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Agenda 2022 10-03NEW 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 OCTOBER 3, 2022 4:00 PM MEETING CALLED TO ORDER (Chair Julia Olson-Boseman) INVOCATION (Associate Minister Courtney Hickman, First Christian Church) PLEDGE OF ALLEGIANCE (Chair Julia Olson-Boseman) APPROVAL OF CONSENT AGENDA ESTI MATED MINUTES CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Approval of Shoaf Law Firm, P.A. Request for Refund of Deed Excise Tax 3. Approval of August 2022 Tax Collection Reports 4. Adoption of Budget Amendments REGULAR AGENDA ITEMS OF BUSINESS 5 5. Consideration of Domestic Violence Awareness Month Proclamation 5 6. Consideration of Indigenous Peoples' Day Proclamation 5 7. Consideration of National Breast Cancer Awareness Month Proclamation 5 8. Consideration of National Substance Abuse Awareness Month Proclamation 10 9. Consideration of Updated American Rescue Plan Framework and Film Internship Grant Request 10 10. Consideration of Stormwater Design Manual Revision 10 11. Presentation of Workforce Housing Services Program Recommendation for Funding Allocation 15 12. Public Hearing and Consideration of Purchase of Property Located at 319 North Third Street for Cape Fear Community College 15 13. Public Hearing and Acceptance of Donated Property on Holly Shelter Road to Create a Business Park and Approval of Associated Agreement 15 14. Public Hearing Text Amendment Request (TA22-02) — Request by Austen Truhe and Christina Sheltra, applicants, to amend the Unified Development Ordinance to permit the use of Accessory Dwelling Units in all residential zoning districts. 20 15. Public Hearing Text Amendment Request (TA22-03) - Request by New Hanover County to Board of Commissioners - October 3, 2022 amend Articles 2, 3, 4, 5, and 10 of the Unified Development Ordinance in order to modernize standards, clarify existing standards, and update standards to make sure they are effective. PUBLIC COMMENTS ON NON -AGENDA ITEMS (limit three minutes) ESTI MATED MINUTES ADDITIONAL AGENDA ITEMS OF BUSINESS 16. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 17. 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 - October 3, 2022 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 10/3/2022 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: Agenda Review held on September 15, 2022 Regular Meeting held on September 19, 2022 STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved 4-0. Board of Commissioners - October 3, 2022 ITEM: 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 10/3/2022 Consent DEPARTMENT: Register of Deeds PRESENTER(S): Tammy Theusch Piver, Registrar CONTACT(S): Tammy Theusch Piver SU BJ ECT: Approval of Shoaf Law Firm, P.A. Request for Refund of Deed Excise Tax BRIEF SUMMARY: Missy G. Weeks has requested, on behalf of the Shoaf Law Firm, P.A., the refund of the sum of $1,030.00 in real property conveyance excise tax ("deed stamps"). The instrument in question was recorded with an incorrect amount of excise tax stamps fee paid. Pursuant to North Carolina General Statute 105-228.37, a request for refund of overpayment of real property conveyance excise tax must be made within six months of the date of payment. The payment was made on or about August 16, 2022. A letter to the Board of Commissioners requesting refund is attached, along with a copy of the recorded instruments. If the board determines that a refund is in order, the refund will be in the amount of $1,030.00. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve refund. ATTACHMENTS: Refund Request Letter and Associated Documents COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4-0. Board of Commissioners - October 3, 2022 ITEM: 2 SHOAF LAW F)RM, P.A: www.ncclosingattorney.com August 22, 2022 New Hanover County Commissioners 230 Government Center Drive Suite 175 Wilmington NC 28403 Re: Lot 51, The Sanctuary at Hanover Reserve, Section 2 7220 Sanctuary Drive, Wilmington NC 28411 Parcel Number: R03600-003-234-000 Commissioners, The above referenced property was transferred by General Warranty Deed recorded in Book RB6587, Page 2847 in the New Hanover County, North Carolina Register of Deeds. The Grantor was Kristopher Scot Barnette and wife, Julia Oakley Barnette and the Grantee was Joseph M. Neuenschwander and wife, Kelly Rene Neuenschwander. This General Warranty Deed was recorded with the incorrect amount of excise tax in the amount of $2,000.00 which was remitted to the New Hanover County Register of Deeds. This calculation is incorrect and only $970.00 should have been remitted to the New Hanover County Register of Deeds. The "Correcting Instrument for Incorrectly Recorded Documents" has been recorded in New Hanover Register of Deeds in Book 6589, Page 1259, on August 22, 2022; copy attached hereto. We request that the overage in the amount of $1,030.00 be returned to The Shoaf Law Firm PA. I have included a UPS label for your convenience. If you have any questions, do not hesitate to contact me. Sincerely, 1 �� Missy G. Weeks Enclosures: UPS Label Correcting Instrument for Incorrectly Recorded Documents Our File Number: 22-3707JH 8414 Falls of the Neuse Rd. Ste. 104, Ral rYGf2dgRrhisE�AWyb�?MeY� 26?177"0049, Email orders@shoaflaw.com ITEM: 2 - 1 - 1 Book 6589 Page 1260 REVENUE: 4r2;440-00 Book 6587 Page 2847 BK: RB 6587 PG: 2847 - 2849 NC FEE $26.00 2022029895 RECORDED: NEW HANOVER COUNTY, 08/16/2022 REAL ESTATE TAMMY THEUSCH PIVER 11:26:63 AM EXTX $2000.00 BY. SAMANTHA SPEAKER REGISTER OF DEEDS DEPUTY ELECTRONICALLY RECORDED EXHIBIT "A" GENERAL WARRANTY DEED Excise Tax = $ 970.00 MAIL AFTER RECORDING TO: THE.., SHOAF LAW FIRM., P.A. THIS INSTRUMENT WAS PREPARED BY: Robert G. Collins No Title Examination Performed STATE OF NORTH CAROLINA This instrument prepared by Robert T. Collins, licensed NC attorney. Delinquent taxes, if any, to be paid by the closing attorney to the county tax collector upon disbursement of closing proceeds. Grantor's primary residence: ES O COUNTY OF NEW HANOVER Property Address: 7220 SANCTUARY DRIVE WILMINGTON, NC 28411 PARCEL: R03600-003-234-000 THIS DEED made this -�L day of , 2022, by and KRISTOPHER SCOT BARNETTE, and wife, JULIA OAKI*EY BARNETTE, hereinafter called GRANTOR, and JOSEPH M. NEUENSCHWANDER, and wife, KELLY RENE NEUENSCHWANDER, whose mailing address is 7220 Sanctuary Drive, Wilmington, NC 28411, hereinafter called GRANTEE: "aka JOSEPH MICHAEL NELIENSCHWANDER The designation of 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. WITNESSETH submitted electronically by "SHOAF LAW FIRM PA" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the New Hanover county Register of Deeds. Board oa Commissioners - October 3, 2022 ITEM: 2 - 1 - 2 Book 6589 Page 1261 Book 6587 Page 2848 That the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in or near the City of WILMINGTON, NEW HANOVER County, North Carolina and more particularly described as follows: BEING ALL of LOT 51, THE SANCTUARY AT HANOVER RESERVE SECTION 2 as shown on a map thereof recorded in Map Book 59, Page 67, New Hanover County Registry, reference to said map being hereby made for a more particular description TOGETHER WITH AND SUBJECT TO the Declaration recorded in Book 5782, Page 230, as amended in Book 5813, Page 631 adding subject property, New Hanover County Registry, and all amendments thereto. The property hereinabove described was acquired by Grantor by deed recorded in Book 5908 at Page 1623, NEW HANOVER County Register of Deeds, North Carolina. 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 except for the exceptions hereinafter stated. Title to the property hereinabove described in subject to the following exceptions: Restrictive covenants, easements and rights of way as may appear of record in the aforesaid Registry, 2022 ad valorem taxes and all applicable zoning and land use ordinances. IN WITNESS WHEREOF, the Grantor has hereunto set their hand and seal, or if corporate, has caused this instrument to be signed in the corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written. KRISTOP A St -Of BARNETTE ^ ;ILIA OAKLEY q3AMETTE SEE NOTARY ATTACHED Board of Commissioners - October 3, 2022 ITEM: 2 - 1 - 3 Book 6589 Page 1262 Book 6587 Page 2849 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, C'•y`', a Notary Public of the County and State aforesaid, certify that KRIST HER SCOT BARNETTE, personally appeared before me this day and acknowledgel the execution of the foregoing instrument. Witness my hand and official stamp or seal, this � I day of August 2022. (Official Seal) AR�A7 OW ?O Notary blic r : My commission expires: PUBV 91 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, V a UF✓` , a Notary Public of the County and State aforesaid, certify that JU iA AKLE BARNETTE, personally appeared. before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or seal, this 11tn day of August 2022. (Official Seal) p•.� o�c Pat •, NAt�'' � 1 Noiary lic My co ission expiresr Board of Commissioners - October 3, 2022 ITEM: 2 - 1 - 4 Book 6589 Page 1259 BK: RB 6589 FIG: 1259 -1262 NC FEE $26.00 RECORDED: 2022030618 081=2022 NEW HANOVER COUNTY. TAMMY THEUSCH PNER 03:17:20 PM EXTX $D.00 BY: SAMANTHA SPEAKER REGISTER OF DEEDS DEPUTY ELECTRONICALLY RECORDED CORRECTING INSTRUMENT FOR INCORRECTLY RECORDED DOCUMENTS NORTH CAROLINA COUNTY OF NEW HANOVER This Instrument was prepared by and return to: THE SHOAF LAW FIRM PA 8414 FALLS OF NEUSE ROAD, STE 104 RALEIGH NC 27625 Lot 51 of The Sanctuary at Hanover Reserve, Section 2, with a property address of 7220 Sanctuary Drive, Wilmington, North Carolina 28411 (Parcel Number R03600-003-234-000) was transferred by General Warranty Deed recorded in Book RB6587, Page 2847 in the New Hanover County, North Carolina Register of Deeds. The Grantor was Kristopher Scot Barnette and wife, Julia Oakley Barnette and the Grantee was Joseph M. Neuenschwander and wife, Kelly Rene Neuenschwander, This General Warranty Deed was recorded with the incorrect amount of excise tax in the amount of $2,000.00 which was remitted to the New Hanover County Register of Deeds. This calculation Is incorrect and only $970.00 should have been remitted to the New Hanover County Register of Deeds. 0 Ax � ANDREW K. COLEMAN, ESQ. NORTH CAROLINA COUNTYOF {YIeC><1£IL1 VU g i, k' it 4kA(OLJ . a notary public of aforesaid county and state do certify that ANDREW K. COLEMAN personally appeared before me and acknowledged the due execution of the foregoing Instrument. Witness my hand and official seal on this the c95tti day of August, 2022. (SEAL) NOTARY PU,kV¢�+Vq My commission expires: \'ttA 22.3707J14 4q,, 0. r Ty submitted electronically by "SHOAF LAW FIRM PA" In compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the New Hanover County Register of Deeds. Board of Commissioners - October 3, 2022 ITEM: 2 - 1 - 5 Crowell, Kym From: missy@shoaflaw.com Sent: Monday, September 26, 2022 10:25 AM To: Crowell, Kym Cc: Burpeau, Kemp; Piver, Tammy Subject: RE: Excise Tax Refund Request for 7220 Sanctuary Drive ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Yes, a waive notice is find. From: Crowell, Kym <KCrowell@nhcgov.com> Sent: Monday, September 26, 2022 10:24 AM To: missy@shoaflaw.com Cc: Burpeau, Kemp <KBurpeau@nhcgov.com>; Piver, Tammy <tpiver@nhcgov.com> Subject: RE: Excise Tax Refund Request for 7220 Sanctuary Drive So you are agreeable to waive notice of a board hearing? Kym Crowell Clerk To The Board New Hanover County - County Commissioners (910) 798-7143 p 1 (910) 798-7145 f KCrowell@nhcgov.com 230 Government Center Drive, Suite 175 Wilmington, NC 28403 www.NHCqov.com From: missy@shoaflaw.com <missy@shoaflaw.com> Sent: Monday, September 26, 2022 10:23 AM To: Crowell, Kym <KCrowell@nhcgov.com> Cc: Burpeau, Kemp <KBurpeau@nhcgov.com>; Piver, Tammy <ttpiver@nhcgov.com> Subject: RE: Excise Tax Refund Request for 7220 Sanctuary Drive ** External Email: Do not click links, open attachments, or reply until you know it is safe ** October 3 is fine with us. Thank you! From: Crowell, Kym <KCrowell@nhcgov.com> Sent: Monday, September 26, 2022 10:22 AM To:.missv@shoaflaw.com Cc: Burpeau, Kemp <KBurpeau@nhcgov.com>; Piver, Tammy <tpiver@nhcgov.com> Subject: Excise Tax Refund Request for 7220 Sanctuary Drive Good morning Ms. Weeks — Deputy County Attorney Kemp Burpeau, Registrar Tammy Piver, and I are in receipt of your request for the excise tax refund for 7220 Sanctuary Drive. We would like to place it on the October 3rd agenda for consideration by the board as it appears to be a straightforward matter. If Mr. Collins and you are agreeable, we would appreciate a response email today to place it on the October 3d agenda stating that you waive notice of a board hearing in connection with this matter. If not, it will be moved to either the October 171h or November 14th agenda for a hearing. Board of Commissioners - October 3, 2022 ITEM: 2 - 1 - 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 10/3/2022 Consent DEPARTMENT: Tax PRESENTER(S): Allison Snell, Tax Administrator CONTACT(S): Trina Baxley, Collections Supervisor SU BJ ECT: Approval of August 2022 Tax Collection Reports BRIEF SUMMARY: NCGS 105-350 requires the Tax Collector to submit a report showing the amount of taxes collected. Overall collection percentages for August 2022 are behind of overall collections for August 2021. The report for August 2022 in comparison to August 2021 is as follows: New Hanover County August 2022 August 2021 Real Property 7.87% 10.06% Personal Property 13.19% 16.43% Motor Vehicle 100.00% 100.00% Overall Collection Rate 9.32% 11.43% Total Collected YTD $18,440,090.27 $22,389,001.65 New Hanover County August 2022 August 2021 Debt Service Real Property 7.85% 10.03% Personal Property 13.04% 16.40% Motor Vehicle 100.00% 100.00% Overall Collection Rate 9.61/0 11.64% Total Collected YTD $1,451,936.83 $2,365,608.52 Grand Total Collected YTD $19,892,027.10 $24,754,610.17 August 2022 August 2021 New Hanover County Fire District Real Property 7.85% 10.29% Personal Property 13.16% 15.57% Motor Vehicle 100.00% 100.00% Overall Collection Rate 9.60% 11.90% Total Collected YTD $1,244,627.40 $1,477,973.38 STRATEGIC PLAN ALIGNMENT: Board of Commissioners - October 3, 2022 ITEM: 3 • Good Governance o 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 August 2022 New Hanmer County Debt Seance Monthly Collection Report for August 2022 New Hanmer County Fire District Monthly Collection Report for August 2022 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4-0. Board of Commissioners - October 3, 2022 ITEM: 3 New Hanover County Monthly Collection Report for August 2022 Current Year 2022-2023 Scroll/Billed Abatements Adjustments Real Estate Personal Property Motor Vehicles Combined $ 182,897,314.57 $ (32,977.76) $ 29,623.29 $ 12,457,412.01 $ (26,162.58) $ 806.84 $ 2,383,666.70 $ $ $ 197,738,393.28 $ (59,140.34) $ 30,430.13 Total Taxes Charged Collections to Date *Refunds Write-off $ $ $ $ 182,893,960.10 14,401,694.38 7,233.72 (1.04) $ $ $ $ 12,432,056.27 1,640,131.54 96.33 - $ $ $ $ 2,383,666.70 2,383,666.70 $ 197,709,683.07 $ 18,425,492.62 $ 7,330.05 $ (1.04) Outstanding Balance $ 168,499,500.48 $ 10,792,021.06 $ $ 179,291,521.54 Collection Percentage 7.87 13.19 100.00 9.32 YTD Interest Collected $ 1,284.30 $ - $ 20,643.40 $ 21,927.70 Total 2022-2023 Collections YTD Prior Years 2012-2021 18,440,090.27 Real Estate Personal Property Motor Vehicles Combined Scroll $ 1,532,709.38 $ 4,696,018.59 $ 242,477.60 $ 6,471,205.57 Abatements $ (47,493.23) $ (102,754.62) $ - $ (150,247.85) Adjustments $ - $ 3,048.32 $ - $ 3,048.32 Total Levy $ 1,485,216.15 $ 4,596,312.29 $ 242,477.60 $ 6,324,006.04 Collections to Date $ 162,382.82 $ 114,778.10 $ 136.42 $ 277,297.34 *Refunds $ 21,356.00 $ 965.49 $ - $ 22,321.49 Write-off $ - $ - $ - $ - Outstanding Balance $ 1,344,189.33 $ 4,482,499.68 $ 242,341.18 $ 6,069,030.19 YTD Interest Collected $ 19,843.95 $ 31,248.40 $ 192.24 $ 51,284.59 Total Prior Year Collections YTD 306,260.44 Grand Total All Collections YTD $ 18,746,350.71 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - October 3, 2022 ITEM: 3 - 1 - 1 New Hanover County Debt Service Monthly Collection Report for August 2022 Current Year 2022-2023 Real Estate Personal Property Motor Vehicles Combined Scroll/Billed $ 13,892,267.55 $ 956,384.54 $ 235,253.27 $ 15,083,905.36 Abatements $ (2,503.16) $ (1,985.83) $ - $ (4,488.99) Adjustments $ 2,248.55 $ 61.24 $ - $ 2,309.79 Total Taxes Charged $ 13,892,012.94 $ 954,459.95 $ 235,253.27 $ 15,081,726.16 Collections to Date $ 1,089,922.59 $ 124,422.96 $ 235,253.27 $ 1,449,598.82 *Refunds $ $ - $ - Write-off $ $ 0.02 $ 0.02 Outstanding Balance $ 12,802,090.35 $ 830,036.97 $ - $ 13,632,127.32 Collection Percentage 7.85 13.04 100.00 9.61 YTD Interest Collected $ 164.43 $ - $ 2,173.58 $ 2,338.01 Total 2022-2023 Collections YTD $ 1,451,936.83 Prior Years 2012-2021 Real Estate Personal Property Motor Vehicles Combined Scroll $ 158,748.41 $ 367,453.51 $ $ 526,201.92 Abatements $ (4,921.24) $ (8,727.75) $ (13,648.99) Adjustments $ - $ 315.88 $ 315.88 Total Levy $ 153,827.17 $ 359,041.64 $ $ 512,868.81 Collections to Date $ 17,532.11 $ 14,120.04 $ $ 31,652.15 *Refunds $ 1,433.79 $ - $ $ 1,433.79 Write-off $ - $ - $ $ - Outstanding Balance $ 137,728.85 $ 344,921.60 $ $ 482,650.45 YTD Interest Collected $ 2,116.99 $ 4,031.08 $ $ 6,148.07 Total Prior Year Collections YTD 36,366.43 Grand Total All Collections YTD $ 1,488,303.26 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - October 3, 2022 ITEM: 3 - 2 - 1 New Hanover County Fire District Monthly Collection Report for August 2022 Current Year 2022-2023 Scroll/Billed Abatements Adjustments Real Estate Personal Property Motor Vehicles Combined $ 11,767,232.41 $ (275.29) $ 4,512.91 $ 980,372.81 $ (2,749.58) $ 41.64 $ 190,516.03 $ $ $ 12,938,121.25 (3,024.87) 4,554.55 Total Taxes Charged Collections to Date *Refunds Write-off $ $ $ $ 11,771,470.03 923,667.72 - - $ $ $ $ 977,664.87 128,630.96 - 0.03 $ $ 190,516.03 190,516.03 $ $ $ $ 12,939,650.93 1,242,814.71 - 0.03 Outstanding Balance $ 10,847,802.31 $ 849,033.88 $ - $ 11,696,836.19 Collection Percentage 7.85 13.16 100.00 9.60 YTD Interest Collected $ 204.85 $ - $ 1,607.84 $ 1,812.69 Total 2022-2023 Collections YTD 1,244,627.40 Prior Years 2012-2021 Real Estate Personal Property Motor Vehicles Combined Scroll $ 100,746.00 $ 247,903.54 $ 14,856.27 $ 363,505.81 Abatements $ (179.95) $ (5,483.25) $ - $ (5,663.20) Adjustments $ - $ - $ - Total Levy $ 100,566.05 $ 242,420.29 $ 14,856.27 $ 357,842.61 Collections to Date $ 9,753.16 $ 1,067.25 $ 12.20 $ 10,832.61 *Refunds $ 139.57 $ - $ - $ 139.57 Write-off $ - $ - $ - $ - Outstanding Balance $ 90,952.46 $ 241,353.04 $ 14,844.07 $ 347,149.57 YTD Interest Collected $ 1,204.24 $ 189.48 $ 13.81 $ 1,407.53 Total Prior Year Collections YTD 12,240.14 Grand Total All Collections YTD $ 1,256,867.54 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - October 3, 2022 ITEM: 3 - 3 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 10/3/2022 Consent DEPARTMENT: Budget PRESENTER(S): Eric Credle, Chief Financial Officer CONTACT(S): Eric Credle and Michelle Daniels, Budget Officer SU BJ ECT: Adoption of Budget Amendments BRIEF SUMMARY: The following budget amendments amend the annual budget ordinance for the fiscal year ending June 30, 2023: Sheriff 23-023, 23-025 District Attorney's Office 23-030 STRATEGIC PLAN ALIGNMENT: • Good Governance o Strong Financial Performance ■ Proactively manage the county budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the ordinances for the budget amendments listed. ATTACHMENTS: 23-023 23-025 23-030 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4-0. Board of Commissioners - October 3, 2022 ITEM: 4 AGENDA: October 3, 2022 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2023 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, 2023. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health & Safety Strategic Objective(s): Sustain the community capacity to prepare for and respond to public safety demands Fund: Federal Forfeited Property Department: Sheriffs Office Expenditure., Decrease Increase Total BA 23-023 Supplies $ 66,410 $ 66,410 BA 23-023 Capital Outlay Equipment $ 28,864 $ 28,864 Total $ - $ 95,274 $ 95,274 Revenue: Decrease Increase Total BA 23-023 Federal Forfeited Property $ 95,274 $ 95,274 Total $ - $ 95,274 $ 95,274 Prior to Total if Actions Actions Tod a Taken Departmental Budget (FFP) $ 308,085 $ 403,359 Section 2: Explanation BA 23-023 budgets Federal Forfeited property receipts dated 9/20/22 and 9/21/22. Funds will be used for supplies and equipment for law enforcement purposes only. 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) 23-023 amending the annual budget ordinance for the fiscal year ending June 30, 2023, is adopted. Adopted, this 3rd day of October, 2022. (SEAL) Julia Olson-Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - October 3, 2022 ITEM: 4 - 1 - 1 AGENDA: October 3, 2022 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2023 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, 2023. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health & Safety Strategic Objective(s): Sustain the community capacity to prepare for and respond to public safety demands Fund: General Department: Sheriffs Office Ex enditure: Decrease Increase Total BA 23-025 Supplies $ 175,543 $ 175,543 BA 23-025 Capital Outlay -Equipment $ 45,609 $ 45,609 BA 23-025 Capital Outlay -Motor Vehicle $ 45,000 $ 45,000 BA 23-025 Grant Match $ (66,538)1 $ 66 538 Total $ (66,538) $ 266,152 $ 199,614 Revenue: Decrease Increase Total BA 23-025 2022 Port Security Grant $ 199,614 $ 199,614 Total $ - $ 199,614 $ 199,614 Prior to Actions Toda Departmental Budget $ 67,051,5 Total if Actions Taken $ 67,251,198 Section 2: Explanation BA 23-025 budgets grant funds received from the Department of Homeland Security, Federal Emergency Management, 2022 Port Security Grant Program (PSGP). The PSGP is used to fund equipment for enforcement activity related to the Port of Wilmington and the waterways surrounding New Hanover County, strengthening maritime safety and security through the purchase of equipment for the Dive Team, Emergency Response Team, Civil Disturbance Team and K9 Team. Local match required is $66,538, which is currently budgeted in the Sheriffs Office budget and will be transferred to the grant line items. 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) 23-025 amending the annual budget ordinance for the fiscal year ending June 30, 2023, is adopted. Adopted, this 3rd day of October, 2022. (SEAL) Julia Olson-Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - October 3, 2022 ITEM: 4 - 2 - 1 AGENDA: October 3, 2022 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2023 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, 2023. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health & Safety Strategic Objective(s): Sustain the community capacity to prepare for and respond to public safety demands Fund: General Department: District Attorney Expenditure: Decrease Increase Total BA 23-030 District Attorneys Office $ 10,000 $ 10,000 Total $ - $ 10,000 $ 10,000 Revenue: Decrease Increase Total BA 23-030 Appropriated Fund Balance $ 10,000 $ 10,000 Total $ - $ 10,000 $ 10,000 Prior to Actions To ay Departmental Budget $ 33,229 Appropriated Fund Balance $ 23,476,355 Total if Actions Taken $ 43,229 $ 23 486 355 Section 2: Explanation BA 23-030 increases the salary for the Assistant District Attorney designated to collaborate with local, state, and federal law enforcement agencies in identifying gang -related crimes and to prosecute such criminal offenses in an effort to expedite the disposition of these cases. Salary adjustments from the state prompt this increase. Funding for this increase will come from fund balance. 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) 23-030 amending the annual budget ordinance for the fiscal year ending June 30, 2023, is adopted. Adopted, this 3rd day of October, 2022. (SEAL) Julia Olson-Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - October 3, 2022 ITEM: 4 - 3 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 10/3/2022 Regular County Lauren Bryant, Executive Director and Easton Fitzpatrick, DEPARTMENT: Manager PRESENTER(S): Advocate/Outreach Coordinator, Domestic Violence Shelter & Services, I nc. CONTACT(S): Chris Coudriet, County Manager SU BJ ECT: Consideration of Domestic Violence Awareness Month Proclamation BRIEF SUMMARY: Easton Fitzpatrick submitted the attached proclamation for the board's consideration to recognize October 2022 as Domestic Violence Awareness Month in New Hanover County. Easton and Executive Director Lauren Bryant will attend to accept the proclamation. New Hanover County partners with Domestic Violence Shelter & Services by providing $38,000 in outside agency funding. The county also provides annual funding through the Department of Social Services. They were converted to vendor status in FY19-20. STRATEGIC PLAN ALIGNMENT: • Superior Public Health & Safety o Sustain the community capacity to prepare for and respond to public safety demands ■ Collaborate to optimize system -wide responses and outcomes RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: Domestic Violence Awaress Month Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend adoption. COMMISSIONERS' ACTIONS: Approved 4-0. Board of Commissioners - October 3, 2022 ITEM: 5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS DOMESTIC VIOLENCE AWARENESS MONTH PROCLAMATION WHEREAS, domestic violence transcends all ethnic, racial, gender, and socioeconomic boundaries, weakening the very core of our community; and WHEREAS, the effects of domestic violence are far-reaching and may have lifetime implications for families, the criminal justice system, and the community; and WHEREAS, Domestic Violence Shelter and Services, Inc. provides emergency crisis intervention and ongoing support and services in New Hanover County for victims and survivors of domestic abuse; and WHEREAS, 1,168 adults and 117 children received direct services such as court accompaniment, advocacy, empowerment groups and counseling; including 128 adults and 110 children who received emergency shelter through Domestic Violence Shelter and Services, Inc. in the year 2021; and WHEREAS, on September 4, 2002, Gladys Bryant, an employee of New Hanover County for more than two decades, and on August 6, 2008, Tarica Pulliam, an employee of New Hanover County for two years, lost their lives in acts of domestic violence exhibiting to all their coworkers and friends, the prevalence of domestic violence and its consequences; and WHEREAS, many other persons throughout New Hanover County and the United States find themselves in abusive relationships and need to find a safe and empowering environment; and WHEREAS, this year's theme Capturing Hope serves as a call to action to citizens of New Hanover County to encourage, support, and empower one another to live lives free from violence. NOW, THEREFORE, BE IT PROCLAIMED, that the New Hanover County Board of Commissioners refuses to tolerate domestic violence in any form and wishes to create a society that promotes strong values, fosters a safe and loving home environment for every family, and encourages citizens to enhance their efforts to work together to address the problem of domestic violence. BE IT FURTHER PROCLAIMED by the New Hanover County Board of Commissioners that October 2022 be recognized as "Domestic Violence Awareness Month" in New Hanover County. ADOPTED this the 3rd day of October, 2022. NEW HANOVER COUNTY Julia Olson-Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - October 3, 2022 ITEM: 5 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 10/3/2022 Regular DEPARTMENT: County PRESENTER(S): Velva Jenkins, Chief Executive Officer and Ashley Lomboy, Board of Manager Directors Secretary, YWCA of the Lower Cape Fear CONTACT(S): Chris Coudriet, County Manager SU BJ ECT: Consideration of Indigenous Peoples' Day Proclamation BRIEF SUMMARY: The YWCA of the Lower Cape Fear serves the people located within the Cape Fear region. This land once thrived with life from Indigenous Peoples, known today as the Cape Fear Indians and the Waccamaw Siouan Indian People. They should be celebrated. A proclamation is submitted for consideration to recognize the second Monday in October as Indigenous Peoples' Day in New Hanover County. The purpose of the proclamation is to recognize Indigenous Peoples that once thrived on this land and to inspire others to also recognize native nations. STRATEGIC PLAN ALIGNMENT: • Good Governance o Effective County Management ■ Increase transparency and awareness about county actions RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: Indigenous Peoples' Day Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4-0. Board of Commissioners - October 3, 2022 ITEM: 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS INDIGENOUS PEOPLES' DAY PROCLAMATION WHEREAS, Indigenous Peoples' Day was first proposed in 1977 by a delegation of Native Nations to the International Conference on Discrimination Against Indigenous Populations in the Americas; and WHEREAS, a growing number of American cities have recognized the second Monday of October as "Indigenous Peoples' Day," reimaging Columbus Day as an opportunityto celebrate indigenous resiliency; and WHEREAS, New Hannover County recognizes the historical importance of the Indigenous Peoples' lands that later became known as the Americas, including the lands which became known as North Carolina; and WHEREAS, the state of North Carolina recognizes the fact that New Hanover County is built upon lands first inhabited by the Indigenous Peoples of this region; and WHEREAS, New Hanover County values the many contributions made to this community through Indigenous Peoples' knowledge, stewardship of these lands, labor, technology, science, philosophy, arts, and the deep cultural contribution that has substantially shaped the character of New Hanover County. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that the second Monday of October, October 10, 2022, will be recognized as "Indigenous Peoples' Day" in New Hanover County. Public institutions, businesses, and organizations are strongly encouraged to recognize and support Indigenous Peoples' Day; reaffirming the county's commitment to demonstrating appreciation of North Carolina's first peoples. ADOPTED this the 3rd day of October, 2022. NEW HANOVER COUNTY Julia Olson-Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - October 3, 2022 ITEM: 6 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 10/3/2022 Regular DEPARTMENT: Health and Human PRESENTER(S): Diana Hills, Health Education and Preparedness Supervisor and Services David Howard, Health Director CONTACT(S): Diana Hills and David Howard SU BJ ECT: Consideration of National Breast Cancer Awareness Month Proclamation BRIEF SUMMARY: One in eight North Carolina women are at risk for developing breast cancer within their lifetime. As part of Breast Cancer Awareness Month, women are encouraged to consult with their health care providers about regular screenings and examinations to promote early detection of breast cancer, and practice monthly self-examinations. STRATEGIC PLAN ALIGNMENT: • Good Governance o Effective County Management ■ Increase transparency and awareness about county actions RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: Breast CancerAwareness Month Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4-0. Board of Commissioners - October 3, 2022 ITEM: 7 NEW HANOVER COUNTY BOARD OF COMMISSIONERS NATIONAL BREAST CANCER AWARENESS MONTH PROCLAMATION WHEREAS, it is estimated that more than 11,723 women in North Carolina will be diagnosed with breast cancer in 2022; of these 11,723 women, 1,472 will die from the disease, and approximately 258 of the diagnosed cases will be in New Hanover County; and WHEREAS, 1 in 8 North Carolina women are at risk for developing breast cancer within their lifetime; and WHEREAS, breast cancer is the second most common form of cancer, and the second leading cause of cancer death for women in the United States; and WHEREAS, with routine mammogram screening and follow-up testing, the disease can be detected early and treated more effectively; and WHEREAS, being aware of the available health information, education, treatment, and support available can help individuals receive appropriate care and access resources to improve their quality of life; and WHEREAS, community organizations, local health departments, churches and job sites can play a key role in educating the public, members, or employees about breast cancer; and WHEREAS, October is designated as "National Breast Cancer Awareness Month;" and WHEREAS, the pink ribbon is the internationally recognized symbol of breast cancer awareness; and WHEREAS, New Hanover County encourages people to recognize that breast cancer is treatable, and that routine screening and early detection can save lives. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that October 2022 will be recognized as "National Breast Cancer Awareness Month" in New Hanover County. Citizens are encouraged to wear pink ribbons in recognition of breast cancer and in honor of women who are courageously fighting the battle with breast cancer. The board further encourages women to consult with their health care providers about regular screenings and to promote early detection of breast cancer by having regular clinical breast examinations, getting regular mammograms, and practicing a monthly breast self-examination. ADOPTED this the 3rd day of October, 2022. Julia Olson-Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - October 3, 2022 ITEM: 7 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 10/3/2022 Regular Health and Diana Hills, Health Education and Preparedness Supervisor; David DEPARTMENT: Human PRESENTER(S): Howard, Health Director; and Donna Fayko, Health & Human Services Services Director CONTACT(S): Diana Hills and David Howard SU BJ ECT: Consideration of National Substance Abuse Awareness Month Proclamation BRIEF SUMMARY: The 2020 National Survey on Drug Use and Health reported approximately 12.73% of North Carolina residents over the age of 12 had a substance use disorder in the past year and in 2021 the rate of overdose deaths in New Hanover County was 38.4 per 100,000 residents. Educating family, friends, and our community about how substance use disorder affects all residents in New Hanover County is essential to combatting misconceptions and building effective grassroots and professional services solutions. STRATEGIC PLAN ALIGNMENT: • Good Governance o Effective County Management ■ Increase transparency and awareness about county actions RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: Substance Abuse Awareness Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4-0. Board of Commissioners - October 3, 2022 ITEM: 8 NEW HANOVER COUNTY BOARD OF COMMISSIONERS NATIONAL SUBSTANCE ABUSE AWARENESS MONTH PROCLAMATION WHEREAS, prevention and recoveryfrom substance use disorder is possible through sound prevention, education, intervention, and quality treatment; and WHEREAS, the 2020 National Survey on Drug Use and Health reported approximately 12.73 percent of North Carolina residents over the age of 12 had a substance use disorder in the past year; and WHEREAS, in 2021 the rate of overdose deaths in New Hanover County was 38.4 per 100,000 residents; and WHEREAS, an estimated 19.8 percent of the adult population (age 18 and older) in North Carolina had a mental illness in the past year; and WHEREAS, in 2020 the rate of suicide deaths in New Hanover County was 15.3 per 100,000 residents; and WHEREAS, symptoms of mental illness can be masked or exacerbated by substance use, both sharing common factors and risks, that should be assessed and treated together when possible; and WHEREAS, risk for developing substance use is elevated for individuals who have had a high number of traumatic or challenging experiences in childhood, therefore needing increased access to prevention, education, intervention, and treatment; and WHEREAS, the development of substance use and mental disorders are serious public health concerns that evidence -based prevention can prevent and reduce, and quality treatment can heal; and WHEREAS, educating family, friends, and the community about how substance use disorder affects all residents in New Hanover County, is essential to combat misconceptions and build effective grassroots and professional services solutions. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that October 2022 will be recognized as "National Substance Abuse Awareness Month" in New Hanover County. Residents are invited to reflect and raise awareness on the role substance use disorder plays in community health. New Hanover County commends and urges residents and community organizations to join in this observance. ADOPTED this the 3rd day of October, 2022. NEW HANOVER COUNTY Julia Olson-Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - October 3, 2022 ITEM: 8 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 10/3/2022 Regular DEPARTMENT: County PRESENTER(S): Tim Buckland, Intergovernmental Affairs Manager, and Susi Hamilton, Manager Film Partnership of North Carolina CONTACT(S): Tim Buckland SU BJ ECT: Consideration of Updated American Rescue Plan Framework and Film Internship Grant Request BRIEF SUMMARY: The American Rescue Plan Act (ARPA) was signed into law by President Biden on March 11, 2021. The law called for New Hanover County to receive more than $45.5 million in direct federal aid, to be paid in two installments, to respond to and recover from the community health and economic impacts of the COVID-19 pandemic. In April 2021, the New Hanover County Board of Commissioners adopted its initial framework to guide the use of funds and amended the plan in July 2021, September 2021, January 2022 and June 2022 based on updated federal rules and guidance as well as emerging needs and priorities. This updated framework includes adjustments in funding to the broadband assistance and mortgage assistance programs, which have concluded and are not accepting new applicants. It further contains a request from the Film Partnership of North Carolina for $500,000 in funding to continue a film crew internship program begun in 2021 from a grant from the City of Wilmington's ARPA funds. STRATEGIC PLAN ALIGNMENT: • Good Governance o Strong Financial Performance ■ Proactively manage the county budget • Superior Public Health & Safety o Sustain the community capacity to prepare for and respond to public safety demands ■ Collaborate to optimize system -wide responses and outcomes RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear the presentation and approve the updated framework. ATTACHMENTS: Request letter American Rescue Plan Framework COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Board of Commissioners - October 3, 2022 ITEM: 9 Recommend approval. COMMISSIONERS' ACTIONS: Approved 4-0. Board of Commissioners - October 3, 2022 ITEM: 9 Board of Commissioners - October 3, 2022 ITEM: 9 - 1 - 1 Board of Commissioners - October 3, 2022 ITEM: 9 - 1 - 2 American Rescue Plan Overview New Hanover County will receive $45,543,632 from the American Rescue Plan, which was signed into law by President Biden on March 11, 2021. The funds must be obligated by Dec. 31, 2024, and spent by Dec. 31, 2026. New Hanover County has developed a framework to utilize these funds to strengthen our community. The Board of Commissioners approved the initial framework at its April 5, 2021, board meeting and has approved revisions since then. Each initiative has been vetted by county staff to ensure compliance with the law and the U.S. Treasury Department Rules and Guidance. In some programs, the italicized figure is the administrative cost in addition to the program cost. Broadband Connectivity - $152,500 The Congressional language permits using the funds for broadband purposes, so the county has undertaken the following: Broadband Access: A program to connect homes to broadband, focusing on households with children who qualify for Medicaid or Food and Nutrition benefits, for two years in order to increase access and affordability to reliable high-speed internet for students and families. ($152,000) COMPLETED Administrative Cost: $500 Business and Employment Assistance - $4,446,142 The legislation allows for assistance to businesses and nonprofits. New Hanover County's leisure and hospitality sectors were particularly hard hit during the pandemic and the county has undertaken the following: Business Assistance: Business grants, scaled in size based on a business' number of employees, focused on the retail, service, leisure and hospitality sectors and child care facilities. ($2,302,112) COMPLETED Administrative Cost: $15,225 Nonprofit Assistance: Grants to nonprofits that have been negatively impacted and were not able to continue operations at some point during the pandemic. ($661,667) COMPLETED Administrative Cost: $22,138 Job Training: Two jobs programs, to be administered in partnership with Step Up Wilmington, to include an ongoing paid job training and placement program, as well as a six-month paid internship and job placement program for an additional 10 to 20 people to develop long-term skills and employment. ($900,000) Administrative Cost: $45,000 Film crew internship program: In coordination with the Film Partnership of North Carolina, a program providing on-the-job internships and training tailored to the local film industry. ($450,000) Administrative Cost: $50,000 Board of Commissioners - October 3, 2022 Updated October 3, 2022 ITEM: 9 - 2 - 1 Housing - $4,187,744 The legislation allows assistance to households who have been impacted by the COVID-19 pandemic and for the development of affordable housing, so the county has undertaken the following: Mortgage Assistance: Provide assistance to homeowners who are in arrears on mortgages because of impacts from COVID-19. This would be in addition to the $7 million Emergency Rental Assistance Program that is currently underway through the county. ($1,500,000) COMPLETED Administrative Cost: $109,573 Workforce Rental Housing Assistance: A pilot project to provide residents who qualify under workforce housing guidelines by providing direct payments to landlords. ($600,000) Administrative Cost: $1,724 Starway Village Gap Financing: To support the development of nearly 300 affordable housing units off Carolina Beach Road. ($1,896,729) Housing Specialist: A position at the Department of Social Services to provide counseling around housing. ($34,059) Emergency Rental Assistance Program Manager: A position at the Department of Social Services to manage the ERAP program. ($45,659) Physical and Mental Health - $21,202,556 The well-being and mental health of children, students and seniors suffered during the pandemic and the legislation allows local governments to use funds to mitigate the public health impact of the pandemic. The county will use funds as outlined below to help address these issues and provide long- term positive impacts. With the exception of the infant and toddler initiatives, the intention is to fold the services into the county's continuation budget beginning in Fiscal Year 2023-24. Community Violence Initiatives: To support the Board's commitment to reduce violence in schools and the community through several innovative approaches. ($10,468,329) Mental Health in Schools: Ensure access at each public school to mental health counselors through the county's Health and Human Services Department. ($3,666,990) Mental Health for Seniors: Establish mental health counselors and a mobile health outreach team based at the Senior Resource Center to serve our county's older adults. ($366,146) Virtual Outreach Position: Based at the Senior Resource Center, the position develops and maintains virtual programs for the SRC, which allows broader reach and service delivery. ($106,156) School Nurses: Reclassify two school nurses into school nurse leads and provide one school nurse supervisor through the county's Health and Human Services Department, in addition to the school nurses that the county already provides at each school. ($211,892) Afterschool Transportation: Providing New Hanover County Schools students with transportation needs for afterschool and tutoring programs ($600,000) Health Educator: A health educator position. ($153,874) Board of Commissioners - October 3, 2022 Updated October 3, 2022 ITEM: 9 - 2 - 2 Senior Resource Center: A congregate site in southern New Hanover County for the Senior Resource Center for meal distribution and social interaction. It also provides for enhanced meal distribution at the SRC's existing sites. ($436,790) Senior Resource Center: To cover the costs of providing transportation to seniors for two years. ($223,500) Infant and Toddler Mental Health: Provide two years of recovery -related mental health services for families with infants and toddlers through four county staff positions at Health and Human Services. ($854,040) Infant and Toddler Mental Health Scholarships: To provide scholarships to mental health professionals to earn advanced certificates and training focusing on early childhood mental health. ($100,000) Pandemic Operations Team: Establish a dedicated team of professionals to manage the ongoing pandemic response. ($2,909,651) Addressing Homelessness: Services for New Hanover County's homeless population to include mental and behavioral health services, substance abuse treatment, employment and housing assistance and medical and dental care. ($1,105,188) Infrastructure - $1,551,340 Congressional language explicitly allows the American Rescue Plan allocations for water and sewer projects. The county will use funds in the following ways: Water & Sewer: • Water and sewer infrastructure to support Habitat For Humanity's development of two affordable housing neighborhoods in northern New Hanover County. ($1,116,751) • Bill assistance program ($159,589) COMPLETED Administrative Cost: $25,000 • To extend water and sewer to Eden Village, which is being established to address chronic homelessness in the community. ($250,000) COMPLETED Essential County Government Services - $12,605,232 The American Rescue Plan allows for use of lost revenue funding for essential government services and for "premium pay' for employees who provided essential government services and for testing of the coronavirus, so the county has used funds in the following ways: Essential Services: • Use funds under the Treasury Department's "lost revenue" category to provide essential government services. ($6,817,567) Employee Pay: • Provide employee premium pay in fixed dollar amounts based on an employee's length of service during the pandemic and full- or part-time status. This is in recognition of county staff who have remained on the frontlines, continued important public services, and ensured residents received the help they needed at a time when it was critical. ($5,284,811) COMPLETED Board of Commissioners - October 3, 2022 Updated October 3, 2022 ITEM: 9 - 2 - 3 • Provide additional premium pay for employees working directly in the vaccine response to compensate them for their dedication, long hours and constant work in vaccinating our community and saving lives. ($346,801) COMPLETED Testing: • To provide weekly tests for unvaccinated employees to ensure continuity of service. ($156,053) COMPLETED Reserve and Administration - $1,398,118 The legislation allows the county to set aside funds as a reserve for potential future allowable expenses as well as funds to administer and provide reports as needed. These funds do not include amounts already factored into individual programs. • A reserve fund for future needs, administration and reporting. ($1,398,118) Total Amount of Funding Outlined in the County's Plan: $45,543,632 Board of Commissioners - October 3, 2022 Updated October 3, 2022 ITEM: 9 - 2 - 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 10/3/2022 Regular DEPARTMENT: Engineering PRESENTER(S): Jim lannucci, County Engineer CONTACT(S): Jim lannucci SU BJ ECT: Consideration of Stormwater Design Manual Revision BRIEF SUMMARY: The Stormwater Ordinance was revised and approved last year. Engineering then contracted with the design firm WK Dickson to assist with a revision to the Stormwater Design Manual to accompany the revised Stormwater Ordinance. A copy of the revised Stormwater Design Manual and a list of the major revisions is attached for your reference. The Stormwater Design Manual is referenced in the Stormwater Ordinance in section 7.5: The New Hanover County Stormwater Design Manual, as approved by the New Hanover County Board of County Commissioners, with subsequent amendments approved by the County Manager, is adopted by reference as part of this article and shall be available through the Engineering Department. A list of major revisions is attached for your reference. The manual has been updated to reflect accepted industry standards and practices for stormwater control measures and drainage conveyance systems. Instead of tables and nomographs that become outdated, links have been provided to connect users with the most updated versions of rainfall data, stormwater calculations and websites of North Carolina Department of Environmental Quality, North Carolina Department of Transportation, United States Army Corps of Engineers and others. The manual has also been greatly simplified and will be available on the Engineering webpage at the New Hanover County website for ease of use. STRATEGIC PLAN ALIGNMENT: Superior Public Health & Safety o Sustain the community capacity to prepare for and respond to public safety demands Collaborate to optimize system -wide responses and outcomes Reduce or prevent community risks RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the revised Stormwater Design Manual. ATTACHMENTS: Major Re\isions Stormwater Design Manual COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Board of Commissioners - October 3, 2022 ITEM: 10 Recommend approval. COMMISSIONERS' ACTIONS: Approved 4-0. Board of Commissioners - October 3, 2022 ITEM: 10 New Hanover County Stormwater Design Manual 2022 Update — Major Revisions 2022 Manual Chapter 2000 Manual Major Revisions Section Chapter 1 — Introduction 20 Design policies now in Chapters 3, 4, and 5 Each chapter will be maintained separately on the New Hanover County website and individual updates posted, as necessary. Chapter 2 —Site Development Drainage Plan or Stormwater Permit replace Authorization to and Submittals 30.1 Construct Stormwater Management Plan (SWMP) to be submitted with Stormwater Permit Application to include: • Site Plans — Expanded list of requirements • Narrative Statement — Expanded and detailed content 30.2 requirements • Design Data and Calculations — Detailed list of data requirements for inlets, pipes, culverts, open channels, stormwater control measures (SCMs), downstream assessment, Operation & Maintenance Plan and Agreement Plan review period: 30.4 • 30 days (< 100 acres) • Case -by -case basis (> 100 acres) Easement requirements for piped systems and open channels 50.2.8, 60.1.3 included here 120 Stormwater Permit Application Fee Schedule provided via web link to current New Hanover County Fee Schedule Chapter 3 — Hydrology 40 Updated Rational Method C values and frequency factors Rainfall data from NOAA Atlas 14 (with web link to NOAA) 70 Hydrograph determination guidance included here Chapter 4 - Hydraulics No design aid nomographs or charts. Web links provided to 50, 60, 90 NCDOT and FHWA guidance documents. Additional minimum standards specific for New Hanover County conditions included. Design requirements for drop inlets have been added Gutter Spread Deleted 15 minute drawdown requirement for curb inlets Memo Chapter 5 —Stormwater Design requirements for water quantity only. Web link to Control Measures (SCMs) 70, 80, 110 NCDEQ for water quality design. 70 Hydrograph determination procedure now in Chapter 3 Soil infiltration rate tests required for infiltration systems More detail on downstream assessment requirements Chapter 6 — Long -Term Eligibility and requirements for transfer of stormwater Operation and Maintenance 100 conveyance maintenance Updated Operations & Maintenance and Agreement Form Board of Commissioners - October 3, 2022 ITEM: 10- 1 - 1 L� New Hanover County Stormwater Design Manual September 2022 ��q IIEL A New Hanover County Stormwater Design Manual 1 INTRODUCTION Contents 1 INTRODUCTION..........................................................................................................................1-1 1.1 Purpose and Scope.....................................................................................................................1-2 1.2 Updates to the Manual..............................................................................................................1-2 1.3 Stormwater Regulations, Policies, and Standards.....................................................................1-2 1.4 Roles and Responsibilities..........................................................................................................1-3 1.4.1 New Hanover County's Responsibility...............................................................................1-3 1.4.2 Engineering Designer's Responsibility...............................................................................1-3 1.4.3 Property Owner/ Applicant Responsibility........................................................................1-3 S E P T E M B E R 2022 1-1 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 2 NEW HANOVER COUNTY STORMWATER DESIGN MANUAL CHAPTER 1 — INTRODUCTION Purpose and Scope The purpose of this Stormwater Design Manual is to set forth the performance, design, and construction requirements for stormwater systems in unincorporated New Hanover County and to describe the plan submittal requirements and design procedures for use by property owners/applicants and designers. The methods and procedures presented in this Manual are intended to simplify the design and review process for residential and commercial stormwater systems in New Hanover County. 1.2 Updates to the Manual This Manual provides detailed yet straightforward guidance for stormwater planning and permitting requirements and the associated plan review process in New Hanover County, as well as long-term operations and maintenance requirements and responsibilities for county engineering staff, property owners, and design professionals. Lastly, the requirements outlined in this Manual are compatible with New Hanover County's current Stormwater Ordinance and all other applicable sections of the county's Unified Development Ordinance. The updated Manual will be available as individual chapters on the county's website. This format will allow for easy updates, modifications, and improvements. As design criteria and technology evolve, the relevant chapter will be updated as necessary, and the latest revision date will be indicated. It will be the user's responsibility to use the most current edition of each Manual chapter, applicable at the time of county approval. 1.3 Stormwater Regulations, Policies, and Standards No structure or land shall be located, extended, converted, altered, or developed in any way without full compliance and consistency with all applicable New Hanover County, State of North Carolina, and U.S. federal laws, regulations, and policies related to land development and stormwater management, including but not limited to: • New Hanover County Unified Development Ordinance — UDO (especially Articles 6, 7, and 9, which incorporate this Design Manual by reference) • North Carolina Department of Environmental Quality (NCDEQ) Coastal Area Management Act Regulations — CAMA • NCDEQ Water Supply Watershed Regulations — WSW • NCDEQ Dam Safety Program — DSP • NCDEQ Stormwater Minimum Design Criteria — MDC • North Carolina State Department of Transportation Standard Specifications for Roads and Structures — NCDOT (These are minimum standards for conveyances to be maintained by New Hanover County — see Chapter 6.3 of this Manual.) • Federal Clean Water Act — CWA (Sections 401 and 404) • Federal Emergency Management Agency Floodplain Regulations — FEMA (Link to NC Floodplain Mapping Program website. Any area susceptible to be inundated by water from any source.) S E P T E M B E R 2022 1-2 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 3 NEW HANOVER COUNTY STORMWATER DESIGN MANUAL CHAPTER 1 — INTRODUCTION If the requirements of any of these laws, regulations, or policies are in conflict with another, the more stringent or higher requirements shall govern unless limited by state or federal law. 1.4 Roles and Responsibilities 1.4.1 New Hanover County's Responsibility The county has a role in the management of stormwater quantity through authorization, planning, construction, operation, and maintenance of facilities to reduce the adverse effects of stormwater runoff in accordance with local, state, and federal statutes and regulations. In addition, it is the county's intent for Stormwater Services to provide maintenance services or assistance for portions of stormwater conveyances on private property according to the eligibility criteria and requirements for county acceptance identified in Sections 6.3.1 and 6.3.2 of this Manual. 1.4.2 Engineering Designer's Responsibility It is the responsibility of the designer to be fully aware of all applicable laws, regulations, and policies including but not limited to those identified in Section 1.3 of this Manual for the design of the stormwater system, including each measure used in the stormwater system. The designer is not required to use the methods presented; however, the methods, tables, figures, and procedures described in this Manual will be used by the county to review and issue decisions concerning the proposed stormwater systems. 1.4.3 Property Owner/ Applicant Responsibility It is the responsibility of the property owner/applicant to be fully aware of all applicable laws, regulations, and policies, including but not limited to those identified in Section 1.3 of this Manual. SEPTEMBER 2022 1-3 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 4 New Hanover County Stormwater Design Manual 2 SITE DEVELOPMENT AND SUBMITTAL REQUIREMENTS Contents 2 SITE DEVELOPMENT AND SUBMITTAL REQUIREMENTS...........................................................2-1 2.1 Introduction...............................................................................................................................2-3 2.2 Drainage Plan.............................................................................................................................2-3 2.3 Stormwater Permit Application.................................................................................................2-4 2.3.1 Plan Review Process and Submittal Requirements...........................................................2-4 2.3.2 Stormwater Management Plan.........................................................................................2-5 2.4 Site Plan Certifications.............................................................................................................2-13 2.4.1 Designer's Plan Certification............................................................................................2-13 2.4.2 Property Owner's Plan Certification................................................................................2-13 2.5 Application Fee Schedule........................................................................................................2-14 2.6 Easements...............................................................................................................................2-14 2.6.1 Easement Definition........................................................................................................2-14 2.6.2 Donation of Easements to New Hanover County............................................................2-14 2.6.3 Permanent Drainage Easements and Restrictions..........................................................2-14 2.6.4 Public Easements for Pipe and Culvert Systems..............................................................2-15 2.6.5 Public Easements for Open Channels..............................................................................2-16 2.7 Certificate of Completion........................................................................................................2-16 S E P T E M B E R 2022 2-1 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 5 NEW HANOVER COUNTY STORMWATER DESIGN MANUAL CHAPTER 2 — SITE DEVELOPMENT AND SUBMITTAL REQUIREMENTS Tables 2-1. Submittal Types for Development Projects..................................................................................2-3 2-2. Development Conditions Requiring a Stormwater Permit...........................................................2-4 2-3. Review Schedule for Stormwater Permit Application Submittal Package....................................2-5 2-4. Site Plan Requirements.................................................................................................................2-6 2-5. Required Contents for Narrative Report.......................................................................................2-7 2-6. Stormwater Design Analysis Information Requirements for Inlets..............................................2-8 2-7. Stormwater Design Analysis Data Requirements for Pipe Segments...........................................2-9 2-8. Stormwater Design Analysis Data Requirements for Culverts....................................................2-10 2-9. Stormwater Design Analysis Information Requirements for Open Channels.............................2-10 2-10. Stormwater Design Analysis Information Requirements for SCMs..........................................2-11 2-11. Stormwater Analysis Information Requirements for Downstream Assessment ......................2-12 2-12. Allowable and Prohibited Encroachments into Permanent Drainage Easements ....................2-15 Figures 2-1. Designer's Plan Certification ............. 2-2. Property Owner's Plan Certification . 2-3. Designer's Construction Certification SEPTEMBER 2022 .2-13 .2-13 .2-16 2-2 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 6 NEW HANOVER COUNTY STORMWATER DESIGN MANUAL CHAPTER 2 — SITE DEVELOPMENT AND SUBMITTAL REQUIREMENTS 2.1 Introduction All land to be developed within the unincorporated areas of New Hanover County shall have sufficient stormwater conveyances and control measures to ensure the protection of life, property, and natural resources from an increased quantity of runoff. In general, all site development projects require the submittal of either a Drainage Plan or a Stormwater Permit Application according to the development threshold criteria indicated in Table 2-1. Drainage Plan requirements are described in Section 2.2, and Stormwater Permit Application requirements are described in Section 2.3 of this Manual. Table 2-1. Submittal Types for Development Projects Submittal Type Development Threshold Criteria Drainage Plan Less than 10,000 square feet of built -upon area Stormwater Permit Application Greater than or equal to 10,000 square feet of built -upon area or as part of a common plan for development 2.2 Drainage Plan Submittal and approval of a Drainage Plan are required for all development having less than 10,000 square feet of built -upon area unless all of the following conditions are met: 1. The development does not result in additional built -upon area; 2. The development does not include the importation of any fill material; 3. The development does not alter the capacity or pattern of any existing drainage conveyance systems or involve the piping of any open conveyance; and 4. The development provides greater or equal stormwater control than the previous development. The Drainage Plan shall be submitted as part of the application for a building permit or land -disturbing permit. It is the responsibility of an applicant to provide sufficient information in the Drainage Plan so the county or its agents may reasonably evaluate the characteristics of stormwater modifications, the potential and predicted impacts of the proposed activity on adjacent areas, and the effectiveness and acceptability of those measures proposed by the applicant for reducing adverse impacts. The applicant shall provide, as necessary, maps, tables, photographs, narrative descriptions, and explanations to demonstrate compliance with the county's stormwater management standards. A Drainage Plan must include the following components: 1. A map showing the location of existing and proposed drainage features, including culverts (size), ditches (width and depth), inlets, downspouts, and splash blocks, 2. Direction arrows indicating the flow path of stormwater runoff, and 3. Details demonstrating how existing drainage patterns on the site will be maintained with no adverse impacts to adjacent parcels. Drainage Plans that satisfy stormwater requirements for the development do not need to be prepared by a registered design professional. However, the county will consider plans and additional alternatives SEPTEMBER 2022 2-3 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 7 NEW HANOVER COUNTY STORMWATER DESIGN MANUAL CHAPTER 2 — SITE DEVELOPMENT AND SUBMITTAL REQUIREMENTS to meet the stormwater requirements if prepared by a Professional Engineer licensed in the State of North Carolina. A meeting (virtual or onsite) with the County Engineer or their designee is strongly encouraged prior to Drainage Plan preparation. 2.3 Stormwater Permit Application A Stormwater Permit is required when there will be 10,000 square feet or more of built -upon area on any site or as part of a common plan for development. A Stormwater Permit is also required when a site with an existing Stormwater Permit is to be redeveloped or expanded. A one-time exemption may be granted for certain redevelopment or expansion conditions that add up to 3,000 square feet of built - upon area. Development conditions requiring a Stormwater Permit are summarized in Table 2-2. Table 2-2. Development Conditions Requiring a Stormwater Permit Stormwater Permit 10,000 square feet or more of accumulated built -upon area, area of Required disturbance, or impervious area on any site or as part of a common plan of development Redevelopment or expansion of a site with an existing Stormwater Permit Stormwater Permit One -Time Exemption Addition of up to 3,000 square feet of built -upon area Required stormwater control measures (SCMs) shall be designed, constructed, and maintained by the owner of the property in accordance with the provisions of all county ordinances, state, and federal regulations, and the requirements of this Manual. A design variance from the requirement to provide management of post -development runoff as described in the New Hanover County Stormwater Management Ordinance and this Manual must be requested in advance, in writing. A design variance can include a request to utilize Low Impact Development (LID) methods, as described in New Hanover County - City of Wilmington LID Guidance Manual, in lieu of meeting post -development runoff standards if the receiving water body is not impacted. A final Stormwater Permit will be issued to the applicant, subject to verification and certification by the County Engineer that the final design meets the requirements identified in the original written variance request. All other New Hanover County Stormwater Management Ordinance provisions remain applicable to development within unincorporated areas. 2.3.1 Plan Review Process and Submittal Requirements The Stormwater Permit Application, Stormwater Management Plan (SWMP), and all other required supporting documentation shall be submitted to New Hanover County and reviewed by the county or its agents. The county's review of the application and supporting documents shall determine if the submittal request is complete and in accordance with the requirements of the New Hanover County Stormwater Management Ordinance and this Manual. Nothing in the review shall create additional duties on the part of the county that are the responsibilities of the owner and the design professional. SEPTEMBER 2022 2-4 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 8 NEW HANOVER COUNTY STORMWATER DESIGN MANUAL CHAPTER 2 — SITE DEVELOPMENT AND SUBMITTAL REQUIREMENTS The county will issue a Stormwater Permit after it has been determined the application and supporting documents are consistent with the requirements of the New Hanover County Stormwater Management Ordinance. The County Engineer has established a review schedule for each Stormwater Permit Application submittal based on the size and complexity of the project, as indicated in Error! Reference source not found.. Table 2-3. Review Schedule for Stormwater Permit Application Submittal Package Review Schedule Projects 10 Acres and Less Projects Over 10 Acres and Less than 100 Acres Projects Greater Than 100 Acres Phased Projects Calendar Days to Complete 30 30 Case -by -case basis Case -by -case basis Upon receipt of the Stormwater Permit, the owner may construct the development or redevelopment activity in accordance with the conditions of the Stormwater Permit. It shall be the owner's and the design professional's responsibility through adequate inspection, to ensure construction is completed in accordance with the applications, plans, profiles, details, and specifications submitted by the owner and determined by the County Engineer to be consistent with the New Hanover County Stormwater Management Ordinance and the requirements of this Manual. 2.3.2 Stormwater Management Plan A Stormwater Management Plan (SWMP) for the site must be designed in accordance with the requirements of this Manual to minimize flooding, water quality impacts and erosion, prevent off -site sedimentation and manage stormwater runoff, and be submitted with the Stormwater Permit Application as a prerequisite to obtaining a Stormwater Permit. The SWMP shall be prepared and designed in accordance with all current New Hanover County ordinances and regulations, applicable state and federal laws and regulations, and this Manual. The SWMP shall include supporting documentation consisting of Site Plans with required certifications, a Narrative Report, Stormwater Design Data and Calculations, a Downstream Assessment, an Operation & Maintenance (O&M) Plan and Agreement, information regarding other permits required for the development of the site, and other such material as may be required by the county to review the Stormwater Permit Application for a project. SWMP requirements are detailed in Sections 2.3.2.1 through 2.3.2.6. 2.3.2.1 Site Plans One set of digital site plans shall be submitted to the New Hanover County Engineering Department for review. Site plans must be dated, signed, and sealed by a Professional Engineer licensed in the State of North Carolina. Site plans shall include existing site data and proposed site improvements as identified in Table 2-4. SEPTEMBER 2022 2-5 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 9 NEW HANOVER COUNTY STORMWATER DESIGN MANUAL CHAPTER 2 — SITE DEVELOPMENT AND SUBMITTAL REQUIREMENTS Table 2-4. Site Plan Requirements Existing Site Data 1. Owner name 2. Project name 3. Boundaries and Parcel Identification Numbers of all parcels comprising the proposed development, adjacent streets, and associated rights -of -way 4. Topographic survey map with 1-foot contour intervals of natural ground surface, including spot elevations, with elevations tied to North American Vertical Datum of 1988 (NAVD88). Horizontal coordinate values shall be based on the North Carolina State Plane Grid Coordinate System of 1983 (NAD83). 5. Survey map of delineated 404 wetlands approved by the U.S. Army Corps of Engineers or certification by the design professional that no wetlands exist on the site 6. Existing drainage features and sizes (ditches, swales, pipes, culverts, ponds, SCMs, inlets, etc.) 7. Adjacent lakes, streams, and other major drainageways 8. Soil types with hydrologic groups 9. Regulated tree types and sizes and the location of the tree lines 10. Any additional information deemed necessary by the County Engineer Proposed Site 11. Built -upon area Improvements 12. Areas of site expansion, redevelopment, and phases of development, if applicable 13. All proposed land -disturbing activities with lot grading and limits of disturbance 14. Existing and new impervious surface areas 15. Onsite drainage features including overland flow paths, stormwater conveyances, and SCMs with size, material, location, and elevations 16. Delineation of offsite and onsite drainage areas contributing to each inlet, pipe, culvert, open channel, and SCM 17. Location of all drainage exit points from the proposed development 18. Offsite drainage features, including connections to upstream and downstream public - maintained stormwater systems 19. Proposed topographic survey data with 1-foot contour intervals including spot elevations, with elevations tied to North American Vertical Datum of 1988 (NAVD88). Horizontal coordinate values shall be based on the North Carolina State Plane Grid Coordinate System of 1983 (NAD83). 20. Design discharges 21. Regulatory floodplain with 100-Year flood elevations (from FIRM Maps or as computed) on each proposed parcel or lot 22. New development with finished floor elevations and roof leader locations, if known S E P T E M B E R 2022 2-6 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 10 NEW HANOVER COUNTY STORMWATER DESIGN MANUAL CHAPTER 2 — SITE DEVELOPMENT AND SUBMITTAL REQUIREMENTS Table 2-4. Site Plan Requirements 23. Plans, profiles, details, and specifications for constructing all improvements (including demolition plan, site grading, utilities, erosion prevention and sediment control plan, landscape plan) 24. Private facilities 25. Public facilities 26. Location of existing and proposed utilities including gravity sanitary sewer inverts and profiles 2.3.2.2 Narrative Report A Narrative Report shall be submitted with the SWMP submitted for review. This report shall describe the existing site conditions and detail the general intent of the development by describing proposed development plans. If the development is to be constructed in phases, include details of the proposed phases. The Narrative Report shall describe in detail the proposed stormwater management system including the measures included in the system and the functioning of each item. To assist the county's review of the project design, the submittal shall include general descriptions of the proposed detention and/or infiltration/retention SCM systems. The report shall also include the stormwater analysis methodologies used for design calculations. The Narrative Report for each submittal shall include the contents identified in Table 2-5. Table 2-5. Required Contents for Narrative Report Section Description Project Description 1. Overall description of existing site conditions and proposed development plans 2. Proposed phasing (construction sequencing) of the development site if applicable. Existing and Proposed Stormwater Management 3. General description of the existing and proposed stormwater management System systems, including all discharge points, collection, conveyance, and SCMs Design Methodologies, 4. Discuss hydrology and hydraulic methodologies, parameter selection, and Parameters, and assumptions used for stormwater design calculations for all stormwater Calculations conveyances and SCMs 5. All required design calculations for stormwater conveyances and SCMs as detailed in Tables 2-6 through 2-10 of this Manual shall be included in the Narrative Report as Appendices. Reference Maps 6. Supporting reference maps for the site, including FIRM or FIRMette, USGS 7.5 Minute Quadrangle Map, NRCS Soil Map, NOAA Atlas 14, and appropriate maps available from the New Hanover County GIS Portal, for site design and downstream assessment calculations Downstream Assessment 7 Discuss the need (or no need) for a downstream assessment and the associated analysis, selection of analysis points, and results S E P T E M B E R 2022 2-7 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 11 NEW HANOVER COUNTY STORMWATER DESIGN MANUAL CHAPTER 2 — SITE DEVELOPMENT AND SUBMITTAL REQUIREMENTS Table 2-5. Required Contents for Narrative Report Section Description 8. A drainage area map locating the proposed development in the watershed, the exit points of the property, and the selected/county-approved assessment point(s) 9. Discuss hydrology analysis methodology, parameter selection, and assumptions for downstream assessment 10. All required calculations, as detailed in Table 2-11 of this Manual, shall be included with the Narrative Report as an Appendix Coordinating Permits 11. List and discuss all federal, state, and local permitting requirements, including U.S. Army Corps of Engineers, FEMA, jurisdictional wetland determination, endangered species, and Coastal Area Management Act (CAMA). Easements 12. Discuss easement requirements Appendices 13. Include all required Appendices 2.3.2.3 Design Calculations One set of design calculations signed and sealed by a Professional Engineer licensed in the State of North Carolina shall be submitted digitally for review. The design calculations shall include pre - development and post -development discharges from the development site and all conveyance measures and SCMs. Offsite and onsite drainage areas contributing to each inlet, pipe, culvert, open channel, or SCM shall be delineated and tabulated. Existing and proposed stormwater conveyance systems and SCMs shall be shown on the Site Plans with details and capacities of each system included with the calculations. Descriptions of the data and information required for the hydrologic and hydraulic design (stormwater design analysis) of inlets, pipe segments, culverts, and open channels to be included with the SWMP are listed in Table 2-6 through Table 2-9, respectively. Additional information and data required specifically for detention and infiltration/retention SCMs, designed for water quantity control are listed in Table 2-10. Stormwater analysis information needed for a downstream assessment is listed in Table 2-11. Table 2-6. Stormwater Design Analysis Information Requirements for Inlets Curb Inlets 1. Inlet design flow (4 inches per hour, 25-year), additional analysis flow (100-year) 2. Width of spread (feet) at design flow 3. Verify spread limit at design flow is not exceeded upstream of sag (8 feet or 1/3 of street width) 4. Ponding depth at design flow (< 6 inches) and at 100-year flow will not cause structural flooding to adjacent buildings or other interests 5. Bypass discharge at superelevations and cross overs (< 0.1 cubic feet per second) Drop Inlets 6. Inlet design flow (25-year) and additional analysis flow (100-year) 7. Ponding depth at design flow 8. Verify no increase in 100-year ponding levels on adjacent property S E P T E M B E R 2022 No Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 12 NEW HANOVER COUNTY STORMWATER DESIGN MANUAL CHAPTER 2 — SITE DEVELOPMENT AND SUBMITTAL REQUIREMENTS Table 2-7. Stormwater Design Analysis Data Requirements for Pipe Segments Abbreviation Description FROM Identification label for the upper end of each pipe segment TO Identification label for the lower end of each pipe segment SUB AREA (acres) The drainage area contributing to the end of the pipe listed by designation FROM TOTAL AREA (acres) The total drainage area draining to the upstream end of the pipe INLET TIME (minutes) Flow time of the drainage area contributing directly to the inlet at the upper end of the pipe being sized PIPE TIME (minutes) Sum of all flow times in pipe along the longest flow path (in terms of time) to the pipe being sized TIME OF CONCENTRATION The longest flow time of all possible paths from the most remote point in the system to the upstream end of the pipe being sized. This is the time of (minutes) concentration for flow to the upstream end of the pipe being sized The rainfall intensity for the design storm of interest and the time of INTENSITY (inches/hour) concentration, taken from the applicable Intensity -Duration -Frequency Chart or computed from an IDF equation INCREMENTAL RUNOFF The composite Rational coefficient for the sub area draining to the upstream COEFFICIENT end of the pipe COMPOSITE RUNOFF The composite Rational coefficient for the total drainage area of the system COEFFICIENT contributing to the flow at the upstream end of the pipe being sized DISCHARGE (cubic feet/second) The design discharge computed using the Rational Method PIPE SLOPE (percent) The slope of the pipe being sized as determined by profile constraints THEORETICAL PIPE SIZE (inches) The theoretical minimum pipe diameter required to carry the design discharge with pipe full and gravity flow PIPE SIZE (inches) The selected pipe size for the pipe system VELOCITY FULL (feet/second) The full flow average cross -sectional velocity LENGTH (feet) The length of pipe segment being sized SEGMENT TIME (minutes) The flow time through the pipe segment of interest UPPER INVERT The invert elevation of the upper end of the pipe of interest, set by reference to upstream pipes and cover requirements LOWER INVERT Invert elevation of the lower end of the pipe of interest. Check for adequate cover and revise slope if needed TOP ELEVATION Ground or rim elevation at upstream end of pipe being sized HYDRAULIC GRADE LINE (HGL) HGL elevation at upstream end of pipe being sized — UPSTREAM HGL — DOWNSTREAM HGL elevation at downstream end of pipe being sized S E P T E M B E R 2022 2-9 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 13 NEW HANOVER COUNTY STORMWATER DESIGN MANUAL CHAPTER 2 - SITE DEVELOPMENT AND SUBMITTAL REQUIREMENTS Table 2-8. Stormwater Design Analysis Data Requirements for Culverts Hydrologic and 1. Design flow (25-year) and additional analysis flows (10-year, 100-year, Hydraulic Design overtopping, 500-year) Features 2. Allowable headwater elevation 3. Headwater depths and water surface elevations (WSELs) at design flow and at additional analysis flows 4. Tailwater depth and WSEL at design flow 5. Type of control at design flow (inlet or outlet) 6. Hydraulic features of downstream control, tailwater or backwater (storage) 7. Outlet velocity at design flow and at additional analysis flows 8. Energy dissipation requirements and calculations 9. Guidance on sills and/or baffles Culvert 10. Culvert size Characteristics 11. Culvert length 12. Culvert slope 13. Culvert material and Manning's roughness coefficient 14. Entrance and exit type Calculations, Plans 15. Hydrology and hydraulic calculations (include all design charts used) and Profiles 16. Plan view 17. Longitudinal profile 18. Centerline profile 19. Downstream overland flow path of 100-year, 24-hour event 20. Check HGL, and calculate backwater profiles, if necessary, to show no adverse impact upstream in 100-year storm event Table 2-9. Stormwater Design Analysis Information Requirements for Open Channels Design Data 1. Design flow (25-year), additional analysis flow (100-year) 2. Channel slope (feet per feet) 3. Maximum velocity for design flow (feet per second) 4. Liner type 5. Manning's roughness coefficient, n 6. Channel side slope 7. Flow depth (feet) 8. Sheer stress, T (pounds per square feet) 9. Permissible sheer stress, T (pounds per square feet), for liner S E P T E M B E R 2022 2-10 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 14 NEW HANOVER COUNTY STORMWATER DESIGN MANUAL CHAPTER 2 — SITE DEVELOPMENT AND SUBMITTAL REQUIREMENTS Table 2-10. Stormwater Design Analysis Information Requirements for SCMs Site Plan 1. A plan showing each delineated drainage area within the watershed in sufficient detail to confirm the area and composition 2. A site plan showing the detention or infiltration/retention SCM with complete drawings of outlet configurations and construction details Computations and 3. Detailed computations of design discharges, including the peak 2-, 10-, 25-, and Calculations 100-year, 24-hour storm event discharges prior to development, and the peak 2-, 10-, 25-, and 100-year, 24-hour storm event discharges after development from SCM 4. Detailed computations of the stage -storage relationship, including a graph or table of water -surface elevation versus total volume 5. Detailed computations of the stage -discharge relationship, including charts or equations and coefficients of discharge used with an indication if outlet pipes are acting under inlet or outlet control, a graph or table of water -surface elevation versus total discharge through each component of the outlet structure (low flow, permanent pool, primary outlet, emergency spillway) 6. Detailed computations of flood routing for the 2-, 10-, 25-, and 100-year, 24-hour storm events, in suitable time increments, including a table showing at least the four columns of elapsed time, accumulated storage, stage, and discharge for each component of the outlet structure. The flood routing computations for the 100- year, 24-hour storm event should be for the case where the outlet devices are obstructed or not operating properly, or stormwater is not infiltrating 7. Maximum water surface elevations (WSELs) and storage volumes at SCM for 2-, 10- , 25-, and 100-year, 24-hour storm events 8. Supporting calculations for the arrangement of the emergency spillway, particularly showing a check of velocity and the determination of the elevations of the crest and top of dam or embankment, width of spillway crest, and the length of the spillway to provide required freeboard 9. Detailed calculations for energy dissipation design and outlet velocities for the detention basin outlet for the 25-year, 24-hour storm event, and the detention basin or infiltration system emergency spillway for the 100-year, 24-hour storm event Overflow Routing 10. Overflow flood routing maps for the 100-year, 24-hour storm event, when required by the county, as described in Sections 5.3.2 and 5.4.3, of this Manual Detention SCMs only 11. Parking area flooded for design storage volume covers no more than 25% of required parking area by greater than 3 inches or more during 25-year, 24-hour storm event and drains within one hour 12. Design storm drawdown time 13. Indication if dam safety requirements are required Infiltration/Retention 14. Type of infiltration device (infiltration trench or infiltration basin) SCMs only 15. Size of infiltration area 16. Lowest elevation of infiltration system, seasonal high water table elevation S E P T E M B E R 2022 2-11 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 15 NEW HANOVER COUNTY STORMWATER DESIGN MANUAL CHAPTER 2 — SITE DEVELOPMENT AND SUBMITTAL REQUIREMENTS Table 2-10. Stormwater Design Analysis Information Requirements for SCMs 17. Results of infiltration rate tests (two per 20,000 square feet of infiltration surface area plus one for each additional 10,00 square feet) 18. Tests by a qualified registered professional within 5 years of issuance or modification of stormwater permit 19. Water surface elevations of water quality volume and design volume 20. For infiltration trenches provide the following: media, geotextile, observation well data 21. Number and location of maintenance cleanouts, grit chambers, observation ports 2.3.2.4 Downstream Assessment Analysis The County Engineer may require submittal of a downstream stormwater impact assessment and additional stormwater control measures for development at or upstream of documented flooding cases or where stormwater runoff from the site may cause adverse effects on other public or private properties. The requirements for a downstream assessment analysis are described in detail in Section 5.6, Downstream Assessment Analysis, of this Manual. The stormwater analysis information needed for a downstream assessment is listed in Table 2-11. Table 2-11. Stormwater Analysis Information Requirements for Downstream Assessment Calculations 1. Peak flows (cfs) for the pre- and post -development conditions for the 2-, 10-, 25- and 100-year, 24-hour storm events at each analysis point 2. Hydrographs for the pre- and post -development conditions for the 2-, 10-, 25- and 100-year, 24-hour storm events at each analysis point 3. Results summary table 2.3.2.5 Operation & Maintenance Plan and Agreement The applicant shall submit an Operation and Maintenance (O&M) Plan and Agreement for the designed stormwater system in accordance with Chapter 6 of this Manual. The O&M Plan and Agreement shall establish the responsible party for maintenance of the designed stormwater system and shall establish the schedule and required procedures for the maintenance of stormwater conveyance facilities and SCMs. 2.3.2.6 Coordinating Permits Applications for stormwater permits are required for both water quantity and water quality. Stormwater permits for water quantity will be issued by New Hanover County and stormwater permits for water quality will be issued by the NCDEQ Wilmington Regional Office. This New Hanover County Stormwater Design Manual focuses specifically on New Hanover County's stormwater permit application. In addition to the stormwater permit for water quality, the applicant shall identify in the SWMP Narrative Report, all other permits required for site development. The County Engineer can request copies of these permit applications and additional supporting data when necessary to adequately review the design submitted for review. A Stormwater Permit can be denied until sufficient documentation for other required permits is submitted for the county's review. S E P T E M B E R 2022 2-12 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 16 NEW HANOVER COUNTY STORMWATER DESIGN MANUAL CHAPTER 2 — SITE DEVELOPMENT AND SUBMITTAL REQUIREMENTS 2.4 Site Plan Certifications 2.4.1 Designer's Plan Certification The designer's plan certification shown in Figure 2-1 and available on the New Hanover County Stormwater Services website shall be shown on the cover sheet of the Site Plans. I hereby certify that this plan has been prepared in accordance with the latest New Hanover County Ordinances and Stormwater Design Manual. •',¢,CAA ...��+. R Signature: , • o s sfo� Printed Name and Title: 2 -AL ' 0 Date:, �y �QhN DOS d Registration Number: Figure 2-1. Designer's Plan Certification 2.4.2 Property Owner's Plan Certification The property owner's plan certification shown in Figure 2-2 and available on the New Hanover County Stormwater Services website shall be shown on the cover sheet of the Site Plans. I (We) hereby certify that I (we) am (are) the current owner of the property and that upon receipt of the Stormwater Permit, any clearing, grading, construction, or development, will be performed in accordance with the plan and that the applicable ordinances and rules of New Hanover County, the State of North Carolina and the Federal Government and its agencies which are hereby made part of this plan. As the owner, I (we) accept full responsibility for the construction and operation and maintenance of the proposed facilities. I (We) will not attempt to transfer this responsibility without the written authorization of New Hanover County. Signature: Printed Name and Title: Date: SEPTEMBER 2022 Figure 2-2. Property Owner's Plan Certification 2-13 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 17 NEW HANOVER COUNTY STORMWATER DESIGN MANUAL CHAPTER 2 — SITE DEVELOPMENT AND SUBMITTAL REQUIREMENTS 2.5 Application Fee Schedule The application fee for a Stormwater Permit shall be based on the acreage of land to be disturbed in accordance with the current fee schedule set by the county as indicated on the New Hanover County Stormwater Services website. The application fee for requesting authorization to change ownership of a stormwater facility operating in accordance with an approved Stormwater Permit is also included in the current published fee schedule. 2.6 Easements 2.6.1 Easement Definition A New Hanover County Permanent Drainage Easement is a recorded, legal document describing easement boundaries and any conditions and restrictions related to the permission granted by the property owner to New Hanover County. Under the easement, the property owner is the grantor, and the county is the grantee. Generally, stormwater projects will be constructed within an easement dedicated for such purpose or within the public right-of-way. Storm sewer and drainage easements shall comply with all standards set forth in the New Hanover County Unified Development Ordinance, Article 6, Subdivision Design, and Improvements. 2.6.2 Donation of Easements to New Hanover County New Hanover County will accept dedication of privately constructed eligible stormwater conveyance systems for maintenance responsibility if certain construction standards and easement requirements are met as described in Section 6.3.2, Requirements for County Acceptance, of this Manual. Permanent public drainage easements are required for any county -maintained stormwater system. Easements will be donated by property owners within the dedicated easement limits and all easements (with the exception of those deemed "temporary" as necessary for access and construction) will be permanent. 2.6.3 Permanent Drainage Easements and Restrictions Certain restrictions apply to county drainage easements so that the area can function as designed. Certain types of encroachments are allowed within a New Hanover County Permanent Drainage Easement, while others are prohibited, as identified in Table 2-12. SEPTEMBER 2022 2-14 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 18 NEW HANOVER COUNTY STORMWATER DESIGN MANUAL CHAPTER 2 — SITE DEVELOPMENT AND SUBMITTAL REQUIREMENTS Table 2-12. Allowable and Prohibited Encroachments into Permanent Drainage Easements Allowable Fences that do not impede the flow of stormwater runoff as intended and do not Encroachments prohibit access to public stormwater infrastructure. Fences may not be made of stone, block, or concrete. Trees whose root system is not a threat to the drainage system or that prohibit access Trees that do not prohibit access to public stormwater infrastructure Shrubs and flowers Standard paved asphalt or concrete driveways and parking lots for underground storm drainage facilities Prohibited Encroachments Trees planted over stormwater drainage pipes. Tennis courts, swimming pools, dams, or anything that may block the flow of water, restrict access, and increase maintenance costs Permanent structures not intended to be moved (such as brick, block, or concrete) Sheds or other buildings Unpermitted/Unapproved foot and other bridges or crossings Decks and other structures that protrude into the drainage easement 2.6.4 Public Easements for Pipe and Culvert Systems Piped systems (including culverts) to be maintained by NCDOT shall be in the NCDOT road right-of-way. For pipe systems not in the NCDOT right-of-way, and to be maintained by the county, a dedicated drainage easement is required. The easement shall be continuous along the pipe to a point of junction with an existing public right-of-way or easement. Pipes shall be sufficiently offset from center of easement to allow for maintenance. Equation 2-1 should be used to calculate the drainage easement width for pipe systems. It accounts for 2:1 ratio on each side of the pipe depth as well as including 5 feet for material staging and 10 feet for equipment use in the easement width. All easements for pipe systems must be equal to or greater than 30 feet. Calculations of easement widths must be rounded up to the nearest 5-foot increment. Equation 2-1. Public Easement Width for Pipe Systems W= (4D)+(d+3)+S Where: W = Recommended easement width (feet) = 30 foot minimum D = Pipe depth (feet) d = Pipe diameter (feet) S = Material and equipment staging (feet) = 15 feet S E P T E M B E R 2022 2-15 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 19 NEW HANOVER COUNTY STORMWATER DESIGN MANUAL CHAPTER 2 — SITE DEVELOPMENT AND SUBMITTAL REQUIREMENTS 2.6.5 Public Easements for Open Channels To maintain county -maintained open channel stormwater conveyance systems, New Hanover County will require rights -of -way and easements for all open ditches, swales, or other systems of stormwater conveyance. Equation 2-2 should be used to calculate the drainage easement width for open channels and ditches. All easements for open channel conveyance systems must be equal to or greater than 25 feet. Calculations of easement widths must be rounded up to the nearest 5-foot increment. Equation 2-2. Public Easement Width for Open Channels W= (6D)+w+S Where: W = Recommended easement width (feet) = 25 foot minimum D = Channel depth (feet) w = Channel bottom width (feet), for 25-year storm event S = Material and equipment staging (feet) = 12 feet minimum on one side and 4 feet minimum on the other (could be higher if in conjunction with/ adjacent to vegetated buffer) 2.7 Certificate of Completion A signed, sealed, and dated certificate prepared by a Professional Engineer licensed in the State of North Carolina which states that the construction authorized by the Stormwater Permit as issued by the county has been completed. A Certificate of Completion as required by the New Hanover County Stormwater Management Ordinance may be included as a separate form. This certificate is required because the county does not require as-builts. A Drainage Plan will not require certification. Upon the completion of the construction as authorized by the Stormwater Permit, the owner shall submit the certification shown in Figure 2-3 and available on the New Hanover County Stormwater Services website as prepared by the design professional. I hereby certify that this work has been completed in accordance with the latest New Hanover County and Stormwater Design Manual and the approved Stormwater Permit. Signature: C Osfr� Printed Name and Title: - 2 AL ; y Date: 0 tr0 N,0 Registration Number: � SEPTEMBER 2022 Figure 2-3. Designer's Construction Certification 2-16 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 20 New Hanover County Stormwater Design Manual 3 HYDROLOGY Contents 3 HYDROLOGY...............................................................................................................................3-1 3.1 Runoff Determination Methods.................................................................................................3-3 3.2 Hydrologic Design Criteria.........................................................................................................3-3 3.3 Rainfall.......................................................................................................................................3-4 3.4 Time of Concentration...............................................................................................................3-4 3.4.1 TR-55 Method....................................................................................................................3-4 3.4.2 NRCS Lag Method...............................................................................................................3-7 3.4.3 Kirpich Method..................................................................................................................3-8 3.5 Rational Method........................................................................................................................3-8 3.6 NRCS Unit Hydrograph Method...............................................................................................3-10 3.6.1 Curve Number..................................................................................................................3-10 3.6.2 Depth of Runoff................................................................................................................3-14 3.6.3 Peak Discharge.................................................................................................................3-15 3.6.4 Hydrograph Formulation..................................................................................................3-16 3.7 References...............................................................................................................................3-17 SEPTEMBER 2022 3-1 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 21 NEW HANOVER COUNTY STORMWATER DESIGN MANUAL CHAPTER 3 - HYDROLOGY Tables 3-1. Applications of Recommended Hydrologic Methods................................................................... 3-3 3-2. Roughness Coefficients (Manning's n) for Sheet Flow................................................................. 3-6 3-3. Typical Rational Runoff Coefficient for Various Land Uses in New Hanover County ................... 3-9 3-4. Frequency Factors for Rational Method Formula....................................................................... 3-10 3-5. Hydrologic Soil Groups in New Hanover County........................................................................ 3-11 3-6. Curve Numbers for Various Urban Conditions........................................................................... 3-12 3-7. Curve Numbers for Various Agricultural Conditions.................................................................. 3-13 3-8. Curve Numbers for Other Agricultural Conditions..................................................................... 3-14 3-9. Adjustment factor (Fp) for Pond and Swamp Areas throughout the Watershed ....................... 3-15 S E P T E M B E R 2022 3-2 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 22 NEW HANOVER COUNTY STORMWATER DESIGN MANUAL CHAPTER 3 - HYDROLOGY 3.1 Runoff Determination Methods Hydrology is the study of Earth's water and its relation to the land. Engineers use hydrologic calculation methods to estimate the peak flow, runoff volume, and time distribution of rainfall events to design infrastructure for the conveyance, storage, infiltration, and treatment of stormwater runoff. New Hanover County utilizes two methods for peak runoff determination. The Rational Method is used to estimate peak discharges for small drainage areas (less than 20 acres) in the design of pipe systems, culverts, and inlets. The National Resource Conservation Service (NRCS) Unit Hydrograph Method is more complex and can be used to estimate peak flow and develop hydrographs for storm volumes from any size drainage area and all design applications. Table 3-1 matches various design applications with appropriate runoff determination methods. The Professional Engineer licensed in the State of North Carolina is responsible for selecting the most appropriate method of hydrologic analysis for a particular design. The designer must provide details of hydrologic analysis calculations as described in Chapter 2 - Site Development and Submittal Requirements. Table 3-1. Applications of Recommended Hydrologic Methods Design Application Rational Method NRCS Unit Hydrograph Method Flood Mitigation ✓ SCMs Outlet Structures Gutter Flow and Inlets Stormwater Conveyance Systems Bridges, Culverts Swales, Ditches, Open Channels 3.2 Hydrologic Design Criteria ✓ ✓ ✓ ✓ ✓ ✓ Development shall, at a minimum, provide stormwater systems designed to properly convey stormwater runoff for post -development conditions during the 2-year, 10-year, and 25-year frequency storm events. It shall also provide adequate stormwater control measures to mitigate the increased runoff from the post -development conditions during the 2-year, 10-year, and 25-year frequency storm events such that the discharge rate leaving the development in post -development condition does not exceed the pre - development rates. Evaluation of the 100-year storm event may also be requested at the discretion of the county. All stormwater systems shall be designed based on fully developed land use conditions as shown on current land use plans and zoning maps for New Hanover County, or existing land use, whichever is more conservative and generates the higher peak flow. The drainage area of a watershed is determined from topographic maps and field surveys. For larger drainage areas, it may be necessary for the designer to use professional judgment and divide the drainage area into smaller catchments to account for major land -use changes. S E P T E M B E R 2022 3-3 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 23 NEW HANOVER COUNTY STORMWATER DESIGN MANUAL CHAPTER 3 - HYDROLOGY 3.3 Rainfall Rainfall data is critical in any hydrologic calculation of stormwater runoff rate or runoff volume. Rainfall intensity is a parameter in calculating peak flow in the Rational Method, and an accurate rainfall depth is needed to calculate the time of concentration and runoff depth with the NRCS Unit Hydrograph Method. Rainfall intensity is calculated as the average inches per hour for a specific duration and selected return period or recurrence interval (number of years). The storm duration is normally equal to the time of concentration or the time for water to travel from the most remote point in the watershed to the point of design. Calculating the time of concentration is detailed in Section 3.4. All projects in New Hanover County shall reference rainfall data from NOAA Atlas 14. After a return period has been selected and a time of concentration calculated, the rainfall intensity can be determined from rainfall -intensity -duration data provided in NOAA Atlas 14 or equivalent future rainfall intensity data, whichever is more conservative. Likewise, after a return period has been selected and a rainfall duration has been selected, rainfall depth is provided in NOAA Atlas 14. 1. Users must adjust the map location to the specific project location within New Hanover County for accurate rainfall data. 2. Users must select "Precipitation intensity" or "Precipitation depth" as data output from NOAA Atlas 14. 3. Rainfall data specific to the project site shall be included in submittals and shall show the selected region based on the project location. 4. The selected rainfall distribution shall consider the 24-hour rainfall event. 3.4 Time of Concentration When determining runoff peak flow using either the Rational Method or the NRCS method, it is necessary to estimate the time of concentration for the drainage area or watershed. The time of concentration is defined as the time required for water to flow from the most hydrologic distance point in the watershed to the outlet at the point of interest. The time of concentration is a function of the watershed's topography, soil properties, and land use. The time of concentration is only applied to surface runoff and should be greater than or equal to 5 minutes. The time of concentration can be estimated by multiple methods, including the TR-55 Method (Natural Resources Conservation Service, June 1986), also known as the Velocity Method (Natural Resources Conservation Service, May 2010), the NRCS lag Method (also known as the CN Method) (Natural Resources Conservation Service, May 2010), and the Kirpich Method. New Hanover County encourages the use of the TR-55 Method whenever possible. 3.4.1 TR-55 Method The TR-55 Method allows the designer to consider all the features in the watershed in determining the time of concentration. The flow length for the watershed is divided into segments to define the different travel times for different flow conditions. The segments can be sheet flow, shallow concentrated flow, S E P T E M B E R 2022 3-4 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 24 NEW HANOVER COUNTY STORMWATER DESIGN MANUAL CHAPTER 3 - HYDROLOGY and open channel flow. The travel time through each segment is determined, and time of concentration is obtained for the watershed using Equation 3-1. Equation 3-1. TR-55 Method Time of Concentration Tc = tsf + tsc + tch Where: T, = Time of concentration (hours) tsf = Travel time for the sheet flow segment (hours) ts, = Travel time for the shallow concentrated flow segment (hours) tch = Travel time for the channel flow segment (hours) 3.4.1.1 Sheet Flow Sheet flow is the flow over flat surfaces such as lawns, parking lots, etc., before the flow reaches defined flow channels. Although sheet flow typically occurs for no more than 100 feet before transitioning to shallow concentrated flow, Equation 3-2 for sheet flow travel time may be appropriate up to a maximum flow length of 300 feet. Equation 3-2. Travel Time for Sheet Flow (0. 007 hr) (nQ0-8 tsp = P2 0.5 50.4 Where: tsf = Travel time for the sheet flow segment (hours) n = Manning roughness coefficient for sheet flow (see Table 3-2) L = Length of sheet flow (feet) P2 = The 2-yr, 24-hr precipitation depth for project location S = Slope of the sheet flow (feet/feet) The Manning's n roughness coefficients for sheet flow as indicated in Table 3-2 are different from the roughness coefficients used for open channels or piped conveyances (Natural Resources Conservation Service, June 1986). For sheet flow, the roughness coefficient includes the effects of roughness and the effects of raindrop impact, including drag over the surface; obstacles such as litter, crop ridges, and rocks; and erosion and transport of sediment. These n values are only applicable for flow depths of approximately 0.1 foot or less, where sheet flow occurs. S E P T E M B E R 2022 3-5 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 25 NEW HANOVER COUNTY STORMWATER DESIGN MANUAL CHAPTER 3 - HYDROLOGY Table 3-2. Roughness Coefficients (Manning's n) for Sheet Flow Surface description nl Smooth surfaces (concrete, asphalt, gravel, or bare soil) 0.011 Fallow (no residue) 0.05 Cultivated soils: Residue cover <_ 20% 0.06 Residue cover > 20% 0.17 Grass: Short grass prairie 0.15 Dense grassesz 0.24 Bermuda grass 0.41 Range (natural) 0.13 Woods:' Light underbrush 0.40 Dense underbrush 0.80 1 The n values are a composite of information compiled by Engman (1986). z Includes species such as weeping lovegrass, bluegrass, buffalo grass, blue grama grass, and native grass mixtures. ' When selecting n, consider cover to a height of about 0.1 ft. This is the only part of the plant cover that will obstruct sheet flow. 3.4.1.2 Shallow Concentrated Flow After a maximum of 300 feet, sheet flow usually becomes shallow, concentrated flow in small earth channels, swales, or paved gutters. The travel time through this segment of shallow concentrated flow is determined using Equation 3-3. Equation 3-3. Travel Time for Shallow Concentrated Flow tsc = L (3600 e) (V) hr Where: tsc = Travel time for the shallow concentrated flow segment (hours) L = Length of shallow concentrated flow (feet) V = Average velocity (feet/second) The average velocity for shallow concentrated flow can be determined using Equation 3-4 or Equation 3- 5 to estimate the average velocity for unpaved or paved surfaces. Equation 3-4. Average Velocity for Unpaved Surfaces V = 16.1345 (S)0.5 Equation 3-5. Average Velocity for Paved Surfaces V = 20.3282(S)o.s Where: V = Average velocity (feet/second) S = Slope of the concentrated flow (feet/feet) S E P T E M B E R 2022 3-6 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 26 NEW HANOVER COUNTY STORMWATER DESIGN MANUAL CHAPTER 3 - HYDROLOGY 3.4.1.3 Open Channel Flow Open channel flow occurs where defined natural or constructed channels begin. The travel time through this segment of open channel is determined using the following equation, which is the same as the equation for shallow concentrated flow. Equation 3-6. Travel Time for Open Channel Flow tch = L (3600 e) M hr Where: tch = Travel time for open channel flow segment (hours) L = Length of shallow concentrated flow (feet) V = Average velocity (feet/second) The average flow velocity can be estimated using Manning's equation. Average velocity is usually determined for bankfull elevation. The Manning roughness coefficient for open channel flow can be obtained from standard hydraulics textbooks and engineering reference manuals such as "Open - Channel Hydraulics" by V.T. Chow (Chow, 2009). Equation 3-7. Manning's Equation for Flow Velocity V= (1. 49 )(R 2/3)-�rs- n Where: V = Average velocity (feet/second) n = Manning roughness coefficient for channels or conveyances R = Hydraulic radius of the channel (feet) S = Slope of the sheet flow (feet/feet) In watersheds with storm sewers, the appropriate hydraulic flow path should be identified to estimate Tc for large events. Storm sewers generally handle only a small portion of a large event, while most of the peak flow travels by streets and unpaved surfaces to the outlet. A standard hydraulics textbook can be used to determine average velocity in pipes for either pressure or non -pressure flow. The travel time for pipe flow during small storm events can be estimated using Equations 3-6 and 3-7, using the appropriate Manning's roughness coefficient for the pipe (also available in standard hydraulics textbooks and reference manuals). Chapter 4 of this manual provides further guidance on hydraulic design. 3.4.2 NRCS Lag Method The NRCS Lag Method of determining the time of concentration has been adapted for use in watersheds less than 2,000 acres (NRCS 2010). Correction factors are used to account for channel improvement and impervious areas. Lag time is the delay between the time required for runoff to occur and the time required for runoff to reach its peak flow. S E P T E M B E R 2022 3-7 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 27 NEW HANOVER COUNTY STORMWATER DESIGN MANUAL CHAPTER 3 - HYDROLOGY Equation 3-8. NRCS Equation for Lag Time 0.7 _ m _ twatershed lag time — 1900 L (1000 9)0.7 ( o s) \ CN 1 1900V_S_ Where: twatershed lag time = Lag time (hours) L = Hydraulic length of watershed (longest path along which water flows from the watershed divide to the outlet) (feet) Si = Potential maximum retention in watershed after runoff begins (estimated using CN) (inches) CN = NRCS runoff curve number S = Average land slope of the watershed (percent) Equation 3-9. NRCS Lag Method for Time of Concentration Tc _ (1.67) twatershed lag time Where: Te = Time of concentration (hours) twatershed lagtime= NRCS Lag Time (hours) 3.4.3 Kirpich Method The Kirpich method of determining time of concentration was developed in 1940 from SCS (now NRCS) data for seven rural basins in Tennessee with well-defined channels and steep slopes (3% to 10%) (Viessman, Jr. & Lewis, 2003). For overland flow on concrete or asphalt surfaces, multiply Tc by 0.4. For concrete channels, multiply T, by 0.2. No adjustments should be made for overland flow on bare soil or flow in roadside ditches. Equation 3-10. Kirpich Equation for Time of Concentration Tc _ (0.0078)(1o.77)(5-0.385) Where: Te = Time of concentration (minutes) L = Length of watershed from headwater to outlet (feet) S = Average watershed slope (feet/feet) 3.5 Rational Method The Rational Method can be used to estimate the peak rate of stormwater runoff from a drainage area as a function of drainage area (A), runoff coefficient (C), frequency factor (Cf), and average rainfall intensity (1) for a duration equal to the time of concentration or travel time for the location being analyzed. Table gives typical runoff coefficients for the New Hanover County area. The frequency factor, Cf, is applied to the equation as a safety factor to scale the maximum runoff rate for infrequent storms, as indicated in Table. The product of Cf and C shall not exceed 1.0. The Rational Method is most applicable to small drainage areas (less than 20 acres) in the design of pipe systems, culverts, and inlets. S E P T E M B E R 2022 3-8 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 28 NEW HANOVER COUNTY STORMWATER DESIGN MANUAL CHAPTER 3 - HYDROLOGY Equation 3-11. Rational Method for Calculating Peak Flow Q = C fCIA Where: Q = Peak runoff rate (acre-inch/hour or cubic feet/second) Cf= Frequency factor (see Table 3-4) C = Rational runoff coefficient I = Rainfall intensity (inches/hour) A = Watershed area (acres) Table 3-3. Typical Rational Runoff Coefficient for Various Land Uses in New Hanover County.' Land Use C Woodlands 0.25 Cemeteries, Parks, Golf courses 0.25 Playgrounds 0.35 Grass, pastures, and farmlands: A/B Soils, Flat Slope (0-5%) 0.20 A/B Soils, Rolling Slope (5-10%) 0.25 CID Soils, Flat Slope (0-5%) 0.30 CID Soils, Rolling Slope (5-10%) 0.35 Streets: Asphalt and Concrete 0.95 Brick 0.85 Gravel Areas: Unloaded (Landscape, walkways) 0.50 Heavy loaded (Roadways, driveways) 0.95 Paved driveways and walkways, Roofs 0.95 Single family residential: '4 Acre lots and larger 0.55 Smaller than M acre lots 0.60 Multi -family residential: Duplexes 0.65 Apartments, Townhouses, and Condominiums 0.85 Industrial: Light 0.85 Heavy 0.85 Commercial: Business District, Mixed Use 0.95 Neighborhood, Shopping Centers, Office Parks 0.80 i Weighted coefficient based on percentage of impervious surfaces and green areas must be selected for each site. z Coefficients assume good ground cover and conservation treatment. S E P T E M B E R 2022 3-9 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 29 NEW HANOVER COUNTY STORMWATER DESIGN MANUAL CHAPTER 3 - HYDROLOGY Table 3-4. Frequency Factors for Rational Method Formula' Recurrence Interval (years) Cf 2 1.0 10 1.0 25 1.1 50 1.2 100 1.25 1 The product of Cf and C shall not exceed 1.0 The designer should be cautious in the use of the Rational Method and only with the understanding of the method's limitations as listed below. 1. This method uses one runoff coefficient to describe surface conditions in a watershed that may have varying surfaces and soils. The drainage area slope, soil type, land use, imperviousness, and antecedent moisture conditions are all major factors to consider when determining the runoff coefficient. The designer shall use a composite or weighted coefficient to reflect the variations encountered within a drainage area. Table 3-3 should be used as a guide to develop a composite coefficient for the drainage area in question. 2. The return period for the resulting runoff is assumed to be directly related to the rainfall event, regardless of the watershed conditions. An attempt to compensate for the antecedent moisture conditions is usually made in determining the runoff coefficient. 3. The Rational Method assumes the rain event has a consistent intensity throughout the storm. 4. The rainfall intensity is directly related to the time of concentration. 3.6 NRCS Unit Hydrograph Method The NRCS Unit Hydrograph Method can be readily used for watersheds with greatly varying soil types and surface conditions. A more complete explanation can be found in the TR-55 published by NRCS in 1986 (Natural Resources Conservation Service, June 1986). In cases where the NRCS Unit Hydrograph is inappropriate, New Hanover County encourages the use of the Rational Method. 3.6.1 Curve Number To estimate the Curve Number (CN) of the watershed present conditions and the CN of the proposed development, consult the Soil Survey of New Hanover County (Soil Conservation Service, April 1977) to determine the soil types distributed in the watershed containing the proposed development. Soil survey layers can be readily researched using the most recent version of the Web Soil Survey Map and in GIS platforms. A geotechnical exploration may also be used to determine hydrologic soil groups. Any soils with a dual classification (A/D or B/D) shall be considered D soils. The first letter categorizes drained areas, and the second letter categorizes undrained areas. Table 3-5 identifies soil types identified in New Hanover County by the Soil Conservation Service (Soil Conservation Service, April 1977) and their assigned hydrologic soil group as assigned by the updated Appendix A of the Natural Resources Conservation Service's TR-55 in January 1999 (Natural Resources Conservation Service, June 1986). S E P T E M B E R 2022 3-10 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 30 NEW HANOVER COUNTY STORMWATER DESIGN MANUAL CHAPTER 3 - HYDROLOGY Table 3-5. Hydrologic Soil Groups in New Hanover County Map Symbol Hydrologic Soil Group' Soil Type Ba D Bayboro Be A Baymeade Bh * Baymeade-Urban Land Complex Bp * Borrow Pit Cr C Craven DO D Dorova n JO D Johnston Ke A Kenansville Kr A Kureb Ku * Kureb-Urban Land Complex La A Lakeland Le * Leon Sand Lo * Leon -Urban Land Complex Ls C Lynchburg Ly B/D Lynn Haven Mp * Mine Pits Mu A/D Murville Nh A Newhan No B Norfolk On B Onslow Pm D Pamlico Pn B/D Pantego Ra B/D Rains Rm A Rimini Se A/D Seagate Sh * Seagate -Urban Land Complex St C Stallings TM * Tidal Marsh To C Torhunta Ur * Urban Land Wa A Wakulla Wo B/D Woodington Wr C Wrightsboro ' A/D or B/D refers to drained/und rained soil conditions. * Requires field judgment by designer, subject to the concurrence of County Engineer After identifying the relevant hydrologic soil type, curve numbers can be determined using Table 3-6, Table 3-7, and Table 3-8 based on the various cover conditions in the drainage area. A weighted or composite curve number should be used if the site has more than one hydrologic soil group and/or more than one cover condition. S E P T E M B E R 2022 3-11 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 31 NEW HANOVER COUNTY STORMWATER DESIGN MANUAL CHAPTER 3 - HYDROLOGY Table 3-6. Curve Numbers for Various Urban Conditions 1 (Natural Resources Conservation Service, June 1986) Cover description Cover type and hydrologic condition Fully developed urban areas (vegetation established) Average percent impervious area v Open space (lawns, parks, golf courses, cemeteries, etc.) af: Poor condition (grass cover < 50%).......................................... Fair condition (grass cover 50% to 75%).................................. Good condition (grass cover > 75%)......................................... Impervious areas: Paved parking lots, roofs, driveways, etc. (excluding right-of-way)............................................................. Streets and roads: Paved; curbs and storm sewers (excluding right-of-way)................................................................................ Paved; open ditches (including right-of-way) .......................... Gravel (including right -of -way) ................................................. Dirt (including right -of -way) ...................................................... Western desert urban areas: Natural desert landscaping (pervious areas only) _v ..................... Artificial desert landscaping (impervious weed barrier, desert shrub with 1- to 2-inch sand or gravel mulch andbasin borders)...................................................................... Urban districts: Commercial and business................................................................. Industrial............................................................................................. Residential districts by average lot size: 1/8 acre or less (town houses).......................................................... 1/4 acre................................................................................................ 1/3 acre................................................................................................ 1/2 acre................................................................................................ 1 acre................................................................................................... 2 acres.................................................................................................. Developing urban areas Newly graded areas (pervious areas only, no vegetation) 51 Idle lands (CN's are determined using cover types similar to those in table 2-2c). Curve numbers for hydrologic soil group A B C D 68 79 86 89 49 69 79 84 39 61 74 86 98 98 98 98 98 98 98 98 83 89 92 93 76 85 89 91 72 82 87 89 63 77 85 88 96 96 96 96 85 89 92 94 95 72 81 88 91 93 65 77 85 90 92 38 61 75 83 87 30 57 72 81 86 25 54 70 80 85 20 51 68 79 84 12 46 65 77 82 77 86 91 94 1 Average runoff condition, and Ia = 0.2S. 2 The average percent impervious area shown was used to develop the composite CN's. Other assumptions are as follows: impervious areas are directly connected to the drainage system, impervious areas have a CN of 98, and pervious areas are considered equivalent to open space in good hydrologic condition. CN's for other combinations of conditions may be computed using figure 2-3 or 24. 3 CN's shown are equivalent to those of pasture. Composite CN's may be computed for other combinations of open space cover type. 4 Composite CN's for natural desert landscaping should be computed using figures 2-3 or 24 based on the impervious area percentage (CN = 98) and the pervious area CN. The pervious area CN's are assumed equivalent to desert shrub in poor hydrologic condition. 5 Composite CN's to use for the design of temporary measures during grading and construction should be computed using figure 2-3 or 2-4 based on the degree of development (impervious area percentage) and the CN's for the newly graded pervious areas. S E P T E M B E R 2022 3-12 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 32 NEW HANOVER COUNTY STORMWATER DESIGN MANUAL CHAPTER 3 - HYDROLOGY Table 3-7. Curve Numbers for Various Agricultural Conditions 1 (Natural Resources Conservation Service, June 1986) Cover type Cover description Treatment _v Hydrologic condition U/ A Curve numbers for hydrologic soil group B C D Fallow Bare soil — 77 86 91 94 Crop residue cover (CR) Poor 76 85 90 93 Good 74 83 88 90 Row crops Straight row (SR) Poor 72 81 88 91 Good 67 78 85 89 SR + CR Poor 71 80 87 90 Good 64 75 82 85 Contoured (C) Poor 70 79 84 88 Good 65 75 82 86 C + CR Poor 69 78 83 87 Good 64 74 81 85 Contoured & terraced (C&T) Poor 66 74 80 82 Good 62 71 78 81 C&T+ CR Poor 65 73 79 81 Good 61 70 77 80 Small grain SR Poor 65 76 84 88 Good 63 75 83 87 SR + CR Poor 64 75 83 86 Good 60 72 80 84 C Poor 63 74 82 85 Good 61 73 81 84 C + CR Poor 62 73 81 84 Good 60 72 SO 83 C&T Poor 61 72 79 82 Good 59 70 78 81 C&T+ CR Poor 60 71 78 81 Good 58 69 77 80 Close -seeded SR Poor 66 77 85 89 or broadcast Good 58 72 81 85 legumes or C Poor 64 75 83 85 rotation Good 55 69 7S 83 meadow C&T Poor 63 73 80 83 Good 51 67 76 80 1 Average runoff condition, and Ia 0.28 2 Crop residue cover applies only if residue is on at least 5% of the surface throughout the year. 3 Hydraulic condition is based on combination factors that affect infiltration and runoff, including (a) density and canopy of vegetative areas, (b) amount of year-round cover, (c) amount of grass or close -seeded legumes, (d) percent of residue cover on the land surface (good >_ 20%), and (e) degree of surface roughness. Poor: Factors impair infiltration and tend to increase runoff. Good: Factors encourage average and better than average infiltration and tend to decrease runoff. S E P T E M B E R 2022 3-13 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 33 NEW HANOVER COUNTY STORMWATER DESIGN MANUAL CHAPTER 3 - HYDROLOGY Table 3-8. Curve Numbers for Other Agricultural Conditions 1 (Natural Resources Conservation Service, June 1986) Cover description Cover type Hydrologic condition A Curve numbers for hydrologic soil group B C D Pasture, grassland, or range —continuous Poor 68 79 86 89 forage for grazing. 2r Fair 49 69 79 84 Good 39 61 74 80 Meadow —continuous grass, protected from — 30 58 71 78 grazing and generally mowed for hay. Brush —brush -weed -grass mixture with brush Poor 48 67 77 83 the major element. 21 Fair 35 56 70 77 Good 30 _v 48 65 73 Woods —grass combination (orchard Poor 57 73 82 86 or tree farm). 51 Fair 43 65 76 82 Good 32 58 72 79 Woods. 61 Poor 45 66 77 83 Fair 36 60 73 79 Good 30 _v 55 70 77 Farmsteads —buildings, lanes, driveways, — 59 74 82 86 and surrounding lots. 1 Average runoff condition, and I. = 02S. 2 PDor.• <50%) ground cover or heavily grazed with no mulch. Fair. 50 to 75% ground cover and not heavily grazed. Good. > 75% ground cover and lightly or only occasionally grazed. 3 Poor. <50% ground cover. Fair: 50 to 75% ground cover. Good: >75% ground cover. 4 Actual curve number is less than 30; use CN = 30 for runoff computations. 5 CN's shown were computed for areas with 50% woods and 50% grass (pasture) cover. Other combinations of conditions may be computed from the CN's for woods and pasture. 6 Paor.• Forest litter, small trees, and brush are destroyed by heavy grazing or regular burning. Fair. Woods are grazed but not burned, and some forest litter covers the soil. Good: Woods are protected from grazing, and litter and brush adequately cover the soil. 3.6.2 Depth of Runoff The depth of runoff can be determined for the desired rainfall amount by using the following equations. The NRCS Curve Number Method accounts for precipitation losses such as transpiration, evaporation, and infiltration. Equation 3-12. NRCS Equation for Soil Storage Capacity 1000 S= —10 CN Where: S = Potential maximum retention after runoff begins (inches) CN = Curve Number S E P T E M B E R 2022 3-14 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 34 NEW HANOVER COUNTY STORMWATER DESIGN MANUAL CHAPTER 3 - HYDROLOGY Equation 3-13. NRCS Equation for Initial Abstraction Ia = 0.25 Where: Ia = Initial Abstraction (inches) S = Potential maximum retention after runoff begins (inches) Equation 3-14. NRCS Equation for Runoff Depth (P — 0.25)2 Qin = (P + 0.85) Where: Qin = Runoff depth (inches) P = Selected rainfall amount (inches) S = Potential maximum retention after runoff begins (inches) 3.6.3 Peak Discharge The peak discharge can be determined using the graphical peak discharge method as detailed in the TR- 55 published by NRCS in 1986 (Natural Resources Conservation Service, June 1986). The graphical peak discharge method requires the time of concentration, drainage area, appropriate rainfall distribution, 24-hour rainfall depth, curve number, initial abstraction, and an adjustment factor for pond and swamp areas (if pond and swamp areas are spread throughout the watershed and are not considered in the T, computation). Equation 3-15. NRCS Equation for Peak Discharge qp = qu A Qi.Fp Where: qp = Peak discharge (cubic feet/second) q = Unit peak discharge (cubic feet per square mile per inch of runoff) A = Drainage area (square miles) Qi = Runoff depth (inches) (from Equation 3-14) Fp = Adjustment factor for pond and swamp areas (from Table 3-9) For New Hanover County, the unit peak discharge, q, is obtained from Exhibit 4-III in TR-55 for Type III rainfall distribution, by using the time of concentration, rainfall distribution type, and the IQ/P ratio (Natural Resources Conservation Service, June 1986) where 1a, is the initial abstraction (inches) and P is the selected rainfall amount (inches). Table 3-9. Adjustment factor (Fp) for Pond and Swamp Areas throughout the Watershed (Natural Resources Conservation Service, June 1986) Percentage of pond and swamp areas Fp 0 % 1.00 0.2 % 0.97 1.0 % 0.87 3.0 % 0.75 5.0 % 0.72 S E P T E M B E R 2022 3-15 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 35 NEW HANOVER COUNTY STORMWATER DESIGN MANUAL CHAPTER 3 - HYDROLOGY 3.6.4 Hydrograph Formulation The three important aspects of the design hydrograph are the peak discharge's magnitude, the runoff volume (calculated as the area under the hydrograph), and the hydrograph shape. The NRCS unit hydrograph method is used to develop the hydrograph for the drainage area. This method is the basis for both the TR-55 and TR-20 methods. A complete discussion of the unit hydrograph method is available in the NRCS National Engineering Handbook, Chapter 16 - Hydrographs (Natural Resources Conservation Service, March 2007). The unit hydrograph is a discharge hydrograph resulting from 1 inch of direct runoff distributed uniformly over the watershed resulting from a rainfall of a specified duration (Natural Resources Conservation Service, March 2007). The following steps are used to develop a unit hydrograph for the drainage area of interest: 1) Determine the time of concentration, T,, for the drainage area of interest. This is discussed in Section 3.4 Time of Concentration of this Stormwater Design Manual. 2) Determine the duration of excess rainfall, Ad, as shown in Equation 3-16. (Note: A small variation in Ad is permitted, but it should not be greater than 0.25Tp.) Equation 3-16. Equation for Excess Rainfall Ad = 0.133(T,) Where: Ad= Duration of excess rainfall (hours) Tc= Time of concentration (hours) 3) Compute the time to peak, Tp, as shown in Equation 3-17. Equation 3-17. Equation for Time to Peak Tp = (1d) + (0.6) (Tc) Where: Tp=Time to peak (hours) Ad= Duration of excess rainfall (hours) Tc= Time of concentration (hours) 4) Determine the peak of the unit hydrograph, known as the peak discharge for 1 inch of runoff, with Equation 3-18. (Note: The constant 484 is to convert from square miles, inches, and hours to cfs. If using acres, inches, and minutes for A, Q, and Tp, respectively, the constant is 45.38.) Equation 3-18. Equation for Peak Discharge Unit Hydrograph qp = (484) (A) (TQP) Where: qp= Peak of the unit hydrograph in cubic feet per second (cubic feet per second) A = Drainage area (square miles) Q = Volume of runoff in inches for the unit hydrograph (1 inch) Tp= Time to peak (hours) S E P T E M B E R 2022 3-16 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 36 NEW HANOVER COUNTY STORMWATER DESIGN MANUAL CHAPTER 3 - HYDROLOGY 5) Develop the unit hydrograph using the ratios for the dimensionless unit hydrograph from Table 16-1 of NRCS National Engineering Handbook, Chapter 16 - Hydrographs. The unit hydrograph should be tabulated in increments of Ad for ease in computations. The unit hydrograph is determined by multiplying qp of the unit hydrograph by each of the q/qp values of the dimensionless unit hydrograph. Determination of detention storage requirements and hydrograph routing are important for properly designing detention structures used for water quantity control. The four components of this process are determination of required storage, formulation of the elevation -storage relationship, development of the elevation -discharge function, and flood routing. Each of these components is described in detail in Section 5.2., Hydrograph Routing for Detention and Infiltration/Retention SCMs, of this Manual. 3.7 References Chow, V. T. (2009). Open -Channel Hydraulics. United States: Blackburn Press. Natural Resources Conservation Service. (June 1986). Urban HydrologyforSmall Watersheds, Technical Release 55 (Second Edition, Revised ed.). US Department of Agriculture. Retrieved February 10, 2022, from https://www.nres.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044171.pdf Natural Resources Conservation Service. (March 2007). National Engineering Handbook, Part 630 Hydrology, Chapter 16 - Hydrographs. United States Department of Agriculture. Retrieved May 24, 2022, from https://directives.sc.egov.usda.gov/OpenNonWebContent.aspx?content=17755.wba Natural Resources Conservation Service. (May 2010). National Engineering Handbook, Part 630 Hydrology, Chapter 15 - Time of Concentration. US Department of Agriculture. Retrieved April 22, 2022, from https://directives.sc.egov.usda.gov/OpenNonWebContent.aspx?content=27002.wba Soil Conservation Service. (April 1977). Soil Survey of New Hanover County, North Carolina. US Department of Agriculture. Retrieved February 10, 2022, from https://www.nres.usda.gov/Internet/FSE_MANUSCRIPTS/north_carolina/NC129/0/NewHanover .pdf Viessman, Jr., W., & Lewis, G. L. (2003). Introduction to Hydrology (Fifth ed.). Upper Saddle River, NJ, USA: Pearson Education, Inc. S E P T E M B E R 2022 3-17 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 37 New Hanover County Stormwater Design Manual 4 HYDRAULICS Contents 4 HYDRAULICS..............................................................................................................................4-1 4.1 Introduction...............................................................................................................................4-2 4.2 Design Storm Criteria.................................................................................................................4-3 4.3 Inlet Design................................................................................................................................4-4 4.3.1 Curb Inlet...........................................................................................................................4-4 4.3.2 Drop Inlets.........................................................................................................................4-4 4.4 Pipe System Design....................................................................................................................4-5 4.4.1 Design Flow.......................................................................................................................4-6 4.4.2 Pipe Size and Spacing Requirements.................................................................................4-6 4.4.3 Pipe Material, Bedding, and Cover Requirements.............................................................4-6 4.5 Culvert Design...........................................................................................................................4-7 4.6 Outlet Design/ Energy Dissipators.............................................................................................4-8 4.7 Open Channel Design................................................................................................................4-8 4.7.1 Open Channel Design Requirements.................................................................................4-9 4.7.2 Vegetative Channels..........................................................................................................4-9 4.7.3 Riprap Lined Channels.......................................................................................................4-9 4.7.4 Alternative liners.............................................................................................................4-11 4.8 References...............................................................................................................................4-11 S E P T E M B E R 2022 4-1 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 38 NEW HANOVER COUNTY STORMWATER DESIGN MANUAL CHAPTER 4 - HYDRAULICS Tables 4-1. Design Storm Criteria for Stormwater Conveyance System Elements..........................................4-3 4-2. Manning's Roughness Coefficient for Lined Channels 1.............................................................4-10 SEPTEMBER 2022 4-2 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 39 NEW HANOVER COUNTY STORMWATER DESIGN MANUAL CHAPTER 4 - HYDRAULICS 4.1 Introduction Hydraulic analysis for the design of storm drain conveyance systems is a multi -step process where designers first determine the required surface inlet configurations and then design the pipe system below the surface or the open channel systems to convey stormwater to a receiving waterbody. Designers shall follow the hydraulic design and calculation procedures specified in the NCDOT Drainage Study Guidelines (North Carolina Department of Transportation, 2022) and FHWA Hydraulic Design of Highway Culverts (Federal Highway Administration, April 2012). Additional minimum requirements for New Hanover County are provided for various components of stormwater conveyance systems in the corresponding sections of this chapter. Where discrepancies exist, this Manual shall govern. Several acceptable software applications are available for storm drainage system hydraulic analysis and design. Designers should reference the NCDOT Hydraulics Unit for the most current software options available. Calculations and documentation for methodologies, selected by a Professional Engineer licensed by the State of North Carolina, must be included in the Stormwater Management Plan submitted to New Hanover County as indicated in Chapter 2 of this Manual. 4.2 Design Storm Criteria Design storm criteria for the hydraulic design of stormwater conveyance systems in New Hanover County are defined in the following paragraph and summarized in Table 4-1. Hydraulic design criteria and additional analysis requirements for each individual element of the stormwater conveyance system are described in detail in the individual sections of this Chapter. Curb inlets shall be designed for a rainfall intensity of 4-inches per hour and have a drawdown time less than 15-minutes for the 25-year storm. Inlets or pipes in low points, or sags, shall be designed such that water ponding does not exceed the design criteria in a 25-yr storm event and will not cause structural flooding to adjacent buildings or other interests in the 100-year storm event. Culverts shall be designed for the 25-year storm for both public and private roadways and designed to meet NCDOT standards. Additional analysis for culverts includes evaluations for the 10-year, 100-year, overtopping, and 500- year events. Energy dissipators shall be designed for the 25-year storm. Open channels shall be designed for maximum flow and velocity of the 25-year storm event. Analysis shall also be provided for the 100- year storm event. Table 4-1. Design Storm Criteria for Stormwater Conveyance System Elements Piped collection system Culverts under PUBLIC OR PRIVATE roadways Energy dissipators for culverts Open channels Curb inlets Drop inlets, other non -roadway inlets SEPTEMBER 2022 Design Storm 25-yea r 25-year 25-year 25-yea r 4-inches/hour, 25-year 25-yea r Additional Analysis 100-yea r 10-year, 100-year, overtopping, 500-year 100-year 100-year 100-yea r 100-yea r 4-3 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 40 NEW HANOVER COUNTY STORMWATER DESIGN MANUAL CHAPTER 4 - HYDRAULICS 4.3 Inlet Design 4.3.1 Curb Inlet Designers shall follow the inlet selection and placement procedure specified in the NCDOT Drainage Study Guidelines. Curb inlet designs shall be based on standard NCDOT curb inlet with a recommended Standard E, F, or G grate. The following paragraphs identify additional minimum requirements for the design of curb inlets in New Hanover County. Curb inlets shall be located such that the gutter flow spread does not exceed the allowable gutter spread width, as defined in this section, at a design intensity of 4 inches per hour. Once the curb inlet system design is established according to the 4 inches per hour storm event, the system shall be verified to be able to drawdown the 25-yr storm event within 15 minutes. Curb inlets shall be When determining inlet capacity for inlets on grade, ignore the curb opening. When determining the inlet capacity for inlets in sag designed for a rainfall conditions or low points, design inlets assuming a 50% blockage. intensity of 4 inches per Calculations for ponding depths for Inlets in low points or sags, shall hour and pond depths be provided for a 25-year and 100-year storm event and will not checked for the 25-yr cause structural flooding to adjacent buildings or other interests in storm. the 100-year storm event. Curb inlets shall be located such that the gutter flow spread does not exceed 8 feet or one-third of the street width, whichever is less, during a 4-inches per hour storm event with a maximum spacing of 400 feet between inlets. Verify spread is not exceeded upstream of sags. Additional flanking inlets upstream may be needed to keep spread criteria from being exceeded. In addition to allowable gutter flow spread, several other factors should be considered when placing curb inlets. In no instance should runoff pond to a depth greater than the height of the adjacent curb; typically, 6 inches. Curb inlets shall be located on the upstream sides of intersecting streets to reduce flow crossing the intersection, as well as upgrade of superelevation crossovers. Bypass discharge at intersections and superelevation crossovers shall not exceed 0.1 cubic feet per second. Calculations and documentation for curb inlet design methodologies, including spread calculations and pond depths, performed by a Professional Engineer licensed by the State of North Carolina, must be included in the Stormwater Management Plan submitted to New Hanover County as indicated in Chapter 2 of this Manual. 4.3.2 Drop Inlets Designers shall follow the inlet selection and placement procedure specified in the NCDOT Drainage Study Guidelines. All non -roadways inlets, such as drop inlets or yard inlets, shall be designed based on a standard NCDOT Standard grates and structures. The following paragraphs identify additional minimum requirements for the design of drop inlets in New Hanover County. SEPTEMBER 2022 4-4 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 41 NEW HANOVER COUNTY STORMWATER DESIGN MANUAL Drop inlets and other non - roadway inlets shall be designed such that water ponding does not exceed the design criteria in a 25-yr storm event. CHAPTER 4 - HYDRAULICS Drop inlets and other non -roadway inlets shall be designed such that water ponding does not exceed the design criteria in a 25-yr storm event and will not cause flooding to adjacent buildings or other interests. Drop inlets and other non -roadway inlets shall be placed at low points, along roadside ditches when necessary, and to capture offsite runoff before it reaches the roadway. When determining the inlet capacity for inlets in sag conditions or low points, design inlets assuming a 50% blockage. Ponding depths at drop inlets and other non -roadway inlets shall be calculated and provided for the 25-year and 100-year design storm event and should result in no structures or other interests are flooded as a result. No increase in the 100-year ponding levels on adjacent property shall be allowed without an easement. Calculations and documentation for drop inlet design methodologies, performed by a Professional Engineer licensed by the State of North Carolina, must be included in the Stormwater Management Plan submitted to New Hanover County as indicated in Chapter 2 of this Manual. 4.4 Pipe System Design For guidance related specifically to pipe system design and calculations, designers shall refer to the most recent version of the NCDOT Drainage Study Guidelines (North Carolina Department of Transportation, 2022). Designers shall also follow NCDOT guidance on the treatment of existing pipes when existing storm drain pipe is to be removed or replaced. The following paragraphs identify additional minimum requirements for the design of pipe systems in New Hanover County. New Hanover County encourages the use of open channels to convey stormwater. However, where open streams, channels and ditches are in or partly contained within property being developed, and the channel cannot be incorporated into the development, they can be piped by the developer unless the provided the piping complies with all appropriate state and federal environmental permitting requirements. The designer shall consider all offsite areas which will drain through the project site for full development in accordance with current zoning designations. Channels, which remain open, shall be designed, and constructed in accordance with Section 4.7 - Open Channel Design of this Manual. Designers shall follow the storm drain design procedure specified in Piped collection systems the NCDOT Drainage Study Guidelines to provide a connecting route shall be designed for the of flow from the inlet(s) to the proper outlet point(s). After the initial 25-year storm event. system layout is designed, the individual pipe sizes can be determined, and the hydraulic grade line (HGL) can be developed. The HGL provides the potential elevation, under design conditions, to which water will rise in the various inlets and junctions; this serves as a useful check for unacceptable flow conditions within the drainage system that may dictate a necessary change to an element to the drainage system (North Carolina Department of Transportation, 2022). SEPTEMBER 2022 4-5 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 42 NEW HANOVER COUNTY STORMWATER DESIGN MANUAL CHAPTER 4 - HYDRAULICS The Stormwater Management Plan submitted to New Hanover County shall include calculations of the pipe system and the HGL along with information for each individual pipe segment as described in Table 2-7 in Chapter 2 of this Manual. 4.4.1 Design Flow Piped collection systems shall be designed for the 25-year storm event. Pipes in low points, or sags, shall be designed such that water ponding does not exceed the design criteria in a 25-yr storm event and will not cause structural flooding to adjacent buildings or other interests in the 100-year storm event. Pipes sizes shall be designed based on Manning's equation for gravity pipe flow. The Manning's roughness coefficient for standard pipe materials associated with open channel flow can be obtained from standard textbooks and engineering reference manuals. The design flow should be taken as the sum from the individual drainage areas and not the sum of the individual inlet capacity. Equation 4-1. Manning's Equation for Flow Q = VA = (1.n 9) (A) (RZ/3)� Where: Q = Average flow volume (cubic feet/second) V = Average velocity (feet/second) A = Flow area (square feet) n = Manning roughness coefficient for the pipe R = Hydraulic radius of the pipe or flow area (feet) S = Slope of the pipe, hydraulic grade line (HGL), or channel bottom (feet/feet) 4.4.2 Pipe Size and Spacing Requirements The minimum pipe diameter for a piped stormwater drainage collection system is 15 inches. The maximum allowable water surface elevation at pipe inlets shall be the shoulder elevation of the roadway or the bottom of grated inlets and manhole covers, whichever is applicable. The maximum spacing between two access points in any instance shall be 300 feet when outside the right-of-way (ROW). Access points, such as manholes or catch basins, shall be required at all changes in grade and/or alignment and pipe junctions. 4.4.3 Pipe Material, Bedding, and Cover Requirements Designers shall select NCDOT standard materials included in the most recent version of the NCDOT Pipe Material Selection Guide. Reinforced concrete pipes and HDPE pipes are preferred for county - maintained drainage systems. Designers shall reference the NCDOT Pipe Material Selection Guide for minimum cover requirements for pipes under roadways, and reference manufacturer specifications for all other pipe cover requirements. In the event that minimum pipe cover cannot be achievable, pipe cover requirements may be adjusted by New Hanover County based on supporting calculations provided by the designer. S E P T E M B E R 2022 4-6 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 43 NEW HANOVER COUNTY STORMWATER DESIGN MANUAL CHAPTER 4 - HYDRAULICS Pipe bedding materials and methods shall be selected using the most recent version of the NCDOT Standard Specifications for Roads and Structures, Section 300. 4.5 Culvert Design Whenever open channels are used to convey stormwater, it may be necessary to cross under a roadway, driveway, or other surface water feature using a culvert. Culverts shall be designed for the 25-year storm for both public and private roadways and designed to meet NCDOT standards. For guidance related specifically to culvert design, please refer to the most recent version of the NCDOT Drainage Study Guidelines and the FHWA HEC No. 5 - Hydraulic Design of Highway Culverts (Federal Highway Administration, April 2012). Culverts shall be evaluated for the 10-year, 100-year, overtopping, and 500-year events to ensure water ponding does not exceed the design criteria in a 25-year storm event, and structural flooding to adjacent buildings or other interests does not occur in the 100-year storm event. The overland flow path of the 100-year storm event shall be indicated on the design plan and included in a permanent easement, as discussed in Chapter 2 of this Manual. The minimum pipe size for culverts in New Hanover County is 15 inches. The most used structures are reinforced concrete box culverts (RCBC), Culverts under roadways reinforced concrete pipes (RCP), corrugated steel pipes (CSP), and shall be designed for the corrugated aluminum alloy pipes (CAAP); the most used culvert shapes 25-year storm. are circular, rectangular, elliptical, and arch (North Carolina Department of Transportation, 2022). The culvert shall be designed to meet several hydraulic conditions based on headwater depth, full or partial flow, roughness, slope, entrance and exit types, and tailwater depth. Design calculations shall be included in Stormwater Management Plan submittal as described in Chapter 2 of this Manual. The designer shall consider both inlet and outlet control in the design of culverts. Inlet control exists when the culvert barrel is not flowing full for the entire length of culvert. The discharge capacity is controlled at the entrance by the depth of the headwater (depth from the invert of the culvert to the water surface elevation) and entrance geometry. Outlet control exists when the culvert barrel is flowing full for the entire length of culvert or flowing full for only part of the culvert in certain circumstances. The controlling factors in outlet control are tailwater elevation in the outlet channel, slope, roughness, and length of the culvert barrel. Designers should follow the NCDOT Drainage Study Guidelines when preparing the longitudinal profile, centerline profile, plan view, and cross pipe data as well as guidance on sills and/or baffles needed for the design. Calculations and documentation for culvert design methodologies selected by a Professional Engineer licensed by the State of North Carolina must be included in the Stormwater Management Plan submitted to New Hanover County as indicated in Chapter 2 of this Manual. The HGL shall be examined to ensure no adverse effects on upstream properties due to installation of the culvert. When necessary, step backwater profiles shall be developed to ensure no induced adverse impact on upstream properties. S E P T E M B E R 2022 4-7 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 44 NEW HANOVER COUNTY STORMWATER DESIGN MANUAL CHAPTER 4 - HYDRAULICS Downstream flow shall be examined to ensure no adverse impacts on downstream properties due to installation of the culvert. When necessary, energy dissipators shall be designed and installed on the outlet of the culvert. Culvert larger than 48 inches in diameter and classified as bridges by the North Carolina Department of Transportation will be approved by the county on a case -by -case basis. 4.6 Outlet Design/ Energy Dissipators Inlets and outlets of pipe culverts shall be designed to prevent erosion. Energy dissipators shall be designed and constructed at the outlets of all pipe systems to prevent erosion in the receiving water body. Energy dissipators shall be designed for the 25-year storm. Energy dissipators are de -energizing devices and/or erosion prevention devices designed to provide stable flow transitions and reduce the velocity of stormwater discharges to prevent erosion of the receiving channel or water body. These devices are needed for any storm drain outlet, culvert outlet, or channel outlet where the receiving channel or discharge area will be subject to erosion. Energy dissipation may also be necessary at the inlet of culverts where velocities are high, or if there is a concern that erosion will occur. The length, width, and stone size of an energy dissipation device are Energy dissipators controlled by the velocity at the outfall of the drainage system or culvert. shall be designed for The designer shall follow NCDOT Standard Drawing 876.02 for guidelines the 25-year storm. on designing riprap aprons. For guidance and calculations on other energy dissipator devices, the designer shall refer to the most recent version of the FHWA, HEC No. 14 - Hydraulic Design of Energy Dissipators for Culverts and Channels (Federal Highway Administration, July 2006) and most recent version of the North Carolina Department of Environmental Quality (NCDEQ) Erosion and Sediment Control Planning and Design Manual (North Carolina Department of Environmental Quality, 2013). The velocity and/or quantity of stormwater discharges from the right-of-way can impact the water quality of a receiving channel. Designers shall complete an evaluation to ensure the downstream receiving channel and property will not be adversely affected by increased discharge or erosion from upstream runoff. Stormwater discharges from outlets must be designed to minimize impacts to the downstream channel and adjacent properties and comply with NC Administrative Code 15A NCAC 0413.0109 regarding stormwater outlet protection. Culvert alignment shall be positioned to avoid bank erosion at the inlet and outlet. Stream realignment or stabilization may be required to mitigate potential stream bank erosion, though stream work done upstream and downstream of a culvert shall be minimized. 4.7 Open Channel Design Open channels shall be designed using standard step backwater profile methods, as described in most hydraulic references. Open channels shall be designed as a system with effects of any tailwater SEPTEMBER 2022 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 45 NEW HANOVER COUNTY STORMWATER DESIGN MANUAL CHAPTER 4 - HYDRAULICS conditions from culverts or other possible controlling features downstream of the outlet from the development considered in the design. Open channels shall be designed Proper consideration and design of the channel are of utmost importance due to the high degree of potential erosion caused for the peak runoff from the 25- by the loose, non -cohesive soils native to New Hanover County. year and 100-year storm. Typical linings that protect channel slopes include grasses, grass reinforced with a stabilization mat, stone riprap, paved slopes, and concrete fabric -form. New Hanover County encourages the introduction of new proven methods for lining channels. Alternative channel linings may be considered. Calculations and documentation for open channel design methodologies selected by a Professional Engineer licensed by the State of North Carolina must be included in the Stormwater Management Plan submitted to New Hanover County as described in Chapter 2 of this Manual. 4.7.1 Open Channel Design Requirements Open channels shall be designed for the 25-year storm event. Analysis shall also be provided for the 100-year storm event. Maximum side slopes for vegetated channels shall be 3:1(horizontal: vertical) or flatter. Where side slopes are protected with riprap, fabric -formed concrete, or other approved armoring, side slopes of 2:1 may be considered. Calculations for permanent liners, armoring, and other Open channels shall be designed protective measures shall be completed by a Professional for maximum flow and velocity Engineer licensed by the State of North Carolina and included in with the 25-year storm. the Stormwater Management Plan submittal as described in Chapter 2 of this Manual. Channel linings shall be designed for the maximum velocities anticipated for the 25-year storm event. The maximum velocity for a channel depends on the type of lining selected by the designer. 4.7.2 Vegetative Channels Typical channel cross sections include the trapezoidal cross section, triangular cross section, and the parabolic cross section. Channel capacity shall be computed using the Manning's equation and trial and error solution. The basic equation is provided above in Equation 4-1. 4.7.3 Riprap Lined Channels Flow velocity is an important consideration in the design of riprap linings to ensure the riprap remains stable. If the design velocity is exceeded, there is a greater chance stones can become dislodged. Determining the permissible tractive force (shear stress) is also an effective way to design a stable channel as the permissible shear stress indicates the force required to initiate movement of the stone particles (Federal Highway Administration, September 2005). The tractive force approach is recommended for the design of channels with temporary synthetic liners or riprap liners (North Carolina Department of Environmental Quality, 2013). SEPTEMBER 2022 4-9 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 46 NEW HANOVER COUNTY STORMWATER DESIGN MANUAL CHAPTER 4 - HYDRAULICS For detailed guidance specific to calculating shear stress for open channels, designers should refer to the most recent version of the FHWA, HEC No. 15 - Design of Roadside Channels with Flexible Linings (Federal Highway Administration, September 2005) and the most recent version of the NCDEQ Erosion and Sediment Control Planning and Design Manual (North Carolina Department of Environmental Quality, 2013). The first step in the design of riprap linings is to calculate the flow depth so that the shear stress can be determined. The flow depth can be calculated using Manning's equation (Equation 4-1 above) paired with a nomograph for trapezoidal channels. Values for the Manning's roughness coefficient are show in Table for varying depths of flow. Table 4-2. Manning's Roughness Coefficient for Lined Channels 1 (North Carolina Department of Environmental Quality, 2013) Lining Category Lining Type Rigid Concrete Roughness Coefficient (n-value) for Depth Ranges 0-0.5 feet 0.5-2.0 feet > 2.0 feet (0-15 cm) (15-60 cm) (>60 cm) 0.015 0.013 0.013 Grouted Riprap 0.040 0.030 0.028 Stone Masonry 0.042 0.032 0.030 Soil Cement 0.025 0.022 0.020 Asphalt 0.018 0.016 0.016 Unlined Bare Soil 0.023 0.020 0.020 Rock Cut 0.045 0.035 0.025 Gravel riprap 1-inch (2.5-cm) D50 0.044 0.033 0.003 2-inch (5-cm) D50 0.066 0.041 0.034 Rock riprap 6-inch (15-cm) D50 0.104 0.069 0.035 12-inch (30-cm) D50 -- 0.078 0.04 1 Values listed are representative values for the respective depth ranges. Manning's roughness coefficients, n, vary with the flow depth. Choosing the appropriate size riprap and depth is a trial -and -error procedure. Once the depth is determined, the assumed roughness coefficient should be checked with the Manning's roughness coefficient in Table at different flow depths. With the known channel slope, S, calculate the shear stress, T, using Equation 4-2. This calculated value for shear stress should be less than the permissible shear stress for the riprap. If the calculated shear stress is greater than the permissible shear stress, then adjust the channel dimensions to reduce shear or select a more resistant lining or size of riprap and repeat the design steps until the shear stress is less than the permissible shear stress. SEPTEMBER 2022 4-10 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 47 NEW HANOVER COUNTY STORMWATER DESIGN MANUAL CHAPTER 4 - HYDRAULICS Equation 4-2. Shear Stress of Riprap Lined Channels T = (y)(d)(S) Where: T = Shear stress (pounds per square foot) y = Density of water = 62.4 pounds per cubic foot d = Flow depth (feet) S = Slope of the channel bottom (foot per foot) 4.7.4 Alternative liners When the velocity in an open channel exceeds permissible velocities for channel vegetation, it becomes necessary to use a permanent protective lining on the slopes and bottom of the channel. Riprap linings have been discussed in the previous section and provide very economical and dependable protection for most flows if sized properly. There are several other linings available that may be preferred due to cost, appearance, maintenance, and dependability. Some available sources are fabric -form, concrete paving, gabions, or a combination of any of these, i.e., paved channels with grassed side slopes, if site conditions warrant. Designers should follow the NCDOT Drainage Study Guidelines for alternative liners where riprap may not be acceptable. 4.8 References Federal Highway Administration. (April 2012). Hydraulic Design of Highway Culverts (HEC No. 5, Third ed.). U.S. Department of Transportation. Retrieved February 23, 2022, from https://www.fhwa.dot.gov/engineering/hydraulics/pubs/12026/hifl2O26.pdf Federal Highway Administration. (July 2006). Hydraulic Design of Energy Dissipators for Culverts and Channels (HEC No. 14, Third ed.). U.S. Department of Transportation. Retrieved April 6, 2022, from https://www.fhwa.dot.gov/engineering/hydraulics/pubs/06086/hecl4.pdf Federal Highway Administration. (September 2005). Design of Roadside Channels with Flexible Linings (HEC No. 15, Third ed.). U.S. Department of Transportation. Retrieved April 7, 2022, from https://www.fhwa.dot.gov/engineering/hydraulics/pubs/05114/05114.pdf North Carolina Department of Environmental Quality. (2013). Erosion and Sediment Control Planning and Design Manual. State of North Carolina. Retrieved April 7, 2022, from https://deq.nc.gov/media/14649/download North Carolina Department of Transportation. (2022). Guidelines for Drainage Studies and Hydraulic Design. Hydraulics Unit. State of North Carolina. Retrieved February 23, 2022, from https://connect.ncdot.gov/resources/hydro/Pages/DrainageStudiesGuidelines.aspx SEPTEMBER 2022 4-11 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 48 New Hanover County Stormwater Design Manual 5 STORMWATER CONTROL MEASURES (SCMs) Contents 5 STORMWATER CONTROL MEASURES (SCMs)...........................................................................5-1 5.1 Design Criteria and Requirements.............................................................................................5-3 5.1.1 Water Quantity Requirements..........................................................................................5-3 5.1.2 Water Quality Requirements.............................................................................................5-3 5.2 Hydrograph Routing for Detention and Infiltration/Retention SCMs.......................................5-3 5.2.1 Determine Required Storage.............................................................................................5-4 5.2.2 Formulate Elevation -Storage Relationship........................................................................5-4 5.2.3 Develop Elevation -Discharge Function..............................................................................5-4 5.2.4 Flood Routing....................................................................................................................5-5 5.3 Detention SCM Design Procedures for Water Quantity Control...............................................5-6 5.3.1 Maximum Slopes...............................................................................................................5-6 5.3.2 Overflow and Overflow Outlet Structure..........................................................................5-6 5.3.3 Drains.................................................................................................................................5-6 5.3.4 Other Utilities....................................................................................................................5-6 5.3.5 Access................................................................................................................................5-7 5.3.6 Fencing..............................................................................................................................5-7 5.3.7 Flooding of Parking Areas..................................................................................................5-7 5.3.8 Dam Safety Requirement..................................................................................................5-7 S E P T E M B E R 2022 5-1 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 49 NEW HANOVER COUNTY STORMWATER DESIGN MANUAL CHAPTER 5 — STORMWATER CONTROL MEASURES 5.4 Infiltration/Retention SCM Design Procedures for Water Quantity Control.............................5-7 5.4.1 Subsurface Information.....................................................................................................5-7 5.4.2 Storage Capacity................................................................................................................5-8 5.4.3 Overflow and Overflow Outlet Structure..........................................................................5-8 5.4.4 Access................................................................................................................................5-8 5.4.5 Media and Geotextiles.......................................................................................................5-8 5.5 Vegetation.................................................................................................................................5-8 5.6 Downstream Assessment Analysis............................................................................................5-9 5.7 References...............................................................................................................................5-10 SEPTEMBER 2022 5-2 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 50 NEW HANOVER COUNTY STORMWATER DESIGN MANUAL CHAPTER 5 — STORMWATER CONTROL MEASURES 5.1 Design Criteria and Requirements Stormwater control measures (SCMs) can be designed to meet both water quantity and water quality requirements. Requirements for both types of control are identified below; however, this Manual provides design guidance for water quantity control only in the sections that follow. 5.1.1 Water Quantity Requirements Development shall, at a minimum, provide adequate SCMs to mitigate the increased runoff from the post -development condition. New Hanover County requires the post -development peak discharge from the site for the 2-, 10-, and 25-year frequency, 24-hour storm events not exceed the pre -development peak runoff discharge rate for the same storms. New Hanover County is concerned about the volume of runoff as well as the peak discharge from storms occurring within the county. With the low land slope in the county, volume of runoff is of major concern. For this reason, the county has chosen to use the longer 24-hour storm event rather than the shorter 6-hour event to design SCMs. SCMs for control of water quantity include both detention and infiltration/retention SCMs, as discussed below in Sections 5.2 and 5.3. The County Engineer will consider innovative and new technologies for stormwater quantity control not included in this Manual, if submitted with sufficient documentation. 5.1.2 Water Quality Requirements Post -development stormwater runoff must comply with applicable federal, state, and local stormwater quality requirements. Although all detention and infiltration/retention SCMs accepted for water quantity control in New Hanover County can also be used for water quality control, there are additional SCMs appropriate for water quality control only. Any SCM used for water quality control must be designed in accordance with state design guidelines, and a separate permit application to North Carolina Department of Environmental Quality (NCDEQ) is required. Water quality design requirements and guidance for stormwater detention and infiltration/retention, as well as other types of SCMs, can be found in the NCDEQ Stormwater Design Manual. 5.2 Hydrograph Routing for Detention and Infiltration/Retention SCMs New Hanover County will use methods based on Natural Resources Conservation Service (NRCS), National Engineering Handbook (NEH), Part 630, Hydrology, Chapter 16 - Hydrographs (Natural Resources Conservation Service, March 2007) and Chapter 17 — Flood Routing (Natural Resources Conservation Service, April 2014), to review the hydrologic design of detention and infiltration/retention SCMs, including hydrograph formulation and routing. These methods are integrated into TR-55, Urban Hydrology for Small Watersheds (Natural Resources Conservation Service, June 1986), for watersheds under 20 acres, and TR-20, Project Formulation — Hydrology, for watersheds larger than 20 acres. Numerous software packages are available with the capability to use the NRCS procedures to develop and route the hydrograph. Hydrograph formulation is discussed in Section 3.6.4 of this Manual, and hydrograph routing is discussed below in Sections 5.2.1 through 5.2.4. The designer may use other methods to design or to analyze the SCM and stormwater system; however, in cases of significant differences from NRCS methods, the SEPTEMBER 2022 5-3 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 51 NEW HANOVER COUNTY STORMWATER DESIGN MANUAL CHAPTER 5 — STORMWATER CONTROL MEASURES designer must submit justification for use of the alternative method in addition to the required supporting calculations as indicated in Chapter 2 of this Manual. The county will determine if the alternative method is acceptable. 5.2.1 Determine Required Storage A preliminary estimate of the required storage can be estimated using Equation 5-1. Equation 5-1. Required Storage Volume S = (Qp — Qa) (Tp) (60) Where: S = Estimated stormwater storage required (cubic feet) Qp= Estimated peak flow, post -development flow rate (cubic feet per second) Qa= Allowable maximum outflow, pre -development flow rate (cubic feet per second) Tp = Estimated time to peak, post -development flow (minutes) 5.2.2 Formulate Elevation -Storage Relationship The elevation -storage function represents an important aspect of the size and shape of the detention or infiltration/retention basin and is presented as a graph or table of water surface elevation (or stage) versus storage volume. Stage is the depth of water relative to the bottom of the SCM. Storage is the volume of storage at a given stage or elevation. The relationship is developed from a topographic map of the SCM. Elevation -storage information is needed from the lowest elevation at the centerline of the dam up to an elevation slightly higher than the expected top of the dam. Elevation increments should be selected that define the topography with reasonable accuracy. The reservoir surface area is measured at each elevation increment. From these areas, the incremental volumes of water storage between the contours are computed by multiplying the incremental elevation by the average surface of the two contours, then accumulated to yield points of volume stored below each contour. A complete discussion of elevation -storage relationship formulation is available in NRCS NEH, Chapter 17 - Flood Routing. Orderly supporting calculations shall be submitted with the elevation - storage plot as indicated in Chapter 2 of this Manual. 5.2.3 Develop Elevation -Discharge Function The elevation -discharge function represents the most important aspect of the hydraulic behavior of the SCM's outlet system. Because there are many combinations of acceptable outlet devices, there can be no simple specification of permissible devices. After verifying the proposed outlet system is satisfactory, the designer is expected to present the elevation -discharge function as a graph of water surface elevation versus outflow from the system. Detailed drawings of the outlet configuration and supporting hydraulic calculations shall be submitted with the elevation -discharge plot as indicated in Chapter 2 of this Manual. Commonly, outlet devices are constructed as interactive systems of pipes, orifices, and weirs. Pipes acting under inlet control, with the inlet fully submerged, can be represented in calculations by the SEPTEMBER 2022 5-4 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 52 NEW HANOVER COUNTY STORMWATER DESIGN MANUAL CHAPTER 5 — STORMWATER CONTROL MEASURES orifice equation or by charts published by the Federal Highway Administration in Hydraulic Design of Culverts (Federal Highway Administration, April 2012). Should the orifice equation be used, acceptable values of coefficient of discharge may be taken from Part B: Calculations Guidance, Table 6, of the NCDEQ Stormwater Design Manual. If the outlet of the pipe system can be submerged in the 25-year storm, the system shall be analyzed under outlet control, including routing, to confirm that operation is satisfactory. The FHWA outlet - control charts in Hydraulic Design of Culverts can be used as references in the analysis (Federal Highway Administration, April 2012). Spillway components used as weirs can be analyzed as sharp -crested weirs, with weir coefficient 3.3, or broad -crested weirs, with weir coefficient 3.0, as appropriate. Other weirs may be used provided the designer justifies the analysis of behavior by authoritative reference. Designers are encouraged to exercise innovative planning in SCM design to produce effective, attractive, and easily maintained facilities. In the interest of efficiency in design and review, designers of unusual SCMs are encouraged to confer with the County Engineer early in the design process for a preliminary reaction. 5.2.4 Flood Routing The hydrographs of the 2-, 10-, and 25-year, 24-hour storms shall be routed through the detention or infiltration/retention SCM to verify the storage routing objective (required peak flow reduction) is met using the storage -indication method. The designer shall also analyze the proposed SCM facility for 100- year, 24-hour storm to ensure the emergency outlet device safely passes the post -development 100- year, 24-hour storm event, with at least 1-foot of freeboard below the top of dam, assuming the principal outlet devices are obstructed or not operating properly. To execute this method, one first formulates the three sets of source data described above in Section 5.2.1, Section 5.2.2, and Section 5.2.3. The elevation -storage relationship and the elevation -discharge function are then combined to form the storage -indication curve function. The storage indication curve is a plot of a certain expression, twice the storage divided by the time increment to which is added the outflow, versus the outflow. The time increment shall be selected prior to formulating the storage indication curve. Routing of the flood proceeds by time steps. At each time step through the passage of the inflow hydrograph through the reservoir, the outflow is computed. The result is a list values of outflow at the stated time, i.e., the outflow hydrograph. A complete discussion of the storage -indication method for reservoir routing is available in NRCS NEH, Chapter 17 - Flood Routing (Natural Resources Conservation Service, April 2014). Virtually all modem texts on the subjects of hydrology or water resources engineering include a treatment of the storage -indication method or one of its variations with an illustrative example. Other routing methods, including commercially available software, may be acceptable -provided they are recognizable by the County Engineer. The test of acceptability is verification by TR-20. SEPTEMBER 2022 5-5 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 53 NEW HANOVER COUNTY STORMWATER DESIGN MANUAL CHAPTER 5 — STORMWATER CONTROL MEASURES 5.3 Detention SCM Design Procedures for Water Quantity Control Stormwater detention SCMs used for water quantity control include wet ponds, stormwater wetlands, sand filters, and extended dry detention ponds. The county encourages the use of innovative techniques and designs which will provide the necessary protection for the receiving water course. These SCMs shall be designed for the runoff produced by the 2-, 10-, and 25-year, 24-hour storms and checked for the 100-year, 24-hour storm. Detailed drawings, substantiating data, calculations, and specifications shall be submitted for design for these facilities as indicated in Chapter 2 of this Manual. Open ponds have been utilized most frequently for stormwater control in New Hanover County; therefore, design standards and procedures for this approach are included in this Manual. The designer should refer to general design guidance and guidance elements applicable to water quantity control features for detention SCMs in the NCDEQ Stormwater Design Manual. The county encourages the developer or owner to incorporate stormwater controls into the overall site as an amenity and/or visual enhancement. Sections 5.3.1 through 5.3.8 identify additional minimum requirements for detention SCMs in New Hanover County. 5.3.1 Maximum Slopes Side slopes where vegetation is used for stabilization shall be 3:1 (Horizontal: Vertical) or flatter. 5.3.2 Overflow and Overflow Outlet Structure An emergency outlet or overflow device designed to safely convey the 100-year 24-hour storm event, with at least 1-foot of freeboard below the top of dam, shall be provided for all detention SCMs. This overflow shall be designed assuming the principal spillway or outlet device is obstructed and cannot convey any water. The maximum pond depth for the 25-year, 24-hour storm must not rise higher than 0.5 feet below the emergency spillway crest. The 100-year storm check is to verify that no structures become flooded. Overflow outlet structures shall be sufficiently designed and sized to function as a weir. A map showing the overflow path off the property may be required upon request. 5.3.3 Drains The design of the SCM shall incorporate a method of draining all water by use of a valve assembly. Where this is not possible, a well-defined low point shall be constructed to allow for pumping out the SCM. 5.3.4 Other Utilities No other utilities shall be constructed within five (5) feet of the stormwater detention SCM unless specifically approved by the County Engineer. S E P T E M B E R 2022 5-6 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 54 NEW HANOVER COUNTY STORMWATER DESIGN MANUAL CHAPTER 5 — STORMWATER CONTROL MEASURES 5.3.5 Access A stable access and maintenance shoulder with a minimum width of ten (10) feet measured from the top of bank shall be provided, sufficient to allow the periodic removal of sediment from the system. No landscaping zone shall be incorporated in the access/maintenance way. 5.3.6 Fencing Fencing for private facilities shall be at the option of the developer, and fencing shall not interfere with access or maintenance. 5.3.7 Flooding of Parking Areas The county discourages the flooding of parking areas for providing stormwater storage volume. With the written acknowledgment and acceptance of responsibility by the owner, this method may be used on private property. No more than 25% of the required parking may be flooded by three (3) inches or more during the 25-year, 24-hour storm. The stormwater system shall be designed to completely drain from the parking lot within one hour after the storm. 5.3.8 Dam Safety Requirement Dams constructed as part of stormwater facilities which are regulated by the N.C. Department of Energy, Mineral and Land Resources' Dam Safety Program, shall obtain a Dam Safety Permit, prior to the County Engineer's issuing a Stormwater Permit. 5.4 Infiltration/Retention SCM Design Procedures for Water Quantity Control Infiltration/retention SCMs are facilities designed to let stormwater move or infiltrate into the soil and include infiltration systems (basins or trenches), swales, and vegetative filter strips. The county encourages the use of innovative techniques and designs which will help reduce the amount of stormwater runoff getting into drainage ways and streams. These facilities shall be designed for the runoff produced from the 2-, 10-, and 25-year, 24-hour storms and checked for the 100-year 24-hour storm. Detailed drawings, substantiating data, calculations, and specifications shall be submitted for designs of this nature as indicated in Chapter 2 of this Manual. The designer should refer to general design guidance and guidance elements related to water quantity control features for infiltration/retention SCMs in the NCDEQ Stormwater Design Manual. Sections 5.4.1 through 5.4.5 identify additional minimum requirements for these types of SCMs for application in New Hanover County. 5.4.1 Subsurface Information The minimum distance between the bottom of the infiltration system and the surface of the seasonal high ground water table (SHWT) shall be two (2) feet. Soil types and infiltration rates shall be determined to size the infiltration area and assess the feasibility of this type of infiltration system. S E P T E M B E R 2022 5-7 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 55 NEW HANOVER COUNTY STORMWATER DESIGN MANUAL CHAPTER 5 — STORMWATER CONTROL MEASURES The infiltration rates shall be determined by standard infiltration tests performed by a qualified registered professional within 5 years of issuance of the stormwater permit. A minimum of two soil test holes per 20,000 square feet of infiltration surface area and one for each additional 10,000 SF are required. The initial test elevation location shall be at the same contour elevation as the bottom/invert of the infiltration SCM. Infiltration and retention SCMs shall be designed based on actual test data. Tests shall be consistent as to soil conditions, proposed SCM elevations, locations, and water table depths for the proposed infiltration SCM system. This information shall be submitted as part of the stormwater permit application package referenced in Chapter 2 of this Manual. Additional guidance on subsurface testing can be found in the NCDEQ Stormwater Design Manual. Part A-2. Soils. 5.4.2 Storage Capacity Infiltration systems intended for water quantity control in New Hanover County shall be designed to provide storage equivalent to the runoff volume from the 25-year storm. Infiltration systems may also be used in combination with other systems which allow the pre -developed runoff rate to leave the site. Runoff is temporarily stored and exits the system through infiltration into the subsoil. Runoff in excess of the design volume exits the system via an emergency overflow berm. The minimum surface area for the infiltration volume shall be calculated using Equation 2, Minimum Surface Area for an Infiltration System in Part C.I. of the NCDEQ Stormwater Design Manual. That equation uses the drawdown time, the required design volume, and the field -determined soil infiltration rate, in combination with a Safety Factor of 2, to determine the minimum surface area for an infiltration system. 5.4.3 Overflow and Overflow Outlet Structure An emergency outlet or overflow device shall be designed for stormwater to be conveyed to an existing drainage way or structure (e.g., piped system, driveway, overland flow, etc.) and not damage property in the event of a system failure during the 100-year, 24-hour storm (i.e., stormwater will not infiltrate). A map showing the overflow path off the property may be required upon request. 5.4.4 Access Adequate access shall be provided for inspection and maintenance of the system in the form of cleanouts, grit chambers, and inspection ports, etc. The designer shall consult NCDEQ Design Manual, Part C-1. Infiltration System for infiltration systems access requirements. 5.4.5 Media and Geotextiles The designer shall consult NCDEQ Design Manual, Part C-1. Infiltration System for design requirements related to infiltration trench media, geotextiles, and observation wells. SEPTEMBER 2022 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 56 NEW HANOVER COUNTY STORMWATER DESIGN MANUAL CHAPTER 5 — STORMWATER CONTROL MEASURES 5.5 Vegetation The designer shall consult the NCDEQ Stormwater Design Manual, Part A-3, Vegetation to determine vegetation requirements and appropriate plant selection guidance for individual detention and infiltration (retention) SCMs. The designer shall also consult with the New Hanover County Planning and Land Use Department regarding standards for landscaping and vegetated buffers such as selection, spacing, location, and planting requirements of all grasses and plants to be incorporated into the system. Plants and trees shall not be placed where they will interfere with access or maintenance operations of the SCM. 5.6 Downstream Assessment Analysis When detention and infiltration/retention SCMs are designed to control water quantity from a development, the peak flow from the site may be reduced appropriately. However, changes to the flow timing and longer duration of flows due to the increased volume of runoff must be considered to determine if the SCM may increase the peak discharge downstream. To ensure that SCMs maintain the pre -development peak flows and do not cause adverse effects on downstream public or private properties, the County Engineer may require the submittal of a downstream stormwater impact analysis and additional stormwater control measures if necessary. The stormwater impact analysis will consist of a hydrologic analysis of the 2-, 10-, 25-, and 100-year, 24- hour storm events to evaluate downstream conditions and include design recommendations for improvements to maintain adequate stormwater systems. The analysis shall extend downstream to a point of concern as directed by the county as follows: • Where development is < 10% of total drainage area to that point. • The next downstream facility (i.e., NCDOT culvert or natural waterbody). • Location of documented flooding, drainage, or erosion problems. • Another point as directed by New Hanover County. The downstream analysis, which includes the assumptions, results, and supporting calculations to show safe passage of post -development design flows downstream, shall address each and every point or area along the project site's boundaries at which runoff will exit the property. The analysis shall focus on the portion of the drainage channel or watercourse immediately downstream from all exit points of the project property and include consideration of all public and private properties along the receiving stream to the point of concern. In calculating runoff volumes and discharge rates, consideration may need to be given to any planned future upstream land use changes. Downstream analysis may show that additional and/or more stringent controls are needed to effectively prevent any adverse downstream impacts. If existing downstream conveyances do not have the capacity to adequately convey the pre - development 25-year, 24-hour storm event, the county will consider the following options: • Revise the design criteria (i.e., design SCM for a more infrequent storm event or reduce the release rate of the 25-year storm event to the capacity of the existing downstream conveyance system). S E P T E M B E R 2022 5-9 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 57 NEW HANOVER COUNTY STORMWATER DESIGN MANUAL CHAPTER 5 — STORMWATER CONTROL MEASURES • Provide a design to increase the capacity of the downstream conveyance system to the required level of service for County Stormwater Services to implement as a capital project. The designer shall consult with New Hanover County as early as possible in the project development process to determine the best option. Conceptual drawings and substantiating data with calculations shall be submitted for a downstream assessment as indicated in Chapter 2 of this Manual. 5.7 References Federal Highway Administration. (April 2012). Hydraulic Design of Highway Culverts (HEC No. 5, Third ed.). U.S. Department of Transportation. Retrieved February 23, 2022, from https://www.fhwa.dot.gov/engineering/hydraulics/pubs/12026/hifl2O26.pdf Natural Resources Conservation Service. (April 2014). National Engineering Handbook, Part 630 Hydrology, Chapter 17 - Flood Routing. United States Department of Agriculture. Retrieved May 25, 2022, from https://directives.sc.egov.usda.gov/OpenNonWebContent.aspx?content=35555.wba Natural Resources Conservation Service. (June 1986). Urban Hydrology forSmall Watersheds, Technical Release 55 (Second Edition, Revised ed.). US Department of Agriculture. Retrieved February 10, 2022, from https://www.nres.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044171.pdf Natural Resources Conservation Service. (March 2007). National Engineering Handbook, Part 630 Hydrology, Chapter 16 - Hydrographs. United States Department of Agriculture. Retrieved May 24, 2022, from https://directives.sc.egov.usda.gov/OpenNonWebContent.aspx?content=17755.wba SEPTEMBER 2022 5-10 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 58 New Hanover County Stormwater Design Manual 6 LONG-TERM OPERATION AND MAINTENANCE Contents 6 LONG-TERM OPERATION AND MAINTENANCE..........................................................................6-1 6.1 Long -Term Operation and Maintenance Responsibility............................................................6-3 6.1.1 Acceptable Entities............................................................................................................6-3 6.1.2 Required Powers of POAs or Similar Legal Entities............................................................6-3 6.1.3 Claims of Maintenance......................................................................................................6-4 6.1.4 Phasing Development........................................................................................................6-4 6.2 Transfer of Ownership of Permitted Stormwater Systems.......................................................6-4 6.2.1 Stormwater Systems Within Common Areas of Development.........................................6-4 6.2.2 Stormwater Systems Outside Common Areas of Development........................................6-5 6.3 Transfer of Stormwater Conveyance Maintenance to New Hanover County ...........................6-5 6.3.1 Eligibility Criteria for New Hanover County Acceptance...................................................6-5 6.3.2 Requirements for New Hanover County Acceptance........................................................6-6 6.4 Operation and Maintenance Requirements..............................................................................6-6 6.4.1 Water Quantity Conveyances and SCMs...........................................................................6-6 6.4.2 Water Quality SCMs...........................................................................................................6-7 SEPTEMBER 2022 6-1 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 59 NEW HANOVER COUNTY STORMWATER DESIGN MANUAL CHAPTER 6 — LONG-TERM OPERATION AND MAINTENANCE Tables 6-1. Acceptable Entities to be Responsible for Operation and Maintenance......................................6-3 6-2. Criteria that Disqualify a Property or Conveyance System for New Hanover County Acceptance of Maintenance Responsibility................................................................................................................6-6 SEPTEMBER 2022 6-2 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 60 NEW HANOVER COUNTY STORMWATER DESIGN MANUAL CHAPTER 6 — LONG-TERM OPERATION AND MAINTENANCE 6.1 Long -Term Operation and Maintenance Responsibility The stormwater permit holder is responsible for the long-term operation and maintenance of all components of the permitted stormwater system. For a stormwater system to work properly at all times, it will be necessary to maintain all elements of the system. A system includes all stormwater conveyances such as open channels and ditches, catch basins, and pipes, and all Stormwater Control Measures (SCMs). If repairs are needed to any component of the system, the stormwater permit holder as indicated on the permit, or as ascertained from the county tax record or other public documents that the county personnel may choose to examine, shall be responsible for making the repairs. 6.1.1 Acceptable Entities Entities acceptable to be responsible for the operation and maintenance of permitted stormwater systems in New Hanover County are shown in Table. Table 6-1. Acceptable Entities to be Responsible for Operation and Maintenance Governmental Units If the entity is a governmental unit or private corporation, written proof shall and Private be supplied in an appropriate form stating that the entity will operate and Corporations maintain the stormwater system. Property Owner A Property Owners' Association (POA) or similar legal entity established for a Association subdivision containing private streets and drainage systems shall establish the required powers as indicated in Section 6.1.2. Property The property owner shall supply evidence acceptable to the County Attorney Owner that they will operate and maintain the permitted stormwater system. 6.1.2 Required Powers of POAs or Similar Legal Entities The POA or similar legal entity's covenants, conditions, and restrictions shall specify lot or unit owners' responsibilities for the operation and maintenance of all components of the permitted stormwater system and shall provide for assessments to finance these and other required maintenance activities. These entities shall be responsible for continuing upkeep and proper operation and maintenance of all private stormwater system facilities and common areas within the respective subdivision. In addition, POAs shall be established in such a manner that: 1. Provision for the establishment of the association or similar entity shall be made before any lot in the development is sold or any building occupied. 2. Membership is mandatory for each property owner within the subdivision. 3. The POA is responsible for liability insurance, local taxes, and maintenance of the areas. 4. Any sums levied by the association that remain unpaid become a lien on the individual property owner's property. 5. If all or any portion of the property held by the POA within which the stormwater system falls is being disposed of, or if the POA is dissolved, the POA must transfer the stormwater permit SEPTEMBER 2022 6-3 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 61 NEW HANOVER COUNTY STORMWATER DESIGN MANUAL CHAPTER 6 — LONG-TERM OPERATION AND MAINTENANCE for that portion of the stormwater system to another entity to be responsible for operation and maintenance per Section 6.2 - Transfer of Ownership of Permitted Stormwater Systems of this Stormwater Design Manual. 6. The right of use of the passive and active recreation or open space and all private improvements is guaranteed to each subdivision resident. 7. The declaration of covenants and restrictions that govern the association is submitted for review by the County Attorney and recorded prior to recording any final plat for the subdivision, and reference to the deed age provided on the plat. 8. If the development will be constructed in phases or added to in the future; the POA shall be created with the ability to accept future phases into the POA to ensure the continued operation and maintenance of the stormwater system for the development. 6.1.3 Claims of Maintenance The Articles of Incorporation, Declaration of Protective Covenants, Deed Restrictions, Declaration of Unit Ownership of By-laws shall set forth the following: 1. It is the responsibility of the established acceptable entity to operate and maintain that portion of the stormwater system not maintained by NCDOT or New Hanover County. A description specifying the areas of responsibility shall be included. These areas shall also be indicated on the subdivision plat or the site plan on non -subdivision projects. 2. A maintenance plan with schedules and work generally following the minimum guidelines provided in this Chapter. 3. A statement that those areas to be maintained by the established acceptable entity are owned by the established acceptable entity or that they are common areas or common property. 4. The method of assessment and collection for operation and maintenance costs of the stormwater system. 6.1.4 Phasing Development If a property owner's association or association of unit owners• is proposed for a development that will be constructed in phases or that will be added to in the future; the organization shall be created with the ability to accept future phases into the organization to ensure the continued operation and maintenance of the stormwater system for the development. 6.2 Transfer of Ownership of Permitted Stormwater Systems 6.2.1 Stormwater Systems Within Common Areas of Development Ownership of stormwater systems falling within the common areas of a development shall not be transferred without the written authorization of New Hanover County. The application form to transfer ownership may be obtained from New Hanover County Engineering Department or available on the New Hanover County Engineering Department website. The application fee for requesting authorization to change ownership shall be based on a fee schedule approved by the County Board of Commissioners, available on the New Hanover County Engineering Department website. SEPTEMBER 2022 6-4 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 62 NEW HANOVER COUNTY STORMWATER DESIGN MANUAL CHAPTER 6 — LONG-TERM OPERATION AND MAINTENANCE 6.2.2 Stormwater Systems Outside Common Areas of Development Ownership of stormwater systems including but not limited to grassed swales, ditches, and water - carrying devices that fall outside the common areas of development but within the deeded areas of an individual parcel or home site, shall not be transferred with the passing of a general warranty deed without the written authorization of New Hanover County. The deed restrictions are to state that the permit holder will continue to operate and maintain the Stormwater system in accordance with the conditions, obligations, and duties of the Stormwater Permit and the ordinance from which this Chapter is derived. Acceptance of the general warranty deed shall be a certification that the proposed owner(s) will continue to operate and maintain the stormwater system in accordance with the conditions, obligations, and duties of the Stormwater Permit and the ordinance from which this Chapter is derived. 6.3 Transfer of Stormwater Conveyance Maintenance to New Hanover County New Hanover County will conduct certain maintenance activities for qualifying drainage systems in the unincorporated portions of the county to maintain proper flow and conveyance of stormwater runoff within the drainage system for the purpose of protecting water quality, reducing the threat of structural flooding, the protection of public safety, and to maintain stormwater infrastructure for public purposes. New Hanover County will provide limited maintenance for some portions of privately constructed stormwater conveyance systems on private property in accordance with the eligibility criteria and requirements for county acceptance identified in Sections 6.3.1 and 6.3.2 below. Maintenance activities may be limited for intermittent and perennial streams, wetlands, and other drainage features subject to State or Federal jurisdiction, including but not limited to Coastal Area Management Act (CAMA), Clean Water Act (CWA) 404, and 401 permitting. 6.3.1 Eligibility Criteria for New Hanover County Acceptance New Hanover County will accept dedication for maintenance responsibility, privately constructed Stormwater conveyance systems meeting the following eligibility criteria: 1. Property must be located within an unincorporated portion of New Hanover County. 2. Stormwater conveyance systems must convey runoff from offsite drainage areas, more than one property through other properties located within the unincorporated portion of New Hanover County and consist of a pipe system or well-defined channel. 3. All bridges and culverts with spans that meet criteria to be classified as a bridge by NCDOT and/or AASHTO may be maintained by New Hanover County for vegetation management and debris only. Structural integrity and replacement of said structures will be the responsibility of the party(ies) that own the road system associated with the bridge or culvert. Language should be included in any new developments' covenants and restrictions to this affect for private road systems and driveways. S E P T E M B E R 2022 6-5 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 63 NEW HANOVER COUNTY STORMWATER DESIGN MANUAL CHAPTER 6 — LONG-TERM OPERATION AND MAINTENANCE 4. Roadway culverts with diameters in excess of 48" may be maintained by New Hanover County for vegetation management and debris only. Structural integrity and replacement of said structures will be the responsibility of the party(ies) that own the road system associated with the culvert. Language should be included in any new developments' covenants and restrictions to this affect for private road systems and driveways. Table describes types of property or conveyance systems that are not eligible for the county to accept maintenance responsibility. Table 6-2. Criteria that Disqualify a Property or Conveyance System for New Hanover County Acceptance of Maintenance Responsibility Types of property or Conveyance systems internal to a single property, consisting of only sheet conveyance systems flow, or conveying only runoff between two properties. not eligible for county acceptance Properties owned (or operated) by state or federal governments, local municipalities, railroads, airports, and universities. Stormwater conveyance systems on private roads. Stormwater control measures (SCMs) or those portions of a drainage system managed by an SCM. Dams, lakes, ponds, or other impounded waters. 6.3.2 Requirements for New Hanover County Acceptance New Hanover County will accept the dedication of privately constructed eligible stormwater conveyance systems for maintenance responsibility if the following requirements are met: 1. Property owner or applicant must provide the county notification prior to start of construction of the stormwater conveyance systems and the opportunity to periodically observe and/or inspect construction activities, including but not limited to foundation stabilization, bedding placement, backfill placement, and compaction, and/or perform related tests to verify construction standards are being met. 2. Construction standards for all construction shall meet or exceed the applicable minimum requirements of NCDOT standards and details. 3. The property owner or applicant must provide New Hanover County adequate and perpetual access across their property at no cost to the county by appropriate easement or otherwise, for the purpose of performing required maintenance activities. 4. For any county -maintained stormwater system, permanent public drainage easements are required for maintenance. SEPTEMBER 2022 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 64 NEW HANOVER COUNTY STORMWATER DESIGN MANUAL CHAPTER 6 — LONG-TERM OPERATION AND MAINTENANCE 6.4 Operation and Maintenance Requirements 6.4.1 Water Quantity Conveyances and SCMs Maintenance for stormwater conveyances and SCMs constructed for water quantity control in New Hanover County shall be performed in accordance with the minimum requirements identified on New Hanover County's Stormwater Operation & Maintenance Plan and Agreement Form, which can be found on the county's website. This form and required submittals must be completed to specify the operation and maintenance schedule for the applicable site conveyance and SCM facilities and be signed by property owners and notarized. Completed forms shall be submitted to the county as part of Stormwater Management Plan approval as described in Chapter 2 of this Manual and shall be kept with other project documentation. 6.4.2 Water Quality SCMs Operation and maintenance requirements for SCMs designed and constructed to meet NCDEQ water quality requirements shall be performed in accordance with the NCDEQ Stormwater Design Manual. NCDEQ provides various guideline documents related to the operation and maintenance of water quality SCMs as follows: • General SCM Operation and Maintenance Guidelines Provided in Part A.7 of the NCDEQ Stormwater Design Manual at General Water Quality SCM O&M Guidelines. • Individual SCM Operation and Maintenance Guidelines Provided in Part C: Minimum Design Criteria and Recommendations for Stormwater Control Measures of the NCDEQ Stormwater Design Manual at Individual SCM O&M Guidelines. • O&M EZ Form (with water quality SCM Maintenance Agreement) Provided with the NCDEQ Stormwater Design Manual at 0&M EZ Form. • Inspection Forms for Selected Water Quality SCMs Provided on the NCDEQ Stormwater Design Manual's SCM Operation and Maintenance webpage at SCM Inspection Forms. Completed forms for water quality SCMs should be submitted to the NCDEQ Wilmington Regional Office for approval and should be kept with other project documentation. SEPTEMBER 2022 6-7 Board of Commissioners - October 3, 2022 ITEM: 10- 2 - 65 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 10/3/2022 Regular DEPARTMENT: Planning PRESENTER(S): Rachel LaCoe, Senior Planner CONTACT(S): Rachel LaCoe; Theo McClammy, Housing Program Manager; Rebekah Roth, Planning & Land Use Director SU BJ ECT: Presentation of Workforce Housing Services Program Recommendation for Funding Allocation BRIEF SUMMARY: The Planning & Land Use Department developed a framework for a Request for Proposals (RFP) for funding a Workforce Housing Services Program utilizing the $3 million allocated for affordable housing in the FY 2023 budget. This is the first year in a five-year commitment from the Board of Commissioners to invest $15 million toward workforce and affordable housing. The criteria and priorities were developed based on the findings of the Joint County/City Comprehensive Housing Study and Survey to create an immediate impact to New Hanover County residents. The framework was designed to address the community's housing needs by increasing the supply of residential units, retaining our existing affordable housing stock, and increasing residents' access to those homes. The RFP was issued July 18, 2022. A point -based criteria was established to evaluate the financial feasibility of the project, development quality of any construction projects, as well as the capacity and experience of the development team. In addition, programs/projects were prioritized for this initial round of funding based on their ability to break ground prior to July 2023, projects that propose the highest number of new units to increase the supply of affordable housing, a mixture of price -points, a period of affordability that exceeds 15 years, target AMI under 80%, and the acceptance of Housing Choice Vouchers. Six proposals were received by August 8, 2022 for a total of $6.3 million in funding requests for the construction and/or rehabilitation of 289 units of workforce and affordable housing in New Hanover County. A cross -functional team of New Hanover County Staff met on August 23rd to evaluate applications for eligibility and completeness. Following staff review of submittals, a sub -committee of the Workforce Housing Advisory Committee was provided a summary of the applications with staff recommendations. An executive summary is attached and the complete applications are available in the link below. Link to full applications East Carolina Community Development (ECCDI) and Terroir Development (TD) were ranked as the best -qualified proposals based upon scoring and priorities. These projects have been recommended for funding consideration of $1.5 million each, which would allocate the total $3 million available during this fiscal year. East Carolina Community Development, Inc. (ECCDI) has requested a $1,500,000 loan with 20-year amortization and term, at 2% interest rate, with payments based on cashflow after maintaining a 1.15 debt service coverage ratio, with a Board of Commissioners - October 3, 2022 ITEM: 11 balloon payment at the end of the loan term, for the construction of 68 units of affordable senior housing in Castle Hayne in conjunction with New Beginning Christian Church. Terroir Development, LLC (TD) has requested a $1,500,000 loan with 20-year amortization and term, at 2% interest rate, with debt service paid annually from available, net cash flow after the Financial Audit is approved by the Equity Investor for the construction Estrella Landing, an 84-unit affordable housing development on Gordon Road. Both projects have been awarded low-income housing tax credits from the North Carolina Housing Finance Agency (NCHFA) with secured equity and loan commitments from primary and secondary lenders. Securing the additional funding through the Workforce Housing Services Program would position both ECCDI and TD to reduce funding gaps resulting from shifting construction and lending costs to move swiftly to begin construction. ECCDI and TD have requested 20-year loans with 2% interest. Upon adoption of the resolution, staff will work with the developers to finalize the funding terms and agreements. STRATEGIC PLAN ALIGNMENT: • Intelligent Growth & Economic Development 0 Encourage development of complete communities in the unincorporated county ■ Ensure NHC has appropriate housing to support business growth RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resolution for funding allocations. ATTACHMENTS: Resolution for Funding WHSP Executive Summary COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4-0. Board of Commissioners - October 3, 2022 ITEM: 11 NEW HANOVER COUNTY BOARD OF COMMISSIONERS A RESOLUTION BY THE COUNTY OF NEW HANOVER APPROVING THE FUNDING ALLOCATIONS FOR THE FY 2023 WORKFORCE HOUSING SERVICES PROGRAM WHEREAS, the New Hanover County Board of Commissioners unanimously agreed to dedicate at least $15 million from the county's existing revenues over the next five years for programs and initiatives that increase and improve the stock of affordable homes in New Hanover County, and increase residents' access to affordable housing opportunities; and WHEREAS, the Planning and Land Use Department developed a framework for a Request for Proposals (RFP) for funding a Workforce Housing Services Program utilizing the $3 million allocated for affordable housing in the FY 2023 budget; and WHEREAS, the criteria and priorities were developed based on the findings of the Joint County/City Comprehensive Housing Study and Survey to create an immediate impact to New Hanover County residents; and WHEREAS, six proposals were received by August 8, 2022 for a total of $6.3 million in funding requests for the construction and/or rehabilitation of 289 units of workforce and affordable housing in New Hanover County; and WHEREAS, a cross -functional team of New Hanover County Staff and a sub -committee of the Workforce Housing Advisory Committee ranked East Carolina Community Development Inc and Terroir Development as the best -qualified proposals based upon scoring and priorities. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners supports the allocation of funding to East Carolina Community Development Inc. and Terroir Development at an amount not to exceed $1,500,000 per project at an interest rate of up to 2% for up to 20 years. Furthermore, New Hanover County Board of Commissioners authorizes the County Manager and/or the County Attorney to take such measures as necessary to finalize the terms and conditions of the funding. ADOPTED this the 3rd day of October, 2022. NEW HANOVER COUNTY Julia Olson-Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - October 3, 2022 ITEM: 11- 1 - 1 Summary of Review & Recommendations The Planning & Land Use Department developed a framework for a Request for Proposals (RFP) for funding a Workforce Housing Services Program utilizing the $3 million allocated for affordable housing in the FY 2023 budget. This is the first year in a five-year commitment from the Board of Commissioners to invest $15 million towards in workforce and affordable housing. The criteria and priorities were developed based on the findings of the Joint County/City Comprehensive Housing Study and Survey to create an immediate impact to New Hanover County residents. The framework was designed to address the community's housing needs by increasing the supply of residential units, retaining our existing affordable housing stock, and increasing residents' access to those homes. The RFP was issued July 18, 2022. Overall, we received six proposals for a total of $6.3 million in funding requests for the construction and/or rehabilitation of 289 units of workforce and affordable housing in New Hanover County. A cross -functional team of New Hanover County staff reviewed the proposals for eligibility and completeness to prepare a summary and recommendations to a sub -committee of the Workforce Housing Advisory Committee (WHAC). Participants on the cross -functional team included Tufanna Bradley, Assistant County Manager, Eric Credle, Chief Financial Officer, Tonya Jackson, DSS Director, Rebekah Roth, Planning & Land Use Director, Jennifer Rigby, Chief Strategy Officer, Rachel LaCoe, Senior Long Range Planner, Theo McClammy, Housing Program Manager, Sarah Lipkin Sularz, Long Range Housing Planner, Kathryn Burket, Housing Program Coordinator, and Pamela Robbins, Housing Fiscal Support Specialist. Following the staff review of submittals, a sub -committee of the Workforce Housing Advisory Committee was provided a summary of the applications with staff recommendations. The sub- committee consisted of five members who did not have a conflict of interest. Members included Sarah Arthur, Liz Carbone, Katrina Knight, Frank Smith and Edwrin Sutton. East Carolina Community Development (ECCDI) and Terroir Development (TD) were ranked as the best -qualified proposals based upon scoring and priorities. These proposals have been recommended for funding consideration of $1.S million each, which would allocate the total $3 million available during this fiscal year. In addition, both projects were loan requests, so additional leverage is expected upon future repayments. Both developments have been awarded low-income housing tax credits from the North Carolina Housing Finance Agency (NCHFA) with secured equity and loan commitments from primary and secondary lenders. Securing the additional funding through the Workforce Housing Services Program would position both ECCDI and TD to reduce funding gaps resulting from a shifting construction and lending costs to move swiftly to begin construction. 1 Board of Commissioners - October 3, 2022 ITEM: 11- 2 - 1 Agency East Carolina Community Development Terroir Development Cape Fear Habitat WARM Cape Fear Collective Wilmington Realtors Foundation Tnta k Project Cost Proposal Total Request Recommended Request Units Per Unit Funding $15,389,634 $1,500,000 68 $22,058 $1,500,000 $18,233,226 $1,500,000 84 $17,857 $1,500,000 $4,593,323 $1,500,000 21 $71,426 $2,181,050 $502,000 60 $8,366 $300,000 $300,000 8 $37,500 $20,833 $11,655,400 $1,000,000 48 $52,352,633 $6,302,000 289 East Carolina Community Development East Carolina Community Development, Inc. (ECCDI) has requested a $1,500,000 loan with 20-year amortization and term, at 2% interest rate, with payments based on cashflow after maintaining a 1.15 debt service coverage ratio, with a balloon payment at the end of the loan term, for the construction of 68 units of affordable senior housing in Castle Hayne in conjunction with New Beginning Christian Church. All units are targeted and rented to households earning at or below 60% of the Area Median Income (AMI), with 17 units affordable at the 30% AMI level, 11 units affordable at the 50% AMI level, and 40 units affordable at the 60% AMI level. All units will be maintained as affordable under the Low- income Housing Tax Credits program guidelines for 30 years. ECCDI, a 501c3 nonprofit, is an affordable housing developer based in Beaufort, NC, with extensive development experience in the central and eastern regions of North Carolina. ECCDI has already secured zoning and site plan approval; the project has been awarded tax credits and holds commitments from lenders. ECCDI has identified its management partners and service providers and is ready to begin construction June 2023 with estimated completion June 2024. The proposal was reviewed for financial feasibility, development and management team, development quality and alignment with County housing goals. The WHSP request per household is $22,058 and $1.5 million is 9.7% of the total project cost of $15,389,634. The project appears ready for implementation upon award of funding. 2 Board of Commissioners - October 3, 2022 ITEM: 11- 2 - 2 Terroir Development Terroir Development, LLC (TD) has requested a $1,500,000 loan with 20-year amortization and term, at 2% interest rate, with debt service paid annually from available, net cash flow after the Financial Audit is approved by the Equity Investor for the construction Estrella Landing, an 84 unit affordable housing development on Gordon Road. All units will be rented to households earning at or below 80% of the AMI and will acceptance Housing Choice Vouchers with 21 units affordable at the 30% AMI level and 63 units affordable at the 60% AMI. All units will be maintained as affordable under the Low-income Housing Tax Credits program guidelines for 30 years. Terroir Development, LLC, is the Managing Member of Estrella Landing Apartments, LLC. Management Holding, Inc., will be the Property Management Firm of Estrella Landing. Norco provides property management services to the 26 affordable housing communities through various development entities. The design provides handicap accessibility to all buildings and amenities within the site. A total of 10 units will be accessible for mobility and audio/visually impaired residents. The remaining ground floor units will be adaptable. TD has already secured zoning and site plan approval; the project has been awarded tax credits and holds commitments from lenders. TD has identified its management partners and service providers and is ready to begin construction March 2023 with estimated completion December 2024. The proposal was reviewed for financial feasibility, development and management team, development quality and alignment with County housing goals. The WHSP request per household is $17,857 and $1.5 million is 8% of the total project cost of $18,233,226. Additional Considerations Cape Fear Habitat requested $1.5 million for the construction of 17 new affordable single-family units and rehabilitation of four existing residential units for sale through Habitat's homeownership program. The WHSP request per household is $71,426 and $1.5 million is 32.6% of the total project cost of $4,593,323. Although the proposal scored well, the cost per unit and percent of total project request was high. Staff also found 15 of the 21 properties had received County support of infrastructure in the form of a 2021 American Rescue Plan Grant of which $274,701 will be applied to this project and 2022 Non -County Agency Grant Funding of $50,000. Additionally, four of the lots were donated to Habitat through the County's property conveyance policy. WARM requested $502,000 for urgent, safety -related repairs at 60 single-family units over a two- year period. These properties would be owner -occupied and located throughout the County. The WHSP request per household is $8,366 and $502,000 is 23% of the total project cost of $2,181,050. The sub -committee suggested more information is needed about WARM's period of affordability after repairs are made prior to consideration of funding. 3 Board of Commissioners - October 3, 2022 ITEM: 11- 2 - 3 Consideration of full or partial funding was not recommended at this time for Wilmington Realtors Foundation proposal for Pierson Pointe. The sub -committee found the 80-120% AMI range for the project contrasted with the WHSP priority of increasing access to residents 80% AMI or less. Additionally, the $250K unit cost lessened the likelihood of short-term and long-term affordability for moderate income households. The WHSP request per household is $20,833 and $1 million is 8.5% of the total project cost of $11,655,400. It was recommended that future consideration is conditional on aligning and strengthening the AMI criteria to WHSP goals and advancing the shovel ready nature of the project. Consideration of full or partial funding was not recommended at this time for Cape Fear Collective Renovation and Sale of Affordable Housing. CFC's request of $300,000 is intended to support the renovation and sale of properties in their current portfolio. The WHSP request per household is $37,500 but the total project cost was not submitted. It was recommended that future consideration is conditional on strengthening the project budget, scheduling, and site specifics to WHSP requirements. 4 Board of Commissioners - October 3, 2022 ITEM: 11- 2 - 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 10/3/2022 Regular DEPARTMENT: County Manager PRESENTER(S): Jim Morton, President Cape Fear Community College CONTACT(S): Lisa Wurtzbacher, Assistant County Manager and Eric Credle, Chief Financial Officer SU BJ ECT: Public Hearing and Consideration of Purchase of Property Located at 319 North Third Street for Cape Fear Community College BRIEF SUMMARY: On September 12, 2022, New Hanover County (County) received a letter from Cape Fear Community College (CFCC) requesting that the County consider the purchase of a piece of property at 319 North Third Street that consists of 1.92 acres, a 5-story 55,000 square foot building, and associated parking lots. This building would be used to expand the nursing program and expand other allied health programs. Like the rest of the nation, the County is experiencing nursing shortages. With an expansion to CFCC's nursing program, along with developing more allied health professionals, the purchase of this building is believed to be a positive step in the future health care of the County's citizens, as well as providing the private sector with talent to fill higher -wage jobs. The property is under contract with Cisco Ventures who will, upon approval of the Board of County Commissioners (Board), assign the contract to the County. The purchase price being offered in the contract is $11,875,000. Currently, due diligence tasks are being completed, including appraising and inspecting the property, completing an environmental phase I study, title search and reviewing the leases of current tenants in the building. After satisfactory completion of the due diligence tasks, the County would proceed to purchase the property. In addition to the purchase price, this building would require renovations to be converted into classroom and lab space for the nursing and allied health programs. The renovation costs are currently estimated to be approximately $14,800,000. These renovations are expected to take place in phases through fiscal year 2027. Both the acquisition cost of the property and the subsequent renovations are recommended to be financed with debt proceeds. It is also recommended that this project be established as a stand-alone capital project, which requires a capital project ordinance be adopted to budget the project costs. This fund will be named the CFCC Health Program Expansion Fund (CFCC Health Fund). Additionally, it is recommended that the Board affirm its intent that the County's general fund be reimbursed with proceeds from a debt issuance for any amounts expended before the debt is issued. Once more complete costs are developed as it relates to the renovation of the building, staff will inform the Board and will request approval of an update to the CFCC Health Fund ordinance to reflect the estimated costs of the renovation. STRATEGIC PLAN ALIGNMENT: • Superior Education & Workforce o Support the private sector's need for talent to fill higher -wage jobs Board of Commissioners - October 3, 2022 ITEM: 12 ■ Partner with businesses and education community to support talent pipeline development Superior Public Health & Safety Sustain the community capacity to prepare for and respond to public safety demands ■ Collaborate to optimize system -wide responses and outcomes RECOMMENDED MOTION AND REQUESTED ACTIONS: 1. Conduct public hearing. 2. Approve the CFCC Board of Trustees request to purchase the property upon satisfactory completion of all due diligence tasks. 3. Accept the contract to purchase the property for $11,875,000. 4. Adopt the Capital Project Ordinance included as an exhibit. 5. Affirm that it is the County's intent that the general fund be reimbursed with proceeds from a debt issuance for any amounts expended before the debt is issued. ATTACHMENTS: Exhibit A Script Exhibit B CFCC Board of Trustees Request Letter Exhibit C Purchase Contract Exhibits D Map, E Overhead View, and F Pictures Exhibit G Capital Project Ordinance COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Conduct public hearing. Recommend approval. COMMISSIONERS' ACTIONS: Approved 4-0. Board of Commissioners - October 3, 2022 ITEM: 12 SCRIPT FOR AGENDA ITEM October 3, 2022 The Board of County Commissioners has received a request from the Cape Fear Community College Board of Trustees to consider the purchase of property, which includes 1.92 acres of land bounded by N. Second Street, Grace Street, N. Third Street and Walnut Street in the City of Wilmington and a building consisting of 55,000 square feet more or less. The purchase price of the property will be $11,875,000. The Board of County Commissioners are required by North Carolina General Statute 153A-158.2 to hold a public hearing regarding purchase of property for a community college. The Board will now conduct that public hearing concerning the purchase of this property. 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? MOTION: SECOND: VOTE: Is there a motion to approve the purchase of the property subject to the successful completion of the outstanding due diligence tasks, authorize the County Manager to take such actions as necessary to complete this transaction upon completion of a successful due diligence process and adopt the capital project ordinance? Board of Commissioners - October 3, 2022 ITEM: 12- 1 - 1 CAPE -FEAR COMMUNITY COLLEGE September 12, 2022 New Hanover County Board of Commissioners 203 Government Center Dr, Ste 175 Wilmington., NC 28403 Dear New Hanover County Board of Commissioners, The Cape Fear Community College Board of Trustees would like to respectfully request the New Hanover County Commissioners acquire property with parcel numbers R04817-001-015-000, R04817-001-004-000, andR04817-001-012-000. The property and facilities would be used to expand the CFCC's nursing and allied health programs to address the growing needs of the community. Thank you for your consideration of this request and continued support of Cape Fear Community College. Sincerely, William S. Cherry, Board 7Cair Cape Fear Community College Ana li19aNi1Ella 994.1111NON I 411 North Frcnt sheet, Wilmington, NC 284C1-3910 0 910.362.7555 F: 910 362.7645 www.cfcc.edu oard of Commissioners - October 3, 2022 ITEM: 12- 2 - 1 DocuSign Envelope ID: 20704DC1-A7E3-4948-99AB-15708FOD35EC REALTORS' Commercial Alliance AGREEMENT FOR PURCHASE AND SALE 113 OF IMPROVED REAL PROPERTY 'iE4! TCP North Carolina Association of REALTORSo THIS AGREEMENT, including any and all addenda attached hereto ("Agreement'), is by and between Cisco Acquisitions, LLC a(n) North Carolina Limited Liability Company ('Buyer"), and (individual or State of formation and type of entity) Riverbend #1, LLC a(n) North Carolina Limited Liability Company ("Seller"). (individual or State of formation and type of entity) (NOTE: If the Buyer or Seller is an entity, in order to form a binding agreement and complete a transaction, the entities listed as Buyer or Seller in this Agreement should be validly formed and in good standing with the Secretary of State In the State of formation of the entity.) FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH HEREIN AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS: Section 1. Terms and Definitions: The terms listed below shall have the respective meaning given them as set forth adjacent to each term. (a) "Property": (Address) Plat Reference: Lot(s) Block or Section as shown on Plat Book or Slide 66 at Page(s) 200 New Hanover County, consisting of acres. ❑X If this box is checked, "Property" shall mean that property described on Exhibit A attached hereto and incorporated herewith by reference, (For information purposes: (i) the tax parcel number of the Property is: and, (ii) some or all of the Property, consisting of approximately acres, is described in Deed Book , Page No. County.) together with all buildings and improvements thereon and all fixtures and appurtenances thereto and all personal property, if any, itemized on Exhibit A. $ 11,875,000.00 (b) "Purchase Price" shall mean the sum of Eleven Million, Eight Hundred Seventy -Five Thousand Dollars, payable on the following terms: $ 50,000.00 (i) "Earnest Monev" shall mean Fifty Thousand Dollars or terms as follows: The Earnest Money shall be deposited in escrow with Chicago Title (name of person/entity with whom deposited- "Escrow Agent") within five (5) calendar days of the Contract Date, to be applied as part payment of the Purchase Price of the Property at Closing, or disbursed as agreed upon under the provisions of Section 10 herein. Should Buyer fail to deliver the Earnest Money by the date required hereunder, or should any check or other funds paid by Buyer be dishonored, for any reason, by the Page 1 of 9 This form jointly approved by: North Carolina Bar Association's Real Property Section nEALTos® North CarLinWPIAssociation of REALTORS®, Inc. Buyer Initi Seller Initials J�Cameron Manugcmcnt, 1nc., 12a Road Wilmington. NC 211401 Phone; 910.251.2324 Hill Rogen Produced with Lone Wolf Transactions (zlfform Edition) 717 N Harwood St, SuAe 2200. Dallas, TX 75201 STANDARD FORM 580-T Revised 7/2022 © 7/2022 Fax: 910.7612680 Rivcrbcad www.iwolf.com Board of Commissioners - October 3, 2022 ITEM: 12- 3 - 1 DocuSign Envelope ID: 20704DC1-A7E3-4948-99AB-15708FOD35EC S 11,825,000.00 the institution upon which the payment is drawn, Buyer shall have one (1) banking day after written notice of such dishonor to deliver cash, official bank check, wire transfer or electronic transfer to the Escrow Agent. If Buyer fails to deliver the required funds within one (1) banking day after written notice, then Seller may terminate this Agreement by written notice to Buyer at any time thereafter, provided Seller has not then received acknowledgement by Escrow Agent of its receipt of funds from Buyer. If the Escrow Agent has not delivered to the Seller the acknowledgement of Earnest Money on the last page of this Agreement by the calendar day following the date the Earnest Money is required to be delivered hereunder, it shall be presumed that the Earnest Money was not delivered by the required time (unless, upon the written request of Seller, Escrow Agent can provide proof of its receipt of the Earnest Money by the required time). Buyer and Seller consent to the disclosure by the Escrow Agent, to the parties to this Agreement, the Broker(s) and any Buyer lender, of any material facts pertaining to the Earnest Money. Q ANY EARNEST MONEY DEPOSITED BY BUYER IN A TRUST ACCOUNT MAY BE PLACED IN AN INTEREST BEARING TRUST ACCOUNT, AND: (check only ONE box) ANY INTEREST EARNED THEREON SHALL BE APPLIED AS PART PAYMENT OF THE PURCHASE PRICE OF THE PROPERTY AT CLOSING, OR DISBURSED AS AGREED UPON UNDER THE PROVISIONS OF SECTION 10 HEREIN. (Buyer's Taxpayer Identification Number is: ) ANY INTEREST EARNED THEREON SHALL BELONG TO THE ACCOUNT HOLDER IN CONSIDERATION OF THE EXPENSES INCURRED BY MAINTAINING SUCH ACCOUNT AND RECORDS ASSOCIATED THEREWITH. (ii) Delivery of a promisso , no secured by a deed of trust, said promissory note in the amount of Dollars being payable over a term of years, with an amortization period of years, payable in monthly installments of principal, together with accrued interest on the outstanding principal balance at the rate of percent ( %) per annum in the amount of $ with the rust principal payment beginning on the first day of the month next succeeding the date of Closing, or such other terms as may be set forth on Exhibit B. At any time, the promissory note may be prepaid in whole or in part without penalty and without further interest on the amounts prepaid from the date of such prepayment. (NOTE: In the event of Buyer's subsequent default upon a promissory note and deed of trust given hereunder, Seller's remedies may be limited to foreclosure of the Property. If the deed of trust given hereunder is subordinated to senior financing, the material terms of such financing trust be set forth on Exhibit B. If such senior financing is subsequently foreclosed, the Seller may have no remedy to recover under the note.) (iii) Cash, balance of Purchase Price, at Closing in the amount of Eleven Million, Eight Hundred Twenty -Five Thousand Dollars. Buyer, at Buyer's expense, shall be entitled to pursue qualification for and approval of any loan Buyer intends to obtain in connection with the transaction contemplated by this Agreement. (Note: Buyer's obligations under this Agreement are not conditioned upon obtaining or closing any loan. Therefore, Buyer is advised to consult with Buyer's lender prior to signing this offer to assure that the Examination Period allows sufficient time for Buyer's lender to provide Buyer sufficient information to decide whether to proceed with or terminate the transaction.) (c) "Closing" shall mean the date of completion of the process detailed in Section 11 of this Agreement. Closing shall occur on or before or Sixty (60) days from the expiration of the Examination Period (d) "Contract Date" means the date this Agreement has been fully executed by both Buyer and Seller. Ds Page 2 of 9 Buyer Initial Seller Initials ��"' STANDARD FORM 580-T Revised 7/2022 C 712022 Produced with Lone wolf Transactions (ApFarm Edition) 717 N Harwood St. Suite 2200. Dallas, TX 75201 www.lwolfcom Ri-6md Board of Commissioners - October 3, 2022 ITEM: 12- 3 - 2 DocuSign Envelope ID: 20704DC1 -A7E3-4948-99AB-1 5708FOD35EC (e) "Examination Period" shall mean the period beginning on the first day after the Contract Date and extending through 5:00pm (based upon time at the Iocale of the Property) on Ninety days after the Contract Date TIME IS OF THE ESSENCE AS TO THE EXAMINATION PERIOD, (1) "Broker(s)" shall mean: Cameron Management, Inc. ("Listing Agency"), Hill Rogers ("Listing Agent" - License # 219852 ) Acting as: Q Seller's Agent; ❑ Dual Agent and Cape Fear Commercial, LLC ("Selling Agency"), Hank Miller ("Selling Agent" - License # 138821 ) Acting as: X Buyer's Agent; Seller's (Sub) Agent; H Dual Agent (g) "Seller's Notice Address" shall be as follows: CIO Cameron Management 1201 Glen Meade Road, Wilmington, NC 28401 e-mail address: hill(aeameroneo.com fax number: (910)762-2680 except as same may be changed pursuant to Section 12. (h) 'Buyer's Notice Address" shall be as follows: C/O Cape Fear Commercial, LLC 102 Autumn Hall Drive, Suite 210, Wilmington, NC 28403 e-mail address: brian(7ucapefeareommercial.com fax number: (9I0)344-1020 except as same may be changed pursuant to Section 12. R (i) If this block is marked, additional terms of this Agreement are set forth on Exhibit B attached hereto and incorporated herein by reference. (Note: Under North Carolina law, real estate agents are not permitted to draft conditions or contingencies to this Agreement.) ❑ 0) If this block is marked, additional terms of this Agreement are set forth on the Additional Provisions Addendum (Form 581-T) attached hereto and incorporated herein by reference. ❑ (k) If this block is marked, additional terms of this Agreement are set forth on the Back Up Agreement Addendum (Form 581 A-T) attached hereto and incorporated herein by reference. Section 2. Sale of Property and Payment of Purchase Price: Seller agrees to sell and Buyer agrees to buy the Property for the Purchase Price. Section 3. Proration of Expenses and Payment of Costs: Seller and Buyer agree that all property taxes (on a calendar year basis), leases, rents, mortgage payments and utilities or any other assumed liabilities as detailed on attached Exhibit B, and/or Exhibit C, as applicable, if any, shall be prorated as of the date of Closing. Seller shall pay for preparation of a deed and all other documents necessary to perform Seller's obligations under this Agreement, excise tax (revenue stamps), any deferred or rollback taxes, and other conveyance fees or taxes required by law, any fees required for confirming Seller's account payment information on owners' association dues or assessments for payment or proration; any fees imposed by an owners' association and/or a management company as agent of the owners' association in connection with the transaction contemplated by this Agreement other than those fees required to be paid by Buyer in this Section 3 below, and the following: N/A. Buyer shall pay recording costs, costs of any title search, title insurance, survey, the cost of any inspections or investigations undertaken by Buyer under this Agreement, charges required by an owners' association declaration to be paid by Buyer for Buyers future use and enjoyment of the Property, including, without limitation, working capital contributions, membership fees, or charges for Buyer's use of the common elements and/or services provided to Buyer, any costs or charges for determining restrictive covenant compliance, and the following: N/A. Each party shall pay its own attorney's fees. aS Page 3 of 9 Buyer Initial Seller Initials _JV__ STANDARD FORM 580-T Revised 7/2022 c0 7/2022 Produced with Lone Wolf Transactions (zipForm Sdition} 717 N Harwood S1, Suite 2200. Dallas, TX 75201 www.lwdf cam RI—b-d Board of Commissioners - October 3, 2022 ITEM: 12- 3 - 3 DocuSign Envelope ID: 20704DC1-A7E3-4948-99AB-15708FOD35EC Section 4. Deliveries: Seller agrees to use best efforts to deliver to Buyer, as soon as reasonably possible after the Contract Date, copies of all material information relevant to the Property in the possession of Seller, including but not limited to: title insurance policies (and copies of any documents referenced therein), surveys, soil test reports, environmental surveys or reports, site plans, civil drawings, building plans, maintenance records and copies of all presently effective warranties or service contracts related to the Property. Seller authorizes (1) any attorney presently or previously representing Seller to release and disclose any title insurance policy in such attorney's file to Buyer and both Buyer's and Seller's agents and attorneys; and (2) the Property's title insurer or its agent to release and disclose all materials in the Property's title insurer's (or title insurer's agent's) file to Buyer and both Buyer's and Seller's agents and attorneys. If Buyer does not consummate the Closing for any reason other than Seller default, then Buyer shall return to Seller all hard copy materials delivered by Seller to Buyer pursuant to this Section 4 (or Section 7, if applicable), if any, and shall, upon Seller's request, following release of the Earnest Money, provide to Seiler copies of (subject to the ownership and copyright interests of the preparer thereof) any and all studies, reports, surveys and other information relating directly to the Property prepared by or at the request of Buyer, its employees and agents, without any warranty or representation by Buyer as to the contents, accuracy or correctness thereof. Notwithstanding the above provisions regarding delivery and return of information and documentation, should there exist a separate non -disclosure, confidentiality, or similar agreement between Buyer and Seller, the terms of which conflict with this provision insofar as delivery and return of information and documentation, then the terms of such non -disclosure, confidentiality, or similar agreement shall control as to the delivery and return of information and documentation. Section 5. Evidence of Title: Seller agrees to convey fee simple insurable title to the Property without exception for mechanics' liens, free and clear of all liens, encumbrances and defects of title other than: (a) zoning ordinances affecting the Property, (b) Leases (as defined in Section 7, if applicable) and (c) specific instruments on the public record at the Contract Date agreed to by Buyer (not objected to by Buyer prior to the end of the Examination Period), which specific instruments shall be enumerated in the deed referenced in Section I 1 (items 5(a), 5(b) and 5(c) being collectively "Permitted Exceptions"); provided that Seller shall be required to satisfy, at or prior to Closing, any encumbrances that may be satisfied by the payment of a fixed sum of money, such as deeds of trust, mortgages or statutory liens. Seller shall not enter into or record any instrument that affects the Property (or any personal property listed on Exhibit A) after the Contract Date without the prior written consent of Buyer, which consent shall not be unreasonably withheld, conditioned or delayed. Section 6. Conditions: This Agreement and the rights and obligations of the parties under this Agreement are hereby made expressly conditioned upon fulfillment (or waiver by Buyer, whether explicit or implied) of the following conditions: (a) Title Examination: After the Contract Date, Buyer shall, at Buyer's expense, cause a title examination to be made of the Property before the end of the Examination Period. In the event that such title examination shall show that Seller's title is not fee simple insurable, subject only to Permitted Exceptions, then Buyer shall promptly notify Seller in writing of all such title defects and exceptions, in no case later than the end of the Examination Period, and Seller shall have thirty (30) days to cure said noticed defects. If Seller does not cure the defects or objections within thirty (30) days of notice thereof, then Buyer may terminate this Agreement and receive a return of Earnest Money (notwithstanding that the Examination Period may have expired). If Buyer is to purchase title insurance, the insuring company must be licensed to do business in the state in which the Property is located. Title to the Property must be insurable at regular rates, subject only to standard exceptions and Permitted Exceptions. (b) Same Condition: If the Property is not in substantially the same condition at Closing as of the date of the offer, reasonable wear and tear excepted, then the Buyer may (i) terminate this Agreement and receive a return of the Earnest Money or (ii) proceed to Closing whereupon Buyer shall be entitled to receive, in addition to the Property, any of the Seller's insurance proceeds payable on account of the damage or destruction applicable to the Property. (c) Inspections: Buyer, its agents or representatives, at Buyer's expense and at reasonable times during normal business hours, shall have the right to enter upon the Property for the purpose of inspecting, examining, conducting timber cruises, and surveying the Property; provided, however, that Buyer shall not conduct any invasive testing of any nature without the prior express written approval of Seller as to each specific invasive test intended to be conducted by Buyer. Buyer shall conduct all such on -site inspections, examinations, testing, timber cruises and surveying of the Property in a good and workmanlike manner, at Buyer's expense, shall repair any damage to the Property caused by Buyer's entry and on -site inspections and shall conduct same in a manner that does not unreasonably interfere with Seller's or any tenant's use and enjoyment of the Property. In that respect, Buyer shall make reasonable efforts to undertake on -site inspections outside of the hours Seller's or any tenant's business is open to the public. Buyer shall provide Seller or any tenant (as applicable) reasonable advance notice of and Buyer shall cause its agents or representatives and third party service providers (e.g. inspectors, surveyors, etc.) to give reasonable advance notice of any entry onto the Property, Buyer shall be obligated to observe and comply with any terms of any tenant lease which conditions access to such tenant's space at the Property. Upon Seller's request, Buyer shall provide to Seller evidence of general liability insurance. Buyer shall also have a right to os Page 4 of 9 Buyer Initia s �9 Seller Initials STANDARD FORM 580-T Revised 7/2022 O 7/2022 Produced with Lone WoN Transactions (ZipForrn Edition) 717 N Harwood St, Suite 2200, Was, TX 75201 www.iwolf corn Rive,band Board of Commissioners - October 3, 2022 ITEM: 12- 3 - 4 DocuSign Envelope iD: 20704DC1-A7E3-4948-99AS-15708FOD35EC review and inspect all contracts or other agreements affecting or related directly to the Property and shall be entitled to review such books and records of Seller that relate directly to the operation and maintenance of the Property, provided, however, that Buyer shall not disclose any information regarding this Property (or any tenant therein) unless required by law, and the same shall be regarded as confidential, to any person, except to its attorneys, accountants, lenders and other professional advisors, in which case Buyer shall obtain their agreement to maintain such confidentiality. Buyer assumes ail responsibility for the acts of itself and its agents or representatives in exercising its rights under this Section 6(c) and agrees to indemnify and hold Seller harmless from any damages resulting therefrom. This indemnification obligation of Buyer shall survive the Closing or earlier termination of this Agreement. Except as provided in Section 6(b) above, Buyer shall have from the Contract Date through the end of the Examination Period to perform the above inspections, examinations and testing. IF BUYER CHOOSES NOT TO PURCHASE THE PROPERTY, FOR ANY REASON OR NO REASON, AND PROVIDES WRITTEN NOTICE TO SELLER THEREOF PRIOR TO THE EXPIRATION OF THE EXAMINATION PERIOD, THEN THIS AGREEMENT SHALL TERMINATE, AND BUYER SHALL RECEIVE A RETURN OF THE EARNEST MONEY. Section 7. Leases (Check one of the following, as applicable): ❑ If this box is checked, Seller affirmatively represents and warrants that there are no Leases (as hereinafter defined) affecting the Property. ❑X If this box is checked, Seller discloses that there are one or more leases affecting the Property ("Leases") and the following provisions are hereby made a part of this Agreement. (a) A list of all Leases shall be set forth on Exhibit C. Seller represents and warrants, that as of the Contract Date, there are no other Leases, oral or written, recorded or not, nor any subleases affecting the Property, except as set forth on Exhibit C; (b) Seller shall deliver copies of any Leases to Buyer pursuant to Section 4 as if the Leases were listed therein; (e) Seller represents and warrants that as of the Contract Date, there are no current defaults (or any existing situation which, with the passage of time, or the giving of notice, or both, or at the election of either landlord or tenant could constitute a default) either by Seller, as landlord, or by any tenant under any Lease ("Lease Default"), In the event there is any Lease Default as of the Contract Date, Seller agrees to provide Buyer with a detailed description of the situation in accordance with Section 4. Seller agrees not to commit a Lease Default as Landlord after the Contract Date; and agrees further to notify Buyer immediately in the event a Lease Default arises or is claimed, asserted or threatened to be asserted by either Seller or a tenant under the Lease. (d) In addition to the conditions provided in Section 6 of this Agreement, this Agreement and the rights and obligations of the parties under this Agreement are hereby made expressly conditioned upon the assignment of Seller's interest in any Lease to Buyer in form and content acceptable to Buyer (with tenant's written consent and acknowledgement, if required under the Lease). Seller agrees to deliver an assignment of any Lease at or before Closing, with any security deposits held by Seller under any Leases to be transferred or credited to Buyer at or before Closing. The assignment shall provide: (i) that Seller shall defend, indemnify and hold Buyer harmless from claims, losses, damages and liabilities (including, without limitation, court costs and attomeys' fees) asserted against or incurred by Buyer which are caused by or the result of any default by Seller under any Lease prior to the date of Closing, and (ii) that Buyer shall defend, indemnify and hold Seller harmless from claims, losses, damages and liabilities (including, without limitation, court costs and attorneys' fees) asserted against or incurred by Seller which are caused by or the result of any default by Buyer under any Lease after the date of Closing. (e) Seller also agrees to work diligently to obtain any tenant signatures on any estoppel certificates in such form as Buyer may reasonably request and to work diligently to obtain any subordination, nondisturbance and attomment agreements in such form as Buyer may reasonably request. Section 8. Environmental: Setler represents and warrants that it has no actual knowledge of the presence or disposal, except as in accordance with applicable law, within the buildings or on the Property of hazardous or toxic waste or substances, which are defined as those substances, materials, and wastes, including, but not limited to: those substances, materials and wastes listed in the United States Department of Transportation Hazardous Materials Table (49 CFR Part 172.101) or by the Environmental Protection Agency as hazardous substances (40 CFR Part 302.4) and amendments thereto, or such substances, materials and wastes, which are or become regulated under any applicable local, state or federal law, including, without limitation, any material, waste or substance which is (i) petroleum, (ii) asbestos, (iii) polychlorinated biphenyls, (iv) designated as a Hazardous Substance pursuant to Section 311 of the Clean Water Act of 1977 (33 U.S.C. § 1321) or listed pursuant to Section 307 of the Clean Water Act of 1977 (33 U.S.C. § 1317), (v) defined as a hazardous waste pursuant to Section 1004 of the Resource Conservation and Recovery Act of 1976 (42 U.S.C. §6903) or (vi) defined as a hazardous substance pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Ds Page 5 of 9 Buyer Initial • ble Seller Initials STANDARD FORM 580 T Revised 712022 © 7l2022 Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www1w0if.com Riverbend Board of Commissioners - October 3, 2022 ITEM: 12- 3 - 5 DocuSign Envelope ID: 207D4DC1-A7E3-494B-99AB-15708FOD35EC Liability Act of 1980 (42 U.S.C. §9601). Seller has no actual knowledge of any contamination of the Property from such substances as may have been disposed of or stored on neighboring tracts. Section 9. Risk of Loss/Damage/Repair: Until Closing, the risk of loss or damage to the Property, except as otherwise provided herein, shall be borne by Seller. Except as to maintaining the Property in its same condition, Seller shall have no responsibility for the repair of the Property, including any improvements, unless the parties hereto agree in writing. Section 10. Earnest Money Disbursement: In the event that any condition hereto is not satisfied, then the Earnest Money shall be refunded to Buyer. In the event of breach of this Agreement by Seller, the Earnest Money shall be refunded to Buyer upon Buyer's request, but such return shall not affect any other remedies available to Buyer for such breach. In the event of breach of this Agreement by Buyer, the Earnest Money shall be paid to Seller as liquidated damages and as Seller's sole and exclusive remedy For such breach, but without limiting Seller's rights under Section 6(c) or Section 22 of this Agreement. It is acknowledged by the parties that payment of the Earnest Money to Seller in the event of a breach of this Agreement by Buyer is compensatory and not punitive, such amount being a reasonable estimation of the actual loss that Seller would incur as a result of such breach. The payment of the Earnest Money to Seller shall not constitute a penalty or forfeiture but actual compensation for Seller's anticipated loss, both parties acknowledging the difficulty determining Seller's actual damages for such breach. NOTE: In the event of a dispute between Seller and Buyer over the disposition of the Earnest Money held in escrow, a licensed real estate broker is required by state law (and Escrow Agent, if not a broker, hereby agrees) to retain the Earnest Money in the Escrow Agent's trust or escrow account until Escrow Agent has obtained a written release from the parties consenting to its disposition or until disbursement is ordered by a court of competent jurisdiction. Alternatively, if a broker or an attorney licensed to practice law in North Carolina is holding the Earnest Money, the broker or attorney may deposit the disputed monies with the appropriate clerk of court in accordance with the provisions of N.C.G.S. §93A- 12. Seller and Buyer hereby agree and acknowledge that the Escrow Agent assumes no liability in connection with the holding of the Earnest Money pursuant bereto except for negligence or willful misconduct of Escrow Agent. Escrow Agent shall not be responsible for the validity, correctness or genuineness of any document or notice referred to under this Agreement. Seller and Buyer hereby agree to indemnify, protect, save and hold harmless Escrow Agent and its successors, assigns and agents pursuant to this Agreement, from any and all liabilities, obligations, losses, damages, claims, actions, suits, costs or expenses (including attorney fees) of whatsoever kind or nature imposed on, incurred by or asserted against Escrow Agent which in any way relate to or arise out of the execution and delivery of this Agreement and any action taken hereunder; provided, however, that Seller and Buyer shall have no such obligation to indemnify, save and hold harmless Escrow Agent for any liability incurred by, imposed upon or established against it as a result of Escrow Agent's negligence or willful misconduct. Section 11. Closing: At or before Closing, Seller shall deliver to Buyer a special warranty deed unless otherwise specified on Exhibit B and other documents customarily executed or delivered by a seller in similar transactions, including without limitation, a bill of sale for any personal property listed on Exhibit A, an owner's affidavit, lien waiver forms (and such other lien related documentation as shall permit the Property to be conveyed free and clear of any claim for mechanics' liens) and a non -foreign status affidavit (pursuant to the Foreign Investment in Real Property Tax Act), and Buyer shall cause to be delivered the funds necessary to pay to Seller the Purchase Price. The Closing shall be conducted by Buyer's attorney or handled in such other manner as the parties hereto may mutually agree in writing. Possession shall be delivered at Closing, unless otherwise agreed herein. The Purchase Price and other funds to be disbursed pursuant to this Agreement shall not be disbursed until the Buyer's attorney's (or other designated settlement agent's) receipt of authorization to disburse all necessary funds. Section 12. Notices: Unless otherwise provided herein, all notices and other communications which may be or are required to be given or made by any party to the other in connection herewith shall be in writing (which shall include electronic mail) and shall be deemed to have been properly given and received (i) on the date delivered in person or (ii) the date deposited in the United States mail, registered or certified, return receipt requested, to the addresses set out in Section 1(g) as to Seller, and in Section 1(h) as to Buyer, or at such other addresses as specified by written notice delivered in accordance herewith, (iii) at such time as the sender performs the final act to send such transmission, in a form capable of being processed by the receiving parry's system, to any electronic mail address or facsimile number, if any, provided in Section I (g) as to Seller, and in Section 1(h) as to Buyer or (iv) on the date deposited with a recognized overnight delivery service, addressed to the addresses set out in Section l (g) as to Seller, and in Section 1(h) as to Buyer, or at such other addresses as specified by written notice delivered in accordance herewith. If a notice is sent by more than one method, it will be deemed received upon the earlier of the dates of receipt pursuant to this Section. DS U Page 6 of 9 Buyer Initial �le Seller Initials J r� STANDARD FORM 580-T Revised 7/2022 © 7/2022 Produced with Lone Wolf Transactions (zlpForm Edition) 717 N Harwood St, suite 2200. Dallas. TX 75201 w .lwolf.com Rirerbcod Board of Commissioners - October 3, 2022 ITEM: 12- 3 - 6 DocuSign Envelope ID: 20704DC1-A7E3-4948-99AB-15708FOD35EC Section 13. Counterparts; Entire Agreement: This Agreement may be executed in one or more counterparts, which taken together, shall constitute one and the same original document. Copies of original signature pages of this Agreement may be exchanged via facsimile or e-mail, and any such copies shall constitute originals. This Agreement constitutes the sole and entire agreement among the parties hereto and no modification of this Agreement shall be binding unless in writing and signed by all parties hereto, The invalidity of one or more provisions of this Agreement shall not affect the validity of any other provisions hereof and this Agreement shall be construed and enforced as if such invalid provisions were not included. Section 14. Enforceability: This Agreement shall become a contract when signed by both Buyer and Seller and such signing is communicated to both parties; it being expressly agreed that notice given in accordance with Section 12 is not required for effective communication for the purposes of this Section 14. The parties acknowledge and agree that: (i) the initials lines at the bottom of each page of this Agreement are merely evidence of their having reviewed the terms of each page, and (d) the complete execution of such initials lines shall not be a condition of the effectiveness of this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties, their heirs, successors and assigns and their personal representatives. Section 15. Adverse Information and Compliance with Laws: (a) Seller Knowledge/Assessments: Seller has no actual knowledge of (i) condemnation(s) affecting or contemplated with respect to the Property; (ii) actions, suits or proceedings pending or threatened against the Property; (iii) changes contemplated in any applicable laws, ordinances or restrictions affecting the Property; or (iv) governmental special assessments, either pending or confirmed, for sidewalk, paving, water, sewer, or other improvements on or adjoining the Property, and no pending or confirmed owners' association special assessments, except as follows (Insert "None" or the identification of any matters relating to (i) through (iv) above, if any): None Note: For purposes of this Agreement: (i) a "special assessment" is defined as a charge against the Property by a governmental authority in addition to ad valorem taxes and recurring governmental service fees levied with such taxes, or by an owners' association in addition to any regular assessment (dues), either of which may be a lien against the Property; a special assessment may be either pending or confirmed; (ii) a "confirmed" special assessment is defined as an assessment that has been approved by a governmental agency or an owners' association for the purpose(s) stated, whether, at the time of Closing, it is payable in a lump sum or future installments; (iii) a "pending" special assessment is defined as an assessment that is under formal consideration by a governmental agency or an owners' association but which has not been approved prior to Closing. Seller shall pay, in full at Closing, all confirmed governmental or association special assessments, provided that the amount thereof can be reasonably determined or estimated. The payment of such determined or estimated amount shall be the final payment between Buyer and Seller as to any confirmed special assessments. If the amount of any special assessment cannot be reasonably determined or estimated, the special assessment shall be deemed a pending special assessment. Buyer shall take title subject to all pending special assessments disclosed by Seller herein, if any. (b) Compliance: To Seller's actual knowledge, (i) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions pertaining to or affecting the Property; (ii) performance of the Agreement will not result in the breach of, constitute any default under or result in the imposition of any lien or encumbrance upon the Property under any agreement or other instrument to which Seller is a party or by which Seller or the Property is bound; and (iii) there are no legal actions, suits or other legal or administrative proceedings pending or threatened against the Property, and Seller is not aware of any facts which might result in any such action, suit or other proceeding. (c) Owners' Association: If the Property is subject to regulation by an owners' association, Seller shall deliver the following information to Buyer pursuant to Section 4 as if the same were listed therein (or Seller shall state that Seller does not have same in their possession or that such item is not applicable): (i) the name of the owners' association; (ii) the amount of regular assessments (dues); (iii) the name, address and telephone number of the president of the owners' association or of the association manager or management company; (iv) the owners' association website address; (v) the Seller's statement of account; (vi) the master insurance policy showing the coverage provided and the deductible amount; (vii) copies of any Declaration and/or Restrictive Covenants; (viii) the Rules and Regulations, (ix) the Articles of Incorporation and Bylaws of the owners' association; (x) the current financial statement and budget of the owners' association; (xi) the parking restrictions and information; and (xii) the architectural guidelines. Seller authorizes and directs any owners' association, any management company of the owners' association, any insurance company and any attorney who has previously represented the Seller to release to Buyer, Buyer's agents, representative, closing attorney or lender true and accurate copies of the foregoing items affecting the Property, including any amendments thereto. os bf Page 7 of 9 Buyer Initial Seller Initials STANDARD FORM 580-T Revised 712022 © 7/2022 Produced with Lone Wolf Transactions (zlpFonn Ed1on) 717 N Harwood St, Suite 2200, DalFas, Tx 75201 w .€wolf.m Ri—knd Board of Commissioners - October 3, 2022 ITEM: 12- 3 - 7 DocuSign Envelope ID, 20704DC1-A7E3-4948-99AB-15708FOD35EC Section lb. Survival of Representations and Warranties: All representations, warranties, covenants and agreements made by the parties hereto shall survive the Closing and delivery of the deed. Seller shall, at or within six (6) months after the Closing, and without further consideration, execute, acknowledge and deliver to Buyer such other documents and instruments, and take such other action as Buyer may reasonably request or as may be necessary to more effectively transfer to Buyer the Property described herein in accordance with this Agreement. Section I7. Applicable Law: This Agreement shall be construed under the laws of the state in which the Property is located. This form has only been approved for use in North Carolina. Section 18. Assignment: This Agreement is freely assignable unless otherwise expressly provided on Exhibit B. Section 19. Tax -Deferred Exchange: In the event Buyer or Seller desires to effect a tax -deferred exchange in connection with the conveyance of the Property, Buyer and Seller agree to cooperate in effecting such exchange; provided, however, that the exchanging party shall be responsible for all additional costs associated with such exchange, and provided further that a non -exchanging party shall not assume any additional liability with respect to such tax -deferred exchange. Seller and Buyer shall execute such additional documents, at no cost to the non -exchanging party, as shall be required to give effect to this provision. Section 20. Memorandum of Contract: Upon request by either party, the parties hereto shall execute a memorandum of contract in recordable form setting forth such provisions hereof (other than the Purchase Price and other sums due) as either party may wish to incorporate. Such memorandum of contract shall contain a statement that it automatically terminates and the Property is released from any effect thereby as of a specific date to be stated in the memorandum (which specific date shall be no later than the date of Closing). The cost of recording such memorandum of contract shall be borne by the party requesting execution of same. Section 21. Authority: Each signatory to this Agreement represents and warrants that he or she has full authority to sign this Agreement and such instruments as may be necessary to effectuate any transaction contemplated by this Agreement on behalf of the party for whom he or she signs and that his or her signature binds such party. Section 22. Brokers: Except as expressly provided herein, Buyer and Seller agree to indemnify and hold each other harmless from any and all claims of brokers, consultants or real estate agents by, through or under the indemnifying party for fees or commissions arising out of the sale of the Property to Buyer. Buyer and Seller represent and warrant to each other that: (i) except as to the Brokers designated under Section 1(f) of this Agreement, they have not employed nor engaged any brokers, consultants or real estate agents to be involved in this transaction and (ii) that the compensation of the Brokers is established by and shall be governed by separate agreements entered into as amongst the Brokers, the Buyer and/or the Seller. Section 23. Attorneys Fees: If legal proceedings are instituted to enforce any provision of this Agreement, the prevailing party in the proceeding shall be entitled to recover from the non -prevailing party reasonable attorneys fees and court costs incurred in connection with the proceeding. ❑ EIFS/SYNTHETIC STUCCO: If the adjacent box is checked, Seller discloses that the Property has been clad previously (either in whole or in part) with an "exterior insulating and finishing system" commonly known as "EIFS" or "synthetic stucco". Seller makes no representations or warranties regarding such system and Buyer is advised to make its own independent determinations with respect to conditions related to or occasioned by the existence of such materials at the Property. THE NORTH CAROLINA ASSOCIATION OF REALTORS(k, INC. AND THE NORTH CAROLINA BAR ASSOCIATION MAKE NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. DS Page 8 of 9 Buyer Initia s R Seller Initials J STANDARD FORM 580-T Revised 7/2022 0712022 Produced with Lone Wolf Transactiars (zipForrn Edition) 717 N Harwood St, Suite 2200. Dallas, TX 75201 www.lwotf.com Rivcr6end Board of Commissioners - October 3, 2022 ITEM: 12- 3 - 8 DocuSign Envelope ID: 20704DCt-A7E3-4948-99AB-15708FOD35EC BUYER: Individual NIA Date: N/A Date: Business Entity Cisco Acquisitions, LLC Name of Entity) rg-A, c Signed by: By: tGrca B r DQ�124Mt6. Name: Title: Partner Date: 8/3/2022 SELLER: Individual Date: Date: Business Entity Riverbend #I, LLC (Name of Entity) By: Ji ,Aug 5, 2022 1025 EDT) Name: Jim Kirkpatrick Title: Manager Date: Aug 5, 2022 WIRE FRAUD WARNING To Buyers: Before sending any wire, you should call the closing agent's office to verify the instructions. If you receive wiring instructions for a different bank, branch location, account name or account number, they should be presumed fraudulent. Do not send any funds and contact the closing agent's office immediately. To Sellers: If your proceeds will be wired, it is recommended that you provide wiring instructions at closing in writing in the presence of the closing agent. If you are unable to attend closing, you may be required to send an original notarized directive to the closing agent's office containing the wiring instructions. This directive may be sent with the deed, lien waiver and tax forms if those documents are being prepared for you by the closing agent. At a minimum, you should call the closing agent's office to provide the wire instructions. The wire instructions should be verified over the telephone via a call to you initiated by the closing agent`s office to ensure that they are not from a fraudulent source. Whether you are a buyer or a seller, you should call the closing agent's office at a number that is independently obtained. To ensure that your contact is legitimate, you should not rely on a phone number in an email from the closing agent's office, your real estate agent or anyone else. The undersigned hereby acknowledges receipt of the Earnest Money set forth herein and agrees to hold said Earnest Money in accordance with the terms hereof. Digitally signed by Shannon Canady DN: cn=Shannon Canady, c=US, o=Chicago Title Company, LLC, ou=Senior Statewide Escrow Officer - NC, email=shannon.canady@ctt.com (Name of Escrow Agent) Date: Escrow Agent's contact/notice information is as follows: e-mail address: except as same may be changed pursuant to Section 12. Page 9 of 9 Un fax number: Produced with Lane Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200. Dallas, TX 75201 www.lwolf.com STANDARD FORM 580-T Revised 7/2022 © 7/2022 ft1wrbend Board of Commissioners - October 3, 2022 ITEM: 12- 3 - 9 DocuSign Envelope ID: 20704DC1-A7E3-4948-99AB-15708FOD35EC Exhibit A This Exhibit A is attached to and made a part of the Agreement for Purchase and Sale of Improved Real Property by and between Cisco Acquisitions, LLC ("Buyer") and Riverbend #1, LLC ("Seller") Pursuant to Section 1 of the Agreement, the Property is described as follows: Tract "A-1" PID: R04817-001-015-000 Map Book 66, Page 200 New Hanover County Register of Deeds New Hanover County, North Carolina "Combined Tract" PID: R04817-001-012-000 Map Book 66, Page 200 New Hanover County Register of Deeds New Hanover County, North Carolina Tract "E" PID: RO4817-001-004-000 Map Book 66, Page 200 New Hanover County Register of Deeds New Hanover County, North Carolina A depiction of Map Book 66, Page 200 is attached hereto as Exhibit A-L Ds ble Buyer Initials Seller Initials -:Tv — Board of Commissioners - October 3, 2022 ITEM: 12- 3 - 10 DocuSign Envelope ID: 20704DC1-A7E3-4948-99AB-15708EOD35EC Exhibit A-1 ._ N RECO-NMENATIO_.I PLAT 'r PORMNSOFBLOCK"AS Pc AMO "e'j,N BOOK I I, PAGE I I • . • . - _ — - !I 1S(iemzUmc R1�'T&HF.TiI)Kl, i-!_C, ,� � �.-./a � uam uF }s�una+mrGro�-. ,.,f mlm �'Icm'�I�°'• DS Buyer Initials � - Seller Initials. jy-- Board of Commissioners - October 3, 2022 ITEM: 12- 3 - 11 DocuSign Envelope ID: 20704DC1-A7E3-4948-99AB-15708FOD35EC Exhibit B This Exhibit B is attached to and made a part of the Agreement for Purchase and Sale of Improved Real Property by and between Cisco Acquisitions, LLC ("Buyer") and Riverbend #1, LLC ("Seller") Pursuant to Section 1(i) of the Agreement, the following additional terms shall apply to this Agreement. Provided Buyer has not terminated this Agreement prior to the expiration of the Examination Period, then prior to the expiration of the Examination Period, Buyer shall deposit with Escrow Agent an additional Two Hundred Thousand and 00/100 Dollars ($200,000) (herein "Additional Earnest Money") and proceed to Closing. The original Earnest Money and the Additional Earnest Money shall be non-refundable to Buyer for any reason or cause, except a Willful Seller Default (defined below), but the original Earnest Money and Additional Earnest Money shall be applicable to the Purchase Price. Willful Seller Default means an intentional refusal by Seller at the time of Closing to execute, acknowledge, and deliver the documents required by Section 11 of the Contract to the Closing attorney or title company, provided, the execution, acknowledgment, and delivery of such documents to the Closing attorney or title company may be conditioned upon the Closing attorney or title company being in possession of the Purchase Price (subject to the prorations and adjustments provided in the Contract and its exhibits) in immediately available US funds before recordation of the special warranty deed provided in Section 11 of the Contract, and the Closing attorney or title company paying the Purchase Price to the Seller by wire transfer in immediately available US funds, in accordance with wiring instructions provided by Seller to the Closing attorney or title company prior to Closing, immediately upon the recording of such special warranty deed. 3. Time is of the essence to each and every provision of the Agreement and the Exhibits. 4. In the event of any conflict between the provisions of this Exhibit B and the body of the Agreement, the provisions of this Exhibit B shall govern and control. ©5 Buyer Initial Seller Initials: T�_ Board of Commissioners - October 3, 2022 ITEM: 12- 3 - 12 DocuSign Envelope ID: 20704DC1-A7E3-4948-99AB-15708FOD35EC Exhibit C This Exhibit C is attached to and made a part of the Agreement for Purchase and Sale of Improved Real Property by and between Cisco Acquisitions, LLC ("Buyer") and Riverbend #1, LLC ("Seller") Pursuant to Section 7, the following leases affect the Property. Subleases are noted. Summit Logistics Group, LLC as tenant, Suite 200 Summit Logistics Groups as sublandlord, Port City Logistics, Inc. as subtenant, Suite 200 Black & Veatch Corporation, as tenant, Suite 202 Litify, Inc., as tenant, Suite 300 Eshelman Ventures, LLC, as tenant, Suite 301 RKJ Group, LLC, as tenant, Suite 302 Suzy, Inc., as tenant, Suite 500 Month -to -Month Parking Leases Cardinal Foods SKA Wooten Company Roof Top Satellite Olsen Enterprises Ds Buyer Initial : bf Seller Initials: Board of Commissioners - October 3, 2022 ITEM: 12- 3 - 13 PSA Cisco RB 08.03.2022 Final Audit Report 2022-08-05 Created: 2022-08-05 By: Hill Rogers (hill@cameronco.com) Status: Signed Transaction ID: CBJCHBCAABAAEHGXDPPMDwYDwOS_1tRucwbp2BECYHaX "PSA_Cisco_RB_08.03.2022" History 6S0 Document digitally presigned by DocuSignl, Inc. (enterprisesupport@docusign.com) 2022-08-03 - 6:31:58 PM GMT- IP address: 107.12.53.243 i Document created by Hill Rogers (hill@cameronco.com) 2022-08-05 - 10:19:55 AM GMT- IP address: 107.12.53.243 �+ Document emailed to Jim Kirkpatrick Qmichtiff@gmail.com) for signature 2022-08-05 - 1021:25 AM GMT Email viewed by Jim Kirkpatrick Omichtiff@gmail.com) 2022-08-05 - 2:22:16 PM GMT- IP address: 24.167.189.253 C50 Document e-signed by Jim Kirkpatrick Qmichtiff@gmail.com) Signature Date: 2022-08-05 - 2:25-56 PM GMT - Time Source: server- IP address: 24.167.189.253 Agreement completed. 2022-08-05 - 2:25:56 PM GMT 0 Adobe Acrobat Sign Board of Commissioners - Oci ITEM: 12- 3 - 14 Exhibit D Map Showing Location of 319 North Third Street Building y. CFCC Sea Devil Store N R Book store Z Courtyard edCross St �3 Condominiums , Z � CFCC: Health Sciences CFCCOffice Annex a •n - Learning Resource... Bateman Civil Survey o Apex North Carolina il so CFCC. Autobody Repair Shop --- Flytrap Brewing ------ - Bonnie Sandersq Union Station Burney Child...v Guest Parking j Downtown CFCC Gatehouse I Executive Centery (A) Banding Cape Fear I Community I Walnut St Boyles Law Firm, 0`Q College Walnut St Walnut St v 9 Dye Creek Capital Inut Si Q Bannerman Station Night Owls Only Tattoo Studio The Cotton Exchange CFCC Barber School Tattoo shop Subject (Former Shopping mall v •Building) Hampton Inn Wilmington Downtown on Nail Salon9 4.5 tk(bol) 2-star hotel Wrigley's Clocks e Islands Fresh Mex Grill © Z vRSM US LLP d Watch Repair knexi an •S as 0 pnn- Patrick work Wells Fargo Whiskey TangoFoxtrot� Grace St }-F downtown Wilmington Q 0 Grace St v � v Grace St 1 © Renaissance Salon ©Bank of America Station 2 Video Banking Courtyard by Marriott Wilmin ton... Board of Commissioners - October 3, 2022 ITEM: 12- 4 - 1 Overhead View of Location of 319 North Third Street Building (Subject Property is within the Red Border) „ILl — welw+� II Y I + I 40 I " � r ✓R - near P,Ve - ..tir r rjw �I � w R Property Includes: The building The grassy area All parking lots on the block 1.92 Total Acres Exhibit E Board of Commissioners - October 3, 2022 ITEM: 12- 4 - 2 Exhibit F Building Located at 319 North Third Street Looking West Across N. 3rd Street Looking North from Grace Street — North 3rd Street is to the right Board of Commissioners - October 3, 2022 ITEM: 12- 4 - 3 Looking East towards N. 3rd Street from Back of Building Looking South Across Walnut Street — North 3rd Street is to the left Board of Commissioners - October 3, 2022 ITEM: 12- 4 - 4 Exhibit G CAPITAL PROJECT ORDINANCE NEW HANOVER COUNTY PURCHASE AND RENOVATION OF BUILDING LOCATED AT 319 N. THIRD ST BE IT ORDAINED, by the Board of Commissioners of New Hanover County: New Hanover County (County) plans to acquire and renovate a building located at 319 N. Third St., Wilmington, North Carolina to be utilized by Cape Fear Community College (College) to expand the College's nursing and allied health programs. After repayment of associated debt arising from this transaction, the property is expected to be deeded to the College. The purchase price of the building is $11,875,000. The cost of renovations is preliminarily estimated at $14,800,000, which are expected to take place in phases through 2027. 2. County desires to authorize and budget for said project in a project ordinance adopted pursuant to North Carolina General Statute Section 159-13.2, such ordinance to authorize all appropriations necessary for the completion of said project. 3. County desires to initially authorize and budget only the acquisition cost of the building of $11,875,000. Once the renovation costs have been more fully developed, it is expected that the capital project amount will be updated. 4. The County desires to expend its own funds for the purpose of paying certain costs of the project, for which expenditures the County reasonably expects to reimburse itself from the proceeds of debt to be incurred by the County. 5. This declaration of official intent is made pursuant to Section 1.150-2 of the Treasury Regulations to expressly declare the official intent of the County to reimburse itself from the proceeds of debt to be hereinafter incurred by the County for certain expenditures paid by the County on or after the date which is sixty (60) days prior to the date hereof. NOW, THEREFORE, WITNESSETH THAT: 1. This project ordinance is adopted pursuant to North Carolina General Statute Section 159-13.2. 2. The project undertaken pursuant to this ordinance is the purchase and renovation of the building located at 319 N. Third Street, Wilmington, NC to be utilized by the College to expand the College's nursing and allied health programs, which project is herewith authorized. 3. The revenue that will initially finance said project is: Installment Loan Proceeds $ 11,875,000 Total S 11,875, 000 4. The following initial appropriation necessary for the project are herewith made from the revenue listed above: Capital Project Expense $ 11,875,000 Total S 11,875, 000 5. This project ordinance shall be entered in the minutes of the Board of Commissioners of New Hanover County. Within five days hereof, copies of this ordinance shall be filed with the finance and budget offices in New Hanover County, and with the Clerk to the Board of Commissioners of New Hanover County. Board of Commissioners - October 3, 2022 ITEM: 12- 5 - 1 Adopted this 3rd day of October 2022. Kymberleigh G. Crowell Julia Olson-Boseman, Chair Clerk to the Board of Commissioners Board of County Commissioners Board of Commissioners - October 3, 2022 ITEM: 12- 5 - 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 10/3/2022 Regular DEPARTMENT: County Manager PRESENTER(S): Jennifer Rigby, Chief Strategy Officer CONTACT(S): Lisa Wurtzbacher, Assistant County Manager and Jennifer Rigby SU BJ ECT: Public Hearing and Acceptance of Donated Property on Holly Shelter Road to Create a Business Park and Approval of Associated Agreement BRIEF SUMMARY: Wilmington Business Development along with county staff is recommending the Board of County Commissioners (Board) to accept a donation of approximately 50 acres of land from Sidbury Land & Timber (SLT) to create a future business park on Holly Shelter Road. The property is located on Holly Shelter Road and is currently vacant land. The county, in partnership with SILT, would like to use this donated property as the first tract of land for the business park. In an associated agreement with SILT, the conditions in which the property will be conveyed to New Hanover County include: 1) County funding the completion of water and sewer infrastructure to the property where the business park will be located. Construction is to be completed by June 2026. 2) County funding the completion of an access road into the property to serve the business park. Construction to be completed thirty-six months after completion of the water and sewer infrastructure utilities. If these conditions are not met, ownership of the donated 50 acres will revert back to SILT. The agreement also allows the county an option to purchase an additional 200 acres in increments of at least 50 acres in the same area on Holly Shelter Road. The purchase price of the first tract can be made at 80% of the fair market value and the remaining purchased tracts will be at the fair market value at the time of that purchase. This option purchase period is 20 years. County staff is recommending a budget amendment to fund a master study plan to be coordinated through and managed by Wilmington Business Development. The total budget amendment is in the amount of $145,000 and is funded through appropriated fund balance. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Hold public hearing on economic development expenditure and approve associated budget amendment for $145,000. Accept donation of land and authorize county manager to finalize and execute contract with Sidbury Land & Timber. Board of Commissioners - October 3, 2022 ITEM: 13 ATTACHMENTS: Script Sketch Map of Subject Property Budget Amendment 23-026 SLT Draft Agreement SLT Draft Option Agreement SLT Draft Declaration of General Restricti\e Co\,enants for Business Park COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Conduct public hearing. Recommend approval. COMMISSIONERS' ACTIONS: Approved 4-0. Board of Commissioners - October 3, 2022 ITEM: 13 SCRIPT FOR AGENDA ITEM OCTOBER 3, 2022 CHAIRMAN OLSON-BOSEMAN: I will now open a public hearing to receive comments on appropriations and expenditures for economic development. The source of funding for this appropriation and expenditure will be from the General Fund. The purpose of economic development agreements are to increase the population, taxable property, agricultural industries, employment, industrial output, or business prospects for New Hanover County. An economic development expenditure is being recommended for appropriation and is under consideration for adoption in the amount of $145,000 to Wilmington Business Development for a master study plan for a future business park in New Hanover County. Is there a motion to open the public hearing? Motion: Second: Vote: Hear comments, if any. Is there a motion to close the public hearing? Motion: Second: Vote: The public hearing is now closed. Is there a motion to approve the economic development appropriation and expenditure of $145,000 to Wilmington Business Development based on the finding that the appropriation and expenditure will increase the population, taxable property, agricultural industries, employment, industrial output, or business prospects of the County and the associated budget amendment? Motion: Second: Vote: Is there a motion to accept the donation of land and authorize the County Manager to finalize and execute the contract with Sidbury Land & Timber? Motion: Second: Vote: Board of Commissioners - October 3, 2022 ITEM: 13- 1 - 1 Board of Commissioners - October 3, 2022 ITEM: 13- 2 - 1 AGENDA: October 3, 2022 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2023 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, 2023. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health & Safety Strategic Objective(s): Sustain the community capacity to prepare for and respond to public safety demands Fund: General Department: Economic Development Expenditure: Decrease Increase Total BA 23-026 Economic Development $ 145,000 $ 145,000 Total $ - $ 145,000 $ 145,000 Revenue: Decrease Increase Total BA 23-026 Appropriated Fund Balance $ 145,000 $ 145,000 Total $ - $ 145,000 $ 145,000 Prior to Actions To ay Economic Development Budget $ 2,304,652 Appropriated Fund Balance $ 23,454,293 Total if Actions Taken $ 2,449,652 is 23 599 293 Section 2: Explanation BA 23-026 appropriates economic development expenditures in the amount of $145,000 to Wilmington Business Development to undertake a master study plan for a future business park on Holly Shelter Road located in New Hanover County to expand the tax base and create jobs. 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) 23-026 amending the annual budget ordinance for the fiscal year ending June 30, 2023, is adopted. Adopted, this 3rd day of October, 2022 (SEAL) Julia Olson-Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - October 3, 2022 ITEM: 13- 3 - 1 DRAFT —Sept. 19, 2022 STATE OF NORTH CAROLINA AGREEMENT COUNTY OF NEW HANOVER THIS AGREEMENT, made this the day of September, 2022, by and between NEW HANOVER COUNTY, a political subdivision of the State of North Carolina (hereinafter, the "County"), and SIDBURY LAND & TIMBER, LLC, a North Carolina limited liability company (hereinafter, "SLT"). Whereas, SLT owns a tract of land in New Hanover County, North Carolina, bounded by Holly Shelter Road on the north, and extending to and across Sidbury Road on the south; and Whereas, to promote the economic growth and development of New Hanover County, the parties hereto wish to promote the development of an industrialibusiness park on Holly Shelter Road (the "Business Park"); and Whereas, the County has agreed to partner with the Cape Fear Public Utility Authority (hereinafter, "Cape Fear") by providing funding for itself and Cape Fear in the amount of $8,400,000.00 for water, sewer, and fire hydrants to be constructed and installed within the right of way of Holly Shelter Road, and other public streets or roads, as they presently exist, or as they may hereafter be expanded or widened, and that, in addition, may be installed within the rights of way of new public streets or roads connecting with Holly Shelter Road. Now, therefore, in consideration of the foregoing matters, and the mutual covenants and agreements hereinafter set forth, the parties hereto do hereby mutually covenant and agree as follows. 1. Within ninety (90) days after execution of this Agreement, without cost to the County, SLT will do all of the following: (a) Execute and deliver to the County a special warranty deed (herein, the "Deed") for a tract of land containing fifty (50) acres, more or less, within the area shown as "NHC 2 Tract" on Exhibit "A" attached hereto (herein, the "County Tract"). The specific location and size of the County Tract will be mutually agreed to by SLT and the County but in all respects the County Tract will be substantially similar to the tract labeled "NHC 2 Tract" on Exhibit "A." The Deed will be in the form and on the terms set forth in the attached Exhibit "B". (b) Execute and deliver to the County an Option (herein, the "Option") to purchase a tract of land containing an additional two hundred (200) acres, more or less, within the areas shown as "NHC 1 Tract", "NHC 3 Tract", and "NHC 4 Tract" on Exhibit A attached hereto (herein, the "Option Tract"). The specific location and size of the Option Tract will be mutually agreed to by SLT and the County but in all respects the Option Tract will be substantially similar to the tracts labeled "NHC 1 Tract", "NHC 2 Tract", "NHC 3 Tract", and "NHC 4 Tract" on Exhibit "A", excepting, however, the County Tract. The Option will be in the form and on the terms set forth in the attached Exhibit "C". Board of Commissioners - October 3, 2022 ITEM- 4 - 1 (c) Execute and deliver to the County the restrictions (herein, the "Restrictions") in the form attached hereto as Exhibit "D". (d) Execute and deliver to the County a Memorandum of Contract (herein, the "Memorandum"), in a form attached hereto as Exhibit "E"; 2. At the request of SLT, the County will promptly execute the Memorandum and deliver it to SLT. After the Memorandum has been executed and delivered to SLT by the County, SLT will promptly record the Memorandum in the office of the New Hanover County Register of Deeds. The County will hold the Deed, Option, and Restrictions referred to in paragraphs 1(a), 1(b) and 1(c), above, in trust and not record or otherwise dispose of the same until the County has completed construction and installation of the Park Utilities (defined below) and the Street (defined below). After completion of the Park Utilities and the Street the County will execute and acknowledge the Restrictions, the Deed, and the Option, deliver them to SLT for recording, and SLT will record the same in the office of the New Hanover County Register of Deeds. In the alternative, the County may record the fully executed and acknowledged Restrictions, Deed, and Option in the office of the New Hanover County Register of Deeds, provided they are recorded in the following sequence: (a) the Restrictions, (b) the Deed, and (c) the Option, and are recorded after completion of the Park Utilities and the Street. 3. At any time within one (1) year after the date of this Agreement, by written notice to SLT, the County may select a different location for the County Tract within the NHC 2 Tract, NHC 1 Tract, NHC 3 Tract, or the NCH 4 Tract, not to exceed fifty (50) acres in size. The new location for the County Tract may be selected by the County, but the shape of the new County Tract must be approved in writing in advance by SLT, in its sole discretion. If the County selects a new County Tract that does not coincide with the NHC 2 Tract on Exhibit "A", and the shape of such new County Tract is approved in writing by SLT, the County will deed the original County Tract, as described in the Deed from SLT to the County, to SLT by a special warranty deed, conveying such title to the property described in the Deed as the County received, free and clear of any liens or encumbrances incurred between the date the Deed for the original County Tract to the County from SLT was recorded, and the date the deed from the County to SLT for the original County Tract is recorded, and SLT will simultaneously deed the new County Tract to the County, by a special warranty deed in the form attached hereto as Exhibit `B." 4. (a) The County agrees to construct or cause Cape Fear Public Utility Authority to construct and install water and sewer mains, fire hydrants, and the water lines connecting the fire hydrants to the water mains (hereinafter, the "Utilities"). Part of such water and sewer mains, fire hydrants, and the water lines will be installed in the Holly Shelter Road rights -of -way adjoining the boundary on Holly Shelter Road of the land now owned by SLT and shown on Exhibit "A" attached hereto (hereinafter, the "SLT Tract"), adjoining the boundary of the land on Holly Shelter Road shown as "NHC 2 Tract" on Exhibit "A" attached hereto, and adjoining the boundary of the land on Holly Shelter Road shown as "NHC 1 Tract" on Exhibit "A" attached hereto, and on and under the Street (defined below). Such part of the Utilities is hereinafter called the "Park Utilities." (b) The remainder of the Utilities will be constructed and installed within the rights -of -way of public streets and roads, including Holly Shelter Road and public roads or streets connecting with Holly Shelter Road, as they presently exist, or as they may be hereafter Board of Commissi ers - October 3, 2022 ITEM13- 4 - 2 expanded, widened, or constructed. The County will provide $8,400,000.00 in funding for itself and Cape Fear Public Utility Authority for construction of the Utilities. The Utilities will be planned and sized generally in accordance with the Sidbury and Greenview Area Water and Sewer Utilities Preliminary Engineering Report prepared by McKim&Creed in July 2020, so as to provide utility services for the SLT Tract, the County Tract and the Option Tract, and shall be planned and sized in conjunction with Cape Fear Public Utility Authority to address future development needs, including future development needs of land in the same area but not owned by the County. 5. The Park Utilities will be completed, inspected, tested, approved, and ready to provide utility services to the SLT Tract, the County Tract, and the Option Tract by June 2026. 6. SLT understands that the County does not have authority to make road or traffic improvements to Holly Shelter Road. However, the County will use its best efforts to have the N.C. Department of Transportation make road and traffic improvements to Holly Shelter Road determined by the N.C. Department of Transportation to be adequate to support the increased traffic caused and to be caused by the development of a business park on the SLT Tract, the County Tract and the Option Tract, within thirty-six (36) months after the date of this Agreement. 7. While the Park Utilities are being constructed and installed, the County will construct, or cause to be constructed, a paved public access street into the Business Park, with curbs, gutters and utility facilities, including but not limited to facilities for water and sewer and fire hydrants, (which may be provided as part of the Park Utilities), and facilities for drainage, gas, electricity, cable, and traffic control, all within the right of way of such street (herein, such street and improvements are collectively referred to as the "Street"). The Street will be completed and ready for use within thirty-six (36) months after the Park Utilities are completed. The Street shall be located within and extend the entire length of the area labelled "100' PROPOSED R/W 6.46 Ac." on Exhibit A attached hereto, and shall be sufficiently wide to be a public street 8. The County will allow, or cause Cape Fear Public Utility Authority to allow, SLT and subsequent owners of any part of the County Tract, the SLT Tract or the Option Tract to tap onto or connect to the Utilities and the utility facilities included in the Street, and use them to provide utility services to any part or parts of the County Tract, the SLT Tract or the Option Tract, upon payment of the tap -on or connection fees and usage fees established by the County or Cape Fear Public Utility Authority, as applicable, for such use, and compliance with Cape Fear's ordinances, policies, rules and regulations. Such ordinances, policies, rules and regulations shall be the same as those generally used by Cape Fear Public Utility Authority and imposed by Cape Fear Public Utility Authority on comparable projects or land. Such tap -on or connection fees and usage fees, will be as published in the Cape Fear Public Utility Authority's Rate and Fee Schedule effective at the time of application. 9. After completion of the Park Utilities and the Street, SLT will have the right, but not the obligation to construct an industrial building(s) or industrial warehouse(s) (the "Building" or the "Buildings") within the boundaries of the SLT Tract shown on Exhibit "A" attached hereto, if in SLT's judgment market conditions at the time are conducive to such construction and development. The plans and construction of the Building(s) and its related improvements will comply with the Restrictions and applicable laws, ordinances and codes, but shall otherwise be determined by SLT in its sole discretion. The Building(s) and its related improvements may Board of Commissioyers - October 3, 2022 ITEM: 13- 4 - 3 not occupy or use all of the SLT Tract, but will be constructed within the boundaries of the SLT Tract. 10. After completion of the construction and installation of the Park Utilities and the recording of the Restrictions, Deed, and Option, the County may enter into contracts and agreements from time to time regarding sale or lease of part or parts of the County Tract and the part or parts of Option Tract as to which the Option has not expired, but the County must exercise its rights under the Option, and purchase such part or parts of the Option Tract, before conveying them or leasing them to any third parties. The County shall have final authority as to the price and other terms of sale or lease of the part or parts of the County Tract and Option Tract it sells or leases to third parties (subject, however, to the Restrictions), but the price and terms of sale of any part or parts of the Option Tract purchased by the County from SLT shall be governed by the Option. SLT shall have the right, but not the obligation to develop, sell, or lease the SLT Tract shown on Exhibit "A" as part of the Business Park at any time, or from time to time. SLT shall have final authority as to the price and other terms of sale or lease of the part or parts of the SLT Tract it sells or leases to third parties (subject, however, to the Restrictions). Other than the SLT Tract, and other than such other land as SLT may elect to incorporate into the Business Park from time to time and has not withdrawn from the Business Park, nothing in this Agreement shall restrict or prevent SLT from developing or selling any land it may own, at any time or from time to time upon such terms and conditions as it shall see fit. 11. The County and SLT are independent contractors and not partners or principal and agent, and neither of them shall have any authority or power to act on behalf of the other, except as may be authorized in writing from time to time. 12. If the Option expires as to any land located within the Option Tract without such land being purchased by the County, after such expiration SLT shall have sole ownership of such land, free of any obligation to the County, except as may be set forth in the Restrictions. 13. The County shall have the right to issue a notice to SLT in writing (hereinafter, an "Exclusive Notice") of the name and address of a prospective purchaser or lessee (hereinafter, a "Prospect") for any land or building, or part of a building, within the boundaries of the County Tract or within the boundaries the part of the Option Tract as to which the Option has not expired. SLT shall have the right to issue an Exclusive Notice to the County in writing of the name and address of any Prospect for any land or building, or part of a building, within the boundaries of the SLT Tract or within the boundaries of the part of the Option Tract which the County has not purchased and as to which the Option has expired. (a) If SLT or the County is the first to give a Exclusive Notice as to a Prospect, the other shall not contact that Prospect or solicit the sale or lease any land or building, or part of a building, within the boundaries of the SLT Tract, the County Tract, or the Option Tract by that Prospect for a period of six (6) months after the date the Exclusive Notice is given (the "Exclusive Period"). (b) An Exclusive Period may be extended by the party that issued the Exclusive Notice for up to an additional six (6) months, by giving written notice of such extension to the other party hereto, prior to the expiration of the initial Exclusive Period. Board of Commissioners - October 3, 2022 ITEM:�13- 4 - 4 (c) In any event, no Exclusive Period may extend longer than one year after the date the written Exclusive Notice is given. (d) An Exclusive Notice may only be given for a Prospect that has contacted the party issuing the Exclusive Notice, may only be given once by such party for each Prospect, and may only be extended once by such party for each Prospect. (e) The party who issued an Exclusive Notice, or extended an Exclusive Period, may terminate the Exclusive Period at any time by written notice to the other party to this Agreement. (f) After an Exclusive Period for a Prospect initiated by the County or SLT has expired or has been terminated, the other may issue a Exclusive Notice for the same Prospect, if it has been contacted by the Prospect, and may extend the Exclusive Period for such Prospect once for up to six months, as provided hereinabove. 14. Time is of the essence to each and every provision of this Agreement. 15. (a) If the County and SLT are unable to agree on the location and size of the County Tract and the Option Tract in accordance with Paragraph 1 within ninety (90) days after the execution of this Agreement, as its sole and exclusive remedy either SLT or the County may terminate this Agreement by written notice to the other, neither of the parties shall have any further liability to the other. (b) If the County does not give SLT written notice that it has selected a new or different County Tract within one (1) year from the date of this Agreement, the County's right to select a new or different County Tract shall expire, and the location of the County Tract shown on Exhibit "A" shall thereafter be final. (c) If the County or Cape Fear has not entered into a binding contract or contracts for the construction of the Park Utilities by January 2025, as its sole and exclusive remedy SLT may terminate this Agreement by written notice to the County. Upon such notice of termination being given, the County shall promptly return the Deed, the Option, and the Restrictions to SLT, without recording the same, and thereupon this Agreement shall terminate and become null and void, and neither SLT or the County shall have any further liability or obligation the other. Such notice of termination may not be given after the County or Cape Fear has entered into a binding contract or contracts for construction and installation of the Park Utilities, regardless of whether such contract is entered into by January 2025 or before. (d) If the County or Cape Fear enters into a binding contract or contracts for the construction of the Park Utilities by January 2025, after the execution of such contract or contracts, SLT and the County shall be entitled to enforce this Agreement subject, to the limitations on remedies set forth in this Agreement. The County shall notify SLT in writing when such a contract or contracts have been entered into, within five days after such contract or contracts have been entered into. (e) If the Park Utilities are not completed and ready for use by June 2026, SLT may terminate this Agreement by written notice to the County. In the event of such termination, the County shall cancel and terminate the Option and convey to SLT with Board of CommissiTers - October 3, 2022 ITEM: 13- 4 - 5 reasonable promptness such title to the County Tract and the Street as the County received, free and clear of any liens or encumbrances incurred between the date the County Tract was deeded to the County by SLT, and the date the County deeds the County Tract back to SLT, together with any improvements, finished or unfinished, installed on or under the County Tract or the Street, and shall assign to SLT any rights of the County under the Restrictions. (f) If SLT fails or refuses to perform its obligations under paragraph 1, the County may enforce the same by an action for specific performance without monetary damages or attorney's fees. (g) If SLT or the County fails or refuses to perform its obligations under paragraph 9, the other may enforce the same with such remedies as are allowed at law or in equity for such breach of this Agreement. (h) The remedies provided in this paragraph 15 are the sole and exclusive remedies of the parties for breach or violation of this Agreement. 16. All notices, requests, and demands to or upon the parties hereto, shall be in writing, and shall be deemed to have been given and received when delivered by hand, or two business days after deposit with a recognized international overnight delivery service, delivery charges prepaid, or five business days after deposit with the U.S. Postal Service, postage prepaid, certified mail, return receipt requested, addressed the following addresses or such other addresses as may be hereafter designated by either party by written notice to the other given in accordance with this paragraph. For purposes of this paragraph, the term "business day" shall mean any day other than a Saturday, Sunday, recognized federal holiday, or recognized state holiday in the State of North Carolina. County: New Hanover County ATTN: 230 Government Center Drive Wilmington NC 28403 SLT: Sidbury Land & Timber, LLC ATTN: Bruce B. Cameron IV and R. Hill Rogers 1201 Glen Meade Road Wilmington, NC 28401 J91 Sidbury Land & Timber, LLC ATTN: Bruce B. Cameron IV and R. Hill Rogers P.O. Box 3649 Wilmington, NC 28406 Board of Commissioners - October 3, 2022 ITEM: 13- 4 - 6 With a copy to: Morgan & Carter, PLLC ATTN: Richard M. Morgan or Mark F. Carter 602 Market Street Wilmington, NC 28401 17. No delay in exercising any right or remedy by SLT or the County shall constitute a waiver of any right or remedy, and no waiver by SLT or the County of the breach of any covenant of this Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any other covenant or condition of this Agreement. 18. SLT makes no representations or warranties, express or implied, as to the physical condition of the County Tract or the Option Tract, including but not limited to the presence or absence of hazardous substances or the classification of any of such land as "wet lands." For purposes of this Agreement, "hazardous substances" are defined as those substances, materials, and wastes, including, but not limited to: those substances, materials and wastes listed in the United States Department of Transportation Hazardous Materials Table (49 CFR Part 172.101) or by the Environmental Protection Agency as hazardous substances (40 CFR Part 302.4) and amendments thereto, or such substances, materials and wastes, which are or become regulated under any applicable local, state or federal law, including, without limitation, any material, waste or substance which is (i) petroleum, (ii) asbestos, (iii) polychlorinated biphenyls, (iv) designated as a Hazardous Substance pursuant to Section 311 of the Clean Water Act of 1977 (33 U.S.C. §1321) or listed pursuant to Section 307 of the Clean Water Act of 1977 (33 U.S.C. §1317), (v) defined as a hazardous waste pursuant to Section 1004 of the Resource Conservation and Recovery Act of 1976 (42 U.S.C. §6903) or (vi) defined as a hazardous substance pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. §9601). 19. Each party represents to the other that it has not contracted with or used the services of any broker or finder with regard to this transaction, and each agrees to indemnify and defend the other and hold the other harmless from and against all liability, claims, demands, damages and costs of any kind arising from or connected with any broker's or finder's type of fee, commission or charges claimed to be due any person arising from such party's conduct with respect to this transaction. 20. If any provision, sentence, phrase or word of this Agreement or the application thereof to any person or circumstance shall be held invalid, the remainder of this Agreement, or the application of such provision, sentence, phrase or word to persons or circumstances, other than those as to which it is held invalid, shall not be affected thereby. 21. This Agreement sets forth the entire agreement between the parties and all prior discussions, negotiations, and agreements are hereby included and concluded. This Agreement may be modified or amended only by a written instrument signed by both parties. It is further understood and agreed that no party is relying upon any statement or representation not expressly embodied in this Agreement. This Agreement becomes effective when it has been signed by both parties. Board of Commissioners - October 3, 2022 ITEM: 13- 4 - 7 IN WITNESS WHEREOF, the County and SLT have each caused this Agreement to be executed by its authorized representative(s) as of the day and year first above written. [Signature blocks and notary acknowledgements to be added] Board of CommissiG�ers - October 3, 2022 ITEM: 13- 4 - 8 DRAFT —Sept. 19, 2022 STATE OF NORTH CAROLINA OPTION AGREEMENT COUNTY OF NEW HANOVER This Option Agreement (hereinafter, this "Agreement") is made as of the day of , 20 , between SIDBURY LAND & TIMBER, LLC, a North Carolina limited liability company (hereinafter, "SLT"), and NEW HANOVER COUNTY, a political subdivision of the State of North Carolina (hereinafter, the "County"). R'PCTTAT.0 SLT desires to grant an option to the County, and the County desires to obtain from SLT an option, for the County to purchase, upon the terms and conditions hereinafter set forth, those certain tracts or parcel of land located in New Hanover County, North Carolina, more particularly shown as NHC 1 Tract, NHC 2 Tract, NHC 3 Tract, and NCH 4 Tract on Exhibit "A" attached hereto, excluding the "County Tract" as now described in or as it may hereafter be relocated pursuant to that certain Agreement between SLT and the County, dated , 2022, containing acres, more or less, hereinafter referred to as the "Property." AGREEMENT NOW, THEREFORE, the parties agree: 1. Property. As used herein, the Property shall be deemed to include the following: Those certain tracts or parcel of land located in New Hanover County, North Carolina, shown as NHC 1 Tract, NHC 2 Tract, NHC 3 Tract, and NCH 4 Tract on Exhibit "A" attached hereto, excluding the "County Tract" as now described in or as it may hereafter be relocated pursuant to that certain Agreement between SLT and the County, dated , 20225 containing acres, more or less, 2. Option. Subject to the terms and conditions contained herein, SLT does hereby grant an option (the "Option") to the County to purchase the Property from SLT. The Option may be exercised as to part or all of the Property, at any time and from time to time by written notice from the County to SLT (the "Purchase Notice") . Such written notice must specify whether the County is exercising the Option to Purchase all of the Property, or a part of the Property. If the Option is exercised as to part of the Property, it shall be exercised in the following manner. (a) To exercise its option to purchase part of the Property, the County must notify SLT in writing (the "Purchase Notice") that it is exercising its option to purchase a part of the Property selected by it (the "Purchase Parcel"), and provide SLT with a boundary Board of Commissioners - October 3, 2022 ITEM: 13- 5 - 1 survey of such Purchase Parcel, not less than the proposed Closing (defined below) of the Purchase. received by SLT during the Option Period (defined below). days before the date of The Purchase Notice must be (b) In order for there to be a valid exercise of the County's option to purchase part of the Property, the Purchase Parcel must (i) contain fifty (50) acres or more, (ii) be generally rectangular or square, the shape of which shall be subject to approval by SLT in its sole discretion, and (iii) adjoin either a boundary of the County Tract, or a boundary of a previous Purchase Parcel. 3. Purchase Price. The purchase price of each Purchase Parcel (or the purchase price of the Property if the County elects to purchase all of the Property at one time) shall be determined by two, or if necessary, three appraisers, all of whom must have an MAI designation from the Appraisal Institute, as follows. (a) The County shall select one appraiser and SLT shall select one appraiser. The County and SLT shall each notify the other in writing of the name and address of the appraiser selected by it within thirty (30) days after SLT receives the County's Purchase Notice. (b) If SLT or the County cannot obtain an appraiser satisfactory to itself within thirty (30) days after SLT receives the County's Purchase Notice, the time for selecting an appraiser satisfactory to itself by either the County or SLT shall be extended until it obtains an appraiser satisfactory to itself, provided the County or SLT, as the case may be, continues in good faith to use its best efforts to obtain an appraiser satisfactory to itself. (c) The two appraisers shall each make his or her own separate and independent appraisal of the property to be purchased. The two appraisals must be completed within thirty (30) days after both appraisers have been selected. (d) If the appraised values arrived at by the two appraisers are within ten percent (10%) of each other (that is, the lower appraised value is ninety percent (90%) or more of the higher appraised value), the average of the two appraised values shall be the Purchase Price of the property to be purchased. (e) If the appraised values arrived at by the two appraisers are not within ten percent (10%) of each other, the two appraisers selected by the County and SLT shall select a third appraiser, and notify the County and SLT in writing of the name and address of the appraiser selected by them within thirty (30) days after both of the first two appraisals have been received by the County and SLT. (f) If the two appraisers selected by the County and SLT cannot obtain a third appraiser satisfactory to them within thirty (30) days after both of the first two appraisals have been received by the County and SLT, the time for the two appraisers to select a third appraiser shall be extended until they obtain a third appraiser satisfactory to them, Board of Commissiq�ers - October 3, 2022 ITEM:``I3- 5 - 2 provided the two appraisers continue in good faith to use their best efforts to obtain an appraiser satisfactory to them. (i) The third appraiser shall make his or her own separate and independent appraisal of the property to be purchased. The third appraisal must be completed within thirty (30) days after the third appraiser is selected. (ii) The fair market value placed on the property to be purchased by the third appraiser shall be the purchase price (the "Purchase Price") of the property to be purchased. (iii) Provided, however, notwithstanding the foregoing, the Purchase Price for the first fifty (50) acres purchased by the County shall be eighty percent (80%) of the final appraised value of such fifty (50) acres. The County shall select the location of such fifty (50) acres, which shall be generally rectangular or square, the shape of which shall be subject to approval by SLT, and adjoin the County Tract. 4. Option Period. The period during which the Option may be exercised (the "Option Period") shall commence on the date hereof and, shall continue through the date which is twenty (20) years after the date hereof. 5. Investigations, Applications, Access to Property. The County shall have the right to make certain investigations, file certain applications, and receive certain approvals and assurances in respect of the Property or one or more Purchase Parcels and its contemplated development thereof, and to make certain determinations in respect thereof. During the Option Period: (a) SLT shall make on behalf of County at the County's expense and/or authorize County to make at the County's expense all applications and filings as may be necessary and/or appropriate to enable the County to obtain the approvals and assurances it desires with regard to the Property or one or more Purchase Parcels. SLT will cooperate with the County and execute and deliver such instruments as the County may require in order to aid the County in obtaining such approvals and assurances, provided SLT will not be required to incur or assume any costs, obligations, or liabilities in rendering such cooperation. (b) The County shall have the right to go upon the Property for the purpose of having inspections and tests conducted upon the Property, at the County's sole cost and expense, by companies, entities, or persons fully qualified and properly licensed to conduct such inspections and tests in a professional and competent manner. The County agrees to indemnify, defend, and hold SLT harmless from any and all cost, expense, or claims for personal injury or property damage arising as a result of said inspections or tests and, further, the County shall restore the Property so as to eliminate any damage caused thereto as a result of said inspections or tests. Board of Commissioners - October 3, 2022 ITEM: 13- 5 - 3 6. Closing. The consummation of the purchase of a Purchase Parcel or the Property contemplated hereunder (a "Closing") shall take place at the office of the attorney for the County, in New Hanover County, North Carolina on such date (the "Closing Date") as the County may specify by not less than fifteen (15) days prior written notice to SLT. (a) At a Closing, SLT shall execute, acknowledge, and deliver the following documents to the County. (i) A special warranty deed (the "Deed"), in recordable form conveying good, insurable, and marketable title to the Premises subject only to the Permitted Encumbrances (hereinafter defined) and the restrictions entitled " " and recorded in Book , Page in the office of the New Hanover County Register of Deeds. If a Purchase Parcel or all of the remainder of the Property is being conveyed, the County shall provide a surveyed description of the property to be purchased to SLT not less than days before the Closing (defined below), for use in the Deed. (ii) A certificate that SLT is not a "foreign person" as defined in the Federal Foreign Investment in Real Property Tax Act of 1980 and the 1994 Tax Reform Act, as amended in a form complying with federal tax law. (iii) An Owner Affidavit and Agreement (ALTA Form-1). (iv) A closing statement prepared by the County's attorney which has been approved by the County and SLT. (b) At Closing, the County shall: (v) Pay to SLT the Purchase Price for the property being purchased, by wire transfer, or certified or bank check, as elected by SLT, in the amount shown on the closing statement approved by the County and SLT. (vi) Execute, acknowledge, and deliver to SLT a closing statement, prepared by the County's attorney, which has been approved by SLT and the County. (c) SLT shall pay for the preparation of the Deed and other closing documentation required to be provided by the SLT as stated herein, and for the revenue stamps on the Deed required by law. (d) The County shall pay for recording the Deed and for preparation and recording of all instruments required to be provided by the County as stated herein, including payment of any and all title insurance premiums, and all expenses of surveying and mapping the property to be purchased. (e) Not less than two days before Closing, the County's attorney shall prepare a settlement statement showing each and every closing cost as set forth herein, and deliver a copy to SLT or SLT's attorney. Such closing statement shall be satisfactory to both the Board of Commissiopers - October 3, 2022 ITEM: 13- 5 - 4 County and SLT, and, if satisfactory to both parties, executed by both parties at the Closing. (f) Any real property ad valorem taxes deferred under N.C. Gen. Stat. § 105-277.4, et seq., for years prior to the year in which Closing takes place shall be paid by SLT at closing. (g) Real property ad valorem taxes for the year in which Closing takes place, including any taxes for the year in which Closing takes place which might otherwise have been deferred pursuant to N.C. Gen. Stat. § 105-277.4, et seq., shall be prorated on a per diem basis between the County and SLT at Closing, after taking into consideration the County's immunity from payment of real property ad valorem taxes. (h) If the Closing occurs prior to the receipt by SLT of the tax bill for the year in which the Closing occurs or for any prior tax year the County and SLT shall prorate real property taxes for such tax year or years based upon the amount of the taxes (including any taxes deferred or which might have otherwise been deferred pursuant to N.C. Gen. Stat. § 105-277.4, et seq.), for the most recent tax year for which a tax bill is available. Thereafter, upon receipt of the tax bill or bills for the tax year in which the Closing occurs and for any prior tax years the proration of such taxes shall be recalculated based upon the amount of real property taxes shown by such tax bill or bills and the County or SLT, as the case may be, shall pay to the other on demand the amount that may be necessary to effectuate such adjustment. If a tax bill covers property in addition to Property, or in addition the Purchase Parcel then being purchased, an equitable allocation shall be made in respect thereof, based on the acreages, and the assessed value for tax purposes of such acreages, of the additional Property and the Property or Purchase Parcel being purchased, and each party shall pay its allocated share thereof. (i) Any other expenses incurred in the operation of the property being purchased, which are allocable to any period which commences before and ends after the Closing shall be prorated on a per diem basis between the County and SLT. 0) Such closing costs payable by SLT shall be paid out of the Purchase Price. Such closing costs payable by the County shall be paid by the County in cash at Closing, in addition to the Purchase Price. Each of the parties shall pay its own attorneys' fees. 7. Condemnation. SLT and the County shall immediately notify the other in writing if to its knowledge any condemnation or eminent domain proceedings with respect to the Property are pending or threatened. If, before all of the Property has been conveyed to the County, any condemnation or eminent domain proceedings are initiated which might result in the taking of more than twenty-five percent (25%) in area of the Property which has not been conveyed to the County, the County shall be entitled to one of the following remedies as its sole and exclusive remedy: (a) terminate this Agreement whereupon this Agreement shall be deemed null and void, and neither party shall have any further rights, obligations, or liabilities hereunder, with respect to such part of the Property that has not been conveyed to the County; or Board of Commissioners - October 3, 2022 ITEM: 13- 5 - 5 (b) elect to close the purchase of the part of the Property as to which the County has exercised the Option, in which event SLT shall assign to the County all of SLT's right, title, and interest in and to any award made or to be made in connection with such condemnation or eminent domain proceedings for the part of the Property to be purchased by the County. (c) If such proceedings would result in the taking of any part of the Property as to which the County has exercised the Option, but which has not been conveyed to the County, the County shall notify SLT, within ten (10) days of the County's receipt of such notice, or within ten (10) days after SLT's receipt of such notice, whether the County elects to exercise its rights under Section 7(a) or 7(b). If the County does not give such notice, it shall be deemed to have exercised its rights under Section 7(b). If necessary, the Closing shall be delayed until the ten (10) day period for the County to make such election has expired. 8. Default by the County. If the County shall default and fail to render the performance required of it in this Option, either as to any part of the Property, or as to any Purchase Parcel, and such default is not cured within thirty (30) days after written notice from SLT to the County specifying such default, then SLT shall be entitled to one of the following remedies as its sole and exclusive remedy. (a) Terminate this Option by written notice to the County in which event neither SLT nor the County shall have any further rights, obligations, or liabilities under this Agreement, or in the alternative, (b) Specifically enforce this Agreement for the Purchase Price as to which this Option has been exercised but has not been conveyed to the County, without reduction in the Purchase Price and without other monetary damages, or in the alternative (c) Recover monetary damages as allowed by law, without specific performance of this Agreement as to any part of the Property that has not been conveyed to the County. The County's failure to exercise the Option in whole or in part, for any reason, or no reason, shall not constitute a default. 9. Default by SLT. If SLT shall fail to render the performance required of it under this Option, and such default is not cured within thirty (30) days after written notice from the County to SLT specifying such default, the County may exercise any one of the following remedies as its sole and exclusive remedy: (a) Terminate this Option by written notice to SLT, in which event neither SLT nor the County shall have any further rights, obligations, or liabilities under this Agreement, or in the alternative, (b) Waive the satisfaction of all unsatisfied conditions and obligations by SLT and specifically enforce this Agreement as to any part or all of the Property as to which the Board of CommissiWers - October 3, 2022 ITEM: 13- 5 - 6 Option has been exercised without reduction in the Purchase Price and without recovering monetary damages. (c) Recover monetary damages as allowed by law, without specific performance of this Agreement as to any part of the Property that has not been conveyed to the County. 10. Brokers. SLT and the County each represent and warrant to the other that they know of no brokers or other persons or entities who have been instrumental in submitting or showing the Property to the County. If any claim for a broker's commission, finder's fee, or other like payment in connection with negotiation, execution, or consummation of the transaction herein provided is asserted against SLT, based on any statement, representation, or agreement shown to have been made or entered into by the County, then the County shall indemnify, hold harmless, protect, and defend SLT from and against any and all loss, damage, liability, or expense, including costs and reasonable attorneys' fees, which SLT may incur or sustain by reason of such claim. If any such claim is asserted against the County based on any statement, representation, or agreement shown to have been made or entered into by SLT, then SLT shall indemnify, hold harmless, protect, and defend the County from and against any and all loss, damage, liability, or expense, including costs and reasonable attorneys' fees, which the County may incur or sustain by reason of such claim. 11. Notice. All notices to be given hereunder shall be in writing, signed by an authorized representative of the party giving the notice, and personally delivered or sent by registered or certified mail, return receipt requested, with postage prepaid, to the parties at the following addresses or to such other or further addresses as the parties may hereafter designate by like notice similarly delivered. (c) If intended for SLT: [SLT's Name and Address] with a copy to: [Attorney's Name and Address] (d) If intended for the County: [the County's Name and Address] with a copy to: [Attorney's Name and Address] Any notice given hereunder shall be deemed received on the date of delivery if personally delivered, or on the earlier of (i) five (5) days after the notice is deposited with the U.S. Postal Service, postage prepaid, certified mail, return receipt requested, in a correctly addressed envelope, or (ii), on the date written on the certified mail return receipt. Board of CommissicTers - October 3, 2022 ITEM: 13- 5 - 7 12. Miscellaneous. (a) This Agreement, and any exhibits attached hereto embody the entire agreement between the parties in connection with this transaction and there are no oral or prior agreements, representations, or inducements existing between the parties relating to this transaction which are not expressly set forth herein and covered hereby. This Agreement may not be modified except by a written agreement signed by both of the parties. (b) This Agreement may not be assigned or transferred by the County or SLT. (c) No written waiver by any party at any time of any breach of any other provision of this Agreement shall be deemed a waiver of a breach of any provision herein or a consent to any subsequent breach of the same or any other provisions. If any action by any party shall require the consent or approval of another party, such consent or approval of such action on any occasion shall not be deemed a consent to or approval of such action on any subsequent occasion or a consent to or approval of any other action on the same or any subsequent occasion. (d) The captions and section numbers appearing in this Agreement are inserted only as a matter of convenience and do not define, limit, construe, or describe the scope of such sections of this Agreement nor in any way affect this Agreement. (e) This Agreement shall be governed by and interpreted in accordance with the laws of the State of North Carolina. (f) Time shall be of the essence of this Agreement and each and every term and condition thereof. (g) At the election of either party, a memorandum of this agreement shall be executed by both parties and recorded with in the office of the New Hanover County Register of Deeds. (h) The Recitals set forth above are contractual in nature, and are hereby incorporated in this Agreement as fully as if set forth herein verbatim. IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the day and year first above set forth. [Signature blocks and notary acknowledgements to be added] [Attach Exhibit "A'] [Attach list ofpermitted encumbrances as Exhibit `B'] Board of CommissiWers - October 3, 2022 ITEM: 13- 5 - 8 DRAFT —Sept. 19, 2022 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER DECLARATION OF GENERAL RESTRICTIVE COVENANTS FOR [NEWPARK] BUSINESS PARK THIS DECLARATION, (hereinafter, this "Declaration") made and entered into this day of , 2022 (the "Effective Date"), by SIDBURY LAND & TIMBER, LLC, a North Carolina limited liability company (hereinafter, the "Declarant"). RECITALS A. The Declarant has agreed to convey the land (the "County Tract") described in Exhibit "A" attached hereto to New Hanover County, a political subdivision of the State of North Carolina (hereinafter, the "County"). B. The Declarant has agreed to grant the County an option (the "Option) to purchase another tract of land, described in Exhibit `B" attached hereto (the "Option Tract"), or parts thereof from time to time. Such part or parts of the Option Tract as the County purchases from time to time are hereinafter referred to as the "Purchased OptionTracts." C. The Declarant owns the tract of land designated as the SLT Tract on Exhibit "A" attached hereto (hereinafter, the "SLT Tract"). D. The Declarant owns additional land (other than the SLT Tract) adjoining the County Tract and the Option Tract, (including any part of the Option Tract that is not purchased by the County within the Option Period). Such part or parts of the Declarant's Property, including any unpurchased parts of the Option Tract, that may be annexed to or incorporated into the Park (defined below) by the Declarant are hereinafter referred to as the (the "Declarant Tracts"). E. The Declarant and the County have agreed to a general plan of development, hereinafter set forth, pursuant to which the County Tract, the SLT Tract, the Purchased Option Tracts, and Declarant Tracts may be developed as a business and industrial park (the "Park"), pursuant to such general plan of development. F. The Declarant and the County have agreed that the Declarant will convey the County Tract to the County subject to the covenants, conditions, and restrictions set forth in this Declaration. G. The Declarant and the County have agreed that simultaneously with the conveyance of the County Tract to the County subject to this Declaration, the Declarant will subject the SLT Tract to the covenants, conditions, and restrictions set forth in this Declaration. Board of Commissioners - October 3, 2022 ITEM: 13- 6 - 1 H. The Declarant and the County have agreed that if and when the County exercises the Option, the Declarant will convey the Purchased Option Tracts to the County subject to the covenants, conditions, and restrictions set forth in this Declaration. I. When the Declarant elects, from time to time, to include parts of the Declarant Property in the Park, it will subject such Declarant Tracts to the covenants, conditions, and restrictions set forth in this Declaration. J. The covenants, conditions, and restrictions contained in this Declaration are intended to be general restrictions applying uniformly to the County Tract, the SLT Tract, the Purchased Option Tracts, and the Declarant Tracts incorporated into the Park. It is contemplated that the County and the Declarant may each elect to adopt additional covenants, conditions, and restrictions applicable to the property it owns, and form one or more property owners associations for the owners of its property, develop its property pursuant to such additional conditions, covenants, and restrictions, and establish common areas, common facilities, and property owners' associations, boards, or committees for its property to, among other things, levy and collect assessments for such purposes as may be set forth in the governing documents of such property owners' associations, as amended from time to time, so long as such activities do not conflict with the provisions of this Declaration. CONDITIONS, COVENANTS, AND RESTRICTIONS In consideration of the foregoing Recitals, and the mutual covenants and agreements hereinafter set forth, the parties hereto do hereby mutually covenant and agree that the County Tract, the SLT Tract, the Purchased Option Tracts, and the Declarant Tracts incorporated into the Park (collectively, the "Park Property") shall be held, sold, conveyed, and used subject to and in accordance with these conditions, covenants, and restrictions (hereinafter, these "Restrictions"). 1. Incorporation into the Park. (a) The County Tract, the Purchased Option Tracts, or any part thereof, shall be incorporated into the Park when they are conveyed to the County by the Declarant subject to the this Declaration, and thereafter such property shall be Park Property, and shall be subject to this Declaration, and its provisions, including but not limited to the Restrictions. (b) When the Declarant conveys the County Tract to the County subject to this Declaration, the Declarant will simultaneously incorporate the SLT Tract into the Park, and subject it to this Declaration. Thereafter the SLT Tract shall be Park Property, and shall be subject to this Declaration, and its provisions, including but not limited to the Restrictions. (c) The Declarant, acting alone, may incorporate any number of Declarant Tracts into the Park, from time to time, by recording a declaration in the office of the New Hanover County Register of Deeds that such land is thereby incorporated in the Park, that it shall be Park Property, and shall be subject to Declaration, and its provisions, including but not limited to the Restrictions. Board of Commissioners - October 3, 2022 ITEM: 13- 6 - 2 (d) The County or the Declarant, acting alone, may withdraw any land, or any part thereof, it has incorporated in the Park by recording a declaration in the office of the New Hanover County Register of Deeds withdrawing such land from Park, and withdrawing it from the provisions of this Declaration, provided no other party has acquired any rights or ownership interest in such land. Any land, in which a party other than the County or the Declarant has acquired any rights or ownership interest, may not be withdrawn from this Declaration without such party joining with the Declarant or the County in the declaration of withdrawal, and conveying all of its right, title, and interest in such land to the County or the Declarant, as applicable. 2. Use. The Park Property may be used for only for commercial, business and/or industrial purposes, including but not limited to laboratories, wholesale businesses, warehouses, distribution facilities, industrial and manufacturing facilities, repair and maintenance facilities, professional offices, general offices, life sciences businesses, research and development facilities, storage facilities, and related administrative facilities. 3. Prohibited Activities. The Park Property shall not be used, in whole or in part, for any activity or business which is dangerous or unsafe, constitutes a nuisance, is noxious or offensive by reason of emission of dust, odor, gas, smoke, fumes, noise, glare, vibration, radiation, radioactivity, or electrical radiation, creates an unreasonable risk of fire or explosion, or is in violation of any Environmental Laws (defined below). 4. Structural Exteriors. All structures in the Park shall have exteriors made, coated, or covered only with masonry, steel, glass or a combination thereof. Exteriors of structures in the Park shall not be made, coated, or covered with any other material. The items which may not be used to make, coat, or cover the exterior of a structure in the Park, include, but are not limited to, metal siding, wood siding, cementious fiber board siding, or vinyl siding. 5. Utility Lines and Facilities. All exterior utility lines and facilities in the Park shall be underground, including but not limited to electrical, cable, gas, telephone, water, sewer, and drainage lines and facilities. 6. Governmental Compliance. All applicable requirements of governmental bodies or agencies shall be followed in the development of the Park Property, and all plans and construction must be approved by the applicable government agencies as complying with the applicable governmental laws and ordinances by the County and all other governmental agencies having jurisdiction over Park. 7. More Restrictive. Although these Restrictions are based on County zoning and subdivision regulations, the Restrictions imposed by this Declaration, and the restrictions imposed by the County and the Declarant on their respective properties may, but shall not be required to, be more restrictive than such County regulations. 8. Park Entrance; Streets. The County and the Declarant shall have exclusive control over the design, planning, and construction of the entrances to the Park, and any streets that will be used jointly by the County Property, the SLT Tract, the Option Property, and the Declarant Tracts incorporated into the Park. The County and the Declarant and shall jointly design, plan, and construct, maintain, repair, and replace as needed such entrance improvements Board of Commissioners - October 3, 2022 ITEM: 13- 6 - 3 and streets. The County and the Declarant may jointly designate the areas and any streets included or to be included in the entrances and may record a map or maps of the same in the office of the New Hanover County Register of Deeds. 9. The County or the Declarant may subdivide any Park Property owned by it into smaller tracts, provided that no such smaller tract may be less than five (5) acres in size. No parties other than the County or the Declarant may subdivide any land in the Park, except the owners of adjacent parcels or tracts in the Park may exchange strips or parcels of land between themselves where the number of parcels or tracts of land is not increased and no new parcel or tract of land is created. 10. The record owner, other than the Declarant or the County, of a parcel or tract in the Park Property must begin construction of improvements, including buildings, on its land within twelve (12) months from the date the deed to the initial owner from the County or the Declarant is recorded, and must complete the construction of such improvements, including buildings, within twenty-four (24) months from the date the deed from the County or the Declarant to such initial owner is recorded. In the event construction on a parcel or tract in the Park Property is not begun or completed within the time required by this Section, the record owner of the property can request an extension of twelve (12) months from whichever of the County or the Declarant conveyed the property to the initial record owner, provided good faith efforts have been made to comply with this Section. If the record owner of the property fails to comply with the provisions of this Section, whichever of the County or the Declarant that conveyed the land to the initial record owner shall have the option for a period of six (6) months following the expiration of the applicable period, to repurchase the property from the record owner, at the price for which the property was originally purchased from the County or the Declarant, as applicable, less any indebtedness that is a lien on the property, without regard to and without reimbursement for the value of any improvements that have been made to the property. 11. Property Owners Associations. (a) The County may, but shall not be required to, assign or delegate any of its rights, powers, and obligations under this Declaration to one or more property owners' associations formed by the County, each of whose members is an owner of any part or all of the County Tract or the Purchased Option Tracts. (b) The Declarant may, but shall not be required to, assign or delegate any of its rights, powers, and obligations under this Declaration to one or more property owners' associations formed by the Declarant, each of whose members is an owner of any part or all of the SLT Tract or a Declarant Tract. (c) At such time as they determine that the need exists, the County and Declarant may jointly establish a property owners' association, each of whose members is an owner of any of the following: (i) part of the County Tract, (ii) the SLT Tract, (iii) part of the Purchased Option Tracts, or (iv) part of the Declarant Tracts. Such owners' association shall have the power to levy assessments on all of the County Tract, the SLT Tract, the Purchased Option Tracts, and the Declarant Tracts for such purposes allowed by law that the Declarant and the County may deem appropriate or necessary, including Board of Commissioners - October 3, 2022 ITEM: 13- 6 - 4 but not limited to maintenance and repair of the entrances to the Park, maintenance and repair of streets that have not been dedicated and accepted as part of a public street or road system and are used jointly by the owners of the County Tract, the SLT Tract, the Purchased Option Tracts, and the Declarant Tracts, operation, maintenance and repair such entrances and streets, maintenance and repair any and all storm water management systems that jointly serve the County Tract, the SLT Tract, the Purchased Option Tracts, and the Declarant Tracts, and operation and maintenance of any common property used jointly by the owners of the County Tract, the SLT Tract, the Purchased Option Tracts, and the Declarant Tracts. (d) In the alternative, the rights, powers, and obligations assigned by the County to a property owners association, each of whose members is an owner of part of the County Tract or part of the Purchased Option Tracts, may include, among other things, the County's rights, powers, and obligations set forth in Section I I (c), above. (e) In the alternative, the rights, powers, and obligations assigned by the Declarant to a property owners association, whose members are owners of parts of the SLT Tract or the Declarant Tracts, may include, among other things, the Declarant's rights, powers, and obligations set forth in Section I I (c), above. (f) The above property owners' associations may have such powers, obligations, and responsibilities as the County and/or the Declarant determines they should possess, and the right to form such property owners' associations, with such powers, obligations, and responsibilities is expressly reserved to the County and the Declarant, provided that such powers, obligations, and responsibilities may not conflict with the provisions of this Declaration. 12. Amendments; Termination. The County and the Declarant, acting jointly, may amend this Declaration, without the consent or joinder of any other party, by an instrument executed and acknowledged by the County and the Declarant, and recorded in the office of the New Hanover County Register of Deeds. Such an amendment shall be effective as of the day (the "Recording Date") it is so recorded and shall not apply to property in the Park conveyed by the County or the Declarant by a deed recorded prior to the Recording Date. Any amendment recorded in the office of the New Hanover County Register of Deeds more than eighty (80) years after the Effective Date may amend this Declaration so as to terminate it. Such power to amend or terminate this Declaration may be included in the powers assigned by the County and/or the Declarant to a property owners association or associations, as provided in Section 11. 13. Duration. This Declaration shall be appurtenant to and run with the County Tract, the Purchased Option Tracts and the Declarant Tracts by whomsoever owned and shall be binding upon and inure to the benefit of the County and the Declarant, and their successors and assigns. This Declaration shall remain in full force and effect for eighty (80) years after the Effective Date. Thereafter, this Declaration shall be continued automatically for successive ten (10) year periods without further notice and without limitation, unless terminated as provided in Section 12. Such termination may be effective at any time more than eighty (80) years after the Effective Date and is not required that this Declaration be terminated only at the end of any such ten (10) year periods. Board of Commissioners - October 3, 2022 ITEM: 13- 6 - 5 14. Recitals. The above recitals are contractual in nature, and are hereby incorporated in these Restrictions as fully as if set forth herein verbatim. 15. Enforcement. This Declaration, and its provisions, including but not limited to the Restrictions, may be enforced by the County or the Declarant, or their successors or assigns, regardless of whether or not the County or the Declarant, or their successors or assigns, as the case may be, then own any Park Property, by any record owner of any Park Property, by any record owner of an interest in any Park Property, or by any property owners association formed by the County and the Declarant to which the power to enforce this Declaration has been assigned. 16. Severability. If any provision, sentence, phrase or word of this Declaration, and its provisions, including but not limited to the Restrictions, or the application thereof to any person, entity or circumstance shall be held invalid, the remainder of this Declaration, including but not limited to the Restrictions, or the application of such provision, sentence, phrase or word to persons, entities, or circumstances, other than those as to which it is held invalid, shall not be affected thereby. 17. Case and Tense. In this Declaration, including but not limited to the Restrictions, the singular shall include the plural, the plural shall include the singular, and any gender shall be applicable to all genders when the context permits or implies 18. Reserved Rights. Each of the County and the Declarant retains all of its rights, privileges and powers as an owner of any land that may become part of the Park Property, except as such rights, privileges and powers are expressly restricted, conditioned, or granted to others, by this Declaration. IN WITNESS WHEREOF, the Declarant has executed this Declaration as of the day and year first above set forth. [Add signature block and acknowledgment] [Attach exhibits] Board of Commissioners - October 3, 2022 ITEM: 13- 6 - 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 10/3/2022 Regular DEPARTMENT: Planning PRESENTER(S): Sarah Lipkin Sularz, Housing Planner CONTACT(S): Sarah Lipkin Sularz; Rebekah Roth, Planning & Land Use Director SU BJ ECT: Public Hearing Text Amendment Request (TA22-02) — Request by Austen Truhe and Christina Sheltra, applicants, to amend the Unified Development Ordinance to permit the use of Accessory Dwelling Units in all residential zoning districts. BRIEF SUMMARY: Applicants Christina Sheltra and Austen Truhe have submitted a request for a text amendment to the Unified Development Ordinance (UDO) to allow accessory dwelling units (ADUs) in all residential zoning districts. In February 2022, the applicants purchased a home in an R-15 zoning district with an existing accessory dwelling unit. Though not permitted in the zoning district, an approved accessory structure had been upfitted with the necessary bathroom and kitchen areas that allowed for it to be used as living space, and the home was listed and advertised with the detached apartment highlighted as a selling feature. In order to bring their home into compliance, the applicants have requested that ADUs be allowed in all residential zoning districts based on the potential benefits of affordable housing, affordable short-term rentals, and affordability for home buyers. The applicant's situation may not be unusual in unincorporated New Hanover County. Zoning compliance staff have experienced increased calls regarding ADUs over the past several years. While we have not received specific complaints, residents' questions have led staff to anticipate that some property owners may have used loopholes in the permitting process to up -fit accessory structures or have inadvertently made improvements that allowed the structures to be used as accessory dwellings. Because of compliance concerns, ongoing resident queries, and the potential benefits of ADUs, which are commonly recognized as a way to provide what is known as "missing middle" housing, the county has considered how to best accommodate this use for almost a decade and the recommendation to explore an ordinance to allow accessory dwelling units that are compatible with existing neighborhoods was included in the 2016 Comprehensive Plan. While staff remains supportive of ADUs, the staff proposed amendment does address particular impacts and concerns related to this use, while also limiting which zoning districts will allow for ADUs. Staff recommend ADUs be of permitted use in the RA, R-20, R-IS, R-10 R-7, and PD zoning districts; not in the AR or R-20s which are specifically designed to reduce residential densities and impervious surfaces. Supplemental requirements were shaped by best practices to reduce the likelihood that negative, unintended impacts will occur. Staff considered impacts on communities, neighborhoods, and individuals, as well as impacts that will make ADU allowances effective and safe as a type of housing. As a note, zoning allowances for ADUs would not override HOA covenants which prohibit them. Additional limitations can be a part of conditional rezonings. If the text amendment is approved, staff does recommend the effective date be three (3) months post adoption, to allow for sufficient time to develop an effective permitting process that will ensure that any structures would be in compliance with Environmental Health, Engineering, CFPUA, and state stormwater requirements. This process may extend to conversions that only currently require a Building Safety permit to reduce the number of up -fits that inadvertently circumvent other agencies' review. Board of Commissioners - October 3, 2022 ITEM: 14 The Planning Board considered this request at their September 1, 2022 meeting. One member of the public spoke in opposition, none spoke in support. The Board recommended to add more clarity and consideration on the following: A. That shipping container be added to the list of prohibited secondary dwelling options in Section 4 of the U DO proposed text amendment. B. Specify that ADUs are to only be built on lots with single-family detached homes as principal units. The Board recommended approval (6-0) of the request with the addition of statements A and B above, finding it to be: CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it provides for a range of housing types, opportunities, and choices. They foun d RECOMMENDING APPROVAL of the proposed amendment reasonable and in the public interest because it provides diverse housing options for all residents while preserving community character. Additionally, the recommended updates to the standards will minimize the potential negative impacts of stormwater and parking issues, and reduce the likelihood of loopholes and unintended negative impacts to these residential districts. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff concurs with the Planning Board's recommendation and suggests the following motion: I move to APPROVE of the proposed amendment to the New Hanover County Unified Development Ordinance to allow accessory dwelling units to the RA, R-20, R-15, R-10, R-7, and PD districts, subject to use - specific standards. I find it to be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it provides for a range of housing types, opportunities, and choices. I also find APPROVAL of the proposed amendment reasonable and in the public interest because it provides diverse housing options for all residents while preserving community character. Additionally, the recommended updates to the standards will minimize the potential negative impacts of stormwater runoff and parking issues, reduce the likelihood of loopholes, and other unintended negative impacts to these residential districts. I also move that the amendment will become effective January 3, 2023 to allow staff time to develop an effective permitting process. Alternate Motion for Denial: I move to DENY the proposed amendment to the New Hanover County Unified Development Ordinance to allow accessory dwelling units to the RA, R-20, R-15, R-10, R-7, and PD districts, subject to use -specific standards. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the amendment provides for a range of housing types, opportunities, and choices, I find DENIAL of the amendment request is reasonable and in the public interest because the amendment is not consistent with the desired character of all residential communities in the county and the density or potential uses may adversely impact adjacent neighbors. ATTACHMENTS: Scdpt Board of Commissioners - October 3, 2022 ITEM: 14 Staff Report TA Section 2 TA Section 4 Application Co\er Sheet Application Public Comment Co\er Sheet PC Melissa Sutton-Seng PC Beejay Grob PC Paige Woodruff PC Gaddy Public Comments to City Council 7-22 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as presented by staff. COMMISSIONERS' ACTIONS: Approved 4-0 with an increase of up to 1,200 square feet allowed for accessory dwelling units. Board of Commissioners - October 3, 2022 ITEM: 14 SCRIPT for Unified Development Ordinance Text Amendment (TA22-02) Request by Christina Sheltra and Austen Truhe to amend the Unified Development Ordinance to redefine Accessory Dwelling and to allow for Accessory Dwelling Units in all residential zoning districts. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant's presentation (up to 15 minutes) c. Opponents' presentation (up to 15 minutes) d. Applicant's rebuttal (up to 5 minutes) e. Opponents' rebuttal (up to 5 minutes) 3. Close the public hearing 4. Board discussion 5. Vote on the amendment. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why approval or denial of the rezoning request is reasonable and in the public interest. Example Motion of Aaaroval I move to APPROVE of the proposed amendment to the New Hanover County Unified Development Ordinance to allow accessory dwelling units to the RA, R-20, R-15, R-10, R-7, and PD districts, subject to use -specific standards. I find it to be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it provides for a range of housing types, opportunities, and choices. I also find APPROVAL of the proposed amendment reasonable and in the public interest because it provides diverse housing options for all residents while preserving community character. Additionally, the recommended updates to the standards will minimize the potential negative impacts of stormwater runoff and parking issues, reduce the likelihood of loopholes, and other unintended negative impacts to these residential districts. I also move that the amendment will become effective January 3, 2023 to allow staff time to develop an effective permitting process. Example Motion for Denial I move to DENY the proposed amendment to the new Hanover County Unified Development Ordinance to allow accessory dwelling units to the RA, R-20, R-1 5, R-1 0, R-7, and PD districts, subject to use -specific standards. While I find it to be CONSISTENT with the purposes and intent of the 2016 Comprehensive Plan because the amendment provides for a range of housing types, opportunities, and choices, I find DENIAL of the amendment request is reasonable and in the public interest because the amendment is not consistent with the desired character of all residential communities in the county and the density or potential uses may adversely impact adjacent neighbors. Board of Commissioners - October 3, 2022 ITEM: 14- 1 - 1 Alternative Motion for Approval/Denial: I move to [Approve/Deny] the proposed amendment to the New Hanover County Unified Development Ordinance to establish the allowance of Accessory Dwelling Units. 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 proposed amendment is reasonable and in the public interest because [insert reasons] Board of Commissioners - October 3, 2022 ITEM: 14- 1 - 2 STAFF REPORT OF TA22-02 TEXT AMENDMENT APPLICATION APPLICATION SUMMARY Case Number: TA22-02 Request: To amend Articles 2 and 4 of the Unified Development Ordinance to update permissions to allow for accessory dwelling units (ADU's) in all residential zoning districts. Applicant: Subject Ordinance: Christina Sheltra and Austen Truhe Unified Development Ordinance Subject Article(s) and Section(s): • Article 2: Measurements & Definitions o Section 2.3 Definitions and Terms • Article 4: Uses and Use Specific Standards o Table 4.4.3 Accessory Use Table o Section 4.4.4 Standards for Specified Accessory Uses and Structures BACKGROUND Applicants Christina Sheltra and Austen Truhe have submitted a request for a text amendment to the Unified Development Ordinance (UDO) to allow accessory dwelling units (ADUs) in all residential zoning districts. In February 2022, the applicants purchased a home in an R-15 zoning district with an existing accessory dwelling unit. Though not permitted in the zoning district, an approved accessory structure had been upfitted with the necessary bathroom and kitchen areas that allowed for it to be used as living space, and the home was listed and advertised with the detached apartment highlighted as a selling feature. In order to bring their home into compliance, the applicants have requested that ADUs be allowed in all residential zoning districts based on the potential benefits of affordable housing, affordable short-term rentals, and affordability for home buyers. The applicant's situations may not be unusual in unincorporated New Hanover County. Zoning compliance staff have experienced increased calls regarding ADUs over the past several years, with one official receiving eleven (1 1) calls specifically addressing accessory dwelling units from March 1 3th to August 24rh. Calls logged on this topic are primarily regarding the desire for ADU additions/conversions, permits upfitting an accessory structure into an ADU, dwellings such as RV's acting as ADUs, or wanting to add a "Tiny Home" as an ADU. While we have not received specific complaints, residents' questions have led staff to anticipate that some property owners may have used loopholes in the permitting process to upfit accessory structures or have inadvertently made improvements that allowed the structures to be used as accessory dwellings. TA22-02 Staff Report BOC 10.3.2022 Page 1 of 4 Board of Commissioners - October 3, 2022 ITEM: 14- 2 - 1 Because of compliance concerns, ongoing resident queries, and the potential benefits of ADUs, which are commonly recognized as a way to provide what is known as "missing middle" housing, the county has considered how to best accommodate this use for almost a decade. Previously, in 2014, the county received a request for a text amendment to include ADUs as an accessory use permitted by right in zoning districts: PD, R-205, R-20, R-15, R-10, R-7, Office & Institutional (0&1), Airport Residential (AR), Airport Industrial (AI), Rural Agricultural (RA), and permitted by special use in B-1 and B-2. Applicant Eric Conklin made the request to allow for a place for his aging mother to reside. At the time, staff recommended approval of the text amendment with the elimination of ADU use in the business districts, the 0&1 district, and the Al district to keep the use focused on residential districts. Staff also recommended a definition of ADUs to clarify what would qualify, how they would differentiate from other accessory structures, as well as other additional regulations to preserve the character of any residential district. Based on resident and Board member concerns during the public hearing regarding residency requirements, potential parking issues, and increased density in all zoning districts, the Planning Board recommended denial of the text amendment with a vote of 6-0 in July 2014. Staff indicated that while they were in the midst of developing a comprehensive plan, they had the intention to revisit ADUs during an update to the ordinance, and the recommendation to explore an ordinance to allow accessory dwelling units that are compatible with existing neighborhoods was included in the 2016 Comprehensive Plan. In 2019, as part of the UDO code update project intended to implement the 2016 Comprehensive Plan, accessory dwelling units were added to the permitted use table in the newly created zoning districts, R-5, RMF-L, RFM-M, RFM-MH, RFM-H, and UMXZ. These districts were adapted from zoning designations already successfully used in the City of Wilmington, which include the permitted use of accessory dwelling units. Since the adoption of new zoning districts in 2019, staff has received an increase in inquiries concerning accessory dwelling units throughout the county. The City of Wilmington has recently updated their Land Development Code to include accessory dwelling units in all residential zoning districts permitted with conditions. In addition, New Hanover County and the City of Wilmington created a joint Workforce Housing Advisory Committee (WHAC) in 2019 to make advisory recommendations on procedures, processes, or policies that will promote workforce housing. Following a Comprehensive Housing Study and Survey and in consultation with recommendations by the consultants, the committee identified ADUs as a viable option for increasing the housing stock by providing additional housing options at different price points. STAFF ANALYSIS Accessory Dwelling Units have become increasingly popular throughout the country as a tool to provide affordable and/or flexible housing options without the need for significant infrastructure or further land development. However, in New Hanover County, additional provisions would be required in order to avoid unanticipated impacts to environmental health, stormwater, or other permits and to ensure compliance with fire codes and other regulations that are more rigorous for residential uses. TA22-02 Staff Report BOC 10.3.2022 Page 2 of 4 Board of Commissioners - October 3, 2022 ITEM: 14- 2 - 2 While staff remains supportive of ADUs, the staff proposed amendment does address particular impacts and concerns related to this use. Staff has also taken into consideration concerns brought up at the 2014 Planning Board public hearing, feedback from community members during the UDO project, and changing state legislation prohibiting residency requirements. While the applicant has requested ADUs in all residential zoning districts, Staff recommends updating Table 4.4.3 Accessory Use Table to permit ADUs in RA, R-20, R-15, R-10, R-7, and PD, excluding residential zoning districts AR and R-20S from being permitted by right as those districts are specifically designed to reduce density and impervious surfaces. In addition, staff recommends additional amendments to Section 4.4.4 Standards for Specified Accessory Uses and Structures to update the supplemental requirements. These supplemental requirements were shaped by best practices to reduce the likelihood that negative, unintended impacts will occur. Staff considered impacts on communities, neighborhoods, and individuals, as well as impacts that will make ADU allowances effective and safe as a type of housing. These include the reduction of required off-street parking spaces, considerations of water/sewer capacity, impervious surface runoff, maintaining height standards, and building size limitations. Updated standards would allow ADUs in performance subdivisions but would require setbacks of ten feet. As a note, zoning allowances for ADUs would not override HOA covenants which prohibit them. Additional limitations can be a part of conditional rezonings. If the text amendment is approved, staff does recommend the effective date be three (3) months post adoption, to allow for sufficient time to ensure compliance through an effective permitting process that will ensure that any structures would be in compliance with Environmental Health, Engineering, CFPUA, and state stormwater requirements. This process may extend to conversions that only currently require a Building Safety permit to reduce the number of upfits that inadvertently circumvent other agencies' review. PROPOSED AMENDMENT The application and staff's proposed text amendment is attached, with red italics indicating new language and stFikethFeUgh indicating provisions that are removed. Blue bold text now shows the Planning Board's recommended edits from September 1, 2022. PLANNING BOARD ACTION The Planning Board considered this request at their September 1, 2022 meeting. One member of the public spoke in opposition, none spoke in support. The Board recommended to add more clarity and consideration on the following: A. That shipping container be added to the list of prohibited secondary dwelling options in Section 4 of the UDO proposed text amendment. B. Specify that ADUs are to only be built on lots with single-family detached homes as principal units. TA22-02 Staff Report BOC 10.3.2022 Page 3 of 4 Board of Commissioners - October 3, 2022 ITEM: 14- 2 - 3 The Board recommended approval (6-0) of the request with the addition of statements A and B above, finding it to be: CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it provides for a range of housing types, opportunities, and choices. They found RECOMMENDING APPROVAL of the proposed amendment reasonable and in the public interest because it provides diverse housing options for all residents while preserving community character. Additionally, the recommended updates to the standards will minimize the potential negative impacts of stormwater and parking issues, reduce the likelihood of loopholes and unintended negative impacts to these residential districts. STAFF RECOMMENDATION Staff concurs with the Planning Board's recommendation and suggests the following motion: I move to APPROVE of the proposed amendment to the New Hanover County Unified Development Ordinance to allow accessory dwelling units to the RA, R-20, R-15, R-10, R-7, and PD districts, subject to use -specific standards. I find it to be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it provides for a range of housing types, opportunities, and choices. I also find APPROVAL of the proposed amendment reasonable and in the public interest because it provides diverse housing options for all residents while preserving community character. Additionally, the recommended updates to the standards will minimize the potential negative impacts of stormwater runoff and parking issues, reduce the likelihood of loopholes, and other unintended negative impacts to these residential districts. Alternate Motion for Denial: I move to DENY the proposed amendment to the new Hanover County Unified Development Ordinance to allow accessory dwelling units to the RA, R-20, R-15, R-10, R-7, and PD districts, subject to use -specific standards. While I find it to be CONSISTENT with the purposes and intent of the 2016 Comprehensive Plan because the amendment provides for a range of housing types, opportunities, and choices, I find DENIAL of the amendment request is reasonable and in the public interest because the amendment is not consistent with the desired character of all residential communities in the county and the density or potential uses may adversely impact adjacent neighbors. TA22-02 Staff Report BOC 10.3.2022 Page 4 of 4 Board of Commissioners - October 3, 2022 ITEM: 14- 2 - 4 TA22-02 — ADUs Text Amendment Section 2.3. Definitions and Terms: ACCESSORY DWELLING UNIT (ADU) An ancillary or secondary dwelling unit that is clearly subordinate to the principal dwelling, which has a separate egress/ingress independent from the principal dwelling, and which provides complete independent living facilities for one or more persons, and which includes provisions for living, sleeping, eating, cooking, and sanitation. It is located on the same par-Ge4 lot as the principal dwelling unit and may he either attaGhed to er is detached from the principal dwelling. Accessory dwelling units are also known as accessory apartments, ancillary units, secondary dwelling units, carriage homes, mother-in-law suites, and granny flats. All shall be considered as an ADU. 2-5 New Hanover County, NC Unified Development Ordinance Board of Commissioners - October 3, 202 ITEM: 14- 3 - 1 TA22-02 — ADUs Text Amendment Section 4.4. Accessory Use and Structure Standards 4.4.1. PURPOSE This section authorizes the establishment of accessory uses and structures that are customarily subordinate to principal uses, provided that the accessory use or structure complies with all applicable standards in this section. 4.4.2. APPROVAL OF ACCESSORY USES AND STRUCTURES All principal uses allowed in a zoning district shall be deemed to include those accessory uses, structures, and activities typically associated with this use, unless specifically prohibited in this ordinance. All accessory uses shall be subject to the standards in this section, as well as any applicable use -specific standards required for the associated principal use as set forth in this article. 4.4.3. PERMISSIONS FOR SPECIFIED ACCESSORY USES AND STRUCTURES Table 4.4.3: Accessory Use Table, identifies which uses are permitted by right, permitted subject to approval of a special use permit, and prohibited in each zoning district. Permissions for the RFMU and EDZD districts are outlined in Article 3: Zoning Districts. The meanings of abbreviations in Table 4.4.3 are set forth in subsections A through C below. A. A "P" in a cell indicates the use is permitted by right in the zoning district. Permitted uses, except for exempt bona fide farm uses, are subject to all other applicable standards of this UDO. B. An "S" in a cell indicates that the use is allowed only if reviewed and approved as a special use in accordance with 10.3.5, Special Use Permit. Special uses are subject to all other applicable standards of this UDO. C. A blank cell indicates that the use is not allowed in the respective zoning district. Ikey: TableTable P = Permitted by Right S = Special Use Permit Required blank cell = not allowed Zoning Districts Accessory Uses = 2 2 N O O Ln O LL LL LL LL X o� Q oc o� oc oc o� oc cc W W W a n m V m O in V Accessory Dwelling Unit P P P P P P P P P P P P Accessory Structure P P P P P P P P P P P P P P P P P P P P P P P Accessory Use, Customary P P P P P P P P P P P P P P P P P P P P P P P Dry Stack Boat Storage S S S S P P P P P P Facility, at a Marina Electronic Gaming Operation P P P P Electric Vehicle Charging P P P P P P P P P P P P P P P P P P P P P P P Station (11-16-20201 Farm Stand P P P P P P P P P Home Occupation [77-76-20201 P P P P P P �_P_P P P P P P P P P P P P P P P P 4-62 New Hanover County, NC Unified Development Ordinance Board of Commissioners - October 3, 202 ITEM: 14- 4 - 1 TA22-02 — ADUs Text Amendment 4.4.4. STANDARDS FOR SPECIFIED ACCESSORY USES AND STRUCTURES A. Accessory Dwelling Unit (ADU) Detached accessory dwelling units shall be allowed in districts where permitted by right, subject to the following standards requirements: Only one accessory dwelling unit per lot ,e R shall be permitted. ADUs are only permitted on a lot with a single family detached principal dwelling. by right. 2. One Area SUffieient fer t,,,,e off-street parking spaces shall be required for the accessory dwelling unit required. 3. In all districts excluding RA, the detached dwelling unit shall be accessed using the driveway that serves the principal dwelling unit and shall not be accessed by a separate driveway. 4. If the property is served by a water/sewer utility provider, proof of adequate water and sewer capacity from the appropriate provider (CFPUA, etc.) shall be provided if accessory units are not included in subdivision approvals. If the property is served by well or septic, the unit shall comply with all the well and septic standards of New Hanover County Environmental Health. 5. In the RMF and PD districts, accessory dwelling units ae tS shall only be allowed when constructed in connection with any single family detached dwelling deyelepmer,t allowed within the district. 6. For conventional zoning districts the lot must meet minimum lot area requirements. inGernv'entier'"Irrcrsubdiv;$iGIRS the s,,hient let must evneed the t minimum lvearea of the applieohle Ze,•�iRg district by of least 50 eerneet er Sc &,GW square feet, Whinheyer is lose 7. In performance subdivisions, accessory dwelling units having up to one bedroom shall not be considered a dwelling unit for density requirements, otherwise aPA new accessory units may not increase density beyond the maximum allowed in the applicable zoning district. 8. The total gross floor area of an accessory dwelling unit shall not exceed 1,000 square feet. The entire assesses , Init shall not evneed 50 perse Rt of the press tetel eRdesed heated se, sere feetage of the evistiRg siRgle_femil dwelliRg eY 1,200 square feet Whinheyer is less. 9. The side setbacks for the detached unit shall be no less than required for the principal structure and a minimum of five feet. 10. Rear setbacks for the detached unit shall be a minimum of five feet. 11. The det�ed accessory dwelling unit shall be located in the rear yard completely behind the plane of the front rear facade of the principal structure unless constructed over a detached garage. 12. In both conventional and performance subdivision developments, the accessory dwelling unit shall be located a minimum of ten (10) feet from any other structure, including other accessory structures. The s ide 13. An existing accessory structure can be converted to an accessory dwelling 4-64 New Hanover County, NC Unified Development Ordinance Board of Commissioners - October 3, 202 ITEM: 14- 4 - 2 TA22-02 — ADUs Text Amendment unit, if it meets all non -dimensional standards listed in Section 4.4.4.A, even if it does not comply with the built dimensions stated in Section 4.4.4.A. For this ordinance, existing accessory structure shall not apply to any structure built after the effective date of this amendment (Effective Date XX"202X). 14. Must comply with Article 9 of the UDO Floodplain Requirements. 15. Property owners must provide verification that the proposed accessory dwelling unit complies with the allocation of impervious surfaces allowed by the subdivision's state stormwater permit. 16. A drainage plan subject to approval by New Hanover County Engineering shall be required for any additions or new structures associated with the accessory dwelling unit. 17. Mobile homes, RVs, shipping containers, and manufactured homes shall not be permitted as accessory dwelling units. 4-64 New Hanover County, IN Unified Development Ordinance Board of Commissioners - October 3, 202 ITEM: 14- 4 - 3 Initial Application Documents & Materials Board of Commissioners - October 3, 2022 ITEM: 14- 5 - 1 NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 1 10 Wilmington, North Carolina 28A03 Telephone (910) 798-7165 FAX (9 7 0) 798-7053 plan ningdevelopment.nhcgov.com UDO TEXT AMENDMENT APPLICATION This application form must be completed as part of a text amendment application submitted through the county's online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the application, are set out in Section 10.3.1 of the Unified Development Ordinance. (Optional) Pre -Application ConferIL ence 1. Applicant Information Name Company Address City, State, Zip Phone Email Public Hearing Procedures 1 4 5 6 Planning Board Board of Post -Decision Hearing & Commissioners Limitations and Recom- Hearing & Actions mendation Decision Board of Commissioners - October 3, 2022 Page 1 of 3 ITEM: 14- 6 - 1 Text Amendment Application — Updated 1 2-2020 2. Proposed Amendment Current Unified Development Ordinance (UDO) Article: Current UDO Section(s) and Subsection(s): Proposed amendment to the above sections)/subsection(s) (attach additional pages if necessary): Reason for request, citing consistency with 2016 Comprehensive Plan and any other relevant plans, development trends, problems posed by existing language, etc. (attach additional pages if necessary): Board of Commissioners - October 3, 2022 Page 2 of 3 ITEM: 14- 6 - 2 Text Amendment Application — Updated 1 2-2020 Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under "Applicant Initial". Applications determined to be incomplete must be corrected in order to be processed for further review. Application Checklist Applicant Initial ❑ This application form, completed and signed ❑ Application fee: $400 ❑ One copy of ALL documents. Additional hard copies may be required by staff depending on the size of the document. 3. Acknowledgement and Signatures By my signature below, I understand and accept all of the conditions, limitations and obligations of the text amendment for which I am applying. I certify that this application is complete and that all information presented in this application is accurat to the best of my knowledge, information, and belief. Signature of Applicant(s) Print Names) If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will be calendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. Board of Commissioners - October 3, 2022 Page 3 of 3 ITEM: 14- 6 - 3 Text Amendment Application — Updated 12-2020 Public Comments In Support X Neutral 1 In Opposition 3 Comments originally 25 submitted to Wilmington City Council Board of Commissioners - October 3, 2022 ITEM: 14- 7 - 1 For the best experience, open this PDF portfolio in Acrobat X or Adobe Reader X, or later. Get Adobe Reader Now! Board of Commissioners - October 3, 2022 ITEM: 14- 8 - 1 From: Farrell. Robert To: Lipkin Sularz. Sarah Subject: FW: Public Comment on TA22-02: Citizen request for ADU allowance. (PB 9-1-2022) Date: Thursday, August 25, 2022 12:52:58 PM Robert Farrell (He/Him/His) Senior Current Planner New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7164 p 1 (910) 798-7053 f rfarrell@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com From: mvolkmar=nhcgov.com@webformsnhcgov.com <mvolkmar=nhcgov.com@webformsnhcgov.com> On Behalf Of Beejay Grob Sent: Thursday, August 25, 2022 12:52 PM To: May, Katherine <kmay@nhcgov.com>; Roth, Rebekah <rroth@nhcgov.com>; Vafier, Ken <kvafier@nhcgov.com>; Farrell, Robert <rfarrell@nhcgov.com>; Meredith, Ron <rmeredith@nhcgov.com>; Doss, Amy <adoss@nhcgov.com>; Griffee, Julian <jgriffee@nhcgov.com>; Dickerson, Zachary <zdickerson@nhcgov.com> Subject: Public Comment on TA22-02: Citizen request for ADU allowance. (PB 9-1-2022) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Beejay Grob Address 1018 41 st Street Wilmington, NC 28403 United States Email Projects available for comment. TA22-02: Citizen request for ADU allowance. (PB 9-1-2022) What is the nature of your comment? Oppose project Public Comment We, the indigenous people of midtown do not buy the White lies; outbuildings are additional housing on the same land. Do not destroy our ambient way of life with flooding, congestion; the size of a settler's wampum belt should not be a lawmaker's sole consideration. Board of Commissioners - October 3, 2022 ITEM: 14- 9 - 1 Friday, August 19, 2022 To the New Hanover County Planning Board, would like to address Item 2, the "request by Austen Truhe and Christina Sheltra, applicants, to amend the Unified Development Ordinance to permit the use of Accessory Dwelling Units in all residential zoning districts." I oppose this request, and confidently state that my neighbors of Audubon & Devon Park; more specifically Edgewood & Idlewild, would also oppose this request. My reason is that beginning in April, 2022 (and earlier), we organized to oppose a proposal for rezoning in Edgewood, and stated our pleas at The July 19, 2022 City Council Meeting. See the archived video of The City Council Meeting starting at 2:02:30 for the opposition and debate: https://www.wilmingtonnc.gov/departments/city-manager/gtv8/city-council-archive The builder, Michael White of Karma Rentals LLC proposed to rezone from R-10 to R-5 to turn what was previously 4 lots into 9, in which he stated his intention was to build 9 single family homes. Residents/citizens of Edgewood, Idlewild, and surrounding areas wished for him to keep the zoning and build garage apartments, also known as accessory dwellings, on the underutilized lots, which only contain 3 single family homes on the 4 lots. Our recommendation would increase the dwellings from 3 to 8, and keep with the character of our arguably historical neighborhood in which garage apartments on larger lots are a mainstay. If he was granted the rezoning and his plan for 9 new lots, we asked for the condition to not allow additional accessory dwellings, as we felt increasing the lots to 9 single family homes was plenty, and that more than that was definitely inappropriate for the character of our neighborhood. The pressure at the City Council Meeting was intense enough that Michael White was forced to speak on his own behalf (his secretary Cindee Wolf of Design Solutions usually does all the talking) and revealed for the first time that he did indeed have plans to build accessory dwellings on each of the 9 single family homes, increasing the dwellings to 18. The City Council granted him rezoning so that he would be liable to make improvements to the road and stormwater (there was confusion about whether he would be obligated to make these improvements without rezoning and this obscurity was never clarified). The Council also granted us our condition to forbid accessory dwellings in his building plans. Board of Commissioners - October 3, 2022 ITEM: 14- 10 - 1 Residents in opposition followed N.C. Legislation, Article 6, Development Regulation § 160D-603 on citizen commentary to submit over 30 public comments. I will attach a document with most of the compiled written comments in this email. Many more residents were informed because of door to door efforts, and were unanimously, verbally in opposition to rezoning our neighborhood, although we are not entirely against new development. What became apparent to everyone in attendance that night at The City Council Meeting was that listening to the needs of the residents who know their neighborhoods best, finding the necessary compromises for both parties, and being the protecting force for our neighborhoods is the duty of The City Council, and is in their power only to do so, because builders and developers hold their playing cards close. They will, and they do, take every inch of leeway that they are permitted, even if it is inappropriate and to the detriment of the neighborhood. For these reasons I ask The Planning Board to reject the request "to permit the use of Accessory Dwelling Units in all residential zoning districts." This blanket ordinance creates another loophole for builders and oversteps the process of public input to decide what, why, and why not projects will fit their specific neighborhoods. Our process of public input already heavily favors the interests of developers and builders and for that reason amongst other reasons citizens/residents are uninspired, disenfranchised, and largely discouraged to participate and understand the process. This is problematic to the vibrancy and prosperity of our city in the long-term. Thank you for your time and consideration. Sincerely, Paige Woodruff 938 41 st Street Wilmington, N.C. 28403 Board of Commissioners - October 3, 2022 ITEM: 14- 10 - 2 From: Farrell, Robert To: Lakin Sularz. Sarah Subject: FW: Public Comment on TA22-02: Citizen request for ADU allowance. (PB 9-1-2022) Date: Friday, August 19, 2022 3:48:15 PM Not sure if anyone sent you this or told you about it yet or not. This is the public comment portal where folks can give their thoughts on items going to the boards. -Robert Robert Farrell (He/Him/His) Senior Current Planner New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7164 p 1 (910) 798-7053 f rfarrell@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com From: mvolkmar=nhcgov.com@webformsnhcgov.com <mvolkmar=nhcgov.com@webformsnhcgov.com> On Behalf Of Robert & Mary Gaddy Sent: Friday, August 19, 2022 1:29 PM To: May, Katherine <kmay@nhcgov.com>; Roth, Rebekah <rroth@nhcgov.com>; Vafier, Ken <kvafier@nhcgov.com>; Farrell, Robert <rfarrell@nhcgov.com>; Meredith, Ron <rmeredith@nhcgov.com>; Doss, Amy <adoss@nhcgov.com>; Griffee, Julian <jgriffee@nhcgov.com>; Dickerson, Zachary <zdickerson@nhcgov.com> Subject: Public Comment on TA22-02: Citizen request for ADU allowance. (PB 9-1-2022) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Robert & Mary Gaddy Address 1017 43rd St Wilmington, North Carolina Wilmington United States Map It Email gadcompounda-yahoo.com Projects available for comment. TA22-02: Citizen request for ADU allowance. (PB 9-1-2022) What is the nature of your comment? Oppose project Public Comment We oppose the allowance of ADU being allowed for ALL residential buildings. R5 zoned lots are too small Board of Commissioners - October 3, 2022 ITEM: 14- 11 - 1 to support additional dwellings.... parking becomes an issue..... even lack of proper storm drainage..... increase in traffic in areas that are already overloaded with traffic.... What about areas such as Cedar Ave. where R5 zoning was just approved with the condition that no ADU would be allowed.... would that be able to be changed? .... WE CERTAINLY HOPE NOT! Board of Commissioners - October 3, 2022 ITEM: 14- 11 - 2 statement for next City Council Meeting �<paigewoodruffl4 grrtail.com 6/30/2022 2:29 PM Gl PW To Penny Spicer-Sidbury Cody norezone@mailbox.org, coun:ciIC@wiImingtonnc.gov I am writing to strongly oppose your proposal to change the rezoning of our beautiful neighborhood community. Please do not change this. Keep R-10. My name is Kaye Bruestle at 4001 Cedar Ave., 28403. My husband Darryl and I moved to this area in June, 1975. We reared three great children who have memories of growing up here, a very happy childhood. My husband Darryl Lee Bruestle served as Wilmington Chief of Police for 16 years. After retiring, he remains active in all areas of law enforcement here in Wilmington, NC. He is a long term member of our local Rotary Club. His reputation stands impeccable; very respectable and loved throughout this community. At present, he is at Davis Community Rehab Facility and is unable to be his own spokesman in our opposition to this rezoning proposal. Changes that have been proposed will affect this entire neighborhood and areas surrounding it. To consider this as "progress" is wrong and will only destroy something too valuable. As members of City Council, you know in your hearts that this proposal would greatly affect your own neighborhoods and would not be worthy of your consideration. Do what is right and look it squarely in the face of justice and fairness for all of us. I respectfully submit these comments and pray they will make a difference. Board of Commissioners - October 3, 2022 ITEM: 14- 12 - 1 Board of Commissioners - October 3, 2022 ITEM: 14- 12 - 2 Board of Commissioners - October 3, 2022 ITEM: 14- 12 - 3 CO Board of Commissioners - October 3, 2022 ITEM: 14- 12 - 4 Dear Council Members, am writing in regards to the proposed rezoning request at 4127, 4211. 4219 and 4221 Cedar Ave. I have lived at my residence at 4209 Wrightsville Avenue for 25 years and I access 41 st and Cedar from the alley behind my house. This is the main access to my home because of the increasing traffic on Wrightsville Avenue. Over the years the pressure to redevelop and rezone property around our neighborhood has intensified but fortunately our neighborhood has been able to withstand this pressure. Unfortunately, there are numerous efforts currently underway to rezone developed and vacant R-10 properties in our neighborhood to higher density. There is no need for this in our neighborhood. The R-10 zoning allows for 2 living units per lot under current zoning. The 4 lots on Cedar would allow 8 units and the request to rezone is only to gain one additional unit. The beauty of R-10 zoning is it allows for a main living unit which in our market has become increasingly more expensive but also allows for a smaller more affordable garage accessory apartment. The issue with changing to R-5 zoning requires a manipulation of the land planning in order to try to "fit" it into the neighborhood. By doing so it compromises the existing pattern of development and is out of character with the neighborhood. The newly formed plan changes the orientation of the houses to the existing street frontage and now the backs of several houses are oriented to the side of existing single lots thus diminishing the privacy of the existing home. The Edgewood and Audubon neighborhoods are some of the most stable and character defining neighborhoods in the City. They have withstood the test of time as originally planned and developed as more intensive development has taken place around us. Please help us by maintaining the existing R-10 zoning and development pattern. Sincerely, Mark Saulnier City Council Members We are Bernhard and Song Thuersam at 1030 43rd Street and have resided in the historic Edgewood community since 1992. Regarding the requested rezoning of 4 lots on Cedar Avenue and elsewhere near historic Audubon from R-10 to R-5, we wish to convey our very strong opposition to any increase in density. Board of Commissioners - October 3, 2022 ITEM: 14- 12 - 5 Our neighborhood of Edgewood is an outgrowth of the trolley suburb planning of Historic Audubon. The long -tradition of single-family lots — many being 70' x 200' -should be strictly maintained as well as the orientation of main house to the street. Many homes here have garage apartments which has been a boon to affordable housing for young couples and single persons. The density this traditional arrangement provides must be maintained and complemented. We understand the applicant is responsible for the attractive home at 4014 Wrightsville Avenue. Also, the applicant renovated an early-1920s Bungalow at 4012 Wrightsville Avenue into a beautiful addition to our area with exceptional and high -quality landscaping. These recent projects strongly reinforce maintaining our R-10 zoning and no compelling reason for increased density. This is a fine example of following the existing zoning and predominantly traditional architecture of the area. These and a newer home recently built on Cherry Avenue are positive additions to our area and reinforce its longtime single-family, one home per lot character and each home oriented to the street. The applicant was surely aware of the R-10 zoning of the four Cedar Avenue lots prior to purchase and could have found higher -density zoned areas in which to build his project. If the applicant is allowed to rezoned these lots to a higher density, we know this will only bring additional requests for adjacent properties to do the same and thus undermine the quiet character of our neighborhood which has been a longtime asset to the city. This is essentially "spot zoning" within a stable R-10 area. We encourage the applicant to work within our existing zoning requirements and place our neighborhood's integrity, character and stability above the simple profitability of only one more unit gained. Sincerely, John Bernhard and Song Sook Thuersam — 1030 43rd Street. My name is Michael Marcelli, I work in the film industry and have lived at 1018 41 st Street for 20 years and at 1034 41 st for several years before that; and my long-time companion, also in the film industry, has lived at 4120 Cedar until recently moving to 1018 41st as well. We are on our last house payment at 1018 41 st, and we both strongly oppose the rezoning of our small, 4-street neighborhood. Board of Commissioners - October 3, 2022 ITEM: 14- 12 - 6 At the zoning meeting, the developers misrepresented our enclave as "adjacent" to South Kerr, it is not. South Kerr runs outside of the large drainage ditch and swath of old growth behind the businesses on South Kerr, and is not accessible even on foot. Likewise, Cedar Avenue is across the same drainage ditch after it bends 90-degrees at the edges of the proposed development and runs parallel to Wilshire Blvd. This means that on paper, it looks like we are right there with the multi -unit housing and businesses on Wilshire; we are not, it is entirely separate and you are being deceived when Mr. White's team tells you this is all the same area. R-10 zoning, not R-5. Whether or not you hear from every resident in Idlewild/Edgewood, the residents are 100% opposed to R-5 development —these are our long-time neighbors, we talk. You may not get a huge response for two reasons --one, we lack the density to give you a rousing turnout and two, those who do live here are largely elderly and often infirm and unable to speak their mind but rest assured we are unanimous, we do not think R-5 development for ANY of the tracts being bought up in our neighborhood is appropriate. We are already a giant cut -through, for one. Further, this is a really low-lying area. Overdevelopment is going to worsen the flooding we already get on Montclair, 41 st in the back yards on both sides of the street that face the weltands tracts, and on Cedar in front of the pond house at Montclair. Sometimes when we are not in a drought like now, you can smell the sewerage from the storm drains that just cannot handle it now —adding this many houses is simply not a sound idea. These lots were bought as R-10, knowingly. Now they want R-5 for them so they can make money. We all like to make money, but this is being done at the expense of the current taxpayers who live here, and we do not like it. We collectively hope you will do the right thing, we would like consideration in this. Thank you. Michael Marcelli, Beejay Grob Board of Commissioners - October 3, 2022 ITEM: 14- 12 - 7 To whom it may concern, Hello, my name is Kirra Beitel, resident and owner of 917 Montclair Dr. Wilmington, NC 28403. Having lived my entire life in the city of Wilmington I have a deep love and appreciation for the place we are all so lucky to call home. This is why I have grave concerns for the over -development proposed in my neighborhood as being an extreme threat to the City of Wilmington in the sense of keeping the beauty, our flora, and the rich history intact for visitors and future generations alike. My parents both moved to Wilmington in the 1970s to attend UNCW, to which my brother and I are also alumni. Our entire family has chosen year after year to continue to call Wilmington home. Much has changed over the years and the rate of over -development is quickly eroding Wilmington's charm. This is why I am submitting my argument against the rezoning of 938, 1121, and 1125 Montclair Ave. and 4127, 4211, 4219, 4221 Cedar Ave. (Wilmington, NC 28403). The land on Montclair Dr. and Cedar Ave. is currently zoned as R-10. This property can not risk a rezoning to a higher density zoning, (specifically R-5) due to protecting the character of our neighborhood and preserving our breath -taking tree canopy. The owner of the land in question, Michael White of Karma Rentals LLC, fully understood that our neighborhood is zoned for R-10 when he purchased the lots. As a developer, it is his duty to have a plan for development within the current laws of R-10 zoning, thus, he will still be able to develop his land, we are just asking to keep the current density zoning while doing so. Mr. White frequently references the house and garage apartment he built on 4014 Wrightsville Ave. as an example of how the new homes will look. I would like to make it very clear that this is not an accurate representation of the new development since this property sits on a lot of almost 17,000 sqft (16,988 sqft to be exact), over 3 times the size of his proposed zoning for our neighborhood (5,000 sqft per lot). With the current R-10 zoning of the Montclair properties, he could build 6 homes with 6 garage apartments just like the one on Wrightsville Ave. that they use as an example. This makes for a total of 12 structures, or just 1 structure short of their current plan to develop 13 homes. On Cedar Ave. the four lots with our current R-10 zoning would allow for 4 homes and 4 garage apartments, making 8 total structures, or 1 less than proposed. Through this method they would be able to maintain the characteristic of our neighbourhood with the appropriate space between homes and more flexibility to keep mature trees on the property. Mr. White also states that his development will alleviate the affordable housing shortage in Wilmington. This could not be farther from the truth. Let's break down the numbers: Board of Commissioners - October 3, 2022 ITEM: 14- 12 - 8 • Affordable housing is considered 30% of less of an individual's income. • Per our neighborhoods census tract code, the medium income is $52,713. • 52,713 x 30% _ $15,814 as an annual housing budget, or $1,318 monthly. • Current average interest rate for a 30-year fixed mortgage is 5.73%. • Assuming property taxes are $1,500, home insurance is $1000, and our new neighbor is able to make a generous 20% down payment, the average person could not afford a home valued at $240,000 or higher. (https://www.mortgaaecalculator.ora) Examining his other projects, it is hard to believe Mr. White is planning to sell these new homes at an affordable price point to combat Wilmington's affordable housing issue they claim to address, making his argument for this obsolete. Reading through the Application for Conditional Zoning Map that was submitted on behalf of Michael White and Cindee Wolf, they claim that single -person households (who they believe will dominate the future housing market) prefer a smaller lot size. As the sole owner and occupant of my property (14,000 sqft lot) they claim my demographic would like to live on less land, when in fact I purchased my house largely due to the size of the lot it was on. During the home buying process I was originally only interested in homes in downtown Wilmington due to their charisma and history, however after living in the area for a year and touring homes, all I wanted was more space and to be able to enjoy an adequate sized yard. This has been a universal feeling I have heard from my colleagues and people in my demographic of first-time home buyers. I would also like to note that in the Application, the language "slightly higher density" is used in response to question #4 when describing the proposed rezoning of R-10 to R-5. It needs to be clear that doubling the density of the lots is not slightly higher density. To all the above points, I respectfully ask that the Planning Commision and City Council, as voices of the people, stand in solidarity with the residents of Idlewild and Edgewood and keep the properties on Montclair and Cedar Ave. zoned as R-10. We understand that change and development is inevitable, but it is possible to do so elegantly at the current zoning level of R-10. Thank you for your time and I look forward to having you all hearing our concerns in person at City Hall. Respectfully, Kirra Beitel 917 Montclair Dr. Wilmington, NC 28403 Board of Commissioners - October 3, 2022 ITEM: 14- 12 - 9 Hello Ms. Spicer-Sidbury, I am writing to you as our Wilmington City Clerck and am providing the attachment Statement titled "7-19 Letter to city council". I wish for this statement to be presented to our Council Members at the upcoming meeting on Tuesday 7-19-2022. The subject of this letter is regarding a proposed development in Wilmington's Edgewood community at 4127, 4211, 4219, & 4221 Cedar Ave 28403. I am a long-time Wilmington resident and I can be reached at: John Workman 4007-B Wrightsville Ave Wilmington, NC 28403 910-726-4704 Thank you for your assistance in this matter and, Best Regards, John Workman 7/15/2022 To our Wilmington City Council Members, I am writing to express my opposition to the proposed rezoning of the properties at 4127,4211, 4219, & 4221 Cedar Avenue. I do not object to the development of these parcels. I do object strongly to the proposed rezoning from R-10 to R-5. I sincerely hope that as members of our City Council, and leaders our beautiful city, you will ensure that all new development along the historic Wrightsville Avenue Corridor, and its associated neighborhoods, is compatible with the character of the area. Board of Commissioners - October 3, 2022 ITEM: 14- 12 - 10 I agree with the majority of residents in this community, that the proposed development of the properties, as it stands, is not in keeping with the neighborhoods character, based on mass & density, scale, height, materials, and context. The proposed re -zoning to R-5 lot size will not build on existing design standards in place for properties located in the Idlewild/Edgewood communities. My vote is with the majority on this issue; lets protect single-family use and neighborhood density. In fact, lets strive even harder to encourage single- family residential uses that are in keeping with the adjacent properties and neighborhood zoning. We can make Wilmington an even greater treasure than it already is IF, when considering zoning/land use changes, we encourage and recommend the rezoning of smaller parcels to residential R-10 or R-15. More homes along and around the historic Wrightsville Avenue Corridor like the Page -Ward House at 3917 Wrightsville Avenue and the Fenley-Starnes House at 3617 Wrightsville Avenue, both large homes on large parcels of land, have added to real charm and character to our neighborhood for over 100 years. Let's move in that direction in this historic part of town and leave the high -density, small lot development for other areas of our city that remain undeveloped, such as along Randall Parkway or N. Kerr Ave. Thank you for your consideration. I hope for an uplifting and forward thinking decision on this issue. Best Regards, John Workman Dear Ms.Spicer-Sidbury, I have been a resident of N.C. since 2002. Since 2018, my permanent resident has been 4019 Wrightsville Avenue here in Wilmington. Most recently I have been aware that there might be some terrible changes in the neighborhood - namely the re -zoning of R-10, which I am completely against. I do not want the building of 4127,4211,4219 and 4221 Cedar and 938,1121 and 11250 Montclair as it stands to re -zone. Board of Commissioners - October 3, 2022 ITEM: 14- 12 - 11 I am writing to ask you not to change R-10 to a R-5 zone. Please consider my plea in your next City Council meeting on July 19, 2022. Thank you. Sincerely, Susan Hansen Persons of Council, I am writing this letter to voice my opposition to the proposed rezoning of 4127,4211,4219 and 4221 Cedar Ave. as well as 938, 1121 and 1125 Montclair Dr. I understand our neighborhood is labeled as Neighborhood -Scale Infill Development In Wilmington's Comprehensive Plan. I am not opposed to development, but to preserve the character of our neighborhood, myself and many others would like to see it done without rezoning. There is still ample space to remain R-10 and build single family homes to help meet the housing needs without overcrowding and further depleting what little green space the inner city has left. Across the country developers are swooping in and buying up any undeveloped neighborhood property and building on it. It is nowhere more apparent than here in Wilmington, where many see it as unregulated growth, making a once wonderful mid -sized town into a large, overcrowded city. I am 63 and have lived here my entire life and have seen some positive changes, and many things go steadily down hill. Property values and taxes continue to rise, crime and traffic worsen. Services and the QUALITY of LIFE continues to go down. Rezoning is a fight we will have to continue to wage unless our neighborhood is removed from classification of "infill development". We are not a wealthy neighborhood, and cannot afford an attorney to fight this battle for us. It is YOU, our elected officials, that should be looking out for the people you serve and listening to their concerns. Way too much leeway is given to developers that want to make profit and walk away without considering the effects, needs and wants of long time residents. Please consider and act positively on our request to keep our area the small, quant, uncrowded neighborhood that we moved to and have enjoyed for many years. Sincerely, Board of Commissioners - October 3, 2022 ITEM: 14- 12 - 12 Henry C Foreman 140 G1iTA0@1Ri F11io]a Wilmington,NC 28403 Dear Ms. Penelope Spicer-Sidbury, have lived at 944 Page Ave. since 2018, and been a Wilmington resident since 1989. Previously I have owned homes in historic downtown. I am writing in regards to rezoning proposals for 4127, 4211, 4219, and 4221 Cedar Ave. as well as a future proposal for 938, 1121, and 1125 Montclair Dr. Please give my statement to the City Council for their next meeting, currently scheduled for July 19. I was a real estate agent and developer starting in 1989 until about 2008 here in Wilmington. I believe in "choice cutting" instead of clear -cutting when developing property. There is nothing man -engineered that can do a better job at absorbing water than trees, not even underground cisterns, which would also need maintenance over time. Plain and simple, we are overbuilt in the city of Wilmington, and it shows where live here on Page Ave. There is severe flooding at both ends of this street where it meets Wilshire Blvd. and Wrightsville Ave. No one in the city can figure out how to fix the flooding. Again, cutting down more of our trees and building in an area that has not yet been delineated as a wetland, but was once referred to as wetlands by the city, will only worsen the flooding problems. We need to keep green spaces to help with the flooding, and we need to build appropriately to the current R-10 zoning in this neighborhood. Higher density in this neighborhood is not appropriate. Keep Cedar Ave. R-10. Keep Montclair Ave. R-10. There are also many breeding pairs of barred owls, other bird species, and wildlife in this neighborhood because of the older trees here that residents enjoy. We want to protect their home too. Sincerely, Cynthia Nathans Board of Commissioners - October 3, 2022 ITEM: 14- 12 - 13 To all that it may concern, My name is Joseph ODonnell I live at 4002 Cedar ave in wilmington. I am writing this letter to oppose the re -zoning of my neighborhood . Address in concern are 4127,4211,4219,and 4221 cedar as well as 938,1121,1125 Montclair dr. We DO NOT want our neighborhood re zoned and want to keep the appropriate R-10. 1 also feel we need to have us removed from the " infill development" classification. We are a small lot area and this does not fit the principles of the of the infill character. We are a R-10 treasured neighborhood and want to keep that. These comprehensive plans that have been presented are NOT correct. The developer bought the properties in a R-10 and thus should stay an R-10 and NOT be changed to an R-5 just for his soul purpose to make money. I do not object of him to put up a new home in the place of the others to make the neighborhood nicer but to put more than the already constructed home just for his and the cities want for for money is WRONG! Sincerely Joseph ODonnell 2nd submission: No rezoning, My name is Joseph O'Donnel I live at 4002 cedar ave, Wilmington NC 28403. There is a developer that is trying to re zone on both sides of my home on cedar ave and the plan is NOT good plan for this family neighborhood.The addresses in question are 4127,4211,4219, and 4221 cedar as well as 938,1121, and 1125 montclair dr. We want to keep it a R-10 that is our neighborhood. The builder bought it as a R-10 and it should stay that way to be consistent with what we already have . The comprehensive plan and infill development is NOT right for our neighborhood and should be removed from that. we are small homes on small lots and want to continue the character of this neighborhood. Who came up with this comprehensive plan? Surely no one that lives in our neighborhood! Even the homes on montclair are not R-10 homes. Keep our zone the same and Michael can build a few nice home to add to out wonderful neighborhood but under the guidelines of R-10 zoning Sincerly Joseph O'Donnell homeowner and family man of 4 on cedar ave. Penelope Spicer-Sidbury, My name is Jill O'Donnell. I live at 4002 Cedar Ave with my husband two school aged children and our little dog. The neighborhood that I live in is made up of mostly small lots with single family homes zoned for R-10. The city council meeting on 7/19 there will be requests by developers to rezone our quiet quaint neighborhood. I am highly opposed to this notion. In The Comprehensive Plan there is a map on page 24. The area called "Areas of Opportunity" is our neighborhood called Idlewild or Edgewood. It is NOT in the best interest of the residents in this small knit community to rezone for small -lot infill development. I propose that you remove our neighborhood from this classification of infill development. It would be out of character in our neighborhood to change the zoning to R-5. Michael White knew he was buying R-10 zoned properties when he bought 4127, 4211, 4219, 4221 Cedar Ave. and 938, 1121, and 1125 Montclair. There is a way for this developer to get a good return on his investment with the current zoning R-10 kept in place. Board of Commissioners - October 3, 2022 ITEM: 14- 12 - 14 The high density development would bring an influx of traffic these narrow streets do not have room for. Currently two compact cars can barely pass each other. The high density traffic problem currently on Wrightsville Ave between College Rd and Kerr Ave would become unmanageable. Our tiny school Winter Park is maxed out where my kids go to school. Rezoning for R-5 would be a mistake. Keep our area zoned appropriately at R-10 to protect the character of our treasured tight knit neighborhood. Please consider my request and don't let money drive our wonderful Wilmington neighborhood into a high density cluster of mismatched housing styles. Listen to the people and keep the R-10. Thank you for your time, Jill O'Donnell To: City Clerk, Penelope Spicer-Sidbury From: Jill Hari 4209 1/2 Wrightsville Ave. Wilmington NC 28403 Re: Upcoming City Council Meeting July 19, 2022 I am deeply concerned about the proposed rezoning and development in the Edgewood/ Idlewood neighborhood. These areas contain some of the few remaining areas that have older growth trees. These trees not only help promote rain in a coastal region that often experiences drought, they also provide protection from tropical storms and hurricane force winds. Part of what is drawing new residents is the charm of Wilmington which includes lower density wooded communities. When these sections are bulldozed to accommodate higher density housing, we lose the beneficial aspects of the older growth trees and the charm that makes Wilmington both the city of bees and the city of trees. I do not want rezoning in our neighborhood. Keeping R-10 zoning retains the integrity of our neighborhood, and allows for steady growth as defined in the comprehensive plan. I live in a unique and treasured neighborhood of Wilmington, and need R-10 zoning to remain in effect in order to protect the character of this neighborhood. Furthermore, rezoning to R-5 is unnecessary because 4127, 4211, 4219, and 4221 Cedar Ave. as well as 938, 1121, and 1125 Montclair Dr. are not even developed to R-10 standards. It is clearly profitable to build houses and garage apartments on this scale on R-10 lots. This model is what fits the character of our neighborhood. Board of Commissioners - October 3, 2022 ITEM: 14- 12 - 15 Wilmington can grow and retain its charm and character if the city will support the requests of its residents and the essence of its properly zoned neighborhoods. Thank you, Jill Hari Hi, my name is Michael Parker and I have lived in my house at 910 Montclair for over a decade. I strongly oppose rezoning of this neighborhood. I'm a homeowner, a resident, this is my home; I'm not trying to become some landlord or real estate speculator, and changing this neighborhood from R-10 zoning will only give more power to these groups that frankly already hold an unbalanced amount of power all over this city. It's not going to do a thing to alleviate the extraordinarily high housing costs in Wilmington either. What it will do is line a few pockets and little of that money is going to benefit the community. Rezoning will hurt the community in a number of ways too. It would go from being reasonably walkable/bikeable to ... like the rest of this city, i.e. not walkable or bikeable at all unless you have a death wish. There are precious few green spaces with trees in this part of town anymore, and rezoning would be it for our little patch. We have all kinds of wildlife we share this small area with. I see whole families of foxes all the time at the corner down by those wetlands. We'd have less flora and fauna and lots more traffic and pollution. What's more, we all know there are already massive problems with drainage and flooding. Try turning down Wilshire from College or Kerr after even a moderate amount of rain. You will be lucky not to mess up your car, and the kind of big profit -seeking development that would come with rezoning would advance far ahead of the necessary infrastructure. I'm talking about moderate rain. Wait for a hurricane! This neighborhood is good the way it is. R-10 zoning makes it a neighborly place to live and not a mere commercial opportunity for people who don't even live here. We have a nice diverse community of old and new residents who can play and exercise and take their pets out and not worry about the things that so many Wilmingtonians are now facing with rapid growth concerned only with the profit for a few. Keep it R-10. You have a responsibility to us as public officials to make decisions based on all our interests and we will hold you accountable. Sincerely, Michael Parker Date of meeting for the statement to be heard: July 19, 2022 In reference to the address(es) of discussion : 4127,4211,4219, 4221 Cedar Ave (Edgewood) , 938, 1121 ,1125 Monticlair Dr (Idlewild). Statement from: Kylie Hillyer; 1029 Page Ave Board of Commissioners - October 3, 2022 ITEM: 14- 12 - 16 I am opposed to the rezoning and development of the above addresses. The property behind our home gives shelter to so much wildlife. Rabbits, foxes, squirrels, and many many birds find refuge in the untouched land. There's a pair of owls as well that the street listens for and chats about. Where will these animals go? Page Ave. currently experiences cut -through traffic between Wrightville Ave and S. Kerr, which the drivers regularly speed. Adding multiple homes/apartments will surely increase this occurrence. The feel of our street is special and clearing land behind the homes will take away the privacy that our and neighboring homes were originally purchased for. Ultimately, decreasing the value of my home. Kylie Hillyer Hello, I am Christian Richter, I am a new resident who moved into 926 Montclair Dr, Wilmington, NC 28403 this year in May/June. I am representing my parents, Maria & Stephan Richter, the property owners. I strongly oppose the rezoning of 4127, 4211, 4219, 4221 Cedar Ave. & 938, 1121, & 1125 Montclair Dr. These properties should be kept as R10 and developed as such. Two of the main reasons we bought this property was because of the low amount of traffic on the street and the aesthetic of the neighborhood. After attending a meeting and seeing the proposed development plans for 938, 1121, & 1125 Montclair Drive, I am extremely disappointed. Allowing the Montclair Dr. properties and Cedar Ave. properties to be rezoned as R5 will be a mistake. The proposed plans for the Montclair properties show 13 properties shoehorned into small lots with the houses right next to each other with barely any front & backyard space. It is set up just like Page Ave., but even worse. Page Ave. is an eyesore and it is not the fault of the residents, but of the City Council that approved such a dense street. I am assuming Page Ave. was originally developed to be affordable entry level housing for young families. However it looks like most properties on that street have become rentals. Atypical family may have one or two cars, but with rentals you could have 3-4 cars, depending on how many adults are living there. At least on Page Ave. there is still enough space for the residents to park their cars off the street. Some of the front yards are just full of cars and it's unsightly, but the residents have no choice, especially if they are renting. With the way the houses are using the land in the proposed development for the Montclair Drive, there would be no space for cars to park in front of the house. The cars would overflow into the streets. As far as I am aware, Karma Rentals is looking to build these houses to be rented out, not to bring affordable housing to the market. They are using the excuse of the housing shortage to have the means to build an unsightly neighborhood so that they maximize profit and line their pockets. While compromising the investment others have in the surrounding properties. This will allow for another street to become an eyesore just like Page Ave.. Allowing the rezoning of R10 to R5 would invalidate my earlier mentioned reasons as to why we bought the 926 Montclair Dr. property. This rezoning of R10 to R5 only makes sense because of the housing shortage, which will not be an endless issue. R10 development keeps in line with the aesthetic of the neighborhood whilst also keeping traffic flow low whilst not negatively affecting the investment people have in the surrounding properties. If the City Council is so worried and focused on making sure there is enough housing, why hasn't the forest all along the stretch of Independence Blvd, South of Shipyard Blvd been developed into apartment complexes/neighborhoods already. The housing shortage Board of Commissioners - October 3, 2022 ITEM: 14- 12 - 17 is not a new problem, it is a result of the COVID19 pandemic, which has been around since spring of 2020. There is no reason to compromise the integrity of the aesthetic of my neighborhood & the surrounding neighborhoods when there is plenty of land elsewhere with road designs that can handle the increased flow of traffic. I do hope you all see that rezoning from R10 to R5 will only please the developers and none of the tax paying, voting, residents in the area. To all that it may concern, My name is Elizabeth ODonnell Brady I live in the Historic Downtown District at 711 S. 2nd St in Wilmington. I am writing this letter to oppose the re -zoning of my neighboring neighborhood . Address in concern is 4127,4211,4219,and 4221 Cedar as well as 938,1121,1125 Montclair Dr. Rezoning of this neighborhood is unnecessary and will only benefit the owner of the properties. We DO NOT want our neighborhood re zoned and want to keep the appropriate R-10. 1 also feel we need to have us removed from the " infill development" classification. We are a small lot area and this does not fit the principles of the of the infill character. We are a R-10 treasured neighborhood and want to keep that. These comprehensive plans that have been presented are NOT correct. The developer bought the properties in a R-10 and thus should stay an R-10 and NOT be changed to an R-5 just for his soul purpose to make money. I do not object of him to put up a new home in the place of the others to make the neighborhood nicer but to put more than the already constructed home just for his and the cities want for money is WRONG! Elizabeth O'Donnell As a resident of 938 41 st Street, and the Egdewood- Idlewild neighborhood, I am writing in regards to the prosed Rezoning from R-10 to R-5 effecting the following addresses which are currently being considered for rezoning: 4127, 4211, 4219, and 4221 Cedar Avenue which will affect future rezoning proposals such as 938, 1121, and 1125 Montclair Drive and potentially 1021 41 st Street, 4201 Maple Street, and 4124 Cedar Avenue as well. I am submitting the following comments in order to have them considered by our "democratic" system, here in the city of Wilmington, which claims to progressive, compassionate, and responsive to the needs of the people who pay the salaries of city officials. It is very fashionable for people to talk about their "legacies" these days, as billionaires and kings once did. The developers of these sites have likely picked up this thinking and ran with it. Very likely, they are dreaming of the financial legacy they will leave their children and grandchildren. However, they, like most developers in Wilmington, have been very short sighted and have negligently overlooked a very important part of their legacy. Year after year, Wilmington is looking more like the over -crowded, over -developed, crime -ridden, treeless, concrete -covered eye sore that is Myrtle Beach, SC. In the future, when people see the children and grandchildren of these developers they will say, "His or her father or grandfather (mother or grandmother) was the man (woman) who turned Wilmington into Myrtle Beach and ruined it forever." Board of Commissioners - October 3, 2022 ITEM: 14- 12 - 18 We need to ask ourselves if destroying our open spaces and putting Wilmington on track to become the next Myrtle Beach (or worse Southern California) is how we want to grow wealthier. Your legacy will not just be a pile of money, it will be that you helped to slowly destroy a peaceful quiet neighborhood, and Wilmington, just to give your family a leg up on the pile. After listening to the principals from both Karma Rentals and Cindee Wolf Design Solutions, it is abundantly clear that none of those involved in these proposed developments have given any thought the future of Wilmington. They have only been enticed by the prospect of maximum profit. Money frees us, improves our quality of life, and gives us options regarding how we spend our time. However, some money isn't worth making, particularly when the means to making that money lacks ethics and integrity. Not only will rezoning of the neighborhood in question create more traffic, more congestion, and fill in an area that absorbs rain water (causing flooding in the neighborhood), but it will bring a quiet, peaceful, forested neighborhood one step closer to looking like the eye sores that are Myrtle Beach, SC and southern California. A rezoning of Egdewood-Idlewild (from R-10 to R-5) will strip away the character of the neighborhood and replace it with the chinsy, cookie -cutter houses and apartment buildings that are becoming the norm in Wilmington. The willingness to strip away the character of this neighborhood is an undisputable indicator of the lack of character in the developers proposing this rezoning. People lacking in character only think of the bottom line, and never the quality of their work or its consequences. But is the childish desire for instant gratification. This proposed rezoning has also brought much half-assed virtue signaling, on the part of the developers involved, to light. These developers act like they are compassionately providing a service to poor unfortunate people who desperately dream of the day they can move to Wilmington. These new homes, however, will largely only be affordable to 6 figure remote workers moving from out of state, due to the current real estate bubble, which is, incidentally, ripe for a 2008-like crash, a factor which has been likely been obscured by greed. Catering to this demographic effectively "sells" most Wilmingtonians "down the river." Wilmington is a city of restaurant and retail workers overwhelmingly making minimum wage, or just slightly more. The proposed developments do not serve the vast majority of local residents. As a business practice, this certainly not illegal, but at the very least, these virtue signaling developers could do us all the courtesy of being honest about how they make their money, and drop the virtue signaling and the talk of how they're alleviating the local housing crisis. They are, in point of fact, only worsening the local housing crisis. There is an old saying that Mr. Saffo, foreman of the city council and lead public servant, should know well: "beware Greeks bearing gifts." This saying is a reference to how sneaky, deceptive Greeks, unable to win honestly in open battle, resorted to trickery in order to win. Leaders set the tone for the communities and organizations they lead. With that said, it is plainly obvious that the city council and planning board (staffed heavily by none other than real estate developers) are little more than rubber stamps for real estate developers who virtue signal and do little more than pay lip service to serving the people of Wilmington. This approach works very well with the majority of people who, frankly, lack the ability to think critically and see Board of Commissioners - October 3, 2022 ITEM: 14- 12 - 19 government officials for who and what they truly are: a group of stealthy shadow warriors hiding in the belly of a Trojan Horse, like vermin, ready to throw open the city gates to allow white collar looters to have their way with the city. I'd like to remind all those involved who are concerned with their legacies: in the years to come you will not only be remembered for your net worth. You will be remembered for what you did to the city of Wilmington and for the quality of your work. You will either have preserved (or perhaps even improved) what beauty the city has left, or you will have short-sightedly made it look more like the hell hole that is Myrtle Beach, SC than it already does. And Wilmington looks more like Myrtle Beach every day. Your call. Patrick Giguere To whom it may concern: I'm writing in regard to the proposed conditional rezoning for the properties on Cedar Ave. I'm a 20-year Wilmington resident, engaged citizen and property owner, who resides at 4210 Cedar Ave. (the house across the street from the development) with my wife and two daughters. When my wife and I bought this house in 2017 we understood this neighborhood was ripe for change and were prepared to embrace that change. While the proposed nine homes on what's essentially four lots directly across the street wasn't exactly what we had in mind, I'm also realistic about the infill and development taking place throughout this part of midtown. (Ideally, this area would consist of four homes with garage apartments but that would slice into the developer's profit margin). This is the developer's second plan for the property after he scrapped a 23-unit townhome idea that was ludicrous. It's worth pointing out to the Council that the developer's representative, Cindee Wolf, admitted at the Planning Committee hearing that they wouldn't have been able to go forward with such a development anyway. So it's not as if the developer has made any real concession to the residents at this point. You should be able to verify that information in the minutes from the June 1 planning meeting. Regardless, my request is simple. Since this is a conditional rezoning, place a condition that garage apartments are prohibited on these lots. Adding 9 homes to this street will also add approximately 18 automobiles, essentially doubling the traffic flow on this part of Cedar Ave from where it currently stands. Allowing 9 additional garage apartments and the 9-18 automobiles would add undue stress to one of the last quiet streets in Midtown and completely disrupt the integrity of the neighborhood. The Council has a choice to make: Cater solely to the developer and allow him to maximize his profit or listen to the concerns of the longtime residents and taxpayers in this neighborhood. Regards, Board of Commissioners - October 3, 2022 ITEM: 14- 12 - 20 Brian G Mull To The City Council of Wilmington I am writing in opposition to the rezoning of Idlewild and Edgewood, specifically addresses, 4127, 4211, 4219, 4221 on Cedar Ave. and 938, 1121,1125 on Montclair Dr. from a R-10 neighborhood to a R-5 zoned neighborhood. I lived on Cedar Ave. In 2016, and have had friends in this neighborhood for quite some time. As such I have spent a large amount of time in the area. Not only is the area a quiet, peaceful area with low traffic, but also is a safe haven for multitude of wildlife. I've routinely seen Red, and Grey tail foxes, Screech owls, Barred owls, and the elusive Great Horned owl. As a Wilmington native I have seen the explosion of development throughout the city, from apartments, subdivisions, and expanding roads. All in vain. The traffic is unbearable, housing prices tripling, and rental prices quadrupling in most cases. Pushing out natives, and making living in Wilmington near impossible. When did development become more important than the people who built this town? The proposition to rezone the Edgewood and Idlewild neighborhood is a very poignant example of profit before people. I call to the moral responsibility of those on the city council to make the ethical decision regarding the rezoning of Idlewild and Edgewood. Hoping for an epiphone of reason, Michael Gibson 926 Hood Drive. Wilmington, NC 28409 Dear Ms. Spicer-Sidbury, In reference to addresses 4127, 4211, 4219 and 4221 on Cedar Ave.; 938, 1121, and 1125 Montclair Dr., please ask the council to be considerate of those in this area who are and have been working hard to make this area a beautiful and safe area to live in. I moved here in 2O20 from Pennsylvania. In that time, I have watched the neighbors pour their labors of love and pride into their homes and landscapes. I ask that this area not be destroyed by cheap homes, condos and poor infrastructure that would bring in a bad element and destroy property values, all in the name of increased city and state revenue. John Duff & Ana Gonzalez Molloy Board of Commissioners - October 3, 2022 ITEM: 14- 12 - 21 1010 41st Street Wilmington, NC 28403 My name is Guy Pushee. I live in the Idlewild neighborhood in mid -town Wilmington at 4101 Wrightsville Ave. I am writing this letter to oppose the re -zoning of my neighboring neighborhood. Address(es) of discussion: 4127, 4211, 4219, and 4221 Cedar Ave. (Edgewood), 938, 1121, and 1125 Montclair Dr. (Idlewild) Rezoning of this neighborhood is unnecessary and will only benefit the owner of the properties. We DO NOT want our neighborhood re zoned and want to keep the appropriate R-10. I also feel we need to have us removed from the " infill development" classification. We are a small lot area and this does not fit the principles of the of the infill character. We are a R-10 treasured neighborhood and want to keep that. These comprehensive plans that have been presented are NOT correct. The developer bought the properties in a R-10 and thus should stay an R-10 and NOT be changed to an R-5 just for his sole purpose to make money. I do not object of him to put up a new home in the place of the others to make the neighborhood nicer but to put more than the already constructed home just for his and the cities want for money is WRONG! I'd say it's time the local politicians should understand the town is being overbuilt, the infrastructure strained, traffic is horrendous, and the quality of life here is diminishing with every new high density, vegetation stripping eyesore that goes up. Guy Pushee I am writing to strongly oppose your proposal to change the rezoning of our beautiful neighborhood community. Please do not change this. Keep R-10. I live in this community and do not want to see the changes that are currently being proposed going into effect. This is a beautiful community and does not need what is on the docket, it will destroy the beauty of our neighborhood. Board of Commissioners - October 3, 2022 ITEM: 14- 12 - 22 Tuesday, July 19, 2022. I am distraught that the City Council thinks that this rezoning proposal is the right things to do. Changes that have been proposed will affect this entire neighborhood and areas surrounding it. To consider this as "progress" is wrong and will only destroy something too valuable. As members of City Council, you know in your hearts that this proposal would greatly affect your own neighborhoods and would not be worthy of your consideration. Do what is right and look it squarely in the face of justice and fairness for all of us. I respectfully submit these comments and pray they will make a difference. Theresa McManus, 1036 41st Street, #2, Wilmington NC 28403 This communication is intended to be included as an official statement for the next city council meeting. The items in which this is relevant are to be addressed at the next city council meeting in July 19, 2022 in reference to the properties: 4127, 4211, 4219, and 4221 Cedar Ave, 938, 1121 and 1125 Montclair Dr, 28403. To the planning and zoning committees, I am writing to strongly oppose the rezoning of properties and land in the Idlewild, Edgewood, and Audubon neighborhoods. The homes in these areas are mostly single family homes. These beautiful, charming areas in Wilmington, are becoming more and more rare and this is part of the attraction to this city. Developers and builders are quick to grab lots and properties in bulk in hopes to build multi unit projects which will redefine the area. This is certainly NOT in the interest of the city, the neighborhoods and the families who have purchased homes here. The rezoning to allow larger multi -unit residences will destroy the very thing that makes midtown the lovely, family oriented, peaceful area that it is. We purchased a house at 4202 Wrightsville Ave, built in 1943, as a home for our family, where our child can grow and enjoy the bike path, area parks and other families with kids in the vicinity. We enjoy the comfort of having true neighbors who are invested in their homes and neighborhoods versus the transient population that would inhabit the proposed developments. Our safety and peace would greatly deteriorate. The aesthetics and allure of these areas are exactly why Wilmington is a tourist attraction, to erase this with multi -unit buildings would be a big disservice to everyone both the residents and the visitors. We have some incredible offerings here, the old pecan groves are still standing in many yards and lots, the cross city bike path goes right through the heart of the area, several city parks, classic architecture and bungalows, and the people... Wilmington residents people who have invested in homes for their families in these neighborhoods. We want to keep our area Board of Commissioners - October 3, 2022 ITEM: 14- 12 - 23 charming, beautiful and safe. Please do not allow developers to take away what we consider HOME, please deny requests for rezoning in these areas. Thank you in advance for your attention to this matter and for preserving our city's beauty and charm! Stephanie Avery Midtown Resident and Taxpayer in the city of Wilmington To whom it may concern My name is Gustavo Carranza, former resident of 4127 Cedar ave and I'm writing to the city because I also oppose the proposed rezone. My wife and 3 kids moved into 4127 cedar ave in June of 2021 under Myers property under the impression that the home would be available to rent for years to come. Later that year we were informed that Michael White purchased not only 4127 but also 4211,4219, and 4221 to build "affordable housing, with that being said I've listed other reasons to not rezone. • Have since moved without finding a reasonable priced place to rent • Was not notified that Michael White had purchased home until the final 3 months • Roads are too narrow for high volume traffic • Abundance of wildlife that habitats the community • Neighbors feel safe getting around with the way the community already is. • Over development will likely increase the chances of flooding Please keep R-10 zoning and retain the integrity of the community and neighborhood. Sincerely Gustavo Carranza, thank you for your time. Thursday, June 30, 2022 Intended use of this statement is to be presented to City Council members for their next meeting. Presented in this fashion according to N.C. Legislation, Article 6, Development Regulation § 160D-603 on citizen commentary. Address(es) of discussion: 4127, 4211, 4219, and 4221 Cedar Avenue which will affect future rezoning proposals such as 938, 1121, and 1125 Montclair Drive and potentially 1021 41 st Street, 4201 Maple Street, and 4124 Cedar Avenue as well. The next City Council meeting is currently scheduled for Tuesday, July 19, 2022. Board of Commissioners - October 3, 2022 ITEM: 14- 12 - 24 My name is Paige Woodruff. I live at 938 41 st Street. All of the above addresses are in an area less than a square mile in size (calcmaps.com to calculate), historically known as Edgewood and Idlewild. This neighborhood runs adjacent to the Wrightsville Avenue corridor, which formally and for good reason, had historical character preserved. The oldest home in our neighborhood was built in 1915, with homes from the 20s, 30s, and so on. As Wilmington adds density throughout the city, I feel that it is important to also keep some areas less dense, especially if current tax payers of those places are advocating to keep their zoning and protect their way of life. Everyone who lives in Edgewood and Idlewild, as well as surrounding areas, pretty much unanimously, does not want rezoning. We are taking the time in our busy schedules and in the aftermath of the mortifying and isolating events of COVID, to talk to our neighbors during this process. All of this is to say that the odds are stacked against the regular people, also in the midst of economic uncertainty on a world scale, in effectively organizing and communicating with each other. Collectively, people are demoralized, and what is happening to our neighborhoods is certainly not helping. Everyone I talk to in Wilmington has a project happening near them that they don't want. What could have been a compromise to make both sides of the fence happy? Perhaps economic prosperity would be better regulated and inspired by slower, smaller -scale, and steady growth versus allowing an explosion of change and higher density all over the city, and effectively making this into a completely different place than what makes people want to live here (see Slow Money concepts). For these reasons we are asking to keep R-10 zoning and to remove us from "Neighborhood -Scale Infill Development" on the Areas of Opportunity map within The Comprehensive Plan, so long as this color -coding recommends rezoning to smaller lots. Within The Comprehensive Plan, this is the 1 thing that works against residents here in the proposal to rezone, whereas there are about 300 things in the plan working for us (for another letter), and we respectfully disagree with this designation of our neighborhood. We would like to be color -coded as a historically valuable and treasured neighborhood, zoned forevermore at R-10. The lots that were purchased still have room to build to the R-10 standards, and they were knowingly purchased at R-10. The builder, Michael White of Karma Rentals LLC, is capable of building a home for an R-10 lot, as he did so at 4014 Wrightsville Avenue. The home sold for $425,000 in 2020 and has appreciated to an estimated $539,000 value. That sounds like a profitable -enough venture, to me! According to R-10, there is room for 5 more units at 4127, 4211, 4219, and 4221 Cedar Avenue than are currently there and future proposals are wooded/vacant lots with zero buildings on them currently; clean slates of opportunity, except for the old and well -established tree canopy that exists in our neighborhood. In order to preserve more of the tree canopy as The Comprehensive Plan supports, it would be more beneficial to have less density and develop vacant lots to the current R-10 standards. A large tree anywhere from 100 to several hundreds of years old cannot simply be replaced, as developers nonchalantly say. Board of Commissioners - October 3, 2022 ITEM: 14- 12 - 25 When Michael White initially proposed 22 townhomes at 4127, 4211, 4219, and 4221 Cedar Avenue and then changed his plans to 9 single family homes, this can be defined as a "bait and switch" psychological tactic, in which current residents "should feel better" about the proposed rezoning and "better plan" that the developer succumbed to. To tell us that we should feel better when we are clearly stating that we do not want rezoning is a psychological manipulation known as "gaslighting." This is to say that we do not feel good about our new neighbors and feel they should be held to the same R-10 standards as everyone else, lest they be given too many liberties than they are responsible enough, and quite frankly honest enough, to employ. Developers, as well as the new school of contractors and real estate agents have a conflict of interest that regular residents and working people do not have: not only profit but maximization of profit. R-10 zoning is still profitable to the enterprises of Michael White and his team as well as to future residents of these acquired properties. Maximization of profit should not be allowed at the expense of current residents. Developing within R-10 will create a more beautiful neighborhood that the future residents can enjoy for decades more to come. Thank you for your time and have a nice holiday weekend, Paige Woodruff Monday, July 11, 2022 Letter to the Council: Hi, I want to bring it to your attention that citizens of Edgewood and Idlewild have been submitting comments to the City Clerk, in accordance with N.C. Legislation, Article 6, Development Regulation § 160D-603 on citizen commentary, in preparation for the next City Council meeting, and on behalf of 4127, 4211, 4219, and 4221 Cedar Ave. I am attaching a document with the bulk of the comments made thus far, and we intend to keep submitting them all week, until noon on Friday, as the N.C. law advises. Please read and take our comments into consideration. We are cohesively and strongly opposed to rezoning in our neighborhood. There are several future proposals on the table for this neighborhood, which is less than a square mile in size, and rezoning to Cedar Ave. will affect future proposals. We are imploring to keep R-10 zoning in our neighborhood and therefore keep the integrity of our neighborhood, which is a geographically and historically treasured location to all of Wilmington, right in the heart. The people who live here know best what this neighborhood is worth, and we are inviting city staff to take a deeper look. Please remove Idlewild and Edgewood from "Neighborhood -Scale Infill Development" on the Areas of Opportunity map within The Comprehensive Plan. Keeping R-10 will allow the builder, Michael White of Karma Rentals LLC, and his team, to build one less dwelling on Cedar Ave., than they are currently proposing, but it will ensure that they build to the same standards and rules as the rest of the neighborhood. Building within R-10 will Board of Commissioners - October 3, 2022 ITEM: 14- 12 - 26 allow for less houses that are more valuable than if there were more houses. It's OK to have neighborhoods like this. They are objectively more desirable places to live for many reasons. Some of the housing in our neighborhood is slightly run down and could use improvement. We look forward to improvements that Michael White can make with the current zoning, R-10 and are confident that it will be very profitable for him and the city because this neighborhood is a desirable place to live. This neighborhood is not a transitional area for housing. We are currently not affected in any way by apartments in surrounding areas. We are surprisingly protected from noise from the major corridors that surround us due to the deeper lots and old growth trees. This is a healthy and therefore desirable place to live because of that. Creating more density in this particular location will degrade and possibly eliminate one of the last quiet places left in the heart of Wilmington. Sincerely, Paige Woodruff 938 41 st Street Tuesday, July 19, 2022 Spoken at the City Council meeting: I am Paige Woodruff. I live at 938 41 st Street. Did all of you read the comments submitted by residents? What I would like to say is the system you have in place to get feedback from residents is not working and you are not sufficiently using the feedback you got during the "Create Wilmington" process in 2013/2014. 1 read The Comprehensive Plan and The Foundations Report. The top three of twenty priorities people voiced for their neighborhoods were quote 1) more crosswalks, sidewalks, bike lanes, and bike paths are desired, 2) more natural areas, trails, trees, and open spaces are desired, and 3) residential character and family atmosphere should be protected," end quote. And now, many of the residents in Edgewood and Idlewild are giving more feedback. We decided to keep our eyes on each others' comments because if they only go into your email inboxes, how do we know that you read them? Signs that you aren't listening to us are unresponsiveness and/or dismissiveness to points we've made. Please address points we have made such as: • The Cedar Avenue lots are currently underutilized with R-10 zoning and can be developed further using R-10, which will be profitable and maintain neighborhood character. • We disagree with our categorization as "Neighborhood -Scale Infill Development" and desire for the historical value to be recognized and elevated. Board of Commissioners - October 3, 2022 ITEM: 14- 12 - 27 • The Comprehensive Plan is a tool, not a hard and fast regulation, which is why we are standing here now. • A housing shortage in Wilmington is not a good excuse to approve this because 50 acres, for example, are on the agenda tonight to be developed next to The Pointe shopping center, and maximizing profits in our neighborhood should not be done at the expense of current and long-standing residents. • Changing plans from 21 townhouses to 9 single family homes and telling us "we should feel good about it" was a bait and switch sort of tactic and gaslighting, because we are expressing we don't feel good about it. • We are not transitional or affected by apartments on Wilshire and R-5 zoning is not consistent with this neighborhood. Again, please address those points. I knocked on doors and spoke with people on 41 st Street, 43rd Street, Cedar Avenue, Montclair Drive, Wrightsville Avenue, Page Avenue, Bonham Drive, and Cherry Avenue. No one wants to see rezoning at Cedar Avenue and people on Page, Bonham, and Cherry are unhappy with development permitted to happen around them. If you care about Wilmington, you would plant seeds of hope in us. People in this city are as quiet and uninspired by leadership as ever, and you're ruining our neighborhoods. Keep our R-10 zoning and deny rezoning on Cedar Avenue. Wednesday, July 20, 2022 Follow up letter to the Council: Hi, I spoke at the meeting last night on behalf of Cedar Ave. I want to thank all of you for taking the time to read our comments and for listening to us, and considering what we said. I truly felt that was the case last night. You will be hearing from us again soon because there is another proposal by the same builder, Michael White, on Montclair Drive, and it is my understanding that he also purchased 1021 41st Street. I see on the website your individual emails now, and I can use those in the future. I especially want to thank Charlie Rivenbark for standing up for our neighborhood and saving some of the integrity of those lots. We left the meeting feeling pretty good about that, and are mostly happy with the compromise. We deeply appreciate you! To be clear, the best outcome would have been to keep the 4 lots as are, and utilize them by adding an additional house and 4 garage apartments, still equaling 8 dwellings. I understand that would not be utilizing the lots to their full potential. Board of Commissioners - October 3, 2022 ITEM: 14- 12 - 28 To Mr. Clifford Barnett, I heard you express that you liked the original plan that would allow the accessory dwellings behind the single family homes. I would like to tell you why I respectfully disagree. Simply because it would be incredibly tacky and would not match the fabric of the neighborhood. Development like this is happening all over Wilmington and it is very ugly. "The current trends" for housing do not match this neighborhood, but are built adjacent to us on Kerr Ave., and will be built next to The Pointe shopping center, for example, which are more appropriate. I hope you will consider this moving forward on other proposals that Michael White makes for our neighborhood. Lastly, you as the Council are the only ones who can make the decision to protect our neighborhoods from developers, who will take advantage of every possible inch they can, when given the leeway. We knew that Michael White was hiding information from us, and that he seemed like he wanted to get away with as much as possible. That was made more clear last night. Please, for the city of Wilmington as a whole, protect neighborhoods from this kind of thinking, and find the necessary compromises to keep our neighborhoods beautiful. We surely are well on the way to looking like Myrtle Beach, and even newcomers to Wilmington are taking notice. Thank you again. Sincerely, Paige Woodruff Board of Commissioners - October 3, 2022 ITEM: 14- 12 - 29 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 10/3/2022 Regular DEPARTMENT: Planning PRESENTER(S): Rebekah Roth, Planning & Land Use Director CONTACT(S): Rebekah Roth SU BJ ECT: Public Hearing Text Amendment Request (TA22-03) - Request by New Hanover County to amend Articles 2, 3, 4, 5, and 10 of the Unified Development Ordinance in order to modernize standards, clarify existing standards, and update standards to make sure they are effective. BRIEF SUMMARY: Since the completion of the Unified Development Ordinance (UDO) Project in November 2020, staff has been regularly bringing forward amendments to code provisions as part of ongoing efforts to ensure that the tools of the ordinance remain up-to-date, are clear to all users of the code, and continue to work the way they are intended. Potential amendment concepts were presented to the Planning Board at their August 4, 2022 meeting, and drafts of the amendments were released on August 12 for public comment. At the September 1, 2022 meeting, the Planning Board made additional recommendations based on comments received prior to the meeting and those provided during the public hearing. While not originally included in the staff -identified amendment concepts, at the August 4, 2022 Planning Board meeting, staff was requested to look into a potential amendment that would alleviate development challenges in the Highway 421 industrial area related to existing tree retention standards. During the public comment period, concerns were voiced that the landscaping requirements retained by the amendment may still serve as a barrier to industrial development on the one hand, and on the other, that the landscaping requirements on their own provide less environmental value than existing trees, which comprise important Long Leaf Pine habitat. At the September Planning Board public hearing, the board recommended approval of the proposed amendment with the provision of additional street yard landscaping requirements. Subsequent conversations with key stakeholders have indicated that provisions that would preserve existing tree canopy would be the primary priority for tree advocates. Industrial development stakeholders have indicated that mitigation, tree survey, and replanting requirements can all be a concern because they present a regulatory hurdle to the type of development envisioned in this area. Overall, the proposed amendments fall into three primary categories: Additions and Modernizations, Clarifications, and Updates: Additions and Modernizations - Inclusion of standards regarding fixture height and cut-offs for light fixtures on non-residential and multi -family sites adjacent to single family neighborhoods - Extension of current limits on inoperative motor vehicles to inoperative boats Board of Commissioners - October 3, 2022 ITEM: 15 - Specification of the extent building appurtenances, such as HVAC systems and cantilevers, can encroach into a setback - Adjustment of tree retention requirements for projects in the Highway 421 industrial corridor Clarifications - Inclusion of Office & Institutional sign standards in the same location as standards for signs in other districts - Clarification of specimen tree standards applicability - Specification that Senior Living: Independent Living Retirement Communities must comply with the standards that apply to the type of dwelling unit included in the project - Specification that development standards are eligible for variances regardless of their location in the ordinance - Clarification that buildings may be taller than 35 ft. in the Airport Commerce district if allowed in the Airport Height Restriction Standards and approved by the FAA - Addition of requirement that minimum acreage for Planned Development and Urban Mixed Use zoning districts must be contiguous - Refinement of building separation requirements for performance residential projects U adates - Modification of when staff has the authority to approve minor deviations to site plans administratively - Codification of development review process timing for tree removal permit related -landscaping plans and lighting designs - Incorporation of a frequent reasonable accommodation request received by the Board of Adjustment to increase the number of residents with disabilities allowed in group homes from six to eight - Modification of the definition of family to allow household types not currently covered under the ordinance provisions and those that include both related and unrelated people The Planning Board considered the proposed amendment at their September 1, 2022 meeting. At the public hearing, two members of the public spoke in support of the proposed amendment and four members of the public spoke in opposition, specifically to the Highway 421 Tree Removal Standards portion. Due to the recusal of one Planning Board member from the Tree Removal Standards discussion, the Board voted 5-0 to recommend approval of that portion of the amendment with recommended changes and voted 6-0 to recommend approval of the remainder of the maintenance amendment with recommended changes. They found RECOMMENDING APPROVAL of the proposed amendment to be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it provides up-to-date zoning tools that promote business success, provide for a range of housing opportunities, and support a mixture of uses. They also found RECOMMENDING APPROVAL of the proposed amendment reasonable and in the public interest because it Board of Commissioners - October 3, 2022 ITEM: 15 provides for clear and effective ordinance standards. STRATEGIC PLAN ALIGNMENT: Intelligent Growth & Economic Development o Encourage development of complete communities in the unincorporated county ■ Citizens have daily needs met by N H C businesses and support them ■ Ensure NHC has appropriate housing to support business growth RECOMMENDED MOTION AND REQUESTED ACTIONS: Due to ongoing stakeholder concerns that the Planning Board recommended Highway 421 Tree Retention Standards amendment component may have added additional regulatory challenges for developers while not addressing the primary concerns of tree advocates, staff is continuing to work with stakeholder groups to develop an amendment option that would better encourage industrial development and protect high value tree canopy. The remainder of the maintenance amendment was developed by staff to address identified needs and technical fixes, so staff would concur with the Planning Board recommendation of approval of those components, with the suggested motion: I move to APPROVE the proposed amendment to the New Hanover County Unified Development Ordinance to modernize, clarify, and update provisions. I find it to be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it provides up-to-date zoning tools that promote business success, provide for a range of housing opportunities, and support a mixture of uses. I also find RECOMMENDING APPROVAL of the proposed amendment reasonable and in the public interest because it provides for clear and effective ordinance standards. ATTACHMENTS: TA 22-03 BOC Script TA 22-03 Staff Report Additions & Modernizations Summary and Amendment Clarifications Summary and Amendment Updates Summary and Amendment Public Comments Cover Sheet Public Comment - Tyler Newman Public Comment - Bill Jayne Public Comments Prior to Planning Board Meeting COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as presented by staff. COMMISSIONERS' ACTIONS: Approved 4-0, except section 5.3 Tree Removal Standards, which was continued to November 14, 2022. Board of Commissioners - October 3, 2022 ITEM: 15 SCRIPT for Unified Development Ordinance Text Amendment (TA22-03) Request by New Hanover County to amend Articles 2, 3, 4, 5, and 10 of the Unified Development Ordinance in order to modernize standards, clarify existing standards, and update standards to make sure they are effective. 1. This is a public hearing. We will hear a presentation from staff. Then any supporters and opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant's presentation (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. Applicant's rebuttal (up to 5 minutes) e. Opponent's rebuttal (up to 5 minutes) 3. Close the public hearing 4. Board discussion 5. Vote on amendment. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why approval or denial of the rezoning request is reasonable and in the public interest. Example Motion of Approval I move to APPROVE the proposed amendment to the New Hanover County Unified Development Ordinance to modernize, clarify, and update provisions. I find it to be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it provides up-to-date zoning tools that promote business success, provide for a range of housing opportunities, and support a mixture of uses. I also find APPROVAL of the proposed amendment reasonable and in the public interest because it provides for clear and effective ordinance standards. Alternative Motion for Approval/Denial: I move to [Approve/Deny] the proposed amendment to the New Hanover County Unified Development Ordinance to modernize, clarify, and update provisions. 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 proposed amendment is reasonable and in the public interest because [insert reasons] Board of Commissioners - October 3, 2022 ITEM: 15- 1 - 1 STAFF REPORT FOR TA22-03 TEXT AMENDMENT APPLICATION APPLICATION SUMMARY Case Number: TA22-03 Request: To amend Articles 2, 3, 4, 5, and 10 of the Unified Development Ordinance in order to modernize standards, clarify existing standards, and update standards to make sure they are effective. Applicant: Subject Ordinances: New Hanover County Unified Development Ordinance (UDO) Purpose & Intent The key intent of this amendment is to perform ongoing code maintenance to ensure that code provisions are up-to-date and work as intended. Components of the amendment include: Additions & Modernizations - Inclusion of standards regarding fixture height and cut-offs for light fixtures on non- residential and multi -family sites adjacent to single family neighborhoods - Extension of current limits on inoperative motor vehicles to inoperative boats - Specification of the extent building appurtenances, such as HVAC systems and cantilevers, can encroach into a setback - Adjustment of tree retention requirements for projects in the Hwy 421 industrial corridor Clarifications - Inclusion of Office & Institutional district sign standards in same location as standards for signs in other districts - Clarification of specimen tree standards applicability - Specification that zoning district height maximums do not apply to utility structures - Stipulation that Senior Living: Independent Living Retirement Communities must comply with the standards that apply to the type of dwelling unit included in the project - Specification that development standards are eligible for variances regardless of their location in the ordinance - Clarification that buildings may be taller than 35 ft. in the Airport Commerce district if allowed in the Airport Height Restriction Standards and approved by the FAA - Addition of requirement that minimum acreage for Planned Development and Urban Mixed Use zoning districts must be contiguous - Refinement of building separation requirements for performance residential projects Board of Commissioners - October 3, 2022 ITEM: 15- 2 - 1 Updates - Modification of when staff has the authority to approve minor deviations to site plans administratively - Codification of development review process timing for tree removal permit related - landscaping plans and lighting designs - Incorporation of a frequent reasonable accommodation request received by the Board of Adjustment to increase of the number of residents with disabilities allowed in group homes from six to eight - Modification of the definition of family to allow household types not currently covered under the ordinance provisions and those that include both related and unrelated people BACKGROUND Since the completion of the Unified Development Ordinance (UDO) Project in November 2020, staff has been regularly bringing forward amendments to code provisions as part of ongoing efforts to ensure that the tools of the ordinance remain up-to-date, are clear to all users of the code, and continue to work the way they are intended. Potential amendment concepts were presented to the Planning Board at their August 4, 2022 meeting, and drafts of the amendments were released on August 12 for public comment. At the September 1, 2022 meeting, the Planning Board made additional recommendations based on comments received prior to the meeting and those provided during the public hearing. As a note, all amendments are discrete, and the Board may move forward with only some of them without impacting other proposed provisions in the case that particular amendments are determined to need additional consideration or staff research. Proposed amendments fall into three primary categories: Additions and Modernizations, Clarifications, and Updates. ADDITIONS AND MODERNIZATIONS Exterior Lighting Standards for Non-residential and Multi -Family Projects When the lighting standards section of the UDO was adopted in fall 2020, it was intended to be as policy neutral as possible and only related to light trespass onto neighboring properties. However, in recent months, staff has started to see greater impacts from lighting associated with nonresidential and multi -family uses on adjacent neighborhoods than was anticipated in 2020 due to some newer trends with the use of more LED lighting. This lighting, while producing less light pollution and trespass, is much brighter than older lighting types, especially when combined with taller commercial fixtures that are not always blocked by landscaped and fenced buffers. The proposed amendment would replicate language used in recent conditional rezoning approvals, which limited the height of lighting structures adjacent to single-family residential neighborhoods and required full cut-off fixtures to reduce the visual impacts on those adjacent properties. Board of Commissioners - October 3, 2022 ITEM: 15- 2 - 2 Inoperative Boats Zoning compliance staff have received five complaints over just this past year about properties in residential neighborhoods being used for the non-commercial storage of multiple inoperative boats. The UDO currently includes provisions that limit the number of inoperative motor vehicles allowed on a residential lot to one, so it is in line with current policy to also limit the storage for inoperative boats. Draft ordinance language outlines that this standard would only apply to visibly inoperative, wrecked, or dismantled boats to ensure that boats without motors would not be included in the restriction. It also would not apply to any boats —regardless of state —that are stored within an enclosed structure. Encroachments Staff has received questions regarding whether features such as HVAC units and building cantilevers —upper -story portions of buildings that extend beyond the footprint —can encroach into required setbacks. Current ordinance provisions don't address these types of situations, and encroachments of building appurtenances, such as steps and stairways, is a common topic for variance requests considered by the Board of Adjustment. The draft amendment provides clear guidance on when and how much these types of features are allowed to encroach to provide flexibility for site design without negating the intent of setback provisions. Highway 421 Corridor Tree Retention Standards At the August 4, 2022 Planning Board meeting, staff was requested to look into a potential amendment that would alleviate development challenges in the Highway 421 industrial area related to existing tree retention standards. Currently, the County's tree retention standards are uniform across all zoning districts and areas of the county and are largely based on retaining individual trees of a certain size, though incentives adopted in 2020 are intended to support retention of tree canopy and larger stands of trees. These standards are intended to provide a variety of public benefits, including protection of natural habitat, retention of the existing tree canopy for stormwater and mitigation of additional impervious surfaces, and preservation of community character. The Highway 421 corridor is primarily zoned I-2, Heavy Industrial, from the Isabel Holmes bridge to the Pender County line and is identified for future industrial development by the 2016 Comprehensive Plan. To encourage that vision, the County worked with CFPUA over the past five years to extend water and sewer utilities to this area. This has helped to support a resurgence of industrial interest in the corridor, some of which is from larger industries with development project prototypes that allow for less site -specific design. The standardized project designs associated with larger industrial employers have led to current tree retention standards being identified as a challenge and potential barrier to ongoing industrial investment, especially since other jurisdictions in the region have fewer regulatory barriers to these types of uses. Sites in this corridor were often re -planted with pine trees after previous clearing, so unlike other wooded areas in the county's jurisdiction, trees are all of a similar size. This type of situation also seems to be related to the type of natural habitat in the Hwy 421 area, which on areas away from the Cape Fear and Northeast Cape Fear Rivers is largely identified as Long Leaf Pine and Turkey Oak Forests (the turkey oak is an understory tree in a sandhill/long leaf pine forest) per the county's Conservation Resources assessment, which was conducted in the early 1980s. Staff Analysis From staff's understanding, there is a concern that this may lead to a property consisting entirely of significant trees, as identified in the ordinance, requiring large amounts of mitigation if trees are Board of Commissioners - October 3, 2022 ITEM: 15- 2 - 3 removed (either through replanting at a rate of 2 inches for every 1 removed or by paying fees - in -lieu that support county tree plantings), which would likely be required if the property were to be developed. There are two basic types of tree retention standards —those that focus on individual trees, primarily those of a certain species and size, and those that focus on tree canopy. The county's regulations are primarily focused on individual trees, though provisions were provided during the UDO Project update in November 2020 that would incentivize the protection of existing tree canopy in conjunction with open space standards. Those standards, and those incentives, do not apply to industrial or commercial land uses, however. The framework for the individual tree regulations was adopted in 2001 when the county and City of Wilmington were working to develop consistent regulations, and these types of provisions tend to be most effective for redevelopment of sites and for forestlands with trees of more variable sizes. Tree canopy focused regulations are more effective for larger undeveloped sites and habitat protection but require up -front analysis to determine the appropriate amount of canopy to be retained, which is why it was ultimately not pursued as part of the UDO Project process. Current tree retention standards include the requirement for a tree survey and protection of larger trees. Concern has been raised from industrial development stakeholders for both requirements for different reasons. For instance, while the county allows for a variety of tree survey types, the up- front analysis required during the development process can be a financial and timeline challenge not faced in every jurisdiction in the region, especially given the size of some of the tracts on the Hwy 421 corridor. As mentioned earlier, the concern regarding the protection of larger trees is related to both the general concern of the larger regulatory burden in our planning jurisdiction and the potential cost of mitigation. Trees identified as "significant" based on size and species cannot be removed unless required for essential site improvements and must be mitigated by replacement trees (at a rate of 2" for every 1 " removed) or a fee -in -lieu. Those fees are used by the County's Parks & Gardens department to plant long leaf saplings at Long Leaf Park annually, supplement tree canopy in other parks (such as the buffer along the trail at Echo Farms Park), restore native plantings to FEMA buy- out properties, and purchase forested lands (such as a tract adjacent to Pages Creek Preserve to allow for public access). Current mitigation requirements are intended to incentivize the retention of existing trees (or disincentivize their removal) but may result in much larger numbers of trees being required than on the site originally. For instance, a turkey oak or long leaf pine 20" diameter at breast height (DBH) would require 20 new trees at 2" DBH, a number of trees unlikely to be able to be accommodated on the site. The ordinance does provide the option for the developer to pay the fee -in -lieu (for the 20" tree mentioned above that would result in a cost of $4,000), increasing the cost of the development and off -setting some of the other incentives provided by the county for this corridor. Trees identified as "specimen" trees based on size and species cannot be removed unless a variance is approved by the Board of Adjustment, and double mitigation is required even if the variance is approved. Specimen tree provisions are commonly in both individual tree focused ordinances and in conjunction with tree canopy focused regulatory frameworks, but it is less likely that these types of trees would be found in the Hwy 421 area. Incentives are in place to also allow the retention of smaller trees to meet mitigation requirements, since those trees are often larger than replacement trees and may even be considered significant within the first 5-10 years of development. Board of Commissioners - October 3, 2022 ITEM: 15- 2 - 4 The County also has landscaping requirements that are coordinated with tree retention standards, requiring a significant number of trees be planted in an industrial development's streetyard, and a total of 15 trees per acre be planted or retained. In response to the Planning Board request and based on initial understanding of the concerns, staff identified three potential options for an amendment —reducing mitigation requirements, removing mitigation requirements, and exempting the corridor from tree retention standards altogether. The amendment released for public comment and considered by the Planning Board at their September meeting consisted of the middle option, which would still require a tree survey, only allow removal of significant trees for essential site improvements, and still protect specimen trees. Mitigation requirements would not be required, though, as it would be unlikely that if a parcel includes large numbers of "significant" trees they could be accommodated on -site. Landscaping standards requiring the minimum 15 trees per acres be retained or replanted would remain in effect, though the fee -in -lieu option is provided if they cannot be accommodated on -site. During the public comment period, concerns were voiced that the landscaping requirements retained by the amendment may still serve as a barrier to industrial development on the one hand, and on the other, that the landscaping requirements on their own provide less environmental value than existing trees and the proposed amendment would set a dangerous precedent that erodes existing tree protections. At the September Planning Board public hearing, the Board recommended approval of the proposed amendment with the provision of additional street yard landscaping requirements for properties within this area in response to opposition comments regarding the value of the long leaf pine forest and other existing trees along Highway 421 for critical habitat, given the small percentage of Longleaf Pine forest remaining in the state and their function in this area as a wildlife corridor, along with gateway aesthetics. Subsequent conversations with key stakeholders have indicated that provisions that would preserve existing tree canopy would be the primary priority for tree advocates, with re -planting of native species, to potentially replace lost habitat, and enhancement of the highway corridor secondary and tertiary concerns. Industrial development stakeholders have indicated that mitigation, tree survey, and replanting requirements can all be a concern because they present a regulatory hurdle to the type of development envisioned in this area —with mitigation most likely problematic on smaller sites and tree surveys more challenging on larger parcels. Staff is continuing to work with stakeholder groups to develop an amendment option that would better encourage industrial development and protect high value tree canopy. Concerns have been voiced that the Planning Board recommended approval may have added additional regulatory challenges for developers while not addressing the primary concerns of tree advocates. CLARIFICATIONS Freestanding Signs in the Office and Institutional (0&1) District Standards for freestanding signs in the 0&1 district are listed in Article 3 as district -specific standards and not included in the same table that outlines provisions for other districts. The proposed amendment moves all freestanding sign standards to Section 5.6: Signs and clarifies setback requirements. Board of Commissioners - October 3, 2022 ITEM: 15- 2 - 5 Specimen Tree Standards Applicability When the original specimen tree ordinance was adopted by the Board of Commissioners in 2019, it was explicitly stated that properties currently exempt from tree retention provisions, such as existing residential lots, would also be exempt from the new standards. The proposed amendment would codify the current staff interpretation that administrative waivers to dimensional requirements, such as setbacks, are available for residential properties if necessary to save specimen and significant trees. In the past, this has allowed for the preservation of two specimen live oaks. Utility Structure Heights Last year's UDO amendment to align with new state general statutes required a modification for the definition of the term building. This has created ambiguity regarding the types of structures that zoning district building height maximums apply to, and the proposed amendment clarifies that they do not apply to utility structures, such as water towers and power poles. Senior Living: Independent Living Retirement Communities The proposed amendment specifies that Independent Living developments must comply with the standards that apply to the type of dwelling unit included, such as multi -family standards apply to multi -family Independent Living developments. Variance Eligibility The proposed amendment clarifies that district specific provisions are eligible for variances. While development standards are located in multiple sections of the ordinance, the variance eligibility provisions currently only cite specific locations in the code. Airport Commerce (AC) District Height Provisions As the result of recent projects at the Wilmington International Airport business park, the proposed amendment clarifies height requirements in the AC zoning district. While the building height maximum currently listed in the district's table of dimensional standards is 35 ft., the Airport Height Restrictions provisions in Article 5, General Development Standards, allows for heights up to 50 ft. The proposed amendment clarifies this, using the same Additional Height Allowance language incorporated into the code last year, but specifies that heights over 35 ft. much be reviewed by the Federal Aviation Administration (FAA) with a finding of "no hazard." This language has been coordinated with ILM staff. Minimum Acreage for Planned Development (PD) and Urban Mixed Use Zoning (UMXZ) Districts The ordinance currently does not specify that land must be contiguous in order to meet the minimum district requirements for PD and UMXZ projects. The proposed amendment clarifies that this is a requirement, as it is important to ensure that proposed districts are the cohesive development projects intended. Performance Residential Building Separation Requirements The proposed amendment refines the building separation requirements for performance residential projects to clarify that attached dwelling units, such as townhomes and duplexes, have the same standards as single-family dwellings. These provisions were not updated in 2019 when new terms were added to the code, specifying a variety of attached dwelling types in addition to the detached single-family and multi -family terms used previously. Board of Commissioners - October 3, 2022 ITEM: 15- 2 - 6 UPDATES Minor Deviations As part of last year's amendment to align with new state general statutes, new provisions outlining when staff has the authority to approve minor deviations to a site plan administratively were adopted. These provisions control when changes to site plans associated with conditional zoning districts, special use permits, or master planned developments that occur during the technical permitting process require that a developer go back through the rezoning or special use permit process in order to update the site plan. Over the past year, staff has learned that in some situations, such as with building height increases, current authorities may allow changes greater than those anticipated by the reviewing and approving boards or the outside stakeholders involved in the original process. In other situations, current authorities may not reflect common types of changes that occur as site plans move through the engineering and technical permitting phases, even those they do not substantively change the way a project functions or its impact on adjacent properties or roadways. In those instances, having an applicant go back through the original approval process may require more board and stakeholder oversight than necessary given the nature of the change. The proposed amendment includes the following changes, though it should be noted that deviations to ordinance standards or specific conditions placed on an approval would not be allowed: • Expanding the current authority to allow deviations to building or structure placements by also allowing changes to building or site design configuration; • Replacing the authority to allow increases in building size and height with the more specific ability to allow increases in square footage of a use type (commercial, office, residential, etc.) not to exceed 10% and to limit increases in height to 10% or 10 ft., whichever is less, to reduce potential impacts now that taller buildings are allowed in the code; and • Adding the ability to approve changes to internal circulation patterns that do not impact public safety. As a note, the proposed amendment does include clarifying language added by the Planning Board to ensure that allowed increases will not exceed 10% of the original approval, not a subsequent deviation. Process Improvements The current tree removal permit process requires both the tree removal authorization and mitigation plan be approved up -front during the technical review process before a developer can receive an erosion and sedimentation control permit. Now that there are incentives built into the ordinance that allow retention of existing trees be used for mitigation and included in a project's landscaping plan, staff has found that mitigation plans must often be revised after stormwater and construction plan approvals because the location of infrastructure and other site design has shifted during the engineering process. This requires staff and the applicant duplicate efforts by repeating the plan review process. The proposed amendment would still require the tree removal authorization as part of the initial approval but allow the mitigation landscaping plan be reviewed after construction plan approval once all engineering has been completed. Staff has also proposed that lighting plan designs also be allowed to be submitted at the construction approval stage, which still allows review prior to installation of conduit for the lights. Lighting design work has been taking longer in recent years, and this process modification would allow developers to move forward with parts of their project even if their lighting design is delayed. Board of Commissioners - October 3, 2022 ITEM: 15- 2 - 7 Group Home Standards Group homes are commonly the subject of reasonable accommodation requests submitted to the Board of Adjustment. These types of requests are allowed in order to comply with the Federal Fair Housing Act, as they allow accommodations for persons with disabilities. Over the past seven years, the Board of Adjustment has received and approved seven requests for reasonable accommodations to allow eight residents in a group home (and eight request is pending at the time of the publishing of this staff report), though current ordinance standards allow a maximum of six. Other standards are in place for group homes that are more stringent than for other residential uses so impacts of the use are already mitigated, and in general, if the Board of Adjustment receives and approves multiple requests for the same action, it is a best practice to amend the standard. Definition of Family The current ordinance definition for family is outdated and does not include common household types, such as domestic partnerships and civil unions. The proposed amendment modernizes language and also includes provisions for households that include both related and unrelated people. PROPOSED AMENDMENT The proposed text amendment and supplemental summary sheets are attached, with red italics indicating new language and s4ilfethFeugh indicating provisions that are removed. Changes made to original drafts by the Planning Board are shown in bold blue text indicating new language and indicating proposed provisions that were recommended for removal. PLANNING BOARD RECOMMENDATION The Planning Board considered the proposed amendment at their September 1, 2022 meeting. At the public hearing, two members of the public spoke in support of the proposed amendment and four members of the public spoke in opposition, specifically to the Highway 421 Tree Removal Standards component. Due to the recusal of one Planning Board member from the Tree Removal Standards discussion, the Board voted 5-0 to recommend approval of that portion of the amendment with recommended changes and voted 6-0 to recommend approval of the remainder of the maintenance amendment with recommended changes They found RECOMMENDING APPROVAL of the proposed amendment to be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it provides up-to-date zoning tools that promote business success, provide for a range of housing opportunities, and support a mixture of uses. They also found RECOMMENDING APPROVAL of the proposed amendment reasonable and in the public interest because it provides for clear and effective ordinance standards. Board of Commissioners - October 3, 2022 ITEM: 15- 2 - 8 STAFF RECOMMENDATION Due to ongoing stakeholder concerns that the Planning Board recommended Highway 421 Tree Retention Standards amendment component may have added additional regulatory challenges for developers while not addressing the primary concerns of tree advocates, staff is continuing to work with stakeholder groups to develop an amendment option that would better encourage industrial development and protect high value tree canopy. The remainder of the maintenance amendment was developed by staff to address identified needs and technical fixes, so staff would concur with the Planning Board recommendation of approval of those components, with the suggested motion: I move to RECOMMEND APPROVAL of the proposed amendment to the New Hanover County Unified Development Ordinance to modernize, clarify, and update provisions. I find it to be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it provides up-to-date zoning tools that promote business success, provide for a range of housing opportunities, and support a mixture of uses. I also find RECOMMENDING APPROVAL of the proposed amendment reasonable and in the public interest because it provides for clear and effective ordinance standards. Board of Commissioners - October 3, 2022 ITEM: 15- 2 - 9 Subject Articles and Sections Article 2: Measurements and Definitions • Section 2.1: Measurements • Section 2.3: Definitions and Terms Article 3: Zoning Districts • Section 3.2: Residential Zoning Districts o Section 3.2.3, Residential District Specific Standards • Section 3.3: Mixed Use Zoning Districts o Section 3.3.4, Urban Mixed Use Zoning (UMXZ) o Section 3.3.7, Planned Development (PD) District • Section 3.4: Commercial and Industrial Districts o Section 3.4.6, Office and Institutional (0&1) District o Section 3.4.9, Airport Commerce (AC) District Article 4: Uses and Use -Specific Standards • Section 4.3: Standards for Specified Principal Uses o Section 4.3.2, Residential Uses • Section 4.4: Accessory Use and Structure Standards o Section 4.4.4, Standards for Specified Accessory Uses and Structures Article 5: General Development Standards • Section 5.3: Tree Retention o Section 5.3.3, Tree Inventory o Section 5.3.4, Tree Retention Standards o Section 5.3.5, Tree Removal Permits o Section 5.3.7, Mitigation • Section 5.5: Exterior Lighting o Section 5.5.3, Time of Review o Section 5.5.4, General Standards • Section 5.6: Signs o Table 5.6.2.J.4.a, Freestanding Sign Standards Article 10: Administrative Procedures • Section 10.3: Application -Specific Procedures o Section 10.3.3, Conditional Zoning o Section 10.3.4, Master Planned Development o Section 10.3.5, Special Use Permit o Section 10.3.9, Tree Removal Permit o Section 10.3.1 1, Variance — Zoning and Subdivision Board of Commissioners - October 3, 2022 ITEM: 15- 2 - 10 Unified Development Ordinance (UDO) Maintenance Amendment — Additions &Modernizations Code Sections Affected Key Intent Section 2.1, Add provisions to modernize standards and ensure ordinance can address new Measurements development trends Section 3.2.3, Residential District Changes Specific Standards • Standards regarding fixture height and cut-offs added for light fixtures on Section 5.3.7, non-residential and multi -family sites adjacent to single family Mitigation neighborhoods to reduce potential impacts. (See Section 5.5, Exterior Lighting) Section 5.4.6, • Extension of current limits on inoperative motor vehicles on residential lots Street Yard to inoperative boats, limiting more than one inoperative boat on a property Standards unless within an enclosed structure. (See Section 3.2.3, Residential Section 5.5, District Specific Standards) Exterior Lighting Specifications provided for the extent building appurtenances, such as HVAC systems and cantilevers, can encroach into a setback. (See Section 2.1, Measurements) • Tree mitigation requirements for projects in the Hwy 421 industrial corridor removed to support ongoing investment, though specimen tree protections landscaping and buffering requirements would still apply. In addition, supplementary street yard landscaping requirements to enhance the corridor would also be required. Note: At the August 4, 2022 Planning Board meeting, staff was requested to look into a potential amendment that would alleviate development challenges in this area related to existing tree retention standards. (Section 5.3.7, Mitigation and Section 5.4.6, Street Yard Standards) Provisions updated per September 1, 2022 Planning Board public hearing recommendations are shown in bold blue text or Grossed out row itafiG" yard of Commissioners - October 3, 2022 ITEM: 15- 3 - 1 2022-10 - Unified Development Ordinance (UDO) Maintenance Amendment — Board of Commissioners Public Hearing Draft — Additions & Modernizations Article 2: Measurements and Definitions Section 2.1. Measurements ENCROACHMENTS Certain building features, mechanical equipment and other landscape features are allowed to encroach upon the front, side and rear setbacks and into the periphery setback for lots within performance residential subdivisions. Encroachments into access easements are prohibited. All encroachments are subject to the standards found in Article 9: Flood Damage Prevention, but the definition included there is for the purpose of that article only. A. ARCHITECTURAL FEATURES Building features, such as but not limited to, balconies, bay windows, cantilevers, chimneys, cornices, eaves, fire escapes, and sills, may encroach 4 feet into a required setback but no closer than 3 feet from any property line and must meet all fire and building code requirements. B. MECHANICAL EQUIPMENT Mechanical equipment, such as but not limited to, heating and air conditioning equipment, backup power generator, electrical fuse box and meter, or natural gas meter may encroach 5 feet into a required setback but no closer than 3 feet from any property line so long as fire, building, and manufacturer's requirements are met. C. ACCESSIBILITY FEATURES Stairs and exterior elevators may encroach 2 feet into a required setback but no closer than 3 feet to the property line. 2. Americans with Disabilities Act -required accessibility features or temporary accessibility ramps may encroach into a required setback as necessary to meet building code requirements but must be a minimum of 3 feet from the property line. SETBACK The minimum distance a building or structure must be separated from the lot lines. Setbacks are specified as front, side, and rear; are located within the corresponding front, side, and rear yards; and establish the minimum required front, side, and rear yards. Setbacks shall not be occupied or obstructed by a structure or portion of a structure, unless otherwise allowed by another provision of this Ordinance. Setbacks shall be measured from the structure. If a roof overhang extends more than two feet from the structure, the setback shall be measured from the drip line of the roof. Cantilevers shall be considered part of the roof overhang if the combined distance of the cantilever and roof overhang do not extend more than 2 feet. Fences, walls, poles, posts, and other customary yard accessories, ornaments, and furniture may be permitted in any setback subject to height limitations and requirements limiting obstruction of visibility. Private driveways or easements serving three or fewer lots in accordance with Section 5.2.2.3 may also be permitted in any setback. Board of Commissioners - October 3, 2022 ITEM: 15- 3 - 2 2022-10 - Unified Development Ordinance (UDO) Maintenance Amendment — Board of Commissioners Public Hearing Draft —Additions & Modernizations Minimum setback distances for overhead canopies shall be determined by measuring a straight line distance from the nearest point of the required reference boundary (i.e., street right-of-way, zoning district line, or property line) to the point on the ground surface which is perpendicular to the closest edge of the canopy overhang. Setback distances from street rights -of -way may be reduced by one half. A. SETBACK, FRONT The depth of a front setback shall be measured at right angles to a straight line joining the foremost points of the side lot lines, and in such a manner that the front yard established shall provide minimum depth parallel to the front lot line. B. SETBACK, SIDE The width of a side setback shall be measured in such a manner that the side yard established is a strip of the minimum width required by the district regulations with its inner edge parallel with the side lot line. C. SETBACK, REAR The depth of a rear setback shall be measured in such a manner that the rear yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the rear lot line. D. SETBACK LINE The line on the front, rear, and sides of a lot, which delineates the area upon which a structure may be built and maintained. Article 3: Zonina Districts Section 3.2. Residential Zoning Districts 3.2.3. RESIDENTIAL DISTRICT SPECIFIC STANDARDS A. Storage of Inoperative Motor Vehicles and Boats a. It shall be unlawful for any person to store, keep, or maintain more than one inoperative motor vehicle in any residential district. b. It shall be unlawful for any person to store, keep, or maintain more than one visiblly inoperative, wrecked, or dismantled boat outside of an enclosed accessory structure in any residential district. Board of Commissioners - October 3, 2022 ITEM: 15- 3 - 3 2022-10 - Unified Development Ordinance (UDO) Maintenance Amendment — Board of Commissioners Public Hearing Draft —Additions & Modernizations Article 5: General Development Standards Section 5.3. Tree Retention 5.3.7. MITIGATION A. When Significant Trees are authorized for removal by a tree removal permit or Specimen Trees are authorized for removal by a variance, they shall be replaced at a rate of 2.0 times the caliper inches at DBH removed, except as provided in subsections D and E below and Section 5.3.8, Optional Incentives for Retaining Trees. B. Each replacement tree shall be a minimum of 2-inch caliper size at time of planting. C. Replacement trees should reflect the type (e.g., hardwood, flowering, evergreen, deciduous, canopy, understory, etc.) of tree being removed to the maximum extent practicable based on the compatibility of the species with proposed buildings and infrastructure, existing environmental conditions, and diversity of tree species. D. If the Planning Director determines it is infeasible for a portion or all of the replacement tree(s) to be accommodated on the site, the Planning Director may direct that an in -lieu fee be paid to the County's Tree Improvement Fund. The mitigation fee as set forth in the County's fee schedule shall be charged for every inch at DBH of Significant Tree removed and two times every inch at DBH of Specimen Tree removed. E. Properties zoned 1-2 located along the Hwy 421 corridor between the Isabel Holmes Bridge to the south, the Pender County line to the north, the Cape Fear River to the west, and the Northeast Cape Fear River to the east shall not be required to mitigate removed Significant trees or Specimen trees. These sites shall still be required to meet all requirements of Section 5.4, Landscaping and Buffering or pay an in -lieu fee as described in D above if the Planning Director determines that required trees cannot be accommodated on the site. F. Significant Trees and Specimen Trees that are removed by spading and planted elsewhere on the site are exempt from mitigation. Significant Trees and Specimen Trees that are removed by spading and accepted by the County for planting on property at a location designated by the County Manager are exempt from mitigation. Any tree that has been transplanted for the purpose of this section and becomes diseased or dies within three years of transplanting shall be replanted by the party requesting the exemption with a tree of the same species and size or mitigated pursuant to this article. Board of Commissioners - October 3, 2022 ITEM: 15- 3 - 4 2022-10 - Unified Development Ordinance (UDO) Maintenance Amendment — Board of Commissioners Public Hearing Draft —Additions & Modernizations Section 5.4. Landscaping and Buffering 5.4.6. STREET YARD STANDARDS A. Street yard landscaping is required for new construction of principal structures, expansions to existing structures, and changes of use whenever additional off-street parking is required, excluding the following uses: 1. General Agricultural and Forestry Uses; 2. Residential development unless built to the commercial building code: 3. Private Residential Boating Facilities; 4. Cemeteries; 5. Park and Recreation Areas with no structures or parking areas; and 6. Utility lines. B. Street yard area shall be required in accordance with the specifications outlined in Table 5.4.6.B, Street Yard Area Standards. The applicant may install the street yard in any configuration that provides the required amount of street yard square footage between the property line and any site improvements and that conforms with required street yard minimum and maximum widths. Street yards may be located within any required setback. Board of Commissioners - October 3, 2022 ITEM: 15- 3 - 5 2022-10 - Unified Development Ordinance (UDO) Maintenance Amendment — Board of Commissioners Public Hearing Draft — Additions & Modernizations Zoning District or Use B-2, CS, 1-1, 1-2, AC Required Area • 25 square feet for every linear foot of street yard frontage • Minimum street yard width: 12.5 feet • Maximum street yard width: 37.5 feet B-1, CB, 0&1, RMF-L, RMF-M, RMF-MH, RMF-H, EDZD, UMX2 Districts 0 18 square feet for every linear foot of street yard frontage Developments with Additional Dwelling 0 Minimum street yard width: 9 feet Allowance or High -Density Development @ Maximum street yard width: 27 feet Special Use Permit [09-08-2020] [03-21-2022] • 12 square feet for every linear foot of street Non -Residential Uses in Residential yard frontage Districts 0 Minimum street yard width: 8 feet • Maximum street yard width: 18 feet — The road fronting width of driveways are not included in the linear street frontage when determining the base street yard area. [09-08-20201 — The area of any walkways, sidewalks or other bicycle and pedestrian facilities, and transit amenities shall be subtracted from the base street yard area required above to get the total required street yard area. — Areas designated for stormwater functions, except piped areas, shall not be included in the required street yard area. — The applicant may choose to increase the required square footage per linear foot up to 25 percent to receive an equivalent reduction in the building's front yard setback- - The applicant may install the street yard in any configuration that provides the required amount of street yard square footage between the property line and any site improvements as long as it remains in compliance with the minimum and maximum widths outlined above. C. For every 600 square feet of street yard area on average, the following landscaping shall be provided: 1. One canopy/shade tree or if overhead power lines are located above the street yard, three (3) understory trees; and 2. Six shrubs, 12 inches in height at time of planting. D. For proverties with %J11.dge on nwy 421 between the Isabel Homes Bridge to the south and the Pender County line to the north, in addition to the landscaping required by subsection C above, the property owner shall provide, within the first 10 feet of land adjacent to and parallel to the right-of-way, one deciduous or evergreen tree native to the Hwy 421 area, as included in the "Tree and Plant Materials for Landscaping" manual, a minimum of three inches caliper in size at time of planting, planted along every 40 feet of road frontage Board of Commissioners - October 3, 2022 ITEM: 15- 3 - 6 2022-10 - Unified Development Ordinance (UDO) Maintenance Amendment — Board of Commissioners Public Hearing Draft —Additions & Modernizations on average. Plantings may be moved outside this area if it is determined that overhead power lines would interfere with the trees' natural growth. E. Street yard landscaping shall be required along all street frontages. For sites with two or more street frontages, only the primary street frontage shall be required to contain the full amount of street yard as determined in Table 5.4.6.13: Street Yard Area Standards. Secondary street frontages are required to contain 50 percent of the required street yard area. F. If there are existing trees of a minimum two inches DBH in the proposed street yard, the Planning Director may grant credit for those trees toward meeting tree preservation requirements. In addition, the Planning Director may require the saving of any regulated tree in the street yard area. G. On a case -by -case basis, the Planning Director may approve alternate planting materials or substitutions to street yard planting requirements where requirements would not be practical due to existing vegetation or other unique conditions. Such substitutions shall be determined to be in keeping with the purpose and intent of this section. H. For all lots of record two acres or less in size, if the Planning Director determines that the essential site improvements cannot be accommodated under these requirements, then the required street yard area may be reduced by one-half, but in no case shall it be reduced less than one-half. I. Walkways, sidewalks, or other bicycle and pedestrian facilities, fountains, walls or fences, and transit amenities shall be permitted within the street yard; however, parking areas shall not be permitted. Section 5.5. Exterior Lighting 5.5.3. TIME OF REVIEW Information about the exterior lighting for the site that demonstrates compliance with the standards in this section shall be submitted in conjunction with an application for site plan approval (Section 10.3.6, Site Plan) or zoning compliance approval (Section 10.3.8, Zoning Compliance Approval), whichever comes first. An administrative waiver for this requirement to allow submittal of the lighting plan no later than the time of construction plan approval may be granted by the Planning Director, provided the application is accompanied by a letter from the utility provider or lighting designer explaining why the lighting plan cannot be submitted at the time of site plan approval or zoning compliance approval. 5.5.4. GENERAL STANDARDS B. Maximum Height The height of exterior light fixtures for nonresidential, multi -family, and mixed -use developments adjacent to single family residential subdivisions shall not exceed 25 feet, whether mounted on poles, walls, or by other means. Board of Commissioners - October 3, 2022 ITEM: 15- 3 - 7 2022-10 - Unified Development Ordinance (UDO) Maintenance Amendment — Board of Commissioners Public Hearing Draft —Additions & Modernizations C. Fixture Cut -Offs All exterior luminaries, including security lighting, for nonresidential, multi -family, and mixed -use developments adjacent to single family residential subdivisions shall be full cut-off fixtures that are directed downward (see Figure 5.5.4.C: Full Cut-off Fixtures). In no case shall lighting be directed at or above a horizontal plane through the lighting fixture. Figure 5.5.4. C: Full Cut-off Fixtures Board of Commissioners - October 3, 2022 ITEM: 15- 3 - 8 2022-10 - Unified Development Ordinance (UDO) Maintenance Amendment — Board of Commissioners Public Hearing Draft —Additions & Modernizations Board of Commissioners - October 3, 2022 ITEM: 15- 3 - 9 Unified Development Ordinance (UDO) Maintenance Amendment — Clarifications Code Sections Affected Key Intent Section 3.1.3, Clarify existing ordinance standards and requirements so ordinance users Superseding understand the provisions the same way Dimensional Standards Changes Section 3.3.3, Planned Include the freestanding sign standards for the Office & Institutional (0&1) Development (PD) district in the same place and format as the provisions for other zoning District districts. (See Section 3.9.6, Office and Institutional (OW) District and Table 5.6.2.J.4.a: Freestanding Sign Standards) Section 3.3.4, Clarify the applicability of specimen tree standards on existing residential Urban Mixed Use lots. While generally exempt from tree retention standards, dimensional Zoning (UMXZ) waivers to allow specimen trees to be retained still apply. (See Section 5.3.4, Tree Retention Standards) Section 3.9.6, Office and • Add language specifying that zoning district height maximums are not Institutional (0&1) intended to apply to utility structures, such as power poles and water District towers. (See Section 3.1.3, Superseding Dimensional Standards) Section 3.9.9,Communities • Outline provisions for Senior Living: Independent Living Retirement requiring developments comply with the standards required Airport Commerrcece for the type of dwelling unit included, e. yp g g., multi -family standards apply for (AC) District multi -family independent living projects, single family standards apply for Section 4.2.3, single family independent living projects. (See Section 4.2.3, Residential Residential Uses Uses) • Specify that development standards are eligible for variances regardless of Article 5.3.4, where they are located within the ordinance. (See Section 10.3.11, Tree Retention Variance — Zoning and Subdivision) Standards • Clarify that buildings may be taller than 35 ft. in the Airport Commerce Zone Table 5.6.2.J.4.a, if allowed in the Airport Height Restrictions Standards and approved by the Freestanding Sign Federal Aviation Agency (FAA). (See Section 3.9.9, Airport Commerce Standards (AC) District) Section 10.3.11, . Add language to make it clear that the minimum acreage required for Variance — Zoning Planned Development and Urban Mixed Use Zoning Districts must be and Subdivision contiguous. (See Section 3.3.3, Planned Development (PD) District and Section 3.3.4, Urban Mixed Use Zoning (UMXZ)) • Refine building separation requirements for performance residential projects to clarify that attached dwelling units, such as townhomes and duplexes, have the standards as for single family dwellings. (See Section 3.1.3, Superseding Dimensional Standards and Section 3.3.3., Planned Development (PD) District) Provisions updated per September 1, 2022 Planning Board public hearing recommendations are shown in bold blue text or Grosser/ out rerl italiGs 9 oard of Commissioners - October 3, 2022 ITEM: 1 `r 4 - 1 2022-10 - Unified Development Ordinance (UDO) Maintenance Amendment — Board of Commissioners Public Hearing Draft— Clarifications Article 3: Zoning Districts Section 3.1. General 3.1.3. SUPERSEDING DIMENSIONAL STANDARDS Dimensional standards for each zoning district are in tabular format in this article. Notes within each table provide additional details where necessary, and rules for measuring dimensional standards are in Section 2.1: Measurements. The dimensional standards in this article apply generally, but may be superseded by other standards in this Ordinance, including but not limited to the standards identified in this section. A. Use -Specific Standards Superseding dimensional standards are set forth for some uses in Article 4: Uses and Use -Specific Standards. B. Structural Appurtenances or Utility Structures The height limitations contained in the table of dimensional standards for each zoning district do not apply to antennas, water tanks, ventilators, chimneys, or other appurtenances, which are required to be placed above the roof level and not intended for human occupancy, or utility structures such as utility poles and water towers. C. Additional Standards in Certain Districts When Adjacent to Residential Properties [11-16-2020][11-01-2021] D. Performance Residential Performance Residential Developments are not subject to the minimum lot size, minimum lot width, and front, rear, and side setback requirements in the zoning district where they are located. Performance Residential Developments shall comply with the standards in this section and with all other applicable standards in this Ordinance. 1. Setbacks and Spacing Buildings on the periphery of a Performance Residential Development shall setback a minimum of 20 feet from the adjoining property line. Multi -family dwelling units shall be spaced a minimum of 20 feet from any part of another dwelling unit. All other dwelling types shall be spaced a minimum of 10 feet from each other. t11-16-20201 Board of Commissioners - October 3, 2022 ITEM: 15- 4 - 2 2022-10 - Unified Development Ordinance (UDO) Maintenance Amendment — Board of Commissioners Public Hearing Draft— Clarifications Section 3.3. Mixed Use Zoning Districts 3.3.4. URBAN MIXED USE ZONING (UMXZ) D. District Dimensional Standards [11-01-20211 Standard All Uses Minimum district size acres 5* Setbacks Minimum distance from single family 35 feet for buildings <_ 35 feet in height residential zoning districts 45 feet for buildings > 35 feet in height Maximum distance from any street (feet) 10** Maximum single family residential density 15 (dwelling units/acre Maximum multi -family residential density 25 (dwelling units/acre Maximum vertically integrated mixed -use 36 building density (dwelling units/acre Building height, maximum Established in MPD Master Plan in accordance with Section 3.3.3.A, MPD Master Plan * 5 acres shall be contiguous or separated only by an easement, right of way, or street. ** Front setbacks are not required along alleyways; TRC may waive strict adherence to requirement where an existing easement or significant natural feature exists. Board of Commissioners - October 3, 2022 ITEM: 15- 4 - 3 2022-10 - Unified Development Ordinance (UDO) Maintenance Amendment — Board of Commissioners Public Hearing Draft— Clarifications 3.3.7. PLANNED DEVELOPMENT (PD) DISTRICT f09-08-20201 D. District Dimensional and Density Standards [09-08-2020][11-01-2021] Standard Residential Uses Commercial Uses F Industrial Uses Minimum district size, under common ownership or joint petition: 10 acres * Building setback from PD District 20 CB Setback 1-1 Setback boundaryfeet Requirements Requirements Building setback from pedestrian 10 and bicycle paths feet Front setback (feet) Established in MPD Master Plan in accordance with Section 3.3.3.A, MPD Master Plan Side setback, street (feet) Side setback, interior (feet) Rear setback (feet) Density, maximum (du/acre) ** Intensity, maximum Established in MPD Master Plan in accordance with Section 3.3.3.A, MPD Master Plan Building height, maximum Established in MPD Master Plan in accordance with Section 3.3.3.A, MPD Master Plan * 10 acres shall be contiguous or separated only by an easement, right of way, or street. ** Maximum density in Urban Mixed -Use areas identified on the New Hanover County Future Land Use Map shall be established in the MPD Master Plan. Maximum Density in areas outside of the Urban Mixed -Use areas shall also be established in the MPD Master Plan but shall not exceed 17 dwelling units per acre. E. Other District Standards 4. Building Separations Standards a. The project shall be designed so as to avoid encroachment into the path of any proposed transportation project included in the Wilmington MPO's Metropolitan Transportation Plan. b. Multi -family dwelling units shall be spaced a minimum of 20 feet from any part of another dwelling unit. All other dwelling types shall be spaced a minimum of 10 feet from each other. [11-16-20201 Board of Commissioners - October 3, 2022 ITEM: 15- 4 - 4 2022-10 - Unified Development Ordinance (UDO) Maintenance Amendment — Board of Commissioners Public Hearing Draft— Clarifications Section 3.4. Commercial and Industrial Districts 3.4.6. OFFICE AND INSTITUTIONAL (0&1) DISTRICT E. Other District Standards 1. Signs. .. ._ . NIPPON Noll 110 ill 4—Signs or a directional nature shall be permitted; however, each such sign shall not exceed 2 square feet in surface area (one side) with no lighting and shall be limited to 7 feet in height. 2. Lighting. The source of any outdoor lighting in an 0&1 district shall be concealed so as not to be visible from any public street or any residential lot. 3.4.9. AIRPORT COMMERCE (AC) DISTRICT D. District Dimensional Standards Standard All Uses Lot area, minimum (square feet 43,560* 1 Lot width, minimum (feet) 150 2 Front setback (feet) 50 3 Side setback, street (feet) 50 Side setback, interior ** Rear setback ** Building height, maximum (feet) 35*** Additional height allowance, maximum (feet) 50*** * Any property subdivided and recorded prior to June 1, 1981 may be less than the minimum lot area, provided such lots are located outside of an approach zone for Wilmington International Airport. Any such property located within an airport approach zone may be approved pursuant to a Special Use Permit issued in accordance with 10.3.5: Special Use Permit. ** Determined in accordance with Section 3.1.3.C, Additional Standards in Certain Districts. ***Unless otherwise specified in Section 5.10, Airport Height Restrictions. Any proposed height above 35 ft will require AA ipo,ov.-4 that a 7460 be filed with the FAA and an FAA determination of "no hazard." Board of Commissioners - October 3, 2022 ITEM: 15- 4 - 5 2022-10 - Unified Development Ordinance (UDO) Maintenance Amendment — Board of Commissioners Public Hearing Draft — Clarifications Article 4: Uses and Use -Specific Standards Section 4.3. Standard for Specific Principal Uses 4.3.2. RESIDENTIAL USES A. Household Living 12. Senior Living: Independent Living Retirement Community Any independent living retirement community shall comply with the dwelling type standards applicable for the development or unit type. For example, if a multi -family structure is included in the development, the dwelling must comply with multi -family dwelling unit standards. Board of Commissioners - October 3, 2022 ITEM: 15- 4 - 6 2022-10 - Unified Development Ordinance (UDO) Maintenance Amendment — Board of Commissioners Public Hearing Draft— Clarifications Article 5: General Development Standards Section 5.3. Tree Retention 5.3.4. TREE RETENTION STANDARDS B. The Planning Director may permit or require a reduction in required street yards, landscape islands, foundation plantings, setbacks, or other dimensional, parking, or landscaping standards for the purpose of retaining significant or specimen trees,. - including on single family lots otherwise exempt from these standards. Section 5.6. Signs 5.6.2. GENERAL PROVISIONS J. Signs Which Require a Permit 4. Principal Use Signs a. Freestanding Signs TableStandards Zoning Number Street Front Maximum Maximum Maximum Maximum District of Lanes Frontage Setback Primary Aux. Sign Primary Auxiliary (Feet) [1] (Min./Max.) Sign Height Sign Area Sign Area (Feet) [2] [3] Height (Feet) (Square (Square (Feet) Feet) Feet) 2 N/A 10120 20 10 12 25 O&1 4 >700 70120 20 N/A 75* N/A B-1, PD, 2 N/A 10120 20 10 50 25 CB [o9-o8- < 100 10 / 20 20 N/A 50 N/A 20201 4 > 100 10120 20 12 65 32 < 100 10 / 20 20 N/A 65 N/A B-2, CS, I- 2 > 100 10 / 25 20 18 100 50 1, 1-2, AC, < 100 10 / 25 20 N/A 100 N/A SC (09-08- 20201 4 > 100 10 / 30 25 20 150 75 > 300 10 / 30 30 20 175 90 NOTES: [1] Number of lanes refers to the ultimate number of lanes based upon existing roadway conditions or upon construction plans approved as part of the current NC DOT Transportation Improvement Program. [2] Notwithstanding the minimum and maximum front setback requirements indicated above, primary freestanding signs which do not exceed six feet in height and are less than 76 percent of the maximum sign area established above, may be located within five feet of the front property line and shall have no maximum front setback. [3] Front Setback refers to the setback from the front or corner side property lines. Board of Commissioners - October 3, 2022 ITEM: 15- 4 - 7 2022-10 - Unified Development Ordinance (UDO) Maintenance Amendment — Board of Commissioners Public Hearing Draft — Clarifications * Signs area for properties located adjacent to minor or major arterials as identified on the officially adopted WMPO Functional Classification Map. Otherwise, the maximum area for 2-lane roadways shall apply. 1. Primary. One primary freestanding sign per premises, in accordance with Table 5.6.2.J.4.a: Freestanding Sign Standards. Board of Commissioners - October 3, 2022 ITEM: 15- 4 - 8 2022-10 - Unified Development Ordinance (UDO) Maintenance Amendment — Board of Commissioners Public Hearing Draft— Clarifications Article 10. Administrative Procedures Section 10.1. Advisory and Decision -Making Bodies 10.3.11. VARIANCE — ZONING AND SUBDIVISION A. Purpose The purpose of a variance is to allow certain deviations from specified standards of this Ordinance when the landowner demonstrates that, owing to special conditions beyond the landowner's control (such as exceptional topographical conditions, narrowness, shallowness, or the shape of a specific parcel of land), a literal application of the standards would result in undue and unique hardship to the landowner and the deviation would not be contrary to the public interest. B. Applicability 1. The variance procedure in this section may be used to vary any of the following standards: a. General development standards and Sstandards for maximum height, maximum lot coverage, setbacks, minimum lot area, and minimum lot width for each zoning district in Article 3: Zoning Districts; b. Article 5: General Development Standards; and c. Article 6: Subdivision Design and Improvement. Board of Commissioners - October 3, 2022 ITEM: 15- 4 - 9 Unified Development Ordinance (UDO) Maintenance Amendment — Updates Code Sections Affected Section 2.3, Definitions and Terms Section 4.3.2, Residential Uses Section 5.3, Tree Retention Section 5.5, Exterior Lighting Section 10.3, Application -Specific Procedures Key Intent Update existing standards to ensure ordinance provisions are effective and work the way they are intended Changes • Modification of when staff has the authority to approve minor deviations to a site plan administratively to limit the ability to modify changes in height for taller buildings and to allow for non -substantive changes likely to occur during the engineering and technical permitting phases of a project. (See Article 10.3, Application -Specific Procedures) • Codification of development review process timing for tree removal permit related -landscaping plans and for lighting designs. (See Section 5.3, Tree Retention, Section 10.3, Application -Specific Procedures, and Section 5.5, Exterior Lighting) • Incorporate a frequent reasonable accommodation request received by the Board of Adjustment and increase the number of residents with disabilities allowed in a group home from six to eight (See Section 4.3.2, Residential Uses) • Revise the definition of family to allow household types such as domestic partnerships and civil unions not currently covered under the ordinance provisions and those that include both related and unrelated people. (See Section 2.3, Definitions and Terms) Provisions updated per September 1, 2022 Planning Board public hearing recommendations are shown in bold blue text or Grosser/ out rerl italiGs Board of Commissioners - October 3, 2022 ITEM: 15- 5 - 1 2022-09 - Unified Development Ordinance (UDO) Maintenance Amendment — Board of Commissioners Public Hearing Draft— Updates Article 2: Measurements and Definitions Section 2.3. Definitions and Terms FAMILY One or more persons occupying a single dwelling unit, provided that unless all members are related by blood, adoption, er-marriage, domestic partnership, or civil union, living together as a single housekeeping unit, no such family shall contain over three persons, but further provided that: A.DorneSt in seNants employed on the promises may he housed OR the premises without h g GeURted as port of the family residiRg OR the 1— The family contains no more than three unrelated persons in addition to related householder members. and B. A foster home as designated by the North Carolina Department of Social Services for the care of not more than five children less than 18 years of age shall be considered as family. C. Any child less than eighteen years of age living with parent(s) or a legal guardian is not to be counted as a person in the calculations. Board of Commissioners - October 3, 2022 ITEM: 15- 5 - 2 2022-09 - Unified Development Ordinance (UDO) Maintenance Amendment — Board of Commissioners Public Hearing Draft— Updates Article 4: Uses and Use -Specific Standards Section 4.3. Standard for Specific Principal Uses 4.3.2. RESIDENTIAL USES B. Group Living 1. Group Home [11-16-2020] Group homes shall comply with the following standards: a. Group homes shall be limited to eight six disabled —persons with disabilities, living together as a self-supporting and self-sufficient household unit. b. No group home shall be occupied or operated without zoning approval. 1. Group homes that are exempt from licensure pursuant to NCGS §122C-22 must recertify their exemption status annually; and 2. Group homes for special needs persons must recertify qualification of all residents as special needs persons annually. c. Group homes shall not be located closer than 2,000 feet to any other existing group home, measured by a straight line from the nearest property lines, irrespective of jurisdictional boundaries. The distance shall be reduced by the right-of-way of a major thoroughfare exceeding 100 feet, major topographical features such as a major watercourse, or by major nonresidential or public uses such as a park, school, or religious institution. d. Reasonable accommodations shall be provided in accordance with Section 10.3.13 Reasonable Accommodation. Board of Commissioners - October 3, 2022 ITEM: 15- 5 - 3 2022-09 - Unified Development Ordinance (UDO) Maintenance Amendment — Board of Commissioners Public Hearing Draft— Updates Article 5: General Development Standards Section 5.3. Tree Retention 5.3.3. TREE INVENTORY Regulated trees existing on a site at the time of development application that aFe Feq iiFe d +„ be retaiRe d or replaGed in aGGGF daRGe with this son+i.,r, shall be inventoried by a cover type survey conducted by point sampling, fixed plot sampling, field survey or other method approved by the Planning Director. Areas that will not be disturbed shall be delineated as such and do not require inventorying individual trees. 5.3.5. TREE REMOVAL PERMITS A. Unless a waiver, exemption, or exception applies in accordance with Section 5.3.1, Applicability or Section 10.3.9.13.2, Waivers, Exemptions, and Exceptions, no person, directly or indirectly, shall remove any regulated tree identified in Section 5.3.4, Tree Retention Standards, from public or private property without first obtaining a tree removal permit in accordance with Section 10.3.9, Tree Removal Permit. B. Unless a waiver, exemption, or exception applies in accordance with Section 10.3.9.13.2, Waivers, Exemptions, and Exceptions, a tree removal permit authorizing removal is required before any clearing, grading, or other authorizations may be issued, including building permits. The portion of the tree removal permit approving the required mitigation plan shall not be required until construction plan approval. The removal of any specimen tree is prohibited on any parcel unless exempt according to Section 10.3.11, Variance — Zoning and Subdivision. If a specimen tree is removed without a permit, the penalty for this violation shall be twice the mitigation fee. Section 5.5. Exterior Lighting 5.5.3. TIME OF REVIEW Information about the exterior lighting for the site that demonstrates compliance with the standards in this section shall be submitted in conjunction with an application for site plan approval (Section 10.3.6, Site Plan) or zoning compliance approval (Section 10.3.8, Zoning Compliance Approval), whichever comes first. approved no later than at time of construction plan approval. Board of Commissioners - October 3, 2022 ITEM: 15- 5 - 4 2022-09 - Unified Development Ordinance (UDO) Maintenance Amendment — Board of Commissioners Public Hearing Draft — Updates Article 10. Administrative Procedures Section 10.3. Application -Specific Procedures 10.3.3. CONDITIONAL ZONING C. Conditional Zoning Procedure 7. Post -Decision Limitations and Actions The post -decision limitations and actions in Section 10.2.10, Post -decision Limitations and Actions, apply, in addition to subsections a through c below. b. Minor Deviations [05-03-20211 Subsequent applications for development within a conditional zoning district may include minor modifications from the approved conceptual site plan, provided such modifications do not result in a change in the permitted uses or density, specified conditions of approval, or aPA otherwise have no material effect on the character of the approved development. Changes in the following constitute minor modifications that may be approved by the Planning Director: 1. Modifications in building or structure placement, provided the placement complies with the setbacks of the corresponding base zoning, and does not decrease the setbacks agreed to apd approved d iriRg the GGRditiGRal rezwl lir,IZIrY r peens by more than 10 percent rrom wnat was originally approved, 2. Modifications in building, stru^t�er site—Gonfiguration me configuration of the building(s), structure(s), or site plan; 3. Increases to buildiRg ^r S+r„E+„re size and heigh+ the square footage of a particular use category (e.g. residential, commercial) not to exceed 10 percent from what was originally approved provided all other applicable standards of this Ordinance are met; 4. Increases to building or structure height not to exceed 10 percent or 10 feet from what was originally approved, whichever is less, provided all other applicable standards of this Ordinance are met,- 5. Modifications to structure floor plans; 6. Modifications to the driveway locations not exceeding 10 percent of the length of the subject property line, or as required by the North Carolina Department of Transportation; 7. Modifications to the proportion of housing type not to exceed 10 percent .. vi„ what was originally-,oprovE ; and 8. Modifications of internal circulation patterns not impacting public safety. Board of Commissioners - October 3, 2022 ITEM: 15- 5 - 5 2022-09 - Unified Development Ordinance (UDO) Maintenance Amendment — Board of Commissioners Public Hearing Draft— Updates 10.3.4 MASTER PLANNED DEVELOPMENT C. Master Planned Development Procedure 8. Post -Decision Limitations and Actions e. Minor Deviations [05-03-20211 Subsequent applications for development within a master planned development district may include minor modifications from the approved MPD Master Plan and MPD Terms and Conditions document, provided such modifications do not result in a change in permitted uses or density, specified conditions of approval, or and otherwise have no material effect on the character of the approved development. Changes in the following constitute minor modifications that may be approved by the Planning Director: 1. Modifications in building or structure placement, provided the placement does not decrease approved setbacks by more than 10 percent from what originally approved; 2. Modifications in "u-'^'6trVeturersite —eERfigUR the configuration of the building(s), structure(s), or site plan; 3. Increases to building OF StF UetUre size and heigh the square footage of a particular use category (e.g. residential, commercial) not to exceed 10 percent from what was originally approved provided all other applicable standards of this Ordinance are met; 4. Increases to building or structure height not to exceed 10 percent or 10 feet from what was originally approved, whichever is less, provided all other applicable standards of this Ordinance are met, 5. Modifications to structure floor plans; 6. Modifications to the driveway locations not exceeding 10 percent of the length of the subject property line, or as required by the North Carolina Department of Transportation; 7. Modifications to the proportion of housing type not to exceed 10 percent from what was originally approved; and 8. Modifications of internal circulation patterns not impacting public safety. 10.3.5. SPECIAL USE PERMIT C. Special Use Permit Procedure 7. Post -Decision Limitations and Actions b. Minor Deviations [05-03-20211 Board of Commissioners - October 3, 2022 ITEM: 15- 5 - 6 2022-09 - Unified Development Ordinance (UDO) Maintenance Amendment — Board of Commissioners Public Hearing Draft— Updates Subsequent applications for development pursuant to an approved special use permit may include minor modifications from the approved special use permit, provided such modifications do not result in a change in permitted uses or density, specified conditions of approval, or aFd otherwise have no material effect on the character of the approved development. Changes in the following constitute minor modifications that may be approved by the Planning Director. 1. Modifications in building or structure placement, provided the placement complies with the setbacks of the corresponding base zoning, and does not decrease the setbacks agreed to apd approved dUFinn the GE)RditinnoI roznn inn nrnroc by more than 10 percent from what was originally approved; 2. Modifications ingugStr-uetuFe, er�ta—ems figuFa o: the configuration of the building(s), structure(s), or site plan; 3. Increases to building OF StFUGtUre size and hein4t the square footage of a particular use category (e.g. residential, commercial) not to exceed 10 percent from what was originally approved provided all other applicable standards of this Ordinance are met; 4. Increases to building or structure height not to exceed 10 percent or 10 feet from what was originally approved, whichever is less, provided all other applicable standards of this Ordinance are met, 5. Modifications to structure floor plans; 6. Modifications to the driveway locations not exceeding 10 percent of the length of the subject property line, or as required by the North Carolina Department of Transportation; 7. Modifications to the proportion of housing type not to exceed 10 percent from what was originally approved; and 8. Modifications of internal circulation patterns not impacting public safety. Board of Commissioners - October 3, 2022 ITEM: 15- 5 - 7 2022-09 - Unified Development Ordinance (UDO) Maintenance Amendment — Board of Commissioners Public Hearing Draft— Updates 10.3.9. TREE REMOVAL PERMIT A. Purpose The purpose of this section is to provide a uniform mechanism for ensuring all development complies with the standards in Section 5.3.4, Tree Retention Standards. B. Applicability 1. General a. Unless a waiver, exemption, or exception applies in accordance with subsection 2 below, no person, directly or indirectly, shall remove any regulated tree identified in Section 5.3.4, Tree Retention Standards, from public or private property without first obtaining a tree removal permit in accordance with this section. b. Unless a waiver, exemption, or exception applies in accordance with subsection 2 below, tree removal permit authorizing approval is required before any clearing, grading, or other authorizations are issued under this Ordinance, including erosion and sedimentation control permits (see Article 8: Erosion and Sedimentation Control) and building permits. The portion of the tree removal permit approving the required mitigation plan shall not be required until after construction plan approval. c. An approved tree removal permit for new construction shall apply to the entire site. Board of Commissioners - October 3, 2022 ITEM: 15- 5 - 8 Public Comments In Support 1 In Opposition 4 Neutral 2 Mixed 1 Board of Commissioners - October 3, 2022 ITEM: 15- 6 - 1 Roth, Rebekah From: Tyler Newman <tyler@ncbase.org> Sent: Wednesday, August 17, 2022 10:19 AM To: Roth, Rebekah Cc: Cameron Moore Subject: Trees/Industrial corridors Follow Up Flag: Follow up Flag Status: Flagged ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Rebekah, As a follow up to the ongoing conversations about tree standards in industrial districts (especially the highway 421 corridor), I wanted to provide some additional comments/feedback we have received from members of the business community. As always, thank you for your continued efforts to devise a solution to this issue. As we have explained previously, we are working to accommodate continued investment in our industrial corridor, where New Hanover County has already invested significant infrastructure. Potential clients have very specific needs for large, flat parcels that can include a large building (100,000SF), potential expansion area, lay down yard, parking, driveways, stormwater, landscaping and other needs. Often, due to the nature of specific businesses, they arrive in New Hanover County with site design standards and specifics that they use on projects nationwide. Our challenge is that the existing tree ordinance is crafted more to subdivision development or retaining existing trees on infill sites. It is infeasible to have the same standards and it actually makes sites be less creative. Another challenge is spending thousands of dollars individually tagging thousands of small pines, knowing that they will have to be cleared to make the site work. Our preference is for option 3, a straight exemption of tree standards along the 421 corridor. That said, there are elements of the other options that might work. Based on the recent proposal, we believe the County is on track with the proposed mitigation option 2 (no mitigation for significant trees). We have concerns about the specimen tree mitigation provisions, but we can hold that discussion for another time. One additional provision that is proving challenging on the back end are the landscaping requirements (15 trees/acre). The County has significantly enhanced street yard and landscaping standards to mitigate impacts. As we have discussed, with site constraints and essential improvements, incorporating back 15 trees/acre is not feasible in many instances. Perhaps reducing this number and providing transparency for fee -in -lieu would be alternatives. Moving forward, it was suggested that a sample site plan of a 10-acre site on 421 would show some of the practical challenges potential job creators face when trying to invest in New Hanover County. If we can provide assistance in generating that visual, please let me know. Thanks, Tyler 1 Board of Commissioners - October 3, 2022 ITEM: 15- 7 - 1 Tyler Newman President & CEO Business Alliance for a Sound Economy Wilmington, North Carolina 404-484-9045 (c) 2 ' Board of Commissioners - October 3, 2022 ITEM: 15- 7 - 2 Roth, Rebekah From: Bill Jayne <jayne.bill@gmail.com> Sent: Wednesday, August 24, 2022 3:47 PM To: Roth, Rebekah Cc: Alliance Cape Fear Trees; James Gregory; Connie Parker; Singleton, Lloyd Subject: Re: NHC Public Comment Draft Hwy 421 Tree -Related Amendment ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Rebekah, Thanks for the opportunity to consider the proposed amendment to the current Tree Retention standards. In essence, this change amounts to permission to clear cut all the land specified in the proposed amendment text. In my opinion such a blanket permission to destroy all vegetation in such a large area, situated in an environmentally sensitive location between two major water courses, is not justified. It will do tremendous harm to the environment. The fact that large portions of the area are already compromised simply adds to the value of the remaining trees and vegetation. The fact that landscaping requirements would still be retained also fails to justify such a draconian change in the tree retention regime. The effects of future landscaping can't be counted on to ever come to fruition. Even if they did reach healthy maturity, the environmental value of new shrubs and small trees isolated within acres of asphalt and concrete can't be compared to the value of mature trees that now sequester large amounts of carbon, filter great amounts of polluted runoff before they enter the streams and rivers, provide habitat for valuable species, etc. Furthermore, the amendment would constitute a very dangerous precedent. Developers of other sorts of uses such as commercial and housing would, undoubtedly, seek similar treatment that would allow them to lower their mitigation costs and simply eliminate all existing vegetation on their sites in order to maximize the buildout on the site. Development can coexist with responsible environmental protection. A modicum of design creativity can find ways to preserve valuable stands of trees and other vegetation and still produce profitable development. I think this website offers a good starting point for developers and planners who seek to conscientiously protect the environment at the local level. https:/lstormwater.bae.ncsu.edu/team-m_e_mberlbill-hunt/` Thanks again. Bill Jayne Board Member Alliance for Cape Fear Trees 910.386.9203 iavne.bill@Qmail.com On Aug 24, 2022, at 2:01 PM, Roth, Rebekah <rroth nhc ov.com> wrote: All, Connie and I just got off the phone, and based on our discussion, I thought it would be important to see you the current landscaping ordinance for the county so you could see what requirements would still be in play as part of the draft ordinance. I don't know if what is required to be replanted and/or retained balances out any concerns regarding mitigation (streetyard, interior parking lot landscaping, and overall 15 trees/acre—all highlighted), but I wanted to make sure you had the full picture. 1 Board of Commissioners - October 3, 2022 ITEM: 15- 8 - 1 Any comments you're able to provide would be helpful for the Planning Board packet, but I understand there are concerns from your perspective and will move forward with incorporating that information into my staff report. Rebekah Roth (she/her/hers) Planning & Land Use Director New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7465 p 1 (910) 798-7053 f rroth@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com From: Alliance Cape Fear Trees<allianceforcauefeartrees@gmail.com> Sent: Tuesday, August 23, 2022 12:59 PM To:'WilmTreeComm' <wilmtreecomm n)icloud.com> Cc: Roth, Rebekah <rroth@nhcgov.com>; 'Bill Jayne' <jayne.bill@gmail.com>; Singleton, Lloyd <Isin leton nhc ov.com> Subject: RE: NHC Public Comment Draft Hwy 421 Tree -Related Amendment ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Try this — do not know why it did not send. Connie From: WilmTreeComm <wilmtreecomm r; icloud.com> Sent: Tuesday, August 23, 2022 11:47 AM To: Rebekah Roth <rroth@nhcgov.com> Cc: Singleton, Lloyd <Isingleton@nhcgov.com>; Bill Jayne <jayne.bill@gmail.com>; Alliance Cape Fear Trees <allianceforcapefeartrees@p:mail.com> Subject: Re: NHC Public Comment Draft Hwy 421 Tree -Related Amendment Importance: High Rebekah, The attachment did not come through, so will you please send to me. I will be happy to review and provide feedback. Thanks, Jim James D Gregory, Ph.D., CPSS, PWS Chair, Wilmington Tree Commission COL (Ret) US Army Professor Emeritus: Forestry, Forest Soils, Watershed and Wetlands Hydrology Dept. of Forestry and Environmental Resources NC State University, Raleigh, NC 910-550-4811 wilmtreecomm@icloud.com On Aug 23, 2022, at 11:33 AM, Alliance Cape Fear Trees<allianceforcapefeartrees@?gmail.com> wrote: Rebekah, 2 Board of Commissioners - October 3, 2022 ITEM: 15- 8 - 2 I am still on vacation with family this week, but I will try to find time to read over this later today or in the morning and get back to you. Sorry I missed this when it went out originally. But I am copying Jim Gregory, Lloyd Singleton and Bill Jayne, who all had input into the earlier meetings. If they have not already made comments on these proposed changes, I hope they will send feedback to you and copy me, so I will know what the have already offered. We appreciate your including us in these opportunities for input! Thank you, and if you really need me to respond quickly, please use the personal email, as I do not receive the ACFT mail when not in the office, unless Allison forwards it to me. Connie Parker President, Alliance for Cape Fear Trees 1901 S. Live Oak Pkwy. Wilmington, NC 28403 910-343-0724/910-352-2203 cell www.allianceforcapefeartrees.com From: Roth, Rebekah <rroth@nhcgov.com> Sent: Monday, August 22, 2022 1:19 PM To: Alliance Cape Fear Trees<aIlia nceforcariefeartrees@,gmail.com> Subject: NHC Public Comment Draft Hwy 421 Tree -Related Amendment Connie, This is the draft amendment that I referenced in the voice mail I just left for you —it is based on a request we received at the August 4 Planning Board meeting. I'd love to talk with you about it to get your feedback so we can incorporate that in the staff report we'll be publishing later this week. If it's not possible to talk this week, there's still opportunity to shape the Planning Board's discussion —it just may have to be referenced in the staff presentation instead of the staff report. Let me know when might be a good time to talk. Rebekah Rebekah Roth (she/her/hers) Planning & Land Use Director New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7465 p 1 (910) 798-7053 f rroth@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com *i = Virus-free.www.avast.com <NHC Landscaping Ordinance.pdf> 3 Board of Commissioners - October 3, 2022 ITEM: 15- 8 - 3 Board of Commissioners - October 3, 2022 ITEM: 15- 8 - 4 Roth, Rebekah From: Moore, Linda S. <moorels@uncw.edu> Sent: Wednesday, August 31, 2022 11:14 AM To: Roth, Rebekah Subject: 421 Corridor Tree Requirement Change ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Rebecca, I am concerned about the proposed watered down tree regulation change for the 421 Corrridor. #1 WHY? What are the compelling reasons? #2 That highway has a lot of truck traffic and therefore many diesel engines emitting noxious gases and particulate matter. Are you agreeing that there's no reason to retain as much tree canopy as mandated elsewhere in the county? #3 That highway also sees much tourist traffic. To have an entry to our historic city be an industrial corridor with few trees does not need to be. Stop the rampant commercial disregard for trees_ Even a road side tree buffer would help. We need to value our environment. Let's do more to live up to the spirit of the sign boasting Wilmington's designation as a TREE CITY USA. PLEASE --don't give in to pressure to weaken the tree regulations you spent much effort on revising? Thank you, Linda Moore 1 Board of Commissioners - October 3, 2022 ITEM: 15- 9 - 1 Roth, Rebekah From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Linda Moore <mvolkmar@nhcgov.com> Sent: Wednesday, August 31, 2022 11:34 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Meredith, Ron; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on TA22-03: UDO Maintenance Amendment Public Comment Drafts (PB 9-1-2022) Follow Up Flag: Follow up Flag Status: Flagged ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Linda Moore Address 5614 Shell Road Village Drive Wilmington, NC, NC 28403 United States Map It Email moorels[c�uncw.edu Projects available for comment. TA22-03: LIDO Maintenance Amendment Public Comment Drafts (PB 9-1-2022) What is the nature of your comment? Oppose project Public Comment #1 WHY THIS CHANGE? What are the compelling reasons to weaken the tree mitigation requirements? #2 POLLUTION! This highway has a lot of truck traffic and therefore many diesel engines emitting noxious gases and particulate matter. Are you agreeing that there's no reason to retain as much tree canopy as mandated elsewhere in the county? #3 AN ENTRY TO WILMINGTON! To have an entry to our historic city be an industrial corridor is unchangeable. But wouldn't at least a roadside tree buffer be appropriate? Stop the rampant commercial disregard for trees. Let's do more to live up to the spirit of the sign boasting Wilmington's designation as a TREE CITY USA. PLEASE --don't give in to pressure to weaken the tree regulations you spent much effort on revising! Board of Commissioners - October 3, 2022 ITEM: 15- 9 - 2 Roth, Rebekah From: connieparker88@gmail.com Sent: Wednesday, August 31, 2022 6:10 PM To: Roth, Rebekah Cc: 'Bill Jayne'; 'WilmTreeComm'; 'Sherry O'Daniell'; 'Moore, Linda S.; 'Virginia Holman'; 'Margee Herring' Subject: Comments for the Planning Commission Re 421 Corridor Importance: High Follow Up Flag: Follow up Flag Status: Flagged ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Hello Rebekah, Because I am recovering from a granddaughter -gifted, miserable cold with coughing spasms, I am not going to sign up to speak tomorrow night. I may try to attend and hang in the back in case I have to leave for coughing. This meeting is extremely important to me, so I did want to share several points that I hope you will forward to the members of the Planning Commission. Bill Jayne will be speaking from his perspective as a Board Member of the Alliance for Cape Fear Trees. I hope there will be others who will speak to this issue. I know of several from various organizations who are planning to attend. Comments from Connie Parker, President of the Alliance for Cage Fear Tree: I am summarizing comments I would make if healthy enough to address the members of the New Hanover County Planning Commission regarding the Draft 421 Tree -Related Amendment. 1) Protecting as much of what was and should be the natural environment in a very large fragile area between two rivers that already have problems is extremely important. This area is one of only two or three undeveloped forested or re -forested areas in the county; and even though it has been identified as an industrial corridor, it should not be labels as "trash" land where the trees and environment have no value. 2) This corridor is a major entry into Wilmington, and should be regarded as a welcoming roadway with significant 20 — 30 foot street tree buffers separating buildings from it and large swaths of trees left interspersed between building locations. 3) New Hanover County and Wilmington are now sought after as nationally identified places to live, work, play and start a business. We do not need to compromise what we know is the right thing to do to sacrifice our trees and environment for "cookie cutter" corporate designs that require significant damage to our land, while allowing essentially clear -cutting trees and flattening land with no mitigation. Landscape replacement trees, which will likely have many non -canopy, non-native crepe myrtles, will not replace stands of pine trees that others have attempted to acquire for conservation in years past. 1 Board of Commissioners - October 3, 2022 ITEM: 15- 9 - 3 4) We would like to see the Commission demonstrate respect for the value of trees to our community and its environment. I am not against the healthy growth and development of this community where I have lived, raised a family and been heavily involved in efforts to improve this area and state since 1974. 1 am not paid to be an advocate for trees. I am a health care professional who has learned the incalculable value of trees in providing clean air, clean water, heat mitigation, flood abatement, decrease in crime, slower traffic, and a positive affect on physical and mental health — all helping to slow climate change. The fact that trees have been cut and replanted is not a reason to discount the value and label them as not worthy of mitigation when being cut. Nearly all areas in this country have been logged and replanted or allowed to re -grow. 5) Perhaps most frustrating and concerning about this amendment related to trees is the fact that we worked together to revise and approve the Unified Development Ordinance only a year ago. I am hearing from other partnering organizations that they see growing attempts being made to modify the UDO for special interests or needs. We created a system to provide for variances to save trees and to require mitigation payments for loss of certain identified trees. Why would we do away with mitigation except in one instance and essentially be open to clear -cutting all others? The Alliance for Cape Fear Trees sees this as precedent -setting by allowing UDO changes to this dramatic degree on such a massive amount of acreage. The statement this would make related to what we care about and want for the place we live is unimaginable.... and difficult to walk back. I am asking that this draft amendment related to trees in the 421 corridor be denied with the request that the Planning Department re -visit the environmental impact associated with tree loss without mitigation related to the effect on that corridor and on other future requests for UDO exceptions. We feel there is a better way to respect and value the land that has always symbolized the iconic pine forests of southeastern North Carolina and New Hanover County. Most sincerely, Connie Parker President, Alliance for Cape Fear Trees 1901 S. Live Oak Pkwy. Wilmington, NC 28403 910-343-0724/910-352-2203 cell www.allianceforca, efeartrees.com 0 Virus-free.wv✓vd.avast.com 2 Board of Commissioners - October 3, 2022 ITEM: 15- 9 - 4 Roth, Rebekah From: Jeffrey Bourk <jbourk@flyilm.com> Sent: Tuesday, August 30, 2022 3:42 PM To: Huffman, Sharon; Roth, Rebekah; Donna Girardot Cc: Copley, Wanda; Granseur Dick Subject: RE: County Text Amendment ** External Email: Do not click links, open attachments, or reply until you know it is safe ** This will work if you are all ok with it buildings may be taller than 35' in the Airport Commercial district if allowed in the Airport Height Restriction Standards and if a current version of FAA 7460 (aeronautical study) has been filed with the FAA and the FAA has made a determination of "no hazard". Thank you, Jeff From: Huffman, Sharon <SHuffman@nhcgov.com> Sent: Tuesday, August 30, 2022 3:35 PM To: Roth, Rebekah <rroth@nhcgov.com>; Donna Girardot <dlgirardot@gmail.com> Cc: Copley, Wanda <WCopley@nhcgov.com>; Jeffrey Bourk <jbourk@flyilm.com> Subject: RE: County Text Amendment On phone with jeff right now .....he agrees no need to put all the consultant language in UDO....he feels confident what he said in his 2pm email of yesterday is sufficient Sharon Huffman County Attorney, Deputy New Hanover County - County Attorney (910) 798-7154 p 1 (910) 798-7157 f SHuffman@nhcgov.com 230 Government Center Drive, Suite 125 Wilmington, NC 28403 www.NHCciov.com If you have received this message in error, please destroy it without reading, printing, copying, or forwarding. All attorney - client communications must by law be kept confidential. Please let us know of the sending error immediately so we can prevent its re -occurrence. You should send your reply directly to the sender of this message. From: Roth, Rebekah <rroth a nhc ov.com> Sent: Tuesday, August 30, 2022 2:06 PM To: Huffman, Sharon <SHuffmaWF,)nhcgov.com>; Donna Girardot <dlgirardot@pmail.com> Cc: Copley, Wanda <WCoplev@nhcgov.com> Subject: RE: County Text Amendment It may be —I think the consultant has a different understanding of our current regulations, so this may be worked out once I speak with Jeff. Board of Commissioners - October 3, 2022 ITEM: 15- 9 - 5 Rebekah Roth (she/her/hers) Planning & Land Use Director New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7465 p 1 (910) 798-7053 f rroth@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com, From: Huffman, Sharon <SHuffman@nhcgov.com> Sent: Tuesday, August 30, 2022 2:04 PM To: Donna Girardot <dljzirardot@gmail.com>; Roth, Rebekah <rroth@nhcgov.com> Cc: Copley, Wanda <WCopley@nhcgov.com> Subject: Re: County Text Amendment Why isn't what Jeff wrote in his email around 2pm yesterday good enough? Get Outlook for iOS Sharon Huffman County Attorney, Deputy New Hanover County - County Attorney (910) 798-7154 p 1 (910) 798-7157 f SHuffman@nhcgov.com 230 Government Center Drive, Suite 125 Wilmington, NC 28403 www.NHCaov.com If you have received this message in error, please destroy it without reading, printing, copying, or forwarding. All attorney - client communications must by law be kept confidential. Please let us know of the sending error immediately so we can prevent its re -occurrence. You should send your reply directly to the sender of this message. From: Donna Girardot <dlgirardot@gmail.com> Sent: Tuesday, August 30, 2022 1:50:01 PM To: Roth, Rebekah <rroth@nhcg�ov.com> Cc: Copley, Wanda <WCoplev@nhcgov.com>; Huffman, Sharon <SHuffman@nhcpov.com> Subject: Re: County Text Amendment ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Thanks Rebekah. I agree. Perhaps because neither Tim nor Jeff is in the development practitioner business, is this more detailed than what we need in the UDO since final determination ultimately rests with the FAA or not. Please let me know what you, Wanda and Sharon decide. Donna On Tue, Aug 30, 2022 at 1:04 PM Roth, Rebekah <rroth nhc ov.com> wrote: Just so you know, I've discussed this with Tim, and Jeff and I will talk further later today. I'll let you know the outcome of what we discuss —my question at this point is if the amendment is helpful because it provides more clarity than currently exists as to what is possible and required, or if this is a larger conversation that doesn't need to be piecemealed at this point. 2 Board of Commissioners - October 3, 2022 ITEM: 15- 9 - 6 Rebekah Rebekah Roth (she/her/hers) Planning & Land Use Director New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7465 p 1 (910) 798-7053 f rroth@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCciov.com From: Tim Kahmann <tkahmann@coffmanassociates.com> Sent: Tuesday, August 30, 2022 12:27 PM To: Jeffrey Bourk <jbourk@flvilm.com>; Roth, Rebekah <rroth@nhcRov.com>; Donna Girardot <dlgirardot@gmail.com> Cc: Granseur Dick <gdick@flvilm.com>; Dave Fitz <dfitz@coffmanassociates.com>; Kory Lewis <klewis@coffmanassociates.com>; Copley, Wanda <WCoplev@nhcgov.com>; Huffman, Sharon <SHuffman@nhcgov.com> Subject: RE: County Text Amendment ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Rebekah and Jeff, Apologies for the long winded email response. I think the context is appropriate at this juncture to assist Rebekah and her staff in the process. It may spark ideas about how to appropriately craft the language? I do really appreciate the dialog. I might have missed this earlier focusing on the 7460-1 language, but the way the 35ft is written as hard value for not filing a 7460-1 is not quite correct "Any proposed height above 35ft. will require FAA review through the...". don't want to make this overly complicated but a 10ft tall structure in the wrong place either in the operational surfaces , transitional areas, or in an area that could cause EM interference to a NAVAID could be problematic for the airport. FAA, through the OEAAA site, provides a Notice Criteria Tool ( https:Iloeaaa.faa.govloeaaalexterna1/gisTooIs/gisActionOsp?action=showNoNoticeReguiredToolForm ) that is used to determine if a 7460-1 needs to be filed. The tool is an online form and provides output with the disposition that can be printed or saved. I ran a sample at another airport so you can see the result. The form processes instantly. This should be used to determine if a 7460-1 needs to be filed. This is what I recommend to anyone trying to decide how to codify when to file or not. You can always get an answer from the FAA Planner too. Language something more like this would be my recommendation for protecting the safety, airspace and airport operation and capability. Mindful that I am not an attorney and cannot provide that level of support to the ordinance language. 3 Board of Commissioners - October 3, 2022 ITEM: 15- 9 - 7 "Any proposed construction or alteration of structures should have a determination from FAA on the need to file form 7460-1. FAA, through the OEAAA site, provides a Notice Criteria Tool ( https:lloeaaa.faa.goyloeaaaZexternaILgisToolslpisAction.is_p?action=showNoNotice ReguireclToolForm ) that will determine need to file. Alternatively the FAA planner should be able to answer need to file questions. If it is determined there is a need to file, construction or alteration of any height must, through the FAA 7460-1 process, obtain either an NRA Notification letter of finding stating Determination of No Hazard or a Final Determination letter. with FAA stating no objection with the conditions described in the 7460-1 filing. The project applicant must agree to comply with all conditions set in the letter." Where it has been determined by FAA that no notice is required any height above 35 ft. will still require FAA review through the FAA 7460-1 process and an NRA Notification letter finding either a Determination of No Hazard or a Final Determination with FAA stating no objection with the conditions described in the 7460-1 filing. The project applicant must agree to comply with all conditions set in the letter." The second paragraph might be sticky. If FAA says you don't need to file, but you require it and the 7460-1 comes back with an objection maybe the developer has cause? I guess the point is, the 7460-1 is to protect the airspace and safe operations at the airport. Whether the tool says it is required or not, you can file the 7460-1. Some NAVAIDS are located miles away from airports (VOR's) so specifying a distance away is as troublesome as an absolute height. The image I attached, that point is 5miles west from the airport reference point. I know it is a tough balance between not being too restrictive and making sure you are protecting safety and investment at the airport. Dave Fitz and Kory Lewis work on crafting these ordinances. Dave is an national expert in this area where airports are concerned. If felt you wanted to address this through a special study you could follow up with him on that and what that entails. You can always call me if you want to talk through what I know of the process. I wish it was as cut and dry as distance away and height, but it isn't. I would always recommend having your attorney review any language and again appreciate the dialog, I hope this helps! Tim Kahmann Tim Kahmann I Associate Coffman Associates, Inc. i 12920 Metcalf Ave., Suite 200, Overland Park, KS 66213 816-524-3500 1 tOffn- 4 Board of Commissioners - October 3, 2022 ITEM: 15- 9 - 8 Planning for Your Success From: Jeffrey Bourk <jbourk@flvilm.com> Sent: Monday, August 29, 2022 7:24 PM To: Roth, Rebekah <rrothir)nhcFov.com>; Tim Kahmann <tkahmann@coffmanassociates.com>; Donna Girardot <dlgirardot@gmail.com> Cc: Granseur Dick <gdick@flvilm.com>; Dave Fitz <dfitz@coffmanassociates.com>; Kory Lewis <klewis@coffmanassociates.com>; Copley, Wanda <WCoplev@nhcgov.com>; Huffman, Sharon <SHuffman@nhcgov.com> Subject: Re: County Text Amendment I think this is good. I will double check with the team in the AM and get back to you. Jeff Get Outlook for iOS From: Roth, Rebekah <rrothro)nhcLov.com> Sent: Monday, August 29, 2022 5:52 PM To: Jeffrey Bourk <jbourk@flvilm.com>; Tim Kahmann <tkahmann@coffmanassociates.com>; Donna Girardot <dlgirardot@?,mail.com> Cc: Granseur Dick <gdick@flyilm.com>; Dave Fitz <dfitz@coffmanassociates.com>; Kory Lewis <klewis@coffmanassociates.com>; Copley, Wanda <WCoplev@nhcgov.com>; Huffman, Sharon <SHuffman nhcgov.com> Subject: RE: County Text Amendment 5 Board of Commissioners - October 3, 2022 ITEM: 15- 9 - 9 Jeff, What is currently in the amendment submitted to the Planning Board for their consideration on Thursday reads: "Any proposed height above 35 ft. will require FAA approval." (The entire clarification amendment is attached.) I understand that this language may not be sufficient per your email below —please let me know if this alternate suggestion is appropriate or provide another alternative, and I can make sure the updated language is highlighted in the staff presentation: "Any proposed height above 35 ft. will require FAA review through the FAA 7460-1 process and an NRA Notification letter finding either a Determination of No Hazard or a Final Determination with FAA stating no objection with the conditions described in the 7460-1 filing. The project applicant must agree to comply with all conditions set in the Notification Letter." I am just trying to make sure given the broad scope of ordinance users that there is broad understanding of the requirements. If I have misconstrued language that should be more specific, please let me know. Thanks, Rebekah Roth Rebekah Roth (she/her/hers) Planning & Land Use Director New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7465 p 1 (910) 798-7053 f rroth@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com From: Jeffrey Bourk <jbourk@flyilm.com> Sent: Monday, August 29, 2022 5:32 PM To: Tim Kahmann<tkahmann@coffmanassociates.com>; Donna Girardot <dlgirardot@pmail.com> Cc: Granseur Dick <gdick@flvilm.com>; Dave Fitz <dfitz2coffmanassociates.com>; Kory Lewis <klewis coffmanassociates.com>; Copley, Wanda <WCoplev@nhcgov.com>; Huffman, Sharon <SHuffman2nhcgov.com>; Roth, Rebekah <rroth nhc ov.com> Subject: RE: County Text Amendment Importance: High ** External Email: Do not click links, open attachments, or reply until you know it is safe ** 6 Board of Commissioners - October 3, 2022 ITEM: 15- 9 - 10 We agree with this language from Coffman Associates. If the proposed language is going to be any different at planning board please let me know. See email chain below for details. Jeffrey P. Bourk, A.A.E. Airport Director Wilmington International Airport 207-281-2684 cell jbourk@flyilm.com From: Tim Kahmann <tkahmann coffmanassociates.com> Sent: Monday, August 29, 2022 3:01 PM To: Donna Girardot <dl irardot mail.com>; Jeffrey Bourk <jbourk@flyilm.com> Cc: Granseur Dick <Bdick@flvilm.com>; Dave Fitz <dfitz@coffmanassociates.com>; Kory Lewis <klewis@coffmanassociates.com> Subject: RE: County Text Amendment Donna and Jeff, My suggestion would be, "... And the FAA 7460-1 process is complete with the referenced cases in the 7460-1 being the project and the NRA Notification letter being either a Determination of No Hazard or a Final Determination with FAA stating no objection with the conditions described in the 7460-1 filing. Project proponent must agree to comply with all conditions set in the Notification Letter." I am attaching the ILM cold storage "Determination" for reference. ON airport property cases get a Final Determination with no objection, OFF airport cases get the Determination of No Hazard to Navigable Airspace. Board of Commissioners - October 3, 2022 ITEM: 15- 9 - 11 Tim c Tim Kahmann Associate ff 12920 Metcalf Avenue, Suite 200 Overland Park, KS 66213 Airport Consultants 816-524-3500.816-524-2575 (FAX) Airport Planning www.coffmanassociates.com is Our Only Business! From: Donna Girardot <dlgirardot@gmail.com> Sent: Monday, August 29, 2022 1:16 PM To: Jeffrey Bourk <jbourk@flvilm.com> Cc: Granseur Dick <gdick@flyilm.com>; Tim Kahmann <tkahmann@coffmanassociates.com> Subject: Re: County Text Amendment Thanks Jeff. If tim can get that to me, I'll make that change. Donna On Mon, Aug 29, 2022, 2:08 PM Jeffrey Bourk <jbourk@flvilm.com> wrote: Donna, Approved by FAA is probably not the correct language. It should say as long as a 7460 has been filed with the FAA and the FAA has made a determination of "no hazard". Tim can you please provide us the language/verify the language you gave us once before. Jeff Board of Commissioners - October 3, 2022 ITEM: 15- 9 - 12 From: Donna Girardot <dlgirardot(!Cmail.com> Sent: Monday, August 29, 2022 10:27 AM To: Granseur Dick <gdick@flvilm.com>; Jeffrey Bourk <ibourk@flvilm.com> Subject: Re: County Text Amendment Let me know if you have any concerns with this ordinance change ASAP Thanks, Donna On Sat, Aug 27, 2022, 1:27 PM Donna Girardot <dl irardot��� mail.com> wrote: Granseur, Doing my "homework" for Thursday's Planning Board meeting and I just want to be sure you are aware that staff is bringing a text amendment forward clarifying that buildings may be taller than 35' in the Airport Commercial district if allowed in the Airport Height Restriction Standards and approved by the FAA. Planning Board Agenda package Item 3, and Item 3-4-1. Obviously this just makes sense and to me serves to further "clean up" the disparities between the county's ordinances and the Airport's Architectural Guidelines but just wanted you to be aware that this is moving forward. Donna Board of Commissioners - October 3, 2022 ITEM: 15- 9 - 13 Roth, Rebekah From: Clark Hipp <jclarkhipp@gmail.com> Sent: Wednesday, August 31, 2022 12:25 PM To: Roth, Rebekah Subject: Comments Attachments: Post Decision Limitations.pdf Follow Up Flag: Follow up Flag Status: Flagged ** External Email: Do not click links, open attachments, or reply until you know it is safe ** R, I have re -read the Post Decision section several times and am now understanding the intent a little better. I would suggest a minor change in wording to section 7.b.c . I also have a concern (which may not be reasonable) that there could be multiple requests for changes to the original conditional zoning. Just a thought. See attached for comments. See you tomorrow. JCH L] J. Clark Hipp Hipp Architecture & Development, PC 228 N Front St, Suite 301 Wilmington, NC 28401 910 763 8968 office 910 777 5450 fax Board of Commissioners - October 3, 2022 ITEM: 15- 9 - 14 2022-09 - Unified Development Ordinance (UDO) Maintenance Amendment — Planning Board Public Hearing Draft— Updates Article 10. Administrative Procedures Section 10.3. Application -Specific Procedures 10.3.3. CONDITIONAL ZONING C. Conditional Zoning Procedure 7. Post -Decision Limitations and Actions The post -decision limitations and actions in Section 10.2.10, Post -decision Limitations and Actions, apply, in addition to subsections a through c below. b. Minor Deviations [05-03-2021] Subsequent applications for development within a conditional zoning district may include minor modifications from the approved conceptual site plan, provided such modifications do not result in a change in the permitted uses or density, specified conditions of approval, or and otherwise have no material effect on the character of the approved development. Changes in the following constitute minor modifications that may be approved by the Planning Director: 1. Modifications in building or structure placement, provided the placement complies with the setbacks of the corresponding base zoning, and does not decrease the setbacks a reed to aad ennroyed d Fing the nenditional rezeninn pFenenn a than 10 percent; Modifications in the 2. Modifications in building, stru or site configuration; configuration of the . configuration structure(s) or 3. Increases to the square footage buildsite plan of a pat ' r se category (e.g. residential, commercial) not to i..' 0 percent provided all other applicable standards of this e are met; from original CD 4. Increases to building or structure height not to exceed 10 percent zone approval or 10 feet, whichever is less, provided all other applicable standards (concern here is of this Ordinance are met, for potential for 6. Modifications to structure floor plans; multiple requests for modification) 6. Modifications to the driveway locations not exceeding 10 percent of the length of the subject property line, or as required by the North Carolina Department of Transportation; 7. Modifications to the proportion of housing type not to exceed 10 percent; and 8. Modifications of internal circulation pattems not impacting public safety. Planning Board - September 1, 2022 ITEM: 3 - 5 - 5 Board of Commissioners - October 3, 2022 ITEM: 15- 9 - 15 BUSINESS ALLIAM@E FOR A SOUND ECONOMY August 29, 2022 RE: COMMENTS ON PROPOSED NEW HANOVER UDO MAINTENANCE AMENDMENTS As always, thank you for the opportunity to provide comments and feedback from the business and development community regarding the proposed UDO Maintenance Amendments. The following comments were compiled from submissions from BASE members with decades of business and development experience in southeastern North Carolina and beyond. We rely on their professional expertise and experience to guide public policy that enables the region to continue to grow and prosper. We would like to express our FULL support of the prosed tree mitigation changes for the 421 corridor. With the significant infrastructure investments that have been made along 421, this corridor is critical to our region's economic growth. One section which we have not provided comments is the stormwater ordinance, as this is a copy and paste of the existing ordinance. Additions: Section 5.1 — requiring EV parking spaces o Is there a current issue with EV parking spaces in the County? If not, then it appears that the market is already providing adequate EV parking spaces and this would be adding regulations to fix a non-existent problem. Why burden property owners with more cost and headache for something that is not currently an issue? o It appears this regulation is forcing businesses to also be in the electric sales business (assuming they do not want to give their electricity away for free, especially after they were required to install the infrastructure and equipment)? o It may also allow for non -customers of that business that take up needed parking for the business for long periods of time. o What does "with necessary infrastructure to permit conversion to full vehicle charging stations" mean? Install the underground utilities without the charging station? o Why is the County pursuing zoning regulations that specifically regulate the design of charging stations (outlets being 36" to 48" from the ground, etc.)? These stations appear to be ever changing in design as technology rapidly changes. The County doesn't regulate how fuel pumps are designed, why EV charging stations? o Are accessible charging stations covered by the ADA? Again, does not seem needed in a zoning regulation. The UDO does not require ADA spaces for parking lots, why then have regulations for charging stations? Board of Commissioners - October 3, 2022 ITEM: 15- 9 - 16 o Overall, these regulations appear to be too much for a zoning ordinance. It would make more sense if the regulations were more incentive based (ex: provide x number of EV parking, reduce x, y, and z) or provide for more allowance that make it easier to install EV parking (ex: charging stations can be located in bufferyards/streetyards) Section 5.3.7 — Mitigation o We strongly support the request by the Planning Board at the August meeting to bring forward a text amendment that would alleviate development challenges in the 421 industrial corridor related to existing tree retention standards. o As we have explained previously, our region is working to accommodate continued investment in our major industrial corridor (Highway 421), where New Hanover County has already invested significant infrastructure. Potential clients have very specific needs for large, flat parcels that can include a large building (100,000SF), potential expansion area, lay down yard, parking, driveways, stormwater, landscaping and other needs. Often, due to the nature of specific businesses, they arrive in New Hanover County with site design standards and specifics that they use on projects nationwide. o Our challenge is that the existing tree ordinance is crafted more to subdivision development or retaining existing trees on infill sites. It is infeasible to have the same standards and it actually makes sites be less creative. Another challenge is spending thousands of dollars individually tagging thousands of small pines, knowing that they will have to be cleared to make the site improvements necessary to build. o One additional provision that is proving challenging on the back end are the landscaping requirements (15 trees/acre). The County has significantly enhanced street yard and landscaping standards to mitigate impacts. As we have discussed, with site constraints and essential improvements, incorporating back 15 trees/acre is not feasible in many instances. Perhaps reducing this number and providing transparency for fee -in -lieu would be alternatives. Clarifications: • Section 3.4.9 Airport Commerce (AC) District — added "Any proposed height above 35ft will require FAA approval." o Are there specific areas where this is concerning to the FAA? Are there not existing height restrictions (under 50') for areas close to the runways? This may produce an unnecessary step for private property owners along Blue Clay/N. Kerr with AC zoning. Maybe it should reference the airport height restriction map instead? Updates: • Section 5.5 Exterior Lighting — requiring an exterior lighting plan or letter from utility company at site plan application. o It makes more sense to require the lighting plan with the building permit application. Lighting is typically one of the last features designed for a project and Board of Commissioners - October 3, 2022 ITEM: 15- 9 - 17 is most impacted by the layout of the project. Obtaining a letter from Duke at the initial site plan application seems like an unnecessary burdensome step for the property owner. Section 10.3.9 Tree Removal Permit — requiring a mitigation plan at construction drawing approval o Our members preferred the timing of mitigation plans be made more flexible. The County has historically received mitigation plans after construction (requiring them to be provided at final plat for subdivisions) and often allowed for the mitigation trees to be bonded with the bond amount equaling the fee -in -lieu amount. This would affect more larger subdivisions that take many months/years to complete over several phases as the final landscaping and amenity design takes place later in the development process. It is more important to verify the existing trees on the property and which are expected to be removed prior to construction. Board of Commissioners - October 3, 2022 ITEM: 15- 9 - 18