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Home My WebLink AboutAgenda 09-03-2024NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 Government Center Drive, Suite 175, Wilmington, NC 28403 P. (910) 798-7149 1 F: (910) 798-7145 1 NHCgov.com Bill Rivenbark, Chair I LeAnn Pierce, Vice -Chair Jonathan Barfield, Jr., Commissioner I Dane Scalise, Commissioner I Rob Zapple, Commissioner SEPTEMBER 3, 2024 4:00 PM LOCATION (NHC Historic Courthouse, 24 North 3rd Street, Room 301) MEETI NG CALLED TO ORDER (Chair Bill Rivenbark) I NVOCATI ON (Pastor Mike Ashcraft, Port City Community Church) PLEDGE OF ALLEGIANCE (Chair Bill Rivenbark) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Adoption of Resolution Approving Request for Additional Funding through the Federal Surface Transportation Block Grant Program managed through the WMPO for Construction of Bicycle and Pedestrian Trails along Middle Sound Loop Road from Red Cedar to Publix and along Market Street from Mendenhall Drive to Porters Neck Walmart. 3. Adoption of Resolution Approval to Apply for Funding through the Infrastructure and I nvestments Job Act (I I LA) Federal Surface Transportation Block Grant- Direct Attributable Fund for the Construction of a Bicycle and Pedestrian Trail along South College Road from 17th Street to Piner Road 4. First Reading: Approval of Solid Waste Franchise Agreement for Bin Butler LLP ESTI MATED MINUTES REGULAR AGENDA ITEMS OF BUSINESS 5. Consideration of Black Male Health and Wellness Month Proclamation 5 6. Consideration of Adoption of the Resolution for Beach Project Funding Flow — Agent Capacity 5 7. Consideration of Adoption of the Resolution for Sponsorship Naming Rights of Cape Fear Museum Digital Dome Theater 15 8. Public Hearing Request on William Louis Drive Special Assessment 45 9. Public Hearing Rezoning Request (Z24-15) - Request by Brandy Hatcher with Grace Walk Inc, applicant and property owner, to rezone approximately one acre located at 6760 Carolina Beach Road from the R-15, Residential District to a Conditional R-5, Board of Commissioners - September 3, 2024 Residential Moderate -High Density District for four new single family detached dwelling units 45 10. Public Hearing Rezoning Request (Z24-16) - Request by Cindee Wolf with Design Solutions, applicant, on behalf of Tidewater Investment Company, INC, property owners, to rezone approximately 7.79 acres located at 5000 N. College Road from the (CZD) CB, Conditional Community Business District to (CZD) B-2, Regional Business for General Retail Sales, Business Service Center, and other limited uses 45 11. Public Hearing Text Amendment Request (TA24-04) - Request by Cindee Wolf with Design Solutions, applicant, to amend Article 4 of the Unified Development Ordinance to allow the use of Restaurant by -right in the 0&1, Office & Institutional District with a limitation on the maximum square footage of the use 20 12. Public Hearing #2 Request (CDBG-1 Application) - Proposed Scotts Hill Water Main Extension Community Development Block Grant- Infrastructure (CDBG- 1) Application to the North Carolina Department of Environmental Quality PUBLIC COMMENTS ON NON -AGENDA ITEMS (limit three minutes) ESTIMATED MINUTES ADDITIONAL AGENDA ITEMS OF BUSINESS 13. Additional Items County Commissioners County Manager Clerk to the Board County Attorney 14. 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 - September 3, 2024 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:9/3/2024 Consent DEPARTMENT: Governing Body PRESENTER(S): Kym Crowell, Clerk to the Board CONTACT(S): Kym Crowell SU BJ ECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the following meetings: Agenda Review held on August 15, 2024 Regular Meeting held on August 19, 2024 STRATEGIC PLAN ALIGNMENT: • Good Governance o Effective County Management ■ Increase 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 - September 3, 2024 ITEM: 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:9/3/2024 Consent DEPARTMENT: Parks PRESENTER(S): Tara Duckworth, NHC Parks & Gardens Director CONTACT(S): Tara Duckworth and Janine Powell, Parks & Gardens Director of Donor Relations SU BJ ECT: Adoption of Resolution Approving Request for Additional Funding through the Federal Surface Transportation Block Grant Program managed through the WM PO for Construction of Bicycle and Pedestrian Trails along Middle Sound Loop Road from Red Cedar to Publix and along Market Street from Mendenhall Drive to Porters Neck Walmart. BRIEF SUMMARY: The Parks and Gardens Department wishes to request additional federal funding in the amount of $705,512 for the construction of a portion of the multi -use trail in Ogden, along Middle Sound Loop and a portion along Market Street. A portion of the funds necessary to construct the project have already been secured through federal funds but due to utility conflicts, the cost of construction is higher than what was previously granted ($553,472). The required local match is $176,378 and existing county funds are available for this match. STRATEGIC PLAN ALIGNMENT: Sustainable Land Use & Environmental Stewardship 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: Adopt the resolution authorizing the Parks and Gardens Department to request additional funds in the amount of $705,512. New Hanover County will provide the required local cash match of $176,378 for an additional project cost of $881,890. ATTACHMENTS: Resolution Map COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend adoption. COMMISSIONERS' ACTIONS: Adopted (5-0). Board of Commissioners - September 3, 2024 ITEM: 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION AUTHORIZING THE APPLICATION FOR INFRASTRUCTURE AND IMPROVEMENTS JOB ACT (IIJA) SURFACE TRANSPORTATION BLOCK GRANT PROGRAM -DIRECT ATTRIBUTABLE FUNDS WHEREAS, the Wilmington Urban Metropolitan Planning Organization (WMPO) will be awarding approximately $5,087,594 in funding through their Infrastructure and Improvements Job Act (IIJA) Surface Transportation Block Grant Program -Direct Attributable competitive grant process which requires a local cash match of 20%; and WHEREAS, the New Hanover County Parks and Gardens Department, in coordination with the Planning and Land Use Department, wishes to apply for additional funding through the IIJA Federal Surface Transportation Block Grant Program -Direct Attributable fund for construction of a 10-foot- wide multi -use path (MUP) along portions of Middle Sound Loop Road from Red Cedar to Publix and portions of Market Street from Mendenhall to the Porters Neck Walmart; and WHEREAS, the trail will provide much needed recreational and alternative transportation opportunities for New Hanover County citizens. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners hereby authorizes the Parks and Gardens Department to apply for additional funds for this project from the IIJA fund in the amount of $705,512. New Hanover County will provide the required local cash match of $176,378 for a total additional project cost of $881,890. ADOPTED this 3rd day of September 2024. NEW HANOVER COUNTY William E. Rivenbark, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - September 3, 2024 ITEM: 2 - 1 - 1 Middle Sound Loop Connector Porters Neck Walmart Connector Project Map Construct a multi -use path pieces to provide connection to existing trail along Middle Sound Loop Road and on Market Street from Mendenhall Dr to Porters Neck Walmart. STBGP FUNDING APPLICATION NEW HANOVER COUNTY, NC ® WAVE Bus Stop O Project Buffer (0.5 Miles) — — • Project (Porters Neck) — — - Project (Middle Sound) Existing MUP/Greenway Existing Sidewalks Existing Bicycle Facilities J rr Porters Neck Walmart N f � rl• Connector r r• r e � V Gap Closure ` 1 � J • 441 '1 1 • 1 � 1 .� V i f l rs Middle Sound Loop Connector Gap Closure "F 1 ak - ~ i 10 y �� ti •y '1 [ ' f 1 � • � 1 •S � •fir .., � y - f• •ti —I •�• i j � it ram^ 1' .; _ ••r- • ti "j 117 r r 4 M1 rid of �oPn issioners - September 3, 2024 .�� ITEM: 2 - 2 - 1 -- 4 - ; . I,.�J•� �- �' - - _ r`' � j``' A-. ,��"''', ;.:j NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:9/3/2024 Consent DEPARTMENT: Parks PRESENTER(S): Tara Duckworth, NHC Parks & Gardens Director CONTACT(S): Tara Duckworth and Janine Powell, Parks & Gardens Director of Donor Relations SU BJ ECT: Adoption of Resolution Approval to Apply for Funding through the Infrastructure and Investments Job Act (IILA) Federal Surface Transportation Block Grant- Direct Attributable Fund for the Construction of a Bicycle and Pedestrian Trail along South College Road from 17th Street to Piner Road BRIEF SUMMARY: The Parks and Gardens Department along with the Planning Department wish to apply for the I IJA fund in the amount of $3,079,850 for construction of a portion of multi -use trail along South College Road from 17th Street to Piner Road. New Hanover County will provide the required local match of $769,962 for a total project cost of $3,849,812. The required grant match is currently budgeted in the Capital Improvement Project Trail Fund. STRATEGIC PLAN ALIGNMENT: Sustainable Land Use & Environmental Stewardship 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: Adopt the resolution authorizing the Parks and Gardens Department to apply for I IJA funding in the amount of $3,079,850 and approved New Hanover County providing the required local cash match of $769,962 for a total project cost of $3,849,812. ATTACHMENTS: Resolution Grant application COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend adoption. COMMISSIONERS' ACTIONS: Adopted (5-0). Board of Commissioners - September 3, 2024 ITEM: 3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION AUTHORIZING THE APPLICATION FOR INFRASTRUCTURE AND IMPROVEMENTS JOB ACT (IIJA) SURFACE TRANSPORTATION BLOCK GRANT PROGRAM -DIRECT ATTRIBUTABLE FUNDS WHEREAS, the Wilmington Urban Metropolitan Planning Organization (WMPO) will be awarding approximately $5,087,594 in funding through its Infrastructure and Improvements Job Act (IIJA) Surface Transportation Block Grant Program -Direct Attributable competitive grant process which requires a local cash match of 20%; and WHEREAS, the New Hanover County Parks and Gardens Department, in coordination with the Planning and Land Use Department, wishes to apply for funding through the IIJA Federal Surface Transportation Block Grant Program -Direct Attributable fund for construction of 10-foot wide multi- use path (MUP) along a portion of South College Road from 17t" Street to Piner Road; and WHEREAS, the trail will provide much needed recreational and alternative transportation opportunities for New Hanover County's citizens. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners hereby authorizes the Parks and Gardens Department to apply for funds for this project from the IIJA fund in the amount of $3,079,850. New Hanover County will provide the required local cash match of $769,962 for a total project cost of $3,849,812. ADOPTED this 3rd day of September 2024. NEW HANOVER COUNTY William E. Rivenbark, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - September 3, 2024 ITEM: 3 - 1 - 1 OWMPO Federal Infrastructure Investment and Jobs Act (IIJA) Surface Transportation Block Grant Program - Direct Attributable/ Transportation Alternatives Set Aside/ Carbon Reduction Funding Request Form Date: 08/08/2024 Project Information: Project Name: S. College Road-17th Street to Piner Road Project Location: S. College Road-17th Street to Piner Road TIP ID: Total Project Cost: $3,849,812 Requested Funding: $3,079,850 Existing Project? Yes X No Primary Applicant: New Hanover County Secondary Applicant: Project Manager: James Chisum Contact Person: James Chisum Instructions: Please use the following pages to assist your project proposal. If you wish, a separate document may be provided as the narrative in addition to the form. Project Description (add pages if necessary): We are applying for funding for the construction of a multi -use path section to connect existing MUPs with the South College Road Trail (CP774) is designed as a 10' wide multi -use path that runs Darallel to South College Rd (NC 132) from Carolina Beach Rd (US 421) north to S. 17th St Extension for 2.411 miles. The design phase is 90-95% complete and the Right -of -Way Acquisition process is underway. There are 34 road and ingress/egress crossings at various locations along the trail. These crossings include the construction of a signalized pedestrian crossing at South College Rd (NC 132) that includes a monolithic concrete island at station 10.00 of the 90% completed roadwav design Dlans. The design plans also call for guardrails and pedestrian safety rails to be implemented at various locations along the trail. New Hanover Countv has the reauired 20% match budgeted in the 2024-2025 CIP. Board of Commissioners - September 3, 2024 ITEM: 3 - 2 - 1 STBGP— DA/TA/CR Funding Request Form Allocation of Points (100 points tota In the following six (6) sections, you are to identify which points apply to your proposed project. In the event your project contains elements that are not listed, but for which you wish to obtain points, please submit a written justification. For example, upgrading the technology applied to an existing traffic control device or service could be a safety improvement (Section 1), or Capacity improvement (Section 2), or Multi -modal (Section 3) depending upon the application. Feel free to contact the WMPO prior to finalizing your application for further discussion. 1. Safety (25 Points) Please identify which points below apply to the project. You may request a list of reported crashes from the appropriate jurisdiction, in addition to consulting the WMPO records. Provide any crash data and/or reports may be requested as supporting documentation (if requested). a. Reported Crashes over past three (3) years (up to 5 points): 5 points i. One (1) to five (5) — 2 points ii. Six (6) to ten (10) — 4 points iii. More than ten (10+) — 5 points iv. Other circumstances or incidents (provide narrative) b. Crash pattern analysis (up to 7 points): 5 points i. Any pedestrian crashes?— If yes, 5 points ii. Percent vehicles only (100% - 3 points) iii. Percent vehicle/pedestrian-cyclist, if >0%, add 2 points iv. Percent other, if >0%, add 2 points v. Other circumstances (provide narrative) c. Mode separation (proposed) — up to 5 points: 0 points i. No physical barrier (e.g. buffer space) — 5 points to correct ii. No vertical barrier (e.g. curb & gutter, fencing) — 5 points to correct iii. Time of day restrictions (e.g. peak hour No Left Turn)— 3 points iv. Turn/access restrictions (No Thru movements) — 3 points v. Road closures (partial or full) — 3 points vi. Other circumstances (provide narrative) d. Upgrading physical infrastructure — up to 5 points: 1 point i. Narrow width sidewalks— 2 points to correct ii. Narrow width bicycle lanes — 2 points to correct iii. Installing transit shelters — 2 points iv. Other— up to 1 point (provide narrative) 2 1 P a g e Board of Commissioners - September 3, 2024 ITEM: 3 - 2 - 2 STBGP— DA/TA/CR Funding Request Form e. Designating and installing dedicated routes (up to 3 points): 2 points i. Part of existing Safe Routes To School — 3 points ii. Identified pedestrian crossings — 2 points iii. Bicycle crossings — 2 points iv. Closing gaps between facilities — 2 points v. Other circumstances (provide narrative) 2. Congestion Management/Capacity Improvements (25 points): 10 points Please identify which points below apply to the project. You may use prior analyses, studies or technical recommendations to support the proposal. It this project includes more than one location, or proposes a system wide improvement (as opposed to a single intersection), please provide a narrative to assist the review. a. Adding thru capacity— up to 10 points i. Dedicated turn lane— 5 points per direction, 10 points maximum b. Adding turn lanes at intersections —up to 5 points i. Conversion of dedicated lane to shared thru/turn lane— 3 points ii. Dedicated turn lane —5 points c. Restricting access - up to 5 points i. Limiting left turn movements— 3 points ii. Limiting thru movements — 5 points d. Revising traffic controls to improve thru capacity— up to 5 points i. Upgrading traffic signal operations — 3 points ii. Upgrading intersection geometry-5 points e. Other capacity improvements (provide narrative) 3. Multi modal elements (20 points): 12 points Please identify which points below apply to the project. We suggest your proposal reference any recommended practices, previously approved studies or technical recommendations. If this project includes more than one location, or proposes a system wide improvement (as opposed to a single intersection), please discuss this in the narrative to assist the review. a. Adding non -automotive capacity to existing roadways —up to 4 points i. Installing sidewalk— 2 points ii. Installing bicycle lane(s) — 2 points b. Extending bicycle lanes— up to 4 points i. Extension < % mile — 2 points ii. Extension > % mile — 4 points c. Adding recreational trails — up to 4 points i. New shared use path (SUP) 10 feet wide < % mile length — 2 points ii. New SUP 10 feet wide > % mile length — 4 points 3 1 P a g e Board of Commissioners - September 3, 2024 ITEM: 3 - 2 - 3 STBGP— DA/TA/CR Funding Request Form d. Upgrading transit infrastructure —up to 4 points i. Installing new transit stops (sign posts) — 2 points ii. Installing shelters at new/existing transit stops — 4 points e. Reducing vehicle miles traveled (VMT) —up to 4 points (provide narrative) f. Other multi -modal proposals (provide narrative) 4. Accessibility (15 points) 9 points Please identify which points below apply to the project. Please provide assessments of existing conditions in the field, or documented deficiencies. Reference any and all recommended practices, design guides and/or standards in support of the proposal. a. Closing sidewalk gaps —up to 6 points i. Gap is < % mile in total length — 2 points ii. Gap is > % mile in total length — 4 points iii. Gap connects transit, school and/or trail — 6 points b. New ADA infrastructure (ramps, pedestrian signals, markings) — up to 5 points i. Installing/replacing ADA ramps at intersection — 2 points ii. Installing ADA ramps and pavement markings (crosswalks) — 3 points iii. Installing pedestrian traffic signal equipment-5 points c. Removing/addressing barriers— up to 4 points i. New accessible roadway crossing— 2 points ii. New accessible roadway crossing w/documented crashes —4 points S. Project Status (10 points)-8 points Please identify the stage of the proposal to determine which points below apply to the project. If this is an existing project, please list the previous award(s) and amounts in the narrative. a. Design/Planning-5 points b. Right -of -Way acquisition — 8 points c. Construction —10 points 6. Administration (5 points)- 0 points If this project was awarded STBGP funds previously, please identify the award year, amount, project manager, and the initial project schedule. a. Prior project — 5 points You may submit any questions or inquiries ahead of the August 11t" pre -submittal review deadline in order to reserve adequate time to complete your submittal. Final submittals should be digital format (file transfer) with two (2) hard copies for review. 4 1 P a g e Board of Commissioners - September 3, 2024 ITEM: 3 - 2 - 4 TIP No. C� Route South College Road From US 421 (Carolina Beach Road Intersection) to South 17th Street Typical Section 10' MUP with 1' gavel shoulder Date 27-Jun-24 Prepared By: Beneschl Simpson Requested By: New Hanover County Pr; -A A. - hid Anta frnm rnnnect nc ncdntl 3rd mnN cnntractor anon cmiect affrliatedl County: New Hanover CONSTR. COST 53,456,694 Line Isom Des See , No. DescriFflon OU22tiu Unit Price Amount MOBLIZATION 1 LS $ 119,001.04 $ 119 001.04 0000400000-N CONSTRUCTTON SURVEYING 1 LS $ 2.000.00 . $ 2,000.00 0001000000-E CLEARING & GRUBBING .. ACRE SI LI AC $ 4,000.00 ' $ 4400,00 0008000000-E i SUPPLEMENTARY CLEARING & GRUBBING 1 AC $ 4,000.00 $ 2�400.00 0022000000-E UNCLASSIFIED EXCAVATION 6.540 1 CY $ 26.00 $ 170,040.00 0028000000-N STANDARD APPROACH FILL - roadwa4 5 400 1,400 CY $ 20.00 $ 108.000.00 0036000000-E UNDERCUT EXCAVATION CY $ 39.00 $ 54,600.00 0106000000-E BORROW Fill 2.800 CY $ 23.00 $ 64400,00 0134000000-E _ DRAINAGE DITCH EXCAVATION CY $ $ 0141000000-E BERM DITCH CONSTRUCTION LF $ - $ - 0156000000-E REMOVAL OF EXISTING ASPHALT PAVEMENT 29 SY $ 10.50 $ 303.33 0177000000-E BREAKING OF EXISTING ASPHALT PAVEMENT SY 1 $ - $ �0195000000-E SELECT GRANULAR MATERIAL 1.789 CY $ 15.00 $ 26 835,00 0196000000-E 0199000000-E GEOTEXTILE FOR SOIL STABILIZATION 300 SY $ 9.00 $ 2.700,00 $ - TEMPORARY SHORING SF $ 0318000000-E FOUNDATION CONDITIONING MATERIAL, MINOR STRUCTURES 50 TON $ 38.00 $ 1 900.00 0320000000-E FOUNDATION CONDITIONING GEOTEXTILE 700 SY $ 9.00 i $ 6,300.00 0335200000-E 15" DRAINAGE PIPE LF $ Is - 0335300000-E 18" DRAINAGE PIPE LF $ $ 0335400000-E 0335500000-E 24" DRAINAGE PIPE LF $ I $ $ _ 30" DRAINAGE PIPE LF $ 0335850000-E 15" DRAINAGE PIPE ELBOWS EA $ $ 0335850000-E 18" DRAINAGE PIPE ELBOWS EA $ $ 0343000OW-E 15" SIDE DRAIN PIPE 119 LF $ 76.00 $ 8,968.00 0344000ON-E 18" SIDE DRAIN PIPE 234 LF $ 90,00 $ 21 060,00 03450DOON-E 24" SIDE DRAIN PIPE 110 LF $ 117.06 $ 12 870.00 0366000000-E 15" RC PIPE CULVERTS, CLASS 111 25 LF $ 110.00 $ 2,750.00 0572000000-E 18" RC PIPE CULVERTS, CLASS III 532 LF $ 125.00 $ 66.500.00 0378000000-E 24" RC PIPE CULVERTS, CLASS III LF $ - $ - 0384000000-E 30" RC PIPE CULVERTS CLASS 111 100 LF _ $ 260.00 $ 26,000.00 0390000000-E 36" RC PIPE CULVERTS CLASS 11I 322 LF $ 290.00 $ 93 380.00 42" RC PIPE CULVERTS CLASS 111 653 LF $ 325.00 $ 111.115,00 _ 48" RC PIPE CULVERTS CLASS 111 544 LF $ 350.00 $ 190 400.00 66" RC PIPE CULVERTS CLASS 1II 7 LF $ 500.00 $ 3,500.00 0448200000-E 15" RC PIPE CULVERTS, CLASS IV LF $ $ 0448400000-E 24" RC PIPE CULVERTS, CLASS IV LF $ $ 0448500000-E 30" RC PIPE CULVERTS CLASS 1V LF $ $ 0448600000-E 36" RC PIPE CULVERTS CLASS IV LF $ - $ 0995000 000-E PIPE REMOVAL 334 LF $ 45.00 $ 15.030,W 1011000000-N FINE GRADING 14,670 SY $ 2.00 $ 29.340.00 1099700000-E CLASS IV SUBGRADE STABILIZATION TON $ - $ - 1121000000-E AGGREGATE BASE COURSE 4,949 TON $ 60.00 $ 296.940.00 .1_297000000 E_ MILLING ASPHALT PAVEMENT 1 112" DEPTH 2,540 SY $ 4.50 $ 11,430.00 13300000DO-E ' INCIDENTAL MILLING _ SY $ - $ 1491000000-E ASPHALT CONC BASE COURSE, TYPE B25.00 TON $ 90.00 $ 1503000000-E ASPHALT CONC INTERMEDIATE COURSE, TYPE I19.00 TON $ 98.00 $ 1519000000-E ASPHALT CONC SURFACE COURSE, TYPE S9.5B 1.420 TON $ 111.00 S 157,620.00 1523000000-E ASPHALT CONIC SURFACE COURSE, TYPE S9.5C TON $ 105.00 $ 157500D000-E ASPHALT BINDER FOR PLANT MIX TON $ 560.00 $ 169300DOME ASPHALT PLANT MIX PAVEMENT REPAIR 2,52 SY $ 26.00 $ 65,520.00 2022000000-E I SUBDRAIN EXCAVATION CY $ $ - 2026000000-E GEOTEXTILE FOR SUBSURFACE DRAINS SY $ - $ 2036000000-E SUBDRAIN COARSE AGGREGATE 250 CY $ 38.00 S 9,500.00 2044000000-E 6" PERFORATED SUBDRAIN PIPE 200 LF $ 28.00 $ 5.600.00 2070000000-N SUBDRAIN PIPE OUTLET EA $ $ %77000000-E 6" OUTLET PIPE LF $ - $ 2209000000-E ENDWALLS 21 CY S 5.418.00 2253000000-E PIPE COLLARS 5 CY $ 7.500.00 2264000OWE PIPE PLUGS 5 CY $ 5,000.00 2275000000-E FLOWABLE FILL 10 CY S 1.280.00 2286000ON-N MASONRY DRAINAGE STRUCTURES 18 EA "151*00 $ 76.500.00 2308M000O-E MASONRY DRAINAGE STRUCTURES LF $ - 2364000000-N FRAME WITH TWO GRATES STD 840.16 EA S 2364200000-N FRAME WITH TWO GRATES, STD 840.20 EA $ 2366000000-N FRAME WITH TWO GRATES, STD 840.24 9 EA $ 265.00 $ 2.385.00 2374000000-N FRAME WITH GRATE & HOOD, STD 840.03, TYPE E EA $ S 23740000OD-N FRAME WITH GRATE & HOOD, STD 840.03, TYPE F FRAME WITH GRATE & HOOD, STD 840.03, TYPE G EA $ S 2374000000-N EA $ $ Board of Commissioners - September 3, 2024 ITEM: 3 - 2 - 5 2396000000-N FRAME WITH COVER, STD 840,54 91 EA S 265,00 $ 2.385.00 2451000000-N CONCRETE TRANSITIONAL SECTION FOR DROP INLET 4 EA S 225.00 1 $ 900.00 2542000000-E 1'-6" CONCRETE CURB & GUTTER LF $ !$ 2549000000-E 2'-6" CONCRETE CURB & GUTTER 190 LF $ 37.00 S 6,660.00 25910OWN-E 4" CONCRETE SIDEWALK 20 SY $ 76,00 1,520.00 2605000000-N CONCRETE CURB RAMPS 67 SY $ 11100 7,504,00 26120OM-E 6" CONCRETE DRIVEWAY SY I S 2619000NO-E 4" CONCRETE PAVED DITCH SY $ S 2647000000-E 5" MONOLITHIC CONCRETE ISLANDS ISURFACE MOUNTED i SY $ $ 2655000000-E 5" MONOLITHIC CONCRETE ISLANDS IKEYED IN, 50 SY $ € 283000OM-N ADJUSTMENT OF MANHOLES 15 EA $ 6W.00 9,000,00 28450MM-N ADJUSTMENT OF METER BOXES OR VALVE BOXES 12 EA $ S - 2724000000-E PRECAST REINFORCED CONCRETE BARRIER, SINGLE FACED _ LF $ S 3001000000-N IMPACT ATTENUATOR UNITS, TYPE TL-3 LF $ 3 3030000000-E STEEL BEAM GUARDRAIL 400 LF $ 1'J§.00 i M 3210000000-N GUARDRAIL END UNITS TYPE CAT-1 LF $ i 3215000000-N 3287000000-N GUARDRAIL ANCHOR UNITS TYPE III LF $ S GUARDRAIL END UNITS, TYPE TLr3 LF $ $ 3317000000-N GUARDRAIL ANCHOR UNITS, TYPE B-77 LF $ 3360000000-E REMOVE EXISTING GUARDRAIL 200 LF $ 25.00 $ 5.000.00 3503000000-E WOVEN WIRE FENCE 47" FABRIC LF $ $ 4" TIMBER FENCE POSTS, T-6" LONG EA $ f E3509000000-E 3515000000-E 5" TIMBER FENCE POSTS, 8'4' LONG EA $ S 3565000000-E DOUBLE GATES, 47" HIGH, 12' WIDE, 24' OPENING EA $ $ 3628000000-E RIP RAP, CLASS I TON $ 3635000000-E RIP RAP- CLASS lI TON $ f 3649000000-E RIP RAP, CLASS B 275 TON $ 89,00 $ 24 475A0 3656000000-E GEOTEXTILE FOR DRAINAGE SY $ - S NTROL 6000000000-E TEMPORARY SILT FENCE 27,000 LF $ 4 0G € 108 fifl6.LYi 6006000000.E STONE FOR EROSION CONTROL CLASS A TON $ - € 6009000000-E STONE FOR EROSION CONTROL CLASS B 70 TON $ AA00 S 23L.4G 6012000000-E SEDIMENT CONTROL STONE 250 TON $ J2.w L 9.L .u! 6015000000-E TEMPORARY MULCHING 11 ACR $ - L 6019000000-E ISEED FOR TEMPORARY SEEDING 150 LB $ 3.Z5 S 18'5C, 6021000000-E - FERTILIZER FOR TEMPORARY SEEDING TON $ I 6024000000-E TEMPORARY SLOPE DRAINS LF $ 5 6029000000-E SAFETY FENCE LF $ S 603000MO-E SILT EXCAVATION CY $ % 60360MO-E MATTING FOR EROSION CONTROL SY $ $ 60370MO-E COIR FIBER MAT SY $ $ 6042000000-E 114" HARDWARE CLOTH LF $ 5 6070000000-N SPECIAL STILLING BASINS EA $ f - 6071012000-E COIR FIBER WATTLE POLYACRYLAMIDE (PAM) COIR FIBER BAFFLE LF $ € �6071020000-E LB S 6071030000-E LF S S 6084000000-E SEEDING & MULCHING: Permanent Grass - not seedio 12 ACR $ 2.900.00 $ 34,800.00 6087000000-E MOWING ACR S $ 6090000000-E SEED FOR REPAIR SEEDING LB $ € 6093000000-E 6096000000-E 6108000000-E FERTILIZER FOR REPAIR SEEDING TON S S SEED FOR SUPPLEMENTAL SEEDING FERTILIZER TOPDRESSING LB $ S TON S 6114500000-N SPECIALIZED HAND MOWING MHR $ S 6117000000-N RESPONSE FOR EROSION CONTROL EA S ! 6117500000-N CONCRETE WASHOUT STRUCTURE EA $ $ IN LET PROTECT; ON -SILT SACKS -- 7048500000-E SIGNALS & ITS 7240.00 PEDESTRIAN SIGNALHEAD 16% 1 SECTION WICOUNTDOWNi 4 EA S 1,810.00 7060000000-E SIGNAL CABLE 900 LF $ 2.85 S 2,565.00 7120000000-E VEHICLE SIGNAL HEAD, 3 SECTION; EA $ 3 7132000000-E _ VEHICLE SIGNAL HEAD 112" 4 SECTION'- EA $ S 7144000000-E VEHICLE SIGNAL HEAD .12", 5 SECTION', EA $ S 725200MO-E MESSENGER CABLE 1L4"I, LF $ 4 7279000000-E TRACER WIRE 410 LF $ 2.00 3 820,00 7300000000-E UNPAVED TRENCHING 1, 2"1 LF $ S 7300000000-E UNPAVED TRENCHING . 2 2" 7 410 LF $ $ 7301000000-E DIRECTIONAL DRILLU.2"I 50 LF $ 40.00 S 2,000.00 7324000000-N JUNCTION BOX -STANDARD SIZEi EA $ - S - 7348000000-N JUNCTION BOX {OVER -SIZED, HEAVY DUTY) EA $ 7360000000-N WOOD POLE I EA S S 7372000000-N 7408000000-E IGUYASSEMBLY 1 EA $ 3 _ 1" RISER WITH WEATHERHEAD EA $ Y! I 7432000000-E 2" RISER WITH HEAT SHRINK TUBING EA $ S 7444000000-E INDUCTIVE LOOP SAWCUT 730 LF $ 11.00 % 8,030.00 7456000000-E LEAD-IN CABLE 14-2 100 LF $ 3.54 5 354.00 748I000000-N SITE SURVEY EA $ % - 7481200000-N LUMINAIRE ARM FOR VIDEO SYSTEM EA S S 7481240600-N CAMERA WITHOUT INTERNAL LOOP EMULATOR PROCESSING UNIT EA $ I Board of Commissioners - September 3, 2024 ITEM: 3 - 2 - 6 7481260000-N EXTERNAL LOOP EMULATOR PROCESSING UNIT EA ! $ $ 7541000000-N MODIFY SPLICE ENCLOSURE EA $ $ 7552000000-N INTERCONNECT CENTER EA $ $ 7566000000-N DELINEATOR MARKER EA S $ 7575160000-E REMOVE EXISTING COMMUNICATIONSCABLE LF $ $ 7576000000-N METAL STRAIN SIGNAL POLE EA S $ 7613000000-N SOIL TEST EA $ $ 7614100000-E DRILLED PIER FOUNDATION CY $ $ 7636000000-N SIGN FOR SIGNALS 4 EA $ 808.00 $ 3,232.00 17642100000-N TYPE I POST WITH FOUNDATION 2 EA $ 276,00 $ 552.00 17642200000-N TYPE II PEDESTAL WITH FOUNDATION 2 EA $ 3,891.00 $ 7.782.00 17675000000-N LED BLANKOUT SIGN EA $ $ - 7684000000-N I SIGNAL CABINET FOUNDATION EA $ $ '7686000000-N CONDUIT ENTRANCE INTO EXISTING FOUNDATION EA $ $ '7696000000-N CONTROLLERS WITH CABINET 2070E, BASE MOUNTED t EA $ $ '7744000000-N DETECTOR CARD TTYPE 170. 2 EA S 200,00 $ 400.00 :*1000000-N CABINET BASE EXTENDER EA $ $ - 7980000000-N GENERIC SIGNAL ITEM DROP CABLE ASSEMBLY +6-FIBERL EA $ $ "7980000000-N GENERIC SIGNAL ITEM RELOCATE EXISTING CCTV FIELD E UIPMENT EA $ $ .90000000-E 79 GENERIC SIGNAL ITEM BACK PULL COMMUNICATION CABLE LF $ $ 17990000000-E GENERIC SIGNAL ITEM ETHERNET CABLE LF $ $ SIGNIN Are there overhead si - s? no 4060000000-E SUPPORTS, BREAKAWAY STEEL BEAM LB $ S 4072000000-E SUPPORTS 3-LB STEEL U-CHANNEL LF $ 4096000000-N SIGN ERECTION TYPE D EA _$ $ 4102000000-N SIGN ERECTION, TYPE E tincl 1 Teloaction'2x cost ofnew- EA $ 4108000000-N SIGN ERECTION, TYPE F EA $ $ 41100000003N SIGN ERECTION, TYPE A GGROUND MOUNTEDI 36 EA $ 125.00 S 4-500.00 4110000000-N SIGN ERECTION, TYPE GROUND MOUNTED EA $ $ 4155000000-N DISPOSAL OF SIGN SYSTEM, U-CHANNEL EA $ $ TRAFFIC CONTROL Ni work _ Phasin Sequence StaVed Construction 44W000000-E WORK ZONE SIGNS tSTATIONARY- 4 EA $ 120.00 $ 480.00 4405000000-E WORK ZONE SIGNS PORTABLE i SF $ $ 4410000000-E WORK ZONE SIGNS(BARRICADE MOUNTED) SF $ $ 4415000000-N FLASHING ARROW BOARD EA $ $ 20040000-N PORTABLE CHANGEABLE MESSAGE SIGN 1 EA $ 5 000.00 $ 5,000.00 4430000000-N DRUMS EA $ a 4435000000-N ICONES 60 EA $ 65.00 $ 3-900.00 4445000000-E BARRICADES I TYPE HII LF_ $ - $ "55000000-N FLAGGER DAY EA $ $ $ 4480000000-N TMA $ THERMO & PAVEMENT MARKING 46850000WE THERMOPLASTIC PAVEMENT MARKINGLINES 4' 90 MILSI LF $ S 4698000000-E JTHERMOPLASTIC PAVEMENT MARKINGLINES (6", 90 MILSI LF $ $ 4695000000-E THERMOPLASTIC PAVEMENT MARKINGLINES (8", 90 MIISi LF $ $ 4725000000-E THERMOPLASTIC PAVEMENT MARKINGSYMBOL (90 MILSt 5 EA $ 300.00 $ 1.500.00 4770000000-E COLD APPLIED PLASTIC PAVEMENT MARKING LINES, TYPE ** 14' LF $ - $ - 4780000000-E COLD APPLIED PLASTIC PAVEMENT MARKING LINES, TYPE " 8" LF $ - $ - 4810000000-E PAINT PAVEMENT MARKING LINES.j4'.j 2,000 LF $ 9.90 $ 19-800.00 4815000000-E PAINT PAVEMENT MARKING LINES (6"1 LF S $ 4835000000-£ PAINT PAVEMENT MARKING LINES 124" t 565 LF $ 22.00 $ 12.430.00 4840000000-N 1PAINT PAVEMENT MARKING CHARACTER 200 EA $ - $ 4845000000-N PAINT PAVEMENT MARKING SYMBOL EA $ $ 4900000000-N PERMANENT RAISED PAVEMENT MARKERS EA $ $ 4905000000-N SNOWPLOWABLE PAVEMENT MARKERS EA $ $ UTILITIES rl4 ATER & SEWERI 5325600000-E 6" WATER LINE LF $ $ 5325800000-E 8" WATER LINE 600 LF $ 140.00 $ 84-000.00 -5329000000-E DUCTILE IRON WATER PIPE FITTINGS 12 EA $ 200.00 $ 2,400.00 5540400000-E 16.. VALVE 12 EA $ 3 000.00 $ 36,000.00 5546000000-E 8" VALVE EA $ - $ 5571600000-E 6" TAPPING SLEEVE & VALVE 2 EA $ 12,000.00 $ 24 000.00 5643100000-E 314" WATER METER EA $ 3,600.00 $ 5648000000-N RELOCATE WATER METER 5 EA $ 3.000.00 $ 15-000.00 5649000000-N RECONNECT WATER METER 5 EA $ 4,000.00 $ 20.000.00 5666000000-N FIRE HYDRANT 8 EA $ 7,800.00 $ 62-400.00 56730000WE FIRE HYDRANT LEG 8 LF S 260,00 $ 2,080.00 5686000000-E 1" WATER SERVICE LINE LF $ 80.00 $ - 5800000000-E JABANDON 6" UTILITY PIPE LF $ $ 5801000000-E JABANDON 8" UTILITY PIPE LF $ $ 5815000OWN REMOVE WATER METER 5 EA $ 1-200.00 $ 6,000.00 5815500000-N REMOVE FIRE HYDRANT _ 4 EA $ 2 100.00 $ 8.400.00 5935600000-E 12" ENCASEMENT PIPE 16" ENCASEMENT PIPE BORE AND JACK OF 12" BORE AND JACK OF 16" LF I $ - $ 5835700000-E LA $ $ 5872500000-E LF $ $ - $ 5872500000-E LF $ Board of Commissioners - September 3, 2024 ITEM: 3 - 2 - 7 STRUCTURES Girder T4 no Staged Construction no On -Site 1 Off -Site Detour no _ New Ali invent Construction no BRIDGE - SIZE & TYPE SF $ $ 8017000000-N JCONSTRUCTION, MAINTENANCE, & REMOVAL OF TEMP ACCESS LS $ $ 8035000000-N I REMOVAL OF EXISTING STRUCTURE SF $ 8210000000-N BRIDGE APPROACH SLABS SF $ S NOISE WALLS SF $ $ MSE RETAINING WALLS SF $ $ GRAVITY RETAINING WALLS SF $ $ LF CULVERTS - NUMBER & SIZE OF BARRELS & TYPE $ I (MISCELLANEOUS LANDSCAPING TREES 17 ea $ 365.00 $ 6.205.00 ORNAMENTAL PLANTING AND BED PREP 56 ea $ 65.00 $ 3640.00 PERMANENT GRASS!TURF - see erasion controls $ $ IRRIGATION REPAIR 1 LS $ 3.000.00 $ 3000.00 OLD FOOTING/REFUSE/SUBMERGED OBJECT REMOVAL AND DISPOSAI 1 LS $ 2,500.00 $ 2-500.00 3 Pille Barrier Rail 208 LF $ 125.00 S 26,000.00 MISCELLANEOUS 5% STR & UTILITIES i 1 LS $ 13 014,00 MISCELLANEOUS LO%ROADWAY; 1 LS $ 211974.48 Lgt6 Mi. Contract Cost .............. $ 2,765,354.96 E. & C. 25% .............. S 691,338.74 Construction Cost .............. .............. .............. $ 3,456,693.70 Board of Commissioners - September 3, 2024 ITEM: 3 - 2 - 8 Monkey Junction Pedestrian Improvement Project Existing Facilities Construct a multi -use path along the east side of Carolina Beach Road from approximately Willoughby Park Drive to approximately Antoinette Drive (approx 2,600 feet). STBGP-DA FUNDING APPLICATION NEW HANOVER COUNTY, NC • Project (CBR) 0 Project Buffer (0.5 Miles) Existing MUP/Greenway Existing Bicycle Facilities Existing Sidewalks WAVE Bus Stop km r. _ � 1 •'1 1 ti rn L til. f I yi , yll,.4 1* rr r` � �{.,° f � �,�Gpr¢�' • ',L--'J//�� U„ � , s�.� � � 1�'C,1�� 1. r 1 II t' r 1, ,- • —A' 1� � jam}dl- — i •a + F:F r ^L I 1 1 L mi III NI 3 IN r_Y 4VIJ L S 1 1 k " 1 0.25 ee Bo - er 3 2�.«�„ram r �♦ r Miles Monkey Junction Pedestrian Improvement Project t Schools Construct a multi -use path along the east side of Carolina Beach Road from approximately Willoughby Park Drive to approximately Antoinette Drive (approx 2,600 feet). STBGP-DA FUNDING APPLICATION NEW HANOVER COUNTY, NC Project (CBR) 0 Project Buffer (0.5 Miles) Business Residential .; ti r •'�"'�V f 1 , A' A • ••• A yy� 1 iry rr Monkey Junction Pedestrian Improvement Project Existing Facilities Construct a multi -use path along the east side of Carolina Beach Road from approximately Willoughby Park Drive to approximately Antoinette Drive (approx 2,600 feet). STBGP-DA FUNDING APPLICATION NEW HANOVER COUNTY, NC Project (CBR) 0 Project Buffer (0.5 Miles) C) High School ® Middle School Elementary School ® Private School New Hanover Brunswick I li 60 iL A.W.. L — r kN R• '1 � ' ADA - ^ { - L 1 ' A4NJN 1 - _ y 1 • _ -' of r� , '� .. � '� -• � ^ 1OIL ' "4 • u 4 L% — J 1 •'� " 1r 1F'F LL rr, ■�9�1 - Irrj.Y ti r I I� ' - � ••� I Li _ I^I a I 4 1 I- 1 Bo 0.Z5 _ er 3 2024 Miles r � , South College Project Proposed Project Map Construct a multi -use path along the east side of Carolina Beach Road from approximately S 17th to Piner Rd. STBGP-DA FUNDING APPLICATION NEW HANOVER COUNTY, NC • Project (S. College) 0 Project Buffer (0.5 Miles) Existing MUP/Greenway Existing Bicycle Facilities Existing Sidewalks WAVE Bus Stop New Hanover Brunswick 7 AN It 41. ze r I • � �'I I I': J •1 I J � I I P II n y II 1 r 1• • i ' Y ' ' lam_ _ f 1 0.6 ' Bo - ber'3, 2024 Miles S• i 1 — I E 1 1;t South College Project Proposed Project Map Construct a multi -use path along the east side of Carolina Beach Road from approximately S 17th to Piner Rd. STBGP-DA FUNDING APPLICATION NEW HANOVER COUNTY, NC — - Project (S. College) F-1 Project Buffer (0.5 Miles) Non -Residential Residential 11 ti ' A - 1 ti f: 1 + rti 1 s ff 1 1• � r -• 1 - 0.6 F - Bo - RAnto ber 2024 Mies f South College Project Proposed Project Map Construct a multi -use path along the east side of Carolina Beach Road from approximately S 17th to Piner Rd. STBGP-DA FUNDING APPLICATION NEW HANOVER COUNTY, NC Project (S. College) 0 Project Buffer (0.5 Miles) High School ® Middle School Elementary School ® Private School New Hanover Brunswick NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:9/3/2024 Consent DEPARTMENT: County PRESENTER(S): Kemp Burpeau, N HC Senior Deputy County Attorney and Joe Attorney Suleyman, N HC Recycling & Solid Waste Director CONTACT(S): Kemp Burpeau and Joe Suleyman SU BJ ECT: First Reading: Approval of Solid Waste Franchise Agreement for Bin Butler LLP 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 Environmental Management 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 franchise award. Upon award, the company will provide Certificates of Insurance, agree not to bring outside waste into county and to haul all waste to a county designated facility, if required by law. ATTACHMENTS: Solid Waste Franchise Agreement Supporting Document COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approve award. Board of Commissioners - September 3, 2024 ITEM: 4 COMMISSIONERS' ACTIONS: Approved (5-0). Board of Commissioners - September 3, 2024 ITEM: 4 New Hanover County Contract # 25-0155 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 BIN BUTLER, LLP, a North Carolina limited liability partnership, with its principal mailing address at 318 Ashworth Manor Court, 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 - September 3, 2024 ITEM: 4 - 1 - 1 New Hanover County Contract # 25-0155 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 Auto 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 - September 3, 2024 ITEM: 4 - 1 - 2 New Hanover County Contract # 25-0155 Commissioners creating an exclusive franchise system for residential solid waste collection in the unincorporated County. 14. Non -Waiver of Rights. It is agreed that County's failure to insist upon the strict performance of any provision of this agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any rights under this agreement. 15. Equal Opportunity. In connection with the performance of this agreement, Operator agrees not to discriminate against any employee or applicant for employment because of race, religion, color, sex, age, disability, or national origin. 16. Entire Agreement. This agreement constitutes the entire understanding of the parties with regard to the provision of solid waste collection and disposal. No modification of rescission of this agreement shall be effective unless evidenced by a writing signed by both parties to this agreement. 17. E-Verify Compliance. Operator shall fully comply with the U.S. Department of Homeland Security employee legal status E-Verify requirements for itself and all its subcontractors. Violation of the provision, unless timely cured, shall constitute a breach of contract. IN WITNESS THEREOF, the parties have hereunto set their hands and seals by authority duly given on the day and year first above written. STATE OF COUNTY BIN BUTLER, LLP Member/Manager (SEAL) I, , a Notary Public of the State and County aforesaid, certify that came before me this day and acknowledged that (s)he is Member/Manager of BIN BUTLER, LLP, a North Carolina limited liability partnership, and that by County duly given and as the act of the corporation, the foregoing instrument was signed and sealed in its name by its Member/Manager. WITNESS my hand and official seal, this Notary Public [SEAL] day of , 2024. My Commission Expires New Hanover County digital signature page attached hereto and incorporated herein by reference. Board of Commissioners - September 3, 2024 ITEM: 4 - 1 - 3 Bin Butler, LLP Owners • Laszlo Almasi, resident of Rocky Point, NC • Valentina Vulaj, resident of Wilmington, NC Employees To begin with, Bin Butler will be operated solely by both owners. As operations grow, we will be expanding and employing personnel as necessary. We can't predict the number of employees we will require until such time as operations and contracts dictate that number Equipment Our initial stage will require only a roll off cart/dumpster trailer with multiple bins/dumpsters. We do anticipate growth within 12-18 months that will require the purchase of additional equipment to include several different types of vehicles • Gooseneck roll off trailer and cart for initial upstart, already purchased • Ram 2500 diesel truck for gooseneck operations, already purchased • Hook lift truck/s, future • Trailer mounted trash compactor and/or non-cdltruck with compactor, future • Side load or front load trash collection truck with automated bin lift for single operator for both curbside trash/recycling collection as well as for commercial dumpster operations, future Areas of Operation • New Hanover County including Wilmington, the Ogden, and Porters Neck areas • Pender County including Hampstead, Rocky Point and Castle Hayne Types of Refuse • Household trash and recycling • Construction/remodeling debris, roll -off cart division • Yard waste Board of Commissioners - September 3, 2024 ITEM: 4 - 2 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:9/3/2024 Regular DEPARTMENT: Governing PRESENTER(S): Lee Monroe, Committee Member of 100 Black Men of Coastal Body North Carolina CONTACT(S): Commissioner Jonathan Barfield, Jr. SU BJ ECT: Consideration of Black Male Health and Wellness Month Proclamation BRIEF SUMMARY: The 100 Black Men of Coastal North Carolina (100 BMCNC),is proud to host the First Annual Black Men's Health & Wellness Summit to promote awareness regarding the most prevalent health -related issues amongst black males, particularly those 18 years and older. The event will be held on Saturday, September 14, 2024 at the I LA Hall at 1305 S. 5th St in Wilmington, with doors opening at 8 am and closing by noon. The event will feature health and wellness vendors, free health screenings, education, a keynote address, and a panel discussion with local Black and African American doctors. Refreshments and lunch will also be provided at no cost to attendees. Commissioner Barfield has been invited to attend and read the proclamation during the summit. STRATEGIC PLAN ALIGNMENT: • Good Governance o Effective County Management ■ Increase transparency and awareness about county actions RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation and present it to Members of The 100 Black Men of Coastal North Carolina. ATTACHMENTS: Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend adoption. COMMISSIONERS' ACTIONS: Adopted and took photo with presenters (5-0). Board of Commissioners - September 3, 2024 ITEM: 5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BLACK MALE HEALTH AND WELLNESS MONTH PROCLAMATION WHEREAS, the health and well-being of all citizens is essential to the overall prosperity and quality of life in our community: and WHEREAS, Black men in our community face significant health disparities, including higher rates of chronic diseases such as hypertension, diabetes, heart disease, and prostate cancer compared to other demographics; and WHEREAS, these health disparities are influenced by a combination of social, economic, and environmental factors, including limited access to healthcare, healthy food options, safe environments for physical activity, and educational resources; and WHEREAS, the promotion of preventative health measures, regular health screenings, and health education is vital in addressing and reducing these disparities; and WHEREAS, organizations such as the 100 Black Men of Coastal North Carolina Inc. and its partners have demonstrated leadership and commitment in promoting health awareness, providing free health screenings, and empowering Black men with the knowledge and resources to lead healthier lives; and WHEREAS, September has been recognized by various health organizations and communities as a time to focus on the health of Black men, encouraging them to take proactive steps towards maintaining their health and well-being; and WHEREAS, the community must come together to support and participate in initiatives promoting health equity and improving the overall health outcomes for Black men. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that September will be recognized as "Black Male Health and Wellness Month" in New Hanover County. ADOPTED this 3d day of September, 2024. NEW HANOVER COUNTY William E. Rivenbark, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - September 3, 2024 ITEM: 5 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:9/3/2024 Regular DEPARTMENT: Finance PRESENTER(S): Layton Bedsole, Coastal Projects Coordinator& NHC Eric Credle, Chief Financial Officer CONTACT(S): Eric Credle SU BJ ECT: Consideration of Adoption of the Resolution for Beach Project Funding Flow— Agent Capacity BRIEF SUMMARY: On a regular basis, coastal storm damage reduction maintenance projects occur involving Carolina Beach, Kure Beach and Wrightsville Beach are covered by beach -specific Project Partnership/Cooperation Agreements with the Department of the Army (the "Agreements"). These projects primarily involve beach re -nourishment. Funding for the projects under the Agreements includes funds held by the County on behalf of the Beaches that are generated from the County's room occupancy tax. While the County is not a party to the Agreements, the County has historically managed, accounted for, reconciled, and directly initiated or received any outgoing or incoming payments between the Beaches and the Army related to the Projects. Because the County is not a legal party to the Agreements, but is involved in the transfers of funds governed by the Agreements, the Army has asked the County and each of the Beaches to formalize the agency capacity that the County has served in. By adopting the attached resolution, it is expected that the County will be able to continue serving in its historical role as it relates to the Agreements. 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: Adopt resolution. ATTACHMENTS: Resolution Staff Presentation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Board of Commissioners - September 3, 2024 ITEM: 6 Recommend adoption. COMMISSIONERS' ACTIONS: Adopted (5-0). Board of Commissioners - September 3, 2024 ITEM: 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS A RESOLUTION APPOINTING NEW HANOVER COUNTY AS THE AGENT FOR THE LIMITED PURPOSE OF DISBURSING PAYMENTS TO THE UNITED STATES ARMY CORPS OF ENGINEERS AND RECEIVING REPAYMENTS FROM EXCESS FUNDS FOR BEACH NOURISHMENT PROJECTS FOR THE TOWNS OF WRIGHTSVILLE BEACH, CAROLINA BEACH, AND KURE BEACH WHEREAS, the Towns of Wrightsville Beach, Carolina Beach, and Kure Beach (collectively referred to herein as the "Towns") have historically made and entered into Project Cooperation Agreements with the Department of the Army (the "Army") for periodic beach renourishment projects; and WHEREAS, the Towns, as participants in the Project Cooperation Agreements (collectively referred to herein as the "Agreements"), will remain the Non -Federal Sponsor for each project and are ultimately responsible for all obligations of the non-federal sponsor, financial and otherwise; and WHEREAS, the Agreements are subject to federally mandated cost -sharing requirements obligating the Towns to contribute to the total costs of their respective renourishment projects; and WHEREAS, the Towns' contributions under the Agreements are partially funded by room occupancy taxes collected and held by New Hanover County ("County"); and WHEREAS, the County historically has worked in tandem with the Army under the Agreements and participated as an agent, disbursing funds, and receiving excess refunds on behalf of the Towns, accurately and effectively accounting for the Towns' contributions required under the Agreements; and WHEREAS, the County believes it is in the best interest of the Towns and the County to continue to serve as the agent for the Towns for the limited purpose of disbursement of funds to the Army and receipt of any excess repayment from the Army of excess funds; and NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners in a meeting duly noticed and assembled that: 1. The County is hereby authorized to serve as the agent for the Towns for the limited purpose of disbursement of funds to the Army and receipt of any repayment from the Army of excess funds. It is recognized that this does not transfer any responsibility under the agreements to the County, nor does it grant the County any substantive rights under the agreements. 2. Any other project -related matter, specifically to include transfer of funds between the Towns' portions of that project, will be initiated only after approval is received from the requisite non-federal entities (the Towns). 3. The County will continue to maintain and administer the Room Occupancy Tax Fund (funded by room occupancy taxes collected throughout the County) and account for payments made on behalf of the Towns' contributions for the Agreements. 4. This agency appointment is revocable upon delivering 30 days' written notice to the Towns. ADOPTED this 3rd day of September 2024. NEW HANOVER COUNTY William E. Rivenbark, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Boad Board of Commissioners - September 3, 2024 ITEM: 6 - 1 - 1 Beach Nourishment Funding Flow Eric Credle Chief Financial Officer Overview Project Partnership Agreements Executed between the Department of the Army (separate agreements) • Wrightsville Beach • Carolina Beach • Kure Beach Governs beach renourishment projects, including cost split Funded with a mix of federal &state funds +local room occupancy tax funds County is not technically a party to the agreements • Has historically handled payments and related administrative matters Refunds Beach Nourishment Funding Flow - Historical O� Refunds 11 Room Occupancy Taxes Federal (Dept. of Army) Contractors Beach Nourishment Funding Flow —Without Resolution State Funds Ln d5 Wrightsville Re�4 v County — ROT Funds IV (Sand Fund) A Carolina 4�4's Kure Room Occupancy Taxes Federal (Dept. of Army) Contractors Resolution Designates the county as an agent authorized to make and receive project -related payments • No transfer of responsibility or rights with/to the County. Any other matter requires approval of the beaches County continues to maintain& administer the Room Occupancy Tax Sand Fund Revocable by County with 30 Days Notice Maintains the Status Quo NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:9/3/2024 Regular DEPARTMENT: Museum PRESENTER(S): Kitty Yerkes, Cape Fear Museum Donor Relations Director and Kate Baillon, Cape Fear Museum Museum Director CONTACT(S): Kate Baillon SU BJ ECT: Consideration of Adoption of the Resolution for Sponsorship Naming Rights of Cape Fear Museum Digital Dome Theater BRIEF SUMMARY: The relocation and expansion of the Cape Fear Museum to Grace Street will include a Digital Dome Theater. As part of a fundraising campaign to support programming within this new space, Cape Fear Museum Associates, the nonprofit arm of the museum, is seeking naming sponsorships. nCino has committed to a 10-year naming sponsorship for the Digital Dome Theater. This sponsorship will provide funding to support the ongoing development of programming in the new museum space at Project Grace, as part of the "Invest in Grace" campaign. STRATEGIC PLAN ALIGNMENT: Good Governance o Organizational Capacity ■ Engage in and apply continuous learning RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt resolution. ATTACHMENTS: Resolution CFMA Invest in Grace: Transforming Our Future - Fundraising Campaign CFM Associates Board Meeting Minutes CFMAd\isory Board minutes Agreement Staff Presentation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Board of Commissioners - September 3, 2024 ITEM: 7 Recommend adoption. COMMISSIONERS' ACTIONS: Adopted (5-0). Board of Commissioners - September 3, 2024 ITEM: 7 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION APPROVING THE SPONSORSHIP NAMING RIGHTS OF THE CAPE FEAR MUSEUM DIGITAL DOME THEATER WHEREAS, New Hanover County is relocating its Downtown Public Library Branch and Cape Fear Museum to its new location on Grace Street, with an anticipated library opening in the fall of 2025 and museum opening in the spring of 2026; and WHEREAS, with the relocation and expansion of the Cape Fear Museum, the new museum will include a Digital Dome Theater that will be 1,000 square feet and seat 60 people; and WHEREAS, this 360-degree immersive Digital Dome Theater will create unique, fun, and accessible experiences aligned with North Carolina school curriculums on topics such as astronomy, marine biology, environmental science, and history; and WHEREAS, the Cape Fear Museum Associates, as the fundraising arm of the Cape Fear Museum, has secured a naming sponsorship for the Digital Dome Theater from nCino OpCo, Inc. in the amount of $160,000; and WHEREAS, the naming sponsorship period will be for 10 years as outlined in the negotiated agreement between Cape Fear Museum Associates, Inc. and nCino OpCo, Inc. NOW, THEREFORE, BE IT RESOLVED, by the New Hanover County Board of Commissioners that it approves the sponsorship, and the Digital Dome Theater will officially be named the "nCino Digital Dome Theater" upon the museum opening and for the duration of the agreed -upon sponsorship period. ADOPTED this the 3rd day of September, 2024. NEW HANOVER COUNTY William E. Rivenbark, Chairman ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - September 3, 2024 ITEM: 7 - 1 - 1 How can you support and collaborate? Cape Fear Museum is poised to become a pivotal cultural institution, offering unparalleled opportunities for learning, discovery, and inspiration to our diverse community and beyond. Opening in spring 2026, this new state-of-the-art museum will be a transformational destination in downtown Wilmington. We are seeking your support with a rare opportunity to shape the cultural landscape of downtown Wilmington and be a part of a legacy that will inspire and educate for generations to come. Below are naming opportunities for the new Cape Fear Museum. Digital Dome Theater $160,000 Located on the 1 st Floor. An immersive 1,000 sq ft theater that will seat 60 people. I Auditorium $140,000 Located on the 1 st Floor. A program space seating 120 people with a stage and projection system. Traveling Exhibition Gallery Two Museum Classrooms $120,000 $60,000 each Located on the 3rd Floor. Located on the 3rd Floor. An adaptable 5,000 sq ft space Educational program spaces to host temporary exhibit�gp§.ot commissioners - septembWcjtj@9430 students each. ITEM: 7 - 2 - 1 Digital Dome Theater $160,000 — Exclusive Naming Right Audience: K-12 field trips, families, and repeat museum visitors • An immersive 360 degree digital dome theaterwill be a centerpiece of the new museum. • The theater will create unique, fun, and accessible experiences aligned with NC school curriculums. • Shows in the theater will include topics such as astronomy, marine biology, environmental science, and history. Auditorium $140,000 — Exclusive Naming Right Audience: Adult and general audience programming • Space is jointly used by Museum and Library and can be split into two or three program areas. • Community events offering cultural celebrations and local history presentations. • Programs will include expert guest speakers in history, science, and other fields. • Panel discussions encouraging community dialogue and idea exchange. • Professional development workshops for educators integrating museum resources into their teaching. Traveling Exhibition Gallery $120,000 — Exclusive Naming Right Audience: General Audience • The gallery will host new exhibitions on a rotating basis and can be split into variable sizes; keeping the visitor experience refreshed. • Special "blockbuster" exhibits will appeal to visitors from a wide region and interest range. • Exhibitions may be rented from internationally recognized partners such as the Smithsonian. 'rein MIICONI M N_IgccrnnMV $60,000 Each — Exclusive Naming Right Per Room Audience: Primarily K-8 grades for field trips • Programs complementing school learning such as hands-on science and history field trips. • A versatile space supporting the general public interest, special needs, and accessibility programs. Board of Commissioners - September 3, 2024 ITEM: 7 - 2 - 2 Your generous contribution, which may be paid over a four year commitment period, will be acknowledged through ti ' ''k a variety prestigious recognitions: of resti ious y Prominent Displav of Naming Rights - Your name or company logo will be prominently displayed in the sponsored space for up to 10 years. Extensive Advertisina Recnanitinn! Receive recognition in all advertising related to signature events held in the sponsored space, including local and regional print and digital ads. major saonsorsniD Announcement: Be announced as a Major Sponsor at Cape Fear Museum at Grace Opening Gala in Spring 2026. iocial Media and Website Acknowledgment: Recognition across our social media platforms (active followers: FB 8,000— Instagram 3,419— Twitter/X 5,650) and on Cape Fear Museum's website. Event Hosting: Opportunity to host events at Cape Fear Museum at Grace in coordination with museum operations, over a 4-year period — 4 events at the $160K level, 3 events at the $140K level, 2 at the $120K level, and 1 at the $60K level. 11rivate Curated Tours Enjoy behind -the -scenes tours of Cape Fear Museum at Grace and curated tours of the museum collections at Market Street, over the 4- year time period - 4 tours at the $160K level, 3 tours at the $140K level, 2 tours at the $120K level, and 1 tour at the $60K level. Gamily Memberships. Receive family memberships annually for a 4-year period each offering reciprocal benefits at participating museums- 20 memberships at the $160K level, 15 memberships at the $140K level, 10 memberships at the $120K level, and 5 memberships at the $60K level. Customized Admission Passe. - Receive customized single -admission passes to the museum for distribution to clients or staff annually for the 4- year period- 65 passes at the $160K level, 35 passes at the $140,000 level, 20 passes at the $120K level, and 10 passes at the $60K level. After the 4-year period, there is an opportunity to participate in a corporate membership program. some special events exclusions may apply. oar of Commissioners - September 3, 2024 ITEM: 7 - 2 - 3 capefear museum Cape Fear Museum Associates, Inc. exists to ensure the success of Cape Fear Museum through fundraising, memberships, programming, and community awareness. 2024-2025 Board President Sara Izad Vice President Toni Pence Secretary Susan Hanna Treasurer John L. Coble Immediate Past President Katie Gloe Amy Akers Kate Baynard Stuart Borrett Kathryn Brewer Ginny Dunn Carol Anne Durham Richard Formo Wheat Holt Jack Mills, Emeritus Girard Newkirk Chip Rajca Daniella Reina AshleySmeaton Judy Thornton Board Meeting August 6, 2024, Minutes Board Members Present Ashley Smeaton, Carol Anne Durham, Chip Rajca, Daniella Reina, Ginny Dunn, Jack Mills, Judy Thornton, Kate Baynard, Katie Gloe, Kathryn Brewer, Richard Formo, Sara Izad, Stuart Borrett, Toni Pence, and Wheat Holt. Board Members Absent Amy Akers, John Coble, Girard Newkirk, and Susan Hanna Invited Guests Present Charlie Dickinson and Josh Swindler, First Citizens Wealth Management Museum Staff Present Barbi Baker, Kate Baillon, and Kitty Yerkes Call to Order at 5:06 pm on Teams. Sara Izad Quorum present. President Report Sara Izad Sara asked for approval of the July 9, 2024, Board meeting minutes. Motion to approve the minutes with the proposed revisions from John Coble to amend the document title (removal of the word Social) and add text to reflect that a quorum of the board was present at the July 9, 2024, meeting. Motion to approve the revised July 9, 2024, Board Meeting Minutes was made by Chip, second Jack, motion carried. Sara thanked all for attending this important meeting with the decision to move to a remote meeting via the Teams platform due to inclement weather (Hurricane Debby). Sara turned the meeting to invited guests from First Citizens Wealth, Charlie Dickinson and Josh Swindler for their presentation to the board on their investment strategy and the portfolio status for Cape Fear Museum Associates funds. First Citizen Wealth team has managed the Associates investments for manyyears. Board of Commissioners - September 3, 2024 ITEM: 7 - 3 - 1 The First Citizens report was presented in two basic components: Global Markets: including overview of stock rallies, market valuations, forecasters policy rates, monetary policy, US Treasury yields, and inflation. Associates Portfolio Review: including report of allocations with 70% in equity and 30% in fixed income, holding summary, performance indicators for 6.5 to 7% return noting a 14% strong return recently noting July only 2% return with August being more volatile. The First Citizens Wealth written report is included in its entirety and recorded with these minutes. The floor was open to questions. Ginny asked about CD investments and First Citizens responded "no" that they favor equities for long term holdings. The First Citizen representatives were thanked for their presentation and departed the meeting. Treasurers Report Kitty Yerkes and Chip Rajca for John Coble It was reported that the Finance Committee met by Zoom on July 18 to consider the potential for engagement with other investment firms. The other firms identified to consider include Dan Owen, Northwestern Mutual; Jason Wheeler, Pathfinders; and Reid Murchison, The Murchison Group. Kitty suggested calling a meeting for September 3 to accommodate presentations by the other proposed investment firms. After a show of hands to indicate general availability a September 3 meeting will be scheduled, with a calendar invite to follow. Toni asked why a change is under review. Kitty responded that it is best practice to review contracted services periodically. lack mentioned the importance of local partners. Judy asked if NHC needs to approve a potential change. Kitty responded, "No". Fundraising Report Kitty Yerkes Kitty reported generally on the progress of Invest in Grace. The nCino commitment to supporting the Digital Dome was noted and applauded! Thank you, Sara. Sara also offered to create a master template to aid capturing board connections for naming opportunities and sponsorships. Kitty mentioned the February 7, 2025, annual STEM fundraiser themed to the Game Changers exhibit and a video game competition event. Event committee work to begin soon. Potential sponsors mentioned were Ray Pastore, Professor of Instructional Technology + Esports Program Coordinator @ UNCW, Author, Youtuber, Gamer, Programmer, Instructional Designer, and Multimedia Developer; Grover Games, software developers for game content, and gaming systems with over 400 employees across nine states including a design studio in the Cotton Exchange in Wilmington; Epic Games and Retroscape. Project Grace Update Kate Baillon Kate shared the "vision package" for Curious Nature gallery and the outdoor terrace at Project Grace. Board of Commissioners - September 3, 2024 ITEM: 7 - 3 - 2 Upcoming Events & Programs Barbi Baker Barbi shared upcoming events: • International Observe the Moon Night on Sat., 9/14 from 7 to 9 pm. • Take A Child Outside on Saturday, 9/28 from 10 am to 12 pm. • Literacy Extravaganza on Sunday, 10/6 from 2 to 4 pm. Chip asked how best to share events and requested email links to share. Kitty and Barbi to follow up. Old / New Business / Adjourn- none A motion to adjourn the meeting was made by Ginny, second by Stuart. Meeting Adjourned5:51 pm Next Board Meeting September 3, 2024, Cape Fear Museum, 5:00 PM Board of Commissioners - September 3, 2024 ITEM: 7 - 3 - 3 capefear museum Cape Fear Museum Associates, Inc. exists to ensure the success of Cape Fear Museum through fundraising, memberships, programming, and community awareness. 2024-2025 Board President Sara Izad Vice President Toni Pence Secretary Susan Hanna Treasurer John L. Coble Immediate Past President Katie Gloe Amy Akers Kate Baynard Stuart Borrett Kathryn Brewer Ginny Dunn Carol Anne Durham Richard Formo Wheat Holt Jack Mills, Emeritus Girard Newkirk Chip Rajca Daniella Reina AshleySmeaton Judy Thornton Board Meeting August 6, 2024, Minutes Board Members Present Ashley Smeaton, Carol Anne Durham, Chip Rajca, Daniella Reina, Ginny Dunn, Jack Mills, Judy Thornton, Kate Baynard, Katie Gloe, Kathryn Brewer, Richard Formo, Sara Izad, Stuart Borrett, Toni Pence, and Wheat Holt. Board Members Absent Amy Akers, John Coble, Girard Newkirk, and Susan Hanna Invited Guests Present Charlie Dickinson and Josh Swindler, First Citizens Wealth Management Museum Staff Present Barbi Baker, Kate Baillon, and Kitty Yerkes Call to Order at 5:06 pm on Teams. Sara Izad Quorum present. President Report Sara Izad Sara asked for approval of the July 9, 2024, Board meeting minutes. Motion to approve the minutes with the proposed revisions from John Coble to amend the document title (removal of the word Social) and add text to reflect that a quorum of the board was present at the July 9, 2024, meeting. Motion to approve the revised July 9, 2024, Board Meeting Minutes was made by Chip, second Jack, motion carried. Sara thanked all for attending this important meeting with the decision to move to a remote meeting via the Teams platform due to inclement weather (Hurricane Debby). Sara turned the meeting to invited guests from First Citizens Wealth, Charlie Dickinson and Josh Swindler for their presentation to the board on their investment strategy and the portfolio status for Cape Fear Museum Associates funds. First Citizen Wealth team has managed the Associates investments for manyyears. Board of Commissioners - September 3, 2024 ITEM: 7 - 4 - 1 The First Citizens report was presented in two basic components: Global Markets: including overview of stock rallies, market valuations, forecasters policy rates, monetary policy, US Treasury yields, and inflation. Associates Portfolio Review: including report of allocations with 70% in equity and 30% in fixed income, holding summary, performance indicators for 6.5 to 7% return noting a 14% strong return recently noting July only 2% return with August being more volatile. The First Citizens Wealth written report is included in its entirety and recorded with these minutes. The floor was open to questions. Ginny asked about CD investments and First Citizens responded "no" that they favor equities for long term holdings. The First Citizen representatives were thanked for their presentation and departed the meeting. Treasurers Report Kitty Yerkes and Chip Rajca for John Coble It was reported that the Finance Committee met by Zoom on July 18 to consider the potential for engagement with other investment firms. The other firms identified to consider include Dan Owen, Northwestern Mutual; Jason Wheeler, Pathfinders; and Reid Murchison, The Murchison Group. Kitty suggested calling a meeting for September 3 to accommodate presentations by the other proposed investment firms. After a show of hands to indicate general availability a September 3 meeting will be scheduled, with a calendar invite to follow. Toni asked why a change is under review. Kitty responded that it is best practice to review contracted services periodically. lack mentioned the importance of local partners. Judy asked if NHC needs to approve a potential change. Kitty responded, "No". Fundraising Report Kitty Yerkes Kitty reported generally on the progress of Invest in Grace. The nCino commitment to supporting the Digital Dome was noted and applauded! Thank you, Sara. Sara also offered to create a master template to aid capturing board connections for naming opportunities and sponsorships. Kitty mentioned the February 7, 2025, annual STEM fundraiser themed to the Game Changers exhibit and a video game competition event. Event committee work to begin soon. Potential sponsors mentioned were Ray Pastore, Professor of Instructional Technology + Esports Program Coordinator @ UNCW, Author, Youtuber, Gamer, Programmer, Instructional Designer, and Multimedia Developer; Grover Games, software developers for game content, and gaming systems with over 400 employees across nine states including a design studio in the Cotton Exchange in Wilmington; Epic Games and Retroscape. Project Grace Update Kate Baillon Kate shared the "vision package" for Curious Nature gallery and the outdoor terrace at Project Grace. Board of Commissioners - September 3, 2024 ITEM: 7 - 4 - 2 Upcoming Events & Programs Barbi Baker Barbi shared upcoming events: • International Observe the Moon Night on Sat., 9/14 from 7 to 9 pm. • Take A Child Outside on Saturday, 9/28 from 10 am to 12 pm. • Literacy Extravaganza on Sunday, 10/6 from 2 to 4 pm. Chip asked how best to share events and requested email links to share. Kitty and Barbi to follow up. Old / New Business / Adjourn- none A motion to adjourn the meeting was made by Ginny, second by Stuart. Meeting Adjourned5:51 pm Next Board Meeting September 3, 2024, Cape Fear Museum, 5:00 PM Board of Commissioners - September 3, 2024 ITEM: 7 - 4 - 3 Docusign Envelope ID: 1C3C2662-DFBA-45AO-8E44-418A7COC9248 Agreement between Cane Fear Museum Associates. Inc. and 8/19/2024 1 11:18 AM PDT nCino OpCo. Inc. THIS AGREEMENT ("Agreement"), effective as of the date of last signature below ("Effective Date"), is made and entered into by and between nCino OpCo, Inc., whose address is 6770 Parker Farm Drive, Wilmington, NC, 28405 ("nCino") and Cape Fear Museum Associates, Inc., who manages fundraising for Cape Fear Museum of History and Science at 814 Market Street, Wilmington, NC 28401 (the "Museum"), which is owned and operated by New Hanover County Government (the "County"), for sponsorship of an amenity within the Museum's new location currently under construction in downtown Wilmington (the "Grace Site"). In consideration of the promises and the mutual covenants in this Agreement, nCino and the Museum agree as follows: 1. Purpose. The parties agree to enter into this Agreement for the purpose of generating revenue for the development of Grace Site via its fundraising efforts entitled "Project Grace" and as consideration of an advertising opportunity for nCino ("Sponsorship"). nCino desires that the Sponsorship Fee shall be used towards the Grace Site and the Museum shall be entitled to spend the funds from the Sponsorship Fee in its discretion consistent with the intent of Project Grace, as may be modified from time to time. 2. Sponsorship Rights. During the Term, nCino shall receive the sponsorship rights set forth in Appendix A of this Agreement ("Sponsorship Rights"), which appendix may be revised in writing from time to time upon mutual agreement of the parties, including signage and naming rights ("Naming") to the Digital Theater at the Grace Site (the "Digital Theater") until June 30, 2036 ("Naming Duration"). Prior to affixing any signage at the Digital Theater, nCino and the Museum shall mutually agree upon designs including but not limited to, sizes, coloring, lettering style, and any graphic art standards for usage of nCino's logo in accordance with Section 7. All advertising in relationship to the Digital Theater and promotional material produced, published, broadcast, displayed, or exhibited by the Museum relating to Project Grace or the Grace Site shall acknowledge the Sponsorship and nCino in a manner agreed to by both parties. All Naming rights granted to nCino herein are exclusive to nCino. In addition, the Museum shall not grant any competitor of nCino the right to name any portion of the Grace Site or display any signage, advertising, or promotion on any portion for such on the premises of the Grace Site for the Naming Duration. For purposes of this Section, "competitor" shall mean a company providing Software as a Service to financial institution customers. Payment. nCino hereby agrees to pay a sponsorship fee for the Sponsorship to the Museum in the amount of One Hundred Sixty Thousand Dollars ($160,000) (the "Sponsorship Fee") to be paid over a period of four (4) years. Sponsorship Payments in support of Project Grace will begin in September 2024 with an initial payment of $40,000 and will continue annually thereafter according to the following schedule ("Schedule"): Amount of navment by nCino Due Date $40,000 September 30, 2024 Board of Commissioners - September 3, 2024 ITEM: 7 - 5 - 1 Docusign Envelope ID: 1CK2662-DFBA-45AO-8E44-418A7COC9248 $40,000 September 30, 2025 $40,000 September 30, 2026 $40,000 September 30, 2027 nCino may accelerate the payment of any or all of the Sponsorship Fee at any time in nCino's discretion so long as no payments are made later than as set forth in the Schedule. Payments shall be paid by nCino to Museum via check or electronic fonds transfer not more than thirty (30) days after the due date set forth in the Schedule above. Payment of the Sponsorship Fee is expressly conditioned upon the County's construction of the Grace Site as further set forth herein. In addition to nCino's rights with respect to termination in Section 6(b), nCino shall have no duty to make any payment of the Sponsorship Fee so long as the Museum is in default under this Agreement. The Museum shall have a reasonable period of time to cure any such default and upon remediation of such default, nCino shall promptly pay to the Museum the Sponsorship Fee in accordance with the Schedule above. 4. No Quid Pro Quo. The Museum attests that nCino has received no substantial goods or services in return for the Sponsorship apart from the Sponsorship Rights. The parties agree that this Agreement does not confer upon nCino the authority to determine or influence the Museum's governance, operations, policies or programs, or the activities at the Grace Site. 5. Modification of Naming. If during the Naming Duration (as set forth in Section 2) the Digital Theater is transferred or conveyed from the Museum, closed, deconstructed, destroyed, severely damaged, relocated, or replaced, then the Museum may remove the Naming. In such event and if nCino has made all Sponsorship Fee payments on time in accordance with the Schedule, the Museum will work in good faith with nCino to find an equivalent naming opportunity within the Museum's then -current facilities. 6. Expiration and Termination of Agreement. Unless terminated earlier in accordance with this Agreement, the Agreement shall expire on August 31, 2036 (the "Term") and, except as set forth herein, neither party shall have any further obligations hereunder. a. Termination by Museum. In addition to any rights and remedies available by law, the Museum may terminate this Agreement and all rights and benefits of nCino hereunder, including without limitation terminating the Naming, but such right to terminate this Agreement shall only arise upon the occurrence of one or more of the following circumstances: 1. In the event of nCino's material breach of this Agreement if such breach remains uncured for more than thirty (30) days after receipt of written notice of the breach; 2. In the event of any default in payment of the Sponsorship Fee in accordance with the Schedule as provided in this Agreement and such late payment is not cured within 90 days; 3. In the event that nCino is adjudicated as insolvent or declares bankruptcy; or 4. In the event the County Board of Commissioners determines in its reasonable and good faith opinion that circumstances have changed such that the Naming Board of Commissioners - September 3, 2024 ITEM: 7 - 5 - 2 Docusign Envelope ID: 1C3C2662-DFBA-45AO-8E44-418A7COC9248 would materially and adversely impact the reputation, image, mission or integrity of the County and/or Museum. Upon any such termination of this Agreement and/or the Naming hereunder, the Museum shall have no further obligation or liability to nCino and shall not be required to return any portion of the Sponsorship Fee already paid. The Museum, however, may in its sole and absolute discretion determine an alternative use of and naming recognition for the portion of the Sponsorship Fee already received. Upon any such Termination of the Agreement or of Naming under this Section 6(a), nCino will have no further obligation to continue make payments in accordance with the Schedule. b. nCino reserves the right to terminate this Agreement upon written notice to the Museum in any of the following circumstances: In the event of Museum's material breach of this Agreement if such breach remains uncured for more than thirty (30) days after receipt of written notice of the breach; 2. In the event that the opening of the Grace Site does not occur by June 30, 2026; 3. In the event that the Museum is adjudicated as insolvent, declares bankruptcy, or is otherwise unable to perform its core mission; or 4. In the event the nCino's Board of Directors determines in its reasonable and good faith opinion that circumstances have changed such that the Naming would materially and adversely impact the reputation, image, mission or integrity of nCino. In the event this Agreement is terminated in accordance with this Section 6(b), nCino shall not be required to pay any unpaid installments of the Sponsorship Fee. Further, in the event this Agreement is terminated in accordance with this Section 6(b)(2), the Museum will return to nCino any payments of the Sponsorship Fee previously made under this Agreement. 7. Intellectual Property. nCino owns the trademarks listed in Appendix B ("nCino Marks"). Subject to the terms and conditions in this Agreement, nCino hereby grants the Museum a limited, revocable, non-exclusive, non-transferrable right and license to use the nCino Marks solely in connection with the Sponsorship for the Naming and in accordance with nCino's Brand Guidelines available at https://www.ncino.com/brand. The Museum acknowledges that its use of nCino Marks shall inure to the sole benefit of nCino and shall not create or transfer any right, title, or interest in the nCino Marks in favor of the Museum, except for the limited rights expressly granted under this Agreement. nCino reserves the right to prohibit the use of nCino Marks, or to modify any materials depicting nCino Marks, at any time. Upon termination or expiration of this Agreement, all rights and privileges for use of the nCino Marks by the Museum shall expire, and the Museum shall discontinue the use of the nCino Marks. 8. Repair and Maintenance. The Museum shall acquire, install, and maintain all signage contemplated by this Agreement. The Museum shall perform regular maintenance of the signage and will be responsible for repair and or replacement of the signage as needed during the Term of this Agreement, excluding any changes related to nCino corporate Board of Commissioners - September 3, 2024 ITEM: 7 - 5 - 3 Docusign Envelope ID: 1C3C2662-DFBA-45AO-8E44-418A7COC9248 branding. The Museum shall be responsible for all costs associated with this provision. Publicity. For purposes of publicizing the Sponsorship and the Naming, the Museum will have the right, without charge, to disclose and use the nCino name and nCino Marks in photographic, audiovisual, digital or any other form of medium (the "Media Materials") and to use, reproduce, distribute, exhibit, and publish the Media Materials in any manner in whole or in part, including in press releases, brochures, website postings, informational and marketing materials, and reports and publications describing the Museum's development and business activities. For purposes of publicizing the Sponsorship and the Naming, upon prior written consent from the Museum, not to be unreasonably withheld, nCino will have the right, without charge, to disclose and use the Museum name, the Project Grace name, and images of the Grace Site plans, building and the Naming signage in Media Materials and to use, reproduce, distribute, exhibit, and publish the Media Materials in any manner in whole or in part, including in press releases, brochures, website postings, informational and marketing materials, and reports and publications. 10. Representations and Warranties. The Museum represents to nCino that it will use commercially reasonable efforts to assist and support the County in the construction of the Grace Site such that it is substantially complete by June 30, 2026. Subject to the foregoing, the parties represent and warrant to each other that they are under no obligation or restriction which would in any way prevent or interfere with their ability to perform their obligations under this Agreement. 11. Compliance with Law. In the course of their respective performance under this Agreement, both parties shall comply with all applicable federal, state, and local laws, regulations, including, without limitation, laws and regulations pertaining to trademark and copyrights. 12. Confidentiality. To the extent permitted by and consistent with NC General Statute Chapter 132, Public Records, the parties agree to the following confidentiality terms: (a) Bach party will potentially share with the other certain confidential and proprietary information. Bach party, as the recipient of such confidential and proprietary information ("Recipient"), agrees to protect and maintain such information of the disclosing party ("Discloser") as set forth below. "Confidential Information" means information relating to Discloser's business including, without limitation, product designs, product plans, proprietary software and technology, services, financial information, marketing plans, business opportunities, pricing information, discounts, inventions and know-how to the extent disclosed to Recipient hereunder. (b) Recipient shall: (i) hold the Confidential Information in strict confidence and take reasonable precautions to protect the Confidential Information (including, without !imitation, all precautions Recipient employs with respect to its own confidential information), (ii) not divulge any Confidential Information to any third party (other than to employees or contractors of Recipient as set forth below), (iii) not copy, decompile or reverse -engineer any Confidential Board of Commissioners - September 3, 2024 ITEM: 7 - 5 - 4 Docusign Envelope ID: 1C3C2662-DFBA-45AO-8E44-418A7COC9248 Information, or remove any proprietary markings from any Confidential Information, and (iv) only use the Confidential Information in connection with the performance of this Agreement and for no other purpose. Any employee, agent or contractor of Recipient given access to any Confidential Information must have a legitimate "need to know" such information and Recipient shall remain responsible for each such person's compliance with this Agreement. (c) Recipient's obligations with respect to Confidential Information under this Agreement expire five (5) years from the termination or expiration of this Agreement (except that with respect to any trade secrets, the obligations shall be perpetual). (d) This Agreement imposes no obligations with respect to information which (i) was in Recipient's possession before receipt from Discloser, (ii) is or becomes a matter of public knowledge through no fault of Recipient, (iii) was rightfully disclosed to Recipient by a third party without restriction on disclosure, or (iv) is developed by Recipient without use of the Confidential Information and such independent development can be shown by documentary evidence. Recipient may make disclosures to the extent required by applicable law or legal or governmental authority provided that Recipient provides Discloser prompt notice of any such requirement (to the extent permissible under applicable law) and reasonably cooperates with Discloser in any effort of Discloser to seek a protective order, injunction or to otherwise contest such disclosure, at Discloser's expense. (e) Upon termination of this Agreement, Recipient shall (i) promptly cease using the Confidential Information, (ii) return the Confidential Information and all copies, notes or extracts thereof to Discloser within ten (10) days of receipt of Discloser's written request (provided that any retained Confidential Information shall be destroyed pursuant to Recipient's policies and procedures regarding information retention and the obligations in this Section shall continue to apply to such retained Confidential Information), and (iii) confirm in writing that it has complied with these obligations. 13. Additional Provisions. (a) This Agreement and its appendices are the entire agreement between the parties with regard to the subject matter herein. There is no other oral or written agreement between the Parties with regard to this subject matter. There are no oral or written representations or warranties made by either party, implied or express, other than those contained in this Agreement. This Agreement may not be amended except in writing and signed by both nCino and the Museum. (b) This Agreement shall be binding upon nCino and the Museum and their successors and assigns. Neither party may assign any of its rights or obligations under this Agreement without the prior written consent of the other party however, either party may assign this Agreement in its entirety without the other party's consent to an Board of Commissioners - September 3, 2024 ITEM: 7 - 5 - 5 Docusign Envelope ID: 1 C3C2662-DFBA-45AO-8E44-418A7COC9248 affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets not involving a direct competitor of the other Party. (c) This Agreement shall be governed by the laws of the State of North Carolina without regard to its principles of conflicts of law. (d) Any notice, tender, or delivery to be given hereunder by either party to the other party shall be in writing and shall be delivered by personal delivery, including messenger service or overnight courier or by registered or certified mail, postage prepaid, return receipt requested, and shall be deemed delivered upon receipt or refusal to accept delivery at the address specified in this paragraph, but each party may change its address by written notice given in accordance with this paragraph. To nCino: nCino OpCo, Inc. Attn: Chief Legal Officer 6770 Parker Farm Drive, Suite 300 Wilmington, NC 28405 To the Museum: Cape Fear Museum Associates, Inc. Attention: Sara Izad, President Cape Fear Museum Associates 814 Market Street Wilmington, NC 28401 (e) For the purpose of this Agreement, the term "Force Majeure" is defined as an act of God, act of public enemy, strike, or difference with workers, riot, disorder, epidemic, hurricane, landslide, lightning, earthquake, fire, storm, flood, civil disturbance, explosion, or other causes beyond the reasonable control of either party, whether such causes be of the class here specifically provided for or not, which prevent the party from performing hereunder. Neither party shall be liable to the other for any delays, losses, damages, or failure of performance of any of its obligation under this Agreement where such delays, losses, damages, or failures are due to Force Majeure. Notwithstanding the foregoing, in all cases the party not performing its obligations under this Agreement as a result of a Force Majeure Event shall use commercially reasonable efforts to resume full compliance with this Agreement as soon as is reasonably practicable. (t) Failure of either party to require the performance of any term of this Agreement or the waiver by either party of any breach shall not prevent subsequent enforcement of such term nor be deemed a waiver of any subsequent breach. (g) Nothing in this Agreement shall be construed to create a partnership or joint venture, nor to authorize any party hereto to act as an agent for or representative of any other party hereto. (h) Should any provision of this Agreement be found or declared unenforceable or void by any court or competent tribunal for any reason, the remaining provisions shall be severable and fully enforceable as if no such finding of unenforceability had issued, and the parties agree to negotiate in good faith to amend this Agreement to Board of Commissioners - September 3, 2024 ITEM: 7 - 5 - 6 Docusign Envelope ID: 1C3C2662-DFBA-45AO=8E44-418A7COC9248 restore the relative allocation of rights and responsibilities and economic burdens and benefits currently set forth in this Agreement after giving effect to the provision found to be unenforceable or void. (i) This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which taken together constitute one and the same instrument. Delivery of an executed counterpart of a signature page to this Agreement by facsimile or other electronic transmission shall be effective as delivery of a manually executed original counterpart of this Agreement. (j) Any provision that, in order to give proper effect to its intent, should survive the termination or expiration of this Agreement, will survive the expiration or earlier termination of this Agreement. IN WITNESS WHEREOF, the parties to this Agreement have caused this Agreement to be signed by their duly authorized representatives as of the Effective Date. NCINO MUSEUM EtMUJIL. By: By: Pierre Naude Name: Name: Title: chief Executive officer Title: Date: 8/19/2024 1 11:18 AM PDT Date: 7 CsDocuSlpned by. -1 F BTF80CD76FA4408_. Sara Izad Board President - Associate Director Engineering 8/19/2024 1 3:08 PM EDT Board of Commissioners - September 3, 2024 ITEM: 7 - 5 - 7 Docusign Envelope ID: 1 C3C2662-DFBA-45AO-8E44-418A7COC9248 APPENDIXA Sponsorship Rights 1. Naming and Signage. The Museum shall erect Naming signage (the total number of which shall be as mutually agreed by the parties) prominently displayed at the Digital Theater for the Naming Duration. 2. Media Releases and Events. nCino shall have the following media and event rights: a) Within one (1) month of the execution of this Agreement (or such other time as may be agreed to by the parties), nCino shall be permitted to issue a press release announcing the Sponsorship. The Museum will have the right to review and approve the release prior to distribution. b) The Museum will announce nCino as a Major Sponsor on its social media platforms, website, and at the Project Grace Opening Gala in Spring 2026. nCino shall participate in any groundbreaking at the Grace Site or other event celebrating Project Grace. c) nCino will have the right to issue a press release at the "official" opening of the completed Grace Site. d) nCino shall have the right to highlight the Grace Site on nCino's website and its other communication channels. L. Additional Benefits. For the duration of four (4) years after the Grace Site's opening ("Additional Benefit Term"), nCino shall receive the following from the Museum: a) A total of four (4) complimentary events hosted at the Grace Site (in coordination with Museum operations); b) A total of four (4) complimentary behind -the -scenes tours at the Grace Site and curated tours of Museum collections at the Market Street site; c) Twenty (20) complimentary family memberships annually during the Additional Benefit Term (fora total of 80 family memberships); and d) Sixty-five (65) complimentary single -admission passes to the Grace Site annually <luring the Additional Benefit Term (fora total of 260 single -admission passes). 14 Board of Commissioners - September 3, 2024 ITEM: 7 - 5 - 8 Docusign Envelope ID: 1C3C2662-DFBA-45AO-8E44-418A7COC9248 APPENDIXB n0no Marks 94 ncino. Board of Commissioners - September 3, 2024 ITEM: 7 - 5 A Call for Support & Collaboration Cape Fear Museum is poised to become a pivotal cultural institution, offering unparalleled opportunities for learning, discovery, and inspiration to our diverse community and beyond. Opening in spring 2026, this new state-of- the-art museum will be a transformational destination in downtown Wilmington. Investing in Grace supports the cultural landscape of downtown Wilmington and creates a legacy that will inspire and educate for generations to come. Digital Dorms Theater $160,000 r_ 3ER41fft Exclusive Naming Rights for 10 Years t - An immersive 360-degree digital dome rR theater will be a centerpiece of the new n TIER TIMATER --- _ RECrNT f} k ILiPi . bCQIJ KItioNs museum. CAPE FEM The theater will create unique, fun, and «M1rJ I accessible experiences aligned with NC school curriculums. Theater located on the firstfloor Shows in the theater will include topics such as astronomy, marine biology, environmental science, and history. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:9/3/2024 Regular DEPARTMENT: Finance PRESENTER(S): Eric Credle, NHC Chief Financial Officer CONTACT(S): Eric Credle SU BJ ECT: Public Hearing Request on William Louis Drive Special Assessment BRIEF SUMMARY: On August 5, 2024, the Board of Commissioners adopted a resolution for the William Louis Drive Improvement Project and Special Assessment that stated the following: 1. Determined the cost of the project to be $75,674.40. 2. Directed County staff 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. Scheduled a public hearing to consider the preliminary assessment roll. The project was initially authorized on September 7, 2021. North Carolina General Statute (NCGS) 153A-195 requires that the Board conduct a public hearing to hear all interested persons with respect to the preliminary assessment roll. The public hearing was scheduled for September 3, 2024. STRATEGIC PLAN ALIGNMENT: • Good Governance o Effective County Management ■ Deliver quality service at the right time RECOMMENDED MOTION AND REQUESTED ACTIONS: Conduct public hearing and annul, modify, or confirm the assessments as appropriate. If confirmed, direct staff to publish a Notice of Confirmation. ATTACHMENTS: Script for Public Hearing Notice of Public Hearing Preliminary -Assessment Roll Letter Public Hearing Notice - William Louis Dri\,e - Newspaper Assessment Mailing Certification Staff Presentation Board of Commissioners - September 3, 2024 ITEM: 8 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approve staff to proceed with Notice of Confirmation. COMMISSIONERS' ACTIONS: Conducted public hearing and confirmed assessment (5-0). Board of Commissioners - September 3, 2024 ITEM: 8 SCRIPT September 3, 2024 ■E.: U:T, I will now open a public hearing to receive comments on the William Louis Drive Special Assessment. The Board of Commissioners adopted a resolution on August 5, 2024 for the William Louis Drive Improvement Project that determined $75,674.40 as the costs for the project. The Board directed County staff to prepare a preliminary assessment roll and a project map, mail to each owner a notice of hearing, and schedule a public hearing to consider the preliminary assessment roll. North Carolina General Statute 153A-195 requires that the Board conduct a public hearing to hear all interested persons with respect to the preliminary assessment roll. The Board will now hear public comments. Hear comments, if any. I will now close the public hearing. Is there a motion to approve the William Louis Drive Special Assessment? If confirmed state: Staff is directed to publish a Notice of Confirmation. Board of Commissioners - September 3, 2024 ITEM: 8 - 1 - 1 NEW HANOVER COUNTY FINANCE 230 Government Center Drive, Suite 165, Wilmington, NC 28403 P: (910) 798-7187 1 F: (910) 798-7806 1 NHCgov.com Eric Credle, Chief Financial Officer August 19, 2024 Name Address City, State, and Zip Code RE: HEARING ON PRELIMINARY ASSESSMENT ROLL Dear Property Owner: Following the receipt of a petition from property owners, a preliminary assessment resolution to improve and repair William Louis Drive, between Cheryl Lane and Brandy Court, was adopted by the New Hanover County Board of Commissioners (the "Board") on September 7, 2021. These repairs improved the road and brought it up to the standards of the North Carolina Department of Transportation so that it could become a part of the state -maintained system, which occurred in November 2023. On August 5, 2024, the Board determined that the total actual cost of the project was $75,674.40 ($2,910.55 per benefitted parcel). Benefitted parcel owners will have the option of paying the assessment immediately, or in five annual installments bearing an interest rate of 4%. A copy of the preliminary assessment roll is available for review at the Office of the Clerk to the Board of County Commissioners. Current records indicate that you are the owner of the benefitted parcel: XXXX Willaim Louis Drive A public hearing on all matters covered by this preliminary assessment roll will be held at 4:00 p.m. or thereafter on the 3rd day of September 2024 in Assembly Room 301 of the Historic Courthouse located at 24 North Third Street, Wilmington, NC 28401. Following the public hearing, the Board is expected to confirm the assessment roll and the assessment amount of $2,910.55 for each benefitted parcel, and at that point, each assessment will become a lien on the related property. All interested parties are invited to present comments at the public hearing. If you have any questions, you may reach Eric Credle, Chief Financial Officer, at 910-798-7134. Sincerely, Eric Credle Chief Financial Officer Board of Commissioners - September 3, 2024 ITEM: 8 - 2 - 1 PUBLIC NOTICE NEW HANOVER COUNTY BOARD OF COMMISSIONERS PUBLIC HEARING Notice is hereby given that the New Hanover County Board of Commissioners will hold a Public Hearing at their Regular Meeting to be held on September 3, 2024 at 4:00 p.m. or thereafter in the Assembly Room of the New Hanover County Historic Courthouse, 24 North Third Street, Room 301, Wilmington, North Carolina regarding a preliminary assessment roll for improvements to William Louis Drive between Cheryl Lane and Brandy Court. The improvements smoothed out that portion of road and brought it up to North Carolina Department of Transportation standards so that it would be accepted into the state -maintained system, which it was in November 2023. Through the special assessment procedures set forth in N.C.G.S. 153A, 100% of project costs will be assessed to benefited parcel owners with an option of paying the assessment in full without interest, or in five equal annual installments bearing an interest rate at 4.0%. A copy of the preliminary assessment roll has been completed and is available for inspection in the office of the Clerk of the Board of Commissioners. All interested parties are invited to present comments at the public hearing. Kymberleigh G. Crowell. Clerk to the Board of Commissioners New Hanover County, North Carolina Board of Commissioners - September 3, 2024 ITEM: 8 - 3 - 1 NEW HANOVER COUNTY FINANCE 230 Government Center Drive, Suite 165, Wilmington, NC 28403 P: (910) 798-7187 1 F: (910) 798-7806 1 NHCgov.com Eric Credle, Chief Financial Officer August 20, 2024 To the Board of County Commissioners: I certify that I mailed the public notification letters for the William Louis Drive improvement and repair project on Monday, August 19, 2024. All notices were mailed first class at the Post Office Box located at 230 Government Center Dr. Wilmington, NC 28405. Fiscal Support Supervisor Date Board of Commissioners - September 3, 2024 ITEM: 8 - 4 - 1 Special Assessment — William Louis Drive Road Improvements Public Hearing Eric Credle Chief Financial Officer Receive Petition (July 2021) Special Assessments — NC Statute 153A BOCC - Preliminary Resolution (8/2/2021) BOCC - Public Hearing & Final Assessment Resolution (9/7/2021) Improvements Made We are here BOCC — Determination of Costs, Assessment Roll, Set Public Hearing 8/5/2024 0 � Staff Collection Activities Project Description July 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 " Olsen Park K'klan Blue Clay Farms Murraysille �- � Wrightsbow �9 eemk�PeFlb� � ' � Baysho Ogdei. aik ® o High-ille © O en 1� Wllminglen • •�n Aunnrtnal • Wlllia Louts Dr u' ilrrli rRaw aaEx «: Go gle Benefited Properties Wi!liarrlLaulsL}r i'Vrfliarrl L Ou _S 4r William Louts Pr SPrrM1 lrgw Or I � Cv4lsd 6tiig8 i� n7 L ou+s pr 2- a 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 addresses &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 • Extended the timeline for completion of project Project Completed &Road Accepted by DOT in November 2023 NEW HANOVER COUNTY I the model of good governance Mgovxom Finance September 3, 2024 Slide 7 NEW HANOVER COUNTY I the model of good governance Mgovxom Finance September 3, 2024 Slide Project Cost Original total estimated cost Parcels to be assessed Estimated assessment per parcel Final Actual Cost Parcels 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 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 August 5,, 2024 Board Meeting Resolution • Set the Determination of Costs at $75,674.40 • Directed staff to: • Prepare a preliminary assessment roll and project map • Completed on August 15, 2024 • Mail to each owner a Notice of Hearing • Completed on August 19, 2024 • Prepare and Publish all required notices • Published in the Wilmington Star News on August 16, 2024 • Set the required public hearing for September 3, 2024 at 4:00 at this location Public Hearing Pursuant to G.S. 153A-195 • Hear all interested parties • Determine any adjustments that should be made as may be proper in compliance with the basis of assessment • Confirm assessment Payment Terms • Confirmation Notice to be Published on September 23, 2024 • Assessment will be mailed September 23, 2024 • May be paid interest free until October 23, 2024 • Offer payment terms consistent with previously adopted resolutions • Five (5) annual payments • Interest rate of seven percent (4%) NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:9/3/2024 Regular DEPARTMENT: Planning PRESENTER(S): Zach Dickerson, NHC Senior Planner CONTACT(S): Zach Dickerson; Robert Farrell, NHC Development Review Supervisor; Rebekah Roth, NHC Planning & Land Use Director SU BJ ECT: Public Hearing Rezoning Request (Z24-15) - Request by Brandy Hatcher with Grace Walk Inc, applicant and property owner, to rezone approximately one acre located at 6760 Carolina Beach Road from the R-15, Residential District to a Conditional R-S, Residential Moderate -High Density District for four new single family detached dwelling units BRIEF SUMMARY: The applicant is seeking to rezone approximately one acre from the R-15 Residential district to the R-5 Residential Moderate -High Density district. This rezoning will allow for the existing house to remain and the development of four additional single-family homes on the property. The plan involves creating four new residential lots as part of a performance residential subdivision. Unlike traditional subdivisions, performance subdivisions don't require a minimum lot size but must maintain a 20-foot setback from adjacent properties. A new paved access road from Carolina Beach Road will be constructed to serve the new homes, while the existing house will continue using its current septic system. Two additional shared septic systems are proposed for the new homes, which will also be supplied by a well located at the southwestern corner of the property. The R-15 district, established in 1971, was specifically designed to accommodate housing that relied on private wells and septic systems, ensuring low -density development in such areas. While some public and private water and sewer services have since become available nearby, the Carolina Beach Road corridor largely remains zoned for low -density residential use. On the other hand, the R-5 district is intended for moderate to high -density residential development on smaller lots, promoting a compact and walkable community layout. This district accommodates a variety of housing types and can be integrated with non-residential areas for mixed -use development, providing a smooth transition between commercial and residential zones. It is estimated the site would generate approximately 1 AM and 2 PM peak hour trips if developed under current zoning. The proposed (CZD) R-5 development is estimated to generate 4 AM and 5 PM peak hour trips, increasing the number of peak hour trips by approximately 3 AM and 3 PM. The proposed project is located along a major arterial highway that is nearing capacity, near the important signalized intersection of Carolina Beach Road and Myrtle Grove Road. While the project's peak hour traffic is below the threshold requiring a traffic impact analysis (TIA), a TIA for the nearby convenience store and multi -family development mandates the construction of a southbound right turn lane on Carolina Beach Road along the frontage of the subject parcel. Vehicles leaving the site and heading north would need to cross three lanes to enter the left turn lane at Myrtle Grove Road and make a U-turn at the stoplight, or alternatively, travel 1,200 feet south to make a U- turn at Hill Valley Walk. The existing driveway on the site is planned to serve the additional dwelling units. Board of Commissioners - September 3, 2024 ITEM: 9 Students living in the proposed development would be assigned to Anderson Elementary School, Murray Middle School, and Ashley High School. Based on a generalized historic generation rate, staff estimates that the increase in homes would result in approximately one additional student compared to what would be generated under the current zoning. The property is located at the intersection of Carolina Beach Road and Myrtle Grove Road, an area experiencing a mix of commercial and higher -density residential growth. Recent rezonings and developments in this area have trended toward commercial uses adjacent to Carolina Beach Road, with higher -density residential areas expanding to the west. This project aligns with the County's Strategic Plan by contributing to the goal of increasing the housing supply to one residential unit per every two residents. Additionally, the development will be required to retain 20% open space on the site. The 2016 Comprehensive Land Use Plan (Comprehensive Plan) designates this property as Community Mixed Use, which emphasizes small-scale, compact, mixed -use development patterns that accommodate all modes of travel and attract both county residents and visitors. Suitable uses for this designation include office, retail, recreational, commercial, institutional, multi -family, and single-family residential developments. The proposed (CZD) R-5 rezoning is generally consistent with the Comprehensive Plan, as it better aligns with the density and housing type recommendations for the Community Mixed Use place type. The Planning Board discussed this item at its August 1, 2024 meeting, focusing on traffic along Carolina Beach Road and site access, particularly in relation to the required TIA improvements for the nearby convenience store. The Planning Board voted (7-0) to recommend approval of the rezoning request, finding it CONSISTENT with the purposes and intent of the Comprehensive Plan because the project is in line with the density and housing type recommendations for the Community Mixed Use Place Type. The Planning Board also found recommending APPROVAL of the rezoning request reasonable and in the public interest because the project would increase the county's housing stock. The Planning Board recommended the following conditions: 1. 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. 2. Increases to the impervious surface that will trigger the requirement of a stormwater management system will be considered a substantial deviation from the approved concept plan. Changes to the concept plan to add stormwater management will require review and approval by the Board of Commissioners through the rezoning public hearing process. 3. A septic and well easement approved by New Hanover County Environmental Health shall be recorded with the Register of Deeds guaranteeing access and maintenance for the septic systems and well and any future improvements. Environmental Health approval of the septic systems and well shall be required prior to issuance of construction permits for the residential units. 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 Board of Commissioners - September 3, 2024 ITEM: 9 considerations and technical review. The site's constraints limit the type and density of development, and the proposal does not provide a transition from the highway corridor to the west. However, the proposed (CZD) R-5 zoning district and use are compatible with the Community Mixed Use place type. 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 is in line with the density and housing type recommendations for the Community Mixed Use place type. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the project would increase the county's housing stock. Recommended conditions: 1. 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. 2. Increases to the impervious surface that will trigger the requirement of a stormwater management system will be considered a substantial deviation from the approved concept plan. Changes to the concept plan to add stormwater management will require review and approval by the Board of Commissioners through the rezoning public hearing process. 3. A septic and well easement approved by New Hanover County Environmental Health shall be recorded with the Register of Deeds guaranteeing access and maintenance for the septic systems and well and any future improvements. Environmental Health approval of the septic systems and well shall be required prior to issuance of construction permits for the residential units. Approval is subject to the applicant signing an agreement acknowledging the applicant's consent to all listed conditions. If the applicant does not provide a signed agreement within seven (7) business days from the date of approval, then the rezoning application approval is null and void. Alternative Motion for DENIAL (if based on information presented at the public hearing or other consideration beyond the scope of staff review, the board finds denial appropriate.) I move to DENY of the proposed rezoning. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project is in line with the density and housing type recommendations for the Community Mixed Use place type, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal does not provide an adequate transition from the highway corridor to residential uses. ATTACHMENTS: Z24-15 BOC Script Z24-15 BOC Staff Report Z24-15 Zoning Map Z24-15 Future Land Use Map Z24-15 Mailout Map Initial Application Cower Sheet Z24-15 Application Concept Plan Cower Sheet Z24-15 Concept Plan Public Comments Cower Sheet Board of Commissioners - September 3, 2024 ITEM: 9 Z24-15 Public Comments Staff Presentation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) I recommend denial of the rezoning given the reliance on septic systems for multiple homes at the requested density, which is not the usual or recommended practice for developments of this density in New Hanover County. The use of septic for the project may result in practical difficulties in the future if homes are expanded or septic systems fail. COMMISSIONERS' ACTIONS: Denied (4-1) with Vice Chair Pierce dissenting. Board of Commissioners - September 3, 2024 ITEM: 9 BOARD OF COMMISSIONERS SCRIPT for Zoning Map Amendment Application (Z24-15) Request by Brandy Hatcher with Grace Walk Inc, applicant and property owner, to rezone approximately one acre located at 6760 Carolina Beach Road from the R-15, Residential District to a Conditional R-5, Residential Moderate -High Density District for four new single family detached 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 is in line with the density and housing type recommendations for the Community Mixed Use place type. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the project would increase the county's housing stock. Board of Commissioners - September 3, 2024 ITEM: 9 - 1 - 1 Recommended conditions: 1. 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. 2. Increases to the impervious surface that will trigger the requirement of a stormwater management system will be considered a substantial deviation from the approved concept plan. Changes to the concept plan to add stormwater management will require review and approval by the Board of Commissioners through the rezoning public hearing process. 3. A septic and well easement approved by New Hanover County Environmental Health shall be recorded with the Register of Deeds guaranteeing access and maintenance for the septic systems and well and any future improvements. Environmental Health approval of the septic systems and well shall be required prior to issuance of construction permits for the residential units. Approval is subject to the applicant signing an agreement acknowledging the applicant's consent to all listed conditions. If the applicant does not provide a signed agreement within seven (7) business days from the date of approval, then the rezoning application approval is null and void. Alternative Motion for DENIAL (if based on information presented at the public hearing or other consideration beyond the scope of staff review, the board finds denial appropriate.) I move to DENY of the proposed rezoning. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project is in line with the density and housing type recommendations for the Community Mixed Use place type, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal does not provide an adequate transition from the highway corridor to residential uses. Alternative Motion for Approval/Denial: I move to [Approve/Deny] of the proposed rezoning to a conditional R-5 district. I find it to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] I also find [Approval/Denial] of the rezoning request is reasonable and in the public interest because [insert reasons] Board of Commissioners - September 3, 2024 ITEM: 9 - 1 - 2 STAFF REPORT FOR Z24-15 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z24-15 Request: Rezoning to a Conditional R-5 district Applicant: Property Owner(s): Brandy Hatcher Brandy Hatcher & John Blackburn Location: Acreage: 6760 Carolina Beach Road 1 acre PID(s): Comp Plan Place Type: R08200-001-027-000 Community Mixed Use Existing Land Use: Proposed Land Use: 1 single-family residence 5 detached single-family residences Current Zoning: Proposed Zoning: R-15, Residential (CZD) R-5, Residential Moderate High - Density ZONING of - �a\� North m Qc Gupola ZONING QC O e-1 �ot`o/ 0 R-5 ° f O R-is -�e 0 RMF-M SQ r CZD n Z24-15 SURROUNDING AREA LAND USE ZONING North Residential (Mobile Home Park) R-15 East Convenience Store with Fuel Sales (across Carolina R-15 Beach Road) South Future Convenience Store with Fuel Sales & Multi- (CZD) B-2 & (CZD) RMF-M Family Development Amenity Area West Future Multi -Family Development (CZD) RMF-M Z24-15 Staff Report BOC 9.3.2024 Page 1 of 16 Board of Commissioners - September 3, 2024 ITEM: 9 - 2 - 1 A�LL" f4r af• �� ; A.4 NU ZONING HISTORY April 7, 1971 Initially zoned R-15 (Area 4) COMMUNITY SERVICES Public water and sewer services are not currently available through CFPUA. The project proposes private well and septic utilities which require review Water/Sewer and approval through New Hanover County Environmental Health. Public water and private sewer utilities through Aqua and CFPUA may become available in the future with utility extensions from neighboring development. 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 CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation Conservation resource maps indicate pocosin wetlands may exist on the property. Pocosin conservation requirements do not apply to sites less than 5 acres in size. Historic No known historic resources Archaeological No known archaeological resources Z24-15 Staff Report BOC 9.3.2024 Page 2 of 16 Board of Commissioners - September 3, 2024 ITEM: 9 - 2 - 2 APPLICANT'S PROPOSED CONCEPTUAL PLAN n 0--------�--- -----� ---------T-- -- ----------------------------- ------------- ,o -,--------- o 0 C I I aeexrre _ m Z3• el I m I I i it W o; o o; o; krD s_ i � .mixo i �ew. v YY �_------- ------ _— _ _—_—_—_—_ ___--.em _— _—_—_—_—___—______—_—_—_—_—_ 0 Applicant's Full Concept Plan Existing Single - Family Home ia' S18Lf f G+,G1c r Q nrr,+o�wx,wtLcc CD Existing Septic z �IIIIII r�� etoc II L___________________ _______-i 9C-erc4c I — - — - — - — - — - — - — - — - — - — - — - — - — - — - — - — - — - -- J. --- --------------T__-7----- ---- I I Imo' I wLoKL4f & w.w ibYOEClIXS m-_ .LLc0m INI I I �� .W'IR AO'fR III III J.- .-- ib 'xm. "1t�•'fxFY3:,d ' kuHn rA1IW�xJSNjDb&[ -x - nl'eLoo Proposed Septic Proposed Single - Proposed Well System I I Family Dwellings 4J U a-j r6 I Close -Up of Applicant's Concept Plan - Includes Staff Markups • The applicant is proposing to develop five residential lots to accommodate an existing house and four new detached single-family homes on the rear 2/3 acre portion of the site. Z24-15 Staff Report BOC 9.3.2024 Page 3 of 16 Board of Commissioners - September 3, 2024 ITEM: 9 - 2 - 3 • The applicant's concept plan intends for this to be a performance residential subdivision, which does not require minimum lot sizes to allow for the clustering of residential units. • Performance residential subdivisions do not have minimum lot size requirements but do require a 20' periphery setback from adjacent property lines outside of the development. • The new lots will be accessed by a new paved access road from Carolina Beach Road. • The access road primarily runs along the southern property line which will be parallel with the transitional buffer and site access of an adjacent commercial and multi -family development. • Public water and sewer are not currently available to the site. Public water is located on the eastern side of Carolina Beach Road. The adjacent convenience store under development to the south proposes to extend public water; however, if homes are developed before the water is extended, the proposed homes will not be required to connect to the utility. • There are no public sewer utilities in the area. Private sewer utilities through Aqua may be available in the future through utility extensions to serve the convenience store. The existing home will use the existing septic system, the project also proposes two new septic systems that will be shared by the four new homes. • A condition has been included guaranteeing shared access and maintenance easements for the septic tanks and well. • Under the proposed R-5 zoning district, buildings have a maximum height of 40 feet. ZONING CONSIDERATIONS • The R-1 5 district in this area was established in 1971. At the time, the purpose of the R-15 district was to ensure that housing served by private septic and wells would be developed at low densities. Since that time, some public and private water and sewer services have become available to the surrounding area; however, the Carolina Beach Road corridor remains primarily zoned for low density housing. • As currently zoned, the subject site would allow a maximum of 2 dwelling units. • While the site is zoned R-15, the Carolina Beach Road corridor has seen increased interest in higher density residential development such as the RMF-M zoning district approved for a new convenience store and multi -family dwellings immediately to the south. • The R-5 district was established to provide lands that accommodate moderate to high density residential development on smaller lots with a compact and walkable development pattern. The R-5 district allows a range of housing types and can be developed in conjunction with a non-residential district to create a vertical mixed -use development pattern as well as serve as a transition between mixed -use or commercial development and low to moderate density residential development. • The development would only be taking up approximately 2/3 of an acre of the site, totaling 30,000 square feet. Performance residential developments require 20% of the site be set aside as open space, in this case a minimum of 6,000 square feet would be required. 6,100 Z24-15 Staff Report BOC 9.3.2024 Page 4 of 16 Board of Commissioners - September 3, 2024 ITEM: 9 - 2 - 4 square feet is set aside in the area to the north and south of the access road to the development. • Transitional buffers are not required for single-family residential developments. • 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. Z24-15 Staff Report BOC 9.3.2024 Page 5 of 16 Board of Commissioners - September 3, 2024 ITEM: 9 - 2 - 5 AREA DEVELOPMENTS Z24-15 Staff Report BOC 9.3.2024 Page 6 of 16 Board of Commissioners - September 3, 2024 ITEM: 9 - 2 - 6 TRANSPORTATION Site Access N �a Primary Access (320� n C� p a41 oR z - v r r r 0 U-turn at Hill Valley Walk CURRENT CONDITIONS Intensity of Current Zoning Typical development under current zoning would allow a maximum of 2 single-family dwelling units. PROPOSED ACCESS Primary Access Carolina Beach Road via a right -in, right -out driveway. EXISTING ROADWAY CHARACTERISTICS Affected Roadway Carolina Beach Road Type of Roadway NCDOT major arterial Z24-15 Staff Report BOC 9.3.2024 Page 7 of 16 Board of Commissioners - September 3, 2024 ITEM: 9 - 2 - 7 Roadway Planning Capacity (AADT) 41,369 Latest Traffic Volume (AADT) 36,000 Latest WMPO Point -in -Time County (DT) 38,756 Current Level of Congestion Nearing Capacity NEARBY NCDOT STIP ROADAWAY PROJECTS No nearby STIP Projects TRAFFIC GENERATION Traffic Traffic Generated Potential Generated by by Proposed Impact of Present Designation Proposed Designation Designation AM Peak Hour Trips 1 4 +3 PM Peak Hour Trips 2 5 +3 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 capacity. The Carolina Beach Road — Myrtle Grove Road intersection is an important signalized intersection in the Carolina Beach Road corridor. The proposed project's peak hour traffic is below the 100 peak hour threshold requiring a traffic impact analysis, however the TIA for the adjacent convenience store and multi -family development requires construction of a southbound right turn lane on Carolina Beach Road along the frontage of the subject parcel. To travel north from the site vehicles would need to cross three lanes to immediately enter the left turn lane at Myrtle Grove Road to make a U-turn at the stoplight. Alternatively, vehicles would travel 1,200 feet south to make a U-turn at Hill Valley Walk. The site has an existing driveway that is proposed to be used by the additional dwelling units. ENVIRONMENTAL • The property is not within a Natural Heritage Area or the Special Flood Hazard Area. • The property is within the Lord's Creek watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, approximately 85% of the site consists of Class I (Suitable) soils. The remaining 15% at the rear of the site consists of Class III (Severe Limitation) soils. The project proposes to use a private well and shared septic systems which require review and approval by New Hanover County Environmental Health. Z24-15 Staff Report BOC 9.3.2024 Page 8 of 16 Board of Commissioners - September 3, 2024 ITEM: 9 - 2 - 8 • While the soils map indicates Class III soils in the vicinity of the westernmost proposed septic systems, a percolation test approved by Environmental Health will be required prior to installation of the septic system. • The proposed site is under the impervious surface threshold that requires a stormwater management system by New Hanover County Engineering. While a specific stormwater management system is not required, a drainage plan must be submitted and approved by county Engineering prior to construction. OTHER CONSIDERATIONS Schools • Students living in the proposed development would be assigned to Anderson Elementary School, Murray Middle School, and Ashley High School. Students may apply to attend public magnet, year-round elementary, or specialty high schools. • A maximum of 2 dwelling units would be permitted under the current R-15 zoning base density, and 5 units could potentially be developed under the proposed zoning for an increase of 3 dwelling units. • Based on a generalized historic generation rate*, staff would estimate that the increase in homes would result in approximately 1 additional student 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. Development Type Intensity Estimated Student Yield (current general student generation rate) Existing Development 1 residential unit Approximate** Total: 0 (0 elementary, 0 middle, 0 high) Typical Development 2 residential unit Approximate** Total: 0 Under Current Zoning (0 elementary, 0 middle, 0 high) Proposed Zoning 5 residential units Approximate** Total: 1 (1 elementary, 0 middle, 0 high) Z24-15 Staff Report BOC 9.3.2024 Page 9 of 16 Board of Commissioners - September 3, 2024 ITEM: 9 - 2 - 9 *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% 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. Z24-15 Staff Report BOC 9.3.2024 Page 10 of 16 Board of Commissioners - September 3, 2024 ITEM: 9 - 2 - 10 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) R-5 rezoning Through planned growth and development, will provide new attached single-family homes in residents have access to their basic needs. 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. Performance subdivisions are required to retain a minimum 20% open space. The proposed Natural areas and critical environmental features development will be required to retain are enhanced and protected. approximately 6,000 square feet of open space on the site. The concept plan proposes the open space adjacent to the access road. Z24-15 Staff Report BOC 9.3.2024 Page 11 of 16 Board of Commissioners - September 3, 2024 ITEM: 9 - 2 - 11 y 04 V } _ ZI Context and Compatibility • The property is located at the intersection of Carolina Beach Road and Myrtle Grove Road, an area experiencing a mix of commercial and higher density residential growth. • The trend for recent rezonings and development in this area is commercial uses adjacent to Carolina Beach Road, with higher -density residential to the west. • Those projects included two convenience stores with fuel stations, both with denser housing (attached single-family and multi -family) to the west, and a self -storage facility with multi- family housing to the west. The proposed homes in this development are located closer to the rear of the property, near the planned amenity center for the multi -family development to the south. 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. Future Land Use Community Mixed Use Map Place Type Focuses on small-scale, compact, mixed use development patterns that serve Place Type all modes of travel and act as an attractor for county residents and visitors. Description Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi -family and single-family residential. Z24-15 Staff Report BOC 9.3.2024 Page 13 of 16 Board of Commissioners - September 3, 2024 ITEM: 9 - 2 - 13 The proposed development is at the Carolina Beach Road and Myrtle Grove Road intersection, an area experiencing a mix of commercial and higher density residential growth. This intersection is trending towards commercial development along the roadway corridor, transitioning to higher density residential with diverse housing types, including attached single-family and multi -family development. The proposed rezoning is for a moderately higher density residential district that proposes to keep the existing single-family dwelling along Carolina Beach Road and adds 4 new dwellings which more closely resembles existing single-family detached development patterns in the area. While the R-5 district is considered a Moderate -High density zoning district, Analysis 5 dwelling units per acre is below the maximum density allowed under performance residential development and while within the recommended range, is a third of the maximum recommended density of the Community Mixed Use place type. The applicant is a local non-profit with a mission of providing housing affordable to existing residents. Since there was no price point provided, this has not been analyzed as an affordable housing project. Though staff would have preferred a transition of commercial use to the planned higher -density residential to the west, the dimensions of the site and lack of available utilities limit the potential scope of development on the parcel. Additional conditions related to pedestrian easements along Carolina Beach Road increase walkability for the immediate area. The proposed (CZD) R-5 rezoning is generally CONSISTENT with the 2016 Consistency Comprehensive Plan because the R-5 is closer in line than current R-15 Recommendation zoning with the density and housing type recommendations for the Community Mixed Use place type. Z24-15 Staff Report BOC 9.3.2024 Page 14 of 16 Board of Commissioners - September 3, 2024 ITEM: 9 - 2 - 14 PLANNING BOARD ACTION The Planning Board considered this item at their August 1, 2024 meeting. The Board discussed traffic on Carolina Beach Road and access to the site in regard to the required TIA improvements for the nearby convenience store. The Board voted (7-0) to recommend approval of the rezoning request, finding it CONSISTENT with the purposes and intent of the Comprehensive Plan because the project is in line with the density and housing type recommendations for the Community Mixed Use Place Type. The Board also found recommending APPROVAL of the rezoning request reasonable and in the public interest because the project would increase the county's housing stock. The Planning Board recommended the following conditions: 1. 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. 2. Increases to the impervious surface that will trigger the requirement of a stormwater management system will be considered a substantial deviation from the approved concept plan. Changes to the concept plan to add stormwater management will require review and approval by the Board of Commissioners through the rezoning public hearing process. 3. A septic and well easement approved by New Hanover County Environmental Health shall be recorded with the Register of Deeds guaranteeing access and maintenance for the septic systems and well and any future improvements. Environmental Health approval of the septic systems and well shall be required prior to issuance of construction permits for the residential units. Z24-15 Staff Report BOC 9.3.2024 Page 15 of 16 Board of Commissioners - September 3, 2024 ITEM: 9 - 2 - 15 STAFF RECOMMENDATION Staff's recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning considerations and technical review. The site's constraints limit the type and density of development, and the proposal does not provide a transition from the highway corridor to the west. However, the proposed (CZD) R-5 zoning district and use are compatible with the Community Mixed Use place type. 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 is in line with the density and housing type recommendations for the Community Mixed Use place type. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the project would increase the county's housing stock. Recommended conditions: 1 . 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. 2. Increases to the impervious surface that will trigger the requirement of a stormwater management system will be considered a substantial deviation from the approved concept plan. Changes to the concept plant to add stormwater management will require review and approval by the Board of Commissioners through the rezoning public hearing process. 3. A septic and well easement approved by New Hanover County Environmental Health shall be recorded with the Register of Deeds guaranteeing access and maintenance for the septic systems and well and any future improvements. Environmental Health approval of the septic systems and well shall be required prior to issuance of construction permits for the residential units. Alternative Motion for DENIAL (if based on information presented at the public hearing or other consideration beyond the scope of staff review, the board finds denial appropriate.) I move to DENY of the proposed rezoning. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project is in line with the density and housing type recommendations for the Community Mixed Use place type, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal does not provide an adequate transition from the highway corridor to residential uses. Z24-15 Staff Report BOC 9.3.2024 Page 16 of 16 Board of Commissioners - September 3, 2024 ITEM: 9 - 2 - 16 Case: Site Address: Existing Zoning/Use: Proposed Zoning/Use: N Z24-15 6760 Carolina Beach Rd R-15 (CZD) R-5 Seaview Rd �o I� end Site V- Cupola 0 C Zoning 0 B-1 1-2 0 R-5 o. 0 R-10 0 R-15 RMF-M s t C Z D 0 Z24-15 Boarc of Commissioners - September 3, 2024 ITEM: 9 - 3 - 1 Case: Site Address: Existing Zoning/Use: Proposed Zoning/Use: N Z24-15 6760 Carolina Beach Rd R-15 (CZD) R-5 Seaview-Rd d o e� _ J Site .t O Future Land Use GENERAL RESIDENTIAL COMMUNITY MIXED USE CONSERVATION Q Z24-15 Boar of Commissioners - September 3, 2024 ITEM: 9 - 4 - 1 rnca- Site Address: Z24-15 6760 Carolina Beach Rd Site Nearby Properties Z24-15 Parcels within 510 feet Existing Zoning/Use: R-15 Proposed Zoning/Use: (CZD) R-5 New Hanover Initial Application Documents & Materials Board of Commissioners - September 3, 2024 ITEM: 9 - 6 - 1 DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 1 10 Wilmington, North Carolina 28403 Telephone (910) 798-7165 nhcgov.com/528/Planning-Land-Use CONDITIONAL ZONING APPLICATION 1. Applicant and Property Owner Information EM Applicant/Agent Name Owner Name (if different from Applicant/Agent) Brandy Hatcher 0�"N Company Company/Owner Name 2 Grace Walk Inc. Address 6760 Carolina Beach Rd. Address &766> City, State, Zip Wilmington, NC 28412 City, S ate, Zip Phone 9102281985 Phon p' �D Email 28412@live.com Email v�- C� Board of Commissioners - September 3, 2024 ITEM: 9- 7- 1 Page 1 of 7 Conditional Zoning District Application — Updated 06-2023 2. Subject Property Information Address/Location Parcel Identification Number(s) 6760 Carolina Beach Rd. Wilmington, NC 28412 RO 8200-001-027-000 Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification 1 acre R-15 I R-5 3. Proposed Zoning, Use(s), & Narrative Proposed Conditional Zoning District: R-5 Total Acreage of Proposed District: 1 acre Maximum Residential Density (if applicable) Maximum Non -Residential Square Footage (if applicable) 8 units per acre 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. I propose to build 4 units on the back of the property, the proposed zoning allows for 8 units per acre. The narrative is to build affordable housing for this area, a two -bedroom house individual living with a two -car space as to the approved 128 apartments next to this property they won't share a wall or under others living next to them. Board of Commissioners - September 3, 2024 ITEM: 9- 7- 2 Page 2 of 7 Conditional Zoning District Application — Updated 06-2023 4. Pr000sed 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. This is only 4 units proposed in this project, the impact to the community would be small compared to the surrounding and existing conditions. 4 families and compared to the surrounding circumstances, a Mobile Home Park on one side many units and traffic. The other side 128 units and the new traffic direction, this would be a small impact to the area. 5. Traffic Imoact 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. TIA not needed for this small project.. 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): Trip code 210 from Traffic Department. Trip Generation Use and Variable (gross floor area, dwelling units, etc.) AM Peak Hour Trips: I PM Peak Hour Trips: Board of Commissioners - September 3, 2024 ITEM: 9- 7- 3 Page 3 of 7 Conditional Zoning District Application — Updated 06-2023 6. Conditional Zoning District Considerations The Conditional Zoning District procedure is established to address situations where a particular land use would be consistent with the New Hanover County 2016 Comprehensive Plan and the objectives outlined in the Unified Development Ordinance and where only a specific use or uses is proposed. The procedure is intended primarily for use with transitions between zoning districts of dissimilar character where a particular use or uses, with restrictive conditions to safeguard adjacent land uses, can create a more orderly transition benefiting all affected parties and the community at -large. The applicant must explain, with reference to attached plans (where applicable), how the proposed Conditional Zoning district meets the following criteria. 1. How would the requested change be consistent with the County's policies for growth and development, as described in the 2016 Comprehensive Plan, applicable small area plans, etc. 2016 Comprehensive Plan In 2016, New Hanover County adopted its first Comprehensive Plan, Plan NHC, to serve as the county's official guide for decisions about land development outside of the city limits. Plan NHC charts the course for New Hanover County's next 25 years of economic development and land use. The County approved the adjoining property to 6760 Carolina Beach Rd to Business Multi family residential 128 units and a gas station. This Rezoning would allow for more affordable housing in line with the property changes in the area. On the other side adjoining this property is Carolina Pines Mobile Home Park, With 40 units established many years. 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. The Future Land Use Map replaces the 2006 CAMA Land Use Map and is used to guide decisions on rezonings and development regulations. It shows what type of development, also known as "place types," would be best for different areas of the county outside of the city limits. The Future Land Use Map is not legally binding like the New Hanover County Zoning Map. Instead, it reflects the community's 25-year vision, and will be used to guide future decisions. The future is changing for higher density housing in this area, and this property is in between two properties that all conform with the surrounding zoning. Board of Commissioners - September 3, 2024 ITEM: 9- 7- 4 Page 4 of 7 Conditional Zoning District Application — Updated 06-2023 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? The zoning has changed all around this property, it is a 1-acre plot in the middle of higher density properties on both sides. The existing zoning doesn't conform with the area. Board of Commissioners - September 3, 2024 ITEM: 9- 7- 5 Page 5 of 7 Conditional Zoning District Application — Updated 06-2023 Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under "Applicant Initial". If an item is not applicable, mark as "N/A". Applications determined to be incomplete must be corrected in order to be processed for further review; Staff will confirm if an application is complete within five business days of submittal. Application Checklist ® This application form, completed and signed (all property owners must sign signatory page) ® Application fee: • $600 for 5 acres or less • $700 for more than 5 acres • $300 in addition to base fee for applications requiring TRC review ® Community Information Meeting Report (complete and signed by agent or all property owners) 91 Traffic Impact Analysis if applicable (use of attached report document is recommended) • The official TIA approval letter is recommended prior to this item being placed on the Planning Board meeting agenda. The Planning Board may choose to continue the hearing until the official TIA approval letter is provided. • The official TIA approval letter is required prior to this item being placed on the Board of Commissioners meeting agenda. Applicant Initial BH Q BH �Q N/A 4 [.7 Legal description (by metes and bounds) or recorded survey Map Book and Page Reference BH So, of the property requested for rezoning 91 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 qL For residential uses, include the maximum number, height, and type of units; area to be occupied by the structures; and/or proposed subdivision boundaries. o For non-residential uses, include the maximum square footage and height of each structure, an outline of the area structures will occupy, and the specific purposes for which the structures will be used. • Proposed transportation and parking improvements; including proposed rights -of - way and roadways; proposed access to and from the subject site; arrangement and access provisions for parking areas. • All existing and proposed easements, required setbacks, rights -of -way, and buffers. • The location of Special Flood Hazard Areas. • A narrative of the existing vegetation on the subject site including the approximate location, species, and size (DBH) of regulated trees. For site less than 5 acres, the exact location, species, and sized (DBH) of specimen trees must be included. • Approximate location and type of stormwater management facilities intended to serve the site. • Approximate location of regulated wetlands. • Any additional conditions and requirements that represent greater restrictions on development and use of the tract than the corresponding general use district regulations or additional limitations on land that may be regulated by state law or BH sS3 local ordinance V Board of Commissioners - September 3, 2024 ITEM: 9- 7- 6 Page 6 of 7 Conditional Zoning District Application — Updated 06-2023 ® Documentation on soil types and infiltration rates if underground stormwater facilities BH proposed ® One (1) digital PDF copy of ALL documents AND plans BH l� 7. Acknowledgement and Signatures By my signature below, I understand and accept all of the conditions, limitations, and obligations of the Conditional Zoning District zoning for which I am applying. I understand that the existing Official Zoning Map is presumed to be correct. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. If applicable, I also appoint the applicant/agent as listed on this application to represent me and make decisions on my behalf regarding this application during the review process. The applicant/agent is hereby authorized on my behalf to: 1. Submit an application including all required supplemental information and materials; 2. Appear at public hearings to give representation and comments; 3. Act on my behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of this application; and A. Provide written consent to any and all conditions of approval. Brandy Hatcher Print Name(s) kc to 6� (4 Print Name Note: This form must be signed by the owner(s) of record. If there are multiple property owners, a signature is required for each owner of record. Note: If changes are made to the proposal after the application completeness determination that require additional staff review and vetting, the proposal will be ineligible to move forward to the intended Planning Board agenda. No changes will be accepted by staff after the applications are posted at the time of public notice. If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will be calendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. Board of Commissioners - September 3, 2024 ITEM: 9- 7- 7 Page 7 of 7 Conditional Zoning District Application — Updated 06-2023 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 t� 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) 6760 Carolina Beach Rd. Wilmington, NC 28412 RO 8200-001-027-000 Meeting Date and Time 4/19/2024 @ 4pm Format (Virtual, In -Person, Hybrid) Location if In -Person or Hybrid In person Best Western at Monkey Junction, meeting room 1 st floor. Selection Criteria for Location In close proximity to the area in question. Meeting Summary Issues and Concerns Discussed at Meeting Rezoning meeting: 4/19/24 Community meeting summary, The meeting was at the Best Western in Monkey Junction 4/19/24. In their meeting room. There was one gentleman who attended and was a landowner that asked about the use. Of the rezoning. He was happy with the proposal and looking forward to changes. Meeting was an hour and went well. Board of Commissioners - September 3, 2024 ITEM: 9- 7- 8 Page 1 of 2 Community Information Meeting Report — Approved 06-2022 List of Changes and Modifications Made to the Proposal in Response to Issues and Concerns (if no modifications were made, please explain why) None made, no negative response. Report Attachments All of the following items must be submitted as part of the required community information meeting report in addition to this form. Checklist Applicant Initial CI A list of names and addresses of attendees BH g] A list of the names and addresses of invitees and copies of any returned mailings received to date BH �Q 0 A copy of the mailed notice with all attachments BH �cS ® A copy of all materials distributed or presented at the meeting BH J 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] 4/3/2024 . 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. Brandy Hatcher qdi J � 4�("m Signature 4f }applicant or Applicg is Agent Print Name 5/1 /2024 Date Board of Commissioners - September 3, 2024 Page 2 of 2 ITEM: 9 - 7 - 9 Community Information Meeting Report — Approved 06-2022 MEETING SIGN -IN SHEET _C Yf — �/k rcycC: cif iyy-in7 NYo fPar- a M. alitatar: �0 ►acet#tc�om (,j � g T5m� / A,J Board of Commissioners - September 3, 2024 ITEM: 9 - 7 - 10 Rezoning meeting: Community meeting summary, 4/19/24 The meeting was at the Best Western in Monkey Junction 4/19/24. In their meeting room. There was one gentleman who attended and was a landowner that asked about the use. Of the rezoning. He was happy with the proposal and looking forward to changes. Had a lady came in and was quiet and just listened. Meeting was an hour and went well. Board of Commissioners - September 3, 2024 ITEM: 9 - 7 - 11 Conceptual Plan including the following minimum elements: Tract boundaries and total area, location of adjoining parcels and roads • Proposed use of land, building areas and other improvements Answer- R-5 Site map attached. • For residential uses, include the maximum number, height, and type. Answer- R-5 permit allows 8 units per acre. 25feet maximum height, single-family units. • subdivision boundaries Answer- road in and same road out, will have spaces for traffic to move off. 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. No wetlands. • A narrative of the existing vegetation on the subject site including the approximate Answer -The tree will be in the center of the front yard DBH 4.4' expected 4' Red Maple 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. A- Land drains very well, less than an acre developing. • Approximate location of regulated wetlands. A- Flood maps of NHC do not show any wetlands. Board of Commissioners - September 3, 2024 ITEM: 9 - 7 - 12 Concept Plan Board of Commissioners - September 3, 2024 ITEM: 9 - 8 - 1 540.00' I o I o I I o I o I 10' S1DE 5ETBAGK WELL N N r - - - - - - - - - - - - - - - I — Q � OPEN SPACE � DE I I I I I APPROX (ROAD LOCATION - HALT 20.00 16' X 30' HOUSE 20.00 20.00.16' X 30' HOUSE 16' X 30' HOUSE 20.00 20.00 16' X 30' HOUSE 20.00 I I --L - - - ,00'0Z ra 0 5' DECK 5' DECK 5' DECK 5' DECK I I un o Ln I I I I I) �d3I!XZ I I 16' X 20' I I � u _ I PARKING 16' X 20' I X I m 16' X 20 I 16 X 50 I 16 X 20 I I z z C4 I I 0 N PARKING TURN PARKING PARKING 0) w N w I I AROUND I I i57< I 67.00 owl Otu 14' WIDE ASPHALT V I I I I I APPROX ROAD I L 10' SIDE 5ETBAGK J LOCATION I LL 51TE PLAN 1 SCALE: 1" = 20.0' Z IL ui t- Lu t- w ua . = v/ Q � _ co wv ca z < Z Z v w o �vz Lu w w 0 w 0 N z_ 0 DATE: 1/ 11 /2024 SCALE: SHEET: Awl oners - ep em er , ITEM: 9 - 9 - 1 Public Comments In Support Neutral In Opposition Board of Commissioners - September 3, 2024 ITEM: 9 - 10 - 1 Dickerson, Zachary From: noreply@civicpIus.com Sent: Wednesday, July 17, 2024 11:06 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; wbiddle@nhcgov.com; Doss, Amy; Dickerson, Zachary; lott@nhcgov.com Subject: Online Form Submission #12311 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 Carol Last Name Sibley Address 4210 Pine Hollow Dr. City Wilmington State NC Zip Code 28412 Email medwrite(oec. rr.com Please select the case PB Meeting - Z24-15 - Carolina Beach Road 5 Lot Residential for comment. What is the nature of Oppose project your comment? Public Comment Aug 1 meeting, rezoning request Z24-15 CB road: Vacant parcels along Carolina Beach read are being developed at an alarming rate. Every commissioner should drive down CB road at different times. Even in the early afternoon, traffic is dense and backs up at each traffic light. We are going to lose every bit of green space in the County if development continues at the present rate! 1 Board of Commissioners - September 3, 2024 ITEM: 9 - 11 - 1 Dickerson, Zachary From: noreply@civicpIus.com Sent: Sunday, July 21, 2024 2:25 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; wbiddle@nhcgov.com; Doss, Amy; Dickerson, Zachary; lott@nhcgov.com Subject: Online Form Submission #12409 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 Krista Last Name Smith Address 6701 Dorrington Dr City Wilmington State NC Zip Code 28412 Email Kigreen26c�gmail.com Please select the case PB Meeting - Z24-15 - Carolina Beach Road 5 Lot Residential for comment. What is the nature of Oppose project your comment? Public Comment Adding this neighborhood is going to cause even more of a traffic issue as well as decrease the value of our homes. 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. 1 Board of Commissioners - September 3, 2024 ITEM: 9 - 11 - 2 Dickerson, Zachary From: noreply@civicpIus.com Sent: Saturday, August 3, 2024 11:21 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; wbiddle@nhcgov.com; Doss, Amy; Dickerson, Zachary; lott@nhcgov.com Subject: Online Form Submission #12825 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 Amy Last Name Mcnabb Address Fontana rd City Wilmington State Nc Zip Code 28412 Email Bullshitemai12112(@aol.com Please select the case PB Meeting - Z24-15 - Carolina Beach Road 5 Lot Residential for comment. What is the nature of Oppose project your comment? Public Comment Stop. Just stop please. Find another spot. Cbr is already so congested. Locals don't even use it April -September already and now River road, our little secret, is no longer a secret. Upload supporting files 1 Board of Commissioners - September 3, 2024 ITEM: 9 - 11 - 3 Case #Z24m15 Rezoning Request: 1 acre from R-15 to (CZD) R-5 Applicant: Brandy Hatcher, Grace Walk Inc. Property Owner: Brandy Hatcher &John Blackburn Zach Dickerson Senior Planner Board of Commissioners - September 3, 2024 ITEM: 9 - 12 - 1 ZONING Edgewater Mhp Rd n w Cypress Vill a-ge PI o_ m — Seav_iew Rd m v n 3 Q eta e��0 a�a►C-Dr Bonfire -Dr TidaWalk_Dr W��o�/ mo _ N� �d i Por¢hes_D� � Zoning R-15 0 B-1 0 RMF L Summer T. ■ B 2 ElRMF M n 3 Chimney Ln CZD Southern ¢ I-2 � l ■ / R-5 Z24-15 charm Dr Hill -Valley Walk 1 � R-10 Board of Commissioners - September 3, 2024 ITEM: 9 - 12 - 2 AERIAL cr y 4f�i6�'P1 41L-" t , Z24-15 lop Board of Commissioners - September 3, 2024 ITEM: 9 - 12 - 3 �` Existing Site onditions Board of Commissioners - September 3, 2024 ITEM: 9 - 12 - 4 Representative Development of R-1 5) Residential On Carolina Beach Road Single -Family Dwelling on Carolina Beach Road Board of Commissioners - September 3, 2024 ITEM: 9 - 12 - 5 Representative Developments of Higher- Density Single -Family Old Cape Cod Old Cape Cod Board of Commissioners - September 3, 2024 ITEM: 9 - 12 - 6 Applicant's Concept M1 roi ell Proposed Septic N o,�=xnx f---------------- s�1IV .terx�r'rrwe a II CIIII1 o IIIII 5a_[w RwxKevnieur—nx— ----- - o w;wE -----------$--- --------------- ------- ----- IIII �€ x I� �. --- --- --- ' - Multi -Family Housing Existing House Existing Septic Convenience Store Board of Commissioners - September 3, 2024 ITEM: 9 - 12 - 7 Site Access ' N u o 4- Primary Access v 1 � 0 j, Board of Commissioners - September 3, 2024 ITEM: 9 - 12 - 8 Trip Traffic Generated by Present Designation (R-15): 1 Single Family Dwelling 1 AM / 2 PM Traffic Generated by Proposed Designation (R-5) Increase in Traffic by Proposed Designation 5 Single Family Dwellings + 4 Single Family Dwellings 4AM/5 PM +3 AM / +3 PM Board of Commissioners - September 3, 2024 ITEM: 9 - 12 - 10 Estimated Student Development Type Existing Development Proposed Development 1 residential unit Total: 0 (0 elementary, 0 middle, 0 high) S residential units Total: 1 (1 elementary, 0 middle, 0 high) Board of Commissioners - September 3, 2024 ITEM: 9 - 12 - 11 Compatibil Aris property is located at the intersection of Carolina Beach Road and Myrtle ove Road. • The trend for recent rezonings and development in this area is commercial uses adjacent to Carolina Beach Road, transitioning to higher -density residential further from the highway corridor. • The project adds 4 new dwellings which more closely resemble existing single- family detached development in the area. • While the proposal does not provide a transition from commercial to residential, the dimensions of the site limit the scope of development on the parcel. Board of Commissioners - September 3, 2024 ITEM: 9 - 12 - 12 Strategic Plan Sustainable Lard Use & Environmental Stewardship Desired Outcome -.Tareets Through planned growth and Connect residents to basic needs development. residents have through a variety of housing and access to their basic needs. transportation options. Natural areas and critical environmental features are enhanced and protected. Cultural amenities that enhance quality of place are safeguarded. Ensure development compliments natural features. Promote the community through activities that enhance life and connect people. 95% of residential units are within a 10-min ute drive of health care, childcare, grocery stores and pharmacies Increase the housing supply to a level of one residential unit cer two residents Reduce the nu tuber of new residential lots created In special flood hazard areas within the unincorporated county Reduce bacterial contaminants in county creeks Increase in attendance at county -operated cultural and recreation facillties Residents report their culture Is va hied in New Hanover Count+ Board of Commissioners - September 3, 2024 ITEM: 9 - 12 - 13 New Hanover Cou ntyLand , 4, NVIN-1 RMMM 7- EM —N p—t I., 2016 Comprehensive Plan Place Type: Community Mixed Use LAND USE ` I, Future Land Use GENERAL RESIDENTIAL COMMUNITY MIXED USE CONSERVATION Z24-1 5 Mhp Rd Board of Commissioners - September 3, 2024 ITEM: 9 - 12 - 14 Planning Board Action • The Planning Board considered this item at their August 1, 2024 meeting and voted (7-0) to recommend APPROVAL of the rezoning request. • The Board found it CONSISTENT with the Comprehensive Plan because the project is in line with the density and housing type recommendations for the Community Mixed Use place type. • The Board also found recommending APPROVAL of the rezoning request reasonable and in the public interest because the project would increase the county's housing stock. Board of Commissioners - September 3, 2024 ITEM: 9 - 12 - 15 Planning Board Recommended Cpp.� e public access easement shall be provided along the frontage it conialeach Road to accommodate future ublic bic cle and edestrian use. Y p 2. Increases to impervious surface that will trigger the requirement of a stormwater management system will be considered a substantial deviation from the approved concept plan. Changes to the concept plan to add stormwater management will require review and approval by the Board of Commissioners through the rezoning public hearing process. 3. A septic and well easement approved by New Hanover County Environmental Health shall be recorded with the Register of Deeds guaranteeing access and maintenance for the septic systems and well and any future improvements. Environmental Health approval of the septic systems and well shall be required prior to issuance of construction permits for the residential units. Board of Commissioners - September 3, 2024 ITEM: 9 - 12 - 16 12 [a Z24-1 5 Nev,- Hanover C0LHltVNC Board of Commissioners - September 3, 2024 ITEM: 9 - 12 - 17 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:9/3/2024 Regular DEPARTMENT: Planning PRESENTER(S): Amy Doss, NHC Associate Planner- Development Review CONTACT(S): Amy Doss; Robert Farrell, NHC Development Review Supervisor; Rebekah Roth, NHC Planning & Land Use Director SU BJ ECT: Public Hearing Rezoning Request (Z24-16) - Request by Cindee Wolf with Design Solutions, applicant, on behalf of Tidewater Investment Company, INC, property owners, to rezone approximately 7.79 acres located at 5000 N. College Road from the (CZD) CB, Conditional Community Business District to (CZD) B-2, Regional Business for General Retail Sales, Business Service Center, and other limited uses BRIEF SUMMARY: In June 2022, the Board of Commissioners approved a conditional rezoning to Community Business (CB) for this site. The initial concept plan included 23 pickleball courts, a sand lot for beach volleyball, and an 8,000-square-foot clubhouse and restaurant. However, the applicant is now requesting a rezoning from the existing (CZD) CB district to a (CZD) B-2, Regional Business district to develop a commerce park. This change reflects a shift in the site's intended use from a recreational facility to a commercial hub. The new concept plan proposes constructing a total of 36,900 square feet for retail and flex space. It includes five commercial buildings, a stormwater pond, associated parking, a 20-foot buffer yard along the northern and southern property boundaries, and a 25-foot buffer yard along the eastern boundary. The plan also features a strip retail building near the front of the property, closest to N. College Road, with 3,600 square feet dedicated to general sales, instructional services, and personal services. Behind this retail building, the plan includes four structures totaling approximately 33,300 square feet of flex space intended for offices and contractor activities. The purpose of the Community Business (CB) district is to support businesses that provide goods and services to surrounding neighborhoods. In contrast, the B-2, Regional Business district is designed to accommodate larger format businesses, such as big -box stores and auto dealers, as well as auto -oriented uses that serve the needs of motorists. Under the current CB zoning, the site is estimated to generate approximately 10 AM and 28 PM peak hour trips. The proposed (CZD) B-2 development is projected to generate 61 AM and 80 PM peak hourtrips, resulting in an increase of around 51 AM and 52 PM peak hour trips. Despite this increase, the estimated traffic remains below the 100 peak hour threshold that would trigger the requirement for a traffic impact analysis (TIA). The site is located south of the College Road and Castle Hayne Road intersection, an area where transitional service uses and low traffic generators could be appropriate. The proposed B-2 district also serves as a transition between the high -intensity industrial site across College Road and the surrounding undeveloped land, single-family lots to the north, and proposed moderate -density residential developments nearby. The retail components of the plan are strategically positioned along the N. College Road corridor, with office spaces situated toward the rear of the property. According to the 2016 Comprehensive Land Use Plan (Comprehensive Plan), the property is classified as Community Mixed Use and General Residential, both of which allow for commercial uses that support nearby neighborhoods. The Board of Commissioners - September 3, 2024 ITEM: 10 Community Mixed Use designation encourages a mix of uses, including residential, commercial, civic, and recreational. Typical zoning for this place type includes moderate -density residential, commercial, office, institutional, and mixed - use. The proposed (CZD) B-2 rezoning is generally consistent with the Comprehensive Plan, as it aligns with the recommended uses for the Community Mixed Use and General Residential place types. The Planning Board reviewed this application at its August 1, 2024, meeting. The members discussed the potential traffic impact and expressed support for the request, noting that the proposed uses are in line with the development trends in the surrounding area. The Planning Board voted (7-0) to recommend approval of the request, finding it CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed uses are inline with the place type recommendations. The Planning Board also found recommending APPROVAL of the rezoning request was reasonable and in the public interest because the project will provide a number of commercial services for nearby residents, includes relatively low traffic generators, and is located on an arterial road. The Planning Board recommended the following conditions: 1. Within the 3,600 square foot building at the front of the property closest to N. College Road, uses are limited to the following: business service center, contractor office, offices for private business and professional activities, personal services, general, instructional services & studios, and retail sales, general. 2. Within the remaining four (4) buildings totaling 33,300 square feet uses will be limited to offices for private business and professional activities and for contractor offices. 3. Building height will be limited to one (1) story and a maximum of 30-feet. STRATEGIC PLAN ALIGNMENT: • Workforce & Economic Development o A business -friendly environment that promotes growth, agility, and collaboration. ■ Plan for the long-term needs of businesses through timely, innovative programs and community partnerships. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff's recommendation is based on the policy guidance of the Comprehensive Plan, zoning considerations, and technical review. The proposed site plan and restricted uses are supported by the recommended Community Mixed Use and General Residential in the County's Comprehensive Plan. 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 Comprehensive Plan because the proposed uses are in line with the place type recommendations. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposed district would provide a number of commercial services for nearby residents, includes relatively low traffic generators, and is located on an arterial road. Recommended Conditions: 1. Within the 3,600 square foot building at the front of the property closest to N. College Road, uses are limited to the following: business service center, contractor office, offices for private business and professional activities, personal Board of Commissioners - September 3, 2024 ITEM: 10 services, general, instructional services & studios, and retail sales, general. 2. Within the remaining four (4) buildings totaling 33,300 square feet uses will be limited to offices for private business and professional activities and for contractor offices. 3. Building height will be limited to one (1) story and a maximum of 30-feet. 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 proposed limited commercial uses are generally encouraged in the Community Mixed Use and General Residential place types and would serve nearby existing and future residential developments I find DENIAL of the rezoning request is reasonable and in the public interest because the proposed project would have a larger impact on the adjacent residential properties than what is allowed under current zoning. ATTACHMENTS: Z24-16 BOC Script Z24-16 BOC Staff Report Z24-16 Zoning Map Z24-16 Future Land Use Map Z24-16 Mailout Map Initial Application Co\,er Sheet Z24-16 Application Concept Plan Co\,er Sheet Z24-16 Concept Plan Public Comments Coker Sheet Staff Presentation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval with staff conditions. COMMISSIONERS' ACTIONS: Approved with staff conditions (5-0). Board of Commissioners - September 3, 2024 ITEM: 10 BOARD OF COMMISSIONERS SCRIPT for Zoning Map Amendment Application (Z24-16) Request by Cindee Wolf with Design Solutions, applicant, on behalf of Tidewater Investment Company, INC, property owner, to rezone one parcel totaling approximately 7.79 acres of land located at 5000 N College Road from (CZD) CB, Commercial to (CZD) B-2, Regional Business district for General Retail Sales, Business Service Center, and other limited uses. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant's presentation and supporter comments (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. Applicant's rebuttal (up to 5 minutes) e. Opponent's rebuttal (up to 5 minutes) f. Staff review of any additional conditions 3. Close the public hearing 4. Board discussion 5. Before we proceed with the vote, I would like to invite the applicant to the podium. Based on the Board discussion and items presented during the public hearing, would you like withdraw your petition or proceed with a vote? 6. Vote on the application. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why approval or denial of the rezoning request is reasonable and in the public interest. Example Motion for Approval I move to APPROVE of the proposed rezoning to a (CZD) B-2, Regional Business district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed uses are in line with the place type recommendations. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposed district would provide a number of commercial services for nearby residents, includes relatively low traffic generators, and is located on an arterial road. Proposed Conditions: 1. Within the 3,600 square foot building at the front of the property closest to N. College Road, uses are limited to the following: business service center, contractor office, offices Board of Commissioners - September 3, 2024 ITEM: 10- 1 - 1 for private business and professional activities, personal services, general, instructional services & studios, and retail sales, general. 2. Within the remaining four (4) buildings totaling 33,300 square feet uses will be limited to offices for private business and professional activities and for contractor offices. 3. Building height will be limited to one (1) story and a maximum of 30-feet. 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 to a (CZD) B-2, Regional Business district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because proposed limited commercial uses are generally encouraged in the Community Mixed Use and General Residential place types and would serve nearby existing and future residential developments. I also find DENIAL of the rezoning request is reasonable and in the public interest because the proposed project would have a larger impact on the adjacent residential properties than what is allowed under current zoning. Alternative Motion for Approval/Denial: I move to [Approve/Deny] of the proposed rezoning to a conditional B-2, Regional Business 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 - September 3, 2024 ■ ITEM: 10- 1 - 2 STAFF REPORT FOR Z24-16 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z24-16 Request: Rezoning to a Conditional B-2 district Applicant: Property Owner(s): Cindee Wolf with Design Solutions Tidewater Investment Co., Inc. Location: Acreage: 5000 College Road 7.79 PID(s): Comp Plan Place Type: R01 800-002-001 -000 Community Mixed Use & General Residential Existing Land Use: Proposed Land Use: Undeveloped & Vacant Commercial Retail and Flex Space Current Zoning: Proposed Zoning: (CZD) CB (CZD) B-2 SURROUNDING AREAT LAND USE ZONING North Single — family residential R-15 East Undeveloped & Vacant R-15 South Undeveloped & Vacant R-15, 1-2 West College Road Right -of -Way and Industrial Facility 1-2, B-2 Z24-16 Staff Report BOC 9.3.2024 Page 1 of 13 Board of Commissioners - September 3, 2024 ITEM: 10- 2 - 1 AERIAL v rr` r North Y rw mJi ZONING HISTORY July 7, 1972 Initially zoned R-15 Rezoned to (CZD) CB for an Indoor/Outdoor Recreational Facility, June b, 2022 Restaurant and Clubhouse COMMUNITY SERVICES Water will be provided from a private well. Sewer is available from CFPUA Water/Sewer by private pump station connection to adjacent public force main, but septic system may be used for initial phased development. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Station Castle Hayne Schools Castle Hayne Elementary, Holly Shelter Middle, and Laney High schools Recreation Blue Clay Bike Park, Northern Regional Park, Riverside Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation The conservation resource map indicates pocosin wetlands on the property; however they are not underlaid with Class IV soils, which triggers additional development standards. Historic No known historic resources Archaeological No known archaeological resources Z24-16 Staff Report BOC 9.3.2024 Page 2 of 13 Board of Commissioners - September 3, 2024 ITEM: 10- 2 - 2 APPLICANT'S PROPOSED CONCEPTUAL PLAN North Stormwate'r Pond /Z - �0� —40 00. 4, Strip Retail Plaza (1 Building) Flex Office Space I 1 (4 Buildings) Applicant's Concept Plan - Includes Staff Markups • The applicant is proposing to construct a total of 36,900 SF for use as retail and flex space. The proposed conceptual plan includes a total of five commercial buildings, a stormwater pond, associated parking, a 20' buffer yard on the northern and southern property boundaries, and a 25' buffer yard on the eastern boundary. • The conceptual plan shows a proposed strip retail structure at 3,600 SF for general sales, instructional services and studios, and personal services. • Located behind the retail building are four proposed structures totaling approximately 33,300 SF of flex space to be used for offices for private and professional activities and for contractors. • Public water is not currently available on the site and a private well is proposed. Sewer will be provided from CFPUA. • Under the B-2 zoning district building height is limited to 3 stories or 50', however the applicant proposes conditioning the height to 1 story and a maximum of 30'. Z24-16 Staff Report BOC 9.3.2024 Page 3 of 13 Board of Commissioners - September 3, 2024 ITEM: 10- 2 - 3 ZONING CONSIDERATIONS • The site was rezoned to (CZD) CB in 2022 for the development of 23 pickleball courts, a sand lot for beach volleyball, plus an 8,000 sf structure for a clubhouse and restaurant. However, no permits were submitted for the intended development of this site as a private pickleball club and the current owners have submitted the new request for consideration. • The purpose of the Community Business (CB) District is to provide lands that accommodate the development, growth, and continued operation of businesses that serve surrounding neighborhoods with goods and services. CB district lands can serve as a buffer between higher density/intensity development and moderate or low -density multi -family and single- family neighborhoods. This district was added to the Unified Development Ordinance in 2019 and was intended to be appropriate adjacent to existing residential uses. • The purpose of the B-2, Regional Business District is to provide for the proper site layout and development of larger format or larger structure size business uses, including big box stores and automobile dealers. It is also designed to provide for the appropriate location and design of auto -oriented uses that meet the needs of the motoring public or that rely on pass -by traffic. • While the B-2 zoning district allows a range of commercial uses, the Conditional Zoning District designation would limit the type of uses on the site to business service center, contractor office, offices for private business and professional activities, personal services, general, instructional services & studios, and retail sales, general. • In the B-2 district, a minimum 35-foot rear setback, 30-foot interior setback, and a 20-foot opaque buffer yard are required where the development abuts existing residential properties. • Transitional buffers are required along the northern property boundary where there are existing residential homes. • The UDO contains controls on exterior lighting on the site, and the maximum illumination levels along adjacent residential properties shall not exceed 0.5 foot candles. The UDO does not prescribe limitations on the height, wattage, bulb -type, or fixture type, and these can be further limited with a conditional zoning request if mutually agreed upon by the applicant. • 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 site plan are permitted. Z24-16 Staff Report BOC 9.3.2024 Page 4 of 13 Board of Commissioners - September 3, 2024 ITEM: 10- 2 - 4 AREA DEVELOPMENTS Z24-16 Staff Report BOC 9.3.2024 Page 5 of 13 Board of Commissioners - September 3, 2024 ITEM: 10- 2 - 5 TRANSPORTATION Site Access J w c7 z x �O l� F 4- CURRENT CONDITIONS Intensity of Current Zoning Current zoning would allow an 8,000 sf indoor recreation facility & 23 outdoor pickleball courts PROPOSED ACCESS Primary Access I College Road via a right -in, right -out driveway EXISTING ROADWAY CHARACTERISTICS Affected Roadway College Road Type of Roadway NCDOT principal arterial Roadway Planning Capacity (AADT) 17,375 Z24-16 Staff Report BOC 9.3.2024 Page 6 of 13 Board of Commissioners - September 3, 2024 ITEM: 10- 2 - 6 Latest Traffic Volume (AADT) 7,600 vehicles (AADT 2021) Latest WMPO Point -in -Time 14,325 (Feb 2023) Count (DT) Current Level of Congestion Below Capacity TRAFFIC GENERATION Traffic Generated Potential Traffic Generated by by Proposed Impact of Present Designation Designation D Proposed Designation AM Peak Hour Trips 10 61 +51 PM Peak Hour Trips 28 80 +52 Sources Source of Trip Generation: ITE Trip Generation Manual, 11 th Ed. TRAFFIC IMPACT ANALYSIS (TIA) The estimated traffic generated from the site is under the 100 peak hour threshold that triggers the ordinance requirement for a Traffic Impact Analysis (TIA). SUMMARY The proposed project is located along a principal arterial highway that is currently under capacity. The proposed project's peak hour traffic is below the 100 peak hour threshold requiring a traffic impact analysis, but NCDOT will review the project through the driveway permitting process. The parcel is located south of the roundabout at Castle Hayne Road, southwest of the 1-40 interchange, and northeast of the 1-140 interchange. ENVIRONMENTAL • The property is not within a Natural Heritage Area. • The property is not within an AE Flood Area. • The property is within the Prince George Creek watershed. Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class I (moderate limitation) and Class III (severe limitation). However, sewer is available through CFPUA. OTHER CONSIDERATIONS New Hanover County Strategic Plan On July 17, 2023 the Board of Commissioners adopted a new strategic plan for Fiscal Years 2024- 2028. This plan focuses on three core areas: workforce and economic development, community safety and well-being, and sustainable land use and environmental stewardship. Z24-16 Staff Report BOC 9.3.2024 Page 7 of 13 Board of Commissioners - September 3, 2024 ITEM: 10- 2 - 7 Strategic Plan Outcomes Relevant to Proposal Analysis The proposed (CZD) B-2 rezoning will allow Through planned growth and development, new businesses that can support the surrounding residents have access to their basic needs. community to be located in a transitional area along a major roadway corridor and in close proximity to a number of households. The plan aims to prepare for the long-term A business -friendly environment that promotes needs of businesses and to maintain new growth, agility, and collaboration. business growth within 2.5% of the state. The proposed commercial zoning district will enable new businesses. Representative Developments Representative Developments of CZD CB (Indoor/Outdoor Recreation Facilities) Holly Tree Tennis Club Z24-16 Staff Report BOC 9.3.2024 Page 8 of 13 Board of Commissioners - September 3, 2024 ITEM: 10- 2 - 8 Captain Bill's Backyard Grill and Volleyball Representative Developments of the proposed CZD B-2 (Retail Sales and Flex Space h- Murrayville Station Business Park — Exchange Drive Z24-16 Staff Report BOC 9.3.2024 Page 9 of 13 Board of Commissioners - September 3, 2024 ITEM: 10- 2 - 9 Exchange Drive — Gordon Road Context and Compatibility • The subject property is located at 5000 College Road and is only accessible by North College Road. • The site is adjacent to single-family on the northern boundaries and is bordered to the east and south by vacant, undeveloped land. Located across the street from the parcel is an industrial site. • The applicant has proposed a landscaped buffer between the proposed development and the adjacent single-family use. • The site is located south of the intersection of College Road and Castle Hayne Road where transitional service uses and low traffic generators could be appropriate. The proposed district also provides a transition from the high -intensity industrial site across College Road to undeveloped land, adjacent single-family lots to the north, and proposed moderate density residential development in the vicinity of the subject property. • The last development proposal for the site was for a recreation facility, for which a site plan was approved in 2022. • The proposed plan positions retail components along N. College Road and offices toward the back of the property. 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. Z24-16 Staff Report BOC 9.3.2024 Page 10 of 13 Board of Commissioners - September 3, 2024 ITEM: 10- 2 - 10 LAND USE �a 5 u h North /y C Cam Y Future Land Use Mdr�tho O EMPLOYMENT CENTER GENERAL RESIDENTIAL 0 Site 0 COMMUNITY MIXED USE v (9 RURAL RESIDENTIAL � Tom - CONSERVATION 'QG O Z24-16 Future Land Use Map Place Type Community 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. Community Mixed Use focuses on small-scale, compact, mixed use development patterns that serve all modes of travel and act as an attractor for county residents and visitors. Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi -family and single-family residential. Place Type Description General Residential focuses on lower -density housing and associated civic and commercial services. Typically, housing is single-family or duplexes. Commercial uses should be limited to strategically located office and retail spaces, while recreation and school facilities are encouraged throughout. Types of uses include single-family residential, low -density multi -family, residential, light commercial, civic, and recreational. The subject property is located along a major roadway corridor, College Road, and is surrounded by single-family to the north, to the east and south is vacant, undeveloped land, and across College Road is an industrial facility. The Comprehensive Plan classifies the property as Community Mixed Use and General Residential, both of which allow for commercial uses that can support nearby neighborhoods. The Community Mixed Use place type designation encourages a mix of uses, including single- and multi -family Analysis residential, commercial, civic, mixed -use, and recreational uses. Typical zoning associated with this place type includes moderate density residential, commercial, office and institutional, and mixed -use. The proposed CZD B-2 rezoning is consistent with the commercial uses and intensity recommended in the Comprehensive Plan. Furthermore, the proposed use would support the surrounding commercial and residential uses along the College Road corridor and future residential growth anticipated within the area. Z24-16 Staff Report BOC 9.3.2024 Page 11 of 13 Board of Commissioners - September 3, 2024 ITEM: 10- 2 - 11 The proposed CZD B-2 rezoning is generally CONSISTENT with the 2016 Consistency Comprehensive Plan because the proposed uses are in line with those Recommendation recommended for Community Mixed Use and General Residential place types, and the site is located near supportive land uses that also serve as an appropriate transition between residential and industrial uses. PLANNING BOARD MEETING The Planning Board considered this application at the August 1, 2024 meeting. The Board discussed the traffic generation in relation to the proposed uses, and expressed support for the request stating the uses were in line with the development of the surrounding area. The Planning Board voted (5- 0) to recommend approval of the petition with no additional conditions. The Planning Board found the application CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed uses are in line with the place type recommendations. The Planning Board found recommending APPROVAL of the rezoning request was reasonable and in the public interest because the project will provide a number of commercial services for nearby residents, includes relatively low traffic generators, and is located on an arterial road. Z24-16 Staff Report BOC 9.3.2024 Page 12 of 13 Board of Commissioners - September 3, 2024 ITEM: 10- 2 - 12 STAFF RECOMMENDATION Staff's recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning considerations, and technical review. The proposed site plan and restricted uses are supported by the recommended Community Mixed Use and General Residential in the County's 2016 Comprehensive Plan. As a result, Staff recommends approval of the proposal and suggests the following motion: I move to APPROVE the proposed rezoning. I find it to be CONSISTENT with the 2016 Comprehensive Plan because the proposed uses are in line with the place type recommendations. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposed district would provide a number of commercial services for nearby residents, includes relatively low traffic generators, and is located on an arterial road. Applicant Proposed Conditions: 1. Within the 3,600 SF building at the front of the property closest to N College Road, uses are limited to the following: business service center, contractor office, offices for private business and professional activities, personal services, general, instructional services & studios, and retail sales, general. 2. Within the remaining 4 buildings totaling 33,300 SF uses will be limited to offices for private business and professional activities and for contractor offices. 3. Building height will be limited to 1-story and a maximum of 30'. Alternative Motion for DENIAL 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 proposed limited commercial uses are generally encouraged in the Community Mixed Use and General Residential place types and would serve nearby existing and future residential developments I find DENIAL of the rezoning request is reasonable and in the public interest because the proposed project would have a larger impact on the adjacent residential properties than what is allowed under current zoning. Z24-16 Staff Report BOC 9.3.2024 Page 13 of 13 Board of Commissioners - September 3, 2024 ITEM: 10- 2 - 13 Case: Site Address: Existing Zoning/Use: Proposed Zoning/Use: N Z24-16 5000 College Road N (CZD) CB (CZD) B-2 0 an��r ►J N H U Y Zoning ,a ❑ B-1 CB site B-2 ❑ 0&I I-2 0 RA �'9►. 9co. ❑ R-10q� 0 R-15 Mich` 0 d% R-20 r � ❑ CZD Q Z24-16 �°ar mission rs - Septe ber 3, 202 O �'Cy 1 3-1 J Baca. Site Address: Z24-16 5000 College Road N c') Future Land Use GENERAL RESIDENTIAL COMMUNITY MIXED USE RURAL RESIDENTIAL CONSERVATION Q Z24-16 Existing Zoning/Use: Proposed Zoning/Use: �1 (CZD) CB (CZD) B-2 c �e I jr W—PT"" rs - September 3, 2 r 4 - 1 / k Site Case: Site Address: Existing Zoning/Use: Proposed Zoning/Use: N Z24-16 5000 College Road N (CZD) CB (CZD) B-2 Lynn Av v c d � c _ x She�ter-R a z Hony= a o. hie George-qv,o o� c J G a:+ N ca U Y ar,, athbnn" /yam O site q� tin ookdale Dr i Nearby Properties Tw% o Z24-16 Mr y��a Parcels within 510 feet o spar o� p rd of Co -�1�I Ra 2024 n O' Initial Application Documents & Materials Board of Commissioners - September 3, 2024 ITEM: 10- 6 - 1 NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina 28403 Telephone (910) 798-7165 nhcgov.com/528/Planning-Land-Use CONDITIONAL ZONING APPLICATION This application form must be completed as part of a conditional zoning application submitted through the county's online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the application, are set out in Section 10.3.3 of the Unified Development Ordinance. Public Hearing Procedures (Optional) 1 2 3 4 5 6 7 Pre -Application Community Application Planning Public Hearing Planning Board Board of Post -Decision Conference Information Submittal & Director Review Scheduling & Hearing & Commissioners Limitations and Meeting Acceptance & Staff Report Notification Recom- Hearing & Actions JRC Optional) mendation Decision 1. Applicant and Property Owner Information Applicant/Agent Name Owner Name (if different from Applicant/Agent) Cindee Wolf Tidewater Investment Co., Inc. Company Company/Owner Name 2 Design Solutions Address Address P.O. Box 7221 1121 Military Cutoff Road, Suite C City, State, Zip City, State, Zip Wilmington, NC 28406 Wilmington, NC 28405 Phone Phone 910-620-2374 910-547-1200 (Contact: Merrette Moore) Email Email cwolf@lobodemar.biz mmoore@tidewaterinvestmentco.com Board of Commissioners - September 3, 2024 Page 1 of 7 ITEM: 10- 7-donditional Zoning District Application — Updated 06-2023 2. Subject Property Information Address/Location Parcel Identification Number(s) 5000 N College Road 323106.37.3818 [PID R01800-002-001-0001 Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification 7.79 aC. (CZD)CB Community Mixed -Use & General Residential 3. Proposed Zoning, Use(s), & Narrative Proposed Conditional Zoning District: (CZD) B-2 Total Acreage of Proposed District: 7.79 ac. Maximum Residential Density (if applicable) Maximum Non -Residential Square Footage (if applicable) N/A 36,900 s.f. Please list all of the specific uses that will be allowed within the proposed Conditional Zoning District, the purpose of the district, and a project narrative (attach additional pages if necessary). Note: Only uses permitted in the corresponding General Use District are eligible for consideration within a Conditional Zoning District. Board of Commissioners - September 3, 2024 Page 2 of 7 ITEM: 10- 7-8onditional Zoning District Application — Updated 06-2023 4. Proposed Condition(s) Note: Within a Conditional Zoning District, additional conditions and requirements which represent greater restrictions on the development and use of the property than the corresponding general use district regulations may be added. These conditions may assist in mitigating the impacts the proposed development may have on the surrounding community. Please list any conditions proposed to be placed on the Conditional Zoning District below. Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process. 5. Traffic Impact Please provide the estimated number of trips generated for the proposed use(s) based off the most recent version of the Institute of Traffic Engineers (ITE) Trip Generation Manual. A Traffic Impact Analysis (TIA) must be completed for all proposed developments that generate more than 100 peak hour trips, and the TIA must be included with this application. Note: It is recommended that traffic generation numbers be reviewed by the WMPO prior to application to ensure that the most appropriate ITE land use code is identified and most recent generation rates have been applied. If numbers are verified, please attach a copy of the verification. If numbers have not been verified and the submitted generation numbers must be adjusted, this may result in the application being ineligible to move forward to the intended Planning Board agenda. ITE Land Use(s): Reference attached chart for individual uses & Trip Generation Estimates Trip Generation Use and Variable (gross floor area, dwelling units, etc.) Reference attached chart for uses & variables AM Peak Hour Trips: Total - 71 I PM Peak Hour Trips: Total - 93 Board of Commissioners - September 3, 2024 Page 3 of 7 ITEM: 10- 7-&nditional Zoning District Application — Updated 06-2023 Estimated Trip Generation for Dunne Commerce Center / 3121 Castle Hayne Road: Intensity 24-Hour AM Peak PM Peak Proposed Land Uses ITE Code (GFA) Volumes Hour Trips Hour Trips Retail Sales, General / Strip Retail Plaza (<40k) Instructional Services & Studios / 3,600 228 10 27 822 Personal Services Business Service Center / General Office 16,650 226 33 34 Offices for Private & Professional Activities 710 Specialty TradeContractor Contractor Offices 16,650 168 28 32 Total Gross Floor Area 36,900 622 71 93 6. Conditional Zoning District Considerations The Conditional Zoning District procedure is established to address situations where a particular land use would be consistent with the New Hanover County 2016 Comprehensive Plan and the objectives outlined in the Unified Development Ordinance and where only a specific use or uses is proposed. The procedure is intended primarily for use with transitions between zoning districts of dissimilar character where a particular use or uses, with restrictive conditions to safeguard adjacent land uses, can create a more orderly transition benefiting all affected parties and the community at -large. The applicant must explain, with reference to attached plans (where applicable), how the proposed Conditional Zoning district meets the following criteria. 1. How would the requested change be consistent with the County's policies for growth and development, as described in the 2016 Comprehensive Plan, applicable small area plans, etc. 2. How would the requested Conditional Zoning district be consistent with the property's classification on the 2016 Comprehensive Plan's Future Land Use Map. Board of Commissioners - September 3, 2024 Page 4 of 7 ITEM: 10- 7-&nditional Zoning District Application — Updated 06-2023 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? Board of Commissioners - September 3, 2024 Page 5 of 7 ITEM: 10- 7-&nditional Zoning District Application — Updated 06-2023 Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under "Applicant Initial'. If an item is not applicable, mark as "N/A". Applications determined to be incomplete must be corrected in order to be processed for further review; Staff will confirm if an application is complete within five business days of submittal. Application Checklist Applicant Initial ❑ This application form, completed and signed (all property owners must sign signatory page) CAW ❑ Application fee: • $600 for 5 acres or less • $700 for more than 5 acres • $300 in addition to base fee for applications requiring TRC review CAW ❑ Community Information Meeting Report (complete and signed by agent or all property owners) CAW ❑ Traffic Impact Analysis if applicable (use of attached report document is recommended) • The official TIA approval letter is recommended prior to this item being placed on the Planning Board meeting agenda. The Planning Board may choose to continue the hearing until the official TIA approval letter is provided. • The official TIA approval letter is required prior to this item being placed on the Board of Commissioners meeting agenda. N/A ❑ Legal description (by metes and bounds) or recorded survey Map Book and Page Reference of the property requested for rezoning CAW ❑ Conceptual Plan including the following minimum elements [Note: If elements beyond the minimum requirements are shown on the concept plan they may be considered conditions of approval if not eligible for approval as minor deviations]: Tract boundaries and total area, location of adjoining parcels and roads • Proposed use of land, building areas and other improvements o For residential uses, include the maximum number, height, and type of units; area to be occupied by the structures; and/or proposed subdivision boundaries. o For non-residential uses, include the maximum square footage and height of each structure, an outline of the area structures will occupy, and the specific purposes for which the structures will be used. • Proposed transportation and parking improvements; including proposed rights -of - way and roadways; proposed access to and from the subject site; arrangement and access provisions for parking areas. • All existing and proposed easements, required setbacks, rights -of -way, and buffers. • The location of Special Flood Hazard Areas. • A narrative of the existing vegetation on the subject site including the approximate location, species, and size (DBH) of regulated trees. For site less than 5 acres, the exact location, species, and sized (DBH) of specimen trees must be included. • Approximate location and type of stormwater management facilities intended to serve the site. • Approximate location of regulated wetlands. • Any additional conditions and requirements that represent greater restrictions on development and use of the tract than the corresponding general use district regulations or additional limitations on land that may be regulated by state law or local ordinance CAW Board of Commissioners - September 3, 2024 Page 6 of 7 ITEM: 10- 7-C7onditional Zoning District Application — Updated 06-2023 ❑ Documentation on soil types and infiltration rates if underground stormwater facilities CAW proposed ❑ One (1) digital PDF copy of ALL documents AND plans CAW 7. Acknowledgement and Signatures By my signature below, I understand and accept all of the conditions, limitations, and obligations of the Conditional Zoning District zoning for which I am applying. I understand that the existing Official Zoning Map is presumed to be correct. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. If applicable, I also appoint the applicant/agent as listed on this application to represent me and make decisions on my behalf regarding this application during the review process. The applicant/agent is hereby authorized on my behalf to: 1. Submit an application including all required supplemental information and materials; 2. Appear at public hearings to give representation and comments; 3. Act on my behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of this application; and 4. Provide written consent to any and all conditions of approval. Qre Signature of Property Owner(s) Signature of Applicant/Agent William Merrette Moore, III Print Name(s) (for Tidewater Investment Co., L.L.C.) a Wolf - Design Solutions Print Name Note: This form must be signed by the owner(s) of record. If there are multiple property owners, a signature is required for each owner of record. Note: If changes are made to the proposal after the application completeness determination that require additional staff review and vetting, the proposal will be ineligible to move forward to the intended Planning Board agenda. No changes will be accepted by staff after the applications are posted at the time of public notice. If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will be calendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request of 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. Page 7 of 7 Conditional Zoning District Application — Updated 06-2023 i { Wk .41 9 _ NK 4231 AN • s. _ .V}{ r `` wY Th{S'�. y !' ' 'F'''4 } tom. � � _ .� � • '' d . ` ti ' •"� T� �fY .•, ,M ;;�,� s � 1F�+* �t� - i�fiib' � t'C'q :ALA «y' rl'"i+� VJ:,'A1� � 1 ` + J4y '�, � ' • �f 'R . � r�� + 1 �'�'�y. �+ .S FR r t�fa .�' 'Y'r �''� e. �- +'##��_.�� " '� r1 '�y t ` It M 4 ?�• d. !'iK y. f1r i.,'s r+.',I+i�i r ki '!i M Si. #.. ,M. � _ ,Y', �'�ti y •� .. , rldv P'• �: • sNft'i,� ��V ' � '�w ..}. h rr ._µ "'"�. ,�• 4 I�1 `F .ry,_�J j {�V_ - '•Y'r 't �ti'ri''F A. Icy. iyw rfi _.. i ' * "4 • .S Iler _ _ � � '1t R' 4j ,ti �`': 4 •{ �^''_* ?�.eh. *. iti ��'r. ,.�tY fir, vy.T"'�,�4�d'�e�-�" "� � .;.. qp .� '�, � : ; r i7.' _�fi �,, xr 3 w•!:. "9ti '° '�,.�.�7c{�+ `'(" i` r �'`} _ .. r Kjt '{ �, _,� _ 1p a ill - 4� .1,r _ �G` ♦ 3 r u�y. '' `^.yG � ti -`�Y •ti s }t r'w ' .�_tE�' ;� 7frlw�r';i'� �^ '�• a f •� r ,4 -�, b sty' - 7 dJ41' P. -. _ t," �. ,. ] 1✓. - ♦ fly, + 'a !. It- ION 40 Boar f Com 'ssioner - September'3 (CZDj +CB Board of Commissioners - September 3, 2024 ITEM: 10- 7 - 10 R-15 Legal Description for Conditional District Rezoning of 5000 N. College Road Beginning at a point in the northeastern boundary of North College Road (N.C. Hwy. 132), a 200' public right-of-way; said point being located approximately 233 feet southeastwardly along the right-of-way from its intersection with the eastern boundary of the Wilmington — Weldon Railroad, a 130' right-of-way; and running thence from the point of beginning: South 75038'05" East, 1303.81 feet to a point; thence South 05038'51" West, 300.39 feet to a point; thence North 75048'29" West, 969.47 feet to a point in the north eastern boundary of N. College Road; thence with that right-of-way, North 37020'58" West, 483.95 feet to the point and place of beginning, containing 7.79 acres, more or less. Board of Commissioners - September 3, 2024 ITEM: 10- 7 - 11 I, VERNON DEREK DANFORD, CERTIFY THAT THIS PROPERTY WAS SURVEYED AND MAP DRAWN UNDER MY SUPERVISION: DESCRIPTION AS SHOWN ON THE FACE OF THIS PLAT; RATIO OF PRECISION AS CALCULATED BY COMPUTER IS 1:10,000+; THAT THE BOUNDARIES NOT SURVEYED ARE SHOWN BY BROKEN LINES PLOTTED FROM INFORMATION REFERENCED; THAT THIS PLAT WAS PREPARED IN ACCORDANCE WITH THE STANDARDS OF PRACTICE FOR LAND SURVEYING IN NORTH CAROLINA; WITNESS MY ORIGINAL SIGNATURE, LICENSURE NUMBER AND SEAL THIS 12th_ DAY OF MARCH _ A.D. 9099 n / \\��Illlllllllli ii CARD ��FE5S1 VERNON EREK DANFORD �:'Q'•,� ; N.C. PLS No. L-4528 _< S E A L '. L-4528 0 IIIIIII1111 I I I r� I \ MNF \ 79 \ N.• 218,-O&.57\ E,' 2,332, 47A01 LEGEND EIPPT= EXISTING IRON PIPE PINCH TOP 0 = EXISTING IRON PIPE (EIP) = EXISTING IRON REBAR (EIR) 0 = EXISTING MONUMENT FOUND (ECM) = CONCRETE MONUMENT SET (CMS) 0 = MAG NAIL FOUND (MNF) = MAG NAIL SET (MNS) = IRON PIPE SET (IPS) = IRON REBAR SET (IRS) Q = EXISTING SCRIBE IN CONCRETE (ESC) = SCRIBE IN CONCRETE SET (SCS) 0 = NON-MONUMENTED POINT (NMP) �} = BENCHMARK LOCATION = CENTERLINE R/W = RIGHT OF WAY EP = EDGE OF PAVEMENT TB= TOP OF BANK TOE = TOE OF BANK GS = GROUND SHOT PP = POWER POLE (PP) --OE--= OHERHEAD ELECTRIC - CONIFER TREE (SIZES/TYPES AS NOTED) DECIDUOUS TREE (SIZES/TYPES AS NOTED) = FLOWERING TREE (SIZES/TYPES AS NOTED) X = LIDAR ELEVATION DATA bEIPPT EIPPT(B) EIPPT S 7531103" E 110, 00' \ WETLAND LINE TABLE LINE BEARING DISTANCE W1 N 3720 58" W 30. 79' W2 N 775235" E 1.20' W3 N 7752 35" E 33.11, W4 N 65 52 36" E 35.08' W5 I N 5178 40" E 35.68' W6 N 5239 29" E 43.34' W7 N 54 7806" E 38.74' W8 N 28.19 36" E 29.79' W9 N 79 05'51 " E 50.79' W10 N 79 05'51 " E 26.70' W11 S 7538 05" E 27.73' W12 N 85 52 58" W 20. 46' W13 S 6979 05" W 28.55' W14 S 587741" W 40.39' W15 N 583725" E 27.78' W16 S 440738" W 45.23' W17 S 66 2101 "" W 23.21 ' W18 S 4305'05" W 29.78' W19 S 5579 39 " W 28.69' W20 S 6505'07" W 32.55' W21 S 585549 " W 26.38' W22 S 7538 05" E 71.14' W23 S 3226 37" W 31.79' W24 S 3226 37" W 30. 62' W25 S 0777 49 " W 31.52' W26 S 20 57 40 " W 28.63' W27 S 4348 57" W 31.16' W28 N 05 58 38" E 36.60' W29 N 2854'19" E 29.80' W30 N 357342 " W 31.39' W31 N 09 04 29" W 25.38' W32 N 0629 52" E 25.73' W33 N 0629 52" E 12.12' HARDWOODS PT# SIZE & TYPE 264 10" G U M 265 13" GUM 266 14" GUM 267 10" GUM 268 10" GUM 269 10" LAUREL 272 10" LAUREL 275 11/12" SYCAMORE 276 10" WHITE OAK 277 14" LAUREL 278 18" GUM 300 16" GUM 301 9" LAUREL 303 12" LAUREL 304 9" GUM 306 12" G U M 307 9" WATER OAK 308 17" G U M 309 15" G U M 310 10" WATER OAK 311 16" WATER OAK 312 8" WATER OAK 313 11" G U M 314 9" WATER OAK 315 10" MAPLE 328 9" WATER OAK 329 9" WATER OAK FLOWERING PT# SIZE & TYPE 302 7" MAGNOLIA 305 7" MAGNOLIA CONIFERS PT# SIZE & TYPE 270 18" LOBLOLLY PINE 271 18" LOBLOLLY PINE 279 17" LOBLOLLY PINE 280 22" LOBLOLLY PINE 281 21" LOBLOLLY PINE 330 14" LOBLOLLY PINE TREE INVENTORY CONIFERS 12" AND UP 6 HARDWOODS 8" AND UP 27 FLOWERING 4" AND UP 6 TOTAL 39 NOTES PER FRIS ON FIRM MAP NUMBER 3720323100K DATED: 08/28/2018. 2. THIS TRACT IS SUBJECT TO ALL EASEMENTS, RESTRICTIONS, OR COVENANTS OF RECORD. 3. THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT, WHICH MAY REVEAL ADDITIONAL CONVEYANCES, EASEMENTS OR RIGHT OF WAYS NOT SHOWN HEREIN. 4. "BEST FIT MODEL" UTILIZED BASED UPON THE PREPONDERANCE OF EVIDENCE FOUND. 5. NC GRID BEARINGS DERIVED USING TOPCON UNIT, UTILIZING NORTH CAROLINA VRS SYSTEM. 6. ALL BEARINGS SHOWN ARE NC GRID (NAD83 2012B) EXCEPT AS SHOWN. 7. ALL DISTANCES ARE HORIZONTAL GROUND, IN US SURVEY FEET. 8. BENCHMARK ELEVATIONS DETERMINED USING TOPCON GPS UNIT, UTILIZING THE NORTH CAROLINA VRS SYSTEM. 9. ELEVATIONS BASED ON NAVD 88 DATUM. 10. COMBINED FACTOR: 1.00000154. 11. ZONING = R-15, NEW HANOVER COUNTY, NC. 12. TREE SURVEY BASED ON NEW HANOVER COUNTY TREE ORDINANCE. 13. THIS TOPOGRAPHIC SURVEY REPRESENTS ABOVE GROUND VISUAL EVIDENCE. IT IS NECESSARY TO CALL AN UNDERGROUND LOCATOR BEFORE ANY EXCAVATION. 14. ONE FOOT CONTOURS ON MAP ARE GENERATED FROM NC LIDAR DATA SUPPLEMENTED WITH FIELD SURVEY DATA FROM DANFORD & ASSOCIATES, PC. 15. WETLANDS DELINEATED BY DAVID SCIBETTA, WITH SEGI. SKETCH DATED 3/2/2022. LIDAR CERTIFICATE MetaData Information from 2014 NC Floodplain mapping Program LIDAR (Phase 2) The LiDAR project was a joint effort between NC Emergency Management, NC Geodetic Survey and the NCDOT. All LiDAR data for the project was collected by the E.S.P. Associates, PA. team between January 30, 2014 and March 13, 2014 at nominal post spacing of 0.7 meters (2.29 feet) or better. The project design was developed to ensure that the acquired LIDAR data met or exceeded the requirements for the current USGS Quality Level 2 (q12) LIDAR Specification at a Fundamental Vertical Accuracy (FVA) of 18.2 centimeters (cm) (7.16" inches) at the 95-perfect confidence level (9.25cm RMSEZ) (3.64" inches) or better to support a one foot (1) contour interval. All data was delivered in the North Carolina State Plane Coordinate System, with a horizontal datum of NAD83 (2011., vertical datum of NAVD88 (Geoid 12A), in US Survey Feet. LIDAR full return mass points were compared with surveyed elevations provided by independent contractors to the North Carolina Geodetic Survey. The value of 0.064 meters (0.20' feet) RMSEZ for the full project was an average of the county values weighted by the number of samples per county. A full description of the State of NC LiDAR project data process can be found at: https://coast.noaa.gov/htdata/lidarl _z/geoid l2b/data/4957/nc2Ol4_ncfmp_phasell_metadata.html POST ACQUISITION REPORT Dated: June 20, 2014 E.S.P. Associates, P.A. - PO Box 7030 Charlotte, NC 28241 - NCBELS License C-0587 James C. Gray, Jr. PLS # L-4778 Dated: June 11, 2014 I0 PP P ,1 I 1 1 I 1 1 1 1 1 1 1 1 1 1 I 1 1 I 1 1 1 1 1 1 1 1 1 1 1 LLI N Q o � m W E ". 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PHONE(910)799-4916 FIRM LIC# C-2797 email: ddonford®donfordsurveying.com BOUNDARY, TOPOGRAPHIC & TREE SURVEY FOR TIDEWATER INVESTMENT COMPANY 5000 NORTH COLLEGE ROAD A PORTION OF LOT 41-A HERMITAGE ESTATES CATHERINE E. BURNEY HEIRS LANDS PARCEL ID:R01800-002-001-000 DEED BOOK 1454 PAGE 1540 CAPE FEAR TOWNSHIP NEW HANOVER COUNTY NORTH CAROLINA MARCH 12, 2022 50 0 25 50 100 1 INCH = 50 FEET ONE FOOT CONTOUR INTERVAL - NAVD 88 DATUM © DANFORD & ASSOCIATES LAND SURVEYING, PC Board of Commissioners - September 3, 2024 ITEM: 10- 7 - 12 NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina 28403 Telephone (910) 798-7165 Nhcgov.com/528/Planning-Land-Use COMMUNITY INFORMATION MEETING REPORT This Community Information Meeting Report must be submitted with the application for a conditional rezoning, planned development, or intensive industry special use permit in order for the application to be deemed complete. Address/Location Parcel Identification Number(s) 5000 N. College Road 323106.37.3818 [R01800-002-001-000] Meeting Date and Time Tuesday, June 25, 2024 / 6:00 p.m. Format (Virtual, In -Person, Hybrid) Location if In -Person or Hybrid In -person w/ info provided for alternative Shelter #2 / Northern Regional Park contact if not able to attend 4700 Old Avenue, Castle Hayne Selection Criteria for Location Proximity to the subject project site Meeting Summary Issues and Concerns Discussed at Meeting Board of Commissioners - September 3, 2024 Page 1 of 2 ITEM: 10- 7C-.i&unity Information Meeting Report — Approved 06-2022 List of Changes and Modifications Made to the Proposal in Response to Issues and Concerns (if no modifications were made, please explain why) N/A Report Attachments All of the following items must be submitted as part of the required community information meeting report in addition to this form. Checklist Applicant Initial ❑ A list of names and addresses of attendees CAW ❑ A list of the names and addresses of invitees and copies of any returned mailings received to date CAW ❑ A copy of the mailed notice with all attachments CAW ❑ A copy of all materials distributed or presented at the meeting CAW Acknowledgement and Signatures By my signature below, I hereby certify that written notice of the community information meeting as described above was mailed and/or personal delivery to property owners withing 500 feet of the subject site as set forth on the attached list, by first class mail on [DATE] June 12, 2024 . A copy of the written notice is also attached. I also herby certify that the meeting summary and list of attendees is accurate and representative of the proceedings at the community information meeting. Cynthia Wolf - Design Solutions Signature of Applicant or Applicant's Agent Print Name June 30, 2024 Date Board of Commissioners - September 3, 2024 Page 2 of 2 ITEM: 10- 7Cori&unity Information Meeting Report — Approved 06-2022 Community Information Meeting 5000 N. College Road / Dunne Commerce Park Date: Tuesday, June 25, 2024 Name Address Email (Optional) Kevin & Pauline Dunne Developers pauline@oceanbluepoolsandspas.com Cindee Wolf Project Planner cwolf@lobodemar.biz Board of Commissioners - September 3, 2024 ITEM: 10- 7 - 15 G Fol Fol Fol PROPERTIES WITHIN A 500' PERIMETER OF 5000 N COLLEGE ROAD: ADJACENT OWNERS BROWN HOWARD DILL HILDA CAMERON ETAL DMH LAND LLC DOMBROSKI RONALD EDWARD HENDERSON DANNY SARA JACOB PAULA K JH LAND LLC KING HELEN MCINTYRE HEIRS KING HELEN MCINTYRE HEIRS KING KEVIN HASAN KING TERRENCE MOORE GARY ETAL OJEDA FERNANDO PERKINS ANDREA LAFAYE HEIRS REB ACQUISITIONS LLC SCOTT BILLY WONCE MARY L KING STEPHEN MAILING ADDRESS 19221 HYW 210 PO BOX 3649 4720 N COLLEGE RD 4917 CASTLE LAKES RD 217 CHIMNEY LN 5104 KINGS CASTLE LN PO BOX 3649 2804 FLETCHER CT PO BOX 63 5214 KINGS CASTLE LN PO BOX 81 124 LONG RIDGE DR 7 CRICKET CT PO BOX 63 PO BOX 7948 PO BOX 235 505 LAZY ACRES RD CITY / STATE / ZIP ROCKY POINT NC 28457 WILMINGTON NC 28406 CASTLE HAYNE NC 28429 CASTLE HAYNE NC 28429 WILMINGTON NC 28409 CASTLE HAYNE NC 28429 WILMINGTON NC 28406 CASTLE HAYNE NC 28429 CASTLE HAYNE NC 28429 CASTLE HAYNE NC 28429 CASTLE HAYNE NC 28429 WILMINGTON NC 28405 WILMINGTON NC 28411 CASTLE HAYNE NC 28429 ROCKY MOUNT NC 27804 CASTLE HAYNE NC 28429 BUMPASS VA 23024 Board of Commissioners - September 3, 2024 ITEM: 10- 7 - 17 June 12, 2024 To: Adjacent Property Owners Re: Dunne Business Park In 2022, an outdoor recreational facility, specifically for pickleball, was approved for the tract at 5000 N. College Road. That project proposal has been discontinued. My current clients, Kevin & Pauline Dunne, are interested in developing a business center with "flex" commercial space. This property is within the proximity of your lands. The proposal would require that the past Conditional Zoning District be reapproved by New Hanover County for a modified site plan and new use. A Conditional Zoning District allows particular uses to be established only in accordance with specific standards & conditions pertaining to each individual development project. Essentially, this means that only the use, structures & layout of an approved proposal can be developed. An exhibit of the project layout is enclosed. The County requires that the developer hold a meeting for all property owners within 500 feet of the tract boundary, and any other interested parties. This provides neighbors with an opportunity for explanation of the proposal and for questions to be answered concerning project improvements, benefits and impacts. A meeting will be held on Tuesday, June 25t", at Shelter #2 of the Northern Regional Park, 4700 Old Avenue, Castle Hayne, 6:00 p.m. The location is across from the tennis / pickleball courts. If you cannot attend, you are also welcome to contact me, Cindee Wolf, at telephone # 910-620-2374, or email cwolf@lobodemar.biz with comments and/or questions. We appreciate your interest in the project, and look forward to being a good neighbor and an asset to the community. Board of Commissioners - September 3, 2024 ITEM: 10- 7 - 18 Dunne Business Park Concept Plan Board of Commissioners - September 3, 2024 ITEM: 10- 8 - 1 6 i. n/f Virginia Perkins Life Estate D.B. G 19G-G54 Zoning: R-1 5 Land Use: / Residential / v \ C, O% 15 \ n/f REB Acciul5ltlon5, LLC D.B. 5 1 04- 1 985 Zoning: 1-2 Land Use: Industrial %% `��C A R %` .��,� �.��0 :PNDS W o > P.O. Box 7229- Wilmingtoh, NC 28406 Tel. 910-620-2374 0 Oesill Solutions n/f Gary Moore etal D.B. 5 149-382 Zoning: R-1 5 Land Use: Residential 1� N 7—� .�WWwWW W 10 v Laurel oily it Pi obi \ Pir h Driveway Permit 0 by NCDOT 01 C G6 Utility Notes: I . Water sevice will be from a private well. Sanitary sewer service is available from CFPUA by private pump station connection to adjacent public force main, but septic system (approved by NHCo Health Dept.) may be used for Initial phased development. 2. All utility services, such as electric power, CATV, gas *telephone shall be installed underground. 3. All water � sewer utilities to be installed per CFPUA Technical Specifications * Standards. 4. Solid waste disposal will be by private contracted dumpster pickup. n/f Della Benjamin Shaw D.B. 1824-527 Zoning: R-1 5 Land Use: Residential n/f / Howard 22 Brown D.B. 2599- 1 97 2� 0 9 8 Zoning: R- 15 8 Land Use: 9 Vacant ZO S 75 o3g � 5 E � N 03.8/, r r � 3590 s.f.± Wetland Fill Permit \ l � / I / 5tormwater Pond N to \ / C) L � 0^ (Right -turn lane Rt- deceleration taper req'd per X's preliminary review Fq comments) \ Water '\ \ 7„ Mag. Tree Preservation Notes: I . Tree Preservation / Removal Permit is required prior to clearing 4� land disturbance. 2. Prior to any clearing, grading or construction activity, tree protection fencing will be installed around protected trees or groves of trees and no construction workers, tools, materials, or vehicles are permitted within the tree protection fencing. 3. Protective fencing is to be maintained throughout the duration of the project. Land clearing and construction contractors shall receive adequate instruction on tree protection requirements and methods. 4. Label protective fencing with signs to be placed every 50 linear feet, or at least two (2) per area, in both Engllsh * Spanish "Tree Protection Area: Do Not Enter." \9 V \ k # Buie"Yard 5tormwater Management Notes: 1. 5tormwater management will meet County � State requirements. Total limits of disturbance are greater than one ( I ) acre. A New Hanover Co. Grading / Erosion Control Permit will be recl'd. n/f N HOMY eheker PZd oT O Wcko St N E Chen. 5. m o Ash � N St 3 eowm It a" Rd W E �l= S Vicinity Map (No Scale) Site \ `SLn N7547 I JH Land, LLC D.B. 4 140-1 27 Zg6 eo/ �C e C w I I I LandUse: SS Vacant 23 General Development Notes: 1. All development shall be in accordance with the New Hanover County Zoning Ordinance. 23 2. Project shall comply with all Federal, State New Hanover County regulations. General Notes: f+ F pp Zoning: B-2 Site Inventory NOte5: 1. New Hanover County Parcel No.: I 23 Land Use: 1. Soils: Ke (Kenansville fine sand) t PreliminaryDevelopment Data: p 3231OG.37.3818 [RO 1 800-002-00 1 -000 Vacant 2/ 22 Le (Leon sand) /92 Proposed Land Use: Commercial 2. Tract Area: 7.79 ac.± /y� n/f 2. This property is not impacted by any AEC. Gross Floor Area: 3G,900 s.f.± 3. Existing Zoning District: (CZD) CB 2/ JH Land, LLC 3. There are no Conservation Overlay boundaries Proposed Zoning District: (CZD) B-2 VV D.B. 4 149- 127 affecting this property. Bldg. Hgt.: Max. 30' 4. Comp Plan Place -Type: 4. This site is not impacted by any recognized Parking: Community Mixed -Use � General Residential I historic or archeological significance. 3,000 s.f. General Retail @ 2.5/ 1 000 = 9 I I G,G50 s.f. Office @ 2.5/ 1000 = 42 5. No cemeteries were evidenced on the site. I G,G50 s.f. Contractor @ 3/1000 = 50 Graphic Scale Total Spaces Redd. = 10 1 G. There are no exl5ting regulated trees within the ** Total Spaces Prov'd. = I OG ** 40 30 20 10 0 20 40 80 I development area. I 7. There are Jurisdictional wetlands on the site. Estimated Surface Coverage - Rooftops - 3G,900 s.f.± 8. There is no evidence of endangered species or Pavement - 72,000 s.f.± habitat issues on the site. Walks - G,000 s.f.± 9. This tract is not impacted by any Special Flood Hazard Total - 1 15,5 s.f.± (34.0 o) Area as evidenced on N.C. Flood Map 3720323 1 OOOJ. ** Note - All security and decorative lighting 10. The site runoff will flow into the Prince George Creek shall be located so as not to shine or reflect watershed, draining into the Cape Fear River, into directly onto any adjacent residential property. SC classified waters. Project No.: 24-25 Scale: 1"=40' Date: OG/30/24 Revisons: 07/ I O/24 for Prelim. Review Comments Current Owner: Tidewater Investment Company 1 12 1 Military Cutoff Rd., Suite C Wilmington, NC 28405 Developer: Kevin * Pauline Dunne 3800 Northeast Avenue Ca5tle Hayne, NC 28429 Conditional Zoning D15triCt Concept Plan Property Address: 5000 N. College Road Dunne, Commerce, Fark Cape Fear Town5hlp / New Hanover County / North Carolina ITEM: 10- 9 - 1 Public Comments In Support Neutral In Opposition Board of Commissioners - September 3, 2024 ITEM: 10- 10 - 1 Case #Z24m16 Rezoning Request: 7.79 acres from (CZD) CB to (CZD) B-2 Applicant: Cindee Wolf, Design Solutions Property Owners: Tidewater Investment Co., Inc. Amy Doss Development Review Planner Board of Commissioners - September 3, 2024 ITEM: 10- 11 - 1 Planning & Land Use Slide 2 AERIAL N U Y O/ �9 a Z24 16 Board of Commissioners - September 3, 2024 ITEM: 10- 11 - 3 Planning and Land Use Slide 4 Planning and Land Use Slide 5 Representative Development of B-2 Exchange Drive Gordon Road Board of Commissioners - September 3, 2024 ITEM: 10- 11 - 6 Concept Plan �clla 4 Bon ces szum.ea / ' W Wetlands Proposed Flex and Stormwater Strip Retail Contractor f 1 I Pond Office Space „C15 1 - (4 Bldgs) I I Duke Power Easement Proposed — I \ Ac Dumpsters Bess Eas _ - . ement ,I (3) Board of Commissioners - September 3, 2024 ITEM: 10- 11 - 7 Site Access Site Access z w 8 LO Y T oMq� Board of Commissioners - September 3, 2024 ITEM: 10- 11 - 8 earby Developme nt s + F o�ry'S�elter---Rd- ��1 ( Royal Farms r ^R� ;e � TT —.•,—STIP Project - Approved TIA._. f1%T V 1 'J-; - Parsons iVlill _ l Subdivisions Under - Construction Subject Site J7F- - I Board of Commissioners - September 3, 2024 ITEM: 10- 11 - 9 Trip Generation Typical Development Under Pickleball Recreation w Existing Zoning: Establishment 10 AM / 28 PM Development Under Proposed CZD B-2 Zoning: Potential Impact of Proposed Designation 3,600 SF Strip Retail and 33,300 SF Office Space 61 AM / 80 PM +51 AM / +52 PM Board of Commissioners - September 3, 2024 ITEM: 10- 11 - 10 Compatibility • The proposed rezoning is for a 7.79-acre parcel fronted by North College Road. • Nearby, there is residential, industrial, and undeveloped land. • Current site plan approved in 2022 for a recreation establishment. • Landscaped buffers will be provided between the proposed development and adjacent single-family use. • Retail components are located along North College Road and flex office space toward the back of the property. Board of Commissioners - September 3, 2024 ITEM: 10- 11 - 11 Strategic Plan Sustainable Land Use & Environmental Stewardship Desired Outcome Through planned growth and Connect residents to basic needs development, residents have through a variety of housing and access to their basic needs. transportation options. sired Outcomes 95% of residential units are within a 10-minute drive of health care, childcare, grocery stores and pharmacies Increase the housing supply to a level of one residential unit per two residents Workforce & Economic Development A business -friendly Plan for the long -terra needs environment that promotes of businesses through timely, Maintain new business growth within 2.5% of the state growth, agility, and innrnrative Programs and County sales taxyear overyeargrowth lb higherthan the state collaboration.4mmunity partnerships. Board of Commissioners - September 3, 2024 ITEM: 10- 11 - 12 New Hanover County Future Land Use Map. 2016 Comprehensive Plan Place Type: Community Mixed Use I L �o a 7E 7— ti L� v ea La The Future Lend Use Me t — C, c�.a oe useal g ene p Z'Zd1 a. Board of Commissioners - September 3, 2024 ITEM: 10- 11 - 13 Planning Board Action The Planning Board considered this item at their August 1, 2024, meeting and voted (7-0) to recommend APPROVAL of the petition. The Board found it to be generally CONSISTENT with the 2016 Comprehensive Plan because the proposed uses are in line with the place type recommendations. The Board also found RECOMMENDING APPROVAL of the project was reasonable and in the public interest because the proposed project will provide a number of commercial services for nearby residents, includes relatively low traffic generators, and is located on an arterial road. Board of Commissioners - September 3, 2024 ITEM: 10- 11 - 14 Planning Board Recommended Conditions 1. Within the 3,600 SF building at the front of the property closest to North College Road, uses are limited to the following: business service center, contractor office, offices for private business and professional activities, personal services, general, instructional services & studios, and retail sales, general. 2. Within the remaining four (4) buildings totaling 33,300 SF uses will be limited to offices for private business and professional activities and for contractor offices. 3. Building height will be limited to one (1) story and a maximum of 30. Board of Commissioners - September 3, 2024 ITEM: 10- 11 - 15 HCI'CIHL ❑0 Z24-16 N_ u Board of Commissioners - September 3, 2024 ITEM: 10- 11 - 16 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:9/3/2024 Regular DEPARTMENT: Planning PRESENTER(S): Zach Dickerson, NHC Senior Planner CONTACT(S): Zach Dickerson; Robert Farrell, NHC Development Review Supervisor; Rebekah Roth, NHC Planning & Land Use Director SU BJ ECT: Public Hearing Text Amendment Request (TA24-04) - Request by Cindee Wolf with Design Solutions, applicant, to amend Article 4 of the Unified Development Ordinance to allow the use of Restaurant by -right in the O&I, Office & Institutional District with a limitation on the maximum square footage of the use BRIEF SUMMARY: This is an applicant -initiated request to amend the Table of Permitted Uses, allowing restaurants as a by -right use in the Office and Institutional (0&1) zoning district, with the condition that the restaurant size is capped at 3,000 square feet. Staff and the Planning Board recommend that drive-thrus also be prohibited, and the applicant has indicated their agreement to that additional use -specific standard. The Unified Development Ordinance (UDO) defines restaurants as establishments where food and beverages are prepared and sold on a retail basis for consumption on or off the premises. This broad definition includes fast food restaurants, fine dining, and coffee shops, without distinguishing between them in terms of use standards. Currently, restaurants are allowed in all commercial zoning districts except the 0&1 district. If approved as a by -right use, restaurants in the 0&1 district would be reviewed and approved administratively by the Technical Review Committee (TRC). The 0&1 district, established in 1969, is mainly located along highway corridors like Castle Hayne Road, Market Street in Ogden and Porters Neck, and Piner Road in the Monkey Junction area. It typically serves as a transitional zone between residential and higher -intensity commercial districts like B-1 and B-2 and is situated in locations with more intense land uses and higher -density development patterns to support economic clusters. Common uses include medical offices, financial and law firms, banks, and general office spaces. Historically, restaurants have not been allowed in the O&I district, dating back to the original 1969 New Hanover County Zoning Ordinance. Although there was consideration to add restaurants to the 0&1 district during the 2018 U DO Project update, with a prohibition on drive-thrus, this idea was not pursued at the time. Uses in the 0&1 district are generally less intensive and generate lower traffic. For reference, the table in the staff report provides approximate traffic generation figures for common uses in the district, as provided by the Wilmington Metropolitan Planning Organization (WMPO). While restaurant traffic can vary widely, from high traffic at fast-food establishments to lower traffic at fine dining locations, the applicant has proposed capping restaurant size at 3,000 square feet in the 0&1 district to minimize traffic impacts. This cap is intended to reduce the potential traffic generated, particularly if the restaurant is a high -turnover establishment. Some less intense restaurant uses may generate traffic similar to office uses. Any use that generates more than 100 trips during peak hours would require a traffic impact analysis (TIA). To further limit traffic in the 0&1 district, staff recommends an additional use standard prohibiting restaurants with drive-thrus. Board of Commissioners - September 3, 2024 ITEM: 11 In nearby jurisdictions like the City of Wilmington and Pender County, restaurants are permitted by -right in their Office and Institutional districts, without additional use standards. While Brunswick County does not have an 0&1 district, it permits restaurants with lot size standards in all commercial zoning districts. The 2016 Comprehensive Land Use Plan (Comprehensive Plan) identifies the 0&1 zoning district as typical for the Commerce Zone, Employment Center, Community Mixed Use, and Urban Mixed Use place types. These districts, often located along major road corridors, align with the plan's designation of Community Mixed Use or Urban Mixed Use. Restaurant uses are consistent with the recommendations for these place types and could complement the offices and institutional uses typically found in the district. Moreover, the rise of remote work during the pandemic has increased interest in diversifying office building uses, as seen in the City of Wilmington's Skyline Center. It is also common for multiple tenants to share space in 0&1 districts, meaning a restaurant could be just one of several uses within an office structure. The Planning Board considered this amendment at its August 1, 2024, meeting. The members were generally supportive of the amendment as proposed and discussed adding a prohibition on drive-thrus in the 0&1 district. They also addressed traffic generation and noted that allowing restaurants in the district could enhance pedestrian connectivity within commercial areas, potentially reducing overall traffic as people would not need to drive elsewhere for dining. The Planning Board unanimously voted (7-0) to recommend approval of the proposed text amendment, including the prohibition on drive-thrus. The Planning Board found the application to be CONSISTENT with the purpose and intent of the Comprehensive Plan, as it provides updated zoning tools. They also deemed RECOMMENDING APPROVAL reasonable and in the public interest, as restaurants are common in office districts, align with the intent of the 0&1 district to create economic clusters, and would allow for more adaptive reuse of existing buildings. STRATEGIC PLAN ALIGNMENT: • Workforce & Economic Development o A business -friendly environment that promotes growth, agility, and collaboration. ■ Plan for the long-term needs of businesses through timely, innovative programs and community partnerships. RECOMMENDED MOTION AND REQUESTED ACTIONS: The proposed amendment would allow restaurants by -right in the 0&1 district with additional use standards. The proposal to cap the use at 3,000 square feet reduces traffic counts and would make the restaurant use similar in traffic generation to allowed uses in the 0&1 district. The Planning Board recommended a prohibition on restaurants with drive-thrus in the 0&1 district, of which staff is supportive. As a result, Staff concurs with the Planning Board's recommendation of the request and suggests the following motion: I move to APPROVE the proposed amendment to the New Hanover County Unified Development Ordinance to allow the use of Restaurant as by -right in the 0&1, Office & Institutional zoning district with the additional use standard capping the use at 3,000 square feet and prohibiting drive-thrus. I find it to be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it provides up-to- date zoning tools. I also find APPROVAL of the proposed amendment reasonable and in the public Board of Commissioners - September 3, 2024 ITEM: 11 interest because it is a use common in office districts, serves the intent of the 0&1 district to create economic clusters, and would allow more adaptive reuse for existing buildings. 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 text amendment. While I find it to be generally CONSISTENT with the purposes and intent of the Comprehensive Plan because it provides up-to-date zoning tools, I find recommending DENIAL of the rezoning request is reasonable and in the public interest because the use is too intense for the generally low -intensity 0&1 zoning district. ATTACHMENTS: TA24-04 BOC Script TA24-04 BOC Staff Report TA24-04 Proposed Amendment Initial Application Co\,er Sheet TA24-04 Application Staff Presentation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved (5-0). Board of Commissioners - September 3, 2024 ITEM: 11 BOARD OF COMMISSIONERS SCRIPT for Text Amendment Application (TA24-04) Request by Cindee Wolf with Design Solutions, applicant, to amend Article 4 of the Unified Development ordinance to allow the use of Restaurant by -right in the O&I, Office & Institutional District with a limitation on the maximum square footage of the use. 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 amendment to the New Hanover County Unified Development Ordinance to allow the use of Restaurant as by -right in the 0&I, Office & Institutional zoning district with the additional use standard capping the use at 3,000 square feet and prohibiting drive-thrus. I find it to be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it provides up-to-date zoning tools. I also find APPROVAL of the proposed amendment reasonable and in the public interest because it is a use common in office districts, serves the intent of the 0&1 district to create economic clusters, and would allow more adaptive reuse for existing buildings. Board of Commissioners - September 3, 2024 ITEM: 11- 1 - 1 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 text amendment. While I find it to be generally CONSISTENT with the purposes and intent of the Comprehensive Plan because it provides up-to-date zoning tools, I find recommending DENIAL of the rezoning request is reasonable and in the public interest because the use is too intense for the generally low -intensity 0&1 zoning district. Alternative Motion for Approval/Denial: I move to [Approve/Deny] of the proposed text amendment. 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 - September 3, 2024 ITEM: 11- 1 - 2 STAFF REPORT FOR TA24-04 TEXT AMENDMENT REQUEST REQUEST SUMMARY Case Number: TA24-04 Request: Request by Cindee Wolf with Design Solutions to amend Table 4.2.1 of the Unified Development Ordinance related to the use permissions for Restaurant and Section 4.3.4, Standards for Specified Principal Uses, Commercial Uses. Applicant: Subject Ordinances: Cindee Wolf, Design Solutions Unified Development Ordinance (UDO) Purpose & Intent The applicant's key intent is to allow the use of Restaurant by -right in the 0&1, Office & Institutional district with a 3,000 square foot maximum square footage limitation in that district. BACKGROUND This is an applicant -initiated text amendment request to amend the Table of Permitted Uses to allow the use of Restaurant as a by -right use in the 0&1, Office and Institutional zoning district with an additional use standard of capping the use at 3,000 square feet. Restaurants are not currently permitted in the Office and Institutional district, but they are permitted in all other commercial zoning districts. The district was one of the original County zoning districts when the County began adopting zoning in 1969. The 0&1 district is concentrated mainly along highway corridors such as Castle Hayne Road, Market Street in Ogden and Porters Neck, and on Piner Road in the Monkey Junction area. It is typically found as a transitional district between residential districts and higher intensity commercial districts such as B-1 and B-2. The purpose of the 0&1 district is to provide lands that accommodate institutional, professional office, and other compatible uses. The 0&1 district should be located in areas with more intense uses and higher density development patterns to support economic clusters in appropriate locations. The UDO defines Restaurants as: "Establishments where food and beverages are prepared and sold on a retail basis for consumption on or off premises as its principal business." The UDO does not break down restaurants by type, and the definition includes fast food restaurants, fine dining establishments and coffee shops. Restaurants do not have any additional use standards in Section 4.3.4, Standards for Specified Principal Uses, Commercial Uses. Board of Commissioners - September 3, 2024 ITEM: 11- 2 - 1 A by -right use means all reviews and approvals would be handled administratively at staff level through the Technical Review Committee (TRC). ANALYSIS The purpose of the Office and Institutional District is to provide areas where institutional uses, professional office uses and other uses compatible to uses of an office or institutional nature shall be encouraged to locate and to provide protection for this type of land use from encroachment by other less desirable uses. Common uses in this district include medical offices, financial and law firms, banks and general office uses. It is often a transition between more intense commercial uses and residential uses. The restaurant use has historically not been allowed in the 0&1 district dating back to the original New Hanover County Zoning Ordinance in 1969. During the initial phase of the UDO Project update in 2018 , staff considered adding the restaurant use to the 0&1 district subject to a prohibition on drive-thrus but this was ultimately not pursued at the time. New Hanover County currently has 353 acres of 0&1 zoned land 14.83 acres of which is currently undeveloped. Approximately 100 acres of the 0&1 in the County is comprised of the Cape Fear Community College North Campus with another 40 acres in the Scotts Hill Medical Plaza. If there were to be any land rezoned to the 0&1 or a Conditional 0&1 district, it would have to go through the rezoning process which both the Planning Board and the Board of Commissioners would hear and vote on. In line with the intent of the district, staff anticipates that any request for a rezoning to the 0&1 district would be seen along those major roadway corridors, near to other commercial uses. Development in the 0&1 district is still subject to all other requirements for commercial development in the UDO, including setbacks, transitional buffers, and lighting. Estimated traffic generation for uses common in the 0&1 district include: Use (ITE Code) Square Foot AM Peak Hour Trips PM Peak Hour Trips Walk -In Bank or Financial Institution (91 1) 3,700 - 45 Drive -In Bank or Financial Institution (912) 3,700 37 78 Medical Dental Office (720) 6,500 20 26 General Office Building (710) 5,000 8 7 Small Office Building (712) 5,000 8 11 Restaurants can vary widely in how much traffic they generate, from a fast-food/high-turnover casual restaurant which generates large traffic counts to fine dining which typically generates lower counts. The applicant has proposed a specific use standard for allowing the restaurant use in the 0&1 district, capping the square footage of the use at 3,000 sf in order to reduce the impact of this use in the 0&1 district. Capping the square footage of the development could reduce the amount of traffic generated by the development, especially if it is a high -turnover restaurant use. While the Board of Commissioners - September 3, 2024 ITEM: 11- 2 - 2 ITE differentiates between different types of restaurant uses, the UDO does not. Per the WMPO, 3,000 sf of restaurant use generate the following estimated traffic counts: Use (ITE Code) Square Feet AM Peak Hour Trips PM Peak Hour Trips Fast Casual Restaurant (930) 3,000 4 38 Fine Dining (931) 3,000 2 23 High Turnover (Sit Down) (932) 3,000 29 27 Fast Food (w/o Drive Thru) (933) 3,000 130 100 Fast Food (w/ Drive Thru) (934) 3,000 134 99 Coffee Donut Shop (w/o Drive Thru) (936) 3,000 279 97 Coffee/Donut Shop (w/ Drive Thru) (937) 3,000 258 117 Some of the less intense restaurant uses would generate similar traffic counts to office uses. Any use that generates more than 100 trips in the peak hours would require a TIA. Because the intent of having square foot maximums is to reduce traffic generated in the 0&1 district, staff have also recommended an additional use standard which prohibits restaurants with drive-thrus in the 0&1 district. Nearby jurisdictions, including the City of Wilmington and Pender County permit restaurants by - right in their Office and Institutional Districts, and do not have additional use standards that apply to restaurants. Brunswick County does not have an 0&1 district, but permits restaurants with lot size standards in all of their commercial zoning districts. The 2016 Comprehensive Plan identified the 0&1 zoning district as a typical zoning category for the Commerce Zone, Employment Center, Community Mixed Use, and Urban Mixed Use place types. The Comprehensive Plan designates most areas along major road corridors as either Community Mixed Use or Urban Mixed Use. Because the 0&1 districts are often along those corridors, they also fall under this place type designation. Restaurant uses are in line with the uses recommended in both of these place types and could be appropriate in close proximity with the types of offices and institutional uses outlined for the district. In addition, the pandemic and subsequent rise of working from home options has led to increased interest in diversifying the mix of uses allowed in office structures, as seen in the City of Wilmington's move into the Skyline Center. The uses allowed in the 0&1 district are often used in conjunction with other uses, so a restaurant may not be the only tenant in an office structure. Board of Commissioners - September 3, 2024 ITEM: 11- 2 - 3 PLANNING BOARD ACTION The Planning Board considered this item at their August 1, 2024 meeting. The Board was generally supportive of the amendment and discussed adding a prohibition on drive-thrus in the 0&1 district. The applicant was in agreement with the prohibition of drive-thrus. The Board also discussed traffic generation of the use as well as that the allowance of restaurants in the district could promote pedestrian connectivity within commercial areas, thus reducing traffic overall as people would not need to drive elsewhere to a restaurant. The Board voted (7-0) to recommend approval of the proposed text amendment, including a prohibition on drive-thrus in the 0&1 district. The Planning Board found the application to be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it provides up-to-date zoning tools. The Planning Board also found recommending APPROVAL of the proposed amendment reasonable and in the public interest because it is a use common in office districts, serves the intent of the 0&1 district to create economic clusters, and would allow more adaptive reuse for existing buildings. STAFF RECOMMENDATION The proposed amendment would allow restaurants by -right in the 0&1 district with additional use standards. The proposal to cap the use at 3,000 square feet reduces traffic counts and would make the restaurant use similar in traffic generation to allowed uses in the 0&1 district. The Planning Board recommended a prohibition on restaurants with drive-thrus in the 0&1 district, of which staff is supportive. As a result, Staff concurs with the Planning Board's recommendation of the request and suggests the following motion: I move to APPROVE the proposed amendment to the New Hanover County Unified Development Ordinance to allow the use of Restaurant as by -right in the 0&1, Office & Institutional zoning district with the additional use standard capping the use at 3,000 square feet and prohibiting drive-thrus. I find it to be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it provides up-to-date zoning tools. I also find APPROVAL of the proposed amendment reasonable and in the public interest because it is a use common in office districts, serves the intent of the 0&1 district to create economic clusters, and would allow more adaptive reuse for existing buildings. 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 text amendment. While I find it to be generally CONSISTENT with the purposes and intent of the Comprehensive Plan because it provides up-to-date zoning tools, I find recommending DENIAL of the rezoning request is reasonable and in the public interest because the use is too intense for the generally low -intensity 0&1 zoning district. Board of Commissioners - September 3, 2024 ITEM: 11- 2 - 4 PLANNING BOARD & STAFF RECOMMENDED AMENDMENT *Changes to the Applicant requested text amendment are noted in blue italics. Unified Development Ordinance Section 4.3. Standards for Specified Principal Uses 4.3.4, Commercial Uses J. Food & Drink 7. Restaurant Restaurants in the O&I District shall comply with the following standards: a. The gross square footage of the use shall not exceed 3,000 square feet, including outdoor seating area. b. Drive-thrus are prohibited. Board of Commissioners - September 3, 2024 ITEM: 11- 3 - 1 Initial Application Documents & Materials Board of Commissioners - September 3, 2024 ITEM: 11- 4 - 1 NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 1 10 Wilmington, North Carolina 28403 Telephone (910) 798-7165 FAX (910) 798-7053 planningdevelopment.nhcgov.com UDO TEXT AMENDMENT APPLICATION This application form must be completed as part of a text amendment application submitted through the county's online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the application, are set out in Section 10.3.1 of the Unified Development Ordinance. (Optional) 1 2 3 4 5 6 Pre -Application Application Planning Public Hearing Planning Board Board of Post -Decision Conference Submittal & Director Review Scheduling & Hearing & Commissioners Limitations and Acceptance & Staff Report Notification Recom- Hearing & Actions mendation Decision Mimi • • • • a 11161d11191110id Name Cindee Wolf Company Design Solutions Address P.O. Box 7221 City, State, Zip Wilmington, i41• Phone 910-620-2374 Email cwolf@lobodemar.biz Board of Commissioners - September 3, 2024 Page 1 of 3 ITEM: 11- 5 - 1 Text Amendment Application — Updated 1 2-2020 2. Proposed Amendment Current Unified Development Ordinance (UDO) Article: Article 4: Uses and Use -Specific Standards Current UDO Section(s) and Subsection(s): Table 4.2.1: Principal Use Table & 4.3.4.D. Food & Drink Proposed amendment to the above sections)/subsection(s) (attach additional pages if necessary): Add "Restaurant" to the list of permitted uses in the Office & Institutional (0&1) district with a specific use standard related to establishment size. Add Use -Specific Condition Reason for request, citing consistency with 2016 Comprehensive Plan and any other relevant plans, development trends, problems posed by existing language, etc. (attach additional pages if necessary): Establishments where food and beverages are prepared and sold on a retail basis for consumption on or off premises are a logical business near the types of uses permitted in the 0&1 district. As an example, it doesn't make sense for employees to have to travel to other areas of commercial zoning for lunch - rather than the possibility to walk to an eatery within the same office complex or on nearby or adjacent properties within the same district. Proposed Condition: 4.3.4.D. Food & Drink 1. Restaurant Restaurants in the 0&1 district shall comply with the following standards: a. The gross floor area shall not exceed 3,000 square feet. ** Reference attached Narrative for Consistency & Justification ** Board of Commissioners - September 3, 2024 Page 2 of 3 ITEM: 11- 5 - 2 Text Amendment Application — Updated 1 2-2020 Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under "Applicant Initial". Applications determined to be incomplete must be corrected in order to be processed for further review. Application Checklist Applicant Initial ❑ This application form, completed and signed CAW ❑ Application fee: $400 CAW ❑ One copy of ALL documents. Additional hard copies may be required by staff depending on the size of the document. CAW 3. Acknowledgement and Signatures By my signature below, I understand and accept all of the conditions, limitations and obligations of the text amendment for which I am applying. 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. C�yV , w Signature of Applicant(s) Cynthia Wolf - Design Solutions Print Names) If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will be calendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. Board of Commissioners - September 3, 2024 Page 3 of 3 ITEM: 11- 5 - 3 Text Amendment Application — Updated 12-2020 Explanation of impacts on the County as a whole and consistency with the Comprehensive Land Use Plan: The purpose of the Office & Institutional District is to provide lands that accommodate institutional, professional office and other compatible uses, but also allows residential development. The Unified Development Ordinance suggests that 0&1 districts should be located in areas with more intense uses and higher density development patterns to support economic clusters in appropriate locations. Limiting the availability of restaurants within these districts is counterintuitive to the Comprehensive Land Use Plan strategies of mixed -use development patterns, and reducing vehicle trips on the County's roads. Supporting small- scale services in proximity to their users promotes maximizing land use efficiency. Adding a prescribed condition for the maximum size of a restaurant in the 0&1 district can ensure that the use will not materially endanger the public health or safety, and that it will be consistent with the associated locations. Justification for amending the Unified Development Ordinance: The 0&1 district has typically been considered an acceptable transition between residential neighborhoods and busier commercial corridors. Allowing restaurant use would broaden the range of services that can be convenient to both surrounding private businesses and possible residents within the proximity. With some office uses becoming outmoded due to work -at-home trends, allowing the use in the 0&1 district could encourage the rehabilitation of obsolete and under-utilized buildings within the district. Research evidenced that Wilmington permits restaurants in their 0&1 district. Other North Carolina "suburban communities," similar to New Hanover County, include Pender County & Brunswick Counties — which both allow restaurants in their similar districts. Board of Commissioners - September 3, 2024 ITEM: 11- 5 - 4 Restaurants in O&I TA24-04 UDO Text Amendment Public Hearing Presentation Applicant: Cindee Wolf, Design Solutions Zach Dickerson Senior Planner Board of Commissioners - September 3, 2024 ITEM: 11- 6 - 1 Proposed Amendment Section 4.3, Standards for Specified Principal Uses 4.3.4, Commercial Uses J. Food and Drink 1. Restaurant Restaurants in the 0&1 District shall comply with the following standards: a. The gross square footage of the use shall not exceed 3,000 square feet, including outdoor seating area. Board of Commissioners - September 3, 2024 ITEM: 11- 6 - 2 Restaurant Use • The UDO defines restaurant as: "Establishments where food and beverages are prepared and sold on a retail basis for consumption on or off premises as its principal business." • Currently allowed by -right in every commercial district except O&I. • Restaurants do not have any additional use standards in the UDO, meaning that they do not have any additional restrictions or requirements beyond the general development standards including parking, landscaping, setbacks and buffering. Board of Commissioners - September 3, 2024 ITEM: 11- 6 - 3 0&1 DWcjqtoriginal zoning districts adopted by the County in 1969. • The purpose of the 0&1 district is to provide lands that accommodate institutional, professional office, and other compatible uses. • Concentrated mainly on major roadway corridors such as Castle Hayne Road and Market St in Ogden and Porters Neck, and along Carolina Beach Road, College Road, and Piner Road in Monkey Junction. Board of Commissioners - September 3, 2024 ITEM: 11- 6 - 4 Location 130 j l �Ya a Board of Commissioners - September 3, 2024 ITEM: 11- 6 - 5 0&1 Common Uses • Common uses in the 0&1 • Bank or Financial Institution • Medical Offices • Business Service Center District Include: • Offices (Government, Law, Insurance) • Pharmacy Board of Commissioners - September 3, 2024 ITEM: 11- 6 - 6 Analysis: Traffic Use (ITE Code) Square Foot AM Peak Hour Trips PM Peak Hour Trips Walk -In Bank or Financial Institution (91 1) 3,700 - 45 Drive -In Bank or Financial Institution (91 2) 3,700 37 78 Medical/Dental Office (720) 6,500 20 26 General Office Building (710) 51,000 8 7 Small Office Building (71 2) 50,000 8 1 1 Use (ITE Code) Square Feet AM Peak Hour Trips PM Peak Hour Trips Fast Casual Restaurant (930) 3,000 4 38 Fine Dining (931) 3,000 2 23 High Turnover (Sit Down) (932) 3,000 29 27 Fast Food (w/o Drive Thru) (933) 3,000 130 100 Fast Food (wl Drive Thru) (934) 3,000 134 99 Coffee/Donut Shop (w/o Drive Thru) (936) 3,000 279 97 Coffee/Donut Shop (wl Drive Thru) (937) 3,000 258 117 Board of Commissioners - September 3, 2024 ITEM: 11- 6 - 7 Analy «Si:F&I is often applied as a transitional district between more intensive uses and residential uses. • Restaurants have not been allowed historically in New Hanover County 0&1 district. • Staff considered adding the restaurant use to the 0&1 during the UDO Project Update in 2018, but this was ultimately not pursued at that time. • Restaurants are allowed in the City of Wilmington's 0&1 district, as well as Pender County's and Brunswick County's. Board of Commissioners - September 3, 2024 ITEM: 11- 6 - 8 Comprehensive Plan • The 2016 Comprehensive Plan identified the 0&1 zoning district as a typical zoning category for the Commerce Zone, Employment Center, Community Mixed Use and Urban Mixed Use Place Types. • Restaurant uses are in line with the uses recommended in several of these Place Types. • Restaurants could be appropriate in close proximity with the types of offices and institutional uses outlined for the 0&1 district. Board of Commissioners - September 3, 2024 ITEM: 11- 6 - 9 Planning Board Action The Planning Board considered this item at their August 1, 2024 meeting and voted (7-0) to recommend approval of the request, including a prohibition on restaurants with drive-thrus in the 0&1 district. The Planning Board found the application to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it provides up- to-date zoning tools. The Board also found recommending APPROVAL of the proposed amendment reasonable and in the public interest because it is a use common in office districts, serves the intent of the 0&1 district to create economic clusters, and would allow more adaptive reuse for existing buildings. Board of Commissioners - September 3, 2024 ITEM: 11- 6 - 10 Planning Board Section 4.3, Standards for Specified Principal Uses 4.3.4, Commercial Uses J. Food and Drink 1. Restaurant Restaurants in the 0&1 District shall comply with the following standards: a. The gross square footage of the use shall not exceed 3,000 square feet, including outdoor seating area. b. Drive-thrus are prohibited. Board of Commissioners - September 3, 2024 ITEM: 11- 6 - 11 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:9/3/2024 Regular DEPARTMENT: Planning PRESENTER(S): Theo McClammy, NHC Housing Program Manager CONTACT(S): Theo McClammy, Rebekah Roth, NHC Planning& Land Use Director SU BJ ECT: Public Hearing #2 Request (CDBG-I Application) - Proposed Scotts Hill Water Main Extension Community Development Block Grant - Infrastructure (CDBG-I) Application to the North Carolina Department of Environmental Quality BRIEF SUMMARY: On July 22, 2024, the Board of Commissioners held a public hearing on the proposed Scotts Hill Water Main Extension Community Development Block Grant Infrastructure (CDBG-I) application. The hearing allowed residents to provide oral and written comments on New Hanover County's past and proposed use of CDBG funds. Representatives of the Scotts Hill Community spoke to the Board on behalf of the community to state their support for the CDBG-I application and to request funding for neighborhood water connection to Cape Fear Public Utility Authority (CFPUA). The purpose of this second public hearing is to present the proposed CDBG-I application for public comment and to request the Board of Commissioners authorize staff to apply for the North Carolina Department of Environmental Quality (DEQ) grant and adopt the attached CDBG-I Project Resolution. The application will include the CDBG-I Project Resolution, Commitment of Other Funds, project budget prepared by CFPUA, and a water connections purpose and description prepared by consultant Insight Planning & Development. If the Board gives authorization to apply, staff will continue working with the consultant to prepare DEQ compliance forms and with Finance, Legal, and management to finalize the application for submission by September 30, 2024. A decision is anticipated in February 2025. New Hanover County intends to apply for a grant of $3 million in CDBG Infrastructure funds for the proposed Scotts Hill Water Main Extension, the maximum amount allowed, including 10% reimbursement for grant administration. The total cost of the proposed extension, comprising the direct connection for each occupied home, is projected to be $4,751,089. The proposed project will install approximately 3,200 linear feet (LF) of two-inch water lines, 3,800 LF of eight -inch water lines, and seven fire hydrants along Stephens Church Road, McIntyre Trail, Foys Trail, and Creekwood Road. Public side water service, including tap, service line, and meter box, will be completed for 57 parcels along the above - mentioned roads. Private side water service, including on -site plumbing from meter to home, will be completed for 50 connections along the above -mentioned roads. The proposed project also includes public and private easement/land acquisition, including approximately 1,750 feet of 20-foot wide public easements, 2,800 feet of 10-foot wide public easements, and 2,500 feet of five-foot wide private easements. A map showing the proposed project area of 57 parcels is included in the agenda packet. The area adheres to CDBG requirements that projects are built in well-defined communities where 51% of the residents are low- and moderate - income. In this case, over 88% of the residents are low -and moderate -income. Grant funds would connect 50 households and install infrastructure for an additional seven parcels that are currently vacant. No household will be displaced, nor will any require temporary relocation assistance because of the proposed project. Board of Commissioners - September 3, 2024 ITEM: 12 If CDBG-1 funding is awarded, staff recommend entering an Interlocal Agreement with CFPUA for the design and construction of the project. There would also be a contract with a consultant for grant administration, including federally required compliance monitoring. This proposed application is based on the results of a community survey of water needs, residents' income levels, a desire of residents to connect to CFPUA, and construction affordability. This project aligns with the County's priorities on community safety and well-being, housing, and infrastructure. 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: Approve submission of Scotts Hill Water Main Extension CDBG-1 Application to NC DEQ by September 30, 2024 and adopt the resolution. ATTACHMENTS: Script CDBGI Resolution Project Area Map CDBG OveNew Staff Presentation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved application submission and Adopted resolution (5-0). Board of Commissioners - September 3, 2024 ITEM: 12 SCRIPT: PUBLIC HEARING CDBG-1 APPLICATION: PROPOSED SCOTTS HILL WATER MAIN EXTENSION September 3, 2024 Chair Rivenbark states: We will open the public hearing of the New Hanover County Fiscal Year 25 North Carolina Department of Environmental Quality (DEQ) Community Development Block - Infrastructure Grant (CDBG-1) Application Scotts Hill Water Main Extension. The purpose of the public hearing is to obtain citizen's views and to allow response from the public to the proposed application and answer any questions posed by citizens. A public hearing was held on July 22, 2024, to inform citizens and to receive comments on the proposed CDBG-1 project. Staff will present a detailed overview of the New Hanover County CDBG-1 funding application and proposed project. Is there a motion to open the public hearing? MOTION: SECOND: VOTE: Chair Rivenbark states: Staff will now present the required information on this matter. The Board will then receive public comments from the citizens. (Hear staff presentation and receive public comments) Chair Rivenbark states: Is there a motion to close the public hearing? Iu siffe l SECOND: VOTE: (Board discussion takes place at this point) Chair Rivenbark states: Hearing no further discussion, is there a motion to approve staff submitting the Scotts Hill Water Main Extension Community Development Block Grant Infrastructure (CDBG-1) Application to the N. C. Department of Environmental Quality by September 30, 2024. MOTION: SECOND: VOTE: Board of Commissioners - September 3, 2024 Wry. - NEW HANOVER COUNTY x BOARD OF COMMISSIONERS 3 - _roo 230 Government Center Drive, Suite 175, Wilmington, NC 28403 \2 aZ P: (910) 798-7149 1 F: (910) 798-7145 1 NHCgov.com Bill Rivenbark, Chair I LeAnn Pierce, Vice -Chair Jonathan Barfield, Jr., Commissioner I Dane Scalise, Commissioner I Rob Zapple, Commissioner NEW HANOVER COUNTY BOARD OF COMMISSIONERS CDBG-I PROJECT RESOLUTION WHEREAS, Title I of the Federal Housing and Community Development Act of 1974, as amended, has established the U.S. Housing and Urban Development (HUD) Community Development Block Grant (CDBG) Program, and has authorized the making of grants to aid eligible units of government in funding the cost of construction, replacement, or rehabilitation of water and wastewater infrastructure, and that the North Carolina Department of Environmental Quality (NCDEQ) Division of Water Infrastructure (DWI) was delegated the authority by the state legislature to administer the water and wastewater infrastructure portion of the state grant monies received from the U.S. HUD Small Cities (States) CDBG program by Session Law 2013-360, Section 15.15(a) as amended by Section 5.3 of Session Law 2013-363; and WHEREAS, New Hanover County has need for and intends to implement a construction project described as Scotts Hill Water Main Extension; and WHEREAS, New Hanover County intends to request State grant assistance for the project. NOW THEREFORE BE IT RESOLVED, by the New Hanover County Board of Commissioners that: • New Hanover County, the Applicant, will adopt and place into effect on or before completion of the project a schedule of fees and charges and other available funds which will provide adequate funds for proper operation, maintenance, and administration of the system. • That the Applicant will provide for efficient operation and maintenance of the project on completion of construction thereof. • That County Manager Chris Coudriet, the Authorized Representative, and successors so titled, is hereby authorized to execute and file an application on behalf of the Applicant with the State of North Carolina for a grant to aid in the construction of the project described above. • That the Authorized Representative, and successors so titled, is hereby authorized and directed to furnish such information as the appropriate State agency may request in connection with such application or the project; to make the assurances as contained above; and to execute such other documents as may be required in connection with the application. • That the Applicant has substantially complied or will substantially comply with all Federal, State, and local laws, rules, regulations, ordinances, and funding conditions applicable to the project and to Federal and State grants and loans pertaining thereto. ADOPTED this 3rd day of September, 2024. NEW HANOVER COUNTY William E. Rivenbark, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - September 3, 2024 ITEM: 12- 2 - 1 r Board of Commissioners - September 3, 2024 ITFM• 19- *1 - 1 (I 0. fl I EM D E wc�rH c�x.rrn State of North Carolina Department of Environmental Quality Division of Water Infrastructure (DWI) NEW HANOVER COUNTY PUBLIC HEARING PRESENTATION September 3, 2024 This public hearing on September 3, 2024, is to obtain citizen's views and to allow response to the Scotts Hill Water Main Extension Community Development Block Grant Infrastructure (CDBG- 1) Application. The first public hearing on the proposed project and application was held during the Board of Commissioners meeting on Jule 22, 2024. Approximately $19 million of FY2024 funds will be available for the CDBG-I Fall 2024 Application Funding Round. For fiscal year 2024-25 the CDBG-I funding available is up to S3 million per applicant. This amount is available every three years to non -entitlement municipalities and counties. Applications for funding will be received by Sel3tember 30. 2024. This public hearing will cover the New Hanover County community development needs, development of the proposed activities, and a review of program compliance before the submission of the New Hanover Count` CDBG-I funding application to the state of the North Carolina Department of Environmental Quality (NC DEQ). The New Hanover Count proposes to request funding from NCDEQ'S CDBG-I program for the Scotts Hill Water Main Extension. The proposed project will meet community and housing needs of New Hanover County by supporting community development activities such as infrastructure for drinking water in an area where at least 51% of the beneficiaries are low to moderate income as defined by the U. S. Department of Housing and Urban Development. The project area in the New Hanover County has been determined to have a low and moderate income over 88%. A total of 100% of the CDBG- I funding will be used to benefit Low to Moderate Income (LMI) people. Eligible projects should minimize displacement and provide displacement assistance as necessary. The purpose of the CDBG-I grant program is to improve the quality of life for low to moderate income people by providing a safe, clean environment and clean drinking water through water and sewer infrastructure improvements and extensions of service. The CDBG program can fund a wide variety of community development activities. The State of North Carolina has chosen to fund several activities: water and sewer infrastructure, neighborhood revitalization, COVID-19 related projects, and economic development projects that lead to job creation or retention. The infrastructure program, or CDBG-I program, can fund a range of water infrastructure activities, including, but not limited to the, following: • Projects that resolve water loss in distribution systems. Public Hearing Meeting Presentation NHC Revised July 22, 2024 Board of Commissioners - September 3, 2024 ITEM: 12- 4 - 1 Page 1 DBE nsoatHC r.A yeprsni+r, a aawrz State of North Carolina Department of Environmental Quality Division of Water Infrastructure (DWI) • Projects that extend public water to areas with contaminated wells. • Projects that extend water lines to areas with dry wells. • Projects that assist with low water pressure in public water systems. • Projects that regionalize two or more water systems. • Project that rehabilitates or replaces a water treatment plant. The purpose of New Hanover County's $3 million request is to extend water connection to a project area of 57 parcels composed of primarily low- and moderate -income households. Grant funds would connect 50 households and install infrastructure for an additional 7 parcels that are currently vacant. No household will be displaced, nor will any require temporary relocation assistance because of the proposed project. The estimated total project cost is $4,751,089. The proposed project includes the unincorporated areas of New Hanover County: Stephens Church Road, McIntyre Trail, Foys Trail, and the western part of Creekwood Road. The proposed project will install approximately 3,200 LF of 2" water lines, 3,800 LF of 8" water lines, and 7 fire hydrants along Stephens Church Road, McIntyre Trail, Foys Trail, and Creekwood Road. Public side water service, including tap, service line, and meter box, will be completed for 57 parcels along the above -mentioned roads. Private side water service, including on -site plumbing from meter to home, will be completed for 50 connections along the above -mentioned roads. The proposed project also includes public and private easement/land acquisition, including approximately 1,750 feet of 20-foot-wide public easements, 2,800 feet of 10-foot-wide public easements, and 2,500 feet of 5-foot-wide private easements. The project proposed by the New Hanover County was identified in the Cape Fear Public Utility Authority (CFPUA) Ten Year Capital Improvements Plan, Fiscal Years 2012 to 2021, with funding identified in Fiscal Year 2018. Subsequently, CFPUA dropped extension of water and sewer mains into existing neighborhoods from its CIP unless funded by outside entities. Informal community meetings were held in the project area on January 30, 2024, April 9, 2024, and July 16, 2024, to inform citizens of the potential project, and get feedback from the residents. The range of activities covered by the CDBG-I funds for the Scotts Hill Water Main Extension includes: • Construction • Environmental Review • Engineering Design • Construction Administration and observation • Legal activities • Surveying • Grant Administration Public Hearing Meeting Presentation NHC Revised July 22, 2024 Board of Commissioners - September 3, 2024 ITEM: 12- 4 - 2 Page 2 ., E �wp➢cLW0o9 a - ---... State of North Carolina Department of Environmental Quality Division of Water Infrastructure (DWI) If New Hanover County is awarded a CDBG-I grant, the county is required to adhere to federal procurement requirements and other federal regulations which include: • American with Disabilities Act/Section 504 Survey • Davis -Bacon & Related Labor Acts • Adoption/Submittal of a Citizen's Participation Plan • Adoption/Submittal of an Equal Opportunity Plan • Adoption/Submittal of a Fair Housing Plan • Adoption/Submittal of a Language Access Plan • Adoption/Submittal of a Relocation Assistance Plan • Adoption/Submittal of a Section 3 Plan • Excess Force Provision The State of North Carolina requires that the if the New Hanover County receives CDBG grant funding that the County will certify that they will comply with the requirements of the general displacement and relocation policy for CDBG grant funding. This policy assists low to moderate income people with costs associated with relocation or displacement, should such relocation become necessary due to the project activities. CDBG funds can be used for those costs, if necessary. If no displacement and relocation will occur because of the proposed CDBG grant activity, then the New Hanover County confirms that during this public hearing. In the past, the New Hanover County has applied for and received for the following completed CDBG project: • 2010 CDBG Scattered Site Housi #13-0400 SSH) Prop -ram Residential Reconstruction P The New Hanover Count v will submit its CDBG-I application for the Scotts Hill Water Main Extension by September 30, 2024. The CDBG-I application will be available for review during normal business hours at the New Hanover County Government Center, 230 Government Center Drive, Wilmington, NC 28403. Additional information is available from Assistant County Manager Jessica Loeoer 910-798-7185. Complaints or grievances regarding the subject public hearing should be addressed to the contact person mentioned above within fifteen (15) business days or by September 24�, 2024 and a written response to the written complaints and/or grievances will be sent by the New Hanover County within fifteen (15) business days, where practicable. Public Hearing Meeting Presentation NHC Revised July 22, 2024 Page 3 Board of Commissioners - September 3, 2024 ITEM: 12- 4 - 3 North Carolina Department of Environmental Quality D Q Division of Water Infrastructure �N .� Application for Funding (Last updated: July 2024) ftV 1. General Information Applicant Name County Unique Entity Identifier (UEI) New Hanover County New Hanover F7TLT26MEJEI Project Name Federal Tax ID # PWSID or NPDES # (if applicable) Scotts Hill Water Main Extension 56-6000324 Applicant Type Funding Amount Requested ❑ Municipality ❑ Metropolitan Water/Sewerage District $3,000,000.00 ® County ❑ Non -Profit Water Corporation ❑ Water and Sewer District ❑ Investor -Owned Drinking Water Corporation Total Project Cost ❑ Water and Sewer Authority ❑ Council of Government $4,751,089.00 ❑ Sanitary District El Other (Specify: ) Funding Type(s) Requested Drinking Water or Wastewater Planning L* ❑ Asset Inventory and Assessment (AIA) L► ❑ Merger/Regionalization Feasibility (MRF) Study Construction Project L* ❑ Drinking Water ti ❑ Drinking Water Emerging Contaminants (PFAS project) L* ❑ Wastewater L—► ❑ Wastewater Emerging Contaminants (PFAS project) L* ❑ CWSRF Green Project: stream restoration, stormwater SCM, reclaimed water �—► ® CDBG-Infrastructure (CDBG-I) CDBG-I only : LMI Determination Method: LMI Percentage: ❑ ACS ® Survey 88.03% Acceptance of Funding Offer (for Construction Projects) Please read the Instructions page for details. Most funding available is in the form of low -interest loans. Offers of grant and principal forgiveness (PF) are based on availability and the applicant's eligibility for grants/PF. Please indicate to the Division your willingness to accept a loan and the minimum amount of grant/PF you would accept for this project. The greatest amount of grant/PF available for your application based on eligibility and availability will be offered to your application if selected, even if you are willing to accept less. 1) I am willing to accept a low -interest loan offer for the Funding Amount Requested above. © Yes (stop here) or ❑ No (answer the next question). (Answering "Yes " does not reduce the amount of grant or PF the project will be offered if awarded. The project will be offered any grant or principal forgiveness for which it can receive based on eligibility and availability). 2) I will only accept a funding offer if a minimum of $ is offered as a grant or principal forgiveness (PF). I understand that I will not be offered any funding if the minimum requested grant/PF amount cannot be offered. (In many funding rounds projects will be limited to $500, 000 in PF based on PF availability. Indicating a minimum grant/PF request above $500,000 has a higher likelihood that a potential funding offer would not meet the minimum grant/PF requested and result in the project being bypassed for funding. Applicants should indicate the lowest amount of grant/PF required. Board of Commissioners - September 3, 2024 ITEM: 12- 4 - 4 2. Drinking Water and Wastewater System Parameters (Not applicable for stormwater projects) Residential Sewer Connections Residential Water Connections 68,649 67,648 Non -Residential Sewer Connections Non -Residential Water Connections 6,739 7,135 Monthly Sewer Bill for 5,000 gallons Monthly Water Bill for 5,000 gallons $41.06 $39.91 Service Population Number of individuals directly served, excluding wholesale customers: 157,893 Percentage of Utility Bills Collected and Rate Increase Percentages Year Percentage of Utility Bills Collected Rate Increase Percentage 2023 98.7% 8.50% 2022 98.2% 0% 2021 99.0% 0% 2020 99.6% 0% 2019 99.3% 2.20% 3. Applicant Contact Information (See Instructions regarding the Authorized Representative) Authorized Representative Name: Chris Coudriet Authorized Representative Title: County Manager Mailing Address Line 1: 230 Government Center Drive Mailing Address Line 2: Suite 110 State: NC Zip Code: 28403 Physical Address Line 1: 230 Government Center Drive Physical Address Line 2: Suite 110 Physical Address City: Wilmington Physical Address State: NC Physical Address Zip Code: 28403 Phone Number: 910-798-7184 Email Address: 4. Application Preparer Contact Information Firm Name: Contact Name: Phone Number: Email Address: 5. Engineer Contact Information Is the engineering firm different from the application preparer? Engineering Firm Name: Contact Name: Phone Number: Email Address: Chris.Coudriet@nhcgov.com Insight Planning & Development Christopher Hilbert 910-392-0060 ext. 105 chilbert@insight-pd.com ® Yes ❑ No (skip contact information below) Cape Fear Public Utility Authority Gary McSmith 910-332-6629 Gary.mcsmith@cfpua.org Board of Commissioners - September 3, 2024 ITEM: 12- 4 - 5 New Hanover County CDBG-1 Application Scotts Hill Water Main Extension Section 6 — Project Description Instructions: In this section, provide a brief description of the proposed project in a broad level of detail. Include the project purpose and what the project entails. Descriptions of the work related to the major line items in the Project Budget must be included in the project description. The proposed project will install approximately 3,200 LF of 2" water lines, 3,800 LF of 8" water lines, and 7 fire hydrants along Stephens Church Road, McIntyre Trail, Foys Trail, and Creekwood Road. Public side water service, including tap, service line, and meter box, will be completed for 57 parcels along the above -mentioned roads. Private side water service, including on -site plumbing from meter to home, will be completed for 50 connections along the above -mentioned roads. The proposed project also includes public and private easement/land acquisition, including approximately 1,750 feet of 20-foot-wide public easements, 2,800 feet of 10-foot-wide public easements, and 2,500 feet of 5-foot-wide private easements. Board of Commissioners - September 3, 2024 ITEM: 12- 4 - 6 Project Budget Scotts MIR Water Main Extension Complete the project budget by addressing the categories provided in the table below (Insert rows as needed). Total the cost amount for each line, and provide the total cost amount. Division Funding Other Secured Indicate construction costs by line item Requested" Funding Total Cost Include a more detailed construction cost budget if needed. Source(s)• Amount Construction Cosl� 2-inch water main (3,226 feet @ $200/foot) $251,178 $394,022 $645,200 &inch water main (3,779 feet ® $500/foot) $1,889,500 $0 $1,889,500 Fire Hydrant Assemblies (7 Qa $18,000 each) $126,000 $0 $126,000 Public side water service, (Tap, Service Line and Meter Box) (57 @ $2,239 ea) $o $127,623 $127,623 System Development Charges, Meter Set Fee, and New Svc Charge (50 Q $0 $2,640 ca.) $132,000 $132,000 Private side water service (On -site plumbing from Meter to Home (50 (o) $0 $3,000 ea.) $150,000 $150,000 Private side off -site plumbing through private easement across intervening property, including $0 easement (9 (a) $3.000) $27,000 $27,000 Contingency(20%%ofconslruclion-1s)r: $0 $600,028 $600,028 ContrracdonSubindak $2,266,678 $1.430,673 S3,697,351 Fauia4S37AP. Casts Fngmeeing Design and Constnuaon Administration (15% ofcortstniction $388,322 costs) $126,000 $514,322 Land Sutrveymg Cost $40,000 $0 $40,000 Permitting $5,000 $0 $5,000 $559,322 Erglaeerin81: 5433,322 $126,000 Administration Costs Planning (pre -construction costs) $0 Public Easement/Land Acquisition Casts, 26-foot-wide public a memems (1,757 feet Qa $0 $I0/foot) $0 $o $17,570 $17,570 Public Easement/Land Acquisition Costs, I0-foot-wide public easements (2,776 feet ® $Q $5/foot) $13,880 $13,880 Private Easement/Land Acquisition Costs, 5-foot-wide private easement (2,472 feet @ $(1 $2.5060ct) $6,180 $6,180 Engkccring Report Preparation $0 $73,185 $73,185 Environmental Documentation Preparation (if applicable) $0 $83,601 $83,601 IX0 tests $0 $0 $0 Project Funding Adminisration (Grant Administration) $300,000 $0 $300,000 AdrniaiatrullonSlabtold: $300,000 $194,416 $494,416 TOTAL FUNDING REQUESTED AND FROJECTCOST:1 $3,000,0001 $1,751,089 $4,751,089 1% rrorcnrona, nagmeer mar, 1gMP4gt6 WM sate ror we estmtate nwa ve ammmrm in the space to the right for the application to be considered complete. (Note: If not using DocuSign to seal and sign the budget, put the se"gtaitme on the word doeumertt or use a wet seaUsimhuee with a scan of the wet seaUsigrunature.) *Division Funding Requested limited to $3,000,000. CARP Q /9/sm SEAL 026517 _ Board of Commissioners - September 3, 2024 ITEM: 12- COMMITMENT OF OTHER FUNDS FORM Community Development Block Grant -Infrastructure (CDBG-1) Program Legal Name of Applicant / Unit: New Hanover County County: New Hanover Mailing Address: 230 Government Center Drive, Suite 110 Street Address: 230 Government Center Drive, Suite 110 City: Wilmington State: NC Zip: 28403 Project Title: Scotts Hill Water Main Extension Indicate the sources, amounts and dates of availability (use abbreviation table below to complete 'Source' column). Clearly identify the sources of Private and Other funds. Provide a copy of correspondence indicating commitment of these funds with the application. Source (Use Abbreviations Below) Grant or Date Loan? $ Amount Available New Hanover County Funds from the Applicant: $1,751,089 9-3-24 Federal Funds: State Funds: Private Funds (clearly identify): Other (clearly identify): Amount of this Grant Request: CDBG-I Grant $3,000,000 TOTAL PROJECT FINANCING: $ $4,751,089 ABBREVIATIONS TABLE (for'SOURCE' column above) Federal Sources Abbrev. State Sources Abbrev. Appidc-chian Regional Commission ARC NCDFQ, Diinl int V., ,t« i SRF DW-SRF Fconomic Developnient Adniini,tration EDA NCDFQ, Clean VtIatei-SRF CW-SRF US Del artment of PLriculture USDA Corrimunity Devcloprncnt Blod Giant CDBG DirrctItderalappropriiition DFA Golden ILai Foundation GOLD-LF SIGNATURE OF CHIEF ELECTED OFFICIAL/AUTHORIZED REPRESENTATIVE DATE TYPED NAME TYPED TITLE CDBG-I Page 1 Board of Commissioners - September 3, 2024 ITEM: 12- 4 - 8 CDBG-1 Project Resolution and Form for Certification or Attestation by the Recording Officer Required for Applications for Funding for: • CDBG-Infrastructure applications only Requirements At a minimum, the resolution must include all of the followin ;: • Project Name(s): Put project name(s) as shown in application. • All Authorized Representatives must be individually named at least by title but preferably by name in the resolution. DO NOT use the name of the local government unit itself. • A signature on the resolution by the Chief Executive Officer. If the Mayor or Mayor Pro -Term or other Chief Executive Officer is identified as the Authorized Representative, they CANNOT sign the resolution. • Either: o Form for Certification by the Recording Officer (on the second page) completed and attached to the resolution as shown in the template below; OR o An attestation by the Clerk/Recording Officer that the resolution has been adopted. *** The Resolution and the Form for Certification or Attestation by the Recording Officer MUST be included in the Application Package *** The following is a suggested format for the project resolution. Fill out the yellow -highlighted areas with appropriate text. Board of Commissioners - September 3, 2024 ITEM: 12- 4 - 9 FORM FOR CERTIFICATION BY THE RECORDING OFFICER The undersigned duly qualified and acting (County Manager) of the (New Hanover County) does hereby certify: That the above/attached resolution is a true and correct copy of the resolution authorizing the filing of an application with the State of North Carolina, as regularly adopted at a legally convened meeting of the (New Hanover County Board of Commissioners) duly held on the 3'd day of September, 2024; and, further, that such resolution has been fully recorded in the journal of proceedings and records in my office. IN WITNESS WHEREOF, I have hereunto set my hand this day of , 20 (Signature of Recording Officer) (Title of Recording Officer) Note: an Attestation by the Clerk/Recording Officer may be used in lieu of the Form for Certification by the Recording Officer. Board of Commissioners - September 3, 2024 ITEM: 12- 4 - 10 OJECTT• �' L''-w�'`.r.-ram.. Po E r . WN EXISTING PUMPNOUSE SUMMARY P, (f' With the exception of a few residents where adjacent development has provided access to water, the original Scotts Hill neighborhoods of New Hanover County have not been served by public water. The proposed Scotts Hill Water Main extension will provide the entire Scotts Hill and Creekwood neighborhood (on both sides of NC Highway 17) with safe drinking water. Board of Commissioners - September 3, 2024 ITEM: 12- 4 - 12 SUMMARY Fifty-seven (57) existing homes will be connected utilizing both CDBG-1 and County funds. New Hanover County residents using private wells have suffered from insufficient well water, some of which is contaminated, and mostly provides discoloration within their homes. It also has a bad smell and taste as documented in the unit surveys. All residents within the project area have completed a survey and requested public water. EXISTING WATER STATION Board of Commissioners - September 3, 2024 ITEM: 12- 4 - 13 EXISTING INTERIOR CONDITIONS MM4 Board of Commissioners - September 3, 2024 ITEM: 12- 4 - 14 THE SOLUTION EXISTING PUMPHOUSE Cape Fear Public Utility Authority (CFPUA) is a project partner with New Hanover County on this project. CFPUA has existing customers in the Scotts Hill area, most of which has been or is being developed privately. CFPUA is committed to providing the engineering and implementation expertise to obtain necessary easements, surveying, permits IF the project is funded. 0 Seven (7) fire hydrants are also proposed to be installed as part of this project, which will help reduce fire insurance rates for these low -to - moderate income (LM I ) neighborhoods. =='iti'�`` •''`' ~ �Approximately 90%of the residents ,�.�•�dents in the project area fall under the LMI B jard-of Commissioners - September 3, 2024 . ITEM: 12- 4 - 15 category. NOTICE OF PUBLIC HEARING RELATIVE TO APPLICATION BY NEW HANOVER COUNTY FOR FUNDING UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED Notice is hereby given that the New Hanover County will conduct a public hearing on September 3, 2024 at 4:00 PM, or as soon thereafter as the agenda will allow, at the New Hanover County Courthouse, 24 North 3rd Street, Room 301, Wilmington, NC 28401 relative to the intention of the County to apply for FY 2025 Community Development Block Grant -Infrastructure (CDBG-I) funding under Title I of the Housing and Community Development Act. New Hanover County intends to submit an application for a grant of approximately $3,000,000 in CDBG Infrastructure funds for the proposed Scotts Hill Water Main Extension. The proposed project will install approximately 3,200 LF of 2" water lines, 3,800 LF of 8" water lines, and 7 fire hydrants along Stephens Church Road, McIntyre Trail, Foys Trail, and Creekwood Road. Public side water service, including tap, service line, and meter box, will be completed for 57 parcels along the above -mentioned roads. Private side water service, including on -site plumbing from meter to home, will be completed for 50 connections along the above -mentioned roads. The proposed project also includes public and private easement/land acquisition, including approximately 1,750 feet of 20- foot-wide public easements, 2,800 feet of 10-foot-wide public easements, and 2,500 feet of 5-foot- wide private easements. A map of the project area showing these proposed improvements will be available during the public hearing. The following is a tentative list of proposed activities and an estimated budget: Infrastructure Improvements, Engineering Costs, and Grant Administration Estimated Budget $4,751,089 The proposed project will provide benefits to households, where at least 51 % of whom are low- and moderate -income individuals based on the local area median income (LMI) percentage of the County and an income survey of the proposed project area performed by Insight Planning & Development. No individuals will be displaced, nor will any require temporary relocation assistance as a result of the proposed project. Citizens will be given the opportunity to provide oral and written comments on the New Hanover County's past and proposed use of CDBG funds at the public hearing. All interested citizens are encouraged to attend. If additional information is needed, please contact Jessica Loeper Assistant County Manager 910- 798-7185. Formal written complaints or comments concerning the application process that are submitted to the Assistant County Manager prior to or following the public hearing will be responded to within fifteen (15) working days by the County Manager. A copy of the completed project application will be available for public review after September 3, 2024, at the New Hanover County Government Center, 230 Government Center Drive, Wilmington, NC 28403. Persons with disabilities or who otherwise need assistance should contact Clerk to the Board of Commissioners, at (910) 798-7149, or kcrowell@nhcgov.com, (TDD #711) or Relay North Carolina (800-735-2962) by 12:00 PM on August 28, 2024. Accommodations will be made for all who request assistance with participating in the public hearing. This information is available in Spanish or any other language upon request. Please contact Clerk to the Board of Commissioners, at (910) 798-7149, or at the New Hanover County Government Center at 230 Government Center Drive, Wilmington, NC 28403 for accommodations for this request. Board of Commissioners - September 3, 2024 ITEM: 12- 4 - 16 Esta informacion esta disponible en espanol o en cualquier otro idioma bajo peticion. Por favor, pongase en contacto con el Gobierno del Condado de New Hanover at 910-798-7000 o en 230 Government Center Drive, Wilmington, NC 28403 para ayuda con esta solicitud. 12y EQUAL HOUSING - OPPORTUNITY Board of Commissioners - September 3, 2024 ITEM: 12- 4 - 17 Scotts Hill Water Main Extension ''S CSC .:4 a a #* Leland City of Wilmington Hampstead Project Location Approximate i Scott's Hill Area � I t Wrightsville Beach Old Town LOW TO MODERATE INCOME BY BLOCK GROUP 'im New Hanover County, NC Kendall Chapel Coolvale State of North Carolina DOT, Esri, TomTom, Garmin, SafeGraph, GeoTechnologles, Inc, METI/NASAE,USGS, EPA, NPS, USDA, USFWS Count of Low and Moderate Income Persons By Block Group 0.0 Carolina Beach 3,200 Boundaries Incorporated Areas Kure O New Hanover County Beach Data Sources: HUD Open Data, 2011-2015 American Community Survey (ACS), 2010 Census Scale: Center. 77°52'W 34°9'45"N 1 1:130,000 Immissioners - September 3, 2024 Miles ITEM: 12- 4 - 18 Scotts Hill Water Main Extension Navassa Leland Coolvate State of North Carolina DOT, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASX USGS, EPA, NIPS, USDA, USFWS r City of Wilmington V N A-:. Hampstead Project Location . Approximate Scott's Hill Area t ' • Wrightsville Beach °,d,-°"" LOW TO MODERATE INCOME BY CENSUS TRACT New Hanover County, NC Kendall Count of Low and Moderate Chapel Irvi Income Persons By Census Tract 275 b Carolina Beach 5550 Boundaries C Incorporated Areas Kure O New Hanover County Beach Data Sources: HUD Open Data, 2011-2015 American Community Survey (ACS), 2010 Census 5 Scale: of C&i1Wrsgi'6Ag'r\6V3gg'0f4Mbe 1:130,000 ITEM: 12- 4 - 19 Miles ROY COOPER Governor ELIZABETH S. BISER Secretary SHADI ESKAF NORTH CAROLINA Director Environmental Quality To: Local Government Officials and Interested Parties From: Colleen M. Simmons, AICP, CPM, Program Manager, CDBG-Infrastructure (CDBG-1) Unit, Division of Water Infrastructure, North Carolina Department of Environmental Quality Date: July 22, 2024 Subject: FY2024 CDBG-Infrastructure (CDBG-I) Program Administratine Agency: Division of Water Infrastructure (DWI), CDBG-I Unit Department of Environmental Quality 512 N. Salisbury St, Raleigh 27604 1633 Mail Service Center, Raleigh 27699-1633 Program Description: The CDBG-I Program is designed to help a non -entitlement municipality or county to create a healthy living environment through financing public water and sewer infrastructure; and mitigate public and environmental health problems in areas where the percentage of low -to -moderate (LMI) income persons is at least 51 % LMI. EhEibilit% for Funding:_ Only non -entitlement communities (those local governments that do not receive direct appropriation of HUD CDBG funds) are eligible to receive these State CDBG funds. Applications must be complete and meet the national objective of benefiting at least 5 1 % low -to -moderate income (LMI) persons to be eligible for funding. Single purpose units of government (i.e., water/sewer authorities) must work with local governments on projects as a subrecipient. They cannot be the applicant. If a local government is served by a single purpose unit of government, they may apply for a grant to replace, repair, or up -grade or extend infrastructure owned by a single purpose unit of government. Source of Funding: State (Small Cities) Community Development Block Grants (CDBG) U.S. Department of Housing and Urban Development D_ ENorth� Carolina Department of Environmental Quality I Division of Water InfrastruQct 512 N. Salisbury Street 1 1633 Mail Service Center I Raleigh, North Carolina 27699-1 = dram�ara 9.70791bo An Equal Opportunity/ Affirmative Action Employer Board of Commissioners - September 3, 202r4qual Housing Opportunity ITEM: 12- 4 - 20 CDBG-I Program NOFA July 22, 2024 Page 2 of 2 Grant Amounts: The maximum CDBG-I award per applicant is $3 million every three years. There is no minimum grant amount. There is no local match requirement. All awarded applicants are held to a 36-40-month grant period to start and complete their project. Total Fundiny- Available: Approximately $19 million of FY2024 funds will be available for the CDBG-I Fall 2024 Application Funding Round. 2024 Updates: The changes to the FY2024 program: • HUD released 2024 Income limits (effective 5/1/24) and 2024 Income Limits (for survey activities) and Low- and Mod - income Summary Data (for area wide activities) based on 2026- 2020 ACS (effective 8/1/24) available from HUD. This new data must be used, unless you have valid income survea,s done already. • Final edits to the CDBG-I Program Priority Rating System Guidance document, and relevant program documents will be shared on the website by July 29, 2024. Application Due Date: Applications are due no later than 5:00 p.m. on September 30, 2024. For Additional Information: Visit Division website at: htti2s:Hdeg.nc.gov/about/divisions/water- infrastructure/i-need-fundin g/a lication-forms-and-additional- resources Contact Colleen Simmons at 704-235-2202 or 919-441-9378 (cell) or via email at colleen.simmonsndeq.nc.go� Board of Commissioners - September 3, 2024 ITEM: 12- 4 - 21 CDBG-1 Application FY25 Scotts Hill Water Main Extension Public Hearing #2 Theo McClammy Housing Program Manager Board of Commissioners - September 3, 2024 ITEM: 12- 5 - 1 Hearing Purpose • Present the proposed application • Receive citizen comments • Provide information about the CBG-I Program that is required by the funding agency, the N. C. Department of Environmental Quality (DEQ) • Request Board of Commissioners consideration of the application Board of Commissioners - September 3, 2024 ITEM: 12- 5 - 2 Project Background • The Scotts Hill community has reported poor well water quality and has requested assistance to resolve ongoing water quality concerns • Staff working with Cape Fear Public Utility Authority and Insight Planning & Development to pursue a grant from the Community Development Block Grant -Infrastructure (CDBG-I) Program that would provide partial funding to bring public water to the Scotts Hill area by extending the main water lines • $3 million grant application Board of Commissioners - September 3, 2024 ITEM: 12- 5 - 3 Citizen Engagement January 30, 2024 April 9, 2024 July 16, 2024 Informed of the potential project and received feedback Residents voted to request water connection to CFPUA & participated in a community survey Water station installed Board of Commissioners - September 3, 2024 ITEM: 12- 5 - 4 Application • To install water connection infrastructure for 57 parcels and to make connections to 50 residential dwellings, currently 7 parcels/houses are currently vacant • Project budget $4.7 million approximately - $3 million grant request • Applicant is asked to consider making a commitment of other funds if the application is approved • Application due September 30, 2024 • Decision in February 2025 Board of Commissioners - September 3, 2024 ITEM: 12- 5 - 5 Projec t Area V P, ♦ h6 ♦• V • •• �/' P P P aoo Aso a aoo eao 1 Inch = 3nO Feet sn 2rza2a Sensitive Public Security Information Non- Releasahle per NCGS 132 1 7 This data is from GIS sources. The accuracy can not be guaranteed and should not take the place of afield survey. Doti crew ed- osr arza �a�� uaa d. ertsrzoza s,r,�mantEng�M,Engnaar=,�no, �a we woe'°' ,on�d A„'a • Uacan[UnRs • � � • Potential N!a[er Mains - Water Malns Prolec[Area Parcels M Scotts Hill Water Main Extension \.m IIIIIIIIIIIIIIIIIIIIIIIIICape Fear ._,. Public U11111v Authority Board of Commissioners - September 3, 2024 ITEM: 12- 5 - 6 Project Area Floodplah Map Scotts Hill Water Main Extension Flood Plain Delineation III r - 1 .I Roads FEMA Flood Hazards 2018 0 1,000 2,000 O Study Area 0.2 PCT ANNUAL CHANCE FLOOD HAZARD Feet Parcels AE Created 8/16/2024 Board of Commissioners - September 3, 2024 ITEM: 12- 5 - 7 Project Description The proposed project will install approximately 3,200 LF of 2" water lines, 3,800 LF of 8" water lines, and 7 fire hydrants along Stephens Church Road, McIntyre Trail, Foys Trail, and Creekwood Road. Public side water service will include tap, service line, and meter box. Private side water service will include on -site plumbing from meter to home. The proposed project also includes public and private easement/land acquisition, including approximately 1,750 feet of 20-foot-wide public easements, 2,800 feet of 10-foot-wide public easements, and 2,500 feet of 5-foot-wide private easements. Board of Commissioners - September 3, 2024 ITEM: 12- 5 - 8 CDBG-1 Required Announcements • Purpose and Funding Available • Types of Projects • Activities • Previous Experience • Compliance Board of Commissioners - September 3, 2024 ITEM: 12- 5 - 9 CDBG-1 Purpose and Funding Available • To improve the quality of life for low to moderate income people by providing a safe, clean environment and clean drinking water. • Projects must be built in well-defined communities where 51% of the residents are low- and moderate -income. • $19 million is available to non -entitlement communities. • Non -entitlement municipalities may apply for up to $3 million every three years. Board of Commissioners - September 3, 2024 ITEM: 12- 5 - 10 Types of CDBG-1 Water Projects Projects that: • Resolve water loss in distribution systems • Extend public water to areas with contaminated wells • Extend water lines to areas with dry wells • Assist with low water pressure in public water systems • Regionalize two or more water systems • Rehabilitate or replace a water treatment plant Board of Commissioners - September 3, 2024 ITEM: 12- 5 - 11 Activities Covered by CDBG-1 Funds • Construction • Environmental Review • Engineering Design • Construction Administration and Observation • Legal Activities • Surveying • Grant Administration Board of Commissioners - September 3, 2024 ITEM: 12- 5 - 12 Hanover Coun CDBG-1 Past Experience 2010 CDBG Scattered Site Housing (SSH) Program Reconstruction Project #13-0400 Board of Commissioners - September 3, 2024 ITEM: 12- 5 - 13 CDBG-1 Compliance •Grant recipients are required to adhere to federal procurement requirements and other federal regulations • Displacement and relocation assistance, if needed • Grant recipients must comply with the requirements of the general displacement and relocation policy for CDBG grant funding, which includes assisting low to moderate income individuals with costs associated with relocation or displacement. Board of Commissioners - September 3, 2024 ITEM: 12- 5 - 14 CDBG-1 Application Timeline April 9 Second community meeting with Scotts Hill residents to discuss CDBG-I grant application option; consultant launches household survey collection January 30 First community meeting with Scotts Hill residents to discuss water quality issues April -May Community Survey July 16 Third Community Meeting & Scotts Hill Water Station Opening NMCape Fear Public Utility Authority July 22 Public Hearing#1 September 3 Public Hearing #2 INSIGHT PLANNING + DEVELOPMENT September 30 Application Deadline February 2025 NC DEQ announces funding awards Board of Commissioners - September 3, 2024 ITEM: 12- 5 - 15 Summary and Key Considerations • Elected Body Decision to Apply • Project Budget • Commitment of Other Funds • CDBG-1 Project Resolution Board of Commissioners - September 3, 2024 ITEM: 12- 5 - 16