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Agenda 01-06-2025
NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 Government Center Drive, Suite 175, Wilmington, NC 28403 P: (910) 798-7149 1 F: (910) 798-7145 1 NHCgov.com Bill Rivenbark, Chair I LeAnn Pierce, Vice -Chair Dane Scalise, Commissioner I Stephanie A.C. Walker, Commissioner I Rob Zapple, Commissioner JANUARY 6, 2025 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 John Haynes, Greater Love Chapel Church) PLEDGE OF ALLEGIANCE (Commissioner Rob Zapple) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Approval of November 2024 Tax Collection Reports 3. First Reading: Approval of Solid Waste Franchise Agreement for Valor Waste Services, LLC 4. Conveyance of County property interest to City of Wilmington for public sale 5. Adoption of a Resolution of Support for the Wilmington Metropolitan Planning Organization's Resilience Improvement Planning Grant Application 6. Adoption of Last Frontier and Blue Clay Business Park State Budget Grants Resolutions and Budget Amendment ESTI MATED MINUTES REGULAR AGENDA ITEMS OF BUSINESS 10 7. Consideration of Resolution supporting a High Hazard Classification for Lot Clearing Burns in New Hanover County 10 8. Consideration of Two Construction Contract Awards Related to the Last Frontier Infrastructure Project 45 9. Public Hearing Rezoning Request (Z24-21) — Request by Cindee Wolf with Design Solutions, applicant, on behalf of Catherine Scanlon, Steven and Katherine Tylee, and Raimond and Kelly Struble, property owners, to rezone approximately 0.28 acres located at 1040 and 1050 S. Seabreeze Road from the B-2, Regional Business District to a general use R-5, Residential Moderate -High Density District and to rezone approximately 0.10 acres located at 1054, 1056, and 1068 S. Seabreeze Road from B-2 to a general use R-15, Residential District. Board of Commissioners - January 6, 2025 45 10. Public Hearing Rezoning Request (Z24-14) — Request by Cindee Wolf with Design Solutions, applicant, on behalf of Polly Cribb and Shirly Norris, property owners, to rezone approximately 2.67 acres located at 6208, 6216, and 6218 Carolina Beach Road from the R-15, Residential and the B-2, Regional Business districts to (CZD) B-2 for the use of Retail Sales, General for a grocery store, and other limited uses. 45 11. Public Hearing Rezoning Request (Z24-11) — Request by Douglas Brandon Paluck with P&P Enterprises, applicant and property owner, to rezone approximately 0.41 acres of a 0.82-acre parcel located at 5406 Castle Hayne Road from the R-15, Residential District to the (CZD) B-2, Regional Business District for the use of Bar / Nightclub, Retail Sales, General and Outdoor Recreation Establishment. 45 12. Public Hearing Text Amendment Request (TA24-05) - Request by New Hanover County Planning & Land Use to amend Table 5.1.2.A, Section 5.4.5, Section 5.4.6, Section 2.3, Section 4.3.2, and Table 4.2.1 of the New Hanover County Unified Development Ordinance (UDO) related to Accessory Dwelling Units, parking ratios for warehouses, parking lot landscaping, street -yard requirements, and mixed -use residential development PUBLIC COMMENTS (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 generations to come. Shared Values Professionalism - Equity- Integrity- Innovation - Stewardship- Accountability Board of Commissioners - January 6, 2025 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/6/2025 Consent DEPARTMENT: Governing Body PRESENTER(S): Kym Crowell, Clerk to the Board CONTACT(S): Kym Crowell SUBJECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the following meeting: Agenda Review held on December 12, 2024 Closed Session held on December 12, 2024 Regular Meeting held on December 16, 2024 STRATEGIC PLAN ALIGNMENT: Good Governance o Effective County Management ■ I ncrease transparency and awareness about county actions RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approve minutes. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - January 6, 2025 ITEM: 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/6/2025 Consent DEPARTMENT: Tax PRESENTER(S): Allison Snell, N HC Tax Administrator CONTACT(S): Allison Snell SUBJECT: Approval of November 2024 Tax Collection Reports BRIEF SUMMARY: N CGS 105-350 requires the Tax Collector to submit a report showing the amount of taxes collected. The report for November 2024 in comparison to November 2023 is as follows: New Hanover County November 2024 November 2023 Real Property 56.72% 55.95% Personal Property 29.05% 32.26% Motor Vehicle 100.00% 100.00% Overall Collection Rate 55.96% 55.95% Total Collected YTD $120,307,590.20 $116,755,932.74 New Hanover County Debt Service November 2024 November 2023 Real Property 56.65% 56.41% Personal Property 28.31% 32.01% Motor Vehicle 100.00% 100.00% Overall Collection Rate 55.85% 56.06% Total Collected YTD $5,913,105.13 $6,628,130.16 Grand Total Collected YTD $126,220,695.33 $123,384,062.90 New Hanover County Fire District November 2024 November 2023 Real Property 64.27% 64.25% Personal Property 27.21% 34.73% Motor Vehicle 100.00% 100.00% Overall Collection Rate 62.47% 63.13% Total Collected YTD $8,723,019.24 $8,570,793.13 STRATEGIC PLAN ALIGNMENT: Board of Commissioners - January 6, 2025 ITEM: 2 • Good Governance o Strong Financial Performance ■ Proactively manage the county budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the reports. ATTACHMENTS: No\ember 2024 EOM-NH1 No\ember 2024 EOM-NH2 No\ember 2024 EOM-NH3 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - January 6, 2025 ITEM: 2 New Hanover Countv Monthly Collection Report for November 2024 Current Year 2024-2025 Real Estate Personal Property Motor Vehicles Combined Scroll/Billed $ 192,824,460.50 $ 15,749,558.12 $ 6,322,677.56 $ 214,896,696.18 Abatements $ (63,720.25) $ (66,584.85) $ $ (130,305.10) Adjustments $ 30,411.08 $ 107,975.60 $ $ 138,386.68 Total Taxes Charged $ 192,791,151.33 $ 15,790,948.87 $ 6,322,677.56 $ 214,904,777.76 Collections to Date $ 109,505,091.17 $ 4,600,582.31 $ 6,322,677.56 $ 120,428,351.04 *Refunds $ 162,367.92 $ 15,220.20 $ $ 177,588.12 Write-off $ 106.00 $ 1,439.55 $ $ 1,545.55 Outstanding Balance $ 83,448,322.08 $ 11,204,147.21 $ $ 94,652,469.29 Collection Percentage 56.72 29.05 100.00 55.96 YTD Interest Collected $ 13.47 $ - $ 56,813.81 $ 56,827.28 Total 2024-2025 Collections YTD $ 120,307,590.2C Prior Years 2014-2023 Real Estate Personal Property Motor Vehicles Combined $ 1,547,619.81 $ 3,986,566.26 $ 4,935.81 $ 5,539,121.88 Scroll Abatements $ (912.13) $ (37,077.95) $ - $ (37,990.08) Adjustments $ 1,105.70 $ 49.02 $ - $ 1,154.72 Total Levy $ 1,547,813.38 $ 3,949,537.33 $ 4,935.81 $ 5,502,286.52 Collections to Date $ 383,481.51 $ 75,856.41 $ - $ 459,337.92 *Refunds $ 25,787.74 $ 12,383.41 $ - $ 38,171.15 Write-off $ 35,444.04 $ 485,455.42 $ 4,714.71 $ 525,614.17 Outstanding Balance $ 1,154,675.57 $ 3,400,608.91 $ 221.10 $ 5,606,733.92 YTD Interest Collected $ 69,545.94 $ 19,467.15 $ - $ 89,013.09 Total Prior Year Collections YTD 510,179.86 Grand Total All Collections YTD $ 120,817,770.06 *Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - January 6, 2025 ITEM: 2 - 1 - 1 New Hanover County Fire District Monthly Collection Report for November 2024 Current Year 2024-2025 Real Estate Personal Property Motor Vehicles Combined Scroll/Billed $ 12,269,572.80 $ 1,160,989.80 $ 514,440.06 $ 13,945,002.66 Abatements $ (3,402.95) $ (2,877.78) $ (6,280.73) Adjustments $ 1,238.26 $ 16,581.75 $ 17,820.01 Total Taxes Charged $ 12,267,408.11 $ 1,174,693.77 $ 514,440.06 $ 13,956,541.94 Collections to Date $ 7,884,595.48 $ 319,488.90 $ 514,440.06 $ 8,718,524.44 *Refunds $ - $ 51.43 $ 51.43 Write-off $ 19.07 $ 148.62 $ 167.69 Outstanding Balance $ 4,382,793.56 $ 855,107.68 $ - $ 5,237,901.24 Collection Percentage 64.27 27.21 100.00 62.47 YTD Interest Collected $ 2.28 $ - $ 4,543.95 $ 4,546.23 Total 2024-2025 Collections YTD $ 8,723,019.24 Prior Years 2014-2023 Real Estate Personal Property Motor Vehicles Combined Scroll $ 109,535.20 $ 219,233.36 $ 316.74 $ 329,085.30 Abatements $ - $ (756.76) $ - $ (756.76) Adjustments $ - $ 8.35 $ - $ 8.35 Total Levy $ 109,535.20 $ 218,484.95 $ 316.74 $ 328,336.89 Collections to Date $ 29,208.24 $ 5,943.19 $ - $ 35,151.43 *Refunds $ 114.58 $ 22.58 $ - $ 137.16 Write-off $ 2,336.16 $ 27,258.02 $ 316.74 $ 29,910.92 Outstanding Balance $ 78,105.38 $ 185,306.32 $ - $ 323,233.54 YTD Interest Collected $ 4,909.58 $ 1,236.74 $ - $ 6,146.32 Total Prior Year Collections YTD 41,297.75 Grand Total All Collections YTD $ 8,764,316.99 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - January 6, 2025 ITEM: 2 - 2 - 1 New Hanover County Debt Service Monthly Collection Report for November 2024 Current Year 2024-2025 Real Estate Personal Property Motor Vehicles Combined Scroll/Billed $ 9,437,923.52 $ 809,496.29 $ 334,213.03 $ 10,581,632.84 Abatements $ (3,125.28) $ (3,261.82) $ - $ (6,387.10) Adjustments $ 1,488.69 $ 5,285.51 $ - $ 6,774.20 Total Taxes Charged $ 9,436,286.93 $ 811,519.98 $ 334,213.03 $ 10,582,019.94 Collections to Date $ 5,345,875.89 $ 230,110.77 $ 334,213.03 $ 5,910,199.69 *Refunds $ 25.83 $ 409.03 $ 434.86 Write-off $ 7.46 $ 70.64 $ 78.10 Outstanding Balance $ 4,090,429.41 $ 581,747.60 $ - $ 4,672,177.01 Collection Percentage 56.65 28.31 100.00 55.85 YTD Interest Collected $ 1.22 $ - $ 3,339.08 $ 3,340.30 Total 2024-2025 Collections YTD $ 5,913,105.13 Prior Years 2014-2023 Real Estate Personal Property Motor Vehicles Combined Scroll $ 126,364.62 $ 348,163.53 $ - $ 474,528.15 Abatements $ (60.28) $ (3,819.63) $ (3,879.91) Adjustments $ 102.71 $ 2.76 $ 105.47 Total Levy $ 126,407.05 $ 344,346.66 $ - $ 470,753.71 Collections to Date $ 27,253.70 $ 4,444.61 $ - $ 31,698.31 *Refunds $ 93.60 $ 114.63 $ - $ 208.23 Write-off $ 0.52 $ 0.87 $ - $ 1.39 Outstanding Balance $ 99,246.43 $ 340,015.81 $ - $ 439,265.02 YTD Interest Collected $ 5,914.13 $ 1,740.91 $ - $ 7,655.04 Total Prior Year Collections YTD $ 39,145.12 Grand Total All Collections YTD $ 5,952,250.25 *Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - January 6, 2025 ITEM: 2 - 3 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/6/2025 Consent DEPARTMENT: County PRESENTER(S): Kemp Burpeau, N HC Senior Deputy County Attorney and Joe Attorney Suleyman, Recycling & Solid Waste Director CONTACT(S): Kemp Burpeau and Joe Suleyman SU BJ ECT: First Reading: Approval of Solid Waste Franchise Agreement for Valor Waste Services, LLC BRIEF SUMMARY: New Hanover County requires a county -issued franchise to collect solid waste. Pursuant to County Ordinance 44.55, the applicant has submitted information regarding their business organization, equipment, personnel, and financial responsibility. The Recycling & Solid Waste Director has no objections to the franchise request. The proposed franchise period would be seven years. The county currently maintains 27 active franchise agreements. All franchise agreements now include the following requirement: If the franchisee provides curbside collection services, they must also offer customers a curbside recycling option. Staff has reviewed the application solely for compliance with the County Code. Prospective customers must independently determine the suitability of the provider and services. STRATEGIC PLAN ALIGNMENT: • Good Governance o Effective County Management ■ Increase transparency and awareness about county actions RECOMMENDED MOTION AND REQUESTED ACTIONS: Authorize the first reading of the franchise award. This matter will then be placed on the next agenda for the second approval required for final franchise award. Upon award, the company will provide Certificates of Insurance, agree not to bring outside waste into the county and to haul all waste to a county designated facility, if required by law. ATTACHMENTS: Agreement COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved and scheduled second reading at the next regular meeting 5-0. Board of Commissioners - January 6, 2025 ITEM: 3 New Hanover County Contract # 25-0329 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 202 , by and between NEW HANOVER COUNTY, North Carolina, a political subdivision of the State of North Carolina, hereinafter called "County" and VALOR WASTE SERVICES, LLC, a North Carolina Limited Liability Company, with its principal mailing address 1388 Bell Williams Road, Burgaw, NC, 28425, 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 - January 6, 2025 ITEM: 3 - 1 - 1 New Hanover County Contract # 25-0329 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 - January 6, 2025 ITEM: 3 - 1 - 2 New Hanover County Contract # 25-0329 Commissioners creating an exclusive franchise system for residential solid waste collection in the unincorporated County. 14. Non -Waiver of Rights. It is agreed that County's failure to insist upon the strict performance of any provision of this agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any rights under this agreement. 15. Equal Opportunity. In connection with the performance of this agreement, Operator agrees not to discriminate against any employee or applicant for employment because of race, religion, color, sex, age, disability, or national origin. 16. Entire Agreement. This agreement constitutes the entire understanding of the parties with regard to the provision of solid waste collection and disposal. No modification of rescission of this agreement shall be effective unless evidenced by a writing signed by both parties to this agreement. 17. E-Verify Compliance. Operator shall fully comply with the U.S. Department of Homeland Security employee legal status E-Verify requirements for itself and all its subcontractors. Violation of the provision, unless timely cured, shall constitute a breach of contract. IN WITNESS THEREOF, the parties have hereunto set their hands and seals by authority duly given on the day and year first above written. ATTEST: Secretary VALOR WASTE SERVICES, LLC President (SEAL) Board of Commissioners - January 6, 2025 ITEM: 3 - 1 - 3 New Hanover County Contract # 25-0329 STATE OF COUNTY 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 VALOR WASTE SERVICES, LLC, a North Carolina Limited Liability Company, and that by County duly given and as the act of the corporation, the foregoing instrument was signed and sealed in its name by its Member/Manager. WITNESS my hand and official seal, this day of , 2024. Notary Public My Commission Expires [SEAL] New Hanover County digital signature page attached hereto and incorporated herein by reference. Board of Commissioners - January 6, 2025 ITEM: 3 - 1 - 4 Exhibit A A IIFWS ,�o>_�atege�.eee Reid Dressler (919) 634-8010 reid@valorwasteservices.com 1388 Bell Williams Road, Burgaw NC 28425 Company Structure: Sole proprietorship Owner: Reid Dressler Ownership Interest: 100% Limited Liability Company L,qM Name Valor W-. Services, LLC Pre. [. q.L Name Valor Waare Management LLC Information Sosld: 2a67142 Status: Current-A-e rD Date Formed: 6125I2024 Citt.nshtp: Demest,c Annual Report Due Date: AP1I tsth Annual Report Status: Current Registered Agent: Dressler. Reid Alan Current Equipment: Service Shop 2009 Dumpster Delivery Trailer (not sure of brand) Equipment to be purchased: 2017+ Front Load refuse truck Sub 100k backup Front Load refuse truck 16 8 yard dumpsters 2 4 yard dumpsters 2 2 yard dumpsters Board of Commissioners - January 6, 2025 ITEM: 3 - 1 - 5 Employees: Reid Dressler Within one year the company plans to hire a driver and a dedicated salesperson Board of Commissioners - January 6, 2025 ITEM: 3 - 1 - 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/6/2025 Consent DEPARTMENT: C o u nty Atto rney PRESENTER(S): Kemp Burpeau, NHC Senior Deputy County Attorney CONTACT(S): Kemp Burpeau SU BJ ECT: Conveyance of County property interest to City of Wilmington for public sale BRIEF SUMMARY: The County and City of Wilmington jointly own two adjoining parcels obtained through tax foreclosures. The County owns 66.7% of Parcel #R04814-005-009-000 (acquired on 9/30/86) and 39% of Parcel #R04815-005-007-001 (acquired on 8/19/49). The parcels, located near unimproved Woods Avenue and the 700 block of North Eleventh Street, lack designated street access. Parcel R04814-005-009-000 (0.04 acres) had a 2021 tax value of $17,000, with an estimated 2025 value of approximately $21,000, while Parcel R04814-005-007-001 (0.19 acres) had a 2021 tax value of $27,000, with an estimated 2025 value of approximately $27,000. The City of Wilmington has received or anticipates receiving an initial bid of $43,000 for the parcels. To streamline the administrative process, the County will convey its ownership interests to the city, enabling the city to conduct a public sale using the upset bid procedure outlined in NCGS 160A-269. After the City transfers the property to the successful bidder, it will reimburse the County for its proportional share of the proceeds, based on ownership percentages, minus newspaper publication costs associated with the sale. County and City staff recommend entering into this agreement, as outlined in the attached draft, to simplify the sale process and ensure efficient handling of the transaction. STRATEGIC PLAN ALIGNMENT: • Good Governance o Effective County Management ■ Increase transparency and awareness about county actions RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the Agreement and conveyance of the parcels to the City and authorize County Manager to execute any necessary documents. ATTACHMENTS: Board of Commissioners - January 6, 2025 ITEM: 4 25-0292 Agreement Parcel Map - R04814-005-009-000, R04815-005-007-001 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approve agreement. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - January 6, 2025 ITEM: 4 New Hanover County Contract # 25-0292 AGREEMENT REGARDING SALE OF JOINTLY OWNED REAL PROPERTY THIS AGREEMENT REGARDING SALE OF JOINTLY OWNED REAL PROPERTY ("Agreement") is entered into by and between New Hanover County ("COUNTY") and the City of Wilmington ("CITY"), as of this day of , 2024 (the "Effective Date"). RECITALS WHEREAS, COUNTY is the owner of a 66.70% undivided interest and CITY is the owner of a 33.30% undivided interest in that certain parcel of real property identified as Parcel #R04814-005-009-000 on the records maintained by the New Hanover County Tax Office and more particularly described in Exhibit A, attached hereto and incorporated herein; and WHEREAS, COUNTY is the owner of a 39.00% undivided interest and CITY is the owner of a 61.00% undivided interest in that certain parcel of real property identified as Parcel #R04814-005-007-001 on the records maintained by the New Hanover County Tax office and more particularly described in Exhibit B, attached hereto and incorporated herein; and WHEREAS, COUNTY desires to convey its undivided interest in both of the above - described parcels of real property (collectively, the "Properties") to CITY in order to simplify the sale of the Properties by CITY pursuant to the upset bid procedure described in NCGS 160A- 269; and WHEREAS, COUNTY and CITY further desire to address the allocation of the expenses related to the upset bid sale(s) and the division of the proceeds of the sale(s) between them; and WHEREAS, COUNTY and CITY execute this Agreement for such purposes. NOW, THEREFORE, under the circumstances set forth above and in consideration of the premises and other valuable consideration, the adequacy of which is hereby acknowledged, COUNTY and CITY hereby agree as follows: 1. APPROVALS 1.1. COUNTY shall be responsible for obtaining all necessary approvals from its Board of Commissioners for the conveyance of its undivided interests in the Properties to the CITY pursuant to this Agreement. Once such approvals have been obtained, COUNTY shall prepare a Non -Warranty Deed, in customary form, conveying such undivided interests to CITY and cause the same to be executed and delivered to CITY for recording in the New Hanover County Registry. 1.2 CITY shall be responsible for obtaining all necessary approvals from its City Council to surplus the Properties and initiate the upset bid procedure contemplated by NCGS 160A-269 upon receipt of an offer to purchase the Properties, either collectively or separately. Board of Commissioners - January 6, 2025 ITEM: 4 - 1 - 1 2. COSTS OF SALE 2.1 COUNTY and CITY shall share equally all costs related to the conveyance and upset bid sale(s), including, without limitation, recording fees, publication costs, postage and delivery charges, regardless of their respective undivided interests in the Properties. COUNTY's share of the costs shall be deducted from COUNTY's share of the sale proceeds determined in accordance with Section 3 below. 3. ALLOCATION OF SALE PROCEEDS 3.1 It is anticipated that the Properties will be sold together to a single bidder. In such event, COUNTY and CITY shall divide the proceeds of the upset bid sale(s) of the Properties based upon an allocation of the bid amount to each parcel as a percentage of the total square footage of each parcel. The table below illustrates how the division would work, assuming a bid amount of $43,000.00: Ownership % Sale Proceeds PARCEL ID Area (sq ft) City County Assumed Bid City County R04814-005-009-000 2,033.73 33.30% 66.70% $43,000 $ 2,760.10 $ 5,528.50 R04814-005-007-001 8,516.95 61.00% 39.00% $ 21,173.95 $ 13,537.45 10,550.68 $ 23,934.06 $ 19,065.94 3.2 Should CITY receive separate offers for the parcels comprising the Properties, CITY shall initiate separate upset bid proceedings for each parcel. The proceeds of the sales shall be based upon the respective percentages of ownership of CITY and COUNTY in each parcel. 4. SEVERABILITY. In the event any provision or part of this Agreement is found to be invalid or unenforceable, only that particular provision or part so found, and not the entire Agreement, shall be deemed invalid or unenforceable. 5. FURTHER ASSURANCES. Each of COUNTY and CITY agrees to perform, execute, acknowledge and deliver all such further acts, transfers, assignments and assurances as shall be reasonably requested of it in order to carry out this Agreement. Without in any manner limiting their specific rights and obligations set forth in this Agreement, the parties declare their intention to cooperate with each other in effecting the terms of this Agreement. Page 2 of 5 Board of Commissioners - January 6, 2025 4849-8916-0570, v. 1 ITEM: 4 - 1 - 2 6. AGREEMENT. This Agreement constitutes the entire agreement between COUNTY and CITY and no other promises or covenants exist or survive the execution of this Agreement other than as is set forth in this Agreement. 7. GOVERNING LAW. The validity, construction, interpretation and administration of this Agreement shall be governed by the laws of the State of North Carolina. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Page 3 of 5 Board of Commissioners - January 6, 2025 4849-8916-0570, v. 1 ITEM: 4 - 1 - 3 IN WITNESS WHEREOF, the undersigned has set his hand and seal as of the date first set forth above. CITY OF WILMINGTON Lo Anthony N. Caudle, City Manager Approved as to form: T. Michael Satterfield, Assistant City Attorney STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, , a Notary Public in said State and County, certify that Anthony N. Caudle personally appeared before me this day and acknowledged that he is the City Manager of the City of Wilmington, a North Carolina municipal corporation, and that by authority duly given and as the act of the City of Wilmington, the foregoing instrument was signed in its name by him as its City Manager. Witness my hand and notarial seal, this the day of 12024. Notary Public My Commission Expires: [SEAL] Page 4 of 5 Board of Commissioners - January 6, 2025 4849-8916-0570, v. 1 ITEM: 4 - 1 - 4 NEW HANOVER COUNTY LE Chris Coudriet, County Manager Approved as to form: Assistant County Attorney STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, , a Notary Public in said State and County, certify that Chris Coudriet personally appeared before me this day and acknowledged that he is the County Manager of New Hanover County, a North Carolina local government corporation, and that by authority duly given and as the act of New Hanover County, the foregoing instrument was signed in its name by him as its County Manager. Witness my hand and notarial seal, this the day of , 2024. Notary Public My Commission Expires: [SEAL] Page 5 of 5 Board of Commissioners - January 6, 2025 4849-8916-0570, v. 1 ITEM: 4 - 1 - 5 °► Parcel R04814-005-009-000 (0.04 acres) Parcel R04814-005-007-001 (0.19 acres) Board of Commissioners - January 6, 2025 ITEM: 4 - 2 - 1 Parcel R04814-005-009-000 (0.04 acres) Parcel R04814-005-007-001 (0.19 acres) Board of Commissioners - January 6, 2025 ITEM: 4 - 2 - 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/6/2025 Consent DEPARTMENT: Planning PRESENTER(S): Karlene Ellis-Vitalis, NHC Associate Planner- Long Range CONTACT(S): Karlene Ellis-Vitalis; Rebekah Roth, NHC Planning and Land Use Director; Mike Kozlosky, WMPO Director SU BJ ECT: Adoption of a Resolution of Support for the Wilmington Metropolitan Planning Organization's Resilience Improvement Planning Grant Application BRIEF SUMMARY: The Wilmington Urban Area Metropolitan Planning Organization (WMPO) seeks a Resolution of Support from the New Hanover County Board of Commissioners for its FY 2024-2025 application to the United States Department of Transportation's (USDOT) Promoting Resilient Operations for Transformative, Efficient, and Cost -Saving Transportation (PROTECT) discretionary grant program. The WMPO planning area has experienced transportation disruptions caused by natural hazards, such as flooding and hurricanes, and faces a high likelihood of similar future events. The WMPO aims to use PROTECT program funding to develop a regional Resilient Improvement Plan for transportation infrastructure. The PROTECT program focuses on enhancing the resilience of surface transportation systems to natural hazards through two types of grants: planning grants and resilience improvement grants. Metropolitan Planning Organizations (MPOs) and local governments seeking implementation funds are encouraged to adopt a Resilience Improvement Plan. New Hanover County would be included in the WMPO's plan. The requested Resolution of Support does not commit the county to any funding obligations. Planning grants under the PROTECT program are fully federally funded, requiring no local matching funds. Furthermore, projects identified in the Resilience Improvement Plan would become eligible for implementation funding and could receive additional cost reductions if the plan is incorporated into long-range transportation plans or if specific projects are prioritized within the Resilience Improvement Plan. STRATEGIC PLAN ALIGNMENT: Workforce & Economic Development o Resilient infrastructure drives economic growth and opportunities. ■ Lead the area in well -planned infrastructure creation and resources. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resolution of support. ATTACHMENTS: Board of Commissioners - January 6, 2025 ITEM: 5 Resolution of Support - WMPO PROTECT Grant Application COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend adoption. COMMISSIONERS' ACTIONS: Adopted resolution 5-0. Board of Commissioners - January 6, 2025 ITEM: 5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION OF SUPPORT FOR THE WILMINGTON URBAN AREA METROPOLITAN PLANNING ORGANIZATION'S RESILIENCE IMPROVEMENT PLANNING GRANT APPLICATION THROUGH THE UNITED STATES DEPARTMENT OF TRANSPORTATION'S PROMOTING RESILIENT OPERATIONS FOR TRANSFORMATIVE, EFFICIENT, AND COST -SAVING TRANSPORTATION (PROTECT) PROGRAM WHEREAS, the United States Department of Transportation has developed a discretionary grant program to address surface transportation resilience to natural hazards through the Promoting Resilient Operations for Transformative, Efficient, and Cost -Saving Transportation (PROTECT) Program; and WHEREAS, the Bipartisan Infrastructure Law has appropriated up to $576 million for the PROTECT Program for FY 2024 and 2025; and WHEREAS, the program supports the development of a Resilience Improvement Plan that addresses immediate and long range transportation network needs related to comprehensive natural hazard preparedness to limit transportation disruptions, and to identify and assess areas of vulnerability within the transportation network to be considered and prioritized for future resiliency projects; and WHEREAS, the PROTECT Program encourages entities, including metropolitan planning organizations and local governments, that are interested in obtaining implementation funds through the PROTECT Program have an adopted Resilience Improvement Plan; and WHEREAS, the Wilmington Urban Area Metropolitan Planning Organization planning area has observed transportation network disruptions due to natural hazard events such as flooding and has a high likelihood of future flooding and severe weather events such as hurricanes; and WHEREAS, a Resilience Improvement Plan that covers the Wilmington Urban Area Metropolitan Planning Organization would include New Hanover County. NOW THEREFORE, BE RESOLVED by the New Hanover County Board of Commissioners that it expresses its support of the application from the Wilmington Urban Area Metropolitan Planning Organization to develop a Resilience Improvement Plan for the Wilmington metropolitan region through the Promoting Resilient Operations for Transformative, Efficient, and Cost -Saving Transportation (PROTECT) Program. ADOPTED the 6th day of January, 2025. NEW HANOVER COUNTY William E. Rivenbark, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - January 6, 2025 ITEM: 5 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/6/2025 Consent DEPARTMENT: Finance PRESENTER(S): Eric Credle, NHC Chief Financial Officer CONTACT(S): Eric Credle SU BJ ECT: Adoption of Last Frontier and Blue Clay Business Park State Budget Grants Resolutions and Budget Amendment BRIEF SUMMARY: The North Carolina 2023 Appropriations Act, signed into law as Session Law (S.L. 2023-134), allocated $2 billion for water and wastewater infrastructure projects, including directed grants for 201 local governments. One of the line items in this law was an allotment of $45,000,000 to New Hanover County, of which $15 million was designated for water and wastewater projects related to Blue Clay Business Park ("Blue Clay"), while the remaining $30 million was not specifically designated. These grants are being administered by the North Carolina Department of Environmental Quality (NC DEQ), and no county match is required for these grants. In March 2024, County staff submitted two requests to NC DEQ related these budget grants. The first request was for funding to support Blue Clay Business Park (Blue Clay), and the second was for the Last Frontier infrastructure project, utilizing the remaining $30 million of the allotment. In May 2024, NC DEQ notified the County that the projects were approved, allocating $8,844,577 for Blue Clay and $29,100,000 for Last Frontier, reflecting a 3% state administration fee. These amounts were incorporated into budget amendments approved in the same month. Based on the latest available information, budget amendments are recommended to adjust these project budgets for the following items. Blue Clay a. Adjust Loan Proceeds for this Project Down by $7,193,050 i. This project was originally budgeted to be funded by loan proceeds of $7,519,800. ii. It is recommended that $326,750 of loan proceeds remain in this project budget to fund ineligible project costs, which primarily relates to the construction of a road. iii. Of the total budgeted loan proceeds, $3,600,000 was actually borrowed in 2022. After the usage noted above, it is recommended that the remaining $3,273,250 be reallocated to Project Grace Museum exhibits. iv. The remaining budgeted loan proceeds of $3,919,800 are no longer necessary and are recommended to be eliminated. Board of Commissioners - January 6, 2025 ITEM: 6 0riginalty Budgeted Loan Proceeds 7,519,800 Retain for Road Casts (326,750) Loan Proceeds Not Needed for Btu Ctay due to Brant 7,193,050 To be Allocated to Project Grace Museum Exhibits (3,273,250) Overalt Loan Proceeds Reduction 3,919,800 b. Adjust Project Expenditure for this project down by $7,193,050 i. The project expenditure budget currently includes the original budget of $7,519,800 plus the $8,844,577 that was recorded when the grant was accepted in May 2024, which totals $16,364,377. ii. Estimated costs to complete this project are currently $9,171,327. As noted above, $326,750 is proposed to be funded by borrowings and $8,844,577 by the state budget grant. 0riginalty Budgeted Project Expenditures Addition when Grant was Accepted Total Current Project Budget Current Estimate of Total Project Cost Blue Clay Budget Reduction Altoc ate to Project Grace Expenditures Overall Expenditures Reduction S 7,519,900 8,844,577 16.364,377 (9,171,327) 7,19, 050 (3,273,250) 8,919,8U0 Last Frontier a. The project budget for Last Frontier currently stands at $42,642,554, which was based on November 2023 estimates of cost, with funding provided by the May 2024 state budget grant of $29,100,000 plus $13,542,554 in loan proceeds. b. Based on construction bids that have now been received for all segments of this project, the total cost for this project is now estimated at approximately $26.8 million. Thus, loan proceeds are no longer believed to be necessary, and it is projected that the state budget grant will fully fund the project, and that there may be excess funds. However, to allow for contingencies, at this time, it is recommended that the full amount of the state budget grant remain allocated to this project. c. Since receipt of the grant, the state has reduced the administrative fee from 3% to 1.50%, which provides $450,000 of additional funding. Curren ty Budgeted Eliminate Loan Proceeds State Budget Grant Increase Revised Budget Revenue Funding State Grant Loan Proceeds Total. Expenditures $ 29,100.000 13.542,554 42,642,554 42,642,554 - (13,542,554) (13,542,554) (13.542,554) 450,000 - 450,000 450,004 $ 29,550,000 - 29,55o,o00 29,550,004 Project resolutions are required as part of the state budget grants and are attached as exhibits for approval. A Budget Amendment consistent with the discussion above is also attached for adoption. STRATEGIC PLAN ALIGNMENT: • Good Governance Board of Commissioners - January 6, 2025 ITEM: 6 o Effective County Management ■ I ncrease transparency and awareness about county actions RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the Last Frontier and Blue Clay Business Park Resolutions and Budget Amendment ATTACHMENTS: Resolution Blue Gay Buisness Park Resolution Last Frontier Budget Amendment 25-032 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend adoption. COMMISSIONERS' ACTIONS: Adopted 5-0. Board of Commissioners - January 6, 2025 ITEM: 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION OF SUPPORT FOR BLUE CLAY BUSINESS PARK PROJECT FUNDING WHEREAS, New Hanover County has received a Directed Projects grant from the 2023 Appropriations Act, Session Law 2023-134, administered through the Drinking Water Reserve and Wastewater Reserve to assist eligible units of government in meeting their water/wastewater infrastructure needs, and WHEREAS, the North Carolina Department of Environmental Quality has offered funding through the 2023 Appropriations Act in the amount of $8,844,577 to perform work detailed in the submitted application known as the Blue Clay Business Park, and WHEREAS, New Hanover County intends to perform said project in accordance with the agreed scope of work. NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners 1. That New Hanover County does hereby accept the 2023 Appropriations Act Directed Projects grant offer of $8,844,577 related to the Blue Clay Business Park. 2. That New Hanover County hereby provides assurance to the North Carolina Department of Environmental Quality that any conditions or assurances contained in the Award Offer will be adhered to. 3. That Eric Credle, NHC Chief Financial Officer, and successors so titled, is hereby authorized and directed to furnish such information as the appropriate state agency may request in connection with this project; to make the assurances as contained above; and to execute such other documents as may be required by the Division of Water Infrastructure. ADOPTED this 6th day of January, 2025. NEW HANOVER COUNTY William E. Rivenbark, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - January 6, 2025 ITEM: 6 - 1 - 1 1►11TVA:I_1ilk 190434L0111ilk III V7 367_M1X91a0]MI►&1[33[00114.*1 RESOLUTION OF SUPPORT FOR LAST FRONTIER PROJECT FUNDING Whereas, New Hanover County has received a Directed Projects grant from the 2023 Appropriations Act, Session Law 2023-134, administered through the Drinking Water Reserve and Wastewater Reserve to assist eligible units of government in meeting their water/wastewater infrastructure needs, and Whereas, the North Carolina Department of Environmental Quality has offered funding through the 2023 Appropriations Act in the amount of $29,550,000 to perform work detailed in the submitted application known as Last Frontier, and Whereas, New Hanover County intends to perform said project in accordance with the agreed scope of work. Now, Therefore, Be It Resolved by the New Hanover County Board of Commissioners: 1. That New Hanover County does hereby accept the 2023 Appropriations Act Directed Projects grant offer of $29,550,000 related to Last Frontier. 2. That New Hanover County hereby provides assurance to the North Carolina Department of Environmental Quality that any conditions or assurances contained in the Award Offer will be adhered to. 3. That Eric Credle, NHC Chief Financial Officer, and successors so titled, is hereby authorized and directed to furnish such information as the appropriate state agency may request in connection with this project, to make the assurances as contained above, and to execute such other documents as may be required by the Division of Water Infrastructure. Adopted this 6th day of January, 2025. NEW HANOVER COUNTY William E. Rivenbark, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - January 6, 2025 ITEM: 6 - 2 - 1 AGENDA: January 6, 2025 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2025 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2025. Section 1: Details of Budget Amendment Strategic Focus Area: Workforce and Economic Development Strategic Objective(s): Lead the area in well -planned infrastructure creation and resources. Fund: Capital Improvement Projects- Blue Clay Business Park Denartment: Facilities Management Expenditure: Decrease Increase Total BA 25-032 Blue Clay Business Park $ (7,193,050) $ - $ (7,193,050) BA 25-032 Project Grace -Museum Exhibits $ - $ 3,273,250 $ 3,273,250 Total $ (7,193,050) $ 3,273,250 $ (3,919,800) Revenue: Decrease Increase Total BA 25-032 Loan Proceeds $ (7,193,050) $ - $ (7,193,050) BA 25-032 Loan Proceeds -Museum Projects $ - $ 3,273,250 $ 3,273,250 Total S (7,193,050) $ 3,273,250 1 $ (3,919,800) Prior to Actions Today Blue Clay Business Park Budget $ 16 364 377 Fund: Capital Improvement Projects -Last Frontier-CFPUA Denartment: Facilities Management Total if Actions Taken $ 9,171,327 BA 25-032 Last Frontier-CFPUA 1 $ (13,092,554) $ - 1 $ (1320922554)1 Total $ (13,092,554) $ - $ (13,2092,2554) Revenue: Decrease Increase Total BA 25-032 State Grant $ - $ 450,000 $ 450,000 BA 25-032 Loan Proceeds $ (13,542,554) $ - $ (13,542,554) Total $ (13,542,554) $ 450,000 $ (13,092,554) Prior to Actions Today Total if Actions Taken Last Frontier-CFPUA Budget $ 42,642,554 $ 029,550,000 BA 25-032 trues up previously budgeted amounts for Blue Clay Business Park and the Last Frontier-CFPUA projects. and reallocates excess Blue Clay Business Park loan proceeds to Project Grace for museum exhibits. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 25-032 amending the annual budget ordinance for the fiscal year ending June 30, 2025, is adopted. Adopted, this 6th day of January, 2025 (SEAL) William E. Rivenbark, Chairman ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - January 6, 2025 ITEM: 6 - 3 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/6/2025 Regular DEPARTMENT: Fire Rescue PRESENTER(S): Donnie Hall, NHC Fire Rescue Chief CONTACT(S): Donnie Hall SU BJ ECT: Consideration of Resolution supporting a High Hazard Classification for Lot Clearing Burns in New Hanover County BRIEF SUMMARY: Land clearing for development in New Hanover County has created notable challenges for neighboring residents, particularly concerning air quality. As trees and vegetative debris from development sites are cleared, they are often piled and burned, producing smoke that can impact nearby communities for several days. U nder current regulations, burning vegetative debris in New Hanover County requires only a standard burn permit from the North Carolina Forest Service, which can be obtained online. While general safety requirements are outlined on the permitting website, there is limited oversight or enforcement of these rules unless problems occur during the burn. To increase the oversight of burning related to land clearing for development, staff is recommending that New Hanover County seek designation as a high hazard county. The county's high percentage of organic soils and specific forest types present increased risks. Combined with the volume of land clearing operations in the area, these factors make the county eligible for designation as a high hazard county under North Carolina General Statute 106, Article 78. This high hazard classification introduces additional safeguards, including: • Requiring a permit issued by the state forest ranger, tailored to the unique risks of high hazard areas. • Mandating a detailed burn plan and on -site inspection by the county forest ranger for burns involving five or more acres before approval is granted. These enhanced measures would address several concerns: • Stricter oversight before burns occur, ensuring compliance with safety and environmental regulations. • Reduced air quality complaints from surrounding communities by minimizing the impact of smoke. • Improved coordination with developers to create a more controlled and predictable process. By submitting this classification request to the Commissioner of Agriculture, who oversees the North Carolina Forest Service, New Hanover County would take proactive steps to balance the needs of development with the safety and well-being of its residents. The high hazard designation would lead to better planning, safer practices, and an improved experience for developers and the community alike. STRATEGIC PLAN ALIGNMENT: Community Safety & Well-being o The community supports a life that mitigates health and safety risks ■ Effectively and efficiently respond to public health and safety demands. Board of Commissioners - January 6, 2025 ITEM: 7 RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend adoption of the resolution supporting a high hazard classification for New Hanover County regarding land clearing burns. ATTACHMENTS: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved high hazard classification and adopted resolution. Board of Commissioners - January 6, 2025 ITEM: 7 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION SUPPORTING A HIGH HAZARD CLASSIFICATION FOR NEW HANOVER COUNTY REGARDING LAND CLEARING BURNS WHEREAS, Chapter 106, Article 78 of the North Carolina General Statutes regulates open burning to protect the public from the hazards of forest fires and air pollution, particularly in areas with organic soils that pose a greater risk of forest fires and air pollution; and WHEREAS, New Hanover County has areas with high percentages of organic soils; and WHEREAS, New Hanover County is experiencing significant land -clearing operations in areas with these organic soils; and WHEREAS, New Hanover County requires additional oversight of lot -clearing burns to manage their impact on air quality, protect remaining forest land, and reduce air pollution; and WHEREAS, Chapter 106-942 of the North Carolina General Statutes allows certain counties within the state to be classified as high hazard; and WHEREAS, the high hazard classification provides additional safety measures and oversight through the North Carolina Forest Service for lot -clearing burns. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners requests that the Commissioner of Agriculture seek an administrative correction to General Statute Chapter 106-942 to include New Hanover County as a high hazard county in accordance with General Statute 106-940. ADOPTED this 6th day of January, 2025. NEW HANOVER COUNTY William E. Rivenbark, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - January 6, 2025 ITEM: 7 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/6/2025 Regular DEPARTMENT: Finance PRESENTER(S): Eric Credle, NHC Chief Financial Officer, Tim Lowe, NHC County Engineer, Gary McSmith, Chief Engineer- CFPUA CONTACT(S): Eric Credle SU BJ ECT: Consideration of Two Construction Contract Awards Related to the Last Frontier Infrastructure Project BRIEF SUMMARY: At the September 19, 2022 meeting of the Board of County Commissioners (the "Board"), the Board approved an interlocal agreement (the "Agreement") with the Caper Fear Public Utility Authority (the "Authority"), which provided the framework for the installation of water and sewer mains in the northern part of the County, which has been referred to as the Last Frontier project. Among other benefits to the county, this infrastructure will facilitate economic development, enhance fire protection, and enable housing construction at more affordable costs. The Last Frontier project is divided into six segments as follows: • Greenview West Area Sewer Force Main • Sidbury and Greenview Area East Sewer Force Mains • North College Road Water Main • Blue Clay Road Water Main Phase 1 • Holly Shelter Road Water Main • Holly Shelter Road Sewer Force Main Under the terms of the Agreement, in consultation with the county, the Authority is responsible for managing both the design and construction phases of this project. Upon completion, the Authority will also have the ongoing responsibility for the operation, maintenance, and repair of these infrastructure improvements. The Agreement noted initial estimates of $3 million for the design phase and $23.5 million for the construction phase, for a total of $26.5 million. in the fall of 2023, county staff provided updated information received from the Authority to the Board that noted that due to inflation and higher demand for services, the total estimated costs to complete the project had risen to $42.6 million, and it was noted that final costs would not be known until the project had been fully bid out. The funding sources previously budgeted for this project include a state budget grant of $29,550,000 and debt proceeds for the remainder. In July 2024, following a bid process, the board approved construction contracts for the first two segments noted above. Fortunately, costs had moderated with one segment coming between the original and revised estimate, while the other segment came in lower than the original estimate. In December 2024, the bid process was completed for the other four segments, which were solicited in pairs with the North College Road and Blue Clay Road water segments together, and the two Holly Shelter Road segments together. The bid amounts noted below, as adjusted for estimated construction administration costs paid to the design firm, are Board of Commissioners - January 6, 2025 ITEM: 8 just under the original estimate for North College Road and Blue Clay Road and between the original and revised estimates for Holly Shelter. These specific results of the bidding are as follows: • North College Road and Blue Clay Road Water — Three bids were received. It is recommended that the low bid of $6,621,875 submitted by Carolina Civilworks Inc. be awarded this contract. • Holly Shelter Road Water/Wastewater— Three bids were received. It is recommended that the low bid of $8,739,175 submitted by R.H. Moore Company, Inc. be awarded this contract. The following table shows the all -in current estimated costs for all segments of the Last Frontier project, which includes the awarded construction contract costs plus construction administration costs. f reenviewWest Area aste aterForceMain 3,100,000 4,490,670 1669,506 idbury & reenvie Area East Wastewater Force Mains 5,000,000 6.961.348 4,058,810 North olle a Slue la Roads - Water 7,000,000 11,078,6521! 6,993 6675 Holly ShaRerRoad Water/Wastewater 8,400,000 17,111,884 9,110, 75 Design 3,000,000 3.000.000 3.000.000 26, 500, 000 42.642.554 26, 832. 96 includes construction administraton costs The construction for the contracts under consideration are expected to be completed in the first quarter of 2026, whereas the previously awarded segments are expected to be completed by the end of calendar year 2025. STRATEGIC PLAN ALIGNMENT: • Workforce & Economic Development o Resilient infrastructure drives economic growth and opportunities. ■ Lead the area in well -planned infrastructure creation and resources. RECOMMENDED MOTION AND REQUESTED ACTIONS: 1. Approve the award of the construction of the North College Road and Blue Clay Road Water Mains to Carolina Civilworks Inc. in the amount of $6,621,875. 2. Approve the award of the construction of the Holly Shelter Road Water and Wastewater Mains to R.H. Moore Company, Inc. in the amount of $8,739,175. ATTACHMENTS: Last Frontier Map Exhibit B — North College Road & Blue Gay Road Water Mains Bid Summary Exhibit C— Holly Shelter Road Water & Wastewater Mains Bid Summary Staff Presentation Board of Commissioners - January 6, 2025 ITEM: 8 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approve awards. COMMISSIONERS' ACTIONS: Approved awards 5-0. Board of Commissioners - January 6, 2025 ITEM: 8 ;\\ j: Last Frontier — Water & Infrastructure January 2025 Segments to Awa rd i - - - Exhibit A Holly Shelter Road Water Main f. Holly Shelter Road i Force Main Castle Hayne N. Q i \ North College Road Skippers Corner Water Main W \ t•'• July 2024 Sidbury & Greenview Segments Area East Force Mains � Awarded ,. -WGreenview West Force Main Blue Clay Road Water Main e Clay /Fa ms - 1`. ;I - = 0 Wilmington r International Kings Gr. 0 Airport Murraysville 2,500 5,000 10,000 1 2 15,000 -- 20,000 Feet 4 Miles Exhibit B - North College Road & Blue Clay Road Water Mains Bid Summary December 20, 2024 Cape Fear Public Utility Authority 243 Government Center Drive Wilmington NC 28403 M&C 05367-0053 (11) RE: Northern New Hanover County Water and Sewer Mains N College and Blue Clay Road Corridor Recommendation of Award Dear Mr. Evers: On December 20, 2024 at 1:45 p.m. local time, Cape Fear Public Utility Authority received and opened bids for construction of the referenced Northern New Hanover County Water and Sewer Mains — N College and Blue Clay Road corridor project. A total of three (3) bids were submitted. A summary of the bids received for each is as provided as follows: Bidder Base Bid Amount Carolina Civilworks Inc $6,621,875.00" TA Loving Company $6,875,565.00 State Utility Contractors, Inc. $9,777,480.00 'Error Corrected As indicated above, the low bid was submitted by Carolina Civilworks Inc. All bidders provided the required documentation for an acceptable bid. A review of the bid documents submitted by Carolina Civilworks Inc. indicated that the bid was responsive and noted the following: • The bid form was properly completed. • A bid bond in the amount was included. • All required documentation was provided. Board of Commissioners - January 6, 2025 ITEM: 8 - 2 - 1 December 20, 2024 Page 2 of 2 Therefore, based on the bid documentation submitted, the low bidder is Carolina Civilworks Inc. We therefore recommend that Cape Fear Public Utility Authority award the Northern New Hanover County Water and Sewer Mains - N College and Blue Clay Road corridor project to Carolina Civilworks, Inc. as the lowest, responsive, responsible bidder for the Base Bid in the amount of $6,621,875.00. If you have any questions or require clarification, please do not hesitate to contact us at your earliest convenience. Sincerely, McKIM & CREED, INC. Sean Kenyon, PE Project Manager Attachments Certified Bid Tabulations Board of Commissioners - January 6, 2025 ITEM: 8 - 2 - 2 Northern New Hanover County Water and Sewer Mains Project N College and Blue Clay Road Corridor Detailed Certified Bid Tab Cape rear Public Utility Authority Item No. Description Unit Estimated quantity 1 Mobilization (3% Maximiuml LS 1 2 Construction Surveying and Staking LS 1 3 Revised After Construction Surveying and Record Drawings LS 1 4 Clearing and Grubbing LS 1 5 Water Main Piping, Installed by Open Cut a 16" C900 PVC (DR 18) Pipe LF 12,100 b 16" Restrained Joint C900 PVC (DR 18) Pipe LF 7,500 c 16" PC350 DI Pipe w/ Petroleum Resistant Gaskets and Polywrap LF 250 d 16" Restrained Joint PC350 DI Pipe w/ Petroleum Resistant Gaskets and Polywrap LF 110 6 Water Main Piping Installed by Jack and Bore a 16" Restrained Joint C900 PVC (DR 18) Pipe Installed through 30" Steel Encasement Pipe (min..312 in thick) LF 250 7 Water Main Piping Installed py Honzontai uirecuonai unu 20" HDPE, DR 11 (Wetlands Crossing - Sheet CO3.5-0O3.6) - 1165' LS 1 a b 20" HDPE, DR 11 (1-140 Crossing - Sheet C04.3) - 375' LS 1 Cleanup Seeding Restoration and Testing (min 10 % of cost per linear foot installed 8 pipeline) a 16" Diameter LF 19,960 9 Ductile Iron MJ Fittings (Zinc Coated Compact Weight) LBS 25,000 10 Resilient Wedge Gate Valve with Valve Box and Marker EA 26 a 16" Diameter b 12" Diameter EA 1 11 Water Services a 1" Water Service Connection - Residential - Long Side Service EA 11 b 1" Water Service Connection - Residential - Short Side Service EA 1 c 2" Water Service Connection - Commercial - Loing Side Service EA 6 d 2" Water Service Connection - Commercial - Short Side Service EA 7 12 Connections to Existing Systems a Sheet CU03.1 - 16" Water Main Connection - Holly Shelter Elevated Storage Tank LS 1 b Sheet CU03.8 - 8" Water Main Connection - Parmele Road LS 1 c Sheet CU03.9 - 16" Water Main Connection - Huntsman Court LS 1 d Sheet CU04.1 - 16" Water Main Connection - Blue Clay Road Business Park LS 1 e Sheet CU04.7 - 8" Water Main Connection - Old Mill Road LS 1 f Sheet C1-104.9 - 12" Water Main Connection - N. Kerr Avenue LS 1 13 Fire Hydrant Assembly EA 12 14 Fire Hydrant Barrel Vertical Extension VF 24 15 Sampling Station Assembly EA 4 16 Driveway Repair and Restoration a Asphalt Driveway EA 4 b Gravel Driveway EA 4 c Compacted Soil Driveway EA 2 d Asphalt Parking Lot (Sheet CU03.7) LF 205 CAROLINA CIVILWORKS INC TA LOVING COMPANY STATE UTILITY CONTRACTORS INC Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost $ $ $ $ 165,368.00 53,205.00 11,280.00 279,025.00 /LS /LS /LS /LS $ $ $ $ 165,368.00 53,205.00 11,280.00 279,025.00 $ $ $ $ 200,000.00 59,500.00 13,000.00 480,000.00 /LS /LS /LS /LS $ $ $ $ 200,000.00 59,500.00 13,000.00 480,000.00 $ $ $ $ 290,000.00 80,000.00 20,000.00 295,000.00 /LS /LS /LS /LS $ $ $ $ 290,000.00 80,000.00 20,000.00 295,000.00 $ $ $ $ 101.00 163.00 439.00 579.00 /LF /LF /LF /LF $ $ $ $ 1,222,100.00 1,222,500.00 109,750.00 63,690.00 $ $ $ $ 115.00 185.00 450.00 500.00 /1-F /LF /LF /LF $ $ $ $ 1,391,500.00 1,387,500.00 112,500.00 55,000.00 $ $ $ $ 224.00 284.00 369.00 469.00 /LF /LF /LF /LF $ $ $ $ 2,710,400.00 2,130,000.00 92,250.00 51,590.00 $ 2,144.00 /LS $ 536,000.00 $ 1,250.00 /LS $ 312,500.00 $ 2,275.00 /LS $ 568,750.00 $ $ 378,624.00 140,447.00 /LS /1-S $ $ 378,624.00 140,447.00 $ $ 525,000.00 175,000.00 /LS /LS $ $ 525,000.00 175,000.00 $ $ 500,000.00 180,000.00 /LS /LS 1 $ $ 500,000.00 180,000.00 $ $ 15.00 12.70 /LF /LBS $ $ 299,400.00 317,500.00 $ $ 16.50 7.50 /LF /LBS $ $ 329,340.00 187,500.00 $ $ 25.00 20.00 /LF /LBS $ $ 499,000.00 500,000.00 $ $ 13,479.00 6,699.00 /EA /EA $ $ 350,454.00 6,699.00 $ $ 15,000.00 5,000.00 /EA /EA $ $ 390,000.00 5,000.00 $ $ 18,000.00 5,500.00 /EA /EA $ $ 468,000.00 5,500.00 $ $ $ $ 11,970.00 3,584.00 16,136.00 7,706.00 /EA /EA /EA /EA $ $ $ $ 131,670.00 3,584.00 96,816.00 53,942.00 $ $ $ $ 3,850.00 2,650.00 9,500.00 5,700.00 /EA /EA /EA /EA $ $ $ $ 42,350.00 2,650.00 57,000.00 39,900.00 $ $ $ $ 6,000.00 3,000.00 12,000.00 8,000.00 /EA /EA /EA /EA $ $ $ $ 66,000.00 3,000.00 72,000.00 56,000.00 $ $ $ $ $ $ $ $ $ 12,138.00 43,834.00 12,138.00 11,784.00 43,867.00 21,377.00 11,462.00 1,338.00 3,447.00 /1-S /LS /1-S /LS /LS /LS /EA NF /EA $ $ $ $ $ $ $ $ $ 12,138.00 43,834.00 12,138.00 11,784.00 43,867.00 21,377.00 137,544.00 32,112.00 13,788.00 $ $ $ $ $ $ $ $ $ 17,500.00 48,000.00 17,500.00 17,500.00 60,000.00 18,500.00 13,000.00 1,250.00 3,000.00 /LS /LS /1-S /LS /LS /LS /EA NF /EA $ $ $ $ $ $ $ $ $ 17,500.00 48,000.00 17,500.00 17,500.00 60,000.00 18,500.00 156,000.00 30,000.00 12,000.00 $ $ $ $ $ $ $ $ $ 20,000.00 50,000.00 15,000.00 20,000.00 60,000.00 45,000.00 12,000.00 1,100.00 4,500.00 /LS /LS /LS /LS /LS /LS /EA NF /EA $ $ $ $ $ $ $ $ $ 20,000.00 50,000.00 15,000.00 20,000.00 60,000.00 45,000.00 144,000.00 26,400.00 18,000.00 $ $ $ $ 6,627.00 1,369.00 204.00 198.00 /EA /EA /EA /LF $ $ $ $ 26,508.00 5,476.00 408.00 40,590.00 $ $ $ $ 1,200.00 725.00 725.00 230.00 /EA /EA /EA /LF $ $ $ $ 4,800.00 2,900.00 1,450.00 47,150.00 $ $ $ 1 $ 7,000.00 1,700.00 1,200.00 180.00 /EA /EA /EA 11 F $ $ $ $ 28,000.00 6,800.00 2,400.00 36,900.00 Board of Commissioners - January 6, 2025 ITEM: 8 - 2 - 3 Northern New Hanover County Water and Sewer Mains Project N College and Blue Clay Road Corridor Detailed Certified Bid Tab Cape Fear Public Utility Authority CAROLINA CIVILWORKS INC TA LOVING COMPANY STATE UTILITY CONTRACTORS INC Item No. Description Unit Estimated Quantity Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost 17 Erosion and Sedimentation Control $ 4.75 $ 2.30 $ 223.00 $ 186.00 $ 6,008.00 $ 1,590.0o $ 323.00 $ 2.50 /LF /LF /EA /EA /EA /EA /EA /LF $ 156,750.00 $ 22,655.00 $ 8,920.00 $ 744.00 $ 24,032.00 $ 15,900.00 $ 2,907.00 $ 10,500.00 $ 4.60 $ 4.40 $ 350.00 $ 365.00 $ 2,500.00 $ 500.00 $ 500.00 $ 6.00 /LF /LF /EA /EA /EA /EA /EA /LF $ 151,800.00 $ 43,340.00 $ 14,000.00 $ 1,460.00 $ 10,000.00 $ 5,000.00 $ 4,500.00 $ 25,200.00 $ 4.00 $ 3 .00 $ 225.00 $ 500.00 $ 4,000.00 $ 2,000.00 $ 200.00 $ 3.00 /LF /LF /EA /EA /EA /EA /EA /LF $ 132,000.00 $ 29, 0.00 $ 2,000.00 ,000.00 $ 16,000.00 $ $ 20,000.00 $ 1,600.00 12, $ 00.00 a Silt Fence LF 33,000 b Tree Protection Fence LF 9,850 c Silt Fence Outlets EA 40 d Inlet Protection Devices EA 4 e Temporary Construction Entrance EA 4 f Concrete Washout Pit EA 10 g Check Dam EA 9 h Straw w/ Biodegradable Net Liner (min. 8' wide roll) LF 4,200 18 Trench Undercut Excavation and Disposal of Unsuitable Materials, Replacement with LF 19,960 $ 15.40 /LF $ 307,384.00 $ 10.00 /LF $ 199,600.00 $ 9.00 /LF $ 179,640.00 Stone $ 276.00 $ 1.35 /CY /GAL $ 193,200.00 $ 21,600.00 $ 175.00 $ 5.00 /CY /GAL $ 122,500.00 $ 80,000.00 $ 20.00 1 $ 0.00 / /GAL $ 1 0,000.00 $ 160,000.00 19 Removal and Disposal of Petroleum Contaminated Soils Replacement with Select Fill CY 700 20 te Removal and Disposal of Petroleum Contaminated Groundwar Residuals GAL 16,000 Remove and Replace Culvert Pipe 21 $ 129.00 $ 264.00 BID AMOUNT (ITEMS 1 THROUGH /LF /LF 21) $ 8,385.00 $ 5,280.00 $ 6,621,875.00 $ 225.00 $ 250.00 ** /LF /LF $ 14,625.00 $ 5,000.00 $ 6,875,565.00 $ 160.00 $ 225.00 /LF /LF $ 10,400.00 $ 4,500.00 $ 9,777,480.00 a 24-inch RCP Pipe LF 65 b 30-inch RCP Pipe LF 20 TOTAL BASE ** ERROR CORRECTED 1 CAROL/ o�'FEss/o'•�ti'� SEAL r: 049225 F�'G 14' JI tKEN;tp I certify that this is a true and correct record of bids received. McKim & Creed, Inc. - Wilmington NC License No. F-1222 Board of Commissioners - January 6, 2025 ITEM: 8 - 2 - 4 Exhibit C - Holly Shelter Road Water & Wastewater Bid Summary December 20, 2024 Cape Fear Public Utility Authority 243 Government Center Drive Wilmington NC 28403 M&C 05367-0053 (11) RE: Northern New Hanover County Water and Sewer Mains Holly Shelter Road Corridor Recommendation of Award Dear Mr. Evers: On December 20, 2024 at 1:30 p.m. local time, Cape Fear Public Utility Authority received and opened bids for construction of the referenced Northern New Hanover County Water and Sewer Mains - Holly Shelter Road corridor project. A total of three (3) bids were submitted. A summary of the bids received for each is as provided as follows: Bidder Base Bid Amount RH Moore Company Inc $8,739,175.00 State Utility Contractors, Inc. $10,707,700.00 C.M. Mitchell Construction Co. Inc. $14,161,552.50 As indicated above, the low bid was submitted by RH Moore Company Inc. All bidders provided the required documentation for an acceptable bid. A review of the bid documents submitted by RH Moore Company Inc. indicated that the bid was responsive and noted the following: • The bid form was properly completed. • A bid bond in the amount was included. • All required documentation was provided. Therefore, based on the bid documentation submitted, the low bidder is RH Moore Company Inc. Board of Commissioners - January 6, 2025 ITEM: 8 - 3 - 1 December 20, 2024 Page 2 of 2 We therefore recommend that Cape Fear Public Utility Authority award the Northern New Hanover County Water and Sewer Mains - Holly Shelter Road corridor project to RH Moore Company, Inc. as the lowest, responsive, responsible bidder for the Base Bid in the amount of $8,739,175.00. If you have any questions or require clarification, please do not hesitate to contact us at your earliest convenience. Sincerely, McKIM & CREED, INC. �eo,_ �- Sean Kenyon, PE Project Manager Attachments Certified Bid Tabulations Board of Commissioners - January 6, 2025 ITEM: 8 - 3 - 2 Northern New Hanover County Water and Sewer Mains Project Holly Shelter Road Corridor Detailed Certified Bid Tab Cape Fear Public Utility Authority RH MOORE COMPANY INC Item No. Description Unit Estimated Quantity Unit Cost 1 Mobilization (3% Maximium) LS 1 $ 250,000.00 /LS 2 Construction Surveying and Staking LS 1 $ 100,000.00 /LS 3 Revised After Construction Surveying and Record Drawings LS 1 $ 40,000.00 /LS 4 Clearing and Grubbing LS 1 $ 380,000.00 /LS 5 Sewer Force Main Piping Installed by Open Cut a 12" C900 PVC (DR 18) Pipe LF 15,300 $ 1 /LF b 12" Restrained Joint C900 PVC (DR 18) Pipe LF 5,200 $ 130.00 .00 /LF 6 Sewer Force Main Piping Installed by Jack and Bore a 12" Restrained Joint C900 PVC (DR 18) Pipe Installed through 24" Steel Encasement Pipe (min..250 in thick) LF 80 $ 1,100.00 /LF 7 Sewer Force Main Piping Installed by Horizontal Directional Drill a 16" HDPE, DR 11 (1-40 Crossing - Sheet CU02.5-CU02.6) - 1397' LS 1 $ 348,000.00 /LS bj 16" HDPE, DR 11 (Wetlands Crossing - Sheet CU02.11) - 290' LS 1 $ 77,000.00 /LS 8 Water Main Piping Installed by Open Cut a 16" C900 PVC (DR 18) Pipe LF 10,100 $ 120.00 /LF b 16" Restrained Joint C900 PVC (DR 18) Pipe LF 4,400 $ 165.00 /LF 9 Water Main Piping Installed by Horizontal Directional Drill a 20" HDPE, DR 11 (Wetlands Crossing - Sheet CU01.4) - 990' LS 1 $ 315,000.00 LS 10 Cleanup Seeding Restoration and Testing (min 10% of cost per linear foot installed a pipeline) 16" Diameter LF 14,500 $ 10.00 /LF b 12" Diameter LF 20,500 $ 9.00 /LF 11 Ductile Iron MJ Fittings (Zinc Coated Compact Weight) LBS 6,500 $ 15.00 a Water Fittings /LBS b Sewer Fittings LBS 6,500 $ 30.00 /LBS 12 Resilient Wedge Gate Valve with Valve Box and Marker a 16" Diameter 17 $ 12,000.00 /EA b 12" Diameter NEA 32 $ 6,000.00 /EA 13 Combination AirNacuum Release Valve and Vault (w/Ductile Iron Pipe and 8" Bypass, 7 $ 45,000.00 /EA see Detail S-81 14 Water Services a 2" Water Service Connection - Commercial EA 3 $ 6,500.00 /EA b Water Service/Main Offsets (Sheet CU01.6) LS 1 $ 2,900.00 /LS 15 Connections to Existing Systems a Sheet CU01.1 - 12" Water Main Connection - Barbados Boulevard LS 1 $ 12,000.00 /LS b Sheet CU01.3 - 8" Water Main Connection - Blue Clay Road LS 1 $ 14,000.00 /LS c Sheet CU01.6 - 8" Force Main Connection - Duke Energy Offices LS 1 $ 18,000.00 /LS d Sheet CU02.1 - Polymer Concrete Structural Manhole (MH#A2) Rehabilitation Inserts - Prince George Creek LS 1 $ 50,000.00 /LS e Sheet CU02.1 - Sanitary Sewer Manhole (MH#A3) Connection with Polymer Concrete Structural Manhole Rehabilitation Inserts - Prince George Creek LS 1 $ 45,000.00 /LS f Sheet CU02.1 - Polymer Concrete Structural Manhole (MH#A4) Rehabilitation Inserts - Prince George Creek LS 1 $ 38,000.00 /LS STATE UTILITY CONTRACTORS INC C.M. MITCHELL CONSTRUCTION CO INC Total Cost Unit Cost Total Cost Unit Cost Total Cost 250,000.00 $ 320,000.00 /LS $ 320,000.00 $ 400,000.00 /LS $ 400,000.00 100,000.00 $ 80,000.00 /LS $ 80,000.00 $ 275,000.00 /LS $ 275,000.00 40,000.00 380,000.00 $ 20,000.00 $ 475,000.00 /LS /LS $ 20,000.00 $ 475,000.00 $ 110,000.00 $ 733,147.40 /LS /LS 1 $ 110,000.00 $ 733,147.40 1,606,500.00 $ 142.50 /LF $ 2,180,250.00 $ 176.70 /LF $ 2,703,510.00 676,000.00 $ 175.00 /LF $ 910,000.00 $ 214.70 /LF $ 1,116,440.00 88,000.00 $ 1,825.00 /LF $ 146,000.00 $ 1,023.00 /LF $ 81,840.00 348,000.00 $ 450,000.00 /LS $ 450,000.00 $ 700,700.00 /LS $ 700,700.00 77,000.00 $ 125,000.00 /LS $ 125,000.00 $ 145,145.00 /LS $ 145,145.00 g 1,212,000.00 6 726,000.00 $ 157.00 $ 210.00 /LF /LF $ 1,585,700.00 $ 924,000.00 $ 190.30 $ 243.90 /LF /LF $ 1,922,030.00 $ 1,073,160.00 g 315,000.00 $ 400,000.00 /LS $ 400,000.00 $ 486,456.30 /LS $ 486,456.30 $ 145,000.00 184,500.00 $ $ 17.50 15.10 /LF /LF $ $ 253,750.00 309,550.00 $ $ 27.75 21.70 /LF /LF $ $ 402,375.00 444,850.00 $ 97,500.00 $ 195,000.00 $ $ 20.00 28.00 /LBS /LBS $ $ 130,000.00 182,000.00 $ $ 23.75 25.10 /LBS /LBS $ $ 154,375.00 163,150.00 $ 204,000.00 $ 192,000.00 $ $ 17,500.00 5,300.00 /EA /EA $ $ 297,500.00 169,600.00 $ $ 19,883.00 7,109.60 /EA /EA $ $ 338,011.00 227,507.20 $ 315,000.00 $ 42,000.00 /EA $ 294,000.00 $ 25,129.80 /EA $ 175,908.60 $ 19,500.00 $ 2,900.00 $ $ 8,000.00 20,000.00 /EA /LS j $ $ 24,000.00 20,000.00 $ $ 11,769.00 14,263.50 /EA /LS $ $ 35,307.00 14,263.50 $ 12,000.00 $ 14,000.00 $ 18,000.00 $ $ $ 13,000.00 25,000.00 15,000.00 /LS /LS /LS $ $ $ 13,000.00 25,000.00 15,000.00 $ $ $ 23,411.20 28,441.30 53,900.00 /LS /LS /LS $ $ $ 23,411.20 28,441.30 53,900.00 $ 50,000.00 $ 70,000.00 /LS $ 70,000.00 $ 25,300.00 /LS $ 25,300.00 $ 45,000.00 $ 100,000.00 /LS $ 100,000.00 $ 31,765.00 /LS $ 31,765.00 $ 38,000.00 $ 55,000.00 /LS $ 55,000.00 $ 22,000.00 /LS $ 22,000.00 Board of Commissioners - January 6, 2025 ITEM: 8 - 3 - 3 Northern New Hanover County Water and Sewer Mains Project Holly Shelter Road Corridor Detailed Certified Bid Tab Cape Fear Public Utility Authority RH MOORE COMPANY INC I STATE UTILITY CONTRACTORS INC I C.M. MITCHELL CONSTRUCTION CO INC Item No. Description Unit EA Estimated Quantity 12 Unit Cost $ 14,000.00 $ 400.00 $ 5,000.00 /EA NF /EA Total Cost $ 168,000.00 $ 9,600.00 $ 10,000.00 Unit Cost $ 11,500.00 $ 1,050.00 $ 4,500.00 /EA NF /EA Total Cost $ 138,000.00 $ 25,200.00 $ 9,000.00 Unit Cost $ 13,310.00 $ 2,887.90 $ 5,808.15 /EA NF /EA Total Cost $ 159,720.00 $ 69,309.60 $ 11,616.30 16 FireHvdrantAssembly 17 Fire Hydrant Barrel Vertical Extension VF EA 24 2 18 Sampling Station Assembly 19 Roadway Repair and Restoration $ 350.00 $ 350.00 $ 650.00 $ 150.00 $ 50.00 /LF /LF /LF /LF /SY $ 49,000.00 $ 26,250.00 $ 32,500.00 $ 6,000.00 $ 42,500.00 $ 275.00 $ 150.00 $ 360.00 $ 90.00 $ 110.00 /LF /LF /LF /LF /SY $ 38,500.00 $ 11,250.00 $ 18,000.00 $ 3,600.00 $ 93,500.00 $ 412.50 $ 236.50 $ 330.00 $ 34.65 $ 115.50 /LF /LF /LF /LF /SY $ 57,750.00 $ 17,737.50 $ 16,500.00 $ 1,386.00 $ 98,175.00 a Asphalt Roadway (NCDOT) LF 140 b Asphalt Roadway LF 75 c Concrete Roadway LF 50 d Gravel Roadway LF 40 e Mill and Overlay 1.5" Depth SY 850 20 Driveway Repair and Restoration 7 $ 8,500.00 $ 16,000.00 $ 3,000.00 $ 2,500.00 /EA /EA /EA /EA $ 59,500.00 $ 80,000.00 $ 15,000.00 $ 12,500.00 $ 5,200.00 $ 11,000.00 $ 1,600.00 $ 1,100.00 /EA /EA /EA /EA $ 36,400.00 $ 55,000.00 $ 8,000.00 $ 5,500.00 $ 5,500.00 $ 7,810.00 $ 1,320.00 $ 880.00 /EA /EA /EA /EA $ 3 0.00 $ 39,,050.00 $ 6,600.00 $ 4,400.00 a Asphalt Driveway EA b Concrete Driveway EA 5 c Gravel Driveway EA 5 5 d Compacted Soil Driveway EA 21 Erosion and Sedimentation Control 21,000 $ 5.00 $ 4,000.00 $ 6.00 $ 600.00 $ 3,200.00 $ 250.00 $ 8,000.00 $ 4,000.00 $ 725.00 $ 20.00 /LF /EA /LF /EA /EA /EA /EA /EA /EA /LF $ 105,000.00 $ 4,000.00 $ 55,800.00 $ 15,000.00 $ 3,200.00 $ 750.00 $ 16,000.00 $ 24,000.00 $ 34,075.00 $ 146,000.00 $ 4.00 $ 3,000.00 $ 3.00 $ 225.00 $ 500.00 $ 350.00 $ 4,500.00 $ 2,000.00 $ 175.00 $ 3.00 /LF /EA /LF /EA /EA /EA /EA /EA /EA /LF $ 84,000.00 $ 3,000.00 $ 27,900.00 $ 5,625.00 $ 500.00 $ 1,050.00 $ 9,000.00 $ 12,000.00 $ 8,225.00 $ 21,900.00 $ 4.20 $ 2,508.95 $ 2.25 $ 772.20 $ 440.00 $ 235.55 $ 4,400.00 $ 1,100.00 $ 605.00 $ 2.20 /LF /EA /LF /EA /EA /EA /EA /EA /EA /LF $ 88,200.00 $ 2,508.95 $ 20,925.00 $ 19,305.00 $ 440.00 $ 706.65 $ 8,800.00 $ 6,600.00 $ 28,435.00 $ 16,060.00 a Silt Fence b Silt Curtain T 1 c Tree Protection Fence 9,300 25 d Silt Fence Outlets e Inlet Protection Devices EA 1 f Wattles EA 3 g Temporary Construction Entrance EA 2 In Concrete Washout Pit EA 6 47 i Check Dam EA j Straw w/ Biodegradable Net Liner (min. 8' wide roll) LF 7,300 22 Trench Undercut Excavation and Disposal of Unsuitable Materials, Replacement with LF 35,000 $ 8.00 /LF $ 280,000.00 $ 9.00 /LF $ 315,000.00 $ 35.20 /LF $ 1,232,000.00 Stone 23 Remove and Replace Culvert Pipe $ 80.00 $ 100.00 $ 120.00 $ 150.00 $ 190.00 BID AMOUNT (ITEMS 1 THROUGH /LF /LF /LF /LF /LF 23) $ 8,000.00 $ 55,000.00 $ 78,000.00 $ 45,000.00 $ 7,600.00 $ 8,739,175.00 $ 76.00 $ 92.00 $ 128.00 $ 174.00 $ 240.00 /LF /LF /LF /LF /LF $ 7,600.00 $ 50,600.00 $ 83,200.00 $ 52,200.00 $ 9,600.00 $ 10,707,700.00 $ 139.15 $ 179.85 $ 205.15 $ 237.60 $ 284.35 /LF /LF /LF /LF /LF $ 13,915.00 $ 98,917.50 $ 133,347.50 $ 71,280.00 $ 11,374.00 $ 14,161,552.50 a 15-inch RCP Pipe LF 100 b 18-inch RCP Pipe LF 550 650 c 24-inch RCP Pipe LF d 30-inch RCP Pipe LF 300 e 36-inch RCP Pipe LF 40 TOTAL BASE NC Aq � 00�•FESS�O• �y :4 SEAL 049225 = r I certify that this is a true and correct record of bids received. McKim & Creed, Inc. - Wilmington NC License No. F-1222 Board of Commissioners - January 6, 2025 ITEM: 8 - 3 - 4 Last Frontier — Consideration of Approval of Remaining Construction Contracts Eric Credle — New Hanover County — Chief Financial Officer Gary McSmith, P.E. — Cape Fear Public Utility Authority — Chief Engineer Infrastructure Project — Last Frontier Castle H Roan Island 74 Leland 8 17 Town Creek Winnabow Skipljtrs Cor er IV 1AD Northchase Kirkland rrayviIle roWrightsboBayshore 4421 ,� Hightsville Ogden Kings Grant W. 1f ;MAYFAIRE Eagle Island 133 17 Wilmington,.,�' Wrightsville Beach 421 .: 117 421, 132 Silver Lake Old Town r4yrtle Grave Go gle 2I Hampstead ToJ All Northern Area Mains —Including CFPUA Funded Mains Holly Shelter Road ` N Force Main- �� Holly Shelter Road Water Main Castle Hayne --- --- . - North College Road ~ Water Main Blue Clay Road }� Water Main Sidbury & Greenview Area East Force Mains Greenview West Force Mains Us y'9hway 7 ; i`Jorth:•5ase e Clay Farms Murraysville Northern Regional Force Main Phase]A oro Northern Regional Force Main Phase B Wilmington tj International Kings`.,Grant 0 3,000 6,000 12,000 18,000 Airport y„ Feet 0 0.75 1.5 3 Miles ;\\ j: Last Frontier — Water & Infrastructure January 2025 Segments to Awa rd i - - - Exhibit A Holly Shelter Road Water Main f. Holly Shelter Road i Force Main Castle Hayne N. Q i \ North College Road Skippers Corner Water Main W \ t•'• July 2024 Sidbury & Greenview Segments Area East Force Mains � Awarded ,. -WGreenview West Force Main Blue Clay Road Water Main e Clay /Fa ms - 1`. ;I - = 0 Wilmington r International Kings Gr. 0 Airport Murraysville 2,500 5,000 10,000 1 2 15,000 -- 20,000 Feet 4 Miles Interlocal Agreement — Key Provisions • Primary Responsibilities • CFPUA manages the project • Manages design, bidding and construction process • Ongoing responsibility for operation, maintenance, and repair • Eventually owns the assets of the project after any debt is repaid Interlocal Agreement — Key Provisions • Primary Responsibilities • New Hanover County funds the project • Original Estimated Cost = $26.5 million • Fall 2023 Estimated Cost = $42.6 million • State budget grant awarded in 2023 expected to fund most or all of the costs - $29.55 million Regular cooperation and consultation between the parties Project Segments Segment GreenviewWest Area Sewer Force Main Sid bury & Greenview Area East Sewer Force Mains North College Road Water Main Blue Clay Shelter Water Main Phase 1 Holly Shelter Road Water Main Holly Shelter Road Sewer Force Main Bidding Construction Awarded in July 2024 Today's Agenda Item Complete December 2025 Complete December 2025 December 2024 Q12026 December 2024 Q12026 December 2024 Q12026 December 2024 Q12026 Construction Award — North College Road & Blue Clay Road North College and Blue Clay Roads — Water Mains Three bids received Low Bid — Carolina Civilworks, Inc. - $6,621,875 • The other two bids were $6.9 million & $9.8 million Plus: Construction Administration of $371,800 $6.99 $7.0 $11.1 Bid Original Res LAR Estimate Fa 112023 Estimate Construction Award — Holly Shelter Water/Wastewater Holly Shelter — Water and Wastewater Mains Three bids received Low Bid — R.H. Moore - $8,739,175 • The other two bids were $10.7 million & $14.2 million Plus: Construction Administration of $371,800 $8.4 $9.1 $17.1 rigina[ Bid Result FaIt2023 Estimate Estimate Total Project Cost — Last Frontier September 2022 Estimate = $26.5 million i November 2023 Estimate = $42.6 million i January 2025 Estimate = $26.8 million Questions ? NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/6/2025 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 (Z24-21) — Request by Cindee Wolf with Design Solutions, applicant, on behalf of Catherine Scanlon, Steven and Katherine Tylee, and Raimond and Kelly Struble, property owners, to rezone approximately 0.28 acres located at 1040 and 1050 S. Seabreeze Road from the B-2, Regional Business District to a general use R- 5, Residential Moderate -High Density District and to rezone approximately 0.10 acres located at 1054, 1056, and 1068 S. Seabreeze Road from B-2 to a general use R-15, Residential District. BRIEF SUMMARY: The applicant is requesting to rezone five (50 parcels totaling 0.29 acres from B-2 to R-5 and R-15. The requested R-5 rezoning would apply to two (2) existing lots, and the requested R-15 rezoning would remove B-2 zoned portions of the remaining three (3) lots. Please note this is a straight rezoning, so there is no concept plan required and no conditions can be imposed. This site is along a local road which is accessed off Carolina Beach Road, a major arterial highway. The use is estimated to generate approximately 1 AM and 2 PM peak hour trips, a decrease of 4 AM and 13 PM trips compared to the current zoning. The project would reduce traffic overall from what could be developed under current zoning, with no significant impact on S. Seabreeze Road or the southern part of Carolina Beach Road. The existing land uses in the area include a mix of small and large single-family dwellings along with boat storage. This area of Seabreeze has seen a recent increase in demand for single-family housing. The 2016 Comprehensive Plan designates this area as Community Mixed Use. Types of appropriate uses include office, retail, commercial, institutional, and single-family residential. The Planning Board considered this item at its November 7, 2024, meeting. A few members of the Seabreeze community spoke in support of the request, encouraging increased residential uses in Seabreeze. The Board voted 6-0 to recommend APPROVAL of the application. The application was found to be CONSISTENT with the 2016 Comprehensive Plan because it provides a use in line with the Community Mixed Use place type. 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. Board of Commissioners - January 6, 2025 ITEM: 9 RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff's recommendation is based on policy guidance from the 2016 Comprehensive Plan, zoning considerations, and technical review. Although the County's Strategic Plan generally discourages new residential units in flood -prone areas, the proposal's consistency with the Comprehensive Plan's Community Mixed Use Place Type was also considered. Additionally, neighboring parcels to the south and east are zoned and used for residential purposes, making this proposal consistent with the area's current character. Rezoning the remaining B-2 portions of the existing R-1S parcels would also resolve existing split zoning, creating a more unified layout. The proposed rezoning is generally CONSISTENT with the Comprehensive Plan because it provides a use in line with the recommendations of the Community Mixed Use place type. Staff concurs with the Planning Board's recommendation. Please refer to the script for suggested and alternative motion language. ATTACHMENTS: Z24-21 BOC Script Z24-21 BOC Staff Report Z24-21 Zoning Map Z24-21 Future Land Use Map Z24-21 Mailout Map Z24-21 Initial Application Co\er Sheet Z24-21 Application Z24-21 Public Comments Staff Presentation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - January 6, 2025 ITEM: 9 BOARD OF COMMISSIONERS SCRIPT for Zoning Map Amendment Application (Z24-21) Request by Cindee Wolf with Design Solutions, applicant, on behalf of Catherine Scanlon, Steven and Katherine Tylee, and Raimond and Kelly Struble, property owners, to rezone approximately 0.28 acres located at 1040 and 1050 S. Seabreeze Road from the B-2, Regional Business District to a general use R-5, Residential Moderate -High Density District and to rezone approximately 0.10 acres located at 1054, 1056, and 1068 S. Seabreeze Road from B-2 to a general use R-15, Residential District. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant's presentation and supporter comments (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. Applicant's rebuttal (up to 5 minutes) e. Opponent's rebuttal (up to 5 minutes) 3. Close the public hearing 4. Board discussion 5. Before we proceed with the vote, I would like to invite the applicant to the podium. Based on the Board discussion and items presented during the public hearing, would you like withdraw your petition or proceed with a vote? 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. Examole Motion for Armroval I move to APPROVE the proposed rezoning. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it provides a use in line with the Community Mixed Use Place Type. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the rezoning would benefit the community by providing more housing options. Board of Commissioners - January 6, 2025 ITEM: 9 - 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 rezoning. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it provides a use in line with the Community Mixed Use Place Type. I find recommending DENIAL of the rezoning request is reasonable and in the public interest because of the County's goal to limit residential development in flood prone areas. Alternative Motion for Approval/Denial: I move to [Approve/Deny] of the proposed rezoning to an R-5 and R-15 district. I find it to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] I also find recommending [Approve/Deny] of the rezoning request is reasonable and in the public interest because [insert reasons] Board of Commissioners - January 6, 2025 ITEM: 9 - 1 - 2 STAFF REPORT FOR Z24-21 ZONING MAP AMENDMENT APPLICATION APPLICATION SUMMARY Case Number: Z24-21 Request: Rezoning to an R-5 and R-15 district Applicant: Property Owner(s): Cindee Wolf, Design Solutions Catherine Scanlon, Steven & Katherine Tylee, Raimond & Kelly Struble Location: Acreage: 1040, 1050, 1068, 1056, & 1054 S Seabreeze 0.38 Road PID(s): Comp Plan Place Type: R08518-006-001-000, R08518-005-002-000, R08518-005-001-000, R08518-007-004-000, Community Mixed Use R08518-007-001-000 Existing Land Use: Proposed Land Use: Single -Family Residential, Empty Commercial The property would be allowed to be Building and Vacant Commercial Lot developed in accordance with the R-5 district. Current Zoning: Proposed Zoning: B-2, R-15 R-5, R-15 ZONING SPabreeze "/.?qqq s North .R a �e ZONING B-2 0 R-15 C= Z24-21 Case Boundary a SURROUNDING AREA LAND USE ZONING North Across S Seabreeze Rd, Single Family -Residences, Boat Storage B 2 East Single -Family Residences and Community Boat Dock R-15 South Single -Family Residences R-15 West Boat Storage and Vacant Commercial Lots B-2 Z24-21 Staff Report PB 1 1.7.2024 Page 1 of 17 Board of Commissioners - January 6, 2025 ITEM: 9 - 2 - 1 AERIAL sea ri �'► Pete Rohe � ,�,�-�.�� d ZONING HISTORY April 7, 1971 Initially zoned B-2 (Area 4) August 6, 2012 1026 State Avenue, 1068 & 1074 S Seabreeze Road rezoned from B-2 to R-15. Case Z-920. COMMUNITY SERVICES CFPUA public water and sewer is not available. Private water and sewer Water/Sewer utilities are available through AQUA. The applicant has indicated future development would request to connect to AQUA utilities. Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire District, New Hanover County Federal Point Station Schools Anderson Elementary, Murray Middle, and Ashley High Schools Recreation Veterans Park, Carolina Beach State Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES New Hanover County Conservation Resource maps indicate there is Pocosin Conservation Resource on -site. However, because there are no Class IV soils Conservation present on the site, the Conservation Resource Standards do not apply. There are open tidal waters just outside the eastern property boundaries of 1068 and 1056 S Seabreeze Rd, though there are already single-family homes on these properties. These parcels are located within the historic Seabreeze neighborhood. Established in the mid-1920's, the area was a prime vacation resort for African Americans within southeastern North Carolina from the 1 930's Historic through the 1950's before a decline stemming from Hurricane Hazel in 1954, financial trouble, and the end of segregation in the 1960's. There is an existing building on 1040 S Seabreeze Rd which dates to the 1960's. Due to the age of the building it would need to be brought to current commercial building code standards to be used commercially again. Archaeological No known archaeological resources. Z24-21 Staff Report PB 1 1.7.2024 Page 2 of 17 Board of Commissioners - January 6, 2025 ITEM: 9 - 2 - 2 PROPOSED REZONING DETAILS Proposed split rezoning • The applicant is proposing to rezone 1040 and 1050 S Seabreeze Road to the R-5 district, and portions of B-2 which are on 1054, 1056, and 1068 S Seabreeze Rd to the R-15 district. See below for a breakout of the split zoning details. • This request is for a straight rezoning, so any approval would allow for all uses outlined in the requested district and could not include conditions. Any future development would be subject to the general development standards for the district outlined in the Unified Development Ordinance, including setbacks. Z24-21 Staff Report PB 1 1.7.2024 Page 3 of 17 Board of Commissioners - January 6, 2025 ITEM: 9 - 2 - 3 Requested R-5 Portion: 1040 & 1050 S Seabreeze Rd S Seabree2 _--- a Ra North 7q, - ---- 3 r, rn r o 1_b4ol Lam-_ _ w lam o N m m ¢ �a Lj " N _� pz a m y <d o II ;I N m N 3 d m + D I I I H 3nNl A.22l3d02id 'AIN 0350a0t{d ,S6'S£ M .L£,OL. o Q I Ln a W W u II [Y] n II^� w ad ¢ z 3 �N19t1r17 m II �O II w da ]I�V9135 133T115 3015 $'Ol I T ,99-trL 3 .L£.90.69 N �Nlea�, I I I I I �4 �w Map showing recombination of property lines for the R-5 portions of the site. • The applicant is proposing to rezone two parcels totaling approximately 0.29 acres from the B-2, Regional Business district, to the R-5, Residential Moderate High -density district. • The applicant recorded the above recombination plat on November b, 2024, ensuring that a rezoning does not create nonconforming lots. • The northernmost lot, fronting S Seabreeze Road, may be accessed via that road; the southern lot may be accessed off the existing gravel drive shown in the image above. Z24-21 Staff Report PB 1 1.7.2024 Page 4 of 17 Board of Commissioners - January 6, 2025 ITEM: 9 - 2 - 4 • The existing building on 1040 S Seabreeze Rd predates zoning and is a historic legal nonconformity due to front and rear setback requirements for B-2. Due to the age of the building, it would need to be brought to current commercial building code standards to be used commercially again. • According to the applicant, the requested R-5 zoning district is more appropriate for the tracts than the current B-2 zoning because the size and shape of the parcels have rendered them underutilized for many years. Requested R-15 Portion: 1054, 1056, and 1058 S Seabreeze Rd • The applicant is also proposing to rezone approximately 0.08 acres of existing B-2 to R- 15 on portions of three existing single family lots. • These parcels were rezoned in 2012 from B-2 to R-15, and currently have single-family homes built on them. The existing B-2 is a remainder from that rezoning, originally intended so the R-15 zoning would not increase the setbacks required on the commercially zoned parcels in accordance with development standards at that time. • The intent of rezoning these small portions of B-2 to R-15 is to ensure that the parcels are not split zoned. If this rezoning is approved, these parcels will be wholly zoned R-15. ZONING CONSIDERATIONS • The B-2 district was established in the area in 1971 to encourage business development in the historic Seabreeze area. • Given the need for private wells and septic systems or the extension of private utilities, the area has not experienced the anticipated commercial growth intended by the initial B-2 zoning. However, AQUA private water and sewer services do now extend to this portion of S Seabreeze Road. • 1040 & 1050 S Seabreeze Rd (Requested R-5 Portion) o 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. o The proposed R-5 parcels are intended to be developed as two conventional lots as outlined above and would be subject to the dimensional standards of the R-5 district, such as building setbacks and minimum lot sizes. o Due to the size of the lots, R-5 is the only feasible single-family residential district for 1040 and 1050 S Seabreeze Road (requested R-5 portion). o The proposed R-5 parcels would still abut existing B-2 parcels to the west. Development on commercially zoned parcels requires additional setbacks and buffers to residential. ■ Currently, those B-2 parcels are used for boat storage. Any new development would be required to comply with the UDO's standards for B- 2 zoning. Z24-21 Staff Report PB 1 1.7.2024 Page 5 of 17 Board of Commissioners - January 6, 2025 ITEM: 9 - 2 - 5 o It is anticipated that the existing commercial would ultimately be removed from the site as it could not be used for a commercial purpose if the rezoning were approved. • 1054, 1056, and 1058 S Seabreeze Road (Requested R-15 Portion 0 1054, 1056, and 1058 S Seabreeze Road were rezoned from B-2 to R-15 in 2012 for single-family residential development. Small portions remained B-2 were left on the residential lots as a buffer in case 1050 S Seabreeze Road was ever developed. o The R-15 parcels are already developed with single-family residential structures. The rezoning to R-15 would not affect those structures. • Because this is both a straight rezoning and the utilities are private, the County cannot require connection to AQUA as part of this rezoning. The applicant has stated that they intend to connect new development into this system. However, if they do not, they will have to apply for well and septic permits through New Hanover County Environmental Health. If approved, staff would encourage connections to the AQUA private water and sewer utilities. • If approved, the project would be subject to and zoning compliance review processes to ensure full compliance with all ordinance requirements. Z24-21 Staff Report PB 1 1.7.2024 Page 6 of 17 Board of Commissioners - January 6, 2025 ITEM: 9 - 2 - 6 AREA DEVELOPMENTS Z24-21 Staff Report PB 1 1.7.2024 Page 7 of 17 Board of Commissioners - January 6, 2025 ITEM: 9 - 2 - 7 TRANSPORTATION Site Access - N 4 U) M Y 1 � rn N rn Z ELM ST SEABR�� zz�RDS Primary Access: Seabreeze Rd w w STATE AV w• U s SALTSPRAY LW � a LO a pNew Hanover County NC U CURRENT CONDITIONS Given the shape and size of the existing B-2 parcels, development envelopes would be limited. However, the 0.29 acres provides Intensity of Current Zoning enough acreage for a small commercial development. Commercial development at this size could be approximately 2,440 sq ft, based on an average 8% building footprint on the site. PROPOSED ACCESS Primary Access S Seabreeze Road EXISTING ROADWAY CHARACTERISTICS Affected Roadway S Seabreeze Road Z24-21 Staff Report PB 1 1.7.2024 Page 8 of 17 Board of Commissioners - January 6, 2025 ITEM: 9 - 2 - 8 Type of Roadway Local Road Roadway Planning Capacity 4,000* (AADT) Latest Traffic Volume (AADT) 400 Latest WMPO Point -in -Time N/A Count (DT) Current Level of Congestion Available Capacity NEARBY NCDOT STIP ROADWAY PROJECTS No Nearby Projects in the State Transportation Improvement Program (STIP) TRAFFIC GENERATION Traffic Generated by Traffic Generated Potential Present Designation Proposed Impact of (small-scale commercial D Designation Proposed development) Designation AM Peak Hour Trips 5 1 -4 PM Peak Hour Trips 15 2 -13 Typical Development with Existing Conditions — 2,440 sq ft of Assumptions commercial space Proposed Development — 2 new single-family residential lots Sources Source of Trip Generation: ITE Trip Generation Manual, 11 rh 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 rezoning is located along Seabreeze Road, a local road that currently has available capacity. While Carolina Beach Road, a principal arterial highway connecting to Seabreeze, is heavily traveled, there is sufficient capacity in the immediate vicinity of Snow's Cut to support his project. Although no STIP projects are planned for this area, the proposed development would actually reduce potential traffic compared to what could be developed under existing zoning, resulting in minimal impact on current traffic conditions. *Seabreeze Road does not have a listed planning capacity. The WMPO and NCDOT use a base 4,000 vehicles per day for those road types because it is the minimum threshold necessary for NCDOT to discuss roadway capacity improvements. Z24-21 Staff Report PB 1 1.7.2024 Page 9 of 17 Board of Commissioners - January 6, 2025 ITEM: 9 - 2 - 9 ENVIRONMENTAL • These properties are not within a Natural Heritage Area. • The properties are wholly within the VE Coastal High Hazard Area, which would require elevation certificates and additional development standards as prescribed in the UDO. • While the UDO generally restricts residential density to not more than 2.5 units per acre in performance subdivisions, the proposed R-5 component of the rezoning would allow conventional residential lots, and those density maximums would not apply. • The property is located within Watershed 14 which drains to the Intracoastal Waterway. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class 1 (suitable) soils. • AQUA private water and sewer services extend to this portion of S Seabreeze Road. However, because this is both a straight rezoning and the utilities are private, the County cannot require connection as part of this rezoning. The applicant has stated that they intend to connect new development into this system. However, if they do not, they will have to apply for well and septic permits through New Hanover County Environmental Health. If approved, staff would encourage connections to the AQUA private water and sewer utilities. 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 0 dwelling units would be permitted under the current B-2 zoning base density, and 2 units could potentially be developed under the proposed zoning for an increase of 2 dwelling units. • Based on a generalized historic generation rate*, staff would estimate that the increase in homes would result in approximately 0 additional students than would be generated under current zoning. • The general student generation rate provides only an estimate of anticipated student yield as different forms of housing at different price points yield different numbers of students. • Over the past four years, staff has also seen a decline in the number of students generated by new development. Between the 2020-2021 school year and the 2023-2024 school year, total student population decreased by approximately 300 students, while over 11,000 new residential units were constructed. Z24-21 Staff Report PB 1 1.7.2024 Page 10 of 17 Board of Commissioners - January 6, 2025 ITEM: 9 - 2 - 10 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 unused commercial Approximate" Total: 0 building (0 elementary, 0 middle, 0 high) Typical Development Under 0 residential units Approximate" Total: 0 Current Zoning (0 elementary, 0 middle, 0 high) Proposed Zoning 2 residential units Approximate" Total: 0 (0 elementary, 0 middle, 0 high) *The current general student generation rate was calculated by dividing the New Hanover County public school student enrollment for the 2023-2024 school year by the number of dwelling units in the county. Currently, there are an average of 0.21 public school students (0.10 for elementary, 0.04 for middle, and 0.07 for high) generated per dwelling unit across New Hanover County. These numbers are updated annually and include students attending out - of -district specialty schools, such as year-round elementary schools, Isaac Bear, and SeaTech. **Because the student generation rate often results in fractional numbers, all approximate student generation yields with a fraction of 0.5 or higher are rounded up to a whole number and yields with a fraction of less than 0.5 are 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) Capacity of Funded or Total Enrollment of Assigned Capacity of Planned Level NHC School Assigned Assigned 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, Z24-21 Staff Report PB 1 1.7.2024 Page 11 of 17 Board of Commissioners - January 6, 2025 ITEM: 9 - 2 - 11 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. 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 Through planned growth and development, housing options. While the proposed R-5 residents have access to their basic needs. rezoning does not provide for a variety of housing types, it can aid in achieving the target of increasing the housing supply to a level of one residential unit per every two residents. One of the County's goals is to reduce the number of new residential lots created in Natural areas and critical environmental special flood hazard areas within the features are enhanced and protected. unincorporated county. This proposed rezoning would create two new residential lots in the special flood hazard area. Z24-21 Staff Report PB 1 1.7.2024 Page 12 of 17 Board of Commissioners - January 6, 2025 ITEM: 9 - 2 - 12 Representative Developments Representative Developments of B-2 (Existing Zoning) Small -Scale Commercial Development Representative Residential Developments of Seabreeze S Seabreeze Rd Z24-21 Staff Report PB 1 1.7.2024 Page 13 of 17 Board of Commissioners - January 6, 2025 ITEM: 9 - 2 - 13 Context and Compatibility • The property is located within the southern portion of the County and accessed by S Seabreeze Road, which connects directly to Carolina Beach Road, a principal arterial highway. • The subject site is located within the Seabreeze community, which served as a beach resort community for African Americans from the 1930's to the 1 950's. While the subject site is undeveloped, a few structures from this community remain within the general vicinity. • This area was the focus of the Seabreeze Small Area Plan, created in 1989. The recommendations for the area included a revitalization of the businesses and a redevelopment of the waterfront. However, this revitalization has not been accomplished since the adoption of the plan. • There is a proposed commercial development at the entrance of Seabreeze, and two other commercial rezonings were approved in this area over the past year. • The existing land uses in the area include a mix of small and large single-family dwellings and boat storage. 1054, 1056, and 1058 S Seabreeze Road were rezoned from B-2 to R-15 in 2012 to accommodate single-family development. The parcels to the west of 1040 and 1050 S Seabreeze remain zoned B-2 and are used as boat storage. • Due to the size and shape of parcels in the area, location of nearby residential, and regulations for B-2 zoned properties, commercial development of the parcels would be challenging and may require variances regardless of adjacent zoning. • While the subject properties are in the VE flood zone, development at the scale proposed by the R-5 zoning district exists in other portions of the County that share similar flood risks, namely the beach communities of Wrightsville Beach, Carolina Beach and Kure Beach. Z24-21 Staff Report PB 1 1.7.2024 Page 14 of 17 Board of Commissioners - January 6, 2025 ITEM: 9 - 2 - 14 2016 COMPREHENSIVE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County's future land use, as designated by place types describing the character and function of the different types of development that make up the community. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. LAND USE Sea6rPPz e Road S North Future Land Use GENERAL RESIDE)USE COMMUNITY MICONSERVATION Z24-21 Case Bou 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. Z24-21 Staff Report PB 1 1.7.2024 Page 15 of 17 Board of Commissioners - January 6, 2025 ITEM: 9 - 2 - 15 The B-2 zoning was originally applied to this part of Seabreeze in 1971 to encourage light commercial development in the area. The Community Mixed Use place type was applied to this area during the development of the 2016 Comprehensive Plan to support and encourage the mix of uses envisioned in the 1989 Seabreeze Small Area Plan. However, the size and shape of the parcels and lack of private water and sewer limited this development, and much of the intended commercial revitalization did not materialize. While most of the land to the west of the subject parcels remains zoned B-2, the parcels to the east and south were rezoned to R-15 in 2012 to accommodate new residential uses in the area. These parcels are currently developed as single-family homes. While this area is designated for moderate densities and mixed residential and commercial uses, the parcels in this request are within the VE Coastal High Hazard Area. Generally, lower residential densities are recommended for flood prone areas in the Comprehensive Plan to reduce the number of homeowners with higher risks of flood damage. There are several locations in the county other than the Seabreeze area, such as portions of Monkey Analysis Junction, and land near Cape Fear Community College North Campus, where higher densities and intensities are recommended for areas where flood zoned are located. Staff has historically interpreted that place type classifications seeking higher intensity and mixed uses are intended to override density limits more generally placed in flood prone areas. Flood proofing and engineering solutions could mitigate risks that might be associated with residential development. The B-2, R-15 and R-5 zoning districts are generally consistent with the Community Mixed Use place type. The proposed R-15 rezoning would allow the three existing residential lots to have a uniform zoning district rather than as split zoned parcels. The parcels would be challenging to develop with their current size and zoning, and the presence of adjacent residential zoning makes the proposed R-5 and R-15 rezoning more palatable to this particular part of Seabreeze. Because the proposed residential rezoning is not sandwiched in between commercially zoned parcels, it is able to provide a transition from the B-2 zoning to the existing R-1 5. Consistency The proposed rezoning is generally CONSISTENT with the 2016 Recommendation Comprehensive Plan because it provides housing in line with the purposes and intent of the Community Mixed Use Place Type. Z24-21 Staff Report PB 1 1.7.2024 Page 16 of 17 Board of Commissioners - January 6, 2025 ITEM: 9 - 2 - 16 PLANNING BOARD ACTION The Planning Board considered this item at their November 7, 2024 meeting. Two members of the Seabreeze community spoke in support of the request, encouraging increased residential uses in Seabreeze. The Planning Board found (6-0) that RECOMMENDING APPROVAL was CONSISTENT with the purposes and intent of the Comprehensive Plan because it provides a use in line with the Community Mixed Use place type. The Board also found RECOMMENDING APPROVAL of the rezoning request was reasonable and in the public interest because the rezoning would benefit the community by providing more housing options. STAFF RECOMMENDATION Staff's recommendation is based on policy guidance from the 2016 Comprehensive Plan, zoning considerations, and technical review. Although the County's Strategic Plan generally discourages new residential units in flood -prone areas, the proposal's consistency with the Comprehensive Plan's Community Mixed Use Place Type was also considered. Additionally, neighboring parcels to the south and east are zoned and used for residential purposes, making this proposal consistent with the area's current character. Rezoning the remaining B-2 portions of the existing R-15 parcels would also resolve existing split zoning, creating a more unified layout. 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 it provides a use in line with the Community Mixed Use Place Type. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the rezoning would benefit the community by providing more housing options. 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 it provides a use in line with the Community Mixed Use Place Type. I find recommending DENIAL of the rezoning request is reasonable and in the public interest because of the County's goal to limit residential development in flood prone areas. Z24-21 Staff Report PB 1 1.7.2024 Page 17 of 17 Board of Commissioners - January 6, 2025 ITEM: 9 - 2 - 17 Case: Site Address: Z24-21 1040 & 1050 Sea b reeze Rd 5 Existing Zoning/Use: 71 Z24-21 Case Boundary Board of Commissioners - January 6, 2025 ITEM: 9 - 3 - 1 Proposed Zoning/Use: K- 5 & R-15 R-15 N Existing Zoning B-2 R-15 Case: Site Address: Z24-21 1040 & 1050 Seabreeze Rd S Seabree2e Existing Zoning/Use: Z24-21 Case Boundary Proposed Zoning/Use: K- 5 & R-15 Future Land Use N GENERAL RESIDENTIAL COMMUNITY MIXED USE CONSERVATION Saltspray Ln Board of Commissioners - January 6, 2025 p Y ITEM: 9- 4- 1 Case: Site Address: Z24-21 1040 & 1050 Sea b reeze Rd S Site Existing Zoning/Use: Proposed Zoning/Use: K- 5 & R-15 A* N Nearby Properties Q Z24-21 Case Boundary Parcels within 510 feet Initial Application Documents & Materials Board of Commissioners - January 6, 2025 ITEM: 9 - 6 - 1 NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 1 10 Wilmington, North Carolina 28403 Telephone (910) 798-7165 FAX (9 7 0) 798-7053 plan ningdevelopment.nhcgov.com ZONING MAP AMENDMENT APPLICATION This application form must be completed as part of a zoning map amendment application submitted through the county's online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart Public Hearing Procedures (Optional) (Optional) 1 2 T 3 4 5 Pre -Application Community Application Planning Public Hearing Planning Board Board of Conference Information Submittal & Director Review Scheduling & Hearing & Commissioners Meeting Acceptance & Staff Report Notification Recom- Hearing & mendation Decision in reviewing the 1. Applicant and Property Owner Information Applicant/Agent Name Owner Name (if different from Applicant/Agent) Cindee Wolf Reference Attached List Company Company/Owner Name 2 Design Solutions Address Address P.O. Box 7221 Reference Attached List City, State, Zip City, State, Zip Wilmington, NC 28406 Reference Attached List Phone Phone 910-620-2374 Reference Attached List Email Email cwolf@lobodemar.biz Reference Attached List Board of Commissioners - January 6, 2025 Page 1 of 5 ITEM: 9 - 7 - lZoning Map Amendment Application — Updated 1 2-2020 Included Parcels: Parcel ID No. 313111.55.7790 313111.55.8673 313111.55.9672 Tax Map No. R08518-006-001-000 1040 Seabreeze Road S R08518-005-002-000 1050 Seabreeze Road S R08518-005-001-000 1068 Seabreeze Road S Catherine M Scanlon 1068 Seabreeze Road S Wilmington, NC 28409 Email: bycate(agmail.com 313111.55.9577 R08518-007-004-000 1056 Seabreeze Road S Steven & Katherine Tylee 1056 Seabreeze Road S Wilmington, NC 28409 Email: kmtyleeC@gmail.com 313111.55.6660 R08518-007-001-000 1054 Seabreeze Road S Raimond R & Kelly M Struble 1054 Seabreeze Road S Wilmington, NC 28409 Email: wells biggersmarket.com Board of Commissioners - January 6, 2025 ITEM: 9 - 7 - 2 2. Subject Property Information Address/Location 1040 & 1050 Seabreeze Rd S Parcel Identification Number(s) 313111.55.7790 & 313111.55.8673 Total Parcel(s) Acreage Existing Zoning and Use(s) Proposed Zoning Future Land Use 0.288 aC.+/- B_2 District(s) R-5 Classification Community Mixed -Use 3. Zoning Map Amendment Considerations Requests for general rezonings do not consider a particular land use but rather all of the uses permitted in the requested zoning district for the subject property. Rezoning requests must be consistent with the New Hanover County 2016 Comprehensive Plan and the Unified Development Ordinance. Zoning Map amendments reclassify the land that is subject of the application to the requested zoning district classification(s) and subjects it to the development regulations applicable to the district(s). The applicant must explain, with reference to attached plans (where applicable), how the proposed Zoning Map amendment meets the following criteria. (attach additional pages if necessary) 1. How would the requested change be consistent with the County's policies for growth and development, as described in the 2016 Comprehensive Plan, applicable small area plans, etc.? 2. How would the requested zoning change be consistent with the property's classification on the 2016 Comprehensive Plan's Future Land Use Map? Board of Commissioners - January 6, 2025 Page 2 of 5 ITEM: 9 - 7 - 3Zoning Map Amendment Application — Updated 1 2-2020 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? 4. How will this zoning change serve the public interest? Board of Commissioners - January 6, 2025 Page 3 of 5 ITEM: 9 - 7 - 4Zoning Map Amendment Application — Updated 12-2020 ewzs CT z J H i t SALTS PRAY LN Legal Description for Zoning Map Amendment for 1040 & 1050 Seabreeze Road S Beginning at a point in the southern boundary of Seabreeze Road S (SR 1531), a variable -width public right-of-way; said point being located at the northeastern corner of a parcel labeled "Lot 7-R" on a plat recorded among the land records of the New Hanover County Registry, in Map Book 66, at Page 7; and running thence from the point of beginning: South 00052'46" East, 125.25 feet to a point; thence South 89006'37" West, 74.67 feet to a point; thence North 00053'13" West, 80.28 feet to a point at the northeastern terminus of North State Avenue, a 40' unimproved, private right-of-way; thence with that right-of-way, South 88010'37" West, 35.95 feet to a point; thence North 00059'29" West, 76.39 feet to a point in the southern boundary of Seabreeze Road S; thence with that right-of-way, South 72049'22" East, 37.96 feet to a point; thence continuing with the right-of-way, Along a curve to the left, having a Radius of 750.24 feet and Length of 77.12 feet, a Chord of South 76029'32" East, 77.09 feet to the point and place of beginning, containing 12,545 square -feet, or 0.288 acres, more or less. Board of Commissioners - January 6, 2025 ITEM: 9 - 7 - 6 2. Subject Property Information Address/Location Parcel Identification Number(s) Reference Attached List Reference Attached List Total Parcel(s) Acreage Existing Zoning and Use(s) Proposed Zoning Future Land Use 0.093 ac.+/- B-2 Districts) R-15 Community Mixed -Use 3. Zoning Map Amendment Considerations Requests for general rezonings do not consider a particular land use but rather all of the uses permitted in the requested zoning district for the subject property. Rezoning requests must be consistent with the New Hanover County 2016 Comprehensive Plan and the Unified Development Ordinance. Zoning Map amendments reclassify the land that is subject of the application to the requested zoning district classification(s) and subjects it to the development regulations applicable to the district(s). The applicant must explain, with reference to attached plans (where applicable), how the proposed Zoning Map amendment meets the following criteria. (attach additional pages if necessary) 1. How would the requested change be consistent with the County's policies for growth and development, as described in the 2016 Comprehensive Plan, applicable small area plans, etc.? 2. How would the requested zoning change be consistent with the property's classification on the 2016 Comprehensive Plan's Future Land Use Map? Board of Commissioners - January 6, 2025 Page 2 of 5 ITEM: 9 - 7 - 7Zoning Map Amendment Application — Updated 1 2-2020 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? 4. How will this zoning change serve the public interest? Board of Commissioners - January 6, 2025 Page 3 of 5 ITEM: 9 - 7 - 8Zoning Map Amendment Application — Updated 12-2020 ewzs CT z J H i t SALTS PRAY LN Legal Description for Zoning Map Amendment for B-2 Zoned Strip along 1068, 1056 & 1054 Seabreeze Road S Beginning at a point in the southern boundary of Seabreeze Road S (SR 1531), a variable -width public right-of-way; said point being located at the northeastern corner of a parcel labeled "Lot 7-11" on a plat recorded among the land records of the New Hanover County Registry, in Map Book 66, at Page 7; and running thence from the point of beginning, with the Seabreeze Road S right-of-way: Along a curve to the left, having a Radius of 750.24 feet and Length of 5.10 feet, a Chord of South 79038'19" East, 5.10 feet to a point; thence South 00052'46" East, 162.44 feet to a point; thence South 89006'37" West, 84.66 feet to a point; thence North 00053'13" West, 78.01 feet to a point in the southern boundary of North State Avenue, an unimproved, 40' private right-of-way; thence with that right-of-way, North 88010'37" East, 5.00 feet to a point; thence South 00053'13" East, 39.90 feet to a point; thence North 89006'37" East, 74.67 feet to a point; thence North 00052'46" West, 125.25 feet to the point and place of beginning, containing 4055 square - feet, or 0.093 acres, more or less. Board of Commissioners - January 6, 2025 ITEM: 9 - 7 - 10 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: • $500 for 5 acres or less • $600 for more than 5 acres CAW ❑ Legal description (by metes and bounds) or recorded survey Map Book and Page Reference of the property requested for rezoning CAW ❑ One (1) hard copy of ALL documents N/A ❑ Acknowledgment and Signatures Form (if applicable) CAW ❑ One (1) digital PDF copy of ALL documents AND plans CAW Board of Commissioners - January 6, 2025 Page 4 of 5 ITEM: 9 - 7 - 1&ing Map Amendment Application — Updated 12-2020 4. Acknowledgement and Signatures I hereby certify that I am the applicant or authorized agent of the applicant, and the information included in this application is accurate to the best of my knowledge, information, and belief. I also certify that I have submitted all of the information and documentation required for this application. Further, I acknowledge that no site work can commence until all applicable approvals and permits are obtained, and that any modifications to approved or proposed plans must be reviewed by the County and may require the submittal of a new application. Signature of Applicant Signature of Applicant Catherine M. Scanlon - Owner Print Name Cynthia Wolf - Design Solutions Print Name Note: This form must be signed by the owner(s) of record, contract purchaser(s), or other persons(s) having a recognized property interest; or by a person authorized to submit the application on their behalf. If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will be calendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. Board of Commissioners - January 6, 2025 Page 5 of 5 ITEM: 9 - 7 - Boning Map Amendment Application — Updated 1 2-2020 4. Acknowledgement and Signatures I hereby certify that I om the applicant or authorized agent of the applicant, and the information included in this application is accurate to the best of my knowledge, information, and belief. I also certify that i hove submitted all of the information and documentation required for this application. Further, I acknowledge that no site work can commence until all applicable approvals and permits are obtained, and that any modifications to approved or pXsdlans must b reviewed by the County and may require the submittal of a new application. "'1 Steven & K atllerine Tylee - Owner Signature of Applicant Print Name Signature of Applicant Cynthia A Wolf ! Design Solutions Print Name Note: This form must be signed by the owner(s) of record, contract pvrchoser(s), or other persons(s) having a recognized property interest; or by a person authorized to submit the application on their behalf. if an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will be calendored 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. Page 5 of 5 Zoning Map Amendment Application — Updated 1 2-2020 Board of Commissioners - January 6, 2025 ITEM: 9 - 7 - 13 4. Acknowledgement and Signatures I hereby certify that I am the applicant or authorized agent of the applicant, and the information included in this application is accurate to the best of my knowledge, information, and belief. I also certify that I have submitted all of the information and documentation required for this application. Further, I acknowledge that no site work can commence until all applicable approvals and permits are obtained, and that any modifications to approved or proposed plans must be reviewed by the County and may require the submittal of a new application. 08� QAJ .. Signature of Applicant Signature of Applicant Raimond & Kelly Struble - Owner Print Name Cynthia Wolf / Design Solutions Print Name Note: This form must be signed by the owner(s) of record, contract purchaser(s), or other persons(s) having a recognized property interest; or by a person authorized to submit the application on their behalf. If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will be calendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. Board of Commissioners - January 6, 2025 Page 5 of 5 ITEM: 9 - 7 - Boning Map Amendment Application — Updated 12-2020 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) 313111.55.7790 & 313111.55.8673 1040 & 1050 Seabreeze Road S [R08518-006-001-000 & R08518-005-002-0001 Meeting Date and Time Wednesday, September 25, 2024 Format (Virtual, In -Person, Hybrid) Location if In -Person or Hybrid In -person w/ offer of tel. & email alternatives Dinkins Guesthouse / 1124 Seabreeze Rd S Selection Criteria for Location Adjacent to the subject properties Meeting Summary Issues and Concerns Discussed at Meeting Board of Commissioners - January 6, 2025 Page 1 of 2 ITEM: 9 - 7C-0i%unity Information Meeting Report — Approved 06-2022 List of Changes and Modifications Made to the Proposal in Response to Issues and Concerns (if no modifications were made, please explain why) It was determined that a Conditonal District was not necessary for the purpose of rezoning. Two (2) parcels exist. They can be recombined to meet all standards for the requested R-5 district, and their combined area precludes any density increase. 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 R A list of names and addresses of attendees Applicant Initial CAW R 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 R A copy of all materials distributed or presented at the meeting Acknowledgement and Signatures CAW CAW 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] December 5, 2023 . 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 10/01 /24 Date Board of Commissioners - January 6, 2025 Page 2 of 2 ITEM: 9 - 7CoAnunity Information Meeting Report — Approved 06-2022 Community Information Meeting 1040 & 1050 Seabreeze Road S Date: Wednesday, September 25, 2024 Namq Address Email (Optional) err 4- l c �G�,G I/VI�VGI � 1 �I1`7 �. Fa.Y���4Zs �d. 1�jv,.r�v�►���jta�r��- 2��O,�.���_c� &ri,.s��� a �t� ��d S-t ��- � ,E5SC�n.,3 ti 1 C� L `]- 4 i► Ri S Cate Scalon Owner bycate@gmail.com Cindee Wolf Project Planner cwolf@lobodemar.biz rkv-31IIIIIIIIIIII Board of Commissioners - January 6, 2025 ITEM: 9 - 7 - 17 PROPERTY OWNERS WITHIN A 500' PERIMETER OF 1040 & 1050 SEABREEZE ROAD S: MAILING ADDRESS CITY / STATE / ZIP BIGGS CARL LJOSSIE P 2225 ARYNESS DR VIENNA VA 22181 BOVIO ERNESTJR HOLLY 7711 COMPASS PT WILMINGTON NC 28409 BROWN CARL D VERONICA M 121 CHIMNEY LN WILMINGTON NC 28409 BROWN VERONICA S MCLAURIN 121 CHIMNEY LN WILMINGTON NC 28409 BROWN W H HEIRS 924 ROSCOE FREEMAN AVE WILMINGTON NC 28409 BRYANT CHARLES G JOHANNA 1008 S 11TH ST WILMINGTON NC 28401 BWW HOLDINGS LLC 1017 S SEABREEZE RD WILMINGTON NC 28409 CAPONE CHRISTOPHER A NATALIE 1004 S SEABREEZE RD WILMINGTON NC 28409 CAROLINA SEASIDE PROPERTIES LLC 1069 S SEABREEZE RD WILMINGTON NC 28409 COLLINS JOSEPH A SR DINEENE 7718 COMPASS PT WILMINGTON NC 28409 COOPER FREDERICK L CHERYL F 1003 ROSCOE FREEMAN AVE WILMINGTON NC 28409 DINKINS FAMILY LIVING TRUST 1017 ROSA PARKS LN WILMINGTON NC 28409 DOLEY ENTERPRISE LLC 2125 S 48TH ST STE 102 TEMPE AZ 85282 DOVE BRADLEY JENNIFER 1148 AMBER PINES DR LELAND NC 28451 FORD JOHN M CAROLS 1074 S SEABREEZE RD WILMINGTON NC 28409 FREEMAN RUBY A HARVEY E 1032 ROSCOE FREEMAN AVE WILMINGTON NC 28409 FREEMAN WILLIAM EDWARD 924 ROSCOE FREEMAN AVE WILMINGTON NC 28409 GILGAN PATRICE A 1113 ELM ST WILMINGTON NC 28409 GURGANUS DONNA M 7714 COMPASS PT WILMINGTON NC 28409 HINNANT CORDELIA A ETAL 1011 BROAD AVE GREENSBORO NC 27406 HUGGINS RENEE TANYA 9524 MADISON CREEK CONVERSE TX 78109 JONES HASSONIL 2125 S 48TH ST STE 102 TEMPE AZ 85282 JONES WILLIAM H JR KATHRYN S 3608 WOODLAWN RD ROCKY MOUNT NC 27804 JOSEY REBECCA 59 RAMBLEWOOD DR NEWBURGH NY 12550 LANDING @ SNOWS CUT BOAT FACILITY 7714 COMPASS PT WILMINGTON NC 28409 LINGERFELT NATHAN W AMANDA J 135 TIM MOORE DR HAMPSTEAD NC 28443 LOCKWOOD MELBA REV LIV TR ETAL 9524 CHASTAIN WALK DR CHARLOTTE NC 28216 LONG JASON WAYNE 1901 MARKET ST WILMINGTON NC 28403 NEW HANOVER COUNTY 230 GOV CENTER DR STE 109 WILMINGTON NC 28403 PEREZ ALAN W PATTIE L 1025 SALTSPRAY LN WILMINGTON NC 28409 PHILLIPS TERRILYN CELECIA 809 BLUEBIRD LN WILMINGTON NC 28409 POMPEY BOBBY LEE 5744 TAFT PL MERRILLVILLE IN 46410 QUINN TRAVIS L 123 CAVALIER ST WILMINGTON NC 28405 RAYNOR TODD M 8742 E REEVES BRIDGE RD LINDEN NC 28356 SANTILLI LESLIE A TRUSTEE 7707 COMPASS PT WILMINGTON NC 28409 SCANLON CATHERINE M 1068 S SEABREEZE RD WILMINGTON NC 28409 SEABREEZE STORAGE INCORP 834 S SEABREEZE RD WILMINGTON NC 28409 SMITH PAMELA ANN 5333 TRESTLEWOOD LN RALEIGH NC 27610 SNOW SHANE S ANNIE L 801 TEXAS AVE CAROLINA BEACH NC 28428 STOREHOUSE HOLDINGS LLC 315 DAWSON ST WILMINGTON NC 28401 STRUBLE RAIMOND R KELLY M 1054 S SEABREEZE RD WILMINGTON NC 28409 TAYLOR DONOVAN SR THELMA R 7600 SCOUT CAMP HATILA RD WILMINGTON NC 28409 TUCKER ELTON G TRUSTEE 165 SHELTER WOOD DR BURGAW NC 28425 TYLEE STEVEN KATHERINE 1056 S SEABREEZE RD WILMINGTON NC 28409 WELBORN BRANDON M JESSICA 1022 S SEABREEZE RD WILMINGTON NC 28409 WILLIAMS BLONIE HEIRS 11565 HAAS AVE HAWTHORNE CA 90250 WILLS INVESTMENTS LLC 7723 COMPASS PT WILMINGTON NC 28409 WILM BEACH INVESTMENT CORP PO BOX 410 CAROLINA BEACH NC 28428 WILSON ANTHONY MONICA 6114 WILLOWOOD RD KANNAPOLIS NC 28081 WINNER W W SHIRLEY A 8100 RIVER RD WILMINGTON NC 28412 WINNER WALTER WAYNE II 8100 RIVER RD WILMINGTON NC 28412 WOODELL TOMMY DEBRA 3942 W BENT GRASS DR FAYETTEVILLE NC 28312 WRIGHT DEBORAH Y BoA;99� A%,s oael-January 6, 20ACCOKEEK MD 20607 ITEM: 9 - 7 - 19 • Desigv� So�utiov�s Notice of Community Information Meeting September 14, 2024 To: Adjacent Property Owners Re: 1040 & 1050 Seabreeze Road South Cate Scanlon, your neighbor at 1068 Seabreeze Road South, also owns the two referenced properties. Both are currently zoned for business, and her intent is to petition the County for rezoning to a residential district. The two (2) parcels would be recombined, as shown on the attached sketch, but remain two (2) individual home lots. This is a notice of a community information meeting related to that rezoning request. Your property is located within a 500' perimeter of the lots. The petition would support the change from the current Highway Business (B-2) district to a Residential (R-5) district. The meeting is an opportunity for further explanation of the proposal and for questions to be answered concerning project improvements, benefits and impacts. A Conditional Zoning District in New Hanover County allows particular uses to be established only in accordance with specific standards and conditions pertaining to each individual development project & rezoning petition. Essentially, this means that only the specific use(s) and the proposed site improvements of an approved petition can be developed. An information meeting will be held on Wednesday, September 25t", 6:00 p.m., at the Dinkins Guesthouse, 1124 Seabreeze Road S. If you have comments or questions, or are not able to attend, you can also contact Cindee Wolf at Tel. # 910-620-2374, or email cwolf@lobodemar.biz. Cate appreciates your interest and looks forward to continuing to be a good neighbor and an asset to the community. P.O. 13ox 72-21, WiIoAington, NC z8406 * Telepinone: 910-620-2-374 * Email: cwolf@lobodemar.biz Board of Commissioners - January 6, 2025 ITEM: 9 - 7 - 20 Doley • i Phillips S°abr°e ze q Venue S°Uth BWW BWW Holdings Holdings IF F State Avenue �ktruble 1 ' I s Huggins Wilson Bryant Winner Williams ' y Freeman 10 .r Public Comments In Support Neutral In Opposition Board of Commissioners - January 6, 2025 ITEM: 9 - 8 - 1 Farrell, Robert From: noreply@civicpIus.com Sent: Tuesday, November 5, 2024 8:54 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; wbiddle@nhcgov.com; Doss, Amy; Dickerson, Zachary; lott@nhcgov.com Subject: Online Form Submission #15177 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 Nathan Last Name Lingerfelt Address 1000 Seabreeze S Rd City Wilmington State NC Zip Code 28409 Email n.lingerfelt(c)yahoo.com Please select the case PB Meeting - Z24-21 - Seabreeze Rd S (R-5) for comment. What is the nature of Support project your comment? Public Comment This is the perfect opportunity to convert and potentially preserve a historical property. This project promotes the continued revitalization of the already beautiful Seabreeze community in a very positive way. Upload supporting files 1 Board of Commissioners - January 6, 2025 ITEM: 9 - 8 - 2 Farrell, Robert From: noreply@civicpIus.com Sent: Tuesday, November 5, 2024 8:33 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; wbiddle@nhcgov.com; Doss, Amy; Dickerson, Zachary; lott@nhcgov.com Subject: Online Form Submission #15176 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 Steven Last Name Tylee Address 1056 S Seabreeze Rd City Wilmington State NC Zip Code 28409 Email stev5306c gmail.com Please select the case PB Meeting - Z24-21 - Seabreeze Rd S (R-5) for comment. What is the nature of Support project your comment? Public Comment I support this proposed re -zone from B-2 to R-5. I have discussed this with the applicant and am very confident that she has no intention to put any Modified High Density buildings on the parcel. The applicant has the community in mind as she makes plans for it's use. Please recommend approval of this rezone request. Thank you for the opportunity to share my opinion. 3 Board of Commissioners - January 6, 2025 ITEM: 9 - 8 - 3 Farrell, Robert From: noreply@civicpIus.com Sent: Tuesday, November 5, 2024 8:22 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; wbiddle@nhcgov.com; Doss, Amy; Dickerson, Zachary; lott@nhcgov.com Subject: Online Form Submission #15175 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 Katherine Last Name Tylee Address 1056 S Seabreeze Rd City Wilmington State North Carolina Zip Code 28409 Email kmtylee(agmail.com Please select the case PB Meeting - Z24-21 - Seabreeze Rd S (R-5) for comment. What is the nature of Support project your comment? Public Comment I support this application to rezone the subject .28 acres at 1040 and 1050 S. Seabreeze Rd from B-2 to R-5. This is the rezoning and development that I, as a member of the community here at this very end of Seabreeze Road am looking for: Residential. This property is directly adjacent to my property and I much prefer a home being built instead of a business. I have stated many times to the Planning Staff that I am not interested in living adjacent to a business of any sort. 5 Board of Commissioners - January 6, 2025 ITEM: 9 - 8 - 4 The Planning Board has stated before that we, the residents and neighbors here, need to decide what we want as community and this is what we want. We are not interested in additional lots being used as storage/parking for dumpsters, tractor trailers, boats, trailers, and even cars. This is a beautiful waterfront. Let's build it beautiful! We are not interested in Business development. The waterfront is not returning to a "working waterfront" of years past -- that idea is not even possible any longer. The folks who own the property here are no longer attached to that out -dated idea. I recognize that this flood zone area has struggled with development density issues and we will even in the future. This is not a flip-flop but an acknowledgment that this piece of property will better serve the neighbors as residential vs. business. I request that you recommend APPROVAL of this rezone request. Thank you! Upload supporting files If you need to support your comment with documentation, upload the files here. No more than 20MB in size total for all files. File types accepted are: doc, docx, ppt, pptx, txt, pdf, jpg, png. File 1 Field not completed. File 2 Field not completed. File 3 Field not completed. File 4 Field not completed. Email not displaying correctly? View it in your browser. 6 Board of Commissioners - January 6, 2025 ITEM: 9 - 8 - 5 Farrell, Robert From: noreply@civicpIus.com Sent: Monday, November 4, 2024 4:11 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; wbiddle@nhcgov.com; Doss, Amy; Dickerson, Zachary; lott@nhcgov.com Subject: Online Form Submission #15169 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 Chris Last Name Capone Address 1004 S Seabreeze Rd City Wilmington State NC Zip Code 28409 Email Field not completed. Please select the case PB Meeting - Z24-21 - Seabreeze Rd S (R-5) for comment. What is the nature of Support project your comment? Public Comment We support this project as residents of the neighborhood. 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. Board of Commissioners - January 6, 2025 ITEM: 9 - 8 - 6 Dickerson, Zachary From: Dickerson, Zachary Sent: Thursday, November 7, 2024 9:47 AM To: Farrell, Robert Subject: Fw: S. Seabreeze 1040/1050 Rezoning From: john ford <jmford139@msn.com> Sent: Monday, November 4, 2024 1:46:48 PM To: Dickerson, Zachary <zdickerson@nhcgov.com> Subject: S. Seabreeze 1040/1050 Rezoning ** External Email: Do not click links, open attachments, or reply until you know it is safe ** When we built our house at 1074 S Seabreeze Rd in 2015 the building at 1040 S. Seabreeze which is one Lot from us was being used as an illegal bar which the patrons called the Dead Rat, we complained to the Sheriffs department and was told it would close on it's own because of the homes being built. Well, it did close but not before there was a shootout on New Years Eve and thankfully to our knowledge no one was hurt, and it still operated quite a while after the shootout. The people that have built and live in the area want nothing but the best for Seabreeze and rezoning these Lots to residential will go a long way to improve the area. Thanks, John and Carol Ford 1074 S Seabreeze Rd 1 Board of Commissioners - January 6, 2025 ITEM: 9 - 8 - 7 Case #Z24-21 Rezoning Request: 0.29 acres from B-2 to R-5 & 0.09 acres from B-2 to R-15 Applicant: Cindee Wolf, Design Solutions Property Owner: Catherine M. Scanlon, Steven & Katherine Tylee, and Raimond R & Kelly M Struble Zach Dickerson Senior Planner ZONING Seat ree2e Roa aS\� 104 �� \� •1054 • 1056 Zoning ® B-2 ❑ R-15 Z24-21 Case Boundary Proposed R-15 Parcels �..`r Proposed R-5 Parcels •1068 New Hanover County N AERIAL 1 1 ® Z24-21 Case Boundary - e Proposed R-15 Parcels ec7�(jree� Proposed R-5 Parcels ,z. a Road S - 1050 1068 1 yl !g . J •ti1054 'F 1056 k e ����� New Hanover Count I Existing Site Conditions Representative Development of Seabreeze Residential Development in Seabreeze Representative Developments of Small - Scale Commercial Commercial Development in Wrightsville Beach Rezoning Request Site Access - - - �y U) rn D y co m rn rn z ELM ST z—. C n" SFgeRE Ez�RDS z Primary Access: Seabreeze Rd LU LU � El_' ATE AV STLu _ C) r u SALTSPRAY LN _M4 a� a 0. pNew Hanover County NC U ■■emu■ ■tea■■�f■�� ��aaa■�a! ■ .� 1 I r 1 ■■N■A Planning & Land Use Slide 9 Trip Generation Traffic Generated by Present Small Scale Commercial 5 AM / 15 PM Designation Development (2,440 sq ft) Traffic Generated by Proposed Designation Potential Impact of Proposed Designation R-5 portion only (2 single-family homes) 1AM/2PM -4 AM / -13 PM Student Generation Existing Development Typical Development under Proposed Zoning Unused Commercial Building Total: 0 1 Mmmr� 2 Residential Units (0 elementary, 0 middle, 0 high) Tota 1: 0 (0 elementary, 0 middle, 0 high) Strategic Plan GO) Sustainable Land Use & Envl*ronm en ta! Stewardship wired Outcomes 95h of residential units are within a 10-minute drive of heaItr Through planned growth and Connect residents to basic needs rare, childcare, grocery stores end pharmacies d evelop ment, resid ents h ave th rough a va riety of ho usi ng and access to their basic needs, transportation options. I n crease th a housi ng su pp ly to a I eve I of one resi denti a I u ni t per two residents Sustainable Land Use & En v ronm en tal Stewardship wired Outcomes Strategic Objectives ii Natural areas and critical E nsu re d evelop meet Reduce the number of new residential lots created in special environmental features are flood hazard areas within the unincorporated county enhanced and protected. compliments natural features. P Reduce bacterial contaminants in county creeks Compatibility • The properties are located within the Seabreeze Community, an area of the county that has seen several recent rezonings and interest in development. • The existing land uses in the area include a mix of small and large single-family dwellings and boat storage. • Due to the size and shape of parcels in the area, location of nearby residential, and regulations for B-2 zoned properties, commercial development on these parcels would be challenging. • Rezoning the remaining portions of B-2 on the otherwise R-15 properties would result in wholly R-15 parcels. fV 2016 Comprehensive Plan Place Type: New Hanover County Community Mixed U s e Future Land Use Map LAND USE < . L — a L EN a L� L ua The Fut— Land Use Map is no[ legally bin tl'ng W, the Nay+ Hanover County Zon ng Map ` I[-s Mended to he a general sepi-anlafan Uthe25yaar,ib in for Naw Hanover County Granted bythe c fi— wbo we Inad with Plan NHC and will he used to gods future evelopnni tl 'slops, —31i1" Sedb r e�2e Roaa S 1040 • 1050 •1056 •1068 Future Land Use GENERAL RESIDENTIAL COMMUNITY MIXED USE CONSERVATION ® Z24-21 Case Boundary Proposed R-15 Parcels Proposed R-5 Parcels Planning Board Action • The Planning Board considered this item at their November 7, 2024 meeting. • The Board voted (6-0) to recommend approval of the request, finding it consistent with the Comprehensive Plan because it provides a use in line with the Community Mixed Use place type. • The Board also found recommending approval was reasonable and in the public interest because the rezoning would benefit the community by providing more housing options. AERIAL Y. } Sea�re f 4. Z e ROaclS r 1040 • I �1050 • 1054y it 1056 iL,� '► x t •. ® Z24-21 Case Boundary ❑ Proposed R-15 Parcels Proposed R-5 Parcels 5 II i 1068 �Nm Hancvei Cou` NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/6/2025 Regular DEPARTMENT: Planning PRESENTER(S): Amy Doss, NHC Development Review Planner CONTACT(S): Amy Doss; Robert Farrell, NHC Development Review Supervisor; Rebekah Roth, NHC Planning & Land Use Director SU BJ ECT: Public Hearing Rezoning Request (Z24-14) — Request by Cindee Wolf with Design Solutions, applicant, on behalf of Polly Cribb and Shirly Norris, property owners, to rezone approximately 2.67 acres located at 6208, 6216, and 6218 Carolina Beach Road from the R-15, Residential and the B-2, Regional Business districts to (CZD) B-2 for the use of Retail Sales, General for a grocery store, and other limited uses. BRIEF SUMMARY: The applicant requests to rezone three parcels totaling 2.67 acres from R-15 Residential and B-2 Regional Business Districts to (CZD) B-2 Regional Business District. The proposal includes relocating Biggers Market to the site to develop a 16,000 square foot food market, nursery, and retail shop with a covered porch, platform, and pedestrian amenities. Stormwater management is planned to be underground beneath the parking lot, and a public access easement will be dedicated along Carolina Beach Road. The site, located along a major arterial highway currently over capacity, is expected to generate 109 AM and 188 PM peak hour trips, an increase of 71 AM and 83 PM trips compared to the current zoning. The Traffic Impact Analysis (TIA), approved on December 16, 2024, includes improvements such as the extension of nearby turn lanes, including the southbound right turn lane and U-turn lane at Carolina Beach Road and Cathay Road. Additional required improvements are outlined in the staff report, and the full TIA is available for review. A State Transportation Improvement Project (STI P) is also planned to convert the intersection of Carolina Beach Road and College Road into a continuous flow intersection. The full TIA can be viewed online here. This section of Carolina Beach Road has seen a gradual transition from residential zoning to commercial and mixed - use developments. The proposed project is intended to serve the surrounding community while acting as a buffer between the commercial corridor and neighboring residential areas. The 2016 Comprehensive Plan designates this property as Community Mixed Use, which encourages small-scale, compact, mixed -use developments that support all modes of travel and serve as hubs for both county residents and visitors. At the December 5, 2024, meeting, the Planning Board considered the application. One member recused themselves, and several members of the public spoke in support of the project. The applicants also offered to enclose the music platform on three sides, which has been included as one of nine conditions as reflected in the script and staff summary for this agenda item. The Board voted 5-0, with one recusal, to recommend APPROVAL with the nine conditions. The application was found to be CONSISTENT with the 2016 Comprehensive Plan and determined it to be an appropriate transition between the highway and nearby residential areas. Board of Commissioners - January 6, 2025 ITEM: 10 STRATEGIC PLAN ALIGNMENT: e Workforce & Economic Development o A business -friendly environment that promotes growth, agility, and collaboration. ■ Plan for the long-term needs of businesses through timely, innovative programs and community partnerships. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff's recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning considerations, and technical review. The Carolina Beach Road corridor is designated as Community Mixed Use, encouraging neighborhood -level services to reduce longer trips and provide a transition between the highway and nearby residential areas. At the Planning Board meeting the applicant discussed enclosing the music platform on three sides with a roof, which staff has included as a condition. Staff also recommends amending Condition 8 to allow an all-weather surface instead of paving, providing flexibility for potential future access. The proposed (CZD) B-2 rezoning is generally CONSISTENT with the Comprehensive Plan because the proposed mix of uses is in line with the recommendations of the Community Mixed Use place type. As a result, Staff concurs with the Planning Board's recommendation. Please refer to the script for suggested and alternative motion language. ATTACHMENTS: Z24-14 BOC Script Z24-14 BOC Staff Report Z24-14 Zoning Map Z24-14 Future Land Use Map Z24-14 BOC Mailout Map Initial Application Coker Sheet Z24-14 Application Traffic Impact Analysis Coker Sheet Z24-14 TIA Executi\e Summary Z24-14 TIA Approval Letter Concept Plan Coker Sheet Z24-14 Concept Plan Public Comments Coker Sheet Z24-14 Public Comments in Opposition 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 - January 6, 2025 ITEM: 10 BOARD OF COMMISSIONERS SCRIPT for Zoning Map Amendment Application (Z24-14) Request by Cindee Wolf with Design Solutions, applicant, on behalf of Polly Cribb and Shirley Norris, property owners, to rezone approximately 2.67 acres located at 6208, 6216, and 6218 Carolina Beach Road from the R-15, Residential and the B-2, Regional Business districts to (CZD) B-2 for the use of Food Market, Retail Sales, General, for a grocery store, 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 the proposed rezoning. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed mix of uses is in line with the recommendations of 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 act as an appropriate transition between the highway and existing residential development. Applicant Proposed Conditions: 1. Street yard landscaping will be installed along Carolina Beach Road to meet current Unified Development Ordinance (UDO) landscape requirements for commercial projects. 2. Two (2) staggered rows of Leyland Cypress or other evergreen shrub that grows to a minimum height of 15-20 feet will be planted along the rear boundary within the 35- Board of Commissioners - January 6, 2025 ITEM: 10- 1 -1 foot setback in addition to the required Type A Opaque Buffer Option 1 which required a minimum of three (3) rows of evergreen shrubs that shall be a minimum of six (6) feet in height and provide full visual opacity within one (1) year of planting. 3. No commercial or customer activity may occur within the 35-foot rear setback except maintenance and any future pedestrian access that may be provided to the adjacent Sellars Cove community as shown on the concept plan. 4. Exterior lighting including luminaries and security lighting shall be full cut-off fixtures that are directed downward in compliance with Figure 5.5.4.0 Full Cut-off Fixtures of the UDO. In no case shall lighting be directed at or above a horizontal plane through the lighting fixture. Light posts shall be no taller than twelve (12) feet. 5. Permitted uses are limited to: • Commercial Kitchen, Catering • Restaurant • Food Market • Retail Nursery • Retail Sales, General 6. A minimum 20-foot-wide public access easement shall be provided along the road front parallel with Carolina Beach Road for public bicycle and pedestrian use. 7. Significant trees shown on the concept plan shall be permanently retained. 8. The driveway access stub shown on the northern boundary of the concept plan shall be an all-weather surface extended to the property line to allow for future interconnectivity. 9. The platform shall be enclosed on three sides and with a roof so as to direct music eastward toward Biggers Market and not west toward Sellars Cove. 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 considered denied. 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 mix of uses is in line with the recommendations of the Community Mixed Use place type. I find DENIAL of the rezoning request is reasonable and in the public interest because the project does not provide an adequate transition to neighboring residential development. Board of Commissioners - January 6, 2025 ITEM: 10- 1 - 2 Alternative Motion for Approval/Denial: I move to [Approve/Deny] of the proposed rezoning to a conditional B-2 district. I find it to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] I also find [Approval/Denial] of the rezoning request is reasonable and in the public interest because [insert reasons] Board of Commissioners - January 6, 2025 ■ ITEM: 10- 1 - 3 STAFF REPORT FOR Z24-14 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z24-14 Request: Rezoning to a Conditional B-2 district Applicant: Property Owner(s): Cindee Wolf with Design Solutions Polly Cribb and Shirly Norris Location: Acreage: 6208, 6216, and 6218 Carolina Beach Road 2.67 PID(s): Comp Plan Place Type: R07900-001-01 1-000, R07900-001-010-000, Community Mixed Use R07900-001-316-000 Existing Land Use: Proposed Land Use: Commercial Kitchen for Catering, Restaurant, One Detached Single -Family Dwelling Food Market, Retail Nursery, General Retail Sales Current Zoning: Proposed Zoning: R-15, Residential and B-2, Regional Business (CZD) B-2, Regional Business . E�7 (I loom OMEN E= R-5 CZD 1 �� �N Om ENA n - SURROUNDING AREA I LAND USE ZONING North Restaurant, Retail, Single Family Residential, and the Sellars Cove Community Pool B-2, CZD R-10, and R-15 East Single Family Residential and a former plant nursery R-15 and CZD B-1 South Attached Single Family Residential CZD R-10 and R-15 West Multi -Family Residential CZD R-10 Z24-14 Staff Report PB 1 2.5.2024 Page 1 of 17 Board of Commissioners - January 6, 2025 ITEM: 10- 2 - 1 AERIAL t�- 4� .`' "� �'��� r ,� "A 620 G216 obi !lo t: p T 21 yr pp ' ,, ,.�1"~'.," r"�'..Zc01F U1Q�f :.J, 211.'-. /� y '°•^n R. } g`n !. r. Condo'Club Dive ZONING HISTORY April 7, 1971 6208, 6216, and 6218 Carolina Beach Rd initially zoned R-15 (Area 4) June 1, 1981 6208 and 6216 Carolina Beach Road rezoned to B-2 November 6, 2023 -Denied Z23-1 8 request to rezone 6218 Carolina Beach Road to (CZD) B-2 COMMUNITY SERVICES Public water and sewer are not currently available to the site. The applicant Water/Sewer has a Letter of Intent from AQUA for private water and sewer service. Public sewer may become available in the future through a sewer main extension to serve the Pierson's Pointe residential development. Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire District, New Hanover County Myrtle Grove Station Schools Bellamy Elementary, Murray Middle, and Ashley High Schools Recreation Hanover Pines Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources. Historic No known historic resources. Archaeological No known archaeological resources Z24-14 Staff Report PB 1 2.5.2024 Page 2 of 17 Board of Commissioners - January 6, 2025 ITEM: 10- 2 - 2 APPLICANT'S PROPOSED CONCEPTUAL PLAN --------- - - Future North - (is' Access Underground Stormwater - \ Sellars Cove Pool m -- D CL -0 D ``,9oo II111111111 ' —� - Covered Underground Stormwater i ------------- - - --------- - Covered Dumpster _-=- ----- Platform Market with Covered Porch Cr D n C1 t� Ln Ln m a) LA m m r+ Condo Club Drive Applicant's Concept Plan - Includes Staff Markups 0 fD 0 70 O Q. • The applicant is proposing to relocate the existing Biggers Market on Carolina Beach Road less than a mile north to a new permanent location. • The plan includes an 11,000 square foot enclosed food market and retail building with a 4,900 square foot covered porch on the northern and western sides of the building facing away from Carolina Beach Road. • The site also includes a detached covered platform behind the market, a dumpster on the southern boundary, and associated parking. Sidewalks and pedestrian crossings are included between the parking lots and market. • A public access easement is provided parallel to Carolina Beach Road for future bicycle and pedestrian infrastructure. The concept plan also includes an option for future pedestrian Z24-14 Staff Report PB 1 2.5.2024 Page 3 of 17 Board of Commissioners - January 6, 2025 ITEM: 10- 2 - 3 connectivity to Sellars Cove. A condition has been included guaranteeing the public access easement and pedestrian infrastructure as shown on the concept plan. • Two underground stormwater areas are included beneath the parking lots. A soils analysis in the application indicates the site is suitable for an underground system. Stormwater systems must be reviewed permitted by New Hanover County Engineering and the State Department of Environmental Quality (NCDEQ). • Several significant trees are identified along Carolina Beach Road and adjacent property boundaries. A condition has been included guaranteeing retention of the significant trees. • In addition to the use of Food Market and Retail Sales, General, a condition has been included limiting the allowed uses to Commercial Kitchen, Catering, Restaurant, and Retail Nursery. • Access to the site is right -in / right -out only onto Carolina Beach Road. The concept plan also includes a road stub to adjacent property to the north that could be used for future access. A Traffic Impact Analysis is currently under review by NCDOT and the WMPO. ZONING CONSIDERATIONS • The R-15 district in this area was established in 1971. At the time, the purpose of the R-15 district was to ensure housing served by private septic and wells would be developed at low densities. • Since that time, the Carolina Beach Road corridor has transitioned to higher density residential and mixed commercial districts from the Monkey Junction growth node to Halyburton Parkway. • 6208 and 6216 Carolina Beach Road were rezoned to B-2 in 1981. The purpose of the B- 2 district is to provide for the proper site layout and development of larger business uses, including big box stores and automobile dealers. It is also designed for the appropriate location and design of auto -oriented uses that meet the needs of the motoring public or rely on pass -by traffic. • In addition to the required lighting standards listed in Section 5.5 of the UDO, the applicant has included a condition limiting the height of light posts to 12 feet. • A Type A Opaque buffer is required along the northern and western property lines bordering residentially zoned parcels. In addition to the Type A buffer standards the applicant has provided a condition for two additional rows of evergreen plantings to supplement the Type A buffer requirements. • If approved, the project would be subject to the Technical Review Committee and Zoning Compliance review processes to ensure full compliance with all ordinance requirements and specific conditions included in the approval. Only minor deviations from the approved conceptual plan as defined by the UDO would be allowed. Z24-14 Staff Report PB 1 2.5.2024 Page 4 of 17 Board of Commissioners - January 6, 2025 ITEM: 10- 2 - 4 TRANSPORTATION CURRENT CONDITIONS Intensity of Current Zoning Typical development under current zoning would allow a maximum of 4 single-family dwelling units and approximately 8,000 square feet of retail space. PROPOSED ACCESS Primary Access Carolina Beach Road via a right -in, right -out only driveway EXISTING ROADWAY CHARACTERISTICS Affected Roadway Carolina Beach Road Type of Roadway Major Arterial Roadway Planning Capacity (AADT) 41,369 Z24-14 Staff Report PB 1 2.5.2024 Page 6 of 17 Board of Commissioners - January 6, 2025 ITEM: 10- 2 - 6 Latest Traffic Volume (AADT) 44,229 Latest WMPO Point -in -Time County (DT) 48,748 Current Level of Congestion Over Capacity NEARBY NCDOT STIP ROADAWAY PROJECTS - Project to convert the intersection of Carolina U-5790 —Monkey Junction Intersection Beach Road and College Road to a continuous and Roadway Improvements flow intersection. (March 20, 2029 Right-of-way acquisition _ The project includes widening Carolina Beach and utilities) Road south of the intersection of Sanders Road. TRAFFIC GENERATION Traffic Traffic Generated Potential Generated by by Proposed Impact of Present Designation proposed Designation Designation PM Peak Hour Trips 38 109 +71 Saturday Peak Hour Trips 105 188 +83 TRAFFIC IMPACT ANALYSIS (TIA) New developments that are anticipated to generate more than 100 trips during any peak hour period are required to submit a traffic impact analysis (TIA) as part of their rezoning application. A team of NCDOT, WMPO, and County planning staff work with an applicant's traffic engineers to develop the scope for the TIA, including the study area, the traffic data which must be collected, trip distribution, and the developments and background traffic growth that must be analyzed. This document is used to identify off -site transportation improvements required to mitigate the impacts of the development and must be approved by the WMPO and NCDOT. Approval Date December 16, 2024. Development Proposal 15,900 square feet of Strip Retail Analyzed - Carolina Beach Road (US 421) and Condo Club Drive (non -system) - Carolina Beach Road (US 421) and South Ridge Boulevard (non -system) Study Intersections - Carolina Beach Road (US 421) and Cathay Road (SR 1276) - Carolina Beach Road (US 421) and Site Access (right -in right -out) Z24-14 Staff Report PB 1 2.5.2024 Page 7 of 17 Board of Commissioners - January 6, 2025 ITEM: 10- 2 - 7 - 109 PM peak hour trips Trip Generation - 188 Saturday peak hour trips - Carolina Beach Road at South Ridge Boulevard on May 31, June 1, June 2, 2024 - Carolina Beach Road at Condo Club Drive on May 31, Traffic Data Collection June 1, June 2, 2024 - Carolina Beach Road at Cathay Road on May 31, June 1, June 2, 2024 - 50% to and from the north on Carolina Beach Road Trip Distribution and - 40% to and from the south on Carolina Beach Road Assignment - 10% to and from the west on Cathay Road - There are no nearby TIAs close enough to this project that would be included in the analysis. Approved Developments & - There are no committed improvements in the area. Background Growth - Full Build — 2025 - Growth Rate — 1 % per year Z24-14 Staff Report PB 1 2.5.2024 Page 8 of 17 Board of Commissioners - January 6, 2025 ITEM: 10- 2 - 8 Carolina Beach Road NB and South Ridge Boulevard - Install a traffic signal. Carolina Beach Road and Condo Club Drive - Extend existing southbound right turn lane to the northernmost Za Pie driveway. Carolina Beach Road and Cathay Road Improvements - Extend southbound U-turn lane to provide 400 feet of storage plus appropriate deceleration and taper. - Adjust signal timings. Carolina Beach Road and Site Access - The right turn lane extension required for Carolina Beach and Condo Club Drive will serve the site access. - Design site drive according to applicable NCDOT standards. SUMMARY The proposed project is located along a major arterial highway that is currently over capacity; and the Monkey Junction intersection improvement project has been delayed, with right-of-way acquisition and utility work not scheduled until March 20, 2029. Given the difference in scale between the current market, which is seasonal and did not require a TIA, and the year-round use of this new Biggers Market location on Carolina Beach Rd which did require a TIA, an increase in trips is anticipated. The applicant has had a TIA approved by NCDOT and the WMPO requiring a new signal at Carolina Beach Rd and South Ridge Blvd, and extension of turn lanes along Carolina Beach Rd. ENVIRONMENTAL • The property is not within a Natural Heritage Area or Special Flood Hazard Area. • The property is within the Everette Creek watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class I (Suitable) soils. The existing house is served by private well and septic. The applicant has a Letter of Intent from AQUA for private water and sewer service. The Pierson Point residential development is anticipated to extend a public sewer line that may also provide opportunity for future sewer connection. Z24-14 Staff Report PB 1 2.5.2024 Page 9 of 17 Board of Commissioners - January 6, 2025 ITEM: 10- 2 - 9 OTHER CONSIDERATIONS New Hanover County Strategic Plan On July 17, 2023, the Board of Commissioners adopted a new strategic plan for Fiscal Years 2024- 2028. This plan focuses on three core areas: workforce and economic development, community safety and well-being, and sustainable land use and environmental stewardship. Strategic Plan Outcomes Relevant to Proposal Analysis The strategic objective to achieve this desired outcome includes providing residents with space to accommodate Through planned growth and small businesses that support the local economy. The development, residents have proposed CZD B-2 rezoning will allow businesses that could access to their basic needs. support the surrounding community to locate in a transitional area along a major roadway corridor and in close proximity to a number of households. A business -friendly environment The plan aims to prepare for the long-term needs of that promotes growth, agility, businesses and to maintain new business growth within 2.5% and collaboration. of the state. The proposed commercial zoning district will enable new businesses. Z24-14 Staff Report PB 1 2.5.2024 Page 10 of 17 Board of Commissioners - January 6, 2025 ITEM: 10- 2 - 10 Representative Developments Representative Developments of Single Family Residential: Manassas Drive Sweet Gum Drive Z24-14 Staff Report PB 1 2.5.2024 Page 11 of 17 Board of Commissioners - January 6, 2025 ITEM: 10- 2 - 11 Representative Development of Proposed Retail and Food Market Biggers Market — Carolina Beach Road Biggers Market — Market Street Z24-14 Staff Report PB 1 2.5.2024 Page 12 of 17 Board of Commissioners - January 6, 2025 ITEM: 10- 2 - 12 Context and Compatibility • Biggers Market is currently located approximately 1 mile south at 6458 Carolina Beach Road. The market is operated out of a commercial sized tent along with accessory structures. • The rezoning request would relocate the existing Biggers Market to a permanent structure similar to their existing Market Street location. • Both locations are on Carolina Beach Road and are near existing homes. The new location would provide additional benefits such as dedicated parking areas, enhanced buffers adjacent to residential uses on the western boundary, and an enclosed building for year- round operation. • The Carolina Beach Road corridor has seen increased interest in higher density residential development such as the Towns at Market Place north of the subject site, and the Winds Ridge and Myrtle Landing Townhomes approximately one mile south. • The project proposes a condition limiting the list of allowed uses to those intended to serve surrounding neighborhood such as food market and general retail sales. • The Carolina Beach Road corridor has also seen a gradual conversion of residentially zoned parcels to commercial and mixed -use projects. As proposed, the project would serve as an appropriate transition between the Carolina Beach Road corridor and neighboring residential development. 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. 1�■■■f�1 I�L ■or ,Future Land Use URBAN MIXED USE COMMUNITY MIXED USE GENERAL RESIDENTIAL .• Z24-14 Staff Report PB 1 2.5.2024 Page 13 of 17 Board of Commissioners - January 6, 2025 ITEM: 10- 2 - 13 Future Land Use Community Mixed Use Map Place Type Focuses on small-scale, compact, mixed use development patterns that serve Place Type all modes of travel and act as an attractor for county residents and visitors. Description Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi -family and single-family residential. The property is located at 6208, 6216, and 6218 Carolina Beach Road. The Carolina Beach Road corridor has seen increased interest in commercial and higher density residential development such as the recently built Habitat Re -store and residential development Watermark, which was not approved. The Comprehensive Plan classifies the property as Community Mixed Use, which promotes a mix of residential and commercial uses intended for areas of higher growth. This type of neighborhood business is proposed along a growing commercial corridor and in front of a higher density residential development. Analysis The proposed mix of uses is limited to community level services and business uses in closer proximity to nearby subdivisions such as Sellars Cove, located in walking distance directly behind the site. Currently, Biggers Market is located approximately one mile south on Carolina Beach Rd, in a parking lot with temporary structures. The proposed relocation of the business offers an opportunity for an improved site design and safer ingress/egress onto Carolina Beach Rd. Neighborhood level services can reduce the need for additional longer vehicle trips on Carolina Beach Road and serve as an appropriate transition between the highway corridor and neighboring residential development. The proposed rezoning request is generally CONSISTENT with the 2016 Consistency Comprehensive Plan because the proposed mix of uses is in line with the Recommendation recommendations of the Community Mixed Use place type and the proposed development would act as an appropriate transition between the highway and existing residential development. Z24-14 Staff Report PB 1 2.5.2024 Page 14 of 17 Board of Commissioners - January 6, 2025 ITEM: 10- 2 - 14 PLANNING BOARD ACTION The Planning Board considered this item at their December 5, 2024 meeting where one Planning Board member recused himself. Members of the public spoke in support of the project. The Board briefly discussed how the applicant has taken additional measures beyond what is required by the County's ordinances to buffer the neighbors. The Planning Board voted (5-0 with Hansen Matthews recusing himself due to a business interest associated with one of the subject parcels) to recommend approval of the proposed rezoning with the following conditions: 1. Street yard landscaping will be installed along Carolina Beach Road to meet current Unified Development Ordinance (UDO) landscape requirements for commercial projects. 2. Two (2) staggered rows of Leyland Cypress or other evergreen shrub that grows to a minimum height of 15-20 feet will be planted along the rear boundary within the 35-foot setback in addition to the required Type A Opaque Buffer Option 1 which required a minimum of three (3) rows of evergreen shrubs that shall be a minimum of six (6) feet in height and provide full visual opacity within one (1) year of planting. 3. No commercial or customer activity may occur within the 35-foot rear setback except maintenance and any future pedestrian access that may be provided to the adjacent Sellars Cove community as shown on the concept plan. 4. Exterior lighting including luminaries and security lighting shall be full cut-off fixtures that are directed downward in compliance with Figure 5.5.4.0 Full Cut- off Fixtures of the UDO. In no case shall lighting be directed at or above a horizontal plane through the lighting fixture. Light posts shall be no taller than twelve (12) feet. 5. Permitted uses are limited to: • Commercial Kitchen, Catering • Restaurant • Food Market • Retail Nursery • Retail Sales, General 6. A minimum 20-foot-wide public access easement shall be provided along the road front parallel with Carolina Beach Road for public bicycle and pedestrian use. 7. Significant trees shown on the concept plan shall be permanently retained. 8. The driveway access stub shown on the northern boundary of the concept plan shall be paved to the property line to allow for future interconnectivity. The Board found the application to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed mix of uses is in line with the recommendations of the Community Mixed Use place type. The Board also found recommending APPROVAL of the rezoning request was reasonable and in the public interest because the proposed development would act as an appropriate transition between the highway and existing residential development. Z24-14 Staff Report PB 1 2.5.2024 Page 15 of 17 Board of Commissioners - January 6, 2025 ITEM: 10- 2 - 15 STAFF RECOMMENDATION Staff's recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning considerations, and technical review. This portion of the Carolina Beach Road corridor has been designated as Community Mixed Use. The plan proposes neighborhood level services that can reduce the need for additional longer trips on Carolina Beach Road and serve as an appropriate transition between the highway corridor and neighboring residential development. During their presentation, the applicant offered to enclose the music platform on 3 sides and with a roof. As a result, this condition has been added. Staff also reviewed the requirements of Condition 8 and recommend amending the condition from fully paved to an all-weather surface to allow additional flexibility in meeting the requirement for potential future access. As a result, Staff recommends approval of the proposal and suggests the following motion with the proposed conditions: I move to APPROVE the proposed rezoning. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed mix of uses is in line with the recommendations of 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 act as an appropriate transition between the highway and existing residential development. Applicant Proposed Conditions: 1. Street yard landscaping will be installed along Carolina Beach Road to meet current Unified Development Ordinance (UDO) landscape requirements for commercial projects. 2. Two (2) staggered rows of Leyland Cypress or other evergreen shrub that grows to a minimum height of 15-20 feet will be planted along the rear boundary within the 35-foot setback in addition to the required Type A Opaque Buffer Option 1 which required a minimum of three (3) rows of evergreen shrubs that shall be a minimum of six (6) feet in height and provide full visual opacity within one (1) year of planting. 3. No commercial or customer activity may occur within the 35-foot rear setback except maintenance and any future pedestrian access that may be provided to the adjacent Sellars Cove community as shown on the concept plan. 4. Exterior lighting including luminaries and security lighting shall be full cut-off fixtures that are directed downward in compliance with Figure 5.5.4.0 Full Cut- off Fixtures of the UDO. In no case shall lighting be directed at or above a horizontal plane through the lighting fixture. Light posts shall be no taller than twelve (1 2) feet. 5. Permitted uses are limited to: • Commercial Kitchen, Catering • Restaurant • Food Market • Retail Nursery • Retail Sales, General Z24-14 Staff Report PB 1 2.5.2024 Page 16 of 17 Board of Commissioners - January 6, 2025 ITEM: 10- 2 - 16 6. A minimum 20-foot-wide public access easement shall be provided along the road front parallel with Carolina Beach Road for public bicycle and pedestrian use. 7. Significant trees shown on the concept plan shall be permanently retained. 8. The driveway access stub shown on the northern boundary of the concept plan shall be an all-weather surface extended to the property line to allow for future interconnectivity. 9. The platform shall be enclosed on three sides and with a roof so as to direct music eastward toward Biggers Market and not west toward Sellars Cove. 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 mix of uses is in line with the recommendations of the Community Mixed Use place type. I find DENIAL of the rezoning request is reasonable and in the public interest because the project does not provide an adequate transition to neighboring residential development. Z24-14 Staff Report PB 1 2.5.2024 Page 17 of 17 Board of Commissioners - January 6, 2025 ITEM: 10- 2 - 17 Case: Site Address: Existing Zoning/Use: Proposed Zoning/Use: N Z24-14 6208, 6216, & 6218 R-15 (CZD) B-2 Carolina Beach Road n o_ oo e Site n o ° So.Uth_Ridg_ ._ a �y y Ln Oj / CO o n 105 T s GER / P- � Zoning Cormorant Vvay 0 B-1 B-2 0 R 5 0 R-10 0 R-15 CZD Bo t ommis ion anuaRd New Hanover-C unty NC :10-3-1 Case: Site Address: Existing Zoning/Use: Proposed Zoning/Use: N Z24-14 6208, 6216, & 6218 R-15 (CZD) B-2 Carolina Beach Road o` oodS �► a V i I �`��oW_Glen=Dr�o � m L IE Q V II i0 IJill V 7 YO 0 n or_ant Way LL Nearby Properties Parcels within 510 feet m Z24-14 6 f io s 20 5 �ace;/Zd Initial Application Documents & Materials Board of Commissioners - January 6, 2025 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 (TRC Optional) mendation Decision 1. Applicant and Property Owner Information Applicant/Agent Name Owner Name (if different from Applicant/Agent) Cindee Wolf Reference Attached List Company Company/Owner Name 2 Design Solutions Address Address P.O. Box 7221 City, State, Zip City, State, Zip Wilmington, NC 28406 Phone Phone 910-620-2374 910-599-2238 (Contact: Wells Struble) Email Email cwolf@lobodemar.biz wells@biggersmarket.com Board of Commissioners - January 6, 2025 Page 1 of 7 ITEM: 10- 7-donditional Zoning District Application — Updated 06-2023 Included Parcels: Parcel ID No. Tax Map No. Site Address Owner Mailing Addess 313314.24.5363 R07900-001-011-000 6208 Carolina Beach Road Polly Greene Cribb 226 Rutledge Dr., Wilmington, NC 28412 313314.24.5276 R07900-001-010-000 6216 Carolina Beach Road Polly Greene Cribb 226 Rutledge Dr., Wilmington, NC 28412 313314.24.5134 R07900-001-316-000 6218 Carolina Beach Road Shirly S Norris 6218 Carolina Beach Rd., Wilmington, NC 28412 Board of Commissioners - January 6, 2025 ITEM: 10- 7 - 2 2. Subject Property Information Address/Location Parcel Identification Number(s) 6208, 6216 & 6218 Carolina Beach Road See Attached List Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification 2.67 ac.+/- R-15 / B-2 (Residential / Vacant) Community Mixed -Use 3. Proposed Zoning, Use(s), & Narrative Proposed Conditional Zoning District: (CZD) B-2 I Total Acreage of Proposed District: 2.67 ac.+/- Maximum Residential Density (if applicable) N/A Maximum Non -Residential Square Footage (if applicable) 15,900 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 - January 6, 2025 Page 2 of 7 ITEM: 10- 7-C3onditional 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): Custom -based on Existing Location Trip Generation Use and Variable (gross floor area, dwelling units, etc.) GFA / KSF: 15,900 s.f. Proposed AM Peak Hour Trips: N/A I PM Peak Hour Trips: N/A Agreed Upon Study for Saturday Peak: Enter - 187 / Exit - 179 / Total - 365 Board of Commissioners - January 6, 2025 Page 3 of 7 ITEM: 10- 7-donditional Zoning District Application — Updated 06-2023 6. Conditional Zoning District Considerations The Conditional Zoning District procedure is established to address situations where a particular land use would be consistent with the New Hanover County 2016 Comprehensive Plan and the objectives outlined in the Unified Development Ordinance and where only a specific use or uses is proposed. The procedure is intended primarily for use with transitions between zoning districts of dissimilar character where a particular use or uses, with restrictive conditions to safeguard adjacent land uses, can create a more orderly transition benefiting all affected parties and the community at -large. The applicant must explain, with reference to attached plans (where applicable), how the proposed Conditional Zoning district meets the following criteria. 1. How would the requested change be consistent with the County's policies for growth and development, as described in the 2016 Comprehensive Plan, applicable small area plans, etc. 2. How would the requested Conditional Zoning district be consistent with the property's classification on the 2016 Comprehensive Plan's Future Land Use Map. Board of Commissioners - January 6, 2025 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 - January 6, 2025 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. CAW ❑ 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 - January 6, 2025 Page 6 of 7 ITEM: 10- 7-C7onditional Zoning District Application — Updated 06-2023 Authentisign ID: 5539E4AD-94D1-EE11.85FMO45BOD68161 ❑ Documentation on soil types and infiltration rates if underground stormwater facilities proposed CAW ❑ One (1) digital PDF copy of ALL documents AND plans CAW 7. Acknowledgement and Signatures By my signature below, I understand and accept all of the conditions, limitations, and obligations of the Conditional Zoning District zoning for which I am applying. I understand that the existing Official Zoning Map is presumed to be correct. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. If applicable, I also appoint the applicant/agent as listed on this application to represent me and make decisions on my behalf regarding this application during the review process. The applicant/agent is hereby authorized on my behalf to: 1. Submit an application including all required supplemental information and materials; 2. Appear at public hearings to give representation and comments; 3. Act on my behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of this application; and 4. Provide written consent to any and all conditions of approval. Aurh-ti. -- pDally GreertE Crihb Ertate 02/22/2 Polly Greene Cribb Signature of Property Owner(s) Print Name(s) Cynthia Wolf - Design Solutions Signature f Applicant/Agent Print Name Note: This form must be signed by the owner(s) of record. If there are multiple property owners, a signature is required for each owner of record. Note: If changes are made to the proposal after the application completeness determination that require additional staff review and vetting, the proposal will be ineligible to move forward to the intended Planning Board agenda. No changes will be accepted by staff after the applications are posted at the time of public notice. If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will RA6I9Al f 4�" 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. Page 7 of 7 Board of Commissioners - gJaR�l'P! 1B2'Sg District Application — Updated 06-2023 ITEM: 10- 7 - 8 Authentisign 10: CCC897A0-B901-EE11-85FMC45B0068161 ❑ Documentation on soil types and infiltration rates if underground stormwoter facilities proposed CAW ❑ One (1) digital PDF copy of ALL documents AND plans CAW 7. Acknowledgement and Signatures By my signature below, l 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. ��,[jA111111r, 04elG. Norr;s POA 02/22/24 Michael G. Norris POA for Shirley S. Norris Signature of Property Owner ) Print Nome(s) Cynthia Wolf - Design Solutions Signature of Applicant/Agent Print Name Note: This form must be signed by the owner(s) of record. If there are multiple property owners, a signature is required for each owner of record. Note: If changes are made to the proposal after the application completeness determination that require additional staff review and vetting, the proposal will be ineligible to move forward to the intended Planning Board agenda. No changes will be accepted by staff after the applications are posted at the time of public notice. If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will be calendored 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. Page 7 of 7 Board of Commissioners-Cjawagt,6l =Sg District Application — Updated 06-2023 ITEM: 10- 7 - 9 N. U. F TF- iL A 1A ML rl anuary 6 or. 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OWNERSHIP x4&00 J OF FENCE UNKNOWN TO I x LIVE OAK 0 I ° 41.72 �a \ AG O� LEAF LEAF PINE 13"LONE�'3 LEAF PINE\ 18"LIVE OAK ° 4282 �1 ° 4253 4265 4253 42.90 43.05 43.25 ,7 D 0 r z CONDO ' •• 9 :■ ■■.� son owes I10 [on -no DO mom VICINITY MAP NO SCALE ETA °'4'f&°' CRIBB TRACT 1SHED 1 BOOK 1043 PAGE 174 n� I z 15,085 Sq.ft. t 2-�"'- I ° 4234 x-x-x , 43.4E 16"LONGS �e ° 4&28 LEAF PINE" 0.35 Acres t --- 0 �. 0 9"HOLLY TELE ° 4205 12"LIVE OAK Q PIED4 79 1 15"LON ° 43.05 ° 42.87 12"LIVE OAK COLUMN ° "' I LEAF NE 01 " LIVE OAK ° 4249 ° ` IVE OAK 0 ° 42. PINE BLOLLY ° 42w 4&38 Z ° I 16"LIVE 427°BI 2 43, 4i 37 4315 10'LI �A�-� 42F cn _ - ------------- , GED) SOAK ER OAK 43.09 ,�- 5"CEDARO °4275OAK y ^ m ° 4a.ee S 84'S4' 34" W 400.0'8 - - - - - - 18"LI - - - ° 42.e5 _ _ - - - I I _- ° 4325 __ - - - - EASEME OAK - - - - - - - ° 47.08 1 IVE NT g oA x-_ =x-x- 10' UTILITY GE 301 43.47 c 1 ° 47f { 10"LIVE ° 4a3o OLIVE x-x-x-x-x- =N 1=-- BOOK 44 PA - - - HALT DRIVEN 4168 a I OAK x - x - x - �It�!-L1'Id1f- MAP _ - - - N ASP I ° 4a08 ° 4175 I 24 x-x_x-x-x-x_---43---- iH - - - _ - - _ - - - / ° 4255 COLUMN C /�- ° 4272 42s5 I / n 77 L7"CE AR \ /\I _ - - - - - - - ° 4299 9/13"DBL 13"CEDAR 0 I / ;0° �� - - - - - CEDAR ° 42� / SIGN 0 I - - - I ° 42.54 d 4273 �� : - _� " --- I ------- _-- i °42s3 va 12"WILLOWO I �Q 0 - _ - - ° ° ° ° ° ° ° 4 OAK // i WOE 4k97 ° 43.E v �ARAGE ° _ 7/8/9/10"QUAD / 0 r 43.42 ° "'' 12"CEDAR 0 43 01 ° 4264 I 1 I STORAGE ° FFE= o, ° ° ° a WILLOW OAK 4A00 Z I� I mSHED 4299 d2-� I-100 D °42 ° v d ° ° °` 3 Drn 1 I \ I ° 42s3 4 ° 4279 4 G--_____� I m Z I N I ° 42 / / w I � T II II a2ee 42 13"LIVED v ° v WILLOW OAK 0 I O 1 OAK 12"LIVE 0 I z UTILITY STATEMENT I ; ` STORAGE , ° ° 9,° l'VNC. 4 8/11"DBL WELL4327 OAK I MAILBOX THE UNDERGROUND UTILITIES SHOWN HAVE BEEN LOCATED I ► \ FROM FIELD SURVEY INFORMATION AND EXISTING DRAWINGS. i I I ONE STORY , 41 X19AD ° 4a26 ° CEDAR 0 HOUSE 4&44 I ° 449 N O R R I S\ TRACT WOOD FRAME 1 ° ° 4/5/6/9- THE SURVEYOR MAKES NO GUARANTEES THAT THE UNDERGROUND I I I \ \ / / FFE=43.03 i D REDIVISION OF 'TRACTS FOR � v 4 v ° 43'37 QUAD WILLOW 44•S9 UTILITIES SHOWN COMPRISE ALL SUCH UTILITIES IN THE 1 I I I 96147 ° ° � 16"WILLOW OAK � I THOMAS L. SELLA S SR. and ► law «�- I AREA, EITHER IN SERVICE OR ABANDONED. THE SURVEYOR I I I SHIRLEY SELLARS\�NORRIS v ° I----a_r�a„p�,� OAK O ° 4185 44 PP W/" FURTHER DOES NOT WARRANT THAT THE UNDERGROUND UTILITIES 1 ° 86CEDARR TRACT 1 - 1.63 ACKS +/- �/ ° ,389 ° ° 4 4o1,r °NP=a°v7- oNv I W GUY SHOWN ARE IN THE EXACT LOCATION INDICATED ALTHOUGH �51. °7 08"CEDAR _ ° - ow OW CHAIN _ K FENC x 9"WILLOW I 01�s,,,,_ HE DOES CERTIFY THAT THEY ARE LOCATED AS ACCURATELY I ° x x x �° f�1b°D; 0 I a� AS POSSIBLE FROM INFORMATION AVAILABLE. THE SURVEYOR i 1 1 \\ 017"WATER ° 4 °4 4 , ° 4P.37 ° 44•34 ° 4430 44,20° 4 ° ° ° OAK ��� HAS NOT PHYSICALLY LOCATED UNDERGROUND UTILITIES. I 1 IZ ` �\ OAK cp ° ° 6'IC A l0 1 ° POOL ° 5/5( DBL A 4" 6"MAGNOLIA IW 1 ` 20"WILLOW Y I MAGN4 44. 4 44.6 I 8OAK J -1 -4 v 44. `&� 9"WILLOW y� 92 ° LEGEND I I 1 OAK Z v -4 -14 44.88 4.,i�/� EIR EXISTING IRON REBAR I 1 i \ _ or- ax-x a x� x 99 ° +° EIP EXISTING IRON PIPE I 1 I ° 44.83 U 44.1 +/ ONE STORY 46. 45.1 R/W MON RIGHT OF WAY MONUMENT i �i ° 44 '59---_____� 27 -WOOD F � � ° 4& - PP POWER POLE I �' \ _ FFE 46 I I OHP OVERHEAD POWER "0° `6 4M_ L �^.I r 6 16"WI �\ _--�_- L47.zz\ � I NOW OR FORMERLY . ° I ° 4°•48 � 5"HOLLY � 9� � \ I SELLARS COVE COA INC 9/13"DBL 0 �,q1 (DAMAGED) \ BOOK 5509 PAGE 499 1 I \\ OWILLOW OAK I ' SURVEY REFERENCE \ _ _ _ - - _ _ - ������ BOOK PAGE 4021 PAGE 619 I �� CEDAR 46.77 0 46'74 ° 47.17 /��Q \\ I 1 MAP BOOK 44 PAGE 301 i I � CLUSTERas V\ 4553 CONDO BOOK 17 PAGE 333 I I j \\\ \�� ° ° 4&69 / --- -- 7 9/9/11/15" �_�' i \ 0 PP QUAD WILLOW-__- \ ° 45.68 OAK ° 4&528/1 \� I 1 1------------- _�-- 16"WILLOW __ " CATV © .3, ° 4.79 \�----------------- LIVE DBL 0 OA 5/8/12 TRP 9/9"DBL' ° 47 ED GRAPHIC SCALE: 1 =20 I \� 16/16"DBL ° 47.71 LIVE OAK __�- - ____� WILLOW OAK 0 019"CEDAR C;FDDAf� - - C UMN 0 LOBLOLLY ____- - - - _ - 47. PEAR DFI R \ ° 46.39 PINE _ - 12"MAGNOLIA �O -__- 9/11"DBL 7/11"DBL OAK LLOW __--_--_-- LOW �\O� �SIGN 45n 0 20 40 60 80 I ° 46.53 __--47------- _ WILLOW OAKO 0--------- ° 49.80 OA I ---- ---_ 12"WILLOW 10"LIVE - - -WILLOW 0 - / 4s7s BOUNDARY TREE AND TOPOGRAPHIC SURVEY li �\ ° 47A0 _�� 12"WILLOW OAKx- - OAK - FENCE--------49--_ °-5 -_== _=-- ' i 1 91 CHAIN _ - 1 \\\ ____�}8- 0 OAK ----_-__------ ° 51.50 1 NORRIS TRACT CRIBB TRACT 1 CRIBB TRACT 2 ;1 �I \ \� ___ ---N 84•�0'29" E 407.66' °`°°� REDIVISION OF TRACTS FOR BOOK 1043 PAGE 174 BOOK 1043 PAGE 174 --- THOMAS L. SELLARS, SR. and 15,085 Sq.ft. t 29,898 Sq.ft. f SHIRLEY SELLARS NORRIS 0.35 Acres t 0.69 Acres t TRACT 1 - 1.63 ACRES +/- FEDERAL POINT TOWNSHIP NEW HANOVER COUNTY NORTH CAROLINA CLIENT: DESIGN SOLUTIONS ATTN: CINDEE WOLF 107 STOKLEY DRIVE, UNIT 104 WILMINGTON, NC 28403 MICHAEL UNDERWOOD and ASSOCIATES, PA 102 CINEMA DRIVE, SUITE A SURVEYED: APPROVED: WILMINGTON, NC 28403 PHONE: 910-815-0650 DRAWN BY: TBM DATE: JULY. 2 E-MAIL: mua-office®mua-pa.com Firm License # C-0615 I: \Carlson Buddy 2019\1`1nal Surveys\6218 Carolina Bead 51.30 NORTH CAROLINA COUNTY I, MICHAEL N. UNDERWOOD, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE 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 PLA " STANDARDS F CAROL NA" WIT ESS PRACTICE MY ORGINAL SIGNATURE, INp� fH NUMBER AND EA������BLOF�CT�T� A.D.' R CONVEYANCE - - -- GG ° I Incc ao -52.51 ---------� I i w 50.34 _--- ------ --_--- ---''- ° 50.20 II � 51----_---43--- -_51 ____ __--�- ° 50.40 rn 50.82 NOW OR FORMERLY - /� SELLARS COVE COA INC BOOK 5509 PAGE 499 BEAU F\ R ' MICHAEL N. UNDERWOOD, P.L.S. (PRIVATE) LICENSE NUMBER L-2962 SEAL OR STAMP © 2023 MICHAEL UNDERWOOD and ASSOCIATES, PA Legal Description for Conditional Zoning District 6208, 6216 & 6218 Carolina Beach Road Beginning at a point in the boundary of Carolina Beach Road (N.C. Highway 421), a 160' public right-of-way; said point being at the southeastern corner of "Tract 1" on a division of lands for Thomas L. Sellars, Sr. and Shirley Norris Sellars, recorded among the land records of the New Hanover registry in Map Book 44, at Page 301; and running thence from the point of beginning: South 84010'29" West, 407.66 feet to a point; thence North 03016'29" West, 178.89 feet to a point; thence North 8405434" East, 99.71 feet to a point; thence North 05009'36" West, 149.70 feet to a point; thence North 84048'00" East, 299.14 feet to a point in the western boundary of Carolina Beach Road; thence with that right-of-way, South 05048'19" East, 100.05 feet to a point; thence continuing with the right-of-way, South 05016'59" East, 50.23 feet to a point; thence continuing with the right-of-way, South 05042'31" East, 173.58 feet to the point and place of beginning, containing 2.67 acres more or less. Board of Commissioners - January 6, 2025 ITEM: 10- 7 - 13 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) 6208, 6216 & 6218 Carolina Beach Road (Reference Attached List) Meeting Date and Time Thursday, February 22, 6.00 p.m. Format (Virtual, In -Person, Hybrid) Location if In -Person or Hybrid In -person w/ info provided for alternative contact if not able to attend Best -Western Plus / 5600 Carolina Beach Rd Selection Criteria for Location Proximity to the subject project site Meeting Summary Issues and Concerns Discussed at Meeting Board of Commissioners - January 6, 2025 Page 1 of 2 ITEM: 10- 7C-.i nunity Information Meeting Report — Approved 06-2022 List of Changes and Modifications Made to the Proposal in Response to Issues and Concerns (if no modifications were made, please explain why) Report Attachments All of the following items must be submitted as part of the required community information meeting report in addition to this form. Checklist Applicant Initial ❑ A list of names and addresses of attendees ❑ A list of the names and addresses of invitees and copies of any returned mailings received to date ❑ A copy of the mailed notice with all attachments ❑ A copy of all materials distributed or presented at the meeting Acknowledgement and Signatures By my signature below, I hereby certify that written notice of the community information meeting as described above was mailed and/or personal delivery to property owners withing 500 feet of the subject site as set forth on the attached list, by first class mail on [DATE] . A copy of the written notice is also attached. I also herby certify that the meeting summary and list of attendees is accurate and representative of the proceedings at the community information meeting. Cynthia A. Wolf / Design Solutions Signature of Applicant or Applicant's Agent Print Name 03/04/24 Date Board of Commissioners - January 6, 2025 Page 2 of 2 ITEM: 10- 7C-Oij%unity Information Meeting Report — Approved 06-2022 Community Information Meeting Biggers Market / 6208, 6216 & 6218 Carolina Beach Road Date: Thursday, February 22, 2024 Name Address Email (Optional) Robert Campbell Q , Unit 210 - Sellars Cove Phone-in comment Maria McCauley Z,10 Unit Sellers Cove maria.mccauley4122@gmail.com te_w uL ar�b\ems C ��019 J�x" !4e gil- ink 0 �1A�«x q 11 lop evr rev ri�i/s 'S dry C Mr4(L r14- t rV 17 'rn I/ e! � 1 � a-4 f U.O Y 17— eVC4 {- . ✓l t 41 3 �I % CO P&t 5uhn� t M t tCv G �S ,Ado C(ub D� 61 u b D��b (0 ks cxsv- Q z at -Lb Z Q 10 Wl�'n 3Z� O ct �t o o . Sven Wallin Biggers Market sven@biggersmarket.com Wells Struble Biggers Market wells@ biggersmarket.com Cindee Wolf Project Planner cwolf@lobodemar.biz Board of Commissioners - January 6, 2025 ITEM: 10- 7 - 16 moiWobodemar.biz From: cwolf@lobodemar.biz Sent: Friday, February 16, 2024 11:46 AM To: 'Shannon Bresnahan' Cc: 'Wells Struble'; 'Sven Wallin' Subject: RE: Support for Biggers rezoning request Thanks so much for the kind words of support. The present intent is to submit the zoning petition, after the community information meeting, by March V. It would assumedly then be scheduled for a public hearing by the Planning Board in April, and hopeful final approval by the Commissioners in May. There is a County link for comments on agenda items prior to those hearings. The public can log on and offer input — without necessarily needing to come to the meetings. I am logging all of the contacts being made since the announcement hit the media. I would be happy to keep you informed through the process? Regards, Cindee wolf Tel. 910-620-2374 From: Shannon Bresnahan <shannon.m.bresnahan@gmail.com> Sent: Friday, February 16, 2024 11:29 AM To: cwolf@lobodemar.biz Subject: Support for Biggers rezoning request Hi Cindee, I read in Port City Daily about the rezoning request to help Bigggers expand to a larger and more permanent space on Carolina Beach Road. I live in the Tidalwalk neighborhood nearby the current Carolina Beach Road Biggers location and find it to be an absolutely wonderful addition to our neighborhood. I often drive out to the Market Street location to enjoy your music events with my young family, and would be delighted to have those kinds of amenities available on Carolina Beach Road in the future. What is the best way for neighbors like me to show our support of your rezoning request? Good luck with the next steps! Shannon Bresnahan 1 Board of Commissioners - January 6, 2025 ITEM: 10- 7 - 17 moiWobodemar.biz From: Sarah Finn <sarah.finn09@gmail.com> Sent: Friday, February 16, 2024 1:41 PM To: cwolf@lobodemar.biz Subject: Biggers Market I am so excited about the potential expansion and permanent market on CB Road!! We visit this market every week through the open season, and I'm always sad when it's time for it to close for the the winter. It is one of my 4yo daughter's favorite places to go; she loves the atmosphere, sampling fresh fruit, and helping us shop for fresh veggies while dancing to the music they play. A permanent market in this area would be incredible and we would be frequent visitors!! I'd love to see more information about what will be presented at the public meeting. I won't be able to attend. Best, Sarah Finn Carolina Beach resident Sent from my iPhone 1 Board of Commissioners - January 6, 2025 ITEM: 10- 7 - 18 From: cwolfCablobodemar.biz To: "Lori Goldbera" Subject: RE: Biggers Expansion Date: Thursday, February 15, 2024 2:08:00 PM No — it will not. Currently, Biggers simply leases the seasonal space from the Seaview ownership. The project proposal is to re -locate Biggers to their own property —just South of Za Pizza. From: Lori Goldberg <goldbergl1986@gmail.com> Sent: Thursday, February 15, 2024 2:01 PM To: cwolf@lobodemar.biz Subject: Biggers Expansion Hello, I live near the proposed expansion site. While I like Biggers, I like the Seaview Crab Company more. Does the proposal by Biggers Market impact the location of Seaview Crab Company which is in the same area? Please advise. Regards, Lori Goldberg Board of Commissioners - January 6, 2025 ITEM: 10- 7 - 19 moiWobodemar.biz From: Don <djones7142@charter.net> Sent: Saturday, February 17, 2024 11:09 AM To: cwolf@lobodemar.biz Subject: Biggers Hope this project gets approved. The Carolina Beach Road market has been a great source of fine produce for our family. Sent from my iPhone 1 Board of Commissioners - January 6, 2025 ITEM: 10- 7 - 20 moiWobodemar.biz From: Wells Struble <Wells@biggersmarket.com> Sent: Friday, February 16, 2024 10:52 AM To: maria.mccauley4122@gmail.com Cc: Sven Wallin; cwolf@lobodemar.biz Subject: Re: FW: Proposed Biggers Market Hi Maria, My name is Wells Struble. I am one of the 3 partners that own Biggers Market. I appreciate you reaching out and thanks for sharing your concerns. We are really excited about the potential plans for this new location. Although, it will be a multi -year project for us before we get open. Sorry you won't be able to attend our meeting. I have responded to your questions below in red. Respectfully, Wells On Fri, Feb 16, 2024 at 7:47 AM <cwolf@lobodemar.biz> wrote: Wells, Could you please address Ms. McCauley's questions? From: Maria McCauley <maria.mccauley4122@gmail.com> Sent: Thursday, February 15, 2024 3:13 PM To: cwolf@lobodemar.biz Subject: Proposed Biggers Market Hello and good afternoon, My name is Maria and I am a condo owner at Sellers Cove adjacent to your possible new Biggers Market location. I will not be in town for the meeting on 02/22/24 and would just like some information. First I am happy to see a market this close and within walking distance of my complex and I have shopped at both of your current locations in the past and enjoyed them. Purchased some good produce every time I shopped there. 1 Board of Commissioners - January 6, 2025 ITEM: 10- 7 - 21 From: Gregory Strickland To: cwolfC&lobodemar.biz Subject: Biggers Market Date: Friday, February 16, 2024 7:45:05 AM Just wanted to say how pleased my wife and I are that Biggers is planning to expand its operation in the southern part of the county. We hope that it will be well received by the local community. Greg Strickland Myrtle Grove Sent from my iPad Board of Commissioners - January 6, 2025 ITEM: 10- 7 - 22 Questions: Will the building be more than a tent or with walls at this location? Yes, this will be a more substantial building. Similar to our location on Market Street, but will also have some interior retail floor space that will allow customers to come inside. Our Market Street location is 100% outdoor. Will the parking area depicted with the letter be black top or dirt parking area? This is going to be up to zoning and engineering and what the requirements are. To save money and have more pervious land, we would like to do a mix of gravel parking spots and paved(black-top) driveway isles. There will certainly be significant provisions made for stormwater based on our impervious surface calculations. Will there be exterminator(s) means used for vermin control in and around the property? Having run two small restaurants I know that food and vermin unfortunately go together. 100%. Yes, we have exterminators at our current locations also. Will this be an all year around business or closed part of the year? So currently, our Market Street location is open from mid -March thru Christmas. We close completely from Christmas to Mid -March. This is for a few reasons. Mostly because that location is 100% outdoor shopping experience, so people don't want to be out in the cold. Also, there is a lack of available produce. This new location in front of Sellars Cove will have a portion of indoor retail area. So our hope is that we can stay open during the winter in some limited capacity. Over the years we have built a growing team of "career" staff members along with our part-timers that come and go with college, etc. So, when we close in the winter it is challenging for us to keep our career people around and paid. Having a year round operation would be better in that regard too. What will your daily hours be? We are planning for them to be similar to our Market Street location. Changes seasonally, but generally 9am-7pm for the retail shopping and then weather depending the bar/food sticks around till 9pm. Will there be dumpsters for trash on site and away from other surrounding areas and enclosed with a fence or something else? Yes, this is code now -a -days for new development. Dumpsters require a concrete pad under them and an enclosure with gates. Thank you for your time. Maria 2 Board of Commissioners - January 6, 2025 ITEM: 10- 7 - 23 WE ADJACENT PROPERTY OWNERS WITHIN 500' PERIMETER OF 6208, 6216 & 6218 CAROLINA BEACH ROAD: ADJACENT PROPERTY OWNER ADDRESS CITY / STATE / ZIP AFETSE MARTHA 645 CONDO CLUB DR #208 WILMINGTON NC 28412 ALLEN BRENDA 6201 CAROLINA BCH RD WILMINGTON NC 28412 ALLEN GREGORY K JULIE A 6205 CAROLINA BCH RD WILMINGTON NC 28412 ANDERSON JESSE J 6140 CAROLINA BCH RD #26 WILMINGTON NC 28412 ANDO PAUL J III JANET E 434 PRINCETON AVE BRICK NJ 08724 BALDWIN HESTER M 632 CONDO CLUB DR #108 WILMINGTON NC 28412 BASS HOMER F BETTY B 706 BELLE MEADE AVE STATESVILLE NC 28677 BAUGHMAN DONNA S ETAL 645 CONDO CLUB DR #207 WILMINGTON NC 28412 BENJAMSON CATHERINE E 618 CONDO CLUB DR #103 WILMINGTON NC 28412 BENNETT MICHAEL E ETAL 645 CONDO CLUB DR #311 WILMINGTON NC 28412 BENTZ REBECCA 645 CONDO CLUB DR #202 WILMINGTON NC 28412 BKING PROPERTIES LLC PO BOX 116 MORRISVILLE NC 27560 BOWDEN DAVID 632 CONDO CLUB DR #206 WILMINGTON NC 28412 BUDZISZEWSKI MICHAEL KAREN 618 CONDO CLUB DR #304 WILMINGTON NC 28412 BULLOCK BRANDON G 644 MEAKANU LN APT 1906 WAILUKU HI 96793 BURT ROBERT L JANE E 3620 BUTTON BUSH CT SOUTHPORT NC 28461 CAMBER JAMES E 645 CONDO CLUB DR #105 WILMINGTON NC 28412 CAMPBELL ROBERT A JR 510 SEAVIEW RD WILMINGTON NC 28409 CANTWELL BETH ETAL 618 CONDO CLUB DR #303 WILMINGTON NC 28412 CATANZARO JAM IE A 632 CONDO CLUB DR #207 WILMINGTON NC 28412 CHIPRUT DAVID 632 CONDO CLUB DR #304 WILMINGTON NC 28412 COASTAL EAST PROPERTIES LLC 5700 OLEANDER DR WILMINGTON NC 28403 CONNOLLY JOHN M HEIRS 632 CONDO CLUB DR #201 WILMINGTON NC 28412 COPENHAVER BARBARA A 6203 CAROLINA BEACH RD WILMINGTON NC 28412 CORTESE SANDRA A ETAL 645 CONDO CLUB DR #102 WILMINGTON NC 28412 CROSS DIANA B ETAL 9581 SHORE DR #8 MYRTLE BEACH SC 29572 CRUESS ELIZABETH ANN 618 CONDO CLUB DR #201 WILMINGTON NC 28412 CRUMPLER ANGELA S 6629 GLENVIEW GARDEN PL CARY NC 27511 DAWSON DANIELS 632 CONDO CLUB DR #306 WILMINGTON NC 28412 DENNY PHYLLIS 645 CONDO CLUB DR #101 WILMINGTON NC 28412 DEPAUL KENNETH E DEBORAH J 3312 ROXBURY DR WAKE FOREST NC 27587 DIAZ TOMAS ROBERTA L TRUSTEES 202 CANDLENUT LN SMITHFIELD NC 27577 DOTSON DANIEL SARAH PO BOX 24481 LEXINGTON KY 40524 ERVIN WILLIAM H SANDRA L 4613 S OCEAN BLVD UNIT 9A NORTH MYRTLE BEACH SC 29582 FERRARA MELANIE 645 CONDO CLUB DR #206 WILMINGTON NC 28412 FRAGOS GROUP LLC 5312 BELLWOOD CT WILMINGTON NC 28412 GALIOTO PETER JR Bo%cigf tON06S&TR D*nuary 6, 2025 WILMINGTON NC 28412 ITEM: 10- 7 - 25 GENTRY DIANE 632 CONDO CLUB DR #310 WILMINGTON NC 28412 GRAVES MICHAEL RICHARD 632 CONDO CLUB DR #106 WILMINGTON NC 28412 GRIMES CHARLES FAMILY TRUST 303 VANDERBILT RD ASHEVILLE NC 28803 H & H FAMILY LTD PARTNERSHIP 709 CROWS NEST CT WILMINGTON NC 28409 HALLGREN KATHY HEIRS 645 CONDO CLUB DR #201 WILMINGTON NC 28412 HARRIS ERIC C JAM IE S 632 CONDO CLUB DR #205 WILMINGTON NC 28412 HARRIS PAULT 618 CONDO CLUB DR #207 WILMINGTON NC 28412 HASTY MICHAEL B ETAL 6140 CAROLINA BCH RD #24 WILMINGTON NC 28412 HENDRICKS BETTY 645 CONDO CLUB DR #309 WILMINGTON NC 28412 HOOKS KERI C 632 CONDO CLUB DR #307 WILMINGTON NC 28412 HOPKINS GNEEDA GLASS 618 CONDO CLUB DR #302 WILMINGTON NC 28412 HUNT SHAUNTA NICOLE 632 CONDO CLUB DR #109 WILMINGTON NC 28412 JOHNSON LARRY 0 JR TRACI M 7036 ORCHARD TRACE WILMINGTON NC 28409 KELLOGG CHRISTOPHER A 730 CATAMARAN DR WILMINGTON NC 28412 KELLY STEVEN L 618 CONDO CLUB DR #202 WILMINGTON NC 28412 KIDD JONATHAN 645 CONDO CLUB DR #104 WILMINGTON NC 28412 LAWLOR RICHARD F CAROL ANN 336 HOLLOW VIEW MANHEIM PA 17545 LEITTER EDWARD Y SANDRA R 8923 SHIPWATCH DR WILMINGTON NC 28412 LENDINO STEVEN T 59 POULTS PL ROCKY POINT NC 28457 LEONARD DAN LISA 1022 WATERVIEW CT CAROLINA BEACH NC 28428 LEWIS IRA L BARBARA C 5009 PERTH DR WILMINGTON NC 28412 LEWIS PEGGY LEONARD REV TRUST PO BOX 12226 WILMINGTON NC 28405 MARSHBURN ELIZA PO BOX 15261 WILMINGTON NC 28408 MARTIN ALVIN L J R 632 CONDO CLUB DR #305 WILMINGTON NC 28412 MCCAULEY MARIA 9064 ALLURING AVE LAS VEGAS NV 89149 MCDANIEL LINDA A ET AL 134 RICE MARSH WAY WILMINGTON NC 28412 MCGRATH COLIN MARILYN 100 PERIWINKLE LN CAROLINA BEACH NC 28428 MICHEL HASHIM TRUSTEE 2726 CEMETERY RD SANFORD NC 27332 MIDDLE SOUND INVESTMENTS INC 7627 MARKET ST STE 3 WILMINGTON NC 28411 MIRESSI JOSEPHINE F HEIRS 6241 CAROLINA BEACH RD WILMINGTON NC 28412 MOOREFIELD SUSAN B TRUSTEE PO BOX 15396 WILMINGTON NC 28408 MYERS RUTH A ETAL 618 CONDO CLUB DR #111 WILMINGTON NC 28412 NELSON MARY CATHERINE 208 FOXTAIL DR APT G3 WEST PALM BEACH FL 33415 NEUBAUER WALTER G SR ETUX 645 CONDO CLUB DR #305 WILMINGTON NC 28412 NEW HANOVER COUNTY 230 GOV CENTER DR STE 109 WILMINGTON NC 28403 NUTZ & BOLTZ VENTURES LLC 7508 CHAMPLAIN DR WILMINGTON NC 28412 OGDEN JAMES ANNELLA LIV TRUST 4113 BREEZEWOOD DR APT 102 WILMINGTON NC 28412 OSBORNE ROBERT L 6140 CAROLINA BCH RD UNIT R WILMINGTON NC 28412 OTT PARKER E 645 CONDO CLUB DR #310 WILMINGTON NC 28412 OUIMETTE HELAINE A ETAL 645 CONDO CLUB DR #106 WILMINGTON NC 28412 PARENTI CELESTE A Bojjgf 69Mpig&yk DJRa 994 6, 2025 WILMINGTON NC 28412 PARIS DANETTE 645 CONDEKC-0U$7DFOff209 WILMINGTON NC 28412 PASSANTE ANGELO T 435 OSBORN AVE RIVERHEAD NY 11901 PIEDMONT COMPANIES INC 2671 E MAIN ST LINCOLNTON NC 28092 PITTS TAMMI R 6207 CAROLINA BEACH RD WILMINGTON NC 28409 POLLOCK JEREMY E DEBRAJ 632 CONDO CLUB DR #107 WILMINGTON NC 28412 POVIA DONALD M DONNA A 218 N SAYBROOK AVE TRENTON NJ 08619 PPC VENTURES LLC PO BOX 12226 WILMINGTON NC 28405 REVELL KATHLEEN D 632 CONDO CLUB DR #105 WILMINGTON NC 28412 RICE DENNIS RUTH ETAL 575 EDEN DR ENGLEWOOD FL 34223 RIPLEY MARK JANE 270 N HALEDON AVE HALEDON NJ 07508 ROBINSON SHONDA LATOYA PO BOX 771432 SAINT LOUIS MO 63177 ROSEMAN MICHAEL 320 BORS RUN #101 WILMINGTON NC 28403 SALERNO ANNE ETAL 645 CONDO CLUB DR #307 WILMINGTON NC 28412 SALMI LORI M 645 CONDO CLUB DR #303 WILMINGTON NC 28412 SAPP ANGELA M ETAL 12327 TERRICK CT CHARLOTTE NC 28273 SCUFFLE JUSTIN K ET AL 533 BUBBLING CREEK RD WILMINGTON NC 28412 SEIVERT BRITTON SAMANTHA ETAL 618 CONDO CLUB DR #106 WILMINGTON NC 28412 SELLARS COVE COA INC PO BOX 1124 CAROLINA BEACH NC 28428 SELLARS COVE COA INC 609 PINER RD #124 WILMINGTON NC 28409 SGUEGLIAJOHN J JOANNE B PO BOX 1066 CAROLINA BEACH NC 28428 SHAFER JAMES M SUSAN P 301 GREENWICH LN WILMINGTON NC 28409 SOSA CYNTHIA F STEVEN V JR 6354 RANNOCK DR FAYETTEVILLE NC 28304 SPOT GIRL LLC 305 SCOTTSDALE DR WILMINGTON NC 28411 STAMBAUGH MICHAEL A ETAL 618 CONDO CLUB DR #111 WILMINGTON NC 28412 STRICKLAND BILLY M PO BOX 189 CAROLINA BEACH NC 28428 TEELING ALAN 812 NATURE TRAIL DR #104 WILMINGTON NC 28405 THOMAS FLEATHER D III TRINA PO BOX 15538 WILMINGTON NC 28408 TILLER WHITLEY ETAL 632 CONDO CLUB DR #211 WILMINGTON NC 28412 TLG GROUP LLC 6200 BRADFORD CT JEFFERSON CITY MO 65101 TOWNHOMES AT BEAU RIVAGE LLC 332 MILITARY CUTOFF RD WILMINGTON NC 28405 TURNER EMILY R 618 CONDO CLUB DR #307 WILMINGTON NC 28412 VALLEE YVETTE M 645 CONDO CLUB DR # 301 WILMINGTON NC 28412 VECCHIO RICHARD A 632 CONDO CLUB DR #308 WILMINGTON NC 28412 VERIDICAL ENTERPRISES 552 RIVAGE PROMENADE WILMINGTON NC 28412 WALLACE ERIC A ANGELA Y 101 BROCKTON RIDGE DR GARNER NC 27529 WEINBECKER MARGARET I 618 CONDO CLUB DR #211 WILMINGTON NC 28412 WEISSERT MATTHEW KATHRYN 3210 OLD CHURCH RD MECHANICSVILLE VA 23111 WILKINS STEPHEN G 618 CONDO CLUB DR #309 WILMINGTON NC 28412 WILM REALTORS FOUNDATION 1836 SIR TYLER DR STE 100 WILMINGTON NC 28405 WOOD HEIDI R 632 CONDO CLUB DR #102 WILMINGTON NC 28412 WOOD JIMMIE D MARILYN K 618 CONDO CLUB DR #105 WILMINGTON NC 28412 Board of Commissioners - January 6, 2025 ITEM: 10- 7 - 27 • Oeslgn So�utior�s February 10, 2024 To: Adjacent Property Owners This is a notice of a community information meeting. An upcoming rezoning request will be made on behalf of Polly Greene Cribb and Shirley S. Norris, subject property owners. The zoning change would be from current district overlays, Highway Business (B-2) and Residential (R-15), to Conditional Community Business (CZD/CB), for development of a market for fresh foods and farm goods. The project is being proposed by Biggers Market, an establishment with a goal of stimulating agricultural growth in the Carolinas by promoting clean, healthy living, with local fruits & vegetables, and other regional products. The composite tract includes 6208, 6216 & 6218 Carolina Beach Road, three parcels totaling approximately 2.67 acres. Your property is located in the proximity, within a 500' perimeter of the outer boundary of the proposed project. Conditional Zoning District in New Hanover County allows particular uses to be established only in accordance with specific standards and conditions pertaining to each individual development project & rezoning petition. Essentially, this means that only the specific use(s) and the proposed site improvements of an approved petition can be developed. The meeting is an opportunity for further explanation of the proposal and for questions to be answered concerning project improvements, benefits and impacts. It will be held on Thursday, February 22nd, 6:00 p.m., at the Best Western Plus — Wilmington, 5600 Carolina Beach Road. If you cannot attend, you are also welcome to contact Cindee Wolf at telephone # 910-620-2374, or email cwolf@lobodemar.biz with comments and/or questions. We look forward to your interest, being a good neighbor, and being an asset to the community. Orb BIGGERS MlflRiSET Board of Commissioners - January 6, 2025 ITEM: 10- 7 - 28 -;fie• + -Al '� •�'� r . �y - O%yy 0. O �r k ■� - � I a• - s, Covered — � (p Porches I I Sellars Cove Condominium _ Community I I j Enclosed L overed Market � atform Q- BIGGERS "L ° a 0 000% 0 a O e 0kaa°°d�aa a oa ° °°a O .. °°°°°° ° ° - Condo Club Road �j ECS SOUTHEAST, L L C NC Engineering License No. F-2519 Geotechnical • Construction Materials • Environmental ■ Facilities February 21, 2024 Mr. Wells Struble Port City Produce Stores, LLC 6250 Market Street Wilmington, North Carolina 28405 Reference: Report of Seasonal High Water Table Estimation and Infiltration Testing 6218 Carolina Beach Road Wilmington, New Hanover County, North Carolina ECS Project No. 49.22414 Dear Mr. Struble: ECS Southeast, LLC (ECS) recently conducted a seasonal high water table (SHWT) estimation and infiltration testing within the stormwater control measure (SCM) area(s) at 6218 Carolina Beach Road in Wilmington, New Hanover County, North Carolina. This letter, with attachments, is the report of our testing. Field Testing On February 20, 2024, ECS conducted an exploration of the subsurface soil conditions, in accordance with the NCDEQ Stormwater Design Manual section A-2, at two requested locations shown on the attached Boring Location Plan (Figure 1). ECS used GPS equipment in order to determine the boring locations. The purpose of this exploration was to obtain subsurface information of the in situ soils for the SCM area(s). ECS explored the subsurface soil conditions by advancing one hand auger boring into the existing ground surface at each of the requested boring locations. ECS visually classified the subsurface soils and obtained representative samples of each soil type encountered. ECS also recorded the SHWT elevation observed at the time of the hand auger borings. The attached Infiltration Testing Form provides a summary of the subsurface conditions encountered at the hand auger boring locations. The SHWT elevation was estimated at the boring locations below the existing grade elevation. A summary of the findings are as follows: Location SHWT 1-1 100 inches 1-2 108 inches ECS has conducted two infiltration tests utilizing a compact constant head permeameter near the hand auger borings in order to estimate the infiltration rate for the subsurface soils. Infiltration tests are typically conducted at two feet above the SHWT or in the most restrictive soil horizon. 6714 NETHERLANDS DRIVE, WILMINGTON, NC 28405 * T:910-686-9114 • F:910-686-9666 ECS Florida, LLC • ECS Mid -Atlantic, LLC • ECS Midwest, LLC • ECS Pacific, Inc. ■ ECS Southeast, LLC • ECS Southwest, LLP ECS New York Engineering,EF6Wd Af ®�9ileiTEiF9��i@il3(tW�f�l5 � 5s www.ecsiimited.com "ONE F1TF% '6q MfSN)N." Report of SHWT Estimation and Infiltration Testing 6218 Carolina Beach Road Wilmington, New Hanover County, North Carolina ECS Project No. 49.22414 February 21, 2024 Field Test Results Below is a summary of the infiltration test results: Location Description Depth Inches/ hour 1-1 Tan fine to coarse SAND 60 inches 22.55 1-2 Tan fine to coarse SAND 60 inches 24.28 Infiltration rates and SHWT may vary within the proposed site due to changes in elevation, soil classification and subsurface conditions. ECS recommends that a licensed surveyor provide the elevations of the boring locations. Closure ECS's analysis of the site has been based on our understanding of the site, the project information provided to us, and the data obtained during our exploration. If the project information provided to us is changed, please contact us so that our recommendations can be reviewed and appropriate revisions provided, if necessary. The discovery of any site or subsurface conditions during construction which deviate from the data outlined in this exploration should be reported to us for our review, analysis and revision of our recommendations, if necessary. The assessment of site environmental conditions for the presence of pollutants in the soil and groundwater of the site is beyond the scope of this geotechnical exploration. ECS appreciates the opportunity to provide our services to you on this project. If you have any questions concerning this report or this project, please contact us. Respectfully, ECS SOUTHEAST, LLC K. Brooks Wall Project Manager bwall ecslimited.com 910-686-9114 Attachments: Figure 1 - Boring Location Plan Infiltration Testing Form GBA Document 4 of%- ?W. Brandon Fulton, PSC, PWS, LSS Environmental Department Manager bfulton ecslimited.com 704-525-5152 Board of Commissi$ers - January 6, 2025 ITEM: 10- 7 - 31 �i. i _ F Yt Jf�1 �551 V I c{ =. i S N ® APPROXIMATE BORING LOCATIONS CJ W ��✓ S SCALE SHOWN ABOVE s 6218 Carolina Beach Road Figure 1- Boring Location Plan Wilmington, New Hanover County, North Carolina Provided by: Google Earth ECS Project # 49.22414 January 20, 2024 BIn- J nuary 6, 2025 KBW 7�- Infiltration Testing Form 6218 Carolina Beach Road Wilmington, New Hanover County, North Carolina ECS Project No. 49.22414 February 20, 2024 Location Depth USCS Soil Description 1-1 0-36" SP White fine to coarse SAND 36"-66" SP Brown fine SAND 66"-100" SP Tan fine to coarse SAND Seasonal High Water Table was estimated to be at 100 inches below the existing grade elevation. Test was conducted at 60 inches below existing grade elevation Infiltration Rate: 22.55 inches per hour Location Depth USCS Soil Description 1-2 0-40" SP White fine to coarse SAND 40"-60" SP Brown fine to med. SAND w/ silt 60"-110" SP Tan fine to coarse SAND Seasonal High Water Table was estimated to be at 108 inches below the existing grade elevation. Test was conducted at 60 inches below existing grade elevation Infiltration Rate: 24.28 inches per hour Board of Commissioners - January 6, 2025 ITEM: 10- 7 - 33 ,n *Essential Utilities Company July 15, 2024 Re: Biggers Market 6208, 6216, 6218, 6220 Carolina Beach Rd. Water & Wastewater Utility System New Hanover County, North Carolina Dear Mr. Struble: Please accept this letter of intent as Aqua North Carolina's ("Aqua") non -binding commitment to provide water and wastewater utility service to the planned commercial development located at along Carolina Beach Road in New Hanover County at the referenced addresses. This offer is contingent upon Aqua and the Developer entering into a Water and Wastewater Utility Agreement ("Agreement") with mutually acceptable terms, permit review and approval by Aqua, permit approvals by the North Carolina Department of Environmental Quality (NCDEQ), and the North Carolina Utilities Commission's (NCUC) approval of this transaction. The structure of the Agreement would include the following: 1. Developer to install water & wastewater utility system infrastructure to serve proposed commercial development upon approval by New Hanover County; 2. Developer to complete interconnections to Aqua's existing water & wastewater facilities including obtaining easements and making any necessary improvements to Aqua's existing water and wastewater facilities to serve the proposed commercial development if approved by New Hanover County; 3. Developer to pay Aqua a cash contribution in aid of construction capacity (CIAC) reserve payment for the reservation of wastewater capacity in Aqua's existing wastewater facilities at Beau Rivage WWTF (NPDES NC0065480); 4. Developer to pay Aqua a CIAC payment for the proposed water capacity needed to serve the proposed commercial development in Aqua's existing water facilities in The Cape Master Water System (NCPWSID NC04651999) based on Aqua's specifications; 5. The capacity payment amount and structure shall be detailed further in the Agreement. The Agreement will be prepared by Aqua and will contain the provisions set forth above and other traditional covenants, warranties and representations. Should you have any questions or wish to discuss this project further please contact me at 919-653-6967. Board of Commissioners - January 6, 2025 ITEM: 10- 7 - 34 Sincerely, (� C. Ruffin Poole Director, Development & Regulatory Affairs cc: Zack Dickerson, Associate Planner, Development Review New Hanover County- Planning & Land Use —Planning & Zoning 230 Government Center Drive, Suite 110 Wilmington, NC 28403 zdickerson@nhcgov.com Cindee Wolf Design Solutions Post Office Box 7221 Wilmington, NC 28406 cwolf@lobodemar.biz Board of Commissioners - January 6, 2025 ITEM: 10- 7 - 35 Traffic Impact Analysis Board of Commissioners - January 6, 2025 ITEM: 10- 8 - 1 �,, DAVENPORT TRANSPORTATION IMPACT ANALYSIS Biggers Market Wilmington, North Carolina Board of Commissioners - January 6, 202IRrepared For: Port City Produce, LLC ITEM: 10- 9 - 1 DAVENPORT Transportation Impact Analysis Biggers Market Wilmington, NC Prepared for Port City Produce Stores, LLC October 22, 2024 Analysis and Graphics by: Amrit Williams Reviewed and Sealed by: AJ Anastopoulo, PE 1CAR�%% SS�O SEAL r irit�' 054666� �F� INE.•'•O This document, together with the concepts and designs presented herein, is intended only for the specific purpose and client for which it was prepared. Reuse of, or improper reliance on, this document by others without written authorization and adaptation by DAVENPORT shall be without liability to DAVENPORT and shall be a violation of the agreement between DAVENPORT and the client. Home Office. i ilmington Regional Office: Serving the Southeast since 2002 119 Brookstown Ave. Suite PH1 1426 Navaho Trail, #108 Winston-Salem, NC 27101 Wilmington, NC 28409 Maim 336.744 3Fax: 336.45P ,177 tf,-:--,.n,-)ri '� 7, nrQ ^ — Board of Commissioners - January 6, 2025 ITEM: 10- 9 - 2 0 DAVENPORT EXECUTIVE SUMMARY The Biggers Market is currently located at 6458 Carolina Beach Road and is looking to relocate to 6208, 6216 & 6218 Carolina Beach Road in Wilmington, NC. It will consist of a 15,900 square foot market which sells a wide variety of specialty products, including local produce, craft beer, local arts and crafts, and niche grocery items. One right-in/right-out access point is proposed on US 421 (Carolina Beach Road). The expected build -out year for this development is 2025. Information regarding the property was provided by Port City Produce Stores, LLC and Design Solutions. DAVENPORT was retained to determine the potential traffic impacts of this development and to identify transportation improvements that may be required to accommodate the impacts of the new development traffic. The Transportation Impact Analysis (TIA) was performed based on the scope agreed upon with the Wilmington Metropolitan Planning Organization (WMPO). This site has a trip generation potential of 109 trips in the Friday PM peak hour and 188 trips in the Saturday midday peak hour. In conclusion, this study has determined the potential traffic impacts of this development and recommendations have been given where necessary to mitigate the impacts of future traffic. The analysis indicates that with the recommended improvements in place, the proposed site is not expected to have a detrimental effect on transportation capacity and mobility in the study area. The recommendations summarized in Figure A and in Table A should be constructed to comply with applicable NCDOT Policy on Street and Driveway Access to North Carolina Highways and local standards. Extend northbound left turn/U-turn lane to provide _ '_ '- ' • 700 feet of storage plus appropriate deceleration • • -' _- and taper. • .: - , - • , . Extend existing southbound right turn lane to the • • • • • northernmost Za Pie driveway. • Extend southbound U-turn lane to provide 400 .: - , - • , , feet of storage plus appropriate deceleration and • -.. • taper. • Adjust signal timings. • See US 421 and Condo Club Drive. Right turn lane extension will serve site access. - • - ' Design site drive according to applicable NCDOT and/or local standards. 9/13/2024 242001 Biggers Market Board of Commissioners - January 6, 2025 ITEM: 10- 9 - 3 N o 0 0 0 l� co S Ridge Boulevard ~ 1 1 U 1. i Extend existing right turn lane to Za Pie driveway to the north., an extendsion of approx. 250'. This provides a full width right turn lane from Condo Club drive to the NB to SB U-turn bulb out approx. 1650' north of Condo Club Drive. Condo Club Drive Cathay Road 'j 11 -N• O O co v 0 hl� 0 0 (V 0 0 W s r N u t6 V N rn m 7 R C * NOT TO SCALE *** o This document, together with the concepts and designs presented herein, is intended only for the specific purpose N and client for which it was prepared. Reuse of, or improper reliance on, this document by others without written U authonzation and adaptation by DAVENPORT, shall be without liability to DAVENPORT, and shall be a violation of the agreement between DAVENPORT and the client. O 0 SIGNAL . STOP ROADWAY --P- TRAFFIC MOVEMENT BLACK = EXISTING BLUE = PROPOSED DIRECTIONAL CROSSOVER ITEM: 10- 9 - 4 WMPO December 16, 2024 Mr. Don Bennett, PE DAVENPORT 1426 Navaho Trail, Suite 108 Wilmington, NC 28409 305 Chestnut Street PO Box 1810 Wilmington, NIC 28402 Ph: (910) 341-3258 Fax; (310) 341-7801 www.wmpo.org RE: Approval with conditions for the Traffic Impact Analysis (TIA) associated with the Biggers Market development in New Hanover County, NC Dear Mr. Bennett, The WMPO has coordinated the review of the Biggers Market TIA (sealed October 22, 2024) by NCDOT and New Hanover County Staff. Based on the information provided and conversations held to date, it is our understanding that the proposed development will be built in 2025 and will consist of: • ITE Land Use Code 822 — 15,900 SF of Strip Retail (<40ksf) with local data The following improvements are required for this development: US 421 (Carolina Beach Road) NB to SB U-turn/Leftover and S Ridge Road (Existing Unsignalized Intersection) • Install a traffic signal and provide fiber optic communication infrastructure for traffic signal system communication. US 421 (Carolina Beach Road) SB to NB U-Turn/Leftover and S Ridge Road (Existing Unsignalized Intersection) • No improvements are required. US 421 (Carolina Beach Road) and Condo Club Drive (Existing Unsignalized Right-in/Right-out Intersection) • Extend the existing southbound right turn lane on US 427 (Carolina Beach Road) to provide full -width storage to the northernmost Za Pie driveway. Wilmington Urban Area Metropolitan Planning Organization City of Wilmington e Town of Carolina Beach • Town of Kure Beach • Town of Wrightsville Beach County of New Hanover • i^ Board of toPnmissioners - January 6; 2025:sa ■ County of Brunswick County of Pender • Cape Fear Pui.,i;c f r.,n #:U! i., ITEM: 10- 10 `- 1 i h u3 jh; i.; Department of Transportation Approval with Conditions for the Biggers Market Traffic Impact Analysis — New Hanover US 421 (Carolina Beach Road) and Cathay Road (Existing Signalized Intersection) • Extend the southbound U-turn lane on US 427 (Carolina Beach Road) to provide 400 feet of storage and appropriate full -width deceleration and taper. US 421 (Carolina Beach Road) and Site Access 1 (Proposed Right-in/Right-out Intersection) • Construct Site Access 7 (eastbound approach) with one ingress lane and one egress lane, configured as a right -in, right -out intersection. • Provide an internal protected stem length of 700 feet, as measured from the right-of-way line. • Provide stop control for the eastbound approach. If changes are made to the proposed site driveways and/or land uses, the current trip distribution may need to be modified and would require a revised Traffic Impact Analysis to be submitted for review by the NCDOT, WMPO, and New Hanover County, in which instance this approval would become null and void. The applicant is required to obtain all applicable New Hanover County and NCDOT permits for access to the road network. A copy of this TIA approval shall be included with any NCDOT driveway permit application. All applicable NCDOT and New Hanover County technical standards and policies shall apply. Please contact me at (910) 341-7890 with any questions regarding this approval. Sincerely, w� T Abby Lorenzo, MPA Deputy Director Wilmington Urban Area MPO Ec: Ben Hughes, PE, District Engineer, NCDOT Jon Roan, Deputy District Engineer, NCDOT Michael Bass, Assistant District Engineer, NCDOT Frank Mike, Assistant District Engineer, NCDOT Madi Lee, PE, Development Review Engineer, NCDOT Stonewall Mathis, PE, Division Traffic Engineer, NCDOT Bryce Cox, Senior Assistant Traffic Engineer, NCDOT Nick Drees, Engineering Specialist, NCDOT Robert Farrell, Development Review Supervisor, New Hanover County Amy Doss, Development Review Planner, New Hanover County Bill McDow, Associate Planner, WMPO Page 2 of 2 Board of Commissioners - January 6, 2025 ITEM: 10- 10 - 2 Concept Plan Board of Commissioners - January 6, 2025 ITEM: 10- 11 - 1 ITEM: 10- 12 - 1 Public Comments In Support Neutral In Opposition Board of Commissioners - January 6, 2025 ITEM: 10- 13 - 1 Doss, Amy From: noreply@civicplus.com Sent: Saturday, November 30, 2024 9:33 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; wbiddle@nhcgov.com; Doss, Amy; Dickerson, Zachary; lott@nhcgov.com Subject: Online Form Submission #15617 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 Susanna Last Name Miller Address 645 Condo Club Dr. Unit. # 305 City Wilmington State North Carolina Zip Code 28412 Email wazo blue(cDyahoo.com Please select the case PB Meeting - Z24-14 - Biggers Market for comment. What is the nature of Oppose project your comment? Public Comment My condo overlooks the beautiful vista of pine trees that give my life so much pleasure. The beautiful trees also are a barrier to all the traffic noise from the 421 Highway. This man already has his biggars mkt. down the road from here.lf he doesn't have enough parking there, he can clear some of those pine trees from there to make room. Another thing was they said that they would have live music bands. I DO NOT WANT to hear this! We already have enough NOISE! This also will be Too much traffic added to this already over used roadway. With 1 Board of Commissioners - January 6, 2025 ITEM: 10- 14 - 1 many turn arounds. This town has already Torn Down Too Many Trees, making our lives sadder and uglier without the Pine Trees. Thank you Upload supporting files If you need to support your comment with documentation, upload the files here. No more than 20MB in size total for all files. File types accepted are: doc, docx, ppt, pptx, txt, pdf, jpg, png. File 1 Field not completed. File 2 Field not completed. File 3 Field not completed. File 4 Field not completed. Email not displaying correctly? View it in your browser. 2 Board of Commissioners - January 6, 2025 ITEM: 10- 14 - 2 Case #Z24-14 Rezoning Request: 2.67 acres from R-15 & B-2 to (CZD) B-2 Applicant: Cindee Wolf, Design Solutions Property Owners: Polly Cribb & Shirly Norris Amy Doss Development Review Planner NEW HANOVER COUNTY I the model of good governance Mgovxom Planning & Land Use Slide 2 AERIAL },.•-:ay^. 6208 fi.. 6216< d •�,. . �' -�. ��`��' � �` � �: � + ,fir Fr�f 6218 62 47 PIR I Omq Z24-14 ,�. Existing Conditions AERIAL5W. w �Ow, 1 �fr a � NEW HANOVER COUNTY I the model of good governance I ifil fl (Ahof 'I POI I PAM MATM [11 fl flITIM 1196111111P Iposie Mgovxom -t , ' :.. 1: , u L Nl- Planning and Land Use Slide 5 Representative Development of Proposed Retail and Food Market Biggers Market, Carolina Beach Road Biggers Market, Market Street Concept Plan 4 ,------------ - - =__ ----_ -- __ Planning & Land Use Slide 8 Trip Generation Typical Development Under Existing R-15 & B-2 Zoning: Development Under Proposed CZD B-2 Zoning: Potential Impact of Proposed Designation 4 Single -Family Dwellings & 8,000 SF Retail 38 AM / 105 PM 15,900 SF Retail & Market 109 AM / 188 PM +71 AM / +83 PM Site Access Site Access Primary Access y CONDO CLUB, izo n �CCORMORAN� '-BEAU. RIVAGE DR ® ®® -�. CANNA`!_ RD A Compatibility • The proposed rezoning would relocate the existing Biggers Market to a permanent structure, approximately one mile north of its current location. • Both locations are near existing homes, however the proposed site plan includes dedicated parking areas, enhanced buffers, and an enclosed building. • Uses will be limited to those serving the surrounding neighborhood such as food market and sales. • Project would serve as a transition between the Carolina Beach Road corridor and neighboring residential development. Strategic Plan Desired Sustainable Land Use & Environmental Stewardsh* Outcome Through planned growth and development, residents have access to their basic needs. 95% of residential units are within a I0-minute drive of health Connect residents to basic needs care, childcare, grocery stores and pharmacies through a variety of housing and transportation options. Increase the housing supply to a level of one residential unit per two residents tFWorkforce & Eton o k Development [desired Outcomes Strateeic O b A business -friendly envi ronme nt that pfo m otes growth, agility, and collaboratio n. Plan for the long-term needs of businesses through time ly, innovative Programs and cornm un ity pa rtnershi ps. Maintain new bus i n e s s growt h with in 2.5% of th a state Co unty sa I es tax yea r ove r yea r growth 1 h h ighe r than the sta re New Hanover County Future Land Use Map a em ti L� L COMSUNHY—EDUSE 1� v �N�k��kFaoEN,� t o- L co 4• 0 i,p L W The Future Land Use Map IS not GnGZoningen — legallynglikeMeNe Hanover County ton gM p I[ -s ,tended to be a general represee dtio cf the 25 Your 1 for Na,, Her ovad .11 be c,ad d by L, guide cf' de,alo we Ivatl with Plan NHC and will he used to guide future develop ftl lion liih-a 2016 Comprehensive Plan Place Type: Community Mixed Use LAND USE Future Land Use GENERAL RESIDENTIAL ■ URBAN MIXED USE COMMUNITY MIXED USE Z24-14 Condo imorant Wary l ® ® ® ® I Planning Board Action The Planning Board considered this item at their December 5, 2024, meeting and voted (5-0) 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 reasonable also found and in the appropriate transition development. RECOMMENDING APPROVAL of the project was public interest because the project would act as an between the highway and existing residential Recommended Conditions 1. Street yard landscaping will be installed along Carolina Beach Road to meet current Unified Development Ordinance (UDO) landscape requirements for commercial projects. 2. Two (2) staggered rows of Leyland Cypress or other evergreen shrub that grows to a minimum height of 15-20 feet will be planted along the rear boundary within the 35-foot setback in addition to the required Type A Opaque Buffer Option 1 which required a minimum of three (3) rows of evergreen shrubs that shall be a minimum of six (6) feet in height and provide full visual opacity within one (1) year of planting. 3. No commercial or customer activity may occur within the 35-foot rear setback except maintenance and any future pedestrian access that may be provided to the adjacent Sellars Cove community as shown on the concept plan. 4. Exterior lighting including luminaries and security lighting shall be full cut-off fixtures that are directed downward in compliance with Figure 5.5.4.0 Full Cut-off Fixtures of the UDO. In no case shall lighting be directed at or above a horizontal plane through the lighting fixture. Light posts shall be no taller than twelve (12) feet. Recommended Conditions 5. Permitted uses are limited to: a. Commercial Kitchen, Catering b. Restaurant c. Food Market d. Retail Nursery e. Retail Sales, General 6. A minimum 20-foot-wide public access easement shall be provided along the road front parallel with Carolina Beach Road for public bicycle and pedestrian use. 7. Significant trees shown on the concept plan shall be permanently retained. Recommended Conditions 8. The driveway access stub shown on the northern boundary of the concept plan shall be paved to the property line to allow for future interconnectivity. 9. The platform shall be enclosed on three sides and with a roof so as to direct music eastward toward Biggers Market and not west toward Sellars Cove. AERIAL r- NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/6/2025 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 (Z24-11) — Request by Douglas Brandon Paluck with P&P Enterprises, applicant and property owner, to rezone approximately 0.41 acres of a 0.82-acre parcel located at 5406 Castle Hayne Road from the R-15, Residential District to the (CZD) B-2, Regional Business District for the use of Bar / Nightclub, Retail Sales, General and Outdoor Recreation Establishment. BRIEF SUMMARY: The applicant is requesting to rezone approximately 0.41 of 0.82 acres from R-15 residential to (CZD) B-2, Regional Business District. The proposal includes retrofitting an existing house on the site for a taproom and retail sales establishment. The existing backyard will house an outdoor recreation area to include mini golf and cornhole, as well as a covered outdoor area. The site, located along Castle Hayne Road, is expected to generate approximately 0 AM and 28 PM peak hour trips, a decrease of 1 trip in the AM and increase of 26 trips in the PM compared to current zoning. This area of Castle Hayne has historically been a mix of residential and commercial uses, including some single-family homes along with retail, convenience stores with fuel stations, pharmacies, and banks. The proposed project is intended to fit in with the mix of uses in the area. The 2016 Comprehensive Plan designates this property as Community Mixed Use, which encourages small-scale, mixed -use developments that support all modes of travel and serve as hubs for both county residents and visitors. The Planning Board considered this item at the December 5, 2024, meeting. Two members of the public spoke in opposition to the proposal, citing concerns with noise and lighting. Following extensive Board discussion on how the impacts on neighboring residents could be mitigated, the applicant agreed to amendments to two conditions regarding hours of operation for the outdoor recreation establishment and the landscaping buffer along the Blossom Street frontage. The Planning Board voted 6-0 to recommend APPROVAL of the proposed rezoning, with seven (7) conditions. The Board found the application CONSISTENT with the 2016 Comprehensive Plan because the rezoning provides for the types of uses recommended in the Community Mixed Use place type. The seven (7) recommended conditions, as outlined in the script and staff report, aim to mitigate impacts on adjacent residents. These include a parking agreement, vehicle access provisions, landscaping requirements, and restrictions on outdoor activities. STRATEGIC PLAN ALIGNMENT: • Workforce & Economic Development o A business -friendly environment that promotes growth, agility, and collaboration. Board of Commissioners - January 6, 2025 ITEM: 11 ■ 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 property is located in a part of Castle Hayne that has historically been a mix of uses. The proposed rezoning is near an 1-40 interchange and is located in an area that transitions from commercial uses along Castle Hayne Road to nearby residential uses. At the Planning Board meeting, the applicant agreed to additional conditions to limit the hours of operation for the outdoor recreation component of this project and increase the landscaping along the Blossom Street frontage. The proposed (CZD) B-2 rezoning is generally CONSISTENT with the Comprehensive Plan because the rezoning provides for the types of uses recommended in the Community Mixed Use place type, and the application limits uses to those which are more appropriate for the area and additional conditions reduce impact on adjacent residential areas. Staff recommends a change in wording from the Planning Board's condition #6 to match more closely with Ordinance requirements. Staff concurs with the Planning Board's recommendation with the amended condition referenced above, which can be found in the script. Please refer to the script for suggested and alternative motion language. ATTACHMENTS: Z24-11 BOC Script Z24-11 BOC Staff Report Z24-11 Zoning Map Z24-11 Future Land Use Map Z24-11 Mailout Map Initial Application Corer Sheet Z24-11 Initial Application Z24-11 Community Meeting Information Concept Plan Coeer Sheet Z24-11 Concept Plan Z24-11 Public Comments BOC 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 - January 6, 2025 ITEM: 11 BOARD OF COMMISSIONERS SCRIPT for Zoning Map Amendment Application (Z24-11) Request by Douglas Brandon Paluck with P&P Enterprises, applicant and property owner, to rezone approximately 0.41 acres of a 0.82-acre parcel located at 5406 Castle Hayne Road from the R-15, Residential District to the (CZD) B-2, Regional Business District for the use of Bar/Nightclub, Retail Sales, General, and Outdoor Recreation Establishment. 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 to a Conditional B-2 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the rezoning provides for the types of uses recommended in the Community Mixed Use place type. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the Castle Hayne corridor is anticipated to shift from residential to commercial uses along the highway. Proposed Conditions: 1. Permitted uses shall be limited to: Bar/Nightclub, Outdoor Recreation Establishment, and General Retail Sales. Board of Commissioners - January 6, 2025 ITEM: 11- 1 -1 2. No exterior light poles with lighting fixtures shall be permitted. All other lighting must comply with the lighting standards of Section 5.5 Exterior Lighting. 3. The specimen live oak tree fronting Castle Hayne Road shall be preserved. 4. A shared parking agreement between 5406 Castle Hayne Road and 5400 Castle Hayne Road (Myer's Attic) will be recorded with the New Hanover County Register of Deeds before issuance of a Certificate of Occupancy. 5. Vehicle parking and vehicle access to the site are prohibited from Blossom Street. 6. The required Street Yard landscaping along Blossom Street shall be supplemented with a minimum 10-foot-wide Type A: Opaque Buffer with fencing installed parallel to Blossom Street. Street Yard landscaping meeting the opacity requirements of Table 5.4.3.13.2 may be counted towards the Type A buffer requirement. 7. There shall be no outdoor music, entertainment, or sound amplification past 9pm. Alternative Motion for Denial (If based on information provided at the public hearing or other consideration beyond the scope of staff review, the Board finds approval appropriate). I move to DENY the proposed rezoning to a Conditional B-2 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the rezoning provides for the types of uses recommended in the Community Mixed Use place type, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal will adversely impact the adjacent residential areas. Alternative Motion for Approval/Denial: I move to [Approve/Deny] of the proposed rezoning to a conditional B-2 district. I find it to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] I also find [Approval/Denial] of the rezoning request is reasonable and in the public interest because [insert reasons] Board of Commissioners - January 6, 2025 ITEM: 11- 1 - 2 STAFF REPORT FOR Z24-1 1 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z24-1 1 Request: Rezoning to a Conditional B-2, Regional Business district Applicant: Property Owner(s): Douglas Brandon Palluck Douglas Brandon Paluck Location: Acreage: 5406 Castle Hayne Road 0.41 Acres of a 0.82 Acre Parcel PID(s): Comp Plan Place Type: R01 1 13-008-002-000 Community Mixed Use Existing Land Use: Proposed Land Use: Single Family Residential Bar/Nightclub (Bottle Shop), Retail, Outdoor Recreation Establishment Current Zoning: Proposed Zoning: R-15, Residential district (CZD) B-2, Regional Business ZONING cc: Norih m c a 2 m ZONING M c I, o =RA =B-z Prince George qv JLL ljl�[ O R-1s n czo 0 724-11 jjj o! 'm SURROUNDING AREA LAND USE ZONING North Single -Family Residential, Restaurant, Gas Station R-15, B-2 East Single -Family Residential R-15 South Single -Family Residential, Myers' Attic (Antique Store) R-15, B-2 West Mini Storage (across Castle Hayne Road) B-2 Z24-1 1 Staff Report PB 12.05.2024 Page 1 of 15 Board of Commissioners - January 6, 2025 ITEM: 11- 2 -1 1 � 1 c �'174, p cn aI O J t � m ZONING HISTORY July 1, 1985 Initially Zoned as R-15 (Castle Hayne) A vI `T �F r Norih f p.. s � � ii COMMUNITY SERVICES This site is connected to CFPUA public water. The site has an existing septic Water/Sewer system. CFPUA sewer is available through utility extension. The applicant has indicated they plan to use the existing septic system which will need to be reviewed and permitted for the commercial use if approved. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Castle Hayne Station 13. Schools Castle Hayne Elementary, Holly Shelter Middle, Laney High Schools Recreation Northern Regional Park, Blue Clay Bike Park, Riverside Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Z24-1 1 Staff Report PB 1 2.05.2024 Page 2 of 15 Board of Commissioners - January 6, 2025 ITEM: 11- 2 - 2 APPLICANT'S PROPOSAL ::4- T,- 0 0 Ow wff�—M I Aerial Imagery of the Site Orange Outline: Total parcel Blue Outline: Portion requested for rezoning • Only a portion of the subject site is proposed to be rezoned so as to not increase the degree of nonconformity of the house on the southern portion of the property. Z24-1 1 Staff Report PB 1 2.05.2024 Board of Commissioners - January 6, 2025 ITEM: 11- 2 - 3 Page 3 of 15 L— Q (ed'5d'Od'E 24$.64' Bottle Shop & Retail (in existing building) ro 0 1 0 C v Shared Parking with Myers' Attic Outdoor Covered Area LRNHSWE Bl1F t V ■ ttpp �q -- a3i�rx �daaxxmaai ---� ,E6'8tr3 A.QS.Etr.6iS a I �y w4�1 i Outdoor Recreation Area j Applicant's Concept Plan with Staff Markups • The subject site is .82 acres with 1.5 houses on it. The house involved in this rezoning request is wholly within one property. The parcel contains a portion of another home that was constructed over the southern property line. • The owner is requesting to rezone the northern .41 acres to B-2 to convert the northern house into a bar/nightclub (bottle shop) with retail sales and an outdoor recreation area. • The applicant has included a condition limiting the uses to "Bar/Nightclub, Outdoor Recreation Establishment, and General Retail Sales." • The house is on the western side of the lot facing Castle Hayne Road. The backyard area is proposed as an outdoor covered area and a separate open air outdoor recreation area on the eastern portion of the site towards Blossom Street. • The concept plan includes landscaped buffers along the northern and southern project boundaries, and a condition to preserve a specimen live oak tree along Castle Hayne Road. Z24-1 1 Staff Report PB 1 2.05.2024 Page 4 of 15 Board of Commissioners - January 6, 2025 ITEM: 11- 2 - 4 • Due to the size of the project area, the applicant has proposed to use shared parking with a neighboring business also owned by the applicant to meet the minimum off-street parking requirements. A condition has been included requiring a shared parking agreement. • The applicant has agreed to conditions in order to mitigate impact on nearby residential properties, regarding lighting and limitations on the hours of the outdoor recreation component of the proposal. ZONING CONSIDERATIONS • The R-15 district in this area was established in this area in 1985. At the time, the purpose of the R-15 district was to provide lands that accommodate low -density housing. This portion of the Castle Hayne area has historically been a mix of residential and commercial uses. • The purpose of the B-2 district is to provide for the proper site layout and development of larger format or larger structure size business uses. It is also designed to provide for the appropriate location and design of auto -oriented uses that meet the needs of the motoring public or that rely on pass -by traffic. • The Unified Development Ordinance (UDO) defines Bar/Nightclub as: A non -restaurant establishment that generates more than 49 percent of its quarterly gross receipts from the sale of alcoholic beverages for on -premises consumption. Bars and nightclubs may provide live music. • The UDO defines Outdoor Recreation Establishment as: Uses that provide commercial recreation or amusement outdoors (except adult entertainment), including but not limited to miniature golf establishments. • The buildings on this site existed prior to zoning, and there are several historic nonconformities. The proposed commercial rezoning requires landscape buffers where the business abuts a residential use. • Adaptive reuse of residential sites to commercial uses often face challenges meeting the additional setbacks and transitional buffer requirements for commercial development adjacent to residential uses. In these instances, applicants must obtain variances from the Board of Adjustment before property is rezoned. • The applicant obtained two variances from the Board of Adjustment: o The 30-foot side setbacks for the B-2 district were reduced to 12.3 feet on the northern project boundary and reduced to 22 feet on the southern project boundary. The minimum width of the Type A opaque buffer on the northern and southern project boundaries were also reduced from 10 feet to 7 feet. • Both variances are conditioned so they will only apply to the site if the rezoning is approved. • If approved, the project would be subjected to the Technical Review committee and zoning compliance review processes to ensure full compliance with all ordinance requirements and specific conditions included in the approval. Only minor deviations from the approved conceptual plan, as defined by the UDO, would be allowed. Z24-1 1 Staff Report PB 1 2.05.2024 Page 5 of 15 Board of Commissioners - January 6, 2025 ITEM: 11- 2 - 5 NEARBY AREA DEVELOPMENTS Z24-1 1 Staff Report PB 12.05.2024 Page 6 of 15 Board of Commissioners - January 6, 2025 ITEM: 11- 2 - 6 TRANSPORTATION Site Access 1 N LHICKORYs-r 1 �j I, 0 z CHERRY S7- o 0 Primary Access p _ RINCE GEORGE AV —ASH ST CURRENT CONDITIONS Intensity of Current Zoning Typical development under current zoning would allow a maximum of one single-family dwelling unit within the subject 0.41 acres. PROPOSED ACCESS Primary Access Full access to Castle Hayne Road. EXISTING ROADWAY CHARACTERISTICS Affected Roadway Castle Hayne Road Type of Roadway NCDOT minor arterial Roadway Planning Capacity (AADT) 20,685 Z24-1 1 Staff Report PB 12.05.2024 Page 7 of 15 Board of Commissioners - January 6, 2025 ITEM: 11- 2 - 7 Latest Traffic Volume 16,460 (2023) (AADT) Latest WMPO Point -in -Time 21,023 (2023) County (DT) Current Level of Congestion Available Capacity NEARBY NCDOT STIP ROADWAY PROJECTS No nearby STIP projects to this site. TRAFFIC GENERATION Traffic Traffic Traffic Generated by Generated Potential Generated by Proposed by Proposed Impact of Present (Bottle (Mini Proposed Designation Shop/Drinking Golf/Outdoor Designation Place) Recreation) Designation Designation AM Peak Hour Trips 1 0 0 -1 PM Peak Hour Trips 2 22 6 +26 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 site is bordered by Castle Hayne Road and Blossom Street. The site has full access to Castle Hayne Road and a condition has been included restricting parking and access to the site from Blossom Street. While access and parking on Blossom is restricted, Blossom Street could see an increase in vehicles from customers traveling to and from Holly Shelter Road. Additional right-in/right-out access is provided through a proposed shared parking agreement with a neighboring retail shop. Because this type of business typically operates during the PM hours, per the ITE Traffic Generation Manual, AM trips generated are minimal. Both sites would need to be reviewed by NCDOT through the driveway permit process. Z24-1 1 Staff Report PB 12.05.2024 Page 8 of 15 Board of Commissioners - January 6, 2025 ITEM: 11- 2 - 8 ENVIRONMENTAL • The property is not within a Natural Heritage Area or a Special Flood Hazard Area. • The property is within the Holly Shelter Creek watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property are a combination of Class II (moderate limitation) and Class III (severe limitations) soil. CFPUA water and sewer are available. • The property has one Specimen Tree, detailed on the concept plan. There is a condition to preserve this tree as part of this development, if approved. OTHER CONSIDERATIONS New Hanover County Strategic Plan On July 17, 2023, the Board of Commissioners adopted a new strategic plan for Fiscal Years 2024- 2028. This plan focuses on three core areas: workforce and economic development, community safety and well-being, and sustainable land use and environmental stewardship. Strategic Plan Outcomes Relevant to Proposal Analysis The 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 a new business. Z24-1 1 Staff Report PB 12.05.2024 Page 9 of 15 Board of Commissioners - January 6, 2025 ITEM: 11- 2 - 9 Representative Developments Representative Developments of R-15 (Existing Zoning/Land Used Existing Single -Family home proposed for reuse Representative Developments of Proposed Use: Bar/Nightclub (Bottle Shop) & Adaptive Reus, Fermental Beer & Wine S. 17th St Z24-1 1 Staff Report PB 1 2.05.2024 Page 10 of 15 Board of Commissioners - January 6, 2025 ITEM: 11- 2 - 10 Context and Compatibility • This part of Castle Hayne has historically been a mix of residential and commercial uses. • The designation of this area as Community Mixed Use along with its proximity to the 1-40 Castle Hayne interchange indicates the potential for additional commercial growth along the Castle Hayne Road corridor. • While the uses immediately surrounding the site are residential, there is an existing antique store to the south and commercial development across Castle Hayne Road. • The row of parcels that front Castle Hayne Road along this stretch have several community level businesses that serve the surrounding area including retail, a pharmacy, convenience stores, restaurants, and a bank. • Adaptive reuse of residential buildings is common along largely commercial corridors, where new single-family housing development is less likely. • While variances have been approved to reduce setbacks and buffers, several additional conditions have been included with the request intended to reduce impacts on nearby residential uses. Z24-1 1 Staff Report PB 1 2.05.2024 Page 11 of 15 Board of Commissioners - January 6, 2025 ITEM: 11- 2 - 11 2016 COMPREHENSIVE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County's future land use, as designated by place types describing the character and function of the different types of development that make up the community. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. LAND USE A 73 elf a x w.. ej N l Q V _O Future Land Use PE: Prince George Av w GENERAL RESIDENTIAL COMMUNITY MIXED USE 0 � 724-11 �I O, m' Future Land Use Community Mixed Use Map Place Type Place Type Focuses on small-scale, compact, mixed use development patterns that serve Description 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, multi -family, and single-family residential. Z24-1 1 Staff Report PB 1 2.05.2024 Page 12 of 15 Board of Commissioners - January 6, 2025 ITEM: 11- 2 - 12 The Comprehensive Plan classifies this property as Community Mixed Use. This place type's encouragement of transitional uses along highways results in adaptive reuse projects along major corridors. The Community Mixed Use place type also generally encourages recreation and meeting places. The proposed project would be appropriate in this area while providing services to nearby residents. This area of Castle Hayne has historically been a mix of residential and commercial uses. There are several commercial uses nearby, including convenience stores, restaurants and retail. Many of these also front both Analysis Castle Hayne Road and Blossom Street. The requested uses would be in line with nearby businesses. The proximity of this area to the 1-40 Castle Hayne interchange encourages B-2 zoning districts, which largely rely on pass -by traffic. With the likelihood of increased commercial growth in the Castle Hayne area and the proximity of existing residential uses to the site, the project includes several conditions intended to reduce impacts on neighboring property. Additional conditions have been provided to limit the extent of land use within the proposed B-2 district, preserve trees, and limit lighting to lessen the development's impact on nearby residents. The proposed rezoning request is generally CONSISTENT with the Consistency Comprehensive Plan because the proposed limited commercial use is Recommendation encouraged in the Community Mixed Use place type and would serve nearby existing and future residential developments. PLANNING BOARD ACTION The Planning Board considered this item at their December 5, 2024 meeting. Two members of the public spoke in opposition to the proposal, citing concerns with lighting and noise and with the uses of bar/bottle shop and mini golf establishment. Following extensive Board discussion regarding how the impacts on neighboring residents could be mitigated, the applicant agreed to two additional conditions regarding a limitation of the hours of the outdoor recreation component of the use and the buffer along Blossom Street. The speakers in opposition indicated that the proposed conditions would address their primary concerns. The Planning Board voted (6-0) to recommend APPROVAL of the proposed rezoning. The Board found it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the rezoning provides for the types of uses recommended in the Community Mixed Use place type. The Board also found recommending APPROVAL of the rezoning request was reasonable and in the public interest because the Castle Hayne corridor is anticipated to shift from residential to commercial uses along the highway. The Planning Board recommended the following conditions: 1. Permitted uses shall be limited to: Bar/Nightclub, Outdoor Recreation Establishment, and General Retail Sales. Z24-1 1 Staff Report PB 12.05.2024 Page 13 of 15 Board of Commissioners - January 6, 2025 ITEM: 11- 2 - 13 2. No exterior light poles with lighting fixtures shall be permitted. All other lighting must comply with the lighting standards of Section 5.5 Exterior Lighting. 3. The specimen live oak tree fronting Castle Hayne Road shall be preserved. 4. A shared parking agreement between 5406 Castle Hayne Road and 5400 Castle Hayne Road (Myer's Attic) will be recorded with the New Hanover County Register of Deeds before issuance of a Certificate of Occupancy. 5. Vehicle parking and vehicle access to the site are prohibited from Blossom Street. 6. A Type A Opaque Buffer with fencing and 1 0' width of vegetation per UDO Section 5.4.3, Transitional Buffer Standards, shall be provided on the site fronting Blossom Street, in lieu of a street yard. 7. There shall be no outdoor music, entertainment, or sound amplification past 9pm. STAFF RECOMMENDATION Staff's recommendation is based on the policy guidance of the Comprehensive Plan, zoning considerations, and technical review. The property is located in a part of Castle Hayne that has historically been a mix of uses. The proposed rezoning is near an 1-40 interchange and is located in an area that transitions from commercial uses along Castle Hayne Road to nearby residential uses. The proposed (CZD) B-2 rezoning is generally CONSISTENT with the Comprehensive Plan because the rezoning provides for the types of uses recommended in the Community Mixed Use place type, and the application limits uses to those which are more appropriate for the area and additional conditions reduce impact on adjacent residential areas. Staff recommend a change in wording from the Planning Board's condition #6, to match more closely with Ordinance requirements, reflected below. 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 rezoning to a Conditional B-2 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the rezoning provides for the types of uses recommended in the Community Mixed Use place type. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the Castle Hayne corridor is anticipated to shift from residential to commercial uses along the highway. Recommended Conditions: 1. Permitted uses shall be limited to: Bar/Nightclub, Outdoor Recreation Establishment, and General Retail Sales. 2. No exterior light poles with lighting fixtures shall be permitted. All other lighting must comply with the lighting standards of Section 5.5 Exterior Lighting. 3. The specimen live oak tree fronting Castle Hayne Road shall be preserved. Z24-1 1 Staff Report PB 1 2.05.2024 Page 14 of 15 Board of Commissioners - January 6, 2025 ITEM: 11- 2 - 14 4. A shared parking agreement between 5406 Castle Hayne Road and 5400 Castle Hayne Road (Myer's Attic) will be recorded with the New Hanover County Register of Deeds before issuance of a Certificate of Occupancy. 5. Vehicle parking and vehicle access to the site are prohibited from Blossom Street. 6. The required Street Yard landscaping along Blossom Street shall be supplemented with a minimum 10-foot-wide Type A: Opaque Buffer with fencing installed parallel to Blossom Street. Street Yard landscaping meeting the opacity requirements of Table 5.4.3.B.2 may be counted towards the Type A buffer requirement. 7. There shall be no outdoor music, entertainment, or sound amplification past 9pm. Alternative Motion for Denial (If based on information provided at the public hearing or other consideration beyond the scope of staff review, the Board finds approval appropriate). I move to DENY the proposed rezoning to a Conditional B-2 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the rezoning provides for the types of uses recommended in the Community Mixed Use place type, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal will adversely impact the adjacent residential areas. Z24-1 1 Staff Report PB 1 2.05.2024 Page 15 of 15 Board of Commissioners - January 6, 2025 ITEM: 11- 2 - 15 Case: Site Address: Existing Zoning/Use: Proposed Zoning/Use: N Z24-11 5406 Castle Hayne Rd (CZD) B-2 Q 0 Site U- Prince George Av Zoning o: Q B - 2 ❑ O&I RA u ❑ R-15 CZD" Garden Place Dr of Co missioners Ja ua 6, 20 Bowan p 1 ITEM: Case: Site Address: Existing Zoning/Use: Proposed Zoning/Use: N Z24-11 5406 Castle Hayne Rd (CZD) 6-; E::: 0 Site Prince George Av c -0 >, o _ ro Future Land Use ++ J � IN GENERAL RESIDENTIAL V COMMUNITY MIXED USE RURAL RESIDENTIAL Y I Bo of Commissioners - Janua 6, 20 Winan=0r\ ITEM: 11- 4 - 1 Case: Site Address: Existing Zoning/Use: Proposed Zoning/Use: N Z24-11 5406 Castle Hayne Rd (CZD) B-2 L Lynm N Z S a m Q o i O cC � H C mHot l. y=Shelter=Rd _ Molly Shelter=Rd O I Q Site Prince- -Geo rge-Av 0 > a I r= sowrn. G1 N V Nearby Properties Z24-11 / Parcels within 510 feet j7 � r� of missioners - Janua 6, 5 ITEM: 11- 5 1 Initial Application Documents & Materials Board of Commissioners - January 6, 2025 ITEM: 11- 6 - 1 NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina 28403 Telephone (910) 798-7165 FAX (910) 798-7053 planningdevelopment.nhcgov.com 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. (Optional) Pre -Application Conference 1. Applicant and Property Owner Information Applicant/Agent Name Owner Name (if different from Applicant/Agent) Company Company/Owner Name 2 Address Address City, State, Zip City, State, Zip Phone Phone Email Email Board of Commissioners - January 6, 2025 Page 1 of 6 ITEM: 11- 7-Clonditional Zoning District Application — Updated 02-2022 2. Subject Property Information Address/Location Parcel Identification Number(s) Total Parcel(s) Acreage 0.41 Acres Existing Zoning and Use(s) Future Land Use Classification 3. Proposed Zoning, Use(s), & Narrative Proposed Conditional Zoning District: I Total Acreage of Proposed District: Please list the 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. 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. Board of Commissioners - January 6, 2025 Page 2 of b ITEM: 11- 7-8onditional Zoning District Application — Updated 02-2022 5. Traffic Impact Please provide the estimated number of trips generated for the proposed use(s) based off the most recent version of the Institute of Traffic Engineers (ITE) Trip Generation Manual. A Traffic Impact Analysis (TIA) must be completed for all proposed developments that generate more than 100 peak hour trips, and the TIA must be included with this application. ITE Land Use: Trip Generation Use and Variable (gross floor area, dwelling units, etc.) AM Peak Hour Trips: I PM Peak Hour Trips: 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. Board of Commissioners - January 6, 2025 Page 3 of 6 ITEM: 11- 7-C3onditional Zoning District Application — Updated 02-2022 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. 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 - January 6, 2025 Page 4 of 6 ITEM: 11- 7-L4onditional Zoning District Application — Updated 02-2022 Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under "Applicant Initial". If an item is not applicable, mark as "N/A". Applications determined to be incomplete must be corrected in order to be processed for further review; Staff will confirm if an application is complete within five business days of submittal. Application Checklist ❑ This application form, completed and signed ❑ Application fee: • $600 for 5 acres or less • $700 for more than 5 acres • $300 in addition to base fee for applications requiring TRC review ❑ Community meeting written summary ❑ Traffic impact analysis (if applicable) • The official TIA approval letter is recommended prior to this item being placed on the Planning Board meeting agenda. The 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. ❑ Legal description (by metes and bounds) or recorded survey Map Book and Page Reference of the property requested for rezoning ❑ 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 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 ❑ One (1) hard copy of ALL documents and site plan. Additional hard copies may be required by staff depending on the size of the document/site plan. ❑ One (1) digital PDF copy of ALL documents AND plans Applicant Initial Board of Commissioners - January 6, 2025 Page 5 of 6 ITEM: 11- 7 -conditional Zoning District Application — Updated 02-2022 7. Acknowledgement and Signatures By my signature below, I understand and accept all of the conditions, limitations, and obligations of the Conditional Zoning District zoning for which I am applying. I understand that the existing Official Zoning Map is presumed to be correct. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. If applicable, I also appoint the applicant/agent as listed on this application to represent me and make decisions on my behalf regarding this application during the review process. The applicant/agent is hereby authorized on my behalf to: 1. Submit an application including all required supplemental information and materials; 2. Appear at public hearings to give representation and comments; 3. Act on my behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of this application; and 4. Provide written consent to any and all conditions of approval. Signature of Property Owner(s) Print Name(s) Signature of Applicant/Agent Print Name Note: This form must be signed by the owner(s) of record. If there are multiple property owners, a signature is required for each owner of record. 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 - January 6, 2025 Page 6 of 6 ITEM: 11- 7-&nditional Zoning District Application — Updated 02-2022 CASTLE HAYNE BOTTLE SHOP COMMUNITY MEETING INFO 10/28/2024 5:30PM The Bottle Shop, located at 5406 Castle Hayne Road will be a place to purchase retail beer, wine, local art gifts and more. It will also be a place to enjoy a glass of wine or craft beer. There will be no liquor and no late nights. It will be a family friendly place with Putt Putt, com hole, shuffleboard and other fun games for the entire family. There will also be acoustic music and food trucks a few days per week, with a shed in the back yard for an outdoor hangout. POTENTIAL HOURS OF BUSINESS Monday - Thursday: 3pm-9pm Friday & Saturday: 12pm-10pm Sunday: 12pm-8pm Parking: 8 spots in front of the Bottle Shop. 15 spots in the grass beside the Bottle Shop. 12 spots at Myers Attic after 5pm daily. Additional 25 plus spots behind Myers Attic. Customers will be directed with signs for where to park "No Parking" signs on Blossom St. *8ft fence built to keep anyone from coming in from Blossom St. * We hope to gain your support in adding this great place for social gathering right in the middle of town, perfect for anyone to stop in, either locals or just passersby. Cheers! Board of Commissioners - January 6, 2025 ITEM: 11- 8 - 1 Community Meeting Sign -In Sheet: Northen Regional Park Shelter #01 10/28/2024 5:30PM Name: SgID Address: _)3(aSSof)S+(`- cgJI -e 1 L.trzCE►�2�T` 1k0 Vple c-L- Ne, 2 5 win A1,0_ . C O s4-U at- m_.e_ � rli a �. B ✓� �� 4 r- Board of Commissioners - January 6, 2025 ITEM: 11- 8 - 2 Community Meeting Notice Mailout Owner Owner -Address 4403 WRIGHTSVILLE LLC ETAL 706 BAYSHORE DR 6144 CAROLINA BEACH ROAD LLC 30 COMMONWEALTH DR SUITE 1 AVELINO JAIMES A ROSENDO O AURORA 2 BOWMAN DR BAY FOODS INC PO BOX 2629 BUEN DIA INC 5512 CASTLE HAYNE RD CAPE FEAR PUBLIC UTILITY AUTHORITY 235 GOVERNMENT CENTER DR CASTLE PLAZA DEVELOPMENT LLC 1009 WATERVIEW PL DIXON WILLIAM RJR ELIZABETH H 5412 BLOSSOM ST FOSTER SAMANTHA SHEETS 5406 BLOSSOM ST GARCIA RAYO ANGEL ETAL 5514 BLOSSOM ST GARNER WILLIAM E JR HEIRS 5304 CASTLE HAYNE RD GSI CASTLE HAYNE LLC 6805 MORRISON BLVD SUITE 250 HARTS LARRY EDWARD NEVA H PO BOX 125 HEERA JUNG A 4111 CAPE LANDING RD HEWETT WILLIAM D HEIRS PO BOX 275 HUGGINS DAVID F HEIRS 5310 CASTLE HAYNE RD LONG ANNETTE M ETAL 15795 HICKORY LN P & A PROPERTIES LLC 702 WINDEMERE RD P & P ENTERPRISES LLC 3844 US HIGHWAY 221 QUALITY OIL COMPANY LLC 1540 SILAS CREEK PKWY RIVERA DONNA R 5402 BLOSSOM ST SMITH JAYNE UNDERWOOD 4634 PARMELE RD SWART DIRK C 3912 PRINCE GEORGE AVE SWART DIRK CORNELIS 3912 PRINCE GEORGE AVE TF HOLDINGS LIMITED PTNRP 6336 OLEANDER DR TF HOLDINGS LIMITED PTNRP 6336 OLEANDER DR #1 THOMAS JENNIFER 3828 PRINCE GEORGE AVE Board of Commissioners - January 6, 2025 ITEM: 11- 8 - 3 Count 27 Ow AQLLiv WILMINGTON, NC 28411 WILMINGTON, NC 28403 CASTLE HAYNE, NC 28429 ADDISON, TX 75001 CASTLE HAYNE, NC 28429 WILMINGTON, NC 28403 CAROLINA BEACH, NC 28428 CASTLE HAYNE, NC 28429 CASTLE HAYNE, NC 28429 CASTLE HAYNE, NC 28429 CASTLE HAYNE, NC 28429 CHARLOTTE, NC 28211 CASTLE HAYNE, NC 28429 CASTLE HAYNE, NC 28429 CASTLE HAYNE, NC 28429 CASTLE HAYNE, NC 28429 HAYMARKET, VA 20169 WILMINGTON, NC 28405 CRUMPLER, NC 28617 WINSTON SALEM, NC 27127 CASTLE HAYNE, NC 28429 CASTLE HAYNE, NC 28429 CASTLE HAYNE, NC 28429 CASTLE HAYNE, NC 28429 WILMINGTON, NC 28403 WILMINGTON, NC 28403 CASTLE HAYNE, NC 28429 Board of Commissioners - January 6, 2025 ITEM: 11- 8 - 4 Summary of October 28,2024 Community Meeting For Proposal of CASTLE HAYNE BOTTLE SHOP At 5:30pm on the evening of October 28, 2024 a community meeting was held at shelter number one in Castle Hayne Park of Castle Hayne, New Hanover County, North Carolina. The intention of this meeting was to introduce an idea for a wine and beer shop at 5406 Castle Hayne Rd., currently a residential home that has been rezoned for commercial use in the future. The property and three adjacent lots are owned by Douglas Brandon Paluck/P&P Enterprises LLC of 5404 Castle Hayne Rd. The Bottle Shop, located at 5406 Castle Hayne Road will be a place to purchase retail beer, wine, local art gifts, plants and more. It will also be a place to enjoy a glass of wine or craft beer, and light acoustic music. There will be no liquor and no late nights. It will be a family friendly place with Putt Puff, com hole, shuffleboard and other fun games for the entire family. There will also be acoustic music and food trucks a few days per week, with a shed in the back yard for an outdoor hangout. Potential hours of business. Monday - Thursday. • 3pm-9pm, Friday & Saturday_ 12pm-10pm, Sunday 12pm-8pm Parkins: 8 spots in front of the Bottle Shop, 12 spots at Myers Attic after 5pm daily. Additional 25 plus spots behind Myers Attic. The surrounding neighbors and members of the community were invited to share their thoughts and feelings on this establishment in their area of town. Some neighbors on the street adjacent to the backyard of the property, Blossom St., expressed their concern over increased traffic and street parking the bottle shop would bring, as well as possible noise and light pollution, which was duly addressed by Mr. Paluck. The solutions being an 8ft fence that has already been installed, preventing access to the property from Blossom Street where these neighbors live, in addition to "No Parking" signs on Blossom St., a tow company to monitor street parking, and the ample capacity of 60 total parking spots available on the actual property owned by Mr. Paluck. He also expressed that the noise from light acoustic music is intended to be for listeners and customers on the property, and the lighting will be dim incandescent string lights in the back yard with no security or street lighting overhead. Board of Commissioners - January 6, 2025 ITEM: 11- 8 - 5 Concept Plan Board of Commissioners - January 6, 2025 ITEM: 11- 9 - 1 BLOSSOM STREET 50' PUBLIC R/W Sp09—=p00'E=p-72.8p .10'3, r l�' PUTT PUTT AWA — 3.46' -- r- T. covEaEn e rn � � D (� m AREA c w l 7, 945 -90. FT. -n (L r9 U YARU A Z Q DEIaC J I1E.34' V / co onus SNP `- N cavap o I PORCH 0 SITE PLAN DETAILS MAX SOFT 17,945 MAIN HOUSE SOFT 962 COVERED PORCH SOFT 320 DECK SOFT 660 COVERED OUTDOOR SOFT 720 REG SETBACKS SIDE SETBACKS 12.34' ON NORTH SIDE PER BOA 976 22' ON SOUTH SIDE PER BOA993 o 0 � p GMVEL Z PAFAMC p Lw O SHARED P*AKM WALKWAY 4 Wfi= A7= AMD*ss 5400 CALTCE IMYNE 0 —M SERME POLE 76.12' Q PEN09.34'39'W�y�yp{ 3' CAN Board of Commissioners - January 6, 2025 ITEM: 11- 10 - 1 Public Comments In Support Neutral In Opposition Board of Commissioners - January 6, 2025 ITEM: 11- 11 - 1 Dickerson, Zachary From: noreply@civicpIus.com Sent: Wednesday, December 4, 2024 12:57 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; wbiddle@nhcgov.com; Doss, Amy; Dickerson, Zachary; lott@nhcgov.com Subject: Online Form Submission #15692 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 William Last Name Dixon Address 5412 Blossom Street City Castle Hayne State NC Zip Code 28429 Email rdixon256a�ec.rr.com Please select the case PB Meeting - Z24-11 - Castle Hayne Bottle Shop for comment. What is the nature of Oppose project your comment? Public Comment My name is William Dixon and my wife is Elizabeth Dixon. We have lived at 5412 Blossom Street for 48 years. We live directly across Blossom Street from where Brandon Paluck wants his property rezoned from residential to commercial. Brandon has held two meetings with the neighbors and has explained that he plans to put a bottle shop on the property. He has answered all of our questions. His intentions seem good but we don't think it is a good idea. We are worried that if he opens a bottle shop it could later be used as a bar/club. If his bottle shop fails 1 Board of Commissioners - January 6, 2025 ITEM: 11- 11 - 2 or if he decides to sell it in a couple of years, the new owners could open a bar with many less restrictions for traffic, parking, music, and late business hours. Upload supporting files If you need to support your comment with documentation, upload the files here. No more than 20MB in size total for all files. File types accepted are: doc, docx, ppt, pptx, txt, pdf, jpg, png. File 1 Field not completed. File 2 Field not completed. File 3 Field not completed. File 4 Field not completed. Email not displaying correctly? View it in your browser. 2 Board of Commissioners - January 6, 2025 ITEM: 11- 11 - 3 Case #Z24-11 Rezoning Request: 0.41 acres from R-15 to (CZD) B-2 Applicant & Property Owner: Douglas Brandon Paluck Zach Dickerson Senior Planner ZONING I" I 0 - 0 -- a Q - C 0 ti -�— —_ Prince George Av Zoning B-2 ate, 0&1 0 m RA 3 M - R-15 u m ji CZD I Z24-11 Garden Place Dr 8o�'man Dr Existing Site Conditions AI ,yy,--princE Gear9e Av---.�_.--.- Slide 5 Slide 6 Applicant's Concept Plan Proposed Shared Parking with Myer's Attic Proposed Parking N I � I 1 � � nao•iooa•E 2�e.6a• � � LANDSCAPE BUFFER •�� --^�P h 'yy^IWI, a g Proposed Outdoor I' o Recreation (Mini Golf) ,E6'843 A.0 ,E6.5L5 y 7 • hM1$� : t7H(7d x E Proposed Bottle Shop Melia�^xjypyp y�Q p B N !d I O &p 13 Variances Side Setback Variances N I 0 NW '00'E 48.64' r7 0II d M Outdoor o° Recreation Area o I S r'I N 2- q ° tl FU kAHF + V CO EO'8tr� ,�tre6L5 I e ` Transitional Buffer Variances Site Access HICKORY ST a z = CHERRY ST r O O ro I • Primary AcceSS PRINCE GEOR Proposed Pedestrian ASH ST Connection Slide 10 Trip Generation Traffic Generated by Present 1 Single Family Dwelling 1 AM / 2 PM Designation (R-15): Traffic Generated by Proposed Use (Bottleshop) Traffic Generated by Proposed Use (Outdoor Recreation) Increase in Traffic by Proposed Designation 1,900 sq ft bottle shop 18-hole mini golf 0 AM / 22 PM OAM/6PM -1 AM / +26 PM Strategic Plan Desired Outcomes A b LI s i ness-fri end ly =r -, ironment that promotes growth, agility, and ,_ v I laboratio n. Workforce & Economic Development Plan for the long-term. needs of businesses through timely, inncwative programs and community partnerships. Maintain new business growth within 2.5% of the state County sales tax year over year growth 1b higher than the state Sustainable Land Use & Environmental Stewardship Desire utcomes Natural areas and critical Reduce the number of new residential Iots created in specia en�+ilronmental features ere complimentissnnot Ensure development H � oed h azard a real with i n th e u n i n{o r orated cou n#y atural features. enhanced and protected. Reduce bacterial contaminants in county € reeks Compatibility • This part of Castle Hayne has historically been a mix of residential and commercial uses. • There are several community -level businesses in the surrounding area, including retail, a pharmacy, convenience stores, restaurants, and a bank. • Adaptive reuse of residential buildings is common along largely commercial corridors. • Variances have been approved for this project to reduce setbacks and buffers, along with recommended conditions intended to reduce the impact on nearby residential uses. New Hanover County Future Laud Use Map --:1 an,„=�., Couiry - 4 On aenaer covey The Future Land Use Map is not legally binding ike Una New Hanover County Zoning Map, It Is intended to be a general representation U the 25 year Aston for New HanwarG—ty created by the citizens wno ware �n�el�ea with Plan NHG, and wtll be used to guide future development deClslona. 2016 Comprehensive Plan Place Type: Community Mixed Use LAND USE A 0 0 u, 0 0 m -- Q C l O ti II Prince GeOrge Av -0 Future Land Use s m GENERAL RLSIDLNTIAL 0 Y m " COMMUNITY MIXED USE ro u m RURAL RESIDENTIAL u Z24-11 Garden Place Dr BO�mary Dp c X Planning Board Action • The Planning Board considered this item at their December 5, 2024 meeting. • The Board voted (6-0) to recommend approval of the request, finding it consistent with the Comprehensive Plan because it would provide the types of uses recommended in the Community Mixed Use place type. • The Board also found recommending approval was reasonable and in the public interest because the Castle Hayne corridor is anticipated to shift from residential to commercial uses along the highway. Recommended Conditions 1. Permitted uses shall be limited to: Bar/Nightclub, Establishment and General Retail Sales. Outdoor Recreation 2. No exterior light poles with lighting fixtures shall be permitted. All other lighting must comply with the lighting standards of Section 5.5 Exterior Lighting. 3. The specimen live oak tree fronting Castle Hayne Road shall be preserved. 4. A shared parking agreement between 5406 Castle Hayne Road and 5400 Castle Hayne Road (Myer's Attic) will be recorded with the New Hanover County Register of Deeds before issuance of a Certificate of Occupancy. 5. Vehicle parking and vehicle access to the site are prohibited from Blossom St. Recommended Conditions, continued 6. The required Street Yard landscaping along Blossom Street shall be supplemented with a minimum 10-foot-wide Type A: Opaque Buffer with fencing installed parallel to Blossom Street. Street Yard landscaping meeting the opacity requirements of Table 5.4.3.B.2 may be counted towards the Type A buffer requirement. 7. There shall be no outdoor music, entertainment, or sound amplification past 9pm. AERIAL � rF , �. _- -- - --_ ri ,r�` • 4 (s {fl F R - r al _ J ---------- lot",- - --- ,ay foe n _ Arl d:►� 1 a' --- - rF --- �:. r � � LL Pri g Geor e q�-- ; -- 41r r t � r- _ � . •..t�" ' � _ _-J i � � y it % w a) irk a q,. i 0 Z24-11 '� � - a, Garden`Place Dr NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/6/2025 Regular DEPARTMENT: Planning PRESENTER(S): Robert Farrell, NHC Development Review Supervisor CONTACT(S): Robert Farrell; Rebekah Roth, NHC Planning and Land Use Director SU BJ ECT: Public Hearing Text Amendment Request (TA24-05) - Request by New Hanover County Planning & Land Use to amend Table 5.1.2.A, Section 5.4.5, Section 5.4.6, Section 2.3, Section 4.3.2, and Table 4.2.1 of the New Hanover County Unified Development Ordinance (UDO) related to Accessory Dwelling Units, parking ratios for warehouses, parking lot landscaping, street -yard requirements, and mixed -use residential development BRIEF SUMMARY: Since the Unified Development Ordinance (UDO) was completed in November 2020, staff has regularly proposed amendments to keep the code clear, functional, and up-to-date. The changes included in the amendment are intended to be policy neutral, reflecting items staff has identified over the past year. As a note, all amendments are independent, allowing the Board to act on some or all of them without affecting others if further consideration or staff research is needed. Key updates in this amendment include: - Adjusting warehouse parking ratios to better align with local needs. - Allowing flexibility in parking lot landscaping when utilities or other improvements conflict. - Clarifying street -yard landscaping requirements for commercial uses without off-street parking. - Refining mixed -use residential standards by introducing a new definition for mixed -use dwellings. Amendment concepts were presented to the Planning Board on October 3, 2024, and released for public comment on November 7, 2024. Five public comments were received, but no changes were made, as the feedback requested changes beyond the scope of a maintenance amendment or were changes to existing policy. At the December 5, 2024, meeting, the Planning Board unanimously (6-0) recommended approval of the amendments, with additional discussions about reducing parking requirements for warehouses under 250,000 square feet. An amendment related to Accessory Dwelling Units (ADUs) was deferred for further research and will be revisited in February 2025. The Planning Board found the amendments 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 amendments reasonable and in the public interest because it provides for clear and effective ordinance standards. Board of Commissioners - January 6, 2025 ITEM: 12 STRATEGIC PLAN ALIGNMENT: e Good Governance Internal business processes ■ Provide equitable, effective, and efficient customer -driven practices. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends APPROVAL of the requested amendment. Please refer to the Script for suggested and alternative motion language. ATTACHMENTS: TA24-05 BOC Script TA24-05 BOC Staff Report TA24-05 Draft Amendments TA24-05 Public Comments Staff Presentation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - January 6, 2025 ITEM: 12 SCRIPT for Unified Development Ordinance Text Amendment (TA24-05) Request by New Hanover County Planning & Land Use to amend Table 5.1.2.A, Section 5.4.5, Section 5.4.6, Section 2.3, Section 4.3.2, and Table 4.2.1 of the New Hanover County Unified Development Ordinance (UDO) related to Accessory Dwelling Units, parking ratios for warehouses, parking lot landscaping, street -yard requirements, and mixed -use residential development. 1. This is a public hearing. We will hear a presentation from staff. Then any supporters and 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. Supporters' presentation (up to 15 minutes) c. Opponents' presentation (up to 15 minutes) d. Staff response to questions and comments (up to 5 minutes) e. Opponents' rebuttal (up to 5 minutes) 3. Close the public hearing 4. Board discussion 5. Vote on amendment. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why approval or denial of the rezoning request is reasonable and in the public interest. Example Motion of Approval I move to APPROVE the proposed amendment to the New Hanover County Unified Development Ordinance to adjust the parking ratio for the use of warehouse, allow administrative modifications to parking lot landscaping, and to clarify street yard requirements and mixed -use residential standards for commercial districts. 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 provides for clear and effective ordinance standards. Alternative Motion for Approval/Denial: I move to [Approve/Deny] the proposed amendment to the New Hanover County Unified Development Ordinance. I find it to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] I also find [Approval/Denial] of the proposed amendment is reasonable and in the public interest because [insert reasons] Board of Commissioners - January 6, 2025 ITEM: 12- 1 - 1 STAFF REPORT FOR TA24-05 TEXT AMENDMENT REQUEST REQUEST SUMMARY Case Number: TA24-05 Request: To amend Table 5.1.2.A, Section 5.4.5, Section 5.4.6, Section 2.3, Section 4.3.2, and Table 4.2.1 of the New Hanover County Unified Development Ordinance (UDO) related to Accessory Dwelling Units, parking ratios for warehouses, parking lot landscaping, street -yard requirements, and mixed -use residential development. Applicant: Subject Ordinances: New Hanover County Unified Development Ordinance (UDO) Purpose & Intent The key intent of this amendment is the following: • Adjust the parking ratio requirement for the use of Warehouse so it is better aligned with the needs of warehouse developments common in this area. • Allow administrative changes to the required parking lot landscaping when there are conflicts with utilities or other required improvements. • Clarify the applicability of street -yard requirements for commercial land uses that do not require off-street parking. • Clarify the mixed -use residential standards for commercial districts by adding a new use and definition for mixed -use dwellings. BACKGROUND Since the completion of the Unified Development Ordinance (UDO) Project in November 2020, staff have been regularly bringing forward policy neutral amendments to code provisions as part of ongoing efforts to ensure that the tools of the ordinance remain up to date, are clear to all users of the code, and continue to work the way they are intended. Potential amendment concepts were presented to the Planning Board at their October 3, 2024 meeting, and drafts of the amendments were released on November 7 for public comment. Staff received three public comments related to the amendment: 1. A desire to further reduce the parking ratio for warehouses and to expand the scope of the maintenance amendment to include parking reductions for additional land uses. 2. Amending the definition of Dwelling, Mixed -Use to allow ground floor residential units in structures that combine residential and commercial uses. 3. General opposition to the Dwelling, Mixed -Use and Mixed -Use Development standards. TA24-05 BOC Staff Report 1.6.2024 Board of Commissioners - January 6, 2025 ITEM: 12- 2 - 1 As a note, all amendments are discrete, and the Board may move forward with only some of them without impacting other proposed provisions in the case that particular amendments are determined to need additional consideration or staff research. Warehouse Parking Requirements Past Requirements Before November 2020, the county's Off -Street Parking Standards included all industrial, manufacturing, and warehousing uses into one category which required the following parking: Before November 2020: Table 5.1.4: Off -Street Parking Standards Use Required Off -Street Parking 1.5 parking spaces for every 2 employees on shift of greatest employment, 1 space for Industrial or Manufacturing each managerial personnel, 1 visitor parking Establishment or Warehouse space for every 10 managerial personnel, and 1 space for each vehicle used directly in the conduct of business. Current Requirements As part of the comprehensive update to the UDO in 2020, Planning staff reviewed the county's parking requirements. Staff determined that due to the changing nature of employees on a given shift, and other market driven employment factors, monitoring employee and managerial personnel on a site -by -site basis reduced a property's ability to efficiently change uses and meet local requirements. As a result of that analysis, the county adopted new parking standards in 2020: Current Requirements: Table 5.1.2.A: Minimum Off -Street Parking Use Required Off -Street Parking Warehousing 1.5 / 1,000 square feet Parking based on a ratio rather than the number of employees ensures warehouses have uniform parking and allows buildings to be reused without additional staff review or required changes to existing parking. TA24-05 BOC Staff Report 1.6.2024 Board of Commissioners - January 6, 2025 ITEM: 12- 2 - 2 Planning staff has been applying the 1 .5 / 1,000 square feet parking requirement for warehouses since November 2020. The UDO currently requires the following minimum parking for different example sizes of warehouses: Example Warehouse Size Required Parking 10,000 sf 15 20,000 sf 30 50,000 sf 75 100,000 sf 150 250,000 sf 375 500,000 sf 750 1,000,000 sf 1,500 Staff Analysis In recent months staff have received feedback from the development community that the current parking standards require more parking than is necessary for a warehouse use. Staff researched the parking requirements of surrounding local governments and several of the top jurisdictions in the state for industrial and warehousing jobs. Of the 1 1 jurisdictions researched, four base their parking on the number of employees while seven of the jurisdictions use a parking ratio based on building square footage. Using an example of a 50,000 square foot warehouse with 50 employees at the largest shift, Planning staff determined that New Hanover County required the largest number of parking spaces compared to the other 1 1 jurisdictions: Jurisdiction Example 50,000 sf and 50 Employees New Hanover County 75 Wilmington 50 Forsyth County 50 Catawba County 30 Columbus County 25 Wake County 25 Guilford County 20 Greensboro 16.5 Charlotte / Mecklenburg 12.5 Pender County 10 Brunswick County 10 Durham County 10 TA24-05 130C Staff Report 1.6.2024 Board of Commissioners - January 6, 2025 ITEM: 12- 2 - 3 A review of 15 warehouse projects showed that generally, projects under 20,000 square feet provide parking above the county's minimum requirement. However, as warehouse projects increase in size, parking needs begin to go down, evidenced by the increase in parking studies to reduce parking. Square Footage Parking Required Parking Provided 8,000 sf 12 14 8,800 sf 13 17 8,800 sf 13 17 10,000 sf 15 18 10,000 sf 15 18 10,000 sf 15 17 10,000 sf 15 23 12,500 sf 19 23 20,160 sf 22 30 21,000 sf 32 33 22,040 sf 33 42 32,990 sf* 49 25 62,437 sf* 94 89 425,250 sf 400 400 509,000 sf* 764 244 *Parking Study Reduction Staff divided the 15 warehouse examples into three categories and analyzed the average square footage of the buildings, parking actually provided by the development and determined the average parking ratio for each size category: Warehouse Size Average Square Feet Average Parking Required Average Parking Provided Average Parking Ratio 0 — 20,000 sf 9,700 14.6 18 1.8 / 1,000 20,001 — 250,000 sf 31,700 46 44 1.3 / 1,000 250,001 + sf 467,125 582 322 0.68 / 1,000 TA24-05 BOC Staff Report 1.6.2024 Board of Commissioners - January 6, 2025 ITEM: 12- 2 - 4 Staff Proposed Changes: Using the average parking ratios based on warehouse development since 2020 staff recommend amending the parking ratios by adding a scaled parking requirement that reduces parking as building square footage increases. Warehouse Size Average Parking Ratio Proposed Amendment 0 — 20,000 sf 1.8 / 1,000 1.5 / 1,000 20,001 — 250,000 sf 1.3 /1,000 1 / 1,000 250,001 + sf 0.68 / 1,000 1 / 2,000 Planning Board Discussion: At their December 3rd agenda review meeting, the Planning Board discussed the proposed amendment. The Planning Board was in general agreement with staff's direction to reduce parking based on different sized warehouses but felt the recommended warehouse sizes should also be reduced. The Planning Board suggested reducing the warehouse sizes from 250,000 and 250,001 to 100,000 and 100,001 square feet: Warehouse Size Proposed Amendment 0 — 20,000 sf 1.5 / 1,000 20,001 — 100,000 sf 1 / 1,000 100,001 + sf 1 / 2,000 Public Comment: Staff initiated maintenance amendments are intended to ensure that the tools of the ordinance remain up to date, are clear to all users of the code, and continue to work the way they are intended. Larger questions around county policy and broader changes to sections of the ordinance are outside the scope, purpose, and staff's role in bringing maintenance amendments to the board for consideration. Staff received two public comments related to the warehouse parking amendment. • The First comment stated a preference for a reduced parking ratio for not only warehouses but also all industrial, manufacturing, and self -storage uses. The request would result in changes to approximately 30 uses listed in the UDO. Due to the larger scale of the request and additional research and analysis necessary to determine whether the change is needed for those additional uses, staff did not include the requested parking ratio changes in the proposed amendment. TA24-05 BOC Staff Report 1.6.2024 Board of Commissioners - January 6, 2025 ITEM: 12- 2 - 5 Such changes can be initiated in the future through direction from the Board of Commissioners, county management, or through citizen -initiated applications to amend the UDO. • The second comment was a concern that reductions in parking would result in larger warehouses. While reduced parking could result in larger warehouses the information staff has received from the development community indicates the reduced parking would decrease the amount of impervious surface on a site and help projects address stormwater requirements. Parking Lot Landscaping Administrative flexibility allows changes to required landscaping standards when there are conflicts with easements, utilities, or other required improvements or unique features of a project. Currently the UDO grants staff flexibility to accept administrative modifications to Transitional buffers, Street Yard buffers, and Foundation Plantings. Staff do not currently have the same administrative flexibility for parking lot landscaping. Examples of parking lot landscaping include trees in parking islands and landscaping between parking lots. The proposed amendment uses existing language that grants staff flexibility for other landscaping sections to allow staff level administrative modifications to parking lot landscaping standards as well. Street Yard Standards Currently street yard landscaping is required for changes of use whenever additional off-street parking is required. There are four commercial land uses that do not have minimum parking requirements: • Bus and Taxi Terminal • Commercial Parking Lot or Facility • Recreational Vehicle and Boat Trailer Storage Lot • Other Intensive Industrial Uses Because they do not have minimum parking requirements, these land uses are exempt from street yard requirements. The proposed amendment adds that new or expanding commercial land uses requiring new vehicle parking or storage areas are also required to provide street yard landscaping. TA24-05 BOC Staff Report 1.6.2024 Board of Commissioners - January 6, 2025 ITEM: 12- 2 - 6 Mixed -Use Developments Before 2020, the Zoning Ordinance was a standalone document. The requirements for mixed -use developments were listed in Article 7: Provisions for Uses Allowed as Special Uses, Section 72-38: Residential Uses within Commercial Districts. The Zoning Ordinance and the other standalone County development regulations were combined into the Unified Development Ordinance (UDO) in 2020. This required reformatting the documents and this provision was added to the use specific standards included in Section 4.3 of the UDO. To find the requirements for mixed use developments, users look up the requirements for each type of dwelling unit (single-family, attached, dual unit attached, etc) then get redirected to Section 4.3.2.2 Dwellings, Multi -Family which listed the requirements for both multi -family dwellings and mixed -use developments. Staff found this resulted in confusion for ordinance users. While Section 4.3.2.2 includes a description and intent for a mixed -use development, the ordinance does not specifically include a definition of the term. The intent of the proposed amendment is to remain policy neutral by maintaining the current ordinance requirements for mixed -use developments in New Hanover County. The amendment creates a new dwelling unit type specifically for mixed -use developments, definitions for both mixed -use dwellings and mixed -use developments, and moves the existing mixed -use development standards from the multi -family dwelling section to a separate, distinct section of the ordinance. Public Comments Staff received two public comments regarding the mixed -use dwelling and mixed -use development amendments. • The first was related to the proposed definition of Dwelling, Mixed -Use. The comment suggested that mixed -use dwellings allow residential units on the ground floor of buildings that contained residential and commercial uses. Staff considered the request and determined it would constitute a change in the county's existing policy on mixed -use development. The purpose of staff's recommended amendment is to clarify the county's existing policies and procedures for mixed -use development. As a result, the proposed change was not incorporated into the amendment. • The second comment was in general opposition citing concern that the change would restrict the ability for single-family homes to be built on B-2 parcels in the Seabreeze area. Historically New Hanover County has not permitted residential development in a commercial zoning district unless it was part of a mixed -use development. The proposed amendment does not change any of the current requirements or procedures for establishing a mixed - use development in a commercial district. The intent is to provide additional clarity to ensure applications for mixed -use projects meet the county's requirements. TA24-05 BOC Staff Report 1.6.2024 Board of Commissioners - January 6, 2025 ITEM: 12- 2 - 7 PLANNING BOARD RECOMMENDATION The Planning Board considered the proposed amendment at their December 5, 2024 meeting. At the public hearing, no one spoke in support of or in opposition to the proposed amendments. The Planning Board was in general agreement with the proposed amendments and had additional discussions about reducing the parking requirements for warehouses under 250,000 square feet. Staff had also included a proposed maintenance amendment related to Accessory Dwelling Units (ADUs). The Planning Board requested additional research before making a recommendation. Staff anticipate bringing that portion of the maintenance amendment back to the Planning Board at their February 6 meeting. The Planning Board voted unanimously (6-0) to recommend approval of the maintenance amendments, instructing staff to conduct additional research related to ADUs for a future meeting, and with the Planning Board's recommended changes to reducing the size of warehouses used in calculating parking ratios. Warehouse Size Proposed Amendment 0 — 20,000 sf 1.5 / 1,000 20,001 — 100,000 sf 1 / 1,000 100,001 + sf 1 / 2,000 The Planning Board found the amendments 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 amendments reasonable and in the public interest because it provides for clear and effective ordinance standards. STAFF RECOMMENDATION Staff concurs with the Planning Board's recommended changes to the warehouse parking requirements and suggests the following motion: I move to APPROVE of the proposed amendment to the New Hanover County Unified Development Ordinance to adjust the parking ratio for the use of warehouse, allow administrative modifications to parking lot landscaping, and to clarify street yard requirements and mixed -use residential standards for commercial districts. 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 provides for clear and effective ordinance standards. TA24-05 BOC Staff Report 1.6.2024 Board of Commissioners - January 6, 2025 ITEM: 12- 2 - 8 Subject Articles and Sections • Article 4 Uses and Use -Specific Standards o Section 4.3.2 Residential Uses o Table 4.2.1 Principal Use Table • Article 5 General Development Standards o Table 5.1.2.A Minimum Off -Street Parking o Section 5.4.5 Parking Lots o Section 5.4.6 Street Yard Standards • Article 2 Measurements and Definitions o Section 2.3 Definitions and Terms TA24-05 BOC Staff Report 1.6.2024 Board of Commissioners - January 6, 2025 ITEM: 12- 2 - 9 2025-01 Board of Commissioners Public Hearing Draft PROPOSED AMENDMENT The proposed text amendment is attached, with red italics indicating new language, sticikethiceugh indicating text that is to be removed, and green auuc_ indicating Planning Board recommended language. Table 5.1.2.A: Minimum Off -Street Parking Warehousing, Storage, & Wholesale Sales and Distribution Dry Stack Boat Storage Facility, Stand -Alone 1 per 4 dry docks Motor Freight Transportation Warehousing 2/1,000 sf Recreational Vehicle and Boat Trailer Storage Lot No minimum Warehousing .5/1,000 s# 20,000 sf or less: 1.511,000 sf 20, 001 sf to 250, 666 100, 000 sf: 1/1,000 sf 250,661 100,001 sformore: 1/2,000 sf Wholesaling 1.5/1,000 sf Wholesaling Seafood with Water Frontage 1.5/1,000 sf Section 5.4.5 Parking Lots F. On a case -by -case basis, the Planning Director may approve alternative planting materials, substitutions to parking lot planting requirements or the relocation of required parking lot plantings where requirements would not be practical due to utilities, existing vegetation or other unique conditions. Such modifications shall be determined to be in keeping with the purpose and intent of this section. 5.4.6 Street Yard Standards A. Street yard landscaping is required for new construction of principal structures, expansions to existing structures, new or expanding commercial land uses that require new vehicle parking or storage areas, and changes of use whenever additional off-street parking is required, excluding the following uses: 1. General Agricultural and Forestry Uses; 2. Residential development unless built to the commercial building code; 3. Private Residential Boating Facilities; 4. Cemeteries; Board of Commissioners - January 6, 2025 ITEM: 12- 3 - 1 2025-01 Board of Commissioners Public Hearing Draft 5. Park and Recreation Areas with no structures or parking areas -,end 6. Utility lines. Article 2 Measurements and Definitions Section 2.3 Definitions and Terms Dwelling, Mixed -Use Any dwelling unit type listed in the Unified Development Ordinance that is part of a mixed -use development. Mixed -Use Dwellings may be separate from commercial uses within the same development or combined with a commercial unit or units with a separate residential dwelling unit or units located on any floor except the ground floor. Mixed -Use Development Development consisting of a mix of residential and non-residential development established to provide innovative opportunities for an integration of diverse but compatible uses into a single development that is unified by distinguishable design features with amenities and walkways to increase pedestrian activity. Article 4 Uses and Use -Specific Standards Section 4.3 Standards for Specified Principal Uses Section 4.3.2 Residential Uses A. Household Living 1. Dwelling, Dual -Unit Attached a. In the R-20, R-15, R-10, and R-7 zoning districts, dual -unit attached dwellings are only allowed as part of a performance residential development and are subject to the maximum density for the district. [09-08-2020] 2. Dwelling, Mixed -Use a. Mixed Use Dwellings in the 8-1 and 8-2 districts shall comply with the following standards: 1. Dwelling units must be part of a mixed -use development established to provide innovative opportunities for an integration of diverse but compatible uses into a single development that is unified by distinguishable design features with amenities and walkways to increase pedestrian activity. Board of Commissioners - January 6, 2025 ITEM: 12- 3 - 2 2025-01 Board of Commissioners Public Hearing Draft 2. The development shall be single ownership or unified control of a property owners association. 3. Uses within the development are restricted to residential uses and uses allowed in the 8-1 district. 4. Sidewalks must be provided throughout the project. 5. Parking location and quantity shall be shared. 6. Community facilities and / or common area shall be provided. 7. Conceptual elevations indicating proposed architectural style and conceptual lighting plans shall be submitted with the application. 8. Mixed -use dwellings must comply with the requirements of Article 6 Subdivision Design and Improvements even if the project does not involve the subdivision of land. 9. Mixed -use dwellings must provide a site plan meeting the requirements of Section 10.3.6 Site Plan in accordance with the county's application and review requirements for the Technical Review Committee (TRC). Dwelling, Multi -Family a. In the R-20, R-15, R-10, and R-7 zoning districts, multi -family dwellings are only allowed as part of a performance residential development and are subject to the maximum density for the district. [09-08-20201 ice - -family -B-2 districts shall con-iply with the foilowing El J IQIIUQIUJ. I .— ve opportun t es for an integration of diverse but compatibie uses into a single developnient that is unified by distinguishable design feattires with arnenities and walkways toinerease pedestrian activity. L.- The develop n-ient shail be singie ownership or unified control of a proptfty owners assoe at on. J.- Uses vvmthwn the development ffe 1'eStl'"Cted to residential uses and t1se's allOVN in the B-1 d4strmet. +—S4devvalks rntist be provided throughout the projeet. L J.-shared. 6.—Con-initinity facilities and / or cornmon area shall be provid Z_ - . B.— iighting plans shall be submitted with the applicati b.-e-. Multi -family dwellings in all districts shall be reviewed in accordance with the same standards as established in this ordinance for subdivisions even if the project does Board of Commissioners - January 6, 2025 ITEM: 12- 3 - 3 2025-01 Board of Commissioners Public Hearing Draft not involve the subdivision of land. A site plan shall be submitted in accordance with Section 10.3.6, Site Plan. [05-03-2021] 4. 3-. Dwelling, Quadraplex a. In the R-20, R-15, R-10, and R-7 zoning districts, quadraplex dwellings are only allowed as part of a performance residential development and are subject to the maximum density for the district. [09-08-2020] �I�rl�Irli/lN tiVl�l�1111 �1 71��\�1�1 �1ir1�l���Y��Ib1\\l�l1�7�7�r1I1�1�1��1i1\���1'II\fit\�1�L�1r NiL IlGP7UJ 5. 4-. Dwelling, Single -Family Detached [RESERVED] 6. r Dwelling, Triplex In the R-20, R-15, R-10, and R-7 zoning districts, triplex dwellings are only allowed as part of a performance residential development and are subject to the maximum density for the district. [09-08-2020] 7. 6. Dwelling, Row -Style a. In the R-20, R-15, R-10, and R-7 zoning districts, row -style dwellings are only allowed as part of a performance residential development and are subject to the maximum density for the district. [09-08-2020] 8. 7-. Dwelling, Two -Family (Duplex) [11-16-2020] Two-family dwellings in mixed -use residential developments shall only be allowed in the B-2 district. shaii eornpiy with the standards for rntAti-famwiy. Board of Commissioners - January 6, 2025 ITEM: 12- 3 - 4 2025-01 Board of Commissioners Public Hearing Draft PROPOSED AMENDMENT The proposed text amendment is attached, with red italics indicating new language and ugh indicating text that is to be removed. Unified Development Ordinance Table.. .. Ke P Permitted by Right S = Special Use Permit Required *= Specific Use Standards Apply in District blankle -. Zoning Districts Use H J CC G C=C G I N M N NLn2 2 2 2 G '(� m N V N V N R 1A M a� Q cc oc oC oc aC ac ad cc W cc a 5 m V CO O to V Q — — =) �n Dwelling, Dual -Unit Attached P* P* P* P* P P P P P P P _S± 5* P 4.3.2 Dwelling, Multi -Family [5-03-2021] P* P* P* P* P* P* P* P* P* P* _ r* P* 4.3.2 Dwelling, Quadraplex P* P* P* P* P P P P P P P -S _S_* P 4.3.2 Dwelling, Single -Family Detached P P P P P P P P P P P P P P _S r* P 4�. - Dwelling, Triplex P* P* P* P* P P P P P P P _S± _S± P 4.3.2 Dwelling, Row -Style P* P* P* P* P P P P P P P _S± _S± P 4.3.2 Dwelling, Two -Family (Duplex) S P S P P P P P P P P _S_* P 4.3.2 Dwelling, Mixed -Use P* P* S* S* 4.3.2 Board of Commissioners - January 6, 2025 ITEM: 12- 3 - 5 Public Comments In Support Neutral In Opposition Board of Commissioners - January 6, 2025 ITEM: 12- 4 - 1 Farrell, Robert From: noreply@civicpIus.com Sent: Monday, December 2, 2024 4:36 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; wbiddle@nhcgov.com; Doss, Amy; Dickerson, Zachary; lott@nhcgov.com Subject: Online Form Submission #15655 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 Last Name Address City State Zip Code Email Please select the case for comment. What is the nature of your comment? Terrilyn Phillips 809 Bluebird Lane Wilmington NC 28409 Terrphi106(@gmail.com PB Meeting - TA24-05 - UDO Maintenance Amendment Neutral Public Comment What problem does this fix? Does this issue address environmental concerns, respond to citizen outcry or reverse public endangerment? Upload supporting files If not, then why is this necessary? 1 Board of Commissioners - January 6, 2025 ITEM: 12- 4 - 2 Farrell, Robert From: noreply@civicpIus.com Sent: Thursday, November 28, 2024 11:20 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; wbiddle@nhcgov.com; Doss, Amy; Dickerson, Zachary; lott@nhcgov.com Subject: Online Form Submission #15591 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 Last Name Address City State Zip Code Email Please select the case for comment. What is the nature of your comment? Laura McCabe 2302 New Orleans Place Wilmington NC 28403 t38ms1 Iv3r(@gmail.com PB Meeting - TA24-05 - UDO Maintenance Amendment Neutral Public Comment Thank you for the opportunity to comment. Kudos to staff for the detailed research on how NHC's warehouse parking requirements compare to other benchmark counties. While I support the reduction in required parking spaces proposed in the warehouse parking amendment, I am concerned that this will simply result in larger warehouses, or placement of warehouses on sites that previously would not have qualified. This feels like a "gimmee" to the development community when it could be an opportunity to reduce impervious surface area. 3 Board of Commissioners - January 6, 2025 ITEM: 12- 4 - 3 As written, the impervious surface area will likely remain the same - warehouse roof instead of paved parking. Please consider the potential unintended consequences of approving the warehouse parking amendment as written. Upload supporting files If you need to support your comment with documentation, upload the files here. No more than 20MB in size total for all files. File types accepted are: doc, docx, ppt, pptx, txt, pdf, jpg, png. File 1 Field not completed. File 2 Field not completed. File 3 Field not completed. File 4 Field not completed. Email not displaying correctly? View it in your browser. 4 Board of Commissioners - January 6, 2025 ITEM: 12- 4 - 4 Farrell, Robert From: Brad Schuler <bschuler@paramounte-eng.com> Sent: Wednesday, November 20, 2024 4:26 PM To: Farrell, Robert Cc: Roth, Rebekah Subject: Public Comment - TA24-05 Warehouse Parking Follow Up Flag: Follow up Flag Status: Completed ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Robert, Thanks for researching the warehousing parking standards and proposing a standard that better aligns with the parking needs for these businesses. Overall, I am supportive of reducing the required parking for warehouses as the current standard far exceeds what is needed and either results in unnecessary impervious surface or additional work on the property owner by having to conduct a parking demand study. I do feel however that the proposed amendment could be improved by 1) further reducing the proposed parking standard to align more with other communities, and 2) by also recommending parking reductions to manufacturing and mini -warehousing uses. As presented to the Planning Board, the current parking standard would require 75 spaces for a 50,000 square foot warehouse, which is the highest of the 12 jurisdictions listed. The proposed standard would only reduce the required parking for the same building to 50 spaces, which still would be tied for the highest required of the 12 jurisdictions listed. In addition, it is important to note that Wilmington parking standards for non-residential uses are maximums and not minimums. The 50 spaces listed for Wilmington would be the maximum allowed, allowing the business to be approved with any amount of parking less than that. When removing New Hanover County's and Wilmington's standards, the average required parking for a 50,000sf warehouse would equate to 21 spaces or about 1 space per 2,400sf. The proposed amendment would only reduce parking to 50 spaces while the average of the other communities (excluding NHC and Wilmington) is 21. 10 1 Board of Commissioners - January 6, 2025 ITEM: 12- 4 - 5 Secondly, manufacturing and mini -warehousing uses should also have their parking standards reduced. The vast majority of the manufacturing uses listed in the UDO require the same parking standard of 1.5 spaces per 1,000sf. While I definitely understand staff's desire to have a parking standard based on square feet, the parking needed for these businesses is largely based on the number of employees. The current standard does not accurately reflect this and thus may result in unneeded parking. In addition, parking demand studies would likely use employee count or similar buildings approved in other jurisdictions with lower parking standards to justify the need for less parking. It is important to note that the County's previous parking standard for industrial uses was mostly based on the number of employees and there have been no parking issues to my knowledge along the 421 corridor or in our industrial parks. Simply put, businesses seem to be aware of the amount of parking they need for their specific operations. In addition, of the other 10 jurisdictions listed above with minimum parking standards, most of the manufacturing/industrial standards are based on employee count or have large square footage standards: 1. Winston-Salem/Forsyth County a. Manufacturing A, B, C i. 0.67 spaces per employee on largest shift + 1 space per vehicle used in the operation 2. Catawba County a. Manufacturing, processing and assembly i. 0.6 spaces per employee on largest shift 3. Columbus County a. Industrial uses i. 1 parking space for each 2 employees on the largest shift 4. Wake County a. Manufacturing, Production and Industrial Service i. 1 space per 2 employees on the shift of maximum employment plus 1 space for every truck to be stored or stopped simultaneously 5. Guilford County a. Manufacturing i. 0.67 spaces per employee on peak shift + 1 per 200sf of retail sales or customer service area + 1 per vehicle used in operations 6. Greensboro a. Light/Heavy Industrial i. Up to 20,000sf: 1 space per 2,000sf ii. 20,001 + sf: 1 per 3,030sf 7. Charolotte/Mecklenburg a. Industrial Uses i. Up to 40,000 sf: ranges from 1 space per 1,000sf to 1 space per 2,000sf ii. 40,000+ sf: ranges from 1 space per 2,500sf to 1 space per 4,000sf 8. Pender County a. Heavy/Light Industrial i. 1 space per 1,000sf floor area 9. Brunswick County a. Heavy/Light Industrial i. 1 space per 1,000sf floor area 10. Durham a. Heavy/Light Industrial i. 1 space per 1,000sf floor area As for mini-warehouse/self-storage facilities, the current standard of 0.5 spaces per 1000sf of rentable storage area far exceeds what is needed for these facilities. I first became aware of the warehousing parking issue when our firm was designing a mini -warehouse facility on Market Street. That facility would have required 49 parking spaces and, through the parking demand study option, was approved with just 10 parking spaces 2 Board of Commissioners - January 6, 2025 ITEM: 12- 4 - 6 (approx. 80% decrease). When examining other storage facilities along Market Street, we found that 1 space was provided per approximately 1 1,000sf of building area. Thank you for consideration on this matter. Brad Schuler, AICP Paramounte Engineering, Inc. 1 122 Cinema Drive Wilmington, NC 28403 Office: (910) 791-6707 1 Cell: (252) 531-9971 Fax: (910) 791-6760 1 www.paramounte-eng.com 3 Board of Commissioners - January 6, 2025 ITEM: 12- 4 - 7 Farrell, Robert From: Allison Engebretson <aengebretson@paramounte-eng.com> Sent: Wednesday, November 20, 2024 10:04 AM To: Farrell, Robert Cc: Brad Schuler Subject: RE: Mixed Use Dwelling ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Robert, Thanks for the follow up. It sounds like you want to make the ordinance a little easier to create mixed use buildings. Our question is why mixed -use buildings need regulation on where commercial and residential units exist in a shared building. We have commercial and ground floor units proposed in one mixed -use building. This helps meet ADA standards/ regulations and it support aging residents not have to negotiate steps. So, it sounds Like we have to remove those residential units or make it a separate building altogether. That seems odd. Thanks, Allison Allison Engebretson, RLA Paramounte Engineering, Inc. 1 122 Cinema Drive I Wilmington, NC 28403 Office: (910) 791-6707 1 Cell: (910) 620-7262 1 Fax: (910) 791-6760) 1 www.paramounte-eng.com From: Farrell, Robert <rfarrell@nhcgov.com> Sent: Wednesday, November 20, 2024 9:01 AM To: Allison Engebretson <aengebretson@paramounte-eng.com> Cc: Brad Schuler <bschuler@paramounte-eng.com> Subject: Mixed Use Dwelling Good morning, Following up from our meeting yesterday, there was a comment made about the proposed maintenance amendment. Currentlythe UDO defines "Mixed -Use Residential" as "a structure that combines a commercial unit or unit(s) with a separate residential dwelling unit or units located on any floor except the ground floor." Staff is proposingto delete that and replace itwith "Dwelling, Mixed Use" with the proposed definition of "Any dwelling unit type listed in the Unified Development Ordinance that is part of a mixed -use development. Mixed Use Dwellings may be separate from commercial uses within the same development or combined with a commercial unit or units with a separate residential dwelling unit or units located on anyfloor except the ground floor." Does that help clarify that mixed use developments would allow residential dwellings as separate units from a commercial building, but if included in a commercial structure would be required on the second floor or above? Or is there concern that residential should also be allowed on the ground floor in a combined residential / commercial building? Thanks, 1 Board of Commissioners - January 6, 2025 ITEM: 12- 4 - 8 Farrell, Robert From: noreply@civicpIus.com Sent: Wednesday, November 20, 2024 6:48 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; wbiddle@nhcgov.com; Doss, Amy; Dickerson, Zachary; lott@nhcgov.com Subject: Online Form Submission #15467 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 Katherine Last Name Tylee Address 1056 Seabreeze Rd South City WILMINGTON State NC Zip Code 28409 Email Kmtylee(agmail.com Please select the case PB Meeting - TA24-05 - UDO Maintenance Amendment for comment. What is the nature of Oppose project your comment? Public Comment In regard to the proposed addition of the terminology "mixed - use dwellings" and the elimination of "single-family dwelling" via Special Permit in a Commercial district: I think that this would hurt residential development in the area of Seabreeze, between Seabreeze Rd S and Elm St area. To add a requirement that sidewalks are installed is just silly in an area that has not a single sidewalk, no pedestrian walkways at all, not even a shoulder on the road. This is a big reason why I feel that the Community Mixed Use place type is wrong for this 1 Board of Commissioners - January 6, 2025 ITEM: 12- 4 - 9 area. We are a residential area with a bunch of obsolete, impractical B-2 lots predating zoning but given theat zoning designation when zoning began in 1971. This amendment seems to me to make it more difficult for this neighborhood to grow residential and that is not something I can support. Upload supporting files If you need to support your comment with documentation, upload the files here. No more than 20MB in size total for all files. File types accepted are: doc, docx, ppt, pptx, txt, pdf, jpg, png. File 1 Field not completed. File 2 Field not completed. File 3 Field not completed. File 4 Field not completed. Email not displaying correctly? View it in your browser. 2 Board of Commissioners - January 6, 2025 ITEM: 12- 4 - 10 UDO Maintenance Amendment Public Hearing Robert Farrell Development Review Supervisor Ongoing UDO Maintenance Amendments • Clarifications of ordinance standards and requirements • Updates to existing standards to ensure ordinance provisions are effective Planning & Land Use Slide 3 Potential Amendment Concepts • Adjust the parking ratio requirement is better alighted with the warehouse common in this area. for Warehouse so it developments • Allow administrative changes to required parking lot landscaping when there are conflicts with utilities or v other required improvements. Potential Amendment Concepts • Clarify the applicability of street -yard requirements for commercial land uses that do not require off-street parking. • Clarify the mixed -use residential standards for commercial districts by adding a new use and definition for mixed -use dwellings. Planning and Land Use Slide 6 Planning and Land Use Slide 7 Planning and Land Use Slide 8 Parking Lot Landscaping Flexibility • Proposed Amendment: • Section 5.4.5.E On a case -by -case alternative planting requirements or th where requirements vegetation or other determined to be i section. basis, the Planning Director may approve materials, substitutions to parking lot planting e relocation of required parking lot plantings would not be practical due to utilities, existing unique conditions. Such modifications shall be n keeping with the purpose and intent of this Street Yards Four uses without minimum parking requirements: • Bus and Taxi Terminal • Commercial Parking Lot or Facility • Recreational Vehicle and Boat Trailer Storage Lot • Other Intensive Industrial Uses Street Yards • Section 5.4.6.A • Street yard landscaping is required for new construction of principal structures, expansions to existing structures, new or expanding commercial land uses that require new vehicle parking or storage areas, and changes of use whenever additional off- street parking is required, excluding the following uses: • General Agricultural and Forestry Uses; • Residential development unless built to the commercial building code; • Private residential boating facilities; • Cemeteries; • Park and Recreation Areas with no structures or parking areas; and • Utility lines. Mixed Use Dwellings and Mixed Use Developments TableTable Key. P Permitted by Right S Special Use Permit Requored *= Specific Use Standards Apply in District blank cell not 'd Zoning Districts Use _ M � Ln LL m eq n, a a P* P* Px a� P* a� P OE P OE P orf P a: P 0. P D P m Sx U m D Dwellings Dual -Unit Attac-a-d 5* P 4.3.2 Dwelling Multi -Family [3-03- —211 P* P.�. PV D* P* PX Px PV Pu Px SV S* P* 4.3.2 Dwelling Quadraplex P* P, PV P P P P P P P SV S* P 4.3.2 Dwelling, Single -Family Detached P P P P P P P P P P P P P P SV S* P 44.4 Dwelling Triplex P* P` PV P* P P P P P P P - S* P 4.3.2 Dwellings Row -Style P* P.�. PV P* P P P P P P P SV S* P 4.3.2 Dwellings Two -Family (Duplex) S P S P P P P P P P P S* P 4.3.2 I" Slide 12 Mixed Use Dwellings Dwelling, Multi -Family a. In the R-20, R-15, R-10, and R-7 zoning districts, multi -family dwellings are only allowed as part of a performance residential development and are subject to the maximum density for the district. [09-08-2020] b. Multi -family dwellings in the B-1 and B-2 districts shall comply with the following standards: 1. Dwelling units must be part of a mixed -use development established to provide innovative opportunities for an integration of diverse but compatible uses into a single development that is unified by distinguishable design features with amenities and walkways to increase pedestrian activity. 2. The development shall be single ownership or unified control of a property owners association. 3. Uses within the development are restricted to residential uses and uses allowed in the B-1 district. 4. Sidewalks must be provided throughout the project. 5. Parking location and quantity shall be shared. 6. Community facilities and / or common area shall be provided. 7. Mixed -Use Residential buildings are permitted and encouraged. 8. Conceptual elevations indicating proposed architectural style and conceptual lighting plans shall be submitted with the application. Mixed Use Dwellings and Mixed Use Developments a. .a I U se Table Key- P Permitted by Right S S pecia I Use Perm it Requi red Specific Use Stand a rds Ap ply I n District blank cell = not a I I owed Adh6 Zoning Districts Use z Wh # d a� +;a Ln 7 0 LL_ 2 2 a 2 7 m r+ �3 U to w+ Of ac o a c� cc c tc �o u m 0 Ln _ _ tA Dwelling, Dual -Unit Attached P* P, P* W P P F P P P _91 .91 P 4.3.2 Dwe1I i ng, M u Iti-Fam i ly [5-03-2021 ] P* P* P* P* Pr F" P", A P_ _91 91 P# Dwell i ng, Quad rapt ex P* F ` P* P'* P P F P P F -&*- P 4.3.2 Dwelling, Single -Family Detached F = P P P P P =' P F P P F 9** 9* P d Dwell i ng, Tripl ex P* P* P* P* _' P F P P P SA &i r. 4.3.2 Dwelling, Row -Style P* P" P* P* _' = F P P P 4 F 4.3.2 Dwelling, Two -Family (Duplex) S P S P =' = P P P P P P I 4.3.2 Dwelling, Mixed -Use = F 1` S* 4,3.2 Mixed Use Developments • Proposed Amendment: • Mixed -Use Development Development consisting of a mix of residential and non-residential development established to provide innovative opportunities for an integration of diverse but compatible uses into a single development that is unified by distinguishable design features with amenities and walkways to increase pedestrian activity. Mixed Use Dwellings • Proposed Amendment: • Dwelling, Mixed -Use Any dwelling unit type listed in the Unified Development Ordinance that is part of a mixed -use development. Mixed -Use Dwellings may be separate from commercial uses within the same development or combined with a commercial unit or units with a separate residential dwelling unit or units located on any floor except the ground floor. Mixed -Use Dwellings Dwelling, Mixed -Use a. Mixed -Use Dwellings in the B-1 and B-2 districts shall comply with the following standards: 1. Dwelling units must be part of a mixed -use development established to provide innovative opportunities for an integration of diverse but compatible uses into a single development that is unified by distinguishable design features with amenities and walkways to increase pedestrian activity. 2. The development shall be single ownership or unified control of a property owners association. 3. Uses within the development are restricted to residential uses and uses allowed in the B-1 district. 4. Sidewalks must be provided throughout the project. 5. Parking location and quantity shall be shared. 6. Community facilities and / or common area shall be provided. 7. Conceptual elevations indicating proposed architectural style and conceptual lighting plans shall be submitted with the application. 8. Mixed use dwellings must comply with the requirements of Article 6 Subdivision Design and Improvements even if the project does not involve the subdivision of land. 9. Mixed use dwellings must provide a site plan meeting the requirements of Section 10.3.6 Site Plan in accordance with the county's application and review requirements for the Technical Review Committee (TRC). Planning Board Action The Planning Board considered this item at their December 5 meeting and voted unanimously (6-0) to recommend APPROVAL of the proposed text amendment. 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 Planning Board also found recommending APPROVAL of the rezoning request was reasonable and in the public interest because the amendment provides for clear and effective ordinance standards. Next Steps Concept Presentation Release Draft Amendment for Public Comment Public Comment Period Public Hearing Staff Report & Draft Released Planning Board Public Hearin MMM11" Board of Commissioners Public Hearing Update UDO and Appendix and post to website October 3, 2024 November 7, 2024 November 7 — November 201 2024 November 27, 2024 w December 5, 2024 January 9, 2025 January 10, 2025