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HomeMy WebLinkAboutAgenda 08-05-2024NEW HANOVER COUNTY BOARD OF COMMISSIONERS 23C Government Center Drive, Suite 175, Wilmington, NC 28403 P: (910) 798-7149 1 F: (910) 798-7145 [ NHCgov.com Bill Riven bark, Chair I LeAnn Pierce, Vice -Chair Jonathan Barfield, Jr., Commissioner I Dane Scalise, Commissioner [ Rob Zapple, Commissioner AUGUST 5, 2024 4:00 P M LOCATION (NHC Historic Courthouse, 24 North 3rd Street, Room 301) I NVOCAT ION (Associate Pastor Tracey Daniel, First Presbyterian Church) PLEDGE OF ALLEGIANCE (Commissioner Rob Zapple) MEETING CALLED TO ORDER (Chair Bill Rivenbark) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. First Reading: Approval of Solid Waste Franchise Agreement for Thomas and Son, Inc. 3. Approval of Amendments to the New Hanover County Airport Authority Bylaws 4. Adoption of Resolution Appointing NHW Healthcare Trustees ESTI MATED MINUTES REGULAR AGENDA ITEMS OF BUSINESS 5 5. Consideration of National Immunization Awareness Month 10 6. Consideration of Approval for Public Art at the Government Center 10 7. Consideration of Memorandum of Understanding — New Hanover County Schools Emergency Repairs 10 8. Consideration of Special Assessment: William Louis Drive — Determination of Costs, Preliminary Assessment Roll, and Establishment of Public Hearing Date 45 9. Public Hearing Request by New Hanover County Planning & Land Use to amend the 2016 Comprehensive Land Use Plan to incorporate updated guidance for the development of the Western Bank of the Cape Fear and Northeast Cape Fear Rivers 45 10. Public Hearing Rezoning Request (Z24-12) — Request by Adam Sosne with Brightwater Development Company, applicant, on behalf of MHMJ, LLC, property owner, to rezone approximately 12.68 acres zoned Conditional RMF-M, Residential Multi - Family - Moderate Density located at 5322 Carolina Beach Road to a new (CZD) RMF-M district for a maximum 133 attached single - family dwelling units Board of Commissioners - August 5, 2024 45 11. Quasi Judicial Hearing Special Use Permit Request (524-02) — Seabreeze Single Family Dwelling — Request by Nathan Christy with Future Homes, applicant, on behalf of Terrilyn and Celecia Phillips, property owners, for a Special Use Permit for the use of Single -Family Detached Dwelling in a B-2, Regional Business district on a 0.19-acre parcel of land located at 1029 S. Seabreeze Road PUBLIC COMMENTS ON NON -AGENDA ITEMS (limit three minutes) ESTIMATED MINUTES ADDITIONAL AGENDA ITEMS OF BUSINESS 12. Additional Items County Commissioners County Manager Clerk to the Board County Attorney 13. 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. Core Values Professionalism - Equity - Integrity - Innovation - Stewardship - Accountability Board of Commissioners - August 5, 2024 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:8/5/2024 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: Agenda Review held on July 18, 2024 Regular Meeting held on July 22, 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 approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - August 5, 2024 ITEM: 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:8/5/2024 Consent DEPARTMENT: County PRESENTER(S): Kemp Burpeau, Senior Deputy County Attorney and Joe Suleyman, Attorney Recycling & Solid Waste Director CONTACT(S): Kemp Burpeau and Joe Suleyman SU BJ ECT: First Reading: Approval of Solid Waste Franchise Agreement for Thomas and Son, Inc. BRIEF SUMMARY: New Hanover County requires a county issued franchise to collect solid waste. Pursuant to County Ordinance 44.55, the applicant has provided information about business organization, equipment, personnel, and fiscal responsibility. The Recycling & Solid Director has no objections to the franchise request. The franchise period would run for seven years. The county currently has 26 active franchise agreements. All franchise agreements shall now include the following requirements: Should franchisee provide curbside collections for services; franchise must also offer customers a curbside recycling option. Staff has reviewed only for compliance with the County 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: Authorize the first reading of the franchise award. This matter will then be placed on the next agenda for the second approval required for final franchise award. Upon award, the company will provide Certificates of Insurance, agree not to bring outside waste into the county and to haul all waste to a county designated facility, if required by law. ATTACHMENTS: Supporting Document Solid Waste Franchise Agreement COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. Board of Commissioners - August 5, 2024 ITEM: 2 COMMISSIONERS' ACTIONS: Approved (5-0) Board of Commissioners - August 5, 2024 ITEM: 2 NORTH CAROLINA A Department of the Secretary of State To all whom these presents shall come, Greetings: I, ELAINE F. MARSHALL, Secretary of State of the State of North Carolina, do hereby certify the following and hereto attached to be a true copy of ARTICLES OF INCORPORATION OF THOMAS AND SON INC the original of which was filed in this office on the 21 st day of May, 2024. 0 0 IN WITNESS WHEREOF, I have hereunto set my t hand and affixed my official seal at the City of Raleigh, this 21st day of May, 2024. NJ . 40a4� Scan to verify online. Certification# C202413100211-1 Reference# C202413100211-1 Page: 1 of 3 Secretary Of State Verify this certificate online at https://www.sosnc.go ridatC)Ommissioners - August 5, 2024 ITEM: 2 - 1 - 1 State of North Carolina Department of the Secretary of State ARTICLES OF INCORPORATION SOSID: 2847426 Date Filed: 5/21/2024 7:23:00 AM Elaine F. Marshall North Carolina Secretary of State C2024 131 00211 Pursuant to §55-2-02 of the General Statutes of North Carolina, the undersigned does hereby submit these Articles of Incorporation for the purpose of forming business corporation. 1. The name of the corporation is: Thomas Iomas and Son Inc 2. The number of shares the corporation is authorized to issue is: 3. These shares shall be: (check either a or b) a. R All of one class, designated as common stock; or 1000 b. Divided into classes or series within a class as provided in the attached schedule, with the information required by N.C.G.S. Section 55-6-01. 4. The name of the initial registered agent is: Tom Toby 5. The North Carolina street address and county of the initial registered office of the corporation is: Number and Street 6605 Oliver Ct cityW i l m i n gto n State NC Zip Code 2 8412 CountyNew Hanover 6. The mailing address, if different from the street address, of the initial registered office is: Number and Street City State NC Zip Code County 7. Principal office information: (must select either a or b) a. a The corporation has a principal office. The principal office telephone number: 91 0-262-7390 The street address and county of the principal office of the corporation is: Number and Street 6605 Oliver Ct cityW i l m i n g to n State N C Zip Code 2 8412 County New Hanover The mailing address, if different from the street address, of the principal office of the corporation is: Number and Street City State Zip Code b. The corporation does not have a principal office. BUSINESS REGISTRATION DIVISION (Revised July 2017) P. O. BOX 29622 County RALEIGH, NC 27626-0622 (Form B-01) Board of Commissioners - August 5; 2024 ITEM: 2 - 1 - 2 Certification# C202413100211-1 Reference# C20241310021I- Page: 2 of 3 8. Any other provisions, which the corporation elects to include, i.e., the purpose of the corporation, are attached. 9. The name and address of each incorporator is as follows: Name Tom Toby Address 6605 Oliver Ct Wilmington, NC 28412 10. (Optional): Listing of Company Officers (See instructions on why this is important) Name Address Title Privacy Redaction 11. (Optional): Please provide a business e-mail addre The Secretary of State's Office will e-mail the business automatically at the address provided at no charge when a document is filed. The e-mail provided will not be viewable on the website. For more information on why this service is being offered, please see the instructions for this document. 12. These articles will be effective upon filing, unless a future date is specified: This the 29 day of April 20 24 Thomas and Son Hauling & Disposal Inc gnature Tom o y President Incorporator Type or Print Name and Title NOTES: 1. Filing fee is $125. This document must be filed with the Secretary of State. BUSINESS REGISTRATION DIVISION (Revised July 2017) P. O. BOX 29622 RALEIGH, NC 27626-0622 (Form B-01) Board of Commissioners - August 5, 2024 ITEM: 2 - 1 - 3 Certification# C202413100211-1 Reference# C202413100211- Page: 3 of 3 From: Tom Toby <tltoby@thomastows.com> Sent: Monday, June 3, 2024 4:01 PM To: Burpeau, Kemp <KBurpeau@nhcgov.com> Subject: Solid waste franchise submittal for Thomas Toby, Thomas and Son Inc. ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Good afternoon Mr. Burpeau, Per your instructions, I am attaching the list of information that you have requested for submittal for a solid waste franchise. As we have discussed this is an addition to my towing company, Thomas Towing and Transport so some of the information corresponds to our existing business. I appreciate your guidance during this process. If there is any additional material needed, please let me know Respectfully, Thomas Toby, President Thomas and Son Inc. See below LLC Paperwork: see attachment Principle owner: Thomas Toby, President Principle address: Business Office, 6605 Oliver Court, Wilmington NC, 28412 Type of material: Solid waste Where in county: entirety of New Hanover County Equipment type: 1- Pick-up truck w/ 10-15 yard roll off trailer, 1- hook lift truck, initial investment of 2- 10 yard and 2- 15 yard roll off dumpsters, expected growth to 10 dumpsters in a year and a half. Insurance Certificate: see attachment Financials: see attachment Number of Employees: 2 New Hanover County Contract # 25-0107 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 THOMAS AND SON, INC., a North Carolina corporation, with its principal mailing address at 6605 Oliver Ct, Wilmington, North Carolina 28412, 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. 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 Board of Commissioners - August 5, 2024 ITEM: 2 - 2 - 1 New Hanover County Contract # 25-0107 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 Liabilitv. 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, "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 Board of Commissioners - August 5, 2024 ITEM: 2 - 2 - 2 New Hanover County Contract # 25-0107 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. ATTEST: Secretary STATE OF COUNTY THOMAS AND SON, INC. President (SEAL) I, , a Notary Public of the State and County aforesaid, certify that came before me this day and acknowledged that (s)he is President of THOMAS AND SON, INC., a North Carolina corporation, 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 President. WITNESS my hand and official seal, this day of Notary Public , 2024. My Commission Expires New Hanover County digital signature page attached hereto and incorporated herein by reference. Board of Commissioners - August 5, 2024 ITEM: 2 - 2 - 3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:8/5/2024 Consent DEPARTMENT: Governing PRESENTER(S): Jeff Bourk, I LM Airport Director and Spruill Thompson, I LM Airport Body Authority Chair CONTACT(S): Kym Crowell, Clerk to the Board and Jeff Bourk SU BJ ECT: Approval of Amendments to the New Hanover County Airport Authority Bylaws BRIEF SUMMARY: Approval of Amendments to sections of the New Hanover County Airport Authority Bylaws as follows: • Update Membership to reflect seven members • Update Officers section • Update Duties of various Airport Authority members • Update information about the Lease/Airport Property section The amendments have been reviewed and approved by the members of the Airport Authority, staff, and legal. STRATEGIC PLAN ALIGNMENT: • Good Governance o Internal business processes ■ Communicate what the county does and why RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the amendments to the New Hanover County Airport Authority Bylaws. ATTACHMENTS: Bylaws (Redline Version) COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved (5-0) Board of Commissioners - August 5, 2024 ITEM: 3 Airport Authority By -Laws BY-LAWS NEW HANOVER COUNTY AIRPORT AUTHORITY ARTICLE I Name The name of this Authority shall be the New Hanover County Airport Authority. ARTICLE II Purpose New Hanover County Airport Authority was created by the General Assembly of North Carolina in 1989, at the request of the New Hanover County Board of Commissioners, for the purpose of operating, developing, improving, promoting and maintaining the Wilmington International Airport in such a manner as necessary to meet and serve the public interest. ARTICLE III Duties The Airport Authority, a body corporate and politic, is the governing body of Wilmington International Airport and shall set the policy and adopt rules, regulations and ordinances covering the use of the Airport and its facilities by the public and its tenants. The Authority shall negotiate and enter into all leases and contracts subject to the terms and conditions of the County lease to the Authority. It shall adopt an annual budget pursuant to Chapter 159, Article 3, Part 1, Budgets of the North Carolina General Statutes. The Authority shall handle financial transactions such as billing tenants, performing audits, collecting funds, disbursing payments, and managing in every Board of Commissioners - August 5, 2024 ITEM: 3 - 1 - 1 Airport Authority By -Laws way the cash flow of the Airport. It shall appoint and fix compensation, pay and have the power to discipline and/or discharge the Airport Director and all other Airport employees. ARTICLE IV Membership Initially, the Airport Authority s consistP 1 of five 5 members wl+e shall be appointed by the New Hanover County Board of Commissioners in the manner set forth in the enabling legislation which created the Authority. Membership may be increased or decreased in the manner set forth in the enabling legislation. On September 3, 2014, the New Hanover County Airport Authority_ passed a Resolution expanding the board to seven (7) members, with two additional members being appointed by the New Hanover County Board of Commissioners on September 15, 2014. ARTICLE V Offices The Airport Authority shall maintain an office at the Wilmington International Airport, Wilmington, North Carolina, or at such other place as may be agreed upon by the Authority for the transaction of business of the Authority. ARTICLE VI Meetings The Airport Authority shall meet in regular session on the first Wednesday of each month or at such time as it deems necessary. This schedule is subject to change from time to time, including the addition of special meetings and elimination of regularly scheduled meetings. All meetings of the Airport Authority shall be open to the public except those meetings which are held in Closed Session pursuant to North Carolina General Statute. Board of Commissioners 2August 5, 2024 ITEM: 3 - 1 - 2 Airport Authority By -Laws Any person wishing to appear before the Airport Authority shall make a written request, stating the intended purpose of the request to be heard, to the Airport Director and such requests to appear before the Authority must be made a least one (1) calendar week before the Authority meeting at which the appearance is desired. ARTICLE VII Notice of Meetings The business to be transacted at any regular or special meeting of the Airport Authority shall be specified in the form of an agenda which shall be prepared under the direction of the Airport Director. All such notices of any regular or special meeting shall be made pursuant to the requirements of the North Carolina General Statutes. ARTICLE VIII Quorum A majority of members of the Airport Authority at any regular or special meeting of the Authority shall constitute a quorum for the conduct of business. An affirmative action by a majority of the members attending a meeting shall be necessary to constitute action by the Authority. 3 Board of Commissioners - August 5, 2024 ITEM: 3 - 1 - 3 Airport Authority By -Laws ARTICLE IX Officers The officers of the Airport Authority shall be a Chairman, a Vice -Chairman, a Secretary and an Immediate Past Chairman. Each year at the Authority's July meeting, followingthe he approval of the minutes, officers shall change (no action required by the Authority Board). The position of Secretary shall be appointed based on the officer's seniority within the Airport Authority (4th in line at the July Board meeting after the I m m e d i a t e Past Chairman has rolled off the board). After serving for one year in the SecretM position, the Secretary shall assume the Vice -Chairman position at the first meeting in July of the prospective year. After serving for one year in the Vice -Chairman position, the Vice - Chairman shall assume the Chairman position at the first meetingin n July of the prospective year. After serving one vear in the Chairman position. the Chairman -shall assume the Immediate Past Chairman position at the first meetingin 'n July of the prospective year. After serving one year as Immediate Past Chairman at the first meeting in of the prospective year, the Immediate pPast c-Chairman will no longer serve in an officer position. The New Hanover County Commissioner is ineligible for the positions of Chairman, Vice -Chairman, Secretary, and Immediate Past Chairman. The Authority Board retains the right to vote for an alternate candidate for any officer position at their discretion. 4 Board of Commissioners - August 5, 2024 ITEM: 3 - 1 - 4 Airport Authority By -Laws ARTICLE X Oaths The members of the Airport Authority after each appointment shall take the oath prescribed by law before the Clerk to the Board of County Commissioners or other officer authorized to administer the same in New Hanover County and shall file a copy of said oath with the Secretary of the Airport Authority and the County Commissioners of New Hanover County. ARTICLE XI Duties of the Chair The Chairffhm shall preside at all meetings of the Authority and shall be recognized as the chief representative of the Authority. He -The Chair shall keep be kept -informed concerning the financial and -other affairs of the Authority and recommend for consideration all such measures as he - deems shall do all such other things and perform such other duties as shall be required Eby the Authority. In the absence or incapacity of the Chair, all his/her duties, powers, and obligations shall be vested in the Vice -Chair. The Vice -Chaim shall assist the Chairs on an as -needed basis with any such specific duties that the Chair might choose to delegate. ARTICLE XII Duties of the Secretary The Secretary shall keep the minutes and records of all proceedings of the Authority in a bound book or books provided for that purpose and shall preserve all books, papers, writings of all kinds submitted to his/her care during tenure as Secretary; and shall deliver them to his/her successor. Board of Commissioners - August 5, 2024 ITEM: 3 - 1 - 5 Airport Authority By -Laws The Secretary shall be custodian of the seal of the Airport Authority and shall attest and fix said seal to all documents and instruments of the Authority required to be so attested and sealed; and the Secretary shall perform all such other duties as may be required by the Authority. An Assistant Secretary, if so appointed, shall perform the duties of the Secretary in his/her absence. ARTICLE XII-A Duties of the Immediate Past Chairman - The Immediate Past Chairs shall assume the duties, powers, and obligations of any missing or absent Authority officers, including but not limited to the position of the Chairman, in the event the Chairffhm and the Vice Chaim are both absent.. The Immediate Past Chairman shall provide continuitX and support to the current Chairman and other officers. ARTICLE XIII Airport Director The Airport Director shall be a contract employee and shall be the chief executive and administrative officer of the Wilmington International Airport. As such officer, he/she shall report directly to the Airport Authority recommending for adopting such measures as fie deemsdeemed expedient. On behalf of the Authority he/she shall employ (subject to the Authority's approval), supervise, coordinate the work of, discipline and discharge all employees at the Airport. The Airport Director shall have primary responsibility for planning and implementing the development of the Airport. At the direction of the Airport Authority, the Airport Director may perform the duties of Secretary for the Authority. The Airport Director shall act as liaison between the Airport Authority and the general public, news media, all Airport tenants, contractors, Federal Aviation Administration, and 6 Board of Commissioners - August 5, 2024 ITEM: 3 - 1 - 6 Airport Authority By -Laws all other parties, corporations, and government agencies. The Airport Director shall have the authority to establish, implement, modify/change and enforce rules and regulations including but not limited to those affecting vehicular, pedestrian and parking areas he deems deemed necessary for the orderly, efficient and/or safe operation and use of the airport. One of Tthe Deputy Airport Directors shall perform the duties of the Airport Director in his/her absence. ARTICLE XIV Finance Officer The Airport Authority shall appoint a Finance Officer to hold office at the pleasure of the Authority and such Finance Officer shall have the powers and duties prescribed by Chapter 159, Article 3, Part 3, Fiscal Control of the North Carolina General Statutes. An Assistant Finance Officer, if so appointed, shall perform the duties of the Finance Officer in his/her absence. ARTICLE XV Fiscal Year The fiscal year shall commence July 1 and terminate June 30 for each year. ARTICLE XVI Personnel Policy Unless otherwise specifically determined by the Authority, the Authority shall adhere to and abide by the personnel policies of Wilmington International Airport. The policy shall be administered by the Airport Director. 7 Board of Commissioners - August 5, 2024 ITEM: 3 - 1 - 7 Airport Authority By -Laws ARTICLE XVII County Services The Authority shall contract with the County for services as long as they may be needed, but has the right to assume responsibility for those services if the Authority decides it is more efficient to do so. ARTICLE XVIII Lease or Airport Property frtsrsre�s!�. !�r�eee!�r.�rtirr.�ee!s:!�Mma!tisrisx:�!s�!�n New Hanover County"Lessor") executed a lease (the "1989 Lease Agreement",) to the Airport Authority("Lessee"). These By -Laws are consistent with the 1989 Lease Agreement, including all amendments. The lease between Lessor and Lessee shall extend through August 21, 2082, in accordance with the September 7, 2022 Third Lease Amendment to the 1989 Lease Agreement. The provision herein shall remain in full force and effect unless the 1989 Lease Agreement is terminated in accordance with its terms and provisions. The Authority shall develop the Airport property, held under lease from the County, in a manner that will be compatible with the public interest. 8 Board of Commissioners - August 5, 2024 ITEM: 3 - 1 - 8 Airport Authority By -Laws ARTICLE XIX Existing Contracts All existing contracts to which New Hanover County is a party at the time of the effective date of the lease from New Hanover County to the Airport Authority which contracts provide for the use of space, area, improvement or equipment at the Wilmington International Airport shall be honored by the Airport Authority until the expiration of such contracts or until the Airport Authority, as assignee of the County, would no longer be required by law to perform thereunder, whichever occurs first. The Airport Authority, as assignee of the County, acknowledges and respects the rights and responsibilities that the County has in such contracts. ARTICLE XX AmPnrlmPnte These By -Laws may be amended or repealed at any meeting of the Airport Authority by a majority vote of the Airport Authority. The proposed change shall be contained in the agenda for the meeting at which such change is considered by the Airport Authority and any such change or amendment shall be made with the approval of the New Hanover County Board of Commissioners. ARTICLE XXI Severability If any one or more of the sections, clauses, sentences or parts of these By -Laws shall be judged invalid, such judgment shall not affect, impair or invalidate the remaining provisions thereof, but shall not be confined in its operation to the specific provisions held invalid, and the inapplicability or invalidity of any section, clause, sentence or part of these By -Laws in one or Board of Commissigpers - August 5, 2024 ITEM:'3 - 1 - 9 Airport Authority By -Laws more instances or circumstances shall not be taken to affect or prejudice in any way its applicability or validity in any other instance. Approved by the New Hanover County Airport Authority on July 10, 2024. Approved by the New Hanover County Board of Commissioners on August 2024. rfre�srrs. .ees�r.E .. (Attest) Chair 10 Board of Commissioners - August 5, 2024 ITEM: 3 - 1 - 10 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:8/5/2024 Consent DEPARTMENT: County Manager PRESENTER(S): Jordan Smith, NHC County Attorney CONTACT(S): Jordan Smith and Lisa Wurtzbacher, Assistant County Manager SUBJECT: Adoption of Resolution Appointing NHW Healthcare Trustees BRIEF SUMMARY: In February 2021, New Hanover Regional Medical Center (NHRMC) substantially sold all its assets to Novant Health pursuant to the asset purchase agreement dated in October 2020. Following that sale, the legacy NHRMC entity, renamed to NHW Healthcare, had to wind down its operations and new trustees had to be appointed to NHW Healthcare. In February 2021, the Board of Commissioners appointed the new trustees due to their positions within the County; Chris Coudriet as County Manager, Wanda Copley as County Attorney, Julia Olson-Boseman as Board of Commissioner Chair, and Lisa Wurtzbacher as County Chief Financial Officer. The appointees were listed by individual name. Since that time, the Board of Commissioner Chair, County Attorney and Chief Financial Officer has changed. This resolution replaces the trustees with the incumbent in each of the above noted positions and does not note any individual by name, but rather appoints the trustee based on position. STRATEGIC PLAN ALIGNMENT: Good Governance o Effective County Management ■ I ncrease transparency and awareness about county actions RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt resolution. ATTACHMENTS: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend adoption. COMMISSIONERS' ACTIONS: Adopted (5-0) Board of Commissioners - August 5, 2024 ITEM: 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION APPOINTING STAFF AS TRUSTEES OF NHW HEALTHCARE INC. WHEREAS, the New Hanover County Board of Commissioners is responsible for appointing the board of trustees (the "Board of Trustees") of NHW Healthcare Inc., a North Carolina nonprofit corporation; and WHEREAS, the New Hanover County Board of Commissioners desires to appoint new members of the Board of Trustees, to be filled by the individual serving in certain County positions from time to time. NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that the following positions (i.e. the individuals serving in such positions from time to time) be designated as members of the Board of Trustees until his or her successor has been duly selected and qualified or until his or her earlier resignation or removal from such position, and any other current members of the Board of Trustees are hereby removed: • County Manager • County Attorney • County Chief Financial Officer • County Board of Commissioners Chair ADOPTED this the 5th day of August, 2024. NEW HANOVER COUNTY William E. Rivenbark, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - August 5, 2024 ITEM: 4 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:8/5/2024 Regular DEPARTMENT: Health and Human Services PRESENTER(S): Michelle McGrath, HHS Assistant Health Director CONTACT(S): Michelle McGrath, Jonathan Campbell, HHS Health Director SU BJ ECT: Consideration of National Immunization Awareness Month BRIEF SUMMARY: August is National Immunization Awareness Month. Public Health aims to highlight the importance of children and adults staying up to date with recommended vaccines. This practice not only protects individual health but also safeguards the health of our entire community. STRATEGIC PLAN ALIGNMENT: • Community Safety & Well-being o Every resident has access to services that support their physical health and mental well-being. ■ Connect residents to individualized services at the right time with a variety of service providers RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: National Immunization Awareness Month Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend adoption. COMMISSIONERS' ACTIONS: Adopted (5-0) Board of Commissioners - August 5, 2024 ITEM: 5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS f►I_A111[0Ll_14Iul►riIII ilk 1r1_11%000KAi%1.4 ILI1:M1►ri[QLyL:1U.T914W-A1►ri1_%I[Q ZLl WHEREAS, immunizations are among the most significant achievements in public health, saving millions of lives and protecting communities from infectious diseases; and WHEREAS, National Immunization Awareness Month highlights the importance of vaccination for people of all ages, from infants to older adults, to prevent serious illnesses and complications from disease; and WHEREAS, through widespread immunization, we can build immunity within our communities, protecting vulnerable individuals who cannot be vaccinated; and WHEREAS, vaccines are safe, effective, and critical in reducing the spread of contagious diseases such as measles, polio, and respiratory viruses; and WHEREAS, pregnant women are encouraged to receive all the necessary vaccines to protect their own health as well as the health of their infants, as vaccination can protect babies up to six months after birth while they are too young to receive vaccines themselves; and WHEREAS, healthcare professionals and public health officials work tirelessly to promote vaccination and ensure access to vaccines for all, providing a cost-effective way to prevent disease; and WHEREAS, vaccination is a cornerstone of preventive healthcare, empowering individuals to lead healthier lives and reducing the burden on healthcare systems. NOW,THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that August 2024 will be recognized as National Immunization Awareness Month in New Hanover County. ADOPTED this 51h day of August 2024. NEW HANOVER COUNTY William E. Rivenbark, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - August 5, 2024 ITEM: 5 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:8/5/2024 Regular DEPARTMENT: Facilities PRESENTER(S): Sara Warmuth, Chief Facilities Officer; Reinaldo Correa, Management Artist CONTACT(S): Sara Warmuth; Jessica Loeper, Assistant County Manager SU BJ ECT: Consideration of Approval for Public Art at the Government Center BRIEF SUMMARY: Staff is requesting the Board of Commissioners approve the selected artwork for the Government Center per the County's Public Art for Capital Projects Policy. The policy helps to ensure an allocation of 1% of the project construction costs is included for a public art or placemaking component. A solicitation for artists with experience and interest in creating a public art piece to be displayed in the front outdoor plaza at the new Government Center was advertised in spring 2023. Reinaldo Correa Studio was selected by the Public Art Committee based on his expertise, past work, and vision for the potential artwork. After being selected, the artist developed the overall concept and design for the artwork, with the ultimate direction of the Public Art Committee. The proposed artwork, "Tides of Time", displays New Hanover County's living layers and is a testament to the area's rich tapestry of nature, culture, and history. Reinaldo Correa will present this vision and design to the board and, if approved, the local fabrication will begin. A local vendor, Area 51, will fabricate the artwork with oversight from Reinaldo Correa Studio; and then installation in the Government Center plaza is expected by the end of the calendar year. This project is funded within the capital budget allocations for the Government Center site redevelopment, inclusive of the Board of Elections building. The total public art costs are $248,375, which is an overage of approximately $43,000 compared to the budgeted amount. This overage can be absorbed using savings realized from both projects. 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: Approval of selected artwork for the Government Center front plaza as presented by Reinaldo Correa Studio. Board of Commissioners - August 5, 2024 ITEM: 6 ATTACHMENTS: GC Public Art Presentation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved (5-0). Board of Commissioners - August 5, 2024 ITEM: 6 DN 'NOi9NIWflIM I d31N3D iN3WN?J3AO9 DHN t7ZOZ'S'8 -39VJ d3AOD Board of Commissioners - August 5, 2024 ITEM: 6 - 1 - 1 Q z J O U O � L z O O H O V 2 � ? � U 2 O v f11 J z — c O Q o W n 0 `N C o' z R o a E LU m v i 2 N O o R 1O z W r N C +, Z a Q a~ LL Q �LU m> ++ 0 C 0CDO N M • CDO� Uz DN 'NOi9NIWflIM I d31N3D iN3WN?J3AO9 DHN 1N31NOD NOUViN3S3?Jd Board of Commissioners - August 5, 2024 ITEM: 6 - 1 - 2 El 0 • r DN 'NOiDNIVRM 1 d31N3DiN3WN?J3AO9:)HN punoa6�:)e8;si:ay Lo m C� C U y N d X W rn c 0 c 0 0 LM in o O u d 0 a m c N U m � d i 06 atS o Lj a 70 U) V♦ ■ T .�..� U � CL v O c0 � ��� aina Qrr ss93oad an!;eaJZ) Js!uy punoa6>Iue8 }s!}ab' 1 10 Board of Commissioners - August 5, 2024 ITEM: 6 - 1 - 4 0I-10JI'80d Ai AOAA-UAV SO2A punoa6>Iue8 }s!}ab' 1 10 Board of Commissioners - August 5, 2024 ITEM: 6 - 1 - 5 m U) 0 0- 0 L n • CN O 0 0- 2 CL 06 0 0 v U C) C 0 Ln N m DN 'NOiDNIVRM 1 d31N3D iN3WN?J3AO9 :)HN lesodoid IJOmI V :)HN M a) g G ¥ § / 0.0 m m = r e 337 $\'Gas/a'C«% m2° =/G§3£ee�2Ea2 £ _ Cro m E \) E 3 c\ �� co2 2 j R = Q a=_— c o t s§ ®» o» m c " � = 8 = § = .- = 3 = ' * a) 2 £ �I °c).—L) f\/cnw/70) o m/_ 5 0_' r o = ® co 2 O (v a ® c _ M { / 0 ° � S ° /�PE2237\!/=53 \pa =*=®=5�'=�2®co a) = 2 % \ E 6 f ± »: S / ¥ _ § E ° 0cnc-c �.\�\�2f$ £ M- m M a g \ Q E/_ a) %mo��®U)= o �® =7— E 2 z_ 2$= S e\_°$ F \ p o r.g 2=>= m= o // 3 0 2 � R m � e � � _ _ T >,cu � £ / ) E cn >22�s�r�7eECm= P= 0V;E2-5 a)a)\0)0rn K k\ S 2 r\ 3 a 2ƒ£ I I£ Q: £ aN «o oN w m 1 d31N3DiN3VqN63AO9DHN lesodoij$OMPV DHN 3 Board yCommissioners - August %204 ITEM: 6-]-7 w D Q z z w 0 ry Q U 0 z O U N N 7 T E E O U a� L cu r�r^ V/ E a) DN 'NOi9NIWflIM 1 d31N3D 1NIWN?FIAOD DHN lesodoid IJOmTJV DHN ZO PC N SO Board of Commissioners - August 5, 2024 ITEM: 6 - 1 - 8 r- D IQ �1 DN 'NOi9NIWflIM I d31N3D iN3WN?J3AO9 DHN lesodoad �JOM V DHN ZO Board of Commissioners - August 5, 2024 ITEM: 6 - 1 - 9 L Q) t 0 0 E U) L w a 0 c V) L_ N r' M N H Ol I DN 'NOi9NIWflIM 1 d31N3D 1NIWN?FIAOD DHN lesodoid IJOmTJV DHN ZO Board of Commissioners - August 5, 2024 ITEM: 6 - 1 - 10 DN 'NOi9NIWflIM I d31N3D iN3WN?J3AO9 DHN lesodoad �JOM V DHN ZO Board of Commissioners - August 5, 2024 ITEM: 6 - 1 - 11 Ell 7- %ii IJ T „a1r Ir S 6 V%, 1'w Gl 0 0 0 i+ M 14 Q DN 'NOi9NIWflIM 1 d31N3D 1NIWN?FIAOD DHN lesodoid IJOmTJV DHN ZO Board of Commissioners - August 5, 2024 ITEM: 6 - 1 - 13 t'• W E� !G VIP Cv E-11 DN 'NOi9NIWflIM I d31N3D iN3WN?J3AO9 DHN lesodoid IJOmTJV :)HN M Board of Commissioners - August 5, 2024 ITEM: 6 - 1 - 14 N c6 s U 0 m 06 V) w a) c DN 'NOi9NIWflIM 1 d31N3D 1NIWN?FIAOD DHN lesodoid IJOmTJV DHN M Board of Commissioners - August 5, 2024 ITEM: 6 - 1 - 15 Ida mos3IHM SNA3#w aI'VJ. Ia3UVN 23613AI.LN _mw_DO+_• aN «ooNw mlm31NgaiNgmNgn DDHN leso aaa+OmlJV aHN 3 Board of Commissioners - Au gust % 202 ITEM: 6-]-16 O U C- O en O m U s t 0 Z C 0 07 c E Ln 0 M DN 'NOiDNIVRM 1 d31N3D iN3WN?J3AO9 :)HN uoiieaogelloD )g uoisi^ leui3 VO c O L O 0 O U I` O V) c- W c O U L- n (6 IL (6 U O J DN 'NOi9NIWflIM I d31N3D iN3WN?J3AO9 DHN uoiieaogeIIoD )g uoisin Ieui3 tip Board of Commissioners - August 5, 2024 ITEM: 6 - 1 - 20 W I " qt M c E .� v � i •a t F DN 'NOIDNINIIM ?711N]D IN-INNN-IAOD DHN uoi;e3ogello� 7isin leu!J ti0 o • • • •ners - August 5, 2024 0 z 3 J r� 4-:D)N0 NO AIM qhA UO4cJOq2llO3 )R UO!S!A leuA VO ' ,N DN •NOig l M �31�� uoiieaogeiloD g /►i. .. uoiieaogejjoD )g uoisi^ leuY tip 1 N L }� ? �I L 0 cu DN 'NOiDNIVRM I N3lN7lD 1NgWNN-IA0J 2)HN uoi;eaogello5 )g uoisi^ NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:8/5/2024 Regular DEPARTMENT: Finance PRESENTER(S): Eric Credle, Chief Financial Officer; Lisa Wurtzbacher, Assistant County Manager CONTACT(S): Eric Credle and Lisa Wurtzbacher SU BJ ECT: Consideration of Memorandum of Understanding — New Hanover County Schools Emergency Repairs BRIEF SUMMARY: By statute, New Hanover County (the "County") is required to meet the facilities requirements for public schools. U rider normal circumstances, this occurs during the annual budget process, or less frequently through a bond issuance. In the event of an emergency that causes property damage, for example a hurricane, the typical sequence of events is for a public body such as the County or the New Hanover County Public Schools (the "Schools") to pay for repairs and then submit claims to insurance companies or state/federal agencies to reimburse that public body for those costs. This requires an adequate cash reserve and liquidity for the public body to make the payments first, with the reimbursements coming at a later time. In discussions with the Schools staff, it has been noted that the Schools have significantly less available cash reserves than the County and may not have the necessary resources to make up -front payments for repairs in the event of a significant disaster, which could have a considerable impact on education in the County. Accordingly, it is recommended that the County and the Schools enter into a Memorandum of Understanding ("MOU") that would provide for the County assuming responsibility for making repairs and paying the up -front costs in the event that a disaster event causes more than $500,000 in damages, with the County then being entitled to any insurance and/or state/federal reimbursements. Key provisions of the proposed MOU: • Disaster Event defined as one that results in greater than $500,000 in damages, as reasonably estimated and agreed to by the Superintendent of Schools and the County Manager ("Disaster Event"). • I n the case of a Disaster Event, the County assumes primary responsibility for managing and paying the costs for repairs to public school facilities. • The County's responsibility is to restore the facilities to the condition they were in prior to the Disaster Event. • Schools personnel to be provided to County at no cost to assist in managing the repairs. • The County is to be added as a named insured to the Schools casualty insurance policies. • The County is entitled to any insurance and/or state/federal reimbursements related to costs the County incurs in carrying out the MOU. • Five year agreement —can be renewed for additional one year terms. Board of Commissioners - August 5, 2024 ITEM: 7 • County may terminate this MOU at anytime with 30 days notice. • Not -to -Exceed amount is $10 million. In the event that this MOU is triggered, funds would initially be expended from the County's general fund. Staff expects that shortly thereafter, it would be recommended to the Board of Commissioners that the County's Revenue Stabilization Fund be used as a funding source to reimburse the general fund and to assume further costs associated with this MOU thereafter. STRATEGIC PLAN ALIGNMENT: • Good Governance o Effective County Management ■ Deliver quality service at the right time RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve Memorandum of Understanding. ATTACHMENTS: Memorandum of Understanding Staff Presentation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Approve Memorandum of Understanding. COMMISSIONERS' ACTIONS: Approved (5-0). Board of Commissioners - August 5, 2024 ITEM: 7 New Hanover County Contract # 25- STATE OF NORTH CAROLINA MEMORANDUM OF UNDERSTANDING NEW HANOVER COUNTY THIS MEMORANDUM OF UNDERSTANDING made this the day of , 2024 by and between New Hanover County, a political subdivision of the State of North Carolina (the "County"); the New Hanover County Board of Education, a public body organized under the laws of the State of North Carolina, and the New Hanover County Schools District, (collectively, the "Schools"). WITNESSETH: WHEREAS, the Board of Education is the public body that governs the New Hanover County School District, which operates public schools in New Hanover County; and WHEREAS, North Carolina General Statute 115C-408 requires county governments to meet the facilities requirements for public schools; and WHEREAS, emergency situations, including natural disasters occur from time to time in New Hanover County, especially hurricanes, to public school facilities ("Disasters"); and WHEREAS, while the Schools generally manage and fund ongoing maintenance and repairs to public school facilities with funds provided by the County as part of an annual appropriation from the County, in the event of a significant Disaster, the County has more extensive resources available to manage and fund necessary repairs to public school facilities that are damaged in a Disaster on a timely basis. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed upon by the parties, and in further consideration of the covenants and representations contained herein, the parties agree as follows: 1. Disaster Event: The County shall assume primary responsibility for managing and paying the costs for repairs to public school facilities in the event that a Disaster occurs that results in greater than $500,000 in damages, as reasonably estimated and agreed to by the Superintendent of Schools and the County Manager ("Disaster Event"). The County's responsibility for repairing the school facilities shall be to restore them to the condition they were in priorto the Disaster Event and to ensure that school operations continue as efficiently as possible, which may necessitate the need for temporary facilities. 2. Designation of Personnel: The Schools shall identify and provide the County with Schools personnel, to be considered independent contractors, to assist the County in managing the tasks associated with public school repairs related to a Disaster Event. These Schools' personnel shall be made available to the County in such number and for such a period of time as the County may reasonably request at no cost to the County. The Schools' personnel should be generally familiar with state, federal, an insurance reimbursements procedures / requirement(s) and shall follow County procurement guidelines, as necessary. 1 Board of Commissioners - August 5, 2024 ITEM: 7 - 1 - 1 New Hanover County Contract # 25- 3. Contracting. Unless otherwise specifically agreed, the County shall contract work hereunder, with consultation of the Assistant Superintendent of Operations. All work shall fully comply with applicable State and County procurement and Federal guidance for public expenditures and reimbursements, using any required most restrictive laws, rules, and regulations. Any betterments beyond the customary and ordinary restoration/replacement of damaged property to a pre -disaster status shall be the sole cost and expense of Schools. 4. Insurance Reimbursements: The Schools shall take the necessary measures to add the County as an additional insured to its property and casualty insurance policies. To the extent the County funds Disaster Event costs with County funds in upholding its responsibility with North Carolina General Statute 115C-408 and this agreement, the County will be entitled to any applicable insurance reimbursements. At all times, the Schools will take all reasonable actions to maximize the amount of any insurance reimbursement that may be properly claimed. 5. State and Federal Reimbursement: To the extent the County funds Disaster Event costs with County funds in upholding its responsibility with North Carolina General Statute 115C-408 and this agreement, the County will be entitled to any applicable state and federal reimbursements. At all times, the Schools will take all reasonable actions to maximize the amount of any state and federal reimbursements that may be properly claimed. Nothing herein is intended to waive, abrogate, or abandon any claims or rights of the parties hereto to any Federal or State disaster funding or reimbursement. 6. Term of Agreement: The term of this Agreement shall be for five (5) years from the date of the full execution of this Agreement and can be renewed for additional one year terms by documented mutual agreement. 7. Termination or Suspension of Agreement: Either party may terminate this Agreement at any time by giving written notice to the other party of such termination and specifying the effective date thereof at least thirty (30) days before the effective date of such termination. The Schools shall provide County with a financial accounting, as required by County, for all funds received by the Schools and on hand up to the date of termination. 8. Action of County in the Event of Breach of Contract: The County may suspend or terminate this Agreement, in whole or in part, if the Schools materially fails to comply with any material term of this Agreement. 9. Release and Indemnity: To the fullest extent permitted by law, the Schools shall release, indemnify, keep and save harmless the County, its agents, officials, and employees from any and all responsibility or liability for any and all damage or injury of any kind or nature whatever (including death resulting therefrom) to all persons, whether agents, officials or employees of the County, or its persons, and to all property proximately caused by, incident to, resulting from, arising out of, or occurring in connection with, directly or indirectly, the performance or nonperformance of this Agreement by the Schools, the Schools's agents, or contractors, whether such claim may be based in whole or in part upon contract, tort (including negligence or participation in the wrong), or upon any breach of any duty or obligation on the part of the Schools, its agents, officials, and employees. The provisions of this Section shall include any claims for equitable relief or for damages (compensatory or punitive) against the County, its agents, officials, and employees including alleged injury to the business of any claimant and shall include any and all losses, damages, injuries, settlements, judgments, decrees, awards, fines, penalties, claims, costs, and expenses. Expenses as used herein shall include without limitation the costs incurred by the County, its PJ Board of Commissioners - August 5, 2024 ITEM: 7 - 1 - 2 New Hanover County Contract # 25- agents, officials, and employees, in connection with investigating any claim or defending any action and shall also include reasonable attorney's fees by reason of the assertion of any such claim against the County, its agents, officials, or employees. The Schools expressly understands and agrees that any performance bond or insurance protection required by this Agreement, or otherwise provided by the Schools, shall in no way limit the Schools's responsibility to release, indemnify, keep, and save harmless the County as herein provided. 10. Independent Contractor: Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Schools and its employees shall at all times remain an "Independent Contractor" with respect to the services to be performed under this Agreement. The County shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the Schools is an independent contractor. 11. Assignment of Agreement: It is mutually agreed by the parties hereto that this Agreement is not transferable by either party without the written consent of the other party to this Agreement. 12. Non -Waiver of Rights: It is agreed that the 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. 13. Binding Effect: Subject to the specific provisions of this Agreement, this Agreement shall be binding upon and inure to the benefit of and be enforceable by the parties and their respective successors and assigns. 14. Continuing Obligation: The parties will make and execute all further instruments and documents required to carry out the purposes and intent of the agreement. 15. Reference: In this Agreement, use of the masculine includes feminine and neuter, singular includes plural; and captions and headings are inserted for convenience of reference and do not define, describe, extend, or limit the scope of intent of the Agreement. 16. Interpretation: All of the terms and conditions contained herein shall be interpreted in accordance with the laws of the State of North Carolina. In the event of a conflict between the various terms and conditions contained herein or between these terms and other applicable provisions, then the more particular shall prevail over the general and the more stringent or higher standard shall prevail over the less stringent or lower standard. 17. Saving Clause: If any section, subsection, paragraph, sentence, clause, phrase, or portion of this Agreement is for any reason held invalid, unlawful, or unconstitutional by any court of competent jurisdiction, such portion shall be deemed severable and such holding shall not affect the validity of the remaining portions hereof. 18. Amendments: The County may, at its discretion, amend this Agreement to conform with Federal, State, or local governmental guidelines, policies, and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of activities to be undertaken as part of this Agreement, such modifications shall be incorporated only by written amendment signed by both County and the Schools. 19. Non -Appropriation Clause: In the event that appropriations of money to conduct and administer this Agreement are lawfully reduced, terminated or otherwise not available, or it is deemed in the public interest to so reduce or terminate this Agreement, the County, at its 3 Board of Commissioners - August 5, 2024 ITEM: 7 - 1 - 3 New Hanover County Contract # 25- option, has the right to terminate this Agreement upon 30 days' notice. The County shall give the Schools written notice of termination under the provisions of this paragraph immediately upon receipt of actual notice by the County of a reduction or termination of appropriations of money for the scheduled program, or any other necessity to reduce or terminate the Agreement. Following the effective date of such termination the County shall have no further obligation to make any payments and this Agreement shall terminate on the last day of the fiscal year for which appropriations were received without penalty or expense to the County any kind whatsoever. 20. No Presumption: None of the parties shall be considered the drafter of this Agreement or any provision hereof for the purpose of any statute, case law, or rule of interpretation or construction that would or might cause any provision to be construed against the drafter hereof. This Agreement was drafted with substantial input by all parties and their counsel, and no reliance was placed on any representations other than those contained herein. 21. Entire Agreement: This Agreement, including Exhibits attached, which are incorporated herein and made a part hereof, constitutes the entire contract between the parties, and this Agreement shall not be changed except in writing signed by all the parties. 22. Time: Time is of the essence in this Agreement and each and all of its provisions. 23. Counterparts: This Agreement may be executed in several counterparts, including separate counterparts. Each shall be an original, but all of them together constitute the same instrument. 24. Immunity Not Waived: This Agreement is governmental in nature, for the benefit of the public, and is not intended to be for private profit or gain. No party intends to waive its sovereign immunity by reason of this Agreement. 25. Liability of Officers and Agents: No officer, commissioner, member, manager, agent or employee of the County or the Schools shall be subject to any personal liability or accountability by reason of the execution of this Agreement or any other documents related to the transactions contemplated hereby. Such officers, members, managers, agents, or employees shall be deemed to execute such documents in their official capacities only, and not in their individual capacities. This Section shall not relieve any such officer, member, manager, agent, or employee from the performance of any official duty provided by law. 26. Not to Exceed Amount and Source of Funds: Pursuant to state pre -audit requirements, the amount of this contract shall not exceed $10 million. 27. Notice. All communications relating to this Agreement shall be through the parties' representatives. The parties may change representatives by written notice as provided herein. All notices under this Agreement must be in writing and given by certified mail, return receipt requested addressed as follows: If to County: County Manager New Hanover County 230 Government Center Drive, Suite 195 Wilmington, NC 28403 If to the Schools: Superintendent, New Hanover County Schools 6410 Carolina Beach Road Wilmington, NC 28412 C! Board of Commissioners - August 5, 2024 ITEM: 7 - 1 - 4 New Hanover County Contract # 25- IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above mentioned. (SEAL) This instrument has been pre -audited in the manner required by the Local Government Budget and Fiscal Control Act. NEW HANOVER COUNTY M Chris Coudriet, County Manager ATTEST: Kymberleigh G. Crowell, Clerk to the Board APPROVED AS TO FORM: Chief Financial Officer County Attorney STATE OF NORTH CAROLINA COUNTY OF I, , a Notary Public, certify that Kymberleigh G. Crowell acknowledged that she is the Clerk to the Board of Commissioners of New Hanover County, and by the authority duly given and as the act of the Board, the foregoing instrument was signed in its name by its County Manager, sealed with its corporate seal and attested by herself as its Clerk. WITNESS my hand and official seal this the day of , 2024. My commission expires: (SEAL) Notary Public NEW HANOVER COUNTY SCHOOLS BY: Superintendent ATTEST: Title: 5 Board of Commissioners - August 5, 2024 ITEM: 7 - 1 - 5 New Hanover County Contract # 25- This instrument has been pre -audited in the manner required by the Local Government Budget and Fiscal Control Act. APPROVED AS TO FORM: Schools Chief Financial Officer Schools Attorney STATE OF NORTH CAROLINA COUNTY OF I, , a Notary Public, certify that acknowledged that s/he is the to the New Hanover County Schools, and by the authority duly given and as the act of the Board of Education, the foregoing instrument was signed in its name by its Superintendent, sealed with its corporate seal and attested by her/himself as its WITNESS my hand and official seal this the day of 12024. My commission expires: Notary Public Ar Board of Commissioners - August 5, 2024 ITEM: 7 - 1 - 6 New Hanover County Schools Emergency Repairs Consideration of Memorandum of Understanding Eric Credle Chief Financial Officer Lisa Wurtzbacher Assistant County Manager Background • NHC statutorily required to meet facilities requirements for public schools • In the event of property damage, NHC Schools pay for repairs and then submit claims to insurance companies and/or federal/state agencies for reimbursement • Requires an adequate cash reserve to make payment • NHC Schools have lower cash reserves than County • A Memorandum of Understanding (MOU)would provide for the County paying up -front costs in the event of a disaster • Minimize any interruption in education MOU@. Key Provisions • Disaster Event is defined as one that results in over $500,000 in damages • In the case of a Disaster Event, the County assumes responsibility for managing and paying the costs of repairs to restore facilities to condition prior to disaster • NHCS personnel will be provided to County for assistance at no cost MOU: Key Provisions • The County is entitled to any insurance and/or state/federal reimbursements related to the costs incurred in carrying out the MOU • 5-year agreement (can be renewed for additional 1-year terms) • County may terminate this MOU at anytime with 30 days notice • Not -to -Exceed amount is $10 million MOU: Disaster Response Process Disaster Event 1 Estimated repairs to the Schools exceed $500,000 1 MOU is triggered 1 County Assumes Responsibility for Managing Repairs with Schools Staff Assistance 1 County expends funds from General Fund to cover repairs 1 County Revenue Stabilization Fund potentially reimburses General Fund 1 County files claims with insurance companies and/or federal/state agencies 1 County is reimbursed for repairs Risks to County • Staff resources • Inherent risk of claims being denied Request • Approve Memorandum of Understanding (MOU) Questions? NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:8/5/2024 Regular DEPARTMENT: Finance PRESENTER(S): Eric Credle, NHC Chief Financial Officer; Tim Lowe, NHC County Engineer CONTACT(S): Eric Credle and Tim Lowe SU BJ ECT: Consideration of Special Assessment: William Louis Drive — Determination of Costs, Preliminary Assessment Roll, and Establishment of Public Hearing Date BRIEF SUMMARY: In 2021, property owners located on William Louis Drive petitioned the New Hanover County Board of Commissioners (the "Board") to undertake a project to improve a section of William Louis Drive, from Cheryl Lane to Brandy Court, in order to meet the standards of the North Carolina Department of Transportation (NCDOT) so that this section of the road could become a part of the state -maintained system. NCDOT determined the required improvements and agreed to assume responsibility for maintenance once the improvements have been completed. The county is responsible for bidding the project, providing oversight of the improvements, and assessing the benefited parties for the costs of the improvements plus other costs incurred by the county. As provided for in North Carolina General Statute (NCGS) 1S3A-20S(c), before the county may finance all or a portion of the cost of improvements to a subdivision or residential street, it must receive a petition for the improvements signed by at least seventy-five percent (7S%) of the owners of property to be assessed, who must represent at least seventy-five percent (75%) of all the lineal feet of frontage of the lands abutting on the street or portion thereof to be improved. On September 7, 2021, following a staff presentation and a public hearing on the matter, the Board adopted an assessment resolution that included the following provisions: • The county would improve and repair William Louis Drive from Cheryl Lane to Brandy Court, as more specifically set forth in Exhibit A. • One hundred percent (100%) of project costs are to be assessed to the benefitted property owners. • The basis for making the assessment against the benefited properties will be the number of residences and vacant buildable parcels with road frontage and addresses on William Louis Drive, at an equal rate per parcel, as allowed by N CGS 153A-186(a). • The assessment shall be payable in cash, or if any property owner shall so elect, he/she shall have the option of paying the assessment in five (5) equal annual installments, said installments to bear interest at a rate of four percent (4%) which approximates all the costs, including opportunity costs, to administer the installment loans and does not exceed the limits imposed by NCGS 153A-200(a). Following the September 7, 2021 resolution adoption, county staff determined that significant stormwater management improvements and culvert repairs were needed before the road repairs could begin. These costs, all borne by the county's stormwater department, totaled approximately $202,000 and caused significant delays in the work schedule of the road project. Board of Commissioners - August 5, 2024 ITEM: 8 Following the stormwater work completion, the road project was completed in November 2023 and was accepted by the NCDOT into their system on December 5, 2023. The final cost was $75,674.40, which was higher than the NCDOT's original estimate of $47,816 that was provided at the September 7, 2021 Board meeting. With the scope of the project unchanged, staff assesses the higher cost was due primarily to inflation and the natural imprecision of estimates. There are 26 benefited lots, which, based on the total cost of $75,674.40, results in an assessment per lot of $2,910.55. The next steps in the statutory process of special assessments are as follows, all of which are incorporated into the proposed Board Resolution: • The Board confirms the total costs of the project. • The Board directs that a preliminary assessment roll be prepared, which shall be available in the clerk's office and available for public inspection. • The Board shall set the time and place for a public hearing on the roll, which staff recommends be at the September 3, 2024 Board meeting. • At least ten days prior to the hearing, the Board shall publish a notice that the preliminary assessment roll has been completed, which notice shall describe the project in general terms, note that the roll in the clerk's office is available for inspection, and state the time and place for the hearing on the roll. • At least ten days prior to the hearing, the Board shall cause a notice of the hearing to be mailed by first class mail to each owner of property on the roll. Following the public hearing, the Board can annul, modify, or confirm the assessments. Once the final roll and assessment is confirmed, a statutory process for billing and collection will be followed by staff. STRATEGIC PLAN ALIGNMENT: • Good Governance o Effective County Management ■ Increase transparency and awareness about county actions RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt resolution. ATTACHMENTS: Exhibit A - List of Benefited Parcels & Proposed Assessment Amounts Exhibit B - Resolution Staff Presentation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Adopt resolution. Board of Commissioners - August 5, 2024 ITEM: 8 COMMISSIONERS' ACTIONS: Adopted (5-0). Board of Commissioners - August 5, 2024 ITEM: 8 William Louis Drive Assessment Exhibit A Parcel Assessment Amount 4451 WILLIAM LOUIS DR $2,910.55 4453 WILLIAM LOUIS DR $2,910.55 4454 WILLIAM LOUIS DR $2,910.55 4455 WILLIAM LOUIS DR $2,910.55 4456 WILLIAM LOUIS DR $2,910.55 4457 WILLIAM LOUIS DR $2,910.55 4458 WILLIAM LOUIS DR $2,910.55 4459 WILLIAM LOUIS DR $2,910.55 4460 WILLIAM LOUIS DR $2,910.55 4461 WILLIAM LOUIS DR $2,910.55 4462 WILLIAM LOUIS DR $2,910.55 4463 WILLIAM LOUIS DR $2,910.55 4464 WILLIAM LOUIS DR $2,910.55 4465 WILLIAM LOUIS DR $2,910.55 4466 WILLIAM LOUIS DR $2,910.55 4473 WILLIAM LOUIS DR $2,910.55 4474/4476 WILLIAM LOUIS DR $2,910.55 4475 WILLIAM LOUIS DR $2,910.55 4477 WILLIAM LOUIS DR $2,910.55 4478 WILLIAM LOUIS DR $2,910.55 4479 WILLIAM LOUIS DR $2,910.55 4480 WILLIAM LOUIS DR $2,910.55 4481 WILLIAM LOUIS DR $2,910.55 4482 WILLIAM LOUIS DR $2,910.55 4483 WILLIAM LOUIS DR $2,910.55 4484 WILLIAM LOUIS DR $2,910.55 Board of Commissioners - August 5, 2024 ITEM: 8 - 1 - 1 Willam Louis Drive Benefited Parcels a pa. tea.• Or f C m' F 0�C NO'� . c M1 C 4 `04 O m• r 0 C b ro' F d � _ m _ 3 r 0 c ov D C m F ti �l ti b O J g y] 3 'r, n 1 q C y' tr � m Cheryltn C+��ryi LR .- Che"I , Board of Commissioners - August 5, 2024 ITEM: 8 - 1 - 2 A RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHEREAS, on September 7, 2021, in accordance with North Carolina General Statue 153A, the Board of Commissioners (Board) adopted an assessment resolution to improve the residential street Willam Louis Drive to bring the street up to the standards of the North Carolina Department of Transportation with 100% of the costs to be assessed to benefitted property owners, at an equal rate per parcel, and with the option to pay the assessment in five equal annual installments at an interest rate of four percent (4%); and WHEREAS, the aforementioned improvements have been completed at a total cost to New Hanover County of $75,674.40; and WHEREAS, New Hanover County is thereafter statutorily required to prepare a preliminary assessment roll, listing parcels to be assessed, the basis for the assessment, the assessment assessed against each parcel, the owner of the parcel, the proposed payment terms, and a project map showing parcels of record; and WHEREAS, the Board is to set the date for a public hearing to annul, modify or confirm the assessments. NOW THEREFORE BE IT RESOLVED by the New Hanover County Board of Commissioners that: 1. The project's total cost is determined to be $75,674.40. 2. County staff is directed to prepare a preliminary assessment roll and a project map, to mail to each owner a Notice of Hearing, and to prepare and publish all required notices. 3. A public hearing to consider the preliminary assessment roll is set for September 3, 2024 at 4:00 p.m., or thereafter, at the New Hanover County Historic Courthouse, 24 North Third Street, Room 301, in Wilmington, North Carolina, 28401. ADOPTED this the 5th day of August, 2024. NEW HANOVER COUNTY William E. Rivenbark, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - August 5, 2024 ITEM: 8 - 2 - 1 Special Assessment — William Louis Drive Road Improvements Determination of Costs, Preliminary Assessment Roll, & Establishment of Public Hearing Date Eric Credle Chief Financial Officer Tim Lowe County Engineer Project Description August 2021 Property Owner Petition William Louis Drive from Cheryl Lane to Brandy Court • Orphan Road • "1275 linear feet • Bring road up to NC Department of Transportation standards • NCDOT assumes maintenance once improvements were completed • Petition of at least 75% of property owners and linear feet received Nort has./. _ Olsen Park Kirk�an Blue Clay Murrayrilk Farms Wrightsbom Rh Baysho eek Park - n Ogden ark qo Highfsville © Q e tl ' Wilmington — IntemaHonal :�••Wlia Louis ❑r I d. M' a n Art Mlisel,l'.t raaa�.ar x,r�s Google Benefited Properties �Lhtam fouls or ��reira i.. I Wr!liarn L ouis Ar I . William Louis Dr -- ., u+s br I � • �Cf � SPrirr9 Vie � a`N D W Dr SPA SArirry View pr Project Description September 2021 Board Resolution 1. County agreed to make necessary improvements 2. 100% of project costs to be assessed to benefited property owners 3. Assessment basis —Parcels with road frontage on William Louis Drive 4. Assessment can be paid in 5 installments with 4% interest rate Project Description Project Timeline Stormwater issues requiring repair identified • Total cost to county/stormwater fund of $202,000 • Delayed completion of project Project completed in November 2023 Road Accepted by NC — DOT on 12/5/2023 Stormwater Improvements WE." NEW HANOVER COUNTY I the model of good governance Mgovxom Slide 7 Estimated Project Cost Original total estimated cost ($47,816 + costs incurred by county) Lots to be assessed Estimated assessment per parcel Final Actual Cost Lots to be assessed Assessment per lot $50,000.00 W $1,923.08 $75,674.40 26 $2,910.55 Project Assessment Parcel Assessment Amount 4451 WILLIAM LOUIS DR $2,910.55 4453 WILLIAM LOUIS DR $2,910.55 4454 WILLIAM LOUIS DR $2,910.55 4455 WILLIAM LOUIS DR $2,910.55 4456 WILLIAM LOUIS DR $2,910.55 4457 WILLIAM LOUIS DR $2,910.55 4458 WILLIAM LOUIS DR $2,910.55 4459 WILLIAM LOUIS DR $2,910.55 4460 WILLIAM LOUIS DR $2,910.55 4461 WILLIAM LOUIS DR $2,910.55 4462 WILLIAM LOUIS DR $2,910.55 4463 WILLIAM LOUIS DR $2,910.55 4464 WILLIAM LOUIS DR $2,910.55 4465 WILLIAM LOUIS DR $2,910.55 4466 WILLIAM LOUIS DR $2,910.55 4473 WILLIAM LOUIS DR $2,910.55 4474/4476 WILLIAM LOUIS DR $2,910.55 4475 WILLIAM LOUIS DR $2,910.55 4477 WILLIAM LOUIS DR $2,910.55 4478 WILLIAM LOUIS DR $2,910.55 4479 WILLIAM LOUIS DR $2,910.55 4480 WILLIAM LOUIS DR $2,910.55 4481 WILLIAM LOUIS DR $2,910.55 4482 WILLIAM LOUIS DR $2,910.55 4483 WILLIAM LOUIS DR $2,910.55 4484 WILLIAM LOUIS DR $2,910.55 Next Steps August 5 Adopt Resolution • Determination of Cost: $75,674.40 • Prepare & Mail Assessment Roll • Publish All Required Notices • Set Date of Public Hearing: September 3, 2024 Next Steps September 3 Hold Public Hearing Confirm Assessment Roll & Amount NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:8/5/2024 Regular DEPARTMENT: Planning PRESENTER(S): Rebekah Roth, Director of Planning& Land Use CONTACT(S): Rebekah Roth SU BJ ECT: Public Hearing Request by New Hanover County Planning & Land Use to amend the 2016 Comprehensive Land Use Plan to incorporate updated guidance for the development of the Western Bank of the Cape Fear and Northeast Cape Fear Rivers BRIEF SUMMARY: In recent years, parcels along the Western Bank of the Cape Fear and Northeast Cape Fear Rivers have been the subject of two major development proposals, both of which were met with sizable community concern about the impact of future development in this area. Since the adoption of the 2016 Comprehensive Land Use Plan (Comprehensive Plan), new information about increased flood risks has emerged, raising questions about the future land use of these properties. In response, the Board of Commissioners (Commissioners) and staff have conducted a series of work sessions and a planning study of the area to establish a direction for refining the Comprehensive Plan's vision and identifying the steps necessary to support it. Currently, the Comprehensive Plan classifies this area as Urban Mixed Use, the County's highest intensity place type or land development pattern, and the Commissioners have directed staff to change this classification to reduce potential risks and public costs associated with future development. The proposed plan amendment consists of several components, including a new place type with associated recommended uses and development intensities designed specifically for the Western Bank properties; an update to the Future Land Use map to apply that place type; and implementation guidelines to guide future initiatives and regulations. Additionally, the amendment includes existing conditions information and guidelines for resiliency features that supplement and expand on the place type recommendations and will be added to the plan as an appendix. The amendment does not in itself modify the use permissions or development standards for any of the Western Bank properties. Instead, the proposed plan amendment has three primary goals: (1) articulating the County's vision for future development in this area so that property owners and the community have a common understanding; (2) outlining key considerations for land use on the Western Bank for use in making decisions about development regulation, project applications, and community investments; and (3) identifying the future conditions that would trigger a reconsideration of these policies. Amending the plan would be the first step in adjusting the current policies and provisions for land use in this area, as the Comprehensive Plan is the guiding policy that informs implementation strategies, such as changes to development regulations, modifications of zoning, government programs, and capital project funding. An initial draft of the amendment was released for public comments on Friday, June 7, 2024. All comments provided by noon on June 28, 2024 were considered by staff as the amendment was revised ahead of Planning Board consideration. During the three-week public comment period, staff were sent 2,543 public comment emails. Board of Commissioners - August 5, 2024 ITEM: 9 The majority of the emails were sent via an Action Alert portal used by a number of local organizations and advocacy groups. Staff also received 165 unique emails. Almost all commenters are opposed to potential development of the Western Bank, citing concerns related to flooding, the impact on downtown Wilmington and area historic and cultural resources, and the long-term costs and implications for the public. Staff received a handful of comments supportive of potential development in the area, with some expressing concerns that the amendment's recommendations on uses and building height would limit such development. In response to the public comments, the Conservation place type has been extended to publicly owned property and to the edge of the rivers where CAMA Areas of Environmental Concern (AECs) are most likely to be located, the proposed new place type has been renamed Low -Intensity Riverfront, additional context is provided, and residential uses have been removed from the recommended mix of uses for the area. Themes and concerns from the comments are summarized in the attached Public Comment Response document, along with staff responses to how they were considered in preparation of the Planning Board Public Hearing draft of the amendment, which can be found here. The Planning Board considered this item at the July 11, 2024 meeting and voted (3-1) to not recommend approval of the amendment, requesting more work be done to develop a master plan and vision for the area, perform a market analysis, and establish the zoning criteria that will be used to implement the plan policies. Planning Board members Hansen Matthews and Kevin Hine were not able to attend the meeting, and Chair Jeff Petroff was recused from this item due to his past work on a development in this area. Board member Clark Hipp dissented, indicating that he was generally supportive of the current draft of the amendment, though he did have concerns about the limitations on height. STRATEGIC PLAN ALIGNMENT: • Sustainable Land Use & Environmental Stewardship o Natural areas and critical environmental features are enhanced and protected. ■ Ensure development compliments natural features. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends approval and suggests the following motion (please refer to the script included in the packet): I move to APPROVE the proposed Western Bank Amendment to the 2016 Comprehensive Plan. I find it CONSISTENT with the purposes and intent of the plan because it includes provisions to support the plan's goals of promoting fiscally responsible growth, conserving and enhancing our unique sense of place, promoting place -based economic development, promoting environmentally responsible growth, and conserving environmentally critical areas. I also find APPROVAL of the proposed amendment is reasonable and in the public interest because it clarifies for readers of the plan the environmental constraints on the property in this unique area and the minimum public expectations for development related to project resiliency, public costs, and impacts to other properties, including downtown Wilmington and the U.S.S. Battleship. ATTACHMENTS: Script - Western Bank Board of Commissioners - August 5, 2024 ITEM: 9 Staff Report - Western Bank Summary Sheet - Western Bank BOC Draft Amendment - Western Bank Inset Map - Proposed Future Land Use Map Response to Public Comments - Western Bank Public Comments - Public Comment Period Public Comments -After Public Comment Period Public Comments -After Planning Board Meeting Staff Presentation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Voted (5-0) to continue the item and directed staff to revise the amendment. Board of Commissioners - August 5, 2024 ITEM: 9 SCRIPT for Comprehensive Plan Update Western Bank Amendment Public Hearing Request by New Hanover County Planning & Land Use to amend the 2016 Comprehensive Land Use Plan to incorporate updated guidance for the development of the Western Bank of the Cape Fear and Northeast Cape Fear Rivers This is a public hearing. We will hear a presentation from staff. Then any supporters and any opponents will each be allowed 15 minutes for their presentation. Staff will be allowed to respond to questions and concerns before opponents have an additional 5 minutes for rebuttal. 1. 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) 2. Close the public hearing. 3. Board discussion 4. 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 APPROVE the proposed Western Bank Amendment to the 2016 Comprehensive Plan. I find it CONSISTENT with the purposes and intent of the plan because it includes provisions to support the plan's goals of promoting fiscally responsible growth, conserving and enhancing our unique sense of place, promoting place -based economic development, promoting environmentally responsible growth, and conserving environmentally critical areas. I also find APPROVAL of the proposed amendment is reasonable and in the public interest because it clarifies for readers of the plan the environmental constraints on the property in this unique area and the minimum public expectations for development related to project resiliency, public costs, and impacts to other properties, including downtown Wilmington and the U.S.S. Battleship. Alternative Motion for Approval/Denial: I move to [Approve/Deny] the proposed amendment to the New Hanover County 2016 Comprehensive Plan. I find it to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] I also find [Approval/Denial] of the proposed amendment is reasonable and in the public interest because [insert reasons] Board of Commissioners - August 5, 2024 ITEM: 9 - 1 - 1 Board of Commissioners - August 5, 2024 ITEM: 9 - 1 - 2 STAFF REPORT FOR WESTERN BANK COMPREHENSIVE PLAN AMENDMENT APPLICATION SUMMARY Case Name: Western Bank Comprehensive Plan Amendment Request: To amend the 2016 Comprehensive Plan to incorporate updated guidance for the development of the Western Bank of the Cape Fear and Northeast Cape Fear Rivers Applicant: Subject Document: New Hanover County 2016 Comprehensive Plan Purpose & Intent In recent years, parcels along the Western Bank of the Cape Fear and Northeast Cape Fear Rivers have been the subject of two major development proposals. These requests were met by sizable community concern related to the impact of future development in this area. Changing conditions and new research have raised questions about the future land use for properties on the Western Bank, leading to a series of public work sessions and a planning study of the area to establish a direction for refining the 2016 Comprehensive Plan's vision and identifying the steps necessary to support it. Purposes include: • Implementing the recommendations of the Western Bank Study presented to the Board of Commissioners in October 2023 regarding the use, form, and scale of any potential development • Replacing the current Urban Mixed Use place type classification for Western Bank parcels with policies specific to this riverfront area with its unique location, environmental hazards, and history • Identifying implementation strategies that would mitigate flooding risk in this area • Articulating the environmental constraints on the properties that could impact future development and land use for landowners, developers, and community residents BACKGROUND Due to its proximity to the Cape Fear and Northeast Cape Fear Rivers, the Western Bank across from downtown Wilmington has long been an important cultural and economic hub with a history of rice production, rice milling, industrial warehousing and storage, ship building, and ship repair. Today, when someone looks across the river from downtown Wilmington, they may see a lot of marsh land. These marshes do not include all of the Western Bank, however, and are not the focus of this amendment. The majority of the policies under consideration would apply to the small number of land parcels within New Hanover County's jurisdiction (roughly 91 acres total), most of which are current or former industrial sites, excepting the U.S.S. Battleship North Carolina. When the 2016 Comprehensive Plan was adopted, it incorporated recommendations for this area that sought to transform it from former industrial sites to a revitalized mirror of downtown Wilmington. That vision was established in the late 1990s and early 2000s and resulted in the Board of Commissioners - August 5, 2024 ITEM: 9 - 2 - 1 development of a Riverfront Mixed Use zoning district designed specifically for the area after months of work from both County and City staff and several public meetings. As a result, this area was classified as Urban Mixed Use in the 2016 Plan, the highest intensity place type or development pattern outlined. In recent years, parcels along the Western Bank of the Cape Fear River have been the subject of two major development proposals. These requests were met by sizable community concern related to the impact of future development in this area. Changing conditions and new research have raised questions about the future land use for properties on the Western Bank, leading to a series of public work sessions and a planning study of the area to establish a direction for refining the 2016 Comprehensive Plan's vision and identifying the steps necessary to support it. The planning study, the Western Bank Study, was presented to the Board of Commissioners in October 2023 and included staff recommendations to amend the Comprehensive Plan to: - Refine the current Urban Mixed Use place type to include policies specific to this riverfront area. Staff initially anticipated establishing a riverfront development tier —the guidelines for use, intensity, form, landscaping, public amenities/open space, and regulatory review —that was in line with those established in the Riverfront Mixed Use district mentioned above. The intent was to clarify expectations for what development that mirrored downtown Wilmington would actually look like given the very different land conditions and to outline any limits on public investment. - Identify implementation strategies related to development agreements and brownfields programs that would mitigate the risk in this area regardless of development intensity. - Articulate the environmental constraints on the properties that could impact future development and land use so they are as clear as possible to landowners, developers, and community residents. - Outline monitoring studies and trigger points for reconsideration of policies and standards to allow the County to adapt to changing conditions while still clarifying expectations for stakeholders. Board discussion after the presentation brought up concerns that the Riverfront Mixed Use district provisions may not be sufficient at mitigating public risk or the impact on downtown Wilmington. However, Commissioners indicated the continued understanding that as long as properties on the Western Bank remain private property, the County must allow for their reasonable use in a way that provides value for the private property owners. As a result, the Commissioners directed staff to proceed with further developing the recommended amendment outside of the full Comprehensive Plan update so it could be considered before that project's completion in late 2025. As outlined in the Western Bank Study, the first step to adjusting the current policies and provisions for land use in this area is to amend the plan, as the Comprehensive Plan is the guiding policy document that informs implementation strategies, such as changes to development regulations, modifications of zoning, government programs, and capital project funding. This amendment does not in itself modify the use permissions or development standards for any of the Western Bank properties. Instead, the proposed plan amendment has three primary goals: (1) articulating the County's vision for future development in this area so that property owners and the community have a common understanding; (2) outlining key considerations for land use in the Western Bank for use in making decisions about development regulations, project applications, and community investments; and (3) identifying the future conditions that would trigger a reconsideration of these policies. 2 Board of Commissioners - August 5, 2024 ITEM: 9 - 2 - 2 The plan amendment is comprised of several components, including a new place type, with associated recommended uses and development intensities, designated specifically for the Western Bank properties; an update of the Future Land Use map to apply that place type; and implementation guidelines to guide future initiatives and regulations. In addition, the amendment will include existing conditions information and guidelines for resiliency features that supplement and expand on the place type recommendations and will be added to the plan as an appendix. These plan components are shaped by community input but also take into account land use legal parameters, the practical realities of financing and maintaining development and its required infrastructure, and the role this plan plays under the requirements of the Coastal Area Management Act (CAMA). • Community Input: During the public review process of the text amendment and rezoning request in 2021 that were some of the initial triggers for reconsideration of current land use policy for the Western Bank area, Planning staff received public comments that were almost exclusively opposed to higher intensity development of these properties and its visual impact on downtown Wilmington. The City of Wilmington planning staff have continued to receive public input through the public engagement process for their Greater Downtown Plan that reiterate the community comments received by County planning staff of a desire for little to no development of the Western Bank parcels. In addition, a variety of community stakeholders provided information both during public comment and during the Western Bank work sessions held in 2022 on their concerns regarding the impact of development on natural resources, the long-term impacts of development in areas susceptible to frequent saltwater flooding, the safety of future residents and property owners, and the dedication of public resources to maintain and protect the substantial public and private investments that would be necessary to support development in this area, given the increasing frequency of flood events. The majority of comments received during the public comment period for the initial draft of this amendment reiterated many of these concerns. • Legal Parameters: While the Comprehensive Plan should clearly outline the community's vision for future development, substantial legal parameters around land use shape those policies as well. For instance, constitutional protections apply to the impact of potential regulations on the use of private property, state land use enabling authorities for local government constrain how policies might be implemented (e.g., local building code requirements that would apply additional regulations to construction techniques in flood hazard areas are not allowed), and a variety of state and federal environmental regulations, not in local control, apply to many of the concerns voiced by citizens and other stakeholders. What this means is that Comprehensive Plan policies that do not include land uses that could provide reasonable value for private land owners or that call for regulatory requirements beyond local authority would not be able to be implemented and could provide a false sense of understanding for document readers. • Practical Realities: Any development in this area does face practical constraints, regardless of the regulatory implications posed by the Comprehensive Plan. The cost for new development in the area would likely be substantial regardless of its scale, would likely require financing, which would consider long-term risks, and would be subject to insurance requirements posed by private institutions. New development would also require additional investments in infrastructure; while costs for this infrastructure could be shifted to the private developer under current policies, it would be maintained by public entities. In addition, 3 Board of Commissioners - August 5, 2024 ITEM: 9 - 2 - 3 private property owners have historically looked to government for assistance in protecting their properties in the face of natural hazards. Efforts to limit public risks by shifting them to the private sector do have implications as well. Property owners expect some use of their land, and that use is shaped by the difficulty imposed by regulatory and financing constraints. The likely result of current permissions and potential land use policies is the continuation of existing industrial uses or the lowest cost/highest value land uses allowed per ordinance, regardless of visual impact or contribution to stated goals for this area, such as activation of the space. • CAMA Requirements: The 2016 Comprehensive Plan also serves as the CAMA plan for New Hanover County. As such, in addition to the usual Comprehensive Plan policy guidance, the plan also includes regulatory components for areas such as the Western Bank where Areas of Environmental Concern (AECs) are located. New development and public infrastructure projects can be impacted by Comprehensive Plan policies in ways that development in other parts of the county might not be. Public Comment Period On Friday, June 7, 2024 an initial draft of the amendment was released for public comments. All comments provided by noon on June 28 were considered by staff as the amendment was revised in preparation for Planning Board consideration at their July 1 1, 2024 meeting. During the three- week public comment period, staff was sent 2,543 public comment emails. The majority of the emails were sent via an Action Alert portal used by a number of local organizations and advocacy groups. They were requesting that all the land on the Western Bank be conserved based on both a desire for greenspace in this area as well as concerns related to ongoing flooding, potential public costs, and the environmental impact, especially on Eagles Island and Point Peter. Staff also received 165 unique emails, most of which were also opposed to any development, though we have received a handful supportive of potential development in the area, some of which stated concerns that the amendment's recommendations regarding uses and building height would limit that. In response to public comments, the Conservation place type was extended to publicly owned property and to the edge of the rivers were CAMA Areas of Environmental Concern (AECs) are most likely to be located, the proposed new place type was re -named Low -Intensity Riverfront, additional context was provided, and residential uses were removed from the recommended mix of uses for the area. Themes and concerns from the comments are summarized in the attached Public Comment Response document, along with staff responses to how they were considered in preparation of the Planning Board Public Hearing draft of the amendment. Amendment Components The amendment is comprised of three primary components—(1) a new appendix outlining the context behind the amendment, existing conditions, and the resiliency components necessary for any future development; (2) an update of the Future Land Use Map, which establishes a new place type and extends the Conservation place type to all publicly -owned properties; and (3) implementation strategies tied to specific Comprehensive Plan goals that outline future staff activities and initiatives. Western Bank Appendix 0 Board of Commissioners - August 5, 2024 ITEM: 9 - 2 - 4 Over the course of the past several years, a series of reports and documents have been developed outlining information on the current conditions, environmental constraints and hazards, cultural resources, and regulatory considerations for the Western Bank area. A summary of the key findings of this work and the context behind the amendment are described in "A Closer Look at the Western Bank (2024)" and an existing conditions map, which would be included as an appendix to the plan. In addition, new Resiliency Components are outlined for the Western Bank area that are intended to be used in conjunction with the place type recommendations outlined below. Some of these components include considerations for infrastructure, flood proofing of buildings, and additional engineering certifications needed to ensure projects would not be detrimental to other properties. Future Land Use Plan Update The proposed amendment includes a new place type specifically designed for the Western Bank properties. It outlines a vision for the Western Bank area intended to complement downtown Wilmington, activate the space, reduce public risk given current and anticipated flooding, protect natural resources, and allow property owners to use their private property. The uses encouraged in the place type include those that are less susceptible to flooding and provide a public benefit, such as recreational and civic uses. Commercial and temporary uses are also provided for, but this draft of the amendment does remove the mixed use component requested by the Planning Board during an early concept discussion. In consideration of many of the comments received during the public comment period and further conversation with County management, staff is uncertain that the risk for residents would be able to be mitigated even with the additional resiliency components outlined in the amendment. In addition, guidelines on form are included so that structures are complementary to the historic architecture of downtown Wilmington and no taller than the highest point of the U.S.S. North Carolina (1 20 ft. according to current available data). Projects within the National Register Historic District are recommended to be at the lower end of the height and intensity range outlined. A new place type, which has been renamed Low -Intensity Riverfront to better reflect it's intent, is applied to all of the privately owned properties currently designated as Urban Mixed Use that front the Cape Fear and/or Northeast Cape Fear Rivers located between the Isabel Holmes Bridge and Cape Fear Memorial Bridge within New Hanover County's planning jurisdiction. This includes parcels to the west of the Thomas Rhodes Bridge. One parcel located north of Isabel Holmes Bridge, which does not front the river, had also been designated as Urban Mixed Use in 2016. Rather than leave it as the only Urban Mixed Use designation west of the Northeast Cape Fear River, staff is proposing that it be reclassified as Commerce Zone —the place type designation applied to the majority of the Hwy 421 corridor. This would mean that future residential development would no longer be encouraged on the parcel, which is currently the site of a gas station and convenience store. The impacts of the future U-5731 (Isabel Holmes Bridge Flyover) transportation project would make residential development of the site less likely. In addition, during the public comment period, staff received a large number of public comments requesting that the entire area be classified as Conservation. This place type is intended to protect the natural environment, water quality, and wildlife habitats, but it also places limits on development that may be in conflict with local governments' constraints on prohibiting the use of private property by their owners. Staff would not recommend that this place type be applied to properties under private ownership, but Conservation has been extended to publicly owned parcels and along the riverfront where Coastal Area Management Act (CAMA) Areas of Environmental Concern are likely to be located. 5 Board of Commissioners - August 5, 2024 ITEM: 9 - 2 - 5 Implementation Guidelines A key recommendation of the Western Bank Study was that the County would need to do more than modify the Future Land Use Map for this area to address changing conditions and implement desired public elements. As a result, new implementation strategies have been outlined to direct future staff initiatives, including: • Consideration of a riverfront-specific zoning district or districts that would: o Allow for uses less disrupted by frequent flooding and that would ensure structures were resilient to existing hazards, o Support public spaces and establish building design requirements to complement downtown Wilmington's historic district and the Battleship, o Limit public infrastructure investment and environmental impacts and reduce risk for any potential residents; • Coordination with CFPUA to shift the cost burden for infrastructure maintenance from the public to the private sector where utilities are not currently in place and flood risk is increasing; • Consideration of long-term public infrastructure maintenance costs when making decisions regarding new development; • Consideration of investments in greenways, blueways (identified paths for kayaks and canoes), and trails along the Western Bank; • Exploration of establishing a brownfields program to reduce the impacts of past Western Bank industrial uses on water quality as not all of the properties in this area participate in the state program; • Initiation of a study to monitor water and salinity levels on the Western Bank to inform when adjustments to policies and standards should be made. PROPOSED AMENDMENT The proposed amendment is attached, with language new to the 2016 Comprehensive Plan in red underlined text. The attached draft incorporates all revisions to the amendment made in response to comments received during the public comment period. PLANNING BOARD RECOMMENDATION The Planning Board considered this item at their July 11, 2024 meeting, and the board voted (3- 1) to not recommend approval of the amendment, requesting more work be done to develop a master plan and vision for the area, perform a market analysis, and establish the zoning criteria that will be used to implement the plan policies. Planning Board members Hansen Matthews and 0 Board of Commissioners - August 5, 2024 ITEM: 9 - 2 - 6 Kevin Hine were not able to attend the meeting, and Chair Jeff Petroff was recused from this item due to his past work on development in this area. Board member Clark Hipp dissented, indicating that he was generally supportive of the current draft of the amendment, though he did have concerns about the limitations on height. STAFF RECOMMENDATION Staff recommends approval and suggests the following motion: I move to APPROVE the proposed Western Bank Amendment to the 2016 Comprehensive Plan. I find it CONSISTENT with the purposes and intent of the plan because it includes provisions to support the plan's goals of promoting fiscally responsible growth, conserving and enhancing our unique sense of place, promoting place -based economic development, promoting environmentally responsible growth, and conserving environmentally critical areas. I also find APPROVAL of the proposed amendment is reasonable and in the public interest because it clarifies for readers of the plan the environmental constraints on the property in this unique area and the minimum public expectations for development related to project resiliency, public costs, and impacts to other properties, including downtown Wilmington and the U.S.S. Battleship. 7 Board of Commissioners - August 5, 2024 ITEM: 9 - 2 - 7 Western Bank (Board of Commissioners Public Hearing Draft) 2016 Comprehensive Plan Amendment Location in Plan Chapter 4: Visualizing the Future Chapter 5: Building the Future Appendix Purpose R RIVER HAVE BEEN THE SUBJECT OF TWO _E COMMUNITY CONCERN RELATED TO THE IMPACT OF FUTURE DEVELOPMENT IN THIS AREA ... UHANGING CONDITIONS AND NEW RESEARCH HAVE RAISED QUESTIONS ABOUT THE FUTURE LAND USE FOR PROPERTIES ON THE WESTERN BANK, LEADING TO A SERIES OF PUBLIC WORK SESSIONS AND A PLANNING STUDY OF THE AREA TO ESTABLISH A DIRECTION FOR REFINING THE 2016 COMPREHENSIVE PLAN'S VISION ... AND IDENTIFYING THE STEPS... NECESSARY TO SUPPORT IT. From "A Closer Look at the Western Bank" on p. 1 • To implement the recommendations of the Western Bank Study presented to the Board of Commissioners in October 2023 regarding the use, form, and scale of any potential development given concerns related to flood risk, impact of adjacent properties, view from downtown Wilmington, and long-term public costs. • To replace the current Urban Mixed Use place type classification for Western Bank parcels with policies specific to this riverfront area with its unique location, environmental hazards, and history. • To identify implementation strategies that would mitigate flooding risk in this area. • To articulate the environmental constraints on the properties that could impact future development and land use for landowners, developers, and community residents. nmr-%nn cn +- c • Over the course of the past several years, a series of reports and documents have been developed outlining information on the current conditions, environmental constraints and hazards, cultural resources, and regulatory considerations for the Western Bank area. A summary of the key findings of this work and the context behind the amendment are described in "A Closer Look at the Western Bank (2024)" and an existing conditions map, which would be included as an appendix to the plan. (See p. 1-2) While the goal of the plan amendment is to encourage low impact uses and public purposes, the majority of properties in the Western Bank area are privately owned so County development regulations cannot prohibit their reasonable use. As a result, a new place type that encourages more limited development was created to replace the existing Urban Mixed Use designation for those private properties, and the Conservation place type has been extended to publicly -owned property and areas where Coastal Area Management Act (CAMA) Areas of Environmental Concern are most likely to be located. (Seep. 5-6) The new Low -Intensity Riverfront place type is proposed to be applied to privately owned parcels specifically within the Western Bank area of New Hanover County. It is designed to only encourage uses that complement downtown Wilmington; result in fewer residents and less traffic and impervious surfaces than possible across the river; activate the space; reduce public risk to flooding; protect natural resources; and allow owners to use their private property. The primary focus is on recreational and civic uses and keeping the U.S.S. Battleship the focal point of the viewshed. (See p. 5 and 7) Commercial development would be allowed in the Low -Intensity Riverfront place type so private property owners can make reasonable use of their property, but guidelines are provided for the design of those developments to address concerns related to increased flooding, the public costs associated with extension of public infrastructure, impacts on other properties, and the viewshed included in the National Register Historic District that covers much of the area. Those parameters are outlined in the cutsheet for the place type and in a new section on Western Bank Resiliency Components. Some of these components include considerations for infrastructure, building elevation, and additional engineering certifications. (See p. 3 and 7) • A key recommendation of the Western Bank Study was that the County would need to do more than modify the Future Land Use Map for this area to address changing conditions and implement desired public elements. As a result, new implementation strategies have been outlined to direct future staff initiatives, including: o Consideration of a rive rfront-specific zoning district or districts that would: • Allow for uses less disrupted by frequent flooding and that would ensure structures were resilient to existing hazards (See p. 8) Support public spaces and establish building design requirements to complement downtown Wilmington's historic district and the Battleship (See p. 10) ■ Limit public infrastructure investment and environmental impacts and reduce risk for any potential residents (See p. 13) o Coordination with CFPUA to shift the cost burden for infrastructure maintenance from the public to the private sector where utilities are not currently in place and flood risk is increasing (See p. 9) o Consideration of long-term public infrastructure maintenance costs when making decisions regarding new development (p. 9) o Consideration of investments in greenways, blueways, and trails along the Western Bank (p. 11) o Exploration of establishing a brownfields program to reduce the impacts of past Western Bank industrial uses on water quality as not all of the properties in this area currently participate in the state program (p. 8) o Initiation of a study to monitor water and salinity levels on the Western Bank to inform when adjustments to policies and standards should be made (p. 9) Board of Commissioners - August 5, 2024 ITEM: 9 - 3 - 1 2024-08 BOARD OF COMMISSIONERS PUBLIC HEARING DRAFT A CLOSER LOOK AT THE WESTERN BANK (2024 In recent years, parcels along the Western Bank of the Cape Fear River have been the subject of two major development proposals. These requests were met by sizable community concern related to the impact of future development on the character of downtown, natural and cultural resources, and the long-term sustainability of the community. Changing conditions and new research has have raised concerns about the future land use for properties on the Western Bank, leading to a series of public work sessions and a planning study of the area in order to establish a direction for refining the 2016 Comprehensive Plan's vision, which classified the parcels as Urban Mixed Use, and identifying the steps —through regulations, programs, and investments —necessary to support it. This part of New Hanover County is unique due to its highly visible location across from downtown Wilmington, compound flooding concerns from its position at the junction of two rivers and rising tide levels, the ecology of Eagles Island (which is located primarily in Brunswick County), and its industrial past. While high quality private development is the usual mechanism for redeveloping environmentally contaminated properties, current county policies and regulations are not designed to address potential long-term fiscal and community impacts of new investment in highly floodprone areas. Recommendations for future development in this area may be reconsidered if the rate of flooding - changes significantly, new development occurs, or properties currently in private ownership are conserved or dedicated for a public purpose. Currently, land on the Western Bank is zoned primarily for commercial and industrial uses, though many of the parcels are currently vacant. Exceptions include a construction operation and the Old Wilmington Shipyard on the Northern Bank and the U.S.S. North Carolina site on Eagles Island. It is likely that the vacant parcels would qualify as brownfields based on information known about past uses, and at least two parcels are already enrolled in the state brownfields program. While the desire for the Western Bank properties varies by stakeholder, there has been general agreement that the condition of these properties should not remain industrial brownfields. The County's general planning approach aims to balance allowing reasonable uses for properties with site -specific practical constraints on development and the impact of function and form on the community as a whole. In response, a new place type, Low -Intensity Riverfront, was added to the 2016 Comprehensive Plan and applied to privately owned parcels in this area, and the Conservation place type was extended to publicly owned parcels and areas where Coastal Area Management Act (CAMA) Areas of Environmental Concern were most likely to exist. In addition, new implementation strategies were identified as part of the amendment adding this appendix to the Plan. The Low -Intensity Riverfront place type, outlined in Chapter 4, works in conjunction with the provisions in this appendix and emphasizes public purposes and uses that complement downtown Wilmington, activate the space, reduce public risk given current and anticipated flooding, protect natural resources, and allow owners to use their private property. It removed the 2016 designation of this land as Urban Mixed Use, the most intensive development pattern outlined for the unincorporated county, which was intended to reflect the development pattern of downtown Wilmington but that did not reflect the area's sensitivety to flooding and infrastructure constraints. In addition, this appendix was added to the Comprehensive Plan to clearly articulate critical existing conditions and resiliency considerations that should be incorporated into any future development or land use planned for this area. ITEM: 9 - 4 - 1 2024-08 BOARD OF COMMISSIONERS PUBLIC HEARING DRAFT 2 Zs 1: : IF y-+ 1 y#bfrdrri Sk r� � MamettSt l.' � i BWdttS St i • • . 1kurrswkk 5t Q � s 'A Hlflc"er St s Camp � `1 C:Mss y+alnut St Grace Sk .......... ... .. Chstmlsk a ,-,. l 55 i _ -• I, •�• � NorEh Carolina Battleship hdarW St S tax Carolina Rd Dock St ,• ..... orwge * p .r_M�~•` ..-._N10. „ — atilt• .. •.ate, --...,,, �.. -- ,, N+- - �� ,. — ..,.---`t#�.� •� 1 l3un 5t Access roads Exceptional Wetlands Areas Susoeptible to Sunny Dail Flooding Approximate Primary Nursery Areas National Register Historic district Board of Com ITEM: 9 - 4 - 2 Western Bank Exisiting Conditions lVew Hanover County, NC a N 0.1 0.2 0.3 0.4 0.5 ■ Miles 2024-08 BOARD OF COMMISSIONERS PUBLIC HEARING DRAFT WESTERN BANK - RESILIENCY COMPONENT i While many areas of New Hanover County are vulnerable to flooding. the Western Bank is unique as it is subject to regular sunny day saltwater flooding. is comprised of land with lower elevations than in many other places adjacent to the Cape Fear and Northeast Cape Fear Rivers, is impacted by flooding caused by up -stream rain events, and is not protected by hardened features, such as bulkheads, which may not be allowable by current state regulations. As a result, additional resiliency features should be provided for all develop- ment in this area, some of which are outlined here. Requirements for additional studies, such as No Adverse Impact certifications, may be necessary for new buildings. The extension of CFPUA water and sewer utilities to these properties would need to be carefully considered and may require additional review and maintenance agreements, and extensions to jurisdictions outside of New Hanover County are discouraged. ROADWAYS The roadways leading to the Western Bank parcels are NC - DOT roadways, but private developers would be responsible for upgrades necessary for their projects. To ensure adequate emergency access to structures, roadways and project drives should be elevated a minimum of 2 ft. over current base flood elevation and be designed to facilitate safe vehicle travel and accessibility. More stringent requirements may be required by NCDOT or fire services. WATER & SEWER UTILITIES Water and sewer lines, as well as pump stations and other critical infrastructure, should be elevated in accordance with regulatory requirements and resiliency best practices. Prior to approving water and sewer utility designs, CFPUA can re- search, develop, and publish updated Technical Guidance for areas such as the Western Bank where frequent and extreme flooding occurs. That guidance would include cross connec- tion and backflow prevention regulatory requirements and best practices to prvent contamination of the water supply from riverwater and sewage overflow during flooding events. ELECTRICAL & COMMUNICATION LINES It is preferred that, when feasible, utility lines should be buried in waterproof conduits to reduce the risk of damage from flood- waters and wind. If utilities poles must be used, they should be made of materials resistant to corrosion and water damage, such as treated wood, fiberglass, or steel. missioners - Al ITEM: 9 - 4 - 3 2024-08 BOARD OF COMMISSIONERS PUBLIC HEARING DRAFT 4 IGa,v geia of Stone -Lined Sw.I OveAlow IO�erflow5pllwry) Optional Geot.tIle (-Only) nBIORE7EN71pN SOIL :� OUTFLOW GRAVEL BED L _ Optlonzl Underdraln ELEVATION & FLOODPROOFING OF STRUCTURES Buildinas and other structures should be desianed to reduce the potential impacts of flood events, through elevation or other types of floodproofing. Elevating foundations is generally recommended, though as floating structures and other innova- tive designs are piloted in other floodprone locations and found to be successful, additional options may be identified. FLOOD -RESISTANT MATERIALS & DESIGN Because of the frequency of saltwater flooding in this area, any structures and site amenities should be constructed with materials that are less susceptible to water damage and corro- sion, such as stainless steel, concrete, and composite decking. Buildings will be required to be designed with flood openings, vents, or other features that will allow water to enter and exit the structure freely during flooding events, reducing the risk of structural damage. STORMWATER TREATMENT Due to floodina concerns and space constraints in this area stormwater filtration systems have generally been proposed to meet state water quality requirements. To address the impacts of stormwater on adjacent properties, an engineering analy- sis and No -Rise Certification should be reauired for anv new development LANDSCAPING Landscaped features to help mitigate the effects of saltwater flooding should be incporated, such as planting salt -tolerant plants between structures and the riverbank to help absorb floodwaters and stablize the soil. Some salt -tolerant trees, shrubs, and ground covers appropriate to New Hanover Coun- ty include live oaks, southern magnolias, dwarf yaupon hollies, wax myrtles, liriope, and sea oats. Plants should be monitored for signs of salt damage, such as leaf burn or stunted growth. Alternate landscaping materials may be approved for compli- ance with brownfield agreements. missioners - AL ITEM: 9 - 4 - 4 2024-08 BOARD OF COMMISSIONERS PUBLIC HEARING DRAFT Low -Intensity Riverfront This place type is specific to the privately owned properties within New Hanover County fronting the western side of the Cape Fear and Northeast Cape Fear Rivers across from downtown Wilmington, bound by the Cape Fear Memorial Bridge and the Isabel Holmes Bridge. This area's industrial past, environmental sensitivities, and high visibility make it unique. A portion of it is also included in the National Register Historic District that covers downtown Wilmington, though most of the land is currently vacant or used for industrial purposes. Development in this area would be challenging due to environmental regulations and infrastructure limitations, and the area is seeing more frequent flooding due to tidal influences, rising water levels, and higher levels of precipitation both locally and up -river. This place type emphasizes public purposes and uses that contribute to the viewshed of downtown Wilmington: result in less traffic, impervious surfaces, and residents than what is possible across the river: activate the space: reduce public risk given current and anticipated flooding: protect natural resources: and allow owners to use their private property. Uses that are less susceptible to flooding impacts and that provide a public benefit, such as recreational and civic uses are encouraged. Commercial and temporary uses, such as warehousing water -related businesses as recommended in the 2022 Economic Mobility Report, and outdoor event spaces, that are less likely to put people at risk are also envisioned. Any structures should be designed both for resiliency and to be complementary to downtown Wilmington. Structures within the National Register Historic District should be on the lower end of the recommended height range and all buildings are envisioned to be no taller than the highest point on the U.S.S. North Carolina so it remains the focal point of the viewshed. The following goals from Chapter 3: Framing the Policy will be promoted within the Low -Intensity Riverfront place type: • Support business success. • Promote fiscally responsible growth. • Conserve and enhance our unique sense of place to attract individuals, companies, and organizations. • Promote place -based economic development in the region that is tied to our natural resources. • Promote environmentally responsible growth. • Conserve environmentally critical areas. ITEM: 9 - 4 - 5 2024-08 BOARD OF COMMISSIONERS PUBLIC HEARING DRAFT 6 Future Land Use Map New Hanover County, NC `"T— N Luther �t�a .o i Kip9 JrPkyk 'T a princess Place Dr m Us HWi y 74176 0 ° dRa Dawson St v � City of Wilmington Ai 7(` D/P 111r Dr Wrightsville Pie 7P Brunswick a r�, County Shipyard 5XV 10 m A zcae �� St `o a m o 90 4. S Carolina ( Beach N A Pender County Wrightsville Beach A t l a n t i c Ocean Place Types - COMMERCE ZONE - COMMUNITY MIXED USE - CONSERVATION - LOW -INTENSITY RIVERFRONT - EMPLOYMENT CENTER - GENERAL RESIDENTIAL - RURAL RESIDENTIAL - URBAN MIXED USE 0 0.5 1 2 3 4 5 Miles Board of Com Issloners - , ITEM: 9 - 4 - 6 2024-08 BOARD OF COMMISSIONERS PUBLIC HEARING DRAFT 7 Ek DEFINITION This placetype features low -impact and intensity land uses that contribute to the viewshed of downtown Wilmington, activate the space, reduce public risk to flooding. protect natural resources, and allow owners to use their private properties. Uses less susceptible to flooding impacts and that provide a public benefit. such as recreational and civic uses, like museums, are encouraged. Commercial and temporary uses less likely to put people at risk DESIRED USES f Tvaes of Uses / Projects Recreational Civic/Institutional Temporary Commercial DEVELOPMENT INTENSITY are also envisioned. Any esidennial uses should be Structures should be designed for resiliency and be complementary to downtown Wilmington. Buildings should be no taller than the highest point on the U.S.S. North Carolina so it remains the focal point of the viewshed. ♦ Mix of Uses National Register Historic District - Buildings in this part of the Western Number of Ideal Inten- Bank area should be on the lower end �i5e Stories* " of the height and intensity range due to Recreational 1-3 Low existing trends related to flooding and to ensure the USS Battleship remains the visual focal point of the area. Civic —5 Low/Moderate Institutional Northern Bank Outside of National Commercial 11=5 Low/Moderate Ree ister Historic District - Structures in this area may be on the higher end of the recommended height and density ranges. *Including structured parking MODE CHOICES • Transportation Infrastructure EXAMPLE AREAS Western Bank ♦ Zoning Categories Riverfront-Specific N Planned Development Urban Design Architecture: Architectural features in line with new construction in downtown Wilmington with primary face to the river Resiliency Components: See Western Bank appendix Setbacks: Away from river and natural resources Pedestrian Amenities. Greenways &multi -use paths Public spaces along river Greenways & multi -use path Roads resilient to current & Ferry,water taxi, and Pedestrian river crossinas ® future flood risk � Greenways & multi -use paths private boat access ^� ■ ■ ( 0 Bicycle river crossings missloners - Hugusi o, ITEM: 9 - 4 - 7 2024-08 BOARD OF COMMISSIONERS PUBLIC HEARING DRAFT ..Support Desired Outcome: A vibrant economy for New Hanover County based on business success Implementation Strategies Implementation Guidelines A. Streamline permitting process for targeted LA. 1 Encourage target industries in Employment Centers, industries. Commerce Zones, and Growth Nodes. B. Advocate for and develop a realistic and Guidelines are not part of this strategy. sustainable incentive policy for New Hanover County. C. Align county zoning ordinances to /.C. I Develop performance controls to address odor, noise, lighting, encourage targeted business in and other impacts on surrounding uses. appropriate areas. LC.2 Develop strategies for encouraging office, retail, and other light intensity nonresidential uses within existing residential areas to provide community level service. L C.3 Consider a riverfront-specific zoning district or districts for the Western Bank area that will allow for uses that would be less disrupted ,by frequent flooding and ensure any structures are resilient to existing hazards. D. Increase communications with small LD. 1 Explore updating existingzoningregulations to assistin business by creating a resource link on the streamlining the commercialreviewprocess. county webpage for new business and an ongoing process to shepherd new businesses through the development process. E. Support provisions for providing public Guidelines are not part of this strategy. free, high-speed internet access throughout New Hanover County. missioners - Al ITEM: 9 - 4 - 8 2024-08 BOARD OF COMMISSIONERS PUBLIC HEARING DRAFT ..responsible Desired Outcome: Growth patterns that achieve efficient provisions ofservices and equitable distribution of costs between the public and private sector. Implementation Strategies Implementation Guidelines A. Coordinate infrastructure from a /.A.1 Encourage target industries in Employment Centers, Commerce regional perspective including water, Zones, and Growth Nodes. sewer, and transportation. //•A.2 Provide connectivity between transportation modes, ingrowth nodes outlined on the Future Land Use Map, and within new development where practical. ///.A.3 Ensure all traffic calming devices andgated areas accommodate emergency service delivery and interconnectivity. ///.A.4 Encourage street connections to adjoining undeveloped property and connect existing streets to improve accessibility and safety to development sites. ///.A.5 Coordinate with CFPUA to ensure that water and sewer Infrastructure is designed and constructed by any development following best practices for resiliency in a low -leg flood zone, such as the Western Bank area. This will shift the cost burden from life -cycle maintenance expenses bypublic utility to private development whose initial capital Investment in resilient infrastructure will reduce unnecessary maintenance and emergency response due to the risk of frequent and extreme flood events. ///.A. 6 Consider long-term public infrastructure maintenance costs as well as installation costs when making decisions regarding new development. B. Coordinate regional facilities such as ///•B.1 Encourage the development of educationa/facilitiesand community colleges and workforce transportation infrastructure In Employment Centers and Commerce Zones training as they support targeted as identified on the Future Land Use Map. industries (as identified in County approved Economic Development strategies). C. Encourage infill development on vacant /AC.1 Encourage a mixture of uses that create opportunities for shared or blighted pieces of existing parking and setback requirements to serve the overall community. communities by providing incentives such as grants, but not limited to; density bonuses, and/or a reduction of parking requirements and/or setbacks. D. Encourage the redevelopment of single /AD.1 Encourage incremental transformation of single uses into uses into mixed -use developments compatible mixed use centers that are compatible with the surrounding where appropriate. neighborhoods. E. Encourage redevelopment of aging ///.E.1 Encourage revitalization and redevelopment of blighted infill sites corridors to support and strengthen into compatible mixed uses that enhance nearby residential areas through adjacent neighborhoods. incentives such as density bonuses, shared parking, and/or innovative buffering. F. Encourage development where existing /AF.1 Encourage increased density in Urban Mixed Use areas within close infrastructure is available. proximity of City of Wilmington jurisdiction and Growth Nodes as identified on the Future Land Use Map (Porters Neck/Kirkland, Monkeyjunctlon, and 1-4011-140 Interchange) in an effort to create densities that can support future infrastructure. l!1AN NHC 2016 ITEM: 9 - 4 - 9 2024-08 BOARD OF COMMISSIONERS PUBLIC HEARING DRAFT 10 ..l VI: Conserve and enhance our uniqueof place to attract individuals,companies, .. Desired Outcome: Enhance our reputation as a desirable community to live and operate a business based on New Hanover County's rich history, natural environments, and unique features. Implementation Strategies Implementation Guidelines A. Focus on the public spaces and Vl.A.1 Encourage the development ofpublic shorefront access areas opportunities for formal and informal and boat access areas that do not adverse/yaffect estuarine resources social gathering places. Increase, or public trust waters. enhance, and manage public access to water and natural resources. V/.A.2 Encourage the development ofpub/icspaces in mixed use developments through public, private partnerships. V/.A.3 Allow uses of estuarine and public trust waters that provide benefits to the public and satisfy riparian access needs ofprivate property owners while encouraging shared boating facilities instead of individual boating docks. Vl.A.4 Consider including Form Based Code elements in development regulations to enhance or create community focal points. Vl.A.5 Consider a rlverfront-spec//Zc zoning district or districts for the Western Bank area that will support public spaces and establish building design requirements to complement downtown Wilmin g ton'5 historic district and the Battleshlo. B. Consider creating a strong place -based Guidelines are not a part of this strategy. economic development strategy. C. Make a case for sustainable funding Guidelines are not a part of this strategy. sources to improve the County's economic development infrastructure and identify opportunities to leverage the funds effectively. D. Encourage conservation and enhancement Vl.D.1 Update New Hanover County inventory ofhistoricplaces. of the unique environment, character and history of the county. V1.D.2 Encourage preservation and conservation of historic sites identified in the county'shistoric sites survey Vl. D.3 Encourage preserving the character of the area's residential neighborhoods and quality of life by supporting development that is consistent with adopted Small Area Plans and enhances existing land uses. Vl. D.4 Consider a riverfront-specifi'c zoning district or districts for the Western Bank area that will su,Qport public spaces and establish building design requirements to contribute to the viewshed of downtown Wilmington'5 historic district and the BattleshW. missioners - Huc ITEM: 9 - 4 - 16 2024-08 BOARD OF COMMISSIONERS PUBLIC HEARING DRAFT 11 Goal Vil: Promote place -based economic development in the region that is tied to our natural resources. Desired Outcome: Coordinate economic development efforts with New Hanover County's natural bio-diverse region and unique features. Implementation Strategies Implementation Guidelines A. Create and promote a network of VII.A.1 Identify the environmental assets and locations where greenways, blueways, and trails greenways, blueways, public access, and trails would enhance highlighting environmental assets. economic development while not diminishing the resource. VII.A.2 Provide for the protection and development ofpublic shorefront and boat access areas. VII.A.3 Consider invest/ gin reg enways blueways and trails along the Western Bank and connecting to Wilmington and Brunswick County. B. Coordinate and partner with various Guidelines are not part of this strategy. agencies to develop future public water access points. C. Revitalize waterfront parks and public Guidelines are not part of this strategy. spaces to encourage opportunities for formal and informal social gatherings. D. Preserve, conserve, and/or maintain VII.D.1 Development or expansion ofmarinas (asdefined herein) in coastal infrastructure features including primary nursery areas, outstanding resource waters, or open she// natural and man-made; which are critical fishing waters may occur when the following conditions exist - to our quality of life, economy, and coastal There exists previouslypermitted channel which was environment. constructed or maintained under permits issued by the State or Federal Government. lfa natural channel was In use, or lfa human -made channel was constructed before permitting was necessary, there shall be clear evidence that the channel was continuously used for a specific purpose, and • Excavated material can be removed and place in an approved disposal area without significantly impacting adjacent nursery areas and beds ofsubmerged aquatic vegetation,, and • The original depth and width of human -made channel or natural channel will not be increased to allow a new or expanded use of the channel. VII.D.2 Develop guidelines and standards for community boating facilities and other water dependent uses through updated ordinances. (Marina: Any publicly or privately owned dock, basin, or wet storage facility constructed to accommodate more than 10 boats and providing any of the following services: permanent or transient docking spaces, dry storage fueling facilities, haul out facilities, or repair services. Excluded from this definition are boat ramp facilities that allow access only, temporary docking that includes none of the previous listed services, and community boating facilities.) ITEM: 9 - 4 - 11 2024-08 BOARD OF COMMISSIONERS PUBLIC HEARING DRAFT 12 ..responsible Desired Outcome: Development that accommodates population growth while minimizing negative impacts on natural resources. Implementation Strategies Implementation Guidelines A. Promote a mixture of uses where /X.A.1 Encourage mixed use development that rewards appropriate in an effort to cluster development practices which exceed minimum standards. development and minimize impacts on /X.A.2 Establish open space criteria that encourages preservation of natural resources. natural areas, buffers, trees, and wildlife habitats, while working in harmony with the built environment. /X.A.3 As part of the development ordinance, include mixed use districtguidelines that achieve the intent of the Community and Urban Mixed Use place types and are consistent with City of Wilmington districts. B. Adopt and implement a green /X.B.1 Encourage best management practices that enhance development infrastructure plan that identifies a and minimize adverse environmental impacts of the built environment network of natural lands and open spaces /X.B.2 Use incentives to create flexibleguidelines as well as outreach and and provides ecosystem conservation as education to encourage the use of native vegetation in landscaping and well as alternative transportation modes discourage invasive species. through trails and greenways. /X.B.3 Identify and promote access opportunities to existing open space and incentivize these spaces for active and passive recreation. IX, B.4 To enhance recreation, conservation, and transportation Infrastructure, consider prioritizing connections of open space, parks, and greenways as identified in the Parks Master Plan. C. Partner with regional governmental /.C.1 Provide opportunities to legally transfer density and impervious agencies and nongovernmental surfaces out of areas where exceptional resources maybe impacted. organizations to acquire and protect /,C.2 Encourage the use of best management practices through environmentally sensitive land (e.g. education and incentives to protect environmentallysensitive areas. establish a regional land bank). /X. C.3 Continue promotion of New Hanover County as a 'no discharge zone" and promote the Clean Marina Program /X. C.4 Prohibit floating home development where pump out facilities or sewer connections are not available in order to protect public trust and estuarine areas and to minimize risk of loss to persons and property. /X.C.5 Explore establishing a brownfi'elds program to reduce the impacts ofpast Western Bank industrial uses on water quality due to more frequent instances of flooding. D. Strengthen and direct development /X.D.1 Encourage incremental inclusion of mixed uses into areas that are toward existing communities through single use dominated where the uses are compatible with the encouraging infill and redevelopment. surrounding neighborhoods. /X.D.2 Encourage infill development to maximize use ofpreviously developed sites for highest and best use. missioners - Huc ITEM: 9 - 4 - 12 2024-08 BOARD OF COMMISSIONERS PUBLIC HEARING DRAFT 13 .. l X: Conserve environmentally critical areas Desired Outcome: Utilize environmentally critical areas for outdoor recreation, healthy watersheds, and maintenance of critical habitats. Implementation Strategies Implementation Guidelines A. Partner with governmental and X.A.1 Encourage developmentpatterns thatpreserve natural areas, buffers, nongovernmental organizations to and significant trees. acquire and protect environmentally X.A.2 Ensure the protection andpreservation of undeveloped barrier and sensitive areas. estuarine system islands bypurchase or dedication in order to restrict development, support research, and encourage passive recreation as their primary uses. B. Discourage development in wetlands, X.B.1 Encourage connection to public water and sewer in environmentally floodplain, and other flood prone sensitive areas to minimize potential contamination from failing septic areas. systems. X.B.2 Encourage lower density development and/or alternatives to development (i.e., acquisition through clean water trust funds and grants) in ocean erodible areas, inlet hazard areas, high hazard flood areas, coastal and federally regulated wetlands. X.B.3 Encourage lower density development and/or alternatives to development (i.e., acquisition through clean water trust funds and grants), and minimal impervious surface coverage within the 100 year floodplain (1916 annual chance floodplain). The followingapplies- • Development projects maybe allowed within the floodplain where adverse impacts to the estuarine system can be shown to be negligible. • Low intensity uses on a site, such as open space and passive recreation, maybe appropriate in the floodplain. • Projects should comply with hierarchical principles of impact avoidance, minimization, and mitigation for unavoidable impacts. • Evaluate the need to develop standards for protection of environmentally significant areas during development and redevelopment. X.B.4 Encourage preservation of existing natural wetlands and constructed wetlands as a stormwater mitigation technique where practical. X. B.5 Encourage preservation of existing natural buffer areas for conservation resources to preserve their natural functions. X.B.6 Incentivize, through the developmentprocess, the use of Best Management Practices such as L ow Impact Development where possible to ensure environmentally critical areas are conserved. X.B.7 Encourage the use of native vegetation in landscaping. X. B.8 Consider a riverfront-specific zoning district or districts for the Western Bank area that will limit public infrastructure investment and environmental impacts and that reduces risk for any potential residents. X. B.9 Initiate a study to monitor water and salinity leveis on the Western Bank to inform when adjustments to policies and standards should be made. C. Educate the public on the value of Guidelines are not part of this strategy. protecting ecosystems. PLAN NHC 2016 Board of Commissioners - August 5, 2024 ITEM: 9 - 4 - 13 0.5 Miles �i \4,nC� Low -Intensity Riverfront Conservation Commerce Zone W Q CIS C_+ Market St St -� Wooster St a Dawson St Board of Commissioners - August 5, 2024 ITEM: 9 - 5 - 1 Western Bank Amendment — Response to Public Comments On Friday, June 7, 2024 an initial draft of an amendment to the 2016 Comprehensive Plan regarding future land use on the Western Bank properties in New Hanover County across from downtown Wilmington was released for public comments. All comments provided by noon on June 28 were considered by staff as the amendment was revised in preparation for Planning Board consideration at their July 11, 2024 meeting. During the three-week public comment period, staff was sent 2,543 public comment emails. The majority of the emails were sent via an Action Alert portal used by a number of local organizations and advocacy groups. Staff also received 165 unique email comments. Themes and concerns from comments are summarized below, along with staff responses to how they were considered in preparation of the Planning Board Public Hearing Draft of the amendment. A number of the unique public comments and Action The entire Western Bank area is highly visible to travelers along the Cape Fear Memorial, Alert comments that included additional statements Isabel Holmes, and Thomas Rhodes Bridges, as well as to residents and visitors of downtown indicated that there are questions regarding the Wilmington. Not all of this area is actually in New Hanover County, though —the majority of purpose behind the amendment and why it is being what people see of Eagles Island is actually in Brunswick County —and is not the focus of this considered. Some commenters seemed to amendment. While some marsh areas are included in the Western Bank area in New Hanover misunderstand that the amendment was intended to County, they are generally publicly owned. The focus of this amendment is the small number allow for more intensive development and for the of land parcels in private ownership that are currently zoned for Regional Business, Industrial, development of marsh lands and portions of Eagles or Mixed Use development (approximately 90 acres). Island not in New Hanover County. This amendment is proposed because over the past several years, the Board of Commissioners and staff have been conducting a series of studies in response to new information and research indicating that the Western Bank area of New Hanover County is more susceptible to flooding than was known at the time the 2016 Comprehensive Plan was adopted. The plan currently classifies this area as Urban Mixed Use, our highest intensity place type or land development pattern, and the Commissioners have directed staff to change this classification to reduce potential risks and public costs related to future development. This amendment would be the first step in also modifying the regulations that currently apply to these properties, which currently allow for a wide variety of intensive uses, to reduce potential risk to hazards and long-term public impacts. The substance of those regulations has not been fully determined, but the provisions in the Comprehensive Plan would be used to inform that work. The updated amendment draft includes additional language to clarify the intent of the amendment, the reasons behind it, and the properties to which new recommendations apply. See the amendment's Summary Sheet for more information. The Action Alert comments and two-thirds of the While the goal of the plan amendment is to encourage low impact uses and public purposes, unique public comments directly request that the the majority of properties in the Western Bank area are privately owned so County Western Bank properties not be allowed to develop. development regulations cannot prohibit their reasonable use. The Conservation place type The Action Alert comments request that the properties is intended to protect the natural environment, water quality, and wildlife habitats, but it also be classified as Conservation rather than creating a places limits on development that may be in conflict with local governments' constitutional new place type. constraints on prohibiting the use of private property by their owners. Staff would not recommend that this place type be applied to properties under private ownership, but Conservation has been extended to publicly owned parcels and along the riverfront where Coastal Area Management Act (CAMA) Areas of Environmental Concern are likely to be located. Because the recommended place type is new and has not been applied to properties previously, staff was able to modify it to address many of the concerns expressed by commentors, which are further outlined below. In addition, the place type is suggested to be re -named Low -Intensity Riverfront, as it strongly emphasizes public purposes and uses, with recreation and civic uses making up the majority of the recommended use mix. This designation would allow for the types of park and educational purposes supported by many public commenters. The majority of public comments highlighted concerns These concerns are one of the primary reasons whythe County Commissioners have directed regarding increasing compound flooding risk, how that staff to modify the policies for the Western Bank. Over the past several years, Commissioners might be impacted by future development, the long and staff have received large amounts of information from community stakeholders related term public costs, and consistency with the stated to increasing nuisance flooding in this area and how those trends are projected to impact goals of the floodplain management program. properties in the coming years. The County has a long-standing floodplain management program, with standards beyond the minimum required for participation in the FEMA flood insurance program to address ongoing resiliency. These standards are based on FEMA guidance, which though it aims to prevent flood damage as referenced in purpose statements included in Article 9 of the Unified Development Ordinance, are bound by the same constitutional limits described above, which constrain government from prohibiting use of private property. The initial draft of the amendment included recommendations that any buildings in this area meet requirements above and beyond what is currently required in the County ordinances. Language has been added to clarify the intent of these provisions and an additional No Adverse Impact certification is referenced in response to a public comment that provided information on its use in Brevard, NC. Board of Commissioners - August 5, 2024 ITEM: 9 - 6 - 1 What We Heard Response and Impact to the Planning Board Public Hearing Draft The majority of public comments also expressed It is important to note that some of the private properties in the Western Bank area impacted concern regardingthe impact of potential development by this amendment are currently used for industrial or commercial purposes, and other on the area's ecology and environmental resources, privately -owned parcels were previously used for intensive uses. What people see on these cultural and historic resources, and downtown properties is not pristine environment —it is the result of properties becoming overgrown by Wilmington viewshed. Many commenters also vegetation, which is covering likely brownfields. While the state indicates that two of the expressed a desire for the entire Western Bank, properties are participating in the brownfields program, most of the land parcels have not including the properties located in Brunswick County, been cleaned up and known plans are not in place to do so. to be conserved as natural space to protect those resources, allow for educational opportunities, and The desires voiced by commenters were the basis for many of the guidelines for this area in provide economic value to downtown Wilmington as the initial public comment draft. As described above, there are limits on local governments' green space. ability to prohibit the use of private property, so provisions are in place to serve as guardrails for what is expected if private development or uses occur. These include recommendations for building height and architecture. As a result of the public comments, these recommendations have been modified to more closely align with height recommendations for riverfront uses in the City of Wilmington. Less height is recommended for parcels within the National Register Historic District so the U.S.S. Battleship remains the focal point for the viewshed. A number of public comments referenced concerns Additional clarifying language has been added to reference concerns related to fiscal related to the traffic and fiscal impacts of potential impacts. Staff does not anticipate a large traffic impact due to the types of lower intensity development in this area as well as a desire for uses encouraged in the new place type and considered the limitations on transportation recreational uses and bicycle and pedestrian infrastructure in this area during the development of the Western Bank Report, which has connectivity. influenced the recommendations in the proposed amendment. An emphasis on recreational uses is one of the primary recommendations for the Low - Intensity Riverfront place type. Language referencing requested connections to greenway, trail, and blueway networks in Wilmington and Brunswick County has been added. A handful of comments indicated a desire for It is not the intent of this amendment to prohibit the reasonable use of private property, and development on the Western Bank, and a couple any riverfront-specific zoning districts recommended by the amendment would have to expressed concern that the recommended guidelines, consider those impacts. However, this amendment is intended to set guardrails for what any especially regarding height and use, would limit the new uses or buildings would have to consider due to flood risks, public investments and cost, developability of private properties. Concerns were and desired community character. The current Urban Mixed Use place type outlined for this also voiced that properties with contamination due to area indicates to property owners that the County desires more intensive development, past industrial uses may not be able to be cleaned up if resulting in a large amount of private investment in proposals that may encounter hurdles late private development were stymied, as that is the usual in the development process. This amendment seeks to clarify expectations for land owners mechanism for environmental restoration. and potential developers and to identify County programs that could mitigate existing contamination concerns generally addressed by private developers. No changes to the initial amendment were made in response to these comments beyond the addition of some clarifying language. Board of Commissioners - August 5, 2024 ITEM: 9 - 6 - 2 Public Comments (Submitted during the public comment period) 2,543 emails were sent during the public comment period Links Full Emails Received Spreadsheet of Emails Sent but Not Received by Staff during the public comment period Board of Commissioners - August 5, 2024 ITEM: 9 - 7 - 1 Public Comments (Submitted after the public comment period) Link to Compiled Comments Action Alert Portal - 300 Other Opposition - 14 Neutral - 1 In Support - 2 Board of Commissioners - August 5, 2024 ITEM: 9 - 8 - 1 From: BW To: Charlie Rivenbark; Zaoole. Rob; Barfield. Jonathan; Scalise, Dane; Pierce LeAnn Cc: Roth. Rebekah Subject: Comments regarding today"s agenda item - Western Bank Amendment Date: Monday, July 22, 2024 11:27:34 AM Attachments: BPW-WestBankPresentationRevl.Ddf ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Dear Honorable Commissioners, I am Brayton Willis, a retired Senior Project Managerforthe U.S. Army Corps of Engineers. Over the course of my career, I've been involved in various flood fighting and flood risk mitigation efforts both in the United States and internationally. I understand that time for public comments during your meeting is limited. Therefore, I've prepared and attached a brief presentation outlining my insights and observations on the challenges and opportunities for the potential development options for the West Bank of the Cape Fear River. I believe that these insights could be valuable in creating a plan for implementing low -impact, park -like development in the area. Sincerely, Brayton Willis Board of Commissioners - August 5, 2024 ITEM: 9 - 9 - 1 LL o f- pz zQw oo> H w I— U p p w w O V1 H O Q J V) > LL V) w O J w cr w ir V � J Z Q Q LL �m aF-z W V) F-1 U w Z 3 � O p U O Q O O w t- Q w _.1 w i i H z H Q J a O 0 0 J LL N L co � i � U co C c: (a O vi U N LL N -0 > U Ca O cn � co (!j CA � CO L C) U) O aU-+ fn (a cc Q� cc O -0 •� � to co c > O _(1) N Q cn co E O 0 U O E co (a — O U .0 cn cn U O L Q C .cq 0- 0 O O L Q L 0 C Ca U 4— n Board of Commissioners - August 5, 2024 ITEM: 9 - 9 - 2 O O U 0 C c a co 0 0 cc U O M Q 0 > '++ , O cn cn co O N cn E v .>— O c V i i i U cu O Cc N E +�+ D M GJ >+ N M 0 to O �- _ -O Q CO a) C cn + O cn C� Q O E. z V 'a 's.. 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CU co +-+ O O Ca j Q " U- to CDO70 0E.�� Board of Commissioners - August 5, 2024 ITEM: 9 - 9 - 5 z U) z 2 U- W LU W z 3: 0 z I+- O 1- CU Cr) -� )aO Ca 'C6 > cc U _; CD E cc CU a) U cc Q 70 _ O O C6 •� _ > Co O CD cp c: � M 0 U c a)vj Q OU E •� 0O - n a)� 0 4-1 0 Cu cn U N O O -0 4-U Ca p 70 CD 'V p CU -0Q 0 cn O M a)N U X 7O N M cu Cll x CU ca 07 0 = CU C6 U E O 4 -► Cll +� CU CIOO > M a) X E p Q O a) i p M cn .w " p c > •� -3L O UCU U _ _ U-0t==mac a E'er Cll Q 4-+ � O O N U Cll CU 4- 0 p 0 C6 O p �-' " cn a)cn -0 > p N w � CU cc 00._ U Board of Commissioners - August 5, 2024 ITEM: 9 - 9 - 6 From: noreDIY(@civicplus.com To: May. Katherine; Roth. Rebekah; Vafier. Ken; Farrell. Robert; wbiddlefthcoov.com; Doss. Amv; Dickerson. Zachary; lottOnhcaov.com Subject: Online Form Submission #12331 for Public Comment Form Date: Wednesday, July 17, 2024 5:53:07 PM ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Public Comment Form Public Comment Form The agenda items listed are available for public comment at an upcoming Planning Board or Board of Commissioners meeting. Comments received by 8 AM the day of the applicable meeting will be made available to the Board prior to that meeting and will be included as part of the permanent, public record for that meeting. First Name Katherine Last Name Salzer Address 137A S Bocabay Ln City Surf City State NC Zip Code 28445 Email Field not completed. Please select the case BOC Meeting - Comprehensive Plan Update - Residential for comment. Densities & Infill Policy Guidelines What is the nature of Oppose project your comment? Public Comment Just Say NO TO WESTERN BANK OF THE CAPE FEAR Development. STOP Allowing REZONING for Additional Units that adds More Congestion in areas and STOP Allowing FILL on Land In the News, it says the 'commissioners are expected to discuss the Western Bank issue.... in August'. I strongly recommend you do not allow development on the Western Bank of the Cape Fear. I do not know everything about the ReZoning issue, but I know that developing the area is a bad idea for Cape Fear and the surrounding areas and the people Board of Commissioners - August 5, 2024 ITEM: 9 - 9 - 7 that live here. Why are you even considering this idea for a few people to make a boat load of money while taking away from most of the people in the area; and change the environment forever. Whatever restrictions the zoning currently has, should not be changed. The people that own that land know what the zoning was when they bought it or it was left to them. It does not have to be rezoned just because a few people want it rezoned. Why have zoning in the first place if it can just be changed with a request. This systematic 'ReZoning' that towns and cities are doing for the benefit of a few has gotten out of hand. It does not benefit the current residents in the area that most likely bought in the area under the current zoning. The current zoning should be a contract between owners in the area. Most often allowing zoning changes negatively affects the current owners in the area. And The tax revenue of the added density is not worth it. Residential Density - fancy word for more people in an area. Stop upping the number of units on original zonings and preserve some air and tree space. We don't have to fill ever opening with concrete. Don't approve for more if you personally would not want to live in the area or want your mother to live in the area. Allowing construction on the Western Bank is wrong. Turn it into a museum destination if you must do something. Put other historic items there. That would be smart. It would get more people over to the historic NC Battleship and allow dirt or wood walking paths (not concrete). Wilmington can be so much smarter than allowing a few developers to make money here and destroy the environment. Come on. Be creative here and preserve the area and the beauty. Once it is done, it can not be undone. This area is obviously unique. The battleship is there. The extensive wildlife is there. It is the first view of Wilmington for many people. It should be left as it is. And Developers are relentless. Saying No once is not enough. Developers tweak plans and try try again. Just say no and do not allow an opening for sliding in. Be firm and do not waver. I hope you take these points into consideration and start thinking about whether you would want to live or work near these areas you rezone for more development and allow fill for buildings; both that lead to more congestion. Board of Commissioners - August 5, 2024 ITEM: 9 - 9 - 8 And for the Western Bank of the Cape Fear, please think about what benefits the public today and your grandchildren in the future, and not just what benefits a few people/developers today Thank you for your time reading these comments, Katherine Salzer Upload supporting files If you need to support your comment with documentation, upload the files here. No more than 20MB in size total for all files. File types accepted are: doc, docx, ppt, pptx, txt, pdf, jpg, prig. File 1 Field not completed. File 2 Field not completed. File 3 Field not completed. File 4 Field not completed. Email not displaying correctly? View it in your browser. Board of Commissioners - August 5, 2024 ITEM: 9 - 9 - 9 From: Ravm, To: Roth. Subject: West Bank Development Date: Saturday, July 13, 2024 2:03:39 PM ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Hello, As a resident of Wilmington, I am against any new land development proposed by various parties for the Cape Fear western bank. Since this area is prone to flooding and it's wet lands provide a valuable buffer, any disruption of this delicate ecosystem would have a serious long term impact on Wilmington. Environmental experts have warned of the continuing degradation of the Cape Fear River ecosystem with expansion of the port (planned deep dredging of the river channel and removal of more designated wetland in ship pivot area). Additionally, any proposed residential and commercial development on the West Bank of the river will only reduce any opportunity to mitigate the impact from future hurricanes and storm surge. Conservation of this fragile area is in Wilmington's and the region's best long term interest. The commissioners must decide on this monumental and historic decision based on scientific facts and public feedback. Commercial (including mid -high density residential ) development must be permanently rejected and a clear path towards sound conservation and good land stewardship adopted. Thank you, Ray Decker Wilmington NC (703)939-0202 Board of Commissioners - August 5, 2024 ITEM: 9 - 9 - 10 From: Raymond Decker To: Roth. Rebekah Subject: West Bank Development Date: Saturday, July 13, 2024 2:01:37 PM ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Hello, As a resident of Wilmington, I am against any new land development proposed by various parties for the Cape Fear western bank. Since this area is prone to flooding and it's wet lands provide a valuable buffer, any disruption of this delicate ecosystem would have a serious long term impact on Wilmington. Environmental experts have warned of the continuing degradation of the Cape Fear River ecosystem with expansion of the port (planned deep dredging of the river channel and removal of more designated wetland in ship pivot area). Additionally, any proposed residential and commercial development on the West Bank of the river will only reduce any opportunity to mitigate the impact from future hurricanes and storm surge. Conservation of this fragile area is in Wilmington's and the region's best long term interest. The commissioners must decide on this monumental and historic decision based on scientific facts and public feedback. Commercial (including mid -high density residential ) development must be permanently rejected and a clear path towards sound conservation and good land stewardship adopted. Thank you, Ray Decker Wilmington NC (703)939-0202 Board of Commissioners - August 5, 2024 ITEM: 9 - 9 - 11 From: Barbara Garrow To: Roth. Rebekah Subject: West side of River development Date: Monday, July 15, 2024 11:50:33 AM ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Hi Rebecca- it is imperative to put the salinity study in the budget; otherwise your staff and the planning commission are flying blind with only speculation about some impacts. The west side should be for low impact recreational uses and remained as vegetated as possible with native vegetation. Developers of the west side should pay for all improvements not the taxpayers. Thank you for the opportunity to comment. Barbara Avery Garrow 805 Liberty Landing Way Wilmington NC 28409 865-368-9097 Board of Commissioners - August 5, 2024 ITEM: 9 - 9 - 12 From: Diana Coltenback To: Roth. Rebekah Subject: Western Bank Amendment - Public Comment Date: Friday, July 12, 2024 4:29:31 PM ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Project Manager, NHC Planning Board Rebekah Roth, Dear Ms. Roth, I am writing to express my strong support for including all of the western bank parcels into the Conservation place type as part of the amendments to New Hanover County's 2016 Comprehensive Plan, rather than creating a Downtown Riverfront place type. I stand with the Alliance for Cape Fear Trees, Cape Fear Audubon, Cape Fear River Watch, Cape Fear Sierra Club, Eagles Island Central Park Task Force, Historic Wilmington Foundation, League of Women Voters of the Lower Cape Fear, NC Coastal Federation, NC Gullah Geechee Greenway Blueway Heritage Trail, and NC NAACP, as we believe the Conservation place type is the most appropriate and beneficial approach for this area, informing future rezoning decisions. New Hanover County (NHC) is poised at a critical crossroad. Will we wade into the expanding flood waters of the Cape Fear River's west bank? Or will we choose a way forward that embraces long-term resilience and sustainability? Our collective reasoning is rooted in several key points: 1. Flooding & Public Safety: The western bank parcels are part of a dynamic compound floodplain, subject to high tides, river flooding, storm surge, excessive rainfall, and sea level rise. With these factors at play, NHC's lowland areas are flooding more frequently and to a greater extent every year. Development in these areas would increase flooding, posing a significant risk to public safety, accessibility, infrastructure, and stormwater management. The persistent flooding in the western bank areas not only endangers infrastructure but also significantly impacts insurance costs. The Flood Risk Information System (FRIS) maps show that all of the western bank is in flood areas. Three of the County's most frequently flooded roadways are found on the West Bank: Battleship Road NE and USS North Carolina Road on Eagles Island, as well as Point Harbor Road on Point Peter. The frequency of these floods is increasing from compound flood events, particularly high -tide flooding. It is significant to note that, by the time these roadways flood, much of the land surface on the West Bank has already been inundated. 2. Statutory Requirement to Acknowledge UDO 9 (Flood Damage Prevention): According to New Hanover County's Unified Development Ordinance (UDO), which mandates the prevention of flood damage, we should not be risking development in these hazardous, Board of Commissioners - August 5, 2024 ITEM: 9 - 9 - 13 floodplain areas. Given the frequent and severe flooding in the proposed development areas, it is imperative that we prioritize flood damage prevention to ensure public safety and infrastructure integrity. 3. Tax Increases: Development in flood -prone areas can lead to significant tax increases for county residents due to the higher costs associated with flood damage repairs and infrastructure maintenance. By adopting the Conservation place type, we can mitigate these financial burdens on our community. 4. Historic Resources: Development in these areas threatens the integrity of numerous historic and cultural assets. Tall structures, increased flooding, and the installation of utilities could damage or impede access to sites such as: Gullah Geechee Cultural Heritage Corridor: This corridor includes vital remnants of rice canals and other aspects of rice production that are crucial to preserving the heritage of the Gullah Geechee people. USS North Carolina Battleship Memorial: As both a historic structure and a memorial to the 11,000 North Carolinians who made the ultimate sacrifice defending freedom in WWII, it is essential to protect the viewshed and access to this site. Archaeological Assets: The area contains submerged historic resources, including vessels, docks, shipyards, and naval store production sites. 5. Economic Impact of Heritage Tourism & Ecotourism: Conserving the natural and historical landscape of the western bank parcels will enhance heritage and ecotourism opportunities. Both forms of tourism boost the local economy while ensuring that our natural and cultural resources are protected for future generations. Notably, the USS North Carolina Battleship Memorial, a key historical attraction, is the #1 most popular site in Wilmington and 6th in the state, according to TripAdvisor. Preserving this area's unique ecosystem promotes educational and recreational activities, drawing visitors interested in the natural beauty and ecological significance of the region. The proposed Eagles Island Nature Park aligns with the Conservation scenario, driving tourism and public engagement. 6. Environmental Conservation and Protection: The western bank parcels are home to diverse ecosystems, including freshwater marshes and primary nursery grounds for finfish and shellfish. These areas support high biodiversity and contain several endangered, threatened, and state -rare species. The Conservation development scenario would protect these critical habitats from the detrimental effects of urban development, such as pollution, habitat fragmentation, and increased flooding. By maintaining these natural areas, we ensure the sustainability of our local environment and its ability to provide essential ecological services. While we understand there may be interest in limited development near the northern Point Board of Commissioners - August 5, 2024 ITEM: 9 - 9 - 14 Peter parcel, it is crucial to emphasize that this should not detract from the overarching need for conservation throughout the western bank area. In conclusion, selecting the Conservation place type is not only a statutory obligation but also a necessary step to protect our community's cultural, historical, and environmental resources. We urge NHC officials to prioritize long-term resilience and sustainability by endorsing this approach and reconsidering the Downtown Riverfront place type. Thank you for your consideration. Sincerely, Diana Coltenback dcpetportraits@yahoo.com 3533 Aycock Ct Leland, North Carolina 28451 Board of Commissioners - August 5, 2024 ITEM: 9 - 9 - 15 From: Amanda Taylor To: Roth. Rebekah Subject: Western Bank Amendment - Public Comment Date: Monday, July 15, 2024 4:41:44 PM ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Project Manager, NHC Planning Board Rebekah Roth, Dear Ms. Roth, I am writing to express my strong support for including all of the western bank parcels into the Conservation place type as part of the amendments to New Hanover County's 2016 Comprehensive Plan, rather than creating a Downtown Riverfront place type. I stand with the Alliance for Cape Fear Trees, Cape Fear Audubon, Cape Fear River Watch, Cape Fear Sierra Club, Eagles Island Central Park Task Force, Historic Wilmington Foundation, League of Women Voters of the Lower Cape Fear, NC Coastal Federation, NC Gullah Geechee Greenway Blueway Heritage Trail, and NC NAACP, as we believe the Conservation place type is the most appropriate and beneficial approach for this area, informing future rezoning decisions. New Hanover County (NHC) is poised at a critical crossroad. Will we wade into the expanding flood waters of the Cape Fear River's west bank? Or will we choose a way forward that embraces long-term resilience and sustainability? Our collective reasoning is rooted in several key points: 1. Flooding & Public Safety: The western bank parcels are part of a dynamic compound floodplain, subject to high tides, river flooding, storm surge, excessive rainfall, and sea level rise. With these factors at play, NHC's lowland areas are flooding more frequently and to a greater extent every year. Development in these areas would increase flooding, posing a significant risk to public safety, accessibility, infrastructure, and stormwater management. The persistent flooding in the western bank areas not only endangers infrastructure but also significantly impacts insurance costs. The Flood Risk Information System (FRIS) maps show that all of the western bank is in flood areas. Three of the County's most frequently flooded roadways are found on the West Bank: Battleship Road NE and USS North Carolina Road on Eagles Island, as well as Point Harbor Road on Point Peter. The frequency of these floods is increasing from compound flood events, particularly high -tide flooding. It is significant to note that, by the time these roadways flood, much of the land surface on the West Bank has already been inundated. 2. Statutory Requirement to Acknowledge UDO 9 (Flood Damage Prevention): According to New Hanover County's Unified Development Ordinance (UDO), which mandates the prevention of flood damage, we should not be risking development in these hazardous, Board of Commissioners - August 5, 2024 ITEM: 9 - 9 - 16 floodplain areas. Given the frequent and severe flooding in the proposed development areas, it is imperative that we prioritize flood damage prevention to ensure public safety and infrastructure integrity. 3. Tax Increases: Development in flood -prone areas can lead to significant tax increases for county residents due to the higher costs associated with flood damage repairs and infrastructure maintenance. By adopting the Conservation place type, we can mitigate these financial burdens on our community. 4. Historic Resources: Development in these areas threatens the integrity of numerous historic and cultural assets. Tall structures, increased flooding, and the installation of utilities could damage or impede access to sites such as: Gullah Geechee Cultural Heritage Corridor: This corridor includes vital remnants of rice canals and other aspects of rice production that are crucial to preserving the heritage of the Gullah Geechee people. USS North Carolina Battleship Memorial: As both a historic structure and a memorial to the 11,000 North Carolinians who made the ultimate sacrifice defending freedom in WWII, it is essential to protect the viewshed and access to this site. Archaeological Assets: The area contains submerged historic resources, including vessels, docks, shipyards, and naval store production sites. 5. Economic Impact of Heritage Tourism & Ecotourism: Conserving the natural and historical landscape of the western bank parcels will enhance heritage and ecotourism opportunities. Both forms of tourism boost the local economy while ensuring that our natural and cultural resources are protected for future generations. Notably, the USS North Carolina Battleship Memorial, a key historical attraction, is the #1 most popular site in Wilmington and 6th in the state, according to TripAdvisor. Preserving this area's unique ecosystem promotes educational and recreational activities, drawing visitors interested in the natural beauty and ecological significance of the region. The proposed Eagles Island Nature Park aligns with the Conservation scenario, driving tourism and public engagement. 6. Environmental Conservation and Protection: The western bank parcels are home to diverse ecosystems, including freshwater marshes and primary nursery grounds for finfish and shellfish. These areas support high biodiversity and contain several endangered, threatened, and state -rare species. The Conservation development scenario would protect these critical habitats from the detrimental effects of urban development, such as pollution, habitat fragmentation, and increased flooding. By maintaining these natural areas, we ensure the sustainability of our local environment and its ability to provide essential ecological services. While we understand there may be interest in limited development near the northern Point Board of Commissioners - August 5, 2024 ITEM: 9 - 9 - 17 Peter parcel, it is crucial to emphasize that this should not detract from the overarching need for conservation throughout the western bank area. In conclusion, selecting the Conservation place type is not only a statutory obligation but also a necessary step to protect our community's cultural, historical, and environmental resources We urge NHC officials to prioritize long-term resilience and sustainability by endorsing this approach and reconsidering the Downtown Riverfront place type. Thank you for your consideration. Sincerely, Amanda Amanda Taylor a.lynn.a@hotmail.com 6212 Red Cedar Rd Wilmington, North Carolina 28411 Board of Commissioners - August 5, 2024 ITEM: 9 - 9 - 18 From: Madison Harper To: Roth. Rebekah Subject: Western Bank Amendment - Public Comment Date: Tuesday, July 16, 2024 8:26:07 AM ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Project Manager, NHC Planning Board Rebekah Roth, Dear Ms. Roth, am writing to express my strong support for including all of the western bank parcels into the Conservation place type as part of the amendments to New Hanover County's 2016 Comprehensive Plan, rather than creating a Downtown Riverfront place type. I stand with the Alliance for Cape Fear Trees, Cape Fear Audubon, Cape Fear River Watch, Cape Fear Sierra Club, Eagles Island Central Park Task Force, Historic Wilmington Foundation, League of Women Voters of the Lower Cape Fear, NC Coastal Federation, NC Gullah Geechee Greenway Blueway Heritage Trail, and NC NAACP, as we believe the Conservation place type is the most appropriate and beneficial approach for this area, informing future rezoning decisions. New Hanover County (NHC) is poised at a critical crossroad. Will we wade into the expanding flood waters of the Cape Fear River's west bank? Or will we choose a way forward that embraces long-term resilience and sustainability? Our collective reasoning is rooted in several key points: 1. Flooding & Public Safety: The western bank parcels are part of a dynamic compound floodplain, subject to high tides, river flooding, storm surge, excessive rainfall, and sea level rise. With these factors at play, NHC's lowland areas are flooding more frequently and to a greater extent every year. Development in these areas would increase flooding, posing a significant risk to public safety, accessibility, infrastructure, and stormwater management. The persistent flooding in the western bank areas not only endangers infrastructure but also significantly impacts insurance costs. The Flood Risk Information System (FRIS) maps show that all of the western bank is in flood areas. Three of the County's most frequently flooded roadways are found on the West Bank: Battleship Road NE and USS North Carolina Road on Eagles Island, as well as Point Harbor Road on Point Peter. The frequency of these floods is increasing from compound flood events, particularly high -tide flooding. It is significant to note that, by the time these roadways flood, much of the land surface on the West Bank has already been inundated. 2. Statutory Requirement to Acknowledge UDO 9 (Flood Damage Prevention): According to New Hanover County's Unified Development Ordinance (UDO), which mandates the prevention of flood damage, we should not be risking development in these hazardous, Board of Commissioners - August 5, 2024 ITEM: 9 - 9 - 19 floodplain areas. Given the frequent and severe flooding in the proposed development areas, it is imperative that we prioritize flood damage prevention to ensure public safety and infrastructure integrity. 3. Tax Increases: Development in flood -prone areas can lead to significant tax increases for county residents due to the higher costs associated with flood damage repairs and infrastructure maintenance. By adopting the Conservation place type, we can mitigate these financial burdens on our community. 4. Historic Resources: Development in these areas threatens the integrity of numerous historic and cultural assets. Tall structures, increased flooding, and the installation of utilities could damage or impede access to sites such as: Gullah Geechee Cultural Heritage Corridor: This corridor includes vital remnants of rice canals and other aspects of rice production that are crucial to preserving the heritage of the Gullah Geechee people. USS North Carolina Battleship Memorial: As both a historic structure and a memorial to the 11,000 North Carolinians who made the ultimate sacrifice defending freedom in WWII, it is essential to protect the viewshed and access to this site. Archaeological Assets: The area contains submerged historic resources, including vessels, docks, shipyards, and naval store production sites. 5. Economic Impact of Heritage Tourism & Ecotourism: Conserving the natural and historical landscape of the western bank parcels will enhance heritage and ecotourism opportunities. Both forms of tourism boost the local economy while ensuring that our natural and cultural resources are protected for future generations. Notably, the USS North Carolina Battleship Memorial, a key historical attraction, is the #1 most popular site in Wilmington and 6th in the state, according to TripAdvisor. Preserving this area's unique ecosystem promotes educational and recreational activities, drawing visitors interested in the natural beauty and ecological significance of the region. The proposed Eagles Island Nature Park aligns with the Conservation scenario, driving tourism and public engagement. 6. Environmental Conservation and Protection: The western bank parcels are home to diverse ecosystems, including freshwater marshes and primary nursery grounds for finfish and shellfish. These areas support high biodiversity and contain several endangered, threatened, and state -rare species. The Conservation development scenario would protect these critical habitats from the detrimental effects of urban development, such as pollution, habitat fragmentation, and increased flooding. By maintaining these natural areas, we ensure the sustainability of our local environment and its ability to provide essential ecological services. While we understand there may be interest in limited development near the northern Point Board of Commissioners - August 5, 2024 ITEM: 9 - 9 - 20 Peter parcel, it is crucial to emphasize that this should not detract from the overarching need for conservation throughout the western bank area. In conclusion, selecting the Conservation place type is not only a statutory obligation but also a necessary step to protect our community's cultural, historical, and environmental resources. We urge NHC officials to prioritize long-term resilience and sustainability by endorsing this approach and reconsidering the Downtown Riverfront place type. Thank you for your consideration. Sincerely, Madison Harper maddie.jean05O@gmail.com 1919 Market Street, apt 6 Wilmington, North Carolina 28403 Board of Commissioners - August 5, 2024 ITEM: 9 - 9 - 21 From: Bryan Moreira To: Roth. Rebekah Subject: Western Bank Amendment - Public Comment Date: Tuesday, July 16, 2024 8:26:07 AM ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Project Manager, NHC Planning Board Rebekah Roth, Dear Ms. Roth, I am writing to express my strong support for including all of the western bank parcels into the Conservation place type as part of the amendments to New Hanover County's 2016 Comprehensive Plan, rather than creating a Downtown Riverfront place type. I stand with the Alliance for Cape Fear Trees, Cape Fear Audubon, Cape Fear River Watch, Cape Fear Sierra Club, Eagles Island Central Park Task Force, Historic Wilmington Foundation, League of Women Voters of the Lower Cape Fear, NC Coastal Federation, NC Gullah Geechee Greenway Blueway Heritage Trail, and NC NAACP, as we believe the Conservation place type is the most appropriate and beneficial approach for this area, informing future rezoning decisions. New Hanover County (NHC) is poised at a critical crossroad. Will we wade into the expanding flood waters of the Cape Fear River's west bank? Or will we choose a way forward that embraces long-term resilience and sustainability? Our collective reasoning is rooted in several key points: 1. Flooding & Public Safety: The western bank parcels are part of a dynamic compound floodplain, subject to high tides, river flooding, storm surge, excessive rainfall, and sea level rise. With these factors at play, NHC's lowland areas are flooding more frequently and to a greater extent every year. Development in these areas would increase flooding, posing a significant risk to public safety, accessibility, infrastructure, and stormwater management. The persistent flooding in the western bank areas not only endangers infrastructure but also significantly impacts insurance costs. The Flood Risk Information System (FRIS) maps show that all of the western bank is in flood areas. Three of the County's most frequently flooded roadways are found on the West Bank: Battleship Road NE and USS North Carolina Road on Eagles Island, as well as Point Harbor Road on Point Peter. The frequency of these floods is increasing from compound flood events, particularly high -tide flooding. It is significant to note that, by the time these roadways flood, much of the land surface on the West Bank has already been inundated. 2. Statutory Requirement to Acknowledge UDO 9 (Flood Damage Prevention): According to New Hanover County's Unified Development Ordinance (UDO), which mandates the prevention of flood damage, we should not be risking development in these hazardous, Board of Commissioners - August 5, 2024 ITEM: 9 - 9 - 22 floodplain areas. Given the frequent and severe flooding in the proposed development areas, it is imperative that we prioritize flood damage prevention to ensure public safety and infrastructure integrity. 3. Tax Increases: Development in flood -prone areas can lead to significant tax increases for county residents due to the higher costs associated with flood damage repairs and infrastructure maintenance. By adopting the Conservation place type, we can mitigate these financial burdens on our community. 4. Historic Resources: Development in these areas threatens the integrity of numerous historic and cultural assets. Tall structures, increased flooding, and the installation of utilities could damage or impede access to sites such as: Gullah Geechee Cultural Heritage Corridor: This corridor includes vital remnants of rice canals and other aspects of rice production that are crucial to preserving the heritage of the Gullah Geechee people. USS North Carolina Battleship Memorial: As both a historic structure and a memorial to the 11,000 North Carolinians who made the ultimate sacrifice defending freedom in WWII, it is essential to protect the viewshed and access to this site. Archaeological Assets: The area contains submerged historic resources, including vessels, docks, shipyards, and naval store production sites. 5. Economic Impact of Heritage Tourism & Ecotourism: Conserving the natural and historical landscape of the western bank parcels will enhance heritage and ecotourism opportunities. Both forms of tourism boost the local economy while ensuring that our natural and cultural resources are protected for future generations. Notably, the USS North Carolina Battleship Memorial, a key historical attraction, is the #1 most popular site in Wilmington and 6th in the state, according to TripAdvisor. Preserving this area's unique ecosystem promotes educational and recreational activities, drawing visitors interested in the natural beauty and ecological significance of the region. The proposed Eagles Island Nature Park aligns with the Conservation scenario, driving tourism and public engagement. 6. Environmental Conservation and Protection: The western bank parcels are home to diverse ecosystems, including freshwater marshes and primary nursery grounds for finfish and shellfish. These areas support high biodiversity and contain several endangered, threatened, and state -rare species. The Conservation development scenario would protect these critical habitats from the detrimental effects of urban development, such as pollution, habitat fragmentation, and increased flooding. By maintaining these natural areas, we ensure the sustainability of our local environment and its ability to provide essential ecological services. While we understand there may be interest in limited development near the northern Point Board of Commissioners - August 5, 2024 ITEM: 9 - 9 - 23 Peter parcel, it is crucial to emphasize that this should not detract from the overarching need for conservation throughout the western bank area. In conclusion, selecting the Conservation place type is not only a statutory obligation but also a necessary step to protect our community's cultural, historical, and environmental resources. We urge NHC officials to prioritize long-term resilience and sustainability by endorsing this approach and reconsidering the Downtown Riverfront place type. Thank you for your consideration. Sincerely, Bryan Moreira Bryan Moreira BryMoreira00@gmail.com 3102 Monticello Ct Wilmington, North Carolina 28405 Board of Commissioners - August 5, 2024 ITEM: 9 - 9 - 24 From: Travis Gilbert To: Roth. Rebekah Subject: Western Bank Amendment - Public Comment Date: Tuesday, July 16, 2024 8:26:07 AM ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Project Manager, NHC Planning Board Rebekah Roth, Dear Ms. Roth, I am writing to express my strong support for including all of the western bank parcels into the Conservation place type as part of the amendments to New Hanover County's 2016 Comprehensive Plan, rather than creating a Downtown Riverfront place type. I stand with the Alliance for Cape Fear Trees, Cape Fear Audubon, Cape Fear River Watch, Cape Fear Sierra Club, Eagles Island Central Park Task Force, Historic Wilmington Foundation, League of Women Voters of the Lower Cape Fear, NC Coastal Federation, NC Gullah Geechee Greenway Blueway Heritage Trail, and NC NAACP, as we believe the Conservation place type is the most appropriate and beneficial approach for this area, informing future rezoning decisions. New Hanover County (NHC) is poised at a critical crossroad. Will we wade into the expanding flood waters of the Cape Fear River's west bank? Or will we choose a way forward that embraces long-term resilience and sustainability? Our collective reasoning is rooted in several key points: 1. Flooding & Public Safety: The western bank parcels are part of a dynamic compound floodplain, subject to high tides, river flooding, storm surge, excessive rainfall, and sea level rise. With these factors at play, NHC's lowland areas are flooding more frequently and to a greater extent every year. Development in these areas would increase flooding, posing a significant risk to public safety, accessibility, infrastructure, and stormwater management. The persistent flooding in the western bank areas not only endangers infrastructure but also significantly impacts insurance costs. The Flood Risk Information System (FRIS) maps show that all of the western bank is in flood areas. Three of the County's most frequently flooded roadways are found on the West Bank: Battleship Road NE and USS North Carolina Road on Eagles Island, as well as Point Harbor Road on Point Peter. The frequency of these floods is increasing from compound flood events, particularly high -tide flooding. It is significant to note that, by the time these roadways flood, much of the land surface on the West Bank has already been inundated. 2. Statutory Requirement to Acknowledge LIDO 9 (Flood Damage Prevention): According to New Hanover County's Unified Development Ordinance (UDO), which mandates the prevention of flood damage, we should not be risking development in these hazardous, Board of Commissioners - August 5, 2024 ITEM: 9 - 9 - 25 floodplain areas. Given the frequent and severe flooding in the proposed development areas, it is imperative that we prioritize flood damage prevention to ensure public safety and infrastructure integrity. 3. Tax Increases: Development in flood -prone areas can lead to significant tax increases for county residents due to the higher costs associated with flood damage repairs and infrastructure maintenance. By adopting the Conservation place type, we can mitigate these financial burdens on our community. 4. Historic Resources: Development in these areas threatens the integrity of numerous historic and cultural assets. Tall structures, increased flooding, and the installation of utilities could damage or impede access to sites such as: Gullah Geechee Cultural Heritage Corridor: This corridor includes vital remnants of rice canals and other aspects of rice production that are crucial to preserving the heritage of the Gullah Geechee people. USS North Carolina Battleship Memorial: As both a historic structure and a memorial to the 11,000 North Carolinians who made the ultimate sacrifice defending freedom in WWII, it is essential to protect the viewshed and access to this site. Archaeological Assets: The area contains submerged historic resources, including vessels, docks, shipyards, and naval store production sites. 5. Economic Impact of Heritage Tourism & Ecotourism: Conserving the natural and historical landscape of the western bank parcels will enhance heritage and ecotourism opportunities. Both forms of tourism boost the local economy while ensuring that our natural and cultural resources are protected for future generations. Notably, the USS North Carolina Battleship Memorial, a key historical attraction, is the #1 most popular site in Wilmington and 6th in the state, according to TripAdvisor. Preserving this area's unique ecosystem promotes educational and recreational activities, drawing visitors interested in the natural beauty and ecological significance of the region. The proposed Eagles Island Nature Park aligns with the Conservation scenario, driving tourism and public engagement. 6. Environmental Conservation and Protection: The western bank parcels are home to diverse ecosystems, including freshwater marshes and primary nursery grounds for finfish and shellfish. These areas support high biodiversity and contain several endangered, threatened, and state -rare species. The Conservation development scenario would protect these critical habitats from the detrimental effects of urban development, such as pollution, habitat fragmentation, and increased flooding. By maintaining these natural areas, we ensure the sustainability of our local environment and its ability to provide essential ecological services. While we understand there may be interest in limited development near the northern Point Board of Commissioners - August 5, 2024 ITEM: 9 - 9 - 26 Peter parcel, it is crucial to emphasize that this should not detract from the overarching need for conservation throughout the western bank area. In conclusion, selecting the Conservation place type is not only a statutory obligation but also a necessary step to protect our community's cultural, historical, and environmental resources. We urge NHC officials to prioritize long-term resilience and sustainability by endorsing this approach and reconsidering the Downtown Riverfront place type. Thank you for your consideration. Sincerely, Travis Gilbert travisgilbert11 @gmail.com 211 Orange St Wilmington, North Carolina 28401 Board of Commissioners - August 5, 2024 ITEM: 9 - 9 - 27 From: Farris Carroll To: Roth. Rebekah Subject: Western Bank Amendment - Public Comment Date: Tuesday, July 16, 2024 10:35:29 AM ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Project Manager, NHC Planning Board Rebekah Roth, Dear Ms. Roth, I am writing to express my strong support for including all of the western bank parcels into the Conservation place type as part of the amendments to New Hanover County's 2016 Comprehensive Plan, rather than creating a Downtown Riverfront place type. stand with the Alliance for Cape Fear Trees, Cape Fear Audubon, Cape Fear River Watch, Cape Fear Sierra Club, Eagles Island Central Park Task Force, Historic Wilmington Foundation, League of Women Voters of the Lower Cape Fear, NC Coastal Federation, NC Gullah Geechee Greenway Blueway Heritage Trail, and NC NAACP, as we believe the Conservation place type is the most appropriate and beneficial approach for this area, informing future rezoning decisions. New Hanover County (NHC) is poised at a critical crossroad. Will we wade into the expanding flood waters of the Cape Fear River's west bank? Or will we choose a way forward that embraces long-term resilience and sustainability? Our collective reasoning is rooted in several key points: 1. Flooding & Public Safety: The western bank parcels are part of a dynamic compound floodplain, subject to high tides, river flooding, storm surge, excessive rainfall, and sea level rise. With these factors at play, NHC's lowland areas are flooding more frequently and to a greater extent every year. Development in these areas would increase flooding, posing a significant risk to public safety, accessibility, infrastructure, and stormwater management. The persistent flooding in the western bank areas not only endangers infrastructure but also significantly impacts insurance costs. The Flood Risk Information System (FRIS) maps show that all of the western bank is in flood areas. Three of the County's most frequently flooded roadways are found on the West Bank: Battleship Road NE and USS North Carolina Road on Eagles Island, as well as Point Harbor Road on Point Peter. The frequency of these floods is increasing from compound flood events, particularly high -tide flooding. It is significant to note that, by the time these roadways flood, much of the land surface on the West Bank has already been inundated. 2. Statutory Requirement to Acknowledge UDO 9 (Flood Damage Prevention): According to New Hanover County's Unified Development Ordinance (UDO), which mandates the prevention of flood damage, we should not be risking development in these hazardous, Board of Commissioners - August 5, 2024 ITEM: 9 - 9 - 28 floodplain areas. Given the frequent and severe flooding in the proposed development areas, it is imperative that we prioritize flood damage prevention to ensure public safety and infrastructure integrity. 3. Tax Increases: Development in flood -prone areas can lead to significant tax increases for county residents due to the higher costs associated with flood damage repairs and infrastructure maintenance. By adopting the Conservation place type, we can mitigate these financial burdens on our community. 4. Historic Resources: Development in these areas threatens the integrity of numerous historic and cultural assets. Tall structures, increased flooding, and the installation of utilities could damage or impede access to sites such as: Gullah Geechee Cultural Heritage Corridor: This corridor includes vital remnants of rice canals and other aspects of rice production that are crucial to preserving the heritage of the Gullah Geechee people. USS North Carolina Battleship Memorial: As both a historic structure and a memorial to the 11,000 North Carolinians who made the ultimate sacrifice defending freedom in WWII, it is essential to protect the viewshed and access to this site. Archaeological Assets: The area contains submerged historic resources, including vessels, docks, shipyards, and naval store production sites. 5. Economic Impact of Heritage Tourism & Ecotourism: Conserving the natural and historical landscape of the western bank parcels will enhance heritage and ecotourism opportunities. Both forms of tourism boost the local economy while ensuring that our natural and cultural resources are protected for future generations. Notably, the USS North Carolina Battleship Memorial, a key historical attraction, is the #1 most popular site in Wilmington and 6th in the state, according to TripAdvisor Preserving this area's unique ecosystem promotes educational and recreational activities, drawing visitors interested in the natural beauty and ecological significance of the region. The proposed Eagles Island Nature Park aligns with the Conservation scenario, driving tourism and public engagement. 6. Environmental Conservation and Protection: The western bank parcels are home to diverse ecosystems, including freshwater marshes and primary nursery grounds for finfish and shellfish. These areas support high biodiversity and contain several endangered, threatened, and state -rare species. The Conservation development scenario would protect these critical habitats from the detrimental effects of urban development, such as pollution, habitat fragmentation, and increased flooding. By maintaining these natural areas, we ensure the sustainability of our local environment and its ability to provide essential ecological services. While we understand there may be interest in limited development near the northern Point Board of Commissioners - August 5, 2024 ITEM: 9 - 9 - 29 Peter parcel, it is crucial to emphasize that this should not detract from the overarching need for conservation throughout the western bank area. In conclusion, selecting the Conservation place type is not only a statutory obligation but also a necessary step to protect our community's cultural, historical, and environmental resources. We urge NHC officials to prioritize long-term resilience and sustainability by endorsing this approach and reconsidering the Downtown Riverfront place type. Please do not turn legislation for this beautiful town for short term capital gains. Thank you for your consideration. Sincerely, Farris Carroll Farris Carroll farriskhalid@gmail.com 5034 Pine Street Wilmington, North Carolina 28403 Board of Commissioners - August 5, 2024 ITEM: 9 - 9 - 30 From: Rachel Stephensoi To: Roth. Rebekah Subject: Western Bank Amendment - Public Comment Date: Tuesday, July 16, 2024 10:47:18 AM ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Project Manager, NHC Planning Board Rebekah Roth, Dear Ms. Roth, I am writing to express my strong support for including all of the western bank parcels into the Conservation place type as part of the amendments to New Hanover County's 2016 Comprehensive Plan, rather than creating a Downtown Riverfront place type. I stand with the Alliance for Cape Fear Trees, Cape Fear Audubon, Cape Fear River Watch, Cape Fear Sierra Club, Eagles Island Central Park Task Force, Historic Wilmington Foundation, League of Women Voters of the Lower Cape Fear, NC Coastal Federation, NC Gullah Geechee Greenway Blueway Heritage Trail, and NC NAACP, as we believe the Conservation place type is the most appropriate and beneficial approach for this area, informing future rezoning decisions. New Hanover County (NHC) is poised at a critical crossroad. Will we wade into the expanding flood waters of the Cape Fear River's west bank? Or will we choose a way forward that embraces long-term resilience and sustainability? Our collective reasoning is rooted in several key points: 1. Flooding & Public Safety: The western bank parcels are part of a dynamic compound floodplain, subject to high tides, river flooding, storm surge, excessive rainfall, and sea level rise. With these factors at play, NHC's lowland areas are flooding more frequently and to a greater extent every year. Development in these areas would increase flooding, posing a significant risk to public safety, accessibility, infrastructure, and stormwater management. The persistent flooding in the western bank areas not only endangers infrastructure but also significantly impacts insurance costs. The Flood Risk Information System (FRIS) maps show that all of the western bank is in flood areas. Three of the County's most frequently flooded roadways are found on the West Bank: Battleship Road NE and USS North Carolina Road on Eagles Island, as well as Point Harbor Road on Point Peter. The frequency of these floods is increasing from compound flood events, particularly high -tide flooding. It is significant to note that, by the time these roadways flood, much of the land surface on the West Bank has already been inundated. 2. Statutory Requirement to Acknowledge UDO 9 (Flood Damage Prevention): According to New Hanover County's Unified Development Ordinance (UDO), which mandates the prevention of flood damage, we should not be risking development in these hazardous, Board of Commissioners - August 5, 2024 ITEM: 9 - 9 - 31 floodplain areas. Given the frequent and severe flooding in the proposed development areas, it is imperative that we prioritize flood damage prevention to ensure public safety and infrastructure integrity. 3. Tax Increases: Development in flood -prone areas can lead to significant tax increases for county residents due to the higher costs associated with flood damage repairs and infrastructure maintenance. By adopting the Conservation place type, we can mitigate these financial burdens on our community. 4. Historic Resources: Development in these areas threatens the integrity of numerous historic and cultural assets. Tall structures, increased flooding, and the installation of utilities could damage or impede access to sites such as: Gullah Geechee Cultural Heritage Corridor: This corridor includes vital remnants of rice canals and other aspects of rice production that are crucial to preserving the heritage of the Gullah Geechee people. USS North Carolina Battleship Memorial: As both a historic structure and a memorial to the 11,000 North Carolinians who made the ultimate sacrifice defending freedom in WWII, it is essential to protect the viewshed and access to this site. Archaeological Assets: The area contains submerged historic resources, including vessels, docks, shipyards, and naval store production sites. 5. Economic Impact of Heritage Tourism & Ecotourism: Conserving the natural and historical landscape of the western bank parcels will enhance heritage and ecotourism opportunities. Both forms of tourism boost the local economy while ensuring that our natural and cultural resources are protected for future generations. Notably, the USS North Carolina Battleship Memorial, a key historical attraction, is the #1 most popular site in Wilmington and 6th in the state, according to TripAdvisor Preserving this area's unique ecosystem promotes educational and recreational activities, drawing visitors interested in the natural beauty and ecological significance of the region. The proposed Eagles Island Nature Park aligns with the Conservation scenario, driving tourism and public engagement. 6. Environmental Conservation and Protection: The western bank parcels are home to diverse ecosystems, including freshwater marshes and primary nursery grounds for finfish and shellfish. These areas support high biodiversity and contain several endangered, threatened, and state -rare species. The Conservation development scenario would protect these critical habitats from the detrimental effects of urban development, such as pollution, habitat fragmentation, and increased flooding. By maintaining these natural areas, we ensure the sustainability of our local environment and its ability to provide essential ecological services. While we understand there may be interest in limited development near the northern Point Board of Commissioners - August 5, 2024 ITEM: 9 - 9 - 32 Peter parcel, it is crucial to emphasize that this should not detract from the overarching need for conservation throughout the western bank area. In conclusion, selecting the Conservation place type is not only a statutory obligation but also a necessary step to protect our community's cultural, historical, and environmental resources. We urge NHC officials to prioritize long-term resilience and sustainability by endorsing this approach and reconsidering the Downtown Riverfront place type. Thank you for your consideration. Sincerely, Rachel Stephenson Rachel Stephenson rachel.stephenson@ncino.com 804 W Morgan St #E2A Raleigh, North Carolina 27603 Board of Commissioners - August 5, 2024 ITEM: 9 - 9 - 33 From: S, kylar Chaney To: Roth, Rebekah Subject: Western Bank Amendment - Public Comment Date: Wednesday, 3uly 17, 2024 10:31:50 AM ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Project Manager, NHC Planning Board Rebekah Roth, Dear Ms. Roth, As a Wilmington homeowner and consituent, I am writing to express my strong support for including all of the western bank parcels into the Conservation place type as part of the amendments to New Hanover County's 2016 Comprehensive Plan, rather than creating a Downtown Riverfront place type. I stand with the Alliance for Cape Fear Trees, Cape Fear Audubon, Cape Fear River Watch, Cape Fear Sierra Club, Eagles Island Central Park Task Force, Historic Wilmington Foundation, League of Women Voters of the Lower Cape Fear, NC Coastal Federation, NC Gullah Geechee Greenway Blueway Heritage Trail, and NC NAACP, as we believe the Conservation place type is the most appropriate and beneficial approach for this area, informing future rezoning decisions. New Hanover County (NHC) is poised at a critical crossroad. Will we wade into the expanding flood waters of the Cape Fear River's west bank? Or will we choose a way forward that embraces long-term resilience and sustainability? Our collective reasoning is rooted in several key points: 1. Flooding & Public Safety: The western bank parcels are part of a dynamic compound floodplain, subject to high tides, river flooding, storm surge, excessive rainfall, and sea level rise. With these factors at play, NHC's lowland areas are flooding more frequently and to a greater extent every year. Development in these areas would increase flooding, posing a significant risk to public safety, accessibility, infrastructure, and stormwater management. The persistent flooding in the western bank areas not only endangers infrastructure but also significantly impacts insurance costs. The Flood Risk Information System (FRIS) maps show that all of the western bank is in flood areas. Three of the County's most frequently flooded roadways are found on the West Bank: Battleship Road NE and USS North Carolina Road on Eagles Island, as well as Point Harbor Road on Point Peter. The frequency of these floods is increasing from compound flood events, particularly high -tide flooding. It is significant to note that, by the time these roadways flood, much of the land surface on the West Bank has already been inundated. 2. Statutory Requirement to Acknowledge LIDO 9 (Flood Damage Prevention): According to New Hanover County's Unified Development Ordinance (UDO), which mandates Board of Commissioners - August 5, 2024 ITEM: 9 - 9 - 34 the prevention of flood damage, we should not be risking development in these hazardous, floodplain areas. Given the frequent and severe flooding in the proposed development areas, it is imperative that we prioritize flood damage prevention to ensure public safety and infrastructure integrity. 3. Tax Increases: Development in flood -prone areas can lead to significant tax increases for county residents due to the higher costs associated with flood damage repairs and infrastructure maintenance. By adopting the Conservation place type, we can mitigate these financial burdens on our community. 4. Historic Resources: Development in these areas threatens the integrity of numerous historic and cultural assets. Tall structures, increased flooding, and the installation of utilities could damage or impede access to sites such as: Gullah Geechee Cultural Heritage Corridor: This corridor includes vital remnants of rice canals and other aspects of rice production that are crucial to preserving the heritage of the Gullah Geechee people. USS North Carolina Battleship Memorial: As both a historic structure and a memorial to the 11,000 North Carolinians who made the ultimate sacrifice defending freedom in WWII, it is essential to protect the viewshed and access to this site. Archaeological Assets: The area contains submerged historic resources, including vessels, docks, shipyards, and naval store production sites. 5. Economic Impact of Heritage Tourism & Ecotourism: Conserving the natural and historical landscape of the western bank parcels will enhance heritage and ecotourism opportunities. Both forms of tourism boost the local economy while ensuring that our natural and cultural resources are protected for future generations. Notably, the USS North Carolina Battleship Memorial, a key historical attraction, is the #1 most popular site in Wilmington and 6th in the state, according to TripAdvisor. Preserving this area's unique ecosystem promotes educational and recreational activities, drawing visitors interested in the natural beauty and ecological significance of the region. The proposed Eagles Island Nature Park aligns with the Conservation scenario, driving tourism and public engagement. 6. Environmental Conservation and Protection: The western bank parcels are home to diverse ecosystems, including freshwater marshes and primary nursery grounds for finfish and shellfish. These areas support high biodiversity and contain several endangered, threatened, and state -rare species. The Conservation development scenario would protect these critical habitats from the detrimental effects of urban development, such as pollution, habitat fragmentation, and increased flooding. By maintaining these natural areas, we ensure the sustainability of our local environment and its ability to provide essential ecological services. Board of Commissioners - August 5, 2024 ITEM: 9 - 9 - 35 While we understand there may be interest in limited development near the northern Point Peter parcel, it is crucial to emphasize that this should not detract from the overarching need for conservation throughout the western bank area. In conclusion, selecting the Conservation place type is not only a statutory obligation but also a necessary step to protect our community's cultural, historical, and environmental resources. We urge NHC officials to prioritize long-term resilience and sustainability by endorsing this approach and reconsidering the Downtown Riverfront place type. Thank you for your consideration. Sincerely, Skylar Chaney skiskygiri@gmail.com 1317 Audubon Boulevard Wilmington, North Carolina 28403-6709 Board of Commissioners - August 5, 2024 ITEM: 9 - 9 - 36 From: Sounia Chaney To: Roth. Rebekah Subject: Western Bank Amendment - Public Comment Date: Wednesday, July 17, 2024 3:41:05 PM ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Project Manager, NHC Planning Board Rebekah Roth, Dear Ms. Roth, I am writing to express my strong support for including all of the western bank parcels into the Conservation place type as part of the amendments to New Hanover County's 2016 Comprehensive Plan, rather than creating a Downtown Riverfront place type. stand with the Alliance for Cape Fear Trees, Cape Fear Audubon, Cape Fear River Watch, Cape Fear Sierra Club, Eagles Island Central Park Task Force, Historic Wilmington Foundation, League of Women Voters of the Lower Cape Fear, NC Coastal Federation, NC Gullah Geechee Greenway Blueway Heritage Trail, and NC NAACP, as we believe the Conservation place type is the most appropriate and beneficial approach for this area, informing future rezoning decisions. New Hanover County (NHC) is poised at a critical crossroad. Will we wade into the expanding flood waters of the Cape Fear River's west bank? Or will we choose a way forward that embraces long-term resilience and sustainability? Our collective reasoning is rooted in several key points: 1. Flooding & Public Safety: The western bank parcels are part of a dynamic compound floodplain, subject to high tides, river flooding, storm surge, excessive rainfall, and sea level rise. With these factors at play, NHC's lowland areas are flooding more frequently and to a greater extent every year. Development in these areas would increase flooding, posing a significant risk to public safety, accessibility, infrastructure, and stormwater management. The persistent flooding in the western bank areas not only endangers infrastructure but also significantly impacts insurance costs. The Flood Risk Information System (FRIS) maps show that all of the western bank is in flood areas. Three of the County's most frequently flooded roadways are found on the West Bank: Battleship Road NE and USS North Carolina Road on Eagles Island, as well as Point Harbor Road on Point Peter. The frequency of these floods is increasing from compound flood events, particularly high -tide flooding. It is significant to note that, by the time these roadways flood, much of the land surface on the West Bank has already been inundated. 2. Statutory Requirement to Acknowledge UDO 9 (Flood Damage Prevention): According to New Hanover County's Unified Development Ordinance (UDO), which mandates the prevention of flood damage, we should not be risking development in these hazardous, Board of Commissioners - August 5, 2024 ITEM: 9 - 9 - 37 floodplain areas. Given the frequent and severe flooding in the proposed development areas, it is imperative that we prioritize flood damage prevention to ensure public safety and infrastructure integrity. 3. Tax Increases: Development in flood -prone areas can lead to significant tax increases for county residents due to the higher costs associated with flood damage repairs and infrastructure maintenance. By adopting the Conservation place type, we can mitigate these financial burdens on our community. 4. Historic Resources: Development in these areas threatens the integrity of numerous historic and cultural assets. Tall structures, increased flooding, and the installation of utilities could damage or impede access to sites such as: Gullah Geechee Cultural Heritage Corridor: This corridor includes vital remnants of rice canals and other aspects of rice production that are crucial to preserving the heritage of the Gullah Geechee people. USS North Carolina Battleship Memorial: As both a historic structure and a memorial to the 11,000 North Carolinians who made the ultimate sacrifice defending freedom in WWII, it is essential to protect the viewshed and access to this site. Archaeological Assets: The area contains submerged historic resources, including vessels, docks, shipyards, and naval store production sites. 5. Economic Impact of Heritage Tourism & Ecotourism: Conserving the natural and historical landscape of the western bank parcels will enhance heritage and ecotourism opportunities. Both forms of tourism boost the local economy while ensuring that our natural and cultural resources are protected for future generations. Notably, the USS North Carolina Battleship Memorial, a key historical attraction, is the #1 most popular site in Wilmington and 6th in the state, according to TripAdvisor Preserving this area's unique ecosystem promotes educational and recreational activities, drawing visitors interested in the natural beauty and ecological significance of the region. The proposed Eagles Island Nature Park aligns with the Conservation scenario, driving tourism and public engagement. 6. Environmental Conservation and Protection: The western bank parcels are home to diverse ecosystems, including freshwater marshes and primary nursery grounds for finfish and shellfish. These areas support high biodiversity and contain several endangered, threatened, and state -rare species. The Conservation development scenario would protect these critical habitats from the detrimental effects of urban development, such as pollution, habitat fragmentation, and increased flooding. By maintaining these natural areas, we ensure the sustainability of our local environment and its ability to provide essential ecological services. While we understand there may be interest in limited development near the northern Point Board of Commissioners - August 5, 2024 ITEM: 9 - 9 - 38 Peter parcel, it is crucial to emphasize that this should not detract from the overarching need for conservation throughout the western bank area. In conclusion, selecting the Conservation place type is not only a statutory obligation but also a necessary step to protect our community's cultural, historical, and environmental resources. We urge NHC officials to prioritize long-term resilience and sustainability by endorsing this approach and reconsidering the Downtown Riverfront place type. Thank you for your consideration. Sincerely, Sounia Chaney snchaney@gmail.com 805 Schloss St Wrightsville Beach , North Carolina 28480 Board of Commissioners - August 5, 2024 ITEM: 9 - 9 - 39 From: Rich Leffler To: Roth. Rebekah Subject: Western Bank Amendment - Public Comment Date: Thursday, July 11, 2024 7:17:50 PM ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Project Manager, NHC Planning Board Rebekah Roth, Dear Ms. Roth, I am writing to express my strong support for including all of the western bank parcels into the Conservation place type as part of the amendments to New Hanover County's 2016 Comprehensive Plan, rather than creating a Downtown Riverfront place type. stand with the Alliance for Cape Fear Trees, Cape Fear Audubon, Cape Fear River Watch, Cape Fear Sierra Club, Eagles Island Central Park Task Force, Historic Wilmington Foundation, League of Women Voters of the Lower Cape Fear, NC Coastal Federation, NC Gullah Geechee Greenway Blueway Heritage Trail, and NC NAACP, as we believe the Conservation place type is the most appropriate and beneficial approach for this area, informing future rezoning decisions. New Hanover County (NHC) is poised at a critical crossroad. Will we wade into the expanding flood waters of the Cape Fear River's west bank? Or will we choose a way forward that embraces long-term resilience and sustainability? Our collective reasoning is rooted in several key points: 1. Flooding & Public Safety: The western bank parcels are part of a dynamic compound floodplain, subject to high tides, river flooding, storm surge, excessive rainfall, and sea level rise. With these factors at play, NHC's lowland areas are flooding more frequently and to a greater extent every year. Development in these areas would increase flooding, posing a significant risk to public safety, accessibility, infrastructure, and stormwater management. The persistent flooding in the western bank areas not only endangers infrastructure but also significantly impacts insurance costs. The Flood Risk Information System (FRIS) maps show that all of the western bank is in flood areas. Three of the County's most frequently flooded roadways are found on the West Bank: Battleship Road NE and USS North Carolina Road on Eagles Island, as well as Point Harbor Road on Point Peter. The frequency of these floods is increasing from compound flood events, particularly high -tide flooding. It is significant to note that, by the time these roadways flood, much of the land surface on the West Bank has already been inundated. 2. Statutory Requirement to Acknowledge UDO 9 (Flood Damage Prevention): According to New Hanover County's Unified Development Ordinance (UDO), which mandates the prevention of flood damage, we should not be risking development in these hazardous, Board of Commissioners - August 5, 2024 ITEM: 9 - 9 - 40 floodplain areas. Given the frequent and severe flooding in the proposed development areas, it is imperative that we prioritize flood damage prevention to ensure public safety and infrastructure integrity. 3. Tax Increases: Development in flood -prone areas can lead to significant tax increases for county residents due to the higher costs associated with flood damage repairs and infrastructure maintenance. By adopting the Conservation place type, we can mitigate these financial burdens on our community. 4. Historic Resources: Development in these areas threatens the integrity of numerous historic and cultural assets. Tall structures, increased flooding, and the installation of utilities could damage or impede access to sites such as: Gullah Geechee Cultural Heritage Corridor: This corridor includes vital remnants of rice canals and other aspects of rice production that are crucial to preserving the heritage of the Gullah Geechee people. USS North Carolina Battleship Memorial: As both a historic structure and a memorial to the 11,000 North Carolinians who made the ultimate sacrifice defending freedom in WWII, it is essential to protect the viewshed and access to this site. Archaeological Assets: The area contains submerged historic resources, including vessels, docks, shipyards, and naval store production sites. 5. Economic Impact of Heritage Tourism & Ecotourism: Conserving the natural and historical landscape of the western bank parcels will enhance heritage and ecotourism opportunities. Both forms of tourism boost the local economy while ensuring that our natural and cultural resources are protected for future generations. Notably, the USS North Carolina Battleship Memorial, a key historical attraction, is the #1 most popular site in Wilmington and 6th in the state, according to TripAdvisor. Preserving this area's unique ecosystem promotes educational and recreational activities, drawing visitors interested in the natural beauty and ecological significance of the region. The proposed Eagles Island Nature Park aligns with the Conservation scenario, driving tourism and public engagement. 6. Environmental Conservation and Protection: The western bank parcels are home to diverse ecosystems, including freshwater marshes and primary nursery grounds for finfish and shellfish. These areas support high biodiversity and contain several endangered, threatened, and state -rare species. The Conservation development scenario would protect these critical habitats from the detrimental effects of urban development, such as pollution, habitat fragmentation, and increased flooding. By maintaining these natural areas, we ensure the sustainability of our local environment and its ability to provide essential ecological services. While we understand there may be interest in limited development near the northern Point Board of Commissioners - August 5, 2024 ITEM: 9 - 9 - 41 Peter parcel, it is crucial to emphasize that this should not detract from the overarching need for conservation throughout the western bank area. In conclusion, selecting the Conservation place type is not only a statutory obligation but also a necessary step to protect our community's cultural, historical, and environmental resources. We urge NHC officials to prioritize long-term resilience and sustainability by endorsing this approach and reconsidering the Downtown Riverfront place type. Thank you for your consideration. Sincerely, Rich Leffler rich. leffler@yahoo.com 1129 Matteo Dtive, Apt. 311 Wilmington, N.C. Board of Commissioners - August 5, 2024 ITEM: 9 - 9 - 42 70 cu U 70 ^, W > Z) U U) cu OU + cn C U U O E c .0 O >' U cu -0 cn > ° � ° 0 CS C— cn cU Z cn Q CIO �_j Q 7 cn c:cn • - cu -0 E ca c: 0 • M -° 4 O CU O cu o a� _0 .O U cn 4- O U - L- N � CID Ca sl�l Board of Commissioners - August 5, 2024 ITEM: 9 - 9 - 43 Western Bank Comprehensive Plan Amendment Board of Commissioners Public Hearing Rebekah Roth Director of Planning & Land Use 9 land parcels & one underwater holding west of Thomas Rhodes Bridge 11 parcels classified as Urban Mixed Use with 9 G AT -separate owners Market St Xing All but Battleship are in 05—St private ownership use St. C em cc? , _ . r ryge St Wooster St v� o h Dawson St NEW HANOVER COUNTY I the model of good governance Mgovxom J - J �- __ :mot • - �� -- - -- Aw. Awww"ww . JJ4Y �f� a _ Zoning -Western Bank RFMU, Riverfront Mixed Use - Height maximum of 150 ft., though more allowed w/structured parking & performance bonus - Requires mix of residential and commercial uses 1-2, Heavy Industrial - No height maximum - Sample permitted uses: billboards, self -storage, manufacturing, vehicle sales and storage, warehousing B-2, Regional Business - Height maximum of 3 stories or 50 ft., except for Hotels which are allowed 100 ft. - Sample permitted uses: civic/institutional, banks, retail, restaurants, self -storage, hotels, RV parks, vehicle sales and storage, warehousing B f l Future Land Use -Western Bank lace type promotes development of a mix of residential, office, and retail uses at higher Jes, Multi -family residential uses are preferred, though higher -density single family )pments will not be prohibited. Building height could range from one to seven stories depending on the use. DESIRED uses T Types of Uses i Projecls * Mix of Uses 4t Typicui 2nnir4 Categories Retail Office MixedlJse MtXE1 USF. Single & Multi -Family Residential Small Recreational DEVELOPMENT INTENSITY Ul cl Slcries id —I Nt.4ily _.- 0W.- 3 7 Mod crate: High _- Rrmri 1.-3 Lmw!Mud.rar. Plomed 2 7 Moderrxe/ ISereopmenr Hlgh gcadennol Ado 4gm-ardu/ Mi. ed Ul 2 5 7-7 hlodervtel Nigh Maderor+j High ModerwQ to High•Density Resldentia l Mixed use Office 8 InstTtutional Commerclol � Urban Beign Iieoommendol:oas .. .-.-.^� Slreel PoNernr A, -`\ Arrerio; R loca�; wild & 0onlal &rrr} Block length: 1 200 80.0 ft +. �- Sekkmcirc: � �, � PedvrMion Ameniriee: _ 5idcnn ks, sren Weer, rttrer '�. fo Ni—, rkrydu'r—, cllos ruck,, :kWr%, acss L� . Pi ' pedwd_ mn is Western Bank Projects Submitted u November/ December 2021 Planning Western Study Bank Study Work Session 1 Work Session 2 Authorization Report 0 0 0 0 March August March October 2022 2022 2023 2023 Contents Context.............................. »................ ............ .... ...................... ................................................ ... ...... .................................. 6 LandUse History ..........................................................................................................................._......................_............6 Prior Plans & Policies for Study Area..................................................................................................................................7 CurrentConditions............................................................. _..................................................................................... ............. 9 CurrentLand Use & Ownership .................. .................. _.................................................................................. _.............. 9 EnvironmentalFeatures....................................................................................................................................................10 NaturalResources............................................................................................................................................._..........10 EnvironmentalConstraints...........................................................................................................................................10 Infrastructure....................................................................................................................................................................12 Transportation.............................................................................................................................................................12 Waterand Sewer/Septic................................................................................................................................. ...13 Other.............................................................................................................................................................................13 RegulatoryFramework for Development.....................................................................................»..................................13 CoastalArea Management Act(CAMAf................................................................«....».»......».»........«............»......»..14 JurisdictionalWetlands.............................................................................................................«.................................14 FloodplainManagement Regulations .................................. ..................... ................................ ....................... ..... ..... 14 PolicyConsiderations........................................................................................................................_..................................15 CommunityFeedback.......................................................................................................................................................15 ChangingConditions......................................................................................................................................................... 16 Infrastructure Projects- --------------- ........._.........._....._..........._.__.........._..... .._..........._............... 16 ChangingWaterline.......................................................................................................................................................17 MunicipalAnnexations..................................................................................................................................................... 17 Appendix A: Construction Techniques for Flood -Prone Places ...................-- .......... ............ ......................................... A -1 Appendix B: Best Practices —Case Studies In Riverine Development .......... .............. ........... ............ ............................... B -1 Annapolis. Maryland ......................... ................ ....... .......................................... ........................ .................................... B -2 Augusta. Georgia/North Augusta, South Carolina.........................................................................................................6.4 Charleston, South Carolina............................................................................................................................................ B - 7 Norfolk, Virginia.............................................................................................................................................................0.9 Savannah, Georgia ................................................... »....«......... «.................................................. ........... ........... ....... B -11 AppendixC: Full Size Maps............................................................... ................................................................... .................. C Aerial Map of New Hanover County's Riverine Parcels with Study Area Inset ......................... .................................... ..C- 1 Zoning Map of New Hanover County's Riverine Parcels with Study Area Inset .............................. ....................... .......0 - 2 Future Land Use Map of New Hanover County's Riverine Parcels with Study Area Inset ................... ...................... ».C-3 AerialMap of Study Area .............................. »...................................................................................... ........................ C -4 Zoning Map of Study Area............................................................................................................................................. C - 5 FutureLand Use Map of Study Area.............................................................................................................................. C - 6 Appendix D: Additional Information.................................................................................................................................D -1 Briefing Memo prepared for March 2022 Board of Commissioners Work Session NEW HANOVER COUNTY I the model of good governance 1(trV, PI: 0 1p.vp.lnnMF NHCgov.com Conservation Limited Use Working Small Scale Urban Scale Waterfront Mixed Use Mixed Use • Establish a riverfront development tier/place type • Implementation strategies • Articulate environmental constraints • Outline monitoring studies & trigger points WESTERN BANK PLANNING STUDY & RECOMMENDATIONS FOR NEXT STEPS Due to its ,proximity to the Cape Fear and J`Vwtheost Cape Fear RwErs, the Western Bank across from do wnrown Wilmington has a long history of being an irnporrant cuhwol and economic hub. Many great nines and towns have been built on the hanks of rivers, as they provide critical resources for those communities to ffaurish. Overthe decades, the Cape Fearitiverond the Nand abutting ithove goneihrough many changes based on the evolving needs of the surrounding cnmmunNUes as well as the naturoN environment. This document autfrnes the findings of the planning study of the jeosibikry, uncertainty, and risk of development clang the Western Ronk. It is intended to provide recommendations for policy decisions, updates to standards, oad otherimplementotion strategies ttrat will shape future land use_ • Update to plan will better ensure property owners & community are aware of risk and potential for future development and will allow for incorporation of elements that would mitigate the impact on downtown • Identify ways to shift cost burden of new infrastructure and maintenance from public to private sector WESTERN BANK PLANNING STUDY & RECOMMENDATIONS FOR NEXT STEPS Due to its pro ity to the Cape Fear and Northeast Cape Fear Rivers, the Western Bank across from do wntawn Wilmington has a long history of being an important cuhurnf and ecanomfr hub. Many great nitres and towns have been bulk on the hanks of rivers, gs they provide criticaJ resources far those communities to ffourish.Over the decades, the Cape Fear River and the fund abutting it have gonethrough many changes based on the evaJvrng needs of the surrounding cnmmunrUes as well as the naturof environment. This document outfrnes the findings of the planning study of the feosibiJrty, uncertainty, and risk of development ofong the Western Bonk. A is intended to provide recommendations for policy decrsions, updates to standards, and other imrplementatmn strategies that willshope future land use_ Amendment Process & Anticipated Timeline • Release of Public Comment Draft • Board of Commissioners Public Hearing Am=". 2024-08 BOARD OF COMMISS kESTERN RANK- RESILIENCY COMRONEN� C�umv ere darcum 2024-08 BOARD OF COMMISSIONERS PUBLIC HEARING DRAFT 1 A CLOSER LOOK AT THE WESTERN BANK (20241 In recent —la parcels alone the Wastem bank of the Cane Fear Rver have been the sudect of two major Oenfly no the ste—[hrouoh nedulal ons prod— and nvestmentsMecessary to sucoen it ulatigre are not Designed to atldress potential bno-lemt fiscal and communflV Impacts of new Inveshn1 in din. flaotlorpne areas. Recommentlafipns for Mum tlevebomen in this area may be mcrositleretl tithe rate A otflaodino charwes sipndicantl,. new tlevelopmenl occurs. or pmpenies c —,tiv in privale ownership are conservetl .,di for a oubl c ounwse CuneT land pn the Wesfem Bank is zpnetl pnmanly for commercial and Intlushial uses tlwugh mam of the parcelsare cuneMN varanL Exceptions indutle a consfiucfionopemfipnandthe Oltl Wilminotpn SV-p pn the Nonhem Rank antl [he U S 5. Npnh Carolina Bile on Eagles Islantl_ n is lihely n da L yawn parcels wgultl pualiN ac brownfields based on infirmatign known about past uses_ antl al leas)1wp parcels are almativ enrolled in Me stile brownfields—ram. While the tlesire for Ne Weslem Bank progenies varies by sNNehplder there has been general agreement Thal the wntlitlan of Nese prapetlies shaultl tilt remain intlushial brpwnfieltls. The CounN's general planning approach aims the amentlment atltling this appentlix tg the Plan_ the un ncpmgmtetl courts wh ch was-ntentletl b reflect the development panem of tlewntown W Im i-ol- but Nat d d not reflect Ne area's sensitiveN to flootlirw antl irrMshucNre conshalnls_ In atltlidon this appendix was adtletl [o Ne Comprehensive Plan to cleadv arficulale critical existing wriMlbons antl esiliencv consitlemtipns that should be rcmp ctetl into env tulle develoomenl or lantl use olannetl to Nis area. _ evuPLANNHCmL6 WFSTERN BANK AMENDMENT omwNwaterandse'wer desions CFPUAcarin, amh tlevelop antl publisMuted Technical Guitlance for — — — such as Lhe Weslem Ranh'wn1 treauent and extreme fioodlrte occura That ou Dance would-inc udecross connec- tlon antl i, cH w pmvendon mgulatory reauiremerds antl bast practices to prvent wham naton of the wafer supply hum rwater antl sewage overflow dung flaodlno events ELECTRICAL& COMMUNICATION LINES watemmof mntluile to ri the nsN of tlamage trom 11— bs made gr—rats resistant to [onoslon antl water dant¢ge _ r���freafed roots fiNrnlaee nLA- 4h )NERS PUBLIC HEARING DRAFT 4 1 ELEVATION & FLOODPROOFING OF STRUCTURES the ootent'al'moacts of flood events throueh elevation or endetl Ihouahasnpadnustmchrresandotherinnova - m be successfuladditional epnons may W Identified. FLOOD -RESISTANT MATERIALS 8 DESIGN Rnevclhreetenv ofwfl-dtl in Ns amentieshould ehurt. wnh materials that are less suecmi to water damage and dd 6 such as stainless s1eeL wncrete. antl composite tleckino. uiltllnosbe rep u'red to be tles tined Millflaotl ocen'no vents .,.the, ply des that w II al low water to enter and ex t Nesiructu rein unno flpotl no events. rad rm the risk of s[mGu21 damaue_ STORMWATER TREATMENT Dwafewr gualMmand mace _ nsimints nhls area. mshave aemvbeenmd meet state suieme6To udd—sNeimgacfs of stormwater on aliment procen'es an end eenne anal, and No-Rlse Cenificanon should he moulred loranv new tlevelooment. LANDSCAPING Lantlscaged lectures Ie halo ntieaW the efleds of saltwater flooding should be'ncoomtetl such as olant'no salt-teleraM olanLs between structures and the rivertrank to help absorb floodwaters and stablize Ne soil. Some salt-IalemrR 4rees shrubs, and around rovers aoorcpnate to New Hanover Coun- N Include live oaks. somnem maonclias. dwart vauppn Ironies. myrtles tinge antl sea Dais. Plants shoultl be monitored for slops of sap damaue such '.1. leaf bum or stunfetl amxlh_ anema[e landsraoina ma3enals may be agomvetl for mmplE ce with hrovmfield agmemenfs_ Provides context on the reasons behind the proposed amendment Identifies triggers for reconsideration of policies References recommended place type and how it is applied Outlines requirements for additional studies for future development Includes language regarding brownfields program Outlines new Low -Intensity Riverfront 2024-08 BOARD OF COMMISSIONERS PUBLIC HEARING DRAFT 5 place type Low-InYensiri Riverfron[ This place Nce is scectflc to the MivaieN ownetl pmpenles within New Hanover County fronting the weal— side of the Cape ,.,and No°seas[ Cape Fear Rivers across from downtown Wilmington bound bV the Cape Fear Memonai manHddgeandohleabelsalasscludentheareasin°°g'na'pa a°"imnmenaIsenpi pep and high"isibiliNmakeh Articulates desired uses, which does not ue A pgngn of itisalso mclutled -n the Nat anal Reo stet }{ slot c ©slnG that covers tlwmtown W Im nglgn Nouah gftne lapel is Nrregm va�gtgr used rpripdgstnal pa es. oe"elgpmem ig mis area wgmd ne enaneggmg d„e to envlrcnmental regulations limi and ini sSlructure tons ati. and re the area Is seeing more frequent flooding due to tidal w in%ens nsina waterlevels antl higher lvels eof predo tation b.", Igcally and ugitver ThiS,Ia Noeemphasi,.asit ligeglags.eandusesthatcantdbutetotheviewshedcfdawntp Wilmington reeailin include a residential component risk given cement and anlldpated Hooding' pro7ecl natural resources' and allow ownersm use their private ➢rppefN. lases lhatare less suscent big to flooding pacts and that el -de a pubic bei such as iec�lional and c vc uses in the IMI Economic Mgbilit, RecarL and culd— event spaces. that 2024-08 BOARD OF COMMISSIONERS PUBLIC HEARING DRAFT 7 stn,g> .s whin the Nalle-1 Register Histone Dishipf shgnld be on th ,e HthviewshedDoNsi Lists proposed mix of uses and potential The,CIIuwihug alsfmm Cha ter3. Fram-na the Polcv will be —root - 5g—t<b=peceee Prg- zoning categories • moteflemliysnnv mspgnsble grgvnn- -- • Conserve and enhance our unique ee ee aftlarele attract ind vidua • Pwnteplace-based ecorwmic de loyni n In the region that Is f • Promote envmnmentaily resmns ble grovM. • Conserve envncemenIsI1V cr111©1 areas. S v pE NITgh ERAAlLESEAS Includes height recommendations based a=p on National Register Historic District UFSIRE1D1111 � •.a.M•�,e,re,m• •W�, designation and structured parking Peoen�mal C R N Describes urban design recommendations for new structures, with primary face to M the river, inclusion of greenways & multi- _ u use paths with public spaces along the river, setbacks away from the river and MODE CHOICES natural resources, and references to R resiliency components 2024-08 BOARD OF COMMISSIONERS PUBLIC HEARING DRAFT 6 Future Land Use Map New Nunoo Conrriy, NC �R0 ci tl ofw�ingtss �2 4 p hky�;o� Brc ssicx u¢[P ggsR�E.dw � 4 8 f• R LL� 8e¢ch r1l vl— Types -[:QM.HCE ZONE CUMINfIY MII�ID IIE[ -LOW.[r,TF}�S]T[ R]'iFRFRONT -9gppAINF@nE0. -BRmgEL1HIL6f A0 gS 1 2 3 4 5 Current Urban Mixed Use Classification This plate type promotes development of a mix of residential, office, and retail uses at higher densities. Multi -family residential uses are preferred, though higher -density single family developments will not be prohibited. Building height could range from one to seven stories depending on the use. DESIRED USES ► Types of User ;' Projects * Mix of Uses Retali Office Mixed Use MIXEI llSE Single & Mohi-Family Residential Small Recrecitional OMLOPMENT INTENSITY + Mo-ssipy; Sco-le Reconauendedio»s Ul* Office II Pn med Dee pmenr Rc:idenna� Com.,ardr, Mi—d LI se 37 t-3 7-? 4-5 2- 7 1 Typical Zunirrg CQFegories ModerwQ to High -Density ftesfdentia I Mixed use OiRce 8 Ins*utional Commerclal * Urhm D-ig" Pon6mprrdo�i-, �! sl.rror Pol}ernr Wool Nosily r- Anndo; 8 Iota:; Mod ervte,' rr Gild ar ponlal gird NIB 61-k Length: no - $DD it Law lfr+ud.rar. �.lown, Sr[lbod[s[ Med--/ ■ Varies High, �� ■ r, Prid-b6ins Arri—I iar: Madam a el S drwaks men veer, rn High furnHun, rhade ""I olke ryspd�rat+/ rackr, =�IMir�, agsPwo W, High picrarr pedcrt6on mn is Proposed Low -Intensity Riverfront Classification This place type emphasizes public purposes and uses that contribute to the viewshed of downtown Wilmington; result in i less traffic, impervious surfaces, and residents than what is possible across the river; activate the space; reduce public i risk given current and anticipated flooding: protect natural resources; and allow owners to use their private property. i Uses that are less susceptible to flooding impacts and that provide a public benefit, such as recreational and civic uses i are encouraged. Commercial and temporary uses, such as warehousing water -related businesses as recommended i in the 2022 Economic Mobility Report, and Outdoor event spaces, that are less likely to put people at risk are also i envisioned. Any structures should be designed both for resiliency and to be complementary to downtown Wilmington. i Structures within the National Register Historic District should be on the lower end of the recommended height range and all buildings are envisioned to be no taller than the highest point on the U.S.S. North Carolina so it remains the focal point ! of the viewshed. DESIRED USES It Types of Uses / Proiecfs Recreational Civic/Institutional Ternporair Commercial DEVELOPMENT INTENSITY 0 Messina IScole Notion of Re.ister Historic ❑ishict- BuilA— In this ..rt of the Wedern Book area shwld be an th. lower end of the heiohi .nd intensih ronoe due to "isnn. trends related t. flooding and b en:ore the ass Battleship rem.ins the w.l Fowl ooiet of the area. Northern Bank O­ide of Notional Reoister Historic "irid - Sfructures in this ore. or be — the hi.her end of Me rec ended hei.ht and densih ronoes a p Mix of Uses Use Number or Stories" Ideal Werr situ Recreanonal 1-3 Luw Civic/ 1=5 L—Noderrrre Institutional Commercial 1-5 I^IMndPratP * Z—ino Cclfeaories Riverfront-Specific Planned Development Urban Design A.r6iierr,,.e Arcl "tedur.l ieatu.es n I'ne vi tl Wilminon wnh o - rr f 'y \ kterirec i -'� Resilienev Ceme enrs: See Western Bonk oo.endi. 1 Sef6-11a; from river and n—r.l PeJo W­ A,nenlrlea Greenwovs & ,r,u lti-use oath. Pubic .paces .l.nq r.er 2024-07 Planning Board Public Hearing Draft A. Streamline per milling process rortargttetl /AfEncourage rargx Industries cmmereeZwres arrd 6. Atlwca[e for Intl tlew:loparealiz[ic Intl name mrentive pdiry kr new Hanover counry. c. uign �ounrymningoreirdrKe:m f.ef oevewppertomr. mr�eta rgeletl business in and orherin>oac6 ons appropnace areas. tC2 neve/op smaregie nsiryno resrdenna praWu ramnruurgleu LC3 Cmsidera n'ver(r western earede r/�less enr m e , D.Imrease tommuniretkns wim small LD.7 Erplvre tMNaung business by wealinga resource link on Ne eainNrmg lire ccvnm counry webpage rot new cosiness ark an ongoing process m shepherd new businesses mrongh me devebpmenr E. 5upponpransionsmrpmdding pubic GuldMines arenprpe free, hiprspeed imernw a¢ess 2024-07 Planning Board Public Hearing Drai Desired Outcome: Growth patterns that achieve equitable distribution ofcosts between tl A. coorekaceinnasrmmrre rmma GA. I Encowate tarn, regional pewpecmre including water, Znrt4 aritlGmmh Nod se emansportation I/ay,I Prwitlerrnrrecrn � A wiaep-atnrar� I//,A3 Enswe ad rraKrc, emergem servre delM I//,AA Fnco �sirM mtmect erisrm-gstn tlewbgnmtvres 0. eooreneuregional fadlbiez sum mll�es erkwnrkforce (lta.l Emmwage Med transport rbninlumn ninunity g asrMys.p-1 IWId Meneaee on the rub iron:roes fan memirwe In county appwee Econnn ie neeebpment streregies7. GE—ir ,rrfilltlerebpmentonvaran[ lllCf EnmurageanR.a rerglrcm pieces of ewsting par eanosenrad�rea mm mws� prwtli mimeo s srrm�g�an ,a t oaf bm m� miry m paraii,, purcanena anwor man D, Emwr�e Meretlexbpmentorzinge ourageirron a evebpmenw mmpabbte mixeduseo whereappmpde.ar neighborhoods E. ci,,., ge reeesxbpmenr if a6in%n //r�f coca e mmtlors ro zupportand strengths wnpab i s asdeny adjmentnegM1bodwoez. F. Efrwretlene where exis[in8 /llF.1 Encourage irmee ova hhl m es urea r e_ pro++m/ryNcry olmm theF uretarMU a mrercnmge)a aatwe mfr h 2024-07 Planning Board Public Hearing Draft De$MW OutcomeEnhance our reputation aS a deSirapfe Car business teased on New HanoverCouniys rich history, natua features Implementation strategies imple—in 0. Focus on the public spares Intl WA.I F—, the deteMpm nppomunilies for fo 111a informal arW Lwrattess areas that don cialgathenngplates. Increase, wpWNrcmrsr waters. mhanq Intl managepublira¢essm WA,S£ rage the tleveloprn water ilk natural resourcex ob?ve(opmenu rh-U,i F vlA3 Allmerrses n(eshrarinea benefits to the pdbllc and saris4 proPertJ'owswrs while encrwrat intlireMul nearing docks wA.4 Consider inch�'nq Fartn regWadass ra enharfre orrrearr VIAS Consideranu� ts�re W fem Hank area thatwfll sua bri ltline tlesi¢n reouHemena m B. Consider crealinga strong place -bases [wrdeflrles erenota part vfrl� xorwmic development strategy_ Improrethe Courmfs micmdevelwpme tinfrastruRure Intl identiy opportunities m kw.rage the funds el a ivey D. Enmuragecomervadonarkenbantemem w.o.I flpNre New Hanaverc of the uniqueernironmenL character pl02 E—gepreservarlon, and binary arms many rclennfiedm me munrys hisOrh pi.D.i Exoupreservingth r cud antlqualtyofAl r uithadopred Sma9A W.D.4C ides nrrer(ron[srw 2024-07 Planning Board Public Hearing Draft 11 Sets framework for future staff work in establishing new riverfront-specific zoning districts and a future trail network that connects with downtown Wilmington & Brunswick County D'eslred Outcome: Covrdinateeconomic development eKnrtSwith New Hanover Countys naturaihlo-diverse region and unique features A. Createandpmmoteawetworkof vu,w.l --T—enwmrmwnral rise¢ andrxamnswnere peerrvays, blueways, Intl nails greenways barewayy pub'ir xcess, and uaih—Ai—lwoce hghlighungenvim—orml asses. ecofwmic devekpment while nor tlanmisn;ng dw resource. wl,A.2 %dvWe fw nae pfoteNon au(tler Joamenr ofpdnNc shorefront a'M boar a¢ess areas. w1A.3 C siderinveshne in ereenwabs. bl swabs. andrrails alone the We#ern FankandconnrxYingto Wi! regrow andlbunssvnck [aunty B, evominaoeena partn w.;[heerious [widairres arenorpar[wrnr snares: agerttks to deeelop hrture public water amens pokes. 2024-07 Planning Board Public Hearing Draft C. ne mire wltertsontparksandpublic •' r apacczmemm�mge npp—nir for Desired Outcome.Devefopment that accommodatespop, F-1Intl Ifdormll social gatherings. negative /Mii nn naturd(res D, Preserve, conserve, and'orm,inwin enStratgiPS Im le m Iaslal irtfrastrumrre featuresimluding tureor A,pe 1xA,l Erxourake mi�rrse ralana marvmatle; which are cririral approp,bc neT--luster devewpment p-acnces wine urqualby of lifr,economy, ark coastal deaelopment one minimize lmpams on LY.hrra Esrablrsh open sprte ennronment. natural rewurees. I area; buffer; bees, hamronywiththebuilten m M..A3 Aspmorrhe deveq dstratguidelines Irararhier u/wn.f�eeu pure type• nrirn. gran nrnirts B, Adopt a rid l mplemmt a peen fX.B.l Exorrrage bear mono infrastrrrture plan that id -,I arMminrmizeadrerse enviro network of nawral larksandop,, spaces IX,32U incentives to tra ark provides —worn con —lion as educarion to cocoa .g. the, well as .—In— modes ion dsmurager vasrve sperms [hmu�t [rai6 Intl greenways. fX.e.3 (denrifyandpromore arm;rKenrirae rnese spares fX.B.! To enharxe recrea[in inhasmezmre cons;derprrp arndgreemyaysas idennned, G Padrterwim regbnal governmental agemies ark rwngwernmen[al organizations m acquire Intl pmtett ntalryu rive I'm(eg establish a regionalnbm hanky 2024-07 Planning Board Public Hearing Draft Wr Desired Outcome: Utilize environmentally critical area; for outdoorrecreatfm, hei watersheds, and maintenance ofcntical habitats. Im lementation Strate ie s Im lemen taticn Guidelines A. P mgwemmmraland _c, Errcwmafx derNtgvrrmtpanerns [hat preservenatwal areas, bulhry ongwnnm oral organ ards/grufxairuces acquireandpmtedemironmenwlly x rtrt/ulnrnon arMpreservabon ofundeveroped bam/erarM umitre areas. rierysrem Naids hyprrrN a as er dewmpnenr, suppmrresearm, arreencourage pasvve rerreadon as ureic Etuuru u. o naage aewelopm a woeplain,ane X.B.I mpvmnt warerandse emmormrenralry dnerflooepmnene smmrnmr/zeporendal cmivrrvrurwnfram law-gseprir area. lztmrs. X.8.2 Entourage /orwr dertsity0erckpmerrtand attemadres to eevelopmenr(e. xgvrsin mmrgn dean rlunesarrdgrar /m erodible araas. inlet Mzardareas. hrgh hazard lk+W areas cuastaland federallyregufate0 nerlarMs. urege boxer derueyeevelopmenrand/orattemaews ro dew=lopmemlfe, aquismon mmugn mean warerdu:rr nesandga Rand fmperwaussWace rovxage wirnmme lmyearaomp/am(tse nwlchanre AoodpBin} ]fief lbwrngappfies • oevNopnwntprgerumayte apobad nvthin rheiloudp!ain where ro meesruanrurya ran eesnaunmee 111Mbiempacrs • Lowinrensiryuseswrasire,, sorb asgom spxeaMpusrve rerrxrbon, mayee apprr�-:arein me n mpram_ • legecesdarfe mmpywm /s va/phrmplesofimpacr trwnforunawMa�ble av¢rtlartrn, mmvrtizarwn and mid impacts • Evaluatedreneedto dewlap SG�rds fwProledrcnd n�aysggnireamxeas dw/ngdevHopmenrarM retlerebpm outage preserva[ron ofexunrrgnarwal xettlands aM roasmrcted naves asasrarmwarer mirrganon remnique waste prarurar. X.B.S Entourage preurva[wnolexEdngnarwal buffirareas forconswvafion esourres mpresene mevrnrural furutionz x,BS mrennvize, rhrougn nw seas Prne^r process, r/w use ofeer Mmrag rPrarffies sarhas law Mytr OevelgomenrwiYerepossid'e to erasure emrmmentalfytdata/areas are tonserve0. x,e.r Errmrrrage dw us+drraeve wgerarron in/arrmrapng .sa conridxariver(rannspeatr zoning d� - Bankareathatwillfimitpub!'c inhastrunure innvesimentarM enw�mentaln imparm and rxrreeums nn: loranypntmnalresmrmrs x,sa minareasruayro aniryleveisac r/re vresrern sank o inform when adjustments to PoperesandsTandaNs shvuMfw made. C. Etlurale the publiconthe valueof wldel/rras'•tenPr part u(rn4 rr,"W,. pmtecdngemsysterra_ 11:2 Ena " the use of edur datand incentives ro IX.C3 Continue pmmonm dNewfl /ties Cavrrtyas a'ho d6barge mru'arntJuornete Ne Clean A4arnw Pry m lX,[6 PmhibeAoating home derelopmenr wherepump out(xiLlies or vaiGblein ordermprotectp� rrusrand estuarine areas Intl to minimize risko(loss fo persons antlpmperty. IX_CS £ plate esmblishinga brownAeldspr gram to reduce the impacts orpast Western Hank indsmal uses on water gdanryd a ro mar€ Irequenrinstances or llocding D, Strengthen Intl directderelopment ourrge rrxrementarincnfnanamaeo uses lnro areas rnarare award exisvrtgmmmuni[ies mrough sirrgie usedanifured where the usesare mmpatibk wAh the encouraginginfill Intl redeiekpmen[. surmurMinq neighborhoods Mai Errcourrge in9fl detcebpmenr to maximize usea(prevfcvsy developed ores fro highest aid best use_ Planning Board Recommendation • Recommended DENIAL (3-1) of the amendment, requesting that • A consultant be engaged to prepare a master plan for the area • A market analysis of the Western Bank properties be conducted, and • Begin contemporaneous work on zoning districts for the area. Staff Recommended Motion I move to RECOMMEND APROVAL of the proposed Western Bank amendment to the 2016 Comprehensive Plan. I find it CONSISTENT with the purposes and intent of the plan because it includes provisions to support the plan's goals of promoting fiscally responsible growth, conserving and enhancing our unique sense of place, promoting place -based economic development, promoting environmentally responsible growth, and conserving environmentally critical areas. I also find RECOMMENDING APPROVAL of the proposed amendment is reasonable and in the public interest because it clarifies for readers of the plan the environmental constraints on the property in this unique area and the minimum public expectations for development related to project resiliency, public costs, and impacts to other properties, including downtown Wilmington and the U.S.S. Battleship. Amendment Process & Anticipated Timeline • Release of Public Comment Draft • Board of Commissioners Public Hearing • Western Bank Amendment • Bicycle & Pedestrian Priorities Plan • Residential Densities & Infill Policy Guidelines • Existing Conditions & Public Input • Identification of Goals • Development of Plan Alternatives • Analysis of Alternatives • Finalize Update/Adopt Amendments NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:8/5/2024 Regular DEPARTMENT: Planning PRESENTER(S): Zach Dickerson, Senior Planner CONTACT(S): Robert Farrell, Development Review Supervisor; Rebekah Roth, Planning and Land Use Director SU BJ ECT: Public Hearing Rezoning Request (Z24-12) — Request by Adam Sosne with Brightwater Development Company, applicant, on behalf of M HMJ, LLC, property owner, to rezone approximately 12.68 acres zoned Conditional RM F-M, Residential Multi -Family - Moderate Density located at 5322 Carolina Beach Road to a new (CZD) RMF-M district for a maximum 133 attached single - family dwelling units BRIEF SUMMARY: A conditional rezoning was approved for this site by the Board of Commissioners at its October 10, 2023, regular meeting. The concept plan approved at the time included a maximum of 200 residential units, consisting of 35 attached single-family dwelling units in the form of eight quadruplexes and one triplex and 165 multi -family units in five apartment buildings. The applicant is proposing to revise the approved concept plan to reduce the overall unit count to 133 and change all the dwelling units to single-family attached units for a townhome development. The new concept plan also proposes making access to the Townes at Park Place emergency access only. The proposed changes to the density, housing type, and site access constitute a substantial deviation from the approved plan. When substantial changes are proposed to an approved concept plan it requires review and approval by the Board of Commissioners through the public hearing process. The proposed revision reduces the unit count by 67 resulting in an overall density of 10.5 dwelling units per acre. The multi -family units have been removed from the plan, so all of the dwelling units are consistent throughout the development. The approved concept plan has a density of 200 residential units resulting in 15.8 dwelling units per acre. The applicant proposes to keep the condition limiting the maximum building height to three stories. The revised concept plan maintains the two stormwater ponds and recreation area. The site also increases the amount of open space to five acres, which is 19% more than the minimum required by ordinance. The approved concept plan has 2.54 acres of open space. The revised concept plan reflects one access point along the service road parallel to Carolina Beach Road, and two within the development, connection to the Townes at Park Place. However, the roads within the Townes at Park Place are privately owned and an access easement has not been grated from the Townes at Park Place to this proposed development. While this is a civil matter between the two private property owners, staff and the Planning Board have recommended a condition requiring gating these two access points between the developments unless an access easement across the private roads can be agreed upon. Board of Commissioners - August 5, 2024 ITEM: 10 The RMF-M district was established to provide lands that accommodate moderate density single-family and multi- family development. The intent of the RMF-M district is to function as a transitional district between intensive nonresidential development and higher density residential areas. The district is designed to provide a reasonable range of choice, type, and location of housing units. It is estimated the site would generate approximately 87 AM and 109 PM peak hour trips if developed under current zoning. The proposed (CZD) RMF-M development is estimated to generate 6S AM and 77 PM peak hour trips, decreasing the number of peak hour trips by approximately -22 AM and -32 PM. The proposed project is located along a major arterial highway that is currently nearing planning capacity, and the Monkey Junction intersection improvement project has been delayed, with right-of-way acquisition and utility work not scheduled until 2029. While the original 200-unit project required a traffic impact analysis (TIA), which included site access improvements and a new turn lane. The proposed project reduces the estimated traffic below the threshold requiring a TI A. As a new project, the prior TIA is no longer applicable to the site, however the project will be reviewed and permitted through the NCDOT driveway permitting process. The applicant proposes three points of access: one to the service road and two to the adjacent Townes at Park Place development. Staff and the Planning Board have recommended gating the two access points to the Townes at Park Place since those are private roads and an access easement has not been agreed upon by the applicant and the adjacent property owner. The reduction to a single point of ingress and egress means vehicles needing to travel west on Carolina Beach Road would have to travel approximately 3,500 feet south to U-turn at Rosa Parks Drive, or exit the service road onto Carolina Beach Road, cross three lanes of traffic, and make a U-turn at Monkey Junction, which could increase vehicle conflicts at the intersection. Students living in the proposed development would be assigned to Bellamy Elementary School, Myrtle Grove Middle School, and Ashley High School. Based on a generalized historic generation rate, staff would estimate that the decrease in homes would result in approximately 16 fewer students than would be generated under current zoning. The 2016 Comprehensive Land Use Plan designates this property as Urban Mixed Use and General Residential. Because of the general nature of place type borders, sites located in proximity to the boundaries between place types could be appropriately developed with either place type, allowing site -specific features and evolving development patterns in the surrounding area to be considered. The RMF-M zoning is generally CONSISTENT with the 2016 Comprehensive Land Use Plan because the project provides the type of use and density appropriate for the area given the project's location in the growth node and surrounding development patterns. Additionally, the housing type within the development could provide housing choice and an appropriate transition from the commercial node and the single-family residences to the south and west. The Planning Board considered this application at the July 11, 2024 meeting. One person spoke in opposition to the request, citing concerns about the increased traffic the development would generate on the access road and the unintended consequences the addtional traffic would bring to the area. The Planning Board voted (5-0) to recommend approval of the petition with an added condition stating a 20-foot access easement for a future multi -use path. The Planning Board also discussed the gated access, and offered an amendment to the staff recommended condition stating a gated access will be required unless the applicant and the adjacent property owner can agree to an access easement through the Townes at Park Place development to Antoinette Drive. The applicant did not agree to the condition regarding gates during the hearing, but did agree to the condition requiring a 20-foot public access easement along the Carolina Beach Road frontage. The Planning Board found the application CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides the type of use and density appropriate for the area given the project's location in the growth node and surrounding development patterns. The Planning Board also found recommending APPROVAL of the Board of Commissioners - August 5, 2024 ITEM: 10 rezoning request was reasonable and in the public interest because the development would provide an appropriate transition from the commercial node to the single-family residences to the south and west. Planning Board Recommended Conditions: 1. Buildings will have a maximum height of three stories. 2. The roadway connections to the Townes at Park Place shall be paved to the property line and gated as approved by the New Hanover County Fire Marshal's Office or obtain an access easement from the adjacent property owner to access Antoinette Drive. 3. A minimum 20-foot-wide public access easement shall be provided along the frontage parallel with Carolina Beach Road to accommodate future public bicycle and pedestrian use. 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: Staff's recommendation is based on the policy guidance of the 2016 Comprehensive Land Use Plan, zoning considerations and technical review. The proposal is slightly higher than the General Residential place type recommendation, it is below the Urban Mixed -Use recommendation. It is also similar to neighboring development patterns in the area. In addition, while the proposal does provide for additional higher -density housing, its location in one of the County's high growth nodes would generally recommend for more density to address the County's need for more housing. 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 project provides the type of use and density appropriate for the area given the project's location in the growth node and surrounding development patterns. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the development would provide an appropriate transition from the commercial node to the single-family residences to the south and west. Recommended Conditions: 1. Buildings will have a maximum height of three stories. 2. The roadway connections to the Townes at Park Place shall be paved to the property line and gated as approved by the New Hanover County Fire Marshal's Office or obtain an access easement from the adjacent property owner to access Antoinette Drive. 3. A minimum 20-foot-wide public access easement shall be provided along the frontage parallel with Carolina Beach Road to accommodate future public bicycle and pedestrian use. 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.) Board of Commissioners - August 5, 2024 ITEM: 10 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 project provides the type of use and density appropriate for the area given the project's location in the growth node and surrounding development patterns, I find DENIAL of the rezoning request is reasonable and in the public interest because the project increases traffic and reduced interconnectivity to a single point of access on a service road. ATTACHMENTS: Z24-12 BOC Script Z24-12 BOC Staff Report Z24-12 Zoning Map Z24-12 Future Land Use Map Z24-12 Mailout Map Z24-12Application Co\ersheet Z24-12 Application Z24-12 Concept Plan Co\ersheet Z24-12 Concept Plan Z24-12 Public Comments (Including Co\,ersheet) Staff Presentation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval with staff conditions. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - August 5, 2024 ITEM: 10 BOARD OF COMMISSIONERS SCRIPT for Zoning Map Amendment Application (Z24-12) Request by Adam Sosne with Brightwater Development Company, applicant, on behalf of MHMJ, LLC, property owner, to rezone approximately 12.68 acres zoned Conditional RMF-M, Residential Multi -Family — Moderate Density located at 5322 Carolina Beach Road to a new (CZD) RMF-M district for a maximum 133 attached single-family dwelling units. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and 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 the proposed rezoning. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides the type of use and density appropriate for the area given the project's location in the growth node and surrounding development patterns. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the development would provide an appropriate transition from the commercial node to the single-family residences to the south and west. Proposed Conditions: 1. Buildings will have a maximum height of three stories. Board of Commissioners - August 5, 2024 ITEM: 10- 1 -1 2. The roadway connections to the Townes at Park Place shall be paved to the property line and gated as approved by the New Hanover County Fire Marshal's Office or obtain an access easement from the adjacent property owner to access Antoinette Drive. 3. A minimum 20-foot-wide public access easement shall be provided along the frontage parallel with Carolina Beach Road to accommodate future bicycle and pedestrian use. 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 the proposed rezoning. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides the type of use and density appropriate for the area given the project's location in the growth node and surrounding development patterns, I find DENIAL of the rezoning request is reasonable and in the public interest because the project increases traffic and reduced interconnectivity to a single point of access on a service road. Alternative Motion for Approval/Denial: I move to [Approve/Deny] the proposed rezoning to a conditional RMF-M district. I find it to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] I also find [Approval/Denial] of the rezoning request is reasonable and in the public interest because [insert reasons] Board of Commissioners - August 5, 2024 ITEM: 10- 1 - 2 STAFF REPORT FOR Z24-12 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z24-12 Request: Rezoning to a Conditional RMF-M district Applicant: Property Owner(s): Adam Sosne, Brightwater Development MHMJ, LLC Company Location: Acreage: 5322 Carolina Beach Road 12.68 PID(s): Comp Plan Place Type: R07600-006-042-000 & R07606-003-002- Urban Mixed Use & General Residential 000 Existing Land Use: Proposed Land Use: Undeveloped 133 Attached Single -Family Dwellings Current Zoning: Proposed Zoning: (CZD) RMF-M (CZD) RMF-M MIMI 13 ZONING ■ �y� ` LIllsoll�,� ♦ 1 iln��lmlrinlnlr�����111 �1111 • nr� rMs >`O>rENORSE rrrri r�xi'•n.. +••,•;fir � 1 SURROUNDING AREA LAND USE ZONING (CZD) RMF-M (approved North The Townes at Park Place 1/6/2020) East Monkey Junction Intersection B-2 Grove Park Mobile Home Park & Citrus Grove South R-15 & R-10 Subdivision West Brewster Park & Marquis Hills Subdivision R-10 Z24-12 Staff Report BOC 8.5.24 Page 1 of 17 Board of Commissioners - August 5, 2024 ITEM: 10- 2 - 1 I�iHAWNf4�iF "s •m i���.rr,7F.�ti:�,�. ,.T'r_ __.. _ +R��i�liirs if��u"IS _ ��'��a �•� Ah..�. � ..�.Aw,-. ZONING HISTORY April 7, 1971 Initially zoned R-15 (Area 4) May 2, 1988 Rezoned to B-2 October 10, 2023 Rezoned to (CZD) RMF-M COMMUNITY SERVICES Water/Sewer water and sanitary sewer services available through CFPUA via a mainline extension. Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire District, New Hanover County Myrtle Grove Station Schools Bellamy Elementary, Myrtle Grove Middle, Ashley High Schools Recreation Arrowhead 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 results in additional development standards. Historic No known historic resources Archaeological No known archaeological resources Z24-12 Staff Report BOC 8.5.24 Page 2 of 17 Board of Commissioners - August 5, 2024 ITEM: 10- 2 - 2 APPROVED CONCEPT PLAN A i Bi Car Wash] lu 0 - --------- -- ----- ----------- Connections to 0 Townes at Park Place Matchline B A -- ------ -- -------------------- - ---------- - ------------------- ----------- ---------------------------------------------- --- ------- - ------ - - ------ --- --- - ------- ----------------- --- -------- - - -------------------------- ---------------------- -T Z23 - 7 7 Approved Concept Plan — Includes Staff Markups This project was originally approved by the Board of Commissioners at their October 10, 2023, regular meeting. The project included a maximum of 200 residential units, consisting of 35 attached single-family dwelling units in the form of eight quadruplexes and one triplex, outlined in blue on the concept plan, and 165 multi -family units in five apartment buildings, outlined in orange. • The project had an overall density of 15.8 dwelling units per acre. The RMF-M district allows a maximum density of 17 dwelling units per acre. • The approved concept plan places the taller buildings internal to the site or adjacent to the neighboring commercial and multi -family zoning while providing attached single-family units adjacent to the single-family properties. • The approved concept plan depicts two stormwater ponds, an amenity area, and provides the minimum 20% open space equal to 2.54 acres. The project also includes a condition limiting the maximum building height to three stories. • The approved concept plan includes three points of ingress and egress. Direct access is provided to the Carolina Beach Road service road south of the Express Carwash. Two additional points of interconnectivity are provided to Antoinette Drive through the adjacent Townes at Park Place development currently under construction. Z24-1 2 Staff Report BOC 8.5.24 Page 3 of 17 Board of Commissioners - August 5, 2024 ITEM: 10- 2 - 3 � ,;�f,.;;�. _,:.'� "' — "' � Recreation _------- - : - - • The applicant is proposing to revise the approved concept plan to reduce the overall unit count to 133 and change all the dwelling units to single-family attached units for a townhome development. The new concept plan also proposes making access to the Towns at Park Place emergency access only. • The proposed changes to the density, housing type, and site access constitute a substantial deviation from the approved plan stated in Section 10.3.3.C.7.b in the UDO. When substantial changes are proposed to an approved concept plan it requires review and approval by the Board of Commissioners through the public hearing process. • The proposed revision reduces the unit count by 67 resulting in an overall density of 10.5 dwelling units per acre. The approved concept plan has a density of 200 residential units resulting in 15.8 dwelling units per acre. • The multi -family units have been removed from the plan, so all of the dwelling units are consistent throughout the development. The applicant proposes to keep the condition limiting the maximum building height to 3 stories. • The revised concept plan maintains the two stormwater ponds and recreation area. The site also increases the amount of open space to 5 acres, which is 19% more than the minimum required by ordinance. The approved concept plan has 2.54 acres of open space. • The revised concept plan reflects one access point along the service road parallel to Carolina Beach Road, and two within the development, connecting to the Townes at Park Place. The connections through the Townes at Park Place would provide access to Antoinette Drive. • The concept plan also shows two connections to roads in the adjacent Townes at Park Place development. However, the roads within the Townes at Park Place are privately owned and an access easement has not been granted from the Townes at Park Place to this development. While this is a civil matter between the two private property owners, staff and the Planning Board have recommended a condition requiring gating these two access points between the developments unless an access easement across the private roads can be agreed upon. Z24-12 Staff Report BOC 8.5.24 Page 4 of 17 Board of Commissioners - August 5, 2024 ITEM: 10- 2 - 4 ZONING CONSIDERATIONS • The RMF-M district was established to provide lands that accommodate moderate density single-family and multi -family development. The intent of the RMF-M district is to function as a transitional district between intensive nonresidential development and higher density residential areas. The district is designed to provide a reasonable range of choice, type, and location of housing units. • Under the RMF-M zoning district, there is a maximum density of 17 units per acre and structures are limited to 3 stories unless an additional height allowance is granted, which requires stricter setbacks. The applicant has specified a height maximum of 3 stories on their concept plan. • A Type A Opaque Buffer is required along the southern and eastern property lines, this can include fencing, a berm and/or vegetation. On the northern and western property lines a transitional buffer is not required. • The UDO contains controls on exterior lighting on the site, and the maximum illumination levels at the common property line with residential properties to the east and south shall not exceed 0.5-foot candles. • 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. Z24-1 2 Staff Report BOC 8.5.24 Page 5 of 17 Board of Commissioners - August 5, 2024 ITEM: 10- 2 - 5 AREA DEVELOPMENTS Z24-1 2 Staff Report BOC 8.5.24 Page 6 of 17 Board of Commissioners - August 5, 2024 ITEM: 10- 2 - 6 TRANSPORTATION CURRENT CONDITIONS Intensity of Current Zoning 165 multi -family and 35 attached single-family dwelling units. PROPOSED ACCESS Primary Access Carolina Beach Road via a service road running parallel to Carolina Beach Road. Secondary Access N/A EXISTING ROADWAY CHARACTERISTICS Affected Roadway Carolina Beach Road Z24-1 2 Staff Report BOC 8.5.24 Page 7 of 17 Board of Commissioners - August 5, 2024 ITEM: 10- 2 - 7 Type of Roadway NCDOT major arterial Roadway Planning Capacity (AADT) 41,369 Latest Traffic Volume (AADT) 33,941 (2023) Latest WMPO Point -in -Time County (DT) 40,125 (2023) Current Level of Congestion Nearing Capacity NEARBY NCDOT STIP ROADWAY PROJECTS - Access management and time travel U-5702B — S. College Rd. Improvements improvements along College Road between (2025 Right-of-way acquisition & utilities) Shipyard Boulevard and Carolina Beach Road. - Project to convert the intersection of Carolina U-5790 — Monkey Junction Intersection Beach Road and College Road to a continuous and Roadway Improvements flow intersection. (2029 Right-of-way acquisition & utilities) - The project includes widening Carolina Beach Road south of the intersection to Sanders Road. - US 421 (Carolina Beach Road) from US 1 17/NC 132 (College Road) to 200 feet North W5703 — C of Wiloughby Park. Install curb and gutter, (Right-of-way acquisition) multi -use path, sidewalk, pedestrian signals, high visibility crosswalks, and lighting. TRAFFIC GENERATION Traffic Traffic Generated Potential Generated by by Proposed Impact of Present Designation proposed Designation Designation AM Peak Hour Trips 87 65 -22 PM Peak Hour Trips 109 77 -32 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). SUMMARY The proposed project is located along a major arterial highway that is currently nearing planning capacity; and Monkey Junction intersection improvement project has been delayed, with right-of- way acquisition and utility work not scheduled until 2029. While the original 200-unit project required a TIA, which included site access improvements and a new turn lane. The proposed project reduces the estimated traffic below the threshold requiring a TIA. As a new project, the prior TIA is no longer applicable to the site, however the project will be reviewed and permitted through the NCDOT driveway permitting process. The applicant proposes three points of access, one to the service road and two to the adjacent Townes at Park Place development. Staff and the Planning Board have recommended gating the two access points to the Townes at Park Place since those are private roads and an access easement has not been agreed upon by the applicant and the adjacent property owner. The reduction to a single point of ingress and egress means vehicles that Z24-1 2 Staff Report BOC 8.5.24 Page 8 of 17 Board of Commissioners - August 5, 2024 ITEM: 10- 2 - 8 need to travel west on Carolina Beach Road would need travel approximately 3,500 feet south to U-turn at Rosa Parks Drive or exit the service road onto Carolina Beach Road, cross three lanes of traffic and make a U-turn at Monkey Junction which could increase vehicle conflicts at the intersection. ENVIRONMENTAL • The property is not within a Natural Heritage Area. • The property is within the Motts Creek watershed. • There is a stream on the property, marked on the concept plan. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class I (suitable), Class II (moderate) and Class III (severe) soils; however, the project is expected to be served by public water and sewer. • The conservation resource map indicates pocosin wetlands on the property; however, they are not underlaid with Class IV soils, which results in additional development standards. OTHER CONSIDERATIONS Schools • Students living in the proposed development would be assigned to Bellamy Elementary School, Myrtle Grove Middle School, and Ashley High School. Students may apply to attend public magnet, year-round elementary, or specialty high schools. • A maximum of 200 dwelling units would be permitted under the current approved Conditional RMF-M zoning density, and 133 units could potentially be developed under the proposed zoning for a decrease of 67 dwelling units. • Based on a generalized historic generation rate*, staff would estimate that the decrease in homes would result in approximately 16 fewer 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. Z24-1 2 Staff Report BOC 8.5.24 Page 9 of 17 Board of Commissioners - August 5, 2024 ITEM: 10- 2 - 9 Development Type Intensity Estimated Student Yield (current general student generation rate) * Existing Development Undeveloped Approximate** Total: 0 (0 elementary, 0 middle, 0 high) Development Under Current 200 residential units Approximate** Total: 44 Zoning Approval (18 elementary, 10 middle, 14 high) Proposed Zoning Request 133 residential units Approximate** Total: 28 (1 3 elementary, 5 middle, 9 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. **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 Assigned Assigned Assigned Planned Capacity School School School Capacity w/Portables Upgrades Elementary 90% Bellamy 562 495 114% None Middle 88% Myrtle Grove 600 747 80% 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 Z24-12 Staff Report BOC 8.5.24 Page 10 of 17 Board of Commissioners - August 5, 2024 ITEM: 10-2- 10 updated capacity upgrade projects Those upgrade projects have not been finalized by the New Hanover County School Board. 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 strategic objective to achieve this desired outcome includes the provision of a variety of housing options. The proposed CZD RMF-M Through planned growth and development, rezoning will provide new attached single - residents have access to their basic needs. family homes in an area of the county that is largely single-family detached and can aid in achieving the target of increasing the housing supply to a level of one residential unit per every two residents. While the conceptual plan included as part of the proposed rezoning shows an existing stream crossing the site, the proposed Natural areas and critical environmental development is designed to minimize impacts to features are enhanced and protected. the stream, and no wetlands or floodplain areas have been identified on site. The project also increases the amount of open space from 20% to 39%. Z24-1 2 Staff Report BOC 8.5.24 Page 11 of 17 Board of Commissioners - August 5, 2024 ITEM: 10- 2 - 11 Representative Developments Representative Developments of Proposed Housing Types: Z24-1 2 Staff Report BOC 8.5.24 Plantation Village (Attached Single Family) Page 12 of 17 Board of Commissioners - August 5, 2024 ITEM: 10- 2 - 12 Woodlands at Echo Farms (Attached Single Family) Context and Compatibility • The property is located in one of the county's more travelled corridors and within one of the three growth nodes identified in the Comprehensive Plan. • The property is located to the west of the Monkey Junction Intersection and was rezoned is accessed by a service road that connects the property to Carolina Beach Road. The proposed change to the concept plan reduces interconnectivity through the adjacent TRC- approved Towns at Park Place. • The property was rezoned on October 10, 2023, to a higher density residential project that included a mix of multi -family and single-family attached dwelling units. The proposed project reduces the overall density and proposes a uniform housing type throughout the development. • The proposed modification is more consistent with the neighboring Towns at Park Place currently under construction and existing single-family development in the area. • NCDOT's planned improvements to the Monkey Junction area in the coming years are anticipated to alleviate traffic concerns in this area. However, NCDOT is not anticipated to begin right-of-way acquisition until 2029, and the single point of access recommended by staff and the Planning Board may result in additional vehicle conflicts in the area. Z24-1 2 Staff Report BOC 8.5.24 Page 13 of 17 Board of Commissioners - August 5, 2024 ITEM: 10- 2 - 13 • Required setbacks and transitional buffers provide additional mitigation for aesthetic effects along the property boundaries. Attached single family residential developments require transitional buffers where the site abuts single-family residential, consisting of vegetation, berms, or fences with vegetation. 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. w � ♦ , •��� �11.1 N Future Land Use :�_ ����li � A �♦y��► �� � � � •�� ,fir► ► �� r RGENERAL RESIDENTIALURBAN MIXED U5E nn����111 �1111� yrr iiii' �� �► •.►r Urban Mixed Use and General Residential Future Land Use Because of the general nature of place type borders, sites located in Map Place Type proximity to the boundaries between place types could be appropriately developed with either place type, allowing site -specific features and evolving development patterns in the surrounding area to be considered. Urban Mixed Use: promotes development of a mix of uses at higher densities. Types of uses encouraged include office, retail, mixed use, small recreation, commercial, institutional, single-family, and multi -family residential. Place Type Description General Residential: focuses on lower -density housing and associated civic and commercial services. Types of uses include single-family residential, low density multi -family residential, light commercial, civic, and recreational. Commercial uses should be limited to strategically located office and retail spaces, while recreation and school facilities are encouraged throughout. Z24-12 Staff Report BOC 8.5.24 Page 14 of 17 Board of Commissioners - August 5, 2024 ITEM: 10- 2 - 14 The proposed townhome development is located along the Carolina Beach Road corridor, accessed by a service road. The site is located within the Monkey Junction Growth Node, identified as a high growth area in the Comprehensive Plan. The site is adjacent to a similar townhome development, the Townes at Park Place (Z1 8-1 6, approved in 2020). Generally, the Comprehensive Plan designates areas along major roadways for higher residential densities. This site is located in two place types, General Residential and Urban Mixed use and could be appropriately developed with either place type. Analysis The overall project density of 10.5 dwelling units per acre is slightly higher than the General Residential place types and is in line with other recently approved developments in the area. The General Residential requires a minimum of 8 units per acre, and the Urban Mixed Use place type has no minimum requirement for density. The adjacent similar townhome development is designed with a density of 10.4 units per acre. The RMF-M district and project are in line with the Comprehensive Plan's recommendations for the Urban Mixed Use place type and the General Residential place type. The application provides for the type of use and density that is appropriate within this area and within the Monkey Junction Growth node. The proposed RMF-M zoning is generally CONSISTENT with the 2016 Comprehensive Plan because the project provides the type of use and Consistency density appropriate for the area given the project's location in the growth Recommendation node and surrounding development patterns. Additionally, the mix of housing types within the development could provide housing choice and an appropriate transition from the commercial node to the single-family residences to the south and west. PLANNING BOARD MEETING The Planning Board considered this application at the July 1 1, 2024 meeting. There was one person that spoke in opposition to the request. He spoke in opposition due to the increased traffic that the development would generate on the access road and the unintended consequences that more traffic would bring to the area. The Planning Board voted (5-0) to recommend approval of the petition with an added condition stating a 20-foot access easement for a future multi -use path. The Board also discussed the gated access, and offered an amendment to the staff recommended condition stating a gated access will be required unless the applicant and the adjacent property owner can agree to an access easement through the Townes at Park Place development to Antoinette Drive. The applicant did not agree to the condition regarding gates during the hearing, but did agree to the condition requiring a 20' public access easement along the Carolina Beach Road frontage. The Planning Board found the application CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides the type of use and density appropriate for the area given the project's location in the growth node and surrounding development patterns. Z24-1 2 Staff Report BOC 8.5.24 Page 15 of 17 Board of Commissioners - August 5, 2024 ITEM: 10- 2 - 15 The Planning Board found recommending APPROVAL of the rezoning request was reasonable and in the public interest because the development would provide an appropriate transition from the commercial node to the single-family residences to the south and west. Planning Board Recommended Conditions: 1 . Buildings will have a maximum height of three stories. 2. The roadway connections to the Townes at Park Place shall be paved to the property line and gated as approved by the New Hanover County Fire Marshal's Office or obtain an access easement from the adjacent property owner to access Antoinette Drive. 3. A minimum 20-foot-wide public access easement shall be provided along the frontage parallel with Carolina Beach Road to accommodate future public bicycle and pedestrian use. STAFF RECOMMENDATION Staff's recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning considerations and technical review. The proposal is slightly higher than the General Residential place type recommendation, it is below the Urban Mixed -Use recommendation. It is also similar to neighboring development patterns in the area. In addition, while the proposal does provide for additional higher -density housing, its location in one of the County's high growth nodes would generally recommend for more density to address the County's need for more housing. 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 project provides the type of use and density appropriate for the area given the project's location in the growth node and surrounding development patterns. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the development would provide an appropriate transition from the commercial node to the single-family residences to the south and west. Proposed Conditions: 1 . Buildings will have a maximum height of three stories. 2. The roadway connections to the Townes at Park Place shall be paved to the property line and gated as approved by the New Hanover County Fire Marshal's Office or obtain an access easement from the adjacent property owner to access Antoinette Drive. 3. A minimum 20-foot-wide public access easement shall be provided along the frontage parallel with Carolina Beach Road to accommodate future public bicycle and pedestrian use. Z24-1 2 Staff Report BOC 8.5.24 Page 16 of 17 Board of Commissioners - August 5, 2024 ITEM: 10- 2 - 16 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 project provides the type of use and density appropriate for the area given the project's location in the growth node and surrounding development patterns, I find DENIAL of the rezoning request is reasonable and in the public interest because the project increases traffic and reduced interconnectivity to a single point of access on a service road. Z24-12 Staff Report BOC 8.5.24 Page 17 of 17 Board of Commissioners - August 5, 2024 ITEM: 10- 2 - 17 Case: Site Address: Existing Zoning/Use: Z24-12 5322 Carolina Beach Road (CZD) RMF-M Zoning B-2 ow 0 R-10 0 R-15 ❑ RMF-M X1 CZD Q Z24-12 v Proposed Zoning/Use: N (CZD) RMF-M r.... Site Address: Z24-12 5322 Carolina Beach Road 00 Existing Zoning/Use: (CZD) RMF-M mill �FA NEI lam Future Land Use GENERAL RESIDENTIAL URBAN MIXED USE Proposed Zoning/Use: (CZD) RMF-M Site 71 CaSP_ Site Address: Existing Zoning/Use: Proposed Zoning/Use: N Z24-12 5322 Carolina Beach Road Nearby Properties Parcels within 510 feet Z24-12 (CZD) RMF-M Site (CZD) RMF-M Itll D - MI 10-5-1 Application Documents & Materials Board of Commissioners - August 5, 2024 ITEM: 10- 6 - 1 DocuSign Envelope ID: 9F2C5DD94CD7-4E69-B510-7CDDACFDB170 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. IPublic 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 Adam G. Sosne, President Company Brightwater Development Company Address 213 Racine Drive, Suite 100 City, State, Zip Wilmington, NC 28403 Phone Email adam@mcadamshomes.net Owner Name (if different from Applicant/Agent) Adam G. Sosne, Member Company/Owner Name 2 MHMJ, LLC Address 213 Racine Drive, Suite 100 City, State, Zip Wilmington, NC 28403 Phone Email adam@mcadamshomes.net Page 1 of 7 Board of Commissioners - k�d�j ,,c (kRing District Application — Updated 06-2023 ITEM: 10- 7 - 1 DocuSign Envelope ID: 9F2C5DD9-4CD7-4E69-B510-7CDDACFDB170 2. Subject Property Information Address/Location 5322 Carolina Beach Road Parcel Identification Number(s) R07600-006-042-000 & R07606-003-002-000 Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification 12.68+/- acres RMF-M (CZD) vacant UMX & General Residential 3. Proposed Zoning, Use(s), & Narrative Proposed Conditional Zoning District: RMF-M Maximum Residential Density (if applicable) 10.5 units per acre Total Acreage of Proposed District: 12.68 +/- acres Maximum Non -Residential Square Footage (if applicable) n/a 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. *Please see attached. C IIZZ Page2of7 Board of Commissioners - /� guStogaMning District Application — Updated 06-2023 ITEM: 10- 7 - 2 DocuSign Envelope ID: 9F2C5DD9-4CD7-4E69-B510-7CDDACFDB170 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. None. 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): Townhomes - ITE Land Use Code 215 Trip Generation Use and Variable (gross floor area, dwelling units, etc.) 133 Townhomes AM Peak Hour Trips: 63 PM Peak Hour Trips: 76 �1 ZoningPage 3 of 7 Board of Commissioners - ACuog dsfT407District Application —Updated 06-2023 ITEM: 10- 7 - 3 DocuSign Envelope ID: 9F2C5DD9-4CD74E69-B510-7CDDACFDB170 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. See attached. 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. See attached. CC Page 4 of 7 Board of Commissioners - FCuonclitj naaM , 5ing District Application — Updated 06-2023 ITEM: 10- 7 - 4 DocuSign Envelope ID: 9F2C5DD9-4CD7-4E69-B510-7CDDACFDB170 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? "Inning Page 5 of 7 Board of Commissioners - �uondi " 'a1(Jlning District Application — Updated 06-2023 ITEM: 10- 7 - 5 DocuSign Envelope ID: 9F2C5DD9-4CD7-4E69-B510-7CDDACFDB170 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 C This application form, completed and signed (all property owners must sign signatory page) 1N 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 Iff Community Information Meeting Report (complete and signed by agent or all property owners) 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. Applicrryl sinitial QGs DS gas gas DS • The official TIA approval letter is required prior to this item being placed on the gas Board of Commissioners meeting agenda. ss L] Legal description (by metes and bounds) or recorded survey Map Book and Page Reference QGS of the property requested for rezoning 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 DS regulations or additional limitations on land that may be regulated by state law or local ordinance Qas C 1Z Page6of7 Board of Commissioners - Roug lifipoaZ62�ing District Application — Updated 06-2023 ITEM: 10- 7 - 6 DocuSign Envelope ID: 9F2C5DD9-4CD7-4E69-B510-7CDDACFDB170 DS KI Documentation on soil types and infiltration rates if underground stormwater facilities proposed k� KI One (1) digital PDF copy of ALL documents AND plans Emy 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: l . 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 A. Provide written consent to any and all conditions of approval. Docuftned by: QAO� SbqAa MHMJ, LLC, Adam Sosne, Member Sign at ekPP1P#d fi@"-Owners) Print Name(s) 5Docuftned by: Lft &�' Briuhtwater Development Company, Adam Sosne, President Signs WPWffl F &ht/Agent Print Name Note: This form must be signed by the owner(s) of record. If there are multiple property owners, a signature is required for each owner of record. 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. cc Page 7 of 7 Board of Commissioners - KuogdittT 62jing District Application — Updated 06-2023 ITEM: 10- 7 - 7 DocuSign Envelope ID: 9F2C5DD9-4CD7-4E69-B510-7CDDACFDB170 3. Proposed Zoning, Use(s), & Narrative Please list the uses that will be allowed within the proposed Conditional Zoning District, the purpose of the district, and a project narrative. MHMJ, LLC as owner of approximately 12.68 acres known as 5322 Carolina Beach Road (R07600-006-042-000 & R07606-003-002-000) is requesting a conditional rezoning from the current CZD Residential Multi -Family Moderate Density (RMF-M) approval for 200 units to Residential Multi -Family Moderate Density (RMF-M) for a residential project consisting of 133 single family townhouses. The RMF-M district accommodates moderate density single-family and multi -family development with a density of 17 units/acre. This project is approximately 10.5 units/acre, reduced from the approved 15.8 units/acre. The RMF-M district is intended to function as a transition between intensive nonresidential development and higher density residential development, as well as providing a reasonable range of choice, type, and location of housing units. Adjacent properties are currently zoned B-2 and R-10 with a nearby property recently rezoned to RMF-M. The majority of the property is classified as Urban Mixed Use on the Future Land Use Map. The Urban Mixed Use place type is intended to promote a mix of retail, office, and residential at higher densities. While mixed uses are encouraged on the same, parcel, they can be adjacent or separated by lower traffic roads. The rezoning request for RMF-M would allow desired higher density residential to be placed adjacent or in close proximity to retail and office uses, creating a mixed -use area within the growth node. Board of Commissioners - August 5, 2024 ITEM: 10- 7 - 8 DocuSign Envelope ID: 9F2C5DD9-4CD7-4E69-6510-7CDDACFDB170 Zoning Map Amendment Application for 5322Carolina Beach Road (R07600-006-042-000 & R07606-003-002-000) 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.? This proposed zoning change would be consistent with multiple goals and policies on the 2016 Comprehensive Plan. It would help to revitalize commercial corridors and blighted areas through infill development. It would promote environmentally friendly growth by clustering development and minimizing impacts on natural resources via infill and redevelopment and it would provide housing opportunities in a growth node close to transit, employment, and services. PF Cz B-2 R-10 a R-10 g_z R-15 R-15 R-isCzo R a R czd This zoning change would provide for a mix of housing types and mix of uses within the Monkey Junction Growth Node as contemplated by the 2016 Comprehensive Plan. The proposed change would also allow for a more modern development pattern of the area as the development would have to comply with all of New Hanover County's land use and planning regulations including the traffic impact analysis mitigation as well as updated stormwater systems and landscaping. Board of Commissioners - August 5, 2024 ITEM: 10- 7 - 9 DocuSign Envelope ID: 9F2C5DD9-4CD7-4E69-B510-7CDDACFDB170 Zoning Map Amendment Application for 5322Carolina Beach Road (R07600-006-042-000 & R07606-003-002-000) 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 property is located within the Monkey Junction Growth Node at the intersection of S. College Road and Carolina Beach Road which is already a commercial center and has the opportunity to be a more dense area of development in the southern part of the county. This area is part of the unincorporated county but is in close proximity to city limits, making redevelopment with taller buildings and a more urban -design style appropriate. The proposed site plan corresponds with the townhomes to the north and provides a transition to the detached homes to the south. 1 I Place Types COMMERCE ZONE EMPLOYMENT CENTER GENERAL RESIDENTIAL URBAN MIXED USE ° k COMMUNITY MIXED USE RURAL RESIDENTIAL CONSERVATION The majority of the property is classified as Urban Mixed Use on the Future Land Use Map. The Urban Mixed Use place type is intended to promote a mix of retail, office, and residential at higher densities. While mixed uses are encouraged on the same, parcel, they can be adjacent or separated by lower traffic roads. The rezoning request for RMF-M would allow desired higher density residential to be placed adjacent or in close proximity to retail and office uses, creating a mixed -use area within the growth node. Board of Commissioners - August 5, 2024 ITEM: 10- 7 - 10 DocuSign Envelope ID: 9F2C5DD9-4CD7-4E69-B510-7CDDACFDB170 Zoning Map Amendment Application for 5322Carolina Beach Road (R07600-006-042-000 & R07606-003-002-000) 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 property is currently zoned RMF-M (CZD) with a maximum density of 15.8 units/ acre; however, the property is undeveloped. RMF-M has a maximum density of 17 units/acre while the proposed project has a density of 15.8 units/acre. Adjacent properties are currently zoned B-2 and R-10 with a nearby property recently rezoned to RMF-M with a density of 10.4 units/acre. RMF-M on this property would serve as an appropriate transition between the zoning districts as well as comply with the Future Land Use Map classification of Urban Mixed Use within a Growth Node. Board of Commissioners - August 5, 2024 ITEM: 10- 7 - 11 DocuSign Envelope ID: 9F2C5DD9-4CD7-4E69-B510-7CDDACFDB170 _ Prins Or111 "TY•�o NEW HANOVER COUNTY 230 Government Center Drive Iwo- 4� Suite 110 01 PLANNING & LAND USE Wilmington, NC 28403 s o 910-798-7165 phone 32 AUTHORITY FOR 910-798-7053 fax 01MLO``` APPOINTMENT OF AGENT 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. nforn:latiau �--� my Schaefer Company - - - ne Kass, PLLC Address 414 Wrightsville Avenue City, State, ZIP - vilminaton. NC 28403 0) 399%W7 Property Owner(s) ��:�lect Property Owner Name - - II -Address edam G. Sosne 1-322 Carolina Beach Rd Owner Name 2 city, State, Zip RHAAJ, LLC iimington, NC 28412 Address parcel ID 4~ 13 Racine Drive, Suite 100 R0760-006-042-000 'City, state, Zip - — - Mmington, NC 28403 Phone - --- 910) 799-3006 Email - --- - �� Case Number Reference: D:tefrime received: 3rd June This document was willfully executed on the -- -- _ day of DoeuSigneddby: akm a Owner 'I 3igrlatdiYE429 Owner 2 Signature 7Remkvd by: 24 ---- ,20- OW14 Board of Commissioners - August 5, 2024 ITEM: 10- 7 - 12 DocuSign Envelope ID: 9F2C5DD9-4CD7-4E69-B510-7CDDACFDB170 Print Fvrm 71 �a.phTr. NEW HANOVER COUNTY 230 Government Center Drive Suite 110 PLANNING & LAND USE Wilmington, NC 28403 910-798-7165 phone Az AUTHORITY FOR 910-799-7053 fax APPOINTMENT OFAGENT 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. kormat- l - r — -- Name carry Pape Company MP Consulting, PLLC Address &08 Gordon Road, Unit C City. State, Zip Mmington, NC 28411 )10) 442-7870 Email Can Number Referesee: ,dam G. Sosne [)caner Name 2 1HW, LLC Address 13 Racine Drive, Suite 100 City, State, Zip Almington, NC 28403 - 910) 799-3006 EmOA dam@mcadamshomes.net Daft rmrime roceived: This document was willfully executed on the Docuftned by: Owner 1B31w Subject Pftp-rty `^ Address 322 Carolina Beach Rd CRY, State, zip Imington, NC M412 nral ID R07600-006-042-000 Reeehnd by: 3rd June 24 day of- _ _ - _ _ _ , 20- - Owner 2 Signature 09/14 Board of Commissioners - August 5, 2024 ITEM: 10- 7 - 13 DocuSign Envelope ID: 9F2C5DD9-4CD7-4E69-B510-7CDDACFDB170 I Description for Lot R07606-003-002-000 BEGINNING AT THE NORTHEASTERN MOST CORNER, SAID CORNER IS THE COMMON CORNER WITH BRITTON, LLC DEED BOOK 5535, PAGE 2917. SAID CORNER IS LOCATED S 27047'18" 0.85' FROM A RIGHT-OF-WAY DISK, FROM POINT SO LOCATED. THENCE ALONG AND WITH SAID COMMON LINE WITH BRITTON, LLC S 63042'07" W 186.65' TO A POINT AT THE COMMON CORNER WITH GROVE PARK PROPERTIES, DEED BOOK 1384, PAGE 1369. THENCE WITH THE COMMON LINE WITH GROVE PARK PROPERTIES N 72020'38" W 53.99' TO A POINT. THENCE S 50013'38" W 691.55' TO A POINT AT THE COMMON CORNER WITH GARY MATAVA, DEED BOOK 5531, PAGE 2200, MAP BOOK 52, PAGE 262, THENCE WITH THE COMMON LINE WITH MATAVA N 39046'21" W 228.02' TO A POINT, THENCE N 50016'19" E 150.36' TO A POINT. THENCE N 50009'52" E 321.03' TO A POINT ON THE COMMON CORNER WITH MATAVA MAP BOOK 52, PAGE 262. THENCE CONTINUING WITH THE MATAVA LINE THE FOLLOWING 4 COURSES: S 3904629" E 178.25' TO A POINT N 50013'37" E 247.73' TO A POINT S 72020'38" E 61.22' TO A POINT N 63042'07" E 156.84' TO A POINT ON THE RIGHT-OF-WAY, THENCE S 36-58'53" E 50.91' TO THE POINT OF BEGINNING CONTAINING 3.00 ACRES MORE OR LESS. Board of Commissioners - August 5, 2024 ITEM: 10- 7 - 14 DocuSign Envelope ID: 9F2C5DD9-4CD7-4E69-B510-7CDDACFDB170 Legal Description for ParcelR7600-006-042-000: PROPERTY DESCRIPTION OF AN EXISTSING 9.45 ACRE TRACT, MADE FROM TRACT "A", DAVID AND GARY MATVA SUBDIVISION, MAP BOOK S2, PAGE 262, DEED BOOK 5531, PAGE 2200, NEW HANOVER COUNTY REGISTRY, NEW HANOVER COUNTY, NORTH CAROLINA. COMMENCING AT AN EXISTING CONCRETE MONUMENT IN THE EASTERN LINE OF LOT 124, MARQUIS HILLS SUBDIVISION, SECTION 6, MAP BOOK 11, PAGE 42, THE WESTERNMOST CORNER OF THE BENNETT COMMERCIAL PROPERTIES, LLC TRACT 1, DEED BOOK 2793, PAGE 719, THENCE WITH THE SOUTHERN LINE OF SAID TRACT 1, SOUTH 71°34'17" EAST, 194.13 FEET TO A NEW REBAR (SET) AT THE WESTERNMOST CORNER OF A, MAP BOOK 52, PAGE 262, THE TRUE POINT OF BEGINNING. (POB); THENCE WITH THE SOUTHEASTERN LINE OF THE BENNETT COMMERCIAL PROPERTIES, LLC TRACT 1, DEED BOOK 2793, PAGE 719, NORTH 50°11'36" EAST, 1,465.98 FEET TO AN EXISTING IRON ROD, THE WESTERNMOST CORNER OF TRACT B, MAP BOOK 52, PAGE 262, THENCE WITH THE SOUTHWESTERN LINE OF SAID TRACT B, SOUTH 39"48'51" EAST, 99.00 FEET TO AN EXISTING IRON ROD IN THE NORTHWESTERN LINE OF TRACT "A", CAROLINA JUNCTION RECOMBINATION, MAP BOOK 48, PAGE 190, DEED BOOK 6578, PAGE 850, THENCE WITH THE LINE OF SAID TRACT "A", SOUTH 50°15'30" WEST, 150.44 FEET TO A NEW REBAR (SET), THENCE SOUTH 39°48'49" EAST, 228.04 FEET TO AN EXISTING IRON ROD IN THE NORTHWESTERN LINE OF THE GROVE PARK PROPERTIES TRACT, DEED BOOK 1384, PAGE 1369, THENCE WITH THE LINE OF SAID TRACT, SOUTH 50°12'40" WEST, 1,112.99 FEET TO AN EXISTING IRON PIPE, THE SOUTHERNMOST CORNER OF TRACT A, MAP BOOK 52, PAGE 262, THENCE WITH THE SOUTHERN LINE OF SAID TRACT A, NORTH 71°37'25" WEST, 384.27 TO A NEW REBAR (SET), THE TRUE POINT OF BEGINNING. (POB) THE DESCRIBED TRACT HAS A CALCULATED AREA OF 9.45 ACRES. ALL BEARINGS ARE REFERENCED TO NORTH CAROLINA GRID NORTH, NAD 1983 (2011). ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES. AS SHOWN ON A MAP OF SURVEY BY SEPI ENGINEERING AND CONSTRUCTION, INC. MADE IN AUGUST, 2022. TOGETHER WITH: Board of Commissioners - August 5, 2024 ITEM: 10- 7 - 15 DocuSign Envelope ID: 9F2C5DD9-4CD7-4E69-B510-7CDDACFDB170 PROPERTY DESCRIPTION OF THE 10,391 SQUARE FOOT GAP AREA SOUTHWEST OF TRACT "A", DAVID AND GARY MATVA SUBDIVISION, MAP BOOK 52, PAGE 262, DEED BOOK 5531, PAGE 2200, NEW HANOVER COUNTY REGISTRY, NEW HANOVER COUNTY, NORTH CAROLINA. COMMENCING AT AN EXISTING CONCRETE MONUMENT IN THE EASTERN LINE OF LOT 124, MARQUIS HILLS SUBDIVISION, SECTION 6, MAP BOOK 11, PAGE 42, THE WESTERNMOST CORNER OF THE BENNETT COMERCIAL PROPERTIES, LLC TRACT 1, DEED BOOK 2793, PAGE 719, THENCE WITH THE SOUTHERN LINE OF SAID TRACT 1, SOUTH 71°34'17" EAST, 194.13 FEET TO A NEW REBAR (SET) AT THE WESTERNMOST CORNER OF TRACT A, MAP BOOK 52, PAGE 262, THE TRUE POINT OF BEGINNING. (POB); THENCE WITH THE SOUTHWESTERN LINE OF SAID TRACT A, SOUTH 71°37'25" EAST, 384.27 FEET TO AN EXISTING IRON PIPE IN THE NORTHWESTERN LINE OF OPEN SPACE B, CITRUS COVE SUBDIVISION, MAP BOOK 52, PAGE 105, THENCE WITH THE LINE OF SAID OPEN SPACE B, SOUTH 50"12'40" WEST, 29.21 FEET TO A POINT IN THE NORTHERN LINE OF BREWSTER PLACE, SECTION TWO, MAP BOOK 37, PAGE 216, THENCE WITH SAID NORTHERN LINE, NORTH 72"16'59" WEST, 387.05 FEETTO A POINT IN THE NORTHERN LINE OF BREWSTER PLACE, SECTION THREE, MAP BOOK 38, PAGE 312, THENCE A NEW LINE NORTH 50°11'36" EAST, 34.44 FEET TO A NEW REBAR (SET)THE WESTERNMOST CORNER OF TRACT A, MAP BOOK 52, PAGE 262, THE TRUE POINT OF BEGINNING. (POB) THE DESCRIBED PROPERTY HAS A CALCULATED AREA OF 10,391 SQUARE FEET. ALL BEARINGS ARE REFERENCED TO NORTH CAROLINA GRID NORTH, NAD 1983 (2011). ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES. AS SHOWN ON A MAP OF SURVEY BY SEPI ENGINEERING AND CONSTRUCTION, INC. MADE IN AUGUST, 2022. Board of Commissioners - August 5, 2024 ITEM: 10- 7 - 16 DocuSign Envelope ID: 9F2C5DD9-4CD7-4E69-B510-7CDDACFDB170 NEW HANOVER COUNTY �L,,K,}.."r•� �4 r' DEPARTMENT OF PLANNING & LAND USE 2 230 Government Center Drive, Suite 1 10 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) 5322 Carolina Beach Road R07600-006-042-000 & R07606-003-002-000 Meeting Date and Time May 28, 2024 at 6:00 PM Format (Virtual, In -Person, Hybrid) Location if In -Person or Hybrid In -Person 5600 Carolina Beach Rd, Wilmington, NC 28412 Selection Criteria for Location The location is near the property proposed for the rezoning. Meeting Summary Page 1 of 2 Board of Commissioners Cc ugustt lr} 8 4ation Meeting Report —Approved 06 2022 ITEM: 10- 7 - 17 DocuSign Envelope ID: 9F2C5DD9-4CD7-4E69-B510-7CDDACFDB170 List of Changes and Modifications Made to the Proposal in Response to Issues and Concerns (if no modifications were made, please explain why) No changes were made to the proposal in response to issues and concerns at this time. Attendees were given the following email address for the opportunity to reach out with any questions or concerns: gordonroaddev.grovepark@gmail.com 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 ® A list of names and addresses of attendees A list of the names and addresses of invitees and copies of any returned mailings received to date A copy of the mailed notice with all attachments ® A copy of all materials distributed or presented at the meeting 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] May 17, 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. DocuSigned by: Ah* G. Sosln - _ Signature o�'0Rpp`iicitnt or Applicant's Agent Adam Sosne Print Name 6/3/2024 Date Page 2 of 2 Communit Inf rmation Meeting Report — Approved 06-2022 Board of Commissioners - August , 2�24 ITEM: 10- 7 - 18 DocuSign Envelope ID: 9F2C5DD9-4CD7-4E69-B510-7CDDACFDB170 Issues and Concerns Discussed at Meeting The attendees asked the Development Team questions about the project regarding traffic, stormwater, and tree removal. Traffic: The Development Team explained that the new project would not require a TIA due to the trip generation and that the project would be required to obtain driveway permits where NCDOT will review and list any required improvements. Stormwater: The Development Team explained current drainage patterns, the expected stormwater system, and that a stormwater system is required to be reviewed and constructed according to a permit after review by the appropriate agencies. Tree Removal: The Development Team explained that a tree survey was completed, and a permit will be required for tree removal. The county code requires trees in buffer areas and a landscape plan to supplement the current vegetation. A few attendees from Citrus Cove requested a change to review the tree survey and a list of the trees bring saved in relation to their property lines. One neighbor expressed concerns over burning of trees on site. The attendees also raised general questions about the changes from previous site plan and why the project had to be reapproved. The Development Team explained that the reapproval is required by county code. Attendees asked about for sale or rent and price points. It is too early in the process to know. Attendees asked about building height. The Development Team is proposing three story townhouses. Another neighbor asked for more transition along the southern property line by restricting the height of those townhomes to two stories. One neighbor asked if a fence would be provided. The Development Team is considering the request; however, there is a drainage ditch surrounding the property and tress which need to be retained. Attendees asked if there would be a connection to Citrus Cove. There is no connection to Citrus Cove. One neighbor asked about the dumpster. There will be individual trash since no longer apartment buildings. She was pleased and thought it would reduce concerns over visual impact and smells. There were questions about wetlands and other environmental studies. The Development Team explained all required studies must be completed and reviewed by the staff. Some attendees stated they like this plan better than the one approved as it does not have surface parking lots and the townhome community is a better transition to their neighborhood of Citrus Cove. The Development Team provided information on the county's process and timeline for review of a conditional rezoning request. Board of Commissioners - August 5, 2024 ITEM: 10- 7 - 19 DocuSign Envelope ID: 9F2C5DD9-4CD7-4E69-B510-7CDDACFDB170 I _ — COMMUNITY MEETING SIGN4N SHEET Conditional Rezoning TMeeting pate: May 28, 2024 6:00 p.m. ,1 Best WoMm Place/Room: 5600 Carolina Beach Rd Wilmington NC 21141-2_ Name _„a Address E-Mail (optional) r OU►Ar— 0_ JKr 4 ears •c.� Page 1 of 5 Board of Commissioners - August 5, 2024 ITEM: 10- 7 - 20 DocuSign Envelope ID: 9F2C5DD9-4CD7-4E69-B510-7CDDACFDB170 Board of Commissioners - August 5, 2024 ITEM: 10- 7 - 21 00 N N N N N N N N N N N M M ri N N� N" N N N N N N N dl N N N N 00 r-1 ri ri ri ri ri ri ri ri c-1 O O r-1 ri r-1 N r-1 O ri ri r-I t-i O 00 00 00 00 00 00 00 00 ^ 00 00 00 00 00 00 00 1-100 U 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 N" N N OW N N N N N (V N (V i N N N N Z N N N N N N N N N N N N N N N U U U U O D U U -1 0000 U U U U U U U OGl U= U U U U U U U U U U U U U U U Z Z Z Z Z Z Z O N Z z z z Z Z Z 00 Z U Z Z Z Z Z z z Z Z z Z Z Z Z Z Z Z Z Z a U OZ Z Z OM) U Z Z Z Z0Z Z00z� Zw cz z z0Z0z0Z Z Z Z 0z z Z Z Z z 000000z000zo000000000000 C7 l7 W 0¢ U CD (D 0 0 0 0 V U 0¢ (D Z (DQ (7 C7 0 0 0 0 0 0 0 0 0 0 0 `l zZ c Z z Z N Z z c z ¢ Z Z Z Z ZZc Z c Z U z J c z Z z z Z Z Z c Z Z Z ¢ Z c Z Zcc Z Z G G z G J G G N G C G G C 3 — — — — ¢ — — — O ¢ — — — — — — — ¢ — ¢ — N O r-1 w F- D Ln N p r\ p F- Z O p Q J oc cc p F- °C "' p m z Z p Z z (A � J 0C Z w= J Z W Z O Z L/ i z p Z w ac 0 z Z= OC Z Oc F- J J ¢ p _J J J (,rJ W J w Ln F- J f- } r-1 LU F- w Z ¢ } Z } O O O J O n > F- F- w w } } F- F- > F- Ln — V) O Ln Z O w ¢ ec V — w Z w Ln N l7 ? o: Z O cc >w Ln z oC c>>n Q� Z m N w lW'� 0 s m J m Q o z U Q m W a O CO 2 m> LU L m W CCp 0 N X= Z p 0 Ln Lu U Ln p L�L Ln 0)I m O m F- O CO W¢ O= F- Y H N O O p Ln Y N F- m m ¢ P Y Q F- ^ CO Y H m O 00 N rl M m ri N Ln O W n M 1- O M O M N N O 00 c4 lD O LD M ri LD 00 M Ln 00 O 00 m 3 0 0 r-1 r-1 O -1 N r-1 Ln N O O -4 O qt O -1 N N N O r-1 O Ln N .1 N O ri 01 -i r-1 -4 -4 O O 00 01 n 00 D_ n -�t N m M 00 Cn n N .H Ln 0) M 01 c-1 00 00 n Ln N 1\ 0) M n Ln 00 0) 00 n 0- LU W w z W w D N w J V LLJQ U z F- 2 ¢ ¢ V U m 0 ¢ CLL Z to w = V G Y J ap Q LL, ¢ Z Q IA J Q Z o _ - z ¢ °C - ¢ <~-n - Q < Y Z Q W W J W - O ¢ z W U J C LL1 =-¢ ¢ J w ?j = Y Y Z 11 ¢ -, ¢ LU p U¢ ¢¢ U o z z, Y w J w a U u a O zO O a J w m o Q J L W LU a Q _ w O O 2 z¢ 2 2 a J O Ln Ln J U Q U� z p J Q COz-a s w z 2> O 'N'' LLU Q w 2 2 2 -Z-+ O a N J = J Z O z w U( H z z O Q Ln U w Q a O p t w 2 w Oc cr U r'1 w K� 0 O Z O Lan LL ¢ O J O O (wi z W W N C7 z Z J J= Z =-i-�z�aL�Mwwaoc wccco=�oaaa��a��o�L�N oac O ¢ ¢ ¢ ¢ ¢ ¢ m m d m m m m m m m m U U U V p p p p p m p p W w W LL LL- W Board of Commissioners - August 5, 2024 ITEM: 10- 7 - 22 N N N N N N N N fV N fV N N N N N N N N N M N N N N N M N N N N N N r-1 r-1 r-1 ci ri ri ci ri �-I r-1 ci r-1 ri r-I r4 r rl ri O -1 -4 -4 c--1 ri O r1 ri " -1 " 00 00 00 00 00 00 00 00 00 00 00 00 00 a0 00 00 W 00 00 00 00 00 00 00 00 00 00 W 00 00 00 00 00 LO N N N N N N N N N N N N N N N N N N N N N N N N N N O `'-1 N N N N N N N UUUUUUUUUUUUUUUUUU v UUUUUUUUUUUUUUU z z Z z Z z z z Z z Z Z Z Z Z z Z z z z Z Z Z Z Z Z(n¢ Z Z Z Z Z z Z Q Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Q z Z Z Z Z Z Z J O O O O O O O O O o 0 0 0 0 0 0 0 0 Z O O O o 0 o O U W O O O O O O O w H H H F- H F- F- H F- H H H H F- F- H H F- H H F- H F- F- H J F- F- F- H F- H F- W C7 0 0 0 0 0 0 U(D C7 (D C7 C7 Q Q C) U U O C7 (D0 0 Q CD (D Q J 0 (DL9 0 0 0 U Ofz_ z_ z z z z z z z_ z z z_ z z z z z z a z _z z_ z z z z_ m> z z z z z z z a Y -i Y LL> _J U J J J J J J J w Q W cc 0 cr cc = QZ OC J Z Z w O w Q O' Q Z JC Q Q Z ¢ Q Q Z Z 0 W 0 0 J J N ce: J W 0 W J G O z J � � N J J J z a FFw O �W- J Z W' or Z W } _ rrW J O. 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RALEIGH NC - 2755,, Research Triangle Region 17 MAY 2024 PM 2 L NGO HUY 906 KIWI LN WILMINGTON, NC 2P"" %rxrE 2 7 C• 1 99GS/,ZS/Z4RETURN TO j Al'TE149TED -NOTDER KNOWWIf !!KABLE TO FORWAItf3 _. 93310A8110-3758$2 ANK 8t: 3848f.154E48 Y84-35, S 48 �illl'Ill.11A111111,1m11Ili/111111111filtl-e 1111 illilllll-I44 2;941 2--3576GF,, Board of Commissioners - AugusL5, 2024 ITEM: 10- 7 - 26 DocuSign Envelope ID: 9F2C5DD9-4CD74E69-B510-7CDDACFDB170 WILMINGTON, NC 28406 RALEIGH NC 275 Rege>arr-h Tdartgte Region A 17 MAY 2024 f" 3 L PO BOX 4548 WILMINGTON, NC 28406 AMATO LAUREN 813 TISBURY LN WILMINGTON, NC 28412 NIXIE 276 FE 1 9005/25/24 j ik i URN TO SEXPER !l PLI rEWFr*TED — NOT KNOWN UNABLE TO FORWARD ANK BC: 28406154843 *0880-98349-17-44 > I=Illrl=rlr+l=lilrl==11111rr=r=III=I11111=Itill 111111'fill 11+1 ! MHMJ LLC 6626 GORDON RD WILMINGTON, NC 28 RALEIGH NC 275 Resew-ch Triangle Region 17 MAY 2ID24 PM 3 t NIXIE 276 D.E i 000.5/.26124 RETURN TO 'SENDER INSUFFICIENT ADDRESS UNA%tat TO FORWARD [ti4ibniy43S4ii 'aiS>it6wb14l�+y—ii—q4 ` �i:I:lii�sl;sll:I1lFi{{Irrl{ilii!lIIsI1rIl�rl::i=lli=�{1441=,ilil 1�' Board of Commissioners - August 5, 2024 ITEM: 10- 7 - 27 DocuSign Envelope ID: 9F2C5DD9-4CD7-4E69-B510-7CDDACFDB170 GSP CONSULTING May 17, 2024 RE: Community Meeting for Conditional Rezoning Request for property at 5322 Carolina Beach Road We invite you to join us for a community meeting for the proposed conditional rezoning of property located at 5322 Carolina Beach Road, Wilmington, North Carolina and identified as New Hanover County Parcels: R07600-006-042-000 & R07606-003-002-000. The recently updated zoning of the property will remain RMF-M (Residential Multi -Family Moderate Density). The updated site plan replaces the former apartments with townhomes, reducing the proposed density from 15.8 units/acre to 10.5 units/acre. Please reference the attached illustration of the concept site plan. We welcome the opportunity to discuss the proposed project with you at the community meeting where we will give a brief presentation and answer any questions. The community meeting will be held on May 28, 2024 from 6:00-7:00 p.m. at the Best Western Plus located at 5600 Carolina Beach Road, Wilmington, North Carolina, 28412. If you cannot attend the community meeting, you can send questions and comments to gordonroaddev.grovepark@gmail.com. We look forward to seeing you at 6:00 p.m. on May 28, 2024 at: Best Western Plus 5600 Carolina Beach Road Wilmington, NC 28412 6626 Gordon Road, Unit C Wilmington, North Carolina 28411 tel: 910-442-7870 fax: 910-799-6659 Board of Commissioners - August 5, 2024 ITEM: 10- 7 - 28 ►1 ITEM: 10- 7 - 29 S • ,_W r `— • i • i Q F Lj J Board of Commissioners - August 5, 2024 ITEM: 10- 7 - 30 1 III 111` II. I I II I . P _ ZZ $ un ILD L ITEM: 10- 7 - 31 --W--- m I;s!� W c 0 V W u 30 I y,yggqq''I e ` �'4'• I yi Ohl I k I �®��� • "Nil �P • . '4Z. cF ; a4Hfe / 4 z oar o ommissloners - uqus ITEM: 10- 7 - 32 Concept Plan Board of Commissioners - August 5, 2024 ITEM: 10- 8 - 1 \ 0 \ NIE �00\PR p D00 , p�Eti' Opp �0$9 \ ss\ 10• p0,Coll ���N _ g s 34.35• I I e S> 11 � NI 71 � —`Vl � M � MI —M C Q 1 I w1 a w1 is I wl Kon le I wl 10I le 20' of III w1 inI Will a I wl a 20L is V wl a I w1 I w1 im I wl no 0 WIN w1 a w1 001 wl le wife 20' wl w l MI wI wl is I wl r 20� wRe I of /11 w1 Mw I l w 20' 1 MIN. MIN. 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ITEM: 10- 9 - 1 Designer GSP Scale 1 "=80' Drawn By Date GSP Moy 2024 License # Job No. P-0718 2022-0012 Wilmington WESTGROVE New Hanover County North Carolina OVERALL PRELIMINARY PLAN PREPARED FOR: Brightwater Development Company 213 Racine Drive, Suite 100 Wilmington, NC 28403 910-799-3006 Sheet No. C-1 Public Comments In Support Neutral In Opposition Board of Commissioners - August 5, 2024 ITEM: 10- 10 - 1 Farrell, Robert From: noreply@civicpIus.com Sent: Thursday, July 11, 2024 12:50 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject: Online Form Submission #12128 for Public Comment Form ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Public Comment Form Public Comment Form The agenda items listed are available for public comment at an upcoming Planning Board or Board of Commissioners meeting. Comments received by 8 AM the day of the applicable meeting will be made available to the Board prior to that meeting and will be included as part of the permanent, public record for that meeting. First Name Jodi Last Name Jordan Address 5615 Chilmark Ct City Wilmington State NC Zip Code 28412 Email 0odi.robinson86c�gmail.com Please select the case PB Meeting - Z24-12 - Westgrove Residential for comment. What is the nature of Oppose project your comment? Public Comment Good Morning, As a resident and a homeowner who loves this city, I would like to see the infrastructure plan that justifies the addition of more population. This city's infrastructure has not kept up with the growth. Adding 133 single-family homes could add upwards of 266 cars to the immediate area. This small part of Carolina Beach Road and its surrounding neighborhoods are not equipped to handle the influx of traffic. These are not the only 1 Board of Commissioners - August 5, 2024 ITEM: 10- 10 - 2 new residential homes being built in the area, Mott's Landing and Mott's Forest will also add more congestion. According to the United States Census Bureau, we have grown more than 6.3% since 2020 and 17.8% of our citizens are living in poverty. Are these homes going to be affordable to the middle and lower classes? This is business for some people but these are our lives that will be altered. Please take a moment to place yourselves in our shoes before making your decision. I thank you for your time. Upload supporting files If you need to support your comment with documentation, upload the files here. No more than 20MB in size total for all files. File types accepted are: doc, docx, ppt, pptx, txt, pdf, jpg, png. File 1 Field not completed. File 2 Field not completed. File 3 Field not completed. File 4 Field not completed. Email not displaying correctly? View it in your browser. 2 Board of Commissioners - August 5, 2024 ITEM: 10- 10 - 3 Farrell, Robert From: noreply@civicpIus.com Sent: Wednesday, July 10, 2024 8:38 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject: Online Form Submission #12126 for Public Comment Form ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Public Comment Form Public Comment Form The agenda items listed are available for public comment at an upcoming Planning Board or Board of Commissioners meeting. Comments received by 8 AM the day of the applicable meeting will be made available to the Board prior to that meeting and will be included as part of the permanent, public record for that meeting. First Name Tyler Last Name Jordan Address 5615 Chilmark Ct City Wilmington State NC Zip Code 28412 Email tia2756(agmail.com Please select the case PB Meeting - Z24-12 - Westgrove Residential for comment. What is the nature of Oppose project your comment? Public Comment This would significantly increase the traffic flow of Carolina Beach road. We simply do not have the infrastructure to host 133 units, which will essentially be around 133 or possibly more vehicles. The monkey junction area is already becoming seriously overwhelmed by new people moving into the city. We do not stand to make any money off of this and we are just going to have to deal with the consequences in our every day life. It is a shame to watch this beautiful beach city out grow its capacity. It was never prepared for this. 3 Board of Commissioners - August 5, 2024 ITEM: 10- 10 - 4 Farrell, Robert From: noreply@civicpIus.com Sent: Wednesday, July 10, 2024 1:18 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Biddle, Wendell; Doss, Amy; Dickerson, Zachary; Ott, Love Subject: Online Form Submission #12112 for Public Comment Form ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Public Comment Form Public Comment Form The agenda items listed are available for public comment at an upcoming Planning Board or Board of Commissioners meeting. Comments received by 8 AM the day of the applicable meeting will be made available to the Board prior to that meeting and will be included as part of the permanent, public record for that meeting. First Name Tracie Last Name McCabe Address 612 Brewster Ln City Wilmington State NC Zip Code 28412 Email Field not completed. Please select the case PB Meeting - Z24-12 - Westgrove Residential for comment. What is the nature of Oppose project your comment? Public Comment Has anyone considered the traffic created by this rezoning? This development will either empty onto Antoinette, which is already a nightmare intersection at CB Rd or the service road by the car wash that isn't built to handle this influx of traffic. This needs to be considered and rectified. Upload supporting files 5 Board of Commissioners - August 5, 2024 ITEM: 10- 10 - 5 Case #Z24-12 Rezoning Request: 12.68 acres from (CZD) RMF-M to (CZD) RMF-M Applicant: Adam Sosne, MHMJ, LLC Property Owner: MHMJ, LLC Zach Dickerson Senior Planner .. -... . . At E. . - .-- Aft - . .. .-.. . . . I I I I KENNA% Aerial.. ,1 Ak ::ate' •- �. � - y�'5c 1 t e TI ♦ i .. r�� �+. rt; f 401 Z24-12 r-7 k t. ' F• New Harm `''' Existing Site Conditions Representative Developments of Attached Single Family Plantation Village (Attached Single Family) Woodlands at Echo Farms Approved Concept Plan Connections to Townes at Park Place il� R it i�nunn'�ununnnui nununu�iimnunua nnumuiunnmu Stormwater Ponds Car Wash ------ _ _ - - - - - - - - - - - - 1-- roan urrt � rsiara� � � I ------------------ = =1= =__ _ f J -0WE Wr f�O�E�IE• M 4AAiM-Ww 6n' Amenity Area ro /�0 W U Ln t /U� � V Q) /�1 r V 0 /L V U Proposed Concept Plan Proposed .. Point Ir■r■r�r■r� r�r�r■r iru�r�r�riy �■■■ ■�■• �r■ �..r..■�� .■..�...� ,� . � � i■uu _ —F z 4ti \ ZIA ti ti, v-Iv+�l��...1..• ..��.I�.��. � �M�...I�.I.. r.F.�.I..�..�F.� .a_u k � 'II�,Q,Qt7�Q � uuu -------------- + ri 2v w ~�}�M4N}� �-i �4 �K �•}oL'IE>0(FMT 1n •:H�.h-:lr.:. '+ +� } i.Q IFM ` pa■1 I3 S1L A ltx ,4 M•}n- RR��M I loll F+o V A..s o-g1 Recreation _ — Area --- - ` 7WE'T41��f110 .s tlnm-utiui-om ------------- x �r Car Wash � � 00 S 'i .. -... . . 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I I I I KENNA% Trip Generation Traffic Generated by Present 165 Multi -Family and 35 Designation Attached Single -Family Dwelling 87 AM / 109 PM Units Traffic Generated by Proposed Designation Increase in Traffic by Proposed Designation 133 Attached Single -Family Dwelling Units - 67 Dwelling Units 65 AM / 77 PM -22AM/-32 PM Estimated Student Generation Existing Development Undeveloped Total: 0 (0 elementary, 0 middle, 0 high) Typical Development under Total: 44 Current Zoning 200 residential units (18 elementary, 10 middle, 14 high) Potential Development under Total: 28 Proposed Zoning Districts 133 residential units (13 elementary, 5 middle, 9 high) Compatibility • These properties are located in one of the county's more travelled corridors and within one of the three growth nodes identified in the Comprehensive Plan. • The project was rezoned on October 10, 2023 to a higher density residential project that included a mix of multi -family and single-family attached dwelling units. The proposed project reduces the overall density and proposes a uniform housing type throughout the development. • The proposed modification is more consistent with the neighboring Towns at Park Place currently under construction and existing single-family development in the area. • NCDOT's eventual planned improvements to the Monkey Junction area in the coming years are anticipated to alleviate traffic concerns. Strategic Plan Sustainable Land Use & Environmental Swards i Outcome Through planned growth and development, residents have access to their basic needs. Natural areas and critical environmental features are enhanced and protected. Cultural amenities that enhance quality of place are safeguarded. Connect residents to basic needs through a va ri ety of housi ng a n d transportation options. Ensure development compliments natural features. Promote the community through activities that enhance life and connect people. 95% of residential units are within a 10-minute drive of health carer childcare, grocery stores and pharmacies Increase the housing supply to a level of one residential unit rtwo residents Reduce the nu tuber of new residential lots created in specia flood hazard areas within the unincorporated county Reduce bacterial contaminants in county creeks Increase in attendance at county -operated cultural and recreation facilities Residents report their culture is valued in Ne+v Hanover County 2016 Comprehensive Plan Place Type: FutureHanover TP General Residential and Urban Mixed Use LAND USamp E e��ey o y x r ma: h�60 `F o Qt k k� ; 1 IijH,; Ln LE � L �nenntaesmen - _ v L"aaa"MIxE°"aE _-_ Future Land Use 4 a rc L`�N"u"HYM%E"°SE Brews(Uhljj GENERAL RESIDENTIAL �17 Il (rt L`°"aE""'°" ■ URBAN MIXED USE --- LwoTEnf�,aaEe Tisb Z24-12 I _u_ry Ln The FUWre Land J-Map la no[ legally b ntl'ng hka the New Hanover County ton ng Map It-s nt-d.d to ba a general fep—to- N the 25 year v s on rA for New Hanover(: a ty created bythectzans— were --d an f 2 with Plan NHC, d will be —d to gv de future development lots ons, N A Planning Board Action • The Planning Board considered this item at theirJuly 11, 2024 meeting and voted (5-0) to recommend APPROVAL of the rezoning request. • The Board found it CONSISTENT with the Comprehensive Plan because the project provides the type of use and density appropriate for the area given the project's location in the growth node and surrounding development patterns. • The Board also found recommending APPROVAL of the rezoning request was reasonable and in the public interest because the development would provide an appropriate transition from the commercial node to the single-family residences to the south and west. Planning Board Recommended Conditions 1. Buildings will have a maximum height of three stories. 2. The roadway connections to the Townes at Park Place shall be paved to the property line and gated as approved by the New Hanover County Fire Marshal's Office or obtain an access easement from the adjacent property owner to access Antoinette Drive. 3. A minimum 20-foot-wide public access easement shall be provided along the frontage parallel with Carolina Beach Road to accommodate future public bicycle and pedestrian use. ILIM q --A All mo% W7� ro 4T-V VC Ln� 'r r Ij 10 f7 FI ter,'-b ry-L- Is t Mel New Hari lot NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:8/5/2024 Regular DEPARTMENT: Planning PRESENTER(S): Amy Doss, Development Review Planner CONTACT(S): Amy Doss; Robert Farrell, Development Review Supervisor; Rebekah Roth, Planning & Land Use Director SU BJ ECT: Quasi Judicial Hearing Special Use Permit Request (524-02) — Seabreeze Single Family Dwelling — Request by Nathan Christy with Future Homes, applicant, on behalf of Terrilyn and Celecia Phillips, property owners, for a Special Use Permit for the use of Single -Family Detached Dwelling in a B-2, Regional Business district on a 0.19-acre parcel of land located at 1029 S. Seabreeze Road BRIEF SUMMARY: The applicant is requesting a Special Use Permit for one single-family dwelling on an approximately 0.19-acre parcel zoned B-2, Regional Business. Single family dwellings are permitted in the B-2 district with the approval of a Special Use Permit and compliance with additional standards listed in the Unified Development Ordinance (UDO). Single family dwellings in the B-2 district must meet the same standards as multi -family development, including that they be part of a mixed -use development. The applicant is proposing a detached single-family dwelling. Proposed conditions include maintaining the existing vegetative buffer along the side of the property, and the live oak located toward the rear of the property will remain undisturbed. The property has full access onto Seabreeze Road, an NCDOT maintained local road. As currently zoned, it is estimated the site would generate approximately 5 AM and 4 PM peak hour trips if developed commercially. The proposed use would result in an estimated 2 AM and 2 PM trips, decreasing the estimated number of peak hour trips by approximately 3 AM and 2 PM peak hour 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). The 2016 Comprehensive Land Use Plan classifies the subject property as Community Mixed Use which 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 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: Board of Commissioners - August 5, 2024 ITEM: 11 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: RECOMMENDED MOTION AND REQUESTED ACTIONS: 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. Applicant will maintain existing vegetative buffer next to existing occupied side property. 2. A large live oak found at the back of the lot is not located near the proposed structure site and will not be disturbed. 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)): Board of Commissioners - August 5, 2024 ITEM: 11 C. That the use W ILL substantially injure the value of adjoining or abutting property (for the following reason(s)): 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: S24-02 BOC Script S24-02 BOC Staff Report S24-02 Zoning Map S24-02 Future Land Use Map S24-02 Mailout Map S24-02 Application Co\ersheet S24-02 Application S24-02 Concept Plan Co\ersheet S24-02 Concept Plan Staff Presentation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) The board's decision to approve or deny an application for a Special Use Permit should be based solely on the competent and material evidence presented during the public hearing. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - August 5, 2024 ITEM: 11 SCRIPT for SPECIAL USE PERMIT Application (S24-02) Request by Nathan Christy with Future Homes, applicant, on behalf of Terrilyn and Celecia Phillips, property owners, for a special use permit for the use of Single -Family Detached Dwelling in a B-2, Regional Business district on a 0.19-acre parcel of land located at 1029 S. Seabreeze Road. 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: 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. ❑ 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. Applicant will maintain existing vegetative buffer next to existing occupied side property. 2. A large live oak found at the back of the lot is not located near the proposed structure site and will not be disturbed. ❑ OPTIONAL (if additional conditions have been identified that will bring the proposal in line with the required conclusions.) Example Motion for Denial: ❑ 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 S24-02 SPECIAL USE PERMIT APPLICATION APPLICATION SUMMARY Case Number: S24-02 Request: Single -Family Dwelling Applicant: Property Owner(s): Nathan Christy, Future Homes Terrilyn & Celecia Phillips Location: Acreage: 1029 S. Seabreeze Road 0.19 PID(s): Comp Plan Place Type: R08518-004-007-000 Community Mixed Use Existing Land Use: Proposed Land Use: Platted and Undeveloped Land Single -Family Detached Current Zoning: B-2, Business . I CC IZONING CB co R-5 R-15 IF ®524-02 FFCZD SURROUNDING AREA LAND USE ZONING North Boat Storage and undeveloped commercial lots B-2 East One legal non -conforming single-family dwelling and B-2 undeveloped commercial lots South One vacant commercial building, Boat Storage, and B-2 and R-15 Single -Family Residential West Boat Storage and undeveloped commercial lots B-2 S24-02 Staff Report BOC 8.5.2024 Page 1 of 18 Board of Commissioners - August 5, 2024 ITEM: 11- 2 - 1 • T 1� t�i 1 1001 6i:" ZONING HISTORY April 7, 1971 Initially zoned B-2 (Area 4) COMMUNITY SERVICES Public water and sewer are not available through CFPUA. The concept plan Water/Sewer proposes to connect to water and sewer through the private utility provider AQUA. Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire District, New Hanover County Federal Point Station Schools Anderson Elementary, Murray Middle, and Ashley High Schools Recreation Veterans Park, Carolina Beach State Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources on -site. While undeveloped, the parcel is located within the historic Seabreeze neighborhood. Established in the mid-1 920's, the area was a prime Historic vacation resort for African Americans within southeastern North Carolina from the 1930's through the 1950's before a decline stemming from Hurricane Hazel in 1954, financial trouble, and the end of segregation in the 1960's. Archaeological No known archaeological resources S24-02 Staff Report BOC 8.5.2024 Board of Commissioners - August 5, 2024 ITEM: 11- 2 - 2 Page 2 of 18 APPLICANT'S PROPOSED PLAN go Roa d°lit Location of Proposed Single -Family Horne Proposed Pervious Driveway Site Plan for Single -Family Dwelling with Staff Markup • The applicant is requesting a special use permit for a Single -Family Dwelling on 0.19 acres. The applicant has stated a large live oak located at the rear of the property will remain, as will the existing buffer along the west side of the property. Full vehicular access is provided onto South Seabreeze Road with a proposed pervious driveway. The proposed driveway must be reviewed by New Hanover County Engineering to ensure driveway meets pervious drainage standards for Engineering. S24-02 Staff Report BOC 8.5.2024 Page 3 of 18 Board of Commissioners - August 5, 2024 ITEM: 11- 2 - 3 ZONING CONSIDERATIONS • The B-2 district in this area was established in 1971. At the time, the purpose of the B-2 district was to encourage business development in the historic Seabreeze area. • Given the need for private wells and septic systems or the extension of private utilities, the area has not experienced the anticipated commercial growth intended by the initial B-2 zoning in the area. AQUA private water and sewer services are available in some of the Seabreeze area. • Residential uses are permitted in the B-1 and B-2 zoning districts with approval of a Special Use Permit. • Prior to the 2020 UDO project which combined and streamlined the county's development regulations, the zoning ordinance specifically stated a residential use within a commercial district may be permitted with a special use permit if it was part of a mixed use development. • Section 4.3.2.A.4 under the supplemental standards for detached single-family dwellings of the current UDO states single-family dwellings in the B-2 district shall comply with the standards for multi -family dwellings in Section 4.3.2.A.2. • Section 4.3.2.A.2.b under the supplemental standards for multi -family dwellings establishes the following ordinance standards for residential development in the B-2 district: 1. Dwelling units must be part of mixed use development established to provide innovative opportunities for an integration of diverse but compatible uses into a single development that is unified by distinguishable design features with amenities and walkways to increase pedestrian activity. 2. The development shall be single ownership or unified control of a property owners association. 3. Uses within the development are restricted to residential uses and uses allowed in the B-1 district. 4. Sidewalks must be provided throughout the project. 5. Parking location and quantity shall be shared. 6. Community facilities and / or common area shall be provided. 7. Mixed -Use Residential buildings are permitted and encouraged. 8. Conceptual elevations indicating proposed architectural style and conceptual lighting plans shall be submitted with the application. • Commercial properties adjacent to mixed use projects are not required to me the transitional buffer and additional setback requirements of the UDO. • The UDO requires single-family homes in the B-2 district to be part of a mixed -use project. Commercial development adjacent to a mixed -use project is not required to provide transitional buffers required by Table 5.4.3.13.1 or additional setbacks required by Table 3.1.3.C.1. S24-02 Staff Report BOC 8.5.2024 Page 4 of 18 Board of Commissioners - August 5, 2024 ITEM: 11- 2 -4 • A single-family dwelling unit not part of a mixed use development would trigger the requirement for buffers associated with new commercial development on the adjacent parcels. • If approved, the project would be subject to 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 DEVELOPMENT S24-02 Staff Report BOC 8.5.2024 Page 5 of 18 Board of Commissioners - August 5, 2024 ITEM: 11- 2 - 5 TRANSPORTATION Site Access N Ll ELM ST z ti m� a' W N W W Cn to Q _ Z Q 000/ W LU LL W Primary Access: 0 N Seabreeze Road S 0 °C STATE AV CURRENT CONDITIONS Intensity of Current Zoning Typical development under current zoning would allow an approximate maximum 2000 sq ft commercial establishment. PROPOSED ACCESS Primary Access S Seabreeze Rd S24-02 Staff Report BOC 8.5.2024 Page 6 of 18 Board of Commissioners - August 5, 2024 ITEM: 11- 2 - 6 EXISTING ROADWAY CHARACTERISTICS Affected Roadway S Seabreeze Rd Type of Roadway Local Road Roadway Planning Capacity (AADT) 4,000* Latest Traffic Volume (AADT) 400 Latest WMPO Point -in -Time County (DT) N/A Current Level of Congestion Available Capacity NEARBY NCDOT STIP ROADWAY PROJECTS No Nearby STIP Projects TRAFFIC GENERATION Traffic Generated by Present Designation Traffic Generated by Proposed Designation Potential Impact of Proposed Designation AM Peak Hour Trips 5 2 -3 PM Peak Hour Trips 4 2 -2 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). SUMMARY The proposed project is located along a local road that currently has capacity. Seabreeze Road is currently accessed off of Carolina Beach Road, a principal arterial highway which is heavily traveled but with available capacity. Though there are no STIP projects in this area, this development would result in an overall trip reduction from what could be developed with the existing zoning. This project would have very little traffic impact on the surrounding area. *Seabreeze Road does not have a listed planning capacity. The WMPO and NCDOT use a base 4,000 vehicles per day for those road types because it is the minimum threshold necessary for NCDOT to discuss roadway capacity improvements. S24-02 Staff Report BOC 8.5.2024 Page 7 of 18 Board of Commissioners - August 5, 2024 ITEM: 11- 2 - 7 ENVIRONMENTAL Se dbree2e ROad i Or • The majority of the property is within AE Special Flood Hazard Area. Approximately 360 square feet in of the parcel along S. Seabreeze Road is within the VE Coastal High Hazard Area. • The concept plan shows the proposed house in the AE zone. The project does not propose any development in the VE zone. Development within the Special Flood Hazard Area is required to meet the additional development requirements listed in Article 9 Flood Damage Prevention of the UDO. • The property is not within a Natural Heritage Area. • The property is within watershed 14 that drains to the Intracoastal Waterway. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class I (Suitable) soils. The applicant proposes to connect to private water and sewer through AQUA. S24-02 Staff Report BOC 8.5.2024 Page 8 of 18 Board of Commissioners - August 5, 2024 ITEM: 11- 2 - 8 OTHER CONSIDERATIONS Schools • Students living in the proposed single-family dwelling 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 0 dwelling units would be permitted under the current B-2 zoning base density, and 1 unit could potentially be developed under the proposed project. • Based on a generalized historic generation rate*, staff would estimate that the increase in one home would result in approximately 0 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 11,000 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. This updated study has not been fully reviewed by Planning staff or presented to the Board of Commissioners. That is expected to occur in early 2024. Development Type Intensity Estimated Student Yield (current general student generation rate) Existing Development Undeveloped Approximate** Total: 0 (0 elementary, 0 middle, 0 high) Typical Development Under 0 residential units Approximate** Total: 0 Current Zoning (0 elementary, 0 middle, 0 high) Proposed Single Family 1 residential unit Approximate** Total: 0 Dwelling (0 elementary, 0 middle, 0 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. **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 S24-02 Staff Report BOC 8.5.2024 Page 9 of 18 Board of Commissioners - August 5, 2024 ITEM: 11- 2 - 9 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 Assigned 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 Comprehensive Plan and the UDO both use the term "mixed use" in different contexts. • The Comprehensive Plan is a guiding policy document for future growth and development. The place types in the Comprehensive Plan are intended to indicate preferred development patterns for a given area and are not parcel specific. • The UDO's requirements are parcel specific because they establish the specific standards for how a parcel is developed, including allowed uses, buffers, landscaping, and sidewalks. • While the parcel is within the Community Mixed Use place type, the proposed development is for one single-family home on a commercially zoned parcel which requires a mixed -use development established to provide innovative opportunities for an integration of diverse but compatible uses into a single development that is unified by distinguishable design features with amenities and walkways to increase pedestrian activity. S24-02 Staff Report BOC 8.5.2024 Page 10 of 18 Board of Commissioners - August 5, 2024 ITEM: 11- 2 - 10 • The site is located within the Seabreeze community, which served as a beach resort community for African Americans from the 1930's to the 1950's. While the site is undeveloped, a few structures from the Seabreeze community remain in the surrounding area. • In 1989 the community was the focus of the Seabreeze Small Area Plan. The recommendations for the area included revitalization of the businesses and redevelopment of the waterfront. However, this revitalization has not been accomplished since the adoption of the plan, and some of the historic structures have been converted into luxury homes. • While the historically commercial area of Seabreeze has not experienced the commercial growth anticipated, there have been recent commercial rezoning requests along the Carolina Beach Road corridor at the entrance to Seabreeze indicating a shift in development patterns. • The existing land uses within the area include a mix of small and large single-family dwellings and boat storage. Proposed Conditions Applicant Proposed Conditions: (additional conditions may be added that will bring the proposal in line with the required conclusions) 1. Applicant will maintain existing vegetative buffer next to existing occupied side property. 2. A large live oak found at the back of the lot is not located near the proposed structure site and will not be disturbed. 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 SeabreezP � Seabree2e-RaS� oath ;0 CIO Q� m a a Future Land Use U GENERAL RESIDENTIAL a COMMUNITY MIXED USE Site CONSERVATION S24-02 Future Land Use Community Mixed Use Map Place Type S24-02 Staff Report BOC 8.5.2024 Page 11 of 18 Board of Commissioners - August 5, 2024 ITEM: 11- 2 - 11 Place Type Description Focuses on small-scale, compact, mixed use development patterns that serve all modes of travel and act as an attractor for county residents and visitors. Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi -family and single-family residential. The 2016 Comprehensive Plan classifies the parcel as Community Mixed Use, which encourages mixed use development patterns to include office, retail, mixed use, multi -family, and single-family development. The Comprehensive Plan is a guiding policy document for future growth and development. The place types in the Comprehensive Plan are intended to Analysis indicate preferred development patterns for a given area and are not parcel specific. The UDO's requirements are parcel specific because they establish the specific standards for how a parcel is developed, including allowed uses, buffers, landscaping, and sidewalks. 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: ❑ 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: S24-02 Staff Report BOC 8.5.2024 Page 12 of 18 Board of Commissioners - August 5, 2024 ITEM: 11- 2 - 12 Example Motion for Denial: ❑ Motion to deny the permit because the Board cannot find (choose all that apply): 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)): ❑ 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)): S24-02 Staff Report BOC 8.5.2024 Page 13 of 18 Board of Commissioners - August 5, 2024 ITEM: 11- 2 - 13 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. Public water and sewer are not available through CFPUA. The concept plan proposes to connect to water and sewer through the private utility provider AQUA. B. The subject property is located in the New Hanover County Southern Fire Service District. C. Access to the site will be provided by one full access driveway on South Seabreeze Road. D. The proposed use will generate an estimated 2 AM and 2 PM peak hour trips. E. Seabreeze Road does not have a listed planning capacity, indicating the road is below capacity. The WMPO and NCDOT use a base of 4,000 vehicles per day for those road types because it is the minimum threshold necessary for NCDOT to discuss roadway capacity improvements. F. The subject property is within the AE Special Flood Hazard Area and a portion of the property is within the VE Coastal High Hazard Area. Development must comply with Article 9 Flood Damage Prevention. G. Veterans Park and Carolina Beach State Park are within proximity of the proposed development. H. No conservation resources exist on the property. 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. Single -Family Dwellings are allowed by Special Use Permit in the B-2, Regional Business zoning district. Table 4.2.1: Principal Use Table references Section 4.3.2.A.4 which states S24-02 Staff Report BOC 8.5.2024 Page 14 of 18 Board of Commissioners - August 5, 2024 ITEM: 11- 2 - 14 single-family dwellings in the B-1 and B-2 districts shall comply with the standards for multi- family dwellings in those districts. B. Section 4.3.2.A.2.b.1 states dwelling units must be part of mixed -use development established to provide innovative opportunities for an integration of diverse but compatible uses into a single development that is unified by distinguishable design features with amenities and walkways to increase pedestrian activity. The proposed development is solely for residential use. There are no other uses or pedestrian amenities or walkways outlined in the proposal. C. Section 4.3.2.A.2.b.2 states the development shall be single ownership or unified control of a property owners association. The site is under single ownership. D. Section 4.3.2.A.2.b.3 states uses within the development are restricted to residential uses and uses allowed in the B-1 district. The proposal is for residential use. E. Section 4.3.2.A.2.b.4 states sidewalks must be provided throughout the project. Sidewalks are not proposed within the project. F. Section 4.3.2.A.2.b.5 states parking location and quantity shall be shared. The concept plan shows a parking area for the single-family home. G. Section 4.3.2.A.2.b.6 states community facilities and/or common area shall be provided. No community facilities or common areas are provided. H. Table 4.3.2.A.2.b.7 states mixed -use residential buildings are permitted and encouraged. The proposed development does not contain any mixed -use residential buildings. I. Table 4.3.2.A.2.b.8 states conceptual elevations indicating proposed architectural style and conceptual lighting plans shall be submitted with the application. The application includes an elevation of the proposed house. No exterior lighting is proposed as part of the application. J. Section 9.8.1.A requires all new construction and substantial improvements be designed (or modified) and adequately anchored to prevent flotation, collapse, and lateral movement of the structure. A Floodplain Development Permit must be approved before construction. K. Section 9.8.1.B requires all new construction and substantial improvements be constructed with materials and utility equipment resistant to flood damage in accordance with the most current version of FEMA Technical Bulletin 2, Flood Damage -Resistant Materials Requirements. Construction materials and utilities must be approved by staff through the Floodplain Development Permit review process. L. Section 9.8.1.0 requires all new construction and substantial improvements be constructed by methods and practices that minimize flood damages. Construction must be approved by staff through the Floodplain Development Permit review process. M. Section 9.8.1.D requires all new electrical, heating, ventilation, plumbing, air conditioning equipment, and other service equipment be located at or above the Regulatory Flood Protection Elevation (RFPE) or designed and installed to prevent water from entering or accumulating within the components during the occurrence of the base flood. These include, but are not limited to, HVAC equipment, water softener units, bath / kitchen fixtures, ductwork, electric / gas meter panels / boxes, utility / cable boxes, water heaters, and electric outlets / switches. The concept plan includes a proposed HVAC pedestal. The pedestal and other equipment locations must be approved by staff through the Floodplain Development Permit review process. S24-02 Staff Report BOC 8.5.2024 Page 15 of 18 Board of Commissioners - August 5, 2024 ITEM: 11- 2 - 15 N. Section 9.8.1.E requires replacements that are part of a substantial improvement, electrical, heating, ventilation, plumbing, air conditioning equipment, and other service equipment also meet the provisions of Section 9.8.1.D. Construction must be approved by staff through the Floodplain Development Permit review process. O. Section 9.8.1.F requires replacements that are for maintenance and not part of a substantial improvement, may be installed at the original location, provided the additional and / or improvements only comply with the standards for new construction consistent with the code and requirements for the original structure. No structural or mechanical replacements are anticipated as there are no existing structures. P. Section 9.8.1.G requires all new and replacement water supply systems be designed to minimize or eliminate infiltration of floodwaters into the system. The project proposes to connect to a private water utility. Q. Section 9.8.1.H requires new and replacement sanitary sewage systems be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into flood waters. The project proposes to connect to a private sewer utility. R. Section 9.8.1.1 requires on -site waste disposal systems be located and constructed to avoid impairment to them, or contamination from them, during flooding. The project proposes to connect to a private sewer utility. S. Section 9.8.1.J states nothing in Article 9 Flood Damage Prevention of the Unified Development Ordinance shall prevent the repair, reconstruction, or replacement of a building or structure existing on the effective date of Article 9 and located totally or partially within the floodway, non -encroachment area, or stream setback, provided there is no additional encroachment below the Regulatory Flood Protection Elevation in the floodway, non -encroachment area, or stream setback, and provided that such repair, reconstruction, or replacement meets all of the other requirements of Article 9. T. Section 9.8.1.K prohibits permitting new solid waste disposal facilities and sites, hazardous waste management facilities, salvage yards, and chemical storage facilities except by variance in accordance with subsections 6 of Section 9.7.5.1, Conditions for Variances. A structure or tank for chemical or fuel storage incidental to an allowed use, or to the operation of a water treatment plant or wastewater treatment facility, may be located in a Special Flood Hazard Area only if the structure or tank is either elevated or floodproofed to at least the Regulatory Flood Protection Elevation (RFPE), and certified in accordance with the provisions of Section 9.7.2.C, Certification Requirements No such facilities are proposed. U. Section 9.8.1.E requires all subdivision proposals and other development proposals be consistent with the need to minimize flood damage. The proposal does not include any subdivision of land. Construction must be approved by staff through the Floodplain Development Permit review process. V. Section 9.8.1.M requires all subdivision proposals and other development proposals have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage. The project proposes to connect to private water and sewer utilities through AQUA. W. Section 9.8.1.N requires all subdivision proposals and other development proposals to have adequate drainage provided to reduce exposure to flood hazards. A Floodplain Development permit is required before any construction may begin on site. County Engineering has indicated that no drainage permits are anticipated, but that would be determined during the building permit review process. S24-02 Staff Report BOC 8.5.2024 Page 16 of 18 Board of Commissioners - August 5, 2024 ITEM: 11- 2 - 16 X. Section 9.8.1.0 requires all subdivision proposal and other development proposals have received all necessary permits from those governmental agencies for which approval is required by federal or state law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 333 U.S.C. 1334. All necessary permits are required prior to final approval before any construction may begin on site. Y. Section 9.8.1.P requires that when a structure is partially located in a Special Flood Hazard Area, the entire structure shall meet the requirements for new construction and substantial improvements. The proposed structure is entirely within the AE flood hazard zone and must comply with flood hazard prevention requirements. Z. Section 9.8.1.Q requires that when a structure is located in multiple flood hazard zones or in a flood hazard risk zone with multiple base flood elevations, the provisions for the more restrictive flood hazard risk zone and highest Base Flood Elevation (BFE) shall apply. While the parcel is in both the AE and VE flood hazard areas the proposed structure is only within the AE flood hazard zone. AA.Section 9.8.2.A requires that new construction and substantial improvement of any residential structure (including manufactured homes) shall have the reference level, including basement, elevated no lower than the Regulatory Flood Protection Elevation (RFPE). Construction plans and elevation certificates shall be reviewed for compliance at time of building permit submittal. 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 project proposes a Single -Family Dwelling on vacant property located between existing properties zoned for commercial purposes. B. Land uses in the immediate vicinity of the subject site boat storage, vacant commercial land, and single family residential. C. The UDO requires single-family homes in the B-2 district to be part of a mixed -use project. Commercial development adjacent to a mixed -use project is not required to provide transitional buffers required by Table 5.4.3.B.1 or additional setbacks required by Table 3.1.3.C.1. D. However, if approved as requested the single-family dwelling unit not part of a mixed -use development would trigger the requirement for buffers associated with new commercial development on the adjacent parcels. E. No contradictory evidence has been submitted that this project will substantially injure the value of adjoining or abutting properties. S24-02 Staff Report BOC 8.5.2024 Page 17 of 18 Board of Commissioners - August 5, 2024 ITEM: 11- 2 - 17 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 currently undeveloped. B. No known cultural or archaeological resources are identified on site. C. The site is bounded by commercially zoned property. D. Land uses in the immediate vicinity of the subject site are residential and commercial. E. The proposed use will generate an estimated 2 AM and 2 PM peak hour trips. F. 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 0 dwelling units would be permitted under the current B-2 zoning base density, and 1 unit could potentially be developed under the proposed special use permit for an increase of 1 dwelling unit. Based on a generalized historic generation rate, it is estimated that the increase in homes would result in approximately 0 additional students than would be generated under current zoning. Anderson Elementary School has a current capacity of 7 0601o, Murray Middle School has a current capacity of 107 %, and Ashley High School has a current capacity of 700.5%. G. The 2016 Comprehensive Plan classifies the project area as Community Mixed Use, which encourages mixed uses to include: office, retail, mixed use, recreational, commercial, institutional, multi -family and single-family residential. The proposed request is for 1 dwelling unit. H. Additional conditions have been proposed regarding the preservation of a specimen live oak and the retention of the existing vegetative buffer. S24-02 Staff Report BOC 8.5.2024 Page 18 of 18 Board of Commissioners - August 5, 2024 ITEM: 11- 2 - 18 Case: Site Address: Existing Zoning/Use: Proposed Zoning/Use: N S24-02 1029 Seabreeze Road S B-2 Single -Family Detached Dwelling { Annie Lee Ln 1 A,. S / \_Rd s I \uth _. 'Saltspray. Ln ar AV Board f Com s i n r - ugust 5, 02 Free` - Zoning CB 0 B-2 0 R-5 0 R-7 0 R-15 �E] FF C Z D 0 S24-02 Case: Site Address: S24-02 1029 Seabreeze Road S �SeRd North Existing Zoning/Use: B-2 Annie Lee Ln Site th Saltsprav Ln IBoardf Com s i n r -August 5, n Av - Proposed Zoning/Use: N Single -Family Detached Dwelling Ak Future Land Use GENERAL RESIDENTIAL COMMUNITY MIXED USE I CONSERVATION 0 S24-02 iNC Site Address: S24-02 1029 Seabreeze Road S �ea& reeze Road North Seabr ee2e RO d a South Saltsprav Lan Existing Zoning/Use: Proposed Zoning/Use: N B-2 Single -Family Detached Dwelling Ak Site Nearby Properties Parcels within 510 feet S24-02 ITEM. 111- 5 - 1 Initial Application Documents & Materials Board of Commissioners - August 5, 2024 ITEM: 11- 6 - 1 NEW HANOVER COUNTY IL DEPARTMENT OF PLANNING S LANE) USE 230 Government C*rrt*r Drina, Suite 1 10 Wilmington, Norttr CCFOJ rw 2 840 3 Telephone (910) 799.7165 PAX f910) 798.7OS3 p4wriniwn9de► olopmeM,nhcgav-corn SPECIAL USE PERMIT APPLICATION This application farm rnust be cornplaftd ar part of a special use permit app4ica#ion rubrrlit*d through Ow coww+ dy's online COAST portal. Tho main procedural steps In"wbmaitaf woad rwevlew of applications ore outtinfd In the flowchort belaw. 141orws }pocifit svb+rmal and r"*w requirementt, at well ag the ttando-rds to be applied in reviewing the appiimiloN are W out in Sectlon 10.3.5 of the Unlfled Developnnirr! Ordlrwonce, (Optional) Pr#-Appwawm Ganr� ■nc r '!1 00 Proposed vra h ciatwrfled at ar1191"llve ind VrV, r,e QpPlicom, rhall conduct (3 carnn+Unlly Infarr*arion rn9e1iRy In Pc-.4mdawr with 4540ion 10.2.1, r.p-FF1ynH X Wofmarign mWelin4. 1. Appficanf and Property Owner Information A pOcarri/Asw Memo Nalhan Christy Company Future Honws Address 16663 Highway 17 N. City, Stater ZIP Hampstead. NC 28443 Phone 910_270.3313 ltnsil nat$ iuturehomesnc.com Owner Name Iif different from Appiicont/Agent) Terrdyn 3 Oelecia Phillips Cam Pony{Ownee dame NA Addms L 809 Bluebird Lane MY, State, Zip Wilmington, NC 28409 Phan* 910- 00-4742 Email to rrpKIDS (P 9mail . caul Board of Commissioners - August 5, 2024 pa 1 ai 8 ITEM: 11 7 1 ,>pwtC101 V$e Permit wpprca6aA-Updatool 42-2022 2. Subled Prepwty Information Address{locaFim 1029 S. Seatweeze Fled Parcel ldentificalion Nvm6er(s) R08510-0 4-007-000 Total Paecel(s) Acr"ge l Existing Zoning and Wets) Future Land Use ClassiFicartion A 9 Aems 82 Regional Business Slrlgle-FamAV Detached . Proposed Zoning, Use(s), & Harrative please list the proposed uses) all the aubjoct proport'l, and provide the purpose project narrative (attach additional pages if nomssary). of the special use permit and a PropOSed Plan: 2 Story z;[rkiC1ure 1hal will n1t*t hegght FouireLmentS. dpproxirndrely 2500 SCItt thal will Sill on alt high p Mg5 per Surveyor elevation study to meet A Ik3ad zone requirements (See concept plan for dotads). Proposed use: Sirgia•Farrwly dalached dwell N as'specificafiy lisled' in Table 4.2.1 of UQO- 'parr rtted su"ecl to app+avat of a special use permit- (4-2�1 Pnncipal Use Pwmrssaonsl. A5 indicated by aSien5k q--) beside an to a Cell.' under section 4 2 t C . Our proposed use �s Sublecl To use-specrlic Slat' dwdlf4 as outlined in secpoo 4.3. Standards for '.,-pecffmd Principal Uses. in the respeclrve zoning di.51nCt.' ChN Proposed use meets these requrrements Isee Concept Plan and auachcnental. 4,3.A-4., Single-tarnrty Owffllrrlg5 ir1 B-t 2r14 9-2 OSlfKtS Shill tOnlPty wrlh me Slanow4!9 roe rriulti-laeni y *ffb"s r1 fnose Ostrrct5. 4.3.2.A 2b Muth-larrwly dwellings in the B- t and B-2 di5trC15 shall comply wdh the 104anng standards: (1-41. (See Concepi Plan) Dialing i,nrts mupt be earl of mixed use de,relaprrrenl .. A single family detached done" is pipwed end erltauf&gad "Part of mixed U$Od deveIWrr$mnl (,500aliathg¢ suppaernental rnaterial-p (See also New Hanover County FLdlu m t Lhe W4 41 Attsdw*fS} k should be parnled out that rrw)Led use development allows for slrlgie-fames res.dence and is ollen confused with mrxeduse resrdenass thal conlarn ham residenlral and commercial use utidei or* cool. lSae ArWe 11 Measurements and Oehnilrans of UDOI. PIlr pre-sapplKation Oorltererbw held On Wednesday. Aonl 24, 202e, TW PrOPOsed StnaClure n+eets Set b%aCk F-4lllfmltl-rill -Of newerow Multi -Family Low Defisny (AMFLOI Iwe C4nCetpt plan) 4. Proposed Condition(s) Pleave rlpte= Within O specFOl the permit prbposol, Odditionol conditions and rtLquirements which represent OreOIV restficlions on the development and use of rho property than the corrosponding zoning district regulations rncy Ise added, These conditions may assist in rnitigoting the imposts the propos" development may have on the surrounding Community, Please nisi any Conditions proposed to be included with this special use permit application below. Staff, the Norning Board, and Board Of Commissioners mny propose additional tord&ons during t11m review prmesS rho? meet or exceed the minimum requirements of the Unified Developmern Ordinance. VAN montaln exrSliiing vei ptanvB bum next W exr5 OMpod $40 pr Y A aarge live oak lound at the back cA the lot rs nil healed near the proposed Slruclufe silo and wrl not ere diislutect S■m Attachmamts Board of Commissioners - August 5, 2024 Page 2 of d ITEM: 11- 7 - 2 Special Use Permit AppIicafion — Updated 02-2022 S. Traffic Impact please provide We estimated nunhber of (rips generated fof the prapa%ad srse(s) based o" the mast recent versiert of the lt►slitulo of Tfoffic Eagineer: OTE) Trip Generation Manual_ A Ttaffit ImFmrt Analy6s (TIA) musl be completed For all proposed developments that to#notate more than 100 peak hour tripsr and the TIAk must be Included with this appiistati*n, ETF Land Use: No Code far S4rgte-Family del ached. Single Farrirly Attached - 215 Trip Generation We sired Variable (groat floor area, srwalliing un*a, 00 om Dwo kV unit AM frank Hwr Tirliov 2 IPM Peek How Trips! 2 b. Criilaria Required for Approval of a Spacial Use Perm" .A► use dedgnaied as a special use in a porti€ular zoning d1strltt 1s a use that may be appropriate in the district, burl becnuser of Its nature, extent, and external impods, requires special Consideration of its IocQfian� design, and methods 01 -operation befor* it cars b& deems-d appropriate iri the district rind eampatible —ith its surroundings. The purp-oso is to ostsablish a uniform rnechanism for the review of special uses 1G ensure they are appropriate for The location and Zoning disfriCt where they are proposed. I=pr each of The four Fequired conclusions listed below, include OF attach a statement that explains haw any existing conditions, proposed derelopmear features, or 01her relevartit fOCfi wOVld nllOw 1110 Beard Of COurdy Cgrrrmissioners 10 reach The requirsd conclusion, and aflach any additional documents or moierials that provide supporting fsactual evidence. The Considerplions listed under eQCh rewired tGnclusipn we simply those suggested to help the pppliCont understand what mar be ronside(ed in delermining w.hethef a reciijired conclusion can be met. Any additional tonsisieratiam poren ially raised by the proposed use or development should be :addressed. 1. the lase will net wAtwially erAco ee the public health or safelt If located wham pmpwmd and approved, e Traffic conditions in the vicinity, including tlse effect of additional lroffm on sfree fs and swool +ni rw0oos, sand sighl knes at sheet inferrechoris with curie cull; ■ provision of services and utilities, including sewer, water, eleckkol, garbage collections, fire protection: IN Soil erosion and sedimenfalio+l; • Jarofectaon of pubbe, community, or private waiter sUppJrsf, including pas:it"advarsw offectt an surtace wafers or grpvrrdwater, or s Anticipoted air discharges, including passible odv rsr effecla on air quality, Our proposed use {shown in concept plan) MN not materially endanger the putAic hea?fh nor safety if located where proposed and approved. No measurable impacts or hardsNps to Jiaff is conditions in the vocinity since the proposed use is for Single -Farnily detached dwelling wrlh less Plan an estimated three peak hour Ir,pS Itotal InpS made by families chvK*d by Icial households). Property has mess to water, sewer and electrical power suppled by Aqua and Duke leaver. The proposed slructure has no anItcipated air discharge nor possible adverse effects on air quaIity. See Attachments. Board of Commissioners - August 5, 2024 Pago 3 of 9 ITEM: 11- 7 - 3 Special also Pet mil Applirc"ion - Updosied 02-7022 $, The use meets -aII required conditions and spet ificat ians of the Unified Dew* loprnent Ordinance, Per pre-apicalR:pn conference head on We&*sday. April 24. 2024, the prOpoded Strut lure meels sel back revuiremenls of Resideniq Mulb-Famlly Low Density (A WILD). Isee allachmernl) Retying cn the standareda of RMFLD Residenlial Multi -FamiIV Low Den-srty • the concept plan shows the minimum sa Mack and buffers are reel Sit IOI sgft rtti,rrrrttium. So 11 m.nwnurtt lot width, 20 tt'Frprnl Solback, 10 h Slide $IreBI SetbaCk, S 11 &do InlSr4r SeMaO. 15 1111 Re0r set rck Proposed use Sengie-Famdyr de lachod dwelling as "specifically listed" in Table 4 2. t of UDO, 'pwrmM@d subject to approval of as I I use perrTW 14.2.1 Principal Use Potmissonsl. As rnditaled by "asterksk l""'1 beside an 'S' in a Cell.' tinder section 4.2.1.C., our Groposed: use -is woed 10 use -specific $1anddr - aS pulirrsed in seclron 4 3. Starudards for SpeDhOd Principal Uses. on the toapective zoning district " Our proposed use meets these recjoic nits (see Concept Plan arrd allacnments) 4 3.A.4.- Singole family dwellirgs rn $-1 and 0-2 dislrects Shall comply with the Standards lof rFuAli-larmly dwellings in 1he" dislricts. 4.3.2.A 2b Mufti-lamily dwellings in 0.1 and B•2 disoicls shall cornply ww9h the Iolk)tiwing standards: 11-41. (See Concept Plan}. Dwelring uruls must oe Gail 01 mixed use Om+HOpmenl A S0911e-ilamrry rjeldCW #welling iS dMOwed aind encoufage(l d9 part Ot ma used eve dlopment (See all ached supplemental rnate►lalSj ISee also New Hanover County Pulure Land Use Map)(See altachr.rert ). 3, The use will not subsiontially injure the pique of adjoining or abutting property, or that the user is a public necessity. Conspderbhom. ■ The relationsil-lip 00 rile proposed use grid the chairgcfer of develcopn gent to rwirwnding uses grid development, nt, rnclud+ng possible cwn#iicts between there grid haw these conflicts wJ11 be resolved (iR. buffers, hours of operation, efc-)- • Whether fffe proposed development is so n-tcessary to Noe pau6;ic Imuhh, safety, arnd general welfare of #w comrwn4ty rr County as o whole as to pushfy if rtgurXess of its rmWO an the +glue of odioirWng property. Our propoma Single-Farllrly Delached Dwelling is rn ante wrlh Now HarwDvew County's Land U&O plan Iw rnixed use Oeveicpmott and community mixed used development (See Atlacnmertl). As of 2012- the makeup of the Community consists op boat simage lots {one wngte owner), a Jel Sba rental lot, a residence used commercially as Bed and Breakfast and wo more residennal dwellings. So. our use as a residence mil help balance the Character of the Community {See atlachmentsl 3.t.3.0 Addresses a change rn the required setbacks when a commercial use abuts a single-larnrly reasrdeardi.al use. However, the adjacent properties to our pmposed single•larnrly residential use do not conlain any sm,cluros aft should not suffer any hardship Irorn our use a single•falnlly res4doLnllai swelling (see atlachmentsI- The use as a Singki-Family Detached OwellIng is lspKffically liSUW art fie 41DO Table 4.2 1 of permitled uses in Itie B2 Distnd as a use "subject to arse-specilic standafds as indicated by an asterisk beside "S' and lherefare carrres the pre sumplron of not" adviarsely aflacung thia n"htsartraod` and should be considered 'in harmony wrlh the general zoning plan.' I}er cases law N61h ShQre Slack Flause, Inc. vs Board at Appeals of Ihe3 Inc. Village -of Thxnaglpwn, 3SNY 2d 238 (1$72). Board of Commissioners - August 5, 2024 ITEM: 11- 7 - 4 Page 4 of B Special Use Pi: rrnil Application — Vpdated 02.2022 4. The location and choracW of the va* if dovoloped according to the pion a& timbenil ed and approv*d will be In harmany with lire area in whach it is to he located and in jilener,pl confoirrniIy wilh the New Hanover Ci4U111 y f:omprahensivo Land Use Plan. * The relationship of the proposed use and 1t►e charocler of development to surroundiw uses and deve+oprnent, including passible ronfiicts between them and how these conflirfs wdli he reseAved (i-0- buffers, hours Of oprrdfron, etcj. ■ Cortsi5tency wdlh hhe Comprehensive Pfan's goals, vh�ectdxes for the various planning areas, ifs defimbons of the variput lend use clastofic* iaru crxd oclixity cenfrlrt, and its iocofponai dandards- The proposed use does not 'change charmer' of aammundy hurt arihially reinforces sotidifres. and balances the currert rrkk otcocrrnemral and rssK1@MjaJ makeup of the commurifty. (See Garr** Plan and acid Monad attachinenlsl. Ow p !!pn inti SiVe-panty delached aweliiing is in line with New Hanover County s Future Land Use pLan for mixers use dWR*Vmenl (See Attadvrrent) 1113 Elm Street is orie of ftee existing residential properkbes in 132 S-eabreexe Area The Second residential propeiirly al 1124 S Seabreeze Rd is used CommercLally as a bed and b*eaVa5t. The Mira property is unoccupied at 1 135 S Seabreexe fid Our proposed use is Fri Ir,e with the expstiIN residenlhal pruperty's character. style. and height. As of 2012. the makeup of the community constsls of boa! staorage Voss [one singVe owner]- a Jet Sru rental Vat. a resider used commercially as Bed and Breakfast and ane olher reswdential dwelling. No known adverse efleels except a change in gethwk regULrerrenis for opmrnernal lais abutting res4enl&al Lkses are expected. This Change only applies to pne Vol. An exisliN butter omit be rnanianep to mitgate this Change Board of Commissioners - August 5, 2024 ITEM: 11- 7 - 5 Page 5 of ti SpeckA Use Permit Appikariion — Updatad 02-2022 Staff will use the fallowing checklist to determine the completeness of your opplicatlon. Please verify all of the listed items are included and confirm by initialing under "Applicant Initial,,. q on item is not applicable, mark as "N/A". Applications determined to be incomplete muse be corrected in order to be processed for further review; Staff will confirm if can application is complete within five business days of submittal. Applican! Applicorion Checklist 2-7� 0 This application form, completed sand signed ❑ Application fee: • $500, $250 if application pertains to a res[dentiel use 41,c., mobile home, duplex, family child care horni-,l. ❑ Traffic Impgch Analysis (if Applicable; The official TIA gpprov€al lather is recommended prlar to this itom going placed on the Planning Board inGeting agenda, r The official TIA approval Ictti�Lr is recruircd priorto this Item being placed onthe Board of Commissioners meeting agenda, �}._.. .. ...- -- El Conceptual Site Plan including the fallowing 117inrmunl alelranrs- • Tract bi Qndarics and total area, location of Adjoining parcels and roods • Proposed use of Ianct, 5tru€turns and other improrcrncnts For residential uses, this shall rndude raunaber, height, and type of units,, cared to be occupied by each structure; and/or sobdlvWn-d baondories. For norr-rttidential uses, this shall include apgroxinicto square footage and height of cacti structurcr an outline of the ar-ea It will AKcup , anti the spn-cific purpost-s for which It will be used. * Praposcc; transp-urtcatron end parking improvoinents; including proposed rights-of- woy and roadways; propvscd access to end from tho subject sits; arrangement and access prvvrsions far parking erecs_ • All existing Qnd proposed easements, ragtrirod sotba€ks, rights-cf-way, Qnd buffering. • The Iocotion of Special Flood Hazard Areas. * The cpproxirnate location of regulated wetlands_ t A narrative of the existing vegetation on the su6iect srte. ir,rIvding the approxiinate Iocatrcrw, species, and Size (DISH; of regulated trots_ For seta l,-25s rhan S a€ros, the axccr location, spa€ics, and sixcd (DBH; of sinnclmen rraos ,Host be, Included. * Any additional condrxiom and rccivfrenionts that represcnt greater restrictions on development and use of rho tract than the corresponding general use diltrict regulations or additional Jlrnitatlons on Jp-nd that may be regulated by Federal or Srate low or Iocal ordinunce. Any ether in€armatlaro that will faclllrata review of the proposed spatial use pArn)if �Rcf_ S42Vlan 10.3.5, as applicable) — Applications far uses in tho Intensiwc industry category must also sul5rnit= • Community mccting written summary • A list of any locc-1, state, or fedcrral permits squired for use Quo (1) hard copy of ALL documents and site plan. Additional hard copies may be raquired by staff depending on the size of the document)sita plan. ❑ One (1) dig€cal PDF Copy of ALL dvcumf�nts AND plans E] For wireless supporr structuros or 5viusrantial nivdlfl€atioos, the eleinent5 listed on the attached checklist Board of Commissioners - August 5, 2024 ITEM: 11- 7 - 6 f'ogc6of8 Special Use Pcrmat Applicorin — lipdatcd 02-222 . Ackno ledgemerit and *Signatures BY MY 519nvfure below, I undetstand and a=ept all of the eonditlnnsr Irmltatlam, gnd abligarions of the special use Pormit for vehrch r am appIylr1g- I undlorstar+d That the existing OffcFeki Zoning flap is presumed to be eorreel_ I understand that J Have the burden of proving that the proposal meets the faur required Condu;ions, l certify tFra1 this apPliaation l$ ccmplere and that all Irlformatlon presented irr this applieatlon 1% aCcurote to 1118 best of my kngwledg#, infgrmaticry qnd belief, If CIpPI'feable, I alsp flpRornt the appircard/agent os listed an this opplieatlorn to represent me or1{d make decisl*Ms cn my behcif regtrrdrnq this appirtati-I during the review process. The applicant/agent is hereby authorrzed on my behalf ta,, 1. Submit an apFlicaIIon including all regVrirod supplemental information trrbd matoriaIs, 2. Appear at PliblIc hearings to give representation Gnd comments; 3_ Act Gn my behalf without limitations with rega d to any and all thrngs drrectly or rndlrectly €arrnecied with or arising out of this ppplicctFon; Crud A, Prov'de written conseni to any and oil conditions of approval_ p 'jrlafu of Prapeaty ner(s) Prini N •(sj Sig na re of APpl ica M/Agent Print #Marne Note= LrSis form must be sl4a ned by the awner{s} of retard. if therm are rnultrple prpp erty owners, a signature is req.uired for each owner of reayrd. The I wrk" air their att r us reien+for the applicptran at the preliminary forum and eublie tin if an UPOJ cdnl requests cteJcry of consideration fripm the Pkinning Board cr Board of -cnonfy Commissioners before nofipe has them SOnf to the t5*w4rAag9r, the iteno wiJJ lie caJ'endored for the r►axf mecring oral no for wiff be required, if aleicy is —9vwted after notice has been sent to the newspaper, th& Rmcrd will ucf an !hc requesf at the scheduJetf meeting and are under no 0"igotron to grant AW wnitr7Wnn€e_ ff the eonf rtvQpce rs granted, a fee in crccordance with the ado Pfed f c schedule as publish+ed en lJ& New Hanover County Pfvnn;ng wehs;te wi) he regLr;rod, Page 7 of 8 Speelor Use Permit Applkt;Hon— ilgdate d 02-2022 Board of Commissioners - August 5, 2024 ITEM: 11- 7 - 7 Telecommunications Requirements Checklist Requirements for Wireless SuPpvrt 5lr1jctVres & 5wh0anlial IM odificaiions Al414Aarit €ertIfying the construction and pro€ement of wrreless lacilrfi*s meets the of the Federal Corrmunicfflions Ad, 47 U.S.C. � 332, as amended, srdlon 6409 of the PAWdlr Class lox Relief and Job Crearian Att of 2012, 47 U,S-C, 4 1455 (a), in acrordanco with the rules promulgated by the Federal Communicarions Commission {FCC), and all other applicable federal, state, and local Ia ws- Simuloted phatographic rwidarice of thw proposed oppeafonce of duet wireless support strmtwe and wirel#ss Iociliries from -aI leost Forw (AN v rrlago points and a i1arerrwnt os to the potenriol visual and a -@%thank impacts an atl adjacirm res'rdrrrtial xoning di+trial, DeterminaPion of No Hazflrd To Air Navigaiiork or other applicable determinufion by Phe Federal Aviolion Administration (FAAI Li -pan review of FAA Fgrm 7A60- F=or Nrw Wireless Support Structucws: information or materials proYidrng rvid4pme Ihcn collocolinq n#w antennae and equipment on an existing wireless Support strudure or structures + ri"n the appll£ard's seafth ring is not reasonably feasible- Per NCGS 160D-933, €allocation on an exPstinq wireless sup part shucfiure is noP reasonflbly feo6ble if the collocation is tedwi€filly or cornmrer€lolly impruvrical or the owner of"existing wireless support structure is unwilling to erner into a €antra€# For such use of fair market value. App ant Ire kd Board of Commissioners - August 5, 2024 ITEM: 11- 7 - 8 Pope d of d Special Use Permit Application — Updofed 02-2022 lApplication 2Application 3Application 4Application 5Application :Phillips: 1029 S Sea breeze Rd. 28409 Attachments Proposed Single -Family Detached Dwelling lommissioners - uai 5, 2024 SiMPLTE (i5 V2074 9 1Application 2Application 3Application 4Application 5Application :Phillips: 1029 S Sea breeze Rd. 28409 Attachments Conceptual Plan I MICE +� I 11C EIP 3{4' OF 3 BG COkAITE IL Y � I 4 y y MP&M FIEFS 1 I 1 e.N x 14.o 1 �L OM bm j y ROPOSM 27 6 I 1 HE6E5Tati �+ � t MW IE l l PFPr.M i'MA40 F4FIgY� o y � ON�,RAtiT1d1i � J itrM W pMla y 1 11 1 f h 1 5 L 4v OS �19Q� 1 330 -•� AM � 71F AM FZ4 (7 d } airE 4F" y 31 WFrH FACER IM F 4 L" WFfH kO+R 15M h r 1 arr sMEry. P"3PEMM ` PFPAXts � S FF>X v a GRAN ---Board � aaA ---Board of Commissioners - August 5, 2024 'M:11-7-10 lApplication 2Application 3Application 4Application 5Application Phillips: 1029 S Seabreeze Rd. 28409 Attachments I 74 s1.w 4TR#i�T3'fr� {•�43 �. w 4 .s w � 1 t mow• _�. _ F y 4 • �� -- BCJLRIGAR• §ukvEY a� PRUJUINARY PLOT P"m r "'�.�'#��.3P.*'�"' F -_ __ _ -- ____ -- .,•� �c C�'LdLY.f Pli'JI�LIPS• _ rCCICIF+L I'a/.T TC-0,5,—W* -00n7R7 {=. . C '� +.ur.• � a`. air as '� ` _ �+� +�'�R �iW'� Board of Commissioners - August 5, 2024 SimpkT06s V2074 11 w lApplication 2Application 3Application 4Application 5Application Phillips: 1029 S Seabreeze Rd. 28409 Attachments Buffer Board of Commissioners - August 5, 2024 simplITEW V2074 12 lApplication 2Application 3Application 4Application 5Application Phillips: 1029 S Seabreeze Rd. 28409 Attachments Property Description EXHIBIT „A" BEGINNING AT A EXISTING IRON PIPE ON THE NORTIi SIDE OF SR. 11331 (SOUTH SEABREEZE ROAD) AS SHOWN ON A MAP OF SURVEY OF nIE EXISTING CONDITIONS IN BLOCK �H" SE,ABRME FOR FADWMAR SNEED AND 5ADIE WADE BY M.F. L'NDERWOOD, P.L.S. MAY 29, 1970; SAID BEGINNING BEING LOCATED SOUTH 68 DEGREES 15 MFi LUTES 27 SECONDS EAST I90.21 FEET AND NORTH 5 DEGREES 20 MIN Es 33 SECONDS WEST 15.08 FEET FROM THE INTERSECTION OF THE CENTERLINE OF 5.11. #1531 AND TIE CEIN''IERLINE OF S.R. #1528; RUNNING THENCE FROM SAID BEGINNING NORTH 5 DEGREES 2a M NL"TES 38 SECONDS WEST 147.69 FEET TO A EXISTING IRON BAR; RUNNING THENCE SOUTH 69 DEGREES 20 MINUTES 35 SECONDS EAST 65.00 FEET TO A EXISTTNC AEON PIPE; RUNNING THENCE SOUTH S DEGREES 20 MINUTES 35 SECONDS EAST 148.12 FEET TO A EXISTING IRON' PIPE Ili THE NORTH SIDE OF S.R. #1531: RUNNING THENCE WITH THE NORTH SIDE OF S.R. 41531 NORTH 69 DEGREES 00 MINUTE$ WEST 65A9 FEET TO THE POUNT OF OEOINNI?iG_ CONTAINING 9640 SQUARE FEET MORE QR LESS AND BEING THE TRACT OF LAND C:OINV8YED BY EDWARD R. GREENE TO CRAVE?i IRV1N AS RECORDED IN BOOK 435 AT PAGE 199 OF T14E \TW HANOVER COUNTY REGISTRY AS SHOWN ON A MAP OF SURVEY OF TIIE EXISTING CONDTTIONS IN BLOCK "H' FOR FAD WMAR SNEED AND SA DIE WADE. BY M.F. UNDERW DOD, P.L.S. MAY 29, 1970. SUBJECT TO ANY RIGHT OF WAY THE N,C. STATE HIGHV,AY COMMISSION MAY HAVE OVER THE SOUTHERN PORTION OF THE ABOVE DESCRIBED TRACT. Zoning B-2 NH ■ 1 1017 1021 Board of Commissioners - August 5, 2024 snpkTEMs 4)12-o74 13 1Application 2Application 3Application 4Application 5Application Phillips: 1029 S Seabreeze Rd. 28409 Attachments Property Survey > u, 6 ° W M.T[,SS.EOy f rIMae*'.tug+' c� � 09.« LVG 14� y_ la+' 139.fi9' N N Wr LI�� v'I � " _ .. . � 0V�I MOVEal p3a53'1-3' W y y $ r 4DU ,+ �+ �I LLEf ENTELSE LyC r 09 i5t'+ PG 266 � t yy a - � — Cl/*4 y15}}II IIII'lll r ~'+5 4U,UI Aej %� Fr�,1 } r11111141111 tit #; r,� f ---� R �p Board of Commissioners - August 5, 2024 SimpkT06s V2074 14 lApplication 2Application 3Application 4Application 5Application Phillips: 1029 S Seabreeze Rd. 28409 Attachments Lot Info Tree Retention Specimen Tree 44 Specimen Tree Live Oak is not in buildable area of property and should remain undisturbed and protected. IA a w 4n C+] SEAR STCRAC r 0 DB 6236 � �'9#1 i ° Ig EIR IN 09 CONC T r' EIR 1N CONCRETE AREA 4191 SQfT VACANT Board of Commissioners - August 5, 2024 SimpkT06s V2074 15 lApplication 2Application 3Application 4Application 5Application Phillips: 1029 S Seabreeze Rd. 28409 Attachments AE Flood Zone 6M,r.p ppopr- r Gre W11 FLOODMAP Subj.1 1024SUGkEEZE Rd5 'h'ILF+tfMG7�M, NL 29�49 J� F f FLOOD IMFGRMATON Wes- r-hy: NE4VHAND'VER PKWty rr In a FEldh 5W141 F" HALWO NO - HIP R OL pl.m: Z.— AF M.,r a t.. 0&2&2U1k r ips. 31129 Soutw! FEMA DFIRM t6a"D . _ reMA "UU FkMd Kk"Id Arm IlaTR`h Flwe! VyM.; ice, w n,,. ,. �_ ,. Q��y. ,-�.n�.�+.7w,r,,.,+..+=d�=ate-+,,.�r ....y • .ww4= F—Wit r--A- a!t.—'-4.Yr4-1a�.au_w+.+.F�u.ti A— Board of Commissioners - August 5, 2024 SiMPLTEW V2074 16 PRELI M INARY FLOOD STUDY INFORMATION - mere infe- { d Zones 2018 ,,, x•1 k+-P, -6 u' k\AWi I I � ® Water• Sewer Services n. Address: South Seabreeze Road, Wilmington, - • NC (approximate) ku High Medium LowFRIS ; HAZARD is fi .R Flood Zone, AE'° Ba E,e Flood E lev: 13 f . lApplication 2Application 3Application 4Application 5Application Phillips: 1029 S Seabreeze Rd. 28409 Attachments Elevation Requirements 2-2 sruc4t, IlNl�i 1 1i1 �n11` it 1 i 1 Board of Commissioners - August 5, 2024 Sim PLTE s(i5 V2074 18 lApplication 2Application 3Application 4Application 5Application Attachments Phillips: 1029 S Seabreeze Rd. 28409 1113 Elm Street is 1 of 3 Existing residential properties in 132 Sea breeze. The second residential property at 1124 S Sea breeze Rd is used commercially as a bed and breakfast. The 3rd is unoccupied at 1136 S Sea breeze. 4:Ili 1136 S Scabreaze Rd Wilmington. Nf:9fb40!1 �SEABREEZE AREA 02 Since 2012, commercial establishments operating in the eabreeze 132 area 7. include Boat Storage FO..Facilities and a Jet Ski Rental d t E'c114DPJ=CW e.rr s.LL �r W-LR.W wr l w N —11v12hd { ` WR+nVGbDR hC -,r+:rr-,r,.. , VAI,... Ynx It-u t ma LL F�1b Yc Goff mwkd i L—J lb 6.1. JAW xJIL 4li ..:rL I.L it'S Elm at vnmhgbDR No 2sd 8Ingle family 80¢'I+ � In 20M S..: U Shr. iF.s hoar. 1� � Cdt Fwcd Proposed use poses no adverse affect to scale and character of existing properties and uses. Board of Commissioners - August 5, 2024 simpleTEMs V2-07- 19 lApplication 2Application 3Application 4Application 5Application Attachments Phillips: 1029 S Seabreeze Rd. 28409 SEABREEZE AREA B 2 ner B2 lots ned in 2012 esidential OLD B-2 Area - FI E ZE --�_ WATERFROF.? -Sear�ez ■CWMMCUL«r tL5 MNIL* y —e3 oo�nrx�m l�x� 16 3TL RIMM J '-irrrrla� = I MdIRE k� .3artrR HG FU{E 'l1EE JIB —',pF.IWEN T7I& ti _;,Ex ,.TV ,WI --* ans . - sw�•� � � , t Current B-2 Area of Sea breeze i r 1G� F[M FBW3 LDWC Inv'J�1 � CF- r:EJ Board of Commissioners - August 5, 2024 simpleTEMs tVL074 20 lApplication 2Application 3Application 4Application 5Applicati� Attachments Phillips: 1029 S Seabreeze Rd. 28409 A Look Back at B2 Zoning The highway business zone allows for the highest intensity of business in the county and was put in place there decades ago. In the late igSos, county planners held community meetings on how to preserve the history of the area along -."th re -vitalizing it, and they adopted a plan for a coa sial business and residential area similar fo the Airlie Road conununity near Wrights%-Me Beach. But, for whatever reason, nothing ever happened as planned- -There's been no action, no d&-velopment activity for commercial properties. So someone decided they wanted to look therefor houses,,' ft rj�ing Dimctor his O'Keefe said. Board of Commissioners - August 5, 2024 SimpkT06s V2074- 21 lApplication Attachments :Phillips: 1029 S Sea breeze Rd. 28409 2Application 3Application 4Application 5Application Future Land Use ppro dir" Moore told P IDr BURNCTT'R - '+xkLCr-6RDOK. INLET-POINT-DPJW referring to spot zoning. RFJ•t'krat {h' 4d rFf Rh41N 0{ilt CAPE 510E DRrt'F r 1 t 'r.TM —SOUNOS01 DRN{ -S{'dfJR{.F�r J 'S}.I.1 i I'HFY Lh tit Future Land Use Map V-2xt: EAstin- Zunine Disuius New Hanover-County-s future land use map indicates the proposed development could be community mixed -use. (Courtesy NH Board of Commissioners - August 5, 2024 simpleTEsW V2-074 22 Attachmen ss1A lication 2Application 3Application 4Application 5Application Phillips: 1029 S Seabreeze Rd. 28409 New Hanover County Future Laud Use May Future Land Use Map MY c;]wwgAcG ZONE_ Y, ryFLorntnT GENTEY 4} ,?L I}EMER/E AEt9sNTIaL QL ynRaN rl xGo- u Et xM -ow rmxmm — YI1EO CIE .;q're`wl iaw•irr Sr.,i..w�: ' 7} '� RURAL RE #CFxrur L'nw Pre rr ra �' cr�-.�ry.orm.rhR! .. �- .ea^4Jwscm„_ ax lccI. JAO.',C , 4 l L 7 d18YrTH NG6EL 1 WJLTIER FEATYni ■ 6 The Fume L m] Use Kip * rhgt Legally mnunq We the H Yw Hanaror CaunTx 7weD Map Tts inWWIIv4tc be a p.n■nI r"n!iLmEahen of ihre M year-eirmn # #,Ins Hwaw r Ca-_ n. emait6 trf the CIIQ4nL *rho wry irwlred with Plait NHC 8 to used 4P gMi¢r imam derekpmenr neelsroos. Board of Commissioners - August 5, 2024 simpleTEW V2074 23 lApplication 2Application 3Application 4Application 5Application Attachments Phillips: 1029 S Seabreeze Rd. 28409 Community h3ued CT&e Thts place type foe uses on small-scale, compact, mixed use deveiopmem patterns chat serve all rnodes of travel and act as an attra€te r for couocy residents and visitors. These areas share several qualities with higher-irxtenuty mixed use place types, includingfirst-flog retail With office and housing abpve• wider skdewalks, and an emphases on Rr"tscaping. Hoyvcv4r, these centers are generally small and no more than a few square blocks. Civic uses, particularly reefeatpon and meeting places, are encouraged here. Typically, large-scale, lower density rommerbal and indusrri-el developments are incompatphle. The {enter$ are generally Smaller and enroufage mare housing options. Types cf uses include officer reUil. mixed use, recreacional, cornntercial, rnsucucronal, and multi -family and sFngk�famdy residential, The arras applicable far this place type include Caster Hayne, Sidbury Road. Carolina Beach Road, Ogden, and Northchase. Pedestrian arnenFries should include sidewalks, sxree?; and shade trees, sn-eet furniture, and bike racks. Building he`g}rt could range from one w three stories depending on tree use- The ideal density for m ulti- family and single-family resFdenual uses are moderate (ranging up to 15 units per acrey Hovrever. Iower-deFrsity single•fennily resFderitial develblament may be hereptable when lim"tiom to roused -use development expsts. Density within the Community Mixed Use place type may be limited by flood plain, wetlands, and other natural or man-rnade features. Mixed use centers should be appropnacely located where infrastructure can be ava ilabie to serve d+e needs of & mixed use cammu Airy. Areas d isconnetted to mixed use centers may not be appropriate for increased density. The following goals from Chapter 3: Framing the Policy will be promoted epihirr the Community Mixed Use pia€e type. • Promote environmencelly re*,ponsib#e grovrth, Promatr fiscally responsible growth. • Increase recycling and reduchan of solid waste- C"OIri-rouI1l T BEd Use This place type focuses -Dn small�scaIe, compact, mined use development patterns that serve all modes of travel and act as an attract -Dr for county residents and visitors. These areas share several qualities tr,lith higher -intensity mixed use place types, includingfirst-floor retail with office and housing above, wider sidewalks, and an emphasis on streetscaping, However, these centers are generally small and no more than a flew square blocks. Civic uses, particularly recreation and mee-ting places, are encouraged here, Typically, large-scale, lower density commercial and industrial developments are incompatible. The centers are generally smaller and encourage more housing options. Types of uses include office, rt=tai1, mined use, recreational, commercial, institutional, and multi -family and single-family residential, • Conserve and enhance our Lin que senw of place w acyact lndMduals, companies arnd orgarn:atw L • Revitalize cornrnercial corridors and blrghced areas ritrough snflll and redevelopment. Su ppon business success. Support health promotion and disease prevention while minimiDrig debrlaaTing eifeem of mental and phys4cal di,sa bi lines, • Su pport waMoree development and economic prosperity for all.. • Use puWrc infrastructure imprpyernenis vo leverage pnvace mVestmenxs- Acuvely promote high quality educamnal and diverse culwral o.ppvrrunmes for New Hanover County residents and vpsiiom Board of Commissioners - August 5, 2024 simpleTEW I)1a074 24 Attachmen ss1A lication 2Application 3Application Phillips: 1029 S Seabreeze Rd. 28409 4Application 5Ap,_ Character of Mixed Use Development C- mmucti m wnirea. leas pn ject deUve[;' $� enecg+ salntia� in lit~, ... hops''. uuu_uux mcgaloe.tom b5sxed-use-eaar£arta�,ncJ l MVVEAVEr{ xmowela-e Whds'eck5 ftle<tswnes OraNarlxu xov wa6mWus C Laalls reenbridge Mixed -Use Development Mie d-Use Derelopmentim Chapel"Ill. NC fi � :: :' idle i5 311 �r/rQYa;l'�4 rp�7�CilFYersyiraamer = 3orau5rY�^ 6f a 54rf P itOr/ t+_1. -c_1=3ten-slnrybuldirl;[he:pray" 97cny-.Two.,andthrte-becirmw {11--r .. The urit3■man%baure pffWf4q rawarrd oftrdabl■hcurirtE unis 7t� - -"a--.1wirKAwind33fMscrusredretalre--allarid afteeipLK@Ihe _ _ eolnep tow plam ardfloor-m ceiling wirrJbM.A'WrLRS inn _�ca 3'e f6tfi *_-s"pa cerdLwdKlov.+drd&3rwErtcen_er,a30- sEgtmur,+F."''-A Lhkffbor. a p.Li OWO 5grlh 311M ar-J rir.wr2'r3. uhd&jmund3ar- Ig.rgpftgpprden; Full c3odEggarrdaditevearU;drtlEr' eahawk Landing MbMA-Usede'MeFOplfleWin WIhMb4ffbXkHC Seahswk I.dnding pri rdvg a xtal of 170 studtnt xmru repu ieYJud1r-211 hedr6r6r1X 49 ihrPe-detlrwn irrd 110faur-bsdr3orn uniSiThe aMORWHXY, t4etYro Irvingoraldirigareas,racy Mel,[hrra,privro-brd=msand har'N'a*m _wd rra"m 3rd drphm '4 her (e M.ffe! lrwjL de i ftn49f W-, K and staff al`k es, mail +acaty.Intla450OW-gIIonn mrrligaftNCIdbillhum W9u1bsthirISart& tNsprrwtizidStydgrthousergx combined xith3onmenewAsoryLsandwich 9l[yl,endwME90x*5aahwir LeMinq was comple[[d MO mflm lS a14' 9f =Jm&kwRffi1352JXOBtsaairfl: vat rrgr-othevansr- Single-Family Detached Dwellings are included in the makeup of mixed - use development. Board of Commissioners - August 5, 2024 simpleTEW I)VL074 25 1A lication ttachme 2Application 3Application Character of Mixed Use Phillips: 1029 S Seabreeze Rd. 28409 DEFINITION This platarypt prov des apporwity kw In—or- darmiry hauling and g*KKipind ci-ic and corpmersipi rerripj4- rfousirkq it tyrpicallly sir%gda• famine W duploxd* w;i'h selbasfrs on all zadez- flack son !t She langa, a1 �J. ra Va iniip wido- {ommereial usm should be Iimimcl % trffioo and retail zpacei in rureNWy JoDourd weal wKGr* neighkborlwad charac%r will be errhoncwd, xhil4 racraohdn 8M1d Ictmal fflp7ifies ore DESIRE€} USES Typos of Uses J Projects SiA&-Family Rasidlep ioi Love-Densiry Multi-FarniIy Residential Light Commer6al C-ivk Kecroationol Development # � q R i y ;�4 4 Oro 10 EXAMPLE AREAS w%ceLproged through". Acaast m Qt4kcscutlyde ihiddle.;mod thess raiidgrrtiPl o---t is provided by arliriul Mgrtle Grove Fppd-. ys, be still alikr.nng far irrleraarrnociH casFLe "Wyna bat�.aen other pFaasi}rpes, �*a. IiASiting eul•di•lOCI is QnQGuFayad M proveato barter lrarlsrs tiaek WFlglrribOFO i+rlernal siFwlprion and minimizing higw•'rolum* rrgffk rgods within tM a-rea. Firwding hq=gFd Mosanboro ivop a-roidar►€& shmild 6e +akin iiniv c4n!;id-aFcF'rihi1 —hen aburhng €oorigl QFW:q Mix of Uses 4 roa HOUSING DEVELOPMENT INTENSITY jrlaLs+rlg r S€gt,F Rtoammardvlidrt Use aF Stories I Ideal l5ensiryr Q�+f4ea r I - 1Eergi- `' 14�� PYPrrrrrd ds++siwxnarr i Ltw+- [1rno�r fviuFli.F+geri y 3ilrgLµ, Fprr�il�� kosidanrin MODE CHOICES Fr4•rspor W rion kdrotMY AYre A-t EGrP1MdtM*A0f s S.h 4 .;At ­ L. f— w .) 14 tQ- 1-2 IoY -3 kW.dkgm 14 �-6 d i 'atra 1-3 1-6 drt -ace• t rypicaJ Zoning Cnfcagarim Law Density kesidewW I Medium Dan ny Residential OKire & Insriil rionnl Planned Chit Developmi-anr Urban ncsr9rs Rey Warpad• Grid R # limmbd Car.da.sau ' # 1WW2 kerylk- S•elmaris: lkas:� ilrl; AWW iFTirrr sr-w c.F in iM W*h aX4Mffg da+QLVPrnr:rrt Nalwrer dewiak Away From fi4 street pedelhion Aimn lws; Sidw uft% Srraar Ttaar, Open speek %Nit Board of Commissioners - August 5, 2024 SimpleTEWs V2.074 26 lApplication 2Application 3Application 4Application 5Applicati� Attachments Phillips: 1029 S Seabreeze Rd. 28409 Addressing and Mitigating Hardships TYPE A; OPAQUE BUFFER, COMBINATION FENCING AND VEGETATION JOPTIUH 3) PERMEABLE FENCING If permeable fencing 1s used. planted materials shall provide approximately full opacity within one year of planting- See Screening Materials section for planting guidelines to achieve this level of apatlty- fteqWired fencing materials shall be 14cate4 between the fence and the G4mmon property line. A Buffer is One way F 11 D ■ tall to mitigate an arising hardship from a change in awloli `1j setback requirements. 0 $0013 FENCING If solid fencing is used, pianted material shall provide a minimum of approximately 50 percent visual opacity at She time of initial Planting. escfi�erlingMaterials sectinnfor plantirtgguidelinestoachieve this level of opecity- Vegetation Shall be planted between the fence and the nonresidential -or attached Stniclure iF the -required buffer is 15 ft- or less in width. In all other Cases, required planted materials shall be iocated between Ih@ fence and the corn ntion property line. NHC Tree and Landscape Manual t301tYf�4111fi4L�1t'i tAF9 1 r �nrx 1p ft +*,r�yn 1=evrtl� r r Gxi1>vu P1uFxylY I inc s 1[ lei at WIV Q1 GWWU loaf 38 Board of Commissioners - August 5, 2024 simpleTEMs tb12-074 27 lApplication 2Application 3Application 4Application 5Applicati� Attachments Phillips: 1029 S Seabreeze Rd. 28409 UDO Table 4. L• 1 Principal Use Table .. l Use Table Pleormittedby Right 5= 5pecial Ioning dis rIct I tiLL� 2W� �L Agrku Ural usi�5 Ago iKult4.dlarmlFgreslryuses. P P P P P P P w N r3 P P P P P P P P P P P P P general jr F-Jb ;0)K Liweslo[k Sales Stable Frrrraxxx Wholesale Nursery P P- F; P- P! P P *,33 P P P P P P P P P P P P P P P P Resldential uses HouseFwld Living Drwelling.Duel-UnitAruched P- P' P" P' P P P P P P JP 5• 1 S- I P 1 43,2 pMelliny,.Mulli Family:o-p�-nv P- P' P' P' P- P' P' P' P• P` S. S- P 4.3.2 Dwelrry,Q%jmlrs116eK P- 13' Pv P• F P P P P P P S. S# P 4,3.2 (ling, $angle-Farrely DLtached Dwelling, Triplex P P P P P' P` P P' P' R P P P P" P' P P" P` ' F 5 P P P P P P f P P P P P P P ? F ? f. P P P S' $' P ; P a.3.3 4 3 2 4.3.2 s' 5' a Dwelling, Raw-StylP Dwelling. Two Famrly [Duplex! S. _ S' S' P S P P P P 4.3.2 LjweA Wrk or (arecaker Unit P' P` 5' ' S" 4.3.2 Mr�ls1k� Piurrw Mahile Noma Douhlewide Mobile Home Park 5 P S P P P 5' 5" S•' 4.3.2 P` P* P' P• F* P' P' S` 4.3.2 5' S" S' 5* P 43.2 Mobile Hoare Subdivision 5 S S S 5 S Ser" Living; 4ndeperJdent Living RetiremventCornmuMtp ri i-ro-." S S S eS p P P P P P P [,romp Loring Famiy(&P* Home P• P- P` P" P• P' S* P' P' P• P- P- P• Pb 4.3.2 Frale n")5ororitS+ rtmk kvwx 5' S• 5• 5' P' F" P' P- 4.3.2 4.3.25*r9fXLtin GMW Rome P` F" P' P• P' F- P• P" P' P" F- V ! AsslstoUwl 5* 77t S' S- S' 5' I S- S' F- I P- S' S- 5' 4.3.2 Board of Commissioners - August 5, 2024 simpffEhis 112074- 28 lApplication 2Application 3Application 4Application 5Application Attachments Phillips: 1029 S Seabreeze Rd. 28409 iOiT 1021 i w 1013 1025 1 D - - 7 702 7703 770� ■ ■ * �7707 hh7 _1003 ■ �1 45A14 7715 B2 Full View Present 763 ■ Board of Commissioners - August 5, 2024 simpkTEMs I)1a074 29 lApplication 2Application 3Application 4Application 5Application Attachments Phillips: 1029 S Seabreeze Rd. 28409 3.4.5. REGIONAL BUSINESS {B- } DISTRICT A. Purpose The intent of the Regional Business (R-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- ohonted uses that meet the needs of the motoring public or that rely on pass -by traffic. B. Concept C. Use Standards AJlovred uses and use -specific standards for principal, accessory, and temporary uses are established in Article 4: Uses and Use -Specific Standards. Board of Commissioners - August 5, 2024 simpffEl As I)1a074 30 lApplication 2Application 3Application 4Application 5Application Attachments Phillips: 1029 S Seabreeze Rd. 28409 I A121 S�7 Though undeveloped tared 15 spread afro55 the unincorporated areas of New Hanover County, some of the largest contiguous parts knclude the northwest comer and the northeast section of the county around the I-140 corridor, Sidbury Road. nobly Shelter Road and Greenview Ranches. Other major areas include Wrightsboro and Castle Rayne. Although the marsh area between Wrightsville Beach_ Figure Eight Island and the Intracoastal Waterway appears undeveloped on the map, these areas are still parceled out and +mod privately. Development in these areas is uniikely, but the lartid will continue to appear in parcei.based anatyses. No Significant Natural Heritage Areas Board of Commissioners - August 5, 2024 simpleTEMs tb12-074 31 lApplication Attachments Phillips: 1029 S Seabreeze Rd. 28409 E Coates' Canons NC Local Government Law 2Application 3Application 4Application 5ApplicaV QUASI JUDICIAL EVIDENTIARY MATTERS: QUASI JUDICIAL Coates' Canons NC Local Government Law "Fvcry ggEn$1-i13diCiR1 decision sLt ll be W-3cd u1P611 COIhpel; i.W, tiLaletial, and subrLauuiai MiLlrrn-e in Ike F%moa' (NC:(A 16L)A- 1LxJc�)), Withotit gush ,-idcncc, the dccl.ion is a.rbilmry anli an abilse of lhr diKX1i1J3f VC-6LCL1 in LILG board Cik)d eX V. ZLmin1 Komi of Ad jusl �tmcw, 317 N.C.. ; 1 (19M)}, So what is Prima Pack enbl emenl ea reran -wh^7. . 0&-Si f:a'cnal pr� I he .arm r3quires that speed use permit hearings are quasi judicialprommclings This essentially means that the permit-i ruing v.ltulority must half a proceeding that rese Res a court pm ee ding, and must Nse hs decisio-lsolely an mmpeerte idenee Presented by the applicant and adiers wFa are enli Jed to participate in the pualic hearirg Anyu1 pronidi-1g Le5tilnauymv LLeawwr in prim to Le!firtirg. AddiGaualLy,nieipbt!rsarLtie peniil-i5 uirgaLthar.yniaynuLLeather1Fra arAn elide-iLe pries Lo the lleurii%aud lnelnbe❑ -nhu'm,. urrJixlu� eapartywiMimiialium .egal Jint; llle -uauer ul hare u" liwed opinion p1 L1 lU 11eu1 ilig Lim ni9uei dial iy rlul susceVMe Lu cW-ic e ' 0101. If 44Se'I'C� ISk1're} a Coates' Canvas NiC Local Government Law Board of Commissioners - August 5, 2024 simpffEhIs V2074 32 Concept Plan Board of Commissioners - August 5, 2024 ITEM: 11- 8 - 1 I, JOHNNY J. WILLIAMS. PROFESSIONAL LAND SURVEYOR, CERTIFY THAT THIS MAP WAS PREPARED UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION COMPLETED ON 04/23/2024 FROM REFERENCES AS SHOWN HEREON; THAT BOUNDARIES NOT SURVEYED ARE NOTED AS SUCH AND PLOTTED FROM REFERENCES AS SHOWN HEREON. THE GPS PORTION OF THIS SURVEY WAS PERFORMED AS FOLLOWS: CLASS OF SURVEY — A; DATES OF SURVEY — 04/23/2024; POSITIONAL ACCURACY — 0.09'; TYPE OF GPS FIELD PROCEDURE — RTK: DATUM/EPOCH — NAD83(2011); PUBUSHED/FIXED CONTROL USE — N.C. VRS NETWORK; GEOID MODEL — 2018; UNITS — US SURVEY FEET; COMBINED GRID FACTOR — 1.D0008534 THE CONVENTIONAL PORTION OF THIS SURVEY HAS A RATIO OF PRECISION IN EXCESS OF 1:10.000 AND IS ALSO PERFORMED TO A CLASS A SURVEY AS DEFINED BY TITLE 21, CHAPTER 56, SECTION .1603 OF THE N.C. ADMINISTRATIVE CODE; JOHNNY J. WILLIAMS, P.LS., L-3170 EIP EXISTING IRON PIPE EIS = EXISTING IRON STAKE EPK EXISTING P.K. NAIL ERR = EXISTING RAILROAD SPIKE ECM = EXISTING CONCRETE MONUMENT EMN EXISTING MAG NAIL IPS = IRON PIPE SET ISS = IRON STAKE SET MNS = MAG NAIL SET SSS = SURVEY SPIKE SET ESS = EXISTING SURVEY SPIKE ECS = EXISTING COTTON SPINDLE EAI = EXISTING ANGLE IRON EIPP - EXISTING IRON PINCH PIPE CMS — CONCRETE MONUMENT SET NP = NONMONUMENTED POINT SC = SUBSURFACE CORNER AG = TOP ABOVE GROUND SURFACE BG = TOP BELOW GROUND SURFACE R/W = RIGHT—OF—WAY t CENTERUNE t = PROPERTY LINE NCGS - NORTH CAROLINA GEODETIC SURVEY — — — = LINE NOT SURVEYED = OVERHEAD UTILITY LINE DOLEY ENTERPRISE, LLC DEED BOOK 5545, PAGE 266 (ELM STREEG. I SURFACE CALCULATIONS: TOTAL LOT AREA = 8,171 SO. FEET AREA OF COVERED HOUSE FOOTPRINT = 1,327 SO. FEET (16.2X IMPERVIOUS) TOTAL IMPERVIOUS AREA - 1,327 SO. FEET (18.2X) APPROX. AREA OF ROOF OVERHANGS OUTSIDE OF HOUSE/BUILDING FOOTPRINTS — 155 SO. FEET. AREA OF DECKS, STEPS, ETC. 224 SO. FEET AREA OF PERVIOUS DRIVEWAY = 922 SO. FEET RENEE T. HUGGM DEED BOOK 5414, PAGE 1688 O = UTILITY POLE / �s �s. NON—MONUMENTED POINT UNLESS 6JT9• K, OTHERWISE LABELED NOTES: \ \ , 50/8" EIS \ WI 1) THE PROPERTY SHOWN HEREON IS LOCATED THIN A o GRADE \ \ SPECIAL FLOOD HAZARD AREA (ZONE AE AND VE; BFE=13') ACCORDING TO FLOOD INSURANCE RATE MAP NO. 3720313100K DATED AUGUST 28, 20111 2) ALL UTILITY LINES SHOWN HEREON MAY HAVE EASEMENTS AND RIGHTS OF ENTRANCE AND MAINTENANCE ASSOCIATED J� \ WITH THEM. 3) ALL DISTANCES SHOWN HEREON ARE HORIZONTAL GROUND IN U.S. SURVEY FEET UNLESS OTHERWISE NOTED. 4) THIS PROPERTY IS CURRENTLY ZONED B-2 AND WILL BE SUBJECT TO ALL RESTRICTIONS IN THE NEW HANOVER COUNTY LAND USE R_F_FF_R_F_N_l_:F__C_• S'Q ORDINANCES. NEW HANOVER COUNTY SHOULD BE CONTACTED \ FOR DETAILS ON RESTRICTIONS PRIOR TO LOT IMPROVEMENTS. DEED BOOK 6572, PAGE 1811 \ THESE RESTRICTIONS MAY INCLUDE, BUT NOT BE LIMITED M. \ y \ SETBACKS HEIGHT RESTRICTIONS, IMPERVIOUS SURFACE ADDITIONAL RESTRICTIONS MAY PARCEL I.D. R08518-004-007-000 REQUIREMENTS, ETC. APPLY IF THERE ARE RESTRICTIVE COVENANTS ASSOCIATED WITH THIS \ PROPERTY. SURVEYOR HAS NOT PERFORMED RESEARCH TO R� DETERMINE IF RESTRICTIVE COVENANTS APPLY. THE SETBACKS SHOWN ARE PER RFML (MULTI —FAMILY) WHICH WILL BE REQUIRED FOR A SPECIAL USE PERMIT. C-PROJECT. PH UPS, TERRY - 0424 - SEADREEZE FILE NAME: PHTER0424 CRD FILE PHTER0424 GRID TIES AND COORDINATES: EIS NO. 100 — NORTH = 115,779.079 EAST - 2,335,820.859 EIS NO. 102 — NORTH = 115,796.623 EAST = 2,335,759.227 BOUNDARY SURVEY AND PRELIMINARY PLOT PLAN FOR: TL' WLYN PHILLIPS AND WIFE, CL'LffM PHILLIPS CURRENT OWNER: TERRILYN PHILLIPS AND WIFE, CELECIA PHILLIPS PROPERTY ADDRESS: 1029 SEABREEZE ROAD SOUTH, WILMINGTON, NC 2841 INDIVIDUAL TRACT ON N.C.S.R. 1531 (SEABREEZE ROAD SOUTH) FEDERAL POINT TOWNSHIP, NEW HANOVER COUNTY, N.( DATE: APRIL 24, 2024 SCALE: 1" = 20' ✓ WAWY J. FIZ"A" Z",O SbrM71A1Ir P. C. P.O. BOX 778, SEULAVILLE, N.C. 28518 PHONE: 910-298-8272 FAX: 910-298-2310 EMAIL : JWIWAMS®JWSURVEY.COM FIRM NO. C-2532 Board of Commissioners - August 5, 2024 ITEM: 11- 9 - 1 Case #524-02 Special Use Permit Request: Single -Family Detached Dwelling Applicant: Nathan Christy with Future Homes Property Owners: Terrilyn and Celecia Phillips Amy Doss Current Planner Existing Site Conditions Site Access N ELM ST z IN m �Q- 0 w uj LLJ mq UW Q z a w w Of Ll- w Primary Access: 0 Ln Seabreeze Road S 0 STATE AV ZONING Seabreeze Rd North Seabree2e J d South Zoning ■ B-2 ❑ R-7 Site ❑ R-15 ❑ FF j CZD S24-02 Saltspray Ln 1 Single -Family Dwelling Single family dwellings are permitted in the B-2 district with the approval of a Special Use Permit. Single-family developments in the B-2 district are required to meet the same standards as multi -family developments. Dwelling units must be part of a mixed -use development established to provide innovative opportunities for an integration of diverse but compatible uses into a single development that is unified by distinguishable design features and amenities and walkways to increase pedestrian activity. Dwelling Requirements in B-2 • Single ownership or in a property owners association • Uses restricted to residential uses and those allowed in B-1 • Sidewalks must be provided • Shared parking • Community facilities and/or common area • Mixed -Use Residential permitted and encouraged • Conceptual elevations indicating proposed architectural style and conceptual lighting plans shall be submitted with the application Concept Plan Location of Proposed Single -Family Home Proposed Pervious Driveway Planning & Land Use Slide 9 Estimated Trip Generation Existing Zoning Proposed Development: Approx. 2,000 SF commercial development 1 Single -Family Dwelling 5AM/4PM 2AM/2 PM Potential Net Change - -3 AM / -2 PM SVZ/ 2016 Comprehensive Plan Place Type: New Hanover County Commerce Zone Future Lrd Use -P LAND -WIE,907 wN - wl w - E! W— Seabreeze Rd North � /-' ------~- . � Witt _-~_ Will _-____'_� Future Land Use GENERAL RESIDENTIAL COMMUNITY MIXED USE cnNsEKV*T|pN sz^nz 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. Public water and sewer are not available through CFPUA. The concept plan proposes to connect to water and sewer through the private utility provider AQUA. B. The subject property is located in the New Hanover County Southern Fire Service District. C. Access to the site will be provided by one full access driveway on South Seabreeze Road. D. The proposed use will generate an estimated 2 AM and 2 PM peak hour trips. E. Seabreeze Road does not have a listed planning capacity, indicating the road is below capacity. The WMPO and NCDOT use a base of 4,000 vehicles per day for those road types because it is the minimum threshold necessary for NCDOT to discuss roadway capacity improvements. F. The subject property is within the AE Special Flood Hazard Area and a portion of the property is within the VE Coastal High Hazard Area. Development must comply with Article 9 Flood Damage Prevention. G. Veterans Park and Carolina Beach State Park are within proximity of the proposed development. H. No conservation resources exist on the property. Conclusion 2: The Board must find that the use meets all required conditions and specifications of the Unified Development Ordinance. A. Single -Family Dwellings are allowed by Special Use Permit in the B-2, Regional Business zoning district. Table 4.2.1: Principal Use Table references Section 4.3.2.A.4 which states single-family dwellings in the B-1 and B-2 districts shall comply with the standards for multi -family dwellings in those districts. B. Section 4.3.2.A.2.b.1 states dwelling units must be part of mixed -use development established to provide innovative opportunities for an integration of diverse but compatible uses into a single development that is unified by distinguishable design features with amenities and walkways to increase pedestrian activity. The proposed development is solely for residential use. There are no other uses or pedestrian amenities or walkways outlined in the proposal . C. Section 4.3.2.A.2.b.2 states the development shall be single ownership or unified control of a property owners association. The site is under single ownership. D. Section 4.3.2.A.2.b.3 states uses within the development are restricted to residential uses and uses allowed in the B- 1 district. The proposal is for residential use. E. Section 4.3.2.A.2.b.4 states sidewalks must be provided throughout the project. Sidewalks are not proposed within the project. Conclusion 2: The Board must find that the use meets all required conditions and specifications of the Unified Development Ordinance. F. Section 4.3.2.A.2.b.5 states parking location and quantity shall be shared. The concept plan shows a parking area for the single-family home. G. Section 4.3.2.A.2.b.6 states community facilities and/or common area shall be provided. No community facilities or common areas are provided. H. Table 4.3.2.A.2.b.7 states mixed -use residential buildings are permitted and encouraged. The proposed development does not contain any mixed -use residential buildings. I. Table 4.3.2.A.2.b.8 states conceptual elevations indicating proposed architectural style and conceptual lighting plans shall be submitted with the application. The application includes an elevation of the proposed house. No exterior lighting is proposed as part of the application. J. Section 9.8.1.A requires all new construction and substantial improvements be designed (or modified) and adequately anchored to prevent flotation, collapse, and lateral movement of the structure. A Floodplain Development Permit must be approved before construction. � Conclusion 2: The Board must find that the use meets all required conditions and specifications of the Unified Development Ordinance. K. Section 9.8.1.B requires all new construction and substantial improvements be constructed with materials and utility equipment resistant to flood damage in accordance with the most current version of FEMA Technical Bulletin 2, Flood Damage -Resistant Materials Requirements. Construction materials and utilities must be approved by staff through the Floodplain Development Permit review process. L. Section 9.8.1.0 requires all new construction and substantial improvements be constructed by methods and practices that minimize flood damages. Construction must be approved by staff through the Floodplain Development Permit review process. M. Section 9.8.1.D requires all new electrical, heating, ventilation, plumbing, air conditioning equipment, and other service equipment be located at or above the Regulatory Flood Protection Elevation (RFPE) or designed and installed to prevent water from entering or accumulating within the components during the occurrence of the base flood. These include, but are not limited to, HVAC equipment, water softener units, bath / kitchen fixtures, ductwork, electric / gas meter panels / boxes, utility / cable boxes, water heaters, and electric outlets / switches. The concept plan includes a proposed HVAC pedestal. The pedestal and other equipment locations must be approved by staff through the Floodplain Development Permit review process. � Conclusion 2: The Board must find that the use meets all required conditions and specifications of the Unified Development Ordinance. N. Section 9.8.1.E requires replacements that are part of a substantial improvement, electrical, heating, ventilation, plumbing, air conditioning equipment, and other service equipment also meet the provisions of Section 9.8.1.D. Construction must be approved by staff through the Floodplain Development Permit review process. O. Section 9.8.1 .F requires replacements that are for maintenance and not part of a substantial improvement, may be installed at the original location, provided the additional and / or improvements only comply with the standards for new construction consistent with the code and requirements for the original structure. No structural or mechanical replacements are anticipated as there are no existing structures. P. Section 9.8.1.G requires all new and replacement water supply systems be designed to minimize or eliminate infiltration of floodwaters into the system. The project proposes to connect to a private water utility. Q. Section 9.8.1.H requires new and replacement sanitary sewage systems be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into flood waters. The project proposes to connect to a private sewer utility. R. Section 9.8.1 .I requires on -site waste disposal systems be located and constructed to avoid impairment to them, or contamination from them, during flooding. The project proposes to connect to a private sewer utility. � Conclusion 2: The Board must find that the use meets all required conditions and specifications of the Unified Development Ordinance. S. Section 9.8.1.J states nothing in Article 9 Flood Damage Prevention of the Unified Development Ordinance shall prevent the repair, reconstruction, or replacement of a building or structure existing on the effective date of Article 9 and located totally or partially within the floodway, non -encroachment area, or stream setback, provided there is no additional encroachment below the Regulatory Flood Protection Elevation in the floodway, non -encroachment area, or stream setback, and provided that such repair, reconstruction, or replacement meets all of the other requirements of Article 9. T. Section 9.8.1 X prohibits permitting new solid waste disposal facilities and sites, hazardous waste management facilities, salvage yards, and chemical storage facilities except by variance in accordance with subsections 6 of Section 9.7.5.1, Conditions for Variances. A structure or tank for chemical or fuel storage incidental to an allowed use, or to the operation of a water treatment plant or wastewater treatment facility, may be located in a Special Flood Hazard Area only if the structure or tank is either elevated or floodproofed to at least the Regulatory Flood Protection Elevation (RFPE), and certified in accordance with the provisions of Section 9.7.2.C, Certification Requirements No such facilities are proposed. Conclusion 2: The Board must find that the use meets all required conditions and specifications of the Unified Development Ordinance. U. Section 9.8.1.E requires all subdivision proposals and other development proposals be consistent with the need to minimize flood damage. The proposal does not include any subdivision of land. Construction must be approved by staff through the Floodplain Development Permit review process. V. Section 9.8.1.M requires all subdivision proposals and other development proposals have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage. The project proposes to connect to private water and sewer utilities through AQUA. W. Section 9.8.1.N requires all subdivision proposals and other development proposals to have adequate drainage provided to reduce exposure to flood hazards. A Floodplain Development permit is required before any construction may begin on site. County Engineering has indicated that no drainage permits are anticipated, but that would be determined during the building permit review process. X. Section 9.8.1.0 requires all subdivision proposal and other development proposals have received all necessary permits from those governmental agencies for which approval is required by federal or state law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 333 U.S.C. 1 334. All necessary permits are required prior to final approval before any construction may begin on site. Conclusion 2: The Board must find that the use meets all required conditions and specifications of the Unified Development Ordinance. Y. Section 9.8.1.P requires that when a structure is partially located in a Special Flood Hazard Area, the entire structure shall meet the requirements for new construction and substantial improvements. The proposed structure is entirely within the AE flood hazard zone and must comply with flood hazard prevention requirements. Z. Section 9.8.1.Q requires that when a structure is located in multiple flood hazard zones or in a flood hazard risk zone with multiple base flood elevations, the provisions for the more restrictive flood hazard risk zone and highest Base Flood Elevation (BFE) shall apply. While the parcel is in both the AE and VE flood hazard areas the proposed structure is only within the AE flood hazard zone. AA.Section 9.8.2.A requires that new construction and substantial improvement of any residential structure (including manufactured homes) shall have the reference level, including basement, elevated no lower than the Regulatory Flood Protection Elevation (RFPE). Construction plans and elevation certificates shall be reviewed for compliance at time of building permit submittal. 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 project proposes a Single -Family Dwelling on vacant property located between existing properties zoned for commercial purposes. B. Land uses in the immediate vicinity of the subject site boat storage, vacant commercial land, and single family residential. C. The UDO requires single-family homes in the B-2 district to be part of a mixed -use project. Commercial development adjacent to a mixed -use project is not required to provide transitional buffers required by Table 5.4.3.B.1 or additional setbacks required by Table 3.1.3.C.1. D. However, if approved as requested the single-family dwelling unit not part of a mixed -use development would trigger the requirement for buffers associated with new commercial development on the adjacent parcels. E. 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. A. The subject site currently undeveloped. B. No known cultural or archaeological resources are identified on site. C. The site is bounded by commercially zoned property. D. Land uses in the immediate vicinity of the subject site are residential and commercial. E. The proposed use will generate an estimated 2 AM and 2 PM peak hour trips. F. 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 0 dwelling units would be permitted under the current B-2 zoning base density, and 1 unit could potentially be developed under the proposed special use permit for an increase of 1 dwelling unit. Based on a generalized historic generation rate, it is estimated that the increase in homes would result in approximately 0 additional students than would be generated under current zoning. Anderson Elementary School has a current capacity of 7 0691b, Murray Middle School has a current capacity of 7 0 7 %, and Ashley High School has a current capacity of 7 00.501o. 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. G. The 2016 Comprehensive Plan classifies the project area as Community Mixed Use, which encourages mixed uses to include: office, retail, mixed use, recreational, commercial, institutional, multi -family and single-family residential. The proposed request is for 7 dwelling unit. H. Additional conditions have been proposed regarding the preservation of a specimen live oak and the retention of the existing vegetative buffer. AERIAL f N �u I se O t 4 , \\\� - see• �. - `^ _ _.-° - S24-02 t