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HomeMy WebLinkAboutAgenda 02-03-2025NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 Government Center Drive, Suite 175, Wilmington, INC 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 FEBRUARY 3, 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 Wes Hunter, Masonboro Baptist Church) PLEDGE OF ALLEGIANCE (Chair Bill Rivenbark) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Approval of Order for Advertisement of 2024 Unpaid Tax Liens on Real Property 3. Approval of December 2024 Tax Collection Reports 4. Approval of the I nterlocal Agreement (I LA) between New Hanover County 911 and Raleigh -Wake 911 5. Approval of the Award of Bid for the Construction of Smith Creek Park Phase 2 ESTI MATED MINUTES REGULAR AGENDA ITEMS OF BUSINESS 15 6. Adoption of a Resolution of I ntent for New Hanover County to Participate in the North Carolina Commercial Property Assessed Capital Expenditure (C-PACE) Program 7. New Hanover County / City of Wilmington Workforce Housing Advisory Committee 15 Annual Update 8. Quasi Judicial Hearing - Please Note: At the January 30, 2025, agenda review meeting, the Board of Commissioners unanimously approved the applicant's request 45 to continue the following quasi-judicial hearings to their April 7, 2025, regular meeting. Special Use Permit (S24-04) - Multi -Family in B-2 - Request by Bayshore Townhomes, LLC, applicant, on behalf of Bee Safe Porters Neck, LLC, property owners, for a special use permit for a 62 unit multi -family development with 1,800 square feet of of commercial space in a B-2, Regional Business district on a 3.21-acre parcel of land located at 8138 Market Street. Special Use Permit (S24-05) - Addi onal Dwelling Allowance - Request by Bayshore Townhomes, LLC, applicant, on behalf of Herbert Parham, property owner, for a special use permit for an Addi onal Dwelling Allowance for 242 row -style dwelling units in an R-15, Residen al district on a 30.22-acre parcel of land located at the 8100 block of Market Street. Board of Commissioners - February 3, 2025 PUBLIC COMMENTS(limit three minutes) ESTIMATED ADDITIONAL AGENDA ITEMS OF BUSINESS MINUTES 9. Additional Items County Commissioners County Manager Clerk to the Board County Attorney 10. 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. M ission New Hanover County is committed to providing equitable opportunities and exceptional public services through good governance to ensure a safe, healthy, secure and thriving community for all. Vision A vibrant, prosperous, diverse coastal community committed to building a sustainable future for future generations to come. Shared Values Professionalism - Equity - Integrity - Innovation - Stewardship - Accountability Board of Commissioners - February 3, 2025 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 2/3/2025 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 meetings: Regular Meeting held on January 21, 2025 Closed Session held on January 21, 2025 STRATEGIC PLAN ALIGNMENT: • Good Governance o Effective County Management ■ I ncrease transparency and awareness about county actions RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - February 3, 2025 ITEM: 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 2/3/2025 Consent DEPARTMENT: Tax PRESENTER(S): Allison Snell, N HC Tax Administrator CONTACT(S): Trina Baxley, N HC Collections Supervisor SUBJECT: Approval of Order for Advertisement of 2024 Unpaid Tax Liens on Real Property BRIEF SUMMARY: Per NCGS 105-369(a)(b1), in February of each year, the tax collector must report to the governing body the total amount of unpaid taxes for the current fiscal year that are liens on real property. A county tax collector's report is due the first Monday in February the governing body must order the tax collector to advertise the tax liens. The current unpaid property taxes for all taxing jurisdictions total $9,877,680. New Hanover $5,795,049.73 Debt Service $ 304,964.83 Fire District $ 364,853.01 The tax collector must send a notice to the record owner of the affected parcel at the last known address at least 30 days prior to the date of advertisement. The tax collector must publish each lien at least one time in one or more newspapers having general circulation in the taxing unit. Advertisements of tax liens shall be made during the period of March 1 through June 30. STRATEGIC PLAN ALIGNMENT: • Good Governance o Strong Financial Performance ■ Proactively manage the county budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the order for advertisement. ATTACHMENTS: Order for Ad\,ertisement of 2024 Unpaid Tax Liens COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Board of Commissioners - February 3, 2025 Approved 5-0. ITEM: 2 NEW HANOVER COUNTY TAX DEPARTMENT 230 Government Center Drive, Suite 190, Wilmington, INC 28403 P: (910) 798-7300 I F: (910) 798-7310 I NHCgov.com Allison Snell, Tax Administrator Order for Advertisement of 2024 Unpaid Tax Liens on Real Property As required by G.S. 105-369(a)and(b1) Advertisement of Unpaid Tax liens of Real Property It is hereby ordered that the Collector of Revenue provide the New Hanover County Board of commissioners a total of all unpaid real property taxes for the 2024-2025 fiscal year. The Collector of Revenue will cause to have published once in a local newspaper all unpaid 2023 tax liens on real property during the period prescribed by law. The advertisement will combine the liens of the County of New Hanover, City of Wilmington, Town of Kure Beach, Town of Wrightsville Beach, Town of Carolina Beach and the Fire District taxes thereon this 3rd day of February 2025. Real Property Taxes Unpaid for 2024-2025 New Hanover $5,795,049.73 Fire District $364,853.01 Debt Service $304,964.83 Wilmington $2,929,636.85 Wilmington MSD $14,742.79 Wrightsville Beach $93,241.48 Carolina Beach $260,574.25 Kure Beach $114,617.01 *YTD TOTAL $9,877,679.95 *YTD totals are from effective date 1/1712025 NEW HANOVER COUNTY William E. Rivenbark, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - February 3, 2025 ITEM: 2 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 2/3/2025 Consent DEPARTMENT: Tax PRESENTER(S): Allison Snell, N HC Tax Administrator CONTACT(S): Allison Snell SUBJECT: Approval of December 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 December 2024 in comparison to December 2023 is as follows: New Hanover County December 2024 December 2023 Real Property 83.67% 81.21% Personal Property 56.12% 59.79% Motor Vehicle 100.00% 100.00% Overall Collection Rate 82.23% 80.30% Total Collected YTD $177,874,287.38 $168,368,526.20 New Hanover County Debt Service December 2024 December 2023 Real Property 83.53% 81.05% Personal Property 55.27% 59.33% Motor Vehicle 100.00% 100.00% Overall Collection Rate 81.99% 80.20% Total Collected YTD $8,736,220.10 $9,528,234.58 Grand Total Collected YTD $186,610,507.48 $177,896,760.78 New Hanover County Fire District December 2024 December 2023 Real Property 85.32% 82.24% Personal Property 61.28% 72.48% Motor Vehicle 100.00% 100.00% Overall Collection Rate 83.94% 82.18% Total Collected YTD $11,806,256.36 $11,227,395.98 STRATEGIC PLAN ALIGNMENT: Board of Commissioners - February 3, 2025 ITEM: 3 • Good Governance o Strong Financial Performance ■ Proactively manage the county budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the reports. ATTACHMENTS: December 2024 EOM-NH1 December 2024 EOM-NH2 December 2024 EOM-NH3 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - February 3, 2025 ITEM: 3 New Hanover County Monthly Collection Report for December 2024 Current Year 2024-2025 Real Estate Personal Property Motor Vehicles Combined Scroll/Billed $ 192,924,635.60 $ 15,760,027.95 $ 7,556,901.73 $ 216,241,565.28 Abatements $ (63,720.25) $ (92,763.68) $ $ (156,483.93) Adjustments $ 30,152.48 $ 110,584.50 $ $ 140,736.98 Total Taxes Charged $ 192,891,067.83 $ 15,777,848.77 $ 7,556,901.73 $ 216,225,818.33 Collections to Date $ 161,728,407.57 $ 8,876,556.62 $ 7,556,901.73 $ 178,161,865.92 *Refunds $ 345,766.84 $ 24,050.65 $ $ 369,817.49 Write-off $ 97.07 $ 1,432.38 $ $ 1,529.45 Outstanding Balance $ 31,508,330.03 $ 6,923,910.42 $ $ 38,432,240.45 Collection Percentage 83.67 56.12 100.00 82.23 YTD Interest Collected $ 14,351.23 $ - $ 67,887.72 $ 82,238.95 Total 2024-2025 Collections YTD $ 177,874,287.38 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) $ (38,490.34) $ - $ (39,402.47) Adjustments $ 1,105.70 $ 49.02 $ - $ 1,154.72 Total Levy $ 1,547,813.38 $ 3,948,124.94 $ 4,935.81 $ 5,500,874.13 Collections to Date $ 416,605.85 $ 84,254.40 $ - $ 500,860.25 *Refunds $ 27,532.16 $ 13,561.44 $ - $ 41,093.60 Write-off $ 35,446.14 $ 485,455.02 $ 4,714.71 $ 525,615.87 Outstanding Balance $ 1,123,293.55 $ 3,391,976.96 $ 221.10 $ 5,566,723.35 YTD Interest Collected $ 75,988.19 $ 21,549.48 $ - $ 97,537.67 Total Prior Year Collections YTD 557,304.32 Grand Total All Collections YTD $ 178,431,591.70 *Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - February 3, 2025 ITEM: 3 - 1 - 1 New Hanover County Fire District Monthly Collection Report for December 2024 Current Year 2024-2025 Real Estate Personal Property Motor Vehicles Combined Scroll/Billed $ 12,272,372.68 $ 1,162,489.37 $ 611,756.62 $ 14,046,618.67 Abatements $ (3,402.95) $ (3,396.24) $ (6,799.19) Adjustments $ 1,238.26 $ 16,651.46 $ 17,889.72 Total Taxes Charged $ 12,270,207.99 $ 1,175,744.59 $ 611,756.62 $ 14,057,709.20 Collections to Date $ 10,468,309.81 $ 720,551.18 $ 611,756.62 $ 11,800,617.61 *Refunds $ - $ 162.46 $ 162.46 Write-off $ 20.82 $ 148.62 $ 169.44 Outstanding Balance $ 1,801,877.36 $ 455,207.25 $ - $ 2,257,084.61 Collection Percentage 85.32 61.28 100.00 83.94 YTD Interest Collected $ 406.51 $ - $ 5,394.70 $ 5,801.21 Total 2024-2025 Collections YTD $ 11,806,256.36 Prior Years 2014-2023 Real Estate Personal Property Motor Vehicles Combined Scroll $ 109,535.20 $ 219,233.36 $ 316.74 $ 329,085.30 Abatements $ - $ (966.22) $ - $ (966.22) Adjustments $ - $ 8.35 $ - $ 8.35 Total Levy $ 109,535.20 $ 218,275.49 $ 316.74 $ 328,127.43 Collections to Date $ 30,197.38 $ 6,381.22 $ - $ 36,578.60 *Refunds $ 114.58 $ 22.58 $ - $ 137.16 Write-off $ 2,336.55 $ 27,258.02 $ 316.74 $ 29,911.31 Outstanding Balance $ 77,115.85 $ 184,658.83 $ - $ 321,597.30 YTD Interest Collected $ 5,176.02 $ 1,352.78 $ - $ 6,528.80 Total Prior Year Collections YTD 43,107.40 Grand Total All Collections YTD $ 11,849,363.76 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - February 3, 2025 ITEM: 3 - 2 - 1 New Hanover County Debt Service Monthly Collection Report for December 2024 Current Year 2024-2025 Real Estate Personal Property Motor Vehicles Combined Scroll/Billed $ 9,445,040.50 $ 810,213.43 $ 395,248.62 $ 10,650,502.55 Abatements $ (3,125.28) $ (5,727.53) $ - $ (8,852.81) Adjustments $ 1,488.69 $ 5,413.20 $ - $ 6,901.89 Total Taxes Charged $ 9,443,403.91 $ 809,899.10 $ 395,248.62 $ 10,648,551.63 Collections to Date $ 7,888,209.37 $ 448,061.34 $ 395,248.62 $ 8,731,519.33 *Refunds $ 25.83 $ 472.18 $ 498.01 Write-off $ 8.77 $ 70.64 $ 79.41 Outstanding Balance $ 1,555,211.60 $ 362,239.30 $ - $ 1,917,450.90 Collection Percentage 83.53 55.27 100.00 81.99 YTD Interest Collected $ 1,235.76 $ - $ 3,963.02 $ 5,198.78 Total 2024-2025 Collections YTD $ 8,736,220.10 Prior Years 2014-2023 Real Estate Personal Property Motor Vehicles Combined Scroll $ 126,364.62 $ 348,163.53 $ - $ 474,528.15 Abatements $ (60.28) $ (3,905.52) $ (3,965.80) Adjustments $ 102.71 $ 2.76 $ 105.47 Total Levy $ 126,407.05 $ 344,260.77 $ - $ 470,667.82 Collections to Date $ 29,273.29 $ 5,039.16 $ - $ 34,312.45 *Refunds $ 93.60 $ 133.27 $ - $ 226.87 Write-off $ 0.66 $ 1.10 $ - $ 1.76 Outstanding Balance $ 97,226.70 $ 339,353.78 $ - $ 436,584.00 YTD Interest Collected $ 6,436.62 $ 1,932.83 $ - $ 8,369.45 Total Prior Year Collections YTD 42,455.03 Grand Total All Collections YTD $ 8,778,675.13 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - February 3, 2025 ITEM: 3 - 3 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 2/3/2025 Consent DEPARTMENT: 911 Communications PRESENTER(S): Hope Downs, NHC 911 Communications Director CONTACT(S): Hope Downs SUBJECT: Approval of the Interlocal Agreement (ILA) between New Hanover County 911 and Raleigh -Wake 911 BRIEF SUMMARY: The Interlocal Agreement (ILA) between New Hanover County 911 and Raleigh -Wake 911 establishes a mutual commitment to serve as backup for one another in the event of equipment failures, operational disruptions, call abandonment, or the need for alternate call routing. This agreement, which fulfills the requirements of the North Carolina 911 Board, outlines the responsibilities for ensuring seamless call rerouting and conducting collaborative exercises to maintain operational readiness. Although both agencies have already been providing services, there is currently no formalized agreement in place. This ILA serves to officially document this ongoing cooperation, enhancing service continuity and resilience, ensuring critical 911 communications are maintained during emergencies or unforeseen disruptions. 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. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the Interlocal Agreement between New Hanover County 911 and Raleigh -Wake. ATTACHMENTS: Interlocal Agreement (ILA) between New Hano\ter County 911 and Raleigh -Wake 911 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - February 3, 2025 ITEM: 4 STATE OF NORTH CAROLINA COUNTY OF WAKE INTERLOCAL AGREEMENT BETWEEN CITY OF RALEIGH AND NEW HANOVER COUNTY REGARDING BACK-UP PUBLIC SAFETY COMMUNICATIONS SERVICES Board of Commissioners - February 3, 2025 ITEM: 4 - 1 - 1 INTERLOCAL AGREEMENT BETWEEN THE CITY OF RALEIGH AND NEW HANOVER COUNTY REGARDING BACK-UP PUBLIC SAFETY COMMUNICATIONS SERVICES This Agreement is entered into by and between the City of Raleigh, hereinafter referred to as "RALEIGH" and New Hanover County, hereinafter referred to as "NEW HANOVER", pursuant to the provisions of Article 20 of Chapter 160A of the North Carolina General Statutes. W ITN ESSETH WHEREAS, the parties to this Agreement are committed to excellence in the delivery of fire, law enforcement, medical emergency and related services, and WHEREAS, North Carolina 911 Board Administrative Rules 09 NCAC 06C .0206 requires, "each primary PSAP shall establish a back-up PSAP or have an arrangement for back-up provided by another PSAP" and also requires "(e) The back-up PSAP shall be separated geographically from the primary PSAP at a distance that ensures the survivability of the alternate center.", and WHEREAS, NEW HANOVER and RALEIGH each provide a PSAP and both have the need for temporary assistance from each other to answer and process redirected 911 calls in the event that either PSAP becomes disabled, and WHEREAS, RALEIGH and NEW HANOVER have agreed to provide these necessary services for each other, and WHEREAS, NEW HANOVER has established this agreement with RALEIGH, WHEREAS, the parties to this Agreement are also committed to participating in the use and support of state-of-the-art public safety telecommunications services that: • Provide efficient and effective support of the delivery of public safety services to people who need help; • Provide effective communications support for firefighters, paramedics, law enforcement officers and others for whom reliable public safety telecommunications services can mean the difference between life and death; • Provide for the collection and provision of data needed to monitor the continuing effectiveness of public safety telecommunications services to assure that the standards of operation of those services are met; 2 Board of Commissioners - February 3, 2025 ITEM: 4 - 1 - 2 • Provide for establishment of benchmarks against which proposals for changes and improvements in public safety telecommunications services and system operations can be measured and changed, and WHEREAS, in addition to providing back-up assistance, NEW HANOVER and RALEIGH also wish to share data across a CAD to CAD interface. NOW, THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, RALEIGH and NEW HANOVER agree as follows: ARTICLE I — PURPOSE 1.01 The purposes of this Agreement are to provide a plan and means for 911 call -taking in the event 911 calls cannot be received and processed in the primary Public Service Answering Points (PSAP), establish the procedure and polices that will guide the parties hereto as back-up PSAP for each other, and to facilitate the sharing of information through CAD to CAD ("C2C") software to the benefit of the parties and others who share and access data through C2C communications. ARTICLE II — COOPERATION 2.01 RALEIGH and NEW HANOVER will cooperate and use their best efforts to ensure that the various provisions of this Agreement are fulfilled. The parties agree in good faith to undertake resolutions of disputes, if any, in an equitable and timely manner and in accordance with the provisions of this Agreement. 2.02 No joint agency is created by this Agreement. ARTICLE III — DEFINITION OF TERMS 3.01 AGREEMENT. "Agreement" means this document as approved by appropriate action through ordinance, resolution, or other method, pursuant to the ordinances, resolutions, or charter of the governing bodies of NEW HANOVER and RALEIGH. 3.02 C2C. "C2C" means CAD to CAD, which is a software that allows public safety communication centers to share data from one Computer Aided Dispatch (CAD) system to a different CAD. 3.03 COMMUNICATIONS SERVICES. "Communications Services" means the processing of 9-1- 1 telephone calls from persons in need of emergency assistance, the dispatching public safety responders to such incidents, conducting maintenance of technology between and among those public safety responders, the collection and maintenance of data concerning those incidents, and such other activities incidental to the services described above. 3 Board of Commissioners - February 3, 2025 ITEM: 4 - 1 - 3 3.04 DIRECTOR of NEW HANOVER 911. "DIRECTOR OF NEW HANOVER 911" means the Director of the New Hanover Communications Center, duly appointed by the County Manager of the New Hanover County. 3.05 DIRECTOR of RWCC. "DIRECTOR OF RWCC" means the Director of the Raleigh -Wake Communications Center, as duly appointed by the City Manager of the City of Raleigh. 3.06 FISCAL YEAR. "Fiscal Year" means the period commencing on July 1 of any calendar year and concluding on June 30 of the following calendar year. 3.07 PSAP. "PSAP" means Public Safety Answering Point, which is the first point of reception ofa911call. 3.08 RWCC. "RWCC' means the Raleigh -Wake Communications Center. 3.09 TELECOMMUNICATIONS INFRASTRUCTURE EQUIPMENT. "Telecommunications Infrastructure Equipment" means equipment (including computer hardware, software and peripherals, workstations and telephones) used to deliver communications services to each party. 3.10 WECO. "WECO" means the Wake Emergency Communications Organization Policy Board, a body of manager of municipalities (or their designees) that are users of some or all of the public safety communications services provided by RALEIGH. ARTICLE IV — DURATION OF AGREEMENT AND AMENDMENTS 4.01 This Agreement shall take effect upon execution by both parties hereto, and shall remain in effect for a period of ten (10) years, starting upon the day on which the governing bodies of the RALEIGH and NEW HANOVER have both executed this Agreement. The date that the last party signs the Agreement shall be the effective date of the Agreement. If either party elects not to renew the Agreement at the end of the ten (10) year term, then that party shall provide written notice of its intent not to renew not less than one year before this Agreement expires. 4.02 If no action is taken to terminate this Agreement and RALEIGH and NEW HANOVER fail to extend the Agreement after ten (10) years, the Agreement shall automatically be renewed for successive additional twelve (12) month period(s) until one of the parties provides written notice in accordance with the provisions of section 4.01 or terminates the Agreement as provided in Article V. 4.03 This Agreement may be amended only by written agreement of the parties duly approved by their respective governing boards. ARTICLE V — CANCELLATION 5.01 Any material violation of the Agreement during the term of this Agreement shall constitute a default. In the event of a default, the defaulting party shall be given written 4 Board of Commissioners - February 3, 2025 ITEM: 4 - 1 - 4 notice of such alleged default. Upon notice, the party alleged to have defaulted agrees that it will negotiate in good faith to cure the default within 30 days. In the event that any party is not satisfied with the outcome of the negotiation process, that party may terminate the Agreement upon sixty (60) days' notice. 5.02 Except as provided in Section 5.01 of this Agreement, either RALEIGH or NEW HANOVER may terminate this Agreement at the end of any fiscal year upon ninety (90) day notice prior to the end of that fiscal year. ARTICLE VI — CONFORMANCE TO STANDARDS 6.01 RALEIGH and NEW HANOVER agree that the personnel of either party utilizing or delivering the services encompassed under this Agreement will comply with the communications system performance standards set forth in this Agreement and/or established or adopted pursuant to this Agreement. 6.02 The continuing failure of RALEIGH and/or NEW HANOVER to comply with the provisions of Section 6.01 of this Agreement after receiving notice of a deficiency shall be considered a material breach as defined in Section 5.01 of this Agreement. ARTICLE VII — PERSONNEL STATUS 7.01 RALEIGH shall provide personnel employed by RALEIGH as necessary to carry out RALEIGH'S responsibilities under this Agreement. NEW HANOVER shall provide personnel employed by NEW HANOVER as necessary to carry out NEW HANOVER'S responsibilities under this Agreement. ARTICLE VIII — INFRASTRUCTURE, FACILITIES AND EQUIPMENT: CAPITAL COSTS; CERTAIN OPERATING COSTS 8.01 RALEIGH shall own all RWCC telecommunications infrastructure equipment, except for equipment and facilities that are part of NEW HANOVER'S 800 MHz radio, CAD and E-9- 1-1 telephony systems (as defined by those systems' specifications and purchase/ acquisition documents). RALEIGH shall be responsible for acquisition, maintenance and replacement of RWCC infrastructure equipment, (including hardware, firmware, software, furniture and allied equipment) other than equipment that is part of the NEW HANOVER'S 800 MHz radio, CAD and E-9-1-1 telephony systems as described in this section. NEW HANOVER agrees to cover the costs of acquisition, maintenance and/or replacement of such equipment required to maintain the level of communications services in place with the RWCC communications center located at 2320 Westinghouse Boulevard, and in the RWCC backup communications center. 8.02 NEW HANOVER shall own all NEW HANOVER telecommunications infrastructure equipment, except for equipment and facilities that are part of RALEIGH'S 800 MHz 5 Board of Commissioners - February 3, 2025 ITEM: 4 - 1 - 5 radio, CAD and E-9-1-1 telephony systems (as defined by those systems' specifications and purchase/ acquisition documents). NEW HANOVER shall be responsible for acquisition, maintenance and replacement of their infrastructure equipment, (including hardware, firmware, software, furniture and allied equipment) other than equipment that is part of the RALEIGH'S 800 MHz radio, CAD and E-9-1-1 telephony systems as described in this section. RALEIGH agrees to cover the costs of acquisition, maintenance and/or replacement of such equipment required to maintain the level of communications services in place with the NEW HANOVER communications center located at 230 Government Center Dr Wilmington, and in the NEW HANOVER backup communications center. 8.03 RALEIGH reserves the right to implement service and/or capital improvements (and agrees to bear the cost of such improvements) for service and/or capital improvements for which RALEIGH is the sole beneficiary, provided that such improvements do not impair services provided to the NEW HANOVER. 8.04 NEW HANOVER reserves the right to implement service and/or capital improvements (and agrees to bear the cost of such improvements) for service and/or capital improvements for which NEW HANOVER is the sole beneficiary, provided that such improvements do not impair services provided to the RALEIGH. 8.05 This Agreement does not affect the ownership of real property. ARTICLE IX — Duties and Responsibilities — Back-up Communication Services 9.01 The parties understand that each party's foremost responsibility is to its own citizens but that within this framework, each party may provide back-up Communication Services to the other party. 9.02 If a party's Primary PSAP is inoperable, that party may call on the other party to provided backup Communication Services to assist the incapacitated party. This includes rerouting incoming 911 call traffic to the backup PSAP. 9.03 RALEIGH and NEW HANOVER personnel will notify each other's PSAP Operations and Directors as quickly as possible if either PSAP is disabled or must be evacuated and 911 calls redirected. 9.04 RALEIGH and NEW HANOVER agree to notify each other of any network failures, and C2C outages, and planned maintenance that would impact C2C operations. Both the NEW HANOVER and RALEIGH will respond to any unplanned C2C outage within 1 (one) hour. During C2C outages, all calls requiring coordination between the RALEIGH and NEW HANOVER will be communicated through Statewide VIPER 800 channel, telephone, DCIN (Department of Criminal Information Network) Message, or North Carolina Emergency Management Resources. N. Board of Commissioners - February 3, 2025 ITEM: 4 - 1 - 6 9.05 RALEIGH and NEW HANOVER personnel will follow their agency protocols for processing 911 calls and administrative calls, documentation, provide Emergency Medical Dispatch (EMD) and Emergency Fire Dispatch (EFD) 9.06 Both RALEIGH and NEW HANOVER will notify each other as quickly as possible when calls can be rerouted back to their PSAP. 9.07 Should either RALEIGH or NEW HANOVER remain incapacitated for longer than 48 hours, continued back-up communication services will require approval of the respective City or County Manager(s) for continued operation and discussion of compensation for any upstaffing needed to assist with the additional workload. 9.08 RALEIGH and NEW HANOVER will conduct one or more annual back-up exercise(s) to ensure that all required equipment for a back-up event is fully functional. ARTICLE X — Duties and Responsibilities — C2C Communication 10.01 NEW HANOVER shall join the emergency communications hub sponsored by RALEIGH that allows C2C data sharing. Each party shall maintain servers and/or applications necessary to participate in C2C data sharing. 10.02 NEW HANOVER agrees to obtain and maintain the necessary subscription or licenses to participate in C2C data sharing through the City -sponsored hub. 10.03 Each party shall determine, in that party's sole discretion, their data to be shared through C2C. 10.04 Each party shall notify the other party of any additions to CAD that would require mapping in the portal (e.g., Nature, Units, etc.) within five (5) business days of their creation. Each party shall map changes or additions to Nature, Units, etc., within five (5) business days after the other party provides notice of those changes or additions. 10.05 RALEIGH and NEW HANOVER agree to notify each other of any network failures, and C2C outages, and planned maintenance that would impact C2C operations. Both the NEW HANOVER and RALEIGH will respond to any unplanned C2C outage within 1 (one) hour. 10.06 RALEIGH and NEW HANOVER agree to notify each other within (5) days of CAD configuration changes on either side that would impact C2C functionality, and both parties will verify that these changes work correctly through C2C. 10.07 Both the RALEIGH and NEW HANOVER agree to maintain C2C servers and/or applications to the specifications of the vendor. Any C2C application issues discovered by either the RALEIGH or NEW HANOVER shall have a support ticket with the vendor created and the other party notified. 7 Board of Commissioners - February 3, 2025 ITEM: 4 - 1 - 7 10.08 Both RALEIGH and NEW HANOVER agree to maintain cybersecurity best practices in relation to the C2C hub and data sharing. 10.09 Both RALEIGH and NEW HANOVER agree to disclose cybersecurity incidents that impact C2C within 24 (twenty-four) hours. 10.10 Representatives from RALEIGH and NEW HANOVER shall attend periodic meetings as requested relating to C2C. ARTICLE XI — Miscellaneous Provisions 11.01 Nothing in the Agreement prevents any party from entering a similar C2C agreement or a similar agreement concerning back-up public safety Communication Services with another jurisdiction. The parties expect that they will enter into back-up communications agreements with various agencies. The parties intend that other jurisdictions will join the emergency communications hub sponsored by RALEIGH. 11.02 This Agreement is the entire agreement between the parties and supersedes all prior oral and written statements or agreements concerning the subject matter of this Agreement. 11.03 All matters relating to the Agreement shall be governed by North Carolina law and venue for any action relating to the Agreement shall exclusively be in a North Carolina Superior Court. 11.04 No party may assign its interests in the Agreement without the written consent of the other party. 11.05 The parties shall abide by all applicable provisions prohibiting discrimination relating to the subject matter of this Agreement. 11.06 Performance of Government Functions. Nothing contained in this Agreement shall be deemed or construed so as to restrict or inhibit a party's respective police powers or regulatory authority. 11.07 No Waiver of Immunity or Statutory Limitations. Nothing in this Agreement shall be construed to mandate purchase of insurance by any party pursuant to N.C.G.S. § 160A- 485 or to in any way waive any party's defense of governmental immunity or statutory protection from any cause of action alleged or brought against any Party for any reason if otherwise available as a matter of law. No officer, agent, or employee of any party shall be subject to any personal liability by reason of the execution of this Agreement or any other documents related to the transactions contemplated hereby. Such officers, agents, or employees shall be deemed to execute this Agreement in their official capacities only, and not in their individual capacities. This section shall not relieve any such officer, agent, or employee from the performance of any official duty provided by law. 0 Board of Commissioners - February 3, 2025 ITEM: 4 - 1 - 8 This the day of , 2025. CITY OF RALEIGH, NORTH CAROLINA This instrument has been pre -audited in the manner required by The Local Government Budget and Fiscal Control Act. By: City Manager ATTEST: By: Clerk [Seal] Finance Officer City of Raleigh, North Carolina This instrument is approved as to form and legal sufficiency. City Attorney This the day of 12025. COUNTY OF NEW HANOVER, NORTH CAROLINA This instrument has been pre -audited in the manner required by The Local Government Budget and Fiscal Control Act. By: County Manager I►_1111*11IF By: Clerk [Seal] Finance Director County of NEW HANOVER, North Carolina This instrument is approved as to form and legal sufficiency. County Attorney E Board of Commissioners - February 3, 2025 ITEM: 4 - 1 - 9 10 Board of Commissioners - February 3, 2025 ITEM: 4 - 1 - 10 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 2/3/2025 Consent DEPARTMENT: Parks PRESENTER(S): Tara Duckworth, NHC Parks & Gardens Director CONTACT(S): Tara Duckworth and Andy Johnson, N HC Parks & Gardens Asst. Director SU BJ ECT: Approval of the Award of Bid for the Construction of Smith Creek Park Phase 2 BRIEF SUMMARY: In 2002, New Hanover County acquired the 92-acre portion of Smith Creek Park that is currently developed. This portion was officially developed in 2011. That same year, an adjacent 85-acre parcel was purchased to facilitate the park's expansion. Between 2010 and 2023, a series of visioning sessions and public meetings were held to discuss potential elements for the new section of the park. Although the scope of the original draft plans was reduced — removing a proposed nature center building —the project's core intent has remained unchanged: to provide the community with a space to experience nature, walk trails, engage in interpretive education, and access facilities that meet the basic needs of park users. The 2017 Parks Master Plan identified several key priorities, including maintaining and improving existing facilities, expanding greenways, bike paths, and trails, enhancing parking at parks and popular venues, improving ADA accessibility, upgrading convenience and customer service amenities, and creating flexibility to assess future park development opportunities, particularly in the northern part of the county. This project addresses all of these priorities. Phase 2 of the Smith Creek Park development includes several additional elements: a new entry with parking off Gordon Road, a restroom and picnic shelter, nature play and environmental education features, public art, a new one - mile paved perimeter trail with spurs leading to additional internal nature trails, and an ADA ramp connection to the lake loop trail from Phase 1. Bids for the construction of Smith Creek Park Phase 2 were opened on January 7, 2025, with four bids received. Following evaluation, the lowest responsive and responsible bid was submitted by Timeless Properties Inc., DBA Timeless Construction, in the amount of $2,022,632. The current available budget for the project is $2,595,910, which includes funding allocated for this phase of the project. STRATEGIC PLAN ALIGNMENT: • Sustainable Land Use & Environmental Stewardship o Natural areas and critical environmental features are enhanced and protected. ■ Ensure development compliments natural features. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff is requesting Board approval to award the construction contract for Smith Creek Park Phase 2 to Timeless Properties I nc., DBA Timeless Construction, in the amount of $2,022,632, Board of Commissioners - February 3, 2025 ITEM: 5 ATTACHMENTS: Request for bids Bid Tab Smith Greek Site Plan COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approve award. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - February 3, 2025 ITEM: 5 Bid Number: 25-0267 Bid Title: 25-0267 SMITH CREEK PARK PHASE 2A Category: Finance Status: Closed Bid Recipient: LENA BUTLER, PURCHASING SUPERVISOR Description: NEW HANOVER COUNTY PARKS & GARDENS REQUEST FOR BIDS SMITH CREEK PARK PHASE 2A RFB # 25-0267 In accordance with NCGS 143-129, sealed bids addressed to Lena Butler, Purchasing Supervisor, New Hanover County Finance Office, 230 Government Center Drive, Suite 165, Wilmington, NC28403 and marked "RFB # 25-0267 SMITH CREEK PARK PHASE 2X will be received until 11:00 AM EST, Tuesday, January 7, 2025. Bids will be opened promptly at 11:00 AM EST, Tuesday, January 7, 2025, in the Government Center Multipurpose Room 136. This room can be accessed by entering the main entrance of the Government Center located at 230 Government Center Drive, Wilmington, NC, 28403. A Non -Mandatory Pre -bid meeting will be held on Thursday, December 5, 2024, at 11:00 AM EST. This meeting will be held via Microsoft Teams. Bidders are instructed to send an email to (butler@nhcgov.com to receive an invitation to the meeting. The project consists of the construction of a new restroomishelter, driveway and parking lot, and asphalt trail at Smith Creek Park located at 251 Lake Emerald Drive E, Wilmington, NC 28411 in accordance with the construction documents. Bids will be received for a Single Prime Contract. Bidders must be properly licensed under Chapter 87 of the North Carolina General Statues. Select Language Board of Commissioners - February 3, 2025 6a 91 Translate ITEM: 5 - 1 - 1 All prime bidders on this project must be pre -qualified in accordance with New Hanover County's Pre -qualification Ordinance. Pre - qualification applications may be obtained at the County Legal Department, 230 Government Center Drive, Suite 155, Wilmington, NC 28403 or by visiting the County's website at http // legalinsurance.nhcgov.com/contractors-approved-for-bidding/ or emailing Renee Chesnut at rchesnut@nhcgov.com. Bidding Documents may be accessed by clicking "RELATED DOCUMENTS" below. A Bid Bond Equal to 5% of the bid price is required by all bidders. The successful bidder will be required to provide Performance and Payment bonds equal to one hundred percent (100%) of the contract price. Bids may be withdrawn by bidders prior to the time set for official opening. After time has been called, no bid may be withdrawn for a period of one hundred twenty days (120) after the time and date of opening except as provided by 143-129.1. The bidder shall make good faith efforts, as defined in the bid specifications, to subcontract 10% of the dollar value of the single prime contract to businesses owned and controlled by minorities. The County reserves the right to waive any informalities, to reject any or all bids, and to accept that Bid or Bids which is in the best interest of the County. RELEASED: Friday, November 22, 2024 Publication Date/Time: 11/22/2024 12:00 AM Publication Information: https:/Iwww.nhcgov.com/bids.aspx Closing Date/Time: 1/7/2025 3:00 PM Submittal Information: MAIL: 230 GOVERNMENT CTR DRIVE, STE 165 WILMINGTON NC 28403 Bid Opening Information: GC MULTIPURPOSE ROOM 136 Board of Commissioners - February 3, 2025 Iran I g ITEM: 5 - 1 - 2 Smith Creek Park Phase 2A Bid Tabulation Sheet - Bid Opening: January 7, 2025 PREQUAL. BID ALL UNIT PROPOSAL ADDENDUM ID M/WBE COMPANY NC LICENSE NUMBER WITH NHC PROPOSAL PRICES SIGNATURE RECEIVED BID BOND PARTICIP. AFFIDAVIT BASE BID (Y/N) FORM (Y/N) NOTED (Y/N) PAGE (Y/N) (Y/N) (Y/N) (Y/N) A (Y/N) General Subcontractor: Y Y Y Y V #1 Y Y Y $2,263,000.00 Group III Mgt, Inc. v #2 2715 W. Vernon Avenue 22369 Kinston, NC 28504 Mechanical Subcontractor: Arnold 22474 Plumbing Subcontractor: Odyssey 08261 Electrical Subcontractor: Allegiance U-1 7532 General Subcontractor: Y Y Y Y V #1 Y Y Y $2,253,529.00 Paragon Building Corporation v #2 PO Box 597 U-32435 Wilmington, NC 28402 Mechanical Subcontractor: Arnold Service Company 22474 Plumbing Subcontractor: Kelly Plumbing 17298 Electrical Subcontractor: Hampstead Electrical Contractors, Inc. U-21186 General Subcontractor: Y Y Y Y V #1 Y Y Y $2,331,589.00 East Coast Contracting, Inc. v #2 3224-C N. College Road, #209 53756 Wilmington, NC 28405 Mechanical Subcontractor: Tidal Wave Plumbing & Mechanical 35912 Plumbing Subcontractor: Tidal Wave Plumbing & Mechanical 35912 Electrical Subcontractor: Heck Electric 26740-U Board of Commissioners - February 3, 2025 ITEM: 5 - 2 - 1 General Subcontractor: Y Y Y Y V #1 Y Y Y $2,022,632.00 Timeless Properties Inc v #2 dba Timeless Construction 65784 2940 Orville Wright Way, Suite 600 Wilmington, NC 28405 Mechanical Subcontractor: Odyssey Mechanical 08261 Plumbing Subcontractor: Odyssey Plumbing (submitted as 08264) actual is 08261 Electrical Subcontractor: PJ's Electrical 20977-U THIS IS TO CERTIFY THAT AT 3:01 P.M., JANUARY 7, 2025, THE BIDS TABULATED HEREIN WERE PUBLICLY OPENED AND READ ALOUD. RESPONSIVE BIDS WERE ACCOMPANIED BY AN ACCEPTABLE BID BOND. FIGURES PRESENTED HERE HAVE BEEN DOUBLE-CHECKED FOR ACCURACY. THE CERTIFIED LOW BIDDER IS TIMELESS PROPERTIES INC dba TIMELESS CONSTRUCTION a4 - az,�, I/lo Melinda (Mindy) C. Arthur, ASLA, PLA, LEED AP Susan Hatchell Landscape Architecture, PLLC p��N. CAROI�y'% .SCppE ARCyr .9 i C-175ell a = 11gNDSCAPE P� Board of Commissioners - February 3, 2025 ITEM: 5 - 2 - 2 EXISTING LAKE CONNECTION TO THE EXISTING SMITH CREEK PARK PAVED TRAIL — — — — _ —V/ SHELTER/RESTROOM & PARKING ENLARGEMENT DRAFT IF y lk All + r / -R ijW F •� ' 1 w miqpWl, r SMITH CREEK PARK PHASE 2A New Hanover County, North Carolina I � I Ipm_-.p,w ENTRY - DRIVE J� PARK ENTRANCE 1 i • � i I L 0 60 120 240 SCALE: 1" = 120' - 0" Board of Commissioners - February 3, 2025 ITEM: 5 - 3 - 1 NAD 83 NC GRID NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 2/3/2025 Regular DEPARTMENT: County Manager PRESENTER(S): Madelyn Wampler, NHC Sustainability Manager CONTACT(S): Madelyn Wampler; Eric Credle, NHC Chief Finance Officer; Lisa Wurtzbacher, NHC Assistant County Manager SU BJ ECT: Adoption of a Resolution of Intent for New Hanover County to Participate in the North Carolina Commercial Property Assessed Capital Expenditure (C-PACE) Program BRIEF SUMMARY: In July 2024, North Carolina passed Senate Bill 802, authorizing the creation of a statewide Commercial Property Assessed Capital Expenditure (C-PACE) program. This program allows commercial property owners to finance energy efficiency, renewable energy, water conservation, and resiliency improvements through low-cost, long-term financing. C-PACE allows commercial property owners to finance up to 100% of building upgrades, with repayment spread over the useful life of the improvements. This structure often results in lower annual payments and positive cash flow, providing significant financial benefits, including potential energy savings and increased property value. The program also benefits from a low -risk tax assessment structure, which may result in more favorable interest rates. C-PACE is already implemented in 40 states and Washington, D.C. and is now available to commercial property owners in North Carolina. The program will be administered by the Economic Development Partnership of North Carolina (EDPNC), with property owners working directly with lenders to finance improvements via a property assessment and lien. This structure may allow property owners to finance improvements over a longer period than traditional loans. For local commercial property owners to participate in C-PACE, New Hanover County must first adopt a Resolution of Intent. This is followed by a public hearing and the adoption of a final resolution to formally join the program. Should the County choose to participate, its duties will include general education and outreach, executing agreements, recording the lien, and coordinating with EDPNC, all with minimal administrative burden. The City of Wilmington Clean Energy Advisory Committee voted unanimously on December 9, 2024, to recommend City staff support C-PACE program implementation. The City intends to adopt its own Resolution of Intent on February 4, 2025, contingent on the County's adoption of its Resolution of Intent. If the County does not participate, it must provide consent if any municipalities within the County choose to adopt their own resolutions. The adoption of the Resolution of Intent also includes the setting of a public hearing about the on the C-PACE Program for the Board's February 17, 2025 meeting. The County is not providing funding or financing, nor will it perform any billing or collection functions related to C- PAC E projects. STRATEGIC PLAN ALIGNMENT: Board of Commissioners - February 3, 2025 ITEM: 6 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 a Resolution of Intent for New Hanover County to join the North Carolina Commercial Property Assessed Capital Expenditure (C-PACE) Program and schedule a public hearing on this matter for February 17, 2025. ATTACHMENTS: New Hanover County C-PACE Resolution of Intent Staff Presentation C-PACE Legislation - SB 802 North Carolina C-PACE Program Guidelines and Toolkit COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend adoption. COMMISSIONERS' ACTIONS: Adopted 5-0. Board of Commissioners - February 3, 2025 ITEM: 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION DECLARING INTENT OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA TO PARTICIPATE IN THE COMMERCIAL PROPERTY ASSESSED CAPITAL EXPENDITURE (C-PACE) PROGRAM WHEREAS, Article 10B of Chapter 160A of the General Statutes of North Carolina, as amended (the "C-PACE Act"), authorizes the establishment of a statewide commercial property assessed capital expenditure (C-PACE) program (the "C-PACE Program") that local governments may voluntarily join; and WHEREAS, the C-PACE Act authorizes the North Carolina Department of Commerce (the "Program Sponsor") to oversee the C-PACE Program and requires the Economic Development Partnership of North Carolina, Inc., a North Carolina nonprofit corporation (the "Statewide Administrator"), to administer the C-PACE Program and, in support thereof, provide certain administrative services described in N.C. Gen. Stat. § 160A-239.14; and WHEREAS, the C-PACE Act and C-PACE Program permit willing owners of commercial, industrial, or agricultural real property, or residential real property with five or more dwelling units located in the jurisdictional boundaries of participating local governments ("Qualifying Commercial Property") to obtain direct financing ("C-PACE Financing") from a "capital provider" (as further defined in N.C. Gen. Stat. § 160A-239.12(1), "Capital Provider") for "qualifying improvements" (as further defined in N.C. Gen. Stat. § 160A-239.12(14), "Qualifying Improvements") approved by the Program Sponsor, including energy efficiency measures, resiliency measures, renewable energy measures, and water conservation measures; and WHEREAS, under the C-PACE Act, C-PACE Financing shall be secured by a (a) voluntary assessment imposed on Qualifying Commercial Property by a local government for the total amount of such financing (the "C-PACE Assessment") and (b) lien on such Qualifying Commercial Property until the financing is paid in full (the "C-PACE Lien"); and WHEREAS, the County of New Hanover, North Carolina (the "County"), acting by and through its Board of Commissioners, desires to participate in the C-PACE Program and, in support thereof, adopt a resolution setting forth the items required by N.C. Gen. Stat. § 160A-239.15(a); NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of New Hanover, North Carolina as follows: • Section 1. The County hereby authorizes (a) the C-PACE Program to operate within its jurisdictional boundaries and (b) the Statewide Administrator to provide the administrative services described in N.C. Gen. Stat. § 160A-239.14. • Section 2. The County intends to (a) authorize C-PACE Financing within the jurisdictional boundaries of New Hanover County, (b) authorize the imposition of C-PACE Assessments to secure repayment of C- PACE Financing, (c) assign the C-PACE Lien to Capital Providers providing C-PACE Financing and (d) delegate billing, collection, and enforcement duties for the C-PACE Assessment and C-PACE Lien to Capital Providers. • Section 3. The amount of any C-PACE Financing and related C-PACE Assessment repayment terms shall be pursuant to an agreement by and among County, the Statewide Administrator, a "property owner' (as defined in the C-PACE Act, a "Property Owner') and Capital Provider (an "Assessment Agreement") and a financing agreement between a Property Owner and a Capital Provider in which a Property Owner agrees to repay a Capital Provider for the C-PACE Financing provided, including, but not limited to, any finance charges, fees, debt servicing, accrual of interest and penalties, and any terms relating to the treatment of prepayment and partial payment, and the billing, collection, and enforcement of the C-PACE Financing. • Section 4. The New Hanover County Finance Department shall, upon receipt from the Statewide Administrator of an approved project application for C-PACE Financing within the jurisdictional Board of Commissioners - February 3, 2025 ITEM: 6 - 1 - 1 boundaries of the County, execute an Assessment Agreement, a Notice of C-PACE Assessment, and an Assignment of C-PACE Lien. • Section 5. The County shall be reimbursed by the Statewide Administrator for the actual and reasonable costs associated with the performance of the duties described in Section 4 hereof. • Section 6. A public hearing on the C-PACE Program will be held by the New Hanover County Board of Commissioners at its regular meeting on February 17 at 9:00 a.m., located at the New Hanover County Historic Courthouse, 24 North 3rd Street in Room 301, Wilmington, NC. • Section 7. Nothing in this resolution shall be interpreted as authorizing the County to pledge, offer, or encumber its full faith and credit, and the County shall not pledge, offer, or encumber its full faith and credit in connection with any C-PACE Financing. • Section 8. Should any provision or provisions of this Resolution be declared invalid or unenforceable in any respect by final decree of any court of competent jurisdiction, the invalidity or unenforceability of any such provisions shall not affect the remaining provisions of such Resolution. • Section 9. All resolutions or parts thereof in conflict herewith are, to the extent of such conflict, hereby repealed. • Section 10. This Resolution shall take effect upon its adoption. ADOPTED this the 3rd day of February 2025. NEW HANOVER COUNTY William E. Rivenbark, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board I, Kymberleigh G. Crowell, Clerk to the Board of Commissioners for the County of New Hanover, North Carolina, DO HEREBY CERTIFY that the foregoing is a true and complete copy of a resolution adopted by the Board of Commissioners of the County at a regular meeting duly called and held on February 3, 2025. WITNESS my hand and the official seal of the County this fourth day of February 2025. County of New Hanover (SEAL) Kymberleigh G. Crowell, Clerk Board of Commissioners Board of Commissioners - February 3, 2025 ITEM: 6 - 1 - 2 Adoption of Resolution of Intent for NC C-PACE Program February 3, 2025 Madelyn Wampler Sustainability Manager Board of Commissioners - February 3, 2025 ITEM: 6 - 2 - 1 What is C-PACIE? Commercial Property Assessed Capital Expenditure Financing program for commercial property upgrades: • Energy efficiency • Renewable energy • Water conservation • Resiliency improvements Key Features: • Low-cost, long-term financing • Up to 100% financing of project costs • Repayment tied to property assessments No County or taxpayer funds are used for project financing. Board of Commissioners - February 3, 2025 ITEM: 6 - 2 - 2 Benefits of C-PACE Workforce & Economic Community Safety Sustainable Land Use & Development & Well-being Environmental Stewardship Residents are provided equitable Every resident has access to services Through planned growth and opportunities to connect to education that support their physical health development, residents have and highly skilled employment. and mental well-being. I access to their basic needs. A business -friendly environment that promotes growth, agility, and collaboration. Resilient infrastructure drives economic growth and opportunities. The community supports a life that ` Natural areas and critical mitigates health and safety risks. environmental features are enhanced and protected. Residents Feel supported and Cultural amenities that enhance connected to their community. quality of place are safeguarded. Board of Commissioners - February 3, 2025 ITEM: 6 - 2 - 3 "Why Now? • . .Local Interest• NC Senate Bill 802 Wilmington Clean Energy authorized statewide Advisory Committee C-PACE program supports the program Aligns with 2024-2028 • Administered by County adoption enables workforce and economic Economic Development city participation development goals Partnership of NC ECONOMIC DEVELOPMENT PARTNERSHIP of WILMINT'GTON NORTH CAROLINA — NORTHC:,AROLINA Board of Commissioners - February 3, 2025 ITEM: 6 - 2 - 4 "Proposed Next Steps Board of Commissioners - February 3, 2025 ITEM: 6 - 2 - 5 Recommended Motion and Requested Actions Adopt a Resolution of Intent for New Hanover County to join the North Carolina Commercial Property Assessed Capital Expenditure (C-PACE) Program and schedule a public hearing on this matter for February 17, 2025. Board of Commissioners - February 3, 2025 ITEM: 6 - 2 - 6 Adoption of Resolution of Intent for NC C-PACE Program February 3, 2025 Madelyn Wampler Sustainability Manager Board of Commissioners - February 3, 2025 ITEM: 6 - 2 - 7 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2023 SENATE BILL 802 RATIFIED BILL AN ACT TO ADVANCE BUILDING RESILIENCY AND UTILITY EFFICIENCY IN NORTH CAROLINA BY AUTHORIZING A STATEWIDE PROGRAM TO UTILIZE ASSESSMENTS TO REPAY NONPUBLIC FINANCING OF COMMERCIAL BUILDING IMPROVEMENTS THAT WILL PROMOTE ECONOMIC DEVELOPMENT, REDUCE UTILITY BILL COSTS, AND HARDEN COMMERCIAL BUILDINGS AGAINST STORM AND FLOOD DAMAGE AND TO AMEND ARTICLE 8 OF CHAPTER 143 OF THE GENERAL STATUTES TO MODIFY THE REQUIREMENTS TO BE CERTIFIED AS A MINORITY BUSINESS OR HISTORICALLY UNDERUTILIZED BUSINESS. The General Assembly of North Carolina enacts: SECTION 1. Chapter 160A of the Genera] Statutes is amended by adding a new Article to read: "Article 10B. "Commercial Property Assessed Capital Expenditure (C-PACE)Act. 160A-239.11. Purpose; findings. This Article shall be known and may be cited as the "Commercial Property Assessed Capital Expenditure (C-PACE) Act." This Article authorizes the establishment of a statewide C-PACE Program that local governments may voluntarily join to allow willing owners of commercial, industrial, agricultural, nonprofit, and multifamily residential properties with five or more dwelling units to obtain low-cost, long-term financing for qualifying improvements, including energy efficiency, water conservation, renewable energy, and resilience projects, secured by an assessment and lien authorized by this Article. The State finds that a valid public purpose exists because the use of a C-PACE Program creates an additional financing mechanism for property owners to use private funds to finance improvements to their eligible property, thereby driving economic development by creating a diversity of jobs in the resilience and clean energy sectors of the economy. The assessment requires minimal upfront costs and provides a more accessible financial mechanism to fund improvements that will increase the tax value of the affected properties at minimal administrative cost to local governments. C-PACE improvements allow property owners to save on their utility bills because the improvements lead to energy or utility savings and will result in improved indoor air quality or increased resilience, which will increase the ability of communities and local governments to respond to natural disasters and improve public health. "& 160A-239.12. Definitions. The following definitions apply in this Article: Capital provider. — A private entity, or the private entity's designee, successor, and assigns, that makes or funds qualifying improvements under this Article. Commercial property assessed capital expenditure program (C-PACE Program). — A program wherein a C-PACE assessment and C-PACE lien are voluntarily imposed by a local government on qualifyg commercial property to pay for the costs of qualifn�ng improvements. Board of pjiltil 3, 2025 * V - 4 Page 2 C-PACE assessment. — A voluntary assessment imposed on a commercial property by a local government under this Article pursuant to an assessment agreement for the total amount of the C-PACE financing. The voluntary C-PACE assessment shall not constitute a tax. C-PACE financing. — Direct financing between capital providers and property owners within the jurisdictional boundaries of a local government participating in the C-PACE Program to finance qualif ing improvements. J5) C-PACE lien. — A lien to secure the C-PACE assessment that remains on the qualifying propertypaid in full. C-PACE toolkit. — A comprehensive set of documents developed by the statewide administrator in consultation with stakeholders and local governments and subject to approval by the program sponsor that describes the C-PACE Program guidelines, application approval criteria, and forms consistent with the administration of the program as provided for in this Article. Financing agreement. — The contract in which a property owner agrees to repay a capital provider for the C-PACE financing provided, including, but not limited to, any finance charges, fees, debt servicing, accrual of interest and penalties, and any terms relating to the treatment of prepayment and partial payment, and the billing_, collection, and enforcement of the C-PACE financing. Local government. — An.. cam, o�y_ Programponsor. — The North Carolina Department of Commerce. 10 Project application. — The application submitted to the statewide administrator by the property owner to demonstrate that a proposed project qualifies for C-PACE financing under this Article. (11) Property owner. —The holder of title in fee simple to a qualifying commercial property_ Publicly -owned land. — Property that is owned by a State or local governmental entity and that is subject to a leasehold. Qualifying commercial property. —Privately owned commercial, industrial, or agricultural real property or privately owned residential real property consisting of five or more dwelling units. This term includes property owned by nonprofit, charitable, or religious organizations. 14 Qualifying improvement. — A permanently affixed improvement to a building on a qualif3dng commercial property as part of the construction or renovation of the qualifying property and that includes one or more of the following approved by the pro r�ponsor: a. Energy efficiency measure. — An equipment, physical component, or program change implemented that results in less energy used to perform the same function and that meets or exceeds then -existing State and federal building codes and efficiency standards or conservation codes, including, but not limited to, energy produced from a combined heat and Dower system that uses nonrenewable energy resources. b. Resiliency measure. — An equipment, physical component, or program change implemented that includes, but is not limited to, storm retrofits, flood mitigation, stormwater management, wind resistance, indoor air quality improvement, electric vehicle charging station, backup energy generators enrolled in an electric public utility demand response program, energy storage, and microgrids and other resilience projects. Board of Commissioners - February 3, 2025 ITEM: 6 - 3 - 2 Senate Bill 802-Ratified C. Renewable enerav measure. — A renewable enerav resource as defined in G.S. 62-133.8. d. Water conservation measure. — An equipment, physical component, or program change implemented to decrease water consumption or demand or to address safe drinking water. 15 Statewide administrator. — The Economic Development Partnership of North Carolina. 160A-239.13. Statewide C-PACE Program — authorization. (a) The State authorizes a statewide C-PACE Program in which any local government may participate. The program sponsor is hereby authorized under this Article to oversee the C-PACE Program. 160A-239.14. Statewide C-PACE Program — administration. La) In the administration of the C-PACE Program, the statewide administrator shall do the following: Prepare a C-PACE toolkit in consultation with stakeholders and local governments and subject to Oproval by the program sponsor prior to accepting applications for C-PACE financing, which shall include, at a minimum, all of the following: a. A form of assessment agreement to be used between a local government and property owner specifying the terms of the C-PACE assessment. b. A form of notice of C-PACE assessment that identifies the qualified commercial property subject to the C-PACE assessment and the property owner consenting to the C-PACE assessment. C. A form of assignment of the C-PACE lien from the local government to the capital provider that cross-references the registry book and page number of the notice C-PACE assessment giving rise to the lien. d. A form of consent to a C-PACE assessment by the holder of a mortgage, deed of trust, or other lien upon the qualifying commercial propertL. e. A form of project application with checklist requirements and corresponding documentation that will be required by the statewide administrator to approve a project application. Impose fees to offset the actual and reasonable costs of administering the C-PACE Program, including a. An application fee not to exceed seven hundred fifty dollars ($750.00). b. A processing fee assessed to the property owner whose application for C-PACE financing is approved, which shall be one percent (1% the total amount financed but shall not be more than twenty-five thousand dollars ($25,000). Establish the process for reviewing and evaluating applications, which shall, at a minimum, require the followingto o be provided or demonstrated: a. For an existing building: (i) where renewable energy, energy efficiency, or water conservation measures are proposed, an energy analysis by a licensed engineering firm or engineer or another qualified professional listed in the C-PACE toolkit stating that the proposed qualifying improvements will result in more efficient use or conservation of energy that meets or exceeds then -existing State and federal building codes and efficiency standards or conservation codes, more efficient use or conservation of water, the reduction of Board of Commissioners - February 3, 2025 Senate Bill 802-Ratified ITEM: 6 - 3 - 3 Page 3 eenhouse aas emissions. or the addition of renewable sources of energy or water or GO where resilience measures are proposed, certification by a licensed engineer stating that the qualifying improvements will result in improved resilience. b. For construction of a new building, certification by a licensed engineering firm or engineer stating that the proposed qualifying improvements will allow the proposed project to exceed the energ_�or water efficiency requirements of the current State building code, or in the case of a resiliency measure, achieve compliance with a national model resiliency standard. C. For existing or new buildings, certification by a licensed engineering firm or engineer that all available electric public utility energy efficiency and demand response programs available to property owners and any tenants thereof have been evaluated prior to applying for C-PACE financing. Accept and approve project applications for C-PACE financing meeting the requirements of subdivision (3) of this subsection. Require any property owner applying for C-PACE financing to certify that the applicant: a. Is the holder of title in fee simple to the qualifying commercial property and that title to the qualif yma commercial property is not in dispute. b. Is current on all mortgage payments and property taxes. C. Is not insolvent or in bankruptcy proceedings. Upon execution by the local government of (i) a C-PACE assessment and (ii) a notice of assignment of C-PACE lien related to an approved project aqpplication, record such documents in the office of the register of deeds in the county in which the approved property is located. The statewide administrator may delegate recording duties to the property owner and the capital provider. 0 Submit a report to the program sponsor annually. The provisions of Chapter 150B of the General Statutes shall not apply to the C-PACE toolkit or any actions of the programponsor or statewide administrator in the administration of the program. 160A-239.15. Local government participation. (a) A local government seeking to participate in the C-PACE Program shall adopt a resolution that includes all of the following: (1) A grant of authorization for the C-PACE Program to operate within its jurisdictional boundaries and for the statewide administrator to provide the administrative services described in G.S. 160A-239.14. A statement that the local government intends to (i) authorize C-PACE financing, GO authorize the imposition of C-PACE assessments on qualif g commercial properties benefittin from improvements to secure repayment of C-PACE financing,(iii, assign the C-PACE lien to the capital provider providing C-PACE financing, and (iv)delegate billing, collection, and enforcement duties for the C-PACE assessment and C-PACE lien to capital providers. (3) A statement that the amount of a C-PACE financing and related assessment repayment terms shall be pursuant to the related financing agreement. A statement identifying the local government department or employee that shall, upon receipt of an approved project application for C-PACE financing within its jurisdictional boundaries from the statewide administrator, execute Board of Commissioners - February 3, 2025 Page 4 ITEM: 6 - 3 - 4 Senate Bill 802-Ratified the documents included in G.S. 160A-239.14(a)(l)a., b., and c. on behalf of the local government. A statement that the local government shall be reimbursed by the statewide administrator for the actual and reasonable costs associated with the performance of the duties described in subdivision (4) of this subsection. A statement of the time and place for a public hearing on the proposed program. fib) The governing body of the local government may, after conducting a public hearing on the proposed program, adopt a resolution providing that the local government is joining the C-PACE Program. If the local government seeking to participate in the C-PACE Program is a city, the resolution adopted pursuant to this subsection shall be effective only with the concurrence of the governing body of the county in which the city is located. (cc) Pursuant to G.S. 160A-239.17(4), no funds for repayment of the voluntary C-PACE assessment should be received by the participatinglocal ocal government. However, if any such funds are received by the participating local government, such funds shall be custodial funds as described in G.S. 159-13(a) for the benefit of the capital provider. 160A-239.16. Immunity and foreclosure process. La) Neither the State nor any participating local ocal government, its officers, or employees shall be liable for any actions taken pursuant to this Article. A local government shall not be financially or legally liable or responsible for any assessment and lien imposed within its jurisdiction under the program. The capital provider shall be solely responsible for all billing, collection, and enforcement of the C-PACE assessment and C-PACE lien. Lc) Delinquent C-PACE assessment payments shall incur interest and penalties as specified in the financing agreement and shall accrue to the C-PACE lien. Enforcement of a delinquent C-PACE assessment payment by the capital provider shall be in the manner of the foreclosure of a deed of trust as provided in Article 2A of Chapter 45 of the General Statutes, except that C-PACE assessment payments not yet billed or due may not be accelerated or extinguished by foreclosure of the delinquent assessment payment or payments. Any outstanding or delinquent State, local, or federal taxes or liens at the time of the foreclosure proceeding shall be satisfied first, but the C-PACE lien shall be superior to all other liens on the property from the date on which the notice of the C-PACE assessment was recorded until the C-PACE assessment, interest, penalties, and charges accrued or accruing are paid. 160A-239.17. C-PACE assessment and lien. The followingshall hall apply to the C-PACE assessment and lien: L The lien shall be inferior to all prior and subsequent State, local, and federal taxes or liens and superior to all other liens on the property from the date on which the notice of the C-PACE assessment is recorded until the C-PACE assessment, interest, penalties, and charges accrued or accruing are paid. The lien shall run with the land, and that portion of the C-PACE assessment that is not vet due may not be accelerated or eliminated by foreclosure of a property tax or other lien. The C-PACE lien may not be contested on the basis that the improvement is not a qualified improvement or for any procedural or substantive irregularities related to the financing. For C-PACE assessments for leaseholds, the C-PACE assessment may be levied on the leasehold or possessory interest, including on publicly -owned land, subject to the consent of the entity owning the property and shall be payable by the owner of the leasehold interest. " 4 160A-239.18. Financing. Board of Commissioners - February 3, 2025 Senate Bill 802-Ratified ITEM: 6 - 3 - 5 Page 5 La) The financing for assessments imposed under this Article may include, but is not limited to: The cost of materials and labor necessary for the installation or modification of a qualified improvement. Permit fees. (33,) Inspection fees. Financingfees. ees_ (55,) Application and administrative fees. Project development and engineering fees. (77,) Interest reserves. Capitalized interest, in an amount determined by the owner of the commercial property and the capital provider. Any other fees or costs incurred by the property owner incident to the installation, modification, or improvement on a specific or pro rata basis, as determined by the local government. The term of the C-PACE financing may not exceed the weighted average useful life of qualif ing improvements. The total amount for financing of the qualifying improvement secured by the property shall not exceed thirty-fivepercent (35%) of the value of the property. The calculation of value used to determine the maximum amount of financing available for a particular property shall reflect the reasonable expected stabilized value of the property with the proposed qualifyin improvements installed. (dd,) The financing agreement between the capital provider and the property owner shall be negotiated by the parties, including all terms and conditions of repayment, including interest, penalties, and prepayment. 160A-239.19. Lender consent. Prior to entering into an assessment agreement, the property owner must submit to the statewide administrator a written statement, executed by each holder of a mortgage, deed of trust, or other lien on the property securing indebtedness, indicating their consent to the C-PACE assessment and that the C-PACE assessment does not constitute an event of default under the terms of the mortgage, deed of trust, or other indebtedness secured by lien. 160A-239.20. Prohibition on use of public funds. It is the intent of this Article that neither the State nor any local government shall use public funds to fund or repay any C-PACE assessment. Nothing in this Article shall be interpreted as authorizing a local government to pledge, offer, or encumber its full faith and credit, and no local government shall pledge, offer, or encumber its full faith and credit under this Article. "& 160A-239.21. Purchases and contracts. The proposed arrangements for C-PACE financing may authorize the property owner to do any of the following: W Directly = purchase the related equipment and materials for the installation or modification of a qualifying improvement. Q Contract directly, including through lease, power purchase agreement, or other service contract, for the related equipment and materials used in the installation or modification of a qualifying improvement." SECTION 2. G.S. 105-375(i) reads as rewritten: "(i) Issuance of Execution. — At any time after three months and before two years from the indexing of the judgment as provided in subsection (b) of this section, execution shall be issued at the request of the tax collector in the same manner as executions are issued upon other judgments of the superior court, and the real property shall be sold by the sheriff in the same manner as other real property is sold under execution with the following exceptions: (1) No debtor's exemption shall be allowed. Board of Commissioners - February 3, 2025 Page 6 ITEM: 6 - 3 - 6 Senate Bill 802-Ratified (2) At least 30 days prior to the day fixed for the sale, the sheriff shall send notice by registered or certified mail, return receipt requested, to the taxpayer at the taxpayer's last known address, in lieu of personal service, and to all lienholders of record. If within 10 days following the mailing of a notice, a return receipt has not been received by the sheriff indicating receipt of the notice, then the sheriff shall make additional efforts to locate and notify the taxpayer, if not yet notified, and all unnotified lienholders of record of the sale under execution in accordance with subdivision (4) of subsection (c) of this section. (3) The sheriff shall add to the amount of the judgment as costs of the sale any postage expenses incurred by the tax collector and the sheriff in foreclosing under this section. (4) In any advertisement or posted notice of sale under execution, the sheriff may (and at the request of the governing body shall) combine the advertisements or notices for properties to be sold under executions against the properties of different taxpayers in favor of the same taxing unit or group of units; however, the property included in each judgment shall be separately described and the name of the taxpayer specified in connection with each property. The purchaser at the execution sale acquires title to the property in fee simple free and clear of all claims, rights, interests, and liens except the liens of other taxes or special assessments not paid from the purchase price and not included in the judgment judgment, liens arising from rom C-PACE assessments authorized under Article 1 OB of Chapter 160A of the General Statutes, and conservation agreements, as defined in G.S. 121-35(1)." SECTION 3. G.S. 105-374(k) reads as rewritten: "(k) Judgment of Sale. — Any judgment in favor of the plaintiff or any defendant taxing unit in an action brought under this section shall order the sale of the real property or as much as may be necessary for the satisfaction of all of the following: (1) Taxes adjudged to be liens in favor of the plaintiff, other than taxes the amount of which has not been definitely determined, together with penalties, interest, and costs. (2) Taxes adjudged to be liens in favor of other taxing units, other than taxes the amount of which has not yet been definitely determined, if those taxes have been alleged in answers filed by the other taxing units, together with penalties, interest, and costs. The judgment shall appoint a commissioner to conduct the sale and shall order that the property be sold in fee simple, free and clear of all interests, rights, claims, and liens whatever, except that the sale shall be subject to (i) taxes the amount of which cannot be definitely determined at the time of the judgment, (ii) taxes and special assessments of taxing units which are not parties to the action, (}(iii) C-PACE assessments authorized under Article IOB of Chapter 160A of the General Statutes, (iv) in the discretion of the court, taxes alleged in other tax foreclosure actions or proceedings pending against the same real property, and (4v}w2conservation agreements, as defined in G.S. 121-35(1). In all cases in which no answer is filed within the time allowed by law, and in cases in which answers filed do not seek to prevent sale of the property, the clerk of the superior court may enter the judgment, subject to appeal as provided in G.S. 1-301.1." SECTION 3.1. G.S. 105-376(b) reads as rewritten: "(b) Payment of Purchase Price by Taxing Units; Status of Property Purchased by Taxing Units. — Any taxing unit that becomes the purchaser at a tax foreclosure sale may, in the discretion of its governing body, pay only that part of the purchase price that would not be distributed to it and other taxing units on account of taxes, penalties, interest, and such costs as accrued prior to the initiation of the foreclosure action under G.S. 105-374 or docketing of a judgment under G.S. 105-375. Thereafter, in such a case, the purchasing taxing unit shall hold the property for Board of Commissioners - February 3, 2025 Senate Bill 802-Ratified ITEM: 6 - 3 - 7 Page 7 the benefit of all taxing units that have an interest in the property as defined in this subsection (b). All net income from real property so acquired and the proceeds thereof, when resold, shall be first used to reimburse the purchasing unit for disbursements actually made by it in connection with the foreclosure action and the purchase of the property, and any balance remaining shall be distributed to the taxing units having an interest therein in proportion to their interests. The total interest of each taxing unit, including the purchasing unit, shall be determined by adding: (1) The taxes of the unit, with penalties, interest, and costs (other than costs already reimbursed to the purchasing unit) to satisfy which the property was ordered sold; (2) Other taxes of the unit, with penalties, interest, and costs which would have been paid in full from the purchase price had the purchase price been paid in full; (3) Taxes of the unit, with penalties, interest, and costs to which the foreclosure sale was made subject; and (4) The principal amount of all taxes which became liens on the property after purchase at the foreclosure sale or which would have become liens thereon but for the purchase, but no amount shall be included for taxes for years in which (on the day as of which property was to be listed for taxation) the property was being used by the purchasing unit for a public purpose. If the amount of net income and proceeds of resale distributable exceeds the total interests of all taxing units defined in this subsection (b), the remainder shall be applied to any special benefit assessments to satisfy which the sale was ordered or to which the sale was made subject, and any balance remaining shall accrue to the purchasing unit. When any real property that has been purchased as provided in this section is permanently dedicated to use for a public purpose, the purchasing unit shall make settlement with other taxing units having an interest in the property (as defined in this subsection) in such manner and in such amount as may be agreed upon by the governing bodies; and if no agreement can be reached, the amount to be paid shall be determined by a resident judge of the superior court in the district in which the property is situated. Nothing in this section shall be construed as requiring the purchasing unit to secure the approval of other interested taxing units before reselling the property or as requiring the purchasing unit to pay other interested taxing units in full if the net income and resale price are insufficient to make such payments. Any taxing unit purchasing property at a foreclosure sale may, in the discretion of its governing body, instead of following the foregoing provisions of this section, make full payment of the purchase price, and thereafter it shall hold the property as sole owner in the same manner as it holds other real property, subject only to taxes and special assessments, with penalties, interest, and costs, and liens arising from C-PACE assessments under Article lOB of Chapter 160A of the General Statutes, to which the sale was made subject." SECTION 4. G.S. 143-128.2(g) reads as rewritten: "(g) As used in this section: (1) The term "minority business" means either of the following: b. An Employee Stock Ownership Plan company in which at least fifty-one percent (51 %) of the plan participants are minority persons or socially and economically disadvantaged individuals. SECTION 5. G.S. 143-128.4(a) reads as rewritten: "(a) As used in this Chapter, the term "historically underutilized business" means either of the following: Board of Commissioners - February 3, 2025 Page 8 ITEM: 6 - 3 - 8 Senate Bill 802-Ratified (2) An Employee Stock Ownership Plan company in which at least fifty-one percent (51%) of the steek is owned by one e per -sons who an participants are members of at least one of the groups set forth in subsection (b) of this section. An ESOP companygpplying for certification as a historically underutilized business shall provide an attestation that it meets the requirements of this subdivision together with such documentation supporting the attestation as may be required by the Secretary." MODERNIZE WASTEWATER PERMITTING TO SUPPORT ENVIRONMENTALLY SOUND ECONOMIC DEVELOPMENT SECTION 5.1.(a) The General Assembly finds all of the following: (1) Residents of the State should be assured enjoyment of, and access to, proven and reasonable methods of treating and disposing of wastewater that embrace new technologies. (2) As the State continues to grow and attract businesses, it is critical that wastewater treatment and disposal facilities are provided for those businesses; and adequate and affordable housing that is proximate to those businesses must be available to assure the success of those businesses. (3) Residents of the State should be assured treatment in an equitable manner to their counterparts within other states comprising the United States Environmental Protection Agency's (USEPA) Region 4 where permits are authorized and issued for the discharge of treated wastewater from municipalities, businesses, and developments to, for example, receiving waters "in which natural flow is intermittent, or under certain circumstances non-existent" (Alabama Admin. Code r. 335-6-10-.09). (4) The discharge of treated wastewater to low flow or zero flow receiving waters is of low risk to the environment, protects and improves water quality, and provides the most prudent use of ratepayer funds. (5) For all these reasons, it is necessary to establish methodologies and rules for the discharge of treated domestic wastewaters with low risk following site specific criteria to surface waters of the State, including wetlands, perennial streams, and unnamed tributaries of named and classified streams and intermittent streams or drainage courses where the 7Q 10 flow or 30Q2 flow of the receiving waters is estimated to be low flow or zero flow, as determined by the United States Geological Survey (USGS). (6) This act preserves and maintains the authority of the Department of Environmental Quality (Department) for appropriate review, including opportunities for public comment, and requires the Department and the Environmental Management Commission (Commission) to seek necessary approvals from USEPA to adopt temporary and permanent rules to authorize discharges of wastewater to such receiving waters. SECTION 5.1.(b) G.S. 143-215.1(c8) is repealed. SECTION 5.1.(c) Section 12.9 of S.L. 2023-134 is repealed. SECTION 5.1.(d) No later than August 1, 2024, the Department of Environmental Quality (Department) and the Environmental Management Commission (Commission) shall develop and submit to the United States Environmental Protection Agency for USEPA's approval draft rules that establish methodologies and permitting requirements for the discharge of treated domestic wastewaters with low risk following site -specific criteria to surface waters of the State, including wetlands, perennial streams, and unnamed tributaries of named and classified streams and intermittent streams or drainage courses where the 7Q10 flow or 30Q2 flow of the receiving Board of Commissioners - February 3, 2025 Senate Bill 802-Ratified ITEM: 6 - 3 - 9 Page 9 water is estimated to be low flow or zero flow, or under certain conditions non-existent, as determined by the United States Geological Survey (USGS). Within 20 days of the date USEPA approves the draft rules submitted pursuant to this subsection, the Commission shall initiate the process for temporary and permanent rules pursuant to Chapter 150B of the General Statutes. The draft rules submitted to USEPA for approval shall include all of the following: (1) Defined terms. — a. "Treated domestic wastewater" shall mean sewage and wastewater comprised of waste and wastewater from household, commercial or light industrial operations (e.g., homes, restaurants, car washes, laundromats servicing only domestic laundry) excluding any industrial process wastewater regulated by USEPA under the Categorical Pretreatment Standards. b. "Low -risk discharges" means discharges of 2 million gallons per day or less of treated domestic wastewater when the dissolved oxygen content (DO) of the effluent is significantly higher (1.5 mg/l or greater) than the DO of the receiving water during low flow periods and the biological oxygen demand content (BOD) of the effluent is significantly lower (1.5 mg/1 or more) than the DO of the effluent. C. "Sag" means a reduction in the existing DO in the background surface receiving water to which treated wastewater will be discharged. Sag is typically related to nutrient elements within treated wastewater, which may promote the growth of oxygen -consuming micro-organisms, increasing the BOD, which at elevated levels may reduce DO in the background surface water body. (2) Criteria for permitting. — a. Applicants shall be required to demonstrate, through an analysis comparing the limits of the NPDES permit to the characteristics of the receiving water, that a proposed discharge meets criteria for a low -risk discharge as defined in this subsection. When a discharge is determined to be low -risk, the applicant shall demonstrate using simple modeling of the applicant's choosing, provided that the model chosen is utilized elsewhere in USEPA Region 4, such as the Streeter -Phelps model used in the State of Alabama, to show that the Sag, if any, in the DO of the receiving water will not exceed 0.1mg/l. b. Discharges to low flow or zero flow receiving waters shall be subject to the following conditions: 1. The receiving waters fall within any of the following categories: I. The 7Q10 or 32Q2 flow statistics are estimated to be zero by the USGS. II. The drainage area of the discharge point is less than 5 square miles as specified by the USGS on-line tools or other methodology that meets the standard of care for such work. III. The 7Q 10 flow is estimated to be less than 1 cubic foot per second by the USGS. 2. The proposed flow for any wastewater discharge shall be the lesser of the following: I. No more than one -tenth of the flow generated by the one-year, 24-hour storm event given the drainage area and calculated using the rational method. The rational Board of Commissioners - February 3, 2025 Page 10 ITEM: 6 - 3 - 10 Senate Bill 802-Ratified method shall be used to calculate the peak runoff for the one-year, 24-hour precipitation event in cubic feet per second. The peak runoff shall then be divided by 10 and multiplied by 646,272 to convert the result to gallons per day of allowable discharge at the point studied. II. Two million gallons per day. 3. All discharges shall be directed to buffer systems that utilize low -energy methodologies to function as a buffer between the discharge and the receiving waters. Buffer systems shall consist of one of the following: I. High -rate infiltration basins that may include engineered materials to achieve high rates of infiltration, which engineered materials shall have an ASTM gradation of a fine to coarse grain sand, and angular to maintain structural integrity of the slope. II. Constructed free -surface wetlands having a hydraulic residence time of 14 days. III. Other suitable technologies that provide a physical or hydraulic residence time buffer, or both, between the discharge and the receiving waters. 4. Discharge to areas that are 50 feet upland of the receiving waters or wetlands at a non -erosive velocity equal to or less than 2 feet per second through an appropriately designed energy dissipater, or other applicable designs, that meet the standard of practice for professional engineers for such devices. 5. Utilize more than one outfall to the receiving stream so that no one outfall exceeds 1 cubic foot per second based on the average daily flow of the discharge. Discharges from buffer systems shall be allowed to be placed at increments along a stream or receiving waters at no less than 50 linear feet. 6. No discharge shall be permitted to classified shellfish waters (SA), tidal waters (SC), water supply waters (WS), or outstanding resource waters (ORW). Discharges to unnamed tributaries of classified shellfish waters, however, shall be authorized in compliance with requirements of this section and only when a low -risk situation is present. Discharges to nutrient sensitive waters (NSW) may require additional modeling and allocation of flow and will be at the discretion of the Department. 7. The following effluent limits shall generally apply except where (i) the applicant and Department agree to more stringent limits or (ii) complex modeling conducted pursuant to sub -sub -subdivision 8. of this sub -subdivision demonstrates that Sag in the DO content of the receiving water of 0.1 mg/1 or less will occur and water quality standards are protected: I. Biological oxygen demand (BOD5) shall not exceed 5.0 mg/1 monthly average. II. NH3, 0.5 mg/1 monthly average, 1.0 mg/1 daily maximum. Board of Commissioners - February 3, 2025 Senate Bill 802-Ratified ITEM: 6 - 3 -11 Page I I III. Total nitrogen shall not exceed 4.0 mg/1 monthly average. IV. Total phosphorus, 1.0 mg/1 monthly average, 2.0 mg/l daily maximum. V. Fecal coliforms, 14 colonies/100ml or less. VI Dissolved oxygen, 7.0 mg/1 or greater. VII. Total suspended solids, 5.0 mg/1 monthly average, 8mg/1 daily maximum. VIII. Nitrate, 1.0 mg/1 monthly average, 2.0 mg/1 daily maximum. 8. If an applicant proposes less stringent effluent limits than those set forth in sub -sub -subdivision 7. of this sub -subdivision, the applicant shall conduct more complex modeling using any model accepted elsewhere in USEPA Region 4 that the applicant elects to use to confirm that a Sag in the DO content of the receiving water of 0.1 mg/1 or less will occur and water quality standards are protected. 9. The Department shall not require an applicant to obtain mapping data from the USGS as part of an application. In lieu, an engineer of record licensed in the State of North Carolina may prepare required mapping utilizing either USGS maps or other maps approved by the Department. 10. Within 30 days of the filing of an application for a wastewater discharge subject to this section, the Department shall (i) determine whether or not the application is complete and notify the applicant accordingly and (ii) if the Department determines an application is incomplete, specify all such deficiencies in the notice to the applicant. The applicant may file an amended application or supplemental information to cure the deficiencies identified by the Department for the Department's review. If the Department fails to issue a notice as to whether or not the application is complete within the requisite 30-day period, the application shall be deemed complete. Within 180 days of the filing of a completed application, the Commission shall either grant or deny the permit. If the Commission fails to act in the requisite time frame, ten percent (10%) of the application fee shall be returned to the applicant for each working day beyond the 180-day period. SECTION 5.1.(e) No later than September 1, 2024, the Department in conjunction with the North Carolina Collaboratory at the University of North Carolina at Chapel Hill (Collaboratory) shall convene a Wastewater General Permit Working Group (Working Group) consisting of Department and Collaboratory staff and a maximum of five consulting experts appointed by the Director of the Collaboratory in the fields of environmental regulation, wastewater regulation, water quality regulation, and wastewater treatment regulation, to develop the draft rules for the implementation of a Wastewater Treatment and Discharge General Permit process for the State. The Working Group shall report its findings to the Environmental Review Commission no later than March 15, 2025. Following consideration by the Environmental Review Commission, and after making any changes required by the Environmental Review Commission, the Department shall develop and submit proposed rules to USEPA for its approval. Within 20 days of the date USEPA approves the draft rules submitted pursuant to this subsection, Board of Commissioners - February 3, 2025 Page 12 ITEM: 6 - 3 - 12 Senate Bill 802-Ratified the Commission shall initiate the process for temporary and permanent rules pursuant to Chapter 150B of the General Statutes. SECTION 5.1.(f) Beginning September 1, 2024, and quarterly thereafter until such times as permanent rules as required by subsections (d) and (e) of this section have become effective, the Department and the Environmental Management Commission shall report on their activities to implement subsections (d) and (e) of this section to the Environmental Review Commission, the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, the Senate Appropriations Committee on Agriculture, Natural and Economic Resources, and the House of Representatives Appropriations Committee on Agriculture and Natural and Economic Resources of the General Assembly. SECTION 5.1.(g) This section is effective when it becomes law. SECTION 6. This act becomes effective July 1, 2024. In the General Assembly read three times and ratified this the 28th day of June, 2024. Approved m. this s/ Phil Berger President Pro Tempore of the Senate s/ Tim Moore Speaker of the House of Representatives Roy Cooper Governor day of , 2024 Board of Commissioners - February 3, 2025 Senate Bill 802-Ratified ITEM: 6 - 3 - 13 Page 13 NORTH CAROLINA C-PACE PROGRAM GUIDELINES AND TOOLKIT Administered by: The Economic Development Partnership of North Carolina (EDPNC) Approved by: The North Carolina Department of Commerce Board of Commissioners - February 3, 2025 ITEM: 6 - 4 - 1 Table of Contents I. Introduction to C-PACE II. Benefits of C-PACE III. C-PACE Program Guidelines 1. Program Participation 2. Program Administration 3. Program Fees 4. Government Has No Liability or Financial Responsibility 5. Project Eligibility 6. Application and Closing Process 7. Billing, Collection, and Enforcement 8. Consent from Mortgage and Lien Holder(s) Required IV. C-PACE Toolkit Exhibits (attached) A. Resolution of Intent B. Resolution to Join C-PACE Program C. Resolution Concurring in Municipality Joining C-PACE Program D. Certificate of Qualifying Improvements E. Checklist and Property Owner Certification F. Form of Lienholder Consent G. Form of Assessment Agreement H. Form of Notice of C-PACE Assessment and Lien I. Form of Assignment of C-PACE Lien and Assessment Agreement 2 3 4 4 4 5 5 5 8 10 10 11 Board of Commissioners - February 3, 2025 ITEM: 6 - 4 - 2 I. Introduction to C-PACE In 2024, the North Carolina State legislature passed SB 802, with the following purpose: "The use of a C-PACE Program creates an additional financing mechanism for property owners to use private funds to finance improvements to their eligible property, thereby driving economic development by creating a diversity of jobs in the resilience and clean energy sectors of the economy. The assessment requires minimal upfront costs and provides a more accessible financial mechanism to fund improvements that will increase the tax value of the affected properties at minimal administrative cost to local governments. C-PACE improvements allow property owners to save on their utility bills because the improvements lead to energy or utility savings and will result in improved indoor air quality or increased resilience, which will increase the ability of communities and local governments to respond to natural disasters and improve public health." Under North Carolina General Statutes §160A-239.11 et seq. (the "C-PACE Act"), The Economic Development Partnership of North Carolina (EDPNC) is designated to administer a Commercial Property Assessed Capital Expenditure (C-PACE) Program. This Program allows owners of qualifying commercial property to obtain long-term financing from private capital providers for certain qualifying improvements up to 35% of the value of the property. Qualifying Improvements include energy efficiency, renewable energy, resiliency, and water conservation as well as improvements made to address safe drinking water. Similar C-PACE programs are active in over 36 states and have attracted more than $7 billion in private investment for thousands of properties. Counties and cities in North Carolina may participate in the statewide C-PACE Program to support commercial, industrial, agricultural, and multifamily property owners with access to financing for efficient and resilient building improvements (N.C.G.S. §160A-239.15). Joining the statewide program does not expose a local government to any financial or legal liability (N.C.G.S. §160A- 239.16 (a)). Private capital providers and the statewide administrator, EDPNC, will assist interested commercial property owners to apply for C-PACE financing. Local governments that join the C-PACE Program will be reimbursed for actual and reasonable costs associated with executing documents related to C-PACE assessments (N.C.G.S. §160A-239.15a(5)). To cover these costs, EDPNC will collect a $500 administration fee for approved C-PACE projects at time of closing. Except for executing documents necessary for a C-PACE financing, there is no other administrative involvement by the local government. Joining the C-PACE Program is a voluntary 3-step process, with support of EDPNC: 1) Adopt a Resolution of Intent 2) Hold a public hearing 3) Adopt a final Resolution to join the C-PACE Program A C-PACE assessment is secured by a voluntary senior lien on the property imposed by the local government at the property owner's request and is paid back over time. The security of the C- PACE lien enables capital providers to offer C-PACE financing which spreads the cost of qualifying improvements over the useful life of the measures, a term generally lasting between 20-30 years. C-PACE liens are junior in priority to all taxes and other governmental liens. Like other assessments, C-PACE financing is non -accelerating, which means only current or past due payments can be collected. In the event of default, only the payments in arrears are due. If the property is sold, the C-PACE repayment obligation transfers automatically to the next owner unless it is fully repaid. No change in the Program or in North Carolina's C-PACE legislation will affect a property owner's eligibility or obligation to pay C-PACE assessments incurred. Local governments are not responsible for collection; duties for billing and collection will be delegated to and handled privately by the capital provider for the project financed (§160A-239.16 (b)). Board of Commissioners - February 3, 2025 ITEM: 6 - 4 - 3 II. Benefits of C-PACE For Local Governments: C-PACE is an economic development tool. By making it more affordable for building owners to make major improvements to their buildings, local building stock is enhanced, which drives job creation. Energy and resiliency upgrades retain and attract new businesses by lowering utility costs, and in turn these upgrades generate higher property tax payments for local governments. C-PACE can also support local governments in their efforts to achieve energy and emissions reduction goals. The C-PACE program is structured to be cost - neutral for local governments and requires little -to -no administrative resources. For Property Owners and Developers: One of the biggest barriers to converting potential projects to completed projects for efficiency and resiliency upgrades are the up -front costs. C- PACE financing typically requires little up -front investment, and qualifying improvements have a direct impact on property value. Energy and water efficiency measures also lower operating costs. C-PACE financing has the following additional benefits: Up to 100%, long-term financing. Many owners lack the capital to complete efficiency and resiliency improvements. All direct and indirect hard and soft costs incidental to the qualifying improvements can be included in C-PACE financing applications, and are described on p.9. Transferrable upon sale. Some owners may need to sell their property before the C-PACE financing is fully repaid. The C-PACE lien and assessment are attached to the property and transfers to the new owner unless the prior owner pays off the assessment. Increased cash flow. C-PACE financing may be repaid over the useful life of the improvements, generally between 20-30 years. This is longer than other traditional commercial loans and therefore reduces the installment payments, having a positive effect on cash flow. For Existing Mortgage Holders: C-PACE improvements can enhance property value and typically improve a building's longevity, thereby reducing the risk of property value decline over time. In addition, by reducing utility expenses, C-PACE financing increases property owners' net operating income, improving the stability of their business. C-PACE assessments are non - accelerating, meaning only current or past due annual payments can be collected each year while future payments stay with the property. As such, existing lienholders see their collateral improved without substantial increase in credit risk and with minimal impact on lien priority. C-PACE financing is not permitted without the consent of all existing mortgage holders and, under certain circumstances, the holders of certain other obligations encumbering commercial property. For Energy Auditors, Architects, Building Engineers, and Contractors: When property owners can access financing for longer terms than are typically available, substantial efficiency and resiliency improvements become more affordable. Energy auditors, architects, engineers, and contractors can suggest C-PACE financing as a way for their clients to implement needed energy or resiliency upgrades that might otherwise be unaffordable. Since the demand for building efficiency and resiliency improvements will increase in a C-PACE-enabled jurisdiction, C-PACE is a powerful business growth catalyst for building professionals like energy auditors and contractors. Board of Commissioners - February 3, 2025 ITEM: 6 - 4 - 4 III. C-PACE Program Guidelines These Program Guidelines are established as part of the C-PACE Toolkit, which includes information of the C-PACE Program, approval criteria, and forms necessary for property owners to obtain C-PACE financing. 1. Program Participation Counties and cities may join the voluntary, statewide C-PACE Program by taking the following actions (N.C.G.S. §160A-239.15). Forms of Resolution of Intent (Exhibit A) and form of Resolution to Participate in the North Carolina C-PACE Program (Exhibit 8) are provided by EDPNC. ❑ Adopt a Resolution of Intent that includes: (1) Authorization for the C-PACE Program to operate within its jurisdictional boundaries and for EDPNC to provide administrative services (2) A statement that the local government intends to: (1) authorize C-PACE financing (ii) authorize the imposition of C-PACE assessments on qualifying commercial properties benefitting from qualifying improvements to secure repayment of C-PACE financing (iii) assign the C-PACE lien to the capital provider providing C-PACE financing (iv) delegate billing, collection, and enforcement duties for the C-PACE assessment and C-PACE lien to capital providers (3) A statement that the amount of a C-PACE financing and related assessment repayment terms shall be pursuant to the related financing agreement (4) A statement identifying the local government department or employee that shall, upon receipt of an approved project application for C-PACE financing within its jurisdictional boundaries from the statewide administrator, execute documents related to the C-PACE assessment on behalf of the local government (5) A statement that the local government shall be reimbursed by the statewide administrator for the actual and reasonable costs associated with the performance of the duties described in (4) (6) A statement of the time and place for a public hearing on the proposed program ❑ Conduct a public hearing on the proposed C-PACE Program ❑ Adopt a Resolution to join the C-PACE Program after conducting a public hearing o If a city wishes to participate in the C-PACE Program, the Resolution shall be effective only with the concurrence of the governing body of the respective county (Form provided in Exhibit C) 2. Program Administration The Economic Development Partnership of North Carolina (EDPNC) is the statewide administrator of the North Carolina C-PACE Program, with support from the program sponsor, The North Carolina Department of Commerce. EDPNC will review Project Applications to confirm that they meet requirements of statute. After approving a Project Application, EDPNC will coordinate with the related participating local government for execution of the Assessment Agreement (Exhibit G), Notice of C-PACE Assessment and Lien (Exhibit H), and Assignment of C-PACE Lien and Assessment Agreement (Exhibit 1). The Assessment and Notice may be recorded by either EDPNC or the property owner and capital provider in the local government's Board of Commissioners - February 3, 2025 ITEM: 6 - 4 - 5 county register of deeds. Annual reports regarding the C-PACE Program will be submitted by EDPNC to the North Carolina Department of Commerce annually. EDPNC will: • Accept C-PACE Project Applications from property owners and capital providers, with application fee • Review Project Applications to determine compliance with the C-PACE Act • Communicate to applicants the approval, conditional approval, or disapproval or their Project Application • If a Project Application is approved, submit relevant closing documents to the local government for execution • Record the Assessment Agreement and Notice of Assignment of C-PACE Lien, or delegate recording to the property owner and their capital provider • Collect a processing fee and administration fee at closing of the C-PACE financing • Submit an annual report to the North Carolina Department of Commerce 3. Program Fees To offset the actual and reasonable costs of administering the C-PACE Program, as required by the C-PACE Act, EDPNC will collect a $750 application fee with each Project Application. For each approved Project Application, EDPNC will collect at closing of the C-PACE financing: 1. A processing fee equal to 1 % of the total amount financed, not to exceed $25,000 (N.C.G.S. §160A-239.14(2b)). 2. A $500 administration fee to reimburse local governments for costs associated with their duties under the C-PACE Act (N.C.G.S. §160A-239.15a(5)). These fees will be included in the C-PACE assessment and financing, to be paid by the property owner. 4. Government Has No Liability or Financial Responsibility Neither the State nor any participating local government, its officers, or employees shall be personally liable for any actions taken pursuant to the C-PACE Act. Per the Act, the State nor any local government may use public funds to finance or repay C-PACE assessments, and all financing is obtained by commercial property owners from private -sector capital providers, including costs for program administration. A local government shall not be financially or legally liable or responsible for any assessment and lien imposed within its jurisdiction under the program. Neither the State nor any local government shall use public funds to fund or repay any C-PACE assessment. A local government shall not pledge, offer, or encumber its full faith and credit for any lien amount through a C-PACE Program. 5. Project Eligibility This section outlines the roles and responsibilities of a C-PACE transaction and includes descriptions of project and participant eligibility requirements: Capital providers may be any private entity, including its designee, successor, and assigns, that makes or funds C-PACE financing, including refinancing. Capital providers may submit their information to EDPNC to be listed as a prospective lender for C-PACE projects on the program website. Property owner means the holder of title in fee simple to qualifying commercial property. The title to the qualifying commercial property may not be in dispute. The property owner must be current Board of Commissioners - February 3, 2025 ITEM: 6 - 4 - 6 on all mortgage and property tax payments and cannot not be insolvent or in bankruptcy proceedings. These requirements will be verified using the Checklist and Property Owner Certification (Exhibit E) Property owners may receive funding for their qualifying improvements only from capital providers pursuant to a Financing Agreement negotiated between the property owner and capital provider. Neither the statewide administrator, the local government, nor program sponsor are party to this agreement. In the Financing Agreement, the property owner agrees to repay a capital provider for the C-PACE financing provided, including, but not limited to, any finance charges, fees, debt servicing, accrual of interest and penalties, and any terms relating to the treatment of prepayment and partial payment, and the billing, collection, and enforcement of the C-PACE financing. The financing agreement between the capital provider and the property owner shall be negotiated by the parties, including all terms and conditions of repayment, including interest, penalties, and prepayment. Property owners are authorized to obtain C-PACE financing to: (1) Directly purchase the related equipment and materials for the installation or modification of a qualifying improvement. (2) Contract directly, including through lease, power purchase agreement, or other service contract, for the related equipment and materials used in the installation or modification of a qualifying improvement. Qualifying commercial property means any privately -owned commercial, industrial, agricultural, or multi -family real property with five (5) or more dwelling units. This includes properties owned by nonprofit, charitable, or religious organizations. C-PACE financing may be provided to qualifying commercial properties for: o The acquisition, construction (including new construction), adaptive reuse, lease, installation, or modification of qualifying improvements o The refinancing of existing properties or new construction that have had qualifying improvements installed for no more than three (3) years prior to the date of Project Application. Exceptions will be approved by EDPNC on a case -by -case basis. Qualifvinq improvements mean permanently affixed improvements on qualifying commercial property as part of construction or renovation, including one or more of the following: Energy efficiency measure - equipment, component, or program change that reduces energy use and that meets or exceeds then -existing State and Federal building codes and efficiency standards or conservation codes. This includes, but is not limited to, energy produced from a combined heat and power system that uses nonrenewable energy resources. Examples of eligible measures may also include, but are not limited to: air sealing; installation of insulation; installation of energy -efficient heating, cooling, or ventilation systems; building modification to increase the use of daylight; window replacement; windows; energy controls or energy recovery systems; installation of electric vehicle charging equipment; installation of efficient lighting equipment; installations necessary for electrical connectivity; construction materials that use less carbon or have fewer emissions than comparable materials designed to serve the same purpose; or any other improvements necessary to achieve a sustainable building rating or compliance with a national model green building code. Board of Commissioners - February 3, 2025 ITEM: 6 - 4 - 7 Resiliency measure - equipment, component, or program change including, but not limited to, storm retrofits, flood mitigation, stormwater management (including but not limited to green and gray infrastructure), wind resistance, indoor air quality improvement, electric vehicle charging station, backup energy generators enrolled in an electric public utility demand response program, energy storage, and microgrids and other resilience projects as approved by the program administrator or sponsor. Examples of eligible measures may also include, but are not limited to: repairing, replacing, improving, or constructing a roof, including improvements that strengthen the roof deck attachment; creating a secondary water barrier to prevent water intrusion; installing wind -resistant shingles or gable -end bracing; and reinforcing roof -to -wall connections. Renewable energy measure - equipment, component, or program change that utilizes a renewable energy resource. Applicable renewable resources include: solar electric, solar thermal, wind, hydropower, geothermal, or ocean current or wave energy; biomass including agricultural waste, animal waste, wood waste, spent pulping liquors, combustible residues, combustible liquids, combustible gases, energy crops, or landfill methane; waste heat derived from a renewable energy resource and used to produce electricity or useful, measurable thermal energy at a retail electric customer's facility; or hydrogen derived from a renewable energy resource. Renewable energy resources do not include peat, a fossil fuel, or nuclear energy resource. Water conservation measure - equipment, component, or program change to decrease water consumption or demand, either indoor or outdoor. This also includes measures to address safe drinking water. On the Certificate of Qualifying Improvements, a licensed engineer or authorized representative of a licensed engineering firm will certify that qualifying improvements meet the following requirements on the form of Certificate of Qualifying Improvements (Exhibit D). All Buildings: Certification that all available electric public utility energy efficiency and demand response programs available to property owners, and any of their tenants, have been evaluated. Improvements to Existing Buildings: 1. For renewable energy, energy efficiency, or water conservation measures, an energy analysis stating that the proposed qualifying improvements will result in: a. more efficient use or conservation of energy that meets or exceeds then - existing State and federal building codes and efficiency standards or conservation codes b. more efficient use or conservation of water c. the reduction of greenhouse gas emissions d. the addition of renewable sources of energy or water 2. For resilience measures, certification that the qualifying improvements will result in improved resilience. • New Construction: certification that the proposed qualifying improvements will allow the project to exceed the energy or water efficiency requirements of the current State building code (or an equivalent standard), or in the case of a resiliency measure, achieve compliance with a national model resiliency standard (or equivalent standard). Board of Commissioners - February 3, 2025 ITEM: 6 - 4 - 8 o At time of publication of these guidelines, national standards for resiliency are led by the U.S. Green Building Council. EDPNC will consider improvements that could apply for least 1 point on the LEED Climate Resilience Screening Tool as eligible. Certification by LEED for Cities, SITES, and PEER will also qualify related measures. More information can be found here: https://www.usgbc.org/about/priorities/resilience. o EDPNC or Department of Commerce will review measures that qualify under other national models for resiliency standards on a case by case basis. Financing for C-PACE assessments may include, but are not limited to: o Hard costs: all costs related to direct installation and construction contracts, including materials, labor, and overhead associated with the qualifying improvements. Costs ancillary to the direct installation and construction contracts for improvements, such as changes to interior walls or ceilings to accommodate new piping or ducting, remediation of asbestos or mold, or other related costs, are also included. o Soft costs: indirect costs that are not considered direct construction costs but are necessary to complete the qualifying improvements. Examples include but are not limited to: o Project management o Application and closing fees (e.g., program administrator fees) o Title reports and credit checks o Financial services (e.g., capital provider fee, project developer fee) o Legal services (e.g., property owner legal, capital provider legal) o Recording taxes and fees, and escrow disbursement fees o Architectural and engineering costs related to the qualifying improvements o Consulting reports (e.g., technical review, energy audit, commissioning reports, measurement and verification, feasibility studies, financial projections, surveys) o Due diligence reports (e.g., appraisal, environmental, physical condition assessments) o Inspection fees o Energy savings performance guaranty or insurance o Building accreditation(s) o Permitting fees o Interest reserves o Capitalized interest, in an amount determined by the owner of the commercial property and the capital provider o Any other fees or costs incurred by the property owner incident to the installation, modification, or improvement on a specific or pro rata basis, as determined by the program administrator The term of C-PACE financing, excluding any capitalized interest or interest only periods, may not exceed the weighted average useful life of qualifying improvements and begins from first repayment. Installments for repayment of the assessment do not need to be equal. The total C- PACE financing amount shall not exceed 35% of the property's expected stabilized value with the proposed qualifying improvements installed (N.C.G.S. §160A-239.18(c)). 6. Application and Closing Process The Program has adopted the following documents as part of the Project Application: • Certificate of Qualifying Improvements (Exhibit D) • Checklist and Property Owner Certification (Exhibit E) Board of Commissioners - February 3, 2025 ITEM: 6 - 4 - 9 • Form of Lienholder Consent (Exhibit F) o If not available at time of application, Lienholder Consent maybe delivered at close and EDPNC will issue conditional approval if all other requirements are met. The Program has adopted the following form documents which shall be part of the closing of any C-PACE transaction. A property owner and capital provider may adapt the forms to the needs of their particular transaction but must not modify or omit any material substantive terms contained in the forms, unless as otherwise approved by EDPNC. • Assessment Agreement (Exhibit G) • Notice of C-PACE Assessment and Lien (Exhibit H) • Assignment of C-PACE Lien and Assessment Agreement (Exhibit 1) After a local government has joined the North Carolina C-PACE Program, a property owner begins the process of obtaining financing by connecting with a capital provider. The capital provider will work with the property owner to collect several diligence items. Once all the items have been received, reviewed, and approved by the capital provider, the parties will settle on the assessment terms and begin the application and closing process. This process will generally take the following steps: (1) The capital provider works with the property owner to prepare the Project Application documents including the Checklist and Property Owner Certification, Certificate of Qualifying Improvements, and Lienholder Consent. Applicants should review the Checklist and Property Owner Certification to ensure the types of information that the administrator will rely upon to verify compliance with the C-PACE Act are present in the completed Project Application. (2) EDPNC will have ten (10) business days to review and approve the Project Application. • If the Project Application is approved, the approval will be communicated in writing to the applicant, capital provider, and local government. The Project Application may be conditionally approved if Lienholder Consent is not yet available, but all other requirements have been satisfied. Conditional approval will be treated the same as an approval, with exceptions noted below. EDPNC's application review process is confined to confirming that the Project Application conforms to these guidelines. Approval does not constitute endorsement of any representations that may be made with regard to the operation and any savings associated with the Qualifying Improvements. • Incomplete Project Applications will be returned to the applicant with notice about which items were not provided or are insufficient or inaccurate on their face. (3) Upon receipt of approval, the capital provider will finalize drafts of the closing documents, including the Assessment Agreement, Notice of C-PACE Assessment, and Assignment of C-PACE Lien. At or before closing, the applicant's designated and authorized official may execute closing documents. If the Project Application received conditional approval, the closing documents executed by EDPNC and the local government may not be released from escrow unless and until all lender consents have been received and executed in accordance with the C-PACE Act. (4) At closing and upon executive by the local government, EDPNC or the capital provider will record the Assessment Agreement, Notice of C-PACE Assessment, and the Assignment of C-PACE Lien in the office of the register of deeds in the county in which the property is Board of Commissioners - February 3, 2025 ITEM: 6 - 4 - 10 located. Upon confirmation of recordation, the capital provider will disburse funds in accordance with the Financing Agreement. (5) Per the Assessment Agreement and in accordance with the Financing Agreement, the property owner makes payments over the assessment term. 7. Billing, Collection, and Enforcement Billing, collection and enforcement of C-PACE assessments and C-PACE liens will be the sole responsibility of capital providers. Delinquent assessment payments shall incur interest and penalties as specified in the Financing Agreement and shall be paid in accordance with the amortization schedule. Capital providers will enforce delinquent assessment payments in the same manner as foreclosure of a deed of trust. C-PACE assessment payments not yet billed or due may not be accelerated or extinguished by foreclosure of the delinquent assessment payment or payments. Outstanding or delinquent State, local, or federal taxes or liens at the time of the foreclosure proceeding will be satisfied first, but the C-PACE lien shall be superior to all other liens on the property from the date on which the Notice of the C-PACE Assessment was recorded and until the assessment, interest, penalties, and charges accrued or accruing are paid. 8. Consent from Mortgage and Lien Holder(s) Required Before entering into an Assessment Agreement, the property owner must submit to the statewide administrator, EDPNC, a written statement by each holder of a mortgage, deed of trust, or other lien securing indebtedness on the property regarding their consent to placement of the C-PACE Assessment. Each consenter must also attest that placement of the assessment does not constitute an event of default under the terms of the mortgage, deed of trust, or other indebtedness secured by the lien. If lienholder consent is not available at time of Project Application, EDPNC may issue conditional approval if all other requirements are met. In this case, lienholder consents are executed at closing, the signatures of the local government will be held in escrow and will not be released until the consents are obtained. Capital Providers may provide their own form of consent that conforms to the C-PACE Act. Board of Commissioners - February 3, 2025 ITEM: 6 - 4 - 11 Exhibits Attached A. Resolution of Intent B. Resolution to Join C-PACE Program C. Resolution Concurring in Municipality Joining C-PACE Program D. Certificate of Qualifying Improvements E. Checklist and Property Owner Certification F. Form of Lienholder Consent G. Form of Assessment Agreement H. Form of Notice of C-PACE Assessment and Lien I. Form of Assignment of C-PACE Lien and Assessment Agreement Board of Commissioners - February 3, 2025 ITEM: 6 - 4 - 12 DRAFT January 2025 RESOLUTION NO. RESOLUTION DECLARING INTENT OF THE [NAME OF CITY' / COUNTY OF ], NORTH CAROLINA TO PARTICIPATE IN THE COMMERCIAL PROPERTY ASSESSED CAPITAL EXPENDITURE (C-PACE) PROGRAM WHEREAS, Article 1013 of Chapter 160A of the General Statutes of North Carolina, as amended (the "C-PACE Act"), authorizes the establishment of a statewide commercial property assessed capital expenditure (C-PACE) program (the "C-PACE Program") that local governments may voluntarily join; and WHEREAS, the C-PACE Act authorizes the North Carolina Department of Commerce (the "Program Sponsor") to oversee the C-PACE Program and requires the Economic Development Partnership of North Carolina, Inc., a North Carolina nonprofit corporation (the "Statewide Administrator"), to administer the C-PACE Program and, in support thereof, provide certain administrative services described in N.C. Gen. Stat. § 160A-239.14; and WHEREAS, the C-PACE Act and C-PACE Program permit willing owners of commercial, industrial, or agricultural real property, or residential real property with five or more dwelling units located in the jurisdictional boundaries of participating local governments ("Qualifying Commercial Property") to obtain direct financing ("C-PACE Financing") from a "capital provider" (as further defined in N.C. Gen. Stat. § 160A-239.12(l), "Capital Provider") for "qualifying improvements" (as further defined in N.C. Gen. Stat. § 160A-239.12(14), "Qualifying Improvements") approved by the Program Sponsor, including energy efficiency measures, resiliency measures, renewable energy measures, and water conservation measures; and WHEREAS, under the C-PACE Act, C-PACE Financing shall be secured by a (a) voluntary assessment imposed on Qualifying Commercial Property by a local government for the total amount of such financing (the "C-PACE Assessment") and (b) lien on such Qualifying Commercial Property until the financing is paid in full (the "C-PACE Lien"); and WHEREAS, the [Name of City / County of ], North Carolina (the "[City/County]"), acting by and through its [ ]2, desires to participate in the C- PACE Program and, in support thereof, adopt a resolution setting forth the items required by N.C. Gen. Stat. § 160A-239.15(a); NOW, THEREFORE, BE IT RESOLVED by the [Name of Governing Body] of the [City/County of ], North Carolina as follows: Section 1. The [City/County] hereby authorizes (a) the C-PACE Program to operate within its jurisdictional boundaries and (b) the Statewide Administrator to provide the administrative services described in N.C. Gen. Stat. § 160A-239.14. ' NTD: Substitute "Town" or "Village" as appropriate. 2 NTD: Insert name of governing body (e.g., "Town Council" or "Board of Commissioners"). Confidential (C) Board of Commissioners - February 3, 2025 ITEM: 6 - 4 - 13 Section 2. The [City/County] intends to (a) authorize C-PACE Financing within the jurisdictional boundaries of the [City/County], (b) authorize the imposition of C-PACE Assessments to secure repayment of C-PACE Financing, (c) assign the C-PACE Lien to Capital Providers providing C-PACE Financing and (d) delegate billing, collection, and enforcement duties for the C-PACE Assessment and C-PACE Lien to Capital Providers. Section 3. The amount of any C-PACE Financing and related C-PACE Assessment repayment terms shall be pursuant to an agreement by and among [City/County], the Statewide Administrator, a "property owner" (as defined in the C-PACE Act, a "Property Owner") and Capital Provider (an "Assessment Agreement") and a financing agreement between a Property Owner and a Capital Provider in which a Property Owner agrees to repay a Capital Provider for the C-PACE Financing provided, including, but not limited to, any finance charges, fees, debt servicing, accrual of interest and penalties, and any terms relating to the treatment of prepayment and partial payment, and the billing, collection, and enforcement of the C-PACE Financing. Section 4. [ ]3 shall, upon receipt from the Statewide Administrator of an approved project application for C-PACE Financing within the jurisdictional boundaries of the [City/County], execute an Assessment Agreement, a Notice of C-PACE Assessment, and an Assignment of C-PACE Lien. Section 5. The [City/County] shall be reimbursed by the Statewide Administrator for the actual and reasonable costs associated with the performance of the duties described in Section 4 hereof. Section 6. A public hearing on the C-PACE Program will be held at [ ]4 on [] at [] [a•][p•]m.16 Section 7. Nothing in this resolution shall be interpreted as authorizing the [City/County] to pledge, offer, or encumber its full faith and credit, and the [City/County] shall not pledge, offer, or encumber its full faith and credit in connection with any C-PACE Financing. Section 8. Should any provision or provisions of this Resolution be declared invalid or unenforceable in any respect by final decree of any court of competent jurisdiction, the invalidity or unenforceability of any such provisions shall not affect the remaining provisions of such Resolution. Section 9. All resolutions or parts thereof in conflict herewith are, to the extent of such conflict, hereby repealed. Section 10. This Resolution shall take effect upon its adoption. 3 NTD: G.S. 160A-239.15(a)(4) requires the inclusion of a "statement identifying the local government department or employee that shall, upon receipt of an approved project application for C-PACE financing ... execute" these documents. The name of such department or employee should be inserted. 4 NTD: Insert location of public hearing. 5 NTD: Insert date and time of public hearing. 6 No guidance is provided in the statute as to how much notice of such public hearing should be provided or the manner of providing that notice. Confidential (C) Board of Commissioners - February 3, 2025 ITEM: 6 - 4 - 14 ADOPTED AND APPROVED this day of , 20_ Clerk to the [Governing Body] for the [Name of City/County of ] Carolina, DO HEREBY CERTIFY that the foregoing is a true and complete copy of a resolution adopted by the [Governing Body] of the City/County at a regular meeting duly called and held on WITNESS my hand and the official seal of the [City/County] this day of , 20_. (SEAL) Confidential (C) , Clerk [Governing Body] [Name of City/County of ] Board of Commissioners - February 3, 2025 ITEM: 6 - 4 - 15 DRAFT January 2025 RESOLUTION NO. RESOLUTION AUTHORIZING [NAME OF CITY'/ COUNTY OF ], NORTH CAROLINA TO PARTICIPATE IN THE COMMERCIAL PROPERTY ASSESSED CAPITAL EXPENDITURE (C-PACE) PROGRAM WHEREAS, as required by N.C. Gen. Stat. § 160A-239.14(a)(1), the [ ]2, of the [Name of City/County of ], North Carolina (the "[City/County]") previously adopted Resolution No. [_] (the "Resolution of Intent"), declaring the intent of the [City/County] to participate in the Commercial Property Assessed Capital Expenditure (C-PACE Program) established under Article lOB of Chapter 160A of the General Statutes of North Carolina, as amended (the "C-PACE Act"); and WHEREAS, as required by N.C. Gen. Stat. § 160A-239.14(b), on [ ]3 the [City/County] held a public hearing on its intent to participate in the C-PACE Program; and WHEREAS, as required by N.C. Gen. Stat. § 160A-239.14(a)(2), the [City/County] now desires to adopt a resolution to join the C-PACE Program; NOW, THEREFORE, BE IT RESOLVED by the [Name of Governing Body] of the [City/County of ], North Carolina as follows: Section 1. The [City/County] hereby joins the C-PACE Program, and declares that its participation in the C-PACE Program shall be subject to and consistent with the provisions of the C-PACE Act, the terms of the C-PACE Program as established by the Economic Development Partnership of North Carolina as the Statewide Administrator of the C-PACE Program, and the Resolution of Intent. Section 2. Nothing in this resolution shall be interpreted as authorizing the [City/County] to pledge, offer, or encumber its full faith and credit, and the [City/County] shall not pledge, offer, or encumber its full faith and credit in connection with any C-PACE Financing. Section 3. Should any provision or provisions of this Resolution be declared invalid or unenforceable in any respect by final decree of any court of competent jurisdiction, the invalidity or unenforceability of any such provisions shall not affect the remaining provisions of such Resolution. Section 4. All resolutions or parts thereof in conflict herewith are, to the extent of such conflict, hereby repealed. ' NTD: Insert name of City, Town or Village, and define as "City", "Town" or "Village" 2 NTD: Insert name of governing body (e.g., "Town Council" or "Board of Commissioners"). 3 NTD: Insert date of public hearing. Board of Commissioners - February 3, 2025 CbV#i14e§tia0(Cji 6 Section 5. This Resolution shall take effect [upon the concurrence of the governing body of the county in which the [City] is located. ] 4 [upon its adoption. ]5 ADOPTED AND APPROVED this day of , 20_ Clerk to the [Governing Body] for the [Name of City/County of ] Carolina, DO HEREBY CERTIFY that the foregoing is a true and complete copy of a resolution adopted by the [Governing Body] of the City/County at a regular meeting duly called and held on WITNESS my hand and the official seal of the [City/County] this day of , 20_. , Clerk [Governing Body] [Name of City/County of ] (SEAL) 4 NTD: N.C. Gen. Stat. § 160A-239.15(b) makes resolutions adopted by municipalities effective only with the "concurrence of the governing body of the county in which the city is located." For municipalities located in multiple counties, this language must be revised further to state: "upon the concurrence of all of the governing bodies of the counties in which the city is located." 5 NTD: A resolution adopted by the governing board of a county should be made effective upon adoption. Board of Commissioners - February 3, 2025 Cbj#i14e§tia0(Cji 7 DRAFT January 2025 RESOLUTION NO. RESOLUTION CONCURRING IN ADOPTION OF RESOLUTION OF [NAME OF CITY], NORTH CAROLINA TO PARTICIPATE IN THE IN THE COMMERCIAL PROPERTY ASSESSED CAPITAL EXPENDITURE (C- PACE) PROGRAM WHEREAS, as required by N.C. Gen. Stat. § 160A-239.14(a)(1), the of the [Name of City], North Carolina (the "City2") adopted a resolution (the "Resolution of Intent") declaring the intent of the [City] to participate in the Commercial Property Assessed Capital Expenditure (C-PACE Program) established under Article IOB of Chapter 160A of the General Statutes of North Carolina, as amended (the "C-PACE Act"); and WHEREAS, as required by N.C. Gen. Stat. § 160A-239.14(b), after adopting the Resolution of Intent the [City] (a) held a public hearing on its intent to participate in the C-PACE Program and (b) thereafter adopted a resolution to join the C-PACE Program (the "Authorizing Resolution"); and WHEREAS, under N.C. Gen. Stat § 160A-239.14(b), the Authorizing Resolution shall be effective only with the concurrence of the governing body of the county in which the [City] is located; and WHEREAS, the [City] is located within the County of [] (the "County") and the Board of Commissioners, as the governing board of the County, desires to concur with the adoption of the Authorizing Resolution pursuant to N.C. Gen. Stat § 160A-239.14(b); NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of [ ], North Carolina as follows: Section 1. The County hereby concurs with the Authorizing Resolution for purposes of N.C. Gen. Stat § 160A-239.14(b). Section 2. Nothing in this resolution shall be interpreted as authorizing the County to pledge, offer, or encumber its full faith and credit, and the County shall not pledge, offer, or encumber its full faith and credit in connection with any C-PACE Financing. Section 3. Should any provision or provisions of this Resolution be declared invalid or unenforceable in any respect by final decree of any court of competent jurisdiction, the invalidity or unenforceability of any such provisions shall not affect the remaining provisions of such Resolution. ' NTD: Insert name of governing body (e.g., "Town Council", "City Council", "Village Council" or "Board of Commissioners"). 2 NTD: Insert "Town" or "Village", as appropriate. Board of Commissioners - February 3, 2025 Cbj#1i4e§tia0(Cji 8 Section 4. All resolutions or parts thereof in conflict herewith are, to the extent of such conflict, hereby repealed. Section 5. This Resolution shall take effect upon its adoption. ADOPTED AND APPROVED this day of , 20_ I, , Clerk to the [Governing Body] for the [County of ] Carolina, DO HEREBY CERTIFY that the foregoing is a true and complete copy of a resolution adopted by the [Governing Body] of the County at a regular meeting duly called and held on 20 WITNESS my hand and the official seal of the [County] this day of , (SEAL) Clerk [Governing Body] [County of ] Board of Commissioners - February 3, 2025 Cbv#1'4e§tia0(eji9 Draft January 2025 NORTH CAROLINA C-PACE PROGRAM Exhibit D: Certificate Of Qualifying Improvements Qualifying improvements mean permanently affixed improvements on qualifying commercial property as part of construction or renovation, including one or more of the following: • Energy efficiency measure - equipment, component, or program change that reduces energy use and that meets or exceeds then -existing State and Federal building codes and efficiency standards or conservation codes. This includes, but is not limited to, energy produced from a combined heat and power system that uses nonrenewable energy resources. • Resiliency measure - equipment, component, or program change including, but not limited to, storm retrofits, flood mitigation, stormwater management, wind resistance, indoor air quality improvement, electric vehicle charging station, backup energy generators enrolled in an electric public utility demand response program, energy storage, and microgrids and other resilience projects as approved by the program administrator or sponsor. Renewable energy measure - equipment, component, or program change that utilizes a renewable energy resource. Applicable renewable resources include: solar electric, solar thermal, wind, hydropower, geothermal, or ocean current or wave energy; biomass including agricultural waste, animal waste, wood waste, spent pulping liquors, combustible residues, combustible liquids, combustible gases, energy crops, or landfill methane; waste heat derived from a renewable energy resource and used to produce electricity or useful, measurable thermal energy at a retail electric customer's facility; or hydrogen derived from a renewable energy resource. Renewable energy resources do not include peat, a fossil fuel, or nuclear energy resource. Water conservation measure - equipment, component, or program change to decrease water consumption or demand. This also includes measures to address safe drinking water. I, the undersigned, have reviewed the C-PACE Toolkit and hereby certify the following facts with respect to the proposed qualifying improvements for the proposed C-PACE project: I am either a licensed engineer or an authorized representative of a licensed engineering firm, whose registration number and stamp are shown below 2. All available electric public utility energy efficiency and demand response programs available to the property owner(s), and any tenants, have been evaluated prior to my signature. 3. The application is for: an existing building new construction 1 Board of Commissioners - February 3, 2025 ITEM: 6 - 4 - 20 Draft January 2025 5. 1 reviewed the following information regarding the project (e.g., equipment specifications; design drawings/modeling; permit applications; an ASHRAE Level 1 assessment/energy assessment; an ASHRAE Level 2 full building model) Please describe: 6. All proposed qualifying improvements reviewed will be permanently affixed to the property. 7. The weighted average useful life of the proposed qualifying improvements is years. FOR AN EXISTING BUILDING, I CERTIFY (please check all that apply): Based on findings in the energy analysis (please attach), the proposed qualifying improvements will result in: more efficient use or conservation of energy that meets or exceeds then -existing State and federal building codes and efficiency standards or conservation codes more efficient use or conservation of water the reduction of greenhouse gas emissions the addition of renewable sources of energy or water The qualifying improvements will result in improved resilience If other, please specify: FOR NEW CONSTRUCTION, I CERTIFY: The proposed qualifying improvements will allow the project to exceed the energy or water efficiency requirements of the current State building code, or in the case of a resiliency measure, achieve compliance with a national model resiliency standard. Signature: NAME: Business name: Business address: Business contact email: Business contact phone: 2 Board of Commissioners - February 3, 2025 ITEM: 6 - 4 - 21 Draft January 2025 IF APPLICABLE License No. Stamp: ATTACHMENTS (please denote using an X' or checkmark, and attach to this Certificate) verification of accreditation (if applicable): project proposal with list of estimated useful life of qualifying improvements energy analysis (if applicable) other (please specify): other (please specify): 3 Board of Commissioners - February 3, 2025 ITEM: 6 - 4 - 22 Draft January 2025 NORTH CAROLINA C-PACE PROUKAM Exhibit E: Checklist and Property Owner Certification CHECKLIST APPLICANT -PROVIDED EXAMPLES OF ACCEPTED DOCUMENTATION NOTES INFORMATION PROPERTY DEED ADDRESS TITLE INSURANCE REPORT ASSESSOR OFFICIAL RECORD The address must be within a participating jurisdiction. OWNER Legal name(s) of Owner(s): DEED INFORMATION TITLE INSURANCE REPORT Name of contact person: All names must match exactly what is on the Title Insurance Report and Assessor Official Record Phone number: If the name(s) is different: Certified copy of personal/corporate name Email address: change; Certified copy of merger/sale document reflecting name change; Certified copy of Power of Attorney QUALIFYING is this Property: ASSESSOR / TREASURER OFFICIAL PROPERTY commercial RECORDS agricultural APPRAISAL industrial ZONING REPORT multi -family of 5+ units 703299951 v1 Board of Commissioners - February 3, 2025 ITEM: 6 - 4 - 23 Draft January 2025 F QUALIFYING Property is owned by a: If property is held by a limited liability company, OWNER _limited liability company general or limited partnership or a corporation, the general or limited applicant should include a copy of the certificate partnership of formation, organization, incorporation or similar corporation document and a good standing _individual/Sole certificate/certificate of existence from the state or proprietorship organization and, if not organized in North trust Carolina, a certificate of registration to conduct business in North Carolina as a foreign entity. If a trust, a copy of the trust agreement or a trustees' certificate. If an individual, a copy of a valid driver's license. If the application is to be signed by a party other than the applicant, then, in addition to the foregoing, a power of attorney or corporate resolution authorizing said party. ❑ CAPITAL Legal Name: PROVIDER Name of contact person: Phone number: Email address: 703299951 v1 Board of Commissioners - February 3, 2025 ITEM: 6 - 4 - 24 Draft January 2025 By signature below, the applicants (the property owner and capital provider) affirm that the information and documentation are true and correct to the best of their ability and that the applicants understand the risks of participating in the c-pace program; further, the applicants affirm that neither the state, the local governing body, executives, nor employees are personally liable as a result of exercising any rights or responsibilities granted under this program. The property owner certifies they are: 1. The holder of title in fee simple to the qualifying commercial property and that title to the qualifying commercial property is not in dispute; 2. Current on all mortgage payments and property taxes; and 3. Not insolvent or in bankruptcy proceedings. ON BEHALF OF PROPERTY OWNER: NAME & TITLE: DATE: ON BEHALF OF CAPITAL PROVIDER: NAME AND TITLE: I0Lr92i TO BE COMPLETED BY AUTHORIZED OFFICIAL APPLICATION: APPROVED CONDITIONALLY APPROVED DENIED ON BEHALF OF ECONOMIC DEVELOPMENT PARTNERSHIP OF NORTH CAROLINA: 703299951 v1 NAME AND TITLE: DATE: Board of Commissioners - February 3, 2025 ITEM: 6 - 4 - 25 DRAFT January 2025 CONSENT OF LIENHOLDER Date: Lienholder: NAME ADDRESS CITY, STATE, ZIP PHONE NUMBER Property Owner and Mailing Address: OWNER NAME OWNER ADDRESS OWNER CITY, STATE, ZIP Property (as more particularly described in the attached Exhibit A): PROPERTY ADDRESS PROPERTY CITY, STATE, ZIP Instrument(s) Securing Indebtedness (the "Security Instrument") and Recording Information: [Name], recorded in [Book], [Page] in the Office of the Register of Deeds of [] County, North Carolina This CONSENT OF LIENHOLDER (this "Consent") is hereby delivered by the undersigned individual or entity (the "Lienholder") with respect to the above -referenced indebtedness (the "Indebtedness") secured by the Property under the terms of the above -referenced Security Instrument. The [City/County of ], North Carolina (the "[City/County]"), in which the Property is located, is a participant in the commercial property assessed clean energy (C-PACE) program ("C-PACE Program") authorized under Article lOB of Chapter 160A of the General Statutes of North Carolina, as amended (the "C-PACE Act"). The Property Owner intends to finance the installation of "qualifying improvements" on the Property under the C-PACE Act and the C-PACE Program in an amount not to exceed $[ ] (the "C-PACE Financing"). Such qualifying improvements may include energy efficiency measures, resiliency measures, renewable energy measures, or water conservation measures. To secure the C-PACE Financing from [ ] (together with its successors and assigns, the "Capital Provider"), the Property Owner will agree to the imposition of an assessment ("C-PACE Assessment") and a lien ("C-PACE Lien") against the Property by [City/County]. The C-PACE Assessment will be collected in installments by the Capital Provider and any delinquent assessment payments by the Property Owner shall accrue interest and penalties as specified in a financing agreement between the Property Owner and Capital Provider. The C-PACE Lien shall be inferior to all prior and subsequent State, local, and federal taxes or liens, including the lien of ad valorem taxes on real property, but shall be superior to all other liens on the Property (including the lien of the Security Instrument) from the date on which the notice of the C-PACE Assessment is recorded. Board of Commissioners - February 3, 2025 ITEM: 6 - 4 - 26 In no circumstances will amounts owing on the C-PACE Assessment be accelerated or extinguished by foreclosure of the delinquent assessment payment or payments. Any proceeding to enforce the C-PACE Lien shall be limited to the collection of the amounts then currently due with respect to the C-PACE Assessment, including interest, fees, charges and other costs as permitted under the C- PACE Act and Article 2A of Chapter 45 of the General Statutes of North Carolina, as amended. By signing below, Lienholder hereby: (i) acknowledges receipt of timely prior notice of the C- PACE Financing, the C-PACE Assessment and the C-PACE Lien, (ii) consents to the C-PACE Lien in the amount of the C-PACE Financing; (iii) agrees that the C-PACE Financing and imposition of the C- PACE Assessment and the C-PACE Lien do not constitute an event of default or trigger the exercise of any remedies under the terms of the Security Instrument or any agreement securing the Indebtedness; and (iv) acknowledges that this Consent is being relied on by all parties participating in, lending in or administering the C-PACE Financing. [Remainder of page intentionally left blank] Board of Commissioners - February 3, 2025 ITEM: 6 - 4 - 27 The undersigned hereby represents that he or she is authorized to execute and deliver this Consent of Lienholder on behalf of the Lienholder. LIENHOLDER: By — Name Title STATE OF COUNTY OF a Notary Public of said State and County, do hereby certify that personally came before me this day and acknowledged that he/she is the of [Lienholder], and that by authority duly given and as the act of the [Lienholder], the foregoing instrument was signed in the [Lienholder's] name by [him/her] as its Witness my hand and official seal this day of , 20 Notary Public My commission expires: Board of Commissioners - February 3, 2025 ITEM: 6 - 4 - 28 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY [Attached] Board of Commissioners - February 3, 2025 ITEM: 6 - 4 - 29 DRAFT JANUARY 2025 Assessment Agreement for C-PACE Financing [CITY]' [COUNTY OF ], NORTH CAROLINA COMMERCIAL PROPERTY ASSESSED CAPITAL EXPENDITURE (C-PACE) PROGRAM NTD: G.S. 160A-239.13(a) authorizes "a statewide C-PACE Program in which any local government may participate." G.S. 160A-239.12(8) defines "local government" as a "city or county." North Carolina law does not distinguish between a "city" or other types of municipalities (e.g., towns or villages). The term "city" in G.S. 160A- 239.12(8) should be interpreted consistently with the definition of "city" in G.S. 160A-1(2), which means "a municipal corporation organized under the laws of [the] State ... and having the powers, duties, privileges and immunities conferred by law on cities, towns and villages." This model Assessment Agreement for C-PACE Financing uses the term "City," which should be changed to "Town" or "Village," as applicable. Board of Commissioners - February 3, 2025 ITEM: 6 - 4 - 30 TABLE OF CONTENTS Page Section 1. Purpose2Section 2. The Property 2Section 3. Assessment and Lien 2Section 4. Term; Agreement Runs with the Land 3Section 5. Assignment to Capital Provider of Assessment Billing, Collection and Enforcement 4Section 6. Amendment 5Section 7. Binding Effect; Assignment 5Section 8. No Liability of the [City/County] 5Section 9. Indemnification 5Section 10. Governing Law; Venue 5Section 11. Severability 5Section 12. Counterparts 6EXHIBIT A LEGAL DESCRIPTION OF PROPERTY A-lEXHIBIT B QUALIFIED IMPROVEMENTS B-lEXHIBIT C FORM OF NOTICE OF C-PACE ASSESSMENT AND C-PACE LIEN C-lEXHIBIT D ASSESSMENT SCHEDULE D-lEXHIBIT E FORM OF ASSIGNMENT OF C-PACE LIEN E-1 1 Board of Commissioners - February 3, 2025 ITEM: 6 - 4 - 31 Assessment Agreement for C-PACE Financing [City]/[County of ], North Carolina This ASSESSMENT AGREEMENT FOR C-PACE FINANCING (this "Agreement") is made and entered into as of this [_] day of [__], 20, (the "Effective Date") by and among the [City] [County of �, North Carolina (the "[City/County] ,)2, Economic Development Partnership of North Carolina, Inc., a North Carolina nonprofit corporation (the "Administrator"), [CAPITAL PROVIDER], a [STATE] [ENTITY TYPE] (together with its successors and assigns, "Capital Provider") and [PROPERTY OWNER], a [STATE][ENTITY TYPE] (the "Property Owner") the holder of fee simple title to the real property identified on Exhibit A (the "Property"). RECITALS WHEREAS, through the adoption of Resolution No. [_] ("Resolution of Intent"), the [City/County] on [ ] declared its intent to participate in the Commercial Property Assessed Capital Expenditure Program (the "C-PACE Program") to allow the financing of certain "qualifying improvements" as defined in N.C. Gen. Stat. § 160A-239.12(14) (the "Qualified Improvements"), through the imposition of voluntary assessments on "qualifying commercial property" (as defined in N.C. Gen. Stat. § 160A-239.12(13)) pursuant to Article 1 OB of Chapter 160A of the General Statutes of North Carolina, as amended (as may be amended from time to time, the "C-PACE Act"); and WHEREAS, in the Resolution of Intent, the [City/County] authorized the C-PACE Program to operate within its jurisdictional boundaries and for the Administrator to provide certain administrative services specified in N.C. Gen. Stat. § 160A-239.14; and [WHEREAS, through the adoption of Resolution No. [_] ("Authorizing Resolution"), the [City/County] on [ ] joined the C-PACE Program [and, as required by N.C. Gen. Stat. § 160A- 239.15(b), the Board of Commissioners of the County of [], North Carolina has concurred with the participation by [City] in the C-PACE Program; and]'; WHEREAS, the purpose and method of approval of C-PACE financing under the C-PACE Program are described in the Program Guidebook established by the Administrator, as the same may be amended from time to time prior to the Effective Date of this Agreement (the "Program Guidebook"); and WHEREAS, the Property is located in the jurisdictional boundaries of the [City/County] and the [City/County] has consented to owners of eligible properties within its jurisdiction participating in the C- PACE Program; and WHEREAS, the Property Owner has submitted a project application to the Administrator including a description of the Qualified Improvements that will be acquired, installed and/or modified on the Property; and WHEREAS, the Administrator has reviewed such application materials to assess compliance with the C-PACE Act and Program Guidebook, and the Administrator has determined that the project proposed 2 NTD: The defined term should be either (1) as discussed in Footnote 1 above, "City," "Town" or "Village" (if a municipality), or (2) "County" (if a County). 3 NTD: N.C. Gen. Stat. § 160A-239.15(b) requires that each county in which a municipality is located concur in the municipality's adoption of the Authorizing Resolution. This bracketed information about the county's concurrence should be included in municipal assessment agreements, but need not be included in county assessment agreements. Board of Commissioners - February 3, 2025 ITEM: 6 - 4 - 32 by the Property Owner complies with such criteria and is approved for participation in the C-PACE Program (the "Approved Project'); and WHEREAS, the Approved Project is to be financed pursuant to a financing agreement (the "Financing Agreement") between the Property Owner and the Capital Provider and under which the Property Owner agrees to repay such Capital Provider for the C-PACE financing provided; and WHEREAS, pursuant to the C-PACE Act, the [City/County] and the Property Owner must enter into an agreement whereby the Property Owner voluntarily consents to have an assessment imposed and a lien placed on the Property in exchange for receiving and repaying C-PACE financing; and WHEREAS, it is a condition to closing of the Financing Agreement that the Property Owner and the [City/County] enter into this Agreement; and WHEREAS, the Property Owner voluntarily and willingly agrees to have an assessment imposed on the Property by the [City/County] and to enter into this Agreement in order to finance the installation on the Property of the Qualified Improvements contemplated as part of the Approved Project, all on the terms set forth in the Financing Agreement; NOW, THEREFORE, in consideration of the foregoing and the covenants and agreements hereinafter contained, and for other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the [City/County], the Capital Provider, the Administrator and the Property Owner formally covenant and agree as follows, with the intent to bind themselves and their respective successors and assigns: AGREEMENT Section 1. Purpose. The [City/County], the Capital Provider, the Administrator and the Property Owner are entering into this Agreement for the purpose of subjecting the Property to a C-PACE assessment to finance or refinance the installation or modification on the Property of the Qualified Improvements identified on Exhibit B attached hereto. Section 2. The Property. This Agreement relates to the Property identified on Exhibit A attached hereto. The Property Owner has supplied to the [City/County] and Capital Provider current evidence of its ownership of title in fee simple to the Property and possesses all legal authority necessary to execute and deliver this Agreement. Section 3. Assessment and Lien. (a) The Property Owner hereby voluntarily consents to the imposition of an assessment levied against the Property by the [City/County] pursuant to this Agreement, the C-PACE Act and other applicable law in the principal amount of $[ ], together with all interest, penalties, charges, fees and other amounts due under and described in the Financing Agreement (the "Assessment'). Upon execution and delivery of this Agreement, the [City/County] will execute, and the Property Owner and Capital Provider shall cause to be recorded in the Office of the Register of Deeds of the County of [ ]4, North Carolina (the "Recording Office"), together with a copy of this Agreement, a Notice of C-PACE Assessment and C-PACE Lien ("Notice of Assessment'), substantially in the form of Exhibit C attached hereto. The recording of the Notice of Assessment will cause the Assessment to attach as a lien upon the Property for the benefit of the [City/County] (the "C-PACE Lied') and provide record notice to 4 NTD: Insert name of county in which the Property is located. 2 Board of Commissioners - February 3, 2025 ITEM: 6 - 4 - 33 third parties of the existence of the C-PACE Lien. (b) The execution and delivery of this Agreement by the parties authorizes and effectuates the imposition of the Assessment by the [City/County] against the Property without any further action required by the parties hereto. (c) The Property Owner hereby promises to pay the Assessment to the Capital Provider on the due dates set forth in Exhibit D attached hereto (the "Assessment Schedule"). The Property Owner agrees, as provided in the Financing Agreement, to pay the amount due in installments according to the Assessment Schedule (each, an "Assessment Installment'), each such Assessment Installment to be paid by the Property Owner by its due date in order to avoid delinquencies and the accrual of interest and related penalties. (d) The Assessment shall be secured by the C-PACE Lien until all obligations of the Property Owner with respect to the Assessment are paid in full as certified by the Capital Provider. Upon such payment in full, the Capital Provider shall provide notice to the County that the Assessment has been paid in full and directing the County to release the lien. Failure to pay any Assessment Installment will result in penalties and interest accruing on the amounts due under the terms and provisions of the Financing Agreement. In addition, under those circumstances, the C-PACE Lien may be subject to foreclosure in the manner specified in Section 5(b) below. (e) The Property Owner hereby certifies to the [City/County], Capital Provider and Administrator that: W the Property Owner is the holder of title in fee simple to the Property and title to the Property is not in dispute; (ii) the Property Owner is current on all mortgage payments and property taxes relating to the Property; (iii) the Property Owner is not insolvent or in bankruptcy proceedings; (iv) the term of the financing of the Qualifying Improvements under the Financing Agreement does not exceed the remaining weighted average useful life of the Qualifying Improvements; (v) the Property Owner has submitted to the Administrator a written statement, executed by each holder of a mortgage, deed of trust, or other lien on the Property securing indebtedness, indicating their consent to the Assessment and that the Assessment does not constitute an event of default under the terms of such mortgage, deed of trust, or other indebtedness secured by lien; and (vi) the total amount of financing of the Qualifying Improvements under the Financing Agreement does not, as of the date hereof, exceed thirty-five percent (35%) of the current reasonable expected stabilized value of the Property after the installation or modification of the Qualifying Improvements. Section 4. Term; Agreement Runs with the Land. (a) Except as otherwise set forth in this Agreement, this Agreement shall terminate upon the full and complete satisfaction of the Assessment, whether by virtue of a final payment under the Assessment Schedule, prepayment of the Assessment or otherwise (including payment of all amounts due 3 Board of Commissioners - February 3, 2025 ITEM: 6 - 4 - 34 under the Financing Agreement). After the satisfaction of any and all obligations of the Property Owner with respect to the Assessment, the parties hereto shall execute and deliver, and the Capital Provider shall cause to be recorded, such instruments as are necessary in order to release the C-PACE Lien. (b) As set forth in N.C. Gen. Stat. § 160A-239.17(2), the C-PACE Lien placed pursuant to this Agreement establishes rights and obligations that are for the benefit of the Property and, therefore, such rights and obligations run with the land. In the event of a foreclosure on the C-PACE Lien or foreclosure on any other lien for delinquent federal, state or local taxes affecting the Property, any portion of the Assessment that has not yet become due and payable will not be accelerated or extinguished, and the Property will remain subject to the C-PACE Lien with respect to all remaining amounts to become due with respect to the Assessment. (c) While any portion of the Assessment remains unpaid, the Property shall not be subdivided without the Capital Provider's prior written consent. In the event the Property is subdivided while any portion of the Assessment remains unpaid, the Assessment will apply to each of the newly created parcels on the basis of relative valuation at the time of the subdivision, unless otherwise agreed to by the Capital Provider in its sole discretion. Section 5. Assignment to Capital Provider of Assessment Billing, Collection and Enforcement. (a) The [City/County] hereby delegates to the Capital Provider, and the Capital Provider agrees to, or to cause its designee to, bill, collect and enforce the Assessment and C-PACE Lien. The Capital Provider and the [City/County] shall execute and deliver an Assignment of C-PACE Lien ("Assignment of C-PACE Lien"), substantially in the form of Exhibit E attached hereto, to evidence such delegation. Upon the recordation of the Notice of Assessment, the [City/County] and the Capital Provider shall cause the Assignment of C-PACE Lien to be recorded in the Recording Office. The Property Owner hereby consents to such delegation and assignment, and the recordation of the Assignment of C-PACE Lien in the Recording Office. (b) Delinquencies and Private Foreclosure. As provided in the C-PACE Act, the Capital Provider shall enforce any delinquent Assessment Installment in the manner of the foreclosure of a deed of trust as provided in Article 2A of Chapter 45 of the General Statutes of North Carolina, as amended, except that any Assessment Installments not yet billed or due may not be accelerated or extinguished by foreclosure of any delinquent Assessment Installment. In the event of any foreclosure, outstanding or delinquent state, local, or federal taxes or liens at the time of the foreclosure proceeding shall be satisfied first, with the C-PACE Lien superior to all other liens on the Property from the date on which the Notice of Assessment is recorded until the Assessment, and any interest, penalties, and charges accrued or accruing thereon, are paid. Any sale proceeds in excess of the overdue Assessment Installment and related interest, penalties, and charges, will be distributed by the Capital Provider in accordance with applicable law governing distribution of proceeds following the foreclosure of a deed of trust under Article 2A of Chapter 45 of the General Statutes of North Carolina. (c) The capital provider shall inform the program administrator and any local government in which a property is located if a property owner is delinquent in their annual assessment payment, but in no event shall the notice be made later than 180 days after the scheduled annual assessment payment is due. The communication from the capital provider shall state the property address and parcel identification number, and the amount of the delinquent payment and the balance of the assessment on the property. 4 Board of Commissioners - February 3, 2025 ITEM: 6 - 4 - 35 Section 6. Amendment. (a) This Agreement may be modified only by the written agreement of the [City/County], the Capital Provider, the Administrator, the Property Owner, or any of their successors or assigns. (b) The Property Owner agrees that it will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements hereto and such further instruments as may reasonably be required in order to carry out the expressed intention of this Agreement. Section 7. Binding Effect; Assignment. This Agreement inures to the benefit of and is binding upon the [City/County], the Administrator, the Capital Provider, the Property Owner and their respective successors and assigns; provided, however, that neither the [City/County] nor the Administrator may assign its rights and obligations under this Agreement without the prior written consent of the Capital Provider. The obligation to pay the Assessment set forth in this Agreement is an obligation of the Property and no agreement or action of the Property Owner (other than repayment of the Assessment in full in accordance with the terms of the Financing Agreement) will impair in any way the right to pursue a foreclosure with respect to the C-PACE Lien or the right to enforce the collection of the Assessment or any Assessment Installment against the Property. The Capital Provider may assign any or all of its rights arising under this Agreement without the consent of the [City/County], the Property Owner or the Administrator, provided the Capital Provider provides prior written notice of the assignment to an assignee unaffiliated with the Capital Provider to the [City/County], the Property Owner, and the Administrator. Section 8. No Liabili , of the [Ci , /CountyJ. The [City/County] shall incur no liability as a result of any provision of this Agreement, nor shall any members of the governing body, officers, or employees of the [City/County] be personally liable for exercising any rights or responsibilities pursuant to or in furtherance of this Agreement. This provision shall inure only to the [City/County], its governing body, employees, board members, and executives, and not to the benefit of the [City/County]'s successors or assigns of this Agreement. Nothing in this resolution shall be interpreted as authorizing the [City/County] to pledge, offer, or encumber its full faith and credit. Section 9. Indemnification. Property Owner agrees to defend, indemnify and hold the [City/County], its officials, officers, employees, agents and contractors harmless from any and all claims, including but not limited to reasonable attorney's fees, costs, expenses, demands, losses and liabilities to or by third parties arising from, resulting from or connected with this Agreement, the Approved Project, the Assessment and the C-PACE Lien. Property Owner's duty to indemnify the [City/County] shall not apply to liability for damages to the extent caused by or resulting from the sole or contributory negligence or willful misconduct of the [City/County], its officials, officers, employees, agents or contractors. Property Owner agrees to defend, indemnify and hold the Capital Provider, its directors, officers, employees, agents and representatives harmless hereunder in the same manner provided in the Financing Agreement. Section 10. Governing Law; Venue. This Agreement is governed by and construed in accordance with the laws of the State of North Carolina. Any legal action brought under this Agreement must be instituted in a court of competent jurisdiction in the State of North Carolina located in the county in which the Property is located. Section 11. Severability. Each and every provision of this Agreement is, and shall be construed to be, a separate and independent covenant and agreement. If any term or provision of this Agreement or the application thereof shall to any extent be held to be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to circumstances other than those to which it is invalid or unenforceable, shall not be affected thereby, and each term and provision of this 5 Board of Commissioners - February 3, 2025 ITEM: 6 - 4 - 36 Agreement shall be valid and shall be enforced to the extent permitted by law. Section 12. Counterparts. This Agreement may be executed in several counterparts, each of which is an original and all of which constitutes one and the same instrument. Signatures Appear on Following Page 6 Board of Commissioners - February 3, 2025 ITEM: 6 - 4 - 37 IN WITNESS WHEREOF, the [City/County], the Administrator, the Capital Provider and the Property Owner have caused this Agreement to be executed in their respective names by their duly authorized representatives, all as of the date first above written. [CITY/COUNTY] : [City/County], North Carolina By:_ Name: ADMINISTRATOR: Economic Development Partnership of North Carolina, Inc. By:_ Name: Title: CAPITAL PROVIDER: [CAPITAL PROVIDER] By: Name: Title: PROPERTY OWNER: [PROPERTY OWNER] By: Name: Title: 7 Board of Commissioners - February 3, 2025 ITEM: 6 - 4 - 38 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY [To be inserted] A-1 Board of Commissioners - February 3, 2025 ITEM: 6 - 4 - 39 10:4:11:311M:3 QUALIFIED IMPROVEMENTS [To be inserted] B-1 Board of Commissioners - February 3, 2025 ITEM: 6 - 4 - 40 1*:4.11:311go FORM OF NOTICE OF C-PACE ASSESSMENT AND C-PACE LIEN [To be inserted] C-1 Board of Commissioners - February 3, 2025 ITEM: 6 - 4 - 41 1*:4.11:3118C ASSESSMENT SCHEDULE Perio d Bill date Delinqu ent After Date Payment Interest Principal Principal Remainin g Annual Collecti on Costs" Total Payment Due D-1 Board of Commissioners - February 3, 2025 ITEM: 6 - 4 - 42 1WIM111.10891 FORM OF ASSIGNMENT OF C-PACE LIEN [To be inserted] E-1 Board of Commissioners - February 3, 2025 ITEM: 6 - 4 - 43 DRAFT January 2025 Prepared by and return to: STATE OF NORTH CAROLINA COUNTY OF [ I NOTICE OF C-PACE ASSESSMENT AND C-PACE LIEN GRANTEE: [CITY/COUNTY OF ]2, NORTH CAROLINA GRANTOR: [PROPERTY OWNER] NOTICE IS HEREBY GIVEN that pursuant to Article 1 OB of Chapter 160A of the General Statutes of North Carolina, as amended, the [City/County of , North Carolina (the "Grantee"), at the request of the property owner named below (the "Grantor"), is placing a C-PACE Lien on the property described in Exhibit A to the Assessment Agreement attached hereto. In support of this C-PACE Lien, the following information is submitted: 1. THE ASSESSMENT LIEN GRANTEE [CITY/COUNTY] ' NTD: Insert name of county in which the Property is located. 2 NTD: Insert either (a) the name of the city, town, or village imposing the C-PACE Assessment, or (b) the name of the county imposing the C-PACE Assessment. Board of Commissioners - February 3, 2025 ITEM: 6 - 4 - 44 2. EFFECTIVE DATE OF THE ASSESSMENT [INSERT] AGREEMENT IMPOSING THE C-PACE ASSESSMENT AND C-PACE LIEN ON THE PROPERTY 3. THE PROPERTY OWNER(S) GRANTING [INSERT] THE IMPOSITION OF THE C-PACE ASSESSMENT AND C-PACE LIEN 4. THE PROPERTY AGAINST WHICH THE [INSERT] ASSESSMENT AND C-PACE LIEN IS PLACED IS LOCATED AT THE FOLLOWING ADDRESS: 5. LEGAL DESCRIPTION OF THE AS DESCRIBED IN EXHIBIT A ATTACHED PROPERTY IS AS FOLLOWS HERETO. 6. PARCEL ID NUMBER(S) OF THE [INSERT] PROPERTY 7. PRINCIPAL AMOUNT OF ASSESSMENT [INSERT] SECURED BY C-PACE LIEN 8. TERMS AND LENGTH OF ASSESSMENT SEE SUMMARY OF ASSESSMENT SECURED BY C-PACE LIEN AGREEMENT ATTACHED HERETO AS EXHIBIT B [Remainder of page intentionally left blank] Board of Commissioners - February 3, 2025 ITEM: 6 - 4 - 45 IN WITNESS WHEREOF, Grantee and Grantor have caused this Notice of C-PACE Assessment and C-PACE Lien to be executed in their respective names by their duly authorized representatives, all as of the date first above written. GRANTEE: [City/County of ], North Carolina By: Name: Title: [SEAL] ATTEST: Clerk STATE OF NORTH CAROLINA COUNTY OF I, , a Notary Public of said State and County, do hereby certify that personally came before me this day and acknowledged that he/she is the and Clerk, respectively, of the [City/County of ], North Carolina, and that by authority duly given and as the act of the [City/County of ], the foregoing instrument was signed in the [City's/County's] name by sealed with its corporate seal and attested by such Clerk. Witness my hand and official seal this day of , 20 My commission expires: Notary Public Board of Commissioners - February 3, 2025 ITEM: 6 - 4 - 46 IN WITNESS WHEREOF, Grantee and Grantor have caused this Notice of C-PACE Assessment and C-PACE Lien to be executed in their respective names by their duly authorized representatives, all as of the date first above written. GRANTOR: [PROPERTY OWNER] By: Name: Title: STATE OF NORTH CAROLINA COUNTY OF I, , a Notary Public of said State and County, do hereby certify that personally came before me this day and acknowledged that he/she is the , of [Property Owner], a [type of entity], and that by authority duly given and as the act of the [Property Owner], the foregoing instrument was signed in the [Property Owner's] name by [him/her] as its Witness my hand and official seal this day of , 20 My commission expires: Notary Public Board of Commissioners - February 3, 2025 ITEM: 6 - 4 - 47 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY [Attached] Board of Commissioners - February 3, 2025 ITEM: 6 - 4 - 48 EXHIBIT B SUMMARY OF ASSESSMENT AGREEMENT TERMS' [Attached] ' NTD: Insert (a) terms and length of C-PACE Assessment, and (b) amortization schedule for repayment of C- PACE Assessment. Board of Commissioners - February 3, 2025 ITEM: 6 - 4 - 49 DRAFT January 2025 Prepared by and return to: STATE OF NORTH CAROLINA COUNTY OF [] 1 ASSIGNMENT OF C-PACE LIEN AND ASSIGNMENT OF ASSESSMENT AGREEMENT This ASSIGNMENT OF C-PACE LIEN (this "Assignment") is dated as of [MONTH] 20_ by [City/County of ], North Carolina ("Assignor"), to [CAPITAL PROVIDER] ("Assignee"). For value received, Assignor hereby grants, assigns and transfers to Assignee, without recourse or warranty of any kind, express or implied, all of Assignor's right, title and interest to and under the lien created by that certain Notice of C-PACE Assessment and C-PACE Lien, dated as of [ J, 20_, by [ ] ("Property Owner") and Assignor, recorded on [ ], 20_ at Book [_], Page [ ] in the Office of the Register of Deeds of []2 County, North Carolina (the "Notice of Assessment") and the Assessment Agreement dated as of [ ], 20 1, by and among the Property Owner, Assignor, Economic Development Partnership of North Carolina, Inc., as administrator, and Assignee and attached to such Notice of Assessment, together with the obligations secured by the C-PACE Lien and all other instruments, documents and certificates executed in connection therewith. Assignee hereby accepts all of Assignor's right, title and interest to and under the Assessment Agreement and the lien created by the Notice of Assessment, together with the obligations secured by the C-PACE Lien and all other instruments, documents and certificates executed in connection therewith. Consistent with N.C. Gen. Stat. § 160A-239.16(b), by accepting this Assignment, Assignee agrees for the benefit of Assignor that Assignee shall be solely responsible for enforcing the obligation of Property Owner to pay the Assessment described in the Assessment Agreement, including pursuing a foreclosure of the C-PACE Lien in accordance with N.C. Gen. Stat. § 160A-239.16(d). Assignor shall have no right or obligation to pursue such foreclosure on behalf of Assignee, or to otherwise participate in such foreclosure, except to the extent that any action on the part of Assignor or any official of Assignor is required in order to allow ' NTD: Insert name of county in which property is located. 2 NTD: Insert name of county in which property is located. Board of Commissioners - February 3, 2025 ITEM: 6 - 4 - 50 Assignee to prosecute or effectuate the foreclosure under N.C. Gen. Stat. § 160A-239.16(d), or to ratify or confirm any action of Assignee taken in furtherance of the foregoing. Signatures appear on following page Error! Unknown document property name. Board of Commissioners - February 3, 2025 ITEM: 6 - 4 - 51 IN WITNESS WHEREOF, Assignor and Assignee have executed this Assignment as of the day and year first above written. ASSIGNOR: [City/County of ], North Carolina By: Name: Title: [SEAL] ATTEST: Clerk STATE OF NORTH CAROLINA COUNTY OF I, , a Notary Public of said State and County, do hereby certify that personally came before me this day and acknowledged that he/she is the and Clerk, respectively, of the [City/County of ], North Carolina, and that by authority duly given and as the act of the [City/ County of ], the foregoing instrument was signed in the [City's/County's] name by , sealed with its corporate seal and attested by such Clerk. Witness my hand and official seal this day of , 20_ Notary Public My commission expires: Error! Unknown document property name. Board of Commissioners - February 3, 2025 ITEM: 6 - 4 - 52 IN WITNESS WHEREOF, Assignor and Assignee have executed this Assignment as of the day and year first above written. ASSIGNEE: [CAPITAL PROVIDER] Title: STATE OF COUNTY OF I, , a Notary Public of said State and County, do hereby certify that personally came before me this day and acknowledged that he/she is the , of [Capital Provider], and that by authority duly given and as the act of the [Capital Provider], the foregoing instrument was signed in the [Capital Provider's] name by [him/her] as its Witness my hand and official seal this day of , 20_ Notary Public My commission expires: Error! Unknown document property name. Board of Commissioners - February 3, 2025 ITEM: 6 - 4 - 53 EXHIBIT A LEGAL DESCRIPTION [INSERT] Board of Commissioners - February 3, 2025 ITEM: 6 - 4 - 54 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 2/3/2025 Regular DEPARTMENT: Planning PRESENTER(S): Tom Gale, Vice Chair Workforce Housing Advisory Committee CONTACT(S): Katia Boykin, NHC Community Planning Supervisor; Rebekah Roth, NHC Planning & Land Use Director SU BJ ECT: New Hanover County / City of Wilmington Workforce Housing Advisory Committee Annual Update BRIEF SUMMARY: The Workforce Housing Advisory Committee (WHAC) is a joint committee between New Hanover County and the City of Wilmington, consisting of six members appointed by the NHC Board of Commissioners, six members appointed by the Wilmington City Council, and one representative from the joint City -County Community Relations Advisory Committee. Established in 2019, WHAC's primary objectives include conducting a comprehensive workforce housing study, facilitating a workforce housing opinion survey, launching a public awareness campaign, advocating for increased access to affordable workforce housing, presenting findings to the appointing authorities and other organizations, and providing advisory recommendations as needed. WHAC also prepares an annual written report or presentation. The purpose of this presentation is to deliver the committee's annual report to the Board of Commissioners and City Council, including recommendations aimed at increasing the supply of and equitable access to affordable workforce housing in the community. STRATEGIC PLAN ALIGNMENT: • Sustainable Land Use & Environmental Stewardship o Through planned growth and development, residents have access to their basic need ■ Connect residents to basic needs through a variety of housing and transportation options. RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear presentation and provide feedback. ATTACHMENTS: 2025 WHAC Annual Report WHAC Presentation Board of Commissioners - February 3, 2025 ITEM: 7 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Hear presentation. COMMISSIONERS' ACTIONS: Received report provided feedback 5-0. Board of Commissioners - February 3, 2025 ITEM: 7 Workforce Housing Advisory Committee LOUN'Y.H O o I 2 a2 GTON �'C1RI'H (_AIM)I IAA Board of Commissioners - February 3, 2025 ITEM: 7 - 1 - 1 MESSAGE FROM THE COMMITTEE In 2019, the City of Wilmington and New Hanover County established the Workforce Housing Advisory Committee to identify strategies for enhancing and expanding workforce housing in the community. Our responsibilities include launching a public awareness campaign, creating a long-term work plan, and advising the governing boards on projects that support workforce housing in both the city and county. The committee has previously made recommendations on funding, policies, legislation, housing diversity, programs, and education. These recommendations have been the result of thoughtful collaboration among members, all of whom recognize that addressing local housing needs requires substantial investment and a comprehensive approach. It is a great honor to serve the city, county, and community in housing affordability, a cause we are deeply passionate about. Committee Members Tom Gale, Chair Paul Stavovy, Vice -Chair Sharmonique Brantley Roger Gins Chad Hill Krysti Keser Eric Knight Katrina Knight Morgan Moskal Marshall Pickett McKay Siegel Antrevonn Tate Jody Wainio The housing crisis is a complex issue that requires a multifaceted approach. Therefore, the Workforce Housing Advisory Committee (WHAC) developed a strategic plan to guide recommendations and the committee's work plan. This plan has two primary goals: Balancing housing costs with wages and increasing housing diversity. Furthermore, the plan defines strategic objectives, desired outcomes, and performance measures to guide its implementation. 2024 Accomplishments The City of Wilmington and New Hanover County achieved significant workforce and affordable housing milestones in 2024. The chart below highlights projects currently in production that utilized density incentives and/or local funding to create affordable housing over the past year. Supporting Jurisdiction City Name of Residence The Willows Total Number of Units Affordable Units 225 23 Affordable Unit Term Length 15 years City The Sparrow 32 32 30 years City Summerwalk Phase 2 178 20 15 years City Cape Landing 60 60 In perpetuity City and County Avenue Flats 184 184 30 years County Haven Place 6 6 20 years County Pierson Pointe 48 48 20 years 313 units *Data obtained from the City of Wilmington Housing and Neighborhood Services Division and the New Hanover County Workforce Housing Services Program. In 2022, New Hanover County and the City of Wilmington published an updated Housing Needs Assessment, building on the 2020 report. The new assessment reveals a continued housing shortage projected in the county, showing a need for 12,147 rental units over the next 10 years, up from 10,776 in 2020. The gap for for -sale units also increased, rising to 16,875 units from 13,017 in 2020. In the last five years, the Area Median Income (AMI) in New Hanover County has risen 50%. On its face this sounds positive, but a combination of rising home prices and rising AMI indicates the displacement of lower and middle income households, not economic improvement. The data tell this in a number of ways, including the fact that only 53% of our county's workforce lives in New Hanover County, which translates to 52,000 daily commuters contributing to road congestion among other challenges. Households moving to our county earn more on average than those moving away, another indicator that our workforce is suffering as a result of our high cost of living, and as a result so are our local businesses and employers. Housing gaps affect all income levels, and future efforts should aim to address the widespread demand. An updated Housing Needs Assessment is expected to be released in 2025. Board of Commissioners - February 3, 2025 ITEM: 7 - 1 - 3 WHAT HAS BEEN ACCOMPLISHED City of Wilmington (FY 23-24) 189641 287* Individuals Served Units Committed by City Programs Through City Zoning *Unit commitment timeframes vary Workforce Housing Advisory Committee New Hanover County (Jan 2023 - Dec 2024) 381) ( 138* Households Made Units Committed Affordable by Housing Services &GAP Rental Through NHC Zoning Assistance Programs *Unit commitment timeframes vary City Demographics of People Served Gap Rental Assistance Employee Industries Black Skilled Trade/Construction Finance/ Legal/Admin 7% 23% White ` m m Refused/ Other Hospitality/Retail \ 2+ Races ■ 11 % \ Asian I American Native I Education, `Health Care Pacific Islander 10 % 20 0 000 000 000 000 000 000 000 Government/ Nonprofit `'' 1. 19 THE NEED THAT STILL EXISTS 2 902* Annual Gap 877 * Remaining Gap Rental and For Sale Gap *Reflects data from 2022 Housing Needs * There were 2,025 New Residential Assessment Construction Permits Issued from Jan 2024 through Dec 2024 53% % of Renters 23% % of Homeowners Housing Cost Burdened Housing Cost Burdened INC Housing Coalition INC Housing Coalition Fair Market Rents (HUD Fair Market Rent Documentation System) FY 2025 AvChangeCost FY 2024 Averageeost FY 2023 2 Bedroom Unit $1,580 +$65 $1,515 +$256 $1,259 3 Bedroom Unit $2,087 +$85 $2,002 +$333 $1,669 2024 Median Sold Home Price - $446,500 (Cape Fear Realtors, November Snapshot) Board of Commissioners - February 3, 2025 ITEM: 7 - 1 - 4 Update on 2024 Recommendations The committee's main charge is to inform and encourage both the city and the county to identify and implement innovative measures that create new affordable housing and that make existing housing more affordable to residents. The following outlines the progress made in each of the five recommendation areas from the 2024 Workforce Housing Advisory Committee Annual Report. The New Hanover Community Endowment has been convening a group of community partners including New Hanover County, the City of Wilmington, the Chamber of Commerce, and Cape Fear Housing Coalition to develop a long-term affordable housing funding strategy. New Hanover County offered $3 million in funding for the third year of the Workforce Housing Services Program, funding three housing affordability projects: Avenue Flats, Cape Fear Habitat for Humanity, and Pierson Pointe, totaling 238 for rent and sale affordable units. FUNDING The City of Wilmington supported Cape Fear Community Land Trust, the Home Ownership Pool (HOP) Program, HOP Rehabilitation Program, Owner -Occupied Housing Rehab Loan Program, and Rental Rehab Programs. The City invested $4 million in the Avenue Flats project, and awarded Good Shepherd Center $2.11 million in HOME - ARP funds for the production of 32 units of Permanent Supportive Housing. The City of Wilmington's policy to dedicate one cent of property tax value for affordable housing resulted in $2.3 million in FY25, supporting gap financing and loan programs to leverage federally funded programs. The City of Wilmington Planning Department continues to prioritize amending the Land Development Code to decrease barriers to affordability. POLICY Wilmington City Council adopted a strategic plan with one of the five key focus areas aiming to "Create a thriving, inclusive and affordable community of neighborhoods." The WHAC hosted a Developers' Roundtable in May of 2024 to gain insights on barriers to the development process. Board of Commissioners - February 3, 2025 ITEM: 7 - 1 - 5 DIVERSITY OF HOUSING SUPPLY New Hanover County has continued work on the "Last Frontier" water -sewer infrastructure project. Design work is complete and infrastructure is anticipated to be activated in early 2026. Through density incentives, the City of Wilmington approved the Willows, Summerwalk Phase 2, Avenue Flats, and Cape Landing Apartments, totaling 287 affordable units. The City of Wilmington administers a HUD Certified Housing Counseling Program, and in FY25, served 240 individuals attending group workshops and 96 individuals participating in one-on-one housing counseling sessions. PROGRAMS New Hanover County's Gap Rental Assistance Pilot Project has provided help to 125 households, benefiting a total of 252 residents. Additionally, the Teachers Housing Assistance Program has supported 18 families and received recognition from the National Association of Counties for its innovative approach to combining housing support with educational strategies. The New Hanover County Planning and Land Use Department hired a consultant to conduct an updated Housing Needs Assessment to inform housing policy recommendations and the Comprehensive Plan update. EDUCATION The City of Wilmington is launching Wilmington 101, which will include a session on Housing and Neighborhood Services and Planning & Zoning. New Hanover County's Workforce Housing Program published an Impact Report in January 2025, which included details and data on each of their programs. Board of Commissioners - February 3, 2025 ITEM: 7 - 1 - 6 2025 RECOMMENDATIONS Safe and affordable housing is the cornerstone for both individual well-being and the success of an entire community. The recommendations outlined below aim to build on existing successful programs implemented by the City of Wilmington and New Hanover County while also suggesting new and innovative approaches to make housing more affordable. Recommendations not addressed from 2024 are relisted here as continued goals. FUNDING POLICY 2024 Develop a housing fund in partnership with the New Hanover Community Endowment leveraging local, federal, and private sources to diverse initiatives such as land acquisition and donation, rolling gap financing, and pre - development costs can be supported. 2024 Include the NC Housing Coalition's annual legislative agenda as part of City and County legislative work, focusing on efforts to restore and increase the state Housing Trust Fund. 2025 Commit to the continuation of the NHC Workforce Housing Services Program with an annual budget appropriation of no less than $5 million annually beginning in 2027 before the end of the initial 5-year, $15 million commitment. 2025 Require Source of Income protections for rental projects that receive funding support and/or rezoning approval from the City or County. Reduce parking restrictions and allow outside parking analysis on a project -by -project basis; offer parking reductions in exchange for a commitment to a percentage of affordable units. Board of Commissioners - February 3, 2025 ITEM: 7 - 1 - 7 DIVERSITY OF HOUSING SUPPLY PROGRAMS 2024 Hold a joint City -County elected board roundtable discussion with both PlanningBoards and the development community to brainstorm strategies to remove barriers that preclude housing diversity and affordability in residential projects. 2024 Continue funding successful housing stability programs that originated in federal relief packages with local dollars, such as the ARP -funded workforce gap rental assistance program. 2025 Further decrease lot size required for duplexes, triplexes, and quadruplexes to encourage infill development, particularly in the greater downtown area; use GIS to identify infill lots prime for upzoning. Utilize the Land Trust model to increase economic diversity in neighborhoods. Increase funding and land allocations to developers and organizations building multifamily and/or supportive housing for households exiting homelessness. 2025 Expand the City's successful Homeownership Pool (HOP) Program to the entirety of New Hanover County. Ensure all eligible homeowners are informed about the Tax Relief program and utilize existing County resources to assist with applications. Invest in a full time staff member to offer tenant and landlord education and to investigate Fair Housing complaints. Board of Commissioners - February 3, 2025 ITEM: 7 - 1 - 8 2024 2025 Develop a housing landing page dedicated to local affordable housing services and issues. Encourage each City Council and Hold a one -day Affordable Housing EDUCATION County Commission member to Summit as a collaborative effort attend at least one WHAC between the County, City, WHAC, meeting each year. builders, developers, the New Hanover Community Endowment, Launch an education campaign and Cape Fear Housing Coalition. to inform residents about affordable housing services and issues. Investments from New Hanover County and City of Wilmington have made projects such as Haven Place, Canopy Pointe, and Estrella Landing possible. Board of Commissioners - February 3, 2025 ITEM: 7 - 1 - 9 Appendix Board of Commissioners - February 3, 2025 ITEM: 7 - 1 - 10 NORTH CAROLINA 00 HOUSING C 0 A L I T 1 0 N 2025-2026 POLICY AGENDA During the 2025 and 2026 NC Legislative Sessions, the Coalition will focus advocacy on five key areas. Funding for Housing Increase housing investments to meet the scale of the need Disaster Recovery Meet immediate recovery needs and prepare for future disasters Statewide Coordination Strengthen our state housing infrastructure and improve coordination Protection for Renters and Homeowners Improve access to quality, affordable housing and prevent displacement Land Use and Development Inform local policies and support equitable land use reform Policy Platform Four core priorities inform our policy agenda for each legislative session. Advocate for reliable, dedicated, and coordinated public resources that meet the scale of the housing need. Support housing policies and resources that keep families in their homes and allows communities to thrive. Promote equitable access to housing and opportunity that reckons with our long history of racist housing policies and practices. Ensure that local policies facilitate an adequate supply of quality housing accessible across a community's income spectrum. Board of Commissioners - February 3, 2025 NCHOUSING.ORG ITEM: 7 - 1 - 11 CITY OF ILA TON NORTH CAROLINA FSTA S DRAFT Workforce Housing Advisory Committee 2024 Annual Report Tom Gale, Chair February 2025 Workforce Housing Advisory Committee Board of Commissioners - February 3, 2025 ITEM: 7 - 2 - 1 Joint City -County Workforce Housing Advisory Committee • Tom Gale, Chair • Paul Stavovy, Vice -Chair • Sharmonique Brantley • Roger Gins • Chad Hill • Krysti Keser • Eric Knight • Katrina Knight • Morgan Moskal • Marshall Pickett • McKay Siegel • Antrevonn Tate • body Wainio Workforce Housing Advisory Committee Board of Commissioners - February 3, 2025 ITEM: 7 - 2 - 2 DESIRED OUTCOMES Programs and Policies fill the gaps Existing affordable housing is Diverse housing types are Land Use Policy Reform and New housing includes a to housing affordability and maintained and supports diverse included in existing Investments to Reduce Barriers diversity of type and cost increase self-sufficiency housing needs communities Number of workforce* Number of new affordable units Numberof households served by Numberof housing units Total new housing units built housing units built in developed with incentives program, tenure, and income improved or rehabilitated by type and cost existing communities Workforce,, Housing Advisory Committee Board of Commissioners - February 3, 2025 ITEM: 7 - 2 - 3 WHAT HAS BEEN ACCOMPLISHED City of Wilmington (FY 23-24) 18,641 Individuals Served by City Programs (!287* Units Committed Through City Zoning *Unit commitment timeframes vary City Demographics of People Served Black White Refused/ Other 2+ Races Asian American Native Pacific Islander 0 000 000 000 000 000 000 000 New Hanover County (Jan 2023 - Dec 2024) 381 (138*) Households Made Units Committed Affordable by Housing Services GAP Rental Through NHC Zoning Assistance Programs *Unit commitment timeframes vary Gap Rental Assistance Employee Industries Skilled Trade/Construction Finance/Legal/Admin 7% 23% Hospitality/Ret, 11% -% Educa 100, Government/ Nonprofit 19% `Health Care 20% Workforce,, Housing Advisory Committee Board of Commissioners - February 3, 2025 ITEM: 7 - 2 - 4 THE NEED THAT STILL EXISTS U9O229* AnnualGap 877* Rental and For Sale Gap *Reflects data from 2022 Housing Needs Assessment 53 /° % of Renters Housing Cost Burdened n230%/o *NC Housing Coalition Remaining Gap * There were 2,025 New Residential Construction Permits Issued from Jan 2024 through Dec 2024 % of Homeowners Housing Cost Burdened *NC Housing Coalition MMI& Fair Market Rents (HUD Fair Market Rent Documentation System) FY 2025 AverageCost Change2 FY 2024 Average st FY 2023 Bedroom Unit $1,580 +$65 $1,515 +$256 $1,259 3 Bedroom Unit 2024 Median $2,087 Sold Home +$85 Price - $446,500 $2,002 (Cape Fear Realtors, +$333 November $1,669 Snapshot) Workforce Housing Advisory CommitteeT°" Board of Commissioners - February 3, 2025 ITEM: 7 - 2 - 5 si DuDrkg Busing ivisory mmittee N Board of Commissioners - February 3, 2025 ITEM: 7 - 2 - 6 Recommendations: Funding 2024 Develop a housing fund in partnership with the New Hanover Community Endowment leveraging local, federal, and private sources to diverse initiatives such as land acquisition and donation, rolling gap financing, and pre - development costs can be supported. 2025 Commit to the continuation of the NHC Workforce Housing Services Program with an annual budget appropriation of no less than 5 million annually beginning in 2027 before the end of the initial 5-gear, 15 million commitment. Workforce Housing Advisory Committee Wf� Board of Commissioners - February 3, 2025 ITEM: 7 - 2 - 7 Recommendations: Policies& Legislation 2024 Include the NC Housing Coalition's annual legislative agenda as part of City and County legislative work, focusing on efforts to restore and increase the state Housing Trust Fund. 2025 Require source of Income protections for rental projects that receive funding support and/or rezoning approval from the City or County. Reduce parking restrictions and allow outside parking analysis on a project -by -project basis; offer parking reductions in exchange for a commitment to a percentage of affordable units. Workforce Housing Advisory Committee Wf� Board of Commissioners - February 3, 2025 ITEM: 7 - 2 - 8 Recommendations: Diversity of Housing Supply 2024 I 2025 Hold a joint City -County elected board roundtable discussion with both PlanningBoards and the development community to brainstorm strategies to remove barriers that preclude housing diversity and affordability in residential projects. Further decrease lot size required for duplexes, triplexes, and quadruplexes to encourage infill development, particularly in the greater downtown area; use GIS to identify infill lots prime for upzoning. Utilize the Land Trust model to increase economic diversity in neighborhoods. Increase funding and land allocations to developers and organizations building multifamily and/or supportive housing for households exiting homelessness. Workforce Housing Advisory Committee Wf� Board of Commissioners - February 3, 2025 ITEM: 7 - 2 - 9 Recommendations: Programs 2024 Continue funding successful housing stability programs that originated in federal relief packages with local dollars, such as the ARP -funded workforce gap rental assistance program. 2025 Expand the City's successful Homeownership Pool (HOP) Program to the entirety of New Hanover County. Ensure all eligible homeowners are informed about the Tax Relief program and utilize existing County resources to assist with applications. Invest in a full time staff member to offer tenant and landlord education and to investigate Fair Housing complaints. Workforce Housing Advisory CommitteeT°" Board of Commissioners - February 3, 2025 ITEM: 7 - 2 - 10 Recommendations: Education 2024 Develop a housing landing page dedicated to local affordable housing services and issues. Encourage each City Council and County Commission member to attend at least one WHAC meeting each year. Launch an education campaign to inform residents about affordable housing services and issues. 2025 Hold a one -day Affordable Housing Summit as a collaborative effort between the County, City, 1HAC, builders, developers, the New Hanover Community Endowment, and Cape Fear Housing Coalition. Workforce Housing Advisory CommitteeT°" Board of Commissioners - February 3, 2025 ITEM: 7 - 2 - 11 ven Place Home Neic h ornood Investments from New Hanover County and City of Wilmington ton have made projects such as Haven Place, Canopy Pointe, and Estrella Landing possible. Workforce Housing Advisory Committee W40400 Board of Commissioners - February 3, 2025 ITEM: 7 - 2 - 12 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 2/3/2025 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: Quasi Judicial Hearing Please note: At the January 30, 2025, agenda review meeting, the Board of Commissioners unanimously approved the applicant's request to continue the following quasi-judicial hearings to their April 7, 2025, regular meeting. Special Use Permit (524-04) - Multi -Family in B-2 - Request by Bayshore Townhomes, LLC, applicant, on behalf of Bee Safe Porters Neck, LLC, property owners, for a special use permit for a 62 unit multi -family development with 1,800 square feet of of commercial space in a B-2, Regional Business district on a 3.21-acre parcel of land located at 8138 Market Street. Special Use Permit (S24-05) - Additional Dwelling Allowance - Request by Bayshore Townhomes, LLC, applicant, on behalf of Herbert Parham, property owner, for a special use permit for an Additional Dwelling Allowance for 242 row -style dwelling units in an R-15, Residential district on a 30.22-acre parcel of land located at the 8100 block of Market Street. BRIEF SUMMARY: In December 2023 and January 2024, the Board of Commissioners held public hearings regarding rezoning request Z23- 21, which sought to rezone 33.54 acres at 8138 Market Street from B-2 and R-15 to (CZD) RMF-M for the development of 348 row -style dwellings. The applicants withdrew the rezoning request during the January 8 meeting, leaving the existing B-2 and R-15 zoning in place. These zoning designations allow various uses by right or with special use permits, avoiding the need for rezoning. The applicant has submitted two special use permits (SUP) for a mixed use development that encompasses a combined 304 residential units and 1,800 square feet of commercial space over five parcels in the Porters Neck area. For the B-2 portion of the property (3.21 acres), they request an SU P for multi -family dwellings, proposing 62 units and 1,800 square feet of commercial space. The plan includes a mixed -use building fronting Market Street, combining commercial space on the ground floor with residential units above, as well as a second building solely for residential use. Residential development in the B-2 district requires a mixed -use component with pedestrian infrastructure and other requirements. For the R-15 portion (30.22 acres), the applicants seek an SUP for an Additional Dwelling Allowance to increase the residential density to 8.37 units per acre, enabling 242 row -style dwellings. The site plan features an amenity center and residential blocks with two-story end units having driveways and no garages, and three-story middle units with ground -floor garages. Requirements for Additional Dwelling Allowances include density maximums, open space, stormwater, access, and proximity to higher -density areas. Due to the interdependence of the two proposals, the applicants have conditioned the development on the approval Board of Commissioners - February 3, 2025 ITEM: 8 of both SU Ps. Staff consolidated the projects into one report, with supplemental appendices containing draft Findings of Fact for each case to be presented to the Board of Commissioners ahead of their February 3 meeting. U nder the current B-2 and R-15 zoning, the site is estimated to generate approximately 106 AM and 219 PM peak hour trips. Combined, the sites are estimated to generate approximately 124 AM and 174 PM peak hour trips resulting in an increase of 71 AM trips and decrease in 45 PM trips compared to current zoning. The site is over 100 peak hour threshold that requires a Traffic Impact Analysis (TIA). The full TIA can be viewed online here. The 2016 Comprehensive Plan designates the B-2 portion of the property as Urban Mixed Use and the R-15 portion as General Residential. Because of the general nature of place type borders, sites located in proximity to the boundaries between place types could be appropriately developed with either place type, allowing site -specific features and evolving development patterns in the surrounding area to be considered. Urban Mixed Use encourages a blend of residential, office, and retail uses at higher densities, supporting diverse development such as mixed -use buildings, small-scale commercial, institutional, and multi -family or single-family housing. In contrast, the General Residential classification emphasizes lower -density housing, primarily single-family homes or duplexes, with limited commercial uses focused on strategically placed office and retail spaces. It also promotes recreational and school facilities as integral components of these neighborhoods. The Planning Board held a preliminary forum on Thursday, January 9. The purpose of the preliminary forum is for the Planning Board, public, and applicant to discuss the request before it moves to the Board of Commissioners for a quasi-judicial hearing. The preliminary forum is not a public hearing, and the Planning Board does not make a recommendation on special use permits. As a quasi-judicial hearing there are four principal conclusions the Board of Commissioners must make when considering a special use permit request based on clear, substantial evidence presented at the hearing: 1. Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Unified Development Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; 4. Will be in harmony with the area in which it is located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Planning staff and the Planning Board do not make recommendations on special use permit requests. While the two requests are interrelated, because each request is for a different type of special use permit the Board will need to make two separate motions. Please refer to the script for options on the language for each motion. ATTACHMENTS: S24-04 & 05 BOC Script Board of Commissioners - February 3, 2025 ITEM: 8 S24-04 & 05 BOC Staff Report S24-04 Supplemental Appendix - Multi -Family in B-2 S24-05 Supplemental Appendix -Additional Dwelling Allowance S24-04 & 05 Zoning Map S24-04 & 05 Future Land Use Map S24-04 & 05 Mailout Map S24-04 & 05 Application Co\er Sheet S24-04 & 05 Application S24-04 & 05 SUP Narrati\e S24-04 & 05 Building Elevations S24-04 & 05 TA Executi\e Summary S24-04 & 05 TA Approval Letter S24-04 & 05 Wetland Determination S24-04 & 05 Site Plan Co\,er Sheet S24-04 & 05 Site Plans S24-04 & 05 Additional Items Submitted by Parties COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) The board's decision to approve or deny an application for a Special Use Permit should be based solely on the competent and material evidence presented during the public hearing. COMMISSIONERS' ACTIONS: At the January 30, 2025, agenda review meeting, the Board of Commissioners unanimously approved the applicant's request to continue the the quasi-judicial hearings to their April 7, 2025, regular meeting Board of Commissioners - February 3, 2025 ITEM: 8 SCRIPT for SPECIAL USE PERMIT Application (S24-04 & 05) Request by Bayshore Townhomes, LLC, applicant, on behalf of Bee Safe Porters Neck, LLC, property owners, for a special use permit for a 62 unit multi -family development with 1,800 of commercial space in a B-2, Regional Business district on a 3.21-acre parcel of land located at 8138 Market Street. Request by Bayshore Townhomes, LLC, applicant, on behalf of Herbert Parham, property owner, for a special use permit for an Additional Dwelling Allowance for 242 row -style dwelling units in a R-15, Residential district on a 30.22-acre parcel of land located at the 8100 block of Market Street. 1. This is a quasi-judicial hearing. Before the hearing is opened, the Deputy County Attorney will provide an overview of the hearing procedures. 2. Deputy County Attorney Overview 3. Because the Special Use Permit process requires a quasi-judicial hearing, any person wishing to testify must be sworn in. All persons who signed in to speak and wish to present competent and material testimony please step forward to be sworn in. Thank you. 4. We will first hear a presentation from staff. Then the applicant and any opponents will each be allowed 30 minutes for their presentation and an additional 10 minutes for rebuttal. 5. Conduct hearing, as follows: a. Staff presentation b. Applicant' s presentation (up to 30 minutes) c. Opponent's presentation (up to 30 minutes) d. Applicant's cross examination/rebuttal (up to 10 minutes) e. Opponent's cross examination/rebuttal (up to 10 minutes) 6. Close the hearing 7. Board discussion 8. Ask Applicant whether he/she agrees with staff findings. 9. Vote on the Special Use Permit applications. (Because there are two different Special Use Permit requests the board will need vote on each item individually.) S24-04 — Multi -Family Dwellings in a B-2 District Example Motion for Approval: Motion to approve the permit as the Board finds that this application for a Special Use Permit meets the four required conclusions based on the findings of fact included in the Staff Report and additional evidence presented at the public hearing. ❑ Approval is subject to the applicant signing an agreement acknowledging the applicant's consent to all of the following conditions agreed to by the applicant. If the applicant does not provide a signed agreement within seven (7) business days from the date of approval, then the special use permit is considered denied. (please read conditions into the record): 1. Any Special Use Permit ("SUP") pertaining to the subject site (area zoned B-2) shall not be effective without the approval of the separate SUP pertaining to the portion of the overall project currently zoned R-15. 2. Any property currently zoned 1-1 is not part of the SUP requests, but the SUP pertaining to the subject site shall not be valid without use of the land zoned 1-1 for vehicular, pedestrian, and utility / infrastructure connectivity to the portion of the overall site zoned R-15. 3. The property comprising of the overall project will be combined under common ownership, and the project thereafter will be master planned and developed as such pursuant to the provisions of the subject SUPS. The combined property shall be subjected to the provisions of covenants and restrictions consistent with the conditions imposed by either SUP within the land's respective zoning. 4. Prior to construction, plans for the project shall clearly identify all access, utility, and stormwater easements between the subject site and through those portions of the property currently zoned 1-1 and R-15. 5. Areas of buffer and open space outside of essential site improvements and easements will preserve existing trees that are not dead, dying, or otherwise hazardous. 6. Buildings will be a maximum of three stories and a maximum of 50 feet in height in the B-2 parcels. ❑ OPTIONAL (if additional conditions have been identified that will bring the proposal in line with the required conclusions.) Example Motion for Denial: ❑ Motion to deny the permit because the Board finds (choose all that apply): ❑ a. That the use WILL materially endanger the public health or safety if located where proposed (for the following reason(s)): b. That the use DOES NOT meet all required condition and specifications (for the following reason(s)): c. That the use WILL substantially injure the value of adjoining or abutting property, or that the use is NOT a public necessity (for the following reason(s)): d. That the location and character of the use if developed according to the plan as submitted and approved WILL NOT be in harmony with the area in which it is to be located and WILL NOT be in general conformity with the Comprehensive Land Use Plan for New Hanover County (for the following reason(s)): S24-05 — Additional Dwelling Allowance in a R-15 District Example Motion for Approval: Motion to approve the permit as the Board finds that this application for a Special Use Permit meets the four required conclusions based on the findings of fact included in the Staff Report and additional evidence presented at the public hearing. ❑ Approval is subject to the applicant signing an agreement acknowledging the applicant's consent to all of the following conditions agreed to by the applicant. If the applicant does not provide a signed agreement within seven (7) business days from the date of approval, then the special use permit is considered denied. (please read conditions into the record): 1. Any Special Use Permit ("SUP") pertaining to the subject site (area zoned R-15) shall not be effective without the approval of the separate SUP pertaining to the portion of the overall project currently zoned B-2. 2. Any property currently zoned 1-1 is not part of the SUP requests, but the SUP pertaining to the subject site shall not be valid without the use of the land zoned 1-1 for vehicular, pedestrian, and utility / infrastructure connectivity to the portion of the overall project currently zoned B-2. 3. The property comprising of the overall project will be combined under common ownership, and the project thereafter will be master planned and developed as such pursuant to the provisions of the subject SUPS. The combined property shall be subjected to the provisions of covenants and restrictions consistent with the conditions imposed by either SUP within the land's respective zoning. 4. Prior to construction, plans for the project shall clearly identify all access, utility, and stormwater easements between the subject site and through those portions of the property currently zoned 1-1 and B-2. 5. Areas of buffer and open space outside of essential site improvements and easements will preserve existing trees that are not dead, dying, or otherwise hazardous. 6. Buildings will be a maximum of three stories and will not exceed 40 feet in height. 7. Access to and from Brays Drive shall be gated and restricted to emergency vehicles only. 8. Buffers between the project and adjacent residential neighborhoods shall exceed minimum requirements. Buffers vary in width. 9. Bicycle and pedestrian infrastructure shall be installed up to the property line where the project road connects to Brays Drive. 10. An overland relief path (swale) within a public drainage easement will be provided from the existing pond to the proposed outfall. Coordination with New Hanover County Engineering will be conducted during the stormwater permitting process for the project in order to determine the specific design of the relief path and easement. ❑ OPTIONAL (if additional conditions have been identified that will bring the proposal in line with the required conclusions.) Example Motion for Denial: Motion to deny the permit because the Board finds (choose all that apply): ❑ e. That the use WILL materially endanger the public health or safety if located where proposed (for the following reason(s)): ❑ f. That the use DOES NOT meet all required condition and specifications (for the following reason(s)): g. That the use WILL substantially injure the value of adjoining or abutting property, or that the use is NOT a public necessity (for the following reason(s)): h. That the location and character of the use if developed according to the plan as submitted and approved WILL NOT be in harmony with the area in which it is to be located and WILL NOT be in general conformity with the Comprehensive Land Use Plan for New Hanover County (for the following reason(s)): STAFF REPORT FOR S24-04 & S24-05 SPECIAL USE PERMIT APPLICATIONS APPLICATION SUMMARY Case Numbers: S24-04 and S24-05 Requests: S24-04 — Multi -Family in a B-2 District S24-05 — R-15 Additional Dwelling Allowance Applicant: Property Owner(s): Bayshore Townhomes, LLC Bee Safe Porters Neck, LLC and Herbert Parham Location: Acreage: 8138 Market Street and the 8100 block of 3.21 acres zoned B-2 Market Street 30.22 acres zoned R-15 33.43 total combined acres PID(s): Comp Plan Place Type: R03600-005-006-002, R03600-005-007-000, R03700-004-147-000, R03700-004-148-000, Urban Mixed Use and General Residential R03700-004-189-000 Existing Land Use: Proposed Land Uses: Vacant Office, Undeveloped Commercial Land, Maximum 1,800 square feet of Commercial and Forestry Maximum 62 Multi -Family Dwelling Units Maximum 242 Row -Style Dwelling Units Current Zoning: B-2, Regional Business and R-15, Residential ZONING k\ Project ZONING r` Shao Boundary 2�V��. 0 B-1 1 O 524-04 0�5�� apti� A om /0 Chit R-15 m F-1 R-20 .� �� 0 RMFL 524-05 NCZD ew Hanover S24-04 and S24-05 Staff Report — BOC 2-3-2025 Page 1 of 20 Board of Commissioners - February 3, 2025 ITEM: 8 - 2 - 1 SURROUNDING AREA LAND USE ZONING North Self -Storage, the Harris Teeter Shopping Center, and B-1, B-2, and R-15 Porters Pointe Subdivision Open Space East Single -Family Residential R-15 South Single -Family Residential R-15 Offices and Light Industrial directly adjacent. Porters West Neck Shopping Center (Walmart) and Medical Offices 1-1 and B-2 across Market Street vl� p v ter., r ae i h ily�illl I ZONING HISTORY June 6, 1971 Initially zoned R-15 (Area 5). December 2, B-2 portion rezoned for compatibility with an auto parts store in operation 1985 at the time (Z-249). In December 2023 and January 2024, the Board of Commissioners held public hearings for rezoning request Z23-21 to rezone 33.54 acres located at 8138 Market Street from B-2 and R-15 to (CZD) RMF-M, Residential Multi -Family — Moderate Density for 348 row -style dwellings. January 8, 2024 Following board discussion, the applicants withdrew their rezoning request - Withdrawn at the January 8, 2024, meeting. Since no action was taken by the board, the existing B-2 and R-15 zoning remained in place. Both districts allow a variety of uses by -right or with approval of a special use permit without the need to change zoning districts. S24-04 and S24-05 Staff Report — BOC 2-3-2025 Page 2 of 20 Board of Commissioners - February 3, 2025 ITEM: 8 - 2 - 2 COMMUNITY SERVICES Water/Sewer Public water available through CFPUA. Public sewer available through connection to an existing force main. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Porters Neck Station Schools Porters Neck Elementary, Holly Shelter Middle, and Laney High Schools Recreation Pages Creek Park Reserve and Ogden Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation The conservation resource map indicates a natural pond in the easternmost corner of the project area. The pond is below the size required to trigger additional requirements listed in Section 5.7 Conservation Resources. Historic No known historic resources Archaeological No known archaeological resources APPLICANT'S PROPOSED PLANS Combined Site Plans with Staff Markup S24-04 and S24-05 Staff Report — BOC 2-3-2025 Page 3 of 20 Board of Commissioners - February 3, 2025 ITEM: 8 - 2 - 3 • After withdrawing their rezoning request the applicants revised their previous plan. They have submitted two Special Use Permit applications for different development types allowed under the current zoning designations of the parcels: o The section outlined in Red (left) on the combined plans above is currently zoned B-2. The B-2 district allows residential dwelling units as part of a mixed -used development with approval of a special use permit. o The section outlined in Blue (right) is currently zoned R-15. The R-15 district allows increases to the base density of the district up to 10.2 dwelling units per acre for Additional Dwelling Allowances with approval of a special use permit. • The ordinance requirements for each type of special use permit are different, which requires the two separate special use permit applications. The applicant has proposed conditions that neither project could be developed without approval of both special use permits. • Due to the relationship between the two projects, staff have included both within one staff report. Separate supplemental appendices containing the draft Findings of Fact for each case are included as attachments. • Combined, the projects include a total of 1,800 square feet of commercial space and 304 dwelling units consisting of 62 multi -family units and 242 row -style dwellings. • Below is a chart outlining the proposed density of each special use permit and the overall density of the combined project: Project Acres Unit Count Density Multi -Family in a B-2 District 3.21 62 19.3 Additional Dwelling Allowance 30.22 242 8.37 [Combined 33.43 304 9.5 S24-04 and S24-05 Staff Report — BOC 2-3-2025 Page 4 of 20 Board of Commissioners - February 3, 2025 ITEM: 8 - 2 - 4 S24-04 — Multi -Family in a B-2 District Special Use Permit N i Multi -Family Multi -Family n � 1 35 4 34 FF � o I i ]t I BLDG 2 4` N L rD (D — — — — — r a ' ,5 '° Access Z 9 10 Specimen Trees to R-15 Commercial � Multi -Family in a 8-2 District Site Plan with Staff Markup • For the B-2 portion of the project the applicant is requesting a special use permit for the use of Mult-Family Dwellings in a B-2 District on 3.21 acres. • Section 4.3.2.A.2.B.1 of the Unified Development Ordinance (UDO) states multi -family dwellings in the B-2 district 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. • The applicant's site plan includes 62 multi -family units and 1,800 square feet of commercial space. The building fronting Market Street is proposed as a mixed -use building with commercial space facing Market Street and multi -family dwellings above. The second building is proposed as multi -family units. • The density of the B-2 portion of the project is 19.3 dwelling units per acre. The UDO does not set a prescribed or maximum residential density for mixed -use developments. • The applicant's project narrative caps the total unit count at 62 but would allow the site to be reconfigured with three buildings instead of two. If approved as part of the special use permit, that change would be allowed administratively by staff. • Multi -family developments in the B-2 district are required to include a mixed -use component that is limited to only uses permitted in the B-1 district. While the TIA analyzed the project as a retail use, other land uses in the B-1 district would be allowed. • Parking is provided throughout the site and is proposed as shared parking between the multi -family dwellings and commercial use. The concept plan also includes the proposed location of exterior light poles. S24-04 and S24-05 Staff Report — BOC 2-3-2025 Page 5 of 20 Board of Commissioners - February 3, 2025 ITEM: 8 - 2 - 5 • Sidewalks are provided around the perimeter of both buildings shown on the plan with a sidewalk along the road to access the proposed row -style dwellings on the R-15 portion of the project. • Most of the B-2 project area is within the Special Highway Overlay District (SHOD), which includes a 100-foot setback from the right-of-way and 25-foot side setbacks. Section 4.3.2.A.2.b.8 requires requests for dwellings in the B-2 district provide conceptual elevations showing the proposed architectural style of the buildings which are included below: Mixed -Use Retail and Multi -Family Elevation S24-04 and S24-05 Staff Report — BOC 2-3-2025 Page 6 of 20 Board of Commissioners - February 3, 2025 ITEM: 8 - 2 - 6 Multi -Family Elevation S24-05 — R-15 Additional Dwelling Allowance Special Use Permit Additional Dwelling Allowance Site Plan with Staff Markup S24-04 and S24-05 Staff Report — BOC 2-3-2025 Page 7 of 20 Board of Commissioners - February 3, 2025 ITEM: 8 - 2 - 7 • For the R-15 portion of the project the applicant is requesting a special use permit for an Additional Dwelling Allowance to increase the allowed residential density from 2.5 dwelling units per acre to 8.37 dwelling units per acre for 242 row -style dwelling units on 30.22 acres. • The site plan includes an amenity center and rows of residential units arranged in blocks in the center of the site. The end unit of each row of homes is proposed as two stories with a driveway and no garage. The middle units are three stories with a garage on the ground floor. • The R-15 district establishes a maximum building height of 40 feet but does not restrict the number of stories allowed. The applicant has included a condition restricting the homes to a maximum of three stories, not to exceed 40 feet tall. • The rows of units closest to single-family homes are placed near the existing common areas of the Porters Pointe Subdivision. • The ordinance requires a minimum 35-foot setback around the perimeter of the site. The applicant has included a condition that retains a minimum 35-foot landscape buffer of existing vegetation around the site as a visual buffer. • A road stub is provided to Brays Drive that will be gated for emergency access only. A condition has been included guaranteeing a bicycle and pedestrian connection to Brays Drive. • Additional Dwelling Allowances require a minimum 35% open space and maximum impervious surface limit of 40% of the project acreage. The applicant's site plan meets those minimum and maximum criteria. • The applicant has included a condition to provide an overland relief path, such as a drainage ditch or swale within a public drainage easement from the natural pond to the stormwater outfall. While not required for Additional Dwelling Allowances, the applicants have included a conceptual elevation of the proposed attached row -style units. ! C: ., ii "'• "? � r 1� � � �� rr a ri r� a 1� �N n �� �� �� �- I� �� a t� a ti Il 11 11 Il [I 11 Il 111111 ii ii ii -01 slipI� II i s , Ii y��� �11 - * ' �N 1 } III":,� ;s'�� � � !RI :'vr•,. �1;� L s S24-04 and S24-05 Staff Report — BOC 2-3-2025 Page 8 of 20 Board of Commissioners - February 3, 2025 ITEM: 8 - 2 - 8 ZONING CONSIDERATIONS • Multi -Family Dwellings are permitted in the B-2 district with approval of a Special Use Permit and are subject to the requirements in Section 4.3.2.A.2 of the UDO. These standards generally address requirements for mixed -use development, pedestrian infrastructure, use restrictions, shared parking, common areas, and a requirement for building elevations. • Additional Dwelling Allowances are permitted in the R-15 district with approval of a Special Use Permit and are subject to the requirements in Section 3.1.3.E of the UDO. These standards generally address density, open space, utility and stormwater improvements, proximity to higher density place types listed in the Comprehensive Land Use Plan, access, and impervious surface limitations. • As proposed, the Multi -Family in the B-2 portion meets the specifications of Section 4.3.2.A.2 and the Additional Dwelling Allowance for the R-15 portion meets the specifications of Section 3.1.3.E. • If approved, the project would be subject to Technical Review Committee and Zoning Compliance review processes to ensure full compliance with all ordinance requirements and specific conditions included in the approval. Only minor deviations from the approved conceptual plan, as defined by the UDO, would be allowed. S24-04 and S24-05 Staff Report — BOC 2-3-2025 Page 9 of 20 Board of Commissioners - February 3, 2025 ITEM: 8 - 2 - 9 AREA DEVELOPMENT S24-04 and S24-05 Staff Report — BOC 2-3-2025 Page 10 of 20 Board of Commissioners - February 3, 2025 ITEM: 8 - 2 - 10 TRANSPORTATION CURRENT CONDITIONS Intensity of Current Zoning Typical development under current zoning would allow a maximum of 75 single-family dwelling units and approximately 22,500 square feet of retail. PROPOSED ACCESS Primary Access Right -in, Right -out access onto Market Street Secondary Access Gated emergency access only onto Brays Drive EXISTING ROADWAY CHARACTERISTICS Affected Roadway Market Street Type of Roadway Principal Arterial Roadway Planning Capacity (AADT) 41,369 S24-04 and S24-05 Staff Report — BOC 2-3-2025 Page 11 of 20 Board of Commissioners - February 3, 2025 ITEM: 8 - 2 - 11 Latest Traffic Volume (AADT) - 43,000 2023 Latest WMPO Point -in -Time 33,524 County (DT) Current Level of Congestion Above Capacity Source of Planning Capacity: WMPO Sources Source of Latest Traffic Volume: 2023 Source of WMPO Point -in -Time Count: October 2024 NEARBY NCDOT STIP ROADWAY PROJECTS - Access management improvements from N. College Road to Station Road and from Middle Sound Loop Road to the Mendenhall Drive/Marsh Oaks Drive intersection. U-4902D — Market Street - Installation of a center median and pedestrian Improvements accessways along Market Street from Middle Sound (Per NCDOT the Market Street Loop Road to Marsh Oaks Drive. The pedestrian improvements are approximately accessways will consist of a 10-foot-wide multi -use 77/o complete with an estimated path on the eastern side of the street and a 5-foot completion date of Fall 2025) wide sidewalk on the western side of the street. - With the widening of Market Street there will be a signalized U-turn with a bulb -out just south of the proposed entrance. TRAFFIC GENERATION Traffic Traffic Traffic Potential Generation Generated by Generated Impact of by Present Present by Proposed Designation Designation Combined Combined (R-15, 75 (B-2, 22,500 Projects Projects du) sq ft retail) AM Peak Hour Trips 53 53 124 +71 PM Peak Hour Trips 71 148 174 -45 Typical Development with Existing Zoning — 22,500 square feet of retail and 75 single family dwelling units. Assumptions Proposed Development — 1,800 square feet of commercial and 304 dwelling units. Sources Source of Trip Generation: ITE Trip Generation Manual, 1 1'" ed TRAFFIC IMPACT ANALYSIS (TIA) The estimated traffic generated from the site is above the 100 peak hour threshold that triggers the ordinance requirement for a Traffic Impact Analysis (TIA). A TIA was previously approved in 2023 for a more intensive development on the site. The applicant's traffic engineers provided a technical memorandum to the TIA with an updated set of land uses. A team of NCDOT, WMPO, and County planning staff work with an applicant's traffic engineers to develop the scope for the TIA, including S24-04 and S24-05 Staff Report — BOC 2-3-2025 Page 12 of 20 Board of Commissioners - February 3, 2025 ITEM: 8 - 2 - 12 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. January 31, 2023 Approval Date Revised approval December 4, 2024 Development Proposal 1,800 square feet of strip retail and 304 multi -family dwelling Analyzed units. - Market Street and Site Access - Market Street and Cypress Pond Way Study Intersections - Market Street and Hays Lane - Market Street and Porters Neck Road - Porters Neck Road and Brays Drive - 124 AM peak hour trips Trip Generation - 174 PM peak hour trips - 2,330 average daily trips - September 13, 2022 — Market Street at Hays Lane Commercial Driveway - September 13, 2022 — Market Street at Cypress Pond Way Traffic Data Collection - September 13, 2022 — Market Street at Porters Neck Road - September 13, 2022 — Porters Neck Road at Brays Drive Trip Distribution and - 60% to and from the south on Market Street Assignment - 40% to and from the north on Market Street S24-04 and S24-05 Staff Report — BOC 2-3-2025 Page 13 of 20 Board of Commissioners - February 3, 2025 ITEM: 8 - 2 - 13 - Marsh Oaks Commercial Approved Developments & - Primrose School of Mayfaire Background Growth - Full Build — 2027 - Growth Rate — 1 % per year Market Street and Site Access - Construct a continuous northbound thru-right turn lane on Market Street from the ABC store driveway continuing up to the thru-right lane at the intersection of Market Street and Porters Neck Road. - Construct site access (westbound approach) with one ingress lane and one egress lane, and an internal protected stem of 150 feet, measured from the right- of-way line. - Provide stop control for westbound approach. Required Improvements Market Street and Cypress Pond Way - Install a traffic signal and provide necessary coordination. Market Street and Hays Lane - No improvements required. Market Street and Porters Neck Road - No improvements required. Porters Neck Road and Brays Drive - No improvements required. SUMMARY The project is located along a principal arterial highway that is currently over capacity; however, the Military Cutoff Extension opened in 2024 and is anticipated to reduce traffic congestion in the Porters Neck area. The applicant's revised TIA includes several roadway improvements including a new right -turn lane on Market Street on a northbound approach to the site and a new traffic signal at Cypress Pond Way. The approved TIA analyzed both full access and gated access onto Brays Drive. The applicants are proposing gated emergency access only onto Brays Drive. S24-04 and S24-05 Staff Report — BOC 2-3-2025 Page 14 of 20 Board of Commissioners - February 3, 2025 ITEM: 8 - 2 - 14 ENVIRONMENTAL • The property is not within a Natural Heritage Area or the Special Flood Hazard Area. • The property is within the Pages Creek watershed. • The conservation resource map indicates a natural pond in the easternmost corner of the project area. The pond is below the size required to trigger additional requirements listed in Section 5.7 Conservation Resources. • New Hanover County Engineering has identified historic flooding concerns for areas adjacent to the pond including the end of Lantana Lane. The applicant has included a condition to provide an overland relief path, such as a drainage ditch or swale within a public drainage easement from the natural pond to the stormwater outfall. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class II (Moderate), Class III (Severe) and Class IV (Unsuitable) soils; however, the project will be served by CFPUA public water and sewer. OTHER CONSIDERATIONS Schools PUBLIC SCHOOL ENROLLMENT ZONES Elementary School Porters Neck Elementary 2024-2025 Capacity 1 14% Middle School Holly Shelter Middle 2024-2025 Capacity 81 % High School Laney High 2024-2025 Capacity 1 17% STUDENT GENERATION RATES (SGRs) Overall SGR (24-25) 0.19 public school students per residential unit Elementary School SGR (24-25) 0.08 public school students per residential unit Middle School SGR (24-25) 0.04 public school students per residential unit High School SGR (24-25) 0.07 public school students per residential unit Local Elementary SGR (24-25) 0.09 - Higher than the County -Wide Generation Rate SGR Trend (20-21 to 24-25) Decrease of 0.05 public school students per residential unit S24-04 and S24-05 Staff Report — BOC 2-3-2025 Page 15 of 20 Board of Commissioners - February 3, 2025 ITEM: 8 - 2 - 15 POTENTIAL PROJECT STUDENT IMPACT Intensity of Current Zoning• Typical Development under current zoning would allow a maximum of 75 residential units. Proposed Development: 304 residential units Students Students Potential Impact Generated by Generated by of Proposed Current Zoning Proposed Project Zoning Elementary School 6 24 +18 Middle School 3 12 +9 High School 5 21 +16 TOTAL 14 57 +43 Sources 2024-2025 NHC Student Yield Analysis SUMMARY The proposed project is expected to be completed within five years. In addition to the Porters Neck Elementary School generation rate listed above, the Laney High School enrollment rate is 0.09, which is slightly higher than the 0.07 rate for high school student generation across the county. Although the public elementary and high schools serving the area are currently over capacity, the development is projected to have a minimal impact on school enrollment due to its low student generation rate. Other approved residential developments in the area have either been factored into the student yield analysis or are age -restricted, further limiting additional impact on local schools. S24-04 and S24-05 Staff Report — BOC 2-3-2025 Page 16 of 20 Board of Commissioners - February 3, 2025 ITEM: 8 - 2 - 16 Context and Compatibility • The projects are located in one of the county's more densely developed corridors and partially within the Porters Neck growth node as identified in the Comprehensive Plan. • The property can only be accessed along Market Street via a right-in/right-out driveway. The Brays Drive connection is proposed for emergency access only. • While the eastern part of the property was zoned for lower density residential development in the early 1970s, both public water and sewer services are now available, which makes this area less likely to be developed for low -density residential. • The site plan places a mixed -use structure closer to Market Street, a largely commercial corridor. This serves as a transition from that corridor to the higher density multi -family building and lower density row -style homes. • Required setbacks and transitional buffers provide additional mitigation for aesthetic effects along the property boundaries. Multi -family residential developments require transitional buffers where the site abuts single-family residential, consisting of vegetation, berms, or fences with vegetation. • The site plan does take into consideration the preservation of large live oak trees on the site, most of which are considered specimen trees. The site plan also does not place development close to the existing pond on site. 2016 COMPREHENSIVE LAND USE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County's future land use, as designated by place types describing the character and function of the different types of development that make up the community. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. LAND USE 4 �`�: o BPd� �I o. % Shac Project o Boundary dos, Or 524-04 Future Land Use C; GENERAL RESIDENTIAL 7' 31 URBAN MIXED USE ° 524-05 fQ0 COMMUNITY MIXED USE / CONSERVATION General Residential and Urban Mixed Use Future Land Use Map Place Type Because of the general nature of place type borders, sites located in proximity to the boundaries between place types could be appropriately S24-04 and S24-05 Staff Report — BOC 2-3-2025 Page 17 of 20 Board of Commissioners - February 3, 2025 ITEM: 8 - 2 - 17 developed with either place type, allowing site -specific features and evolving development patterns in the surrounding area to be considered. General Residential: Focuses on lower -density housing and associated civic and commercial services. Typically, housing is single-family or duplexes. Commercial uses should be limited to strategically located office and retail spaces, while recreation and school facilities are encouraged throughout. Types of uses include single-family residential, low density multi -family Place Type residential, light commercial, civic, and recreational. Description Urban Mixed Use: Promotes development of a mix of residential, office, and retail uses at higher densities. Types of uses encouraged include office, retail, mixed use, small recreation, commercial, institutional, single-family, and multi -family residential. The proposed special use permits are located along the Market Street corridor in the Porters Neck area, which is identified as a high growth node in the Comprehensive Plan. Generally, the Comprehensive Plan designates areas along major roadways for higher densities of residential and commercial development. The Urban Mixed Use place type is closer to Market Street, transitioning to General Residential as the property moved away from the higher intensity road corridor. Place type borders are not fixed; however, the intent is for that transitional development pattern between different levels of intensity. In the past, where projects were in more than one place type, densities that are in the range between those two place types have been seen as consistent as long as the development tries to transition or buffer into lower density areas. The Comprehensive Plan classifies the B-2 portion of the site as Urban Mixed Use which promotes multi -family, mixed -use, and higher density single - Analysis family development to provide a range of housing types, opportunities and choices. The Urban Mixed Use place type does not recommend a maximum density. R-15 portion of the site is classified as the General Residential place type which focuses on lower -density housing and associated civic and commercial services with a maximum recommended density of 8 dwelling units per acre. The requirements for an Additional Dwelling Allowance require a project to be totally or primarily in, contiguous to, or within 250 feet of, the boundary of areas classified as Employment Center, Urban Mixed Use, or Community Mixed Use place types in the Comprehensive Plan. Additional conditions have been proposed including a requirement that neither project can be completed unless both special use permits are approved, common ownership, buffers, drainage, pedestrian access to Brays Drive, a gated emergency vehicle only access to Brays Drive, tree retention, and building height. S24-04 and S24-05 Staff Report — BOC 2-3-2025 Page 18 of 20 Board of Commissioners - February 3, 2025 ITEM: 8 - 2 - 18 Proposed Conditions Applicant Proposed Conditions: (additional conditions may be added that will bring the proposal in line with the required conclusions) Multi -Family Dwellings in B-2 Conditions: 1. Any Special Use Permit ("SUP") pertaining to the subject site (area zoned B-2) shall not be effective without the approval of the separate SUP pertaining to the portion of the overall project currently zoned R-15. 2. Any property currently zoned 1-1 is not part of the SUP requests, but the SUP pertaining to the subject site shall not be valid without use of the land zoned 1-1 for vehicular, pedestrian, and utility / infrastructure connectivity to the portion of the overall site zoned R-15. 3. The property comprising of the overall project will be combined under common ownership, and the project thereafter will be master planned and developed as such pursuant to the provisions of the subject SUPS. The combined property shall be subjected to the provisions of covenants and restrictions consistent with the conditions imposed by either SUP within the land's respective zoning. 4. Prior to construction, plans for the project shall clearly identify all access, utility, and stormwater easements between the subject site and through those portions of the property currently zoned I-1 and R-15. 5. Areas of buffer and open space outside of essential site improvements and easements will preserve existing trees that are not dead, dying, or otherwise hazardous. 6. Buildings will be a maximum of three stories and a maximum of 50 feet in height in the B- 2 parcels. Additional Dwelling Allowance in R-15 Conditions: 1. Any Special Use Permit ("SUP") pertaining to the subject site (area zoned R-15) shall not be effective without the approval of the separate SUP pertaining to the portion of the overall project currently zoned B-2. 2. Any property currently zoned 1-1 is not part of the SUP requests, but the SUP pertaining to the subject site shall not be valid without the use of the land zoned 1-1 for vehicular, pedestrian, and utility / infrastructure connectivity to the portion of the overall project currently zoned B-2. 3. The property comprising of the overall project will be combined under common ownership, and the project thereafter will be master planned and developed as such pursuant to the provisions of the subject SUPS. The combined property shall be subjected to the provisions of covenants and restrictions consistent with the conditions imposed by either SUP within the land's respective zoning. S24-04 and S24-05 Staff Report — BOC 2-3-2025 Page 19 of 20 Board of Commissioners - February 3, 2025 ITEM: 8 - 2 - 19 4. Prior to construction, plans for the project shall clearly identify all access, utility, and stormwater easements between the subject site and through those portions of the property currently zoned 1-1 and B-2. 5. Areas of buffer and open space outside of essential site improvements and easements will preserve existing trees that are not dead, dying, or otherwise hazardous. b. Buildings will be a maximum of three stories and will not exceed 40 feet in height. 7. Access to and from Brays Drive shall be gated and restricted to emergency vehicles only. 8. Buffers between the project and adjacent residential neighborhoods shall exceed minimum requirements. Buffers vary in width. 9. Bicycle and pedestrian infrastructure shall be installed up to the property line where the project road connects to Brays Drive. 10. An overland relief path (swale) within a public drainage easement will be provided from the existing pond to the proposed outfall. Coordination with New Hanover County Engineering will be conducted during the stormwater permitting process for the project in order to determine the specific design of the relief path and easement. S24-04 and S24-05 Staff Report — BOC 2-3-2025 Page 20 of 20 Board of Commissioners - February 3, 2025 ITEM: 8 - 2 - 20 S24-04 MULTI -FAMILY IN A B-2 DISTRICT - SUPPLEMENTAL APPENDIX: Example Motion - Multi -Family Dwellings in B-2 Each special use permit is a distinct request and will require a separate motion from the board. Staff does not provide a recommendation for Special Use Permits however staff has compiled information to assist the Board in their decision making to determine the appropriate Findings of Fact to Date. Based on the evidence presented to the Board, one of the following motions could be made: Example Motion for Approval: 13 Motion to approve the permit as the Board finds that this application for a Special Use Permit meets the four required conclusions based on the findings of fact included in the Staff Report and additional evidence presented at the public hearing. OPTIONAL (if conditions have been identified that will bring the proposal in line with the required conclusions.) Subject to the following conditions agreed to by the applicant: Example Motion for Denial: 13 Motion to deny the permit because the Board cannot find (choose all that apply): ri a. That the use will not materially endanger the public health or safety if located where proposed (for the following reason(s)): S24-04 Supplemental Appendix — BOC 2-3-2025 Page 1 of 6 Board of Commissioners - February 3, 2025 ITEM: 8 - 3 - 1 b. That the use meets all required condition and specifications (for the following reason(s)): c. That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity (for the following reason(s)): d. That the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County (for the following reason(s)): S24-04 Supplemental Appendix — BOC 2-3-2025 Page 2 of 6 Board of Commissioners - February 3, 2025 ITEM: 8 - 3 - 2 Draft Findings of Fact - Multi -Family Dwellings in B-2 After an analysis of the proposed use and the information provided as part of the application package staff has compiled the facts provided in the application and identified through staff technical review and analysis. They are organized by the applicable conclusion. These findings are preliminary and additional relevant facts may be presented during the public hearing. Compiled facts may or may not support the Board's conclusion. Conclusion 1: The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. Compiled Facts May or May Not Support the Board's Conclusion. Relevant Findings of Fact Presented to Date A. Public water available through CFPUA. Public sewer available through connection to an existing force main. Project proposes to connect to public water and sewer. B. The subject property is in the New Hanover County Northern Fire Service District. C. Access to the site will be provided by one right -in, right -out access onto Market Street. A roadway connection to Brays Drive will be gated for emergency access only. D. The proposed use will generate an estimated 124 AM and 174 PM peak hour trips. The proposed project was included in a Traffic Impact Analysis (TIA) completed in 2023 and revised in 2024 for the combined B-2 and R- 75 projects. E. The AADT Planning Capacity for Market Street is 41,369 trips and the AADT Latest Traffic Volume is 43,000 trips, indicating the highway is currently above capacity. F. Pages Creek Park Reserve is approximately 4 miles, and Ogden Park is approximately 2.5 miles from the project site. G. No known conservation resources in the B-2 zoned parcels. Conclusion 2: The Board must find that the use meets all required conditions and specifications of the Unified Development Ordinance. Compiled Facts May or May Not Support the Board's Conclusion. Relevant Findings of Fact Presented to Date A. Multi -family dwellings are allowed by Special Use Permit in the B-2, Regional Business zoning district. B. Section 4.3.2.2.b.1 states 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. The project includes 7,800 square feet of commercial space as part of a mixed -use structure that includes multi -family dwelling units. S24-04 Supplemental Appendix — BOC 2-3-2025 Page 3 of 6 Board of Commissioners - February 3, 2025 ITEM: 8 - 3 - 3 C. Section 4.3.2.2.b.2 states the development shall be single ownership or unified control of a property owners association. The applicant has included a condition guaranteeing single ownership or unified control under a property owners association. Draft covenants would be reviewed as part of the Technical Review Committee (TRC) review process. D. Section 4.3.2.2.b.3 states uses within the development are restricted to residential uses and uses allowed in the B-1 district. The TIA analyzed the project for retail use, however any use allowed in the 8-1 district would be permitted on the property. E. Section 4.3.2.2.b.4 states sidewalks shall be provided throughout the project. Sidewalks have been provided around the structures and extend to the connection with the R- 7 5 portion of the project. F. Section 4.3.2.2.b.5 states parking location and quantity shall be shared. Parking is shown throughout the site. If approved, the applicant would be required to provide information guaranteeing shared parking as part of the TRC review process. G. Section 4.3.2.2.b.6 states community facilities and / or common area shall be provided. The B-2 portion requires a minimum of 20% open space. The concept plan meets the minimum open space requirement. H. Section 4.3.2.2.b.7 states Mixed -Use Residential buildings are permitted and encouraged. The building closest to Market Street on the site plan is a Mixed -Use Residential building. I. Section 4.3.2.2.b.8 states conceptual elevations indicating proposed architectural style and conceptual lighting plans shall be submitted with the application. Conceptual elevations were included in the application. Application does not include any conceptual lighting plans. J. Section 4.3.2.2.c states multi -family dwellings in all districts shall be reviewed in accordance with the same standards as established in the UDO for subdivisions even if the project does not involve the subdivision of land. A site plan shall be submitted in accordance with Section 10.3.6 Site Plan. If approved, the project shall be subject to the subdivision review process through the Technical Review Committee (TRC). K. Section 3.5.3.D.1.a states all non-residential buildings and their accessory uses shall be set back a minimum of 100 feet from the right-of-way of the designated highway. The project meets the 7 00-foot setback requirement. L. Section 3.5.3.D.1.b states no building shall be located less than 25 feet from any property line. The project meets the 25-foot setback requirement. M. Section 3.5.3.D.1.c states the setback may be reduced for those buildings, accessory uses, and off-street parking by a maximum of 25 percent if the development provides additional plantings along the right-of-way. At a minimum, these plantings shall consist of one deciduous or evergreen tree at least 2.5-inch caliper for every 40 feet of road frontage. These streetscape trees must be selected and planted in accordance with Section 5.4, Landscaping and Buffering, and must be located in the first 10 feet of land adjacent to and parallel to the right-of-way, except that plantings may be moved outside this area if it is determined that overhead powerlines would interfere with the trees' natural growth. The project does not propose any setback reduction. N. Section 3.5.3.D.2 states all manufacturing, storage, offices, wholesaling, retail sales or similar uses shall be conducted within an enclosed building. No unenclosed buildings are proposed. The 1,800 square feet of commercial space is shown as enclosed. S24-04 Supplemental Appendix — BOC 2-3-2025 Page 4 of 6 Board of Commissioners - February 3, 2025 ITEM: 8 - 3 - 4 O. Table 5.1.2.A states multi -family dwelling units must provide 1.5 parking spaces for every one bedroom unit, and two parking spaces for every unit with two or more bedrooms. The table also requires a minimum of 2.5 parking spaces for every 1,000 square feet of commercial space. The 8-2 portion of the site requires a minimum of 704 parking spaces. The site plan meets the ordinance requirement by providing 707 parking spaces. P. Section 3.1.3.D.l.a states buildings on the periphery of a Performance Residential Development shall setback a minimum of 20 feet from the adjoining property line. All buildings are a minimum of 20 feet from adjoining property. Q. Section 3.1.3.D.1.c states multi -family dwelling units shall be spaced a minimum of 20 feet from any part of another dwelling unit. All other dwelling units shall be spaced a minimum of 10 feet from each other. Multi -family dwellings are spaced a minimum of 20 feet apart. R. Section 5.8.2. states multi -family developments and performance residential projects require a minimum of 20% open space. The 8-2 portion of the site provides a minimum 20% open space. Conclusion 3: The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. Compiled Facts May or May Not Support the Board's Conclusion. Relevant Findings of Fact Presented to Date A. The proposed multi -family dwellings in a B-2 district is on property with a vacant office building. The project area is located between existing properties zoned and used for commercial purposes along Market Street and a former forestry parcel and a lower density single-family residential development to the east. B. Land uses in the immediate vicinity of the subject site are grocery stores, restaurants, retail, and light industrial along Market Street. C. No evidence has been submitted indicating whether this project will or will not substantially injure the value of adjoining or abutting properties. Conclusion 4: The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. Compiled Facts May or May Not Support the Board's Conclusion. Relevant Findings of Fact Presented to Date A. The subject site is currently undeveloped. B. No known cultural or archaeological resources are identified on site. C. The B-2 site is bounded by commercially zoned property to the north, south, and west. The site is adjacent to industrially zoned property to the west that transitions to residentially zoned parcels in Porters Neck. S24-04 Supplemental Appendix — BOC 2-3-2025 Page 5 of 6 Board of Commissioners - February 3, 2025 ITEM: 8 - 3 - 5 D. Land uses in the immediate vicinity of the subject site are commercial. E. The 2016 Comprehensive Plan classifies approximately the B-2 project area as Urban Mixed Use which promotes mixed -use, multi -family and higher density single-family development to provide a range of housing types, opportunities, and choices. The Urban Mixed Use place type does not recommend a maximum density. The density of the B-2 project is 79.3 dwelling units per acre, however due to the interconnectedness of the B-2 and adjacent R- 7 5 projects, when taken together the overall density of the combined projects is 9.5 dwelling units per acre. F. The B-2 zoned parcels are within the Porters Neck Growth Node. Growth nodes are intended to be focus areas of development, encouraging high -density developments that promote pedestrian activity and alternative transportation options. G. Additional conditions have been proposed tying development of the site to approval of the adjacent Additional Dwelling Allowance special use permit, easements, tree retention, and building height. S24-04 Supplemental Appendix — BOC 2-3-2025 Page 6 of 6 Board of Commissioners - February 3, 2025 ITEM: 8 - 3 - 6 S24-05 ADDITIONAL DWELLING ALLOWANCE - SUPPLEMENTAL APPENDIX Example Motion - Additional Dwelling Allowance in R-15 Each special use permit is a distinct request and will require a separate motion from the board. Staff does not provide a recommendation for Special Use Permits however staff has compiled information to assist the Board in their decision making to determine the appropriate Findings of Fact to Date. Based on the evidence presented to the Board, one of the following motions could be made: Example Motion for Approval: 13 Motion to approve the permit as the Board finds that this application for a Special Use Permit meets the four required conclusions based on the findings of fact included in the Staff Report and additional evidence presented at the public hearing. OPTIONAL (if conditions have been identified that will bring the proposal in line with the required conclusions.) Subject to the following conditions agreed to by the applicant: Example Motion for Denial: ❑ Motion to deny the permit because the Board cannot find (choose all that apply): a. That the use will not materially endanger the public health or safety if located where proposed (for the following reason(s)): S24-05 Supplemental Appendix — BOC 2-3-2025 Page 1 of 7 Board of Commissioners - February 3, 2025 ITEM: 8 - 4 - 1 ❑ b. That the use meets all required condition and specifications (for the following reason(s)): c. That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity (for the following reason(s)): d. That the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County (for the following reason(s)): S24-05 Supplemental Appendix — BOC 2-3-2025 Page 2 of 7 Board of Commissioners - February 3, 2025 ITEM: 8 - 4 - 2 Draft Findings of Fact - Additional Dwelling Allowance in R-15 After an analysis of the proposed use and the information provided as part of the application package staff has compiled the facts provided in the application and identified through staff technical review and analysis. They are organized by the applicable conclusion. These findings are preliminary and additional relevant facts may be presented during the public hearing. Compiled facts may or may not support the Board's conclusion. Conclusion 1: The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. Compiled Facts May or May Not Support the Board's Conclusion. Relevant Findings of Fact Presented to Date A. Public water available through CFPUA. Public sewer available through connection to an existing force main. Project proposes to connect to public water and sewer. B. The subject property is in the New Hanover County Northern Fire Service District. C. Access to the site will be provided by one right -in, right -out access onto Market Street. A roadway connection to Brays Drive will be gated for emergency access only. D. The proposed use will generate an estimated 124 AM and 174 PM peak hour trips. The proposed project was included in a Traffic Impact Analysis (TIA) completed in 2023 and revised in 2024 for the combined B-2 and R- 75 projects. E. The AADT Planning Capacity for Market Street is 41,369 trips and the AADT Latest Traffic Volume is 43,000 trips, indicating the highway is currently above capacity. F. Pages Creek Park Reserve is approximately 4 miles, and Ogden Park is approximately 2.5 miles from the project site. G. The conservation resource map indicates a natural pond in the easternmost corner of the project area. The pond is below the size required to trigger additional requirements listed in Section 5.7 Conservation Resources. Conclusion 2: The Board must find that the use meets all required conditions and specifications of the Unified Development Ordinance. Compiled Facts May or May Not Support the Board's Conclusion. Relevant Findings of Fact Presented to Date A. An additional dwelling allowance is allowed by Special Use Permit in the R-15, Residential zoning district. B. Section 3.1.3.E.l.b states the base site acreage shall be determined by subtracting the acreage of water bodies and other areas below the mean high-water line, if tidally influenced, or below mean water line, if non -tidally influenced, land used as open space in prior residential development, and land used for commercial, office and institutional, and light industrial purposes in a PD district. The site does not contain open space from prior residential development, and is not in a PD district. S24-05 Supplemental Appendix — BOC 2-3-2025 Page 3 of 7 Board of Commissioners - February 3, 2025 ITEM: 8 - 4 - 3 C. Section 3.1.3.E.l.c states the maximum number of dwelling units that may be built shall be determined by multiplying the base site area by the appropriate density factor of 10.2 dwelling units per acre as provided in Table 3.1.3.E.1.c. The base site acreage is calculated by subtracting the 7.30 acres of natural pond from the acreage zoned R-15. The base site acreage is 28.92. The maximum number of dwelling units allowed is 295. The applicant is requesting 242 dwelling units at a density of 8.37 dwelling units per acre in the property zoned R-75. D. Section 3.1.3.E.1.d states residential units shall not be clustered at a density greater than 2.5 units per base acre in the AE or VE special flood hazard areas or CAMA Estuarine Areas of Environmental Concern. The subject site is not located in the AE or VE special flood hazard areas or CAMA Estuarine Areas of Environmental Concern. E. Section 3.1.3.E.2.a states developments allowed an additional dwelling allowance shall be located on a parcel of land that is either totally or primarily in, contiguous to, or within 250 feet of, the boundary of areas classified as Employment Center, Urban Mixed Use, or Community Mixed Use place types in the Comprehensive Plan. The properties are within the Urban Mixed Use place type. F. Section 3.1.3.E.2.b states the development shall have direct access to and from an existing major or minor arterial as indicated on the most recent officially adopted Wilmington MPO Functional Classification Map. This direct access requirement will be satisfied if one or more property boundary lines is contiguous with and utilizes access to and from an existing major or minor arterial, or the development accesses an existing major or minor arterial roadway by a NCDOT-maintained public street, or by a private street designed and constructed in accordance with the County's minimum standards for a collector road. The development has direct access onto Market Street, a principal arterial roadway. G. Section 3.1.3.E.2.c states all interior drives shall be designed so as to provide adequate access for emergency service vehicles. Interior drives shall be reviewed and approved by New Hanover County Fire as part of the Technical Review Committee (TRC) review process. H. Table 3.1.3.E.3.a.1 requires a minimum of 35% open space for additional dwelling allowance developments in the R-15 district. 35% of 30.22 acres is 10.57 acres of required open space. The proposed development provides 70.57 acres (3501b) of open space. I. Table 3.1.3.E.4 requires public or community sewer, public or community water, underground storm drainage, and a maximum impervious surface ratio for gross site area of .40. The maximum allowed impervious surface area for 30.22 acres is 12 acres. The plan states the project will comply with the maximum 12 acres of impervious surface. J. Section 3.1.3.E.5.a states the required minimum setback for developments with an additional dwelling allowance shall not be less than 25 feet. The concept plan shows a 25-foot-wide perimeter building setback around the proposed development. K. Section 3.1.3.E.5.b states when additional dwelling allowance developments are located and adjacent to any existing detached residential development (not including Mobile Home Parks, other developments with an Additional Dwelling Allowance or High -Density Development special use permit, or General Planned Development districts), structures over 25 feet in height shall be setback a distance equal to the height of the structure. The application includes a condition guaranteeing a maximum building height of three stories not to exceed 40 feet. The concept plan shows all structures set back a minimum of 40 feet from the property line. S24-05 Supplemental Appendix — BOC 2-3-2025 Page 4of7 Board of Commissioners - February 3, 2025 ITEM: 8 - 4 - 4 L. Section 3.1.3.E.5.c states multi -family dwelling units shall be spaced a minimum of 20 feet from any part of another dwelling unit. All other dwelling units shall be spaced a minimum of 10 feet from each other. Multi -family dwelling units are a minimum of 20 feet apart from another dwelling unit. Attached row houses are a minimum of 10 feet apart from other dwellings. M. Section 3.1.3.E.6.a states buffer strips shall be required in accordance with Section 5.4 Landscaping and Buffering. If approved, buffer landscaping shall be reviewed during TRC review. N. Section 3.1.3.E.6.b states parking shall be provided in accordance with Section 5.1 Parking and Loading. If approved, parking shall be reviewed as during TRC review. O. Section 3.1.3.E.6.c states signs shall be in accordance with Section 5.6 Signs. Signs shall be reviewed through the sign permitting and review process with the Planning & Land Use Department. P. Section 3.1.3.E.6.d states sewage disposal facilities shall be in accordance with the requirements for utility lines and facilities outlined in Section 4.3.3.1 Utilities. CFPUA shall review and permit the proposed sewer through the CFPUA permitting process. Q. Section 3.1.3.E.7.a states when a plat or map is to be recorded, the maps or plat shall contain a Certificate indicating the book and page number of the homeowners association covenants, conditions and restrictions. New restrictive covenants or updates to existing restrictive covenants shall be recorded with the Register of Deeds and a certificate shall be included on the plat prior to recordation. The restrictive covenants shall be reviewed and approved by the Planning & Land Use Department and Legal Department prior to recordation. R. Section 3.1.3.E.7.b states responsibilities for maintenance of private streets, open space, recreation facilities, and other common areas shall be specified. Responsibilities for maintenance of private streets, open space, recreation facilities and other common areas shall be included in the restrictive covenants. The restrictive covenants shall be reviewed and approved by the Planning & Land Use Department and Legal Department prior to recordation. S. Section 3.1.3.E.7.c states responsibilities for exterior maintenance of attached dwelling units shall be specified. The developer has the option of including responsibilities for exterior maintenance. No responsibilities are proposed. The restrictive covenants shall be reviewed and approved by the Planning & Land Use Department and Legal Department prior to recordation. T. Section 3.1.3.E.7.d states the homeowners association shall be authorized to rebuild damaged or destroyed portions of structures containing attached dwelling units when the individual owner fails to do so. The restrictive covenants shall be reviewed and approved by the Planning & Land Use Department and Legal Department prior to recordation. U. Section 3.1.3.E.8.a states when a development proposal is submitted for an additional dwelling allowance development it shall be reviewed in accordance with the same standards as established in the UDO for subdivisions even if the project does not involve the subdivision of land. The Technical Review Committee (TRC) shall review such plans in addition to board approval of the special use permit. If approved, the project shall be reviewed by the TRC prior to the first Certificate of Occupancy for any structure associated with the project. V. Section 3.1.3.E.8.b states a site plan conforming to the requirements of Section 10.3.6 Site Plan shall be submitted and shall include the approximate delineation of Corps of Engineers Section 404 and Section 10 wetlands. No wetlands are designated on the proposed plan. S24-05 Supplemental Appendix — BOC 2-3-2025 Page 5 of 7 Board of Commissioners - February 3, 2025 ITEM: 8 - 4 - 5 W. Section 3.1.3.E.8.c states a drainage plan pursuant to Article 6 Subdivision Design and Improvements, and the County's Stormwater Management Ordinance shall be submitted. Existing and proposed stormwater management shall be reviewed by the New Hanover County Engineering Department. X. Section 3.1.3.E.8.d states revisions for development plans with an additional dwelling allowance shall be reviewed the same as an original submittal in accordance with the site plan requirements. Such revisions shall be limited to those areas still owned by the developer. Density calculations shall not include land areas already platted and / or sold. If approved, future revisions shall be reviewed by the Board of Commissioners through the Special Use Permit process. Y. Table 5.1.2.A states row -style dwelling units must provide two parking spaces for every dwelling unit. The R-75 portion of the site requires a minimum of 242 parking spaces. The site plan meets the ordinance requirement by providing 707 parking spaces. Conclusion 3: The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. Compiled Facts May or May Not Support the Board's Conclusion. Relevant Findings of Fact Presented to Date A. The proposed Additional Dwelling Allowance is on vacant property located between existing properties zoned for commercial purposes along Market Street and lower density residential development. B. Land uses in the immediate vicinity of the subject site are single family residential and mixed commercial along Market Street. C. The proposed Additional Dwelling Allowance accesses Market Street through the adjacent B-2 parcel. The connection to Brays Drive out to Porters Neck Road will be gated for emergency access only. D. No evidence has been submitted indicating whether this project will or will not substantially injure the value of adjoining or abutting properties. S24-05 Supplemental Appendix — BOC 2-3-2025 Page 6of7 Board of Commissioners - February 3, 2025 ITEM: 8 - 4 - 6 Conclusion 4: The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. Compiled Facts May or May Not Support the Board's Conclusion. Relevant Findings of Fact Presented to Date A. The subject site is currently undeveloped. B. No known cultural or archaeological resources are identified on site. C. The R-15 site is bounded by residentially zoned property to the north, south, and east. The site is bounded by a mix of commercially and residentially zoned property to the west. D. Land uses in the immediate vicinity of the subject site are residential. E. The 2016 Comprehensive Plan classifies the project area as General Residential, which encourages single family and duplex residential development at a maximum density of 8 dwelling units per acre. The density of the Additional Dwelling Allowance request is 8.37 dwelling units per acre, however due to the interconnectedness of the B-2 and adjacent R-75 projects, when taken together the overall density of the combined projects is 9.5 dwelling units per acre. F. Additional conditions have been proposed tying development of the site to approval of the adjacent Multi -Family Dwellings in a B-2 district special use permit, easements, landscape buffers, vehicular access restrictions onto Brays Drive, bicycle and pedestrian connections to Brays Drive, buffers, building height, and a provision for drainage improvements. S24-05 Supplemental Appendix — BOC 2-3-2025 Page 7 of 7 Board of Commissioners - February 3, 2025 ITEM: 8 - 4 - 7 Case: Site Address: Existing Zoning/Use: Proposed Zoning/Use: N yp i S24-05 R-17 x Overall Project Boundary Zoning 0 B-1 0 B-2 0 O&I 0 I-1 0 R-15 0 R-20 RMF-L CZD 7�� Case - Site Address: S24-04; 8138 Market St S24-05 Cockaded Existing Zoning/Use: onin- /q Use: B-2; R-15 S24-05 R-15 Area S24-04 B-2 Area Q Proposed Zoning/Use: B-2; R-15 Overall Project Boundary N A* Nearby Properties Overall Project Boundary Parcels within 510 feet Initial Application Documents & Materials Board of Commissioners - February 3, 2025 ITEM: 8 - 8 - 1 NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 1 10 Wilmington, North Carolina 28403 Telephone (910) 798-7165 FAX (9 7 0) 798-7053 planningdevelopment.nhcgov.com SPECIAL USE PERMIT APPLICATION This application form must be completed as part of a special use permit application submitted through the county's online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the application, are set out in Section 10.3.5 of the Unified Development Ordinance. *If the proposed use is classified as intensive industry, the applicant shall conduct a community information meeting in accordance with Section 10.2.3, Community Information Meeting. 1. Applicant and Property Owner Information Applicant/Agent Name Owner Name (if different from Applicant/Agent) Bayshore Townhomes, LLC Bee Safe Porters Neck, LLC Company Company/Owner Name 2 Address Address 201 N. Elm Street, Suite 201 201 N. Elm Street, Suite 201 City, State, Zip City, State, Zip Greensboro, NC 27401 Greensboro, NC 27401 Phone Phone 910-791-6707 (rep) Email Email aengebretson@paramounte-eng.com (rep) Board of Commissioners - February 3, 2025 Page 1 of 8 ITEM: 8 - 9 - 1 Special Use Permit Application — Updated 02-2022 2. Subject Property Information Address/Location Parcel Identification Number(s) 8138 Market Street R03600-005-006-002; R03600-005-007-000 Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification +/- 3.21 Acres B-2; Vacant Commercial Office Urban Mixed Use 3. Proposed Zoning, Use(s), & Narrative Porters Neck Growth Node Please list the proposed use(s) of the subject property, and provide the purpose of the special use permit and a project narrative (attach additional pages if necessary). *See Attached 4. Proposed Condition(s) Please note: Within a special use permit proposal, additional conditions and requirements which represent greater restrictions on the development and use of the property than the corresponding zoning district regulations may be added. These conditions may assist in mitigating the impacts the proposed development may have on the surrounding community. Please list any conditions proposed to be included with this special use permit application below. Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process that meet or exceed the minimum requirements of the Unified Development Ordinance. *See Attached Board of Commissioners - February 3, 2025 Page 2 of 8 ITEM: 8 - 9 - 2 Special Use Permit Application — Updated 02-2022 5. Traffic Impact Please provide the estimated number of trips generated for the proposed use(s) based off the most recent version of the Institute of Traffic Engineers (ITE) Trip Generation Manual. A Traffic Impact Analysis (TIA) must be completed for all proposed developments that generate more than 100 peak hour trips, and the TIA must be included with this application. ITE Land Use: LUC 220, 822 Trip Generation Use and Variable (gross floor area, dwelling units, etc.) 1,800 sq ft retail, 52 apartments AM Peak Hour Trips: 48 PM Peak Hour Trips: 66 I 6. Criteria Required for Approval of a Special Use Permit A use designated as a special use in a particular zoning district is a use that may be appropriate in the district, but because of its nature, extent, and external impacts, requires special consideration of its location, design, and methods of operation before it can be deemed appropriate in the district and compatible with its surroundings. The purpose is to establish a uniform mechanism for the review of special uses to ensure they are appropriate for the location and zoning district where they are proposed. For each of the four required conclusions listed below, include or attach a statement that explains how any existing conditions, proposed development features, or other relevant facts would allow the Board of County Commissioners to reach the required conclusion, and attach any additional documents or materials that provide supporting factual evidence. The considerations listed under each required conclusion are simply those suggested to help the applicant understand what may be considered in determining whether a required conclusion can be met. Any additional considerations potentially raised by the proposed use or development should be addressed. 1. The use will not materially endanger the public health or safety if located where proposed and approved. Considerations: • Traffic conditions in the vicinity, including the effect of additional traffic on streets and street intersections, and sight lines at street intersections with curb cuts; • Provision of services and utilities, including sewer, water, electrical, garbage collections, fire protection; • Soil erosion and sedimentation; • Protection of public, community, or private water supplies, including possible adverse effects on surface waters or groundwater; or • Anticipated air discharges, including possible adverse effects on air quality. *See Attached Board of Commissioners - February 3, 2025 Page 3 of 8 ITEM: 8 - 9 - 3 Special Use Permit Application — Updated 02-2022 2. The use meets all required conditions and specifications of the Unified Development Ordinance. *See Attached 3. The use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. Considerations: • The relationship of the proposed use and the character of development to surrounding uses and development, including possible conflicts between them and how these conflicts will be resolved (i.e. buffers, hours of operation, etc.). • Whether the proposed development is so necessary to the public health, safety, and general welfare of the community or County as a whole as to justify it regardless of its impact on the value of adjoining property. *See Attached Board of Commissioners - February 3, 2025 Page 4 of 8 ITEM: 8 - 9 - 4 Special Use Permit Application — Updated 02-2022 4. The location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the New Hanover County Comprehensive Land Use Plan. Considerations: • The relationship of the proposed use and the character of development to surrounding uses and development, including possible conflicts between them and how these conflicts will be resolved (i.e. buffers, hours of operation, etc.). • Consistency with the Comprehensive Plan's goals, objectives for the various planning areas, its definitions of the various land use classifications and activity centers, and its locational standards. *See Attached Board of Commissioners - February 3, 2025 Page 5 of 8 ITEM: 8 - 9 - 5 Special Use Permit Application — Updated 02-2022 Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under "Applicant Initial'. If an item is not applicable, mark as "N/A". Applications determined to be incomplete must be corrected in order to be processed for further review; Staff will confirm if an application is complete within five business days of submittal. Application Checklist This application form, completed and signed Application fee: • $500; $250 if application pertains to a residential use (i.e., mobile home, duplex, family child care home). E6 Traffic Impact Analysis (if applicable) • The official TIA approval letter is recommended prior to this item being placed on the Planning Board meeting agenda. • The official TIA approval letter is required prior to this item being placed on the Board of Commissioners meeting agenda. Ef Conceptual Site Plan including the following minimum elements: • Tract boundaries and total area, location of adjoining parcels and roads • Proposed use of land, structures and other improvements o For residential uses, this shall include number, height, and type of units; area to be occupied by each structure; and/or subdivided boundaries. o For non-residential uses, this shall include approximate square footage and height of each structure, an outline of the area it will occupy, and the specific purposes for which it will be used. • Proposed transportation and parking improvements; including proposed rights -of - way and roadways; proposed access to and from the subject site; arrangement and access provisions for parking areas. • All existing and proposed easements, required setbacks, rights -of -way, and buffering. • The location of Special Flood Hazard Areas. • The approximate location of regulated wetlands. • A narrative of the existing vegetation on the subject site including the approximate location, species, and size (DBH) of regulated trees. For site less than 5 acres, the exact location, species, and sized (DBH) of specimen trees must be included. • Any additional conditions and requirements that represent greater restrictions on development and use of the tract than the corresponding general use district regulations or additional limitations on land that may be regulated by Federal or State law or local ordinance. • Any other information that will facilitate review of the proposed special use permit (Ref. Section 10.3.5, as applicable) ❑ Applications for uses in the intensive industry category must also submit: • Community meeting written summary • A list of any local, state, or federal permits required for use One (1) hard copy of ALL documents and site plan. Additional hard copies may be required by staff depending on the size of the document/site plan. One (1) digital PDF copy of ALL documents AND plans ❑ For wireless support structures or substantial modifications, the elements listed on the attached checklist Applicant Initial RCC RCC RCC (Approved TIA Provided, Modification to include to decrease residential units & add commercial uses in progress at time of application submittal) RCC N/A RCC RCC N/A Board of Commissioners - February 3, 2025 Page b of 8 ITEM: 8 - 9 - 6 Special Use Permit Application — Updated 02-2022 7. Acknowledgement and Signatures By my signature below, I understand and accept all of the conditions, limitations, and obligations of the special use permit for which I am applying. I understand that the existing Official Zoning Map is presumed to be correct. I understand that I have the burden of proving that the proposal meets the four required conclusions. 1 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. Bee Safe Porters Neck LLC re gF Pr � wner(s 9,% j,t &I C. (::"1,� �ript Name(s) shore Townhomes LLC 1 Gary K. Shipman, Attorney Sig tore o A li n gent /'' Print Name Note: 'Mj form must be,4ned by the owner(s) of record. If there are multiple property owners, a signature is required for eac owner of record. The landowner or their attorney must he present For the a alication at the preliminary Forum and public hearing. If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will be 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 of the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning websife will be required. Board of Commissioners - February 3, 2025 ITEM: 8 - 9 - 7 NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina 28403 Telephone (910) 798-7165 FAX (9 7 0) 798-7053 planningdevelopment.nhcgov.com SPECIAL USE PERMIT APPLICATION This application form must be completed as part of a special use permit application submitted through the county's online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the application, are set out in Section 10.3.5 of the Unified Development Ordinance. IPublic Hearing Procedures I (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 & Preliminary Commissioners Limitations and Meeting Acceptance & Staff Report Notification Forum Hearing & Actions (TRC Optional) Decision IL *If the proposed use is classified as intensive industry, the applicant shall conduct a community information meeting in accordance with Section 10.2.3, Community Information Meeting. 1. Applicant and Property Owner Information Applicant/Agent Name Owner Name (if different from Applicant/Agent) Bayshore Townhomes, LLC Herbert E Parham Company Company/Owner Name 2 Address Address 201 N. Elm Street, Suite 201 8304 Bald Eagle Lane City, State, Zip City, State, Zip Greensboro, NC 27401 Wilmington, NC 28411 Phone Phone 910-791-6707 (rep) Email Email aengebretson@paramounte-eng.com (rep) Board of Commissioners - February 3, 2025 Page 1 of 8 ITEM: 8 - 9 - 8 Special Use Permit Application — Updated 02-2022 2. Subject Property Information Address/Location Parcel Identification Numbers) R03700-004-147-000; 8100 Block of Market Street R03700-004-148-000; R03700-004-189-000 Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification +/- 30.22 Acres R-15; Farm General Residential 3. Proposed Zoning, Use(s), & Narrative Porters Neck Growth Node Please list the proposed use(s) of the subject property, and provide the purpose of the special use permit and a project narrative (attach additional pages if necessary). *See Attached 4. Proposed Condition(s) Please note: Within a special use permit proposal, additional conditions and requirements which represent greater restrictions on the development and use of the property than the corresponding zoning district regulations may be added. These conditions may assist in mitigating the impacts the proposed development may have on the surrounding community. Please list any conditions proposed to be included with this special use permit application below. Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process that meet or exceed the minimum requirements of the Unified Development Ordinance. *See Attached Board of Commissioners - February 3, 2025 Page 2 of 8 ITEM: 8 - 9 - 9 Special Use Permit Application — Updated 02-2022 5. Traffic Impact Please provide the estimated number of trips generated for the proposed use(s) based off the most recent version of the Institute of Traffic Engineers (ITE) Trip Generation Manual. A Traffic Impact Analysis (TIA) must be completed for all proposed developments that generate more than 100 peak hour trips, and the TIA must be included with this application. ITE Land Use: LUC 220 Trip Generation Use and Variable (gross floor area, dwelling units, etc.) 252 apartments AM Peak Hour Trips: I PM Peak Hour Trips: 129 6. Criteria Required for Approval of a Special Use Permit A use designated as a special use in a particular zoning district is a use that may be appropriate in the district, but because of its nature, extent, and external impacts, requires special consideration of its location, design, and methods of operation before it can be deemed appropriate in the district and compatible with its surroundings. The purpose is to establish a uniform mechanism for the review of special uses to ensure they are appropriate for the location and zoning district where they are proposed. For each of the four required conclusions listed below, include or attach a statement that explains how any existing conditions, proposed development features, or other relevant facts would allow the Board of County Commissioners to reach the required conclusion, and attach any additional documents or materials that provide supporting factual evidence. The considerations listed under each required conclusion are simply those suggested to help the applicant understand what may be considered in determining whether a required conclusion can be met. Any additional considerations potentially raised by the proposed use or development should be addressed. 1. The use will not materially endanger the public health or safety if located where proposed and approved. Considerations. • Traffic conditions in the vicinity, including the effect of additional traffic on streets and street intersections, and sight lines at street intersections with curb cuts; • Provision of services and utilities, including sewer, water, electrical, garbage collections, fire protection; • Soil erosion and sedimentation; • Protection of public, community, or private water supplies, including possible adverse effects on surface waters or groundwater; or • Anticipated air discharges, including possible adverse effects on air quality. *See Attached Board of Commissioners - February 3, 2025 Page 3 of 8 ITEM: 8 - 9 - 10 Special Use Permit Application — Updated 02-2022 2. The use meets all required conditions and specifications of the Unified Development Ordinance. *See Attached 3. The use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. Considerations: • The relationship of the proposed use and the character of development to surrounding uses and development, including possible conflicts between them and how these conflicts will be resolved (i.e. buffers, hours of operation, etc.). • Whether the proposed development is so necessary to the public health, safety, and general welfare of the community or County as a whole as to justify it regardless of its impact on the value of adjoining property. *See Attached Board of Commissioners - February 3, 2025 Page 4 of 8 ITEM: 8 - 9 - 11 Special Use Permit Application — Updated 02-2022 4. The location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the New Hanover County Comprehensive Land Use Plan. Considerations: The relationship of the proposed use and the character of development to surrounding uses and development, including possible conflicts between them and how these conflicts will be resolved (i.e. buffers, hours of operation, etc.). Consistency with the Comprehensive Plan's goals, objectives for the various planning areas, its definitions of the various land use classifications and activity centers, and its locational standards. *See Attached Board of Commissioners - February 3, 2025 Page 5 of 8 ITEM: 8 - 9 - 12 Special Use Permit Application — Updated 02-2022 Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under "Applicant Initial'. If an item is not applicable, mark as "N/A". Applications determined to be incomplete must be corrected in order to be processed for further review; Staff will confirm if an application is complete within five business days of submittal. Application Checklist Elf This application form, completed and signed Rf Application fee: • $500; $250 if application pertains to a residential use (i.e., mobile home, duplex, family child care home). Rf Traffic Impact Analysis (if applicable) • The official TIA approval letter is recommended prior to this item being placed on the Planning Board meeting agenda. • The official TIA approval letter is required prior to this item being placed on the Board of Commissioners meeting agenda. E( Conceptual Site Plan including the following minimum elements: • Tract boundaries and total area, location of adjoining parcels and roads • Proposed use of land, structures and other improvements o For residential uses, this shall include number, height, and type of units; area to be occupied by each structure; and/or subdivided boundaries. o For non-residential uses, this shall include approximate square footage and height of each structure, an outline of the area it will occupy, and the specific purposes for which it will be used. • Proposed transportation and parking improvements; including proposed rights -of - way and roadways; proposed access to and from the subject site; arrangement and access provisions for parking areas. • All existing and proposed easements, required setbacks, rights -of -way, and buffering. • The location of Special Flood Hazard Areas. • The approximate location of regulated wetlands. • A narrative of the existing vegetation on the subject site including the approximate location, species, and size (DBH) of regulated trees. For site less than 5 acres, the exact location, species, and sized (DBH) of specimen trees must be included. • Any additional conditions and requirements that represent greater restrictions on development and use of the tract than the corresponding general use district regulations or additional limitations on land that may be regulated by Federal or State law or local ordinance. • Any other information that will facilitate review of the proposed special use permit (Ref. Section 10.3.5, as applicable) ❑ Applications for uses in the intensive industry category must also submit: • Community meeting written summary • A list of any local, state, or federal permits required for use E'f 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. E'f One (1) digital PDF copy of ALL documents AND plans ❑ For wireless support structures or substantial modifications, the elements listed on the attached checklist Applicant Initial RCC RCC RCC (Approved TIA Provided, Modification to include to decrease residential units & add commercial uses in progress at time of application submittal) RCC N/A RCC RCC N/A Board of Commissioners - February 3, 2025 Page 6 of 8 ITEM: 8 - 9 - 13 Special Use Permit Application — Updated 02-2022 7. Acknowledgement and Signatures By my signature below, I understand and accept all of the conditions, limitations, and obligations of the special use permit for which I am applying. I understand that the existing Official Zoning Map is presumed to be correct. I understand that I have the burden of proving that the proposal meets the four required conclusions. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. If applicable, I also appoint the applicant/agent as listed on this application to represent me and make decisions on my behalf regarding this application during the review process. The applicant/agent is hereby authorized on my behalf to: l . Submit an application including all required supplemental information and materials; 2. Appear at public hearings to give representation and comments; 3. Act on my behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of this application; and 4. Provide written consent to any and all conditions of approval. Herbert E. Parham Signature f Pro wnerPrint Name(s) yshore Townhomes, LLC I Gary K. Shipman, Attorney Sigafu6re o ApV cant/Agent ld C. �^ �ou1% Print Name - COo Note. This form must be signed by the owner(s) of record. If there are multiple property owners, a signature is required for each owner of record. The landowner or their attorney must be present for the application at the preliminary forum and public hearing. If on 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. 1f 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 - February 3, 2025 ITEM: 8 - 9 - 14 Print Form -T NEW HANOVER COUNTY PLANNING & LAND USE AUTHORITY FOR APPOINTMENT OF AGENT 230 Government Center Drive Suite 110 Wilmington, NC 28403 910-798-7165 phone 910-798-7053 fax www.nhcgov.com Please note that for quasi-judicial proceedings, either the land owner or an attorney must be present for the case at the public hearing. The undersigned owner does hereby appoint an authorized the agent described herein as their exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and/or an appeal of Staff decisions applicable to the property described in the attached petition. The Agent is hereby authorized to, on behalf of the property owner: 1. Submit a proper petition and the required supplemental information and materials 2. Appeal at public meetings to give representation and commitments on behalf of the property owner 3. Act on the property owner's behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning Ordinance. This document was willfully executed on the day of -b 2Ga44 bBr 20 2' Owner 1 Signature Cpa Owner 2 Signature Board of Commissioners - February 3, 2025 09/14 ITEM: 8 - 9 - 15 Print Form NEW HANOVER COUNTY PLANNING &LAND USE AUTHORITY FOR -- APPOINTMENT OF A GENT 230 Government Center Drive Suite 110 Wilmington, NC 28403 910-798-7165 phone 910-798-7053 fax www.nhcgov.com Please note that for quasi-judicial proceedings, either the land owner or an attorney must be present for the case at the public hearing. The undersigned owner does hereby appoint an authorized the agent described herein as their exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and/or an appeal of Staff decisions applicable to the property described in the attached petition. The Agent is hereby authorized to, on behalf of the property owner: I . Submit a proper petition and the required supplemental information and materials 2. Appeal at public meetings to give representation and commitments on behalf of the property owner 3. Act on the property owner's behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning Ordinance, Agent Information Name Gary K. Shipman Company Shipman & Wright, LLP Address 575 Military Cutoff Rd. Ste. 106 Clty, state, Zip Wilmington, NC 28405 Phone (910) 762.1990 Email gshipman@shipmanlaw.com Case Number Reference: S24-04 Property Owner(s) Owner Name Bee Safe Porters Neck LLC Owner Name 2 Address 201 North Elm Street, Suite 201 City, State, Zip Greensboro, NC 27401 Phone (336) 274-8531 Email ccarlock@thecarrollcompanies.com I Datc/Time reeeiv 12/2/2024 4.59 PM Subject Property Address 8138 Market Street City, State, Zip Wilmington, NC 28411 Parcel ID R03600-005-006-002; R03600-005-007-000 Received bv: Robert Farrell This document was willfully executed on the % day of �ell- 20�� OM7ZW e L Owner I Signature �C , cQ^ Coo Owner 2 Signature Board of Commissioners - February 3, 2025 ITEM: 8 - 9 - 16 09/ 14 Print Form ,. NEW HANOVER COUNTY PLANNING & LAND USE AUTHORITY FOR - APPOINTMENT OF A GENT 230 Government Center Drive Suite 110 Wilmington, NC 28403 910-798-7165 phone 910-798-7053 fax www.nhcgov.com Please note that for quasi-judicial proceedings, either the land owner or an attorney mast be present for the case at the public hearing. The undersigned owner does hereby appoint an authorized the agent described herein as their exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and/or an appeal of Staff decisions applicable to the property described in the attached petition. The Agent is hereby authorized to, on behalf of the property owner: l . Submit a proper petition and the required supplemental information and materials 2. Appeal at public meetings to give representation and commitments on behalf of the property owner 3. Act on the property owner's behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning Ordinance. This document was willfully executed on the day of l) eceM b-er ,0 Owner 1 Signature C- . (2-9, (wi-K Owner 2 Signature COO Board of Commissioners - February 3, 2025 09114 ITEM: 8 - 9 - 17 Print Form NEW HANOVER COUNTY PLANNING & LAND USE AUTHORITY FOR y APPOINTMENT OF AGENT 230 Government Center Drive Suite 110 Wilmington, NC 28403 910-798-7165 phone 910-798-7053 fax www.nhcgov.com Please note that for quasi-judicial proceedings, either the land owner or an attorney must be present for the case at the public hearing. The undersigned owner does hereby appoint an authorized the agent described herein as their exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and/or an appeal of Staff decisions applicable to the property described in the attached petition. The Agent is hereby authorized to, on behalf of the property owner: 1. Submit a proper petition and the required supplemental information and materials 2. Appeal at public meetings to give representation and commitments on behalf of the property owner 3. Act on the property owner's behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning Ordinance. Agent information Property Owner(s) Subject Property Name Owner Name Address Bayshore Townhomes, LLC Herbert E. Parham N/A Company Owner Name 2 City, State, Zip Wilmington, NC 28411 Address Address Parcel ID 01 N. Elm Street, Suite 201 8304 Bald Eagle Lane R03700.004-147-002; R03700-004-148-000; City, State, Zip City, State, Zip Greensboro, NC 27401 Wilmington, NC 28411 R03700-004-189-000 Phone Phone (336)274-8531 910)279-9920 Email Email ccarlock@thecarrollcompanies.com y_hep@yahoo.com Case Number Reference: F4-!fl Date/'lime received: 12/2/2024 4:59 PM Received by: Robert Farrell This document was willfully executed on the Zh p( day of �GC.t!�W1� _ _ , 202-q_ --=kL,Ze1,Y Owner 1 Signature Owner 2 Signature Board of Commissioners - February 3, 2025 09114 ITEM: 8 - 9 - 18 Print Form NEW HANOVER COUNTY PLANNING & LAND USE AUTHORITY FOR APPOINTMENT OF AGENT 230 Government Center Drive Suite 110 Wilmington, NC 28403 910-798-7165 phone 910-798-7053 fax www.nhegov.com Please note that for quasi-judicial proceedings, either the land owner or an attorney must be present for the case at the public hearing. The undersigned owner does hereby appoint an authorized the agent described herein as their exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and/or an appeal of Staff decisions applicable to the property described in the attached petition. The Agent is hereby authorized to, on behalf of the property owner: l . Submit a proper petition and the required supplemental information and materials 2. Appeal at public meetings to give representation and commitments on behalf of the property owner 3. Act on the property owner's behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning Ordinance. ,Agent Information Property Owner(s) Subject Property Name Owner Name Address Gary K. Shipman Herbert E. Parham N/A Company Owner Name 2 City, State, Zip Shipman & Wright, LLP Wilmington, INC 28411 Address Address Parcel ID 575 Military Cutoff Rd. Ste. 106 8304 Bald Eagle Lane R03700-004-147-002; R03700-004-148-000; City, State, Zip City, State, Zip Wilmington, NC 28405 Wilmington, NC 28411 R03700-004-189-000 Phone Phone (910) 762.1990 910) 279-9920 Email Email gshipman@shipmanlaw.com Information y_hep@yahoo.com (Staff 011I.N) Case Number Reference: Date/Time received: Received by: Robert Faff ell Eff] F12/2/2024 4:59 PM This document was willfully executed on the Zyd day of De-6nyt,b cv- - , 20 Im -� caner 1 Signature Owner 2 Signature Board of Commissioners - February 3, 2025 09' 14 ITEM: 8 - 9 - 19 Print'Form NEW HANOVER COUNTY ray 4 PLANNING & LAND USE A UTHORITY FOR APPOINTMENT OF AGENT 230 Government Center Drive Suite 110 Wilmington, NC 28403 910-798-7165 phone 910-798-7053 fax www.nhegov.com Please note that for quasi-judicial proceedings, either the land owner or an attorney must be present for the case at the public hearing. The undersigned owner does hereby appoint an authorized the agent described herein as their exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and/or an appeal of Staff decisions applicable to the property described in the attached petition, The Agent is hereby authorized to, on behalf of the property owner: 1. Submit a proper petition and the required supplemental information and materials 2. Appeal at public meetings to give representation and commitments on behalf of the property owner 3. Act on the property owner's behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning Ordinance. Agent Information Property Owner(s) Subject Property Name Owner Name Address Paramounte Engineering, Inc. Herbert E. Parham N/A Company Owner Name 2 City, State, Zip Wilmington, NC 28411 Address Address Parcel ID 122 Cinema Drive 8304 Bald Eagle Lane R03700-004-147-002; R03700-004-148-000; City, State, zip City, State, Zip Wilmington, NC 28403 Wilmington, NC 28411 R03700-004-189-000 Phone Phone (910)791-6707 910)279-9920 Email Email aengebretson@paramounte-eng.com y_hep@yahoo.com lCaseumber Reference: S24-04 Date/Time received: F1 2/2/2024 4-59 PM Received by: Robert Farrell This document was willfully executed on the 2k%o( day of t7 e Gr , 20 21- Owner 1 Signature Owner 2 Signature Board of Commissioners - February 3, 2025 09/ 14 ITEM: 8 - 9 - 20 Print Form 0 NEW HANOVER COUNTY PLANNING & LAND USE AUTHORITY FOR APPOINTMENT OF AGENT 230 Government Center Drive Suite 110 Wilmington, NC 28403 910-798-7165 phone 910-798-7053 fax www.nhcgov.com Please note that for quasi-judicial proceedings, either the land owner or an attorney must be present for the case at the public hearing. The undersigned owner does hereby appoint an authorized the agent described herein as their exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and/or an appeal of Staff decisions applicable to the property described in the attached petition. The Agent is hereby authorized to, on behalf of the property owner: 1. Submit a proper petition and the required supplemental information and materials 2. Appeal at public meetings to give representation and commitments on behalf of the property owner 3. Act on the property owner's behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning Ordinance. Agent Information Property Owner(s) Subject Property Name Owner Name Address See Page #2 for agents info Robert L. Yunaska Company Owner Name 2 City, State, Zip See Page #2 for agents info Address Address Parcel ID See Page #2 for agents info 6777 Market Street See Page #2 for details City, State, Zip City, State, Zip See Page #2 for agents info Wilmington, NC 28405 Phone Phone See Page #2 for agents info (910) 547-0478 Email Email See Page #2 for agents info yunaska.inc@gmail.com Case Number Reference: Date Time recrived: 4:59 PM Received by:2/2/2024 Robert Farrell FO!This document was willfully executed on the ay of November Owner 2 Signature 24 20_ Board of Commissioners - February 3, 2025 09/14 ITEM: 8 - 9 - 21 New Hanover County Planning & Land Use Authority for Appointment of Agent Page #2 Agent(s) Information: Name: Gary K. Shipman, Attorney Company: Shipman & Wright, LLP Address: 575 Military Cutoff Rd, Suite 106, Wilmington, NC, 28405 Phone: 910-762-1990 Email: �shg ipman wshipmanlawcom w. Name: Bayshore Townhomes, LLC Company: Address: 201 North Elm Street, Suite 201, Greensboro, NC, 27401 Phone: (336) 274-8531 Email: ccarlock(cbtliecarrollcompanies.com AND; Name: Paramounte Engineering, Inc. Company: Address: 122 Cinema Drive, Wilmington, NC 28403 Phone: 910-791-6707 Email: aengebretson@paramounte-eng.com Parcel ID and Description: Applicable ONLY to the—1,000sq\ northern tip of Master Parcel ID# R03600-006-082-000 which is under contract for sale (visible on the attached map). No other portion of the Master Parcel shall be subject to this application. /,�A'�Kgnature--�� Board of Commissioners - February 3, 2025 ITEM: 8 - 9 - 22 ITEM: 8 - 9 - 23 Bayshore Townhomes 8100 Block of Market Street SUP Narrative & Supplemental Information Ownership B-2 Parcels: R03600-005-006-002 (± 0.39 AC) R03600-005-007-000 (± 2.82 AC) Owner: Bee Safe Porters Neck LLC 201 North Elm Street, Suite 201 Greensboro, NC 27401 R-15 Parcels: R03700-004-147-000 (± 20.31 AC) R03700-004-148-000 (± 2.12 AC) R03700-004-189-000 (± 7.79 AC) Owner: Herbert E Parham 8304 Bald Eagle Lane Wilmington, NC 28411 Applicant Information Bayshore Townhomes, LLC 201 North Elm Street, Suite 201 Greensboro, NC 27401 Agent Information Shipman & Wright, LLP Gary K. Shipman 575 Military Cutoff Rd, Suire 106 Wilmington, NC 28405 gshipman(C7shipmanlaw.com 910-762-6752 Paramounte Engineering, Inc. 122 Cinema Drive Wilmington, NC 28403 aenaebretson(c-bDaramounte-ena.com 910-791 -6707 Proposed Zoning, Use(s), & Narrative Please list the proposed use(s) of the subject property and provide the purpose of the special use permit and a project narrative. The Applicant is proposing to construct the "Bayshore Townhomes" project, a development consisting of 304 residential units and up to 1,800 square feet (sf) of commercial space. Located in the 8100 block of Market Steet in Porters Neck, the subject property consists of approximately 33.43 acres (ac) and was previously used as a landscape contracting business and farm/tree nursery. The property is split zoned with the +3.21 ac property area fronting Market Street being zoned B-2 and the remaining +30.22 ac area being zoned R-15. There is approximately 1000 sf of 1-1 zoned property (a portion of Parcel R03600-006-082-000) located between the B-2 and R-15 parcels that the applicant is under contract to purchase pending approval of the requested SUPS. This 1-1 parcel provides vehicular, Board of Commissioners - February 3, 2025 ITEM: 8 - 10 - 1 pedestrian, and utility/stormwater conveyance between the B-2 and R-15 properties. The 1-1 property is not seeking any SUP approval. The 1-1 parcel may be allowed access to this project, but no plans are provided herein. Since the zoning regulations applicable to the project vary depending on the subject zoning district, two separate Special Use Permits (SUP) are required. One SUP is required to allow for residential units in the B-2 zoning district, while the second SUP is requested for additional dwelling allowance in the +30.22 ac R-15 zoned property. While two SUPS are required to develop the proposed project, the entire +30.43 ac. property is master planned as a cohesive mixed -use project. Conditions proposed by the applicant within this application request ensure that both SUPS depend on the other to be approved or the project will not move forward as proposed. The entire project will be combined under common ownership and subjected to covenants and restrictions consistent with the conditions imposed by the SUP. In an effort to better explain the project and reduce redundancy, this narrative provides an overview of the master planned development while also providing proposed conditions and criteria responses for each of the specific SUP requests. CZ� R- iEt O&I d R-15 \h f ah �• '. �.. B-2 &2 Area\. �•�; !. Mixed -Use SUP SI 2 a� Overall Project: Boundary f ezo a.z ego I _ i R-15 R-2 A R-15 R-15 Area R1s G / — Additional Density SUP "' s R-15 spRj�Erii;N� y♦ �` . . R-20 _1H Zoning Map Project History and Plan Revisions Since the applicant's previous conditional rezoning development proposal was withdrawn for the subject site in December 2023, we worked with local professionals to refine plans based on the feedback received during the conditional rezoning process. The overall residential units have been reduced by 44 units from 348 units to 304 units. The developer is pursuing a mixed -use SUP on the ±3.21 acre B-2 portion of the property to provide a mixture of uses and cluster more of the project density closer to Market Street within the Comprehensive Plan's Porters Neck Growth Node. This mixed -use development includes no more than 1,800 square feet of commercial and apartments, up to 62 apartment units. In other words, 9% of the site area is now proposed to house 20% of the proposed homes and provides a housing product diversity not previously included in the project. Because the B-2 area apartment units are clustered in fewer buildings than previously proposed, the project now has more usable open space within the B-2 area allowing a fully integrated multi -modal connection to recreation and green space within the B-2 parcels as well as to the more extensive R-15 recreation and open space areas. The remaining +30.43 acre R-15 parcels contain the remainder of the 242 units as rowhouse-style townhomes. The proposed development pattern creates a transition of land uses from the more intense commercial and apartment uses near Market Street to the residential townhomes in the residentially zoned Board of Commissioners - February 3, 2025 ITEM: 8 - 10 - 2 rear portion of the subject property. Wider than required vegetated buffers provide additional protection of views from and to adjacent properties. Additional amenities and stormwater facilities are now better defined and designed. A clubhouse with property management office, community resort -style pool, cabanas, summer kitchen, fitness area, club lounge, and coffee bar provide a central hub for recreation in the community. The interconnected sidewalks down tree -lined streets and wooded nature trails provide pedestrian access from all units to the club amenities as well as other recreation areas, including pickleball courts and an enclosed dog park. As the design of this property progressed, we now have refined engineering design for stormwater facilities and utilities. Building on the comments received during the conditional rezoning meetings and hearings, we now have designed for the drainage swale to allow existing off -site stormwater from neighboring properties to move through the subject site unimpeded and with a more defined outfall. This will promote better drainage of the now affected surrounding properties. Drainage and utility plans illustrating the engineering design elements are included with this application. Current Plans The current SUP proposals create a master planned neighborhood of mixed housing types, amenities, and commercial space. Of the 304 residential units, a maximum of 62 apartments will be constructed in at least two buildings located within the B-2 zoning along Market Street. Because of site's topography in the location of the commercial use, final design may show a separation of the commercial and residential portions of Building 1. This means the B-2 area would still be mixed use, and would have a maximum of 3 buildings with no change to proposed area/unit caps for either use. The building fronting Market Street is mixed -use and contains no more than 1,800 sf and no less than 1,700 sf of commercial space. The commercial space spans the portion of the building facing Market Street with residential units on the second and third floor of this mixed -use building. All residential -only buildings are proposed with 3 floors of residential units. (The B-2 district allows 3 stories or 50' height and the R-15 district allows a maximum of 40' height. All project roads will be privately maintained. The applicant will comply with height and story limits in the respective districts). The mixed -use B-2 development is completely encompassed by sidewalks promoting pedestrian access to and from units to the open spaces under existing specimen live oaks. Seating and multi -use recreation areas as well as landscaping are integrated into the site design promoting views of landscaped greenspace from all units. The remaining 242 residential units located in the R-15 property are two and three story townhomes promoting walking and interaction with neighbors while limiting vehicular /pedestrian conflict through design. We pulled the homes close to the wide, tree -lined sidewalks to create a walkable neighborhood. The rear accessed motor court with surface parking primarily for residents and access to the in -unit garages creates a protected core to each townhome block reducing the pedestrian/vehicular conflicts that occur in most neighborhoods in which homes garages and driveways are front loaded. The curated streetscape links all the units to the central clubhouse and recreation hub of the community as well as the pickleball courts, dog park, playground, wooded trails, and other open space amenities. Parallel parking along the streets provides overflow parking and visitor parking in close proximity to the townhomes. The design provides parking that meets or exceeds the minimum parking requirements as well as the open space requirements. The wide variety of amenities mix passive and active recreation opportunities to encourage a healthy and active community within the neighborhood. In fact, every unit is less than 1/4 mile away from multiple open space areas and recreation opportunities. The site is comprised of a mixture of open grassed & wooded areas. Wetlands along the creek are vegetated and will remain undisturbed outside of any wetland impacts permitted for construction of the development's essential site improvements. Thick wooded areas are both deciduous and evergreen trees and shrubs and exist primarily around the property boundaries and wetlands. Internal portions of the site feature sporadic trees with a managed understory of mowed grassed land. The site design works to wooded areas along property boundaries to the extent possible, but specifically within the R-15 land. The project has wide buffers around the project periphery leaving or augmenting the existing wooded vegetated edge at the property lines. The buffers vary in width, but all exceed the minimum requirement. In addition, the proposed buildings far exceed required setbacks, and increased buffers have been provided along the Board of Commissioners - February 3, 2025 ITEM: 8 - 10 - 3 perimeter of the project to help reduce impacts to adjacent homes. Both the widened buffers and increased setbacks pull the units away from the neighboring properties to protect views. The site design also offers well thought-out infrastructure, including stormwater management both for the proposed neighborhood and for the existing drainage coming onto the site from surrounding properties. During previous planning efforts and community outreach, we heard a variety of concerns about the surrounding lands not draining well. In coordination with NHC Engineering and with additional survey of the property, we propose a drainage swale running from the existing pond on site to the natural outfall, the creek on the southeast of the site. This allows water to better drain, unimpeded, from surrounding properties through this site and to the natural outfall. The existing 404 wetlands will be preserved, outside of a road crossing to access the R-15 land on a road compliant with NHC standards. Proposed stormwater ponds to handle the proposed development are designed to exceed the NHC minimum stormwater requirements, providing additional flood control and promoting responsible development practices for this project and surrounding neighborhoods. The project proposes access from Market Street and to keep through traffic out of adjacent neighborhoods. While there are two existing road stubs to the project, the Porters Crossing road connection on the eastern property boundary stubs into a NHC conservation overlay district (COD). As such, this project leaves the COD intact and avoids making this road connection. The adjacent Porters Pointe neighborhood has a road stub on the northern property boundary at the Brays Drive connection. A secondary access is proposed at this location for emergency -only access. It will have a siren activated, Knox Box, or Knox Lock gate to prevent non -emergency vehicles from traveling through Porters Pointe to Porters Neck Road. The road connection has been previously discussed with New Hanover County Fire Marshal's office and the design will be further defined and submitted for New Hanover County Planning and Fire Marshal review and approval as part of design development documents for this project. A Traffic Impact Analysis (TIA) was previously approved in 2023 for 348 units on the R-15 portion of the site. The TIA approval letter recommended two major improvements to Market Street: a signalized left turn/U-turn at Cypress Pond Way adjacent to Food Lion, and an extension to the existing right turn lane leading to Porters Neck Road. These improvements exceed those identified by the TIA and not only mitigate project impacts but improve overall performance of the system. The signal will allow enhanced traffic circulation for cars making the left to the Food Lion shopping center or a U-turn to access the Medac or other commercial businesses and professional offices in the area. The extended right turn lane will not only provide right turn lanes for the existing uses between the ABC Store and Porters Neck Road but also a means for vehicles accessing Porters Neck Road to bypass vehicles destined for Hampstead which are waiting for the signal to proceed northward. The TIA modification to reflect the lessened unit count and added commercial retail use is in the process of being reviewed. The modification confirms that the previously required improvements are still appropriate for the revised unit count and commercial space for the overall project. The project offers much needed housing close to goods and services and increases housing stock to lessen our documented housing shortage. Per the City of Wilmington & New Hanover County's 2022 Housing Needs Assessment Update: "There is an estimated overall housing gap of 12,147 rental units (up from 70,776 units in 2020) and a gap of 16,875 for -sale units (up from 13,017 units in 2020) within the county over the next 10 years. These both represent increases in housing gaps since the 2020 study, with the rental housing gap increasing by 7,377 (72.7%) and the for -sale housing gap increasing by 3,858 (29.6%) over the past two years." Board of Commissioners - February 3, 2025 ITEM: 8 - 10 - 4 CSA (New Table 5 Hanover County) Housing Segment Housing Gap Estimates — Number of Units Needed Current Units Needed Original Percent of AMH1 Annual Income' ' I I I I I I c 30% c $25,560 c $639 2,344 2,797 31%-50% S25,561442,600 $64041,065 1,792 1,968 51%-60% S42,601451,120 S1,06641,278 1,772 1,231 61%-80% S51,121468,160 S1,27941,704 2,359 1,431 81%-120% $68,1614102,240 S1,705-$2,256 3,002 1,796 121%+ S 102,241+ $2,557+ 878 1,563 TOTAL UNITS 12,147 10,776 c 30% c $25,560 L $85,200 1,294 1,228 31%-50% S25,561-$42,600 S85.201-S142.000 1,670 862 51%-60% S42.601451,120 S142,001-$170,400 1,784 1,165 C 61%-80% S51,121469,160 S170,401-$227,200 2,216 1,471 81%-120% S68,1614102,240 S227,201-$340,800 3,746 3,659 121%+ S 102,241+ $340,801+ 6,165 4,632 TOTAL UNITS 16,875 13,017 Note: Number of units assumes product is marketable, attordable and in a marketable location. Variations of product types will impact the actual number of units that can be supported. Additionally, incentives and/or government policy changes could encourage support for additional units that exceed the preceding projections. This project has been diligently designed to enhance New Hanover County's housing offerings while also adding traffic improvements to the Market Street corridor. The design, craftsmanship, materials, and finishes will all be commensurate with New Hanover County's finest communities and in keeping with the standards the applicant sets as a company. About the Applicant The Applicant is a multifamily development division of The Carroll Companies, and will follow the visions and directives of its President and CEO, Roy E. Carroll, whose achievements and national recognition are directly attributable to the care and attention that he and his companies provide to each project they undertake. The Carroll Companies has developed and continues to develop prestigious properties throughout the Carolinas, and also operates in Tennessee, Texas, Florida, and Montana. The Applicant and The Carroll Companies are looking forward to expanding their presence in New Hanover County, one of North Carolina's most vibrant areas, as amplified by The Carroll Companies' "The Avenue" project located on Military Cutoff. The Applicant and The Carroll Companies are sensitive to the concerns regarding the proper development of remaining acreage in New Hanover County, and have designed this project with those concerns in mind. As with all of our projects, quality and protection of the surrounding environment are a cornerstone of this proposed project. B-2 SUP — Residential Units in the B-2 District The following proposed conditions and criteria response relate to the area of the project zoned B-2. Proaosed Conditions (B-2 1. Any Special Use Permit ("SUP") pertaining to the subject site (area zoned B-2) shall not be effective without the approval of the separate SUP pertaining to the portion of the overall project currently zoned R-15. 2. Any property currently zoned 1-1 is not part of the SUP requests, but the SUP pertaining to the subject site shall not be valid without use of the land zoned 1-1 for vehicular, pedestrian, and utility/infrastructure connectivity to the portion of the overall project currently zoned R-15. 3. The property comprising of the overall project will be combined under common ownership, and the project thereafter will be master planned and developed as such pursuant to the provisions of the subject Board of Commissioners - February 3, 2025 ITEM: 8 - 10 - 5 SUPS. The combined properties shall be subjected to the provisions of covenants and restrictions consistent with the conditions imposed by either SUP within the land's respective zoning. 2. Prior to construction, plans for the project shall clearly identify all access, utility, and stormwater easements between the subject site and through those portions of the property currently zoned 1-1 and R- 15. 3. Areas of buffer and open space outside of essential site improvements and easements will preserve existing trees that are not dead, dying, or otherwise hazardous. 4. Buildings will be a maximum of three stories and a maximum of 50' height in the B-2 parcels. Criteria Required for Approval of a Special Use Permit (B-2) 1. The use will not materially endanger the public health or safety if located where proposed and approved. a. The proposal will not materially endanger the public health or safety. The traffic infrastructure required by the approved TIA will be completed prior to project completion and will enhance the safety of this portion of Market Street. b. The stormwater infrastructure that will be installed with development of this project will aid the flow of stormwater through this site, and therefore, away from adjoining properties. c. The proposed development will comply with all local, State, and Federal regulations. d. A Traffic Impact Analysis will be completed for the overall project, and the required roadway improvements will be constructed in accordance with NCDOT standards, and will enhance the safety of this portion of Market Street for traffic going in both directions. e. The project will be served by CFPUA for both water and sewer services. f. Stormwater facilities will be installed in accordance with New Hanover County and State standards. g. The proposed mixed -use commercial and multi -family residential housing is less intense than what could be developed by -right in the B-2 zoning district (gas stations, auto repair, commercial shopping centers, etc.) under the Unified Development Ordinance. h. Soil and erosion control will be designed and permitted in accordance with state and local requirements. The implementation of the design will be monitored by the applicant, applicant's site contractors, and by regulators to assure compliance with the permit thereby protecting the water supply as well as surface waters. Since this site drains to SA/HWQ waters, erosion control measures will be designed for the 25-year storm event to further protect sensitive waters, additional measures may be employed to assure compliance with the permit. i. The Applicant and Contractor will obtain and comply with all necessary permits and monitor construction activities to avoid possible adverse effects on air quality. 2. The use meets all required conditions and specifications of the Unified Development Ordinance. a. The proposed use will comply with all conditions and specifications of the Unified Development Ordinance, including the specific use standards listed in Section 4.3.2.A.2.b of the code: i. The proposed project will include a mixture of uses that are unified into a single development. ii. The proposed development shall be under single ownership or unified control by the applicant/ a property owners association/ a property management group. iii. The proposed uses within the development shall be restricted to residential uses and commercial uses allowed in the B-1 district. These are less intense uses than the current B-2 zoning allows by -right. iv. Sidewalks will be provided throughout the project and connect to the rear R-15 portion of the master planned project to promote use of project amenities and open space. v. The provided parking shall be shared. All B-2 area uses will provide parking to support the uses on within the B-2 parcels. Board of Commissioners - February 3, 2025 ITEM: 8 - 10 - 6 vi. Community facilities and/or common area will be provided. vii. A mixture of uses with commercial and residential apartments is proposed along Market Street. The proposed commercial space will be located closest to Market Street. viii. Conceptual building elevations have been provided. Exterior lighting shall comply with the standards of the Unified Development Ordinance. 3. The use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. a. The proposal will not substantially injure the value of adjoining or abutting property. The applicant will provide an appraiser's report from a well respected and local MAI appraiser, Brad White, that confirms this. Traffic associated with this use will not travel through any of the adjacent residential subdivisions, and only emergency vehicles will be able to access the adjacent Porters Pointe subdivision through a gate. Great attention has been paid by the applicant to maintain existing vegetative buffers between the project area and the adjacent residential subdivisions. The drainage infrastructure associated with this proposed project will allow water to better drain, unimpeded, from surrounding properties through this site and to the natural outfall. The existing 404 wetlands will be preserved, outside of a road crossing to access the R-15 land on a road compliant with NHC standards. Proposed stormwater ponds to handle the proposed development are designed to exceed the NHC minimum stormwater requirements, providing additional flood control and promoting responsible development practices for this project and surrounding neighborhoods b. The adjacent portion of the Market Street corridor has been developed as a commercial node containing many big box retailers, restaurants, and medical offices. This proposed plan offers a transition of uses from the commercial corridor to multi -family apartments. c. The proposed residential housing is less intense than what could be developed by -right in the B-2 zoning district (gas stations, auto repair, commercial shopping centers, etc.). 4. The location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the New Hanover County Comprehensive Plan. a. The proposal will be in harmony with the area and in general conformity with the New Hanover County Comprehensive Plan. b. The subject site is classified as Urban Mixed Use on the Future Land Use Map included in the 2016 Comprehensive Plan. In addition, the property falls within the Porters Neck Growth Node. c. The Urban Mixed Use classification promotes a mixture of residential, office, and commercial uses at higher densities and intensities. Mixed uses are encouraged on the same parcel in this classification, but they can also be adjacent to each other and separated by roadways in a horizontal pattern. For residential uses, multi -family housing is encouraged, though higher density single-family housing, such as rowhouse/townhouse development, is not prohibited. Urban Mixed Use areas promote the highest densities in the County and are where multi -family housing consistent with the RMF-H zoning district requirements, which allows up to 36 dwellings units per acre, would be most appropriate. The applicant's proposed B-2 development with a density of 19.31 du/ac is far below the highest allowable densities in Urban Mixed Use areas. d. Growth nodes are areas of concentrated development, having higher intensities and densities than the surrounding area. High -density development is promoted in these areas that will promote pedestrian activity and alternative transportation options. Board of Commissioners - February 3, 2025 ITEM: 8 - 10 - 7 R-15 SUP — Additional Density Allowance The following proposed conditions and criteria response relate to the area of the project zoned R-15. Proposed Conditions (R-15) 1. Any Special Use Permit ("SUP") pertaining to the subject site (area zoned R-15) shall not be effective without the approval of the separate SUP pertaining to the portion of the overall project currently zoned B-2. 2. Any property currently zoned 1-1 is not part of the SUP requests, but the SUP pertaining to the subject site shall not be valid without use of the land zoned 1-1 for vehicular, pedestrian, and utility/infrastructure connectivity to the portion of the overall project currently zoned B-2. 3. The property comprising of the overall project will be combined under common ownership, and the project thereafter will be master planned and developed as such pursuant to the provisions of the subject SUPS. The combined properties shall be subjected to the provisions of covenants and restrictions consistent with the conditions imposed by either SUP within the land's respective zoning. 4. Prior to construction, plans for the project shall clearly identify all access, utility, and stormwater easements between the subject site and through those portions of the property currently zoned 1-1 and B- 2. 5. Areas of buffer and open space outside of essential site improvements and easements will preserve existing trees that are not dead, dying, or otherwise hazardous. b. Buildings will be a maximum of three stories and will not exceed 40' height 7. Access to and from Brays Drive shall be gated and restricted to emergency vehicles only. 8. Buffers between the project and adjacent residential neighborhoods shall exceed minimum requirements. Buffers vary in width. 9. Bicycle and pedestrian infrastructure shall be installed up to the property line where the project road connects to Brays Drive. 10. An overland relief path (swale) within a public drainage easement will be provided from the existing pond to the proposed outfall. Coordination with NHC Engineering will be conducted during the stormwater permitting process for the project in order to determine the specific design of the relief path and easement. Criteria Required for Approval of a Special Use Permit (R-15) 1. The use will not materially endanger the public health or safety if located where proposed and approved. a. The proposal will not materially endanger the public health or safety. The traffic infrastructure that will be completed will enhance the safety of this portion of Market Street. Approved Traffic Impact Analysis will dictate the improvements required for the developer to install and they will be installed prior to completion of construction. b. The stormwater infrastructure that will be installed will aid the flow of stormwater through this site, and therefore, away from adjoining properties. c. The proposed development will comply with all local, State, and Federal regulations. d. The project will be served by CFPUA for both water and sewer services. e. Stormwater facilities will be installed in accordance with New Hanover County and State standards. f. A overland relief path within a public drainage easement will be provided from the existing pond to the proposed outfall. g. Soil and erosion control will be designed and permitted in accordance with state and local requirements. The implementation of the design will be monitored by the applicant, applicant's site contractors, and by regulators to assure compliance with the permit thereby protecting the water supply as well as surface waters. Since this site drains to SA/HWQ waters, erosion control measures will be designed for the 25-year storm event to further protect sensitive waters, additional measures may be employed to assure compliance with the permit. Board of Commissioners - February 3, 2025 ITEM: 8 - 10 - 8 h. The Applicant and Contractor will obtain and comply with all necessary permits and monitor construction activities to avoid possible adverse effects on air quality. 2. The use meets all required conditions and specifications of the Unified Development Ordinance. a. The proposed use will comply with all conditions and specifications of the Unified Development Ordinance, including the specific use standards listed in Section 3.1.3.E of the code. Per this UDO section: i. The proposed use complies with the maximum density standard of 10.2 du/ac permitted with the Additional Dwelling Allowance in the R-15 zoning district. ii. No AE or VE floodplain impacts will occur with this project since it is located in Zone X. iii. The subject site is contiguous to a Urban Mixed Use Place Type. The site is also part of the Land Use Plan's Identified Growth Node for Porters Neck. The proposed use has direct access to and from an existing major arterial street (Market Street)The proposed use provides a minimum of 35% open space and includes constructed recreation amenities throughout the proposed development. iv. The proposed use will connect to public water and sewer and comply with all regulatory standards of the UDO and state and local permits v. The proposed use will not exceed a maximum of 40% impervious surfaces on the property. vi. The proposed use shall comply with all applicable setback, parking, and landscaping requirements. No structure will exceed 40' height, the maximum dictated for the R-15 district by the UDO. 3. The use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. a. The proposal will not substantially injure the value of adjoining or abutting property. The applicant will provide an Affidavit from a well -respected and local MAI appraiser that confirms this. Traffic associated with this use will not travel through any of the adjacent residential subdivisions, and only emergency vehicles will be able to access the adjacent Porters Pointe subdivision through a gate. Great attention has been paid by the applicant to maintain existing vegetative buffers between the project area and the adjacent residential subdivisions. The drainage infrastructure associated with this proposed project will allow water to better drain, unimpeded, from surrounding properties through this site and to the natural outfall. The existing 404 wetlands will be preserved, outside of a road crossing to access the R-15 land on a road compliant with NHC standards. Proposed stormwater ponds to handle the proposed development are designed to exceed the NHC minimum stormwater requirements, providing additional flood control and promoting responsible development practices for this project and surrounding neighborhoods b. The adjacent portion of the Market Street corridor has been developed as a commercial node containing many big box retailers, restaurants, and medical offices. c. Buffers beyond minimum requirement in width and vegetation density will be provided along adjacent residential homes. The location of existing site features such as existing ditches and pond help assure additional setback of structures, protect views for adjacent properties, and promote clustering the housing farther from the property line than is required. d. The proposed plan transitions uses from commercial along Market Street to multi -family apartments to townhomes. e. Because proposed uses are similar to those of surrounding properties, hours of operations and activities are compatible. f. Housing in all product types is a documented need according to the City/New Hanover County joint housing study. This project promotes complementary commercial and residential uses located next to each other all while offering a diversity of housing types near the goods and services of the Porters Neck Growth Node. Board of Commissioners - February 3, 2025 ITEM: 8 - 10 - 9 g. Access will be provided only from Market Street and not through adjacent neighborhoods (except for emergency vehicles on Brays Drive). 4. The location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the New Hanover County Comprehensive Plan. a. The proposal will be in harmony with the area and in general conformity with the New Hanover County Comprehensive Plan. b. The proposed development offers a transition of residential housing types between Market Street and existing R-15 development. Townhomes are appropriate in the General Residential classifications and help achieve Goal XV of the Comprehensive Plan that encourages the development of a range and diversity of housing types. c. The proposed density of 8.37 du/ac excluding the conservation overlay district and density of 8.0 du/ac including the conservation overlay district in the density calculation reflects compliance with both the UDO and County's Comprehensive Plan. The project offers an appropriate blend of the recommendations of the General Residential place type and the Porters Neck Growth Node. d. The subject site is classified as Urban Mixed Use on the Future Land Use Map included in the 2016 Comprehensive Plan. In addition, the property falls within the Porters Neck Growth Node. e. The Comprehensive Plan supports increased density in Growth Nodes (Goal III) f. Growth nodes are areas of concentrated development, having higher intensities and densities than the surrounding area. High -density development is promoted in these areas that will promote pedestrian activity and alternative transportation options. g. By transitioning the uses within the project from commercial along the Market Street commercial corridor to multi -family apartments to townhomes to open space and stormwater adjacent to the surrounding residential neighborhoods, this project steps down proposed land use intensities. Contrary to the development patterns of traditional single-family neighborhoods found throughout the County in which land is allowed to be cleared to the property line with little to no buffers required, this proposed in -fill project carefully balances the clustering of density away from property lines and exceeds minimum County requirements to provide and enhance the existing vegetated buffers to protect the character and development pattern surrounding the site. Board of Commissioners - February 3, 2025 ITEM: 8 - 10 - 10 r�ir k • ty _ yti � a~ • R� � • fFv' - r � r .� '� �- T � •fir � -� M1�! — � � � • J� � �. _ _� "".•tom _ �ds� ap McFL it #- P •� _ --_. r k t• •. z • yr, ;ram Conceptual Elevation for BayshoreTownhomes Commercial Located in B-2 Mixed -Use L4 Conceptual Elevations shorn for ge nera I refer-e nce to deli gn intent a nd m ate rra Is sele ction BtjiIdings may vary pending final design; 60, r F at. rt alp- r • s IL pit ap }' t ' -djS06. Wim y J Conceptual EIe ation for Bays h o re Town h om es M u Iti-fa m i l Located in B-2 Mixed -Use .. -%'r+r Conceptual Elevations shown for general refe re noe to design intent and mate ris s selection; 8u I Flings may nary pending fi ne l twig n; ..-T ,V2 5 A I� 5 Il 1� fill H �� II �_ 6, - _- F r� Board of Commissioners - February 3, 2025 ITEM: 8 - 11 - 3 IF II I U li I r I jl L gad" O.M n 1� 11 P ;= �d P401 IA d F 1� u 11 -Ana 1 1-44 :0,owk %LN, 0 = MEMO oil II _ 11 �� �;+ Market Street Town homes Wilmington, NC PREPARED FOR: CIP Construction Company December 2, 2022 PROJECT # 220248 wj�w �w °v 4) DAVENPORT Board of Commissioners - Februal SR2 ITEM: 8 - 12 - 1 DAVENPORT Transportation Impact Analysis Market Street Townhomes Wilmington, NC Prepared for CI Construction Company December 2, 2022 Analysis by: Sam Starks Drafting/Graphics by: Sam Starks Reviewed by: AJ Anastopoulo, P.E. Erin Govea, P.E. Sealed by: AJ Anastopoulo, P.E. CAy SEAL 01 6 6 N 0 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: Wilmington Regional Office: Serving the Southeast since 2002 119 Brookstown Aver Suite PHI 5917 Oleander Drive, Suite 206 Winston-Salem, NC 27101 VVilmington, NC 28403 Maim 336.744,1636; Fax: 336.458.9377 Main: 910 2-51 .8912: Fax. 336.458.9377 Board of Commissioners - February 3, 2025 ITEM: 8 -12-2 DAVENPORT EXECUTIVE SUMMARY The proposed residential development is located east of Market Street and south of the intersection of Brays Drive and Shackleford Drive in Wilmington, NC. The proposed development is planned to consist of up to 348 townhomes. The expected build -out year for this development is 2024. Information regarding this property was provided by CIP Construction Company. Two scenarios were analyzed for this Transportation Impact Analysis (TIA). Scenario A analyzed two access points for the development. The first access point, which is right-in/right-out (RIRO), will be located along Market Street approximately 325 feet south of Cypress Pond Way. The second access point will be a new connection extending Brays Drive. In Scenario B, only the first access point along Market Street will be used, while the access point to Brays Drive will be used for emergency access only. 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 TIA was performed based on the scope agreed upon with the Wilmington Metropolitan Planning Organization (WMPO) and the North Carolina Department of Transportation (NCDOT). This site has a trip generation potential of 2,306 daily trips, 131 trips in the AM peak hour, and 170 trips in the PM peak hour. Based on the capacity analysis, recommendations have been given where necessary to mitigate the impacts of future traffic. Improvements are summarized in Table A and Figure A. In conclusion, this study has determined the potential traffic impacts of this development. Recommendations have been given to accommodate these impacts. 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 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. 12/2/2022 220248 Market Street Townhomes Board of Commissioners - February 3, 2025 ITEM: 8 - 12 - 3 DAVENPORT • No improvements • No improvements • recommended recommended • Extend northbound left turn • Extend northbound left turn • - • • lane storage by 50 feet to 300 lane storage by 50 feet to 300 feet with appropriate taper. feet with appropriate taper. • No improvements • No improvements recommended recommended • No improvements • No improvements _ recommended recommended • Install northbound right turn Install northbound right turn lane with 150 feet of storage lane with 200 feet of storage and appropriate deceleration and appropriate deceleration and taper and taper • Design site drive according to • Design site drive according to applicable NCDOT and local applicable NCDOT and local standards. standards. 12/2/2022 220248 Market Street Townhomes Board of Commissioners - February 3, 2025 ITEM: 8 - 12 - 4 DAVENPORT Transportation Technical Memorandum Market Street Townhomes Wilmington, North Carolina Prepared for CIP Construction Company DAVENPORT Project Number 220248 Prepared and Reviewed and Sealed by AJ Anastopoulo, PE November 18, 2024 1.0 Introduction '��SS70I/Z ._ a- SEAL-.1444i/ �. 054666 �cAl N QOJV� DAVENPORT has prepared this technical memorandum to provide information and data to support the extension of the TIA approval letter for the Market Street Townhomes project. This project is located east of Market Street and south of the intersection of Brays Drive and Shackleford Drive in Wilmington, NC. 2.0 History DAVENPORT completed the TIA for the Market Street Townhomes site in December 2022. The TIA assumed 348 apartments with a build -out year of 2024. The TIA presented two access scenarios: One with a single right -in right -out access located on Market Street and a second scenario with the right -in right -out on Market Street and a secondary access as a proposed extension to Brays Drive. The final approval letter was received January 31, 2023, included in the supporting documents. The project was approved by the County Planning Commission in November 2023 and subsequently denied at the Commissioners meeting in January 2024. Since that time, the client has revised the land use to propose 304 apartments and 1,800 square feet of retail space for the site. The updated anticipated build -out year is 2027. A single right -in right -out access located on Market Street is proposed with the secondary Brays Drive access proposed to be gated emergency only. 3.0 Site Plan An updated conceptual site plan showing the land use is attached. 4.0 Trip Generation The Institute of Transportation Engineers (ITE) 11th Edition Trip Generation Manual was used to project the weekday daily, AM peak hour, and PM peak hour traffic that could be generated by the new proposed land use. No pass -by or diverted trips are assumed. The results of the trip generation based upon the updated land use are shown in Table 1. Table 2 provides the trip generation analyzed in the approved TIA and Table 3 provides a comparison between the updated land use trips and approved TIA trips. Hume uiii ,e: vvinni g on iKegic)ilai L:Ti c-e: Vi rig t-fie v j" 1i6 11 S1ri'Le GvUL 119 Brookstown Ave. Suite PH! 5917 Oleander Drive, Suite 206 NC License C-2522 Winston-Salem, NC 27101 Wilmington, NC 28403 Main: 336.744.1636, Fax: 336.458 9377 n: 910.2° 1 8912; a 336.4 8 9 Board o commissioners - e, ruary , 2025 ITEM: 8 - 12 - 5 Table 1- ITE Trip Generation: Updated Land Use Average Weekday Driveway Volumes Daily AM Peak HourW PM Peak Hour ITE Data Land Use Land Size Total Enter Exit Total Enter Exit Total Code Source Total Unadjusted Trips 2,330 34 92 126 107 67 174 Internal Capture Reduction" Internal Capture % - 1.6% 0.0% Total Internal Capture Trips - -1 -1 -2 0 0 0 Total Adjusted Trips 2,330 33 91 124 107 67 174 Table 2- ITE Trip Generation- Approved TIA Average Weekday Driveway Volumes Daily AM Peak Hour PM Peak Hour ITE Data Land Use Land Size Total Enter Exit Total Enter Exit Total P`-A- Source Total Trips in Approved TIA 2,306 31 100 131 107 63 170 Table 3- ITE Trip Generation Comparison Table Average Weekday Driveway Daily AM Peak Hour PM Peak Hour Volumes Total Enter Exit Total Enter Exit Total Difference (Updated Minus 24 2 -9 -7 0 4 4 Previous) 0 DAVENPORT Page 3 11/18/2024 Market Street Townhomes DAVENPORT Project No. 220248 Table 4 - Traffic Volume Count Location �K.Date Data Taken L Hour" Market Street at Hays Lane / Commercial Driveway 9/13/2022 Quality Counts Market Street at Cypress Pond Way 9/13/2022 Quality Counts Market Street at Porters Neck Road 9/13/2022 Quality Counts Porters Neck Road at Brays Drive 9/13/2022 Quality Counts The North Carolina Department of Transportation completed the Military Cutoff Road extension project in September 2023. The Military Cutoff Road extension provides a bypass to Market Street for vehicles traveling to/from locations north of the 1-140 ramp on Market Street to south of Military Cutoff Road. As the study intersections above are located within the portion of Market Street encompassed by this bypass, data indicates volumes along Market Street dropped since the initial counts taken in 2022. While new counts have not been collected at the study intersections above, DAVENPORT has counts on file for a nearby project at the intersection of Market Street and Wendover Lane, south of this proposed development. Counts at Market Street and Wendover Lane were collected in September 2021 (pre —Military Cutoff Extension opening) and December 2023 (post Military Cutoff Extension opening). Figures 1A and 1 B provide the through volumes on Market Street north of Wendover Lane for the two collection dates. Figure 1A: 2021 Peak Hour Volumes AMIPM 2021 PEAK HOUR VOLUMES -BEFORE MILITARY CUTOFF o N EXTENSION OPENING N li CD (V Denny's Wendover Access • o, Lane r � � Y Figure 1B: 2023 Peak Hour Volumes AMIPM 2023 PEAK HOUR VOLUMES -AFTER MILITARY CUTOFF EXTENSION OPENING Denny's Access i Ln N LO Wendover Lane It Cn N N The volumes above equate to a 36% and 21 % reduction in through volumes on Market Street in the AM and PM peak hours, respectively. As mentioned above, traffic counts utilized in the TIA were taken prior to the opening of the Military Cutoff Extension and a 1 % growth rate was applied to these volumes in the TIA. The data supporting that there has been a drop in volumes on Market Street since the opening of the Military Cutoff Extension makes the analysis in the approved TIA inherently conservative. Board of Commissioners - February 3, 2025 ITEM: 8 - 12 - 7 0DAVEMORT Page 4 11/18/2024 Market Street Townhomes DAVENPORT Project No. 220248 6.0 Site Access Scenarios As previously mentioned, the TIA presented two access scenarios: One with a single right -in right - out access located on Market Street and a second scenario with the right -in right -out on Market Street and a secondary access as a proposed extension to Brays Drive. The updated site plan proposes to have the secondary Brays Drive gated emergency only access, all site traffic will utilize the Market Street access. The analysis in the TIA indicated there is a minimal impact to delay and queues between the two different access scenarios. Based upon the NCDOT turn lane nomograph, there was a difference (150 feet vs 200 feet) in right -turn lane length recommended at the proposed Market Street site access in the TIA. The TIA approval letter required right turn lane mitigation beyond what was recommended in the TIA. Due to the negligible differential in performance, mitigation above the requirement for both scenarios and commentary from the Bray's Drive residents who maintain the private roadway, DAVENPORT recommends that Bray's Drive be provided as emergency only access. 7.0 Conclusion In conclusion, this memorandum compares the updated land use trip generation with the trip generation utilized in the January 2023 approved TIA. It has determined that there is an increase of twenty-four (24) daily trips, a decrease in seven (7) AM peak hour trips, and an increase in four (4) PM peak hour trips. The increase as a function of the updated land use is not significant. Additionally, the approved TIA analysis is conservative considering there has been a reduction in traffic volumes on Market Street from what was analyzed in the approved TIA. Considering this information, we respectfully request an extension to the TIA approval letter dated January 31, 2023 to an anticipated 2027 build year and a definitive recommendation for which access scenario is required. The improvements outlined in the TIA approval letter are acknowledged and accepted with no modifications requested. Please let us know if you need additional information. 4 Board of Commissioners - February 3, 2025 ITEM: 8 - 12 - 8 WM P0 December 4, 2024 Mr. A. J. Anastopoulo, RE DAVENPORT 5917 Oleander Drive, Suite 206 Wilmington, NC 28403 305 Chestnut Street Po Box 1810 Wilmington, NIC 28402 Ph: (910) 341-3258 Fax; (910) 341-7801 www.wmpo.org RE: REVISED Approval with conditions of the Traffic Impact Analysis (TIA) for the proposed Market Street Townhome Apartments development in New Hanover County, NC Dear Mr. Anastopoulo: The WMPO, NCDOT, and New Hanover County staffs have reviewed the Market Street Townhome Apartments TIA (sealed December 2, 2022) and Trip Comparison Memorandum (prepared by Davenport and sealed November 18, 2024). Based on the information provided and conversations held to date, it is our understanding that the proposed development has a build out year of 2027 2024 and will consist of: o ITE Land Use Code 220 - 304 DU up te 348 DIJ Multi -family (low-rise) residential o ITE Land Use Code 822 - 1,800 SF Strip Retail Plaza (<40 KSF) Two access scenarios were evaluated. Both Scenario A and Scenario B are viable access options as evaluated in the Transportation Impact Analysis (TIA). o Scenario A provides two access points: one at US 17 Business (Market Street) and one extending Brays Drive as a full -access connection. This configuration offers additional system -wide operational benefits by integrating the new development with the existing roadway network, facilitating connectivity with another neighborhood, and improving access to other system roadways. o Scenario B limits access to a single point at US 17 Business (Market Street), with Brays Drive serving as emergency access only. While this approach meets access and safety requirements, it lacks the broader connectivity and operational advantages of Scenario A. Based on the TIA, either scenario is acceptable from a traffic operations standpoint, and both satisfy the requirements for mitigating the development's traffic impacts. However, the additional connectivity and operational benefits offered by Scenario A make it the preferred option for optimizing long-term network performance. 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 • T6w06drQ,-6f ■ County of Brunswick County of Pender • Cape Fear Public TransportatirPEM1801itS t Yorth Carolina Department of Transportation Revised approval with conditions of Market Street Townhome Apartments (TIA) The following improvements are required of the developer: US 17 (Market Street) and Hays Lane/Commercial Driveway (Signalized intersection) • No improvements are required. US 17 (Market Street) and Cypress Pond Way (Unsignalized left over) • Install a traffic signal and provide necessary coordination. US 17 (Market Street) and SR 1402 (Porters Neck Road) (Signalized intersection) • No improvements are required. SR 1402 (Porters Neck Road) and Brays Drive/Site Access 2 (Stop -controlled intersection) • No improvements are required. US 17 (Market Street) and Site Access 1 (Stop -controlled right-in/right-out intersection) • Construct a continuous northbound thru-right turn lane on US 17 (Market Street) from ABC store driveway continuing up to the thru-right lane at the intersection of US 17 (Market Street) and Porters Neck Road. • Construct site access (westbound approach) with one ingress lane and one egress lane, and an internal protected stem of 150 feet, measured from the right-of-way line. • Provide stop control for westbound 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 if you have any questions regarding this approval. Sincerely, w� �Wjr Abby Lorenzo, MPA Deputy Director Wilmington Urban Area MPO Ec: Ben Hughes, PE, District Engineer, NCDOT Jon Roan, Deputy District Engineer, NCDOT Frank Mike, Assistant District Engineer, NCDOT Stonewall Mathis, PE, Division Traffic Engineer, NCDOT Board of Com %r 4?1 3February 3, 2025 ITEM: 8 - 13 - 2 Revised approval with conditions of Market Street Townhome Apartments (TIA) Bryce Cox, Senior Assistant Traffic Engineer, NCDOT Madi Lee, PE, Development Review Engineer, NCDOT Ken Vafier, Planning Manager, New Hanover County Robert Farrell, Senior Planner, New Hanover County Board of ComRiAYAA 3February 3, 2025 ITEM: 8 - 13 - 3 DEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT WILMINGTON REGULATORY OFFICE 69 DARLINGTON AVENUE WILMINGTON NORTH CAROLINA 28403 August 26, 2024 Regulatory Program/Division Sent Via Email: rcarroll@thecarrollcompanies.com Roy Carroll Bee Safe Portersneck LLC PO Box 9846 Greensboro, NC 27429 Dear Mr. Carroll: This letter is in response to your request to the Wilmington District, Wilmington Regulatory Field Office for an approved jurisdictional determination. The project/review area is located at Latitude 34.294690 and Longitude-77.789260; in Porters Neck, New Hanover County, North Carolina. The review area for this determination is limited to an approximately 33.7 acre(s) which is illustrated on the enclosed site maps. This request has been assigned the file number SAW-2024-01415 (Market Street Townhomes). This file number should be referenced in all correspondence concerning this project. Based on our review of the information you furnished, a site inspection conducted on August 15, 2024, and other information available to our office, we have determined the above -referenced area contains 1.3 acre(s) of wetland waters of the United States (U.S.) and 2,405 linear feet of Non -wetland Waters of the U.S. under U.S. Army Corps of Engineers (Corps) regulatory jurisdiction. The site also contains 1.3 acers of excluded non jurisdictional open water pond area. These waters are identified in the enclosed site maps and Post USACE Sketch dated August 15, 2024. This determination was made in accordance with the Corps regulatory authority pursuant to Section 404 of the Clean Water Act, and based upon criteria contained in the 1987 Corps of Engineers Wetland Delineation Manual and the Atlantic and Gulf Coastal Plain regional supplement. This determination is valid for a period of five years from the date of the letter, unless new information warrants revision of the determination before the expiration date or a District Engineer has identified, after public notice and comment, that specific geographic areas with rapidly changing environmental conditions merit re -verification on a more frequent basis. This letter contains an approved jurisdictional determination for your subject site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the Division Appeals Officer at Board of Commissioners - February 3, 2025 ITEM: 8 - 14 - 1 the address listed on the RFA form. In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received by the Corps by October 20, 2024. It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. Section 404 of the Clean Water Act requires a Department of the Army (DA) permit be obtained prior to the discharge of dredged or fill material into waters of the United States, including wetlands. Section 10 of the Rivers and Harbors Act of 1899 requires a DA permit be obtained for any work in, on, over or under navigable waters of the United States. This determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the review area identified in this request. The determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. You are cautioned that work performed below the mean high-water line or ordinary high water line in waters of the United States; and/or, the discharge of dredged or fill material into any areas identified on the enclosed information as within Federal jurisdiction, without a Department of the Army permit could subject you to enforcement action. Receipt of a permit from a state or local municipality does not obviate the requirement for obtaining a Department of the Army permit. If you have any questions concerning this correspondence, please contact Brad Shaver, Project Manager of the Wilmington Regulatory Field Office at 910-251-4611, by mail at the above address, or by email at brad. e.shaver@usace.army.mi1. Please take a moment to complete our customer satisfaction survey located at https://regulatory.ops.usace.army.miI/customer-service-survey/. Sincerely, Brad Digitally signed by Brad Shaver Shaver Date: 2024.08.26 09:54:07-04'00' Brad Shaver Project Manager Enclosures cc: Mark Westendorff Davey Resource Group (via mark.westendorff@davey.com) Herbert Parham (my hep@yahoo.com) Kim Williams, DRG Board of Commissioners - February 3, 2025 ITEM: 8 - 14 - 2 NOTE: This is not a survey. All boundaries and distances are considered approximate. This represents a preliminary sketch prepared from field notes. A survey of delineated areas and review and approval by the U.S. Army Corps of Engineers is recommended prior to specific site planning. A -Nj V 0 6 V417F Af t 0 0 AL 4A. fib IV *N W J A At ez� Legend rm Project Area —33.7 Acres Uplands —31.1 Acres (92%) ..... ..... Wetland Waters of the US —1.3 Acres (4%) AL Non -Jurisdictional Pond (Excluded) —1.3 Acres (4%) Non -wetland Waters of the US (Tributary) —2,405 If Q_x = �` ;` Data Points O-W &Ktffih0L_-t aV E-L I �1- i,_'W L-\WETLANDS\2024 WETLANDS FILES\P.ENV0002402 --- 24 - Market St Townhomes, CIP\MAPS N 0 125 250 500 Boundaries are approximate and not meant to be absolute. Feet Map Source: 2020 NC OneMap Scale applies to 11 X1 7" print. Market St. Townhornes Post USACE Onsite New Hanover County, NC DAVEYS Section 404/401 Resource Group Preliminary Wetland Map Date: Updated August 15, 2024 3805 Wrightsville Avenue RENV0002402 Wilmington, NC 28403 Delineation Sketch (910) 452-0001 ITEM: 8 -14-3 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Roy Carroll, Bee Safe Portersneck LLC I File Number: SAW-2024-01415 Date: 8/26/2024 Attached is: See Section below ❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A ❑ PROFFERED PERMIT (Standard Permit or Letter of permission) B ❑ PERMIT DENIAL WITHOUT PREJUDICE C ❑ PERMIT DENIAL WITH PREJUDICE D ❑x APPROVED JURISDICTIONAL DETERMINATION E ❑ PRELIMINARY JURISDICTIONAL DETERMINATION F SECTION I The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at.https://www.usace.army.mil/Missions/Civil-Works/RegulatorV- P rog ra m-a nd- Perm its/a ppeals/ or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. -1- Board of Commissioners - February 3, 2025 ITEM: 8 - 14 - 4 C. PERMIT DENIAL WITHOUT PREJUDICE: Not appealable You received a permit denial without prejudice because a required Federal, state, and/or local authorization and/or certification has been denied for activities which also require a Department of the Army permit before final action has been taken on the Army permit application. The permit denial without prejudice is not appealable. There is no prejudice to the right of the applicant to reinstate processing of the Army permit application if subsequent approval is received from the appropriate Federal, state, and/or local agency on a previously denied authorization and/or certification. D: PERMIT DENIAL WITH PREJUDICE: You may appeal the permit denial You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information for reconsideration • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD in its entirety and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. • RECONSIDERATION: You may request that the district engineer reconsider the approved JD by submitting new information or data to the district engineer within 60 days of the date of this notice. The district will determine whether the information submitted qualifies as new information or data that justifies reconsideration of the approved JD. A reconsideration request does not initiate the appeal process. You may submit a request for appeal to the division engineer to preserve your appeal rights while the district is determining whether the submitted information qualifies for a reconsideration. F: PRELIMINARY JURISDICTIONAL DETERMINATION: Not appealable You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also, you may provide new information for further consideration by the Corps to reevaluate the JD. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision you If you have questions regarding the appeal process, or may contact: to submit your request for appeal, you may contact: District Engineer, Wilmington Regulatory Division Krista Sabin Attn: Brad Shaver Regulatory Administrative Appeal Review Officer Wilmington District U.S. Army Corps of Engineers U.S. Army Corps of Engineers 69 Darlington Ave South Atlantic Wilmington, NC 28403 60 Forsyth Street Room M9 Atlanta, Georgia 30303-8801 Phone: 904-314-9631 Email: Krista.D.Sabin@usace.army.mil SECTION II — REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT -2- Board of Commissioners - February 3, 2025 ITEM: 8 - 14 - 5 REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. Use additional pages as necessary. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day notice of any site investigation and will have the opportunity to participate in all site investigations. Date: Signature of appellant or agent. Email address of appellant and/or agent: Telephone number: -3- Board of Commissioners - February 3, 2025 ITEM: 8 - 14 - 6 DEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT 69 DARLING AVENUE WILMINGTON, NORTH CAROLINA 28403 [CESAW-RG-L] MEMORANDUM FOR RECORD [21 August 2024] SUBJECT: US Army Corps of Engineers (Corps) Approved Jurisdictional Determination in accordance with the "Revised Definition of `Waters of the United States"'; (88 FR 3004 (January 18, 2023) as amended by the "Revised Definition of `Waters of the United States'; Conforming" (8 September 2023) ,' [SAW-2024-01415] [MFR 1 of 1]2 BACKGROUND. An Approved Jurisdictional Determination (AJD) is a Corps document stating the presence or absence of waters of the United States on a parcel or a written statement and map identifying the limits of waters of the United States on a parcel. AJDs are clearly designated appealable actions and will include a basis of JD with the document.3 AJDs are case -specific and are typically made in response to a request. AJDs are valid for a period of five years unless new information warrants revision of the determination before the expiration date or a District Engineer has identified, after public notice and comment, that specific geographic areas with rapidly changing environmental conditions merit re -verification on a more frequent basis.4 On January 18, 2023, the Environmental Protection Agency (EPA) and the Department of the Army ("the agencies") published the "Revised Definition of `Waters of the United States,"' 88 FR 3004 (January 18, 2023) ("2023 Rule"). On September 8, 2023, the agencies published the "Revised Definition of `Waters of the United States'; Conforming", which amended the 2023 Rule to conform to the 2023 Supreme Court decision in Sackett v. EPA, 598 U.S., 143 S. Ct. 1322 (2023) ("Sackett'). This Memorandum for Record (MFR) constitutes the basis of jurisdiction for a Corps AJD as defined in 33 CFR §331.2. For the purposes of this AJD, we have relied on Section 10 of the Rivers and Harbors Act of 1899 (RHA),5 the 2023 Rule as amended, While the Revised Definition of "Waters of the United States"; Conforming had no effect on some categories of waters covered under the CWA, and no effect on any waters covered under RHA, all categories are included in this Memorandum for Record for efficiency. 2 When documenting aquatic resources within the review area that are jurisdictional under the Clean Water Act (CWA), use an additional MFR and group the aquatic resources on each MFR based on the TNW, the territorial seas, or interstate water that they are connected to. Be sure to provide an identifier to indicate when there are multiple MFRs associated with a single AJD request (i.e., number them 1, 2, 3, etc.). 333CFR331.2. 4 Regulatory Guidance Letter 05-02. 5 USACE has authority under both Section 9 and Section 10 of the Rivers and Harbors Act of 1899 but for convenience, in this MFR, jurisdiction under RHA will be referred to as Section 10. Board of Commissioners - February 3, 2025 ITEM: 8 - 14 - 7 [CESAW-RG-L] SUBJECT: 2023 Rule, as amended, Approved Jurisdictional Determination in Light of Sackett v. EPA, 143 S. Ct. 1322 (2023), [SAW-2024-01415] as well as other applicable guidance, relevant case law, and longstanding practice in evaluating jurisdiction. 1. SUMMARY OF CONCLUSIONS. a. Provide a list of each individual feature within the review area and the jurisdictional status of each one (i.e., identify whether each feature is/is not a water of the United States and/or a navigable water of the United States). Name of Aquatic Resource JD or Non -JD Section 404/Section 10 W1 JD Section 404 W2 JD Section 404 T1 JD Section 404 T2 JD Section 404 T3 JD Section 404 Excluded Pond Non -JD N/A 2. REFERENCES. a. "Revised Definition of `Waters of the United States,"' 88 FIR 3004 (January 18, 2023) ("2023 Rule") b. "Revised Definition of `Waters of the United States'; Conforming" 88 FIR 61964 (September 8, 2023)) c. Sackett v. EPA, 598 U.S. _, 143 S. Ct. 1322 (2023) 3. REVIEW AREA. A. Project Are Size (in acres): 33.7 B. Center Coordinates of the Project Site (in decimal degrees) Latitude: 34.294687 Longitude:-77.78926 C. Nearest City or Town: Wilmington D. County: New Hanover E. State: North Carolina F. Other associated Jurisdictional Determinations (including outcomes): N/A G. Any additional, relevant site -specific information: The site was visited a few days after a major rain even that dropped almost 12" of rain. 2 Board of Commissioners - February 3, 2025 ITEM: 8 - 14 - 8 [CESAW-RG-L] SUBJECT: 2023 Rule, as amended, Approved Jurisdictional Determination in Light of Sackett v. EPA, 143 S. Ct. 1322 (2023), [SAW-2024-01415] 4. NEAREST TRADITIONAL NAVIGABLE WATER (TNW), THE TERRITORIAL SEAS, OR INTERSTATE WATER TO WHICH THE AQUATIC RESOURCE IS CONNECTED. A. Name of nearest downstream TNW, Territorial Sea or interstate water: The site drains toward Pages Creek which becomes tidal before it enters into the Intracoastal Waterway. B. Determination based on: This determination was made based on a review of desktop data resources listed in Section 9 of this memorandum and a field visit conducted on 8/15/2024, a review of the SAW Section 10 list, and documented (include in AR) occurrences of boating traffic on the identified water. 5. FLOWPATH FROM THE SUBJECT AQUATIC RESOURCES TO A TNW, THE TERRITORIAL SEAS, OR INTERSTATE WATER. The tributaries (T1, T2, and T3) are relatively permanent waters (RPWs) and are an unnamed tributaries to Pages Creek (located approximately 5,000 feet to the south where it becomes tidally influenced), a traditionally navigable water (TNW). The Ordinary High -Water Mark (OHWM) of the unnamed tributaries were indicated by the following physical characteristics: natural line impressed on the bank, shelving, absence of vegetation, scour, and bed and banks. The wetlands (W1 and W2) meet the hydrophytic vegetation, wetland hydrology, and hydric soil criteria of the 1987 Corps of Engineers Wetland Delineation Manual and the Atlantic and Gulf Coastal Plain Regional Supplement and are contiguous with the unnamed tributaries. 6. SECTION 10 JURISDICTIONAL WATERS': Describe aquatic resources or other features within the review area determined to be jurisdictional in accordance with Section 10 of the Rivers and Harbors Act of 1899. Include the size of each aquatic resource or other feature within the review area and how it was determined to be jurisdictional in accordance with Section 10.7 [N/A] 6 33 CFR 329.9(a) A waterbody which was navigable in its natural or improved state, or which was susceptible of reasonable improvement (as discussed in § 329.8(b) of this part) retains its character as "navigable in law" even though it is not presently used for commerce, or is presently incapable of such use because of changed conditions or the presence of obstructions. This MFR is not to be used to make a report of findings to support a determination that the water is a navigable water of the United States. The district must follow the procedures outlined in 33 CFR part 329.14 to make a determination that water is a navigable water of the United States subject to Section 10 of the RHA. 3 Board of Commissioners - February 3, 2025 ITEM: 8 - 14 - 9 [CESAW-RG-L] SUBJECT: 2023 Rule, as amended, Approved Jurisdictional Determination in Light of Sackett v. EPA, 143 S. Ct. 1322 (2023), [SAW-2024-01415] 7. SECTION 404 JURISDICTIONAL WATERS: Describe the aquatic resources within the review area that were found to meet the definition of waters of the United States in accordance with the 2023 Rule as amended, consistent with the Supreme Court's decision in Sackett. List each aquatic resource separately, by name, consistent with the naming convention used in section 1, above. Include a rationale for each aquatic resource, supporting that the aquatic resource meets the relevant category of "waters of the United States" in the 2023 Rule as amended. The rationale should also include a written description of, or reference to a map in the administrative record that shows, the lateral limits of jurisdiction for each aquatic resource, including how that limit was determined, and incorporate relevant references used. Include the size of each aquatic resource in acres or linear feet and attach and reference related figures as needed. a. Traditional Navigable Waters (TNWs) (a)(1)(i): [N/A.] b. The Territorial Seas (a)(1)(ii): [N/A] c. Interstate Waters (a)(1)(iii): [N/A.] d. Impoundments (a)(2): [N/A.] e. Tributaries (a)(3): Name of Size (in Flow Regime and additional description of the tributary Method for Aquatic linear determining flow Resource feet) regime T1 675 See attached delineation map Observed flow during site visit during site visit. T2 1,620 See attached delineation map Observed flow during site visit during site visit. T3 110 See attached delineation map Observed flow during site visit during site visit. f. Adjacent Wetlands (a)(4): Name of Aquatic Size (in Contiguous with or Describe continuous surface connection Resource acres) abutting? If so, list water W1 0.1 Yes, T2 The wetland boundary is connecting and contiguous with stream T2, an RPW. W2 1.2 Yes, T2 The wetland boundary is connecting and contiguous with stream T2, an RPW. g. Additional Waters (a)(5): [N/A] 0 Board of Commissioners - February 3, 2025 ITEM: 8 - 14 - 10 [CESAW-RG-L] SUBJECT: 2023 Rule, as amended, Approved Jurisdictional Determination in Light of Sackett v. EPA, 143 S. Ct. 1322 (2023), [SAW-2024-01415] 8. NON -JURISDICTIONAL AQUATIC RESOURCES AND FEATURES a. Describe aquatic resources and other features within the review area identified in the 2023 Rule as amended as not "waters of the United States" even where they otherwise meet the terms of paragraphs (a)(2) through (5). Include the type of excluded aquatic resource or feature, the size of the aquatic resource or feature within the review area and describe how it was determined to meet one of the exclusions listed in 33 CFR 328.3(b).8 Name of excluded feature Size (in Specific exclusion (b)(1) - (b)(8) acres ExP1 1.3 (b)(5) Artificial lakes or ponds created by excavating or diking dry land to collect and retain water and which are used exclusively for such purposes as stock watering, irrigation, settling basins, or rice growing. b. Describe aquatic resources and features within the review area that were determined to be non -jurisdictional because they do not meet one or more categories of waters of the United States under the 2023 Rule as amended (e.g., tributaries that are non -relatively permanent waters; non -tidal wetlands that do not have a continuous surface connection to a jurisdictional water). [N/A] 9. DATA SOURCES. List sources of data/information used in making determination. Include titles and dates of sources used and ensure that information referenced is available in the administrative record. a. 1. Date of Office (desktop review):8/21 /2024 2. Date(s) of Field Review (if applicable):8/15/2024 b. Data sources used to support this determination (included in the administrative record). ❑x Aquatic Resources delineation submitted by, or on behalf of, the requestor: Title and Date AJD package from Davey Resource Group ❑ Aquatic Resources delineation prepared by the USACE: Title and Date ❑ Wetland field data sheets prepared by the Corps: Title and Date ❑ OHWM data sheets prepared by the USACE: Title and Date ❑ Previous JDs (AJD or PJD) addressing the same (or portions of the same) review area: ORM Numbers and Dates ❑ Photographs: Source, Title, and Dates ❑x Aerial Imagery: Sources, Title, and Dates 2020 NC One Map ❑x LIDAR: Sources, Title, and Dates 2014 QL2 Lidar 8 88 FIR 3004 (January 18, 2023) 5 Board of Commissioners - February 3, 2025 ITEM: 8 - 14 - 11 [CESAW-RG-L] SUBJECT: 2023 Rule, as amended, Approved Jurisdictional Determination in Light of Sackett v. EPA, 143 S. Ct. 1322 (2023), [SAW-2024-01415] 0 USDA NRCS Soil Survey: Title and Dates GIS Data New Hanover County ❑ USFWS NWI maps: Title and Dates 0 USGS topographic maps: Title and Dates 7.5 minute Topo Scotts Hill ❑ USGS NHD data/maps: Title and Dates ❑ Section 10 resources used: Title and Dates ❑ NCDWR stream identification forms ❑ North Carolina Stream Assessment Method (NCSAM) forms ❑ North Carolina Wetland Assessment Method (NCWAM) forms 0 Antecedent Precipitation Tool Analysis: List Date(s) 4/12-5/12 2024 ❑ Other sources of Information: List 10.OTHER SUPPORTING INFORMATION. [N/A] 11. NOTE: The structure and format of this MFR were developed in coordination with the EPA and Department of the Army. The MFR's structure and format may be subject to future modification or may be rescinded as needed to implement additional guidance from the agencies; however, the approved jurisdictional determination described herein is a final agency action. X Board of Commissioners - February 3, 2025 ITEM: 8 - 14 - 12 Concept Plan Board of Commissioners - February 3, 2025 ITEM: 8 - 15 - 1 MIXED USE AND ADDITIONAL DWELLING ALLOWANCE SUP NOTICE REQUIRED ALL EXISTING UNDERGROUND UTILITIES SHALL BE PHYSICALLY LOCATED PRIOR TO THE BEGINNING OF ANY CONSTRUCTION IN THE VICINITY OF SAID UTILITIES. CONTRACTORS SHALL NOTIFY OPERATORS WHO MAINTAIN UNDERGROUND UTILITY LINES IN THE AREA OF PROPOSED EXCAVATION AT LEAST TWO WORKING DAYS, BUT NOT MORE THAN TEN WORKING DAYS PRIOR TO COMMENCEMENT OF EXCAVATION OR DEMOLITION. CONTRACTORS SHALL CONTACT OVERHEAD ELECTRIC PROVIDER TO COMPLY WITH FEDERAL OSHA 1910.333 MINIMUM APPROACH DISTANCE TO ENERGIZED POWERLINES AND OSH 29 CFR 1926.1407-1411 MUST BE FOLLOWED. CONTACT THESE UTILITIES NEW HANOVER COUNTY PLANNING PH: 910-798-7165 ENGINEERING PH: 910-798-7139 PIEDMONT NATURAL GAS ATTN: PAUL GONKA PH: 910-251-2810 EMERGENCY DIAL 911 POLICE - FIRE - RESCUE CAPE FEAR PUBLIC UTILITY AUTHORITY (WATER & SEWER) ENGINEERING/INSPECTIONS PH: 910-332-6560 OPERATIONS/MAINTENANCE PH: 910-322-6550 DUKE ENERGY PROGRESS DISTRIBUTION CONSTRUCTION SERVICE PH: 910-256-7258 DEP CSC PH: 1-800-452-2777 AT&T/BELL SOUTH ATTN: CHRISSY COSTON PH: 910-341-7664 TIME WARNER CABLE PH: 910-763-4638 BAYSHORE TOW-' I 10MES WILMINGTON, NORTH CAROLINA NEW HANOV R COUNTY D MB R 2024 FUR BAYSHORE TOWNHOMES, LLC 201 NORTH ELM STREET GREENSBORO, NC 27401 VICINITY MAP SCALE: 1" = 1,000' NORTH BAYSHORE TOWNHOMES SUPs WILMINGTON, NORTH CAROLINA PROJECT # 24237.PE APPROVALS: DEC. 2, 2024 SHEET NUMBER SHEET TITLE C-0.0 COVER SHEET EX-1 EXISTING CONDITIONS SURVEY C-2.0 SUP -OVERALL MASTER PLAN C-2.1 SUP- B-2 ZONING SITE PLAN C-2.2 SUP- R-15 ZONING SITE PLAN C-3.1 SUP- B-2 ZONING DRAINAGE PLAN C-3.2 SUP- R-15 ZONING DRAINAGE PLAN C-4.1 SUP- B-2 ZONING UTILITY PLAN C-4.2 SUP- R-15 ZONING UTILITY PLAN PREPARED BY: APPLICANT: BAYSHORE TOWNHOMES, LLC 201 NORTH ELM STREET GREENSBORO, NC 27401 ENGINEER / LAND PLANNER/ LANDSCAPE ARCHITECT: PARAMOUNTE ENGINEERING, INC. 122 CINEMA DRIVE WILMINGTON, NORTH CAROLINA 28403 P: (910) 791-6707 ATTN: ROB BALLAND, PE (CIVIL ENGINEERING) ATTN: ALLISON ENGEBRETSON (LANDSCAPE ARCHITECT/ LAND PLANNER) SURVEYOR: PARAMOUNTE ENGINEERING, INC. 122 CINEMA DRIVE WILMINGTON, NORTH CAROLINA 28403 P: (910) 791-6707 ATTN: JOSH TAYLOR, PLS PARAMOUNTE E N G I N E E R 1 N G. 1 N C. Know what's below. Call before you dig. Board of Commissioners - February 3, 2025 122 Cinema Drive Wilmington, North Carolina 28403 (910) 791-6707 (0) (910) 791-6760 (F) NC License #: C-2846 �` J`" \ / 1_1 � I I " I / \ KATHRYN WOLFE & / r, � - - / \ \ i- ' *s --- T o "'J� - gv� R03700-�04-293-000 \ fib. \ / 03700-004-293-000 M1 l r LARRY STEVEN / \ ( R03705-Oa6-012-000 \ / I \ JOANN M. 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! % / l / i J \ _\ / \ \ O ,P5 \ \ \ ( -, ZONING: R 15 \ z_ (////, _/ ����1� v z� M`/1 I )® \ ti� / \ i / \ v v s `� 1 1 V A V / / LAND USE: v l / -I �l//� / // A � I (\� ( I // 4 \ � ( � v v—I z 1,/�(/�/��� �/ ��� �)s�)��� / I � � 1� / � �/ � I v I � I v � \ ( ) ,� �� v v � vv \ � � � � _ � I �/// / � � - --J/)], /�/ �� �\ �� S ® I % / \ % / J S RTYIEASEMENT ( I / I \ \ ( \ �a \ \ -� I 1 Il,�l% °7, f- I �'* 5 v / 1� ,-_- - RIM-1 �� / l((l � � �l// W� J'- \ \ ( I / / / /�`_ 1 S �_=='3_—`\- �c; ss ss Icv / \ / \ \ \ �1b`8 RIM=1-6� a IN 49, PG. 102 \ � ���� °� ", A / — / l V / / / / / / i� 1 \ I v ( -) \\ l — —�z —— / s -��- S ( \ , V�� w� / � /� /�� / I / / \ % / / / / / -- -22- �-r � I / \ v � / / / I -' _8" Pf/C f "' I MIDSTREAM DRIVE 50'PUBLIC D L � — — \ I \ I �/ \ \ l I / I r�s "� __ I- / v T -'�7 ,* \ ) I / I �) ) ®� % / / / 1 �L \ ) \ �\ \ ® / I ® N 48°34'06" W V / � , A V-` )� I . / _z� / / / - - _ \ l / ( / / (, IPF 121.43' - � IPF - - / r- PID: R03700-004-147-000 (20.31 AC. ±) i N \ ) \ J / �a 0 \ r /� v `L \ w /1k PID: R03700-004-148-000 (2.12 AC. ±) - / / I / / / / / \ � - 7 � I _ _ r � / A / - 20' DRAINAGE AND PUBLIC J � ` I \ D.B. 5007, PG. 2900 - % I / UTILITY EASEMENT T � PID: R03700-004-189-000 (7.79 AC. ±) - - f- - - - - / - - / I / ( � \ \ I �� - �L A� _ / - M.B. 51, PG. 154 l l + );'> r�i \ \ D.B. 5102, PG. 1227 / - - \ --•— _f _� \ - _ \ \ \ _ / / \ / a / / \ / `p= / D.B. 5545, PG. 2050 �� , �� i V(Z \ � / - �I )� i / / / / / �� / -� �\ - - - - - - -=/ ,w _® / M.6.51,PG. 154 - \ ZONING: R-15 / \ \ / 1,316,276 SQ. FT. ± / - - / � / / / I s� A \ / - / 1 � 30.22 AC. ± i � / �' ( \ �" � -� \ - - � / / - �°- - _ / � AND USE: / 1 ® ( \\\\ `') � ) \ i \ o— - - / 30J / - / r (/ \ \\ ) / / i / / ) /� \ - ^ \ \ \ - \ __ - - - —,s— / - / ` ` - / __ / RESIDENTI � - % ) / / / -z1J / I'®� - � - - - - z� - - \ - / ze- , - - \ ,/ / \ R03 07 0-004-296-000 / � � / c \ \ � / 1�1 / � / - - / � \ - ,J / // / �) / Z � �/, I \ �2- - - - - - -_ - - - - - - 2-, - � v - - - � / � � CAMERON D.B. 62 0, PG 2IEL 42 / /— \ / — —28— '4B2-1 - \I J� \ mil% ~� ���\ �� r /� \ / / l > f \ / I --_ --- _�- M.6.51,PG.154 1 i \ d -- \ V i ( l / // \ / JJ -- �z_\ /---__ _- 33--- -\ / \�3 I ZONING:R15 / /(✓ lfb � - " / / \ \ I I / I X /`, /23-' 0 _ _ RESIDENTIAL U \ \ � \ / � I ( � / - ' �� _ `- � � - `, ) LAND USE: / ­21 �\1\�� / / �� I I I I / ( ( 1 / ) / / _ / I — — � - — �� � , ( ) w // / I w 1 / ) — I \ / / v ---�— — � A ) I / — 1 / / / ( 1 / � A I / / — — — �" / — � / — V A / R03700-004-297-000 / r v A 72 � y V / i V I I A / / / / f� \ \ - , / / \ D.B. 6406, PG. 1314 / ROCHELLE KREINER IPF \ Fj , W , \ / ti \ \ \ v S 3 °� / 6 02'16„ s 0 I \ " I I \ \ \\ \ �) / I I / ( / / \\ % / � \ M.B. 51, PG. 154 E \ I- \ \ ) % / / ZONING: R-15 \ 11g 1 %I ® v o 0 I \ � V A \ � / (_ I LAND USE: V v r� '� yI /� ( / I \ V \ \ J / / / I � L _ - / RESIDENTIAL \ _jo I'll , ` � -_ - - v v A/ \ 1 / A � 1V A � \ \ V A i � x / I, ) ) /r / I �_ _. A A NOTES v / :%; NV: DAMAGED /A /// V -_ \ I / ref / \ \ \ \ � � o I \ \ - \ / I -/ - � - 1. AREA CALCULATED BY COORDINATE METHOD. 1 r e \ / \ / / I F203700-004-298-000 I I / \\ \ s \� // \ \ \ \ \ 1 i 2\ 1 ® / I ANNA ROVETTO 2. HORIZONTAL (NAD 83-2011) AND VERTICAL (NAND 88) - � A J / NV 3.14 ,/ / / I I \ \ \ ( 0 \ / I - / ( / - �s ) D.B. 6636, PG. 1714 (� M\\ � / -�2„ CPP- /, - \ \ - / \ \ J \ / - -45 ) / DATA WERE ESTABLISHED UTILIZING A TOPCON HIPER-V / I \ \ \ - \ I , \ / / / �� / / M.B. 51, PG. 154 r` �iN\\\� � \ �- \� \ - % I )/ ( �� �/ 0 \ / I ( \ \\ \ \ ) 0 / \ / / / � � ��\, n ZONING: R-15 I GPS RECEIVER OPERATING IN VRS MODE WITH REPEAT ��(I > \\`�� .\ / �'� w� ✓t � II(1 ( I — +® I \��\ � \ — \ _ _ _ —2� �a/ / (( \\�� / ESN ENS AL OBSERVATIONS. �� � 1111,,11 ��\ � v�A\�� \ r � � ) 5 1 I re I � 24.2' v I � / / � J � J J / I o2> I R03600-006-082-000 \ �.r / I� \ / ) / \ , - N / A ) I \2 \ \\ - �` / / �l e / / / - 3. THIS PARCEL IS LOCATED IN ZONE X - NOT A SPECIAL N ROBERT L. YUNASKA , \ ~. t\ � (� ,_ / // / cd\ \ 0 \ 3\ \ '\ / /�' , -4 , / // //`�' / - - - � \ \ >> I \ M / \\ _ � � x" R03700-004-299-000 FLOOD HAZARD AREA - AS SHOWN ON FEMA FLOOD MAP D.B. 4626, PG. 912 / \ ��_� \ V - // ( \ \ V A / �/ / / M.B. a3, PG. 372 �' � 0 �A � - - - C, \ ) / I \ l � \ / - - J /�//—� /j/ /� /// / } EDWARD NO. 3720326000K AND 3720316900K BEARING AN �� \ - ��' ///// / / \�� �� / \ '\ - // / )II l / r1 EFFECTIVE DATE OF 08/28/2018. \ \ L1 V \ , / / / , \ ^ -2 � � \ \ ) \ \ - �z / (ii / a / % o SOUTHERLAND ZONING: I-1 //// / \ I D.B. 5571, PG. 1535 LAND USE: ' �\ P� �\ \ \� / J \ I ® / \ \ \\\ �^ - - VACANTINDUSTRIAL \ \ ` \ . \6 //- ®\ / / -_ - / I \ \ �� (C \ (r // / ` \ - �� \� ( ( I (' M.B. 51, PG. 154 �I \ ® ,, � 1 1/ i ;a — \ — \ — \ — / � 1 \ �\\��\�\ � / _ r -t,I (I I ((�J I ,� s\� � \ \\ / ZONING: R-15 4. UTILITIES AS SHOWN ARE PLOTTED FROM INFORMATION w�)1 1 /� \�t1 l ® � - 0_ 5r,—� —Z \ / \ \ \ \ � -----� `� J// _ \\\ \\ I z ) 1 \/ \ � \� \ -2 ��1� ��^� —\_ � - , �— < \ \\� \ 0 \ S —\ / ( ,\ � � LAND USE: J /)(' ( ) I I yo \ / / - � - z4 i \ \ - \ / \ ) 4a \\ / \ \ \\( I r \\\ � \ \\ ) / I RESIDENTIAL \ VISIBLE IN THE FIELD AND FROM INFORMATION PROVIDED _O �� I \ ( \ } -- \ Z ®� 2 �� �� - �= = _ \ �� - \ \ \ / `\\ \\ \ ( \ \\ \ / BY UTILITY COMPANIES. ADDITIONAL UTILITIES NOT I-%lI I (m ) \ `� � � " \�`.�'. �6L - � / -` �07_%z� /--�'-- ����_ -1, —�_---� \ \ \ � I- \ / �\\ \\\ \ � � � \ / \ — — 2� / � — ® I I / " � � � � )� f�(/ /\ � o R03700 004 30� 0 0p0 SHOWN MAY EXIST. THE APPROPRIATE UTILITY Q � / / �� \ \ \ , -.,� - f._r� --�-ti--7 -- \ -2� / / \\\\ \\ \ � ` \ I I I I (I \ COMPANIES SHOULD BE CONTACTED PRIOR TO LAND �/ y, I \ STEVE LINDNER G I ) I \ i9 ___ i y -- ��!, a \\ \\\\ / 2ti Aw \'`� I I 1 / /\ l 1 I I \ O \� \ � ` \ ,� -3-} w\ V A \I I % ) ��� :.: f- - v\�- _ v_7 1vz \ - / ) i \\\VA \ 7 _ /)A� I VA \ \V AN�� DISTURBING ACTIVITIES. s \ \ y- S - �� -w - \ za2�_ \ �\ \ I- \ - ' \\ \ \ / )} \ �" ° �n / D.B. 6031, PG. 2140 ti J \ \ \\ - / / / (\ \ \ ` \ } l I� I \ ZONING: R-15 5. THIS LOT IS SUBJECT TO ALL UTILITY EASEMENTS, I\ (� - M.B. 51, PG. 154 I / \\ — l > \_ / /i/) \ r JI / \\ \ \ ( _,----`� M,— J +® — ! — \N� �Z ✓\�� \�� `21 �� i23� / \ \\\F\\ ��k —/—_� �<z �_ \ I / ///i� ��`� \ IIi1 �� \ \ / �—�-1� \ ���� s \\ 1\ y'� �� '�— / \\ �� ll\�\---�//j ti� 1z LAND USE: )I c I / J \\\ ® � \ \!� — \ — -\ / — \ �\ \ _ _ \ \\ � __� _ /% //// )I� RESIDENTIAL \ RESTRICTIONS, OR COVENANTS OF RECORD. 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CONTOUR INTERVAL =1'. � �) I 1)� (�' -- �g �\ \ ` / �YB — ) ( \ \ \ \ \�•�\S _ \ \ � \ \ \ ® \. / —R2 — \\\\�\\\ ( / — 9— — / \ \ \ \ -- � / R03700-004-001-000 \ - a& \ I DEREK REEVES - \ / ) 1 , \\�\.V �,� \ \ \ \ \ \ / A\\� �� / - V / D.B. 5625, PG. 1573 I (I\<\L \ rim Av / A ( \ \ \\\�--� \ \ r \ I I(I/\\/ � v v \ > \ \ vV I — V A ( ( A I AV \ \ �, � - A,\\\\ � � \ 0 V � ZONING: R-15 V,\ - �� \ M.B. 51, PG. 154 \ go \ 11 I ✓ � \\\ \ i / \_ -2, 1 ( LAND USE: \ 1�(z ( � V I v 2B— � ) 1 I \� ( � v 1 \ I / -v / , \v � / / v / \ \\\\\ } / ) RESIDENTIAL �Itio \ \ � ,—/— 1~(/ / - \ J _��( ;' _ ry� / I / � _,14 \ /_ � ,,��\\�\\� (-\ I 1 I I / \ � � I I 1 / / / � � \ I j �l \ ( � I I R03hO-0004-011-0�— — / ( I PORTERS CROSSING \ I / \\ \\° ✓ \ / � � / I \ � I I I HOA INC / _/ I ��� � � °o °� � — —2� / ��Q J ti� / ) / �� �� 1 V A 1 / � ® ) 1 v ti� / . . �G % �S / I ( I \ I �e - / / / "l \ \ I ) I D.B. 6102, PG. 2894 _ \ _ / _ _ � \ / _ ✓ _ ze- - \( l� ��i / I M.B. 51, PG. 154 �� //��� I / `i /�' /// / ) / % ) \� � \�\ -- \-za\ �-t���A\�\ IJ� �� \\ / / � \ \V / ( f I ) ZONING:R-15 �� / ( \ l �� I / ,_ / 0 � 49" \N J / / / \ ` - - - \ I -J t3 N \� V \\ I 1 i \ - - - _ / l I \ LAND USE: a — _ _ 1 > \ tiv % ( / _ / - �- \�� , I _ 30' PUBLIC UTILITY EASEMENT o�cmFNTIAL AMENITY - \ I / (� 5" - -J/ / " C, �6142'3� �/ �2 //// ) ��� � -,�'_--'' �? / / �� I� (� /l` `\ ,' ( 4 ��` / 1 �1 / �— /IIiIII, \�— \ \ I / - - / � - - %" � \ , \\� / / \ M.B. 51, PG. - ) z� - LOT 142i / / / / �9 / / / \ J \ % , - ✓/ ��D/ / �e/� �L) ` ,�\ \ \i\ \ \, ) \ - / � � ' ✓ � \ 154 I \ \ / \ ( \\ - \ )\�Mr �_ I \ ✓ / � R03600-006-012 000 / `� / / / LOT 143 \ �1 / , �9'%� _ )1 �r L L ' � I � �\,QI/ �r � \ I `� . I / / i \ / " - 1l - 1 ® \ RICHARD MOBURG / / I- - /� �2 S ' }(� / - / / ! i Z� _ -� LEGEND: BOUNDARY LINE ADJOINING BOUNDARY LINE RIGHT OF WAY EASEMENT LINE SETBACK LINE 100-YR FLOOD LINE \ �7( ) � �r- ) _ / / / / R03600-006-013-000 � .fir 7 \ f - \ ,� r' ti / ' > � - - _ - \ // � � aa- � - - - - 4& - - - - EXISTING CONTOUR � �l \�\ J)I / ELIZABETH MOBURG i , NORA E. BENEVENTI - -i / ) / ) / ifl�\ \� \ VA ) s \ D.B. 4626, PG. 912 / / / / �� -REVOCABLE TRUST // A \��\"� � L ) �}A ( � � N� /)I \ - - ) N /� ���� �a / ( / A / ) \ \ / / / � I \ M.B. 43, PG. 372 \ � J / � - \ e - \ � a - _ L20 \\I � 1/ � n \ / O I T/ /\i1111\) T l / / /? � ) / \ � ) / / _ _ � \ \ / / WET WETLAND LINE / ( _ \ D.B. 5020, PG. 2264 - J _ L / / 1 / / ( W h , i _ _ WATER LINE STREAM ) R€ ZONING: R-15 \ \ - _' ' - -- ~ \ \, \\ 1 - % 2 / i/// / \ , / / _ /_ LAND USE: \ `2 - - _ M.B.43, PG. 372 r k' --- - _ \� e� \� -� //�/l/J `� \ � j ( / / Z ^ I It, 1�� J� \ ` \ ZONING: R-15 ems- 7 / ' \ 1 �,°\ �' \ \ RESIDENTIAL \ - - \ \ - - _ _ �o� \ \ \ \ �7 \ �"�\ \\\ '� � / - g •- \ \ - I \ 1 LAND USE: \ _ f / \\\ = / % \ )` I ( \ � - - \ - - - \ RESIDENTIAL - - � \ \ \ I it, � �\ -_ �// 1 �� \ � - - / �8 j o Z o n n W \ I \ � \ _ \ � - \ - LOT 144 � - ��A- �/� j / 1 Q / ��I yIII r\�\" v v vv��s ( \ �, A l / / W � �,� ���w� \ ) - - R03600-006-014-000 \ / �ti I �� J J \ \ 1 / In O U / y'}o \ - ` - DAVID M. RENQUIST \ \� , \ / / / m �o ? a •• �' a \ 1�,`` J 11\I� �I � \ � -- \ I \ -- � /�/, MARYE.RENQUIST \\ �, o >,� ( ) { r � \ \ � � /, � > F_ ZI� i,u OrnLo Lo2OQ J I Av ��l -V �� v v\ /�/�/� �/iDM.B�48PG.3724 V\ � �76 I I U� �I� , V \�� / / iowzu�oo0<Lu z ' I IZ, 11 � \_ ( ZONING: R-15 \\ Z \ ° p \ ) C, ri N o_ �I I r D ) ` \ \ \ \ \ 12e- � % LAND USE: \ Z (� \ 5 IR 1 � \ _ � ,_ / �,/ If / a x- 'LkI����10 _ \ \ v / RESIDENTIAL \o\ \ V I �7 \ V l k \ v�' v \ � J �\ ✓ I I' 1 \ R03600-006 oil-aoo `� S �6y v _ 1 7i �� \\ � " LAND USE: COMMERCIAL I I \ � � - i -- L \ �_ � e \ \ r I STORAGE - /�yl } } / �\ ( \ \ l\ - - � - - //_ - I \ J PRUDENTIAL ( � _ \, l - I \ / - r.\ I \\\� -/ / Z // / / / I � \ _ ~ / \ l \ � \'- RELOCATION INC. 1 ti \ - � __ - - - _ - - �-) I <��� =�� % I I I I / � / / � �� \ �\ ` \ D.B. 5238, PG. 72 - - -, - i - - _ _ � il I x __ J _ - ry \ 2 - -- _ - - �- _ CHAINLINKFENCE / / 0 LAND E: , , . o2-'~ ®BFP i a� IPF 1 F �� \ — CHAINLINKF C— X X / ETMN1 \ 36° E� / M.B. 43, P S. 372 ~ .� t '� ' - 3 /�-� / 665.40' s , ,_ � S 2,16` C \\ \ ZONING: E: \ \ � \ \ \ - 1 ,_ I�I -1..� __ � L'7j- v °36'43" E v ,� \ W o \ \ RESIDENTIAL \ p T 1� Ljj­�i �(C / L 8 024 - \ - / / _ --r- - ) r / � \ � \\ - LOT 148 .L12 L1�' L10_ N 47°1T46" W- a - - h yv \ _ I L5 W / I / I / / ) / - M /i \ _ b5 Q \ i \ / \ ° �, \'� \ R03600-006-018-000 \ w_ ,, '-- t� -- 107.98' --- -- j -� L9 L8- L7 _ . ' ( LOT 151 �,~ r y \ PAk c- � aa- - '� L„ _ \ / CC / r \ \\ "- --'�'= -_ R03600-006-026-000 \ \1 w ^ ( \ I / / / ,— / d ( \ � \ \ \ BRADLEY J. ERBES ^\ - � LOT 149 i \ - - - - _ ,_ -,, MADISON M. � - \ / / I / J \ �- � \ C b5 \ % \ TAMI L. ERBES � / 'LOT 150 -� � ^ � v)� ( \ \ \ R03600-006-024-000 -,3 - - - - NEWSOME \ a / } / / /W1012 / I \ � � / \ - \ �� �/ j \ L\ \ \ \ 11 \ D.B. 5238, PG. 722 3- ti ERNEST W. OLDS R03600-006-025-000 _ - r / N z I \ \ \ < SY14 - DAWN M. OLDS _ "y2-- - RICHARD MIMMS - NEWSOME / \ \ \ 1 \ \ \ /\ \ \ \ \ I / \ M.B. 43, PG. 372 _ 7\- / / / a ( I / \1 Ir�\� �\ \ ZONING: R-15 \ - - - _ SUPATRA MIMMS ��- - ` D.B. 4655, PG. 304 _ Z y� a � V ,� \ W0�42 / I < < � S I \ \ \ \ 1 RESIDENTIAL `r M.6.44, PG. 307 - v M.B. 44, PG. 307 M.B. 44, PG. 307 \ _ W024 / pz o / I v , I �/ _, y,\\\\� _ (� /� / \i ZONING: R-15 - -. - / ZONING: R-15 \ - �\ t \ \ �6 - / ZONING: R-15 (\� awa -- / I w ) \ �, ,\,� - I >\\\\\� 1� d LAND USE: - _ - __" - / LAND USE: J �( - / / MA 24 Sao w \ / I LL�� � / I I �. 1 O I 1 �I I vo 00 AW017 / / / / �/ / \�� �� q 11111,,11 \�\lVVA�\� _ A 1-1 \ RESIDENTIAL / W I r z / ) / o� % BEE SAFE / 1104 �� (^ ; - / RESIDENTIAL / w �� �( R03600-006-082-000 :_ I . o ( / � �� f` / I PORTERS M.B. 21, PG. 49 1 / w w C 9 ROBERT L. YUNASKA , / \ r p I TWO 10 `o / NECK, LLC - / oe v o 1i D.B. 4626, PG. 912 / WO9 Wo 14 1 /�o YLO 1 / `m , M M.6.43, PG. 372 N I 60 ' / 9� / PID: 122,819 SQ. / % a a a ?� I SY 17 LO/L I a. c \V R03600-005-007-000 FT. ± L z - Z 9 _ ZONING: 1-1 �\ I \' ASPHALT LOT BEE SAFE PORTEPRSS NECK, LLC R03600-005-006-002 Amp NjA896 108WO 14 S.B. 21. 49 / 17,129 SQ. FT. ± � V 0.39 AC. ± \__t\,1 \ ASPHALT / e o� / - � Q It ( r` o LAND USE: OT �f� / \ \ ( I MA16 \ / o� J G 4 / /D.B. 4967, PG./ 2.82 AC. ± I I � o \ M"i � 1i A NTHDUSTRIA���/ / LID 14 \ -' / � / / / J Z L1J 11//( (J( ) I I /I S LO�6o IL0�16 / /) / / \ MA 12� MA 11 ` % / m Z l )) / 111 J \ / BUILDING 0 PN / �o GM 12 �9 MA 13 \ I / \_ � / � / U , ( J ) / / / / � 26 26 L0 14 L0 16 12 / M / r � M - / / LO 11 A O 12 MA 1 ( % N 2 � - / (� / / o 7 / xr - PN w \.� I "- 7 MAS M_A17 (-6�i `61 (( Imo\ f (_ _ t LID LO24( N 50°36'43" W _ ` _ �� III I i I X / X - X �T x - PF' 668.41' - I � I � �� P � \ � I � A � ) I I I (� ' / J SCALE: 1 "=60' z \ \\ Z f � (/ / / 0 30 60 120 180 240 Q IPF IRON PIPE FOUND QO IRF IRON ROD FOUND 00 IRS IRON ROD SET ® PKF PK NAIL FOUND QO PKS PK NAIL SET O CMF CONCRETE MONUMENT FOUND 3 Q BENCH MARK O cP COMPUTED POINT ®BFP BACK FLOW PREVENTER TR TRANSFORMER C- GUY ANCHOR ®Icv IRRIGATION CONTROL VALVE ® TELECOMMUNICATION UTILITY 0 WATER METER x WATER VALVE FIRE HYDRANT Po CLEAN -OUT (D SANITARY SEWER MANHOLE Q) STORM DRAINAGE MANHOLE E3 STORM DROP INLET ® STORM CURB INLET -,\I/_ _7/I\\ TREE (2) ELECTRIC METER Z O cn ILL! d O N W H � C) �:) 4 I� C/� N L� 1 W Z 0 I-�I O W (/] � O Q ^ af O O W w4 �:z H r4 I_.L.I Q � � P4 J h,Q O a C� a. N Q W U Ow P__I( Z oo N r- N _ � ' U• G1 4 00 U.�pr- N Z Q ct p U p ��� U �oO s W U CV r— O Z Or �E � U��N S� ^'0 E r- Z O � .4 �A W I._4 F__� � Ci W U z C/� z � 9 O ^ O � � Y-� H 1_.' h-i I,--1 �w �0 �-) �, C/�U � W W O = 0 O O Q� w O F^ ^ Q W , C_ Il I._4 h4 W �' � � H vo WF- o(D a3: N I Z � - O 00 F o Q F- � � U) z 00 o O LL U) } } Q Q Of Z U �,c_� LLI F QUA EL Z_ > 0 b > O U J J W 0- of Lijz>Z>Y W J > U 0 0Ui000 oa-Eioof SEAL EX-1 PEI JOB#: 24237.PE ITEM: 8 - 16 - 2 �GT 140 cyc�F F� �O AO �S �4, P� M SITE S��G O� 9�s ol, ti0 q DR off, VICINITY MAP NOT TO SCALE NORTH SITE DATA PROJECT ADDRESSES: PROPERTY OWNERS: BEE SAFE PORTERS NECK, LLC, HERBERT E PARHAM, AND B-2 PARCEL PINS: R03600-005-007-000 (± 2.82 AC) R03600-005-006-002 (± 0.39 AC) R-15 PARCEL PINS: R03700-004-147-000 (± 20.41 AC) R03700-004-148-000 (± 2.12 AC) R03700-004-189-000 (± 7.79 AC) ROAD CONNECTION PARCEL (NOT INCLUDED IN SUP REQUESTS): PROPERTY OWNER: ROBERT L YUNASKA R03600-006-082-000 (1-1 ZONING, ±0.02 AC) PROPOSED USE: MIXED -USE COMMERCIAL/RETAIL & RESIDENTIAL MULTI -FAMILY, TOWNHOME (ROWHOUSE) RESIDENTIAL FUTURE LAND USE CLASSIFICATION: URBAN MIXED USE, GENERAL RESIDENTIAL, GROWTH NODE TOTAL PROJECT SITE AREA: ± 33.43 AC CURRENT ZONING: B-2 (±3.21 AC) & R-15 (±30.22 AC INCLUDING ± 1.30 AC IN COD) PROPOSED ZONING: SUP - B-2 MIXED USE & SUP- R-15 ADDITIONAL DWELLING ALLOWANCE DENSITY: SUP - B-2 MIXED USE B-2 DENSITY DENSITY ALLOWED: NO MAX. OR MIN. IDENTIFIED IN UDO DENSITY PROPOSED: B-2 DENSITY: 19.31 DU/AC SUP- R-15 ADDITIONAL DWELLING ALLOWANCE HIGH DENSITY RESIDENTIAL DENSITY ALLOWED: 10.2 DU/AC PROPOSED DENSITY: 8.37 DU/AC EXCLUDING COD AREA 8.0 DU/AC INCLUDING COD AREA 54 MAXIMUM TOTAL PROPOSED UNITS: 304 TOTAL UNITS + RETAIL SPACE 242 TOWNHOMES (R-15) 62 APARTMENT UNITS (B-2) 1,800 SF RETAIL MAX. (B-2) SITE DEVELOPMENT NOTES: B-2 MIXED -USE APARTMENTS / RETAIL SUP DESIGN REQUIREMENTS OPEN SPACE REQUIRED: 20% OPEN SPACE PROVIDED: MEET OR EXCEED 20% MINIMUM B-2 PARKING REQUIREMENTS 1.5 SPACES REQUIRED PER 1 BEDROOM UNIT, 2 SPACES PER 2+ BEDROOM UNIT PARKING REQUIRED: (52) 1BD X 1.5 = 78 APARTMENT SPACES (10) 2 OR 3 BD (MAX.) X 2 = 20 APARTMENT SPACES TOTAL APARTMENT SPACES: 98 SPACES 1,800 SF (2.5 / 1000 SF) = 5 COMMERCIAL SPACES 104 TOTAL SPACES REQUIRED PARKING PROVIDED: 107 SPACES, MINIMUM, PROVIDED, PARKING WILL BE ADJUSTED PER UDO IF UNIT TYPE CHANGES BUILDING DIMENSIONAL REQUIREMENTS: BUILDING HEIGHT: 3 STORIES OR 50' MAX HT BUILDING SETBACK: EXCEEDS 100' SHOD SETBACK, 25' MINIMUM SIDE AND REAR SETBACKS PARKING SETBACK: MEETS SHOD 25' MINIMUM SETBACK R-15 SUP DESIGN REQUIREMENTS: IMPERVIOUS SURFACE ALLOWED: 40% MAX. IMPERVIOUS SURFACE PROVIDED: 40% MAX. OPEN SPACE REQUIRED: 35% OPEN SPACE PROVIDED: MEET OR EXCEED 35% MINIMUM PARKING REQUIREMENTS - R-15 DWELLING, ROW -STYLE (TOWNHOMES) 2 SPACES REQUIRED PER DWELLING UNIT TOWNHOME PARKING REQUIRED: 484 SPACES TOWNHOME PARKING PROVIDED: 484 SPACES MINIMUM; VISITOR SPACES PROVIDED IN PARALLEL PARKING SPACES BUILDING DIMENSIONAL REQUIREMENTS: BUILDING HEIGHT: 40' MAX HT BUILDING SETBACK: EXCEEDS 20' SINGLE FAMILY AND 30' MULTI -FAMILY SETBACKS 53 I I Hj_ II 57 17 0 Fit- II GENERAL NOTES: 1. THE PROPOSED DEVELOPMENT SHALL MEET OR EXCEED ALL NEW HANOVER COUNTY (NHC) ORDINANCE AND PERMIT REQUIREMENTS. 2. IF THE SUP IS GRANTED, THE B-2 AND R-15 PORTIONS OF THE SITE WILL BE CONSTRUCTED AS A COHESIVELY DESIGNED. PERMITTED, CONSTRUCTED, AND MAINTAINED. 3. THE HATCHED 1-1 ZONED PROPERTY LOCATED BETWEEN THE B-2 AND R-15 SITE SHALL PROVIDE VEHICULAR, PEDESTRIAN, AND UTILITY ACCESS FOR ALL PARCELS WITHIN THE DEVELOPMENT BOUNDARY. 4. THE DEVELOPMENT SHALL HAVE A HOA / POA IF / AS APPLICABLE. 5. STORM WATER SHALL BE DESIGNED AND PERMITTED IN ACCORDANCE WITH ALL NEW HANOVER COUNTY AND STATE REQUIREMENTS. 6. PUBLIC WATER AND SEWER WILL BE EXTENDED BY THE DEVELOPER TO THE SITE. ALL DESIGN AND PERMITTING SHALL BE COORDINATED WITH CFPUA, NEW HANOVER COUNTY, AND STATE REGULATORS AS REQUIRED. 7. ALL LANDSCAPE & BUFFER MATERIALS AND INSTALLATION SHALL MEET OR EXCEED NHC UDO REQUIREMENTS. 8. LOCATIONS OF ALL AMENITY AND RECREATION AREAS MAY CHANGE PENDING FINAL DESIGN 9. EXISTING TREES PROPOSED FOR PRESERVATION, BUT WILL BE FURTHER EVALUATED WITH FINAL DESIGN; TREE MITIGATION WILL BE REVIEWED WITH PART OF TREE REMOVAL PERMIT. EXISTING CONDITIONS/ ENVIRONMENTAL NOTES: FLOOD INFORMATION: THE SUBJECT PARCELS ARE LOCATED IN ZONE X- MINIMAL FLOOD RISK - AS SHOWN BY FEMA MAP NUMBER 3720316900K & 3720326000K BEARING AN EFFECTIVE DATE OF AUGUST 28, 2018. WETLAND INFORMATION: A PRELIMINARY WETLAND DELINEATION WAS PREPARED BY DAVEY RESOURCE GROUP AND REVIEWED ON -SITE BY THE USACE 8/15/24. WETLAND IMPACT PERMITS WILL BE SUBMITTED AND APPROVED PRIOR TO CONSTRUCTION OF THE PROPOSED DEVELOPMENT. SPECIMEN TREES: SPECIMEN TREES HAVE BEEN FOUND ON SITE & ARE BEING PRESERVED. ALL TREE REMOVAL & MITIGATION PLANS AND PERMIT REQUESTS WILL BE SUBMITTED TO NHC FOR REVIEW AND APPROVAL PRIOR TO TREE REMOVAL ON -SITE. EXISTING VEGETATION: THE SITE IS COMPRISED OF A MIXTURE OF OPEN GRASSED AREAS & WOODED AREAS. WETLANDS ALONG EXISTING CREEK ARE VEGETATED AND WILL REMAIN UNDISTURBED OUTSIDE OF ANY WETLAND IMPACTS PERMITTED FOR CONSTRUCTION OF THE ESSENTIAL SITE IMPROVEMENTS FOR THE PROPOSED DEVELOPMENT. CONSERVATION OVERLAY DISTRICT (COD): THE EXISTING POND LOCATED IN THE NORTHEASTERN SIDE OF THE SITE IS IDENTIFIED BY NHC'S UDO & ONLINE GIS AS A "NATURAL POND" COD. THIS COD WILL BE PRESERVED AND THE REQUIRED 50' HAS A 50' BUFFER AROUND THE COD WILL BE SELECTIVELY REVEGETATED IN AIBggADAW&N7%i6N&ypf)ebruary 3, 2025 L L I I I � I /o< Lu QV h� — — \ ccr_ I IQLo ml \ \ CL 34 52 20 44 68 R03700-0 o26- ti 03700-004-293-000 POINT PORTER'S Eo; 50 HOMEOWNERS HOMEOWNERS 67 .1 O¢gASSOCIATION, INC-293-000 49 PORT 56 p i2 :� dOti5.� ASSOCIATION, INC D.B. 5790, PG. 35 % OS o'. ,{, y o O S D.B. 5790, PG. 35 ^ a: O O mQ' ? M.B. 55, PG. 340 �r d,9�`i� ygse? M.B. 55, PG. 340 O y ZONING: R-15 a a —,,,PRIVATE ALLEY LAND USE: RESIDENTIAL �\ �'y8 m' ZONING: IDE S 47 46 24 E S 50°19'17" E O� p -/d, eb O LAND USE: RESIDENTIAL 2 COMMUNITY OPEN SPACES 48°16'45" E � o O COMMUNITY OPEN SPACE J 150.03' 121.53' I— — — — — 506.30' -- — 2------I R03700-004 294 000 °'IM' I R03600-005-005-000 SANDERS FAMILY STORAGE, LLC D.8.6001, PG. 1677 ZONING: B-2 7 LAND USE: COMMERCIAL STORAGE ■ 35 s BLD6 I ® BLD6 2 f _= -_- 4 KEY LEGEND: 1 A HEAVY DUTY ASPHALT PAVING, TYP. (SEE DETAILS) 1 B LIGHT DUTY ASPHALT PAVING, TYP. (SEE DETAILS) CURB AND GUTTER VERTICAL CURB ❑3 CONCRETE SIDEWALK INTERCONNECTED SIDEWALK,TRAIL SYSTEM THROUGHOUT PROJECT ® ADA CURB RAMP WITH TRUNCATED DOMES WARNING MAT ❑5 SPECIMEN LIVE OAK CLUSTER PRESERVED © PEDESTRIAN CROSSING LOCATION ❑7 PARKING LOT STRIPING ® ADA PARKING SPACE (TYP) 1 � v R03600-005-008-000 GREGORY POOLE EQUIPMENT COMPANY `38 D.B. 6645, PG. 1746 ZONING: B-2 LAND USE: COMMERCIAL ADA LOADING SPACE (TYP) 10 ADA PARKING SPACE SIGNAGE (TYP) 11 WATER MAIN (SEE UTILITY PLAN) 12 WATER SERVICE (DOMESTIC) (SEE UTILITY PLAN) 13 WATER SERVICE (FIRE) (SEE UTILITY PLAN) 14 WATER METER (SEE UTILITY PLAN) 15 FIRE HYDRANT (SEE UTILITY PLAN) 16 SANITARY SEWER MAIN (SEE UTILITY PLAN) 17 SANITARY SEWER SERVICE (SEE UTILITY PLAN) 18 SEWER CLEANOUT (SEE UTILITY PLAN) PORTER'S POINTE m HOMEOWNERS z ASSOCIATION, INC D.B. 5790, PG. 35 M.B. 55, PG. 340 ZONING: R-15 LAND USE: RESIDENTIAL AMEN ITV S 50°28'07" E 115.22' — J 1p 1 g STORM PIPE (SEE GRADING & DRAINAGE PLAN) 2O STORM STRUCTURE (SEE GRADING & DRAINAGE PLAN) 21 STORMWATER POND 22 STORMWATER OUTFALL 23 LEVEL SPREADER 24 EMERGENCY STORMWATER OUTFALL 25 EXISTING NON -WETLAND WATERS OF THE US 26 WETLAND IMPACTED FOR ROAD CROSSING 27 WETLANDS PER APPROVED USACE AJD WETLAND DELINEATION DATED 08/26/2024 28 EXISTING POND IDENTIFIED AS "NATURAL POND" CONSERVATION AREA IN NHC UDO. POND TO REMAIN AND HAVE COD BUFFER 2g SWALE PROVIDING OUTFALL DRAINAGE FOR EXISTING POND mill rz pa I� I Pr I� I� I LEGEND SUBJECT PROPERTY LINE PROPOSED POND ET ET ET 3 13 13 WETLANDS PROPOSED BUILDINGS EXISTING TREE OPROPOSED TREE I \ I 48 60 R03705-006-007-000 KATHRYN WOLFE & I 61 33 LARRY STEVEN MORGAN R03705-006-012-000 D.B. 6025, PG. 1493 JOANN M. WAINIO M. B. 46, PG. 25 D.S. 5694, PG. 1838 ZONING: R-11 M.B. 46, PG. 25 LAND USE' ZONING: R-15 — RESIDENTIAL / LAND USE: R03700-004-217-000 S48°24'S3"E RESIDENTIAL XIAODAN DOING& QIYONG WENG / D.B. 6221, PG. 569 M.B_49, PG, 102 TT / ZONING: R-15 � LAND USE: RESIDENTIAL / R03700-0O4-21&OOO JESUS & G. ROSELINE H. DIZA-gUIROZ ',<_ 4�• \ \ D.B. 5440, PG. 2569 M.B. 49, PG. 102 1 ` ZONING: R-15 4 Y \\IrR ND USE: RR IDENTIAL -004-215-000 —_ --- JOLIN BEVIN 8 NANCV IBSON 47, PG. 715 -9, PG. 102 NG: R-15 D USE: DENTIAL-004-214000J&ICTTHEWS 1 D.B. 64EI% PG. 1689 y \ M.B. PG, 102 ZONING: R-15 LAND USE: A; ;;� • RESIDENTIAL -- _-_ ,.. 62 MIDSTREAM DRIVE iMas" 50' PUBLIC R/W 121.4 121.43 R03700-004-295-000 II !a; RICHARD WILSON cl)•�• ___ II 7 D.B. 5545, PG. 2050 •F• _ z _ J - I I M.B. 51, PG. 154 63 _ I ZONING: LAND USE: RESIDENTIAL " I I 34 R03700-004-296-000 CAMERON DANIEL • •t• I D. B.PG.242 .51, M.B. 51, PG. 154 _ ZONING: R-15 LAND USE: 51 RESIDENTIAL • R03700-004-297-000 '• ROC HELLE KREINER D B 6406 PG. 1314 M B 51 PG. 154 ZONING: R-15 LAND USE: RESIDENTIAL r'. 42 4 ® s — ;� - I R03700-004-298-000 L,I ANNA ROVETTO I ": D.B. 6636, PG. 1714 M.B. 51, PG. 154 I - I ZONING: R-15 LAND USE: I RESIDENTIAL R03700-004-299-000 e,. EDWARD SOUTHERLAND D.B. 5571, PG. 1535 38 M.B. 51, PG. 154 ZONING: R-15 LAND USE: _ RESIDENTIAL W W — — _ _ o ROTEVE LM 1)300-000 6'3 ..:�.- .... •..:, . ,: -�:-, t .. � �,-:.:. •r' •.: i,:�;�::';: �. l: ;i ..: 8. 57� PG. 154 0 1'. .. , • . 1: v .�".S: .. r�:.,.. • �' 1. •:. • w' y..: , .:..�, k ZONING: R-15 — LAND USE: RESIDENTIAL ," �� _ _ 103700-004-301-000 O 21 44 REK REEVES D.B. E5625 PG 1573 I� M.B. 154 " ••••• �\ \ ~ - ZONININ G:: R-15 LAND USE: RESIDENTIAL R0- 03700.4-011-000 — / 5 PORTERS CROSSING 0000 CA INC H D.B. 23 6102, PG. 2894 M.B. 154 A21 13 �� • ZONING: LAND USE: 5 RESIDENTIALAMENITY LOT 7— 24 22 48 1 - . :03600-006-01006-012-000 V . _IZABE�ICHAD MOB LOT 143 ` ` fL IT / 1-IZABETH MOBURG R03600-006-013-000 ` v PG. NOVA E. BENEVENTI M.B.43, PG. 372 72 \ REVOCABLE TRUST ZONING: R-15 D.B. 5020, PG. 2264 LAND USE: M.B. PG. 372 -� 59 RESIDENTIAL \ ZONING: R-15 _ //- I 58 \ O LAND USE: RESIDENTIAL LOT,44 R03600-006-01006-014-000 DAVID M. RENQUIST MARY E. RENQUIST �, m 0. a O h a D.B. 1020, P. 2264 y / 1 M.B. 43, PG. 372 Z \ d O ¢ d O ¢ I ZONING: R-15 I �76 I rcO,6z-5W/ LAND USE - "' g O S o RESIDENTIAL M m LOT 747 R03600OT 1417-000 ___-=-_----- PRUDENTIAL \ \ I RELOCATION INC. % \\\ \ \ - _--- _-_ ----- -- - I ■ \ D.B. 523, PG. 722 �\ - _ _ --=--- ■ I M.B. 43, PG. 372 _ ------ - \ \ / ZONING: R-15 LAND USE: J_ / RESIDENTIAL 27 `-� ` `: LOT 148 34 R03600-006-01-01 000 -- �-- L5 BRADLEY J. ERBES Lai- -- LOT 0 rTI TAMI L. ERBES LOT 149 R03600-006-02006-026-000 W \ D.B. 5238, PG. 722 R03600-006-024-00R0 0 I LOT 150 MADISON M. B M..43, PG.372 ERNEST W. OLDS 3600-OOfi-02Ofi-025-000 NEWS ME \ \ ZONING: R-15 DAWN M. OLDS RICHARD MIMMS BUNJONG P. \ D.B. 6056, P,. 182 SUPATRA MIMMS NEWS ME LAND USE: M.B. 44, PG, 307 D.B. 6221, PG. 2760 D. B. 4655, PG. 304 RESIDENTIAL ZONING: R-15 M.B. 44, PG. 307 M.B. 44, PG. 307 1 LAND USE: ZOZ DINING' ONING: R-15 / RESIDENTIAL LAND SE: LAND USE: — RESIDENTIAL RESIDENTIAL 30 20' WIDE DRAINAGE EASEMENT IN 1-1 PARCEL 31 ROAD CONNECTION BETWEEN B-2 AND R-15 PARCELS ALL NECESSARY UTILITY AND STORMWATER EASEMENTS CONVEYED BETWEEN B-2 AND R-15 PARCELS LOCATED ALONG ROAD 32 1-1 PARCEL ROAD CONNECTION BETWEEN B-2 AND R-15 PARCELS 33 MAINTENANCE BUILDING 34 MINIMUM R-15 REQUIRED BUILDING SETBACK TO ADJACENT RESIDENTIAL 35 25' MINIMUM REQUIRED BUILDING SETBACK IN B-2 DISTRICT BUILDING SETBACKS EXCEED MINIMUM REQUIREMENT IN ALL LOCATIONS 36 CLUBHOUSE / PROPERTY MANAGEMENT OFFICE / FITNESS / RECREATION CENTER 37 FENCED POOL W/ SUMMER KITCHEN AND CABANA(S) 38 BUILDING LANDSCAPE AREA FOUNDATION PLANTINGS AROUND ALL BUILDINGS, TYP 39 SEGMENTAL RETAINING WALL I II 4O 4" HIGH CONCRETE WHEELSTOP 48 EXISTING TREE, TYP. 58 EXISTING 30' PUBLIC UTILITY EASEMENT 41 STREET LIGHT, TYP. 49 PICKLEBALL COURTS 59 EXISTING 15' DRAINAGE & PUBLIC UTILITY O SEE GENERAL NOTES EASEMENT 42 NATURE TRAIL 5O OPEN SPACE, TYP. 60 EXISTING 30' SANITARY SEWER EASEMENT 43 EXISTING VEGETATION / LANDSCAPE BUFFER 51 DOG PARK 61 EXISTING 30' DRAINAGE & PUBLIC UTILITY I COMBINATION OF EXISTING & PLANTED SEE GENERAL NOTES EASEMENT VEGETATION CREATING BUFFER TO ADJACENT PROPERTIES; BUFFERS EXCEED MOTOR COURT, TYP. 62 EXISTING 20' UTILITY EASEMENT 52 MINIMUM BUFFER REQUIRED RESIDENTS' PARKING AT CORE OF EACH ~� BLOCK BEHIND UNITS. GARAGE ACCESS 63 EXISTING 20' DRAINAGE & UTILITY EASEMENT 43A MINIMUM BUFFER LINE PROVIDED IN MOTOR COURT 64 COMMERCIAL SPACE 44 PROPOSED LANDSCAPE 53 STREETYARD BETWEEN 1700 SF AND 1800 SF ^ STREET TREES ALONG ALL PROJECT ROADS 25' MINIMUM REQUIRED AND IN LANDSCAPE ISLANDS 65 MIXED USE BUILDING 45 TRASH &RECYCLING COMPACTOR W/ SCREEN 50' MAXIMUM SHOD PARKING SETBACK54 66 MULTI -FAMILY BUILDING 55 100' MAXIMUM SHOD BUILDING SETBACK ALL RESIDENTIAL APARTMENTS 46 MONUMENT SIGN 56 EXISTING 40' DRAINAGE & PUBLIC UTILITY 67 3-STORY ROW STYLE TOWNHOME WITH 47 EMERGENCY -ONLY GATED ACCESS EASEMENT IN -UNIT GARAGE, TYP. GATED ACCESS FOR EMERGENCY VEHICLES EQUIPPED WITH KNOX BOX/LOCK. ALIGN 57 EXISTING 30' DUKE ENERGY PROGRESS, 6$ 2-STORY END -UNIT ROW STYLE TOWNHOME, PAVING WITH BRAYS DRIVE LLC EASEMENT NO GARAGE, TYP. TO BE RELOCATED, PENDING DUKE APPROVAL GRAPHIC SCALE H 0 50 100 200 400 SCALE: 1 "=100' z O w N O W O N o O� cQ w pe, G Z O a C/:) W U r 0- N C7 Q W0- Z ow _ c O N00 � O � N Z O Q� 4-4 Cn w 00 VZ� W CIA Z� V Z r ' 0 �z 3� W W� O U� H� 1 W W�� voWWm L`!o22d cV Q Q d Z O II O_ H Q U) O z LL 00 o z_ J J d U <�� QZ �wo 0 W W� Q a j W Z zLu O U J_ W Q W_ J (.5 0ILLL0IL � 0U)oo SEAL C-200 PEI JOB#: 24237.PE 'oGT 140 cyc�F F� AO �S IT O� OQ- .� '94,OQ 9�s c'T ti 0 DR O,p VICINITY MAP Nkl NOT TO SCALE NORTH SITE DATA PROJECT ADDRESSES: PROPERTY OWNERS: BEE SAFE PORTERS NECK, LLC, HERBERT E PARHAM, AND B-2 PARCEL PINS: R03600-005-007-000 (± 2.82 AC) R03600-005-006-002 (± 0.39 AC) R-15 PARCEL PINS: R03700-004-147-000 (± 20.41 AC) R03700-004-148-000 (± 2.12 AC) R03700-004-189-000 (± 7.79 AC) ROAD CONNECTION PARCEL (NOT INCLUDED IN SUP REQUESTS): PROPERTY OWNER: ROBERT L YUNASKA R03600-006-082-000 (I-1 ZONING, ±0.02 AC) PROPOSED USE: MIXED -USE COMMERCIAL/RETAIL & RESIDENTIAL MULTI -FAMILY, TOWNHOME (ROWHOUSE) RESIDENTIAL FUTURE LAND USE CLASSIFICATION: URBAN MIXED USE, GENERAL RESIDENTIAL, GROWTH NODE TOTAL PROJECT SITE AREA: ± 33.43 AC CURRENT ZONING: B-2 (±3.21 AC) & R-15 (±30.22 AC INCLUDING ± 1.30 AC IN COD) PROPOSED ZONING: SUP - B-2 MIXED USE & SUP- R-15 ADDITIONAL DWELLING ALLOWANCE DENSITY: SUP - B-2 MIXED USE B-2 DENSITY DENSITY ALLOWED: NO MAX. OR MIN. IDENTIFIED IN LIDO DENSITY PROPOSED: B-2 DENSITY: 19.31 DU/AC SUP- R-15 ADDITIONAL DWELLING ALLOWANCE HIGH DENSITY RESIDENTIAL DENSITY ALLOWED: 10.2 DU/AC PROPOSED DENSITY: 8.37 DU/AC EXCLUDING COD AREA 8.0 DU/AC INCLUDING COD AREA AAXIMUM TOTAL PROPOSED UNITS: 304 TOTAL UNITS + RETAIL SPACE 242 TOWNHOMES (R-15) 62 APARTMENT UNITS (B-2) 1,800 SF RETAIL MAX. (B-2) SITE DEVELOPMENT NOTES: B-2 MIXED -USE APARTMENTS / RETAIL SUP DESIGN REQUIREMENTS OPEN SPACE REQUIRED: 20% OPEN SPACE PROVIDED: MEET OR EXCEED 20% MINIMUM B-2 PARKING REQUIREMENTS 1.5 SPACES REQUIRED PER 1 BEDROOM UNIT, 2 SPACES PER 2+ BEDROOM UNIT PARKING REQUIRED: (52) 1BD X 1.5 = 78 APARTMENT SPACES (10) 2 OR 3 BD (MAX.) X 2 = 20 APARTMENT SPACES TOTAL APARTMENT SPACES: 98 SPACES 1,800 SF (2.5 / 1000 SF) = 5 COMMERCIAL SPACES 103 TOTAL SPACES REQUIRED PARKING PROVIDED: 107 SPACES, MINIMUM, PROVIDED, PARKING WILL BE ADJUSTED PER LIDO IF UNIT TYPE CHANGES BUILDING DIMENSIONAL REQUIREMENTS: BUILDING HEIGHT: 3 STORIES OR 50' MAX HT BUILDING SETBACK: EXCEEDS 100' SHOD SETBACK, 25' MINIMUM SIDE AND REAR SETBACKS PARKING SETBACK: MEETS SHOD 25MINIMUM SETBACK GENERAL NOTES: 1. THE PROPOSED DEVELOPMENT SHALL MEET OR EXCEED ALL NEW HANOVER COUNTY (NHC) ORDINANCE AND PERMIT REQUIREMENTS. 2. IF THE SUP IS GRANTED, THE B-2 AND R-15 PORTIONS OF THE SITE WILL BE CONSTRUCTED AS A COHESIVELY DESIGNED. PERMITTED, CONSTRUCTED, AND MAINTAINED. 3. THE HATCHED 1-1 ZONED PROPERTY LOCATED BETWEEN THE B-2 AND R-15 SITE SHALL PROVIDE VEHICULAR, PEDESTRIAN, AND UTILITY ACCESS FOR ALL PARCELS WITHIN THE DEVELOPMENT BOUNDARY. 4. THE DEVELOPMENT SHALL HAVE A HOA / POA IF / AS APPLICABLE. 5. STORM WATER SHALL BE DESIGNED AND PERMITTED IN ACCORDANCE WITH ALL NEW HANOVER COUNTY AND STATE REQUIREMENTS. 6. PUBLIC WATER AND SEWER WILL BE EXTENDED BY THE DEVELOPER TO THE SITE. ALL DESIGN AND PERMITTING SHALL BE COORDINATED WITH CFPUA, NEW HANOVER COUNTY, AND STATE REGULATORS AS REQUIRED. 7. ALL LANDSCAPE & BUFFER MATERIALS AND INSTALLATION SHALL MEET OR EXCEED NHC LIDO REQUIREMENTS. 8. LOCATIONS OF ALL AMENITY AND RECREATION AREAS MAY CHANGE PENDING FINAL DESIGN 9. EXISTING TREES PROPOSED FOR PRESERVATION, BUT WILL BE FURTHER EVALUATED WITH FINAL DESIGN; TREE MITIGATION WILL BE REVIEWED WITH PART OF TREE REMOVAL PERMIT. EXISTING CONDITIONS/ ENVIRONMENTAL NOTES: FLOOD INFORMATION: THE SUBJECT PARCELS ARE LOCATED IN ZONE X - MINIMAL FLOOD RISK -AS SHOWN BY FEMA MAP NUMBER 3720316900K & 3720326000K BEARING AN EFFECTIVE DATE OF AUGUST 28, 2018. WETLAND INFORMATION: A PRELIMINARY WETLAND DELINEATION WAS PREPARED BY DAVEY RESOURCE GROUP AND REVIEWED ON -SITE BY THE USACE 8/15/24. WETLAND IMPACT PERMITS WILL BE SUBMITTED AND APPROVED PRIOR TO CONSTRUCTION OF THE PROPOSED DEVELOPMENT. SPECIMEN TREES: SPECIMEN TREES HAVE BEEN FOUND ON SITE & ARE BEING PRESERVED. ALL TREE REMOVAL & MITIGATION PLANS AND PERMIT REQUESTS WILL BE SUBMITTED TO NHC FOR REVIEW AND APPROVAL PRIOR TO TREE REMOVAL ON -SITE. EXISTING VEGETATION: THE SITE IS COMPRISED OF A MIXTURE OF OPEN GRASSED AREAS & WOODED AREAS. WETLANDS ALONG EXISTING CREEK ARE VEGETATED AND WILL REMAIN UNDISTURBED OUTSIDE OF ANY WETLAND IMPACTS PERMITTED FOR CONSTRUCTION OF THE ESSENTIAL SITE IMPROVEMENTS FOR THE PROPOSED DEVELOPMENT. CONSERVATION OVERLAY DISTRICT (COD): THE EXISTING POND LOCATED IN THE NORTHEASTERN SIDE OF THE SITE IS IDENTIFIED BY NHC'S UDO & ONLINE GIS AS A "NATURAL POND" COD. THIS COD WILL BE PRESERVED AND THE REQUIRED 50' HAS A 50' BUFFER AROUND THE COD WILL BE SELECTIVELY REVEGETATED IN ACCORDANCE WITH THE LIDO. Board of Commissioners - February 3, 2025 KEY LEGEND: 1A HEAVY DUTY ASPHALT PAVING, TYP. (SEE DETAILS) 1 B LIGHT DUTY ASPHALT PAVING, TYP. (SEE DETAILS) CURB AND GUTTER VERTICAL CURB ❑3 CONCRETE SIDEWALK INTERCONNECTED SIDEWALK,TRAIL SYSTEM THROUGHOUT PROJECT ® ADA CURB RAMP WITH TRUNCATED DOMES WARNING MAT SPECIMEN LIVE OAK CLUSTER PRESERVED © PEDESTRIAN CROSSING LOCATION 7] PARKING LOT STRIPING ® ADA PARKING SPACE (TYP) ❑g ADA LOADING SPACE (TYP) 1 O ADA PARKING SPACE SIGNAGE (TYP) 11 WATER MAIN (SEE UTILITY PLAN) 12 WATER SERVICE (DOMESTIC) (SEE UTILITY PLAN) 13 WATER SERVICE (FIRE) (SEE UTILITY PLAN) 14 WATER METER (SEE UTILITY PLAN) 15 FIRE HYDRANT (SEE UTILITY PLAN) 16 SANITARY SEWER MAIN (SEE UTILITY PLAN) 17 SANITARY SEWER SERVICE (SEE UTILITY PLAN) 18 SEWER CLEANOUT (SEE UTILITY PLAN) 19 STORM PIPE (SEE GRADING & DRAINAGE PLAN) 20 STORM STRUCTURE (SEE GRADING & DRAINAGE PLAN) 21 STORMWATER POND 22 STORMWATER OUTFALL 23 LEVELSPREADER 24 EMERGENCY STORMWATER OUTFALL 25 EXISTING NON -WETLAND WATERS OF THE US 26 WETLAND IMPACTED FOR ROAD CROSSING 27 WETLANDS PER APPROVED USACE AJD WETLAND DELINEATION DATED 08/26/2024 28 EXISTING POND IDENTIFIED AS "NATURAL POND" CONSERVATION AREA IN NHC LIDO. POND TO REMAIN AND HAVE COD BUFFER 29 SWALE PROVIDING OUTFALL DRAINAGE FOR EXISTING POND R03600-005-005-000 SANDERS FAMILY STORAGE, LLC D.B. 6001, PG. 1677 ZONING: B-2 LAND USE: COMMERCAAI R03600-005-008-000 GREGORY POOLE EQUIPMENT COMPANY D.B. 6645, PG. 1746 ZONING: B-2 LAND USE: COMMERCIAL 3O 20' WIDE DRAINAGE EASEMENT IN 1-1 PARCEL 31 ROAD CONNECTION BETWEEN B-2 AND R-15 PARCELS ALL NECESSARY UTILITY AND STORMWATER EASEMENTS CONVEYED BETWEEN B-2 AND R-15 PARCELS LOCATED ALONG ROAD 32 1-1 PARCEL ROAD CONNECTION BETWEEN B-2 AND R-15 PARCELS 33 MAINTENANCE BUILDING 34 MINIMUM R-15 REQUIRED BUILDING SETBACK TO ADJACENT RESIDENTIAL Q 35 25' MINIMUM REQUIRED BUILDING SETBACK IN B-2 DISTRICT BUILDING SETBACKS EXCEED MINIMUM REQUIREMENT IN ALL LOCATIONS 36 CLUBHOUSE / PROPERTY MANAGEMENT OFFICE / FITNESS / 37 FENCED POOL W/ SUMMER KITCHEN AND CABANA(S) 38 BUILDING LANDSCAPE AREA FOUNDATION PLANTINGS AROUND ALL BUILDINGS, TYP. 39 SEGMENTAL RETAINING WALL 4O 4" HIGH CONCRETE WHEELSTOP 41 STREET LIGHT, TYP. 42 NATURE TRAIL 43 EXISTING VEGETATION / LANDSCAPE BUFFER COMBINATION OF EXISTING & PLANTED VEGETATION CREATING BUFFER TO ADJACENT PROPERTIES; BUFFERS EXCEED MINIMUM BUFFER REQUIRED 43A MINIMUM BUFFER LINE 44 PROPOSED LANDSCAPE STREET TREES ALONG ALL PROJECT ROADS AND IN LANDSCAPE ISLANDS 45 TRASH & RECYCLING COMPACTOR W/ SCREEN 46 MONUMENT SIGN 47 EMERGENCY -ONLY GATED ACCESS GATED ACCESS FOR EMERGENCY VEHICLES EQUIPPED WITH KNOX BOX/LOCK. ALIGN PAVING WITH BRAYS DRIVE '16" E 2, `Q o30 _H _o R03600-006-082-000 ROBERT L. YUNASKA D.B. 4626, PG. 912 M.B. 43, PG. 372 ZONING: 1-1 to LAND USE: VACANT INDUSTRIAL 48 EXISTING TREE, TYP. 49 PICKLEBALL COURTS SEE GENERAL NOTES 50 OPEN SPACE, TYP. 51 DOG PARK SEE GENERAL NOTES 52 MOTOR COURT, TYP. RESIDENTS' PARKING AT CORE OF EACH BLOCK BEHIND UNITS. GARAGE ACCESS PROVIDED IN MOTOR COURT 53 STREETYARD 25' MINIMUM REQUIRED 54 50' MAXIMUM SHOD PARKING SETBACK 55 100' MAXIMUM SHOD BUILDING SETBACK 56 EXISTING 40' DRAINAGE & PUBLIC UTILITY EASEMENT 57 EXISTING 30' DUKE ENERGY PROGRESS, LLC EASEMENT TO BE RELOCATED, PENDING DUKE APPROVAL 58 EXISTING 30' PUBLIC UTILITY EASEMENT 59 EXISTING 15' DRAINAGE & PUBLIC UTILITY EASEMENT 60 EXISTING 30' SANITARY SEWER EASEMENT 61 EXISTING 30' DRAINAGE & PUBLIC UTILITY EASEMENT 62 EXISTING 20' UTILITY EASEMENT 63 EXISTING 20' DRAINAGE & UTILITY EASEMENT 64 COMMERCIAL SPACE BETWEEN 1700 SF AND 1800 SF 65 MIXED USE BUILDING 66 MULTI -FAMILY BUILDING ALL RESIDENTIAL APARTMENTS 67 3-STORY ROW STYLE TOWNHOME WITH IN -UNIT GARAGE, TYP. 68 2-STORY END -UNIT ROW STYLE TOWNHOME, NO GARAGE, TYP. GRAPHIC SCALE 0 25 50 100 200 SCALE: 1 "=50' Z O w N O d- N � V O O0 a � w z Q � 0 w U J 0- N a WO Z ow _ � O o N t` �� Z p N V O E ,sue N s�-.4 ^ Q� w cn 00 cn W cN,l 0 Z� V Z 0 �1 Z � O A W H W� H ~ O H O 0 Fil cMM� O�U �oWWm N�n22d o„aa� O Q Q DD U) O z LL o0 o Z J J w J L z O /n aofc�� U H a� 0 Z o W W�Qwa WZzo O U J_j W Q W J 2D3: U OLL00EL dOf cl Ui00 SEAL C-201 PEI JOB#: 24237.PE 14 AO SITE do VICINITY MAP NOT TO SCALE NORTH C. -- 9 MO co t ;-C) 0) c" 0. 4 �Z: jo- Io L 0 < w 2w 5 L10 C1-- 0 c.0 U) M U) < 18'PRIVATE ALLEY S 50'1917" E 150.03- 0 --Iw, I F_ 134 R03700-004-294-000 MCD PORTER'S POINTE 32 HOMEOWNERS cl) ASSOCIATION, INC z D.B. 5790, PG. 35 M.B. 55, PG. 340 ZONING: R-15 LAND USE: RESIDENTIAL AMENITY 43 S 50'28'07" E Lw Z.) CL R03700-004-293-000 / \ C14 .4\� 14004-293-000 PORTER'S POINTE PORTER'S POINTE L0 0"i HOMEOWNERS 0, 1� -"p 49 c ASSOCIATION, INC HOMEOWNERS 44 0, �'k 0 0 AS 00 1� SOCIATION, INC D.B. 5790, PG. 35 48 M.B. 55, PG. 340 , 0" \� D.B. 5790, PG. 35 iD 47 41 5b M.B. 55, PG. 340 20 ZONING: R-15 ZONING: R-15 50 LAND USE: RESIDENTIAL eo- MCOMMUNITY OPEN SPACE LAND USE: RESIDENTIAL 47'46'24" E S 48'13'45" E COMMUNITY OPEN SPA I 0C� 5030' 121 '53' 1- 47 1\ - 7 7-47 33 R03705-006-007-000 KATHRYN WOLFE & LARRY STEVEN 56 MORGAN D.B. 6025, PG. 1493 M.B. 46, PG. 25 ZONING: R-15 LAND USE. RESIDENTIAL • -♦- -1 •11 11 11 111 ® BMWs I �i ��� saiiyisaziyiss+-+�iy;JV� ', �3 J 1 , ��' :-C� � ` r I li A 10 FM E N 1811 A WNW WTOWITM I M Idulb Q RP ..\-���1:�,-..� _ � -, � � 2' � � ' � f - � s � � • • ■ ■ • • .. � � I i . 1 , ��, a I� 3 ADDITIONAL DWELLING as i I r ,� • _�,Q - - ALLOWANCE HIGH DENS11 RESIDENTIAL DENSITYALLOWED: 10.2 DU/AC PROPOSED DENSITY: 8.37 DU/AC EXCLUDING COD AREA 8.0 DU/AC PAP INCLUDING f 1 �r COD AREA MAXIMUM TOTAL PROPOSED UNITS: 304 TOTAL UNITS + RETAIL SPACE 242 TOWNHOMES (R-15) 62 APARTMENT UNITS (B 2) 1,800 SF RETAIL MAX. (B-2) - --- --- - --- --- --- --- - --- --- --- -- -- --- --- --- - - 36 SITE DEVELOPMENT NOTES-. 25 W R-15 SUP DESIGN REQUIREMENTS: 34 SS -SS _SS -SS IMPERVIOUS SURFACE ALLOWED: 40% MAX. S IMPERVIOUS SURFACE PROVIDED: 40% MAX. OPEN SPACE REQUIRED: 35% OPEN SPACE PROVIDED: MEET OR EXCEED 35% MINIMUM PARKING REQUIREMENTS - R-15 DWELLING, ROW -STYLE (TOWNHOMES) 2 SPACES REQUIRED PER DWELLING UNIT TOWNHOME PARKING REQUIRED: 484 SPACES MINIMUM TOWNHOME PARKING PROVIDED: 484 SPACES MINIMUM BUILDING DIMENSIONAL REQUIREMENTS BUILDING HEIGHT: 40'MAX HT BUILDING SETBACK: EXCEEDS 20'SINGLE FAMILY AND 30' MULTI -FAMILY SETBACKS \Now- 17 SANITARY SEWER SERVICE 7A, LEI GENERAL NOTES: (SEE UTILITY PLAN) E_j 4 D 1. THE PROPOSED DEVELOPMENT SHALL MEET OR EXCEED ALL NEW HANOVER COUNTY (NHC) LOT ORDINANCE AND PERMIT REQUIREMENTS. EN SEWER CLEANOUT 142 00 R0360-0-006-012-000 39 2. IF THE SUP IS GRANTED, THE B-2 AND R-15 PORTIONS OF THE SITE WILL BE CONSTRUCTED AS A (SEE UTILITY PLAN) 000 RICHARD MOBURG 35 LOT 143 COHESIVELY DESIGNED. PERMITTED, CONSTRUCTED, AND MAINTAINED. 3. THE HATCHED 1-1 ZONED PROPERTY LOCATED BETWEEN THE B-2 AND R-15 SITE SHALL PROVIDE 19 STORM PIPE ELIZABETH MOBURG D.B. 4626, PG 912 R03600-006-013-000 NORA E. BENEVENTI VEHICULAR, PEDESTRIAN, AND UTILITY ACCESS FOR ALL PARCELS WITHIN THE DEVELOPMENT (SEE GRADING & DRAINAGE PLAN) M.B. 43, PG. 372 REVOCABLE TRUST BOUNDARY. ZONING: R-15 D.B. 5020, PG. 2264 M.B. 43, % 4. THE DEVELOPMENT SHALL HAVE A HOA / POA IF / AS APPLICABLE. F2O] STORM STRUCTURE LAND USE: RESIDENTIAL PG. 372 ZONING: R-15 5. STORM WATER SHALL BE DESIGNED AND PERMITTED IN ACCORDANCE WITH ALL NEW HANOVER (SEE GRADING & DRAINAGE PLAN) LAND USE: COUNTY AND STATE REQUIREMENTS. RESIDENTIAL 6. PUBLIC WATER AND SEWER WILL BE EXTENDED BY THE DEVELOPER TO THE SITE. ALL DESIGN AND 2_11 STORMWATER POND LOT 144 PERMITTING SHALL BE COORDINATED WITH CFPUA, NEW HANOVER COUNTY, AND STATE R03600-006-014-000 REGULATORS AS REQUIRED. V2 STORMWATER OUTFALL gE TRASH & RECYCLING COMPACTOR DAVID M. RENQUIST 7. ALL LANDSCAPE & BUFFER MATERIALS AND INSTALLATION SHALL MEET OR EXCEED NHC LIDO MINIMUM R-15 REQUIRED BUILDING SETBACK TO ADJACENT W/SCREEN MARY E. RENQUIST REQUIREMENTS. F2_3] LEVEL SPREADER RESIDENTIAL MONUMENT SIGN D.B. 5020, PG. 2264 M.B. 43, PG. N 8. LOCATIONS OF ALL AMENITY AND RECREATION AREAS MAY CHANGE PENDING FINAL DESIGN 372 ZONING: '0, 9. EXISTING TREES PROPOSED FOR PRESERVATION, BUT WILL BE FURTHER EVALUATED WITH FINAL EMERGENCY STORMWATER OUTFALL 35 25' MINIMUM REQUIRED BUILDING SETBACK IN B-2 DISTRICT R-15 LAND USE: DESIGN; TREE MITIGATION WILL BE REVIEWED WITH PART OF TREE REMOVAL PERMIT. BUILDING SETBACKS EXCEED MINIMUM REQUIREMENT IN ALL EMERGENCY -ONLY GATED ACCESS RESIDENTIAL 25EXISTING NON -WETLAND WATERS OF THE US LOCATIONS GATED ACCESS FOR EMERGENCY LOT 147 VEHICLES EQUIPPED WITH KNOX R03600-006-017-000 WETLAND IMPACTED FOR ROAD CROSSING CLUBHOUSE / PROPERTY MANAGEMENT OFFICE / FITNESS BOX/LOCK. ALIGN PAVING WITH PRUDENTIAL KEY LEGEND:26 RECREATION CENTER BRAYS DRIVE RELOCATION INC -A] WETLANDS go EXISTING TREE, TYP. D.B. 5238, PG. 722 M.B. 43, PG. 372 43A F1 HEAVY DUTY ASPHALT PAVING, TYP. PER APPROVED USACE AJD WETLAND FENCED POOL W/ SUMMER KITCHEN AND CABANA(S) (SEE DETAILS) DELINEATION DATED 08/26/2024 49 PICKLEBALL COURTS ZONING: R-15 LAND USE: 27 Fq] ADA LOADING SPACE (TYP) BUILDING LANDSCAPE AREA SEE GENERAL NOTES RESIDENTIAL FJBLIGHT DUTY ASPHALT PAVING, TYP. F2-8] EXISTING POND FOUNDATION PLANTINGS AROUND ALL BUILDINGS, TYP. (SEE DETAILS) Fl-01 ADA PARKING SPACE SIGNAGE (TYP) IDENTIFIED AS "NATURAL POND" CONSERVATION OPEN SPACE, TYP. LOT 148 AREA IN NHC LIDO. POND TO REMAIN AND HAVE 39 F SEGMENTAL RETAINING WALL R03600-006-018-000 BRADLEYJ.ERBES IN. F2] CURB AND GUTTER WATER MAIN VERTICAL CURB UTILITY PLAN) COD BUFFER F470 4" HIGH CONCRETE WHEELSTOP DOG PARK TAMI L. ERBES LOT149 Fl-1] (SEE SEE GENERAL NOTES D.B. 5238, PG. 722 34 R03600-006-024-000 29 SWALE EXISTING 30- DUKE ENERGY PROGRESS, M.B. 43, PG. 372 ERNEST W. OLDS n3 CONCRETE SIDEWALK WATER SERVICE (DOMESTIC) PROVIDING OUTFALL DRAINAGE FOR EXISTING STREET LIGHT, TYP. MOTOR COURT, TYP. LLC EASEMENT ZONING: R-15 DAWN M. OLDS INTERCONNECTED SIDEWALK,TRAIL SYSTEM 1-2 (SEE UTILITY PLAN) POND RESIDENTS' PARKING AT CORE OF EACH TO BE RELOCATED, PENDING DUKE LAND USE: D.B. 6056, PG. 182 THROUGHOUT PROJECT go NATURE TRAIL BLOCK BEHIND UNITS. GARAGE ACCESS APPROVAL RESIDENTIAL M.B. 44, PG. 307 WATER SERVICE (FIRE) PROVIDED IN MOTOR COURT ZONING: R-15 LAND USE: F4] ADA CURB RAMP WITH TRUNCATED DOMES 1-3 (SEE UTILITY PLAN) 30 20'WIDE DRAINAGE EASEMENT IN 1-1 PARCEL 4_3 EXISTING VEGETATION / LANDSCAPE BUFFER EXISTING 30' PUBLIC UTILITY EASEMENT RESIDENTIAL WARNING MAT COMBINATION OF EXISTING & PLANTED VEGETATION CREATING 53 STREETYARD 62 EXISTING 20- UTILITY EASEMENT WATER METER 31 ROAD CONNECTION BETWEEN B-2 AND R-15 BUFFER TO ADJACENT PROPERTIES; BUFFERS EXCEED 25' MINIMUM REQUIRED EXISTING 15'DRAINAGE & PUBLIC UTILITY 66 MULTI -FAMILY BUILDING F51 SPECIMEN LIVE OAK CLUSTER PRESERVED 1_4 (SEE UTILITY PLAN) PARCELS MINIMUM BUFFER REQUIRED 59 EASEMENT 63 EXISTING 20- DRAINAGE & UTILITY ALL RESIDENTIAL APARTMENTS ALL NECESSARY UTILITY AND STORMWATER F54] 50'MAXIMUM SHOD PARKING SETBACK EASEMENT F6] PEDESTRIAN CROSSING LOCATION FIRE HYDRANT EASEMENTS CONVEYED BETWEEN B-2 AND R-15 4_3A] MINIMUM BUFFER LINE 60 EXISTING 30- SANITARY SEWER 67 3-STORY ROW STYLE TOWNHOME WITH IN -UNIT 1-51 (SEE UTILITY PLAN) PARCELS LOCATED ALONG ROAD 55 100- MAXIMUM SHOD BUILDING SETBACK EASEMENT 64 COMMERCIAL SPACE GARAGE, TYP. F71 PARKING LOT STRIPING 4_4 PROPOSED LANDSCAPE BETWEEN 1700 SF AND 1800 SF SANITARY SEWER MAIN 32 1-1 PARCEL ROAD CONNECTION BETWEEN BZ�2� STREET TREES ALONG ALL PROJECT ROADS AND IN 56 EXISTING 40'DRAINAGE & PUBLIC UTILITY 61 EXISTING 30- DRAINAGE & PUBLIC UTILITY 68 2-STORY END -UNIT ROW STYLE TOWNHOME, NO ® ADA PARKING SPACE (TYP) 1-61 (SEE UTILITY PLAN) AND R-15 PARCELS LANDSCAPE ISLANDS EASEMENT EASEMENT 65 MIXED USE BUILDING GARAGE, TYP. Board of Commissioners - February 3, 2025 ITEM. 8 - 16 - 5 33 MAINTENANCE BUILDING R03705-006-012-000 JOANN M. WAINIO D.B. 5694, PG. 1838 M.B. 46, PG. 25 ZONING: R-15 LAND USE: S 48'24'53" E RESIDENTIAL 28 i it LO c N 48'34'06" W 121 43 63 29 R03700-004-295-000 RICHARD WILSON D.B. 5545, PG. 2050 M.B. 51, PG. 154 ZONING: R-15 42 J LAND USE: RESIDENTIAL 51 R03700-004-296-000 A- CAMERON DANIEL D.B. 6290, PG. 242 43A M.B. 51, PG. 154 ZONING: R-15 LAND USE: 34 RESIDENTIAL R03700-004-297-000 ROCHELLE KREINER D.B. 6406, PG" 1314 M.B. 51, PG. 154 ZONING: R-15 LAND USE: 43 I I RESIDENTIAL R03700-0 29 00 ANNA ROVETTO D.B. 6636, PG. 1714 M.B. 51, PG. 154 ZONING: R-15 16 LAND USE: RESIDENTIAL R03700-004-299-000 EDWARD SOUTHERLAND :68:] D.B. 5571, PG. 1535 M.B. 51, PG. 154 ZONING: R-15 LAND USE: RESIDENTIAL R03700-004-300-000 STEVE LINDNER D.B. 6031, PG. 2140 M.B. 51, PG. 154 ZONING: R-15 LAND USE: • RESIDENTIAL R03700-004-301-000 DEREK REEVES D.B. 5625, PG. 1573 M.B. 51, PG. 154 ZONING: R-15 LAND USE: RESIDENTIAL R03700-004-01_1 -(To-o PORTERS CROSSING HOA INC D.B. 6102, PG. 2894 M.B. 51, PG. 154 ZONING: R-15 LAND USE: RESIDENTIAL AMENITY- 39 ----- 58 59 U) L'6 LO U) U 0 LLi U) < cs ow n z _j LLI z ad 0 LU 22 1-3 tA L5 LOT151 R03600-006-026-000 LOT 150 MADISON M. R03600-006-025-000 NEWSOME RICHARD MINIMS BUNJONG P. SUPATRA MINIMS NEWSOME D.B. 6221, PG. 2760 D.B. 4655, PG. 304 M.B. 44, PG. 307 M.B. 44, PG. 307 ZONING: R-15 ZONING: R-15 LAND USE: I LAND USE: RESIDENTIAL RESIDENTIAL GRAPHIC SCALE 0 30 60 120 240 SCALE: 1"=60' z 0 U) CIA z 0 0 C) 0 0 z _j 0- 0- W 0 - Z ow oo cq 1_0 00 Z E 7E U 4-4 cn CIA Z Z O Ln -,t b LU LU 00 N(Ommo_ "if Z 0 P: U) 0 U) < D D LL 00 z 0 >- � (-) z W < _j 11 >- b < of (D 0 ILL z D < �5 cl Wz w Lu LU Z 0 0 LU 3 �� C) U) w < L:j Z �:i _j < W_j (.5 z < W_j 0 IL () [L LL Of cli 0 U) 0 0 0- SEAL C-2,02 �l PEI JOB#: 24237.PE 'PG 140 cyc�F F� 4'0 °0,Q Off\ S��c IT e� �G 5` o� Del c", yo q eI)- �s DR Off, VICINITY MAP NOT TO SCALE NORTH LEGEND: SPECIAL USE PERMIT GENERAL NOTES: 1. THE PROPOSED DEVELOPMENT SHALL MEET OR EXCEED ALL NEW HANOVER COUNTY (NHC) ORDINANCE AND PERMIT REQUIREMENTS. GENERAL NOTES: 1. ALL CONSTRUCTION TO BE IN ACCORDANCE WITH ALL STATE OF NC, NEW HANOVER COUNTY, AND CFPUA STANDARDS AND SPECIFICATIONS. ASPHALT AREA NOTE: 1. SITE CONTRACTOR SHALL STRIP TOPSOIL AND ANY UNSUITALBE MATERIAL AND PROVIDE CUT/FILL OPERATIONS TO PROVIDE A COMPACTED CONTROLLED SUBGRADE, IN ACCORDANCE WITH THE SUBSURFACE GEOTECHNICAL EXPLORATION AND/OR TECHNICAL SPECIFICATIONS. 2. STORM WATER SHALL BE DESIGNED AND PERMITTED IN ACCORDANCE WITH ALL NEW HANOVER COUNTY 2. THE CONTRACTOR SHALL PLACE INLET PROTECTION AROUND ALL STORM DRAIN INLETS TO PROTECT THE AND STATE REQUIREMENTS. SYSTEM FROM COLLECTING SEDIMENTATION DURING CONSTRUCTION. INLET PROTECTION SHALL REMAIN IN BUILDING PAD NOTE: PLACE UNTIL THE ROADS ARE PAVED. 3. PUBLIC WATER AND SEWER WILL BE EXTENDED BY THE DEVELOPER TO THE SITE. ALL DESIGN AND PERMITTING SHALL BE COORDINATED WITH CFPUA, NEW HANOVER COUNTY, AND STATE REGULATORS AS REQUIRED. 4. ALL LANDSCAPE & BUFFER MATERIALS AND INSTALLATION SHALL MEET OR EXCEED NHC LIDO REQUIREMENTS. 5. ACCESS EASEMENTS WILL BE GRANTED FROM A PUBLIC ROAD TO EACH BMP FOR NHC ACCESS. 3. CONTRACTOR SHALL ADJUST ALL FRAMES OF EX. UTILITY INFRASTRUCTURE WITHIN ASPHALT OVERLAY, NEW ASPHALT AREAS, AND SIDEWALKS TO MATCH PROPOSED GRADES. 4. ALL PROPOSED SPOT ELEVATIONS SHOWN ARE PROPOSED EDGE OF PAVEMENT UNLESS NOTED OTHERWISE. 5. CONNECT ROOF DRAINS AS SHOWN. IF THERE ARE ANY DRAINAGE QUESTIONS, PLEASE NOTIFY OWNER AND ENGINEER PRIOR TO MAKING CONNECTIONS. 6. ALL SIDEWALK CROSS SLOPES HAVE BEEN GRADED TO MEET ADA REGULATIONS. CONTRACTOR SHALL CONFIRM GRADES BEFORE PLACING PAVEMENT OR SIDEWALKS AND REPORT ANY DISCREPANCIES TO OWNER AND/OR ENGINEER. 7. CONTRACTOR SHALL REFER TO THE GEOTECHNICAL ENGINEERING REPORT FOR SITE CONSTRUCTION RECOMMENDATIONS. 8. CONTRACTOR SHALL STAKE SILT FENCE ALONG LIMITS OF DISTURBANCE LINE. THE SILT FENCE LINE TYPE IS OFFSET ON THE DRAWING FOR CLARITY. 9. THE CONTRACTOR SHALL USE EITHER RCP (CL. III) OR ADS HP STORM PIPE FOR THE STORM DRAINAGE SYSTEM. IF THE CONTRACTOR CHOOSES TO USE HP STORM PIPE, IT SHALL BE ADS N-12 WT STORM PIPE OR APPROVED EQUAL AND SHALL BE INSTALLED TO MANUFACTURER SPECIFICATIONS. IN ADDITION, THE CONTRACTOR SHALL BE SURE TO PROVIDE CONCRETE COLLARS AROUND EACH F.E.S. TO PREVENT FLOATATION IF HP STORM PIPE IS CHOSEN. IF HP STORM PIPE IS CHOSEN, ALL PIPING WITHIN THE PUBLIC RIGHT OF WAY MUST BE DUAL WALL HP -PIPE (GRAY) / r o< jl�l�l� III` n l; \\ 11 'i- R03600-005-005-000 SANDERS FAMILY STORAGE, LLC J D.B. 6001, PG. 1677 ZONING: B-2 1 \ \ ((� \ ) Ile e PROPOSED LIMITS OF LAND USE: COMMERCIAL DISTURBANCE (TYP.) STORAGE PROPOSED SEGMENTAL \ PROPOSED SILT RETAINING WALL ' \`1 r / / (� FENCE TYP. �I I. I I I ( `-� / `'/ j/ / / 1-,1 1 7 _- ( > Illy\ _ _ _ - TW 37 50 - _ // ^ \ \ TN 37.00 ' TW 35.00 _ % / ✓ / / , TW 4.705 - -] �PTW G 44.00 TW \ i PG 40.7 / - / � G 33.75 PG 34.7 - / - C V � �\ \ �I Di 29.27 EXISTING CONTOUR LOD LIMITS OF DISTURBANCE 16 PROPOSED CONTOUR SILT FENCE EG 25.05 �\ EXISTING SPOT ELEVATION o o TREE PROTECTION FENCING EP25.05 �\ PROPOSED EDGE OF PAVEMENT DRAINAGE FLOW PATH SW 25.05 �\ PROPOSED SIDEWALK ELEVATION CO-1 DRAINAGE INLET LABEL PG 25.05 �\ PROPOSED GRADE INLET PROTECTION TW 25.05 PROPOSED TOP OF WALL EXISTING REGULATED TREE BY NHC TC 17.15 �\ PROPOSED TOP OF CONCRETE Board of Commissioners - February 3, 2025 ITEM: 8 - 16 - 6 1. SITE CONTRACTOR SHALL STRIP TOPSOIL AND ANY UNSUITALBE MATERIAL AND PROVIDE CUT/FILL OPERATIONS TO PROVIDE A COMPACTED CONTROLLED BUILDING PAD, IN ACCORDANCE WITH SUBSURFACE GEOTECHNICAL EXPLORATION AND/OR TECHNICAL SPECIFICATIONS. STORMWATER NOTES: 1. ALL ON -SITE PROPOSED IMPERVIOUS SURFACES WILL DRAIN TO ONE OF THE TWO (2) PROPOSED STORMWATER WET PONDS. THESE PONDS ARE DESIGNED IN ACCORDANCE WITH NCDEQ AND NHC STORMWATER ORDINANCE. ALL RUNOFF WILL BE COLLECTED AND CONVEYED BY A CLOSED CONDUIT SYSTEM TO THE WET DETENTION BASINS. AS -BUILT STORMWATER NOTE [15A NCAC 02H.10441: 1.) THE CONTRACTOR WILL EMPLOY A LAND SURVEYOR LICENSED IN THE STATE OF NORTH CAROLINA TO PROVIDE ACCURATE REPRODUCIBLE AS -BUILT DRAWINGS OF NEWLY INSTALLED COLLECTION SYSTEM, AND IMPERVIOUS AREA ON THE SITE TO THE ENGINEER & OWNER UPON COMPLETION OF CONSTRUCTION. UPON CERTIFICATION BY THE ENGINEER AND VERIFICATION FROM THE OWNER ANY DISCREPANCIES WILL BE INDICATED, THEN THESE PLANS SHALL BE RETURNED TO THE CONTRACTOR FOR CORRECTION PRIOR TO FINAL PAYMENT AND FINAL INSPECTION. swvsi � s � �AV I r J 1 \ "N L _ NOTATION: CI = CURB INLET DI = DROP INLET CO = CLEANOUT DDI = DOUBLE DROP INLET MH = STORM DRAIN MANHOLE RD = ROOF DRAIN CLEANOUT FFE = FINISHED FLOOR ELEVATION BPE = BUILDING PAD ELEVATION DS = DOWNSPOUT Know what's below. Call before you dig. V J O U LOT 142� \� R03600-006-012-0 00 _ RICHARD MOBURG / ELIZABETH MOBURG D.B. 4626, PG. 912 / \ M.B. 43, PG. 372 /I ZONING: R-15 \ O LAND USE: �. 1 RESIDFNTIAI \ \ V H nW I ---I GRAPHIC SCALE 0 25 50 100 200 W SCALE: 1 "=50' p 1 J Z O w � N � W v� W � O W � 0 cis V o c) a W � z 0�� z ci O w U O 0- N WO Z ow - o 0 N U­ 0 Z p N Co V U 4 w o O >~ W N�oa Z� �Z �o �W -I W rn v O � U � � Ow0 O �U N O 7 0 m m m Ln d d d o afaf Z O co D � ~ O » z oo O Z_ J J � >' (� ¢<CD� U �Qo Z_ o W azoU WzW SEAL C-3. 1 PEI JOB#: 24237.PE 'PGA. 140 cyc�F F� �O AO �A P� M SITE S��G o� OQ- .� "94,OQ 9�tr cT do q 6'yy� �S DR O,p VICINITY MAP ` NOT TO SCALE NORTH 1- R03705-006-007-000 ,I`/ E R03700-004-293-000 \ �b� / R03700-004-293-000 I I J L /� r- / \ KATHRYN WOLFE & v PORTER'S POINTE ! I `� a z O_ p p \ p�s� �s 2 PORTER'S POINTE \ LARRY STEVEN v a ` Q HOMEOWNERS c' % / i ) I / ) I o N 0 < L _ T FORD \ ' d •'� O /f HOMEOWNERS /// I % MORGAN / / \ ( A3705-006-01♦2-000 o w U 3 16 ` ' ) Q CV �E „��/ J ASSOCIATION, INC \2 �' 02� o .O'L is — — _�� / // i I �, 1�°• O Z '� i ASSOCIATION, INC l ` D.B. 6025, PG. 1493 l/ / / \ JOANN M. WAINIO o H � O \ Q GK I(, D.B. 5790, PG. 35 � 1 00 Os O O . S �� d / D.B. 579Q PG. 35 -%� = ; , ' ..i / / r / \ \ / vs ao ^ _ f % r` U13 M.B. 55, PG. 340 / \ s d Sv i 5 . O ( J / \ / I ir o m _ _ 1 / N P L / // \ I \ M.B. PG. 25 fr 30' SANITMRB 46, G 25 EASEMENT D.B. 5694, PG. 1838 / 0 0 = — '�' S �j2 \ mac' /cy�99 O• i M.B. 55, PG. 340 �J� ! !i / ZONING: R-15 \ M.B. 46, PG. 25 \ d Q ,1IVATE ALLEY I m I K I ZONING: R-15 \ 8� �00026 �� ��G l) \ ZONING: R-15 j j �.- �I \\ LAND USE: / rZONING: R-15 r \ _ �.� LAND USE: RESIDENTIAL �O O f my O LAND USE: RESIDENTIAL / �` r z° v ESIDENTIAL �• LAND USE: 30 = 0MMUNITY OPEN SPACE \ .� O� d \ \ 9 g fl / ^fie �` c�0 0n L '�OMMUNITY OPEN SPACE -:I \�`^ \ \ \ RESIDENTIALNIP\ I 300'\ �. ` `•-' I b0•(' \ '\ -/ �� - \ ,6r . _ ^� \ I I .F� �' 1 L ` o0\ 1 / r I ( fQ� / — — 40' DRAINAGE AND PUBLIC UTILITY EASEMENT` ,20 / / I ti \ \ ti ) , .`\ 1 DI 27.88 D \ V ^ l o / 23 PD.B. 5053PG1637 2 G 2814 P 27 ' DI 27.39 .J, 0- e°� ` ^4j� ^5 \Pc .sz 012572 ,PG 26.22 -•..- -\ / 0 25.7 P 2 2 2 2 2 / (� \S y PROPOSED LIMITS OF \ \\ \ \\ ( l I \ DISTURBANCE (TYP.)146 0 J I ^ \^�- PORTER'S POINTE ^ ^ 9 EP26.23 PROPOSED SILT HOMEOWNERS ^off \ \ 1 . \ v ti DI s.7 / , DI \ / ASSOCIATION, INC r^ E I o e ^° e low / \ ''Y' FENCE (TYP.) ( ) / / D.B. 5790, PG. 35 n ^� ^� G� Qa P z7 4 P 26Gt6 / J e� ., \ ` M.B. 55, PG. 340 I\ I is e� ^� ti q� I = .35 ) EP 25.83 ZONING: R-15 1\ ^ ^o :,'. . 't:.., `. F.: •.; :;'.: ,'• ':':'.i... ,•`:;',r: "..::`•.; ;`..r 4:`.•.r r; . ...y,..::h'.. ° , �o A , / I I LAND USE: :• o � ✓ C�,T� � EXISTING , RESIDENTIAL `r/ \ DI28., ^ Q \ b ^ � r / tJ ��- POND AMENITY) v \ I s' � � �' �/ � DI s.o1 ^� 6e �:: ` -i:.•r.:^ : •, .. ;:i•.. `, �• ^ ^rse� \\ L \ \ ) I 01 47 P O P DI 7 V/• t '1 •.a� ) V A. I / M -- ` 5. P c� L $, \ Jv /,;5g/, ✓ e .� :".,i' •+'•.•,;•.�::• .+ :7; ..+� ,y., ,P P ` P 2 , P� ® .. ... ., ,...}...i.,.i.i. ,.,. .•':'i'p, .• ..: •,, .., ..�M 6. 2. 8 P � P 5.1 C / / q / 2 z � • DI 2 78 P 2 8 P 4. 2 \ SPECIAL USE PERMIT GENERAL NOTES: 1. THE PROPOSED DEVELOPMENT SHALL MEET OR EXCEED ALL NEW HANOVER COUNTY (NHC) ORDINANCE AND PERMIT REQUIREMENTS. 2. STORM WATER SHALL BE DESIGNED AND PERMITTED IN ACCORDANCE WITH ALL NEW HANOVER COUNTY AND STATE REQUIREMENTS. 3. PUBLIC WATER AND SEWER WILL BE EXTENDED BY THE DEVELOPER TO THE SITE. ALL DESIGN AND PERMITTING SHALL BE COORDINATED WITH CFPUA, NEW HANOVER COUNTY, AND STATE Z REGULATORS AS REQUIRED. 4. ALL LANDSCAPE & BUFFER MATERIALS AND INSTALLATION SHALL MEET OR EXCEED NHC LIDO REQUIREMENTS. 5. ACCESS EASEMENTS WILL BE GRANTED FROM A PUBLIC �( ROAD TO EACH BMP FOR NHC ACCESS. GENERAL NOTES: 1. ALL CONSTRUCTION TO BE IN ACCORDANCE WITH ALL STATE OF NC, NEW HANOVER COUNTY, AND CFPUA STANDARDS AND SPECIFICATIONS. 2. THE CONTRACTOR SHALL PLACE INLET PROTECTION AROUND ALL STORM DRAIN INLETS TO PROTECT THE SYSTEM FROM COLLECTING SEDIMENTATION DURING CONSTRUCTION. INLET PROTECTION SHALL REMAIN IN PLACE UNTIL THE ROADS ARE PAVED. 3. CONTRACTOR SHALL ADJUST ALL FRAMES OF EX. UTILITY INFRASTRUCTURE WITHIN ASPHALT OVERLAY, NEW ASPHALT AREAS, AND SIDEWALKS TO MATCH PROPOSED GRADES. 4. ALL PROPOSED SPOT ELEVATIONS SHOWN ARE PROPOSED EDGE OF PAVEMENT UNLESS NOTED OTHERWISE. 5. CONNECT ROOF DRAINS AS SHOWN. IF THERE ARE ANY DRAINAGE QUESTIONS, PLEASE NOTIFY OWNER AND ENGINEER PRIOR TO MAKING CONNECTIONS. 6. ALL SIDEWALK CROSS SLOPES HAVE BEEN GRADED TO MEET ADA REGULATIONS. CONTRACTOR SHALL CONFIRM GRADES BEFORE PLACING PAVEMENT OR SIDEWALKS AND REPORT ANY DISCREPANCIES TO OWNER AND/OR ENGINEER. 7. CONTRACTOR SHALL REFER TO THE GEOTECHNICAL ENGINEERING REPORT FOR SITE CONSTRUCTION RECOMMENDATIONS. 8. CONTRACTOR SHALL STAKE SILT FENCE ALONG LIMITS OF DISTURBANCE LINE. THE SILT FENCE LINE TYPE IS OFFSET ON THE DRAWING FOR CLARITY. 9. THE CONTRACTOR SHALL USE EITHER RCP (CL. III) OR ADS HP STORM PIPE FOR THE STORM DRAINAGE SYSTEM. IF THE CONTRACTOR CHOOSES TO USE HP STORM PIPE, IT SHALL BE ADS N-12 WT STORM PIPE OR APPROVED EQUAL AND SHALL BE INSTALLED TO MANUFACTURER SPECIFICATIONS. IN ADDITION, THE CONTRACTOR SHALL BE SURE TO PROVIDE CONCRETE COLLARS AROUND EACH F.E.S. TO PREVENT FLOATATION IF HP STORM PIPE IS CHOSEN. IF HP STORM PIPE IS CHOSEN, ALL PIPING WITHIN THE PUBLIC RIGHT OF WAY MUST BE DUAL WALL HP -PIPE (GRAY) ASPHALT AREA NOTE: G 2 .55 28. e ., r, PROPOSED STORM WATER COLLECTION SYSTEM (TYP.) �� 1-1114 \ e MIMI ;i � \ t q t ' 1; •% sg L•z Vi;•BALM SS, I r „. :., .� QC\ O P 7. r } 1. t;t• .,4 . ,'• : ,., ..i.h %'. t...,.`.•,. �,¢ � ,10`� 4, 1 ` /- e� e ��' 'y � .�•" h / ;:y:.`' .,,i..r: c! ;:, .. '•k' [ ` `, 'i:'I': t.;',' `;.t•'i. -i:` � '` t•. j', '" '•.,•�' :. t..: •r. \ l \ I i + 1 FFE-28.20 o FFE-28.00 s 30 ol`• bQa `i o� / o� r. 7 ty: : i t lu l`\ 1 ti5 ^� FFE=26.75 ^ w ^ ,; \ / / 4 / \ FFE=26.25 P 14 ^o P P ^se 0"\, DI 6.98 DI .91` : I ti \ t `,, IL DI27.78 PG 28.10,, ,•,, ) +' \ / 4 r J ® DI 25. 8 C DI 25.88 ` �S2 1 \ \ \ _ ` 1 J I / : ✓ J? \ _ ;+ / .4. Pz a P 8.a b �'? / / "--Qz� t•t W t P � �1e•® � P `. � / � ^ O� •4 � � 1 Izssl ' � ,�� � t. � � X♦\\ LU o r. / ' PROPOSED DRAINAGE - - ^°� PROPOSED INLET e ^�II \ �5° + �� \ ^5 u- ^'4 - SWALE FOR EXISTING POND r zna PROTECTION (TYP.)cn ^�$^e�� �� DI 5. N G2 .13 ,� N \ .4•' VG2 60 CO � (.0 ` G 4 tJ ^� \ / *a LU II N .P 26. 8 yz ^ ^6� 20' DRAINAGE ANr P so C / }. z — — — — ^� e / _ I \ R03700-004-296-6 0 2..- — x� — CAMERON DANIEL DI2 59 M P 7 M 9 P 2 8 r1 DI .9 P 6. 2 . 8 ( / : .' DI 5.27 / D 25. -'-- :4 G .4 I I -I \ M.B. 51, 242 DI 25. I / yy P 5. 0 ti 4,: r• r' y:' •..:,•,it,r:�«.._` t ...:`;,,..,..•,• .•• t..r...• .:. Uri ' \ — r X /�� ZONING: R15 Pt • ...., :•.. n ,•.• ....4•:r. ....:".,, ., ... .••.t;`:;'!' :;4" .� ,,� � / _ _ LAND USE: o I - / `;• 3°� \ \ / / ` I ti� \ RESIDENTIAL/ 0MY - �m ..` -� PROPOSED STORM FFE=27.17 M 5 :: — / ss , y U&Ly I / R03700-004-297 000 :• \ WATER COLLECTION 4,:L ^ e + / I /` ROCHELLE KREINER ti s. \ D.B. 6406, PG. 1314 e J I^TFX�Ii•x•7It-x ^e e ,� oy' �Qe 1 I �.'`\ SYSTEM (TYP.), �•� �5 a :,. R o� .� 4 \ \ PG2.36 / J . 60' PUBLIC M.B. 51, PG. 154 2.52 P'2' 3 A% `• e:.. ^ye/ ^lo@�g�7 P $ P ' \ / / / �� P 2s. Pcz .+3 ` DRAINAGE ZONING: R-15 2 1e^, ^ J ^ ,� DI2 .38 . ✓ / PG 27.06 '�o� O ' ; • '\ \ L[i I n • 0 LAND USE: EASEMENT I RE�DENTIAL 1� '--- 1 / I Q^, • / , •. 4 \ \ J 1 I I (n CV 2 45 \ LW I z,^Ibl\ ^ G t rA ? I I 1�0 cV N- W ,\\�\\ 5 P ` nD�l zy� 1 \ e� b^S ^ �• ! W \ ^ Q off\ . ) ^ o ^ a..r. .' • PG z7. W 1 C� ,: 2 5 C� 5 LL e :,.. LL1/ / ANNA ROVETTO \, a (V I m ° ti Rt13700-004-298-000 \\♦ I `, !- :` / � ^ � � ^`� DI ss II I r•, ,Qa- a 0 1ti?� Co ',P i. \ ( � \ � ^ I� LL 3 LL .I .. L°� ( \\ % / % D.B. 6636, PG. 1714 `% �,� 5 I�" �•.i 5e� ` I QC\ PG 26.83 CV I { .C. ' k: �5 ` M.B. 006-082-000 ^°` r r I ° I LL ^ ::: II ! \ 51, PG. 154 YUNASKA _:' _ ^ — — — a W.. o G z :, g ' • / / ti / `.� \o \ N 1 l i ,i ^ /�` S Q / -FK y LL 012s.s7 DI ` s7 j I v ` / I n ZONING: R-15 USE: 6, PG.912 / �' \� DIz5s7 Dlz I f2ESIDEN IAL PG. 372 n ^ '`_tea \ L -^ •• '• ' ,. o ° � \ type ,,•L I .�: ^ ; r, G: E: N` i ti `-lS � , P z7 0_ e��tfP_z7. cz sa \ ` :, ^ P �i t ': / l/ �, I \ j 1SE: \ ^ ^1 �'q Ol✓ i%' -, oe z.ea ee 1 F P 7. Dlzss6 �° DIz sz ,t. / USTRIAL \\ 3e TFR (11c 1N1` _I ^ P 7. ^ ^5 ti �' I t' : i \ PGzs13 y; /z5 ��1� •: I _ — �r \ __ \ /w Q/ �OATy 32- �L$\5 Q a ^ � aIn R03700-004-299-000 \ e�� w :: — ' / _ 1 s .... .. ,, 1�cln : FFE=26.25 — _ �� ^' t.: 9 P 2 5 I1 / ) souTDHERRAND \ :: „ \ FFE=26.25 .0 ; I , `�\ D.B. 5571, PG. 1535 ^! `- c,• Q ` V / .. I M.B. 51, PG. 154 \�` o" PROPOSED DROP r. / _ /\\ •.r t ; INLET (TYP.) \ }.,, � : r i J n ^ ZONING: R-15 PROP------- _ rn ":.,: , r. • ;" < \ LAND USE: J, 1 \ ��� •�--�Sf-// -- l- •` ''.'': '•,. i.`: r •. ... ,: t • r' f e W �- \ STORMWATER,l RESIDENTIAL J✓ / ,\ �� ) e ^�a ,� s�-'-- --a --- -- '\\�: , •. l C`- - \ 12 O6 / DI24.95 ^e �i O P 5. \ '�° DI 4.9 ^ O 't' ( I I v/ J \\ \ G� 0 % _ � ^ ^ is / OU11 TLET STRUCTURE G\„- �\ ^\ \�, o \ SSP s. y ® o� P s.� D s.s I I I R03%00-004-300-000 T" c_1`SS $S �^ ^ G♦y STEVE LINDNER �� \ z+` / ^ e ° / ^ el O �\ S / D.B. 6031, PG. 2140 1 ♦ `' •\,:�:: {• ,: , ,, , 't^•.?:' 'A �:r: ;;, •: < a'•.r.,•y: ;; I I M.B. 51, PG. 154 o \`_ o 11 =2Qa �."o�•4t ZONING: R-15\LAND USE: PROPOSED oRESIDENTIAL FFE=26.25 6.25STORMWATER > \ I—Ljv 1-114 1 \ \- 1� WET POND �\ \ \b — \ I R03700-004_�01-000 �--� 1. SITE CONTRACTOR SHALL STRIP TOPSOIL AND ANY UNSUITALBE MATERIAL AND PROVIDE CUT/FILL OPERATIONS TO PROVIDE A COMPACTED CONTROLLED SUBGRADE, IN ACCORDANCE WITH THE SUBSURFACE GEOTECHNICAL EXPLORATION AND/OR TECHNICAL SPECIFICATIONS. BUILDING PAD NOTE: 1. SITE CONTRACTOR SHALL STRIP TOPSOIL AND ANY UNSUITALBE MATERIAL AND PROVIDE CUT/FILL OPERATIONS TO PROVIDE A COMPACTED CONTROLLED BUILDING PAD, IN ACCORDANCE WITH SUBSURFACE GEOTECHNICAL EXPLORATION AND/OR TECHNICAL SPECIFICATIONS. STORMWATER NOTES: 1. ALL ON -SITE PROPOSED IMPERVIOUS SURFACES WILL DRAIN TO ONE OF THE TWO (2) PROPOSED STORMWATER WET PONDS. THESE PONDS ARE DESIGNED IN ACCORDANCE WITH NCDEQ AND NHC STORMWATER ORDINANCE. ALL RUNOFF WILL BE COLLECTED AND CONVEYED BY A CLOSED CONDUIT SYSTEM TO THE WET DETENTION BASINS. AS -BUILT STORMWATER NOTE f15A NCAC 02H.10441: 1.) THE CONTRACTOR WILL EMPLOY A LAND SURVEYOR LICENSED IN THE STATE OF NORTH CAROLINA TO PROVIDE ACCURATE REPRODUCIBLE AS -BUILT DRAWINGS OF NEWLY INSTALLED COLLECTION SYSTEM, AND IMPERVIOUS AREA ON THE SITE TO THE ENGINEER & OWNER UPON COMPLETION OF CONSTRUCTION. UPON CERTIFICATION BY THE ENGINEER AND VERIFICATION FROM THE OWNER ANY DISCREPANCIES WILL BE INDICATED, THEN THESE PLANS SHALL BE RETURNED TO THE CONTRACTOR FOR CORRECTION PRIOR TO FINAL PAYMENT AND FINAL INSPECTION. Board of Commissioners - February 3, 2025 `1ti ^ �o \ Dlz .33 \ \\\\\\ r ^ \ ^ DREEVES BE56 REK 25, G 1573 v J I M.B. 51, PG. 154 sz .1s ZONING: R-15 PROPOSED STORM o- - - - � \ LAND USE: ^- t\ \ MANHOLE (TYP.) ^ ^ I I \RESXENTIAL U R03h0-004-011-000 PORTERS CROSSING PROPOSED / / J oQ� I HOA INC 000 STORMWATER ./ ? ` I D.B. 6102, PG.2894 o 9e ) J LEVEL SPREADER J / ) ) \ `;\ �, �'�'�` �� J i) M.B. 51, PG. 154 PTO tiC l ZONING: R-15 i--I--1 LAND USE:LOT 142 a. o�cInENTIAL AMENITY R03600- 06 012-000 / / / — / / -' t \ 1 \ L / P\ ^� .5 / PROPOSED 30 PUBLIC UTILITY E n v ./_1 ll �� ^ ( ' / / LOT 143 \ -' 1� \� ^ 1 `mil _ � \ RICHARD MOBURG / � ( � � � M•B• 51, P 1� / R03600-006-013-000 \ _ / > \1 o STORMWATER ^ ° ELBAB626,PG.912G �/ / /1--: % l� JI \ o L ( WET POND / C i��"`, ti 3 � 1 � / ` NORA E. BENEV�^`T` � _ ' ^ 372 \ — / REVOCABLE TF LIMITS OF _ ,g I I �'�M \ \ / /J) ° br J -L ( D.B. 5020, PG. WETLANDS ° 1 \\�� f / ;\ ZONING. R-15 - 1p ��- ` --- -�\\ \1 z / \��oT jy� / / PROPOSED ^ 1 PROPOSED 0 \ _7 / / \ /' STORMWATER LEGEND: -16 --- -16 EG 25.05 �\ EP 25.05 �\ SW 25.05 �\ PG 25.05 �\ TW 25.05 �\ TC 17.15 EXISTING CONTOUR PROPOSED CONTOUR EXISTING SPOT ELEVATION PROPOSED EDGE OF PAVEMENT PROPOSED SIDEWALK ELEVATION PROPOSED GRADE PROPOSED TOP OF WALL PROPOSED TOP OF CONCRETE LAND USE. — \ _ , \ j/ \ \ RESIDENTIAL \ ` ` \ ��'\ � , • \�\ — // �� STORMWATER o� ( LEVEL SPREADER \ \ \ ` � `\\ \ I (} IJl \\j -, I OUTLET STRUCTURE w h ' \ \ LOT144 j 1�� i` \�\\ ��/ -LAW _ } W R03600-006-014-000 t ��\� / t ' ^ WIU DAVID M. RENQUIST \�J I a o Z o MARY E. RENQUIST J '. \`� .l I i i" \. W � 1 o FO u> r} n w di D.B. 5020, PG. 2264 \ 's o \ , f _ ^ a rL/ M.B. 43, PG. 372 `, ¢ o a O a T I /` o�0_rnn?ZF 1 1 j ZONING: R-15 \\ \ C , / o / LAND USE: \ \ Z �, � � '� � � 11 O�i O RESIDENTIAL \\o�I \ I J 1 (�` oe \\�� a Q nr , LOT 147 `t _ �- -• ^u� R03600-006-017-000 q ��-�\ PROPOSED LIMITS OF �� $ �o� PRUDENTIAL \ II;-_ 1 0 `\\\ RELOCATION INC. \ �� DISTURBANCE (TYP.) �� \ b — ` D.B. 5238, PG. 722 \ M.B. 43, PG. 372 ZONING: R-15 I \ \ ' - � � PROPOSED SILT LAND USE: \� \ FENCE (TYP.) ^ ^° RESIDE I \ \ INLET PROTECTION EXISTING REGULATED TREE BY NHC NOTATION: CI = CURB INLET DI = DROP INLET CO = CLEANOUT DDI = DOUBLE DROP INLET MH = STORM DRAIN MANHOLE RD = ROOF DRAIN CLEANOUT FFE = FINISHED FLOOR ELEVATION BPE = BUILDING PAD ELEVATION DS = DOWNSPOUT I b r PG 12.00 \ e' \ l . _ - I I I I I ' / a� `. r LOT 148 - 1, - I - r \ \ R03600-006-018-000 .. �� �__ - - - _� I - 4 \ \ BRADLEYJ. ERBES \ \ - - / \ - - __- __ --- - LOT 151 \ \ \ \ TAMI L. ERBES \ \ LOT 149 / _ ,° r R03600-006-026-000 �•I••j \ D.B. 5238, PG. 722 �° , �, R03600-006-024-000 l �I�- �- LOT 150 — / "'^ MADISON M. — ` +o W. OLDS \ s, _ L ERNEST WR03600-006-025-000 NEWSOME M.B. 43, PG. 372 J ( ZONING: R-15 \ DAWN M. OLDS _ —— RICHARD MIMMS ' ��.'-- �_— `' BUNJONG P. LAND USE: \ I D.B. 6056, PG. 182 _ -- _ SUPATRA MIMMS ' 44-I NEWSOME RESIDENTIAL ' M.B. 44, PG. 307 — I— / D B 6221 PG 2760 +s D B 4655 PG 304 ~ Know what's below. Call before you dig. I ZONING: R-15 _ _ 1 v M.B. 44, PG. 307 —� \ M.B.44, PG. 307 Z ✓ LAND USE: ZONING: R-15 � � / ZONING: R-15 RESIDENTIAL +s LAND USE: J LAND USE: \ I - i RESIDENTIAL — _ \ _RESIDENTIAL I --`I F-'-i GRAPHIC SCALE 0 30 60 120 240 �4 , F- SCALE: 1 "=60' Z O w N C/D ~ C) �-r-I d- w � N c� V O O z Q ' 0 w _j 0- Q W0. �z ow _ � O N � 0 Z p N iU 4-4 ^cn cn W 00 CV Z u W N��a Z r ' 0 Z � O �W W W O 0 O�U I WO v o m m m �!cDaaa Z O of Q D D r~n O z LL oo 1,Z J J d U >1Cz Q7� Z ��o 0 Zz w Whoa Wo O U J_j W Q W -A0� (.5 EL LU C)a-�iY 0 0U)oo0 SEAL C-3,02 PEI JOB#: 24237.PE �GT 140 ctio OFF 41 0 T� �S c IT �O 5� O� p� p� X� OQ- � 9tioQ �o q Byy� kS DR <O O,Q VICINITY MAP NOT TO SCALE NORTH UTILITY INFORMATION CONTRACTOR SHALL INSTALL WATER AND SEWER SERVICES IN ACCORDANCE WITH CFPUA STANDARD DETAILS AND SPECIFICATIONS. SANITARY SEWER / \ < <� \�\ THIS PROJECT IS PROPOSING 8" SANITARY SEWER MAINS THROUGHOUT DEVELOPMENT WITH INDIVIDUAL SERVICES TO EACH UNIT. THE I \ ✓N RIM H= 47.29 r� � J 1� \ � J PROPOSED COLLECTION SYSTEM WILL CONNECT TO AN EXISTING I �I IN= TOP OFFINTERIOR PIPE = 38.63 � ) CFPUA GRAVITY SEWER SYSTEM LOCATED ON -SITE. ALL SANITARY SEWER ALLOCATION PROVIDED BY CFPUA. CONTRACTOR TO COORDINATE SANITARY TIE-IN TO EXISTING FACILITIES WITH CFPUA. CFPUA INSPECTOR TO BE ON -SITE DURING TAPPING OF EX. SEWER FACILITIES. SANITARY IN -LINE PLUGS ARE R03600-005-005-000 I I I ` \ \I (1 (- ► �� REQUIRED AT ALL CONNECTION POINTS TO EX. SEWER FACILITIES AND �I SANDERS FAMILY LLC I I MUST REMAIN IN PLACE UNTIL CONSTRUCTION IS COMPLETE AND STORAGE, =� T CFPUA HAS COMPLETED ITS INSPECTION. I D.B. 6001, PG. 1677 I I I I I - I I ) ZONING: B-2 �\ \ Ii/ LAND USE: COMMERCIAL WATER I I STORAGE THIS PROJECT IS PROPOSING 6-INCH AND 8-INCH PUBLIC WATER MAINS I I LOCATED THROUGHOUT THE DEVELOPMENT WITH CONNECTIONS TO I x s" C 900 (DR-18) PVC GRAVITY SEWER THE EXISTING WATER SYSTEM IN THREE (3) DIFFERENT LOCATIONS. I �� gFp _ I WATER MAIN J=HAINLII( INDIVIDUAL SERVICES WILL BE PROVIDED FOR EACH UNIT. ALL I I - I - i (VAINLINKFENCE x x X - - / / - / IPF DOMESTIC WATER ALLOCATION PROVIDED BY CFPUA. I X 665 4 ' ""'"�'° `L - SMH 1 I I I I ( r CONTRACTOR TO COORDINATE WATER TIE-IN TO EXISTING FACILITIES WITH CFPUA. CFPUA INSPECTORS ARE REQUIRED TO BE ON -SITE DURING TAPPING OF THE EX. UTILITIES. EXISTING SEWER LINE UTILITY NOTES: (NCAC 15A.02T.0305 / T1 5A. 1 8C.0906) CONNECTION TO -� 1. PER RULE .0904, WATER MAINS MUST BE BURIED TO A DEPTH BELOW EXISTING WATER LINE. THE FROST LINE OR TO A DEPTH SUFICIENT TO PROVIDE A MINIMUM I d OF 30 INCHES, WHICHEVER IS GREATER. I o d I �NI 2. LATERAL SEPARATION OF SEWERS AND WATER MAINS. WATER MAINS SHALL BE LAID AT LEAST 10 FEET LATERALLY FROM EXISTING OR toll SIGN III PROPOSED SEWERS, UNLESS LOCAL CONDITIONS OR BARRIERS EXISTING 8" WATER LINE I PREVENT A 10-FOOT LATERAL SEPARATION, IN WHICH CASE: (1) THE THE WATER MAIN IS SHALL BE LAID IN A 46 SEPARATE TRENCH, WITH THE ELEVATION OF THE BOTTOM OF THE WATER MAIN AT LEAST 18 INCHES ABOVE THE / TOP OF THE SEWER; OR ;''�• a (2) THE WATER MAIN IS SHALL BE LAID IN THE SAME TRENCH AS THE SEWER, WITH THE WATER MAIN LOCATED AT ONE SIDE ON A BENCH OF UNDISTURBED EARTH, AND WITH THE ELEVATION OF / THE BOTTOM OF THE WATER MAIN AT LEAST 18 INCHES ABOVE THE F TOP OF THE SEWER. 3. A WATER MAIN THAT CROSSES A SEWER SHALL BE LAID A MINIMUM VERTICAL DISTANCE OF 18 INCHES FROM THE OUTSIDE OF THE WATER MAIN AND THE OUTSIDE OF THE SEWER, EITHER ABOVE OR SMH RIM=47.33 BELOW THE SEWER BUT, IF PRACTICABLE, THE WATER MAIN SHALL BE INV = 26.08 LOCATED ABOVE THE SEWER. ONE FULL LENGTH OF WATER PIPE SHALL BE LOCATED SO THAT BOTH JOINTS WILL BE AS FAR FROM THE SEWER AS POSSIBLE. 4. TO ALLOW FOR CONSTRUCTION AND REPAIR, A MINIMUM DISTANCE OF I� 12 INCHES SHALL BE MAINTAINED BETWEEN THE OUTSIDE OF THE � WATER MAIN AND THE OUTSIDE OF OTHER UTILITIES. I 5. WATER MAINS AND RECLAIMED WATER DISTRIBUTION LINES. WATER LINES SHALL BE LOCATED AT LEAST 10 FEET HORIZONTALLY FROM OR AT LEAST 18 INCHES ABOVE WATER PIPES CARRYING TREATED AND cn DISINFECTED WASTEWATER IN RECLAIMED WATER DISTRIBUTION LINES. CROSSINGS SHALL BE MADE IN ACCORDANCE WITH NUMBER 2 ABOVE. FIRE & LIFE SAFETY NOTES: 1. NEW HYDRANTS MUST BE AVAILABLE FOR USE PRIOR TO CONSTRUCTION OF THE BUILDINGS WITHIN ANY DEVELOPMENT. CAPE FEAR PUBLIC UTILTIY ATHORITY STANDARD NOTES: 2. HYDRANTS MUST BE LOCATED WITHIN 8' OF THE CURB. 3. CONTRACTOR SHALL MAINTAIN AN ALL WEATHER ACCESS FOR EMERGENCY VEHICLES AT ALL TIMES DURING CONSTRUCTION. 4. A MINIMUM OF 4' SHALL SEPARATE UNDERGROUND FIRE LINES OR PRIVATE WATER MAINS FROM OTHER UNDERGROUND UTILITIES. 5. LANDSCAPING OR PARKING CANNOT BLOCK OR IMPEDE THE FDC OR FIRE HYDRANTS OR ACCESS TO THESE APPARATUSES. A 3-FOOT (3') CLEAR SPACE SHALL BE MAINTAINED AROUND THE CIRCUMFERENCE OF HYDRANTS AND FDC. 6. HYDRANTS SHOULD BE 18 INCHES FROM THE CENTERLINE OF THE STEAMER CONNECTION TO FINISH GRADE, THIS INCLUDES LANDSCAPING. STEAMER CONNECTIONS SHALL FACE THE STREET. 7. FIRE HYDRANTS SHOULD NOT BE BLOCKED BY PARKING SPACES OR UTILITIES. 8. THE GATE AT THE ACCESS TO BRAYS DRIVE IS FOR EMERGENCY ACCESS ONLY AND SHALL BE SIREN ACTIVATED OR A KNOW BOX PROVIDED. Board of Commissioners - February 3, 2025 1. ALL PROPOSED ADDITIONS TO THE CAPE FEAR PUBLIC UTILITY AUTHORITY (CFPUA) WATER DISTRIBUTION AND SANITARY SEWER COLLECTION SYSTEMS, AS SHOWN AND SPECIFIED HEREIN, SHALL BE DESIGNED AND CONSTRUCTED TO CONFORM TO STATE RULES AND THE CFPUA'S MINIMUM TECHNICAL STANDARDS ARE CONTAINED IN THE CURRENT DESIGN GUIDANCE MANUAL, MATERIAL SPECIFICATION MANUAL, TECHNICAL SPECIFICATIONS FOR CONSTRUCTION, AND STANDARD DRAWING DETAILS. 2. SEWER MANHOLE INSERTS REQUIRED AT ALL MANHOLES. STAINLESS STEEL MANHOLE INSERTS REQUIRED AT MANHOLES LOCATED IN TRAFFIC AREAS. 3. WATER AND SEWER SERVICES SHALL BE PERPENDICULAR TO MAIN AND TERMINATE 18" INSIDE THE RIGHT-OF-WAY LINE. SEWER SERVICES IN CUL-DE-SACS ARE REQUIRED TO BE PERPENDICULAR, OR MUST ORIGINATE IN END OF LINE MANHOLE AND TERMINATE 18" INSIDE RIGHT-OF-WAY LINE. 4. ALL SEWER SERVICES CONNECTING INTO DUCTILE IRON MAINS SHALL ALSO BE CONSTRUCTED OF DIP. 5. MINIMUM 10' UTILITIES EASEMENT PROVIDED ALONG THE FRONTAGE OF ALL LOTS AND AS SHOWN FOR NEW DEVELOPMENTS. 6. NO FLEXIBLE COUPLINGS SHALL BE USED. R03600-005-008-000 GREGORY POOLE EQUIPMENT COMPANY D.B. 6645, PG. 1746 ZONING: B-2 LAND USE: COMMERCIAL I 7. ALL STAINLESS STEEL FASTENERS SHALL BE TYPE 316. 8. CLEANOUTS SHALL BE LOCATED A MINIMUM OF 6 FEET FROM ALL PROPERTY CORNERS. 9. WATER METER BOXES ARE TO BE A MINIMUM OF 5 FEET FROM THE PROPERTY CORNER. 10. UNUSED SERVICES SHALL BE ABANDONED, ABANDONED WATER SERVICES SHALL BE DISCONNECTED FROM MAIN. 11. A MINIMUM 10' OF MAIN LINE, 5' UPSTREAM AND 5DOWNSTREAM SHALL BE REPLACED FOR NEW SEWER SERVICE CONNECTION TO EXISTING CLAY GRAVITY SEWER MAINS. 12. A MINIMUM OF 20' OF MAIN LINE, 10' UPSTREAM AND 10' DOWNSTREAM SHALL BE REPLACED FOR NEW CUT IN MANHOLES ON EXISTING CLAY GRAVITY SEWER MAINS. 13. PROVIDED A MINIMUM DISTANCE OF SIX(6) INCHES BETWEEN EDGES OF CORE HOLES. CORING THE MANHOLE CONE IS NOT PERMITTED. 14. WATER MAIN AND FORCE MAIN PIPE INSTALLED BY OPEN CUT SHALL BE BURIED AT A MINIMUM OF THREE (3) FEET AND A MAXIMUM OF FIVE (5) FEET BELOW FINISHED GRADE. DEPTHS GREATER THAN FIVE (5) FEET MUST BE APPROVED BY CFPUA. 15. ALL MANHOLE MAIN LINE AND SERVICE PIPING TO BE INSTALLED AT A MINIMUM OF CROWN TO CROWN OF THE LARGEST DIAMETER PIPE. EX. SERVICES NOTE: ANY EXISTING SERVICES NOT USED WILL NEED TO BE PROPERLY ABANDONED AT THE MAIN IN ACCORDANCE WITH CFPUA STANDARDS AND SPECIFICATIONS \, , , - - - , , ", , -, ­� rxt-% , , i J D.B. 4626, PG. 912 / M.B. 43, PG. 372 / ZONING: 1-1 LAND USE: • j: ..` �'... •. s M�. VACANT INDUSTRIAL L MA 14MA17 - N24 EXISTING REGULATE TREE PER NHC, TYP.`� rl )� I fV/11a1 M A / T- I [ FIRE LINE NOTE: SITE CONTRACTOR SHALL COORDINATE WITH FIRE SUPPRESSION DESIGN BUILD TO CONFIRM FIRE SERVICE SIZE PRIOR TO ORDERING ANY MATERIAL OR INSTALLATION. SITE CONTRACTOR SHALL INSTALL FIRE LINE INSIDE RISER ROOM AND TERMINATE 12" AFF. Know whars below. Call before you dig. 0 U O U W W W IT� 1 0 I n� H M� �-1 F-�-i GRAPHIC SCALE 0 25 50 100 200 I--�-I SCALE: 1 "=50' Z O U) LU CIA w 0 N c� o OTC)�O LL CZ z ci w 0� Q �oQj Wo �Z ow 0c c�1 • `�-I 0c Z pt�N (1) i cj W �O W Z I 1 c Z � �W � W O OWE O NU-,aaa Z N O co 2 ~ O °z O ° z_ J Q F J}z0 (� a<c� U 0 �a�Z_ o o w�0U) ZZY O C) J J W ` W J 2 3: 0 C)a-a:T 0 0U)000 SEAL C-401 PEI JOB#: 24237.PE �GT 140 cyc�F F� AO�TF P� SITE Rt;, co o '%x do q eyy� �`s DR 00 VICINITY MAP NOT TO SCALE NORTH Know what's below. `r a a L RIM = 30.20 RIM -29.38 I HOMEOWNERS mac' 7 ) ) I / o & w - ^ �� s/ \� cam'. cS'. 0 0 /y HOMEOWNERS /// { / MORGAN / Y1 / / o O ¢ rn 0 INV = 15.14 � INV = 14.71 S - ASSOCIATION, INC \2 0 �y��� p J2'L6s� i ASSOCIATION, INC - = — ��� // I D.B. 6025, PG. 1493 / / I / ��II�r you dig. 00 x o UO o m �� o D.B. 5790, PG. 35 i 0O OS� O o / D.B. 5790, PG. 35 i l iz+� n� / l '� / /� \ M.B. 46, PG. 25 / �_ / ^ �!!� D.B. M.B646, PG. 253 I M �m rjI q ss ti s s.o 23— O = to -_ r - az- / SS M.B. 55, PG. 340 / d J / �z! J / I / 0 0 \ / c' o O• M.B. 55, PG. 340 r _ ` ( ZONING: R-15 f l/ _ - % a ¢ 18 �RIVATE ALLEY / �� ZONING: R-15 \ 8s �00�� \ ZONING: R-15 JJ - r 2�' / o \\ LAND USE: /�) -- \ ZONING: R-15 \ I I LAND USE: RESIDENTIAL 1�0� \ sC d O��' I \ / / ( / S 50°19'17" E 1 1 !_ - t _ - �, ^a � O oo f y O / LAND USE: RESIDENTIAL - v 9 \ $Q COMMUNITY OPEN SPACE �� On OM_MUNITY OPEN SPACE s L - - / ` \ / ei S� \ RESIDENTIAL / fESIDENTIAL r� // LAND USE: I 150.03'/ d \ \` = S 47°46'24" Ei S 48°16'45" E \ o L E _ _ S 48°24'53" E JIPF �� A� PK / ��s ch — 1 —, ` \ I ^e / \ ,°� 1 J T 6e� ae � �o� -121 r53'- — ` ✓ 1 °&- ^ C :\\ f — 506.30' a L — —4� ~ o _ L� \\ —9 r __ — �--� ��M+a z J 81.39 \ oo� SS S$ r J $ fQ� -` nn, \ - ry r QAAH JJ� f J ^ye f•oI ` t _ — ^��I ^ - SMH c �1 SSS —= SNjArr_lur !� omt �� a- J o \ -r, �I — z l ^ I C \ ^bl 01' ti� \ RIM =30 V ^' 1 \ \ \ \ L r ` ` = / \ \ / \ -I ( L \ \ t 41 r zar / OPENi I \ I / �1 ^ o RIM "6i.:54' `v \ J) EXISTING POND ASSOCIATION, INC I — \ 1 8" C-900 (DR 18) PVC - FIRE HYDRANT \ _ _ = INV `¢ ss � �� - I / D.B. 5790, PG. 35 ^ ^a� / -- �WATER MAIN- • ASSEMBLY, TYP. _1v _ _ ) \ \ \ : t'• o \ M.B. 55, PG. 340 - - ZONING: R-15 GRAVITY • _ \ L \ \ I /� k USE: ^ — ✓ ., t. f. ; s • >: SMH-1 _— — — / / _ / \ ( / ^ ��' ` �y LAND RESIDENTIAL 1, l �� \ • . .\ . ' 0 SSMH 1 - i L. n •' _ �s SMH ` l \ AMENITY �ry \ I I o �r _ •� SSMH-1 `.:`:,. .':'.,..,{ �:i",�:';•..•�" ':i, ':;:'L'•'t':'.,. SMH-1 — �� 1 0�\ I I r c \\� \ \ \ s 50°2001 E ti \ ti 1 y 'f`^ �^ M M \ ,�'''s`•.. _\\ ) ( \\ / I I //-J .. .y .. e ....! ... is • i .y ., •,; }.,: i ••,.' . 1 :' J • ' ° •A& \ M 6`j//�� t�M—n M 4 �� sMHx / 1 I \ = t , c :...'. , t ,•..,. , .. !+ : t / to \ . FIRE HYDRANT �� / ., .. ,✓`: '•'••,..+.. , . ', ., . ,: •. !: • ' 1 \\ UTILITY INFORMATION /////r s / ASSEMBLY, TYP. ° . \ CONTRACTOR SHALL INSTALL WATER AND SEWER SERVICES IN/�/rJ)( 7 — ~ \ \ t ` /l/// 'r t.•, FIRE HYDRANT \ _ .'; ' • .:+•, ACCORDANCE WITH CFPUA STANDARD DETAILS AND / — — 1 )I �\ �� 'S �. SMH-19 I �/ r / �.,` _ ASSEMBLY, TYP. FIRE HYDRANT 'LIT, I \ SPECIFICATIONS. _/'JyJJ'I/( \ I` %� \ ( ASSEMBLY, TYP. q4 S� o\���1 \ t \ 41 SANITARY SEWER \ �� \ :,. :, I % l / , . THIS PROJECT IS PROPOSING 8" SANITARY SEWER MAINS � \ i:'. • .• .,. THROUGHOUT DEVELOPMENT WITH INDIVIDUAL SERVICES TO — \ �_ ae-- J � � '; ''•' _ — — a •:`� / � '`•%: � -- FIRE HYDRANT EACH UNIT. THE PROPOSED COLLECTION SYSTEM WILL r — ( { `) \ __ __ r —� I / / ' — z" ASSEMBLY, TYP. CONNECT TO AN EXISTING CFPUA GRAVITY SEWER SYSTEM / \ I +•' I ) I \ / ___ _ _ '' / `� / _ �s �s LOCATED ON -SITE. ALL SANITARY SEWER ALLOCATION / r I - __ = L I ::4 ;r; SMH-X1 �t��"� PROVIDED BY CFPUA. ��L11 \ I ) ,'t' CO S64H-0 I ^ eQ �M 'r _ I ,. / aa 484W 2143'CONTRACTOR TO COORDINATE SANITARY TIE-IN TO EXISTING / IPF FACILITIES WITH CFPUA. CFPUA INSPECTOR TO BE ON -SITE \ (z� 1., ;.. _ I - 7� � / DURING TAPPING OF EX. SEWER FACILITIES. SANITARY IN -LINE \� /� ;; ) ?:; 'i' L /~ / / - _ ^he 6Q / /� r R03700-004-29 0s o0 PLUGS ARE REQUIRED AT ALL CONNECTION POINTS TO EX. \ l ��� ) \ FIRE HYDRANT - = I _ _ f: �- �Q�Q� \I / RICHARD WILSOV SEWER FACILITIES AND MUST REMAIN IN PLACE UNTIL \ \ ' .� ASSEMBLY, TYP. _ ( _ _ - � _ -+9 D.B.551, G. 15. \ � I / � ` ' • 2� •'r � ,`'� / � �'. f4 - � -� i- t' • -��� \ I M.B. 51, PG. 15• CONSTRUCTION IS COMPLETE AND CFPUA HAS COMPLETED ITS \ R. _ �_ ; ; - �.' ZONING: R-15 ( / )LAND USE: tiI _ ��'.: - _ - I E: INSPECTION. V i`` . v •• , ...; : • .!: + / / -,9- }' RE SIDENTI � � . •••'t.... , �.•: SMH-1 •. — �.",. WATER )� ,.. / 4 . n'..... •F' :. •:� , ,..... _ / J / I = , _ — z� — _ J — —Z — — —z>_� — ^° \ — J / THIS PROJECT IS PROPOSING 6-INCH AND 8-INCH PUBLIC ^ :� SMH-0 �\ SS SS SS y ASS ss 1 — / `� • / / — — — _ —2}- ix I R03700-004-296-600 WATER MAINS LOCATED THROUGHOUT THE DEVELOPMENT ^ I / SSMH-0 SMH-0 I \ SMH-1 ' - - - CAMERON DANIEL • y M M = M ' 1 J - z _ -� - : I D.B. 6290, PG. 242 WITH CONNECTIONS TO THE EXISTING WATER SYSTEM IN / I / ' M M M M — FIRE HYDRANT ti / \ / ==_ " ■ - - Ir M.B. 51, PG. 154 THREE (3) DIFFERENT LOCATIONS. INDIVIDUAL SERVICES WILL t` - -�c / "'` ": _ - - ^ - _ _ x ZONING: R-15 .;•:".•t.t•.t.,":,.;••'�`:i:t.':i••.,......••:�•:.'....t, �-•r-•... '.,...t..: •...,., ,. _ ASSEMBLY, TYP. I •\ � /z' V \ ry `�i i:''•�• •i" = y"!. .... "..a'•.t..:l':t'.`'`t.'.'•,.t•.(•I.'.,..,...t':i';t:..'..':,'t.;;:t.;•:.'� ='$ . 1 \ .� .c SMH 0 / _ _— � •• `� Ly I � ND USE BE PROVIDED FOR EACH UNIT. ALL DOMESTIC WATER IPF \ 16 ;\� ^ :�,.:" ...• _ _ �,— FIRE HYDRANT �'` I ` / / — _ RESIDENTIAL J ALLOCATIONPR PROVIDED BY CFPUA. S v � \ :,••'•• : ;if',..':•i• ;: ::t - / In f � Xx , I :'�':r•,•;� . !• . '•' ASSEMBLY, TYP. — — ( FIRE HYDRANT " • / r Ss� ) SMH-11 SMH-10' r. r • •,: + r — _ — _ ) ASSEMBLY, TYP. • — :'y \ / CONTRACTOR TO COORDINATE WATER TIE-IN TO EXISTING _ I I /I R CHELLE KR INE SS / ^y I - _ ( \ \ \ I t �\ / /` ROCHELLE KREINER At_ / I - - t 'Y \ l % ` ti� • \ I �h D.B. 6406, PG. 1314 FACILITIES WITH CFPUA. CFPUA INSPECTORS ARE REQUIRED — t.� :. F�Ilrx� x•F I \ I / / I M.B. 51, PG. 154 TO BE ON -SITE DURING TAPPING OF THE EX. UTILITIES. AG \ s:`°;"+-�!'' :'k� �� ;'4, J / I ,; ? I ) I I ZONING: R-15 p ,= �. \ ` \ i - - LAND USE: \ ` ` / '.t' F ! 'y /✓ \ :ti \ \ �� RESIDENTIAL \ UTILITY NOTES: (NCAC 15A.02T.0305 / T15A.18C.0906)\\ ^ / j t t. I.. • .- l� _ • \ / 1. PER RULE .0904, WATER MAINS MUST BE BURIED TO A DEPTH BELOW THE FROST LINE OR TO A DEPTH SUFICIENT TO O\\\��1 FIRE HYDRANT b I " �' — _ ; \ J E >� I I Rb3700-004-298-000 PROVIDE A MINIMUM OF 30 INCHES WHICHEVER IS GREATER. IIL,,(I ��\���1��`�� \ \ r �/ ASSEMBLY, TYP. III r': �' -_ - - i, \ \ ( _ _ I ANNAROVETTO S�I n L I / / D.B. 6636, PG. 1714 OBER-006-082-000 ^ - I I ( �T { _ '' \ • / +' v� / / M.B. 51, PG. 154 ROBERT L. YUNASKA \ \\�`` LJ :: �` - _ _ = 2,. �' _ _ • I 2. LATERAL SEPARATION OF SEWERS AND WATER MAINS. R0360D.B. 4626, PG. 912 7-- M.B. 4 \ 25 / / ( ZONING: R-15 WATER MAINS SHALL BE LAID AT LEAST 10 FEET LATERALLY 43, PG. 372 �^ % ^ \ L = p Z }: - ( N� LAND USE: ZONING: I-1 \ 0 \, �R�\ J • \ .x _ :.k. / ) j� / I" I I �2ESIDEN \AL FROM EXISTING OR PROPOSED SEWERS, UNLESS LOCAL I— ^ ,',;FIRE HYDRANT CONDITIONS OR BARRIERS PREVENT A 10-FOOT LATERAL VACANT INDUSTRIAL L \ ^ 2' 8"C 900 (DR-18 PVC \ 1;.` ASSEMBLY, TYP. �- / \ � L 1 \ /� 4 ` ^ `� .� ^ ,.. WATER MAIN \ /�/ _— i// � .. L� ^ 5 ^ \ � ' • , � R03700-004-299-000 SEPARATION, IN WHICH CASE: ( ) I I ) ` �/� \ 1 ° �•� Q� , ^h _ ^`p / - _ - d `: • ,; t ; yy / / / // SOUTHERLAND ERLAND / I ) 1 THE THE WATER MAIN IS SHALL BE LAID IN A .. •. .•" �` r ( ) h car —,.'-'•'' _FIRE HYDRANT \`�\\�\ c: FIRE HYDRANT , /// // �1�\� I 1 � ( � / ^ � � en � ,`. � � ` °.., ^ � � � � '- -� _ � • • I D.B. 5571, PG. 1535 SEPARATE TRENCH, WITH THE ELEVATION OF THE I I� ) o \ ti� 90� \l `^ l ti \�•,, \ ��� ^ = j r \\ = J L ASSEMBLY: TYP. \ �\\\°�\ ASSEMBLY, TYP. M.B. 51, PG. 154 BOTTOM OF THE WATER MAIN AT LEAST 18 INCHES ABOVE _ �/ ^z� \� \�'`�'`L °� ~ - / _ z c - •': , `' ,...;. \ , - J ZONING: R-15 I )/ / ( /`.�•. - F z� �/ -�a\�.�- -_�_ - - \ ' }': :,; • �( \ :+ - \ I LAND USE: THE TOP OF THE SEWER; OR cl� \ \ \ �� - _ 6 _� - -- �.... ,•..' �.,:. ,..t, r _ 1 • ' � .,. .t, ..r•`.1' •i: �C,:. :•1�'•ir`.r-,t•. I RESIDENTIAL (2) THE WATER MAIN IS SHALL BE LAID IN THE SAME � � / �\ � > �t� \ \ ea •ti^/ _ — — � J \•�—_ ; �� a� \ — ,-- _ ( I TRENCH AS THE SEWER, WITH THE WATER MAIN LOCATED 1\� \\ '� \ / ti '� — o — ~ �^ ;-� \ I I I —' \ i - � � � L \ \\ � \ � �\ � � - - mot` o / \ ^ ^ ti ^ � � � � R03�00-004-300-000 / \ \ °G lry \ \ _ SS �- SS SS c, \ i _ ` m I r� I I I STEVE LINDNER U AT ONE SIDE ON A BENCH OF UNDISTURBED EARTH, AND / / \ \, \ ^ \ 6E - - S _� S o / WITH THE ELEVATION OF THE BOTTOM OF THE WATER \ _ \ \\ / /� / r \ \ .�, ` \ SMH-Q r-_`' ,:: A; ,, .. , \\ • i — I ^ D.B.6' PG.2140 _ _ .: , SMH-03 \ ( \ \ \ i / ^� �/� \\��� = — t. , :. ..j •.'y: {j •., ,[`';: i •.;+.. , . ,.•...1 r ,: ••n .. ,..., t ..t..: a: ,'..a. �..1 .'•� •`..t \� I I \ M.B. 51, PG. 154 MAIN AT LEAST 18 INCHES ABOVE THE TOP OF THE \ ° \ ' +`:t �.,... t. ;- , ZONING: E: SEWER. \ �\ \ F \ _ _ _ / - z % LAND USE: \ � p.\ � - � \� �\ _- _ � \ \ • 8" C-900 (DR-18) I RESIDENTIAL \ GRAVITY SEWER 3. A WATER MAIN THAT CROSSES A SEWER SHALL BE LAID A \G P oP6sED ° \— — MINIMUM VERTICAL DISTANCE OF 18 INCHES FROM THE, I^ �� \ �\ sTORowpTER� I \ ) \.�\\ \\\ \•\ \ I I R03700-004�01-000 �� ,. DEREK REEVES 1� z .� \\\\\\ \ r D.B. 5625, PG. 1573 OUTSIDE OF THE WATER MAIN AND THE OUTSIDE OF THE \ �,aJ �� � \ \\ O SEWER, EITHER ABOVE OR BELOW THE SEWER BUT, IF / \ \ (/ , ^ \ E \ J - \ I M.B_ 51, PG. 154 / ,e? / )� (j q \ \ \ / PRACTICABLE, THE WATER MAIN SHALL BE LOCATED ABOVE � ,� i -Al' ZONING: R-15 / ^ THE SEWER. ONE FULL LENGTH OF WATER PIPE SHALL BE LAND USE: _ \ 1 I �P ' , \ — Q \ RESIDENTIAL LOCATED SO THAT BOTH JOINTS WILL BE AS FAR FROM THE o / / ) / • e \ I SEWER AS POSSIBLE. �` (• `sos ry^e�� / -� �/ ry� / % I ( I >� �o • R03700-004-011-000I PORTERS CROSSING O � Q• / ,- i^1,�%` ^., HOA INC 4. TO ALLOW FOR CONSTRUCTION AND REPAIR, A MINIMUM ��\/ �J / ^ 64°11'49 ` / / / / ( ` ` I I D.B.6102, PG.2894 DISTANCE OF 12 INCHES SHALL BE MAINTAINED BETWEEN r� /-,��7 5` `G A ` i i o e /N 42113�/ / - i- / / ) ) ` M.O IN :R 154 � ^ �� �2.�-- _ � � / � ( / \ ZONING: R-15 n THE OUTSIDE OF THE WATER MAIN AND THE OUTSIDE OF �' \ — _ / / 9/ r \ ` LAND USE: LOT 142 / / / \ ` , �. \ ` S I RESIDENTIAL AMENITY OTHER UTILITIES. ll��� ^ I/ \ RICHARD MOBURG /ry / / / LOT 143 \ ,� / PROPOSED 1 , 5. WATER MAINS AND RECLAIMED WATER DISTRIBUTION LINES. \�^ �� - ELIZABETH MOBURG / / / R03600-006-013-000 �` / �� STORMWATER / / 'B D.B. 4626, PG. 912 NORA E. BENEVENTI 5� POND WATER LINES SHALL BE LOCATED AT LEAST 10 FEET ) - �/ \ \ / /S / / - 3e ^ \ \ M.B. 43, PG. 3�' REVOCABLE TRUST � \ l\\ % / p ,�y1 o c- / HORIZONTALLY FROM OR AT LEAST 18 INCHES ABOVE WATER __ �\ i LAND USF M.B.43, PG. 372 - 1 - \ i ) ( IIII l 14, PIPES CARRYING TREATED AND DISINFECTED WASTEWATER �9� 1 --- - \� / `� \ ✓ I/ \ / ) I (\ ^ I J RESIDENT '^NING: R-15 - - x -\ _ l // �// / If/ / I >�/ (\ \ /// - IN RECLAIMED WATER DISTRIBUTION LINES. CROSSINGS SHALL BE MADE IN ACCORDANCE WITH NUMBER 2 ABOVE. FIRE & LIFE SAFETY NOTES: 1. NEW HYDRANTS MUST BE AVAILABLE FOR USE PRIOR TO CONSTRUCTION OF THE BUILDINGS WITHIN ANY DEVELOPMENT. 2. HYDRANTS MUST BE LOCATED WITHIN 8' OF THE CURB. 3. CONTRACTOR SHALL MAINTAIN AN ALL WEATHER ACCESS FOR EMERGENCY VEHICLES AT ALL TIMES DURING CONSTRUCTION. 4. A MINIMUM OF 4' SHALL SEPARATE UNDERGROUND FIRE LINES OR PRIVATE WATER MAINS FROM OTHER UNDERGROUND UTILITIES. 5. LANDSCAPING OR PARKING CANNOT BLOCK OR IMPEDE THE FDC OR FIRE HYDRANTS OR ACCESS TO THESE APPARATUSES. A 3-FOOT (T) CLEAR SPACE SHALL BE MAINTAINED AROUND THE CIRCUMFERENCE OF HYDRANTS AND FDC. 6. HYDRANTS SHOULD BE 18 INCHES FROM THE CENTERLINE OF THE STEAMER CONNECTION TO FINISH GRADE, THIS INCLUDES LANDSCAPING. STEAMER CONNECTIONS SHALL FACE THE STREET. 7. FIRE HYDRANTS SHOULD NOT BE BLOCKED BY PARKING SPACES OR UTILITIES. 8. THE GATE AT THE ACCESS TO BRAYS DRIVE IS FOR EMERGENCY ACCESS ONLY AND SHALL BE SIREN ACTIVATED OR A KNOW BOX PROVIDED. Board of Commissioners - February 3, 2025 I oW U o to Z o �, VU-UU4-293-000 \� \ / �y\ \ / / (03700 004 3-000 'LI r� I I ! L /� - ( \ KAI NKYN VVULrC a N a Z O a C7 SMH �'""�_ c PORTER'S POINTE S \ o S� �s <i�, PORTER'S POINTE 1) , \` LARRY STEVEN ® \ \ LOT 144 I \ R03600-006-014-000 O MARYE. RE QUIST \\ J \��\ J /j /llll)Il ) � a u',n u %/% D.B. 5020, PG. 2264 �i6 ` ( <Sr \` v Z tl C7 a O �� M.B. 43, PG. 372 \\ 7 1 / I I U- 2 6 o ZONING: R-15 \\ \ T6 I U1 rl � � O rn G z Z F CAPE FEAR PUBLIC UTILTIY ATHORITY STANDARD NOTES- 7. ALL STAINLESS STEEL FASTENERS SHALL BE TYPE 316. LAND USE: \ Z I� \ �� ``IR / 1� \\ io w z: G z ¢ RESIDENTIAL � I \ I, } M U, tri O J ! \ �\ \ \ A o aj � N 1 1. ALL PROPOSED ADDITIONS TO THE CAPE FEAR PUBLIC UTILITY 8. CLEANOUTS SHALL BE LOCATED A MINIMUM OF 6 FEET FROM ALL 1 \ LOT 147 ( PROPERTY CORNERS. \ R03600-006-017-000 ( ) . • �� AUTHORITY (CFPUA) WATER DISTRIBUTION AND SANITARY SEWER `�\ PRUDENTIAL COLLECTION SYSTEMS, AS SHOWN AND SPECIFIED HEREIN, SHALL 9. WATER METER BOXES ARE TO BE A MINIMUM OF 5 FEET FROM THE \ \\ RELOCATION INC. 1 - of D.B. 5238, PG. 722 M.B.43, PG. 372 TI BE DESIGNED AND CONSTRUCTED TO CONFORM TO STATE RULES \ \ ^te• I I \ r PROPERTY CORNER. \ AND THE CFPUA'S MINIMUM TECHNICAL STANDARDS ARE 10. UNUSED SERVICES SHALL BE ABANDONED, ABANDONED WATER ZONING: R-15 \ \ —13-- CONTAINED IN THE CURRENT DESIGN GUIDANCE MANUAL, MATERIAL LAND USE: SERVICES SHALL BE DISCONNECTED FROM MAIN. \ ^° RESIDENTIAL SPECIFICATION MANUAL, TECHNICAL SPECIFICATIONS FOR ' 5' UPSTREAM AND STANDARD DRAWING DETAILS. 11. A MINIMUM 10OF MAIN LINE, 5UPSTREAM AND 5' DOWNSTREAM � \ �'-LOT14_ 2. SEWER MANHOLE INSERTS REQUIRED AT ALL MANHOLES. SHALL BE REPLACED FOR NEW SEWER SERVICE CONNECTION TO STAINLESS STEEL MANHOLE INSERTS REQUIRED AT MANHOLES EXISTING CLAY GRAVITY SEWER MAINS. LOCATED IN TRAFFIC AREAS. 12. A MINIMUM OF 20' OF MAIN LINE, 10' UPSTREAM AND 10' DOWNSTREAM SHALL BE REPLACED FOR NEW CUT IN MANHOLES ON 3. WATER AND SEWER SERVICES SHALL BE PERPENDICULAR TO MAIN EXISTING CLAY GRAVITY SEWER MAINS. AND TERMINATE 18" INSIDE THE RIGHT-OF-WAY LINE. SEWER 13 PROVIDED A MINIMUM DISTANCE OF SIX(6) INCHES BETWEEN EDGES R03600-006-018-000 BRADLEY J. ERBES ._ -- -- �\ - --- ✓ ° - - - --- --- J ( 5 -OT51 ` \ ___ ,: LOT 149 ~ -__ _-_ TAMI L. ERBES D.B. 5238, PG. 722 PG. '' �3^ R03600-006-024-000 ERNEST W. OLDS / \ �f - II _ a= LOT 150 R03600-006-025-000 _ i - -r - - - R03600-006-026-000 MADISON M. NEWSOME 372 ZONING: ZONING: - \ - \ DAWN M. OLDS �z_ RIC HARD MIMMS - - _ BUNJONG R-15 � - - � - _t � P. � LAND USE: r \ \ \ D.B. 6056, PG. 182 _ - SUPATRA MIMMS _ " �� NEWSOME / RESIDENTIAL T _ M.B. 44, PG. 307 - -I- D.B. 6221, PG. 2760 �s _ _ D.B. 4655, PG. 304 -z / I ZONING: R-15 _ - / M.B. 44, PG. 301 - -� ` M.B. 44 PG. 307 SERVICES IN CUL-DE-SACS ARE REQUIRED TO BE PERPENDICULAR, / \ LAND USE: / ZONING: R-15 r -,\ /'- ZONING: R-15 _( \/- OR MUST ORIGINATE IN END OF LINE MANHOLE AND TERMINATE 18" OF CORE HOLES. CORING THE MANHOLE CONE IS NOT PERMITTED. INSIDE RIGHT-OF-WAY LINE. 14. WATER MAIN AND FORCE MAIN PIPE INSTALLED BY OPEN CUT SHALL 4. ALL SEWER SERVICES CONNECTING INTO DUCTILE IRON MAINS BE BURIED AT A MINIMUM OF THREE (3) FEET AND A MAXIMUM OF SHALL ALSO BE CONSTRUCTED OF DIP. FIVE (5) FEET BELOW FINISHED GRADE. DEPTHS GREATER THAN 5. MINIMUM 10' UTILITIES EASEMENT PROVIDED ALONG THE FRONTAGE FIVE (5) FEET MUST BE APPROVED BY CFPUA. OF ALL LOTS AND AS SHOWN FOR NEW DEVELOPMENTS. 15. ALL MANHOLE MAIN LINE AND SERVICE PIPING TO BE INSTALLED AT A MINIMUM OF CROWN TO CROWN OF THE LARGEST DIAMETER PIPE. 6. NO FLEXIBLE COUPLINGS SHALL BE USED. / RESIDENTIAL _ - - LAND USE: LAND USE: \ , \ I RESIDENTIAL - - �e \ RESIDENTIAL a F-'-i GRAPHIC SCALE 0 30 60 120 240 SCALE: 1 "=60' �J L7 z 0 w � O w � O w � � N o 0 a W � 0�O z O z U O W0- z ow N � z p N O � QJ 4� i� N w 00 w z 1,4 G1 A w F■"i � W O -+ P� H L) I O�v � �MM H �wJ0J H aotntnm Ncoaaa o it w tY tY z 0 Q 0 H Z) z F- O O D- o z J J V U Z)<�° Z_ �zWw 0 o W �pQ > LLIZZY 0 U J J w W J 2� U zw¢J �¢tn9w 0dEitY 01 0(5)000 SEAL C-402 PEI JOB#: 24237.PE Public Comments and Items as Submitted 1-17-2025 The Planning Department staff do not attest to the truth or accuracy of the following documents. Each party bears the weight of explaining and certifying the validity of their own submitted items, as well as ensuring they are entered into evidence. Board of Commissioners - February 3, 2025 ITEM: 8 - 17 - 1 Farrell, Robert To: kelly slider Subject: RE: Special Use Permit S24-04 Bayshore From: kelly slider <slider.kelly@gmail.com> Sent: Thursday, January 9, 2025 11:39 AM To: Farrell, Robert <rfarrell@nhcgov.com> Subject: Re: Special Use Permit S24-04 Bayshore ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Thanks Robert. I'll review and try to make sense of it. 0 To be clear, I'm not opposed to development of the adjacent "tree farm" property. I've been friendly with the owner Herby for years. My opposition is to the requested density change of 3x the current unit per acre and with that, the added stress on already maxed out resources in the immediate area. The sketch has pickleball courts adjacent to our neighborhood. As a PB player, can assure you no one wants to hear that noise while on their porch. Especially when the courts are part of a different development. The potential for the county to allow any access from proposed development to Porters Neck Road via Brays Drive, would drastically impact the Porters Pointe neighborhood charm and property values. Developers need to figure out two entrance/exits to new development that do not impact existing single family home neighborhoods. IMO there are better uses for the property with less impact on existing neighborhoods and the areas infrastructure. Sincerely, Kelly Sent from my iPhone 1 Board of Commissioners - February 3, 2025 ITEM: 8 - 17 - 2 Farrell, Robert From: noreply@civicpIus.com Sent: Thursday, January 9, 2025 7:41 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Doss, Amy; Dickerson, Zachary; Beil, Ryan Subject: Online Form Submission #16499 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 Maria Last Name Morgan Address 8234 Porters Crossing Way City Wilmington State NC Zip Code 28411 Email klaft926a�smml.net Please select the case PB Meeting - S24-04 - Bayshore Townhomes Multi -Family in for comment. B-2 What is the nature of Oppose project your comment? Public Comment I am apposed to both S24-04 and S24-05 on the bases that we need more affordable homes - individual houses - not condo's, townhomes and apartments. People want their own starter home with a yard. There are plenty apartments going up around here. What about small affordable starter homes? I also object based on the congestion having so many more 1 Board of Commissioners - February 3, 2025 ITEM: 8 - 17 - 3 people and cars would create at the corner of Market and Porters Neck Road. 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 - February 3, 2025 ITEM: 8 - 17 - 4 Farrell, Robert From: jbaillar@gmail.com Sent: Wednesday, January 8, 2025 9:36 PM To: Farrell, Robert Cc: Erica Baillargeon Subject: Bayshore Townhomes - 8138 Market Street ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Hello Robert, I'm a resident in the Marsh Oaks community and my wife and I are very concerned about the proposed development at 8138 Market Street. I'm particularly concerned about impact to our schooling system and traffic on Market Street. I previously opposed this development the last time it came to the Commissioners and remain opposed. I plan to be at the meeting tomorrow. Thank you, Joe Sent from my iPhone 3 Board of Commissioners - February 3, 2025 ITEM: 8 - 17 - 5 Farrell, Robert From: noreply@civicpIus.com Sent: Tuesday, January 7, 2025 12:23 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Doss, Amy; Dickerson, Zachary; Beil, Ryan Subject: Online Form Submission #16438 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 Ian Last Name Mackenzie Address 8230 Porters Crossing Way City Wilmington State NC Zip Code 28411 Email ianmac32sr(cDhotmail.com Please select the case PB Meeting - S24-05 - Bayshore Townhomes Additional for comment. Dwelling Allowance What is the nature of Oppose project your comment? Public Comment Although there are some positive changes in the updated plan being presented to the NHC Planning Board on January 9, 2025, the changes do not appear to be sufficient to adequately mitigate the risks and concerns raised at the January 8, 2024 NHC Board of Commissioners Public Hearing on the original plan. These included the following: • Considerable added traffic congestion towards the northern end of Market Street resulting from the addition of over 300 family units in this development 8 Board of Commissioners - February 3, 2025 ITEM: 8 - 17 - 6 • Schools will be even further strained — Porters Neck Elementary and Laney High School are already over -capacity • Further strain on nearby healthcare facilities • Negative impact on the overall single-family homes community ambience of the Porters Neck area. Comparing the original development plan presented at the NHC Board of Commissioners meeting on January 8, 2024 to the updated one being presented on January 9, 2025, the following is noted: Zoning Density: According to the new plan map details, the zoning density has changed from Medium Density to High Density for the R-15 Townhomes area. This isn't a positive change! Number of Units The number of Townhomes has decreased from 348 to 304, but this is partially offset by the new inclusion of 62 apartment units. The total number of living units has decreased by only 12.6%, from 348 to 304 total. This small change won't alleviate the concerns previously raised about the original plan. Residential Parking Spaces The original plan called for 786 resident parking spaces. The new plan calls for 582 resident parking spaces, a decrease of 204 spaces, or 26% less. 484 parking spaces for the 242 townhomes. 20 spaces for the 10 two -bedroom apartments. 78 spaces for the 52 one - bedroom apartments (1.5 spaces per one -bedroom unit, according to the specs). Total: 582 parking spaces for residents. The total number of resident autos could total 608 (2 cars for each of the 304 units), which would mean any overflow would need to park on the development's street. Would there be room for this? Miscellaneous Only 6 parking spaces appear to be planned for the recreation/pool area. Is that realistic for potentially 400-600+ residents? There appears to be no parking spaces available for the four pickleball courts. The nearest parking is for the residents of the nearby three-story townhomes. Is this practical? The map legend indicates a pedestrian crossing location, but the map itself doesn't appear to show where this is. 9 Board of Commissioners - February 3, 2025 ITEM: 8 - 17 - 7 Unmitigated Problems exacerbated by this proposed development Significant traffic congestion from all the existing in -process and recently -completed developments in the close vicinity of North Market Street, Highway 17N and Sidbury Road. Major additional burden on area schools that are already considerably over -capacity Alternative for Consideration Use the 30 R-15 acres to construct 60-80 single family homes! [2-3 homes per acre]. 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. 10 Board of Commissioners - February 3, 2025 ITEM: 8 - 17 - 8 Farrell, Robert From: noreply@civicpIus.com Sent: Tuesday, January 7, 2025 9:32 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Doss, Amy; Dickerson, Zachary; Beil, Ryan Subject: Online Form Submission #16466 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 S Last Name McLendon Address 604 Shoals Drive City Wilmington State NC Zip Code 28411 Email csmclendon(c)gmail.com Please select the case PB Meeting - S24-05 - Bayshore Townhomes Additional for comment. Dwelling Allowance What is the nature of Oppose project your comment? Public Comment Please consider this and my attached comments as strong opposition to the subject special use permit request. Although this project has less units than was considered last January, the project, if approved, will result in the placement of approximately 9 dwelling units/acre. This high density proposal will result in additional traffic on an already overcrowded and unsafe section of Market street, result in more students at already overcrowded schools, will do nothing to alleviate the shortage of affordable housing, and result in additional 6 Board of Commissioners - February 3, 2025 ITEM: 8 - 17 - 9 degradation of Pages Creek, which is already closed to shellfishing and is subject to increasing amounts of sedimentation from urban runoff. In short, this project cannot be found to be in the Public Interest and must be rejected in favor of a more reasonable proposal. I note that although the Military Cut -Off extension has been open for about one year, traffic routinely backs up a considerable distance from the light at Porters Neck Road. Additionally, I urge you to look critically at the proposed improvements at Cypress Pond Way which the developers' traffic engineer stated are supposed to reduce queuing at the light at Porters Neck. Instead, it appears that anyone wishing to make a U-turn at Cypress Pond Way from the proposed development, will have to cross two lanes on Market Street and enter the left turn lane after it has already started. Finally, this proposal is not compatible with the surrounding single family residential development. 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 Rezoning letter Market street.docx File 2 Field not completed. File 3 Field not completed. File 4 Field not completed. Email not displaying correctly? View it in your browser. 7 Board of Commissioners - February 3, 2025 ITEM: 8 - 17 - 10 Farrell, Robert Subject: FW: Bayshore Townhomes Project at 8138 Market Street Attachments: Special Permits letter Market street.docx From: Scott McLendon <csmclendon@gmail.com> Sent: Wednesday, January 8, 2025 2:33 PM To: Rivenbark, Bill <brivenbark@nhcgov.com>; Pierce LeAnn <Ipierce@nhcgov.com>; Scalise, Dane <dscalise@nhcgov.com>; Zapple, Rob <rzapple@nhcgov.com>; Walker, Stephanie <steph.walker@nhcgov.com> Cc: Roth, Rebekah <rroth@nhcgov.com> Subject: Bayshore Townhomes Project at 8138 Market Street ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Good Afternoon NHC Commissioners. I hate to add yet another email to your inbox but feel compelled to again offer my comments regarding the subject Special Use Permit request that you will be considering in your upcoming February 3 meeting. As you may recall, this project was considered last January at which time the developer withdrew his request prior to a decision from you. The current request contains only a modest reduction in the number of dwelling units but still has a density of approximately 9 units/acre. Accordingly, the factual basis for my opposition remains the same: 1. Unacceptable impacts to an already overcrowded and unsafe section of Market Street; please carefully reviewthe proposed traffic improvements. 2. Unacceptable increase in the number of school age children at our already overcrowded schools over what is allowed under the current R-15 zoning. 3. Incompatible with the surrounding land use which is primarily single family homes. 4. Unacceptable increase in the amount of impervious surfaces in the Pages Creek watershed which is already closed to shellfishing and is subject to copious amounts of stormwater runoff during storm events. 5. Contrary to the developers statements, this project will do nothing to alleviate the shortage of affordable housing in the area. My comments are more fully supported and explained in the attached document. Your consideration of these comments is greatly appreciated. Sincerely, Scott McLendon 910 231 9275 1 Board of Commissioners - February 3, 2025 ITEM: 8 - 17 - 11 Rezoning Request (Z23-21) — Request by Bayshore Townhomes LLC, for a special use permit to construct a 62 unit multi -family apartment complex with 1,800sgft of commercial space and to construct 242 townhomes on approximately 33.54 acres located at 8138 Market Street. As a long time, resident of the Bayshore community I am extremely concerned about the construction of 304 dwelling units (DU), resulting in approximately 9 DU per acre. In short, this proposal, if adopted, will generated more traffic thus requiring the installation of an additional traffic light Market Street, will adversely impact schools that are already overcrowded, is not compatible with the surrounding land use, and result in additional impervious surfaces and runoff to Pages Creek which has experienced significant declines in water quality due exactly to this type of high density residential and commercial development. My comments are more fully explained below. 1. Traffic. According to the Draft Environmental Impact Statement that NC DOT prepared for the Hampstead Bypass/Extension of Military Cutoff, the Level of Service on Market Street up to and including Porters Neck is "F", which represents the worst operating conditions of a roadway. This data is from 2014 and undoubtedly has only gotten worse as traffic routinely backs up from the light at Porters Neck Road to Marsh Oaks Drive. Although the improvements to Market Street and the recent opening of the Military Cutoff Extension may help to alleviate some of these transportation issues, it appears that Market Street and the intersections at Middle Sound Loop Road and Porters Neck Road will continue to operate at a Level of Service "F"; higher density development will only exacerbate this problem. According to the Transportation Impact Analysis (TIA) completed for this proposal, the proposed development would result in an additional 2,300 trips/day to this already overcrowded and unsafe section of Market Street. In addition, this project will require another light at the entrance to the Food Lion Shopping Center thus resulting in yet another impediment to an already overcrowded roadway. It is unclear if the TIA considers the impact of this project cumulatively with the other existing and proposed projects in the area. For example, the recent rezoning that was approved along the Murrayville Road extension to the recently opened Military Cutoff Board of Commissioners - February 3, 2025 ITEM: 8 - 17 - 12 extension, will add more traffic to Torchwood Blvd, Murrayville Road, and I- 140, and ultimately to Scotts Hill. 2. Pages Creek. Cape Fear Resource Conservation and Development along with the New Hanover County Soil and Water Conservation District is preparing a Pages Creek Watershed Restoration Plan. According to information that is provided on New Hanover County's own website, Pages Creek has approximately 18% of its watershed covered with impervious surfaces, Pages Creek is impaired under the Clean Water Act and its shellfish waters are closed due to high bacterial levels from runoff, and has experienced an increase in flooding and a decrease in water quality over the past two decades (Pages Creek Watershed Restoration Plan — CFRC&D and NHCS&WCD). As a resident of Bayshore I can personally attest to the amount of sediment that enters the creek after moderate to heavy rainfall, as well as the warning signs regarding fecal coliform that are posted periodically at the community boat ramp. It is sad and extremely frustrating to watch as our Public Trust Resources are slowly degraded to satisfy the interests of the development community. It is an established fact that as the amount of impervious surfaces increase in a watershed, water quality in receiving waters declines. This project is located directly adjacent to Sweetwater Branch, a tributary to Pages Creek, and, according to the sketch plan provided at the public information meeting, most of the property will be covered in asphalt/concrete parking needed to accommodate the 304 DU and corresponding automobiles. This rezoning request, if approved, will only exacerbate the steady decline of Pages Creek. Although the watershed plan that was referenced earlier is in a draft stage, I strongly encourage the Planning Board to determine if this proposal is consistent with the goals outlined in that plan and to thoughtfully consider the impacts this project will have on Pages Creek and its receiving waters. 3. Schools. According to a recent article in the Port City Daily, (September 24, 2023) students are most concentrated in Porters Neck, Ogden, and the southern end of the county which are in areas experiencing rapid growth. According to this article, at the agenda review meeting, Superintendent Charles Foust pointed out Porters Neck Elementary is only three years old and already in need of mobile units. Laney has 2,214 students currently Board of Commissioners - February 3, 2025 ITEM: 8 - 17 - 13 housed in a facility built for 1,887. In addition, the Facility Utilization Study commissioned from Cropper/McKibben noted that its recommendations, including disruptive redistricting, will only alleviate current overcrowding and are not aimed at accommodating potential future increases. (Port City Daily — September 24, 2023). This rezoning proposal has the potential to only exacerbate overcrowding in the local schools and the developer has no responsibility to address these impacts; that ultimately falls to the citizens of the county in the form of bonds or taxes. 4. Housing shortage/compatibility with surrounding land use. At the open house/public information meeting the developer's representatives indicated that there is a housing shortage in New Hanover County; this statement should be qualified to indicate that there is a lack of affordable housing. If this is correct and the proposed townhomes will be high end, as indicated by the developer's representatives, this proposal will do nothing to alleviate that problem. I encourage the Planning Board to not consider a housing shortage as a reason to approve the rezoning request. Finally, this proposal is completely inconsistent with the surrounding land use, which consists entirely of residential areas which are comprised entirely of single- family homes. In closing, there is absolutely no merit to the subject rezoning request. If approved it will bring more traffic, more adverse impacts to Pages Creek, adversely impact already overcrowded schools, and is completely incompatible with the surrounding land use. I understand that growth is inevitable, and I appreciate the difficult tasks the Planning Board faces in a rapidly growing community. However, that growth must take into account current and future projects and consider the impacts its decisions have on the overall public interest, including impacts to natural resources that draw people to the area in the first place. The current R-15 zoning would allow the property to be developed in a manner that would satisfy the developers need for a return on his investment while minimizing impacts to the citizens that reside in the area. Board of Commissioners - February 3, 2025 ITEM: 8 - 17 - 14