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Agenda 2022 12-05NEW 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 DECEMBER 5, 2022 4:00 PM MEETING CALLED TO ORDER (Chair Julia Olson-Boseman) INVOCATION (Reverend Shawn Blackwelder, St. Paul's United Methodist Church) PLEDGE OF ALLEGIANCE (Commissioner Jonathan Barfield, Jr.) APPROVAL OF MI NUTES (Agenda Review held on November 10, 2022 and Regular Meeting held on November 14, 2022) PRESENTATION OF APPRECIATION GI FT: Chair Julia Olson-Boseman ADMINISTRATION OF OATHS OF OFFICE: LeAnn Pierce by The Honorable James H. Faison, I 11, District Court Judge, Fifth Judicial District Rob Zapple by The Honorable James H. Faison, I 11, District Court Judge, Fifth Judicial District ELECTION OF CHAI R AND VICE -CHAT R (Wanda M. Copley, County Attorney, Presiding) APPROVAL OF CONSENT AGENDA ESTI MATED CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Sale of Two County -Owned Properties Located in the Area of Northchase Parkway West (PI N: R02619-008-056-000 (Well Site #1) and PI N: R02615-003-008-000 (Well Site #2)) Consistent With the Upset Bid Process 2. Adoption of Public Officials Bond Resolution 3. Second Reading: Approval of Solid Waste Franchise for Carolina Waste & Recycling LLC 4. Adoption of a Resolution for Award of Bid for the Purchase of Six (6) Mobile Event Response Trailers (M ERT) to Powell Safety Solutions in the Amount of $113,040 S. Adoption of Budget Amendments Board of Commissioners - December 5. 2022 MINUTES REGULAR AGENDA ITEMS OF BUSINESS 40 6. Public Hearing Rezoning Request (Z22-20) — Request by Cindee Wolf with Design Solutions, applicant, on behalf of Lora Gabrio, property owner, to rezone approximately 0.36 acres of land located at 7100 Carolina Beach Road from R-10, Residential to (CZD) 0&I, Office and Institutional. S 7. Committee Appointments PUBLIC COMMENTS ON NON -AGENDA ITEMS (limit three minutes) ESTIMATED MINUTES ADDITIONAL AGENDA ITEMS OF BUSINESS 8. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 9. 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 - December 5. 2022 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 12/5/2022 Consent DEPARTMENT: County Manager PRESENTER(S): Tim Burgess, Deputy County Manager CONTACT(S): Tim Burgess and Kemp Burpeau, Deputy County Attorney SU BJ ECT: Approval of Sale of Two County -Owned Properties Located in the Area of Northchase Parkway West (PIN: R02619-008-056-000 (Well Site #1) and PIN: R02615-003-008-000 (Well Site #2)) Consistent With the Upset Bid Process BRIEF SUMMARY: The two properties which are being requested to be sold were previously well sites for either the Cape Fear Public Utility Authority (CFPUA) or the former New Hanover County Water and Sewer District. The first property, known as Well Site #1, is located at 2832 Northchase Parkway West. The second property, known as Well Site #2, does not have a street address, but is located near Northchase Parkway West. Well Site #1 contains a lot of approximately 871 square feet with a building of approximately 724 square feet. Well Site #2, is a vacant lot, with the exception of a pump station meter box, with the lot being approximately 542 square feet. Well Site #1 was originally transferred by New Hanover County (N HC) to CFPUA for use as part of their water utility system. Once CFPUA no longer had a use for this property, it was transferred back to N HC, which took place on July 12, 2021. Well Site #2 was retained by N HC and was never transferred to the CFPUA. For Well Site #1, it has been estimated that it will cost a minimum of $10,000 to remove the building, approximately $2,500 to secure the building to make it safe, and a minimum of $35,000 to refurbish the building. For Well Site #2, there will be an undetermined cost to remove the pump station meter box. Both of these properties, which are surrounded by property owned by the Northchase Homeowners Association, Inc. (N HAI), have no dedicated ingress/egress, are landlocked, and are not buildable lots. The county has no current or expected use for either of these properties. The N HAI, a not -for -profit entity, has offered to purchase Well Site #1 for $700 and Well Site #2 for $100. In order to eliminate the county's liability and/or avoid the costs of making these properties safe, staff is recommending that the properties be sold together to N HAI for a total of $800. N HAI has provided the required 5% deposit in the amount of $40. In orderto sell the properties, NHC will need to initiate and complete the upset bid process. The tax administrator is of the opinion that the amounts offered for the two properties are reasonable and fair. STRATEGIC PLAN ALIGNMENT: • Good Governance o Effective County Management ■ Increase transparency and awareness about county actions RECOMMENDED MOTION AND REQUESTED ACTIONS: Accept Northchase Homeowners Association, Inc. offer in the amount of $700 for Well Site #1 and $100 for Well Site #2 for a combined amount of $800, subject to the upset bid process. Authorize staff to initiate and complete the upset bid process, with the properties being sold together, in accordance with NC General Statutes. Board of Commissioners - December 5, 2022 ITEM: 1 3. Authorize the county manager and the county attorney to prepare and execute all necessary paperwork to transfer ownership to the highest bidder, at a minimum amount of $800 for both properties. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - December 5, 2022 ITEM: 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 12/5/2022 Consent DEPARTMENT: County Attorney PRESENTER(S): Kemp Burpeau, Deputy County Attorney CONTACT(S): Kemp Burpeau SU BJ ECT: Adoption of Public Officials Bond Resolution BRIEF SUMMARY: Pursuant to North Carolina General Statute 58-72-20, the board is to annually review the Surety Bond coverage for the following: • Finance Officer $1,000,000 • Sheriff $25,000 • Register of Deeds $50,000 • Tax Collector $100,000 Staff has verified that adequate coverage is in full force and effect. STRATEGIC PLAN ALIGNMENT: • Good Governance o Effective County Management ■ Increase transparency and awareness about county actions RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt resolution. ATTACHMENTS: Public Officials Bond Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - December 5, 2022 ITEM: 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS APPROVAL OF PUBLIC OFFICIALS BOND RESOLUTION WHEREAS, pursuant to Chapter 58-72-20 of the North Carolina General Statutes, the Board of County Commissioners conducts an annual review of public official bonds; and WHEREAS, said bonds have been reviewed by the County Attorney and found to be in full force and to be in proper format. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners does hereby approve the Surety Bond for the Finance Officer, Sheriff, Register of Deeds, and Tax Collector. This designation of approval is hereby incorporated within the respective bond as if set out in its entirety on the face thereof. ADOPTED, this the 51" day of December, 2022. NEW HANOVER COUNTY Chair Board of County Commissioners ATTEST: Kymberleigh G. Crowell Clerk to the Board Board of Commissioners - December 5, 2022 ITEM: 2 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 12/5/2022 Consent DEPARTMENT: County PRESENTER(S): Kemp Burpeau, Deputy County Attorney and Joe Suleyman, Attorney Environmental Management Director CONTACT(S): Kemp Burpeau and Joe Suleyman SU BJ ECT: Second Reading: Approval of Solid Waste Franchise for Carolina Waste & Recycling LLC BRIEF SUMMARY: New Hanover County requires a county issued franchise to collect solid waste. Pursuant to County Ordinance 44.55, the applicant has provided information about business organization, equipment, personnel, and fiscal responsibility. The Environmental Management Director has no objections to the franchise request. The franchise period would run for seven years. All franchise agreements shall now include the following requirements: Should franchisee provide curbside collection for services; franchisee must also offer customers a curbside recycling option. Staff has reviewed only for compliance with the County Code. Prospective customers of any hauler must make their own determination as to suitability of provider and services. The first reading was unanimously approved November 14, 2022. STRATEGIC PLAN ALIGNMENT: • Good Governance o Effective County Management ■ Increase transparency and awareness about county actions RECOMMENDED MOTION AND REQUESTED ACTIONS: Authorize franchise award. Upon award, the company will provide Certificates of Insurance, agree not to bring outside waste into county and to haul all waste to a county designated facility, if required by law. ATTACHMENTS: Franchise Agreement Franchise Agreement Supporting Document COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Board of Commissioners - December 5, 2022 ITEM: 3 Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - December 5, 2022 ITEM: 3 New Hanover County Contract # 23-0281 STATE OF NORTH CAROLINA AWARD OF FRANCHISE AGREEMENT FOR COUNTY OF NEW HANOVER SOLID WASTE SERVICES THIS FRANCHISE AGREEMENT made and entered into this the day of 2022, by and between NEW HANOVER COUNTY, North Carolina, a political subdivision of the State of North Carolina, hereinafter called "County" CAROLINA WASTE & RECYCLING LLC a North Carolina limited liability company, with its principal mailing address 103 Marshfield Drive, Wilmington, North Carolina, 28411, hereinafter called "Operator." WITNESSETH WHEREAS, the County has, through the power granted to it under G.S. 153A-136, adopted an ordinance regulating the collection and disposal of solid wastes and requiring that all waste haulers have a license and a franchise in order to operate in the County, in order to provide the residents and commercial customer of the County with reliable, environmentally sound waste disposal now and in the future; and WHEREAS, Operator has contracted with commercial and/or residential customers located in New Hanover County in order to provide solid waste collection and disposal; and NOW THEREFORE, in consideration of the mutual benefits inuring to the parties hereto and based upon the mutual covenants contained herein and the considerations stated herein, the parties do hereby covenant and agree, and County hereby conveys a non- exclusive franchise to Operator, to collect and dispose of solid wastes to commercial and/or residential customers in the County. The parties therefore agree to the following terms and conditions: 1. Terms of Agreement. The initial term of this Franchise Agreement shall be seven (7) years from the date of signing. The Franchise may automatically renew and extend for a subsequent seven (7) year term, contingent upon County Commissioners approval pursuant to G.S. 153A-46. 2. Scope of Services. For the term of this Franchise Agreement, Operator agrees to provide commercial and/or residential customers with solid waste collection and transportation to County -approved disposal sites. 3. Disposal at County -Approved Facilities. Operator agrees to dispose of all waste collected in the County, as part of this franchise agreement, at County -approved facilities consistent with State law. With regard to County -approved facilities, said approval must be obtained by Operator prior to the disposal at said facilities, and said approval shall be granted or denied entirely at the discretion of the County. The County also has the authority to designate which facilities shall be used. 4. Curbside Recycling. Should Operator provide curbside trash collection services, Operator must also offer customer a curbside recycling option. 5. Administration/Billing. All billing of customers shall remain the responsibility of the franchisee. 6. Franchise. It is understood and agreed that all of the terms and conditions of New Hanover County Code Chapter 44, entitled "Solid Waste," pertaining to a franchise Board of Commissioners - December 5, 2022 ITEM: 3 - 1 - 1 New Hanover County Contract # 23-0281 for solid waste collections are incorporated herein by reference and made a part hereof as if fully set forth, including but not limited to insurance requirements. 7. Personnel and Equipment. Operator shall equip and maintain all vehicles with staff and equipment to comply with any applicable regulations and laws. 8. Independent Contractor. It is mutually understood and agreed that Operator is an independent contractor and not an agent of the county, and as such, Operator, its agents and employees shall not be entitled to any County employee benefits, and as such, Operator, its agents and employees shall not be entitled to any County employment benefits, such as, but not limited to, vacation, sick leave, insurance, workers' compensation, or pension or retirement benefits. 9. Indemnity. To the extent permitted by law, Operator shall indemnify and hold the County, its agents and employees, harmless against any and all claims, demands, causes of action, or other liability, including attorneys' fees, on account of personal injuries or death or on account of property damages arising out of or relating to the work to be performed by Operator hereunder, resulting from the negligence of or willful act or omission of Operator, its agents, employees and subcontractors. To the extent permitted by law, the County shall indemnify and hold the Operator, its agents and employees, harmless against any and all claims, demands causes of action, or other liability, including attorneys' fees, on account of personal injuries or death or on account of property damages arising out of or related to the solid waste services operated and administered by the County, and resulting from the negligence of or willful act or omission of the County, its agents, employees, and subcontractors. 10. Commercial General Liability. Franchise shall maintain Commercial General Liability (CGL) and if necessary, Commercial Umbrella Liability (CUL) insurance with a total limit of not less than $1,000,000 for each occurrence for bodily injury and property damage. If such CGL insurance contains a general aggregate limit, it shall apply separately to this work or services, or the general aggregate shall be twice the required limit. 11. Business Auto Liability. Operator shall maintain applicable Business Liability and, if necessary, Commercial Umbrella Liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of any auto, including owned, hired, and non -owned autos used in the performance of work or services. 12. Assignment, Contracting1 The parties agree that this agreement is not transferable or assignable by either party without the written consent of the other party to this agreement. Operator shall not subcontract with another entity to perform the services described herein without the approval of the County Manager or his designee. 13. Termination. The franchisee may terminate this franchise upon three hundred sixty-five (365) days written notice, or less notice with the consent of the County. The County may only revoke the franchise for cause as set out in Chapter 44, "Solid Waste," of the New Hanover County Code. This franchise may be modified or revoked by the County in the event that an ordinance is passed by the Board of Board of Commissioners - December 5, 2022 ITEM: 3 - 1 - 2 New Hanover County Contract # 23-0281 Commissioners creating an exclusive franchise system for residential solid waste collection in the unincorporated County. 14. Non -Waiver of Rights. It is agreed that County's failure to insist upon the strict performance of any provision of this agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any rights under this agreement. 15. Equal Opportunity. In connection with the performance of this agreement, Operator agrees not to discriminate against any employee or applicant for employment because of race, religion, color, sex, age, disability, or national origin. 16. Entire Agreement. This agreement constitutes the entire understanding of the parties with regard to the provision of solid waste collection and disposal. No modification of rescission of this agreement shall be effective unless evidenced by a writing signed by both parties to this agreement. 17. E-Verify Compliance. Operator shall fully comply with the U.S. Department of Homeland Security employee legal status E-Verify requirements for itself and all its subcontractors. Violation of the provision, unless timely cured, shall constitute a breach of contract. IN WITNESS THEREOF, the parties have hereunto set their hands and seals by authority duly given on the day and year first above written. [SEAL] STATE OF COUNTY CAROLINA WASTE & RECYCLING LLC Member/Manager (SEAL) I, , a Notary Public of the State and County aforesaid, certify that came before me this day and acknowledged that (s)he is Member/Manager of CAROLINA WASTE & RECYCLING LLC a North Carolina limited liability company, and that by County duly given and as the act of the corporation, the foregoing instrument was signed and sealed in its name by its Member/Manager. WITNESS my hand and official seal, this day of 12022. Notary Public My Commission Expires [SEAL] New Hanover County digital signature page attached hereto and incorporated herein by reference. Board of Commissioners - December 5, 2022 ITEM: 3 - 1 - 3 Carolina Waste & Recycling LLC Ramon J. Morales 51 % Ownership Ron McManus 49% Ownership Equipment: - Ford F550 Hook lift - Chevy 6500 Hook lift - 15, 15 Yard Roll -off dumpsters - 6 Yard Packer Body available for hook lift trucks - 2001 Sterling 20 Yard Newway - 2022 Autocar Side Loader 31 yard Labrie Body Experience - Ramon J. Morales, 3 years - Ron McManus, 25 years Employees: - Currently only owner/operator - Expect to employee 5-10 drivers/helpers Financial Statement: New business as of 08/01 /2022 Attached are personal bank statements, to prove financial security. Board of Commissioners - December 5, 2022 ITEM: 3 - 2 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 12/5/2022 Consent DEPARTMENT: Emergency Management PRESENTER(S): Zak Whicker, Emergency Management Manager CONTACT(S): Steven Still, Emergency Management Director SU BJ ECT: Adoption of a Resolution for Award of Bid for the Purchase of Six (6) Mobile Event Response Trailers (MERT) to Powell Safety Solutions in the Amount of $113,040 BRIEF SUMMARY: Pursuant to NCGS 143-129, sealed bids were received on Thursday, October 6, 2022, and publicly opened at 3:00 PM for the purchase of six (6) Mobile Event Response Trailers (MERT). The following bids were received in response to the solicitation: Powell Safety Solutions $113,040 Technology International $140,700 Xtreme Marketing $195,000 The department recommends the bid award to Powell Safety Solutions, the lowest responsive, responsible bidder. The department was awarded a grant in the amount of $114,672 for the purchase of these trailers from North Carolina Division of Emergency Management. 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: Recommend adoption of the resolution to award the bid to Powell Safety Solutions, in the amount of $113,040 for the purchase six (6) Mobile Event Response Trailers (MERT). ATTACHMENTS: Resolution BID SUMMARY COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Board of Commissioners - December 5, 2022 ITEM: 4 Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - December 5, 2022 ITEM: 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION AWARD BID TO POWELL SAFETY SOLUTIONS FOR THE PURCHASE OF SIX (6) MOBILE EVENT TRAILERS (MERT) WHEREAS, New Hanover County Emergency Management issued a solicitation to purchase six (6) Mobile Event Response Trailers (MERT); and WHEREAS, bids were received from the following three (3) companies; and • Powell Safety Solutions $113,040 • Technology International $140,700 • Xtreme Marketing $195,000 WHEREAS, Powell Safety Solutions, the lowest responsive, responsible bidder is being recommended for award of bid; and WHEREAS, the department has received a grant from NC Division of Emergency Management to fund the purchase of these six (6) trailers. NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that the award of bid to Powell Safety Solutions for the purchase six (6) Mobile Event Response Trailers in the amount of $113,040 is approved. ADOPTED this the 51h day of December, 2022. NEW HANOVER COUNTY Chair /e1ar*II Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - December 5, 2022 ITEM: 4 - 1 - 1 PURCHASE OF SIX (6) MOBILE EVENT TRAILERS BID SUMMARY BID OPENING DATE: THURSDAY, OCTOBER 6, 2022 3:00 PM EST. POWELL SAFETY SOLUTIONS TECHNOLOGY INTERNATIONAL XTREME MARKETING ITEM QUANITY DESCRIPTION UNITCOST EXTENDEDCOST UNITCOST EXTENDEDCOST UNITCOST EXTENDED COST 1 6 16' long open trailer. Approximately 6.5 to 7' wide. 6 to 7' tall at highest item height. 2" ball hitch with safety chains and trailer jack with flatfoot plate. 4- pin trailer lighting blade connector. Twelve (12) quantity Wig/Wag LED flashers affixed and wired throughout trailer corners and front/back. Axle spec to support weight of trailer plus items listed out in this spec. $17,490.00 $104,940.00 $23,450.00 $140,700.00 $29,450.00 $176,700.00 2 6 Freight Charges $1,350.00 $8,100.00 INCLUDED $0.00 $17,500.00 3 Any additional Cost NONE $0.00 NONE $0.00 GRAPHICS, SCHEMATICS $800.00 Total Cost $113,040.00 $140,700.00 $195,000.00 Board of Commissioners - December 5, 2022 ITEM: 4 - 2 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 12/5/2022 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. 23-035 Emergency Management 23-037 Health and Human Services 23-038 Senior Resource Center 23-039 Sheriff's Office 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: BA 23-035 BA 23-037 BA 23-038 BA 23-039 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - December 5, 2022 ITEM: 5 AGENDA: December 5, 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: Emergency Management Expenditure., Decrease Increase Total BA 23-035 Emergency Management $ 11,775 $ 11,775 Total $ - $ 11,775 1 $ 11,775 Revenue: Decrease Increase Total BA 23-035 Homeland Security Grant Program $ 11,775 $ 11,775 Total $ - $ 11,775 $ 11,775 Prior to Total if Actions Actions Tod a Taken Departmental Budget $ 3,487,827 $ 3,499,602 Section 2: Explanation BA 23-035 accepts a Homeland Security Grant Program (HSGP) grant through the NC Department of Public Safety in the amount of $11,775. The grant will be used to purchase three transportable radio battery charging stations that enhance the ability to keep interoperable communications up and running during an emergency event. These grant funds cannot be used to supplant or replace local or state funds that would otherwise have been available for homeland security activities. There is no match requirement for this grant. 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) 23-035 amending the annual budget ordinance for the fiscal year ending June 30, 2023, is adopted. Adopted, this 5th day of December, 2022 (SEAL) ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - December 5, 2022 ITEM: 5 - 1 - 1 AGENDA: December 5, 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: Effective County Management Strategic Objective(s): Deliver quality service at the right time Fund: General Department: Health and Human Services Expenditure., Decrease Increase Total BA 23-037 Health Department $ 17,019 $ 17,019 Total I $ 17,019 is 17,019 Revenue: Decrease Increase Total BA 23-037 Public Health Foundation Grant $ 17,019 $ 17,019 Total $ - $ 17,019 $ 17,019 Prior to Total if Actions Actions To av Taken Departmental Budget 21,084,493 $ 21,101,512 Section 2: Explanation BA 23-037 The Public Health Foundation of New Hanover County is dissolving and is granting its remaining $17,019 to the Health Department. This budget amendment will allocate $15,000 for the completion of the 2022 Community Health Assessment and $2,019 for the provision of men's STD urine -based testing. Acceptance of the funds does not require any new positions to be created or matching funds from the county. 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) 23-037 amending the annual budget ordinance for the fiscal year ending June 30, 2022, is adopted. Adopted, this 5th day of December, 2022. (SEAL) ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - December 5, 2022 ITEM: 5 - 2 - 1 AGENDA: December 5, 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: Effective County Management Strategic Objective(s): Continuous focus on the customer experience Fund: General Department: Senior Resource Center Expenditure: Decrease Increase Total BA 23-038 Senior Resource Center $ 20,000 $ 20,000 Total $ - $ 20,000 $ 20,000 Revenue: Decrease Increase Total BA 23-038 AARP Foundation/OATS Grant $ 20,000 $ 20,000 Total $ - $ 20,000 $ 20,000 Prior to Total if Actions Actions Tod a Taken Departmental Budget $ 4,965,719 $ 4,985,719 Section 2: Explanation BA 23-038 accepts a grant award provided by the AARP Foundation, passed through Older Adults Technology Services, Inc. (OATS) in the amount of $20,000. The purpose of the grant is to provide digital skills training to older adults with a focus on women and people of color from low income communities to help them achieve economic security. The Senior Resource Center will buy equipment, supplies and materials to facilitate the training. There is no county match required. 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) 23-038 amending the annual budget ordinance for the fiscal year ending June 30, 2023, is adopted. Adopted, this 5th day of December, 2022 (SEAL) ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - December 5, 2022 ITEM: 5 - 3 - 1 AGENDA: December 5, 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: Controlled Substance Tax (CSTAX) Department: Sheriffs Office Expenditure: Decrease Increase Total BA 23-039 Supplies $ 5,000 $ 5,000 BA 23-039 Training & Travel $ 2,648 $ 2,648 BA 23-039 Capital -Other Improvements $ 12,000 $ 12,000 Total $ - I $ 19,648 $ 19,648 Revenue: Decrease Increase Total BA 23-039 Controlled Substance Tax $ 19,172 $ 19,172 BA 23-039 Interest Earnings $ 476 $ 476 Total $ - $ 19,648 $ 19,648 Prior to Total if Actions Actions Toda Taken Departmental Budget (CSTAX) $ 117,5 $ 137,176 Section 2: Explanation BA 23-039 budgets Controlled Substance Tax receipts dated 9/21/22, 10/21/22, and 11/17/22, and interest income from August through October, 2022. Funds will be used for supplies and training/travel 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) 23-039 amending the annual budget ordinance for the fiscal year ending June 30, 2023, is adopted. Adopted, this 5th day of December, 2022. (SEAL) ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - December 5, 2022 ITEM: 5 - 4 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 12/5/2022 Regular DEPARTMENT: Planning PRESENTER(S): Julian Griffee, Current Planner CONTACT(S): Julian Griffee; Rebekah Roth, Planning & Land Use Director SU BJ ECT: Public Hearing Rezoning Request (Z22-20) — Request by Cindee Wolf with Design Solutions, applicant, on behalf of Lora Gabrio, property owner, to rezone approximately 0.36 acres of land located at 7100 Carolina Beach Road from R-10, Residential to (CZD) O&I, Office and Institutional. BRIEF SUMMARY: The applicant is proposing to rezone approximately 0.36 acres at 7100 Carolina Beach Road from R-10, Residential to (CZD) O&I, Conditional Office and Institutional. The proposed development consists of the renovation of an existing single-family dwelling and adding approximately 200 square feet of additional floor area for business offices. The R-10 district in this area was established in 1974, reflecting the pre-existing housing pattern. Currently, the site is a single-family residential use. The 0&1 district was established to provide lands that accommodate institutional, professional office, and other compatible uses. 0&1 districts are intended for areas with more intense uses and higher density development patterns to support economic clusters in appropriate locations. The conceptual plan indicates that the existing 1,261 square foot residential structure and a proposed addition of 200 square feet would be used as a business office. The applicant requests to limit future uses to offices for Private Business and Professional Activities, Instructional Services & Studios, Personal Services (General), and Single -Family Residential as a proposed condition of the rezoning. The submitted concept plan shows that the existing driveway from Carolina Beach Road will be abandoned, and the subject site will be accessed by a new driveway from Lehigh Road. The applicant has also proposed conditions on lighting so that spillage and glare will not be directed at adjacent property, neighboring areas, or motorists. Any free-standing sign(s) on the site are conditioned to monument -style with landscaping around the base of the sign. Since its original zoning designation, this portion of the county has experienced a transition with mixed zoning districts of higher intensities from Ashley High School to the Monkey Junction area to the north, and some commercially zoned parcels fronting Carolina Beach Road to the north and south of the subject site. The 0&1 district requires a 25-foot side interior setback, 30-foot rear setback, and Type A opaque buffer from adjacent single-family development and residentially zoned properties for commercial development. Type A opaque buffers may be constructed of vegetation, or a combination of fencing or berms with landscaping. The parcel fronts and currently has direct access to Carolina Beach Road, a state -maintained primary arterial roadway. The proposal is to remove the driveway access to Carolina Beach Road and provide a new access onto Lehigh Drive, a state -maintained local street to the north. The estimated traffic generated from the site is under the 100 peak hour threshold that triggers the ordinance requirement for a Traffic Impact Analysis (TIA). The existing site accommodates a single-family dwelling, which is estimated to generate approximately 1 AM peak hour and 1 PM peak hour trip. If approved, the estimated trip Board of Commissioners - December 5, 2022 ITEM: 6 generation would increase by 1 AM peak hour trip and 1 PM peak hour trip. The Comprehensive Plan classifies the property as Commercial Mixed Use, which allows for low to moderate intensity retail and services that can support nearby neighborhoods. The proposed (CZD) 0&1 rezoning for Offices for Private Business and Professional Activities; Instructional Services and Studios; Personal Services, General; Single -Family Residential is generally CONSISTENT with the types of uses encouraged in the Community Mixed Use place type. The Planning Board considered this application at their November 3, 2022 meeting. No one spoke in opposition to the request. The Planning Board recommended approval of the petition (6-0) with an additional condition specifying that the existing significant trees on the site would be preserved. The Planning Board found the application CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types of uses recommended in the Community Mixed Use place type. The Planning Board also found recommending APPROVAL of the rezoning request is reasonable and in the public interest because the proposal allows service -oriented uses that could serve as an appropriate transition between the existing neighborhood and the heavily traveled roadway, the proposed use types allow for services that are relatively low traffic generators, and the possibility of the parcel returning to a residential use is retained. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: The subject site fronts Carolina Beach Road, a major arterial roadway where a mixture of uses and higher intensities are envisioned. The proposal is expected to have a minimal impact on the adjacent residential properties and could serve as an appropriate transition between the established neighborhood and the heavily traveled roadway. Furthermore, the proposal seeks to remove the access onto Carolina Beach Road, reducing potential traffic conflict points, and the development is estimated to generate a minimal increase in trips. As such, Staff recommends approval of this application and suggests the following motion with the applicant's proposed conditions: I move to APPROVE of the proposed rezoning to a (CZD) 0&1 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types of uses recommended in the Community Mixed Use place type. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal allows service -oriented uses that could serve as an appropriate transition between the existing neighborhood and the heavily traveled roadway, the proposed use types allow for services that are relatively low traffic generators, and the possibility of the parcel returning to a residential use is retained, with the following conditions: 1. Restricting the uses allowed within the district to allow for Offices for Private Business and Professional Activities, Instructional Services and Studios, Personal Services, General, and Dwelling, Single -Family Detached. 2. The existing access to Carolina Beach Road will be removed and abandoned and a new driveway will be permitted to Lehigh Road, contingent on NCDOT approval. 3. Streetyard landscaping will be installed along Carolina Beach Road to meet current landscape requirements. 4. Any free-standing sign(s) on the site shall be monument style with landscaping around the base of the sign. No pole signs shall be permitted. 5. Exterior lighting, including luminaries and security lights, shall be arranged or shielded so as not to cast illumination in an upward direction above an imaginary line extended from the light Board of Commissioners - December 5, 2022 ITEM: 6 sources parallel to the ground. Fixtures shall be numbered in such that adequate levels of lighting are maintained, but that light spillage and glare are not directed at adjacent property, neighboring areas, or motorists. Light posts shall be no taller than twelve (12) feet. 6. The existing significant trees on the subject site shall be preserved. Alternative Motion for Denial I move to DENY of the proposed rezoning to a (CZD) 0&1 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the type of uses recommended in the Community Mixed Use place type, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not similar in use and intensity to other nearby uses and would not serve as a benefit as it does not provide an appropriate transition between adjacent land uses. ATTACHMENTS: Z22-20 BOC Script Z22-20 BOC Staff Report Z22-20 Zoning Map Z22-20 FLUM Z22-20 Mailout Initial Application Co\,er Sheet Z22-20 Submittal Documents Concept Plan Coeer Sheet Z22-20 Concept Plan Public Comments Co\ter Sheet Public Comments Opposition COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval with conditions as presented by staff. COMMISSIONERS' ACTIONS: Approved with conditions as recommended 5-0. Board of Commissioners - December 5, 2022 ITEM: 6 BOARD OF COMMISSIONERS SCRIPT for Zoning Map Amendment Application (Z22-20) Request by Cindee Wolf with Design Solutions, applicant, on behalf of Lora Gabrio, property owner, to rezone approximately 0.36 acres of land located at 7100 Carolina Beach Road from R-10, Residential to (CZD) O&I, Office and Institutional. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant's presentation and supporter comments (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. Applicant's rebuttal (up to 5 minutes) e. Opponent's rebuttal (up to 5 minutes) f. Staff review of any additional conditions 3. Close the public hearing 4. Board discussion 5. Before we proceed with the vote, I would like to invite the applicant to the podium. Based on the Board discussion and items presented during the public hearing, would you like withdraw your petition or proceed with a vote? 6. Vote on the application. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why approval or denial of the rezoning request is reasonable and in the public interest. Example Motion for Approval I move to APPROVE the proposed rezoning to a (CZD) 0&1 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types of uses recommended in the Community Mixed Use place type. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal allows service -oriented uses that could serve as an appropriate transition between the existing neighborhood and the heavily traveled roadway, the proposed use types allow for services that are relatively low traffic generators, and the possibility of the parcel returning to a residential use is retained, with the following conditions: Proposed Conditions: 1. Restricting the uses allowed within the district to allow for Offices for Private Business and Professional Activities, Instructional Services and Studios, Personal Services, General, and Dwelling, Single -Family Detached. 2. The existing access to Carolina Beach Road will be removed and abandoned and a new driveway will be permitted to Lehigh Road, contingent on NCDOT approval. 3. Streetyard landscaping will be installed along Carolina Beach Road to meet current landscape requirements. Board of Commissioners - December 5, 2022 ITEM: 6 - 1 - 1 1 4. Any free-standing sign(s) on the site shall be monument style with landscaping around the base of the sign. No pole signs shall be permitted. 5. Exterior lighting, including luminaries and security lights, shall be arranged or shielded so as not to cast illumination in an upward direction above an imaginary line extended from the light sources parallel to the ground. Fixtures shall be numbered in such that adequate levels of lighting are maintained, but that light spillage and glare are not directed at adjacent property, neighboring areas, or motorists. Light posts shall be no taller than twelve (1 2) feet. 6. The existing trees significant trees on the subject site shall be preserved. Example Motion for Denial I move to DENY the proposed rezoning to a (CZD) 0&1 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the type of uses recommended in the Community Mixed Use place type, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not similar in use and intensity to other nearby uses and would not serve as a benefit as it does not provide an appropriate transition between adjacent land uses. Alternative Motion for Approval/Denial: I move to [Approve/Deny] the proposed rezoning to a conditional 0&1 district. I find it to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] I also find [Approval/Denial] of the rezoning request is reasonable and in the public interest because [insert reasons] Board of Commissioners - December 5, 2022 ITEM: 6 - 1 - 2 STAFF REPORT FOR Z22-20 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z22-20 Request: Rezone 0.36 acres to (CZD) O&I, Conditional Office & Institutional District Applicant: Property Owner(s): Cindee Wolf Lora A. Gabrio Location: Acreage: 7100 Carolina Beach Road 0.36 PID(s): Comp Plan Place Type: R08218-003-003-000 Community Mixed Use Existing Land Use: Proposed Land Use: Offices for Private Business and Professional Single -Family Dwelling Activities; Instructional Services and Studios; Personal Services, General; Dwelling, Single - Family Detached Current Zoning: Proposed Zoning: R-10, Residential (CZD) O&I, Conditional Office & Institutional ZONING n N �� Mcqulllan_Dr �, o l � w w � p � /� �ehlgh;Rii� � Bozeman Rd SItB CZD 0 8-1 NIsle'Of Pafms_!gi ® o&i LI1]L=_ Salient Pt! [] R-10 Bonaire.Rd R-15 SURROUNDING AREA LAND USE ZONING North Single -Family Residential R-10 East Carolina Beach Road Right -of -Way & Single- Family Residential R-15 South Single -Family Residential R-10 West Single -Family Residential R-10 Z22-20 Staff Report BOC 12.5.2022 Page 1 of 16 Board of Commissioners - December 5, 2022 ITEM: 6 - 2 - 1 ZONING HISTORY April 7, 1971 Initially zoned R-10 (Area 4) COMMUNITY SERVICES Water/Sewer well and septic exist on site. However, connection to water is available through CFPUA. CFPUA sewer is not available. Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire District, New Hanover County Federal Point Station Schools Anderson Elementary, Myrtle Grove Middle, and Ashley High Schools Recreation Veterans Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Z22-20 Staff Report BOC 12.5.2022 Page 2 of 16 Board of Commissioners - December 5, 2022 ITEM: 6 - 2 - 2 APPLICANT'S PROPOSED CONCEPTUAL PLAN - Ne------------- w Driveway Access ILI ���• publ� � _ � 4 r Galen 200' SF Addition Old Driveway Access to be Abandoned Proposed Site Plan with Staff Markups • The applicant is proposing to rezone approximately 0.36 acres at 7100 Carolina Beach Road from R-10, Residential to (CZD) O&I, Conditional Office and Institutional. The proposed development consists of the renovation of an existing single-family dwelling and adding approximately 200 square feet of additional floor area for business offices. • The applicant requests to limit future uses to Offices for Private Business and Professional Activities, Instructional Services & Studios, Personal Services (General), and Single -Family Residential. • The submitted concept plan shows that the existing driveway from Carolina Beach Road will be abandoned, and the subject site will be accessed by a new driveway from Lehigh Road. • The applicant has also proposed conditions on lighting so that spillage and glare will not be directed at adjacent property, neighboring areas, or motorists. • Any free-standing sign(s) on the site are conditioned to monument -style with landscaping around the base of the sign. Z22-20 Staff Report BOC 1 2.5.2022 Page 3 of 16 Board of Commissioners - December 5, 2022 ITEM: 6 - 2 - 3 ZONING CONSIDERATIONS • The R-10 district in this area was established in 1974, reflecting the pre-existing housing pattern in the area. • Since its original zoning designation, this portion of the county has experienced a transition with mixed zoning districts of higher intensities from Ashley High School to the Monkey Junction area to the north, and some commercially zoned parcels fronting Carolina Beach Road to the north and south of the subject site. • The 0&1 district was established to provide lands that accommodate institutional, professional office, and other compatible uses. 0&1 districts are intended for areas with more intense uses and higher density development patterns to support economic clusters in appropriate locations. • The 0&1 district allows a variety of both residential and commercial development. • The 0&1 district requires a 25-foot side interior setback, 30-foot rear setback, and Type A opaque buffer from adjacent single-family development and residentially zoned properties for commercial development. Type A opaque buffers may be constructed of vegetation, or a combination of fencing or berms with landscaping. • As proposed by the applicant, the uses would be limited to the following: o Offices for Private Business and Professional Activities — Establishments primarily engaged in the day-to-day administrative or clerical services for businesses or other organizations that provide professional or other services to the general public on a walk-in or appointment basis in an office setting. o Instructional Services and Studios — Establishments primarily engaged in teaching skills within a group setting pertaining to specialized recreational or artistic pursuits, including but not limited to, dance studios, yoga studios, fitness classes, martial arts, painting, sculpting, and singing o Personal Services, General — Establishments primarily engaged in providing non- medical services to individuals involving the care of a person or his or her personal goods or apparel, including barber shops, beauty salons, nail care salons, tanning services, shoe and clothing repair, and drop off laundry services. o Dwelling, Single -Family Detached — A single detached dwelling unit on a lot, other than a mobile home dwelling and excluding any accessory dwelling unit. • If approved, any future development would be subject to Technical Review Committee and Zoning Compliance review processes to ensure full compliance with all ordinance requirements and specific conditions included in the approval. Only minor deviations from the approved conceptual plan, as defined by the UDO, would be allowed. Z22-20 Staff Report BOC 1 2.5.2022 Page 4 of 16 Board of Commissioners - December 5, 2022 ITEM: 6 - 2 - 4 AREA SUBDIVISIONS UNDER DEVELOPMENT r ■■��4 ��■ Development Total Units Built Remaining •�~ �A�� �_ � ��II�■t11�1►� 1■�■ov I�lr; ►• ,�i F ;;;,` ; ■on 111i11111111111111■1111 ?,]NJ I 0 MEEK IIIIIIIiIII Illill ■ � � aiini�wn'n,�i% , %� 1 LIIi1 11I L�1 .�� �� ,III111111111111111111111111p1�11 - IIi� ��:�' �.111■111111�1111111111111111 �Illlllllh!11 -r1 Sea �i■ � •_, ■ � is -am �Ahp�`11111-!w_pi.� 1 iL �1llllrllllllll�ll��lr►�1� s.'r,.- .• ��I ��= iRa.. ��� i �===■-� � ' � v�,y� � ��� r :�1■�111■ � — ��IIIltlllllllllllltlll 11�1111■I■IIIIIIIIIi1���1 � II�tiJ��L#11_�= lrnllllnllu ��� +� i '!r■■■■ ...t I� ►`i - -tNr7.p r■■rr�llV uaalr, � - S�=� Ili% .� ►�1 �ws�� h�� u�rrq , �` +s`:t� �1 Ind■ ■� �■ ■■ = r�� j u. •al G1� a�L■■Awt11s a 111►�'%` . : _�1 �.#■ _ ■Illli.� �'c= � CIIBII:lt11f =ntirl ,11 1►. ��� ���rrirmq�r■ ■#iui.�iI1I11111N.� !■ L�11 r,�' �1■■111111r■ �: i 1�■.�a■�s�/,�, ��� � !� / f�!_ �111111111l11� • l� �_.Imn111i1111# � � Hr A� iir�.t��. ►r■■a�_ � irr G ��iwr Z22-20 Staff Report BOC 1 2.5.2022 Page 5 of 16 Board of Commissioners - December 5, 2022 ITEM: 6 - 2 - 5 TRANSPORTATION Site Access �i Mcquillan-Drive— n 0 0 m n Proposed Access Lehigh Road 0, T —Lehigh•Roadro-7-7 Site N • The parcel fronts and currently has direct access to Carolina Beach Road, a state -maintained primary arterial roadway. The proposal is to remove the driveway access to Carolina Beach Road and provide a new access onto Lehigh Drive, a state -maintained local street to the north. • As depicted in the application materials, the applicant proposes to abandon the driveway onto Carolina Beach Road. The proposed development would be accessed by a new driveway from Lehigh Drive. • The proposed driveway access will be reviewed by NCDOT and will require approval through the driveway permitting process. • The estimated traffic generated from the site is under the 100 peak hour threshold that triggers the ordinance requirement for a Traffic Impact Analysis (TIA). Z22-20 Staff Report BOC 12.5.2022 Page 6 of 16 Board of Commissioners - December 5, 2022 ITEM: 6 - 2 - 6 • The existing site accommodates a single-family dwelling, which is estimated to generate approximately 1 AM peak hour and 1 PM peak hour trip. If approved, the estimated trip generation would increase by 1 AM peak hour trip and 1 PM peak hour trip. Intensity Approx. Peak Hour Trips Existing Use (Residential) 1 Single-family Dwelling 1 AM / 1 PM Proposed Development: General Office (1,500 square feet) 2 AM / 2 PM Health & Fitness Club 2 AM / 5 PM Possible Future Uses: Hair Salon 2 AM / 2 PM • Because a TIA is not required to analyze transportation impacts, Staff has provided the volume to capacity ratio for the adjacent roadway near the subject site. While volume to capacity ratio, based on average daily trips, can provide a general idea of the function of adjacent roadways, the delay vehicles take in seconds to pass through intersections is generally considered a more effective measure when determining the Level of Service of a roadway. • The most recent traffic counts in the area indicate capacity currently exists on the Carolina Beach Road corridor. WMPO Average Annual Daily Traffic (AADT 2021) Road Location Volume Capacity V/C Carolina Beach Between Myrtle Grove Road and Road Chimney Lane (North of Lehigh 37,654 41,368 0.91 Road) Z22-20 Staff Report BOC 12.5.2022 Page 7 of 16 Board of Commissioners - December 5, 2022 ITEM: 6 - 2 - 7 Nearby Planned Transportation Improvements and Traffic Impact Analyses Z22-20 Staff Report BOC 1 2.5.2022 Page 8 of 16 Board of Commissioners - December 5, 2022 ITEM: 6 - 2 - 8 Nearby Traffic Impact Analyses: Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards. Approved analyses must be re-examined by NCDOT if the proposed development is not completed by the build out date established within the TIA. Proposed Development ILand Use/Intensity ITIA Status 1. Masonboro Golf 141 single-family detached Approved August 16, 2018 Club housing units Full build out 2020 The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Provide a southbound, left -turn lane on River Road with 50 feet of storage, 50 feet of full - width deceleration and appropriate taper on River Road at The Cape Boulevard. Nearby Proposed Developments included within the TIA: • None. Development Status: Development and improvements are currently under construction. Proposed Development Land Use/Intensity TIA Status 2. River Oaks • 108 single-family detached housing units e Approved July 24, 2020 e Full build out 2021 The TIA required an analysis to be completed at certain intersections in the area. The TIA recommended no improvements at any of the intersections. Nearby Proposed Developments included within the TIA: • None. Development Status: Development and improvements are currently under construction. ENVIRONMENTAL • No portion of the parcel is located within a Special Flood Hazard Area. • The entire site is within the ICW 11 watershed, which drains directly into the Intracoastal Waterway. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class I (suitable/slight limitation). • Water is available through CFPUA, but sewer is unavailable. • There is an existing septic system on the subject site. Per Environmental Health, the new development will be required to submit a septic and well reuse/existing system application. Z22-20 Staff Report BOC 1 2.5.2022 Page 9 of 16 Board of Commissioners - December 5, 2022 ITEM: 6 - 2 - 9 OTHER CONSIDERATIONS EXISTING SITE I Existing Site of Proposed Development: Looking South at the subject parcel along Carolina Beach Road Looking West along Lehigh Road Z22-20 Staff Report BOC 12.5.2022 Page 10 of 16 Board of Commissioners - December 5, 2022 ITEM: 6 - 2 - 10 - 'loll � 1`k qdi N k� S _ E � � r �I' i REPRESENTATIVE PHOTOS Examples of Residential Structures converted into Businesses: Converted residential structure along Oleander Drive Converted residential structure along Wrightsville Avenue Z22-20 Staff Report BOC 12.5.2022 Page 12 of 16 Board of Commissioners - December 5, 2022 ITEM: 6 - 2 - 12 Context and Compatibility • The subject property is located at 7100 Carolina Beach Road at the corner of Lehigh Road and Carolina Beach Road. • The subject site is accessed by Carolina Beach Road. • There are a mix of commercial and single-family residential uses within the area. • The site abuts a residential parcel to the south and a residential neighborhood to the west. The development could serve as a transition between Carolina Beach Road, a heavily traveled arterial road, and the residential uses to the west. • The proposal is located between the Monkey Junction intersection and the Town of Carolina Beach along a heavily traveled corridor where transitional service uses would be more appropriate than a single-family dwelling. • The proposal provides flexibility between residential and commercial uses, and preserves the ability for property to be used as a single-family residence in the future. • Commercial uses exist two parcels north of the subject site. • The proposed 0&1 district would require a Type A opaque buffer to be placed between the commercial development and the adjacent single-family uses. The buffer may be constructed of vegetation, or a combination of fencing or berms with landscaping. Z22-20 Staff Report BOC 1 2.5.2022 Page 13 of 16 Board of Commissioners - December 5, 2022 ITEM: 6 - 2 - 13 2016 COMPREHENSIVE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County's future land use, as designated by place types describing the character and function of the different types of development that make up the community. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. LAND USE N _ � Mcqulllan D+y T 6 t[ f Lehigh Rd d 6ozeman-Rtl site GENERAL RESIDENTIAL Isle -of Pahns.(y COMMUNITY MIXED L�� ® SaUent pt, USE Future Land Use Map Place Type Community Mixed Use Focuses on small-scale, compact, mixed use development patterns that serve Place Type all modes of travel and act as an attractor for county residents and visitors. Description Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi -family and single-family residential. The subject property is located along a major roadway corridor, Carolina Beach Road, and is surrounded by single-family dwellings on each side. Within the general vicinity exists commercial uses, both north and south of the subject site, on parcels fronting Carolina Beach Road. The Comprehensive Plan classifies the property as Commercial Mixed Use, which allows for low to moderate intensity retail and services that can support nearby neighborhoods. The Community Mixed Use place type designation encourages a mix of uses, including single- and multi -family residential, commercial, civic, mixed -use, and recreational uses. Typical zoning associated with this place type includes moderate density Analysis residential, commercial, office and institutional, and mixed -use. The site is located between Carolina Beach Road, a major arterial, and an established single-family neighborhood where transitional commercial uses could be appropriate. The place type is consistent with the anticipated gradual conversion of residential properties into commercial and mixed -use projects along the heavily traveled corridor. However, the proposal allows the flexibility of the use of the parcel to be converted back into a residential use. The proposed (CZD) 0&1 rezoning is more consistent with the uses and intensity recommended in the Comprehensive Plan than the development allowed within the existing R-10 zoning district. Z22-20 Staff Report BOC 12.5.2022 Page 14 of 16 Board of Commissioners - December 5, 2022 ITEM: 6 - 2 - 14 The proposed (CZD) 0&1 rezoning for Offices for Private Business and Consistency Professional Activities; Instructional Services and Studios; Personal Services, Recommendation General; Dwelling, Single -Family Detached is generally CONSISTENT with the types of uses encouraged in the Community Mixed Use place type. PLANNING BOARD MEETING The Planning Board considered this application at their November 3, 2022 meeting. No one spoke in support of or in opposition to the request. Members of the Planning Board expressed concern about the existing trees on the subject site. Based on comments and feedback received during the hearing, the applicant has agreed to a condition regarding the preservation of the existing trees on the subject site, in addition to the five initial proposed conditions. The Planning Board recommended approval of the petition (6-0) with the following conditions: 1. Restricting the uses allowed within the district to allow for Offices for Private Business and Professional Activities, Instructional Services and Studios, Personal Services, General, and Dwelling, Single -Family Detached. 2. The existing access to Carolina Beach Road will be removed and abandoned and a new driveway will be permitted to Lehigh Road, contingent on NCDOT approval. 3. Streetyard landscaping will be installed along Carolina Beach Road to meet current landscape requirements. 4. Any free-standing sign(s) on the site shall be monument style with landscaping around the base of the sign. No pole signs shall be permitted. 5. Exterior lighting, including luminaries and security lights, shall be arranged or shielded so as not to cast illumination in an upward direction above an imaginary line extended from the light sources parallel to the ground. Fixtures shall be numbered in such that adequate levels of lighting are maintained, but that light spillage and glare are not directed at adjacent property, neighboring areas, or motorists. Light posts shall be no taller than twelve (1 2) feet. 6. The existing significant trees on the subject site shall be preserved. The Planning Board found the application to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types of uses recommended in the Community Mixed Use place type. The Planning Board also found APPROVAL of the rezoning request is reasonable and in the public interest because the proposal allows service -oriented uses that could serve as an appropriate transition between the existing neighborhood and the heavily traveled roadway, the proposed use types allow for services that are relatively low traffic generators, and the possibility of the parcel returning to a residential use is retained. Z22-20 Staff Report BOC 12.5.2022 Page 15 of 16 Board of Commissioners - December 5, 2022 ITEM: 6 - 2 - 15 STAFF RECOMMENDATION The subject site fronts Carolina Beach Road, a major arterial roadway where a mixture of uses and higher intensities are envisioned. The proposal is expected to have a minimal impact on the adjacent residential properties and could serve as an appropriate transition between the established neighborhood and the heavily traveled roadway. Furthermore, the proposal seeks to remove the access onto Carolina Beach Road, reducing potential traffic conflict points, and the development is estimated to generate a minimal increase in trips. As such, Staff recommends approval of this application and suggests the following motion with the proposed conditions: I move to APPROVE of the proposed rezoning to a (CZD) 0&1 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types of uses recommended in the Community Mixed Use place type. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal allows service -oriented uses that could serve as an appropriate transition between the existing neighborhood and the heavily traveled roadway, the proposed use types allow for services that are relatively low traffic generators, and the possibility of the parcel returning to a residential use is retained, with the following conditions: 1 . Restricting the uses allowed within the district to allow for Offices for Private Business and Professional Activities, Instructional Services and Studios, Personal Services, General, and Dwelling, Single -Family Detached. 2. The existing access to Carolina Beach Road will be removed and abandoned and a new driveway will be permitted to Lehigh Road, contingent on NCDOT approval. 3. Streetyard landscaping will be installed along Carolina Beach Road to meet current landscape requirements. 4. Any free-standing sign(s) on the site shall be monument style with landscaping around the base of the sign. No pole signs shall be permitted. 5. Exterior lighting, including luminaries and security lights, shall be arranged or shielded so as not to cast illumination in an upward direction above an imaginary line extended from the light sources parallel to the ground. Fixtures shall be numbered in such that adequate levels of lighting are maintained, but that light spillage and glare are not directed at adjacent property, neighboring areas, or motorists. Light posts shall be no taller than twelve (1 2) feet. 6. The existing significant trees on the subject site shall be preserved. Alternative Motion for Denial I move to DENY the proposed rezoning to a (CZD) 0&1 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the type of uses recommended in the Community Mixed Use place type, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not similar in use and intensity to other nearby uses and would not serve as a benefit as it does not provide an appropriate transition between adjacent land uses. Z22-20 Staff Report BOC 1 2.5.2022 Page 16 of 16 Board of Commissioners - December 5, 2022 ITEM: 6 - 2 - 16 Site Address: Z22-20 7100 Carolina Beach Rd Existing Zoning/Use: R-10 P.. equuian- Zoning Districts B-1 AC R-5 EDZD CB 1-1 R-7 PD B 22 1-2 R-10 RMF-X CS AR R-15 RMFU SC RA R-20 UMXZ O&I R-20S ,7—=lmm1® ❑ Indicates Conditional Zoning District (CZD) COD See Section 5.7 of the UDO In ❑ Incorporated Areas ` k SHOD Board f Co missio e s - e ember 5, 2 2� ITEM: 6 - 1 IIeY-Wall ma lien I. Proposed Zoning/Use: NT CZD O&I Ak 1s 0 250 500 Feet Case: Site Address: Existing Zoning/Use: Z22-20 7100 Carolina Beach Rd R-10 SITE �neraI U I- idential FFTTM _ Place Types Isle-O_f=Pa ms-L2 CII-17111TIIfl1 COMMERCE ZONE — EMPLOYMENT CENTER GENERAL RESIDENTIAL URBAN MIXED USE Inlet=Acres=Dri COMMUNITY MIXED USE RURAL RESIDENTIAL CONSERVATION Board of ommiss Little-Ponyiqre Proposed Zoning/Use: CZD O&1 General sm li Residential Bozeman=Rd community Mixed Use Salient -Pt L 0 250 500 Feet I i I Case: Site Address: Existing Zoning/Use: Proposed Zoning/Use: N Z22-20 7100 Carolina Beach Rd R-10 CZD O&I Ak cauil naire=Rd SITE Ratlnor,Rd Hill'-Valley'Wal 0 250 500 Feet ❑Neighboring Parcels (500 feet) ittBle PonyTrlm I��4ng_Dr 5 ° r.9�1 Initial Application Documents & Materials Board of Commissioners - December 5, 2022 ITEM: 6 - 6 - 1 NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina 28403 Telephone (910) 798-7165 FAX (910) 798-7053 planningdevelopment.nhcgov.com CONDITIONAL ZONING APPLICATION This application form must be completed as part of a conditional zoning application submitted through the county's online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the application, are set out in Section 10.3.3 of the Unified Development Ordinance. (Optional) Pre -Application Conference 1. Applicant and Property Owner Information Applicant/Agent Name Owner Name (if different from Applicant/Agent) Cindee Wolf Lora A. Gabrio Company Company/Owner Name 2 Design Solutions Address Address P.O. Box 7221 7100 Carolina Beach Road City, State, Zip City, State, Zip Wilmington, NC 28406 Wilmington, NC 28412 Phone Phone 910-620-2374 910-742-0554 (Contact: Matthew Kane) Email Email cwolf@lobodemar.biz matthew@tidalrealtypartners.com Board of Commissioners - December 5, 2022 Page 1 of 6 ITEM: 6 - 7-8onditional Zoning District Application — Updated 02-2022 2. Subject Property Information Address/Location Parcel Identification Number(s) 7100 Carolina Beach Road 313214.42.4808 [R08218-003-003-0001 Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification 15,753 s.f. (0.36 ac.+/-) R-10 Community Mixed -Use 3. Proposed Zoning, Use(s), & Narrative Proposed Conditional Zoning District: I Total Acreage of Proposed District: 0.36 ac.+/- Please list the uses that will be allowed within the proposed Conditional Zoning District, the purpose of the district, and a project narrative (attach additional pages if necessary). Note: Only uses permitted in the corresponding General Use District are eligible for consideration within a Conditional Zoning District. The petition is for a rezoning of the subject parcel from Residential (R-10) to Conditional Zoning District - Office & Institutional (CZD/0&1). The proposed project is to renovate the existing structure, adding approximately 200 square feet of additional floor area, for business offices. Possible future uses would include Instructional Services & Studios, and Personal Services (General), 4. Proposed Condition(s) Note: Within a Conditional Zoning District, additional conditions and requirements which represent greater restrictions on the development and use of the property than the corresponding general use district regulations may be added. These conditions may assist in mitigating the impacts the proposed development may have on the surrounding community. Please list any conditions proposed to be placed on the Conditional Zoning District below. Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process. The existing access to Carolina Beach Road will be removed and abandoned. A new driveway will be permitted to Lehigh Road, for access to a parking area screened behind the building. Streetyard landscaping will be installed along Caroina Beach Road to meet current landscape requirements. Any free-standing sign(s) on the site shall be monument -style with landscaping around the base of the sign. No pole signs shall be permitted. Exterior lighting, including luminaries and security lights, shall be arranged or shielded so as not to cast illumination in an upward direction above an imaginary line extended form the light sources parallel to the ground. Fixtures shall be numbered surch that adequate levels of lighting are maintained, but that light spillage and glare are not directed at adjacent property, neighboring areas, or motorists. Light posts shall be no taller than twelve (12) feet. Board of Commissioners - December 5, 2022 Page 2 of 6 ITEM: 6 - 7-&nditional Zoning District Application — Updated 02-2022 5. Traffic Impact Please provide the estimated number of trips generated for the proposed use(s) based off the most recent version of the Institute of Traffic Engineers (ITE) Trip Generation Manual. A Traffic Impact Analysis (TIA) must be completed for all proposed developments that generate more than 100 peak hour trips, and the TIA must be included with this application. ITE Land Use: General Office (710) Trip Generation Use and Variable (gross floor area, dwelling units, etc.) 1500 s.f.+/- (GFA) AM Peak Hour Trips: 2 I PM Peak Hour Trips: 2 I 6. Conditional Zoning District Considerations The Conditional Zoning District procedure is established to address situations where a particular land use would be consistent with the New Hanover County 2016 Comprehensive Plan and the objectives outlined in the Unified Development Ordinance and where only a specific use or uses is proposed. The procedure is intended primarily for use with transitions between zoning districts of dissimilar character where a particular use or uses, with restrictive conditions to safeguard adjacent land uses, can create a more orderly transition benefiting all affected parties and the community at -large. The applicant must explain, with reference to attached plans (where applicable), how the proposed Conditional Zoning district meets the following criteria. 1. How would the requested change be consistent with the County's policies for growth and development, as described in the 2016 Comprehensive Plan, applicable small area plans, etc. Policies for growth and development encourage continued efforts to attract and maintain businesses. The petitioner operates a successful real estate enterprise here in New Hanover County and wishes to operate out of an office in this location. The property is along a major commercial corridor where there is good visibility and business activities are common. Sustainability of the County depends on sensible in -fill and maximizing land use. Board of Commissioners - December 5, 2022 Page 3 of 6 ITEM: 6 - 7-6onditional Zoning District Application — Updated 02-2022 2. How would the requested Conditional Zoning district be consistent with the property's classification on the 2016 Comprehensive Plan's Future Land Use Map. The parcel is within an area of the County identified by the Comprehensive Land Use Plan as a "Community Mixed -Use" place -type. That criteria suggests more intensive uses to support the surrounding community. The proposed project is adaptive reuse of an existing structure and the use is an acceptable transition between the busy highway corridor and the more established single-family housing beyond. 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? Carolina Beach Road is a major thoroughfare, and has become extremely busy over the years. These parcels along the highway are no longer attractive for the classic single-family home. Board of Commissioners - December 5, 2022 Page 4 of 6 ITEM: 6 - 7 -conditional Zoning District Application — Updated 02-2022 Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under "Applicant Initial". If an item is not applicable, mark as "N/A". Applications determined to be incomplete must be corrected in order to be processed for further review; Staff will confirm if an application is complete within five business days of submittal. Application Checklist ® This application form, completed and signed ® Application fee: Applicant Initial CAW • $600 for 5 acres or less • $700 for more than 5 acres • $300 in addition to base fee for applications requiring TRC review CAW ® Community meeting written summary CAW ❑ Traffic impact analysis (if applicable) • The official TIA approval letter is recommended prior to this item being placed on the Planning Board meeting agenda. The Planning Board may choose to continue the hearing until the official TIA approval letter is provided. • The official TIA approval letter is required prior to this item being placed on the Board of Commissioners meeting agenda. N/A ® Legal description (by metes and bounds) or recorded survey Map Book and Page Reference of the property requested for rezoning CAW ® Conceptual Plan including the following minimum elements: Tract boundaries and total area, location of adjoining parcels and roads • Proposed use of land, building areas and other improvements o For residential uses, include the maximum number, height, and type of units; area to be occupied by the structures; and/or proposed subdivision boundaries. o For non-residential uses, include the maximum square footage and height of each structure, an outline of the area structures will occupy, and the specific purposes for which the structures will be used. • Proposed transportation and parking improvements; including proposed rights -of -way and roadways; proposed access to and from the subject site; arrangement and access provisions for parking areas. • All existing and proposed easements, required setbacks, rights -of -way, and buffers. • The location of Special Flood Hazard Areas. • A narrative of the existing vegetation on the subject site including the approximate location, species, and size (DBH) of regulated trees. For site less than 5 acres, the exact location, species, and sized (DBH) of specimen trees must be included. • Approximate location and type of stormwater management facilities intended to serve the site. • Approximate location of regulated wetlands. • Any additional conditions and requirements that represent greater restrictions on development and use of the tract than the corresponding general use district regulations or additional limitations on land that may be regulated by state law or local ordinance CAW ® One (1) hard copy of ALL documents and site plan. Additional hard copies may be required by staff depending on the size of the document/site plan. CAW ® One (1) digital PDF copy of ALL documents AND plans CAW Board of Commissioners - December 5, 2022 Page 5 of 6 ITEM: 6 - 7 -conditional Zoning District Application — Updated 02-2022 dolloop signature verification dt1p.us/W34y-QgRW-udmf 7. Acknowledgement and Signatures By my signature below, I understand and accept all of the conditions, limitations, and obligations of the Conditional Zoning District zoning for which I am applying. I understand that the existing Official Zoning Map is presumed to be correct. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. If applicable, I also appoint the applicant/agent as listed on this application to represent me and make decisions on my behalf regarding this application during the review process. The applicant/agent is hereby authorized on my behalf to. 1. Submit an application including all required supplemental information and materials; 2. Appear at public hearings to give representation and comments; 3. Act on my behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of this application; and 4. Provide written consent to any and all conditions of approval, dotfoop venfietl Q�tss D9R8l2212DPME0T Lora A Gabrio G9H6VIAQ-3FD6-p8V5 Signature of Property Owner(s) Print Name(s) Cynthia Wolf / Design Solutions Signatur of Applicant/Agent Print Name Note. This form must be signed by the owner(s) of record. If there are multiple property owners, a signature is required for each owner of record. If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will be colendared for the next meeting and no fee will be required. if delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. Page 6 of 6 Board of Commissioners C-,, 1jo aefrZohing District Application — Updated 02-2022 ITEM: 6 - 7 -� STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER . IIIN 1, 04—* IbMt1,0140f REVIEW OFFICE ",� 'F NEW HANOVER COUNTY CERTIFY THAT THE MAP OR PLAT TO WHICH THIS CERTIFICATION IS AFFIXED MEETS ALL STATUTORY, MEETS FOR RECORDING 01 - 40 DATE: rVIEW IOFFICER WITH THIS RECORDATION OF NEW HANOVER COUNTY ACCEPTS THE DEDICAVGON_FOR PUBLIC WAAER AND /OR SEWER PURPOSES. COUN CER711c_1M4TC OF OWNZ-R5HIP, OZ016,4110N AND /URlSO90110N I (WE) RENBY CERTIFY THAT I AM (WE ARE) THE OWNER(S) OF THE PROPERTY SHOWN AND D-,PESCRIBED HEREON AND THAT I (WE) HEREBY ADOPT THIS PLAN OF SUBDIVISION WLTH MY (OUR) OWN FREE CONSENT AND DEDICATE ALL STREETS, ALLEYS, WALKS, PARKS, CONSERVATION SPACE AND OTHER AREAS TO PUBLIC OR PRIVATE USE AS NOTED. ALL ROADS AND DRAINAGE EASEMENTS ARE DEDICATED FOR PUBLIC UTILITY PURPOSES. FURTHER, I (WE) CERTIFY THE LAND AS SHOWN HEREON IS LOCATED WIT THE SUBDIVISION JURISDICTION OF NEW HANOVER COUNTY. . /I , DATE SIGNATURE OF OWNER(S) DATE SUBORDINATION CONSENT OF MORTGAGEE C_`RT11-'1C_47E,015CZ.411W1N0 91'4,rEq S6111-A91Z11Y & A-V41Z,49IZ1TY NOTWITHSTANDING NEW HANOVER COUNTY APPROVAL OF THIS PLAT, LOTS SHOWN ON SAID PLAT MAY NOT RECEIVE HEALTH DEPARTMENT APPROVAL FOR ON SITE SEWAGE DISPOSAL SYSTEMS, NOR FOR INDIVIDUAL WATER SUPPLY SYSTEMS, NOR DOES SUCH APPROVAL GUARANTEE THE AVILA-BiLITY OF WATER OR SEWER SERVICES FROM NEW HANOVER COUNTY. CZ1Ff11_1C14TZ_ OF 1'?Z_G157RA710N 9Y MEOIS76? OF z9Z_Z_,95 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER Filed for registration on the ay of 'namk� 2005 [a,m.10W] and duly recorded in Map Book at Page -A m , g - Register of Deeds loos 0 1 1� 1i % r4, 1, STUART Y. BENSON, PROFESSIONAL LAND SURVEYOR CERTIFY THAT THIS SURVEY IS OF ANOTHER. CATEGORY, SUCH AS THE RECOMBINATION OF EXISTING PARCELS, A COURT DERED SURVEY, OR OTHER EXCEPTION JB�], I., tR TI0N ION, TO THE DEFI�,A OF St �POFESSIONA7LAND SURVEYOR L-2,675 1, STUART Y. BENSON, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION (DEED DESCRIPTION RECORDED IN DEED BOOK 2330 PAGE 767). THAT THE BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED AS DRA)y� FROM INFOR-MAT1,0N FOUND AS NOTED HEREON: THAT THE RATIO OF PRECISION AVVALCLUATED IS 1 : 20,0,00+/—: THAT THIS PLAT WAS PREPARED IN ACCORDANCE V)(TH/ G.S. 47-30 AS AMENDED. WITNESS MY ORIGINAL SI-GNTURE, LICENSE T Y. 113ENSON PROFESSIONAL LAND SURVEYOR NO L-2675 STUART Y BENSON & ASSOCIATES ONE -NORTH 6th ST., WILMINGTON, NC I EUNICE AND MARIE F. SPAM DEED BOOK 2467 PAGE 152 OL R I'N U.S Hey - Y42-1 (PLISUC RIGHT OF WA NOTES: THIS L 0 T IS L 0 CA TED IN ZONE 0, COMMUNITY PANEL 3F 370168 0105 D DATED APRIL 15, 1986 ZONE. R_ 10 NO N. C. GRID IVONUMEN TS FOUND W1 THIN 2000 FEET IF THESE L 0 TS. OWNER OF RECORD: ROBERT J. AND LORA A. KUZMA 7100 CAROLINA BEACH ROAD WILMINGTON, NC 28412 "? I CHIMMr-y , SITE LOCATION MAP LEGEND: I.P.S. OR I.R.S. 0 IRON PIPE OR ROD SET E.1,P. OR E.I.R. 0 EXISTING IRON PIPE OR ROD C.M. o CONCRETE MONUMENT C/L CENTER LINE R/W RIGHT OF WAY P.K. Q P.K. SURVEY NAIL • NON-MONUMENTED CORNER SURVEYFOR IROBLERT J. & LORA A. KUZMA LOT ADJ. LEHIGH ESTATES FEDERAL POINT TOWNSHIP NEW HANOVER COUNTY, NORTH CAROLINA MAP BOOK 12 'PAGE 15 DEED BOOK 2330- PAGE 767 . FEBRUARY 22, 2005 GRAPHIC SCALE ( IN FEET ) I inch = 40, ft. KUZMA—REC,DWG 0 Board of Commissi!�%_fcember 5, 2022 Commissioners ITEM: 6 - 7 - 9 Legal Description for Conditional Zoning District at 7100 Carolina Beach Road Beginning at a point at the intersection of the western boundary of Carolina Beach Road (U.S. Hwy. 421), a 160' public right-of-way, and the southern boundary of Lehigh Road (S.R. 1258), a 60' public right-of-way; and running thence with the Carolina Beach Road right-of-way, South 03045'00" East, 99.83 feet to a point; thence North 87040'26" West, 65.28 feet to a point; thence South 02019'34" West, 2.07 feet to a point; thence North 83020'01" West, 120.24 feet to a point; thence North 07032'47" East, 78.80 feet to a point in the southern boundary of Lehigh Road; thence with that right-of-way, Along a curve to the left, having a Radius of 1064.76 feet and Length of 111.70 feet, a Chord of North 88038'05" East. 111.65 feet to a point; thence North 85037'45" East, 56.40 feet to the point and place of beginning; containing 15,753 square feet, or 0.36 acres, more or less. Board of Commissioners - December 5, 2022 ITEM: 6 - 7 - 10 REPORT OF COMMUNITY MEETING REQUIRED BY NEW HANOVER COUNTY ZONING ORIDINANCE FOR CONDITIONAL DISTRICT REZONINGS Project Name: Tidal Realty Partners (7100 Carolina Beach Road) Proposed Zoning: R-10 to CZD / 0&1 (0.36) The undersigned hereby certifies that written notice of a community meeting on the above zoning application was given to the adjacent property owners set forth on the attached list by first class mail, and provided to the Planning Department for notice of the Sunshine List on September 14, 2022 . A copy of that written notice and site layout are also attached. The meeting was held at the following time and place: Tuesday, September 27t" 6:00 p.m.; at the Veteran's Park Picnic Shelter #2, 355 Halyburton Memorial Parkway. The persons in attendance at the meeting were: Reference attached sign -in list The following issues were discussed at the meeting: A brief presentation was given on the intent of the petitioner to renovate the existing structure for a business office, and the specifics of a conditional zoning district. The plan for a new driveway onto Leigh Road, and parking in the rear yard was shown and potential uses, if approved, were explained. Questions and concerns were voiced about adequate signage to prevent clients from by- passing the driveway and turning around in private drives. Removal of trees was also an issue, as they provide some sound blocking of the highway noise. Overall, the consensus appeared to be support, feeling that it would be an upgrade of the subiect Drooerty value and neiahborhood aesthetics. Date: September 29, 2022 Applicant: Design Solutions By: Cindee Wolf Board ot Uommissioners - UecemlDer b, ITEM: 6 - 7 - 11 Community Information Meeting Tidal Realty Partners Office Date: September 27, 2022 Name Address Email (Optional) Dawn Ferrer 8010 Sweetgrass Court ncdawn465@gmail.com c1'► 1Zo L��r�► H f 10ve aV .r?, , f 16 A �c� ���?� Vr �Crlem;-dd//41Wr unl• 66&1 Matthew Kane Developer matthew@tidairealtypartners.com Cindee Wolf Project Planner cwolf@lobodemar.biz Board of Commissioners - December 5, 2022 ITEM: 6 - 7 - 12 0/!�•� CD N z LU _p • N N O N CL W Ln t r-i Ln S w D Of w z It 0 O m Q w J 5 w U z w a J 0 N a tr Y! f'a 14.1 ra UA 0 � � ��yi� W ,. -r D r14/10 s r 1 R.110 V E h 4�11) 4 N . a uk it1 �i z [;i Q fq �4 x t� t ••ifJ L� N pM J W G. LLJ N N N r W f iri r'i rl A.,. ul M 0 V1 v, -� di .� uJ �� e Ea: L) a! _ W i7= i3 N kvl � 4� 01 i1 C� UJ i:] uj LL to IJA i� ..J rq r� N ICJ H :�- i,. tp LLF a 45, d' a, _ r+ X U a z �! w �$ w Z Q J - N � V i NV'rA r J enz c!I z ac O 0Ln � Q ilkr t� 0 E- v1 z N z_ co ? 1 a Board of Commissioners - December 5, 2022 ITEM: 6 - 7 - 13 210' 206 202 I 124 ■ " ' ' ' 136 732 128 ■ 209 245 241 135 133 29 725 ■ 10 1 1■ 1 I 1_ 1 I' 6965 : 961 r' i ❑ 7000 ■ 7001 'y + I 'r ": �� 7059 �'� '� 5 819 144 If7016 if ■ mail ' 206 ■140 124 § 20 916 it ❑ ' ll ❑ ' ■¢ 3 .202/ 120 E202 ? / \ 0 —_ — 0 91 i I' uf ■ 135 ■ — ❑ ____ w' _ _ —-119— 700 — —-- —� c=l 7127 � ; ■ 145 747� 7 7I ' ❑ � it ❑ '�i � �� I I I ❑ � r , ii ❑ 7108 ■7129 7116 � 7155 — 7120 ❑ 7161 ■ ❑ 7130 �1 ■I � r .-- 7148 ■ L❑' ■I -8'�, ~ 1■❑ ■7142 m47■ 9811813915917819321823325927829331 1 a BaW09 07■■r■r rr r r 83 1 845 —ISLE OF PALMS ■87rl 9■7'80207788019 ■9—�3'�i '7 913 783 787789 ■851 ■ 91=:—m ■ � till ii — — ■8024 � 8023 w ; Boar o ommissio - ITEM: 6 - 7 - 14 ADJACENT PROPERTIES WITHIN A 500' PERIMETER OF 7100 CAROLINA BEACH ROAD: ADJCENT OWNER NAME ADAMS LEON C DELORES BERNARDIREACA BLANTON ROBERT BOZEMAN MARY M HEIRS BRADFORD EARTHLYN SIMMONS BRYANT BESSIE M HRS BRYANT CHARLES ETAL CLINTON RICHARD ETAL CORAL RIDGE OWNERS ASSN CULLEN EVANS P EKSTROM BRETT T KELLIE B FERRER DAWN FLOYD ALEXIS FULWOOD SHERRY B GABRIO LORA A HARPER JOSHUA I JAIME HAUSEJONATHAN IRVING SHIRLEY YVONNE WADE ETAL JONES JAMES T SR HEIRS LOVEJOY RICHARD SARAH MCQUILLAN LENORA MEDEIROS BRIAN PATRICK ETAL MITCHELL VALLARIE C MORRIS LAURA 0 MULDROW MATHERINE D NEWITT ZANE ETAL REGISTER JIMMY D JUDY RICKERT HARRIET J ROSS LILLIAN T SIMMONS GLADYS SIMMONS MARY B HRS ETAL SIMMONS TERUE HRS SUNSET COVE ENTERPRISES LLC ETAL SUNSET COVE ENTERPRISES LLC ETAL TAYLOR MELISSA P HRS THEODORAKIS JOHN AMBER WILLIS RUSSELL WILSON JACKIE L LONICE R MAILING ADDRESS CITY / STATE /ZIP PROPERTY ADDRESS 17212 133RD AVE APT 9A JAMAICA, NY 11434 129 LEHIGH RD WILMINGTON 1129 MATTEO DR APT 110 WILMINGTON, NC 28412 7106 CAROLINA BEACH RD WILMINGTON 121 LEHIGH RD WILMINGTON, NC 28412 121 LEHIGH RD WILMINGTON 823 BOZEMAN RD WILMINGTON, NC 28412 3018 EVENING RD CASTLE HAYNE, NC 28429 7142 CAROLINA BEACH RD WILMINGTON 6820 WILDWOOD CT INDIANAPOLIS, IN 46268 7025 CAROLINA BEACH RD WILMINGTON 1008 11TH ST S WILMINGTON, NC 28401 8006 SWEETGRASS CT WILMINGTON, NC 28412 8006 SWEETGRASS CT WILMINGTON 1202 LAKE PARK BLVD N STE A CAROLINA BEACH, NC 28428 7148 CAROLINA BEACH RD WILMINGTON 119 LEHIGH RD WILMINGTON, NC 28412 119 LEHIGH RD WILMINGTON 124 LEHIGH RD WILMINGTON, NC 28412 124 LEHIGH RD WILMINGTON 104 CORMORANT WAY WILMINGTON, NC 28412 8010 SWEETGRASS CT WILMINGTON 45 BROLA RD MIDDLETOWN, NY 10940 809 BOZEMAN RD WILMINGTON 813 BOZEMAN RD WILMINGTON, NC 28412 813 BOZEMAN RD WILMINGTON 7100 CAROLINA BEACH RD WILMINGTON, NC 28412 7100 CAROLINA BEACH RD WILMINGTON 133 LEHIGH RD WILMINGTON, NC 28412 133 LEHIGH RD WILMINGTON 8001 SWEETGRASS CT WILMINGTON, NC 28412 8001 SWEETGRASS CT WILMINGTON 6318 STANDSBERRY LN WILMINGTON, NC 28412 7161 CAROLINA BEACH RD WILMINGTON 158 REDBUD DR CLAYTON, NC 27520 121 MCQUILLAN DR WILMINGTON 120 LEHIGH RD WILMINGTON, NC 28412 120 LEHIGH RD WILMINGTON 5553 LOCKRIDGE RD FAYETTEVILLE, NC 28311 7059 CAROLINA BEACH RD WILMINGTON 116 LEHIGH RD WILMINGTON, NC 28412 116 LEHIGH RD WILMINGTON 7016 CAROLINA BEACH RD WILMINGTON, NC 28412 7016 CAROLINA BEACH RD WILMINGTON 8005 SWEETGRASS CT WILMINGTON, NC 28412 8005 SWEETGRASS CT WILMINGTON 132 LEHIGH RD WILMINGTON, NC 28412 132 LEHIGH RD WILMINGTON 8009 SWEETGRASS CT WILMINGTON, NC 28412 8009 SWEETGRASS CT WILMINGTON 576 WHITE MEMORIAL CHURCH RD WILLOW SPRING, NC 27592 7108 CAROLINA BEACH RD WILMINGTON 3705 COLLEGE RD S WILMINGTON, NC 28412 8002 SWEETGRASS CT WILMINGTON 117 MCQUILLAN DR WILMINGTON, NC 28412 117 MCQUILLAN DR WILMINGTON 7169 CAROLINA BEACH RD WILMINGTON, NC 28412 7169 CAROLINA BEACH RD WILMINGTON 7161 CAROLINA BEACH RD WILMINGTON, NC 28412 7130 CAROLINA BEACH RD WILMINGTON 2208 LEALAND PLACE LN LAWRENCEVILLE, GA 30044 7142 CAROLINA BEACH RD WILMINGTON PO BOX 1430 CORNELIUS, NC 28031 7127 CAROLINA BEACH RD WILMINGTON PO BOX 1430 CORNELIUS, NC 28031 7129 CAROLINA BEACH RD WILMINGTON 6200 LYDDEN RD WILMINGTON, NC 28409 6965 CAROLINA BEACH RD WILMINGTON 1124 RIVAGE PROMENADE WILMINGTON, NC 28412 7000 CAROLINA BEACH RD WILMINGTON 128 LEHIGH RD WILMINGTON, NC 28412 128 LEHIGH RD WILMINGTON 7023 CAROLINA BEACH RD WILMINGTON, NC 28412 7001 CAROLINA BEACH RD WILMINGTON Board of Commissioners - December 5, 2022 ITEM: 6 - 7 - 15 • Desigv� Soiutior�s September 14, 2022 To: Adjacent Property Owners From: Cindee Wolf Re: Tidal Realty Partners Office 7100 Carolina Beach Road My Client is interested in using the existing structure at this address for a professional office. Your property is located within the proximity of the proposed project. This proposal would require a Conditional Zoning District approval from New Hanover County. A Conditional Zoning District allows particular uses to be established only in accordance with specific standards and conditions pertaining to each individual development project. Essentially, this means that only a specific set of uses, in this case the existing structure and proposed property improvements of an approved proposal can be developed. The County requires that the developer hold a meeting for all property owners within 500 feet of the tract boundary, and any and all other interested parties. This provides neighbors with an opportunity for explanation of the proposal and for questions to be answered concerning project improvements, benefits and impacts. A meeting will be held on Tuesday, September 27th, 6:00 p.m., at the Veteran's Park Picnic Shelter #2. The location is off the parking lot north of the tennis courts, 355 Halyburton Memorial Parkway. If you cannot attend, you are also welcome to contact me at telephone # 910-620-2374, or email cwolf@lobodemar.biz with comments and/or questions. We appreciate your interest in the project, and look forward to being a good neighbor and an asset to the community. ITEM: 6 - 7 - 16 �Ir! �j�j I` 'il'IIIIIf► � r �.. Fenced Bufferyard � I �ANkI I 4 �I+t► `y I Lehigh Road _ i O J � � _ ; � � �I •TT I • 5',� it Ex. 1261 s.f. + � house to _ be renovated for offices /r Proposed ! i 200 s.f. I I Addition 4 _ i e Remove & Abandon Ex. Driveway Fenc Bufferyard y+ ' 7',•y Concept Plan Board of Commissioners - December 5, 2022 ITEM: 6 - 8 - 1 W N n/f Evans Cullen 0 D.B. 6 1 38- 1 353 Zoning: R- 10 Land Use: Residential w �t N o r 0 z 29 LeNOP �<'Oac" W 30 26 \ New \1 Driveway 28 to split R— 1064.76'— 1 / Grkvel Parking Ar$a Ifl I 20' Side 5etb7 k to Residentia 10, P nced Bufferyard / 27 —N (53°20'01 " W / 1 20.24' n/f I reaca Bernard D.B. 649 1 -1 6 15 i treet Setback I / I I �ptic I System I / Area Zoning: R-1 0 Land Use: Re5idential W 22\ 23 45„ N 85o3 — Water Ma,n \N Ex. PUublic Util. ESmt• � / Plantings to N be added to ..5treetyard" meet landscaping \ \ 1 requirements 12G 15.f. ( ' to be 0 renovated for bU51nC55 % 100 offices \ rn 200 5.f.± Addition NN S 02' 1 9'34" W 2.07' 1 I 19 Existmg Gravel / j' 0) Driveway will f be abandoned ' E removed } 20 IN 111 O Utility Notes: I . Existing water service 15 available from CPPUA. Sanitary sewer 15 connected to a private septic system. 2. All utility services, such a5 electric power, CATV, gas * telephone shall be installed underground. 3. Solid waste di5p05al will be by contracted pickup by a private contractor / hauler. N W E S SUMMER 0 TREE LN u' rn SOUTryERN C,, DR U LEHiGH RD i Site 15LE OF PALMS KIAWAH LN Vicinity Map (No Scale) CHIMNEY LN HILL VALLEY WLK h A O r Z A n 3 O BOZEMAN RD SALIENT PT Development Notes: I . All development shall be in accordance with the New Hanover County Zoning Ordinance. 2. Project shall comply with all Federal, State �- New Hanover County re6julation5. Development Data: Tract Area - 15,753 5.f. (0.3G ac.) Proposed Land U5e(5) - 15U51nC55 Office Instructional Services * 5tuclio5 Personal Services Total Building Area - 1 500 5.f.± Max. Building Height - 1 -Story / 18' Parking - (@ 2.5 spaces / 1 000 5.f. GPA) Min. Spaces Recl'd. = 6 " Spaces Prov'd. = 7 " Surface Coverage - Rooftop - 1 ,500 5.f.± New Concrete - 450 5.f.± New Gravel - 2,500 5.f.± Total - 4,450 5.f.± General Notes: I . New Hanover County Parcel Nos.: 3 132 14.42.4808 [PID R08218-003-003-0001 2. Tract Area: 15,753 5.f. (0.36 ac.) 3. Current Zoning District: R- 10 W Proposed District - (CZD) OBI 4. Comprehensive Plan Cla551flcation: Community Mixed -Use II S E Graphic Scale 20 15 10 5 0 10 20 40 N C A R o� P.O. Sox 7221 `�=O ; ��1DSCg1e•. 9i� Prae c No.: 22-44 Owner: Lora GabrioProperty Address: 7 100 Carolina Beach Road Wilvniv�gtov�, NC 284060 _ �p _ sale: Conditional Tel. 910-�20-2374 = � � = 1 " = 20' 7100 Carolina Beach Road Q�\ y�20�� Date: Wilmington, NC 2841 2 e\ —•:v� yr)�;�' 1 0/02/22 D I st r I ct Tidal Realty1� rtners Developer:.............'F Revi5on5: Tidal Realty Partners Concept Plan • \�'�''�i,Th iA A• ��``� I IS I IS Queen Street, Suite 2 10 Desrgl� Sol(iutrov�. Wilmin ton, NC 28401 Commission December 5, 2022 - 9 Harnett Township / New Hanover County / North Carolina oard of C Public Comments In Support Neutral In Opposition Board of Commissioners - December 5, 2022 ITEM: 6 - 10 - 1 From: BARBARA McDonald <bjm228@msn.com> Sent: Tuesday, November 1, 2022 5:01 PM To: Griffee, Julian Subject: 7100 Carolina Beach Rd ** External Email: Do not click links, open attachments, or reply until you know it is safe ** I am writing in response to a letter I received regarding the rezoning of 7100 Carolina Beach Rd. I am very concerned about setting a precedence of mixing residential and commercial zoning in an almost entirely residential zone. There is a commercial building at 6960 Carolina Beach Rd that has been vacant for a long time. There is no indication that there will be any new businesses at that address any time soon. It is an eyesore. I live within the 500 ft radius of 7100 Carolina Beach Rd. I believe that adding a future mix of more commercial property in my area will devalue my home. Thank you for your consideration of my opposition to the rezoning 7100 Carolina Beach Rd from residential to commercial property. Barbara McDonald 8006 Sweetgrass CT Wilmington, NC 28412 Board of Commissioners - December 5, 2022 ITEM: 6 - 11 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 12/5/2022 Regular DEPARTMENT: Governing Body PRESENTER(S): Board Chair CONTACT(S): Kym Crowell, Clerk to the Board SU BJ ECT: Committee Appointments BRIEF SUMMARY: Vacancies exist on the following boards and committees: • New Hanover County Tourism Development Authority STRATEGIC PLAN ALIGNMENT: • Good Governance o Effective County Management ■ Increase transparency and awareness about county actions RECOMMENDED MOTION AND REQUESTED ACTIONS: Make appointments. ATTACHMENTS: New Hanover County Tourism De\.elopment Authority COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Make appointments. COMMISSIONERS' ACTIONS: Natalie English was appointed in the Chamber of Commerce category. Michael "Hap" Fatzinger was reappointed in the Tourist Attraction category. Tom Ullring was reappointed in the Carolina Beach Hotel Owner/Manager category. Board of Commissioners - December 5, 2022 ITEM: 7 COMMITTEE APPOINTMENTS NHC Tourism Development Authority Vacancies: 4 - Only appoint in the following three categories: • Chamber of Commerce • Tourist Attraction • Carolina Beach Hotel Owner/Manager Term: 3 years, expiring 12/31/25 Advertising is ongoing: Kure Beach Hotel Owner/Manager (Term: 3 years, expiring 12/31/25) Eligible For Applicants Category Reappointment Nominations Natalie English* Chamber of Commerce Michael "Hap" Fatzinger Tourist Attraction X Tom Ullring Carolina Beach Hotel X Owner/Manager *NOTE: After an advertising period with no new applications received, existing member is willing to serve an additional term. Attachments: Committee Information Sheet Attendance Records Applications Board of Commissioners - December 5, 2022 ITEM: 7 - 1 - 1 NEW HANOVER COUNTY TOURISM DEVELOPMENT AUTHORITY Number of Members: 15 voting members: 5 ex-officio members and 10 members appointed by the Board of County Commissioners. The five ex-officio members are the Chairman of the Board of County Commissioners, the Mayor of the City of Wilmington, and the Mayors of the Beach towns or whomever they appoint by each elected body. The other ten members are in the following categories and must have experience in promoting travel and tourism: a. Owner/manager of a hotel of 150 rooms or more in the Town of Wrightsville Beach b. Owner/manager of a hotel in the Town of Carolina Beach c. Owner/manager of a hotel in the Town of Kure Beach d. Owner/manager of a hotel of 150 rooms or more in the City of Wilmington e. Owner/manager of a hotel of fewer than 150 rooms in the City of Wilmington f. Owner/manager of a bed and breakfast facility g. Owner/manager of company that manages and rents more than 100 vacation rental properties h. Representative of a tourism attraction i. Representative of the Wilmington Chamber of Commerce j. Owner/manager of a restaurant business Term of Office: 3-years with no one serving more than two consecutive full terms (excluding Chairman of Commissioners and Mayors). Regular Meetings: Fourth or Fifth Wednesday of every other month at 5:30 p.m. at various locations in the county. Statute or cause creating Bureau: On October 3, 2002, through House Bill 1707, the North Carolina General Assembly directed that the New Hanover County Board of Commissioners designate the Cape Fear Coast Convention and Visitors Bureau as a Tourism Development Authority (TDA) to promote travel, tourism, and conventions in New Hanover County, and to administer related tourism expenditures. The TDA shall take effect and come into creation on January 1, 2003, with all those powers, rights and duties set forth in House Bill 1707, Session 2001. The Authority shall hereinafter be known and operated as the New Hanover County Tourism Development Authority d.b.a. Cape Fear Coast Convention and Visitors Bureau. TERM OF OFFICE CURRENT MEMBERS CATEGORY APPOINTMENT EXPIRATION Currently being advertised Kure Beach Hotel TBD 12/31/22 Owner/Manager Zachary Brigman Wilmington Hotel Unexpired 12/20/21 12/31/23 Embassy Suites Wilmington Riverfront (+150) 2017 Perry Avenue Owner/Manager Wilmington, NC 28403 910-520-2305 (C) 910-765-1131 (W) Board of Commissioners - December 5, 2022 ITEM: 7 - 1 - 2 TOURISM DEVELOPMENT AUTHORITY (CONT.) PAGE 2 TERM OF OFFICE CURRENT MEMBERS CATEGORY APPOINTMENT EXPIRATION James Kitts Vacation Rental Unexpired 6/20/22 12/31/23 PO Box 1882 Properties (100+) Carolina Beach, NC 28428 Owner/Manager 910-538-7058 (C) Michael (Hap) Fatzinger Tourist Attraction Unexpired 9/21/20 12/31/22 7031 Cayman Court Wilmington, NC 28405 910-622-4621 (C) -X S� rQS I�Q Natalie H. English Chamber of First 4/17/17 12/31/19 5736 Wisteria Lane Commerce Second 12/16/19 12/31/22 Wilmington, NC 28409 704-968-0956 (C) 910-762-2611(W) )K- besiv s Add l4 1-r-rh/i Nicole Jones Wilmington Hotel Unexpired 11/13/18 12/31/20 302 Dogwood Lane (<_ 150) First 12/7/20 12/31/23 Wilmington, NC 28409 Owner/Manager 910-262-6115 (C) 910-313-0824 (H) 910- 395-8224 (W) Mary Baggett Wrightsville Beach Unexpired 12/31/23 322 Causeway Drive — Unit 919 Hotel 4/19/2021 Wrightsville Beach, NC 28480 Owner/Manager 910-619-1876 (C) 910-256-7101 (W) Ross Pitman Bed & Breakfast Unexpired 8/22/22 12/31/24 118 S 4ch Street Owner/Manager Wilmington, NC 28401 828-808-5209 (H) Angela Rhodes Restaurant First 12/17/12 12/31/15 Catch Modern Seafood Cuisine & Owner/Manager Second 12/14/15 12/31/18 Phun Seafood Bar Third 1/22/19 12/31/21 803 Calico Crossing Fourth 12/20/21 12/31/24 Wilmington, NC 28411 910-777-9551 (C) 910-799-3847 (W) Tom Ullring Carolina Beach First 2/17/20 12/31/22 6521 Settlers Dream Place Hotel Wilmington, NC 28409 Owner/Manager 336-402-6270 (C) 910-458-2030 (W) • re-S 0. pot r4me-in Ex-officio Members: Deb Hays, County Commissioner New Hanover 1/19/21 Undesignated County Commissioner Mayor Lynn Barbee Carolina Beach 12/21 Undesignated r*1 T� Board of Commissioners - December 5, 2022 ITEM: 7 - 1 - 3 TOURISM DEVELOPMENT AUTHORITY (CONT.) PAGE 3 TERM OF OFFICE CURRENT MEMBERS CATEGORY APPOINTMENT EXPIRATION Mayor Craig Bloszinsky Kure Beach 12/17 Undesignated Mayor Bill Saffo City of Wilmington 12/09 Undesignated Mayor Darryl Mills Wrightsville Beach 12/19 Undesignated Eric Credle, Treasurer NHC Chief Finance 7/22 Undesignated Officer Contact: Kim Hufham, President/CEO File:/TDA Wilmington and Beaches CVB Revised: 08/2022 1 Estelle Lee Place, Suite 201 Wilmington, NC 28401 910-341-4030 (W), 910-520-9194 (C), 910-341-4029 (F) Board of Commissioners - December 5, 2022 ITEM: 7 - 1 - 4 o.Q¢0, wa.¢¢0,04 w ¢ N 9;L, 9¢¢ awa.a.w¢aaa.a4 N a. ¢ wwx -cc a. a da UU W. w " a.a,aa.a.a,aao4 a. w a. waaa4a4a w A O z w la' awa4wwaaa P. a I WIN aWIN w ¢" 1411411P., a4 a.NNa.NNNNw w a. WIa 0 0 z :m� u Qo 19 8 Board of Commissioners - December 5, 2022 ITEM: 7 - 1 - 5 LdF A OTC a. 0. w 0, as w w a, waww > a a aa.Wa, aaaw w w a a.a.w a aa.a..a aa.a'W a a o4 a a a,aaa w aw a,a.�aa W a a w aaP.a W A zz U O as aa,awaw w w w a awa w off, w w a.a a.wwaaw a a w aaaw w o n Ail �~• p r N O «: "D k+ ,. b , Board of Commissioners - December 5, 2022 ITEM: 7 - 1 - 6 a 1 aaaaaaaaaa4X134 w w as w w a wa awawp4aa a s a aa PLO 0 �3� w wa aaa.w w w a.aaw a.0.a.a44914wn.wa a a a a a.aa,a w w w P, I", Ilk 11.1 "1 " aa.aa4aap,waa.r=/a a a A °z 0 z O aaaaaaaa.wa a w a, w w wa w aa,aa aaaaaa.aaaaa a s a >� d d 42 c q � 42 N yy •i � y� O w��4 � C � p � 'O,O S +� y •� v x � O b -0fi V � � � � � ~� 1� Qcl fi 04 � ANU Board of Commissioners - December 5, 2022 ITEM: 7 - 1 - 7 �R s f N11111111111111111111 IIn�n11111N11 IIIIIII�IIINIIII IIYIIIIINII�I� I�IIII�JJIS�SAI Board of Commissioners - December 5, 2022 ITEM: 7 - 1 - 8 Long, Melissa From: application@webformsnhcgov.com on behalf of Natalie English <application@webformsnhcgov.com> Sent: Tuesday, November 1, 2022 4:28 PM To: Crowell, Kym; Long, Melissa Subject: Application for New Hanover County Tourism Development Authority ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Board or Committee being applied to: New Hanover County Tourism Development Authority Category business C% �G+' U� C_OWtVYle C'r__ Name Natalie English Email english(a)wilmingtonchamber.org Home Address 4317 Peeble Drive Wilmington, North Carolina 28412 United States Map It Mailing Address (if different from home address) 1 Estell Lee Place Wilmington, North Carolina 28401 United States Map It Home Phone (910)762-2611 Cell Phone (704)968-0956 Business Phone (910)762-2611 Years living in New Hanover County 5.5 Personal information collected below is to assure a cross-section of the community is represented. Gender Female Race Caucasian 1 Board of Commissioners - December 5, 2022 ITEM: 7 - 1 - 9 Age 55 Do you have a family member employed by New Hanover County? No Applicant's Employer Wilmington Chamber of Commerce Occupation CEO Professional Activities Board member, Association of Chamber of Commerce Executives; Board member Carolinas Association of Chamber of Commerce Executives. Volunteer Activities Member, Convention Center Advisory Committee; Board Member, Cape Fear Area United Way Why do you wish to serve on this board or committee? To continue supporting the growth of our tourism industry. What areas of concern would you like to see addressed by this committee? Continued investment in tourism assets. Qualifications for serving: I have been the CEO of the Wilmington Chamber for 5.5 years. I have advocated for the tourism industry at the legislature and with county commissions and city councils in various communities. Other municipal or county boards/committees on which you are serving: City of Wilmington Convention Center Advisory Committee List three local personal references and phone numbers: Reference 1 Neal Andrew Reference 1 Phone (910)202-5555 Reference 2 Deb Hays Reference 2 Phone (910) 232-0505 Reference 3 Megan Mullins Reference 3 Phone (910)762-2611 Date 11 /01 /2022 2 Board of Commissioners - December 5, 2022 ITEM: 7 - 1 - 10 Consent V1 understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. Board of Commissioners - December 5, 2022 ITEM: 7 - 1 - 11 Long, Melissa From: Crowell, Kym Sent: Wednesday, November 9, 2022 8:28 PM To: Long, Melissa Subject: FW: TDA Board appointment Please include this with Natalie's application. Kym 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.NHCgov.com From: Natalie English <english@wilmingtonchamber.org> Sent: Tuesday, November 1, 2022 4:38 PM To: Crowell, Kym <KCrowell@nhcgov.com> Subject: TDA Board appointment ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Hi, Kym. I hope you're well. I just submitted my application to be reappointed to the TDA board. I recognize that, according to the bylaws, I have served my two consecutive terms. Even so, I would like to be considered for continued service. I am well aware of how critical our tourism industry is to our local economy. As CEO of the Chamber, I believe I can continue to support growth and development of the industry and its contributions to our economy. Thank you, in advance, to the commission for this consideration. Natalie Haskins English, CCE President & CEO Wilmington Chamber of Commerce One Estell Lee Place Wilmington, NC 28401 english(cDwilminQtonchamber.org office: 910.762.2611 ext 204 fax: 910.762.9765 @NatalieHEnglish on Twitter Follow us on Facebook, Linkedln, Instagram, or Twitter 1 Board of Commissioners - December 5, 2022 ITEM: 7 - 1 - 12 The Carroll Companies Business Alliance for a Sound Economy Cucalorus as StepUp Wilmington 'a k Y!'1++ - 15 YEAR3 Carolina Marine Terminal, Inc. Poplar Grove Foundation, Inc. Party Suppliers & Rentals 2 Board of Commissioners - December 5, 2022 ITEM: 7 - 1 - 13 Long, Melissa From: application@webformsnhcgov.com on behalf of Michael Hap Fatzinger <application@webformsnhcgov.com> Sent: Wednesday, November 2, 2022 4:57 PM To: Crowell, Kym; Long, Melissa Subject: Application for New Hanover County Tourism Development Authority ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Board or Committee being applied to: New Hanover County Tourism Development Authority Category Attractions Name Michael "Hap" Fatzinger Email hap.fatzinger ncaouariums.com Home Address 7031 Cayman Court Wilmington, North Carolina 28405 United States Map It Mailing Address (if different from home address) United States Map It Home Phone (910)622-4621 Business Phone (910)772-0502 Fax (910) 458-8257 Years living in New Hanover County 26 Personal information collected below is to assure a cross-section of the community is represented. Gender Male Race White Age 1 Board of Commissioners - December 5, 2022 ITEM: 7 - 1 - 14 50 Do you have a family member employed by New Hanover County? No Applicant's Employer North Carolina Aquarium Occupation Director Professional Activities Association of Zoos and Aquariums (AZA) Professional Affiliate AZA Aquarium Affairs Committee AZA Saving Animals from Extinction (Program Leader) AZA Aquatic Collection Sustainability Committee (Chair) AZA Nominating Committee Aquarium Conservation Partnership, Executive Committee Volunteer Activities All of the above are done on a volunteer basis Why do you wish to serve on this board or committee? I would like to continue representing the attractions for New Hanover County on the TDA to ensure representation is accurate and equitable. Qualifications for serving: Have lived in NHC for 26 years Served the aquarium for 26 years Been a director for the NC Aquariums since 2015 Raising two children in NHC Other municipal or county boards/committees on which you are serving: None list three local personal references and phone numbers: Reference 1 Ross Felton Reference 1 Phone (910) 916-1379 Reference 2 Jayna Crittenden Reference 2 Phone (910) 297-3629 Reference 3 Jack Kuske Reference 3 Phone (910)471-4501 Date 2 Board of Commissioners - December 5, 2022 ITEM: 7 - 1 - 15 11 /02/2022 Consent VI understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. 3 Board of Commissioners - December 5, 2022 ITEM: 7 - 1 - 16 NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 Government Center Drive, Suite 175 Wilmington, NC 28403 Telephone (910) 798-7149 FAX (910) 798-7145 Board/Committee: TDA Category (if applicable): Name: Tom Ullring COMMITTEE APPLICATION Cawll k ge�al t HAet bvonU' J Mow, E-Mall- tom.uliring@crestlinehotels.com Home Address: 100 Charlotte Ave Carolina Beach 28409 (Streev (city) Rip Code) Mailing Address K dHferent. (Shvet% (Gty) Rip Code) Home Phone: (910) 458-2614 Fax: Cell: Business: (910) 458-2614 Years living In New Hanover County: 9 Male:_ Female: Race: White (Information for the purpose of assuring a cross -Seaton of the community) Do you have a family member employed by New Hanover County? if yes, name: No Age. 49 Applicant's Employer. Courtyard by Marriott Carolina Beach Oceanfront In accordance wN► Article Vl, Sec. 7 of the New Hanover County Personnel P0*Y,, a person anrently ermphyed by the agency or department for which this must resign hisiber posWw with New Hanover appucis made County upon appointment Furthermore, the applicant should have no immediate /arnlly member empbyad by suchh agency or department Occupation: General Manager Professional Activities: TDA, Pleasure Island Chamber, MAC Committee Carolina Beach Volunteer Activities: KMLC- Kure Beach, Cape Fear Kite Festival, Beach Music Festival, Bands of Ashly High School Why do you wish to serve on this board/ committee? I have enjoyed serving on this committee in the past. I think its a great way to give back to the citeziens of New Hanover County. conflict of hrranst !f a board member believes hwbhe has a conlild or poienthl corrMct of Interest on a peftular lamas, that member should state thh belief to the other members of hlsMer reaper ttive board during a public meet6p. The member should state the nature of the conrYet detaft that hat he has a separate, private or monetary interest sAhsr direct or Indirect In the Issue under cmaiderebm. The member should then excuse hkns&Vmrealf hom voNno on the math What areas of concern would you like to see addressed by this committee? Qual f/cadons for serving: The TDAs involvement in bring visitors to New Hanover County and the tax saving to New Hanover County residence. Served on the TDA Board 2020, 2021 and 2022. Other municipal or county boaraWcommittess on which you are serving: MAC- Carolina Beach, New Hanover County TDA D Ust three local personal references and phone numbers: 1. Amy Johnson 910-470-2710 z Lynn Barbee - 919-395-6114 3. Lee Ann Tluchowski 910-547-4628 NOV 1 1 2022 Commissioners OMm Date: //—/f Signature Applica8ons are kept on Me for 18 months 1 understand that y board or committee appolhtee may be removed without cause by a mailodly of County CorrwnisWwws. Please use reverse side for additional comgl c>-of Commissioners - December 5, 2022 ITEM: 7 - 1 - 17