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Agenda 2022 04-04
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 Hays, 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 APRIL4,2022 4:00PM MEETING CALLED TO ORDER (Chair Julia Olson-Boseman) INVOCATION (Reverend Dr. Charlrean B. Mapson, Price Cathedral AM Zion Church) PLEDGE OF ALLEGIANCE (Commissioner Bill Rivenbark) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Adoption of State Road Resolutions 3. Adoption of Resolution Recognizing the Efforts of the Wilmington Chamber of Commerce Education Foundation through the Leadership Wilmington Program 4. Adoption of North Carolina 811 Safe Digging Month Proclamation 5. Adoption of Sexual Assault Awareness Month Proclamation 6. First Reading: Approval of Solid Waste Franchise for JPM Services I nc. 7. First Reading: Approval of Solid Waste Franchise for Port City Containers LLC 8. Adoption of Resolution to Award Bid for the Purchase of a Fire Rescue Boat and Contract to Waterline Systems/US Watercraft in the Amount of $478,943 9. Approval of February 2022 Tax Collection Reports ESTIMATED MINUTES REGULAR AGENDA ITEMS OF BUSINESS 5 10. Adoption of a Code of Ethics for the Current Board Members and Adoption of Amended Rules of Procedure for Meetings of the New Hanover County Board of Commissioners Manual 15 11. Second Reading and Approval of Amendment to New Hanover County Code of Ordinances Chapter 38 15 12. Consideration of Approval to Purchase Real Estate at 6068 Gordon Road for a Future Fire Station 10 13. Consideration of a Budget Amendment and Award of Bid for the Construction of Landfill Cells 11 &12A 5 14. Public Hearing on Proposed $34,000,000 Financing of Improvement Projects and Adoption of Approving Resolution 40 15. Public Hearing Board of Commissioners - April 4, 2022 Rezoning Request (Z22-01) - Request by Cindee Wolf with Design Solutions, Applicant, on Behalf of Atlantic Coast Holdings, LLC, Property Owner, to Rezone Approximately 5 Acres of Land Located in the 6300 Block of Sidbury Road from R-15, Residential District to (CZD) B-2, Regional Business District, for a Mini-Warehouse/Self-Storage Facility 40 16. Public Hearing Rezoning Request (Z22-02) - Request by Cindee Wolf with Design Solutions, Applicant, on Behalf of Wilmington Realtors Foundation, Barry Dean Cribb, and Polly Greene Cribb, Property Owners, to Rezone Approximately 6.13 Acres of Land Located at 6221-6229 Carolina Beach Road from R-15, Residential District, to (CZD) R-5, Residential District 40 17. Public Hearing Rezoning Request (Z22-06) - Request by Andy Etters, applicant and property owner, to rezone approximately 29.39 acres of land located at 312 Hermitage Road from R-20, Residential District, to (CZD) CS, Commercial Services District for warehousing and office flex space and a nursery. PUBLIC COMMENTS ON NON -AGENDA ITEMS (limit three minutes) ESTI MATED MINUTES ADDITIONAL AGENDA ITEMS OF BUSINESS 18. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 19. 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 - April 4, 2022 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:4/4/2022 Consent DEPARTMENT: Governing Body PRESENTER(S): Kym Crowell, Clerk to the Board CONTACT(S): Kym Crowell SU BJ ECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the following meetings: Budget Work Session held on March 17, 2022 Agenda Review held on March 17, 2022 Regular Meeting held on March 21, 2022 Closed Session held on March 21, 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 - April 4, 2022 ITEM: 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:4/4/2022 Consent DEPARTMENT: Governing PRESENTER(S): Kym Crowell, Clerk to the Board and Rebekah Roth, Planning and Body Land Use Director CONTACT(S): Kym Crowell and Rebekah Roth SU BJ ECT: Adoption of State Road Resolutions BRIEF SUMMARY: NCDOT is considering the addition of the following roads as the roads meet the standards and criteria established by the state and county and requesting the board to adopt resolutions in support of adding the roads to the state system: • Scorpion Drive, Cosgrove Court and Halo Court within the Catherine's Cove subdivision (Division File No: 1294- N) • Ashley Park Drive within the Ashely Park at Georgetowne subdivision (Division File No: 1297-N) STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt SR-2 resolutions. ATTACHMENTS: NCDOT Request Packet (Scorpion Drive, Cosgro\e Court and Halo Court) NHC Locator Map (Scorpion Dri\e, Cosgroee Court and Halo Court) SR-2 Resolution (Scorpion Dri\e, Cosgro\e Court and Halo Court) NCDOT Request Packet (Ashley Park Dri\,e) NHC Locator Map (Ashley Park Dri\,e) SR-2 Resolution (Ashley Park Dri\,e) COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - April 4, 2022 ITEM: 2 srnTn n, { ti STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Roy COOPER J. ERIC BOYETTE GOVERNOR SECRETARY March 16, 2022 Ms. Kym Crowell, Clerk to the Board New Hanover County Board of Commissioners 230 Government Center Drive, Suite 175 Wilmington, NC 28403 Subject: Proposed Road Addition to the State System of Highways Scorpion Drive, Cosgrove Court and Halo Court (Division File No: 1294-N). Dear Ms. Crowell: This office is considering the addition of the following roads: Scorpion Drive, Cosgrove Court and Halo Court located within the Catherine's Cove Subdivision to the state maintenance system. After the Board's consideration please furnish this office with the current county resolution and official road names for our further handling. If I may be of further assistance, please call me at 910-398-9100. Sincerely, Malt tw-&k Nick Drees Engineering Specialist Enclosures: Copy of SR-1 Road Petition request form, plat maps and locator map. Mailing Address: NC DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS 5501 BARBADOS BLVD. CASTLE HAYNE, NC 28429 Telephone: 910-398-9100 Customer Service: 1-877-368-4968 Website: ncdot.gov Board of Commissioners - April 4, 2022 ITEM: 2 - 1 - 1 Location: 5501 BARBADOS BLVD. CASTLE HAYNE, NC 28429 04-11-03 COURIER North Carolina Department of Transportation Division of Highways Petition for Road Addition ROADWAY INFORMATION: (Please Print/Type) County: New Hanover Road Name: Scorpion Drive, Halo Court, Cosgrove Court (Please list additional street names and lengths on the back of this form.) Subdivision Name: Catherine's Cove Length (miles): .2103068 miles (1,110.42') Number of occupied homes having street frontage: 23 Located (miles): 0 miles N ® S ❑ E ❑ W ❑ of the intersection of Route SR 1849 and Route SR 2920 (Check one) (SR, NC, US) (SR, NC, US) We, the undersigned, being property owners and/or developers of Catherine's Cove in New Hanover County, do hereby request the Division of Highways to add the above described road. CONTACT PERSON: Name and Address of First Petitioner. (Please Print/Type) Name: Highgreen Drive LLC, M/M Daniel Hilla Street Address: 622 Timber Lake Ln , Wilmington, NC 28411 Mailing Address: Signature: Name See Attached Sheet Phone Number: 910-443-4454 622 Timber Lake Ln, Wilmington, NC 28411 PROPERTY OWNERS Mailing Address Telephone Form SR-1 (3/2006; Rev 1/2010) Board of Commissioners -April 4, 2022 ITEM: 2 - 1 - 2 INSTRUCTIONS FOR COMPLETING PETITION: 1. Complete Information Section 2. Identify Contact Person (This person serves as spokesperson for petitioner(s)). 3. Attach two (2) copies of recorded subdivision plat or property deeds, which refer to candidate road. 4. Adjoining property owners and/or the developer may submit a petition. Subdivision roads with prior NCDOT review and approval only require the developer's signature. 5. If submitted by the developer, encroachment agreements from all utilities located within the right of way shall be submitted with the petition for Road addition. However, construction plans may not be required at this time. 6. Submit to District Engineer's Office. FOR NCDOT USE ONLY: Please check the appropriate block ❑ Rural Road ❑ Subdivision platted prior to October 1, 1975 ❑ Subdivision platted after September 30, 1975 REQUIREMENTS FOR ADDITION If this road meets the requirements necessary for addition, we agree to grant the Department of Transportation a right-of-way of the necessary width to construct the road to the minimum construction standards of the NCDOT. The right-of-way will extend the entire length of the road that is requested to be added to the state maintained system and will include the necessary areas outside of the right -or -way for cut and fill slopes and drainage. Also, we agree to dedicate additional right-of-way at intersections for sight distance and design purposes and execute said right-of-way agreement forms that will be submitted to us by representatives of the NCDOT. The right-of-way shall be cleared at no expense to the NCDOT, which includes the removal of utilities, fences, other obstructions, etc. General Statute 136-102.6 states that any subdivision recorded on or after October 1, 1975, must be built in accordance with NCDOT standards in order to be eligible for addition to the State Road System. Form SR-1 (3/2006; Rev 1/2010) Board of Commissioners -April 4, 2022 ITEM: 2 - 1 - 3 Catherine's Cove Patrick and Delores Kolenik Behnke & Debehnke Jessica Coppola & Oscar Martinez Jeff & Michelle Bennett Carlos Vidal Sheila Rouse Robin & Jeffrey Demeo Glenn Goodson Nicholas Bauers & Lindsey McCoig Sloan Ami Neilan & Mark Derham Joseph & Karina Thompson John & Wendy McElhinney William & Barbara Francis Victor & Mary Susan Humphrey Stacey Cherry David P. Thomas Jr & Diane N. Thomas Joanna Kamerer Cindee Messineo Helen Kosarzycki Lisa Massey Michael & Patricia Loesher Hiram & Kathy Williams 304 Cosgrove Ct 305 Cosgrove Ct 308 Cosgrove Ct 309 Cosgrove Ct 316 Cosgrove Ct 317 Cosgrove Ct 304 Halo Ct 308 Halo Ct 312 Halo Ct 316 Halo Ct 317 Halo Ct 320 Halo Ct 321 Halo Ct 325 Halo Ct 745 Scorpion Dr 749 Scorpion Dr 753 Scorpion Dr 760 Scorpion Dr 764 Scorpion Dr 768 Scorpion Dr 772 Scorpion Dr 776 Scorpion Dr 780 Scorpion Dr Board of Commissioners - April 4, 2022 ITEM: 2 - 1 - 4 oil !m _+; i llrl land -Jersey Mike's" Subs, ck � Pete'p I fusr�t+" =� WaImart Su ercenter rtl1 i m ingt�n f r r + P '��" The Darr" ommu ity *.. �- • t Pt TFLI 4 le ' �#' 't �rt �' Off* a'b t F Elemen-Schaal lb ingtoki ITEM: 2 * ` } r *b ' 1 • FrL b I � Y }' rJ ur .' f P. 41 f ; The Sound Cat •' , r Veterinai y Hospital ! �.. N�f +��� �r'r 8'f t+ '•k ' �� 1 � �♦ 'ice •4 A'. 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USDA Farm Service Agency, Map da- _ -- -- Book 66 Page 9 0n LINE BEARING DISTANCE L1 N 51'54'41 " E 53.24' L2 N 32'37'54" W 28.97' L3 N 16' 10' 13" E 28, 43' L4 N 01'46'00" E 34.96' L5 S 33'24'28" E 33,23' L6 N 2356'21" E 52.46' L7 N 44-47-10" E 34.55 L8 N 62700'03" W 32.22' L9 N 48-39'51" E 7.68' L10 N 36'37'47" W 3.72' L11 N 59'30'47" E 55.23' L12 S 59'30'47" W 51.00' L13 N 57'58'55" E 49.46' L14 N 49'52' 10" E 49.18' L15 N 43*50'13" E 49.97' L16 N 46.29' 18" W 30.57' L17 N 43-32'28" W 15,00' L18 N 36.37'47" W 66.35' 1-19 N 3637'47" W 70.76' L20 N 36'37'47" W 41.17' L21 S 43'45'29" W 27,55' l22 S 46'22'48" W 42.89' L23 N 36-37'47" W 70.51' L24 N 36*37'47" W 70.51' L25 N 36'37'47" W 48.36' l26 S 46'27'32" W 78.58' L27 N 4627'32" E 72.52' L28 S 36'37'47" E 42.3D' L29 S 36'37'47" E 36.12' L30 N 3637'47" W 42.18' L31 N 36'37'47" W 48.36' L32 N 46'27'32" E 72.67' L33 N 46'27'32" E 49.60' L34 S 16'06'06" W 90,06' L35 N 26*49'15" E 71.00' L36 S 37'32'30" W 71.00' L37 S 45.52'05" W 71.00' L38 N 43'32'28" W 55,00' L39 N 4332'28" W 70.00' L40 N 86'36'46" E 68.32' L41 S 41'25'35" E 55.31' L42 S 41'25'35" E 33.75' L43 S 14'39'28" E 64.92' L44 5 04'21'54" E 102.50 L45 N QV21'54" W 5.45 L46 N 46'27'32" E 37.87 L47 S 0415'09" E 79.90 L48 N 68'48'48" W 62.50' L49 S 6Z15'48" E 49.13' L50 N 37'29'16" W 39,53' L51 S 37-12'15" E 79.70 L52 S 3712' 15" E 53.04 L53 S 37' 12' 15" E 3.09 L54 N 19"59'22" W 35.30 L55 S 78'34' 15" W 84.45 L56 N 14*44'13" W 64.55 L57 N 70' 19'48" £ 79.65 L58 N 43'45'28" £ 49.97 L59 N 49'47'26" E 49.18 L60 N 57'54' 10" E 49.46 L61 N 59-49'08" E 50.91 L62 N 59'49'21 " E 55.27 L63 S 85'38'06" W 10.00 L64 S 47'47'58" E 25.07 L65 N 12'38'24" W 50.00 L66 S 88'59'35" W 50.00 L67 N 44'47'10" E 13.00 Certificate of Registration/Disclosure for Homeowner's \ SILSBEE ROBERT MARCIA Certificate of Ownership, Dedication and Jurisdiction Association Covenants, Conditions and Restrictions by , Ak `-�� I (we) hereby certify that I am (we are) the owner(s) ofRegister of Deeds North Carolina New Hanover County �� Aso / CONTROL � Homeowner's Association Covenants, Conditions and the property shown and described hereon and that I (we) Restrictions filed for registration on ' the day of �g lq ERB CORNER / hereby adopt this plan of subdivision with my (our) own nt / WILLETS ROBERT W VALERIE free consent and dedicate all streets, alleys, walks, parks, (a.m. / p.m.) and duly recorded in ��tp 0 \\ �� conservation space and other areas to public or private use Deed Book , at Page �P� � ���yJ� �� � 2 as noted. All roads and drainage easements are dedicated NN 4; w� 5A �6ro �� -4 �' N / for public utili purposes. Further, I (we) certify the land \ �, 02`��'• / / ti the subdivision as shown here s located w'thiLty. Register of Deeds FDC QJ ��n o \a-- � / \ sd.etion of e Hanov C WILMINGTON �ryo 17 atij;? G� 15 ZO/ /!fi[ FUat HOLDINGS LLC �, p�/ 11792� / �'� C7 �lU, 4 .p �\�\<11. \1 Sign e Of Owners) \ /y n� �g BENNETT DANIEL \sy ELEISA H Date Su ordination Consent of Mortgagee \ \ �,�'� <`' 1 18 l t° c us l 14 FOY CHARLES \ `� `b1 "} 1 y�l 0 0; 0 FRANKLIN ER THELMA y> � ha I Z5 �' \ 70 C Certificate Disclaiming ��,°�ry�°'� watvw�s t L4D 19 o s�� \ 13 Water/Sewer Suitability y �ry <s / / � ".\ \ 1�,� _67 T HPU t_59 = CENTE-R OF \ COSGROVE CMS �, �nj \G� \ �� 5' RCDESiRil1,\ EASEVEidT ER3 N:196299,466 �fo °, \ u'j,�,� \ DS oN 12 Notwithstanding New E:2362020.491 ! / 4 7, c, ,o ,: C Hanover County approval �ry 9� ASSUMED ?S, y�„ 2D �\ -'.�'��'� \\ `G-A of this plat, lots S110Wn h�1 ry� COD SETBACK 1 / oeVc •y`t' lC; }�°��','o� on said plat may not GRE JV � °c ERfl EnMDS goy j F -�� , ry1 receive Health Department wlc INGTON �C� 4,9 �, 2s �� �o °o \ � 0 �G�,'�oa4 approval for on site 5' PEDESTRIAN _ �. \ r' sewage disposal systems, ESMT � I / " /� , -Z 25 �' �� 21 L67 S 42'01'S3" E 28.56 L68 S 16'27'01 " E 25.00 L69 S 25'S1'35" E 38.59 CONTROL CORNER RB A This property is not located in a special flood hazard area as shown on FEMA FIRM Community Pane! # 3720316900J Effective Date 04/03/06 404 Wetlands not found on this property. IA/ C2 550.00' 25.17' 25.17' N 45'04'08" E 02'37'19" C3 25.00' 43.46' 38.19' N 86'26b9" W 99'36'44" C4 25.00' 4.36' 4.36' N 31'37'52" W 09'59'50" C5 25.00' 16.66' 16.36' N 07'32'41 " W 38' 11'32" C6 50.00' 62.09' 58.18' S 24'00'56" £ 71'09'03" C7 50.00' 37.57' 36.69' S 81'06'56" E 43'02'56" CS 50.00' 44.23' 42.80' N 52'01'03" E 50'41'06" C9 50.00' 48.48' 46.60' N 01'06' 1 1 " W 55'33'22" C10 50.00' 48.82' 46.90' N 56'51'01" W 55'56'18" C11 25.00' 21.03' 20.41' S 60'43'29° E 48'11'23" C12 25A0' 36.25' 33.16' S 04'54'52" W 83'05'19" C13 25.00' 42.29' 37.42' N 85'05'08" W 96'54'41" C14 25.00' 21.03' 20.41' N 1232'06" W 48'11'23" C15 50.00' 22.64' 22.45' S 01'24'44" E 25'56'39" C16 50.00' 52.40' 50.03' S 4424'19" E 60'02'30" C 17 50.00' 45.56' 44.00' N 79'28' 19" E 52' 12' 14" C18 50.00' 47.45' 45.69' N 26'10'54" E 54'22'38" C19 50.00' 62.56' 58.56' N 36'51'09" W 71'41'27" G20 50.00' 10.58' 10.56' N 78'45'32" W 12'07'17" C21 25.00' 21.03' 20.41' 5 60'43'29" E 48'11'23" C22 25.00' 36.25' 33.1 fi' S 04'54'52" W 83'05' 19" C23 255.00' 12.41' 12.41' N 45'03'52" E 02'47'18" C24 255.00' 62.15' 61.99' N 36'41'19" £ 13'57'49" C25 255.00' 62.10' 61.94' N 22'43'50" E 13'57'09" C26 255.00' 80.49' 80.16' N 06'42'40" E 18'05'11" C27 205.00' 101.50' 100.46' S 09'49'07" W 28'22'03" C28 205 00' 80.35' 79 83' S 35 13'50" W 22 27'23" nor for individual water F \� ry1 o`try zo ry� supply systems, nor does �.� \ °` '`° �y 27 / C17 \ �� 'S° ° '��, txo o1 PP Y Y F, �. � � .y'� / 23' AccE55 & / 67 \ b� o, S o � h =CONTROL such approval guarantee oFr'pF� ��� / / PUEASENTGE �1 6 `a �• 22 �' ; �� ins1 CORNER County Engineer Certificate the availability of water �: o �. �\ �� 88'S9,35" , 24 e / nr sewer services from ' Q \ L66 �'o - 24 \G�� �� , o � , � sr ERB ODONNELL lx`�o �'` ��1� �� \cuopa �7. �, �o�^s� /,� SHIRENA With this recordation, New The Cape Fear Public a/ 6 G / s HARDEE Utility Authority. i>i \ i3 \ d G \ '�s o�osue. / QJ�.y o0 JONATHAN Hanover County accepts the \ �• 'ti J o 5 dedication for stormwater and OGDEN 12 �Ol\ PROPERT�� LLC tx -99 WEnMDS wEnmos �48 ^7� � 76,;5 .7 .7 F Q� CL 7 0 PENNINGTON ROBERT L aR, KAREN R 5' PEDESTRIAN \C27���� �y \ 23 �o o`,� ti`a / ��03 easements. ESMT Cam, sz\Sa. \ ryfo \ oG<r'tp G73 :'� '`°�,�'Sry �O% J'� i1 !�ri, .._'-/7tr%11 t D' Puauc Ac w Qfounty Engineer Date CE55 i 29 0 NAG! \ �� \ ,nj`I• \ �j�✓ `��j`L 5� v� 2 ��•, (rn' ALL ENT AREA 1 � ,� \ c5: ,y'1 �O/Ss j 1 D `�• a / EDGE oND D j POND. WETLANDS, tx�ry of j RECREATION, ETC / ��� (PUBLIC) , t soo- vS / • , ERB \\ DEEMEL Oemu', s' HUBERTUS W 7y 5'1 JOAN H 32 \� h / S7A�• / / �Itj 0 O�� �fpry OPEN WRIGHT TYLER SPACE "8„ , �, C CHRYSTAL \<s� 6 dam- Ss ry0 7g2g 4Qa S' p�E. / e OPEN SPACE nth g \ �' F� V \ \ sM N S 56,/ SPACE A h / ,� L53 NCDOT will allow sidewalks by 1 7 7, �9• F/ GN C,L55 encroachment and will not 3 4 o J 3+ \ °. RALEY DAVID accept responsibilityfor Certificate of approval by the Cape Fear Public Utility Authority: (11/I Z) 1 7•�8. F >'� " 94 S / \ S ELLEN p Q Q rn maintenance, Maintenance Review Officer for the Cape Fear 1 $ G / \ responsibilities of Sidewalks Public Utility Authority, New Hanover County, North Carolina, certify ZIMMERMAN N \ a j N I 1 �, \ shall be that of owners, HOA ROBERT L \s?- r', ` 35 rn LIMB or assigns. All sidewalks shall that the map or plat to which this certification is affixed meets all I ETAL 5' PEDESTRIAN 1 �.1, y o' I 0 C, SIEGEL meet requirements of the Authoritystandards and requirements for the public utilities as set forth b ESQ' Q, \ wl f � 6 Americans With Disabilities q P Y �. CHRISTOPHER Act„ ordinances. With the recordation of this plat, the Cape Fear Public Utility 1 ERB A LEAH M Authority accepts the owner's offer of dedication for the public water 00 1" N 89'3s 2D" E ho ERB and/or sewer purposes all easements, common areas, and/or rights of way CERTIFICATE OF APPROVAL. '' � OPEN 111.91 11 Shown on the let as dedicated far public utility purposes. Approval of NEW HANOVER COUNTY PLANNING & SPACE "B" pC�- ��o ERB Certificate of Proposed Subdivision p p p pp INSPECTIO ART ENT . j G�� Road Construction Standards this plat does not guarantee the availability of water and sewer services } r, : eye 6� ERB ` Department of Transportation from the Cape Fear Public Utility Authority. zal f - /37.63 Division of Highways CAPE FEAR. PUBLIC UTILITY I: 1 RE 80 40 0 80 160 GRAPHIC SCALE AREA BY COORDINATE COMPUTATION TE PLAN INSPEC IONS DEFT. �, RB Proposed Subdiv slon Road ol i,+ a Construction Standards Certification roved CATHERINES pp 25.0 °' So 6 6�• �' , COVE PH 1 - L45ERB I�-HR -L9 NO NCGS FOUND WITHIN 200OFT "�" L63 LEGEND: Date District Engineer E THIS SURVEY CREATES A SUBDIVISION OF LAND IN EIP = EXISTING IRON PIPE ERB = REBAR AN AREA OF THE COUNTY OR MUNICIPALITY THAT ,EXISTING RBS = REBAR SET SETBACKS HAS �l<y„71DINANCE THAT REGULATES �, PARCELS OF CMS = CONC MONUMENT SET 20' PERIMETER SETBACK RR5 =RAILROAD SPIKE SET 10' MIN BETWEEN STRUCTURES ��;., S = PK NAIL SET MNS = MAGNAIL SET `L�A� i ALL CORNERS REBAR SET UNLESS NOTED CENTERLINE POINTS To BE SET AFTER CONSTRUCTION S I, Gary W. Keyes, certify that this plat was drawn under my supervision from an actual sure' sion (deed des, joptivp jpcorded in Book Page , or other source as noted); that the boutf %re clearly indicated '(„����,, as drawn from information found in Book ,Page (or at[ii>W a, ed}; that the ratio of precision as calculated is 1: 10,000 ;that this plat was prepared in acco a with G.S. 47-30 as amended. SUL Witness my original signature, registration number and seal this 19 day of FEB , A.D., 20 19. L 4RI i 14Ly ' L-43131 Surveyor Registration # Garb W, Keyes Land 5urve4inq, P.C. NC Firm # C-4056 PO Pox 1624 Wrightsville leach, NC 28460 (910) 228-4773 kegce ;5urvcgirlq@cimail.com c� a_ 0 cD m n 0 z 0 w n Area SF ACRES Area SF ACRES 6 8149.50 0.19 21 7051.24 0.16 7 8149.80 0.19 22 6950.60 0.16 8 8149.80 0.19 23 6874.47 0.16 9 8149.80 0.19 24 6740.28 0.15 10 8149.80 0.19 25 6251.22 0.14 11 10886.98 4.25 26 11683.08 0.27 12 8895.03 0.20 27 10386.09 0.24 13 9177.30 0.21 28 10294.55 0.24 14 9169.82 0.21 29 7371.50 0.17 15 7417.47 0.17 30 6833.99 0.16 16 12475.86 0.29 31 8292.61 0.19 17 10460.71 0.24 32 8225.28 0.19 18 13353.40 0.31 33 8185.86 0.19 19 6965.60 0.16 34 10509.27 0.24 20 7051.24 0.16 35 20086.86 0.46 COM 1 149208.00 3.43 OPEN 4134.82 0.09 EN 43344.68 1.00 R ,✓AQItI+E. LLG `+ hereby certify that I am the owner of the public easement spawn and described hereon which is for the purpose of storm water detention and that public easement will be maintained by the owners, or assigns, for that purpose at no expense to the Deportment of Transportation. Also f will be responsible for completely draining the storm water detention ponds to facilitate maintenance within the public right-of-way. (Vicinity Map Not to Scale) SITE SCORPION DR BAYSHORE DRl REPORTED ZONING: R-15 STATE OF NORTH CAROLINA COUNTY OF �+•s . 964ouar------ I, �'blekv Su4uttLu= _ ,Review Officer of New County, certify that the map or plat to which this certification is affixed meets all TOWNSHIP WILMINGTON COUNTY NEW HANOVER STATE NC DATE 02/19/19 SCALE 1 31=80, OWNER: HIGHGREEN DRIVE LLC 622 TIMBERLAKE LANE WILMINGTON, NC 28411 PARENT PARID: R03600-005-020-001 DEED BOOK 6067 PAGE 118 SURVEY FOR: CATHERINE'S COVE PHASE 2 PERFORMANCE STATE OF NORTH CAROLINA PA40 Nte.2 __. COUNTY Filed for Registration at _?,: -2- 'pM. ZQ 20LI in the Register of Deeds Office Recorded in Book_ Page 67 TAPIMIIT1;� REGISTER OF DEEDS 1/75A-0rk7Gh f 'y 7 Zll/gD���i/ G3t� �AV-1- i-/. ��'- q Board of Commissioners -April 4, 2022 ITEM: 2 - 1 - 7 XA.I1rj_ U11L* q[V-qq3' Book 66 Page 10 TAMMY THEUSCH BEASLEY New Hanover County Register of Deeds Register of Deeds 320 CHESTNUT ST SUITE 102 • WILMINGTON, NORTH CAROLINA 28401 Telephone 910-798-4330 • Fax 910-798-7716 ,1b, State of North Carolina, County of NEW HANOVER Filed For Registration: 02/20/2019 02:22:33 PM Book: PLAT 66 Page: 9-10 2 PGS $21.00 Real Property $21.00 Recorder: STEPHANIE PEREZ Document No: 2019004671 GO ,�NTr•.ti 0 0 f F q�[ISHI� DO NOT REMOVE! This certification sheet is a vital part of your recorded document. Please retain with original document and submit when re-recording. BK: PLAT 66 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIII P-10 CORC9DED: 2019004671 NC FEE $21.00 02-20-2019 NEW HANOVER COUNTY, NC 02:22:33 PM TAMMY THEUSCH BEASLEY BY: STEPHANIE PEREZ REGISTER OF DEEDS DEPUTY Board of Commissioners - April 4, 2022 ITEM: 2 - 1 - 8 Roads Proposed for NCDOT Takeover Halo Ct Cosgrove Ct Scorpion Dr Key Petitioned / 320 325 ■ 316 321 ■ 312 ■ ti 31308 i 13 7�04 316 317 • 312 ■ _ / ■ 308 313 �J 304 ■ pG �� 780 09 776 eg 305 772 ■ 757 i 68 ' 764 753 ■ ■ 760 749 745. ■ 744 41 n 413 ■ 409 6 405 ■ 0 ■01 • / Location A Board of Commissioners - April 4, 2022 ITEM: 2 - 2 - 1 NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM North Carolina County of New Hanover Road(s) Description: Scorpion Drive, Cosgrove Court and Halo Court located within the Catherine's Cove Subdivision in New Hanover County (Division File No: 1294-N) WHEREAS, a petition has been filed with the Board of County Commissioners of the County of New Hanover requesting that the above described road(s), the location of which has been indicated on a map, be added to the Secondary Road System; and WHEREAS, the Board of County Commissioners is of the opinion that the above described roads) should be added to the Secondary Road System, if the roads) meets minimum standards and criteria established by the Division of Highways of the Department of Transportation for the addition of roads to the System. NOW, THEREFORE, be it resolved by the Board of Commissioners of the County of New Hanover that the Division of Highways is hereby requested to review the above described road(s), and to take over the road(s) for maintenance if they meet established standards and criteria. CERTIFICATE The foregoing resolution was duly adopted by the Board of Commissioners of the County of New Hanover at a meeting on the 41h day of April, 2022. WITNESS my hand and official seal this the 4t' day of April, 2022. Kymberleigh G. Crowell, Clerk to the Board New Hanover County Board of Commissioners Form SR-2 Please Note: Forward directly to the District Engineer, Division of Highways. Board of Commissioners - April 4, 2022 ITEM: 2 - 3 - 1 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Roy COOPER GOVERNOR March 22, 2022 Ms. Kym Crowell, Clerk to the Board New Hanover County Board of Commissioners 230 Government Center Drive, Suite 175 Wilmington, NC 28403 J. ERIC BOYETTE SECRETARY Subject: Proposed Road Addition to the State System of Highways Ashley Park Drive (Division File No: 1297-N). Dear Ms. Crowell: This office is considering the addition of the following road: Ashley Park Drive located within the Georgetowne Subdivision to the state maintenance system. After the Board's consideration please furnish this office with the current county resolution and official road names for our further handling. If I may be of further assistance, please call me at 910-398-9100. Sincerely, wck rwt-s- Nick Drees Engineering Specialist Enclosures: Copy of SR-1 Road Petition request form, plat maps and locator maps. Mailing Address: NC DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS 5501 BARBADOS BLVD. CASTLE HAYNE, NC 28429 Telephone: 910-398-9100 Customer Service: 1-877-368-4968 Website: ncdot.gov Board of Commissioners - April 4, 2022 ITEM: 2 - 4 - 1 Location: 5501 BARBADOS BLVD. CASTLE HAYNE, NC 28429 04-11-03 COURIER North Carolina Department of Transportation RECF'IVFD Division of Highways q AD 2 -LZrr_ Petition for Road Addition NIC DOT D!STRJCT 3 ROADWAY INFORMATION: (Please PrintlType) ri" BI-Q.SCQit L� `Ic3 County: �Qn o_ j,&r Road Name: �, r fi- (�_' Oki L f (Please list additional 4treet names and lengths on the bark of this form.) Subdivision Name: K1\�e l of (-mot e_VT, "4 Length (miles): D. Number of occupied homes having street frontage: Located (miles): Z__ O. miles N ❑ S ❑ E ❑ W ❑ of the intersection of Route y11 4( and Router R (Check one) (SR, NC, US) (SR, NC, US) We, the undersigned, being property owners and/or developers of _Ask L'PC ,r - N r in County, do hereby request the Division of Highways to add the above described road. CONTACT PERSON: Name and Address of First Petitioner. (Please Print/Type) Name: j A '�--\wAs Phone Number: 31 9 j 9' DES_ Street Address: 10 We Mailing Address: U'2_c.k Signature: Name k� k,;v,sC-d ut -' oe+ PROPERTY OWNERS Mailing Address Telephone I V q IcA- I)r_ qlo-- LFtgi 101 444e; PP'r Il r . Form SR-1 (3/2006-, Rev 1/2010) Board of Commissioners - April 4, 2022 ITEM: 2 - 4 - 2 INSTRUCTIONS FOR COMPLETING PETITION: 1. Complete Information Section 2. Identify Contact Person (This person serves as spokesperson for petitioner(s)). 3. Attach two (2) copies of recorded subdivision plat or property deeds, which refer to candidate road. 4. Adjoining property owners and/or the developer may submit a petition. Subdivision roads with prior NCDOT review and approval only require the developer's signature. 5. If submitted by the developer, encroachment agreements from all utilities located within the right of way shall be submitted with the petition for Road addition. However, construction plans may not be required at this time. 6. Submit to District Engineer's Office. FOR NCDOT USE ONLY: Please check the appropriate block ❑ Rural Road ❑ Subdivision platted prior to October 1, 1975 ❑ Subdivision platted after September 30, 1975 REQUIREMENTS FOR ADDITION If this road meets the requirements necessary for addition, we agree to grant the Department of Transportation a right-of-way of the necessary width to construct the road to the minimum construction standards of the NCDOT. The right-of-way will extend the entire length of the road that is requested to be added to the state maintained system and will include the necessary areas outside of the right -or -way for cut and fill slopes and drainage. Also, we agree to dedicate additional right-of-way at intersections for sight distance and design purposes and execute said right-of-way agreement forms that will be submitted to us by representatives of the NCDOT. The right-of-way shall be cleared at no expense to the NCDOT, which includes the removal of utilities, fences, other obstructions, etc. General Statute 136-102.6 states that any subdivision recorded on or after October 1, 1975, must be built in accordance with NCDOT standards in order to be eligible for addition to the State Road System. Form SR-1 (3/2006; Rev 112010) Board of Commissioners - April 4, 2022 ITEM: 2 - 4 - 3 .S• I -g �i% 'yLrarl{L�Yi�,5 51{.+r.i rli++ 7F r J c V J l` ram` 5._ y 17 RACHEL .'�SA1II�'.. MILLBR00I4; LC F _ 6ARDENS , s 'SEA PINES 7 * PINEOLIFF" ; NIEREu70NE. i y + eREEZEWOOD CARRIAGE HILLY TEEDLE fLANSDOTVM'NE 4 CNDS ,. M1SPEiRI t ESTATES FAWN CREEI{, PICF ''. 4 AVENSHIRE x ASHLEY. FOREST , E4RGIA PLA i T.` blKeg and Eggs; , FA RFIELD SPARK '# } i LANSDOWNE- ► . rq t SOUTH _ ■ � +.x VA v � 'CLJFFSIDE i _ OYS dp LF IgitOf1 ILI .. ip An -Ni�it �Ik r alma ente tk' icy-fil_a L r*t.. Cape Fear , :v' ry " eafci d CompaFl. r Certb�qFO masodborA 'Marine cience oundArea` �.;Futstarrdrrrg. # * l."tYii{EFIa.ILL'F. T wr 'I ■ ■r # BREEZEbVOGD I CONDOS ,� T04 ON Wp V{ 4 AYE H 4 - J ,le,, �� - , r "; tee` - "+ B E7{LEY - ti ` . ;r VA O' ..0,3 T a I.. h !I r ECHO EAST :�� +' ~. ';4� FIELD FAIRFIELD PARK , �.' +� ,:. *� '� * � ��,' •� �� �► !*i`�:� � `��' ik' fiTA +w1TF E � � .- Ansley Park; _ 'i 4 S ndre-,- :.Reserve 40 Not } * 4 Tesl a Pak' �, r-�• , 1 eriaian at Fairfield 4 ! , +�. P rk Apartme.nts f * '* =J , N, IM: Ad F Y r• * f , 4F r All Seasons Self S`tarage �'� ,; ,, 'Foyai Order of iV�oose; r,l dey,' � A'a�ment HomesINC ' i zi) RE V1 S1M PLA T OF `j?�-r:714 r �.SS✓_%1.7Afi:+�i• `�•f ��' S l e•�iZ+•s� -.1 L ��i f• L Mi!'L-.aft SY4f'i� .. r`�ti1 ,kL YY J^/' s.'y�R y�- 'i:W.T3--.� �� ��•ti�Js+i:--�•�•r�•'• S�Y-S F"y- :2},'i +y�. •.'-1'•'c �I ilr�r. N! a n } }-: '�"d� :�y •Ci;<ktiiG tw ;,' T3t.._ rr 1- t kfi $' � r ' S .p4� .-�,e�.' �� .1, �_ '!" .1' w''� ..'i � � .iil ` :-s 5'1a ..i^ tt"•"5 "i�� tA. !C ;t� '+"f' �' .;�� r�` �': r ��C �� _ �t �f 't � � r .{, r., a� �.' fir' r i•: t .(� ,r.. N � i .�u :F�-n� ,�. �., �' �.:. r �' w 'ti'' rXV4 rL '?_> n K. iii,^.4{,^.. •.J k •C!. s. Y'C �� .�Y; �r�F :'��F; lv-� .. i; �:i'�1'�ivs� � i' d M' - � � rl �' 'ter � . �l. • 7�' c` i '� _ � '� y i•�' iG' � `^�'} �'� 1 'r� i 4� .c� CC��}--�(LLyy �.��(� ,W� q �s�+ .� lr � rk � S �;� .�a�' h&' ;;" `�:�;�*-- 3�i`R�� 3t � H,iE1`}'?i�''•.: �{ :�ip`:��3:',,. .t' +��u�'� !�• '�, �r �'r. �i`.�'<,tiyFt?ti r?}�r i i{•' `•l� h:]:ti1t TJ4'+filgiyi�' -t .A •4T• HY' cif. 41., �} .� lei � kna F1 3 17 R.F h D DED yt RIFIED 1A �R� S U S t t ._' ;ic :elf i9 CER 17FICATE OF ACCURACY AND MAPPING 1, JONATHAN L. WA•YNE, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPEi2VfSIGN FROM, AN AC AL cUkR �E Y MADE UNDD� MY SUPERVISION (DEED DESC�=-IP77 N RECORDED �► S C�BCRC TOWNSHIP As No 7D HER THAT THE BOUNDARIES NOT SURVEYED ARE CLEARLY INQICA 7E0 AS DRAWN FROM INFORMA RON FOUND AS NOTED HEREON, THAT THE RA 770 OF PERCIS10N SEAL II AS CALCULATED IS 1: 20, 000+; THAT THIS PLAT WAS PREPARED IN ACCORDANCE WITH NEW HANOV,r-- R COUNTY _ � M& L - 33 91 � � G.S. I'� 47-JO As Ak&ENDED. M TNESS ►�1 Y ORIGINAL SIGNA SURF', REGIS TRA I ION NUMBER NOR r' jj CAROLINA ° � L� AND SEAL THIS "" DAY OF • 199 A.D. F-v DEVELOPMENT T INC. = = _ OWNER. ��1-��r*.. t PARK �E =� ������ ���4� � JaN�rH�N L. WAY.�E RLs L--3�91 1009 N. LAKE PARK BL D. CAROLINA BEACH N. C. 28428 � �� / - I CERTIFY TH.�T THIS SURVEY CREA. S A SUBDIVISION OF LAND IN NEW HANOVER COUNT DA TE. 1 4-- 9��, JONA THAN L. WA YNE RLS L--•3391 VII) Cq _\ --a CIO y commOM �, AREA o 9,299 S F. � $4 ' 0.213 Ac 1 1 t 125 N 1_0 22,715 S.F. p'i V1. a 521 AC. \ t NfF TRADEMNDS APARTMENTS 1�7 WILDEVELOPMENT EVELOPMEN T ACID 9g LIMITED PARTNERSHIP DEED BOOK 1404 PAGE 1273 VIN I. 123 4\ w 20,067 S.F. V9�� ¢, u') 0.461 AC. G) \ 124 -� 1�- �? 16, 764 S.F. 1a �� � � � 0.385 AC.co .� aj Eli 1Al0O P �i� `'S4'� M 20y� r7 `' 8159 . �4 7,0' 23, 49 ! S.F. 0.539 AC. 0 to CERTI 7CATE OF OWNERSHIP, DEDICA7101N, AND JURISDICRON I (WE)' HEREBY CERTIFY THAT T r AID (WE AIDE) THE OWNERS OF THE PROPERTY SHOWN AND D}ES47R1PL"D 14ERFON AND THAT I (W) gFRF_RY ADOPT THIS PLAN OF SUBDIVISION WITH MY (OUR) FREE CONSENT, ESTABLISH THE MINIMUM BUILDING LINES, AND DEDICATE ALL STREETS, ALLEYS, WALKS, PARKS, CONSERVA77ON SPACE, AND OTHERS TO PUBLIC OR PRIVATE USE AS NOTED. ALL ROADS, AND DRAINAGE EASEMENTS ARE DEDICATED FOR PUBLIC UTILITY Y PURPOSES, FURTHER, I (WE) CERTIFY THE LAND AS SHOVrV HEREON IS LOCATED WITHIN THE SUBDIVISION JUR'•S�p ,r 0 r�E TUWIiI OF CAROLINA BEACH: A SIGNA TURE CERTIFICATE OF REGISTRATON BY REGISTER OF DEEDS NORTH CAROLINA COUNTY 7iiE FOREGOING CER 71F1 CA TE OF NOTARY PUBLIC IS CERTIFIED TO BE CORRECT. FILED FOR REGISTRATION THIS - DAY OF 1994; AT O' CLOCK AND DULY RECORDED IN MAP BOOKPAGE PAGE- AND OF NORTH CAROLINA COUNTY OF rAE a rt �•, 1, 5AN% QAAclREVIEW OFFICER OF t4 EV! VAhRvvk I COUNTY, CERTIFY THAT THE MAF OR PLAT TO WHICH THIS CERTIFICATION IS AFFIXED ,MEETS ALL STA i UTORY REQUIREMENTS FOR RECORDING. � a a 121 13,889 S.F. 0.457 AC. DA TE 0 Ul 120 14,29+4 S.F. 0.328 RC. 10' U770 TY EASEMENT CURVE DELTA RADIUS ARC CHORD TANGENT CHORD Qf�'C �-- GS �- --- �' �" C7 C9 1 14" 42' 53" 1000.00' 256.82 256.12 129.12 N 73. 41' 16" W � � 0 11 " 15' 17'" 75L7 ao 147 32 147 09 73 90 S 05` 07' 15" W --�-- '�~ C6 5Q' PUBLIC R C10 2 .. 3 19' 53001000.00 347.03 345.29 175.28 S 890 0' 48» W d 56 06 (i,B. 38 PG. .136) C3 4 910511.90 975.00 154.66 154.50 7 7. 49 N 1 11 02 W � �� ----- 5 5' 54' 37'" 975.00 100.57 100.53 50.J3 N 21 ` 41' 00" W ' t � �w ' � A-- 1 0' V i e L! I I 6 1 45 56 1025,0G 31.58 31.58 15.79 S 79 57 16 W COMMONBRAEASEMENT a tr � r . a rr • >� 5.00 96.06 96.02 48.06 S 83 31 19 W c,• 04 7 5 22 10 102 �9 ` 6 L - 105 6 t S2 87 S 89' Q9' 35" W REA 4• 3 C 15 REV1L V OFFICER a`_-,,aev "'9 T I F.1 ATE OF As�FlOV L T.. %E1 .%' HANOVER COUNTY PLA�►,',II GG DL- T. DATE PLANNIN irc i �i s. LOCA T!ON MAP NOT TO SCALE ) pR� _ Q U � 04. �4 57iE \ \ \ GEORGETOWN \ -� SEC TI ON 0 \ 118R \ \ y; ! \ \ 117 \ q 54 W 20 0444, to 119 13,277 S.F. � �J) 0.305 A C. 8 5 54 21 1025-00 105. _ 6 -85 9 6' €33' 1 S n 1025. 00 108. 32 108.27 54.21 N 84. 51 � 36)w W I 43, 211 S.F. 77. C 1� � ---- ,. C� � � G7 GEAR GE TD 6'YNE 1 C 4' 52' 52" 1025.00 87.32 87.29 43 69 N 79. 23 31 W 0.992 AC. --- 1 f 01 % --� 1 SEC T1 ON 6 • 74' 34' 31 " W -r" C 11 4 45 07 1025.00 85.01 84.99 42.53 N 12 3' 58' 42 " 9 7 5, a0 6770 6 Z 68 33. 86 N 73: 52' 12 � W 13 - 4' 03' 20" 975.00 69.01 69.00 .54.52 N 77 53 13 W + 14 5* 23' 28" 9 75. 00 91.74 91.70 45.90 N 84 ` 57'43vW 15 5" 23' 28" 9 75, 00 91.74 91.70 45.90 S 89' 38' 49" W 16 5' 23' 28A 975.00 91.74 91.70 45.90 S 84' 15` 22" W � 2' 29' 20" 9 75. 00 42. 35 42. 35 21,18 S 80' ' 8' 58" W r 1 Q r U TILI TY 17' _ _ 1 EASEMENT � I J 8 8 • ,. 6' 20 z 1000, 00 150.20 150, 05 � 5.24 r�I `t ,Z' 47' 'r 1 " W t�•1 .w 19 11 ` 06' 54" 770.00 149.37 149.14 74.g2 S 04° 49' 05st W ` �; �.127 � ' ' 5 l 6.35 68.47 S a5' a5' 50 W �U 1 M t0 1 f 43 02 730:07 1 w6.5 4' 39' 3 t " 1000.00 81.31 81.29 40.68 N 22' 18' 32" W � � 13,976 S.1 F. `�- , 21 22 5' 54' 37" 950.00 98.00 9 7. 95 49.04 N 21 ' 41 ' 00" W r °D 12,999 S.F `y 0. 321 AC. f 23 7' 51 ' 04" 950.00 130.18 13O 07 65.19 N 14' 480l W � 0.298 AC. � � 4 A... NO TES 1. AREA COMPUTED By COORDINATE METHOD 2_ ALL DISTANCES ARE HORIZONTAL 3. FOR REFERENCE SEE Mr-B. 38 PG 136 D.B. 2433 PG. 572 & D.B. 2453 PG. 675 4. SURVEYED OCT. 1998 5. 7 1 6 ACRES TOTAL AREA 6. THIS PROPERTY IS NOT LOCATED Wry THING .2000' OF AN EXISTING N.C. GRID MOMUIVI EN T LEGEND EYJSTING IROtl PIPE 1 ,-- EXI'S 77NG IRON E.C.M. - Y,!S LNG CONCRETE &IONI. U N T R\W RIGHT OF WAY = ;- Cie j;7 r r I NIF STATE STREET f PAR 1 ER-SH1P, INC. 03. 1479 PG 1644 (TRACT It) 3Os �h t 79.80 79.80 S Br 1r7Q 13,991 S.F. 0.321 AC. 79, 8D W 319.19 SURE DEt/ELaPMENTUT M.B. 37 PG. 224 CL FLt�I Y f # f i� Cq 12, 943 S.F. N130 9 ti- 0.29 7 A C; V K3 C] I 2 �. 9,107 S.F. 131 00 0.209 AC. 7, 538 S F to 4 N 0. 173 AC. ro a � i 68,11 6S_ 14 79,80 80636 25rr S 89' 44' 2 ' W 136.25 4J.49 0 CID \ 501 25" G 50' ` 319 WALNUT STREET OWLMINGTON, N. C. 28401 -- SCALE IN -5O. PHONE: 11 D) 343-8002 .�. 7660SEC 1. D WGJL W i5/i Board of Commissioners - April 4, 2022 ITEM: 2 - 4 - 6 ' "�-- .•h�`xAt4S_ vE",.v .... .. .... [+.:. -. sr .....-r .r ..,.ydr:.(k:..y�a_ - .- ..-.. .. ... ., s. �, .. +, -. �� f Roads Proposed for NCDOT Takeover 0. Southern Portion of T V Ashley Park Drive i Key City of Wilmington Unincorporated Petitioned Private Road Public Road Petitioned Vasco te►n Public Road Saint Andrews Drive Fi Location �I Board of Commissioners - April 4, 2022 ITEM: 2 - 5 - 1 NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM North Carolina County of New Hanover Road(s) Description: Ashley Park Drive located within the Ashley Park at Georgetowne Subdivision in New Hanover County (Division File No: 1297-N) WHEREAS, a petition has been filed with the Board of County Commissioners of the County of New Hanover requesting that the above described road(s), the location of which has been indicated on a map, be added to the Secondary Road System; and WHEREAS, the Board of County Commissioners is of the opinion that the above described road(s) should be added to the Secondary Road System, if the road(s) meets minimum standards and criteria established by the Division of Highways of the Department of Transportation for the addition of roads to the System. NOW, THEREFORE, be it resolved by the Board of Commissioners of the County of New Hanover that the Division of Highways is hereby requested to review the above described road(s), and to take over the road(s) for maintenance if they meet established standards and criteria. CERTIFICATE The foregoing resolution was duly adopted by the Board of Commissioners of the County of New Hanover at a meeting on the 41h day of April, 2022. WITNESS my hand and official seal this the 41h day of April, 2022. Kymberleigh G. Crowell, Clerk to the Board New Hanover County Board of Commissioners Form SR-2 Please Note: Forward directly to the District Engineer, Division of Highways. Board of Commissioners - April 4, 2022 ITEM: 2 - 6 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:4/4/2022 Consent DEPARTMENT: County Manager PRESENTER(S): Chair Olson-Boseman and Vice -Chair Hays CONTACT(S): Chris Coudriet, County Manager SU BJ ECT: Adoption of Resolution Recognizing the Efforts of the Wilmington Chamber of Commerce Education Foundation through the Leadership Wilmington Program BRIEF SUMMARY: The Wilmington Chamber of Commerce Education Foundation requested a resolution recognizing its efforts through the Leadership Wilmington program. Chair Olson-Boseman and Vice -Chair Hays will be participating in the April 5, 2022 politics and government session and will present the resolution at that time. STRATEGIC PLAN ALIGNMENT: • Superior Education & Workforce o Support the private sector's need for talent to fill higher -wage jobs ■ Partner with businesses and education community to support talent pipeline development RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt resolution. ATTACHMENTS: Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - April 4, 2022 ITEM: 3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION RECOGNIZING THE EFFORTS OF THE WILMINGTON CHAMBER OF COMMERCE EDUCATION FOUNDATION THROUGH THE LEADERSHIP WILMINGTON PROGRAM WHEREAS, the objective of Leadership Wilmington is to educate, challenge and motivate citizens and to develop future leaders to work for the betterment of our community; and WHEREAS, the program consists of eight sessions to promote leadership skills, community issues and challenges, regional social and economic change, and diversity; and WHEREAS, the members of Leadership Wilmington work together and individually in various community events; and WHEREAS, Leadership Wilmington is committed to providing a continuous, diverse supply of creative leaders to the community by developing their knowledge of the region and providing them the opportunity for meaningful action. NOW, THEREFORE, BE IT RESOLVED that the New Hanover County Board of Commissioners does recognize the Leadership Wilmington Class of 2022 and the Wilmington Chamber of Commerce Education Foundation for their commitment and dedication for contributing to the quality of life of New Hanover County and surrounding areas. ADOPTED this the 41" day of April, 2022. NEW HANOVER COUNTY Julia Olson-Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - April 4, 2022 ITEM: 3 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:4/4/2022 Consent DEPARTMENT: County Manager PRESENTER(S): Howard Corey, Education Liaison, North Carolina 811 CONTACT(S): Chris Coudriet, County Manager SU BJ ECT: Adoption of North Carolina 811 Safe Digging Month Proclamation BRIEF SUMMARY: Howard Corey submitted the attached proclamation for the board's consideration to recognize April as North Carolina 811 Safe Digging Month. North Carolina law requires that anyone engaging in demolition or excavation activities contact NC811 at least three days prior to beginning the work to prevent damages and injuries. The utility service notification center is celebrating its 44th year of service to North Carolina. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend adoption. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - April 4, 2022 ITEM: 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS NORTH CAROLINA 811 SAFE DIGGING MONTH PROCLAMATION WHEREAS, North Carolina 811, a utility service notification center and leader in education celebrates its 44th year of continuous service to the state, and is key to preventing injuries and damages when excavating; and WHEREAS, this vital service, which began in 1978 serves the citizens of North Carolina from the mountains to the coast, educates stakeholders about the need for excavation safety whether the project is as small as planting a tree to designing and beginning construction on a new interstate; and WHEREAS, the unique service provides easy, one -call notification about construction and excavation projects that may endanger workers and jeopardize utility lines while promoting workplace and public safety, reducing underground utility damage, minimizing utility service interruptions, and protecting the environment; and WHEREAS, as utility owners, excavators, designers, and homeowners work to keep pace with North Carolina's economic development, it is important to minimize damages to underground utility lines, danger to workers and the general public, environmental impacts, and loss of utility services to the citizens of North Carolina; and WHEREAS, in 2021, the North Carolina one call system received 2.3 million notification requests and transmitted over 12.9 million requests, providing protection to utility companies' infrastructure, their employees, excavators, and customers. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that April 2022 will be recognized as "North Carolina 811 Safe Digging Month" in New Hanover County. Excavators and homeowners are encouraged to dial 8-1-1 or visit www.nc8ll.org at least three working days prior to digging in order to "Know What's Below," avoid injury, protect the environment, and prevent millions of dollars in damages. Remember that three working days' notice is the law, for safe digging is no accident. ADOPTED this the 4th day of April, 2022. NEW HANOVER COUNTY Julia Olson-Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - April 4, 2022 ITEM: 4 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:4/4/2022 Consent DEPARTMENT: County PRESENTER(S): Kara Schaeffer, LGBTQ Victim Advocate, The Rape Crisis Center of Manager Coastal Horizons Center CONTACT(S): Chris Coudriet, County Manager SU BJ ECT: Adoption of Sexual Assault Awareness Month Proclamation BRIEF SUMMARY: April is Sexual Assault Awareness Month (SAAM), and 2022 marks the twenty-first anniversary of SAAM. This year's campaign is "Building Safe Online Spaces Together." Kara Schaeffer submitted the attached proclamation for the board's consideration to recognize April 2022 as Sexual Assault Awareness Month in New Hanover County. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - April 4, 2022 ITEM: 5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS SEXUAL ASSAULT AWARENESS MONTH PROCLAMATION WHEREAS, April is Sexual Assault Awareness Month (SAAM), a time to draw attention to the prevalence of sexual assault and educate individuals and communities about how to prevent it. WHEREAS, sexual harassment, abuse, and assault are widespread problems. In the United States alone, nearly one in five women and one in 67 men have been raped at some time in their lives, and one in four girls and one in twenty boys is sexually abused by the age of 17; and WHEREAS, sexual harassment, assault, and abuse can happen anywhere, including in online spaces. Now more than ever, screens and technology connect us with others, but for too long, harassment, cyberbullying, and sexual abuse have been seen as unavoidable behaviors online. Each person has the power to change that and together everyone can make a difference to build inclusive, safe, and respectful communities that thrive online and offline; and WHEREAS, 2022 marks the twenty-first anniversary of SAAM, and the theme of this year's campaign is "Building Safe Online Spaces Together." Everyone can build online communities free from sexual harassment, abuse, and assault by practicing digital consent, intervening when we see harmful behaviors, and promoting online communities that value inclusion, safety, and respect. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that April 2022 will be recognized as "Sexual Assault Awareness Month" in New Hanover County. ADOPTED this the 4t" day of April, 2022. 1011ILTJI:1e121[N19a:Z416102111111VA Julia Olson-Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - April 4, 2022 ITEM: 5 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:4/4/2022 Consent DEPARTMENT: County PRESENTER(S): Kemp Burpeau, Deputy County Attorney and Joe Suleyman, Attorney Environmental Management Director CONTACT(S): Kemp Burpeau and Joe Suleyman SU BJ ECT: First Reading: Approval of Solid Waste Franchise for JPM Services Inc. BRIEF SUMMARY: New Hanover County requires a county issued franchise to collect solid waste. Pursuant to County Ordinance 44.55, the applicant has provided information about his business organization, equipment, personnel and fiscal responsibility. The Environmental Management Director has no objections to the franchise request. The franchise period would run for seven years. All franchise agreements shall now include the following requirement: Should franchisee provide curbside collection or services, franchisee must also offer customers a curbside recycling option. Staff has reviewed only for compliance with the County Code. Prospective customers of any hauler must make their own determination as to suitability of provider and services. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Authorize franchise award. Upon award, the company will provide Certificates of Insurance, agree to not bring outside waste into the county and to haul all waste to a county designated facility, if required by law. ATTACHMENTS: Franchise Document Franchise Agreement COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - April 4, 2022 ITEM: 6 Applicant: JPM Services, Inc. DBA 1-800-GOT-JUNK 1312 Lovingston Lane Wilmington NC 28409 North Carolina S-Corp (Incorporated) John Meyers President 100% Ownership Equipment: We have 3 x 1-800-GOT-JUNK branded Isuzu NPR trucks 9 years experience operating in New Hanover County waste industry Board of Commissioners - April 4, 2022 ITEM: 6 - 1 - 1 1800GOT-01 GBRY/ A�ORO CERTIFICATE OF LIABILITY INSURANCE DATDDIYYYY) _ 4/1211212021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer ri hts to the certificate holder in lieu of such endorsement(s). PRODUCER Harold W. Wells & Son, Inc. 1 N 3rd Street Wilmington, NC 28401 INSURED JPM Services Inc dba 1 800 Got Junk 1312 Lovingston Lane Wilmington, NC 28409 PHONE IArc, No. Ext : (910) 762-8551 �R !P�r. insurance(a)wellsins.com rst Insurance rn\/FRArFR CC0T1rIrAT9: KitIIUICCC• mM1nkr r.n1eeo 254-9404 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS LT COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR EACH OCCURRENCE 8 DAMAAIGE TO RENTED MED EXP (Any oneperson)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES PER: POLICY JECT PRO - LOG PRODUCTS -COMP/OP AGG S $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT " n $ BODILY INJURY Per erson 5 ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ AGGREGATE EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY N ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? ❑Y (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N /A 52116715 4/9/2021 4I9/2022 X �PTEARTUTF OTH- E.L. EACH ACCIDENT 500,000 $ $ 500,000i $ 500,0001 E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Executive Officers are excluded from coveraae SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Only ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Board of Commissioners - April 4, 2022 ITEM: 6 - 1 - 2 Ac"RV CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) `..� 04/16/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Brad Thomas NAME: RDR Insurance Services PHONE (704) 553-1617 FAX (704) 553-1865 No Ext : A/C No 11610 N. Community House Drive E-MAIL s: bthomas@rdrins.com AnnPE Suite 250 INSURER(S) AFFORDING COVERAGE NAIC # Charlotte NC 28277 Auto Owners Insurance Company 18988 INSURERA: p Y INSURED INSURER B : JPM Services Inc INSURER C 1312 Lovingston Ln INSURER D INSURER E : Wilmington NC 28409-2681 INSURER F : COVERAGES CFRTIFICGTF All IMRFR• CL1961116231 ocvtctnni nu mnoco. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLSUEIR I SD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DDIYYYY LIMITS X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE x OCCUR EACH OCCURRENCE $ 1,000,000 AMAGE:O RENT 'Ea occurrence $ 100,000 —PREMISES MED EXP 'Any one person) $ 5,000 PERSONAL BADVINJURY $ 1,000,000 A Y Y 35504497 06/03/2020 06/03/2021 GEN'LAGGREGATE LIMITAPPLIES PER: POLICY El JET LOC GEN ERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ ANY AUTO A OWNED SCHEDULED AUTOS ONLY AUTOS Y Y 4950449700 06/03/2020 06/03/2021 BODILY INJURY (Peramident) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE per accident $ X UMBRELLA LIAR M OCCUR EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 A EXCESS LIAB CLAIMS -MADE Y Y 4950449701 04/15/2021 04/15/2022 DED RETENTION $ 0 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? ❑ N/A PER OTH- STATUTE ER E. L. EACH ACCIDENT $ E. L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) PLEASE NOTE 1-800-GOT-JUNK? LLC, ITS OFFICERS, DIRECTORS, REGIONAL DIRECTORS, SUBSIDIARIES AN D AFFI LIATES IS AN ADDITIONAL INSURED AS ITS INTERESTS MAY APPEAR 1-800-Got-Junk? 301-887 Great Northern Way Vancouver, BC V5T 4T5 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Board of Commissioners - April 4, 2022 ITEM: 6 - 1 - 3 New Hanover County Contract # 22-0538 STATE OF NORTH CAROLINA AWARD OF FRANCHISE AGREEMENT FOR COUNTY OF NEW HANOVER SOLID WASTE SERVICES THIS FRANCHISE AGREEMENT made and entered into this the day of 2022, by and between NEW HANOVER COUNTY, North Carolina, a political subdivision of the State of North Carolina, hereinafter called "County" and JPM SERVICES, INC., a North Carolina corporation, with its principal mailing address is 1312 Lovingston Lane, Wilmington, NC 28409, hereinafter called "Operator." WITNESSETH WHEREAS, the County has, through the power granted to it under G.S. 153A-136, adopted an ordinance regulating the collection and disposal of solid wastes and requiring that all waste haulers have a license and a franchise in order to operate in the County, in order to provide the residents and commercial customer of the County with reliable, environmentally sound waste disposal now and in the future; and WHEREAS, Operator has contracted with commercial and/or residential customers located in New Hanover County in order to provide solid waste collection and disposal; and NOW THEREFORE, in consideration of the mutual benefits inuring to the parties hereto and based upon the mutual covenants contained herein and the considerations stated herein, the parties do hereby covenant and agree, and County hereby conveys a non- exclusive franchise to Operator, to collect and dispose of solid wastes to commercial and/or residential customers in the County. The parties therefore agree to the following terms and conditions: 1. Terms of Agreement. The initial term of this Franchise Agreement shall be seven (7) years from the date of signing. The Franchise may automatically renew and extend for a subsequent seven (7) year term, contingent upon County Commissioners approval pursuant to G.S. 153A-46. 2. Scope of Services. For the term of this Franchise Agreement, Operator agrees to provide commercial and/or residential customers with solid waste collection and transportation to County -approved disposal sites. 3. Disposal at County -Approved Facilities. Operator agrees to dispose of all waste collected in the County, as part of this franchise agreement, at County -approved facilities consistent with State law. With regard to County -approved facilities, said approval must be obtained by Operator prior to the disposal at said facilities, and said approval shall be granted or denied entirely at the discretion of the County. The County also has the authority to designate which facilities shall be used. 4. Curbside Recycling. Should Operator provide curbside trash collection services, Operator must also offer customer a curbside recycling option. 5. Administration/Billing. All billing of customers shall remain the responsibility of the franchisee. Board of Commissioners - April 4, 2022 ITEM: 6 - 2 - 1 New Hanover County Contract # 22-0538 6. Franchise. It is understood and agreed that all of the terms and conditions of New Hanover County Code Chapter 44, entitled "Solid Waste," pertaining to a franchise for solid waste collections are incorporated herein by reference and made a part hereof as if fully set forth, including but not limited to insurance requirements. 7. Personnel and Equipment. Operator shall equip and maintain all vehicles with staff and equipment to comply with any applicable regulations and laws. 8. Independent Contractor. It is mutually understood and agreed that Operator is an independent contractor and not an agent of the county, and as such, Operator, its agents and employees shall not be entitled to any County employee benefits, and as such, Operator, its agents and employees shall not be entitled to any County employment benefits, such as, but not limited to, vacation, sick leave, insurance, workers' compensation, or pension or retirement benefits. 9. Indemnity. To the extent permitted by law, Operator shall indemnify and hold the County, its agents and employees, harmless against any and all claims, demands, causes of action, or other liability, including attorneys' fees, on account of personal injuries or death or on account of property damages arising out of or relating to the work to be performed by Operator hereunder, resulting from the negligence of or willful act or omission of Operator, its agents, employees and subcontractors. To the extent permitted by law, the County shall indemnify and hold the Operator, its agents and employees, harmless against any and all claims, demands causes of action, or other liability, including attorneys' fees, on account of personal injuries or death or on account of property damages arising out of or related to the solid waste services operated and administered by the County, and resulting from the negligence of or willful act or omission of the County, its agents, employees, and subcontractors. 10. Business Auto Liability. Operator shall maintain applicable Business Liability and, if necessary, Commercial Umbrella Liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of any auto, including owned, hired, and non -owned autos used in the performance of work or services. 11. Assignment, Contracting. The parties agree that this agreement is not transferable or assignable by either party without the written consent of the other party to this agreement. Operator shall not subcontract with another entity to perform the services described herein without the approval of the County Manager or his designee. 12. Termination. The franchisee may terminate this franchise upon three hundred sixty-five (365) days written notice, or less notice with the consent of the County. The County may only revoke the franchise for cause as set out in Chapter 44, "Solid Waste," of the New Hanover County Code. This franchise may be modified or revoked by the County in the event that an ordinance is passed by the Board of Commissioners creating an exclusive franchise system for residential solid waste collection in the unincorporated County. Board of Commissioners - April 4, 2022 ITEM: 6 - 2 - 2 New Hanover County Contract # 22-0538 13. Non -Waiver of Rights. It is agreed that County's failure to insist upon the strict performance of any provision of this agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any rights under this agreement. 14. Equal Opportunity. In connection with the performance of this agreement, Operator agrees not to discriminate against any employee or applicant for employment because of race, religion, color, sex, age, disability, or national origin. 15. Entire Agreement. This agreement constitutes the entire understanding of the parties with regard to the provision of solid waste collection and disposal. No modification of rescission of this agreement shall be effective unless evidenced by a writing signed by both parties to this agreement. 16. E-Verify Compliance. Operator shall fully comply with the U.S. Department of Homeland Security employee legal status E-Verify requirements for itself and all its subcontractors. Violation of the provision, unless timely cured, shall constitute a breach of contract. IN WITNESS THEREOF, the parties have hereunto set their hands and seals by authority duly given on the day and year first above written. [SEAL] Attest: Secretary STATE OF COUNTY JPM SERVICES, INC. President (SEAL) I, , a Notary Public of the State and County aforesaid, certify that came before me this day and acknowledged that (s)he is President of JPM SERVICES, INC., a North Carolina corporation, and that by County duly given and as the act of the corporation, the foregoing instrument was signed and sealed in its name by its President. WITNESS my hand and official seal, this day of 12022. Notary Public My Commission Expires [SEAL] Board of Commissioners - April 4, 2022 ITEM: 6 - 2 - 3 New Hanover County Contract # 22-0538 New Hanover County digital signature page attached hereto and incorporated herein by reference. Board of Commissioners - April 4, 2022 ITEM: 6 - 2 - 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:4/4/2022 Consent DEPARTMENT: County PRESENTER(S): Kemp Burpeau, Deputy County Attorney and Joe Suleyman, Attorney Environmental Management Director CONTACT(S): Kemp Burpeau Joe Suleyman SU BJ ECT: First Reading: Approval of Solid Waste Franchise for Port City Containers LLC BRIEF SUMMARY: New Hanover County requires a county issued franchise to collect solid waste. Pursuant to County Ordinance 44.55, the applicant has provided information about his business organization, equipment, personnel and fiscal responsibility. The Environmental Management Director has no objections to the franchise request. The franchise period would run for seven years. All franchise agreements shall now include the following requirement: Should franchisee provide curbside collection or services, franchisee must also offer customers a curbside recycling option. Staff has reviewed only for compliance with the County Code. Prospective customers of any hauler must make their own determination as to suitability of provider and services. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Authorize franchise award. Upon award, the company will provide Certificates of Insurance, agree to not bring outside waste into the county and to haul all waste to a county designated facility, if required by law. ATTACHMENTS: Franchise Document Franchise Agmt COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Board of Commissioners - April 4, 2022 ITEM: 7 Approved 5-0. Board of Commissioners - April 4, 2022 ITEM: 7 SOLID WASTE FRANCHISE AGREEMENT APPLICATION Business name: Port City Containers LLC Name: Cody Barnes Address: 2213 Splitbrook Ct, Wilmington NC 28411 Business type: Limited Liability Company, partnership. Equipment: 5- 15 yard roll off dumpsters 3- 20 yard roll off dumpsters 1- International 4700 roll off truck Employees: 2 employees Experience: Combined experience of 6 years in solid waste collections using roll off dumpsters Intent: Our intent is to service New Hanover County with the collection of municipal solid waste using temporary rental roll off dumpsters. Board of Commissioners - April 4, 2022 ITEM: 7 - 1 - 1 NORTH CAROLINA FARM BUREAU MUTUAL INSURANCE COMPANY, INC. CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(sl. INSURED PORT CITY CONTAINERS LLC CERTIFICATE NAME AND 2213 SPLITBROOK CT HOLDER ADDRESS WILMINGTON NC 28411 COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I - X TYPE OF INSURANCE ADD SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MWDDNYYY) MMlDDIYYYYI ® COMMERCIAL GENERAL LIABILITY GL 0548693 11/12/2021 11/12/2022 GENERAL AGGREGATE $2,000 000 - OCCURRENCE PRODUCTS - COMPlops $2,000,000 AGGREGATE GEN'L AGGREGATE APPLIES PER POLICY PERSONAL & ADV INJURY $1 , 00Q 000 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED $100,000 P currencel, IVIED EXP (Any one person) $5,000 EACH OCCURRENCE $ BUSINESSOWNERS AGGREGATE : $ UTOMOBILELIABILITY I CO FaachBINED accdenlNGLELIMIT $ SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY - OCCURRENCE WORKERS COMPENSATION AND EMPLOYERS' LIABILITY POLICY APPLIES TO THE WORKERS COMPENSATION LAW IN THE STATE OF INC OTHER: I NIA DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES: GANGELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. COI 0910 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Peracciden EACH OCCURRENCE $ AGGREGATE $ WC STATUTORY UMrrS E.L. EACH ACCIDENT I $ E.L. DISEASE - EA EMPLOYEE I $ E.L. DISEASE - POLICY LIMIT 1 $ AUTHORIZED REPRESENTATIVE DATE 11/24/2021✓� Board of Commissioners - April 4, 2022 ITEM: 7 - 1 - 2 New Hanover County Contract # 22-0539 STATE OF NORTH CAROLINA AWARD OF FRANCHISE AGREEMENT FOR COUNTY OF NEW HANOVER SOLID WASTE SERVICES THIS FRANCHISE AGREEMENT made and entered into this the day of 2022, by and between NEW HANOVER COUNTY, North Carolina, a political subdivision of the State of North Carolina, hereinafter called "County" PORT CITY CONTAINERS LLC, North Carolina limited liability company, with its principal mailing address is 2213 Splitbook Ct., Wilmington NC 28411, hereinafter called "Operator." WITNESSETH WHEREAS, the County has, through the power granted to it under G.S. 153A-136, adopted an ordinance regulating the collection and disposal of solid wastes and requiring that all waste haulers have a license and a franchise in order to operate in the County, in order to provide the residents and commercial customer of the County with reliable, environmentally sound waste disposal now and in the future; and WHEREAS, Operator has contracted with commercial and/or residential customers located in New Hanover County in order to provide solid waste collection and disposal; and NOW THEREFORE, in consideration of the mutual benefits inuring to the parties hereto and based upon the mutual covenants contained herein and the considerations stated herein, the parties do hereby covenant and agree, and County hereby conveys a non- exclusive franchise to Operator, to collect and dispose of solid wastes to commercial and/or residential customers in the County. The parties therefore agree to the following terms and conditions: 1. Terms of Agreement. The initial term of this Franchise Agreement shall be seven (7) years from the date of signing. The Franchise may automatically renew and extend for a subsequent seven (7) year term, contingent upon County Commissioners approval pursuant to G.S. 153A-46. 2. Scope of Services. For the term of this Franchise Agreement, Operator agrees to provide commercial and/or residential customers with solid waste collection and transportation to County -approved disposal sites. 3. Disposal at County -Approved Facilities. Operator agrees to dispose of all waste collected in the County, as part of this franchise agreement, at County -approved facilities consistent with State law. With regard to County -approved facilities, said approval must be obtained by Operator prior to the disposal at said facilities, and said approval shall be granted or denied entirely at the discretion of the County. The County also has the authority to designate which facilities shall be used. 4. Curbside Recycling. Should Operator provide curbside trash collection services, Operator must also offer customer a curbside recycling option. 5. Administration/Billing. All billing of customers shall remain the responsibility of the franchisee. Board of Commissioners - April 4, 2022 ITEM: 7 - 2 - 1 New Hanover County Contract # 22-0539 6. Franchise. It is understood and agreed that all of the terms and conditions of New Hanover County Code Chapter 44, entitled "Solid Waste," pertaining to a franchise for solid waste collections are incorporated herein by reference and made a part hereof as if fully set forth, including but not limited to insurance requirements. 7. Personnel and Equipment. Operator shall equip and maintain all vehicles with staff and equipment to comply with any applicable regulations and laws. 8. Independent Contractor. It is mutually understood and agreed that Operator is an independent contractor and not an agent of the county, and as such, Operator, its agents and employees shall not be entitled to any County employee benefits, and as such, Operator, its agents and employees shall not be entitled to any County employment benefits, such as, but not limited to, vacation, sick leave, insurance, workers' compensation, or pension or retirement benefits. 9. Indemnity. To the extent permitted by law, Operator shall indemnify and hold the County, its agents and employees, harmless against any and all claims, demands, causes of action, or other liability, including attorneys' fees, on account of personal injuries or death or on account of property damages arising out of or relating to the work to be performed by Operator hereunder, resulting from the negligence of or willful act or omission of Operator, its agents, employees and subcontractors. To the extent permitted by law, the County shall indemnify and hold the Operator, its agents and employees, harmless against any and all claims, demands causes of action, or other liability, including attorneys' fees, on account of personal injuries or death or on account of property damages arising out of or related to the solid waste services operated and administered by the County, and resulting from the negligence of or willful act or omission of the County, its agents, employees, and subcontractors. 10. Business Auto Liability. Operator shall maintain applicable Business Liability and, if necessary, Commercial Umbrella Liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of any auto, including owned, hired, and non -owned autos used in the performance of work or services. 11. Assignment, Contracting. The parties agree that this agreement is not transferable or assignable by either party without the written consent of the other party to this agreement. Operator shall not subcontract with another entity to perform the services described herein without the approval of the County Manager or his designee. 12. Termination. The franchisee may terminate this franchise upon three hundred sixty-five (365) days written notice, or less notice with the consent of the County. The County may only revoke the franchise for cause as set out in Chapter 44, "Solid Waste," of the New Hanover County Code. This franchise may be modified or revoked by the County in the event that an ordinance is passed by the Board of Commissioners creating an exclusive franchise system for residential solid waste collection in the unincorporated County. Board of Commissioners - April 4, 2022 ITEM: 7 - 2 - 2 New Hanover County Contract # 22-0539 13. Non -Waiver of Rights. It is agreed that County's failure to insist upon the strict performance of any provision of this agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any rights under this agreement. 14. Equal Opportunity. In connection with the performance of this agreement, Operator agrees not to discriminate against any employee or applicant for employment because of race, religion, color, sex, age, disability, or national origin. 15. Entire Agreement. This agreement constitutes the entire understanding of the parties with regard to the provision of solid waste collection and disposal. No modification of rescission of this agreement shall be effective unless evidenced by a writing signed by both parties to this agreement. 16. E-Verify Compliance. Operator shall fully comply with the U.S. Department of Homeland Security employee legal status E-Verify requirements for itself and all its subcontractors. Violation of the provision, unless timely cured, shall constitute a breach of contract. IN WITNESS THEREOF, the parties have hereunto set their hands and seals by authority duly given on the day and year first above written. [SEAL] STATE OF COUNTY PORT CITY CONTAINERS LLC Member/Manager (SEAL) I, , a Notary Public of the State and County aforesaid, certify that came before me this day and acknowledged that (s)he is Member/Manager of PORT CITY CONTAINERS LLC, a North Carolina limited liability company, and that by County duly given and as the act of the corporation, the foregoing instrument was signed and sealed in its name by its Member/Manager. WITNESS my hand and official seal, this day of , 2022 Notary Public My Commission Expires [SEAL] New Hanover County digital signature page attached hereto and incorporated herein by reference. Board of Commissioners - April 4, 2022 ITEM: 7 - 2 - 3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:4/4/2022 Consent DEPARTMENT: Fire Services PRESENTER(S): Chief Donnie Hall CONTACT(S): Matt Davis, Deputy Chief SU BJ ECT: Adoption of Resolution to Award Bid for the Purchase of a Fire Rescue Boat and Contract to Waterline Systems/US Watercraft in the Amount of $478,943 BRIEF SUMMARY: Pursuant to NCGS 143-129, sealed bids were received on December 21, 2021, and publicly opened virtually using Microsoft Teams at 3:00 p.m. Bidders were invited to join the meeting by phone or computer to witness the bid opening. At the time of the bid opening, only three bids were presented to the Purchasing Supervisor to be opened; however, the bid from Lake Assault Boats was marked received at 2:49 p.m., but not delivered to the Purchasing Supervisor prior to the bid opening. This bid was accepted and is included in the bid summary. • Brix Marine $737,964 • Moose Boats $852,864 • Waterline $478,943 • Lake Assault $716,587 All bids were evaluated using the boat specifications check sheet provided in the bidding document. Waterline Systems/US Watercrafts was not only the lowest bidder to meet the specifications, but also was the only bidder within the approved budget. STRATEGIC PLAN ALIGNMENT: • Superior Public Health & Safety o Sustain the community capacity to prepare for and respond to public safety demands ■ Increase individual resident and business preparedness for emergencies RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt resolution for award of bid and contract in the amount of $478,943 to Waterline Systems/US Watercraft for the purchase of a fire boat. ATTACHMENTS: RESOLUTION BID SUMMARY Board of Commissioners - April 4, 2022 ITEM: 8 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - April 4, 2022 ITEM: 8 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION AWARD OF BID TO WATERLINE SYSTEMS/US WATERCRAFT FOR THE PURCHASE OF FIRE RESCUE BOAT WHEREAS, after due advertisement, bids were received and publicly opened by the purchasing supervisor via Microsoft Teams at 3:00 p.m., Tuesday, December 21, 2021. The following bids were received for the purchase of a fire rescue boat for New Hanover County Fire Services; and Brix Marine $737,964 Moose Boats $852,943 Waterline/US Watercraft $478,943 Lake Assault $716,587 WHEREAS, Waterline Systems/US Watercraft, is the lowest responsive, responsible bidder, submitting a bid in the amount of four hundred seventy-eight thousand nine hundred forty-three dollars ($478,943); and WHEREAS, staff has reviewed all bids and recommends that the bid be awarded to Waterline Systems/US Watercraft and funds were budgeted in FY21-22 for the purchase of the Fire Rescue Boat. NOW, THEREFORE, BE IT RESOLVED, by the New Hanover County Board of Commissioners that award of the bid to Waterline Systems/US Watercraft for the purchase of a Fire Rescue Boat in the amount of $478,943 is hereby approved. ADOPTED this the 4th day of April, 2022. ►IXTiTAmYA►[MAIN;10i1111M 1 Julia Olson-Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - April 4, 2022 ITEM: 8 - 1 - 1 PURCHASE OF FIRE RESCUE BOAT BID SUMMARY BID OPENING DATE: TUESDAY, DECEMBER 21, 2021 3:00 PM EST. ITEM DESCRIPTION BRIX MARINE ITEM DESCRIPTION MOOSE BOATS ITEM DESCRIPTION WATERLINE ITEM DESCRIPTION LAKE ASSAULT DESIGN $46,466.00 BOAT & CABIN $427,255.00 30 FIRE Cat $478,953.00 BOAT AS SPECIFIED IN BID $457,001.00 MANUFACTURING $600,850.00 ADDITIONS & EQUIPMENT $392,689.00 HULL SIZE 30' LENGTH BEAM 12' DELIVERY $7,010.00 DELIVERY $18,511.00 DELIVERY $30,420.00 ELECTRICAL TRAINING $1,500.00 TRAINING $1,441.00 FAMILARIZATION $2,500.00 POWER & PROPULSION 5 YEAR WARRANTY INCLUDED IN BOAT COST $0.00 BOND $10,161.00 5 YEAR MAINTENANCE 1000 HRS ANNUALLY $246,076.00 $677,429.00 OPTIONAL OPTIONAL COST FIVE YEAR WARRANTY $43,195.00 TRAVEL EXPENSES $6,500.00 TRAVEL FOR 4 $5,000.00 EXTENDED 5 YEAR WA $10,840.00 OPTIONAL COST $60,535.00 FIRE BOAT WITH OPTIC $737,964.00 $852,864.00 1 $478,943.00 1 $716,587.00 Board of Commissioners - April 4, 2022 ITEM: 8 - 2 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:4/4/2022 Consent DEPARTMENT: Tax PRESENTER(S): CONTACT(S): Trina Lewis SU BJ ECT: Approval of February 2022 Tax Collection Reports BRIEF SUMMARY: Trina Lewis, Collections Supervisor NCGS 105-350 requires the Tax Collector to submit a report showing the amount of taxes collected. Overall collection percentages for February 2022 within New Hanover County and Debt Service are ahead of overall collections for February 2021, while the Fire District is slightly behind. The report for February 2022 in comparison to February 2021 is as follows: New Hanover County Real Property Personal Property Motor Vehicle Overall Collection Rate Total Collected YTD New Hanover County Debt Service Real Property Personal Property Motor Vehicle Overall Collection Rate Total Collected YTD Grand Total Collected YTD New Hanover County Fire District Real Property Personal Property Motor Vehicle Overall Collection Rate Total Collected YTD February 2022 98.40 94.32 100.00% 98.20% $200,732,314.16 February 2021 98.31% 93.47% 100.00% 97.98% $169,915,443.36 February 2022 February 2021 98.38% 94.30 100.00% 98.29% $20,860,916.84 $221,593,231.00 February 2022 98.36% 95.59% 100.00% 98.24% $12,877,078.04 STRATEGIC PLAN ALIGNMENT: 98.27% 93.45 100.00 97.95 $22,382,654.42 $192,298,097.78 February 2021 98.47 96.19 100.00 98.34% $10,544,605.63 Board of Commissioners - April 4, 2022 ITEM: 9 e Good Governance Strong Financial Performance ■ Proactively manage the county budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the reports. ATTACHMENTS: New Hano%er County Monthly Collection Report for February 2022 New Hanoeer County Debt Service Monthly Collection Report for February 2022 New Hanoeer County Fire District Monthly Collection Report for February 2022 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - April 4, 2022 ITEM: 9 New Hanover County Monthly Collection Report for February 2022 Current Year 2021-2022 Scroll/Billed Abatements Adjustments Real Estate Personal Property Motor Vehicles Combined $ 185,077,365.61 $ (2,213,504.17) $ 55,688.88 $ 13,255,595.51 $ (176,421.83) $ 10,034.14 $ 8,146,613.02 $ $ $ 206,479,574.14 (2,389,926.00) 65,723.02 Total Taxes Charged Collections to Date *Refunds Write-off $ $ $ $ 182,919,550.32 182,083,330.52 2,083,138.52 78.52 $ $ $ $ 13,089,207.82 12,406,440.55 62,033.80 1,297.23 $ $ 8,146,613.02 8,146,613.02 $ $ $ $ 204,155,371.16 202,636,384.09 2,145,172.32 1,375.75 Outstanding Balance $ 2,919,279.80 $ 743,503.84 $ - $ 3,665,535.14 Collection Percentage 98.40 94.32 100.00 98.20 YTD Interest Collected $ 163,096.35 $ 4,096.51 $ 73,909.53 $ 241,102.39 Total 2021-2022 Collections YTD 200,732,314.16 Prior Years 2011-2020 Real Estate Personal Property Motor Vehicles Combined Scroll $ 1,559,827.99 $ 4,930,703.69 $ 324,971.15 $ 6,815,502.83 Abatements $ (2,014.80) $ (142,348.74) $ - $ (144,363.54) Adjustments $ (2,315.87) $ 6.71 $ - $ (2,309.16) Total Levy $ 1,555,497.32 $ 4,788,361.66 $ 324,971.15 $ 6,668,830.13 Collections to Date $ 444,253.38 $ 113,174.70 $ 1,399.04 $ 558,827.12 *Refunds $ 21,125.14 $ 12,994.04 $ 376.04 $ 34,495.22 Write-off $ 39,041.28 $ 249,739.19 $ 79,591.51 $ 368,371.98 Outstanding Balance 1 $ 1,093,327.80 $ 4,438,441.81 $ 244,356.64 $ 6,512,870.21 YTD Interest Collected $ 81,827.07 $ 20,237.36 $ 1,282.07 $ 103,346.50 Total Prior Year Collections YTD 627,678.40 Grand Total All Collections YTD $ 201,359,992.56 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - April 4, 2022 ITEM: 9 - 1 - 1 New Hanover County Debt Service Monthly Collection Report for February 2022 Current Year 2021-2022 Real Estate Personal Property Motor Vehicles Combined Scroll/Billed $ 19,180,870.05 $ 1,377,480.17 $ 928,557.15 $ 21,486,907.37 Abatements $ (229,373.18) $ (18,882.95) $ - $ (248,256.13) Adjustments $ 5,770.70 $ 1,039.77 $ - $ 6,810.47 Total Taxes Charged $ 18,957,267.57 $ 1,359,636.99 $ 928,557.15 $ 21,245,461.71 Collections to Date $ 18,672,538.79 $ 1,282,215.79 $ 928,557.15 $ 20,883,311.73 *Refunds $ 22,131.69 $ 263.20 $ 22,394.89 Write-off $ 19.88 $ 139.32 $ 159.20 Outstanding Balance $ 306,840.59 $ 77,545.08 $ - $ 362,309.18 Collection Percentage 98.38 94.30 100.00 98.29 YTD Interest Collected $ 17,277.83 $ 690.22 $ 9,106.05 Total 2021-2022 Collections YTD $ 20,860,916.84 Prior Years 2011-2020 Real Estate Personal Property Motor Vehicles Combined Scroll $ 163,392.17 $ 366,992.88 $ $ 530,385.05 Abatements $ (27.18) $ (13,906.98) $ (13,934.16) Adjustments $ (302.89) $ 0.88 $ (302.01) Total Levy $ 163,062.10 $ 353,086.78 $ $ 516,148.88 Collections to Date $ 51,036.34 $ 12,539.48 $ $ 63,575.82 *Refunds $ 130.93 $ 630.42 $ $ 761.35 Write-off $ 4.75 $ 3.03 $ $ 7.78 Outstanding Balance $ 112,151.94 $ 341,174.69 $ $ 453,342.19 YTD Interest Collected $ 7,037.65 $ 1,755.71 $ $ 8,793.36 Total Prior Year Collections YTD 71,607.83 Grand Total All Collections YTD $ 20,932,524.67 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - April 4, 2022 ITEM: 9 - 2 - 1 New Hanover County Fire District Monthly Collection Report for February 2022 Current Year 2021-2022 Scroll/Billed Abatements Adjustments Real Estate Personal Property Motor Vehicles Combined $ 11,539,113.20 $ (75,058.42) $ 6,514.88 $ 986,968.01 $ (13,687.55) $ 517.00 $ 646,614.54 $ $ $ 13,172,695.75 (88,745.97) 7,031.88 Total Taxes Charged Collections to Date *Refunds Write-off $ $ $ $ 11,470,569.66 11,299,348.03 16,563.19 19.76 $ $ $ $ 973,797.46 930,869.01 181.68 135.21 $ $ 646,614.54 646,614.54 $ $ $ $ 13,090,981.66 12,876,831.58 16,744.87 154.97 Outstanding Balance $ 187,765.06 $ 42,974.92 $ - $ 231,049.92 Collection Percentage 98.36 95.59 100.00 98.24 YTD Interest Collected $ 10,976.04 $ 474.94 $ 5,540.35 $ 16,991.33 Total 2021-2022 Collections YTD 12,877,078.04 Prior Years 2011-2020 Real Estate Personal Property Motor Vehicles Combined Scroll $ 95,635.54 $ 259,708.63 $ 19,675.71 $ 375,019.88 Abatements $ (279.86) $ (783.66) $ - $ (1,063.52) Adjustments $ - $ - $ - Total Levy $ 95,355.68 $ 258,924.97 $ 19,675.71 $ 373,956.36 Collections to Date $ 23,673.79 $ 14,010.84 $ 56.15 $ 37,740.78 *Refunds $ 31.61 $ 509.56 $ - $ 541.17 Write-off $ 1,288.26 $ 14,598.88 $ 4,657.39 $ 20,544.53 Outstanding Balance $ 70,425.24 $ 230,824.81 $ 14,962.17 $ 357,301.28 YTD Interest Collected $ 4,810.00 $ 1,155.20 $ 59.19 $ 6,024.39 Total Prior Year Collections YTD 43,765.17 Grand Total All Collections YTD $ 12,920,843.21 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - April 4, 2022 ITEM: 9 - 3 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:4/4/2022 Regular DEPARTMENT: Governing Body PRESENTER(S): Vice -Chair Hays CONTACT(S): Chris Coudriet, County Manager SU BJ ECT: Adoption of a Code of Ethics for the Current Board Members and Adoption of Amended Rules of Procedure for Meetings of the New Hanover County Board of Commissioners Manual BRIEF SUMMARY: General Statute 160A-86 requires local governing boards to adopt a code of ethics: (a) Governing boards of cities, counties, local boards of education, unified governments, sanitary districts, and consolidated city -counties shall adopt a resolution or policy containing a code of ethics to guide actions by the governing board members in the performance of the member's official duties as a member of that governing board. Vice -Chair Hays requested this item to update it for the current board. Unanimous adoption of the Code of Ethics would require an update to Rule 31 of the Rules of Procedure for Meetings of the New Hanover County Board of Commissioners manual. STRATEGIC PLAN ALIGNMENT: • Good Governance o Effective County Management ■ Increase transparency and awareness about county actions RECOMMENDED MOTION AND REQUESTED ACTIONS: Adoption of a Code of Ethics for the Current Board Members and Adoption of Amended Rules of Procedure for Meetings of the New Hanover County Board of Commissioners manual. ATTACHMENTS: Code of Ethics 2022 Rules of Procedure 2022 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend adoption of both documents. Board of Commissioners - April 4, 2022 ITEM: 10 COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - April 4, 2022 ITEM: 10 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION ADOPTING A CODE OF ETHICS WHEREAS, G.S. 160A-86 requires local governing boards to adopt a code of ethics; and WHEREAS, New Hanover County citizens deserve to be served by public officials who maintain the highest ethical standards; and WHEREAS, the stability and proper operation of democratic representative government depends upon public confidence in the integrity of the government, and upon responsible exercise of the trust conferred by the citizens upon their elected officials; and WHEREAS, board members must act in a manner that maintains their integrity and independence and be responsive to the interests and needs of those they represent; and WHEREAS, board members must know how to distinguish among their various roles, to determine when each role is appropriate, and to act accordingly: As advocates, who strive to advance the legitimate needs of their citizens; As legislators, who balance the public interest and private rights in considering and enacting ordinances and resolutions, and As fair and impartial decision -makers, when making quasi-judicial and administrative determinations. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners does hereby adopt the following Code of Ethics to guide the Board of County Commissioners in its decision -making. The Board of Commissioners directs all county boards and committees to respect and abide by this Code of Ethics in the performance of their duties. CODE OF ETHICS Purpose. The purpose of this Code of Ethics is to establish guidelines for ethical standards of conduct for the Board of County Commissioners. It should not be considered a substitute for the law or for a board member's best judgment. Section 1. A. Board members should obey all laws that apply to their official actions. The spirit as well as the letter of the law should guide their actions. Board members should feel free to assert policy positions and opinions without fear of reprisal from fellow board members or citizens. B. Board members should endeavor to keep themselves current, through the County Attorney and other sources, of the most pertinent constitutional, statutory, and other legal requirements with which they must be familiar in order to meet their legal responsibilities. C. Board members shall comply with G.S. 160A-87 in receiving two clock hours of ethics education within twelve months of each election or appointment to office. Section 2. Board members should act with integrity as they exercise the functions of their offices. Characteristics and behaviors that are consistent with this standard are: A. Behaving consistently and with respect towards everyone with whom they interact. B. Exhibiting trustworthiness. C. Living as if they are on duty as elected officials regardless of where they are or what they are doing. Board of Commissioners - April 4, 2022 ITEM: 10- 1 - 1 D. Using their best independent judgment to pursue the common good, while being able to consider the opinions of others, presenting their opinions to all in a forthright manner. E. Remaining incorruptible, self-governing, and not subject to improper influence. F. Disclosing contacts and information about issues that they receive outside of public meetings and refraining from seeking or receiving information about quasi-judicial matters outside of the quasi-judicial proceedings. G. Treating other board members and the public with respect and honoring the opinions of others even when they disagree. H. Being careful not to reach conclusions on issues until all sides have been heard. I. Recognizing that individual board members are not generally allowed to act on behalf of the Board but may only do so if the Board specifically so authorizes because the Board must take official action as a body. Section 3. Board members should be faithful in the performance of the duties of their office. Board members should faithfully attend and prepare for meetings. They should carefully analyze all credible information that is properly submitted to them, mindful of the need not to engage in communications outside the meeting in quasi-judicial matters. They should demand full accountability from those over whom the board has authority. Section 4. Elected members of local governing boards should conduct the affairs of their boards in an open and public manner. They should comply with all applicable laws governing open meetings and public records, recognizing that doing so is an important way to be worthy of the public's trust. They should remember when they meet that they are conducting the public's business. They should also remember that the records of their local government belong to the public. A climate of openness is to be maintained at all times. They should take deliberate steps to ensure that any closed sessions held by the Board are conducted lawfully, and that such sessions do not stray from the purposes for which they are called. Section 5. This Code of Ethics shall be effective upon adoption, unless modified, amended, or repealed. ADOPTED this the 4t" day of April, 2022. Julia Olson-Boseman, Chair Jonathan Barfield, Jr., County Commissioner Rob Zapple, County Commissioner NEW HANOVER COUNTY Deb Hays, Vice -Chair Bill Rivenbark, County Commissioner ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - April 4, 2022 ITEM: 10- 1 - 2 RULES OF PROCEDURE FOR MEETINGS OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS APPLICABILITY Rule 1. Applicability of Rules. These rules apply to all meetings of the New Hanover County Board of Commissioners at which the Board is empowered to exercise any of the executive, quasi-judicial, administrative, or legislative powers conferred on it by law, including but not limited to regular informal work sessions or committee meetings where public business is discussed but no official action is taken. II. OPEN MEETINGS Rule 2. Meetings to Be Open. A. The public policy of North Carolina and of New Hanover County is that the hearings, deliberations, and actions of this Board and its committees be conducted openly. B. Except as otherwise provided in these rules and in accordance with applicable law, each official meeting of the New Hanover County Board of Commissioners shall be open to the public, and any person may attend. C. For the purposes of the provisions of these rules concerning open meetings, an official meeting of the board is defined as any gathering together at any time or place or the simultaneous communication by conference call or other electronic means of a majority of board members for the purpose of conducting hearings, participating in deliberations, or voting upon or otherwise transacting public business within the jurisdiction, real or apparent, of the board. Rule 3. Closed Sessions. A. Notwithstanding the provisions of Rule 2, the Board may hold a closed session and exclude the public, but only for the permitted purposes set forth in N.C.G.S. 143- 318.11(a)(1-9). B. The board may go into closed session only upon motion made, seconded, and adopted at an open meeting. The motion shall state the general purpose of the closed session and must be approved by a majority of those board members present and voting. C. Unless the motion to go into closed session provides otherwise, the County Manager, County Attorney, and Clerk to the Board shall attend the closed session. All other persons present shall be at the discretion and consensus of a majority of the board. III. ORGANIZATION OF THE BOARD Rule 4. Organizational Meeting. On the first Monday in December following a general election in which county officers are elected, the board shall meet at their regular meeting time and place: A. The present Chair shall call the meeting to order and the present board, including retiring members, shall approve the minutes of the previous meeting(s). B. Newly elected members of the board shall take and subscribe the oath of office and be inducted into office if they have not already been sworn. C. The present Chair shall then recognize the County Attorney or the Clerk to the Board to preside until a new Chair is elected from its members. D. The board shall approve the bonds of the Finance Officer, Tax Collector, Sheriff and the Register of Deeds and induct them and any other newly elected county officials into office as appropriate. Rule S. Election of the Chair and Vice -Chair. The Chairman and Vice -Chair of the Board shall be elected annually at the Board's first Monday meeting in December for a term of one year and shall not be removed from the office of Chair or Vice -Chair unless he or she becomes disqualified to serve as a board member. Board of Commissioners - April 4, 2022 ITEM: 10- 2 - 1 IV. REGULAR AND SPECIAL MEETINGS Rule 6. Regular and Special Meetings. A. Regular Meetings. The Board shall hold a regular meeting on the first Monday of each month at 4:00 p.m. and on the third Monday of each month at 9:00 a.m. unless otherwise stated on the schedule approved by the board. Regular meetings shall be held in the Assembly Room located in the New Hanover County Courthouse, 24 North Third Street, Wilmington, N.C. B. Special Meetings. The Chair, or a majority of board members, may at any time call a special meeting of the Board by a notice stating the time and place of the meeting and the subject(s) to be considered. The person or persons calling the meeting shall cause the notice to be posted on the bulletin board located by the west entrance doors of the New Hanover County Government Center and disbursed to the chairman and all other board members by fax, email, or other appropriate method at least forty-eight hours before the meeting. In addition, the notice shall be mailed, faxed, emailed, or other appropriate method to individual persons and media organizations having requested such notice as provided in subsection (e) below. Only items of business specified in the notice may be transacted at a special meeting unless all members of the Board are present or those not present have signed waivers. C. Emergency Meetings. If a special meeting is called to deal with an unexpected circumstance requiring immediate consideration, the notice requirements of this rule do not apply. However, the person or persons calling an emergency meeting shall take reasonable action to inform the other board members and the public of the meeting. Local media organizations having requested notice of special meetings as provided in subsection (e), below, shall be notified of such emergency meetings by the same method used to notify board members. Only business connected with the emergency may be discussed at the meeting. D. Work Sessions and Committee Meetings. The board may schedule work sessions, committee meetings, or other informal meetings of the Board, or of a majority of its members, at such times and concerning such subjects as may be established by resolution or order of the Board. A schedule of any such meetings held regularly shall be filed in the same place and manner as the schedule of regular meetings. Work sessions and other informal official meetings not held regularly are subject to the same notice requirements as special meetings. E. Sunshine List. Any individual or media organization must file a written request annually, by the last day of July, with the clerk to the board for notice of all special meetings and regular meeting agenda summaries of the board. Requests by individuals, other than the media, will be subject to a $10.00 non-refundable annual fee; there will be no fee charged for notices sent by email or fax. Rule 7. All Meetings within the County. All meetings shall be held within the boundaries of New Hanover County except as otherwise provided herein: A. A joint meeting with the governing board of any other political subdivision of this or any other state may be held within the boundaries of either subdivision as may be specified in the call of the meeting. At any such joint meeting, this board reserves the right to vote separately on all matters coming before the joint meeting. B. A special meeting called for considering and acting on an order or resolution requesting members of the General Assembly representing all or any portion of this county to support or oppose any bill pending in the General Assembly or proposed for introduction therein may be held in Raleigh or other such place as stated in the call of meeting. C. A retreat, forum, or similar gathering held solely for the purpose of providing members of the board with general information relating to the performance of their public duties. D. A meeting to declare a State of Emergency or make decisions pertaining to a State of Emergency when a majority of the Board is out of the County on official business. Rules of Procedure for Meetings of the NHC Board of Commissioners —Amended April 4, 2022 Page 2 Board of Commissioners - April 4, 2022 ITEM: 10- 2 - 2 Rule 8. Broadcasting and Recording of Meetings. Except as provided in this rule, any media organization may broadcast all, or any part of an official board meeting required to be open to the public. Any person may photograph, film, tape-record, or otherwise reproduce any part of a meeting that is required to be open. V. AGENDA Rule 9. Agenda. A. The County Manager or the Clerk to the Board shall prepare the agenda for each regular meeting. A request to have an item of business placed on the agenda for a regular meeting must follow the approved agenda policy. Additional items may be introduced with the permission of the Chair. B. The agenda packet shall include the agenda coversheet, any proposed ordinances, or amendments to ordinances, and supporting documentation and background information relevant to items on the agenda. A copy of the agenda packet shall be made available to each board member at least seventy-two hours before the meeting. Rule 10. Order of Business. At regular meetings, the board shall proceed to conduct business in the following order: 1) Call to Order 2) Invocation 3) Pledge of Allegiance 4) Consent Agenda Items of Business 5) Regular Agenda Items of Business 6) Presentation of Service and Retirement Awards and Introduction of New Employees 7) Consideration of proclamations, resolutions, budget amendment ordinances, etc. 8) Public Hearings 9) Committee Appointments 10) Unfinished business 11) Public Comments on Non -Agenda Items 12) Additional Agenda Items of Business Without objection, the Chair may call items in the order most convenient for the dispatch of business. VI. CONDUCT OF DEBATE Rule 11. Powers of the Chair. The Chair shall preside at all board meetings. To address the board, a member of the board must be recognized by the Chair. The Chair shall have the following powers: A. To rule on points of parliamentary procedure, including the right to rule out of order any motion offered for obstructive or dilatory purposes; B. To determine whether a speaker has gone beyond reasonable standards of courtesy in his or her remarks and to entertain and rule on objections from other members on this ground; C. To call a brief recess at any time; and D. To adjourn in an emergency. Rule 12. Action by the Board. The Board shall proceed by motion. Any member, including the Chair, may make a motion. Rule 13. Second Required. A motion shall require a second. Rule 14. One Motion at a Time. A member may make only one motion at a time. Rules of Procedure for Meetings of the NHC Board of Commissioners —Amended April 4, 2022 Page 3 Board of Commissioners - April 4, 2022 ITEM: 10- 2 - 3 Rule 15. Substitute Motion. A substitute motion is out of order while another substitute motion is pending. A substitute motion is deemed to be a "main" or "principal" motion as distinguished between it and the various procedural motions listed in Rule 18. Rule 16. Adoption by Majority Vote. A motion shall be adopted if, after receiving a second, it is approved by a majority of the votes cast, unless otherwise required by these rules or North Carolina law. Rule 17. Debate. The chairman shall state the motion and then open the floor to debate, presiding according to the following general principles: A. The member making the motion or introducing the ordinance, resolution or order may speak first. B. A member who has not spoken on the issue shall be recognized before someone who has already spoken. C. If possible, the debate shall alternate between opponents and proponents of the measure. Rule 18. Procedural Motions. A. In addition to substitute motions, the procedural motions listed in subsection (b) of this rule, and no others, shall be in order. Unless otherwise noted, each motion is debatable, may be amended, and requires a second and a majority vote for adoption. B. In order of priority, the procedural motions are: 1. To adjourn. The motion may be made only at the conclusion of action on a pending matter; it may not interrupt deliberation of a pending matter. 2. To recess. 3. To call to follow the agenda. The motion must be made at the first reasonable opportunity, or it is waived. 4. To divide a complex motion and consider it by paragraph. 5. To defer consideration. A substitute motion whose consideration has been deferred expires one hundred days thereafter, unless a motion to revive consideration is adopted. 6. To call the previous question. The motion is not in order until there has been debate and every member of the board has had one opportunity to speak. 7. To postpone the meeting to a certain time and/or day. 8. To amend a motion. An amendment to a motion must be relevant to the subject of the motion, but it may not achieve the opposite effect of the motion. There may be amendments to the motion and there may be substitute motions, requiring a second and taking priority in voting. If the substitute motion succeeds, the original motion dies and is not considered. Any amendment to a proposed ordinance shall be submitted in writing. 9. To revive consideration. The motion is in order at any time within one hundred days of a vote deferring consideration. A substitute motion on which consideration has been deferred expires one hundred days after the deferral, unless a motion to revive consideration is adopted. 10. To reconsider. The motion must be made at the same meeting where the original vote was taken, and by a member who voted with the prevailing side. The motion to reconsider cannot interrupt deliberation on a pending matter but is in order any time before adjournment. Rule 19. Renewal of Motion. A defeated motion may not be renewed at the same meeting. Rule 20. Withdrawal of Motion. A motion may be withdrawn by the introducer at any time before the Chair puts the motion to vote. Rule 21. Duty to Vote. It is the duty of each member to vote unless excused by a majority vote according to law. The Board may excuse members from voting on matters involving their own financial interest or official conduct. A member wishing to be excused from voting shall so inform the Chair, who shall take a vote of the remaining members. A member who fails to vote, not having been excused, shall be recorded as voting in the affirmative. Rules of Procedure for Meetings of the NHC Board of Commissioners —Amended April 4, 2022 Page 4 Board of Commissioners - April 4, 2022 ITEM: 10- 2 - 4 Rule 22. Prohibition of Secret Voting. No vote may be taken by secret ballot. If the Board decides to vote by written ballot, each member shall sign his or her ballot and the minutes shall record the vote of each member. These ballots shall be retained and made available for public inspection until the minutes of that meeting have been approved, when they may be destroyed. Rule 23. Action by Reference. The Board shall not deliberate, vote, or otherwise act on any matter by reference to an agenda or document number unless copies of the agenda or documents being referenced are available for public inspection at the meeting and are so worded that people at the meeting can understand what is being discussed or acted on. Rule 24. Introduction of Ordinances, Resolutions or Orders. A proposed ordinance shall be deemed to be introduced at the first meeting where it is actually considered by the board. Rule 25. Adoption, Amendment or Repeal of Ordinances. To be adopted at the meeting where it is first introduced an ordinance or an action with the effect of an ordinance, or any ordinance amending or repealing an existing ordinance (except the budget ordinance, a bond order, or another ordinance requiring a public hearing before adoption) must be approved by all members of the Board of Commissioners. If the proposed measure is approved by a majority but not by all the members of the board, or if the measure is not voted on at that meeting, it shall be considered at the next regular meeting of the board. If it then or at any time thereafter within one hundred days of its introduction receives a majority of the votes cast, the measure is adopted. Rule 26. Public Hearings. Public hearings required by law or deemed advisable by the Board shall be organized by setting forth the subject, date, place, and time of the hearing as well as any rules regarding the length of time allotted to each speaker and designating representatives to speak for large groups. At the appointed time, the Chair shall call the hearing to order and preside over it. When the allotted time expires, the Chair shall declare the hearing ended and the Board shall resume the regular order of business. Rule 27. Quorum at Public Hearings. A quorum of the board must be present at all public hearings required by law. VII. MINUTES Rule 28. Minutes. Minutes shall be kept of all board meetings. Rule 29. Closed Session Minutes. Pursuant to North Carolina General Statutes 143-318.10, the Clerk to the Board shall keep accurate minutes or general accounts of all closed sessions: A. At the next regular board meeting following any closed session, closed session minutes will be distributed to each commissioner in sealed envelopes. Closed session minutes will be considered and approved by the board at the time regular meeting minutes are considered and approved. B. Following approval, all copies of the closed session minutes provided to the commissioners will be returned to the clerk. Closed session minutes will be sealed and not made available for public inspection until released as hereinafter provided. C. The attorney and clerk shall periodically review the closed session minutes to determine if their disclosure no longer frustrates the purpose for which the closed session was held. D. Upon board approval, the closed session minutes shall be released and made available for public inspection. Vill. COMMITTEE APPOINTMENTS Rule 30. Committee Appointments. The Board shall appoint citizens to boards and committees over which the Board has power of appointment at regular or special meetings called by the board. A nomination for an appointment must Rules of Procedure for Meetings of the NHC Board of Commissioners —Amended April 4, 2022 Page 5 Board of Commissioners - April 4, 2022 ITEM: 10- 2 - 5 be seconded in order to be considered for a vote by the board. It is the desire of the Board that all appointees shall serve at the pleasure of the Board and may be removed without cause by a majority vote of the county commissioners. IX. CODE OF ETHICS Rule 31. Code of Ethics. The board shall adhere to the Resolution Adopting a Code of Ethics as adopted on April 4, 2022. X. AMENDMENT TO RULES AND MISCELLANEOUS Rule 32. Amendments to These Rules. These Rules may be amended by an affirmative vote of a majority of the board members. Rule 33. Miscellaneous. These Rules of Procedure are directory, and not mandatory, and failure to follow them shall not be actionable in a court of law or equity unless otherwise provided by law. Initially adopted by the New Hanover County Board of Commissioners on February 15, 1993. AMENDED August 15, 2011. AMENDED October 20, 2014. AMENDED November 14, 2016. AMENDED April 4, 2022, effective upon adoption. NEW HANOVER COUNTY Julia Olson-Boseman, Chair Board of Commissioners ATTEST: Kymberleigh G. Crowell, Clerk to the Board Rules of Procedure for Meetings of the NHC Board of Commissioners —Amended April 4, 2022 Page 6 Board of Commissioners - April 4, 2022 ITEM: 10- 2 - 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:4/4/2022 Regular DEPARTMENT: County Manager PRESENTER(S): Tim Burgess, Deputy County Manager CONTACT(S): Tim Burgess SU BJ ECT: Second Reading and Approval of Amendment to New Hanover County Code of Ordinances Chapter 38 BRIEF SUMMARY: Note: This item was initially presented and considered at the March 21, 2022, meeting of the New Hanover County Board of Commissioners. At this meeting, the Board of Commissioners approved the Amendment to the New Hanover County Code of Ordinances Chapter 38, with the $50 fine provision removed, by a vote of 4-1. Since this item did not receive unanimous approval, a second reading and approval is required. Following is the original Brief Summary: In an email dated February 2, 2022, staff shared with the board the intent to bring forward a proposed amendment to Chapter 38 that will impact all county -owned and leased properties. This includes the county -owned property that is fronted by Third, Grace, and Chestnut Streets, which has become a place of respite for our homeless population. The county's goal regarding our homeless population at this location is to be accommodating and flexible as long as the area is maintained properly and there are not any disturbance issues. In spite of the good work by many, including WDI with the addition of someone to work with the homeless population in the downtown area to coordinate needed services, and several county departments, we are experiencing significant issues of concern. In addition to several alleged assaults, multiple instances of disruptions in the library, and using outdoor areas as restroom facilities, the property has become a place for overnight sleeping and storing and/or disposing of personal items. Although we are sympathetic to the needs of the homeless, we also have the responsibility to ensure that the property is safe, maintained properly, and is an attraction to those who visit or live downtown. Although the county and our partners will continue to work with the homeless community to address their needs and the issues with the property, the county is limited in its ability to require compliance when these efforts fail. Therefore, county staff would like to propose that the attached ordinance be adopted. The key points of the ordinance are as follows: • Sleeping on county property will be prohibited from 10:00 p.m. to 7:00 a.m. • Items left unattended for more than 2 hours are subject to disposal. • This ordinance will apply to all county owned and leased properties. • This ordinance does not apply to emergency management sheltering events, county employees in the performance of their job duties, and partially the general public within a county facility for the purpose of transacting business. • Exceptions to this ordinance can be made by the county manager or their designee. This ordinance will aid the county in keeping its properties safe, properly maintained, and attractive should other efforts fail. If this ordinance is adopted, community outreach will take place to ensure potentially impacted parties are aware of the ordinance and can comply before involvement of any law enforcement. Because this item is the adoption of an ordinance without a public hearing, it is required that the approval be by unanimous vote in order to forgo a second reading and approval. Board of Commissioners - April 4, 2022 ITEM: 11 STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the proposed ordinance amendment. ATTACHMENTS: Proposed Amendment to New Hanover County Code Chapter 38 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: A motion to deny was approved 4-1, Vice -Chair Hays dissenting. Board of Commissioners - April 4, 2022 ITEM: 11 NEW HANOVER COUNTY BOARD OF COMMISSIONERS ORDINANCE AMENDING NEW HANOVER COUNTY CODE CHAPTER 38 The Board of County Commissioners of New Hanover County, herby ordains and enacts that New Hanover County Code, Chapter 38, Offenses and Miscellaneous Provisions, Article II, Offense Against Property, be amended with the following new ordinance: Sec. 38-34. — Certain Prohibited Action on County Property Unless otherwise expressly authorized by public signage or written permission of the County Manager or their designee, it shall be unlawful for any person to do any of the following on or within any property owned by or leased to the County: (a) Occupy, camp, sleep, or place, erect or utilize any tents, cooking equipment or bedding between the hours of 10:00 PM and 7:00 AM or such other times as prohibited by signage, rule, policy, regulation, or law; and (b) Leave unattended at anytime for a duration of more than two (2) hours any personal effects, including but not limited to, clothing, foods, bedding or eating equipment. Personal effects deemed by County to constitute a health or security risk may be removed immediately; and (c) Subsections (a) and (b) of this section do not apply to emergency management sheltering events and county employees in the performance of their job duties; and (d) Subsection (b) of this section does not apply to the general public present within a county facility for the purpose of transacting business. Sec. 38-35. — Penalties (a) Any person violating Sec. 38-34(a) may be subject to removal by law enforcement off the premises as a trespasser and be subject to those criminal sanctions set forth in Chapter 14 of the North Carolina General Statutes; and (b) Any personal effects left unattended pursuant to Sec. 38-34(b) may be deemed abandoned and forfeited to the County for disposal at its election. ADOPTED this the day of 2022. NEW HANOVER COUNTY Julia Olson-Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - April 4, 2022 ITEM: 11- 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:4/4/2022 Regular DEPARTMENT: Fire Services PRESENTER(S): Donnie Hall, Fire Chief CONTACT(S): Donnie Hall or Chris Johnson, Administrative Support Coordinator SU BJ ECT: Consideration of Approval to Purchase Real Estate at 6068 Gordon Road for a Future Fire Station BRIEF SUMMARY: Fire Rescue is consistently monitoring growth and its impacts to service delivery in the unincorporated portions of New Hanover County. In the northern portion of the county, extensive growth has been experienced in the vicinity of Gordon Road. The county's Strategic Plan has identified this area as a Gateway and a Complete Communities Planning Area. This growth has resulted in an increase in travel times to emergency incidents. With the continued growth in the Gordon Road area, Fire Rescue submitted a Capital Project in the FY21 budget to start the process of locating a station in that area of the county. After an exhaustive search, we are bringing forward a purchase agreement for 6068 Gordon Road for approval. The property is located across from the intersection of Gordon Road and Indian Wells Way and is Zoned R-15. The agreed upon price for the 10.25 acres is $275,000. This parcel is approximately 160 feet wide, therefore, an adjacent parcel is under contract and we are in the due diligence period for purchasing that parcel. We will be bringing that to the board for approval at a later date, which will provide us adequate road frontage for our needs. The county has successfully reached an agreement with H. Kenneth Stevens, 11, Attorney at Law, who is acting as court appointed commissioner for the sale of this property. If the purchase is approved by the County Commissioners, a Report of Sale will be issued to the New Hanover County Clerk of Superior Court and applicable upset bid period of ten days will apply. A Phase 1 Environmental Survey has indicated that the site is suitable for a fire station. A preliminary site layout has been completed with restrictions and the site layout has been reviewed by NC DOT, NHC Planning and Land Use and NHC Stormwater. Site utilities have been identified near the parcel by CFPUA. STRATEGIC PLAN ALIGNMENT: Superior Public Health & Safety o Sustain the community capacity to prepare for and respond to public safety demands ■ Increase individual resident and business preparedness for emergencies RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the purchase of the property at 6068 Gordon Road and grant authority for the county manager to execute all necessary documents including navigating the requirements of the court ordered sale to include responding to any upset bids. Board of Commissioners - April 4, 2022 ITEM: 12 ATTACHMENTS: 6068 Gordon Road Maps and Photo COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - April 4, 2022 ITEM: 12 Vol" 4.4 6068 Gordon Road., Wilmington C�O SAPL Lj ib* Y. v MW f " 7if-df VP 'wr� W.- -1!1,* Board of Commissioners - April 4, 2022 ITEM: 12- 1 - 1 •' ,� l ■■ 1 F j� {jam E I � f I ,325.631.9S"91, 782.99' F-, ) - _ k � 9i� .. es r t � b � 7 y y a ' I .. - SIB - i �. ''�~ .I•'� - IS r 1 • .. � 1 - tea:,._- -. .. .� - r \ s". L • Google NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:4/4/2022 Regular DEPARTMENT: Environmental Management PRESENTER(S): Joe Suleyman, Environmental Management Director CONTACT(S): Joe Suleyman SU BJ ECT: Consideration of a Budget Amendment and Award of Bid for the Construction of Landfill Cells 11 &12A BRIEF SUMMARY: The capital project ordinance for the Landfill Southern Property Construction was adopted on June 19, 2017. A bid opening was scheduled for February 17, 2022 for the construction of Landfill Cells 11 & 12A. Only one (1) bid was received, resulting in the re -advertisement of the request for bids. Only one (1) qualified bid was again received and subsequently opened on March 7, 2022. Funds for the construction of Landfill Cells 11 & 12A were included in the Environmental Management Enterprise Fund's FY22 adopted budget. However, due to rising construction costs, the budgeted funds are insufficient to cover the cost of the construction project. A budget amendment is requested to transfer $3.0 million from the General Fund's fund balance to the Environmental Management Enterprise Fund (Southern Property Construction Fund) to cover the increased cost of the cell construction project and provide a reserve for contract change orders that may arise during the course of construction. The funds will be repaid to the General Fund by the Enterprise Fund over a five (5) year period, necessitating an increase in the landfill tipping fee by an additional $2.00/ton over the amount included in the requested budget, for a total tipping fee of $57.00/ton requested for FY23. The lowest and only bidder for the project is ES&J Enterprises, Inc., at a total bid amount of $7,351,790.00 to construct landfill cells 11 & 12A. Negotiations with the bidder has resulted in a cost reduction for the project. The negotiated bid amount is $6,956,790.00. A thorough review of the bidder's qualifications was conducted by SCS Engineers, P.C., resulting in their determination that ES&J Enterprises, Inc., is the lowest responsive, responsible bidder, and their recommendation that the bid be awarded to them. Staff recommends approval of the budget amendment to transfer funds from the General Fund's fund balance to the Environmental Management Enterprise Fund (Southern Property Capital Project), and approval of the award of the contract for Cells 11 & 12A Construction to ES&J Enterprises, Inc., at a cost of $6,956,790.00. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the budget amendment to transfer funds from the General Fund to the Southern Property Construction capital project fund, and adopt a resolution authorizing the award of the contract for Cells 11 & 12A Construction to ES&J Board of Commissioners - April 4, 2022 ITEM: 13 Enterprises, Inc., at a cost of $6,956,790.00, to include a 5-year repayment via a $2.00 increase in the tip fee. ATTACHMENTS: Resolution SCS Engineers' Recommendation Letter Budget Amendment COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - April 4, 2022 ITEM: 13 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION AUTHORIZING A CONTRACT FOR THE CONSTRUCTION OF LANDFILL CELLS 11 & 12A WHEREAS, after due advertisement, only one (1) bid was received from pre -qualified bidders at the bid opening in the Environmental Management Department at 2:00 p.m. on the 17' day of February, 2022; resulting in the readvertisement of the request for bids; and WHEREAS, after readvertisement, bids were recorded by the Environmental Management Department at 2:00 p.m. on the 7tn day of March, 2022, at the New Hanover County Environmental Management Department offices, 3002 U.S. Highway 421 N., Wilmington, North Carolina; and one (1) bid was received from pre -qualified bidders as per the county's prequalification ordinance; and WHEREAS, the bidder qualification review recommendation letter from SCS Engineers, Inc., determined that the one bid received was deemed to be responsive; and WHEREAS, the bid tabulation shown includes one (1) responsive, responsible bidder and includes the cost of the Construction of Landfill Cells 11 & 12A; and Bidder Bid Amount for Cells 11&12A Bidder Status ES&J Enterprises, Inc. $7,351,790.00 Responsive WHEREAS, the one (1) qualified responsive bidder, ES&J Enterprises, Inc. submitted a responsible bid for the Construction of Landfill Cells 11 & 12A, in the amount of $7,351,790.00; and WHEREAS, a bid evaluation was completed by SCS Engineers P.C., determining that ES&J Enterprises, Inc. met the criteria for minimum experience as set forth in Section 00100 INVITATION TO BID; and WHEREAS, negotiations with the contractor resulted in a lowered total negotiated bid amount of $6,956,790.00; and WHEREAS, partial funds for this project are available in the Southern Property Closure capital project fund, along with funds in the amount of $3,000,000.00 requested to be transferred by budget amendment from the New Hanover County General Fund as a loan to the Environmental Management Enterprise Fund. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners hereby authorizes the award of the Construction of Landfill Cells 11 & 12A, to ES&J Enterprises, Inc. in the amount of $6,956,790.00, and that the County is hereby authorized and directed to negotiate and execute a contract, the form of which shall be approved by the County Attorney. ADOPTED this the 4t" day of April, 2022. NEW HANOVER COUNTY Julia Olson-Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - April 4, 2022 ITEM: 13- 1 - 1 Environmental Consulting & Contracting March 23, 2022 File No. 09218086.14 Mr. Joe Suleyman 3002 US Highway 421 North Wilmington, NC 28401 Subject: Bidder Qualification Review Cell 11&12A Construction Project New Hanover County, NC Bid No. 22-0414 Dear Mr. Suleyman: On February 17th 2022, New Hanover County received one bid for the Cell 11&12A Construction Project. Per public bid standard procedure, the bid was returned and the project was Re -advertised until March 7th 2022, at which time one bid was again submitted by ES&J Enterprises, Inc. (ES&J). SCS Engineers, PC, (SCS) reviewed the accepted bid for New Hanover County Cells 11 & 12A construction in order to determine if the bidder demonstrated that they possess the required experience to bid on this project and identify any discrepancies within the submitted bid. 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 thejurisdiction 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 - April 4, 2022 ITEM: 13- 2 - 1 Mr. Joe Suleyman March 23. 2022 Page 2 SCS Evaluation SCS's evaluation began with our review of the bid from the only bidder, ES&J. SCS's review of the bid found that all requested materials were included and the required qualifications have been met. ES&J submitted a letter from their major subcontractor, Hallaton Environmental Linings, stating that they are not in arrears on payments. SCS attempted to contact six (6) references that were provided with the bid and was able to obtain feedback from three (3) individuals. All feedback was positive, stating that ESW was a good contractor to work with and their project experience was on time and budget. SCS then reviewed the Bid Form for ES&J. All line item totals and section subtotals appear to be mathematically correct. SCS confirmed a Base Bid (Cell 11) cost of $5,759,840.00. SCS identified one (1) discrepancy in the Bid Form, which was the Total for the Bid Alternate (Cell 11&12A), submitted as $5,332,700.00. SCS reached out to ES&J to ask if this value was correct, at which time ES&J indicated that this was a mathematical error in adding up the Bid Alternate Total. ES&J provided the corrected Bid Alternate Total, which SCS confirmed using unit costs submitted, to be $7,351,790.00 for both Cells 11&12A. A corrected Bid Form and SCS Bid Tabulation are provided in Attachments A and B respectively. Based on the information provided, ES&J Enterprises, Inc. is the lowest, responsive, responsible bidder, and therefore the apparent low bidder. Cell 11 is approximately 10 acres and Cell 12A is approximately 5 acres. The Bid Alternate includes the construction of both Cells 11 & 12A increasing the total area by approximately 50% with a cost increase of $1,591,950. SCS further identified that the cost per acre for only constructing Cell 11 (Base Bid) is approximately $550,000/AC. and the cost for constructing both Cells 11&12A (Bid Alt.) is approximately $460,000/AC. Scope Modification Following discussions with the County and ES&J, SCS issued Scope Modification #1 on March 18th 2022, which adjusted the scope for sodding/seeding and gravel roads, as well as inquired about Line Items that seemed unusual high in cost. SCS requested a revised cost from ES&J, which was received and reviewed on March 22nd 2022. SCS confirmed a revised Base Bid (Cell 11) cost of $5,364,840.00 and a revised Bid Alternate total (Cell 11&12A) of $6,956,790,00. This brings the cost per acre for only constructing Cell 11 (Base Bid) to approximately $536,000/AC. and the cost for constructing both Cells 11&12A (Bid Alt.) is approximately $435,000/AC. Attachment C presents the scope modification documentation and revised Bid Tabulation. Based on this information, SCS would recommend awarding the contract to ES&J, incorporating Scope Modification #1, and due to the significant economy of scale that the County consider the construction of the Bid Alternate including both Cell 11&12A. Board of Commissioners - April 4, 2022 ITEM: 13- 2 - 2 Mr. Joe Suleyman March 23. 2022 Page 3 Please feel free to call if you have questions or require additional information. Sincerely, Matt Brokaw, P.E. Senior Project Professional SCS Engineers, PC cc: Sam Hawes, New Hanover County Kim Roane, New Hanover County Encl. Corrected and Initialed Bid Form Bid Tabulation: Cell 11&12A Construction l Ian Spurlock, P.E. Senior Project Professional SCS Engineers, PC Scope Modification #1 Revised Costs and Tabulation Board of Commissioners - April 4, 2022 ITEM: 13- 2 - 3 ATTACHMENT A Corrected and Initialed Bid Form Board of Commissioners - April 4, 2022 ITEM: 13- 2 - 4 Connections _ 48 Training and Testing 1 LS 10, Doe t,'C I cau, ey Subtotal F -2 -1i aOp., 60 Total Base Bid (A through �S_ 9 �qr $ fb OD Note: The Bid comparisons for selection of CONTRACTOR will be determined by total of Base Bid items A-F. G. BID ALTERNATE (Cell 11 & 12A) ESTIMATED UNIT NO. DESCRIPTION QUANTITY UNITS PRICE TOTAL 14a Delete Item 14 and Replace with Subgrade Excavation 19,000 CY iD. OD 14 6 cot, a 15a Delete Item 15 and Replace with Subgrade Fill 72,000 CY Al fl. 511 5141 tilt . dz) 24a Delete Item 24 and Replace with GCL 153,000 SY Y R._ _ 7 IOU- ter 25a Delete Item 25 and Replace with 60 Mil HDPE Primary Liner 76,000 SY A !(! J3�� i�DL'•,C�i 26a Delete Item 26 and Replace with 60 Mil 14DPE Secondary Liner 78,000 SY rj,. Dt 28a Delete Item 28 and Replace with Collection Geocomposite 78,000 SY 1:9. 1�' 4 it b12, 5t 'De 29a Delete Item 29 and Rcplace with Drainage Sand Layer (24") 60.000 CY , j %.CL f1�C�co e.^ 32a Delete Item 32 and Replace with 8" HDPE Lateral Piping 4,500 LF oe 2- Mt,. ar 33a Delete Item 33 and Replace with 4" Toe Drain 1.800 LF _ 1h, bp 'I2 Mo. tv 37a Delete Item 37 and Replace with 8-oz Non -Woven Geotextile 4,000 SY 5. bb A Zr, Oct oe 38a Delete Item 38 and Replace with Non -calcareous thrashed Stone 2,100 CY A )-Sri. bb ,315 Doe. dt Total Bid Alternate A through G): '' L H. ADDITIONAL ITEMS ��' 49 Add Rain Tarp 2- AC 23, 000. a -it VIC0. On, 50 Add Rain Tarp 4 AC 000, ev !2. 0VO., 1B Subtotal H: 1 9 bpe C 00 New Hanover County Secure Landfill Bid Form Cells 11&12A Construction Project 00300 - 8 Rev. Addendum 2 1/2S/22 J Board of Commissioners - April 4, 2022 ITEM: 13- 2 - 5 ATTACHMENT B Bid Tabulation: Cells I I &I2A Construction Board of Commissioners - April 4, 2022 ITEM: 13- 2 - 6 Bid Tabulation: Cells 11&12A Estimated Units A. General Quantity Unit Price Total 1 Mobilization 1 LS $10,000.00 $10,000.0 2 Demobilization 1 LS $10,000.00 $10,000.0 3 Contractor's Field Office 1 LS $7,500.00 $7,500.00 4 Engineer's Field Office 1 LS $20,000.00 $20,000.0 5 Permits 1 LS $10.00 $10.00 6Insurance 1 LS $1,000.00 $1,000.00 7 Bonds 1 LS $75,000.00 $75,000.0 8 Administration 1 LS $10.00 $10.00 9 Surveying 1 LS $450,000.00 $450,000.0 10Indemnification 1 LS $10.00 $10.00 11 Trench Safety 1 LS $10.00 $10.00 12 Aerial Photos 1 LS $17,000.00 $17,000.0 13 Miscellaneous 1 LS $70,000.00 $70,000.00 B. Site Work Subtotal A= 540.00 14 Subgrade Excavation 13000 CY $10.00 $130,000.00 15 Subgrade Fill 60000 CY $7.50 $450,000.00 16 Stockpile Unsuitable Soil 5000 CY $10.00 $50,000.00 17 Subgrade Preparation 1 LS $106,000.00 $106,000.00 18 Topsoil/Sod 9000 SY $20.00 $180,000.00 19 Topsoil/Seed/Mulch 16000 SY $7.50 $120,000.00 19a Seed/Mulch 45000 SY $1.00 $45,000.00 20 Miscellaneous Clearing,Grubbing and Stripping 8 AC $8,000.00 $64,000.00 21 Gravel Access Road 1900 LF $75.00 $142,500.00 22 Gravel Haul Road 1 LS $15,000.00 $15,000.00 23JErosion Control/Silt Fence 1 LS $15?000.001 $15,000.00 C. Liner System Installation Subtotal B= $1,317,500.00 24 GCL 105000 SY $9.15 $960,750.00 25 60 Mil HDPE Primary Liner 52000 SY $7.05 $366,600.00 26 60 Mil HDPE Secondary Liner 53000 SY $7.05 $373,650.00 27 Temporary Liner Flap 1 LS $21,050.00 $21,050.00 28 Collection Geocomposite 53000 SY $13.75 $728,750.00 29 Drainage Sand Layer (24") 1 40000 1 CY $6.001 $240,000.00 301 Liner Markers 1 LS $30,000.001 $30,000.00 D. Leachate Collection System Subtotal C= $2,720,800.00 31 12" HDPE Header Piping 600 LS $90.00 $54,000.00 32 8" HDPE Lateral Piping 3000 LF $60.00 $180,000.00 33 4" Toe Drain 1400 LF $40.00 $56,000.00 34 Cleanouts, Connections, and associated Fittings 1 LS $50,000.00 $50,000.00 35 24" HDPE Collection Riser 1 LS $45,000.00 $45,000.00 36 4" HDPE Transducer Piping 1 LS $2,500.00 $2,500.00 37 8-oz Non -Woven Geotextile 3000 SY $5.00 $15,000.00 38 Non -calcareous Washed Stone 1600 CY $150.00 $240,000.00 E. Storm Water Piping and Structure Systems 39I18-inch RCP 450 LF Subtotal D= $642,500.0 $90.00 $40,500.0 &Precast Drop Inlet 5 EA $10,000.00 $50,000.0 41 Mitered End Sections 5 EA $3,000.00 $15,000.0 42 GFFR Outlet Protection 70 SY $600.00 $42,000.00 Subtotal E_ $147,500.00 Board of Commissioners - April 4, 2022 ITEM: 13- 2 - 7 F. Leachate Pumping System 43 Electrical Services and Control Panels 1 LS $130,000.00 $130,000.0 44 Leachate Collection Pump 1 LS $65,000.00 $65,000.00 45 Cell 11 Dual Wall Force Main Extension 80 LF $200.00 $16,000.00 _ 46 Dual Wall Forcemain Fittings and Valves 1 LS $35,000.00 $35,000.00 47 4" Valves, Meters, and Connections 1 LS $15,000.00 $15,000.00 48 Training and Testing 1 LS $10,000.00 $10,000.00 Subtotal F= $271,000.0 Base Bid Total Total = $5,759,840.00 G. Bid Alternate (Cell 11 &12A) 14a Delete Item 14 and Replace with Subgrade Excavation 19000 CY $10.00 $190,000.00 15a Delete Item 15 and Replace with Subgrade Fill 72000 CY $7.50 $540,000.00 24a Delete Item 24 and Replace with GCL 153000 SY $9.20 $1,407,600.0 25a Delete Item 25 and Replace with 60 Mil HDPE Primary Liner 76000 SY $7.10 $539,600.0 26a Delete Item 26 and Replace with 60 Mil HDPE Secondary Liner 78000 SY $7.00 $546,000.00 28a Delete Item 28 and Replace withCollection Geocomposite 78000 SY $13.75 $1,072,500.0 29a Delete Item 29 and Replace withDrainage Sand Layer (24") 60000 CY $6.00 $360,000.0 32a Delete Item 32 and Replace with 8" HDPE Lateral Piping 4500 LF $60.00 $270,000.0 33a Delete Item 33 and Replace with4" Toe Drain 1800 LF $40.00 $72,000.0 37a Delete Item 37 and Replace with 8-oz Non -Woven Geotextile 4000 SY $5.00 $20,000.0 38a Delete Item 38 and Replace with Non -calcareous Washed Stone 2100 CY $150.00 $315,000.00 Subtotal G= $5,332,700.00 Bid Alternate Total = $7,351,790.00 H. Additional Items 49 Add Rain Tarp 2 AC $23,000.001 $46,000.00 50 Add Rain Tarp 4 AC $18,000.00 $72,000.00 Subtotal H= $118,000.00 Board of Commissioners - April 4, 2022 ITEM: 13- 2 - 8 ATTACHMENT C Scope Modification #1 Board of Commissioners - April 4, 2022 ITEM: 13- 2 - 9 F�S ENTERPRISES, 1555 Holland Road Autryville, NC 28318 (910)567-6138 / (910)567-2891 fax DBE, WBE, HUB Certified NC License # 28994 sandyc@esandj.com March 22, 2022 Matt Brokaw, P.E. Senior Project Professional SCS Engineers/SCS Engineers PC 3801 Lake Boone Trail #410 Raleigh, NC 27607 Re: New Hanover County Secure Landfill Cells 11 & 12A Construction SCOPE Modification #1 Mr. Brokaw, Regarding the pricing of Scope Modification #1 per your instructions the following applies: 1. Item #9 Surveying: ES&J has reduced our total lump sure price from $450,000.00 to $425,000.00. This project required surveying is more and comparing one project costs to another is not relevant as it would be apples to oranges, and especially during such increased inflation. 2. Item 444 Leachate Pump: ES&J has reduced our total price by the elimination of the spare pump per Addendum #1. Costs cut in half. 3. Per this Scope Modification #1: In regards to Topsoil. New Hanover County personnel will perform walk thru of topsoil placed to remove any unsuitable debris. 4. All other price changes per your email are addressed in the proposal. Sincerely, Board of Commissioners - April 4, 2022 ITEM: 13- 2 - 10 ES&J Enterprises, Inc. andra C. CarroIl-Williams President cc: Kim Roane, NHC Joe SuIeyman, NHC Sam Hawes, NHC _ Board of Commissioners - April 4, 2022 ITEM: 13- 2 - 11 Sandra Carroll -Williams From: Brokaw, Matt <MBrokaw@scsengineers.com> Sent: Friday, March 18, 2022 3:47 PM To: Sandra Carroll -Williams Cc: Rick Williams; Danny Kissam; kerrysr1961@gmail.com; Kim Roane; shawes@nhcgov.com; Suleyman, Joe; Spurlock, Ian Subject: RE: Cell 11 &12A Construction CONFIDENTIAL Attachments: Cell 11 &12A_ REV SPECS_ Scope Mod_ 3-18-22.pdf; Cell 11 &12A_ REV DWGs_ Scope Mod 1_ 3-18-22.pdf, FIGURE 1- Seeding_ Scope Mod.pdf ?-i sandv— Please find attached documents regarding Cell 11&12A Scope Modification #1, as discussed. The following changes v:�ere n?cede: • Sod removed from the project + Installation of the gravel access/perimeter road has been remove • Topsoil from the County's on -site stockpile will be used Please review and complete the revised Bid Form provided. We would also like to still request follow-up on the two items noted below. Let me know if there are any questions. Thank you, Matt Frokaw, PE SCS Engineers Raleigh, North Carolina 919.604.4342 (C) mbrokaw@s . , - i_ieers.com From: Brokaw, Matt Sent: Thursday, March 17, 2022 9:44 AM To: Sandra Carroll -Williams <sandyc@esandj.com> Cc: Rick Williams <rickw@esandj.com>; Danny Kissam <drkrek@intrstar.net>; kerrysr1961@gmail.com; Kim Roane <KRoane@nhcgov.com>; shawes@nhcgov.com; Suleyman, Joe <jsuleyman@nhcgov.com>; Spurlock, Ian <ISpurlock@scsengineers.com> Subject: RE: Cell 11 &12A Construction CONFIDENTIAL Hello Sandy, We have received your letter and discussed next steps internally. We have a couple of follow-up questions on specific line items that stood out to us. Can you please check: • Item #9, Surveying -- this is at almost a half million for surveying, a significant increase from past projectjs). Can you please double-check this nuinber and ,provide reasoning if correct. Board of Commissioners - April 4, 2022 ITEM: 13- 2 - 12 Item. Leachate Pump — again this is a significant increase from past project(s) where we have required the some r`.t np PLUS a spare. However, for this project we have removed the spare pump per section 11300 (Addendurn #1). Please double-check and inform. In addition to that; SCS is working on some minor scope modifications for items incidental to the U: Cell construction, and shoWd be able to provide more information shortly. Thank you, Matt Brokaim, PE SCS Engineers Raleigh, North Carolina 919.604.4342 (C) Arokaw scsen�inoL.� c^^� From: Sandra Carroll -Williams <sandyc@esandi.com> Sent: Tuesday, March 15, 2022 6:25 PM To: Brokaw, Matt <MBrokaw@scsengineers.com> Cc: Rick Williams <rickw@esandi.com>; Danny Kissam <drkrek@intrstar.net>; kerrysr19610)gtnaiLcom; Kim Roane ov.com>; shawesrMi-i ;,a M_-,., Suleyman, Joe <isuleyman@nhcQov.com> Subject: Cell 11 &12A Construction This email originated from outside of SCS Engineers. Do not click links or open attachments unless yo. recognize the sender and know the content is safe. Matt, Per your phone call please see attached. Thanks... Sincerely, Sandra Carlisle Carroll -Williams President ES&J Enterprises, Inc. ENTERPRISES,t_ :�Acvwork, Utilities, aivd Sail Rem*dfx6cin �o the to rh thoughts siawll be esrobi<<bed" prow 16:3 1555 Hound Road Autryv:ile North Caro:Zna 28318 Phone- (910) 567.6138 - fax: (910) 567-2891 MBE. WBE. HJB2one Certifit•d 2 I/ Board of Commissioners - April 4 2022 ITEM: 13- 2 - 13 TABLE OF CONTENTS NEW HANOVER COUNTY LANDFILL CELL 11 & 12A CONSTRUCTION COUNTY CONTRACT NO.22-0414 DIVISION 0 — BIDDING AND CONTRACT DOCUMENTS 00020 Invitation to Bid 00100 Instructions to Bidders r Minority Participation 00300 Bid Form 1 on 00480 Non -Collusion Affidavit 00500 Agreement 00610 Performance Bond 00620 Payment Bond 00650 Certificate of Insurance 00700 General Conditions 00800 Supplementary Conditions 00830 Contract Forms DIVISION 1- GENERAL REQUIREMENTS_ 01000 General Requirements Ol�mary gL&oiect 0�102 Measurement and Payment pp nations or aymen s 01030 Special Provisions 01041 Project Coordination 01050 Field Engineering and Survey 01070 Abbreviations and Symbols 01200 Project Meetings 01310 Construction Schedules 01340 Shop Drawings, Working Drawings, and Samples 01370 Schedule of Values 01410 Testing and Testing Laboratory Services 01510 Temporary Facilities and Controls 01600 Material and Equipment 01650 Start -Up 01700 Contract Closeout 01720 Project Record Documents 01730 Operating and Maintenance Data 01740 Warranties and Bonds 01900 Suggested Construction Sequencing 01910 Contractor Compliance Requirements DIVISION 2 - SITE WORK 02210 Site Earthwork and Grading 02215 Safety Procedure 02220 Excavating, Backfilling, and Compaction Rev. Score Mod. #13/18/22 _ Board of Commissioners - April 4, 2022 ITEM: 13- 2 - 14 TABLE OF CONTENTS NEW HANOVER COUNTY LANDFILL CELL 11 & 12A CONSTRUCTION COUNTY CONTRACT NO.22-0414 02221 Demolition 02272 Grout Filled Fabric Revetments 02276 Temporary Erosion and Sedimentation Control 02550 Geotextile 02561 Collection Layer Geocomposite 02600 Aggregates 02720 Storm Drainage Systems 02726 Toe and Sub Drains 02730 Leachate Collection System 02776 Geosynthetic Clay Liner High Density Polyethylene (HDPE) Geomembrane Liner "Otopsoil d-..ng -Ad- ee��m and �. g iulching 02941 Geosynthetic Rain Tarp DIVISION 3 - CONCRETE 03410 Precast Concrete Structures DIVISION 11— EQUIPMENT 11300 Pumps DIVISION 16 — ELECTRICAL 4 BY OTHERS) 16000 General Conditions 16050 General Electrical Installation 16111 Electrical Raceways 16120 Low Voltage Wire and Cable 16140 Electrical Apparatus and Equipment 16411 Underground Electrical Services 16450 Grounding Rev. Scone Mod. #13l18t22 Board of Commissioners - April 4, 2022 ITEM: 13- 2 - 15 SECTION 00300 BID FORM Proposal For NEW HANOVER COUNTY CONSTRUCTION OF CELLS 11 & 12A CONSTRUCTION PROJECT RFB # 22-0414 Submitted: J - 2- ) — New Hanover County Department of Environmental Management 3002 Highway 421 North Wilmington, North Carolina28401 Sir or Madam: 20 2Z 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. New Ilanover County Secure Landfill Bid Form Cells I I&12A Construction Project 00300 - 1 Seo a Mod. #1 3/18/22 N^••� T Y Board of Commissioners - April 4, 2022 ITEM: 13- 2 - 16 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. Substantial Com .lms etion Final Item of Proiect from NTP Completion Cell 11 210 days 30 Additional Days Cell I I & 12A 270 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 No. 6 � O ` / / Bidder's Utilities License No. Name of Bidder and/or Representative New Hanover County Secure Landfill Cells 1 1 &12A Construction Project 00300 -- 2 V Bid Form Scone Mod. #1 3/18/22 ,. ek,e r202T Board of Commissioners - April 4, 2022 ITEM: 13- 2 - 17 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 WORK 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 11&12A CONSTRUCTION PROJECT dated December 01, 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 surn consideration of - Words J-1-ve rAiion-lbra' Dollars $ -�} 3 8 4D. 60 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 WORK 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 New Hanover County Secure Landfill Bid Form Cells I 1 &12A Construction Project 00300 - 3 Scone Mod. #1 3/18/22November2021 Board of Commissioners - April 4, 2022 ITEM: 13- 2 - 18 installed. Each section contains a miscellaneous item for BIDDERS to add any cost for 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 WORK. 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 WORK, except as provided in the Contract Documents. The OWNER reserves the right to delete portions of the WORK, or add to the WORK, 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 WORK occurs. TRENCH SAFETY COMPLIANCE 1. The bidder acknowledges the existence of North Carolina trench safety standards and the requirements established therein. 2. The bidder further acknowledges that the standards follow the Federal excavation safety standards set forth at 29 CFR Part 1926, Subpart P. 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. 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 Bid Form Cells 11&12A Construction Prqject 00300 - 4 Scope Mod. #1 3/18/22 N^.•._,�i V/ _ Board of Commissioners - April 4 2022 ITEM: 13- 2 - 19 Trench Safety Unit Com1'Jiance Method A. B. C. D. Estimated Unit Extended uanti Cost Cost 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 11 &12A Construction Project 00300 - 55 Scope Mod. #1 3118/22 NeyeflibeF 2021 V - -- Board of Commissioners - April 4, 2022 ITEM: 13- 2 - 20 BASE BID (Items A-F, Cell 11) A. GENERAL ESTIMATED UNIT NO. DESCRIPTION QUANTITY UNITS PRICE TOTAL I Mobilization 1 LS $10,000.00 $10,000.00 2 Demobilization 1 LS $10,000.00 $10,000.00 3 Contractor's Field Office 1 LS $7,500.00 $7,500.00 4 Engineer's Field Office I LS $20,000.00 $20,000.00 5 Permits 1 LS $10.00 $10.00 6 Insurance 1 LS $1,000.00 $1,000.00 7 Bonds I LS $75,000.00 $75,000.00 8 Administration I LS $10.00 $10.00 9 Surveying 1 LS $425,000.00 $425,000.00 10 Indemnification 1 LS $10 $10 11 Trench Safety I LS $10 $10 12 Aerial Photos I LS $17,000.00 $17,000.00 13 Miscellaneous l LS $70,000.00 $70,000.00 Subtotal A: $635,540.00 B. SITE WORK ESTIMATED UNIT NO. DESCRIPTION QUANTITY UNITS PRICE TOTAL 14 Subgrade Excavation 13,000 CY $10.00 $130,000.00 15 Subgrade Fill 60,000 CY $7.50 $450,000.00 16 Stockpile Unsuitable Soil 5,000 CY $10.00 $50,000.00 17 Subgrade Preparation 1 LS $106,000.00 $106,000.00 49 wed 998 42 -99 80,009,99 18a Topsoil Off -site /Seed/Mulch 50016,000 SY $10.00 $5,000.00 18b Topsoil On -site /Seed/Mulch 25,000 _ SY $4.00 $100,000.00 19a Seed/Mulch 45,000 SY $1.00 $45,000.00 20 Miscellaneous Clearing, Grubbing and Stripping 8 AC $8,000.00 $64,000.00 21. Gravel n,.eess Read 4-,900 1F &7 .89 $14 ,900.00 22 Gravel Haul Road 1 LS $15,000.00 $15,000.00 23 Erosion Control/Silt Fence 1 LS $15,000.00 $15,000.00 Subtotal B: $980,000.00 New Hanover County Secure Landfill Bid Form Cells 11&12A Construction Project 00300 - 6 Scope Mud. #1 3/18/22 Nevembw 2921 Board of Commissioners - April 4, 2022 ITEM: 13- 2 - 21 C. LINER SYSTEM INSTALLATION 24 GCL 105,000 SY 25 60 Mil HDPE Primary Liner 52,000 SY 26 60 Mil HDPE Secondary Liner 53,000 SY 27 Temporary Liner Flap 1 LS 28 Collection Geocomposite 53,000 SY 29 Drainage Sand Layer (24") 40,000 CY 30 Liner Markers 1 LS D. LEACHATE COLLECTION SYSTEM $9.15 $960,750.00 $7.05 $366,600.00 $7.05 $373,650.00 $21,050.00 $21,050.00 $13.75 $728,750.00 $6.00 $240,000.00 $30,000.00 $30,000.00 Subtotal C: $2,720,800.00 31 12" HDPE Header Piping 600 LF $90,00 $54,000.00 32 8" HDPE Lateral Piping 3,000 LF $60.00 $180,000.00 33 4" Toe Drain 1,400 LF $40.00 $56,000.00 34 Cleanouts, Connections, and associated Fittings 1 LS $50,000.00 $50,000.00 35 24" HDPE Collection Riser I LS $45,000.00 $45,000.00 36 4" HDPE Transducer Piping 1 LS $2,500.00 $2,500.00 37 8-oz Non -Woven Geotextile 3,000 SY $5.00 $15,000.00 38 Non -calcareous Washed Stone 1,600 CY $150.00 $240,000.00 Subtotal D• $642,500.00 E. STORMWATER PIPING AND STRUCTURE SYSTEMS 39 18-inch RCP 450 LF $90.00 $40,500.00 40 Precast Drop Inlet 5 EA $10,000.00 $50,000.00 41 Mitered End Sections 5 EA $3,000.00 $15,000.00 42 GFFR Outlet Protection 70 SY $600.00 $42,000.00 Subtotal E: $147,500.00 F. LEACHATE PUMPING SYSTEM 43 Electrical Services and Control Panels 1 LS $ l 30,000.00 $130,000.00 44 Leachate Collection Pump I LS $32,500.00 $32,500.00 45 Cell 11 Dual Wall Force Main Extension 80 LF $200.00 $16,000.00 46 Dual Wall Forcemain Fittings and Valves I _ LS $35,000.00 $35,000.00 New Hanover Countv Secure Landfill Bid Form Cells 11 &]2A Construction Project 00300 - 7 Scone Mod. #1 3/18/22 a ember 202�� 1 Board of Commissioners - April 4, 2022 ITEM: 13- 2 - 22 47 4" Valves, Meters, and Connections I LS $15.000.00 $15,000.00 48 Training and Testing 1 LS $10,000.00 $10,000.00 Subtotal F: $238,500.00 Total Base Bid (A through F); $5,364.040.00 Note: The Bid comparisons for selection of CONTRACTOR will be determined by total of Base Bid items A-F. G. BID ALTERNATE (Cell 11 & 12A) ESTIMATED UNIT NO. DESCRIPTION QUANTITY UNITS PRICE TOTAL 14a Delete Item 14 and Replace with Subgrade Excavation 19,000 CY $10.00 $190,000.00 15a Delete Item 15 and Replace with Subgrade Fill 72,000 CY $7.50 $540,000.00 24a Delete Item 24 and Replace with GCL 153,000 SY $9.20 $1,407,600.00 25a Delete Item 25 and Replace with 60 Mil HDPE Primary Liner 76,000 SY $7.10 $539,600.00 26a Delete Item 26 and Replace with 60 Mil HDPE Secondary Liner 78,000 SY $7.00 $546,000.00 28a Delete Item 28 and Replace with Collection Geocomposite 78,000 SY $13.75 $1,072,500.00 29a Delete Item 29 and Replace with Drainage Sand Layer (24") 60,000 CY $6.00 $360,000.00 32a Delete Item 32 and Replace with 8" HDPE Lateral Piping 4,500 LF $60.00 $270,000.00 33a Delete Item 33 and Replace with 4" Toe Drain 1.800 LF $40.00 $72,000.00 37a Delete Item 37 and Replace with 8-oz Non -Woven Geotextile 4,000 SY $5.00 $20,000.00 38a Delete Item 38 and Replace with Non -calcareous Washed Stone 2,100 CY $150.00 $315,000.00 Total Bid Alternate (A through G1: $6,956,.790.04 H. ADDITIONAL ITEMS 49 Add Rain Tarp _ 2 AC $23,000.00 $46,000.00 50 Add Rain Tarp 4 AC $18,000.00 $72,000.00 Subtotal H: $118,000.00 New Hanover County Secure Landfill Bid Form Cells 11 &12A Construction Project 00300 - 8 Scope Mod. 41 3/18/22 rT, vo Board of Commissioners - April 4, 2022 ITEM: 13- 2 - 23 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. Dated: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Attached hereto is a cashier's check on the Bank of Bond for the sum of Dollars( to New Hanover County, North Carolina. C/7JZ prl*Qd AC. L.S. (Name of Bidder) (Affix Sea]) K,4" J. &4/- L.S. (Signature of Officer)` ►1 ic0 -Pre► 4 L.S. CC (Title of Officer) Address: �J 55 to d4nd Rd. City: _ Jay ►!; i l - State: NG or Bid made payable `N�J ERP%%,, TORPOR L SEA - I 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 11.4.0 of Instruction to Bidders. New Hanover County Secure Landfill Bid Form Cells 11&12A Construction Project 00300- 9 Scope Mod. #1 3/18/22 Nevembef 2021 V/ Board of Commissioners - April 4, 2022 ITEM: 13- 2 - 24 Bid Tabulation: Cells 11&12A, Scope Mod. Estimated Units A. General Quantity Unit Price Total 1 Mobilization 1 LS $10,000.00 $10,000.0 2 Demobilization 1 LS $10,000.00 $10,000.00 3 Contractor's Field Office 1 LS $7,500.00 $7,500.00 4 Engineer's Field Office 1 LS $20,000.00 $20,000.OD 5 Permits 1 LS $10.00 $10.00 6lnsurance 1 LS $1,000.00 $1,000.00 7 Bonds 1 LS $75,000.00 $75,000.0 8 Administration 1 LS $10.00 $10.00 9 Surveying 1 LS $425,000.00 $425,000.0 10Indemnification 1 LS $10.00 $10.00 11 Trench Safety 1 LS $10.00 $10.00 12 Aerial Photos 1 LS $17,000.00 $17,000.00 131 Miscellaneous 1 LS $70?000.001 $70,000.00 B. Site Work Subtotal A= $635,540.00 14 Subgrade Excavation 13000 CY $10.00 $130,000.00 15 Subgrade Fill 60000 CY $7.50 $450,000.00 16 Stockpile Unsuitable Soil 5000 CY $10.00 $50,000.00 17 Subgrade Preparation 1 LS $106,000.00 $106,000.00 4.g 8A0A 3Y $A A9 $0.00 18a Topsoil (Off-site)/Seed/Mulch 500 SY $10.00 $5,000.00 18b Topsoil (On-site)/Seed/Mulch 25000 SY $4.00 $100,000.0 19 Seed/Mulch 45000 SY $1.00 $45,000.0 20 Miscellaneous Clearing,Grubbing and Stripping 8 AC $8,000.00 $64,000.0 -24 3900 L-F 09 22 Gravel Haul Road 1 LS $15,000.00, $15,000.0 23J Erosion Control/Silt Fence 1 LS $15,000.001 $15,000.00 C. Liner System Installation SubtotalB= $980,000.00 24 GCL 105000 SY $9.15 $960,750.00 25 60 Mil HDPE Primary Liner 52000 SY $7.05 $366,600.00 26 60 Mil HDPE Secondary Liner 53000 SY $7.05 $373,650.00 27 Temporary Liner Flap 1 LS $21,050.00 $21,050.00 28 Collection Geocomposite 53000 SY $13.75 $728,750.00 291 Drainage Sand Layer (24") 40000 CY $6.00 $240,000.00 301 Liner Markers 1 LS $30,000.00 $30,000.00 D. Leachate Collection System Subtotal C= $2,720,800.00 31 12" HDPE Header Piping 600 LS $90.00 $54,000.00 32 8" HDPE Lateral Piping 3000 LF $60.00 $180,000.00 33 4" Toe Drain 1400 LF $40.00 $56,000.0 34 Cleanouts, Connections, and associated Fittings 1 LS $50,000.00 $50,000.00 35 24" HDPE Collection Riser 1 LS $45,000.00 $45,000.0 36 4" HDPE Transducer Piping 1 LS $2,500.00 $2,500.00 37 8-oz Non -Woven Geotextile 3000 SY $5.00 $15,000.0 38 Non -calcareous Washed Stone 1600 CY $150,00 $240,000.00 E. Storm Water Piping and Structure Systems Subtotal D= $642,500.00 39 18-inch RCP 450 LF $90.00 $40,500.00 40 Precast Drop Inlet 5 EA $10,000.00 $50,000.00 41 Mitered End Sections 5 EA $3,000.00 $15,000.0 42 GFFR Outlet Protection 70 SY $600.00 $42,000.00 Board of Commissioners - April 4, 2022 ITEM: 13- 2 - 25 F. Leachate Pumping System 43 Electrical Services and Control Panels 1 LS 44 Leachate Collection Pump 1 LS 45 Cell 11 Dual Wall Force Main Extension 80 LF 46 Dual Wall Forcemain Fittings and Valves 1 LS 47 4" Valves, Meters, and Connections 1 LS 48 Training and Testing 1 LS Base Bid Total G. Bid Alternate (Cell 11 &12A) 14a Delete Item 14 and Replace with Subgrade Excavation 19000 CY 15a Delete Item 15 and Replace with Subgrade Fill 72000 CY 24a Delete Item 24 and Replace with GCL 153000 SY 25a Delete Item 25 and Replace with 60 Mil HDPE Primary Liner 76000 SY 26a Delete Item 26 and Replace with 60 Mil HDPE Secondary Liner 78000 SY 28a Delete Item 28 and Replace withCollection Geocomposite 78000 SY 29a Delete Item 29 and Replace with Drainage Sand Layer (24") 60000 CY 32a Delete Item 32 and Replace with 8" HDPE Lateral Piping 4500 LF 33a Delete Item 33 and Replace with4" Toe Drain 1800 LF 37a Delete Item 37 and Replace with 8-oz Non -Woven Geotextile 4000 SY 38a Delete Item 38 and Replace with Non -calcareous Washed Stone 2100 CY Bid Alternate H. Additional Items 49J Add Rain Tarp 2 AC 50 Add Rain Tarp 4 AC btotal E_ $.147,500.00 $130,000.00 $130,000.00 $32,500.00 $32,500.00 $200.00 $16,000.00 $35,000.00 $35,000.00 $15,000.00 $15,000.00 $10,000.00 $10,000.0 SubfotalF= $238,500.00 Total = $5,364,840.00 $10.00 $190,000.00 $7.50 $540,000.0 $9.20 $1,407,600.0 $7.10 $539,600.0 $7.00 $546,000.00 $13.75 $1,072,500.0 $6.00 _ $360,000.00 $60.00 $270,000.00 $40.00 $72,000.00 $5.00 $20,000.0 $150.00 $315,000.00 Subtotal G= $5,332,700.00 Total = $6,956,790.00 $23,000.001 $46,000.00 $18,000.00 $72,000.00 Subtotal H- $118,000.0 Board of Commissioners - April 4, 2022 ITEM: 13- 2 - 26 AGENDA: April 4, 2022 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2022 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2022. Section 1: Details of Budget Amendment Strategic Focus Area: Effective County Management Strategic Objective(s): Deliver quality service at the right time Fund: General Expenditure: Decrease increase Total BA 22-067 Transfer to Environmental Management Southern Property Capital Project Fund $ 3,000,000 $ 3,000,000 Total $ $ 3,000,000 $ 3,000,000 Revenue: Decrease Increase Total BA 22-067 General Fund Approp Fund Bal $ 3,000,000 $ 3,000,000 Total $ $ 3,000,00 1 $ 3,000,000 Prior to Actions Toda Appropriated Fund Balance $ 3,286,936 Fund: Environmental Management Southern PropertCapital Project Total if Actions Taken $ 6,286,936 Ex enditure: Decrease Increase Total BA 22-067 Southern Property Capital Project $ 3,000,000 $ 3,000,000 Total $ $ 3,0009000 11 $ 3,000,000 Revenue: Decrease Increase Total BA 22-067 Transfer in from General Fund $ 3,000,000 $ 3,000,000 Total $ $ 3,000,00 1 $ 3,000,000 Prior to Total if Actions Actions Toda Taken Southern Prop Cap Proj Budget $ 4,445,861 $ 7,4457861 Section 2: Explanation BA 22-067 is to transfer funds from the General Fund as a loan to the Environmental Management Capital Project Fund. The increase in the Capital Project Fund is required due to the unexpected increase in the bid amount received for the construction of Landfill Cells 11 & 12A. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 22-067 amending the annual budget ordinance for the fiscal year ending June 30, 2022, is adopted. Adopted, this 4th day of April, 2022. (SEAL) Julia Olson-Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - April 4, 2022 ITEM: 13- 3 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:4/4/2022 Regular DEPARTMENT: Finance PRESENTER(S): Lisa Wurtzbacher, Chief Financial Officer CONTACT(S): Lisa Wurtzbacher and Martha Wayne, Deputy Chief Financial Officer SU BJ ECT: Public Hearing on Proposed $34,000,000 Financing of Improvement Projects and Adoption of Approving Resolution BRIEF SUMMARY: At a regular meeting of the Board of Commissioners on March 21, 2022, the Board adopted the Resolution of the Board of Commissioners of the County of New Hanover, North Carolina, Authorizing the Negotiation of an Amendment to an Installment Financing Contract, Directing the Publication of Notice with Respect Thereto, Declaring the Intent of the County to Reimburse Itself for Capital Expenditures from Proceeds Thereof, and Providing for Certain Other Related Matters Thereto. The Board determined that it is in the best interest of the County to enter into an installment financing contract to pay the capital costs of constructing an Emergency Logistics Center, installation of water and sewer lines and road improvements for the Blue Clay Road Business Park, development of Hanover Pines Nature Park, and other various county and school capital improvements. A public hearing must be held concerning the Fourth Contract Amendment, the proposed 2022 Projects, and any other transactions contemplated therein and associated therewith. An approving resolution must also be adopted which among other things authorizes the Official Statement and the Fourth Contract Amendment, which drafts are included in this agenda item. It also authorizes the Chair, the County Manager and the Chief Financial Officer to act as the County's representatives on this transaction. The issuance of this debt maintains compliance with the New Hanover County Debt Management Policy. STRATEGIC PLAN ALIGNMENT: • Good Governance o Strong Financial Performance ■ Plan for the long-term financial health of the county ■ Proactively manage the county budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Hold public hearing and adopt approving resolution. ATTACHMENTS: Script Board of Commissioners - April 4, 2022 ITEM: 14 Appro\ing Resolution Fourth Contract Amendment Draft Official Statement COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Conduct public hearing. Recommend approval. COMMISSIONERS' ACTIONS: Conducted public hearing. Approved 5-0. Board of Commissioners - April 4, 2022 ITEM: 14 SCRIPT FOR AGENDA ITEM April 4, 2022 The Board of County Commissioners adopted on March 21, 2022 a Resolution of the Board of Commissioners of the County of New Hanover, North Carolina, Authorizing the Negotiation of an Amendment to an Installment Financing Contract, Directing the Publication of Notice with Respect Thereto, Declaring the Intent of the County to Reimburse Itself for Capital Expenditures from Proceeds Thereof, and Providing for Certain Other Related Matters Thereto. The Board determined that it is in the best interest of the County to enter into an installment financing contract to pay the capital costs of constructing an Emergency Logistics Center, installation of water and sewer lines and road improvements for the Blue Clay Road Business Park, development of Hanover Pines Nature Park, and other various county and school capital improvements. The Board must now conduct a public hearing concerning the Fourth Contract Amendment and the proposed 2022 Projects and any other transactions contemplated therein and associated therewith. Is there a motion to open the public hearing? MOTION: SECOND: VOTE: The public hearing is open for comments. Hear comments Is there a motion to close the public hearing and adopt the Resolution of the Board of Commissioners of the County of New Hanover, North Carolina, Approving an Amendment to an Installment Financing Contract and Delivery Thereof and Providing for Certain Other Related Matters? MOTION: SECOND: VOTE: Board of Commissioners - April 4, 2022 ITEM: 14- 1 - 1 RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, APPROVING AN AMENDMENT TO AN INSTALLMENT FINANCING CONTRACT AND DELIVERY THEREOF AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS WHEREAS, the County of New Hanover, North Carolina (the "County") is a validly existing political subdivision, existing as such under and by virtue of the Constitution, statutes and laws of the State of North Carolina (the "State"); WHEREAS, the County has the power, pursuant to the General Statutes of North Carolina to (1) enter into installment contracts in order to purchase, or finance or refinance the purchase of, real or personal property and to finance or refinance the construction or repair of fixtures or improvements on real property and (2) create a security interest in some or all of the property financed or refinanced to secure repayment of the purchase price; WHEREAS, the County has previously executed and delivered (1) an Installment Financing Contract dated as of June 1, 2010 (the "2010 Contract ") with the New Hanover Financing Corporation (the "Corporation "), the proceeds of which were used to finance the Projects (as defined in the 2010 Contract), including, among other things, the acquisition and renovation of a portion of the County's government center complex (the "Government Center") in 2005 and 2007 and acquisition of the County's judicial building in 2000 and a 5-story expansion of the judicial building in 2002 (the `Judicial Building"); (2) a Deed of Trust, Security Agreement and Fixture Filing dated as of June 1, 2010 (the "Original Deed of Trust") granting a lien on the sites of the Government Center and the Judicial Building, as modified by (a) a Notice of Extension of Deed of Trust to Additional Property dated as of February 1, 2020 extending the lien of the Original Deed of Trust to the site of the Juvenile Justice Facility (as defined in the Second Contract Amendment), (b) a Deed of Partial Release dated as of February 1, 2020 releasing the lien on the Government Center from the Original Deed of Trust, and (c) a Notice of Extension of Deed of Trust to Additional Property dated as of March 1, 2021 extending the lien of the Original Deed of Trust to the site of the New Government Center (as defined in the Third Contract Amendment) (collectively, the "Deed of Trust"); (3) Amendment Number One to the 2010 Contract dated as of September 1, 2012 (the `First Contract Amendment") with the Corporation, the proceeds of which were used to refinance the 2003 Projects (as defined in the First Contract Amendment); (4) Amendment Number Two to the 2010 Contract dated as of February 1, 2020 (the "Second Contract Amendment") with the Corporation, the proceeds of which were used to finance the 2020A Projects (as defined in the Second Contract Amendment); and (5) Amendment Number Three to the 2010 Contract dated as of March 1, 2021 (the "Third Contract Amendment") with the Corporation, the proceeds of which were used to finance the 2021 Projects and refinance the Refunded 2018 Contract (each as defined in the Third Contract Amendment); WHEREAS, the Board has previously determined that it is in the best interest of the County to enter into (1) Amendment Number Four to the 2010 Contract (the "Fourth Contract Amendment" and collectively with the 2010 Contract, the First Contract Amendment, the Second Contract Amendment, and the Third Contract Amendment, the "Contract") with the Corporation to pay the capital costs of (a) the acquisition, construction, and equipping of an Emergency Logistics Center, (b) the acquisition, construction, and development of Hanover Pines Nature Park, (c) water and sewer line and road improvements to Blue Clay Business Park, (d) renovations and improvements to parks and recreation facilities in the County, including Long Leaf Park, Veterans Park, Ogden Park, and Northern Regional Park, (e) the purchase and installation of certain information technology and communications equipment, (f) the acquisition of various vehicles and equipment for general government purposes, including for schools, police, and fire rescue, and (g) other miscellaneous capital improvements (collectively, the "2022 Projects "); Board of Commissioners - April 4, 2022 ITEM: 14- 2 - 1 WHEREAS, the Corporation will execute and deliver its Limited Obligation Bonds, Series 2022 (the "Bonds") in an aggregate principal amount not to exceed $34,000,000, evidencing proportionate undivided interests in rights to receive certain Revenues (as defined in the Contract) pursuant to the Contract, under the terms of the 2010 Indenture, as previously supplemented by Supplemental Trust Indenture, Number 1 dated as of September 1, 2012 (the `First Supplement, "), Supplemental Indenture, Number 2 dated as of February 1, 2020 (the "Second Supplement"), and Supplemental Indenture, Number 3 dated as of March 1, 2021 (the "Third Supplement"), each between the Corporation and U.S. Bank National Association, as trustee, and as further supplemented by Supplemental Indenture, Number 4 to be dated as of June 1, 2022 (the "Fourth Supplement" and together with the 2010 Indenture, the First Supplement, the Second Supplement, and the Third Supplement, the `Indenture"), between the Corporation and U.S. Bank Trust Company, National Association, as trustee (the "Trustee ") and successor in interest to U.S. Bank National Association; WHEREAS, in connection with the sale of the Bonds by the Corporation to PNC Capital Markets LLC (the "Underwriter"), the Corporation will enter into a Contract of Purchase to be dated on or about May 25, 2022 (the "Contract ofPurchase") between the Corporation and the Underwriter, and the County will execute a Letter of Representation to the Underwriter with respect to the Bonds (the "Letter of Representation"); WHEREAS, there have been described to the Board the forms of the following documents (collectively, the "Instruments"), copies of which have been made available to the Board, which the Board proposes to approve, enter into and deliver, as applicable, to effectuate the proposed installment financing: (1) the Fourth Contract Amendment; (2) the Fourth Supplement; (3) the Contract of Purchase; (4) the Letter of Representation; WHEREAS, to make an offering and sale of the Bonds, there will be prepared a Preliminary Official Statement with respect to the Bonds (the "Preliminary Official Statement"), a draft thereof having been presented to the Board, and a final Official Statement relating to the Preliminary Official Statement (together with the Preliminary Official Statement, the "Official Statement'), which Official Statement will contain certain information regarding the County; WHEREAS, it appears that each of the Instruments and the Preliminary Official Statement is in an appropriate form and is an appropriate instrument for the purposes intended; WHEREAS, a public hearing on the Fourth Contract Amendment and the 2022 Projects to be financed thereby after publication of a notice with respect to such public hearing must be held and the Board conducted such public hearing at this meeting; WHEREAS, the County has filed an application to the LGC for approval of the Fourth Contract Amendment; Board of Commissioners - April 4, 2022 ITEM: 14- 2 - 2 WHEREAS, Parker Poe Adams & Bernstein LLP, as bond counsel, will render an opinion to the effect that entering into the Fourth Contract Amendment and the transactions contemplated thereby are authorized by law; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, AS FOLLOWS: Section 1. Ratification oflnstruments. All actions of the County, the Chair of the Board (the "Chair'), the Clerk to the Board (the "Clerk"), the County Manager, the Chief Financial Officer of the County, the County Attorney and their respective designees, whether previously or hereinafter taken, in effectuating the proposed financing, including the making of application to the LGC, are hereby approved, ratified and authorized pursuant to and in accordance with the transactions contemplated by the Instruments. Section 2. Authorization of the Official Statement. The form, terms and content of the Preliminary Official Statement are in all respects authorized, approved and confirmed, and the use of the Preliminary Official Statement and of the final Official Statement by the Underwriter in connection with the sale of the Bonds is hereby in all respects authorized, approved and confirmed. The Chair, the County Manager and the Chief Financial Officer (collectively, the "Authorized Officers") are hereby authorized and directed, individually and collectively, to deliver, on behalf of the County, the Official Statement in substantially such form, with such changes, insertions and omissions as he or she may approve. Section 3. Authorization to Execute the Fourth Contract Amendment. The County hereby approves the financing of the 2022 Projects in accordance with the terms of the Contract, which will be a valid, legal and binding obligation of the County in accordance with its terms. The form and content of the Fourth Contract Amendment are hereby in all respects authorized, approved and confirmed, and the Chair, the Clerk and the County Manager and their respective designees are hereby authorized, empowered and directed, individually and collectively, to execute and deliver the Fourth Contract Amendment, including necessary counterparts, in substantially the form and content presented to the Board, but with such changes, modifications, additions or deletions therein as they may deem necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of the County's approval of any and all changes, modifications, additions or deletions therein from the form and content of the Fourth Contract Amendment presented to the Board. From and after the execution and delivery of the Fourth Contract Amendment, the Chair, the Clerk, the County Manager and the Chief Financial Officer of the County are hereby authorized, empowered and directed, individually and collectively, to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Fourth Contract Amendment as executed. Section 4. Letter of Representation. The form and content of the Letter of Representation are hereby in all respects approved, and the Authorized Officers are authorized to execute the Letter of Representation for the purposes stated therein. Section 5. County Representative. The Authorized Officers are hereby designated as the County's representatives to act on behalf of the County in connection with the transactions contemplated by the Instruments and the Preliminary Official Statement, and the Authorized Officers are authorized to proceed with financing the 2022 Projects in accordance with the Instruments and the Preliminary Official Statement and to seek opinions as a matter of law from the County Attorney, which the County Attorney is authorized to furnish on behalf of the County, and opinions of law from such other attorneys for all documents contemplated hereby as required by law. The County Manager and the Chief Financial Officer are hereby authorized, individually and collectively, to select a co -managing underwriter for the Bonds if Board of Commissioners - April 4, 2022 ITEM: 14- 2 - 3 they determine such selection to be in the best interests of the County. The County's representatives or their respective designees are hereby authorized, empowered and directed, individually and collectively, to do any and all other acts and to execute any and all other documents, which they, in their discretion, deem necessary and appropriate to consummate the transactions contemplated by the Instruments and the Preliminary Official Statement or as they deem necessary or appropriate to implement and carry out the intent and purposes of this Resolution and to administer the transactions contemplated by this Resolution after the execution and delivery of the Bonds. Section 6. Severability. If any section, phrase or provision of this Resolution is for any reason declared to be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases or provisions of this Resolution. Section 7. Repealer. All motions, orders, resolutions and parts thereof, in conflict herewith are hereby repealed. Section 8. Effective Date. This Resolution is effective on the date of its adoption. M Board of Commissioners - April 4, 2022 ITEM: 14- 2 - 4 STATE OF NORTH CAROLINA SS: COUNTY OF NEW HANOVER I, Kym Crowell, Clerk to the Board of Commissioners of the County of New Hanover, North Carolina, DO HEREBY CERTIFY that the foregoing is a true and exact copy of a resolution titled "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, APPROVING AN AMENDMENT TO AN INSTALLMENT FINANCING CONTRACT AND DELIVERY THEREOF AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS" adopted by the Board of Commissioners of the County of New Hanover, North Carolina in regular session convened on the 4r' day of April, 2022, as recorded in the minutes of the Board of Commissioners of the County of New Hanover, North Carolina. WITNESS, my hand and the seal of the County of New Hanover, North Carolina, this the _ day of April, 2022. (SEAL) Kym Crowell, Clerk to the Board of Commissioner County of New Hanover, North Carolina Board of Commissioners - April 4, 2022 ITEM: 14- 2 - 5 PARKER POE DRAFT 03/17/2022 AMENDMENT NUMBER FOUR TO THE INSTALLMENT FINANCING CONTRACT THIS AMENDMENT NUMBER FOUR TO THE INSTALLMENT FINANCING CONTRACT dated as of June 1, 2022, by and between NEW HANOVER COUNTY FINANCING CORPORATION (the "Corporation"), a nonprofit corporation duly created and existing under the laws of the State of North Carolina, and the COUNTY OF NEW HANOVER, NORTH CAROLINA, a political subdivision duly organized under the laws of the State of North Carolina (the "County"), amending an Installment Financing Contract dated as of June 1, 2010 (the "2010 Contract") between the Corporation and the County, as previously amended by Amendment Number One to the 2010 Contract dated as of September 1, 2012 (the "First Amendment"), Amendment Number Two to the 2010 Contract dated as of February 1, 2020 (the "Second Amendment"), and Amendment Number Three to the 2010 Contract dated as of March 1, 2021 (the "Third Amendment" and together with the 2010 Contract, the First Amendment, the Second Amendment and this Fourth Amendment, the "Contract"); WI TNESSE TH: WHEREAS, the Corporation and the County entered into the Contract for the purposes outlined therein; WHEREAS, the Corporation has previously executed and delivered (1) Refunding Limited Obligation Bonds (New Hanover County Projects), Series 2010, Evidencing Proportionate Undivided Interests in Rights to Receive Certain Revenues under the Contract in the aggregate principal amount of $49,835,000, all under an Indenture of Trust dated as of June 1, 2010 (the "2010 Indenture") between the Corporation and U.S. Bank Trust Company, National Association, as trustee (the "Trustee") in order to finance the Projects (as defined in the Contract),(2) Refunding Limited Obligation Bonds (County of New Hanover), Series 2012, Evidencing Proportionate Undivided Interests in Rights to Receive Certain Revenues under the Contract in the aggregate principal amount of $20,540,000, under Supplemental Indenture, Number 1 dated as of September 1, 2012 (the "First Supplement") in order to refinance the 2003 Projects (as defined in the First Amendment), (3) Limited Obligation Bonds, Series 2020A, Evidencing Proportionate Undivided Interests in Rights to Receive Certain Revenues under the Contract in the aggregate principal amount of $37,210,000, under Supplemental Indenture, Number 2 dated as of February 1, 2020 (the "Second Supplement"), and (4) Limited Obligation Bonds, Series 2021, Evidencing Proportionate Undivided Interests in Rights to Receive Certain Revenues under the Contract in the aggregate principal amount of $74,475,000, under Supplemental Indenture, Number 3 dated as of March 1, 2021 (the "Third Supplement" and together with the First Supplement and the Second Supplement, the "Prior Supplements") in order to finance the 2021 Projects and refinance the Refunded 2018 Contract (each as defined in the Third Amendment); WHEREAS, the County has determined that it is in its best interest to pay the capital costs of (a) the acquisition, construction, and equipping of an Emergency Logistics Center, (b) the acquisition, construction, and development of Hanover Pines Nature Park, (c) water and sewer line and road improvements to Blue Clay Business Park, (d) renovations and improvements to parks and recreation facilities in the County, including Long Leaf Park, Veterans Park, Ogden Park, and Northern Regional Park, (e) the purchase and installation of certain information technology and communications equipment, (f) the acquisition of various vehicles and equipment for general government purposes, including for schools, police, and fire rescue, and (g) other miscellaneous capital improvements (collectively, the "2022 Projects "); Board of Commissioners - April 4, 2022 ITEM: 14- 3 - 1 WHEREAS, under the 2010 Indenture, Additional Bonds (as defined therein) may be executed and delivered in order to pay (1) the cost of expanding the Projects or acquiring, constructing, renovating and equipping other facilities or acquiring equipment and other capital assets for utilization by the County for public purposes; (2) the cost of refunding of all or any portion of the Bonds then Outstanding (as defined therein) or any other installment financing obligations of the County, provided such a refunding does not result in a reduction in the bond rating assigned to the Outstanding Bonds by Moody's or S&P (each as defined therein), and (3) the Costs of Delivery (as defined therein) relating to the execution, delivery and sale of the Additional Bonds; WHEREAS, to pay the cost of acquiring, constructing, renovating and equipping facilities and acquiring equipment and other capital assets for utilization by the County for public purposes, the County wishes to amend the Contract as permitted under Section 9.04 of the 2010 Indenture; NOW, THEREFORE, THIS AMENDMENT NUMBER FOUR TO THE INSTALLMENT FINANCING CONTRACT WITNESSETH: Section 1. Definitions. Capitalized, undefined terms used herein have the meaning assigned to them in the 2010 Contract, the 2010 Indenture, the Prior Amendments, the Prior Supplements, and the Fourth Supplement. In addition, the following words and terms used herein have the meanings set forth below: "Fourth Amendment" means this Amendment Number Four to the Installment Financing Contract dated as of June 1, 2022 between the Corporation and the County, and any amendments or supplements hereto, including the Payment Schedule attached hereto, amending the Contract. "Fourth Supplement" means Supplemental Indenture, Number 4 dated as of June 1, 2022, between the Corporation and the Trustee and any amendments or supplements thereto, supplementing and amending the 2010 Indenture. "Prior Amendments" means the First Amendment, the Second Amendment, and the Third Amendment. "Prior Supplements" means the First Supplement, the Second Supplement, and the Third Supplement. "2022 Projects" means, collectively, (a) the acquisition, construction, and equipping of an Emergency Logistics Center, (b) the acquisition, construction, and development of Hanover Pines Nature Park, (c) water and sewer line and road improvements to Blue Clay Business Park, (d) renovations and improvements to parks and recreation facilities in the County, including Long Leaf Park, Veterans Park, Ogden Park, and Northern Regional Park, (e) the purchase and installation of certain information technology and communications equipment, (f) the acquisition of various vehicles and equipment for general government purposes, including for schools, police, and fire rescue, and (g) other miscellaneous capital improvements, all of which will become part of the Projects. Section Z Amendments to the Contract. (a) The definitions of the following words in the Contract are replaced with the following definitions: "Contract" means, collectively, the 2010 Contract, the First Amendment, the Second Amendment, the Third Amendment, and the Fourth Amendment. 2 Board of Commissioners - April 4, 2022 ITEM: 14- 3 - 2 "Projects" means, collectively, (1) projects refinanced with the proceeds of the 2010 Bonds, the 2012 Bonds, and the 2021 Bonds, (2) the 2020A Projects, (3) the 2021 Projects, and (4) the 2022 Projects. "Purchase Price" means the amount of $[ ] advanced by the Corporation to enable the County to finance and refinance the capital costs of the Projects under the terms of the Contract, as such price may be adjusted in connection with the execution and delivery of Additional Bonds under Section 2.11 of the 2010 Indenture. (b) Section 3.5 of the Contract is deleted in its entirety and replaced with the following paragraph: "(a) If the County has performed all of its obligations under this Contract, then it has the option to prepay or provide for the prepayment of the Purchase Price applicable to the 2010 Bonds on any date on or after February 1, 2020, in full or in part in the amount of $5,000 or any integral multiple thereof on 45 days' notice to the Trustee, at a prepayment price equal to 100% of the par amount of the 2010 Bonds plus accrued interest to the prepayment date. (b) If the County has performed all of its obligations under this Contract, then it has the option to prepay or provide for the prepayment of the Purchase Price applicable to the 2012 Bonds on any date on or after February 1, 2022, in full or in part in the amount of $5,000 or any integral multiple thereof on 45 days' notice to the Trustee, at a prepayment price equal to 100% of the par amount of the 2012 Bonds plus accrued interest to the prepayment date. (c) If the County has performed all of its obligations under this Contract, then it has the option to prepay or provide for the prepayment of the Purchase Price applicable to the 2020A Bonds on any date on or after February 1, 2030, in full or in part in the amount of $5,000 or any integral multiple thereof on 45 days' notice to the Trustee, at a prepayment price equal to 100% of the par amount of the 2020A Bonds plus accrued interest to the prepayment date. (d) If the County has performed all of its obligations under this Contract, then it has the option to prepay or provide for the prepayment of the Purchase Price applicable to the 2021 Bonds on any date on or after August 1, 2031, in full or in part in the amount of $5,000 or any integral multiple thereof on 45 days' notice to the Trustee, at a prepayment price equal to 100% of the par amount of the 2021 Bonds plus accrued interest to the prepayment date. (e) If the County has performed all of its obligations under this Contract, then it has the option to prepay or provide for the prepayment of the Purchase Price applicable to the 2022 Bonds on any date on or after June 1, 20[_], in full or in part in the amount of $5,000 or any integral multiple thereof on 45 days' notice to the Trustee, at a prepayment price equal to 100% of the par amount of the 2022 Bonds plus accrued interest to the prepayment date. (f) If the Purchase Price is partially prepaid, the Trustee shall recalculate the Payment Schedule as necessary in the manner required by Section 3.07 of the Indenture." 3 Board of Commissioners - April 4, 2022 ITEM: 14- 3 - 3 (c) Section 4.1 of the Contract is hereby replaced in its entirety by the following: "Section 4.L Disbursements. The Trustee shall disburse money held in the Acquisition and Construction Fund for payment of Costs of Acquisition and Construction on receipt of written requisition from the County Representative in the form set forth in Exhibit A, attached hereto, together with any documents or other items as the Trustee may reasonably determine to be necessary. To the extent any funds remain in the 2020A Bonds Account of the Acquisition and Construction Fund on completion of the 2020A Projects, the Trustee shall dispose of such funds as provided in Section 4.3 of the Second Supplement. To the extent any funds remain in the 2021 Bonds Account of the Acquisition and Construction Fund on completion of the 2021 Projects, the Trustee shall dispose of such funds as provided in Section 4.3 of the Second Supplement. To the extent any funds remain in the 2022 Bonds Account of the Acquisition and Construction Fund on completion of the 2022 Projects, the Trustee shall dispose of such funds as provided in Section 4.3 of the Second Supplement." (d) The form of requisition attached hereto as Exhibit A replaces the form of requisition provided as Exhibit A to the Contract and all references in the Contract to Exhibit A shall be read to apply to Exhibit A attached hereto. Section 3. Funds. The Corporation will cause the proceeds from the 2022 Bonds to be applied and deposited as set forth in Section 4.2 of the Fourth Supplement. The Trustee shall disburse money held in the 2022 Bonds Account of the Acquisition and Construction Fund to pay Costs of Acquisition and Construction relating to the 2022 Bonds on receipt of written requisition in the form set forth in Exhibit A attached hereto, together with any documents or other items as the Trustee may reasonably determine to be necessary. Section 4. Payment Schedule. The Payment Schedule attached to the Contract is replaced by the Payment Schedule attached hereto, and after the date of this Fourth Amendment, the County agrees to make all Installment Payments in the amounts and at the times shown in the Payment Schedule attached hereto. Section 5. Continuing Disclosure Obligation. With respect to the 2022 Bonds, the County agrees, in accordance with Rule 15c2-12 (the "Rule") promulgated by the Securities and Exchange Commission (the "SEC"), to provide: (1) by not later than seven months after the end of each Fiscal Year, beginning with the Fiscal Year ending June 30, 2022, to the Municipal Securities Rulemaking Board (the "MSRB"), the audited financial statements of the County for such Fiscal Year, if available, prepared in accordance with Section 159-34 of the General Statutes of North Carolina, as it may be amended from time to time, or any successor statute, or if such audited financial statements are not then available, unaudited financial statements of the County for such Fiscal Year to be replaced subsequently by audited financial statements of the County to be delivered within 15 days after such audited financial statements become available for distribution; (2) by not later than seven months after the end of each Fiscal Year, beginning with the Fiscal Year ending June 30, 2022, to the MSRB, the financial and statistical data as of a date not earlier than the end of such Fiscal Year for the type of information included under the captions "THE COUNTY --DEBT INFORMATION" and "--TAX INFORMATION" (including subheadings thereunder) in the Official Statement dated [May 4 Board of Commissioners - April 4, 2022 ITEM: 14- 3 - 4 25], 2022 with respect to the 2022 Bonds (excluding, in each case, any information on overlapping or underlying units), to the extent such items are not included in the audited financial statements referred to in (1) above; (3) in a timely manner not in excess of 10 business days after the occurrence of the event, to the MSRB, notice of any of the following events with respect to the 2022 Bonds: (a) principal and interest payment delinquencies; (b) non-payment related defaults, if material; (c) unscheduled draws on the debt service reserves reflecting financial difficulties; (d) unscheduled draws on any credit enhancements reflecting financial difficulties; (e) substitution of any credit or liquidity providers, or their failure to perform; (f) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the 2022 Bonds, or other material events affecting the tax status of the 2022 Bonds; (g) modification of the rights of the Beneficial Owners of the 2022 Bonds, if material; offers; (h) call of any of the 2022 Bonds, if material, and tender (i) defeasance of any of the 2022 Bonds; 0) release, substitution or sale of any property securing repayment of the 2022 Bonds, if material; (k) rating changes; (1) bankruptcy, insolvency, receivership or similar event of the County; (m) the consummation of a merger, consolidation, or acquisition involving the County or the sale of all or substantially all of the assets of the County, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to such actions, other than pursuant to its terms, if material; 5 Board of Commissioners - April 4, 2022 ITEM: 14- 3 - 5 (n) appointment of a successor or additional trustee or the change of name of a trustee, if material; and (o) incurrence of a financial obligation of the County, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a financial obligation of the County, any of which affect securities holders, if material; and (p) default, event of acceleration, termination event, modification of terms, or other similar events under the terms of a financial obligation of the County, any of which reflect financial difficulties; and (4) in a timely manner, to the MSRB, notice of a failure of the County to provide required annual financial information described in (1) or (2) above on or before the date specified. For purposes of this undertaking, "financial obligation" means (a) a debt obligation, (b) a derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation, or (c) a guarantee of either clause (a) or (b) above. The term "financial obligation" shall not include municipal securities as to which a final official statement has been provided to the MSRB consistent with the Rule. The County agrees that its undertaking under this paragraph is intended to be for the benefit of the Owners and the beneficial owners of the 2022 Bonds and is enforceable by the Trustee or by any of them, including an action for specific performance of the County's obligations under this paragraph, but a failure to comply will not be an Event of Default and will not result in acceleration of the principal component of Installment Payments. An action must be instituted, had and maintained in the manner provided in this paragraph for the benefit of all of the Owners and beneficial owners of the 2022 Bonds. The County may modify from time to time, consistent with the Rule, the information provided or the format of the presentation of such information, to the extent necessary or appropriate in the judgment of the County, but: (1) Any such modification may only be made in connection with a change in circumstances that arises from a change in legal requirements, change in law or change in the identity, nature or status of the County; (2) the information to be provided, as modified, would have complied with the requirements of the Rule as of the date of the Official Statement, after taking into account any amendments or interpretations of the Rule as well as any changes in circumstances; and (3) any such modification does not materially impair the interest of the Owners or the beneficial owners, as determined by nationally recognized bond counsel or by the approving vote of the Owners of a majority in principal amount of the 2022 Bonds the Outstanding pursuant to the Indenture as may be amended from time to time. Any annual financial information containing modified operating data or financial information will explain, in narrative form, the reasons for the modification and the impact of the change in the type of operating data or financial information being provided. 6 Board of Commissioners - April 4, 2022 ITEM: 14- 3 - 6 All documents provided to the MSRB as described above are to be provided in an electronic format as prescribed by the MSRB and accompanied by identifying information as prescribed by the MSRB. The County may discharge its undertaking described above by transmitting those documents or notices in a manner subsequently required by the U.S. Securities and Exchange Commission in lieu of the manner described above. The provisions of this paragraph terminate on payment, or provision having been made for payment in a manner consistent with the Rule, in full of the principal of and interest with respect to the 2022 Bonds. Section 6. Representations, Warranties and Covenants of the County and the Corporation. The County hereby represents and warrants that the representations, warranties and covenants in Section 8.1 of the Contract are true and correct as of the date of the execution and delivery of this Fourth Amendment as if made on the date of the execution and delivery of this Fourth Amendment. The Corporation hereby represents and warrants that the representations and warranties in Section 8.2 of the Contract are true and correct as of the date of the execution and delivery of this Fourth Amendment as if made on the date of the execution and delivery of this Fourth Amendment. Section 7. Arbitrage and Tax Covenants. The County covenants that it will not take or permit, or omit to take or cause to be taken, any action that would adversely affect the exclusion from gross income of the recipient thereof for federal income tax purposes of that portion of the interest components of the Installment Payments intended as of the date hereof to be excluded from gross income of the recipient thereof for federal income tax purpose and, if it should take or permit, or omit to take or cause to be taken, any such action, the County will take or cause to be taken all lawful actions within its power necessary to rescind or correct such actions or omissions promptly upon having knowledge thereof. The County acknowledges that the continued exclusion of that portion of the interest on the interest component of the Installment Payments from the Owner's gross income for federal income tax purposes intended as of the date hereof to be excluded from gross income of the recipient thereof for federal income tax purpose depends, in part, on compliance with the arbitrage limitations imposed by Section 148 of the Code. The County covenants that it will comply with all the requirements of Section 148 of the Code, including the rebate requirements, and that it will not permit at any time any of the proceeds of the 2022 Bonds or other funds under its control or under any fund created in the Indenture to be used, directly or indirectly, to acquire any asset or obligation, the acquisition of which would cause the 2022 Bonds to be "arbitrage bonds" for purposes of Section 148 of the Code. The County covenants that it will comply and will direct the Trustee to comply with the investment instructions in the Tax Certificate with respect to the 2022 Bonds. [SIGNATURES BEGIN ON FOLLOWING PAGE] 7 Board of Commissioners - April 4, 2022 ITEM: 14- 3 - 7 IN WITNESS WHEREOF, the Corporation and the County have caused this Fourth Amendment to be executed in their respective names and their respective seals to be hereto affixed and attested by their duly authorized officials or officers, all as of the date first above written. [SEAL] Attest: Chris Coudriet Secretary NEW HANOVER COUNTY FINANCING CORPORATION M. Julia Olson-Boseman President [SIGNATURES CONTINUED ON FOLLOWING PAGES] 8 Board of Commissioners - April 4, 2022 ITEM: 14- 3 - 8 [COUNTERPART SIGNATURE PAGE TO AMENDMENT NUMBER FOUR TO THE INSTALLMENT FINANCING CONTRACT BETWEEN NEW HANOVER COUNTY FINANCING CORPORATION AND THE COUNTY OF NEW HANOVER, NORTH CAROLINA] COUNTY OF NEW HANOVER, NORTH CAROLINA [SEAL] Chris Coudriet County Manager Attest: Kym Crowell Clerk to the Board of County Commissioners [SIGNATURES CONTINUED ON THE FOLLOWING PAGE] 9 Board of Commissioners - April 4, 2022 ITEM: 14- 3 - 9 [COUNTERPART SIGNATURE PAGE TO AMENDMENT NUMBER FOUR TO THE INSTALLMENT FINANCING CONTRACT BETWEEN NEW HANOVER COUNTY FINANCING CORPORATION AND THE COUNTY OF NEW HANOVER, NORTH CAROLINA] Consented to and Accepted: U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, as Trustee Shawna L. Hale Vice President [SIGNATURES CONTINUED ON THE FOLLOWING PAGE] 10 Board of Commissioners - April 4, 2022 ITEM: 14- 3 - 10 [COUNTERPART SIGNATURE PAGE TO AMENDMENT NUMBER FOUR TO THE INSTALLMENT FINANCING CONTRACT BETWEEN NEW HANOVER COUNTY FINANCING CORPORATION AND THE COUNTY OF NEW HANOVER, NORTH CAROLINA] THIS CONTRACT AMENDMENT HAS BEEN APPROVED UNDER THE PROVISIONS OF THE NORTH CAROLINA GENERAL STATUTES, § 159-152. Sharon Edmundson Secretary of the Local Government Commission 11 Board of Commissioners - April 4, 2022 ITEM: 14- 3 - 11 INSTALLMENT PAYMENT SCHEDULE — 2010 BONDS PRINCIPAL INTEREST DATE COMPONENT COMPONENT TOTAL PAYMENT 12/01/2022 $ 3,835,000.00 $ 120,875.00 $ 3,955,875.00 06/01/2023 - 25,000.00 25,000.00 12/01/2023 335,000.00 25,000.00 360,000.00 06/01/2024 - 16,625.00 16,625.00 12/01/2024 335,000.00 16,625.00 351,625.00 06/01/2025 - 8,250.00 8,250.00 12/01/2025 330,000.00 8,250.00 338,250.00 $ 4,835,000.00 $ 220,625.00 $ 5,055,625.00 PS-1 Board of Commissioners - April 4, 2022 ITEM: 14- 3 - 12 INSTALLMENT PAYMENT SCHEDULE — 2012 BONDS PRINCIPAL INTEREST DATE COMPONENT COMPONENT TOTAL PAYMENT 12/01/2022 $ 1,335,000.00 $ 141,375.00 $ 1,476,375.00 06/01/2023 - 114,675.00 114,675.00 12/01/2023 970,000.00 114,675.00 1,084,675.00 06/01/2024 - 92,850.00 92,850.00 12/01/2024 960,000.00 92,850.00 1,052,850.00 06/01/2025 - 71,250.00 71,250.00 12/01/2025 955,000.00 71,250.00 1,026,250.00 06/01/2026 - 47,375.00 47,375.00 12/01/2026 950,000.00 47,375.00 997,375.00 06/01/2027 - 23,625.00 23,625.00 12/01/2027 945,000.00 23,625.00 968,625.00 $ 6,115,000.00 $ 840,925.00 $ 6,955,925.00 PS-2 Board of Commissioners - April 4, 2022 ITEM: 14- 3 - 13 INSTALLMENT PAYMENT SCHEDULE — 2020A BONDS INSTALLMENT INSTALLMENT TOTAL PAYMENT PRINCIPAL PAYMENT INTEREST INSTALLMENT DATE COMPONENT COMPONENT PAYMENT 08/01/2022 - $ 609,550.00 $ 609,550.00 02/01/2023 $ 3,930,000 609,550.00 4,539,550.00 08/01/2023 - 530,950.00 530,950.00 02/01/2024 3,445,000 530,950.00 3,975,950.00 08/01/2024 - 462,050.00 462,050.00 02/01/2025 3,445,000 462,050.00 3,907,050.00 08/01/2025 - 393,150.00 393,150.00 02/01/2026 3,105,000 393,150.00 3,498,150.00 08/01/2026 - 315,525.00 315,525.00 02/01/2027 3,105,000 315,525.00 3,420,525.00 08/01/2027 - 237,900.00 237,900.00 02/01/2028 1,280,000 237,900.00 1,517,900.00 08/01/2028 - 205,900.00 205,900.00 02/01/2029 1,280,000 205,900.00 1,485,900.00 08/01/2029 - 193,100.00 193,100.00 02/01/2030 1,275,000 193,100.00 1,468,100.00 08/01/2030 - 161,225.00 161,225.00 02/01/2031 850,000 161,225.00 1,011,225.00 08/01/2031 - 139,975.00 139,975.00 02/01/2032 850,000 139,975.00 989,975.00 08/01/2032 - 118,725.00 118,725.00 02/01/2033 850,000 118,725.00 968,725.00 08/01/2033 - 97,475.00 97,475.00 02/01/2034 850,000 97,475.00 947,475.00 08/01/2034 - 80,475.00 80,475.00 02/01/2035 850,000 80,475.00 930,475.00 08/01/2035 - 63,475.00 63,475.00 02/01/2036 850,000 63,475.00 913,475.00 08/01/2036 - 46,475.00 46,475.00 02/01/2037 845,000 46,475.00 891,475.00 08/01/2037 - 29,575.00 29,575.00 02/01/2038 845,000 29,575.00 874,575.00 08/01/2038 - 20,068.75 20,068.75 02/01/2039 845,000 20,068.75 865,068.75 08/01/2039 - 10,034.38 10,034.38 02/01/2040 845,000 10,034.38 855,034.38 $ 29,345,000.00 $ 7,431,256.26 $ 36,776,256.26 PS-3 Board of Commissioners - April 4, 2022 ITEM: 14- 3 - 14 INSTALLMENT PAYMENT SCHEDULE — 2021 BONDS INSTALLMENT INSTALLMENT TOTAL PAYMENT PRINCIPAL PAYMENT INTEREST INSTALLMENT DATE COMPONENT COMPONENT PAYMENT 08/01/2022 $ 4,845,000 $ 1,329,700.00 $ 6,174,700.00 02/01/2023 1,257,025.00 1,257,025.00 08/01/2023 4,835,000 1,257,025.00 6,092,025.00 02/01/2024 1,160,325.00 1,160,325.00 08/01/2024 3,800,000 1,160,325.00 4,960,325.00 02/01/2025 1,084,325.00 1,084,325.00 08/01/2025 3,790,000 1,084,325.00 4,874,325.00 02/01/2026 1,008,525.00 1,008,525.00 08/01/2026 3,790,000 1,008,525.00 4,798,525.00 02/01/2027 932,725.00 932,725.00 08/01/2027 3,785,000 932,725.00 4,717,725.00 02/01/2028 838,100.00 838,100.00 08/01/2028 3,790,000 838,100.00 4,628,100.00 02/01/2029 743,350.00 743,350.00 08/01/2029 3,795,000 743,350.00 4,538,350.00 02/01/2030 648,475.00 648,475.00 08/01/2030 3,795,000 648,475.00 4,443,475.00 02/01/2031 553,600.00 553,600.00 08/01/2031 3,755,000 553,600.00 4,308,600.00 02/01/2032 511,925.00 511,925.00 08/01/2032 3,755,000 511,925.00 4,266,925.00 02/01/2033 436,825.00 436,825.00 08/01/2033 3,240,000 436,825.00 3,676,825.00 02/01/2034 372,025.00 372,025.00 08/01/2034 3,235,000 372,025.00 3,607,025.00 02/01/2035 307,325.00 307,325.00 08/01/2035 3,235,000 307,325.00 3,542,325.00 02/01/2036 242,625.00 242,625.00 08/01/2036 3,235,000 242,625.00 3,477,625.00 02/01/2037 177,925.00 177,925.00 08/01/2037 3,235,000 177,925.00 3,412,925.00 02/01/2038 129,400.00 129,400.00 08/01/2038 3,235,000 129,400.00 3,364,400.00 02/01/2039 80,875.00 80,875.00 08/01/2039 3,235,000 80,875.00 3,315,875.00 02/01/2040 32,350.00 32,350.00 08/01/2040 3,235,000 32,350.00 3,267,350.00 $69,620,000.00 $22,365,150.00 $91,985,150.00 PS-4 Board of Commissioners - April 4, 2022 ITEM: 14- 3 - 15 EXHIBIT A FORM OF REQUISITION ACQUISITION AND CONSTRUCTION FUND U.S. Bank Trust Company, National Association 5540 Centerview Drive, Suite 200 Raleigh, North Carolina 27606 Attention: Corporate Trust Services Re: Direction to Make Disbursements from the [2020A/2021/2022] Bonds Account of the Acquisition and Construction Fund Ladies and Gentlemen: Pursuant to Section 3.15 of an Indenture of Trust dated as of June 1, 2010 (as amended, the "Indenture") between New Hanover County Financing Corporation (the "Corporation") and U.S. Bank Trust Company, National Association, as trustee (the "Trustee"), and Section 3 of [Amendment Number Two to the Installment Financing Contract dated as of February 1, 2020 (the "Second Amendment")/Amendment Number Three to the Installment Financing Contract dated as of March 1, 2021 (the "Third Amendment")/ Amendment Number Four to the Installment Financing Contract dated as of June 1, 2022 (the "Fourth Amendment"), amending an Installment Financing Contract dated as of June 1, 2010 (the "2010 Contract"), as previously amended, each between the Corporation and the County of New Hanover, North Carolina (the "County"), you are hereby directed to disburse from the [2020A/2021/2022] Bonds Account of the Acquisition and Construction Fund referred to in the Indenture (the "[2020AI2021/2022] Bonds Account") the amount indicated below. The undersigned hereby certifies: 2. is as follows: 4 This is requisition number from the [2020A/2021/2022] Bonds Account. The name and address of the person, firm or corporation to whom the disbursement is due The amount to be disbursed is $ The purpose of the disbursement is to 5. The disbursement herein requested is for an obligation properly incurred, is a proper charge against the [2020A/2021/2022] Bonds Account and has not been the basis of any previous disbursement. Dated this _ day of , 20 COUNTY OF NEW HANOVER, NORTH CAROLINA County Representative A-1 Board of Commissioners - April 4, 2022 ITEM: 14- 3 - 16 Issue -Full Book -Entry Ratings: Moody's: o z x a PRELIMINARY OFFICL4L STATEMENT DATED MAY_, 2022 (See "Ratings' herein) w N A0 a In the opinion of Parker Poe Adams & Bernstein, LLP, Bond Counsel, under existing law, (1) ¢� a assuming compliance by the County with certain requirements of the Internal Revenue Code of 1986, as amended (the "Code'), interest v with respect to the 2022 Bonds (a) is excludable from gross income for federal income tax purposes and (b) is not an item of tax O x preference for purposes of the federal alternative minimum tax, and (2) is exempt from State of North Carolina income taxation. See �w "TAX TREATMENT" herein. $ 0 W z Limited Obligation Bonds, Series 2022 A a ° evidencing proportionate undivided interests in rights to receive certain Revenues pursuant to an Installment Financing Contract a x a between New Hanover County Financing Corporation and the Q °z COUNTY OF NEW HANOVER, NORTH CAROLINA �4 a = o Dated: Date of Initial Execution and Delivery Due: June 1, as shown on inside cover page F� wO This Official Statement has been prepared by the County of New Hanover, North Carolina (the "County") to provide information on the Limited F. Wp Obligation Bonds, Series 2022 (the "2022 Bonds"). Selected information is presented on this cover page for the convenience of the user. Investors must O F, H read the entire Official Statement to obtain information essential to the making of an informed investment decision. Capitalized terms used in this F" a. Official Statement, unless otherwise defined herein, have the meanings set out in Appendix C hereto under "SUMMARY OF PRINCIPAL LEGAL w r F_ DOCUMENTS -DEFINITIONS." qSecurity: The 2022 Bonds and all other Bonds outstanding under the Indenture evidence proportionate undivided interests in rights to receive certain wO Revenues pursuant to the Contract between the New Hanover County Financing Corporation (the "Corporation") and the County. The performance by 0 ZO O the County of its obligations under the Contract, including the obligation to make Installment Payments thereunder, is secured by a Deed of Trust from P. the County to the Deed of Trust Trustee granting a lien of record on the Premises, subject to Permitted Encumbrances. The Corporation has assigned to xp the Trustee for the benefit of the registered owners of the 2022 Bonds and all other Bonds outstanding under the Indenture substantially all of its rights Ww a under the Contract, including the right to receive Installment Payments, and all of its rights as beneficiary of the Deed of Trust. Pa O THE PRINCIPAL, PREPAYMENT PRICE AND INTEREST WITH RESPECT TO THE 2022 BONDS ARE PAYABLE SOLELY FROM AMOUNTS PAYABLE BY THE w COUNTY UNDER THE CONTRACT AND, TO THE EXTENT PROVIDED IN THE INDENTURE, THE PROCEEDS OF THE SALE OF THE 2022 BONDS, OU Wr x CONDEMNATION AWARDS OR THE SALE OR LEASE OF THE MORTGAGED PROPERTY. NEITHER THE CONTRACT, THE 2022 BONDS NOR THE INTEREST WITH RESPECT THERETO CONSTITUTES A GENERAL OBLIGATION OR OTHER INDEBTEDNESS OF THE COUNTY. NO DEFICIENCY H O JUDGMENT MAY BE RENDERED AGAINST THE COUNTY IN ANY ACTION FOR BREACH OF ANY CONTRACTUAL OBLIGATION TO MAKE INSTALLMENT W 04 a W PAYMENTS PURSUANT TO THE CONTRACT, AND THE TAXING POWER OF THE COUNTY IS NOT PLEDGED DIRECTLY OR INDIRECTLY TO SECURE ANY O MONEYS DUE THE OWNERS OF THE 2022 BONDS. THE REMEDIES AFFORDED TO THE TRUSTEE AND THE OWNERS ON AN EVENT OF DEFAULT RESULTING FROM THE COUNTY'S FAILURE TO MAKE INSTALLMENT PAYMENTS UNDER THE CONTRACT ARE LIMITED IN THE CONTRACT TO :7 THOSE OF A SECURED PARTY UNDER THE LAWS OF NORTH CAROLINA, INCLUDING FORECLOSING ON THE MORTGAGED PROPERTY IN Q W ACCORDANCE WITH THE DEED OF TRUST AND ARE ON A PARITY WITH THOSE RIGHTS AND REMEDIES AVAILABLE TO THE OWNERS OF ALL BONDS W 0 OUTSTANDING UNDER THE INDENTURE. SEE "SECURITY AND SOURCES OF PAYMENT OF 2022 BONDS" HEREIN Prepayment: The 2022 Bonds are subject to optional prepayment before maturity. Q m o Issued Pursuant to: The 2022 Bonds will be executed and delivered pursuant to the Indenture. HPurpose: The proceeds of the 2022 Bonds will be used by the County to (a) pay the capital z O z d costs of (1) the acquisition, construction and equipping of an Emergency Logistics Center, Ov OU (2) the acquisition, construction and development of Hanover Pines Nature Park, (3) water W z 0 and sewer line and road improvements at Blue Clay Business Park, (4) renovations and w w� „ improvements to parks and recreation facilities in the County, (5) the purchase and C' H c4 installation of certain information technology and communication equipment, (6) the w acquisition of vehicles and equipment for County purposes, including schools, police and U) w0 fire rescue and (7) other miscellaneous capital improvements for County purposes. U Z U Interest Payment Dates: June 1 and December 1 of each year, beginning December 1, 2022. F"Qw� �O x z Denomination: $5,000 and any integral multiple thereof. D�UO z ww v Closing Date: On or about June 9, 2022. A FO Registration: Full book -entry only; The Depository Trust Company. rT1zaz O Trustee: U.S. Bank Trust Company, National Association, Raleigh, North Carolina. F�da Fix a � Financial Advisor. First Tryon Advisors, Charlotte, North Carolina. xQ� v a z Bond Counsel 0 w & Corporation Counsel. Parker Poe Adams & Bernstein LLP, Raleigh, North Carolina. x dew County Attorney: Wanda Copley, Esq., Wilmington, North Carolina. 3 zvz a Underwriter's Counsel: Holland & Knight LLP, New York, New York and Charlotte, North Carolina. U a A z H PNC CAPITAL MARKETS LLC WAa � CnzUN� °w o MAY _, 2022 F.Board of Commissioners - April 4, 2022 ITEM: 14- 4 - 1 LIMITED OBLIGATION BONDS SERIES 2022 MATURITY SCHEDULE DUE DUNE 1 PRINCIPAL AMOUNT INTEREST RATE YIELD CUSIP No DUE DUNE 1 PRINCIPAL AMOUNT INTEREST RATE YIELD CUSIP No 2023 2034 2024 2035 2025 2036 2026 2037 2027 2038 2028 2039 2029 2040 2030 2041 2031 2042 2032 2033 Serial 2022 Bonds 1 CUSIP is a registered trademark of the American Bankers Association. CUSIP Global Services (CGS) is managed on behalf of the American Bankers Association by FactSet Research Systems, Inc. Copyright C 2022 CUSIP Global Services. All rights reserved. CUSIP numbers are set forth herein for the convenience of reference only and neither the County, the Underwriter, nor their agents take responsibility for the accuracy of such data. C Priced to June 1, call date at 100% Board of Commissioners - April 4, 2022 ITEM: 14- 4 - 2 In connection with this offering, the Underwriter may over allot or effect transactions that stabilize or maintain the market price of the 2022 Bonds at a level above that which might otherwise prevail in the open market. Such stabilizing, if commenced, may be discontinued at any time. No dealer, broker, salesman or other person has been authorized to give any information or to make any representation other than as contained in this Official Statement, and if given or made, such other information or representation must not be relied upon. This Official Statement does not constitute an offer to sell or the solicitation of any offer to buy, nor shall there be any sale of the 2022 Bonds by any person in any jurisdiction in which it is not lawful for such person to make such offer, solicitation or sale. The information set forth herein has been obtained from the Corporation, the County and other sources that are deemed to be reliable. Neither the 2022 Bonds nor the Indenture have been registered with the Securities and Exchange Commission by reason of the provisions of Section 3(a)(2) of the Securities Act of 1933, as amended. The registration or qualification of the 2022 Bonds and the Indenture in accordance with applicable provisions of securities laws of the states in which the 2022 Bonds and the Indenture have been registered or qualified, and the exemption from registration or qualification in other states, shall not be regarded as a recommendation thereof. In making an investment decision, investors must rely on their own examination of the terms of the offering, including the merits and risks involved. These securities have not been recommended by any federal or state securities commission or regulatory authority. Furthermore, the foregoing authorities have not confirmed the accuracy or determined the adequacy of this document. Any representation to the contrary is a criminal offense. All quotations from and summaries and explanations of laws and documents herein do not purport to be complete, and reference is made to such laws and documents for full and complete statements of their provisions. Any statements made in this Official Statement involving estimates or matters of opinion, whether or not expressly so stated, are intended merely as estimates or opinions and not as representations of fact. The information and expressions of opinion herein are subject to change without notice, and neither the delivery of this Official Statement nor any sale of the 2022 Bonds shall under any circumstances create any implication that there has been no change in the affairs of the County since the date hereof. The Underwriter has provided the following sentence for inclusion in this Official Statement: The Underwriter has reviewed the information in this Official Statement in accordance with, and as part of, its responsibilities to investors under the federal securities laws as applied to the facts and circumstances of this transaction, but the Underwriter does not guarantee the accuracy or completeness of such information. Board of Commissioners - April 4, 2022 ITEM: 14- 4 - 3 YF.13Na[179[K17►YYoleo 0 Page INTRODUCTION........................................................................................................................................ 1 TheCounty...................................................................................................................................... 1 Purpose............................................................................................................................................. 2 Security............................................................................................................................................ 2 The2022 Bonds............................................................................................................................... 3 BookEntry Only.............................................................................................................................. 3 TaxStatus........................................................................................................................................ 3 Professionals.................................................................................................................................... 3 AdditionalInformation.................................................................................................................... 4 THE 2022 BONDS .................................................... Authorization ................................................ General.......................................................... Prepayment Provisions .................................. THE PROJECTS........................................................ ESTIMATED SOURCES AND USES OF FUNDS.. .............................. 4 .............................. 4 .............................. 4 .............................. 5 ......................................................................... 6 ......................................................................... 7 SECURITY AND SOURCES OF PAYMENT OF 2022 BONDS.............................................................. 7 Installment Payments and Additional Payments.............................................................................. 7 Budgetand Appropriation................................................................................................................ 7 Deedof Trust................................................................................................................................... 8 Indenture.......................................................................................................................................... 9 Enforceability................................................................................................................................... 9 AdditionalBonds........................................................................................................................... 10 AVAILABLE SOURCES FOR PAYMENT OF INSTALLMENT PAYMENTS .................................... 10 General........................................................................................................................................... 10 GeneralFund Revenues................................................................................................................. 10 INSTALLMENT PAYMENT SCHEDULE.............................................................................................. 11 CERTAIN RISKS OF 2022 BOND OWNERS.......................................................................................... 11 Limited Obligation of the County.................................................................................................. 11 Riskof Nonappropriation.............................................................................................................. 12 EnvironmentalRisks...................................................................................................................... 12 Valueof Collateral......................................................................................................................... 12 Uninsured or Underinsured Casualty............................................................................................. 13 Outstanding General Obligation Debt of the County..................................................................... 13 OtherIndebtedness......................................................................................................................... 13 Recent Developments (COVID-19)............................................................................................... 13 Cybersecurity................................................................................................................................. 14 ClimateChange.............................................................................................................................. 14 Bankruptcy..................................................................................................................................... 14 THECORPORATION............................................................................................................................... 15 111 Board of Commissioners - April 4, 2022 ITEM: 14- 4 - 4 THECOUNTY........................................................................................................................................... 15 General........................................................................................................................................... 15 Contingent Liabilities and Litigation............................................................................................. 15 LEGALMATTERS.................................................................................................................................... 16 Litigation........................................................................................................................................ 16 Opinionsof Counsel...................................................................................................................... 16 TAXTREATMENT................................................................................................................................... 16 CONTINUING DISCLOSURE.................................................................................................................. 19 UNDERWRITING..................................................................................................................................... 21 RATINGS................................................................................................................................................... 22 FINANCIAL ADVISOR............................................................................................................................ 22 MISCELLANEOUS................................................................................................................................... 22 APPENDIX A THE COUNTY OF NEW HANOVER APPENDIX B MANAGEMENT'S DISCUSSION AND ANALYSIS AND THE BASIC FINANCIAL STATEMENTS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA APPENDIX C SUMMARY OF PRINCIPAL LEGAL DOCUMENTS APPENDIX D PROPOSED FORM OF OPINION OF BOND COUNSEL APPENDIX E BOOK -ENTRY ONLY SYSTEM Board of Commissioners - April 4, 2022 ITEM: 14- 4 - 5 Limited Obligation Bonds, Series 2022 evidencing proportionate undivided interests in rights to receive certain Revenues pursuant to an Installment Financing Contract between New Hanover County Financing Corporation and the COUNTY OF NEW HANOVER, NORTH CAR OLINA INTRODUCTION The purpose of this Official Statement, which includes the Appendices hereto, is to provide certain information in connection with the execution, sale and delivery of the Limited Obligation Bonds, Series 2022, in the aggregate principal amount of $ (the "2022 Bonds"), which evidence proportionate undivided interests in rights to receive certain Revenues (as defined herein) pursuant to an Installment Financing Contract dated as of June 1, 2010 (the "2010 Contract"), between New Hanover County Financing Corporation (the "Corporation") and the County of New Hanover, North Carolina (the "County"), as amended by Amendment Number One to an Installment Financing Contact dated as of September 1, 2012 (the "First Amendment"), Amendment Number Two to an Installment Financing Contract dated as of February 1, 2020 (the "Second Amendment"), Amendment Number Three to an Installment Financing Contract dated as of March 1, 2021 (the "Third Amendment," and Amendment Number Four to an Installment Financing Contract dated as of June 1, 2022 (the "Fourth Amendment," and together with the 2010 Contract, the First Amendment, the Second Amendment and the Third Amendment, the "Contract"), each between the Corporation and the County. The 2021 Bonds will be executed and delivered pursuant to an Indenture of Trust dated as of June 1, 2010 (the "2010 Indenture"), between the Corporation and U.S. Bank Trust Company, National Association, Raleigh, North Carolina, as successor trustee to U.S. Bank National Association (the "Trustee"), as amended and supplemented by Supplemental Indenture, Number 1 dated as of September 1, 2012 (the "First Supplement"), Supplemental Indenture, Number 2 dated as of February 1, 2020 (the "Second Supplement"), Supplemental Indenture, Number 3 dated as of March 1, 2021 (the "Third Supplement") and Supplemental Indenture, Number 4 dated as of June 1, 2022 (the "Fourth Amendment," and together with the 2010 Indenture, the First Supplement, the Second Supplement and the Third Supplement, the "Indenture"), each between the Corporation and the Trustee. Capitalized terms used in this Official Statement, unless otherwise defined herein, have the meanings set out in Appendix C hereto. Pursuant to the Indenture, the Corporation has previously executed and delivered $49,835,000 aggregate principal amount of its Refunding Limited Obligation Bonds (New Hanover County Projects), Series 2010 (the "2010 Bonds"), $20,540,000 aggregate principal amount of its Refunding Limited Obligations Bonds (New Hanover County Projects), Series 2012 (the "2012 Bonds"), $37,210,000 aggregate principal amount of its Limited Obligation Bonds, Series 2020A (the "2020A Bonds") and $74,475,000 aggregate principal amount of its Limited Obligation Bonds, Series 2021 (the "2021 Bonds"). The 2010 Bonds, the 2012 Bonds, the 2020A Bonds and the 2021 Bonds are currently outstanding in the amount of $ , $ , $ and $ , respectively. The 2022 Bonds will be parity obligations with the 2010 Bonds, the 2012 Bonds, the 2020A Bonds and the 2021 Bonds under the Indenture. This Introduction provides only certain limited information with respect to the contents of this Official Statement and is expressly qualified by the Official Statement as a whole. Prospective investors should review the full Official Statement and each of the documents summarized or described herein. This Official Statement speaks only as of its date, and the information contained herein is subject to change. THE COUNTY The County is a political subdivision of the State of North Carolina (the "State"). See the caption "THE COUNTY" herein and Appendix A hereto for certain information regarding the County. Certain information from the County's most recent audited financial statements are contained in Appendix B Board of Commissioners - April 4, 2022 ITEM: 14- 4 - 6 hereto. The County Board of Commissioners approved the County's audited financial statements for the Fiscal Year ended June 30, 2021 on January _, 2022. PURPOSE The 2022 Bonds are being executed and delivered to provide funds to (a) pay the capital costs of the acquisition, construction and equipping of an Emergency Logistics Center, (2) the acquisition, construction and development of Hanover Pines Nature Park, (3) water and sewer line and road improvements at Blue Clay Business Park, (4) renovations and improvements to parks and recreation facilities in the County, (5) the purchase and installation of certain information technology and communications equipment, (6) the acquisition of vehicles and equipment for County purposes, including schools, police and fire rescue and (7) other miscellaneous County capital improvements. See the captions "THE PROJECTS" and "ESTIMATED SOURCES AND USES OF FUNDS" herein. SECURITY The 2022 Bonds, the 2021 Bonds, the 2020A Bonds, the 2012 Bonds, the 2010 Bonds and any Additional Bonds (as defined herein) outstanding under the Indenture (collectively, the "Bonds") evidence proportionate undivided interests in the right to receive certain Revenues under the Contract. The 2022 Bonds are secured by such moneys as may be on deposit under the Indenture. The 2022 Bonds are payable solely from the Installment Payments and certain other moneys as provided in the Indenture. In connection with the execution and delivery of the 2010 Bonds, the County executed and delivered to a deed of trust trustee (the "Deed of Trust Trustee"), for the benefit of the Corporation or its assignee, a Deed of Trust, Security Agreement and Fixture Filing dated as of June 1, 2010 (the "2010 Deed of Trust"), as security for the County's obligations under the 2010 Contract, which granted a lien on a portion of the County's existing government center complex (the "Existing Government Center") and the County's judicial building (the "Judicial Center"). In connection with the execution and delivery of the 2020A Bonds, the County and the Corporation agreed to extend, modify and spread the lien of the 2010 Deed of Trust to cover and create a lien on the Juvenile Justice Facility, under a Notice of Extension of Deed of Trust to Additional Property dated as of February 1, 2020 (the "2020 Notice"). In connection with the execution and delivery of the 2020 Notice and the extension of the lien of the Deed of Trust to the Juvenile Justice Facility, the County and the Corporation released the lien on the Existing Government Center under a Deed of Partial Release dated as of February 1, 2020. Upon execution and delivery of the 2021 Bonds, the Deed of Trust granted a lien of record on the New Government Center and the real property on which those facilities are located under a Notice of Extension of Deed of Trust to Additional Property dated as of March 1, 2021 (the "2021 Notice," and together with the 2010 Deed of trust and the 2020 Notice, the "Deed of Trust"), and any additions, modifications, attachments, replacements and parts thereof, as more particularly described in the Deed of Trust, subject to certain permitted encumbrances as described in the Contract and the Deed of Trust. The 2022 Bonds will be secured by the lien of the Deed of Trust on the Judicial Center, the Juvenile Justice Facility and the New Government Center, which constitutes the Mortgaged Property, on a parity basis with the 2021 Bonds, the 2020A Bonds, the 2012 Bonds and the 2010 Bonds. "SECURITY AND SOURCES OF PAYMENT OF 2022 BONDS --DEED OF TRUST" herein. The Corporation has assigned to the Trustee for the benefit of the Owners of the Bonds executed and delivered pursuant to the Indenture (a) all rights, title and interest of the Corporation in the Contract (except for certain reserved rights), including its right to receive the Installment Payments thereunder, (b) all rights, title and interest of the Corporation in the Deed of Trust and the Mortgaged Property and (c) all moneys and securities from time to time held by the Trustee under the Indenture in any fund or account (except the Rebate Fund). Pursuant to the Contract, the Installment Payments are payable by the County 2 Board of Commissioners - April 4, 2022 ITEM: 14- 4 - 7 directly to the Trustee. The Corporation may execute and deliver additional bonds under the Indenture (the `Additional Bonds') and such Additional Bonds would have equal rights in the security available to the Owners of the 2022 Bonds, the 2021 Bonds, the 2020A Bonds, the 2012 Bonds and the 2010 Bonds. See the captions "SECURITY AND SOURCES OF PAYMENT OF 2022 BONDS --ADDITIONAL BONDS" herein and "SUMMARY OF PRINCIPAL LEGAL DOCUMENTS --THE INDENTURE -- Additional Bonds" in Appendix C hereto. Under certain conditions, the Deed of Trust Trustee may release portions of the Mortgaged Property from the lien of the Deed of Trust. See the caption "SECURITY AND SOURCES OF PAYMENT OF 2022 BONDS --DEED OF TRUST" herein and "SUMMARY OF PRINCIPAL LEGAL DOCUMENTS --THE DEED OF TRUST" in Appendix C hereto. If a default occurs under the Contract, the Trustee may attempt to dispose of the Mortgaged Property and apply the proceeds received as a result of any such disposition to the payment of the amounts due to the Owners of the 2022 Bonds and all other Bonds outstanding under the Indenture. No assurance can be given that any such proceeds will be sufficient to pay the principal and interest with respect to the 2022 Bonds. In addition, no deficiency judgment can be obtained against the County if the proceeds from any such disposition (together with other funds that may be held by the Trustee under the Indenture) are insufficient to pay the 2022 Bonds in full. Neither the 2022 Bonds nor the County's obligation to make payments under the Contract constitute a pledge of the County's faith and credit within the meaning of any constitutional provision. See the caption "SECURITY AND SOURCES OF PAYMENT OF 2022 BONDS" herein. THE 2022 BONDS The 2022 Bonds will be dated their date of initial execution and delivery. Interest is payable on June 1 and December 1 of each year, beginning December 1, 2022, at the rates set forth on the inside cover page of this Official Statement. Principal is payable on June 1 in the years and in the amounts set forth on the inside cover page of this Official Statement. BOOK ENTRY ONLY The 2022 Bonds will be delivered in book entry form only, without physical delivery of bonds. Payments to beneficial owners of the 2022 Bonds will be made by the Trustee through The Depository Trust Company, New York, New York ("DTC°') and its participants. See "BOOK -ENTRY ONLY SYSTEM" in Appendix E hereto. TAx STATUS In the opinion of Bond Counsel, under existing law, (1) assuming compliance by the County with certain requirements of the Internal Revenue code of 1986, as amended (the "Code"), interest with respect to the 2022 Bonds (a) is excludable from gross income for federal income tax purposes and (b) is not an item of tax preference for purposes of the federal alternative minimum tax, and (2) is exempt from State of North Carolina income taxation. See the caption "TAX TREATMENT" herein. PROFESSIONALS PNC Capital Markets LLC (the "Underwriter") is underwriting the 2022 Bonds. U.S. Bank Trust Company, National Association, as successor trustee to U.S. Bank National Association, is serving as Trustee with respect to the 2022 Bonds. Parker Poe Adams & Bernstein LLP is serving as Bond Counsel and Corporation Counsel. First Tryon Advisors is serving as Financial Advisor to the County. Wanda Copley, Esq., serves as the County Attorney. Holland & Knight LLP is serving as counsel to the Underwriter. Board of Commissioners - April 4, 2022 ITEM: 14- 4 - 8 ADDITIONAL INFORMATION Additional information and copies in reasonable quantity of the principal financing documents may be obtained during the offering period from PNC Capital Markets LLC, 4720 Piedmont Row, Suite 200, Charlotte, North Carolina 28210, (704) 571-0671. After the offering period, copies of such documents may be obtained from the Trustee at 5540 Centerview Drive, Suite 200, Raleigh, North Carolina 27606, (919) 424-3944. The County will undertake in the Contract to provide continuing disclosure of certain annual financial information and operating data and listed events regarding the Contract and the 2022 Bonds. See the caption "CONTINUING DISCLOSURE OBLIGATION" herein. 01:1ally-► 1-:1110I I AUTHORIZATION The 2022 Bonds will be executed and delivered pursuant to the Indenture. The 2022 Bonds evidence proportionate undivided interests in the right to receive certain Revenues pursuant to the Contract. The 2022 Bonds are payable solely from the Installment Payments and certain other moneys as provided in the Indenture. The County is entering into the Contract under the provisions of Section 160A-20 of the General Statutes of North Carolina, as amended. The Board authorized the County's execution and delivery of the 2010 Contract, the First Amendment, the Second Amendment, the Third Amendment and the Fourth Amendment in resolutions adopted on April 19, 2010, August 6, 2012, December 2, 2019, January 19 2021 and April 4, 2022 respectively. In addition, the County's execution and delivery of the Fourth Amendment received the required approval of the North Carolina Local Government Commission (the "LGC") on May 3, 2022. The LGC approved the 2010 Contract, the First Amendment, the Second Amendment and the Third Amendment on May 4, 2010, August 7, 2012, January 7, 2020 and February 2, 2021, respectively. The LGC is a division of the State Treasurer's office charged with general oversight of local government finance in the State. Its approval is required for substantially all bond issues and other local government financing arrangements in the State. Before approving an installment financing, the LGC must determine, among other things, that (1) the proposed financing is necessary and expedient, (2) the financing, under the circumstances, is preferable to a general obligation or revenue bond issue for the same purpose, and (3) the sums to fall due under the proposed financing are not excessive for the local government. GENERAL Payment Terms The 2022 Bonds will be dated their date of initial execution and delivery. Interest with respect to the 2022 Bonds is payable on each June 1 and December 1 (the "Bond Payment Dates"), beginning December 1, 2022, at the rates set forth on the inside cover page of this Official Statement (calculated on the basis of a 360 day year consisting of twelve 30 day months). Principal with respect to the 2022 Bonds is payable on June 1 in the years and amounts set forth on the inside cover page of this Official Statement. Record Date for the 2022 Bonds means the fifteenth day (whether or not a Business Day) of the month next preceding an Interest Payment Date. Payments will be effected through DTC. See "BOOK ENTRY ONLY SYSTEM" in Appendix E hereto. Registration and Exchange. So long as DTC or its nominee is the registered owner of the 2022 Bonds, transfers and exchanges of beneficial ownership interests in the 2022 Bonds will be available only through DTC Participants and DTC Indirect Participants. See "BOOK ENTRY ONLY SYSTEM" in Appendix E hereto. The Indenture describes the provisions for transfer and exchange applicable if a book rd Board of Commissioners - April 4, 2022 ITEM: 14- 4 - 9 entry system is no longer in effect. These provisions generally provide that the transfer of the 2022 Bonds is registrable by the Owners thereof, and the 2022 Bonds may be exchanged for an equal aggregate, unprepaid principal amount of 2022 Bonds of denominations of $5,000 or any integral multiple thereof and of the same maturity and interest rate, only on presentation and surrender of the 2022 Bonds to the Trustee at the designated corporate trust office of the Trustee together with an executed instrument of transfer in a form approved by the Trustee in connection with any transfer. The Trustee may require the person requesting any transfer or exchange to reimburse it for any tax or other governmental charge required to be paid with respect to such registration or exchange. PREPAYMENT PROVISIONS Optional Prepayment. The 2022 Bonds maturing on June 1, , and thereafter will be subject to prepayment at the option of the County, either in whole or in part, on any date on or after June 1, , at a prepayment price equal to 100% of the principal amount to be prepaid, plus accrued interest to the prepayment date. General Prepayment Provisions. If called for prepayment in part, the 2022 Bonds to be prepaid shall be prepaid in such order as the County shall select and within the same maturity as selected by DTC pursuant to its rules and procedures or, if the book entry system with respect to the 2022 Bonds is discontinued as provided in the Indenture, by lot within a maturity in such manner as the Trustee in its discretion may determine. When 2022 Bonds are to be prepaid in part, the schedule of Installment Payments set forth in the Contract shall be recalculated as necessary by the Trustee in the manner required by the Indenture. Notice of prepayment identifying the 2022 Bonds or portions thereof to be prepaid will be given by the Trustee in writing not less than 30 days nor more than 60 days before the date fixed for prepayment by first class mail, postage prepaid (registered or certified mail in the case of notice to DTC) (a) to DTC or its nominee as permitted or required by DTC's rules and procedures, or (b) if DTC or its nominee is no longer the Owner of the 2022 Bonds, to the then registered Owners of the 2022 Bonds to be prepaid at their addresses appearing on the registration books maintained by the Trustee, (c) to the LGC, and (d) to the Municipal Securities Rulemaking Board (the "MSRB") in an electronic format as prescribed by the MSRB. Notwithstanding the foregoing, (1) if notice is properly given, failure to receive an appropriate notice shall not affect the validity of the proceedings for such prepayment, (2) failure to give any such notice or any defect therein shall not affect the validity of the proceedings for prepayment of the 2022 Bonds or portions thereof with respect to which notice was correctly given and (3) failure to give any such notice to the parties described in clauses (c) and (d) above, or any defect therein, shall not affect the validity of any proceedings for prepayment of the 2022 Bonds. If at the time of mailing of notice of prepayment, there has not been deposited with the Trustee moneys sufficient to prepay all the 2022 Bonds or portions thereof called for prepayment, which moneys are or will be available for prepayment of such 2022 Bonds, such notice will state that it is conditional on the deposit of the prepayment moneys with the Trustee not later than the opening of business on the prepayment date, and such notice shall be of no effect unless such moneys are so deposited. Before the date fixed for prepayment, funds will be deposited with the Trustee to pay the 2022 Bonds or portions thereof called for prepayment, together with accrued interest to the prepayment date. On the giving of notice and the deposit of such funds for prepayment pursuant to the Indenture, interest with respect to the 2022 Bonds or portions thereof so called for prepayment will no longer accrue after the date fixed for prepayment. The 2022 Bonds or portions thereof called for prepayment will be due and payable on the prepayment date at the prepayment price, together with accrued interest with respect thereto to the Board of Commissioners - April 4, 2022 ITEM: 14- 4 - 10 prepayment date. If the required notice of prepayment has been given and moneys sufficient to pay the prepayment price, together with accrued interest to the prepayment date have been deposited with the Trustee, the 2022 Bonds or portions thereof so called for prepayment will cease to be entitled to any benefit or security under the Indenture, and the Owners of such 2022 Bonds will have no rights with respect to such 2022 Bonds or portions thereof so called for prepayment except to receive payment of the prepayment price and accrued interest to the prepayment date from such funds held by the Trustee. On surrender and cancellation of any 2022 Bonds called for prepayment in part only, a new 2022 Bond or 2022 Bonds of the same maturity and interest rate and of authorized denominations, in an aggregate principal amount equal to the unprepaid portion thereof, will be executed on behalf of the Corporation and authenticated and delivered by the Trustee. IF AN EVENT OF DEFAULT HAS OCCURRED AND IS CONTINUING UNDER THE INDENTURE, THERE WILL BE NO PREPAYMENT OF LESS THAN ALL OF THE BONDS OUTSTANDING. I I I I al9;z9111 x4010 The 2022 Bonds are being executed and delivered to provide funds to pay capital costs for the following projects: Emergency Logistics Center Project. Approximately $ million of the proceeds from the 2022 Bonds will be used to finance the acquisition, construction and equipping of an emergency logistics center for the County. Hanover Pines Nature Park Project. Approximately $ million of the proceeds from the 2022 Bonds will be used to finance the acquisition, construction and development of a nature park known as Hanover Pines Nature Park. Blue Clay Business Park Project. Approximately $ million of the proceeds from the 2022 Bonds will be used to finance the construction of water and sewer line and road improvements at Blue Clay Business Park. Technology and Communications Equipment Project. Approximately $ million of the proceeds from the 2022 Bonds of the proceeds will be used to finance the acquisition of technology and communications equipment for County Vehicles and Equipment Project. Approximately $ million of the proceeds from the 2022 Bonds will be used to finance the acquisition of vehicles and equipment for County government use, including schools, police and fire rescue. General County Capital Improvements. Approximately $ million of the proceeds from the 2022 Bonds will be used to finance the acquisition and construction of general capital improvements for NONE OF THE PROJECTS BEING FINANCED WITH THE 2022 BOND PROCEEDS WILL BE SUBJECT TO THE LIEN OF THE DEED OF TRUST. HOWEVER, THE 2022 BONDS WILL BE SECURED BY THE LIEN OF THE DEED OF TRUST ON THE JUDICIAL CENTER, THE JUVENILE JUSTICE FACILITY AND THE NEW GOVERNMENT CENTER, WHICH CONSTITUTES THE MORTGAGED PROPERTY UNDER THE DEED OF TRUST. 6 Board of Commissioners - April 4, 2022 ITEM: 14- 4 - 11 ESTIMATED SOURCES AND USES OF FUNDS The following table presents information as to the estimated sources and uses of funds: AMOUNT SOURCES OF FUNDS: Par Amount of 2022 Bonds Net Original Issue [Premium] [Discount] TOTAL USES OF FUNDS: Costs of Acquisition and Construction Costs of Delivery' TOTAL ' Includes legal fees, printing costs, Underwriter's discount, rating agency fees and other miscellaneous transaction costs. SECURITY AND SOURCES OF PAYMENT OF 2022 BONDS The Bonds outstanding under the Indenture evidence proportionate undivided interests in the rights to receive certain Revenues pursuant to the Contract. The 2022 Bonds will be proportionately and ratably secured with the Bonds executed and delivered pursuant to the Indenture. Revenues are defined in the Contract to mean (a) all Net Proceeds not applied to the replacement of the Premises, (b) all Installment Payments and (c) all investment income on all funds and accounts created under the Indenture (other than the Rebate Fund). Notwithstanding the foregoing, the Owner of each 2022 Bond is not entitled to receive more than the amount of principal and interest represented by such 2022 Bond. INSTALLMENT PAYMENTS AND ADDITIONAL PAYMENTS Under the Contract, the County is required to make the Installment Payments directly to the Trustee in amounts sufficient to provide for the payment of the principal (whether at maturity, by prepayment or otherwise) and interest with respect to the Bonds executed and delivered under the Indenture as the same become due and payable. The County is also obligated under the Contract to pay as Additional Payments to such persons as are entitled thereto, the reasonable and customary expenses and fees of the Trustee and the Corporation, any expenses of the Corporation in defending an action or proceeding in connection with the Contract or the Indenture and any taxes or any other expenses, including, but not limited to, licenses, permits, state and local income, sales and use or ownership taxes or property taxes which the County or the Corporation is expressly required to pay as a result of the Contract (together with interest that may accrue thereon in the event that the County fails to pay the same). BUDGET AND APPROPRIATION Pursuant to the Contract, the County shall (a) cause its budget officer (as statutorily defined) to include the Installment Payments and the reasonably estimated Additional Payments coming due in each Fiscal Year in the corresponding annual budget request, (b) require that the deletion of such funds from VA Board of Commissioners - April 4, 2022 ITEM: 14- 4 - 12 the County's final budget or any amended budget be made only pursuant to an express resolution of the Board which explains the reason for such action and (c) deliver notice to the Trustee, S&P, Moody's and the LGC within five days after the adoption by the Board of the resolution described in clause (b) above. Nothing contained in the Contract, however, obligates the County to appropriate moneys contained in the proposed budget for the payment of the Installment Payments or the reasonably estimated Additional Payments coming due under the Contract. In connection with the Installment Payments and the Additional Payments, the appropriation of funds therefor is within the sole discretion of the Board. DEED OF TRUST In connection with the execution and delivery of the 2010 Bonds, the County executed the 2010 Deed of Trust as security for its obligations under the 2010 Contract granting a security interest in a portion of the Government Center and the Judicial Center, including the sites on which they are located, subject to certain permitted encumbrances as set forth in the 2010 Contract and the 2010 Deed of Trust (the "2010 Mortgaged Property"). When the County executed and delivered the 2020A Bonds, the County entered into the Second Amendment and a Notice of Extension to grant a security interest in a juvenile justice facility (the "Juvenile Justice Facility") (the "2020 Mortgaged Property "). Concurrently with the addition of the 2020 Mortgaged Property to the lien of the Deed of Trust, the County released the Existing Government Center from the lien of the Deed of Trust in accordance with the terms of the Deed of Trust. In connection with the execution and delivery of the 2021 Bonds, the County entered into the Third Amendment and an extension to grant a security interest in the New Government Center. UPON THE EXECUTION AND DELIVERY OF THE 2022 BONDS, THE NEW GOVERNMENT CENTER, THE JUVENILE JUSTICE FACILITY AND THE JUDICIAL CENTER CONSTITUTE THE "MORTGAGED PROPERTY" AND, CONSEQUENTLY, SUCH REAL PROPERTY AND ANY IMPROVEMENTS THEREON WILL BE SUBJECT TO THE LIEN CREATED BY THE DEED OF TRUST. The Deed of Trust authorizes future obligations evidenced by Additional Bonds executed and delivered under the Indenture to be secured by the Deed of Trust, provided that the total amount of present and future obligations secured thereby at any one time does not exceed $300,000,000 and such future obligations are incurred not later than 30 years from the date of the Deed of Trust. The Deed of Trust is recorded in the office of the Register of Deeds of New Hanover County, North Carolina, and the liens created thereby are insured by a title insurance policy. So long as there is no event of default under the Deed of Trust, the Trustee, with the Corporation's consent, must release the Mortgaged Property or any part thereof from the lien and security interest of the Deed of Trust when and if the following requirements have been fulfilled: (1) in connection with any release of the Mortgaged Property, or any part thereof, there is filed with the Corporation a certified copy of the resolution of the Board of Commissioners of the County stating the purpose for which the County desires such release, giving an adequate legal description of the part of the Mortgaged Property to be released, requesting such release and providing for payment by the County of all expenses in connection with such release; (2) in connection with the release of any part of the Mortgaged Property constituting less than the entire Mortgaged Property, the tax, insured or appraised value of the Mortgaged Property remaining after the proposed release is not less than 50% of the aggregate principal component of the Installment Payments relating to the Bonds then Outstanding under the Indenture; N. Board of Commissioners - April 4, 2022 ITEM: 14- 4 - 13 (3) in connection with the release of any part of the Mortgaged Property constituting less than the entire Mortgaged Property, such release shall not prohibit the County's ingress, egress and regress to and from the remainder of the Mortgaged Property not being released, or materially interfere with the use of the remainder of the Mortgaged Property not being released; (4) in connection with the release of the entire Mortgaged Property, there is paid to the Corporation an amount sufficient to provide for the payment in full all of the Bonds then Outstanding under the Indenture; and (5) in connection with the release of any part of the Mortgaged Property, prior written notice of such release shall be provided to Moody's and S&P (each as defined below). INDENTURE Pursuant to the Indenture, the Corporation has assigned to the Trustee for the benefit of the Owners of the Bonds executed and delivered under the Indenture (a) all rights, title and interest of the Corporation in the Contract (except for certain indemnification rights, certain notice rights and the right to Additional Payments payable to the Corporation), including its rights to receive the Installment Payments thereunder, (b) all rights, title and interest of the Corporation in the Deed of Trust and the Mortgaged Property and (c) all moneys and securities from time to time held by the Trustee under the Indenture in any fund or account (except the Rebate Fund). ENFORCEABILITY NEITHER THE CONTRACT NOR THE 2022 BONDS CONSTITUTE A PLEDGE OF THE FAITH AND CREDIT OF THE COUNTY WITHIN THE MEANING OF ANY CONSTITUTIONAL DEBT LIMITATION. NO DEFICIENCY JUDGMENT MAY BE RENDERED AGAINST THE COUNTY IN ANY ACTION FOR BREACH OF ANY CONTRACTUAL OBLIGATION UNDER THE CONTRACT, AND THE TAXING POWER OF THE COUNTY IS NOT PLEDGED DIRECTLY OR INDIRECTLY TO SECURE ANY MONEYS DUE THE OWNERS OF THE 2022 BONDS PURSUANT TO THE CONTRACT. THE REMEDIES AFFORDED TO THE TRUSTEE AND THE OWNERS OF THE 2022 BONDS ON A DEFAULT BY THE COUNTY UNDER THE CONTRACT ARE LIMITED TO THOSE SPECIFIED IN THE CONTRACT AND THE INDENTURE, INCLUDING EXERCISING THE RIGHTS OF THE BENEFICIARY UNDER THE DEED OF TRUST AND THE RIGHTS OF THE TRUSTEE IN THE FUNDS HELD UNDER THE INDENTURE. The 2022 Bonds will not constitute a debt or general obligation of the Corporation and will not give the Owners of the 2022 Bonds any recourse to the assets of the Corporation, but will be payable solely from amounts payable by the County under the Contract, from amounts realized on the foreclosure on the Mortgaged Property pursuant to the Deed of Trust and from funds held in certain funds and accounts under the Indenture for such purpose. The enforceability of the Indenture, the Contract and the Deed of Trust is subject to bankruptcy, insolvency, fraudulent conveyance and other related laws affecting the enforcement of creditors' rights generally and, to the extent that certain remedies under such instruments require, or may require, enforcement by a court, to such principles of equity as the court having jurisdiction may impose. See "SUMMARY OF PRINCIPAL LEGAL DOCUMENTS - THE CONTRACT - Remedies on Default' in Appendix C for a more complete description of the rights and powers of the Trustee upon the occurrence of an event of default under the Contract. 9 Board of Commissioners - April 4, 2022 ITEM: 14- 4 - 14 ADDITIONAL BONDS Under the conditions described in the Indenture and so long as no Event of Default has occurred and is continuing under the Indenture, the Corporation may execute and deliver Additional Bonds under the Indenture without the consent of the Owners of the Bonds then Outstanding under the Indenture to provide funds to pay (a) the cost of expanding the Projects or acquiring, constructing, renovating and equipping other facilities or acquiring equipment and other capital assets for utilization by the County for public purposes, (b) the cost of refunding of all or any portion of the Bonds then Outstanding under the Indenture or any other installment financing obligations of the County, provided that such a refunding does not result in a reduction in the rating assigned to the Outstanding Bonds by Moody's or S&P; and (c) the Costs of Delivery relating to the execution, delivery and sale of such Additional Bonds. The 2021 Bonds, the 2020 Bonds, the 2012 Bonds and the 2010 Bonds are payable on a parity with any Additional Bonds hereafter executed and delivered pursuant to the Indenture. The Installment Payments and any Installment Payments with respect to Additional Bonds issued under the Indenture will be deposited as received by the Trustee in the Bond Fund held by the Trustee. Moneys in the Bond Fund will be withdrawn and used to pay the principal and interest with respect to the Bonds executed and delivered under the Indenture as the same become due and payable. If on any date the moneys on deposit in the Bond Fund are insufficient to pay all of the principal and interest with respect to the Bonds executed and delivered under the Indenture which are due and payable on such date, such moneys will be used to pay such principal and interest with respect to the Bonds entitled to receive principal or interest with respect to such date in the manner provided in the Indenture. See "SUMMARY OF PRINCIPAL LEGAL DOCUMENTS - THE INDENTURE - Application ofMoneys" in Appendix C. AVAILABLE SOURCES FOR PAYMENT OF INSTALLMENT PAYMENTS GENERAL The County may pay its Installment Payments from any source of funds available to it in each year and appropriated therefor during the term of the Contract. GENERAL FUND REVENUES The County's general fund revenues for the Fiscal Year ended June 30, 2021 were $ The County's general fund revenues for the Fiscal Year ended June 30, 2021 and for the Fiscal Year ending June 30, 2022 were budgeted at $304,445,418 and $ , respectively. General fund revenues are derived from various sources including property taxes, which generated approximately _% of the general fund revenues in the County's 2022 adopted budget. For the Fiscal Years ended June 30, 2020 and June 30, 2021, the County imposed a property tax of $0.4903 per $100 of assessed value. For the Fiscal Year ending June 30, 2022, the County imposed a property tax of $0.4903 per $100, which is expected to generate approximately $ . The County also imposed a County -wide property tax exclusively for certain debt payments that are accounted for in a Debt Service Fund. The rates were $0.0647 per $100 of assessed value for Fiscal Years ended June 30, 2020 and June 30, 2021. The General Statutes of North Carolina permit counties to impose property taxes of up to $1.50 per $100 of assessed value for certain purposes without the requirement of a voter referendum. See Appendix B hereto for additional information regarding the County's general fund revenues for the Fiscal Year ended June 30, 2021. 10 Board of Commissioners - April 4, 2022 ITEM: 14- 4 - 15 INSTALLMENT PAYMENT SCHEDULE The following schedule sets forth for each Fiscal Year of the County ending June 30 the amount of principal (whether at maturity or pursuant to mandatory prepayment) and interest required to be paid under the Contract with respect to the 2022 Bonds, the 2021 Bonds, the 2020A Bonds, the 2012 Bonds and the 2010 Bonds. Totals may not foot due to rounding. 2022 BONDS 2021 BONDS 2020A BONDS 2012 BONDS 2010 BONDS FISCAL YEAR ENDING JUNE 30, PRINCIPAL INTEREST PRINCIPAL INTEREST PRINCIPAL INTEREST PRINCIPAL INTEREST PRINCIPAL INTEREST 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 TOTAL CERTAIN RISKS OF 2022 BOND OWNERS LIMITED OBLIGATION OF THE COUNTY If the Installment Payments to be made by the County are insufficient to pay the principal and interest with respect to the Bonds, as the same become due or, if any other event of default occurs under the Contract, the Trustee may accelerate the Bonds, and all unpaid principal amounts due by the County under the Contract and foreclose on the County's interest in the Mortgaged Property under the Deed of Trust. Following execution and delivery of the 2022 Bond, the Mortgaged Property includes only the real property on which (1) the Judicial Center is located at Fourth and Market Streets in Wilmington, North Carolina, (2) the Juvenile Justice Facility is located at 138 N. 4th Street, in Wilmington, North Carolina and (3) the New Government Center will be located at 230 Government Center Drive in Wilmington, North Carolina and all improvements thereon. II Board of Commissioners - April 4, 2022 ITEM: 14- 4 - 16 NO DEFICIENCY JUDGMENT MAY BE RENDERED AGAINST THE COUNTY IN ANY ACTION FOR ANY BREACH OF THE CONTRACT. THE TAXING POWER OF THE COUNTY IS NOT AND MAY NOT BE PLEDGED DIRECTLY OR INDIRECTLY OR CONTINGENTLY TO SECURE ANY MONEYS DUE UNDER THE CONTRACT. THE REMEDIES AFFORDED TO THE TRUSTEE AND THE OWNERS OF THE BONDS UPON A DEFAULT BY THE COUNTY UNDER THE CONTRACT ARE LIMITED TO THOSE OF A SECURED PARTY UNDER THE LAWS OF THE STATE, INCLUDING FORECLOSING ON THE COUNTY'S INTEREST IN THE MORTGAGED PROPERTY COVERED BY THE DEED OF TRUST. THERE CAN BE NO ASSURANCE THAT THE MONEYS AVAILABLE IN THE FUNDS AND ACCOUNTS HELD BY THE TRUSTEE AND THE PROCEEDS OF ANY SUCH FORECLOSURE WILL BE SUFFICIENT TO PROVIDE FOR THE PAYMENT OF THE PRINCIPAL AND INTEREST WITH RESPECT TO THE BONDS OUTSTANDING UNDER THE INDENTURE. RISK OF NONAPPROPRIATION The appropriation of moneys to make the Installment Payments is within the sole discretion of the Board of the County. If the Board fails to appropriate such moneys, the only sources of payment for the Bonds will be the moneys, if any, available in the respective funds and accounts held by the Trustee under the Indenture and the proceeds of any attempted foreclosure on the County's interest in the Mortgaged Property under the Deed of Trust. ENVIRONMENTAL RISKS Except as described under this caption "Environmental Risks," the County is not aware of any recognized environmental concerns with respect to the Mortgaged Property. The County is required under the Contract to undertake whatever environmental remediation may be required by law. For example, if any portion of the Premises becomes a "Superfund Site" under the Comprehensive Environmental Response, Compensation and Liability Act, the federal government may require clean-up and the County may be required to pay all or a part of such clean-up costs. If the County was unable to continue operation of any part of the Mortgaged Property because of environmental contamination of the Mortgaged Property, the value of the Mortgaged Property at foreclosure would be reduced by the cost of any clean-up. Moreover, under the Indenture, the Trustee may refuse to foreclose on any portion of the Mortgaged Property affected by such environmental contamination. [update] [An August 25, 2020 Phase I Environmental Site Assessment, prepared by ECS Southeast, LLP ("ECS"), identified that soil on property, which has been used for automotive repair, and is adjacent to the site of the New Government Center, contained traces of oil and grease and tretrachloroethylene ("PCE") above the North Carolina action level. Groundwater samples indicated that PCE, lead and chromium were above the state groundwater standards. The County has engaged ECS to issue a Phase II Environmental Assessment to determine whether any contamination migrated to the site of the New Government Center, together with recommendations for remediation of the site of the New Government Center affected by any possible contamination from the adjacent property. The County does not own the adjacent property. While no assurances can be made, the County does not expect the costs of remediation, to the extent there is any contamination of the site of the New Government Center, to have a material adverse effect on the County. Any required remediation would be undertaken during construction of the New Government Center.] [Update] VALUE OF COLLATERAL No special appraisal of the Mortgaged Property has been obtained and the amount of proceeds received through foreclosure of the County's interest in the Mortgaged Property will be affected by a number of factors, including (1) the costs and expenses in enforcing the lien and security, (2) the condition of the Mortgaged Property, (3) the occurrence of any damage, destruction, loss or theft of the 12 Board of Commissioners - April 4, 2022 ITEM: 14- 4 - 17 Mortgaged Property which is not repaired or replaced and for which there are not received or appropriated moneys from insurance policies or any risk management program, (4) problems relating to the paucity of alternative uses of the facilities arising from their design, zoning restrictions, use restrictions, easements and encumbrances on the Mortgaged Property and (5) environmental problems and risks with respect to the Mortgaged Property. NO REPRESENTATION IS MADE AS TO THE VALUE OF THE COUNTY'S INTEREST IN THE MORTGAGED PROPERTY IN FORECLOSURE. UNINSURED OR UNDERINSURED CASUALTY If all or any part of the Projects is partially or totally damaged or destroyed by any fire or other casualty or is wholly or partially taken pursuant to eminent domain proceedings, the County may elect not to repair, restore, improve or replace the affected portion of the Premises if (1) the Net Proceeds are less than $500,000 and (2) a County Representative certifies to the Corporation that such Net Proceeds are not necessary to restore the affected portion of the Premises to its intended use. In such event, the County will direct the Trustee to deposit such Net Proceeds in the Bond Fund to be applied toward the next payment of principal and interest with respect to the Bonds. The Contract requires the County to maintain certain insurance with respect to the Mortgaged Property, but such insurance may not cover all perils to which the Mortgaged Property is subject or provide sufficient Net Proceeds to fully repair or replace the Mortgaged Property. OUTSTANDING GENERAL OBLIGATION DEBT OF THE COUNTY The County has general obligation bonds outstanding and may issue additional general obligation bonds and notes in the future. The County has pledged and will pledge its faith and credit and taxing power to the payment of its general obligation bonds and notes issued or to be issued. See the caption "THE COUNTY - DEBT INFORMATION" in Appendix A for a description of the County's outstanding and authorized but unissued general obligation bonds and notes. FUNDS WHICH MAY OTHERWISE BE AVAILABLE TO PAY INSTALLMENT PAYMENTS OR ADDITIONAL PAYMENTS OR TO MAKE OTHER PAYMENTS TO BE MADE BY THE COUNTY UNDER THE CONTRACT MAY BE SUBJECT TO SUCH FAITH AND CREDIT PLEDGE BY THE COUNTY AND THEREFORE MAY BE REQUIRED TO BE APPLIED TO THE PAYMENT OF ITS GENERAL OBLIGATION INDEBTEDNESS. OTHER INDEBTEDNESS There is no limitation on the County entering into additional contracts which provide for obligations the payment on which is subject to appropriation. See "THE COUNTY - DEBT INFORMATION - Other Long -Term Commitments" in Appendix A. RECENT DEVELOPMENTS (COVID-19) On March 11, 2020, the World Health Organization declared a global pandemic following the outbreak of COVID-19, a respiratory disease caused by a new strain of coronavirus, which is currently negatively impacting most, if not all, areas of the world, including the United States, the State and the County. Within the United States, the Federal government and various state and local governments, as well a private entities and institutions, have implemented a variety of different efforts aimed at preventing the spread of COVID-19 including, but not limited to, travel restrictions, voluntary and mandatory work from home arrangements, and facility closures. The impact of these various measures, as well as general concerns related to the global and national public health emergency and other contributing factors, have also resulted in significant impact to the global and national economies. 13 Board of Commissioners - April 4, 2022 ITEM: 14- 4 - 18 The State has taken a multi -phased approach, based on testing, tracing and trends, to lift restrictions in place to slow the spread of COVID-19 and variants thereof. Given the unpredictability of trends in the spread of COVID-19 and variants thereof, the City cannot predict whether the State will remove or reinstate restrictions moving forward. The County applied for benefits under the Coronavirus Aid, Relief, and Economic Security ("CARES") Act and received $8,615,592 in CARES Act grant monies. Of such funds, the County distributed $2,153,898 to the City of Wilmington and the towns of Carolina Beach, Kure Beach and Wrightsville Beach. The funds are being used to respond to the virus and aid small businesses deeply impacted by the COVID-19 pandemic. [Currently, the County has not experienced any material changes in its budgeted revenues or expenditures for the fiscal year ending June 30, 2021 (see "BUDGET COMMENTARY" in Appendix A hereto).] CYBERSECURITY The County, like many other large public and private entities, relies on a large and complex technology environment to conduct its operations and faces multiple cybersecurity threats involving, but not limited to, hacking, phishing viruses, malware and other attacks on its computing and other digital networks and systems (collectively, "Systems Technology"). As a recipient and provider of personal, private, or sensitive information, the County may be the target of cybersecurity incidents that could result in adverse consequences to the County and its Systems Technology, requiring a response action to mitigate the consequences. Cybersecurity incidents could result from unintentional events, or from deliberate attacks by unauthorized entities or individuals attempting to gain access to the County's Systems Technology for the purposes of misappropriating assets or information or causing operational disruption and damage. To mitigate the risk of business operations impact and/or damage from cybersecurity incidents or cyber- attacks, the County invests in multiple forms of cybersecurity and operational safeguards. While the County's cybersecurity and operational safeguards are periodically tested, no assurances can be given by the County that such measures will ensure against other cybersecurity threats and attacks. Cybersecurity breaches could cause material disruption to the County's finances or operations. The costs of remedying any such damage or obtaining insurance related thereto, or protecting against future attacks could be substantial and insurance (if any can be obtained), may not be adequate to cover such losses or other consequential County costs and expenses. Further, cybersecurity breaches could expose the County to material litigation and other legal risks, which could cause the County to incur material costs related to such legal claims or proceedings. CLIMATE CHANGE The County is susceptible to the effects of extreme weather events and natural disasters, including floods, droughts and hurricanes and has experienced multiple severe weather events within the past several years. These effects may be amplified by a prolonged global temperature increase over the next several decades (commonly referred to as "climate change"). No assurances can be given that a future extreme weather event driven by climate change will not adversely affect the County. BANKRUPTCY Under North Carolina law, a local governmental unit such as the County may not file for bankruptcy protection without (1) the consent of the LGC and (2) the satisfaction of the requirements of § 109(c) of the United States Bankruptcy Code. If the County were to initiate bankruptcy proceedings 14 Board of Commissioners - April 4, 2022 ITEM: 14- 4 - 19 with the consent of the LGC and satisfy the requirements of 11 U.S.C. §109(c), the bankruptcy proceedings could have material and adverse effects on holders of the 2022 Bonds, including (a) delay in enforcement of their remedies, (b) subordination of their claims to claims of those supplying goods and services to the County after the initiation of bankruptcy proceedings and to the administrative expenses of bankruptcy proceedings and (c) imposition without their consent of a plan of reorganization reducing or delaying payment of the 2022 Bonds. The effect of the other provisions of the United States Bankruptcy Code on the rights and remedies of the holders of the 2022 Bonds cannot be predicted and may be affected significantly by judicial interpretation, general principles of equity (regardless of whether considered in a proceeding in equity or at law) and considerations of public policy. Regardless of any specific adverse determinations in a bankruptcy case of the County, the fact of such a bankruptcy case could have an adverse effect on the liquidity and value of the 2022 Bonds. THE CORPORATION The Corporation is organized under the North Carolina Nonprofit Corporation Act (N.C.G.S. Chapter 55A-1 et seq., as amended, the "Act") and is authorized under the Act to carry out the purposes set forth in its articles of incorporation. The Corporation was organized for the purpose of, among other things, assisting the County in carrying out its municipal and governmental functions through the financing, construction, operation, sale or lease of real estate, improvements and facilities such as the Facilities and to enter into agreements with the County and other relevant parties to facilitate such essential projects. Pursuant to its articles of incorporation, the Corporation is empowered to buy, hold, own, sell, assign, mortgage or lease any interest in real estate and personal property in the manner contemplated by the Contract and to construct, maintain and operate improvements thereon necessary or incident to the accomplishment of the purpose of promoting the general welfare of the citizens of the County by assisting the County in carrying out its municipal and governmental functions through the acquisition, construction, operation, sale or lease of real estate and improvements, facilities and equipment for the use and benefit of the general public. The Corporation has no taxing power. The Board of Directors of the Corporation consists of three directors, who serve until their successors are elected following three-year terms. The following individuals are currently serving as (i) the directors of the Corporation and (ii) the officers of the Corporation, as indicated opposite their respective names: Julia Olson-Boseman President Chris Coudriet Secretary Lisa Wurtzbacher Treasurer The officers and directors of the Corporation presently serve without compensation. The Corporation has no assets or employees. All officers and directors of the Corporation are employees of the County. THE COUNTY GENERAL See Appendix A for a description of the County. CONTINGENT LIABILITIES AND LITIGATION The County is not aware of any contingent liabilities which, in the opinion of the County Attorney, would materially affect the County's ability to meet its financial obligations. 15 Board of Commissioners - April 4, 2022 ITEM: 14- 4 - 20 LEGAL MATTERS LITIGATION No litigation is now pending or, to the best of the County's knowledge, threatened, against or affecting the County which seeks to restrain or enjoin the authorization, execution or delivery of the 2022 Bonds or which contests the County's creation, organization or corporate existence, or the title of any of the present officers thereof to their respective offices or the authority or proceedings for the County's authorization, execution and delivery of the Contract, or the County's authority to carry out its obligations thereunder or which would have a material adverse impact on the County's condition, financial or otherwise. In addition, no litigation is now pending or, to the best of the Corporation's knowledge, threatened, against or affecting the Corporation which seeks to restrain or enjoin the authorization, execution or delivery of the 2022 Bonds or Contract or which contests the validity or the authority or proceedings for the adoption, authorization, execution or delivery of the 2022 Bonds or the Corporation's creation, organization or corporate existence, or the title of any of the present officers thereof to their respective offices or the authority or proceedings for the Corporation's authorization, execution or delivery of the 2022 Bonds, the Indenture or the Contract, or the Corporation's authority to carry out its obligations thereunder. OPINIONS OF COUNSEL Legal matters related to the execution, sale and delivery of the 2022 Bonds are subject to the approval of, and Parker Poe Adams & Bernstein LLP, Bond Counsel. The opinion of Parker Poe Adams & Bernstein LLP, as Bond Counsel, substantially in the form set forth in Appendix D hereto, will be delivered at the time of the delivery of the 2022 Bonds. Certain legal matters will be passed on for the County by Wanda Copley, Esq.; for the Corporation by its counsel, Parker Poe Adams & Bernstein LLP; and for the Underwriter by their counsel, Holland & Knight LLP. Parker Poe Adams & Bernstein LLP is serving as Bond Counsel and counsel to the Corporation and, from time to time it and Holland & Knight LLP, counsel to the Underwriter, have represented the Underwriter as counsel in other financing transactions. Neither the County, the Corporation, nor the Underwriter have conditioned the future employment of either of these firms in connection with any proposed financing issues for the County, the Corporation or for the Underwriter on the successful execution and delivery of the 2021 Bonds. TAX TREATMENT On the date of execution and delivery of the 2022 Bonds, Parker Poe Adams & Bernstein LLP, as Bond Counsel, will render an opinion that, under existing law (1) assuming compliance by the County with certain provisions of the Internal Revenue Code of 1986, as amended (the "Code"), (a) the interest component of the Installment Payments with respect to the 2022 Bonds is excludable from gross income for federal income tax purposes, and (b) is not an item of tax preference for purposes of the federal alternative minimum tax, and (2) the interest component of the Installment Payments with respect to the 2022 Bonds is exempt from State of North Carolina income taxation. The Code imposes various restrictions, conditions and requirements relating to the exclusion of interest on obligations, such as the 2022 Bonds, from gross income for federal income tax purposes, including, but not limited to, the requirement that the County rebate certain excess earnings on proceeds and amounts treated as proceeds of the 2022 Bonds to the United States Treasury, restrictions on the investment of such proceeds and other amounts, and restrictions on the ownership and use of the facilities financed or refinanced with proceeds of the 2022 Bonds. The foregoing is not intended to be an exhaustive listing of the post -issuance tax compliance requirements of the Code, but is illustrative of the 16 Board of Commissioners - April 4, 2022 ITEM: 14- 4 - 21 requirements that must be satisfied by the County subsequent to execution and delivery of the 2022 Bonds to maintain the excludability of the interest component of the Installment Payments with respect to the 2022 Bonds from gross income for federal income tax purposes. Bond Counsel's opinion is given in reliance on certifications by representatives of the County as to certain facts material to the opinion and the requirements of the Code. The County has covenanted to comply with all requirements of the Code that must be satisfied subsequent to the execution and delivery of the 2022 Bonds in order that the interest component of the Installment Payments with respect to the 2022 Bonds be, or continue to be, excludable from gross income for federal income tax purposes. The opinion of Bond Counsel assumes compliance by the County with such covenants, and Bond Counsel has not been retained to monitor compliance by the County with such covenants subsequent to the date of execution and delivery of the 2022 Bonds. Failure to comply with certain of such requirements may cause the interest component of the Installment Payments with respect to the 2022 Bonds to be included in gross income for federal income tax purposes retroactive to the date of execution and delivery of the 2022 Bonds. No other opinion is expressed by Bond Counsel regarding the federal tax consequences of the ownership of or the receipt or accrual of interest with respect to the 2022 Bonds. If the interest component of the Installment Payments with respect to the 2022 Bonds subsequently becomes included in gross income for federal income tax purposes due to a failure by the County to comply with any requirements described above, the Contract does not require the County to prepay the 2022 Bonds or to pay any additional interest or penalty. The Internal Revenue Service has established an ongoing program to audit tax-exempt obligations to determine whether interest on such obligations is includible in gross income for federal income tax purposes. Bond Counsel cannot predict whether the Internal Revenue Service will commence an audit of the 2022 Bonds. Prospective purchasers of the 2022 Bonds are advised that, if the Internal Revenue Service does audit the 2022 Bonds, under current Internal Revenue Service procedures, at least during the early stages of an audit, the Internal Revenue Service will treat the County as the taxpayer, and the owners of the 2022 Bonds may have limited rights, if any, to participate in such audit. The commencement of an audit could adversely affect the market value and liquidity of the 2022 Bonds until the audit is concluded, regardless of the ultimate outcome. Prospective purchasers of the 2022 Bonds should be aware that ownership of the 2022 Bonds and the accrual or receipt of interest component of the Installment Payments with respect to the 2022 Bonds may result in collateral federal income tax consequences to certain taxpayers, including, without limitation, financial institutions, property or casualty insurance companies, individual recipients of Social Security or Railroad Retirement benefits, certain Subchapter S Corporations with "excess net passive income," foreign corporations subject to the branch profits tax, life insurance companies, and taxpayers who may be deemed to have incurred or continued indebtedness to purchase or carry the 2022 Bonds. Bond Counsel does not express any opinion as to any such collateral tax consequences. Prospective purchasers of the 2022 Bonds should consult their own tax advisors as to the collateral tax consequences. Proposed legislation is considered from time to time by the United States Congress that, if enacted, would affect the tax consequences of owning the 2022 Bonds. No assurance can be given that any future legislation, or clarifications or amendments to the Code, if enacted into law, will not contain provisions which could cause the interest component of the Installment Payments with respect to the 2022 Bonds to be subject directly or indirectly to federal or State of North Carolina income taxation, adversely affect the market price or marketability of the 2022 Bonds or otherwise prevent the owners of the 2022 Bonds from realizing the full current benefit of the status of the interest component of the Installment Payments with respect to the 2022 Bonds. 17 Board of Commissioners - April 4, 2022 ITEM: 14- 4 - 22 Bond Counsel is further of the opinion that, under existing law, the interest component of the Installment Payments with respect to the 2022 Bonds is exempt from State of North Carolina income taxation. Bond Counsel's opinion is based on existing law, which is subject to change. Such opinion is further based on factual representations made to Bond Counsel as of the date thereof. Bond Counsel assumes no duty to update or supplement its opinion to reflect any facts or circumstances that may thereafter come to Bond Counsel's attention, or to reflect any changes in law that may thereafter occur or become effective. Moreover, Bond Counsel's opinion is not a guarantee of a particular result, and is not binding on the IRS or the courts; rather, such opinion represents Bond Counsel's professional judgment based on its review of existing law, and in reliance on the representations and covenants that Bond Counsel deems relevant to such opinion. Bond Counsel's opinion expresses the professional judgment of the attorneys rendering the opinion regarding the legal issues expressly addressed therein. By rendering its opinion, Bond Counsel does not become an insurer or guarantor of the result indicated by that expression of professional judgment, of the transaction on which the opinion is rendered, or of the future performance of the County, nor does the rendering of such opinion guarantee the outcome of any legal dispute that may arise out of the transaction. As indicated on the inside cover page, the 2022 Bonds maturing on November 1, 20_ (the "OID Bonds"), are being sold at initial offering prices which are less than the principal amount payable at maturity. Under the Code, the difference between (a) the initial offering prices to the public (excluding bond houses and brokers) at which a substantial amount of each maturity of the OID Bonds is sold and (b) the principal amount payable at maturity of such OID Bonds, constitutes original issue discount treated as interest which will be excluded from the gross income of the owners of such OID Bonds for federal income tax purposes. In the case of an owner of an OID Bond, the amount of original issue discount on such OID Bond is treated as having accrued daily over the term of such OID Bond on the basis of a constant yield compounded at the end of each accrual period and is added to the owner's cost basis of such OID Bond in determining, for federal income tax purposes, the gain or loss upon the sale, redemption or other disposition of such OID Bond (including its sale, redemption or payment at maturity). Amounts received upon the sale, redemption or other disposition of an OID Bond which are attributable to accrued original issue discount on such OID Bonds will be treated as interest exempt from gross income, rather than as a taxable gain, for federal income tax purposes, and will not be a specific item of tax preference for purposes of the federal alternative minimum tax. However, it should be noted that the original issue discount that accrues to an owner of an OID Bond may result in other collateral federal income tax consequences for certain taxpayers in the year of accrual. Original issue discount is treated as compounding semiannually at a rate determined by reference to the yield to maturity of each individual OID Bond. The amount treated as original issue discount on an OID Bond for a particular semiannual accrual period is equal to (a) the product of (i) the yield to maturity for such OID Bond (determined by compounding at the close of each accrual period) and (ii) the amount which would have been the tax basis of such OID Bond at the beginning of the particular accrual period if held by the original purchaser, less (b) the amount of interest payable on such OID Bond during the particular accrual period. The tax basis is determined by adding to the initial public offering price on such OID Bond the sum of the amounts which have been treated as original issue discount for such purposes during all prior accrual periods. If an OID Bond is sold between semiannual compounding dates, original issue discount which would have accrued for that semiannual compounding period for federal income tax purposes is to be apportioned in equal amounts among the days in such compounding period. The Code contains additional provisions relating to the accrual of original issue discount in the case of owners of the OID Bonds who subsequently purchase any OID Bonds after the initial offering or Board of Commissioners - April 4, 2022 ITEM: 14- 4 - 23 at a price different from the initial offering price during the initial offering of the 2022 Bonds. Owners of OID Bonds should consult their own tax advisors with respect to the precise determination for federal and state income tax purposes of the amount of original issue discount accrued upon the sale, redemption or other disposition of an OID Bond as of any date and with respect to other federal, state and local tax consequences of owning and disposing of an OID Bond. It is possible that under the applicable provisions governing the determination of state or local taxes, accrued original issue discount on an OID Bond may be deemed to be received in the year of accrual even though there will not be a corresponding cash payment attributable to such original issue discount until a later year. As indicated on the inside cover page, the 2022 Bonds maturing on June 1, to , inclusive (collectively, the "Premium Bonds"), are being sold at initial offering prices which are in excess of the principal amount payable at maturity. The difference between (a) the initial offering prices to the public (excluding bond houses and brokers) at which a substantial amount of the Premium Bonds is sold and (b) the principal amount payable at maturity of such Premium Bonds constitutes original issue premium, which original issue premium is not deductible for federal income tax purposes. In the case of an owner of a Premium Bond, however, the amount of the original issue premium which is treated as having accrued over the term of such Premium Bond is reduced from the owner's cost basis of such Premium Bond in determining, for federal income tax purposes, the taxable gain or loss upon the sale, redemption or other disposition of such Premium Bond (whether upon its sale, redemption or payment at maturity). Owners of Premium Bonds should consult their tax advisors with respect to the determination, for federal income tax purposes, of the "adjusted basis" of such Premium Bonds upon any sale or disposition and with respect to any state or local tax consequences of owning a Premium Bond. CONTINUING DISCLOSURE The County agrees in the Fourth Amendment, in accordance with Rule 15c2-12 (the "Rule") promulgated by the Securities and Exchange Commission (the "SEC"), to provide to the Municipal Securities Rulemaking Board (the "MSRB"): (a) by not later than seven months after the end of each Fiscal Year, beginning with the Fiscal Year ending June 30, 2022, to the MSRB, the audited financial statements of the County for such Fiscal Year, if available, prepared in accordance with Section 159-34 of the General Statutes of North Carolina, as it may be amended from time to time, or any successor statute, or if such audited financial statements are not then available, unaudited financial statements of the County for such Fiscal Year to be replaced subsequently by audited financial statements of the County to be delivered within 15 days after such audited financial statements become available for distribution; (b) by not later than seven months after the end of each Fiscal Year, beginning with the Fiscal Year ending June 30, 2022, to the MSRB, the financial and statistical data as of a date not earlier than the end of such Fiscal Year for the type of information included under the captions "THE COUNTY — DEBT INFORMATION" and "— TAX INFORMATION" (including subheadings thereunder) in Appendix A to this official statement (excluding any information on overlapping or underlying units). (c) in a timely manner not in excess of 10 Business Days after the occurrence of the event, to the MSRB notice of any of the following events with respect to the 2022 Bonds: principal and interest payment delinquencies; non-payment related defaults, if material; 19 Board of Commissioners - April 4, 2022 ITEM: 14- 4 - 24 3. unscheduled draws on debt service reserves reflecting financial difficulties; 4. unscheduled draws on credit enhancements reflecting financial difficulties; 5. substitution of any credit or liquidity providers, or their failure to perform; 6. adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material events affecting the tax status of the 2021 Bonds; 7. modifications of the rights of the Beneficial Owners of the 2022 Bonds, if material; call of any of the 2022 Bonds, if material, and tender offers; defeasance of any of the 2022 Bonds; 10. release, substitution, or sale of any property securing repayment of the 2021 Bonds, if material; 11. rating changes; 12. bankruptcy, insolvency, receivership or similar event of the County; 13. the consummation of a merger, consolidation, or acquisition involving the County or the sale of all or substantially all of the assets of the County, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to such actions, other than pursuant to its terms, if material; 14. appointment of a successor or additional trustee or the change of name of a trustee, if material; 15. incurrence of a financial obligation of the County, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a financial obligation of the County, any of which affect securities holders, if material; 16. default, event of acceleration, termination event, modification of terms, or other similar events under the terms of a financial obligation of the County, any of which reflect financial difficulties; and (d) in a timely manner, to the MSRB, notice of a failure of the County to provide required annual financial information described in (a) or (b) above on or before the date specified. For purposes of this undertaking, "financial obligation" means (a) a debt obligation, (b) a derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation, or (c) a guarantee of either clause (a) or (b) above. The term ►K11 Board of Commissioners - April 4, 2022 ITEM: 14- 4 - 25 "financial obligation" shall not include municipal securities as to which a final official statement has been provided to the MSRB consistent with the Rule. The County agrees in the Fourth Amendment that its undertaking described above is intended to be for the benefit of the Owners and the beneficial owners of the 2022 Bonds and is enforceable by the Trustee or by any of them, including an action for specific performance of the County's obligations described above, but a failure to comply will not be an Event of Default under the Contract and will not result in acceleration of the principal component of Installment Payments. An action must be instituted, had and maintained in the manner provided in the Fourth Amendment for the benefit of all of the Owners and beneficial owners of the 2022 Bonds. At present, Section 159-34 of the General Statutes of North Carolina requires the County's financial statements to be prepared in accordance with generally accepted accounting principles and to be audited in accordance with generally accepted auditing standards. Pursuant to the Fourth Amendment, the County may modify from time to time, consistent with the Rule, the information provided or the format of the presentation of such information, to the extent necessary or appropriate in the judgment of the County, but: (a) any such modification may only be made in connection with a change in circumstances that arises from a change in legal requirements, change in law or change in the identity, nature or status of the County; (b) the information to be provided, as modified, would have complied with the requirements of the Rule as of the date of this Official Statement, after taking into account any amendments or interpretations of the Rule as well as any changes in circumstances; (c) any such modification does not materially impair the interest of the Owners or the beneficial owners, as determined by nationally recognized bond counsel or by the approving vote of the Owners of a majority in principal amount of the 2022 Bonds pursuant to the Indenture as may be amended from time to time. Any annual financial information containing modified operating data or financial information will explain, in narrative form, the reasons for the modification and the impact of the change in the type of operating data or financial information being provided. All documents provided to the MSRB as described above are to be provided in an electronic format as prescribed by the MSRB and accompanied by identifying information as prescribed by the MSRB. The County may discharge its undertaking described above by transmitting those documents or notices in a manner subsequently required by the SEC in lieu of the manner described above. The undertaking described above will terminate on payment, or provision having been made for payment in a manner consistent with the Rule, in full of the principal of and interest with respect to the 2021 Bonds. Over the past five years, the County has, to the best of its knowledge, complied in all material respects with its continuing disclosure obligations pursuant to the Rule. The Underwriter has agreed to purchase the 2022 Bonds at a purchase price that reflects an Underwriter's discount of $ . The Underwriter is committed to take and pay for all of the 2022 Bonds if any are taken. The Underwriter may offer and sell the 2022 Bonds to certain dealers 21 Board of Commissioners - April 4, 2022 ITEM: 14- 4 - 26 (including dealers depositing the 2022 Bonds into investment trusts) and others at prices different from the initial public offering prices stated on the inside cover page hereof. The public offering prices may be changed from time to time by the Underwriter. PNC Capital Markets LLC and PNC Bank, National Association are both wholly -owned subsidiaries of PNC Financial Services Group, Inc. PNC Capital Markets LLC is not a bank, and is a distinct legal entity from PNC Bank, National Association. PNC Capital Markets LLC may offer to sell to its affiliate, PNC Investments, LLC ("PNCI"), securities in PNC Capital Markets LLC's inventory for resale to PNCI's customers. PNC Bank, National Association has banking and financial relationships with the County. RATINGS Moody's Investors Service, Inc. ("Moody's") and S&P Global Ratings, a business unit of Standard & Poor's Financial Services LLC ("S&P"), have assigned independent underlying ratings of " " and " ," respectively, to the 2022 Bonds. Such ratings reflect only the view of Moody's and S&P at the time the ratings were given, and neither the County nor the Underwriter make any representations as to the appropriateness of such ratings. The ratings are not a recommendation to buy, sell or hold the 2022 Bonds and should be evaluated independently. There is no assurance that such ratings will not be withdrawn or revised downward by Moody's or S&P. Any such action may have an adverse effect on the market price of the 2021 Bonds. Neither the County nor the Underwriter have undertaken any responsibility after the execution and delivery of the 2022 Bonds to assure maintenance of the ratings or to oppose any such revision or withdrawal. FINANCIAL ADVISOR First Tryon Advisors has served as financial advisor (the "Financial Advisor") to the County with respect to the sale of the 2022 Bonds. The Financial Advisor's fee for services rendered with respect to the sale of the 2022 Bonds is contingent on the issuance and delivery of the 2022 Bonds. The Financial Advisor is not obligated to undertake, and has not undertaken, either to make an independent verification of or to assume responsibility for the accuracy, completeness, or fairness of the information contained in this Official Statement and the appendices thereto. MISCELLANEOUS All quotations from and summaries and explanations of the Contract, the Deed of Trust and the Indenture contained herein or in Appendix C hereto do not purport to be complete, and reference is made to such documents for full and complete statements of their respective provisions. The Appendices attached hereto are a part of this Official Statement. 22 Board of Commissioners - April 4, 2022 ITEM: 14- 4 - 27 The information contained in this Official Statement has been compiled or prepared from information obtained from the County and other sources deemed to be reliable and, although not guaranteed as to completeness or accuracy, is believed to be correct as of this date. Any statements involving matters of opinion, whether or not expressly so stated, are intended as such and not as representations of fact. The form, terms and content of this Official Statement and its use by the Underwriter in connection with the sale of the 2022 Bonds have been duly authorized by the Board of Commissioners of the County. [The remainder of this page left intentionally blank] 23 Board of Commissioners - April 4, 2022 ITEM: 14- 4 - 28 APPENDIX A THE COUNTY OF NEW HANOVER Board of Commissioners - April 4, 2022 ITEM: 14- 4 - 29 APPENDIX B MANAGEMENT'S DISCUSSION AND ANALYSIS AND THE BASIC FINANCIAL STATEMENTS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA Board of Commissioners - April 4, 2022 ITEM: 14- 4 - 30 APPENDIX C SUMMARY OF PRINCIPAL LEGAL DOCUMENTS Board of Commissioners - April 4, 2022 ITEM: 14- 4 - 31 APPENDIX D PROPOSED FORM OF OPINION OF BOND COUNSEL Board of Commissioners - April 4, 2022 ITEM: 14- 4 - 32 APPENDIX E BOOK ENTRY ONLY SYSTEM Board of Commissioners - April 4, 2022 ITEM: 14- 4 - 33 APPENDIX E BOOK ENTRY ONLY SYSTEM The Depository Trust Company a subsidiary of The Depository Trust & Clearing Corporation The Depository Trust Company ("DTC'), New York, NY, a subsidiary of the Depository Trust Company & Clearing Corporation, will act as securities depository for the 2022 Bonds (the "2022 Bonds"). The 2022 Bonds will be issued as fully -registered securities registered in the name of Cede & Co. (DTC's partnership nominee) or such other name as may be requested by an authorized representative of DTC. One fully -registered bond will be issued for each maturity of the 2022 Bonds, in the aggregate principal component amount of such maturity, and will be deposited with DTC. SO LONG AS CEDE & CO. IS THE REGISTERED OWNER OF THE 2022 Bonds, AS DTC's PARTNERSHIP NOMINEE, REFERENCE HEREIN TO THE OWNERS OR REGISTERED OWNERS OF THE 2022 Bonds SHALL MEAN CEDE & CO. AND SHALL NOT MEAN THE BENEFICIAL OWNERS OF THE 2022 Bonds. DTC, the world's largest securities depository, is a limited -purpose trust company organized under the New York Banking Law, a "banking organization" within the meaning of the New York Banking Law, a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered pursuant to the provisions of Section 17A of the Securities Exchange Act of 1934. DTC holds and provides asset servicing for over 3.5 million issues of U.S. and non-U.S. equity issues, corporate and municipal debt issues, and money market instruments (from over 100 countries) that DTC's participants ("Direct Participants") deposit with DTC. DTC also facilitates the post -trade settlement among Direct Participants of sales and other securities transactions in deposited securities, through electronic computerized book -entry transfers and pledges between Direct Participants' accounts. This eliminates the need for physical movement of the 2021 Bonds. Direct Participants include both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations. DTC is a wholly -owned subsidiary of The Depository Trust & Clearing Corporation ("DTCC'). DTCC is the holding company for DTC, National Securities Clearing Corporation and Fixed Income Clearing Corporation, all of which are registered clearing agencies. DTCC is owned by the users of its regulated subsidiaries. Access to the DTC system is also available to others such as both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, and clearing corporations that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly ("Indirect Participants"). DTC has a Standard & Poor's rating: of AA+. The DTC rules applicable to its Participants are on file with the Securities and Exchange Commission. More information about DTC can be found at www.dtcc.com. Purchases of 2022 Bonds under the DTC system must be made by or through Direct Participants, which will receive a credit for the 2022 Bonds on DTC's records. The ownership interest of each actual purchaser of the 2022 Bonds ("Beneficial Owner") is in turn to be recorded on the Direct and Indirect Participants' records. Beneficial Owners will not receive written confirmation from DTC of their purchase. Beneficial Owners are, however, expected to receive written confirmations providing details of the transaction, as well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership interests with respect to the 2022 Bonds are to be accomplished by entries made on the books of Direct and Indirect Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive bonds representing their ownership interests in 2022 Bonds, except in the event that use of the book -entry system for the 2022 Bonds is discontinued. E-1 Board of Commissioners - April 4, 2022 ITEM: 14- 4 - 34 To facilitate subsequent transfers, all 2022 Bonds deposited by Direct Participants with DTC are registered in the name of DTC's partnership nominee, Cede & Co., or such other name as may be requested by an authorized representative of DTC. The deposit of 2022 Bonds with DTC and their registration in the name of Cede & Co. or such other DTC nominee do not effect any change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the 2022 Bonds; DTC's records reflect only the identity of the Direct Participants to whose accounts such 2022 Bonds arc credited, which may or may not be the Beneficial Owners. The Direct and Indirect Participants will remain responsible for keeping account of their holdings on behalf of their customers. Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject to any statutory or regulatory requirements as may be in effect from time to time. Beneficial Owners of 2022 Bonds may wish to take certain steps to augment the transmission to them of notices of significant events with respect to the 2022 Bonds, such as prepayments, tenders, defaults, and proposed amendments to the security documents. For example, Beneficial Owners of 2022 Bonds may wish to ascertain that the nominee holding the 2022 Bonds for their benefit has agreed to obtain and transmit notices to Beneficial Owners. In the alternative, Beneficial Owners may wish to provide their names and addresses to the registrar and request that copies of notices be provided directly to them. Prepayment notices shall be sent to DTC. If less than all of the 2022 Bonds within an issue are being prepaid, DTC's practice is to determine by lot the amount of the interest of each Direct Participant in such issue to be prepaid. Neither DTC nor Cede & Co. (nor any other DTC nominee) will consent or vote with respect to 2021 Bonds unless authorized by a Direct Participant in accordance with DTC's MMI Procedures. Under its usual procedures, DTC mails an Omnibus Proxy to Trustee as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co.'s consenting or voting rights to those Direct Participants to whose accounts 2022 Bonds are credited on the record date (identified in a listing attached to the Omnibus Proxy). BECAUSE DTC IS TREATED AS THE OWNER OF THE 2022 BONDS FOR SUBSTANTIALLY ALL PURPOSES UNDER THE INDENTURE, BENEFICIAL OWNERS MAY HAVE A RESTRICTED ABILITY TO INFLUENCE IN A TIMELY FASHION REMEDIAL ACTION OR THE GIVING OR WITHHOLDING OF REQUESTED CONSENTS OR OTHER DIRECTIONS. IN ADDITION, BECAUSE THE IDENTITY OF BENEFICIAL OWNERS IS UNKNOWN TO THE COMMISSION, TO THE COUNTY, TO DTC OR TO THE TRUSTEE, IT MAY BE DIFFICULT TO TRANSMIT INFORMATION OF POTENTIAL INTEREST TO BENEFICIAL OWNERS IN AN EFFECTIVE AND TIMELY MANNER. BENEFICIAL OWNERS SHOULD MAKE APPROPRIATE ARRANGEMENTS WITH THEIR BROKER OR DEALER REGARDING DISTRIBUTION OF INFORMATION REGARDING THE 2022 BONDS THAT MAY BE TRANSMITTED BY OR THROUGH DTC. E-2 Board of Commissioners - April 4, 2022 ITEM: 14- 4 - 35 Prepayment proceeds, distributions, and Installment Payments on the 2022 Bonds will be made to Cede & Co., or such other nominee as may be requested by an authorized representative of DTC. DTC's practice is to credit Direct Participants' accounts upon DTC's receipt of funds and corresponding detail information from Trustee, on the payable date in accordance with their respective holdings shown on DTC's records. Payments by Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered in "street name," and will be the responsibility of such Participant and not of DTC, the Trustee, the County or the Commission, subject to any statutory or regulatory requirements as may be in effect from time to time. Payment of prepayment proceeds, distributions, and Installment Payments to Cede & Co. (or such other nominee as may be requested by an authorized representative of DTC) is the Trustee's responsibility; disbursement of such payments to Direct Participants will be the responsibility of DTC, and disbursement of such payments to the Beneficial Owners will be the responsibility of Direct and Indirect Participants. THE COMMISSION AND THE COUNTY CANNOT AND DO NOT GIVE ASSURANCE THAT DIRECT AND INDIRECT PARTICIPANTS WILL PROMPTLY TRANSFER PAYMENTS TO BENEFICIAL OWNERS. DTC may discontinue providing its services as depository with respect to the 2022 Bonds at any time by giving reasonable notice to the Commission, the County and the Trustee. Under such circumstances, in the event that a successor depository is not obtained, 2022 Bond certificates are required to be printed and delivered. The Commission or the County may decide to discontinue use of the system of book -entry -only transfers through DTC (or a successor securities depository). In that event, 2022 Bond certificates will be printed and delivered to DTC. The information in this Appendix E concerning DTC and DTC's book -entry system has been obtained from sources the Commission and the County believe to be reliable, but the Commission and the County take no responsibility for the accuracy thereof. THE COMMISSION, THE COUNTY AND THE TRUSTEE HAVE NO RESPONSIBILITY OR OBLIGATION TO DTC, THE DIRECT PARTICIPANTS, THE INDIRECT PARTICIPANTS OR THE BENEFICIAL OWNERS WITH RESPECT TO (1) THE ACCURACY OF ANY RECORDS MAINTAINED BY DTC OR ANY PARTICIPANT, OR THE MAINTENANCE OF ANY RECORDS; (2) THE PAYMENT BY DTC OR ANY PARTICIPANT OF ANY AMOUNT DUE TO ANY BENEFICIAL OWNER IN RESPECT OF THE 2022 BONDS, OR THE SENDING OF ANY TRANSACTION STATEMENTS; (3) THE DELIVERY OR TIMELINESS OF DELIVERY BY DTC OR ANY PARTICIPANT OF ANY NOTICE TO ANY BENEFICIAL OWNER WHICH IS REQUIRED OR PERMITTED UNDER THE INDENTURE TO BE GIVEN TO OWNERS; (4) THE SELECTION OF THE BENEFICIAL OWNERS TO RECEIVE PAYMENTS UPON ANY PARTIAL PREPAYMENT OF THE 2022 BONDS; OR (5) ANY CONSENT GIVEN OR OTHER ACTION TAKEN BY DTC OR ITS NOMINEE AS THE REGISTERED OWNER OF THE 2022 BONDS, INCLUDING ANY ACTION TAKEN PURSUANT TO AN OMNIBUS PROXY. The information in this section concerning DTC and DTC's book -entry system has been obtained from sources the Commission and the County believe to be reliable, but the Commission and the County take no responsibility for the accuracy thereof E-3 #80327106 vl l Board of Commissioners - April 4, 2022 ITEM: 14- 4 - 36 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:4/4/2022 Regular DEPARTMENT: Planning PRESENTER(S): Ken Vafier, Planning Supervisor CONTACT(S): Ken Vafier; Rebekah Roth, Planning & Land Use Director SU BJ ECT: Public Hearing Rezoning Request (Z22-01) - Request by Cindee Wolf with Design Solutions, Applicant, on Behalf of Atlantic Coast Holdings, LLC, Property Owner, to Rezone Approximately 5 Acres of Land Located in the 6300 Block of Sidbury Road from R-15, Residential District to (CZD) B-2, Regional Business District, for a Mini-Warehouse/Self- Storage Facility BRIEF SUMMARY: The applicant is proposing to rezone approximately 5 acres of land located in the 6300 block of Sidbury Road from R- 15 to (CZD) B-2 in order to develop a mini-warehousing/self storage facility with recreational vehicle and boat storage. The proposed development consists of approximately 39,000 square feet of indoor self storage space and approximately 1 acre of outdoor recreational vehicle and boat storage. The buildings are proposed at one story with a maximum height of 25'. Access is proposed from Sidbury Road and will be subject to NCDOT Driveway Permitting regulations. Access to the interior of the site will be controlled by a gated -access point to ensure security for the storage facilities, and internal circulation will be controlled through one-way drive aisles. As currently zoned, it is estimated the site would generate about 13 trips during the peak hours if developed at the permitted density. The proposed use is anticipated to generate approximately 6 AM peak hour and 11 PM peak hour trips. The net change from the potential trip generation if the site were to be developed under the existing R-15 district shows a decrease of 7 AM peak hour trips and an approximate decrease of 2 PM peak hour trips. 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). Sidbury Road is one of the county's less densely developed corridors with limited commercial services to support nearby future residents. While the majority of this area was zoned for low density housing in the early 1970s, the 2016 Comprehensive Plan recommends a mixture of higher density housing and commercial uses along the corridor. While the plan provides general guidance for the encouraged future development pattern, it does not specifically address this type of use, and there is no small area plan to inform the desired location of neighborhood commercial nodes in this area. The site is directly adjacent to Sidbury Farms, an approved by -right residential development consisting of 758 residential units, and the site plan incorporates required landscaping and transitional buffers adjacent to residentially zoned properties. Previous requests for similar land uses have included conditions addressing limitations on height or spacing of boats and RVs from adjacent property lines, mitigation of site lighting, and fencing. The applicant has proposed conditions to address aesthetics, placement of unit doors fronting Sidbury Road, landscaping and buffering, and fencing. The development would have no impact on the school system. The proposed rezoning for this use is generally CONSISTENT with the Comprehensive Plan because it will allow for an appropriate use in the Community Mixed Use place type and would provide lower -intensity commercial services in a transitional area. Board of Commissioners - April 4, 2022 ITEM: 15 The Planning Board considered this application at their March 3, 2022 meeting. No one spoke in support of or in opposition to the request. The Planning Board recommended approval of the petition (6-0) with the five recommended conditions. The Planning Board found the application to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it will allow for an appropriate use in the Community Mixed Use place type. The Planning Board also found recommending APPROVAL of the rezoning request is reasonable and in the public interest because the site is located on a collector street near an approved subdivision and within a larger area identified for future growth. STRATEGIC PLAN ALIGNMENT: • Intelligent Growth & Economic Development 0 Encourage development of complete communities in the unincorporated county ■ Citizens have daily needs met by NHC businesses and support them RECOMMENDED MOTION AND REQUESTED ACTIONS: Based on the recommended uses for Community Mixed Use places as well as the context and compatibility with the immediate surrounding area, staff concurs with the Planning Board's recommendation and suggests the following motion with the applicant's proposed conditions: 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 it will allow for an appropriate use in the Community Mixed Use place type. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the site is located on a collector street near an approved subdivision and within a larger area identified for future growth. Proposed conditions: 1. No storage unit entry, other than normal ingress -egress doors to meet life -safety code, will be permitted along the wall facing Sidbury Road. 2. Architectural features, along with foundation landscaping, will be incorporated along the Sidbury Road building fagade to enhance the aesthetics of the streetscape. 3. Both the west and south boundaries of the tract will be buffered with an 8-foot high solid screening fence, along with required planting. 4. Hours of operation shall be from 6 AM to 10 PM. 5. There shall be no washing or maintenance of vehicles or boats in the outdoor storage area. 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 it will allow for an appropriate use in the Community Mixed Use place type, 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 land use will adversely impact the adjacent residential areas. Board of Commissioners - April 4, 2022 ITEM: 15 ATTACHMENTS: Z22-01 Script BOC Z22-01 Staff Report BOC Z22-01 Zoning Z22-01 Future Land Use Map Z22-01 Neighboring Properties Initial Application Coeer Sheet Z22-01 Application Concept Plan Co\er Sheet Z22-01 Site Plan Public Comments Coeer Sheet Sidbury Crossing Support Sidbury Farms Support Opposition COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval with 5 conditions as presented by staff. COMMISSIONERS' ACTIONS: Approved 5-0 with conditions as presented by staff. Board of Commissioners - April 4, 2022 ITEM: 15 BOARD OF COMMISSIONERS SCRIPT for Zoning Map Amendment Application (Z22-01) Request by Cindee Wolf with Design Solutions, applicant, on behalf of Atlantic Coast Holdings, LLC, property owner, to rezone approximately 5 acres of land located in the 6300 block of Sidbury Road from R-15, Residential District to (CZD) B-2, Regional Business District for a mini-warehouse/self- storage facility. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant's presentation and supporter comments (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. Applicant's rebuttal (up to 5 minutes) e. Opponent's rebuttal (up to 5 minutes) f. Staff review of any additional conditions 3. Close the public hearing 4. Board discussion 5. Before we proceed with the vote, I would like to invite the applicant to the podium. Based on the Board discussion and items presented during the public hearing, would you like withdraw your petition or proceed with a vote? 6. Vote on the application. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why approval or denial of the rezoning request is reasonable and in the public interest. Example Motion for Approval I move to APPROVE the proposed rezoning to a (CZD) B-2 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it will allow for an appropriate use in the Community Mixed Use place type. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the site is located on a collector street near an approved subdivision and within a larger area identified for future growth. Proposed Conditions: 1. No storage unit entry, other than normal ingress -egress doors to meet life -safety code, will be permitted along the wall facing Sidbury Road. 2. Architectural features, along with foundation landscaping, will be incorporated along the Sidbury Road building fa5ade to enhance the aesthetics of the streetscape. 3. Both the west and south boundaries of the tract will be buffered with an 8-foot high solid screening fence, along with required plantings. 4. Hours of operation shall be from 6 AM to 10 PM. 5. There shall be no washing or maintenance of vehicles or boats in the outdoor storage area. Board of Commissioners - April 4, 2022 ITEM: 15- 1 - 1 Example Motion for Denial I move to DENY 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 it will allow for an appropriate use in the Community Mixed Use place type. However, 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 land use will adversely impact the adjacent residential areas. Alternative Motion for Approval/Denial: I move to [Approve/Deny] of 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 - April 4, 2022 ITEM: 15- 1 - 2 STAFF REPORT FOR Z22-01 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z22-01 Request: Rezoning to a Conditional B-2 district Applicant: Property Owner(s): Cindee Wolf with Design Solutions Atlantic Coast Holdings, LLC Location: Acreage: 6300 Block of Sidbury Road 5 PID(s): Comp Plan Place Type: R01900-002-026-000 Community Mixed Use Existing Land Use: Proposed Land Use: Undeveloped Mini-Warehousing/Self-Storage Current Zoning: Proposed Zoning: R-15, Residential District (CZD) B-2, Regional Business District ZONING R-15 prNa�e Site Sidbury Rd.. New Hanov r-ounty, NC SURROUNDING AREA LAND USE ZONING North Undeveloped R-15 East Undeveloped R-15 Single -Family Residential under construction (Sidbury South Station) R-15 Single -Family Residential under construction (Sidbury West Station) R-15 Z22-01 Staff Report BOC 4.4.2022 Page 1 of 15 Board of Commissioners - April 4, 2022 ITEM: 15- 2 - 1 ZONING HISTORY July 7, 1972 Initially zoned R-15 (Area 8A) COMMUNITY SERVICES Water/Sewer water and sewer services are anticipated to be provided via CFPUA upon completion of utility line extensions. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Station Castle Hayne Schools Castle Hayne Elementary, Holly Shelter Middle, and Laney High Schools Recreation Northern Regional Park, Blue Clay Bike Park L CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Z22-01 Staff Report BOC 4.4.2022 Page 2 of 15 Board of Commissioners - April 4, 2022 ITEM: 15- 2 - 2 APPLICANT'S PROPOSED CONCEPTUAL PLAN • The applicant is proposing to rezone approximately 5 acres to (CZD) B-2 in order to construct a self -storage operation with recreational vehicle and boat storage. The proposed plan also incorporates required parking, internal circulation drives, required landscaping and buffering, and stormwater management. • The proposed development consists of 2 enclosed self -storage buildings on the parcel totaling approximately 39,000 square feet of space located on the northern portion of the parcel closest to Sidbury Road. The buildings are proposed at one story with a maximum height of 25'. • On the southern portion of the parcel, approximately 1 acre is proposed for recreational vehicle and boat storage. • Stormwater management is proposed to be located in the southeast area of the site. • A 20' wide transitional buffer with an 8' high fence is proposed along the east, west, and south boundaries of the project adjacent to Sidbury Station, a residential development currently under construction. Street -yard plantings meeting the UDO's design standards will be required along the Sidbury Road frontage. • Access is proposed from Sidbury Road and will be subject to NCDOT Driveway Permitting regulations. _ Ro od s w w S\dbX30 fna \ \n►e Ub�H.— Access .. _ Gote Nr=.... m Se{.Storage rF% • SF 21', e I a Se\{_Storag. �` Pccess �► i Stormwater - Gate ' Pond �, goat � �- Plea Stofoge .� i r' 1 Rn19yy �1. '� 7 7. Includes Staff Markups Z22-01 Staff Report BOC 4.4.2022 Page 3 of 15 Board of Commissioners - April 4, 2022 ITEM: 15- 2 - 3 ZONING CONSIDERATIONS • The R-15 district in this area was established in 1972. At the time, the purpose of the R-15 district was to ensure that housing served by private septic and well would be developed at low densities. Since that time, plans for the extension of water and sewer services have become more available to the surrounding area; however, it is still mostly zoned for low density housing. • Under the current R-15 zoning, a performance residential development could allow a maximum of 13 dwelling units on the 5-acre site at a density of 2.5 du/ac. • The purpose of the B-2, Regional Business 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. • The property is located along the Sidbury Road corridor, which is currently zoned predominantly R-15 and is developed with a low -density residential land use pattern with limited commercial uses supporting area residents. • The proposed site plan would be subject to technical review to ensure compliance with applicable County and State regulations, including applicable site design and approval provisions within the UDO. • Section 4.3.4 of the UDO does contain standards for this use which govern architectural materials, aesthetics, and the size, screening, and height limits within the outdoor storage area. Z22-01 Staff Report BOC 4.4.2022 Page 4 of 15 Board of Commissioners - April 4, 2022 ITEM: 15- 2 - 4 AREA SUBDIVISIONS UNDER DEVELOPMENT N Z22-01 Develo ment Total Units Built Remaini Sid bury•Station 758 0 758 Total 758 0 758 "Based on Building Permits and Aerial Photography— I 5ydburY VLa Sidbury Station 140 Z22-01 Staff Report BOC 4.4.2022 Page 5 of 15 Board of Commissioners - April 4, 2022 ITEM: 15- 2 - 5 TRANSPORTATION • Access is proposed to be provided to the property by Sidbury Road, an NCDOT-maintained collector street. • Access to the interior of the site will be controlled by a gated access point to ensure security for the storage facilities. Internal circulation will be controlled through one-way drive aisles. • As currently zoned, it is estimated the site would generate about 13 trips during the peak hours if developed at the permitted density. The proposed self -storage development would decrease the estimated number of peak hour trips by approximately 7 AM peak hour and 2 PM peak hour trips. Intensity Approx. Peak Hour Trips Existing Development: Undeveloped 0 AM / 0 PM Typical Development 13 SFR Units 13 AM / 13 PM under Current Zoning: Proposed 40K SF Self -Storage, 1 6 AM / 1 1 PM Development: acre RV/Boat Storage Estimated Net Change - - 7 AM / - 2 PM under Proposed B-2 Zoning: • The estimated traffic generated from the site is under the 100 peak hour threshold that triggers the ordinance requirement for a Traffic Impact Analysis (TIA). • Because a TIA is not required 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 ratio, based on average daily trips, can provide a general idea of the function of adjacent roadways, the delay vehicles take in seconds to pass through intersections is generally considered a more effective measure when determining the Level of Service of a roadway. NCDOT Averaae Annual Dailv Traffic (AADT) - 2019 Road Location Volume Capacity V/C 5400 block, approximately Sidbury Road 1.5 miles west of subject 3,300 11,000 0.30 site • 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 that may be required through the NCDOT Driveway permitting process. Z22-01 Staff Report BOC 4.4.2022 Page 6 of 15 Board of Commissioners - April 4, 2022 ITEM: 15- 2 - 6 Z22-01 Staff Report BOC 4.4.2022 Page 7 of 15 Board of Commissioners - April 4, 2022 ITEM: 15- 2 - 7 Nearby Planned Transportation Improvements and Traffic Impact Analyses Traffic Impact Analyses N Approved 1 Mile Radius i Z22-01 1 Sidbury Station TIA Approved STIP Project - STIP Project R-3300A Miles 0 0.23 0.45 Nearby NC STIP Projects: • STIP Project R-3300A (Hampstead Bypass) o Project to construct a new facility from 1-140 to NC Highway 210. Construction is anticipated to begin in late 2026. 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. Z22-01 Staff Report BOC 4.4.2022 Page 8 of 15 Board of Commissioners - April 4, 2022 ITEM: 15- 2 - 8 Proposed Development Land Use/Intensity TIA Status • Approved February 12, 2020 • Build Out Years: 1. Sidbury Station • 655 single-family dwellings o 2024 — 258 single-family 103 townhomes dwellings o 2029 — 421 single-family dwellings, 59 townhomes • 2034 — Full Build The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Installation of right and left turn lanes at the site's access points on Sidbury Road (Phase 1). • Installation of southbound right turn lane and westbound right turn lane, and extension of the westbound left turn lane and northbound right turn lane at the intersection of N. College and Blue Clay Road (Phase 2). • Installation of a roundabout at Sidbury Road and Blue Clay Road (Phase 2). • Installation of a southbound left turn lane at Dairy Farm Road and Sidbury Road (Full Build) Nearby Proposed Developments included within the TIA: • Scott's Hill Medical • Blake Farms • Scott's Hill Village • Cape Landing • Coastal Preparatory Academy Development Status: Construction of infrastructure is currently underway. ENVIRONMENTAL • The property does not contain any Special Flood Hazard Areas or Natural Heritage Areas. • The property is within the Island Creek watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class III (severe limitations for septic suitability). However, the site is expected to be served by CFPUA when developed. Z22-01 Staff Report BOC 4.4.2022 Page 9 of 15 Board of Commissioners - April 4, 2022 ITEM: 15- 2 - 9 OTHER CONSIDERATIONS REPRESENTATIVE DEVELOPMENTS Representative Developments of R-15: Page's Corner Clay Crossing Z22-01 Staff Report BOC 4.4.2022 Page 10 of 15 Board of Commissioners - April 4, 2022 ITEM: 15- 2 - 10 Representative Developments of Similar Uses: All Seasons Storage in Monkey Junction Z22-01 Staff Report BOC 4.4.2022 Page 11 of 15 Board of Commissioners - April 4, 2022 ITEM: 15- 2 - 11 Context and Compatibility • The property is located along Sidbury Road, which is identified as a Minor Collector on the WMPO Functional Classification Map. Sidbury Road is one of the county's less densely developed corridors with limited commercial services to support future residents. • While the majority of this area was zoned for low density housing in the early 1970s, the 2016 Comprehensive Plan recommends a mixture higher density housing and commercial uses along the Sidbury Road corridor. While the plan provides general guidance for the encouraged future development pattern, it does not specifically address this type of use, and there is no small area plan to inform the desired location of neighborhood commercial nodes in this area. • Cape Fear Moving Forward: 2045, the WMPO's current Metropolitan Transportation Plan, includes a modernization project to bring Sidbury Road to current design standards. This is programmed to include widening the current travel lanes to 12' with the installation of a 10' multi -use path. • The site is directly adjacent to Sidbury Station, an approved by -right residential development consisting of 758 residential units. • This use would be considered a transitional use at this location. • The site plan incorporates required landscaping and transitional buffers adjacent to residentially zoned properties. Previous requests for similar land uses have included conditions addressing limitations on height or spacing of boats and RV's from adjacent property lines, mitigation of site lighting, and fencing. The applicant has proposed conditions to address aesthetics, placement of unit doors fronting Sidbury Road, landscaping and buffering, and fencing. In addition, the Planning Board recommended additional conditions addressing hours of operation and washing/maintenance of vehicles within the recreational vehicle and boat storage area. • The development would have no impact on the school system. 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. Z22-01 Staff Report BOC 4.4.2022 Page 12 of 15 Board of Commissioners - April 4, 2022 ITEM: 15- 2 - 12 Future Land Use Community Mixed Use Map Place Type Focuses on small-scale, compact, mixed use development patterns that serve Place Type all modes of travel and act as an attractor for county residents and visitors. Description Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi -family and single-family residential. The subject property is located in a transitional area along Sidbury Road where there are currently limited commercial services for nearby residential units, though approximately 758 residential units have been approved within a mile of the project vicinity. The Comprehensive Plan classifies properties within the general area from 1-140 north to Holly Shelter Road largely as Community Mixed Use. It is the intent of the plan to allow a land use pattern with commercial services and moderate density residential development within this area of the county, but the plan does not specify the exact location of future commercial nodes in this area. While this use is not specifically addressed in the Comprehensive Plan, the subject site's location adjacent to a large residential subdivision and in an area of anticipated growth would provide a service to nearby future residents. In addition, the proposal could provide a transition to a land use pattern with additional commercial services available. The proposed project can provide lower -intensity commercial services for nearby residents as well as commuters since Sidbury Road is a collector road linking the Northchase, Castle Hayne, and Wrightsboro areas to the west with US Highway 17 and area waterways and commercial nodes to the east. The proposed facility is generally CONSISTENT with the 2016 Consistency Comprehensive Plan because it will allow for an appropriate use in the Recommendation Community Mixed Use place type and would provide lower - intensity commercial services in a transitional area. Z22-01 Staff Report BOC 4.4.2022 Page 13 of 15 Board of Commissioners - April 4, 2022 ITEM: 15- 2 - 13 PLANNING BOARD MEETING The Planning Board considered this application at their March 3, 2022 meeting. No one spoke in support of or in opposition to the request. The Planning Board recommended approval of the petition (6-0). The Planning Board found the application to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it will allow for an appropriate use in the Community Mixed Use place type. The Planning Board also found recommending APPROVAL of the rezoning request is reasonable and in the public interest because the site is located on a collector street near an approved subdivision and within a larger area identified for future growth. The Board recommended the following conditions: Proposed conditions: 1. No storage unit entry, other than normal ingress -egress doors to meet life -safety code, will be permitted along the wall facing Sidbury Road. 2. Architectural features, along with foundation landscaping, will be incorporated along the Sidbury Road building fagade to enhance the aesthetics of the streetsca pe. 3. Both the west and south boundaries of the tract will be buffered with an 8-foot high solid screening fence, along with required plantings. 4. Hours of operation shall be from 6 AM to 10 PM. 5. There shall be no washing or maintenance of vehicles or boats in the outdoor storage area. Z22-01 Staff Report BOC 4.4.2022 Page 14 of 15 Board of Commissioners - April 4, 2022 ITEM: 15- 2 - 14 STAFF RECOMMENDATION Based on the recommended uses for Community Mixed Use places as well as the context and compatibility with the immediate surrounding area, staff concurs with the Planning Board's recommendation and suggests the following motion with the applicant's proposed conditions: 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 it will allow for an appropriate use in the Community Mixed Use place type. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the site is located on a collector street near an approved subdivision and within a larger area identified for future growth. Proposed conditions: 1. No storage unit entry, other than normal ingress -egress doors to meet life -safety code, will be permitted along the wall facing Sidbury Road. 2. Architectural features, along with foundation landscaping, will be incorporated along the Sidbury Road building facade to enhance the aesthetics of the streetsca pe. 3. Both the west and south boundaries of the tract will be buffered with an 8-foot high solid screening fence, along with required plantings. 4. Hours of operation shall be from 6 AM to 10 PM. 5. There shall be no washing or maintenance of vehicles or boats in the outdoor storage area. 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 it will allow for an appropriate use in the Community Mixed Use place type, 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 land use will adversely impact the adjacent residential areas. Z22-01 Staff Report BOC 4.4.2022 Page 15 of 15 Board of Commissioners - April 4, 2022 ITEM: 15- 2 - 15 y ra +s I p r ¥I Q4 .. k MM�'tNx �1 �,, ,'�fiY�a a•. � A+ y � 'a ,< �� �.ya ¢ u�.n�t ti- + ` � f: a�4q�r�.� r4�► a i�.* sa'h"Y #�o�t p„� 4 *t���y�R,; vm r �t ;7:� i��' 3 k ry w�N �''• w g, .a rsv..�h •� a a b p y�,, iXlI/ ."..li i' .a .5.. � ,aLV -o! 'U MI&.4' .r1nJs KAU Case. Site Address: Z22-01 6300 Block of Sidbury Road Subject Site Existing Zoning/Use: :ommun Mi Board of Commissioners - April 4, 2022 ITEM: 15- 4 - 1 Proposed Zoning/Use: CZD B-2 Place Types r Jk COMMERCE ZONE EMPLOYMENT CENTER GENERAL RESIDENTIAL URBAN MIXED USE COMMUNITY MIXED USE RURAL RESIDENTIAL CONSERVATION ,cam- .;{ � - .'"E '" =` a .r. rt'. _..^y, ,..� . ... � � ; a' ,, ` ��, � _ � f ' �,. :'� .. � .... , C y'" :j t�� .._< . Initial Application Documents & Materials Board of Commissioners - April 4, 2022 ITEM: 15- 6 - 1 NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 1 10 Wilmington, North Carolina 28403 Telephone (910) 798-7165 FAX (9 7 0) 798-7053 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) Cindee Wolf Atlantic Coast Holdings, L.L.C. Company Company/Owner Name 2 Design Solutions Address Address P.O. Box 7221 205 Gazebo Court City, State, Zip City, State, Zip Wilmington, NC 28406 Wilmington, NC 28409 Phone Phone 910-620-2374 910-452-5133 (Contact: Daniel McIntyre) Email Email cwolf@lobodemar.biz danielmcintyrenc@gmail.com Board of Commissioners - April 4, 2022 Page 1 of 6 ITEM: 15- 7-Clonditional Zoning District Application — Updated 05-2021 2. Subject Property Information Address/Location Parcel Identification Number(s) 6300 Block of Sidbury Road 325103.04.2328 / R01900-002-026-000 Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification 5.00 Ac.+/- R-15 Community Mixed -Use 3. Proposed Zoning, Use(s), & Narrative Proposed Conditional Zoning District: (CZD) B-2 Total Acreage of Proposed District: 5.00 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 proposed project is to develop a self -storage facility with both enclosed storage units and an exterior area for storage of boat trailers & recreational vehicles. 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. No storage unit entry, other than normal ingress -egress doors to meet life -safety code, will be permitted along the wall facing Sidbury Road. Architectural features, along with foundation landscaping, will be incorporated along the Sidbury Road building facade to enhance the aesthetics of the streetscape. Both the West & South boundaries of the tract will be buffered with an 8-foot high solid screening fence, along with required planting. Board of Commissioners - April 4, 2022 Page 2 of 6 ITEM: 15- 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: Mini -Warehousing (151) / 38,600+/- s.f. Interior Storage + 60-70+/- spaces Trip Generation Use and Variable (gross floor area, dwelling units, etc.) per 1000 sqft + per space AM Peak Hour Trips: 5 + 1 = 6 I PM Peak Hour Trips: 10 + 1 = 11 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 attract new business. Sustainability of the County depends on sensible in -fill and maximizing use of lands. The proposed development will provide a location -efficient service to the residential development occuring in this area of the County. Board of Commissioners - April 4, 2022 Page 3 of 6 ITEM: 15- 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. The Comprehensive Land Use Plan identifies the subject tract as being in a "Community Mixed -Use" place -type. A variety of uses, including commercial services, are appropriate. There are already an extensive residential development and a large apartment complex, approved within two (2) miles of the site. The desire for having self -storage facilities within a three-mile range of one's home has become an industry standard. 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? Sidbury Road is an arterial roadway that will ultimately support vehicular circulation for a large number residential developments envisioned for this area. The developer of the adjacent residential development has not yet begun home construction, but has voiced support for this kind of business service to be a positive aspect for their future real estate marketing efforts. Board of Commissioners - April 4, 2022 Page 4 of 6 ITEM: 15- 7-(4onditional 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 ❑ This application form, completed and signed Application fee: Applicant Initial CAW ❑ • $600 for 5 acres or less • $700 for more than 5 acres • $300 in addition to base fee for applications requiring TRC review CAW ❑ Community meeting written summary CAW ❑ Traffic impact analysis (if applicable) NSA ❑ Legal description (by metes and bounds) or recorded survey Map Book and Page Reference of the property requested for rezoning CAW Conceptual Plan including the following minimum elements: ❑ Tract boundaries and total area, location of adjoining parcels and roads • Proposed use of land, building areas and other improvements o For residential uses, include the maximum number, height, and type of units; area to be occupied by the structures; and/or proposed subdivision boundaries. o For non-residential uses, include the maximum square footage and height of each structure, an outline of the area structures will occupy, and the specific purposes for which the structures will be used. • Proposed transportation and parking improvements; including proposed rights -of -way and roadways; proposed access to and from the subject site; arrangement and access provisions for parking areas. • All existing and proposed easements, required setbacks, rights -of -way, and buffers. • The location of Special Flood Hazard Areas. • A narrative of the existing vegetation on the subject site including the approximate location, species, and size (DBH) of regulated trees. For site less than 5 acres, the exact location, species, and sized (DBH) of specimen trees must be included. • Approximate location and type of stormwater management facilities intended to serve the site. • Approximate location of regulated wetlands. • Any additional conditions and requirements that represent greater restrictions on development and use of the tract than the corresponding general use district regulations or additional limitations on land that may be regulated by state law or local ordinance CAW ❑ 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. CAW ❑ One (1) digital PDF copy of ALL documents AND plans CAW Board of Commissioners - April 4, 2022 Page 5 of 6 ITEM: 15- 7-&nditional 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 opplicant/agent as listed on this application to represent me and make decisions on my behalf regarding this application during the review process. The applicant/agent is hereby authorized on my behalf to: R 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 applicatioT,, and of consent 15-3in-)7�hnd all conditions of approval. Daniel McIntyre - Managing Member/ Print Name(s) Atlantic Coast Holdings, LLC Cynthia Wolf - Design Solutions Signature of Applicant/Agent I 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 colendared for the next meeting and no fee will be required. if delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and ore under no obligation to grout 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 - 6VS A-o4?2oning District Application — Updated 05-2021 ITEM: 15- 7 - 6 0 10 P PO �.'A 7 —BRA 4KDA•L-E- Ry cupR•'ropIUE— 4� Board of Commissioners - April 4, 2022 2 RBC #100 NC GRID NAD83/2011 N 214630.27 GRID E 2350205.43 GRID 4-z --- t TRACT 3 r r r r r r i� r S72029'13"E 64.96 ,� f 1" PINCH TOP PIPE FOUND NC GRID NAD6312011 N 214610.72 E 2350267.3E r 217,971 SO. FT. 5.00 ACRES r r 5�'a1 1j57'�95`tG��`~ N�5° '41 - '~ p NIF N.75 �1 N r ggi• -- a RMP SIDBURY ROAD LLC DEED BOOK 5617 PAGE 442 MAP BOOK 20 PAGE 89 — s � r 9��� ¢1yGG 1t1C • fi a .- 48S?A P it -IQ S14024'04"E 0� 535i 59.46' S08002'46"E 70.84' S02044'46"W 49.98' S06004'30"W 70.00' S83°56'16'E 393.34' S�5°5ik0 Oj SSG°S �34r�F 1" PINCH TOP PIPE FOUND Legal Description for Conditional Zoning District Petition 6300 Block of Sidbury Road Beginning at a point in the southern boundary of Sidbury Road (S.R. 1336), a 100' public right- of-way; said point being located at the northern -most corner of "Tract 3 — Sidbury Station," a division recorded among the land records of the New Hanover County Registry in Map Book 69, at Page 154; and running thence from the point of beginning: South 56151'13" East, 558.02 feet to a point; thence South 75051'40" West, 720.27 feet to a point; thence North 14018'55" West, 410.00 feet to a point in the southern boundary of Sidbury Road; thence with that right-of-way, North 75051'40" East, 343.00 feet to the point and place of beginning, containing 217,971 square feet, or 5.00 acres, more or less. Board of Commissioners - April 4, 2022 ITEM: 15- 7 - 10 /a SIDBURY FARMS - PHASE 1 NEW HANOVER COUNTY, NC I _ "OBURY0•d� • •••• •••• ice••• ON k....... 0000000,--- MAY 271 2020 TRC SUBMITTAL PHASE 1 PROJECT BOUNDARY' (CAS FUTURE PHASE 21 Lill PAJ L i Board of CommissioneAaNITYoMAP ITEM: 15- 7 - 11 r=soo, REPORT OF COMMUNITY MEETING REQUIRED BY NEW HANOVER COUNTY ZONING ORIDINANCE FOR CONDITIONAL DISTRICT REZONINGS Project Name: 6300 Block of Sidbury Road Proposed Zoning: R-15 to CZD / B-2 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 December 20, 2021 . A copy of that written notice and site layout are also attached. The meeting was held at the following time and place: Thursday, December 30t" 6:00 p.m.; at the office of Design Solutions, 107 Stokley Drive, Unit 104, Wilmington, 28403. The persons in attendance at the meeting were: Reference attached sign -in list The following issues were discussed at the meeting: N/A - No one attended. As a result of the meeting, the following changes were made to the petition: None Date: Applicant: By: December 31, 2021 Design Solutions Cindee Wolf Board ot Uommissioners - April ITEM: 15- 7 - 12 Community Information Meeting Sidbury Storage Date: December 31, 2021 Name Address Email (Optional) Cindee Wolf Project Planner cwolf@lobodemar.biz Board of Commissioners - April 4, 2022 ITEM: 15- 7 - 13 ADJACENT PROPERTY OWNERS WITHIN A 500' PERIMETER OF SUBJECT TRACT: OWNER ATLANTIC COAST HOLDINGS, LLC CORBETT PACKAGE CO SIDBURY LAND & TIMBER RMP SIDBURY ROAD, LLC RMP SIDBURY ROAD, LLC ADDRESS 205 GAZEBO CT PO BOX 210 PO BOX 3649 1401 CENTRAL AVE, STE 200D 1401 CENTRAL AVE, STE 200D CITY / STATE / ZIP WILMINGTON, NC 28409 WILMINGTON, NC 28402 WILMINGTON, NC 28406 CHARLOTTE, NC 28205 CHARLOTTE, NC 28205 PIN 325103.04.2328 325103.33.2367 325101.07.9394 325103.13.5011 324104.73.0098 PID R01900-002-026-000 R01900-002-003-000 R01200-002-003-000 R01900-002-009-000 R01900-002-004-000 Board of Commissioners - April 4, 2022 ITEM: 15- 7 - 14 Design. Soiutio s December 20, 2021 To: Adjacent Property Owners From: Cindee Wolf Re: Sidbury Self -Storage The Owner of the tract shown in the exhibit, a parcel on Sidbury Road approximately 2 miles East of the 1-40 overpass, is interested in developing a self-service storage facility. The land is within the proximity of your property. The development proposal would require a Conditional Zoning District approval from New Hanover County. A Conditional Zoning District allows particular uses to be established only in accordance with specific standards & conditions pertaining to each individual development project. Essentially, this means that only the use, structures & layout of an approved proposal can be developed. An exhibit of the project is enclosed. The County requires that the developer hold a meeting for all property owners within 500 feet of the tract boundary, and any other interested parties. This provides neighbors with an opportunity for explanation of the proposal and for questions to be answered concerning project improvements, benefits and impacts. A meeting will be held on Thursday, December 30t", 6:00 p.m., at the office of Design Solutions, 107 Stokley Drive, Unit 104, Wilmington, 28403. If you cannot attend, you are welcome to contact me at telephone # 910-620-2374, or email cwolf@lobodemar.biz with comments and/or questions. We appreciate your interest in the project, and look forward to being a good neighbor and an asset to the community. Board of Commissioners - April 4, 2022 ITEM: 15- 7 - 15 6 it r '�, ` .• +!' lei`" �w do V✓ - ,s ,ti. �� 'gam � _ �ir. c w. V- . .' � _ ���� ■ice:■���� '. l --qwpm� GO- P m �� Concept Plan Board of Commissioners - April 4, 2022 ITEM: 15- 8 - 1 ITEM: 15- 9 - 1 Public Comments In Support 2 Neutral X In Opposition 1 Board of Commissioners - April 4, 2022 ITEM: 15- 10 - 1 moiWobodemar.biz From: David Vannoy <davidvannoy@hufffamilyoffice.com> Sent: Friday, January 28, 2022 12:03 PM To: danielmcintyrenc@gmail.com Cc: Cindee Wolf, Ralph Huff Subject: Sidbury Road Parcel Rezoning Support Letter Importance: High Mr. McIntyre: We are owners of the parcel of land located at the junction of Sidbury Road and Dairy Farm Road in New Hanover County, NC, on which we will be building a 288-unit apartment project known as "Sidbury Crossing." We understand you wish to rezone your nearby 5-acre parcel of land to construct a mini -storage facility. This purpose of this email is to express our full support for the rezoning request. We believe your planned use for the property will be very beneficial to our future apartment residents and the surrounding community. Thank you, David Vannoy T RF President �"� Family Office 2919 Breezewood Avenue Suite 100 Fayetteville, NC 28303 Mobile 910-824-1357 Fax 910-213-3012 Email DavidVannoy@HuffFamilyOffice.com 1 Board of Commissioners - April 4, 2022 ITEM: 15- 11 - 1 D-R-HORMN Awere;ro�o 4-�� February 2nd,2022 To Whom it May Concern: D.R. Horton is currently in the process of building the 758 home Sidbury Station community on Sidbury Road. As part of this deal we are working with Cape Fear Public Utility Authority to extend water and sewer mains two miles to our site location from the intersection of College Rd. It is our understanding based on talks with WMPQ and New Hanover County that there is an extensive long-term plan for the Sidbury corridor. We believe that the rezoning of Mr. McIntyre's 5-acre parcel adjacent to our site to allow for mini -storage will not only benefit our homeowners, but also the future residents and businesses that are sure to be moving there in the coming months and years. Additionally, based on my past personal and professional dealings with Mr. McIntyre, I believe he will strive to deliver on all obligations to the surrounding community associated with his project. Sincerely, Ian E. Flannery Land Development Manager 131 Racine Dr., Ste. 201 Wilmington, NC 28403 1EFlannery(a?DRHorton.com Board of Commissioners - April 4, 2022 ITEM: 15- 12 - 1 Vafier, Ken From: David Linebarier <melinda.linebarier@yahoo.com> Sent: Tuesday, March 01, 2022 5:13 PM To: Vafier, Ken Subject: Z22-01 Sidbury Rd rezoning ** External Email: Do not click links, open attachments, or reply until you know it is safe ** To Whom it may concern; I, along with others, vehemently object to any further rezoning on Sidbury Rd. I'm sure you want to preserve some ecological integrity in New Hanover county for the well being of all life. It is destroying the buffer zone which all know causes more problems. Thank you for your consideration, Melinda Ray Linebarier 4280 Buck Drive Castle Hayne, NC 1 Board of Commissioners - April 4, 2022 ITEM: 15- 13 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:4/4/2022 Regular DEPARTMENT: Planning PRESENTER(S): Zach Dickerson, Current Planner CONTACT(S): Zach Dickerson; Rebekah Roth, Planning & Land Use Department SU BJ ECT: Public Hearing Rezoning Request (Z22-02) - Request by Cindee Wolf with Design Solutions, Applicant, on Behalf of Wilmington Realtors Foundation, Barry Dean Cribb, and Polly Greene Cribb, Property Owners, to Rezone Approximately 6.13 Acres of Land Located at 6221-6229 Carolina Beach Road from R-15, Residential District, to (CZD) R-5, Residential District BRIEF SUMMARY: The applicant is proposing to rezone 6.13 acres to (CZD) R-5 in order to construct a 48-unit townhome development. The proposed plan also incorporates associated parking, bay garages and stormwater management. The proposed development consists of 48 units on the parcels, which are bounded to the west by Carolina Beach Road, south of the Monkey Junction area. The proposed site is directly east of Beau Rivage Drive. Building heights are proposed at a maximum of two stories. The southeast portion of the development will contain open space and the stormwater pond on approximately 1.8 acres. The R-15 district in this area was established in 1971. At the time, the purpose of the R-15 district was to ensure that housing served by private septic and well would be developed at low densities. Since that time, extension of water and sewer services have become more available to the surrounding area. The purpose of the R-5, Residential Moderate -High Density District is to provide lands that accommodate moderate to high density residential development on smaller lots with a compact and walkable development pattern. The R-5 district allows a range of housing types and can be developed in conjunction with a non-residential district to create a vertical mixed -use development pattern as well as serve as a transition between mixed -use or commercial development and low to moderate density residential development. The project is proposed to meet the price criteria for workforce housing in the 81-120% Average Median Income (AMI) range defined for for -sale residences. Restrictive covenants will be created to assure owner occupancy and restrict investment or short-term rental, such as Airbnb. According to the applicant, these covenants will be in place for a minimum of 15 years. U nder the current R-15 zoning, the acreage (6.13 ac) of this property would permit 15 single-family homes at a density of 2.5 units per acre. The proposed 48-unit development equates to a density of 8 units per acre. The net change from the potential trip generation if the site were to be developed under the existing R-15 district to Board of Commissioners - April 4, 2022 ITEM: 16 the proposed (CZD) R-5 district shows an approximate increase of 11 AM peak hour trips and an approximate increase of12 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. The estimated traffic generated from the site is under the 100 peak hour threshold that triggers the ordinance requirement for a Traffic Impact Analysis (T I A). Based on the current general student generation rate, the increase in homes would result in approximately 11 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. The Comprehensive Plan classifies the property as Community Mixed Use, which promotes development of small- scale, mixed -use developments. The place type is common for areas along highway corridors. This place type assignment is intended to support more density near major roads with a transition to lower densities adjacent to existing lower intensity residential neighborhoods. The proposed rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because the project provides for the type of housing diversity that is recommended in the Community Mixed Use place type. The 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. The Planning Board considered this application at their March 3, 2022 meeting. The Board recommended APPROVAL (6-0) of the request with the following condition: 1. The project is proposed to meet the price criteria for workforce housing in the 81-120% Area Median Income (AMI) range as defined by the US Department of Housing and Urban Development, adjusted for household size. Restrictive covenants will be created to assure owner occupancy and restrict investment or short-term rental. 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 Community Mixed Use place type and the residential densities are in -line with those recommended for the property. The board also found recommending APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would benefit the community by providing a range of housing types and opportunities for households of different sizes and income levels. 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: Board of Commissioners - April 4, 2022 ITEM: 16 Because the proposed rezoning is generally consistent with the Comprehensive Plan and would provide for the types and mixture of uses recommended in the Community Mixed Use place type and the residential densities are in line with those recommended for the property, staff concurs with the Planning Board's recommendation of approval of this application and suggests the following motion with the applicant's proposed condition: I move to recommend APPROVAL of the proposed rezoning to a (CZD) R-5 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 Community Mixed Use place type and the residential densities are in line with those recommended for the property. I also find recommending APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would benefit the community by providing a range of housing types and opportunities for households of different sizes and income levels. Applicant's proposed condition: 1. The project is proposed to meet the price criteria for workforce housing in the 81-120% Area Median Income (AMI) as range defined for for -sale residences. Restrictive covenants will be created to assure owner occupancy and restrict investment or short-term rental. Alternative Motion for Denial I move to recommend DENIAL of the proposed rezoning to a (CZD) R-5 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 Community Mixed Use place type and the residential densities are in line with those recommended for the property, 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 density will adversely impact the adjacent neighborhoods. ATTACHMENTS: Z22-02 Script BOC Z22-02 Staff Report BOC Z22-02 Zoning Z22-02 FLUM Z22-02 Mail Out Map Initial Application Corer Sheet Z22-02 Application Concept Plan Co\er Sheet Z22-02 Site Plan COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval with 1 condition as presented by staff. COMMISSIONERS' ACTIONS: Vice -Chair Hays was recused 4-0. Approved 4-0 with one condition as presented by staff. Board of Commissioners - April 4, 2022 ITEM: 16 BOARD OF COMMISSIONERS SCRIPT for Zoning Map Amendment Application (Z22-02) Request by Cindee Wolf with Design Solutions, applicant, on behalf of Wilmington Realtors Foundation, Barry Dean Cribb, and Polly Greene Cribb, property owners, to rezone approximately 6.13 acres of land located at 6221-6229 Carolina Beach Road from R-15, Residential District, to (CZD) R-5, Conditional Zoning Residential District for a 48-unit townhome 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 and supporter comments (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. Applicant's rebuttal (up to 5 minutes) e. Opponent's rebuttal (up to 5 minutes) f. Staff review of any additional conditions 3. Close the public hearing 4. Board discussion 5. Before we proceed with the vote, I would like to invite the applicant to the podium. Based on the Board discussion and items presented during the public hearing, would you like withdraw your petition or proceed with a vote? 6. Vote on the application. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why approval or denial of the rezoning request is reasonable and in the public interest. Example Motion for Approval I move to APPROVE the proposed rezoning to a Conditional R-5 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 Community 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 a range of housing types and opportunities for households of different sizes and income levels. Proposed Conditions: 1. The project is proposed to meet the price criteria for workforce housing in the 81 -1 20% Area Median Income (AMI) range as defined by the US Department of Housing and Urban Development, adjusted for household size. Restrictive covenants will be created to assure owner occupancy and restrict investment or short-term rental. Board of Commissioners - April 4, 2022 ITEM: 16- 1 - 1 Example Motion for Denial I move to DENY the proposed rezoning to a Conditional R-5 District. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it would allow for the types of commercial uses that would be encouraged in the Community Mixed Use place type. I also 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 intensity will adversely impact the adjacent neighborhoods. Alternative Motion for Approval/Denial: I move to [Approve/Deny] of 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 recommending [Approve/Deny] of the rezoning request is reasonable and in the public interest because [insert reasons] Board of Commissioners - April 4, 2022 ITEM: 16- 1 - 2 STAFF REPORT FOR Z22-02 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z22-02 Request: Rezone 6.13 acres to (CZD) R-5, Residential District Applicant: Property Owner(s): Cindee Wolf Wilmington Realtors Foundation; Barry Dean Cribb & Polly Greene Cribb Location: Acreage: 6221-6229 Carolina Beach Rd 6.13 PID(s): Comp Plan Place Type: R07900-003-009-000, R07900-003-010- 000, R07900-003-01 0-00 1, R07900-003- Community Mixed Use 010-002, R07900-003-01 1-000 Existing Land Use: Proposed Land Use: Residential Residential Current Zoning: Proposed Zoning: R-15, Residential Zoning (CZD) R-5, Residential Zoning Carolina SURROUNDING AREA LAND USE ZONING North Residential R-15 East Residential R-15 South Residential R-15 West Carolina Beach Rd & across CB Rd., High -Density Attached Residential R-15 Z22-02 Staff Report BOC 4-4-2022 Page 1 of 20 Board of Commissioners - April 4, 2022 ITEM: 16- 2 - 1 AERIAL ►' +��- _� z ���y ; QL IR �J- , wy i '� �+ l t ,�.+ -: � F . ill ���• ! '� - 41 T - Y • 0.0 .�. : "' • r 'R 4j, s Z22-02 Ni nov#0; iit IVCT ZONING HISTORY April 7, 1971 Initially zoned R-15 (Area 4) COMMUNITY SERVICES Water and sewer services are not currently available through CFPUA, but Water/Sewer the developer is working on a concept plan with CFPUA to link into the current system. 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 Z22-02 Staff Report BOC 4-4-2022 Page 2 of 20 Board of Commissioners - April 4, 2022 ITEM: 16- 2 - 2 APPLICANT'S PROPOSED CONCEPTUAL PLAN • The applicant is proposing to rezone 6.13 acres to (CZD) R-5 in order to construct a 48-unit townhome development. The proposed plan also incorporates associated parking and bay garages, and stormwater management. • The proposed development consists of 48 units on the parcels, which are bounded to the west by Carolina Beach Road, south of the Monkey Junction area. The proposed site is directly east of Beau Rivage Drive. Building heights are proposed at a maximum of two stories. • The southeast portion of the development will contain open space and the stormwater pond on approximately 1.8 acres. • A 10' wide fenced buffer is proposed along the north and south boundaries of the project adjacent to property zoned or developed as R-15, Residential Districts, meeting requirements of the UDO. A 20' buffer is proposed along the east boundary of the project adjacent to property zoned as R-1 5. Stormwater Pond Carolina VBeach Roads TG� Proposed Site Plan with Staff Markups • Each townhome features a garage and a driveway accommodating two additional vehicles. • Access is proposed via one point off Carolina Beach Road which will allow right-in/right- out movements. A proposed left -over from southbound Carolina Beach Road will provide access from this movement to the northern access point to the site. • The primary road of the development is a 24' dead-end private road terminating in a hammerhead. There is a proposed sidewalk along the north side of the road. Z22-02 Staff Report BOC 4-4-2022 Page 3 of 20 Board of Commissioners - April 4, 2022 ITEM: 16- 2 - 3 ZONING CONSIDERATIONS • The R-15 district in this area was established in 1971. At the time, the purpose of the R-15 district was to ensure that housing served by private septic and well would be developed at low densities. Since that time, water and sewer services have become more available to the surrounding area. • The purpose of the R-5, Residential Moderate -High Density District is to provide lands that accommodate moderate to high density residential development on smaller lots with a compact and walkable development pattern. The R-5 district allows a range of housing types and can be developed in conjunction with a non-residential district to create a vertical mixed -use development pattern as well as serve as a transition between mixed -use or commercial development and low to moderate density residential development. • Under the current R-15 zoning, a performance residential development could allow a maximum of 15 dwelling units on the 6.13 acre site at a density of 2.5 du/acre. • The proposed 48-unit development equates to a density of 8 units per acre. The R-5 district allows up to 8 units per acre by right. • The project is intended to meet the price criteria for workforce housing in the 81 -1 20% Area Median Income (AMI) range as defined by the US Department of Housing and Urban Development, adjusted for household size. Restrictive covenants will be created to assure owner occupancy and restrict investment or short-term rental. Z22-02 Staff Report BOC 4-4-2022 Page 4 of 20 Board of Commissioners - April 4, 2022 ITEM: 16- 2 - 4 Z22-02 Staff Report BOC 4-4-2022 Page 5 of 20 Board of Commissioners - April 4, 2022 ITEM: 16- 2 - 5 TRANSPORTATION • The site will be accessed by one access point on Carolina Beach Road which will be restricted to right-in/right-out movements. Site Access y Site 0. 1 Primary Access Secondary Access Z22-02 Staff Report BOC 4-4-2022 Page 6 of 20 Board of Commissioners - April 4, 2022 ITEM: 16- 2 - 6 • A typical R-15 Development on this acreage would generate 1 1 AM and 15 PM trips. The property as currently developed generates 1 AM and 1 PM trip. • The project proposal estimates a trip generation of 22 AM and 27 PM peak hour trips. Because the proposed development will not generate more than 100 peak hour trips, a Traffic Impact Analysis (TIA) is not required. • The net change from the potential trip generation if the site were to be developed under the existing R-15 district to the proposed (CZD) R-5 district shows an approximate increase of 11 AM peak hour trips and an approximate increase of 12 PM peak hour trips. Estimated Trip Generation Intensity Approx. Peak Hour Trips Existing Development: Residential (4 single 1 AM / 1 PM family dwellings) Typical Development Maximum 15 single 1 1 AM / 15 PM under Current Zoning: family dwellings Proposed Development: 48 townhome units 22 AM / 27 PM Estimated Net Change - + 1 1 AM / + 12 PM under Proposed (CZD) RMF-M Zoning: • 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) • As there is not a specific development proposal at this time to analyze traffic impacts for, staff has provided the volume to capacity ratio for roadways in the vicinity of the subject site. While volume to capacity ratio, based on average daily trips, can provide a general idea of the function of adjacent roadways, the delay vehicles take in seconds to pass through intersections is generally considered a more effective measure when determining the Level of Service of a roadway. NCDOT Averaqe Annual Dailv Traffic (ADT) - 2019 Road Location olume ICapacity /C Carolina Beach Road 6221-6229 Carolina Beach Road 135,500 JAADT 11368 86 Z22-02 Staff Report BOC 4-4-2022 Page 7 of 20 Board of Commissioners - April 4, 2022 ITEM: 16- 2 - 7 Nearbv Traffic Impact Analvses: 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 Land Use/Intensity TIA Status Development • 4,500 square feet of drive- thru bank • 3,500 square feet of fast 1. Beau food drive thru • Approved December 28 2016 pp 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. Z22-02 Staff Report BOC 4-4-2022 Page 9 of 20 Board of Commissioners - April 4, 2022 ITEM: 16- 2 - 9 2. Watermark • 340 multi -family apartments • Approved December 22, 2021 Apartments • 2023 Build Out Date The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Install traffic signal at the Southbound to Northbound U-Turn at S Ridge Blvd • Construct the eastbound approach with one ingress lane and one egress lane to allow for a left-in/right-in/right-out configuration • Construct an exclusive northbound left turn lane with 200 feet of full width storage, 50 feet of deceleration and 200 feet of taper. Nearby Proposed Developments included within the TIA: • Tarin Woods • River Lights Development Status: The rezoning application for this project was denied at the February 7, 2022 Board of Commissioners' Meeting. 3. 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. Z22-02 Staff Report BOC 4-4-2022 Page 10 of 20 Board of Commissioners - April 4, 2022 ITEM: 16- 2 - 10 4. 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. 5. 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: Improvements are complete. Z22-02 Staff Report BOC 4-4-2022 Page 11 of 20 Board of Commissioners - April 4, 2022 ITEM: 16- 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 & III. Class III indicates severe limitation. 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. • Based on the current general student generation rate*, the increase in homes would result in approximately 12 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 4 residential units Approximate** Total: 1 (0 elementary, 0 middle, 0 high) Typical Development Under 15 residential units Approximate** Total: 3 Current R-15 Zoning (1 elementary, 1 middle, 1 high) Proposed (CZD) R-5 Zoning 48 residential units Approximate** Total: 11 (4 elementary, 2 middle, 4 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. Z22-02 Staff Report BOC 4-4-2022 Page 12 of 20 Board of Commissioners - April 4, 2022 ITEM: 16- 2 - 12 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 2021 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. Z22-02 Staff Report BOC 4-4-2022 Page 13 of 20 Board of Commissioners - April 4, 2022 ITEM: 16- 2 - 13 NEW HANOVER COUNTY STRATEGIC PLAN • One of the goals of the New Hanover County Strategic Plan for 2018-2023 is to encourage the development of complete communities in the unincorporated county by increasing housing diversity in size and price points and access to basic goods and services. • The proposed R-5 zoning district would allow for an increase in housing diversity and would allow those new 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. Under the proposed R-5 district, the project would increase housing diversity by decreasing single family detached (72.2% to 71.5%) and increase the number of single family attached units (1 2.3% to 13.1 %). • In addition to increasing the housing type diversity of the community, the proposal would also provide for -sale housing units at more affordable price points for residents earning between 81 % and 1 20% area median income (AMI). Based on the findings of the Comprehensive Housing Study completed by the joint New Hanover County/City of Wilmington Workforce Housing Advisory Committee, there is a need for for -sale units serving the population at these income levels across the County. • 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.). • With the proposed number of units, the number of residences within one -mile of goods and services would remain at 61 %. Z22-02 Staff Report BOC 4-4-2022 Page 14 of 20 Board of Commissioners - April 4, 2022 ITEM: 16- 2 - 14 REPRESENTATIVE DEVELOPMENTS Representative Developments of R-15: Cottage Grove Z22-02 Staff Report BOC 4-4-2022 Page 15 of 20 Board of Commissioners - April 4, 2022 ITEM: 16- 2 - 15 Clay Crossing Z22-02 Staff Report BOC 4-4-2022 Page 16 of 20 Board of Commissioners - April 4, 2022 ITEM: 16- 2 - 16 Representative Developments of R-5: Woodlands at Echo Farms Context and Compatibility • While the area was zoned for residential development 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 in 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 2 stories. Z22-02 Staff Report BOC 4-4-2022 Page 17 of 20 Board of Commissioners - April 4, 2022 ITEM: 16- 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. LAND USE Generl Residential al Community I _-a. , _ Mixed Use Z21-08 Nesv 11 nova County, NC Future Land Use Map Place Type Community Mixed Use Focuses on small-scale, compact, mixed use development patterns that serve Place Type all modes of travel and act as an attractor for county residents and visitors. Description Types of appropriate use include office, retail, mixed use, recreational, commercial, institutional, multi -family and single-family residential. Z22-02 Staff Report BOC 4-4-2022 Page 18 of 20 Board of Commissioners - April 4, 2022 ITEM: 16- 2 - 18 The subject property is located in the southern 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 Community Mixed Use, which promotes development of small-scale, mixed -use developments. This place type is common for areas along highway corridors. This place type assignment is intended to support more density near major roads with a transition to lower densities adjacent to existing lower intensity residential neighborhoods. Analysis The site is located south of a neighborhood commercial node and across Carolina Beach Road from higher density single-family residential development. 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 applicant is proposing 48 dwelling units, for an overall density of 8 units per acre in 2-story buildings. Housing forms such as townhomes tend to use land more efficiently and be smaller in size, making new units more affordable and providing a greater range of housing price points in the area. The proposal is also in line with the preferred density range for the Community Mixed Use place type, which envisions residential development in the range of 1-3 stories at a moderate to high density. 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 Community 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. Z22-02 Staff Report BOC 4-4-2022 Page 19 of 20 Board of Commissioners - April 4, 2022 ITEM: 16- 2 - 19 PLANNING BOARD ACTION The Planning Board considered this application at their March 3, 2022 meeting and moved to recommend APPROVAL (6-0) of the proposed rezoning to a Conditional R-5 district. 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 Community Mixed Use place type and the residential densities are in -line with those recommended for the property. The Board also found recommending APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would benefit the community by providing a range of housing types and opportunities for households of different sizes and income levels. STAFF RECOMMENDATION Based on the recommended uses and intensity for Community Mixed Use places, the context and compatibility with the immediate surrounding area, and consistency with the New Hanover County Strategic Plan, staff concurs with the Planning Board's recommendation of approval of this application and suggests the following motion with the applicant's proposed conditions: I move to recommend APPROVAL of the proposed rezoning to a (CZD) R-5 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 Community Mixed Use place type and the residential densities are in -line with those recommended for the property. I also find recommending APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would benefit the community by providing a range of housing types and opportunities for households of different sizes and income levels. Applicant's proposed conditions: 1 . The project is proposed to meet the price criteria for workforce housing in the 81 - 120% Area Median Income (AMI) range as defined by the US Department of Housing and Urban Development, adjusted for household size. Restrictive covenants will be created to assure owner occupancy and restrict investment or short-term rental. Alternative Motion for Denial I move to recommend DENIAL of the proposed rezoning to a (CZD) R-5 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 Community Mixed Use place type and the residential densities are in -line with those recommended for the property, 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 density will adversely impact the adjacent neighborhoods. Z22-02 Staff Report BOC 4-4-2022 Page 20 of 20 Board of Commissioners - April 4, 2022 ITEM: 16- 2 - 20 Case: Site Address: Existing Zoning/Use: Proposed Zoning/Use: N Z22-02 6221-6229 R-15 CZD R-5 Carolina Beach Road 'L �F••"t` . 1 Y y .f �g �,�� d I � { cif �� '�.'�N .: w 1• d I fM B 2 C-ZD B-2 — r x _�►Y • 9 « E '�� :�� �, a Z�.��, �� ::Yf �4��hi�1 S *'t� ` ^T5'ti �'W+ 4 �. ��.-� � } � y� ���' • � b ;CZD R-10� t - r- rw ;A x Subject Site 4 r t7 f RA 0 e`'IM - ClZD B-1 k — 4 �r Zoning Districts ,. - ' �,-�iy�•-tiw...-� . _ y :•Srr: `Y �¢f� i � � _ `tea Y B-1 AC R-5 EDZD CB 1-1 R-7 PD B-2 I2 R-10 RMF-X CS AR R-15 RMFU SC RA R-20 UMXZ O&I R-20S ® Indicates Conditional Zoning District (CZD) COD See Section 5.7 of the UDO -- Boa, d of Commissioners Apri 4 ITEM: 16- 3 -1�❑ Incorporated Areas ` SHOD Case: Site Address: Existing Zoning/Use: Proposed Zoning/Use: �1 Z22-02 6221-6229 CZD R-5 Carolina Beach Road Urban Mixed Use condo -Club -Dr F_p��� Pi Subject Site M FH General Community; Residential Mixed Use Cathay -Rd Iv fu m pr��ate Place Types n o COMMERCE ZONE EMPLOYMENT CENTER w GENERAL RESIDENTIAL S Q URBAN MIXED USE COMMUNITY MIXED USE RURAL RESIDENTIAL s ooApril 4, 2 CONSERVATION Case: Site Address: Existing Zoning/Use: Proposed Zoning/Use: N Z22-02 6221-6229 CZD R-5 Carolina Beach Road 4 �; r } Ste` � ;'► [ � � - } ` 1;. a ^ S'c �y. 1 �• - � _ � �� a `?ar �; � 'd A a q 6101 r • : L+r . 9' �'' - a .a" s ...� .T �✓ � � _,``�4'a '�.: 1� ` ---�._ ,r i..t t 1pt` F¢S' q L � 1 " \ / j �. z, ti ,r a 'a 7 c A 62014 . d 631 635. 639 6208 '�� 6203 _` �.� • • 6216• 6�07• R 1.13 ss �" „A� `'^�h 1 .1�a;aay��,��'_ ' ^'�a , r, 6,6®�11�1• 0 0� 6205•• 6217\ 561•0 �6+01� 4 :6330015 _� 7 `;"—�.",: °��;+�r( ,.- ry q°�.cY d*l' � ,t! t.N321• 645 622 8 'G.? '� a" f . 1`s I632 632 9 618 632 2552••602 606 Subject Slte06111 9 6217 )&6217619 615 14 102621731 73� 06• 12253 626226213 25366207 221 230 6229 4. !r r 6231 "��° ' ��a • 6234 ♦ 2622 623923 2538 • 2•56-3 411,6233 6223 2540 • `....�` 6300 •6245 6235 42 • 113 6237 • 216 115 6306 • 2544 • �,,s . t 6• 301 0/ 6303 6307 a 6261 • ' 224 r 1 i r •3r J # 6305' 226 225 � ¢+.� ,�Oa SSiOnerS, • • F N• w H+a�gverrfC,o�un`..tTf� j� L, Neighboring Parcels n.;}` �fEM: 16- 5; a� Initial Application Documents & Materials Board of Commissioners - April 4, 2022 ITEM: 16- 6 - 1 NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 1 10 Wilmington, North Carolina 28403 Telephone (910) 798-7165 FAX (9 7 0) 798-7053 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) Cindee Wolf Wilmington Realtors Foundation Company -Gerrrpa �/Owner Name 2 Design Solutions Barry Dean Cribb / Polly Greene Cribb Address Address P.O. Box 7221 1001 Military Cutoff Road, Suite 101 City, State, Zip City, State, Zip Wilmington, NC 28406 Wilmington, NC 28405 Phone Phone 910-620-2374 910-232-4635 (Contact: Jody Wainio) Email Email cwolf@lobodemar.biz jodyw@kw.com Board of Commissioners - April 4, 2022 Page 1 of 6 ITEM: 16- 7-Clonditional Zoning District Application — Updated 05-2021 Included Property Owners' List Name Address City State Zip Property Address Tax PIN Tax PID Barry Dean Cribb etal 422 Seaview Rd Wilmin ton NC 29409 6221 Carolina Beach Road 313314.33.0854 R07900-003-009-000 Polly Greene Cribb 226 Rutledge Dr Wilmin ton NC 28412 6223 Carolina Beach Road 313314.33.4659 R07900-003-010-000 Polly Greene Cribb 226 Rutledge Dr Wilmin ton NC 28412 6223 A & B Carolina Beach Road 313314.33.8572 R07900-003-010-001 Julian D Cribb Heirs 226 Rutledge Dr Wilmington NC 28412 6223 C Carolina Beach Road 313314.43.1403 R07900-003-010-002 Wilmington Realtors Foundation 1001 Military Cutoff Rd, Suite 101 Wilmington NC 28405 6229 Caroina Beach Road 313314.33.4597 R07900-003-01 1 -000 Board of Commissioners - April 4, 2022 ITEM: 16- 7 - 2 2. Subject Property Information Address/Location Parcel Identification Number(s) 6221 - 6229 Carolina Beach Road See Attached List Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification 6.13 Ac.+/- R-15 Community Mixed -Use 3. Proposed Zoning, Use(s), & Narrative Proposed Conditional Zoning District: CZD R-5 I Total Acreage of Proposed District: 6.14 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 proposed project is a 48-unit attached -town home community, with a density of eight (8) units per acre. Homes will be individually -owned, two-story, with a one -car garage and parking for an additional two vehicles on a driveway pad in front of the units. 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. The project is proposed to meet the price criteria for "work -force" housing in the 81-120% Average Median Income (AMI) range defined for "for -sale" residences. Retrictive covenants will be created to assure owner occupancy & restrict investment or short-term rental. Board of Commissioners - April 4, 2022 Page 2 of 6 ITEM: 16- 7-donditional 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: Residential Condo / Townhouse (230) Trip Generation Use and Variable (gross floor area, dwelling units, etc.) per dwelling unit @ 48 1 AM Peak Hour Trips: 21 I PM Peak Hour Trips: 25 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. Policies for growth and development encourage safe and affordable housing to be available to every citizen. Townhome communities such as this one are in demand due to lifestyle preferences, affordablility factors and proximity to services. Rezoning to allow this housing product and density on the subject tract would be consistent with the concept of transitioning uses along traffic corridors such as Carolina Beach Road. Board of Commissioners - April 4, 2022 Page 3 of 6 ITEM: 16- 7-C4onditional 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. The tract is identified in the Comprehensive Land Use Plan as a "Community Mixed -Use" place -type. The plan suggests higher densities as a means to support the small-scale, compact development patterns necessary for sensible in -fill and maximizing use of lands already accessible to urban services. 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? Transitional uses along a busy highway have become a logical planning principle. Most residents who desire a single-family home seek areas further from arterial road corridors, but residents who may have more limited means can afford their own home in communities that can can keep costs lower based on a higher density of product. Sustainability of the County depends on location -efficient land use. Board of Commissioners - April 4, 2022 Page 4 of 6 ITEM: 16- 7 -conditional 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 ❑ This application form, completed and signed Application fee: Applicant Initial ❑ • $600 for 5 acres or less • $700 for more than 5 acres • $300 in addition to base fee for applications requiring TRC review CAW ❑ Community meeting written summary CAW ❑ 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 CAW 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 CAW ❑ 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. CAW ❑ One (1) digital PDF copy of ALL documents AND plans CAW Board of Commissioners - April 4, 2022 Page 5 of 6 ITEM: 16- 7-C6onditional 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. X Jody Wainio - President / Wilmington Realtors Sig ature of Oroperty Owner(s) Print Name(s) Foundation �Jvx� Wok. f Cynthia Wolf - Design Solutions Signature of Applicant/Agent Print Name Note: This form must be signed by the owner(s) of record. If there are multiple property owners, a signature is required for each owner of record. 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 - April 4, 2022 Page b of 6 ITEM: 16- Londitional 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; Act on my behalf without limitations with regard to any and all things directly or indirectly connected with or qrising out of this application; and 4. Pro e writtir concept to any and all conditions of approval. Polly Greene Cribb Signature of Property Owner(s) Print Name(s) Cynthia Wolf - Design Solutions Signature of Applicant/Agent Print Name Note: This form must be signed by the owner(s) of record. If there are multiple property owners, a signature is required for each owner of record. 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 - April 4, 2022 Page 6 of 6 ITEM: 16- 7-&nditional 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; 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 &ttn consent to any and all conditions of approval. X ['eM Barry Dean Cribb Signature o roperty Owner(s) Print Name(s) Gil " " Cynthia Wolf - Design Solutions Signature of Applicant/Agent Print Name Note: This form must be signed by the owner(s) of record. If there are multiple property owners, a signature is required for each owner of record. 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 - April 4, 2022 Page 6 of 6 ITEM: 16- 7-&nditional Zoning District Application — Updated 05-2021 B-1 R-10--- R-10 RD R-15 'o, CZD B-1 V3 m m RA-5 1.0 z Legal Description for Conditional Zoning District Petition for 6221— 6229 Carolina Beach Road Beginning at a point in the eastern boundary of Carolina Beach Road (U.S. Hwy. 421), a 160' public right-of-way; said point being at the northwestern -most corner of "Lot 5 — Property of Mrs. Ida Keyes," on a plat recorded among the land records of the New Hanover County Registry in Book 362, at Page 631; and running thence from the point of beginning: South 69054'52" East, 1384.13 feet to a point; thence South 20005'08" West, 200.00 feet to a point; thence North 69054'52" West, 1284.41 feet to a point in the eastern boundary of Carolina Beach Road; thence with that right-of-way, North 06024'52" West, 223.48 feet to the point and place of beginning, containing 6.13 acres, more or less. Board of Commissioners - April 4, 2022 ITEM: 16- 7 - 12 Boob 362 E Page 631 1, 6f P R O F E R T or N r5 . A' KYEDIM FEPERPL POOT TOWN5)41f, JIMPANoVER Co. tI.0 7-en Miles .5ouTh of M Yn j n �.O r7 _ ;,17. 119 -11- �.ix� - 2 oa fl- State of North Carolina New Hanover County Plersonaluy appeared before me ,,.Allen, C.B. Who being duly sworn says the foregoing reap was made by him from notes of an actual survey of firs. Ida Keyes, property, in Federal Point Township, and that he has staked all lots as hereon indicated, and that same is correct. Let this Instrument and Certificate he recnrand- The Magnetic Va�ria.tif)n this date is 3'20 V1. This the day of e.�;O� -1.946 u I �.y - _ .. '' .�„'..''s:�`:-,�}a. '�,wr�.",�v4�YtiT:f•• .k�.,;.! "w'z.:t�'Y�'`i�,a�;.a:v�-,'.'�-a`�c:'i _—'-':"___ q` ..,. f�._3s_i'Jw•jF'sFlX6 rL�-`_fir 's'-r:f �CrY,',^ "� ,�;'�.'^"� .. �,A J • •�^e : a+:=..4--.•- i#,; ^'„'.>:.' ''� _ �' it1 - y i.tlxr%? ern-.r: y .- sr 3,S.H C'�e: +,- �`i.•a .;`•'s.,"�:''i�,�,�,�'',t�. �` +5.�� , :.... � - _?�[ybJ, �'! tiM� ' IVr�S"�l`iM1k.�L� ;�► �ti-!v.wF)L;l. `{Y'�'lM .: `.f',�«.r"Y1�ynH,: a.r�+J �`.�RJ}. >ieK�•.4, 'fin . �t t-'n-�.�rw..ir - ,-ty,. ,:.+a +-;:i' 4_. ^. _ .. - ...�� -���" w'."�w4 �.? •f ,�''' "�"..,��- Kkr�oa'e�naaae.c. ,;,s*r,'�?� raa+�yy'` t; : +iL�;��,v�.+`•',.�rm.�,"„r-,,..-.'^.�.�,. u _ ��. . _ .. ..:. . -_, --• �. REPORT OF COMMUNITY MEETING REQUIRED BY NEW HANOVER COUNTY ZONING ORIDINANCE FOR CONDITIONAL DISTRICT REZONINGS Project Name: 6221 to 6229 Carolina Beach Road Proposed Zoning: R-15 to (CZD) R-5 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 December 4, 2021 . A copy of that written notice and site layout are also attached. The meeting was held at the following time and place: Wednesday, December 15, 6:00 p.m.; at the Best Western Plus — Wilmington, 5600 Carolina Beach Road, The persons in attendance at the meeting were: Reference attached sign -in list The following issues were discussed at the meeting: A brief introduction of the project was given, along with explanation of conditional zoning districts. Questions were primarily concerning availability of public water & sewer service. Developer shared their initial research on extension of the CFPUA water line to the site, and use of a low-pressure system for sanitary sewer disposal — which could potentially avail other properties to the South in the future. As a result of the meeting, the following changes were made to the petition Date: January 3, 2022 Applicant: Design Solutions By: Cindee Wolf None Board ot Uommissioners - April ITEM: 16- 7 - 14 Community Information Meeting Pierson's Point Townhomes Date: December 15, 2021 Name Thomas Lakey Address 2540 & 2542 Blake Trail Email (Optional) Amy Bryant V�-- C-bM Antietam Dr Cam-r t, t' ncL- _6z -.c_h ?,b CAW -5 Jody Wainio Realtors Foundation iodvw@kw.com Cindee Wolf Project Planner cwolf@lobodemar.biz Board of Commissioners - April 4, 2022 ITEM: 16- 7 - 15 Z 00 w rr1 cr r-I Y � Z Z Of O J m '1 w xO cn V LU p a x to ri IJJ Lw' z H 0� - I�J VI L L1 � TA k.; + 10 LL �I IJJ- L'7 r4 c� _i 11J CO `3Tt e[ r4 r,y [J i "s: N ,.....,. 0:c _] K — ca - !A N F-i l"( Fi u ... W L.X -AAD •ri N S 7 �t cr cc, U U Q w Ld --J d' J J U J LU p = 00 = U N f:F rJ I ' ra 4 "- ra fs. — rJ M Q g -- - Ir! ! cn r.4 r'I 4 0 D 1.J 4 r4 0 03 ra-� ra ua N R 1•a x' 1-4 u v •ri rM U rn 7 A!3 W1} (D N Board of Commissioners - April 4, 2022 ITEM: 16- 7 - 16 III— fJ _ SDU RIflGE BLw� RING I —� ❑ '-L 0 103 13 GpNDO CLUB 111R IL -- GETTYSBURG UR- I a i I--� I I 1 � Dip Lam_` -- COR�M1OFtpNTVYAY.`gEpURIVAGtDfi- ,rT 13 I1r ° �- 'l; ❑ �I II __ r --- f j r I ❑ ❑' AWAY RDJ ❑ ❑ ❑ j13 ,7 t - - I BURBANK RD I I� I _ �, I I ! 77-ri L—J II III i j� I 'r IT WINDGATEDR— �,.r,Pon rs -April 4, 2022 rRr A ---- etc PROPERTY OWNERS WITHIN A 500' PERIMETER OF 6221 - 6229 CAROLNA BEACH ROAD OWNER MAILING ADDRESS CITY / STATE / ZIP PROPERTY ADDRESS ALLEN BRENDA 6201 CAROLINA BEACH RD WILMINGTON, NC 28412 6201 CAROLINA BEACH RD WILMINGTON ALLEN GREGORY K ETAL 6205 CAROLINA BCH RD UNIT A WILMINGTON, NC 28412 6205 CAROLINA BEACH RD WILMINGTON ALLEN GREGORY K JULIE A 6205 CAROLINA BEACH RD WILMINGTON, NC 28412 6205 CAROLINA BEACH RD WILMINGTON ALLEN GREGORY KERMIT JULIE A 6205 CAROLINA BCH RD UNIT A WILMINGTON, NC 28412 ALLEN GREGORY KERMIT JULIE A 6205 CAROLINA BCH RD UNIT A WILMINGTON, NC 28412 6205 CAROLINA BEACH RD WILMINGTON ALLEN GREGORY KERMIT JULIE A 6205 CAROLINA BCH RD UNIT A WILMINGTON, NC 28412 6205 CAROLINA BEACH RD WILMINGTON AUCTION CARNIVAL COM LLC 314 LENNON DR UNIT 12216 WILMINGTON, NC 28405 6305 APPOMATTOX DR WILMINGTON AUSTIN RONALD D REBECCA L 2544 BLAKE TRAIL WILMINGTON, NC 28409 2544 BLAKE TRL WILMINGTON BONDURANT WILLIAM BRENDA 226 COUNTRY PLACE RD WILMINGTON, NC 28409 226 COUNTRY PLACE RD WILMINGTON BRADSHAW DOLORES J 6303 CAROLINA BEACH RD WILMINGTON, NC 28412 6303 CAROLINA BEACH RD WILMINGTON CALDWELL LARRY W 278 HILLCREST CIR WHITEVILLE, NC 28472 602 ANTIETAM DR WILMINGTON CAROLINA COASTAL MARINE LLC 8936 SEDGLEY DR WILMINGTON, NC 28412 6301 CAROLINA BEACH RD WILMINGTON COATS DELORIS M ETAL 709 CROWS NEST CT WILMINGTON, NC 28409 6213 CAROLINA BEACH RD WILMINGTON COATS STEVEN K DELORIS M 709 CROWS NEST CT WILMINGTON, NC 28409 6310 APPOMATTOX DR WILMINGTON COPENHAVER BARBARA A 6203 CAROLINA BEACH RD WILMINGTON, NC 28412 6203 CAROLINA BEACH RD WILMINGTON CRIBB POLLY GREENE 226 RUTLEDGE DR WILMINGTON, NC 28412 6216 CAROLINA BEACH RD WILMINGTON CRIBB POLLY GREENE 226 RUTLEDGE DR WILMINGTON, NC 28412 6208 CAROLINA BEACH RD WILMINGTON DEMUNBRUN KAREN PO BOX 102 ROCKWELL, NC 28138 6261 CAROLINA BEACH RD WILMINGTON FOWLER IRIS POPE HEIRS 6233 CAROLINA BEACH RD WILMINGTON, NC 28412 6233 CAROLINA BEACH RD WILMINGTON H & H FAMILY LIMITED PTNRSHP 709 CROWS NEST CT WILMINGTON, NC 28409 6217 CAROLINA BEACH RD WILMINGTON HILL CATHY GAIL 6305 CAROLINA BEACH RD WILMINGTON, NC 28412 6305 CAROLINA BEACH RD WILMINGTON HOOKS JULIUS D 606 ANTIETAM DR WILMINGTON, NC 28412 606 ANTIETAM DR WILMINGTON JONES GERALD L REV TRUST 2002 WARD ST DURHAM, NC 27707 6237 CAROLINA BEACH RD WILMINGTON LAKEY JACQUELINE ETAL 2540 BLAKE TRL WILMINGTON, NC 28409 2542 BLAKE TRL WILMINGTON LAKEY THOMAS H JACQUELINE C 2540 BLAKE TRL WILMINGTON, NC 28409 2540 BLAKE TRL WILMINGTON LERAY BARRY W ATHANASIA B 2536 BLAKE TRL WILMINGTON, NC 28409 2536 BLAKE TRL WILMINGTON LEWIS PEGGY LEONARD REV TRUST PO BOX 12226 WILMINGTON, NC 28405 LONG LEAF JEHOVAHS WITNESSES 6307 CAROLINA BEACH RD WILMINGTON, NC 28412 6307 CAROLINA BEACH RD WILMINGTON LORACK LLC 12300 PEED RD RALEIGH, NC 27614 6306 CAROLINA BEACH RD WILMINGTON LORACK LLC 12300 PEED RD RALEIGH, NC 27614 6306 CAROLINA BEACH RD WILMINGTON MCKEITHAN APRIL A 224 COUNTRY PLACE RD WILMINGTON, NC 28409 224 COUNTRY PLACE RD WILMINGTON MINTZ WILLIAM KIMBERLY J 614 ANTIETAM DR WILMINGTON, NC 28409 614 ANTIETAM DR WILMINGTON MIRESSI GERALD LOUIS SR HEIRS 6241 CAROLINA BCH RD WILMINGTON, NC 28412 6245 CAROLINA BEACH RD WILMINGTON MIRESSI JOSEPHINE F 6241 CAROLINA BEACH RD WILMINGTON, NC 28412 6239 CAROLINA BEACH RD WILMINGTON MIRESSI JOSEPHINE F 6241 CAROLINA BEACH RD WILMINGTON, NC 28412 6231 CAROLINA BEACH RD WILMINGTON MIRESSI JOSEPHINE FOWLER 6241 CAROLINA BEACH RD WILMINGTON, NC 28412 6235 CAROLINA BEACH RD WILMINGTON CFPUA 320 CHESTNUT ST WILMINGTON, NC 28401 113 CATHAY RD WILMINGTON NORRIS SHIRLEY S 6218 CAROLINA BCH RD WILMINGTON, NC 28412 6218 CAROLINA BEACH RD WILMINGTON NUTZ & BOLTZ VENTURES LLC 7508 CHAMPLAIN DR WILMINGTON, NC 28412 6209 CAROLINA BEACH RD WILMINGTON OSBORNE CHRISTINE F 178 CHRISTOPHER RD FLINTON, PA 16640 6207 CAROLINA BEACH RD WILMINGTON PARKER DAVID S 492 SANDLIN RD BEULAVILLE, NC 28518 552 ANTIETAM DR WILMINGTON PPC VENTURES LLC PO BOX 12226 WILMINGTON, NC 28405 6230 CAROLINA BEACH RD WILMINGTON R C FOWLER PROPERTIES INC 3763 LITCHFIELD LOOP LAKE WALES, FL 33859 6300 CAROLINA BEACH RD WILMINGTON ROGERS AMELIA S 2538 BLAKE TRL WILMINGTON, NC 28409 2538 BLAKE TRL WILMINGTON SHAMROCK INVESTMENTS OF NC 8395 NC 581 HWY S BAILEY, NC 27807 548 ANTIETAM DR WILMINGTON STINNETT MATTHEW D MEREDITH C 610 ANTIETAM DR WILMINGTON, NC 28409 610 ANTIETAM DR WILMINGTON TOWNHOMES AT BEAU RIVAGE 10 S CARDINAL DR WILMINGTTN, NC 28403 100 BEAU RIVAGE DR WILMINGTON WILLIAMS STEPHEN T 433 ROSLYN RD WINSTON SALEM, NC 27104 6234 CAROLINA BEACH RD WILMINGTON Board of Commissioners - April 4, 2022 ITEM: 16- 7 - 18 Design o u tlons Notice of Meeting December 4, 2021 To: Adjacent Property Owners From: Cindee Wolf Re: Pierson's Point—Townhome Community The owners of the properties at 6221— 6229 Carolina Beach Road seek to develop a new housing community in the proximity of your property. The plan proposes forty-eight (48) townhomes units, that will be marketed for individual ownership. An exhibit is attached. Approval of a Conditional District allows particular uses to be established only in accordance with a specific plan, standards and conditions pertaining to each individual development project. The County requires that the developer hold a meeting for all property owners within 500 feet of the tract boundary, and any and all other interested parties. This provides neighbors with an opportunity for explanation of the proposal and for questions to be answered concerning project improvements, benefits and impacts. A meeting will be held on Wednesday, December 15t", at the Best Western Plus — Wilmington, 5600 Carolina Beach Road, 6:00 p.m. If you cannot attend, you are also welcome to contact me at telephone # 910-620-2374, or email cwolf@lobodemar.biz with comments and/or questions. We appreciate your interest in the project and look forward to being a good neighbor and an asset to the community. P.O. Sox 7221, WilmiKgtoK, NC 28406 * Telephone: 910-620-2374 * Email: cwolf@lobodeMar.biz Board of Commissioners - April 4, 2022 ITEM: 16- 7 - 19 l _ NM .a v Beau -Rivage y r Drive;. ho If - Rr ASO 1 , t• Cathy Jill N ., • , - •, Concept Plan Board of Commissioners - April 4, 2022 ITEM: 16- 8 - 1 i Zoning: R- 15 I Land Use: Residential I n/f Townhome5 Beau Rlvage, LLC D.B. 6 186-969 Beau RlVage� Dr n/f PPC Ventures, LLC D.B. 5575- 1 544 Zoning: R-1 5 Land Use: Office Cathay Road 1 03 Cb C> S 70 C Z Signal I nter5C Site Inventory Notes: 1. 5oi15 Types: Le (Leon sand), Kr (Kureb sand) * Ly (Lynn haven fine sand) 2. Thi5 property 15 not impacted by any AEC. 3. There are no Conservation Overlay boundaries affecting this property. 4. Thi5 Site 15 not impacted by any recognized historic or archeological Significance. 5. No cemeteries were evidenced on the Site. G. Exi5tin6j regulated trees primarily con5i5t of non -Significant hardwoods * Loblolly Pines. No Specimen trees were identified by a visual inventory. A certified tree survey will be completed prior to detailed design * permitting 7. There 15 no evidence of juri5dictional wetlands within the development area of the Bite. 8. There 15 no evidence of endangered 5pecie5 or habitat 155ue5 on the Site. 9. No portion of this tract 15 within a 5pecial Flood Hazard Area a5 evidenced on FIRM Panel 37203 13300, dated August, 2018. 10. The Bite drainage flows into the Everett Creek watershed. Development Data: Total Tract Area - minu5 CIa55 IV 5oil5 - (not applicable) minus Natural water features - (not applicable) Total Development Area - Development Notes: G. 13 ac. -0- 1 . All development shall be in accordance with the New Hanover County Zoning Ordinance. -0- 2. Project shall comply with all Federal, State * New Hanover County regulations. G. 13 ac. Performance Residential Density - 6. 13 ac. @ 8.0 unit5/ac. (R-5 Density) _ Total Units Permitted - 49 " 48 Units Proposed " Preliminary Surface Coverage: Rooftops - 6 I ,638 5.f.± Pavement - 54,088 5.f.± 51dewalk5 - 13,740 5.f.± Parking Pads * Pat105 - 24,968 5.f.± Total - 154,434 5.f.± (46.7%) Open Space - 6. 13 ac. X 20% = 1.22 ac. required Total Open Space Prov'd. - 1.8 ac.+ Utility Notes: I . Existing water and Sanitary sewer 5ervice5 are - available to the Bite from Cape Fear Public Utility Authority by extension of public main±. 2. All utility 5ervice5, such a5 electric power, CATV, gas �- telephone shall be installed underground. 3. 5olid waste di5po5al will be by individual residence cart pickup by a private contractor / hauler. d2 kg AA \ AD Open \ ��� q6 Space �C �}5 I .8+ ac. / j �\ 44 \ \ 43 42 35 34 / r /)tor Pohd / s N a Use: :ant Praect No.: 2 1 - 38 Scale: 1"=50' Date: 0 1 /03/22 Kev5on5: n/f Thomas Jacqueline La key D.B. 5703- 1 G80 n/f Jacqueline La key eta I D.B. 58 1 5-2382 35 O 37 36 35 \� \/ ® Zornng: R- 15 3� \� Land Use: g3�\ Vacant Vicinity Map (No Scale) General Notes: I . New Hanover County Parcel Nos.: 3 133 14.33.0654 [R07900-003-009-000] 3 133 14.33.4659 [R07900-003-010-001 3 133 14.33.5572 [R07900-003-010-002] 313314.33. 1403 [R07900-003-010-003] 3 133 1 4.33.4507 [R07900-003-01 1-0001 2. Rezoning Tract Area: G. 13 ac.± 3. Zoning District: n/f Existing - R-1 5 Ronald Proposed - (CZD) R-5 Rebecca AuStln 4. Comprehen5ive Plan Cla55ification D.B. 6 1 79- 1 24 Community Mixed -Use Zoning: R- 15 Land Use: Residential W Graphic Scale 01 5 E ITEM: 16- 9 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:4/4/2022 Regular DEPARTMENT: Planning PRESENTER(S): Ron Meredith, Current Planner CONTACT(S): Ron Meredith; Rebekah Roth, Planning & Land Use Director SU BJ ECT: Public Hearing Rezoning Request (Z22-06) - Request by Andy Etters, applicant and property owner, to rezone approximately 29.39 acres of land located at 312 Hermitage Road from R-20, Residential District, to (CZD) CS, Commercial Services District for warehousing and office flex space and a nursery. BRIEF SUMMARY: The applicant is proposing to construct a 130,000 square foot warehousing and office flex space business park and preserve an existing nursery located on the south side of the subject parcel. The subject parcel is located east of Castle Hayne Road and north of Interstate 1-140 on Hermitage Road. The units are anticipated to be located within 11 buildings with a maximum of 40 feet in height, containing 3 to 4 units each that would range in size from about 9,000 square feet to 12,000 square fee, but some changes to building configuration are possible. The applicant's proposed conceptual plan includes buffers on the west side and the south side of the subject tract, which meet the ordinance requirements. When the R-20 district was first applied to this area in the 1970s, public utilities were limited, and many homes in the unincorporated areas of the County utilized private well and septic. Water is now available in the area, and the applicant is proposing connections to CFPUA water and to utilize septic systems. As currently zoned, the site would permit up to 44 dwelling units at a density of 1.9 du/ac. While the site is zoned R-20, it directly abuts 1-1 zoning to the east and R-20 zoning to the west, north and south. Although the subject property is located adjacent to residentially zoned land, much of the surrounding area is undeveloped or used for nonresidential purposes. If approved, the project would be subject to Technical Review Committee and Zoning Compliance review processes to ensure full compliance with all ordinance requirements and specific conditions included in the approval. Only minor deviations from the approved conceptual plan, as defined by the U DO, would be allowed. This CS district is modeled on the City of Wilmington's Commercial Services district and was added to the Ordinance in 2019. It is intended to provide a clear place for the necessary businesses that aren't optimally located near residential neighborhoods, sometimes referred to as "heavy commercial." The uses in this district generally serve other businesses, such as contractors or fleet services, and may require outside storage of materials and parking for fleet vehicles or equipment. As currently zoned, it is estimated the site would generate about 33 AM and 44 PM trips during the peak hours if developed at the permitted density. The proposed development would increase the estimated number of peak hour trips by about 150 peak hour trips. The TIA conducted for the project has been approved by NCDOT and the WMPO. The approved TIA analyzed the development of 130,000 square feet of Business Park. An executive summary of the TIA is included in the agenda packet, and the full analysis is available in the Planning department. Board of Commissioners - April 4, 2022 ITEM: 17 Access is proposed to be provided to the subject property from Hermitage Road, an NCDOT- minor collector road. The applicant has proposed two full access driveways. This location provides an employment center where transportation access is reachable by employees because of the proximity to the airport and Interstate 1-140. The property is located on a secondary road between the Wrightsboro commercial node and the Castle Hayne commercial node. Properties east of the subject site have developed as a variety of light industrial uses due to the proximity of interstate 1-140 and railroad access. The site plan incorporates required landscaping and transitional buffers adjacent to residentially zoned properties. The development would have no impact on the school system. The Comprehensive Plan classifies the subject parcel as Employment Center. Employment Center place types are generally applied in areas like this that are intended to serve as employment and production hubs where office and light industrial uses are easily available. The proposed rezoning from R-20 to (CZD) CS is generally CONSISTENT with the 2016 Comprehensive Plan, because it will allow for the types of commercial uses encouraged in the Employment Center Use place type and the district is located within a transitional area and will provide a transition between light industrial uses to the east and current lower intensity development that may transition in the future. The Planning Board considered this application at their March 3, 2022 meeting. No one spoke in support of or in opposition to the request. The Planning Board recommended approval of the petition (6-0), with the following condition: 1. The total square footage of business park flex space shall be limited to a maximum 130,000 square feet. The Planning Board found the application to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it will allow for the types of commercial uses encouraged in the Employment Center place type. The Planning Board also found recommending APPROVAL of the rezoning request is reasonable and in the public interest because the proposed district will provide a transition between light industrial uses to the east and current lower intensity development that may transition in the future. The Board recommended the following condition: 1. The total square footage of business park flex space shall be limited to a maximum 130,000 square feet. 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: Based on the recommended uses for Employment Center places, the context and compatibility with the immediate surrounding area, and the transition from existing light industrial uses to the east to potential future uses to the west, staff concurs with the Planning Board's recommendation of approval of this application and suggests the following motion with the applicant's proposed conditions: I move to recommend APPROVAL of the proposed rezoning. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it will allow for the types of commercial uses encouraged in the Employment Center place type. I also find APPROVAL of the rezoning request is reasonable and in the public interest Board of Commissioners - April 4, 2022 ITEM: 17 because the proposed district will provide a transition between light industrial uses to the east and current lower intensity development that may transition in the future. Applicant's proposed condition: 1. The total square footage of business park flex space shall be limited to a maximum 130,000 square feet. Alternative Motion for Denial I move to recommend DENIAL of the proposed rezoning. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it will allow for the types of commercial uses encouraged in the Employment Center place type, I find DENIAL of the rezoning request is reasonable and in the public interest because the land use will adversely impact the adjacent residential areas. ATTACHMENTS: Z22-06 BOC Script Z22-06 Staff Report BOC Z22-06 Zoning Z22-06 Future Land Use Map Z22-06 Neighboring Properties Initial Application Co\.er Sheet Z22-06 Application Z22-06 Application Attachment Z22-06 Agent Appointment Form Z22-06 Propety Deed With Description Concept Plan Coker Sheet Z22-06 Site Plan Public Comments Coker Sheet Z22-06 Community Meeting Summary Traffic Impact Analysis Coker Sheet Z22-06 TIA Summary Z22-06 TIA COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval with 1 condition as presented by staff. COMMISSIONERS' ACTIONS: Approved 5-0 with one condition as presented by staff. Board of Commissioners - April 4, 2022 ITEM: 17 BOARD OF COMMISSIONERS SCRIPT for Zoning Map Amendment Application (Z22-06) Public Hearing Rezoning Request (Z22-06) - Request by Andy Etters, applicant and property owner, to rezone approximately 29.39 acres of land located at 312 Hermitage Road from R-20, Residential District, to (CZD) CS, Commercial Services District for warehousing and office flex space and a nursery. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant's presentation and supporter comments (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. Applicant's rebuttal (up to 5 minutes) e. Opponent's rebuttal (up to 5 minutes) f. Staff review of any additional conditions 3. Close the public hearing 4. Board discussion 5. Before we proceed with the vote, I would like to invite the applicant to the podium. Based on the Board discussion and items presented during the public hearing, would you like withdraw your petition or proceed with a vote? 6. Vote on the application. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why approval or denial of the rezoning request is reasonable and in the public interest. Example Motion for Approval I move to recommend APPROVAL of the proposed rezoning. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it will allow for the types of commercial uses encouraged in the Employment Center place type. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposed district will provide a transition between light industrial uses to the east and current lower intensity development that may transition in the future. Proposed Condition: 1. The total square footage of business park flex space shall be limited to a maximum 130,000 square feet. Board of Commissioners - April 4, ITEM: 17- 1 - 1 Examole Motion for Denial I move to recommend DENIAL of the proposed rezoning. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it will allow for the types of commercial uses encouraged in the Employment Center place type, I find DENIAL of the rezoning request is reasonable and in the public interest because the land use will adversely impact the adjacent residential areas. Alternative Motion for Approval/Denial: I move to [Approve/Deny] of the proposed rezoning to a conditional CS, Conditional Commercial Services (CS) district. I find it to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] I also find recommending [Approve/Deny] of the rezoning request is reasonable and in the public interest because [insert reasons] Board of Commissioners - April 4, 2022 ITEM: 17- 1 - 2 STAFF REPORT FOR Z22-06 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z22-06 Request: Rezoning to a (CZD) Commercial Services (CS) District Applicant: Property Owner(s): Fast Tracts Wilmington, LLC Fast Tracts Wilmington, LLC Location: Acreage: 312 Hermitage Road 29.39 Acres PID(s): Comp Plan Place Type: R02500-002-003-000 Employment Center Existing Land Use: Proposed Land Use: Farm Land and Existing Wholesale Nursery Flex space business park, and the existing nursery Current Zoning: Proposed Zoning: R-20, Residential (CZD) CS, Conditional Commercial Services (CS) district Z22-06 Staff Report BOC 4-4-2022 Page 1 of 14 Board of Commissioners - April 4, 2022 ITEM: 17- 2 - 1 SURROUNDING AREA LAND USE ZONING North Single -Family Residential, Undeveloped R-20 East Industrial 1-1 South Undeveloped B-2 West Agriculture R-20 ZONING HISTORY June 1, 1985 Initially zoned R-20 (Castle Hayne) COMMUNITY SERVICES Water services are available through CFPUA. Sanitary sewer is not Water/Sewer available from the CFPUA, however, the site is intended to be served by a private septic system approved and permitted by the NHC Health Department. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Castle Hayne Schools Castle Hayne Elementary, Holly Shelter Middle, and Laney High Schools Recreation Optimist Park, Northern Regional Park, Blue Clay Bike Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Z22-06 Staff Report BOC 4-4-2022 Page 2 of 14 Board of Commissioners - April 4, 2022 ITEM: 17- 2 - 2 ZONING CONSIDERATIONS • The applicant is proposing to construct a 130,000 square foot flex space business park, and the existing nursery located on the south side of the subject parcel. • The units are anticipated to be located within 1 1 buildings with a maximum of 40 feet in height, containing 3 to 4 units each that would range in size from about 9,000 square feet to 12,000 square feet, but some changes to building configuration are possible. • The applicant's proposed conceptual plan includes buffers on the west side and the south side of the subject tract, which meet the ordinance requirements. • While parking illustrated at this time is conceptual, the specific number of parking spaces will be determined during the TRC approval process when the tenants of the flex space business park, and the existing nursery are defined. All proposed parking will be required to meet Ordinance requirements. • Accessory outdoor storage areas if required by future tenants, will be located outside of the required parking areas. • The conceptual plan complies with the County's standards for a Major Site Plan, including zoning dimensional standards. Herinitage;Rd A � . II ZONING CONSIDERATIONS • When the R-20 district was first applied to this area in the 1970s, public utilities were limited, and many homes in the unincorporated areas of the County utilized private well and septic. Z22-06 Staff Report BOC 4-4-2022 Page 3 of 14 Board of Commissioners - April 4, 2022 ITEM: 17- 2 - 3 Water is now available in the area, and the applicant is proposing connections to CFPUA water and to utilize septic systems. • As currently zoned, the site would permit up to 44 dwelling units at a density of 1.9 du/ac. • While the site is zoned R-20, it directly abuts 1-1 zoning to the east and R-20 zoning to the west, north and south. • Although the subject property is located adjacent to residentially zoned land, much of the surrounding area is undeveloped or used for nonresidential purposes. North Carolina State University owns approximately 58 acres directly west of the site along Hermitage Road, which is used for agricultural research. • This CS district is modeled on the City of Wilmington's Commercial Services district and was added to the Ordinance in 2019. It is intended to provide a clear place for the necessary businesses that aren't optimally located near residential neighborhoods, sometimes referred to as "heavy commercial." The uses in this district generally serve other businesses, such as contractors or fleet services, and may require outside storage of materials and parking for fleet vehicles or equipment. • Development in the CS district requires a minimum 35-foot rear setback and 30-foot interior setback, though buildings having a height over 35 feet are subject to additional setbacks and bufferyards of 4 additional feet. • Minimum buffer width shall be 50 percent of the minimum required setback, and opaque bufferyards are required where the development directly abuts existing single-family properties. • Maximum Illumination Levels at lot lines are required to be 0.05 foot-candles at lot lines adjacent to Single family detached or vacant R-20 parcels and 2.0 foot-candles at lot lines adjacent to all other uses. • If approved, the project would be subject to Technical Review Committee and Zoning Compliance review processes to ensure full compliance with all ordinance requirements and specific conditions included in the approval. Only minor deviations from the approved conceptual plan, as defined by the UDO, would be allowed. Z22-06 Staff Report BOC 4-4-2022 Page 4 of 14 Board of Commissioners - April 4, 2022 ITEM: 17- 2 - 4 AREA SUBDIVISIONS UNDER DEVELOPMENT Z22-06 City of Wilmington Parsons .Mill 276 81 195 Total 276 81 195 **Based on_Buildin Permits and Aerial Photogrophy" + r ra'� �. W. --1 Parsons Mill. _ N Z22-06 Staff Report BOC 4-4-2022 Page 5 of 14 Board of Commissioners - April 4, 2022 ITEM: 17- 2 - 5 TRANSPORTATION • Access is proposed to be provided to the subject property from Hermitage Road, an NCDOT- minor collector road. • The applicant has proposed two full access driveways. Z22-06 Staff Report BOC 4-4-2022 Page 6 of 14 Board of Commissioners - April 4, 2022 ITEM: 17- 2 - 6 • As currently zoned, it is estimated the site would generate about 33 AM and 44 PM trips during the peak hours if developed at the permitted density. The proposed development would increase the estimated number of peak hour trips by about 150 peak hour trips. Intensity Approx. Peak Hour Trips Existing Development: Undeveloped 0 AM / 0 PM Typical Development under Current Zoning: 44 Single -Family Dwellings 33 AM / 44 PM Proposed Development: 130,000 Square Foot flex space 183 AM / 187 PM business park, and the existing nursery Traffic Impact Analysis • The TIA conducted for the project has been approved by NCDOT and the WMPO. • The approved TIA analyzed the development of 130,000 square feet of Business Park. • The TIA approval requires the following notable roadway improvements, some of which are in addition to what was originally proposed by the applicant's traffic engineer in the TIA: 1. NC 133 / Hermitage Road o Provide a westbound right turn lane with 200 feet of storage and appropriate deceleration and taper. 2. NC 133 / Crowatan Road o Provide a southbound left turn lane with 50 feet of storage and appropriate deceleration and taper. 3. Hermitage Road and Site Access 1 o Construct the site access with one ingress and one egress lane. o Provide stop control for the northbound approach. o Provide 100 feet of internal protected stem on the northbound approach. 4. Hermitage Road and Site Access 2 o Construct the site access with one ingress and one egress lane. o Provide stop control for the northbound approach. o Provide 100 feet of internal protected stem on the northbound approach location and building type and would not result in changes that exceed the scale and trip budget of what was studied, according to the applicant. Z22-06 Staff Report BOC 4-4-2022 Page 7 of 14 Board of Commissioners - April 4, 2022 ITEM: 17- 2 - 7 Nearby Planned Transportation Improvements and Traffic Impact Analyses Nearby NC STIP Projects: 1. STIP Project U-5863 o Project to widen Castle Hayne Road from 1-140 to Division Drive. This project will add a center turn lane or median to sections of the road. o The project is currently scheduled to begin construction after 2029. Z22-06 Staff Report BOC 4-4-2022 Page 8 of 14 Board of Commissioners - April 4, 2022 ITEM: 17- 2 - 8 Nearby Traffic Impact Analyses: Traffic Impact Analyses (TIAs) 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. • While there are no TIAs approved within a mile radius of the subject site, the Blue Clay Road Industrial/Manufacturing facility has been submitted for TRC review and is proposed to have about 875,000 square feet of available space throughout the facility. Currently there is a TIA in progress, and trip distributions have not been finalized at this time. ENVIRONMENTAL • The property is not within a Natural Heritage Area or Special Flood Hazard Area. • The property is within the Prince George Creek watershed. Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class I (suitable/slight limitation), Class II (moderate limitation), and class III (severe limitation) soils. OTHER CONSIDERATIONS REPRESENTATIVE DEVELOPMENTS Representative Developments of R-20: Z22-06 Staff Report BOC 4-4-2022 Page 9 of 14 Board of Commissioners - April 4, 2022 ITEM: 17- 2 - 9 Representative Developments of Heavy Commercial Warehousing and Flex Space: Z22-06 Staff Report BOC 4-4-2022 Page 10 of 14 Board of Commissioners - April 4, 2022 ITEM: 17- 2 - 10 Context and Compatibility • This location provides an employment center where transportation access is reachable by employees because of the proximity to the airport and Interstate 1-140. • The property is located on a secondary road between the Wrightsboro commercial node and the Castle Hayne commercial node. • Properties east of the subject site have developed as a variety of light industrial uses due to the proximity of interstate 1-140 and railroad access. • The site plan incorporates required landscaping and transitional buffers adjacent to residentially zoned properties. • The development would have no impact on the school system. Z22-06 Staff Report BOC 4-4-2022 Page 11 of 14 Board of Commissioners - April 4, 2022 ITEM: 17- 2 - 11 2016 COMPREHENSIVE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County's future land use, as designated by place types describing the character and function of the different types of development that make up the community. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. Com' Commerce', one Ern ployment Center Urban,. a Mixed Use �General �-� Commune y Residential N'an=Han v iountw, NC Mixea lase Future Land Use Map Place Type Employment Center Serves as an employment and production hub where office and light Place Type industrial uses predominate. It can also include residential, civic, and Description recreational uses, but should be clearly delineated from rural and conservation areas. Commercial uses designed to serve the needs of the employment center are appropriate. The subject property is located east of Castle Hayne Road and north of Interstate I-140 on Hermitage Road. The Comprehensive Plan classifies the subject parcel as Employment Center. The intent of this place type is to promote fiscally responsible growth, support business success, and support workforce development and economic prosperity for all, while still providing the opportunities to conserve and enhance our unique sense of place to attract individuals, companies, and organizations. Employment Center place types are generally applied in areas like this that Analysis are intended to serve as employment and production hubs where office and light industrial uses are easily available. The subject parcel is approximately five miles from commercial services available at both the Airport Commerce employment center to the east and the Wrightsboro commercial node to the north. The project proposal of 11 buildings totaling a maximum 130,000 SF provides an appropriate transition between the existing I-1 to the east and the surrounding R-20 district. Z22-06 Staff Report BOC 4-4-2022 Page 12 of 14 Board of Commissioners - April 4, 2022 ITEM: 17- 2 - 12 The proposed rezoning from R-20 to (CZD) CS is generally CONSISTENT with the 2016 Comprehensive Plan, because it will allow for the types of Consistency commercial uses encouraged in the Employment Center place type and the Recommendation district is located within a transitional area and will provide a transition between light industrial uses to the east and current lower intensity development that may transition in the future. PLANNING BOARD MEETING The Planning Board considered this application at their March 3, 2022 meeting. No one spoke in support of or in opposition to the request. The Planning Board recommended approval of the petition (6-0) with the following condition: 1. The total square footage of business park flex space shall be limited to a maximum 130,000 square feet. The Planning Board found the application to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it will allow for the types of commercial uses encouraged in the Employment Center place type. The Planning Board also found recommending APPROVAL of the rezoning request is reasonable and in the public interest because the proposed district will provide a transition between light industrial uses to the east and current lower intensity development that may transition in the future. STAFF RECOMMENDATION Based on the recommended uses for Employment Center places, the context and compatibility with the immediate surrounding area, and the transition from existing light industrial uses to the east to potential future uses to the west, staff concurs with the Planning Board's recommendation of approval of this application and suggests the following motion with the applicant's proposed conditions: I move to recommend APPROVAL of the proposed rezoning. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it will allow for the types of commercial uses encouraged in the Employment Center place type. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposed district will provide a transition between light industrial uses to the east and current lower intensity development that may transition in the future. Applicant's proposed condition: 1. The total square footage of business park flex space shall be limited to a maximum 130,000 square feet. Z22-06 Staff Report BOC 4-4-2022 Page 13 of 14 Board of Commissioners - April 4, 2022 ITEM: 17- 2 - 13 Alternative Motion for Denial I move to recommend DENIAL of the proposed rezoning. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it will allow for the types of commercial uses encouraged in the Employment Center place type, I find DENIAL of the rezoning request is reasonable and in the public interest because the land use will adversely impact the adjacent residential areas. Z22-06 Staff Report BOC 4-4-2022 Page 14 of 14 Board of Commissioners - April 4, 2022 ITEM: 17- 2 - 14 Case: Site Address: Existing Zoning/Use: Proposed Zoning/Use: N Z22-06 312 Hermitage Rd R-20 (CZD) CS CZD,1�1 0&1 CIS RA CZD'0&1-- M _ r N Ilk ... =! r i R-20 6 ,,\ Zoning Districts B-1 AC R-5 EDZD CB 1-1 R-7 PD B-2 1-2 R-10 RMF-X CS AR R-15 RMFU SC RA R-20 UMXZ 0&1 R-20S ♦♦10 Ln ® Indicates Conditional Zoning District (CZD) (SOD See Section 5.7 of the UDO�^�— ♦ r` 0 0.1 0.2 Miles Incor orated Areas SHOD Board loners- " ♦� I I ❑ p .. . i .17-3-,1 Er Case: Site Address: Z22-06 312 Hermitage Rd Rural /- 7idMen tial A Place Types COMMERCE ZONE EMPLOYMENT CENTER GENERAL RESIDENTIAL URBAN MIXED USE COMMUNITY MIXED USE RURAL RESIDENTIAL CONSERVATION Existing Zoning/Use: R-20 Proposed Zoning/Use: (CZD) CS Employment ;.4 Residential:L Cff=F/V/ oTA7ri114, 22 un 0 0.1 0.2 Miles I i I 711 f fir?' dx' Tpti-� . .. £, �. O ,�•� .Madeline 1� r � 228 317 325 21 318 326 7� 312 20I • t :Ct �1 204 208 Initial Application Documents & Materials Board of Commissioners - April 4, 2022 ITEM: 17- 6 - 1 NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 1 10 Wilmington, North Carolina 28403 Telephone (910) 798-7165 FAX (9 7 0) 798-7053 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) Andy Etters Same as Applicant Company Company/Owner Name 2 Fast Tracts Wilmington, LLC Address Address 10808 Grassy Creek Place City, State, Zip City, State, Zip Raleigh, NC 27614 Phone Phone 919-449-8993 Email Email rebelfarms20l4@gmaii.com Board of Commissioners - April 4, 2022 Page 1 of 6 ITEM: 17- 7-donditional Zoning District Application — Updated 05-2021 2. Subject Property Information Address/Location Parcel Identification Number(s) 312 Hermitage Road R02500-002-003-000 Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification 29.39 Acres R-20; Nursery/Farm Land Employment Center 3. Proposed Zoning, Use(s), & Narrative Proposed Conditional Zoning District: (CZD) CS I Total Acreage of Proposed District: 29.39 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 4. Proposed Condition(s) Note: Within a Conditional Zoning District, additional conditions and requirements which represent greater restrictions on the development and use of the property than the corresponding general use district regulations may be added. These conditions may assist in mitigating the impacts the proposed development may have on the surrounding community. Please list any conditions proposed to be placed on the Conditional Zoning District below. Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process. Board of Commissioners - April 4, 2022 Page 2 of 6 ITEM: 17- 7-8onditional 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: Business Park (770) Trip Generation Use and Variable (gross floor area, dwelling units, etc.) Square Feet (130,000) 1 AM Peak Hour Trips: 183 I PM Peak Hour Trips: 187 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 Board of Commissioners - April 4, 2022 Page 3 of 6 ITEM: 17- 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 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 Board of Commissioners - April 4, 2022 Page 4 of 6 ITEM: 17- 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 ❑ This application form, completed and signed Application fee: Applicant Initial AE ❑ • $600 for 5 acres or less • $700 for more than 5 acres • $300 in addition to base fee for applications requiring TRC review AE ❑ Community meeting written summary AE ❑ Traffic impact analysis (if applicable) ❑ Legal description (by metes and bounds) or recorded survey Map Book and Page AE Reference of the property requested for rezoning Conceptual Plan including the following minimum elements: ❑ Tract boundaries and total area, location of adjoining parcels and roads • Proposed use of land, building areas and other improvements o For residential uses, include the maximum number, height, and type of units; area to be occupied by the structures; and/or proposed subdivision boundaries. o For non-residential uses, include the maximum square footage and height of each structure, an outline of the area structures will occupy, and the specific purposes for which the structures will be used. • Proposed transportation and parking improvements; including proposed rights -of -way and roadways; proposed access to and from the subject site; arrangement and access provisions for parking areas. • All existing and proposed easements, required setbacks, rights -of -way, and buffers. • The location of Special Flood Hazard Areas. • A narrative of the existing vegetation on the subject site including the approximate location, species, and size (DBH) of regulated trees. For site less than 5 acres, the exact location, species, and sized (DBH) of specimen trees must be included. • Approximate location and type of stormwater management facilities intended to serve the site. • Approximate location of regulated wetlands. • Any additional conditions and requirements that represent greater restrictions on development and use of the tract than the corresponding general use district regulations or additional limitations on land that may be regulated by state law or local ordinance AE ❑ 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. AE ❑ One (1) digital PDF copy of ALL documents AND plans AE Board of Commissioners - April 4, 2022 Page 5 of 6 ITEM: 17- 7-&nditional Zoning District Application — Updated 05-2021 T. 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 applic4le, 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. 0, 0�� k), (kcw,"A EJ'16V—r��' Signature of Property Owner(s) Print Name(s) Signature of Applicant/Agent Print Name Note: This form must be signed by the owner(s) of record. If there are multiple property owners, a signature is required for each owner of record. If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will be calendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. Pogo 6 of 6 Board of CommissionerCenti tiidnO12WFbg GlitrIct Application — Updated 03-2021 ITEM: 17- 7 - 6 PARAMOUNTE E N G I " E E fZ I N G, 1 N C. New Leaf Landing — Conditional Rezoning Application — Attachment 3. Proposed Zoning, Use(s), & Narrative Fast Tracts Wilmington, LLC, is proposing to rezone the 29.39-acre site, located at 312 Hermitage Road, from R-20 to a conditional CS district in order to develop a project consisting of flex space buildings and a nursery/wholesale landscape supply business. The flex space buildings will consist mostly of warehousing space with a small portion of the buildings reserved for office space in the front. The nursery/wholesale landscape supply business is already in operation on the site. A Traffic Impact Analysis for the proposal has been completed and approved by the WMPO and NCDOT. Required roadway improvements include installing new turn lanes on Heritage Road and Crowatan Road. 6. Conditional Zoning District Considerations 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. a. The proposal provides for employment opportunities in an area identified for employment hubs and industrial development by the Comprehensive Plan. The proposal is consistent with the Plan's goal of supporting business success, which recommends aligning the County zoning ordinances to encourage targeted businesses in appropriate areas. 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? a. The subject site is located within the Employment Center place type on the Comprehensive Plan's Future Land Use Map. The purpose of this classification is to identify "areas to serve as employment and production hubs, where office and light industrial uses are predominate." The types of uses appropriate for this place type include office, industrial, single and multi -family residential, commercial/retail establishments, and recreation uses. The proposed development will provide for employment and production opportunities as promoted in this area. Page 1 of 2 Board of Commissioners - April 4, 2022 ITEM: 17- 8 - 1 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? a. The adoption of the 2016 Comprehensive Plan identities the subject site and surrounding as Employment Center on the Future Land Use Map. b. The construction of 1-140 in the 2000s included an interchange on Castle Hayne Road, approximately 0.5 miles from Hermitage Road, allowing for easy access to the highway system and Wilmington metro area. 1 2 2 C I N E M A ❑ R I V E, W I L M I N G T❑ N, N C 2 6 40 3 P H ( 9 1 ❑) 7 9 1 - 6 7 ❑ 7 F A X: ( 9 1 ❑) 7 9 1 - 6 7 6 ❑ Board of Commissioners - April 4, 2022 ITEM: 17- 8 - 2 F7inI Fonn L � NEW HANOVER COUNTY Y F ~ { PLANNING & •• -JI LAND USE I UTHORITYFOR — -A PP0JjVTME2VT OF A CrE�VT 230 covernmcn[ CmtcT J)ri, sijite t I Wihm'-arm N IC Mi)3 910-7"-'7165 phcax 910-793-7053 fu€ www.nhegov-gym PURSE nab that for quasi j"dicial p"peeWingi, either th-e land OWDer -Or :an ;tttOrrIVY mast ba< Pre -u# for the caNv at the public hearijigr the lui&mgned OW= apes hereby appoint an atu ori-xl the k!:�erlt dcs�crib,.l herein, as their exclusive agcnt for the purpose of pc6ticming New Hanpycr Cola ty for a vaziance3 spcc -13, � p4-rnurC-zrsr r" ucst, ar16 c7r an aPPOA of tafl` dccisior�S :rpplicabE tlrc rcxpc rty d ribcd i, the =Fubcd Pe6bilin- The Ag=t it: }icwby authOr3'2 to, oil beWfof the propWy .0Wrkerr_ i . Suhmrt x proper PcEtim and the m quirW suppl racntal in Fimati :txMd l -rials 2. Appeal at pub] to m�•�.•tir t Pvc rTTe sgmtatiori and commitments on behalf (, f the property r wrw 3. Act w the pnoPorcY owf�W-s behalf without 1knitaticrus with roar" to arty anal all tf ]W d31rwly or indiT=Cy conno acd with ar arising Out of any pc[itiori appjicabit� to the brew flat ver County Zoning 0minNgcC. Ant Ioi`orrMtaGboa y 1��' owner(q) rw�R.s oypner tiiqx _ Fast Trams Wilmirkitorr, LLC �J-w•oer �� ; ParammInte Engn$edng, [nc William "Andy- Ett-m {re4ist( 4"FV s 122 Cirkem wive m&Z ziip AlkMington HC 28493 )10-751-6707 awgehre monC:�pararrrpl, i'lu-eng-ccm (7-0W.V7unber Rrfrrfa0ax: Ael<Lrrss -- 1080B Grassy creek Pjare City, sti I fop RAkffgf,. NC 27614 Phape 11 !4-4 49 #3 �txeFFarrr f�rM�]e�_flver, Lrutemmu-� ficei-red= sabj&t Property _ 312 Herntiitage Road CJtY,SRISLL--,ATAP agent) Castle Ha} w, NC 2W9 Parcel 1D RI)2 -0O2 3-:Iiio0 R�t'errrd Fn•- This docl anon t was ;,+nil I full} emcutard on the 4� clay Of Fe '-' , 20 2 01WHrI Skp UM Gwaer 2 Sigrlatw-e Board of Commissioners - April 4, 2022 ITEM: 17- 9 - 1 no Book 6274 Page 1772 BK: RB 6274 IIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIII IIII C 777 RE2019043064 NC FEE $26.00 RECORDED: DEED: 12-31-2019 NEW HANOVER COUNTY, NC 04:27:56 PM TAMMYTHEUSCH BEASLEY BY: STEPHANIE PEREZ REGISTER OF DEEDS DEPUTY Excise Tax: $O,00 Recording time, Book and Page: Tax Parcel No.: R02500-002-003-000 Prepared By: Clifford N. MacDonald / THE MACDONALD LAW FIRM, PLLC 1508 Military Cutoff Rd., Suite 102 Wilmington, NC 28403 (no title search by prepares) Grantor's Address: 6408 Leesville Road, Durham NC 27703 Grantee's Address: 10.808 Grassy Creek Place, Raleigh NC 27614 If checked, the property includes the primary residence of at least one of the Grantors. (NCGS § 105-317.2) STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER THIS DEED, is made this day of � C--Gt�,!0-Gr , 2019, by and between THE HEDGEHOG GROUP, LLC, a North Carolina limited liability company, Grantor, and FAST TRACTS WILNUNGTON, LLC, a North Carolina limited liability company, Grantee. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. W-I--T--N-E S S E T H: NOW THEREFORE, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has granted, bargained, sold and conveyed and by these presents does hereby grant, bargain, sell and convey unto the said Grantee, his heirs and assigns, in fee simple, all that certain lot or parcel of land situated in the County of New Hanover, and State of North Carolina, and more particularly described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. Together with all and singular the tenements, hereditaments and appurtenances thereunto. belonging, or in anywise appertaining. Board of Commissioners - April 4, 2022 ITEM: 17- 10 - 1 Book 6274 Page 1773 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, other than the following exceptions: 2019 ad valorem taxes; easements and restrictions of record, if any; and ordinances and municipal building code restrictions, if any. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. THE HEDGEHOG GROUP, LLC a North Carolina limited liability company By: /�� a A;;) William Etters STATE OF NORTH CAROLINA COUNTY OF ueL,.� A-o�ye.O' I, the undersigned Notary Public of the County and State aforesaid, certify that WILLIAM ETTERS, Member of THE HEDGEHOG GROUP, LLC, a North Carolina limited liability company, personally appeared before me this day and acknowledged the due execution of the foregoing instrument ,for the purposes expressed therein. Witness my hand and Notarial. stamp or seal this the 3P day of l�e�+-� , 2019. My commission expires: U o o� Nota - -Public KATHLEEN M WEIDLE �. Notary Public New Hanover,Co., North Carolina My Commission Expires June 13, 2024 Board of Commissioners - April 4, 2022 ITEM: 17- 10 - 2 Book 6274 Page 1774 EXHIBIT "A" BEGINNING AT an iron pipe in the western line of the Hermitage Tract, said pipe being located South 03 degrees 02 minutes 30 seconds Rest along the western line 1323 feet from the southeastern corner of Farm No.126 of the Marathon Colony as shown on the official map thereof, and said pipe being also in the center line of a ditch as shown on the plat and survey hereinafter referred to; running thence from said point of Beginning Berth 86 degrees 24 minutes Best 602.00 feet to an iron pipe, the souteastern corner of Farb go. 120 of Marathon Colony; thence North 86 degrees 30 etinutes West in the southern line of said Farm No. 120, 441.50 feet to an old iron pipe in the southeastern corner of Fat* No. 119 of Marathon Colony; thence with the easten line of said Farm No. 119, North 01 degree 52 minutes East 1243.11 feet to an iron pipe in the southern line of an 18-foot road shown on the official map of Marathon Colony; thence South 84 degrees 27 minutes 30 seconds East in the southern .line of said road 474.00 feet to an iron pipe, the northeastern corner of Farm No. 120 of Marathon Colony, said corner being also in the southern line of Farm 126; thence with the southern line of Farm 126 of Marathon Colony, Borth 84 degrees 17 minutes 30 seconds East 602.00 feet to an iron pipe, the southeastern corner of said Farm No. 126, said point being also in the vestern line of the aforementioned Hermitage Tract; thence with the vestern line of the Hermitage Tract, South 03 degrees 02 minutes 30 seconds West 1323.0 feet to the point and place of BEGINNING- and being the "property of Wilmington Junior Chamber of Comerce, Inc.", containing 30.47 acres, more or less, as per survey sap thereof by Robert H. Goslee, Registered Land Surveyor, dated November 1972 and recorded in Hap Book 14 at page 7, New Hanover County Registry, to which reap reference is hereby made for a more particular description of sane. SUBJECT TO, H WMR, a 30 foot easement over the northern end of the eastern portion (containing 17.51 acres) of the above described property as shown on the aforementioned survey sap, which easement is more particularly described as follows: {CONTINUED ON FOLLOWING PAGE} Board of Commissioners - April 4, 2022 ITEM: 17- 10 - 3 Book 6274 Page 1775 BEGINNING at an iron pipe, the southeastern corner of farm No. 126 of Marathon Colony, said point being in the Western tine of the Hermitage Tract, and running ' thence with the Western line of the Hermitage Tract South 03 degrees 02 tainutes 30 seconds West 30.55 feet; thence South 84 degrees 17 minutes 30 seconds West 602.16 feet to the eastern lute of farm No. 120 of Marathon Colony; thence North 03 degrees 21 minutes Bast in the said eastern line of said Farm No. 120 30.37 feet to an iron pipe in the southern line of the aforementioned Farm No. 126; thence with the southern Line of Farm No. 126, North 84 degrees 17 minutes 30 seconds East 602.00 feet to the point and place of BEGINNING, containing 0.41 acres, more or less. SUBJECT, ALSO TO the lease of a 15 foot easement to the State of North Carolina through the North Carolina State University Agricultural. Experimental Station, said easement being described as follows: BEGINNING at an old Iron pipe in the Southwestern corner of the 30.47 acre tract described herein above and running thence in the south boundary of said tract, South 86 degrees 30 minutes East 441.5 feet to an iron pipe; thence South 86 degrees 24 minutes East 208.5 feet; thence North 03 degrees 36 minutes East 15 feet; thence North 86 degrees 24 minutes Nest 210.53 feet; thence North 86 degrees 30 minutes West 439.93 feet to a point in the Western line of the 30.47 acre tract described herei.nabove;, thence with said western line South 01 degree 52 minutes West 15.01 feet to an old iron pipe, the point and place { CONTINUED ON FOLLOWING PAGE} Board of Commissioners - April 4, 2022 ITEM: 17- 10 - 4 Book 6274 Page 1776 of BEGINNING. said easement contaiuing 0.223 acres, sure or less, and being described as a Lease Agreewat recorded in Book 802 at Page 785, New Hanover County Registry. See also the Lease Agreenent recounted in Book 1401 at page 1728, lieu Hanover County Registtg. ALSO SiTB. MT TO a rfgbt of gray of Dirk Smart and wife, as recorded in Book 94A at Page 884, lieu Hanover County Registry. Being also the saw property couveyed or intended to be cmveyed to Cath+er:U* H. 8tanga by Warranty Deed dated November 29, 1975 recorded in 1 wk 1083 at page 208. New Hanover County Registry. The same having New Hanover County Parcel ID # R02500-002-003-000 and being known as 312 Hermitage Rd., Castle Hayne, NC 28429. Board of Commissioners - April 4, 2022 ITEM: 17- 10 - 5 Book 6274 Page 1777 TAMMY THEUSCH BEASLEY New Hanover County Register of Deeds Register of Deeds 320 CHESTNUT ST SUITE 102 • WILMINGTON, NORTH CAROLINA 28401 Telephone 910-798-4530 • Fax 910-798-7716 7. r j r''�atrtinto" ************************************************************************************************************ State of North Carolina, County of NEW HANOVER Filed For Registration: 12/31/2019 04:27:56 PM Book: RB 6274 Page: 1772-1777 6 PGS $26.00 Real Property $26.00 Recorder: STEPHANIE PEREZ Document No: 2019043064 DO NOT REMOVE! This certification sheet is a vital part of your recorded document. Please retain with original document and submit when re-recording. Board of Commissioners - April 4, 2022 ITEM: 17- 10 - 6 Concept Plan Board of Commissioners - April 4, 2022 ITEM: 17- 11 - 1 NEW LEAF LANDING HERMITAGE ROAD NEW HANOV R COUNTY, NORTH CARO INA CONDITIONAL REZONING SITE PLAN NOTICE REQUIRED ALL EXISTING UNDERGROUND UTILITIES SHALL BE PHYSICALLY LOCATED PRIOR TO THE BEGINNING OF ANY CONSTRUCTION IN THE VICINITY OF SAID UTILITIES. CONTRACTORS SHALL NOTIFY OPERATORS WHO MAINTAIN UNDERGROUND UTILITY LINES IN THE AREA OF PROPOSED EXCAVATION AT LEAST TWO WORKING DAYS, BUT NOT MORE THAN TEN WORKING DAYS PRIOR TO COMMENCEMENT OF EXCAVATION OR DEMOLITION. CONTRACTORS SHALL CONTACT OVERHEAD ELECTRIC PROVIDER TO COMPLY WITH FEDERAL OSHA 1910.333 MINIMUM APPROACH DISTANCE TO ENERGIZED POWERLINES AND OSH 29 CFR 1926.1407-1411 MUST BE FOLLOWED. CONTACT THESE UTILITIES NEW HANOVER COUNTY PLANNING DEPARTMENT PH: 910-798-7165 PIEDMONT NATURAL GAS ATTN: CARL PAQUET PH: 910-350-2242 EMERGENCY DIAL 911 POLICE - FIRE - RESCUE Know what's below. Call before you dig. CFPUA (WATER & SEWER) PH: 910-332-6550 DUKE ENERGY PROGRESS GENERAL PH: 1-800-452-2777 AT&T ATTN:STEVE DAYVAULT PH: 910-341-7664 SPECTRUM GENERAL PH: 800-892-4357 FE-.BRUAR S 2022 APPLICANT: FAST TRACTS WILMINGTON, LLC 10808 GRASSY CREEK PLACE RALEIGH, NC 27614 JI Q_ r Ll IZ HE MITAGE ROAD 1=1 lui X VICINITY MAP 1 " = 2000' NORTH NEW LEAF LANDING CONDITIONAL REZONING SITE PLAN PROJECT # 18248.PE PROPERTY OWNER: FAST TRACTS WILMINGTON, LLC 10808 GRASSY CREEK PLACE RALEIGH, NC 27614 FEBRUARY 22, 2022 APPLICANT: FAST TRACTS WILMINGTON, LLC 10808 GRASSY CREEK PLACE RALEIGH, NC 27614 PROJECT CONSULTANTS ENGINEER/ LAND PLANNER/ LANDSCAPE ARCHITECT CII�\/CV/l� PARAMOLINTE ENGINEERING, INC. PARAMOLINTE ENGINEERING, INC. 122 CINEMA DRIVE 122 CINEMA DRIVE WILMINGTON, NC 28403 WILMINGTON, NC 28403 CIVIL: TIM CLINKSCALES, PE (910-791-6707) JOSH TAYLOR, PLS (910-791-6707) LANDSCAPE ARCHITECT: ALLISON ENGEBRETSON, RLA (910-791-6707) SHEET INDEX SHEET NUMBER SHEET TITLE C-0.0 COVER SHEET EX-1 EXISTING CONDITIONS C-2.0 CONDITIONAL REZONING SITE PLAN PREPARED BY: PARAMOUNTE E N G I N E E F, I N G, I N C. 122 Cinema Drive Wilmington, North Carolina 28403 (910) 791-6707 (0) (910) 791-6760 (F) NC License #: C-2846 CARp��%�'/ °OFFS° 9l9 028847 _= ii1111 G. C l 1' Board of Commissioners - April 4, 2022 ITEM: 17- 12 - 1 7 GPI �'�Tq 17 �Ro HERMITAGE RD SITE P��o tiwy, �o VICINITY MAP (NOT TO SCALE) SITE DATA PROJECT NAME & ADDRESS PROPERTY OWNER: HERMITAGE ROAD DEVELOPMENT 312 HERMITAGE ROAD CASTLE HAYNE, NC 28429 FAST TRACTS WILMINGTON LLC RALEIGH, NC 27614 TOTAL SITE ACREAGE: ±29.39 ACRES (±1,280,228.40 SF) PID: 322008895548000 CURRENT ZONING: R-20 (RESIDENTIAL 20) CURRENT USE: FARM LAND / NURSERY / LANDSCAPE SUPPLY NOTES 1. AREA CALCULATED BY COORDINATE METHOD. 2. ALL ELEVATIONS ARE (NAVD 88) 3. THIS PARCEL IS NOT LOCATED WITHIN A SPECIAL FLOOD HAZARD AREA AS SHOWN ON FEMA FLOOD MAP NO. 3720108800K & 3720322100K BEARING AN EFFECTIVE DATE OF 8/28/2018. 4. UTILITIES AS SHOWN ARE PLOTTED FROM INFORMATION VISIBLE IN THE FIELD AND FROM INFORMATION PROVIDED BY UTILITY COMPANIES. ADDITIONAL UTILITIES NOT SHOWN MAY EXIST. THE APPROPRIATE UTILITY COMPANIES SHOULD BE CONTACTED PRIOR TO LAND DISTURBING ACTIVITIES. 5. THIS LOT IS SUBJECT TO ALL UTILITY EASEMENTS, RESTRICTIONS, OR COVENANTS OF RECORD. 6. CONTOUR INTERVAL =1". Board of Commissioners - April 4, 2022 HERMITAGE ROAD R/W EXISTING PROPERTY LINE 6ZR� 6Z � gZ -9E:—`� N80° — — 6F HERMITAGE ROAD- —� - — m:_ �- =G__ , - -a7a oo' — 60' PUBLIC R/W N _WS o£- �29 —cZ-DITr'.W Z --S 88'35'41" E_ - iPr 6Z— � g- X X _8Z_ ee� �SZ X X 8Z�_ le cmN - �"" 1 0 X 1 11 2q� -8Z'- X iX -------- EXISTING POWER LINE EXISTING DIRT/GRAVEL ROAD EXISTING WELL EXISTING DITCH, TYP 0ZA A 0 n A COA�Zno �mN�AOn�i I p°�jZo o �D x \'f —30 � X IV--65 f I`\ 3y�E �\ x 1 � X- x x 1 _� x - - X X 18y.PI�NE 22PINE �32 � 32� X / ££— C _ —ZE 32� —33 — -34- X 36 � � r 34� �35 / 8 36 ,35 I. -37 3 � 18�Py�IN.E 13PINE 1 NOEGGUM X y/ v —35 /"� m X � \�— X X ZPIN PINE 35� I X 32PINEJA 26PINC�11� " X —/ iSPINE-.yam 12PINE� �36� 9E 1 X �3'j _18PINE_* 13PINE 12PPIINE 22PINE �#1144''4 INE.d` I/ 1 x X x 15PINEO'yN� 12P E 13PINE O 13PI E* / 12PINE3E33PI 13 E II 13PIX 0 13PINE I2PINE 3i 0 P 1 III \ 8CLUSTtM C M� X Tx X 3q X 3�� x 18PINE PINE 9 E / w ^pil 17PINEE NE X X 17PINKf X X 13PINE \ �/ X X 11/ X 3 , 9 <, /x x Ix x x �I x / X X X .... ...... . X \/ X ��� E 15'EASEMENT -M.S. 14, PG 9E_ x 9GIJM9 36 / 19E 440.54' R02507-002-001-000 :NERAL ELECTRIC CO. D.B. 807, PG. 569 ZONED: R-20 LAND USE: VACANT EXISTING TREELINE W N89°19'48"E EXISTING TREE, TYP. 401.01(TIE) x X o � Z o 00.O > -aao O= y w M Z N NgZOD cYW . m NO m 5 of � 0 IPF IRON PIPE FOUND BOUNDARY LINE 0 IRE IRON ROD FOUND - - ADJOINING BOUNDARY LINE 0 IRS IRON ROD SET RIGHT OF WAY OO PIKE PK NAIL FOUND 100-YR 100-YR FLOOD LINE 0 PKS PK NAIL SET —X—X— EXISTING FENCE o CMF CONCRETE MONUMENT FOUND 30 EXISTING CONTOURS 0 CP COMPUTED POINT SCALE: 1 "=100' 0 50 100 200 300 400 z 0 co w U z Q U H N-I 2i O z z CIA w w cU U W Ifni, U ow O L z _ 000 N p z ^ Q V O W U w z N � O Ti 4M z Ill � O H � O H 04 o (D U N O (� 04 U H Z N ji 0 04 Q 0 = U Z NQ N 0 LL 00 o J J 0 Z } z 0 a<(�LL U �Qo o ID ILL>Z_ o ILL ILLg U 0 U J_ W > Z Z Q w_ J 9� U Od Elm 0u 00U SEAL EX-1 PEI JOB#: 18248.PE c O� R Q O H R ITAGE ROA Q SITE S J Q U 7NT �OPO Tq VICINITY MAP 1 " = 2000' NORTH PROPERTY LINE CROSSES ROAD; ASSUME 10' X 70' SIGHT TRIANGLE, TYP. STREET YARD AND FRONT SETBACK PROPOSED PARKING AREAS WITH OFFSET FROM EXISTING ROAD ROW 18 - EXISTING CONTOUR 9' X 18' PARKING STALLS, TYP.; MAIN ENTRANCE USING - PROPOSED SETBACKS LOCATION AND DESIGN MAY VARY EXISTING SITE DRIVEWAY - PROPOSED BUFFER DURING TRC REVIEW --M- o PROPOSED POND OUTLINE - gp°15'p3° E X X FENCE W W WATER LINE - - FIRE HYDRANT ASSEMBLY r � PROPOSED DUMPSTER, TYP.; BUILDING HATCH LOCATIONS MAY VARY; SCREENING WILL S 88°35'4 " E BE PROVIDED PER UDO REQUIREMENTS T YARD_ GRAPHIC SCALE I -=REE TBA K 37.5�� 0' 30' 60' 120' 240' I- _ 37.5_STREET YARD___ SECONDARY ENTRANCE TO SCALE: 1 "-60' FFF 39' FRONT SETBACK • _ - - I 1s' PARCEL VIA HERMITAGE ROAD I CONDITIONAL REZONING NOTE 49.1 ALL DESIGN ELEMENTS SHOWN ON THIS PLAN CONVEY THE GENERAL INTENTION OF THE I :: ANTICIPATED PHASES BROKEN PROPOSED DESIGN AND MAXIMUM AMOUNT OF BUILT AREA ANTICIPATED; DESIGN MAY "z w w W w w W W w W 9, w w w W w W INTO 3-4 BUILDING GROUPS REQUIRE MINOR DEVIATIONS DURING DESIGN DEVELOPMENT, BUT ALL DESIGN WILL I ® ® ® �T ® o 18' PER PHASE o zz COMPLY WITH THE TERMS OF APPROVAL FOR THE CONDITIONAL ZONING PLAN AND WITH �" � - � q � z �' M � U NEW HANOVER COUNTY'S UDO. UDO SECTION 10.3.3.C.7.b FURTHER IDENTIFIES EXTENT OF w = I U o c7 c� = j CHANGE ALLOWED BEFORE REQUIRING ADDITIONAL BOARD REVIEW. PLANS WILL BE I Q> I- I I o O W a a o w REVIEWED BY TRC AND REGULATORY AUTHORITIES TO ENSURE COMPLIANCE WITH = m I a I -- a z M CO o 0 APPLICABLE ZONING REGULATIONS AND LOCAL AND STATE REGULATIONS. I -1--L- ? --�-�----1--L- Z---1--L- �'' I W ❑ I N z co 0o N Q I I I I I I Q I I I L I ��oo2 a SITE DATA PROPOSED STORMWATER POND SHOWN FOR I 1 0 I I I I 1 1 O 1 1 1 REFERENCE ; ADDITIONAL DESIGN AND 1 1 w 1 1 1 1 1 1 0 1 1 1 PROJECT NAME & ADDRESS NEW LEAF LANDING, LLC Q w 312 HERMITAGE ROAD PERMITTING IS REQUIRED TO DETERMINE FINAL I 1 1 1 1 1 2 1 1 1 3 1 SHAPE, SIZE, AND LOCATION 1 1 = 1 1 1 1 1 1 = 1 1 1 CASTLE HAYNE, NC 28429 I 1 1 cn 1 1 1 1 1 1 1 1 1 PROPERTY OWNER: FAST TRACTS WILMINGTON LLC I ' J 10808 GRASSY CREEK PLACE 1 RALEIGH, NC 27614 TRUCK LOADING / UNLOADING AREA, TYP. TOTAL SITE ACREAGE: ±29.39 ACRES (±1,280,228.40 SF) I I SEPTIC I I SEPTIC I _ _ _ _ PROPOSED TYPICAL SEPTIC I - - - I - - - r r PID: 322008895548000 LOCATIONS AND SIZE; I SEPTIC I SEPTIC I------ I - - - - I - - - CURRENT ZONING: R-20 (RESIDENTIAL 20) DESIGN T.B.D. 7 - - - - J 1 PROPOSED ZONING: CS (COMMERCIAL SERVICES) SEPTIC I I I - - - - DUMPSTER r > t CURRENT USE: FARM LAND / NURSERY / LANDSCAPE SUPPLY - - - - J CORRAL PROPOSED USE: WAREHOUSING / FLEX SPACE / NURSERY / LANDSCAPE SUPPLY I I SEPTIC I � 1 / 18, BUILDING & SITE DESIGN INFORMATION I PHASE 1 - - - - J , 91 M M LEGEND WHEN DESIGNED, FLEX SPACE BUILDINGS MAY SHIFT BUILDING AREA WITHIN THE PHASE 2 BUILDINGS OR PROVIDE A VARIETY OF BUILDING SIZES (NOT TO EXCEED THE I TOTAL AMOUNT OF BUILDING AREA LISTED ON THIS PLAN). FOR THE PURPOSE OF THIS CONDITIONAL REZONING, WE SHOW THE MAXIMUM AMOUNT OF BUILDING I PROPOSED AREA CONTEMPLATED FOR THIS PROJECT. REGULATORY OR MARKET CONDITIONS STORMWATER MAY DICTATE BUILDING AN ALTERED CONFIGURATION THAN SHOWN THIS PLAN. IF FUTURE PLANS EXCEED THE SQUARE FOOTAGE PRESENTED ON THIS PLAN, IT I POND WILL REQUIRE BOARD APPROVALS. EXISTING WELL TO BE ABANDONED WHEN NURSERY WELL INSTALLED & MAXIMUM NUMBER OF PROPOSED BUILDINGS: 11 PRIOR TO CONSTRUCTION OF BUILDING PROPOSED BUILDING SIZES: 5 &ADJACENT PARKING cn ; I p D O BUILDING 1: ± 9,000 SF > io BUILDING 2-11: ± 12,000 SF EA 12> Z A m= o TOTAL BUILDING SF ON SITE: ± 129,000 SF [7-o o � z n o I � `� CS DIMENSION STANDARDS �' o o cmN,,, REQUIRED PROVIDED LOT AREA MINIMUM: 7,500 SF +1,280,228 SF o LOT WIDTH MINIMUM: 65' 1,076.52' I� FRONT SETBACK: 35' 39' o SIDE SETBACK MINIMUM (STREET): 17.5' N/A Im m LOADING SIDE SETBACK MINIMUM (NON-RESIDENTIAL ZONED LAND): 7' 11' W m AREA SIDE SETBACK MINIMUM (RESIDENTIALLY ZONED LAND): 30' 34' ITn D REAR SETBACK MINIMUM (GENERALLY / NON-RESIDENTIAL ZONED LAND): 15' 19, REAR SETBACK MINIMUM (RESIDENTIALLY ZONED LAND): 35' 39' TYPICAL PROPOSED FLEX SPACE MAXIMUM BUILDING HEIGHT*: 35' 40' BUILDING WITH MIXTURE OF *BUILDINGS HAVING A HEIGHT OVER 35 FEET ARE SUBJECT TO ADDITIONAL SETBACKS AND BUFFER USES ANTICIPATED; PLAN _ YARDS OF 4 ADDITIONAL FEET. MAXIMUM SETBACKS SHOWN THIS PLAN TO DEMONSTRATE THE SHOWS OFFICES IN THE FRONT w w SITE CAN ACCOMMODATE ALL DISTRICT SETBACK REQUIREMENTS. AND WAREHOUSING IN THE BACK I BUT SIZE AND LOCATION MAY = _ PARKING DATA*: VARY TO MEET MARKET DEMAND I w d WAREHOUSING: 1.5 PER 1,000 SF = 155 SPACES MIN. ± 103,200 SF PROPOSED FENCED LAYDOWN OFFICE: 3 PER 1,000 SF = 77 SPACES MIN. YARD LEASED FOR TENANTS ± 25,800 SF OF THIS DEVELOPMENT; I TOTAL MIN. REQUIRED: 232 SPACES LOCATION AND SIZE T.B.D. TOTAL PROVIDED: 258 SPACES TOTAL ADA PARKING REQUIRED: 7 SPACES BUFFERS (SECTION 5.41 I F_ - - - - 1. A TYPE A OPAQUE BUFFER IS REQUIRED FOR A COMMERCIAL USE TOTAL ADA PARKING PROVIDED: 11 SPACES ADJACENT TO SINGLE-FAMILY DETACHED OR TWO-FAMILY (DUPLEX) 4 SEPTIC *PARKING DATA NOTE: DATA IS LISTED HERE TO DEMONSTRATE REQUIRED DWELLING UNITS; UNDEVELOPED LAND IN RA, AR, R-20S, R-20, R-15, PARKING FOR THE ANTICIPATED BUILDING USE/AREA CAN BE ACCOMMODATED ON R-10, R-7, OR R-5 ZONING DISTRICTS. I SITE. CHANGES TO PARKING MAY OCCUR IF BUILDING AREA OR USE REDUCES OR OPTION 1: VEGETATION ONLY ALTERS. TRC REVIEW WILL ASSURE THE PLAN IS COMPLIANT WITH UDO. 20' WIDE AND A MINIMUM OF 3 ROWS OF PLANTED MATERIALS 6FT TALL AT TIME OF PLANTING I�I PHASING I I 1. DEVELOPMENT TO BE CONSTRUCTED IN PHASES OF 3-4 BUILDINGS PER PHASE OPTION 2: COMBINATION FENCING AND VEGETATION 2. PHASE 1: ANTICIPATE 45,000 TOTAL BUILDING SQUARE FOOTAGE 15' WIDE AND FENCING SHALL BE BETWEEN 6 TO 10 FEET IN I APPROXIMATE LOCATION OF 3. PHASE 2: ANTICIPATE 48,000 TOTAL BUILDING SQUARE FOOTAGE HEIGHT. IF SOLID FENCING IS USED, PLANTED MATERIALS A I FUTURE PROPERTY SUBDIVISION 4. PHASE 3: ANTICIPATE 36,000 TOTAL BUILDING SQUARE FOOTAGE MINIMUM OF THREE FEET IN HEIGHT AND PROVIDING A MINIMUM LINE KEEPING EXISTING NURSERY OF APPROXIMATELY 50 PERCENT VISUAL OPACITY AT INITIAL I I / WHOLESALE LANDSCAPE SUPPLY TRAFFIC IMPACT ANALYSIS PLANTING SHALL BE REQUIRED. VEGETATION SHALL BE I I THIS PROJECT HAS A WMPO/NCDOT APPROVED TIA DATED 6-17-21 PREPARED BY RAMEY PLANTED BETWEEN THE FENCE AND THE NONRESIDENTIAL OR KEMP &ASSOCIATES, INC. ATTACHED STRUCTURE IF THE REQUIRED BUFFER IS 15 FT. OR IREQUIRED IMPROVEMENTS WILL BE INSTALLED BY DEVELOPER IN ACCORDANCE WITH THE LESS IN WIDTH TO ACCOMMODATE REGULAR MAINTENANCE.IF PERMEABLE FENCING IS USED, A MINIMUM OF TWO ROWS OF TIA APPROVAL. PLANTED MATERIALS PROVIDING APPROXIMATELY FULL I I U FLOOD NOTE: OPACITY WITHIN ONE YEAR OF PLANTING ARE REQUIRED. I 2. BUFFER OPTION WILL BE SELECTED AND DETAILED ON TRC PLANS. I d THIS TRACT IS LOCATED IN FLOOD ZONE X ACCORDING TO FEMA FLOOD MAP NUMBERS LLl 3720322000K & 3720322100K, PANEL NUMBERS 3220 & 3221, WITH A DATE OF AUGUST 28, 2018. PROJECT SCREENING I L U WETLAND NOTES 1. SCREENING FOR ALL LOADING/UNLOADING AREAS, HVAC UNITS, WETLANDS ON SITE HAVE BEEN REVIEWED BY ARM ENVIRONMENTAL CONSULTANT. DUMPSTERS, AND OUTSIDE STORAGE AREAS WILL BE CONSISTENTWITH SECTION 5.4.4 OF THE LIDO. I HISTORICAL & ARCHAEOLOGY NOTES STREET YARD STANDARDS I 1. NO KNOWN HISTORIC OR ARCHEOLOGICAL SITES EXIST ON THE SUBJECT PARCEL. 1. STREET YARD AREA SHALL BE REQUIRED IN ACCORDANCE WITH THE I UTILITIES AND STORMWATER NOTES SPECIFICATIONS OUTLINES IN TABLE 5.4.6.B. STREET YARDS MAY BE 1. UTILITIES SHOWN ON PLAN ARE PRELIMINARY AND WILL BE FULLY ENGINEERED LOCATED WITHIN ANY REQUIRED SETBACK. I I DURING SITE DESIGN DEVELOPMENT 2. FOR CS ZONING, 25 SQUARE FEET OF STREET YARD IS REQUIRED FOR 2. CFPUA WILL SUPPLY WATER TO SITE. EVERY LINEAR FOOT OF STREET YARD FRONTAGE; MINIMUM WIDTH OF 3. NURSERY WILL INSTALL A WELL AT WHICH TIME THE EXISTING WELL NEAR BUILDING 12.5' AND MAXIMUM WIDTH OF 37.5'. PROPOSED 5 WILL BE ABANDONED. 3. FOR EVERY 600 SQUARE FEET OF STREET YARD, ONE CANOPY/SHADE I STORMWATER 4. WATER FLOW SHALL BE PROVIDED TO MEET NC FIRE PREVENTION CODE. TREE OR IF OVERHEAD POWER LINES ARE LOCATED ABOVE THE I POND 5. BUILDINGS WILL BE DESIGNED IN COMPLIANCE WITH NC BUILDING CODE AND LOCAL STREET YARD, THREE UNDERSTORY TREES, AND SIX SHRUBS, 12 FIRE REQUIREMENTS. INCHES IN HEIGHT AT TIME OF PLANTING. I 6. SEPTIC SYSTEMS WILL PROVIDE WASTEWATER TREATMENT FOR SITE. STREETLIGHT NOTES w� \ w w \ni- - w- - w w w N � \ w = cn D 1 = M ------� 1 18' 5 18'� ------1 WIDE DRIVE i ® WIDE DRIVE r ® AISLE TO 7 AISLE TO ACCOMMODATE - - - - _ _ I ACCOMMODATE TRUCK TRAFFIC r TRUCK TRAFFIC THROUGH SITE I THROUGH SITE I� 1117'. M - - - - - - L POTENTIAL LOADING AREA I 6 1 1 18' w w w v w x ® I M M M� 9 � N cnD = M I W I W I W I W I I I L--I L--I L--I L--I I� IJ 19REAR SETBACK 7. WASTEWATER COLLECTION SYSTEM WILL ROUTE FROM BUILDINGS TO DESIGNATED 1. STREETLIGHT LOCATIONS SHOWN ON PLAN ARE PRELIMINARY. FINAL DESIGN, I SEPTIC AREAS DESIGNED AND SIZED SPECIFIC TO BUILDING SIZE/FLOW AMOUNTS. LOCATIONS, AND CALCULATIONS WILL BE PROVIDED AND SHALL NOT BE 8. APPLIED RESOURCE MANAGEMENT (ARM) CONDUCTED A SOIL SUITABILITY ANALYSIS LOCATED OR INSTALLED SO AS TO SHINE DIRECTLY ONTO RESIDENTIAL I I TO DETERMINE SUITABLE SEPTIC AREAS AS SHOWN ON PLAN. ARM WILL WORK WITH PREMISES. - DEVELOPER TO LOCATE AND DESIGN SYSTEMS APPROPRIATELY. 9. STORMWATER SHOWN ON SITE WILL BE FULLY ENGINEERED DURING DESIGN SITE SIGNAGE L_ - DEVELOPMENT TO MEET LOCAL AND STATE REQUIREMENTS. ALL STREET AND BUILDING SIGNAGE TO BE PERMITTED BY OWNER WITH NEW 10. STORMWATER PONDS ARE INTENDED TO SUPPLY IRRIGATION FOR NURSERY. HANOVER COUNTY. S 89'25'18" W 440.54' Board of Commissioners - April 4, 2022 39' FRONT SETBACK - NURSERY BUILDING EXISTING NURSERY 39' REAR SETBACK 24' REAR BUFFER 197.75' / I J------ 1 LOADING J------ AREA 1 1 I 9 g I �I Q co NW co Lu 0 cn I� m o I> rQ IN I •moo}>C'7 Q C5 aoQ o�w�zcwn oZoLoOJ NoVmNz o 6 Q cn � � ® C18' ® � 18, O w CD ooY�co Q0�N�U I"'1 �0LLaao> cry oZz �Q In JQ � ❑ �YW ❑ mO� �1 Y o o m z � o J PROPOSED FIRE HYDRANT, TYP.; LOCATION MAY VARY PENDING REGULATORY REVIEW PROPOSED WATER LINE, TYP.; EXACT LOCATION AND DESIGN PENDING O REGULATORY REVIEW I � 403.94' S 89°31'18" W - 601.69' (TOTAL) N N N N N 0 W F- Z w O U LL LL Q H 07 U Z Z (If O � W � U � � N O O ' 11 z V�00 Z �' w w J U WU �z ow _ 0o 00 � c�1 �G1 oc z m i-, a0 UZr u W N 0 z 4 tjo \10U _o Z � A w W �.J v H O O W H O O ��v H oco�aa Z o� O Q D ~ ~ » z o0 O ILL F_ o J J d' Z_ U ��61 �Z_ Ha0 Lu C] Lu o > ZZY � zw¢w Z 0-° d�� �Qvji¢w Q o 7) o o v SEAL\ CAR0Z7%, \\\\ °OFFS° 9lq _ 028847 _ �o �\; / 1111111G. Ci 02/22/22 C-200 [PEI JOB#: 18248.PE Community Meeting Board of Commissioners - April 4, 2022 ITEM: 17- 13 - 1 PARAMOUNTE E N G I r J E E fZ I N G, 1 N C. Report of Community Meeting for New Leaf Landing Proposed Conditional Rezoning by Fast Tracts Wilmington, LLC New Hanover County Parcel R02500-002-003-000 (Approx. 29 acres at 312 Hermitage Road) A community meeting was held by the applicant to discuss the New Leaf Landing proposal with interested neighbors. Notice of the meeting was mailed to all property owners located within 500 feet of the subject site as listed on the New Hanover County tax records. The meeting was held on December 16, 2021 at 12:00pm at the subject site. On behalf of the applicant, Fast Tracts Wilmington, LLC, the following people were in attendance: Andy Etters with Fast Tracts Wilmington, LLC, and Allison Engebretson and Brad Schuler with Paramounte Engineering, Inc. In addition to the below summary of the meeting, the following items are attached: 1. A list of the adjacent property owners to whom written notice was mailed; 2. A copy of the written notice; and 3. A list of the parties who attended the meeting. The following issues were discussed at the meeting: • Project Overview o Response: The proposed development will consist of flex space buildings and a nursery1wholesale landscape supply business. o The flex space buildings will consist mostly of warehousing space with a small portion of the buildings reserved for office space in the front. The architectural design of the buildings has not been finalized at this time allowing for the buildings to be initially customized for the tenants. o The site has been designed to allow for truck access and loading areas. The proposed flex space buildings will either have loading docks or access to shared loading areas. o The nursery1wholesale landscape supply business is already in operation on the site. o The development will be served by public water and private septic systems. o The proposed stormwater pond is located on the western portion of the site closer to existing housing. o The project will be developed in phases. 1 2 2 CINEMA D R I V E, W I L M I N G T ❑ N, N C 2 6 40 3 F H ( 9 1 O l 7 9 1 - 6 7 ❑ 7 F A X: ( 9 1 ❑ ) 7 9 1 - 6 7 6 D Board of Commissioners - April 4, 2022 ITEM: 17- 14 - 1 • Traffic o Access to the site from Castle Hayne Road is provided by two NCDO T- maintained roads — Hermitage Road and Crowatan Road. o A Traffic Impact Analysis for the proposal has been completed and approved the WMPO and NCDOT. Roadway improvements required for the project include the installation of a right -turn lane on Hermitage Road at Castle Hayne Road, and the installation of a left -turn land on Castle Hayne Road at Crowatan Road. o The project includes two driveways on Hermitage Road. • Storm waterlSedimentation Control o Neighbors were concerned that the proposed stormwater pond will contribute to flooding in the area. One neighbor was particularly concerned about the direction of the stormwater outfall. o The proposed stormwater facilities for the project must be designed and constructed in accordance with State and New Hanover County requirements. The stormwater system will outfall into the natural site outlet. o Temporary silt fencing will be installed during construction activities to help ensure sediment/debris is not deposited in the existing ditches on the site. 1 2 2 C I N E M A ❑ R I V E, W I L M I N G T O N, N C 2 6 4 0 3 P H ( 9 1 ❑) 7 9 1 - 6 7 ❑ 7 F A X: ( 9 1 ❑) 7 9 1 - 6 7 6 O Board of Commissioners - April 4, 2022 ITEM: 17- 14 - 2 List of Aidancent Propety Owners Who Were Provided Mailed Notice Owner Mainling Address City/State/Zip 311 HERMITAGE RD CASTLE HAYNE NC 28429 RCJ HOLDINGS LLC DEGIFFARDE CLAUDIO GWENDOLYN 307 HERMITAGE RD CASTLE HAYNE NC 28429 RCJ HOLDINGS LLC 311 HERMITAGE RD CASTLE HAYNE NC 28429 NORTH CAROLINA STATE UNIVERSITY PO BOX 7230 R-100 RALEIGH NC 27695 HOWARD KAYLA ETAL 526 TURNER WAY HAMPSTEAD NC 28443 WENMAN LLC 161 KNOXVIEW LN MOORESVILLE NC 28117 FAST TRACTS WILMINGTON LLC 10808 GRASSY CREEK PL RALEIGH NC 27614 CHADWICK CHERYL M SMITH 71 1 1 ENGLISH LNDG WILMINGTON NC 28409 KG PLAZA LLC 8620 RIVER RD WILMINGTON NC 28412 LONG FAMILY PROPERTIES V 312 CROWATAN RD CASTLE HAYNE NC 28429 KG PLAZA LLC 8620 RIVER RD WILMINGTON NC 28412 PACIFIC CREST MANAGEMENT LLC 3118 WILLOWSTONE DR DULUTH GA 30096 LONG FAMILY PROPERTIES I LP 312 CROWATAN RD CASTLE HAYNE NC 28429 SACCENTE FRANK 321 W ISLIP BLVD WEST ISLIP NY 11795 325 HERMITAGE LLC PO BOX 1623 WRIGHTSVILLE BEACH NC 28480 LONG FAMILY PROPERTIES V 7931 GRENEZAY RD WILMINGTON NC 28401 GENERAL ELECTRIC CO PO BOX 4900 SCOTTSDALE AZ 85261 DEGIFFARDE CLAUDIO GWENDOLYN 307 HERMITAGE RD CASTLE HAYNE NC 28429 LONG FAMILY PROPERTIES I LP 312 CROWATAN RD CASTLE HAYNE NC 28429 HOWARD JULIUS F 11211 MOXIE WAY IWILMINGTON NC 28412 Board of Commissioners - April 4, 2022 ITEM: 17- 14 - 3 PARA MOUND P E E N G I N E E FZ I N G. I N C December 2, 2021 RE: Hermitage Road Development — Community Meeting for a Conditional Rezoning Request by Fast Tracts Wilmington, LLC Paramounte Engineering, Inc. and Fast Tracts Wilmington, LLC, invite you to attend a community meeting to discuss the Hermitage Road Development. You are receiving this invitation because New Hanover County GIS records indicate you own property adjacent to the land proposed to be rezoned, and we want to share our proposed plans with you. The subject property consists of approximately ±29.39 acres of land located on Hermitage Road. The proposed conditional rezoning request changes the zoning to commercial services district to allow for flex space/warehouses, offices, and a nursery. Please reference the enclosed conceptual site plan for more information and join us for an informal meeting to discuss the plan on Thursday, December 16, 2021, from 12:00-1:00pm on the project site. The location of the meeting is next to the existing driveway on the property and is highlighted on the map below: 122 CINEMA DRIVE WILMINGTON, NC 28403 PH: (910) 791-6707 FAX: (910) 791-6760 Board of Commissioners - April 4, 2022 ITEM: 17- 14 - 4 Hermitage Road Development - Community Meeting Property: New Hanover County Parcel R02500-002-003-000 December 16, 2021 Name Address Phone Number Email Address yY 4441�7 3 /y Gew tt-r�-� FW. 9 fO 6rsJ - 04 q e i v I �9" �XQ1 �. J6.j Sk rc.�� 11' l ' W _t' V l" J-oa� tr �c444` ( ccS � l iv 9931 w�•c�e gardEQ tee. ry .c o ►-+r+ -76 'f �� are � 15 ��r/ �t/� 0 �533' z jea,��� Secs L0 Board of Commissioners - April 4, 2022 ITEM: 17- 14 - 5 Traffic Impact Analysis Board of Commissioners - April 4, 2022 ITEM: 17- 15 - 1 RAMEY KEMP ASSOCIATES Moving forward. TRAFFIC IMPACT ANALYSIS HERMITAGE ROAD FLEX PARK NEW HANOVER COUNTY, NORTH CAROLINA EXECUTIVE SUMMARY This report summarizes the findings of the Traffic Impact Study (TIA) that was performed for the Hermitage Road Flex Park development that is to be located along the south side of Hermitage Road, east of SR 133 (Castle Hayne Road) in New Hanover County, North Carolina. The purpose of this study is to determine the potential impact to the surrounding transportation system caused by the traffic generated by the development. The proposed development is to consist of a 130,000 square feet (SF) business park and is anticipated to be completed by 2025. Access to the development is to be provided via two full movement connections on Hermitage Road. It is estimated that the proposed development will generate 2,096 total trips during a typical 24- hour weekday period. Of the daily traffic volume, 183 trips (156 entering and 27 exiting) will be generated during the AM peak hour and 187 trips (49 entering and 138 exiting) during the PM peak hour. The study area for the TIA was determined through coordination with WMPO and NCDOT and consists of the following intersection: • I-140 Westbound Ramps/Centennial Drive and SR 133 (Castle Hayne Road) • I-140 Eastbound Ramps and SR 133 (Castle Hayne Road) • SR 133 (Castle Hayne Road) and Hermitage Road • SR 133 (Castle Hayne Road) and Crowatan Road • Hermitage Road and Crowatan Road Based on coordination with WMPO and NCDOT, there are no approved developments that are expected to impact the study are. Transportation Consulting K Vk Board of Commissioners - April 4, 2022 that moves us ITEM: 17- 16 - 1 forward. rameykemp.com RAMEY KEMP ASSOCIATES Moving forward. Hermitage Road Flex Park I E-2 Several scenarios were analyzed using traffic analysis software, Synchro 10. Traffic operations during the AM and PM peak hours were modeled for each scenario. The results of each scenario were compared in order to determine impacts from background traffic growth and the proposed development. The following scenarios were modeled: Existing (2020), No -Build (2025), and Build (2025). Based on the capacity and queuing analysis results and findings of this study, the proposed development is not expected to have a significant impact to the adjacent transportation network. Considering this, only the following improvements are recommended below and are shown in Figure E-1. Hermitage Road and Site Drive 1 • Provide a two-lane cross section [for Site Drive 11 consisting of one ingress lane and one egress lane. Hermitage Road and Site Drive 2 • Provide a two-lane cross section [for Site Drive 2] consisting of one ingress lane and one egress lane. Transportation Consulting Board of Commissioners - April 4, 2022 that moves us ITEM: 17- 16 - 2 forward. rameykemp.com LEGEND 0 Unsignalized Intersection :0 Signalized Intersection --o- Existing Lane x' Storage (In Feet) Improvement by Developer C' Ln + Hermite (+ M M Road CU v , a) 133 �j Q o� SITE �" 11 +-225' ; Centennial 114 r225' ---------------------------- Drive 150'-+ i h & 150'-V o �� �O r� 01 Moving forward. Recommended Lane Hermitage Road Flex Park Configurations New Hanover County, NC Scale: Not to Scale Figure E- ITEM: 17- 16 - 3 WMPO June 17, 2021 Mr. Jay Clapp, PE, PTOE Ramey Kemp & Associates, Inc. 5808 Farringdon Place, Suite 100 Raleigh, NC 27609 RE: Approval of the Traffic Impact Analysis (TIA) associated with the proposed Hermitage Road Flex Park New Hanover County, NC 345 Chestnut Street PO Box 1810 Wilmington, NC 28402 Ph: (910) 341-3258 Fax: (910) 341-7801 www.wmpo.org The WMPO, NCDOT, and New Hanover County staffs have reviewed the Hermitage Road Flex Park TIA dated April 15, 2021. This development consists of: • ITE Land Use Code 770 - 130,000 SF Business Park The Build out year is 2025. Based on review of the analysis provided in the TIA report, the following improvements are required by the developer: Intersections 1) 1-140 WB Ramps / NC 133 / Centennial Drive (signalized full movement intersection) o No improvements recommended. 2) 1-140 EB Ramps / NC 133 (signalized full movement T-intersection) o No improvements are recommended. 3) NC 133 / Hermitage Road (stop -controlled full movement T-intersection) • Provide a westbound right turn lane with 200 feet of storage and appropriate deceleration and taper. 4) NC 133 / Crowatan Road (stop -controlled full movement T-intersection) ■ Provide a southbound left turn lane with 50 feet of storage and appropriate deceleration and taper. 5) Hermitage Road and Crowatan Road (stop -controlled full movement intersection) o No improvements recommended. Wilmington Urban Area Metropolitan Planning Organization City of Wilmington ■ Town of Carolina Beach • Town of Kure Beach ■ Town of Wrightsville Beach County of New Hanover ■ T6wBMRpb{d�bfpTjj%§i®fjL&DgkprWjQyVi2gk�aV355a ■County of Brunswick County of Pender ■ Cape Fear Public Transportatjg7Ej.tl ;?.64W4t North Carolina Department of Transportation Hermitage Flex Road Park TIA approval 6) Hermitage Road and Site Access 1 (proposed stop -controlled T-intersection) • Construct the site access with one ingress and one egress lane. • Provide stop control for the northbound approach. • Provide 700 feet of internal protected stem on the northbound approach. 7) Hermitage Road and Site Access 2 (proposed stop -controlled T-intersection) • Construct the site access with one ingress and one egress lane. • Provide stop control for the northbound approach. • Provide 700 feet of internal protected stem on the northbound approach. If changes are made to the proposed site driveways and/or use, the current trip distribution may need to be modified and would require a revised Traffic Impact Analysis to be submitted for review by the NCDOT, WMPO, and New Hanover County. This approval would become null and void. The applicant is required to obtain all applicable New Hanover County and NCDOT permits for access to the road network. A copy of this TIA approval shall be included with any NCDOT driveway permit application. All applicable NCDOT and New Hanover County technical standards and policies shall apply. Please contact me at (910) 473 — 5130 with any questions regarding this approval. Sincerely, Scott A. James, PE Transportation Planning Engineer Wilmington Metropolitan Planning Organization Ec: Ben Hughes, PE, District Engineer, NC DOT Jon Roan, Assistant District Engineer, NC DOT Jessi Leonard, PE, Division Traffic Engineer, NC DOT Eva Covarrubias, El, Transportation Engineering Associate, NC DOT Ken Vafier, Planning Manager, New Hanover County Nicole Smith, Planner, New Hanover County Denys Vielkanowitz, PE, City Traffic Engineer, City of Wilmington Thomas Bradshaw, PE, ITS Engineer, City of Wilmington Mike Kozlosky, Executive Director, WMPO Bill McDow, Transportation Planner, WMPO Board of Commissioners - April 4, 2022 ITEM: 17- 17 - 2