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Agenda 2022 02-07
NEW 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 FEBRUARY 7, 2022 4:00 PM MEETING CALLED TO ORDER (Chair Julia Olson-Boseman) Invocation (Pastor Mark E. Gaskins, Temple Baptist Church) Pledge of Allegiance (Vice -Chair Deb Hays) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Reappointment of Board of Directors for the New Hanover County Financing Corporation 3. Adoption of Heart Health Awareness Month Proclamation 4. Approval of Order for Advertisement of 2021 Unpaid Tax Liens on Real Property 5. Approval of December 2021 Tax Collection Reports ESTIMATED MINUTES REGULAR AGENDA ITEMS OF BUSINESS 10 6. Consideration of a Resolution Honoring Judge W. Allen Cobb Jr. for His Career of Service on the Bench and in His Community 10 7. Consideration of Contract for ES&J Enterprises, Inc. 40 8. Public Hearing Rezoning Request (Z21-15) - Request by Thompson Thrift Development, I nc., Applicant, on Behalf of ARFA Holdings, LLC, Property Owner, to Rezone Approximately 20.5 Acres of Land Located at 6124 Carolina Beach Road from B- 2, Regional Business District, to (CZD) RMF-M, Residential Multi -Family Moderate Density District, in Order to Develop a Multi -Family Project 15 9. Public Hearing Rezoning Request (Z21-20) - Request by Cindee Wolf with Design Solutions, Applicant, on Behalf of the Property Owners, Milton T Shaffer, 111, and ABA Self Storage, LLC, to Rezone Approximately 1.93 Acres of Land Located at 4629 and 4631 Carolina Beach Road from (CZD) B-1, Conditional Neighborhood Business District, and (CZD) B-2, Conditional Regional Business District, to (CZD) B-2 Conditional Regional Business District Board of Commissioners - February 7, 2022 PUBLIC COMMENTS ON NON -AGENDA ITEMS (limit three minutes) ESTIMATED MINUTES ADDITIONAL AGENDA ITEMS OF BUSINESS 10. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 11. 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 - February 7, 2022 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 2/7/2022 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 meeting: Regular Meeting held on January 24, 2022 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 - February 7, 2022 ITEM: 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 2/7/2022 Consent DEPARTMENT: County Attorney PRESENTER(S): Wanda Copley, County Attorney CONTACT(S): Wanda Copley SUBJECT: Reappointment of Board of Directors for the New Hanover County Financing Corporation BRIEF SUMMARY: It is recommended that the board reappoint Chris Coudriet and Lisa Wurtzbacher as directors of the New Hanover County Financing Corporation. The term for each director is three (3) years. The New Hanover County Financing Corporation was formed under the North Carolina Non -Profit Corporation Act to, among other things, assist the county in the financing of the purchase of essential real property, the construction of essential improvements, and the purchase of essential personal property with Certificates of Participation or Limited Obligation Bonds. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend the Board of Commissioners reappoint Chris Coudriet and Lisa Wurtzbacher as directors of the New Hanover County Financing Corporation for an additional three (3) years. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend reappointments. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - February 7, 2022 ITEM: 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 2/7/2022 Consent DEPARTMENT: Health and Human PRESENTER(S): Diana Vetter Craft, Health Education and Preparedness Services Supervisor and David Howard, Health Director CONTACT(S): Diana Vetter Craft and David Howard SUBJECT: Adoption of Heart Health Awareness Month Proclamation BRIEF SUMMARY: One in three adult women has some form of cardiovascular disease, heart disease is responsible for one in five adult deaths, and, nearly one in six adults with high blood pressure does not know that they have this risk factor for heart and cardiovascular disease. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: Heart Health Awareness Month Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend adoption. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - February 7, 2022 ITEM: 3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS HEART HEALTH AWARENESS MONTH PROCLAMATION WHEREAS, the annual celebration of Heart Health Awareness Month began in 1963 to encourage all Americans to join the battle against heart and cardiovascular disease; and WHEREAS, protecting heart health encompasses all cardiovascular health including risk for strokes and other cardiovascular conditions; and WHEREAS, one in three adult women has some form of cardiovascular disease, and heart disease is responsible for 1 in 5 adult deaths; and WHEREAS, nearly 1 in 6 adults with high blood pressure does not know that they have this risk factor for heart and cardiovascular disease; and WHEREAS, 80% of strokes can be prevented by adopting healthy habits; and WHEREAS, February is also the American Heart Association's Go Red for Women campaign, because heart disease impacts women's lives as much as it impacts men's lives; and WHEREAS, National Wear Red Day for 2022 was celebrated on February 4, 2022; and WHEREAS, New Hanover County Health and Human Services is committed to reducing the risks and detrimental effects of heart and cardiovascular disease for all residents. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that February 2022 will be recognized as "Heart Health Awareness Month" in New Hanover County and that citizens are urged to join in this observance. ADOPTED this the 7t" day of February, 2022. 1►IILTAM:Ie\►[0911111a4ce mm Julia Olson-Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - February 7, 2022 ITEM: 3 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 2/7/2022 Consent DEPARTMENT: Tax PRESENTER(S): Allison Snell, Tax Administrator CONTACT(S): Trina Lewis, Collections Supervisor SUBJECT: Approval of Order for Advertisement of 2021 Unpaid Tax Liens on Real Property BRIEF SUMMARY: Per NCGS 105-369 (a) (b1), in February of each year, the tax collector must report to the governing body the total amount of unpaid taxes for the current fiscal year that are liens on real property. A county tax collector's report is due the first Monday in February. The governing body must order the tax collector to advertise the tax liens. The tax collector must send a notice to the record owner of the affected parcel at the last known address at least 30 days prior to the date of advertisement. The tax collector must publish each lien at least one time in one or more newspapers having general circulation in the taxing unit. Advertisements of tax liens shall be made during the period of March 1 through June 30. STRATEGIC PLAN ALIGNMENT: • Good Governance o Strong Financial Performance ■ Proactively manage the county budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the order for advertisement. ATTACHMENTS: 2021 Tax Lien Notice to Ad\,ertise COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - February 7, 2022 ITEM: 4 NEW HANOVER COUNTY TAX DEPARTMENT 230 Government Center Drive, Suite 190, Wilmington, NC 28403 P: (910) 798-7300 I F: (910) 798-7310 I NHCgov.com Allison Snell, Tax Administrator Order for Advertisement of 2021 Unpaid Tax Liens on Real Property As required by G.S. 105-369(a)and(bI) Advertisement of Unpaid Tax liens of Real Property It is hereby ordered that the Collector of Revenue provide the New Hanover County Board of Commissioners a total of all unpaid real property taxes for the 2021-2022 fiscal year. The Collector of Revenue will cause to have published once in a local newspaper all unpaid 2021 tax liens on real property during the period prescribed by law. The advertisement will combine the liens of the County of New Hanover, City of Wilmington, Town of Kure Beach, Town of Wrightsville Beach, Town of Carolina Beach and the Fire District taxes thereon this 7t' day of February, 2022. Real Property Taxes Unpaid for 2021-2022 New Hanover $6,644,137.67 Fire District $434,659.77 Debt Service $739,179.59 Wilmington $2,803,777.02 Wilmington MSD $17,299.06 Wrightsville Beach $125,832.59 Carolina Beach $313,743.85 Kure Beach $104,050.08 *YTD TOTAL $11,182,679.63 *YTD totals are from effective date 112512022 Julia Olson-Boseman, Chair Kymberleigh G. Crowell, Clerk to the Board Clerk Board of Commissioners - February 7, 2022 ITEM: 4 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 2/7/2022 Consent DEPARTMENT: Tax PRESENTER(S): Trina Lewis, Collections Supervisor CONTACT(S): Trina Lewis SUBJECT: Approval of December 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 December 2021 are behind overall collections for December 2020. The report for December 2020 in comparison to December 2021 is as follows: New Hanover County December 2021 December 2020 Real Property 81.90% 84.86% Personal Property 48.55% 50.22% Motor Vehicle 100.00% 100.00% Overall Collection Rate 80.30% 82.43% Total Collected YTD $162,634,119.82 $141,094,403.17 New Hanover County Debt Service December 2021 December 2020 Real Property 81.52% 84.61% Personal Property 48.18% 50.02% Motor Vehicle 100.00% 100.00% Overall Collection Rate 80.06% 82.20% Total Collected YTD $16,855,106.59 $18,555,591.32 Grand Total Collected YTD $179,489,226.41 $159,649,994.49 New Hanover County Fire District December 2021 December 2020 Real Property 85.78% 87.20% Personal Property 56.78% 61.37% Motor Vehicle 100.00% 100.00% Overall Collection Rate 84.13% 85.24% Total Collected YTD $10,896,108.51 $8,986,398.70 STRATEGIC PLAN ALIGNMENT: Board of Commissioners - February 7, 2022 ITEM: 5 • Good Governance o Strong Financial Performance ■ Proactively manage the county budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the reports. ATTACHMENTS: New Hanover County Monthly Collection Report for December 2021 New Hano\er County Debt Service Monthly Collection Report for December 2021 New Hano\er County Fire District Monthly Collection Report for December 2021 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - February 7, 2022 ITEM: 5 New Hanover County Monthly Collection Report for December 2021 Current Year 2021-2022 Scroll/Billed Abatements Adjustments Real Estate Personal Property Motor Vehicles Combined $ 185,039,737.25 $ (2,045,500.69) $ 53,921.23 $ 13,254,246.77 $ (122,874.05) $ 9,011.16 $ 6,273,997.05 $ $ $ 204,567,981.07 (2,168,374.74) 62,932.39 Total Taxes Charged Collections to Date *Refunds Write-off $ $ $ $ 183,048,157.79 150,773,032.43 849,462.92 (27.32) $ $ $ $ 13,140,383.88 6,391,553.18 11,919.76 (24.61) $ $ 6,273,997.05 6,273,997.05 $ $ $ $ 202,462,538.72 163,438,582.66 861,382.68 (51.93) Outstanding Balance $ 33,124,615.60 $ 6,760,775.07 $ - $ 39,885,286.81 Collection Percentage 81.90 48.55 100.00 80.30 YTD Interest Collected $ 4,284.00 $ (3,464.35) $ 56,100.19 $ 56,919.84 Total 2021-2022 Collections YTD 162,634,119.82 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) $ (141,063.05) $ - $ (143,077.85) Adjustments $ (2,315.87) $ 6.71 $ - $ (2,309.16) Total Levy $ 1,543,377.14 $ 4,789,647.35 $ 324,971.15 $ 6,657,995.64 Collections to Date $ 373,111.86 $ 98,268.32 $ 578.49 $ 471,958.67 *Refunds $ 18,486.29 $ 8,178.02 $ 19.34 $ 26,683.65 Write-off $ 39,035.37 $ 249,732.89 $ 79,591.51 $ 368,359.77 Outstanding Balance $ 1,149,716.20 $ 4,449,824.16 $ 244,820.49 $ 6,581,080.39 YTD Interest Collected $ 66,128.65 $ 16,765.42 $ 949.02 $ 83,843.09 Total Prior Year Collections YTD 529,118.11 Grand Total All Collections YTD $ 163,163,237.93 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - February 7, 2022 ITEM: 5 - 1 - 1 New Hanover County Debt Service Monthly Collection Report for December 2021 Current Year 2021-2022 Real Estate Personal Property Motor Vehicles Combined Scroll/Billed $ 19,176,018.34 $ 1,377,326.49 $ 732,611.49 $ 21,285,956.32 Abatements $ (211,963.95) $ (12,709.02) $ - $ (224,672.97) Adjustments $ 5,587.53 $ 933.76 $ - $ 6,521.29 Total Taxes Charged $ 18,969,641.92 $ 1,365,551.23 $ 732,611.49 $ 21,067,804.64 Collections to Date $ 15,477,284.79 $ 658,004.73 $ 732,611.49 $ 16,867,901.01 *Refunds $ 12,656.23 $ 138.19 $ 12,794.42 Write-off $ 3.92 $ 1.75 $ 5.67 Outstanding Balance $ 3,505,009.44 $ 707,682.94 $ - $ 4,199,909.30 Collection Percentage 81.52 48.18 100.00 80.06 YTD Interest Collected $ 569.87 $ (95.96)1 $ 7,077.86 Total 2021-2022 Collections YTD $ 16,855,106.59 Prior Years 2011-2020 Real Estate Personal Property Motor Vehicles Combined Scroll $ 163,392.17 $ 366,992.88 $ $ 530,385.05 Abatements $ (27.18) $ (13,740.36) $ (13,767.54) Adjustments $ (302.89) $ 0.88 $ (302.01) Total Levy $ 163,062.10 $ 353,253.40 $ $ 516,315.50 Collections to Date $ 42,233.89 $ 10,757.50 $ $ 52,991.39 *Refunds $ 130.93 $ 578.57 $ $ 709.50 Write-off $ 3.97 $ 2.21 $ $ 6.18 Outstanding Balance 1 $ 120,955.17 $ 343,072.26 $ $ 464,039.79 YTD Interest Collected $ 5,719.06 $ 1,383.30 $ $ 7,102.36 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 $ 59,384.25 Board of Commissioners - February 7, 2022 ITEM: 5 - 2 - 1 New Hanover County Fire District Monthly Collection Report for December 2021 Current Year 2021-2022 Scroll/Billed Abatements Adjustments Real Estate Personal Property Motor Vehicles Combined $ 11,533,123.75 $ (67,654.17) $ 7,352.22 $ 986,837.53 $ (10,780.23) $ 517.00 $ 495,745.90 $ $ $ 13,015,707.18 (78,434.40) 7,869.22 Total Taxes Charged Collections to Date *Refunds Write-off $ $ $ $ 11,472,821.80 9,851,340.00 10,347.04 2.23 $ $ $ $ 976,574.30 554,657.42 139.76 1.00 $ $ 495,745.90 495,745.90 $ $ $ $ 12,945,142.00 10,901,743.32 10,486.80 3.23 Outstanding Balance $ 1,631,826.61 $ 422,055.64 $ - $ 2,053,888.71 Collection Percentage 85.78 56.78 100.00 84.13 YTD Interest Collected $ 682.62 $ - $ 4,169.37 $ 4,851.99 Total 2021-2022 Collections YTD 10, 896,108.51 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 $ - $ (606.57) $ - $ (606.57) Total Levy $ 95,001.77 $ 259,102.06 $ 19,675.71 $ 373,779.54 Collections to Date $ 20,742.16 $ 13,260.91 $ 45.14 $ 34,048.21 *Refunds $ 31.61 $ 506.80 $ - $ 538.41 Write-off $ 1,287.66 $ 14,598.67 $ 4,657.39 $ 20,543.72 Outstanding Balance $ 73,003.56 $ 231,749.28 $ 14,973.18 $ 360,813.46 YTD Interest Collected $ 4,194.37 $ 971.82 $ 48.39 $ 5,214.58 Total Prior Year Collections YTD 39,262.79 Grand Total All Collections YTD $ 10,935,371.30 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - February 7, 2022 ITEM: 5 - 3 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 2/7/2022 Regular DEPARTMENT: County Manager PRESENTER(S): Wanda Copley, County Attorney CONTACT(S): Wanda Copley SUBJECT: Consideration of a Resolution Honoring Judge W. Allen Cobb Jr. for His Career of Service on the Bench and in His Community BRIEF SUMMARY: Judge W. Allen Cobb Jr. retired September 1, 2016 after more than 25 years as a judge, at the time being the senior superior court judge in his division. Judge Cobb will be honored February 10, 2022, as his portrait is hung in Courtroom 403 in the Judicial Annex, and as he receives the Order of the Long Leaf Pine in recognition of his decades of public service. STRATEGIC PLAN ALIGNMENT: • Good Governance o Effective County Management ■ Deliver quality service at the right time RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resolution. ATTACHMENTS: Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend adoption. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - February 7, 2022 ITEM: 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION HONORING JUDGE W. ALLEN COBB JR. WHEREAS, W. Allen Cobb Jr. was born and raised in Wrightsville Beach, and attended New Hanover County public schools; and WHEREAS, Judge Cobb received his undergraduate degree from the University of North Carolina at Chapel Hill in 1974, and his Juris Doctorate from the North Carolina Central University School of Law in 1978; and WHEREAS, Judge Cobb was elected as a District Court judge in 1990, after 12 years of private practice; and WHEREAS, Governor Jim Hunt appointed Judge Cobb to serve as a Resident Superior Court Judge in 1993, and he was subsequently re-elected three times; and WHEREAS, Judge Cobb became the Senior Resident Superior Court Judge in 2007; and WHEREAS, Judge Cobb held several offices of legal distinction, including President of the North Carolina Conference of Superior Court Judges, Vice President of the North Carolina Bar Association, and currently as the North Carolina State Bar Councilor for the Sixth Judicial District; and WHEREAS, Judge Cobb presided over hundreds of jury trials and thousands of non -jury matters, including complex civil matters, medical negligence cases, capital murder trials, serious felonies, and misdemeanor appeals; and WHEREAS, Judge Cobb's office was located in the William Allen Cobb Judicial Annex in New Hanover County, which is named in honor of his father; and WHEREAS, Judge Cobb has been active in his community, serving as President of the Cape Fear Council, Boy Scouts of America; as President of the North Carolina Azalea Festival; as Trustee of Cape Fear Community College; and on the boards of UNC Chapel Hill General Alumni Association, UNC Chapel Hill Board of Visitors, UNC Wilmington Board of Visitors, and UNC Chapel Hill Morehead -Cain Foundation Scholars Program regional committee; and WHEREAS, Judge Cobb retired September 1, 2016 after more than 25 years as a judge, and having the most seniority of any superior court judge in his division; and WHEREAS, Judge Cobb will be honored February 10, 2022, as his portrait is hung in Courtroom 403 in the Judicial Annex, and as he receives the Order of the Long Leaf Pine in recognition of his decades of public service. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners honors Judge W. Allen Cobb for his decades of outstanding service in the legal and judicial profession, and to his community. ADOPTED this the 7t" day of February, 2022. NEW HANOVER COUNTY Julia Olson-Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - February 7, 2022 ITEM: 6 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 2/7/2022 Regular DEPARTMENT: Environmental Management PRESENTER(S): Joe Suleyman, Environmental Management Director CONTACT(S): Joe Suleyman SUBJECT: Consideration of Contract for ES&J Enterprises, Inc. BRIEF SUMMARY: After receiving sealed bids October 5, 2021 for the Partial Closure of Cells 7/8A at the New Hanover County Landfill, ES&J was selected as the apparent low bidder. The original bids exceeded the amount budgeted for the project, so after value engineering and negotiations with ES&J, Scope Modification #1 was finalized and reviewed by the Engineer of Record. The project scope was modified to incorporate a temporary closure versus a permanent closure. This change affects the type of liner system used (20 mil instead of 40 mil) and eliminates the 24" protective cover layer typical of permanent closure designs. Long term, this scope change will benefit the county, as the affected closure system will eventually be removed to tie in to the northern property closure systems. In the short term, the temporary closure will generate additional storm water to manage. The modified bid price is $2,815,459.80 and incorporates 8.57 acres of temporary closure for portions of Cells 7 and 8A. Funds for this project will come from the Environmental Management Enterprise Fund. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend approval of a contract with ES&J Enterprises, Inc. ATTACHMENTS: Cells 7/8A Scope Modification Price Reuew Letter Bid Tabulation Cells 7 and 8A Engineers Bidder Evaluation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - February 7, 2022 ITEM: 7 Environmental Consulting & Contracting January 24, 2022 File No. 09218086.11 Mr. Joe Suleyman 3002 US Highway 421 North Wilmington, NC 28401 Subject: Scope of Work Modification Pricing Review Cells 7&8A Partial Closure Phase 1 New Hanover County, NC Bid No. 21-0429 Dear Mr. Suleyman: SCS Engineers, PC, (SCS) reviewed the revised construction prices provided by contractor ES&J Enterprises Inc. as negotiated in good faith following the modification to the Scope of Work (Scope Mod. No.1) of the New Hanover County Cells 7&8A Partial Closure Phase 1 project. Background The Cells 7&8A Partial Closure Phase 1 project bids opened on November 17th 2021 and were subsequently reviewed by SCS. In our review, we found ES&J Enterprises, Inc. to be the lowest responsive, responsible, bidder. The total price of the original bid from ES&J exceeded the budgeted amount available for the project. SCS reviewed value -engineering options with the County that would allow the project to still reach its goals, while reducing the construction cost for the project. To reduce the cost, the County asked SCS to replace the area of the landfill proposed to have a final closure system with a temporary closure system. SCS notified ES&J of this scope of work modification due to budget constraints and requested a good faith negotiation to reduce the cost. ES&J agreed and SCS moved forward with Scope Mod. No.1. SCS Evaluation ES&J provided the enclosed pricing for Scope Mod. No.1. SCS reviewed the pricing for the modified scope of work provided by ES&J, concurring that the sums noted on their pricing form are appropriately computed. Based on this and our previous recommendation following the original bid opening, SCS would propose to award the contract, as modified by Scope Mod. No.1, to ES&J Enterprises, Inc. Board of Commissioners - February 7, 2022 ITEM: 7 - 1 - 1 Mr. Joe Suleyman January 24, 2022 Page 2 Please feel free to call if you have questions or require additional information. Sincerely, Ian Spurlock, P.E. Senior Project Professional SCS Engineers, PC cc: Sam Hawes, New Hanover County Kim Roane, New Hanover County Encl. ES&J Scope Mod. No.1 Pricing Form Albert Glenn, P.E. Project Director SCS Engineers, PC Board of Commissioners - February 7, 2022 ITEM: 7 - 1 - 2 ATTACHMENT A ESU Scope Mod. No.1 Pricing Form Board of Commissioners - February 7, 2022 ITEM: 7 - 1 - 3 ENTERPRISES, 1555 Holland Road Au tryV illey NC 2831 8 (910)567-6138 / (910)567-2891 fax DBE, WBE, HUB Certified NC License # 28994 sandyc@esandj.com January 20, 2022 Ian Spurlock, P.E. Senior Project Professional SCS EngineersfSCS Engineers PC 3801 Lake Boone Trail #410 Raleigh, NC 27607 Re: New Hanover County Secure Landfill Cells WA Partial Closure Phase I SCOPE Modification #1 Mr. Spurlock, Regarding the pricing of Change Order 0 per your instructions the, following applies: E. I Intermediate Cover unit pricing increased due to estimated quantity. Said estimated quantity was decreased approximately 50%. F.120 Mil unit price increase due to SCS Engineers revisions that ES&J in -turn forwarded to Hallaton for revised pricing, ES&Jincluded Hallaton's mobilization in the main liner system that was deleted, Thus ES&J had to build back Hallaton's mobilization in this line item. F2 Geosynthetic Ballast Material unit price increase due to SCS Engineers revisions that ES&J in -turn forwarded to Hallaton for revised pricing. ES&Jmarkup l5%. F.3 UV Resistant Sandbags unit price increase due to SCS Engineers revisions that ES&J in - turn forwarded to Hallaton for revised pricing. ES&J markup 15%. F.4 Temporary Closure Vent unit price increase due to SCS Engineers revisions that ES&J in -turn forwarded to Hallaton for revised pricing, ES&Jmarkup 15%. Board of Commissioners - February 7, 2022 ITEM: 7 - 1 - 4 F." GFFR at Culvert Outlets unit price increase due to SCS Engineers revisions that ES&J in -turn forwarded to Hallaton for revised pricing. ES&J markup 15%. ,F.B Additional UV Resistant Sandbags unit price increase due to SCS Engineers revisions that ES&J in -turn forwarded to Hallaton for revised pricing. ES&J markup 15%. G.I Seed and Mulch unit price increase due to SCS Engineers revisions that ES&J in -turn forwarded to our seeding subcontractor for revised pricing. With deletion of Sod, said seeding subcontractor increased seed/mulch pricing. H.1-23 Landfill Gas Expansion section, all unit price increases clue to SCS Engineers revisions tliat ES&J in -tuna forwarded to APTIMfor revised pricing. ES&J markup 15%. Sincerely, ES&JEnterprises, Inc. Sandra C Carroll -Williams President cc: Kim Roane, NHC Joe Suleyman, NHC Sam Hawes, NHC Board of Commissioners - February 7, 2022 ITEM: 7 - 1 - 5 SECTION 00300 BID FORM Proposal For NEW HANOVER COUNTY CONSTRUCTION OF CELLS 7&8A PARTIAL CLOSURE PHASE l RFB # 21-0429 Submitted:: New Hanover County Department of Environmental Management 3002 Highway 421 North Wilmington, North Carolina 28401 Sir or Madam: i—ZD — ,2072- The undersigned, as Bidder, hereby declares that the only person or persons interested in the Proposal, as principal or principals, is or are named herein and that no other person than herein mentioned has any interest in the Proposal of the Contract to which the WORK pertains; that this Proposal is made without connection or arrangement with any other person, company, or parties making a bid or proposal and that the Proposal is in all respects fair and made in good faith without collusion or fraud. The Bidder further declares that he has examined the site of the WORK and that from personal knowledge and experience, or that he has made sufficient test holes and/or other subsurface investigations to fully satisfy himself that such site is a correct and suitable one for this WORK and he assumes full responsibility therefore; that he has examined the Drawings and Specifications for the WORK and from his own experience or from professional advice that the Drawings and Specifications are sufficient for the WORK be done and he has examined the other Contract Documents and all addenda relating thereto, and that he has satisfied himself fully, relative to all matters and conditions with respect to the WORK to which this Proposal pertains. The Bidder proposes and agrees, if this Proposal is accepted, to contract with New Hanover County Board of County Commissioners (OWNER) in the form of Contract specified, to furnish all necessary materials, equipment, machinery, tools, apparatus, transportation, and labor and to perform the WORK specified in the Proposal and other Contract Documents. The Bidder further proposes and agrees to comply in all respects with the time limits for commencement and completion of the WORK within the days stated below and as stated in the Contract Form. New Hanover County Secure Landfill Cells 7&8A Partial Closure Phase 1 00300 - 1 Bid Form Scope Mod. No.1 - 1/12122 34k1y -2021 Board of Commissioners - February 7, 2022 ITEM: 7 - 1 - 6 _Substantial Completion Final Item of Projeet from NTP Cm letion Cells 7&8A Partial Closure Phase 1 4 50180 days 30 Additional days The Bidder further agrees that the deductions for liquidated damages, as stated in the Contract Form, constitute fixed, agreed, and liquidated damages to reimburse the OWNER for additional costs to the OWNER resulting from the WORK not being completed to substantial completion within the time limit stated in the Contract Form. The Bidder further agrees to execute a Contract and furnish satisfactory Performance and Payment Bonds, each in the amount of one hundred percent of the Contract price, and the required Certificates of Insurance, within ten consecutive calendar days after written notice being given by the OWNER of the award of the Contract, and the undersigned agrees that in case of failure on his part to execute the said Contract and Performance and Payment Bonds within the ten consecutive calendar days after the award of the Contract, the bid guarantee accompanying his bid and the money payable thereon shall be paid to the OWNER as liquidation of damages sustained by the OWNER; otherwise, the bid guarantee shall be returned to the undersigned after the Contract is signed and the Performance and Payment Bonds are filed_ The undersigned agrees to accept in full compensation therefor the total of the lump sum prices and extended unit prices items named in the following schedule (estimating worksheet). It is understood that the unit prices quoted or established for a particular item are to be used for computing the amount to be paid to the Contractor, based on the quantities actually constructed as determined by the applicable measurement and payment portion of these specifications. Bidder's General Contractors License Nojjq .t%` Bidder's Utilities License No. jggq* End-erpr;se5 Y,c, Name of Bidder and/or Representative New Hanover County Secure Landfill Cells 7&8A Partial Closure Phase 1 00300 - 2 Bid Form Scope Mod. No.1- 1/12/22 "u'• Board of Commissioners - February 7, 2022 ITEM: 7 - 1 - 7 1. BASE BID PROPOSAL: The undersigned as BIDDER, hereby declares that the only person or persons interested in the Bid as Principal or Principals is, or are, named herein and that no other person that is herein mentioned has any interest in this Bid or in the Contract to be entered into; that this Bid is made without connection with any other person, company or parties to make a bid or proposal; and that it is in all respects fair and in good faith, without collusion or fraud. Having become completely familiar with the local conditions affecting the cost of the WORD at the place where the WORK is to be executed, and having carefully examined the site conditions as they currently exist, and having carefully examined Bidding and Contract Documents prepared by: SCS Engineers, PC and titled CELLS 7&SA PARTIAL CLOSURE PHASE 1 dated July 8 2021, together with any Addenda to such Bidding Documents as listed hereinafter, the undersigned hereby proposes and agrees to provide all labor, materials, plant, equipment, transportation and other facilities as necessary, but which may not be separately itemized and to execute all of the WORK described by the aforesaid Bidding and Contract Documents for the lump sum consideration of: Words Dollars $ 1, T-7e gQ , said amount being hereinafter referred to as the Base Bid or Base Bid Proposal. 2. Each BIDDER shall fill out and complete the Estimating Worksheet in this Section and submit the appropriate number of copies as part of the Bid. The purpose of the Worksheet is to give each BIDDER the approximate magnitude of the WORK required and a basis for uniform comparison of Bids. OWNER does not express, imply or guarantee that the actual amount of WORK to be accomplished will correspond to the quantities given, if any. The BIDDERS must assume that the quantities, if indicated, are not accurate and therefore, the BIDDERS must satisfy themselves by personal examination of the location of WORK; estimate the quantity of the WORK based on the Bid Drawings, Specifications, and any Addendum, thereafter; and by such other means as they may choose, as to the actual conditions and requirements of the WORK and the accuracy of the estimate of the ENGINEER. The BIDDER shall not, at any time after the submission of Bid, dispute any such statement or estimate of the ENGINEER nor assert that there has been any misunderstanding in regard to the nature or amount of the WORD to be done. The BIDDER may modify the quantities given in the Worksheet if required. Quantities, if listed on the Worksheet are for in -place materials and do not account for settlement, waste, overlaps, volume changes or unusable portions of the materials or products installed. Each section contains a miscellaneous item for BIDDERS to add any cost for New Hanover County Secure Landfill Cells 7&8A Partial Closure Phase 1 00 300 - 3 Bid Form Scope Mad. No.1-1112f22 y 202; Board of Commissioners - February 7, 2022 ITEM: 7 - 1 - 8 C-S4-�5 work items not identified on the worksheets, but required by the Contract Documents and Plans, This Contract includes both LUMP SUM BID ITEMS and UNIT PRICE WORD. The BIDDER is to include all costs the BIDDER may anticipate during the length of this project and the contract. Each BIDDER shall also add any extras or deductions from the ENGINEER's estimate that the BIDDER may determine necessary to provide the quantity and quality of WORK required by the Bid Drawings, Specifications, and any Addenda. Any increase or decrease in the quantities listed in the Worksheet and shown on the Drawing, for any item, shall not be regarded as sufficient grounds for an increase or decrease in the price of that item, nor total price of the Contract, nor in the time allowed for the completion of the WORD, except as provided in the Contract Documents. The OWNER reserves the right to delete portions of the WORK, or add to the WORD, as OWNER deems necessary and shall have the right to use the BIDDER's unit prices in these Bid Schedules as a basis of negotiation if a change in the quantity of WORD occurs. TRENCH SAFETY COMPLIANCE 1. The bidder acknowledges the existence of North Carolina trench safety standards and the requirements established therein. 2. The bidder farther acknowledges that the standards follow the Federal excavation safety standards set forth at 29 CFR Part 1926, Subpart P. 3. The bidder will comply with all applicable trench safety standards, during all phases of the WORK, if awarded the contract, and will ensure that all subcontractors also comply with the Act. 4. The bidder will consider the geotechnical information available from the OWNER, from its own sources, and all other relevant information in its design of the trench safety system it will employ on the subject project. The bidder acknowledges that the OWNER. is not obligated to provide such information, that he is not to rely solely on such information if provided, and that he is solely responsible for the selection of the data on which he relies in designing said safety system, as well as for the system itself 5. The bidder acknowledges that included in the Total Price in the Bid Form are costs for complying with the trench safety standards that are in effect as of the date of award of this agreement. The undersigned further identifies the costs to be $10.00. 6. The amount in Item A.9 herein includes the following Trench Safety Compliance Methods and the units of each safety measure. New Hanover County Secure Landfill Cells 7&8A Partial Closure Phase 1 00300 - 4 Bid Form Scope Mod. N©.1-1/12/22 r. Board of Commissioners - February 7, 2022 ITEM: 7 - 1 - 9 Trench Safety Unit Estimated Unit Extended Com liance Method LF uanti Cost Cost A. B. C. D. 7_ Acceptance of the bid to which this certification and disclosure applies in no way represents that the OWNER or its representatives have evaluated or determined that the above costs are adequate to comply with the applicable trench safety requirements, nor does it in any way relieve the undersigned of his sole responsibility for complying with all applicable safety requirements. New Hanover County secure Landfill Bid Form Cells 7&8A Partial Closure Phase 1 00300 - 5 Scope Mud. No.1- 1/12/22 345, 2021 Board of Commissioners - February 7, 2022 ITEM: 7 - 1 - 10 C''S 4 ESTIMATING WORKSHEET A. GENERAL ESTIMATE UNIT NO. DESCRIPTION UANTITY UNITS PRICE TOTAL I Mobilization I LS 1 M0000 $9,000.00 $20,000.00 $1.7,000.00 $35,000.00 $22 000.00 2 Demobilization 1 LS $20,000,00 3 Contractor's Field Office 1 LS $17,000.00 4 Engineer's Field Office 1 LS $35,000.00 5 Insurance 1 LS $22,000.00 6 Bonds 1 LS $65,000.00 $65,000.00 7 Administration I LS $I1,000.00 I100p.00 $10 8 Indemnification 1 LS $10 9 Trench Safe 1 LS $10 $10 l0 Aerial Photos I LS $12,000.000 $12,pp0.00 $35,000.00 11 Miscellaneous 1 LS $35,000.00 Subtotal A: $226,020,00 B. SURVEY ANTI DFPTA r-uVrrrc ESTIMATE UNIT NO. DESCRIPTION QUANTITY UNITS PRICE TOTAL 1 Existing Conditions Survey I LS $20,000.00 $20,000.00 -- Ls -- Top of Intermediate Cover — 3-2 Survey$20,000.00 1 LS $20,000.00 $29,000.00 43 Top of Liner Survey 1 LS $29,000.00 4- ES 4 Final/Record Survey 1 LS $20,000.00 $20,000.00 -7 1 GFadinff Plan T LS -- -- Subtotal B: $89,000.00 C. TEMPORARY EROSION AND SEDIMENTATION CONTROL ESTIMATE UNIT NO. DESCRIPTION QUANTITY UNITS PRICE TOTAL 1 Installing Controls 1 LS $25,000.00 $25,000.0 2 Maintaining Controls 1 LS $2,500.00 3 Removing Controls 1 LS $10.000.00 ] 0 fine 0 Subtotal C: $37,500.00 New Hanover County Secure Landfill Bid Form Cells 7&8A Martial Closure Phase 1 00300 - 6 Scope Mod. No.1- 1/12/22 Board of Commissioners - February 7, 2022 ITEM: 7 - 1 - 11 6-S45 A nWu 0j_I7?G'n40VAi AND S-rn7T1T ING a�rr z v�-� -rr� 7�Tl� DESCRIPTION EST- ATy 4- Muleh Removi?A 4- 4- L-S -- Subtotal D. ED. FINAL CI.00ITRF. ESTIMATE NO. DESCRIPTION QUANTITY UNITS UNIT PRICE TOTAL 4 40 ffli r t )PE n-- - E -- 29 08a -S-y- -- _ 31 24" Downchute Pipes 400 LF $270.00 $10_8,000.00 42 12" Downchute Pipes 4�0200 LF $80.00 $16,000.00 Trenching, 24-inch pipe in waste and backfill Intermediate Cover 3 Material, fittings and liner boots — 400 LF $25.00 $10,000.00 for inlets Trenching 12-inch pipe in waste and backfill Intermediate Cover 4 Material, fitting and liner boot for — 200 LF $20.00 $4,000.00 inlet s Dwwfl hate r, t t Str-uetufes- 6 £A-- 6 } _ 5 Bollards & Edge of Liner Markers 1 LS $47,800.00 $47,800.00 L VDFaifl-O nt Op H d T +w�.y y..-ar.a—rvc 9 i'-A -- -- Subtotal E: $185,800.00 FE. OFFSITE S01t.- DV1,1V-VRY AND PT.A!"FM1'1v-r ESTIMATE NO. DESCRIPTION QUANTITY UNITS UNIT PRICE TOTAL Intermediate Cover Material 1 (F4nal-aFA-Temporary Closure �87,875 CY $25.00 $196,875.00 Areas -2 Pr-eteeiiye o .nor + 1 a- - 42 Excavate and Haul Existing _ Intermediate Cover 10,000 CY $5.00 $50,000.00 New Hanover County Secure Landfill Cells 7&8A Partial Closure Phase 1 00300 - 7 Subtotal F; $246,875.00 Bid Form Scope Mod. No.1-1112/22 r, Board of Commissioners - February 7, 2022 ITEM: 7 - 1 - 12 GF. TF.MPORARV rir.n.c7rur ESTIMATE NO. DESCRIPTION QUANTITY UNITS UNIT PRICE TOTAL 1 20 Mil Scrim Reinforced Rain Tarp 7wl,500 SY $6.90 $286 350.00 2 Geos nthetic Ballast Material 4,-WO36,375 SY $3.50 $1272312.50 3 UV Resistant Sandbags and Seatbelt Webbing1 LS $23 500.00 $23 500.00 4 TemPorn Closure Vent 27-7 EA $633.00 $17,091.00 5 Dual 12" HDPE Culverts 3 EA 18 850.00 $56_ 5, 50.00 I L-9 26—A GFFR at Culvert Outlets 3 EA $4 425.00 $13,275.00 6B GFFR Outfall for ExistinjjFES 3 _ EA 4 425 0 $13,275.00 17 Geocom osite for Temporary — Closure Vents 4t7s SY $20.3 5 $97,171.25 S Additional UV Resistant Sandbags and Seatbelt Webbin t=S $52,000.00 $52,000.00 HDPE Batten Bar Connections to Concrete Structures and 9 1 LS $8,000.00 $8,000.00 Knee Wall Subtotal G: 694,524.75 14G. ADDITION A T . rT-F>t rc ESTIMATE NO. DESCRIPTION QUANTITY UNITS UNIT PRICE TOTAL 4- sed 21 Seed and Mulch 3.0 AC $5 000.00 $15 000.00 3.2 Waste Relocation 3,000 CY L10 $30,000.00 43 Leachate Seep Trench 500 LF $50.00 $25,000.00 Remove and Replace Existing Litter Fence 1 LS $60t000.04 $60A00.00 62 000.00 65 Temporary Litter Fence 1 LS 62 500.00 �6 Regrading Existing Gravel Haul — Road 1 LS 41000.00 $41,000.00 Packaged 200 KW Diesel 87 Fueled EnL7ine Standb-v 1 LS Electrici& Generator $ 185.500.00 $185� 5500_00 Subtotal H: $419,000.00 IH. LANDFILL GAS EXPANSION ESTIMATE NO. DESCRIPTION QUANTITY UNITS UNIT PRICE TOTAL 1 6-inch Diameter HDPE SDR-17 ��1665 LF Pipe and Fittings $28.75 $47,868.75 2 12-inch Diameter HDPE SDR-26 330 LF 65.55 $21,63 ] .50 New Hanover County Secure Landfill Bid Form Cells 7&8A Partial Closure Phase 1 00300 - 8 Scope Mod. No.1 - 1/12/22 Ady2021 Board of Commissioners - February 7, 2022 ITEM: 7 -1 - 13 Pipe and Fittings 3 24-inch Diameter HDPE SDR-26 Pipe and Fittings 4g89131 C, LF 5124.20 $162,702.00 4 30-inch Diameter HDPE SDR-26 Pipe and Fittings 90 LF $333.50 $30,015.00 5 12-inch Pipe Blind Flange Assembly I EA $1.520.00 $1 520.00 6 24-inch Pipe Blind Flange Assembly 2 EA 5 1 10.00 510,220.00 7 30-inch Pipe Blind Flange Assembly I EA 10,300.00 $10.300.00 8A 2-inch Diameter SDR-9 Air Pipe and Fittings4300[? LF $4.60 $13 800.00 Trenchintr 2-inch Pipe in Waste 8B and Backfill with Clean Soil Imported from Offsite by the 1 '6' LF $25.30 $34,635.70 Contractor 4-inch (SDR-1 I) by 8-inch 9A (SDR-17) Dual Containment 44"1540 LF J3335 $51,359.00 Forcemain Pipe and Fittings Trenching 4-inch by 8-inch Dual Containment Forcemain Pipe in 9B Waste and Backfill with Clean 10 LF $69.00 $690.00 Soil Imported from Offsite by the Contractor 3-inch (SDR-11) by 6-inch 10A (SDR-17) Dual Containment 244 LF $31.25 $7,625.00 Forcemain Pipe and Fittings Trenching 3-inch b 6-inch Dual Containment „Forcemain Pipe in 1 OB Waste and Backfill with Clean 30 Ll= Soil Imported from Offsite by the $51 75 $1,552.50 Contractor 11A 4-inch (SDR-11) Single Wall Forcemain Pipe and Fittings [. 76 LF $6.90 $1,214.40 Trenching 4-inch Pipe in Waste 11 B and Backfill with Clean Soil Imported from Offsite by the ° LF $32.20 $5,667.20 Contractor 12A 3-inch (SDR-11) Single Wall Forcemain Pipe and Fittings A 1040 LF $5.75 $t 980.00 Trenching 3-inch Pipe in Waste 12B and Backfill with Clean Soil 1040 LF Imported from Offsite by the $26.30 $27,352.00 New Hanover County Secure Landfill Bid Form Cells 7&8A Partial Closure Phase 1 00300 - 9 Scope Mod. No.l-1/12/22 T• Board of Commissioners - February 7, 2022 ITEM: 7 - 1 - 14 Contractor 13 Corrugated Metal Pipe for Pipe Road Crossing 41I125 LF $161.00 $20.125,00 14 Dual Containment Forcemain Pipe Cleanout 3 EA $7,130.00 $21,390.00 _— Vertical LFG Extraction Well; 15 includes Drilling, Soil Benching, 168 VLF $210.00 $35,280sQ0 Well Pipe, Grate, and Aggregate 16 LFG Extraction Well Capping System Penetration 7 EA $300.00 $2,100.00 17 12-inch Landfill Gas Valve Assembly 2 EA $7,$20.00 $15,64Q.00 1 30-inch Landfill Gas Valve 's Ass._..,.__ embiy _ '� $55,876.00 $111,752.00 I,s1 2-inch Air Blow -off &Isolation 3 Valve Assembly EA $600.00 $1 z800.00 44120 4-inch Forcemain Isolation Valve Assembly (Dual Containment) 3 EA $1 2� 5� $3750.00 20211 Condensate Sump including Pneumatic Pump 4� EA $59,720,00 — $209,1.60.00 LFG Vertical Extraction Well Wellhead and Pneumatic Pump; I22 includes Dual Extraction Well 7 EA $6,730.00 $47,110.00 Cap, Hosing, Fittings, and Connection to Collection Piping Leachate Cleanout Remote Wellhead; includes Wellhead and 4 Cleanout Tie-in and Connection EA $3,625.QQ $14.500.OQ to Collection Piping SubtotalIH: $916,740.05 Total Bid (A Through 1=H): $2,815,459.80 Note: The Bid comparisons for selection of CONTRACTOR will be determined by total of Base Bid items A-M. New Hanover County Secure Landfill Cells 7&8A Partial Closure Phase 1 00300 - 10 Bid Form Scope Mod. ltio.1 - 1/12/22 july 2021 Board of Commissioners - February 7, 2022 ITEM: 7 - 1 - 15 Acknowledgement is hereby made of the following Addenda received since issuance of Plans and Specifications: Addendum No. Dated: Addendum No. Dated Addendum No. Dated: Addendum No. Addendum No. Dated: Addendum No. Addendum No. Dated: Addendum No. Addendum No. Dated: Addendum No, Dated: Dated: Dated: Dated: Attached hereto is a cashier's check on the Bank of or Bid Bond for the sum of Dollars(.. ), made ;payable to New Hanover County, North Carolina. L.S. (Name of Bidder) (Affix Seal) ,.� L.S.>1 (Signature of Officer) ��s.'j�. Sc C. viceL.S. (Title of Officer) Address: rl-56.5 40 0c,"d Pcf. City: q j k4 v',- 11, State: &kl The full names and residences of persons and firms interested in the foregoing bid, as principals, are as follows: Name of the executive who will give personal attention to the WORK: Attach list of subcontractors as required by Article I I A.0 of Instruction to Bidders. New Hanover County Secure Landfill Bid Form Cells 7&8A Partial CIosure Phase 1 00300 - 11 Scope Mod. No.l-1/12/22 T. Board of Commissioners - February 7, 2022 ITEM: 7 - 1 - 16 2 � k lz .8@ § |o x ■gm E § � M - 2 � \ 3 k � � & e §a » ƒ ƒ £�� ` z s_� \$2 z )22 q�t ¢ #.. . . . in 2 � c. :2 f a 2cc� k k : m :2 ���� ■ � � E 3 k � $ z I 2 \ a � Board of Commissioners - Feb%a2 f 2022 ITEM: 7-2-] Environmental Consulting & Contracting November 29, 2021 File No. 09218086.11 Mr. Joe Suleyman 3002 US Highway 421 North Wilmington, NC 28401 Subject: Bidder Qualification Review Cells 7&8A Partial Closure Phase 1 New Hanover County, NC Bid No. 21-0429 Dear Mr. Suleyman: SCS Engineers, PC, (SCS) reviewed the accepted bids for New Hanover County Cells 7&8A Partial Closure Phase 1 in order to determine if the bidders demonstrated that they possess the required experience to bid on this project. Background Section 00100 INSTRUCTIONS TO BIDDERS ARTICLE 3 of the bid documents defines the qualifications of bidders as: 3.1 Bidders must be licensed contractors in the State of North Carolina at the time proposals are submitted. 3.2 Bidders shall have successfully completed a minimum of 10.0 acres of Subtitle C or D landfill cell construction or landfill closure projects, including the installation of liner and piping components, within the last 5 years from the date of this bid advertisement. Bidders are to provide a list of references that will be contacted concerning the noted, experience, quality of WORK, timeliness of completion of project(s), and efficiency of administrative processes. 3.3 To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit, following receipt of written request by COUNTY, information including, but not limited to, financial data, previous experience including references for similar projects and evidence of authority to conduct business in the jurisdiction where the Project is located. This information must be received by COUNTY within ten days of Bidder receiving the written request. Submittals requested pursuant to this paragraph are in addition to those required elsewhere. Additionally, note that all bidders must be registered through the New Hanover County Attorney's Office. 3.4 The Bidder must include in the bid submittal documentation from the major material suppliers (liners, geocomposites, textiles, pipe, structures, etc) that the prime or sub -contractor responsible for paying the supplier for the material is not in arrears on payments for purchases of materials on other projects. Board of Commissioners - February 7, 2022 ITEM: 7 - 3 - 1 Mr. Joe Suleyman November 29, 2021 Page 2 SCS Evaluation SCS's evaluation began with our review of the bids from the two lowest bidders, SR&R Environmental (SR&R) and ES&J Enterprises, Inc. (ES&J). SCS's review of SR&R bid found them to be non- responsive. SR&R did not supply the required information for experience as noted in Section 00100 Article 3 Paragraph 3.2 as referenced above. None of the references listed by SR&R responded to our calls or emails. SCS reviewed the bid from ES&J and contacted the references listed by the firm. ES&J received three positive references. ES&J submitted letters from both Hallaton Environmental Linings and Lee Supply Co. Inc stating that they are not in arrears on payments. SCS then reviewed the Bid Forms for both contractors for accuracy and completeness. SR&R's Base Bid Proposal Line Item 1.16 was improperly calculated leading to an error of $0.70. ES&J's Base Bid Price matches the Total Base Bid and the Line Item calculations are correct. Based on the information provided, ES&J Enterprises, Inc. is the lowest, responsive, responsible bidder and therefore the apparent low bidder. SCS concurs that the sums noted on their bid form are appropriately computed. Based on this information, SCS would propose to award the contract to ES&J Enterprises, Inc. Please feel free to call if you have questions or require additional information. Sincerely, Ian Spurlock, P.E. Andres Velosa Senior Project Professional Staff Professional SCS Engineers, PC SCS Engineers, PC cc: Sam Hawes, New Hanover County Kim Roane, New Hanover County Encl. Bid Comparison: Cells 7&8A Partial Closure Phase 1 Board of Commissioners - February 7, 2022 ITEM: 7 - 3 - 2 ATTACHMENT A Bid Comparison: Cells MA Partial Closure Phase 1 Board of Commissioners - February 7, 2022 ITEM: 7 - 3 - 3 Bid Comparison: Cells 7-8A Partial Closure Phase 1 Estimated Units A. General _ Quantity Unit Price Total Unit Price Total 1 Mobilization 1 LS $9,000.00 $9,C)00.ON $8,500.001 $8,500.0 2 _ Demobilization 1 LS $20,OD0.00 $20,000.DOI $8,500.001 $8,500.0 3.Contractor's Field Office 1 LS $17,000.00 $17,000. $17,058.90 $17,058. 4 Engineers Field Office 1 LS $35,000.00 $35,000. $17,058.90 $17,OS8. S Insurance 1 LS $22,000.00 $22,000• _ $96,078.90 $96,078. 6 Bonds 1 LS $69,000.00 $69,000. $115,233.24 $115,233.241 7 Administration 1 LS $11,000.00 $11,000. $22,333.00 $22,333. 81 Indemnification 1 LS $10.00 $10. $10.00. $10.0 9 Trench Safety 1 LS $10.0 $10. $10.00 $10.001 10 Aerial Photos 1 LS $12,000.0 $12,000. $7,058,90 $7,058.9 11 Miscellaneous 1 LS $35,000. $35,000.001 $14,117.701 $14,117.7 B. Survey and Depth Checks 1 Existing Conditions Survey 1 LS $20,000.00 $20,000.001 $29,628.30 $19,628.301 2 Post Stripping Survey 1 LS $29,000.00 $29,000.0 11,21.80 $5,224.84 3 Top of Intermediate Cover Survey 1 LS $20,000.0 $20,OD0.01 $22,069.50 $22,069. 4 4 Top of Liner Survey _ 1 LS $29,000.00 $29,000.001 $7,078.90 $7,078. 5 Protective Cover Depth Checks 1 LS $31,000.DO $31,000.0 $9,768.30 $9,768. 6 Final/Record Survey 1 LS $20,000.00 $20,000.001 $9,473.00 $9,473.001 7 Grading Plan 1 LS $40.000.00 $40,000.0 $10,000.00 $10,000.001 _ C. Temporary Erosion and Sedimentation Control llnstalling Controls 1 LS $25,000.00 $25,000. $35,294.20 $35,294. 2 Maintaining Controls 1 LS $2,500.00 $2,500. $5,882.40 $5,882.401 3 Removing Controls 1 LS $10,000.001 $10.000.0 1 $21,176.501 $21,176.5 D. Mulch Removal and Stripping 1 Mulch Removal 1 LS $153,500.00 $153,500: $86,470.601 $86,470. 2 Stripping 1 LS $93,SG0.0D $93,500: $55,823-601 $58.823. E. Closure 1140 mil LLDPE Geomembrane 29000 SY $6.70 $194,300. 1 $9.00 $261,000. 2 Geocomposite 29000 SY $12.00 $348,000 $16.90 $490,100. 3 24" Downchute Pipes 400 LF $270.00 $108,000. $279.80 $111,920. 4 12" Downchute Pipes 170 LF $80.00 $13,600. $86.50 $14,705. 5 Downchute Inlet Structures 6 EA $9,500.00 $57,000. $13,025.30 $78,151. 6 Toe Drain Pipe System 1 _ LS $213,500.00 $213,500. $55,222.10 $55,222.1 7 Bollards 8, Edge of Liner Markers 1 LS $47,800.00 $47,800. $9,603.9 $9,603. 8 GFFR at Downchute and Toe Drain Outlets 8 EA $2,215.0 $17,720. $�.086.50 $8.692. F. Offsite Soil, Delivery and Placement 1 Intermediate Cover Material 14150 CY $18.00. $254,700. $23.80 $336,770. 2Protective Cover Material 18600 CY $20.00. $372,000. $22.80 $424,080.0 3 Topsoil 1 LS 5150,000. $150,000.001 $232,000.0 $232000.0 41 Excavate and Haul Existing Intermediate Cover 10000 CY 55.0O $50,000. $19.00 $190,000.0 G. Temporary Closure 1 20 Mil Scrim Reinforced Rain Tarp 9700 SY 1 $6.50 $63,050. _ $8.00 $77,600. 2 Geosynthetic Ballast Material 6900 SY $3.35 $23,115.0 $6.20 $42,780. 3 UV Resistant Sandbags and Seatbelt Webbing 1 LS $22,775.00 $22,775.c $18,523.60 $18,523. _ 4 Temporary Closure Vent 7 _ EA $500.00 $3,500.0c $3,705.90 $25,941.301 5 Dual 12" HDPE Culverts 3 EA $18,850.00 $56,550. $15,058.90 $45,176.701 6 Temporary Percolation Basin 1 LS _ $19,850.001 1 $63,500.00 $63,500. 7 GFFR at Culvert Outlets 3 EA —sig,sio.551 $4,310.001 $12,930. $3,235.301 $9,705. B Geocomposite for Temporary Closure Vents 975 EA $20.351 $19,841.29 1 $9.601 $9,360.0(4 H. Additional Items 1 Sod 1 LS $290,000.00 $290,000. $96,600.00 $96,600. 2 Seed and Mulch 3 AC $4,125.00 $12,375. $3,176.50 $9,529.% 3 Waste Relocation 3000 CY $10.00 $30,000.0 - $12.80 $38,400. 4 Leachate Seep Trench Soo LF $50.00 $25,000.0 $24.60 $12,300. 5 Remove and Replace Existing Litter Fence 1 LS $60,000.00 $60,000.0 $310,588.00 $310,588. 6 Temporary Litter Fence 1 LS $62,500.00 $62,500.00.- $105,882.40 $105,882.4 C 7 Regrading Existing Gravel Haul Road 1 LS $41,000.00 $41,000.. $117,000.00 $117,'00. 8 Packaged 200 KW Diesel Fueled Engine Standby Electicity Generator 1 LS $185,500.00 $185,500. $238,823.60 $238,823. Board of Commissioners - February 7, 2022 ITEM: 7 - 3 - 4 I. Landfill Gas Expansion 6-Inch Diameter HDPE SDR-17 1 Pipe and Fitting 1745 LF $28.75 $50,168.75 $47.50 $82,887.5 12-inch Diameter HDPE SDR-26 2 Pipe and Fittings 330 LF $65.55 $21,631.5 $78.10 $25,773. 3 24-inch Diameter HDPE SDR-26 Pipe and Fittings 1700 LF $124.20 $211,140.00 $194.80. $314,160.00 30-inch Diameter HDPE SDR-26 4 Pipe and Fittings 90 LF 1 $333.50 $30,015.DD $432.20 $38,898.0 12-inch Pipe Blind Flange 5 Assembly 1 EA $1,520.00 $1,520.00 $4,802.00 $4,802.0 24-inch Pipe Blind Flange 6 Assembly 2 EA $5,11D.0 $10,220. $5,282.20 $10,564. 30-inch Pipe Blind Flange 7 Assembly 1 EA $10,300.00 $10,300.00 $16,686.70 $16,686.7 2-inch Diameter SDR-9 Air Pipe 8 and Fittings 3450 LF $4.60 $15,87a.00 $14.50 $50,025.00 4-inch (SDR-11) by 8-inch (SDR- 9 17) Dual Containment Forcemain Pipe and Fittings 1964 LF 1 $33.35 $65,499.40 $46.90 $92,111.6 3-inch (SDR-11) by 6-inch (SDR- 30. 17) Dual Containment Forcemain Pipe and Fittings 244 LF $31.25 $7,62S.00 $37.30 $9,101.2 4-inch (SDR-11) Single Wall 11. Forcemain Pipe and Fittings 176 LF $5.75 $1,012.00 $25.30 $4,452.8 3-inch (SDR-11) Single Wall 12 Forcemain Pipe and Fittings 1066 LF $3.45 $3,677.7 $16.90 $18,015.4 Corrugated Metal Pipe for Pipe 13 Road Crossing 40 LF $153.00 _ $6,120.00 $126.10 $5,044.00 Dual Containment Forcemain 14 Pipe Cleanout 3 EA $7,130.00 $21,390,00 $9,523.50 $25,570.50 Vertical LFG Extraction Well; 15 includes Drilling, Soil Benching, Well Pipe, Grate, and Aggregate 168 VLF $210.00 $35,280. $354.20 $59,505.60 LFG Extraction Well Capping 16. System Penetration 7 EA $300.00 $2,100. $3,361.5 $23,530. 12-inch Landfill Gas Valve 17 Assembly 2 EA $7,820.00 $15,640. $8,983.60 $17,767. 2-inch Air Blow -off & Isolation 18 Valve Assembly _ 3 EA $600.00 $1,80O.Ou $3,601.50 _$10,804. 4-inch Forcemain Isolation Valve 19. Assembly (Dual Containment) 3 EA $1,250.00 $3,750.DO $6,302.60 $18,907. Condensate Sump including 20 Pneumatic Pump 4 EA $69,720.00 $278,880.00 $52,821.20 $211,284.80 LFG Vertical Extraction Well Wellhead and Pneumatic Pump; 21: includes Dual Extraction Well Cap, Hosing, Fittings, and ,Connection to Collection Piping 7 EA $6,730.00 $47,110.00 $3,361.40 $23,529.80 Leachate Cleanout Remote Wellhead; includes Wellhead and 22 Cleanout Tie-in and Connection to Collection Piping 4 EA $3,625.0 $14,500.00 $4,561.90. $18,247.6 10 SuRltntatl" slllEl:c&9w Total lA-II= 913. 75. 'Total lA-11= 5112475. `Total above does not match bid due to $0.70 error on Line 1.16. See highligthed cell above. Board of Commissioners - February 7, 2022 ITEM: 7 - 3 - 5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 2/7/2022 Regular DEPARTMENT: Planning PRESENTER(S): Ken Vafier, Planning Supervisor CONTACT(S): Ken Vafier; Rebekah Roth, Planning & Land Use Director SUBJECT: Public Hearing Rezoning Request (Z21-15) - Request by Thompson Thrift Development, Inc., Applicant, on Behalf of ARFA Holdings, LLC, Property Owner, to Rezone Approximately 20.5 Acres of Land Located at 6124 Carolina Beach Road from B-2, Regional Business District, to (CZD) RMF-M, Residential Multi -Family Moderate Density District, in Order to Develop a Multi -Family Project BRIEF SUMMARY: The applicant is proposing to rezone approximately 20.5 acres of land located at 6124 Carolina Beach Road from B-2 to (CZD) RMF-M in order to develop a 300-unit multi -family project. The proposed development consists of 15 20-unit buildings on the parcel, which is bounded to the east by Carolina Beach Road, just south of Sanders Road and the Beau Rivage shopping center. The proposed plan also incorporates associated parking and bay garages, amenity areas, and stormwater management. Building heights are proposed at a maximum of two stories and 45, and the proposed density for the project is 14.6 units per acre. The site is proposed to be accessed via two points to Carolina Beach Road which will be restricted to right-in/right-out movements. A left -over from northbound Carolina Beach Road is proposed at the northern access point to the site, while a shared through/right turn lane is proposed along the Carolina Beach Road frontage. As currently zoned, it is estimated the site would generate about 150 AM peak hour trips and 610 PM peak hour trips if developed with an 18% building footprint typical for properties with B-2 zoning. A Traffic Impact Analysis (TIA) was conducted for the proposal and estimated a trip generation of approximately 153 trips during the AM peak hour and 176 in the PM peak hour, which results in an approximate increase of 3 AM peak hour trips and an approximate decrease of 434 PM peak hour trips compared to the typical development pattern of the site under the existing B-2 zoning district. Based on the current general student generation rate, the proposal would result in approximately 66 additional students than would be generated under current zoning. The general student generation rate provides only an estimate of anticipated student yield as different forms of housing at different price points yield different numbers of students. Please refer to the Schools section included in the staff report for additional information on school enrollment and capacity. 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 housing diversity and access to basic goods and services. The proposal would allow for an increase in housing diversity and would allow those residents to utilize existing goods and services within one mile of the subject property. While the area was zoned for commercial development along a major arterial in the early 1970s, the 2016 Comprehensive Plan recommends multi -family or higher density single family development patterns, and a mixture of uses can be provided via adjacent tracts or when separated by lower traffic local or collector roads. The subject Board of Commissioners - February 7, 2022 ITEM: 8 property is one of several undeveloped tracts along Carolina Beach Road, a major road corridor. The property is located south of a commercial node serving residents in this area, and is a location anticipated to serve as a transition from single-family detached land uses west of the site to Carolina Beach Road. The Planning Board considered this application at their December 2, 2021 meeting. At the meeting, an adjacent HOA representative expressed concerns regarding traffic, visual and audio impacts, crowding at nearby neighborhood parks, density, parking counts, building layout in close proximity to Beau Rivage, stormwater impacts, and impervious coverage. The board also discussed concerns regarding traffic impacts, internal circulation and vehicular stacking, the proximity of buildings to the western property line, and expressed a desire for a mixed -use component. The board recommended DENIAL (5-2) of the request. While the board found it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the U rban Mixed Use place type and the residential densities are in -line with those recommended for the property, they found that recommending DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent neighborhoods. 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: Due to the request's consistency with the Comprehensive Plan, the context and compatibility with the surrounding area, and consistency with the New Hanover County Strategic Plan, staff recommended approval of the original proposal. As the applicant has revised the request following the Planning Board meeting to improve internal vehicular circulation and with the approval of the TIA, staff also recommends approval of the revised proposal and suggests the following motion: I move to APPROVE the proposed rezoning to a (CZD) RMF-M district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Urban Mixed Use place type and the residential densities are in -line with those recommended for the property. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would benefit the community by providing diverse housing options. The proposal also provides a transition from adjacent single-family residential development to the west, and will provide additional housing in close proximity to existing and future commercial development serving nearby residents. Applicant's proposed conditions: 1. Maximum building height shall be forty-five feet (45') and two (2) stories 2. Maximum unit count shall be three hundred (300) units. Alternative Motion for Denial I move to DENY the proposed rezoning to a (CZD) RMF-M district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Urban Mixed Use place type and the residential densities are in -line with those recommended for the property, I find DENIAL of the rezoning request is reasonable and in the Board of Commissioners - February 7, 2022 ITEM: 8 public interest because the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent neighborhoods. ATTACHMENTS: Z21-15 Script Z21-15 Staff Report Z21-15 Zoning Z21-15 FLUM Z21-15 Neighboring Properties Applicant Materials Co\er Z21-15Application Package Site Plan Co\,er Sheet Z21-15 Site Plan COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as supported by planning staff. COMMISSIONERS' ACTIONS: Denied 4-1, Vice -Chair Hays dissenting. Board of Commissioners - February 7, 2022 ITEM: 8 SCRIPT for Zoning Map Amendment Application (Z21-15) Request by Thompson Thrift Development, Inc., applicant, on behalf of the property owner, ARFA Holdings, LLC, to rezone approximately 20.5 acres of land located at 6124 Carolina Beach Road from B-2, Regional Business District to (CZD) RMF-M, Residential Multi -Family Moderate Density District, in order to develop a 300-unit multi -family development. 1 . This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and 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 rezoning to a (CZD) RMF-M district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Urban Mixed Use place type and the residential densities are in -line with those recommended for the property. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would benefit the community by providing diverse housing options. The proposal also provides a transition from adjacent single-family residential development to the west, and will provide additional housing in close proximity to existing and future commercial development serving nearby residents. Applicant's Proposed Conditions: 1 . Maximum building height shall be forty-five feet (45') and two (2) stories 2. Maximum unit count shall be three hundred (300) units. Board of Commissioners - February 7, 2022 ITEM: 8 - 1 - 1 Example Motion for Denial I move to DENY the proposed rezoning to a (CZD) RMF-M district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Urban Mixed Use place type and the residential densities are in -line with those recommended for the property, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent neighborhoods. Alternative Motion for Approval/Denial: I move to [Approve/Deny] the proposed rezoning to a conditional RMF-M 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 - February 7, 2022 ITEM: 8 - 1 - 2 STAFF REPORT FOR Z21-15 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z21-15 Request: Rezone 20.5 acres to (CZD) RMF-M, Residential Multi -Family Moderate Density District Applicant: Property Owner(s): Thompson Thrift Development, Inc ARFA Holdings, LLC Location: Acreage: 6124 Carolina Beach Road 20.5 PID(s): Comp Plan Place Type: R07900-001-014-002 Urban Mixed Use Existing Land Use: Proposed Land Use: Undeveloped Mixed -Use development Current Zoning: Proposed Zoning: B-2, Regional Business District (CZD) RMF-M, Residential Multi -Family Moderate Density District SURROUNDING AREA LAND USE ZONING North Mini-Warehousing/Self Storage B-2 East Undeveloped (Hanover Pines Nature Park Site) R-15 South Undeveloped B-2 West Single -Family Residential (Beau Rivage Plantation) R-15 Z21-15 Staff Report BOC 2.7.2022 Page 1 of 20 Board of Commissioners - February 7, 2022 ITEM: 8 - 2 - 1 ZONING HISTORY April 7, 1971 Initially zoned B-2 (Area 4) COMMUNITY SERVICES Water/Sewer Water and sewer services are available through CFPUA. Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire District, New Hanover County Myrtle Grove Station Schools Bellamy Elementary, Murray Middle, and Ashley High Schools Recreation Monterey Heights Park, Veterans Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Z21-15 Staff Report BOC 2.7.2022 Page 2 of 20 Board of Commissioners - February 7, 2022 ITEM: 8 - 2 - 2 APPLICANT'S PROPOSED CONCEPTUAL PLAN • The applicant is proposing to rezone 20.5 acres of a 28.91 -acre parcel to (CZD) RMF-M in order to construct a 300-unit multi -family development at a density of 14.6 units per acre. The proposed plan also incorporates associated parking and bay garages, amenity areas, and stormwater management. • The proposed development consists of 15 20-unit buildings on the parcel, which is bounded to the east by Carolina Beach Road, just south of Sanders Road and the Beau Rivage shopping center. Building heights are proposed at a maximum of two stories and 45'. • The main office area and amenity center is located on the front or east boundary of the parcel closest to Carolina Beach Road. Additional amenity areas are located within the center and northwest area of the site. • The northwest area of the site also contains the development's stormwater infiltration basin on approximately 2 acres. • A 20' wide transitional buffer is proposed along the west and south boundaries of the project adjacent to property zoned or developed as R-15, Residential Districts, meeting requirements of the UDC). • Bay garages are interspersed throughout the plan to provide protected vehicle parking for residents. A series of interconnected drives, parking lots, sidewalks, and courtyards link the features of the complex together. • Access is proposed via two points off Carolina Beach Road which will function as right- in/right-out movements. A proposed left -over from northbound Carolina Beach Road will provide access from this movement to the northern access point to the site. • Following comments provided at the Planning Board meeting regarding internal vehicular circulation and queuing at the site access points, the applicant has revised the site plan to include the following changes which are anticipated to mitigate potential conflict points: o Northern access point: ■ Removal of 3 parking spaces on each side of a landscape island with expansion of the island; ■ Addition of stop signs, stop bars, and signage in front of the primary amenity center in order to give ingress traffic the right-of-way. o Southern access point: ■ Realignment of the ingress/egress driveway with the drive aisle to the west to allow straight line traffic flow for ingress traffic; ■ Addition of a stop sign, stop bar, and signage on the traffic lane coming to a "T" at the realigned driveway to give ingress traffic the right-of-way. Z21-15 Staff Report BOC 2.7.2022 Page 3 of 20 Board of Commissioners - February 7, 2022 ITEM: 8 - 2 - 3 0 xis BIIfFE xriy:; NYS3a �FAYER£tiT� :1111111111111IIIIIIIIIIIII Infiltration I19F Basin rr FxEE mermen 1—_ : r �s IIC-0Y1Mi TR+FFlCH43 RRiHc E}F kMx uTura� I � 1 I � I I� v ss mtan z Site Access = 711111 ill'.! R�It Points-to .•-a'�0-e fir•tt emff,anwc_ _ExrsnrroeKRTff R!a CAROLINA REACH ROAD „�AA.N RPFYl ' ♦ — Is�'E11EWC1316fiTOfMkY� VC48A WNT OF Vw6Y Y -- -�� Carolina Beach Road uoRTE�Etxw uxuRx . BRCWO9E6lFFT-0uER IGCE&3 Es13Te�u` nC:XI• u 4'Ekf•FJJ ]tu`R Proposed Site Plan with Staff Markups Z21-15 Staff Report BOC 2.7.2022 Page 4 of 20 Board of Commissioners - February 7, 2022 ITEM: 8 - 2 - 4 ZONING CONSIDERATIONS • The B-2 district in this area was established in 1971. The purpose of the B-2 district is to provide for the proper site layout and development of larger format or larger structure size business uses, including big box stores and automobile dealers. It is also designed to provide for the appropriate location and design of auto oriented uses that meet the needs of the motoring public or that rely on pass -by traffic. • It is estimated that 20.5 acres of property zoned B-2 can generally support approximately 160,000 square feet of traditional general retail uses based on a typical 18% building area for this type of zoning. For comparison, this percentage of building footprint area is similar to the developed area in the Beau Rivage Shopping Center which lies slightly north of the subject site. • The purpose of the RMF-M, Residential Multifamily Moderate Density District is to provide lands that accommodate moderate density single-family and multi -family development. The intent of the RMF-M district is to function as a transitional district between intensive nonresidential development and higher -density residential areas. The districts is intended to provide a reasonable range of choice, type, and location of housing units. • The proposed 300-unit development equates to a density of 14.6 units per acre. The RMF- M district allows up to 17 units per acre by -right. Z21-15 Staff Report BOC 2.7.2022 Page 5 of 20 Board of Commissioners - February 7, 2022 ITEM: 8 - 2 - 5 AREA SUBDIVISIONS UNDER DEVELOPMENT Riverlights `-Village " At Rdotts Landing I'� handers Rd'•', ----------: 1 •� i=- � • Developmen Total Units Built Congleton Farms 170 51 119 Deer Crossing Ph 3 07 39 0 39 Tarin Woods II 231 173 58 T Village at Motts Landing (multiple phases) 261 148 113 — 701 372 329 •` Based on Pennits and Aerial Phatogmphy" - Woods 11�� r ' M r- TRANSPORTATION • The site will be accessed by two access points to Carolina Beach Road which will be restricted to right-in/right-out movements. A left -over from northbound Carolina Beach Road is proposed at the northern access point to the site. A shared through/right turn lane is proposed along Carolina Beach Road which will terminate at a southbound U-turn just south of the parcel boundary. • Internal drives, sidewalks, and parking areas are designed in a grid -like pattern throughout the site to provide internal vehicular and pedestrian access throughout the site. Z21-15 Staff Report BOC 2.7.2022 Page 6 of 20 Board of Commissioners - February 7, 2022 ITEM: 8 - 2 - 6 w atts F°rest F -fi ders R d� _ a ro m q T 7� G III.. N Access ° I� � . Sv,Jeet Guth � Man4ssas f rive 1 ve Site ,et01, 5 Riverwoods 1, �' _ Lt CoV% �m p f•`S � ry O J` �c°urt - ? 0 i c { r. i V l ,, � Carolina Beach Road ChattoO L ga-place Drive Y_ pYes- o Driveh� i .;` a a Be z y Riu` age Drive 0 Primary Access _- B b� Cathay Roadl Secondary Access C;untry pfar� • If the portion of the site subject to the rezoning request was developed with a typical approximate 1 8% building footprint, approximately 160,000 sf of general retail could be built and is estimated to generate about 150 AM and 610 PM peak hour trips. • A Traffic Impact Analysis (TIA) was conducted for the project and estimated a trip generation of 153 AM and 176 PM peak hour trips. • The net change from the potential trip generation if the site were to be developed under the existing B-2 district with approximately 160,000 sf of retail to the proposed (CZD) RMF- M district shows an approximate increase of 3 AM peak hour trips and an approximate decrease of 434 PM peak hour trips. General retail uses typically generate the bulk of their trips during the PM hours as retail uses are often not the weekday rush hour destination for motorists. Z21-15 Staff Report BOC 2.7.2022 Page 7 of 20 Board of Commissioners - February 7, 2022 ITEM: 8 - 2 - 7 Estimated Trip Generation Intensity Approx. Peak Hour Trips Existing Development: Undeveloped 0 AM / 0 PM Typical Development 160,000 sf of Retail 150 AM / 610 PM under Current Zoning: Proposed Development: 300 multi -family units 153 AM / 176 PM Estimated Net Change - + 3 AM / - 434 PM under Proposed (CZD) RMF-M Zoning: Traffic Impact Analysis • A TIA has been completed and approved for the proposed development and analyzed the Level of Service (LOS) in vehicle delay per second at notable intersections in the area: • Carolina Beach Road at Sharks Eye Lane • Carolina Beach Road at Manassas Drive • Carolina Beach Road at Ridge Boulevard • In the LOS analysis at the studied intersections, the TIA found that all are expected to operate at an acceptable level LOS with the recommended roadway improvements. • Notable recommended roadway improvements from the TIA include: • Construction of a left turn lane into the northern site access point from northbound Carolina Beach Road • Construction of a shared through lane/right turn lane into both site access points from southbound Carolina Beach Road • Signalize intersections at Carolina Beach Road and S Ridge Boulevard (approximately 900' south of southern site access drive). AA G4RAGE'—�i , 1 � •C R.AGEITYP.j—� .[ C INCOMING TRAFFIC F:AS ff Install Left -Over to Northern Site access L :: AMEN Point, Install Shared l.� CENrEN ,�.. _ Through/Right Turn Lane —� I I I »r FENCE OR Po'ALL MIN TREET — m — -MAX STREET YARD — — — • - _ 37075' _ _ _ _ -�� 2A597 _ - - _ _ _23259'` CAROLI'NA BEACH F (769 PUBLIC RIGHT OF WAY). Provide Signalization at S Ridge Boulevard, approximately 900' south EXISTING NCDOT OVERHEAD SIGN I ING PJ +I TRAFFIC TRAFFIC IMPACT STUDY IN PROGRESS. AS WAY HAS OF WAY DRIVEWAY AND TURN LMES DESIGN TO — EXISTING BE COORDINATED WITH NCDOT(TYP.p — NORTHBOUND I LTURN -PROPOSED LEFTOVER ACCESS Recommended Roadway Improvements from TIA Approval Z21-15 Staff Report BOC 2.7.2022 Page 8 of 20 Board of Commissioners - February 7, 2022 ITEM: 8 - 2 - 8 I 1 R r -'fir t � ► T L+ LlWAS 1( �MIUMNIIIIII 1 i � � • ' • f _L\\ � -11� riN 11E11n�� rli. Habitat for Humanity TIA Approved Congleton Farms TIA Approved llllllf a�ia►' ► � fAa�. rr� IfJl1fIMIJI �,� �/ la ■ :1iar+■■ 1, /111 Its � =►trn �.r � ` Illllllllnw��y nlll IIAi111�l111i111 .�� � .1,�, �Nr.� It - � �� �� iif �7 rf 1;r rI■liif� � �rrii.., Nearby NC STIP Projects: • STIP Project U-5790 o Project to convert the intersection of Carolina Beach Road and College Road to a continuous flow intersection and widen a portion of Carolina Beach Road south of that intersection. Continuous flow intersections permit more efficient travel movements and help alleviate congestion by allowing more of the main street's traffic to move through the intersection. Bidding of the project is expected to occur in 2024. Z21-15 Staff Report BOC 2.7.2022 Board of Commissioners - February 7, 2022 ITEM: 8 - 2 - 9 Page 9 of 20 Nearby Traffic Impact Analyses: Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards. Approved analyses must be re-examined by NCDOT if the proposed development is not completed by the build out date established within the TIA. Proposed Development Land Use/Intensity TIA Status 1. Tarin Woods II Phase 2B(1): • Addendum approved March • 219 Single -Family Homes 26, 2020 • 398 Townhomes • 2020 Build Out Year The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Installation of a northbound leftover/U-turn on Carolina Beach Road at the Harris Teeter driveway (required to be installed during the development of Phase 2A). • Installation of a second westbound right turn lane on Manassas Drive at Carolina Beach Road. • Includes additional point of egress to Carolina Beach Road. Nearby Proposed Developments included within the TIA: • Beau Rivage Update • Beau Rivage Townhomes Development Status: Development and improvements are currently under construction. 2. Habitat Restore • 20,320 sf of Discount Store • Approved February 26,8 Building • 14,830 sf of Shopping Center 200 201Build Out Year The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Installation of a southbound right turn lane on Carolina Beach Road at the site's access. • Increasing the length of an existing southbound u-turn lane on Carolina Beach Road at Cathay Road. Nearby Proposed Developments included within the TIA: • Beau Rivage Update • Beau Rivage Townhomes Development Status: No construction has started at this time. Z21-15 Staff Report BOC 2.7.2022 Page 10 of 20 Board of Commissioners - February 7, 2022 ITEM: 8 - 2 - 10 3. Congleton Farms • 169 Single -Family Homes • Approved February 7, 2018• 2018 Build Out Date The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Constructing the section of Lieutenant Congleton Road along the site frontage to connect to the existing roadway with one lane in each direction. Nearby Proposed Developments included within the TIA: • None Development Status: Development under construction. • 4,500 square feet of drive- thru bank • 3,500 square feet of fast 4. Beau Rivage food drive thru • Approved December 28, 2016 Update • 6,900 square feet of • 2018 Build Out Date supermarket (addition to the existing Harris Teeter) • 7,500 square feet of shopping center The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Installation of an eastbound right -turn lane on Sanders Road at the site's access and Carolina Beach Road. Nearby Proposed Developments included within the TIA: • Tarin Woods • River Lights Development Status: Development under construction. The right -turn lane on Sanders Road at the site's access has been constructed. Z21-15 Staff Report BOC 2.7.2022 Page 11 of 20 Board of Commissioners - February 7, 2022 ITEM: 8 - 2 - 11 ENVIRONMENTAL • The property does not contain any Special Flood Hazard Areas or Natural Heritage Areas. • The property is within the Motts Creek watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class I (suitable with slight limitations for septic suitability). However, the site is expected to be served by CFPUA when developed. OTHER CONSIDERATIONS SCHOOLS • Students living in the proposed development would be assigned to Bellamy Elementary, Murray Middle, and Ashley High Schools. Students may apply to attend public magnet, year-round elementary, or specialty high schools. • The typical by -right development in the B-2 district is not expected to generate any additional students. 300 units are proposed under the rezoning request. • Based on the current general student generation rate*, the increase in homes would result in approximately 66 additional students than would be generated under current zoning. • The general student generation rate provides only an estimate of anticipated student yield as different forms of housing at different price points yield different numbers of students. Over the past four years, staff has also seen a decline in the number of students generated by new development. Student numbers remained relatively stable between 2015 and 2020 (excepting the impacts of the COVID-19 pandemic), while 14,500 new residential units were permitted across the county. In addition, the student population is anticipated to only grow by approximately 1,300 students over the next 10 years based on the recent New Hanover County Schools Facility Needs Study. Development Type Intensity Estimated Student Yield (current general student generation rate) Existing Development Undeveloped Approximate" Total: 0 (0 elementary, 0 middle, 0 high) Typical Development Under 160,000 sf of retail Approximate" Total: 0 Current B-2 Zoning (0 elementary, 0 middle, 0 high) Proposed (CZD) RMF-M 300 residential units Approximate" Total: 66 Zoning (27 elementary, 15 middle, 24 high) The current general student generation rate was calculated by dividing the projected New Hanover County public school student enrollment for the 2021 -2022 school year by the number of dwelling units in the county. Currently, there are an average of 0.22 public school students (0.09 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. **Because the student generation rate often results in fractional numbers, all approximate student generation yields with a fraction of 0.5 or higher are rounded up to a whole number and yields with a fraction of less than 0.5 are rounded down. This may result in student numbers at the elementary, middle, and high school levels not equaling the approximate total. Z21-15 Staff Report BOC 2.7.2022 Page 12 of 20 Board of Commissioners - February 7, 2022 ITEM: 8 - 2 - 12 • Given the size of the proposed development, it may have a build -out date within 5 years, so staff has outlined existing school capacity to provide a general impact 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 trends in student population changes. Staff has provided information on existing school capacity to provide a general idea of the potential impact on public schools, but these numbers do not reflect any future capacity upgrades. School Enrollment* and Capacity** (2021-2022 School Year) Total Projected Capacity of Capacity of Funded or Level NHC School Enrollment of Assigned Assigned Planned Capacity Assignment School School Capacity School w/Portables Upgrades Elementary 95% Bellamy 456 499 91 % None Middle 108% Murray 853 848 101 % None High 100% Ashley 1,990 1,896 105% None *Enrollment is based on the New Hanover County Schools enrollment projections for the 2021 -2022 school year. "Capacity calculations were determined based on the projected capacities for the 2021 -2022 school year, and funded or planned capacity upgrades were those included in the Facility Needs Study presented by New Hanover County Schools to the Board of Education in January 2021. This information does not take into account flexible scheduling that may be available in high school settings, which can reduce the portion of the student body on campus at any one time. • The recent facility needs survey that has been prepared by Schools staff indicates that, based on NC Department of Public Instruction (DPI) student growth projections and school capacity data, planned facility upgrades, combined with changes to student enrollment patterns, will result in adequate capacity district wide over the next ten years if facility upgrades are funded. Z21-15 Staff Report BOC 2.7.2022 Page 13 of 20 Board of Commissioners - February 7, 2022 ITEM: 8 - 2 - 13 NEW HANOVER COUNTY STRATEGIC PLAN • One of the goals of the New Hanover County Strategic Plan for 201 8-2023 is to encourage the development of complete communities in the unincorporated county by increasing housing diversity and access to basic goods and services. • The proposal would allow for an increase in housing diversity and would allow those residents to utilize existing goods and services within one mile of the subject property. • The predominant housing type in the area is single family detached at 72%. Under the proposed RMF-M district the site would allow for multi -family residential (apartments) and increase housing type diversity by reducing the percentage of single family detached (72% to 69%) and increasing the percentage of multi -family residences (10% to 14%). • The subject property is located in the Veterans Park community area, where 61 % of residents currently live within one -mile of a convenience need (grocery store, retail staples, pharmacies, etc.), a support service (urgent care, primary doctor's office, child & adult care, etc.), and a community facility (public park, school, museum etc.). The proposed RMF-M district would increase the number of residences within one -mile of a community facility (61 % to 66%). Z21-15 Staff Report BOC 2.7.2022 Page 14 of 20 Board of Commissioners - February 7, 2022 ITEM: 8 - 2 - 14 REPRESENTATIVE DEVELOPMENTS Representative Developments of B-2: Oak Landing Shopping Center Z21-15 Staff Report BOC 2.7.2022 Page 15 of 20 Board of Commissioners - February 7, 2022 ITEM: 8 - 2 - 15 Representative Developments of RMF-M: Woodlands at Echo Farms Jumpin Run Z21-15 Staff Report BOC 2.7.2022 Page 16 of 20 Board of Commissioners - February 7, 2022 ITEM: 8 - 2 - 16 Context and Compatibility • While the area was zoned for commercial development along a major arterial in the early 1970s, the 2016 Comprehensive Plan recommends multi -family or higher density single family development patterns, and a mixture of uses can be provided via adjacent tracts or when separated by lower traffic local or collector roads. • The subject property is located in one of the county's more densely developed corridors, just south of one the three identified high growth nodes in the Comprehensive Plan. • The subject property is one of several undeveloped tracts along Carolina Beach Road, a major road corridor. The property is located south of a commercial node serving residents in this area, and is a location anticipated to serve as a transition from single-family detached land uses west of the site to Carolina Beach Road. • The proposed height will be limited to 45' and 2 stories, which is less than permitted by - right in the RMF-M district. • Required setbacks, transitional buffers, and the placement of the garage bays provide additional mitigation for aesthetic effects along the property boundaries. Z21-15 Staff Report BOC 2.7.2022 Page 17 of 20 Board of Commissioners - February 7, 2022 ITEM: 8 - 2 - 17 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 Urban Mixed Use Promotes development of a mix of residential, office, and retail uses at Place Type higher densities. Types of uses encouraged include office, retail, mixed use, Description small recreation, commercial, institutional, single-family, and multi -family residential. Z21-15 Staff Report BOC 2.7.2022 Page 18 of 20 Board of Commissioners - February 7, 2022 ITEM: 8 - 2 - 18 The subject property is located in the south-central portion of the county along a major road corridor in close proximity to a neighborhood commercial node and other commercial services. The Comprehensive Plan classifies the property as Urban Mixed Use, which promotes development of a mix of residential, office, and retail uses at higher densities. The site is located south of a neighborhood commercial node and higher density single-family attached residential development. As there is an existing single-family development to the west of the subject site, the proposal would provide a transition to Carolina Beach Road, which contains commercial services along the road frontage that serve adjacent residential developments in the project vicinity. In addition, the project supports the Comprehensive Plan's goal to provide for a range of housing types and opportunities for households of different sizes and income levels as well as a mix of uses located on adjacent or nearby parcels. The proposal is also in line with the preferred density range for the Urban Mixed Use place type, which envisions residential development in the range of 2-5 stories at a moderate to high density. The applicant is proposing 300 dwelling units, for an overall density of 14.6 units per acre in 2-story buildings. The proposed rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because the project provides for the type of housing Consistency diversity that is recommended in the Urban Mixed Use place type, the Recommendation residential densities are in -line with those recommended within this place type, and the project will provide additional housing in close proximity to existing and future commercial development serving nearby residents. PLANNING BOARD ACTION The Planning Board considered this application at their December 2, 2021 meeting. At the meeting, an adjacent HOA representative expressed concerns regarding traffic, visual and audio impacts, crowding at nearby neighborhood parks, density, parking counts, building layout in close proximity to Beau Rivage, stormwater impacts, and impervious coverage. The Board also discussed concerns regarding traffic impacts, internal circulation and vehicular stacking, the proximity of buildings to the western property line, and expressed desire for a mixed - use component. The Board recommended DENIAL (5-2) of the request. While the Board found it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Urban Mixed Use place type and the residential densities are in -line with those recommended for the property, they found that recommending DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent neighborhoods. Z21-15 Staff Report BOC 2.7.2022 Page 19 of 20 Board of Commissioners - February 7, 2022 ITEM: 8 - 2 - 19 STAFF RECOMMENDATION Due to the request's consistency with the Comprehensive Plan, the context and compatibility with the surrounding area, and consistency with the New Hanover County Strategic Plan, staff recommended approval of the original proposal. As the applicant has revised the request following the Planning Board meeting to improve internal vehicular circulation and with the approval of the TIA, staff also recommends approval of the revised proposal and suggests the following motion: I move to APPROVE the proposed rezoning to a (CZD) RMF-M district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Urban Mixed Use place type and the residential densities are in -line with those recommended for the property. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would benefit the community by providing diverse housing options. The proposal also provides a transition from adjacent single-family residential development to the west, and will provide additional housing in close proximity to existing and future commercial development serving nearby residents. Applicant's proposed conditions: 1 . Maximum building height shall be forty-five feet (45') and two (2) stories 2. Maximum unit count shall be three hundred (300) units. Alternative Motion for Denial I move to DENY the proposed rezoning to a (CZD) RMF-M district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Urban Mixed Use place type and the residential densities are in -line with those recommended for the property, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent neighborhoods. Z21-15 Staff Report BOC 2.7.2022 Page 20 of 20 Board of Commissioners - February 7, 2022 ITEM: 8 -2-20 'ETz f CZD B ,2 Urban Mixed Use Case: Site Address: Z21-15 6124 Carolina Beach Road or 7 I 7`�Ois! Neighboring Parcels A0 649 1,000 Feet Existing Zoning/Use: B-2/ Undeveloped Proposed Zoning/Use: (CZD) RMF-M Multifamily Residential 6000 • JJu to • 5962 p 5 RD Q • SANDER Z 5 Christa Dr p ® 5966 v �6y��2 02�4 06,01 A5978Site1000 10 riH I 945 �6026 6014 2 437� • 944'6028 6019 6016� 435 6036 Manassas -Dr aD 941 940_ II �I� i�433�431 6004 "A�-S16 93 w • 6034 Q412 408�60. 119,-426 • 8005, O �933 936-6038 406 414 424 512 429 :932 6020 925 928 • 921 924 6024 917 920 913 916 is 909 �12 �a 908 'Z i 905 • r904 od 901 s t v • in, 825 8241900 m i �ss 821, o • tea' 817 820 = v �c 813 816 „� 309 • 812 V 6101 v • • 6124 • 805 r808 • 6130 v 01 800 6140�+40r6141 • 6140:6140TEmi6140 6132-6132 732 J 6140 6140� 1611321132 �3 III 61' Wj6 0616132 Subject Site ! 728_614016140 , —i -6,140 _ r k729 61 �0, 6140 6140j 6136 06132 � 724 ��K 720 6140-6140 •5140 61320 6134 • 614Q • Tn F-CnUtV Ridge Blvd - F bruary , 20 1 Condo New Hanover Co APPLICANT MATERIALS Board of Commissioners - February 7, 2022 ITEM: 8 - 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 CONDITIONAL ZONING APPLICATION This application form must be completed as part of a conditional zoning application submitted through the county's online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the application, are set out in Section 10.3.3 of the Unified Development Ordinance. (Optional) Pre -Application Conference 1. Applicant and Property Owner Information Applicant/Agent Name Owner Name (if different from Applicant/Agent) Thompson Thrift Development, Inc. c/o Samuel B. Franck ARFA Holdings, LLC Company Company/Owner Name 2 Ward and Smith, P.A. Address Address 127 Racine Drive 2020 S Churchill Drive City, State, Zip City, State, Zip Wilmington, NC 28403 Wilmington, NC 28403 Phone Phone 910.794.4835 Email Email sbf@wardandsmith.com Board of Commissioners - February 7, 2022 Page 1 of 6 ITEM: 8 - 7-Clonditional Zoning District Application — Updated 05-2021 2. Subject Property Information Address/Location Parcel Identification Number(s) 6124 Carolina Beach Road R07900-001-014-002 Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification 20.5 acres B-2, Vacant Urban Mixed Use 3. Proposed Zoning, Use(s), & Narrative Proposed Conditional Zoning District: RMF-M(CD) I Total Acreage of Proposed District: 20 acres Please list the uses that will be allowed within the proposed Conditional Zoning District, the purpose of the district, and a project narrative (attach additional pages if necessary). Note: Only uses permitted in the corresponding General Use District are eligible for consideration within a Conditional Zoning District. See attached Addendum A 4. Proposed Condition(s) Note: Within a Conditional Zoning District, additional conditions and requirements which represent greater restrictions on the development and use of the property than the corresponding general use district regulations may be added. These conditions may assist in mitigating the impacts the proposed development may have on the surrounding community. Please list any conditions proposed to be placed on the Conditional Zoning District below. Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process. See attached Addendum A Board of Commissioners - February 7, 2022 Page 2 of b ITEM: 8 - 7-C2onditional Zoning District Application — Updated 05-2021 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•220 Multifamily Housing (Low -Rise) AM Peak Hour Trips: 118 I PM Peak Hour Trips: 111 6. Conditional Zoning District Considerations The Conditional Zoning District procedure is established to address situations where a particular land use would be consistent with the New Hanover County 2016 Comprehensive Plan and the objectives outlined in the Unified Development Ordinance and where only a specific use or uses is proposed. The procedure is intended primarily for use with transitions between zoning districts of dissimilar character where a particular use or uses, with restrictive conditions to safeguard adjacent land uses, can create a more orderly transition benefiting all affected parties and the community at -large. The applicant must explain, with reference to attached plans (where applicable), how the proposed Conditional Zoning district meets the following criteria. 1. How would the requested change be consistent with the County's policies for growth and development, as described in the 2016 Comprehensive Plan, applicable small area plans, etc. See attached Addendum B plan) Board of Commissioners - February 7, 2022 Page 3 of 6 ITEM: 8 - 7-donditional Zoning District Application — Updated 05-2021 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. See attached Addendum B 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? See attached Addendum B Board of Commissioners - February 7, 2022 Page 4 of 6 ITEM: 8 - 7-6onditional Zoning District Application — Updated 05-2021 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. Application Checklist Applicant Initial d This application form, completed and signed Application fee: [ • $600 for 5 acres or less • '�$700 for more than 5 acres • ""$300 in addition to base fee for applications requiring TRC review [Community meeting written summary 6 d Traffic impact analysis (if applicable) - Pending final NCDOT approval ,,/legal description (by metes and bounds) or recorded survey Map Book and Page Reference of the property requested for rezoning Conceptual Plan including the following minimum elements: Tract boundaries and total area, location of adjoining parcels and roads • Proposed use of land, building areas and other improvements o For residential uses, include the maximum number, height, and type of units; area to be occupied by the structures; and/or proposed subdivision boundaries. o For non-residential uses, include the maximum square footage and height of each structure, an outline of the area structures will occupy, and the specific purposes for which the structures will be used. • Proposed transportation and parking improvements; including proposed rights -of -way and roadways; proposed access to and from the subject site; arrangement and access provisions for parking areas. • All existing and proposed easements, required setbacks, rights -of -way, and buffers. • The location of Special Flood Hazard Areas. • A narrative of the existing vegetation on the subject site including the approximate location, species, and size (DBH) of regulated trees. For site less than 5 acres, the exact location, species, and sized (DBH) of specimen trees must be included. • Approximate location and type of stormwater management facilities intended to serve the site. • Approximate location of regulated wetlands. • Any additional conditions and requirements that represent greater restrictions on development and use of the tract than the corresponding general use district regulations or additional limitations on land that may be /L regulated by state law or local ordinance ` _7 [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. I?" One (1) digital PDF copy of ALL documents AND plans L� Board of Commissioners - February 7, 2022 Page 5 of 6 ITEM: 8 - 7-Gonditional Zoning District Application — Updated 05-2021 7. Acknowledgement and Signatures By my signature below, I understand and accept all of the conditions, limitations, and obligations of the Conditional Zoning District zoning for which I am applying. I understand that the existing Official Zoning Map is presumed to be correct. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. If applicable, I also appoint the applicant/agent as listed on this application to represent me and make decisions on my behalf regarding this application during the review process. The applicant/agent is hereby authorized on my behalf to: 1. Submit an application including all required supplemental information and materials; 2. Appear at public hearings to give representation and comments; 3. Act on my behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of this application; and 4. Provide written consent to any and all conditions of approval. Signature of Property Owner(s) Print Name(s) Samuel B. Franck Signatu4ofppZ1rict/Agent Print Name J Note: This form must be signed by the owner(s) of record. If there are multiple property owners, a signature is required for each owner of record. If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will be calendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. Board of Commissioners - February 7, 2022 Page 6 of 6 ITEM: 8 - 7 -Conditional Zoning District Application — Updated 05-2021 Addendum A to Conditional Application Proposed Zoning, Uses, and Narrative Please list the uses that will be allowed within the proposed Conditional Zoning District, the purpose of the district, and a project narrative: Thompson Thrift Development, Inc. d/b/a Watermark ("Watermark") is requesting to rezone property located at 6124 Carolina Beach Road in New Hanover County ("Property") from its current zoning of Community Business ("B-2") to Residential Multi -Family Medium Conditional Zoning District ("RMF-M (CD)") to allow the development of multi -family community in accordance with New Hanover County's ("County") Unified Development Ordinance ("UDO"). The rezoning will provide the opportunity to create a multi -family development with three hundred (300) dwelling units, as well as related parking facilities and community amenities. The only permitted use sought in the district is "Dwelling, Multi -Family" which is a use permitted by right subject to use -specific conditions in the underlying RMF-M zoning district. Proposed Conditions Please list any conditions proposed to be placed on the Conditional Zoning District: 1) Maximum Building Height: forty five feet (45') and two (2) stories 2) Maximum Residential Density: three hundred (300) units Board of Commissioners - February 7, 2022 ITEM: 8 - 7 - 7 Addendum B to Conditional Zoning Application Conditional Zoning District Considerations Please explain 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 areas plans, etc.? The proposed RFM-M(CD) rezoning would be consistent with the significant planning goals and objectives in New Hanover County ("County") favoring a mix of housing types and land uses, job and tax base creation, and smart planning strategies for development of currently vacant property. The proposed multi -family development use is consistent with the themes and objectives of the County's 2016 Comprehensive Plan ("2016 Plan") in many ways, including these specific items: • "Livable Built Environment" to ensure that all elements of the built environment, including land use, transportation, housing, energy, and infrastructure work together to provide sustainable, green places for living and recreation to provide a high quality life. The project provides a new source of housing options for the County's growing population, and open space areas with a focus on retaining trees vegetation where possible. • "Harmony with Nature" to ensure the contributions of natural resources are being explicitly recognized and valued and to maintain their health. The project includes an innovative approach to stormwater and drainage design to ensure that the development treats all stormwater on site with a focus on eliminating any negative impact on adjacent properties. Watermark also intentionally left a significant tree line along the western border of the Property to screen adjacent residential uses from the site to promote the existing ecology and limit the impact of the development. • "Resilient Economy" to ensure that the community is prepared to deal with both positive and negative changes in its economic health and to initiate sustainable urban development that foster growth. The County is experiences a rapid increase in the population of its citizens who need well - designed living options. Rather than force those citizens to seek accommodations outside of the County, Watermark is seeking to offer them the opportunity to live and invest in New Hanover County. • "Interwoven Equity" to ensure fairness and equity in providing housing, services, health, safety, and livelihood needs of all citizen groups. The project aims to provide housing for County citizens who are facing a current housing shortage. The proposed development is a step towards creating equity in the Board of Commissioners - February 7, 2022 ITEM: 8 - 7 - 8 housing market and allowing that population to remain housed and engaged in our community. "Healthy Community" to ensure public health needs are recognized and addressed through provisions for healthy foods, physical activity, access to recreation, health care, environmental justice, and safe neighborhoods. The project is aimed at fulfilling all of these admirable goals. The development plan for the Property will create a safe, comfortable, and environmentally sustainable community to promote active and healthy lifestyles for its residents. "Responsible Regionalism" to ensure all local proposals account for, connect with, and support the plans of adjacent jurisdictions and surrounding region. The City of Wilmington is the largest adjacent jurisdiction and has recognized its own needs regarding a growing population and the need for diverse housing options. The project is also consistent with the following specific implementation strategies of the 2016 Plan: • III.0 — Encourage infill development in vacant or blighted pieces of property. • IV.0 — Consider revising zoning ordinances to support mixed uses and holistic approach to development. • VI.D — Encourage conservation and enhancement of the unique environment, character, and history of the County. • IX.A — Promote a mixture of uses where appropriate in an effort to cluster development and minimize impacts on natural resources. • IX.D — Strengthen and direct development toward existing communities through encouraging infill and redevelopment. • XVI.B — Encourage a walkable community that creates more human interactions between neighbors. • XXI.A — Promote compact development, mixture of uses, and infill that minimizes trips and vehicle miles traveled. 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 New Hanover County Future Land Use Map depicts the site as Urban Mixed Use. The proposed multi -family project, in context with the surrounding parcels, promotes the mixed -use infill that the County has focused on the 2016 Plan by wedding much -needed multi -family housing with surrounding commercial uses. In addition, there are several specific aspects of the project that demonstrate why the project exemplifies good design and development. Board of Commissioners - February 7, 2022 ITEM: 8 - 7 - 9 The current site plan evolved with a priority to achieve sustainability, diversity, and ecology. The finished product achieves preservation of many of the existing trees on the property and promotes internal interconnectivity through multiple driveway access points and new road installations that will be added during development, while limiting the impact on adjacent residential neighborhoods by omitting any direct interconnectivity with the same. Watermark designed the site plan in this manner to limit the footprint of all buildings to reduce impervious surface, stormwater, and drainage concerns and limiting the impact of structures on nearby properties while still creating a community capable of serving a meaningful population of residents in need of a safe, well -designed housing. All stormwater generated on the site will be treated on -site by stormwater ponds and facilities. The proposed structures are a maximum of two (2) stories tall, enough to provide a stock of housing to the County's population, but below the maximum permitted by - right in the RMF-M district to minimize view and height impact on surrounding properties. Vegetative buffers, primarily made up of existing trees ranging in height from twenty feet (20') to fifty feet (50') tall will separate the adjacent residential uses from the Property and, as shown on the site plan, will screen almost all view of the development. The Property is positioned off of the Carolina Beach Road thoroughfare. Following an assessment of the projected traffic impact for the site completed by Kimley Horn Engineering, the site is expected to generate One Hundred Eighteen (118) AM peak hour traffic trips and One Hundred Eleven (111) PM peak hour trips. The projected totals are a significant reduction from the "by -right" use of the Property if it was developed under its current B-2 zoning. As an example of by -right land use, a commercial development with an office building and shopping center (both permitted by -right in B-2) would be expected to generate Three Hundred Forty Four (344) AM peak hour trips, and Four Hundred Ninety Two (492) PM peak hour trips. 3) What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? The Property is bordered to the north by a self -storage commercial use, and to the south by a combination of residential and commercial uses (e.g. a boat dealership, gas -station, and pizza restaurant). Carolina. Beach Road fronts the Property to the east, and the Beau Rivage Plantation planned community occupies the entire western border. In that context, the Property offers to divergent paths of development. If it remains in its current B-2 zone, it can be developed as a big -box retail store, an office complex, or some other more intensive commercial use. There Board of Commissioners - February 7, 2022 ITEM: 8 - 7 - 10 are already a variety of commercial uses in the vicinity of the Property, but a lack of residential multi -family. The existing B-2 did not accommodate the proposed multi- family development, so we proposed this conditional district rezoning based on the need for the use in the area and the zoning restrictions in the B-2 district. Board of Commissioners - February 7, 2022 ITEM: 8 - 7 - 11 Legal Description Portion of ARFA Holdings, LLC Tract depicted on Plat recorded in Map Book 70, at Page 176 Including 20.5 Acres more or less A PARCEL OF LAND LYING AND BEING WITHIN A PORTION OF LAND DESCRIBED IN DEED BOOK 3799 PAGE 917 AS RECORDED IN THE WITHIN THE REGISTER OF DEED OF NEW HANOVER COUNTY, NORTH CAROLINA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT NCGS MONUMENT ENNIS, HAVING NORTH CAROLINA GRID NAD83/2011 COORDINATES OF NORTH 136261.33 EAST 2332811.46; THENCE NORTH 00°23'16" EAST FOR A DISTANCE OF 418.78 FEET TO AN 1" IRON PIPE, SAID IRON PIPE BEING THE POINT OF BEGINNING; THENCE FORM SAID IRON PIPE SOUTH 04°39'21" WEST FOR A DISTANCE OF 18.89 FEET TO AN IRON ROD; THENCE NORTH 85°20'28" WEST FOR A DISTANCE OF 56.00 FEET TO AN IRON ROD, THENCE SOUTH 04-39,32" WEST FOR A DISTANCE OF 30.46 FEET TO AN IRON ROD; THENCE SOUTH 85°20'28" EAST FOR A DISTANCE OF 56.00 FEET TO AN IRON ROD; THENCE NORTH 85°18'47" WEST FOR A DISTANCE OF 1000.64 FEET TO AN IRON ROD; THENCE NORTH 04°43'51" EAST FOR A DISTANCE OF 894.35 FEET TO 1" PINCHED TOP PIPE; THENCE SOUTH 85°15'39" EAST A DISTANCE OF 1000.27 FEET TO THE POINT OF BEGINNING. LANDS SHOWN HEREON CONTAINING 20.50 ACRES, MORE OR LESS, AND BEING A PORTION OF THE LAND DEPICTED ON THE PLAT RECORDED IN MAP BOOK 70, AT PAGE 176. ND: 4821-3418-1872, v. 4 Board of Commissioners - February 7, 2022 ITEM: 8 - 7 - 12 DocuSign Envelope ID: 4F483D5A-2CEA-41 El -Al 7F-822071 CB2135 Print Form NEW HANOVER COUNTY PLANNING & LAND USE A UTHORITY FOR APPOINTMENT OF AGENT 230 Government Center Drive Suite 110 Wilmington, NC 28403 910-798-7165 phone 910-798-7053 fax www.nhcgov.com Please note that for quasi-judicial proceedings, either the land owner or an attorney must be present for the case at the public hearing. Applicant The undersigned wxTw does hereby appoint an authorized the agent described herein as their exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and/or an appeal of Staff decisions applicable to the property described in the attached petition. The Agent is hereby authorized to, on behalf of the p�xa VT: App scan 1. Submit a proper petition and the required supplemental information and materials Applicant 2. Appeal at public meetings to give representation and commitments on behalf of the ptbaer"Wnor A I*3. Act on the cXxnx3& behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning Ordinance. Agent Information pe*tyx0xvxev*)Applicant Subject Property Name UWW) AXtW Contract Purchaser Name Address Samuel B. Franck Thompson Thrift Development, Inc. 6124 Carolina Beach Road Company Owner Name 2 City, State, Zip Ward and Smith, P.A. Wilmington, NC, 28412 Address Address Parcel ID 127 Racine Dr., Suite 100 111 Monument Cir., Suite 1500 R07900-001-014-002 City, State, Zip City, State, Zip Wilmington, NC, 28403 Indianapolis, IN 46204 Phone Phone 910.794.4835 317.853.5473 Email Email sbf@wardandsmith.com jhoughtalen@watermarkapartments.com Application Case Number Reference: Date/Time received: Received by: This document was willfully executed on the Eigned by: ... owffinxix*im' on L Contract Purchaser/Applicant Signature June 21 day of , 20_ Owner 2 Signature Board of Commissioners - February 7, 2022 ITEM: 8 - 7 - 13 09/14 directly to the sender of this message. Neither the name ar irvtITU Utlu at<«41 W -1 ••.. representative, nor transmission of this email from Ward and Smith, P.A., shall be considered an electronic signature unless specifically stated otherwise in this email by a licensed attomey employed by Ward and Smith, P.A. Thank you. NEW HANOVER COUNTY 230 Gavcrtnrt tit Center t�ri�c Suite t I (t PLANNING & LAND USE wiltnta6Kari NC 26-W3 l t 4 t 0.198.1, 165 l+l"Iv 17II./T ORI T/ i!'t�L'1 910 ?'1.K-7Q53 fax �ti�w.nhcgav,rom APP0FNT)VJEA1T OF AGENT Please note that for quasi-judicial proceedings, either the true► uwncr or on atforne,. ~1 kw* present tur the cage at the public t►esrirtg. The undersigned (Iwn:r JtYeA hereby appoint skn auihorirlv�l the agent drwr-ihcc3 herein as their cxclusi.c aernt rut, the purpn*c of petitioning New I latwver County for a variance, special use Pemlit, running rryuea, and'or an appeal of 5tatf dtrisions applicable to the property der cribed in the attached Petition. The Agent is hctebY atnhorizcd to. on behalf" of the Prvperty owner 1. submit a propc,r fcUtion and the rewired supplemental information and materialh 2. appeal at public tttectinp to give reprewntatiotl and commitments on behalf of the propenY owner ?, Act on the property� otvnet'S behalf without (imitations with regard to any and all thins directly or indircoly connected with ar arising out of any petition applicable to the New Hanover Cattnty Zoning Qrtlinancc. A,%cr►t latarmtWa %otw hompum Thrift, Devel i�{irIItJ II 1 Monument Circe, Suite W* Eat}' stsw' zip ino"voHs, IN, 4620 tt.853.5473 Caw NROArr ittr0te : <�w !**Ww Inc, FA tiotdagz, LLC rM�eP taaMc 3 Ar IM . - Cti��. SlrttG l`.1Et tt.tWVW "Pow" j� Juno 1 his drx:unwnt was willttiliy executed on rite U day of Subject 124 Carohrw 8sach Rtwd No,. Nw. Zia iktanst,,, k. 26,412 '"wi to it"N"01 by, 21 . 10 Q��t a1���-'�i 1 lN� l�'1 �� �iGGr.�✓CS' L L� pu�cr l Stgnt+turc 0%,ner 2 Signature t7N 14 Board of Commissioners - February 7, 2022 ITEM: 8 - 7 - 14 Report of Community Meeting Proposed Rezoning from B-2 to RMF-M(CD) 6124 Carolina Beach Road Thompson Thrift Development, Inc. The undersigned hereby certifies that written notice of a community meeting for the above referenced rezoning proposal was mailed via First Class Mail to all property owners within five hundred feet (500') of the subject property as listed on the New Hanover County ("County") tax records and based upon a list of recipients provided by New Hanover County, and that the same was submitted to the County planning department for e-mail distribution via the "Sunshine List" on May 27, 2021. A list of all adjacent property owners to whom written notice was mailed is attached to this report as Exhibit A. A copy of the written notice is attached as Exhibit B. A list of the parties who registered to attend the meeting is attached at Exhibit C, and a list of those who attended is attached as Exhibit D. The meeting was held on June 7, 2021 at 5:30pm. In light of the ongoing COVID-19 pandemic, the meeting was held electronically via Zoom videoconference. The community meeting notice provided information for attendees to register for and attend the Zoom meeting. On behalf of the applicant, Thompson Thrift Development, Inc. ("Thompson Thrift"), the following people were in attendance: Jesse Houghtalen with Thompson Thrift; Richard Collier with McKim Creed Engineering; and Samuel Franck with Ward and Smith, P.A. attorneys. The following issues were discussed at the meeting: • Stormwater management; • Traffic impact; • Drainage; • Road and infrastructure improvements; • Building height and sight line impacts; • Buffers and setbacks; • Aesthetic construction of the development; • Access and road connections to adjacent neighborhoods; • Utility service to the development site; • Estimated construction and phasing schedule; and • Thompson Thrift's experience developing similar projects. Consistent with the comments and questions from the neighbors expressed at the meeting, the following have been incorporated into the proposed development: • The stormwater management program will focus on maintaining the lack of stormwater impacts on adjacent properties; 1 Board of Commissioners - February 7, 2022 ITEM: 8 - 7 - 15 Attention will be given to limiting height and view impacts by thoughtful location of structures on the Property; and Mature landscaping buffers including significant tree coverage along the residential -adjacent portions of the property will not be disturbed, so as to limit visual, light, and sound impacts from the property Respectfully submitted, Thompson Ift eve o ment, Inc. By: Sa ck, attorney and agent for applicant Ward and Smith, P.A. Date: \ , 2021 Board of Commissioners - February 7, 2022 ITEM: 8 - 7 - 16 Exhibit A List of Adjacent Property Owners Who Received Notice Owner Address ALBION ENTERPRISES PO BOX 667 ARCHULETA NOBERT F 6140 CAROLINA BEACH RD UNIT 36 ARFA HOLDINGS LLC 2020 CHURCHILL DR S AUTRY BRIAN E KRISTA B 6058 OTTER TAIL TRL AUTRY JAMES JULIA 920 RIVAGE PROMENADE BANNERMAN PATRICIA A 437 LIGHTNING WHELK WAY BARE SHANA SCOTT 408 LIGHTNING WHELK WAY BAXLEY NANCY J 6140 CAROLINA BEACH RD UNIT 43 BEAU RIVAGE GOLF & RESORT LLC 649 BEAU RIVAGE PROMENADE BEAU RIVAGE HOA 2018 EASTWOOD RD SUITE 305 BOCNUK BRIAN MICHAEL MELISA Y CRAFT 808 RIVAGE PROMENADE BOLZ PROPERTIES LLC 277 LODER AVE BRADY CHRISTOPHER 804 RIVAGE PROMENADE BRIDGMAN WILLIAM 435 LIGHTNING WELK WAY BULLOCK POPE LEIGH A 6018 LETTERED OLIVE PL BURNS FULTON LENAIR JR 6140 CAROLINA BEACH RD UNIT 13 CANADY JAMES LEROY 6140 CAROLINA BEACH RD UNIT 20 CAPE MELISSA L NICHOLAS C FEESER 800 RIVAGE PROMENADE CHRISTY NATHAN G SHEENA K 732 RIVAGE PROMENADE CLONTZ RONALD J TERESA A 821 RIVAGE PROMENADE Board of Commissioners - February 7, 2022 ITEM: 8 - 7 - 17 COPE SHARON C 433 LIGHTNING WHELK WAY COSTIGAN JOSEPH W CONSTANCE C 913 RIVAGE PROMENADE CUMBEE MARLENE CASAS 6140 CAROLINA BEACH RD UNIT 47 CURL NATHAN D ETAL 1296 JIM CAVDILL RD DEBRAGGA DONALD S SHARON A 12827 POINT PLEASANT DR DEWID DIANE 6014 LETTERED OLIVE PL DGB INVESTMENTS LLC 701 HAMLET AVE DOWLING GERARD J BARBARA A 701 BURROUGHS DR DUKAS CONSTANTINE 6013 SLIPPER SHELL ST DUNHUBER FRANK X JR PO BOX 99472 E A SIMPSON & ASSOCIATES INC 7426 JANICE LN ECHO BEAU RIVAGE LLC 560 EPSILON DR EFTING ALAN E GLORIA J 4233 THURSLEY RD ELDRIDGE ASHLEY 6036 BANDED TULIP DR ENYART MICHAEL J 6140 CAROLINA BEACH RD UNIT 35 EVANSEK ELIZABETH J 6016 SLIPPER SHELL ST FARIDY FUZAIL F OROOS JABIN 10925 PARK RD FERRARA CHARLES T DIANE R 107 OLD BIRCH CT FIELDS DEBORAH LIVING TRUST 7620 EASTBOURNE RD FLORENCE KENNETH J TRACEY C 825 RIVAGE PROMENADE FOGLEMAN F M 109 HINTON AVE FOGLEMAN LAILA 116 RICE RD FOGLEMAN VANN LAILA M 116 RICE RD FURLOUGH ALAN R FRANCES L 6140 CAROLINA BEACH RD UNIT 14 Board of Commissioners - February 7, 2022 ITEM: 8 - 7 - 18 G & B CAROLINA BEACH LLC 4236 BURNING TREE DR GIBNEY ANN S 6018 SLIPPER SHELL ST GRILLO JOSHUA SLOCUM 3644 VILLA TERRACE GUVEN GULBAHAR ETAL 6015 LETTERED OLIVE PI, HAGINS DAVID M CAROLYN M 929 RIVAGE PROMENADE HAIGLER TED W 904 RIVAGE PROMENADE HALL SARAH COX PO BOX 36 HALL VAUGUS WAYNE SARAH NANNETTE 6140 CAROLINA BEACH RD 12 UNIT HARRIS HOLDINGS LLC 213 DORCHESTER PL HARRISON SHIRLEY WATKINS HRS 512 MANASSAS DR HEINS AUDRA 6024 BANDED TULIP DR HEISTERBORG DANIEL 6140 CAROLINA BEACH RD 19 UNIT HIGHSMITH JOSEPH H JR HELENA B 824 RIVAGE PROMENADE HT FUEL NC LLC 701 CRESTDALE RD JENSEN KATHY A 6140 CAROLINA BEACH RD 49 UNIT JOHNSON BERNADETTE 912 RIVAGE PROMENADE JONES DENISE M 917 RIVAGE PROMENADE JONES JOHN J J MARGARET A 936 RIVAGE PROMENADE JOYCE DANIEL P RACHEL C T 916 RIVAGE PROMENADE KELLY EVERETT K LOIS W 516 MANASSAS DR KINLEY REGINA KAY 424 LIGHTNING WHELK WAY KUFFEL LEO F CARON A TAYLOR 941 RIVAGE PROMENADE LAFAVE DAVID W 6140 CAROLINA BEACH RD 10 UNIT LANIER MICHAEL E LEANN 908 RIVAGE PROMENADE Board of Commissioners - February 7, 2022 ITEM: 8 - 7 - 19 LAVELLE JOHN EILEEN RUCH 7824 COXE LN LAVERN MARY E 6038 BANDED TULIP DR LEWIS DEBRA FLOWERS 3482 JONES COVE RD LIZOTTE DONALD KAREN 901 RIVAGE PROM LONG JACQUELINE 13807 SIGLER ST LONG ROY T JERRY P 6140 CAROLINA BEACH RD UNIT 17 LOUIS JEAN P DANIELE A 728 RIVAGE PROMENADE MAGINNES PHILIP JENNIFER 402 PIERPOINT DR MARBET INC 7426 JANICE LN MARINE ONE LLC 5307 DUNMORE RD MASONBORO LANDING BUS CTR OWNER ASSN 7426 JANICE LN MCDONALD GENE D 6140 CAROLINA BEACH RD UNIT 9 MCIVER MOSES HATTIE COOPER 820 RIVAGE PROMENADE MCVICAR WILLIAM G 416 LIGHTNING WHELK WAY MEISTER GALE PO BOX 1199 MENZER MELODY ETAL 426 LIGHTNING WHELK WAY MEYERS RODNEY A JANICE M 928 RIVAGE PROMENADE MIDDLE SOUND INVESTMENTS INC 7627 MARKET ST SUITE 3 MILLS REBECCA P 729 RIVAGE PROMENADE MOTT GREGORY D SHANNON W 944 RIVAGE PROMENADE MURPHY JANE 733 RIVAGE PROMENADE MURPHY MICHAEL JOCELYN K 111 WAGON WHEEL DR MURPHY THOMAS CLAIRE ETAL 259 61ST AVE NANAK INCORPORATED 6134 CAROLINA BEACH RD Board of Commissioners - February 7, 2022 ITEM: 8 - 7 - 20 NEW HANOVER COUNTY 230 GOVERNMENT CENTER DR SUITE 190 NEW HANOVER COUNTY ABC BOARD 6009 MARKET ST NGUYEN TIFFANY P 805 RIVAGE PROMENADE NIXON LEWIS D 6016 LETTERED OLIVE PL NORRIS AMANDA M 724 RIVAGE PROMENADE NSA PROPERTY HOLDINGS LLC 9226 TEDDY LN SUITE 100 ORTEGA JANIE TRUSTEE 725 RIVAGE PROMENADE PAREDES OTILIO B NANCY E N ANZURES 6140 CAROLINA BEACH RD UNIT 7 PARSONS CARLA RENE PO BOX 36 PETERSON CURTIS R JR FAYE M 406 LIGHTNING WHELK WAY PHAM VIET DO ETAL 937 RIVAGE PROMENADE PRITCHARD THOMAS KIRSTEN 909 RIVAGE PROMENADE QUATE PAULA 6140 CAROLINA BEACH RD UNIT 46 RAMIREZ JACINTO G ETAL 6140 CAROLINA BEACH RD UNIT 16 REXROAD ROBERT O LINDA L 933 RIVAGE PROMENADE ROBERTS SUSAN R 6017 SLIPPER SHELL ST ROUSH JENNIFER H 6019 SLIPPER SHELL ST SABIN KEITH JR 720 RIVAGE PROMENADE SCHNUR MATTHEW R KATHRYN W 816 RIVAGE PROMENADE SHOOK AARON C 6031 BANDED TULIP DR SOUTH RIDGE MOBILE HOME PK HOA PO BOX 1537 SPARROW ISSAAC J 5000 SPLIT RAIL DR STATILE RICHARD B PATRICIA A 905 RIVAGE PROMENADE STOKES GEORGE E III DIANNE P 940 RIVAGE PROMENADE DR Board of Commissioners - February 7, 2022 ITEM: 8 - 7 - 21 SYLVAIN HOPE F 6025 BANDED TULIP DR TATO DANIEL C MAUREEN E 1000 RIVAGE PROMENADE THEODORAKIS ANTHONY N KIM W 924 RIVAGE PROMENADE THOMPSON LAUREN E 6028 BANDED TULIP DR TOMPKINS JACK A JR LANI M HASHIMOTO 925 RIVAGE PROMENADE TOWNES @ MARKETPLACE OWNERS ASSN 6105 OLEANDER DR WALKER SHARON K ETAL 120 WETLAND DR WALTERS RANDY RAY 6140 CAROLINA BEACH RD UNIT 45 WEAVER RICKY H 812 RIVAGE PROMENADE WFCLHK PROPERTIES LLC 8620 RIVER RD WHITE OTIS JESSE BARBARA G 365 CORNUBIA DR WHITMAN MARIE 6026 BANDED TULIP DR WHITTAKER RONALD E BETTY E 817 RIVAGE PROMENADE WILLIAMS DENISE MCCOY 6140 CAROLINA BEACH RD UNIT 48 WILLIAMS JESSICA L MATTHEW P ETAL 813 RIVAGE PROMENADE YENSER SCOTT CINDY 6140 CAROLINA BEACH RD UNIT 37 YOPP ERIC JENNIFER 809 RIVAGE PROMENADE YOUNG GERALD W DARLENE S 900 RIVAGE PROMENADE ZWAN FRANCIS X 945 RIVAGE PROMENADE Board of Commissioners - February 7, 2022 ITEM: 8 - 7 - 22 Exhibit B Copy of Community Notice (attached) Board of Commissioners - February 7, 2022 ITEM: 8 - 7 - 23 NNSWARDAND SMITH, PA. SAMUEL B, FRANCK, Attorney at Law 127 Racine Drive P: 910,794.4835 University Corporate Center (28403) F: 910.794,4877 Post Office Box 7068 sbf@wardandsmith.com Wilmington, NC 28406-7068 May 27, 2021 TO: Adjacent and Nearby Property Owners and Residents FROM: Thompson Thrift Development, Inc. RE: Notice of Community Meeting — 6124 Carolina Beach Rd. Rezoning Dear Neighbors, This is a notice of a community meeting for all Adjacent and Nearby Property Owners in the proximity of property located at 6124 Carolina Beach Road (Parcel ID No. R07900-001- 014-002)) (the "Property"). Thompson Thrift Development, Inc. ("TTD") is seeking to rezone the Property from its current zoning of Regional Business ("B-2") to Residential Multi -Family Moderate Density ("RMF-M") to allow the development of a residential community. A proposed site plan showing the development concept is included with this notice for your reference. The RMF-M zone would allow approximately three hundred forty (340) residential dwellings on the Property, in lieu of the commercial and retail use permitted today under the B-2 zoning. TTD's plan of development contemplates the construction of fifteen (15) multi -family buildings, two stories in height, with approximately three hundred (300) total dwellings as depicted on the site plan. We look forward to describing owner's plans for the Property in greater detail, and answering any questions you have about the project. With respect to everyone's safety and the COVID-19 pandemic, and after careful consideration of how to solicit meaningful feedback from our neighbors while exercising social distancing measures, we will hold this meeting in a virtual setting via a Zoom meeting on June 7, 2021 at 5:30pm. To register to attend this community meeting, please visit: https:/ibit.ly/36AWagq After registering, you will receive a confirmation email containing information about joining the webinar. In the alternative, you may email us at rsvp@wardandsmith.com and we will send the above link to your email address. If you have any questions regarding the topics to be covered in the meeting, or wish to comment on the proposed rezoning outside the context of this community meeting, please write or call Jesse Houghtalen, a representative of TTD, at jhoughtalen@watermarkal)artments.com or (317) 853-5473. ASHEVILLE GREENVILLE NEW BERN RALEIGH WILMINGTON Board d'f`MrWffA11ruary 7, 2022 ITEM: 8 - 7 - 24 WARDAND SMITH, P.A. Community Meeting Notice Page 2 ND: 4812-6221-3610, v est regards, am ranck 0 1 to Thompson Thrift Development, Inc. Board of Commissioners - February 7, 2022 ITEM: 8 - 7 - 25 Exhibit C Parties who Registered for Community Meeting Attended First Name Last Name Email Yes Geoffrey King 2nckings@gmail.com Yes Douglas Kramer dkramerl@charter.net Yes Michael & Leann Lanier leanlanier624@gmail.com Yes Rich Leffler rich.leffler@yahoo.com Yes Kathryn Schnur kathryngws@hotmail.com Yes Nicole Smith nismith@nhcgov.com Yes Deborah Williams theladyinthewest@gmail.com Yes Frances ffurlough@bellsouth.net No Michael Habash michael.habashl@gmail.com No Joseph Harris III net5millin5years@gmail.com No Christopher Klos Cklos88@gmail.com No Douglas Kramer Dkramerl@charter.net 11 Board of Commissioners - February 7, 2022 ITEM: 8 - 7 - 26 Exhibit D Community Meeting Attendees First Name Last Name Property Address Geoffrey King 472 Glenn Ellen Dr. Douglas Kramer 385 Glenn Ellen Dr. Michael & Leann Lanier 908 Rivage Promenade Rich Leffler 1129 Matteo Drive, Apartment 311 Kathryn Schnur 816 Rivage Promenade Nicole Smith N/A Deborah Williams N/A Frances Furlough 6140 Carolina Beach Rd., Unit 14 ND: 4840-4022-1168, v. 1 12 Board of Commissioners - February 7, 2022 ITEM: 8 - 7 - 27 PROPOSED SITE PLAN Board of Commissioners - February 7, 2022 ITEM: 8 - 8 - 1 30' BUFFER STRIP PER 30' HEAVILY LANDSCAPED BUFFER - PLAT BOOK 28 PAGE 148 OWNED BY BEAU RIVAGE HOMEOWNER'S ASSOCIATION 3/4" PIPE N/F .. ... a .. DAVID W. LAFAVE � s PLAT BOOK 33 PAGE 66 N/F SARA COX HALL PLAT BOOK 33 PAGE 66 N/F VAUGUS WAYNE & SARAH NANETTE HALL PLAT BOOK 33 PAGE 66 N/F FULTON LENAIR BURNS JR. PLAT BOOK 33 PAGE 66 N/F ALAN R. & FRANCES L. FURLOUGH PLAT BOOK 33 PAGE 66 N/F WFCLHK PROPERTIES LLC PLAT BOOK 33 PAGE 66 N/F MARINE ONE LLC DEED BOOK 2677 PAGE 394 I I N/F ARFA HOLDINGS LLC DEED BOOK 3799 PAGE 917 ZONING: R-15 LAND USE: VACANT _ZONING: R-15 ZONING: B-2 N/F ARFA HOLDINGS LLC DEED BOOK 3799 PAGE 917 ZONING: B-2 LAND USE: VACANT PLAN IS CONCEPTUAL AND SUBJECT TO CHANGE WITHOUT NOTICE Mcl<IM&CREED 20' BUFFER 20' SIDE SETBACK I GRAVEL ROAD 30' INGRESS & UTILITY EASEMENT 8 BAY ADA GARAGE 20' SIDE SETBACK 8 BAY ADA GARAGE - 8 BAY GARAGE (TYP.) INCOMING TRAFFIC HAS RIGHT OF WAY r-- EXISTING SOUTHBOUND U-TURN (160' PUBLIC RIGHT OF WAY) EXISTING NCDOT OVERHEAD SIGN - 20' BUFFER - 25' REAR SETBACK I INFILTRATION BASIN ±2.0 ac i I / N/F ARFA HOLDINGS LLC ] DEED BOOK 3799 PAGE 917 I6124 CAROLINA BEACH ROAD / TRASH / ].. COMPACTOR i �� MAX STREET YARD — -- 7' — — — 1" PINCHED PIPE HAS RIGHT OF TRAFFIC IMPACT STUDY IN PROGRESS. HAS RIGHT OF WAY DRIVEWAY AND TURN LANES DESIGN TO — , — BE COORDINATED WITH NCDOT (TYP.) 1 II- - '--- EXISTING NORTHBOUND U-TURN PROPOSED LEFT -OVER ACCESS WATERMARK AT WILMINGTON C.AROLINA BEACH ROAD N/F NSA PROPERTY HOLDINGS LLC DEED BOOK 6178 PAGE 2813 MAP BOOK 33 PAGE 66 20' SIDE SETBACK 8 BAY ADA GARAGE 35' FRONT SETBACK 20' SIDE SETBACK NEW PROPERTY LINE 10' SIGN SETBACK FROM PROPERTY LINE EXISTING NORTHERN BILLBOARD SITE DATA PARCEL IDENTIFICATION R07900-001-014-002 SITE ADDRESS 6124 CAROLINA BEACH ROAD EXISTING ZONING B-2 BUSINESS DISTRICT PROPOSED ZONING RMF-M(CD) RESIDENTIAL MULTI -FAMILY MODERATE DENSITY CONDITIONAL DISTRICT SITE ACREAGE 20.5 ACRES MAX BUILDING HEIGHT 45' SETBACKS LOCATION REQUIRED PROPOSED FRONT 35'-0" 97'-0" REAR 25'-0" 33'-0" SIDE 20'-0" 20'-0" BUILDING COUNT QUANTITY UNIT COUNT 20 UNIT BUILDING 15 300 OPEN SPACE 20% MIN. 45% PROVIDED PARKING COUNT QUANTITY TOTAL SPACES 8 BAY GARAGES 9 72 4 BAY GARAGES 4 16 4 BAY MAINTENANCE GARAGE 1 4 SURFACE PARKING 450 ADA ACCESSIBLE PARKING 2% OF TOTAL PARKING 12 REQUIRED 13 ADA VAN ACCESSIBLE PARKING 1/6 OF ADA PARKING SPACES 2 REQUIRED 4 TOTAL SPACES 559 PARKING RATIO (SPACES PER UNIT) 1.86 IMPERVIOUS AREA SF APARTMENT BUILDINGS 180,000 GARAGES 26,805 AMENITY CENTER 19,109 TRASH CENTER / PUMP STATION/ REC SPACE 7,200 ASPHALT 176,415 SIDEWALK 67940 TOTAL 477469 CONCEPTUAL SITE PLAN 12/20/2021 60' 0 60' 120' SCALE: 1 "=60' (Horiz.) Watermark, A r-x-vwl'+oa'lam-,'l CCy17%hy Board of Commissioners - February 7, 2022 ITEM: 8 - 9 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 2/7/2022 Regular DEPARTMENT: Planning PRESENTER(S): Julian Griffee, Current Planner CONTACT(S): Julian Griffee, Rebekah Roth, Planning & Land Use Director SUBJECT: Public Hearing Rezoning Request (Z21-20) - Request by Cindee Wolf with Design Solutions, Applicant, on Behalf of the Property Owners, Milton T Shaffer, III, and ABA Self Storage, LLC, to Rezone Approximately 1.93 Acres of Land Located at 4629 and 4631 Carolina Beach Road from (CZD) B-1, Conditional Neighborhood Business District, and (CZD) B-2, Conditional Regional Business District, to (CZD) B-2 Conditional Regional Business District BRIEF SUMMARY: The applicant is proposing to rezone 1.93 acres from CZD B-1 and CZD B-2 to CZD B-2 in order to develop an indoor recreational facility, general retail establishment, and animal grooming services. The existing CZD districts that apply to these properties were established in the early 2000s for projects that were not developed. Z-891 called for the build out of a development known as Belle Meade Centre. The approved land use plan had the use for these parcels as parking lots. Belle Meade Centre never built out as depicted within the approved Z-891. Any use other than the proposed parking lot approved in Z-891 requires a rezoning of these parcels. The applicant indicates that the use of the subject property will be for a 22,000 sf structure, which includes approximately 17,000 sf intended for an indoor recreation facility and the remaining 5,000 sf will be designed as store- front units for uses such as general retail sales and animal grooming services. Under the proposed conditional B-2 zoning, the types of uses on the site would be limited to indoor recreational facilities, general retail sales and animal grooming services. Asdefined within the UDO, an indoor recreation establishment is a commercial establishment that provides indoor facilities for recreation, entertainment (except adult entertainment), or amusement, including but not limited to: bowling alleys, pool rooms, indoor sports gymnasiums, movie theaters and live theaters, indoor ice skating rinks, video arcades, and indoor shooting ranges. The proposed square footage allotted for the indoor recreation use would likely influence the type and scale of indoor recreation possible. Under the current zoning conditions, the parcels could only be developed into parking lots tied to an obsolete use. As such, no peak hour trips would be anticipated for the site. Under the proposed zoning district, an approximate 17,000 sf indoor recreation facility and 5,000 sf of general retail and animal grooming services commercial space would be developed. A development of this scale is estimated to generate about 46 trips in the AM and 73 trips in the PM peak hours. 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). The subject property is located along a major roadway corridor, Carolina Beach Road. The subject site abuts mini - storage facilities on two sides, the Carolina Beach ROW to the south and west, and a multi -family development to the south and east. The multi -family development is located within the City of Wilmington. Board of Commissioners - February 7, 2022 ITEM: 9 The proposal is located between the Monkey Junction intersection and the proposed Fairfield Park mixed -use development where transitional service uses and low traffic generators could be appropriate. The proposed CZD B-2 rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because the proposed uses are in line with those recommended for Community Mixed Use place types, the district is located within a transitional area, and the uses around the subject site are a mix of commercial, residential, and institutional. The Planning Board considered this application at their January 6, 2022 meeting. No one spoke in support of or in opposition to the request. Members of the Planning Board expressed concern about the architectural aesthetic of the proposed structure. Based on comments and feedback received during the hearing, the applicant has agreed to a condition regarding the architectural design and materials of the southwestern and southeastern facing sides of the structure. The Planning Board recommended approval of the petition (5-0) with the following condition: 1. The applicant shall construct the southwestern and southeastern facing facades of the structure with heightened architectural materials and/or architectural features beyond the standard industrial style of sheathing. The Planning Board found the application to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed uses are more in line with those recommended for Community Mixed Use areas than the existing zoning. The Planning Board also found APPROVAL of the rezoning request is reasonable and in the public interest because the proposed district would allow for use of the property, includes relatively low traffic generators, and is located in a transitional area between the Monkey Junction commercial node and a mixed -use node under development. STRATEGIC PLAN ALIGNMENT: • Intelligent Growth & Economic Development o I ncrease the diversity and number of higher -wage jobs ■ Retain and grow existing businesses and jobs RECOMMENDED MOTION AND REQUESTED ACTIONS: As the proposed uses are in line with the recommendations for the Community Mixed Use place type, include relatively low traffic generators, are located within a transitional area and are surrounded by a variety of commercial, residential, and institutional uses, staff recommends approval of this application and suggests the following motion: I move to APPROVE the proposed rezoning to a CZD-B-2 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the district would allow uses more in line with those recommended for Community Mixed Use areas than the existing zoning. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposed district would allow for use of the property, includes relatively low traffic generators, and is located in a transitional area between the Monkey Junction commercial node and a mixed -use node under development. Recommended condition: 1 . The applicant shall construct the southwestern and southeastern facing facades of the structure with heightened architectural materials and/or architectural features beyond the standard industrial style of Board of Commissioners - February 7, 2022 ITEM: 9 sheathing. Alternative Motion for Denial I move to DENY the proposed rezoning to a CZD B-2 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the district would allow uses more in line with those recommended for Community Mixed Use areas than the existing zoning, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the uses will adversely impact the adjacent areas. ATTACHMENTS: Z21-20 Script Z21-20 Staff Report Z21-20 Zoning Map Z21-20 Future Land Use Map Z21-20 Neighboring Properties Z21-20 Applicant Materials Coker Sheet Z21-20 Applicant Package Z21-20 Site Plan Co,.er Sheet Z21-20 Site Plan COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval with one condition as presented by staff. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - February 7, 2022 ITEM: 9 SCRIPT for Zoning Map Amendment Application (Z21-20) Request by Cindee Wolf, applicant, on behalf of the property owners, Milton T Shaffer, III, and ABA Self Storage, LLC, to rezone approximately 1.93 acres of land located at 4629 and 4631 Carolina Beach Road from CZD B-1, Conditional Neighborhood Business District, and CZD B-2, Conditional Regional Business District to CZD B-2, Conditional Regional Business District. 1 . This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant's presentation (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 rezoning to a CZD-B-2 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the district would allow uses more in line with those recommended for Community Mixed Use areas than the existing zoning. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposed district would allow for use of the property, includes relatively low traffic generators, and is located in a transitional area between the Monkey Junction commercial node and a mixed -use node under development. Recommended condition: 1 . The applicant shall construct the southwestern and southeastern facing facades of the structure with heightened architectural materials and/or architectural features beyond the standard industrial style of sheathing. Alternative Motion for Denial I move to DENY the proposed rezoning to a CZD B-2 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the district would allow uses in line with those recommended for Community Mixed Use areas than the existing zoning, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the uses will adversely impact the adjacent areas. Board of Commissioners - February 7, 2022 ITEM: 9 - 1 - 1 Alternative Motion for Approval/Denial: I move to [Approve/Deny] the proposed rezoning to a CZD B-2 Business district. I find it to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] I also find [Approval/Denial] of the rezoning request is reasonable and in the public interest because [insert reasons] Board of Commissioners - February 7, 2022 ITEM: 9 - 1 - 2 STAFF REPORT FOR Z21-20 ZONING MAP AMENDMENT APPLICATION APPLICATION SUMMARY Case Number: Z21-20 Request: Rezoning to CZD B-2 district Applicant: Property Owner(s): Cindee Wolf Milton T. Shaffer, III & ABA Self Storage, LLC Location: Acreage: 4629 & 4631 Carolina Beach Road 1.93 PID(s): Comp Plan Place Type: Parcel ID: R07000-004-005-000 Community Mixed Use & R07000-004-003-000 Existing Land Use: Proposed Land Use: Undeveloped & Vacant Indoor Recreational Facility, General Retail Sales and Animal Grooming Services Current Zoning: Proposed Zoning: CZD B-1, Conditional Zoning Neighborhood Business & CZD B-2, Conditional Zoning CZD B-2, Conditional Zoning Regional Business Regional Business ZONING- y .. i S` Or lip Site R-10 7 Z21-20 Staff Report 2.3.2022 Page 1 of 16 Board of Commissioners - February 7, 2022 ITEM: 9 - 2 - 1 SURROUNDING AREA LAND USE ZONING North Self -storage Facility CZD B-2 East Multi -family Housing Development Community Business (City of Wilmington) Carolina Beach Road Right -of -Way & Multi -family N/A & Community South Housing Development Business (City of Wilmington) West Carolina Beach Road Right -of -Way and Self -storage N/A & CZD B-2 Facility {, ,x d � �., �. i t :rk. � ��„� 1 � c' `•i' Y�, ��'��" .�..Mis�y'`�}y.4 "�h,�'rtl1� TK�j •�� •id�y.�" ,b${'�4e L� A � �; ��'Y. Gr���4.. y �i 1�1 ZONING HISTORY April 7, 1971 Initially zoned R-15 (Area 4) December 5, Both parcels rezoned to (CUD) B-1 (Z-821) for a mixed -use development 2005 containing uses allowed within the B-1 zoning district. December 1, Northern 1.7 acre parcel rezoned to (CUD) B-2 (Z-891) for a mixed -use 2008 development that included the use of a movie theater. The eastern .22 acre parcel was not included in this request. September 6, Adjacent parcel to the north that was apart of the original mixed -use 2016 development is rezoned to allow for a mini -warehouse storage use. The subject parcels were not a part of this rezoning. With the adoption of TA21-01, which incorporated the provisions of May 3, 2021 S.L.2019-1 1 1, CUD zoning districts were converted automatically to CZD zoning districts. Z21-20 Staff Report 2.3.2022 Page 2 of 16 Board of Commissioners - February 7, 2022 ITEM: 9 - 2 - 2 COMMUNITY SERVICES Water/Sewer Capacity available through CFPUA, properties are currently connected to sewer. Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire District, New Hanover County Station Myrtle Grove Schools Williams Elementary, Myrtle Grove Middle, and Ashley High schools Recreation Echo Farms Park, Arrowhead Park, Myrtle Grove Athletic Complex CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation Conservation Resource maps indicate that there are no conservation areas or wetlands present on site. Historic No known historic resources Archaeological No known archaeological resources PROPOSED USES & CONCEPTUAL PLAN • This application is proposing to rezone 1.93 acres from CZD B-1 and CZD B-2 to CZD B-2 in order to develop an indoor recreational facility, general retail establishment, and animal grooming services. • The applicant indicates that the use of the subject property will be for a 22,000 sf structure, which includes approximately 17,000 sf intended for an indoor recreation facility and the remaining 5,000 sf will be designed as store -front units for uses such as general retail sales and animal grooming services. • The conceptual plan shows the 22,000 sf structure in the rear, northwest corner of the subject site with parking between the structure and the adjacent multi -family parcel, and parking and a stormwater retention pond between the structure and Carolina Beach Road. Landscaping and buffering is proposed along the property line fronting Carolina Beach Road as well as along the property lines bordering the multi -family parcel. • According to the applicant, the proposed zoning will allow for encouraging and attracting new businesses along a commercial corridor in a way that is consistent with the 2016 Comprehensive Land Use Plan. Z21-20 Staff Report 2.3.2022 Page 3 of 16 Board of Commissioners - February 7, 2022 ITEM: 9 - 2 - 3 -j Ila LF!* .• I. �"r. -+i. .N'.�+:14"'nC.s;Si ". S;id.� 1' ii1E?!'-`4lYk*A. as rJ 11 k , Proposed Conceptual Site Plan with Staff Markups ZONING CONSIDERATIONS • The existing CZD districts that apply to these properties were established in the early 2000s for projects that were not developed. Z-891 called for the build out of a development known as Belle Meade Centre. The approved land use plan had the use for these parcels as parking lots. Belle Meade Centre never built out as depicted within the approved Z-891. • Any use other than the proposed parking lot approved in Z-891 requires a rezoning of these parcels. • While the B-2 zoning district allows a range of commercial uses, the Conditional Zoning District designation would limit the types of uses on the site to indoor recreational facilities, general retail sales and animal grooming services. • As defined within the UDO, an indoor recreation establishment is a commercial establishment that provides indoor facilities for recreation, entertainment (except adult entertainment), or amusement, including but not limited to: bowling alleys, pool rooms, indoor sports gymnasiums, movie theaters and live theaters, indoor ice skating sinks, video arcades, and indoor shooting ranges. The proposed square footage allotted for the indoor recreation use would likely influence the type and scale of indoor recreation possible. • Although no buffer is required between the proposed structure and the adjacent multi -family development, the applicant has proposed a 10' fenced transitional bufferyard. Z21-20 Staff Report 2.3.2022 Page 4 of 16 Board of Commissioners - February 7, 2022 ITEM: 9 - 2 - 4 The proposal is subject to the regulations within the UDO, including Section 5.5 — Exterior Lighting as well as state and county stormwater standards. AREA SUBDIVISIONS UNDER DEVELOPMENT City of Wilmington Z21-20 Staff Report 2.3.2022 f Whiskey Branch PD 290 0 290 Total 1 290 0 290 —Based on Building Permits and Aerial Photography' Page 5 of 16 Board of Commissioners - February 7, 2022 ITEM: 9 - 2 - 5 TRANSPORTATION • The parcels front and have direct access to Carolina Beach Road. • As depicted in the application materials, the parcels will have a right -in, right -out only access. • 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). • Under the current zoning conditions, the parcels could only be developed into parking lots tied to an obsolete use. As such, no peak hour trips would be anticipated for the site. • Under the proposed zoning district, an approximate 17,000 sf indoor recreation facility and 5,000 sf of general retail and animal grooming services would be developed. A development of this scale is estimated to generate about 46 trips in the AM and 73 trips in the PM peak hours. General retail uses typically generate the bulk of their trips during the PM hours as retail uses are often not the weekday rush hour destination for motorists. Z21-20 Staff Report 2.3.2022 Page 6 of 16 Board of Commissioners - February 7, 2022 ITEM: 9 - 2 - 6 The net change from the potential trip generation if the site were to be developed under the existing CZD B-1 and CZD B-2 districts to the development as requested within the proposed CZD B-2 district shows an approximate increase of 46 AM peak hour trips and an approximate decrease of 73 PM peak hour trips. General retail uses typically generate the bulk of their trips during the PM hours as retail uses are often not the weekday rush hour destination for motorists. Intensity Approx. Peak Hour Trips Existing Development: Undeveloped 0 AM / 0 PM Possible Development under Current CZD B-1 & CZD B-2 - - Zoning: 17,000 sf indoor recreation Potential Trip Generation facility & 5,000 sf general 46 AM / 73 PM under Proposed Zoning: retail and animal grooming services Potential Net Change under - 46 AM 73 PM Proposed Zoning: Because a TIA is not required to analyze transportation impacts at this time, Staff has provided the volume to capacity ratio for the adjacent roadway near the subject site. While volume to capacity ration, 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. However, the available volume to capacity data indicates capacity currently exists in this area. The most recent traffic counts in the area indicate capacity currently exists on the Carolina Beach Road corridor. WMPO Average Annual Daily Traffic (AADT) Road Location Volume Capacity V/C Carolina Beach Between Silva Terra Drive and 37,191 41,368 0.90 Road St. Andrews Drive Before any development can occur on this site, the Technical Review Committee will review all plans for compliance with applicable land use regulations, including any recommended roadway improvements from traffic impact analyses to ensure adequate traffic safety and distribution. Recommended roadway improvements will be completed as required by a TIA or through the NCDOT Driveway permitting process. Z21-20 Staff Report 2.3.2022 Page 7 of 16 Board of Commissioners - February 7, 2022 ITEM: 9 - 2 - 7 Nearby Planned Transportation Improvements and Traffic Impact Analyses Traffic Impact Analyses w k _ Approved { r j i - STIP Project r: U-5702B TIA Approved 21-201., _..._.. STIP Project MIIeS it � r 0 0.23 0.45 Nearby NC STIP Projects: • STIP Project U-5702B o Project encompasses access management improvement on College Road from Carolina Beach Road to Shipyard Boulevard. Project is scheduled after 2029. • STIP Project U-5790 o Project calls for improvements to the Monkey Junction (Carolina Beach Road, College Road, and Piner Road) intersection. Project is scheduled after 2029. Z21-20 Staff Report 2.3.2022 Board of Commissioners - February 7, 2022 ITEM: 9 - 2 - 8 Page 8 of 16 Nearby Traffic Impact Analyses: Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards. Approved analyses must be re-examined by NCDOT if the proposed development is not completed by the build out date established within the TIA. Proposed Development Land Use/Intensity TIA Status 1. Fairfield Park Mixed- Approved May 6, 2019 Use Development p 276 multi -family housing units Full build out 2021 The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Provide one ingress and one egress lane, provide stop control for the egress movement, and provide 100' internal protected stem at four intersections within the development. • Extend the northbound left turn lane to provide 500 feet of storage, 50 feet of full width deceleration, and 100 feet of taper at US 421 (Carolina Beach Road) at McCarley Boulevard Orchid Drive. Nearby Proposed Developments included within the TIA: • None. Development Status: Development and improvements are currently under construction. ENVIRONMENTAL • No portion of either parcels are located within an AE Flood -zone and AE Floodway. • The entire site is located within the Barnards Creek watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class II (moderate limitation). However, water and sewer is available through CFPUA. Z21-20 Staff Report 2.3.2022 Page 9 of 16 Board of Commissioners - February 7, 2022 ITEM: 9 - 2 - 9 EXAMPLES OF INDOOR RECREATION FACILITIES Existing Indoor Recreational Facilities: Defy Gravity Z21-20 Staff Report 2.3.2022 Defy Gravity Carolina Dog Sports 4 Page 11 of 16 Board of Commissioners - February 7, 2022 ITEM: 9 - 2 - 11 EXAMPLES OF RECENT B-2 DEVELOPMENTS OF SIMILAR SCALE Representative Regional Business Developments: Z21-20 Staff Report 2.3.2022 L.J Walgreens Benjamin Moore Paint Page 12 of 16 Board of Commissioners - February 7, 2022 ITEM: 9 - 2 - 12 CONTEXT AND COMPATIBILITY • The subject property is located at 4629 and 4631 Carolina Beach Road and is only accessible by Carolina Beach Road. • The site is adjacent to a self -storage facility on the western and northern boundaries and is bordered to the east by a multi -family development that is located within the City of Wilmington's municipal limits. Located across the street from the parcels are office and civic uses. • There are a mix of commercial and residential uses within the area. • The proposal is located between the Monkey Junction intersection and the proposed Fairfield Park mixed -use development where transitional service uses and low traffic generators could be appropriate. • The applicant has proposed a landscaped buffer between the proposed development and the adjacent multi -family use. Z21-20 Staff Report 2.3.2022 Page 13 of 16 Board of Commissioners - February 7, 2022 ITEM: 9 - 2 - 13 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. U Future Land Use Community Mixed Use Map Place Type Focuses on small-scale, compact, mixed use development patterns that Place Type serve all modes of travel and act as an attractor for county residents and Description visitors. Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi -family and single-family residential. The subject property is located along a major roadway corridor, Carolina Beach Road, and is surrounded by a storage facility to the north and east and a multi -family development to the south and east that is located within the City of Wilmington's municipal limits. The Comprehensive Plan classifies the property as Commercial Mixed Use, which allows for low to moderate intensity retail and services that can support nearby neighborhoods. The Community Mixed Use place type Analysis designation encourages a mix of uses, including single- and multi -family residential, commercial, civic, mixed -use, and recreational uses. Typical zoning associated with this place type includes moderate density residential, commercial, office and institutional, and mixed -use. The proposed CZD B-2 rezoning is more consistent with the commercial uses and intensity recommended in the Comprehensive Plan than the limited development allowed within the existing CZD B-1 and CZD B-2 zoning districts. The proposed CZD B-2 rezoning is generally CONSISTENT with the 2016 Consistency Comprehensive Plan because the proposed uses are in line with those Recommendation recommended for Community Mixed Use place types, the district is located within a transitional area, and the uses around the subject site are a mix of commercial, residential, and institutional. Z21-20 Staff Report 2.3.2022 Page 14 of 16 Board of Commissioners - February 7, 2022 ITEM: 9 - 2 - 14 PLANNING BOARD MEETING The Planning Board considered this application at their January 6, 2022 meeting. No one spoke in support of or in opposition to the request. Members of the Planning Board expressed concern about the architectural aesthetic of the proposed structure. Based on comments and feedback received during the hearing, the applicant has agreed to a condition regarding the architectural design and materials of the southwestern and southeastern facing sides of the structure. The Planning Board recommended approval of the petition (5-0) with the following condition: The applicant shall construct the southwestern and southeastern facing facades of the structure with heightened architectural materials and/or architectural features beyond the standard industrial style of sheathing. The Planning Board found the application to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed uses are in line with those recommended for Community Mixed Use areas than the existing area. The Planning Board also found APPROVAL of the rezoning request is reasonable and in the public interest because the proposed district would allow for use of the property, includes relatively low traffic generators, and is located in a transitional area between the Monkey Junction commercial node and a mixed -use node under development. Z21-20 Staff Report 2.3.2022 Page 15 of 16 Board of Commissioners - February 7, 2022 ITEM: 9 - 2 - 15 STAFF RECOMMENDATION As the proposed uses are in line with the recommendations for the Community Mixed Use place type, include relatively low traffic generators, are located within a transitional area and are surrounded by a variety of commercial, residential, and institutional uses, staff recommends approval of this application and suggests the following motion: I move to recommend APPROVAL of the proposed rezoning to a CZD-B-2 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the district would allow uses more in line with those recommended for Community Mixed Use areas than the existing zoning. I also find recommending APPROVAL of the rezoning request is reasonable and in the public interest because the proposed district would allow for use of the property, includes relatively low traffic generators, and is located in a transitional area between the Monkey Junction commercial node and a mixed -use node under development. Recommended condition: 1 . The applicant shall construct the southwestern and southeastern facing facades of the structure with heightened architectural materials and/or architectural features beyond the standard industrial style of sheathing. Alternative Motion for Denial I move to recommend DENIAL of the proposed rezoning to a CZD B-2 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the district would allow uses in line with those recommended for Community Mixed Use areas than the existing zoning, I find recommending DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the uses will adversely impact the adjacent areas. Z21-20 Staff Report 2.3.2022 Page 16 of 16 Board of Commissioners - February 7, 2022 ITEM: 9 - 2 - 16 r.%.m Um 4D ,C- I TY, Case: Site Address: Existing Zoning/Use: Proposed Zoning/Use: N Z21-20 4629 & 4631 CZD B-2 CZD B-2 Carolina Beach Rd & CZD B-1 Ak Subject Site J 606 1. 4435 R. . • 4539 7i Est 609 • k 1133 1�137 �'?d 11129" 4615 1� 223 • 45521'4550 • a • 4629 9 1130 4610 4631 + •�1109 1120 4580 4620 • • 111'0 5 4616 9 ,7 • • 13 6 • 10� oa of Co missi ers ary 20 �, Hover County, NC [:]Neighboring Parcels i M: s APPLICANT MATERIALS Board of Commissioners - February 7, 2022 ITEM: 9 - 6 - 1 R t f Y y r 71 jL t t oe Y tl of Commi4 ers - February 7, 2022 ITEM: 9 - 7 - 1;., CITY R-15 ref sioners - February 7, 2022 M:9 - 7 - 2 ._, - 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 CONDITIONAL ZONING APPLICATION This application form must be completed as part of a conditional zoning application submitted through the county's online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the application, are set out in Section 10.3.3 of the Unified Development Ordinance. (Optional) Pre -Application Conference momi 1. Applicant and Property Owner Information Applicant/Agent Name Owner Name (if different from Applicant/Agent) Milton T Shaffer, III Cindee Wolf Company Company/Owner Name 2 Design Solutions ABA Self Storage, L.L.C. Address Address Owner #1: 5616 Oak Bluff Lane P.O. Box 7221 Qwner #2: 6635 Gordon Road City, State, Zip City, State, Zip Owner #1: Wilmington, NC 28409 Wilmington, NC 28406 Owner #2: Wilmington, NC 28411 Phone Phone 910-262-8945 (Contact: Debbie Russ/ 910-620-2374 Contract Purchaser) Email Email cwolf@lobodemar.biz debbie.russ@bellsouth.net Board of Commissioners - February 7, 2022 Page 1 of 6 ITEM: 9 - 7 -6onditional Zoning District Application — Updated 1 2-2020 2. Subject Property Information Address/Location Parcel Identification Number(s) 4629 & 4631 Carolina Beach Road 312520.90.8351 & 312520.90.8152 Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification 1.93 ac. +/- (CUD) B-2 & (CUD) B-1 Community Mixed -Use 3. Proposed Zoning, Use(s), & Narrative Proposed Conditional Zoning District: (CZD) B-1 Total Acreage of Proposed District: 1.93 ac. +/- Please list the uses that will be allowed within the proposed Conditional Zoning District, the purpose of the district, and a project narrative (attach additional pages if necessary). Note: Only uses permitted in the corresponding General Use District are eligible for consideration within a Conditional Zoning District. The development proposes 18,000 square feet of commercial space. Roughly 14,400 s.f. are intended for an indoor recreation facility, and the remaining 3,600 s.f. will be desgined as store -front units for uses such as animal grooming services & general retail sales. 4. Proposed Condition(s) Note: Within a Conditional Zoning District, additional conditions and requirements which represent greater restrictions on the development and use of the property than the corresponding general use district regulations may be added. These conditions may assist in mitigating the impacts the proposed development may have on the surrounding community. Please list any conditions proposed to be placed on the Conditional Zoning District below. Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process. Reference the attached "Concept Plan" for site layout, proposed improvements and details. Board of Commissioners - February 7, 2022 Page 2 of 6 ITEM: 9 - 7 -conditional Zoning District Application — Updated 1 2-2020 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: 14,400 s.f.+/- Recreation Center (ITE 492) / 3,600 s.f.+/- Pet Supply (ITE 866) Trip Generation Use and Variable (gross floor area, dwelling units, etc.) Based on KSF AM Peak Hour Trips: 20 + 0 = 20 I PM Peak Hour Trips: 51 + 12 = 63 6. Conditional Zoning District Considerations The Conditional Zoning District procedure is established to address situations where a particular land use would be consistent with the New Hanover County 2016 Comprehensive Plan and the objectives outlined in the Unified Development Ordinance and where only a specific use or uses is proposed. The procedure is intended primarily for use with transitions between zoning districts of dissimilar character where a particular use or uses, with restrictive conditions to safeguard adjacent land uses, can create a more orderly transition benefiting all affected parties and the community at -large. The applicant must explain, with reference to attached plans (where applicable), how the proposed Conditional Zoning district meets the following criteria. 1. How would the requested change be consistent with the County's policies for growth and development, as described in the 2016 Comprehensive Plan, applicable small area plans, etc. The policies for growth and development encourage continued efforts to maintain existing businesses, and attract new ones. The property is along a commercial corridor where business activities and services are most convenient to the surrounding residential communities. Sustainability of the County depends on sensible in -fill and maximizing land use. Board of Commissioners - February 7, 2022 Page 3 of 6 ITEM: 9 - 7 -Conditional Zoning District Application — Updated 1 2-2020 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 tract is identified in the Comprehensive Land Use Plan as a "Community Mixed -Use" place -type. The plan suggests higher densities or more intensive uses to support the sourrounding residential neighborhoods. The proposed project is an acceptable transition use along the busy road corridor. 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? The subject property was zoned as a conditional use district only as a place -holder for future development. The current restriction on use is for the property to remain vacant. Modifying the existing business zone for a specific Conditional District, will allow sensible use of the property, and still protect adjacent properties with the required development standards and mitigation of impacts. Board of Commissioners - February 7, 2022 Page 4 of 6 ITEM: 9 - 7-&nditional Zoning District Application — Updated 1 2-2020 Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under "Applicant Initial". If an item is not applicable, mark as "N/A". Applications determined to be incomplete must be corrected in order to be processed for further review; Staff will confirm if an application is complete within five business days of submittal. Application Checklist ❑ This application form, completed and signed Application fee: Applicant Initial CeW ❑ • $600 for 5 acres or less • $700 for more than 5 acres • $300 in addition to base fee for applications requiring TRC review CW ❑ Community meeting written summary CW ❑ Traffic impact analysis (if applicable) N/A ❑ Legal description (by metes and bounds) or recorded survey Map Book and Page Reference of the property requested for rezoning CW Conceptual Plan including the following minimum elements: ❑ Tract boundaries and total area, location of adjoining parcels and roads • Proposed use of land, building areas and other improvements o For residential uses, include the maximum number, height, and type of units; area to be occupied by the structures; and/or proposed subdivision boundaries. o For non-residential uses, include the maximum square footage and height of each structure, an outline of the area structures will occupy, and the specific purposes for which the structures will be used. • Proposed transportation and parking improvements; including proposed rights -of -way and roadways; proposed access to and from the subject site; arrangement and access provisions for parking areas. • All existing and proposed easements, required setbacks, rights -of -way, and buffers. • The location of Special Flood Hazard Areas. • A narrative of the existing vegetation on the subject site including the approximate location, species, and size (DBH) of regulated trees. For site less than 5 acres, the exact location, species, and sized (DBH) of specimen trees must be included. • Approximate location and type of stormwater management facilities intended to serve the site. • Approximate location of regulated wetlands. • Any additional conditions and requirements that represent greater restrictions on development and use of the tract than the corresponding general use district regulations or additional limitations on land that may be regulated by state law or local ordinance CW ❑ 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. CW ❑ One (1) digital PDF copy of ALL documents AND plans CW Board of Commissioners - February 7, 2022 Page 5 of 6 ITEM: 9 - 7-C7onditional Zoning District Application — Updated 1 2-2020 7. Acknowledgement and Signatures By my signature below, I understand and accept all of the conditions, limitations, and obligations of the Conditional Zoning District zoning for which I am applying. I understand that the existing Official Zoning Map is presumed to be correct. I certify that this application is complete and that ofi 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 ar�sing out of this application; and 4. Provide written consent to any an all conditions of approval. All ZLiz 21� Milton T. Schaffer, III Signature of Property ner(s) Print Name(s) Signature of Applicant/Agent Cindee Wolf ! Design Solutions Print Name Note: This form must be signed by the owner(s) of record, If there are multiple property owners, a signature is required for each owner of record. 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 6 of 6 Conditional Zoning District Application — Updated 05-2021 Board of Commissioners - February 7, 2022 ITEM: 9 - 7 - 8 7. Acknowledgement and Signatures By my signature below, I understand and accept all of the conditions, limitations, and obligations of the Conditional Zoning (District zoning for which I am applying. I understand that the existing Official Zoning Map is presumed to be correct. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. If applicable, I also appoint the applicant/agent as listed on this application to represent me and make decisions on my behalf regarding this application during the review process. The applicant/agent is hereby authorized on my behalf to: 1. Submit an application including all required supplemental information and materials; 2. .Appear at public hearings to give representation and comments; 3. Act on my behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of this application; and 4. Provide written consent to any and all conditions of approval. William Ambrose - Manager for ABA Self Storage, L.L.C. S gnature of Property Owner(s) Print Name(s) 1 ` '1j�,} Cindee Wolf 1 Design Solution Signature of Applicant/Agent Print 'Name Note! This form must be signed by the owner(s) of record. If there are multiple property owners, a signature is required for each owner of record. If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will be calendared for the next meeting and no fee will be required. if delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. if the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. Page 6 of 6 Board of Commissioners-�F,OWWWZ493 pi$trkt Application — Updated 05-2021 ITEM: 9 - 7 - 9 Legal Description for Conditional Zoning District Petition At 4629 & 4631 Carolina Beach Road Beginning at a point in the northeastern boundary of Carolina Beach Road (U.S. Hwy. 421), a 160' public right-of-way; said point being located approximately 235.30 feet, southeastwardly along the right-of-way from its intersection with the southeastern boundary of St. Andrews Drive, a 100' public right-of-way; and running thence from said point of beginning: North 50026'22" East, 450.00 feet to a point; thence South 39033'12" East, 165.05 feet to a point; thence South 50027'07" West, 250.16 feet to a point; thence South 39040'40" East, 49.84 feet to a point; thence South 50028'22" West, 200.09 feet to a point in the northeastern boundary of Carolina Beach Road; thence with that right-of-way, North 39030'56" West, 214.72 feet to the point and place of beginning, containing 84,221 square feet, or 1.93 acres, more or less. Board of Commissioners - February 7, 2022 ITEM: 9 - 7 - 10 REPORT OF COMMUNITY MEETING REQUIRED BY NEW HANOVER COUNTY ZONING ORIDINANCE FOR CONDITIONAL DISTRICT REZONINGS Project Name: 4629 & 4631 Carolina Beach Road Proposed Zoning: (CUD) B-1 to (CZD) B-1 The undersigned hereby certifies that written notice of a community meeting on the above zoning application was given to the adjacent property owners set forth on the attached list by first class mail, and provided to the Planning Department for notice of the Sunshine List on October 12, 2021 . A copy of that written notice and site layout are also attached. The meeting was held at the following time and place: Thursday, October 28, 2021 6:00 p.m.; at Long Leaf Park Picnic Shelter #3. The persons in attendance at the meeting were: Reference attached sign -in list The following issues were discussed at the meeting No one attended. As a result of the meeting, the following changes were made to the petition: None Date: Applicant: By: November 26, 2021 Design Solutions Cindee Wolf Boara ot Commissioners - e ruary f, ITEM: 9 - 7 - 11 Community Information Meeting Carolina Dogs Sports Date: October 28, 2021 Name Address Email (Optional) Debbie Russ Developer debbie.russ@bellsouth.net Cindee Wolf Project Planner cwolf@lobodemar.biz Board of Commissioners - February 7, 2022 ITEM: 9 - 7 - 12 ADJACENT OWNERS WITHIN 500' PERIMETER OF 4629 & 4631 CAROLINA BEACH RD OWNER 4624 CAROLINA BEACH RD COA ABA SELF STORAGE LLC ABA SELF STORAGE LLC BAREFOOT WESLEY A KELLY V CC CLINTON MD LLC JUST FOR BUYERS INVESTMENTS LLC JUST FOR BUYERS INVESTMENTS LLC LOPEZ GRAJALES ANTONIO ETAL NOELLE HOLDINGS LLC NOELLE HOLDINGS LLC ETAL SMITH HILDA STANLEY ST ANDREW PROPERTY LP T2 PROPERTY MANAGEMENT CO LLC T2 PROPERTY MANAGEMENT CO LLC TRIANGLE BELLE MEADE LLC TRIANGLE BELLE MEADE LLC TRIANGLE BELLE MEADE LLC WILMINGTON CITY OF WILMINGTON CITY OF WILMINGTON CITY OF WILMINGTON LODGE #343 LOYAL ADDRESS 123 CRAWFORD RD 6635 GORDON RD 6635 GORDON RD 4144 PINE HOLLOW RD 8550 LEESBURG PIKE 5 SILVA TERRA DR STE 140 5 SILVA TERRA DR STE 140 9 SILVA TERRA DR 5231 MASONBORO HARBOR DR 5 SILVA TERRA DR STE 100 2013 E LAKE SHORE DR 8255 GREENSBORO DR STE 200 369 CARRIE ST S 369 CARRIE ST S 165 YORK ST S 165 YORK ST S 165 YORK ST S PO BOX 1810 PO BOX 1810 PO BOX 1810 4610 CAROLINA BEACH RD CITY STATE ZIP HILLSBOROUGH, NC 27278 WILMINGTON, NC 28411 WILMINGTON, NC 28411 WILMINGTON, NC 28412 VIENNA, VA 22182 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28409 WILMINGTON, NC 28412 WILMINGTON, NC 28401 MC LEAN, VA 22102 COATS, NC 27521 COATS, NC 27521 GASTONIA, NC 28053 GASTONIA, NC 28053 GASTONIA, NC 28053 WILMINGTON, NC 28402 WILMINGTON, NC 28402 WILMINGTON, NC 28402 WILMINGTON, NC 28412 Board of Commissioners - February 7, 2022 ITEM: 9 - 7 - 14 October 12, 2021 Re: Notice of Community Information Meeting / Rezoning of 4629 & 4631 Carolina Beach Road Carolina Dog Sports is interested in developing an indoor recreation center on lands within the proximity of your property. This proposal would require a Conditional District approval from New Hanover County. A Conditional Zoning District allows particular uses to be established only in accordance with specific standards and conditions pertaining to each individual development project. Essentially, this means that only that use, structure(s) and layout of an approved proposal can be developed. A preliminary plan of the project layout is enclosed. We are holding a meeting for any and all interested parties. This provides neighbors with an opportunity for explanation of the proposal and for questions to be answered concerning improvements, benefits & impacts. A meeting will be held on Thursday, October 281", at Picnic Shelter #3, Long Leaf Park (north side of the park accessed from Pine Grove Road), 6:00 p.m. If you cannot attend, you are also welcome to contact me: Cindee Wolf at telephone # 910-620-2374, or email cwolf@lobodemar.biz with comments and/or questions. We appreciate your interest in the project, look forward to being an asset to the community. Board of Commissioners - February 7, 2022 ITEM: 9 - 7 - 15 J - ALL SEASONS 1 4 � `v ♦ Y6 i.r rx c �C) V K. - M *'00,00 \`w ff i 00o x - � J PROPOSED SITE PLAN Board of Commissioners - February 7, 2022 ITEM: 9 - 8 - 1 ITEM: 9 - 9 - 1