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Agenda 2019 10-21NEW HANOVER COUNTY BOARD OF COMMISSIONERS AGENDA Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301, Wilmington, NC 28401 Jonathan Barfield, Jr., Chairman I Julia Olson - Boseman, Vice - Chairwoman Patricia Kusek, Commissioner I Woody White, Commissioner I Rob Zapple, Commissioner Chris Coudriet, County Manager I Wanda Copley, County Attorney I Kym Crowell, Clerk to the Board OCTOBER 21, 2019 4:00 PM PLEASE NOTE: The meeting will take place in the government center training rooms, 230 Government Center Drive, Suite 135 MEETING CALLED TO ORDER (Chairman Jonathan Barfield, Jr.) I NVOCATI ON (Reverend Joshua Reilly, Long Leaf Baptist Church) PLEDGE OF ALLEGIANCE (Commissioner White) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Adoption of 2020 Schedule of Agenda Review and Regular Board of Commissioners Meetings 3. First Reading: Approval of Solid Waste Franchise for ClearAway Waste Solutions LLC 4. Approval of a Donation for Accession into the Museum's Permanent Collection 5. Adoption of a Resolution Appointing Map Review Officers 6. Adoption of a Resolution Authorizing the Repair, Restoration and Rebinding of Register of Deeds Records 7. Approval of Aging Disaster Relief Fund Donations to Assist Older Adults Affected by Hurricane Florence 8. Approval of August 2019 Tax Collection Reports 9. Adoption of Budget Amendments ESTIMATED MINUTES REGULAR AGENDA ITEMS OF BUSINESS 5 10. Consideration of Domestic Violence Awareness Month Proclamation 5 11. Presentation of Certificate of Achievement for Excellence in Financial Reporting 15 12. Presentation of Service Awards and I ntroduction of New Employees 15 13. Alternative Funding Sources for Cape Fear Moving Forward 2045 20 14. Presentation: New Hanover County Water Quality Monitoring Program - 2018- 2019 Final Report Board of Commissioners - October 21, 2019 10 15. Consideration of a Budget Amendment and Award of Bid for the Construction of Landfill Cells 9 & 10A 10 16. Consideration of a Budget Amendment to Accept a $2 Million NC Disaster Recovery Act (DRA) Grant Award, a Resolution Establishing Formal DRA Policy Guidelines, and a DRA- Specific Procurement /Contract Award Policy 5 17. Public Hearing and Adoption of Budget Amendment to Make Payment to National Gypsum for Economic Incentive 40 18. Quasi - Judicial Hearing Special Use Permit Request (S19 -02) — Request by Tribute Companies on Behalf of the Property Owner, Coswald, LLC, for a Special Use Permit to Develop Residential Uses Within a Commercial District on Approximately 15.6 Acres of Land Located in the 200 Block of Lendire Road, Near the 7200 Block of Market Street 40 19. Public Hearing Rezoning Request (Z19 -09) — Request by Southeastern Site Acquisitions, LLC, on Behalf of the Property Owner, Edwin 1. Jr. and Nancy R. Ennis, to Rezone Approximately 12.3 Acres of Land Located in the 2500 Block of Castle Hayne Road, from R -15, Residential District, and B -2, Highway Business District, to UMXZ, Urban Mixed Use Zoning District, in Order to Construct a Mixed -Use Development 5 20. Committee Appointments PUBLIC COMMENTS ON NON - AGENDA ITEMS (limit three minutes) ESTIMATED MINUTES ADDITIONAL AGENDA ITEMS OF BUSINESS 21. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 22. ADJOURN Note: Minutes listed for each item are estimated, and if a preceding item takes less time, the Board will move forward until the agenda is completed. Mission New Hanover County is committed to progressive public policy, superior service, courteous contact, judicious exercise of authority, and sound fiscal management to meet the needs and concerns of our citizens today and tomorrow. Vision A vibrant prosperous, diverse coastal community, committed to building a sustainable future for generations to come. Board of Commissioners - October 21, 2019 Core Values Integrity - Accountability - Professionalism - Innovation - Stewardship Board of Commissioners - October 21, 2019 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 21, 2019 CONSENT DEPARTMENT: Governing Body PRESENTER(S): Kym Crowell, Clerk to the Board CONTACT(S): Kym Crowell SUBJECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the following meeting: Regular Meeting held on September 16, 2019 STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - October 21, 2019 ITEM: 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 21, 2019 CONSENT DEPARTMENT: Governing Body PRESENTER(S): Kym Crowell, Clerk to the Board CONTACT(S): Kym Crowell SUBJECT: Adoption of 2020 Schedule of Agenda Review and Regular Board of Commissioners Meetings BRIEF SUMMARY: The attached draft schedule of the 2020 Agenda Review and Regular Board of Commissioners Meetings is submitted for adoption. Please note the following: • Tuesday, January 21st: Regular meeting to be held on Tuesday to accommodate the Martin Luther King, Jr. holiday. • March Meetings:Agenda Reviews have been set for March 5th and 19th and Regular Meetings have been set for March 9th and 23rd to accommodate NACo Legislative Conference and Election Primary Day. • July Meetings:This month has been set for one Agenda Review and one Regular Meeting to accommodate July 4th holiday and NACo Annual Conference. • August Meetings:Agenda Reviews have been set for August eh and 20th and Regular Meetings have been set for August 10th and 20th to accommodate the NCACC Annual Conference. • Tuesday, September 8th: Regular meeting to be held on Tuesday to accommodate Labor Day holiday on Monday. • November Meetings:This month has been set for one Agenda Review and one Regular Meeting to accommodate Election Day, Veteran's Day, and Thanksgiving. • December Meetings: This month has been set for one Agenda Review and one Regular Meeting to accommodate board's rules of procedures that the organizational meeting of the board takes place on the first Monday in December following a general election in which county officers are elected and the Christmas holiday. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the 2020 Calendar of Agenda Review and Regular Board of Commissioners Meetings. Board of Commissioners - October 21, 2019 ITEM: 2 ATTACHMENTS: 2020 Schedule of Agenda Review and Regular Board of Commissioners Meetings COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - October 21, 2019 ITEM: 2 DRAFT NEW HANOVER COUNTY BOARD OF COMMISSIONERS 2020 Agenda Review and Regular Meeting Schedules Agenda Review Meeting Dates Agenda Review Meeting Times Regular Meeting Dates Regular Meeting Times Location: NHC Government Center Conference Room 601 Location: NHC Courthouse, 24 North 3rd Street, Room 301 Thursday, January 2 4:00 p.m. Monday, January 6 4:00 p.m. Thursday, January 16 4:00 p.m. Tuesday, January 21 9:00 a.m. Thursday, January 30 4:00 p.m. Monday, February 3 4:00 p.m. Thursday, February 13 4:00 p.m. Monday, February 17 9:00 a.m. Thursday, March 5 4:00 p.m. Monday, March 9 4:00 p.m. Thursday, March 19 4:00 p.m. Monday, March 23 9:00 a.m. Thursday, April 2 4:00 p.m. Monday, April 6 4:00 p.m. Thursday, April 16 4:00 p.m. Monday, April 20 9:00 a.m. Thursday, April 30 4:00 p.m. Monday, May 4 4:00 p.m. Thursday, May 14 4:00 p.m. Monday, May 18 9:00 a.m. Thursday, May 28 4:00 p.m. Monday, June 1 4:00 p.m. Thursday, June 11 4:00 p.m. Monday, June 15 9:00 a.m. Thursday, July 9 4:00 p.m. Monday, July 13 4:00 p.m. Thursday, August 6 4:00 p.m. Monday, August 10 4:00 p.m. Thursday, August 20 4:00 p.m. Monday, August 24 9:00 a.m. Thursday, September 3 4:00 p.m. Tuesday, September 8 4:00 p.m. Thursday, September 17 4:00 p.m. Monday, September 21 9:00 a.m. Thursday, October 1 4:00 p.m. Monday, October 5 4:00 p.m. Thursday, October 15 4:00 p.m. Monday, October 19 9:00 a.m. Thursday, November 12 4:00 p.m. Monday, November 16 4:00 p.m. Thursday, December 3 4:00 p.m. Monday, December 7 4:00 p.m. Conference Dates: NACo Legislative Conference, Washington, D.C. NCACC County Assembly Day, Raleigh, NC NACo Annual Conference, Orange County, FL NCACC Annual Conference, Cabarrus County, NC February 29 - March 4, 2020 May 2020 (TBD) July 17 -20, 2020 August 13 - 15, 2020 Board of Commissioners - October 21, 2019 ITEM: 2 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 21, 2019 CONSENT DEPARTMENT: County Attorney PRESENTER(S): Kemp Burpeau, Deputy County Attorney CONTACT(S): Kemp Burpeau and Joe Suleyman, Environmental Management Director SUBJECT: First Reading: Approval of Solid Waste Franchise for ClearAway Waste Solutions LLC BRIEF SUMMARY: New Hanover County requires a County issued franchise to collect solid waste. Pursuant to Section 44.55, the applicant has provided information about his business organization, equipment, personnel and fiscal responsibility. The Environmental Management Director and the Chief Financial Officer have no objections to the franchise request. The initial franchise period would run for seven years. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend approval. ATTACHMENTS: Franchise Document COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - October 21, 2019 ITEM: 3 August 21, 2019 New Hanover Co. Legal Dept. Attn: Mr. Kemp Burpeau 230 Government Center Drive, Ste. 125 Wilmington, NC 28403 Dear Mr. Burpeau: Application for Franchise for Solid Waste Collection ClearAway Waste Solutions a] E C E � V E AUG 2 5 2019 NHC LEGAL Please accept this as our formal application for a franchise required for solid waste collection, as outlined in Sec. 44 -55 of the New Hanover County ordinances. The information requested in Sec. 44 -55 c1 -5 is listed below. 1. ClearAway Waste Solutions Corporate /mailing address: 7517 Precision Dr., Ste. 101 Raleigh, NC 27617 Local address: 3944 River Road Wilmington, NC 28412 Tax classification: Limited Liability Corporation (enclosed Federal w9) 2. One (1) 2020 Mack Granite Rolloff truck, NC license plate NK4668 Twenty -one (21) Rudco Rolloff TubStyle containers 3. One (1) full -time driver in NHC - yet to be hired 4. ClearAway Waste Solutions currently operates in the Charlotte, Raleigh, Winston -Salem and Greensboro areas of North Carolina. 5. Please see enclosed balance statement. I have attempted to provide all requested information, but should anything additionally be required, please contact Carrie Hambleton at 704.997.6525 or carriehL5)clearawaytoday.com for further assistance. Regards, AC7 Thomas F. Hanlon, VP of Operations cbh Enclosures (2) 7517 Precision Drive, Ste. 101 Raleigh, NC 27617 - 888.668.7596 Board of Commissioners - October 21, 2019 ITEM: 3 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 21, 2019 CONSENT DEPARTMENT: Museum PRESENTER(S): Heather Yenco, Curator CONTACT(S): Heather Yenco SUBJECT: Approval of a Donation for Accession into the Museum's Permanent Collection BRIEF SUMMARY: The museum collects objects pertaining to the history, science, and cultures of the Lower Cape Fear region. Submitted for approval is a donation to be added to the museum's permanent collection. Donations are carefully documented. The curator reviews each item's provenance, condition, relevance to the collection, potential for exhibition, and room required for storage. A report on each object is reviewed carefully by the director and Collections Committee. The objects presented have passed this scrutiny and were approved by the Museum Advisory Board at the meeting on September 18, 2019. New Hanover High School and James Walker Memorial School of Nursing yearbooks, 1946 -1966 Each item offered has a special story to preserve and they help to document 300 years of the region's history. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Enhance and add recreational, cultural and enrichment amenities RECOMMENDED MOTION AND REQUESTED ACTIONS: Accept a donation of regional artifacts into the Cape Fear Museum's Permanent Collection. ATTACHMENTS: Acquisitions Chart COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Board of Commissioners - October 21, 2019 ITEM: 4 Approved 5 -0. Board of Commissioners - October 21, 2019 ITEM: 4 NHC Commissioners Acquisition Proposals October 21, 2019 Board Meeting OBJ. DATE OBJECTS PROVENANCE / MISSION 1946 -1966 - yearbooks and -These yearbooks and watercolor painting belonged to a woman who attended New Hanover High School and watercolor painting James Walker Memorial Hospital School of Nursing. 9 - 4 `i /Qoo 1 Board of Commissioners - October 21, 2019 ITEM: 4 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 21, 2019 CONSENT DEPARTMENT: Planning PRESENTER(S): Brad Schuler, Senior Planner CONTACT(S): Brad Schuler; Wayne Clark, Planning & Land Use Director SUBJECT: Adoption of a Resolution Appointing Map Review Officers BRIEF SUMMARY: NC General Statute 47 -30.2 authorizes the county to appoint Map Review Officers to examine and approve plats and maps prior to recordation at the Register of Deeds. A resolution designating a Review Officer must be recorded in the county registry and indexed on the grantor index in the name of the Review Officer. Due to changes in staff in the county and municipalities, the following changes are being requested: • For the Unincorporated areas of New Hanover County and the Towns of Carolina Beach, Kure Beach, and Wrightsville Beach: • Ken Vafier, Planning Manager • Brad Schuler, Senior Planner • Ron Meredith, Current Planner • Gideon Smith, Current Planner • Linda E. Painter, Zoning Compliance Official • Dylan McDonnell, Long Range Planner • Ed Parvin, Assistant Town Manager (Town of Carolina Beach only) • Jeremy Hardison, Planning & Development Director (Town of Carolina Beach only) • Miles Murphy, Town Planner (Town of Carolina Beach only) • Gigi Baggarley, GIS Administrator (Town of Carolina Beach only) • John Batson, Inspector (Town of Kure Beach only) • Tony Wilson, Director of Planning and Parks (Town of Wrightsville Beach only) • For the City of Wilmington: • David E. Cowell, PE, City Engineer • Richard Christensen, PE, Project Engineer • Rob Gordon, PE, City Plan Review Engineer • Peter J. Brennon, Jr., PLS, Surveyor • Ed Ashworth, Surveyor • Ronald H. Satterfield, Jr., Assistant Planning Director • Brian Chambers, Senior Planner • Nicole Smith, Associate Planner • Craig Harris, Associate Planner • Jeff Walton, Associate Planner Board of Commissioners - October 21, 2019 ITEM: 5 • Patrick O'Mahony, Associate Planner • Kathryn Thurston, Zoning Administrator STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt resolution appointing Map Review Officers. ATTACHMENTS: 2019 Map Review Officer Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - October 21, 2019 ITEM: 5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION DESIGNATING STAFF AS MAP REVIEW OFFICERS WHEREAS, General Statute 47 -30.2 requires that every County appoint one or more Map Review Officers to examine and approve plats and maps prior to recordation at the Registry of Deeds; and WHEREAS, a Review Officer must examine and approve plats and maps to ascertain mapping accuracy and consistency; and WHEREAS, the City of Wilmington, Town of Carolina Beach, Town of Kure Beach, Town of Wrightsville Beach and New Hanover County have requested that the staff listed below be designated Map Review Officers. NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that the following staff be designated as Map Review Officers: For the Unincorporated areas of New Hanover County and the Towns of Carolina Beach, Kure Beach, and Wrightsville Beach: • Ken Vafier, Planning Manager • Brad Schuler, Senior Planner • Ron Meredith, Current Planner • Gideon Smith, Current Planner • Linda E. Painter, Zoning Compliance Official • Dylan McDonnell, Long Range Planner • Ed Parvin, Assistant Town Manager (Town of Carolina Beach only) • Jeremy Hardison, Planning & Development Director (Town of Carolina Beach only) • Miles Murphy, Town Planner (Town of Carolina Beach only) • Gigi Baggarley, GIS Administrator (Town of Carolina Beach only) • John Batson, Inspector (Town of Kure Beach only) • Tony Wilson, Director of Planning and Parks (Town of Wrightsville Beach only) For the City of Wilmington: • David E. Cowell, PE, City Engineer • Richard Christensen, PE, Project Engineer • Rob Gordon, PE, City Plan Review Engineer • Peter J. Brennon, Jr., PLS, Surveyor • Ed Ashworth, Surveyor • Ronald H. Satterfield, Jr., Assistant Planning Director • Brian Chambers, Senior Planner • Nicole Smith, Associate Planner • Craig Harris, Associate Planner • Jeff Walton, Associate Planner • Patrick O'Mahony, Associate Planner • Kathryn Thurston, Zoning Administrator ADOPTED this the 21" day of October, 2019. NEW HANOVER COUNTY Jonathan Barfield, Jr., Chairman ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - October 21, 2019 ITEM: 5 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 21, 2019 CONSENT DEPARTMENT: Register of Deeds PRESENTER(S): Tammy T. Beasley, Register of Deeds CONTACT(S): Tammy T. Beasley SUBJECT: Adoption of a Resolution Authorizing the Repair, Restoration and Rebinding of Register of Deeds Records BRIEF SUMMARY: Register of Deeds Tammy T. Beasley requests adoption of a resolution for the removal of record books from the registry for repair, restoration and rebinding. STRATEGIC PLAN ALIGNMENT: Effective County Management • Increase efficiency and quality of key business processes RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resolution. ATTACHMENTS: Register of Deeds Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - October 21, 2019 ITEM: 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION AUTHORIZING THE REPAIR, RESTORATION AND ENCAPSULATION OF REGISTER OF DEEDS RECORDS WHEREAS, North Carolina General Statute 132 -7 provides that Board of County Commissioners of any county may authorize that any county records in need of repair, restoration, or rebinding be removed from the building or office in which such records are ordinarily kept, for the length of time required to repair, restore, or rebind them; and WHEREAS, New Hanover County Death books 47, 66, 67, 68, 74, 75, 76, 77, 78, 79, 80, 81, 82 part 1, 82 part 2, 83, 84, 85, 86; Delayed Birth books 42, 45, 51, 68, 76, 104, 153, 195; Birth books 66, 67, 83, 84, 85, 86, 87, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 105, 106, 107, 108, 109, 110, 111, 120, 121, 122, 123, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149 and 150 are in desperate and dire need of repair, restoration and encapsulation due to years of constant handling and use; and WHEREAS, it is the County's obligation to maintain and preserve the historical documents contained in the New Hanover County Registry to ensure for future generations that the people will have access to historical documents in their original condition; and WHEREAS, New Hanover County has entered into a contract with Kofile Preservation to deacidify, mend, and encapsulate the records identified above. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners does hereby authorize and sanction Tammy T. Beasley, New Hanover County Register of Deeds, to remove the records identified from the New Hanover County Registry for the purposes of repair, restoration, and encapsulation by Kofile Preservation. ADOPTED this the 211t day of October, 2019. NEW HANOVER COUNTY Johnathan Barfield, Jr., Chairman ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - October 21, 2019 ITEM: 6 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 21, 2019 CONSENT DEPARTMENT: Senior Resource Center PRESENTER(S): Amber Smith, Senior Resource Center Director CONTACT(S): Amber Smith SUBJECT: Approval of Aging Disaster Relief Fund Donations to Assist Older Adults Affected by Hurricane Florence BRIEF SUMMARY: In an effort to address unmet needs and long -term recovery of North Carolina's older adults and local aging agencies affected by Hurricane Florence, the North Carolina Association on Aging (NCAOA), North Carolina Association of Area Agencies on Aging (NC4A), AARP North Carolina, and North Carolina Coalition on Aging (NCCOA) partnered to establish the Disaster Recovery Fund for Seniors in restoring hope and resilience to older adults and agencies who provide services to older adults. The Cape Fear Council of Governments Area Agency on Aging received the Cape Fear region donation and distributed New Hanover County's allocation to the Senior Resource Center in the amount of $915.00. The Senior Resource Center is identified as the lead aging provider in New Hanover County who provides direct care for older adults and will be responsible for identifying, assessing prospective clients, tracking funding and reporting the outcomes of the donation. Approximately 12 N HC older adults will receive assistance from this donation. The funding does not require a local match. Donation Funding Parameters: 1. Funding allocated to NHC is Hurricane Florence older adult survivors who reside in New Hanover County. 2. Funding can be used only for the purchase of gift cards and any fees, if applicable, to be given directly to the older adult. (Increments of $50 and $100 are suggested.) 3. The recovery fund is designed to help those needs for which no additional resources are available to provide help. Funding is to be used for unmet needs caused by Hurricane Florence, such as personal supplies, food, essential household items, clothing, medication, or other necessities. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Provide health and wellness education, programs, and services RECOMMENDED MOTION AND REQUESTED ACTIONS: Board of Commissioners - October 21, 2019 ITEM: 7 Approve Aging Disaster Relief Fund donations. ATTACHMENTS: NC Disaster Recovery Fund for Older Adults COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - October 21, 2019 ITEM: 7 NC Disaster Recovery Fund for Older Adults and Agencies Searing Older Adults In an effort to address unmet needs and long -term recovery of North Carolina's older adults and local aging agencies affected by Hurricanes Florence and Michael, the North Carolina Association on Aging ( NCAOA), North Carolina Association of Area Agencies on Aging (NC4A), AARP North Carolina, and North Carolina Coalition on Aging ( NCCOA) have partnered to establish the Disaster Recovery Fund for Seniors in restoring hope and resilience to older adults and agencies who provide services to older adults. This application will be vetted and reviewed through the AAA (Area Agency on Aging) for approval and will be sent to the NCAOA treasurer to disburse funds to the approved agency. Who Can Be Served with the Funds: The target audience for the Funds are North Carolina residents 55 and over who resides in a county for which a disaster declaration has been received from FEMA as well as local aging agencies in those counties who have been adversely impacted by the storms. This recovery fund is designed to help those needs for which no additional resources are available to provide help. What Can Assistance Funds Cover: Funds can be used to help cover costs for which no additional resources are available to provide help and assistance. Individuals funds may be used to assist with food, personal hygiene items, clothing, transportation, home repairs, health care costs including prescription and over the counter drugs, and additional critical needs not covered by other sources. Aging agencies may need funds to assist with such costs as services and assistance to local older residents for which no other funds are available, minor repairs to facilities or equipment not covered by other resources, and additional critical needs resulting from the storms not covered by other sources. How Do Older Adults in Need of Assistance Receive Hell): Older adults in need of assistance should contact their local aging service provider to discuss their needs and to make an application. Local service providers will work with the Area Agency on Aging with the NC Disaster Recovery Fund application for specified needs. Board of Commissioners - October 21, 2019 ITEM: 7 - 1 - 1 How Do Local Agi tzencies in Need of Assistance Receive Help: Agency leadership will work with the Area Agency on Aging (AAA) in their area to discuss needs and complete an application to be submitted to the AAA. Assistance up to a maximum of $100 is available for approved needs. The AAA will submit the vetted application via email, scan or physical mail to: nina a streamlinedbusiness.co or Attention: NCAOA, Treasurer Box 10341, Raleigh, NC 27605 Memo: "NC Disaster Recovery Fund Application" How is the Assistance Fund Mana cd : The NC Association on Aging (NCAOA) is managing the Fund and 100% of contributions received by the Fund are distributed to Area Agencies on Aging in those parts of the state impacted by the hurricanes to cover unmet needs of eligible seniors and local aging agencies. The NCAOA is a 501 C -3 non -profit non - partisan advocacy and membership organization that is comprised of agencies and professionals serving older adults in North Carolina. To make a donation to the Fund, go to: wnW.T,1 �1. Board of Commissioners - October 21, 2019 ITEM: 7 - 1 - 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 21, 2019 CONSENT DEPARTMENT: Tax PRESENTER(S): Trina Lewis, Collections Supervisor CONTACT(S): Trina Lewis SUBJECT: Approval of August 2019 Tax Collection Reports BRIEF SUMMARY: NCGS 105 -350 requires the Tax Collector to submit a report showing the amount of taxes collected. Overall Collection Percentages for August 2019 area head of collections for August 2018. The report for August 2019 in comparison to August 2018 is as follows: New Hanover County August 2019 August 2018 Real Property 5.25% 3.67% Personal Property 0.07% 1.52% Motor Vehicle 100.00% 100.00% Overall Collection Rate 6.18% 5.03% Total Collected YTD $9,783,863.26 $7,409,441.12 New Hanover County Debt Service August 2019 August 2018 Real Property 5.23% 3.62% Personal Property 0.07% 1.81% Motor Vehicle 100.00% 100.00% Overall Collection Rate 6.17% 4.95% Total Collected YTD $1,285,635.72 $957,648.75 Grand Total Collected YTD $11,069,498.98 $8,367,089.87 New Hanover County Fire District August 2019 August 2018 Real Property 5.47% 3.63% Personal Property 0.11% 1.60% Motor Vehicle 100.00% 100.00% Overall Collection Rate 1 6.62% 1 5.31% Total Collected YTD 1 $640,127.65 1 $466,164.63 Board of Commissioners - October 21, 2019 ITEM: 8 STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the reports. ATTACHMENTS: New Hanover County Monthly Collection Report for August 2019 New Hanover County Debt Service Monthly Collection Report for August 2019 New Hanover County Fire District Monthly Collection Report for August 2019 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - October 21, 2019 ITEM: 8 New Hanover County Monthly Collection Report for August 2019 Current Year 2019 -2020 Scroll /Billed Abatements Adjustments Real Estate Personal Property Motor Vehicles Combined $ 146,529,196.28 $ (7,414.83) $ 597.68 $ 9,356,318.78 $ - $ $ 2,069,763.47 $ $ $ 157,955,278.53 (7,414.83) 597.68 Total Taxes Charged Collections to Date *Refunds Write -off $ $ $ $ 146,522,379.13 7,692,018.62 1,341.44 (193.09) $ $ $ $ 9,356,318.78 6,212.50 - (765.51) $ $ 2,069,763.47 2,069,763.47 $ $ $ $ 157,948,461.38 9,767,994.59 1,341.44 (958.60) Outstanding Balance $ 138,831,508.86 $ 9,349,340.77 $ - $ 148,180,849.63 Collection Percentage 5.25 890.53 0.07 $ 100.00 $ 6.18 YTD Interest Collected $ - $ - $ 17,210.11 $ 17,210.11 $ 1,090.86 $ 244,666.67 *Refunds $ 19,579.73 $ 2,536.29 Total 2019 -2020 Collections YTD 9,783,863.26 Prior Years 2009 -2018 Real Estate Personal Property Motor Vehicles Combined Scroll $ 1,461,488.76 $ 4,153,832.71 $ 497,337.43 $ 6,112,658.90 Abatements $ (4,446.85) $ (13,221.99) $ - $ (17,668.84) Adjustments $ - $ 890.53 $ 890.53 Total Levy $ 1,457,041.91 $ 4,141,501.25 $ 497,337.43 $ 6,095,880.59 Collections to Date $ 176,715.75 $ 66,860.06 $ 1,090.86 $ 244,666.67 *Refunds $ 19,579.73 $ 2,536.29 $ 36.30 $ 22,152.32 Write -off $ (1.37) $ (119.13) $ (3.70) $ (124.20) Outstanding Balance $ 1,299,904.52 $ 4,077,058.35 $ 496,279.17 $ 5,873,242.04 YTD Interest Collected $ 20,715.02 $ 8,895.00 $ 394.05 $ 30,004.07 Total Prior Year Collections YTD 252,518.42 Grand Total All Collections YTD $ 10,036,381.68 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chairman Clerk to the Board Date Board of Commissioners - October 21, 2019 ITEM: 8 - 1 - 1 New Hanover County Debt Service Monthly Collection Report for August 2019 Current Year 2019 -2020 Total 2019 -2020 Collections YTD $ 1,285,635.72 Prior Years 2009 -2018 Real Estate Personal Property Motor Vehicles Motor Vehicles Combined Combined Scroll /Billed $ 19,335,872.17 $ 1,227,463.38 $ 273,016.79 $ 20,836,352.34 Abatements $ (978.45) $ $ $ - $ (978.45) Adjustments $ 78.86 $ 117.51 $ - $ 78.86 Total Taxes Charged $ 19,334,972.58 $ 1,227,463.38 $ 273,016.79 $ 20,835,452.75 Collections to Date $ 1,011,848.73 $ 770.20 $ 273,016.79 $ 1,285,635.72 *Refunds $ - $ - $ (16.24) $ $ Write -off $ (25.51) $ (101.47) 196,547.73 $ $ (126.98) Outstanding Balance $ 18,323,098.34 $ 1,226,591.71 $ - $ 19,549,690.05 Collection Percentage 5.23 0.07 100.00 6.17 YTD Interest Collected $ - $ - $ 2,241.31 Total 2019 -2020 Collections YTD $ 1,285,635.72 Prior Years 2009 -2018 Total Prior Year Collections YTD *Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chairman Clerk to the Board Date Board of Commissioners - October 21, 2019 ITEM: 8 - 2 - 1 $ 26,306.09 Real Estate Personal Property Motor Vehicles Combined $ 125,470.73 $ 202,521.88 $ $ 327,992.61 Scroll Abatements $ (331.57) $ (880.11) $ (1,211.68) Adjustments $ 117.51 $ 117.51 Total Levy $ 125,139.16 $ 201,759.28 $ $ 326,898.44 Collections to Date $ 19,251.26 $ 5,379.72 $ $ 24,630.98 *Refunds $ 459.59 $ 184.41 $ $ 644.00 Write -off $ (7.22) $ (16.24) $ $ (23.46) Outstanding Balance $ 106,340.27 $ 196,547.73 $ $ 302,888.00 YTD Interest Collected $ 1,816.86 $ 502.25 $ $ 2,319.11 Total Prior Year Collections YTD *Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chairman Clerk to the Board Date Board of Commissioners - October 21, 2019 ITEM: 8 - 2 - 1 $ 26,306.09 New Hanover County Fire District Monthly Collection Report for August 2019 Current Year 2019 -2020 Scroll /Billed Abatements Adjustments Real Estate Personal Property Motor Vehicles Combined $ 8,766,218.38 $ (504.45) $ 4,902.64 $ 727,794.41 $ - $ - $ 158,819.93 $ $ $ 9,652,832.72 (504.45) 4,902.64 Total Taxes Charged Collections to Date *Refunds Write -off $ $ $ $ 8,770,616.57 479,319.93 - (20.10) $ $ $ $ 727,794.41 715.85 - (72.80) $ $ 158,819.93 158,819.93 $ $ $ $ 9,657,230.91 638,855.71 - (92.90) Outstanding Balance $ 8,291,276.54 $ 727,005.76 $ - $ 9,018,282.30 Collection Percentage 5.47 136.29 0.11 $ 100.00 $ 6.62 YTD Interest Collected $ - $ - $ 1,271.94 $ 1,271.94 $ 51.41 $ 12,205.94 *Refunds $ - $ 103.82 Total 2019 -2020 Collections YTD 640,127.65 Prior Years 2009 -2018 Real Estate Personal Property Motor Vehicles Combined Scroll $ 81,964.20 $ 227,599.09 $ 28,922.46 $ 338,485.75 Abatements $ (621.72) $ (26.62) $ (648.34) Adjustments $ 136.29 $ 136.29 Total Levy $ 81,342.48 $ 227,708.76 $ 28,922.46 $ 337,973.70 Collections to Date $ 7,903.39 $ 4,251.14 $ 51.41 $ 12,205.94 *Refunds $ - $ 103.82 $ 103.82 Write -off $ (4.89) $ (10.62) $ (0.39) $ (15.90) Outstanding Balance $ 73,434.20 $ 223,550.82 $ 28,870.66 $ 325,855.68 YTD Interest Collected $ 879.17 $ 444.18 $ 36.51 $ 1,359.86 Total Prior Year Collections YTD 13,565.80 Grand Total All Collections YTD $ 653,693.45 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chairman Clerk to the Board Date Board of Commissioners - October 21, 2019 ITEM: 8 - 3 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 21, 2019 CONSENT DEPARTMENT: Budget PRESENTER(S): Lisa Wurtzbacher, Chief Financial Officer CONTACT(S): Lisa Wurtzbacher SUBJECT: Adoption of Budget Amendments BRIEF SUMMARY: The following budget amendments amend the annual budget ordinance for the fiscal year ending June 30, 2020: Finance 20 -012, 20 -013 STRATEGIC PLAN ALIGNMENT: Strong Financial Performance • Control costs and manage to the budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the ordinances for the budget amendments listed. ATTACHMENTS: BA 20 -012 BA 20 -013 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - October 21, 2019 ITEM: 9 AGENDA: October 21, 2019 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2020 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2020. Section 1: Details of Budget Amendment Strategic Focus Area: Strong Financial Performance Strategic Objective(s): Control costs and manage to the budget Fund: General Fund Department: Various EXpenditure: Decrease Increase Total BA 20 -012 - Grant Expenditures by Function $ 30,000 11 $ 30,000 Human Services $ - $ 30,000 $ 252,107 $ 252,107 Public Safety $ 85,011 $ 85,011 Total $ - $ 337,118 $ 337,118 Revenue: Decrease Increase Total BA 20 -012 - Grant Revenues by Function $ 30,000 11 $ 30,000 Human Services $ - $ 30,000 $ 252,107 $ 252,107 Public Safety $ 71,688 $ 71,688 BA 20 -012 - Appropriated Fund Balance $ 13,323 $ 13,323 Total $ - 337,118 $ 337, General Fund Budget Appropriated Fund Balance Fund: Fire Services Department: Fire Services Prior to Actions Today F—$ $ 6,566, 015 Total if Actions Taken $ 305,884,756 $ 6,579,338 Expenditure: Decrease increase 11 Total BA 20 -012 - Grant Expenditures $ 30,000 11 $ 30,000 Total $ - $ 30,000 $ 30,000 Revenue: Decrease Increase Total BA 20 -012 - Grant Revenues $ 30,000 $ 30,000 Total $ - $ 30,000 30,000 Prior to Actions Today Fire Services Fund Budget $16,515,028 Board of Commissioners - October 21, 2019 ITEM: 9 - 1 - 1 Total if Actions Taken $16,545,028 Fund: Local Law Enforcement Block Grant Fund Department: Sheriff Expenditure: Decrease Increase 11 Total BA 20 -012 - Grant Expenditures $ 89,784 11 $ 89,784 Total $ - $ 89,784 $ 89,784 Revenue: Decrease Increase Total BA 20 -012 - Grant Revenues $ 89,784 $ 89,784 Total - 8 ,78 89,784 Prior to Actions Total if Actions Todav Taken LLE Block Grant Fund Budget $0 $89,784 Section 2: Explanation BA 20 -012 - New Hanover County receives multiple grants that do not correspond with the fiscal year, meaning the expiration dates are not June 30. For this reason, this budget amendment is being presented for adoption to rollover unexpended grant expenditures from FYI to FY20. Grant revenues will also be increased. The General Fund's Appropriated Fund balance will be increased by $13,323, which represents the county's cash match required by grantors of two grants. The grant rollover for the General Fund is $337,118, the Fire Services fund is $30,000 and the Local Law Enforcement Block Grant fund is $89,784. The total amount of grant rollovers for FY20 is $456,902. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 20 -012 amending the annual budget ordinance for the fiscal year ending June 30, 2020, is adopted. Adopted, this 21st day of October, 2019. (SEAL) Jonathan Barfield, Jr., Chairman ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - October 21, 2019 ITEM: 9 - 1 - 2 AGENDA: October 21, 2019 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2020 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2020. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Understand / act on citizen needs Fund: Health and Human Services Facility Department: Health and Human Services Expenditure: Decrease Increase 11 Total BA 20 -013 - Capital Project Expense $ 20,000 11 $ 20,000 Total $ - $ 20,000 $ 20,000 Revenue: Decrease Increase 11 Total BA 20 -013 - Donation $ 20,000 11 $ 20,000 Total $ - $ 20,000 $ 20,000 Prior to Actions Total if Actions Today Taken Project Fund Budget Is - I Is 20,000 Section 2: Explanation BA 20 -013 - The county has received a private donation to be used solely for the design, purchase and installation of an outdoor playground and fencing at the Health and Human Services Facility. This amendment will budget the revenue and expense in the capital project fund. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 20 -013 amending the annual budget ordinance for the fiscal year ending June 30, 2020, is adopted. Adopted, this 21 st day of October, 2019. (SEAL) Jonathan Barfield, Jr., Chairman ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - October 21, 2019 ITEM: 9 - 2 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 21, 2019 REGULAR DEPARTMENT: County Manager PRESENTER(S): Andrea Stough, Advocate /Outreach Coordinator, Domestic Violence Shelter & Services, Inc. CONTACT(S): Chris Coudriet, County Manager SUBJECT: Consideration of Domestic Violence Awareness Month Proclamation BRIEF SUMMARY: Andrea Stough is the Advocate /Outreach Coordinator for Domestic Violence Shelter & Services. She requests that the Board adopt a proclamation to recognize October 2019 as Domestic Violence Awareness Month in New Hanover County. New Hanover County partners with Domestic Violence Shelter & Services by providing $53,840 in outside agency funding. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: Domestic Violence Awareness Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - October 21, 2019 ITEM: 10 NEW HANOVER COUNTY BOARD OF COMMISSIONERS DOMESTIC VIOLENCE AWARENESS MONTH PROCLAMATION WHEREAS, domestic violence transcends all ethnic, racial, gender, and socioeconomic boundaries, weakening the very core of our community; and WHEREAS, the effects of domestic violence are far - reaching and may have lifetime implications for families, the criminal justice system and our community; and WHEREAS, Domestic Violence Shelter and Services, Inc. provides emergency crisis intervention and ongoing support and services in New Hanover County for victims and survivors of domestic abuse; and WHEREAS, 1,206 adults and 204 children received direct services such as court accompaniment, advocacy, empowerment groups, and counseling. This includes 158 adults and 112 children who received emergency shelter through Domestic Violence Shelter and Services, Inc. in the year 2018; and WHEREAS, on September 4, 2002, Gladys Bryant, an employee of New Hanover County for more than two decades, and on August 6, 2008, Tarica Pulliam, an employee of New Hanover County for two years, lost their lives in acts of domestic violence exhibiting to all their coworkers and friends, the prevalence of domestic violence and its consequences; and WHEREAS, many other persons throughout New Hanover County and the United States find themselves in abusive relationships and need to find a safe and empowering environment; and WHEREAS, this year's theme Shine Your Light serves as a call to action for citizens of New Hanover County to encourage, support and empower one another to live lives free from violence. NOW, THEREFORE, BE IT PROCLAIMED, that the New Hanover County Board of Commissioners refuses to tolerate domestic violence in any form and wishes to create a society that promotes strong values, fosters a safe and loving home environment for every family, and encourages our citizens to enhance their efforts to work together to address the problem of domestic violence. BE IT FURTHER PROCLAIMED by the New Hanover County Board of Commissioners that October 2019 be recognized as "Domestic Violence Awareness Month" in New Hanover County. ADOPTED this the 211t day of October, 2019. NEW HANOVER COUNTY Jonathan Barfield, Jr., Chairman ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - October 21, 2019 ITEM: 10-1 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 21, 2019 REGULAR DEPARTMENT: Finance PRESENTER(S): Chris Coudriet, County Manager CONTACT(S): Lisa Wurtzbacher, Chief Financial Officer and Martha Wayne, Deputy Chief Financial Officer SUBJECT: Presentation of Certificate of Achievement for Excellence in Financial Reporting BRIEF SUMMARY: New Hanover County was presented the Certificate of Achievement for Excellence in Financial Reporting by the Government Finance Officers Association (GFOA) for the fiscal year 2018 Comprehensive Annual Financial Report. This is the thirty- eighth consecutive year that the county has achieved this prestigious award. The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. This report must include all funds and component units in accordance with generally accepted accounting principles as established by the Governmental Accounting Standards Board (GASB) and must include the report of an independent auditor on the fair presentation of the financial statements. The report is thoroughly reviewed and judged by an impartial panel to meet the high standard of the program. STRATEGIC PLAN ALIGNMENT: Effective County Management • Recognize and reward contribution RECOMMENDED MOTION AND REQUESTED ACTIONS: Present the Certificate of Achievement for Excellence in Financial Reporting to the New Hanover County Finance Department. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Present certificate of achievement. COMMISSIONERS' ACTIONS: Presented certificate of achievement. Board of Commissioners - October 21, 2019 ITEM: 11 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 21, 2019 REGULAR DEPARTMENT: Human Resources PRESENTER(S): Commissioners and Chris Coudriet, County Manager CONTACT(S): Bo Dean, Human Resources Analyst SUBJECT: Presentation of Service Awards and Introduction of New Employees BRIEF SUMMARY: Service awards will be presented to retirees and employees. New employees will be introduced. This is recognition for the months of September and October 2019. STRATEGIC PLAN ALIGNMENT: Effective County Management • Hire, develop and retain talented people • Recognize and reward contribution RECOMMENDED MOTION AND REQUESTED ACTIONS: Present service awards and meet new employees. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Present service awards and meet new employees. COMMISSIONERS' ACTIONS: Presented service awards and met new employees. Board of Commissioners - October 21, 2019 ITEM: 12 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 21, 2019 REGULAR DEPARTMENT: Planning PRESENTER(S): Mike Kozlosky, WMPO Executive Director and Abby Lorenzo, WMPO Sr. Transportation Planner CONTACT(S): Mike Kozlosky and Wayne Clark SUBJECT: Alternative Funding Sources for Cape Fear Moving Forward 2045 BRIEF SUMMARY: Discussion Item: Wilmington MPO staff will discuss alternative funding options for the Cape Fear Moving Forward 2045 plan. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Build and maintain infrastructure RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear presentation. ATTACHMENTS: WMPO Alternative Funding Presentation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Hear presentation. COMMISSIONERS' ACTIONS: Heard presentation. Board of Commissioners - October 21, 2019 ITEM: 13 :l•I: ear IVIUI nKc Aitt: Annne Board of Commissioners - October 21, 2019 ITEM: 13- 1 - 1 • MP 1 ■ Ah 'W M P O Plan nng Org niza Area Metropolitan Planning Organization www.4vmpo.org n 1 155 11 Ab— l PORT OF WILMINGTON ZIL Y � ' C _ 1 �� t � WF • Wilmington • Carolina Beach • Wrightsville Beach • Kure Beach Imington • New Hanover County • Leland 'ban Area • Belville moo • Navassa • Brunswick County • Pender County • Cape Fear Public Transportation Authority • NCDOT Board of Transportation Board of Commissioners - October 21, 2019 ITEM: 13- 1 - 2 �1k!isir. f - kx .� 1% 3 rang j ti- -%dY4 salvo .. •G1 � ^'Rg I aLsu I Eft Janes - I8aL1Y�h'xY %land caswel pp Be= 56, 19ai i Pander Co ,t FWr ,. - uA.4 y�J Sir fd /P �r ,{ ;I -ar, b Garcrlrg 6@affiI ti� a KUM E-I Legend �Recommended Boundary Country Boundary Slate Roads Municipalities Miles 0 2 4 8 12 PO Planning Qrg Urban za Area Metropolitan W M Planning Organization www:wmpo.org 010 Long Federally required to adopt and maintain long range transportation plan for region known as Metropolitan - Transportation Plan (MTP) • Updated and adopted every 5 years Enning • Minimum planning horizon of zo years _ _ • Must be fiscally constrained • Projects must be in adopted MTP to be eligible for federal funds Board of Commissioners - October 21, 2019 ITEM: 13- 1 - 3 'W M P O Plan nng T91 Urban niza Area Metropolitan Planning Organization www.4vmpo.org • • • Research, collect, and • process historical data from past io years • Project historical funding trends out to 2045 Board of Commissioners - October 21, 2019 ITEM: 13- 1 - 4 Mode Forecast Capital Funding Highway $3.2 billion Bicycle and $127 million Pedestrian Mass Transit $70 million Ferry $42 million Aviation $206 million Rail $32 million Total $3.6 billion 'W M P O Plan nng Org niza Area Metropolitan Planning Organization www.4vmpo.org -: aw Specify the details of each project by mode Board of Commissioners - October 21, 2019 ITEM: 13- 1 - 5 4 Research, Collect, and Process Project Data n u Prepare cost estimates by mode using the appropriate tools PO Plan , Planning O Urban Area Metropolitan WM Planning Organization www.wmpo.org aentirying he Funding pan Financial Project Forecast Costs Board of Commissioners - October 21, 2019 ITEM: 13- 1 - 6 'W M P O Plan nng Org niza Area Metropolitan Planning Organization www.4vmpo.org i YpeS d na =xa m P l e s c ft 1fnrrn'�i�in allots • j lyp p6ii OF... -1-1 WILMINGTON I • Taxes • Quarter Cent Local Sales Tax • Vehicle Registration Fees • Vehicle Rental Tax • Tolling • Grant and Loan Programs • Consolidated Rail Infrastructure and Safety Improvement Grant (CRISI) • Capital Investment Grant • Financing • Transportation Bonds • Grant Anticipation Revenue Vehicles (GARVEE) • Better Utilizing Investments to Leverage Development (BUILD) Transportationn Discretionary Grant Program Board of Commissioners - October 21, 2019 ITEM: 13- 1 - 7 'W M P O Plan nng T91 Urban niza Area Metropolitan Planning Organization www.4vmpo.org f= d I 'iw PORT OF WIFLMINGTON • Quarter -Cent Local Option Sales Tax • Quarter -Cent Local Option Sales Tax forTransit • - • Vehicle Registration Fee ,5k,ecommended • Motor Vehicle License Tax • Forecasting • Motor Vehicle License Tax for Transit nnd Further •Vehicle Rental Tax • Bicycle Registration Fee 6.onsideration •Municipal Transportation Bonds • Tolling Board of Commissioners - October 21, 2019 ITEM: 13- 1 - 8 'W M P O Plan nng T91 Urban niza Area Metropolitan Planning Organization www.4vmpo.org J • • • f= t�- � � MI, PORT ac wi�x.i M- H c lux • Utilized for any service offered by County • Transit only sales tax applicable to construction, operation, and maintenance of TRANSIT only Board of Commissioners - October 21, 2019 ITEM: 13- 1 - 9 k Pender 59 49 59 49 'W M P O Plan nng Org niza Area Metropolitan Planning Organization www.4vmpo.org Reaistratic • G.S 3.05 -57o enables up to $7 • Financing for construction, operation, and maintenance of TRANSIT only Board of Commissioners - October 21, 2019 ITEM: 13- 1 - 10 'W M P O Plan nng Org niza Area Metropolitan Planning Organization www.4vmpo.org •1 K• fills • I WE I I • ' PORT Or WILMINGTON • N.CG.S20-97 allows annual tax up to $30 • $5 for financing, construction, operating, and maintaining transit • Up to $2o for public streets ($5 assumed for forecast) Board of Commissioners - October 21, 2019 ITEM: 13- 1 - 11 'W M P O Plan nng Org niza Area Metropolitan Planning Organization www.4vmpo.org • N.0 G.S 153A -156 enables county tax on passenger vehicle rentals • For the financing, construction, operating, and maintaining transit Board of Commissioners - October 21, 2019 ITEM: 13- 1 - 12 15wick Pender O O PO Plan , Planning O Urban Area Metropolitan w M Planning Organization www.wmpo.org ;1:79 E • The number of existing bicycles and bicycle sales per year estimated forWMPO region and a sio annual fee assumed. Board of Commissioners - October 21, 2019 ITEM: 13- 1 - 13 n5wick Pender 1 1 'W M P O Plan nng Org niza Area Metropolitan Planning Organization www.4vmpo.org • N.0 G.S 159-43 authorizes transportation bonds with voter Municipal approval rransportation • Example: City of Wilmington 2o14Transportation Bond $44 million in bonds totaling $55 million in projects 0 • , ' $35 million in roadway projects • $20 million in bicycle and pedestrian projects Board of Commissioners - October 21, 2019 ITEM: 13- 1 - 14 'W M P O Plan nng T91 Urban niza Area Metropolitan Planning Organization www.4vmpo.org • • N.0 G.5136 -89 created NC Turnpike Authority • Project specific, only allowed on new route, bridges, and managed lane facilities • Example: Cape Fear Crossing estimated toll revenue for 2044 MTP was s88 million Board of Commissioners - October 21, 2019 ITEM: 13- 1 - 15 PO Plan , Planning O Urban Area Metropolitan WM Planning Organization www.wmpo.org 9 • WMPO Board to determine which alternative funding sources to be supported and applied in 2045 MTP • Based on project rank and cost, WMPO Board to endorse additional fiscally constrained projects Board of Commissioners - October 21, 2019 ITEM: 13- 1 - 16 PO Plan , Planning O Urban Area Metropolitan WM Planning Organization www.wmpo.org tiol � PORT OF WIFLMINGTON Vill AtW • Quarter -Cent Local Option Sales Tax • Quarter -Cent Local Option Sales Tax forTransit • Vehicle Registration Fee ,"I'dtlernative • Motor Vehicle License Tax Funding • Motor Vehicle License Tax forTransit #Pptions• Vehicle Rental Tax • Bicycle Registration Fee • Municipal Transportation Bonds • Tolling Board of Commissioners - October 21, 2019 ITEM: 13- 1 - 17 Idollars (million) .1 Total New Hanover Brunswick Pender 612 494 69 49 612 494 69 49 25 20 3 2 25 20 3 2 40 32 4 4 29 29 0 0 7 6 1 1 1350 1094 149 1o6 100% 81% 11% 8% 'W M P O Plan ing Org niza Area Metropolitan Planning Organization www.4vmpo.org E Board of Commissioners - October 21, 2019 ITEM: 13- 1 - 18 Abby Lorenzo Sr. Transportation Planner Abby.Lorenzo@wiImingtonnc.gov PO Plan , Planning O Urban Area Metropolitan WM Planning Organization www.wmpo.org NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 21, 2019 REGULAR DEPARTMENT: Planning PRESENTER(S): Brad Rosov, M.Sc. Senior Marine Biologist /Client Program Manager: Aptim CONTACT(S): Wayne Clark, Planning & Land Use Director and Dylan McDonnell, Long Range Planner SUBJECT: Presentation: New Hanover County Water Quality Monitoring Program - 2018 -2019 Final Report BRIEF SUMMARY: Aptim Environmental & Infrastructure, Inc. (formally Coastal Planning & Engineering of North Carolina) began monitoring seven (7) tidal creeks within New Hanover County on a monthly basis in November 2007. The creeks included in this study are Pages and Futch Creeks, which drain into the Atlantic Intracoastal Waterway (ICW) and Lords, Mott, Barnards, Smith, and Prince George Creeks, which drain into the Cape Fear River. In addition to the continued sampling from the seven tidal creeks, three sampling sites from within Airlie Gardens were included beginning with the 2015 -2016 sampling efforts. The property, located within the Bradley Creek watershed, includes a 10 -acre freshwater lake. The lake receives input from several stormwater culverts, which serves to manage runoff from development in the area. The information included in the annual report focuses on the results of this monitoring period which took place between July 2018 and June 2019. Long term trends have also been assessed using data obtained since 2007. The purpose of this presentation is for Aptim staff to present data from the FY 18 -19 monitoring program and trends from past monitoring years. In general, the dissolved oxygen levels within each creek have not changed notably from year to year and continue to be non - problematic, though dissolved oxygen levels were lower in Pages Creek this year compared to past years. Aptim will continue to monitor this creek for trends. Turbidity and chlorophyll -a were also not problematic in any creeks. There were several improvements from last year to this year in terms of Entertococci bacteria. Futch, Lords, Pages, Prince George, and Smith Creeks all improved. However, this improvement could have been a result of a "flushing" that occurred following the passing of Hurricane Florence. The primary persistent issue has been high levels of bacteria in the Pages Creek watershed in the Bayshore neighborhood. In a past sampling period, staff from the Planning and Environmental Health departments partnered with the Cape Fear Public Utility Authority to investigate the high levels of Enterococci bacteria in this watershed at the Bayshore boat ramp sampling site. The investigation of septic and sewer infrastructure turned out to be inconclusive as no source for the bacteria could be found. A targeted infrared drone study of the area will be included in next year's project scope as part of continuing efforts to identify the source. The full report is available in the link below. Board of Commissioners - October 21, 2019 ITEM: 14 https: // planning. nhcgov.com/ long - range - planning /natura I- resources/ STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Innovate programs to protect the environment RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear presentation. ATTACHMENTS: NHC 2018 -2019 Water Quality Monitoring Program Annual Report COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Hear presentation. COMMISSIONERS' ACTIONS: Heard presentation. Board of Commissioners - October 21, 2019 ITEM: 14 NEW HANOVER COUNTY WATER QUALITY MONITORING PROGRAM 2018 -2019 FINAL REPORT Prepared by: Aptim Environmental & Infrastructure, Inc. A P T I M Marine Scientist: Brad Rosov, M.Sc. Prepared For: New Hanover County, North Carolina 0 NTY.� O � Q r-� \ s tO iVQ Recommended Citation: Rosov, B., 2019. New Hanover County Water Quality Monitoring Program: 2018 -2019 Final Report. New Hanover County, North Carolina: Aptim Environmental and Infrastructure, Inc. 52p. August 2019 APTIM Board of Commissioners - October 21, 2019 ITEM: 14- 1 - 1 EXECUTIVE SUMMARY This report represents the results of the New Hanover County Water Quality Monitoring Program between July 2018 and June 2019. Nineteen (19) monitoring stations within seven (7) tidal creeks in New Hanover County were monitored on a monthly basis for physical, chemical, and biological parameters of water quality. The results presented in this report are described from a watershed perspective. In order to provide a quick - glance assessment of the water quality within a particular sampling station and watershed, a rating system has been established for a number of parameters. This quantitative system assigns a rating of "Good ", "Fair ", or "Poor" to a sampling station depending on the percentage of samples exceeding the State standard for dissolved oxygen, turbidity, chlorophyll -a, and Enterococci bacteria. If the recorded value of a parameter exceeds the State standard less than 10% of the times sampled, the station will receive a "good" rating for the parameter. A "fair" rating is assigned when a parameter exceeds the State standard 11 -25% of the times sampled. Parameters measured that exceed the State standard more than 25% of the sampling times are given a "poor" rating. As displayed in the table below, turbidity and chlorophyll -a were determined to be "Good" within all watersheds throughout the study period. Dissolved oxygen was deemed to be "Good" in Mott Barnards Creek and Mott Creek while Futch Creek, Lords Creek, Prince George Creek, and Smith Creek were deemed to be "Fair ". Only Pages Creek was "Poor" for dissolved oxygen during the study period. Enterococci was "Good" within three of these watersheds- Futch Creek, Smith Creek, and Prince George Creek while Barnards Creek, Mott Creek, Pages Creek, and Lords Creek were deemed "Fair" for Enterococci. No creeks demonstrated "Poor" water quality for bacteria during the 2018 -2019 sampling effort. Ratings by Watershed In general, the ratings for Entertococci bacteria improved between the 2017 -2018 and the 2018- 2019 reporting periods. One possible reason for this improvement could have been a result of a "flushing" of the watersheds following the passing of Hurricane Florence and its associated heavy rains and flooding. On September 14, 2018, Hurricane Florence made landfall at Wrightsville Beach. This Category 1 storm brought winds over 100mph and over 20 inches of rain throughout New Hanover County. Post -storm water quality monitoring revealed low dissolved oxygen within sixteen (16) of the nineteen (19) sampling sites, however, bacterial levels were relatively low following the storm. It i APTIM Board of Commissioners - October 21, 2019 ITEM: 14- 1 - 2 Prince Barnards Futch Lords Mott Pages Smith Parameter George Creek Creek Creek Creek Creek Creek Creek Turbidity GOOD GOOD GOOD GOOD GOOD GOOD GOOD Dissolved Oxygen GOOD FAIR FAIR GOOD POOR FAIR F Chloro h ll -a GOOD GOOD GOOD GOOD GOOD GOOD GOOD Enterococci FAIR GOOD I FAIR FAIR I FAIR I GOOD GOOD In general, the ratings for Entertococci bacteria improved between the 2017 -2018 and the 2018- 2019 reporting periods. One possible reason for this improvement could have been a result of a "flushing" of the watersheds following the passing of Hurricane Florence and its associated heavy rains and flooding. On September 14, 2018, Hurricane Florence made landfall at Wrightsville Beach. This Category 1 storm brought winds over 100mph and over 20 inches of rain throughout New Hanover County. Post -storm water quality monitoring revealed low dissolved oxygen within sixteen (16) of the nineteen (19) sampling sites, however, bacterial levels were relatively low following the storm. It i APTIM Board of Commissioners - October 21, 2019 ITEM: 14- 1 - 2 is hypothesized that the floodwaters delivered low oxygenated waters into the tidal creeks while flushing the system of bacterial contamination. Enterococci Ratings for each watershed during the 2017 -2018 and the 2018 -2019 reporting periods. Long Term Trends Using data collected on a monthly basis since at least November 2007, the long term trends of select water quality monitoring parameters were assessed in this report as well. In general, dissolved oxygen, turbidity, and chlorophyll -a levels oscillate on a seasonal basis. Water quality, as it relates to these parameters, generally decreases during the warmer months when the water temperatures increase. However, during the cooler months, when the water temperature drops, these parameters improve. Generally speaking, the dissolved oxygen levels within each creek have not changed drastically from year to year. Turbidity and chlorophyll -a were not problematic in any creeks. Enterococci bacteria, however, has been a chronic problem within several of the creeks monitored in this study. Mott Creek, Pages Creek, Barnards Creek, Smith Creek, and Prince George Creek have all maintained a relatively high level of bacteria over time. Lords Creek and Futch Creek, on average, have contained relatively lower bacteria levels compared to the other creeks included within this study. Since June 2008, samples collected within Mott Creek exceeded the State standard for Enterococci 46% of the time while Pages Creek, Barnards Creek, Smith Creek, and Prince George Creek exceeded standard 39 %, 31 %, 30 %, and 26% of the time, respectively. Lords Creek and Futch Creek contained the least amount of bacteria, exceeding standards only 12% and 5% of the time, respectively. Airlie Gardens Three sampling sites within the lake at Airlie Gardens were included in the 2018 -2019 monitoring effort. The results of the monitoring efforts within these locations suggested that dissolved oxygen varied significantly over the 12 -month study within the lake. Similar to previous year's results, the levels of the nutrient orthophosphate were relatively higher at the sampling location closest to the main storm water runoff input in proximity to the entrance of the gardens at Airlie Road. These levels were generally lower at the two other sites indicating that the aquatic vegetation in the lake was utilizing the available orthophosphate in the water column to facilitate growth. This was indicated by the presence of algal blooms throughout much of the lake during the summer months, as nutrient -rich stormwater runoff contributes to eutrophication and resulting algal blooms. To help combat problems associated with this eutrophication, Airlie Gardens has installed several aerators in the lake in an attempt to increase the dissolved oxygen levels, and the tributary upstream from one sampling location has recently undergone restoration efforts with the installation of a wetland BMP. Once established, this constructed wetland may help reduce the amount of nutrients entering the lake and the frequency and magnitude of algal blooms. ii APTIM Board of Commissioners - October 21, 2019 ITEM: 14- 1 - 3 Prince Barnards Futch Lords Mott Pages Smith George Creek Creek Creek Creek Creek Creek Creek Enterococci FAIR FAIR POOR FAIR POOR POOR POOR 2017 -2018 Enterococci FAIR GOOD FA! FAIR GOOD GOOD 2018 -2019 . Long Term Trends Using data collected on a monthly basis since at least November 2007, the long term trends of select water quality monitoring parameters were assessed in this report as well. In general, dissolved oxygen, turbidity, and chlorophyll -a levels oscillate on a seasonal basis. Water quality, as it relates to these parameters, generally decreases during the warmer months when the water temperatures increase. However, during the cooler months, when the water temperature drops, these parameters improve. Generally speaking, the dissolved oxygen levels within each creek have not changed drastically from year to year. Turbidity and chlorophyll -a were not problematic in any creeks. Enterococci bacteria, however, has been a chronic problem within several of the creeks monitored in this study. Mott Creek, Pages Creek, Barnards Creek, Smith Creek, and Prince George Creek have all maintained a relatively high level of bacteria over time. Lords Creek and Futch Creek, on average, have contained relatively lower bacteria levels compared to the other creeks included within this study. Since June 2008, samples collected within Mott Creek exceeded the State standard for Enterococci 46% of the time while Pages Creek, Barnards Creek, Smith Creek, and Prince George Creek exceeded standard 39 %, 31 %, 30 %, and 26% of the time, respectively. Lords Creek and Futch Creek contained the least amount of bacteria, exceeding standards only 12% and 5% of the time, respectively. Airlie Gardens Three sampling sites within the lake at Airlie Gardens were included in the 2018 -2019 monitoring effort. The results of the monitoring efforts within these locations suggested that dissolved oxygen varied significantly over the 12 -month study within the lake. Similar to previous year's results, the levels of the nutrient orthophosphate were relatively higher at the sampling location closest to the main storm water runoff input in proximity to the entrance of the gardens at Airlie Road. These levels were generally lower at the two other sites indicating that the aquatic vegetation in the lake was utilizing the available orthophosphate in the water column to facilitate growth. This was indicated by the presence of algal blooms throughout much of the lake during the summer months, as nutrient -rich stormwater runoff contributes to eutrophication and resulting algal blooms. To help combat problems associated with this eutrophication, Airlie Gardens has installed several aerators in the lake in an attempt to increase the dissolved oxygen levels, and the tributary upstream from one sampling location has recently undergone restoration efforts with the installation of a wetland BMP. Once established, this constructed wetland may help reduce the amount of nutrients entering the lake and the frequency and magnitude of algal blooms. ii APTIM Board of Commissioners - October 21, 2019 ITEM: 14- 1 - 3 Recommendations The long -term water quality monitoring results suggest that the seven (7) creeks have experienced fairly good water quality in terms of turbidity and chlorophyll -a levels over the course of the twelve (12) year study thus far. The one parameter, however, that has been problematic has been Enterococci bacteria. Of the 2,511 samples collected and analyzed since 2008, 679 (27 %) of all samples have exceeded the standard for this bacteria. While several creeks have exhibited relatively low levels of bacteria throughout the study (namely Futch Creek and Lords Creek), other creeks have proven to contain chronically high levels of Enterococci. Mott Creek has exceeded the standard 46% of the time and PC -BDDS and PC -BDUS within Pages Creek have exceeded the standard 47% and 62% of the time, respectively. County - funded source tracking studies conducted in 2009 and 2013 suggested that human sewage was a contributing factor to the bacteria loading in Pages Creek. Although the bacteria levels dropped considerably following the passage of Hurricane Florence, the trend of relatively high Enterococci bacteria resumed during the remainder of the 2018 -2019 study period suggesting that the problem persists to this day. The resurgence of the bacteria indicates there is a possible source driving the Enterococci levels to where further investigation is needed. While the CFPUA performed inspections of the lift stations adjacent to the two sampling sites and a public health warning sign has been posted at the private boat ramp at PC -BDUS, no further actions have been taken to resolve the issue. Additional methods to identify the source of the contamination are currently being investigated. One possible method would employ the use of a fixed -wing unmanned aerial vehicle (UAV, aka drone) equipped with a thermal infrared sensor. The sensor may be used to identify areas of previously unidentified locations of point- source contamination within the watershed by discerning temperature differentials between the surface waters of the creek and its surrounding environs. Once potential point source targets are located, ground truthing efforts may be employed to investigate further. Researchers at UNCW possess the required equipment and experience to conduct this sort of study should funding become available. iii APTIM Board of Commissioners - October 21, 2019 ITEM: 14- 1 - 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 21, 2019 REGULAR DEPARTMENT: Environmental Management PRESENTER(S): Joe Suleyman, Environmental Management Director CONTACT(S): Joe Suleyman SUBJECT: Consideration of a Budget Amendment and Award of Bid for the Construction of Landfill Cells 9 & 10A BRIEF SUMMARY: Following Hurricane Florence, disposal tonnage at the New Hanover County Landfill spiked to well over 1,200 tons per day and has remained elevated. This additional waste has consumed available landfill capacity at a pace that will exceed the capacity of budgeted cell construction projects. To ensure the availability of sufficient disposal capacity, the Environmental Management Department is requesting that funds in the CI P schedule for FY20/21 be moved to the current fiscal year to allow the addition of Cell 10A construction to the project as bid. This will provide 50% more disposal capacity than in the current design expansion. To offset the additional $750,000 cost, the department is postponing a cell closure project budgeted for the current fiscal year, until FY20 -21. A bid opening was held on September 10, 2019, for the construction of Landfill Cells 9 & 10A. A total of three (3) qualified bids were received and opened. A summary of the bids is included in the attached Resolution Authorizing a Contract for the Construction of Landfill Cells 9 & 10A. The attached bidder qualification review letter was received from SCS Engineers, P.C., the consulting firm assisting with the evaluation. The capital project ordinance for the Landfill Southern Property Construction was adopted on June 19, 2017. Funds for the construction of Landfill Cells 9 and 10A are available in the capital project fund for Southern Property Cell Construction and as adopted in the fiscal year 2019 budget for the Environmental Management Enterpirse Fund, and additional funds needed for this project are available for transfer from the Northern Property Closure capital project fund. The lowest responsible bidder for the project is ES &J Enterprises, Inc., at a bid amount of $4,317,314.00. Staff recommends approval of the budget amendment to transfer funds from the Northern Property Closure capital project fund, and approval of the award of the contract for Cells 9 & 10A Construction to ES &J Enterprises, Inc., at a cost of $4,317,314.00. STRATEGIC PLAN ALIGNMENT: Effective County Management • Increase efficiency and quality of key business processes Board of Commissioners - October 21, 2019 ITEM: 15 RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the budget amendment to transfer funds from the Northern Property Closure capital project fund to the Southern Property Construction capital project fund, and adopt a resolution authorizing the award of the contract for Cells 9 & 10A Construction to ESW Enterprises, Inc., at a cost of $4,317,314.00. ATTACHMENTS: SCS Engineers Bidder Qualification Review Letter Bid Tabulation Budget Amendment 20 -003 Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - October 21, 2019 ITEM: 15 Environmental Consulting & Contracting September 16, 2019 File No. 09218086.07 Mr. Joe Suleyman 3002 US Highway 421 North Wilmington, NC 28401 Subject: Bidder Qualification Review Cell 9 & 10A Construction New Hanover County, NC Bid No. 20 -0052 Dear Mr. Suleyman: SCS Engineers, PC, (SCS) reviewed the accepted bids for New Hanover County Construction of Landfill Cell 9 & 10A in order to determine if the bidders demonstrated that they possess the required experience to bid on this project. Section 00100 INVITATION TO BID of the bid documents defines the minimum experience required by the bidders as: 1. Bidders must be licensed contractors in the State of North Carolina at the time proposals are submitted. 2. Bidders shall have successfully completed a minimum of 10.0 acres of Subtitle C or D landfill cell construction or landfill closure projects, including the installation of liner and piping components, within the last 5 years from the date of this bid advertisement. 3. To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit, following receipt of written request by COUNTY, information including, but not limited to, financial data, previous experience including references for similar projects and evidence of authority to conduct business in the jurisdiction where the Project is located. This information must be received by COUNTY within ten days of Bidder receivingthe written request. Submittals requested pursuant to this paragraph are in addition to those required elsewhere. 4. The Bidder must include in the bid submittal documentation from the major material suppliers (liners, geocomposites, textiles, pipe, structures, etc) that the prime or sub - contractor responsible for paying the supplier for the material is not in arrears on payments for purchases of materials on other projects. SCS's evaluation began with our review of the bids from the two lowest bidders, ES&J Enterprises, Inc. (ES&J) who is the lowest bidder and Wells Brothers Construction (Wells) the second lowest bidder. SCS contacted the references listed by each of the firms. Out of the four references listed by ES&J, three references expressed positive reviews and one failed to respond. From the three Board of Commissioners - October 21, 2019 ITEM: 15- 1 - 1 Mr. Joe Suleyman September 16, 2019 Page 2 references listed by Wells (second lowest bidder), one reference gave a positive review, one expressed a negative review and one failed to respond. ES&J provided a letter from Hallaton and Core & Main, their liner installer and piping supplier respectively noting no issues with payments from ES&J. Wells provided a letter from Hallaton, their liner installer noting no issues with payments from Wells. SCS reviewed the bid value calculations of each firm and concur that the sums are correct, except in one case. On ES&J's bid, line item F.2 has a transposed number in the unit cost column. When contacted Sandy, the President of ES&J, confirmed that the line item total and Total Bid were correct and would not change due to the transposition. Please see Page 7 of ES&J's bid form included below as Attachment B. ES&J Enterprises, Inc. is the apparent low bidder based on the bid values submitted and SCS concurs that the sums noted on their bid forms are appropriately computed. Based on this information, SCS would propose to award the contract to ES&J Enterprises, Inc. Please feel free to contact Ian Spurlock at 813 - 724 -4718 or ipurlock@scsengineers.com if you have questions or require additional information. Sincerely, A es Velosa A sociate Professional SCS Engineers cc: Sam Hawes, New Hanover County Kim Roane, New Hanover County Encl. Attachment A: Bid Comparison: Cell 9 & 10 A Attachment B: ES&J Bid Form - Page 7 j Digitally sIgned 9.1'. by Ian �L�.n` Spurlock Dale: 20199.09.16 10:30:74 X1.00 Ian Spurlock, P.E. Senior Project Professional SCS Engineers Board of Commissioners - October 21, 2019 ITEM: 15- 1 - 2 ATTACHMENT A Bid Comparison: Cell 9 & l0A Board of Commissioners - October 21, 2019 ITEM: 15- 1 - 3 Bid Comparison: Cell 9 & 10A A. General Estimated Units Quantity Unit Price Total Unit Price Total 1 Mobilization 1 LS $5,000.00 $5,000.00 $47,000.00 $47,000.00 2 Demobilization 1 LS $10,000.00 $10,000.00 $3,000.00 $3,000.00 3 Contractor's field Office 1 LS $7,300.00 $7,300.00 $6,900.00 $6,900.00 4 Engineer's Field Office 1 LS $17,100.OD $17,100-001 $6,900.00 $6,900.00 5 Permits 1 LS $10.00 $10.00 $300.00 $300.00 6Insurance 1 LS $1,000.00 $1,000.00 $2,000.00 $2,000.00 7 Bonds 1 LS $45,000.00 $45,000.00 $39,000.00 $39,000.00 8 Administration 1 LS $10.00 $10.00 $86,000.00 $86,000 -00 9 Surveying 1 LS $7%000,D0 $79,000.00 $21,000.00 $21,000.00 10 Indemnification 1 LS $10.00 $10.00 $10.00 $10.00 11 Trench Safety 1 LS $10.00 $10.00 1 $10.00 $10.00 12 Aerial Photos _ 1 LS $7,000.001 $7,000.00 1 $2,500.00 $2,500.00 13 1 Miscellaneous 1 LS $2,300.1301 $2,300.00 1 $131,000.00 $131,000,00 B. Site Work Subtotal A= $173,740.00 Subtotal A= $345,620.00 1 Excavation 100 CY $10.00 $1,000.00 $9.00 $900.00 2 Fill 100 CY $10.00 $1,000.00 $15.00 $1,500.00 3 Stockpile Unsuitable Soil 10000 CY $4.00 $40,000.00 $2.75 $27,500.40 4 Subgrade Preparation 60040 CY $3.00 $180,000.00 $3.60 $216,000.00 5 Topsoil /Sod 8000 SY $8.25 $66,000.00 $10.00 $80,000.00 6 Seed /Mulch 4840 SY $5.25 $25,410.00 $6.00 $29,040.00 7 Miscellaneous Clearing, Grubbing, Stripping 15 AC $3,250.00 $48,750.00 $4,500.00 $67,500.00 8 Gravel Access Road 1 LS $29,300.00 $29,300.00 $23,000.00 $23,000.00 9 Gravel Haul Read 575 LF $67.501 $38,812.50 $49.00 $28,175.00 10 Erosion Control /Silt Fence 1500 1 LF $5,175.00 $3.50 $5,250.00 C. Liner System Installation _$3.451 Subtotal B= $435,447.50 Subtotal B= $478,865.00 1 GCL 169000 SY $5.38 $909,220.00 $5.60 $946,400.00 2 60 Mil HDPE Primary Liner 85000 SY $4.79 $407,150.00 $5.10 $433,500.00 3 60 Mil HDPE Secondary Liner 86000 SY $5.02 $431,720.00 $5.13 $441,180.00 4 Temporary Liner Flap 5260 SY $13.50 $71,010.00 $14.17 $74,534.20 S Collection Geocomposite 85000 SY $7.82 $664,700.00 $8.37 $711,450.00 6 Drainage Sand (24 ") 52000 CY $6.05 $314,600.00 $3.50 $182,000.00 7 Rain Tarp 29420 SY $3.7511 $110,325.00 $4.02 $118,268.40 D. Leachate Collection System Subtotal C= $2,908,725.00 Subtotal C= $2,907,332.60 1 12" HDPE Header Piping 520 LF $54.80 $28,496.00 $63.00 $32,760.00 2 8" HDPE Lateral Piping 4200 LF $29.80 $125,160.00 $35.00 $147,000.00 3 4" Toe Drain 660 LF $22.80 $15,048.00 $32.00 $21,120.00 4 4" HDPE Transducer Piping 1 LS $2,330.00 $2,330.00 $3,000.D0 $3,000.00 5 8" HDPE Cleanout 8 LS $1,950.00 $15,600.00 $3,400.00 $27,200.00 6 Cell 7 Cleanout Extensions 5 LS $2,300.00 $11,500.00 $1,400.00 $7,000.00 7 12" HDPE Cleanout 1 1 LS $9,350.001 $9,350.00 $5,000.00 $5,000.00 8 24" HDPE Collection Riser Pipe 1 LS $47,900.00 $47,9()0,00 $50,000.00 $50,000.00 9 Valve and Appurtenances 1 LS $6,000.00 $6,000.00 $26,000.00 $26,000 -0O 10 8 -oz Non -Woven Geotextile 7870 SY $2.50 $19,675.00 $3.DO $23,610.00 11 Rounded River Rock 1 LS $113,150.DO $113,150.00 $90,000.00 $90,000.Do E. Stormwater /Erosion Control Piping and Structure Systems Subtotal D= $394,209.00 Subtotal D= $432,690.00 1118" RCP 200 1 LF $50.00 $10,000.00 $88.0ol $17,600 -D0 2 Precast Drop Inlet 2 EA $10,000,001 $20,000.00 $6,850.001 $13,700.00 3 Mitered End Sections 2 EA $2,000.001 $4,000.00 1 $2,ODI).001 $4,000.00 F. Leachate Pumping System Subtotal E= $34,000.00 Subtotal E= $35,300.00 1 Electrical Services and Control Panels 1 L5 $85,100.00 $85,100.00 $86,000.00 $86,000.00 2 Leachate Cal lection Pump and Spare 1 LS $36,000.00 $36,000.00 $27,000.00 $27,000.00 3 Stormwater Pump 1 LS $20,000.00 $20,000.00 $16,500.00 $16,500.00 4 Cell 9 Dual Wail Force Main Extension 720 LF $57,75 $41,580.00 $73.00 $51,120.00 5 New Dual Wall Farce Main 2150 LF $57.75 $124,162.50 $74.00 $159,100.00 6 Dual Wall Fittings and Valves 1 LS $25,500.00 $25,500.00 $56,000.00 $56,000.00 7 Valves, Meters, and Tie -Ins _ 1 LS $24,500.00 $24,500.00 $12,000.00 $12,000.00 8 Trainingand Testing 1 LS $14,350.00 $14,350.00 $6,400.00 $6,400.00 Subtotal F= $371,192.50 To a1= $4,317,314.00 Subtotal F= $414,120.00 Total= jjjj3 927.60 Board of Commissioners - October 21, 2019 ITEM: 15- 1 - 4 ATTACHMENT B ESU Bid Form - Page 7 Board of Commissioners - October 21, 2019 ITEM: 15- 1 - 5 (.?SdJ C. Liner System Installation - Cell 9 & 1 OA 50. no 10,110(1,00_ 2 Precast Drop Inlet 2 I GCL 169,000 SY S, 3Y 444 220, OD 2 60 Mil HDPE Primary Liner 85,000 SY 4-, 7Q 40'7, 150,00 60 Mil HDPE Secondary Electrical Services and 3 Liner 86,000 SY 5, Oz 43), 4 Temporary Liner Flap 5260 SY 13.50 91 0111, pd 5 Collection Geocomposite 85,000 SY 'r1. Ez Iplpt q00 —p0 6 Drainage Sand Layer (24 ") 52,000 CY b. 05 31 SL 10 ors. OD 7 Rain Tarp 29,420 SY . 7s' 4-4e, �d fie, 3,i>,ot Subtotal C: 2 y 0P_ `1 , oe D. Leachate Collection System - Cell 9 & l OA I 12" HDPE Header Piping 520 LF 54, JO a$ g4lp, o0 2 8" HDPE Lateral Piping 4,200 LF 2q!, EO lass lteO.OD 3 4" Toe Drain 660 LF 22-90 ls� p 49.00 4 4" HDPE Transducer Piping I LS 1 3 30.41 2x330,00 5 8" HDPE Cleanout 8 LS 1, 1St. 00 15 1006.00 6 Cell 7 Cleanout Extensions 5 LS .2''300,00 H, 1500 Ito 7 12" HDPE Cleanout I LS 9 3.t'0. ov q 3 50. to 24" HDPE Collection Riser 8 Pipe I LS 4% 400, oo 4,j 900.00 Valve and Appurtenances 9 (associated piping, valving) 1 LS It, O Do. 00 10,000, 00 10 8 -oz Non -Woven Geotextile 7,870 SY c2 so I Q, lP U. o0 I I Rounded River Rock I LS }13, ISO. AO 113 15 q, t70 Subtotal D: 3qt 2oq,DO E. Stormwater/Erosion Control Piping and Structure Systems - Cell 9 & l OA I 18 -inch RCP 200 LF 50. no 10,110(1,00_ 2 Precast Drop Inlet 2 EA _ 10, COO ,00 W? 0, D00. 00 3 Mitered End Sections 2 EA .2 pop. 0p COD, 00 s,1b #ulal t ; _3 w, 00D. 00 F. Leachate Pumping System- Cell 9 & I OA Electrical Services and 1 Control Panels I LS Leachate Collection Pump 2 and Spare I LS . be - 4,600. 60 New Hanover County Secure Landfill Bid Form Cell 9 & l0A Construction Project REVISED AUGUST 20191u1y 2019 00300-7 Board of Commissioners - October 21, 2019 ITEM: 15- 1 - 6 BID TABULATION NEW HANOVER COUNTY SECURE LANDFILL CELL 9 & 10A CONSTRUCTION RFB 20 -0052 Date: Sept 10, 2019 Time: 2:00 p.m. Representing New Hanover County at Bid Opening: Kim Roane, Business Officer; Lena Butler, Purchasing Supervisor Board of Commissioners - October 21, 2019 ITEM: 15- 2 - 1 Attended Mandatory NC Contractors Addenda Bid Signed Base Name of Company Prequalification? Pre -Bid Meeting? License #1 Bond Bid Bid yes /no license# Acknowledged? yes /no yes /no Amount Atlantis CGI Yes Yes 75273 Yes Yes Yes $4,743,130.00 ES &J Enterprises Yes Yes 28994 Yes Yes Yes $4,317,314.00 Wells Brothers Yes Yes 46096 Yes Yes Yes $4,613,927.60 Representing New Hanover County at Bid Opening: Kim Roane, Business Officer; Lena Butler, Purchasing Supervisor Board of Commissioners - October 21, 2019 ITEM: 15- 2 - 1 AGENDA: October 21, 2019 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2020 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2020. Section 1: Details of Budget Amendment Strategic Focus Area: Effective County Management Strategic Objective(s): Increase efficiency / quality of key business processes Fund: Environmental Management Fund Department: Environmental Management Expenditure: Decrease Increase Total BA 20 -003 Transfer to Southern Property Constr $ 750,000 $ 750,000 BA 20 -003 Southern Property Expense $ 750,000 $ 750,000 BA 20 -003 Northern Property Closure $ (750,000) Total $ - $ 750,000 1 $ 750,000 Total 1 $ (750,000) $ 1,500,000 $ 750,000 Revenue: Decrease Increase Total BA 20 -003 Northern Property Closure $ 750,000 $ 750,000 Total $ - $ 750,000 1 $ 750,000 Prior to Actions Total if Actions Today Taken Fund 750 Budget 1 $ 13,113,94LJ F$ 13,863,944 Section 2: Explanation BA 20 -003 transfers $750,000 from Fund 740 (Northern Property Closure) to Fund 750 (Southern Property Construction). This amendment is needed to provide adequate funding to accelerate the construction of landfill cell 10A. Increased volume of disposal tonnage following Hurricane Florence has resulted in the consumption of available landfill space at a pace that will exceed the capacity of budgeted cell construction projects. To ensure the availability of sufficient disposal space, a cell closure project will be delayed to allow the accelerated construction of cell 10A. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 20 -003 amending the annual budget ordinance for the fiscal year ending June 30, 2020, is adopted. Adopted, this 21 st day of October, 2019 (SEAL) Jonathan Barfield, Jr., Chairman ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - October 21, 2019 ITEM: 15- 3 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION AUTHORIZING A CONTRACT FOR THE CONSTRUCTION OF LANDFILL CELLS 9 AND 10A WHEREAS, after due advertisement, bids were recorded by the New Hanover County Environmental Management Department at 2:00 p.m. on the 101h day of September, 2019, at the New Hanover County Environmental Management Department offices, 3002 U.S. Highway 421 N., Wilmington, North Carolina; and WHEREAS, three (3) bids were received from qualified bidders and the bid tabulation shown for the three (3) qualified bidders includes the cost of the construction of Landfill Cells 9 and 10A; and Bidder Bid Amount for Cells 9 & 10A Atlantis CGI $4,743,130.00 ES &J Enterprises, Inc. $4,317,314.00 Wells Brothers Construction $4,613,927.60 WHEREAS, of these three (3) qualified bidders, ES &J Enterprises, Inc. submitted the lowest responsible bid for the construction of Landfill Cells 9 & 10A in the amount of $4,317,314.00; and WHEREAS, a bid evaluation was completed by SCS Engineers P.C., determining that ES &J Enterprises, Inc. met the criteria for minimum experience as set forth in Section 00100 INVITATION TO BID; and WHEREAS, funds for this project are available in the capital project fund for Southern Property Cell Construction fund and as adopted in the fiscal year 2019 budget for the Environmental Management Enterprise Fund, and additional funds needed for this project are available for transfer from the Northern Property Closure capital project fund. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners hereby authorizes the award of the contract for the construction of Landfill Cells 9 & 10A to ES &J Enterprises, Inc., and that the County is hereby authorized and directed to negotiate and execute a contract, the form of which shall be approved by the County Attorney. ADOPTED this the 2111 day of October, 2019. NEW HANOVER COUNTY Jonathan Barfield, Jr., Chairman ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - October 21, 2019 ITEM: 15- 4 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 21, 2019 REGULAR DEPARTMENT: PRESENTER(S): Anna McRay, Emergency Management Assistant Director CONTACT(S): Beth Schrader, Chief Strategy Officer SUBJECT: Consideration of a Budget Amendment to Accept a $2 Million NC Disaster Recovery Act (DRA) Grant Award, a Resolution Establishing Formal DRA Policy Guidelines, and a DRA - Specific Procurement /Contract Award Policy BRIEF SUMMARY: New Hanover County has been awarded $2 million of Disaster Recovery Act (DRA -2018) funds from the Office of State Budget and Management — Disaster Recovery Office to be used for immediate needs on residential property damaged during Hurricane Florence in September 2018. In order to most effectively execute the program and insure that the highest need, eligible homeowners receive assistance, staff is asking the board to adopt a resolution that establishes formal policy guidelines for implementation of the DRA program funds in New Hanover County. The resolution 1) reiterates the requirements and limits set forth in the program Memorandum of Agreement (MOA), 2) establishes that the New Hanover Disaster Coalition Case Management and Construction Committees will identify and prioritize potential applicants (focusing on those not currently served and /or eligible for existing funds /programs) and identifies the recommended priorities for candidate selection, and 3) authorizes /directs the County Manager to sign the MOA. In prior recovery efforts where DRA funds have been available, homeowners have experienced significant delays in receiving assistance. This delay has been driven in part, by inflexible procurement and contract award policies and by the necessity to bring every contract and contract amendment to the Board of Commissioners for approval. In order to most effectively and expeditiously serve eligible residents while ensuring that New Hanover County meets all Federal and State requirements, the county has developed a NCDRA- specific procurement and contract award policy. The policy allows the county to: 1) reject bids and rescind contract awards when certain conditions are not met (historical or current performance /workmanship related) or as a result of directives by the funding agency or homeowner's non - participation 2) award contracts to next lowest bidder when the total work the lowest bidding contractor bid on exceeds the capacity of the contractor to perform all the work within 120 days of bid opening; and 3) authorizes the County Manager to approve and execute all DRA- related professional services procurement, housing rehabilitation, housing elevation, replacement housing, and demolition contracts. STRATEGIC PLAN ALIGNMENT: Board of Commissioners - October 21, 2019 ITEM: 16 Superior Public Health, Safety and Education • Provide health and wellness education, programs, and services • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: 1. Adopt the ordinance for BA 20 -015 to accept funds. 2. Adopt resolution establishing formal county policy guidelines for the provision of DRA housing assistance benefits and authorizing and directing the County Manager to execute the related MOU. 3. Adopt the county NC DRA Procurement and Contract Award Policy and authorize and direct the County Manager to approve and execute all related professional services procurement, housing rehabilitation, housing elevation, replacement housing, and demolition contracts. ATTACHMENTS: BA 20 -015 Resolution—DRA Housing Assistance Policy NC DRA Procurement—Contract Award Policy State DRA MOA COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as presented. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - October 21, 2019 ITEM: 16 AGENDA: October 21, 2019 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2020 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2020. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Understand / act on citizen needs Provide health / wellness education, programs, and services Fund: General Department: Office of Strategy Expenditure: Decrease Increase 11 Total 20 -015 Contract Services $ 2,000,000 11 $ 2,000,000 Total $ - $ 2,000,000 $ 2,000,000 Revenue: Decrease Increase Total 20 -015 State Disaster Recovery Act $ 2,000,000 ji $ 2,000,000 Total $ - $ 2,000,000 1 $ 2,000,000 Prior to Actions Todav Departmental Budget $ 505,386 Total if Actions Taken $ 2,505,386 Section 2: Explanation New Hanover County has received $2M of Disaster Recovery Act (DRA -2018) funds from the Office of State Budget and Management — Disaster Recovery Office to be used for the repair, rehabilitation, replacement, buyout or elevation of owner- occupied homes damaged by Hurricane Florence. No matching funds are required and no new positions are created by this grant award. The grant period runs through December 2020, unless extended. The MOU that accompanies this BA lays out specific criteria and guidelines for the program. Candidate properties will be identified and prioritized by the New Hanover Disaster Coalition consistent with the NEW HANOVER COUNTY NC DISASTER RECOVERY ACT PROGRAM (DRA -2018) Housing Assistance Policy, which also accompanies this BA. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) & amending the annual budget ordinance for the fiscal year ending June 30, 2020, is adopted. Adopted, this 21 st day of October, 2019 (SEAL) Jonathan Barfield, Jr., Chairman ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - October 21, 2019 ITEM: 16- 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION NC DISASTER RECOVERY ACT PROGRAM (DRA -2018) HOUSING ASSISTANCE POLICY WHEREAS, New Hanover County has received Disaster Recovery Act (DRA -2018) funds from the Office of State Budget and Management — Disaster Recovery Office to be used for immediate needs on residential property damaged during Hurricane Florence in September 2018; and, WHEREAS, New Hanover County has entered into a Memorandum of Agreement (MOA) with the Office of State Budget and Management — Disaster Recovery Office to accept $2,000,000 to be used for immediate residential needs as a result of Hurricane Florence; and WHEREAS, the County requires a formal policy establishing guidelines for the provision of DRA housing assistance benefits; NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners hereby authorizes and directs the County Manager to execute the Memorandum of Agreement with the State of North Carolina for Hurricane Florence Disaster Recovery Act ( "DRA ") funds and hereby adopts the following Housing Assistance Policy, to be used during implementation of the DRA Program for Hurricane Florence: A. HOMEOWNER ELIGIBILITY AND PRIORITIZATION Eligibility. A residential owner - occupied household is eligible for DRA funds if: (1) the household occupied the dwelling unit as a primary residence at the time of the event (Hurricane Florence, September 2018); (2) is low- to moderate - income (LMI) as defined in the Memorandum of Agreement (MOA) as annual income no greater than $84,300 for a single- or multi - person household unless otherwise waived by the Office of State Budget and Management — Disaster Recovery office; and (3) complies with any further limitations as identified in the MOA. Priority. Priorities shall be as follows: • Households that have unmet housing needs and where the continued occupancy of the residence creates: o Threat to life safety. • Unsafe or unsanitary conditions. • Exposure to health hazards (mold, asbestos, lead). • Households occupying FEMA temporary housing units. • Households with unmet needs from the Hazard Mitigation Grant Program. • Households with damages as a result of Hurricanes Matthew and Florence. Candidate Selection. Candidates / candidate properties will be identified and prioritized by the New Hanover Disaster Coalition, New Hanover County's long -term recovery group, Construction Committee and Case NC DISASTER RECOVERY ACT PROGRAM 10/2019 (DRA -2018) Housing Assistance Policy Board of Commissioners - October 21, 2019 ITEM: 16- 2 - 1 Management Committee jointly. The Construction Committee and Case Management Committee have identified the following principles that they will use to select and prioritize potential candidate / candidate properties: In general: • Given the flexibility of the DRA funding (eligibility requirements, range of allowable activities, etc.), the DRA funding should be used to assist those who are not currently being served / are not eligible or able to be served by other current funding sources / programs; Specifically: 1) Working adult(s) with child(ren) in the home; 2) Households with disabled or medically fragile household members; 3) Elderly living alone or with multigenerational households; and 4) Presence of deferred maintenance and hurricane damage. • Households in meeting the aforementioned criteria that have unmet housing needs or where the continued occupancy of the residence creates a threat to life safety, have unsafe or unsanitary conditions, or exposure to health hazards will receive the highest priority. The county and its contractors will prepare and submit the applications, documentation and prioritized list to the state as recommended by the committees. Final eligibility will be determined by the state and consistent with program eligibility requirements and thresholds detailed in the MOU. B. ELIGIBLE ACTIVITIES The MOA outlines the eligible activities these funds may be used for with limitations set forth by the Office of State Budget and Management — Disaster Recovery Office (OSBM -DR). The MOA shall serve as the official guidance document for the implementation of this program. While the MOA allows for several different types of projects, New Hanover County has elected to perform the following activities: Rehabilitation or Reconstruction of Owner - Occupied Housing • Limitations • Rehabilitation: Damage total less than 51% of the home's pre- disaster market value. • Reconstruction: Damages equal to or above 51% of the home's pre- disaster market value. Rehabilitation or Reconstruction of Owner - Occupied Manufactured Homes • Limitations • Rehabilitation: Damage total less than 51% of the home's pre- disaster market value. • Minimum $1,000 in repairs • Maximum $37,500 in repairs • Reconstruction: Damages equal to or above 51% of the home's pre- disaster market value. ■ Single -wide funding cap of $65,000 NC DISASTER RECOVERY ACT PROGRAM 10/2019 (DRA -2018) Housing Assistance Policy Board of Commissioners - October 21, 2019 ITEM: 16- 2 - 2 ■ Double -wide funding cap of $90,000 Hazard Mitigation Projects — LMI does not apply to HM DRA projects if homeowner should be denied or missed the HMGP deadline. • Acquisition • Property must be in a flood prone area • Elevation is not feasible; and /or • Acquisition would minimize flood risk or support stormwater mitigation • Elevation • Home must be substantially damaged per the definition in the appropriate jurisdiction's Flood Damage Prevention Ordinance • Must be elevated in accordance with the appropriate jurisdiction's Flood Damage Prevention Ordinance or 2 feet above base flood elevation, whichever is greater. If the highest flood event exceeds aforementioned requirements, then 2 feet above the highest flood event may be used. • Reconstruction o Should follow requirements provided in Rehabilitation or Reconstruction of Owner - Occupied Housing and Manufactured Homes as listed above. State Acquisition Relocation Fund • Replacement Property. Comparable replacement dwelling must: o Meet HUD requirements for comparable decent, safe, and sanitary dwellings. ■ A comparable replacement home is: • Decent, safe, and sanitary; • Functionally equivalent to the participant's displacement dwelling; • Available for purchase; • Affordable (i.e., having a monthly housing payment equal to or less than 30% of the participant's income); • Reasonably accessible to the participant's place of employment; • Generally, as well located with respect to public and commercial facilities, such as schools and shopping, as the displacement dwelling; • Not subject to unreasonable adverse environmental conditions; • Available to all persons regardless of race, color, religion, sex, or national origin. ■ Decent, safe, and sanitary housing meets local housing and occupancy requirements, and • Is structurally sound, weather tight, and in good repair; • Contains a safe, adequate electrical wiring system; • Has adequate living space for the occupants; • Has a kitchen with a sink, hot and cold running water, and connections for a stove and refrigerator; NC DISASTER RECOVERY ACT PROGRAM 10/2019 (DRA -2018) Housing Assistance Policy Board of Commissioners - October 21, 2019 ITEM: 16- 2 - 3 • Has a separate, complete bathroom with hot and cold running water and sewage system; • Has heating as required by climatic conditions; • Has an unobstructed exit to safe, open space at ground level; • Is free of any barriers that would preclude reasonable use of the unit, if occupant has a physical disability. ■ Be located outside of floodplain areas as shown on the current Flood Insurance Rate Map (FIRM) (i.e., 100- and 500 -year floodplain). • If not possible, the County will certify that no appropriate housing or housing sites are available outside of the floodplain, and will seek approval by OSBM -DR. ■ Qualify as "real property." Modular units or manufactured homes are acceptable if they are permanently affixed to real property. ■ Relocation must be within New Hanover County unless extenuating circumstances exist. These cases must be approved by New Hanover County and OSBM -DR. • Terms and Limits of Assistance. The terms of DRA- funded replacement housing assistance shall be as outlined in the New Hanover County DRA Program Memorandum of Agreement (DRA_FLO_13624 -H): o Replacement Housing Assistance: Eligible homeowners may be offered a gap payment in an amount up to but not exceeding $50,000, which amount is the lesser of the difference in acquisition cost of the displacement dwelling and a comparable replacement dwelling (described above); OR the difference of acquisition cost of the displacement dwelling and the actual replacement dwelling selected by the displaced homeowner. Actual replacement dwelling must also meet the definition of a comparable replacement dwelling as described herein. o Relocation (Moving Expense) Assistance: Eligible homeowners may be provided with up to but not exceeding $5,000 in moving expense assistance, based upon the HUD "Fixed Residential Moving Cost" schedule for the number of rooms of furniture in the displacement dwelling, PLUS closing costs associated with the purchase of the replacement dwelling. These costs include appraisal, survey, floodplain certification, title work and insurance, home inspection, termite inspection, recording fees, property taxes (prorated), and attorney fees for closing. C. BASIC RIGHTS OF DISPLACED PERSONS New Hanover County shall not require any displaced person to accept a dwelling provided by the County under these procedures (unless the County and the displaced person have entered into a contract to do so) in lieu of any relocation payment for which the person may otherwise be eligible. D. APPEALS NC DISASTER RECOVERY ACT PROGRAM 10/2019 (DRA -2018) Housing Assistance Policy Board of Commissioners - October 21, 2019 ITEM: 16- 2 - 4 Any aggrieved person may file a written appeal with New Hanover County in any case in which the person believes that the County has failed to properly consider the person's eligibility for assistance under this policy, or has not provided assistance properly in accordance with this policy. ADOPTED this day of , 2019. Jonathan Barfield, Jr., Chairman New Hanover County Board of Commissioners ATTEST: Kymberleigh G. Crowell, Clerk to the Board NC DISASTER RECOVERY ACT PROGRAM 10/2019 (DRA -2018) Housing Assistance Policy Board of Commissioners - October 21, 2019 ITEM: 16- 2 - 5 NC DISASTER RECOVERY ACT PROCUREMENT /CONTRACT AWARD POLICY Introduction New Hanover County has been awarded North Carolina Disaster Recovery Act (NCDRA) grant funds to assist homeowners within the county to: repair, rehabilitate, reconstruct, replace, elevate, or acquire homes damaged by Hurricanes Florence; provide temporary housing during construction or replacement of a home; and /or assist homeowners in purchasing flood insurance. In order to most effectively and expeditiously serve eligible residents while ensuring that New Hanover County meets all Federal and State requirements, the county has developed a NCDRA- specific procurement and contract award policy. Policy New Hanover County will comply with the terms and conditions of Federal and /or State funding that is awarded and accepted, including but not limited to, the terms and conditions of Grant Contract, Title 2 CFR Part 200, and HUD implementing regulations contained in 24 CFR Section 570.489(g) which are incorporated by reference and included herein to the extent of its applicability. The County, as the recipient of Federal and /or State CDBG funds as well as NC Disaster Recovery Act funds, acknowledges its responsibility to and will adhere to the aforesaid North Carolina State and Federal Procurement Policies. New Hanover County will, to the extent applicable, follow methods of procurement, procure by contracting with small, minority firms, women's business enterprises, and labor surplus area firms. Additionally, the County will demonstrate contract cost and price awareness, and adhere to awarding agency review provisions (Title 2 CFR Appendix II to Part 200 — Contract Provisions for Non - Federal Entity Contracts under Federal Awards). Plan All procurement of goods and services by the County with NCDRA grant funds shall be accomplished in accordance with the regulations of Procurement Standards, where applicable, Recipient shall follow the procurement standards established in the "Uniform Administrative Requirements, Cost Principles, And Audit Requirements For Federal Awards" (2 CFR Part 200) and HUD implementing regulations contained in 24 CFR Section 570.489(g), which explicitly prohibit cost plus a percentage of cost and percentage of construction cost methods of contracting. In addition, all purchase orders and contracts shall include any clauses required by Federal Statutes, Executive Orders, and implementing regulations including the Section 3 clause, per 24 CFR 570.489 (g) and 24 CFR 135.38, or the North Carolina General Statues applying to procurement in general by the North Carolina municipalities and counties. When the Federal and State regulations are different, the more restrictive regulations shall apply to the procurement in question. Additionally, the County will adhere to the following guidelines during procurement of goods and services with Federal funds: New Hanover County NC Disaster Recovery Act Procurement / Contract Award Policy 10/2019 Board of Commissioners - October 21, 2019 ITEM: 16- 3 - 1 NC DISASTER RECOVERY ACT PROCUREMENT /CONTRACT AWARD POLICY • In all cases where goods or services are procured on the basis of one bid or proposal received, the County will follow established principles included in OMB Circular A 87 to verify the reasonable cost of the procurement, and shall contact the State agency supervising the grant program before making any contract award on the basis of non - competitive negotiation. • Underutilized businesses, including women - owned, and minority -owned enterprises shall be included on bidders' or professional services' lists maintained by the County, and such firm(s) shall be solicited for all competitive negotiations, small purchases, and informal and formal bids when such firms are potential competitive sources for good and services. • The County shall develop a written scope of work for each service to be awarded on the basis of competitive negotiation, which shall include descriptions of tasks to be completed, project timetables, and outline of fee proposal requirements. The statement of work shall also include a written selection procedure. All competitive negotiations shall be awarded strictly on the basis of written selections procedures, and cost shall not be the sole or more important factor in selection of services through the use of competitive negotiations. • Prior to any contract award, the County shall verify the contractor's eligibility to participate in a federally- assisted program. • No consultant or bidder shall assist in the evaluation of proposals or bid packages for contracts in which that consultant or bidder has an indirect or direct interest. The County shall adhere to all applicable Federal and State conflict of interest regulations in making contract awards. • The County shall request references, or check references, of contractors or firms who are awarded contracts with Federal grant funds, and will request a written warranty for all goods and services provided through small purchases requests. • The County shall not award any contract for federally- assisted projects on a contingency or cost plus percentage of cost basis. • During the performance of rehabilitation /housing activities included in the NC Disaster Recovery Act Program, the county will utilize the following guidelines in the award of contracts to contractors who bid on the rehabilitation /reconstruction or demolition of specific dwelling units: 1. The County shall reserve the right to reject bids and rescind contract awards if one of the following conditions has not been met: a. The contractor must have turned in all required forms, credit report, references, etc., with his bid; New Hanover County NC Disaster Recovery Act Procurement / Contract Award Policy 10/2019 Board of Commissioners - October 21, 2019 ITEM: 16- 3 - 2 NC DISASTER RECOVERY ACT PROCUREMENT /CONTRACT AWARD POLICY b. The contractor must have references and a past working record acceptable to the Program Administrator prior to the Administrator's recommendation of award to the New Hanover County Board of Commissioners; c. The contractor must have demonstrated the ability to meet the performance criteria established in the Instructions to Bidders and the Contract for Housing Construction Work. d. The contractor must have demonstrated the ability to meet standards of workmanship outlined in the Contractor's Handbook as witnessed by the Program Administrator. 2. Assessment of conditions 1(c) and 1(d) above shall be based on the Program Administrator's review of contractor references and work performed in other locations, if the contractor has not performed recent rehabilitation housing work for New Hanover County. 3. If construction estimates are prepared, no contract award shall be made if the contract price is less than 85% or more than 115% of the Program Administrator's final estimate. The Program Administrator will document negotiation of bids and /or estimates before contract awards are made. 4. In a case where an individual contractor is performing adequately, but he /she is the low bidder on more houses than he /she can complete within 120 days following the bid opening, (based on past performance), New Hanover County shall reserve the right to reject bids for those surplus houses, and award those houses to the next lowest bidders meeting the guidelines outlined herein, in the interest of efficient completion of rehabilitation, demolition, and replacement housing activities. New Hanover County also reserves the right to reject bids and award contracts to alternate bidders in the interest of maintaining an efficient work schedule consistent with performance standards mandated by the funding agency. 5. New Hanover County reserves the right to rescind contract awards made prior to contract execution if circumstances beyond the control of New Hanover County, including directives by the funding agency or homeowner's non - participation, prohibit New Hanover County's participation in the contract as Owner's Representative. 6. Any action, either restrictive or affirmative, taken under these guidelines, shall be in the interest of an efficiently managed DRA program, and will be without self- interest on the part of any member of the New Hanover County Board of Commissioners or New Hanover New Hanover County NC Disaster Recovery Act Procurement / Contract Award Policy 10/2019 Board of Commissioners - October 21, 2019 ITEM: 16- 3 - 3 NC DISASTER RECOVERY ACT PROCUREMENT /CONTRACT AWARD POLICY County staff; and furthermore, shall be without regard to race, creed, sex, color, or national origin. • The New Hanover County Board of Commissioners realizes the importance of prompt action in the interest of maintaining satisfactory work progress. Therefore, the New Hanover County Manager is hereby authorized to approve and execute all professional services procurement, housing rehabilitation, housing elevation, replacement housing, and demolition contracts. Adopted this day of 12019 Jonathan Barfield, Jr., Chairman New Hanover County Board of Commissioners ATTEST: Kymberleigh G. Crowell, Clerk to the Board New Hanover County NC Disaster Recovery Act Procurement / Contract Award Policy 10/2019 Board of Commissioners - October 21, 2019 ITEM: 16- 3 - 4 STATE OF NORTH CAROLINA NORTH CAROLINA OFFICE OF STATE BUDGET & MANAGEMENT MOA No.: MOA Amount: DPS Fund Code No.: OSBM Cost Center Nos.: r,21C NEW HANOVER COUNTY MEMORANDUM OF AGREEMENT DRA_FLO_XXXXXX $2,000,000 2D24XXXX- 2XXX 2XXX MOA Performance Period of Performance: October —, 2019 - December 31, 2021 This agreement made on this the day of October 2019, by and between NEW HANOVER COUNTY ( "County ") and the NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY'S DIVISION OF EMERGENCY MANAGEMENT ( "NCEM "), through its program management partner NORTH CAROLINA OFFICE OF STATE BUDGET & MANAGEMENT — DISASTER RECOVERY SECTION ( "OSBM -DR "), for Florence Disaster Recovery Act ( "DRA ") of 2018 (S.L. 2017 -136) grant assistance (hereinafter the "MOA" or "Agreement "). The intent of this MOA is to: provide greater flexibility in expediting and completing the projects identified by the County to benefit its residents; reduce the administrative burden on the County in managing the projects and complying with the requirements of the grant; and to advise the County that OSBM -DR will provide any technical assistance needed by the County and any of its contractors in completing Hurricane Florence related housing recovery projects. WITNESSETH: WHEREAS, Governor Roy Cooper (the "Governor ") issued Executive Order No. 51 on September 7, 2018, which declared a State of Emergency as defined in N.C. Gen. Stat. § 166A- 19.3(19) for the entire State of North Carolina (the "State "), to provide for the health, safety, and welfare of residents and visitors in the path of Hurricane Florence; WHEREAS, on or about September 14, 2018, the President of the United States, Donald J. Trump, declared that a major disaster existed in North Carolina and ordered federal aid to supplement State, Tribal, and local recovery efforts in the areas affected by Hurricane Florence beginning on September 7, 2018, more specifically identified in FEMA- 4393 -DR (North Carolina Disaster Declaration); Board of Commissioners - October 21, 2019 ITEM: 16- 4 - 1 WHEREAS, NEW HANOVER COUNTY (hereinafter the "County ") was one of the Counties included in the Hurricane Florence federal disaster declaration, because many public buildings and homes, business, buildings, facilities, and personal property owned or rented by residents in the County were destroyed or damaged by winds and/or floodwaters associated with Hurricane Florence (hereinafter collectively referred to as the "storm survivors "); and WHEREAS, the North Carolina General Assembly passed the 2018 Hurricane Florence Disaster Recovery Act (S.L. 2018 -136) requiring the executive branch to develop, implement and fund disaster assistance programs to meet the housing recovery and support needs of individuals in the Counties impacted by Hurricane Florence ( "HF- DRA18 "); NOW THEREFORE, in consideration of the mutual promises contained herein, the County and OSBM -DR agree as follows: I. SCOPE OF SERVICES: Pursuant to (S.L. 2018 -136), the County may use MOA grants funds for the following housing - related activities: a) Repair or rehabilitation of owner - occupied housing. b) Housing elevation, buyout and acquisition activities that can mitigate future flood damage, and mitigation reconstruction for homes who have not received an active award through the FEMA Hazard Mitigation Grant Program. C) State Acquisition Relocation funds, which enable homeowners to purchase homes outside the floodplain primarily in the County. d) Flood insurance subsidies. e) Temporary housing, rental, storage and/or moving assistance that may be needed by storm victims during the reconstruction, rehabilitation and/or replacement of their homes and, in which, the victims received no or limited assistance from FEMA or non - profit organization for such assistance. f) Project delivery and grant administration. The County may set aside 10% of the grant award for project management, engineering, construction management, appraisals, title opinions, legal fees for closing acquisitions, applicant screening and related administrative or project delivery costs. The County can choose to utilize internal staff or secure external contractors or consultants who have expertise in disaster recovery housing assistance. II. APPLICANT HOUSEHOLD INCOME ELIGIBILITY REQUIREMENTS The County shall use a uniform homeowner application form provided by OSBM -DR, MOA is hereby amended to clarify that the LMI requirement only applies to the scope of service activities described above and as further addressed in the State DRA Eligibility Criteria Table below. For all other activities that have no LMI requirement, households may be eligible for 2 Board of Commissioners - October 21, 2019 ITEM: 16- 4 - 2 assistance if the household income does not exceed $84,260 for a single or multi - person household' in the following table: Income Eligibility Requirements Table Number of household Annual Income can be family members or full- no greater than time occupants that A. Criteria for Single- Family Home Repairs exceed 18 years of age: (Rehabilitation): Damage total should be Single occupant household $84,300 Two or more - person $84,300 household. This new guidance shall apply to new county program applicants, new projects that are added to the County's grant by OSBM -DR, or former applicants whose projects are reconsidered if County has remaining grant funds after completion of the currently approved projects. STATE HF -DRA 2018 ELIGIBILITY CRITERIA (* Denotes a limitation that may be exceed if County obtains prior approval from OSBM -DR) SL 2018 -136 Provisions Property Ellobility Criteria Household Eligibility Criteria 1. For repair or reconstruction A. Criteria for Single- Family Home Repairs i. CDBG -DR denial letter; or, (Rehabilitation): Damage total should be of owner - occupied low- to moderate - income housing. less than 51% of home's pre- disaster ii. DRA application dated and signed before market or tax value for the home to be the State of North Carolina has started the eligible for rehabilitation. * The grant process for receiving and reviewing amount for a rehabilitation project, per CDBG -DR applications' or household, may not exceed $85,000. iii. OSBM -DR or it is deleted assignee has B. Criteria for Single- Family Home Repairs provided a written exception based on the (Reconstruction): Damages should be equal applicant families current housing to or over 51% of home's pre- disaster condition presents a serious and imminent market or tax value for the home to be danger to the occupants' public health and eligible for reconstruction. The grant safety amount for a reconstruction project may not exceed $127 per square foot* or may iv. 2018 family income must fall within the not exceed a total cost of $170,000. * applicable LMI income limits as noted above. C. Reimbursement Criteria for Single - Family Home Repairs: Out -of- pocket expenses V. OSBM -DR has the discretion to waive incurred within three years of October 8, any eligibility requirements in cases 2016, to clean and repair their homes prior where continued occupancy of the home: to applying to the Homeowner Recovery creates a threat to life safety; occupants Program. Must have receipts that are will be living in unsafe or unsanitary verified by inspections and program staff conditions, and/or the occupants will be and that exceed funding provided by exposed to health hazards that have not FEMA, SBA, private insurance, or other been properly abated. 1 The AMI calculation was based on the Johnston County's AMI calculations, because it was the county in the Hurricane Florence declared disaster area with the highest AMI. Board of Commissioners - October 21, 2019 ITEM: 16- 4 - 3 STATE HF -DRA 2018 ELIGIBILITY CRITERIA (continued) SL 2018 -136 Provisions Property EllgibUity Criteria Household EfigibUity Eligibility Criteria 1. For repair or reconstruction charitable organizations. Reimbursement of owner- occupied low- to grants may not exceed $30,000. moderate - income housing. D. Reimbursement Criteria for Manufactured Home Repairs: Damages should be equal to or less than 50% of its pre- disaster market or tax value. The manufactured home must have a minimum unmet need of at least $1,000. Reimbursement grants may not exceed $30,000. * E. Repair Criteria for Manufactured Home (Rehabilitation): Damages should be equal to or less than 50% of its pre- disaster market or tax value. * The manufactured home must have a minimum unmet need of at least $1,000. Through inspection it must be determined that after repairs, the home must be decent, safe, and sanitary. Repair grants may not exceed $90 per square foot or must not exceed a total of $37,500. F. Replacement of Manufactured Home: Damages should be over 50% of the market or tax value. * The replacement costs for a manufactured home shall not exceed $65,000* for a single -wide unit and $90,000 for a double -wide unit. Replacement grants may not exceed $90.00 per square foot in replacement costs. * G. Elevations: The damage to the home must be equal to or exceed 50% of the home's pre- disaster market or tax value and reconstruction (or major rehabilitation in cases where homeowner does not elect reconstruction and repair costs do not exceed the cost to reconstruct the home) may include engineering and construction costs to elevate the home or manufactured home to at least two (2) feet above Base Flood Elevations (BFE) or the minimum elevation requirement defined and required by the County, whichever imposes the highest elevation. Notwithstanding the floodplain mapping for the County and any State or County elevation requirement, the Board of Commissioners - October 21, 2019 ITEM: 16- 4 - 4 STATE HF -DRA 2018 ELIGIBILITY CRITERIA (continued) SL 2018 -136 Provisions Property Eligibility Criteria Household Eligibility Criteria 1. For repair or reconstruction G. (Continued) of owner- occupied low- to home should be elevated at least two (2) moderate - income housing. feet above the highest flood level experienced at the home during Hurricane Matthew, Hurricane Florence and/or other recent flood event, which must also exceed the State or County minimum elevation requirement. OSBM -DR and/or County reserve the right to offer to the homeowner the option to buyout the property, if the elevations cost will significant exceed the value of the home. A probable cost estimate for the elevation must be prepared by a licensed engineer, licensed general contractor, licensed elevation subcontractor, or such other business or individual experienced in construction estimating. The County must share the cost estimate with OSBM -DR before final approval. * If OSBM -DR prepares the cost estimate for an elevation, OSBM -DR will share the cost estimate with the County. Before procuring a contractor to rehabilitate and elevate an existing home, the County must obtain a written opinion or assessment as to the proposed elevation of the home by a NC licensed engineer or an NC licensed contractor specializing in building elevations, which takes into consideration the condition of the property, structural members, proposed means and methods for elevating the structure, risks of additional damage, and safety during the elevation of the home. Board of Commissioners - October 21, 2019 ITEM: 16- 4 - 5 STATE HF -DRA 2018 ELIGIBILITY CRITERIA (continued) SL 2018 -136 Provisions Property Eligibility Criteria Household Eligibility Criteria 2. To be used for housing Elevation Criteria (Single Family): Same i. FEMA, NCEM, or County denial letter elevation, acquisition, and criteria as DRA Activity 1.G or written documentation that outlines mitigation reconstruction. reasoning that the applicant is not Acquisition Criteria (Single Family): Any eligible for FEMA HMGP assistance. buyout or "acquisition" home must be located in a flood -prone area, elevation is not a feasible or option for the property, and/or the acquisition of the structure would minimize flood risks or Documentation that the homeowner support storm water mitigation. missed the FEMA HMGP application deadline. Criteria for Single - Family Mitigation Reconstruction: Same criteria as DRA ii. North Carolina DRA Policy does not Activities 1.13 (single - family homes) and 1.F include family income limits consistent (manufactured homes). with Federal HMGP policies. The maximum fair market appraised value of homes considered for acquisition may not exceed $276,000 household and property. 3. To provide State Provides a gap payment that would not exceed DRA 17 funds may only be used to assist LMI Acquisition Relocation $50,000 to relocate from current damaged households as described in the Income Funds ( "SARF "), which home to similar housing unit outside of the Eligibility Requirements Table above. enable low- to moderate- special flood hazard area. Payment could be a income homeowners to difference payment not covered by CDBG -DR purchase homes outside the or other federal programs. In addition, to the special flood hazard area. gap payment, the County may also provide applicants with up to an additional $5,000 in moving costs. The replacement home must be located within the County in order for homeowner to receive the maximum SARF assistance, unless an urgent or pressing need exists to waive this requirement. The replacement home must be determined to be decent, safe, and sanitary. "General Note: Any exception to any of the eligibility limitation or cost limitation will be handled on a case -by -case basis by OSBM -DR and must be supported by any of the following: an urgent and pressing need; an emergency that threatens the life, safety or health of the occupants of a home; all the bids from a competitive solicitation exceeded the applicable cost limitation or lack of competition; increased financial burden or hardship to homeowner(s) (e.g., increased tax burden if home is reconstructed instead of rehabilitated); accessibility (ADA) construction needs, issues or requirements; lack of temporary housing in the area; or such other circumstances, events, issues or needs that may require an exception to any eligibility limitation. With respect to the unit costs and not to exceed levels, OSBM reserves the right to notify the county of allowed increases to these unit costs, as the market for construction related goods and services incurs increases in costs associated with inflation or market -based increases in pricing. Board of Commissioners - October 21, 2019 ITEM: 16- 4 - 6 III. LIMITATIONS ON THE USE OF FUNDS: The following limitations on the use of funds apply: a) Limited Activities: No funds provided under this MOA may be used for activities that are not listed in Section II above. b) Proposal Submission: County is required to submit a plan or proposal to OSBM -DR for the proposed projects and/or households consistent with the terms of this grant. After OSBM -DR approval of County's plan or proposal, OSBM -DR may request copies of County's contracts, invoices and /or records of payments for any of County's contractors providing services and construction for County under this grant. The County must submit amended plan or proposal for the use of funds, which must be approved by OBSM -DR before the County begins work on the new activity or new project and/or before it seeks reimbursement for any costs associated with the new activity or project under this MOA. The amended plan or proposal shall include, at a minimum, the following: (i) the specific tasks to be performed; (ii) the identity of the County entity or contractor who will provide the work and/or materials; (iii) costs for each task to be performed; and (iv) the estimated time to perform the work. c) Eligibility Limitations: In determining homeowner eligibility, the County will provide OSBM -DR with a critical needs listing of the most pressing homeowner hardship cases that are in need of immediate housing recovery services. These critical needs cases should focus on the elderly, disabled, lower income, potential failures of current dwellings, and related public health, safety and welfare considerations. OSBM -DR and the County will prioritize the use of grant funds to assist homeowners facing exigent conditions in a home that risk the life safety, health, and well -being of the home occupants. OSBM -DR working in collaboration with the County, will also undertake reasonable best efforts to ensure potential federal housing recovery sources are provided due consideration, and /or that OSBM- DR or the County will administer this grant program in a manner that may support federal housing program reimbursements of state DRA disbursements. Should the administration of these state DRA funds, to the extent practicable, create a material conflict with a homeowner's eligibility for funding under other federal disaster recovery programs, the County or OSBM -DR must document the exigent circumstances that warrant immediate support and utilization of state DRA funding supported by this Agreement. An example of material best efforts to prioritize federal funding recover support include but are not limited to: an analysis or status assessment of the homeowner's eligibility for Community Development Block Grant Disaster Recovery Program (CDBG -DR) housing recovery assistance and/or likely eligibility for FEMA HMGP assistance). d) 100 -Year Floodplain Limitations: No funds provided under this MOA maybe expended for the construction of any new residence within the 100 -year floodplain Board of Commissioners - October 21, 2019 ITEM: 16- 4 - 7 unless the construction is in an area regulated by a unit of local government pursuant to a floodplain management ordinance and the construction complies with the ordinance. As used in this provision, "100 -year floodplain" means any area subject to inundation by a 100 -year flood, as indicated on the most recent Flood Insurance Rate Map prepared by the Federal Emergency Management Agency under the National Flood Insurance Program. e) Flood Insurance: Homeowners in the 100 -year floodplain who receive homeowner's housing assistance pursuant to this MOA shall be required to acquire and maintain flood insurance, and shall execute a Declaration of Covenant, Conditions and Restrictions ( "Covenant ") that requires the damaged property to be insured by flood insurance for the life of the home. The Covenant will be executed at Grant Closing, recorded with the County Register of Deeds and shall encumber the property in perpetuity. Any homeowner in the 100 -year floodplain who receives assistance through this MOA shall be prohibited from receiving state assistance for future flood events if that homeowner fails to maintain flood insurance after receiving assistance through this MOA. Such homeowners must be notified of this requirement when receiving assistance through this MOA. North Carolina will follow federal HUD guidance to ensure all structures meet guidelines spelled out in 24 C.F.R. Part 55. f) Floodplain Status & Insurance: No funds may be obligated or expended in any project activity until the County provides OSBM -DR with a certification that the project is not in a floodplain, or with certification that the recipient participates in the flood insurance program. All properties assisted in the project shall comply with applicable floodplain regulations. Counties may opt to provide flood insurance —at grant closing for reimbursements or at project closeout for repairs, reconstructions, and replacements —for a period not to exceed two years. Thereafter, all properties assisted with funding under this Agreement must maintain insurance coverage. g) Insurance Subrogation: If a person's home is repaired, reconstructed or relocated with funds from the state - funded Hazard Mitigation Grant Program or the State Acquisition and Relocation Fund, the applicant receiving the state assistance shall authorize and approve that the State Emergency Response and Disaster Relief Fund be subrogated to the person's rights to secure insurance coverage for the damage to the home and any monies received from the insurance coverage shall be paid to the State Emergency Response and Disaster Relief Fund. NCEM and grantee shall ensure that those homeowners or applicants potentially affected by this section are notified of, and adhere to, its requirements. h) PropertyType Limitations: Only the following types of real property may be rehabilitated under this MOA: wood -frame built homes, manufactured homes, and modular housing. Although rehabilitation is the primary objective for funding, if the County determines that rehabilitation is not feasible, then complete reconstruction or demolition and relocation are acceptable options. If a home is within a 100 -year floodplain, 500 -year floodplain, or experienced flooding in the floor of occupied living space if the home was outside either of the two foregoing floodplains, the Board of Commissioners - October 21, 2019 ITEM: 16- 4 - 8 County and /or OSBM -DR reserve the right to offer the homeowner a buyout of the property in lieu of reconstruction, rehabilitation or elevation, especially when the costs of the proposed housing assistance greatly exceed the value of the subject home and/or replacement of affordable housing in the County is not a priority unmet need for the County. i) Similar Size and Function: For homes that are reconstructed or replaced, they shall be reconstructed or replaced with models of substantially similar size, construction and function (e.g., manufactured home for manufactured home, modular home for modular home, wood -frame construction for wood -frame construction, etc.). Repairs, reconstruction, and replacement shall be substantially similar in scope, size, and function to the original damaged property. Notwithstanding the foregoing, the County and OSBM -DR have the flexibility and discretion to work with homeowners to provide a reconstruction or replacement that best serves the needs of the homeowner and /or the DRA/HM program subject to the eligibility criteria and limitations above. The County and/or OSBM -DR may offer different reconstruction or rehabilitation options to homeowners to: address exigent conditions in a home that threaten life safety, health, and well -being of the occupants; financial hardship of the homeowner; or such other unmet need of the County related to the replacement of housing within the County on a case -by -case basis. Subject to availability and construction/production scheduling, the County and /or OSBM -DR may provide eligible homeowners an option to select: a modular home to replace wood -frame constructed home; select a home plan that is smaller size or different room configuration than the home being reconstructed; or select a manufactured home in lieu of wood -frame or modular construction; or other alternative that the homeowner may agree to. j) Acquisition Buyout Deed Restrictions: For homes that are approved for a buyout or acquisition, any land purchased with DRA funds must be deed - restricted to restrict future use, in perpetuity to: open space; parks; recreation; and/or floodplain or wetlands management. If the County takes ownership of the land, the deed restrictions still apply. k) Applicant Equity to Other Recovery Programs: The homeowner or applicant who applies to the County or NCEM /OSBM -DR for benefits under this Agreement should not receive benefits or compensation that would materially exceed benefits that are provided for similar activities by other federal Housing Recovery Programs. Any exceptions to these limitations will be handled on a case -by -case basis and must be supported by a compelling justification. IV. COMPENSATION: NCEM /OSBM -DR will provide the County $2,000,000 under this MOA. The entirety of the MOA amount is a grant to the County by NCEM. The County may, in its discretion, elect to revert the funds to the State to implement some or all of the activities of the program on the County's behalf. If the County retains the grant funds, 9 Board of Commissioners - October 21, 2019 ITEM: 16- 4 - 9 the County will submit quarterly reports to document the use of the funds expended in the prior three -month period. A final report documenting the use of all funds under this MOA must be submitted to OSBM -DR no later than June 31, 2021. If the term of the Agreement is extended, the County's reporting requirements shall likewise be extended. Any funds not expended by December 31, 2021 are subject to the claw -back provisions of Paragraph VI below. V. REIMBURSEMENT: All cost must be verified through receipts and other documents. Payment shall be submitted to the County after receipt of completed and documented invoices, within 15 business days after receipt of invoices. Cost reports and invoices shall be submitted to the following program manager for the NCEM: North Carolina Office of State Budget and Management - Disaster Recovery Section Office of State Budget and Management 430 N. Salisbury Street, Room 2028 MSC 20320 — Raleigh, NC 27699 -0320 Raleigh, NC 27603 The County must include an original, signed copy of each cost report. VI. CLAW -BACK: NCEM or OSBM -DR reserves the right to recover grant funds or de- obligate any remaining grant funds after this Agreement's expiration date or before the expiration date of this Agreement, should the County be found in noncompliance with any material term of this Agreement; an audit finding discloses an improper use of grant funds; or it becomes apparent that the County will not be able to expend the funds prior to the expiration date of this Agreement. OBSM -DR will provide the County with reasonable notice of any deficiency, audit finding, or noncompliance issue and OSBM- DR will make every effort to work with the County to resolve the issue informally before seeking a claw -back under this provision. VII. REGULATION: The funds awarded under this Agreement must be used in compliance with all applicable state and federal laws governing their use. By accepting this payment, the below official agrees to use these funds in a manner consistent with state laws and regulations. VIII. TAXES: The County shall be responsible for all taxes. IX. WARRANTY: The County will hold NCEM and OSBM -DR harmless for any liability and personal injury that may occur from or in connection with the performance of this Agreement to the extent permitted by the North Carolina Tort Claims Act. Nothing in this Agreement, express or implied, is intended to confer on any other person any rights or remedies in or by reason of this Agreement. This Agreement does not give any person or entity other than the parties hereto any legal or equitable claim, right or remedy. This Agreement is intended for the sole and exclusive benefit of the parties hereto. This Agreement is not made for the benefit of any third person or persons. No third party may 10 Board of Commissioners - October 21, 2019 ITEM: 16- 4 - 10 enforce any part of this Agreement or shall have any rights hereunder. This Agreement does not create, and shall not be construed as creating, any rights enforceable by any person not a party to this Agreement. Nothing herein shall be construed as a waiver of the sovereign immunity of the State of North Carolina. X. POINTS OF CONTACT: To provide consistent and effective communication between the NCEM and the County, each party shall appoint a Principal Representative(s) to serve as its central point of contact responsible for coordinating and implementing this MOA. For the OSBM IF DELIVERED BY US POSTAL IF DELIVERED BY ANY OTHER SERVICE MEANS Stephanie Alsay, Business Officer Stephanie Alsay, Business Officer Office of State Budget and Management Office of State Budget and Management 430 N. Salisbury Street 430 N. Salisbury Street MSC 20320 — Raleigh, NC 27699 -0320 MSC 20320 — Raleigh, NC 27699 -0320 Raleigh, NC 27603 Raleigh, NC 27603 Direct: 919- 807 -4672 Direct: 919- 807 -4672 Email: stephanie.alsaygosbm.nc.gov Email: stephanie.alsaykosbm.nc. -og_v For the COUNTY IF DELIVERED BY US POSTAL IF DELIVERED BY ANY OTHER SERVICE MEANS Elizabeth Schrader, Chief Strategy Elizabeth Schrader, Chief Strategy Officer and Recovery Manager Officer and Recovery Manager Office of Strategy Office of Strategy 230 Government Center Drive, Suite 191 230 Government Center Drive, Suite 191 Wilmington, NC 28403 -1732 Wilmington, NC 28403 -1732 Direct: 910 - 798 -7491 Direct: 910 - 798 -7491 Email: bschrader(a),nhcg_ov.com Email: bschraderC&,nhcgov.com Board of Commissioners - October 21, 2019 ITEM: 16- 4 - 11 XI. PUBLIC RECORD ACCESS: This Agreement is subject to the North Carolina Public Records Act, Chapter 132 of the North Carolina General Statutes. XII. AUDITING & ACCESS TO PERSONS AND RECORDS: In accordance with N.C. Gen. Stat. § 147 -64.7, the staff from the North Carolina Office of State Auditor, DPS, NCEM, Office of State Budget and Management, or other applicable state agency internal auditors shall have access to County officers, employees, agents and/or other persons in control of and /or responsible for the records that relate to this Agreement for purposes of conducting audits and independent evaluations. These parties shall also have the right to access and copy any and all records relating to the Agreement during the term of the Contract and within two years following the completion of project close -out, to verify accounts, accuracy, information, calculations and /or data affecting and/or relating to payments, requests for change orders, change orders, claims for extra work, requests for time extensions and related claims for delay /extended general conditions costs, claims for lost productivity, claims for loss efficiency, claims for idle equipment or labor, claims for price /cost escalation, pass - through claims of subcontractors and/or suppliers, and /or any other type of claim for payment or damages from NCEM and/or OSBM -DR, or associated state parties and affected homeowners. The County shall store and maintain the original files related to this Agreement and accounting records for the grant funds pursuant to the County's document retention policies or six years from the closeout of the last DRA or HM project, whichever is later. XIII. SITUS: This Agreement shall be governed by the laws of North Carolina and any claim for breach or enforcement shall be filed in state court in Wake County, North Carolina. XIV. ANTITRUST LAWS: This Agreement is entered into in compliance with all State and Federal antitrust laws. XV. OTHER PROVISIONS /SEVERABILITY: Nothing in this Agreement is intended to conflict with current laws or regulations of the State of North Carolina, Department of Public Safety, North Carolina Emergency Management, or the County. If a term of this Agreement is inconsistent with such authority, then that term shall be invalid, but the remaining terms and conditions of this Agreement shall remain in full force and effect. XVI. COMPLIANCE: The County shall be wholly responsible for financing to be made under this MOA and for the supervision of its employees and assistants. The County shall be responsible for compliance with all laws, ordinances, codes, rules, regulations, licensing requirements and other regulatory matters that are applicable to the conduct of its business and purchase requirements performed under this MOA. Recipient is reminded that all funds are subject to the requirements of the Local Government Budget and Fiscal Control act, including but not limited to all budgeting and pre -audit requirements. XVII. MODIFICATION: This Agreement may be amended only by written amendments duly executed by the Director of OSBM -DR and the County Manager. Notwithstanding the 12 Board of Commissioners - October 21, 2019 ITEM: 16- 4 - 12 foregoing, the formal modification of this Agreement shall not be required for the following: changes in grant funding; changes in grant monitoring and compliance; changes in the scope of work for any projects; changes in the type of recovery for a project (e.g., rehabilitation to reconstruction, etc.); changes in the number of projects; changes in auditing requirements; and/or such other matters that County and OSBM -DR may agree to during the term of this grant. OSBM -DR will give advance notice of all changes to the County, and any change that may reduce the amount of the grant to the County shall be subject to agreement and acceptance by the County formally or informally. as by County policy. XVIII. TERMINATION: The terms of this Agreement, as modified with the consent of all parties, will remain in effect until December 31, 2 02 1. Upon written request for a term extension by the County to OSBM -DR, this agreement may be extended for one additional year. County or OSBM -DR may terminate this Agreement, in whole or in part, by providing written notice to the other party at least 30 days before the effective date of termination set forth in the notice. After the issuance of any written notice of termination, the County within the 30 -day period shall provide an account of all pending payment obligations to its contractors managing projects, constructing projects, and/or working on mitigation buyouts as well as an account for all bills that may become due within 30 days following termination. NCEM or OSBM -DR may require County to return of unspent funds that will not be needed to pay County's obligations that are due prior to the effective date of termination. County will forward all invoices it receives from its contractors to OSBM- DR after the effective date of termination, which OSBM -DR will process and pay all eligible bills, costs, fees and /or expenses. NCEM or OSBM -DR shall have the right to assume all County's projects and contracts so that all DRA and HM projects that were not completed by the County may be completed by OSBM -DR. The County agrees to execute all necessary documents to assign its contracts and projects to NCEM/OSBM -DR and make reasonable efforts to have its contractors agree to the requested assignments. The County may also delegate or assign to OBSM -DR any project to manage, construct or buy -out without seeking termination of the Agreement. XIX. EXECUTION AND EFFECTIVE DATE: This Agreement shall become effective upon return of this amended Memorandum of Agreement, properly executed on behalf of the County, to OSBM -DR and will become binding upon execution of all parties to the Agreement. Once executed, the terms of this Agreement will be made effective as of December 1, 2018. XX. ENTIRE AGREEMENT: This Agreement and any annexes, exhibits and amendments annexed hereto and any documents incorporated specifically by reference represent the entire Agreement between the parties and supersede all prior oral and written statements or agreements. 13 Board of Commissioners - October 21, 2019 ITEM: 16- 4 - 13 IN WITNESS WHEREOF, the parties have each executed this Agreement and the parties agree that the effective date of this Agreement shall be October _, 2019. NC OFFICE OF STATE BUDGET & MANAGEMENT COUNTY OF NEW HANOVER :• Nels C. Roseland Chris Coudriet Deputy State Budget Director County Manager DATE DATE 14 Board of Commissioners - October 21, 2019 ITEM: 16- 4 - 14 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 21, 2019 REGULAR DEPARTMENT: Finance PRESENTER(S): Lisa Wurtzbacher, Chief Financial Officer CONTACT(S): Lisa Wurtzbacher and Sheryl Kelly, Budget Officer SUBJECT: Public Hearing and Adoption of Budget Amendment to Make Payment to National Gypsum for Economic Incentive BRIEF SUMMARY: On April 2, 2018, the Board of County Commissioners approved awarding an economic development incentive to National Gypsum to re -open its shuttered Wilmington plant. The incentive was a partnership with the City of Wilmington with New Hanover County providing up to $350,000 over five years and the City of Wilmington providing up to $230,000 over five years. To receive the full incentive, National Gypsum was required to invest $25,000,000 in taxable property and add 51 full -time equivalents with an average salary at or above $57,000. The public hearing on annual inventive payments was held on June 3, 2019 as a part of the normal budget process and no notification that National Gypsum had met its incentive requirements had been received at that time. As such, National Gypsum's incentive payment was not included in the public hearing. On June 25, 2019, the County received notification that the first incentive payment would be requested. All environmental requirements as spelled out in the agreement have been met by National Gypsum. National Gypsum's direct investment in taxable property totaled $13,226,706 and the full -time equivalent requirement was met. Based on the criteria, National Gypsum is eligible for a partial payment of $53,517. To make the incentive payment due to National Gypsum, we must have a public hearing on the payment and must have a budget amendment approved to budget for the payment. A notice for the public hearing was published October 9, 2019. A budget amendment moving funds from general government to economic development of $53,517 is included for approval. No additional fund balance is requested to be utilized. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Attract and retain new and expanding businesses RECOMMENDED MOTION AND REQUESTED ACTIONS: Board of Commissioners - October 21, 2019 ITEM: 17 Conduct public hearing and approve economic development appropriation for National Gypsum in the amount of $53,517 through the adoption of BA20 -014. ATTACHMENTS: Script Budget Amendment COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Conduct public hearing. Recommend approval. COMMISSIONERS' ACTIONS: Conducted public hearing and approved 5 -0. Board of Commissioners - October 21, 2019 ITEM: 17 SCRIPT FOR AGENDA ITEM October 21, 2019 CHAIRMAN BARFIELD: We will now open a public hearing to receive comments on appropriations and expenditures for economic development and economic incentive agreements. The source of funding for the incentive agreement will be from the General Fund of the County. The purposes of economic development and economic incentive agreements are to increase the population, taxable property, agricultural industries, employment, industrial output, or business prospects for New Hanover County. On April 2, 2018, the Board approved awarding an economic development incentive to National Gypsum to re -open its Wilmington plant. The incentive was a partnership with the City of Wilmington with New Hanover County providing up to $350,000 over five years and the City of Wilmington providing up to $230,000 over five years. To receive the full incentive, National Gypsum was required to invest $25,000,000 in taxable property, add 51 full -time equivalents with an average salary at or above $57,000 and meet environmental requirements. Because National Gypsum had not notified New Hanover County it had met incentive requirements during the annual budget process, its incentive payment was not included in the public hearing held on June 3, 2019. To make the incentive payment due to National Gypsum now it has met all requirements, the Board must hold a public hearing on the incentive payment and approve a budget amendment for the payment of $53,517. No additional fund balance is requested to be utilized. The Board will now hear public comments. Hear comments, if any. I will now close the public hearing. Is there a motion to approve the Budget Amendment in the amount of $53,517? Motion Staff is directed to do any and all things necessary to finalize the appropriation and expenditure for this incentive agreement. Page IofI Board of Commissioners - October 21, 2019 ITEM: 17- 1 - 1 AGENDA: October 21, 2019 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2020 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2020. Section 1: Details of Budget Amendment Strategic Focus Area: Intelligent Growth / Economic Development Strategic Objective(s): Attract/ retain new and expanding businesses Fund: General Department: Various Ex enditure: Decrease Increase Total BA 20 -014 National Gypsum Company Incentive $ 53,517 $ 53,517 BA 20 -014 Property Management $ (53,517) $ (53,517) Total $ (53,517)1 $ 53,517 $ - Revenue: Decrease Increase Total Total $ - I $ =1$ - Prior to Actions Total if Actions Today Taken Fund Budget $ 305,547,738 $ 305,547,738 Section 2: Explanation BA 20 -014 transfers $53,517 from the Property Management Department to the Economic Incentive Division to provide funds as an incentive to National Gypsum Company to reopen, refurbish and operate the existing Gypsum facility located at 838 Sunnyvale Drive in Wilmington, North Carolina. Funds are available for transfer from the Property Management Department due to savings realized in contracted services. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 20 -014 amending the annual budget ordinance for the fiscal year ending June 30, 2020, is adopted. Adopted, this 21st day of October, 2019. (SEAL) Jonathan Barfield, Jr., Chairman ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - October 21, 2019 ITEM: 17- 2 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 21, 2019 REGULAR DEPARTMENT: Planning PRESENTER(S): Brad Schuler, Senior Planner CONTACT(S): Brad Schuler; Wayne Clark, Planning & Land Use Director SUBJECT: Quasi - Judicial Hearing Special Use Permit Request (S19 -02) — Request by Tribute Companies on Behalf of the Property Owner, Coswald, LLC, for a Special Use Permit to Develop Residential Uses Within a Commercial District on Approximately 15.6 Acres of Land Located in the 200 Block of Lendire Road, Near the 7200 Block of Market Street BRIEF SUMMARY: The Zoning Ordinance allows for dwelling units to be permitted in the B -1 or B -2 zoning district with a Special Use Permit provided the units are part of a mixed -use development. The mixed -use development should provide for 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 activities. When this option is utilized, commercial uses within the development must be limited to those permitted in the B -1 district, even for sites zoned B -2. The B -1 district permits traditional commercial uses, like retail establishments, restaurants, and offices. The heavy commercial /light industrial type uses allowed in the B -2 district are prohibited underthe specific standards forthis Special Use Permit. The proposed mixed -use development will consist of up to 288 dwelling units located within apartment buildings and mixed -use buildings, and approximately 7,500 square feet of commercial building space. The commercial uses proposed are office and retail businesses. The buildings will range from one to three stories and be restricted to a maximum height of 35 feet. The conceptual plan includes two mixed -use buildings located on the southern portion of the site adjacent to Lendire Road. The buildings would permit office and retail uses on the ground floor and residential units above the commercial space. One building is proposed to be two stories and contain 4 dwelling units, and the other is proposed to be three stories with 20 dwelling units. 264 of the proposed dwelling units will be located within 11 three -story apartment buildings. The project will also contain an amenity building and outdoor swimming pool for the residents. The site is located within the Market /Middle Sound commercial node, near the intersection of Market Street and Middle Sound Loop Road /Lendire Road. This node contains several commercial businesses including, but not limited to, retail establishments (Publix and Big Lots shopping centers), restaurants (Odgen Tap Room, Smithfields BBQ, Denny's, Bojangles), personal services (Tame The Mane, The Corner Buzz, dry cleaners), specialty restaurants (Casa Blanca Coffee, Starbucks), and craft beer establishments (Fermental Wine & Beer, The Sour Barn). Board of Commissioners - October 21, 2019 ITEM: 18 The subject 15.6 -acre site is part of a larger parcel, approximately 30 acres in size, zoned B -2. The parcel is currently undeveloped. Under the existing B -2 zoning, the applicant estimates that the site would support about 116,000 square feet of shopping center related uses (retail, restaurants, and offices). The proposed project (288 multi- family units and 7,500 square feet of office /retail space) is estimated to generate fewer trips than what is typically possible under the current B -2 zoning, including about 345 less trips in the AM peak hours and 350 less trips in the PM peak hours. The applicant has completed a Traffic Impact Analysis (TIA) which has been approved by NCDOT and the WMPO. The approved TIA requires a westbound right turn lane to be installed on Lendire Road at the site's access. The TIA analyzed the Level of Service (LOS) in vehicle delay per second at notable intersections in the area including Lendire Road /Middle Sound Loop Road at Market Street and "Old" Lendire Road at Market Street. The TIA found that the project will slightly increase the time it takes for vehicles to get through these intersections, but it will not reduce the overall LOS of the intersections from the level they are anticipated to operate at in 2021. The subject site is classified as Urban Mixed Use in the 2016 Comprehensive Plan, which promotes a mixture of commercial and residential uses at higher densities. The proposed mixed use development is generally CONSISTENT with the types and intensity of uses intended for Urban Mixed Use areas and the Comprehensive Plan's intent of providing an orderly transition of uses and densities from higher intensity to lower intensity areas. The Planning Board considered this application at their October 3, 2019 meeting. At the meeting six residents spoke in opposition citing concerns over drainage and flooding in the Ogden community, and other concerns. The Planning Board recommended approval of the application (7 -0) with the following conditions: 1. The project's stormwater facilities must be designed to accommodate a 100 -year storm event. 2. A 6- foot -tall solid wood fence shall be installed within the bufferyard located along the northwestern property line which abuts the Jacobs Ridge neighborhood. 3. As proposed and agreed to by the applicant, a 10 -foot multi-use path shall be installed along the site's frontage on Lendire Road and be extended south along the road so that it would connect to the future multi-use path to be installed by NCDOT near Ogden Business Lane as part of the Military Cutoff extension project (U- 4751). Installation of the multi-use path shall be coordinated with the County and NCDOT and be constructed in accordance with NCDOT's standards. The applicant is not required to obtain additional right -of -way in order for the multi-use path to be extended to the future multi-use path to be installed by NCDOT near Ogden Business Lane. Please see Exhibit 1 for the approximate location of the path to be installed with the development. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Attract and retain new and expanding businesses • Implement plans for land use, economic development, infrastructure and environmental programs • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Board of Commissioners - October 21, 2019 ITEM: 18 Example Motion for Approval: Motion to approve, 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 with the conditions as recommended by the Planning Board. [OPTIONAL] Note any additional findings of fact related to the four required conclusions. [OPTIONAL] Note any conditions be added to the development: [List Conditions] Recommended Conditions: 1. The project's stormwater facilities must be designed to accommodate a 100 -year storm event. 2. A 6- foot -tall solid wood fence shall be installed within the bufferyard located along the northwestern property line which abuts the Jacobs Ridge neighborhood. 3. As proposed and agreed to by the applicant, a 10 -foot multi -use path shall be installed along the site's frontage on Lendire Road and be extended south along the road so that it would connect to the future multi -use path to be installed by NCDOT near Ogden Business Lane as part of the Military Cutoff extension project (U- 4751). Installation of the multi -use path shall be coordinated with the County and NCDOT and be constructed in accordance with NCDOT's standards. The applicant is not required to obtain additional right -of -way in order for the multi -use path to be extended to the future multi-use path to be installed by NCDOT near Ogden Business Lane. Please see Exhibit 1 for the approximate location of the path to be installed with the development. Example Motion for Denial: Motion to deny, as the board cannot find that this proposal: 1. Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Zoning 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 to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. (State the finding(s) that the application does not meet and include reasons to why it is not being met] ATTACHMENTS: S19 -02 Script BOC 519 -02 Staff Report BOC 519 -02 Exhibit 1 519 -02 Neighboring Properties Map 519 -02 Zoning Map S19 -02 Future Land Use Map Applicant Materials 519 -02 Application Package Board of Commissioners - October 21, 2019 ITEM: 18 §19 =181 W &901:59PRF�hitectural Elevations Proposed Conceptual Site Plan Coversheet S19 -02 Proposed Conceptual Site Plan Public Comments S19 -02 Public Comments COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval with conditions as approved by the Planning Board unless greater weight of the competent and material evidence presented during the public hearing suggests that one or more of the required conclusions cannot be met. COMMISSIONERS' ACTIONS: The item was tabled for 90 days 5 -0 for the purpose of gathering more information about the condition of Lendire Road and stormwater mitigation. Board of Commissioners - October 21, 2019 ITEM: 18 SCRIPT for SPECIAL USE PERMIT Application (S19 -02) Request by Tribute Companies on behalf of the property owner, Coswald, LLC, for a special use permit to develop residential uses within a commercial district on approximately 15.6 acres of land located in the 200 block of Lendire Road, near the 7200 block of Market Street. 1. Swear witnesses: Announce that "the Special Use Permit process requires a quasi - judicial hearing; therefore, 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." 2. This is a quasi - judicial hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and additional 5 minutes for rebuttal. 3. Conduct hearing, as follows: a. Staff presentation b. Applicant' s presentation (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. Applicant's cross examination /rebuttal (up to 5 minutes) e. Opponent's cross examination /rebuttal (up to 5 minutes) 4. Close the hearing 5. Board discussion 6. Ask Applicant whether he /she agrees with staff findings. 7. Vote on the Special Use Permit application. 13 Motion to approve the permit - All findings are positive. ❑ Motion to approve the permit, subject to conditions specified below: (State Conditions) 13 Motion to deny the permit because the Board cannot find: a. That the use will not materially endanger the public health or safety if located where proposed for the following reason: b. That the use meets all required condition and specifications: c. That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity: Board of Commissioners - October 21, 2019 ITEM: 18- 1 - 1 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: Example Motion for Approval: Motion to approve, 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 with the conditions as recommended by the Planning Board. [OPTIONAL] Note any additional findings of fact related to the four required conclusions. [OPTIONAL] Also, that the following conditions be added to the development: Recommended Conditions: 1. The project's stormwater facilities must be designed to accommodate a 100 -year storm event. 2. A 6-foot-tall solid wood fence shall be installed within the bufferyard located along the northwestern property line which abuts the Jacobs Ridge neighborhood. 3. As proposed and agreed to by the applicant, a 10 -foot multi -use path shall be installed along the site's frontage on Lendire Road and be extended south along the road so that it would connect to the future multi -use path to be installed by NCDOT near Ogden Business Lane as part of the Military Cutoff extension project (U- 4751). Installation of the multi -use path shall be coordinated with the County and NCDOT and be constructed in accordance with NCDOT's standards. The applicant is not required to obtain additional right -of -way in order for the multi -use path to be extended to the future multi -use path to be installed by NCDOT near Ogden Business Lane. Please see Exhibit 1 for the approximate location of the path to be installed with the development. Example Motion for Denial: Motion to deny, as the Board cannot find that this proposal: 1. Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Zoning 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 to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. (State the finding(s) that the application does not meet and include reasons to why it is not being met] STAFF REPORT FOR S19 -02 SPECIAL USE PERMIT APPLICATION RESIDENTIAL USES IN A COMMERICAL DISTRICT SUP OVERVIEW • The Zoning Ordinance allows for dwelling units to be permitted in the B -1 or B -2 zoning district with a Special Use Permit provided the units are part of a mixed -use development. • The mixed -use development should provide for 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 activities. • When this option is utilized, commercial uses within the development must be limited to those permitted in the B -1 district, even for sites zoned B -2. The B -1 district permits traditional commercial uses, like retail establishments, restaurants, and offices. The heavy commercial /light industrial type uses allowed in the B -2 district are prohibited under the specific standards for this Special Use Permit. • In addition to the conceptual site plan, applications for this type the SUP must include architectural elevations and a conceptual lighting plan. APPLICATION SUMMARY Case Number: S19 -02 Request: SUP to allow residential uses within a commercial zoning district as part of a mixed -used development. Applicant: Property Owner(s): Mark Maynard, Jr — Tribute Companies Coswald, LLC Location: Acreage: 200 Block of Lendire Road, near the 7200 Block of 15.6 Market Street PID(s): Comp Plan Place Type: R04400- 001 - 003 -000 Urban Mixed Use Existing Land Use: Proposed Land Use: Undeveloped Mixed -Use Development Current Zoning: B -2 S19 -02 Staff Report PB 10.21.2019 Board of Commissioners - October 21, 2019 ITEM: 18- 2 - 1 Page 1 of 17 SURROUNDING AREA July 7, 1972 LAND USE ZONING North Single - Family Residential (Palm Grove), Camping (KOA). R -10, B -2 East Undeveloped, Commercial Services, Ogden Fire Station B -2 South Commercial Services (Recreation Establishments, Restaurants, Retail) B-2 West Single - Family Residential (Jacobs Ridge at West Bay Estates) R -10 Aerial -. '� F /' F�.� � .. � � 9° :. r ' • � �', s �, ter' � �� r. A SUP Boundary Existing Parcel Boundary s „Ls <A a ,aA, C ZONING HISTORY July 7, 1972 Initially zoned R -15 (Area 8B) November 2, 1987 Portions of the parcel rezoned from R -15 to B -2 (Z -321) September 6, 1988 Portions of the parcel rezoned from R -1 5 to B -2 (Z -356) September 4, 1990 Portions of the parcel rezoned from R -15 to B -2 (Z -413) S1 9 -02 Staff Report PB 10.21.201 9 Board of Commissioners - October 21, 2019 ITEM: 18- 2 - 2 Page 2 of 17 COMMUNITY SERVICES Water /Sewer water and sewer will be provided by CFPUA. Specific design will be Historic determined during site plan review. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Station Ogden Schools Blair Elementary, Eaton Elementary, Holly Shelter Middle, and Laney High Schools Recreation Ogden Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources PROPOSED CONCEPTUAL PLAN Lendire Road (Southeast to Middle Sound Loop /Market .. . Street, Northwest to Future Military Cutoff) f ' s' "Old" Lendire Road (to _ - Market Street) ► , • I SUP Boundary fl� Ca Includes Staff Markups • The proposed mixed -use development will consist of up to 288 dwelling units located within apartment buildings and mixed -use buildings, and approximately 7,500 square feet of commercial building space. The commercial uses proposed are office and retail businesses. The buildings will range from one to three stories and be restricted to a maximum height of 35 feet. S1 9 -02 Staff Report PB 10.21 .201 9 Page 3 of 17 Board of Commissioners - October 21, 2019 ITEM: 18- 2 - 3 • The western boundary of the site, adjacent the Jacob's Ridge at West Bay subdivision, is subject to an increased building setback and bufferyard. The bufferyard will be approximately 50 feet in width and must contain vegetation, or a combination of vegetation and fencing, that provides an opaque screen. The applicant is proposing to install a 6 -foot- tall solid wood fence within the buffer. As shown on the conceptual plan, the buildings will exceed the required setback and be placed about 1 15 feet from the western property line. • The conceptual plan includes two mixed -use buildings located on the southern portion of the site adjacent Lendire Road. The buildings would permit office and retail uses on the ground floor and residential units above the commercial space. One building is proposed to be two stories and contain 4 dwelling units, and the other is proposed to be three stories with 20 dwelling units. The commercial space would total about 7,500 square feet. 9 l .8 Zig Conceptual Rendering of the Three- Sto,-Y • 264 of the proposed dwelling units will be located within 11 three -story apartment buildings. The project will also contain an amenity building and outdoor swimming pool for the residents. • The project will contain 3.62 acres of amenity areas and open space, which equates to approximately 23% of the 15.6 -acre site. Approximately 56% of site will contain impervious surfaces. The stormwater management areas will be located in the southern portion of the site along Lendire Road. • The applicant is proposing to design the stormwater facilities for the project to handle up to a 1 00 -year event (-= 10 inches of rain over a 24 -hour period). This exceeds the County's requirement of designing the facilities to a handle a 25 -year storm event (�8 inches of rain over a 24 -hour period). The site is located at the apex of three drainage basins (Smith Creek, Pages Creek, and Howe Creek). All runoff to the site will be conveyed to the proposed stormwater facility, and will ultimately flow south toward Howe Creek. Although S1 9 -02 Staff Report PB 10.21 .201 9 Page 4 of 17 Board of Commissioners - October 21, 2019 ITEM: 18- 2 - 4 the site was initially thought to drain toward Smith Creek, more detailed analysis of adjacent development plans indicated the downstream outfall flows south toward Howe Creek. Any stormwater that flows into the northern ditch and Market Street today will be conveyed to the new stormwater facility. • The applicant is proposing to incorporate distinguishable design features within the project including consistent architectural design, color scheme, landscaping, park benches, bicycle racks, and street lighting. Sidewalks will be provided throughout the development, allowing residents to walk to existing and future commercial uses in the vicinity. If approved, the distinguishable site features will be verified by TRC during the site plan review. Conceptual Rendering of the Three -Story Apartment Buildings 4 ZONING CONSIDERATIONS • The subject 15.6 -acre site is part of a larger parcel, approximately 30 acres in size, zoned B -2. The parcel is currently undeveloped. • The "outparcel" shown on the conceptual site plan which is not included in the boundary of the SUP is under contract to be purchased by the applicant. The applicant does not have specific plans for that portion of the property at this time, and thus it is not included in this application, however, they anticipate that the area would be developed for office - related uses. • The site is located within the Market /Middle Sound commercial node, near the intersection of Market Street and Middle Sound Loop Road/Lendire Road. S19 -02 Staff Report PB 10.21.2019 Page 5 of 17 Board of Commissioners - October 21, 2019 ITEM: 18- 2 - 5 • This node contains several commercial businesses including, but not limited to, retail establishments (Publix and Big Lots shopping centers), restaurants ( Odgen Tap Room, Smithfields BBQ, Denny's, Bojangles), personal services (Tame The Mane, The Corner Buzz, dry cleaners), specialty restaurants (Casa Blanca Coffee, Starbucks), and craft beer establishments (Fermental Wine & Beer, The Sour Barn). Ogden Commercial Node Denitys rl[tcw rercrvxn'. + ' Y " FCC • Lr. h. < gA4ECAR, <r _ CIN OGDEn TAP OOM 4F', _06 BIG LOTS. .� fermental p`tio ` Zoning Districts +/f5 B -2 R -1 0 Pubrx O &I R -15 TRANSPORTATION • The subject site will be accessed by Lendire Road (SR -2892) and "Old" Lendire Road, a private access easement. • When estimating traffic impacts of undeveloped sites, staff's general rule based on typical development patterns is that commercial development typically covers about 25% of the site for building area at one story (approximately 170,000 square feet for the subject 15.6 -acre site). In this case the applicant estimates that the site would support about 1 16,000 square feet of shopping center related uses (retail, restaurants, and offices), which is a more conservative market estimate for the property. • According to the applicant, development of the site as currently zoned using their assumption of 1 16,000 square feet of shopping center related uses would generate about 485 trips in the AM peak hours and 540 trips in the PM peak hours. • The proposed project of 288 multi - family units and 7,500 square feet of office /retail space is estimated to generate about 140 trips in the AM peak hours and 190 trips in the PM peak hours. This would result in an estimated decrease of 345 trips in the AM peak hours and 350 trips in the PM peak hours. S1 9 -02 Staff Report PB 10.21 .201 9 Page 6 of 17 Board of Commissioners - October 21, 2019 ITEM: 18- 2 - 6 • The applicant has completed a Traffic Impact Analysis (TIA) which has been approved by NCDOT and the WMPO. The approved TIA requires a westbound right turn lane to be installed on Lendire Road at the site's access. Installation of a right - turn lane at the site's access on Lendire Road ••a - •a. - r j 0 r squired Roadway Improvements • The TIA analyzed the Level of Service (LOS) in vehicle delay per second at notable intersections in the area including Lendire Road /Middle Sound Loop Road at Market Street and "Old" Lendire Road at Market Street. The TIA found that the project will slightly increase the time it takes for vehicles to get through these intersections, but it will not reduce the overall LOS of the intersections from the level they are anticipated to operate at in 2021. Market Street at Middlesound Scenario Loop Road/Lendire Road Overall LOS 2019 Existing D 2021 Future E 2021 Future with Project E 2019 Existing D 2021 Future E 2021 Future with Project E Market Street at "Old" Lendire Road Scenario LOS of Eastbound Approach to Market Street 2019 Existing D 2021 Future C 2021 Future with Project C 2019 Existing E 2021 Future C 2021 Future with Project C S1 9 -02 Staff Report PB 10.21 .201 9 Page 7 of 17 Board of Commissioners - October 21, 2019 ITEM: 18- 2 - 7 Nearby Planned Transportation Improvements and Traffic Impact Analyses Traffic Impact Analyses Approved Under Review Under Draft STIP Project U -4751 s' (j \fr GR a. STIP Project U -49O2D S19 02 miaaie wuna vvesTL, TIA Approved Q Wave Bus Stop STIP Project o �� tt, �� E Miles �$ 0 0.25 0.5 1 tir �v, BG� 1 Mile radius ,41 Bayshore Commercial TIA Approved W. ` 5; Syo� pOtNT :, BRdGNF EEgP_r 5�v �Ocjden Starbucks ' TIA Approved a Publix Shopping Center TIA Approved COOP a� 519 -02 Staff Report PB 10.21.2019 Board of Commissioners - October 21, 2019 ITEM: 18- 2 - 8 Page 8 of 17 Nearby NC STIP Projects: • STIP Project U -4751 (Military Cutoff Extension) • Project to extend Military Cutoff from Market Street to 1 -140. • The project is currently under construction and is expected to be completed in early - 2023. • The extension of Military Cutoff will run about three quarters of a mile west of the subject site. Lendire Road /Brittany Lakes Drive, Torchwood Boulevard, and Putnam Drive /Bradfield Court will connect to the Military Cutoff extension, allowing access to neighborhoods west of the site. • The project will also install a sidewalk and multi -use path along the extension of Military Cutoff and the sections of Market Street included in the project. • NCDOT recently obtained ownership of Lendire Road from Market Street to the Military Cutoff extension. The connection of Lendire Road to the future Military Cuttoff will allow the road to function as a collector street, however, NCDOT does not have any current plans to make improvements to the road. S19 -02 Staff Report PB 10.21.2019 Board of Commissioners - October 21, 2019 ITEM: 18- 2 - 9 Page 9 of 17 • STIP Project U -4902D (Market Street Median) • Project to install a center median and pedestrian accessways along Market Street from Middle Sound Loop Road to Marsh Oaks Drive. The pedestrian accessways will consist of a 10 -foot multi -use path on the eastern side of the street, and a 5- foot sidewalk on the western side of the street. • The project is currently under construction and is expected to be completed in early - 2023. Future Median Breaks Marsh Oaks Dr of the Market Street `F s Median z, Signalized Left -Over to Alexander Rd Signalized U -Turn Bulb f ` All, a r Left -Over to Alexander Rd ' Signalized Full Movement +` Intersection at Torchwood F Blvd/Bayshore Dr : >• Left -Over to Greenview Dr {{ i Subject Site Left -Over to KOA, Gas y ` Station, Car Wash Signalized Left -Over at .41+r!wC.a. POIM Market Street Wendover Ln Median Project r Middle Sound Loop Rd - f S1 9 -02 Staff Report PB 10.21 .201 9 Page 10 of 17 Board of Commissioners - October 21, 2019 ITEM: 18- 2 - 10 Nearby Traffic Impact Analyses: Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards. Approved analyses must be re- examined by NCDOT if the proposed development is not completed by the build out date established within the TIA. Proposed Development I Land Use /Intensity TIA Status 1. Middle Sound West • 288 multi - family units . Approved August 14, 2019 (Subject Site) • Small office with 32 • 2021 Build Out Year The TIA required improvements be completed at certain intersections in the area. The notable employees • Installation of an additional exclusive eastbound right -turn lane on Lendire Road at The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Installation of a westbound right -turn lane at the site's access on Lendire Road. Nearby Proposed Developments included within the TIA: • Ogden Starbucks Development Status: Special Use Permit request under review. Proposed Development I Land Use /Intensity TIA Status 2. Ogden Starbucks • 2,200 square foot coffee • Approved May 10, 2019 shop with drive thru • 2021 Build Out Year The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Installation of an additional exclusive eastbound right -turn lane on Lendire Road at Market Street (improvement installation to be coordinated with the Military Cutoff Extension project U -4751 ). Modification of the signal timing at the same intersection to incorporate the new dual right -turn lanes. Nearby Proposed Developments included within the TIA: • None Development Status: Construction is near completion. The installation of right -turn lane will be completed with the Military Cutoff extension project. S19 -02 Staff Report PB 10.21.2019 Board of Commissioners - October 21, 2019 ITEM: 18- 2 - 11 Page 11 of 17 S19 -02 Staff Report PB 10.21.2019 Board of Commissioners - October 21, 2019 ITEM: 18- 2 - 12 Page 12 of 17 • 32,830 square feet of retail 3. Middle Sound Market • 49,100 square feet of • TIA approved June 15, 2015 Place (Publix) supermarket sup • 2019 Build Out Year 4. Bayshore • 720 square feet of fast • TIA approved September 1 1, Commercial food restaurant 2019 The TIA required improvements to be made at certain intersections in the area, including Market Street at Middle Sound and the access points to the development. The major improvements consisted of: • Installation of a continuous northbound right turn lane on Market Street to Middle Sound Loop Road and site access points • Extension of existing westbound dual left turn lanes and the addition of a westbound right turn lane on Middle Sound Loop Road to Market Street • Installation of an eastbound right turn lane and westbound left turn lane on Middle Sound Loop Road to a site access Per NCDOT, the improvements required at this time have been installed in accordance with their standards. Nearby Proposed Developments included within the TIA: • None Development Status: Completed S19 -02 Staff Report PB 10.21.2019 Board of Commissioners - October 21, 2019 ITEM: 18- 2 - 12 Page 12 of 17 • 20,000 square feet of Medical /Dental Office • 70,000 square feet of 4. Bayshore Shopping Center • TIA approved September 1 1, Commercial • 8,000 square feet of High 2019 Development Turnover Sit Down • 2022 Build Out Year Restaurant • 4,000 square feet of Fast Food Restaurant The TIA requires improvements be completed at certain intersections in the area. The notable improvements consisted of: • Installation of an additional westbound left turn lane on Bayshore Drive to Market Street • Extension of existing northbound right turn lane on Market Street from Bayshore Drive to the site's access points Nearby Proposed Developments included within the TIA: • None Development Status: The property is zoned B -2, which allows for this development by- right. However, no site plan or permit application have been submitted to County staff for review at this time. S19 -02 Staff Report PB 10.21.2019 Board of Commissioners - October 21, 2019 ITEM: 18- 2 - 12 Page 12 of 17 ENVIRONMENTAL • The property is not within a Natural Heritage Area or Special Flood Hazard Area. • The property is within both the Smith Creek (C;Sw) and Pages Creek (SA;HQW) watershed. Based on the applicant's preliminary stormwater design, the site will be design to drain into Smith Creek. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class II (moderate limitation), Class III (severe limitation) soils, and Class IV (unsuitable), however, the project will connect to CFPUA sewer services. 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. Specific goals of the comprehensive plan are designated to be promoted in each place type, and other goals may be relevant for particular properties. Place Types JOa-�' ASHBY ep 4 _4 ,. GENERAL RESIDENTIAL S19 -02 � ' .ASP ° a s, NE `JrNp 19 N o�j��0�� ► a" �'�r CONSERVATION URBAN' MIXED'USE -g �. Ne X�� 07COMMUNITY MIXED USE Nev'44novef Gount ° Future Land Use Map Place Type Urban Mixed Use Urban Mixed Use promotes development of a mix of residential, office, Place Type and retail uses at higher densities. Types of uses encouraged include office, Description retail, mixed use, small recreation, commercial, institutional, single - family, and multi - family residential. The proposed mixed use development is located off Lendire Rd., directly across from Ogden Business Park and behind commercial uses, e.g. Denny's Analysis and Patterson Auto Sales, that line Market St. It is also adjacent to single family homes within the Jacobs Ridge at West Bay subdivision. S19 -02 Staff Report PB 10.21.2019 Board of Commissioners - October 21, 2019 ITEM: 18- 2 - 13 Page 13 of 17 STAFF PRELIMINARY CONCLUSIONS AND FINDINGS OF FACT: Staff has conducted an analysis of the proposed use and the information provided as part of the application package and has created preliminary findings of fact for each of the conclusions required to be reached to approve the special use permit request. These preliminary findings of fact and conclusions are based solely on the information provided to date, prior to any information or testimony in support or opposition to the request that may be presented at the upcoming public hearing at the Board meeting. S19 -02 Staff Report PB 10.21.2019 Board of Commissioners - October 21, 2019 ITEM: 18- 2 - 14 Page 14 of 17 The subject parcel is designated as Urban Mixed Use on the Comprehensive Plan's Future Land Use Map, which supports a mix of moderate to high intensity commercial and office uses and moderate to high density residential uses (approximately 16+ units per acre). The plan's intent is to allow more commercial options and higher residential densities in this area to take advantage of the proximity to nearby basic goods and services and to help reduce long travel distances and associated levels of traffic. The types and intensity of commercial and office uses and the density of residential uses in the proposed project are in line with what is recommended for Urban Mixed Use areas, and the project is designed to provide a gradual transition in uses and intensity. The commercial areas are located close to the existing commercial uses along Lendire Rd. and Market St., and the residential portion of the development is located closer to the existing residential neighborhoods off of Lendire. This type of transitional development pattern helps reduce impacts on existing neighborhoods while contributing to the range of housing types available in the Ogden community. The mixed used buildings within the site also offer potential commercial alternatives to Market St. for residents of surrounding neighborhoods, which could reduce traffic congestion along Market St., and potentially Gordon Rd. once construction of Military Cutoff Extension is complete. In addition, residents of this development will be able to access the recreational uses and commercial services along Lendire without having to use primary roadways, specifically Market St. Eventually, those residents will also be able to access existing and future commercial services along Market St. without adding traffic to that road by using planned interconnections to the currently undeveloped section of the property southeast of the development that will remain zoned B -2. The proposed mixed use development is generally CONSISTENT with the types and intensity of uses intended for Urban Mixed Use areas and the Comprehensive Plan's intent of providing an orderly transition of uses and Consistency densities from higher intensity to lower intensity areas. In addition, it Recommendation contributes to the range of housing types available in the Ogden community, the mixed use buildings could provide a commercial alternative to Market St. for residents of surrounding neighborhoods, and interconnections with existing commercial properties can help reduce long travel distances and their associated levels of traffic. STAFF PRELIMINARY CONCLUSIONS AND FINDINGS OF FACT: Staff has conducted an analysis of the proposed use and the information provided as part of the application package and has created preliminary findings of fact for each of the conclusions required to be reached to approve the special use permit request. These preliminary findings of fact and conclusions are based solely on the information provided to date, prior to any information or testimony in support or opposition to the request that may be presented at the upcoming public hearing at the Board meeting. S19 -02 Staff Report PB 10.21.2019 Board of Commissioners - October 21, 2019 ITEM: 18- 2 - 14 Page 14 of 17 Conclusion 1: The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. The site is accessed from Lendire Road, a state maintained road (SR -2892) that connects directly into Market Street (US 17), and will connect into the Military Cutoff extension. B. A Traffic Impact Analysis (TIA) was completed for the project and approved by NCDOT. The TIA requires a right -turn lane to be installed at the site's access on Lendire Road. C. The Traffic Impact Analysis (TIA) analyzed the Level of Service (LOS) in vehicle delay per second at notable intersections in the area, including Lendire Road /Middle Sound Loop Road at Market Street and "Old" Lendire Road at Market Street. The TIA found that the project will slightly increase the time it takes for vehicles to get through theses intersections, but it will not reduce the overall LOS of the intersection from the level they are anticipated to operate at in 2021. D. The proposal is estimated to reduce traffic generation from what is typically possible with the existing B -2 zoning. E. The site's stormwater system will be designed to accommodate a 1 00 -year storm, exceeding the County's requirement of designing for a 25 -year storm. F. Water and sewer services will be provided by CFPUA. G. The subject property is located in the New Hanover County North Fire Service District. Conclusion 2: The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The site is zoned B -2, Highway Business District. B. Residential uses are allowed by Special Use Permit in the B -2 zoning district. C. The project proposes a mix of land uses as required to permit residential uses within a business district. D. In accordance with the standards of this special use, the commercial uses proposed within the development will be limited to those permitted in the B -1 zoning district. E. The project will contain distinguishable site design features, including consistent architectural design, color scheme, landscaping, park benches, bicycle racks, street lights and signage. F. The site plan complies with all applicable technical standards of the Zoning Ordinance including buffering and off - street parking requirements. Conclusion 3: The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. The subject property is zoned B -2, Highway Business District, and is located within Ogden /Market Street commercial node. B. The surrounding area contains a single - family residential development, undeveloped land, and commercially developed land. C. Bufferyards must be provided between the development and adjacent residential property. D. The applicant provided a report prepared by a real estate appraisal and consulting firm (JC Morgan - Jack C. Morgan III, MA/, SRA, AI -GRS). In the report, Mr. Morgan concluded that "there was no market data that [he] found that suggested the proposed project would have any impact on the values of the adjoining or abutting properties." S19 -02 Staff Report PB 10.21.2019 Board of Commissioners - October 21, 2019 ITEM: 18- 2 - 15 Page 15 of 17 Conclusion 4: The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. A. The 2016 Comprehensive Plan classifies the area proposed for the development as Urban Mixed Use. B. The Urban Mixed Use place type promotes a mix of residential, retail, and office uses at higher densities. C. The project is consistent with the recommended uses and densities of the Urban Mixed Use place type. D. The subject site is located between single - family residential areas and commercial areas, providing a gradual transition of uses as promoted in the Comprehensive Plan. E. The applicant provided a report prepared by a real estate appraisal and consulting firm (JC Morgan - Jack C. Morgan III, MAI, SRA, AI -GRS). In the report, Mr. Morgan stated that "within the market area, comparable infill sites have been developed with mixed uses, generally consisting of commercial land uses located at the front of the development and residential land uses located at the rear of the development. These two land uses are often (and preferably) transitioned by multi - family or lower intense commerical uses. The proposed project maintains this trend, suggesting it is in harmony with the area it is located." PLANNING BOARD ACTION The Planning Board considered this application at their October 3, 2019 meeting. At the meeting six residents spoke in opposition citing concerns over drainage and flooding in the Ogden community, and other concerns. The Planning Board recommended approval of the application (7- 0) with the following conditions: 1 . The project's stormwater facilities must be designed to accommodate a 100 -year storm event. 2. A 6- foot -tall solid wood fence shall be installed within the bufferyard located along the northwestern property line which abuts the Jacobs Ridge neighborhood. 3. As proposed and agreed to by the applicant, a 10 -foot multi -use path shall be installed along the site's frontage on Lendire Road and be extended south along the road so that it would connect to the future multi -use path to be installed by NCDOT near Ogden Business Lane as part of the Military Cutoff extension project (U- 4751). Installation of the multi -use path shall be coordinated with the County and NCDOT and be constructed in accordance with NCDOT's standards. The applicant is not required to obtain additional right -of -way in order for the multi -use path to be extended to the future multi -use path to be installed by NCDOT near Ogden Business Lane. Please see Exhibit 1 for the approximate location of the path to be installed with the development. S19 -02 Staff Report PB 10.21.2019 Board of Commissioners - October 21, 2019 ITEM: 18- 2 - 16 Page 16 of 17 EXAMPLE MOTIONS Example Motion for Approval: Motion to approve, 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 with the conditions as recommended by the Planning Board. [OPTIONAL] Note any additional findings of fact related to the four required conclusions. [OPTIONAL] Note any conditions be added to the development: [List Conditions] Recommended Conditions: 1. The project's stormwater facilities must be designed to accommodate a 100 -year storm event. 2. A 6- foot -tall solid wood fence shall be installed within the bufferyard located along the northwestern property line which abuts the Jacobs Ridge neighborhood. 3. As proposed and agreed to by the applicant, a 10 -foot multi -use path shall be installed along the site's frontage on Lendire Road and be extended south along the road so that it would connect to the future multi -use path to be installed by NCDOT near Ogden Business Lane as part of the Military Cutoff extension project (U- 4751). Installation of the multi -use path shall be coordinated with the County and NCDOT and be constructed in accordance with NCDOT's standards. The applicant is not required to obtain additional right -of -way in order for the multi -use path to be extended to the future multi -use path to be installed by NCDOT near Ogden Business Lane. Please see Exhibit 1 for the approximate location of the path to be installed with the development. Example Motion for Denial: Motion to deny, as the Board cannot find that this proposal: 1. Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Zoning 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 to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. [State the finding(s) that the application does not meet and include reasons why it is not being met] S19 -02 Staff Report PB 10.21.2019 Board of Commissioners - October 21, 2019 ITEM: 18- 2 - 17 Page 17 of 17 S19 -02: Exhibit 1 As proposed and agreed to by the applicant, a 10 -foot multi -use path (MUP) shall be installed along the site's frontage on Lendire Road and be extended south along the road so that it would connect to the future multi -use path to be installed by NCDOT near Ogden Business Lane as part of the Military Cutoff extension project (U- 4751). Installation of the multi -use path shall be coordinated with the County and NCDOT and be constructed in accordance with NCDOT's standards. The applicant is not required to obtain additional right -of -way in order for the multi- use path to be extended to the future multi -use path to be installed by NCDOT near Ogden Business Lane. Board of Commissioners - October 21, 2019 ITEM: 18- 3 - 1 Case: �71 1=.JM+r4 �jk I I I Site Address: 7200 block Market St/ 200 block Lendire Rd O � `Q Cif , �Q - I f 1- \. Existing Zoning /Use: B -2 /Undeveloped a� 332 / q/ .� 331 321 • 27 tit Q(!!� }jj 323 FQR 220 :01 z25` • ■ 212 ■ 221216 • 208. 204 217 • _ ■ • i 209 201 '•pN, / 213 • ■205 • X222 G�: 5`L i /m0 216 z03 .218 ■ s0 -vz = '223 1% ■ 7424 217.215 214, 7 21 422 / ■ \/ 7418 7420 7429 7416 7427 74_ /77412 7425 =•743 7421�� f•'� X7408i'1\7410 4 /7423 7426 \/ 7415 20 ■ 7424 7413 ;/,x-17422 74110 / 7418 7407 ■!7409 7416 7405 It\ • 7414 741a ■ \ • 7412 740037408i` \ 7402.7406 311 \ 7404 ■� ` 7314 y�/!�73�\ 7241 '2177217 X217 ,z 17.7213 5 y 7209 ■ 7%<.., 211 7247 7200 O. 7135 1,000 • BOOF fF-,- . ni sioners - Octob r 21, 201 M:18 -4 -1 W!/0% ` 2 ■ 7245 7225 ■ ■ \ 7231 7235 7221 7225 ■ 7219 •7223 7211 • :�x 1 '71rm ■11, - r -\ \ Proposed Use: Mixed Use 7415 ■ 7409 ■ 0 7409 7375 7411 ■ CUD B-Z I CUDrO &1 I R -10 CZD S19-02 0. Sri I 0. / 4� 0 &1 464 B -2 R -15 WAYNERI j 1 DG_E ('" �� 0 1 CITY 0 G- - / 'f1►. UYyEEL,- WAY. Z W f o W ar o CZD R -15 R -20 �SHaRE Po�Nr DR `om� "n s ih 6 Case: Site Address: S19 -02 7200 block Market St/ 200 block Lendire Rd cr ;o do ' cr 6 FT Existing Zoning /Use: B -2 /Undeveloped /0 `GENERAL% ! RESIDI:NIT S19 -02 1,000 fF sioners - Octob r 21, 201 M:18 -6 -1 /b Proposed Use: a Mixed Use 00 �.(Q O4+ Qv Oe� i o Lqffi C7 ti WA Bq yam_ pE R �a ,o 0 'i A0— —IN "vN VVHEEV WAY Place Types OP COMMERCE ZONE z EMPLOYMENT CENTER W C� — �V' GENERAL RESIDENTIAL © lu URBAN MIXED USE COMMUNITY MIXED USE RURAL RESIDENTIAL NN Era D CONSERVATION APPLICANT MATERIALS Board of Commissioners - October 21, 2019 ITEM: 18- 7 - 1 Board of Commissioners - October 21, 2019 ITEM: 18- 7 - 2 NEW HANOVER COUNT DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina Telephone (910) 798 -7165 FAX (9 T 0) 798 -7053 plan n i ngdevelopment. n hcgov.co m SPECIAL USE PERMIT Application Applicant/Agent Information Property Owner(s) If different than ApplicantlAgenf Name Owner Name Mark Maynard, Jr. Coswald, LLC Company Owner Name 2 Tribute Companies Address Address 10 S. Cardinal Dr. 1030 E. Wendover Ave. City, State, Zip City, State, Zip Wilmington, NC 28403 Greensboro, NC 27405 Phone Phone (910 251 -5030 Email Email jr @tributecompanies.com Subject Property Information Address /Location A portion of 7241 Market St., Wilmington, NC, Parcel Identification Number(s) A portion of R04400- 001 - 003 -000 Total Parcels) Acreage Total parcel acreage is ± 30.84 acres, Special Use Permit requested for ±15.00 acres. Existing Zoning and Use(s) B -2 zoning district, undeveloped land. Future Land Use Classification Urban Mixed Use Application Tracking Information Case Number Date /Time received: Received by: 519 Board of Commissioners - October 21, 2019 Page 3 of 8 ITEM: 18- 8 - 1 Special Use Permit Application — Updated 7/2017 Proposed Use(s) & Written Description Please list the proposed use or uses of the subject property, and provide the purpose of the Special Use Permit and a description of the project (please provide additional pages if needed). The Applicant is proposing a mixed -use development consisting of 288 multi - family units and t 9,100 sq ft. of commercial space in the B -2 District pursuant to New Hanover County Zoning Ordinance Sec. 72 -38. For further description of the proposed project and Special Use Permit request please see attached Exhibit A. Traffic Impact Worksheet Please provide the estimated number of trips generated for the proposed use(s) based off the most recent version of the Institute of Transportation 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: Please see TIA prepared by Davenport dated June 24, 2019 Trip Generation Variable (gross floor area, dwelling units, etc.): AM Peak Hour T PM Peak Hour Trips: Board of Commissioners - October 21, 2019 Page 4 of 8 ITEM: 18- 8 - 2 Special Use Permit Application — Updated 72017 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. You should address any additional considerations potentially raised by the proposed use or development. 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 Anticipated air discharges, including possible adverse effects on air quality Please see attached Exhibit A. 2. The use meets all required conditions and specifications of the Zoning Ordinance. Please see attached Exhibit A. Board of Commissioners - October 21, 2019 Page 5 of 8 ITEM: 18- 8 - 3 Special Use Permit Application — Updated 7/2017 ji if OR .+ a :- r�7 7 ! i .: a a , fil. W sigg � 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 Please see attached Exhibit A. 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 Please see attached Exhibit A. Board of Commissioners - October 21, 2019 Page 6 of 8 ITEM: 18- 8 - 4 Special Use Permit Application — Updated 72017 APPLICATION REQUIREMENTS 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 ". Staff will confirm if an application is complete within five business days of submittal. Applications must be complete in order to process for further review- Board of Commissioners - October 21, 2019 Page 7 of 8 ITEM: 18- 8 - 5 Special Use Permit Application — Updated 7/2017 Applicant Staff Required Inforrrvation Initial or Initial or N/A J N/A 1 Complete Special Use Permit application. �.. 2 Application fee — ($500; $250 if application pertains to a residential use (i.e. 5 mobile home, duplex, family child care home). i 3 Traffic Impact Analysis (for uses that generate more than 100 peak hour trips). 85 4 Site Plan including the following elements: • Tract boundaries and total area, location of adjoining parcels and roads. • Proposed use of land, structures and other improvements. For residential uses, this shall include number, height and type of units and area to be occupied by each structure and /or subdivided boundaries. For non - residential structures, this shall include approximate square footage and height of each structure, an outline of the area it will occupy and the specific purpose for which it will be used. • Development schedule including proposed phasing. • Traffic and Parking Plan to include a statement of impact concerning local traffic near the tract, proposed right -of -way dedication, plans for access to and from the tract, location, width and right -of -way for internal streets and location, arrangement and access provision for parking areas. • All existing and proposed easements, reservations, required setbacks, rights -of -way, buffering and signage. • The one hundred (100) year floodplain line, if applicable. • Location and sizing of trees required to be protected under Section 62 of the Zoning Ordinance. • The approximate location of US Army Corps of Engineers Clean Water Act Section 404 and Rivers and Harbors Act Section 10 Wetlands, and wetlands under jurisdiction of the NC Department of Environmental Quality. • Any additional conditions and requirements, which represent greater restrictions on development and use of the tract than the corresponding General Use District regulations or other limitations on land which may be regulated by Federal or State law or Local Ordinance. • Any other information that will facilitate review of the proposed change (Ref. Article VII, as applicable). 5 1 hard copy of ALL documents AND 8 hard copies of the site plan. Additional hard copies may be required by staff depending on the size of the document site plan. 6 1 PDF digital copy of ALL documents AND plans. Board of Commissioners - October 21, 2019 Page 7 of 8 ITEM: 18- 8 - 5 Special Use Permit Application — Updated 7/2017 ACKN0IM�EDGEMEN7 AND.:SIGNAT -URES 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. 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. Authority for Appointment of Agent Form If applicable, I also appoint the opplicant/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 on application including all required supplemental information and materials; 2. Appear at public hearings to give representation and commitments; and 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. 8 6 6- nd_ _�ff I N &) ent Coswald, LLC Signature of Property'Owner(s) Print Name(s) Tribute Companies By: Mark Maynard, Jr. Signature of Applicant /Agent Print Name NOTE: 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 land owner or their attorney must be present For the application at the public hearings. If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper (approximately 2 -3 weeks before the hearing), the item will be colendared 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.lf 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. Staff Only ,-For Application Received ComRequired gY (da e�atioii " tern as dO1 " forinett Planning Board M' a ng! . Page B of 6 Board of Commissioners - OctobegA_t_'aCUS% permit Application — Updated 7/2017 ITEM: 18- 8 - 6 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. Authority for Appointment of Agent Form 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 commitments; and 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. Signature of Property Owner(s) Signature of Applicant /Agent Coswald, LLC By: Print Name(s) Tribute Companies By: Mark Maynard, Jr. Print Nance NOTFt 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 land owner or their attomgy must be present for the agplication at the public hearings. If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper (approximately 2 -3 weeks before the hearing), the item will be colendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance if the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. For Stoff Only plit �,..,:�!�: •� • �..... aw, =�aa� ......x -,.fir: _' ±.."`,a;!: r Board of Commissioners - October 21, 2019 Page 8 of 8 ITEM: 18- 8 - 7 Special Use Permit Application — Updated 7/2017 Exhibit A to Special Use Permit Application Portion of 7241 Market St. New Hanover County PARID: RO44OO- 001 -003 -000 (Special Use Permit request for x-15.00 acres of a ±30.82 acre tract) The Applicant, Tribute Companies, is requesting a Special Use Permit for residential uses within a commercial district pursuant to NHC Zoning Ordinance § 72 -38 as part of a proposed mixed -use development consisting of 288 multi - family units and ±9,100 sq. feet of commercial space on a portion ( ±15.00 acres) of a ±30.82 acre parcel located at 7241 Market Street (NHC Tax Parcel ID No. RO44OO- 001 - 003,000), as illustrated above. The entire parcel is currently zoned B -2 Highway Business District. Residential uses are allowed within the B -2 District by Special Use Permit, subject to prescribed conditions listed in Section 72 -38. The portion of the parcel not included in this Special Use Permit request ( ±15.82 acres) will allow opportunities for future B -2 commercial development intended to complement both the commercial and residential components of the proposed development. Board of Commissioners - October 21, 2019 ITEM: 18- 8 - 8 1. The use will not materially endanger the public health or safety if located where proposed and approved. The proposed use will not endanger the public health or safety if located where proposed and approved. The subject property is already zoned general B -2 Highway Business District, without conditions. The general B -2 zoning on this property allows for larger and more intensive commercial uses by -right than currently proposed under the Special Use Permit proposal. The proposed development pursuant to Section 72 -38 will ensure a more compatible transition from the more intense commercial uses typically found along Market Street in this vicinity to the existing single - family residential neighborhood adjacent to the subject property. Allowing this property to be developed pursuant to the Special Use Permit with conditions, moreover, will provide a better opportunity and framework to ensure compatibility with surrounding uses than would likely result under a general B -2 District development. This Special Use Permit proposal also ensures that the development will be a high - quality mixed -use development providing for an integration of diverse but compatible uses into a single development, unified by distinguishable design features, with amenities and walkways to increase pedestrian activity. It is also significant to note that under Section 72 -38, all commercial uses under the Special Use Permit are restricted to residential and B -1 commercial uses. In this regard, the Special Use Permit request is effectively similar to downzoning a portion of the property from B -2 (General District without conditions) to B -1 (with conditions pursuant to the Special Use Permit process) as it is related to proposed commercial uses under the Special Use Permit. By way of illustration, some of the uses currently allowed by- right in the B -2 District which are not allowed in the B -1 District include: mini - warehouses; RV and boat trailer storage lots; dry-stack storage of boats as a standalone warehouse; warehousing; wholesaling with no outside storage; auto dealers and truck sales; boat dealers; building materials and garden supplies; automobile/boat repairs sales; equipment rental and leasing; and septic tank vacuum service. Additionally, the B -2 District allows more than 30 manufacturing uses by Special Use Permit which are simply not allowed in the B -1 District. In addition to the foregoing, adequate utilities and infrastructure including water and sewer are available for the site, as it is located along the Market Street corridor close to the City of Wilmington limits. A traffic impact analysis has been conducted, and pursuant to the TIA review and Special Use Permit approval process, all required traffic improvements will be made. The project will be engineered and constructed in accordance with New Hanover County and North Carolina stormwater regulations. 2. The use meets all required conditions and specifications of the Zoning Ordinance. 2 Board of Commissioners - October 21, 2019 ITEM: 18- 8 - 9 The proposed use meets all required conditions and specifications of the Zoning Ordinance. As stated above, the current zoning of the subject property is B -2 Highway Business District. Under Section 72 -38 of the Zoning Ordinance, residential uses are allowed within the B -2 district by Special Use Permit as part of a mixed -use development meeting certain criteria designed to ensure a high quality project with an integration of diverse but compatible uses into a single development, unified by distinguishable design features. As illustrated in the concept plan below, the project is comprehensively planned from the standpoint of site design, setbacks, buffering, landscaping, stormwater management, parking and traffic distribution elements consistent with the zoning ordinance. In addition to review by County Staff, the New Hanover County Planning Board and ultimately the New Hanover County Board of Commissioners, the project will also be reviewed by the Technical Review Committee to ensure compliance. - ;a 1W %warm 1W '%% r -ur Middle Sound West will incorporate high quality architecture and site design to create a cohesive project in which residential and commercial uses complement each other in an efficient, walkable community. The project includes moderate density multi- family residential along with four mixed -use buildings that will include office /retail space as well as residential units. Sidewalks are provided throughout and parking is shared, creating a more efficient use of space. Community facilities and common area are provided, including a village green and pocket park shown on the site plan, and community amenities for the residents and their guests, including a clubhouse and pool. In addition to the included mixed -use elements, further horizontal mixed -use is achieved via the nearby commercial businesses within close walking distance of the site, including restaurants, a business park, and recreation and entertainment facilities. Also, the remaining portions of the larger subject parcel, which are already zoned B -2, will provide 3 Board of Commissioners - October 21, 2019 ITEM: 18- 8 - 10 for future commercial uses along the Market Street corridor to complement the proposed residential and commercial development. 3. The use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. The proposed development will not substantially injure the value of adjoining or abutting property. The existing parcel is currently zoned B -2. The proposed Special Use Permit will limit the portion of the parcel closest to the adjacent residential neighborhood to residential and a less- intense range of possible B -1 uses. The residential component of this proposal will ensure that the commercial uses provided for in the Special Use Permit development will be neighborhood -scale retail and office and compatible with both the existing nearby residential uses and the proposed residential uses within the development. The Special Use Permit request allows a transition between the existing neighborhood to the west and more intensive commercial uses along and in closer proximity to the Market Street Corridor. Without the Special Use Permit, the entire parcel is open to general B -2 development without conditions. Allowing residential uses in the B -2 by way of this Special Use Permit request will help ensure compatibility with the surrounding area. Additionally, a vegetative buffer will be provided between Middle Sound West and the existing neighborhood, any traffic improvements required by the traffic impact analysis will be made, and the project will incorporate a stormwater engineering plan where none exists now. The buildings will be constructed with high - quality, aesthetically pleasing facades and fenestrations, and the site design will incorporate greenspaces and sidewalks to ensure that Middle Sound West is a visually pleasing development and an enhancement to the area. The commercial components will provide adjacent residents with additional options for goods and services within walking or bicycle riding distance. All other adjacent parcels to the northeast, southeast and southwest are currently zoned 13-2, and would also not be negatively impacted by the Special Use Permit request. The additional residences will also provide additional customers for commercial businesses existing or to be developed on B -2 properties, enhancing horizontal mixed - use that would benefit the surrounding area as a whole. 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. The proposed project is in harmony with the area in which it is to be located. The zoning map below shows that the larger subject parcel is zoned B -2 and bordered by B- 2 on both the northeast and southwest property boundaries and Market Street on the 4 Board of Commissioners - October 21, 2019 ITEM: 18- 8 - 11 southeast. To the northwest, there is a residential community zoned R -10. The proposed mixed -use development provides a buffer of multi - family residential and smaller, neighborhood -scale B -1 uses in closer proximity to the existing neighborhood, which also ensures that more intensive uses will not be built within the Special Use Permit area directly adjacent to the R -10 developed property. Residents of the proposed multi - family residences will be able not only to walk or ride a bike to the commercial uses in the proposed development, but will be within walking distance of existing restaurants, offices, and recreational and entertainment uses. u u 7 YY� 4'r I1�4 0 This location lends itself to such a horizontal mixed -use development pattern, which is a benefit to New Hanover County. According to the Comprehensive Plan, New Hanover County is expected to continue its population boom for the next two decades with as many as 337,054 residents by the year 2040. More housing will be needed to accommodate that growth. Multi - story, multi - family residential is a more efficient way to meet this housing demand given the limited area of New Hanover County and relatively few remaining larger vacant tracts with access to sufficient infrastructure allowing opportunities for increased residential density and mixed -use development. The Comprehensive Plan encourages and recommends a more mixed -use approach to land use than the predominate development pattern taking place over the past few decades. The subject property is designated as Urban Mixed Use placetype in the Comprehensive Plan as illustrated below. The Urban Mixed Use placetype advocates moderate to high density multi - family residential uses as well as both vertical and 5 Board of Commissioners - October 21, 2019 ITEM: 18- 8 - 12 horizontal mixed -uses to include office and retail uses. This project incorporates all of those elements recommended by the Comprehensive Plan: Urban Mined Use Placetype ws,aa®1�+.rwwtincv.,+.. w.lalalll..r.. IMrt{wFlNe ■ IM10.1#M (INR. tBPW aRYNIW a .........rte �..,... `...._«..�... : �.� �.=... mow,{....... BIw I�UHi a.a. .v... u. .e.r N:..e u.. .N wo a r..r.r 44p) La VF,otf1.IN11NT {MNf, v „ ..».. liw L 6 DEFINITION This placetype provides access to a mix of residential, office, and retail uses at higher densities. Multi- family residential uses arc preferred, though higher- density single family developments will riot be prohibited. Mixed uses are encouraged in the same footprint in ❑ vertical pattern, but they can also be adjacent, or separated by lower traffic local and collector roads in a horizontal pattern. This placetype Use Number of Stories Ideal Density Office 3 -7 Moderate/ High Retail 1 -3 Low /Moderate planned 2 -7 Moderate/ Development High Residential 2 -5 Moderate/ High Commerdal/ 2 -7 Moderate/ Mixed Use HGoh Board of Commissioners - October 21, 2019 ITEM: 18- 8 - 13 Additionally, the proposed project is consistent with many of the Goals, Implementation Strategies and Implementation Guidelines of the Comprehensive Plan such as promoting both fiscally and environmentally responsible growth. Goal III: Promote fiscaliv res onsible growth. Implementation Strategies Implementation Guidelines C. Encourage infill development on vacant or blighted III.C.1 Encourage a mixture of uses that pieces of existing communities by providing create opportunities for shared parking incentives such as grants, but not limited to; density and setback requirements to serve the bonuses, and /or a reduction of parking requirements overall community. and /or setbacks. existing communities through encouraging infill and D. Encourage the redevelopment of single uses into III.D.1 Encourage incremental mixed -use developments where appropriate. transformation of single uses into with the surrounding neighborhoods. compatible mixed use centers that are IX.D.2 Encourage infill development to compatible with the surrounding maximize use of previously developed sites nei hborhoods. E. Encourage redevelopment of aging corridors to III.E.1 Encourage revitalization and support and strengthen adjacent neighborhoods. redevelopment of blighted infill sites into compatible mixed uses that enhance nearby residential areas through incentives such as density bonuses, shared parking, and /or innovative buffering. F. Encourage development where existing III.F.1 Encourage increased density in infrastructure is available. Urban Mixed Use areas within close proximity of City of Wilmington jurisdic- tion and Growth Nodes as identified on the Future Land Use Map (Porter's Neck/Kirkland, Monkey Junction, and 1- 40/1 -140 Interchange) in an effort to create densities that can support future infrastructure. Goal IX: Promote environmen Illy responsible growth. Implementation Strategies Implementation Guidelines A. Promote a mixture of uses where appropriate in IX.A.1 Encourage mixed use development an effort to cluster development and minimize that rewards development practices which impacts on natural resources. exceed minimum standards. D. Strengthen and direct development toward X.D.1 Encourage incremental inclusion of existing communities through encouraging infill and mixed uses into areas that are single use redevelopment. dominated where the uses are compatible with the surrounding neighborhoods. IX.D.2 Encourage infill development to maximize use of previously developed sites for highest and best use. 7 Board of Commissioners - October 21, 2019 ITEM: 18- 8 - 14 In sum, the proposed project will be in harmony with the area in which it is to be located and consistent with virtually all of the numerous policies and goals of the New Hanover County Comprehensive Land Use Plan promoting and encouraging mixed -use development. M. Board of Commissioners - October 21, 2019 ITEM: 18- 8 - 15 NEW HANOVER COUNTY 1 =t PLANNING & LAND USE AUTHORITY FOR %j APPOINTMENT OF AGENT 230 Government Center Drive Suite 110 Wilmington, NC 28403 910 -798 -7165 phone 910 -798 -7053 fax w%%,w.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 Matthew A. Nichols Coswald, LLC 7241 Market St. Company Owner Name 2 City, State, Zip Law Office of Matthew A. Nichols Wilmington, NC Address Address Parcel ID 3205 Randall Pkwy, Suite 104 1030 E. Wendover Ave. R04400- 001 -003 -000 City, State, Zip City, State, Zip Wilmington, NC 28403 Greensboro NC 27405 Phone Phone (910) 508 -7476 Email Email matt @mattnicholslaw.com Ica" Number Reference: Date/Time received: Received by: This document was willfully executed on the Coswald, LLC: day of U t,z 20 A - J-4 , A.I. 0 &A A:4-� Owner Signat re V Owner 2 Signature By: *5. L"� SKrj�rtly!�- Printed Name T4tle Board of Commissioners - October 21, 2019 09/14 ITEM: 18- 8 - 16 NEW HANOVER COUNTY ,.r 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.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 applicant 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 Applicant(s) Subject Property Name Owner name Address Matthew A. Nichols Tribute Companies 7241 Market St. Company Owner Name 2 City, State, zip Law ©fiice of Matthew A. Nichols Wilmington, NC Address Address Parcel ID 3200 Randall Pkwy, Suite 104 10 S. Cardinal Dr. 804400- 001 - 003 -000 City, State, Zip City, State, Zip Wilmington, NC 28403 NC 28403 Phone -Wilmington, Phone (910) 508 -7476 (910) 251 -5030 Email Email matt@mattnicholslaw.com Application Tracking Information 1r @tributecompanies.com (St9fl, OnIN.) Case Number Reference: Date/Time received: Received by: I'his document was willfully executed on the day of �(n � _y . 20 Tribute Companies: Applicant 1 Signature By: Mark Maynard, Jr. Board of Commissioners - October 21, 2019 ITEM: 18- 8 - 17 09114 PARAMOUNTE I--- N C3 1 N Lz� F-= R I " C__, I N C. July 2, 2019 MIDDLE SOUND WEST 7241 MARKET STREET COSWALD LLC Deed Book 4883, Page 903 All that tract or parcel of land located in Harnett Township, New Hanover County, State of North Carolina, being a portion of the lands conveyed to Coswald LLC as recorded in Deed Book 4883 at Page 903; said parcel being more particularly described as follows: Beginning at an iron rod located at the southwesterly corner of the herein described parcel; said iron rod located on the northeastern right of way of Lendire Road being a 60' right of way. Thence along the northwestern line of said parcel and the southeastern side of Jacobs Ridge West Bay HOA, Inc recorded in deed book 3576 page 824, N 45 °45'11" E a distance of 156.96' to an existing iron pipe; Thence N 37 °23'17" E a distance of 1079.69' to an existing iron pipe; Thence turning and running with the lands of Camelot Campground, Inc as recorded in deed book 1863 page 212, Thence S 60 °33'55" E a distance of 555.53; Thence with a new boundary line running through said Coswell LLC parcel the following eight (8) calls: Thence S 37 °23'17" W a distance of 895.06; Thence S 49 °23'06" E a distance of 75.16'; Thence S 45 °42'15" W a distance of 38.00'; Thence S 47 °58'39" W a distance of 29.38'; Thence N 53 °00'18" W a distance of 290.32; Thence S 36 °46'05" W a distance of 226.05'; Thence S 53 °03'22" E a distance of 245.34; Thence S 45 °32'58" W a distance of 202.55'; Thence along the right of way of Lendire Road N 44 °30'42" W a distance of 571.58'; to the point of beginning, Having an area of 681,189 + /- square feet, 15.638 + / -acres more or less. 5 9 1 1 ❑ L E A N D E R D R I V E , S T E . 2 ❑ 1 , W I L M I N G T O N , N C 2 8 4 ❑ 3 P H ( 9 1 0 7 9 1 - 6 7 D 7 F A X : ( 9 1 ❑ ) 7 9 1 - 6 7 6 0 Board of Commissioners - October 21, 2019 ITEM: 18- 8 - 18 PARAMOUNTE Ez N G 1 N L E Prt I N G. I N C MEMORANDUM Date: August 22, 2019 To: To whom it may concern From: Tim Clinkscales, PE, PLS RE: Stormwater for Project We understand the concern of the community in regard to stormwater detention, in that vein, we are designing the stormwater facilities to handle up to and including the 100 -year event. This event exceeds the county requirement of the 25 -year event, in addition, all stormwater on the site will be conveyed into our stormwater facilities, therefore any stormwater that flows into the northern ditch/ market street today will be now conveyed to our stormwater facility. For water quality, our basin is 60% larger than the required by NCDEQ, in addition will be providing pretreatment measures to enhance the water quality in our treatment system. In conclusion, we believe that the stormwater system will be enhanced by this project since the stormwater flow for all storms will be less than its current condition. 1 2 2 0 1 N E M A D R I V E, W I L M I N G T ❑ N, N C 2 8 4 ❑ 3 P H : ( 9 1 ❑) 7 9 1 - 6 7 (_3 7 F A X: ( 9 1 ❑) 7 9 1 - 6 7 6 ❑ Board of Commissioners - October 21, 2019 ITEM: 18- 8 - 19 0 DAVENPORT August 22, 2019 RE: Summary of Trip Generation Comparison Middlesound West, New Hanover County, NC DAVENPORT Project Number 190231 This memorandum is in response to a request from the owner to provide a comparison of Trip Generation of the "By Right (B -2) Use" versus the "Proposed Use" for the proposed Middlesound West development project located in New Hanover County, NC. DAVENPORT prepared a conservative comparison of Trip Generation of the `By Right (B -2) Use" versus the "Proposed Use ". Under the existing B -2 zoning, there are many potential commercial land uses that could be developed by right on this 15 acre property or it could be developed as a Big Box Retail Store(s) or Retail Center. As a conservative approach, we assumed a mix of retail, office and restaurant uses totaling approximately 116,000 SF. With this mixture of uses, internal capture reductions were included as well to be conservative in the trip generation comparison. In general, the results indicate that this potential conservative "By -Right Use" would generate approximately 3 times more traffic, and this could even be higher depending on the actual size and land uses developed on the property. Summary Table of Trip Generation Comparison Use AM Peak Traffic Volumes PM Peak Traffic Volumes Daily Traffic Volumes Proposed 71% less traffic 65% less traffic — 2/3 less traffic By Right 3.5 times more traffic 2.8 times more traffic — 3 times more traffic "Proposed Use" Trip Generation Table :A Middlesound West Average Weekday Drive%vay Volumes 24 Hour AM Peak PM Peak Two -Way Hour Hour Land Use ITE Land size Method 'Volume Enter Exit Enter Exo Ada iame Multifarn ly Hcou5ing (Low- 2220 24.0 Dwelling Adjacent" 141 3 9 10 6 Rises Units Equation Mumfemily Housing (Mid- 221 264.0 Dwelling Adjacent? 1,437 23 66 69 Rise) Units Equation Small Office X12 32.0 Employees Generator) � �� 5 1a 29 32 Building Equation Total Unadjusted Trips 1.833 51 89 11108 92 Home Office: Wilmington Regional Office: Serving the Southeast since 2002 119 Brookstown Ave. Suite PH1 3722 Shipyard Boulevard, Suite E Winston - Salem, NC 27101 Wil in ton, NC 28403 Main: 336.744.1636; Fax: 336.458.9377 Board �{ 'o �glo §. F1Ptg� @r429AP19 ITEM: 18- 8 - 2b Page 2 0 DAVENPORT Potential "By -Right Use" Trip Generation Table 8/22/2019 DAVENPORT Project No. 190231 I am a Registered Professional Engineer in the State of North Carolina and hereby certify that the results outlined herein were determined using methods prescribed by the standards of Traffic Engineering. If you need additional information or have any questions, please feel free to contact me at 910 - 251 -8912. Sincerely, Daniel R. Cumbo, PE Senior Associate cc: File 190231 Home Office: Wilmington Regional Office: Serving the Southeast since 2002 119 Brookstown Ave. Suite PH1 3722 Shipyard Boulevard, Suite E Winston - Salem, NC 27101 Wilmington, NC 28403 Main: 336.744.1636; Fax: 336.458.9377 Board WFYPa "iggt%1ff§. FQ„ct*gr4494 19 ITEM: 18- $ - 21 10MUM-5—un-dWest Average Weekday LrivewayVolumes 24 Pour AM Peak Hour PNI Peak Hour Tw* -W Land Use lid Land S � Da Volume Enter Exit Eater Exit Code Small Office Buildin 712 45,0 Employees Generattor± Equation 359 33 is 40 48 Shopping Center I= 52.0 40.0 10+04 GFA Adjaacent Equation 3,224 107 132 143 Shopping Center 320 50.0 9000 �GFA Adjacent/ E cation 3,752 110 67 156 160 Shopping enter pry €1.20 8.4 t(y00 GLA Adjacentl" Equation 1.118 54 33 42 45 High-Turnover (Sit Do.-,n i Restaurant "MmiGTM 932 &I 7 -0 • R M. 4T* a 10700 GFA 4 `Cen'eratvr,, Rate 7$5 e 60 1 42 B3 58 office 3rti temal Capture J etai I I nternal a tore -11 -23 -23 -25 Restaurant Internal Oapture -1 1 -1 1 -26 LUC h urnover estaurant `35A .6 0 1 -1 -1 U in enter i :o 0 tC, Cr I am a Registered Professional Engineer in the State of North Carolina and hereby certify that the results outlined herein were determined using methods prescribed by the standards of Traffic Engineering. If you need additional information or have any questions, please feel free to contact me at 910 - 251 -8912. Sincerely, Daniel R. Cumbo, PE Senior Associate cc: File 190231 Home Office: Wilmington Regional Office: Serving the Southeast since 2002 119 Brookstown Ave. Suite PH1 3722 Shipyard Boulevard, Suite E Winston - Salem, NC 27101 Wilmington, NC 28403 Main: 336.744.1636; Fax: 336.458.9377 Board WFYPa "iggt%1ff§. FQ„ct*gr4494 19 ITEM: 18- $ - 21 SUPPLEMENT TO APPLICATION FOR SPECIAL USE PERMIT Middle Sound West Mixed -Use Development 7241 Market Street Distinguishable Design Features Narrative As provided for in New Hanover County Zoning Ordinance Section 72- 38(1), the proposed Middle Sound West mixed -use project will be unified by a number of distinguishable design features, including the following: • High - quality, consistent architectural design will be employed throughout all of the buildings to create visually appealing facades with interesting fenestration in a cohesive design. • A complementary color scheme will be used throughout the development, and the buildings will be positioned in a walkable street grid design creating a "block" pattern. These blocks are designed such that the buildings are oriented toward the parking area, providing grass courtyard type areas of open space behind the residential buildings with connecting sidewalks to encourage pedestrian movement and outdoor activities. • The common theme and cohesive vehicular and pedestrian connections throughout the project will include consistent high - quality design features, including landscaping, park benches, bicycle racks, street lights and signage. • Sidewalks provided throughout the development along all block -faces and interior courtyard areas will help energize the project and encourage residents to walk within the development and to existing and future commercial uses in the vicinity. A central roundabout provides a design focal point as well as a traffic calming measure. • Energy- efficient LED streetlights, consistent in design, will be placed throughout the development at regular intervals to improve nighttime visibility. • Middle Sound West will feature several amenities for residents, including a community pool, clubhouse and community building. A large village green community space will promote outdoor activities. A large zero curb plaza will connect the pool and amenities building to the village green. All amenities are connected to the sidewalk system for the overall project. Board of Commissioners - October 21, 2019 ITEM: 18- 8 - 22 REPORT OF COMMUNITY MEETING Special Use Permit for a portion of 7241 Market St. New Hanover County Planning File No. S 19 -02 The undersigned hereby certifies that written notice of a community meeting for the above - referenced special use permit request was mailed via First Class Mail to all property owners within 500 feet of the subject property as listed on the County tax records on August 7, 2019, and also submitted to the County Planning Department on August 7, 2019 for e-mail distribution via the "Sunshine List ". A list of all adjacent property owners to whom written notice was mailed is attached hereto as Exhibit "A ". A copy of the written notice is also attached as Exhibit `B ". Copies of all envelopes that were returned undeliverable are attached as Exhibit "C" The meeting was held at the following time and place: Monday, August 19, 2019, from 6:00 p.m. to 7:30 p.m. at Covenant Church, 210 Station Rd., Wilmington, North Carolina. The persons in attendance were: For a list of persons in attendance, please see copy of sign -in sheets from the Community meeting attached hereto as Exhibit "D ". On behalf of the Applicant the following people were in attendance: Mark Maynard, Jr., Molly McDonough and Maria Pietroforte, Tribute Companies; Josh Mihaly, RLA, Mihaly Land Design; Dan Cumbo, P.E., Davenport; Tim Clinkscales, P.E., Paramounte Engineering; Matt Nichols and Nikki Cooper (paralegal), Law Office of Matthew A. Nichols. The following issues were discussed at the Community Meeting: • Proposed mixed -use development and uses; • Current zoning and possible by -right uses of site; • Types of land uses allowed in the B -2 zoning; • Site design and building elevations; • Timing of Special Use Permit process and public hearings; • Fencing; • Stormwater impacts and management; • Traffic impacts and concerns; • Number and location of proposed driveways; • Proposed roadway improvements with the project; • Timeframe for NCDOT project improvements on Market Street and Military Cutoff Extension; • Amount of traffic expected to be generated by the proposed project (AM peak, PM peak and Daily Trips) and comparison of trip generation for by -right use versus proposed use; • Future intersection connection of Lendire Road and Military Cutoff Extension; • Lendire Road recently added to the NCDOT state road system. Board of Commissioners - October 21, 2019 ITEM: 18- 8 - 23 As a result of the meeting the following changes were made to proposed project: • Addition of a 6-foot wooden fence along the northwestern boundary of the project. • Addition of multi -use path. • Designing the stormwater facilities to handle up to and including the 100 -year event. Respectfully submitted, By: Vd C? 19 Matthew A. Nichols, attorney and agent for the Applicant Law Office of Matthew A. Nichols 2 Board of Commissioners - October 21, 2019 ITEM: 18- 8 - 24 OWNER ABRAMS DANIELLE ADAIR ZACHARY WILSON ADAMS JASM I N E AIKMAN TEDDY B DENISE L ANDERSON JAMES CARL ANDRESEN BONNIE J ASH JUSTIN 10HANNE BAKER AMANDA D BEALL MEGAN ELISE BECK RONALD W ELIZABETH P BENNING SUZETTE J BERRIER DANA MEREDITH BISSINGER PAUL F BOCALISI REALTY TRUST BROWN ELIZABETH BROWN JESSE R JOANNA J BROWN MICHELLE LEE BROWN SIMON A BRUNKSWICK PROPERTY SOLUTIONS LLC BRYANT DEBORAH ETAL C&J PROPERTIES OF HAMPSTEAD LLC CAMELOT HOLDINGS INC CAMERON COMPANY TIMBER LLC ETAL CAPE FEAR PUBLIC UTILITY AUTHORITY CARMO GEORGE CHOW TONY CHUNG KING TONG COGDELL CAROLYN R COLE ROBERT W IV JILLIAN F COMER BREIANNE M CORBETT TRAVIS COSWALD LLC MAILING LIS' MAILING ADDRESS 212 PALM GROVE DR 7420 ERN WAY 7423 ERN WAY 201 PALM GROVE DR 7402 ERN WAY 16082 TORREYS WAY T FOR COMMUNITY MEETING NOTICE WILMINGTON, NC 28411 WILMINGTON, NC 28411 WILMINGTON, NC 28411 WILMINGTON, NC 28411 WILMINGTON, NC 28411 BROOMFIELD, CO 80023 213 WAGON WHEEL WAY 206 BRIDGETON CT 225 PALM GROVE DR 7427 ERN WAY 7413 ERN WAY 351 LAFAYETTE STREET 1566 CIVIETOWN RD 89 ACCESS RD SUITE 1 7302 VESPAR CT 201 MARTINIQUE WAY 225 BRIDGETON CT 7403 ERN WAY 408 WHITE COLUMNS WAY 204 PALM GROVE DR 109 MIDDLE POINT RD 1900 EASTWOOD RD #10 PO BOX 3649 235 GOVERNMENT CENTER DR 7513 PETERS LN 327 LIDO DR 7420 MILAN CT PO BOX 620 331 LIDO DR 7315 MORLEY CT 217 BRIDGETON CT 1030 WENDOVER AVE E WILMINGTON, NC 28411 WILMINGTON, NC 28411 WILMINGTON, NC 28411 WILMINGTON, NC 28411 WILMINGTON, NC 28411 WILMINGTON, NC 28411 SUPPLY, NC 28462 NORWOOD, MA 2062 WILMINGTON, NC 28411 WILMINGTON, NC 28411 WILMINGTON, NC 28411 WILMINGTON, NC 28411 WILMINGTON, NC 28411 WILMINGTON, NC 28411 HAMPSTEAD, NC 28443 WILMINGTON, NC 28403 WILMINGTON, NC 28406 WILMINGTON, NC 28403 WILMINGTON, NC 28411 WILMINGTON, NC 28411 WILMINGTON, NC 28411 SUPPLY, NC 28462 WILMINGTON, NC 28411 WILMINGTON, NC 28411 WILMINGTON, NC 28411 GREENSBORO, NC 27405 CROIGER YVES MARIE CLAIRE 810 WINE CELLAR CIR WILMINGTON, NC 28411 CURTIS DONALD P 7340 MARKET ST WILMINGTON, NC 28411 Board of Commissioners - 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090 -000 MYERS GAVIN 7312 VESPAR CT WILMINGTON, NC 28411 R03617- 002 - 001 -000 NC DEPT OF TRANSPORTATION 1505 MAIL SERVICE CTR RALEIGH, NC 27699 R04400 -001- 787 -000 R04400- 001 - 786 -000 NEW HANOVER COUNTY 230 GOVERNMENT CENTER DR WILMINGTON, NC 28403 R04400- 002 - 037 -000 SUITE 190 NGUYEN QUANG 7305 VESPAR CT WILMINGTON, NC 28411 R03617- 002 - 022 -000 NOGLIO ENZO 7302 MORLEY CT WILMINGTON, NC 28411 R03617- 002 - 033 -000 OAKWOOD PROPERTIES LLC 5121 TROJAN DR CHARLOTTE, NC 28278 R04400- 003 - 002 -002 OCEANS 3 LLC 8636 VINTAGE CLUB DR WILMINGTON, NC 28411 R04400- 002 - 030 -000 ODONNELL KELLY A 425 BEN OAKS DR W SEVERNA PARKS, MD 21146 R03617- 001 - 033 -000 OGDEN CARWASH LLC 1900 EASTWOOD RD #10 WILMINGTON, NC 28403 R03600- 001 - 378 -000 OGDEN COFFEE LLC 1900 EASTWOOD RD 10 WILMINGTON, NC 28405 R04400- 002 - 038 -000 OGDEN SPORTS CENTER LLC 1900 EASTWOOD RD SUITE 10 WILMINGTON, NC 28403 R04400- 001 - 004 -000 PALM GROVE OWNERS ASSOC INC 430 EASTWOOD RD SUITE 100 WILMINGTON, NC 28403 R03600- 001 - 339 -000 PARRISH CAROLYN B PO BOX 54 HAMPSTEAD, NC 28443 R04406- 001 - 001 -000 R04406- 001 - 003 -000 PATTERSON JAY CHARLOTTE 7235 MARKET ST WILMINGTON, NC 28411 R04400- 002 - 033 -000 PENN EL PATRICK A 1341 BERKELEY ST APT 1 SANTA MONICA, CA 90404 R03617- 002 - 019 -000 PORTER DEBORAH A 7404 ERN WAY WILMINGTON, NC 28411 R03617- 001 - 026 -000 RAMOS MARLON ESQUIBEL 7226 VESPAR CT WILMINGTON, NC 28411 R03617- 002 - 008 -000 ROBITAILLE DONNA RAE TRUSTEE 218 BRIDGETON CT UNIT 30 WILMINGTON, NC 28411 R03617- 001 - 086 -000 RUSKIN RYAN MICHAEL 7414 ERN WAY WILMINGTON, NC 28411 R03617 -001- 031 -000 RYALS DELORIS 906 BAYSHORE DR WILMINGTON, NC 28405 R04400 -002- 030 -001 RYAN JAMES R CAROL JOAN 325 TOULON DR WILMINGTON, NC 28405 R04406- 001 -002 -001 SAENZ OSWALDO N 7313 VESPAR CT WILMINGTON, NC 28411 R03617 -002- 026 -000 SCHEER JAMES ETAL 222 BRIDGETON CT WILMINGTON, NC 28411 R03617 -001- 084 -000 SHAH MOHAMMAD BELQEES S ETAL 4116 MIDDLE RIDGE DR FAIRFAX, VA 22033 R03617 -001- 032 -000 SHANNON JOSEPH EDWARD 802 SPRING VALLEY RD WILMINGTON, NC 28405 R04400- 002 - 031 -001 Board of Commissioners - October 21, 2019 ITEM: 18- 8 - 27 SHANNON ROBERT GLENN ETAL SHEPARD CARL E MARTHA S SHERRICK INVESTMENTS LLC SHOLAR HOLDINGS LLC SHUMPERT SCOTT D SINGLETARY DAWN MICHELLE ETAL SLEIGHER FRANCIS J JR SNYDER JENNIFER K ETAL SPIREK BRANDI ROSE STALVEY PROPERTY LLC STEARNS PROPERTIES LLC STILWELL EMILY E STOKLEY DENNIS G SHARON J STOUT JOHN C CYNTHIA S STRICKLAND DANIEL E KELLI CAVE SUGGS JEFFREY E TALLON ALLISON L BRENDAN L TAYLOR CHARLES W III AMANDA L TAYLOR RAMONA A TRI -CITY BUTTE LLC UHRICH ADRIANE C VAN KIRK JOSEPH C BARBARA L VANDERGAAG JUSTIN VASKE MARCUS TODD JENNIFER LYNN WAGNER LEROY R KATHRYN L WALKER LAURIE ETAL WALLACE MARY L WCW PROPERTIES LLC WILLIAMS CHELSEA M WILLIAMS STEPHEN T WORTHLEY ASA G ETAL WP MARKET STORAGE LLC WRIGHT GINA M 3 CASPER RD BSL SOUTHPORT, NC 28461 R04400 -002- 034 -000 R04400 -002- 032 -000 PO BOX 353 SNEADS FERRY, NC 28460 R04400 -003- 002 -004 4774 RIVER FARM RD ROCKY MOUNT, NC 27803 R03617 -001- 065 -000 133 INLET DR WILMINGTON, NC 28411 R04400 -003- 117 -000 R04400- 003 -002 -007 7424 MILAN CT WILMINGTON, NC 28411 R03617 -001- 070 -000 7425 ERN WAY WILMINGTON, NC 28411 R03617 -001- 049 -000 205 BRIDGETON CT WILMINGTON, NC 28411 R03617 -001- 041 -000 208 BRIDGETON CT WILMINGTON, NC 28411 R03617- 001 - 091 -000 7421 ERN WAY WILMINGTON, NC 28411 R03617- 001 - 051 -000 313 CAVALIER DR WILMINGTON, NC 28403 R04400- 003 - 001 -000 51 COCHETOPA TRL POWDERHORN, CO 81243 R03617- 001 - 064 -000 224 BRIDGETON CT WILMINGTON, NC 28411 R03617- 001 - 083 -000 708 TREE SWALLOW LN WILMINGTON, NC 28411 R04406- 001 - 001 -001 7306 VESPAR CT WILMINGTON, NC 28411 R03617- 002 - 004 -000 7311 VESPAR CT WILMINGTON, NC 28411 R03617- 002 - 025 -000 216 BRIDGETON CT WILMINGTON, NC 28411 R03617- 001 - 087 -000 7306 MORLEY CT WILMINGTON, NC 28411 R03617- 002 - 031 -000 205 PALM GROVE DR WILMINGTON, NC 28405 R03600 -001- 322 -000 7308 MORLEY CT WILMINGTON, NC 28411 R03617 -002- 030 -000 1227 ROCKINGHAM RD ROCKINGHAM, NC 28379 R04400- 002 - 029 -000 129 GREEN ST APT 7 WARRENTON, VA 20186 R03617- 001 - 030 -000 2526 COUNTRY CLUB RD JACKSONVILLE, NC 28546 R03617- 002 - 005 -000 38 LENAPE TRL WAYNE, NJ 7470 R03617 -001- 029 -000 213 PALM GROVE DR WILMINGTON, NC 28411 R03600- 001 - 324 -000 212 BRIDGETON CT WILMINGTON, NC 28411 R03617- 001 - 089 -000 319 LIDO DR WILMINGTON, NC 28411 R03600- 001 - 369 -000 846 BELL FORK RD JACKSONVILLE, NC 28540 R04400- 002 - 036 -000 5809 MEADOW BROOK CT WILMINGTON, NC 28409 R03617- 001 - 069 -000 7409 ERN WAY WILMINGTON, NC 28411 R03617- 001 - 056 -000 433 ROSLYN RD WINSTON SALEM, NC 27104 R03600 -001- 007 -000 106 N CHANNEL DR WRIGHTSVILLE BEACH, NC 28480 R03617 -002- 007 -000 4064 COLONY RD SUITE 430 CHARLOTTE, NC 28211 R04400 -002- 043 -000 R04400 -002- 028 -000 7311 MORLEY CT WILMINGTON, NC 28411 R03617 -002- 061 -000 Board of Commissioners - October 21, 2019 ITEM: 18- 8 - 28 EXHIBIT LAW OFFICE OF MATTHEW A. NICHOLS 3205 Randall Parkway, Suite 104 Ph: (910) 508 -7476 Wilmington, NC 28403 Email: matt@mattnicholslaw.com August 7, 2019 NOTICE OF COMMUNITY MEETING TO: Adjacent and Nearby Property Owners and Residents FROM: Matthew A. Nichols RE: Community Meeting Regarding Special Use Permit Request New Hanover County Planning File No. S19 -02 Meeting Date and Time: Monday, August 19, 2019, from 6:00 p.m. to 7:30 p.m. Meeting Location: Covenant Church, 210 Station Road, Wilmington, NC 28405 Dear Neighbors: This is a notice for a community information meeting regarding a Special Use Permit request submitted to New Hanover County by my client, Tribute Companies (the applicant), to allow residential uses within a commercial district pursuant to Section 72 -38 of the New Hanover County Zoning Ordinance. The subject property is located at 7241 Market Street and is currently zoned B -2 Highway Business District. My client is requesting a Special Use Permit to allow for the development of a proposed mixed -use project including 288 multi - family units and approximately 7,466 square feet of commercial space on a portion of the subject property. The subject parcel located at 7241 Market Street (New Hanover County Tax Parcel ID No. R04400- 001 -003 -000) consists of approximately 30.82 acres and is generally shown as that property outlined in blue on the attached Exhibit 1. The Special Use Permit (SUP) request applies to approximately 15 acres of the subject parcel, generally shown as the Proposed SUP Area outlined in yellow on the attached Exhibit 1. A copy of the proposed site plan is attached as Exhibit 2. The purpose of the community information meeting is to explain the proposed development and answer questions from meeting attendees. This meeting is also open to the general public. The community meeting will be held at Covenant Church located at 210 Station Road, Wilmington, NC from 6:00 p.m. to 7:30 p.m. on Monday, August 19, 2019. For directions or for further information, or if you are unable to attend the community information meeting and have any questions, comments or concerns about this matter, please feel free to contact me or my paralegal Nikki Cooper at the contact information listed above, and I will be glad to speak or meet with you individually at your convenience. Board of Commissioners - October 21, 2019 ITEM: 18- 8 - 29 EXHIBIT 1 Board of Commissioners - October 21, 2019 ITEM: 18- 8 - 30 co uj z �rmS Uaip�pY � \� //LIJt1 a'elpgww� X V in 4i ..Ae�a��Naa- �149Q1 .ez,eczs s- Nw..w I ✓m _A1 I yy Olt six nt tl� -1 r--0 % � 4 I pT{ITti1' I i l y ��-. u — _ � * zh!r•_ °`i ChM � +r _ �—..� ' `t r 1j � 1 T 3 ILRLK N - ..-OVE L — /- au9rmm NSNartt�urn I Pm mm�w� Y ' —I be b im � mwRmwwwnm. _ y 'I± 1 Board of Commissioners - October 21, 2019 ITEM: 18- 8 - 31 :�nwawwrwR�Rr x •a��tl.��RRR +mtp� A�ldS -0�11R [acavuuzrmz: .a o..a.��' /Yt4.�1 �..m,m �� 6�R. IRIWS6tL: q vsn G1CM1�}. 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Fri T �arND7 -P. ra�Ur - iCIENT ADDRESS {.. _ �. ii i. y r'1 La ti L { Li x" L i 4 tit A � 47 it 3343BS w 5.C. 7- Z. Oaf- TZ,_.F. USA �� t X11' �f' Elllffl!! sfsil�jyl if��' tfrt�iiiy 's;rl�pi��l,�sssrysss� ....�, RYAN MICHAEL RUSKIN 7414 ERN \A/AV VVILMINGT{ FORWARD TIME a EAR' RTN TO SEND8'08�1y RUSKIN'RYAN M 1772 LARCH AVE N= APT 303 ISSAQUAH WA 98029 -7332 RETURN TO SENDER t tfflllillfofrrlllrrfi I f:l:llirlilsrrf II Ilrr6r:l �If6F,rf r 61i, s e r ere, r, rr r ... . .. ... .. ., .. .. BETH MCDONNELL MATTHEW E MCDONNELL 3371 BLACKBFA° -n Dn __ GREENBACKVI NIXIE 2 31 oD E 2 RETURN To SE'tkDc:rs NO MAIL RECEPT, C; E UNABLE TO FORWARD Board of Com'missioner's ?Oct r °20 5 2 $ 2;.: 26 1 v .' f" m: 18- 8 - 32 i 11l6tIlsilllpi��r�lrffp�, e of Matthew A- Nil Call Parkway, Suite 104 :>n, NC 28403 �-t- CX7 'USA ADRIANE C UHRICH 129 GREEN ST APT 7 WARRE 282 N7E I 21917ZOS ' 108,'19 TINIE EXP R N -0 5- E D J 7'1^ 2 ErtN AY of Matthew A. Nichols .,ail Parkway, Suite 104 NC 28403 2 L USA SHERRICK INVESTMENTS LLC 4774 RIVER FARM RD ROCKY Mni-INT- NJC 9790�1-- — N 1 X1 E 276 FE 1 0008/1.6/19 RETURN TO SENDER T V =_- AZ! Ak D V, 0 %IABLE 10 FORWARD z8: &,L�b&bbo i 11111il 1111311 1 Jill Board of Commissioners - October 21, 2019 ITEM: 18- 8 - 33 EXTHIBIT .Y COMMUNITY MEETING SIGN -IN SHEET FOR SPECIAL USE PERMIT REQUEST FOR 7241 MARKET ST. (S19 -02) (NEW HANOVER TAX PARCEL ID NO. R04400- 001 - 003 -000) AUGUST 19, 2019 COVENANT CHURCH, 210 STATION RD., WILMINGTON, NC NAME ADDRESS fc-9k/7A7rot/ LQwZjqA Vt L/jf/ & ?I �? k , "'\ 5 � &;k)k '� a-1-1 Board of Commissioners - October 21, 2019 ITEM: 18- 8 - 34 NAME �Itf FfiHy Community Meeting Sign -In Sheet Proposed Special Use Permit for 7241 Market St. Monday, August 19, 2019 Covenant Church, 210 Station Rd. ADDRESS L�Ao`�r -Ct 2g4-II /0 y L i' b 6 Pqe r ,,.e, a7 &V j� be- FA H Y /0 �v, LEO ��Ciy�/ aUq V (P -tm Garm rna ✓T ms(�)-- K(*� C—( 26'? Loci sL,&� 6ii Lf Y6 �— r &a'a 11 t�� ':Z� 7B F,/ /-'2 7-OW 0 7-- e50 Q �/ Board of Commissioners - October 21, 2019 ITEM: 18- 8 - 35 NAME Community Meeting Sign -In Sheet Proposed Special Use Permit for 7241 Market St. Monday, August 19, 2019 Covenant Church, 210 Station Rd. ADDRESS 7233 r`b-j�f tSf ttllllx U-C 29VZl a�C'Q 1 cam- 6, - am �u , q(A J-4 Y'ZZ CC\ iP.c��. i20_ShVY_I�uG Cl. zs�i Board of Commissioners - October 21, 2019 ITEM: 18- 8 - 36 Community Meeting Sign -In Sheet Proposed Special Use Permit for 7241 Market St. Monday, August 19, 2019 Covenant Church, 210 Station Rd. NAME ADDRESS 9 - r s 5 Cvt d 7141 q L c& c Board of Commissioners - October 21, 2019 ITEM: 18- 8 - 37 _ NIP 5/8 REBAR O � q a 0 rJ1 --'� Board of Commissioners - October 21. 2019 EXISTING SITE DATA PROJECT ADDRESS: PARCEL ID: TOTAL TRACT AREA: SUP AREA: ZONING DISTRICT: LAND CLASSIFICATION: OWNER INFORMATION: 7241 MARKET ST. R04400- 001 - 003 -000 ± 30.84 AC ± 15.6 AC B -2 URBAN & GENERAL RES. COSWALD, LLC. 1030 E. WENDOVER AVE. GREENSBORO, NC 27405 SITE INVENTORY NOTES 1. Soils Types: Se (Seagate fine sand), Le (Leon sand), Mu (Murville fine sand), & DO (Dorovan) 2. This property is not impacted by any AEC. 3. This site is not impacted by any recognized historic or archeological significance. 4. No cemeteries were evidenced on the site. 5. There is no evidence of jurisdictional wetlands within the proposed Special Use Permit area. 6. There is no evidence of endangered species or habitat issues on the site. 7. No portion of this property is within a Special Flood Hazard Area as evidenced on N.C. Flood Map 3720315900J, dated April 3, 2006. O U cry O U O w W cry W W 1 O r� V V J nW F1 -I I� W Z O w o! z O a O 1 Z Z W J U Wo w �J Z O � �DN Z Q U o U 0 W o O W U z Z �W i--� W O H N w0 22U OVi F Z o� O r � n C D a Q» Z z F- >° ° Z o LL J J d U < 0 Z_ o F-Q�❑ --)W�O< 0 > ZZY ZWQw HQ(nQW Z d UU d E x O�❑❑ U SEAL BE-1 PEI JOB #: 19244.PE JC MORGAN REAL ESTATE VALUATION 1 R:EV EW ( C[1NSUL"rING October 3, 2019 New Hanover County Planning Commission 230 Government Center Drive Suite 110 Wilmington, NC 28403 Re: Special Use Permit Application Middle Sound West Mixed Use Development - 7241 Market Street Tribute Companies 10 S. Cardinal Drive Wilmington, NC 28403 JC Morgan Company is a real estate appraisal and consulting firm in Wilmington, NC. Since 2010, our firm has appraised and consulted on hundreds of properties in and around the Wilmington area. The property types we appraise and provide consulting services for include vacant land, residential, multi- family, retail, office, industrial, subdivisions and mixed -use. Our client base consists of real estate owners, developers, financial institutions, local and federal governments and related agencies, attorneys, utility companies and airport authorities. I was recently engaged by the applicant to perform research and analysis that would enable me to conclude an opinion to Criteria Numbers 3 and 4 (on page 6 of 8) of the applicants Special Use Permit application. As my expertise is in real estate valuation, I have limited my scope to this area. The first of the two required criteria I researched was: Criteria Number 3 The use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. To develop an opinion for this criteria, I took several steps. Each is summarized as follows: 1. I performed a review of several apartment communities and comparable mixed use projects in the Wilmington market to determine the impact, if any, these properties had on adjacent property values. During my research, I found no indication that the properties abutting the adjacent apartment communities or comparable mixed use properties had a negative impact on value. Lumina Station 1904 Eastwood Road • Suite 30S • Wilmington, NC • 28403 PO ]Box 481 • Wrightsville Beach, NC • 28480 Tel: 910 -256 -2920 • Fax: 888- 819 -8258 www.jemorganco.com Board of Commissioners - October 21, 2019 ITEM: 18- 9 - 1 Discussions with market participants is a common method to get a feel of how the market perceives various issues. For this assignment, I spoke with several market participants (residential real estate appraisers and brokers) about the impact the proposed development could have on the adjoining or abutting properties. All of the individuals indicated that the proposed project would have no impact on the real estate values of adjoining or abutting properties. Two indicated that backing up to several uses permitted in the B -2 district could have a negative impact on value. In summary, there was no market data that I found that suggested the proposed project would have any impact on the values of the adjoining or abutting properties. The next criteria associated with the Special Use Permit Application is as follows: Criteria Number 4 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 New Hanover County Comprehensive Land Use Plan. Due to the growth of the immediate area over the past several years, the property is considered an infill site. Within the market area, comparable infill sites have been developed with mixed uses, generally consisting of commercial land uses located at the front of the development and residential land uses located at the rear of the development. These two land uses are often (and preferably) transitioned by multi - family or lower intense commercial uses. The proposed project maintains this trend, suggesting it is in harmony with the area it is located. Furthermore, the property is identified as an Urban Mixed Use place type in the NHC Comprehensive Plan. In my opinion, the proposed development easily conforms to the County's definition of this place type. The proposed development is consistent with the New Hanover County Comprehensive Land Use Plan as it provides the desired property mix, as noted in the Comprehensive Plan, and an orderly transition of property types from the higher intensity uses located along Market Street to the single family residential uses to the west of the property. Should you have any questions, or want to discuss this matter further, please do not hesitate to contact me. Sincerely, Jack C. (Cal) Morgan, III, MAI, SRA, AI -GRS IC Morgan Company Board of Commissioners - October 21, 2019 ITEM: 18- 9 - 2 ■ IIII'l I PROPOSED SITE PLAN Board of Commissioners - October 21, 2019 ITEM: 18- 11 - 1 Board of Commissioners - October 21, 2019 ITEM: 18- 11 - 2 i EXISTING SITE DATA PROJECT ADDRESS: PARCEL ID: TOTAL TRACT AREA: SUP AREA: ZONING DISTRICT: LAND CLASSIFICATION: OWNER INFORMATION: DEVELOPMENT DATA PROVIDED UNITS PROVIDED DENSITY 288 UNITS 115.6 AC COMMERCIAL SF COMBINED OFFICE / RETAIL BUILDING HEIGHT (12) 3 -STORY BUILDINGS (1) 2 -STORY BUILDINGS (1) 1 -STORY BUILDING OPEN SPACE AMENITY AREA VILLAGE GREEN GENERAL AREA 7241 MARKET ST. R04400- 001 - 003 -000 ± 30.84 AC ± 15.6 AC B -2 URBAN & GENERAL RES. COSWALD, LLC. 1030 E. WENDOVER AVE. GREENSBORO, NC 27405 288 UNITS 18.4 UNITS /AC 7,466 SF TOTAL 35' MAX. 35' 25' 20' ± 3.62 AC (157,740 SF) TOTAL + 0.63 AC (27,400 SF) ± 0.34 AC (14,810 SF) ± 2.65 AC (115, 530 SF) II �' I CONNECTION TO EXISTING WATER MAIN ON LENDIRE RD. DUMPSTER WITH ENCLOSURE SITE INVENTORY NOTES LEGEND 1. Soils Types: Se (Seagate fine sand), Le (Leon sand), Mu (Murville fine sand), & DO (Dorovan) PROPOSED SIDEWALK 2. This property is not impacted by any AEC. 4 —w vv— PROPOSED 8" WATER MAIN 3. This site is not impacted by any recognized historic or archeological significance. ss PROPOSED 8" SEWER MAIN 4. No cemeteries were evidenced on the site. PROPOSED STORM PIPE 5. There is no evidence of jurisdictional wetlands within the proposed Special PROPOSED HYDRANT Use Permit area. �N 6. There is no evidence of endangered species or habitat issues on the site. PROPOSED BLOW -OFF VALVE REQUIRED PARKING SPACES 517 7. No portion of this property is within a Special Flood Hazard Area as ® PROPOSED MANHOLE evidenced on N.C. Flood Map 3720315900J, dated April 3, 2006. 132 Apt. units @ 1.5 /unit = 198 PROPOSED STREET LIGHT 132 Apt. units @ 2 /unit = 264 DEVELOPMENT NOTES 24 Studio Apts @ 1.5 /unit = 36 1. All development shall be in accordance with the New Hanover County 7,466 sf office /retail @ 1/400 sf = 19 Zoning Ordinance. 2. Project shall comply with all Federal, State & New Hanover County regulations. PROVIDED PARKING SPACES 553 3. No public R.O.W proposed. All roads/ drives to be private and maintained Compact Spaces Provided 76 by H.O.A. HC Spaces Provided 12 4. H.O.A. to maintain all open space, buffer areas, stormwater management 500 -1,000 spaces = 2% elements and parking facilities. of provided spaces (11 required) TRAFFIC AND PARKING PLAN IMPERVIOUS AREA + 382,006 SF TOTAL 1. All traffic will enter and exit through either road connection located on Lendire Rd/ Middlesound Rd. extension or the stub connection to Lendire BUILDING SF + 107,782 SF Rd, as shown. Connection to either street is subject to NCDOT approval. SIDEWALK + 48,467 SF 2. All parking to be handled through a HOA owned/ maintained parking facility EXISTING SEWER MANHOLE PARKING / DRIVEWAY + 225,757 SF to meet the parking standards set forth in the New Hanover County Zoning Ordinance. SEWER EXTENSION TO TIE TO 3. A TIA report has been submitted for review. EXISTING SEWER MAIN XyoG U 25' SEWER EASEMENT PARCEL ID R03617A 001 094 -000 R03617- 001 - 094 -000 N F N /F X JACOBS RIDGE WEST JACOBS RIDGE WEST " �1— — — X BAY HOA, INC. BAY HOA, INC. �x � — D.B. 3576 -824 COMPACT SPACES, TYP. D.B. 3576 -824 42 `40 X25 15.6.E ,:.�� :E N 34 °18'31 E 1079.69' (]Nn ,vi�3dOdd JO ]0IS HOd3 ,OZ) I W WZL 8 d W8:1d 1NEW3S12 3QVNf'VM0- ,C 20 SIDE BUFFER - �. . . .. .. .. .. .. . .. .. .. .. . .. .. .. .. .. . .. .. .. .. . .. .. . . . .. .. .. .. . .. .. .. .. .. . .. .. .. .. . .. .. .. . .. . .. .. .. .. . .. .. .. .. .. . .. .. .. .. . .. .. .. .. .. . .. .. .. .. . .. .. . .. .. . . .. . .. .. . .. .. . .. . .. .. . .. .. . .. .. . .. i34.37'SIDEBUFFER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TI. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . 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R04400- 001 - 003 -000 ± 30.84 AC ± 15.6 AC B -2 URBAN & GENERAL RES. COSWALD, LLC. 1030 E. WENDOVER AVE. GREENSBORO, NC 27405 288 UNITS 18.4 UNITS /AC 7,466 SF TOTAL 35' MAX. 35' 25' 20' ± 3.62 AC (157,740 SF) TOTAL + 0.63 AC (27,400 SF) ± 0.34 AC (14,810 SF) ± 2.65 AC (115, 530 SF) II �' I CONNECTION TO EXISTING WATER MAIN ON LENDIRE RD. DUMPSTER WITH ENCLOSURE SITE INVENTORY NOTES LEGEND 1. Soils Types: Se (Seagate fine sand), Le (Leon sand), Mu (Murville fine sand), & DO (Dorovan) PROPOSED SIDEWALK 2. This property is not impacted by any AEC. 4 —w vv— PROPOSED 8" WATER MAIN 3. This site is not impacted by any recognized historic or archeological significance. ss PROPOSED 8" SEWER MAIN 4. No cemeteries were evidenced on the site. PROPOSED STORM PIPE 5. There is no evidence of jurisdictional wetlands within the proposed Special PROPOSED HYDRANT Use Permit area. �N 6. There is no evidence of endangered species or habitat issues on the site. PROPOSED BLOW -OFF VALVE REQUIRED PARKING SPACES 517 7. No portion of this property is within a Special Flood Hazard Area as ® PROPOSED MANHOLE evidenced on N.C. Flood Map 3720315900J, dated April 3, 2006. 132 Apt. units @ 1.5 /unit = 198 PROPOSED STREET LIGHT 132 Apt. units @ 2 /unit = 264 DEVELOPMENT NOTES 24 Studio Apts @ 1.5 /unit = 36 1. All development shall be in accordance with the New Hanover County 7,466 sf office /retail @ 1/400 sf = 19 Zoning Ordinance. 2. Project shall comply with all Federal, State & New Hanover County regulations. PROVIDED PARKING SPACES 553 3. No public R.O.W proposed. All roads/ drives to be private and maintained Compact Spaces Provided 76 by H.O.A. HC Spaces Provided 12 4. H.O.A. to maintain all open space, buffer areas, stormwater management 500 -1,000 spaces = 2% elements and parking facilities. of provided spaces (11 required) TRAFFIC AND PARKING PLAN IMPERVIOUS AREA + 382,006 SF TOTAL 1. All traffic will enter and exit through either road connection located on Lendire Rd/ Middlesound Rd. extension or the stub connection to Lendire BUILDING SF + 107,782 SF Rd, as shown. Connection to either street is subject to NCDOT approval. SIDEWALK + 48,467 SF 2. All parking to be handled through a HOA owned/ maintained parking facility EXISTING SEWER MANHOLE PARKING / DRIVEWAY + 225,757 SF to meet the parking standards set forth in the New Hanover County Zoning Ordinance. SEWER EXTENSION TO TIE TO 3. A TIA report has been submitted for review. EXISTING SEWER MAIN XyoG U 25' SEWER EASEMENT PARCEL ID R03617A 001 094 -000 R03617- 001 - 094 -000 N F N /F X JACOBS RIDGE WEST JACOBS RIDGE WEST " �1— — — X BAY HOA, INC. BAY HOA, INC. �x � — D.B. 3576 -824 COMPACT SPACES, TYP. D.B. 3576 -824 42 `40 X25 15.6.E ,:.�� :E N 34 °18'31 E 1079.69' (]Nn ,vi�3dOdd JO ]0IS HOd3 ,OZ) I W WZL 8 d W8:1d 1NEW3S12 3QVNf'VM0- ,C 20 SIDE BUFFER - �. . . .. .. .. .. .. . .. .. .. .. . .. .. .. .. .. . .. .. .. .. . .. .. . . . .. .. .. .. . .. .. .. .. .. . .. .. .. .. . .. .. .. . .. . .. .. .. .. . .. .. .. .. .. . .. .. .. .. . .. .. .. .. .. . .. .. .. .. . .. .. . .. .. . . .. . .. .. . .. .. . .. . .. .. . .. .. . .. .. . .. i34.37'SIDEBUFFER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TI. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . Ww .�. . . .W. .W.�.�.�.W.�.�.�.�.W.�.W.�.�.�. . �.�. .W.W.�.�.�.�.�.�.�.�.W.�.W.�.W. . .W.�.�.�.W.�.W.W. .�.�.W.W.�.�.W.W.W.�. .W. . . . . . . . .�. .�.�.W.�.�.�.W. .W.�.W.W.�.W.W. . ... . . .W.�.�.�.W.�.W.W.�. .�.W.W. .�.W.W. °j - -w� _ 48.12' SIDE BUFFER . _ MH"��ri T77 15 9 10 10 10 PHO 8 - 9' 8� I u>' - 68.75' SIDE BLDG SETBACK a a I \ JgL -19. L 919'1 -'L — N — — — 9d 9, — �� — q 91911 L — I m 96.25' SIDE BLDG SETBACK I I� 16 8 10 9 1 fld-H N I �Cn ; ; w a. 2 I ® 8 18' APPROXIMATE w m N m m I 6 4 4 A APARTMENT BLDG 1 8 8 8 I; 6 LOCATION OF $. M MIXED -USE 1 10 8' 3 3 STORY I L BLDG 1 ( (24) UNITS IWATER MAIN I 3 3 STORY N N 0 0 5,326 SF COMMERCIAL J I ` ( m }W n n 4 I ~ 4 Z ~0 24'� 7 7 < I 7 <MV APPROXIMATE 1 VILLAGE GREEN Q 7 7 �° + I LOCATION OF EXISTING "— — HYDRANT I g I h w I �o, 4 3 V j I 23' -- _J1 °' I — — r' I a - 5' W I DE Q I — ZERO CURB PLAZA— — ►v � I W I� W n COL I STORMWATER NI MANAGEMENT AREA = == III I II / 4C Co Co low I I � I W W I w °W I � W I .. I y I I r`W / I �// IWWWWw I� � II I —�_ _ II Ili I — 'E_ _ II — FM.sc_ Ili I Ii 3S! L 3, _J L SIDEWALK, TYP. 10 t POOL 7 Of 1 Z D UJ U) 11 AMENITY BLDG. • ' M C,4 1 STORY FUTURE DEVELOPMENT; 15' 15' 5,800 SF L 24' J NOT INCLUDED IN S.U.P. / �\ // Q $ $ PROPOSAL — — — X 9 18' 1 / APARTMENT BLDG 3 3 STORY (24) UNITS CO � o ° m J U) } (n Haz I I Z 0 Z W J gm� M V M N H � � Q Q � a Q L — J APARTMENT BLDG 9 3 STORY (24) UNITS N 8 8 N PARCEL ID# LO m 24, R03617- 001 - 001 -000 0 0 16 ' L N CAMELOT in � � in � `� CAMPGROUND, INC. 4 Z o Z Z o Z 1a' �� 4 D.B. 1863 -212 U) (n � M N M N � tY L24'-J l cNn � a a 7 F 1 10 18' 9 Q _ 1 4 1 � 3 4 n I � 1 s 10 — 24' I N $ L •J I J co L , a' 18 I 0 18' 1- }� m }� U I I ZO�� ZOZ 17 N W 4 17 rn L24'J HMS Cl) I W 0 Q Q W I Q a 8 I rr► hr--I I I N w 15 ® 8 10 ® STREETLIGHT, TYP. 41. � � � I � ' 9 r 9 l <-_31 �7�79' 1 ACCESS TO FUTUR N DEVELOPMENT 4 b J 9' L I�8 1 J 9' L I N STORAGE SHED S.U.P. BOUNDARY OPEN SPACE, TYP. TRASH COMPACTOR AND RECYCLING — — ' CENTER WITH ENCLOSURE PROPOSED SEWER MANHOLE o _ S x MS — f S 42 >3 Ms � 29 12 12 REMAINING PARCEL AREA; 10' NOT INCLUDED IN S.U.P. I PROPOSAL II VV 43.50 p � ' N — —v _ 20 C I U x PARCEL ID I PARCEL ID# I —�� _ MS -- Q N # 1 R04400- 002 - 032 -000 1 F�— 04400 - 002 - 031 -0011 N/F x I �S 42` W N/F JOSEPH E. SHANNON I PARCEL ID# I 37 29» -_ JOSEPH E. SHANNON 1 D.B. 856 -600 I R04400- 002 - 034 -00� I PARCEL ID I 00 — D B 1130 -20 1 I N/F x I R04400- 002 -035 1 I MARY J. SHANNON N/F G I� X X X I D.B. 1240 -1612 I I CHARLIE M. WALLACE, 25 1 x'I 1 x I D.B. 3240 -220 1 ��o Board of Commissioners - October 21, 2019 ITEM: 77727 7— I I PARCEL ID# I R04400- 002 - 036 -000 N/F MARY L. WALLACE jrxn D.B. 1397 -656 PROPOSED HYDRANT, TYP. W know what's below. Call before you dig. GRAPHIC SCALE W 0 25 50 100 200 Pj I SCALE: 1 " =50' PL LA Z O rn w z O Q O L_ Z H Z w J U Wo w Z 00 N � �D D 0C Z Q U o U o W Viz° U W N s~ O N o Z U � `p Zz Z O A w � In H �Q 0 WW��U N 11 F LD O 0� a CO o Q > > Z LL Z F- 00 o Z_ J J d U <� (DLL Z_ D Q � 0 O 0 W� 0� > Z Z Y d ZW< Qz nQW C)X 0(00L) aE SEAL SUP-1 PEI JOB #: 19244.PE N 8 8 N PARCEL ID# LO m 24, R03617- 001 - 001 -000 0 0 16 ' L N CAMELOT in � � in � `� CAMPGROUND, INC. 4 Z o Z Z o Z 1a' �� 4 D.B. 1863 -212 U) (n � M N M N � tY L24'-J l cNn � a a 7 F 1 10 18' 9 Q _ 1 4 1 � 3 4 n I � 1 s 10 — 24' I N $ L •J I J co L , a' 18 I 0 18' 1- }� m }� U I I ZO�� ZOZ 17 N W 4 17 rn L24'J HMS Cl) I W 0 Q Q W I Q a 8 I rr► hr--I I I N w 15 ® 8 10 ® STREETLIGHT, TYP. 41. � � � I � ' 9 r 9 l <-_31 �7�79' 1 ACCESS TO FUTUR N DEVELOPMENT 4 b J 9' L I�8 1 J 9' L I N STORAGE SHED S.U.P. BOUNDARY OPEN SPACE, TYP. TRASH COMPACTOR AND RECYCLING — — ' CENTER WITH ENCLOSURE PROPOSED SEWER MANHOLE o _ S x MS — f S 42 >3 Ms � 29 12 12 REMAINING PARCEL AREA; 10' NOT INCLUDED IN S.U.P. I PROPOSAL II VV 43.50 p � ' N — —v _ 20 C I U x PARCEL ID I PARCEL ID# I —�� _ MS -- Q N # 1 R04400- 002 - 032 -000 1 F�— 04400 - 002 - 031 -0011 N/F x I �S 42` W N/F JOSEPH E. SHANNON I PARCEL ID# I 37 29» -_ JOSEPH E. SHANNON 1 D.B. 856 -600 I R04400- 002 - 034 -00� I PARCEL ID I 00 — D B 1130 -20 1 I N/F x I R04400- 002 -035 1 I MARY J. SHANNON N/F G I� X X X I D.B. 1240 -1612 I I CHARLIE M. WALLACE, 25 1 x'I 1 x I D.B. 3240 -220 1 ��o Board of Commissioners - October 21, 2019 ITEM: 77727 7— I I PARCEL ID# I R04400- 002 - 036 -000 N/F MARY L. WALLACE jrxn D.B. 1397 -656 PROPOSED HYDRANT, TYP. W know what's below. Call before you dig. GRAPHIC SCALE W 0 25 50 100 200 Pj I SCALE: 1 " =50' PL LA Z O rn w z O Q O L_ Z H Z w J U Wo w Z 00 N � �D D 0C Z Q U o U o W Viz° U W N s~ O N o Z U � `p Zz Z O A w � In H �Q 0 WW��U N 11 F LD O 0� a CO o Q > > Z LL Z F- 00 o Z_ J J d U <� (DLL Z_ D Q � 0 O 0 W� 0� > Z Z Y d ZW< Qz nQW C)X 0(00L) aE SEAL SUP-1 PEI JOB #: 19244.PE 1 I N/F x I R04400- 002 -035 1 I MARY J. SHANNON N/F G I� X X X I D.B. 1240 -1612 I I CHARLIE M. WALLACE, 25 1 x'I 1 x I D.B. 3240 -220 1 ��o Board of Commissioners - October 21, 2019 ITEM: 77727 7— I I PARCEL ID# I R04400- 002 - 036 -000 N/F MARY L. WALLACE jrxn D.B. 1397 -656 PROPOSED HYDRANT, TYP. W know what's below. Call before you dig. GRAPHIC SCALE W 0 25 50 100 200 Pj I SCALE: 1 " =50' PL LA Z O rn w z O Q O L_ Z H Z w J U Wo w Z 00 N � �D D 0C Z Q U o U o W Viz° U W N s~ O N o Z U � `p Zz Z O A w � In H �Q 0 WW��U N 11 F LD O 0� a CO o Q > > Z LL Z F- 00 o Z_ J J d U <� (DLL Z_ D Q � 0 O 0 W� 0� > Z Z Y d ZW< Qz nQW C)X 0(00L) aE SEAL SUP-1 PEI JOB #: 19244.PE EXISTING SITE DATA PROJECT ADDRESS: PARCEL ID: TOTAL TRACT AREA: SUP AREA: ZONING DISTRICT: LAND CLASSIFICATION: OWNER INFORMATION: DEVELOPMENT DATA PROVIDED UNITS PROVIDED DENSITY 288 UNITS 115.6 AC COMMERCIAL SF COMBINED OFFICE / RETAIL BUILDING HEIGHT (12) 3 -STORY BUILDINGS (1) 2 -STORY BUILDINGS (1) 1 -STORY BUILDING 7241 MARKET ST. R04400- 001 - 003 -000 ± 30.84 AC ± 15.6 AC B -2 URBAN & GENERAL RES. COSWALD, LLC. 1030 E. WENDOVER AVE. GREENSBORO, NC 27405 288 UNITS 18.4 UNITS /AC 7,466 SF TOTAL 40' MAX. 35' 25' 20' DEVELOPMENT NOTES 1. All development shall be in accordance with the New Hanover County Zoning Ordinance. 2. Project shall comply with all Federal, State & New Hanover County regulations. 3. No public R.O.W proposed. All roads/ drives to be private and maintained by H.O.A. 4. H.O.A. to maintain all open space, buffer areas, stormwater management elements and parking facilities. LIGHTING NOTES 1. All site lighting to comply with Section 60.6 of the New Hanover County Zoning Ordinance. 2. All site lighting for non - residential or multi - family uses shall be located and directed so as not to shine or reflect directly onto any adjacent residential zoning districts and /or uses. 3. Complete site lighting plan to be provided by others prior to construction as necessary. ENERGY. PROGRESS Outdoor The energy - efficient Shoebox LED combines a decorative, contemporary style with versatility and ample lighting effect that is perfect for streets, parking lots, commercial buildings and residential communities. The Shoebox LED provides excellent color rendition along with a controlled light pattern that reduces glare and keeps the light directed only where you want A. Available in black, dark bronze, gray or white with one to four fixtures per pole. Far additional informatims, visit us at duke - energy.— J0.tdo Lighting or call us loll free at 866.769.6417. LED 205, 420, 530 watts (light Emitting Diode) Mounting heights 30', 35 Black Colors Bronze Gray White Fiberglass (205W only, I or 2 fixtures per pole) Poles Decorative tapered metal Decorative square metal Lightwume: LED (white) Replacement for' LED Wattage 205 – up to 400 -watt metal halide; LED Wattage 420; (' DUKE ENERGY PROGRESS Note: 35' pole avai.Ne in black or bmnxe only. Fiberglass 30' LED Wattage 530 – 1,000 -watt metal halide Warm -up and restrike time: Instant on (o warm -up or restrike time) Benefits Little or no installation coat Frees up capital for other projects Design services by lighting professionals included Meets industry standards and lighting ordinances Wattage BUG Rating Light Pattern Lumens Color Tamp 4,000K light distribution pattern LED 205 85 -U0 -G3 IESNA Type V (circular) 21,803 LED 205 [13-LO-G4 IESNA Type IV (forward throw) 20,555 LEO 205 B2 -U0 -G4 IESNA Type III (oval) 21,164 LED 420 B5 -UO -G5 IESNA Type V (circular) 43,317 LED 420 B3 -UO -G5 IESNA Type IV (forward throw) 39,078 LED 530 85 -U0 -G5 IESNA Type V(circular) 53,498 LED 530 B3 -UO -G5 IESNA Type IV (forward throw) 48,262 343.50'— _ `These are approximate rpolar—crl suggestions; .0.1 conditions could he difler- Poles available: Name Mounting height Color I 1 Black Round tapered decorative metal- 35' Bronze o Black Gray Decorative square metal- 30' Bronze White Note: 35' pole avai.Ne in black or bmnxe only. Fiberglass 30' Black (205 W only, I or 2 fixtures per pole) Gray (205Wonly, I or2lixturesperpole) Features Benefits Little or no installation coat Frees up capital for other projects Design services by lighting professionals included Meets industry standards and lighting ordinances Maintenance included Eliminates high and unexpected repair bills Electricity included Less expensive than metered service Warranty included Worry -free One low monthly cost on your electric bill Convenience and savings for you Turnkey operation Provides hassle -free installation and service Backed by over 40 years of experience A name you can trust today ... and tomorrow •2'raised lwndation available when required on metal poles only. W ANTICIPATED LIGHTING FIXTURE EXAMPLE II LEGEND — w W_ _SS PROPOSED SIDEWALK PROPOSED 8" WATER MAIN PROPOSED 8" SEWER MAIN PROPOSED STORM PIPE PROPOSED HYDRANT PROPOSED BLOW -OFF VALVE PROPOSED MANHOLE PROPOSED STREET LIGHT PARCEL ID# PARCEL ID# R03617- 001 - 094 -000 R03617- 001 - 094 -000 X X I I JACOBS RIDGE WEST JACOBS RIDGE WEST x �1— — _ X I G'� BAY HOA, INC. BAY HOA, INC.�X D.B. 3576 -824 D.B. 3576 -824 x IN 42'40'25" 1156.,96: W . W w . W INI� J�l?J11dO?�d d0 101S HOVI OZ) �- _ E N 34 °18'31 " E 1079.69' � 0� s zz:z ii ill I W W 2o'slp� ' W W W W W W W W W W W W W W W'. W W. WZ lZ W ��• 8 �d W8:1d W1NEW3S -1 W �VNtd2�aW EBUFFEW W . . . W. ..W.. . `..W.. .`. . . W.. `..W.W ..... R. W W W W W W W W W .. .. .. . . .. . .. .. W .. . .. .. .. .. W . . .. .. .. .. .. . . .. .. .. .. .. . W y . W .. .. .. .. .. .. . W .. . W . . .. .. .. .. . . W W . W VV 4.37'SID'EBUFFER .W..WW. " " . ..�..�.�.�.�.�.WW�" " " ..�..�.W.�.� W.WW�.W.W.�.�.�.WW�.� W.WW�.�.W.�.�.�.WW�. W W W . 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W . . .. . .. .. .. .. .. . .. . .. .. . .. .. . ..48.12' SIDE BUFFER' . .. .. . . .. . .. . . .. - W .. .. . .. . . .. .. .. .. . . .. .= . �-o F —IT \ �O fit, � G' �S I68.75'S DE LLDG S��TBACK w — — a — — — — _ _ — — — a — — I , y o W W W W I I ji 96.25' SIDE BLDG SETBACK W I a e to ()Cf) N g Q 00000 -o I I W ~ xmNLLF- � (n U) U APARTMENT BLDG 1 APARTMENT BLDG 3 N I MIXED -USE 3 STORY 3 STORY ❑ _ PARCEL ID# N BLDG 1 (24) UNITS (24) UNITS =� to (0 I R03617- 001 - 001 -000 I I 4 3 STORY N (7 0 N/F W W II 5,326 SF COMMERCIAL m m CAMELOT (20) STUDIO APTS I m cn } 1- } 1- CAMPGROUND, INC. � Q � Q zoZ ZpZ 4 D.B. 1863 -212 60' yWW.I Q WOE g�� :2 cn c) N M ll W W a ~ N ~ Ch N _ II w.`W .I a a I In VILLAGE GREEN +0.34 AC (n .WWW I ___J _ I�� 1 I / i VI/ �M S o 'rn 1 I 5 1 UKMVVA I EK Q L n N MANAGEMENT AREA 1 I R I � II W. I I ••, • I I � C/� II / O) W I 1 POOL I cn I�� WWWI °• a — a I O I :W:WI 1 0 0 F- 0~ ~0Z �Of~ U w�� 4 4 WOE w�� c4 I 1 I AMENITY BLDG .I .. °4. � M 1 STORY I � Q Q I CA l O co 00 I FUTURE DEVELOPMENT; 5,800 SF I. Q APARTMENT BLDG 9 Q a_ I c 1 ° NOT INCLUDED IN S.U.P. \ PROPOSAL \ / 3 STORY W . I I X (24) UNITS W ts I STREETLIGHT, TYP.; SEE ABOVE to P tll> IW W° W I 1 SHEETS FOR ANTICIPATED a � D p I N SPECIFICATION S I LIGHT FIXTURE EXAMPLE \ — — — — — — — — — — — — — W ILLL.LL ILL cn WAIN WAN II _ II S.U.P. BOUNDARY / , f \ — 1 II _ I O' S — — �. _ S 42 °37'29" W — II 343.50'— _ I II II Q x PARCEL ID# PARCEL ID# I R04400- 002 - 032 -000 I 1 Z Fq W 04400- 002 - 031 -0011 /SHANNONI JOSEPH N/F E. SHANNON I x 1 1 o JOSEPH E 1 PARCEL ID# _ - D.B. 1130 -20 1 D.B. 856 -600 R04400- 002 - 034 -000 I PARCEL ID I N/F x1 R04400- 002 -035 =C L 1 I MARY J. SHANNON I N/F l X X X 1 D.B. 1240 -1612 I I CHARLIE M. WALLACE, 25.1 x D.B. 3240 -220 Z - x'I 1 0 Board of Commissioners - October 21, 2019 �D Z p N 0 w MSS i S 42 °37'29" W 1 � I 1 PARCEL ID# 1 R04400- 002 - 036 -000 I N/F MARY L. WALLACE D.B. 1397 -656 REMAINING PARCEL AREA; NOT INCLUDED IN S.U.P. PROPOSAL W know what's below. Call before you dig. GRAPHIC SCALE 0 25 50 100 200 SCALE: 1 "= 50' Z ,O 0 Lu z O a O W z_ Z W J U Wo w Z - 0 0 N o0 �D Z p N 0 w C o0 w �z Z N o U ,—, `p � �Zz Z A w � �CA H �Q 0 UW��U 0 Q �, �UULD N II –a — O �� a U Q > > Z Z 00 o o LL F- J < d' Z Lu Z W 0 W �Otn ZWaw o O Lid > ZZY HQ0QW d L) Z X D oaio0L) SEAL SUP-2 PEI JOB #: 19244.PE PUBLIC COMMENTS Board of Commissioners - October 21, 2019 ITEM: 18- 13 - 1 Schuler, Brad From: Clark, Wayne Sent: Tuesday, August 13, 2019 7:07 PM To: Schuler, Brad Subject: FW: Ogden apartments Wayne Clark I Planning & Land Use Director Planning & Land Use - Planning & Zoning New Hanover County 230 Government Center Drive, Suite 110 Wilmington, NC 28403 (910) 798 -7164 p 1 (910) 798 -7053 f www.nhcqov.com From: Michael Stambaugh <mikestambaugh @hotmail.com> Sent: Tuesday, August 13, 2019 7:02 PM To: Clark, Wayne <wclark @nhcgov.com> Subject: Ogden apartments Please consider not approving large scale building at 7241 market st. That area is already heavily congested and experiences many accidents. Also extremely long red light times trying to cross or get onto market st. Imagine having another 400 cars trying to get onto market. There are currently 4 other roads that connect to Lendire in that short stretch of road. Starbucks, bojangles, wilm basketball center and the road from Ogden park all empty into lendire on that small quarter mile stretch. Thats an accident waiting to happen. Its already hard trying to pull onto Lendire from any of those roads. Let alone having that large complex with 288 apartments with all its cars also trying to pull out. Also that area experienced heavy flooding in July and August last year due to slow drainage. Then with Hurricane Florence it had massive flooding and some homes were trashed. Where will all the rain runoff go ? The area does not have enough drainage and there's nowhere else for the water to go. It cannot be ran under market to the other side. It can only be ran back into the home developments that already drain slow. Please don't allow this massive 12 building construction to be approved. Please save our neighborhoods. Mike Stambaugh CCS, CDIP Inpatient Coder UPMC Pinnacle 111 South Front Street. Harrisbura. PA 17101 Phone: 717 - 364 -5119 Email: MStambaugh(@PinnacleHealth.orq Board of Commissioners - October 21, 2019 ITEM: 18- 14 - 1 Schuler, Brad From: Clark, Wayne Sent: Tuesday, August 13, 2019 10:19 AM To: Schuler, Brad; Vafier, Ken; Roth, Rebekah Subject: Fwd: New mixed use apartments complex Get Outlook for 10S Wayne Clark I Planning & Land Use Director Planning & Land Use - Planning & Zoning New Hanover County 230 Government Center Drive, Suite 110 Wilmington, NC 28403 (910) 798 -7164 p 1 (910) 798 -7053 f www.nhcqov.com From: Mary Sheffield <mjsheffi @yahoo.com> Sent: Tuesday, August 13, 2019 10:07:12 AM To: Barfield, Jonathan <jbarfield @nhcgov.com >; Olson - Boseman, Julia <joboseman @nhcgov.com >; Zapple, Rob <rzapple @nhcgov.com >; White, Woody <wwhite @nhcgov.com >; Crowell, Kym <KCrowell @nhcgov.com >; Kusek, Patricia <pkusek @nhcgov.com >; Clark, Wayne <wclark @nhcgov.com> Subject: New mixed use apartments complex This property is situated adjacent to Market Street. The wetland which they have marked as undeveloped is a problem. During Florence this wetland overflowed onto Market, ran across the road into the parking lot next to Ogden Tap and continued on into the Wendover neighborhood and flooded Brightleaf. So more concrete, more run off is the first issue. Second issue is the 288 units which if 2 cars per unit would dump 500+ cars onto Market and increase traffic on already congested street. The shopping portion would increase that. We have just about everything in shopping we need in the area and what we don't have Mayfaire does! Then there's the school issue if these people have children. Where are they going in an already overflowing system? I understand the need for more housing but a development rather than another apartment complex would be more suitable for this area. Even townhomes or duplexes would be better. You would still have some grassy area to absorb the runoff. We have a 48 unit townhomes in process off Futch Ck which will add another estimated 100 cars to Market. The improvement to Market will be out dated before it is completed. We have overflow from Hampstead area which is growing but doesn't have the amenities so they come to Wilmington. I suggest that you have a day trip planned as a group and come ride Market Street from Military to I140 around lunch or morning before 9 or afternoon between 4:30 -6. But even more surprising is the traffic after 10am. It's a nightmare and I'll bet the accident rate in this area is higher than anywhere in the county. Please stand with us and refuse this multi use complex. Please review the article in the link below. Thank you! Mary and Ed Sheffield Residents of Ogden since 1970. i Board of Commissioners - October 21, 2019 ITEM: 18- 14 - 2 Native to Wilmington https:llportcitydaily. comllocal- newsl2019 /08/08l new - mixed - use - development- with -28 8- multi - family- units -and- commercial- space - proposed- for - north - market- street/?utm_ source= Morning +Headlines +Subscribers + %E2 %80 %A2 +Port+Cite_ campaign =f8dc6 715cl- EMAIL CAMPAIGN 2018_06_01 03 11 COPY 01 &utm medium = email &utm term =0 afcb4c5de5- f8dc6715cl- 28648513 Sent from Yahoo Mail for iPad Board of Commissioners - October 21, 2019 ITEM: 18- 14 - 3 Schuler, Brad From: karen lea <kjlea @hotmail.com> Sent: Thursday, August 15, 2019 12:59 PM To: Clark, Wayne; Vafier, Ken; Bouffard, Christine; Brown, Denise; Gough, Robert; McDonnell, Dylan; Meredith, Ron; Painter, Linda; Roth, Rebekah; Santure, Julia; Schuler, Brad; Smith, Gideon; Gartin, Jyll Subject: More apartment buildings in Ogden? Hello everyone! I want to weigh in on the new apartment complex proposed for the Ogden area. I don't know if any of you live in the Ogden area but I do. I am so discouraged by the amount of car lots, storage building and apartment buildings on our side of town. Traffic is so congested and the drive thru our area so unappealing. I was born here in 1957 and I have seen a lot of change and I am not against progress ... I am not one to say I wish it was like it use to be. I know change will happen but want us to be smart about it. I am sure you all know we were successful with keeping the old oaks at Publix and Starbucks and the new car wash .... why because we all care so much about this area. Please reconsider more apartments. Sincerely, Karen Lea 7238 Nordic Drive Wilmington, NC 28411 1 Board of Commissioners - October 21, 2019 ITEM: 18- 14 - 4 Schuler, Brad From: Sue Skoda <sue.mort1228 @yahoo.com> Sent: Thursday, August 15, 2019 5:16 PM To: Clark, Wayne; Vafier, Ken; Bouffard, Christine; Brown, Denise; Gough, Robert; McDonnell, Dylan; Meredith, Ron; Painter, Linda; Roth, Rebekah; Santure, Julia; Schuler, Brad; Smith, Gideon; Gartin, Jyll Subject: Ogden Aprtments Special Use Permit Good Afternoon, I am a resident in the Ogden area, Marsh Oaks and have been over the past 18 years. I have witnessed the destruction of this area by continuous building of apartments, car wash establishments, storage units and other buildings with large and unused concrete parking lots. Over building is destroying our green space /air /water and creating more traffic congestion, accidents and poor quality of life for all of us. Market Street was graded an "F" 10 years ago and yet, county officials continue to allow residential units within commercial districts that only increase the congestion/ accidents on the roads, increase the cost of living due to high insurance rates due to a "high accident rates" in this area, impinge on our water supply and make it unbearable to commute. It takes me 15 -25 minutes to travel 4 miles! I've witness at least one accident every day in this area. With Amberleigh Shores (over 500 apartments when completed) less than a mile away, why would anyone who is concerned about our safety and what is good for the people, allow another complex in the same vicinity ? ?? I am requesting that before you approve this permit to please look at all the available accident data, the fact that Market Street is the ONLY route for emergency evacuation as well as emergency vehicles, that alternate routes are not available. With more concrete and less green space, the roads easily become flooded and that is another real safety and health issue especially in our hurricane prone area. Please do what is right for the people and not the greedy developers and realtors! Looking forward to your response and thank you for your attention to this matter. Sincerely, Susan Skoda, RN, MSN (Retired) 1 Board of Commissioners - October 21, 2019 ITEM: 18- 14 - 5 Schuler, Brad From: amanda smith <klaesmith11 @gmail.com> Sent: Thursday, August 15, 2019 5:18 PM To: Clark, Wayne; Vafier, Ken; Bouffard, Christine; Brown, Denise; Gough, Robert; McDonnell, Dylan; Meredith, Ron; Painter, Linda; Roth, Rebekah; Santure, Julia; Schuler, Brad; Smith, Gideon; Gartin, Jyll Subject: RE: Proposed Middle Sound West Good Afternoon: As an Ogden property owner, NHC taxpayer, and registered voter, I am writing this email as a formal request that you not approve the building of the Middle Sound West appartment complex off of Lendire and Market Street in Ogden. This area is already over conjested with traffic. Having a son that just started driving last year and another starting next year, the idea of how much more traffic to this area this project would bring is very concerning to me. This particular property is already prone to flooding. If it's built up, where will all of this water go during the next hurricane? Can the developer guarantee that flooding won't be made worse? With the situation of school over crowding, how will a 228 unit complex affect the schools in this area? We have to assume there will be school -aged children living there? I'm hoping these are your concerns also considering that you represent us. I haven't spoken to one citizen who is for Middle Sound West to be built. Please listen to us. Kind Regards, Amanda Smith Ogden Resident i Board of Commissioners - October 21, 2019 ITEM: 18- 14 - 6 Schuler, Brad From: georgia vick <gvick1950 @gmail.com> Sent: Thursday, August 15, 2019 9:20 PM To: Clark, Wayne; Vafier, Ken; Bouffard, Christine; Brown, Denise; Gough, Robert; McDonnell, Dylan; Meredith, Ron; Painter, Linda; Roth, Rebekah; Santure, Julia; Schuler, Brad; Smith, Gideon; Gartin, Jyll Subject: Apartment complex to be added on corner of Market and Lendire Please vote NO to this proposal. The beauty of our city is being destroyed by the addition of these huge apartment complexes! There is little being done to address the aging infrastructure in this city. The roads are a mess and especially Market Street! Adding more cars to an antiquated roadway is insane! We need less representation by builders and those involved in real estate and more representation by common caring citizens! What are you as our voices thinking when you continue to ignore traffic problems and infrastructure issues , yet continue to approve these complexes ? ? ? ?? Please vote NO and listen to the people you represent! Thanks. Marvin and Georgia Vick 741 Squire Lane Wilmington NC 28411 i Board of Commissioners - October 21, 2019 ITEM: 18- 14 - 7 Schuler, Brad From: Clark, Wayne Sent: Monday, August 19, 2019 12:24 PM To: Schuler, Brad; Vafier, Ken Subject: Fwd: Proposed Apartments 7241 Market St These can just go to brads file Get Outlook for iOS Wayne Clark I Planning & Land Use Director Planning & Land Use - Planning & Zoning New Hanover County 230 Government Center Drive, Suite 110 Wilmington, NC 28403 (910) 798 -7164 p 1 (910) 798 -7053 f www.nhcaov.com From: Brown, Denise <dbrown @nhcgov.com> Sent: Monday, August 19, 2019 12:14 PM To: Planning & Zoning Subject: FW: Proposed Apartments 7241 Market St Please see enclosed...... Denise Brown I Administrative Technician Planning & Land Use - Planning & Zoning New Hanover County 230 Government Center Drive, Suite 110 Wilmington, NC 28403 (910) 798 -7116 p 1 (910) 798 -7053 f www.nhcaov.com From: cape_ linda= yahoo.com @webformsnhcgov.com < cape_ linda= yahoo.com @webformsnhcgov.com> On Behalf Of Steve and Linda Cooper Sent: Monday, August 19, 2019 12:09 PM To: Brown, Denise <dbrown @nhcgov.com> Subject: Proposed Apartments 7241 Market St Please select the department you would like to direct your inquiry to: 1 Board of Commissioners - October 21, 2019 ITEM: 18- 14 - 8 Planning & Land Use (Zoning) Name Steve and Linda Cooper Email cape Iinda(@yahoo.com Subject Proposed Apartments 7241 Market St Your Message August 18, 2019 To: New Hanover County Commissioners, My husband and I are writing this email to discuss the proposed apartment complex called Middle Sound West, 7241 Market Street. This complex will border our sweet, little neighborhood called Palm Grove (Lido Dr and Palm Grove Dr) in Ogden. We are TOTALLY against this apartment complex for a number of reasons: - Wilmington needs to take a breath and reevaluate what is happening to our beloved city. The traffic has become horrible, construction projects are everywhere! We are blessed to know a large number of senior citizens due to our involvement in a number of groups /clubs. Everyone is constantly talking about the traffic issue that we now have here in Wilmington. We just keep building, when is this going to stop? We all moved here for the small city feel, the beaches, the ease of traffic and the sweet, little neighborhoods. We are destroying all of that with the nonstop building! - Torchwood Blvd. has been refigured so the current traffic on Lendire Rd has increased greatly. Once basketball season begins, the parking around Wilmington Basketball Center is crazy AND Starbucks on Lendire Rd is about to open? Please drive down to Lendire Road and watch the traffic now! Plus Lendire has always been a private road with very poor maintanence (huge potholes). So, who thinks it's a good idea to add 288 apartments with maybe 600 cars coming and going daily? -Where are all these kids going to go to school? -Ogden currently has a lot going on which is very unattractive — all the overpass construction, widening of Market Street construction, cardboard signs being stuck into every corner... Now, we're going to build 288 apartments? We use to be proud to show off my city to visitors, but that's not true anymore. Please give us a break so we can get this area looking nice again! -There are a lot of small neighborhoods in this area, ours included. We do our best to maintain our neighborhood but those in government positions now want to devalue our homes and destroy the aesthetics we love about our surroundings? -We need a Beautification Committee here in Wilmington before our charming city is destroyed any further! Someone needs to be cognizant about the way these construction projects are impacting our traffic, our schools, the aesthetics and our neighborhoods. We are hoping that y'all will be that committee and you'll vote this project down. We thank you for listening and hope to see you at one of the upcoming meetings on this project as we plan on attending all of them. 2 Board of Commissioners - October 21, 2019 ITEM: 18- 14 - 9 Steve and Linda Cooper 3 Board of Commissioners - October 21, 2019 ITEM: 18- 14 - 10 Schuler, Brad From: Clark, Wayne Sent: Monday, August 26, 2019 7:09 AM To: Schuler, Brad Subject: FW: Apartments on Lendire Wayne Clark I Planning & Land Use Director Planning & Land Use - Planning & Zoning New Hanover County 230 Government Center Drive, Suite 110 Wilmington, NC 28403 (910) 798 -7164 p 1 (910) 798 -7053 f www.nhcqov.com - - - -- Original Message---- - From: Melissa Siano <melsiano @icloud.com> Sent: Friday, August 23, 2019 9:42 PM To: Clark, Wayne <wclark @nhcgov.com> Subject: Apartments on Lendire Good Evening. I am a homeowner here in Wilmington, residing in The Ogden area. I am messaging about these proposed apartments to go on Lendire ?! This is absolute insanity for several reasons. Number one being the location has NO ROOM for that many people. A restaurant would be bad enough let alone apartments ?! It will not only be a safety issue but it will bring down our house values, bring problems and the traffic will be absolutely out of control. This should not even be up for discussion. Ogden has enough apartments right now as it is. Our once beautiful residential neighborhood does not need this! We beg of you to turn this down no matter the amount of money involved! I will have many people emailing, calling and turning up for this meeting! We have had major flooding problems in this area also and this will be another place that the water has nowhere to go! Make this a huge place for the water drain to before apartments are even an option! Thank you, Melissa Jackson 1577 Maple Ridge Rd Sent from my iPhone i Board of Commissioners - October 21, 2019 ITEM: 18- 14 - 11 T_ Betti Fah y Sui:)rec Proposed 288 apartment complex in Ogden �? ete Aug 18, 2019 at 11:18:41 AM 10 jbarfield @nhcgov.com My husband and I are writing this letter to discuss the proposed apartment complex in Ogden ( called Middle SoundWest, 7241 Market street). The "proposed" complex will border our neighborhood "Palm Grove" (Lido Dr and Palm Grove dr). We are vehemently against this project for a variety of reasons to include: Where are all these kids going to school? We already have way too much traffic. Torchwood Blvd.s reconfiguration has increased traffic in our area. Lendire Rd is a nightmare. The road is poorly maintained as it is. There are significant potholes all over the place. Lendire and the surrounding roads can barely withstand the existing traffic. To add 288 apartments with the projected increase of 600 cars is ludicrous. Ogden has a lot going on which is very unattractive. This includes all the overpass construction, widening of market street construction, increased traffic. Now they want to build 288 apartments? Our neighborhood and surrounding neighborhood's are being greatly impacted by this. We have enough new residential and commercial houses and businesses in our town. Please vote this project down Elizabeth Grennan -Fahy William Fahy 101 Lido Drive Wilmington,NC Board of Commissioners - October 21, 2019 ITEM: 18- 14 - 12 Schuler, Brad From: Sent: To: Subject: Crowell, Kym Tuesday, September 24, 2019 4:41 PM Schuler, Brad FW: Bloomington Ln., Wendover Ln., Bright Leaf Rd. Flooding during Dorian & the Proposed "Middlesound West" 288 apartments & Mixed Use Development Kym Crowell I Clerk To The Board County Commissioners New Hanover County 230 Government Center Drive, Suite 175 Wilmington, NC 28403 (910) 798 -7143 p 1 (910) 798 -7145 f www.nhcaov.com From: Betsy Albright <betsy.b.albright @gmail.com> Sent: Thursday, September 19, 2019 8:12 PM To: Barfield, Jonathan <jbarfield @nhcgov.com >; Kusek, Patricia <pkusek @nhcgov.com >; joboseman @nhc.gov.com; White, Woody <wwhite @nhcgov.com >; Zapple, Rob <rzapple @nhcgov.com >; Crowell, Kym <KCrowell @nhcgov.com> Subject: Bloomington Ln., Wendover Ln., Bright Leaf Rd. Flooding during Dorian & the Proposed "Middlesound West" 288 apartments & Mixed Use Development Dear County Commissioners, I am writing you to urge you to reject the proposed "Middlesound West" Development of 288 apartments and mixed -use retail /office spacein Ogden. It is inappropriate at this time when widespread flooding is an ongoing issue. Our county needs to reform our storm water management. Due to rising ocean temperatures, storms are increasing in size, are wetter, and moving slower than in the past. Florence was a record setter for rain here, dumping over 30 inches of rain. Dorian brought flooding to Ogden again. Texas is getting hammered with Imelda's 35 inches of rain in a 24 -hour period. This is our new reality and we need to plan for it now. Plan for 35 inches of rain in a 24 -hour period because that is the new reality. The four guiding principles for approving this project are as follows: 1. Can the applicant prove they use will not materially endanger the public health or safety if located where proposed and approved? Will flooding on my street get worse and finally breach my home or any one else's? Will the silt dug up from developing this tract end up washed being deposited in culverts, blocking drainage pipes? Will the impervious surfaces push water toward the wetlands which flows toward my neighborhood? Please see pictures attached. If the applicant can indeed prove that it won't harm my property, I would like it in writing so that if my husband and I incur flooding damages to our property we will know who to hold responsible. The front section of this property is wetlands. Adding impervious surfaces will push water to the wetlands which overflows over Market Street, runs downhill toward Wendover Ln. and Ogen Tap Room. The torrent of water broke the through concrete curb behind Big Lots and floods the yards, houses and street of Bright Leaf Ln. See flooding pictures from Dorian attached. i Board of Commissioners - October 21, 2019 ITEM: 18- 14 - 13 2. The use meets all required conditions and specifications of the Zoning Ordinance; This property is Zoned B -2 Highway Business, not a Mixed Use High- Density Residential Development. Granting Special Use Permits should be a rare occurrence. Otherwise, it undermines the intent of the current zoning and the keeping of the character of the land area. 3. The use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; I am already seeing on public forums that some locals are advising newcomers looking to re- locate to this area to stay away from Torchwood area properties because of flooding. Public perception already perceives these apartments as being a flooding threat to nearby homes which in turn injures property values of neighboring homes. The use of 288 apartments at the Market Street/Middle Sound /Lendire is most definitely not a public necessity. There are other lots suited for that use and already zoned for that use. 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 County's adopted plans for growth and development. 288 apartments at "Middlesound West" would not be in harmony with the area, as it is a highway business zone, not a high- density residential neighborhood zone. That intersection's traffic is already horrific. That intersection is the only way in and only way out for 15,000+ Middle Sound Loop residents. There will be no harmony at that intersection if you add an additional 1,000 high- density residents in close proximity to that intersection. We have 3 1/2 years of road improvements to begin on Market St. between Middle Sound Loop and Marsh Oaks Dr. Don't add to the chaos it already is for over 15,000 residents. Thank you for your attention. Please say no to the "Middlesound West" Development. We need more green space in this county. Please preserve green space or we'll end up looking like the strip at Myrtle Beach. Tacky! Best regards, Betsy Albright Sent from my iPhone Begin forwarded message: From: Betsy Albright <betsy.b.albri hghtt&gmail.com> Date: September 15, 2019 at 3:41:56 PM EDT To: jiannucciknhc og v.com, jmaygnhcgov.com Cc: Betsy Albright <betsy.b.albrightkgmail.com >, Adam Albright <adamsalbrightglive.com> Subject: Bloomington Ln., Wendover Ln., Bright Leaf Rd. Flooding during Dorian 9 -5 -19 2 Board of Commissioners - October 21, 2019 ITEM: 18- 14 - 14 J My husband and I own and live at 209 Bloomington Ln. (gray house with blue shudders on left). Looking eastward, Street flooding is a concern. 3 Board of Commissioners - October 21, 2019 ITEM: 18- 14 - 15 Our neighbors's ditch at 205 Bloomington Ln. during Dorian. Their ditch is always clean, but you can see that the water level is threatening their air conditioning unit by the green bushes. 4 Board of Commissioners - October 21, 2019 ITEM: 18- 14 - 16 Street flooding on Bloomington Ln. The mailbox on the left is 205. The mailbox on the right is 204. 5 Board of Commissioners - October 21, 2019 ITEM: 18- 14 - 17 204 Bloomington Ln. Full drainage ditch. Flooding streets. 6 Board of Commissioners - October 21, 2019 ITEM: 18- 14 - 18 of .� °.+ ^� . � 1 __r' —�� '�' _ — ; .. � _ .aer�ar .�_. __ '• � ley- Close up of drainage ditch beside 204 Bloomington Ln. Street flooding. Board of Commissioners - October 21, 2019 ITEM: 18- 14 - 19 213 Bloomington Ln.'s driveway flooding and water encroaching into front lawn. 8 Board of Commissioners - October 21, 2019 ITEM: 18- 14 - 20 Drainage ditch between 212 Bloomington Ln. (on left) and 208 Bloomington Ln. with subsequent street flooding. The front lawns of 213 Bloomington Ln. and 209 Bloomington Ln. under water. Water creeping up driveways. 9 Board of Commissioners - October 21, 2019 ITEM: 18- 14 - 21 Another picture of drainage ditch between 212 Bloomington Ln. (house on left) and 208 Bloomington Ln. (house on right). Foreground is my front yard at 209 Bloomington Ln. 10 Board of Commissioners - October 21, 2019 ITEM: 18- 14 - 22 Wendover Ln. at Cloverfield Ct. intersection looking east. 213 Wendover Ln. on the left. Flood waters had started to recede between rain bands. You can see that the flood waters had gotten to the corner of Cloverfield Ct. on right. 11 Board of Commissioners - October 21, 2019 ITEM: 18- 14 - 23 Close up of the flood waters on Wendover Ln. 213 Wendover on left. You can see the receding flood waters went all the way up to Cloverfield Ct. 12 Board of Commissioners - October 21, 2019 ITEM: 18- 14 - 24 Wendover and Bright Leaf Rd. Street flooding. 13 Board of Commissioners - October 21, 2019 ITEM: 18- 14 - 25 Close up of street flooding on Bright Leaf Rd. Kayak in background. Our neighbors. 14 Board of Commissioners - October 21, 2019 ITEM: 18- 14 - 26 Another close up of street flooding on Bright Leaf Rd. 7303 Bright Leaf Rd.'s mailbox in the foreground on left. Kayak in the background. As you can see, we are experiencing flooding issues in the Wendover area of Ogden. It wasn't like this two or three years ago. We are not near a waterway. We are not in a flood zone. We are not near Page's Creek, Smith Creek, the ICWW, or the Atlantic Ocean. Yet, here we are. Widespread flooding. Please help! My lot at 209 Bloomington Ln. is at the mercy of others as we have no access to drainage ditches on our property. It's all interconnected and it's a domino effect. Help! Thanks for your attention, Betsy Albright Home owner at 209 Bloomington Ln. 910 - 279 -5013 Sent from my Whone 15 Board of Commissioners - October 21, 2019 ITEM: 18- 14 - 27 Board of Commissioners - October 21, 2019 ITEM: 18- 14 - 28 it ,,,j � � > ` ' �. � ' < . � ' / � � r ' x � � / ` ! / Board of Commissioners ' October 21.2O19 Board of Commissioners - October 21, 2019 ITEM: 18- 14 - 30 -<\ ` s \ � . \ . - ' \ % Board of Commisi ITEM Board of Commissioners - October 21, 2019 ITEM: 18- 14 - 32 Schuler, Brad From: Crowell, Kym Sent: Wednesday, September 18, 2019 1:37 PM To: Schuler, Brad Subject: FW: Proposed Middlesound West development For your file on this matter... Kym Crowell I Clerk To The Board County Commissioners New Hanover County 230 Government Center Drive, Suite 175 Wilmington, NC 28403 (910) 798 -7143 p 1 (910) 798 -7145 f www.nhcaov.com From: Tami Procopio <tamidee007 @gmail.com> Sent: Tuesday, September 17, 2019 4:11 PM To: Barfield, Jonathan <jbarfield @nhcgov.com >; Kusek, Patricia <pkusek @nhcgov.com >; Olson - Boseman, Julia <joboseman @nhcgov.com >; White, Woody <wwhite @nhcgov.com >; Zapple, Rob <rzapple @nhcgov.com >; Crowell, Kym <I<Crowell @nhcgov.com> Subject: Proposed Middlesound West development Dear County Commissioners: I am writing you on behalf of my community and as a very upset and concerned citizen of New Hanover County. My husband and I have lived in the G1enRidge at Westbay Estates community for 22 years. During this time we have seen our flooding problem go from bad to horrendous. After 80% of the homes in my community flooded into the homes during Florence and my home came within two inches of flooding into our home during Dorian, I am learning that it is in the hands of you to approve a special use permit for yet another unnecessary development in this part of Ogden. I understand that Middlesound West is proposed for retail space and 288 apartments. This is absurd. There is already a chronic flooding problem in this area as well as a severe infrastructure problem. Not only can the land not handle more concrete and asphalt, the streets can't handle more cars and the schools can't handle more students. There is already an over building of apartment buildings in this part of town..... Gordon Road, Market St. towards Porters Neck and Military Cutoff towards Mayfaire. We have been informed that the storm water run off in this area is inadequate due to an old system that needs major work to update. Of which, there's no money for at this time. So in the meantime, our option is to wait for our home to flood again, or sell it to someone else and let it become their problem. There are 68 homes in G1enRidge and I'd say that 7 or 8 have been sold since Florence. We should not be forced into selling our home due to the county's poor decision making. This should not be happening! I would suggest that the county commissioners start looking at the impact of your decisions on people's lives as opposed to a bank account. Tax revenue isn't worth people having to sacrifice all they've worked for because of poor decisions in allowing over building in areas not meant for the development. I know that I speak for the vast majority of people who live in this part of Ogden. Nobody wants this development and we certainly don't need it. There's plenty of empty retail space in this county already. Look at Mayfaire and all the empty spots that have never been filled since expanding the section where H &M is rented. Also, there are plenty of other (not flood prone) areas where apartments can be built. I am asking you to strongly look at the impact of this special use permit and what it will potentially do to those of us living in this area. I hope that you make the right decision and decline this special use permit. 1 Board of Commissioners - October 21, 2019 ITEM: 18- 14 - 33 Thank you for your consideration to this important request. Joe and Tami Procopio 319 Smallwood Ct. Wilmington, NC 28411 2 Board of Commissioners - October 21, 2019 ITEM: 18- 14 - 34 Schuler, Brad From: Crowell, Kym Sent: Wednesday, September 18, 2019 1:39 PM To: Schuler, Brad Subject: FW: Proposed Middle sound West Development Kym Crowell I Clerk To The Board County Commissioners New Hanover County 230 Government Center Drive, Suite 175 Wilmington, NC 28403 (910) 798 -7143 p 1 (910) 798 -7145 f www.nhcqov.com From: skayel4= yahoo.com @webformsnhcgov.com <skayel4= yahoo.com @webformsnhcgov.com> On Behalf Of Sandy Pruett Sent: Wednesday, September 18, 2019 10:32 AM To: Crowell, Kym <KCrowell @nhcgov.com> Subject: Proposed Middle sound West Development Please select the department you would like to direct your inquiry to: County Commissioners & Clerk to the Board Name Sandy Pruett Email skaye14C@yahoo.com Subject Proposed Middle sound West Development Your Message Please, please reconsider the the proposed Middlesound West housing development /apartments located behind the KOA camping ground off Market street in Ogden. Ogden cannot take anymore strain on their drainage system. Two developments are going up on Gordon which is a bad idea. More traffic on Gordon Road! Yay, just what that dangerous street needs. Anyone that lives in that area knows that when we have a storm or heavy rain the flooding is terrible. Lucky homeowners hold our breath as the water rises to their porches and inches from their doorways. Unlucky homeowners continue to get their homes flooded. Enough is enough. People are unhappy with the way the area is being over built. Please make good decisions. Thank you 1 Board of Commissioners - October 21, 2019 ITEM: 18- 14 - 35 Schuler, Brad From: Sent: To: Subject: Importance: Crowell, Kym Friday, September 20, 2019 1:18 PM Schuler, Brad FW: Glenridge at West Bay Estates Homeowners objection to new building High Kym Crowell I Clerk To The Board County Commissioners New Hanover County 230 Government Center Drive, Suite 175 Wilmington, NC 28403 (910) 798 -7143 p 1 (910) 798 -7145 f www.nhcqov.com From: workorders @aib - hoa.com <workorders @aib - hoa.com> Sent: Friday, September 20, 2019 11:23 AM To: Barfield, Jonathan <jbarfield @nhcgov.com >; Kusek, Patricia <pkusek @nhcgov.com >; Olson- Boseman, Julia <joboseman @nhcgov.com >; White, Woody <wwhite @nhcgov.com >; Zapple, Rob <rzapple @nhcgov.com >; Crowell, Kym < KC rowe I I @ n h cgov. co m > Cc: Benjamin Hughes <Benjaminhughesl @ gmail.com>; Jason Smith <e.jasonsmith @yahoo.com >; Malorie Slusher <mhslusher @gmail.com >; Michael Rose <michael.rose98 @ gmail.com>; Michael Staublin <mpstau0l @gmail.com> Subject: Glenridge at West Bay Estates Homeowners objection to new building Importance: High Glenridge at West Bay Estates Homeowners Association — Board of Directors September 19, 2019 <jbarfieldAnhcgov.com >, <pkusekknhc,gov.com >, <jobosemanknhc,gov.com >, <wwhiteknhcgov.com >, <rzappleknhcgov.com >, <kcrowellc�r�,nhcgov.com> New Hanover County Dear County Commissioners; We are writing you to make sure you are aware of our Community's stance on the proposed development of Middlesound West, retail space and 288 apartments. 80% of Glenridge at West Bay Estates Community flooded during Florence and many of the homes came close to flooding again during Dorian. The addition of more impervious surface to this area will not help this already strained flooding situation. Our neighborhood has already been informed by your office that the storm water system is inadequate and out of date, Post Florence. Why compound an already bad situation with more unnecessary building? Almost a dozen homes have sold in the neighborhood since Florence, and this flooding situation is already beginning to affect our property values. Some people have yet to get the funding to rebuild after Florence and now Dorian and the threat of more.... We feel that no new building should take place until the flooding and storm water situation is under 1 Board of Commissioners - October 21, 2019 ITEM: 18- 14 - 36 control for the current homes in the area. Attached are photos of flooding from Hurricane Florence and also of Hurricane Dorian. Do the right thing and vote to reject this special zoning permit. Sincerely the 68 homeowners, Board of Directors — Glenridge at West Bay Estates Link to photos from Dorian: https: // photos .app.goo.gl /aYutu318gnJihsN87 Link to photos from Florence: https: / /drive.google.com/ open? id= lcgQUYtrori78vnikZxZgzZstLbH2XmDk Jennifer AIB Specializing in HOA Management Providing HOA Management with Accountability, Integrity & Balance PO Box 1124 Carolina Beach, NC 28428 P: 910 - 458 -0818 F: 910 - 338 -3933 www.aib - hoa.com NOTE: Please be advised that any work orders sent via email will take longer to process, please submit all work orders on the www.aib - hoa.com website (owner login required). This message, and any files transmitted with it may contain confidential information and is intended only for the individual addressee(s). If you are not the named addressee or if you have received this email by mistake, you should not disseminate, print, distribute or copy this e -mail. If you have received this email by mistake, please notify the sender immediately and delete this e -mail from your system. 2 Board of Commissioners - October 21, 2019 ITEM: 18- 14 - 37 Schuler, Brad From: Crowell, Kym Sent: Thursday, September 19, 2019 9:12 AM To: Schuler, Brad Subject: Fwd: Middlesound Development Ogden Kym Crowell Clerk to the Board NHC Board of Commissioners (910) 798 -7149 Kym Crowell I Clerk To The Board County Commissioners New Hanover County 230 Government Center Drive, Suite 175 Wilmington, NC 28403 (910) 798 -7143 p 1 (910) 798 -7145 f www.nhcqov.com From: Betty Garner <bgarner917 @gmail.com> Sent: Wednesday, September 18, 2019 4:56:06 PM To: Barfield, Jonathan <jbarfield @nhcgov.com >; Kusek, Patricia <pkusek @nhcgov.com >; Olson- Boseman, Julia <joboseman @nhcgov.com >; White, Woody <wwhite @nhcgov.com >; Zapple, Rob <rzapple @nhcgov.com >; Crowell, Kym <KCrowell @nhcgov.com> Subject: Middlesound Development Ogden We have lived in Wilmington for many years. Moved away but moving back soon. After hurricane Dorian I was horrified at the flooding on Torchwood, Courtney Pines area and so was everyone else! I have talked with Pat Kusek. And this is one reason why ..... over development and county commissioners approving it!! We're moving to Courtney Pines in 2 weeks. I hope that all of you take this seriously, homes are going to be flooded!! Stop building in this area! 1 Board of Commissioners - October 21, 2019 ITEM: 18- 14 - 38 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 21, 2019 REGULAR DEPARTMENT: Planning PRESENTER(S): Brad Schuler, Senior Planner CONTACT(S): Brad Schuler; Wayne Clark, Planning & Land Use Director SUBJECT: Public Hearing Rezoning Request (Z19 -09) — Request by Southeastern Site Acquisitions, LLC, on Behalf of the Property Owner, Edwin I. Jr. and Nancy R. Ennis, to Rezone Approximately 12.3 Acres of Land Located in the 2500 Block of Castle Hayne Road, from R -15, Residential District, and B -2, Highway Business District, to UMXZ, Urban Mixed Use Zoning District, in Order to Construct a Mixed -Use Development BRIEF SUMMARY: The Urban Mixed Use Zoning District (UMXZ) is one of eight zoning districts approved by the Board of Commissioners in July 2019. The intent of the UMXZ is to promote mixed -use developments on sites large enough to create a mix of uses within the development and surrounding area. The UMXZ district encourages the development of a mixture of housing types and the enhancement of transportation options by promoting higher density housing to be located closer to commercial services. The objectives of the U MXZ can be met within a subject site or can create a mixture of uses in the overall area of the community where it is located. The U MXZ district is considered to be a type of conditional zoning district and includes a conceptual site plan illustrating the location and intensity of all major land uses. Conceptual site plans for U MXZ districts are intended to be in a bubble format that illustrate the general location and intensity of the land uses within the development, similar to what is used for Planned Development zoning proposals. Similar to conditional zoning districts, the applicant is bound by the conceptual plan and cannot change the character of the development or increase the proposed density. Minor changes can be approved by staff that allow for dimensional adjustments that meet code requirements and that do not exceed 10 percent of what was approved by the board. The proposed mixed -use development will consist of up to 226 dwelling units located within apartment buildings and mixed -use buildings, and approximately 41,000 square feet of commercial building space. The commercial uses proposed are retail, restaurant, office, and neighborhood services (including personal service establishments). The buildings will be restricted to a maximum height of 45 feet. The area designated for mixed -use buildings within the UMXZ conceptual plan are currently developed with commercial businesses consisting of restaurants, offices, personal services, and equipment sales. The proposal would allow for redevelopment of these commercial areas and would replace the equipment sales business with traditional commercial (office, retail, restaurants, etc.) and multi- family uses. The subject site is located within the Wrightsboro commercial node, at the intersection of N. Kerr Ave and Castle Hayne Road. It is in close proximity to the downtown and airport economic hubs, employment Board of Commissioners - October 21, 2019 ITEM: 19 opportunities including GE and N. Kerr Industrial park, and other regional destinations. In addition, the site is close to three major transportation corridors: MLK Jr. Parkway, Interstate 40, and Interstate 140. The subject site consists of 5 parcels of land totaling approximately 12.3 acres. Three of the parcels (about 5 acres or 40% of the site) are currently zoned B -2 and contain existing commercial businesses. The remaining 7 acres of the site are zoned R -15 and contain a single - family dwelling, barn, and telecommunications tower. Currently, the 7 acres zoned R -15 would be permitted approximately 18 dwelling units under the County's performance residential standards at a maximum density of 2.5 du /ac. The proposed 226 residential units as part of the full mixed -use site would equate to a density of 18.4 du /ac. The existing B -2 zoned land is estimated to support about 50,000 square feet of commercial /shopping center uses (based on typical 25% building area for this type of zoning). The proposed U MXZ reduces the commercial area and proposes approximately 41,000 square feet of commercial building space. A Traffic Impact Analysis (TIA) was approved for the residential component of the project. The TIA analyzed the Level of Service (LOS) in delay in seconds per vehicle at the intersection of Castle Hayne Road and N. Kerr Ave /Riverside Drive. The intersection currently operates a LOS of C, and is expected to be operating at a LOS of D in the AM peak hours and a LOS of E in the PM peak hours in 2021. Although delays getting through the intersection are expected to increase over the next few years due to overall growth in the area, the TIA indicates this project will not increase that delay and with the required improvements could reduce the delay slightly. NCDOT analyzed the capacity of Castle Hayne Road from Division Drive to 1 -140 as part of the State project to widen the road (U- 5863). The report examined three alternatives to improve Castle Hayne Road along this segment, and forecasted the LOS at notable intersections along the road segment, including at N. Kerr Ave. The report found that in 2040, the studied intersections would operate at a LOS of E or better with no improvements being made to the road. With the construction of the recommended improvements included in the three alternatives for the NCDOT project, the studied intersections would operate at an acceptable LOS of D or better. Bidding of the project is expected to take place in 2024, with construction to be completed in the late 2020s. The subject site is classified as Community Mixed Use and General Residential in the 2016 Comprehensive Plan. Because of the general nature of place type borders, sites located in proximity to the boundaries between place types could be appropriately developed with the characteristics of either or both place types, allowing site - specific features and evolving development patterns in the surrounding area to be considered. The proposed UMXZ rezoning is generally CONSISTENT with the Comprehensive Plan's intent of providing an orderly transition of uses from higher intensity to lower intensity areas, providing for a range of housing types, and allowing for future residents' convenient access to basic goods and services. The Planning Board considered this application at their August 1, 2019 meeting. At the meeting one resident spoke in opposition citing concerns over traffic; and the applicant provided several letters of support. The Planning Board recommended approval of the application, finding it to beCONSISTENT with the purposes and intent of the Comprehensive Plan because the proposal provides an orderly transition of uses from higher intensity to lower intensity areas, provides for a range of housing types, and allows for future residents' convenient access to basic goods and services. The Planning Board also found APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would benefit the Wrightsboro community by providing diverse housing options, by increasing the customer Board of Commissioners - October 21, 2019 ITEM: 19 base to support area businesses, and by allowing for more pedestrian- oriented travel. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Attract and retain new and expanding businesses • Implement plans for land use, economic development, infrastructure and environmental programs • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Overall the project is generally consistent with the goals and objectives of the both the Comprehensive Plan and Urban Mixed Use Zoning District because it contributes to providing a mix of housing options in the area and promotes business success and pedestrian- oriented travel while reducing demand for automobile trips. Staff concurs with the Planning Board's recommendation and suggests the following motion: I move to APPROVE the proposed rezoning to a U MXZ district. I find it to beCONSISTENT with the purposes and intent of the Comprehensive Plan because the proposal provides an orderly transition of uses from higher intensity to lower intensity areas, provides for a range of housing types, and allows for future residents' convenient access to basic goods and services. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would benefit the Wrightsboro community by providing diverse housing options, by increasing the customer base to support area businesses, and by allowing for more pedestrian- oriented travel. Alternative Motion for Denial I move to DENYthe proposed rezoning to a UMXZ district. While I find it to beCONSISTENT with the purposes and intent of the Comprehensive Plan because the proposal provides an orderly transition of uses from higher intensity to lower intensity areas, provides for a range of housing types, and allows for future residents' convenient access to basic goods and services, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent neighborhoods. ATTACHMENTS: Z19 -09 Script BOC Z19 -09 Staff Report BOC Z19 -09 Neighboring Properties Map Z19 -09 Zoning Map Z19 -09 Future Land Use Map Z19 -09 Proposed Conceptual Plan Applicant Materials Z19 -09 Application Package Proposed Site Plan Board of Commissioners - October 21, 2019 ITEM: 19 ryt��y�8p�'ujo t COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as presented by staff. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - October 21, 2019 ITEM: 19 SCRIPT for Zoning Map Amendment Application (Z19 -09) Request by Southeastern Site Acquisitions, LLC, on behalf of the property owner, Edwin I. Jr. and Nancy R. Ennis, to rezone approximately 12.3 acres of land located in the 2500 block of Castle Hayne Road, from R -15, Residential District, and B -2, Highway Business District, to UMXZ, Urban Mixed Use Zoning District, in order to construct a mixed -use development. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and additional 5 minutes for rebuttal. 2. Conduct He a. b. C. d. e. >aring, as follows: Staff presentation Applicant's presentation (up to 15 minutes) Opponent's presentation (up to 15 minutes) Applicant's rebuttal (up to 5 minutes) Opponent's rebuttal (up to 5 minutes) 3. Close the public hearing A. Board discussion 5. Vote on the application. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why approval or denial of the rezoning request is reasonable and in the public interest. Staff Suggested Motion: I move to APPROVE the proposed rezoning to a UMXZ district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposal provides an orderly transition of uses from higher intensity to lower intensity areas, provides for a range of housing types, and allows for future residents' convenient access to basic goods and services. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would benefit the Wrightsboro community by providing diverse housing options, by increasing the customer base to support area businesses, and by allowing for more pedestrian- oriented travel. Alternative Motion for Denial I move to DENY the proposed rezoning to a UMXZ district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposal provides an orderly transition of uses from higher intensity to lower intensity areas, provides for a range of housing types, and allows for future residents' convenient access to basic goods and services, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent neighborhoods. Alternative Motion for Approval /Denial: I move to [Approve /Deny] the proposed rezoning of the subject property included in this application to a UMXZ district [OPTIONAL: state any agreed upon conditions]. I find it to be [Consistent /Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] I also find [Approval /Denial] of the rezoning request is reasonable and in the public interest because [insert reasons] STAFF REPORT FOR Z19 -09 ZONING MAP AMENDMENT APPLICATION URBAN MIXED USE ZONING (UMXZ) OVERVIEW • The Urban Mixed Use Zoning District (UMXZ) is one of eight new zoning districts approved by the Board of Commissioners in July. • The intent of the UMXZ is to promote mixed -use developments on sites large enough to create a mix of uses within the development and surrounding area. The UMXZ district encourages the development of a mixture of housing types and the enhancement of transportation options by promoting higher density housing to be located closer to commercial services. • The district is established to meet the following five primary objectives. These objectives to mix uses can be met within a subject site or can create a mixture of uses in the overall area of the community where it is located: 1. To encourage the efficient mixed use development pattern envisioned in the comprehensive plan; 2. To result in quality design and a variety of built forms of lasting value that result in a pedestrian scale; 3. To provide a mix of housing options; 4. To promote and enhance transportation options, particularly those that are pedestrian- oriented, while reducing demand for automobile trips; and 5. To encourage a mix of uses to foster a sense of community. • The UMXZ district is considered to be a type of conditional zoning district and includes a conceptual site plan illustrating the location and intensity of all major land uses. Conceptual site plans for UMXZ districts are intended to be in a bubble format that illustrate the general location and intensity of the land uses within the development, similar to what is used for Planned Development zoning proposals. • In addition to requiring a mix of residential and nonresidential uses, the UMXZ district requires specific layout and design standards which will be verified by the Technical Review Committee (TRC) during the site plan review process. These standards include providing pedestrian access and connectivity, incorporating architectural design elements, and locating the parking to the rear and side of the buildings. Z19 -09 Staff Summary BOC 10.21.2019 Board of Commissioners - October 21, 2019 ITEM: 19- 2 - 1 Page 1 of 15 APPLICATION SUMMARY Case Number: Z19 -09 Request: Establish an Urban Mixed Use Zoning District Applicant: Property Owner(s): Chris Dunbar — Southeastern Site Acquisitions, LLC Edwin I. Ennis Jr. & Nancy R. Ennis Location: Acreage: 2500 Block of Castle Hayne Road 12.3 PID(s): Comp Plan Place Type: R03300 -001 - 014 -000; R03300- 001 - 060 -000; Community Mixed Use &General R03300- 001 - 059 -000; R03300- 001 - 039 -000; Residential R03300-001-013-000. South Existing Land Use: Proposed Land Use: Commercial /Shopping Center & Single - Family Residence Mixed -Use Development Current Zoning: Proposed Zoning: B -2 & R -15 UMXZ SURROUNDING AREA LAND USE ZONING Wrightsboro Plaza (Food Lion Shopping Center), SC (Shopping Center), North Restaurants (McDonald's, Nigori Gourmet & Sushi Bar), B -2 Retail (Family Dollar, Advance Auto Parts) East Strip- Center (Restaurants, Retail, Services), Auto Service B -2, B -1, AR (Exxon Gas Station, Auto Repair), Residential South Single - Family Residential, Commercial Services R -15, B -2 West Stormwater Infrastructure for the Riverside subdivision, R -15 Single - Family Residential Z19 -09 Staff Summary BOC 10.21.2019 Board of Commissioners - October 21, 2019 ITEM: 19- 2 - 2 Page 2 of 15 Aerial _a ➢(:" Z19-09 New /Hanfl Cy ZONING HISTORY Water /Sewer July 1, 1974 Portions of the site initially zoned R -20 and B -1 (Area l0A) July 2, 1990 Portions of the site rezoned from R -20 and B -1 to B -2 (Z -409) April 6, 1999 Portions of the site rezoned from R -20 to B -2 (Z -651 ) October 2, 2006 Portions of the site rezoned from R -20 to R -15 (Z -848) COMMUNITY SERVICES Water /Sewer Water and sewer will be provided by CFPUA. Specific design will be Historic determined during site plan review. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Station Wrightsboro Schools Wrightsboro Elementary, Eaton Elementary, Holly Shelter Middle, and New Hanover High Schools Recreation Optimist Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Z19 -09 Staff Summary BOC 10.21.2019 Page 3 of 15 Board of Commissioners - October 21, 2019 ITEM: 19- 2 - 3 PROPOSED CONCEPTUAL PLAN ■ NORTH ■ Faou uo - �1 ` Awe ''� • ._ ._ � Hayne Riverside n a e i aA+t c aE 1 ROdd Subdivision � � I I o 'To-Z-4 q J - .._�......... GANEw p .. .v �-aA - � NE �... •,... 1 E 11 , MARIMEIRBIALWNGa "'+_�"•^ tj]��Jg F/JtgNG }AEA nervy - - —. — — _ — — Includes Staff Markups • The proposed mixed -use development will consist of up to 226 dwelling units located within apartment buildings and mixed -use buildings, and approximately 41,000 square feet of commercial building space. The commercial uses proposed are retail, restaurant, office, and personal services. The buildings will be restricted to a maximum height of 45 feet. • The western and southern boundaries of the site are designated for stormwater facilities on the conceptual plan. As a result, the areas designated for apartment buildings will exceed the required minimum setback of 45' from single - family zoning districts. In addition, the single - family lots to the west of the site within the proposed Riverside subdivision will not directly abut the subject site due to the existing stormwater pond within that subdivision. The applicant is also proposing to install solid fencing and a mixture of vegetation at varying heights above the minimum requirements to screen the multi - family units from the existing single - family lots adjacent the property on Chadwick Ave. • The area designated for mixed -use buildings within the UMXZ conceptual plan are currently developed with commercial businesses consisting of restaurants, offices, personal services, and equipment sales. Z19 -09 Staff Summary BOC 10.21.201 9 Page 4 of 15 Board of Commissioners - October 21, 2019 ITEM: 19- 2 - 4 a Existing Commercial Building within Proposed Development • The plan would allow the existing commercial buildings to be replaced or renovated as mixed -use structures that include both commercial businesses and residential units. Overall, the entire project would be allowed a maximum of 226 dwelling units that could be divided between the multi - family and mixed -used buildings. • The plan proposes to remove the equipment sales business (a utility trailer retailer) and replace it with a commercial building consisting of retail, office, and neighborhood services. Additionally, the new building may be designed to include residential units above the commercial space. The outdoor storage area of the equipment sales business will be replaced with multi - family housing. Existing Utility Trailer Business — Proposed to be Replaced Z19 -09 Staff Summary BOC 10.21.201 9 Page 5 of 15 Board of Commissioners - October 21, 2019 ITEM: 19- 2 - 5 Existing Outdoor Storage Area — Proposed to be Replaced The plan allows for the existing strip commercial building, located directly west of the McDonald's, to remain or be upfitted with residential units above the commercial space or be converted completely to multi - family apartments. Existing Commercial Building West of McDonald's — Proposed to be Upfitted or Converted to Multi - Family Units Z19 -09 Staff Summary BOC 10.21.2019 Board of Commissioners - October 21, 2019 ITEM: 19- 2 - 6 Page 6 of 15 Rear of Building — Potential Future Dwelling Units ZONING CONSIDERATIONS • The subject site is located with the Wrightsboro commercial node, at the intersection of N. Kerr Ave and Castle Hayne Road. • The subject site is located in close proximity to the downtown and airport economic hubs, employment opportunities including GE and N. Kerr Industrial park, and other regional destinations. In addition, the site is close to three major transportation corridors: MILK Jr. Parkway, Interstate 40, and Interstate 140. Wri htsboro Node �►,� �iy�.. �1.n f ZI _ y � ACE n " Hardwarerx�tb g' 1t` v RA1Ne.Y ImLm z f1� +�r pPe ►ya'�J4 s Approved Apts g Riverside Subdivision I^ sawmill Zoning Districts ..'' OaIIAR A -� ®CZD B -2 vc J= ` GENERAL _ rna kraft .'44- � +. B -1 —R -15 F i RSTQUALITY IMPORTS ":. -. �N G/tS7dF" EREEK - B-2 R-20 Horizon - Forest MCZD B -1 SC ' Products Z19 -09 Staff Summary BOC 10.21.201 9 Page 7 of 15 Board of Commissioners - October 21, 2019 ITEM: 19- 2 - 7 • The subject site consists of 5 parcels of land totaling approximately 1 2.3 acres. Three of the parcels (about 5 acres or 40% of the site) are currently zoned B -2 and contain existing commercial businesses. The outdoor storage area associated with the existing utility trailer business consists of approximately one acre of the B -2 zoned area. The remaining 7 acres of the site is zoned R -15 and contains a single - family dwelling, barn, and telecommunications tower. • Currently, the 7 acres zoned R -15 would be permitted approximately 18 dwelling units under the County's performance residential standards at a maximum density of 2.5 du /ac. The proposed 226 residential units as part of the full mixed -use site would equate to a density of 18.4 du /ac. • The existing B -2 zoned land is estimated to support about 50,000 square feet of commercial /shopping center uses (based on typical 25% building area for this type of zoning). In addition, the B -2 district allows for heavy commercial and light industrial uses including contractor offices, outside storage, mini - warehousing, auto repair, and artisan manufacturing. TRANSPORTATION • The subject site is located at the corner of Castle Hayne Road (NC 133), a minor arterial street, and Riverside Drive, a private road used by the adjoining commercial businesses including Wrightsboro Plaza. This intersection is signalized and also intersects with N. Kerr Ave (SR 1322). The signal at this intersection includes an eastbound left turning movement from Riverside Drive. The subject site will have direct access to both Castle Hayne Road and Riverside drive. Z19 -09 Staff Summary BOC 10.21.2019 Page 8 of 15 Board of Commissioners - October 21, 2019 ITEM: 19- 2 - 8 • Redevelopment of the site as currently zoned would potentially allow for 50,000 square feet of commercial /shopping center uses and 18 dwelling units. According to NCDOT trip generation data, development of this intensity is estimated to generate about 200 trips in the AM peak hours and 350 trips in the PM peak hours. • The proposed UMXZ would convert some of the existing commercial area to multi - family uses, and is proposing about 40,000 square feet of commercial uses and a maximum of 226 multi - family units. This equates to a projected trip generation of 250 in the AM peak hours, and 375 in PM peak hours. The proposed changes are estimated to result in a net increase of 50 trips in the AM peak and 25 trips in the PM peak. • The applicant previously prepared a Traffic Impact Analysis (TIA) for a 360 -unit multi- family project in late 2018, which was proposed to be developed on a portion of the subject site and on neighboring property to the northwest (located within the Riverside subdivision, directly behind Food Lion). That TIA was approved by NCDOT and the WMPO and requires a new signal timing plan be provided for the intersection of Castle Hayne Road and N. Kerr Ave, but no additional improvements to the surrounding roadway network. Recent improvements, including the installation of a new eastbound right turn lane on Riverside Drive at Castle Hayne Road were installed as part of the development of the Riverside subdivision. • The above referenced TIA analyzed the impacts of 360 multi - family units. Because the current proposal reduces the number of dwelling units included in the project to 226 units, NCDOT staff has indicated that no update to the TIA will be required to develop the residential portion of the project. Traffic impacts will be reviewed with any redevelopment of the existing commercial component of the project and additional TIAs may be required at that time in accordance with County and NCDOT regulations. Traffic Analysis • The TIA analyzed the Level of Service (LOS) in delay in seconds per vehicle at the intersection of Castle Hayne Road and N. Kerr Ave /Riverside Drive. The intersection currently operates a LOS of C, and is expected to be operating at a LOS of D in the AM peak hours and a LOS of E in the PM peak hours in 2021. • Although delays getting through the intersection are expected to increase over the next few years due to overall growth in the area, the TIA indicates this project will not increase that delay and with the required improvements could reduce the delay slightly. • NCDOT analyzed the capacity of Castle Hayne Road from Division Drive to 1 -140 as part of the State project to widen the road (U- 5863). The report examined three alternatives to improve Castle Hayne Road along this segment, and forecasted the LOS at notable intersections along the road segment, including at N. Kerr Ave. The report found that in 2040, the studied intersections would operate at a LOS of E or better with no improvements being made to the road. With the construction of the recommended improvements included in the three alternatives for the NCDOT project, the studied intersections would operate at an acceptable LOS of D or better. Bidding of the NCDOT project is expected to take place in 2024, with construction to be completed in the late 2020s. Z19 -09 Staff Summary BOC 10.21.2019 Board of Commissioners - October 21, 2019 ITEM: 19- 2 - 9 Page 9 of 15 Nanrhv Plnnnarl Trnncnnrfnfinn Irrmnrnvanmantc nnrl Treiffir Imnnrt Annlwcac Traffic Impact Analyses a'Ro Approved ° ? a 1 Mile Radius' MG Under Review s' P v l BITTER _ Under Draft �:� J_NORTH COUNTY (1 ARLEtiE �ti `� } STIP Project U-5863 t IF r TER a 1 m SAN�Y1 -MODAW y ; LONO µARRELLS' r� Y Z 19 -07 71 _ WIN -- ual O. I - a� KERB Riverside �� `° TRIBUTARY .� RIVE _ TIA Approved DE 1 NARIJFT7 Wrightsboro Commons TIA Approved AStLE CREEK " ART Hanover Lakes TIA Approved 'c<, p p 3 BERHbpA r ovr. Q . F41RFlFII. Wave Bus Stop �5 STIP Project �•••' STIP Project `� U -5954 " FORE$r R 0 0.25 0.5 R+^ 9 Nearby NC STIP Projects: • STIP Project U -5863 • Project to widen Castle Hayne Road from 1 -1 40 to MILK Parkway. • Current production schedule for this project is to begin right -of -way acquisition in 2020 and bidding of the project in 2022. However, the draft STIP, which will be finalized in September, has moved the dates for right -of -way acquisition to 2021 and bidding of the project to 2024. • This project will widen Castle Hayne Road by adding a center turn lane or median to certain sections of the Road. Currently the draft plans include the addition of center median directly adjacent the subject site which would prevent left turning movements outside of the signalized intersection at Riverside Drive/N. Kerr Ave and Castle Hayne Road. Z19 -09 Staff Summary BOC 10.21.2019 Page 10 of 15 Board of Commissioners - October 21, 2019 ITEM: 19- 2 - 10 o Based on the preliminary 25% plans, left turns to enter and exit Chadwick Ave (the residential community directly south of the site) would still be permitted. However, a median would be installed along Horne Place Drive (a residential community located north of Wrightsboro Plaza), preventing left turning movements from entering and exiting the street and requiring the use of proposed u -turn bulbs that will be installed with the project. • STIP Project U -5954 • Project to install a roundabout at the intersection of Castle Hayne Road and 23rd Street. • Current production schedule for this project is to begin right -of -way acquisition in late 2019 and bidding of the project in 2022. However, the draft STIP, which will be finalized in September, has moved the dates for right -of -way acquisition to 2022 and bidding of the project to 2024. Nearby Traffic Impact Analyses: Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards. Approved analyses must be re- examined by NCDOT if the proposed development is not completed by the build out date established within the TIA. Proposed Development Land Use /Intensity TIA Status 1. Wrightsboro • Phase 1: 216 multi - family Commons (CBR units • Approved January 24, 2019 Castle Hayne) — Residential Portion of e Phase 2: 144 multi - family • 2023 Build Out Year Subject Site units The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Updating the signal timing at the intersection of Castle Hayne Road and North Kerr Avenue Nearby Proposed Developments included within the TIA: • Riverside Development Development Status: Construction has not started pending rezoning application. Project was also modified to reduce multi - family units. Z19 -09 Staff Summary BOC 10.21.2019 Board of Commissioners - October 21, 2019 ITEM: 19- 2 - 11 Page 11 of 15 3. Hanover Lakes • Phase 1: 100 single - family • Approved August 13, 2015 2. Riverside dwellings • Approved August 13, 2015 Subdivision • Phase 2: 65 single - family and • 2019 Build Out Year turn lane on Castle Hayne Road at the subdivision's entrance. homes 72 multi - family units • None The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Installing a separate eastbound right turn lane and extending the existing eastbound left turn lane on Riverside Drive at the intersection of Castle Hayne Road. • Signal modification. Nearby Proposed Developments included within the TIA: • River Bluffs • Trasco Distribution Center Development Status: Site work is underway. No lots have been recorded at this time. 3. Hanover Lakes • 231 single - family dwellings • Approved August 13, 2015 0 2018 Build Out Year The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Installation of a northbound left turn lane, southbound left turn lane, and southbound right turn lane on Castle Hayne Road at the subdivision's entrance. Nearby Proposed Developments included within the TIA: • None Development Status: The subdivision is under construction. The required roadway improvements have been installed. ENVIRONMENTAL • The property is not within a Natural Heritage Area or Special Flood Hazard Area. • The property is within the Ness Creek (C;Sw) watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class II (moderate limitation) and Class III (severe limitation) soils, however, the project will connect to CFPUA sewer services. Z19 -09 Staff Summary BOC 10.21.2019 Board of Commissioners - October 21, 2019 ITEM: 19- 2 - 12 Page 12 of 15 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. Specific goals of the comprehensive plan are designated to be promoted in each place type, and other goals may be relevant for particular properties. Community Mixed Use & General Residential Future Land Use Because of the general nature of place type borders, sites located in Map Place Type proximity to the boundaries between place types could be appropriately developed with the characteristics of either or both place types, allowing site - specific features and evolving development patterns in the surrounding area to be considered. Z19 -09 Staff Summary BOC 10.21.2019 Board of Commissioners - October 21, 2019 ITEM: 19- 2 - 13 Page 13 of 15 Community Mixed Use: Focuses on small - scale, compact, mixed use development patterns that serve all modes of travel and act as an attractor for county residents and visitors. Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi - family and single - family residential. Place Type Description General Residential: Focuses on lower- density housing and associated civic and commercial services. Typically, housing is single - family or duplexes. Commercial uses should be limited to strategically located office and retail spaces, while recreation and school facilities are encouraged throughout. Types of uses include single - family residential, low- density multi - family residential, light commercial, civic, and recreational. The proposed mixed use development is located at the Wrightsboro community -level commercial node centered around the intersection of Castle Hayne Road and N. Kerr Avenue and is immediately adjacent to the Riverside Subdivision, a performance project with a mix of multi - family and lower- density single family dwellings. The subject property is designated Community Mixed Use along Castle Hayne Road and General Residential further west, closer to the existing single family neighborhoods. This is a common place type designation for areas along highway corridors and is intended to support more density near major roads and existing higher- intensity development, with a transition to lower densities adjacent to existing lower intensity residential neighborhoods. Due to its location in a transitional area between established commercial properties and residential neighborhoods, the conceptual plan for the proposed development, which provides an orderly transition from commercial to a mixture of commercial and residential to residential, is in Analysis line with the type of development pattern envisioned in the Comprehensive Plan. The Comprehensive Plan identifies a suggested density range for residential development in each place type to assist in identifying what might be appropriate depending on the context of a site and adjacent development patterns. At 18 dwelling units per acre, the proposed maximum density for the development is slightly higher than the 12 -15 dwelling units per acre suggested for Community Mixed Use areas but could be appropriate given its location at an existing higher- intensity commercial node and provisions for pedestrian connections to basic goods and services, such as the grocery store and pharmacy. Site features, such as landscaping buffers and stormwater facilities, have been located along the boundaries with existing and approved single family neighborhoods to assist with an orderly transition. In addition, allowing higher densities in this area would more efficiently use the land resources available in the county and increase the likelihood that the new homes will be affordable to area residents. The design requirements of the new UMXZ zoning district in this area can also assist in providing for street connections with the adjacent existing and Z19 -09 Staff Summary BOC 10.21.2019 Board of Commissioners - October 21, 2019 ITEM: 19- 2 - 14 Page 14 of 15 PLANNING BOARD ACTION The Planning Board considered this application at their August 1, 2019 meeting. At the meeting one resident spoke in opposition citing concerns over traffic; and the applicant provided several letters of support. The Planning Board recommended approval of the application, finding it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposal provides an orderly transition of uses from higher intensity to lower intensity areas, provides for a range of housing types, and allows for future residents' convenient access to basic goods and services. The Board also found APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would benefit the Wrightsboro community by providing diverse housing options, by increasing the customer base to support area businesses, and by allowing for more pedestrian - oriented travel. STAFF RECOMMENDATION Staff concurs with the Planning Board's recommendation. The proposal is consistent with the objectives of the Urban Mixed Use Zoning District and the Comprehensive Plan. The project will add a new higher density housing type to the community in a location that promotes pedestrian - oriented travel. Residents of the development will be able to walk to everyday services including a grocery store, pharmacy, restaurants, and retail establishments, benefiting both the residents and businesses. In addition, Wrightsboro is conveniently located near economic hubs, employee centers, and major transportation corridors. The site also benefits by having direct access to a signalized intersection which allows for left turning movements and efficient access to N. Kerr Ave. Overall the project is generally consistent with the goals and objectives of the both the Comprehensive Plan and Urban Mixed Use Zoning District because it contributes to providing a mix of housing options in the area and promotes business success and pedestrian- oriented travel while reducing demand for automobile trips. Z19 -09 Staff Summary BOC 10.21.2019 Board of Commissioners - October 21, 2019 ITEM: 19- 2 - 15 Page 15 of 15 planned development, reducing the impact of traffic since residents will be able to access a grocery store, pharmacy, and a variety of restaurants without using primary roadways. The proposed UMXZ rezoning is generally CONSISTENT with the Consistency Comprehensive Plan's intent of providing an orderly transition of uses from Recommendation higher intensity to lower intensity areas, providing for a range of housing types, and allowing for future residents' convenient access to basic goods and services. PLANNING BOARD ACTION The Planning Board considered this application at their August 1, 2019 meeting. At the meeting one resident spoke in opposition citing concerns over traffic; and the applicant provided several letters of support. The Planning Board recommended approval of the application, finding it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposal provides an orderly transition of uses from higher intensity to lower intensity areas, provides for a range of housing types, and allows for future residents' convenient access to basic goods and services. The Board also found APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would benefit the Wrightsboro community by providing diverse housing options, by increasing the customer base to support area businesses, and by allowing for more pedestrian - oriented travel. STAFF RECOMMENDATION Staff concurs with the Planning Board's recommendation. The proposal is consistent with the objectives of the Urban Mixed Use Zoning District and the Comprehensive Plan. The project will add a new higher density housing type to the community in a location that promotes pedestrian - oriented travel. Residents of the development will be able to walk to everyday services including a grocery store, pharmacy, restaurants, and retail establishments, benefiting both the residents and businesses. In addition, Wrightsboro is conveniently located near economic hubs, employee centers, and major transportation corridors. The site also benefits by having direct access to a signalized intersection which allows for left turning movements and efficient access to N. Kerr Ave. Overall the project is generally consistent with the goals and objectives of the both the Comprehensive Plan and Urban Mixed Use Zoning District because it contributes to providing a mix of housing options in the area and promotes business success and pedestrian- oriented travel while reducing demand for automobile trips. Z19 -09 Staff Summary BOC 10.21.2019 Board of Commissioners - October 21, 2019 ITEM: 19- 2 - 15 Page 15 of 15 Case: Site Address: Existing Zoning /Use: Proposed Use/Zoning: Z19 -09 2500 block 13- 2/11-15 UMXZ /Mixed Use Castle Hayne Rd Commercial /Retail Development N p:SA�t- PL r `� 2620 913 917 909 • •916 ! 908 gh 325`333 341 349 3570 • 260612 ! X3.417 • •9 2 2613 2612 ! • • • 337! 345! 353 2609 416 429 • 408 420 • 329. 332 0 340 • 348 356 • • 41 • • 424 • 433 2528 336 344 40 52* • 360 2528 • • 437 • 2524 • 428 • 441 2520 + 0 * 813 817 2524 432 • • 804 809 ! • 825 •2520 2516 • 821 • 829 • 112 105 • 808 816 2516 • 109 r2513i 2512 • 8• • w80 28 0 2512 120* 116 2509 820 828 2508• ! ! 178 • 128 • 124 121 2508 174• •170 158 154 150 w • « Subject Site 179 16.6 !1 r ! • 132 129 125 • r • •1!5 149 141 133• • ! 205 183 • • • • • • 123 .z =x - At1' -f 26151 2609 �2 01 2601 noc" 2612 2601 2601 `6 01 260L 2601 2601 2549 • • 26N KERR AVE 3515 2541 2540 • 2539 • • 2545 • • 253'5 2528 2528 2531 •25219 2528 12528 02 5252 2528 12528 25252523 2520. 2524 3511 517 • 2516 6 121 2515 z511 • HARNFr -r 171 163 � 145 137 • 117 115 111 109 2509 2512 161 157,0153 • ICK p� • 119L 11M3 ! • • 107 • • 3508 C%rfa�W 120 • 2505 2504 ! • 116 • ij • 110 • 106 _•25 • 114 108 • • 104 —_2419 f1 2415 2411 • • 2409 ' • 2407 Ci 4 Z 1,000 O Feet d of Co io e - October 1, .019 L--1— r 1 L ITEM: 9 2422 • �L Case: Site Address: Existing Zoning /Use: Proposed Use/Zoning: Z19 -09 2500 block 13- 2/11-15 UMXZ /Mixed Use Castle Hayne Rd Commercial /Retail Development ■V 1j:Sp,4L R-15-- SC UREL�D1 CZD ° B -1 AR Subject Site . HARN,E naWE � Water C-HA6 WjCK #,qWE Sewer Ada- M Zoning Districts CZD B ° -2. A -1 EDZD N PD R -20S SC CA5TLE C _ _ SEEK LN AR 1-1 R 10 R -7 / B -1 ■ 1 -2 R -15 RA R -20 B -2 0&1 R -20 ■ RFMU Indicates Conditional Use District (CUD) Indicates Conditional Zoning District (CZD) 1,000 O 0&1 U COD See Section 55.1 of the Zoning Ordinance Feet of Co io - October 1, 019 � Incorporated Areas SHOD ITEM: Wj Case: Site Address: Z19 -09 2500 block Castle Hayne Rd 1,000 GENERAL RESIDENTIJ Feet Existing Zoning /Use: Proposed Use/Zoning: 13- 2/11-15 UMXZ /Mixed Use Commercial /Retail Development Subject Site All - October/21-\2019 rt �x til COMMUNITY t �� — N KERR AVE MIXED�USE z 2� A`MJE c�. Place Types COMMERCE ZONE EMPLOYMENT CENTER GENERAL RESIDENTIAL URBAN MIXED USE COMMUNITY MIXED USE RURAL RESIDENTIAL CONSERVATION tiOFtNE pL- N. KERR AVE. SITE HARNErr A VE. z� �v VICINITY MAP SCALE. I" = 1,000' a NORTH SITE DATA: PROJECT ADDRESS: 2525, 2531/2539 & 2545 CASTLE HAYNE ROAD PARCEL ID: 803300 -001 -059- 000 (2531/ 2539) 803300 -001- 039 -000 (2545) R03300- 001 - 013 - 000(2525) CURRENT ZONING: B -2 (253112539); R -15 (2525 & 2545) PROPOSED ZONING: UMXZ - COMMUNITY SCALE PROPOSED USE: COMMERCIAL DISTRICT MIXED USE PROJECT SITE AREA: ± 12.30 ACRES (± 535,572 SF) OWNER INFORMATION: EDWIN ENNIS, JR. WILMINGTON, NC 28401 FLOOD INFORMATION: THIS PARCEL IS NOT LOCATED IN A FLOOD ZONE, AS DETERMINED BY FEMA FLOOD PANEL 3720312900K, DATED AUGUST 28, 2018 CAMA LAND USE CLASSIFICATION: URBAN TOTAL NUMBER OF BUILDINGS: 11 PRIMARY STRUCTURES (1 EXISTING COMMERCIAL, 1 MIXED USE WITH POSSIBLE TRANSITION TO APARTMENTS, 1 NEW COMMERCIAL MIXED -USE WITH POSSIBLE LOFTS, NO MORE THAN 8 NEW APARTMENT BLDS. & ASSOCIATED ACCESSORY GARAGE STRUCTURES BUILDING LOT COVERAGE: ± 18.3% (± 97,977 SF 1 ± 535,572 SF) 2529 CASTLE HAYNE RD.: ± 2,650 SF 2535 CASTLE HAYNE RD. t 6,387 SF 2539 CASTLE HAYNE RD. t 12,740 SF APARTMENTS ± 74,200 SF (10,000 x 6 + 7,100 x 2) GARAGES t 11,500 SF CLUBHOUSE ± 3,000 SF ± 110,477 SF ALLOWABLE DENSITY: 25 DUAC (MULTI- FAMILY) PROPOSED DENSITY: 18.4 DUAC (226 MAX UNITS) MAXIMUM BUILDING HEIGHT: 45' HOUSING MIX TYPES: 1 -BR 1 STUDIO APARTMENTS LOFTS ABOVE COMMERCIAL 1 -BR, 2 -BR, 3 -BR APARTMENTS ACCESSIBLE APARTMENTS MIXED -USE BUILDING USES MAY INCLUDE: FINANCIAL SERVICES, INSURANCE SERVICES, VETERINARIAN OFFICE, REALTY OFFICE, DESIGN STUDIOS AND SHOWROOMS, CONTRACTOR SHOWROOM, MOTION PICTURE PRODUCTION & DISTRIBUTION OR OTHER APPROVED USES ACCORDING TO NEW HANOVER COUNTY ORDINANCE SYMBOL LEGEND VEHICULAR ACCESS POINT +=M=M PERIMETER SIDEWALK TO BE COORDINATED WITH NCDOT 0000013000 INTERNAL SIDEWALK NETWORK STREET TREES AS REQUIRED TREE PLANTING THROUGHOUT COMMUNITY - ORNAMENTALAND SUPPLEMENTAL TO EXISTING BUFFERING *STORMWATER FACILITIES SHOWN ARE CONCEPTUAL AND ARE SUBJECT TO CHANGE PENDING DESIGN DEVELOPMENT AND FURTHER ,ENGINEERING ANALYSIS OF SOILS AND SITE CONDITIONS ITEM: 19- 6 - 1 & WIDE SIDEWALK AL RIVERa D&DR. ROW y r y�r EXISTING DRIVEWAY ACCESS TO REMAIN RfVEF% if D ROW 50' PR oeyt Joel# F PROPOSED ACCESS AT 1toe11trJ11� NEW RIGHT -OF -WAY t>• �� r1 r1twill. 1 ❑ r - �11a11 O2 - ��1tr�► 01 j� r f lamas" 1 1 r11 �11r J — 1 1 ■ llrtlr , �� 11ri1 Ills �i - ■ M 11rI1r111r itr — ,� uj MIXED -USE BUILDING LU ► 1 - r & PARKING AREA �_ Q , p,L It`1�iW ELK o °©0000 y ❑p SID pD - - °Qpppp r ' Enhance Existing, ❑ Z � - . ± 25,000 sf existing 1 p© K Pond and ua retail /restaurant /office building to — 00❑0o0o0� �E OR 1 loo 0 1 1 pppppp Incorporate Into ©� 0 remain in phase 1 with option to w ! , 0000130 i 1 u Community 1 1 u fit 4 lofts above retail ± 25,000 � p,LLEY � � D Amenity � � — � p { APPROXIMATE SS — 0 y , ❑ , sf) or convert to multi - family L CATION OF ACCE , ❑ • — apartments (± 48,000 sf) with , STRMWATER ALLEY — — ; associated surface parking MANAGEMENT ACCESS � © r 1 F�CILITY 1 d 1 - 1 � 1 �o' ❑1 1 1 APARTMENT °❑ y r � , • L BUILDING & - jr g 00c*0000000000000000000❑00010C APARTMENT 1 PARKING AREA = ! o Lam'•• ��1J�tr�111r11i11�11�1fitJl r D BUILDING & • ±84,000Sf multi-family & © `{ 1) •t1t1.11�1111■11�11�11�11�11-�' PARKING AREA associated surface parking r o CENTRAL i 1_ 0 AMENITY 1 APARTMENT • �` • ± 90,000 sf multi- family & r • t 5,850 sf garages 1 Dp AREA r , - - a r BUILDING & - '• � associated surface parking p 1 ' 1 0 . 3,000 sf PARKING AREA . t 3,900 sf garages — ❑ r - ' ❑ clubhouse m n. 1 r ❑ • neighborhood 1 $ 24,000 sf maximum multi - family & y p associated surface parking recreation r1°o g — _ p r 50' Q�ppCgp$ facilities $ i RIVA �p�� 1 i Rw wN o 1 S\Oe , Y, to ❑ ❑0❑o00C30 ALLEY - ACCESS ` r ENHANCE EXISTING �� y r p J► `' 11 rl Ir >•11 VEGETATIVE BUFFER 7 `� 1J ttr j1 1 H 7 , a L10 > 0 13 Qom.. r '' ► ACCESS tlr 11>� 11 i toot ■ lost EXISTING ■ ,�ttill 11 ACCESS , CELL i — TOWER A cuss APARTMENT BUILDING & r �� '•��`: '�� PARKING AREA "n � • t 48,000 sf MULTIFAMILY & gyp \� ASSOCIATED SURFACE 1 �# PARKING } .1 ,, J1►� 1 • t 1,950 sf GARAGES c� `lltrtlr IU t�tl>•11 U. Il�ll�t rl � o lltl•1111.11 %r,,. APPROXIMATE • ` -• t LOCATION OF I 45' SETBACK z STORMWATER I MANAGEMENT / FACILITY* 1 I EXISTING DRIVEWAY ACCESS TO REMAIN ,KERR AVE. 50' PUBLIC ROW EXISTING ALLEY 1 PARKING LOT TO REMAIN TO SERVE EXISTING COMMERCIAL SPACE; RETROFIT WITH SURFACE PARKING IF BUILDING BECOMES ALL MULTI- FAMILY EXISTING f McDONALD'S } �r,{1�11111.11�1��••�.. - - -- ,4� 1 MIXED -USE BUILDING & 1 PARKING AREA 1 • Existing ± 6,700 sf Commercial Building which may be retrofitted to 14 accomodate future Retail/ Office/ Restaurant/ Personal Services = • Possible multi - family lofts above the commercial space and associated surface parking — r r - ��Ir■ �r�rl■ nrr�■ rr�rr�rttrlt�rt�rr�llt >•Irt>•rtl 0 EXISTING ALLEY ACCESS �rl�rr�rrrr�lr�rrl�rr�trrlr�rr�rr�rr�rr�rt�r 0 MIXED -USE BUILDING & 1 PARKING AREA • ± 9,200 sf Commercial Building with Retail/ Office/ Restaurant/ Personal Services • Possible multi- family lofts above the commercial space and associated surface parking 1 r 1 um �Iltt•Itt1 111 rl�l 111 I1'�1 rl� x Q a�t 0 LUO z� m w.J Q QLn c� 12' WIDE SIDEWALK ALONG CASTLE HAYNE ROAD ROW PENDING COORDINATION WITH NCDOT EXISTING DRIVEWAY ACCESS TO REMAIN r� —I-t" f, J EXISTING DRIVEWAY TO BE IMPROVED TO COUNTY ROAD STANDARDS U W ct� I� f I� W H 0 50' 100' 150' H N O R T H SCALE: 1" = 50' cn z O w D' cz: Ln � o Q � Ln CY C/ � W N �Q O Imo., z � 00 LO c/� J U 0- �Z C)c '-'D � _ cv D N Z� w W UZO v �o �W O U a C) V z C % 0 0 V H rn Q w U U Ln 11 Q F oo� Q U7 � 3 °O ° 0 LL J � f- }z0 z_ 0 Wa CC LL � z W° A— W W z ° a W W °zz � ww Qa Eir a C] U)w voa=EL ca SEAL C-200 PEI JOB #: 19257.PE APPLICANT MATERIALS Board of Commissioners - October 21, 2019 ITEM: 19- 7 - 1 Board of Commissioners - October 21, 2019 ITEM: 19- 7 - 2 NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 GovemmentCenter Drive, Suite 110 ALi Wilmington, North Carolina Telephone (910) 798.7165 FAX (910) 796.7053 .r, plenningdevelopment,nhcpev.eorn CONDITIONAL ZONING DISTRICT Application ►1? X . � ►fN! ! 3te� on property Own*Ks) If diffetwnt Am A. pprioaif /Agent Name Owner f•�ame Company t Own-, Name 2 Addrreejss Address i City, stoic, Zi City, Sint «,rip !ti}orM _ Pi err EMU I Emal rr.�C.w%wr � b1uc�%t �c. kw+P'an't�s •co � , : _ _ _;...:. . u+bel pYy!1!t Address/l.eealion 25305+ Ll7-9 , 25`69 � Z.531 i 7. 205, 2-05 41j CA?,T ..V- t44-1 r4. r.D Parcel Identifitation Number(s) jZ,bSlbO - Co>, - OV91 -00() R o32ob- oo! -p50j - 660 �z,v33oc - ao 1 - of Da o R,0 tai- 011"G6c ice ' °- GOl -otoo - ago Total Parcel(s) Acreage - � � 2.. -�:cAC- Existing Zoning and UseW ,t 1 a- 2. 1 R- IS � .tr.a'� ,t►� IZ�c"CM� 5"fN 1 I t t►�l Future land Use Classification C-ofAM0 NVrq t A-t VYV Case Number Dale me re"Wods Received by.- Z I l _ % !Z Zm"� Page 3 of 7 CondMonal Zoning DlsMat Applivatton — Updated 5/2019 Board of CoMmissioners - October 2 1, 2019 ITEM: 19- 8 - 1 Prbpbww. zoning, Use(s), & Narrative Proposed Conditional Zoning Distrid: Total Acreage of Proposed District; 1 Z 3DO Only uses allowed by right In the corresponding General Use District are eligible for consideration within a Conditional Zoning District, Please list the uses that will be allowed within the proposed Conditional Zoning District, the purpose of the district, and a project narrative (please provide additional pages if needed). y Contiin(sj Within a Conditional Zontng District, additional conditions and requirements which represent greater restrictiottson the development and use of the property than the corresponding General Use District regulations may be added, These conditions may oss'rst in mitigating the impacts the proposed development may have on the surrounding community, Please list any conditions proposed to be placed on the Conditional Zoning District below. Staff, the Planning Board, and Board of Commissioners may propose addMonal conditions during the review process, Page 4 of 7 Conditional Zoning Di*k4 Application — Updated S/2017 "Board of eannnissionets - E)ctube, -211, 2619 ITEM: 19- 8 - 2 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 Transportation Engineers(ITE) Trip Generation Manual. ATraffic Impact Analysis (TIA) must be completed for all `proposed developmentsthat generate more than 100 peak hour trips, and the TIA must be included with this application. ITE Land Use. 5SV 41476W) Trip Generation Use and Varioble (gross floor area, dwelling units, etc.). AM Peak Hour Trips: PM Peak Hour Trips: C 14E ilRMI�OF* GO�+1A11'14%I+IAi! ZONING DISTRICT The Conditional Zoning. District procedure Is established to address sitvations where a particular land use would be consistent with the New Hanover County Land Use Plan and the Zoning Ordinance objective and where only a specific use or uses is proposed, The procedure is intended prirnarily for use with transitions between zoning districts of very dissimilar character where a particular use or uses, with restrictive conditions to safeguard adjacent land uses, can create a more orderly transition benefiting all affected parties and the community -at- large. The applicant must explolni with reference to attached plans (where. applicable), how the proposed Conditional Use Zoning District meets the following criteria. 1. How would the requested change. be consistent with the County's policies for growth and development;! (For example., the Comprehensive Plan and applicable small area plans) 2. How would the requested Conv iona.l Zoning District be consistent with the property's classification on the Future Land Use Map located within the Comprehensive Plant 3. what significant neighborhood changes.have occurfed to make the original zoning inappropriate, or how is the land Involved unsuitable for the uses permitted under the existing zoning? Page S. of 7 Condiflonoi Zoning D1sir10 Application - Updated 5/2017 ITEM: 19- 8 - 3 APPLICATION, REQUIREMENTS 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 must be complete In order to process for further review. Required Required InEom>fallon Staff hititfai Initictl 1 Complete. Conditional Zoning District application. S 2 Application fee - ($600 for 5 acres or less, $700 for more than 5 acres. Any additional $300 fee must be provided for appOcations requiring TRC review). 3 Community meetiN written summary. 5 4 Traffic Impact analysis (for uses that generate more than 100 peak hour trips). 5 Legal description (by metes and bounds) or recorded survey Map Book and Page reference of the property requested for rezoning. 6 Site Plan including the following elements: • Tract boundaries and total area, location of adjoining parcels and roads. • Proposed use of land, structures and other improvements. For residential uses, this shall include number, height and type of units and ared to be occupied by each structure and /or subdivided boundaries. Par non. residential uses, this shall include approximate square footage and height of each structure, an outline of the area R will occupy and the specific purpose for which it will be used. • Development schedule Including proposed phasing. • Traffic and Parking Plan to include a statement of impact concerning local traffic near the tract, proposed. right -of -way dedication, plans for access to and from the tract, location, width and right -of -way for internal streets and location, arrangement and access provision for parking areas, • All existing qnd proposed easements, reservations, required setbacks, rights -of -way, buffering and signage. • The one hundred (100) year floodplain line, if applicable. • Location and sizing of trees required to be protected under Section 62 of the Zoning Ordinance. • Any additional conditions and requirements, which represent greater restrictions on development.and use of the tract than the corresponding General Use District regulations or other limitations an land which may be regulated by State law or Local Ordinance. • Any other Information that will facilitate review of the proposed change Ref. Article VII as applicable), 7 1 hard copy of ALL documents AND 8 hard copies of the site plan. Additional hard copies may be re wired b staff cle ndln on the size of the document site plan. �S 8 t P'DF digital copy of ALL documents AND plans. Page 6 of 7 Conditional Zoning District Application —Updated 52017 ITEM: 19- 8 - 4 ACKNOWLEDGEMENT AND SIGNATURES By my signature below, I understand and accept oil of the conditions, limitations and obligations of the Conditional Zoning District zoning for which is being applied. I understand that the existing official zoning map is presumed to be correct. I understand that I have the burden of praying why this requested change is in the public interest, 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 roview process. The applicant /agent is hereby authorized on my behalf to: 1. Submit an applkation Including all required supplemental information and materials; 2. Appear at public hearings to give representation and commitments; and 3. Acton my behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of this applk!- On. Signature of P ^te r►' Owr -W(t �- - Print Nate- -' +' r jw'�.i'�ierk ::'lie wsr�rr7J�{ LGL Sa.�'ffie�►ei►m Ss'1"e. /ac�u,s,-�rs 1 S s ctir. f Q✓I ' rhQ Signature of ApplicanlJAgentT- Print Name NOTEr Form must be signed by the owner(s) of record. If there are multiple property owners a signature Is required for each owner of record. if an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper (approximately 2 -3 weeks before the he.aring),.the item will be calendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. if the continuance is granted, a fee in accordance with the adopted feeschedule as published on the New Hanover County Planting websiie will be required. - Page 7 of 7 Conditional Zoning District Application - Updated 5/2017 �__._.. oa - ITEM: 19- 8 - 5 104 11 VAN a 9 11 PLANNING & LAND USE A OTHORITY FOR APPOINTMENT OF AGENT II I111L 1 VIM 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 Z535 Z52 I 3 ! Company 'F RC-1 P,yv-,,Z, rE ENC�k�EK t� 1 I N'L Owner Na e 2 /U � � 1' 1 7 /� NN /S City, State. Zip W [_M1 N Ea i �1 r N C- Zip �d Address 'Q1Z Address S �N Parcel -05 co -oni - 3 - ©o1 Ra13 °A -oa[ U N F 4e o -ofeo- ODD City, State, Zip City, St te, Zip / �2% !/�✓Y7i ate -�o �t� !/L C_ p p co- oo1 -W - 64 o `N 1 t-M1,,a 4-rbcZ fJ L Z 3 . , Phone -7z-(p P 910 Z_ Email aen Q�1fei54�� wtt�Wv�`��- •�pM1t Email /1751u /ZA4,±Y7`�,Z/gD Case Number Reference: Date/Time received: Received by: This document was willfully executed on the IZ (_/� & gv�� Owner 1 Signature day of �UN—t:�- 520 f 9 -O&D, Board of Commissioners - October 21, 2019 ITEM: 19- 8 - 6 09/14 r r. 1 NEW 1 ANOVER COUNTY PLANNING & LAND USE A UTHORITY FOR APPOINTMENT OF AGENT 9 11 t.i Vti 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. 19pu C-A4-ry Agent Information Property OwW Subject Property Name owner Name Address 2Pj r 25Z9 Z53� Company Owner Name 2 City, State, Zip # PMCX?l c �?G -iltlt tV.i�7r rN� 1 -na,15 ,tILLA-� j Li.A1iNx- c: � I4L 2-9 i Address Address Parcel ID'Pzr3oo -an( -0 -ooa 122- C-1 Nst-� -N; "- S+4M1:'!e Dl� �►r la 5 b�5'Soolc�tl rota -oa o City, State, Zip City, State, Zip n 33 CO- oo -' �ff W)L-v% P" -(bNr Nc- �Q'7 °3 }�lUkl 1N-,TT f,3 C- -7 ZAP "304 oaa- 0(400 -00L Phone Phone p 'jpo- W - 01 -OO 0 ql© . `1(n I .1Z(c2- 3?,(,p _ ggq —r o Email a�- ��9u��b Email Case Number Reference: Date/Time received: Received by: This document was willfully executed on the I-Z- pw` ttiQ'�tr�, _ f� �tsS rat,.t Z., & $e+�rier 1 Signature At-PL.tc"t-yr day of --\ot..3e- 6wm-r2 Signature , 20 l 'l Board of Commissioners - October 21, 2019 ITEM: 19- 8 - 7 09/14 Wrightsboro Commons— Supplemental Information Date: 15 July 2019 Project Narrative Wrightsboro Commons is proposed as a + 12.30 acre mixed -use commercial and multi - family project. The site is currently split zoned with B -2 in the front of the site along Castle Hayne Road with R -15 on the remaining portions of the site. The land known as the subject site for Wrightsboro Commons is currently comprised of small shopping strip retail /restaurants /office and stand -alone retail /recreational vehicle and boat trailer storage lot, cellular and PCS antennas along Castle Hayne Road and as a second tier retail /restaurant building accessed from Riverside Drive adjacent to the Food Lion and associated retail /restaurant. Behind these uses, a couple of farms /homes are accessed by Riverside Drive. This project is consistent with the County's Future Land Use Plan which identifies the area as Community Mixed Use and General Residential, and it utilizes one of the newly approved zoning districts, UMXZ to create a truly small scale mixed use development. This conditional rezoning will allow the applicant to construct a walkable rental housing community blended into the heart of Wrightsboro's commercial area. Furthermore, the project fills a need for a housing type not otherwise available in this area of New Hanover County and a rental community close to both downtown Wilmington as well as the 1 -40/1 -140 corridors. The project offers a larger community benefit in that it can be work force housing for employees at N Kerr Industrial Park, ILM, VA hospital, GE and surrounding and downtown retail /restaurants due to its central location to these businesses. The applicant is requesting a conditional rezoning of the subject site to UMXZ to create a multi - family residential community mixed with commercial use as neighborhood services, office, and restaurants. The residential component of the community will include a variety of housing options with studio /1 bedroom apartments, 2 and 3 bedroom apartments and possibly lofts integrated above the existing and proposed commercial spaces. The project will work with existing businesses to upfit the existing buildings. In some cases, buildings may be in need of replacement to fit with the mixed -use community's architectural style. The proposed community scale mixed -use project will bring work -force housing into an area within walking or short driving distance to necessary neighborhood services such as grocery stores, restaurants, and financial services. Integrated community walking trails and sidewalks will provide multi -modal access to internal and adjacent businesses and neighborhood services. The project will also act as transition from the commercial hub located near the intersection of N. Kerr Avenue and Castle Hayne Road to the single family development located on the land behind the grocery store and surrounding single family neighborhoods. Wrightsboro Commons proposes to keep the existing, permitted uses within the commercial, retail, restaurant, office currently existing on site. The non - conforming uses and associated sites will be retrofitted into UMXZ conforming commercial, retail, office, and /or restaurant uses. In addition to the existing uses, small businesses will be encouraged to be part of the mixed use project. Additional uses welcomed to the site include: veterinarian office(s), showrooms for contractors, builders, designers, all retail trade uses allowed in UMXZ, cellular & PCS Antennas (existing on site now), wholesaling with no outdoor storage, financing, insurance, real estate offices, all services allowed in UMXZ by- right, office for private business & professional activities, motion pictures producing and distribution, single family dwelling —attached, artisan manufacturing. Board of Commissioners - October 21, 2019 ITEM: 19- 8 - 8 Proposed Conditions The plan complies with UMXZ zoning. We propose creating a community with sidewalks that is walkable and allows access to commercial businesses, retail establishments, offices, restaurants, and multi - family residential areas within the project and access in some areas along the edge of the project to pedestrian access to commercial areas immediately adjacent to the project. The applicant is willing to discuss other required or requested conditions as needed. Consideration of a Conditional Zoning District 1. How would the requested change be consistent with the County's policies for growth and development? The proposed mixed -use development falls in line with many policies and ideas outlined in the County's Plan NHC Comprehensive Plan. To begin, the proposed development is located in an area identified as "Medium Intensity Development" land cover and land use is identified as "Services" and "Residential" according to the New Hanover County Comprehensive Plan. The CAMA Land Use identifies the area as "Transition ". In addition, the Future Land Use classification is mixed between community mixed -use and general residential. The County's identified policies promote mixed -use tax base enhancing projects in areas with water and sewer and community services available to support the project. This site is located in a growth node in the County and fits well among the existing uses along Castle Hayne Road and the commercial portion of Riverside Drive. It preserves and enhances the businesses, restaurants, and offices in the front of the + 12.3 acres site with apartments behind the commercial development. The design of this project acts as a transition, as the Comprehensive Plan sets forth for this land. It is a transition to single family residential with medium intensity development providing both services and residential. This project meets all intended land uses and identifications for the location. Furthermore, the County's policies support this type of mixed -use, small project growth throughout the County. In addition, the planned development proposes enhancement to the existing commercial area at Castle Hayne Road near Riverside Drive /N. Kerr Ave. This enhancement will give the area a face -lift and generally clean up and organize traffic flow around existing businesses. In addition, the project will integrate pedestrian friendly routes to get folks from the residential areas to the neighborhood services within and adjacent to the mixed -use development. All of this furthers the County's goals of smaller, targeted growth promoting a mixture of uses featuring residential in close proximity to commercial and neighborhood services. 2. How would the requested Conditional Zoning District be consistent with the property's classification on the Future Land Use Map located within the Comprehensive Plan? The applicant proposes a project consistent with the County's Future Land Use Plan which identifies the area as Community Mixed Use and General Residential. The mixed -use project will provide a combination of community mixed use and attached residential within one site located in the heart of Wrightsboro's commercial corridor. See responses above and below for additional information. 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? Board of Commissioners - October 21, 2019 ITEM: 19- 8 - 9 Wrightsboro has historically seen single family and rural development. However, with the extension of CFPUA water and sewer along Castle Hayne Road, the potential for growth has expanded. Now the intersection of N. Kerr /Riverside Drive at Castle Hayne Road is a key commercial node with neighborhood goods and services serving the community from Downtown Wilmington to Castle Hayne. With access to 1 -140 and 1 -40 within 2 miles of the project site, commutes to jobs and destinations in Brunswick and Pender Counties are easy and quick. The growth and growth potential around this portion of New Hanover County is due to the recent availability of urban services and proximity to multiple locations in New Hanover County now makes this area of the County suitable for a wide variety of development. However, the County's planning documents have identified the site as suitable for the type of project proposed. This is a case where the zoning has remained unchanged in an area now ripe for growth; therefore, we seek a zoning that complies with the County's vision for the area. In recent years, the County and Wrightsboro have experienced growth along the Castle Hayne Road corridor in large part because of the availability of CFPUA's water and sewer. Furthermore, this Wrightsboro area project is located in the heart of the commercial corridor which is in keeping with some of the clustering of neighborhood services, thus fulfilling many objectives set forth in the County's comprehensive and future land use plans. With the added capacity to serve a + 12.30 acre mixed commercial and attached residential project, this project will provide a combination of community mixed use and attached residential within one site located in the heart of Wrightsboro's commercial corridor. The applicant believes this project is compliant with the projected growth goals and policies set forth in guiding planning documents and respectfully requests that the board approve this conditional rezoning. Board of Commissioners - October 21, 2019 ITEM: 19- 8 - 10 Wrightsboro Commons Community Meeting Summary Submittal Date: June 12, 2019 Community Meeting Date: November 29, 2018 Meeting Time: 5:45 -7:45 Meeting Location: La Bella Airosa Meeting Summary Neighbors attended the community meeting in which a site and development plans were presented to the community. The site was put into context of the adjacent Riverside single family and multi - family development. At the time of the meeting, the developer was under contract to purchase a 72 unit entitled multi - family development from the developer of the Riverside neighborhood. This 72 unit development was included with the proposed multi - family development on the TIA release the same day as the community meeting. It was the 72 unit development immediately adjacent to the single family homes in Riverside that drew ire. Since the community meeting, the developer has dropped the contract to purchase the entitled 72 unit multi - family development. The TIA at this time was approved with 360 total apartments. The current proposal of 222 total apartments is far reduced from that approved TIA amount and the amount discussed at the community meeting in November of last year. This will drastically reduce the number of trips the applicant's subject development will generate. At the time of the community meeting, there was much concern over traffic and the needed improvements at the intersection of Riverside Drive /N. Kerr Avenue and Castle Hayne Road. Since the meeting, the Riverside developer has completed required improvements including medians, pavement markings, traffic signal improvements and paving. Other improvements are required in this applicant's TIA, and those will be installed as required in the appropriate phase dictated by the approved TIA. The NCDOT also proposes improvements to Castle Hayne Road in the area around the subject development. This will widen the road to 4 lanes and provide medians and other traffic control measures to raise the level of service of Castle Hayne Road. Stormwater and buffering were additional concerns and a large part of the discussion at the community meeting. The Riverside ponds under development at the time of Hurricane Florence, failed. This caused much concern about new development coming in nearby. The applicant has since re- evaluated stormwater and proposes a large pond between the Riverside property and the subject development. All stormwater will be designed, permitted and maintained in accordance with local, state, and federal requirements. In conclusion, the developer heard the concerns of the neighbors, and has taken a hard look at the plans to alleviate potential trouble spots. We present the plans to the board and the community in good faith that we hear and understand the concerns and want to be good neighbors. Board of Commissioners - October 21, 2019 ITEM: 19- 8 - 11 Community Information Meeting Wrightsboro Commons Thursday, November 29, 2018 Name Address Email (Optional) ly,c iT1,� Pk,, t pq, (e %6t��' c��f neSjerte �c m ol as vr-5* 'Pxq5t# hnu�. _I z r c LL�►•T►� ' ' 't 4A- &,,, Nj j e-ld A -bp C- . -� tY `tY` E- 4 SA Mn-N 4 C CirfgeeWoIfl�Z Le y Project4a nn f cwolfPlobodemar.biz Board of Commissioners - October 21, 2019 ITEM: 19- 8 - 12 �044_ Community Information Meeting Wrightsboro Commons Thursday, November 29, 2018jr 1�s .� Name Address Email (Optional) 7 - C � fus ' IT W! er r m rn c ,-5 / 7 / v e- Board of Commissioners - October 21, 2019 ITEM: 19- 8 - 13 U PARAMOUNTE f..� E N G I N E E R 1 N G 122 Cinema Drive N 04�' "w,,, Wilmington, NC 28403 4 �ss�oti.�'9 June 14, 2019 = a SEAL z r L -4700 19257YE '; vZ �o.: Q. O Wrightsboro Commons 'OH - suR J•.•�, - iCape Fear Township ER , New Hanover County, NC Being all that tract or parcel of land lying in Cape Fear Township, New Hanover County, State of North Carolina being all or portions of lands recorded in deed book 1493, page 1768, deed book 5183, page 277, and deed book 5136, page 1331 in the New Hanover County Register of Deeds, located on the western margin of U.S. 117 N.C. 133 Castle Hayne Road, being a 100' right of way, map book 32, page 259; said parcel being more particularly described as follows: Beginning at an iron pipe found located on the western margin of Castle Hayne Road and the most southeastern corner of Ennis Edmin I Jr Etal, deed book 5136, page 1331, thence South 02 °20'27" East a distance of 274.99' to a PK found; Thence continuing along the western margin of Castle Hayne Road, South 04 °34'47" West a distance of 50.35' to an iron rod set, being South 87 036'57" West a distance of 2.45' away from an iron pipe found; Thence along the northern and western boundary of Filippini Family LTD PTNRP, deed book 4201, page 752, the following two (2) courses South 87 °36'57" West a distance of 267.06' to an iron rod found; South 16 °56'21" West a distance of 123.18' to an iron pipe found; Thence along the western boundary of Espinosa Maradiaga Bessy L, deed book 5989, page 1469, South 17 °02'59" West a distance of 134.98' to an iron pipe found; Thence along the northern boundary of Chadwick Acres, map book 5, page 100, North 86 °33'32" West a distance of 457.88' to an iron pipe found; Thence along the eastern boundary of Clearly Development Inc, deed book 5813, page 201, the following five (5) courses North 19 °57'15" West a distance of 412.30' to an iron pipe found; South 87'21'16" West a distance of 100.48' to an iron rod set; North 08 °14'37" West a distance of 212.87' to an iron rod set; North 81 °45'56" East a distance of 99.59' to an iron rod set; North 81 °47'45" East a distance of 171.99' to an iron pipe found; Phone: (910) 791 -6707 Fax: (910) 791 -6760 Board of Commissioners - October 21, 2019 ITEM: 19- 8 - 14 PARAMOUNTE E N G 1 N E E R I N G, 1 N C. 122 Cinema Drive Wilmington, NC 28403 Thence along the southern boundary of Wrightsboro Plaza, deed book 1592, page 934, North 81 °4533" East a distance of 550.31' to an iron rod set; Thence along the western and southern boundary of said Ennis Edmin I Jr Etal, the following two (2) courses South 02 °29'10" East a distance of 167.47' to an iron rod found; North 87 °27'21" East a distance of 250.06' to an iron pipe found being the point of beginning. Having an area of 534,683 square feet or 12.275 acres more or less. Phone: (910) 791 -6707 Fax: (910) 791 -6760 Board of Commissioners - October 21, 2019 ITEM: 19- 8 - 15 PROPOSED SITE PLAN Board of Commissioners - October 21, 2019 ITEM: 19- 9 - 1 Board of Commissioners - October 21, 2019 ITEM: 19- 9 - 2 Z19 -09 PUBLIC COMMENTS Board of Commissioners - October 21, 2019 ITEM: 19- 10 - 1 A-; BLUE RIDGE C ZI AA F A It., E S The Postve Impact People. Ai,w 3P�:- 'AVC T cj 17r. alorta i4i tr c rr m . on a rc a to �a I �7,4 Re Z� Jt-c �� tn a;t is i -cpczt-ed, o n or r;e tweers. OLx intenbo". 'e' "he required saback, 3r bu-'e— asvi-sE a-- .. to exce - �� I uxl--ze tending ant vt�getation for addAJonal, screer, (ing a<x!F, Our snar-ea propertz,, t-fs agreemenit would c-ecoarrie e*:TeCirvt;. -once Wngtrtsborc, Apart rr.-c r.t,5, xces.sful in is rezorfing eflorts d subsequentiYdoses on the our chase ofth-s PIR ro! by Mc. & m (wAcs; - Ed We 100-k fc—ward to being aggood r1eighbor to you and a contributor to the ove-ra It VV�-J-eht- � — 0 Coxn-rni.,P.Jtv. , -S V 01 if you have questions', pT 'easc caq, vme at 13,6-n, �9-, 9C'. �15 UU gre Compa n Rresiij,, i 7 C 'it Board of Commissioners - October 21, 2019 .4, S S D;l 'IE 135 H, P�,kV f. Ar. -7 :5 r ITEM: 19- 11 - 1 August 1, 2019 Mr. Wayne Clark, AICP Planning and Land Use Director 230 Government Center Drive, Suite 110 Wilmington, NC 28403 Phone: 910- 798 -7164 wclarkgnhc ov.com RE: Proposed rezoning of 2529, 2531, 2525, 2535, 2539, and 2545 Castle Hayne Road (12.31 acres) to UMZ Dear Mr. Clark: I own the property located at 215 Racine Dr Wilmington NC. My understanding is that an application has been submitted to rezone the property referenced above to the County's new Urban Mixed Use Zoning (UMXZ) district. I am writing to voice my support for this rezoning. I believe the development of the property under the new UMXZ district will provide a transitional area from the commercial uses at the intersection of N Kerr and Castle Hayne Road. Also, the requirements under the UMXZ district will provide an area that will be in the public interest and consistent with the County's future land use Plan. In short, I hope that the rezoning will be approved by the Planning Board and the New Hanover County Board of Commissioners. Please feel free to include my letter in the materials to be reviewed in connection with the rezoning, as I would like to voice my support. Please call with any questions at 573- 609 -1466. Very truly yours, vick_ David Saffle Board of Commissioners - October 21, 2019 ITEM: 19- 11 - 2 August 1, 2019 Mr. Wayne Clark, AICP Planning and Land Use Director 230 Government Center Drive, Suite 110 Wilmington, NC 28403 Phone: 910- 798 -7164 wclarkgnhc og v.com RE: Proposed rezoning of 2529, 2531, 2525, 2535, 2539, and 2545 Castle Hayne Road (12.31 acres) to UA1XZ Dear Mr. Clark: I am currently the tenant of the property located at 2601 Castle Hayne Rd and the owner of Jade Garden. My understanding is that an application has been submitted to rezone the property referenced above to the County's new Urban Mixed Use Zoning (UMXZ) district. I am writing to voice my support for this rezoning. I believe the development of the property under the new UMXZ district will be a benefit for the community and help establish a more viable commercial area that is needed for this area. Also, the requirements under the UMXZ district will provide a walkable community to support local businesses. In short, I hope that the rezoning will be approved by the Planning Board and the New Hanover County Board of Commissioners. Please feel free to include my letter in the materials to be reviewed in connection with the rezoning, as I would like to voice my support. Please call with any questions at 910 - 772 -8080. Very truly yours, Jade Garden Board of Commissioners - October 21, 2019 ITEM: 19- 11 - 3 August 1, 2019 Mr. Wayne Clark, AICP Planning and Land Use Director 230 Government Center Drive, Suite 110 Wilmington, NC 28403 Phone: 910- 798 -7164 wclarkgnhc og v.com RE: Proposed rezoning of 2529, 2531, 2525, 2535, 2539, and 2545 Castle Hayne Road (12.31 acres) to UMXZ Dear Mr, Clark: I am currently the tenant of the property located at 2539 Castle Hayne Rd #C and the owner of the Allstate Insurance Office. My understanding is that an application has been submitted to rezone the property referenced above to the County's new Urban Mixed Use Zoning (UMXZ) district. I am writing to voice my support for this rezoning. I believe the development of the property under the new UMXZ- district will be a benefit for the community and help establish a more viable commercial area that is needed for this area. Also, the requirements under the UMXZ district will provide a walkable rental community that will benefit our business and improve the commercial uses in the N Kerr /Castle Hayne corridor. In short, I hope that the rezoning will be approved by the Planning Board and the New Hanover County Board of Commissioners. Please feel free to include my letter in the materials to be reviewed in connection with the rezoning, as I would like to voice my support. Please call with any questions at 910- 620 -3758. V truly you s, Kathy J f, llstate Insurance Board of Commissioners - October 21, 2019 ITEM: 19- 11 - 4 August 1, 2019 Mr. Wayne Clark, AICP Planning and Land Use Director 230 Government Center Drive, Suite 110 Wilmington, NC 28403 Phone: 910- 798 -7164 wciai-k@nhcgov.com RE: Proposed rezoning of 2529, 2531, 2525, 2535, 2539, and 2545 Castle Hayne Road (12.31 acres) to UMXZ Dear Mr. Clark: I currently own the property located at 2545 Castle Hayne Rd. My understanding is that an application has been submitted to rezone the property referenced above to the County's new Urban Mixed Use Zoning (UMXZ) district. _I am writing to voice my support for this rezoning. I believe the development of the property under the new UMXZ district will encourage a walkable community and provide needed workforce housing. It will also establish a more viable commercial and residential area that we feel will be in the public interest. In short, I hope that the rezoniiug will be approved by the Planning Board and the New Hanover County Board of Commissioners. Please feel free to include my letter in the materials to be reviewed in connection with the rezoning, as I would like to voice my support. Please call with any questions at 910 - 619 -3942. Very truly yours, Ed & Nancy C> Y�?4 � K-V-A---s Board of Commissioners - October 21, 2019 ITEM: 19- 11 - 5 August 1, 2019 Mr. Wayne Clark, AICP Planning and Land Use Director 230 Government Center Drive, Suite 110 Wilmington, NC 28403 Phone: 910- 798 -7164 wclarkgnhcgov.com RE: Proposed rezoning of 2529, 2531, 2525, 2535, 2539, and 2545 Castle Hayne Road (12.31 acres) to UMXZ Dear Mr. Clark: I am currently the tenant of the property located at 2539 Castle Hayne Rd and the owner of Southern Sass Hair Studio. My understanding is that an application has been submitted to rezone the property referenced above to the County's new Urban Mixed Use Zoning (UMXZ) district. I am writing to voice my support for this rezoning. I believe the development of the property under the new UMXZ district will be a benefit for the community and help establish a more viable commercial area that is needed for this area. Also, the requirements under the UMXZ district will provide a walkable community and provide workforce housing. In short, I hope that the rezoning will be approved by the Planning Board and the New Hanover County Board of Commissioners. Please feel free to include my letter in the materials to be reviewed in connection with the rezoning, as I would like to voice my support. Please call with any questions at 910- 742 -8181. Very truly yours, ALPAee 1-02- a<<fhe� Board of Commissioners - October 21, 2019 ITEM: 19- 11 - 6 August 1, 2019 Mr. Wayne Clark, AICP Planning and Land Use Director 230 Government Center Drive, Suite 110 Wilmington, NC 28403 Phone: 910-798-7164 wclark gnhc ov.com RE: Proposed rezoning of 2529, 2531, 2525, 2535, 2539, and 2545 Castle Hayne Road (12.31 acres) to 1( MEK-Z Dear Mr. Clark: I am currently the tenant of the property located at 2535 Castle Hayne Rd #D and the owner of the Carolina Girls Grillin Cafe. My understanding is that an application has been submitted to rezone the property referenced above to the County's new Urban Mixed Use Zoning (UMXZ) district. I am writing to voice my support for this rezoning. I believe the development of the property under the new UMXZ district will be a benefit for the community and help establish a more viable commercial and residential area that is fitting for this area. Also, the requirements under the UMXZ district will provide a walkable rental community that will benefit our business and improve the commercial uses in the N Kerr /Castle Hayne corridor. _ In short, I hope that the rezoning will be approved by the Planning Board and the New Hanover County Board of Commissioners. Please feel free to include my letter in the materials to be reviewed in connection with the rezoning, as I would like to voice my support. Please call with any questions at 910 - 352 -5371. Very truly yours, Shannon Reese Carolina Girls Grillin Cafe, Owner Board of Commissioners - October 21, 2019 ITEM: 19- 11 - 7 August 1, 2019 Mr. Wayne Clark, AICP Planning and Land Use Director 230 Government Center Drive, Suite 110 Wilmington, NC 28403 Phone: 910- 798 -7164 wclarkgnhc og_v.com RE: Proposed rezoning of 2529, 2531, 2525, 2535, 2539, and 2545 Castle Hayne Road (12.31 acres) to UMXZ Dear Mr. Clark: I am currently the tenant of the property located at 2535 Castle Hayne Rd and the owner of Little Buffalo Pizza Shop. My understanding is that an application has been submitted to rezone the property referenced above to the County's new Urban Mixed Use Zoning (UMXZ) district. I am writing to voice my support for this rezoning. I believe the development of the property under the new UMXZ district will be a benefit for the community and help establish a more viable commercial area that is needed for this area. Also, the requirements under the UMXZ district will provide a walkable rental community that will benefit our business. In short, I hope that the rezoning will be approved by the Planning Board and the New Hanover County Board of Commissioners. Please feel free to include my letter in the materials to be reviewed in connection with the rezoning, as I would like to voice my support. Please call with any questions at 910 - 762 -0036. Very truly yours, asi Burns, Owner Board of Commissioners - October 21, 2019 ITEM: 19- 11 - 8 August 1, 2019 Mr. Wayne Clark, AICP Planning and Land Use Director 230 Government Center Drive, Suite 110 Wilmington, NC 28403 Phone: 910- 798 -7164 wclark@nhcgov.com RE: Proposed rezoning of 2529, 2531, 2525, 2535, 2539, and 2545 Castle Hayne Road (12.31 acres) to UMXZ Dear Mr. Clark: I am currently own the property located at 3508 N Kerr Ave and I am the owner of Hanover Ace Hardware. My understanding is that an application has been submitted to rezone the properly referenced above to the County's new Urban Mixed Use Zoning (UMXZ) district. I am writing; to voice my support for this rezoning. I believe the development of the property under the new UMXZ district will be a benefit for the community and help establish a more viable commercial area that is needed for this area. Also, the requirements under the UMXZ district will provide an area that I feel will be in the public interest and consistent with the objectives and policies of the County. In short, I hope that the rezoning will be approved by the Planning Board and the New Hanover County Board of Commissioners. Please feel free to include my letter in the materials to be reviewed in connection with the rezoning, as I would like to voice my support. Please call with any questions at 910 - 763 -2004. Board of Commissioners - October 21, 2019 ITEM: 19- 11 - 9 Randall Glazier!►r'~�; =r;; r•� Proposed rezoning of 2529, 2531, 25251 25351 2539, and 2545 Castle Hayne Road (12.31 acres) to UMXZ Aug 1, 2019 at 3.02:06 PM wclark @nhcgov.com paulboney @ls3p.com, dlgirardot@gmail.com, Bolds @beckermorgan.com, jpetroff @cldeng.com, apope. 28405@gmail.com, jrawl @coastalhomeco.com, ted.shipley @liveoakbank.com, PJ Doherty Good Afternoon Wayne, It has been awhile since I have talked to you so I hope this email finds you well. As a resident and owner of property in the Wrightsboro area, I wanted to take a moment and convey my support for the mixed use rezoning request for the project near Kerr Ave and Castle Hayne Rd. As the county continues to develop and become more urban in nature, it is important to recognize and react to the changing requirements for this new environment. There has been considerable development in Wrightsboro already and mixed use developments are important to allow shopping and dinning opportunities within the community. The area around the Kerr Ave /Castle Hayne Rd intersection has, to this point, been mostly commercial development. A mixed use development will be more in keeping with the surrounding area, retaining some of the aesthetic appeal of the existing rural setting and less of the strip shopping center and urban sprawl scenario that currently exists in this area. As can be seen throughout the county, traffic and congestion only increase with continued development. As you are aware, providing Board of Commissioners - October 21, 2019 ITEM: 19- 11 - 10 shopping, dinning and other commercial services within the community opens the possibility of walking or cycling for these routine task versus having to drive everywhere. In closing, I hope the Planning Staff and Planing Board recognize the benefits of including mixed used developments within the community and approve this rezoning request. Best Regards, Randall Glazier 2025 Oakley Rd Castle Hayne, NC 28429 ( 10 540 -7084 Board of Commissioners - October 21, 2019 ITEM: 19- 11 - 11 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 21, 2019 REGULAR DEPARTMENT: Governing Body PRESENTER(S): Chairman Barfield CONTACT(S): Kym Crowell, Clerk to the Board SUBJECT: Committee Appointments BRIEF SUMMARY: Vacancies exist on the following boards and committees: • New Hanover County Commission for Women • New Hanover County Consolidated Human Services Board • New Hanover County Jury Commission • New Hanover County Juvenile Crime Prevention Council • Parks Conservancy of New Hanover County, Inc. Board of Directors STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Make appointments. ATTACHMENTS: New Hanover County Commission for Women New Hanover County Consolidated Human Services Board New Hanover County Jury Commission New Hanover County Juvenile Crime Prevention Council Parks Conservancy of NHC, Inc. Board of Directors COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Make appointments. Board of Commissioners - October 21, 2019 ITEM: 20 COMMISSIONERS' ACTIONS: The following appointments were made. New Hanover County Commission for Women: Kristi Baker and Sheila Evans were appointed to three -year terms. Bhairavi Jeganathan and Natosha Vincent were appointed to two -year terms. Dr. Stephanie (Robinson) Johnson was appointed to a one -year term. New Hanover County Consolidated Human Services Board: Dr. David W. Zub was appointed in the Physician category. New Hanover County Jury Commission: Jennifer Flannery was appointed. New Hanover County Juvenile Crime Prevention Council Macy Killian was appointed in the Under Age 18 category. Parks Conservancy of New Hanover County, Inc. Board of Directors Shane Mellin was appointed to an unexpired term, expiring 6/30/21. Jim Orr was appointed to an unexpired term, expiring 6/30/22. Board of Commissioners - October 21, 2019 ITEM: 20 COMMITTEE APPOINTMENTS NHC Commission for Women Vacancies: 5 Terms: Initial terms will be staggered: 1 vacancy — One year term, expiring 10/31/20 2 vacancies — Two year terms, expiring 10/31/21 2 vacancies — Three year terms, expiring 10/31/22 NOTE: When making appointments, please state if member is to serve a one (1), two (2), or three (3) year term. Applicants Eligible For Reappointment Nominations Kristi Baker Sheila Evans Bhairavi Jeganathan Dr. Stephanie (Robinson) Johnson Emily Morgan Anne Russell Leigh Venters Natosha Vincent Michelle S. Wagers Attachments: Committee Information Sheet Applications Board of Commissioners - October 21, 2019 ITEM: 20- 1 - 1 NEW HANOVER COUNTY COMMISSION FOR WOMEN Number of Members: 11 members 1 YWCA Lower Cape Fear CEO or Designee 5 appointed by County Commissioners; 5 appointed by Wilmington City Council Terms: Each member of the Commission shall be appointed to serve a term of three (3) years, or until a successor is appointed; provided however, that on the initial Commission, three (3) of the members shall serve a term of one (1) year; three (3) of the members shall serve a term of two (2) years; four (4) of the members, including the YWCA Lower Cape Fear CEO, or designee, shall serve a term of three (3) years. Members shall serve no more than two (2) full successive terms, unless there is a break of at least one (1) full term between appointments. Regular Meetings: TBD Statute or cause creating Board: BOCC bylaws adopted August 12, 2019. Brief on the functions: The Commission shall be organized for the purpose of acting as an advocate for women and a resource of information on the status of women in New Hanover County for the New Hanover County Board of Commissioners (Board) and Wilmington City Council (Council): • To identify the status of women and assess the needs of women in New Hanover County (County) and the City of Wilmington (City); • To provide a status of women in New Hanover County report on an annual basis to the Board and Council; • To provide information and recommendations to the Board and Council on the needs and issues important to women as it deems necessary in improving and upholding the opportunities in employment, education and community services for all people, regardless of sex; • To work toward the betterment of the status of women with respect to employment and educational opportunities, health services, child care services, welfare services, financial services, and community leadership opportunities; • To serve as an umbrella to coordinate and support all women's initiatives, organizations, and networks in the County and the City including coordinating and cooperating with the YWCA and other organizations involved in activities on the status of women; and • To conduct educational seminars in collaboration with other organizations for residents and businesses in the County and the City. Board of Commissioners - October 21, 2019 ITEM: 20- 1 - 2 NEW HANOVER COUNTY COMMISSION FOR WOMEN CONT. Board of Commissioners - October 21, 2019 ITEM: 20- 1 - 3 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD YWCA Lower Cape Fear CEO or Designee: 7Ex. icio Membe r: entative of the North Carolina Council for TBD TBD n TBD Staff liaison: Tufanna Bradley- Thomas Assistant County Manager 230 Government Center Dr., Suite 195 Wilmington, NC 28403 Revised 10/2019 910 - 798 -7174 Board of Commissioners - October 21, 2019 ITEM: 20- 1 - 3 10/07/2019 10:27 (FAX )9106673164 P.001/001 NEW HANOVER COUNTY • a r.7t,. 10I :_, 230 Government Center Drive Sidle 176 Wi m ql oa. NC 28003 Telephone (910) 798 -7140 FAX (9111) 798.7148 COMMITTEE APPLICATION Soard/Committee: New H=Qver CouatY Commission for Won= . . . . . . . . . . Name. jKnsti Baker E- Mai /:EKrM-baker@nhrmc.org j Home Address: 2010 little Palm Way, Wilmington, NC 28409 p e Mailing Address if different- (Cgy) (Zip Code) Home Phone: IWA I Fes; 910.667 -3164 Celli. 910598- 7398nes 667 -708D Years living in New Hanover County. 0.4 wale: Female: ✓ Race: Caucaslan Age. 47 prrtbn ombn for the purpose wa-mr t0 a tee- section of the community) Do you have a family member employed by New Hanover County? N yes, name No Employer. 18elty H. Cameron Women's & Children's Hospital A Ratan cwmay employed DY eat agwwy cr depoftow fa► w h apppcoon is made, must resign hag,erP -an w!M /Y-.A novee Covnb upon appoinununn a000rdanoewphA•delav4Sae sddle New ►braverC tnyP&omulPorky Furthermore. eppneentshoddnevenoimmsuTrota/ am1lYmembrempk +yQdtrysuchagurnryor depa�hrronc occupation; Administrator Professional Activities: Board Member, American College of Healthcare Executlyes & AAAP Volunteer Activiti . I am new to Wilmington, but do volunteer at Wrightsville Beach Baptist Why do you wish to serve on this boarftommittoee? 11 would like to see a coordinated effort of education and resources between the hospital and the community to better serve our population. wrm w err ammm n a wwo memasr oenem nprahe nos oormw or peteada! cmmu or Interest an a particular iaeues Met membaanoufd State V* W1erto the omcr InoM s d Nurfier respemve bosKt during s public meeting. The member should state the nature of the cauriG4 d l eft M hdahs has a sc w4b, private, or moncmry hlaros4 NM+ar J/act a lndJrect !n the bits under eenslderagfon The tirsmber should then excuse Mmaelpherse *= YMV *o Me mstrei. What areas of concern would you like to see addressed by iris committee? jimproving access to care for those who lack financial resources, as wall as education about how lifestyles impact health. Qualifrcations for serving: F 0* years of healthcare strategy experience in not- for:profit sector. MY poeltion allows me to Delp shape policy and access resources such as data & providers Other municipal or courtly boards/committees on which you are serving: None RB C, 1IVFD List three local personal references and phone numbers: 11 R. JefiTey Stinson - Director of Women's Health - NHRMC (910)622 -0786 2 lOr. Lydia Wright - Wilmington Maternal -Fetal Medicine (910)332 -3660 3. jJudge Julius H. Corpening - Chlef District Court Judge (910)617 -5130 Da 09/30/2019 Signature �J\ AppllcaLions are kept on fag for 1s months f undersfandth d any board or committee appoinWe may be removed wNtrout cause by a majority of County Commissioner& Please use reverse side /a acrdPoionaJ eontmertts Board of Commissioners - October 21, 2019 ITEM: 20- 1 - 4 Oct 0719, 03:53p Evans 9107692047 p.2 NEW HANOVER COUNTY " "' BOARD OF COMMISSIONERS = 230 Government Center Drive, Suite 175 =i Wilmington, nic 2 COMMITTEE APPLICATION C Telephone (910) 798 -7149 FAX (910) 798 -7145 Soar&Committee: New Hanover County Commission on Women Name: Sheila Evans E -Mail: sheilameyerevans @gmail . com Home Address:818 Bradshaw Terrace Wilmington 28409 (Street) ky ) (Zp Code) Mailing Address if different. (city) (Zp Cade) Home Phone: Fax.. 9107692047 Cell :910 2 335 4 8 0 Business: Years living in New Hanover County: 27 Male: Female: ✓ Race:White Age. 56 (information for the purpose of assuring a cross - section of the community) Do you have a family member employed by New Hanover County? If yes, name Employer Human Capital Solutions A person cwiently employed by the agency or department for which this application is made, must resign hislher position with New Hanover County upon appointment in accordance with Artide V4 Sec. 4 ofrhe New Hanover County Personnel Polky. Furthermore, applkant should have no immediate family member employed by such agency or department OCcupation:Eaecutive Relationship Manager to the CEO Professional Activities: University Community Relations Alliance; NHCS Bond Committee; Susan G. Volunteer Activities ., Host -NHCS The Forum with Sheila Evans Talk Show; Hoggard High School Why do you wish to serve on this boardicommittee? = would love to use my mediation skills to help problem solve women's needs, including young women to support increased independence. Conflke of IMasst. If aboard member believes he/she has a confect or potential conflict of interest on a particular issue, Scat member should state thts belief to the otter members of hivhar respective board during a public meeting. 7be member should state the nature of the conNkt detailing that he/she has a separate, private, or monetary a rest, enter direct or indirect, in the issue under consideration. Trio member should then excuse himset/herself from voting on the matter. What areas of concern would you like to see addressed by this committee? To increase awareness of community resources to further create collaboration to help women realize their potential. QualMcations for serving: I have spent a decade working in District Court, 13 years working with At -Risk Youth, 20+ years as a volunteer in NHCS, facilitated meetings for DSS, Other municipal or county boards/committees on which you are serving: None at this time T-4`.CEl ' = List three local personal references and phone numbers. 0 �. Jan Kennedy 910.367.1404 Bou off, J. Corpening 910.617.5130 3. Wanda Marino 910.471.9001 Date: 10. 7.19 AppTecaffons are kept on file for 19 months Please use reverse side for additional comments Signature n Mh" I V � btt v` o/ I understand thI any board or committee appointee may be removed without cause by a majority of County Commissioners. Board of Commissioners - October 21, 2019 ITEM: 20- 1 - 5 Oct 0719, 03:53p Evans 9107692047 p.3 SHEILA EVANS NEW HANOVER COUNTY COMMISSION ON WOMEN CONTINUED Professional Activities: Komen Inaugural Wilmington Race Committee Volunteer Activities: UNCW Catholic Campus Ministry, Children's Liturgy of the Word — St. Mark Catholic Church Qualifications for serving: facilitated meetings for UNCW, taught parenting classes, facilitated Medicaid Appeal mediations, conducted court mediations, family mediations and work place mediations. I have raised three children here in Wilmington and am an eight- year cancer survivor which adds to my perspective. Board of Commissioners - October 21, 2019 ITEM: 20- 1 - 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 Government Center Drive, Suite 175 ?r { Wilmington, NC 28403 COMMITTEE APPLICATION Telephone (910) 798 -7149 ht`. i 12,11 FAX (910) 798 -7145 Board /Committee: New Hanover County Commission for Women Name: Bhairavi Jeganathan E -Mail: bhairavi.j@gmail.com Home Address: 2153 Fowler St Wilmington 28403 (Street) y ) (Zqo Go de) Mailing Address if different. Home Phone: 443 - 424 -2472 Fax. (City) (Zip Code) CeH:443- 424 -2472 Business: Years living in New Hanover County: 1 Male: Female: ✓ Race: South Asian Age: 37 (Information for the purpose of assuring a cross - section of the community) Do you have a family member employed by New Hanover County? If yes, name N/A Employer Self - Employed A person currently employed by the agency or department for which this application is made, must resign his/her position with New Hanover County upon appointment, in accordance with Article Vl, Sec. 4 of the New Hanover County Personnel Policy. Furthermore, applicant should have no immediate family member employed by such agency or department. Occupation: Information Management Consultant Professional Activities: Mentor for women in IT /Management related jobs VolunteerAcdvities: Son's school; Wilmington Legacy Architectural Salvage; Local Theatre Why do you wish to serve on this board/committee? As a new resident to Wilmington, I'm excited to get involved in, and more importantly, make a meaningful impact within the community Conflict of Interest: If a board member believes he/she has a conflict or potential conflict of interest on a particular issue, that member should state this belief to the other members of his/her respective board during a public meeting. The member should state the nature of the conflict, detailing that he/she has a separate, private, or monetary interest, either director indirect, in the issue under consideration. The member should then excuse himself/herself from voting on the matter. What areas of concern would you like to see addressed by this committee? 1. Equal pay; 2. Safety and Health; 3. Career Development; 4. Youth (female) programs /mentorship focused on STEAM Qualifications for serving: 13+ years as a consultant working with many Fortune 500 companies, I have the adequate skills to engage community members and take initiative leading programs Other municipal or county boards/committees on which you are serving: N/A List three local personal references and phone numbers: 1. Rachel de Faut - (910)520 -1815 Bac OFF. 2 Paige Hales - (919) 771 -6442 3 Pete Buettner - (443) 745 - 6414 (Maryland) External reference as I'm new to town Date: 9/23/2019 Applications are kept on file for 18 months Signature 1 understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. Please use reverse side for additional comments Board of Commissioners - October 21, 2019 ITEM: 20- 1 - 7 NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 Government Center Drive, Suite 175 Wilmington, ac 28403 COMMITTEE APPLICATION , �= Telephone (910) 798 -7149 FAX (910) 798 -7145 f . Board/Committee: NHC Commission for Women Name: StSphanie (Robinson) Johnson, PhD, LPC, LCAS -CSI E.Maii:stephanie.robinson@uncp.edu Home Address -908 Hazel Bill Court Wilmington, NC 28409 e (Zip 0 Mailing Address if different. n/a (CRY) (Zip Code) Home Phone: Fax: Cell: 504- 473 -1082 Business. Years living in New Hanover County: 1.5 Male: Female: ✓ Race: Caucasian Age: 41 (Information for the purpose of assuring a cross - section of the communl7y) Do you have a family member employed by New Hanover County? If yes, name No Employer. UNC Pembroke; Private Practice Mental Health & Addictions Therapist A person currently employed by the agency or department for which this application is made, must resign his/her position with New Hanover County upon appointment, in accordance with Article Vl, Sec. 4 of the New Hanover County Personnel Policy. Furthermore, applicant should have no immediate family member employed by such agency or department. Occupation: Assistant Professor; Mental Health & Addictions Therapist Professional Activities: Assist. Prof for Counseling Dept; Private practice clinician Volunteer Activities. College Road Early Childhood Center PTO Vice President Why do you wish to serve on this board/committee? I wish to utilize my expereince & interest in social justice & advocacy to work toward improving the lives of the women of Wilmington. Conftict of Interest.• M aboard member believes halshe has a conflict or potential coMtict of interest on a particular issue, that member should state this belief to the other members of tusfier respecdive board during a public meeting. The member should state the nature of the conflict detailing that he✓she has a separate, private, or monetary interest, either direct or indirect in the issue under consideration. The member should then excuse himseWherseff from voting on the matter. What areas of concern would you like to see addressed by this committee? of particular interest for me are mental health /addiction issues and poverty issues impacting our community. Qualfcadons for serving: I feel I am qualified to serve based on my education, experience, interests, and years serving on various boards. Other municipal or county boardsfcommittees on which you are serving: None ? a, u13h7' -17 List three local personal references and phone numbers: J 1. Kristin McSweeney 908- 783 -8544 2. Courtney Last 703- 862 -3325 B O C 3. Kendra Harrison 910 - 274 -1992 Date: 9 /20/19 Signature Applications are kept on rile for 18 months I understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. Please use reverse side for additional comments Board of Commissioners - October 21, 2019 ITEM: 20- 1 - 8 10/04/2019 16:31 9189624290 LNIVERSITYCOLLEGE NEW HANOVER COUNTY BOARD OF COMA ISSIONERS 230 GOV&Mnedt 090W Dnl% 51de 175 WAA"qrM NC 2&103 COMMITTEE APPLICATION T*%WW a (810) 788-7149 FAX (9f 0) 798.7146 Board/Consmittse: New Hanover County Commitssion for Roman Nenw Emily Morgan Home gddm;204 S. 15th street Wilmington, 28401 NWfin8 Ad*ws ff dlffomnt: Nome Phone: Fk PAGE 02/02 Y i em.morgen442eguail.con COW 10 -795 -8669 =. I Yews I"W in New HanoW t:OYMy: Male" Fwnsle' ✓ Raaw. Rite Ajw. 26 (bdbrnetkn fir the purPasa aiaasunhy a ayssseedbn of tAs connnunRyj Do you hm a family ma»ba wMloyed by New Hsnovsr County? M yep, name Epopkyw University of HC - Wilmington A Mwo VAWMF1' 6p ft �p�0!' 0► ibr WNW loop, -w i Is 00ft MIN mom hft%wP=ww"0 ioaandppotMYhAr6ditV�9�o sol0loMowHriworCoAroorpnlPolky. J9Md+ anon 4pp�o�nt�haAdhawnohwmMAh�le /lgrn�lyn�rn8�► euabsp�ncya dyps►Aaonl. Occupatfam Project assistant Pf9f=d0nWAs&1fta: MW Staff senate Chair V8/u~Acetv1&& YNG and newly 8tepOp Why do you wish to saw on this z am a connector who creates and uses innovative solutions to bring together groups with similar invested interests. W Arlsnor a bs"amnborbaI I. a bathe ha saoosd &M w ft a?N► Mwnbsn of Mesa "&d * bore dV o Pine ffla ft of ft doNo w ow ftw o Ant o swparsM, PAO* o►mwm wy otiorasR dOw dvd orinOweC hf slo *M wv*r oonolswwk& Tbs mombsr ~Men mom I&w@Wmvoff 11arn volt on to oww. What areas of concern WOW you pke to see addhissed by this commiEtee? Women's health (not limited to reproductive and mental health) and improving womien leadership. Qust#yesdons for sarvkV Haman, mom of three, campus leader, local activist for women' a right: Other RMWG i of county boandshommittees on which you am serving: None at this time. 1 List three And Pwu" mfier mw and phone wunlbw i. Maliass. rriddle 803- 448 -5718 s Z 7xisten Mice 910 -509 -3499 off off. � co=in... se:aoknoi: ass- soo -sssi Dom; 10/04/2019 g s an No as 1 ardrrsfrrw amt 1-0 r wllN wit brs ftww i Pliaaas use rovwwe sW for addWenaf ealrww9w Board of Commissioners - October 21, 2019 ITEM: 20- 1 - 9 NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 Government Center Drive, Suite 175 Wilmington, NC 28403 COMMITTEE APPLICATION Telephone (910) 798 -7149 FAX (910) 798 -7145 Board/Committee: lCommission on Status of Women i Name: Anne Russell -Mail' arussell9 @ec.rr.com Home 1602 Bradley Creek Point Wilmington NC 28403 Mailing Address if different: (City) (zip Code) Home Phone: 910- 256 -3457 Fax., Cell: Business: Years living in New Hanover County: 35 Male: Female: ✓ Race W Age: 81 (information for the purpose of assuring a cross - section of the community) Do you have a family member employed by New Hanover County? If yes, name Employer. A person currently employed by the agency or department for which ttrs application is made, must resign his/her position with New Hanover County upon appointment, in accordance with Amide Vl, Sec. 4 of the New Hanover County Personnel Policy. Furthermore, applicant should have no immediate family member employed by such agency or department. OCCUpatfon:lProfessor UNCW (retired), Author, Licensed Professional Counselor (retired) Professional Activities: Book Author, Playwright VolunteerActivides: NAACP ACt -SO mentor of students Why do you wish to serve on this boardircommittee? I have been an activist on behalf of women for n Conflict of interest: N aboard member believes he/she has a conflict or polental conflict of interest on a particular issue, that member should state this belief to the other members of his/her respective board during a public meeting. The member should state the nature of the conflict detailing that he/she has a separate, prate, or monetary interest, either director indirect, in the issue under consideration. The member should than excuse himselfiherself from voting on the matter. What areas of concern would you like to see addressed by this committee? I human trafficking in New Hano i and self- defense classes for female students in NHC public schools Qua /fcationsfor serving: PhD American Studies, Professor of Women's Studies and Communication] Other municipal or county boards/commidees on which you are serving: I Have served on Consolidation con List three local personal references and phone numbers. 1Dr. Melton McLaurin 910- 392 -0395 1 2. Rhonda Bellamy 910- 343 -0998 3. 'Dr. Anne York 402 - 216 -7750 1 Date; October 4, 2019 -1 Signature / ` Applications are kept on file for IS months I understand that any board or without cause by a majority of Please use reverse side for additional comments Board of Commissioners - October 21, 2019 ITEM: 20- 1 - 10 the appointee may be removed Commissioners. NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 Government Center Drive, Suite 175 Wilmington, NC 28403 COMMITTEE APPLICATION Telephone (910) 798 -7149 FAX (910) 798 -7145 Board /Committee: Name: Home Address 'a � :' +non +,v��,• :. Mailing Address if different: � 4) ��ax (City ) 2 Lalw'-�3'�-337'lBusiness: (Zip Code) Home Ph44? � _ : t � AO. Years living in New Hanover County: r Male: Female:L� Race: i6 Age (Infor ion for the purpose of assuring a cross - section of the community) Do you have a family member employed by New Hanover County? If yes, name C� Employer. A person currently employed by the agency or department for which this application is made, must resign his/her position with New Hanover County upon appointment, in accordance with Article Vl, Sec. 4 of the New Hanover County Personnel Policy. Furthermore, applicant should have no immediate family member employed by such agency or department. Occupation: � /')') (A' �. Professional Activities: &D W l v Y /t� A set _ 1 In (v Vol tearq� t►v►t�es. - F'i� �Il �j I un , I Z=1k_j - hydo youis to serve on his oar comm' ee. 0-P4, rr Conflict of Interest: If a boar member believes he /she has a conflict or potential conflict of interest on a particular issue, that mem r should state this belief to the other members of his/her respective board during a public meeting. The member should state the nature of the conflict, detailing that he /she has a separate, private, or monetary interest, either director indirect, in the issue under consideration. The member should then excuse himself/herself from voting on the matter. What areas of concern would you like to see addressed by this committee? i /Jf Y�C` -k> b �� M�a' u/� CA "emu' s for serving: or List three local personal references '. PaAj / z r numbers: 0 v V Date: CJ Signature C Applications aft kept on file fof 18 months I understand that any b and committee appointee may be removed ofCommissionetrscaicefoea�tla County Commissioners. Please use reverse side for additional comt98g ITEM: Commissioners 1 11 4vma -� e c�,h�l Dr tvurk Cn-(e�! A6 d-onvryi�,� 1LiU�mune'� �i669(n cmo Cb- /. co in�ISYn�'It � s,,Il Lea., ckZ�--.Q_ 6 t,�w� �.p b Eth.r-' 4A 'G.� LlGt/tl LSl%� �I .�GtaA w�s3- le.Pit 1pfls�i`u� -� . S ��n -kid co �, wc� a �Y Board of fyommis��ogers er 2 19 ., NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 Government Center Dube, Suite 175 < ! ningron, nic 2a4o3 COMMITTEE APPLICATION _- Telephone (910) 79 &7149 FAX (910) 798-7145 BOard/COmmittee: New Hanover County Commission for Women Name. Natosha Vincent E -Mall. nitew33 @protonmail . com Home Addrm: 5128 Greenville Loop Road, Apt. C Wilmington, NC 28409 Mailing Address if different. n/a (City) (2+P Code) Home Phone: 910.777.1444 Fax. n/a Cell: 910.777.1444 Business: 765.7458 Years living in New Hanover County. 23 Male: Female. ✓ Race: Fite Age: 41 (information for the purpose of assuring a crass - section of the community) Do you have a family member employed by New Hanover County? K yes, name n/a Employer city of Wilmington A person cwrengy employed by the agency or department for which this application is made, must resign his/her position with New Hanover County upon appoOftent in accordance with Article W. Sec. I of the New Hanover County personnel Policy. Furthermore, applicant should have no Immediate famity member employed by such agency or department. Occupation: Firefighter / Public Information Officer Professional Activities: Eastern Director of NC Assn of Hazardous Materials Responders Volunteer Activities: Habitat for Humanity, W.A.R.M, Coastal Horizons "Duck Derby" Why do you wish to serve on this boaroUcommittee? To become a more vocal and active advocate for the women of New Hanover County t:onflict of interest. If a board member believes he/she has a conflict or potential convict of interest on a particular Issue, that member should state this belief to the other members of hisiber respective board during a public meeting. The member should state the nature of the conAUY, deta ft that he/she has a separate, private. or monetary interest, either direct or indirect in the issue under consideration. The member should then excuse himsel4oherself hrom voting on ft matter, What areas of concern would you like to see addressed by this committee? Leadership Roles for Women, Educational and entrepreneurial opportunities, Womens Health Qualifications for serving' Resident of New Hanover County for over 20 years, Firefighter / Public Information Officer of Wilmington Fire Department,Mother of a 12 year old student - athlete Other municipal or county boards/committees on which you are serving: Eastern Director of North Carolina Association of Hazardous Materials Responders R R ( -- List three local personal references and phone numbers: t 1. C.V. "Buddy" Martinette - (910)443 -4991 2. Tara Gagnon - (910) 262 -6474 C OFF, 3. Linda Thompson - (910)470 -4574 Date. September 18, 2019 Signatul,4 M N101 y 1 App!leations are kept on Tde for 18 months / understan th n ee a in removed without cau y a majority of County Commissioners. Please use reverse side for additional comments Board of Commissioners - October 21, 2019 ITEM: 20- 1 - 13 NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 Government Center Drive, Suite 175 Wilmington, NC 28403 COMMITTEE APPLICATION Telephone (910) 798 -7149 FAX (910) 798 -7145 Board /Committee: A Name: Home Address: Mailing Address if different. Home Phone: Fax. E -Mail: :1 Ar!ree_'w K krarrl'S 7 tm I v (Zip Code) CeII6 - _7 Business N Years living in a010_ 4//. New Hanover County: iD Male: Female:,z Race:�n uCn s,�.� Age; _ In Mdreh O1�/ �! (Information for the purpose of assuring a cross - section of the community) Do you have a family member employed by New Hanover County? If yes, name Employer. A person currently employed by the agency or department for which this application is made, must resign his/her position with New Hanover County upon appointment, in accordance with Article Vl, Sec. 4 of the New Hanover County Personnel Policy. Furthermore, applicant should have no immediate family member employed by such agony or department. Occupation: �Q o hGp lS�t1 hl..�tJY Professional Activities: Volunteer Activities: a Lr� .-:� Why do you wish to serve on this board(committee? T t��'l� /j `5M.ZC_ On JAI s Conflict of IntErest: if a board member believes he/she has a conflict or potential conflict of interest on a particular issue, thatatiember should state this belief to the other members of his/her respective board during a public meeting. The member should state the nature of the conflict, detailing that he/she has a separate, private, or monetary interest, either director indirect, in the issue under consideration. The member should then excuse himself/herself from voting on the matter. What arennas of concern would you like to see addressed by this committee? rrdm rn u c nr�✓ /. S n �«� >l�►f S /'5- a Airl c/ neit.,# e°em.ni & r-, AW zw,� k'm6 u.,7 w i -4w he t,�yrJi'l IsSu -'S Q b4f- ?ualifications fo,r` iz�m�w - 00j-0- rd"yh+ b� tUW'e_ 2 CChMrn♦ 1.'1 !'fit IV, "19C a. ra Other municipal or county W1 JA a n od-c) }- n C-c V on which you are serving: e, I v'k.4+ee iQ001Xk I.-, List three local personal references and phone numbers: / l') td 1. //nnr� �nins�en (%to) •33-�j`7 l -- 2. 3. Date. ��,?,r o�0 /9 Signature z OA Applications are kept on file for 18 months 1 understand that any board or committee appointee may 6e removed Board of CommiaetbK)utEcaikWbiww&bjo -f g)f County Commissioners. Please use reverse side for additional comments ITEM: 20- 1 - 14 4/h r n oh cr o l Aujil LrOh�l.rs IAY � ��ind r a siN9 d0ditj - 4,1kY. c puAl C, sp- eo&r w • f �i Ai r S 8", �d mr,,04TOA4,e ic.�ff opor-JA-e s 04;ld �-,D -sfr c, U d/ {h Board of Commissioners - October 21, 2019 ITEM: 20- 1 - 15 COMMITTEE APPOINTMENT NHC Consolidated Human Services Board Vacancy: 1 — Physician Terms: Unexpired, expiring 7/31/21 Note: Psychiatrist category is being re- advertised as no applications have been received to date. Applicant Category Eligible For Reappointment Nominations Dr. David W. Zub Physician Attachments: Committee Information Sheet Application Board of Commissioners - October 21, 2019 ITEM: 20- 2 - 1 NEW HANOVER COUNTY CONSOLIDATED HUMAN SERVICES BOARD Number of Members: 15, appointed in categories as follows: 1 Licensed Physician 1 Licensed Pharmacist 1 Licensed Dentist 1 Licensed Optometrist 1 Licensed /Registered Nurse 1 Licensed Veterinarian 1 Professional Engineer 4 At- Large /Consumers of Human Services 1 County Commissioner 1 Licensed Psychologist 1 Licensed Social Worker 1 Licensed Psychiatrist Terms: Staggered initially; 4 years thereafter; no member shall serve more than two (2) full consecutive terms. A county commissioner's term shall be consistent with the New Hanover County Board of Commissioners appointing practices and shall serve only as long as the member is a county commissioner per NCGS 153A- 77(c). Compensation: TBD for Chairman $ , other members $ per meeting Regular Meetings: Meetings are held on the third Tuesday of every month at 8:00 a.m. Statute or cause creating Board: NCGS 153A -77; BOCC resolution adopted March 18, 2019 Brief on the functions: The consolidated human services board appointed by the board of county commissioners shall serve as the policy- making, rule- making, and administrative board of the consolidated human services agency. Please refer to NCGS 153A -77(d) for further detail. Board of Commissioners - October 21, 2019 ITEM: 20- 2 - 2 TERM OF OFFICE CURRENT MEMBERS CATEGORY APPOINTMENT EXPIRATION Dr. Virginia W. Adams, Vice -Chair At- Large /Human Srvs. 331 Hidden Valley Road Consum. First 6/17/19 7/31/23 Wilmington, NC 28409 910 - 367 -9920 (C) Chairman Jonathan Barfield, Jr. County Commissioner 230 Government Center Drive, Ste. 175 First 6/17/19 7/31/21 Wilmington, NC 28403 910 - 798 -7307 (NHC Office) Vacancy Psychiatrist Unexpired 7/31/23 Michelle Gunn At- Large /Human Srvs. 4105 Breezewood Drive, Unit 104 Consum. First 6/17/19 7/31/21 Wilmington, NC 28412 910 - 431 -8962 (C) Jody Long Psychologist 429 Ridge Rd. First 6/17/19 7/31/21 Wilmington, NC 28412 336 - 964 -5638 (C) 910 - 623 -0605 (W) Amy McLane Professional Engineer 2309 Princess Place Dr. First 6/17/19 7/31/23 Wilmington, NC 28405 910 - 520 -0019 (C) 763 -5350 (W) Vacancy Physician Unexpired 7/31/21 Board of Commissioners - October 21, 2019 ITEM: 20- 2 - 2 NEW HANOVER COUNTY CONSOLIDATED HUMAN SERVICES (CONT.) Linda "Candy" Robbins Social Worker 4611 Split Rail Drive First 6/17/19 7/31/23 Wilmington, NC 28412 910 - 392 -2200 (H) Frankie Roberts At- Large /Human Srvs. 121 Hargrove Drive Consum. First 6/17/19 7/31/23 Wilmington, NC 28411 910 - 762 -4635 (W) 910 - 262 -1600 (C) Dr. Robert J. Schiffel Dentist 6422 Shinnwood Road First 6/17/19 7/31/21 Wilmington, NC 28409 910 - 392 -5176 (H) Dr. Stephanie D. Smith, Chair Nurse 5225 Clear Run Drive First 6/17/19 7/31/23 Wilmington, NC 28403 910 - 279 -9830 (C) 910 - 962 -4222 (W) Dr. Melody Speck Evans Veterinarian 3101 Wescot Court First 6/17/19 7/31/21 Wilmington, NC 28409 910 - 798 -1436 (H) 910 - 799 -5587 (W) Dr. Kim Thrasher Home Pharmacist 6423 Shinnwood Road Wilmington, NC 28409 First 6/17/19 7/31/23 910 - 452- 2901(H)910- 619- 3755(C) 910-332-9540(W) Dr. LeShonda Wallace At- Large /Human Srvs. 4412 Woodcroft Drive Consum. First 6/17/19 7/31/21 Wilmington, NC 28405 973 - 342 -0979(C) 910 - 662- 9348(W) Edward Weaver, Jr. Optometrist 1535 Magnolia Place First 6/17/19 7/31/23 Wilmington, NC 28403 910 - 612- 9220(C) 910 - 791- 6086(W) Director: Kathy Stoute Assistant County Manager 910 - 798 -7199 Revised: 08/2019 Board of Commissioners - October 21, 2019 ITEM: 20- 2 - 3 NEW HANOVER COUNTY +`r •''\ BOARD OF COMMISSIONERS 230 Govemment Center D*o, Suib 175 Srn WbMbM NC 28403 COMMITTEE APPLICATION Telephone (910) 798 -7149 y r FAX (910) 798.7145 Bo8r&C0mmttlee: Consolidated Human Services Board Name. David William Zub E4Wall. david. sub0amergeortho. c om Home Adde8s: 6811 rinian Dr Wilmington, NC 28609 Mailing address if dfffemnt. (CRY) (ZIP Come) Home phonr 910- 799 -2627 Fax: Cell: 336 -561 -9112 Business: Years 11Wng in Nov Hsnover. County: 10 Nate: ✓ Female: Race: Caucanian Ate: 4_ (Mlormetion for the purpose of aawhp a cross socthn of the comnwnRY) Do you have a family member employed by New Hanover County? if yes, name NO Finploym; Emerge0rth0 A person 800MAIl aaw9 hArWOWSW. 4ofgoN�owHoriowrCountyFrrsonnMPWky. Fu AVwmore. iAok4ntat► aWhamnokmnofishfar�fymwaibsrompkwbyaw :hapauyor dapa►bnsnt Occupation: Physician Professional AadvNes: Treating pain patients in an outpatient setting VolunteerActfWdes:Salvation Army after hurricane rlorence, NCL clean up with my daughter Why do you wish to serve on this b0artl/commlNee? I ' ve seen first hand how tenuous daily life be for some children and families and I see this as another opportunity to help conftlst or tat~ go bound rasnwW beftm hoWa hoe a corset orpoloaW oor § ar kanst on a poftdoNesue. that mw*w shadd stab o* boYNto llw other MWOM of htMW nepoc" board oaft a public mee9 V* msmbsr show sub the nohse of tM 0 c M Mr dw haw* has • sopenla, or mon o*y I I K ~dtroetor l 0 r to tho lssm undvaw=kbIaftL Thu mwnbW shaddthen sxerm hk=#X1 nstfbom vo ft on are maw. What areas of concem would you like to see addressed by this committee? Continued improvement in mental health resources and N&T resources in our county QuaHNcations for swWng: physician for 10 years in the community with many underserved and marginally served patients in my practice Other municipal or county boat ds /aontmittees on which you are serving: None List three local personal references and phone numbers: �. Steve Debiasi CEO Eawrgeortho 910 -520 -2258 George Alsina physician Port City Neurosurgery 910 - 352 -0876 3. Emily Reiniche 910 - 526 -1036 Date: 10/1/19 Signature o AppNcatfons we kept on fue for 18 months l undi rstand that any bo come tee appointee maybe wMhout cause by a m county CommisaJ woo Phase use reverse tNde low' attdttlona! comments Board of Commissioners - October 21, 2019 ITEM: 20- 2 - 4 NAME: ADDRESS: Residence: CURRICULUM VITAE David W. Zub, M.D. 6811 Finian Dr. Wilmington, NC 28409 910 - 799 -2627 Business: Physician Shareholder EmergeOrtho 509 Olde Waterford Way, Ste 103 Leland, NC 28451 910- 755 -7217 Email Address: drdzub @gmail.com EMPLOYMENT: 2013 -2018 Speakers Bureau Depomed Pharmaceuticals Pfizer 2010 - September 2012 Carolinas Pain Institute Director Supply Clinic Supply, NC 2012 -2015 Per Diem Anesthesiologist Novant Brunswick Medical Center Bolivia, NC 28422 Novant Thomasville Medical Center Thomasville, NC 27360 2009 -2010 Per Diem Anesthesiologist Unifour Anesthesia -Davis Hospital Statesville, NC 2011 -2012 Speakers Bureau - Nucynta IR Johnson & Johnson 2006 -2010 Wake Forest University Baptist Medical Center Residency and Fellowship Department of Anesthesiology Winston - Salem, NC Board of Commissioners - October 21, 2019 ITEM: 20- 2 - 5 David W. Zub, M.D. Curriculum Vitae Page 2 2000 -2001 Mid- America Transplant Services Tissue /Ocular Coordinator St. Louis, MO 1998 -2000 American Red Cross Tissue Services Tissue Specialist I Tissue Processing Group -Skin Division Costa Mesa, CA 1996 -1996 American Red Cross Tissue Services Ft. Wayne Indiana EDUCATION: 2009 -2010 The Center for Clinical Research Fellow - Chronic Pain Winston - Salem, NC 2006 -2009 Wake Forest University Baptist Medical Center Residency Department of Anesthesiology Winston - Salem, NC 2005 -2006 Wake Forest University Baptist Medical Center Internship Department of Anesthesiology Winston- Salem, NC 2005 University of Missouri- Columbia School of Medicine Doctorate of Medicine Columbia, MO 1998 Indiana University- Purdue University Fort Wayne BS in Biology Ft. Wayne, IN PROFESSIONAL LICENSURE: North Carolina Medical License # 2008 -00792 DEA License #FZ1348374 Board of Commissioners - October 21, 2019 ITEM: 20- 2 - 6 David W. Zub, M.D. Curriculum Vitae Page 3 HONORS AND AWARDS: 2003 -2004 Student Leadership and Service Award University of Missouri- Columbia School of Medicine 2002. Medical School Student Leadership and Service Award University of Missouri- Columbia School of Medicine 1997 Beta Beta Beta Biological Honor Society Indiana University- Purdue University Fort Wayne 1996 -1997 Richard Seidel Scholar for Department of Arts and Sciences Indiana University - Purdue University Fort Wayne PROFESSIONAL MEMBERSHIPS: 2007 - Present ASRA 2006 - Present ASA 2011 - Present America Academy of Pain Medicine 2010- Present NCMS LECTURES: "Clinical Pathways in the Management of Cervical Pain" EmergeOrtho "A Joint Effort in Orthopaedics" February 18, 2017 UNCW, Wilmington, NC "New Opioid Guidelines in Pain Management" OrthoWilmington "A Joint Effort in Orthopaedics" Meet- ing February 6, 2016 UNCW, Wilmington, NC "Common Interarticular Injections: Indications, Drugs, and Frequency" Pain Society of the Carolinas Annual Meeting October 2011, Charlotte, NC "One Lung Ventilation," Wake Forest University School of Medicine Winston - Salem, NC 27103 Board of Commissioners - October 21, 2019 ITEM: 20- 2 - 7 David W. Zub, M.D. Curriculum Vitae Page 4 "Respiratory Monitoring," Wake Forest University School of Medicine Winston- Salem, NC 27103 "Review of 2003 ASRA Consensus Statement," Wake Forest University School of Medicine Winston - Salem, NC 27103 "Neurocardiac Injury After Acute Subarachnoid Hemor- rhage," Wake Forest University School of Medicine Winston - Salem, NC 27103 "Review of ASA Practice Guidelines for Perioperative Blood Transfusions and Adjuvant Therapies," Wake Forest University School of Medicine Winston - Salem, NC 27103 PUBLICATIONS: JOURNAL ARTICLE Zub D., Berkenbosch J.W., Tobias J.D., Preliminary Experience with Oral Dexmedetomidine for Procedural and Anesthetic Premedication Pediatric Anesthesia. (2005), 15, 932 -938. ABSTRACT Zub D., A 22 -year old male with both Eisenmenger and Cornelia de Lange syndromes scheduled for outpatient comprehensive dental treatment and nasal endoscopy. Presented at Gulf Atlantic Resident Research Conference, New Orleans, LA, March 14, 2007. SUMMARY OF CLINICAL RESEARCH EXPERIENCE: 1 year in the following research studies: Cancer pain Nasal Spray in Break thru Cancer Pain Diabetic Neuropathy (DPN) Neuropathy Pediatric Pain Fibromyalgia Gabapentin Injection for Chronic Intractable Pain Spinal Cord Injury Low Back Pain (LBP) Bone Metatases Pain Post Herpetic Neuralgia Board of Commissioners - October 21, 2019 ITEM: 20- 2 - 8 David W. Zub, M.D. Curriculum Vitae Page 5 SUMMARY OF CLINICAL RESEARCH EXPERIENCE: (Continued) Moderate Acute Soft Tissue Injury Acute Back Spasm Pump Studies Painful Diabetic Neuropathy (PDN) Post - Herpetic Neuralgia (PHN) OA of Knee, Hip, Rheumatoid Arthritis (RA) Opioid- induced Bowel Dysfunction Vertebral Fractures Spinal Cord Stimulation for Low Back and Leg Pain Lumbar Disc Herniation Board of Commissioners - October 21, 2019 ITEM: 20- 2 - 9 COMMITTEE APPOINTMENT NHC Jury Commission Vacancy: Terms: 2 years, expiring 10/31/21 Applicant Eligible For Reappointment Nominations Jennifer Flannery Attachments: Committee Information Sheet Application Board of Commissioners - October 21, 2019 ITEM: 20- 3 - 1 NEW HANOVER COUNTY JURY COMMISSION Number of Members: 3, appointed as follows: 1 appointed by County Commissioners 1 appointed by Senior Resident Superior Court Judge 1 appointed by Clerk of Superior Court Term: 2 years - may be reappointed Compensation: paid by New Hanover County Qualifications: qualified voter of New Hanover County Regular Meetings: every two years in October Statute or cause creating Board: NCGS Art. I, Chapter 9 -1 and 9 -2. Each member must take an oath of office. Brief on functions: To prepare a list of prospective jurors utilizing the tax lists of the County and voter registration records, exercising reasonable care to avoid duplication of names. Revised: 10/17/2017 Board of Commissioners - October 21, 2019 ITEM: 20- 3 - 2 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Charles C. Blanton First 10/19/15 10/31/17 2023 Pender Avenue Second 10/16/17 10/31/19 Wilmington, NC 28403 +A_;ki 910 - 297 -2626 (H /C) 910 - 762 -0850 (W) Scott Cromartie, Superior Court Judge appointee Timothy J. Kelly, Clerk of Court appointee Clerk of Court: Jan Kennedy File: NHC Jury 316 Princess Street B/C #17 Wilmington, NC 28401 Revised: 10/17/2017 Board of Commissioners - October 21, 2019 ITEM: 20- 3 - 2 I►�I�irl:T1�L• L : • � h1 BOARD OF COMMISSIONERS 230 Government Center Drive, Suite 175 Wilmington, NC 28403 Telephone (910) 798 -7149 FAX (910) 798 -7145 COMMITTEE APPLICATION Board/Committee: New Hanover County Jury Commission a Name: Jennifer Flannery E -Mail' jzmismomigmail.com Home Address. 8651 D Stephens Church Rd #305 Wilmington 28411 p Mailing Address if different: Home Phone: Fax: (City) (Zip Code) Cel1:414- 708 -6245 Business: 251 -5404 Years living In New Hanover County: 1 Male: Female: - v( Race: White Age: 45 (Information forthe purpose ofassurings cross - section ofthe communty) Do you have a family member employed by New Hanover County? If yes, name No Employer Wells Insurance A person cumentiy employed by the agency or department for wNch this apdicatlon is nude, must resign Ns,4w position with New Hanover County upon appointment, In accordance with Artide Vl, Sec. 4 of the New Hanover County Personnel Fbhcy. FurMurmore, applicant should have no Immediate family mernberemployed by such agency or depertrnent Occupation: Commercial Lines Account Manager Professional Activities: Member of the Society of Certified Insurance Service Representatives VolunteerActivides: Mentor with Journey to Heal Ministries Why do you wish to serve on this board/committee? I love New Hanover County and I truly want to give back to the community. Conffkt of hd~ p aboard member believes he/she has a coMict or potential carOct of interest on a padadar issue, that member should state this befief to the other members of Maher respective boats during a public meeting. The member should state the nature or the cantlid ddaffing that helshe has a separate, pdvsfe, or monetary interest ~direct orindract in ft issue under consideration. The membershould then excuse himselfAmseff from voting on ft matter. What areas of concem would you like to see addressed by this committee? Unknown at this time Qualifications for serving: I live and work in New Hanover County. I work for Harold W. Wells Insurance and I have a deep respect for county government. Other municipal or county boards/committees on which you are serving: None T-a E , E T V F n List three local personal references and phone numbers: R G r (� f F Crystal Sutherland; author and founder of Journey to Heal Ministries; 916- 231 -1846 2. Erin Chitwood; Personal Lines Manager at James E Moore Insurance; 910 - 612 -5599 3. Cheryl Morlote; Director of Human Resources at Wells Insurance; 910 - 251 -5438 Date: 9/17/2019 re re ApplJcations are kept on file for 18 months !and n 1by bo o com n tee oin may be without se majo rity o Cu o ty Commissioners. Please use reverse side for additional commefrts Board of Commissioners - October 21, 2019 ITEM: 20- 3 - 3 COMMITTEE APPOINTMENT NHC Juvenile Crime Prevention Council Vacancy: 1 — Under Age 18 Terms: 2 years, expiring 9/31/21 Applicant Category Eligible For Reappointment Nominations Macy Killian Under Age 18 Attachments: Committee Information Sheet Application Board of Commissioners - October 21, 2019 ITEM: 20- 4 - 1 NEW HANOVER COUNTY JUVENILE CRIME PREVENTION COUNCIL Members: Limited to no more than 26. 12 appointed by the Commissioners in the following categories: Member of faith community, 2 school students under age 18, juvenile defense attorney, member of business community, parks and recreation representative, 7 at- large, and county commissioner or designee. Agency Representatives: School superintendent or designee, chief of police or designee, local sheriff or designee, chief district judge or designee, district attorney or designee, chief court counselor or designee, AMH /DD /SA director or designee, substance abuse professional, county manager or designee, health director or designee, DSS director or designee, and United Way or other non - profit member. Terms: 2 -year terms (Changed from 3 -year terms to reflect requirements of General Statutes) 9/06 Regular Meetings: Meetings are held seven times a year (3rd Friday at 12:00 p.m.) in Human Resources Training Room B in the New Hanover County Government Center, 230 Government Center Drive, Wilmington, NC. Statute or Cause Creating Task Force: NC General Assembly established JCPC on 12/21/98. Revised membership GS 14313-846. Purpose: The JCPC is to assess, prioritize and identify ways to meet needs of youths who are at -risk of delinquency or who have been adjudicated, undisciplined, or delinquent; identify community risk factors; recommend allocation of state funding for youth programs that address these risk factors; and evaluate the effectiveness of these programs. Board of Commissioners - October 21, 2019 ITEM: 20- 4 - 2 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Business Communitv John Dismukes First 10/16/17 9/30/19 4166 Breezewood Dr. #204 Second 9/16/19 9/30/21 Wilmington, NC 28412 910 - 465 -4250 (H) Faith Community Clifford D. Barnett, Sr. First 10/16/17 9/30/19 4949 Wythe Place Second 9/16/19 9/30/21 Wilmington, NC 28409 910 - 799 -4646 (H) 757 - 537 -2019 (C) Juvenile Defense Attorney First 2/18/19 9/30/21 Emily Jones 138 Pinecliff Dr. Wilmington, NC 28409 910- 231 -3104 (C) 910- 762- 7771(W ) Under Age 18 (2 Students required) Joseph Jarrett Wilmington, NC 28409 First 3/12/18 9/30/20 Board of Commissioners - October 21, 2019 ITEM: 20- 4 - 2 JUVENILE CRIME PREVENTION COUNCIL (CONT.) Board of Commissioners - October 21, 2019 ITEM: 20- 4 - 3 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Vacancy 9/30/21 - Members -at -Large Ryan Casey First 10/1/18 9/30/20 106 Tanbridge Road Wilmington, NC 28405 508 - 369 -7742 (C) 910 - 679 -4093 (W) Martin Green First 10/1/18 9/30/20 146 Stokley Dr. Wilmington, NC 28403 336- 327 -4368 (C) Wanda M. Marino Unexpired 2/18/19 9/30/19 7519 Promontory Court First 9/16/19 9/30/21 Wilmington, NC 28412 910- 471 -9001 (C) Eric Lytle First 9/18/17 9/30/19 400 Bayfield Drive Second 9/16/19 9/30/21 Wilmington, NC 28411 910 - 617 -4015 (C) 910 - 509 -5124 (W) Cary McCormack First 9/19/16 9/30/18 1800 Elease Lane Second 10/1/18 9/30/20 Wilmington, NC 28403 910 - 679 -4582 (H) 732 - 275 -7291 (C) Kelly C. Silivanch First 10/1/18 9/30/20 1205 Beeston Court Wilmington, NC 28411 910 - 617 -8287 (C) 910 -39 -4602 (W) County Commissioners' Designee Kathy Stoute 8/20/12 Undesignated New Hanover County Deputy Manager 230 Government Center Drive, Suite 195 Wilmington, NC 28403 910 - 798 -7184 (W) Board of Commissioners - October 21, 2019 ITEM: 20- 4 - 3 JUVENILE CRIME PREVENTION COUNCIL (CONT.) Board of Commissioners - October 21, 2019 ITEM: 20- 4 - 4 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Agency Representatives: District Attorney's Office: Lillian Salcines- Bright Undesignated DSS: Wanda Marino Health Department: Maria Turnley Judge of District Court: Judge JH Corpening, Chair Juvenile Justice / Courts: Robert Speight NHC Schools: Dr. Rick Holliday Public Defender's Office: Lyana Hunter Sheriff Department: Sgt. E. Granada or Lt. E. Brown Substance Abuse Center: Ryan Estes Trillium Health Resources — Southern Regional Area Board: David Tart United Way: Tommy Taylor Wilmington City Police: Melissa Moore Youth Empowerment Program: Chris Preston NC JJ &DP Consultant: Jesse Riggs File: /JCPC Staff liaison /support: Wendy DuBose Revised: 09/2019 Board of Commissioners - October 21, 2019 ITEM: 20- 4 - 4 From:Nabeli Winslow 910 239 9129 10/07/2019 10:40 #988 P.001 1001 NEW HANOVER COUNTY 4`i�uNty.yr BOARD OF C011NM/ss10NERs 'a 230 GovemnvW Cer*rDriva Sub 173 'rekPb bn, 10 2840 71 COMMITTEE APPLICATION telephone (910) 7ss -71as i FAX (910) 798 -7145 A�e V3 BoardlCommlttee: New Hanover County Juvenile Crime Prevention council Name. Macy Killian Home Wilmington 28409 Mailing Addfass if different: N/A 10W (1Q Cade) Home Phone: N/A Fa N/A Cell: Business: N/A Years living in New Hanover County: 14 Male: 1;ma; Race: White Age.14 (h*M M for the au'Pose of Oww t+ryr a Cross -seChM of the commur*) Do you have a family member employted by Newhanover County? KM name N/A Employes N/A - Juvenile Under 18 Y go apsnCy or dayerbnerK for whiGt #Vs a ion is made. nint -SW P0260n wi* aw Hanover QW-V W n *A- Nnbnen4 in nt wid�Art cN✓ SSec. loltl�eNswllanowrGounyfixsonn� IPbAa] Furtl�smw% sPPYc+ ntshauklhewnoimmedsbl�miymrmbvenvibyedbypichogwwar Occupation: Student Professional Acdvitles: student at Isaac Hear Early College Volunteer AcOvities :New Hanover Regional Medical Ctr (Now), volunteer college Acres &antjAt Why do you wish to serve on this boarftommittee? I am a native Wilaingtonian and would like to serve BY community while working to find ways to reduce juvenile delinquency. tbddetel rsboardmemDvb b.`tlsha�thahas. orpahnbale+orMMctd m. PWft6rinut rWffMrAWsh0&WaLMeafsbawhryeoewr ever M Bye i i urn The mamba► e"N ahlb ow ndwr of tl» oaf d&fi WV &W hNPM has a ssparafR Prtwte. ar monehry oons/d+ lava The Mwnbarshoule Mtn excuse him *xf*f" rGom volov on 0* melftr. "Of awes of concem would you like to an addrewed by tbis committee? Ensure that NHC is aware of currant needs of juveniles to properly identify strategies for Prevention. Qualiflcadonsforserving: I am a current student and juvenile and can provide insight into the juvenile Perspective and share feedback.I also have other experience serving /volunteering Other municipal or county boardsfcommittees on *filch you are serving: None at this time due to my age List three local personal references and phone numbers: 1. Whitney Leonard - General Manager at Century 21 Swayer and Assoc 910.470.7071 2. Pyndi Holding - Vice President First Citizens Bank and Trust 910.792.6672 3. Mark Nabell - Managing Partner Nabell/Winslow 910.239.9130 - i Date: 10/7/2019 S i g n a t u r e t i p D 1 l Z n B O C OFF. Appbcations are kept on Me for 18 months t understand that any boaid7fr cwnnattee a without cause b a 0, �o�ee �y � removed Please use reverse side for additional comments y �►Ib of coup commtsWoners. Board of Commissioners - October 21, 2019 ITEM: 20- 4 - 5 COMMITTEE APPOINTMENTS Parks Conservancy of NHC, Inc. Board of Directors Vacancies: 3 Terms: 1- Unexpired term, expiring 6/30/21 2- Unexpired term, expiring 6/30/22 Note: Please state which term to appoint the applicants. Applicants Eligible For Reappointment Nominations Shane Mellin Jim Orr Attachments: Committee Information Sheet Applications Board of Commissioners - October 21, 2019 ITEM: 20- 5 - 1 PARKS CONSERVANCY OF NEW HANOVER COUNTY, INC. BOARD OF DIRECTORS Members: 13; 12 members appointed by the County Commissioners 1 County Commissioner Representative Term of Office: 3 -year terms Qualifications: County resident 18 years of age or more who has a sincere interest and commitment to the importance of park and recreation services; a willingness to give freely of time and energy to learn about and to carry out responsibilities; the ability to work well with all other Board members; complete open- mindedness and respect for varied points of view and consideration of all Board business; good judgment, intelligence and courage of conviction; a dedicated interest in the Park and Recreation welfare of all citizens of the county; the capability of speaking out and articulating parks and recreation needs; the ability to accept and weather criticism gracefully; the strength to refuse to be intimidated by pressure groups and issues which are not in the best interest of the whole county; a strong feeling for team work between the Director, Board of County Commissioners, and other Advisory Board members and a desire to truly know the community and the recreational needs of all citizens. Regular Meetings: Third Tuesday at 5:30 p.m. in the Parks Conference Room, County Government Center, 230 Government Center Drive, Wilmington, NC Statute or cause creating Board: The New Hanover County Board of Commissioners approved the establishment of the Parks Conservancy on April 16, 2012; first appointments were made May 20, 2013. Purpose: The general purposes of the Parks Conservancy are as follows: 1. To establish an endowment and receive and distribute monies for prospective funding of capital improvements at County parks and to encourage the accumulation and dissemination of knowledge of the history and natural heritage of Southeastern North Carolina. 2. To arrange for such meetings of Conservancy officers or other interested individuals, as may be legally necessary or considered desirable in the furtherance of the aims and purposes of County parks. 3. To encourage and arrange for gifts, grants, bequests, and devises to the Conservancy for its work in the furtherance of the objectives for which it is organized, and to provide for the proper expenditure, use, and conservation of all gifts, grants, bequests, and devises so received. 4. To provide oversight to all internal groups including but not limited to: Volunteers and special event committees. 5. To foster relationships with other related organizations. 6. To serve as ambassadors for the Parks to the community. 7. To participate in and support Parks events and programs. CURRENT MEMBERS TERM OF OFFICE APPOINTMENT EXPIRATION Vacancy Unexpired 6/30/21 Denise Chadurjian 115 Castle St. Wilmington, NC 28401 Unexpired 8/12/19 6/30/22 919- 218 -7470 (C) Board of Commissioners - October 21, 2019 ITEM: 20- 5 - 2 I PARKS CONSERVANCY OF NEW HANOVER COUNTY CONT. Board of Commissioners - October 21, 2019 ITEM: 20- 5 - 3 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Alyson Fleming First 6/17/19 6/30/22 323 S. 4t' St. Wilmington, NC 28401 617 - 913 -9724 (H) Michelle Fogle Unexpired 6/30/21 111 Ann St. Wilmington, NC 28401 910 - 458 -8419 (C) Justin Gibson, Chairman Unexpired 3/20/17 6/30/18 3289 Camden Circle First 6/18/18 6/30/21 Wilmington, NC 28403 910 - 520 -4479 (C) Jessica Gray First 6/18/18 6/30/21 2110'/2 Creecy Ave. Wilmington, NC 28403 910 - 540 -3783 (C) 910 - 833 -5290 (H) Cheryl W. Hannah First 6/18/18 6/30/21 2008 Jumpin Run Dr. Wilmington, NC 28403 919- 815 -0843 (C) Mark J. Ihnat, Vice - Chairman Unexpired 6/30/20 6426 Chalfont Circle Wilmington, NC 28405 910 - 616 -5131 (C) Amy McGlinn Unexpired 12/17/18 6/30/21 145 Darby St. Wilmington, NC 28409 910 - 521 -0576 (C) Spero Pekatos First 6/17/19 6/30/22 7840 Bonfire Dr. Wilmington, NC 28409 910 - 859 -3141 (C) Annalise Sheppard Unexpired 4/15/19 6/30/21 4628 Long Leaf Hills Dr. Wilmington, NC 28409 D 267- 454 -4178 Sarah Snyder Unexpired 6/17/19 6/30/20 228 Spruce Dr. Wilmington, NC 28403 910- 228 -3871 H) County Commissioner Representative Appointed 1/7/19 Undesignated Jonathan Barfield, Jr. 230 Government Center Drive, Suite 175 Wilmington, NC 28403 798 -7306 (NHC Office) Board of Commissioners - October 21, 2019 ITEM: 20- 5 - 3 PARKS CONSERVANCY OF NEW HANOVER COUNTY (CONT.) CURRENT MEMBERS TERM OF OFFICE APPOINTMENT EXPIRATION Tara Duckworth, Director Parks and Gardens Department 230 Government Center Drive, Suite 120 File: /Parks Conservancy Wilmington, NC 28403 Revised: 08/2019 798 -7198 Board of Commissioners - October 21, 2019 ITEM: 20- 5 - 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 Government Center Drive, Suite 175 Wilmington, NC 28403 COMMITTEE APPLICATION 1+ Telephone (910) 798 -7149 FAX (910) 798 -7145 \ l Board /Committee: Parks Conservancy of New Hanover County, Inc. Board of Directors Name: Shane Mellin E- Maii:shane.mellin @yahoo.com Home Address: 1015 Nutt. St Apt 230 Wilmington 28401 (Street) y ) (Zio Go de) Mailing Address if different: (City) (Zip Code) Home Phone: Fax. Cell: 919 -614 -9168 Business: PPD Years living in New Hanover County- 1 Male: ✓ Female: Race: White Age: 31 (Information for the purpose of assuring a cross- section of the community) Do you have a family member employed by New Hanover County? if yes, name Employer. PPD A person currently employed by the agency or department for which this application is made, must resign his/her position with New Hanover County upon appointment, in accordance with Article VI, Sec. 4 of the New Hanover County Personnel Policy. Furthermore, applicant should have no immediate family member employed by such agency or department. Occupation :Finance Manager Professional Activities: Volunteer Activities: Served on the Parks and Rec BOD in the City of Raleigh Why do you wish to serve on this board/committee? I enjoy parks of all types and believe they are vitally important. I learned a great deal in Raleigh about the support they need. Conflict of Interest. If a board member believes he/she has a conflict or potential conflict of interest on a particular issue, that member should state this belief to the other members of his/her respective board during a public meeting. The member should state the nature of the conflict, detailing that he/she has a separate, private, or monetary interest, either director indirect, in the issue under consideration. The member should then excuse himself/herself from voting on the matter. What areas of concern would you like to see addressed by this committee? Continued outreach to get newer residents involved in volunteering time or donating to the parks department. Qualifications for serving: I served on the parks board in Raleigh. I was involved with the volunteer outreach as well as the annual volunteer recognition committee. Other municipal or county boards/committees on which you are serving: n/a xv List three local personal references and phone numbers: 1. Derek Arthur - 703 - 283 -1072 2. Richard Wood - 919 - 931 -0579 3. Roxanne Bowman - 262 - 309 -4866 Date: 29 -Sep -2019 Applications are kept on file for 18 months Signature 114a" -#� I understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. Please use reverse side for additional comments Board of Commissioners - October 21, 2019 ITEM: 20- 5 - 5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS, 230 Government Center Drive, Suite 175 Wilmington, NC 28403 COMMITTEE APPLICATION Telephone (910) 798 -7149 FAX (910) 798 -7145 Board(Committee: jParks Conservancy of New Hanover County Inc. Board of Directors Name: Ijim On E-Mail-. ejorr8175@gmail.com Home Address: 1437 Middle Grove Lane Wilmington 28411 Mailing Address if different: Home Phone: Fax: (City) (Zip Code) Coll :919- 360 -3777 Business: Years living in New Hanover County. 4 months Male: ✓ Female: Race: Caucasion Age: 66 (Information for the purpose of assuring a cross - section of the community) Do you have a family member employed by New Hanover County? If yes, name I No Employer Imeurea A person currently employed by the agency or department for which this application is made, must resign his/her position with New Hanover County upon appointment, in accordance with Artide Vl, Sec. 4 of the New Hanover County Personnel Policy. Furthermore, applicant should have no immediate family member employed by such agency or department Occupation: Parks and Recreation Director Professional Activities: I UNC- Chapel Hill athletic event supervisor Volunteer Activities: recently moved to the area and looking for volunteer opportunities Why do you wish to serve on this board/committee? To give to the community that 1 have relocated to. ITo share over 40 years of experience in the Parks and Recreation field. Conflict of interest K aboard member believes he/she has a conflict or potential conflict of interest on a particular issue, that member should state this belief to the other members of his#w respective board during a public meeting. The member should state the nature of the conflict, detailing that he/she has a separate, private, or monetary interest, either director indirect, in the issue under consideration. The member should then excuse himseKAorself from voting on the matter. What areas of concern would you like to see addressed by this committee? lContinued land preservation and development of a sustainable funding mechanism for capital projects. Qualifications for serving: 40 plus years in the private and public Parks and Recreation field. Held position of Director in Black Mountain, NC and Chapel Hill, NC Other municipal or county boards/committees on which you are serving: I None at this time Isince we have just moved to Wilmington. List three local personal references and phone numbers: 1. ITony Caudle - 910 - 465 -6113 2 John Brunner - 919 -962 -1672 3. ISteve Stewart - 864 -423 -9473 Date: 9/26/2019 I Signature Applications are kept on file for 18 months 1 understand that a and or committee appointee maybe removed without cause by alority of County Commissioners. Please use reverse side for additional comments Board of Commissioners - October 21, 2019 ITEM: 20- 5 - 6