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Agenda 2022 01-10NEW HANOVER COUNTY BOARD OF COMMISSIONERS AGENDA Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301, Wilmington, NC 28401 Julia Olson-Boseman, Chair I Deb Mays, Vice -Chair Jonathan Barfield, Jr., Commissioner I Bill Rivenbark, Commissioner I Rob Zapple, Commissioner Chris Coudriet, County Manager I Wanda Copley, County Attorney I Kym Crowell, Clerk to the Board JANUARY 10, 2022 4:00 PM MEETING CALLED TO ORDER (Chair Julia Olson-Boseman) Invocation (Reverend Dr. Reginald A. Barnes, Sr., Shiloh Missionary Baptist Church) PLEDGE OF ALLEGIANCE (Commissioner Bill Rivenbark) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Approval to Amend the 2022 Schedule of Agenda Review and Regular Board of Commissioners Meetings for January and December 3. Adoption of State Road Resolution 4. Second Reading Adoption of Revisions to County Code 5. First Reading: Approval of Solid Waste Franchise for Avian Carting Corp, LLC 6. Approval of November 2021 Tax Collection Reports 7. Approval of Request to Act as Applicant for Leading I nto New Communities, I nc (LI NC) for a Grant Application ESTI MATED REGULAR AGENDA ITEMS OF BUSINESS MINUTES 10 8. Consideration of Board of Education Budget Amendment (#2) 10 9. Presentation of the Audit Report for the Fiscal Year Ended 6/30/2021 45 10. Public Hearing Text Amendment Request (TA21-04) - Request by Frank Pasquale with KFJ Development Group, LLC to Amend Articles 3 and 4 of the Unified Development Ordinance to Establish a New Zoning District, the Riverfront Urban Mixed -Use Zoning District 15 11. Public Hearing Rezoning Request- (Z21-04M) - Request by RSC Engineering, PLLC, on Behalf of the Property Owner, Cape Fear Habitat for Humanity, Inc., to Modify an Existing (CZD) R-10 Zoning District, Containing Approximately 4.9 Acres of Land, Located in the 3200 Block of Reminisce Road, to Add a Proposed Stormwater Pond 40 12. Quasi -Judicial Hearing Special Use Permit Modification Request (S-611M) — Request by Joe Suleyman, Board of Commissioners - January 10, 2022 Director of Environmental Management, on Behalf of New Hanover County, to Modify an Existing Special Use Permit to Expand a Sanitary Landfill in an 1-2, Heavy Industrial Zoning District, East of US Highway 421 and North of the I- 140 Bypass PUBLIC COMMENTS ON NON -AGENDA ITEMS (limit three minutes) ESTIMATED MINUTES ADDITIONAL AGENDA ITEMS OF BUSINESS 13. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 14. ADJOURN Note: Minutes listed for each item are estimated, and if a preceding item takes less time, the Board will move forward until the agenda is completed. Mission New Hanover County is committed to providing equitable opportunities and exceptional public services through good governance to ensure a safe, healthy, secure and thriving community for all. Vision A vibrant, prosperous, diverse coastal community committed to building a sustainable future for future generations. Core Values Professionalism - Equity- Integrity - Innovation - Stewardship - Accountability Board of Commissioners - January 10, 2022 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/10/2022 Consent DEPARTMENT: Governing Body PRESENTER(S): Kym Crowell, Clerk to the Board CONTACT(S): Kym Crowell SUBJECT: Approval of Minutes BRIEF SUMMARY. Approve minutes from the following meetings: Special Meeting held on November 30, 2021 Regular Meeting held on December 20, 2021 STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - January 10, 2022 ITEM: 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/10/2022 Consent DEPARTMENT: Governing Body PRESENTER(S): Chair Olson-Boseman CONTACT(S): Chair Olson-Boseman SUBJECT: Approval to Amend the 2022 Schedule of Agenda Review and Regular Board of Commissioners Meetings for January and December BRIEF SUMMARY: Attached is a proposed amendment to the 2022 Schedule of Agenda Review and Regular Board of Commissioners Meetings, removing the following meetings: Agenda Review slated for January 20, 2022 at 4:00 p.m. Agenda Review slated for December 15, 2022 at 4:00 p.m. Regular Meeting slated for December 19, 2022 at 9:00 a.m. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the amendment to the 2022 Schedule of Agenda Review and Regular Board of Commissioners Meetings. ATTACHMENTS: Amended 2022 Calendar COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - January 10, 2022 ITEM: 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS 2022 Agenda Review and Regular Meeting Schedules Agenda Review Meeting Dates and Times Location: NHC Government Center Conference Room 601 Regular Meeting Dates and Times Location: NHC Courthouse, 24 North 3rd Street Room 301 Thursday, January 6 4:00 p.m. Monday, January 10 4:00 p.m. Monday, January 24 9:00 a.m. Thursday, February 3 4:00 p.m. Monday, February 7 4:00 p.m. Thursday, February 17 4:00 p.m. Monday, February 21 9:00 a.m. Thursday, March 17 4:00 p.m. Monday, March 21 4:00 p.m. Thursday, March 31 4:00 p.m. Monday, April 4 4:00 p.m. Thursday, April 14 4:00 p.m. Monday, April 18 9:00 a.m. Thursday, April 28 4:00 p.m. Monday, May 2 4:00 p.m. Thursday, May 12 4:00 p.m. Monday, May 16 9:00 a.m. Thursday, June 2 4:00 p.m. Monday, June 6 4:00 p.m. Thursday, June 16 4:00 p.m. Monday, June 20 9:00 a.m. Thursday, July 7 4:00 p.m. Monday, July 11 4:00 p.m. Thursday, July 28 4:00 p.m. Monday, August 1 4:00 p.m. Thursday, August 18 4:00 p.m. Monday, August 22 9:00 a.m. Thursday, September 1 4:00 p.m. Tuesday, September 6 4:00 p.m. Thursday, September 15 4:00 p.m. Monday, September 19 9:00 a.m. Thursday, September 29 4:00 p.m. Monday, October 3 4:00 p.m. Thursday, October 13 4:00 p.m. Monday, October 17 9:00 a.m. Thursday, November 10 4:00 p.m. Monday, November 14 4:00 p.m. Thursday, December 1 4:00 p.m. Monday, December 5 4:00 p.m. Conferences: NACo Legislative Conference, Washington, D.C. February 12 - 16, 2022 NCACC County Assembly Day, Raleigh, NC May 2022 - Exact Date TBD NACo Annual Conference, Adams County/Aurora, CO July 21-24, 2022 NCACC Annual Conference, Cabarrus County (Concord), NC August 11 - 13, 2022 Board of Commissioners - January 10, 2022 ITEM: 2 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/10/2022 Consent DEPARTMENT: Governing PRESENTER(S): Kym Crowell, Clerk to the Board and Rebekah Roth, Planning and Body Land Use Director CONTACT(S): Kym Crowell and Rebekah Roth SUBJECT: Adoption of State Road Resolution BRIEF SUMMARY: NCDOT is considering the addition of Shaw Drive, Blount Drive, Rogers Drive, Hargrove Drive, and Avant Drive within the Weaver Acres subdivision (Division File No: 1292-N) as these roads meet the standards and criteria established by the state and county. NCDOT is requesting that the board adopt a resolution in support of adding these roads to the state system. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt SR-2 resolution. ATTACHMENTS: NCDOT Request Packet (Shaw Drive, Blount Drive, Rogers N\e, Hargrove N\e, and Avant N\e) NHC Locator Map (Shaw Drive, Blount Drive, Rogers Drive, Hargrove Drive, and Avant Drive) SR-2 Resolution (Shaw Drive, Blount Drive, Rogers Drive, Hargrove Drive, and Avant Drive) COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend adoption. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - January 10, 2022 ITEM: 3 <<tii nm STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Roy COOPER J. ERIC BOYETTE GOVERNOR SECRETARY December 8, 2021 Ms. Kym Crowell, Clerk to the Board New Hanover County Board of Commissioners 230 Government Center Drive, Suite 175 Wilmington, NC 28403 Subject: Proposed Road Addition to the State System of Highways. Shaw Drive, Blount Drive, Rogers Drive, Hargrove Drive, and Avant Drive. (Division File No: 1292-N). Dear Ms. Crowell: This office is considering the addition of the following roads: Shaw Drive, Blount Drive, Rogers Drive, Hargrove Drive, and Avant Drive located within the Weaver Woods Subdivision to the state maintenance system. After the Board's consideration please furnish this office with the current county resolution and official road names for our further handling. If I may be of further assistance, please call me at 910-398-9100. Sincerely, Nti,c c tw&e-g- Nick Drees Engineering Specialist Enclosures: Copy of SR-1 Road Petition request form, plat maps and locator map. Mailing Address: Telephone: 910-398-9100 Location: NC DEPARTMENT OF TRANSPORTATION Customer Service: 1-877-368-4968 5501 BARBADOS BLVD. DIVISION OF HIGHWAYS CASTLE HAYNE, NC 28429 5501 BARBADOS BLVD. CASTLE HAYNE, NC 28429 Websss ov Board of Commissioners -January 10, 2022 04-11-03 COURIER ITEM: 3 - 1 - 1 RECEIV I APR p 12021 North Carolina Department of Transportation NC DOT Division of Highways DISTRICT z Petition for Road Addition ROADWAY INFORMATION: (Please Print/Type) County: IHjot, Road Name: �—A 4 CLf-)4 (Please list additional street names and lengths on the back of this form.) Subdivision Name:y V e (L V-p—V— q o' "P -, Length (miles): Number of occupied homes having street frontage: Located (miles): 1 N mi es ❑ S ❑ E ❑ W ❑ of the intersection of Route and Route (Check one) (SR, NC, US) (SR, NC, US) We, the undersigned, being property owners and/or developers of in County, do hereby request the Division of Highways to add the above described road. CONTACT PERSON: Name and Address of First Petitioner, (Please Print/Type) Name: ` rArh Phone Number: Street Address:�� Mailing Address: 'X)�o �\-4 Cl, n-v VJ 1 MIMLOO Re I 5PROPERTY OWNERS Name Mailing Address 1 rF Form SR-1 (3/2006; Rev 112010) Telephone it -zq 7no9 '�cr] a 33L- laQ,�ac;f3 Board of Commissioners - January 10, 2022 ITEM: 3 - 1 - 2 RECEIVED APR 01 2021 INSTRUCTIONS FOR COMPLETING PETITION: NC 1. Complete Information Section 2. Identify Contact Person (This person serves as spokesperson for petitioner(s)). DIST 3. Attach two (2) copies of recorded subdivision plat or property deeds, which refer to candidate road. 4. Adjoining property owners and/or the developer may submit a petition. Subdivision roads with prior NCDOT review and approval only require the developer's signature. 5. If submitted by the developer, encroachment agreements from all utilities located within the right of way shall be submitted with the petition for Road addition. However, construction plans may not be required at this time. 6. Submit to District Engineer's Office. FOR NCDOT USE ONLY: Please check the appropriate block ❑ Rural Road ❑ Subdivision platted prior to October 1, 1975 ❑ Subdivision platted after September 30, 1975 REQUIREMENTS FOR ADDITION If this road meets the requirements necessary for addition, we agree to grant the Department of Transportation a right-of-way of the necessary width to construct the road to the minimum construction standards of the NCDOT. The right-of-way will extend the entire length of the road that is requested to be added to the state maintained system and will include the necessary areas outside of the right -or -way for cut and fill slopes and drainage. Also, we agree to dedicate additional right-of-way at intersections for sight distance and design purposes and execute said right-of-way agreement forms that will be submitted to us by representatives of the NCDOT. The right -of --way shall be cleared at no expense to the NCDOT, which includes the removal of utilities, fences, other obstructions, etc. General Statute 136-102.6 states that any subdivision recorded on or after October 1, 1975, must be built in accordance with NCDOT standards in order to be eligible for addition to the State Road System. Form SR-1 (3/2006: Rev 112010) Board of Commissioners - January 10, 2022 ITEM: 3 - 1 - 3 H avrt hom e at M u erdyv i I I e d, �ste;rin ction -oobie's NY' iiza 111�--wDr P Ir tleovbc" Rd i X61 C ?Coastal Carolina Wildlfe Rehab Eastern Terminus -- lersta. P ark F- - - -, - . 1 7 .: 1 9 Hawthome at Smith Creek 19 I It Shell z i" /10 The Landing Gpi-dar, at Lewis Creek The Townes at Lewis Creek by DR Horton s r Board of Commissioners - January 10, 2022 ITEM: 3 - 1 - 4 ILM Handyman Service 9 Smith (a 04 Creek Park Briarcliff Villas Angel Wings Crafts Bush Parkwood Y"bao, BNJ Collectibles Recreat! on Area '13 AWL Od Bakin'Waves' Krooked Kid's Rooms 19 9C Fm9 0 �116—,Tita qe - Q p c Hawthorne at Smith Creeki? 'S4 Cd Rd inary larch C, 9 4 The Landing at Lewis Creek I'U110CA 1,0 r e Scar r. show f)r u i 4iu 0 Gordo,Rd T1e Townes at Levvi s Gordon Rd El Creek by DR Horton 9 Kingdom Hall of _I''ehovgh ,z %, itnesses... Board of Commissioners - January 10, 2022 ITEM: 3 - 1 - 5 LU r Z3 C"Stle QrO C, !u as 9 Parkwood Recreation ,area GOWDO Por ITEM: 3 - 1 - 6 NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM North Carolina County of New Hanover Road(s) Description: Shaw Drive, Blount Drive, Rogers Drive, Hargrove Drive, and Avant Drive located within the Weaver Acres Subdivision in New Hanover County (Division File No: 1292-N) WHEREAS, a petition has been filed with the Board of County Commissioners of the County of New Hanover requesting that the above described road(s), the location of which has been indicated on a map, be added to the Secondary Road System; and WHEREAS, the Board of County Commissioners is of the opinion that the above described road(s) should be added to the Secondary Road System, if the road(s) meets minimum standards and criteria established by the Division of Highways of the Department of Transportation for the addition of roads to the System. NOW, THEREFORE, be it resolved by the Board of Commissioners of the County of New Hanover that the Division of Highways is hereby requested to review the above described road(s), and to take over the road(s) for maintenance if they meet established standards and criteria. CERTIFICATE The foregoing resolution was duly adopted by the Board of Commissioners of the County of New Hanover at a meeting on the 1 Oth day of January, 2022. WITNESS my hand and official seal this the IOth day of January, 2022. Kymberleigh G. Crowell, Clerk to the Board New Hanover County Board of Commissioners Form SR-2 Please Note: Forward directly to the District Engineer, Division of Highways. Board of Commissioners - January 10, 2022 ITEM: 3 - 3 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/10/2022 Consent DEPARTMENT: County Attorney PRESENTER(S): Ken Sarvis, Chief Deputy Sheriff CONTACT(S): Chief Deputy Sarvis SUBJECT: Second Reading Adoption of Revisions to County Code BRIEF SUMMARY: Per new state legislation, certain types of ordinances may no longer be punished as misdemeanors or infractions, and all other ordinances may be enforced as a misdemeanor or infraction if the county specifies such in an ordinance. The County Code contains sections that might be construed not to specify a penalty "in the ordinance" but instead rely on a catch-all provision that punishes violations as a misdemeanor if another penalty is not specified. Code revisions ensure portions of the County Code will remain enforceable with criminal sanctions. The first reading was approved unanimously on December 20, 2021. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt revisions to the code. ATTACHMENTS: Ordinance Revision COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend adoption. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - January 10, 2022 ITEM: 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS ORDINANCE Amendment to County Code Per N.C. Session Law 2021-138 WHEREAS, North Carolina counties may, by ordinance, define, prohibit, regulate, or abate acts, omissions, or conditions, detrimental to the health, safety, or welfare of its citizens and the peace and dignity of the County and may define and abate nuisances; and WHEREAS, per N.C. Session Law 2021-138 certain ordinances may no longer be enforced as a misdemeanor or infraction or may require that the County so specify such in an ordinance; and WHEREAS, the Code may contain sections that might be constructed to not specify a penalty "in the ordinance." NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of New Hanover County that: 1. The following New Hanover County Code provisions are hereby expressly readopted, ratified, and affirmed to be enforceable with those existing misdemeanor sanctions expressly set forth therein. Should any of the referenced Code provisions not contain an express misdemeanor sanction, a violation thereof shall constitute a Class 3 misdemeanor and shall be fined not more than five hundred dollars ($500.00), except for the operating or parking of vehicles shall constitute an infraction of fifty dollars ($50.00): A. Chapter 5, Animals B. Chapter 8, Aviation C. Chapter 17, Civil Emergencies D. Chapter 23, Environment E. Chapter 32, Health and Sanitation F. Chapter 38, Offenses and Miscellaneous Provisions G. Chapter 41, Parks and Recreation H. Chapter 44, Solid Waste I. Chapter 53, Traffic and Vehicles J. Chapter 59, Waterways 2. All civil sanctions, penalties, and fines remain unaltered, in full force and effect. 3. Those ordinance violations expressly enumerated in G.S. 153A-123 as not enforceable by criminal sanctions are hereby modified to delete any misdemeanor penalty. Page 1 of 2 Board of Commissioners - January 10, 2022 ITEM: 4 - 1 - 1 4. Except as specifically above amended, the New Hanover County Code shall remain unaltered and in full force and effect. ADOPTED this the 10th day of January 2022. New Hanover County Julia Olson-Boseman, Chair ATTEST: Kymberleigh G. Crowell Clerk to the Board Page 2 of 2 Board of Commissioners - January 10, 2022 ITEM: 4 - 1 - 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/10/2022 Consent DEPARTMENT: County PRESENTER(S): Kemp Burpeau, Deputy County Attorney and Joe Suleyman, Attorney Environmental Management Director CONTACT(S): Kemp Burpeau and Joe Suleyman SUBJECT: First Reading: Approval of Solid Waste Franchise for Avian Carting Corp, LLC BRIEF SUMMARY: New Hanover County requires a county issued franchise to collect solid waste. Pursuant to County Ordinance 44.55, the applicant has provided information about his business organization, equipment, personnel and fiscal responsibility. The Environmental Management Director has no objections to the franchise request. The franchise period would run for seven years. Staff has reviewed only for compliance with the County Code. Prospective customers of any hauler must make their own determination as to suitability of provider and services. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Authorize franchise award. This matter will then be placed on the next agenda for the second approval required for final franchise award. Upon award, the company will provide Certificates of Insurance, agree to not bring outside waste into the county and to haul all waste to a county designated facility, if required by law. ATTACHMENTS: Franchise Document COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - January 10, 2022 ITEM: 5 New Hanover County Contract # 22-0443 STATE OF NORTH CAROLINA AWARD OF FRANCHISE AGREEMENT FOR COUNTY OF NEW HANOVER SOLID WASTE SERVICES THIS FRANCHISE AGREEMENT made and entered into this the day of 20 , by and between NEW HANOVER COUNTY, North Carolina, a political subdivision of the State of North Carolina, hereinafter called "County" and AVIAN CARTING, LLC, a North Carolina limited liability corporation, with its principal mailing address is 3513 Bailiwyck Way, Wilmington, NC, 28409, hereinafter called "Operator." WITNESSETH WHEREAS, the County has, through the power granted to it under G.S. 153A-136, adopted an ordinance regulating the collection and disposal of solid wastes and requiring that all waste haulers have a license and a franchise in order to operate in the County, in order to provide the residents and commercial customer of the County with reliable, environmentally sound waste disposal now and in the future; and WHEREAS, Operator has contracted with commercial and/or residential customers located in New Hanover County in order to provide solid waste collection and disposal; and NOW THEREFORE, in consideration of the mutual benefits inuring to the parties hereto and based upon the mutual covenants contained herein and the considerations stated herein, the parties do hereby covenant and agree, and County hereby conveys a non- exclusive franchise to Operator, to collect and dispose of solid wastes to commercial and/or residential customers in the County. The parties therefore agree to the following terms and conditions: 1. Terms of Agreement. The initial term of this Franchise Agreement shall be seven (7) years from the date of signing. The Franchise may automatically renew and extend for a subsequent seven (7) year term, contingent upon County Commissioners approval pursuant to G.S. 153A-46. 2. Scope of Services. For the term of this Franchise Agreement, Operator agrees to provide commercial and/or residential customers with solid waste collection and transportation to County -approved disposal sites. 3. Disposal at County -Approved Facilities. Operator agrees to dispose of all waste collected in the County, as part of this franchise agreement, at County -approved facilities consistent with State law. With regard to County -approved facilities, said approval must be obtained by Operator prior to the disposal at said facilities, and said approval shall be granted or denied entirely at the discretion of the County. The County also has the authority to designate which facilities shall be used. 4. Administration/Billing. All billing of customers shall remain the responsibility of the franchisee. 5. Franchise. It is understood and agreed that all of the terms and conditions of New Hanover County Code Chapter 44, entitled "Solid Waste," pertaining to a franchise Board of Commissioners - January 10, 2022 ITEM: 5 - 1 - 1 New Hanover County Contract # 22-0443 for solid waste collections are incorporated herein by reference and made a part hereof as if fully set forth, including but not limited to insurance requirements. 6. Personnel and Equipment. Operator shall equip and maintain all vehicles with staff and equipment to comply with any applicable regulations and laws. 7. Independent Contractor. It is mutually understood and agreed that Operator is an independent contractor and not an agent of the county, and as such, Operator, its agents and employees shall not be entitled to any County employee benefits, and as such, Operator, its agents and employees shall not be entitled to any County employment benefits, such as, but not limited to, vacation, sick leave, insurance, workers' compensation, or pension or retirement benefits. 8. Indemnity. To the extent permitted by law, Operator shall indemnify and hold the County, its agents and employees, harmless against any and all claims, demands, causes of action, or other liability, including attorneys' fees, on account of personal injuries or death or on account of property damages arising out of or relating to the work to be performed by Operator hereunder, resulting from the negligence of or willful act or omission of Operator, its agents, employees and subcontractors. To the extent permitted by law, the County shall indemnify and hold the Operator, its agents and employees, harmless against any and all claims, demands causes of action, or other liability, including attorneys' fees, on account of personal injuries or death or on account of property damages arising out of or related to the solid waste services operated and administered by the County, and resulting from the negligence of or willful act or omission of the County, its agents, employees, and subcontractors. 9. Business Auto Liability. Operator shall maintain applicable Business Liability and, if necessary, Commercial Umbrella Liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of any auto, including owned, hired, and non -owned autos used in the performance of work or services. 10. Assignment, Contracting_ The parties agree that this agreement is not transferable or assignable by either party without the written consent of the other party to this agreement. Operator shall not subcontract with another entity to perform the services described herein without the approval of the County Manager or his designee. 11. Termination. The franchisee may terminate this franchise upon three hundred sixty-five (365) days written notice, or less notice with the consent of the County. The County may only revoke the franchise for cause as set out in Chapter 44, "Solid Waste," of the New Hanover County Code. This franchise may be modified or revoked by the County in the event that an ordinance is passed by the Board of Commissioners creating an exclusive franchise system for residential solid waste collection in the unincorporated County. 12. Non -Waiver of Rights. It is agreed that County's failure to insist upon the strict performance of any provision of this agreement or to exercise any right based upon Board of Commissioners - January 10, 2022 ITEM: 5 - 1 - 2 New Hanover County Contract # 22-0443 a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any rights under this agreement. 13. Equal Opportunity. In connection with the performance of this agreement, Operator agrees not to discriminate against any employee or applicant for employment because of race, religion, color, sex, age, disability, or national origin. 14. Entire Agreement. This agreement constitutes the entire understanding of the parties with regard to the provision of solid waste collection and disposal. No modification of rescission of this agreement shall be effective unless evidenced by a writing signed by both parties to this agreement. 15. E-Verify Compliance. Operator shall fully comply with the U.S. Department of Homeland Security employee legal status E-Verify requirements for itself and all its subcontractors. Violation of the provision, unless timely cured, shall constitute a breach of contract. IN WITNESS THEREOF, the parties have hereunto set their hands and seals by authority duly given, on the day and year first above written. STATE OF COUNTY AVIAN CARTING, LLC, Member/Manager (SEAL) I, , a Notary Public of the State and County aforesaid, certify that came before me this day and acknowledged that (s)he is Member/Manager of AVIAN CARTING, LLC, a North Carolina limited liability corporation, and that by County duly given and as the act of the corporation, the foregoing instrument was signed and sealed in its name by its Member/Manager. WITNESS my hand and official seal, this day of , 20 Notary Public My Commission Expires [SEAL] New Hanover County digital signature page attached hereto and incorporated herein by reference. Board of Commissioners - January 10, 2022 ITEM: 5 - 1 - 3 �►CARTI NG� Avian Carting Corp. 3614 Whortonsville Road, Merritt, NC Mailing Address: 3513 Bailiwyck Way. Wilmington, NC 28409 910-465-0424 New Hanover County Attn: Deputy County Attorney, Kemp Burpeau 230 Government Center Drive Wilmington, NC 28403 910-798-7121 RE: Franchise Request, Solid Waste Collection Mr. Burpeau, I am writing to request a franchise for solid waste collection in New Hanover County. My wife Morgan and I own and operate Avian Carting, LLC. In addition to running this start up, I am employed with Duke Energy (16 years) in Wilmington as a Journeyman Lineman. I have a BS in Business from Saint Thomas Aquinas College and am halfway through my MBA studies at The Citadel. Initially, we intend to focus our efforts on the roll off dumpster market (10-20yd. containers) targeting the removal of construction and demolition debris. My family owned and operated a disposal company before selling the operation to Republic Services. This is where I gained my initial experience with solid waste collection and equipment as well as environmental regulations. I have included a notarized statement from my CPA for your review. Please contact with me with any questions. I appreciate your time and consideration. Very Respectfully, Cal')LOIL- Christopher A. D'Eiia Principal, AVIAN CARTING CORP. Board of Commissioners - January 10,,2022 _ ITEM: 5 - 1 - 4 '4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/10/2022 Consent DEPARTMENT: Tax PRESENTER(S): Trina Lewis, Collections Supervisor CONTACT(S): Trina Lewis SUBJECT: Approval of November 2021 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 November 2021 are ahead of overall collections for November 2020. The report for November 2020 in comparison to November 2021 is as follows: New Hanover County November 2021 November 2020 Real Property 56.43% 54.17% Personal Property 25.34% 16.47% Motor Vehicle 100.00% 100.00% Overall Collection Rate 55.56% 52.33% Total Collected YTD $112,312,481.79 $89,048,348.39 New Hanover County Debt Service November 2021 November 2020 Real Property 56.17% 53.86% Personal Property 25.29% 16.45% Motor Vehicle 100.00% 100.00% Overall Collection Rate 55.51/0 52.07% Total Collected YTD $11,664,990.57 $11,685,179.99 Grand Total Collected YTD $123,977,472.36 $100,733,528.38 New Hanover County Fire District November 2021 November 2020 Real Property 63.49% 61.09% Personal Property 25.21% 14.02% Motor Vehicle 100.00% 100.00% Overall Collection Rate 61.77% 57.93% Total Collected YTD $7,959,335.45 $6,063,751.04 STRATEGIC PLAN ALIGNMENT: Board of Commissioners - January 10, 2022 ITEM: 6 e Good Governance o Strong Financial Performance ■ Proactively manage the county budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the reports. ATTACHMENTS: New Hanoeer County Monthly Collection Reports for No\,ember2021 New Hanoeer County Debt Semite Monthly Collection Report for No\,ember 2021 New Hanoeer County Fire District Monthly Collection Report for No\,ember 2021 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - January 10, 2022 ITEM: 6 New Hanover County Monthly Collection Report for November 2021 Current Year 2021-2022 Scroll/Billed Abatements Adjustments Real Estate Personal Property Motor Vehicles Combined $ 185,020,778.92 $ (1,521,554.70) $ 51,993.47 $ 13,244,098.42 $ (117,352.15) $ 8,478.22 $ 5,353,755.57 $ $ $ 203,618,632.91 (1,638,906.85) 60,471.69 Total Taxes Charged Collections to Date *Refunds Write-off $ $ $ $ 183,551,217.69 103,849,766.50 271,638.19 (10.46) $ $ $ $ 13,135,224.49 3,335,686.97 6,655.34 (17.21) $ $ 5,353,755.57 5,353,755.57 $ $ $ $ 202,040,197.75 112,539,209.04 278,293.53 (27.67) Outstanding Balance $ 79,973,099.84 $ 9,806,210.07 $ - $ 89,779,254.57 Collection Percentage 56.43 25.34 100.00 55.56 YTD Interest Collected $ 4,284.00 $ 39.27 $ 47,243.01 $ 51,566.28 Total 2021-2022 Collections YTD 112,312,481.79 Prior Years 2011-2020 Real Estate Personal Property Motor Vehicles Combined Scroll $ 1,547,707.81 $ 4,930,703.69 $ 324,971.15 $ 6,803,382.65 Abatements $ (2,014.80) $ (135,686.42) $ - $ (137,701.22) Adjustments $ - $ 6.71 $ - $ 6.71 Total Levy $ 1,545,693.01 $ 4,795,023.98 $ 324,971.15 $ 6,665,688.14 Collections to Date $ 312,448.62 $ 82,947.25 $ 574.78 $ 395,970.65 *Refunds $ 17,628.09 $ 6,761.68 $ 19.34 $ 24,409.11 Write-off $ 21.88 $ 8.50 $ - $ 30.38 Outstanding Balance $ 1,250,850.60 $ 4,718,829.91 $ 324,415.71 $ 6,294,156.98 YTD Interest Collected $ 53,701.01 $ 14,350.60 $ 904.98 $ 68,956.59 Total Prior Year Collections YTD 440,518.13 Grand Total All Collections YTD $ 112,752,999.92 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - January 10, 2022 ITEM: 6 - 1 - 1 New Hanover County Debt Service Monthly Collection Report for November 2021 Current Year 2021-2022 Real Estate Personal Property Motor Vehicles Combined Scroll/Billed $ 19,173,721.15 $ 1,376,266.58 $ 635,702.94 $ 21,185,690.67 Abatements $ (157,670.21) $ (12,136.82) $ - $ (169,807.03) Adjustments $ 5,387.78 $ 878.52 $ - $ 6,266.30 Total Taxes Charged $ 19,021,438.72 $ 1,365,008.28 $ 635,702.94 $ 21,022,149.94 Collections to Date $ 10,688,146.98 $ 345,310.79 $ 635,702.94 $ 11,669,160.71 *Refunds $ 4,060.77 $ 109.37 $ 4,170.14 Write-off $ 3.16 $ 1.70 $ 4.86 Outstanding Balance $ 8,337,349.35 $ 1,019,805.16 $ - $ 9,352,994.09 Collection Percentage 56.17 25.29 100.00 55.51 YTD Interest Collected $ 569.87 $ - $ 6,035.48 Total 2021-2022 Collections YTD $ 11,664,990.57 Prior Years 2011-2020 Real Estate Personal Property Motor Vehicles Combined Scroll $ 163,392.17 $ 366,992.88 $ $ 530,385.05 Abatements $ (27.18) $ (13,174.12) $ (13,201.30) Adjustments $ 0.88 $ 0.88 Total Levy $ 163,364.99 $ 353,819.64 $ $ 517,184.63 Collections to Date $ 36,076.20 $ 9,520.62 $ $ 45,596.82 *Refunds $ 27.18 $ 501.65 $ $ 528.83 Write-off $ 3.85 $ 1.96 $ $ 5.81 Outstanding Balance $ 127,312.12 $ 344,798.71 $ $ 472,122.45 YTD Interest Collected $ 4,654.69 $ 1,130.57 $ $ 5,785.26 Total Prior Year Collections YTD *Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date $ 50,853.25 Board of Commissioners - January 10, 2022 ITEM: 6 - 2 - 1 New Hanover County Fire District Monthly Collection Report for November 2021 Current Year 2021-2022 Scroll/Billed Abatements Adjustments Real Estate Personal Property Motor Vehicles Combined $ 11,530,062.32 $ (54,830.57) $ 7,237.37 $ 986,670.81 $ (10,160.32) $ 433.18 $ 419,097.46 $ $ $ 12,935,830.59 (64,990.89) 7,670.55 Total Taxes Charged Collections to Date *Refunds Write-off $ $ $ $ 11,482,469.12 7,291,648.36 1,857.88 2.16 $ $ $ $ 976,943.67 246,379.10 139.76 0.93 $ $ 419,097.46 419,097.46 $ $ $ $ 12,878,510.25 7,957,124.92 1,997.64 3.09 Outstanding Balance $ 4,192,676.48 $ 730,703.40 $ - $ 4,923,386.06 Collection Percentage 63.49 25.21 100.00 61.77 YTD Interest Collected $ 682.62 $ - $ 3,525.55 $ 4,208.17 Total 2021-2022 Collections YTD 7,959,335.45 Prior Years 2011-2020 Real Estate Personal Property Motor Vehicles Combined Scroll $ 95,281.63 $ 259,708.63 $ 19,675.71 $ 374,665.97 Abatements $ (279.86) $ - $ - $ (279.86) Adjustments $ - $ 129.43 $ - $ 129.43 Total Levy $ 95,001.77 $ 259,838.06 $ 19,675.71 $ 374,515.54 Collections to Date $ 17,598.99 $ 12,760.27 $ 45.14 $ 30,404.40 *Refunds $ 31.61 $ 506.80 $ - $ 538.41 Write-off $ 1.99 $ 1.03 $ - $ 3.02 Outstanding Balance $ 77,432.40 $ 247,583.56 $ 19,630.57 $ 344,652.57 YTD Interest Collected $ 3,553.40 $ 893.92 $ 48.39 $ 4,495.71 Total Prior Year Collections YTD 34,900.11 Grand Total All Collections YTD $ 7,994,235.56 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - January 10, 2022 ITEM: 6 - 3 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/10/2022 Consent DEPARTMENT: Finance PRESENTER(S): Lisa Wurtzbacher, Chief Financial Officer and Frankie Roberts, LINC Executive Director CONTACT(S): Lisa Wurtzbacher, Chief Financial Officer SUBJECT: Approval of Request to Act as Applicant for Leading Into New Communities, Inc (LINC) fora Grant Application BRIEF SUMMARY: LINC (Leading Into New Communities, Inc.) requests that New Hanover County serve as the applicant agency for a grant opportunity through the NC Governor's Crime Commission. LINC will act as the implementing agency and will apply for a two-year grant requesting $200,000 per year for a total application of $400,000. There is no match requirement. The purpose of the non-residential reentry grant is to provide comprehensive case management and direct services to justice -involved individuals returning to the community by focusing on employment, transportation, higher education, resolution of legal obligations and peer mentoring. New Hanover County last served as an applicant agency for LI NC in FY 2018. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve LI NC's request to apply for a $400,000 two-year grant with New Hanover County acting as the applicant agency. ATTACHMENTS: LINC Letter of Request COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - January 10, 2022 ITEM: 7 6INC ��m so LEADING INTO NEW COMMUNITIES Frankie Roberts, Executive Director BOARD MEMBERS Ashley Wells, Ph.D., MPH Chair, UNCW Asst. Dean for Community Engagement and Impact Tracy W. Wilkinson, Vice Chair, Attorney at Law NHC Public Defender's office Michael Maume, Ph.D., Secretary, Dept. Chair UNCW Sociology & Criminology. Evelyn Bryant, Treasure, Legal Assist. Andrew Waters Law Firm Kimberly Cook, Ph.D., MA UNCW Professor Dept Sociology and Criminology Kristin Bolton, Ph.D., MSW, UNCW Assoc. Professor, MSW Coor Jean -Anne Sutherland, Ph.D., UNCW Sociology & Criminology LO s mission is to educate and mativare youth to meake pasWve Yip ch[aires and to empower Alen Matthew Langley, Assisted Care, Inc. Ond L ornert returning from inca'PC£.ration to .1be productive members Hof our community_ Katy L Parker, Attorney at Law December 13, 2021 Teresa Hewitt, Grants & Project Analyst 230 Government Center Drive Wilmington, North Carolina 28403 Teresa, On behalf of Leading Into New Communities, Inc (LINC), I would like to request that the New Hanover County Board of Commissioners give consideration to New Hanover County acting as the applicant for a two-year grant from North Carolina Governor's Crime Commission for non-residential reentry. LINC will serve as the implementing organization. The approximate amount of the grant request is $200,000 per year and there is no match requirement. The purpose of this project is to provide comprehensive case management and direct services to justice -involved individuals returning to the community by focusing on employment, transportation, higher education, resolution of legal obligations, and peer mentoring. LINC, Inc. has the vision of creating a successful reentry into society of previously incarcerated persons through advocacy for policy change and individual rights and the provision of direct services through a strong, focused collaboration of organizations to develop knowledge, understanding, and resources regarding re-entry. Priority outcomes are for clients to achieve sustained employment and are drug -free and crime -free, not returning to prison or jail. INFORMATION ABOUT FIRE STATION AND YOUTH. NC Governors Crime Commission funding will be utilized to fund those activities in order to achieve the goal of decreasing County recidivism, decreasing substance abuse, and acquiring employment for clients so they can become more self-reliant. Thank you in advance for your consideration of our request. Regards, Frankie Roberts, Executive Director LINC Inc. PO Box 401 • Wilmington, NC 28402 • Phone (910)332-1132 • Fax (910)332-1145 • www.lincnc.org 501(c) 3 nonprofit organization All donations are tax deductible & greatly appreciated Board of Commissioners - January 10, 2022 ITEM: 7 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/10/2022 Regular DEPARTMENT: Budget PRESENTER(S): Leanne Lawrence, Facility Planning & Construction Director, NHCS CONTACT(S): Lisa Wurtzbacher, Chief Financial Officer SUBJECT: Consideration of Board of Education Budget Amendment (#2) BRIEF SUMMARY: The Board of Education requests approval for a budget amendment to carryover outstanding project balances from FY21, make Budget Resolution corrections for revenue allocation descriptions, and for the following: - Transfer remaining desktop replacement projects to laptops based on new technology plan. - Transfer project savings of $250,498 to establish budget for Mobile Unit Relocation. - Increase budget for Brogden Hall floor repairs by $1,459,683, by transferring project savings of $259,683 and deferring the projects listed below totaling $1,200,000: Codington Site Repair Project - $570,000 NHHS George West Roof - $545,000 Laney Band Room HVAC - $85,000 This item was placed on the Board of Commissioners' agenda on December 20, 2021. The item was continued to the January 10, 2022 agenda. At the NHCS BOE meeting on January 4, 2022, NHCS staff discussed their intention to bring a BA to their next meeting to fund two of the deferred projects with ESSER funds and one of the deferred projects with an additional capital outlay transfer. The NHHS George West Roof and Laney Band Room HVAC will be eligible for ESSER Funding, and savings in a county funded technology project for classroom devices will be transferred for Codington Site Improvements. The technology savings is available due the actual cost of classroom projector devices being less than projected. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve NHC Board of Education budget amendment. ATTACHMENTS: NHCS - Amendment 2 Board of Commissioners - January 10, 2022 ITEM: 8 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - January 10, 2022 ITEM: 8 12/30/21, 2:43 PM Print Item New Hanover County Schools November Regular Board Meeting 11/09/202105:00 PM BOE Center Printed :12/30/20212:43 PM ET 1805 S.13th Street ITEM: XI.D. Capital Outlay Budget Amendment and Transfers (5 mins.) Subject Budget Amendments and Transfers Department and/or Board Staff Liaison Finance Division - Mary Hazel M. Small, CFO Main Points The attached Capital Outlay fund amendment includes carryover of outstanding project balances from the prior fiscal year totaling $11,391,285. The amendment also reflects a correction of the revenue allocation on the Budget Resolution, which erroneously listed County Revenue of $3,696,001 as Fund Balance Appropriation and State Lottery Revenue of $2,327,501 as Other Revenue. Request project transfers as follows: 1. Transfer remaining desktop replacement projects to laptops based on new technology plan. 2. Transfer project savings of $250,498 to establish budget for Mobile Unit Relocation. 3. Increase budget for Brogden Hall floor repairs by $1,459,683, by transferring project savings of $259,683 and deferring the projects listed below totaling $1,200,000: • Codington Site Repair Project - $570,000 • NHHS George West Roof- $545,000 • Laney Band Room HVAC - $85,000 Supporting Documents CO#1 11.9.21 Fiscal Implications Increase the current year Capital Outlay Budget by $11,391,285 for a total of $18,152,487. Recommendation Recommend approval of the attached Capital Outlay Budget Amendment and Transfers. https://simbli.eboardsolutions.com/Meetings/Printltem.aspx?S=36030934&MID=9889&IID=5178319&AB=true&RC=true&Con=true&t=i 111 Board of Commissioners - January 10, 2022 ITEM: 8 - 1 - 1 Capital Outlay November 9, 2021 Cumulative Budget Summary: Beginning Budget Carryover Transfers Revised Budget Purpose/Function: Instructional services: Regular Instruction $ 200,000 $ 76,383 $ $ 276,383 Special Populations - - Alternative Programs - - School Leadership - 5,693 - 5,693 Co -Curricular - - - School -Based Support - - - - subtotal $ 200,000 $ 82,076 $ - $ 282,076 System -wide support services: Support and Development $ - $ - $ - $ - Special Population Support and Development - - - - Alternative Program Support and Development - - - - Technology Support 1,574,500 1,452,384 - 3,026,884 Operational Support 177,600 780,219 - 957,819 Financial and Human Resources - - - - Accountability - - - System -Wide Pupil Support - - - Policy, Leadership and Public Relations - - - - subtotal $ 1,752,100 $ 2,232,603 $ $ 3,984,703 Ancillary: Community Services $ - $ - $ - $ - Nutrition Services - - subtotal $ - $ - $ $ - Capital Outlay: Capital Outlay $ 4,809,102 $ 9,076,606 $ 13,885,708 Non -programmed charges: Payments to Other Governments $ - $ - $ - $ - Unbudgeted & Indirect Cost - - Transfer to Other Funds - - - Scholarships - - - subtotal $ - $ - $ $ - Total Appropriation $ 6,761,202 $ 11,391,285 $ - $ 18,152,487 Revenue Source: Federal Sources $ $ - Food Sales - - Fund Balance Appropriation 4,433,701 1,038,083 (3,696,001) 1,775,783 New Hanover County - 7,763,649 3,696,001 11,459,650 Other Revenues 2,327,501 (2,327,501) - State Sources 2,589,553 2,327,501 4,917,054 Transfer from Other Funds - Total Revenue $ 6,761,202 $ 11,391,285 $ - $ 18,152,487 Explanation: The attached Capital Outlay fund amendment includes carryover of outstanding project balances from the prior fiscal year totaling $11,391,285. The amendment also reflects a correction of the revenue allocation on the Budget Resolution, which erroneously listed County Revenue of $3,696,001 as Fund Balance Appropriation and State Lottery Revenue of $2,327,501 as Other Revenue, along with project transfers to cover cost of Brogden Hall Floor repairs and Mobile Unit relocation, along with transfers to align technology project dollars with new plan. Board of Commissioners - January 10, 2022 ITEM: 8 - 1 - 2 Capital Outlay Project Summary Proiect Budget summary by Fundina Source and Proiect #: I Current Year Canital Outlav Budget Pro ect# Purpose Program Project Descri Lion Project Budget as of 6/30121 Expenditures Through 61300 Carryover to FY 22 New Per Budget Resolution Transfers FY 22 Project Budget Total Project Budget 90001 90000 0900 Northeast ES $15,818,299 $15,817.369 $930 $930 $15.818,299 90002 90000 0900 College Park ES R Imt $15,834,848 $15,834,848 $0 $0 $15,834,848 90003 90000 0900 Blair ES R Imt $17,453,664 $17,453,664 $0 $0 $17,453„664 90004 90000 0900 1'tan HS Addns & Renovns $13,056,886 $13,D56,8869S$410,520 $0 $13,056 886 90005 90000 0900 'Ho and HS Addns & Renovns $16,736,979 $16,736.979 $0 $16,736,979 90006 90000 0900 New Hanover HS Renovns $5,578,996 $5.578,996 $0 $5,578,996 90007 90000 0900 Roland Grise MS Renovns $11,829,885 $11,684,993 $ 40 $144,852 $11,829,945 90008 90000 0900 Noble MS Renovns $7,652,873 $7.331,900 $ (155,500) $165,473 $7,497,373 90009 90000 0900 Trask MS Renovns $9,890,215 $9,479,694 $410,520 $9,890,215 90010 90000 0900 Myrde Grove MS Renovns $9,741,890 $9.695,447 $46,443 $46,443 $9.741,890 90011 90000 0900 Wrightsville Beach ES Addns & Renovns $9,637,682 $9,269,494 $368,188 $368,188 $9,637,682 90041 90000 090D Program Management $2,062,681 $1,616,872 $445,809 $445 809 $2,062,681 9D042 90000 090D Contingency $1,190,679 $285,006 $905,674 $905,674 $1,190,679 90047 90000 0900 Modular Unit Moves (Veterans Parkl' $302,083 $302,083 $0 _ $0 $302,083 90047 90000 0817 Modular Unit Moves (Veterans Park" $30,000 $21,888 $8,112 $ 8,112 ($0 $21,888 90047 Modular Move Subtotal $332,083 $323,971 $8,112 $0 $ 8,112 40 $323.971 90048 90000 _ 0076 Bro den Hall G m Floor $ 570,000 $570, 000 $570, 000 90048 90000 0900 Bro denHallGym Floor $200,000 $70,431 $129,569 $ 155,539 $285,108 $355,539 90048 90000 0816 Broguen Hall Gym Floor $ 633 632 $633, 632 $633, 632 90048 90000 0817 Bro den Hall Gym Floor $ 8,112 $8,112 $8,112 90048 90000 0818 Bro den Hall Gym Floor $ 92 400 $92,400 $92,400 90048 Bro den Hall Gym Floor $200,000 $70,431 $129,569 $0 $ 1,459,683 $1,589,252 $1 659,683 90049 90000 0900 Rivedi hts(Desi n) $275,305 $0 $275,305 $275,305 $275,305 90050 90000 0900 Pine Valley ES lRpImt{Desi n $279,663 $0 $279,663 $279,663 $279,663 90051 90000 0900 MC Williams Renovs (Design) $121,950 $8,320 $113,630 $113.630 $121,950 90052 90000 _ 0900 Bellamy Roof $572,000 $0 $572,000 $572.000 $572,000 90154 90000 0900 Sunset Park Roof R Imt $206,251 $206.251 $0 $0 $206,251 90184 90000 D816 Howe Window Replacement $350,000 $313,001 $36,999 $ 27,134 $9,865 $322,866 90189 90000 0817 Phase11 SeaTech Renovations $33,442 $34,627 $68,069 $68,069 $33,442 90189 90000 0076 SeaTech- PhaseIIIRenovations $1,226,900 $1,226,900 $0 $0 $1,226,900 90189 90000 0816 Phase11 SeaTech Renovations $103,318 $102,630 $688 $ 688 $0 $102,630 90189 SeaTech Subtotal $1.363,660 $1,294,904 $68,756 $0 $ 688 $68,069 $1.362,972 90199 90000 0816 NHHS Field House Sealing $84,000 $23,125 $60,875 $ 60,875 $0 $23,125 90200 90000 0816 Johnson Window/Door ?a iplacement $455.000 $311.962 $143,038 $ 136,237 $6.801 $318,763 90202 90000 0816 JC Roe Building Repairs $35.000 $29,977 $5,023 $ 5,023 $1 $29,978 90204 90000 0816 Winter Park Playground Equipment $50,000 $0 $50,000 $50,000 $50,000 90205 90000 0816 Painting at Various Locations $75,000 $35,5571, $39,443 $39.443 _ $75,000 90209 90000 0076 Electrical Upgrades -Various - Design $120,000 $0 $120,000 $120,000 $120,000 90210 90000 0076 Lighting Upgrades -Various $58,000 $48,379 _ __$106,379 $106,379 $58,000 90216 90000 0076 Laney Cooling Tower $585,000 $552,683 $32,317 $32,317 $585,000 90219 90000 0817 Innovative Classroom at Bradley Creek $100,000 $93,792 $6,208 $ 6,PD6 $0 $93,792. 90220 90000 0076 J MEAC Upgrades $86,100 $26, 340 $59.760 $59, 760 $86,100 90220 90000 0816 MEAC Upgrades $113,900 $77,394 $36,506 $ 7,335 $29,171 $106,565 90220 MEAC Subtotal $200,000 $103.734 $96,266 $0 $ 335 $88,931 $192,665 90221 90000 0818 Water Filtration $194,000 $176.388 $17,612 # (17,612) $0 $176,388 90222 90000 0076 Safety andSecurit $1,000,000 $126,255 $873,745 $600,001 $1,473,746 $1,600,001 90222 90000 0816 Safety, and Securit $400,001 $400,001 $400,001 90222 Safety and Security Subtotal $1,000,000 $126,255 $873,745 $1,000,002 $ $1,873,747 $2,000 002 90223 90000 0076 Alderman HVAC $30D,000 $233,674 $66,326 $66,326 $300,000 90224 90000 0076 Ashley Painting $200,000 $89,076 $110,924 $350,000 $460,924 $550,000 90225 90000 0076 Laney HVAC $200,000 $89,381 $110,619 $110.619 $200,000 90226 90000 0076 Williston Drains e R airs $110,000 $4,376 $105,624 $235,000 $340.624 $345.000 90227 90000 0076 Fire Alarm Pannels $12D,000 $0 $120,000 $120,000 $120,000 90228 90000 0076 Lake Foreest HVAC $185,000 $120.622 $64,378 $64.378 $185.000 90229 90000 0076 1 Repairs $165,000 $73,052 $91,948 $91,948 $165,000 90230 90000 0076 Wrihtsboro HVAC $125,000 _ $110,950 $14,050 _ _ $14.050 $125,000 90231 90000 0816 Ethernet Cabling $150,000 $146,1061 $3,894 $3,894 $750,000 Board of Commissioners - January 10, 2022 ITEM: 8 - 1 - 3 Capital Outlay Project Summary Project Budget summary by Funding Source and Project #: I Current Year Canital Outlav Budget Pro'ectll Pu ese Program Pro ect Desc - on Project Budget as of 6130121 Expenditures Through 6/30121 Carryover to FY 22 New Per Budget Resolution Transfers FY 22 Project Budget Total Project Budget 90233 90000 0816 Codington Site Repairs $40,DOO $6,255 $33,745 $33,745 $40,000 90234 90000 0816 Codin ton SDA Playground $140,000 $17,305 $122,695 $122,695 $140,000 90235 90000 0816 H299ard Track Resurfacing $150,000 $7.006 $142.994 $120.000 $262,994 $270,000 90237 1 90000 0816 Pine Valley Mobile Door Replacement $95,582 $0 $95,582 $ 85,419 $10,163 $10,163 90344 90000 0900 Codin ton HVAC Imprints $215,722 $215,722 $0 $0 $215,722 90354 90000 0900 Eaton HVAC Imprints $171,462 $171,462 $0 1 $0 $171,462 90417 90000 0900 Trask Roof Rplmt $1,808,970 $1,791,538 $17,432 $17.432 $1,808,970 90418 90000 0900 Laney Roof R Imt $363,873 $363,873 $0 $0 $363,873 90419 90000 0900 Johnson Roof Rplmt $6,272 $6,272 $0 $0 $6,272 90420 900DO 090D Hoggand HS Roof Rplmt $499,722 $499,722 $0 1 $0 $499,722 90422 90000 090D Pine Valley Roof Rplmt $305,470 $305,470 $0 $0 $305,470 90427 90000 0900 1 Veterans Park Roof Coating $876,276 $876,276 $0 $0 $876,276 90428 90000 0900 Noble AbmtlCarpet Rplmt $274,907 $274,907 $0 $0 $274,907 90429 90000 0900 Ho and Abm arpet Rplmt $628,198 $626,619 $1 579 $1,579 $628,198 90430 90000 0900 Laney Abmt/Carpt Rplmt $516,208 $516,208 $0 $0 $516,208 90436 90000 0900 Veterans Park HVAC Imprints $366,320 $366,320 _ $0 $0 $366„320 90437 90000 0900 New Hanover HVAC Im rmts $267,051 $267,051 $0 $0 $267,051 90438 90000 0900 Bradley Creek HVAC Im rmts $1,317,916 $1,317,916 $O $0 $1,317,916 90439 90000 1 0900 Johnson HVAC Imprints $1,309,440 $1,309,440 $0 $0 $1,309,440 90440 90000 1 0900 Schools $1,527.971 $1,527,971 $0 $0 $1,527,971 90443 90000 1 0900 Carolina Beach Roof Rplmt $162,156 $162,156 $0 $0 $162,156 90444 90000 0900 Roland Grise Roof R Imt $85,336 $85,336 $0 $0 $85,336 90445 90000 0900 Gregory Roof Rplmt $358,744 $358,744 $0 $0 $358,744 90446 90000 0900 NHHS Roof EpInit $933.588 $933,588 $0 S $0 $933,588 90447 90000 0816 Roop Top Units at Williston $210,000 $210,000 $210,000 90448 90000 0816 Roop Top Units at CREEC $140,000 $140,000 $140,D00 90449 90000 0818 RoofReplacement at NHHS $7,400 $ 7,400) $0 $0 90449 90000 0816 Roof Replacements at NHHS $537,600 $ 537,600 $0 $0 90449 Roof Repl at NHHS Subtotal $545,000 $ (545,000) $0 $0 90451 90000 0076 Replace boiler at Murra ille $200,000 $200,000 $200,000 90452 90000 0076 Hot water heater replacement at Veterans Park $250,000 $250,000 $250,000 90453 90000 0076 Hot water heater replacement at Veterans Park $95,000 $95,000 $95,D00 90454 90000 0076 Roof Replacement at Holly Shelter $27,500 $27,500 $27,500 90455 90000 816 Mobile UnRReplacements $ 226,678 $226,678 $226,678 90455 90000 817 Mobile Un8 Replacements _ $ 6,208 $6,208 $6,208 90455 90000 818 Mobile Untf2Llacements $ 17,612 $17,612 $17,612 90455 Mobile Unit Replacements $0 $0 $0 $0 $ 250.498 $250,498 $250,498 90712 9000D 0900 Technology - Network Infrastructure $5,690,014 $5,690,014 $0 $0 $5.690.014 90750 9000D 0076 Site Repairs and Codington (Deferred) $0 $570,000 $ 570,000 $0 $0 96181 90000 0817 Access Controls stem Upgrades $365,000 $364,218 $782 $782 $365,000 96203 9000D 0816 Parkin2 Lot im r @Johnson $3,452 $3,417 $35 _ $35 $3,452 96218 9000D 0816 Playground Equipment Replacement $234,000 $0 $234,000 $234,000 $234,DOO 96232 9000D 0816_ Flashing Light Equipment $190,000 $16,436 $173,564 $173,564 $190,000 96236 9000D 0816 New Pla round Equipment $120,000 $0 $120,000 $120,ODO $120,D00 96238 9000D 0816 Myrtle Grove Locks/Doors $40,000 $29,656 $10,344 $10,344 $40,000 96239 9000D 0816 Egress Lighting $7,000 $6,390 $610 $610 $7,D00 96240 90000 0818 FEMA Remediation - Administration Building $55,916 $0 $55,916 $55,916 $55,916 96242 90000 0818 FEMA Remediation - BOE Center $26,215 $0 $26,215 $26,215 $26,215 96243 90000 0818 FEMA Remediation - NHHS $294,100 $0 $294,100 $294.100 $294,100 96244 90000 0818 FEMA Remediation - Williston $51,681 $0 $51,681 $51,681 $51,681 96245 90000 0818 FEMA Remediation- Winter Park $30,693 $2,889 $27,804 S27,804 $30.693 Board of Commissioners - January 10, 2022 ITEM: 8 - 1 - 4 Capital Outlay Project Summary Proiect Budget summary by Funding Source and Proiect #: I Current Year Capital Outlav Budget Pro ect# Putpose Program Project Description Project Budget as of 6130121 Expenditures Through 6130121 Carryover to FY22 New Per Budget Resolution Transfers FY 22 Project Budget Total Project Budget 96247 90000 0817 Chiller Replace ent at Bellamy $213,000 $133,018 $79,982 $79,982 $213,000 96269 90000 0816 Stage Curtains at Various Locations 1 $105,000 $105,000 $105,000 96270 90000 0816 Chiller Replacement at NHHS $430,000 $430,000 $430,000 96271 90000 0816 Portico Replacement at Forest Hills $75,000 $75,000 $75,000 96272 90000 0818 Replace 15 ton AHU for Laney Band Room $85,000 $ 85,000 $0 $0 96273 90000 0818 Baseball field lighting improvements at Ho and $371,600 $371,600 $371,600 97012 90000 090D Technology - Security Cameras $3.402.276 $2,783.743 $618.533 $618,533 $3.402,276 97013 90000 0900 Technology • VolP Core Infrastr/E ui $469,279 $133,603 $602,882 $602,882 $469,279 97023 64010 0816 Laptop Replacements $1,395,290 $1,221,045 $174,245 $ 178,441 $352.686 $1,573,731 97027 64010 0817 Desktop Replacements $ 210,022 $210,022 $210,022 97023 64010 0818 Laptop Replacements $ 217,528 $217,528 $217,528 97023 Laptop Subtotal $1,395,290 $1,221,045 $174,245 $0 $ 605,991 $780,236 $2,001,281 97024 64010 0817 Wad Replacements $468,000 $2,118 $465,882 $465,882 $468 000 97026 64010 0817 VolP- Phaselll $31,900 $21,635 $10,265 $10,265 $31,900 97027 64010 0816 'Desktop Replacements $491,100 $312,659 $178,441 $ 178,441 $0 $312,659 97027 64010 0817 Desktop Replacements $210,022 $0 $210,022 $ i210,022; $0 $0 97027 64010 0818 DesktopRerlacements $223,440 $5,912 $217,528 $ 217,528 $0 $5.912 97027 Desktop Subtotal $924,562 $318,571 $605,991 $0 $ 605.991 $0 $318,571 97029 64010 0816 Lap -top Cart Replacements $83,100 $80,269 $2,831 $2,831 $83,100 97029 64010 0818 Laptop Cart Reolacements $83,100 $44,612 $38,488 $38,488 $83,100 97029 Laptop Card Subtotal $166,200 $124,881 $41,319 $o $ $41,319 $166,200 97031 64010 0818 Firewall and Management System $268,500 $266,934 $1,566 $1.566 $268,500 97032 64010 0816 Classroom Proection Devices $660,000 $610,153 $49,847 $49,847 $660,000 97033 64010 0817 Tyler Imlementaton Equipment $30,000 $6,883 $23,117 $23,117 $30,000 97034 64010 0817 Active Directory Migration _ $76,100 $76,100 $0 $0 $76,100 97034 64010 0816 Active Diredgy M4ration $623,000 $542.847 $80,153 $80,153 $623.000 97034 Active Directory Subtotal $699,100 $618,947 $80,153 $0 $ $80.153 $699,100 97038 90000 0816 Com uter Equipment $800,000 $80DA00 $800 000 97039 90000 0816 Server Moduals $20,000 $20,000 $20.000 97040 90000 0816 UPS for CBRC $250,000 $250,000 $250,000 97041 90000 0816 Switching Surge Suppression - Phasel $84,500 $84,500 $84,500 97042 90000 0816 Server Replacements at Schools $300,000 $300.000 $300,000 97043 90000 0816 Middle School Outdoor Scoreboards $120,000 $120.000 $120,000 98001 51100 0816 Classroom Furniture $220,076 $143,693 $76.383 $76,383 $220,076 98001 51100 0818 Classroom Furniture $200,000 $200,000 $200.000 98001 54000 0816 School Office Furniture $11,300 $5,607 $5,693 1 $5,693 $11,300 98001 65000 0818 Office Furniture7Equipment Replacement $50,000 $50,000 $50,000 98001 65400 0818 Custodial Equipment $23,700 $23,700 $23,700 98001 Furniture Subtotal $231,376 $149,300 $82,076 $273,700 $ - _ $355,776 $505,076 98003 65500 0120 School Bus Leases(Dpo $1,499,792 $893,820 $605,972 $605,972 $1,499,792 98021 65500 0816 Vehicle Re lacement $174,100 $1471 $174,247 $174,247 $174,100 99025 90000 0816 1 Purchase of Vehicles $103,900 $103,900 $103,900 $174,860,118 $163,468,833 $11,391,285 $6,761,202 $ 0 $ 18,152,487 $181,621,320 Revenue Summary 0076 PSBCF- Lottery Revenue _ $4,481,000 $2,604,930 $1,876,070 $2,327,501 $ $ 4,203,571 $ 6,808,501 0120 DPI School Bus Revenue $1.499 792 $893,820 $605,972 $0 $ $ 605,972 $ 1,499,792 0816 County Capital Appropriation $6,094,218 $4,042,344 $2,051,874 $3,696,001 $ $ 5,747,875 $ 9,790,219 0817 Counly Interlocal Sales Tax Refund $1,557,464 $685,025 $872,438 $0 $ 0 $ 872,438 $ 1,557,464 0818 Fund Balance Appropriation $1,227,645 $496,735 $730,910 $737,700 $ $ 1,468,610 $ 1,965,345 0900 2014 Bond Program $160,000,000 $154,745,979 $5,254,021 $D $ $ 5,254,021 $ 160,000,000 $174,86D,118 $163,468,833 $11,391,285 $6,761,202 $ 0 $ 18,152,487 $181,621,320 Note: Total Project Budget is listed through year project is complete, with exception of bond projects that are listed until Bond Initiative is complete. Board of Commissioners - January 10, 2022 ITEM: 8 - 1 - 5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/10/2022 Regular DEPARTMENT: Finance PRESENTER(S): April Adams, Cherry Bekaert LLP CONTACT(S): Lisa Wurtzbacher, Chief Financial Officer and Martha Wayne, Deputy Chief Financial Officer SUBJECT: Presentation of the Audit Report for the Fiscal Year Ended 6/30/2021 BRIEF SUMMARY: The New Hanover County Annual Comprehensive Financial Report and related independent audit for the fiscal year ended 6/30/2021 has been completed. The results of the audit and financial report will be presented by April Adams, Audit Partner with Cherry Bekaert LLP. The audit resulted in an unmodified opinion, meaning the auditors concur that the financial statements are fairly presented and free from material misstatements. The general fund balance as of 6/30/2021 was $472,994,1720, of which $350,000,000 is restricted for revenue stabilization and mental/behavioral health uses as agreed to in the NHRMC asset purchase agreement and $66,035,381 was unassigned. The unassigned fund balance as a percent of general fund expenses and transfers out represented 21%, which aligns with our policy goal of 18% to 21%. I n the special fire district fund, total fund balance at 6/30/2021 was $3,056,288. The environmental management fund decreased its fund balance by $4,052,069. Total fund balance for the fire services fund and environmental management fund as a percentage of expenses and outflows represented 18% and 30%, respectively. This aligns with our policy goal that total fund balance is not less than 8% of expenses and outflows for these funds. STRATEGIC PLAN ALIGNMENT: • Good Governance o Strong Financial Performance ■ Plan for the long-term financial health of the county RECOMMENDED MOTION AND REQUESTED ACTIONS: Request commissioners hear the presentation and approve the New Hanover County Annual Comprehensive Financial Report for the year ended 6/30/2021. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Hear presentation. Recommend approval. COMMISSIONERS' ACTIONS: Board of Commissioners - January 10, 2022 ITEM: 9 Heard presentation. Approved 5-0. Board of Commissioners - January 10, 2022 ITEM: 9 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/10/2022 Regular DEPARTMENT: Planning PRESENTER(S): Rebekah Roth, Planning & Land Use Director CONTACT(S): Rebekah Roth SUBJECT: Public Hearing Text Amendment Request (TA21-04) - Request by Frank Pasquale with KFJ Development Group, LLC to Amend Articles 3 and 4 of the Unified Development Ordinance to Establish a New Zoning District, the Riverfront Urban Mixed -Use Zoning District BRIEF SUMMARY: Applicant Frank Pasquale with KFJ Development Group has proposed an amendment establishing a new Riverfront Urban Mixed -Use Zoning (RUMXZ) district. The proposed amendment seeks to provide an additional tool for redevelopment of Cape Fear and Northeast Cape Fear riverfront properties. The proposed district combines concepts from the existing Riverfront Mixed Use Planned Development Zoning (RFMU), Urban Mixed -Use Zoning (UMXZ) and Planned Development (PD) districts. The proposed Riverfront Urban Mixed -Use Zoning (RUMXZ) district would be a Master Planned development district, a type of conditional zoning district that includes a site -specific design (Master Development Plan or MDP), along with a mutually agreed upon Terms & Conditions document. MDPs are intended to be in a "bubble" format that illustrates the general location and intensity of the land uses within the development. Mixed -use developments must be constructed in accordance with the standards established in the approved master plan and must comply with all other applicable development regulations (stormwater, landscaping, roadways, parking, etc.). Compliance with the master plan and other applicable regulations is verified during the technical review of an engineer sealed development proposal. The applicant's proposal includes a district size minimum of 5 acres and allows for a maximum height of 240 feet. The district also prescribes architectural and design elements and promotes multi -modal transportation options. Similar to the existing mixed -use zoning districts, the proposed district would be established with a master plan of development, approved as part of a rezoning by the Board of Commissioners. The portion of the unincorporated county that could qualify for this district, the west bank of the Northeast Cape Fear River between the Thomas Rhodes Bridge and Isabel Holmes Bridge, has generally retained the initial 1970s industrial zoning to date. However, to the east, across the river, lies the urban downtown core of the City of Wilmington, with primarily CBD, Central Business District zoning and generally higher intensity uses. Over the past 15 years, the county has developed tools, namely the existing Riverfront Mixed Use (RFMU) Zoning District, and established goals so future development along the western bank of the Cape Fear and Northeast Cape Fear Rivers could mirror the development pattern of downtown Wilmington on the eastern bank. Properties in the area where the proposed district would be eligible were designated as Urban Mixed Use places in the 2016 Comprehensive Plan. This is the land use classification with the most residential density and urban pattern outlined on the plan's Future Land Use Map. This text amendment request was initially heard by the Planning Board at their November 4, 2021 meeting. In response to comments received at the meeting and additional staff feedback during the review of the companion rezoning application from the applicant, some modifications were made to the proposed amendment. The applicant agreed to a clarification on the area along the river where the district is intended --the portion of the west bank of the river across from the City of Wilmington's Central Business District (CBD) north of Red Cross Street. The point from where Board of Commissioners - January 10, 2022 ITEM: 10 structures' heights will be measured was also clarified, and modifications were made to the density intended for the district in order to mirror Wilmington's CBD requirements and allow for the number of units outlined in the companion rezoning request. Additional requirements regarding site resiliency and compensating community benefits were also outlined. The Planning Board considered the revised proposal at their December 2, 2021 meeting. At the meeting, six members of the public spoke in opposition to the proposal, citing concerns regarding flooding, as well as impacts on sensitive environmental features, community character, and historic resources. One member of the public was signed up to speak in support of the amendment. Prior to the hearing, forty public comments in opposition, one neutral comment, and four comments in support were provided to the Planning Board. These comments, plus comments provided to the board as part of their agenda packet and emails that staff was sent between the public comment deadline and the Planning Board meeting, have been provided in the agenda packet. Due to concerns regarding the intensity allowed for by the district and impact on community character, the Planning Board voted (5-1) to recommend DENIAL. While they found the proposal to be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it promotes the intended urban -scale mixture of uses that reflects downtown Wilmington and contributes to efforts to cluster development and minimize impacts on natural resources on the western bank of the Cape Fear and Northeast Cape Fear Rivers, they found DENIAL of the proposed amendment is reasonable and in the public interest because the proposal is not consistent with the desired character for this area and the density and height will adversely impact the adjacent properties. In response to the Planning Board's concerns, the applicant has requested to modify where building height would be measured --from the Regulatory Flood Protection Elevation, or RFPE (the base flood elevation plus 2 ft. freeboard), as opposed to the average grade of the finished first floor. This is in line with the average finished grade where height is generally measured in the unincorporated county and would be 11 ft. in the area where the district could apply. With this revision, the maximum height allowed in the district is also consistent with the by -right height possible with structured parking in the existing Riverfront Mixed Use (RFMU) district. In response to additional feedback received at the December 2, 2021 Planning Board meeting, the applicant has also proposed language be added to the purpose statement regarding the environmental goals for the district. STRATEGIC PLAN ALIGNMENT: • Intelligent Growth & Economic Development o Encourage development of complete communities in the unincorporated county ■ Citizens have daily needs met by NHC businesses and support them RECOMMENDED MOTION AND REQUESTED ACTIONS: Because the proposed text amendment is in line with the Comprehensive Plan's recommendations for the development pattern on the west side of the river, provides an update of existing RFMU district requirements, and would require potential projects demonstrate resiliency features, staff recommended approval of the requested amendment to the Planning Board before their December 2, 2021 consideration of the item. As the applicant has revised the request to address Planning Board concerns regarding the potential height and scale allowed by the district and added provisions regarding the environmental goals of the district, staff also recommends approval of the revised proposal and suggests the following motion: I move to APPROVE the proposed amendment to the New Hanover County Unified Development Ordinance to establish the Riverfront Urban Mixed -Use Zoning (RUMXZ) district. I find it to be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it promotes the intended urban -scale mixtures of uses that reflects downtown Wilmington and contributes to efforts to cluster development and minimize impacts on natural resources on the western bank of the Cape Fear and Northeast Cape Fear Rivers. I also find APPROVAL of the proposed amendment reasonable and in the public interest because it provides an additional tool for redevelopment of the Cape Fear and Northeast Cape Fear riverfront properties. Board of Commissioners - January 10, 2022 ITEM: 10 Example Motion for Denial I move to DENY the proposed amendment to the New Hanover County Unified Development Ordinance to establish the Riverfront Urban Mixed -Use Zoning (RUMXZ) district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it promotes the intended urban -scale mixture of uses that reflects downtown Wilmington and contributes to efforts to cluster development and minimize impacts on natural resources on the western bank of the Cape Fear and Northeast Cape Fear Rivers, I find DENIAL of the proposed amendment is reasonable and in the public interest because the proposal is not consistent with the desired character for this area and the density and height will adversely impact the adjacent properties. ATTACHMENTS: TA 21-04 Script TA 21-04 Staff Report TA 21-04 Proposed Amendment (BOC Draft) TA21-04 CS TA21-04 Applicant Materials TA 21-03 Applicant Original Text Amendment TA 21-04 Opposition Co\er Sheet P. Marriott Comments in Opposition NAACP Letter in Opposition Opposition from Public Comment Portal (Rc\,d. by 11-23-2021) Comments Received After Public Comment Period Neighboring Property Corer Sheet Helbig Comments TA 21-04 Public Comments COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: The item was tabled 5-0. Board of Commissioners - January 10, 2022 ITEM: 10 SCRIPT for Unified Development Ordinance Text Amendment (TA21-04) Request by Frank Pasquale with KFJ Development Group, LLC to amend Articles 3 and 4 of the Unified Development Ordinance to establish a new zoning district, the Riverfront Urban Mixed -Use Zoning District. 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 presentations and an additional 5 minutes for rebuttal. 1. Conduct Hearing, as follows: a. Staff presentation b. Applicant's presentation(s) (up to 15 minutes) c. Opponents' presentation(s) (up to 15 minutes) d. Applicant's rebuttal (up to 5 minutes) e. Opponents' rebuttal (up to 5 minutes) 2. Close the public hearing 3. Board discussion 4. Vote on amendment. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why approval or denial of the rezoning request is reasonable and in the public interest. Example Motion of Approval I move to APPROVE the proposed amendment to the New Hanover County Unified Development Ordinance to establish the Riverfront Urban Mixed -Use Zoning (RUMXZ) district. I find it to be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it promotes the intended urban -scale mixture of uses that reflects downtown Wilmington and contributes to efforts to cluster development and minimize impacts on natural resources on the western bank of the Cape Fear and Northeast Cape Fear Rivers. I also find APPROVAL of the proposed amendment reasonable and in the public interest because it provides an additional tool for redevelopment of the Cape Fear and Northeast Cape Fear riverfront properties. Example Motion for Denial I move to DENY the proposed amendment to the New Hanover County Unified Development Ordinance to establish the Riverfront Urban Mixed -Use Zoning (RUMXZ) district. While I find it to be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it promotes the intended urban - scale mixture of uses that reflects downtown Wilmington and contributes to efforts to cluster development and minimize impacts on natural resources on the western bank of the Cape Fear and Northeast Cape Fear Rivers, I find DENIAL of the proposed amendments is reasonable and in the public interest because the proposal is not consistent with the desired character for this area and the density and height will adversely impact the adjacent properties. Alternative Motion for Approval/Denial: I move to [Approve/Deny] the proposed amendment to the New Hanover County Unified Development Ordinance to establish the Riverfront Urban Mixed -Use Zoning (RUMXZ) district. I find it to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] Board of Commissioners - January 10, 2022 ITEM: 10- 1 - 1 I also find [Approval/Denial] of the proposed amendment is reasonable and in the public interest because [insert reasons] Board of Commissioners - January 10, 2022 ITEM: 10- 1 - 2 STAFF SUMMARY OF TA21-04 TEXT AMENDMENT APPLICATION APPLICATION SUMMARY Case Number: TA21-04 Request: The intent of this amendment is to establish a new zoning district, the Riverfront Urban Mixed - Use Zoning (RUMXZ) district. Applicant: Subject Ordinance: Frank Pasquale on behalf of KFJ Development Group Unified Development Ordinance Subject Article(s) and Section(s): • Article 3: Zoning Districts o Section 3.3.2 Established Mixed Use Zoning Districts o Section 3.3.8 Riverfront Urban Mixed -Use Zoning (RUMXZ) • Article 4: Uses and Use Specific Standards o Table 4.2.1: Principal Use Table o Table 4.4.3 Accessory Use Table o Table 4.5.1 Temporary Use Table BACKGROUND Applicant Frank Pasquale with KFJ Development Group has proposed an amendment establishing a new Riverfront Urban Mixed -Use Zoning (RUMXZ) district. The proposed amendment seeks to provide an additional tool for redevelopment of the Cape Fear and Northeast Cape Fear riverfront properties. The proposed district combines concepts from the existing Riverfront Mixed Use Planned Development Zoning (RFMU), Urban Mixed -Use Zoning (UMXZ) and Planned Development (PD) districts. The Riverfront Urban Mixed -Use Zoning (RUMXZ) district would be a Master Planned Development district, a type of conditional zoning district that includes a site -specific design (Master Development Plan or MDP), along with a mutually agreed upon Terms & Conditions document. MDPs are intended to be in a "bubble" format that illustrate the general location and intensity of the land uses within the development. Mixed use developments must be constructed in accordance with the standards established in the approved master plan and must comply with all other applicable development regulations (stormwater, landscaping, roadways, parking, etc.). Compliance with the master plan and other applicable regulations is verified during the technical review of an engineer sealed development proposal. TA21-04 Staff Summary BOC 1.10.2022 Page 1 of 10 Board of Commissioners - January 10, 2022 ITEM: 10- 2 - 1 The applicant's proposal includes a district size minimum of 5 acres and allows for a maximum height of 240 feet. The district also prescribes architectural and design elements and promotes multi -modal transportation options. Similar to the existing mixed -use zoning districts, the proposed district would be established by an MDP approved as part of a rezoning by the Board of Commissioners. The portion of the unincorporated county that could qualify for this district has would be limited to the portion of the west bank of the river across from the City of Wilmington's Central Business District (CBD) north of Red Cross Street, as shown in the map below. j r=1y, Area of Unincorporated County Eligible for RUMXZ Zoning This text amendment request was initially heard by the Planning Board at their November 4, 2021 meeting. In response to comments received at the meeting and additional staff feedback during the companion rezoning application from the applicant, some modifications were made to the proposed amendment. The applicant agreed to a clarification on the area along the river where the district is intended —that portion of the west bank of the Northeast Cape Fear River across from the Cit of Wilmington's Central Business District (CBD) north of Red Cross Street. Modifications were made to the density intended for the district in order to mirror Wilmington's CBD requirements and allow for the number of units outlined in the companion rezoning request. Requirements regarding site resiliency and compensating community benefits were also outlined. TA21-04 Staff Summary BOC 1.10.2022 Page 2 of 10 Board of Commissioners - January 10, 2022 ITEM: 10- 2 - 2 In addition, the applicant clarified that they were requesting the structure height to be measured starting at the first finished floor and not include structured parking or resilience features. However, based on subsequent feedback at the December 2, 2021 Planning Board meeting, the applicant's proposal now states that building height will include structured parking and be measured from the Regulatory Flood Protection Elevation (RFPE), which is in line with the average finished grade where height is generally measured in the unincorporated county and would be 11 ft. in the area where the district could apply. With this revision, the maximum height allowed in the district is also consistent with the by -right height possible with structured parking in the existing Riverfront Mixed Use (RFMU) district. Staff Analysis The portion of the unincorporated area that would qualify for this district has generally retained the initial 1970s industrial zoning to date. However, to the east, across the Northeast Cape Fear River, lies the urban downtown core of the City of Wilmington, with primarily CBD, Central Business District zoning and generally higher intensity uses. In 2007, New Hanover County adopted a new zoning district, the Riverfront Mixed Use (RFMU) district, specifically to apply to properties along the west bank of the Cape Fear and Northeast Cape Fear Rivers. This staff -led amendment was a collaborative effort with the City of Wilmington and numerous stakeholder groups and was initiated in response to increasing interest in development along the west bank across from downtown Wilmington. Height standards and other regulations were established in order to reflect the development of downtown, take into account environmentally sensitive areas, and provide for quality development that would provide a community benefit. Specific requirements included provisions for a public riverwalk, similar to the one on the east bank of the river. Since that time, this district has only been applied to one piece of property, and an RFMU-zoned development has never been completed. During the Unified Development Ordinance (UDO) Project process, staff reviewed the RFMU district and found that some of the regulations included in the district, such as the requirements regarding mix of uses, lot coverage, architectural features, and timeline for start of construction, may have reduced the likelihood that the district would be used. Staff made a decision to focus on the new Urban Mixed -Use Zoning (UMXZ) and Planned Development (PD) districts as alternatives to achieve similar high -quality developments in this area of the county. However, these districts do include features, such as limits on density and requirements for district sizes, that have proven to be barriers to the types of development envisioned in the Comprehensive Plan and intended by the RFMU district. The proposed RUMXZ district combines several of the features of the RFMU and UMXZ districts. It is intended to apply to properties too small for PD zoning, which requires a minimum of 10 acres. The architectural standards would allow for more urban structures than currently allowed in RFMU and more residential density than allowed in either the RFMU or UMXZ districts. However, building heights are similar to those provided for in the current RFMU district. Dimensional differences for the unincorporated jurisdiction's existing mixed -use districts and the applicant's proposed RUMXZ are outlined in the following chart. TA21-04 Staff Summary BOC 1.10.2022 Page 3 of 10 Board of Commissioners - January 10, 2022 ITEM: 10- 2 - 3 RFMU PD UMXZ RUMXZ Dimensional Standards (Current NHC riverfront (Current NHC mixed- (Current NHC mixed- (Proposed text zoning district) use zoning district) use zoning district) amendment) District Size N/A Minimum 10 Minimum 5 acres Minimum 5 acres acres Buildings < 50 feet, 35 feet for 35 feet for buildings equal to building buildings < 35 < 35 feet in height height adjacent to feet in height adjacent to residential adjacent to residential Established in residential MPD with a minimum 20-foot Setback periphery 45 feet for buildings from setback for > 35 feet in height Residential 50 feet for residential uses 45 feet for adjacent to buildings > 50 feet and 35 feet for buildings > 35 residential adjacent to industrial uses feet in height Note: Properties residential adjacent to eligible for this district residential are not adjacent to any existing residential zoning or uses 10 feet 10 feet Street 16 feet Established in Not required along Not required along Setback MPD alleys; may be alleys; may be waived waived by TRC by TRC TA21-04 Staff Summary BOC 1.10.2022 Page 4 of 10 Board of Commissioners - January 10, 2022 ITEM: 10- 2 - 4 RFMU PD UMXZ RUMXZ Dimensional Standards (Current NHC riverfront (Current NHC mixed- (Current NHC mixed- (Proposed text zoning district) use zoning district) use zoning district) amendment) 150 ft., not including up to 60 feet for structured parking, so 210 ft. total Performance Bonus: Additional 30 ft. in height allowed if dedication of 240 feet as private land area measured from the Maximum for public use is Established in Established in Regulatory Flood Height greater than the MDP (TA21-03) MDP (TA21-03) Protection Elevation required 10% (RFPE) minimum, so 240 ft. total 75 feet within the height restriction overlay area directly across from COW Historic District Properties in 15 units/acre for Urban Mixed Use single-family place type: residential units 50 units/acre multi- family minimum Established in Maximum Required mix of MPD 25 units/acre for Density for uses dictates density multifamily Residential residential units Uses maximum 36 units/acre for Other Properties: p No maximum for 17 units/acre vertical mixed -use vertically integrated mixed -use buildings buildings Maximum Lot 50% N/A N/A N/A Coverage Minimum Residential 750 sq. ft. N/A N/A N/A Unit Size TA21-04 Staff Summary BOC 1.10.2022 Page 5 of 10 Board of Commissioners - January 10, 2022 ITEM: 10- 2 - 5 Given the proximity of the City limits to the Cape Fear and Northeast Cape Fear riverfront properties, it is also appropriate to include and analyze the existing development pattern and zoning districts reflected along the east side of the river. Dimensional CBD UMX RUMXZ Standards (Existing zoning district (Existing zoning district utilized (proposed text amendment) east of Cape Fear River) in the downtown core) N/A inside the 1945 corporate limits District Size N/A Minimum 5 acres 5 acres outside of 1945 corporate limits 5 feet or the average 35 feet for buildings front setback in the front < 35 feet in height no more than 10 feet; adjacent to residential Buildings < 35 feet: 0 Setback from 45 feet for buildings Residential Buildings > 35 feet: > 35 feet in height 1:1 ratio Side and rear setbacks adjacent to residential require a minimum of 5 Note: Properties eligible feet for this district are not adjacent to any existing residential zoning or uses At least 50% of the building shall be setback 5 feet from property line. 10 feet Street Setback Maximum of 10 feet Not required along alleys; o Remaining 50 /o may be waived by TRC subject to a maximum depth of 15% of height. TA21-04 Staff Summary BOC 1.10.2022 Page 6 of 10 Board of Commissioners - January 10, 2022 ITEM: 10- 2 - 6 Dimensional CBD UMX RUMXZ Standards (Existing zoning district (Existing zoning district utilized (proposed text amendment) east of Cape Fear River) in the downtown core) CBD Height Map 35 feet for buildings < 35 dictate minimum and feet in height adjacent to maximum by right. residential 240 feet as measured Maximum (See following map; from the Regulatory Height 240 feet for the area 45 feet for buildings > 35 Flood Protection north of Red Cross feet in height adjacent to Elevation (RFPE) Street, east of Water residential Street) 15 units/acre for single- family residential units 50 units/acre multi - Maximum family minimum Density for N/ A 25 units/acre for Residential multifamily residential units No maximum for Uses vertically integrated No maximum for vertical mixed -use buildings mixed -use buildings Maximum Lot N/A N/A N/A Coverage Minimum Residential N/A N/A N/A Unit Size TA21-04 Staff Summary BOC 1.10.2022 Page 7 of 10 Board of Commissioners - January 10, 2022 ITEM: 10- 2 - 7 24 - 240 ft, 36 - 190 ft. 0-150ft, �36-1.32ft. 24 - 100 ft. 24 - 70 ft. �o-60ft. �0-36k 5 w P CBD Height Map from City of Wilmington Land Development Code TA21-04 Staff Summary BOC 1.10.2022 Page 8 of 10 Board of Commissioners - January 10, 2022 ITEM: 10- 2 - 8 The vision for the development pattern provided for in the RFMU district was incorporated into the Comprehensive Plan, as the areas on the west bank across from downtown Wilmington were designated as an Urban Mixed Use place type, the land use classification with the most residential density and urban pattern outlined on the plans Future Land Use Map. However, because the area where this district is intended to apply is located in the FEMA AE flood zone and is subject to regular flooding events, the applicant has also clarified that any rezoning application to this district must outline the features of site and/or structure resiliency proposed as part of the rezoning request. Compensating community benefits, currently required only in Planned Development districts, must also be outlined. In sum, the proposed district does not require the setting of a new policy direction for the areas where it may be eligible or provide for heights that are not currently allowed in the County's planning jurisdiction. Instead, the proposed district would provide for an updated version of the RFMU district, which was not modified during the UDO project. While the proposed height is not currently on the ground, the potential exists with the RFMU zoning district, and the maximum density is consistent with what is allowed on the east side of the river. Further, the dimensional standards, paired with the purpose statement of the district, limit the riverfront properties that could apply for this mixed -use master planned district to those across from downtown areas where similar development intensity is permitted. PROPOSED AMENDMENT The applicant's proposed text amendment is attached, with red italics indicating staff's suggested edits and additional applicant modifications made in response to feedback provided at the November 4, 2021 and December 2, 2021 Planning Board public hearings and in response to staff review of the companion rezoning request. PLANNING BOARD RECOMMENDATION The text amendment request was initially heard by the Planning Board at their November 4, 2021 meeting, where two members of the public spoke in support of the request and one member of the public spoke in opposition. The Planning Board continued the hearing to provide time to review the companion rezoning application, and in response to comments received at the meeting and additional staff feedback, the applicant chose to some modifications to clarify provisions on where the district would be possible, how height was to be measured, and that resilience features and compensating community benefits would be required for any rezoning request. The Planning Board considered the revised proposal at their December 2, 2021 meeting. At the meeting, six members of the public spoke in opposition to the proposal, citing concerns regarding flooding, as well as impacts on sensitive environmental features, community character, and historic resources. One member of the public was signed in to speak in support of the amendment. Prior to the hearing, forty public comments in opposition, one neutral comment, and four comments in support were provided to the Planning Board. These comments, plus comments provided to the board as part of their agenda packet and emails that staff was sent between the public comment deadline and the Planning Board meeting, have been provided in the agenda packet. Due to concerns regarding the intensity allowed for by the districts and impact on community character, the Planning Board voted (5-1) to recommend denial. While they found the proposal to be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it promotes the intended urban -scale mixture of uses that reflects downtown Wilmington and contributes to TA21-04 Staff Summary BOC 1.10.2022 Page 9 of 10 Board of Commissioners - January 10, 2022 ITEM: 10- 2 - 9 efforts to cluster development and minimize impacts on natural resources on the western bank of the Cape Fear and Northeast Cape Fear Rivers, they found DENIAL of the proposed amendment is reasonable and in the public interest because the proposal is not consistent with the desired character for this area and the density and height will adversely impact the adjacent properties. STAFF RECOMMENDATION Because the proposed text amendment is in line with the Comprehensive Plan's recommendations for the development pattern on the west side of the river, provides an update of existing RFMU district requirements, and would require potential projects demonstrate resiliency features, staff recommended approval of the requested amendment to the Planning Board before their December 2, 2021 consideration of the item. As the applicant has revised the request to address Planning Board concerns regarding the potential height and scale allowed by the district, staff also recommends approval of the requested amendment, with the provided edits, and suggests the following motion: I move to APPROVE the proposed amendment to the New Hanover County Unified Development Ordinance to establish the Riverfront Urban Mixed -Use Zoning (RUMXZ) district. I find it to be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it promotes the intended urban -scale mixture of uses that reflects downtown Wilmington and contributes to efforts to cluster development and minimize impacts on natural resources on the western bank of the Cape Fear and Northeast Cape Fear Rivers. I also find APPROVAL of the proposed amendment reasonable and in the public interest because it provides an additional tool for redevelopment of the Cape Fear and Northeast Cape Fear riverfront properties. Alternate Motion for Denial: I move to DENY the proposed amendment to the New Hanover County Unified Development Ordinance to establish the Riverfront Urban Mixed -Use Zoning (RUMXZ) district. While I find it to be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it promotes the intended urban -scale mixture of uses that reflects downtown Wilmington and contributes to efforts to cluster development and minimize impacts on natural resources on the western bank of the Cape Fear and Northeast Cape Fear Rivers, I find DENIAL of the proposed amendment is reasonable and in the public interest because the proposal is not consistent with the desired character for this area and the density and height will adversely impact the adjacent properties. TA21-04 Staff Summary BOC 1.10.2022 Page 10 of 10 Board of Commissioners - January 10, 2022 ITEM: 10- 2 - 10 2022-01 Board of Commissioners Public Hearing 3.3.2 ESTABLISHED MIXED USE ZONING DISTRICTS The mixed use districts established by this UDO are identified in Table 3.3.2 Established Mixed Use Zoning Districts. Table 3.3.2: Mixed Use Zoning Districts Category District Abbreviation Urban Mixed Use Zoning UMXZ Riverfront Mixed Use Planned Development RFMU Mixed Use Exceptional Design Planned Development EDZD General Planned Development PD Riverfront Urban Mixed -Use Zoning RUMXZ 3.3.4 3.3.8 RIVERFRONT URBAN MIXED -USE ZONING (RUMXZ) A. Purpose The Riverfront Urban Mixed -Use Zoning (RUMXZ) District is established to meet the following seven primary objectives in the areas of New Hanover County fronting the Cape Fear River or Cape Fear River Northeast extension in the proximity of the City of Wilmington and these fer where urban er Esn+ty scale mixed use development is envisioned: • To encourage the efficient mixed use development pattern envisioned in the Comprehensive Plan fronting the Cape Fear or Cape Fear Northeast Extension. The zone shalA.11_ require that�.�_ all _�_iI ride- frontages n iages h�e_ of a "liv'�s-horreli e" as defined by he U;��ri--�v E, will ill only he"' allowed ��,.r�hen approved for for a "river tawi/ferry"serviEe. This provision • Enhance and preserve environmentally sensitive areas along the river; has been • Protect public access to the river through the creation of quality public spaces. moved to theUse Standards • Preserve cultural and natural resources. section. • Ensure quality design and a variety of built forms that result in a pedestrian scale that allows vistas to the east, City of Wilmington, and west from developed pedestrian walkways, bicycle paths, and Riverwalk. The zone must provide as a compelling skyline. • Promote and enhance transit options, particularly pedestrian and water -oriented transportation options. • Provide an opportunity for intensive development consistent with the urban form; • Encourage a mix of uses that fosters a sense of community and create a destination for residents and visitors alike. Board of Commissioners - January 10, 2022 ITEM: 10- 3 - 1 2022-01 Board of Commissioners Public Hearing The district regulations include design elements intended to enhance the urban form, increase neighborhood safety, through the adaptation of ape crime prevention through environmental design (CPTED) recommendations, and add flexibility for small lot development. Integrated mix of uses on development sites and within individual buildings is encouraged along the riverfront of the Cape Fear and Northeast Cape Fear Nle.rt"o_as+ Extension Rivers. RUMXZ zoning is intended to promote mixed -use developments on sites large enough to create a mix of uses in the ^ 'rren4 Ind-, tri-ai Zened are along the Riverfront of the Cape Fear and Northeast Cape Fear Northeast Rivers between the Isabel Holmes Bridge and Thomas Rhodes Bridge and in accordance with the NHC Comprehensive Future Use Maste Plan. Typically, these developments will include creative development and redevelopment solutions. B. Concept a C. Use Standards Allowed uses and use -specific standards for principal, accessory, and temporary uses are established in Article 4, Uses and Use Specific Standards. All RUMXZ projects shall include a mix of both residential and nonresidential uses. Board of Commissioners - January 10, 2022 ITEM: 10- 3 - 2 2022-01 Board of Commissioners Public Hearing D. District Dimensional Standards Standard All Uses Minimum district size (acres) 5 Maximum district size(acres) 4-0 Setbacks Minimum distance from single family residential zoning districts 35 feet for buildings <_ 35 feet in height 45 feet for buildings > 35 feet in height 1 Maximum distance from any street feet 10* Maximum height along arterial streets (includingstructured parkin ** 240 feet by -right Mavirnu rn height along residential & 240 fee nnllontnr street- INAavirn, ,m height along arto ial & r �^^^y 2`f-0 feet r�nllon#nr c#roo#c lNAavim, 1rn I-Indensity CCnn d� (dwelling units/aGre) Minimum multi -family residential density (dwelling units/acre 50 Maximum vertically integrated mixed - use building density (dwelling and hospitality units/acre)*** 4-W None *Front setbacks are not required along alleyways; TRC may waive strict adherence to requirement where an existing easement or significant natural feature exists. **As measured from the Regulatory Flood Protection Elevation (RFPE). *** Hospitality units include units that may be used for either residential or Hotel/Motel purposes. E. Reference to Other Standards 1. Utility and Equipment Screening a. HVAC equipment, air conditioning window units, and other electrical equipment, and fire escapes shall not be located on facades with street frontage. All such equipment shall be placed in the interior yards or inset into the roof pitch, or behind a parapet wall in the case of a flat roof, of the building and screened from the right-of-way. b. Utility meters, transformers, and fixed trash disposal receptacles that cannot be located out of sign shall be screened from the public right- of-way by plantings or opaque fencing. c. The TRC may approve alterations to these standards in cases where they cannot be met due to design consideration of the structure and the intent of visual minimization of the feature is otherwise addressed. 2. Site Lighting All site lighting shall be located, angled, shielded, and/or limited in intensity to cast no direct light upon adjacent properties, shall minimize off -site backlighting glare, and up -lighting. Light posts shall be no taller than 20 feet. The TRC may approve alterations to these standards in cases where they cannot be met due to design consideration. Board of Commissioners - January 10, 2022 ITEM: 10- 3 - 3 2022-01 Board of Commissioners Public Hearing 3. Parking and Driveway Requirements a. Parking shall be provided in accordance with the requirements of Section 5.1: Parking and Loading, though shared parking may be allowed upon submittal of a parking study showing how parking as provided will be sufficient for permitted uses in accordance with Section 5.1.3. b. Surface parking shall be located to the side, rear or below buildings or in the interior of a block and shall be prohibited in front of buildings. Surface parking shall not be located along rights -of -way, except for alleys. The TRC may approve alterations to this standard in cases where locating parking to the side or rear is limited by existing site features, such as trees, or when this requirement is not consistent with the existing frontage pattern along the roadway. c. Surface parking lots visible from the public right-of-way shall be screened by permanent walks, shrubbery, or hedges at least 3 feet in height. If hedges or shrubbery are used, they shall be at 3 feet in height at the time of planting and shall be maintained at 3-5 feet in height at all times. d. Parking shall be accessed via alleyways wherever possible e. The design of all above -grade parking structures shall relate to the context of the area. Exterior walls of parking structures shall be designed with materials, colors, and architectural articulation in a manner that provides a visual compatibility with adjacent buildings and environment. All above -grade parking structures shall be screened by shrubbery or hedges at 4' to 6' in height. f. Pervious pavement materials, vegetated bio-infiltration parking lot islands, or infiltration systems shall be used to minimize pollutant run- off from surface parking areas to the extent that soil permeability, depth to groundwater, or site constraints allow. 4. Multi -Modal Transportation Opportunities a. Pedestrian circulation shall be clearly defined with paving, materials, and/or landscaping and shall connect all uses. Sidewalks and crosswalks shall be provided within new developments as necessary. b. Bicycle and/or pedestrian connectivity to adjacent development or existing or funded bicycle and pedestrian facilities. c. Where no sidewalks currently exist, sidewalks shall be installed within the right-of-way between the property line and the back of the curb. Sidewalk width shall be a minimum of 6 feet along arterial streets and 5 feet along residential/collector streets and may be reduced on internal private streets with TRC approval when context design constraints dictate or when project intensity and/or density indicate that 6 feet sidewalks will be sufficient to accommodate pedestrian traffic. d. Sidewalks may be limited to a single side of rights -of -way or private streets or sidewalk width may be reduced when right-of-way or private Board of Commissioners - January 10, 2022 ITEM: 10- 3 - 4 2022-01 Board of Commissioners Public Hearing street abuts streams, ponds, or wetlands or when contextual design constraints dictate, as determined by the TRC. e. An internal grid street pattern is required. Block faces within the grid pattern shall not exceed 400 feet in length. The grid pattern may be supplemented with alleys. The TRC may waive strict adherence to the grid pattern when sites are constrained by topography, including wetlands, ponds, or other natural features, and where connections to arterial streets and connections and relationships to adjacent sites require flexibility. A River Walk shall run in length a minimum of 90% of the river edge. The specific deign and route shall be developed in conjunction with the TRC, CAMA and USACE. The Riverwalk may combine raised and site surface areas to provide a tasteful unique overall design impact. River observation platforms shall be integrated throughout the walk as available but at a minimum a river platform shall be included at the start and end of each unconnected section of the Riverwalk. Wherever possible Riverwalk's of independent properties shall be connected to provide s contiguous overall design concept. 5. Street Trees Street tree plantings in below -grade planters or planting strips shall be included at the rate of one tree per 30 feet of frontage in all private rights - of -way and in public rights -of -way upon approval by NCDOT. The TRC may waive strict adherence to this requirement if an alley is utilized along all or portions of the street frontage. 6. Buffers and Streetyards • feet in ..idth required adjaGent to single family residential zoning Bufferyard and streetyard requirements will •- established as part of the Master Development Plan .•• • 7. Trash Containment Screening a. Trash containment areas shall be located within a building where possible. b. If trash containment, including areas for holding recycling, cannot be accommodated within a building, it shall be placed on the rear or side of the building and shall be completely enclosed and screened from view of public rights -of -way with an opaque fence or wall and/or plant materials, as approved by the TRC. The enclosure shall be at least one foot taller than the highest point of the trash receptacle. Chain link and exposed concrete blocks are prohibited. Board of Commissioners - January 10, 2022 ITEM: 10- 3 - 5 2022-01 Board of Commissioners Public Hearing 8. Fences and Walls Open wire fencing, including chain link, hurricane fencing, and barbed wire, is prohibited. No Fencing shall be permitted in front yards, all other fence heights may not exceed 4 feet. 9. Building Design It is the intent that a commonality of exterior design for all sites within the scope of the RUMXZ and its adjacent lands be complementary in design philosophy to develop a unified vista or skyline. a. Primary building entrances should be clearly distinctive from other entrances. Primary building entrances shall be oriented toward sidewalks along primary street frontages. b. Large expanses of flat, unadorned walls are prohibited. Fagades shall incorporate architectural details, particularly at the pedestrian level. Building fagades along rights -of -way shall incorporate periodic transitions across the fagade. Building fagades exceeding 30 feet in width along rights -of -way shall be divided into distinct areas utilizing methods including, but not limited to, fagade offsets, pilasters, changes in materials, or fenestration. c. New buildings shall front onto sidewalks to reinforce pedestrian activity along streets and pedestrian ways. Exterior burglar bars, fixed "riot shutters," or similar security devices shall not be visible from the public right-of-way or riverwalk. d. Exterior building materials for all new nonresidential or multifamily structures shall be of quality finish materials. Structural metal panels or unparged or non -architectural, non -decorative concrete block shall be prohibited on fagades visible from the public right-of-way or riverwalk. Finish materials shall include: Smooth exterior reflective energy rated glass rain screen systems: complementary metal cross braces or mullions, all non -porous products shall be energy rated. All exterior finish material must communicate the design philosophy of energy efficiency in a clean and modern compliment to the basic main building design. All fit and finish is to be compatible with energy star design standards. Colors are allowed but limited to those which compliment the basic main building skins. Board of Commissioners - January 10, 2022 ITEM: 10- 3 - 6 2022-01 Board of Commissioners Public Hearing 10. Site Resiliency and Protection of Environmental Resources a. A living shoreline, as defined by the US Army Corps of Engineers shall be established along all river frontages, excepting areas approved for portage for a river taxi/ferry purpose. b. Features of site and/or structure resiliency in addition to what is otherwise required to meet the minimum standards of this UDO and other County, state, and federal regulations shall be identified in the Terms & Conditions document and/or the MPD, Master Development Plan. 11. Compensating Community Benefits Other compensating community benefits shall be identified in the Terms & Conditions document and/or the MPD Master Plan. These benefits shall be in addition to what is otherwise required to meet the minimum standards of this UDO and other County, state, and federal regulations. They may include, but are not limited to improved site design, natural preservation, dedication of land or facilities, and green building practices. E. Reference to Other Standards Article 2: Measurements and Definitions Section 5.8 Open Space Requirements Section 5.1 Parking and Loading Section 5.9 Fire Hydrants Section 5.2 Traffic Access and Connectivity Section 5.10 Airport Height Restriction Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement Section 5.4 Landscaping and Buffering Article 7: Stormwater Management Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control Section 5.6 Signs Article 9: Flood Damage Prevention Section 5.7 Conservation Resources Article 11: Nonconforming Situations Board of Commissioners - January 10, 2022 ITEM: 10- 3 - 7 2022-01 Board of Commissioners Public Hearing Principal Use X v Agricultural and Forestry Uses, General [71-16-2020] P Livestock Sales Stable [11-16-20201 4.3.1 Wholesale Nursery Dwelling, Dual -Unit Attached P 4.3.2 Dwelling, Multi -Family [oS-03-2021] P* 4.3.2 Dwelling, Quadraplex P 4.3.2 Dwelling, Single -Family Detached P 4.3.2 Dwelling, Triplex P 4.3.2 Dwelling, Row -Style P 4.3.2 Dwelling, Two -Family (Duplex) P 4.3.2 Live/Work or Caretaker Unit P 4.3.2 Mobile Home 4.3.2 Mobile Home, Doublewide 4.3.2 Mobile Home Park 4.3.2 Mobile Home Subdivision Senior Living: Independent Living Retirement Community [77-16-2020] P Family Care Home P 4.3.2 Fraternity/Sorority Residence 4.3.2 Group Home 4.3.2 Senior Living: Assisted Living Facility (11- 76-20201 P 4.3.2 Senior Living: Continuing Care Retirement Community [11-16-20201 P 4.3.2 Adult Day Care P 4.3.3 Child Care Center P Family Child Care Home P 4.3.3 Animal Shelter [77-76-20201 4.3.3 Community Center [11-76-20201 P Food Pantry (11-m-2020] 4.3.3 Library P Lodges, Fraternal, & Social Organizations [71-16-20201 P 4.3.3 Museum P Religious Assembly [11-16-20201 P 4.3.3 Amateur Radio Antennas (up to 90 ft.) P* 4.3.3 Antenna & Towers less than 70 ft. in Principal Use X v v Height & Ancillary to the Principal Use Collocation, Wireless fog-os-2o2o] P 4.3.3 Non -Substantial Modification [09-08-2020] P 4.3.3 Other Wireless Communication Facilities including Wireless Support Structures & Substantial Modifications [o9-o8-2o2o] S 4.3.3 Colleges, Universities, and Professional Schools Elementary and Secondary Schools Vocation or Trade School Emergency Services Facility [77-76-2020] Government Offices and Buildings Post Office [17-76-20201 P Hospice [77-76-2020] Hospital 4.3.3 Medical and Dental Office and Clinic P Nursing and Rehabilitation Center P 4.3.3 Urgent Care Facility [77-16-2020] P* 4.3.3 Boating Facility, Community S* 4.3.3 Boating Facility, Private Residential P* 4.3.3 Cemetery 4.3.3 Community Garden g7-76-2020] P Golf Course Park and Recreation Area P Airport and Terminal Bus and Taxi Terminal [77-76-20201 P Heliport P Marina, Commercial P 4.3.3 Marina, Commercial with Floating Structures [17-76-2020] 4.3.3 Railroad Freight Depot Railroad Passenger Terminal Water Transportation Facilities P Electric Substation P 4.3.3 Solar Energy Collection Facility Utility Lines, Structures, and/or Facilities; General P* 4.3.3 Adult Entertainment Establishment 4.3.4 Bar/Nightclub P Board of Commissioners - January 10, 2022 ITEM: 10- 3 - 8 2022-01 Board of Commissioners Public Hearing Principal Use X v Electronic Gaming Operation 4.3.4 Event Center (11-16-20201 P 4.3.4 Indoor Recreation Establishment P 4.3.4 Outdoor Recreation Establishment P 4.3.4 Outdoor Shooting Range 4.3.4 Animal Grooming Service (11-16-20201 P 4.3.4 Equestrian Facility [11-16-20201 4.3.4 Kennel pi-16-2o2o] P 4�4 Veterinary Service (11-16-20201 P Bank and/or Financial Institution P Business Service Center P Commercial Parking Lot or Facility P Funeral Services Mini-Warehouse/Self-Storage Off -Premises Advertising 4.3.4 Repair Shop P Commercial Kitchen, Catering [11-16-20201 Microbrewery/Microdistillery (11-16-20201 P Restaurant P Bed and Breakfast Inn 4.3.4 Campground/Recreational Vehicle (RV) Park 4.3.4 Hotel or Motel P Contractor Office 4.3.4 Labor Organization Offices for Private Business and Professional Activities P Dry Cleaning/Laundry Plant Instructional Services and Studios 111-16- 20201 P Personal Services, General P Auction House pi-m-2o2o1 Convenience Store [11-16-20201 P 4.3.4 Food Market P Grocery Store P Oil or Gas Dealer, Retail 111-16-20201 Pharmacy P Retail Nursery Retail Sales, Building and Construction Principal Use X v v � v a) Supplies Retail Sales, General P Boat Dealer Car Wash 4.3.4 Equipment Rental and Leasing Farm Implement Sales Fuel Sales 4.3.4 Mobile Home and Prefab Building Sales Transportation Vehicle Service and Storage Facility fn-m-2o201 Vehicle Rentals S 4.3.4 Vehicle Sales Vehicle Service Station, Large Vehicles Vehicle Service Station, Minor 4.3.4 (11-16-20201 Vehicle Service Station, Major Vehicle Towing Service and Storage 4.3.4 Yard Broadcasting and Production Studio P Data Center 111-16-20201 Research and Development Facility Artisan Manufacturing 4.3.5 (11-16-20201 Animal Food Manufacturing (NAICS 3111) Bakeries and Tortilla Manufacturing (NAICS 3118) Dairy Product Manufacturing (NAICS 3115) Fruit and Vegetable Preserving and Specialty Food Manufacturing (NAICS 3114) Grain and Oilseed Manufacturing (NAICS 3112) Other Food Manufacturing (NAICS 3119) Seafood Product Preparation and Packaging (NAICS 3117) Sugar and Confectionary Product Manufacturing (NAICS 3113) Beverage Manufacturing (NAICS 3121) Tobacco Manufacturing (NAICS 3122) Board of Commissioners - January 10, 2022 ITEM: 10- 3 - 9 2022-01 Board of Commissioners Public Hearing Principal Use X v Fabric Mills (NAICS 3132) Fiber, Yarn, and Thread Mills (NAICS 3131) Textile and Fabric Finishing and Fabric Coating Mills (NAICS 3133) Other Textile Product Mills (NAICS 3149) Textile Furnishings Mill (NAICS 3141) Apparel Accessories and Other Apparel Manufacturing (NAICS 3159) Apparel Knitting Mills (NAICS 3151) Cut and Sew Apparel Manufacturing (NAICS 3152) Footwear Manufacturing (NAICS 3162) Leather and Hide Tanning and Finishing (NAICS 3161) Other Leather and Allied Product Manufacturing (NAICS 3169) Other Wood Product Manufacturing (NAICS 3219) Sawmills and Wood Preservation (NAICS 3211) Veneer, Plywood, and Engineered Wood Product Manufacturing (NAICS 3212) Converted Paper Product Manufacturing (NAICS 3222) Printing and Related Support Activities (NAICS 3231) Basic Chemical Manufacturing (NAICS 3251) Other Chemical Product and Preparation (NAICS 3259) [Except Explosives Manufacturing (NAICS 325920) and All Other Miscellaneous Chemical Product and Preparation Manufacturing (NAICS 325998)] Paint, Coating, and Adhesive Manufacturing (NAICS 3255) Pharmaceutical and Medicine Manufacturing (NAICS 3254) Resin, Synthetic Rubber, and Artificial Synthetic Fibers and Filaments Manufacturing (NAICS 3252) Principal Use X v v � v Soap, Cleaning Compound, and Toilet Preparation Manufacturing (NAICS 3256) Plastics Product Manufacturing (NAICS 3261) Rubber Product Manufacturing (NAICS 3262) Cement and Concrete Product Manufacturing (NAICS 3273) [Except Cement Manufacturing (NAICS 32731)] Clay Product and Refractory Manufacturing (NAICS 3271) Glass and Glass Product Manufacturing (NAICS 3272) Other Nonmetallic Mineral Product Manufacturing (NAICS 3279) Alumina and Aluminum Production and Processing (NAICS 3313) [Except Alumina Refining and Primary Aluminum Production (NAICS 331313) and Secondary Smelting and Allowing of Aluminum (NAICS 331314)] Iron and Steel Mills and Ferroalloy Manufacturing (NAICS 3311) Nonferrous Metal (except Aluminum) Production & Processing (NAICS 3314) Steel Product Manufacturing from Purchased Steel (NAICS 3312) Architectural and Structural Metals Manufacturing (NAICS 3323) Boiler, Tank, and Shipping Container Manufacturing (NAICS 3324) Coating, Engraving, Heat Treating, and Allied Activities (NAICS 3328) Cutlery and Handtool Manufacturing (NAICS 3322) Forging and Stamping (NAICS 3321) Hardware Manufacturing (NAICS 3325) Machine Shops: Turned Product; and Screw, Nut, and Bolt Manufacturing (NAICS 3327) Other Fabricated Metal Product Manufacturing (NAICS 3329) Spring and Wire Product Manufacturing Board of Commissioners - January 10, 2022 ITEM: 10- 3 - 10 2022-01 Board of Commissioners Public Hearing Principal Use X v (NAICS 3326) Agriculture, Construction, and Mining Machinery Manufacturing (NAICS 3331) Commercial and Service Industry Machinery Manufacturing (NAICS 3333) Engine, Turbine, and Power Transmission Equipment Manufacturing (NAICS 3336) Industrial Machinery Manufacturing (NAICS 3332) Metalworking Machinery Manufacturing (NAICS 3335) Other General Purpose Machinery Manufacturing (NAICS 3339) Ventilation, Heating, Air -Conditioning, and Commercial Refrigeration Equipment Manufacturing (NAICS 3334) Audio and Video Equipment Manufacturing (NAICS 3343) Communications Equipment Manufacturing (NAICS 3342) Computer and Peripheral Equipment Manufacturing (NAICS 3341) Navigational, Measuring, Electromedical, and Control Instruments Manufacturing (NAICS 3345) Manufacturing and Reproducing Magnetic and Optical Media (NAICS 3346) Semiconductor and Other Electronic Component Manufacturing (NAICS 3344) Electrical Equipment Manufacturing (NAICS 3353) Electric Lighting Equipment Manufacturing (NAICS 3351) Household Appliance Manufacturing (NAICS 3352) Other Electrical Equipment and Component Manufacturing (NAICS 3359) Aerospace Product and Parts Principal Use X v v � v Manufacturing (NAICS 3364) Motor Vehicle Body and Trailer Manufacturing (NAICS 3362) Motor Vehicle Manufacturing (NAICS 3361) Motor Vehicle Parts Manufacturing (NAICS 3363) Other Transportation Equipment Manufacturing (NAICS 3369) Railroad Rolling Stock Manufacturing (NAICS 3365) Ship and Boat Building (NAICS 3366) Household and Institutional Furniture and Kitchen Cabinet Manufacturing (NAICS 3371) Office Furniture (including Fixtures) Manufacturing (NAICS 3372) Other Furniture Related Product Manufacturing (NAICS 3379) Medical Equipment and Supplies Manufacturing (NAICS 3391) Other Miscellaneous Manufacturing (NAICS 3399) All Other Miscellaneous Chemical Product and Preparation Manufacturing (NAICS 325998) Alumina Refining and Primary Aluminum Production (NAICS 331313) Animal Slaughtering and Processing (NAICS 3116) Cement Manufacturing (NAICS 32731) Explosives Manufacturing (NAICS 325920) Foundries (NAICS 3315) Lime and Gypsum Product Manufacturing (NAICS 3274) Pesticide, Fertilizer, and Other Agricultural Chemical Manufacturing (NAICS 3253) Petroleum and Coal Products Manufacturing (NAICS 3241) Pulp, Paper, and Paperboard Mills (NAICS 3221) Board of Commissioners - January 10, 2022 ITEM: 10- 3 - 11 2022-01 Board of Commissioners Public Hearing Principal Use IN� X v v af a, cc Secondary Smelting and Alloying of Aluminum (NAICS 331314) Electricity Generating Facilities Fuel Bulk Storage Facilities Mining & Quarrying, High Intensity 4.3.5 Mining & Quarrying, Low Intensity 4.3.5 Sanitary Landfill (NAICS 562212) 4.3.5 Dry Stack Boat Storage Facility, Stand - Alone Motor Freight Transportation Warehousing Recreational Vehicle and Boat Trailer 4.3.5 Storage Lot [11-16-20201 Warehousing [77-76-20201 4.3.5 Wholesaling 4.3.5 Wholesaling Seafood with Water Frontage [11-76-20201 Commercial Recycling Facility, Large 4.3.5 Collection [71-16-20201 Commercial Recycling Facility, 4.3.5 Processing [77-16-20201 Commercial Recycling Facility, Processing and Collection 4.3.5 [17-16-20201 Commercial Recycling Facility, Small Collection [77-76-20201 4.3.5 Landfill, Demolition 4.3.5 Landfill, Landscape 4.3.5 Junk Yards, Scrap Processing 4.3.5 Septage, Sludge Disposal 4.3.5 Board of Commissioners - January 10, 2022 ITEM: 10- 3 - 12 Board of Commissioners - January 10, 2022 ITEM: 10- 3 - 13 2022-01 Board of Commissioners Public Hearing Accessory Use D Qc Accessory Dwelling Unit P Accessory Structure P Accessory Use, Customary P Dry Stack Boat Storage Facility, at a P Marina Electronic Gaming Operation Electric Vehicle Charging Station [11-16-20201 P Farm Stand P Home Occupation (77-16-2020] Residential Private Pier Solar Energy Collection Facility, Accessory [77-76-20201 RV or Travel Trailer Dwelling [09-08-20201 Small Watercraft Storage [09-08-2020] Stormwater Facilities on Contiguous P Properties Wind Energy Collection Facility, Accessory [11-16-20201 Temporary Use D CC Circuses, Carnivals, and Fairs P Construction Office P Debris Site m-16-20201 P Farmers' Market Seasonal Sales Special Fundraising for Non-profit Organizations P Temporary Emergency Services Facility r77- 76-20201 P Temporary Family Healthcare Structure [77-76-20201 P Temporary Real Estate Office/Model P Temporary Relocation Housing P Travel Trailers Board of Commissioners - January 10, 2022 ITEM: 10- 3 - 14 APPLICANT MATERIALS Board of Commissioners - January 10, 2022 ITEM: 10- 4 - 1 NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 1 10 Wilmington, North Carolina 28403 Telephone (910) 798-7165 FAX (910) 798-7053 planningdevelopment.nhcgov.com UDO TEXT AMENDMENT APPLICATION This application form must be completed as part of a text amendment application submitted through the county's online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the application, are set out in Section 10.3.1 of the Unified Development Ordinance. (Optional) Pre-Applacntldn Conference 1. Applicant Information City, State, Zip Public Hearing Procedures Page 1 of 3 Board of Commissioners - January TQxi2A4 ent Application —Updated 12-2020 ITEM: 10- 5 - 1 2. Proposed Amendment Current Unified Development Ordinance (UDO) Article: Current UDO Section(s) and Subsection(s): Proposed amendment to the above sections)/subsection(s) (attach additional pages if necessary): Reason for request, citing consistency with 2016 Comprehensive Plan and any other relevant plans, development trends, problems posed by existing language, etc. (attach additional pages if necessary): Page 2 of 3 Board of Commissioners - January M)ROWendment Application — Updated 12-2020 ITEM: 10- 5 - 2 Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under "Applicant Initial'. Applications determined to be incomplete must be corrected in order to be processed for further review. Application Checklist Applicant Initial ❑ This application form, completed and signed ❑ Application fee: $400 ❑ One copy of ALL documents. Additional hard copies may be required by staff depending on the size of the document. 3. Acknowledgement and Signatures By my signature below, I understand and accept all of the conditions, limitations and obligations of the text amendment for which I am applying. I certify that this application is complete and that all information presented in this application is accurate to the b a my knowledge, information, and belief. Signature of App cant(s) Print Names) If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will be calendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. Page 3 of 3 Board of Commissioners - January T®xi2 ndment Application — Updated 12-2020 ITEM: 10- 5 - 3 Board of Commissioners - January 10, 2022 ITEM: 10- 5 - 4 3.3.4 RIVERFRONT URBAN MIXED -USE ZONING (UMXZ) A. Purpose The Riverfront Urban Mixed -Use Zoning (RUMXZ) District is established to meet the following seven primary objectives in the areas of New Hanover County fronting the Cape Fear River or Cape Fear River Northeast extension in the proximity of the City of Wilmington and those intended for urban or community scale mixed use development: • Enhance and preserve environmentally sensitive areas along the river; to encourage the efficient mixed use development pattern envisioned in the Comprehensive Plan fronting the Cape Fear or Cape Fear Northeast Extension. The zone shall require that all river frontage be of a "living shoreline" as defined by the USACE, exception will only be allowed when approved for portage for a "river taxi/ferry" service. • Protect public access to the river through the creation of quality public spaces. • Preserve cultural and natural resources. • Ensure quality design and a variety of built forms that result in a pedestrian scale that allows vistas to the east, City of Wilmington, and west from developed pedestrian walkways, bicycle paths, and Riverwalk. The zone must provide as a compelling skyline. • Promote and enhance transit options, particularly pedestrian and water -oriented transportation options. • Provide an opportunity for intensive development consistent with the urban form; • Encourage a mix of uses that fosters a sense of community and create a destination for residents and visitors alike. The district regulations include design elements intended to enhance the urban form, increase neighborhood safety, through the adaptation ncpc recommendations, and add flexibility for small lot development. Integrated mix of uses on development sites and within individual buildings is encouraged along the riverfront of the Cape Fear and Cape Fear Northeast Extension Rivers. RUMXZ zoning is intended to promote mixed -use developments on sites large enough to create a mix of uses in the current Industrial Zoned areas along the Riverfront of the Cape Fear and Cape Fear Northeast Rivers in accordance with the NHC Future Use Master Plan. Typically, these developments will include creative development and redevelopment solutions. Board of Commissioners - January 10, 2022 ITEM: 10- 6 - 1 B. Concepts Board ofCommissioners ' January 10.2O22 Board of Commissioners - January 10, 2022 ITEM: 10- 6 - 3 Board of Commissioners - January 10, 2022 ITEM: 10- 6 - 4 C. Use Standards Allowed uses and use -specific standards for principal, accessory, and temporary uses are established in Article 4, Uses and Use Specific Standards. All RUMXZ projects shall include a mix of both residential and nonresidential uses. Board of Commissioners - January 10, 2022 ITEM: 10- 6 - 5 D. District Dimensional Standards Standard I All Uses Minimum district size (acres) 5 Maximum district size(acres) 10 Setbacks Minimum distance from single family 35 feet for buildings <_ 35 feet in height residential zoning districts 45 feet for buildings > 35 feet in height 1 Maximum distance from any street 10* (feet) Maximum height along arterial streets 240 feet by -right Maximum height along residential & 240 feet collector streets Maximum height along arterial & 240 feet collector streets Maximum Hospitality dwelling density 50 (dwelling units/acre Minimum multi -family residential 50 density (dwelling units/acre Maximum vertically integrated mixed - use building density (dwelling/ 100 hospitality units/acre) *Front setbacks are not required along alleyways; TRC may waive strict adherence to requirement where an existing easement or significant natural feature exists. New Diagrams to be added here. Board of Commissioners - January 10, 2022 ITEM: 10- 6 - 6 E. Reference to Other Standards 1. Utility and Equipment Screening a. HVAC equipment, air conditioning window units, and other electrical equipment, and fire escapes shall not be located on facades with street frontage. All such equipment shall be placed in the interior yards or inset into the roof pitch, or behind a parapet wall in the case of a flat roof, of the building and screened from the right-of-way. b. Utility meters, transformers, and fixed trash disposal receptacles that cannot be located out of sign shall be screened from the public right- of-way by plantings or opaque fencing. c. The TRC may approve alterations to these standards in cases where they cannot be met due to design consideration of the structure and the intent of visual minimization of the feature is otherwise addressed. 2. Site Lighting All site lighting shall be located, angled, shielded, and/or limited in intensity to cast no direct light upon adjacent properties, shall minimize off -site backlighting glare, and up -lighting. Light posts shall be no taller than 20 feet. The TRC may approve alterations to these standards in cases where they cannot be met due to design consideration. 3. Parking and Driveway Requirements a. Parking shall be provided in accordance with the requirements of Section 5.1: Parking and Loading, though shared parking may be allowed upon submittal of a parking study showing how parking as provided will be sufficient for permitted uses. b. Surface parking shall be located to the side, rear or below buildings or in the interior of a block and shall be prohibited in front of buildings. Surface parking shall not be located along rights -of -way, except for alleys. The TRC may approve alterations to this standard in cases where locating parking to the side or rear is limited by existing site features, such as trees, or when this requirement is not consistent with the existing frontage pattern along the roadway. c. Surface parking lots visible from the public right-of-way shall be screened by permanent walks, shrubbery, or hedges at least 3 feet in height. If hedges or shrubbery are used, they shall be at 3 feet in height at the time of planting and shall be maintained at 3-5 feet in height at all times. d. Parking shall be accessed via alleyways wherever possible. e. The design of all above -grade parking structures shall relate to the context of the area. Exterior walls of parking structures shall be designed with materials, colors, and architectural articulation in a manner that provides a visual compatibility with adjacent buildings and environment. All above -grade parking structures shall be screened by shrubbery or hedges at 4' to 6' in height. Board of Commissioners - January 10, 2022 ITEM: 10- 6 - 7 Pervious pavement materials, vegetated bio-infiltration parking lot islands, or infiltration systems shall be used to minimize pollutant run- off from surface parking areas to the extent that soil permeability, depth to groundwater, or site constraints allow. 4. Multi -Modal Transportation Opportunities a. Pedestrian circulation shall be clearly defined with paving, materials, and/or landscaping and shall connect all uses. Sidewalks and crosswalks shall be provided within new developments as necessary. b. Bicycle and/or pedestrian connectivity to adjacent development or existing or funded bicycle and pedestrian facilities. c. Where no sidewalks currently exist, sidewalks shall be installed within the right-of-way between the property line and the back of the curb. Sidewalk width shall be a minimum of 6 feet along arterial streets and 5 feet along residential/collector streets and may be reduced on internal private streets with TRC approval when context design constraints dictate or when project intensity and/or density indicate that 6 feet sidewalks will be sufficient to accommodate pedestrian traffic. d. Sidewalks may be limited to a single side of rights -of -way or private streets or sidewalk width may be reduced when right-of-way or private street abuts streams, ponds, or wetlands or when contextual design constraints dictate, as determined by the TRC. e. An internal grid street pattern is required. Block faces within the grid pattern shall not exceed 400 feet in length. The grid pattern may be supplemented with alleys. The TRC may waive strict adherence to the grid pattern when sites are constrained by topography, including wetlands, ponds, or other natural features, and where connections to arterial streets and connections and relationships to adjacent sites require flexibility. A River Walk shall run in length a minimum of 90% of the river edge. The specific deign and route shall be developed in conjunction with the TRC, CAMA and USACE. The Riverwalk may combine raised and site surface areas to provide a tasteful unique overall design impact. River observation platforms shall be integrated throughout the walk as available but at a minimum a river platform shall be included at the start and end of each unconnected section of the Riverwalk. Wherever possible Riverwalk's of independent properties shall be connected to provide s contiguous overall design concept. 5. Street Trees Street tree plantings in below -grade planters or planting strips shall be included at the rate of one tree per 30 feet of frontage in all private rights - of -way and in public rights -of -way upon approval by NCDOT. The TRC may waive strict adherence to this requirement if an alley is utilized along all or portions of the street frontage. Board of Commissioners - January 10, 2022 ITEM: 10- 6 - 8 6. Buffers and Streetyards All development within the RUMXZ district may be exempted from required buffers and streetyard requirements, as approved by the TRC when contextual design constraints dictate or when other design and/or landscaping features of the development serve to meet the needs of buffering and/or streetyard requirements. A minimum buffer of at least 20 feet in width is required adjacent to single-family residential zoning districts. 7. Trash Containment Screening a. Trash containment areas shall be located within a building where possible. b. If trash containment, including areas for holding recycling, cannot be accommodated within a building, it shall be placed on the rear or side of the building and shall be completely enclosed and screened from view of public rights -of -way with an opaque fence or wall and/or plant materials, as approved by the TRC. The enclosure shall be at least one foot taller than the highest point of the trash receptacle. Chain link and exposed concrete blocks are prohibited. 8. Fences and Walls Open wire fencing, including chain link, hurricane fencing, and barbed wire, is prohibited. No Fencing shall be permitted in front yards, all other fence heights may not exceed 4 feet. 9. Building Design It is the intent that a commonality of exterior design for all sites within the scope of the RUMXZ and its adjacent lands be complementary in design philosophy to develop a unified vista or skyline. a. Primary building entrances should be clearly distinctive from other entrances. Primary building entrances shall be oriented toward sidewalks along primary street frontages. b. Large expanses of flat, unadorned walls are prohibited. Fagades shall incorporate architectural details, particularly at the pedestrian level. Building fagades along rights -of -way shall incorporate periodic transitions across the fagade. Building fagades exceeding 30 feet in width along rights -of -way shall be divided into distinct areas utilizing methods including, but not limited to, fagade offsets, pilasters, changes in materials, or fenestration. c. New buildings shall front onto sidewalks to reinforce pedestrian activity along streets and pedestrian ways. Exterior burglar bars, fixed "riot shutters," or similar security devices shall not be visible from the public right-of-way. d. Exterior building materials for all new nonresidential or multifamily structures shall be of quality finish materials. Structural metal panels or unparged or non -architectural, non -decorative concrete block shall be prohibited on fagades visible from the public right-of-way. Finish Board of Commissioners - January 10, 2022 ITEM: 10- 6 - 9 materials shall include: Smooth exterior reflective energy rated glass rain screen systems: complementary metal cross braces or mullions, all non -porous products shall be energy rated. All exterior finish material must communicate the design philosophy of energy efficiency in a clean and modern compliment to the basic main building design. All fit and finish is to be compatible with energy star design standards. Colors are allowed but limited to those which compliment the basic main building skins. F. Reference to Other Standards Article 2: Measurements and Definitions Section 5.8 Open Space Requirements Section 5.1 Parking and Loading Section 5.9 Fire Hydrants Section 5.2 Traffic Access and Connectivity Section 5.10 Airport Height Restriction Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement Section 5.4 Landscaping and Buffering Article 7: Stormwater Management Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control Section 5.6 Signs Article 9: Flood Damage Prevention Section 5.7 Conservation Resources Article 11: Nonconforming Situations Board of Commissioners - January 10, 2022 ITEM: 10- 6 - 10 Board of Commissioners - January 10, 2022 ITEM: 10- 6 - 11 Principal Use X D v v Agricultural and Forestry Uses, General [71-16-2020] Livestock Sales Stable [11-16-2020] 4.3.1 Wholesale Nursery Dwelling, Dual -Unit Attached P 4.3.2 Dwelling, Multi -Family dos-03-20211 P* 4.3.2 Dwelling, Quadraplex P 4.3.2 Dwelling, Single -Family Detached P 4.3.2 Dwelling, Triplex P 4.3.2 Dwelling, Row -Style P 4.3.2 Dwelling, Two -Family (Duplex) P 4.3.2 Live/Work or Caretaker Unit P* 4.3.2 Mobile Home 4.3.2 Mobile Home, Doublewide 4.3.2 Mobile Home Park 4.3.2 Mobile Home Subdivision Senior Living: Independent Living Retirement Community (11-16-2020] P Family Care Home 4.3.2 Fraternity/Sorority Residence 4.3.2 Group Home 4.3.2 Senior Living: Assisted Living Facility [17- 76-20201 P 4.3.2 Senior Living: Continuing Care Retirement Community [71-76-2020] P 4.3.2 Adult Day Care P 4.3.3 Child Care Center P Family Child Care Home 4.3.3 Animal Shelter [17-16-2020] 4.3.3 Community Center [11-16-2o2o] P Food Pantry [77-76-20201 4.3.3 Library P Lodges, Fraternal, & Social Organizations [77-76-2020] P 4.3.3 Museum P Religious Assembly [11-16-2020] P 4.3.3 Amateur Radio Antennas (up to 90 ft.) 4.3.3 Antenna & Towers less than 70 ft. in P* 4.3.3 Principal Use X v v Height & Ancillary to the Principal Use Collocation, Wireless fog-os-2o2o] 4.3.3 Non -Substantial Modification [09-08-2020] 4.3.3 Other Wireless Communication Facilities including Wireless Support Structures & Substantial Modifications [09-08-2020] 4.3.3 Colleges, Universities, and Professional Schools Elementary and Secondary Schools Vocation or Trade School Emergency Services Facility (11-16-2020] Government Offices and Buildings Post Office [77-16-2020] P Hospice [11-16-20201 Hospital 4.3.3 Medical and Dental Office and Clinic P Nursing and Rehabilitation Center P 4.3.3 Urgent Care Facility [11-16-2020] P* 4.3.3 Boating Facility, Community S* 4.3.3 Boating Facility, Private Residential P* 4.3.3 Cemetery 4.3.3 Community Garden [11-16-20201 P Golf Course Park and Recreation Area P Airport and Terminal Bus and Taxi Terminal 171-76-20201 P Heliport P Marina, Commercial P 4.3.3 Marina, Commercial with Floating Structures [77-16-2020] Pb e 4.3.3 Railroad Freight Depot Railroad Passenger Terminal Water Transportation Facilities P Electric Substation P 4.3.3 Solar Energy Collection Facility Utility Lines, Structures, and/or Facilities; General P* 4.3.3 Adult Entertainment Establishment 4.3.4 Bar/Nightclub P Board of Commissioners - January 10, 2022 ITEM: 10- 6 - 12 Principal Use X v a) Electronic Gaming Operation 4.3.4 Event Center 171-76-20201 P 4.3.4 Indoor Recreation Establishment P 4.3.4 Outdoor Recreation Establishment P 4.3.4 Outdoor Shooting Range 4.3.4 Animal Grooming Service [71-76-20201 P 4.3.4 Equestrian Facility [77-16-20201 4.3.4 Kennel (11-m-2o2o] P 4.3.4 Veterinary Service [77-76-2020] P Bank and/or Financial Institution P Business Service Center P Commercial Parking Lot or Facility P Funeral Services Mini-Warehouse/Self-Storage Off -Premises Advertising 4.3.4 Repair Shop P Commercial Kitchen, Catering [11-16-20201 Microbrewery/Microdistillery [77-76-20201 P Restaurant P Bed and Breakfast Inn 4.3.4 Campground/Recreational Vehicle (RV) Park 4.3.4 Hotel or Motel P Contractor Office 4.3.4 Labor Organization Offices for Private Business and Professional Activities P Dry Cleaning/Laundry Plant Instructional Services and Studios [11-16- 20201 P Personal Services, General P Auction House (11-16-2020] Convenience Store [11-16-20201 P 4.3.4 Food Market P Grocery Store P Oil or Gas Dealer, Retail (77-76-2o2o] Pharmacy P Retail Nursery Retail Sales, Building and Construction v Principal Use X a) D Cr Supplies Retail Sales, General P Boat Dealer Car Wash 4.3.4 Equipment Rental and Leasing Farm Implement Sales Fuel Sales 4.3.4 Mobile Home and Prefab Building Sales Transportation Vehicle Service and Storage Facility [71-16-20201 Vehicle Rentals S 4.3.4 Vehicle Sales Vehicle Service Station, Large Vehicles Vehicle Service Station, Minor 4.3.4 [77-76-2020] Vehicle Service Station, Major Vehicle Towing Service and Storage 4.3.4 Yard Broadcasting and Production Studio P Data Center [77-76-2020] Research and Development Facility Artisan Manufacturing 4.3.5 [77-16-2020] Animal Food Manufacturing (NAICS 3111) Bakeries and Tortilla Manufacturing (NAICS 3118) Dairy Product Manufacturing (NAICS 3115) Fruit and Vegetable Preserving and Specialty Food Manufacturing (NAICS 3114) Grain and Oilseed Manufacturing (NAICS 3112) Other Food Manufacturing (NAICS 3119) Seafood Product Preparation and Packaging (NAICS 3117) Sugar and Confectionary Product Manufacturing (NAICS 3113) Beverage Manufacturing (NAICS 3121) Tobacco Manufacturing (NAICS 3122) Board of Commissioners - January 10, 2022 ITEM: 10- 6 - 13 v Principal Use X a) Fabric Mills (NAICS 3132) Fiber, Yarn, and Thread Mills (NAICS 3131) Textile and Fabric Finishing and Fabric Coating Mills (NAICS 3133) Other Textile Product Mills (NAICS 3149) Textile Furnishings Mill (NAICS 3141) Apparel Accessories and Other Apparel Manufacturing (NAICS 3159) Apparel Knitting Mills (NAICS 3151) Cut and Sew Apparel Manufacturing (NAICS 3152) Footwear Manufacturing (NAICS 3162) Leather and Hide Tanning and Finishing (NAICS 3161) Other Leather and Allied Product Manufacturing (NAICS 3169) Other Wood Product Manufacturing (NAICS 3219) Sawmills and Wood Preservation (NAICS 3211) Veneer, Plywood, and Engineered Wood Product Manufacturing (NAICS 3212) Converted Paper Product Manufacturing (NAICS 3222) Printing and Related Support Activities (NAICS 3231) Basic Chemical Manufacturing (NAICS 3251) Other Chemical Product and Preparation (NAICS 3259) [Except Explosives Manufacturing (NAICS 325920) and All Other Miscellaneous Chemical Product and Preparation Manufacturing (NAICS 325998)] Paint, Coating, and Adhesive Manufacturing (NAICS 3255) Pharmaceutical and Medicine Manufacturing (NAICS 3254) Resin, Synthetic Rubber, and Artificial Synthetic Fibers and Filaments Manufacturing (NAICS 3252) v Principal Use X v D Soap, Cleaning Compound, and Toilet Preparation Manufacturing (NAICS 3256) Plastics Product Manufacturing (NAICS 3261) Rubber Product Manufacturing (NAICS 3262) Cement and Concrete Product Manufacturing (NAICS 3273) [Except Cement Manufacturing (NAICS 32731)] Clay Product and Refractory Manufacturing (NAICS 3271) Glass and Glass Product Manufacturing (NAICS 3272) Other Nonmetallic Mineral Product Manufacturing (NAICS 3279) Alumina and Aluminum Production and Processing (NAICS 3313) [Except Alumina Refining and Primary Aluminum Production (NAICS 331313) and Secondary Smelting and Allowing of Aluminum (NAICS 331314)] Iron and Steel Mills and Ferroalloy Manufacturing (NAICS 3311) Nonferrous Metal (except Aluminum) Production & Processing (NAICS 3314) Steel Product Manufacturing from Purchased Steel (NAICS 3312) Architectural and Structural Metals Manufacturing (NAICS 3323) Boiler, Tank, and Shipping Container Manufacturing (NAICS 3324) Coating, Engraving, Heat Treating, and Allied Activities (NAICS 3328) Cutlery and Handtool Manufacturing (NAICS 3322) Forging and Stamping (NAICS 3321) Hardware Manufacturing (NAICS 3325) Machine Shops: Turned Product; and Screw, Nut, and Bolt Manufacturing (NAICS 3327) Other Fabricated Metal Product Manufacturing (NAICS 3329) Spring and Wire Product Manufacturing Board of Commissioners - January 10, 2022 ITEM: 10- 6 - 14 v Principal Use X a) (NAICS 3326) Agriculture, Construction, and Mining Machinery Manufacturing (NAICS 3331) Commercial and Service Industry Machinery Manufacturing (NAICS 3333) Engine, Turbine, and Power Transmission Equipment Manufacturing (NAICS 3336) Industrial Machinery Manufacturing (NAICS 3332) Metalworking Machinery Manufacturing (NAICS 3335) Other General Purpose Machinery Manufacturing (NAICS 3339) Ventilation, Heating, Air -Conditioning, and Commercial Refrigeration Equipment Manufacturing (NAICS 3334) Audio and Video Equipment Manufacturing (NAICS 3343) Communications Equipment Manufacturing (NAICS 3342) Computer and Peripheral Equipment Manufacturing (NAICS 3341) Navigational, Measuring, Electromedical, and Control Instruments Manufacturing (NAICS 3345) Manufacturing and Reproducing Magnetic and Optical Media (NAICS 3346) Semiconductor and Other Electronic Component Manufacturing (NAICS 3344) Electrical Equipment Manufacturing (NAICS 3353) Electric Lighting Equipment Manufacturing (NAICS 3351) Household Appliance Manufacturing (NAICS 3352) Other Electrical Equipment and Component Manufacturing (NAICS 3359) Aerospace Product and Parts v Principal Use X v D Manufacturing (NAICS 3364) Motor Vehicle Body and Trailer Manufacturing (NAICS 3362) Motor Vehicle Manufacturing (NAICS 3361) Motor Vehicle Parts Manufacturing (NAICS 3363) Other Transportation Equipment Manufacturing (NAICS 3369) Railroad Rolling Stock Manufacturing (NAICS 3365) Ship and Boat Building (NAICS 3366) Household and Institutional Furniture and Kitchen Cabinet Manufacturing (NAICS 3371) Office Furniture (including Fixtures) Manufacturing (NAICS 3372) Other Furniture Related Product Manufacturing (NAICS 3379) Medical Equipment and Supplies Manufacturing (NAICS 3391) Other Miscellaneous Manufacturing (NAICS 3399) All Other Miscellaneous Chemical Product and Preparation Manufacturing (NAICS 325998) Alumina Refining and Primary Aluminum Production (NAICS 331313) Animal Slaughtering and Processing (NAICS 3116) Cement Manufacturing (NAICS 32731) Explosives Manufacturing (NAICS 325920) Foundries (NAICS 3315) Lime and Gypsum Product Manufacturing (NAICS 3274) Pesticide, Fertilizer, and Other Agricultural Chemical Manufacturing (NAICS 3253) Petroleum and Coal Products Manufacturing (NAICS 3241) Pulp, Paper, and Paperboard Mills (NAICS 3221) Board of Commissioners - January 10, 2022 ITEM: 10- 6 - 15 v Principal Use X v Secondary Smelting and Alloying of Aluminum (NAICS 331314) Electricity Generating Facilities Fuel Bulk Storage Facilities Mining & Quarrying, High Intensity 4.3.5 Mining & Quarrying, Low Intensity 4.3.5 Sanitary Landfill (NAICS 562212) 4.3.5 Dry Stack Boat Storage Facility, Stand - Alone Motor Freight Transportation Warehousing Recreational Vehicle and Boat Trailer 4.3.5 Storage Lot [11-16-20201 Warehousing [77-16-20201 4.3.5 Wholesaling 4.3.5 Wholesaling Seafood with Water Frontage [11-76-20201 Commercial Recycling Facility, Large 4.3.5 Collection [71-16-20201 Commercial Recycling Facility, 4.3.5 Processing [71-16-20201 Commercial Recycling Facility, Processing and Collection 4.3.5 [17-16-20201 Commercial Recycling Facility, Small 4.3.5 Collection [77-76-20201 Landfill, Demolition 4.3.5 Landfill, Landscape 4.3.5 Junk Yards, Scrap Processing 4.3.5 Septage, Sludge Disposal Board of Commissioners - January 10, 2022 ITEM: 10- 6 - 16 Board of Commissioners - January 10, 2022 ITEM: 10- 6 - 17 Accessory Use X Accessory Dwelling Unit P Accessory Structure P Accessory Use, Customary P Dry Stack Boat Storage Facility, at a P Marina Electronic Gaming Operation Electric Vehicle Charging Station [11-16-20201 P Farm Stand P Home Occupation [11-16-20201 Residential Private Pier Solar Energy Collection Facility, Accessory (11-16-20201 RV or Travel Trailer Dwelling [09-08-20201 Small Watercraft Storage [09-08-20201 Stormwater Facilities on Contiguous P Properties Wind Energy Collection Facility, Accessory (11-16-20201 Temporary Use X D Circuses, Carnivals, and Fairs P Construction Office P Debris Site (11-16-2020] P Farmers' Market Seasonal Sales Special Fundraising for Non-profit P Organizations Temporary Emergency Services Facility P [11-16-20201 Temporary Family Healthcare Structure P (11-16-20201 Temporary Real Estate Office/Model P Temporary Relocation Housing P Travel Trailers Board of Commissioners - January 10, 2022 ITEM: 10- 6 - 18 OPPOSITION PUBLIC COMMENTS Board of Commissioners - January 10, 2022 ITEM: 10- 7 - 1 COMMENT ON CAPE FEAR RIVER WEST BANK DEVELOPMENT Pat Marriott 22-year resident of Wilmington Everyone who has decision -making authority over West Bank developments should be REQUIRED to visit Savannah, to see what that otherwise beautiful riverfront city has done with its own "West Bank." When "urban renewal" was all the rage in the 1950s and 60s, Savannah's city fathers and mothers firmly resolved to preserve the quaint beauty of their historic downtown. The parks, squares, cobblestone streets, residences, and notable historic buildings are still there to admire. But in 2000 they built a gigantic convention center directly across the river. And now, inevitably, they're fixing to expand it! During the same "urban renewal" period, Wilmington (like so many other historic cities) was busy tearing down beautiful old structures — indeed, whole city blocks — and replacing them with parking lots and truly ugly new buildings. Remember the horrid Wachovia Bank at Front and Princess? It finally bit the dust, but now it's an eyesore of another kind. Once things get built, it's mighty hard to rectify the error. To our credit, we've caught on to historic preservation — but much too late. And very much to our credit, we've preserved the other side of the river. Downtown Wilmington is still mighty beautiful, particularly right along the river. Our national award -winning boardwalk offers stunning views of the pristine West Bank, anchored and sanctified by the stately USS NORTH CAROLINA, our state's World War II memorial. But development will have its way. We've already lost river views from much of downtown, due to new multi -story residential buildings on the riverfront. And it's all too easy to see how the astoundingly beautiful river view that remains — the West Bank — could be lost forever due to development. Board of Commissioners - January 10, 2022 ITEM: 10- 8 - 1 Here's a view of the Cape Fear River from downtown Wilmington: Here's a view of the Savannah River from downtown Savannah: xuausa . T==W Is it necessary to say more? Once development starts, it will continue. And once things are built, they are there to stay. This is your opportunity to say, with no false sentimentality, "Things will never be the same." Ask yourself if development across the river is what our historic city — so greatly praised for its beauty and livability in the national magazines — really needs. I began this note by saying anyone with decision -making authority should be REQUIRED to visit Savannah. The pictures begin to show what development can do to a river view. But don't take the pictures as authoritative. Please GO TO SAVANNAH AND SEE FOR YOURSELF before approving any development across the river from downtown Wilmington. Then please do the right thing for generations of Wilmingtonians and tourists! Board of Commissioners - January 10, 2022 ITEM: 10- 8 - 2 Mr. Carl L. Parker, President Brunswick County Branch #5452 Ms. Deborah Dicks Maxwell, President New Hanover County Branch #5424 November 17, 2021 Rebekah Roth, CZO, AICP Planning Director, New Hanover County 230 Government Center Dr Suite 110 Wilmington, NC 28403 Subject: NAACP Opposition to Case # Z21-16 and Case # TA21-04 Dear Ms. Roth, Our local NAACP Environmental and Climate Justice Committee has an active focus on using building regulations to support more sustainable communities. Quoting our former Senior Director of Environmental and Climate Justice, Jacqui Patterson. "Our [NAACP] aim as the nation's oldest and largest civil rights organization is to be a beacon of inspiration and transformation in centering equity in the sustainable building sector. In doing so, we can catalyze the building of a bigger, broader tent for the sustainable building movement, towards the betterment of the building users, the communities, the economy, and the planet." With that, we are deeply concerned and adamantly opposed to a recent proposed development that has been presented to your New Hanover County Planning Board as "Case #: Z21-16, Application Type: Rezoning, Applicant: KFJ Development Group, LLC, on behalf of DBDL, LLC, Location: 1100 Point Harbor Road, Description: Request to rezone -8.34 acres to RUMXZ, Current Zoning: I-2, Proposed Zoning: RUMXZ" We also express our opposition to "Case #: TA21-04, Application Type: Text Amendment, Applicant: KFJ Development Group, Description: Request by KFJ Development Group to amend the Unified Development Ordinance to establish a new zoning district, RUMXZ." We understand the important role that you, as community planners, play in advocating for the economic, social, environmental health and well-being of our citizens. We also understand that your decisions will establish and foster the unique character of our community for generations to come. With that, we also understand that you have an important and essential duty to make us all aware of the potential hazards that could influence our Planning Board's and County Commission's objective decision -making process. This awareness is especially critical when our Planning Board and County Commission may not have ready access to resources needed to make these critical and timely decisions. 11Page Board of Commissioners - January 10, 2022 We deeply appreciate your allowing our public participation into your decision -making process. Please know that information that we offer to you at this important decision point include current scientific and technical knowledge specific to our opposition to Case # Z21-16 and Case # TA21- 04. Many in our region are still recovering from Hurricanes Matthew, Florence, and Isaias. From our first-hand experience we have seen and intimately understand the ravages of hurricanes, floods, and abnormal tidal fluctuations. Many of our citizens and community decision makers responded bravely to these emergencies but we were all caught off guard by and unaware beforehand about the expected frequency and magnitude of these life changing impacts and damaging weather - related risks. Some of these responders may have assumed they understood the potential of wind and tornado hazards from these hurricanes but forgot about the inherent risk that existed due to the geography of our area. We as a people have a lot yet to learn about these risks and uncertainties. In June of 2020, North Carolina published the North Carolina Climate Risk Assessment and Resilience Plan. In the forward of that plan, Governor Cooper provided this stark warning, "The latest climate science underscores what we already know firsthand. There will be increased temperatures, continued sea level rise, more precipitation, more intense hurricanes, more severe thunderstorms, and more storm surge flooding." The collaboration of scientists, engineers, and educators came together to help our elected leaders, citizen decision -makers and the public better understand what natural and man -caused hazards we face that exist in our area so that we can better plan, prepare and mitigate them. Here are some key findings from the experts who developed that plan: Section C - Climate Hazards Facing North Carolina. Heavy Precipitation and Storms: • Heavy precipitation accompanying hurricanes and other weather systems is likely to increase, thus increasing the potential for flooding in inland and coastal areas. • Energy infrastructure located along inland watersheds and coastal areas will be further subject to changes in river discharge and flooding from heavy precipitation events. • Heavy precipitation from more intense and frequent storms can cause significant damage to public and private structures such as homes, roads, utility services, etc. • Vulnerable populations are most at risk of flooding and may have difficulty evacuating when necessary. Coastal Flooding and Coastal Erosion: • It is virtually certain' that sea level along the North Carolina coast will continue to rise due to expansion of ocean water from warming and melting of ice on land. • It is virtually certain' that rising sea level and increasing intensity of coastal storms will lead to an increase in storm surge flooding in coastal North Carolina. • High tide flooding will be a near daily occurrence at some points along the coast in the future. 2 1 P a g e Board of Commissioners - January 10, 2022 • Cultural resources in fixed locations are inherently sensitive to flooding and it is difficult to reduce sites' exposures to flooding. • Sea level rise and flooding will limit available land that is in high demand for both human (economic) and ecosystem services. • More frequent coastal flooding will impact coastal habitats, fisheries, and the protective services that natural areas provide to local communities. • Increased storm surges will erode shorelines and kill vegetation in maritime grasslands, tidal marshes, estuaries, lower reaches of coastal plain rivers, and low-lying wetlands near estuaries. • Coastal erosion will reduce habitat for freshwater tidal wetlands, maritime uplands, and maritime wetlands. • Endangered and threatened species that are vulnerable to storm surge and erosion on beaches are likely to decline. • Coastal erosion will leave properties further at risk of flooding and storm damage, due to land or natural buffers being lost. Hurricanes: Intensity of the strongest hurricanes is likely to increase with warming of the oceans and atmosphere, leading to greater damage to people, communities, our economy and natural resources from more intense hurricanes and accompanying flooding and precipitation. More intense hurricanes will further damage wetlands and natural barriers which help to protect infrastructure and communities from storm surge, increasing the vulnerability to subsequent storms. • Stronger hurricanes will destroy or damage public and private buildings and property. Inland Flooding: • Increases in extreme precipitation is likely to increase inland flooding in North Carolina. • Inland communities across the state are at risk from flooding due to extreme precipitation and outdated and/or undersized storm drainage infrastructure. • Increased inland flooding caused by extreme precipitation events will further increase economic and agricultural losses after a flooding event. • More frequent flooding will impact inland habitats, fisheries, and the protective services that natural areas provide to local communities. • Flooding will continue to damage archaeological and historic sites on floodplains across all three physiographic regions and within every river basin in the state. • Increased or more frequent flooding may inundate and potentially destroy more cultural resources Ecosystems and Habitat Loss: • Harmful algal blooms may increase due to warmer temperatures. • Loss of organisms that rely on calcium -based shells such as oysters and clams, and organisms dependent upon them for food or habitat will be harmed by ocean acidification. • Loss of wetlands due to sea level rise will result in habitat losses that will impact both commercial and recreational fisheries, decrease buffering capacity, adversely impacting water quality, and reduce the resilience of coastal communities. Saltwater Intrusion: Higher water levels due to sea level rise threaten otherwise productive land, leading to agricultural and economic losses. Increased saltwater intrusion due to sea level rise is expected to change the salinity of estuarine communities and to convert lower coastal floodplains from swamp forest to wetlands. 3 1 P a g e Board of Commissioners - January 10, 2022 Saltwater intrusion due to climate change will make drinking water from both groundwater and surface waters more vulnerable to contamination and/or expensive to treat and secure. Intrusion in freshwater sources can cause crop yields to decline and farmland to be unsuitable for growing crops due to high salinity and less available freshwater, leading to a loss of revenue in agriculture. We also cite a very important research letter presented in the Port of Wilmington's Wilmington Harbor, North Carolina, Navigation Improvement Project Integrated Section 203 Study & Environmental Report dated February 2020 titled: The Effect of Channel Deepening on Tides and Storm Surge: A Case Study of Wilmington, NC. The Alteration of Tides and Storm Surge. The final sentence of this document states, "In the future, local depth changes due to accelerating sea level rise (Church et al., 20131 and additional development may further alter storm surge characteristics and flood hazard." It is extremely hard to imagine that in the face of such daunting conclusions, as presented by our science, economic and engineering experts, that any proposed development, Planning Board member, County Commissioner, financial backer, insurance provider, or citizen/taxpayer would ever consider making an objective decision to allow new "intense" development in an active FEMA designated floodplain such as presented for your consideration and decision in Case # Z21- 16 and Case # TA21-04. Our opposition is not only based on the findings contained in the North Carolina Climate Risk Assessment and Resilience Plan. We also present for the Planning Board, County Commission and your consideration and decision -making process the volumes of reports, research, recommendations, and facts that support our position. NC -specific plans and resources: • Southeastern North Carolina Regional Hazard Mitigation Plan (Updated January 2021) • NC Green Growth Toolbox Handbook • NC Coastal Federation Living Shorelines Website New Hanover County/Brunswick County -specific documents: • Community Resilience Pilot Project for Wilmington, NC (2013): Developed in coordination with New Hanover County and contains important information related to the impacts of sea level rise, vulnerability, and implementation mitigation strategies. • Sea Level Rise Hazard Assessment for New Hanover County, NC (2016): Publication in UNC-W's Explorations: The Journal of Undergraduate Research and Creative Activities for the State of North Carolina. • Final Restoration Plan and Environmental Assessment for the Kerr-McGee Superfund Site: Tools for identifying and mapping locally relevant hazards: • NOAA's Storm Events Database • NC Emergency Management Digital Elevation Models (DEMs) • The Climate Explorer (U.S. Climate Resilience Toolkit) • Locally Relevant Sea -Level Rise Projections (Legacy Sentinel Site Cooperative Program) 4 1 P a g e Board of Commissioners - January 10, 2022 • Carolinas Precipitation Patterns and Probabilities (CP3) (NOAA Carolinas Integrated Sciences and Assessments) • NC Flood Inundation Mapping and Alert Network (NC Floodplain Mapping Program) • USGS Coastal Vulnerability Index • TNC's Coastal Resilience Mapping Portal for NC • Climate Central's Surging Seas Risk Zone Map • NOAA SLR Viewer • CDC Social Vulnerability Index • 2019 Census Communitv Resilience Estimates for Eauitv and Disasters Other guidance and best practices that might be relevant: Smart Growth Fixes for Climate Adaptation and Resilience: Changing Land Use and Building Codes and Policies to Prepare for Climate Change Aaoroaches to Viewshed Protection Around the Countrv. Nation Trust for Historic Preservation • Connecticut Office of Legislative Research Report Regulating Scenic Views Additionally, it is our opinion that this proposed development and text amendment is in direct conflict with New Hanover County's Unified Development Ordinance, Article 9. More specifically, this development proposal does not address the fact that the "cumulative" risk factors caused by upstream flooding events coupled with storm surge and sea level rise which, within the life cycle of this proposed project, will pose extreme danger to health, safety, and property due to water and erosion hazards. This phenomenon is referred to as compound flooding refers and occurs when two or more flooding sources occur simultaneously or subsequently within a short period of time. The Lower Cape Fear River is vulnerable to storm surge from tropical cyclones, heavy rainfall, and sea -level rise. While any of these flooding sources can cause flooding, a combination of these sources can lead to higher inundation levels and extents along the entire reach of the river from the Atlantic Ocean upstream to the Wilmington area. Higher inundation levels not only threaten the lives, property and numerous businesses located in and around this zone but can also cause the additional burden of water pollution. In terms of coastal flooding, a compound flooding event is flooding caused by the interaction of the open ocean, atmosphere, and watersheds. The most common type of coastal compound flooding —a combination of storm surge and riverine flooding —can produce floodwaters that are longer in duration and more widespread than anticipated. We cannot emphasize enough that this proposed project is sited within an active FEMA designated floodplain. Because of this, it will be vulnerable to floods, storm surge and sea level rise, not only at the time of initial construction, but throughout its entire lifecycle. While the developer offers a USACE type "living" or "non-structural" shoreline strategy, the USACE living shoreline strategy is specifically intended to protect coastal wetlands from natural and man-made threats. This proposed development is man-made and represents a real threat to the existing natural wetlands and the FEMA designated floodplain at the Peter's Point site. Furthermore, the living shoreline strategy was developed and designed to help filter pollutants 5 1 P a g e Board of Commissioners - January 10, 2022 from stormwater runoff and protect or reduce inland damage from constant wave action, storm surges and tides. Nowhere in the submittals for the development can we find any attempt to offer remediation, restoration or mitigation for flood events that cause natural alterations or degradation of wetlands, adjacent floodplain, stream channels, and natural protective barriers, resulting from floodwaters, storm surge and/or sea level rise over the lifecycle of this proposed project. The construction of this proposed project would present a large physical obstruction in the middle of an active FEMA designated floodplain. Such obstructions will unnaturally divert flows from upstream flood events, storm surge and sea level rise. This, in turn, may increase the likelihood of exacerbating local flood hazards to nearby lands such as Wilmington's Waterfront area and USS North Carolina Battleship Park. There is ample documentation, both locally and nationally, that construction in floodplains, such as being proposed by this project, will dramatically increases expenditure of public tax money for costly flood control projects, flood damage recovery, post -disaster cleanup, water, sewer, gas mains, stormwater, streets, transportation infrastructure repair and replacements, and floodplain restoration. And tragically, the costs borne by the taxpayers to recover from these ever-increasing disasters impact minorities and low-income residents the hardest. We are concerned that disparities in disaster preparedness and protection will only become more significant as our climate continues to change from the impacts of global warming, prompting an increase in the number and diversity of extreme weather events and sea level rise. Morphologically, Peter Point uniquely presents itself as a hydraulically significant and problematic "funnel point" at the confluence of the Northeast reach and main courses of the Cape Fear Rivers. As stated earlier, this section of the Cape Fear River is an extremely active and fully functioning FEMA designated floodplain which now experiences greater more intense flooding characteristics due to the impacts of sea level rise, storm surge and flood runoff from heavy rains. More and more we are frequently witnessing local flood water inundation in and around low-lying areas of the downtown Wilmington and nearby coastal communities. The hydraulics and hydrodynamics of the Cape Fear River coupled with storm induced surging Atlantic Ocean waters up the dredged Cape Fear River exposes Peter Point to significant and potentially catastrophic flood risks in the future. It is a moral and social imperative that we do all that we can to ensure that we preserve and protect our fragile wetlands and floodplains from further negative anthropogenic impacts. Flood events greater than 5.5 feet, as recorded by the National Weather Service tidal gauge at the foot of the Cape Fear Memorial Bridge, are clearly sending us a warning message: 6 flooding events in the 1940s; 4 flooding events in the 1950s; 101 flooding events in the single year of 2018; and 142 flooding events November 1, 2018 — August 31, 2019. 6 1 P a g e Board of Commissioners - January 10, 2022 Floodplains are named as such for one simple reason, they flood ... that is one of their prime nature driven design functions. Who are we to destroy this critical gift? Sadly, we are now learning the hard and expensive lessons of what happens when we knowingly or unknowingly mistreat our fragile water resources and watersheds. Our citizens are now experiencing the gradual deterioration of our Cape Fear River environment due to the pollution of our drinking water, saltwater intrusion, stronger surge flow and increased high tide flooding and channel deepening, degradation of ecosystem habitat, loss and destruction of significant historical cultural areas and developments that lobby for "intense" buildout in our fragile wetlands and floodplains. However, there is also great hope in the wisdom and knowledge presented in the North Carolina Climate Risk Assessment and Resilience Plan and other references cited above. If we take the time to better understand the risks and uncertainties associated with our changing climate it can and will lead us to develop more resilient, common sense planning responses. Finally, we would be remiss if we didn't mention the importance of preserving, protecting, and celebrating the history, culture and heritage of past generations that have lived, toiled, and tied their very existence to our Lower Cape River. In the proposed text amendment cited in Case # TA21-04, there is a reference to "Preserve cultural and natural resources". Unsure of the context of that point of reference, we explored the New Hanover County Planning and Land Use Comprehensive Plan, under "Historic & Archaeological Resources." In that subsection of the Comprehensive Plan there was a single document titled "Historic Architecture of New Hanover County North Carolina" dated November 1986. This document specifically focused on the historic architectural resources of New Hanover County. However, we could find no evidence of the history of the numerous rice plantations that shaped and reshaped the Lower Cape Fear River geography and economy. Prior to the Emancipation Proclamation of 1863, these large number of plantations made Wilmington one of more affluent communities along the Atlantic Coast with its wealth built primarily on slave labor — the Gullah Geechee people. The remnants of these old rice fields still exist in many locations along the river, especially in and around the northern portions of Eagles Island. We are so fortunate that the historical artifacts of these rice fields now serve a second life as important nursery sanctuaries for fish and shellfish. In 2006, Congress recognized the contributions made by the Gullah Geechee, by establishing the Gullah/Geechee Cultural Heritage Corridor (Public Law 109- 338), Gullah/Geechee Cultural Heritage Act, passed by Congress on October 12, 2006. Congress has declared the Gullah Geechee Corridor as a National Heritage area, one of fifty-five (55) authorized heritage areas in the country. The geographic footprints of New Hanover and Brunswick Counties reside entirely within that corridor. 7 1 P a g e Board of Commissioners - January 10, 2022 The Corridor was created to: • Recognize, sustain, and celebrate the important contributions made to American culture and history by African Americans, known as the Gullah Geechee, who settled in the coastal counties of South Carolina, Georgia, North Carolina, and Florida. • Assist state and local governments and public and private entities in South Carolina, Georgia, North Carolina, and Florida in interpreting the story of the Gullah Geechee and preserving Gullah Geechee folklore, arts, crafts, and music. • Assist in identifying and preserving sites, historical data, artifacts, and objects associated with Gullah Geechee people and culture for the benefit and education of the public. The Peter's Point location, as well as the adjacent Eagles Island area, is well documented as having significant historical and cultural heritage value. There is an exceptional opportunity to preserve, protect and celebrate the history, culture, and heritage of our people's connection to the Lower Cape Fear River and Peter's Point is a great place to begin that celebration for New Hanover County. We feel that it is vitally important, now more than ever, for planners to develop more sustainable solutions for the protection and preservation of our environment, history, culture, and heritage. With the forces and pressures of rapid growth to develop our scarce watershed resources, we recommend that the leaders of New Hanover County government take a more serious second look at the identified risks and uncertainties of developing the Peter's Point property. We encourage a more realistic and sustainable solution for the best usage of this property like "climate adaptive low impact development." This type of development is truly a sustainable alternative because it meets the criteria of sustainability both environmentally, socially, and economically. It also reduces the cost of providing community services. Climate adaptive low impact development improves water quality and promotes natural habitats which provides significant benefits to our environment. Socially, it increases recreational activities, preserves, and protects culturally sensitive sites and improves health through cleaner surroundings. Its economic benefits include a dramatic reduction of future costs for flood damage recovery all while increasing local property values and local tourism. One example of this is Maryland's Climate Action Plan, the first component of a two phased strategy for adapting to sea level rise and coastal storms, specifies the extreme vulnerability of coastal wetlands and identifies the need to adapt to future conditions and "direct existing land conservation programs... to consider the use of conservation easements and other land conservation initiatives as a means to protect key coastal areas vulnerable to sea -level rise and to provide sufficient lands for wetland migration." We here in the Lower Cape Fear River area are blessed with an abundance of natural beauty and distinctive community venues. While scenery is important to the overall quality of our area, scenic vistas and viewsheds are often destroyed during rapid change, both in the natural and built environments. Identification and protection of these assets is an important component of smart growth and scenic stewardship. 8 1 P a g e Board of Commissioners - January 10, 2022 Our scenic area along the Cape Fear River watershed represents a natural gift with substantial benefits, such as higher property values and increased tourism revenue. Protecting our scenic vistas and viewsheds from the effects of haphazard development would allow our community to preserve its unique charm, build civic pride, and attract positive growth to the area. By designing "climate adaptive low impact development" with floodplains, instead of on top of them, we can dramatically mitigate risks of flooding and property damage and more importantly reduce economic and public health impacts as well. It is our sincere hope that you are as serious and concerned as we are about the decisions you will be asked to make on these two proposals. We believe that we have presented sufficient evidence that this proposed development, or any other similar type of development with this floodplain is just not a suitable or justifiable alternative. Sincerely, Carl Parker, President NAACP - Brunswick County Branch #5452 P.O. Box 364, Supply, NC 28462 Footnote: Ms. Deborah Dicks Maxwell, President NAACP - New Hanover County Branch #5424 PO Box 2199, Wilmington, NC 28402. 1. Report defines Virtually Certain = 99 - 100% probability of outcome 9 1 P a g e Board of Commissioners - January 10, 2022 Email Copy furnished to: Donna Girardot, Chair, New Hanover County Planning Board Paul D. Boney, Vice -Chair, New Hanover County Planning Board Ernest W. Olds, New Hanover County Planning Board Jeffrey B. Petroff, New Hanover County Planning Board H. Allen Pope, New Hanover County Planning Board Thomas "Jordy" Rawl, New Hanover County Planning Board Colin J. Tarrant, New Hanover County Planning Board Julia Olson-Boseman, Chair, New Hanover County Board of Commissioners Deb Hays, Vice Chair, New Hanover County Board of Commissioners Jonathan Barfield, Jr., Commissioner, New Hanover County Board of Commissioners Bill Rivenbark, Commissioner, New Hanover County Board of Commissioners Rob Zapple, Commissioner, New Hanover County Board of Commissioners Chris Coudriet, New Hanover County Manager Mayor Bill Saffo, City of Wilmington Mayor Pro-tem Margaret Haynes, City of Wilmington Neil Anderson, Councilman, City of Wilmington Clifford D. Barnett, Sr., Councilman, City of Wilmington Kevin O'Grady, Councilman, City of Wilmington Charles H. Rivenbark, Jr., Councilman, City of Wilmington Kevin Spears, Councilman, City of Wilmington Wilmington Metropolitan Planning Organization Southern Environmental Law Center League of Women Voters of Lower Cape Fear Cape Fear Resource Conservation & Development Cape Fear River Watch Cape Fear River Assembly Cape Fear Arch Cape Fear Sierra Club Carolina Wetlands Association NC League of Conservation Voters NC Wildlife Resources Commission NC Sea Grant NC Coastal Land Trust NC DOT District 3 NC Policy Watch NC Coastal Federation American Rivers Bald Head Island Conservancy Earth Justice National Resource Defense Fund Audubon North Carolina Island Wildlife - Cape Fear Region NAACP Legal Defense Fund The Nature Conservancy UNCW UNCW Geology UNCW Oceanography CleanAIRE NC Surfrider Wilmington 1O1Page Board of Commissioners - January 10, 2022 Roth, Rebekah From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of 01 Facendola <mvolkmar@nhcgov.com> Sent: Monday, November 22, 2021 5:21 PM To: nismith@nhcgov.com; Roth, Rebekah; Vafier, Ken Subject: Public Comment on Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) Follow Up Flag: Follow up Flag Status: Flagged ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name 01 Facendola Address 102 old mill rd castle hayne, NC 28429 United States Map It Email ioe.facendolaLd ricdenr.aov Projects available for comment. Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) What is the nature of your comment? Oppose project Public Comment This project claims it will construct living shorelines to "restore the river". While living shorelines are a best management practice that should be employed in coastal areas instead of a bulkhead or other hardening structure, implying that these will "restore the river" is misleading at best, and disingenuous at worst. The shoreline is best, left alone, and is quite alive without the need to be "restored". Any 'living" shoreline shoreline constructed at the proposed project site will NOT mitigate the significant damage to the wetland habitat (which is nursery habitat to many commercially and recreationally important finfish and shellfish species) which will occur by the massive development proposed for this wetland site. Taking into consideration, aesthetic, historical, environmental, traffic, and natural disaster resilience considerations, the proposed mega -high intensity development is essentially the worst possible use of this property possible. 1 Board of Commissioners - January 10, 2022 ITEM: 10- 10 - 1 Roth, Rebekah From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Sarah Brazil <mvolkmar@nhcgov.com> Sent: Monday, November 22, 2021 5:40 PM To: nismith@nhcgov.com; Roth, Rebekah; Vafier, Ken Subject: Public Comment on Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) Follow Up Flag: Follow up Flag Status: Flagged ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Sarah Brazil Address 6 Oceanic Street Wrightsville Beach, NC 28480 United States Map It Email sbrazil41 _0q,g-mail.com Projects available for comment. Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) What is the nature of your comment? Oppose project Public Comment New Hanover County is becoming too developed and ruining the beautiful landscape it once was. Development on a coastal area will destroy important wetland habitat. With visibly worsening effects of climate change already, this development is not a good idea. 1 Board of Commissioners - January 10, 2022 ITEM: 10- 10 - 2 Roth, Rebekah From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Brian Rostholder <mvolkmar@nhcgov.com> Sent: Monday, November 22, 2021 7:46 PM To: nismith@nhcgov.com; Roth, Rebekah; Vafier, Ken Subject: Public Comment on Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) Follow Up Flag: Follow up Flag Status: Flagged ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Brian Rostholder Address 2401 Westminster way Wilmington, NC 28405 United States Map It Email rostholderbriannvahoo.com Projects available for comment. Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) What is the nature of your comment? Oppose project Public Comment The short sided action of destroying more of our natural areas for development and short term gain is the antithesis of what has created the popularity of living in this area. Conserving these areas was the foresight of the people that lived in NC before us. It also would either destroy or damage what is left of the biodiversity in the area which is already suffering immensely. Please protect what is left of our natural environment that we rely on. Let's stop "building outhouses over our wells" 1 Board of Commissioners - January 10, 2022 ITEM: 10- 10 - 3 Roth, Rebekah From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Virginia Criss <mvolkmar@nhcgov.com> Sent: Monday, November 22, 2021 7:46 PM To: nismith@nhcgov.com; Roth, Rebekah; Vafier, Ken Subject: Public Comment on Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) Follow Up Flag: Follow up Flag Status: Flagged ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Virginia Criss Address 3208 Grey Leaf Dr. Wilmington, NC 28409 United States Map It Email gcriss-Ldmindstream.net Projects available for comment. Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) What is the nature of your comment? Oppose project Public Comment Does no one care that this proposed construction is to be built on wetlands? It will ruin habitat for wildlife in the area. How wonderful it is to look out over the present natural area when walking along the Riverwalk, or paddling on the river. When will all this massive construction end for the sake of increasing the tax base??? It is ruining the ambience of the city. Please reconsider the building of such a structure, especially in such a sensitive location. 1 Board of Commissioners - January 10, 2022 ITEM: 10- 10 - 4 Roth, Rebekah From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Malcolm Thaden <mvolkmar@nhcgov.com> Sent: Monday, November 22, 2021 8:15 PM To: nismith@nhcgov.com; Roth, Rebekah; Vafier, Ken Subject: Public Comment on Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) Attachments: Z21-16-1100-Point-Harbor-Road-Plannin-Board-Meeting-Comments-Bulkheads-in- primary-nursery-areas-should-be-strictly-opposed.docx Follow Up Flag: Follow up Flag Status: Flagged ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Malcolm Thaden Address 7301 Shell Midden Court Wilmington, NC 28411 United States Map It Email malcolm.thaden@gmail.com Projects available for comment. Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) What is the nature of your comment? Oppose project Public Comment -Bulkheads in primary nursery areas should be strictly opposed: -If this intense urban development is constructed, with the likely inclusion of a bulkhead, the destruction of the natural shoreline will magnify issues relative to sea -level rise and storm surge, and may harm or displace wildlife including habitat vital for our fisheries including primary nursery habitat for fish like our threatened striped bass and endangered sturgeon, and habitat for threatened and endangered bird populations. -The elevation in this area is less than 10 feet; the base flood elevation is 9 feet. The planners have stated they are taking elevation into account; however, they are basing their design using low tide as their parameter for safe construction, which would not be protective of `normal' high tide, super high tides, watershed flooding or so-called and ever-increasing 'nuisance' flooding, storm surge or, importantly, sea -level rise. The low elevation for the proposed development area poses serious issues for road access and building placement, and sustainability of the entire development project. -The soil in the proposed area are wetland soils, which would not likely support the weighty structures proposed -Both the soil type and low elevation are problematic for stormwater management, which could lead to massive increases in pollution entering the river. 1 Board of Commissioners - January 10, 2022 ITEM: 10- 10 - 5 •Wilmington's skyline should be protected. The proposed structures could create up to 240 feet of what accounts to a wall along the Cape Fear River. Upload supporting files • Z21-16-1100-Point-Harbor-Road-Plannin-Board-Meeting-Comments-Bulkheads-in-Ddmafy-nursery-areas-should-be- strictly-opposed. docx Board of Commissioners - January 10, 2022 ITEM: 10- 10 - 6 Roth, Rebekah From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Wendy Ackermann < mvolkmar@ nhcgov.com > Sent: Monday, November 22, 2021 10:43 PM To: nismith@nhcgov.com; Roth, Rebekah; Vafier, Ken Subject: Public Comment on Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) Follow Up Flag: Follow up Flag Status: Flagged ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Wendy Ackermann Address 6512 Woodlee Ln Wilmington, NC 28412 United States Map It Email wendvackermanndcs(aomail.com Projects available for comment. Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) What is the nature of your comment? Oppose project Public Comment If this intense urban development is constructed, with the likely inclusion of a bulkhead, the destruction of the natural shoreline will magnify issues relative to sea -level rise and storm surge, and may harm or displace wildlife including habitat vital for our fisheries including primary nursery habitat for fish like our threatened striped bass and endangered sturgeon, and habitat for threatened and endangered bird populations. The elevation in this area is less than 10 feet; the base flood elevation is 9 feet. The planners have stated they are taking elevation into account; however, they are basing their design using low tide as their parameter for safe construction, which would not be protective of 'normal' high tide, super high tides, watershed flooding or so-called and ever-increasing `nuisance' flooding, storm surge or, importantly, sea -level rise. The low elevation for the proposed development area poses serious issues for road access and building placement, and sustainability of the entire development project. The soil in the proposed area are wetland soils, which would not likely support the weighty structures proposed Both the soil type and low elevation are problematic for stormwater management, which could lead to massive increases in pollution entering the river Board of Commissioners - January 10, 2022 ITEM: 10- 10 - 7 Roth, Rebekah From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Sharon Valentine <mvolkmar@nhcgov.com> Sent: Wednesday, December 1, 2021 2:47 PM To: nismith@nhcgov.com; Roth, Rebekah; Vafier, Ken Subject: Public Comment on Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Sharon Valentine Address 3755 Old Sand Mine Drive - Wilmington, NC 28412 United States Mal) It Email boeraid@aol.com Projects available for comment. Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) What is the nature of your comment? Oppose project Public Comment Wilmington, NC has the highest potential for urban flooding in the United States. Any intense urban development on the west side of the Cape Fear River and Peter Point that is already subject to flooding, king tides and storm surges poses a serious threat to the infrastructure and the public. Dr. Robert Young, coastal development expert said the last thing we should be doing is putting any new infrastructure in places that will immediately be exposed to hazards and vulnerable and will immediately require attention. This is a waste of taxpayers money. I urge you to "follow the science" and hire Dr. Young to do a complete study on the feasibility of this development before any permit or approval is given from the Planning Board and the County Commissioners Sharon Valentine Del Webb Riverlights 1 Board of Commissioners - January 10, 2022 ITEM: 10- 11 -1 Roth, Rebekah From: boergirl@aol.com Sent: Wednesday, December 1, 2021 2:54 PM To: brivenbark@nhc.gov; Coudriet, Chris; dhats@nhcgov.com; Barfield, Jonathan; Olson- Boseman, Julia; Zapple, Rob; bill.saffo@wilmingtonnc.gov; charlie.rivenbark@wilmingtonnc.gov; clifford.barnett@wilmingtonnc.gov; council@wilmingtonnc.gov; kevin.ogrady@wilmingtonnc.gov; kevin.spears@wilmingtonnc.gov; margaret.haynes@wilmingtonnc.gov; neil.anderson@wilmingtonnc.gov; apope28405@gmail.com; cjtarrantl4@gmail.com; hansen@mwmrealestate.com; jpetroff@cldeng.com;jstokley86@gmail.com; paulboney@ls3p.com; Roth, Rebekah Cc: atnunnl970@yahoo.com; barbara@jimlanders.com; boergirl@aol.com; brendainscoe@yahoo.com; cdigiorgi@digiorgiinc.com; cindyheydt@gmail.com; clegg.michelle@gmail.com; cushrj5@gmail.com; dmcatlin@hotmillion.com; dorothybern@aol.com; dorothyberna@aol.com; gerarddunn06l9@gmail.com; homebull@aol.com; itsluann@aol.com; janicestrassburg@gmail.com;jchatham425 @gmail.com; jmddbc@gmail.com; johncutier@yahoo.com; joseph.l.todd@outlook.com; kpinapod@verizon.net; krsah101 @gmail.com; landrigant@gmail.com; IarrymassOl @gmail.com; Icrsg5@gmail.com; Ithomas21 @comcast.net; macjanel954@gmail.com; mdavidson02O755@gmail.com; mganger@verizon.net; mgsanclimenti@att.net; mike.oboczky@gmail.com; ntmillerl105@gmail.com; patekak38@yahoo.com; rlclkc@aol.com; rtbend@aol.com; sandy.morgon.block@gmail.com; sefish1006 @hotmail.com; shar_day@icloud.com; ssabatini3@gmail.com; ssjones7908@gmail.com; susan.cushinotto@gmail.com; tc0971 @hotmail.com; wajfireflyl @aol.com; joe@homebin.com; awagner@newsobserver.com; bshachtman@whgr.org; cruffin@wwaytv3.com; dboraks@wfae.org; gmcgrath@gannett.com; kkenoyer@whgr.org; lisa@ncpolicywatch.com; newsroom@wect.com; preston@localdailymedia.com Subject: Peter Point Commercial Development External Email: Do not click links, open attachments, or reply until you know it is --r * Wilmington, NC has the highest potential for urban flooding in the United States. Any intense urban development on the west side of the Cape Fear River and Peter Point that is already subject to flooding, king tides and storm surges poses a serious threat to the infrastructure and the public. Dr. Robert Young, coastal development expert said the last thing we should be doing is putting any new infrastructure in places that will immediately be exposed to hazards and vulnerable and will immediately require attention. This is a waste of taxpayers money. I urge you to "follow the science" and hire Dr. Young to do a complete study on the feasibility of this development before any permit or approval is given from the Planning Board and the County Commissioners Board of Commissioners - January 10, 2022 ITEM: 10- 11 - 2 Sharon Valentine Del Webb Riverlights Board of Commissioners - January 10, 2022 ITEM: 10- 11 - 3 Roth, Rebekah From: Cahoon, Larry <cahoon@uncw.edu> Sent: Wednesday, December 1, 2021 2:58 PM To: Roth, Rebekah Subject: FW: Comments on Case # Z21-16 and Case # TA21-04 before the NHC Planning Board, Dec. 2, 2021 ** External Email: Do not click links, open attachments, or reply until you know it is safe Hello, I would like to make comments about the issues of 'sea level' and 'sea level rise' that are pertinent to consideration of the proposed Point Peter development. I am an oceanographer and professionally qualified to comment on these issues. Here I address 'sea level', as that is a critical consideration in the proposed development of Point Peter. In the developers' 'ATACHMENT (sic) A: Strategies and Mitigation of Flood Waters of the Cape Fear River' they state that Point Peter lies 9 feet above 'sea level'. They are actually referring to Mean Low Water as 'sea level'. As illustrated below, average daily high tides are between 5 and 6 feet above Mean Low Water, leaving about 3-4 feet of freeboard at Point Peter under normal conditions. Storm tide events have recently reached 8 or 9 feet above Mean Low Water. Moreover, sea levels in the immediate vicinity of Point Peter are rising rapidly, likely a combination of eustatic (global) sea level rise and isostatic effects, including land subsidence and local hydrological changes. Proposed deepening of the river channel must be considered as an additive effect. A NOAA tide gauge is located at the foot of the Cape Fear Memorial Bridge on the west side of the river (CO-OPS 8658120). The datum (the reference depth) for this gauge is 0.0 feet at Mean Low Water. All references to sea level here are based on a value of 0.0 for Mean Low Water. Board of Commissioners - January 10, 2022 ITEM: 10- 11 - 4 Tide Data for Wilmington @ Memorial Bridge 10 9 rw+ 7 CO X 5 Matthew Florence 10 L S CD 7 C M C 0 4 1 4 00 '10 20 Year (19,97- 02 ) The monthly mean high tide levels appear constant prior to 2010, but exhibit an apparent increase after that year. The storm surge from Hurricane Isaias, with essentially no additional rainfall -induced flooding, was just over 9 feet above Mean Low Water —flush with the surface at Point Peter. The highest elevation at Point Peter is at about 9 feet — i.e., it was essentially underwater in 2O2O's Hurricane Isaias, a fast-moving, category 1 hurricane. + + % . + - • $ • + c % * + + % • 2 4 6 8 12 Year 0 = 2010 The plot above shows average monthly 'low -low' (the lower of the twice -daily low tides) tide level reported for the period, January, 2010 through July 2021, a period when apparent sea level rise (SLR) rose above prior rates. A linear regression fit to these data was statistically significant and yielded: Slope = +0.04613 feet per year = +14.1 mm/year 2 Board of Commissioners - January 10, 2022 ITEM: 10- 11 - 5 �.J � s ■ " 7 ' • 4 Az .. ti Y f r • • 'LC • 7 2 4 6 8 10 Year 0 - 2010 The plot above shows average monthly 'high -high' (the higher of the twice daily high tides) tide level reported for the period, January, 2010 through July 2021, a period when apparent sea level rise (SLR) rose above prior rates. A linear regression fit to these data was statistically significant and yielded: Slope = +0.05506 feet per year = +16.8 mm/year. The slopes of these two relationships are not statistically different and average 15.45 mm per year, or about 1 foot in 20 years, assuming no further acceleration. Thank you for your consideration. Lawrence B. Cahoon, Ph.D. 2020 Senior Distinguished Scholarly Engagement and Public Service Scholar 2017 Distinguished Teaching Professor Biology and Marine Biology University of N C Wilmington 910-962-3706 3 Board of Commissioners - January 10, 2022 ITEM: 10- 11 - 6 Roth, Rebekah From: PERRY KAREN FICAROLA <kpinapod@verizon.net> Sent: Wednesday, December 1, 2021 3:03 PM To: boergirl@aol.com; brivenbark@nhc.gov; Coudriet, Chris; dhats@nhcgov.com; Barfield, Jonathan; Olson-Boseman, Julia; Zapple, Rob; bill.saffo@wilmingtonnc.gov; charlie.rivenbark@wilmingtonnc.gov; clifford.barnett@wilmingtonnc.gov; council@wilmingtonnc.gov; kevin.ogrady@wilmingtonnc.gov; kevin.spears@wilmingtonnc.gov; margaret.haynes@wilmingtonnc.gov; neil.anderson@wilmingtonnc.gov; apope28405@gmail.com; cjtarrant14@gmail.com; hansen@mwmrealestate.com; jpetroff@cldeng.com; jstokley86@gmail.com; paulboney@ls3p.com; Roth, Rebekah Cc: atnunn1970@yahoo.com; barbara@jimlanders.com; boergirl@aol.com; brendainscoe@yahoo.com; cdigiorgi@digiorgiinc.com; cindyheydt@gmail.com; clegg.michelle@gmail.com; cushrjS@gmail.com; dmcatlin@hotmillion.com; dorothybern@aol.com; dorothyberna@aol.com; gerarddunn06l9@gmail.com; homebull@aol.com; itsluann@aol.com; janicestrassburg@gmail.com; jchatham425 @gmail.com; jmddbc@gmail.com; johncutler@yahoo.com; joseph.l.todd@outlook.com; krsahl01 @gmail.com; landrigant@gmail.com; Iarrymass01 @gmail.com; Icrsg5 @gmail.com; Ithomas21 @comcast.net; macjane1954@gmail.com; mdavidson020755 @gmail.com; mganger@verizon.net; mgsanclimenti@att.net; mike.oboczky@gmail.com; ntmiller1105@gmail.com; patekak38@yahoo.com; rlclkc@aol.com; rtbend@aol.com; sandy.morgon.block@gmail.com; sefishl006@hotmail.com; shar_day@icloud.com; ssabatini3@gmail.com; ssjones7908@gmail.com; susan.cushinotto@gmail.com; tc0971 @hotmail.com; wajfirefly1 @aol.com; joe@homebin.com; awagner@newsobserver.com; bshachtman@whqr.org; cruffin@wwaytv3.com; dboraks@wfae.org; gmcgrath@gannett.com; kkenoyer@whqr.org; lira@ncpolicywatch.com; newsroom@wect.com; preston@localdailymedia.com Subject: Re: Peter Point Commercial Development ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Agree. Sent from the all new AOL app for iOS On Wednesday, December 1, 2021, 2:54 PM, boergirl@aol.com wrote: Wilmington, NC has the highest potential for urban flooding in the United States. Any intense urban development on the west side of the Cape Fear River and Peter Point that is already subject to flooding, king tides and storm surges poses a serious threat to the infrastructure and the public. Dr. Robert Young, coastal development expert said the last thing we should be doing is putting any new infrastructure in places that will immediately be exposed to hazards and vulnerable and will immediately require attention. Board of Commissioners - January 10, 2022 ITEM: 10- 11 - 7 This is a waste of taxpayers money. I urge you to "follow the science" and hire Dr. Young to do a complete study on the feasibility of this development before any permit or approval is given from the Planning Board and the County Commissioners Sharon Valentine Del Webb Riverlights Board of Commissioners - January 10, 2022 ITEM: 10- 11 - 8 Roth, Rebekah From: Pauline Endo <pauline.endo@gmail.com> Sent: Wednesday, December 1, 2021 4:15 PM To: Roth, Rebekah Subject: Point Peter Project ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Dear Rebekah Roth, I am writing today to express my concern over the proposal to rezone acreage on the west bank of the Cape Fear River for the Point Peter project. As I witness the subsidence of Water St. on the east bank and the continual remediation required to shore up Water St and River Walk, development for the west bank flies in the face of all the scientific data. At the last Planning Board meeting discussion of flooding in the Point Peter was avoided but future flooding is why sites in the RUMXZ and VBP will fail in the future. Is the UDO subject to change every time a developer pressures the Planing Board and County Commission to make zoning changes to accommodate their projects? I don't think it is, but I question when the size and scope of the Point Peter project is considered, rezoning is now being discussed. I urge you to reject rezoning. Sincerely, Pauline Endo 7414 LUcky Fish Ln. Wilmington, NC 28411 Board of Commissioners - January 10, 2022 ITEM: 10- 11 - 9 Roth, Rebekah From: Andy McGlinn <andymcglinn@gmail.com> Sent: Wednesday, December 1, 2021 4:28 PM To: Roth, Rebekah Subject: Battleship Point Case # Z21-16 and Case # TA21-04 ** External Email: Igo not click links, open attachments, or reply until you know it is safe ** Dear Ms Roth; I am opposed to Battleship Point Case # Z21-16 and Case # TA21-04. I am sure you will hear many reasons to oppose these cases, my opposition as a New Hanover County resident is through the lens of a prudent investor. However, let me provide a short bit of context. Soon after my wife and I retired here eight years ago, we became aware of the plans for Titan Cement to develop a facility here. We listened to the points in the arguments and signed petitions opposing this plan. Through this we met some very knowledgeable and caring people. I am sure several of them will provide comments on these cases. I eventually joined the Cape Fear Sierra Club and continue to work for clean and clean water. This has been a great experience. However, as I retired, I also needed to manage my retirement funds. This has required me to learn more about investing, risk management and prudent spending. It is through this perspective that I add my opposition to the Battleship Point projects listed above. My risk profile is that of "Moderate Growth". This profile has worked to reduce losses as well as make steady gains. I do not invest any significant amount in high risk areas. Indeed, I look to experts for knowledge and advice. This means reading prospectus documents and analysis. I know that you need to take a deep look at the expert comments as they relate to the risk of these cases. I believe this zoning class and development pose too great a risk for our county. I have a great fear of looking across the river for the next many years at a half completed project that failed. I support much of the growth occurring in our county. However, this project does not fit into our growth plans. I ask that you reject these cases. I appreciate the hard work you are doing on behalf of citizens like me and I ask that you consider my views. Thank you Andy McGlinn 824 Shelton Ct. Wilmington NC 28412 Board of Commissioners - January 10, 2022 ITEM: 10- 11 - 10 Roth, Rebekah From: robert parr <nativewildtrout@gmail.com> Sent: Thursday, December 2, 2021 2:00 PM To: Roth, Rebekah; Donna Girardot; jstokley86@stokleydevelopment.com; jpetroff@cldeng.com; apope.28405@gmail.com; paulboney@ls3p.com; hansen@mwmrealestate.com; cjtarrant14@gmail.com; robert parr Subject: Battleship Point - Scoping Flaws - Davenport Transportation Analysis ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Davenport Transportation Impact Analysis - Scoping Flaws Severely Flawed Scope — Fails to address transportation impacts of intense urban development in Dynamic Compound Flood Plain. No mention or consideration of Cape Fear River Watershed Flooding, High Tide Flooding, Storm Surge Flooding, Sea Level Rise Flooding - in the most formidable flooding location in New Hanover County. This is especially critical for any plans using new roadway constructed beneath Thomas S. Rhoads bridge (421). With others speaking tonight it will be difficult to address these matters. Please feel free to call me to the podium for any question during your discussion period outside of the time limits for public comments if you see the need. Thank you, Dr. Robert Parr 910 520 6449 Board of Commissioners - January 10, 2022 ITEM: 10- 11 - 11 Roth, Rebekah From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Travis Gilbert <mvolkmar@nhcgov.com> Sent: Thursday, December 2, 2021 2:28 PM To: nismith@nhcgov.com; Roth, Rebekah; Vafier, Ken Subject: Public Comment on Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) Attachments: HWF- Letter-to-NHC- Plan ning- Board- re_-Battleship-Point_12.02.2021-1.pdf ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Travis Gilbert Address 211 Orange St. Wilmington, NC 28401 United States Map It Email gilbert@historicwiIminaton.org Projects available for comment. Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) What is the nature of your comment? Oppose project Public Comment The Historic Wilmington Foundation (HWF) respectfully requests that the New Hanover County Planning Board denies the text amendment request by Frank Pasquale with KFJ Development Group, LLC, to amend Articles 3 and 4 of the Unified Development Ordinance to establish a new zoning district, the "Riverfront Urban Mixed -Use Zoning (RUMXZ) District." Additionally, our organization asks that the New Hanover County Planning Board denies the rezoning request by Frank Pasquale with KFJ Development Group, LLC, on behalf of Ray Bordeaux with DBDL, LLC, to rezone approximately 8.34 acres of land located at 1100 Point Harbor Road from 1-2, Heavy Industrial" to "RUMXZ" for a mixed -use development. The subject property is located within the boundaries of the Wilmington National Register Historic District and just across the Cape Fear River from the USS NORTH CAROLINA, a National Historic Landmark honoring the 11,000 North Carolinains who gave their lives defending the nation during WWII. HWF believes the proposed site plan adversely affects the integrity of the USS NORTH CAROLINA, specifically the site's setting. The proposed site's height, scale, and massing would cause adverse visual effects to the USS NORTH CAROLINA by altering threshold views, dramatic glimpses, and sustained approaches of the National Historic Landmark. We encourage New Hanover County to establish an appropriate strategy for minimizing or mitigating adverse effects to the USS NORTH CAROLINA. Should the subject property be rezoned, HWF encourages New Hanover County to follow the example of other local governments in using prescriptive zoning restrictions, such as height and setback requirements, to protect historic and scenic viewsheds. A specific example includes Fairfax County, Virginia, which regulates changes affecting historic sites by establishing boundary lines to protect historic sites and visual encroachments. Upon request, HWF will happily provide other examples of prescriptive zoning restrictions to protect historic and scenic viewsheds. Additionally, the subject property contains sections of archaeological resource 31 NH597 recorded by the North Carolina Office of State Archaeology in April, 1979. This site is associated with the historic Point Peter and contains historic ceramics, slate shingles, rosin deposits, and ballast stones. Unfortunately, this site has not been evaluated for eligibility for the National Register of Historic Places. A recent archeological predictive model completed for the City of Wilmington's Rail Realignment Alternatives Analysis Report shows several areas within the subject property as having "high probability" for archaeological resources. Disturbance of these recorded and potentially unrecorded archaeological sites will negatively impact the preservation of our region's historic resources. HWF asks that the New Hanover County Planning Board protects the Wilmington National Register Historic District and archeological sites by denying the proposed text amendment request and rezoning request. HWF stands in solidarity with the Board of Commissioners - January 10, 2022 ITEM: 10- 11 - 12 New Hanover County and Brunswick County Chapters of the NAACP, Cape Fear River Watch, and other concerned citizens in opposing the proposed text amendment and rezoning request. Upload supporting files • HWF-Letter-to-NHC-Planning-Board-re -Battleship-Point_ 1.2.02.2021-1.pdf Board of Commissioners - January 10, 2022 ITEM: 10- 11 - 13 To protect and preserve the irreplaceable historic resources of Wilmington and the Lower Cape Fear Region December 2, 2021 Dear New Hanover County Planning Board: The Historic Wilmington Foundation (HWF) respectfully requests that the New Hanover County Planning Board denies the text amendment request by Frank Pasquale with KFJ Development Group, LLC, to amend Articles 3 and 4 of the Unified Development Ordinance to establish a new zoning district, the "Riverfront Urban Mixed -Use Zoning (RUMXZ) District." Additionally, our organization asks that the New Hanover County Planning Board denies the rezoning request by Frank Pasquale with KFJ Development Group, LLC, on behalf of Ray Bordeaux with DBDL, LLC, to rezone approximately 8.34 acres of land located at 1100 Point Harbor Road from "I-2, Heavy Industrial" to "RUMXZ" for a mixed -use development. The subject property is located within the boundaries of the Wilmington National Register Historic District and just across the Cape Fear River from the USS NORTH CAROLINA, a National Historic Landmark honoring the 11,000 North Carolinains who gave their lives defending the nation during WWII. HWF believes the proposed site plan adversely affects the integrity of the USS NORTH CAROLINA, specifically the site's setting. The proposed site's height, scale, and massing would cause adverse visual effects to the USS NORTH CAROLINA by altering threshold views, dramatic glimpses, and sustained approaches of the National Historic Landmark. We encourage New Hanover County to establish an appropriate strategy for minimizing or mitigating adverse effects to the USS NORTH CAROLINA. Should the subject property be rezoned, HWF encourages New Hanover County to follow the example of other local governments in using prescriptive zoning restrictions, such as height and setback requirements, to protect historic and scenic viewsheds. A specific example includes Fairfax County, Virginia, which regulates changes affecting historic sites by establishing boundary lines to protect historic sites and visual encroachments. Upon request, HWF will happily provide other examples of prescriptive zoning restrictions to protect historic and scenic viewsheds. Additionally, the subject property contains sections of archaeological resource 31NH597 recorded by the North Carolina Office of State Archaeology in April, 1979. This site is associated with the historic Point Peter and contains historic ceramics, slate shingles, rosin deposits, and ballast stones. Unfortunately, this site has not been evaluated for eligibility for the National Register of Historic Places. A recent archeological predictive model completed for the City of Wihnington's Rail Realignment Alternatives Analysis Report shows several areas within the subject property as having "high probability" for archaeological resources. Disturbance of these recorded and potentially unrecorded archaeological sites will negatively impact the preservation of our region's historic resources. HWF asks that the New Hanover County Planning Board protects the Wilmington National Register Historic District and archeological sites by denying the proposed text amendment request and rezoning request. HWF stands in solidarity with the New Hanover County and Brunswick County Chapters of the NAACP, Cape,Fear River Watch, and other concerned citizens in opposing the proposed text amendment and rezoning request. Respectfully, Travis Joiirl Gilbert, Executive Director, Historic Virilmington Foundation CC: Historic Wilmington Foundation Board of Directors 211 Orange Street. Wilmington, North Carolina 26401 1 910 762 2511 1 www.HistoricWilmington.org Board of Commissioners - January 10, 2022 ITEM: 10- 11 - 14 Roth, Rebekah From: robert parr <nativewildtrout@gmail.com> Sent: Thursday, December 2, 2021 3:47 PM To: Roth, Rebekah; Donna Girardot; apope.28405@gmail.com; cjtarrantl4@gmail.com; jstokley86@stokleydevelopment.com; jpetroff@cldeng.com; hansen@mwmrealestate.com; paulboney@ls3p.com; robert parr Subject: RUMXZ and Villages at Battleship Point - ATTACHMENT A - Strategies and Mitigation of Flood Waters of the Cape Fear River ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Flaws with ATACHMENT A - Strategies and Mitigation of Flood Waters of the Cape Fear River inherent in both the Riverfront Urban Mixed Use Zoning District and Villages at Battleship Point Fails to adequately address the data presented to you from multiple scientific sources: Dr. Robert Young — Program for the Study of Developed Shorelines, NC Flood Inundation Mapping and Alert Network, NOAA Sea Level Rise Viewer, University of Central Florida (High Tide Flooding), National Weather Service Wilmington Coastal Flood Advisory Alert System, North Carolina and National Resiliency Plans. My comments in blue. Specifically: Fails to recognize suggest strategies and mitigation of flood waters for both Cape Fear River AND the Atlantic Ocean. "... less frequent rising river levels due to major storms...." Point Harbor Road has dangerously flooded three times in last five years. The proposed district location has experienced two 1,000 year floods over this time period. "This simple fact causes concern...." This is not a simple fact but a complex and formidable fact inherent in this specific location. "The current site sits approximately 9' above sea level ...." The supporting infrastructure roads, water, sewer, power, landlines communication for this site and the rest of the zoning district sits between 3 and 5 feet above sea level. Board of Commissioners - January 10, 2022 ITEM: 10- 11 - 15 "... adding another 2' of fill..." As sea levels rise the ground water beneath the site and the rest of the zoning district will rise at the same time — threatening the site and supporting infrastructure across the rest of the zoning district. "... dealing with the potential flood waters..." Scientific data, from multiple sources, suggest inevitable rather than potential flood waters will significantly affect this specific location. "... reliable design that has been proven over multiple -centuries worldwide." New Hanover County and communities across the globe are entering a period of rapidly / accelerating sea level rise not experienced before in the modern world. "... provide paths for the flood waters to invade the site and transect the site without creating any damage ..." The flood waters in past storm events have been filled with large debris fields and bacterial / chemical wastes suggesting clean up and decontamination may be problematic at best. "... Blue Clay Rd and Old Dairy Rd..." These locations are not located in the vicinity of the development site / zoning district and are not at the Funnel Point of the Cape Fear River Watershed in the dynamic, compound flood plain of greatest concern. "...directing any potential floodwaters though the site..." Please see comments above. "Historically this particular property has not experienced and major flooding over the last 4 to 5 decades..." Not supported by data supplied by National Weather Service Wilmington Coastal Flood Alert System and North Carolina Inundation Mapping and Alert Network. "... the effect of flooding either major or minor on this site is minimal at best." Fails to grasp the basic concepts of the site -specific Dynamic Compound Flood Plain in which the development and the zoning district are located. The expected life span of the development and urbanization of the zoning district will take sea level rise to even more significant heights (10.7 Feet— NOAA Sea Level Rise Viewer) in 2100. The Strategies and Mitigation Plan for the Development is seriously flawed. With limited time tonight I will be available during your conferencing period following the public comments to come forward and speak at the podium if you have any questions. Thank you, Dr. Robert Parr 910 520 6449 2 Board of Commissioners - January 10, 2022 ITEM: 10- 11 - 16 Roth, Rebekah From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Gabby Tarrant <mvolkmar@nhcgov.com> Sent: Thursday, December 2, 2021 4:32 PM To: nismith@nhcgov.com; Roth, Rebekah; Vafier, Ken Subject: Public Comment on Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Gabby Tarrant Address 311 racine drive f Wilmington, NC 28403 United States Email gmt7811 oluncw.edu Projects available for comment. Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) What is the nature of your comment? Oppose project Public Comment This purposed project is not only illogical but also immensely irresponsible. Who would think that creating a zoning district at St. Peter, a FLOODPLAIN, for a 500 million dollar project would be a good idea? Who is going to pay for the inevitable disaster this project will bring to the community, taxpayers that's who. Wouldn't taxpayer money be better spent on education, public transportation, alleviating the rampant opioid epidemic, etc., rather than funding the flood control projects, flood damage recovery, post -disaster cleanup, water, sewer, gas mains, stormwater, streets, transportation infrastructure repair, and replacements, and floodplain restoration that this project would cause? This project is mocking the forces of nature that will eventually bring it tumbling to the ground due to sea -level rise, hurricanes, etc. Where will the developer be then? It is going to be up to the community to clean up their mess. What about the tourism the battleship and historical buildings on the riverfront bring in, are we really willing to put those at risk and that stream of revenue they bring in for yet another eyesore of an apartment complex. Furthermore, this project would be obstructing the beautiful and pristine view of the Cape Fear River. This project not only risks the community but also the environment as it violates section 404 of the Clean Water Act. The lower Cape Fears River basin is a part of one of the world's biodiversity hotspots, with an array of 1,816 species of plants, 51 species of birds, and 114 species of mammals that are found nowhere else in the world. Why put it at risk when there are plenty of other locations to build? Furthermore, how many units will be available for affordable housing? Or is this just yet another development encroaching upon the lower income communities by threating their homes due this proposed obstruction diverting waters, hence flooding communities. How in any way will this development help the majority of the community other than those who can afford to live their and those who would profit from its construction? Overall, this project is offensive to even be purposed as it has no beneficial aspects that would outweigh the serious costs it would bring. Board of Commissioners - January 10, 2022 ITEM: 10- 11 - 17 NEIGHBORING PROPERTY COMMENTS Board of Commissioners - January 10, 2022 ITEM: 10- 12 - 1 Roth, Rebekah From: John Helbig <sail1sail2@yahoo.com> Sent: Saturday, November 20, 2021 8:40 PM To: Roth, Rebekah Cc: John Helbig; Doug Helbig Subject: Notice of Pubic Hearing ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Rebekah Roth, Director Thank you for your diligence relating to the Riverfront Urban Mixed Use proposal (Z21-16) Villages at Battleship Point rescheduled meeting. We are not opposed to rezoning from 1-2 to a RUMXZ, Riverfront Urban Mixed - Use Zoning District for mixed use development as noted in the Notice of Public Hearing, November 4, 2021 to December 2, 2021. Note! said Zoning does not violate or infringe our Property Rights, "Timber Pen Peter R04700-003-008-000". Respectfully, John Helbig sail sail2@yahoo.com 206-954-9012 19799 NE Arbutus Ct, Unit-100 Poulsbo, WA 98370 1 Board of Commissioners - January 10, 2022 ITEM: 10- 13 - 1 New Hanover Coun Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301 Wilmington, NC 28401 Members of the Board Jeffrey P Petroff, Chair I Donna Girardot, Vice -Chair Paul Boney I Hansen Matthews I Jeffrey Stokley Jr. I H. Allen Pope ( Colin J. Tarrant Public Comments Item: Public Hearing Text Amendment Request (TA21-04) - Request by Frank Pasquale with KFJ Development Group, LLC to amend Articles 3 and 4 of the Unified Development Ordi- nance to establish a new zoning district, the Riverfront Urban Mixed -Use Zoning District. Public Hearing Rezoning Request (Z21-16) - Request by Frank Pasquale with KFJ Devel- opment Group, LLC, on behalf of Ray Bordeaux with DBDL, LLC, to rezone approximately 8.34 acres of land located at 1100 Point Harbor Road from 1-2, Heavy Industrial to RUMXZ, Riverfront Urban Mixed -Use Zoning District for a mixed -use development. Total in Opposition: 38 Total Neutral: 1 Total in Support: 4 Board of Commissioners - January 10, 2022 ITEM: 10- 14 - 1 Total In Opposition: m Public Hearing TextAmendment Request (TA21 -04) - Request by Frank Pasquale with KFJ Development Grou p, LLC to amend Articles 3 and 4 of the Unified Development Ordinance to establish a new zoning district, the Riverfront Urban Mixed - Use Zoning District. Public Hearing Rezoning Request (Z21-16) - Request by Fran k Pasquale with KFJ Development Grou p, LLC, on behalf of Ray Bordeaux with DBDL, LLC, to rezone approximately 8.34 acres of land located at 1100 Point Harbor Road from 1-2, Heavy Industrial to RUMXZ, Riverfront Urban Mixed -Use Zoning Districtfor a mixed -use development. Board of Commissioners - January 10, 2022 ITEM: 10- 14 - 2 Roth, Rebekah From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Nikki Spears <mvolkmar@nhcgov.com> Sent: Tuesday, November 23, 2021 10:13 AM To: nismith@nhcgov.com; Roth, Rebekah; Vafier, Ken Subject: Public Comment on Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) Follow Up Flag: Follow up Flag Status: Flagged ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Nikki Spears Address 5042 Pine Street Wilmington, North Carolina 28403 United States Map It Email sushibvnikki(oyahoo.com Projects available for comment. Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) What is the nature of your comment? Oppose project Public Comment Boardmembers, please stop this development. Greedy men furthur lining their pockets and taking the charming native habitats to be paved over IS NOT ACCEPTABLE. River Road wetlands area was never meant to support multistory apartments Just because they've already been allowed to ruin the wholesomeness of that area doesn't mean its ok to add more. the infrastructure of water, sewer, trash, power -does not support this. these wealthy builders are just making a disaster waiting to happen, a big mess all over our town,infringing upon upon the wildlife that RESIDENTS&HOMEOWNERS CHERISH, and laughing all the way to the bank. stop it Nikki the chef Spears Board of Commissioners - January 10, 2022 ITEM: 10- 14 - 3 Roth, Rebekah From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Casey Sandmeyer <mvolkmar@nhcgov.com> Sent: Tuesday, November 23, 2021 10:29 AM To: nismith@nhcgov.com; Roth, Rebekah; Vafier, Ken Subject: Public Comment on Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) Follow Up Flag: Follow up Flag Status: Flagged ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Casey Sandmeyer Address 709 Midland Drive Wilmington, NC 28412 United States Map It Email caseysandmeyer(a)gmail.com Projects available for comment. Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) What is the nature of your comment? Oppose project Public Comment believe that if this project were to be approved, it would cause undue harm on our natural environment. The land on which this proposed development will be built, is crucial to stormwater infiltration and is vital habitat for our fisheries. We already see flooding regularly on normal high tides, however the planners are using low tide as their parameter for safe construction. This poses a series issue risk for future sea level rise, flooding, and sustainability of the entire project. I hope that the Planning Board and Board of Commissioners will take into consideration the immense damage that this project will have on our already fragile natural environment and put that over the wants of development. I'm sure that another location can be chosen to fulfill the needs of this proposed development. Board of Commissioners - January 10, 2022 ITEM: 10- 14 - 4 Roth, Rebekah From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Sandi Fisher <mvolkmar@nhcgov.com> Sent: Tuesday, November 23, 2021 11:35 AM To: nismith@nhcgov.com; Roth, Rebekah; Vafier, Ken Subject: Public Comment on Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) Follow Up Flag: Follow up Flag Status: Flagged ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Sandi Fisher Address 312 Patalanda Rd Wilmington, NC 28409 United States Map It Email SaFisher30@_gmaiLcom Projects available for comment. Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) What is the nature of your comment? Oppose project Public Comment This project is not in harmony with the Wilmington skyline and river views. The visual impact of this construction height is unacceptable. Land elevation is too low. This project would add to the list of problem areas. The infrastructure support for road flooding, water and sewer would be excessive. New construction should be directed toward areas with elevations above 20 feet at mean high tide. Adding bulkheads in primary nursery areas should be prohibited. Unwise development will further damage our natural resources and fisheries. Board of Commissioners - January 10, 2022 ITEM: 10- 14 - 5 Roth, Rebekah From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Audrey Dunn <mvolkmar@nhcgov.com> Sent: Tuesday, November 23, 2021 12:14 PM To: nismith@nhcgov.com; Roth, Rebekah; Vafier, Ken Subject: Public Comment on Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Audrey Dunn Address 516 Thomas Ave Wilmington, North Carolina 28405 United States Map It Email audreylouisedunn(a cimail.com Projects available for comment. Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) What is the nature of your comment? Oppose project Public Comment The last thing our county needs is further myopic, unsustainable, environmentally destructive commercial development. More impervious surfaces means more stormwater runoff and therefore more pollution in our river. It also means increased flooding during a regular high tide. Water St already regularly floods during high tides, and we can only expect more frequent flooding on this side of the river if we develop the other side of the river. Oh and the vegetation over there serves a purpose! It soaks up the water that would otherwise be drowning us! And high tides, king tides, tidal flooding, hurricanes, and other flooding events are only going to increase with climate change. The one thing we need is to build our coastal resilience, not reduce our resilience! Commercial development projects that are not constructed with climate change in mind will leave us more vulnerable than ever to catastrophes such as Florence. Not to mention that this area serves as habitat to wildlife and, oh, I don't know, I don't want to see a 240 foot structure across the river! I want to see the beautiful wetlands that are currently there. Why doesn't this county think about what's best for the community for once, and not what's best for the bottom line of the already wealthy. 1 Board of Commissioners - January 10, 2022 ITEM: 10- 14 - 6 Roth, Rebekah From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Emily Lyons <mvolkmar@nhcgov.com> Sent: Tuesday, November 23, 2021 1:41 PM To: nismith@nhcgov.com; Roth, Rebekah; Vafier, Ken Subject: Public Comment on Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Emily Lyons Address 328 Camber Drive Castle Hayne, NC 28429 United States Map It Email Emily Lvons1011g amail.com Projects available for comment. Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) What is the nature of your comment? Oppose project Public Comment I am absolutely opposed to this project. This will destroy the downtown skyline as well as present numerous ecological problems for the area. Do not allow this project to move forward. Board of Commissioners - January 10, 2022 ITEM: 10- 14 - 7 Roth, Rebekah From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Hillary Stevens <mvolkmar@nhcgov.com> Sent: Tuesday, November 23, 2021 3:48 PM To: nismith@nhcgov.com; Roth, Rebekah; Vafier, Ken Subject: Public Comment on Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) Follow Up Flag: Follow up Flag Status: Flagged ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Hillary Stevens Address 1257 Big Field Dr Castle hayne, NC 28429 United States Map It Email Hillarvdotson(5yahoo.com Projects available for comment. Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) What is the nature of your comment? Oppose project Public Comment I strongly oppose the development of a 240 ft structure across the cape fear river for many reasons. One being the impact it would have on the wetlands and natural habitats in the developed area. Another being the additional traffic to an already highly condensed area. We should be looking for ways to improve areas in a natural way, not in a way that brings more development and environmental issues to our already struggling natural environment. Please do not approve this zoning request, and look for projects that would clean and beautify this area of our county in a more natural and sustainable way. Board of Commissioners - January 10, 2022 ITEM: 10- 14 - 8 Roth, Rebekah From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Josiah Goodrum <mvolkmar@nhcgov.com> Sent: Tuesday, November 23, 2021 4:24 PM To: nismith@nhcgov.com; Roth, Rebekah; Vafier, Ken Subject: Public Comment on Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) Follow Up Flag: Follow up Flag Status: Flagged ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Josiah Goodrum Address 1015 Nutt Street Apt 165 Wilmington, NC 28705 United States Map It Projects available for comment. Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) What is the nature of your comment? Oppose project Public Comment love Wilmington. This would start to turn into something it's not. There are so many environmental implications but there are also cultural implications as well. Adding high rises on the other side of the river would push Wilmington down a path that in all honesty feels a little disingenuous and kinda screams "look at me I'm cool". High rises would more or less ruin the vibe. Maybe instead we could build an eco-friendly park or something else to enhance the natural beauty. Board of Commissioners - January 10, 2022 ITEM: 10- 14 - 9 Roth, Rebekah From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Gabriella de Souza <mvolkmar@nhcgov.com> Sent: Tuesday, November 23, 2021 5:47 PM To: nismith@nhcgov.com; Roth, Rebekah; Vafier, Ken Subject: Public Comment on Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) Follow Up Flag: Follow up Flag Status: Flagged ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Gabriella de Souza Address 4007 Park Avenue Wilmington, NC 28403 United States Mal) It Email Ga07959ggmail.com Projects available for comment. Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) What is the nature of your comment? Oppose project Public Comment I am very disappointed in New Hanover County for considering to develop in this area. Development here will result in displacement of native wildlife and destruction of nursery habitats for striped bass and sturgeon fishes. This plan does not consider high tides and especially does not consider the king tide that we recently had. Because of the low elevation in this area there could be serious road blockage issues during a hurricane. The Cape Fear River is already highly polluted. If we increase urban development, there will be a certain spike in urban pollution entering the river. Wetland soils should never be developed on. It's extremely vital that we preserve these areas in our community. - Gabriella de Souza, M.S. Biology, UNC Wilmington Board of Commissioners - January 10, 2022 ITEM: 10- 14 - 10 Roth, Rebekah From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Andrew Lemon <mvolkmar@nhcgov.com> Sent: Tuesday, November 23, 2021 5:47 PM To: nismith@nhcgov.com; Roth, Rebekah; Vafier, Ken Subject: Public Comment on Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) Follow Up Flag: Follow up Flag Status: Flagged ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Andrew Lemon Address 4930 Pepys In Wilmington, NC 28407 United States Map It Email Aml1549 dz uncw.edu Projects available for comment. Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) What is the nature of your comment? Oppose project Public Comment Unique and critical habitats must be left intact. As a coastal city we have to prepare for the impacts of climate change, which this development will only serve to worsen. Board of Commissioners - January 10, 2022 ITEM: 10- 14 - 11 Roth, Rebekah From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Kiya Moore <mvolkmar@nhcgov.com> Sent: Tuesday, November 23, 2021 5:51 PM To: nismith@nhcgov.com; Roth, Rebekah; Vafier, Ken Subject: Public Comment on Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) Follow Up Flag: Follow up Flag Status: Flagged ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Kiya Moore Address 4110 Randall parkway 3D Wilmington, Nc 28403 United States Map It Email Krmoore00 U gmail.com Projects available for comment. Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) What is the nature of your comment? Oppose project Public Comment This is a horrible development plan and will tarnish one of the one areas of Wilmington and the Cape Fear River that hasn't already been exploited by over development. Board of Commissioners - January 10, 2022 ITEM: 10- 14 - 12 Roth, Rebekah From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Corrie Lefebvre <mvolkmar@nhcgov.com> Sent: Wednesday, November 24, 2021 7:29 AM To: nismith@nhcgov.com; Roth, Rebekah; Vafier, Ken Subject: Public Comment on Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) Follow Up Flag: Follow up Flag Status: Flagged ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Corrie Lefebvre Address 106 N Water St Suite 701 Wilmington, NC 28401 United States Map It Email corinneiosep hine@; hotmail.com Projects available for comment. Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) What is the nature of your comment? Oppose project Public Comment This is irresponsible with regards to flooding. This is also an incredibly ugly building that is being proposed. Why would you destroy the natural landscape that we have to put in an eye sore the whole city has to look at. This is a short sighted project in my view with zero justification with regards to the utility of the buildings. Board of Commissioners - January 10, 2022 ITEM: 10- 14 - 13 Roth, Rebekah From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Fabien Scorza <mvolkmar@nhcgov.com> Sent: Wednesday, November 24, 2021 7:33 AM To: nismith@nhcgov.com; Roth, Rebekah; Vafier, Ken Subject: Public Comment on Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) Follow Up Flag: Follow up Flag Status: Flagged ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Fabien Scorza Address 106 N water street Suite 701 Wilmington, NC 28401 United States Map It Email Scorza100000 hotmail.com Projects available for comment. Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) What is the nature of your comment? Oppose project Public Comment Short sided, flooding Zone and environmental catastrophy Board of Commissioners - January 10, 2022 ITEM: 10- 14 - 14 Roth, Rebekah From: Island Wildlife <islandwildlifenc@gmail.com> Sent: Wednesday, November 24, 2021 7:56 AM To: Roth, Rebekah Subject: Fwd: NAACP Opposition Letter to Battleship Point Proposal Attachments: NAACP Opposition Letter to Case # Z21-16 and Case # TA21-04.pdf Follow Up Flag: Follow up Flag Status: Flagged ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Dear Ms. Roth, Island Wildlife -Cape Fear Region, a chapter of the NC Wildlife Federation, is pleased to offer our organizational sign on of the letter sent to you by the NAACP of Brunswick and New Hanover Counties regarding Case #: Z21-16 and Case #: TA21-04. We stand with the NAACP in opposition to these cases. Kind regards, Virginia Holman Island Wildlife -Cape Fear Region, a chapter of the NC Wildlife Federation ---------- Forwarded message --------- From: New Hanover County NAACP <nhcnaact)@Pmail.com> Date: Fri, Nov 19, 2021 at 11:58 AM Subject: NAACP Opposition Letter to Battleship Point Proposal To: <rroth@nhcgov.com> Dear Ms. Roth, Please find the attached letter. Thank you. Sincerely, 1 Board of Commissioners - January 10, 2022 ITEM: 10- 14 - 15 Deborah Dicks Maxwell President, NC NAACP President, New Hanover County NAACP P.O. Box 2199,Wilmington, NC 28402 Website: nhcnaacp.org Follow us on Facebook, IG and Twitter Branch Meeting- every 4th Thursday virtually Board of Commissioners - January 10, 2022 ITEM: 10- 14 - 16 Roth, Rebekah From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Katherine Benson <mvolkmar@nhcgov.com> Sent: Wednesday, November 24, 2021 8:05 AM To: nismith@nhcgov.com; Roth, Rebekah; Vafier, Ken Subject: Public Comment on Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) Follow Up Flag: Follow up Flag Status: Flagged ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Katherine Benson Address 323 S 4th st Wilmington, NC 28401 United States Map It Projects available for comment. Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) What is the nature of your comment? Oppose project Public Comment This project will ruin our cities skyline which will impact tourism and the lovely sunset view we all enjoy. The historical society has worked so hard to maintain a beautiful old city feel. This building would completely compromise that historical charm. The environmental degradation is unacceptable. Board of Commissioners - January 10, 2022 ITEM: 10- 14 - 17 Roth, Rebekah From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Amanda Smith <mvolkmar@nhcgov.com> Sent: Wednesday, November 24, 2021 8:11 AM To: nismith@nhcgov.com; Roth, Rebekah; Vafier, Ken Subject: Public Comment on Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) Follow Up Flag: Follow up Flag Status: Flagged ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Amanda Smith Address 610 S 8th St. Wilmington, Nc 28401 United States Map It Email acs3845(ri amaiI.com Projects available for comment. Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) What is the nature of your comment? Oppose project Public Comment I understand the want to develop land on the other side of the river but this is not it. This will forever change the shape of our river's coastline, displace wildlife, and destroy precious wetlands. And it's just a bad site to develop - given its elevation its bound to be prone to flooding. Ti what extent will taxpayers be on the hook for this bad decision when levels rise and the pumps go in to "save" the development? Furthermore from the description of the housing that is going in (all luxury and waterfront) it will only exacerbate the issue with affordable housing and segregated neighborhoods, which is sending a clear message of WHO this development is for - affluent and likely largely white. Board of Commissioners - January 10, 2022 ITEM: 10- 14 - 18 Roth, Rebekah From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Charles Thompson <mvolkmar@nhcgov.com> Sent: Tuesday, November 23, 2021 2:28 PM To: nismith@nhcgov.com; Roth, Rebekah; Vafier, Ken Subject: Public Comment on TA21-04 RUMXZ Text Amendment (12-2-2021 Planning Board Meeting) Follow Up Flag: Follow up Flag Status: Flagged ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Charles Thompson Address 5101 Hunters Trail Wilmington, NC 28405 United States Map It Email cdthompsoniii dqmail.com Projects available for comment. TA21-04 RUMXZ Text Amendment (12-2-2021 Planning Board Meeting) What is the nature of your comment? Oppose project Public Comment Sea level rise. That's the primary concern I have with waterfront property. By sea level rise, I mean FLOODING. Something that is not promised to happen, but happens every time it rains in this swamp of a city. Building infrastructure like this project will put everyone at risk. The river will be damaged by the construction run off and bulkheads. The investors will be left high and dry, unless they are banking on an insurance claim to help boost their returns. The people renting will be bummed when their brand new apartments don't work as boats. Finally, the government will suffer from the cost of environmental remediation and further housing insecurity. Sometimes the best investment is to leave land for later! Board of Commissioners - January 10, 2022 ITEM: 10- 14 - 19 Roth, Rebekah From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Peter Benson <mvolkmar@nhcgov.com> Sent: Wednesday, November 24, 2021 8:40 AM To: nismith@nhcgov.com; Roth, Rebekah; Vafier, Ken Subject: Public Comment on Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) Follow Up Flag: Follow up Flag Status: Flagged ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Peter Benson Address 323 S 4th St. Wilmington, NC 28401 United States Map It Email peter.coleman.bensoa@Qmail.com Projects available for comment. Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) What is the nature of your comment? Oppose project Public Comment The development of Point Harbor Road is a short sighted money grab at best and an economic and environmental disaster in more probable outcomes. The proposed development appears to barely be viable under normal tidal conditions, yet would regularly flood due to extreme tides, storm surge and watershed flooding. Is it sound planning to approve development that is immediately exposed flooding? The necessary bulkhead to develop this land also appears to increase the risk of flooding in downtown Wilmington. Is it sound planning to approve development that puts the economic core of the County at risk? The proposed development is on wetland soil which is unsuitable to support most development and certainly one of this size. Is it sound planning to approve development on soil that cannot support it? In lieu of the aforementioned issues, we must also consider the risk of stormwater further polluting our communities most essential natural resource, the rivers that converge at this very site. Is it sound planning to approve development that pollutes our waters? Please consider the environmental impacts of this potential development, and the impact of the environment on the potential development, when determining if this is sound planning for the future of our community Board of Commissioners - January 10, 2022 ITEM: 10- 14 - 20 Roth, Rebekah From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Lauren Merceruio <mvolkmar@nhcgov.com> Sent: Wednesday, November 24, 2021 8:53 AM To: nismith@nhcgov.com; Roth, Rebekah; Vafier, Ken Subject: Public Comment on Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) Follow Up Flag: Follow up Flag Status: Flagged ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Lauren Merceruio Address 6508 Fawn Settle Dr Wilmington, NC 28409 United States Map It Projects available for comment. Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) What is the nature of your comment? Oppose project Public Comment In an effort to protect and preserve our shorelines as well as to discourage the overcrowding of our city and our streets, I oppose this project. Thank you for your time. Board of Commissioners - January 10, 2022 ITEM: 10- 14 - 21 Roth, Rebekah From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Erin Clark <mvolkmar@nhcgov.com> Sent: Wednesday, November 24, 2021 8:53 AM To: nismith@nhcgov.com; Roth, Rebekah; Vafier, Ken Subject: Public Comment on Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) Follow Up Flag: Follow up Flag Status: Flagged ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Erin Clark Address 4725 Sweet Fern Row Apt 307 NC, Wilmington 28411 United States Map It Email ecclark01 +:a 9 mail.com Projects available for comment. Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) What is the nature of your comment? Oppose project Public Comment Hello, as someone studying Environmental sciences at UNCW, this issue obviously came to my attention. Please understand the harm this project could do on the nursery, soil, water, and wildlife. As part of the Seabin Project with Keep New Hanover Beautiful, I see first-hand the pollution that lives in the water after construction, for example when the amphitheater on the riverfront was built. Please consider this. Board of Commissioners - January 10, 2022 ITEM: 10- 14 - 22 Roth, Rebekah From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Glenn Wilson <mvolkmar@nhcgov.com> Sent: Wednesday, November 24, 2021 9:14 AM To: nismith@nhcgov.com; Roth, Rebekah; Vafier, Ken Subject: Public Comment on Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) Follow Up Flag: Follow up Flag Status: Flagged ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Glenn Wilson Address 224 colquitt dr Wilmington, North caroling 28412 United States Map It Email Glennwilsoniii @hotmail.com Projects available for comment. Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) What is the nature of your comment? Oppose project Public Comment Hello am writing to ask that you stop allowing development along the cape fear river. I believe the reason we all moved to this beautiful little coastal town was the natural landscape.the beaches and rivers that surround this place are why were here. If you flatten, pave, and build up on every scrap of natural land left in this area you will kill the heart of it. Please dont give in to money and developers. Sincerly Glenn Wilson Board of Commissioners - January 10, 2022 ITEM: 10- 14 - 23 Roth, Rebekah From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Joseph Cullipher <mvolkmar@nhcgov.com> Sent: Wednesday, November 24, 2021 10:07 AM To: nismith@nhcgov.com; Roth, Rebekah; Vafier, Ken Subject: Public Comment on Z21-15 Watermark Apartments (12-2-2021 Planning Board Meeting) Follow Up Flag: Follow up Flag Status: Flagged ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Joseph Cullipher Address 7224 konlack ct 28411 Wilmington, Wilmington NC United States Map It Email Cullipheris(a)gmail.com Projects available for comment. Z21-15 Watermark Apartments (12-2-2021 Planning Board Meeting) What is the nature of your comment? Oppose project Public Comment Wetlands are a vital part of our ecosystem that help sequester harmful environmental pollutants, control flooding, and provide essential habitat for various wetland species. In the face of anthropogenic climate change, building on Point Peter would be equivalent to spitting in someone's face. The phrase beating a dead horse also comes to mind. The science is out. We need to protect our wetlands. No wetlands, no seafood. No seafood, a major loss of economic viability for the state, viability which the great state of North Carolina has long relied upon. Building on Point Peter would be an eye sore for those of us who call this place home, who call the river home, and for the nonhuman inhabitants of this vital location of the Cape Fear. Everything science has shown us is in direct opposition to this building proposal. North Carolina is better than to turn a blind eye to what is known. We're better than this. This project is short sighted and ignorant. Board of Commissioners - January 10, 2022 ITEM: 10- 14 - 24 Roth, Rebekah From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Sarah St.Pierre <mvolkmar@nhcgov.com> Sent: Wednesday, November 24, 2021 10:21 AM To: nismith@nhcgov.com; Roth, Rebekah; Vafier, Ken Subject: Public Comment on Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) Follow Up Flag: Follow up Flag Status: Flagged ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Sarah St. Pierre Address 2827 Bloomfield Ln Unit 302 Wilmington, North Carolina 28412 United States Map It Email Sarah.the.saint D p ail.com Projects available for comment. Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) What is the nature of your comment? Oppose project Public Comment Planning to build here, especially something so large, is extremely careless and is willfully ignorant of the area. The soil here is marshy and this area WILL flood, especially with hurricanes, and will lead to consistent dangers and damages for those who end up on the developed property. Not only will this area experience flooding, but it may actually make flooding and water levels worse in the surrounding areas. It's overall just a poor and not well thought out idea. Another important factor is that it would obstruct our beautiful riverfront view. This view is one of the driving forces of bringing people to Wilmington! To obstruct it with what would essentially be a giant wall would be a huge eyesore and take away from the beauty that is Wilmington. To take away one of Wilmington's key features would, frankly, be insulting. Let's keep Wilmington beautiful and unique by preserving things that define the area. Lastly, the impact on local wildlife would be devastating. This area is important to many different animals, notably serving as a nursery for certain species of fish. Without this, their numbers would decline drastically. Our local wildlife is just as notable as anything else and should be respected. I do hope that this is idea is shut down. Many Wilmingtonians oppose this idea because it takes away from what Wilmington is and should be. We have seen Wilmington change in many ways, for better or worse, but the beautiful riverfront is one of those key features that should be left alone and not obstructed. Having full view of the sunsets down there is really incredible and to have that tarnished would be heartbreaking. Please reconsider, for those of us who have been here our whole lives and for those who have been drawn in by Wilmington's beauty. Board of Commissioners - January 10, 2022 ITEM: 10- 14 - 25 Roth, Rebekah From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Mary K <mvolkmar@nhcgov.com> Sent: Wednesday, November 24, 2021 10:42 AM To: nismith@nhcgov.com; Roth, Rebekah; Vafier, Ken Subject: Public Comment on Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) Follow Up Flag: Follow up Flag Status: Flagged ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Mary K Address 226 Marlboro Street Wilmington, INC 28403 United States Map It Projects available for comment. Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) What is the nature of your comment? Oppose project Public Comment It is important to protect vital ecosystems. Developing this land WILL cause serious damage to this land, water, and surrounding ecosystems. Do better. Do the right thing and don't let this land be developed. Board of Commissioners - January 10, 2022 ITEM: 10- 14 - 26 Roth, Rebekah From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Veronica Meyers < mvo I km a r@ n h cg ov.co m > Sent: Wednesday, November 24, 2021 11:05 AM To: nismith@nhcgov.com; Roth, Rebekah; Vafier, Ken Subject: Public Comment on Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) Follow Up Flag: Follow up Flag Status: Flagged ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Veronica Meyers Address 357 Red Wing In Wilmington, NC 28403 United States Map It Email vmeyers218Lj_ mail.com Projects available for comment. Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) What is the nature of your comment? Oppose project Public Comment Sustainable planning is a NECESSITY now. This project would destroy the few natural shorelines left in Wilmington. We want beautiful landscapes NOT high rises. Put high rises in ALREADY developed areas that aren't at risk of ruining Wilmington's selling point: our nature!!!! Board of Commissioners - January 10, 2022 ITEM: 10- 14 - 27 Roth, Rebekah From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Vanessa Ballabeni <mvolkmar@nhcgov.com> Sent: Wednesday, November 24, 2021 11:50 AM To: nismith@nhcgov.com; Roth, Rebekah; Vafier, Ken Subject: Public Comment on Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Vanessa Ballabeni Address 706 Sykes St Unit A Chapel Hill, NC 27516 United States Map It Projects available for comment. Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) What is the nature of your comment? Oppose project Public Comment Directly harm wildlife and destroy ecosystems native to Wilmington. Possible destruction of shoreline would negatively affect the surrounding area. Board of Commissioners - January 10, 2022 ITEM: 10- 14 - 28 Roth, Rebekah From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Terri Williams <mvolkmar@nhcgov.com> Sent: Wednesday, November 24, 2021 12:25 PM To: nismith@nhcgov.com; Roth, Rebekah; Vafier, Ken Subject: Public Comment on Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) Follow Up Flag: Follow up Flag Status: Flagged ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Terri Williams Address 5202 Ringo Drive Wilmington, NC 28405 United States Map It Email ten iwilliams1196Cdumail.com Projects available for comment. Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) What is the nature of your comment? Oppose project Public Comment Eagle Island supports species not found anywhere else in the world, as well as critical wetland habitat for other native species. Wetlands provide ecosystem services that are vital to the natural upkeep of the river and surrounding natural habitat. The tides and soil type on Eagle Island will not support sustainable, long term high rise development. This project will be detrimental to the beautiful natural scenery we all love here in Wilmington. Much in the same way that we choose to renourish our coastline rather than harden it because we love the pristine, natural beauty of it, we need to approach the rest of our untouched nature in the same way. Wilmington has enough apartments and condos! We need more nature! Board of Commissioners - January 10, 2022 ITEM: 10- 14 - 29 Roth, Rebekah From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Candace Wells <mvolkmar@nhcgov.com> Sent: Wednesday, November 24, 2021 2:03 PM To: nismith@nhcgov.com; Roth, Rebekah; Vafier, Ken Subject: Public Comment on Z21-04M Legacy Landing (12-2-2021 Planning Board Meeting) Follow Up Flag: Follow up Flag Status: Flagged ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Candace Wells Address 937 41 st Street Wilmington, North Carolina 28403 United States Map It Projects available for comment. Z21-04M Legacy Landing (12-2-2021 Planning Board Meeting) What is the nature of your comment? Oppose project Public Comment This project would be harmful to the environment and the economy due to the negative impacts on the Cape Fear River that would result from its completion. Board of Commissioners - January 10, 2022 ITEM: 10- 14 - 30 Roth, Rebekah From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Riley M <mvolkmar@nhcgov.com> Sent: Wednesday, November 24, 2021 2:53 PM To: nismith@nhcgov.com; Roth, Rebekah; Vafier, Ken Subject: Public Comment on Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Riley M Address 515 Hinton James Drive D, NC 27516 United States Map It Projects available for comment. Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) What is the nature of your comment? Oppose project Public Comment This area is important for surrounding ecosystems, and developing the land will directly and indirectly negatively affect wildlife. Board of Commissioners - January 10, 2022 ITEM: 10- 14 - 31 Roth, Rebekah From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Tyler Bullock <mvolkmar@nhcgov.com> Sent: Wednesday, November 24, 2021 3:24 PM To: nismith@nhcgov.com; Roth, Rebekah; Vafier, Ken Subject: Public Comment on Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Tyler Bullock Address 72 Overlook Ct. Angier, NC 27501 United States Map It Email Tylerk5099(@Qmail.com Projects available for comment. Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) What is the nature of your comment? Oppose project Public Comment Point Peter is a landmark in Wilmington and should not be made over to provide more apartments. If anything it should be cleaned up and preserved in its natural state. It will provide a bad backdrop to the battleship and create numerous habitat changes and detrimental effects to a river and ecosystem we have been trying to protect and rebuild for a long time. Board of Commissioners - January 10, 2022 ITEM: 10- 14 - 32 Roth, Rebekah From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Matthew Epperly <mvolkmar@nhcgov.com> Sent: Wednesday, November 24, 2021 5:23 PM To: nismith@nhcgov.com; Roth, Rebekah; Vafier, Ken Subject: Public Comment on Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) Follow Up Flag: Follow up Flag Status: Flagged ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Matthew Epperly Address 5006 Carleton Dr Unit #99 Wilmington, NC 28403 United States Map It Projects available for comment. Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) What is the nature of your comment? Oppose project Public Comment This project puts short term profit ahead of environmental concerns such as increasing damage risk from flooding, rising sea levels, and pollution if the cape fear river. Not to mention the quality of lives of the people who would live in the buildings, as the construction sinks into the marsh soil. Board of Commissioners - January 10, 2022 ITEM: 10- 14 - 33 Roth, Rebekah From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of William Stadler <mvolkmar@nhcgov.com> Sent: Wednesday, November 24, 2021 5:31 PM To: nismith@nhcgov.com; Roth, Rebekah; Vafier, Ken Subject: Public Comment on Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) Follow Up Flag: Follow up Flag Status: Flagged ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name William Stadler Address 315 s 5th Ave Wilmington, Nc 28401 United States Map It Email w1stadler09Ca7gmail.com Projects available for comment. Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) What is the nature of your comment? Oppose project Public Comment That land should never be touched. It will ruin the look of the river, and will be bad for the environment. Not to mention that whatever is built on that land will eventually be eaten by the river. It would all be for a waste. Board of Commissioners - January 10, 2022 ITEM: 10- 14 - 34 Roth, Rebekah From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Jordan Embry <mvolkmar@nhcgov.com> Sent: Thursday, November 25, 2021 6:39 AM To: nismith@nhcgov.com; Roth, Rebekah; Vafier, Ken Subject: Public Comment on Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) Follow Up Flag: Follow up Flag Status: Flagged ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Jordan Embry Address 512 Cape Fear Blvd Carolina Beach, NC 28428 United States Map It Email Jembry21(ogmail.com Projects available for comment. Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) What is the nature of your comment? Oppose project Public Comment What makes Wilmington so attractive is it's coastal areas, natural resources, wildlife and history. Wilmington does not need more useless infrastructure depleting these. Please consider leaving this project alone. Please preserve what TRUE Wilmingtonians love about our beautiful city. Board of Commissioners - January 10, 2022 ITEM: 10- 14 - 35 Roth, Rebekah From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of ELAINE LOGOTHETIS <mvolkmar@nhcgov.com> Sent: Thursday, November 25, 2021 1:13 PM To: nismith@nhcgov.com; Roth, Rebekah; Vafier, Ken Subject: Public Comment on Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) Follow Up Flag: Follow up Flag Status: Flagged ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name ELAINE LOGOTHETIS Address 1810 PERRY AVENUE WILMINGTON, NC 28403 United States Map It Email eleni.loao(ftmail.com Projects available for comment. Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) What is the nature of your comment? Oppose project Public Comment Dear NHC Commissioners, I write to oppose the proposed multi -use development on the west side of the Cape Fear River (CFR) - Z21-16 1100 Point Harbor Rd. It will cause immense damage to the natural habitat. This area is predominately wetlands or part of the CF River's flood zone. The area has floral and faunal species who depend on the habitat for survival. Bulkheads are proposed that will alter the flow of the river and cause flooding and erosion elsewhere on the island and across the river where development is already at high density. The character of Wilmington's downtown waterfront is the natural beauty on this side. The county's rush to develop= open parcels has eroded the character of this city. What you may not realize is that people want a city and community that values our natural lands and wetlands. Moreover, sea levels are rising faster than we can manage everywhere in the world. Without the natural sponges, aka wetlands, water is diverted to roads, parking lots, and homes. I hope you seriously consider the short and severe long term consequences of development of this and future parcels on the Cape Fear's west bank. Board of Commissioners - January 10, 2022 ITEM: 10- 14 - 36 Roth, Rebekah From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Clarice Reber <mvolkmar@nhcgov.com> Sent: Tuesday, November 30, 2021 9:40 AM To: nismith@nhcgov.com; Roth, Rebekah; Vafier, Ken Subject: Public Comment on Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) Follow Up Flag: Follow up Flag Status: Flagged ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Clarice Reber Address 7919 Blue Heron Rd W, #305 Wilmington, NC 28411 United States Map It Email claricereberCdi _gmail.com Projects available for comment. Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) What is the nature of your comment? Oppose project Public Comment I oppose rezoning of Peter Point for multi -use development. One of the major purposes of good planning is to preempt problems in the future. Development in this flood plain would provide financial problems for us not only in the long term, but in the short term as well. We tax payers and you commissioners now and in the future will find ourselves paying for flooding issues with roads, and infrastructure. Here's why: a. This land elevation is less than 10 feet and is in a base flood level of 9 feet. The developers are basing their elevation levels on low tide levels. Wilmington area leads the list in sunny day flooding now and this plan would not provide protection for flooding during normal high tides, let alone super high tides, watershed flooding, storm surge and long term for sea level rise. Roads and infrastructure will need to run through the low elevation levels in this area which will flood at regular intervals. b. The soils in the proposed area are wetland soils. This kind of soil doesn't support big, weighty buildings. c. The soil type and low elevation makes for significant storm water management issues which would lead to run off and even more pollution problems in our river. In addition, this kind of development will likely include placement of bulkheads. Research shows that destruction of natural shorelines amplifies issues related to storm surge and sea level rise simply making the problem worse for not only Peter Point but adjacent areas. We really don't want bulkheads. In summary, why would we permit a major development in a flood zone with low elevation and wetland soils when it will present flooding abatement issues that we will need to pay for in the future. We need to start to cope with flooding issues that we have now. Why add to these costs? The costs will fall on not only us, but our children, and grandchildren. Sounds like "penny wise, pound foolish" to me. I'm sure we can come up with uses of that land that will be of benefit to the county and not a financial burden. Board of Commissioners - January 10, 2022 ITEM: 10- 14 - 37 Roth, Rebekah From: B W <bpwillis88@gmail.com> Sent: Tuesday, November 30, 2021 11:46 AM To: Roth, Rebekah Subject: Opposition comments to Battleship Point Case # Z21-16 and Case # TA21-04 Follow Up Flag: Follow up Flag Status: Flagged ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Dear Ms Roth, Please accept my comments in opposition to the subject development cases. Sincerely Brayton Willis Sitting on a Planning and Zoning Board is not an easy task. I have experienced that task myself. It goes without saying, that making rational, defensible, and objective -based P & Z decisions requires that the entire decision -making body have all the relevant fact -based information and analysis that is available when the critical decision point arrives. Large scale zoning changes as being proposed at Battleship Point will have far-reaching environmental, social, fiscal, and public utility implications which will greatly affect our community .... especially when we look forward 10, 20 or 30 years into the future. I have many reasons why you should deny both cases. As a concerned citizen I have listed them below as questions for you to ask yourself now and at your December 2"d meeting. I have also taken the liberty to add my comments as well (italicized). 1. Are there substantial reasons why the property cannot be reasonably used as zoned? a. 1 believe that the NAACP letter in opposition made some very compelling reasons for denial of both cases. 2. Is the proposed zone change supported by the adopted land use plan? a. No, the current New Hanover County Urban Mixed -use designation specifically states that the number of stories would be a minimum of 1 to a maximum of 7. b. Furthermore, under "General Residential" it states, "Flooding hazard avoidance should be taken into consideration when abutting coastal areas." C. However, under "Conservation" use the plan states, "Conservation places cover areas of natural open space and are intended to protect the natural environment, water quality, and wildlife habitats. They serve the public through environmental education, low -impact recreation and in their natural beauty. Protection may also extend to important cultural or archaeological resources and to areas where hazards are known to exist." 3. Would the change of present district boundaries be consistent in relation to existing uses? a. No. it is currently zoned 1-2. The Peters Point location is a curious outlier in the NHC Land Use Plan. It is an island surrounded by "Conservation" land. How did that happen in an 1-2 zoning district in the middle of a FEMA designated floodplain? 4. Would the change severely impact traffic, public facilities and the natural characteristics of the area or significantly change population density? Board of Commissioners - January 10, 2022 ITEM: 10- 14 - 38 a. From time now and looking ahead thirty years, absolutely. Moreover, natural characteristics of the land will be lost forever. The floodplains of the Lower Cape Fear River are a scarce natural resource and deserve to be respected for their function as well as be protected. 5. Would this rezoning constitute a "spot zone," granting a special privilege to one landowner not available to others? a. Potentially. 6. Is the change contrary to the established land use pattern? Will it adversely affect property values? a. Yes, and Yes to both questions. There would be a loss of natural floodplain functions and important view shed. Has there been a change of conditions in the area supporting the proposed rezoning? a. None that I am aware of. 8. Are adequate sites, properly zoned, available elsewhere to accommodate the proposed use? a. Yes, referring to the NHC Land Use Plan. 9. Is the proposed change out of scale with the needs of the community? a. Great question, what are community needs on Peters Point? And why? b. Yes, the Battleship Point goes in a counter direction to the NHC Land Use Plan. 10. If the change is approved, what will be the probable effect on stimulating similar zoning requests in the vicinity? Would this secondary effect negatively impact community plans and public services? a. Absolutely, there is already a proposal in the works called, "The Wilmington Hotel and Spa," designed to house 290 rooms and rooftop pools on 14 acres between the Cape Fear Memorial Bridge and the USS North Carolina. b. In combination, these projects when completed will put the Lower Cape Fear River floodplain in a bank hardened "straightjacket". Bank hardening is typically designed to reduce erosion and protect property lines. Engineered bulkheads and riprap structures produce detrimental impacts on river hydraulics and hydrology to include the loss of the natural functions of wetland habitats. C. The applicant has yet to apply for the necessary NC DEQ stormwater permit. it is difficult to imagine that one would be granted considering that this development would be consider an "intensive" use of this property with an extremely large impervious footprint on land that has a high groundwater level. Flood runoff detention ponds would be non-functional because of the high ground water and the site's runoff detention time would be near instantaneous. 11. Is the proposed change precedent setting? a. Absolutely. There is nothing like this proposed structure in the 1-2 Zoning District at Peters Point or nearby on the west bank of the river. 12. Is the proposed boundary appropriate? a. In my opinion, absolutely not. 13. Was there a mistake in the original zoning classification? a. in my opinion, yes, absolutely. 14. 1 would ask the NHC planners and FEMA for that matter, what is in the future for the Floodplain Mapping Program? Right now, is a great time to ask that question? a. In the words of Joel Scato — Water and Climate Attorney for the National Resources Defense Council - Water Initiatives, Healthy People & Thriving Communities Program, "FEMA has not comprehensively amended the standards for building and land -use in flood -prone areas since the early 1970's. As such, not only are the standards ill-equipped to address the floods of today —modern model building codes exceed FEMA's requirements —the standards are also wholly insufficient to prepare communities for the impacts of climate change. Congress also mandates FEMA include future conditions, such as projections of sea level rise, whenever it revises and updates NF1P flood maps. These maps govern where and how development and infrastructure is built. FEMA has not included future conditions on any of the 8,000 maps the agency has updated since Congress imposed its mandate. That means communities are making development decisions based on the climate of the past, not the future." Board of Commissioners - January 10, 2022 ITEM: 10- 14 - 39 b. Here are some of the important issues that Congress is asking FEMA to address that should be of great concern to your current zoning decisions: • Improved elevation requirements for at -risk development in floodplains and low-lying coastal areas. • New standards to protect critical infrastructure, like hospitals, fire, and police stations, and drinking water plants • Reconsidering whether the 100-year flood is the appropriate benchmark for flood risk, or whether the nation should be anticipating greater levels of flooding given extensive flood damage has increasingly been occurring well beyond the boundaries of mapped 100-year floodplains • Factoring in projections of climate impacts, like sea level rise, into the minimum floodplain standards to prepare communities for future flooding • Better supporting local communities to reduce their flood risk through capacity building and enforcement support Looking forward into the future, say 10, 20 or 30 years, what will the Peters Point location look like? How will ever- increasing sea -level rise, more intense upstream rainfall events, storm surge, more frequent hurricanes, and, yes, deepening of the Cape Fear River, impact the Peters Point location or the rest of our Wilmington Metro area for that matter? Here is another important question for our NHC Planners, "Has there been any dynamic flood modeling done for this development as well as the composite of all the future development planned for this area including the proposed hotel to the south, the proposed Isabel Holmes Flyover, the proposed rail realignment project and the Port's proposed channel deepening project? Proper planning is cheap .... recovering from natural or man -caused disasters is incredibly expensive, especially for us, the taxpayers. Dynamic flood modeling is an essential tool that would help planners, planning boards and elected officials to assess the local riverine impacts of climate change coupled with the compound flooding impacts caused by hurricanes, upstream flood events, storm surge and dredging. On December 1, 2021, the City of Wilmington Planning Commission acted on a three -lot single-family subdivision with an access easement on 0.75 acres at 2101 Carlton Ave. The owners of the land were seeking a rezoning for a three -lot single-family subdivision with an access easement. City planning; staff recommended officials reject these plans since "the prospect of an additional lot located within a floodplain is inconsistent with the policies of the [Create Wilmington Comprehensive Plan . Board of CommissiAers - January 10, 2022 ITEM: 10- 14 - 40 Roth, Rebekah From: robert parr <nativewildtrout@gmail.com> Sent: Tuesday, November 30, 2021 12:03 PM Subject: Reasons to Oppose the Riverfront Urban Mixed -Use Zoning District (RUMXZ) and proposed Villages at Battleship Point (VBP) development Follow Up Flag: Follow up Flag Status: Flagged ** External Email: Do not click links, open attachments, or reply until you know it is safe ** $500M development located on the lowest ground in New Hanover County — ground that routinely floods with high tides, Cape Fear River Flooding, Hurricane Storm Surges and the increasing effects of Sea Level Rise. $500M development located at the Funnel Point (Drain Point) of the entire Cape Fear River Watershed. Cape Fear River Watershed — largest watershed in NC — stretching from Greensboro, flowing past Raleigh and Fayetteville eventually draining at the Funnel Point (Drain Point) on the shoreline of RUMXZ and VBP. Slow moving storms traveling into the Cape Fear Watershed (Floyd, Matthew, Florence) dump hundreds of billions of gallons of rain water into the watershed that drains to the funnel point - rushing against the shoreline of RUMXZ and VBP. No data— Neither the Planning Department nor the development group have supplied any detailed, technical data supporting the safety, advisability, life span or future threatened infrastructure costs to New Hanover County and Wilmington - for intense urban development in one of the most flood prone sites in New Hanover County. No Data — NCDOT and WMPO have supplied a Traffic Impact Assessment for a secondary road branching off Point Harbor Road under the Thomas S. Rhodes (421) bridge. The area selected for the proposed road is Board of Commissioners - January 10, 2022 ITEM: 10- 14 - 41 narrowly constricted between the pillars (marked by past flooding) and the overhanging bridge, has tidal waters flowing just below the surface, has flooded with Matthew, Florence and Isaias, is projected to be flooded with daily high tides due to sea level rise in future decades — and the TIA has been proposed and passed by NCDOT and WMPO — without data or consideration for present or future flooding or sea level rise — No Data. Belated Erroneous Flood Mitigation Plan —The flood mitigation addendum recently inserted into the application packet, was developed only after the question of the safety and the long- term viability of Point Harbor Road was raised with NCDOT and WMPO - in private communications. The Flood Mitigation Plan is full of scientific errors and appears to have been written retrospectively with a simple solution to a highly complex and technically challenging problem (intense urban development with a single road access in a Compound Flood Zone) - to simply raise the roadway. RUMXZ, VBP and Point Harbor Road are part of a dynamic flood plain — ever changing and ever becoming more dangerous and formidable. A flood plain that has never seen intense urban development in the history of Wilmington and New Hanover County and should never see it at this time or in the future. In these matters the Cape Fear River and the Atlantic Ocean determine the parameters of development and simply saying raise the roadway is inadequate to the problem at hand. RUMXZ and VBP sites are presently experiencing high tide flooding on a regular basis - at an accelerating rate. Recent studies have listed Wilmington as the number one city in the United States for coastal communities with regard to increasing frequency of tidal flooding. The National Weather Service - Wilmington Area Coastal Flood Advisory presently lists Point Harbor Road on their Flood Advisory Website. Similar listed roads: Water Street, Battleship Road, USS North Carolina Road, River Road, sections of US 421— all have experienced Board of Commissioners - January 10, 2022 ITEM: 10- 14 - 42 significant flooding on a regular basis in recent years. These selected roadways, including Point Harbor Road, are expected to flood significantly higher and more frequently based on sea level rise projections supplied by NOAA and NC Flood Inundation Mapping and Alert Network. Single Road Access — Point Harbor Road is the only support road for the intense, urban development envisioned for RUMXZ and VPB. One road in and the same road out is not optimum for a large commercial parking lot - let alone a proposed $500M zoning district or multistory, high rise, residential/commercial enterprise located in Compound Flood Plain on some of the lowest ground in New Hanover County. At the last Planning Board Meeting the development did not want to talk about flooding — but past, present and future flooding is why RUMXZ and VBP will fail in future years — in future years adding to County/City expenses at a time when New Hanover County and Wilmington financial reserves will be stretched to the maximum. As thoroughly documented by the National Association for the Advancement of Colored People — Brunswick County and New Hanover County Branches — both RUMXZ and VPB are designed to run counter to the fundamental principles of the North Carolina Climate Risk Assessment and Resilience Plan and multiple other New Hanover County, North Carolina and National resiliency plans. This body of work represents thousands of hours of work by hundreds of dedicated planners, scientists, engineers and community/commercial stakeholders and should not be simply ignored at this time. Perhaps most importantly —North Carolina has now been hit by two 1,000-year floods within the past five years. The newly minted NC state budget includes millions of dollars of financial incentives for a statewide Flood Resiliency Blueprint to guide strategy at the local and state level, a new transportation infrastructure Board of Commissioners - January 10, 2022 ITEM: 10- 14 - 43 resiliency fund, a new disaster relief fund, money for local coastal planning and management grants and financial support for communities to hire coastal resiliency planners. It is fair to assume that obtaining these funds will be competitive and RUMXZ and VPB will not be viewed as helpful in these matters. It is past time for New Hanover County and the City of Wilmington to be considering concepts like RUMXZ and VBP and time to move forward to the important work that needs to addressed - at this critical time in our history. There are university based Coastal Development Resiliency Programs available at this time to assist in this task. If any questions happy to discuss with you further at any time. Dr. Robert Parr 910 520 6449 Board of Commissioners - January 10, 2022 ITEM: 10- 14 - 44 Roth, Rebekah From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Leonard S. Bull, PhD < mvo I kma r@ n h cg ov.co m > Sent: Wednesday, December 1, 2021 8:56 AM To: nismith@nhcgov.com; Roth, Rebekah; Vafier, Ken Subject: Public Comment on Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Leonard S. Bull, PhD Address 3755 Old Sand Mine Dr Wilmington, NC 28412 United States Map It Email homebullra)aol.com Projects available for comment. Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) What is the nature of your comment? Oppose project Public Comment This project should be rejected. My concerns are about the probability that the initial construction and maintenance costs to provide road access will be excessive, there is a major concern about flooding, and I am very concerned that the footing on this island (dredgings based?) is totally inadequate to support the structures planned. Do we want to create another situation like Florida had earlier this year with collapse of a high-rise on the beach??? This is a totally folly project and needs to be rejected. Board of Commissioners - January 10, 2022 ITEM: 10- 14 - 45 North Carolina Coastal Federation Working Together for a Healthy Coast December 1, 2021 New Hanover County Planning Department 230 Government Center Drive Wilmington, NC 28403 Rezoning Request 1Z21-161 Request by KFJ Development Group, LLC, on behalf of DBDL, LLC, to rezone —8.34 acres to RUMXZ at 1100 Point Harbor Road. Text Amendment 1TA21-041 Request by KFJ Development Group, LLC, to amend the Unified Development Ordinance to establish a new zoning district, RUMXZ. Dear members of the New Hanover County Planning Board, On behalf of the North Carolina Coastal Federation, please accept the following comments on KFJ Development Group's rezoning request (Z21-16) and text amendment (TA21-04). The federation is a non-profit organization dedicated to protecting and restoring the North Carolina coast. Our organization represents 16,000 supporters statewide and works with the public, agencies and local governments to communicate and collaborate wherever possible towards solutions that lead to the stewardship and resiliency of our coast. As proposed, the RUMXZ district is not appropriate for the locationidentified and further elates our residents, community and environment at risk. In 2018, the federation adopted the Lower Cape Fear River Blueprint, which is a collaborative effort focusing on the river's estuarine and riverine natural resources. Pressures from historic alterations, short-sighted development, unregulated industrial uses, conflicting water uses, and changes associated with climate alterations have affected drinking, surface and groundwater water supplies and quality, as well as ecosystem health. Through the unified approach outlined in the Blueprint, the federation aims to protect and restore the Lower Cape Fear River to maintain a healthy, productive, and resilient coast and empower communities and partners to work together to improve the river and surrounding watershed's overall health and water quality. The proposed rezoning is in direct conflict of these strateuies and inconsistent with lone -term conservation efforts within the Lower Cape Fear. After reviewing the complete application, we are concerned that while the RUMXZ district may be appropriate in other areas of the county, it is not in the best interest of the county for the property known as Peter's Point. Ample information has been provided by local and state experts to evaluate the total potential impacts of such a rezoning, and to make an informed decision that will serve to both protect citizens and allow for reasonable business development. Specifically, we ask you to take the following into consideration: Northeast Region Headquarters & Central Region Southeast Region 637 Harbor Road, P.O. Box 276 3609 N.C. 24 • Newport, NC 28570 309 W. Salisbury Street Wanchese, NC 27981 252.393.8185 Wrightsville Beach, NC 28480 252.473.1607 www.nccoast.org 910.509.2838 Board of Commissioners - January 10, 2022 ITEM: 10- 14 - 46 North Carolina Coastal Federation Coastal Resiliency The wetlands that fringe our estuarine waters are some of the most productive and valuable natural habitats in the world. The federation has restored and created thousands of linear feet of coastal marshes to thwart erosion, enhance water quality and habitat and demonstrate their utility. In addition to preventing shoreline erosion, coastal marshes serve to prevent and mitigate flooding. With maximum elevation at Peter's Point not exceeding 8 feet, it is not difficult to discern why flooding poses significant risk to not only property, but also public safety. Nuisance flooding, also known as `sunny day flooding' currently threatens much of Peter's Point. Far beyond just a `nuisance,' this type of flooding can have serious impacts on coastal communities. It can pollute drinking supplies via saltwater intrusion, shutter businesses, flood homes, close roads, and cause drainage and storm -water systems to be overwhelmed or back up completely, leading to streets being flooded with excess water. Infrastructure which is not designed to withstand saltwater can corrode and potentially cease to function. As coastal climate change impacts continue to emerge, nuisance flooding will only become worse. According to NOAA, the amount of nuisance floods which occurred in the U.S. in 2015 was at least double the amount from 1995. In 2015, Wilmington saw a staggering 90 days of flooding, an all-time record for the city and an increase of 19 days as compared to 2014. By 2045, Wilmington is predicted to be spending more than 5% of each year underwater, or more than 345 hours. Developers have stated that Peter's Point is 9 feet above sea level, but this is in reference to Mean Low Water. Recent average Mean High Water levels are — 5-6 feet above Mean Low Water, making the current freeboard for the proposed development —3-4 feet, at best. North Carolina has now been hit by two 1,000-year floods within the past five years. Even in the absence of storm events (which are only expected to increase in both frequency and intensity) nuisance flooding would put any future development at Peter's Point underwater in short time. The proposed rezoning would not only put future infrastructure at risk for flooding, but also our countv's residents who would work, reside and visit the proposed development. Our already strained count , resources would be dispro2ortionally sent on addressing crises that can be altogether avoided by not rezoning Peter's Point. Primary Nursery Areas The N.C. Division of Marine Fisheries has designated the entire shoreline of Peter's Point as primary nursery area (PNA). As defined in 15 NCAC 3B.1405, PNAs are those areas in the estuarine and ocean system where initial post -larval development of finfish and crustaceans takes place. The N.C. Marine Fisheries Commission designates PNAs to protect habitat, particularly the bottom structure, including sea grasses, oyster rocks, sand and mud, as well as adjacent Board of Commissioners - January 10, 2022 ITEM: 10- 14 - 47 North Carolina Coastal Federation wetlands. In addition, the N.C. Environmental Management Commission designates all PNAs as High Quality Waters, limiting point source discharges and stormwater runoff. Further, in 2008, the U.S. Fish and Wildlife Service noted the Lower Cape Fear River system deserves the designation of an "aquatic resource of national importance" and in 2000, the Nature Conservancy designated the Lower Cape Fear River as a biodiversity hotspot. As deemed necessary by the Coastal Resources Commission, PNAs serve to protect the resource values identified in the designation including, but not limited to, those values contributing to the continued productivity of estuarine and marine fisheries and thereby promoting the public health, safety and welfare. It is crucial we take active steps to protect these habitats that play such an important role in the health of the coast and its economy. Many federal. state and local agencies and organizations have spent millions of dollars on land conservation pro ects to protect water uel ality and provide public recreational opportunities within the lower river. Moving forward with the proposed rezoning would trivialize and potentially negate these efforts, lessening; resources for the jueater community. Protected Species In 2017, the National Marine Fisheries Service designated the Lower Cape Fear River as critical habitat for the endangered Carolina population of Atlantic sturgeon. In doing so, the agency emphasized the importance of dissolved oxygen to the species, including larval, juvenile, and subadult growth, development, and recruitment. The Cape Fear River supports a small population of Atlantic and shortnose sturgeon, with the Atlantic sturgeon population suspected to be less than 300 spawning adults. Acoustic monitoring carried out by N.C. Department of Environmental Quality in 2013 documented the occurrence of 46 Atlantic sturgeon and one shortnose sturgeon in the lower estuary. The Lower Cape Fear River estuary supports recreationally and commercially important marine species, such as red drum, southern flounder, blue crab, and striped mullet and still maintains an oyster and shellfish stock. In 2014 alone, DMF estimated that the Lower Cape Fear River supported 467 jobs, $14.2 million in income, and $35.7 million in business sales. A healthy coastal environment and the economy are tightly linked. Allowing development on a property surrounded by PNA habitat would jeopardize not only protected and endangered species, but also diminish and destroy habitat for a number of commercially viable species crucial to the success of the region. Wetlands are the kidneys of the coast Protection of water quality, prevention of flood and erosion and provision of wildlife habitat and fish nursery areas are only some of the critical functions that wetlands provide. In their water quality enhancement role, wetlands serve as natural buffers between uplands Board of Commissioners - January 10, 2022 ITEM: 10- 14 - 48 North Carolina Coastal Federation and waterways. They are filtration systems that trap sediment and remove toxic pollutants carried from upstream water bodies. They slow down and filter agricultural and stormwater runoff reducing the volume of freshwater intrusion and harmful bacterial loads into estuaries. The primary cause of water quality impairment in coastal watersheds is stormwater runoff, which increases as natural, vegetated environments are converted to developed areas, increasing the amount of impervious surface. During rain events and storms, pollutants are transported downstream by stormwater runoff. As the intensity of land use increases, runoff carries increased amounts of bacteria, nutrients, chemicals and physical pollution into coastal waterways. This pollution is the reason why stormwater runoff is now considered the major cause of flooding and water pollution in North Carolina. Wetland soils dominate at Peter's Point; these poorly drained hydric soils have vcKY flow infiltration and make stormwater management even more difficult. The addition of any pervious surfaces at the property would not only negatively impact water quality, but also increase flood risk for the entire area. New Hanover County has the opportunity to protect and enhance vital coastal and estuarine ecosystems and thus make this coastal community more resilient to the effects of a changing climate. By carefully considering the impacts of zoning districts and future development, it is possible to enhance the resilience of our community. We thank you for the opportunity to be involved in this important decision and respectfully ask you to consider the science brought forth to ensure the protection of our residents, community and environment for many years to come. Sincerely, <tAA� +ZrV Kerri Allen Coastal Advocate Board of Commissioners - January 10, 2022 ITEM: 10- 14 - 49 Total Neutral: 1 Public Hearing Text Amendment Request (TA21 -04) - Request by Fran k Pasqu ale with KFJ Development Grou p, LLC to amend Articles 3 and 4 of the Unified Development Ordinance to establish a new zoning district, the Riverfront Urban Mixed - Use Zoning District. Public Hearing Rezoning Request (Z21-16) - Request by Frank Pasquale with KFJ Development Group, LLC, on behalf of Ray Bordeauxwith DBDL, LLC, to rezone approximately 8.34 acres of land located at 1100 Point Harbor Road from 1-2, Heavy Industrial to RUMXZ, Riverfront Urban Mixed -Use Zoning Districtfor a mixed -use development. Board of Commissioners - January 10, 2022 ITEM: 10- 14 - 50 Roth, Rebekah From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Roger Shew < mvol kmar@ nhcgov.com > Sent: Sunday, November 28, 2021 10:28 AM To: nismith@nhcgov.com; Roth, Rebekah; Vafier, Ken Subject: Public Comment on Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) Attachments: The-POINT-Information-Shew.pdf Follow Up Flag: Follow up Flag Status: Flagged ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Roger Shew Address 4910 Park Ave Wilmington, NC 28403 United States Map It Email rshew1024(e�gmail.com Projects available for comment. Z21-16 1100 Point Harbor Road (12-2-2021 Planning Board Meeting) What is the nature of your comment? Neutral Public Comment My name is Roger Shew. I teach Geology and Environmental Science at UNCWilmington. I tell you this just to provide my background; the information and comments are my own and do not represent UNCW in any way. I am contacting you to provide information that I feel is important for your discussions on the proposed development at the Point by the KFJ Development Group that will be discussed this Tuesday at your Planning Board meeting. Although I have opinions on the proposed plan based on the characteristics of the site, my primary goal is to provide scientific information on the area's current characteristics and issues as well as projections for the area in the near future. I believe these should be studied and considered in your deliberations. The attached document illustrates the topography, nuisance flooding characteristics and projections, sea level rise scenarios from NOAA, wetland soils, and significant nursery ground presence in the area. The wetlands, low elevation, and near future water level scenarios are not adequately addressed in the information in the applicant's plans, which is why I wanted to supply the attached maps and other information to you. In summary: 1. The elevations east of HWY 133 are mostly less than 5 feet — not 9 feet. Raising grade 2 feet will not remedy the flooding now and in the future. 2. The low lying area is dominated by wetland, organic rich soils (type is Dorovan soil). Stormwater management is difficult in soils that have low infiltration rates. The concept of elevating the wetlands is not well described in the proposal from KFJ Development Group. 3. Nuisance flooding and sea level rise projections are not fully incorporated in the plans and will be problematic, if not now, in the near future based on NOAA projections. 4. Care must be taken with shoreline use/development as these are primary nursery ground areas. Board of Commissioners - January 10, 2022 ITEM: 10- 14 - 51 If you have questions, I would be happy to try to address them. Thank you for your time. Upload supporting files • The-POINT-Information-Shew.pdf Board of Commissioners - January 10, 2022 ITEM: 10- 14 - 52 c O U O +- O 4- (A o tn E ca cv w _ O dO ao m c -J oa° 0 N -0 N - " O a Q O m 4A = N U ii 3 41 N m 0 t +, V °40 +'' a •a ° o ° c o a L •; ++CL m r ° i t = w o 'O ca a i C7 ai U cv O m GJ OJ C p J M c0 E•£ bA c= N W z LL m (A fC G Vf Vol d Gl ITEM: 10- 14 - 53 I I!. 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'i +4a+ s ca cu 3 0 L > Ln 4.0 M `n O t � Board of Commissioners - January 10, 2022 ITEM: 10- 14 - 67 Total In Support: E Public Hearing TextAmendment Request(TA21-04) - Requestby Frank Pasquale with KFJ Development Group, LLC to amend Articles 3 and 4 of the Unified Development Ordinance to establish a new zoning district, the Riverfront Urban Mixed - Use Zoning District. Public Hearing Rezoning Request (Z21-16) - Request by Frank Pasquale with KFJ Development Group, LLC, on behalf of Ray Bordeauxwith DBDL, LLC, to rezone approximately 8.34 acres of land located at 1100 Point Harbor Road from 1-2, Heavy Industrial to RUMXZ, Riverfront Urban Mixed -Use Zoning Districtfora mixed -use development. Board of Commissioners - January 10, 2022 ITEM: 10- 14 - 68 Roth, Rebekah From: Howard Yonas <howardyonas1 @gmail.com> Sent: Thursday, November 25, 2021 2:52 PM To: Roth, Rebekah Subject: battle Ship Point Project Follow Up Flag: Follow up Flag Status: Flagged ** External Email: Do not click links, open attachments, or reply until you know it is safe ** The project to develop the Battle Ship Point as proposed for development by Frank Pasquale's group would be a major advance for the region. The property has been an eye sore with minimal industrial development that makes the site even less attractive. As a boat owner that owns a slip at Port City Marina I have been embarrassed to bring family and friends to enter the Cape Fear River on my boat across from the Point. The proposal I have seen is exciting and it would clearly enhance Wilmington as a destination site from across the United States. I am excited to see a modern attractive development on the point. I hope the region planning authority will agree with my observations. I am a resident of Wilmington having moved from Albuquerque New Mexico 5 years ago. I look forward to the positive evolution of my city and our region and especially the development of the Battle Ship Point area as currently proposed. I am Howard Yonas MD. 904 Fox Ridge Place Wilmington NC 28405 1 Board of Commissioners - January 10, 2022 ITEM: 10- 14 - 69 Roth, Rebekah From: Rod Deremiah <rodderemiah@sbcglobal.net> Sent: Monday, November 29, 2021 4:52 PM To: Roth, Rebekah Subject: villages at battleship pointe Follow Up Flag: Follow up Flag Status: Flagged ** External Email: Do not click links, open attachments, or reply until you know it is safe ** dear ms Roth, i am writing this to support you approving this project at your next meeting based on what i know about this project, i think it would definitely be a positive addition for the city and county to have built thank you for your consideration, rod deremiah address; 822 fox ridge In, landfall, wilmington, nc I Board of Commissioners - January 10, 2022 ITEM: 10- 14 - 70 Roth, Rebekah From: Wayne Grimm <grimm123@comcast.net> Sent: Tuesday, November 30, 2021 12:00 PM To: Roth, Rebekah Subject: Support of "Villages at Battleship Pointe" Project Follow Up Flag: Follow up Flag Status: Flagged ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Dear Ms. Roth, am writing in support of the "Villages at Battleship Pointe" project schedule for rezoning at your upcoming meeting of December 2, 2021. I am in favor of advancing this project to the position of reality in the coming future. The project creates a special opportunity to elevate and diversify the New Hanover County local environment. This project presents a positive potential to enhance the local community in a unique complimentary manner with the adjourning riverfront venue and the traditional downtown business area. The project creates the possibility of presenting a new marketing position of combing the traditional with a dynamic futuristic destination attraction stimulating national and international interest to our wonderful community. Furthermore, the project has solid potential to increase jobs, enhance tax bases, elevate tourism, and support complimentary industries in our area! Please support this project as an enhanced offering to promote the dynamic growth and elevate the life style in the greater New Hanover County area! Thank you and best regards, Wayne M. Grimm 2101 Graywalsh Drive Wilmington, NC 28401 Cell 954-93-6029 i Board of Commissioners - January 10, 2022 ITEM: 10- 14 - 71 Reference: The Villages at Battleship Pointe We moved to Downtown Wilmington in early 2016, in large part because of the wonderful Riverwalk which we use daily. What a great addition to our waterfront and testimony to the forward -thinking of Wilmington city leaders! The New Hanover is currently reviewing plans for a project on the west side of the Cape Fear which we believe will be transformative to our waterfront. We support it wholeheartedly. So much positive -oriented construction has occurred on our riverfront and we see visitors and new residents every day enjoying the gem which our Downtown has become. The improvements in the application you are reviewing can only add to an already beautiful area that has been reclaimed from what arguably could be described as blighted. Thank you for your good work for our county and for a positive consideration of this project Stephen and Victoria Stanfield -Switzer 124 Walnut Street #505 Wilmington NC 28401 910-622-3621 or 828-577-3321 Board of Commissioners - January 10, 2022 ITEM: 10- 14 - 72 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/10/2022 Regular DEPARTMENT: Planning PRESENTER(S): Ron Meredith, Current Planner CONTACT(S): Ron Meredith; Rebekah Roth, Planning & Land Use Director SUBJECT: Public Hearing Rezoning Request - (Z21-04M) - Request by RSC Engineering, PLLC, on Behalf of the Property Owner, Cape Fear Habitat for Humanity, Inc., to Modify an Existing (CZD) R-10 Zoning District, Containing Approximately 4.9 Acres of Land, Located in the 3200 Block of Reminisce Road, to Add a Proposed Stormwater Pond BRIEF SUMMARY: The applicant is proposing to modify an existing (CZD) R-10 zoning district, containing approximately 4.9 acres of land, located in the 3200 block of Reminisce Road, to add a proposed stormwater pond. In May 2021, the Commissioners approved a (CZD) R-10, Conditional Residential 10 district. Access to the development was approved off Reminisce Road, a public local street, via a new private right-of-way connection, Dorsey Lane. The initial approval conditioned stormwater management facilities were to be provided via a roadside swale in lieu of a stormwater pond. This application proposes to modify the existing conditional zoning district (Case# Z21-04) to add a proposed stormwater pond to the already approved residential (CZD) R-10, Conditional Residential 10 district, previously approved for 11 single-family detached homes. While there is a shift in the 11-lot configuration, the number of lots remains the same. The updated conceptual plan complies with the county's standards for a conventional subdivision, including zoning dimensional standards, access and open space requirements. Access to the site remains off Reminisce Road, a public local street, via a new private right-of-way connection, Dorsey Lane. Maintenance of Dorsey Lane will be the responsibility of the homeowners' association. The proposed modifications will not result in additional lots or traffic. The request is to change the stormwater management tool utilized from roadside swales to a stormwater pond. The applicant proposes that the lots range from about 10,000 square feet to about 15,000 square feet. The proposed lot sizes and single-family housing type are similar to existing development in the neighborhood. The proposed modification to the conditional R-10 zoning district, is generally CONSISTENT with the 2016 Comprehensive Plan because it provides residential development similar to the density of adjacent neighborhoods and is in line with the density recommendations for General Residential areas. The Planning Board considered this application at their December 2, 2021 meeting. At the meeting, no one spoke in opposition. The Planning Board recommended approval (7-0). The Planning Board found the application to be CONSISTENT with the purposes and intent of the Comprehensive Board of Commissioners - January 10, 2022 ITEM: 11 Plan because the project's use and density are in line with the recommendation for General Residential areas. The Planning Board also found APPROVAL of the rezoning request is reasonable and in the public interest because the proposal remains consistent with the existing development pattern of the surrounding area and will allow for needed infrastructure. STRATEGIC PLAN ALIGNMENT: • Intelligent Growth & Economic Development o Encourage development of complete communities in the unincorporated county ■ Ensure NHC has appropriate housing to support business growth RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff concurs with the Planning Board's recommendation and suggests the following motion: I move to APPROVE the proposed modification to the existing conditional R-10 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project's use and density are in line with the recommendation for General Residential areas. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal remains consistent with the existing development pattern of the surrounding area and will allow for needed infrastructure. Alternative Motion for Denial I move to DENY the proposed modification to the existing conditional R-10 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project's use and density are in line with the recommendation for General Residential areas, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the existing development pattern of the surrounding area and will adversely impact the adjacent neighborhoods. ATTACHMENTS: 721-04M Script BOC 721-04M Staff Summary 721-04M zoning 721-04M Neighboring Properties Map 721-04M Future Land Use Map Applicant — Materials —Insert Rezoning pplication Mailout_Legacy Landing Community Meeting Summary B60-P257 Recorded Surrey COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Board of Commissioners - January 10, 2022 ITEM: 11 Recommend approval as presented by staff. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - January 10, 2022 ITEM: 11 SCRIPT for Zoning Map Amendment Application (Z21-04M) Request by RSC Engineering, PLLC, on behalf of the property owner, Cape Fear Habitat for Humanity, Inc., to modify an existing (CZD) R-10 zoning district, containing approximately 4.9 acres of land, located in the 3200 block of Reminisce Road, to add a proposed stormwater pond. 1 . This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant's presentation (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. Applicant's rebuttal (up to 5 minutes) e. Opponent's rebuttal (up to 5 minutes) 3. Close the public hearing 4. Board discussion 5. Vote on the application. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why approval or denial of the rezoning request is reasonable and in the public interest. Example Motion for Approval I move to APPROVE the proposed modification to the existing conditional R-10 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project's use and density are in line with the recommendation for General Residential areas. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal remains consistent with the existing development pattern of the surrounding area and will allow for needed infrastructure. Alternative Motion for Denial I move to DENY the proposed modification to the existing conditional R-10 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project's use and density are in line with the recommendation for General Residential areas, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the existing development pattern of the surrounding area and will adversely impact the adjacent neighborhoods Board of Commissioners - January 10, 2022 ITEM: 11- 1 - 1 Alternative Motion for Approval/Denial: I move to [Approve/Deny] the proposed rezoning to a Conditional R-1 0, district. I find it to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] I also find [Approval/Denial] of the rezoning request is reasonable and in the public interest because [insert reasons] Board of Commissioners - January 10, 2022 ITEM: 11- 1 - 2 STAFF REPORT FOR Z21-04M CONDITIONAL ZONING DISTRICT APPLICATION APPLICATION SUMMARY Case Number: Z21-04M Request: Modification of a (CZD) R-10 District Applicant: Property Owner(s): Sonya Edens with RSC Engineering, PLLC Cape Fear Habitat For Humanity Inc. Location: Acreage: 3200 Block of Reminisce Road 4.90 acres PID(s): Comp Plan Place Type: R02500-003-004-000 General Residential Existing Land Use: Proposed Land Use: Undeveloped Single -Family Residential Current Zoning: Proposed Zoning: (CZD) R-10, Conditional Residential 10 district (CZD) R-10, Conditional Residential 10 district ■ R-20 Subject Si SURROUNDING AREA LAND USE ZONING North Single -Family Residential R-20 East Single -Family Residential (Rivendell Bay, Oakley Circle) R-20, R-15 South Single -Family Residential (Apple Valley) R-20 West Single -Family Residential (Apple Valley and Walnut Hills) R-20, R-10 Z21-04M Staff Report BOC 1.10.2022 Page 1 of 13 Board of Commissioners - January 10, 2022 ITEM: 11- 2 - 1 ZONING HISTORY July 1, 1974 Initially zoned R-20 (Area l0A) May 3, 2021 (CZD) R-10, Conditional Residential 10 district COMMUNITY SERVICES Water/Sewer Water and sewer service is available through CFPUA via a mainline extension and pump station. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Station Wrightsboro. Schools Wrightsboro Elementary, Holly Shelter Middle, and New Hanover High Schools. Recreation Optimist Park, Northern Regional Park, Blue Clay Bike Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Z21 -04M Staff Report BOC 1.10.2022 Page 2 of 13 Board of Commissioners - January 10, 2022 ITEM: 11- 2 - 2 APPROVED CONCEPTUAL SITE PLAN • In May 2021 the Commissioners approved a (CZD) R-10, Conditional Residential 10 district consisting of 4.90 acres for an 1 1 -lot single-family subdivision. • Access to the development was approved off Reminisce Road, a public local street, via a new private right-of-way connection, Dorsey Lane. • The initial approval conditioned stormwater management facilities to be provided via a roadside swale in lieu of a stormwater pond. PROPOSED CONCEPTUAL SITE PLAN • This application proposes to modify the existing conditional zoning district (Case# Z21 -04) to add a proposed stormwater pond to the already approved residential (CZD) R-10, Conditional Residential 10 district. • While there is a shift in the 1 1 -lot configuration, the number of lots remains the same. • The updated conceptual plan complies with the County's standards for a conventional subdivision, including zoning dimensional standards, access and open space requirements. • Access to the site remains off Reminisce Road, a public local street, via a new private right- of-way connection, Dorsey Lane. Maintenance of Dorsey Lane will be the responsibility of the homeowners' association. Z21-04M Staff Report BOC 1.10.2022 Page 3 of 13 Board of Commissioners - January 10, 2022 ITEM: 11- 2 - 3 Applicant's Conceptual Site Plan with Staff Markups Applicant's Approved Site Plan with Staff Markups Z21 -04M Staff Report BOC 1.10.2022 Page 4 of 13 Board of Commissioners - January 10, 2022 ITEM: 11- 2 - 4 AREA SUBDIVISIONS UNDER DEVELOPMENT Development Total Units Built Remaining River Bluffs 738 ��2318 � Bountiful Village 35 ,Sunset Reach 68 ILL iiiiiiiiiiiiiiijill Page 5 of 13 TRANSPORTATION • Access is proposed to be provided to the subject property from Reminisce Road, an NCDOT maintained road that connects to Rockhill Road. In addition, the nearby public street network in the Apple Valley subdivision connects to Oakley Road to the south. Both Oakley Road and Rockhill Road connect to Castle Hayne Road. • The applicant has also designed the site to allow for a future connection to the adjacent undeveloped parcel to the northeast. • A traffic signal was installed at the intersection of Oakley Road and Castle Hayne Road in 2020. Z21 -04M Staff Report BOC 1.10.2022 Page 6 of 13 Board of Commissioners - January 10, 2022 ITEM: 11- 2 - 6 • As currently zoned, the (CZD) R-1 0 zoning proposed 1 1 detached single-family homes are estimated to generate about 13 trips during the peak hours. Intensity Approx. Peak Hour Trips Proposed 1 1 Single -Family :L 13 AM / 13 PM Development: Dwellings • The estimated traffic generated from the site is under the 100 peak hour threshold that triggers the ordinance requirement for a Traffic Impact Analysis (TIA). • Because a TIA is not required, staff has provided the volume to capacity ratio for Castle Hayne Road near the subject site. While volume to capacity ratio, based on average daily trips, can provide a general idea of the function of adjacent roadways, the delay vehicles take in seconds to pass through intersections is generally considered a more effective measure when determining the Level of Service of a roadway. The volume to capacity ratio indicates capacity currently exists in this area to accommodate the small change in estimated trips. NCDOT Average Annual Dailv Traffic (AADT) - 2020 Road Location Volume Capacity V/C Castle Hayne Road 1,000 feet south of 16,324 19,603 0.83 Rockhill Road Z21-04M Staff Report BOC 1.10.2022 Page 7 of 13 Board of Commissioners - January 10, 2022 ITEM: 11- 2 - 7 Nearby Planned Transportation Improvements and Traffic Impact Analyses Approved r 1 • - �■ i+�. r 'f Under Draft If WN FA 11 Miami oil Jim Sol STIP Project munun, o _ .: IIr ■r .�. ir�nnu f ,-- ■ ,�I D ���ai% ����js��i, . _ ram. 1 � - • . NONEIN • 0.23 .. .�._— �� - �w•w rrwr+ � ■Xi1r'11<r Nearby NC STIP Projects: • STIP Project U-5863 o Project to widen Castle Hayne Road from 1-140 to Division Drive. This project will add a center turn lane or median to sections of the road. o The current construction schedule for this project is to begin right-of-way acquisition in 2029. Nearby Traffic Impact Analyses: There are no pending or approved Traffic Impact Analyses within the proximity of the subject property that are anticipated to affect this request. Z21-04M Staff Report BOC 1.10.2022 Page 8 of 13 Board of Commissioners - January 10, 2022 ITEM: 11- 2 - 8 ENVIRONMENTAL • The property does not contain any Special Flood Hazard Areas or Natural Heritage Areas. • According to the applicant there is no evidence of regulated wetlands within the area of the property to be developed. • 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 I (suitable/slight limitation) and Class II (moderate limitation) soils; however, the project will connect to CFPUA sewer and water services. OTHER CONSIDERATIONS SCHOOLS • Students living in the proposed development would be assigned to Wrightsboro Elementary School, Holly Shelter Middle School, and New Hanover High School. Students may apply to attend public magnet, year-round elementary, or specialty high schools. • A maximum of 11 dwelling units would be permitted under the Approved (CZD) R-10 Zoning. The proposed modification will have no impact on the dwelling units allowed. • Based on a generalized historic generation rate*, staff would estimate the new project would generate roughly one additional student. However, affordable housing developments may be more likely to provide housing for families with school -age children, so the proposed rezoning may generate more students than would be estimated using the historic generation rate estimates. Development Type Intensity Estimated Student Generation (generalized historic student generation rate) Approved (CZD) R-10 Zoning& Proposed 11 residential units Total: 3 students" Modification * Generalized historic generation rates are calculated by dividing the projected New Hanover County public school student enrollment for the 2020-2021 school year by the estimated number of dwelling units in the county. Currently, there are an average of 0.24 public school students (0.11 for elementary, 0.05 for middle, and 0.08 for high) generated per dwelling unit across New Hanover County. These numbers are updated annually and include students attending out -of -district specialty schools, such as year-round elementary schools, Isaac Bear, and SeaTECH. Generation rates do not take into account different housing types and different locations, which typically yield different numbers of students. ** The estimated student generation calculation results in a difference of fewer than one student being generated from the proposed rezoning compared to current zoning (2.16 compared with 2.64). • Since the proposed development is likely to have a build -out date within 5 years, staff has outlined existing school capacity to provide a general idea of the potential impact on public schools. • These numbers do not reflect any future capacity upgrades that may occur over the next five years or changes to student populations. Z21-04M Staff Report BOC 1.10.2022 Page 9 of 13 Board of Commissioners - January 10, 2022 ITEM: 11- 2 - 9 School Enrollment* and Capacity** - 2020-2021 Estimates Capacity of % of Total Enrollment Assigned Capacity of Funded NHC % of Assigned School w/ Assigned Capacity Level Capacity I School School Portables School Upgrades Elementary 97% Wrightsboro 547 564 97% None Middle 107% Holly Shelter 917 934 98% None High 105% New 1,532 1,648 93% None Hanover * Enrollment is based on the New Hanover County Schools enrollment that was projected for the 2020-2021 school year. ** Capacity calculations were determined by New Hanover County Schools for the 2020-2021 school year and are based on NC DPI Facility Guidelines & Class Size Requirements. Modifications refer to specific program requirements unique to a particular school. These may include exceptional children's classrooms beyond the original building design, classrooms to serve a unique population such as ESL, or classrooms designated for art and music if the building wasn't specifically designed with those spaces. • The recent facility needs survey that has been prepared by Schools staff includes the most current NC Department of Public Instruction (DPI) student growth projections and school capacity data. It does not include student growth projections and available capacity for individual schools, but it appears that planned facility upgrades, combined with changes to student enrollment patterns, will result in adequate capacity district -wide over the next five years if facility upgrades are funded. NEW HANOVER COUNTY STRATEGIC PLAN • One of the goals of the New Hanover County Strategic Plan for 2018-2023 is to encourage the development of complete communities in the unincorporated county by increasing access to goods and services and providing for a range of housing types and price points. • The subject site is within the Wrightsboro community area. The proposed project includes single-family housing and is located more than one mile away from existing retail and service providers, so it would not impact the percentage of homes within a one -mile radius of basic goods and services or the diversity of the community's housing types. • While the Wrightsboro area is one of the communities in the unincorporated county with more affordable housing options, the number of for -sale units in the overall County serving residents making less than 80% of Area Median Income (AMI) is limited. As a Habitat for Humanity project, the proposed subdivision would assist in providing the range of price points envisioned by the strategic plan for the County as a whole. Z21-04M Staff Report BOC 1.10.2022 Page 10 of 13 Board of Commissioners - January 10, 2022 ITEM: 11- 2 - 10 REPRESENTATIVE DEVELOPMENTS Representative R-10 Developments: Representative Habitat for Humanity Development: Z21-04M Staff Report BOC 1.10.2022 Page 11 of 13 Board of Commissioners - January 10, 2022 ITEM: 11- 2 - 11 CONTEXT AND COMPATIBILITY • The proposed modifications will not result in additional lots or traffic. The request is to change the stormwater management tool utilized from roadside swales to a stormwater pond. The applicant proposes that the lots range from about 10,000 square feet to about 15,000 square feet. The proposed lot sizes and single-family housing type are similar to existing development in the neighborhood. 2016 COMPREHENSIVE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County's future land use, as designated by place types describing the character and function of the different types of development that make up the community. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. Future Land Use Map Place Type General Residential Focuses on lower -density housing and associated civic and commercial services. Typically, housing is single-family or duplexes. Commercial uses Place Type should be limited to strategically located office and retail spaces, while Description recreation and school facilities are encouraged throughout. Types of uses include single-family residential, low -density multi -family residential, light commercial, civic, and recreational. The subject parcel is located off of Reminisce Road about one mile west of Castle Hayne Road, a minor arterial roadway. The site is located between Analysis the GE employment center to the north and the Wrightsboro community - level commercial node at the intersection of Castle Hayne Road and N. Kerr Avenue to the south. Z21-04M Staff Report BOC 1.10.2022 Page 12 of 13 Board of Commissioners - January 10, 2022 ITEM: 11- 2 - 12 This area was designated as General Residential to provide for development consistent with the existing lower density neighborhoods in a place where a mix of uses is less appropriate. The proposed development density remains 2.2 dwelling units per acre and would provide a residential development consistent with the density recommendation for this place type (up to 8 dwelling units per acre). In addition, the proposed lot sizes will be similar to adjacent residential neighborhoods. The proposed modification to the conditional R-10 zoning district is Consistency generally CONSISTENT with the 2016 Comprehensive Plan because it Recommendation provides residential development similar to the density of adjacent neighborhoods and is in line with the density recommendations for General Residential. PLANNING BOARD MEETING The Planning Board considered this application at their December 2, 2021 meeting. At the meeting, no one spoke in opposition. The Planning Board recommended approval (7-0). The Planning Board found the application to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project's use and density are in line with the recommendation for General Residential areas. The Planning Board also found APPROVAL of the rezoning request is reasonable and in the public interest because the proposal remains consistent with the existing development pattern of the surrounding area and will allow for needed infrastructure. STAFF RECOMMENDATION Staff concurs with the Planning Board's recommendation and suggests the following motion: I move to APPROVE the proposed modification to the existing conditional R-1 0 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project's use and density are in line with the recommendation for General Residential areas. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal remains consistent with the existing development pattern of the surrounding area and will allow for needed infrastructure. Alternative Motion for Denial I move to DENY the proposed modification to the existing conditional R-10 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project's use and density are in line with the recommendation for General Residential areas, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the existing development pattern of the surrounding area and will adversely impact the adjacent neighborhoods. Z21-04M Staff Report BOC 1.10.2022 Page 13 of 13 Board of Commissioners - January 10, 2022 ITEM: 11- 2 - 13 Case: Site Address: Z21-04 3200 block Reminisce Rd R-10 0- ri*� .APRM .11 Feet lv Existing Zoning/Use: R-20/Undeveloped al Subject Site R-20 Proposed Zoning CZD R-10/ Single -Family Residential 'tn Zoning Districts B-1 AC EDZD CB 1-1 PD B-2 1-2 dR-1 RMF-X CS AR RMFU SC RA R-20 UMXZ Q&I R-20S Indicates Conditional Use District (CUD) Indicates Conditional Zoning District (CZD) COD See Section 5.7 of the UDO �� Incorporated Areas jSHOD Case: Site Address: Existing Zoning/Use: Proposed Zoning Z21-04 3200 block R-20/Undeveloped CZD R-10/ Reminisce Rd Single -Family Residential N L 3304• *; 00 PD � L !I IU R-20 c x ^gyp ! 1611 1625 z Site Reckhill Rd • • m r�1 [] 1617 1717 1540 • ` • 1725 Op 3228 3221 • 1701 1712-1716 Qa �� 3224 3217 • • • 17-8 1814 • • ` • • 1900 3220 3213 3211 1720 3110 3216 • • • • 3209 ✓off 3112 :06 3212 3113 • �� ` 3207 3208 • • • 3115 • 3114 3205 •32-8 • Subject Site �� 3116 Jy� 3203 • �p 3201 3204 + • • 3202 ti 604 3200 3139 3140 • a` • • • 3139.3136 3135 ' 136 • 3132 413 L 3120 • 3135 • 409 414 w • 1 3132 31211 3131• • • • 313•�� • 405 a�ey'��K 3116 3127 .3128 • •3127` • 3 24 406 410 O • • . 3124 � 123 402 • 3123 • 3120 3U9 3 • 118 3.1.19 • `3115 413 • 3116 • 409 • 3105 • 3110 405` ❑ Neighboring Parcels 600 Feet Case: Site Address: Z21-04 3200 block Reminisce Rd Rockhill-Rd .11 Feet C5 Existing Zoning/Use: R-20/Undeveloped z General Residential Proposed Zoning CZD R-10/ Single -Family Residential Subject Site Place Types COMMERCE ZONE EMPLOYMENT CENTER GENERAL RESIDENTIAL URBAN MIXED USE COMMUNITY MIXED USE RURAL RESIDENTIAL CONSERVATION APPLICANT MATERIALS Board of Commissioners - January 10, 2022 ITEM: 11- 6 - 1 NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite Wilmington, North Carolina 28403 Telephone (910) 798-7165 FAX (9 7 0) 798-7053 planningdevelopment.nhcgov.com 1. Applicant and Property Owner Information Applicant/Agent Name Owner Name (if different from Applicant/Agent) Sonya Edens Cape Fear Habitat for Humanity, Inc. Company Company/Owner Name 2 RSC Engineering, PLLC Address Address 15226 US Hwy 17 3310 Fredrickson Road City, State, Zip City, State, Zip Hampstead, NC 28443 Wilmington, NC 28401 Phone Phone 910-270-9599 910-762-4744 Email Email sonva@rscengineering.com wendi@capefearhabitat.org Board of Commissioners - January 10, 2022 ITEM: 11- 7 - 1 Page 1 of b Conditional Zoning',District Application —Updated 12-2020 2. Subject Property Information Address/Location Parcel Identification Number(s) Dorsey Lane, Castle Hayne R02500-003-004-000, Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification 4.9 R-20, Vacant R',10 (Conditional) 3. Proposed Zoning, Use(s), & Narrative Proposed Conditional Zoning District: R-10 Total Acreage of Prop';osed District: 4.9 Please list the uses that will be allowed within the proposed Conditional Zoning District, the purpose of the district, and a project narrative (attach additional pages if necessary). Note: Only uses permitted in the corresponding GeneralUse District are eligible for consideration within a Conditional Zoning District. Only single family residential use shall be allowed within in the proposed Conditional R-10 zoning district. The owner, Cape Fear Habitat for Humanity proposes to develop the site into an 11 lot subdivision. Water and sewer service shall be via CFPUA. The subdivision proposed is low density and storm water shall be collected via drop inlets along the roadway and piped to a small stormwater pond. 4. Proposed Condition(s) Note: Within a Conditional Zoning District, additional conditions and requirementsl which represent greater restrictions on the development and use of the property than the corresponding general use dlistrict regulations may be added. These conditions may assist in mitigating the impacts the proposed development may have on the surrounding community. Please list any conditions proposed to be placed on the Conditional Zoning District below. Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process. No additional conditions proposed. 5. Traffic Impact Please provide the estimated number of trips generated for the proposed use(s) biased off the most recent version of the Institute of Traffic Engineers (ITE) Trip Generation Manual. A Traffic Impact Ar%alysis all proposed developments that generate more than 100 peak hour trips, and the (TIA) must be completed for TIA must be included with this application. ITE Land Use: Residential 210 Single Family Detached Housing Trip Generation Use and Variable (gross floor area, dwelling units, etc.) Dwelling Units (11) AM Peak Hour Trips: 8.14 FPM Peak Hour Trips: I10.89 Board of Commissioners - January 10, 2022 1 Page 2 of b ITEM: 11- 7 - conditional Zoning:! District Application —Updated 12-2020 6. Conditional Zoning District Considerations The Conditional ZoningDistrict procedure is established to address situations where a particular land use would be consistent with the New Hanover County 2016 Comprehensive Plan and the objectives outlined in the Unified Development Ordinance and where only a specific use or uses is proposed. The procedure is intended primarily for use with transitions between zoning districts of dissimilar character where a particular use or uses, with restrictive conditions to safeguard adjacent land uses, can create a more orderly transition benefiting all affected parties and the community at -large. The applicant must explain, with reference to attached plans (where applicable), how the proposed Conditional Zoning district meets the following criteria. 1. How would the requested change be consistent with the County's policies for growth and development, as described in the 2016 Comprehensive Plan, applicable small area plans, etc. The parcel is located within a residential area and the proposed use is low density residential housing. This is consistent with the Comprehensive Plan for this area. 2. How would the requested Conditional Zoning district be consistent with the property's classification on the 2016 Comprehensive Plan's Future Land Use Map. The parcel is located within the General Residential type of use on the Future Land Use Map. The proposed rezoning is consistent with general residential land use. 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? With the availability of water and sewer, it allows for increased density to be considered when developing the parcel. Much care and consideration have been given to identify the best use oflthe land without over developing the parcel. Board of Commissioners - January 10, 2022 Page 3 of 6 ITEM: 11- 7 - conditional Zoning'', District Application — Updated 12-2020 Staff will use the following checklist to determine the completeness of your applic items are included and confirm by initialing under "Applicant Initial". If an item is Applications determined to be incomplete must be corrected in order to be proce confirm if an application is complete within five business days of submittal. Application Checklist d This application form, completed and signed Application fee: 3/ $600 for 5 acres or less • $700 for more than 5 acres Cie-* 10 t • $300 in addition to base fee for applications requiring TRC review Community meeting written summary Traffic impact analysis (if applicable) Le al description (by metes and bounds) or recorded survey Map Book and Page VReference of the property requested for rezoning Conceptual Plan including the following minimum elements: 13 /Tract boundaries and total area, location of adjoining parcels and roads • Proposed use of land, building areas and other improvements o For residential uses, include the maximum number, height, and type of units; area to be occupied by the structures; and/or proposed subdivision boundaries. o For non-residential uses, include the maximum square footage and height of each structure, an outline of the area structures will occupy, and the specific purposes for which the structures will be used. • Proposed transportation and parking improvements; including proposed rights -of -way and roadways; proposed access to and from the subject site; arrangement and access provisions for parking areas. • All existing and proposed easements, required setbacks, rights -of -way, and buffers. The locationof Special Flood Hazard Areas. • A narrative of the existing vegetation on the subject site including the approximate location, species, and size (DBH) of regulated trees. For site less than 5 acres, the exact location, species, and sized (DBH) of specimen trees must be included. • Approximate location and type of stormwater management facilities intended to serve the site. • Approximate location of regulated wetlands. • Any additional conditions and requirements that represent greater restrictior on development and use of the tract than the corresponding general use district regulations or additional limitations on land that may be regulated by state law or local ordinance on. Please verify all of the listed t applicable, mark as "N/A". :d for further review; Staff will Applicant Initial go Board of Commissioners -January 10,"2022 Page 4 of b ITEM: 11- 7 - iconditional Zoningl District Application — Updated 12-2020 IC1 i One (1) hard copy of ALL documents and site plan. Additional hard copies may be required by staff depending on the size of the document/site plan. 5 (00(h Of -Kt- sib 191un_ One (1) digital PDF copy of ALL documents AND plans Board of Commissioners - January 10, 2022 ITEM: 11- 7 - conditional Zoning Page 5 of 6 Application — Updated 12-2020 7. Acknowledgement and Signatures. By my signature below, I understand and accept all of the conditions, limitatio Conditional Zoning District zoning for which I am applying. I understand that 1 presumed to be correct. I certify that this application is complete and that all. application is accurate to the best of my knowledge, information, and belief. If applicable, 1 also appoint the applicant/agent as listed on this application i on my behalf regarding this application during the review process. The appli my behalf to: I. Submit an, application including all required supplemental and obligations of the existing Official Zoning Map is ormation presented in this represent me and make decisions int/agent is hereby authorized on and materials; 2. Appear at public hearings to give representation and comments; 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) c ✓ Print Narne(s) �Zr (.I - HIQ ael Rev ce.�i h Signat r of Applicant/Agent Print Name Note: This form must be signed by the owner(s) of record. If there are multiple property owners, a signature is required for each owner of record. If an applicant requests delay of consideration from the Planning Board or Board has been sent to the newspaper, the item will be calendared for the next meeting requested after notice has been sent to the newspaper, the Board will act on the re under no obligation to grant the continuance. If the continuance is granted, a f schedule as published on the New Hanover County Planning website will be requir County Commissioners before notice I no fee will be required. If delay is est at the scheduled meeting and are in accordance with the adopted fee Board of Commissioners - January 10, 2022 ITEM: 11- 7 - 6 Page 6 of 6 Owner Owner —Address Owner —City 3131 REMINISCE LTD PTRNP 2840 COLLEGE RD S UNIT 319 WILMINGTON, NC 28412 ALLEN ANGELA R 3208 ERVINS PLACE DR CASTLE HAYNE, NC 28429 ANSON-WASHINGTON MARY K 3220 ERVINS PLACE DR CASTLE HAYNE, NC 28429 BALLARD GREGORY 3127 REMINISCE RD CASTLE HAYNE, NC 28429 BATTLE HILDA WILBUR PO BOX 5842 HIGH POINT, NC 27262 BEJAR ARIAS OSCAR A ETAL 3132 MEMORY LN CASTLE HAYNE, NC 28429 BELANGIA SCOTT K 3115 MEMORY LN CASTLE HAYNE, NC 28429 BEVERIDGE LAURA A 401 GOOSE POND CT CASTLE HAYNE, NC 28429 BLOODWORTH GEORGE E JR 3119 REMINISCE RD CASTLE HAYNE, NC 28429 BLYTHE MARK ETAL 2119 THE PLZ CHARLOTTE, NC 28205 BONEY ANGELA M ETAL PO BOX 12421 ALBANY, NY 12212 BOSTON REGINA J 3105 SUN BEAM CT CASTLE HAYNE, NC 28429 BOYLES WALTER E ROSA L 3139 MEMORY LN CASTLE HAYNE, NC 28429 BOYNTON TONIECE C 7308 STONE WOOD CT WILMINGTON, NC 28411 BROWN SYNESE YVETTE 3213 REMINISCE RD CASTLE HAYNE, NC 28429 BURGESS VINCENT L BENAYE R ETAL 3209 REMINISCE RD CASTLE HAYNE, NC 28429 CAPE FEAR HABITAT FOR HUMANITY INC 3310 FREDRICKSON RD WILMINGTON, NC 28401 CASTILLO WILFREDO APONTE 3128 MEMORY LN CASTLE HAYNE, NC 28429 CASTRO FILAR L 635 RIPWOOD RD WILMINGTON, NC 28405 CIANFARRA CYPRESS ETAL 3124 REMINISCE RD CASTLE HAYNE, NC 28429 COATES WESLEY R 406 SILO CT CASTLE HAYNE, NC 28429 CRUZ LELIN OMAR GIRON 3202 REMINISCE RD CASTLE HAYNE, NC 28429 DANIEL MAURICE 3123 REMINISCE RD CASTLE HAYNE, NC 28429 DANIELS HELEN D JINWRIGHT 3135 REMINISCE RD CASTLE HAYNE, NC 28429 FAIRFULL ANDREW GORDON 409 SILO CT CASTLE HAYNE, NC 28429 GALINDO ACOSTA RAMON F VERONICA G 3120 ERVINS PLACE DR CASTLE HAYNE, NC 28429 GARCIA MIRNA REYES 1608 WHITE RD WILMINGTON, NC 28405 GARRETT WILLARD MARCELLA L 1814 ROCKHILL RD CASTLE HAYNE, NC 28429 GAUSE CYNTHIA ANN 3203 REMINISCE RD CASTLE HAYNE, NC 28429 GLEN AT RIVENDELL COMMUNITY ASSOC INC PO BOX 12051 WILMINGTON, NC 28405 HELLER JOSEPH MELANIE GRIFFITH 414 SILO CT CASTLE HAYNE, NC 28429 HERNANDEZ JOSE RAMIREZ 3116 ERVINS PLACE DR CASTLE HAYNE, NC 28429 HEWETT JENNENE S ETAL 3224 ERVINS PLACE DR CASTLE HAYNE, NC 28429 HILL ERNEST HRS 1701 ROCK HILL RD CASTLE HAYNE, NC 28429 HUNTER DEBRA L 3132 REMINISCE RD CASTLE HAYNE, NC 28429 JEWELL PATRICK DIANA 209 FAYETTEVILLE AVE CAROLINA BEACH, NC 28428 JONES JERRY LEE JR ERIN H 413 GOOSE POND CT CASTLE HAYNE, NC 28429 KADYLAK JEREMY M 3136 MEMORY LN CASTLE HAYNE, NC 28429 KG PLAZA LLC 8620 RIVER RD WILMINGTON, NC 28412 KING JAMES H JR CHRISTINE M 3201 REMINISCE RD CASTLE HAYNE, NC 28429 KIRBY BRANDON S 12524 HAMMERSMITH CT CHARLOTTE, NC 28262 LARA DARWIN S HERNANDEZ DAYANA C H 5120 CAROLINA BEACH RD 25 WILMINGTON, NC 28412 LEGAGNEUR PASCAL VANDA 1227 FAIRBANKS AVE BAY SHORE, NY 11706 LEWIS JAMES THOMAS JR ETAL 3116 REMINISCE RD CASTLE HAYNE, NC 28429 LONERGAN ANITA ETAL 887 MANATEE RD NAPLES, FL 34114 LUTZ ERIC J 3119 MEMORY LN CASTLE HAYNE, NC 28429 Board of Commissioners - January 10, 2022 ITEM: 11- 8 - 1 MONTALBAN HOLLYANN E VICTOR MORRIS JOHN G 1R MURDOCK NATALIE J JEROME JR MURRILL LUCILLE W NADAUD GERMAIN C.].Z.7►1►1���►LI[yae1�1 PERKINS JACKQUELINE ELAINE HRS PROVENCHER PAMELA R RILEY JENNIFER D SHUTT RONALD GERTRUD SOTO GERAL R JOSELYN SANTIAGO SPEARS COURTNEY A ERIC M STACK ALEXANDER J STEPHENS CHARISSE N ETAL TAYLOR LEON J JOEANN TAYLOR LEON JEFFERSON TEACHEY MARY KATHERINE TIPTON LOU A TRINITY TABERNACLE PRAISE & DELIVERANCE WHITTED CELESTINE 1ViT/:Ira0117:.19:111041 4300 PEACHTREE AVE 12 604 GRAVEL LN 3135 MEMORY LN 2400 ROCK HILL RD 2217 MASONS POINT PL 3140 REMINISCE RD 3128 REMINISCE RD 3136 REMINISCE RD 1480 WALNUT DR 3131 MEMORY LN 3207 REMINISCE RD 3123 MEMORY LN 413 SILO CT 606 GRANITE LN 3212 ERVINS PLACE DR 1 MISTY LN 405 SILO CT 4218 STRATTON VILLAGE LN 1423 ELMA ST 1725 ROCK HILL RD Iri:��► lartrl►�h:�.m:�rtr►i WHITTED LOUIS THOMAS HRS 1632 MEETING HOUSE LN WILCOX JESSIE A WILLOUGHBY J NEWCOMB 605 GRAVEL LN WILLIAMS GLORIA DEAN 402 SILO CT WILLIAMS LINDA RUTH ETAL 3211 REMINISCE RD WILLIAMS MELLONICE 3139 REMINISCE RD WILMINGTON, NC 28403 CASTLE HAYNE, NC 28429 CASTLE HAYNE, NC 28429 CASTLE HAYNE, NC 28429 WILMINGTON, NC 28405 CASTLE HAYNE, NC 28429 CASTLE HAYNE, NC 28429 CASTLE HAYNE, NC 28429 CASTLE HAYNE, NC 28429 SALT LAKE CITY, UT 84116 CASTLE HAYNE, NC 28429 CASTLE HAYNE, NC 28429 CASTLE HAYNE, NC 28429 CASTLE HAYNE, NC 28429 CASTLE HAYNE, NC 28429 CASTLE HAYNE, NC 28429 CASTLE HAYNE, NC 28429 CASTLE HAYNE, NC 28429 WILMINGTON, NC 28409 SPRING LAKE, NC 28390 CASTLE HAYNE, NC 28429 VIRGINIA BEACH, VA 23455 VIRGINIA BEACH, VA 23455 CASTLE HAYNE, NC 28429 CASTLE HAYNE, NC 28429 CASTLE HAYNE, NC 28429 CASTLE HAYNE, NC 28429 Board of Commissioners - January 10, 2022 ITEM: 11- 8 - 2 I 2S226 JS Hignway 17, Hampstead, NC 26443 knulnpprIno, PILC Phcne:191D12?0-9399 =ax: 010;27-3-95a2 a-mai : P-dm-n@RSL;Engine--rirg.cam Community Meeting Summary—10/27/21 • Project Information Notice was mailed out to 73 property owners on 10/14/21 per the list provided by New Hanover County Planning Department. The mailing included the notice letter and a copy of the site plan. • The notice letter and site plan were emailed to New Hanover County Planning for uploading to their communication site. • No inquiries have been received about the development — phone calls or emails. Board of Commissioners - January 10, 2022 ITEM: 11- 9 - 1 8UR➢" RMPAFSNM DEED BOOK 26 AT PAGE 238 DEED BOOK 91 AT PAGE 491 DEED BOOK 522 AT PAGE 482 DEED BOOK 243 AT PAGE 594 DEED BOOK 5444 AT PAGE 20 DEED BOOK 5819 AT PAGE 2264 MAP BOOK 29 AT PAGE 623 MAP BOOK 46 AT PAGE 106 MAP BOOK 39 AT PAGE 391 MAP BOOK 53 AT PAGE 196 ATM. 1. FEMA FLOOD MAP INFORMATION: NORTH CAROLINA FLOOD INSURANCE RATE MAP. MAP PANEL No.: 372OJ22000 J FLOOD ZONE.• X MAP PANEL DATE.- APR. 3, 2006 2. CORNERS ARE MARKED AS NOTED ON MAP. J. ALL DISTANCES ARE HOR1Z FIELD MEASUREMENTS. 4. AREA COMPUTED BY TIME COORDINATE METHOD. S. PROPERTY IS ZONED R-20. 6. LOTS WiLL BE SERVED BY CAPE FEAR PUBLIC UTILITY AUTHORITY SERVICES FOR WATER. LOT 2 WiLL BE SERVED BY CAPE FEAR PUBLIC UTILITY AUTHORITY SERVICES FOR SEWER. LOT 3 WiLL BE SERVED BY INDIVIDUAL SEPTIC SYSTEM FOR SEWER. Z A WETLAND DELINEATION WAS NOT DONE ON THiS PROPERTY, HOWEVER THERE DOES NOT APPEAR TO BE ANY WETLANDS ON PARCEL IC, ID OR 1 F: 8, NO NCGS GRID MONUMENTS WiTHiN 2000 FEET 9. LOT lA, 16, 2 & 3 SHOWN ON THiS LOT WILL BE LIMITED TO 3,250 S.F. OF IMPERVIOUS SURFACE PER LOT. THiS INCLUDES A REQUEST FOR AN ADDITIONAL 3,000 S.F. ABOVE THE ORIGINAL 10,000 S F. LiMIT. LEGEND: o E1P (EXISTING IRON PIPE) • EIR (EXISTING IRON ROD • SIR (SET IRON ROD) 13 EXISTING CONCRETE MONUMENT ® NCGS GRID MONUMENT A PK\kfAG (PK OR MAG NAIL SET) ® EOA (EXISTING OLD AXLE) C STONE AS LABELED PROPERTY LINE PROPERTY LINE TAKEN FROM MAP , BK. 53, PG. 196 — —EASEMENT LINE -....x..—s—=—r—FENCE LINE STATE OF NORTH CAROLINA NEW HANOVER COUNTY 1, Bob M. Jones, Jr., certify that this plot was drawn under my supervision from an actual survey made under my supervision from information found in the New Hanover Co. Registry, as noted hereon, that the ratio of precision as calculated is 1:10000+, that the boundaries not surveyed are clearly indicated andfIWi Witnessamy hand and seal hared in as _: withG.S.47 �C amended. 2015_ G C ,yam �a�O4 Bob M. Jones, Jr. SEAL Professional Land Surveyor L-2977 N.C. License No. L-2977 4 Bob M. Jones, Jr., a Professional Land Surveyor, certify that this plat is of a survey that creates a subdivision of land within the area of a county or municipolity that has an ordinance that regulates parcels of fond.,, LESS/0 Bob M. Jones, r., P.L.S. L-2977 9` SEAL L-2977 you CERTIFICATE OF OWNERSHIP, DEDICATION AND JUR/SDICTION r"rrii°ly°roe+��6� 1 (we) hereby certify that I am (we are) the 'owner of the property shown and described hereon and that I (we) hereby adopt this plan of subdivision with my (our) own free consent and dedicate al/ streets, alleys, walks, parks, conservation space and other areas to public or private use as noted. All roads and drainage easements are dedicated for public utility purposes. Further, I (we) certify the land as shown hereon is located within the subdivision jurisdiction of New .Haniver County. #Qyrq Signature Owner Date Certificate of Disclosure for New Hanover County Sewer Costs I (we) hereby certify that prior to entering any agreement or any conveyance with a prospective buyer, i (we) shall prepare and sign, and the buyer of the subject real estate shall receive and sign, a statement which fully and accurately discloses that the buyer will be assessed by The Cape Fear Public Utility Authority for the full cost of providing sewer service to the subdivision at the time that District sewer becomes available, in accordance with New Hanover County Code. f Signature of ner Date CERTIFICATE DISCLAIMING WATER\SEWER SUITABILITY Notwithstanding New Hanover County approval of this plat, lots shown on said plat may not receive Health Department approval for on site sewage disposal systems, nor for individual water supply systems, nor does such approval guarantee the availability of water or services from The Cape Fear Public Utility Authority. 1, 't'n� �. c'I - _S C� , Review Officer for the Cape Fear Public Utility Authority, New Hanover County, North Carolina, certify that the map or plat to which this certification is affixed meets all Authority standards and requirments for the public utilities as set forth by ordinances. With the recordation of this plat, the Cape Fear Public Utility Authority accepts the owners's offer of dedication for the public water and/or sewer purposes all easements, common areas, and/or rights of way shown on the plat as dedicated for public utility purposes. Approval of this plat does not guarantee the availability of water and sewer services from the Cape Fear Public Utility Authority. CAPE FEAR PUBLIC UTILITY AUTHORITY BY CERTWICATE OF APPROVAL 'NEW HANOVER CO PLANNING & INSPECTIONS DEPt 0Le - L l- l C. 0% VIM fIL1Si3 DATE PLANNING & INSSPE�TIONS DEPT. DIRECTOR SEE INSET County Engineer Certification With this recordation, New Hanover County accepts the dedication for W I stormwater and easements. CoqFy Engineer Date N m } TIELiNE TIELINE N 10'32' 10 E N 10,32,10E 22.54' O Z47' CAL 0 ; S 78'39'35E 362.41 ' ` — S 78'3935 "E 398.15' — �4 ROCK HILL ROAD (60' PUBLIC R/W) n 1tir GO w — S 78'39 35 E 489.16' S 78'39 35 E 24ZO2' \Q `128.20' — -0 128.Y ' 21 Z75' � �\ L , I � o 0 0 � I FUTURE DEVELOPMENT I PARCEL 1 A I PARCEL 1 B I �' DB 39, PG 391 J ` I 1.216 ACf 1 1.216 ACf I EF M.B. 53, PG. -196 I M.B. 53, PG 196 I C�\�L2J I ffoD4 ERNEST HILL DB349, PG 673 ku -o 1 e�I[� I 91,6 I PARCEL 2 Z I z I I MAP BOOK 53, PAGE 196 1I S 78'37'14 E 245.74' 1 133.0 f' I\� _ 133 01 ' ( \R i c _ _ J _ _ _ t CSJ 4\ 130.00' — \ 15.74— \Q — — N 78'39 410' 266.02_ I ew 10' UTILITY Ln EASEMENT 1 00 3ass23,0F.f N I R I' .� M.B. 59, PG. 352 I\---______-- aI � N 7E'3935W 232.75' HARRY DORSEY 1 N 78'17'15W �E,R BOOK 5819, PAGE 2264 J REMAINDER PARCEL 1 I .HORSEY LANE .4.87 ACf 1 I O 50 ACCESS & UTILITY EASEMENT I e� U.S.uo 130 00' R 59, PG. 352 S 78759'581E 206.08' — NB STONE I CONTROL CORNER" J i ONE STORY FRAMED J RESIDENCE \ WITH CARPORT j NOW OR FORMERLY CONSTANCE GRADY i AND HUSBAND, iRA GRADY i DB 5270, PG 1566 J 1 NOW OR FORMERLY J f I CONSTANCE L. BONEY GRADY 4 DB 522, PG 482 13 Jo I" 1 I I Wrf►►ter. it Course Bearing Distance L r N 78'40'23- W 15.00, L2 S 79'27'50" E 15.00, L3 S 10'32'10" W 99.79' INSET (NOT TO SCALE) N I 1 '4245 E 29.78' ROCK HILL S 78'17'15'E J = 10' UTILITY N 1 1 I 20 Z EASEMENT NEW 30' WIDE I 1 J II l a 21,684.9 LOT 2S.f UTILITY EASEMENT v I 1 I {INCLUDING NEW "��, 15,022 Sq.Ft. I UTILITY EASEMENT) w \� 360�54'00"W 1---------I kfB. 59, PG. 352 5 7711 yrrr� S 81'06'00E 50D.00' /\(t — — — 19 •r / / /� 5\� — — —251.4 r'— — — CLG" STONE 81'06'00'W 206.34' � Q N 81'06'00'W 752.88' J I� 42 L— — — _..- _._. _... _ GALA ACRkS SECTION 5 M8 /46, PG 106 / o / a~ / l r / 40 0 D' PUTBLIC RAW) \ S 78'59'15'E 25.00' I NOTE: THE PURPOSE OF THIS MAP IS TO SHOW THE NEW JO' UTILITY EASEMENT ON LOT 2 AND REMAINDER PARCEL 1. STATE OF NORTH CAROLINA NEW HANOVER COUNTY \ �/ /O / MAP OF REVISION FOR 1, V ��* 5 Review Officer of NEW- HAe4eyCR County, certify that the map or plat to which this certification is affixed meets all statutory \ / HA RR l DORSEY requirements for recording. � ` � � / OF LOT 2 AND REMAINDER PARCEL 1 O - 1t- 15 \ / MAP BOOK 59, PAGE 352 Review Officer Date \ SCALE: 1 " = 100' DATE: APRIL 28, 2015 CAPE FEAR TOWNSHIP -- NEW HANOVER COUNTY — NORTH CAROLINA STATE OF NORTH CAROLiNA NEW HANOVER COUNTY 1 Filed for registration on the day of allLC, 20_L5_, at/_(AM./Ef") 1 1 1 and duly recorded in Map Book J::�Q , Page � W �� �� � �� � � � 7`&&Ley �iTJi` 1 1 Register of Deeds 1 1 BY I Q QAeP,6WC-' x 1 11 1 100 200 301f 100 FEET OWNER: HARRY DORSEY 1815 ROCK HILL ROAD CASTLE HAYNE, NC 28429 (910) 200-0723 ROBERT B: GOMM & A.S',SOCIATl1S, PA LAND SURVEYORS — LAND PLANNERS 513 CHESTNUT STREET WILMINGTON, NORTH CAROLINA 28401 910-763-1941 rhgYm®bellsouth.net Fll F 1Vn • 7.5nnn.3tTd FSAlT oar f `oYftrG �u r 0,°2(j22 A K�j j-12) rs 110- 200 - © 732 'III�IIIIIi�IIINIIliW9tl'N�'#2015017195 MAP_ INDEX Name of Map Owner's Name Type of Map: Y Subdivision Plat Condo Highway Number of Pages l Recorded By FOR REC'Sy TR"'ION REGISTER OF DEEDS NEWNHnWOVERCCOBE SLENC 2015 JUN 11 10 13 39 AK BK 60 PG 257-258 FEE $21 00 Board of Commissioners - January 10, 2022 ITEM: 11- 10 - 2 '-:�0II�IiI0�/ TAMMY THEUSCH BEASLEY REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET Filed For Registration: Book Document No.: Recorder: WILMINGTON, NC 28401 06/11/201510:13:39 AM PLAT 60 Page 257-258 2015017195 2 PGS $21 00 JOHNSON,CAROLYN State of North Carolina, County of New Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. *2015017195* 2015017195 Board of Commissioners - January 10, 2022 ITEM: 11- 10 - 3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/10/2022 Regular DEPARTMENT: Planning PRESENTER(S): Marty Little, Long Range Planner CONTACT(S): Marty Little; Rebekah Roth, Planning and Land Use Director SUBJECT: Quasi -Judicial Hearing Special Use Permit Modification Request (S-611M) — Request by Joe Suleyman, Director of Environmental Management, on Behalf of New Hanover County, to Modify an Existing Special Use Permit to Expand a Sanitary Landfill in an 1-2, Heavy Industrial Zoning District, East of US Highway 421 and North of the 1-140 Bypass BRIEF SUMMARY: The applicant is requesting a special use permit modification to allow for the expansion of the New Hanover County Landfill on an 8-acre parcel located immediately adjacent to the existing landfill site along US Highway 421 north of the 1-140 bypass. The property is currently undeveloped and is zoned 1-2 Heavy Industrial, which allows sanitary landfills with a special use permit. According to the applicant, the subject site would be incorporated into the existing New Hanover County Landfill facility for use of future infrastructure, operations, and other support facilities for New Hanover County's solid waste program. Per a condition of approval offered by the applicant, the site would not be used for landfill deposit storage. According to the applicant, the existing landfill currently generates approximately 56 AM peak hour trips and 45 PM peak hour trips. The proposed expansion is expected to have no impact on current trip generation rates. At this time, no additional access is proposed off US Highway 421. Any future access would be subject to the NCDOT driveway permitting process. The proposed use is classified by the Unified Development Ordinance (UDO) as a Sanitary Landfill (NAICS 562212) and is allowed in the 1-2, Heavy Industrial zoning district with a special use permit. Sanitary landfill uses are also subject to a 50-foot setback requirement for all structures and deposited refuse, and landfill operations must be carried out in accordance with NC Department of Environmental Quality (DEQ) standards and procedures. The applicant would be required to update and maintain existing DEQ landfill and stormwater permits upon issuance of the special use permit modification. The 2016 Comprehensive Land Use Plan classifies the subject property as Commerce Zone. This place type serves to provide areas for employment and production hubs, predominantly composed of light and heavy industrial uses, though office and complementary commercial uses are also allowed. The proposed use of the property as an expansion of the existing County landfill is in line with the types of industrial uses envisioned for the Commerce Zone place type because it would help to accommodate the continued expansion of the adjacent landfill site by providing an area for the relocation or addition of landfill support operations and structures. Because sanitary landfill uses fall under the intensive industry classification in the UDO, a community meeting was required for this application. The applicant hosted a community meeting on Monday, September 27, 2021. According to information submitted with the application materials, one adjacent property owner attended the meeting. A preliminary forum was also held at the December 2, 2021 Planning Board meeting. Board of Commissioners - January 10, 2022 ITEM: 12 STRATEGIC PLAN ALIGNMENT: • Intelligent Growth & Economic Development o Encourage development of complete communities in the unincorporated county ■ Citizens have daily needs met by N H C businesses and support them RECOMMENDED MOTION AND REQUESTED ACTIONS: Example Motion for Approval: Motion to approve, as the board finds that this application for a Special Use Permit modification meets the four required conclusions based on the findings of fact included in the Staff Report. [OPTIONAL] Note any additional findings of fact related to the four required conclusions. [OPTIONAL] Note any conditions be added to the development: Suggested Conditions: 1. On Lot 2, the county will continue to work with the North Carolina Natural Heritage Program to identify the extent of any significant plant or animal species on the subject parcel and to protect these species when practicable in dedicated natural areas or to provide mitigation areas when species cannot be protected. 2. The county worked with the North Carolina Plant Conservation Program to identify three (3) habitat restoration areas as shown on Attachment D. Plantings of Aristida condensata and longleaf pines have been completed twice by University of North Carolina Wilmington students and faculty. The plantings were established successfully in two of the three habitat restoration areas and the third area remains protected in its natural state. 3. Lot 2 will not be used for landfill disposal. This condition shall not prohibit Lot 2 from being used for regulatory setbacks, permitted waste processing, and/or waste transfer. 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 Unified Development Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; 4. Will be in harmony with the area in which it is 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: S-611M BOC Script S-611 M Staff Report S-611 M Zoning Map Board of Commissioners - January 10, 2022 ITEM: 12 S-611 M FLUM Map S-611M Mailout Map Applicant Materials CS S-611 M Application Package BOC Proposed Site Plan CS Sf 11 M Concept Plan BOC COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) The board's decision to approve or deny an application for a Special Use Permit should be based solely on the competent and material evidence presented during the public hearing. COMMISSIONERS' ACTIONS: Approved with 3 suggested conditions 5-0. Board of Commissioners - January 10, 2022 ITEM: 12 SCRIPT for Special Use Permit Application (S-61 1 M) Request by Joe Suleyman, Director of Environmental Management, on behalf of New Hanover County, to modify an existing special use permit to expand a sanitary landfill in an 1-2, Heavy Industrial zoning district, east of US Highway 421 and north of the 1-140 bypass. 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. ElMotion 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 - January 10, 2022 ITEM: 12- 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. [OPTIONAL] Note any additional findings of fact related to the four required conclusions. [OPTIONAL] Also, that the following conditions be added to the development: Suggested Conditions: 1. On Lot 2, the County will continue to work with the North Carolina Natural Heritage Program to identify the extent of any significant plant or animal species on the subject parcel and to protect these species when practicable in dedicated natural areas or to provide mitigation areas when species cannot be protected. 2. The County worked with the North Carolina Plant Conservation Program to identify three (3) habitat restoration areas as shown on Attachment D. Plantings of Aristida condensata and longleaf pines have been completed twice by University of North Carolina Wilmington students and faculty. The plantings were established successfully in two of the three habitat restoration areas and the third area remains protected in its natural state. 3. Lot 2 will not be used for landfill disposal. This condition shall not prohibit Lot 2 from being used for regulatory setbacks, permitted waste processing, and/or waste transfer. 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 Unified Development Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; 4. Will be in harmony with the area in which it is 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] Board of Commissioners - January 10, 202 ITEM' 12- 1 -2 STAFF REPORT FOR S-61 1 M SPECIAL USE PERMIT MODIFICATION APPLICATION APPLICATION SUMMARY Case Number: S-61 1 M Request: Special Use Permit Modification to expand a sanitary landfill Applicant: Property Owner(s): Joe Suleyman New Hanover County Location: Acreage: US Highway 421 North 8 PID(s): Comp Plan Place Type: R02300-001-017-000 Commerce Zone Existing Land Use: Proposed Land Use: Undeveloped Property Sanitary Landfill Current Zoning: 1-2 SURROUNDING AREA LAND USE ZONING North NHC Landfill (Sanitary landfill) 1-2 East NHC Landfill (Sanitary landfill) 1-2 South Southeastern Pet Cremation (Pet cremation establishment) 1-2 West Coastal Precast (Concrete manufacturer) 1-2 S-61 1 M Staff Report BOC 1.10.2022 Page 1 of 10 Board of Commissioners - January 10, 2022 ITEM: 12- 2 - 1 ZONING HISTORY December 6, 1971 Initially zoned 1-2 (Area 7) COMMUNITY SERVICES Water/Sewer water and sewer services are available through CFPUA. Specific design will be determined during site plan review. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, Sutton Lake Station Schools Wrightsboro Elementary, Holly Shelter Middle, and New Hanover High Schools Recreation N/A CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES The site appears to contain Animal and Plant Natural Areas of Special Significance (Aristida condensata). Further field determination is required; Conservation however, Animal and Plant Natural Areas of Special Significance may require performance controls in areas where these resources are found. Verification of regulated conservation resources will be required during the site plan review process. Historic No known historic resources. Archaeological No known archaeological resources. EXISTING CONDITIONS AND PROPOSED CONCEPT PLAN • The applicant is requesting a modification to an existing special use permit to allow for the expansion of the New Hanover County Landfill. The subject site is located along US Highway 421 north of the 1-140 bypass. It is immediately adjacent to the existing New Hanover County Landfill to the north and east, US Highway 421 to the west, and a pet cremation business to the south. • The subject site, as well as the surrounding area, is zoned 1-2, Heavy Industrial. S-61 1 M Staff Report BOC 1.10.2022 Page 2 of 10 Board of Commissioners - January 10, 2022 ITEM: 12- 2 - 2 • The New Hanover County Landfill was originally approved in 1981. Several modifications over the years have expanded the facility to its current extent of over 700 acres. Last year, the County acquired the subject site with the intention of further expanding landfill operations. POSSIBLE FUTURE LOCATIG, FOR LANDFILL INFRASTRUCTURE, OPERATIONS AND SUPPORT FACILITIES I yl I rac d I rc 50 FEET SETBACK BOUNDARY r �PPROXIIVIATE BOUNDARY a I f{ LOT 2 - 8 ACRE PARCEL::_- p/ ifrl V � 7 v i wr' r M Figure 1: Proposed Concept Plan with Applicant Markups wa. N W— CUSTOMER CONVENIENCI DROP OFF CE RI` • As proposed, the special use permit modification would incorporate the adjacent 8-acre tract into the landfill facility for use of future infrastructure and operations structures and other support facilities for New Hanover County's solid waste program. • Expansion of landfill deposit cells onto the site is not proposed. ZONING CONSIDERATIONS • The New Hanover County Landfill is classified by the Unified Development Ordinance (UDO) as a Sanitary Landfill use (NAICS 56221 2) and is allowed in the 1-2, Heavy Industrial zoning district with a special use permit. • Sanitary landfill uses are subject to the use -specific standards prescribed in UDO Section 4.3.5.C, which include a 50-foot setback for all structures and landfill deposits, and a requirement that landfill operations shall be carried out in accordance with the standards and procedures prescribed by the NC Department of Environmental Quality. As proposed, the applicant's concept plan meets these standards, though conformance with these standards will be confirmed by the Technical Review Committee if the Special Use Permit modification is granted. S-61 1 M Staff Report BOC 1.10.2022 Page 3 of 10 Board of Commissioners - January 10, 2022 ITEM: 12— 2 — 3 • Because sanitary landfill uses fall under the intensive industry classification in the UDO, a community meeting was required for this application. The applicant hosted a community meeting on Monday, September 27, 2021. According to the Community Information Meeting Sign -In Sheet submitted with the application materials, one adjacent property owner attended the meeting. AREA SUBDIVISIONS UNDER DEVELOPMENT • The property is not within one mile of any subdivisions under development. TRANSPORTATION Site Access Figure 2: Access Site 0 Primary Access ® Secondary Access • Access to the site would either be internal through the existing landfill site or taken from US Highway 421 North, an NCDOT-maintained principal arterial roadway. S-61 1 M Staff Report BOC 1.10.2022 Page 4 of 10 Board of Commissioners - January 10, 2022 ITEM: 12- 2 - 4 • According to the applicant, the existing landfill currently generates approximately 56 AM peak hour trips and 45 PM peak hour trips. The proposed expansion is expected to have no impact on current trip generation rates. The estimated trip generation from this request is under the 100 peak hour threshold that triggers the ordinance requirement for a Traffic Impact Analysis (TIA). • There are no pending or approved Traffic Impact Analyses within the proximity of the subject property. In addition, there are no major NCDOT projects planned within the proximity of the subject property that are anticipated to affect this request. ENVIRONMENTAL • The subject property does not contain any Special Flood Hazard Areas. • The site appears to contain Natural Heritage Areas, according to the North Carolina Natural Heritage Program. Further field determination is required; however, Animal and Plant Natural Areas of Special Significance are identified as conservation resources in the County's Unified Development Ordinance (UDO) and may require performance controls in areas where these resources are found. The applicant has proposed as a condition of approval to continue to work with the North Carolina Natural Heritage Program to identify the extent of any significant plant or animal species on the subject parcel and to protect these species when practicable in dedicated natural areas or to provide mitigation areas when species cannot be protected. • The subject property is located within the Cape Fear River Watershed. • Soils at the site are Kureb sand (Kr) and Rimini sand (Rm), according to the Soil Survey for New Hanover County. These soils have suitable septic suitability with slight limitations. S-61 1 M Staff Report BOC 1.10.2022 Page 5 of 10 Board of Commissioners - January 10, 2022 ITEM: 12- 2 - 5 OTHER CONSIDERATIONS Context and Compatibility • The New Hanover County Landfill was originally permitted in 1981 and has been expanded over the years to its current extent of over 700 acres. Figure 3: Landfill Expansion Area (shown in red) and the existing Landfill site (shown in teal) • The site is located immediately adjacent to the existing New Hanover County Landfill site and borders the existing landfill to the north and east. The west side of the property directly abuts US Highway 421 North and the south side borders one existing business, Southeastern Pet Cremation. • The applicant has worked with the Southeastern Pet Cremation property owner to ensure the request does not enable the site to be used for landfill deposits. As a result, the applicant has proposed a condition of approval that the site will not be used for landfill deposit storage if approved. Any future expansion of landfill deposit cells onto the site would require a special use permit modification. S-61 1 M Staff Report BOC 1.10.2022 Page 6 of 10 Board of Commissioners - January 10, 2022 ITEM: 12- 2 - 6 • The site is currently undeveloped and contains secondary growth pine forest and Aristida condensata. • As a condition of approval, the applicant is proposing that the County will continue to work with the North Carolina Natural Heritage Program to identify the extent of any significant plant or animal species on the subject parcel and to protect these species when practicable in dedicated natural areas or to provide mitigation areas when species cannot be protected. 2016 COMPREHENSIVE LAND USE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County's future land use, as designated by place types describing the character and function of the different types of development that make up the community. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. Future Land Use Map Place Type Commerce Zone Serves to provide areas for employment and production hubs, Place Type predominantly composed of light and heavy industrial uses, though office Description and complementary commercial uses are also allowed. Densities are dependent, in part, on the type of industry, and residential uses are discouraged. S-61 1 M Staff Report BOC 1.10.2022 Page 7 of 10 Board of Commissioners - January 10, 2022 ITEM: 12- 2 - 7 The subject site is located along the US Highway 421 corridor, an area designated by the Comprehensive Plan as a Commerce Zone. The intent of the Commerce Zone place type is to provide areas that accommodate primarily light and heavy industrial uses, though offices and complementary commercial uses are also allowed. This designation was applied to the US Highway 421 corridor because of the exiting industrial development pattern and anticipates continued industrial development in the future. Analysis The site is immediately adjacent to the existing New Hanover County landfill site, which has expanded over time to its current extent of over 700 acres. It abuts existing light industrial development to the south and is adjacent to a heavy industrial use. The proposed use of the property as an expansion of the existing County landfill is in line with the types of industrial uses envisioned for the US Highway 421 corridor because it would help to accommodate the continued expansion of the adjacent landfill site by providing an area for the relocation or addition of landfill support operations and structures. 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. 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. Water and sewer service is available through Cape Fear Public Utility Authority. B. The subject property is located in the New Hanover County Northern Fire Service District. C. Access to the site would either be internal through the existing landfill site or taken from US Highway 421 North, a state -maintained principal arterial roadway. D. The subject site does not host any known cultural or archaeological resources. E. The site appears to contain Animal and Plant Natural Areas of Special Significance (Aristida condensata). Further field determination is required; however, Animal and Plant Natural Areas of Special Significance may require performance controls in areas where these resources are found. Verification of regulated conservation resources will be required during the site plan review process. F. Based on the proposed uses of the property, the expansion is not anticipated to impact traffic on the surrounding transportation network. G. The applicant has proposed as a condition of approval that the applicant will continue to work with the North Carolina Natural Heritage Program to identify the extent of any significant plant or animal species on the subject parcel and to protect these species when practicable in dedicated natural areas or to provide mitigation areas when species cannot be protected. S-61 1 M Staff Report BOC 1.10.2022 Page 8 of 10 Board of Commissioners - January 10, 2022 ITEM: 12- 2 - 8 H. The applicant has proposed as a condition of approval that the applicant has worked with the North Carolina Plant Conservation Program to identify three (3) habitat restoration areas as shown on Attachment D. Plantings of Aristida condensata and longleaf pines have been completed twice by University of North Carolina Wilmington students and faculty. The plantings were established successfully in two of the three habitat restoration areas and the third area remains protected in its natural state. Conclusion 2: The Board must find that the use meets all required conditions and specifications of the Unified Development Ordinance. A. The site is zoned 1-2, Heavy Industrial. B. Sanitary Landfill is an allowed use by Special Use Permit. C. Sanitary Landfills are classified by the Unified Development Ordinance (UDO) as Intensive Industry uses and require applicant to host a Community Meeting. The applicant held a community meeting on Monday, September 27, 2021. According to information submitted with the application, one adjacent property owner attended the meeting. D. The UDO establishes use -specific standards for Sanitary Landfills, which are shown on the conceptual site plan and will be confirmed by the Technical Review Committee if the Special Use Permit modification is granted. 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 surrounding area is zoned 1-2, Heavy Industrial. B. The subject site is adjacent to industrial uses on all sides. C. Per condition of approval proposed by the applicant, the subject site will not be used for landfill deposit storage. D. All structures must meet the Unified Development Ordinance's 50-foot setback requirement from adjacent property lines. E. No contradictory evidence has been submitted that this project will substantially injure the value of adjoining or abutting properties. Conclusion 4: The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. A. The subject site is currently undeveloped. B. The subject site, as well as the surrounding area, is zoned 1-2, Heavy Industrial. C. The predominant land use in the immediate vicinity of the subject site is industrial, with the existing landfill site located to the north and east. D. The New Hanover County Landfill has been in operation since 1981. It has been modified and expanded several times over the years. E. The proposed modification will allow for landfill support operations and structures to be relocated onto the subject site, allowing New Hanover County Environmental Management staff to maximize the use of the existing, permitted landfill site. S-61 1 M Staff Report BOC 1.10.2022 Page 9 of 10 Board of Commissioners - January 10, 2022 ITEM: 12- 2 - 9 F. The site is located along the US Highway 421 North corridor, an NCDOT-maintained principal arterial roadway. G. The 2016 Comprehensive Land Use Plan classifies the subject property, as well as the surrounding area, as a Commerce Zone. This place type serves to provide areas for employment and production hubs, predominantly composed of light and heavy industrial uses, though office and complementary commercial uses are also allowed. The proposed use of the property as an expansion of the existing County landfill is in line with the types of industrial uses envisioned for the Commerce Zone place type because it would help to accommodate the continued expansion of the adjacent landfill site by providing an area for the relocation or addition of landfill support operations and structures. EXAMPLE MOTIONS Example Motion for Approval: Motion to approve, as the Board finds that this application for a Special Use Permit modification meets the four required conclusions based on the findings of fact included in the Staff Report. [OPTIONAL] Note any additional findings of fact related to the four required conclusions [OPTIONAL] Note any conditions be added to the development: Applicant's Proposed Conditions: 1. On Lot 2, the County will continue to work with the North Carolina Natural Heritage Program to identify the extent of any significant plant or animal species on the subject parcel and to protect these species when practicable in dedicated natural areas or to provide mitigation areas when species cannot be protected. 2. The County worked with the North Carolina Plant Conservation Program to identify three (3) habitat restoration areas as shown on Attachment D. Plantings of Aristida condensata and longleaf pines have been completed twice by University of North Carolina Wilmington students and faculty. The plantings were established successfully in two of the three habitat restoration areas and the third area remains protected in its natural state. 3. Lot 2 will not be used for landfill disposal. This condition shall not prohibit Lot 2 from being used for regulatory setbacks, permitted waste processing, andlor waste transfer. 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 Unified Development Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; 4. Will be in harmony with the area in which it is 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] S-61 1 M Staff Report BOC 1.10.2022 Page 10 of 10 Board of Commissioners - January 10, 2022 ITEM: 12- 2 - 10 Case: Site Address: Existing Zoning/Use: S611-M 3002 1-2/ US HWY 421 N. NHC Landfill Place Types ■ COMMERCE ZONE EMPLOYMENT CENTER GENERAL RESIDENTIAL Sk URBAN MIXED USE 0 COMMUNITY MIXED USE IF RURAL RESIDENTIAL wr CONSERVATION Board of Commissioners - January 10, 201�2 ITEM: 12- 4 - 1 Proposed Use: Landfill Expansion Subject Site 1,000 Feet Case: Site Address: S611-M 3002 US HWY 421 N. ExistingZoning/Use: oning/Use: 1-2/ NHC Landfill 5214 • / \ 5210 5220 > • 5280 • Proposed Use: Landfill Expansion 523S �00 Subject Site • 5211 • 5104 5125 5124 5100 �S096.5004 • 920 'o� 1� • ❑ Neighboring Parcels 1,000 O � t Feet Board of Commissioners - January 10, 2 2 ITEM: 12- 5 - 1 Site County, NC iA APPLICANT MATERIALS Board of Commissioners - January 10, 2022 ITEM: 12- 6 - 1 NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 1 10 Wilmington, North Carolina 28403 Telephone (910) 798-7165 FAX (910) 798-7053 planningdevelopment.nhcgov.com SPECIAL USE PERMIT APPLICATION This application form must be completed as part of a special use permit application submitted through the county's online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the application, are set out in Section 10.3.5 of the Unified Development Ordinance. (Optional) 1 * 2 3 Pre -Application Community Application Planning Conference Information Submittal & Director Review Meeting Acceptance & Staff Report (TRC Optional) IPublic Hearing Procedures 1 4 5 6 7 Public Hearing Planning Board Board of Post -Decision Scheduling & Preliminary Commissioners Limitations and Notification Forum Hearing & Actions Decision IL PF *If the proposed use is classified as intensive industry, the applicant shall conduct a community information meeting in accordance with Section 10.2.3, Community Information Meeting. 1. Applicant and Property Owner Information Applicant/Agent Name Owner Name (if different from Applicant/Agent) Joe Suleyman, Director Environmental Management Company Company/Owner Name 2 New Hanover County Landfill Address Address 3002 US Highway 421 North City, State, Zip City, State, Zip Wilmington, NC 28401 Phone Phone (910) 798-4403 Email Email isuleyman@nhcgov.com Board of Commissioners - January 10, 2022 Page 1 of 8 ITEM: 12- 7 - 1 Special Use Permit Application — Updated 10-2021 2. Subject Property Information Address/Location Parcel Identification Number(s) 5124 US Highway 421 North Wilmington, NC 28401 R02300-001-017-000 Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification 8 acres 1-2 Industrial District Resource Protection Area 3. Proposed Zoning, Use(s), & Narrative Please list the proposed use(s) of the subject property, and provide the purpose of the special use permit and a project narrative (attach additional pages if necessary). The County recently purchased an 8-acre parcel between the New Hanover County Secure Landfill (Parcel: R02300-001-017-000) and US Highway 421 North which is to be added to the landfill property. The possible development of this parcel is for future infrastructure and operations or other support facilities and/or buildings for the County's Environmental Management Department. Project Narrative with supportive documentation attached. 4. Proposed Condition(s) Please note: Within a special use permit proposal, additional conditions and requirements which represent greater restrictions on the development and use of the property than the corresponding zoning district regulations may be added. These conditions may assist in mitigating the impacts the proposed development may have on the surrounding community. Please list any conditions proposed to be included with this special use permit application below. Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process that meet or exceed the minimum requirements of the Unified Development Ordinance. On Lot 2, the County will continue to work with the North Carolina Natural Heritage Program to identify the extent of any significant plant or animal species on the subject parcel and to protect these species when practicable in dedicated natural areas or to provide mitigation areas when species cannot be protected. The County worked with the North Carolina Plant Conservation Program to identify three (3) habitat restoration areas as shown on Attachment C. Plantings of Aristida condensata and longleaf pines have been completed twice by University of North Carolina Wilmington students and faculty. The plantings were established successfully in two of the three habitat restoration areas and the third area remains protected in its natural state. Board of Commissioners - January 10, 2022 Page 2 of 8 ITEM: 12- 7 - 2 Special Use Permit Application — Updated 10-2021 5. Traffic Impact Please provide the estimated number of trips generated for the proposed use(s) based off the most recent version of the Institute of Traffic Engineers (ITE) Trip Generation Manual. A Traffic Impact Analysis (TIA) must be completed for all proposed developments that generate more than 100 peak hour trips, and the TIA must be included with this application. ITE Land Use: See Attachment F for the traffic count worksheet completed by the Transportation Planning Engineer from Wilmington's Planning, Development and Transportation Department Trip Generation Use and Variable (gross floor area, dwelling units, etc.) AM Peak Hour Trips: I PM Peak Hour Trips: 6. Criteria Required for Approval of a Special Use Permit A use designated as a special use in a particular zoning district is a use that may be appropriate in the district, but because of its nature, extent, and external impacts, requires special consideration of its location, design, and methods of operation before it can be deemed appropriate in the district and compatible with its surroundings. The purpose is to establish a uniform mechanism for the review of special uses to ensure they are appropriate for the location and zoning district where they are proposed. For each of the four required conclusions listed below, include or attach a statement that explains how any existing conditions, proposed development features, or other relevant facts would allow the Board of County Commissioners to reach the required conclusion, and attach any additional documents or materials that provide supporting factual evidence. The considerations listed under each required conclusion are simply those suggested to help the applicant understand what may be considered in determining whether a required conclusion can be met. Any additional considerations potentially raised by the proposed use or development should be addressed. 1. The use will not materially endanger the public health or safety if located where proposed and approved. Considerations: • Traffic conditions in the vicinity, including the effect of additional traffic on streets and street intersections, and sight lines at street intersections with curb cuts; • Provision of services and utilities, including sewer, water, electrical, garbage collections, fire protection; • Soil erosion and sedimentation; • Protection of public, community, or private water supplies, including possible adverse effects on surface waters or groundwater; or • Anticipated air discharges, including possible adverse effects on air quality. The existing New Hanover County Secure Landfill Facility began operation in November 1981. During the process of permitting the original facility a Special Use Permit was issued by the County for development of that facility. The Landfill has been in operation for over 39 years without causing environmental/health issues. It is located in the industrial corridor of US Highway 421 North in the northwest area of the County. Abutting land uses to the west of the existing landfill were developed after the landfill was established. The current facility operates in accordance with the Department of Environment Quality (DEQ) Solid Waste Permit No. 65-04, as originally issued on August 24, 1981, which has been modified from time -to -time to accommodate disposal unit expansion and other solid waste related uses. Other agency required permits are also in -place. The expansion site will be permitted under the some regulations as the existing facility. The acquired 8-acre parcel (Lot 2) is intended to be used for future infrastructure and operations or other support facilities and/or buildings for the solid waste program. This lot will function as an extension of the existing landfill property, so it is the intent that all permits (state and local) required will be modifications to existing permits issued to the original landfill site. Board of Commissioners - January 10, 2022 Page 3 of 8 ITEM: 12- 7 - 3 Special Use Permit Application — Updated 10-2021 2. The use meets all required conditions and specifications of the Unified Development Ordinance. Lot 2 is currently zoned as 1-2 Heavy Industrial (see Attachment B). The existing site operates in compliance with current standards for sound, vibration, heat discharge, glare, odor, air quality and water quality, as applicable under federal, state, and local regulations. The new lot will have the same operations as the existing site. The purpose of this Special Use Permit modification is to add the subject parcel with the existing special use which is allowed under the New Hanover County Zoning Ordinance and meets the federal, state, and local regulations. In addition, the adjacent properties are all zoned I-2 Heavy Industrial thus no minimum buffer is required. A 50-foot setback from the US Highway 421 North side and a 50-foot setback on the south side for the 8-acre parcel will be accommodated as the site is developed. The regulations through DEQ have setback requirements from the property line including that no waste may be placed within 300 feet of the property line. 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. Lot 2 and adjacent properties are all zoned 1-2 Heavy industrial (see Attachment B). The existing site operates in compliance with current standards for sound, vibration, heat discharge, glare, odor, air quality and water quality, as applicable under federal, state, and local regulations. The new lot will have the same operations as the existing site; therefore, the proposed special use revision should not impact the value of adjoining or abutting properties. Board of Commissioners - January 10, 2022 Page 4 of 8 ITEM: 12- 7 - 4 Special Use Permit Application — Updated 10-2021 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. In 2020, New Hanover County acquired an approximately 8-acre parcel of land (Parcel: R02300-001-017- 000) contiguous to the existing New Hanover County Secure Landfill Facility. Attachment C includes a drawing that reflects planning for this area. Board of Commissioners - January 10, 2022 Page 5 of 8 ITEM: 12- 7 - 5 Special Use Permit Application — Updated 10-2021 Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under "Applicant Initial". If an item is not applicable, mark as "N/A". Applications determined to be incomplete must be corrected in order to be processed for further review; Staff will confirm if an application is complete within five business days of submittal. Applicant Application Checklist Initial )g This application form, completed and signed Application fee: • $500; $250 if application pertains to a residential use (i.e. mobile home, duplex, family child care home). N/A Traffic Impact Analysis (if applicable) N/A VConceptual Site Plan including the following minimum elements: • Tract boundaries and total area, location of adjoining parcels and roads • Proposed use of land, structures and other improvements o For residential uses, this shall include number, height, and type of units; area to be occupied by each structure; and/or subdivided boundaries. o For non-residential uses, this shall include approximate square footage and height of each structure, an outline of the area it will occupy, and the specific purposes for which it will be used. • Proposed transportation and parking improvements; including proposed rights -of - way and roadways; proposed access to and from the subject site; arrangement and access provisions for parking areas. • All existing and proposed easements, required setbacks, rights -of -way, and buffering. • The location of Special Flood Hazard Areas. • The approximate location of regulated wetlands. • A narrative of the existing vegetation on the subject site including the approximate location, species, and size (DBH) of regulated trees. For site less than 5 acres, the exact location, species, and sized (DBH) of specimen trees must be included. • Any additional conditions and requirements that represent greater restrictions on development and use of the tract than the corresponding general use district regulations or additional limitations on land that may be regulated by Federal or State law or local ordinance. • Any other information that will facilitate review of the proposed special use permit (Ref. Section 10.3.5, as applicable) Applications for uses in the intensive industry category must also submit: • Community meeting written summary • A list of any local, state, or federal permits required for use M/One (1 ) hard copy of ALL documents and site plan. Additional hard copies may be required by staff depending on the size of the document/site plan. �/ p4 One (1) digital PDF copy of ALL documents AND plans VFor wireless support structures or substantial modifications, the elements listed on the attached checklist �/A Board of Commissioners - January 10, 2022 Page 6 of 8 ITEM: 12- 7 - 6 Special Use Permit Application — Updated 10-2021 7. Acknowledgement and Signatures By my signature below, I understand and accept all of the conditions, limitations, and obligations of the special use permit for which I am applying. I understand that the existing Official Zoning Map is presumed to be correct. I understand that I have the burden of proving that the proposal meets the four required conclusions. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. If applicable, I also appoint the applicant/agent as listed on this application to represent me and make decisions on my behalf regarding this application during the review process. The applicant/agent is hereby authorized on my behalf to: 1. Submit an application including all required supplemental information and materials; 2. Appear at public hearings to give representation and comments; 3. Act on my behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of this application; and 4. Provide written consent to any and all conditions of approval. �JOE sit I-E� rnp-nl Sig Lure of ProlWerty Owners) Print'Name(s) Si at a of A licant/A ent Print Name Note: This form must be signed by the owner(s) of record. If there are multiple property owners, a signature is required for each owner of record. The land owner or their attorney must be present for the application at the preliminary forum and public hearing. If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will be calendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. Page 7 of 8 Special Use Permit Application — Updated 10-2021 Board of Commissioners - January 10, 2022 ITEM: 12- 7 - 7 Telecommunications Requirements Checklist Requirements for Wireless Support Structures & Substantial Modifications Applicant Initial Affidavit certifying the construction and placement of wireless facilities meets the provisions of the Federal Communications Act, 47 U.S.C. § 332, as amended, section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012, 47 U.S.C. § 1455 (a), in accordance with the rules promulgated by the Federal N/A Communications Commission (FCC), and all other applicable federal, state, and local laws. Simulated photographic evidence of the proposed appearance of the wireless support structure and wireless facilities from at least four (4) vantage points and a statement as to the potential visual and aesthetic impacts N/A on all adjacent residential zoning district. Determination of No Hazard to Air Navigation, or other applicable determination by the Federal Aviation Administration (FAA) upon review of FAA Form 7460. N/A For New Wireless Support Structures: Information or materials providing evidence that collocating new antennae and equipment on an existing wireless support structure or structures within the applicant's search ring is not reasonably feasible. Per NCGS 160D-933, collocation on an existing wireless support structure is not reasonably feasible if the collocation is technically or commercially impractical or the owner of the existing wireless support structure is unwilling to enter into a contract for such use at fair market value. N/A Board of Commissioners - January 10, 2022 Page 8 of 8 ITEM: 12- 7 - 8 Special Use Permit Application — Updated 10-2021 • Special Use Permit Modification Narrative o Attachment A - Parcel Deed o Attachment B - Property Survey o Attachment C - Zoning Map o Attachment D - Site Plan Drawing o Attachment E - Flood Map • Attachment F -Traffic Count Worksheet • Attachment G -Community Meeting Written Summary • Attachment H - Applicable Permit List Board of Commissioners - January 10, 2022 ITEM: 12- 7 - 9 NARRATIVE SPECIAL USE PERMIT MODIFICATION FOR THE NEW HANOVER COUNTY LANDFILL 7/16/2021 In 2020 New Hanover County (County) acquired an approximately 8-acre parcel of land (Parcel: R02300-001-017-000) contiguous to the existing New Hanover County Secure Landfill Facility property (Parcel: R02300-001-004-000). See Attachment A for the Parcel Deed. The County requests that the existing Special Use Permit be modified to add the new 8-acre parcel. The newly acquired 8-acre parcel (Lot 2) may be used for future infrastructure and operations or other support facilities and/or buildings for the County's Environmental Management Department. This lot will function as an extension of the existing landfill property, so it is the intent that all permits (state and local) required for the expansion will be modifications to existing permits issued to the original landfill site. A copy of the survey map of Lot 2 is included in Attachment B, showing the current New Hanover County Landfill Facility and the contiguous Lot 2. Lot 2 is currently zoned as 1-2 Heavy Industrial (see Attachment C). The existing landfill site operates in compliance with current standards for sound, vibration, heat discharge, glare, odor, air quality and water quality, as applicable under federal, state, and local regulations. Lot 2 will have the same operations as the existing site. The purpose of this Special Use Permit modification is to add the subject parcel with the existing special use which is allowed under the New Hanover County Zoning Ordinance and meets the federal, state, and local regulations. In addition, the properties adjacent to Lot 2 are zoned 1-2 Heavy Industrial thus no minimum buffer is required. A 50-foot setback from the US Highway 421 North side and a 50-foot setback on the south side for the 8-acre parcel will be accommodated as the site is developed. The regulations through DEQ have setback requirements from the property line including that no waste may be placed within 300 feet of the property line. The landfill currently provides for the disposal of New Hanover County's waste. Lot 2 will potentially provide a location for the relocation of other landfill buildings, infrastructure and operations that will be displaced by the continued buildout of the previously permitted South Property disposal units. This means that new traffic is not being generated on US Highway 421 North due to adding the subject parcel. Therefore, the impacts on local traffic will not be significantly different from the current traffic on US Highway 421 North. On -site routing is designed to address access to the disposal area by those vehicles bringing the waste for disposal and for on -site maintenance and operations equipment. The County has maintained a buffer of at least 50-feet from all property lines except where road access or environmental monitoring systems were needed. The existing vegetation in those areas has been maintained in place as well and acts as a visual buffer. It is the intent that this practice will continue along property lines common to adjacent tracts to the south and west. The land classification of the site is Natural Heritage Resource Protection Area as identified with the contiguous South Property under the current Special Use Permit. As part of a sand ridge habitat area that encompasses much of the US Highway 421 corridor, the area of development Page � 1 Board of Commissioners - January 10, 2022 ITEM: 12- 7 - 10 is not different than other previously developed locations. It is the intent of the permitting process to provide the maximum disposal area to meet the needs of the County citizens while addressing protection and mitigation of the sand ridge natural conditions. The previous special use permit calls for certain areas, within the South Property to be maintained as dedicated natural areas to help with the preservation of the habitat. According to the flood map provided by FEMA, the area where Lot 2 is located was identified as an area of minimal flood hazard (see Attachment Q. Since landfills require development of large base footprints for the disposal units, the existing scrub oaks and pines will be removed and the site graded to allow the landfill to properly operate in accordance with the DEQ permits. Trees will be maintained along areas adjacent to other parcels as a buffer zone as described above. Upon issuance of the Special Use Permit the County will proceed with the process to gain the required permits from NCDEQ agencies. Other items attached herein include: Attachment A - Parcel Deed Attachment B - Property Survey Attachment C - Zoning Map Attachment D -Site Plan Drawing Attachment E - County Flood Map Page � 2 Board of Commissioners - January 10, 2022 ITEM: 12- 7 - 11 ATTACHMENT A PARCEL DEED Board of Commissioners - January 10, 2022 ITEM: 12- 7 - 12 Book 6321 Page 2596 BK: RB 6321 PG: 2596-260a RECORDED: 2020022138 NG FEE $26.00 06-16-2020 NEW HANOVER COUNTY, NC STATE OF NC 02:53:56 PM TAMMYTHEUSCH BEASLEY REAL ESTATE BY: STEPHANIE PEREZ REGISTER OF DEEDS EXTX $1560.00 DEPUTY SPECIAL WARRANTY DEED Parcel: R02300-001-017-000 Revenue Stamps: $1,560.00 xb ❑ If checked, the property includes the primary residence of at least one of the parties depicted as party of the first part. (N.C. Gen. Stat. § 105-317.2) STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER THIS SPECIAL WARRANTY DEED, made and entered into this the ( 4 day of June, 2020 by and between TIDEWATER TRANSIT CO., INC., a North Carolina corporation, party of the first part (the address of the party of the first part is: Post. Office Box 1.89, Kinston, NC 28502); and NEW HANOVER COUNTY, party of the second part (the address of the party of the second part is: 3© ©y E'tnMe,"tU"A-ef U)0m 9 Cz8-o3 WITNESSETH: That the party of the first part in consideration of the sum of Ten and No1100 Dollars ($10.00) and other good and valuable considerations paid to the party of the first part by Prepared by Ward and Smith, P.A., 127 Racine Drive, University Corporate Center (28403), Post Office Box 7068, Wilmington, NC 28406-7068 Please return to Ward and Smith, P.A., 127 Racine Drive, University Corporate Center (28403), Post Office Box 7068, Wilrington, NC 28406-7068 Attention: Justin M. Lewis No opinion on title is rendered by Ward and Smith, P.A., without a separate written opinion on title from Ward and Smith, P.A. This instrument prepared by Justin M. Lewis, a licensed North Carolina attorney. Delinquent taxes, if any, to be Maid by the closing attorney to the county tax collector upon disbursement of closing proceeds. RETURN TO NNC Aj-- - Board of Commissioners - January 10, 2022 ITEM: 12- 7 - 13 Book 6321 Page 2597 the party of the second part, the receipt and sufficiency of which hereby are acknowledged, has granted, bargained, sold and conveyed and by these presents does grant, bargain, sell and convey unto the party of the second part, said patty's successors and assigns, the following described property to wit: All that certain tract or parcel of land lying and being situate in New Hanover County, North Carolina, and being more particularly described on Exhibit A attached hereto and incorporated herein by reference. This conveyance is made subject to easements of record or on the ground, restrictive covenants of record and ad valorem taxes for the current year, which taxes the party of the second part, by acceptance of this deed, does agree to pay. TO HAVE AND TO HOLD said property and all privileges and appurtenances thereunto belonging to the party of the second part, said party's successors and assigns, forever. And the party of the first part covenants that said party has done nothing to affect such title to the aforesaid property as was received by said party and, subject to the matters set forth above, agrees to warrant and defend the title to said property against the lawful claims of all persons claiming by, through or under said party, but no further. IN TESTIMONY WHEREOF, the party of the first part has caused this instrument to be executed under seal in such form as to be binding, this the day and year first above written. TIDEWATER TRANSYT�,L`O., INC. (SEAL) By: Nam( Title: 16 Board of Commissioners - January 10, 2022 ITEM: 12- 7 - 14 Book 6321 Page 2598 STATE OF WOrth CCIEJ i Vo, COUNTY OF Lenoi,' I certify that the following person personally appeared before me this day, acknowledging to me that he/she signed the foregoing document for thepurpose(s) stated therein, in the capacity indicated therein: `4�rCSldent 71 _ Date; 0 (s- 1- 40 a-0 N ml le a A & . PS nq✓' 5 aturejof Notary Public Q � Pnni er ! pue.t Notary's" rinted or typed name My commission expires: 03-aq-1a0a.t (Official Seat) ER pA�,��� �A0T,4 y. COUNT� Notary seal or stamp must appear within this box. 060137-00002 ND: 4818-6731.4620, V. 1 Board of Commissioners - January 10, 2022 ITEM: 12- 7 - 15 Book 6321 Page 2599 EXHTBIT A All that certain tract or parcel of land lying and 'being situate in New Hanover County, North Carolina, and being more particularly described as follows: BEING all of Lot 2, containing 7.992 acres, more or less, as shown on the plat of the Remaining Lands of 421 Partners prepared by Geolnnovation Survey Solutions, PLLC dated April 21, 2006 and recorded its Map Boob 49 at Page 288, New Hanover County Registi3,, to which map reference is made for a more particular description. SUBJECT TO a 10-foot utility easement along and within the western property line of said tract adjacent to US Highway 421 as shown on said map. This being the same property described in the deed recorded in Book 5047, Page 1662 in the office of the Register of Deeds of New Hanover County. Board of Commissioners - January 10, 2022 ITEM: 12- 7 - 16 Book 6321 Page 2600 �}NTY. TAMMY THEUSCH New Hanover County `G� � �� BEASLEY Y 0 '0 Register of Deeds Register of Deeds z o 320 CHESTNUT ST SUITE 102 - WILMINGTON, NORTH CAROLINA 28401 x i Telephone 910-798-4530 - Fax 910-798-7716 r�usun' +rwr+wr++w++wrrw+++rw+++w�.w+++r++�rw++++++w+r++w++++++++rr++rwwrw++++++t+++++w++++++++++wrwww+w+ww+++++++w++• State of North Carolina, County of NEW HANOVER Filed For Registration: 06/16/2020 02:53:56 PM Book: RB 6321 Page: 2596-2600 5 PGS $1,586.00 Real Property $26.00 Excise Tax $1,560.00 Recorder: STEPHANIE PEREZ Document No: 2020022138 +++++rrr+r+rww+►++++,e++rw+rw+r+r+w++r+,rwrwrw+w+++kw+w+r++w+++wrrw++rrrt++,�k+,t+rrrr+wr+w++r++r++r++w+w+►++r++ DO NOT REMOVE! This certification sheet is a vital part of your recorded document. Please retain with original document and submit when re-recording. Board of Commissioners - January 10, 2022 ITEM: 12- 7 - 17 ATTACHMENT B PROPERTY SURVEY Board of Commissioners - January 10, 2022 ITEM: 12- 7 - 18 NEW HANOVER COUNTY LANDFILL SURVEY Board of Commissioners - January 10, 2022 ITEM: 12- 7 - 19 ATTACHMENT C ZONING MAP Board of Commissioners - January 10, 2022 ITEM: 12- 7 - 20 PAR L ID: R02300-001-017-000 ATTACHMENT D SITE PLAN DRAWING Board of Commissioners - January 10, 2022 ITEM: 12- 7 - 22 Ln in m M 5. m X O r) J m LU CQ G J N ro z Z3 M J E Q Ln rri r,4 CD M U N 0 x CD i N 0- 0 N z Q J u.1 cn Ln , 0 N i Ln , Qj CAA L.L. T fB J z N U cla 113.0 iz 06 a� U M a •E O v Ln �U N Cl N c 0 a--+ r6 U C6 c6 ca c� 0 / r14 r _I 00 O 00 r14 O U LU 1 N i r6 0- E C6 r-I lLn 0 T cu 4-1 / •+�,,,,� fir• �•.c' 1 • � +�*•�: - . .r�"� ;ice ..�. `��„ �:- , ,• � '� - „. ' �, - ^ +s x 7'• +/ y f F . r•.1 .. �.�I.Y'�•'sr�•'� Z..-ter .:_..� �� - �J!" Ell : 5-04—LL !" i ♦♦♦ AREA 2 IV A. ♦�6 ♦!�!�►A♦♦!!�i►!♦♦♦!� Volt 7 CELL 6 E tt i. _ • �•-s F �` F :, ai �� `.J►,� 65-04—CC IMF, r f f x Y- rC LIT , 4 ��itLf CELL 6D r k ; 4 #ram - - �!!a,!♦♦�♦ !►`. fir„ !!A♦♦♦!♦♦♦♦ ♦ �i♦ CELL 6C .. �.. _.� _ ♦�♦�♦�♦�♦�!. �1�♦�♦. ,A♦mot 65-04-R SEDIMENTATION BASIN CELL 2 CELL 3A NORTH �♦�l�l�;,��i;''� '��dat: ,,ram �':1�� i fit; � �. ,� �. r r `�v p*i�► !♦♦t C & D t.� �►®♦1��1A `0�����♦� AREA 1 ♦VI0�` 65-04 200 100 0 200 ,.!; �' r. '� ,'�`'' *'•.; .,� 4:;► SCALE IN FEET It"-`�� LEGEND * r 65-04-Y SHALLOW MONITORING WE @ 65-04—Z DEEP MONITORING WELL EXISTING ACTIVE LANDFILL CLOSED LANDFILL CELL r r r rrrr rrr rrr WESTERN STORM WATER POND 300' PROPERTY LINE BUFFER NEW CELL ON EXISTING PARCEL FUTURE HABITAT INFILL AREA ON EXISTING PARCEL RESTORATION AREA APPROXIMATE PROPERTY BOUNDARY �►♦!�'� < < 421 SAND RIDGE CONSERVATION AREA ►oo� ���*� 65-04-1I FUTURE CREATED WETLAND AREA 10oo,�J��oo NON —POTABLE WATER SUPPLY WELL ►0000®o , o��� lK.MLAW31 KA,JFINIM �� ���♦��♦®�® 65-04—WT N FI LL AREA 19 :►R►„� CELL ��� o!►o •T�•�►•��►s�► ► ��000®oo®� 4:r a:' 6 5 - 0 4 - j � . � SURVEY SOURCE NOTES: _ , .�►�,•�r�����z�►ii/foot'►oo�000� �?`►',.►�`d�Crf►�%��ri'�1�00�/000�ho` I �'' CAROLI"NA_ RESOURCE MAPPING, INC. _ ���� 01000♦ o0 3517 WRIGHTSVILLE AVENUE �o��'�� CREATED WETLAND WILMINGTON, NORTH CAROLINA 28403 LEACHATE TREATMENT FACILITY r� o��'r���.00 • TEL: 910-799-6800 �y.2F ' �► � �d •�► Qr,i LEACHATE FORCE MAIN DISCHARGE a' - ��t��s•��ed�= ___ 65-04-GG PROPERTY CELL 4A CE- PILOT WETLAND t _ FUTURE LEACHATE EArMEC TREATMENT ' LAGOON+; ca . �. & STORAGE ,lea- �•. �.y 5 04-Q MASTER PUMP STATION 65-04-Y 65-64-Z 35-04-E - - ■ 421 SAND RIDGE CONSERVATION AREA r 100 YEAR FLOOD LINE s� SEDIMENTATION BASIN 65-04—D 65 CELL 16 65-04-BB � ■ ■ ■ ■ tI i f i♦"�♦!♦� I I n ♦♦♦♦♦!♦♦♦! .� !♦ .- .• -� ;� •+off. � s I : �.. ♦♦!!♦ sA.^w;,r, wf+, tee,°®�4 +sfQ,,�;.�,�; ,. �• - ` :' I ♦♦♦!♦ C E L L 6 A �� y s'.'�%a'�C. f� �, ®.%��i 0��r`��;►��i `' r'ec �. ' w � ♦ ♦ ♦!! ''� �' ', �r � 0"✓ 4o`f "�'ffr�I ! ��iOe�I ♦ 1i P`' I �( � buf AL ♦♦�D!♦ ■ ' n r6 — , ■'■ ■'■ ■'� ♦♦♦♦♦♦!♦♦ INFILL AREA 18 CELL 5 ' ELL 17 ■'■ JV BASIN uION ! t SCALE HOUSE .... + 1��+►$e�: a�-*{�.`, ,�-- i !!♦ ♦♦!!�!!!l,� PLANNED LOCATION ; r 6 5 - 0 4 - P '`-F. •_ t� •r-•- !!♦♦®♦�'*�!�!!!♦!�'®�►Q F FOR N EW CUSTOMER _ I , r�c�s,�®♦� ENIENCE CENTER 5-04-0 ♦♦!♦♦♦♦♦♦CONV♦:1��:� a-- - T�- 65-04-X AND HOUSEHOLD ♦♦♦♦♦ ;. _HAZARDOUS WASTE ®!!!♦♦O!!!1!!♦♦!♦!♦♦� POSSIBLE FUTURE LOCATION _ FOR LANDFILL INFRASTRUCTURE, '` NW OPERATIONS AND SUPPORT N W- 01 INTERMEDIATE MATERIALS 1 RECOVERY AND RECYCLING FACILITIES FACILITY LOCATION CUSTOMER s ^FLL 8 ' CELL 8A �LL NW—o4 _ — Li. j i R .. . rrf r ►tElE��r ���' � '� 50 FEET SETBACK y ''�''� '►" SOUTH BOUNDARY '. d RO P E RTY T: a F�,� � r ram. APPROXIMATE BOUNDARY.! t r .� - _ LOT 2 - 8 ACRE PARCEL, p ? `r CELL 14 CELL 10 CELL 10A 46 TTT , [ef r x f PERIMETER ROADWAY tra rri I F / } Y' I •' �` i 11 7 w! . i CELL 69 STORM WATER DITCH CELL 13 r CELL 12 NI W_ CELL 11 WN-Alt'' ter" .I ` .�r� .,�<i,;�;r ate.• a �; � — - --•.:a.:. - i�. '.d- � �?� ` �-� t ' -,q-.4 ` <r:' THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY IAN SPURLOCK, P.E. ON THE DATE ��O�L ADJACENT TO THE SEAL. � �oFEsS PRINTED COPIES OF THIS DOCUMENT ARE NOT _\ SEAL CONSIDERED SIGNED AND SEALED AND THE = 047275 = SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES.�HGINE�� SPUR\.p����\ NANDI 4- a. •� � a. x t ile 421 SAND RIDGE CONSERVATION AREA - NATURAL WETLANDS HABITAT AREA FUTURE CREATED WETLAND NATURAL AREA TW04 TW05 ENVIRONMENTAL FEATURES STUDY AREA Board of Commissioners - January 10, 2022 ITEM: 12- 7 - 23 NEW HANOVER COUNTY LANDFILL- ULTIMATE BUILDOUT VVV `■ v%A00 Im`I`■ ■Ve ATTACHMENT E FLOOD MAP Board of Commissioners - January 10, 2022 ITEM: 12- 7 - 24 National Flood Hazard Layer FI RMette 77o59'48"W 34o19'34"N 3 t AREA OF MINI 0 250 500 1,000 1,500 s FEMA 11 L if b 25 ;a6_-ljdl�'y}t GULL S9ll W 34 194 UUUUU Basemap: USGS National Map: Orthoimagery. Data refreshed October, 2020 Legend SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT Without Base Flood Elevation (BFE) Zone A. V. A99 SPECIAL FLOOD With BFE or Depth zone AE, Ao, AH, VE, AR HAZARD AREAS Regulatory Floodway 0.2%Annual Chance Flood Hazard, Areas Of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square mile zone x ®Future Conditions 1% Annual Chance Flood Hazard zone x Area with Reduced Flood Risk due to OTHER AREAS OF Levee. See Notes. zone x FLOOD HAZARD Area with Flood Risk due to Leveezone o NO SCREEN Area of Minimal Flood Hazard zonex Q Effective LOMRs OTHER AREAS Area of Undetermined Flood Hazard zone GENERAL - -- — - Channel, Culvert, or Storm Sewer STRUCTURES I I I I I Levee, Dike, or Floodwal Cross Sections with 1% Annual Chance 17•5 Water Surface Elevation e — — — Coastal Transect —513— Base Flood Elevation Line (BFE) Limit of Study Jurisdiction Boundary -- --- Coastal Transect Baseline OTHER _ Profile Baseline FEATURES Hydrographic Feature Digital Data Available N No Digital Data Available MAP PANELS Unmapped 9 The pin displayed on the map is an approximate point selected by the user and does not represent an authoritative property location. This map complies with FEMA's standards for the use of digital flood maps if it is not void as described below. The basemap shown complies with FEMA's basemap accuracy standards The flood hazard information is derived directly from the authoritative NFHL web services provided by FEMA. This map was exported on 6/11/2021 at 2:39 PM and does not reflect changes or amendments subsequent to this date and time. The NFHL and effective information may change or become superseded by new data over time. This map image is void if the one or more of the following map elements do not appear: basemap imagery, flood zone labels, legend, scale bar, map creation date, community identifiers, FIRM panel number, and FIRM effective date. Map images for unmapped and unmodernized areas cannot be used for regulatory purposes. Attachment F Traffic Count Worksheet Board of Commissioners - January 10, 2022 ITEM: 12- 7 - 26 Clear Form Print Traffic Impact Worksheet Prior to submission of nonresidential site plan, this worksheet must be prepared. A Traffic Impact Analysis will be required for all projects generating 100 peak hour trips or more. The scope of the TIA shall be determined by concurrence of the Planning Director, the MPO coordinator and NCDOT traffic engineer. Any mitigation measures required must be included in the final site plan submitted for review. PROJECT NAME Special Use Permitting of County Landfill PROJECT ADDRESS 5124 US HWY 421 N, Wilmington NC 28401 DEVELOPER/OWNER New Hanover County EXISTING ZONING I-2 Heavy Industrial GROSS FLOOR AREA N/A* NEAREST INTERSECTION Sutton Lake Road BEFORE PROPOSED PROJECT sq. ft. Average Daily Traffic (Date) 16,234 vehicles (Aug 2019) LEVEL OF SERVICE (LOS) B ITE MANUAL TRAFFIC GENERATION ESTIMATE: *ITE Manual available at Planning Department USE AND VARIABLES: Landfill Expansion, no new traffic expected. (Example: Racquet Club; 8 courts; Saturday peaks) AM PEAK HOUR TRIPS 56 PM PEAK HOUR TRIPS 45 (Traffic generation of 100peak hour trips will require Traffic Impact Analysis Scoping meetingwith Plan n ing Departm en t) Andres Velosa Person Providing Estimate Signature Peak Hour estimate confirmed by Planning & Zoning on IRE (Date) Board of Commissioners - January 10, 2022 ITEM: 12- 7 - 27 Attachment G Community Meeting Written Summary Board of Commissioners - January 10, 2022 ITEM: 12- 7 - 28 New Hanover County Environmental Management Department 3002 US Highway 421 North Wilmington, North Carolina 28401 Community Meeting Written Summary Date: September 27, 2021 Re: Community Meeting for Special Use Permitting for 8-acre Parcel �.f11'j sti New Hanover County Environmental Management Department held a community meeting on Monday, September 27, 2021 from 4:00 pm to 5:00 pm at: New Hanover County Department of Environmental Management 3002 US Highway 421 North, Wilmington, NC 28401 Attendees are presented on the attached sign -in sheet (see Appendix A). The attached presentation was used during the community meeting (see Appendix B). The following written summary is provided in accordance with the UDO requirements. Summary of Issues Discussed: Attendee asked if waste could be at the property boundary. Applicant discussed that there are state and local buffer/setback requirements from property boundaries and right-of-ways as well as water supply wells. Based on these regulatory requirements, waste will not be disposal of up to the property boundary. • Attendee asked when the 8-acre parcel may be developed. Applicant stated that due to site development plans, parcel development may not occur for years and specific development plans have yet to be completed. If the 8-acre parcel is developed into a waste disposal area, it is more than likely that it would not be developed for a number of decades. • Attendee discussed odor concerns. Applicant stated that the County is incorporating landfill closures (encapsulating waste in plastic synthetic liner per state regulations) and has started to actively capture and destroy landfill generated gases per state regulations. Descriptions of Adjustments based on Comments: • None. Applicant discussed keeping attendee posted on any development plans. ,2 J Page � 1 Board of Commissioners - January 10, 2022 ITEM: 12- 7 - 29 Appendix A Community Information Meeting Sign -in Sheet Board of Commissioners - January 10, 2022 ITEM: 12- 7 - 30 L �O /�Z ftlstitiV NEW HANOVER COUNTY ENVIRONMENTAL MANAGEMENT DEPARTMENT COMMUNITY INFORMATION MEETING SIGN -IN SHEET SEPTEMBER 27, 2021 4:00 PM TO 5:00 PM SIGN -IN SHEET NAME COMPANY PHONE NO. Joe Sule New Hanover County New Hanover County New Hanover County New Hanover County 910-798-4406 910-798-4454 910-798-4402 910-798-4405 Sam Hawes Kim Roane [] Andy Mulvey New Hanover County 910-798-4458 Kevin Woodward SCS Engineers 919-662-3015 0 Kenton Yang � Ian Spurlock SCS Engineers 919-662-3015 �GIrk /� Page 1 of 3 Board of Commissioners - January 10, 2022 ITEM: 12- 7 - 31 Appendix B Community Information Meeting Presentation Board of Commissioners - January 10, 2022 ITEM: 12- 7 - 32 New Hanover County Environmental Management Department Community Information Meeting Monday, September 27, 2021 4:00pmto500pm Board of Commissioners - January 10, 2022 ITEM: 12- 7 - 33 1 Development Proposal Purchase of 8-acre parcel of land (Parcel: R02300-001-017- • Modify SUP to include new parcel • Possible future landfill disposal, infrastructure, operations or other support facilities • 1-2 • No development plans In 2O2o, New Hanover County (County) acquired an approximately 8-acre parcel of land (Parcel: RO2300-001-017-000) contiguous to the existing New Hanover County Secure Landfill Facility. The County requests that the existing Special Use Permit be modified to add the 8-acre parcel under the current Special Use Permit. The newly acquired 8-acre parcel (Lot 2) is intended to be used for possible future landfill disposal, infrastructure, operations or other support facilities for the solid waste program. This parcel will function as an extension of the existing landfill, so it is the intent that all permits (state and local) required for the expansion will be modifications to existing permits issued to the original landfill site. The existing zoning for the parcel is 1-2 Heavy Industrial as are the other parcels abutting the 8- acre parcel. Currently, there are not any development plans for the parcel. Board of Commissioners - January 10, 2022 ITEM: 12- 7 - 34 2 41 t'irr�� r -f i1± �i % N j %/ SCS ENGINEERS The existing New Hanover County Secure Landfill Facility began operation in November z981. During the process of permitting the original facility a Special Use Permit was issued by the County for development of that facility. Since then the County has acquired and added a 273-acre parcel of land (South Property) and a 3.85-acre parcel of land (Lot 3). Lot 2 is the subject parcel Board of Commissioners - January 10, 2022 ITEM: 12- 7 - 35 3 Zoomed in a wOri°iririra�irirs a ra�j� i4sf�iw�a�faw��iyi� .aae.eaeaaaaaa4fa�aa°iaaw�PfaaCLOSURE SCALE HOUSE PFPfflff fPf f'� • R r! ..�.r�� i 3 f�It�•PPaaf a a a . tfff°f1flfli aiirai �_ � r 1� . Prr f� fe•�re;f� � s P P �� 1a FACILITY LOCATION WTUREENVIAON,ii cum �dINTERMEDIATE MATERVLS DROP 114 • SSjBLE CELL 'fiEXPANSION e' F 'PROPERTY �r SZ ENGINEERS Board of Commissioners - January 10, 2022 ITEM: 12- 7 - 36 IA W Application Process (Optional) 2 3 4 $ (i Pre -Application Community Application Planning Public Hearing Planning Board Board of Post -Decision Conference Information Submittal& Director Review Scheduling& Hearing& Commissioners Limitaticns and Meeting Acceptance & Staff Report Notification Recom- Hearing & Actions ITRC Optional) mended.. Decision 10.2.3, C—munity Information Meeting. Scheduled to submit permit on Oct 11 th Board of Commissioners - January 10, 2022 ITEM: 12- 7 - 37 Questions Thank you for attending Board of Commissioners - January 10, 2022 ITEM: 12- 7 - 38 Attachment H Applicable Permit List Board of Commissioners - January 10, 2022 ITEM: 12- 7 - 39 List of local, state, or federal permits required for use: • North Carolina Department of Environmental Quality, Division of Waste Management, Solid Waste Section - New Hanover County MSW Landfil (Facility Permit No. 65-04) dated July 21, 2020 • North Carolina Department of Environmental Quality, Division of Energy, Mineral and Land Resources - New Hanover County Landfill (Stormwater Permit No. SW8 940414) dated September 10, 2021 Board of Commissioners - January 10, 2022 ITEM: 12- 7 - 40 PROPOSED SITE PLAN Board of Commissioners - January 10, 2022 ITEM: 12- 8 - 1 Ln in m M 5. m X O r) J m LU CQ G J N ro z Z3 M J E Q Ln rri r,4 CD M U N 0 x CD i N 0- 0 N z Q J u.1 cn Ln , 0 N i Ln , Qj CAA L.L. T fB J z N U cla 113.0 iz 06 a� U M a •E O v Ln �U N Cl N c 0 a--+ r6 U C6 c6 ca c� 0 / r14 r _I 00 O 00 r14 O U LU 1 N i r6 0- E C6 r-I lLn 0 T cu 4-1 / •+�,,,,� fir• �•.c' 1 • � +�*•�: - . .r�"� ;ice ..�. `��„ �:- , ,• � '� - „. ' �, - ^ +s x 7'• +/ y f F . r•.1 .. �.�I.Y'�•'sr�•'� Z..-ter .:_..� �� - �J!" Ell : 5-04—LL !" i ♦♦♦ AREA 2 IV A. ♦�6 ♦!�!�►A♦♦!!�i►!♦♦♦!� Volt 7 CELL 6 E tt i. _ • �•-s F �` F :, ai �� `.J►,� 65-04—CC IMF, r f f x Y- rC LIT , 4 ��itLf CELL 6D r k ; 4 #ram - - �!!a,!♦♦�♦ !►`. fir„ !!A♦♦♦!♦♦♦♦ ♦ �i♦ CELL 6C .. �.. _.� _ ♦�♦�♦�♦�♦�!. �1�♦�♦. ,A♦mot 65-04-R SEDIMENTATION BASIN CELL 2 CELL 3A NORTH �♦�l�l�;,��i;''� '��dat: ,,ram �':1�� i fit; � �. ,� �. r r `�v p*i�► !♦♦t C & D t.� �►®♦1��1A `0�����♦� AREA 1 ♦VI0�` 65-04 200 100 0 200 ,.!; �' r. '� ,'�`'' *'•.; .,� 4:;► SCALE IN FEET It"-`�� LEGEND * r 65-04-Y SHALLOW MONITORING WE @ 65-04—Z DEEP MONITORING WELL EXISTING ACTIVE LANDFILL CLOSED LANDFILL CELL r r r rrrr rrr rrr WESTERN STORM WATER POND 300' PROPERTY LINE BUFFER NEW CELL ON EXISTING PARCEL FUTURE HABITAT INFILL AREA ON EXISTING PARCEL RESTORATION AREA APPROXIMATE PROPERTY BOUNDARY �►♦!�'� < < 421 SAND RIDGE CONSERVATION AREA ►oo� ���*� 65-04-1I FUTURE CREATED WETLAND AREA 10oo,�J��oo NON —POTABLE WATER SUPPLY WELL ►0000®o , o��� lK.MLAW31 KA,JFINIM �� ���♦��♦®�® 65-04—WT N FI LL AREA 19 :►R►„� CELL ��� o!►o •T�•�►•��►s�► ► ��000®oo®� 4:r a:' 6 5 - 0 4 - j � . � SURVEY SOURCE NOTES: _ , .�►�,•�r�����z�►ii/foot'►oo�000� �?`►',.►�`d�Crf►�%��ri'�1�00�/000�ho` I �'' CAROLI"NA_ RESOURCE MAPPING, INC. _ ���� 01000♦ o0 3517 WRIGHTSVILLE AVENUE �o��'�� CREATED WETLAND WILMINGTON, NORTH CAROLINA 28403 LEACHATE TREATMENT FACILITY r� o��'r���.00 • TEL: 910-799-6800 �y.2F ' �► � �d •�► Qr,i LEACHATE FORCE MAIN DISCHARGE a' - ��t��s•��ed�= ___ 65-04-GG PROPERTY CELL 4A CE- PILOT WETLAND t _ FUTURE LEACHATE EArMEC TREATMENT ' LAGOON+; ca . �. & STORAGE ,lea- �•. �.y 5 04-Q MASTER PUMP STATION 65-04-Y 65-64-Z 35-04-E - - ■ 421 SAND RIDGE CONSERVATION AREA r 100 YEAR FLOOD LINE s� SEDIMENTATION BASIN 65-04—D 65 CELL 16 65-04-BB � ■ ■ ■ ■ tI i f i♦"�♦!♦� I I n ♦♦♦♦♦!♦♦♦! .� !♦ .- .• -� ;� •+off. � s I : �.. ♦♦!!♦ sA.^w;,r, wf+, tee,°®�4 +sfQ,,�;.�,�; ,. �• - ` :' I ♦♦♦!♦ C E L L 6 A �� y s'.'�%a'�C. f� �, ®.%��i 0��r`��;►��i `' r'ec �. ' w � ♦ ♦ ♦!! ''� �' ', �r � 0"✓ 4o`f "�'ffr�I ! ��iOe�I ♦ 1i P`' I �( � buf AL ♦♦�D!♦ ■ ' n r6 — , ■'■ ■'■ ■'� ♦♦♦♦♦♦!♦♦ INFILL AREA 18 CELL 5 ' ELL 17 ■'■ JV BASIN uION ! t SCALE HOUSE .... + 1��+►$e�: a�-*{�.`, ,�-- i !!♦ ♦♦!!�!!!l,� PLANNED LOCATION ; r 6 5 - 0 4 - P '`-F. •_ t� •r-•- !!♦♦®♦�'*�!�!!!♦!�'®�►Q F FOR N EW CUSTOMER _ I , r�c�s,�®♦� ENIENCE CENTER 5-04-0 ♦♦!♦♦♦♦♦♦CONV♦:1��:� a-- - T�- 65-04-X AND HOUSEHOLD ♦♦♦♦♦ ;. _HAZARDOUS WASTE ®!!!♦♦O!!!1!!♦♦!♦!♦♦� POSSIBLE FUTURE LOCATION _ FOR LANDFILL INFRASTRUCTURE, '` NW OPERATIONS AND SUPPORT N W- 01 INTERMEDIATE MATERIALS 1 RECOVERY AND RECYCLING FACILITIES FACILITY LOCATION CUSTOMER s ^FLL 8 ' CELL 8A �LL NW—o4 _ — Li. j i R .. . rrf r ►tElE��r ���' � '� 50 FEET SETBACK y ''�''� '►" SOUTH BOUNDARY '. d RO P E RTY T: a F�,� � r ram. APPROXIMATE BOUNDARY.! t r .� - _ LOT 2 - 8 ACRE PARCEL, p ? `r CELL 14 CELL 10 CELL 10A 46 TTT , [ef r x f PERIMETER ROADWAY tra rri I F / } Y' I •' �` i 11 7 w! . i CELL 69 STORM WATER DITCH CELL 13 r CELL 12 NI W_ CELL 11 WN-Alt'' ter" .I ` .�r� .,�<i,;�;r ate.• a �; � — - --•.:a.:. - i�. '.d- � �?� ` �-� t ' -,q-.4 ` <r:' THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY IAN SPURLOCK, P.E. ON THE DATE ��O�L ADJACENT TO THE SEAL. � �oFEsS PRINTED COPIES OF THIS DOCUMENT ARE NOT _\ SEAL CONSIDERED SIGNED AND SEALED AND THE = 047275 = SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES.�HGINE�� SPUR\.p����\ NANDI 4- a. •� � a. x t ile 421 SAND RIDGE CONSERVATION AREA - NATURAL WETLANDS HABITAT AREA FUTURE CREATED WETLAND NATURAL AREA TW04 TW05 ENVIRONMENTAL FEATURES STUDY AREA Board of Commissioners - January 10, 2022 ITEM: 12- 9 - 1 NEW HANOVER COUNTY LANDFILL- ULTIMATE BUILDOUT VVV `■ v%A00 Im`I`■ ■Ve