach Road 1 O' paved multiuse path Northcha3e Parkway West College Road N. College Road N. 5' paved sidewalk Market Street/ Porters Neck Road Cypress Pond Way Final Landing Lane 14' paved multiuse path Sanders Road Carolina Beach Road River Road 10' paved multiuse path idhury Road College Road N. Market Street 1 O' paved multiuse path Silver Lake Road Carolina Beach Road River Road 1 O' paved multiuse path Snows Cut Bridge River Roa d Access Road 1 O' paved multiuse path Comprehensive Plan Amendment Chapter 5: Building the Future — Implementation Guidelines — Goal IV .. l IV: Use public infrastructure improvements to leverage private Desired Outcome: Coordinated efforts of public and private investment to maximize improvements. Implementation Strategies Implementation Guidelines A. Work with CFPUA on a targeted Guidelines are not part of thisstrategy. long range plan for water and sewer infrastructure. B. Work with MPO on a targeted I148.1 Coordinate with NCDOT, WMPO, and long range plan for property owners to complete a collector street transportation infrastructure. network plan for unincorporate dareas. I148.2 Encourage drivewaystandards to promote better traffic flow in the county. 1148.3 Continue to require streetconnectivityand discourage cul-de-sacs andgated communities that impede connectivity and emergency response. 1148.4 Adopt and implementa Bicycle and Pedestrian plan that identifies a network of bicycle and pedestrian facilities and prioritizes the location and preferred type of facility. C. Consider revising zoning I V C I Encourage new de velopment to consider ordinances to support mixed allocation of space fo r n e w com m un ity services uses and holistic approach to such as fire stations, schools, libraries, and development. museums. IV.C.2 Encourage public in vestments to consider locating near existing communities D. Consider strategies to Guidelines are not part of this strategy. encourage increased private sector investment in the provision of infrastructure. Chapter 5: Building the Future — Implementation Guidelines — Goal VIII ._ od_ I trans po encourage safe, walkable communities. Desired Outcome: A community with a mixture ofland uses that allows for individuals to perform daily tasks without the use of an automobile. A community where individuals can safely walk, bike, and access transit Implementation Strategies Implementation Guidelines E. Encourage provision of transit VIII.E. I Encourage pedestrian, bicycle, and public supportive land uses and infrastructure transportation circulation networksandthe where appropriate. inclusion ofinfrastructure considerations (such as cross walks, bike lanes, shelters, pedestrian islands, and others that promote safe havens for alternative transportation). 14111.E.2 Concentrate development in nodes and high growth areas depicted on the Future Land Use Map to ultimately produce densities that can support multi modal transportation and Transit Oriented Development VIII.E.3 Provide alternatives to automobile transportation by encouraging new development, redevelopment and transportation improvements to include provisions for a network of bicycle and pedestrian facilities, including pedestrian causeways, bridges, and crossings on collector streets and major arterials VIII.E.4 Require new development and/or rezoned property adjacent to Carolina Beach Road to dedicate a 20' (foot) easement parallel to Carolina Beach Road for the inclusion of multi- use paths Bicycle & Pedestrian Prioritization Projects 1of2 rD �. z �v Northchase ro Pkwy W. I� a' Prioritization Projects Existinq Bike/Ped Path - In Construction/Upcoming Projects - Existing Bicycle Facility N ■ Ioutrayville Rd• Market St, Porters �...� Neck Rd. S Ctf. S i TDWN OF WRiGHTS,VfbP'-E SEAC k-1' 'Bicycle'& Pedestrian Priontization Projectlist V) -A z a 14°hican rr a � o o a L e v 4 p'ner I % Sanders Ra. n m 0 m Golden l� Rd. n � O Pv Prioritization Projects Existing Bikej Ped Path i In Constructian/Upcoming Projects •� Existing Blcycie Facility a g' Bride ne Ha ove co ry,nc