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Agenda 2023 01-09NEW HANOVER COUNTY BOARD OF COMMISSIONERS AGENDA Assembly Room, New Hanover County Historic Courthouse 24 North Third 5treeL Room 301, Wilmington, NC 28401 Bill Rivenbark, Chair I LeAnn Pierce, Vice -Chair Jonathan Barfield, jr.. Commissioner I Deb Hays, Commissioner I Rob Zapple, Commissioner Chris Coudrlat County Manager I Wanda Copleyr County Attorney I Kym Crowell, Clerk to the Board JANUARY 9, 2023 4:00 PM MEETING CALLED TO ORDER (Chair Bill Rivenbark) INVOCATION (Pastor Eddie Eaton, Wrightsboro Baptist Church) PLEDGE OF ALLEGIANCE (Commissioner Deb Hays) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Appointment of Board of Director for New Hanover County Financing Corporation 3. Adoption of Resolution and Associated Budget Amendment to Accept Donation of Two Activity Buses from New Hanover County Schools 4. NOTE: Withdrawn by the Sheriff's Office Adoption of a Resolution for Award of Bid for the Purchase of (1) Rapid DNA Analysis System with Accessories and Software to Thermo Fisher Scientific in the Amount of $159,000.95. 5. Approval of Lease Agreement with The Healing Place of New Hanover County, I nc. 6. Approval of Reallocation of Capital Fund Expenditures by New Hanover County Schools 7. Approval of October 2022 Tax Collection Reports 8. Approval of November 2022 Tax Collection Reports ESTIMATED MINUTES REGULAR AGENDA ITEMS OF BUSINESS 5 9. Consideration of Adoption of the Code of Ethics for the Current Board Members and Adoption of Amended Rules of Procedure for Meetings of the New Hanover County Board of Commissioners Manual 5 10. Consideration of Appointments of County Commissioners to Various Boards and Committees for 2023 10 11. Wilmington Housing Authority Remediation Update 10 12. Presentation of the Audit Report for the Fiscal Year Ended 6/30/22 10 13. Consideration of a Resolution to Establish Criteria for Determining when the Design -Build Delivery Method is Appropriate for County Construction Projects Board of Commissioners - January 9, 2023 10 14. Consideration of a Budget Amendment and Award of Contract for the Leachate Membrane Bioreactor Replacement Capital Project 45 15. Public Hearing - NOTE: A request to withdraw this item has been received. Rezoning Request (Z22-18) - Request by Cindee Wolf with Design Solutions, applicant, on behalf of Giovanni I ppolito and Tanya Vlacancich, property owners, to rezone approximately 4.65 acres of land located at 6634 Carolina Beach Road from R-15, Residential to (CZD) RMF-M, Residential Multi -Family - Moderate Density for a multi -family development. 45 16. Public Hearing Rezoning Request (Z22-21) - Request by Paramounte Engineering, applicant, on behalf of the Cornelius E Nixon Revocable Trust, Cornelius Nixon Trust, and Nixon Associates, LLC, property owners, to rezone four parcels totaling approximately 9.75 acres of land located at 7011 Ruth Avenue from B-2, Regional Business and R-15, Residential to (CZD) RMF-M, Residential Multi - Family — Moderate Density for a multi -family development. 45 17. Public Hearing Rezoning Request (Z22-22) - Request by Samuel Franck with Ward and Smith, P.A., applicant, on behalf of Wilmington Development Group, Inc, property owner, to rezone approximately 7.63 acres of land located at 147 Brentwood Drive from R-15, Residential to (CZD) R-5, Residential for a quadraplex and triplex residential development. 45 18. Public Hearing Rezoning Request (Z18-02M) - Request by Cindee Wolf with Design Solutions, applicant, on behalf of Bailey & Fuller Properties, LLC, property owner, to modify the CZD zoning of two parcels totaling approximately 3.44 acres of land located at 7887 Market Street from (CZD) B-2, Regional Business and O&I, Office and Institutional to (CZD) B-2, Regional Business. PUBLIC COMMENTS ON NON -AGENDA ITEMS (limit three minutes) ESTI MATED MINUTES ADDITIONAL AGENDA ITEMS OF BUSINESS 19. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 20. 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. Board of Commissioners - January 9, 2023 Vision A vibrant, prosperous, diverse coastal community committed to building a sustainable future for future generations. Core Values Professionalism - Equity- Integrity - Innovation - Stewardship - Accountability Board of Commissioners - January 9, 2023 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/9/2023 Consent DEPARTMENT: Governing Body PRESENTER(S): Kym Crowell, Clerk to the Board CONTACT(S): Kym Crowell SU BJ ECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the following meetings: Special Meeting held on December 5, 2022 Regular Meeting held on December 5, 2022 STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - January 9, 2023 ITEM: 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/9/2023 Consent DEPARTMENT: C o u nty Atto rney PRESENTER(S): Wanda Copley, New Hanover County Attorney CONTACT(S): Wanda Copley SU BJ ECT: Appointment of Board of Director for New Hanover County Financing Corporation BRIEF SUMMARY: At its February 7, 2022 meeting, the Board of County Commissioners appointed Chris Coudriet and Lisa Wurtzbacher as directors of the New Hanover County Financing Corporation. The term for each director is three (3) years or until death, resignation, retirement, removal, disqualification, or his/her successor is elected and qualified. The New Hanover County Financing Corporation was formed under the North Carolina Non-profit Corporation Act, to among other things, assist the county in the financing of the purchase of real property, the construction of essential improvements, and the purchase of essential personal property. It has been the practice of the county that the Chief Financial Officer serve as a director on this board. In May 2022, Lisa Wurtzbacher was promoted to Assistant County Manager and Eric Credle was hired to replace her as the county's Chief Financial Officer. It is therefore recommended that Eric Credle be appointed to fulfill the remainder of Ms. Wurtzbacher's three-year term, which expires in December 2025. STRATEGIC PLAN ALIGNMENT: • Good Governance o Effective County Management ■ Increase transparency and awareness about county actions RECOMMENDED MOTION AND REQUESTED ACTIONS: Appoint Eric Credle to fulfil the remainder of Lisa Wurtzbacher's term as New Hanover County Financing Corporation Director. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - January 9, 2023 ITEM: 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/9/2023 Consent DEPARTMENT: Sheriff PRESENTER(S): Chief Deputy Ken Sarvis CONTACT(S): Chief Deputy Ken Sarvis SU BJ ECT: Adoption of Resolution and Associated Budget Amendment to Accept Donation of Two Activity Buses from New Hanover County Schools BRIEF SUMMARY: New Hanover County Schools has offered a donation of two activity buses to the New Hanover County Sheriff's Office. The buses can be used for various events such as a mass external evacuation of the Detention Facility during an emergency situation or transporting the Civil Disturbance U nit when responding to civil unrest in the area. • 8023 BUS, ACTIVITY BUS a VIN:IHVBDACN2RH576790 a DATE ACQUIRED: 1994-04-01 a VALUE: $38,934.85 • 8024 BUS, ACTIVITY BUS a VIN:IHVBDACN4RH576791 a DATE ACQUIRED: 1994-04-01 o VALUE: $38,934.85 STRATEGIC PLAN ALIGNMENT: Good Governance o Effective County Management ■ Increase transparency and awareness about county actions RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt resolution and associated budget amendment #23-041 to accept the two buses donated to the Sheriff's Office by New Hanover County Schools. ATTACHMENTS: Resolution for Donation Budget Amendment 23-041 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Board of Commissioners - January 9, 2023 ITEM: 3 Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - January 9, 2023 ITEM: 3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION ACCEPTANCE OF TWO ACTIVITY BUSES FROM NEW HANOVER COUNTY SCHOOLS WHEREAS, New Hanover County Schools have offered to donate to New Hanover County Sheriff's Office two activity buses with an approximate value totaling $77,869.70 for both buses: • 8023 BUS, ACTIVITY BUS • VIN:IHVBDACN2RH576790 • DATE ACQUIRED: 1994-04-01 • VALUE: $38,934.85 • 8024 BUS, ACTIVITY BUS • VIN:IHVBDACN4RH576791 • DATE ACQUIRED: 1994-04-01 • VALUE: $38,934.85; and WHEREAS, the New Hanover County Sheriff's Office would like to accept this donation of two buses to assist with various emergency situations such as a mass external evacuation of the Detention Center Facility during an emergency situation or providing transportation to members of the Civil Disturbance Unit when responding to civil unrest; and WHEREAS a budget amendment for accounting purposes only is required to record the value of the donations and said budget amendment is attached as part of this resolution. NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that the items named above are accepted, the budget amendment and resolution are adopted, and county staff is directed to process any required documents to finalize the transaction. ADOPTED this the 91h day of January, 2023. NEW HANOVER COUNTY William E. Rivenbark, Chair rrAM1211111 Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - January 9, 2023 ITEM: 3 - 1 - 1 AGENDA: January 9, 2023 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2023 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2023. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health & Safety Strategic Objective(s): Sustain the community capacity to prepare for and respond to public safety demands Fund: General Department: Sheriffs OfficeNehicle Management Expenditure: Decrease Increase Total BA 23-041 Ca tial Outlay -Motor Vehicles $ 77,869 $ 77,869 Total $ - $ 77,869 $ 77,869 Revenue: Decrease Increase Total BA 23-041 Contribution $ 77,869 $ 77,869 Total $ - $ 77,869 $ 77,869 Prior to Total if Actions Actions Tod a Taken Departmental Budget $ 5,917,725 $ 5,995,594 Section 2: Explanation BA 23-041 will budget the donation of two activity buses from New Hanover County Schools to the Sheriffs Office. The buses will be used for various events such as mass external evacuation of the Detention Facility during an emergency situation, and transporting the Civil Disturbance Unit when responding to civil unrest in the area. This budget amendment is for accountine puraoses 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) 23-041 amending the annual budget ordinance for the fiscal year ending June 30, 2023, is adopted. Adopted, this 9th day of January, 2023. (SEAL) William E. Rivenbark, Chairman ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - January 9, 2023 ITEM: 3 - 2 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/9/2023 Consent DEPARTMENT: Sheriff PRESENTER(S): Chief Deputy K.W. Sarvis CONTACT(S): Lt. Lauren Carroll SU BJ ECT: NOTE: Withdrawn by the Sheriff's Office Adoption of a Resolution for Award of Bid for the Purchase of (1) Rapid DNA Analysis System with Accessories and Software to Thermo Fisher Scientific in the Amount of $159,000.95. BRIEF SUMMARY: Rapid DNA analysis is a term used to describe the fully automated (hands free) process of developing a DNA profile from a sample swab without human intervention. Implementing this technology will allow law enforcement to better focus their investigations as well as identify subjects of interest in real-time. This instrument will be used in the field to test DNA. Pursuant to NCGS 143-129, sealed bids were received on Tuesday, November 22, 2022. Due to the use of Federal funding, a minimum of two bids were required. Bids were not opened due to only receiving one bid. This solicitation was re -advertised, and sealed bids were received on Wednesday, November 30, 2022. Only one bid was received in response to the solicitation. The bid was opened due to the fact that an award could be made regardless of the number of bids received when in response to a re -advertisement. Thermo Fisher Scientific was the only bidder in the amount of $159,000.95. STRATEGIC PLAN ALIGNMENT: • Good Governance o Effective County Management ■ Increase transparency and awareness about county actions RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend adoption of the resolution to award the bid to Thermo Fisher Scientific in the amount of $159,000.95 for the purchase of one (1) Rapid DNA Analysis System using Federal funding. ATTACHMENTS: Resolution Bid Summary COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Board of Commissioners - January 9, 2023 ITEM: 4 Recommend approval. COMMISSIONERS' ACTIONS: The item was withdrawn by the Sheriff s Office, Board of Commissioners - January 9, 2023 ITEM: 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION AWARD BID TO THERMO FISHER SCIENTIFIC FOR THE PURCHASE OF ONE (1) RAPID DNA ANALYSIS SYSTEM WHEREAS, New Hanover County Sherriff's Office issued a solicitation to purchase one (1) Rapid DNA Analysis System; and WHEREAS, due to the funding source, a minimum of two (2) bids were required. However, only one (1) bid was received, requiring a rebid; and WHEREAS, following a rebid, only one bid was received from Thermo Fisher Scientific in the amount of $159,000.95; and WHEREAS, following a rebid, the bid can be awarded regardless of the number of bids received; and WHEREAS, Thermo Fisher Scientific, the lowest responsive, responsible bidder is being recommended for award of bid; and WHEREAS, the purchase is funded by a grant from Byrne Discretionary Community Project Funding/Byrne Discretionary Grants Program. NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that the award of bid to Thermo Fisher Scientific for the purchase of one (1) Rapid DNA Analysis System in the amount of $159,00.95 is approved. ADOPTED this the 91" day of January, 2023. NEW HANOVER COUNTY William E. Rivenbark, Chair r_rIM125 Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - January 9, 2023 ITEM: 4 - 1 - 1 r- nr k IxnrarC<ucn VENDOR NAME: VENDOR NAME: VENDOR NAME: VENDOR NAME: VENDOR NAME: THERMO FISHER SCIENTIFIC Phone #: Phone #: Phone #: Phone #: Phone #: 760-795 7720 CONTACT PERSON: CONTACT PERSON: CONTACT PERSON: CONTACT PERSON: CONTACT PERSON: ITEM -DESCRIPTION Patricia Trigueiro RAPID KNA ANALYSIS INSTRUMENT $117,000.00 TYPING KIT $0.00 CARTRIDGES $23,400.00 SOFTWARE SYSTEM $7,300.00 SHIPPING $97.95 OTHER CHARGES $11,016.00 TOTAL COST $159,000.95 Sheriff's Office PERSON RECEIVING BIDS Lena Butler, Purchasing Supervisor DATE COMPLETED 11/30/2022 Board of Commissioners - January 9, 2023 ITEM: 4 - 2 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/9/2023 Consent DEPARTMENT: Finance PRESENTER(S): Eric Credle, Chief Financial Officer CONTACT(S): Eric Credle SU BJ ECT: Approval of Lease Agreement with The Healing Place of New Hanover County, Inc. BRIEF SUMMARY: In 2018, Trillium Health Resources transferred an 8.71-acre tract on Medical Center Drive to New Hanover County for the purpose of creating a facility to provide for alcohol and opioid recovery. In August 2020, the board voted to contract with The Healing Place, Louisville, KY, to operate such a facility. In December 2020, the board approved an expenditure of approximately $25 million to construct a facility suitable for 200 beds, with five one-story buildings, including a detox center, men's and women's residential facilities, a dining facility and an administrative/educational building. The construction of the facility is nearly complete and The Healing Place of New Hanover County, Inc. is expected to open its doors for operations within weeks. Management of The Healing Place would like to occupy the building as soon as possible and prior to opening, so that they can finalize preparations for accepting patients. Accordingly, it is proposed that the county and The Healing Place enter into a lease of the property. A full draft of the lease agreement is attached for review, with significant terms including: • A term of nine and one-half years, from January 10, 2023 to July 10, 2032. • Annual lease payments of $1.00 per year. • The property is required to be used as a residential substance abuse treatment center. • Subsequent to any costs associated with initial installation which will be paid by the county, The Healing Place will be responsible for all recurring usage -related fees for utilities and other similar operating expenses such as internet, phone, trash collection, recycling, landscaping, security, and ongoing maintenance. • The county will be responsible for major repairs, replacements and other capital expenditures. • A without cause, termination for convenience provision is effective upon 270 days prior written notice. STRATEGIC PLAN ALIGNMENT: • Superior Public Health & Safety o Prevent and reduce opioid abuse ■ Increase access to comprehensive Substance Use Disorder (SUD) treatment RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend approval and authorization to enter into a lease between New Hanover County and The Healing Place of New Hanover County. Board of Commissioners - January 9, 2023 ITEM: 5 ATTACHMENTS: Lease Agreement COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - January 9, 2023 ITEM: 5 New Hanover County Contract # STATE OF NORTH CAROLINA LEASE AGREEMENT COUNTY OF NEW HANOVER THIS LEASE AGREEMENT made and entered in this 9th day of January 2023 by and between the COUNTY OF NEW HANOVER, hereinafter referred to as the "COUNTY," and the THE HEALING PLACE OF NEW HANOVER COUNTY, INC., a North Carolina non-profit corporation, hereinafter referred to as the "LESSEE." WITNESSETH: WHEREAS, the COUNTY owns property located at the parcel address 1000 Medical Center Drive, Wilmington, North Carolina 28401 with a parcel ID of R06018-003- 047-000 (the "Premises"); WHEREAS, the LESSEE has a requested the execution of this instrument for the purpose of operating a residential substance abuse treatment center at the Premises; WHEREAS, the parties hereto have mutually agreed to the terms of this Lease Agreement (this "Agreement" or this "Lease") as hereinafter set out. NOW, THEREFORE, in consideration of the promises and covenants contained in the terms and conditions hereinafter set forth, the COUNTY does hereby lease unto the LESSEE for and during the term and under the terms and conditions hereinafter set forth, the Premises and improvements with all rights, privileges and appurtenances thereto belonging, lying and being in the County of New Hanover, North Carolina. 1. TERM. This LEASE shall commence on the 10t" day of January 2023, and unless sooner terminated or extended as hereinafter provided, shall exist and continue for a term of nine and one-half years until July 10, 2032. 2. PAYMENT: As full payment for the lease of the Premises heretofore described, the LESSEE agrees to pay an annual sum of one ($1.00) Dollar. Such payment shall be made to the New Hanover County Finance Office, 230 Government Center Drive, Suite 165, Wilmington, North Carolina, 28403. 3. USE. The LESSEE will use the Premises only for the purpose of providing services related to a residential substance abuse treatment center and for uses ancillary to such purpose and will not use the Premises for any other purpose without the written consent of the COUNTY. 4. ASSIGNMENT OR SUB -LEASE. The LESSEE shall not assign or sublet this Agreement without the written consent of the COUNTY. Page 1 of 7 Acct Board of Commissioners - January 9, 2023 ITEM: 5 - 1 - 1 New Hanover County Contract # 5. INDEMNITY. To the extent permissible by law, LESSEE, its successors and assigns, shall indemnify and hold COUNTY, its officers, officials, agents and employees, harmless against and any all claims, demands, causes of action, or other liability, including attorney fees, on account of contract or personal injuries or death or on account of property damages arising out of or relating to the Premises resulting from the negligence of or the willful act or omission of LESSEE, its officers, officials, agents, and employees. To the extent permissible by law, COUNTY, its successors and assigns, shall indemnify and hold LESSEE, its officers, officials, agents and employees, harmless against and any all claims, demands, causes of action, or other liability, including attorney fees, on account of contract or personal injuries or death or on account of property damages arising out of or relating to the Premises resulting from the negligence of or the willful act or omission of COUNTY, its officers, officials, agents, and employees. 6. UTILITIES AND OTHER OPERATING EXPENSES. COUNTY shall pay for initial installation of all utility lines, payment of any applicable utility hook-up charges, and any needed repair and replacement of utility lines and related equipment in preparation for the initial use of the utilities. The LESSEE shall be responsible for all recurring usage -related fees for utilities (electricity, natural gas, water, sewer) related to use of the Premises, as well as, and not limited to, internet, phone, trash collection, recycling, landscaping, security, and ongoing maintenance and routine upkeep. 7. ALTERATIONS AND PARTITIONS. The LESSEE may make reasonable alterations and partitions to the Premises and on or within the building of the Premises to enhance its suitability for the uses contemplated in this Agreement, provided that prior written approval of plans for such alterations and partitions shall be obtained from the COUNTY, which shall not unreasonably withhold such approval. 8. PERSONAL PROPERTY AND IMPROVEMENTS. Any additions, fixtures, or improvements placed or made by the LESSEE in or upon the leased premises, which are permanently affixed to the Premises and which cannot be removed without unreasonable and irreparable damage to said premises, shall become the property of the COUNTY and remain upon the premises as a part thereof upon the termination of this lease. All other additions, fixtures, or improvements, to include trade fixtures, office furniture and equipment, and similar items, which can be removed without irreparable damage to the leased premises shall be and remain the property of the LESSEE and may be removed from the leased premises by the LESSEE upon the termination of this lease, provided that the LESSEE shall bear the expense of any repairs to the leased premises for damages, other than fair wear and tear, caused by such removal. All personal property, including furniture, Page 2 of 7 Acd Board of Commissioners - January 9, 2023 ITEM: 5 - 1 - 2 New Hanover County Contract # fixtures and equipment, and additions purchased and placed in or at the Premises by the COUNTY shall remain the property of the COUNTY. 9. MAINTENANCE. The LESSEE is responsible for all general maintenance. LESSEE agrees that it will, during the term of this Agreement, maintain and keep its facilities in a safe, workable, clean and sanitary condition, and in good repair in general conformity with manufacturer specifications. LESSEE agrees to furnish its own janitor service and safeguard all installed equipment in respect to the buildings. 10. MAJOR REPAIRS. The COUNTY shall be responsible for major repairs, replacements and other capital expenditures, including restoration after any casualty loss 11. TERMINATION. a. If the LESSEE shall fail to pay any installment of rent when due and payable as heretofore provided or fail to perform any of the terms and conditions heretofore set forth and shall continue in such default for a period of thirty (30) days after written notice of default, the COUNTY, at is option, may terminate this Agreement and take possession of the Leased Premises without prejudice to any other remedies provided by law. b. If the COUNTY shall fail to perform any of the terms or conditions heretofore set forth and shall continue in such default, for a period of thirty (30) days after written notice of default, the LESSEE, at its option, may terminate this Agreement and vacate the Leased Premises without further obligation to pay rent as heretofore provided from date of said termination, without prejudice to any other remedies provided by law. c. Termination for Convenience. Either party may terminate this Agreement at any time and without cause upon two hundred and seventy days (270) days written notification to the other of its intent to terminate. 12. INSURANCE. The following insurance shall provide coverage against claims for injuries to persons or damages to property which may arise from operations or in connection with the performance of the work hereunder by the LESSEE, its officers, officials, agents, and employees, whether such operations by itself or anyone directly or indirectly employed by it. Commercial General Liability: Page 3 of 7 Acd Board of Commissioners - January 9, 2023 ITEM: 5 - 1 - 3 New Hanover County Contract # a. LESSEE 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 each occurrence for bodily injury and property damage. If such CGL insurance contains a general aggregate limit, it shall apply separately to this project/location or the general aggregate shall be twice the required limit. b. CGL insurance shall be written on Insurance Services Office (ISO) "occurrence" form CG 00 01 covering CGL or its equivalent and shall cover the liability arising from premises, operations, independent contractors, products -completed operations, personal and advertising injury, and liability assumed under an insured contract including the tort liability of another assumed in a business contract. c. COUNTY, its officers, officials, agents, and employees are to be covered as additional insureds under the CGL by endorsement CG 20 10 11 85 or CG 20 10 10 93 AND CG 20 37 10 01 or CG 20 37 10 01 or an endorsement providing equivalent coverage as respects to liability arising out of activities performed by or on behalf of the LESSEE; products and completed operations of the LESSEE; premises owned, leased or used by the LESSEE; and under the commercial umbrella, if any. The coverage shall contain no special limitations on the scope of protection afforded to COUNTY, its officers, officials, agents, and employees. d. LESSEE's CGL insurance shall be primary as to respects to COUNTY, its officers, officials, agents, and employees. Any other insurance or self-insurance maintained by COUNTY, its officers, officials, agents, and employees shall be in excess of and shall not contribute to LESSEE's insurance. Workers' Compensation and Employer's Liability: a. LESSEE shall maintain Workers' Compensation as required by the general statutes of the State of North Carolina and Employer's Liability Insurance. b. The Employer's Liability, and if necessary, CUL insurance shall not be less than $1,000,000 each accident for bodily injury by accident, $1,000,000 each employee for bodily injury by disease, and $1,000,000 policy limit. Page 4 of 7 Acct Board of Commissioners - January 9, 2023 ITEM: 5 - 1 - 4 New Hanover County Contract # c. The insurer shall agree to waive all rights of subrogation against COUNTY, its officers, officials, and employees for losses arising from work performed by the LESSEE for COUNTY. Business Auto Liability: a. LESSEE shall maintain Business Auto Liability and, if necessary, CUL insurance with a limit of not less than $1,000,000 each accident. b. Such insurance shall cover liability arising out of any auto, including owned, hired, and non -owned autos. c. Business Auto coverage shall be written on ISO form CA 00 01, or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage equivalent to that provided in ISO form CA 00 01. d. The LESSEE's Business Auto Liability insurance shall be primary as to respects to COUNTY, its officers, officials, agents, and employees. Any other insurance or self-insurance maintained by COUNTY, its officers, officials, agents, and employees shall be in excess of and shall not contribute to the LESSEE's insurance. Premises: COUNTY shall at all times during the Term carry, at its own expense, a policy of insurance which insures the Premises, including the COUNTY -owned furniture, equipment and other contents in or at the Premises, and the improvements thereon against loss or damage by fire or other casualty (namely, the perils against which insurance is afforded by a standard fire insurance policy and extended coverage endorsement). Any contents added and owned by LESSEE shall be insured by LESSEE. 13. NOTICE. All notices required hereunder to be sent to either party shall be sent to the following designated addresses, or to such other address or addresses as may hereafter be designated by either party by mailing of written notice of such change of address, by Certified Mail, Return Receipt Requested: To County: New Hanover County Manager Office Attn: Tufanna Bradley, Assistant County Manager 230 Government Center Drive Page 5 of 7 Acct Board of Commissioners - January 9, 2023 ITEM: 5 - 1 - 5 New Hanover County Contract # Wilmington, NC 28403 To Lessee: The Healing Place of New Hanover County, Inc. Attn: Executive Director 1000 Medical Center Drive Wilmington, North Carolina 28401 14. E-Verify Compliance. Pursuant to N.C.G.S 143-133.3, LESSEE shall fully comply with the U.S. Department of Homeland Security employee legal status E-Verify requirements for itself and all subcontractors. Violation of this provision, unless timely cured, shall constitute a breach of contract. IN TESTIMONY WHEREOF, the COUNTY and LESSEE have caused this instrument to be executed in duplicate originals by their duly authorized officials, the day and year first written above. NEW HANOVER COUNTY (SEAL) Assistant County Manager ATTEST: Kymberleigh G. Crowell, Clerk This instrument has been pre - audited in the manner required by the Local Government Budget and Fiscal Control Act. Approved as to form: County Finance Officer County Attorney (SEAL) The Healing Place of New Hanover County, Inc. Page 6 of 7 Acd Board of Commissioners - January 9, 2023 ITEM: 5 - 1 - 6 ATTEST: Secretary STATE OF COUNTY OF I, , a aforesaid, certify that that (s)he is Executive Director for The that by authority duly given, by its Executive Director. New Hanover County Contract # Executive Director Notary Public in and for the State and County came before me this day and acknowledged Healing Place of New Hanover County, Inc., and the foregoing instrument was signed and sealed in its name Witness my hand and official seal, this the day of Notary Public My Commission Expires: , 2022. [Rest of page intentionally blank. New Hanover County digital signature page attached hereto after Exhibit A and incorporated herein by reference.] Page 7 of 7 Acct Board of Commissioners - January 9, 2023 ITEM: 5 - 1 - 7 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/9/2023 Consent DEPARTMENT: Finance PRESENTER(S): Eric Credle, Chief Financial Officer CONTACT(S): Eric Credle SU BJ ECT: Approval of Reallocation of Capital Fund Expenditures by New Hanover County Schools BRIEF SUMMARY: The Board of Education requests approval to reallocate funds among capital projects, with no change in total capital outlay. Specifically, it is requested that $44,500 in savings from its completed Forest Hills Portico project be reallocated to the Holly Shelter Paved Play Area project, which had been put on hold due to contractor bids exceeding the project budget. This reallocation is expected to be sufficient to complete that project. STRATEGIC PLAN ALIGNMENT: • Good Governance o Effective County Management ■ Increase transparency and awareness about county actions RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the capital projects transfer requested by the New Hanover County Schools. ATTACHMENTS: Letter from New Hano\,er County Schools dated December 15, 2022 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - January 9, 2023 ITEM: 6 NEW HANOVER COUNTY SCHOOLS Dr. Charles Foust Superintendent December 15, 2022 New Hanover County Board of Commissioners Bill Rivenbark, Chair LeAnn Pierce, Vice -Chair Jonathan Barfield, Commissioner Deb Hays, Commissioner Rob Zapple, Commissioner Dear Commissioners & Mr. Coudriet: Ashley Sutton Chief Financial Officer Board of Education approved the capital project transfer below at the December 6th regular board meeting. Capital Project Transfer Forest Hills Portico has been fully replaced and the project is complete. The scope of work originally planned for the campus was accomplished for an amount that was less than the initial construction cost estimate used for budgeting. Transfer Forest Hills Portico Replacement project (#96271) savings in the amount of $44,500 to the Holly Shelter Paved Play Area project (#90472). Holly Shelter Paved Play Area project was approved in fiscal year 2022. However, the project was placed on hold due to the bids exceeding the project budget estimate. This project can be completed with this additional funding. Sincerely, A&)"l 15�� Ashley Sutton, Chief Financial Officer Board of Commissioners - January 9, 2023 ITEM: 6 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/9/2023 Consent DEPARTMENT: Tax PRESENTER(S): Allison Snell, Tax Administrator CONTACT(S): Trina Baxley, Collections Supervisor SU BJ ECT: Approval of October 2022 Tax Collection Reports BRIEF SUMMARY: NCGS 105-350 requires the Tax Collector to submit a report showing the amount of taxes collected. Overall collection percentages for October 2022 are behind of overall collections for October 2021. The report for October 2022 in comparison to October 2021 is as follows: New Hanover County I October 2022 October 2021 Real Property 21.83% 23.59% Personal Property 23.36% 21.33% Motor Vehicle 100.00% 100.00% Overall Collection Rate 23.69% 25.13% Total Collected YTD $47,543,144.20 $50,621,664.31 New Hanover County October 2022 October 2021 Debt Service Real Property 21.81% 23.56% Personal Property 23.59% 21.31% Motor Vehicle 100.00% 100.00% Overall Collection Rate 24.08/0 25.39% Total Collected YTD $3,698,375.31 $5,313,798.61 Grand Total Collected YTD $51,241,519.51 $55,935,462.92 October 2022 October 2021 New Hanover County Fire District Real Property 21.48% 23.95% Personal Property 24.62% 22.22% Motor Vehicle 100.00% 100.00% Overall Collection Rate 23.90% 25.87% Total Collected YTD $3,152,041.41 $3,316,547.66 STRATEGIC PLAN ALIGNMENT: Board of Commissioners - January 9, 2023 ITEM: 7 • Good Governance o Strong Financial Performance ■ Proactively manage the county budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the reports. ATTACHMENTS: New Hano\,er County Monthly Collection Report for October 2022 New Hano\,er County Debt Senrice Monthly Collection Report for October 2022 New Hanover County Fire District Monthly Collection Report for October 2022 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - January 9, 2023 ITEM: 7 New Hanover County Monthly Collection Report for October 2022 Current Year 2022-2023 Scroll/Billed Abatements Adjustments Real Estate Personal Property Motor Vehicles Combined $ 182,906,160.18 $ (278,975.21) $ 31,724.25 $ 13,415,467.50 $ (113,548.81) $ 2,701.36 $ 4,514,579.46 $ $ $ 200,836,207.14 $ (392,524.02) $ 34,425.61 Total Taxes Charged Collections to Date *Refunds Write-off $ $ $ $ 182,658,909.22 39,968,133.79 89,187.02 (14.95) $ $ $ $ 13,304,620.05 3,130,002.26 22,141.86 (9.08) $ $ $ $ 4,514,579.46 4,514,579.46 $ 200,478,108.73 $ 47,612,715.51 $ 111,328.88 $ (24.03) Outstanding Balance $ 142,779,977.40 $ 10,196,768.73 $ $ 152,976,746.13 Collection Percentage 21.83 23.36 100.00 23.69 YTD Interest Collected $ 1,914.07 $ - $ 39,843.50 $ 41,757.57 Total 2022-2023 Collections YTD Prior Years 2012-2021 47,543,144.20 Real Estate Personal Property Motor Vehicles Combined Scroll $ 1,532,709.38 $ 4,696,018.59 $ 242,477.60 $ 6,471,205.57 Abatements $ (135,498.85) $ (130,601.58) $ - $ (266,100.43) Adjustments $ - $ 3,048.32 $ - $ 3,048.32 Total Levy $ 1,397,210.53 $ 4,568,465.33 $ 242,477.60 $ 6,208,153.46 Collections to Date $ 214,023.80 $ 137,633.11 $ 282.37 $ 351,939.28 *Refunds $ 22,458.83 $ 5,585.92 $ - $ 28,044.75 Write-off $ 70.36 $ 45.94 $ 2.07 $ 118.37 Outstanding Balance $ 1,205,575.20 $ 4,436,372.20 $ 242,193.16 $ 5,884,377.30 YTD Interest Collected $ 37,731.55 $ 35,906.90 $ 385.53 $ 74,023.98 Total Prior Year Collections YTD 397,918.51 Grand Total All Collections YTD $ 47,941,062.71 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - January 9, 2023 ITEM: 7 - 1 - 1 New Hanover County Debt Service Monthly Collection Report for October 2022 Current Year 2022-2023 Real Estate Personal Property Motor Vehicles Combined Scroll/Billed $ 13,893,173.97 $ 1,062,163.23 $ 420,914.78 $ 15,376,251.98 Abatements $ (30,093.39) $ (8,763.94) $ - $ (38,857.33) Adjustments $ 2,408.02 $ 211.99 $ - $ 2,620.01 Total Taxes Charged $ 13,865,488.60 $ 1,053,611.28 $ 420,914.78 $ 15,340,014.66 Collections to Date $ 3,024,474.14 $ 248,584.33 $ 420,914.78 $ 3,693,973.25 *Refunds $ 13.68 $ - $ 13.68 Write-off $ 1.07 $ 0.60 $ 1.67 Outstanding Balance $ 10,841,027.07 $ 805,026.35 $ - $ 11,646,053.42 Collection Percentage 21.81 23.59 100.00 24.08 YTD Interest Collected $ 244.91 $ - $ 4,170.83 $ 4,415.74 Total 2022-2023 Collections YTD $ 3,698,375.31 Prior Years 2012-2021 Real Estate Personal Property Motor Vehicles Combined Scroll $ 158,748.41 $ 367,453.51 $ $ 526,201.92 Abatements $ (12,069.48) $ (11,556.83) $ (23,626.31) Adjustments $ - $ 315.88 $ 315.88 Total Levy $ 146,678.93 $ 356,212.56 $ $ 502,891.49 Collections to Date $ 23,506.74 $ 16,524.30 $ $ 40,031.04 *Refunds $ 1,433.79 $ - $ $ 1,433.79 Write-off $ 9.10 $ 6.04 $ $ 15.14 Outstanding Balance $ 124,596.88 $ 339,682.22 $ $ 464,309.38 YTD Interest Collected $ 3,883.13 $ 4,513.21 $ $ 8,396.34 Total Prior Year Collections YTD 46,993.59 Grand Total All Collections YTD $ 3,745,368.90 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - January 9, 2023 ITEM: 7 - 2 - 1 New Hanover County Fire District Monthly Collection Report for October 2022 Current Year 2022-2023 Scroll/Billed Abatements Adjustments Real Estate Personal Property Motor Vehicles Combined $ 11,767,443.40 $ (33,255.82) $ 4,833.29 $ 1,084,492.47 $ (14,733.76) $ 188.15 $ 363,655.39 $ $ $ 13,215,591.26 (47,989.58) 5,021.44 Total Taxes Charged Collections to Date *Refunds Write-off $ $ $ $ 11,739,020.87 2,521,583.62 - 1.59 $ $ $ $ 1,069,946.86 263,446.37 - 0.97 $ $ 363,655.39 363,655.39 $ $ $ $ 13,172,623.12 3,148,685.38 - 2.56 Outstanding Balance $ 9,217,435.66 $ 806,499.52 $ - $ 10,023,935.18 Collection Percentage 21.48 24.62 100.00 23.90 YTD Interest Collected $ 204.85 $ - $ 3,151.18 $ 3,356.03 Total 2022-2023 Collections YTD 3,152,041.41 Prior Years 2012-2021 Real Estate Personal Property Motor Vehicles Combined Scroll $ 100,746.00 $ 247,903.54 $ 14,856.27 $ 363,505.81 Abatements $ (191.23) $ (7,136.60) $ - $ (7,327.83) Adjustments $ - $ - $ - Total Levy $ 100,554.77 $ 240,766.94 $ 14,856.27 $ 356,177.98 Collections to Date $ 14,846.50 $ 2,697.48 $ 23.87 $ 17,567.85 *Refunds $ 139.57 $ - $ - $ 139.57 Write-off $ 5.04 $ 3.96 $ 0.30 $ 9.30 Outstanding Balance $ 85,842.80 $ 238,065.50 $ 14,832.10 $ 338,759.00 YTD Interest Collected $ 2,220.34 $ 489.43 $ 28.44 $ 2,738.21 Total Prior Year Collections YTD 20,306.06 Grand Total All Collections YTD $ 3,172,347.47 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - January 9, 2023 ITEM: 7 - 3 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/9/2023 Consent DEPARTMENT: Tax PRESENTER(S): Allison Snell, Tax Administrator CONTACT(S): Trina Baxley, Collections Supervisor SU BJ ECT: Approval of November 2022 Tax Collection Reports BRIEF SUMMARY: NCGS 105-350 requires the Tax Collector to submit a report showing the amount of taxes collected. Overall collection percentages for November 2022 are ahead of overall collections for November 2021. The report for November 2022 in comparison to November 2021 is as follows: New Hanover County 1 November 2022 November 2021 Real Property 56.48% 56.43% Personal Property 26.64% 25.34% Motor Vehicle 100.00% 100.00% Overall Collection Rate 55.64% 55.56% Total Collected YTD $112,335,402.70 $112,312,481.79 New Hanover County Debt Service Real Property Personal Property Motor Vehicle Overall Collection Rate Total Collected YTD Grand Total Collected YTD November 2022 November 2021 56.33% 26.65% 100.00% 55.71% $8,592,752.13 $120,928,154.83 New Hanover County Fire November 2022 District Real Property 64.00% Personal Property 26.69% Motor Vehicle 100.00% Overall Collection Rate 62.22% Total Collected YTD $8,246,652.84 STRATEGIC PLAN ALIGNMENT: 56.17 25.29% 100.00 55.51% $11,664,990.57 $123,977,472.36 November 2021 63.49% 25.21% 100.00 61.77% $7,959,335.45 Board of Commissioners - January 9, 2023 ITEM: 8 • Good Governance o Strong Financial Performance ■ Proactively manage the county budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the reports. ATTACHMENTS: New Hano\er County Monthly Collection Report for No\ember 2022 New Hanmer County Debt Seance Monthly Collection Report for Nmember 2022 New Hanover County Fire District Monthly Collection Report for Nmember 2022 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - January 9, 2023 ITEM: 8 New Hanover County Monthly Collection Report for November 2022 Current Year 2022-2023 Scroll/Billed Abatements Adjustments Real Estate Personal Property Motor Vehicles Combined $ 182,906,160.18 $ (286,743.87) $ 32,715.53 $ 13,862,049.33 $ (190,166.93) $ 12,282.00 $ 5,477,195.85 $ $ $ 202,245,405.36 $ (476,910.80) $ 44,997.53 Total Taxes Charged Collections to Date *Refunds Write-off $ $ $ $ 182,652,131.84 103,270,445.33 106,446.82 104.26 $ $ $ $ 13,684,164.40 3,666,568.04 22,717.52 1,423.04 $ $ $ $ 5,477,195.85 5,477,195.85 $ 201,813,492.09 $ 112,414,209.22 $ 129,164.34 $ 1,527.30 Outstanding Balance $ 79,488,029.07 $ 10,038,890.84 $ $ 89,526,919.91 Collection Percentage 56.48 26.64 100.00 55.64 YTD Interest Collected $ 1,914.07 $ - $ 48,443.75 $ 50,357.82 Total 2022-2023 Collections YTD Prior Years 2012-2021 112,335,402.70 Real Estate Personal Property Motor Vehicles Combined Scroll $ 1,532,709.38 $ 4,696,018.59 $ 242,477.60 $ 6,471,205.57 Abatements $ (139,043.62) $ (147,723.87) $ - $ (286,767.49) Adjustments $ - $ 3,048.32 $ - $ 3,048.32 Total Levy $ 1,393,665.76 $ 4,551,343.04 $ 242,477.60 $ 6,187,486.40 Collections to Date $ 231,334.02 $ 146,748.88 $ 471.04 $ 378,553.94 *Refunds $ 22,698.77 $ 5,585.92 $ - $ 28,284.69 Write-off $ 23,905.90 $ 302,103.24 $ 123,191.57 $ 449,200.71 Outstanding Balance $ 1,161,124.61 $ 4,108,076.84 $ 118,814.99 $ 6,286,417.86 YTD Interest Collected $ 42,733.37 $ 39,361.67 $ 459.18 $ 82,554.22 Total Prior Year Collections YTD 432,823.47 Grand Total All Collections YTD $ 112,768,226.17 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - January 9, 2023 ITEM: 8 - 1 - 1 New Hanover County Debt Service Monthly Collection Report for November 2022 Current Year 2022-2023 Real Estate Personal Property Motor Vehicles Combined Scroll/Billed $ 13,893,173.97 $ 1,067,554.16 $ 496,266.81 $ 15,456,994.94 Abatements $ (30,683.03) $ (14,436.99) $ - $ (45,120.02) Adjustments $ 2,483.26 $ 932.29 $ - $ 3,415.55 Total Taxes Charged $ 13,864,974.20 $ 1,054,049.46 $ 496,266.81 $ 15,415,290.47 Collections to Date $ 7,810,523.67 $ 280,741.30 $ 496,266.81 $ 8,587,531.78 *Refunds $ 26.58 $ - $ 26.58 Write-off $ 12.14 $ 110.18 $ 122.32 Outstanding Balance $ 6,054,464.97 $ 773,197.98 $ $ 6,827,662.95 Collection Percentage 56.33 26.65 100.00 55.71 YTD Interest Collected $ 244.91 $ - $ 5,002.02 $ 5,246.93 Total 2022-2023 Collections YTD $ 8,592,752.13 Prior Years 2012-2021 Real Estate Personal Property Motor Vehicles Combined Scroll $ 158,748.41 $ 367,453.51 $ $ 526,201.92 Abatements $ (12,436.82) $ (13,005.88) $ (25,442.70) Adjustments $ - $ 315.88 $ 315.88 Total Levy $ 146,311.59 $ 354,763.51 $ $ 501,075.10 Collections to Date $ 25,403.40 $ 17,576.30 $ $ 42,979.70 *Refunds $ 1,458.66 $ - $ $ 1,458.66 Write-off $ 9.39 $ 6.54 $ $ 15.93 Outstanding Balance $ 122,357.46 $ 337,180.67 $ $ 459,569.99 YTD Interest Collected $ 4,273.85 $ 4,912.40 $ $ 9,186.25 Total Prior Year Collections YTD 50,707.29 Grand Total All Collections YTD $ 8,643,459.42 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - January 9, 2023 ITEM: 8 - 2 - 1 New Hanover County Fire District Monthly Collection Report for November 2022 Current Year 2022-2023 Scroll/Billed Abatements Adjustments Real Estate Personal Property Motor Vehicles Combined $ 11,767,443.40 $ (33,814.15) $ 5,003.23 $ 1,087,960.38 $ (25,928.25) $ 1,407.47 $ 445,945.69 $ $ $ 13,301,349.47 (59,742.40) 6,410.70 Total Taxes Charged Collections to Date *Refunds Write-off $ $ $ $ 11,738,632.48 7,512,924.41 - 20.17 $ $ $ $ 1,063,439.60 283,723.84 - 146.20 $ $ 445,945.69 445,945.69 $ $ $ $ 13,248,017.77 8,242,593.94 - 166.37 Outstanding Balance $ 4,225,687.90 $ 779,569.56 $ - $ 5,005,257.46 Collection Percentage 64.00 26.69 100.00 62.22 YTD Interest Collected $ 204.85 $ - $ 3,854.05 $ 4,058.90 Total 2022-2023 Collections YTD 8,246,652.84 Prior Years 2012-2021 Real Estate Personal Property Motor Vehicles Combined Scroll $ 100,746.00 $ 247,903.54 $ 14,856.27 $ 363,505.81 Abatements $ (396.34) $ (8,602.06) $ - $ (8,998.40) Adjustments $ - $ - $ - Total Levy $ 100,349.66 $ 239,301.48 $ 14,856.27 $ 354,507.41 Collections to Date $ 16,294.27 $ 3,032.91 $ 31.30 $ 19,358.48 *Refunds $ 150.85 $ - $ - $ 150.85 Write-off $ 1,693.70 $ 18,646.21 $ 7,382.13 $ 27,722.04 Outstanding Balance $ 82,512.54 $ 217,622.36 $ 7,442.84 $ 363,021.82 YTD Interest Collected $ 2,472.49 $ 583.86 $ 38.91 $ 3,095.26 Total Prior Year Collections YTD 22,453.74 Grand Total All Collections YTD $ 8,269,106.58 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - January 9, 2023 ITEM: 8 - 3 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/9/2023 Regular DEPARTMENT: Governing Body PRESENTER(S): Chair Rivenbark CONTACT(S): Kym Crowell, Clerk to the Board SU BJ ECT: Consideration of Adoption of the Code of Ethics for the Current Board Members and Adoption of Amended Rules of Procedure for Meetings of the New Hanover County Board of Commissioners Manual BRIEF SUMMARY: Chair Rivenbark requested this matter be placed on the January 9, 2023 agenda to update the referenced documents to reflect the current board. Per North Carolina General Statute 160A-86, governing boards of cities, counties, local boards of education, unified governments, sanitary districts, and consolidated city -counties shall adopt a resolution or policy containing a code of ethics to guide actions by the governing board members in the performance of the member's official duties as a member of that governing board. Said document is attached for consideration by the board. Upon adoption of the Code of Ethics, there is a requirement to update to Rule 31 of the Rules of Procedure for Meetings of the New Hanover County Board of Commissioners manual. Said document is attached for consideration by the board. STRATEGIC PLAN ALIGNMENT: • Good Governance Effective County Management ■ Increase transparency and awareness about county actions RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the Code of Ethics and Amended Rules of Procedure for Meetings of the New Hanover County Board of Commissioners manual. ATTACHMENTS: Code of Ethics Rules of Procedure COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. Board of Commissioners - January 9, 2023 ITEM: 9 COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - January 9, 2023 ITEM: 9 DRAFT NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION ADOPTING A CODE OF ETHICS WHEREAS, North Carolina General Statute (NCGS) 160A-86 requires local governing boards to adopt a code of ethics; and WHEREAS, New Hanover County citizens deserve to be served by public officials who maintain the highest ethical standards; and WHEREAS, the stability and proper operation of democratic representative government depends upon public confidence in the integrity of the government, and upon responsible exercise of the trust conferred by the citizens upon their elected officials; and WHEREAS, Board members must act in a manner that maintains their integrity and independence and be responsive to the interests and needs of those they represent; and WHEREAS, Board members must know how to distinguish among their various roles, to determine when each role is appropriate, and to act accordingly: 1. As advocates, who strive to advance the legitimate needs of their citizens; 2. As legislators, who balance the public interest and private rights in considering and enacting ordinances and resolutions, and 3. As fair and impartial decision -makers, when making quasi-judicial and administrative determinations. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners does hereby adopt the following Code of Ethics to guide the Board of County Commissioners in its decision -making. The Board of Commissioners directs all County boards and committees to respect and abide by this Code of Ethics in the performance of their duties. CODE OF ETHICS Purpose. The purpose of this Code of Ethics is to establish guidelines for ethical standards of conduct for the Board of County Commissioners. It should not be considered a substitute for the law or for a Board member's best judgment. Sartinn 1 _ A. Board members should obey all laws that apply to their official actions. The spirit as well as the letter of the law should guide their actions. Board members should feel free to assert policy positions and opinions without fear of reprisal from fellow Board members or citizens. B. Board members should endeavor to keep themselves current, through the County Attorney and other sources, of the most pertinent constitutional, statutory, and other legal requirements with which they must be familiar in order to meet their legal responsibilities. C. Board members shall comply with NCGS 160A-87 in receiving two clock hours of ethics education within twelve months of each election or appointment to office. Section 2. Board members should act with integrity as they exercise the functions of their offices. Characteristics and behaviors that are consistent with this standard are: A. Behaving consistently and with respect towards everyone with whom they interact. B. Exhibiting trustworthiness. C. Living as if they are on duty as elected officials regardless of where they are or what they are doing. Board of Commissioners - January 9, 2023 ITEM: 9 - 1 - 1 DRAFT D. Using their best independent judgment to pursue the common good, while being able to consider the opinions of others, presenting their opinions to all in a forthright manner. E. Remaining incorruptible, self-governing, and not subject to improper influence. F. Disclosing contacts and information about issues that they receive outside of public meetings and refraining from seeking or receiving information about quasi-judicial matters outside of the quasi-judicial proceedings. G. Treating other Board members and the public with respect and honoring the opinions of others even when they disagree. H. Being careful not to reach conclusions on issues until all sides have been heard. I. Recognizing that individual Board members are not generally allowed to act on behalf of the Board but may only do so if the Board specifically so authorizes because the Board must take official action as a body. Section 3. Board members should be faithful in the performance of the duties of their office. Board members should faithfully attend and prepare for meetings. They should carefully analyze all credible information that is properly submitted to them, mindful of the need not to engage in communications outside the meeting in quasi-judicial matters. They should demand full accountability from those over whom the Board has authority. Section 4. Elected members of local governing Boards should conduct the affairs of their Boards in an open and public manner. They should comply with all applicable laws governing open meetings and public records, recognizing that doing so is an important way to be worthy of the public's trust. They should remember when they meet that they are conducting the public's business. They should also remember that the records of their local government belong to the public. A climate of openness is to be maintained at all times. They should take deliberate steps to ensure that any closed sessions held by the Board are conducted lawfully, and that such sessions do not stray from the purposes for which they are called. Section 5. This Code of Ethics shall be effective upon adoption, unless modified, amended, or repealed. ADOPTED this the 9t" day of January, 2023. NEW HANOVER COUNTY William E. Rivenbark, Chair Jonathan Barfield, Jr., County Commissioner Rob Zapple, County Commissioner LeAnn Pierce, Vice -Chair Deb Hays, County Commissioner ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - January 9, 2023 ITEM: 9 - 1 - 2 DRAFT NEW HANOVER COUNTY BOARD OF COMMISSIONERS RULES OF PROCEDURE FOR MEETINGS I. APPLICABILITY Rule 1. Applicability of Rules. These rules apply to all meetings of the New Hanover County Board of Commissioners at which the board is empowered to exercise any of the executive, quasi-judicial, administrative, or legislative powers conferred on it by law, including but not limited to regular informal work sessions or committee meetings where public business is discussed but no official action is taken. II. OPEN MEETINGS Rule 2. Meetings to Be Open. A. The public policy of North Carolina and of New Hanover County is that the hearings, deliberations, and actions of this board and its committees be conducted openly. B. Except as otherwise provided in these rules and in accordance with applicable law, each official meeting of the New Hanover County Board of Commissioners shall be open to the public, and any person may attend. C. For the purposes of the provisions of these rules concerning open meetings, an official meeting of the board is defined as any gathering together at any time or place or the simultaneous communication by conference call or other electronic means of a majority of board members for the purpose of conducting hearings, participating in deliberations, or voting upon or otherwise transacting public business within the jurisdiction, real or apparent, of the board. Rule 3. Closed Sessions. A. Notwithstanding the provisions of Rule 2, the board may hold a closed session and exclude the public, but only for the permitted purposes set forth in North Carolina General Statute (NCGS) 143- 318.11(a)(1-10). The board may go into closed session only upon motion made, seconded, and adopted at an open meeting. The motion shall state the general purpose of the closed session and must be approved by a majority of those board members present and voting. B. Unless the motion to go into closed session provides otherwise, the county manager, county attorney, and clerk to the board shall attend the closed session. All other persons present shall be at the discretion and consensus of a majority of the board. III. ORGANIZATION OF THE BOARD Rule 4. Organizational Meeting. On the first Monday in December following a general election in which county officers are elected, the board shall meet at their regular meeting time and place: A. The present chairman shall call the meeting to order and the present board, including retiring members, shall approve the minutes of the previous meeting(s). B. Newly elected members of the board shall take and subscribe the oath of office and be inducted into office if they have not already been sworn. C. The present chair shall then recognize the county attorney or the clerk to the board to preside until a new chairman is elected from its members. D. The board shall approve the bonds of the finance officer, tax collector, sheriff and the register of deeds and induct them and any other newly elected county officials into office as appropriate. Rule 5. Election of the Chairman and Vice -Chairman. The chairman and vice-chairman of the board shall be elected annually at the board's first Monday meeting in December for a term of one year and shall not be removed from the office of chairman or vice-chairman unless he or she becomes disqualified to serve as a board member. Board of Commissioners - January 9, 2023 ITEM: 9 - 2 - 1 IV. REGULAR AND SPECIAL MEETINGS Rule 6. Regular and Special Meetings. A. Regular Meetings. The board shall hold a regular meeting on the first Monday of each month at 4:00 p.m. and on the third Monday of each month at 9:00 a.m. unless otherwise stated on the schedule approved by the board. Regular meetings shall be held in the Assembly Room located in the New Hanover County Courthouse, 24 North Third Street, Wilmington, N.C. B. Special Meetings. The chairman, or a majority of board members, may at any time call a special meeting of the board by a notice stating the time and place of the meeting and the subject(s) to be considered. The person or persons calling the meeting shall cause the notice to be posted on the bulletin board located by the west entrance doors of the New Hanover County Government Center and disbursed to the chairman and all other board members by fax, email, or other appropriate method at least forty-eight hours before the meeting. In addition, the notice shall be mailed, faxed, emailed, or other appropriate method to individual persons and media organizations having requested such notice as provided in subsection (e) below. Only items of business specified in the notice may be transacted at a special meeting unless all members of the board are present or those not present have signed waivers. C. Emergency Meetings. If a special meeting is called to deal with an unexpected circumstance requiring immediate consideration, the notice requirements of this rule do not apply. However, the person or persons calling an emergency meeting shall take reasonable action to inform the other board members and the public of the meeting. Local media organizations having requested notice of special meetings as provided in subsection (e), below, shall be notified of such emergency meetings by the same method used to notify board members. Only business connected with the emergency may be discussed at the meeting. D. Work Sessions and Committee Meetings. The board may schedule work sessions, committee meetings, or other informal meetings of the board, or of a majority of its members, at such times and concerning such subjects as may be established by resolution or order of the board. A schedule of any such meetings held regularly shall be filed in the same place and manner as the schedule of regular meetings. Work sessions and other informal official meetings not held regularly are subject to the same notice requirements as special board meetings. E. Sunshine List. Any individual or media organization must file a written request annually, by the last day of July, with the clerk to the board for notice of all special meetings and regular meeting agenda summaries of the board. Requests by individuals, other than the media, will be subject to a $10.00 non-refundable annual fee; there will be no fee charged for notices sent by email or fax. Rule 7. All Meetings within the County. All meetings shall be held within the boundaries of New Hanover County except as otherwise provided herein: A. A joint meeting with the governing board of any other political subdivision of this or any other state may be held within the boundaries of either subdivision as may be specified in the call of the meeting. At any such joint meeting, this board reserves the right to vote separately on all matters coming before the joint meeting. B. A special meeting called for considering and acting on an order or resolution requesting members of the General Assembly representing all or any portion of this county to support or oppose any bill pending in the General Assembly or proposed for introduction therein may be held in Raleigh or other such place as stated in the call of meeting. C. A retreat, forum, or similar gathering held solely for the purpose of providing members of the board with general information relating to the performance of their public duties. D. A meeting to declare a state of emergency or make decisions pertaining to a state of emergency when a majority of the board is out of the County on official business. Rules of Procedure for Meetings of the NHC Board of Commissioners —Amended January 9, 2023 Page 2 Board of Commissioners - January 9, 2023 ITEM: 9 - 2 - 2 Rule 8. Broadcasting and Recording of Meetings. Except as provided in this rule, any media organization may broadcast all, or any part of an official board meeting required to be open to the public. Any person may photograph, film, tape-record, or otherwise reproduce any part of a meeting that is required to be open. V. AGENDA Rule 9. Agenda. A. The county manager or the clerk to the board shall prepare the agenda for each regular meeting. A request to have an item of business placed on the agenda for a regular meeting must follow the approved agenda policy. Additional items may be introduced with the permission of the Chairman. B. The agenda packet shall include the agenda coversheet, any proposed ordinances, or amendments to ordinances, and supporting documentation and background information relevant to items on the agenda. A copy of the agenda packet shall be made available to each board member at least seventy-two hours before the meeting. Rule 10.Order of Business. At regular meetings, the board shall proceed to conduct business in the following order: 1) Call to Order 2) Invocation 3) Pledge of Allegiance 4) Consent Agenda Items of Business 5) Regular Agenda Items of Business 6) Presentation of Service and Retirement Awards and Introduction of New Employees 7) Consideration of proclamations, resolutions, budget amendment ordinances, etc. 8) Public Hearings 9) Committee Appointments 10) Unfinished business 11) Public Comments on Non -Agenda Items 12) Additional Agenda Items of Business Without objection, the chairman may call items in the order most convenient for the dispatch of business. VI. CONDUCT OF DEBATE Rule 11. Powers of the Chairman. The chairman shall preside at all board meetings. To address the board, a member of the board must be recognized by the chairman. The chairman shall have the following powers: A. To rule on points of parliamentary procedure, including the right to rule out of order any motion offered for obstructive or dilatory purposes; B. To determine whether a speaker has gone beyond reasonable standards of courtesy in his or her remarks and to entertain and rule on objections from other members on this ground; C. To call a brief recess at any time; and D. To adjourn in an emergency. Rule 12. Action by the Board. The board shall proceed by motion. Any member, including the chairman, may make a motion. Rule 13. Second Required. A motion shall require a second. Rule 14. One Motion at a Time. A member may make only one motion at a time. Rules of Procedure for Meetings of the NHC Board of Commissioners —Amended January 9, 2023 Page 3 Board of Commissioners - January 9, 2023 ITEM: 9 - 2 - 3 Rule 15. Substitute Motion. A substitute motion is out of order while another substitute motion is pending. A substitute motion is deemed to be a "main" or "principal" motion as distinguished between it and the various procedural motions listed in Rule 18. Rule 16. Adoption by Majority Vote. A motion shall be adopted if, after receiving a second, it is approved by a majority of the votes cast, unless otherwise required by these rules or North Carolina law. Rule 17. Debate. The chairman shall state the motion and then open the floor to debate, presiding according to the following general principles: A. The member making the motion or introducing the ordinance, resolution or order may speak first. B. A member who has not spoken on the issue shall be recognized before someone who has already spoken. C. If possible, the debate shall alternate between opponents and proponents of the measure. Rule 18. Procedural Motions. A. In addition to substitute motions, the procedural motions listed in subsection (b) of this rule, and no others, shall be in order. Unless otherwise noted, each motion is debatable, may be amended, and requires a second and a majority vote for adoption. B. In order of priority, the procedural motions are: 1. To adjourn. The motion may be made only at the conclusion of action on a pending matter; it may not interrupt deliberation of a pending matter. 2. To recess. 3. To call to follow the agenda. The motion must be made at the first reasonable opportunity, or it is waived. 4. To divide a complex motion and consider it by paragraph. 5. To defer consideration. A substitute motion whose consideration has been deferred expires one hundred days thereafter, unless a motion to revive consideration is adopted. 6. To call the previous question. The motion is not in order until there has been debate and every member of the board has had one opportunity to speak. 7. To postpone the meeting to a certain time and/or day. 8. To amend a motion. An amendment to a motion must be relevant to the subject of the motion, but it may not achieve the opposite effect of the motion. There may be amendments to the motion and there may be substitute motions, requiring a second and taking priority in voting. If the substitute motion succeeds, the original motion dies and is not considered. Any amendment to a proposed ordinance shall be submitted in writing. 9. To revive consideration. The motion is in order at any time within one hundred days of a vote deferring consideration. A substitute motion on which consideration has been deferred expires one hundred days after the deferral, unless a motion to revive consideration is adopted. 10. To reconsider. The motion must be made at the same meeting where the original vote was taken, and by a member who voted with the prevailing side. The motion to reconsider cannot interrupt deliberation on a pending matter but is in order any time before adjournment. Rule 19. Renewal of Motion. A defeated motion may not be renewed at the same meeting. Rule 20. Withdrawal of Motion. A motion may be withdrawn by the introducer at any time before the chairman puts the motion to vote. Rule 21. Duty to Vote. It is the duty of each member to vote unless excused by a majority vote according to law. The board may excuse members from voting on matters involving their own financial interest or official conduct. A member wishing to be excused from voting shall so inform the chairman, who shall take a vote of the remaining members. A member who fails to vote, not having been excused, shall be recorded as voting in the affirmative. Rules of Procedure for Meetings of the NHC Board of Commissioners —Amended January 9, 2023 Page 4 Board of Commissioners - January 9, 2023 ITEM: 9 - 2 - 4 Rule 22. Prohibition of Secret Voting. No vote may be taken by secret ballot. If the board decides to vote by written ballot, each member shall sign his or her ballot and the minutes shall record the vote of each member. These ballots shall be retained and made available for public inspection until the minutes of that meeting have been approved, when they may be destroyed. Rule 23. Action by Reference. The board shall not deliberate, vote, or otherwise act on any matter by reference to an agenda or document number unless copies of the agenda or documents being referenced are available for public inspection at the meeting and are so worded that people at the meeting can understand what is being discussed or acted on. Rule 24. Introduction of Ordinances, Resolutions or Orders. A proposed ordinance shall be deemed to be introduced at the first meeting where it is actually considered by the board. Rule 25. Adoption, Amendment or Repeal of Ordinances. To be adopted at the meeting where it is first introduced an ordinance or an action with the effect of an ordinance, or any ordinance amending or repealing an existing ordinance (except the budget ordinance, a bond order, or another ordinance requiring a public hearing before adoption) must be approved by all members of the board of commissioners. If the proposed measure is approved by a majority but not by all the members of the board, or if the measure is not voted on at that meeting, it shall be considered at the next regular meeting of the board. If it then or at any time thereafter within one hundred days of its introduction receives a majority of the votes cast, the measure is adopted. Rule 26. Public Hearings. Public hearings required by law or deemed advisable by the board shall be organized by setting forth the subject, date, place, and time of the hearing as well as any rules regarding the length of time allotted to each speaker and designating representatives to speak for large groups. At the appointed time, the chairman shall call the hearing to order and preside over it. When the allotted time expires, the chairman shall declare the hearing ended and the board shall resume the regular order of business. Rule 27. Quorum at Public Hearings. A quorum of the board must be present at all public hearings required by law. VII. MINUTES Rule 28. Minutes. Minutes shall be kept of all board meetings. Rule 29. Closed Session Minutes. Pursuant to North Carolina General Statutes 143-318.10, the clerk to the board shall keep accurate minutes or general accounts of all closed sessions: A. At the next regular board meeting following any closed session, closed session minutes will be distributed to each commissioner in sealed envelopes. Closed session minutes will be considered and approved by the board at the time regular meeting minutes are considered and approved. B. Following approval, all copies of the closed session minutes provided to the commissioners will be returned to the clerk. Closed session minutes will be sealed and not made available for public inspection until released as hereinafter provided. C. The attorney and clerk shall periodically review the closed session minutes to determine if their disclosure no longer frustrates the purpose for which the closed session was held. D. Upon board approval, the closed session minutes shall be released and made available for public inspection. Vill. COMMITTEE APPOINTMENTS Rule 30. Committee Appointments. The board shall appoint citizens to boards and committees over which the board has power of appointment at regular or special meetings called by the board. A nomination for an appointment must be seconded in order to be considered for a vote by the board. It is the desire of the Board that all appointees shall Rules of Procedure for Meetings of the NHC Board of Commissioners —Amended January 9, 2023 Page 5 Board of Commissioners - January 9, 2023 ITEM: 9 - 2 - 5 serve at the pleasure of the Board and may be removed without cause by a majority vote of the county commissioners. IX. CODE OF ETHICS Rule 31. Code of Ethics. The board shall adhere to the Resolution Adopting a Code of Ethics adopted January 9, 2023. X. AMENDMENT TO RULES AND MISCELLANEOUS Rule 32. Amendments to These Rules. These Rules may be amended by an affirmative vote of a majority of the board members. Rule 33. Miscellaneous. These Rules of Procedure are directory, and not mandatory, and failure to follow them shall not be actionable in a court of law or equity unless otherwise provided by law. Initially adopted by the New Hanover County Board of Commissioners on February 15, 1993. AMENDED August 15, 2011; October 20, 2014; November 14, 2016; April 4, 2022; January 9, 2023. Effective upon adoption. NEW HANOVER COUNTY William E. Rivenbark, Chair Board of Commissioners ATTEST: Kymberleigh G. Crowell, Clerk to the Board Rules of Procedure for Meetings of the NHC Board of Commissioners —Amended January 9, 2023 Page 6 Board of Commissioners - January 9, 2023 ITEM: 9 - 2 - 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/9/2023 Regular DEPARTMENT: Governing Body PRESENTER(S): Chair Rivenbark CONTACT(S): Kym Crowell, Clerk to the Board SU BJ ECT: Consideration of Appointments of County Commissioners to Various Boards and Committees for 2023 BRIEF SUMMARY: Attached for consideration is the proposed 2023 appointments list of County Commissioners to various boards and committees. STRATEGIC PLAN ALIGNMENT: Good Governance o Effective County Management ■ I ncrease transparency and awareness about county actions RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the proposed 2023 appointments list of County Commissioners to various boards and committees. ATTACHMENTS: 2023 BOCC Appointments COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - January 9, 2023 ITEM: 10 W ►TA NEW HANOVER COUNTY COMMISSIONER 2023 APPOINTMENTS TO VARIOUS BOARDS AND COMMITTEES Board/Committee (Designated for Commissioner Representative) 2022 2023 Airlie Gardens Foundation Board of Directors Commissioner Zapple Commissioner Zapple Cape Fear Community College Board of Trustees Commissioner Rivenbark Chair Rivenbark Cape Fear Community College Long -Range Planning Committee (designated for Commissioner) Commissioner Rivenbark Chair Rivenbark Cape Fear Council of Governments Exec. Committee Chair Olson-Boseman Commissioner Hays Cape Fear Museum Advisory Board Commissioner Rivenbark Commissioner Hays Cape Fear Public Transportation Authority/WAVE Transit (WAVE representative on the WMPO/TAC) Vice -Chair Hays Commissioner Hays Cape Fear Public Utility Authority Commissioner Barfield Commissioner Barfield Cape Fear Public Utility Authority Commissioner Zapple Commissioner Zapple Legion Stadium Commission Commissioner Barfield Commissioner Barfield Legion Stadium Commission Commissioner Zapple Commissioner Zapple Local Emergency Planning Committee Commissioner Barfield Commissioner Barfield Lower Cape Fear River Program Advisory Board Commissioner Zapple Commissioner Zapple Lower Cape Fear Water & Sewer Authority Commissioner Zapple Commissioner Zapple New Hanover County ABC Board Commissioner Rivenbark Chair Rivenbark New Hanover County Airport Authority Chair Olson-Boseman Vice -Chair Pierce New Hanover County Health & Human Services Board Commissioner Barfield Commissioner Barfield New Hanover County Financing Corporation, Inc. Chair Olson-Boseman Chair Rivenbark New Hanover County Tourism Development Authority Vice Chair Hays Vice Chair Pierce Cape Fear Homeless Continuum of Care Board Commissioner/County Manager Designee Commissioner/County Manager Designee Parks Conservancy Board of Directors Commissioner Barfield Commissioner Hays Smart Start of New Hanover County Commissioner Zapple Commissioner Zapple Southeastern Economic Development Commission Vice -Chair Hays Vice -Chair Pierce Southeastern Partnership Inc./Economic Development Vice Chair Hays Vice Chair Pierce Trillium Health Resources —Southern Regional Advisory Board Commissioner Zapple Commissioner Zapple Wilmington Business Development Commissioner Rivenbark Chair Rivenbark Wilmington Chamber of Commerce Vice -Chair Hays Chair Rivenbark Wilmington Downtown Inc. Vice -Chair Hays Commissioner Hays Wilmington/New Hanover Port, Waterway & Beach Commission Commissioner Zapple Vice Chair Pierce Wilmington Regional Film Commission Chair Olson-Boseman Chair Rivenbark Wilmington Urban Area Metropolitan Planning Organization —Transportation Advisory Committee Commissioner Barfield Commissioner Barfield Board of Commissioners - January 9, 2023 ITEM: 10- 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/9/2023 Regular DEPARTMENT: County Manager PRESENTER(S): Tyrone Garrett, CEO CONTACT(S): Chris Coudriet, County Manager SU BJ ECT: Wilmington Housing Authority Remediation Update BRIEF SUMMARY: Tyrone Garrett will provide a remediation update for Wilmington Housing Authority. STRATEGIC PLAN ALIGNMENT: • Good Governance o Effective County Management ■ Increase transparency and awareness about county actions RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear presentation. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Hear presentation. COMMISSIONERS' ACTIONS: Heard presentation. Board of Commissioners - January 9, 2023 ITEM: 11 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/9/2023 Regular DEPARTMENT: Finance PRESENTER(S): April Adams, Cherry Bekaert LLP CONTACT(S): Eric Credle, Chief Financial Officer, and Martha Wayne, Deputy Chief Financial Officer SU BJ ECT: Presentation of the Audit Report for the Fiscal Year Ended 6/30/22 BRIEF SUMMARY: The New Hanover County Annual Comprehensive Financial Report and related independent audit for the fiscal year ended 6/30/2022 have been completed. The results of the audit and financial report will be presented by April Adams, Audit Partner with Cherry Bekaert LLP. The results of the audit include: • An unmodified opinion on the financial statements, meaning the auditors concur that the financial statements are fairly presented and free from material misstatements. • An internal report over financial reporting and compliance and other matters, which noted no findings. The financial statement amounts in the audited report are consistent with the amounts that were included in the financial review that was presented to the Board of Commissioners on November 14, 2022. This includes a general fund balance of $480,814,411, which includes $72,051,419 in unassigned balance. The unassigned fund balance as a percent of general fund expenses and transfers out was 21%, which aligns with our policy goal of 18% to 21%. STRATEGIC PLAN ALIGNMENT: • Good Governance o Strong Financial Performance ■ Plan for the long-term financial health of the county RECOMMENDED MOTION AND REQUESTED ACTIONS: It is requested that the commissioners hear the presentation and approve the New Hanover County Annual Comprehensive Financial Report for the year ended 6/30/22. ATTACHMENTS: Presentation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Hear the presentation. Recommend approval. Board of Commissioners - January 9, 2023 ITEM: 12 COMMISSIONERS' ACTIONS: Heard presentation and approved report 5-0. Board of Commissioners - January 9, 2023 ITEM: 12 CB 2022-08 NEW HANOVER COUNTY Audit Executive Summary January 9, 2023 ;m% Cherry Bekaert so Your Guide Forward Board of Commissioners - ITEM: 12- 1 - Client Service Team Steve Siegel Firm Technical Director Board of Commissioners - January 9, 2023 ITEM: 12- 1 - 2 2 No '1P 0 Agenda ► Results of the Audit Single Audit 40 Internal Controls i ram{ Corrected and Uncorrected Misstatements Required Communications r Other Matters Reporting Changes This information is intended solely for the use of Board of County Commissioners who are charged with governance and management of New Hanover County, North Carolina and is not intended to be, and should not be, used by anyone other than these specified parties. r� anuary 9, 2023 3 ` 3 Results of the Audit We have audited the financial statements of New Hanover County, North Carolina (the "County") for the year ended June 30, 2022, and we have issued our report thereon dated December 1, 2022. We have issued an unmodified opinion on the financial statements. We have also issued a report on internal controls over financial reporting and compliance and other matters. Board of Commissioners - January 9, 2023 ITEM: 12- 1 - 4 4 `so it [orff7Ti • Medicaid • DSS Crosscutting We have also issued reports on federal and state compliance with • Low Income Home Energy • Public School Building Capital the Uniform Guidance and the Assistance (LIHEAP) Fund (Lottery Funds) State Single Audit Implementation Act for the major programs. • Emergency Rental Assistance • State Aid to Public Libraries Program (ERAP) No findings were reported. • Coronavirus State & Local PY 2021-001 Finding was Recovery Funds (ARPA) corrected. • Epidemiology and Laboratory Capacity for Infectious Diseases Internal Control Communication In planning and performing our audit, we considered internal control over financial reporting ("internal control") as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the County's internal control. Accordingly, we do not express an opinion on the effectiveness of the County's internal control. Our consideration of internal control was for the limited purpose described in the preceding paragraph and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies and, therefore, material weaknesses or significant deficiencies may exist that were not identified. In addition, because of inherent limitations in internal control, including the possibility of management override of controls, misstatements due to error or fraud may occur and not be detected by such controls. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. Board of Commissioners - January 9, 2023 ITEM: 12- 1 - 6 I Corrected and Uncorrected Misstatements Professional standards require us to accumulate all misstatements identified during the audit, other than those that are clearly trivial, and communicate them to the appropriate level of management. ► None noted. None noted. Board of Commissioners - January 9, 2023 ITEM: 12- 1 - 7 7 Qualitative Aspects of Accounting Practices Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by the County are described in Note I to the financial statements. The County adopted GASB 87, Leases, effective July 1, 2021. Most prominent among the changes in the standard is the recognition of the right to use assets and lease liabilities for those leases previously classified as operating leases. This standard also included the recording of a lease receivable and deferred inflow of resources for lessor agreements. We noted no inappropriate accounting policies or practices. Board of Commissioners - January 9, 2023 ITEM: 12- 1 - 8 8 `� Qualitative Aspects of Accounting Practices As part of our audit, we evaluated the County's identification of, accounting for, and disclosure of the County's relationships and transactions with related parties as required by professional standards. We noted none of the following: • Related parties or related party relationships or transactions that were previously undisclosed to us; • Significant related party transactions that have not been approved in accordance with the County's policies or procedures or for which exceptions to the County's policies or procedures were granted; • Significant related party transactions that appeared to lack a business purpose; • Noncompliance with applicable laws or regulations prohibiting or restricting specific types of related party transactions; • Difficulties in identifying the party that ultimately controls the entity. Board of Commissioners - January 9, 2023 ITEM: 12- 1 - 9 9 `� Qualitative Aspects of Accounting Practices We noted no transactions entered into by the Company during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period. For purposes of this letter, professional standards define significant unusual transactions as transactions that are outside the normal course of business for the County or that otherwise appear to be unusual due to their timing, size or nature. We noted no significant unusual transactions during the year. Board of Commissioners - January 9, 2023 on ITEM: 12- 1 - 10 10 `r Qualitative Aspects of Accounting Practices Accounting estimates are an integral part of the financial statements prepared by management and are based on management's knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive estimates affecting the financial statements were: • Allowance for doubtful accounts • Depreciation and amortization expense • Fair value of investments • Pension liabilities • Other Post Employment Benefits liability • Accrued compensated absences • Self-insurance claim liabilities that have been incurred but not reported. • Liability for closure and post closure (Landfill) • Imputed interest rate on leases Board of Commissioners - January 9, 2023 on ITEM: 12- 1 - 11 11 `No Qualitative Aspects of Accounting Practices The estimates are based on an analysis of historical collection trends, current and anticipated economic conditions, the category of individual capital assets and their useful lives, actuarial calculations, and estimated future costs. We evaluated the key factors and assumptions used to develop the estimates in determining that they were reasonable in relation to the financial statements taken as a whole. The financial statement disclosures are neutral, consistent, and clear. Board of Commissioners - January 9, 2023 ITEM: 12- 1 - 12 12 `O% Independence Considerations Our firm prepares the Data Collection Form. For all nonattest services we perform, you are responsible for designating a competent employee to oversee the services, make any management decisions, perform any management functions related to the services, evaluate the adequacy of the services, and accept overall responsibility for the results of the services. We are not aware of any other circumstances or relationships that create threats to auditor independence. We are independent of New Hanover County and have met our other ethical responsibilities in accordance with the relevant ethical requirements relating to our audits. Board of Commissioners - January 9, 2023 ITEM: 12- 1 - 13 13 Other Required Communications We encountered no significant difficulties in dealing with management in performing and completing our audit. Includes disagreements on a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor's report. We are pleased to report that no such disagreements arose during the course of .MP th our audit. Board of Commissioners - January 9, 2023 ITEM: 12- 1 - 14 We noted no matters that are difficult or contentious for which the auditor consulted outside the engagement team. We have requested certain representations from management that are included in the management representation letter dated December 1, 2022. 14 Other Required Communications In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a "second opinion" on certain situations. To our knowledge, there were no such consultations with other accountants. We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year. These discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. As of the date of this presentation no fraud, illegal acts, or violations of laws and regulations noted. No events or conditions noted that indicate substantial doubt about the entity's ability to continue as a going concern. Board of Commissioners - January 9, 2023 ITEM: 12- 1 - 15 15 011iTTiJ1F.SiT' With respect to the supplementary information accompanying the financial statements, we made certain inquiries of management and evaluated the form, content, and methods of preparing the information to determine that the information complies with U.S. generally accepted accounting principles, the method of preparing it has not changed from the prior period, and the information is appropriate and complete in relation to our audit of the financial statements. We compared and reconciled the supplementary information to the underlying accounting records used to prepare the financial tatements or to the financial statements themselves. 0 o❑ C3 000 000 With respect to the required supplementary information accompanying the financial statements, we have applied certain limited procedures to the information, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. Upcoming Financial Reporting Changes These standards will be effective for the County in the upcoming years and may have a significant impact on the County's financial reporting. We would be happy to discuss with management the potential impacts on the County's financial statements and how we may be able to assist in the implementation efforts. Board of Commissioners - January 9, 2023 on ITEM: 12- 1 - 17 17 `� Questions? About Cherry Bekaert 2022 Cherry Bekaert. All Rights Reserved. This material has been prepared for general informational purposes only and is not intended to be relied upon as tax, accounting, or other professional advice. Before taking any action, you should consult a professional advisor familiar with your particular facts and circumstances. CBH.com April Adams, CPA Audit Partner aadams@cbh.com 919-782-1040 Linda Suggs, CPA Senior Manager Isuggs@cbh.com Cherry Bekaert Your Guide Forward Board of Commissioners - January 9, 2023 ITEM: 12- 1 - 18 In NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/9/2023 Regular DEPARTMENT: Finance PRESENTER(S): Eric Credle, Chief Financial Officer CONTACT(S): Kemp Burpeau, Deputy County Attorney; Lena Butler, Purchasing Supervisor SU BJ ECT: Consideration of a Resolution to Establish Criteria for Determining when the Design -Build Delivery Method is Appropriate for County Construction Projects BRIEF SUMMARY: The State of North Carolina authorizes local governmental entities to utilize the Design -Build (DB) method for construction contracting pursuant North Carolina General Statute (NCGS) 143-128.1A. DB provides an integrated approach to construction projects by streamlining the process. Rather than using two solicitations which includes one for the design professional and the other for the actual construction work, both the design and construction phases are acquired and contracted using one qualifications -based solicitation to procure a Design -Builder. The selected Design - Builder brings together the design and construction teams, who both work under contract with the Design -Builder using statutorily approved procedures and begins collaboration with the owner to accomplish the design and construction of the project. NCGS 143-128.1A. outlines several requirements for using the DB delivery method and requires the governmental entity to establish written criteria for determining when the method is appropriate for a given project. Attached is a staff summary of the statute and a resolution for board consideration and adoption. STRATEGIC PLAN ALIGNMENT: • Good Governance o Effective County Management ■ Deliver quality service at the right time RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt resolution establishing written criteria for determining when Design -Build is appropriate for a project and to allow the County Manager/Designee to apply the criteria to future projects on a case -by -case basis. ATTACHMENTS: Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. Board of Commissioners - January 9, 2023 ITEM: 13 COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - January 9, 2023 ITEM: 13 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION ESTABLISHING CRITERIA FOR DESIGN -BUILD DELIVERY METHOD FOR CONSTRUCTION CONTRACTS WHEREAS, the State of North Carolina authorizes local governmental entities in North Carolina to utilize the design - build method for construction contracting pursuant North Carolina General Statute (NCGS) 143-128.1A; and WHEREAS, the design -build method is an integrated approach to a construction project that delivers both design (architectural and engineering) and construction services under one contract with a single point of responsibility and under this delivery method, the county is provided the benefit of the design team and contractor working together to achieve the county's objectives under a single contract; and WHEREAS, the statute requires the county to establish written criteria for determining when the design -build method is appropriate for a project; and also requires the county to approve criteria for each individual project; and WHEREAS, the statute defines the six written criteria for determining when the design -build method is appropriate for a project and county staff recommends that projects meeting the following criteria be approved for design -build construction: Criteria 1: The extent to which county personnel can adequately and thoroughly define the project requirements prior to the issuance of the request for qualifications (RFQ) for a design -builder. The design -build method may be used if it is determined that, for the project, the county has professional staff that are qualified to thoroughly define project requirements prior to the issuance of a request for qualifications (RFQ) for a design -builder. Consideration will be given to the qualifications and experience of county staff and the availability of professional staff in the areas of purchasing, finance and legal to assist in the development of an RFQ. Criteria 2: The time constraints for the delivery of the project. The design -build delivery method may be used if a project has an established date by which a facility must be operational to meet the county's needs and a traditional delivery method (i.e. an RFQ, finalized design and specifications, bidding, and construction) is not likely to provide a finished project in a timely manner. Criteria 3: The county's ability to ensure that a quality project can be delivered. The design -build delivery method may be used if it is determined that, for the project, the county has staff experienced in design and construction to help ensure that the design -build firm will provide a quality project within the budget and time constraints established by the Board of Commissioners. Criteria 4: The capability of the county to manage and oversee the project, including the availability of experienced staff or outside consultants who are experienced with the design -build method of project delivery. The design -build delivery method may be used if it is determined that, for the project, the county has qualified staff experienced in construction administration and project management who will be involved during the design and construction of the project; however, overall project management is a primary function of the design -build team. Board of Commissioners - January 9, 2023 ITEM: 13- 1 - 1 Criteria 5: A good faith effort to comply with historically underutilized business participation requirements (NCGS 143-128.2, NCGS 143-128.4), and to recruit and select small business entities. The design -build delivery method may be used if it is determined that, for the project, requirements will be imposed which ensure that contractors will comply with the M/WBE goals adopted by the Board of Commissioners. Criteria 6: The criteria utilized by the county, including a comparison of the advantages and disadvantages of using the design -build delivery method in lieu of traditional construction and bidding methods. Criteria utilized by the county when considering Design -Build delivery method for a project will be as follows: • Is the project well defined and does it include qualitative and quantitative characteristics? • Is the project timeline overly constrained, will it be necessary to have the facility operational within a short timeframe, and will it be necessary to have partial occupancy of a portion of the facility while construction is ongoing? • Given the scope of the project, is there a need to allow negotiations and flexibility to make appropriate decisions on scope as the project progresses? • Does the design -build delivery method meet the operational goals established for the facility and the desired quality of the product obtained, as a result of a more fluid and flexible delivery process? NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that: The criteria for the design -build delivery method for construction contracts is established. The County Manager or his designee is authorized to review and approve the criteria for each individual design -build project for compliance with these adopted criteria. ADOPTED this the 9th day of January, 2023. NEW HANOVER COUNTY William E. Rivenbark, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - January 9, 2023 ITEM: 13- 1 - 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/9/2023 Regular DEPARTMENT: Environmental Management PRESENTER(S): Joe Suleyman, Recycling and Solid Waste Director CONTACT(S): Joe Suleyman SU BJ ECT: Consideration of a Budget Amendment and Award of Contract for the Leachate Membrane Bioreactor Replacement Capital Project BRIEF SUMMARY: The New Hanover County Landfill treats its wastewater ("leachate") onsite in a multi -stage process. An important part of this process is biological treatment, which occurs in the Leachate Membrane Bioreactor (MBR) plant. The existing plant was constructed in the early 1990s and has exceeded its design life and has begun to fail, including leaks requiring the system to be taken offline. Recycling and Solid Waste Department staff have included funds towards the replacement of this system in their capital improvement project (Cl P) schedule beginning in FY18-19. On December 2, 2022, after re -advertisement, the Recycling and Solid Waste Department received two bids for the construction of a replacement Leachate Membrane Bioreactor (MBR) system. The two bids (including alternates) were evaluated by members of the department as well as engineers from CDM Smith, which designed the system and developed the bid specifications. After review, CDM Smith and the staff recommend the award to Turner Murphy, in the amount of $4,638,706.00. The lowest bid received for this project was $857,248 over budget, even after value engineering. The department requests that a budget amendment be approved reallocating $1,300,000 from the Lagoon Relining capital project to the Leachate MBR capital project to fully fund the project and retain sufficient reserves to address any potential change orders. The Lagoon Relining capital project will be re-established and funded over the next 5-year CIP plan without adversely affecting operations. STRATEGIC PLAN ALIGNMENT: • Good Governance o Effective County Management ■ Increase transparency and awareness about county actions RECOMMENDED MOTION AND REQUESTED ACTIONS: 1. Adopt budget amendment 23-043, transferring funds into the Biological Treatment Capital Project. 2. Approve the award of contract to Turner Murphy in the amount of $4,638,706 for the Leachate MBR Replacement project. ATTACHMENTS: Board of Commissioners - January 9, 2023 ITEM: 14 Budget Amendment 23-043 Bid Evaluation and Recommendation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Adopted the budget amendment and awarded the contract 5-0. Board of Commissioners - January 9, 2023 ITEM: 14 AGENDA: January 9, 2023 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: Environmental Management Capital Project Fund Department: Environmental Management Ex enditure. Decrease Increase Total BA 23-043 Lagoon Relining Capital Project $ (1,300,000) $ (1,300,000) BA 23-043 Transfer to Capital Project Fund $ 1,300,000 $ 1,300,000 Total $ (1,300,000)1 $ 1,300,000 $ - Prior to Actions Toda Lagoon Relining CP Budget $ 1,300,000 Fund: Leachate Treatment Fund Department: Environmental Management Total if Actions Taken $ - Expenditure: Decrease Increase 11 Total BA 23-043 Biological Treatment Cap Proj $ 1,300,000 11$ 1,300,000 Total $ - $ 1,300,000 $ 1,300,000 Revenue: Decrease Increase I Total BA 23-043 Transfer in from Capital Project $ 1,300,00d $ 1,300,000 Total $ - $ 1,300,000 $ 1,300,000 Prior to Total if Actions Actions Toda Taken Biological Trtmt CP Budget $ ),150,000 $ 10 450,000 Section 2: Explanation BA 23-043 will transfer $1.3M from the Lagoon Liner capital project to the Biological Treatment capital project. Environmental Management has received bids for the Biological Treatment project and the lowest bid came in at $857K over the current project budget. 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) 23-043 amending the annual budget ordinance for the fiscal year ending June 30, 2023, is adopted. Adopted, this 9th day of January, 2023. (SEAL) William E. Rivenbark, Chairman ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - January 9, 2023 ITEM: 14- 1 - 1 CDM Smith 5400 Glenwood Ave, Suite 400 Raleigh, NC 27612 tel: 919 325-3500 December 19, 2022 Joe Suleyman New Hanover County Department of Environmental Management 3002 U.S. Highway 421 North Wilmington, NC 28401 Subject: Bid Evaluation and Recommendation Leachate Membrane Bioreactor Upgrades Project New Hanover County, North Carolina Dear Mr. Suleyman: This letter presents an evaluation of the bids received for the leachate membrane bioreactor upgrades (Project) and our recommendation for the lowest responsible bidder to be awarded. Due to having received only two bids by the original bid deadline of November 14, 2022, the Project was readvertised, and two bids were received on December 2, 2022, at the Administration Building of the New Hanover County (County) Department of Environmental Management in Wilmington, North Carolina. As indicated in the specifications, the Project was bid as a lump sum amount and includes a heating system bid alternative for the aeration basin. CDM Smith Inc. (CDM Smith) evaluated the bids based on qualifications and the Total Bid Amount submitted by the contractors as discussed below. The work to be performed generally includes the construction of a new aeration basin and associated pumps, blowers, and chemical systems to treat leachate wastewater. The new basin will be integrated with an existing ultrafiltration process to function as a membrane bioreactor system. Other improvements include upgrades to the flushing system for the ultrafiltration membranes, upgrades to a laboratory space, and new facilities for handling residuals produced in the membrane bioreactor. BID EVALUATION CDM Smith evaluated the bids based on whether the bidder submitted all information as required by Section 002113 (Instructions to Bidders) of the Project specifications. A matrix is attached as Exhibit 1 showing all bidders, the information requested to be included in the bid packages and a summary of the bid amounts as publicly opened at the bid opening. Turner Murphy Company, Inc. (Turner Murphy) was the apparent low bidder after the public opening of the bids. Board of Commissioners - January 9, 2023 ITW:Tf$+2EWIRONMENT +TRANSPORTATION + ENERGY+ FACILITIES Smith Mr. Suleyman December 19, 2022 Page 2 REVIEW OF LOW BIDDER QUALIFICATIONS Bidders had to be prequalified with New Hanover County and provide a qualifications statement as required by Section 004513. The construction experience requirements for the Project included a minimum of three similar projects for which the contractor was contractually and financially responsible directly to the Owner/Client for completing and were completed under their organization's supervision, direction, and control. The qualification requirement was included to ensure that only contractors experienced in similar work were considered for award of the Project. Based upon our review of the documentation and discussions with project references, CDM Smith has determined that Turner Murphy meets the experience requirement. REVIEW OF BID PRICES Each lump sum bid was reviewed for mathematical errors and other discrepancies. Exhibit 1 provides a complete certified bid tabulation for your review. The Total Base Bid Amounts (from low to high) based on our evaluation are as follows: 1. Turner Murphy Company, Inc. $4,499,767.00 2. T.A. Loving Company $5,251,900.00 CDM Smith contacted Turner Murphy to evaluate the potential cost savings from reducing the scope of work for the Project to bring the project cost in alignment with the project budget. The attached letter itemizing the negotiated reduced scope of work and associated costs was provided by Turner Murphy on December 15, 2022. The revised scope of work results in a total cost reduction of $97,250.00, and a revised cost of $4,402,517.00 for the base amount. ENGINEER OPINION The bid received from Turner Murphy appears to reflect reasonable costs for the Project as described on the drawings and detailed in the specifications. Based on our evaluation of the Project bid, Turner Murphy has submitted a complete bid and meets the qualification requirements for the Project. Based upon our evaluation of the bid package, CDM Smith's opinion is that Turner Murphy's total bid amount, including negotiated scope and cost reductions, of $4,638,706.00 (base amount of $4,402,517.00 plus the bid alternate cost of $236,189.00) is reasonable, and the company is a qualified contractor capable of completing the Project. CDM Smith's opinion is contingent upon the following: ■ County will accept the alternate bid item. ■ County's satisfactory review of Turner Murphy's Minority and/or Women Business Enterprise Program documents. Board of Commissioners - January 9, 2023 04 ITEM: 14- 2 - 2 Smith Mr. Suleyman December 19, 2022 Page 3 ■ Determination that adequate funding is available for the project. ■ County has no questions or comments regarding the information provided herein. CDM Smith appreciates the opportunity to assist New Hanover County with this project. If you have questions or need any additional information, please do not hesitate to contact us. Very truly yours, Aproo Idl— Jonathan Treadway, P.E., BCEE, PMP CDM Smith Inc. cc: S. Hawes, New Hanover County A. McAllister, New Hanover County D. Forbes, PMP, CDM Smith Board of Commissioners - January 9, 2023 04 ITEM: 14- 2 - 3 EXHIBIT 1 - BID TABULATION NEW HANOVER COUNTY LEACHATE MEMBRANE BIOREACTOR UPGRADES - RFB 23-0329 Name of Company Attended Pre - Bid Meeting? Pre -Qualified with NHC? Contractor License # Bid Form Signed? Yes/No Bid Bond Included? Yes/No Sealed Bid? Yes/No Addenda Acknowledged? Qualification Questionnaire Included? Non -Collusion Affidavit Included? NHC M/WBE form Included? Total Base Bid Amount Aeration Basin Heating System Bid Alternate Bid Total (Base Bid + Bid Alternate Yes/No T.A. Loving Company Yes Yes 325 Yes Yes Yes Yes Yes Yes Yes $5,251,900.00 $109,400.00 $5,361,300.00 Turner Murphy Company, Inc. Yes Yes 9072 Yes Yes Yes Yes Yes Yes Yes $4,499,767.00 $236,189.00 $4,735,956.00 Representing New Hanover County (NHC) at the Bid Opening: Anne McCallister, Environmental Management Business Officer Bid Opening Date: December 2, 2022, at 11:00 A.M. I hereby certify that this bid tabulation was prepared by me or under my supervision. Jonathan Treadway, P.E., BCEE, PMP 136M Wh6imissioners - January 9, 2023 ITEM: 14- 2 - 4 N R S9 ��9 JoWthan ad ChlrJonatlian B Tre AL dnVualifiEg=A014�QDgQ90*i 0168810 00868, O�[Mfv}SV1TH 1 • ?2 20�2.01.15:40:41-05'00' Q y FH o TURNER MURPHY CO., INC. 2500 Southway Drive Rock Hill, SC 29730 12/15/22 Joe Suleyman -Director New Hanover Recycling and Waste Department 3002 Highway 421 North Wilmington, NC 228401 Landfill Leachate TIP Contract Credits Mr. Suleyman, Office 803-328-3874 Fax 803-328-8243 Through mutual conversations with CDM and New Hanover County we have identified the following credits to offer New Hanover County: 1. Removal of the Demolition work shown on Drawing C-1 including the wood barn, concrete block basin, old tank, associated piping and electrical from the scope of work: $40,000 credit 2. Removal of reinforcing and concrete from electrical ductbanks shown in Drawing E- 10: Approximately $7,000 credit for removing reinforcing; $7,000 credit for removing concrete for total = $14,000 credit 3. Allow multiple circuits of similar voltage in the same conduit, e.g., control wire or 120V power: $5,000 credit 4. Remove requirement for certified land survey (PLS): $10,000 credit 5. Remove requirement for 'witness' factory testing for the blowers and accept'unwitness' factory test results: $9,750 credit 6. Remove fabric and stone from a 50-ft X 50-ft (approx.) area with the 'Future' steel tank (refer to Drawing C-2) and restore to grass (seeded): $2,500 credit 7. Remove requirement for 'certified' industrial hygienist participation in Health and Safety Planning (Section 013526): $10,000 credit 8. Remove requirement for Cloud based project and scheduling software management: $6,000 credit Let us know if you need any additional information. Sincerely, ert Murphy President Board of Commissioners - January 9, 2023 ITEM: 14- 2 - 5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/9/2023 Regular DEPARTMENT: Planning PRESENTER(S): Robert Farrell, Senior Planner CONTACT(S): Robert Farrell; Rebekah Roth, Planning & Land Use Director SU BJ ECT: Public Hearing - NOTE: A request to withdraw this item has been received. Rezoning Request (Z22-18) - Request by Cindee Wolf with Design Solutions, applicant, on behalf of Giovanni Ippolito and Tanya Vlacancich, property owners, to rezone approximately 4.65 acres of land located at 6634 Carolina Beach Road from R-15, Residential to (CZD) RM F-M, Residential Multi -Family - Moderate Density for a multi -family development. BRIEF SUMMARY: The applicant is proposing to rezone approximately 4.65 acres from R-15, Residential to the RMF-M, Residential Multi- family - Moderate Density zoning district. The applicant is proposing to construct a four-story multi -family development consisting of 78 units with a maximum building height of 50 feet. The applicant's proposed conceptual plan includes 100-foot setbacks from adjacent residential uses, outdoor amenities including a swimming pool and pickleball courts, and indoor and outdoor parking. The development also proposes a right -turn lane off Carolina Beach Road and a sidewalk extending from the multi -family development to the highway. In addition, the conceptual plan indicates 1.3 acres, approximately 30% of the site, will be preserved as open space, exceeding the U nified Development Ordinance's (U DO's) requirement of 20% open space. The maximum proposed building height is 50 feet. Under the proposed RMF-M zoning district, multi -family dwellings are allowed an additional height allowance up to four stories provided they meet the additional 100-foot setback requirements from adjacent residential properties. Multi -family dwellings are required to provide 2 parking spaces for multi -family units containing more than 2 bedrooms, totaling 156 required spaces for the proposed development. To offset the increased impervious surface required by the 156 space parking requirement the proposed development includes a first -story parking garage. The site is accessed by Carolina Beach Road, an NCDOT maintained Urban Principal Arterial highway. Access is right- in/right-out with a proposed right -turn lane to serve the development. The right -turn lane is a voluntary addition to the development and will be subject to NCDOT requirements and permitting. The R-15 district in this area was established in 1971. At the time, the purpose of the R-15 district was to ensure that housing served by private septic and wells would be developed at low densities. Since that time, public and private water and sewer services have become available to the surrounding area; however, the Carolina Beach corridor remains primarily zoned for low density housing. While the site is zoned R-15, the Carolina Beach Road corridor has seen increased interest in higher density residential and commercial development such as the Myrtle Landing townhomes to the north and the Coral Ridge Subdivision to the south of the subject site. Board of Commissioners - January 9, 2023 ITEM: 15 As currently zoned, the site would be permitted up to 12 dwelling units at a density of 2.5 du/ac under the performance development standards. The proposed 78 units equate to an overall density of 17 du/ac. To meet the proposed density the development must connect to public water and sewer at the nearest connection to the south at Glenarthur Drive. It is estimated the site would generate approximately 11 AM and 14 PM trips during the peak hours if developed at the permitted density for performance development in the R-15 district. The proposed RMF-M development would increase the estimated number of peak hour trips by approximately 40 AM and 40 PM trips. The estimated traffic generated from the site is under the 100 peak hour threshold that triggers the ordinance requirement for a Traffic I mpact Analysis (TIA). Based on a generalized historic generation rate, staff would estimate that the increase in homes would result in approximately 14 additional students than would be generated under current zoning. One of the goals of the New Hanover County Strategic Plan for 2018-2023 is to encourage the development of complete communities in the unincorporated county by increasing housing diversity and access to basic goods and services. The proposed RMF-M CDZ zoning district would allow for an increase in housing diversity and would allow those residents to utilize existing goods and services within one mile of the subject property. The RMF-M district was established to provide lands that accommodate moderate density single and multi -family development. The intent of the district is to function as a transitional district between intensive nonresidential development and higher density residential areas. The district is designed to provide a reasonable range of choice, type, and location of housing units. The Comprehensive Plan classifies the property as Community Mixed Use, a land use classification that promotes a mix of retail, office, and residential development at moderate densities up to 15 units per acre and recommends higher -intensity mixed use with first floor retail and office with housing above at a building height range of 1 to 3 stories. The Planning Board considered this application at their December 1, 2022 meeting. Several members of the public spoke in opposition to the request citing concerns over traffic impacts, density, and the scale of the project. The Planning Board recommended denial of the petition (5-0). The Planning Board found the application INCONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed height and density of the development exceeds the height and density recommended for the Community Mixed Use place type. The Planning Board also found recommending DENIAL of the rezoning request is reasonable and in the public interest because while multi -family development acts as a buffer for lower density residential development, and parking garages help reduce impervious surface limits on projects, the overall scale of the proposed development would not be consistent with anticipated patterns of development in the Carolina Beach Road corridor. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Board of Commissioners - January 9, 2023 ITEM: 15 The Carolina Beach Road corridor has been designated as Community Mixed Use within the Comprehensive Plan. The plan recommends a mix of commercial uses and residential housing types that act as a transition between higher intensity and lower intensity development and identifies the scale of the recommended development at not more than 3 stories and 15 du/ac. The proposed development would act as a buffer between Carolina Beach Road and lower density residential development to the west, and the applicant has provided an additional lighting condition to mitigate potential adverse impacts on adjacent properties. While staff is generally supportive of higher density uses in this type of location, the proposed height of 4 stories and density of 17 dwelling units per acre exceeds the recommended maximum development patterns for the Community Mixed Use place type. As a result, Staff concurs with the Planning Board's recommendation and suggests the following motion: I move to DENY the proposed rezoning. I find it to be INCONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed height and density of the development exceeds the height and density recommended for the Community Mixed Use place type. I also find DENIAL of the rezoning request is reasonable and in the public interest because while multi -family development acts as a buffer for lower density residential development, and parking garages help reduce impervious surface limits on projects, the overall scale of the proposed development would not be consistent with anticipated patterns of development in the Carolina Beach Road corridor. Alternative Motion for Approval I move to APPROVE of the proposed rezoning. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because while the proposed height and density of the development exceeds those generally recommended for the Community Mixed Use place type, the number of stories containing residential units does not exceed 3 and the height is mitigated by increased setbacks from adjacent parcels. I find APPROVAL of the rezoning request is reasonable and in the public interest because it provides an alternative housing type that acts as a buffer for lower density residential and for the mitigation of additional impervious surface on the site, contributing to the kind of transitional development desired along highway corridors. Proposed Conditions: 1. 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 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 twenty (20) feet. 2. The Pickleball court amenity shown on the concept plan may be used for other outdoor recreational purposes. The amenity area as shown on the concept plan must remain an amenity for use by residents of the development and their guests. 3. The maximum height of the building shall not exceed 50 feet. 4. The proposed right turn lane must be approved and permitted by NCDOT. Changes to the concept plan to meet NCDOT requirements for the turn lane may be approved administratively by county staff. ATTACHMENTS: Z22-18 BOC Script Z22-18 Staff Report Z22-18 Zoning Map Z22-18 FLUM Application Co\er Sheet Board of Commissioners - January 9, 2023 ITEM: 15 Z22-18 Application Concept Plan Co\,er Sheet Z22-18 Concept Plan Public Comment Petition COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend denial as presented by staff. COMMISSIONERS' ACTIONS: Withdrawal of the item was approved 5-0. Board of Commissioners - January 9, 2023 ITEM: 15 BOARD OF COMMISSIONERS SCRIPT for Zoning Map Amendment Application (Z22-18) Request by Cindee Wolf with Design Solutions, applicant, on behalf of Giovanni Ippolito and Tanya Vlacancich, property owners, to rezone approximately 4.65 acres of land located at 6634 Carolina Beach Road from R-15, Residential to (CZD) RMF-M, Residential Multi -Family — Moderate Density for a multi -family development. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant's presentation 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 Denial While the Comprehensive Plan is generally supportive of higher density uses in this type of location, the proposed height of 4 stories and density of 17 dwelling units per acre exceeds the recommended maximum development patterns for the Community Mixed Use Place Type. I move to DENY the proposed rezoning. I find it to be INCONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed height and density of the development exceeds the height and density recommended for the Community Mixed Use place type. I also find DENIAL of the rezoning request is reasonable and in the public interest because while multi -family development acts as a buffer for lower density residential development, and parking garages help reduce impervious surface limits on projects, the overall scale of the proposed development would not be consistent with anticipated patterns of development in the Carolina Beach Road corridor. Board of Commissioners - January 9, 2023 ITEM: 15- 1 - 1 Alternative Motion for Approval I move to APPROVE of the proposed rezoning. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because while the proposed height and density of the development exceeds those generally recommended for the Community Mixed Use place type, the number of stories containing residential units does not exceed 3 and the height is mitigated by increased setbacks from adjacent parcels. I find APPROVAL of the rezoning request is reasonable and in the public interest because it provides an alternative housing type that acts as a buffer for lower density residential and for the mitigation of additional impervious surface on the site, contributing to the kind of transitional development desired along highway corridors. Proposed Conditions: 1 . 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 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 twenty (20) feet. 2. The Pickleball court amenity shown on the concept plan may be used for other outdoor recreational purposes. The amenity area as shown on the concept plan must remain an amenity for use by residents of the development and their guests. 3. The maximum height of the building shall not exceed 50 feet. 4. The proposed right turn lane must be approved and permitted by NCDOT. Changes to the concept plan to meet NCDOT requirements for the turn lane may be approved administratively by county staff. Alternative Motion for Approval/Denial: I move to [Approve/Deny] of the proposed rezoning to a CZD RMF-M district. I find it to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] I also find [Approval/Denial] of the rezoning request is reasonable and in the public interest because [insert reasons] Board of Commissioners - January 9, 2023 ITEM: 15- 1 - 2 STAFF REPORT FOR Z22-18 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z22-18 Request: Rezoning to a Conditional RMF-M district Applicant: Property Owner(s): Cindee Wolf with Design Solutions Giovanni Ippolito & Tanya Vlacancich Location: Acreage: 6634 Carolina Beach Road 4.65 PID(s): Comp Plan Place Type: R08200-001-036-000 Community Mixed Use Existing Land Use: Proposed Land Use: Undeveloped 78 Unit Multi -Family Residential Current Zoning: Proposed Zoning: R-15, Residential (CZD) RMF-M ZONING 11111 It Burr toec Norih y b Glenarrh o � ur-Dr 0 a ro v O Z22-18 S 0 R-15 ¢ New Hanover County, SURROUNDING AREA LAND USE ZONING North Religious Institution R-15 East Single -Family Residential R-15 South Single -Family Residential R-15 West Religious Institution and Single -Family Residential R-15 Z22-18 Staff Report BOC 1.9.2023 Page 1 of 18 Board of Commissioners - January 9, 2023 ITEM: 15- 2 - 1 AERIAL �. 8urrou9 - •a Site 1 - - 41 11 North IF Glenartf=l ZONING HISTORY April 7, 1971 Initially zoned R-15 (Area 4) COMMUNITY SERVICES Water/Sewer water and sanitary sewer services are available through CFPUA by extension of public utility mains Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire District, New Hanover County Federal Point Station 19 Schools Ashley High School, Murray Middle School, Anderson Elementary School Recreation Veterans Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation Developer delineated wetlands on the property. Historic No known historic resources Archaeological No known archaeological resources Z22-18 Staff Report BOC 1 .9.2023 Page 2 of 18 Board of Commissioners - January 9, 2023 ITEM: 15- 2 - 2 APPLICANT'S PROPOSED CONCEPTUAL PLAN North — - -- — — a • _ L.Proposed Right Turn Lane Pickleball Courts -- — 01. • 4-5iory•/00, t,, ✓ 78 Units / Over F -J ' y , Parking IIC�yj�\\� �� •` �M n,- poi .. Q Multi -Family Dwelling \ f f' ��o4dFor 5taormwateer Includes Staff Markups • The applicant is proposing to construct a four-story multi -family development consisting of 78 units. The first floor is proposed for parking with the remaining three floors for the dwelling units. • The proposed maximum height is 50 feet. • Under the proposed RMF-M zoning district, multi -family dwellings are allowed an additional height allowance up to four stories provided they meet the additional 100-foot setback requirements from adjacent residential properties. • The applicant's proposed conceptual plan includes 100-foot setbacks from adjacent residential uses, outdoor amenities including a swimming pool and pickleball courts and indoor and outdoor parking. • The development also proposes a right turn lane off Carolina Beach Road and a sidewalk extending from the multi -family development to the highway. • In addition to required lighting standards listed in Section 5.5 of the UDC), the development has proposed the following additional conditions: Z22-18 Staff Report BOC 1.9.2023 Page 3 of 18 Board of Commissioners - January 9, 2023 ITEM: 15- 2 - 3 o 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 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 twenty (20) feet. 0 10% of the total units shall be committed to work -force housing for a period no less than fifteen (15) years. The established rent limits for those units would be based upon the HUD's "high home standard." The applicant amended their condition at the Planning Board meeting dedicating a total of 10 units to work -force housing for no less than 15 years. • The applicant's proposed conceptual plan indicates 1.3 acres, approximately 30% of the site, will be preserved as open space, exceeding the UDO requirement of 20% open space. ZONING CONSIDERATIONS • The R-15 district in this area was established in 1971. At the time, the purpose of the R-15 district was to ensure that housing served by private septic and wells would be developed at low densities. Since that time, public and private water and sewer services have become available to the surrounding area; however, the Carolina Beach corridor remains primarily zoned for low density housing. • While the site is zoned R-15, the Carolina Beach Road corridor has seen increased interest in higher density residential and commercial development such as the Myrtle Landing townhomes to the north and the Coral Ridge Subdivision to the south of the subject site. • As currently zoned, the site would be permitted up to 12 dwelling units at a density of 2.5 du/ac under the performance development standards. The proposed 78 units equate to an overall density of 17 du/ac. • The RMF-M district was established to provide lands that accommodate moderate density single and multi -family development. The intent of the district is to function as a transitional district between intensive nonresidential development and higher density residential areas. The district is designed to provide a reasonable range of choice, type, and location of housing units. • The RMF-M district allows a maximum building height of 4 stories provided it meets the standards of Section 3.1.3.0 which requires 100-foot buffers from adjacent residential uses. • The Unified Development Ordinance (UDO) does not prescribe a specific height per story, however the maximum height of the proposed development is 50 feet. • Multi -family dwellings are required to provide 2 parking spaces for multi -family units containing more than 2 bedrooms, totaling 156 required spaces for the proposed development. • The proposed development includes a first -story parking garage to offset the increased impervious surface required by the 156 parking space requirement. Z22-18 Staff Report BOC 1.9.2023 Page 4 of 18 Board of Commissioners - January 9, 2023 ITEM: 15- 2 - 4 • The UDO contains controls on exterior lighting on the site. The maximum illumination levels at the common property line with the residential properties to the west shall not exceed 0.5- foot candles and 1.0-foot candles at the northern property line adjacent to the religious institution. The height of exterior light fixtures shall not exceed 25 feet and all exterior luminaries shall be full cut-off fixtures that are directed downward. In no case shall lighting be directed at or above a horizontal plane through the lighting fixture. The applicant's proposed condition reduces the maximum height to 20 feet. • A Type -A opaque buffer meeting the standards of Table 5.4.3.B.2 is required along the western property line adjoining single-family development. • To meet the proposed density the development must connect to public water and sewer at the nearest connection to the south at Glenarthur Drive. • While the applicant has provided a condition for dedicated work -force housing, a county program for monitoring compliance for this type of proposal has not been developed to date. However if approved, staff would develop the necessary mechanisms for compliance and include them in a future text amendment to the UDO. • If approved, the project would be subject to Technical Review Committee and Zoning Compliance review processes to ensure full compliance with all ordinance requirements and specific conditions included in the approval. Only minor deviations from the approved conceptual plan, as defined by the UDO, would be allowed. Z22-1 8 Staff Report BOC 1 .9.2023 Page 5 of 18 Board of Commissioners - January 9, 2023 ITEM: 15- 2 - 5 AREA SUBDIVISIONS UNDER DEVELOPMENT Z22-18 Staff Report BOC 1.9.2023 Page 6 of 18 Board of Commissioners - January 9, 2023 ITEM: 15- 2 - 6 TRANSPORTATION Site Access t ElPAP_ a tl -anP d��yl_ing ® North Place � Y—Ber(%u, + a DrNe M —Sago-Bay=Drive o _Halt' s� Burroughs Access 0 Proposed Entrance --Drive N From Carolina Beach o' - I GlenarMO. o_o privre a a- .°ter `?�Bancroft Q- � Za co C �'r�• S Site a. •o- U-Turn for North Bound Travel a� CypressV►rage �` �0 Place S -- iew Road - Primary Access �d _ - _ Drivafwaik e • Access is proposed to be provided to the subject property from Carolina Beach Road, a NCDOT-maintained Urban Principal Arterial highway. • Access is right-in/right-out on Carolina Beach Road with a proposed right -turn lane to serve the development. • The right -turn lane is a voluntary addition to the development and will be subject to NCDOT requirements and permitting. • While the property is approximately 4,000 feet south of a commercial center, the requirement to travel south to a U-turn before moving north increases the travel distance to nearby amenities to over a mile. • As currently zoned, it is estimated the site would generate about 1 1 AM and 14 PM trips during the peak hours if developed at the permitted density for performance development. Z22-18 Staff Report BOC 1.9.2023 Page 7 of 18 Board of Commissioners - January 9, 2023 ITEM: 15- 2 - 7 The proposed RMF-M development would increase the estimated number of peak hour trips by approximately 40 AM and PM trips. • The estimated traffic generated from the site is under the 100 peak hour threshold that triggers the ordinance requirement for a Traffic Impact Analysis (TIA). • As there is not a TIA associated with this project, the proposed right -turn lane will need to be reviewed and approved by NCDOT prior to TRC approval. Intensity Approx. Peak Hour Trips Existing Development: Undeveloped 0 AM / 0 PM 12 Single -Family Typical Development Dwellings — 1 1 AM / 14 PM under Current Zoning: Performance Development Proposed Development: 78-unit multi -family 47 AM / 54 PM development • Because a TIA is not required to analyze transportation impacts at this time, Staff has provided the volume to capacity ratio for the adjacent roadway near the subject site. While volume to capacity ratio, based on average daily trips, can provide a general idea of the function of adjacent roadways, the delay vehicles take in seconds to pass through intersections is generally considered a more effective measure when determining the Level of Service of a roadway. However, the available volume to capacity data indicates capacity currently exists in this area. NCDOT Average Annual Daily Traffic (AADT) - 2021 Road Location Volume Capacity ` V/C Carolina Beach Road Carolina Beach Road north 43,500 41,368 1.05 of Myrtle Grove Road • The Level of Service (LOS) of this portion of Carolina Beach Road is rated as `F.' Z22-1 8 Staff Report BOC 1 .9.2023 Page 8 of 18 Board of Commissioners - January 9, 2023 ITEM: 15- 2 - 8 Nearby Planned Transportation Improvements and Traffic Impact Analyses Z22-18 Staff Report BOC 1.9.2023 Page 9 of 18 Board of Commissioners - January 9, 2023 ITEM: 15- 2 - 9 Nearby Traffic Impact Analyses: Traffic Impact Analyses (TIAs) are completed in accordance with the WMPO and NCDOT standards. Approved analyses must be re-examined by NCDOT if the proposed development is not completed by the build out date established within the TIA. Proposed Development Land Use/Intensity TIA Status 1. River Oaks • 108 Single-family detached housing units • TIA approved July 24, 2020 • 2021 Build Out Year The TIA requires improvements be completed at certain recommended no improvements at any of the intersections. intersections in the area. The TIS Nearby Proposed Developments included within the TIA: • None Development Status: Development and improvements are currently under construction. ENVIRONMENTAL • The property is not within a Natural Heritage Area or the Special Flood Hazard Area. • The property is within the Lords Creek and Drains to ICW6 watersheds. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class I (Suitable), Class II (Moderate Limitation), and Class III (Severe Limitation) soils; however, the project is expected to be served by CFPUA if developed. The proposed concept plan has identified wetlands on the southwestern portion of the site. The identified wetlands are outside the development area of the project and the applicant has provided a 25-foot setback from the wetlands. OTHER CONSIDERATIONS Schools I • Students living in the proposed development would be assigned to Anderson Elementary School, Murray Middle School, and Ashley High School. Students may apply to attend public magnet, year-round elementary, or specialty high schools. • A maximum of 12 dwelling units would be permitted under the current R-15 zoning base density, and 78 units could potentially be developed under the proposed zoning for an increase of 66 dwelling units. Based on a generalized historic generation rate*, staff would estimate that the increase in homes would result in approximately 14 additional students than would be generated under current zoning. The general student generation rate provides only an estimate of anticipated student yield as different forms of housing at different price points yield different numbers of students. Z22-1 8 Staff Report BOC 1 .9.2023 Page 10 of 18 Board of Commissioners - January 9, 2023 ITEM: 15- 2 - 10 Over the past four years, staff has also seen a decline in the number of students generated by new development. Student numbers remained relatively stable between 2015 and 2020 (excepting the impacts of the COVID-19 pandemic), while 14,500 new residential units were permitted across the county. In addition, the student population is anticipated to only grow by approximately 1,300 students over the next 10 years based on the recent New Hanover County Schools Facility Needs Study. Development Type Intensity Estimated Student Yield (current general student generation rate) Existing Development Undeveloped Approximate" Total: 0 (0 elementary, 0 middle, 0 high) Typical Development Under 1 2 residential units Approximate" Total: 3 Current Zoning (1 elementary, 1 middle, 1 high) Proposed Zoning 78 residential units Approximate" Total: 17 (7 elementary, 4 middle, 5 high) *The current general student generation rate was calculated by dividing the New Hanover County public school student enrollment for the 2022-2023 school year by the number of dwelling units in the county. Currently, there are an average of 0.22 public school students (0.09 for elementary, 0.05 for middle, and 0.07 for high) generated per dwelling unit across New Hanover County. These numbers are updated annually and include students attending out - of -district specialty schools, such as year-round elementary schools, Isaac Bear, and SeaTech. **Because the student generation rate often results in fractional numbers, all approximate student generation yields with a fraction of 0.5 or higher are rounded up to a whole number and yields with a fraction of less than 0.5 are rounded down. This may result in student numbers at the elementary, middle, and high school levels not equaling the approximate total. Since the residential components associated with the proposed rezoning are likely to have a build -out date within 5 years per the Traffic Impact Analysis, staff has outlined existing school capacity to provide a general idea of the potential impact on public schools. Staff has provided information on existing school capacity to provide a general idea of the potential impact on public schools, but these numbers do not reflect any future capacity upgrades. School Enrollment* and Capacity** (2022-2023 School Year) Projected Capacity of Funded or Total Enrollment of Assigned Capacity of Planned Level NHC School Assigned Capacity Assignment School School Capacity School w/Portables Upgrades Elementary 91 % Anderson 291 314 93% None Middle 92% Murray 882 889 99% None High 93% Ashley 1983 1990 99.6% None *Enrollment is based on the New Hanover County Schools student numbers for the 2022-2023 school year. **Capacity calculations were determined based on the capacities for the 2022-2023 school year, and funded or planned capacity upgrades were those included in the Facility Needs Study presented by New Hanover County Schools to the Board of Education in January 2021. This information does not take into account flexible scheduling that may be available in high school settings, which can reduce the portion of the student body on campus at any one time. Z22-18 Staff Report BOC 1.9.2023 Page 11 of 18 Board of Commissioners - January 9, 2023 ITEM: 15- 2 - 11 • The 2021 facility needs survey prepared by Schools staff indicates that, based on NC Department of Public Instruction (DPI) student growth projections and school capacity data, planned facility upgrades, combined with changes to student enrollment patterns, will result in adequate capacity district wide over the next ten years if facility upgrades are funded. New Hanover County Strategic Plan • One of the goals of the New Hanover County Strategic Plan for 2018 — 2023 is to encourage the development of complete communities in the unincorporated county by increasing housing diversity and access to basic goods and services. • The proposed RMF-M CZD zoning district would allow for an increase in housing diversity and would allow those residents to utilize existing goods and services within one mile of the subject property. • The predominant housing type in the area is single family detached at 72%. Under the proposed RMF-M district the site would allow for multi -family residential (apartments) and increase housing type diversity by reducing the percentage of single family detached (72% to 71 %) and increase the percentage of multi -family units (10% to 11 %). • The subject property is located in the Veterans Park community area, where 61 % of residents currently live within one mile of a convenience (grocery store, retail staples, pharmacies, etc.), a support service (urgent care, primary doctor's office, child & adult care, etc.), and a community facility (public park, school, museum, etc.). The proposed RMF-M district would increase the number of residences within one mile of goods and services (60.7% to 61.3%). Z22-18 Staff Report BOC 1.9.2023 Page 12 of 18 Board of Commissioners - January 9, 2023 ITEM: 15- 2 - 12 Representative Developments Representative Developments of R-15: Clay Crossing Subdivision in Porters Neck Cottage Grove Subdivision in Ogden Z22-18 Staff Report BOC 1.9.2023 Page 13 of 18 Board of Commissioners - January 9, 2023 ITEM: 15- 2 - 13 Representative Developments of Multi -Family Apartments: Amberleigh Shores in Ogden Grand View in Wilmington Z22-18 Staff Report BOC 1.9.2023 Page 14 of 18 Board of Commissioners - January 9, 2023 ITEM: 15- 2 - 14 Context and Compatibility • The property is located adjacent to Carolina Beach Road with right -in / right -out access to the highway. • The property is located south of Veterans Park and the elementary, middle, and high schools however there is no pedestrian infrastructure in place and all traffic must travel south approximately 1,800 feet to a U-turn movement on Carolina Beach Road to travel north. • The subject property is one of several undeveloped tracts along Carolina Beach Road and acts as a buffer between the highway and lower density single-family development to the west. • Most of the surrounding land is either undeveloped or used for single-family development and religious institutions. • The subject property is bordered by the Lord's Creek Subdivision to the west and a religious institution to the north. • Due to the size of the parcel and access onto Carolina Beach Road, the property is less likely to be developed with lower density detached single family housing. • The proposed concept plan positions a portion of the stormwater facilities closer to the existing single-family homes to the south of the site, and 100-foot setbacks are required from adjacent residential development. • In addition to the setback and buffer requirements of the UDO, the applicant has agreed to additional exterior lighting conditions to reduce the potential impact on neighboring residential uses. 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. Mau Nil o722-18 GENERAL RESIDENTIAL COMMUNITY MIXED USE CONSERVATION Z22-18 Staff Report BOC 1.9.2023 Page 15 of 18 Board of Commissioners - January 9, 2023 ITEM: 15- 2 - 15 Future Land Use Community Mixed Use Map Place Type Focuses on small-scale, compact, mixed use development patterns that serve Place Type all modes of travel and act as an attractor for county residents and Description visitors. Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi -family and single-family residential. The Comprehensive Plan designates this property as Community Mixed Use, a land use classification that promotes a mix of retail, office, and residential development at moderate densities up to 15 units per acre. This classification is generally applied to areas intended as community -level service nodes and / or transitions between lower density housing and higher intensity development. Community Mixed Use specifically identifies the Carolina Beach Road corridor as appropriate for the place type and recommends higher -intensity mixed use with first floor retail and office and housing above, with a Analysis building height range of 1 to 3 stories. The place type also states areas disconnected from mixed use centers may not be appropriate for increased density. The RMF-M district is intended to act as a transitional district between residential and commercial development. The proposed project would provide a buffer between the highway and single-family development. However, the proposed density of 17 du/ac exceeds the 15 du/ac recommended for the Community Mixed Use place type. In addition, the proposed 4 story development also exceeds the height recommended in the place type. Consistency The proposed rezoning request is generally INCONSISTENT with the 2016 Recommendation Comprehensive Plan because the height and density proposed with the development exceed those recommended by the Community Mixed Use place type. Z22-1 8 Staff Report BOC 1 .9.2023 Page 16 of 18 Board of Commissioners - January 9, 2023 ITEM: 15- 2 - 16 PLANNING BOARD MEETING The Planning Board considered this application at their December 1, 2022 meeting. Several members of the public spoke in opposition to the request citing concerns over traffic impacts, density, and the scale of the project. The Planning Board recommended denial of the petition (5-0). The Planning Board found the application INCONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed height and density of the development exceeds the height and density recommended for the Community Mixed Use place type. The Planning Board also found recommending DENIAL of the rezoning request is reasonable and in the public interest because while multi -family development acts as a buffer for lower density residential development, and parking garages help reduce impervious surface limits on projects, the overall scale of the proposed development would not be consistent with anticipated patterns of development in the Carolina Beach Road corridor. STAFF RECOMMENDATION The Carolina Beach Road corridor has been designated as Community Mixed Use within the Comprehensive Plan. The plan recommends a mix of commercial uses and residential housing types that act as a transition between higher intensity and lower intensity development and identifies the scale of the recommended development at not more than 3 stories and 15 du/ac. The proposed development would act as a buffer between Carolina Beach Road and lower density residential development to the west, and the applicant has provided an additional lighting condition to mitigate potential adverse impacts on adjacent properties. While staff is generally supportive of higher density uses in this type of location, the proposed height of 4 stories and density of 17 dwelling units per acre exceeds the recommended maximum development patterns for the Community Mixed Use place type. As a result, staff concurs with the Planning Board's recommendation and suggests the following motion: I move to recommend DENIAL of the proposed rezoning. I find it to be INCONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed height and density of the development exceeds the height and density recommended for the Community Mixed Use place type. I also find recommending DENIAL of the rezoning request is reasonable and in the public interest because while multi -family development acts as a buffer for lower density residential development, and parking garages help reduce impervious surface limits on projects, the overall scale of the proposed development would not be consistent with anticipated patterns of development in the Carolina Beach Road corridor. Z22-1 8 Staff Report BOC 1 .9.2023 Page 17 of 18 Board of Commissioners - January 9, 2023 ITEM: 15- 2 - 17 Alternative Motion for Approval I move to recommend APPROVAL of the proposed rezoning. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because while the proposed height and density of the development exceeds those generally recommended for the Community Mixed Use place type, the number of stories containing residential units does not exceed 3 and the height is mitigated by increased setbacks from adjacent parcels. I find recommending APPROVAL of the rezoning request is reasonable and in the public interest because it provides an alternative housing type that acts as a buffer for lower density residential and for the mitigation of additional impervious surface on the site, contributing to the kind of transitional development desired along highway corridors. Proposed Conditions: 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 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 twenty (20) feet. 2. The Pickleball court amenity shown on the concept plan may be used for other outdoor recreational purposes. The amenity area as shown on the concept plan must remain an amenity for use by residents of the development and their guests. 3. The maximum height of the building shall not exceed 50 feet. 4. The proposed right turn lane must be approved and permitted by NCDOT. Changes to the concept plan to meet NCDOT requirements for the turn lane may be approved administratively by county staff. Z22-1 8 Staff Report BOC 1 .9.2023 Page 18 of 18 Board of Commissioners - January 9, 2023 ITEM: 15- 2 - 18 Case: Z22-18 Site Address: 6634 Carolina Beach Rd u Existing Zoning/Use: R-15 SITE 0 Proposed Zoning/Use: CZD RMF-M R-1 hp -Rd N .A Board of Commissioner's - January ITEM: 15- 3 - 1 850 Feet Case: Z22-18 Site Address: 6634 Carolina Beach Rd Conservation Board of Com Existing Zoning/Use: Proposed Zoning/Use: N R-15 CZD RMF-M r oners - Js :-954-1 Joey Ct Place Types COMMERCE ZONE EMPLOYMENT CENTER GENERAL RESIDENTIAL ■ URBAN MIXED USE ■ COMMUNITY MIXED USE ■ RURAL RESIDENTIAL Ir CONSERVATION 0 315 630 Feet I i I Initial Application Documents & Materials Board of Commissioners - January 9, 2023 ITEM: 15- 5 - 1 NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 1 10 Wilmington, North Carolina 28403 Telephone (910) 798-7165 FAX (9 7 0) 798-7053 planningdevelopment.nhcgov.com CONDITIONAL ZONING APPLICATION This application form must be completed as part of a conditional zoning application submitted through the county's online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the application, are set out in Section 10.3.3 of the Unified Development Ordinance. (Optional) Pre -Application Conference 1. Applicant and Property Owner Information Applicant/Agent Name Owner Name (if different from Applicant/Agent) Cindee Wolf Giovanni Ippolito & Tanya Vlacancich Company Company/Owner Name 2 Design Solutions Address Address P.O. Box 7221 154-30 Powells Cove Blvd. City, State, Zip City, State, Zip Wilmington, NC 28406 Beechhurst, NY 11357 Phone Phone 910-620-2374 917-881-0932 Email Email cwolf@lobodemar.biz gianniendo@msn.com Board of Commissioners - January 9, 2023 Page 1 of 6 ITEM: 15- 6-donditional Zoning District Application — Updated 05-2021 2. Subject Property Information Address/Location Parcel Identification Number(s) 6634 Carolina Beach Road 313206.37.2876 [R08200-001-036-0001 Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification 4.56 ac.+/- R-15 Community Mixed -Use 3. Proposed Zoning, Use(s), & Narrative Proposed Conditional Zoning District: CZD / RMF-M I Total Acreage of Proposed District: 4.56 ac. Please list the uses that will be allowed within the proposed Conditional Zoning District, the purpose of the district, and a project narrative (attach additional pages if necessary). Note: Only uses permitted in the corresponding General Use District are eligible for consideration within a Conditional Zoning District. The proposed project is to develop seventy-eight (78) residential apartment units in three stories over a ground -floor parking level. Units will be a mix of 1, 2 & 3-bedrooms. Guest and overflow parking is provided in a lot that will be screened from the highway by the building and streetscape plantings. The building height of fifty -feet (50') is being mitigated by expanded setbacks in excess of one -hundred feet (100'). The combination of screening fence, preservation of existing vegetation and supplemental landscaping will provide buffering between the more dense residential communtity and the adjacent single-family homes in Lords Creek. Access is directly to Carolina Beach Road, with the improvement of a deceleration taper and turn lane into the driveway. Water & sanitary sewer services will be connected to the CFPUA system by extention of public utility mains. Stormwater management is planned to be addressed with a detention pond adjacent to the existing drainageway for outlet. 4. Proposed Condition(s) Note: Within a Conditional Zoning District, additional conditions and requirements which represent greater restrictions on the development and use of the property than the corresponding general use district regulations may be added. These conditions may assist in mitigating the impacts the proposed development may have on the surrounding community. Please list any conditions proposed to be placed on the Conditional Zoning District below. Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process. Reference the site plan for layout and physical conditions. Wtih the purpose of increasing density in certain district with the provision of "work -force housing," the developer would commit 10% of the total units for a period no less than fifteen (15) years. The established rent limits for those units would be based upon the HUD's "high home" standard. 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 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 twenty (20) feet. Board of Commissioners - January 9, 2023 Page 2 of 6 ITEM: 15- 6-(2onditional Zoning District Application — Updated 05-2021 5. Traffic Impact Please provide the estimated number of trips generated for the proposed use(s) based off the most recent version of the Institute of Traffic Engineers (ITE) Trip Generation Manual. A Traffic Impact Analysis (TIA) must be completed for all proposed developments that generate more than 100 peak hour trips, and the TIA must be included with this application. ITE Land Use: Mid -rise / Multi -family Housing (ITE - 221) Trip Generation Use and Variable (gross floor area, dwelling units, etc.) 78 dwelling units AM Peak Hour Trips: 23 PM Peak Hour Trips: 31 6. Conditional Zoning District Considerations The Conditional Zoning District procedure is established to address situations where a particular land use would be consistent with the New Hanover County 2016 Comprehensive Plan and the objectives outlined in the Unified Development Ordinance and where only a specific use or uses is proposed. The procedure is intended primarily for use with transitions between zoning districts of dissimilar character where a particular use or uses, with restrictive conditions to safeguard adjacent land uses, can create a more orderly transition benefiting all affected parties and the community at -large. The applicant must explain, with reference to attached plans (where applicable), how the proposed Conditional Zoning district meets the following criteria. 1. How would the requested change be consistent with the County's policies for growth and development, as described in the 2016 Comprehensive Plan, applicable small area plans, etc. The policies for growth and development encourage safe and affordable housing to be available to every citizen. Sustainability of the County depends on sensible in -fill and maximizing use of lands already accessible to urban services. The proposed development will provide for an alternative housing product in the area. Board of Commissioners - January 9, 2023 Page 3 of 6 ITEM: 15- 6-donditional Zoning District Application — Updated 05-2021 2. How would the requested Conditional Zoning district be consistent with the property's classification on the 2016 Comprehensive Plan's Future Land Use Map. The Comprehensive Plan was developed to set the general direction for future growth and re- development across the County, and identifies the corrdior along Carolina Beach Road as a Community Mixed -Use place -type. Higher densities of residential development are appropriate based on direct access to a major thoroughfare road, and to serve as transitions between the busy corridors and the less dense residential communities beyond. The strategies for future land use suggest that smart growth should be inward & upward to limit impervious surfaces and provide more greenspace within projects. Groundfloor parking within a structure is a compelling means for addressing that. 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? The limited density allowance for the R-15 zoning district is no longer supported when considering the housing gap of the community for the next ten years. A housing needs assessment for New Hanover County showed that this area was lacking a renter share of households, in general. Multi -family rental, specifically, is totally lacking. The closest apartment complex is up on Sanders Road, and there is no other facility in the southern portion of the County. The study also reported that this area was an older population (55+) census block. Rental communities, such as the project proposed, provide an alternative housing product for residents. Aged residents would be attracted to the safety & security of a managed community with elevators and amenities. Pleasure Island service industry workers could appreciate the closer proximity to their jobs. Board of Commissioners - January 9, 2023 Page 4 of 6 ITEM: 15- 6-donditional Zoning District Application — Updated 05-2021 Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under "Applicant Initial". If an item is not applicable, mark as "N/A". Applications determined to be incomplete must be corrected in order to be processed for further review; Staff will confirm if an application is complete within five business days of submittal. Application Checklist []i 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 2 Community meeting written summary CAW ❑ Traffic impact analysis (if applicable) n/a 1RI 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 0 One (1) digital PDF copy of ALL documents AND plans CAW Board of Commissioners - January 9, 2023 Page 5 of 6 ITEM: 15- 6-CSonditional Zoning District Application — Updated 05-2021 7. Acknowledgement and Signatures By my signature below, I understand and accept all of the conditions, limitations, and obligations of the Conditional Zoning District zoning for which I am applying. I understand that the existing Official Zoning Map is presumed to be correct. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. If applicable, I also appoint the applicant/agent as listed on this application to represent me and make decisions on my behalf regarding this application during the review process. The applicant/agent is hereby authorized on my behalf to: 1. Submit an application including all required supplemental information and materials; 2. Appear at public hearings to give representation and comments; 3. Act on my behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of this application; and 4. Pliovidd Wr,tten X� Signature of Prope y er t Signature f Applicant/Agent and allcyAcliflons of approval. , Giovanni Ippolito Vic, CA,, �-A Print Name(s) Cynthia Wolf / Design Solutions Print Name Note: This form must be signed by the owner(s) of record. If there are multiple property owners, a signature is required for each owner of record. If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will be 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. Board of Commissioners - .Ian 9, 023 Page 6 of 6 ITEM: 15- 6 - C nc�11nci �oning District Application — Updated 05-202 i A CHELWOOD eN Legal Description for Conditional Zoning District Boundary At 6634 Carolina Beach Road Beginning at a point in the western boundary of Carolina Beach Road (U.S. Hwy. 421), a 160' public right-of-way; said point being located northwardly 417.75' along that western boundary from its intersection with the centerline of Glenarthur Drive (S.R. 2346), a 50' public right-of- way shown on a plat entitled Lords Creek Subdivision — Section 1, and recorded among the land records of the New Hanover County Registry in Map Book 36, at Page 190; and running thence from the said point of beginning: South 15044'09" West, 280.71 feet to a point; thence North 67048'50" West, 414.02 feet to a point; thence North 18052'49" West, 133.69 feet to a point; thence North 01013'52" West, 162.27 feet to a point; thence North 02058'08" West, 67.39 feet to a point; thence South 89034'15" East, 435.90 feet to a point in the western boundary of Carolina Beach Road; thence with that right-of-way, South 17010'32" East, 250.07 feet to the point and place of beginning, containing 4.56 acres, more or less. Board of Commissioners - January 9, 2023 ITEM: 15- 6 - 9 REPORT OF COMMUNITY MEETING REQUIRED BY NEW HANOVER COUNTY ZONING ORIDINANCE FOR CONDITIONAL DISTRICT REZONINGS Project Name: The Palm Grove — Carolina (6634 Carolina Beach Road) Proposed Zoning: R-15 to CZD/RMF-M 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 July 18, 2022 . A copy of that written notice and site layout are also attached. The meeting was held at the following time and place: Tuesday, August 2na 6:00 p.m.; at the Best Western Plus — Wilmington, 5600 Carolina Beach Road. The persons in attendance at the meeting were: Reference attached sign -in list The following issues were discussed at the meeting: Attendees were primarily from the Lords Creek community. A brief presentation was given on the housing deficit in the County, and the Recommendations of the Comprehensive Land Use Plan for higher density of development along busy highway corridors like Carolina Beach Road. The layout of the plan was shown to address how the building height would be mitigated by extended setbacks, fences & vegetated buffer yards. Stormwater management requirements were explained. Date: August 29, 2022 Applicant: Design Solutions By: Cindee Wolf Boarcl ot Commissioners - January 9, ITEM: 15- 6 - 10 Community Information Meeting 6634 Carolina Beach Road Apartments ©ate: August 2, 2022 Name Address Email (Optional) Yolanda & Tony McCluney 6621 Carolina Beach Rd yoperry@mindspring.com tmmccluney@mindspring.com �-J C� ► W � � � I� s .r �i4 - � � Nn J r c� Y� � � � �. ! f f c1 J-k Mdt/�-o , x DI V r� Tr/�Ro i . 1 h k. v e SsP Qmn,),(otn r aw I LO CQ.,ht� Goo psi rl�� f � � /1 C�) a.o [ . CC Giovanni Ippolito Owner /Developer gianniendo(@msn.com Cindee Wolf Project Planner cwolf@lobodemar.biz K"i r 10 Board of Commissioners - January 9, 2023 ITEM: 15- 6 - 11 h ri r OG N � IM r+i k!5 J iaK 00 k"Lj< e3 < 3 flY z F- aaC tu w I.D -. u F'- U u 1 w4 w to 7 ha P4 e � vp ea IU � tffj � in n Uj Z 00 tV O w z w Q z O :zi a O C7 Ir V w Q z U H O Ot N N az ua N N d� of .I P•. �N �r IN _ — IJ I �. IA ur ➢u rT � Gr 19 W a' ^- :?' IL Ca: rd e tu�0 F� —_- Ifl i— LL- o U 3: -- J U - �7)td r'd = ➢k�0A F4 A A -3 to 1- o r'J -- ' ra �Y Ld C`1 9 aA z u,LU t1r ": w J f... W d of LET r1{� Ld 7 P4 � V w � a z Z N m w e-1 O V r-I V hl r, tl, P- �r d] b] ui rj n, Q, I Board of Commissioners - January 9, 2023 ITEM: 15- 6 - 12 F— r z w V r r z Z) 2 0 V LLJ 0 LLJ r P r� rJ ¢ 17lI1, N C! -, "w =7 7aJ N T� N ra W Z X !. lir � In 4F 40 N:= J-F � Ll m O N iU U z z z 0 a u 0 O to t. rl � tIl A M -Z- In r RJ tq N .� x to r4 to --I IL e'� cr tia 4 J•d !u Z:F r~ v ua N w ,. W rLI V � Z oc ' ! v o 00 LLI w w o° U z g A' U z z Q z U N LD o 0 tO Board of Commissioners - January 9, 2023 ITEM: 15- 6 - 13 ADJACENT PROPERTIES WITHIN 500' PERIMETER OF 6634 CAROLINA BEACH ROAD: SUBJECT PROPERTY OWNER: IPPOLITO GIOVANNI ET UX 15430 POWELLS COVE BLVD FLUSHING, NY 11357 6634 CAROLINA BEACH RD WILMINGTON ADJACENT OWNERS: MAILING ADDRESS CITY / STATE / ZIP PROPERTY ADDRESS BARTLEY STEVE W PAMELA B 6703 CHELWOOD CT WILMINGTON, NC 28412 6703 CHELWOOD CT WILMINGTON BROWN RONALD P 568 BROADWATER RD ARNOLD, MD 21012 806 TANLAW CT WILMINGTON BUOL CLARENCE J BEVERLY C 1046 MARSHSIDE WAY LELAND, NC 28451 6707 CHELWOOD CT WILMINGTON CENATIEMPO RICHARD EILEEN 1123 PARK VIEW DR COVINA, CA 91724 900 GLENARTHUR DR WILMINGTON CFPUA 235 GOV CENTER DR WILMINGTON, NC 28403 914 GLENARTHUR DR WILMINGTON COLLINS EUGENE JR 314 TOULON DR WILMINGTON, NC 28405 6681 CAROLINA BEACH RD WILMINGTON CONNER CASSANDRA S 812 MACKAY CT WILMINGTON, NC 28412 812 MACKAY CT WILMINGTON CRAIG TRUST 814 MACKAY CT WILMINGTON, NC 28412 814 MACKAY CT WILMINGTON DERRICK CHARLES A MARGUERITE R 6701 OLIVER CT WILMINGTON, NC 28412 6701 OLIVER CT WILMINGTON DEWEY MICHAEL L 807 GLENARTHUR DR WILMINGTON, NC 28412 807 GLENARTHUR DR WILMINGTON DIGBY CHARLES B RHEA M TRUSTEES 820 GLENARTHUR DR WILMINGTON, NC 28412 820 GLENARTHUR DR WILMINGTON DRYE CLARENCE L ABIGAIL G 815 GLENARTHUR DR WILMINGTON, NC 28412 815 GLENARTHUR DR WILMINGTON ESTABROOKS MARILYN M LIFE EST ETAL 901 GLENARTHUR DR WILMINGTON, NC 28412 901 GLENARTHUR DR WILMINGTON FENDER DOROTHY 821 GLENARTHUR DR WILMINGTON, NC 28412 821 GLENARTHUR DR WILMINGTON HANKS CHAPEL AME CHURCH 6562 CAROLINA BEACH RD WILMINGTON, NC 28403 6562 CAROLINA BEACH RD WILMINGTON HESSE ARTHUR H KATHLEEN 6709 CHELWOOD CT WILMINGTON, NC 28412 6709 CHELWOOD CT WILMINGTON KOURY MARVEL E 6706 CHELWOOD CT WILMINGTON, NC 28412 6706 CHELWOOD CT WILMINGTON LASALLA THEODORE PATRICIA REV TRUST 114 WATERSFIELD RD LELAND, NC 28451 6600 OLIVER CT WILMINGTON LORDS CREEK HOA INC PO BOX 2298 CAROLINA BEACH, NC 28428 6626 CAROLINA BEACH RD WILMINGTON LORDS CREEK HOMEOWNERS ASSN PO BOX 2298 CAROLINA BEACH, NC 28428 908 GLENARTHUR DR WILMINGTON MCCLUNEY YOLANDA R TONY M 606 RYE RIDGE RD CARY, NC 27519 6621 CAROLINA BEACH RD WILMINGTON MCIRNEY KIMBERLY ROBERT 802 TANLAW CT WILMINGTON, NC 28412 802 TANLAW CT WILMINGTON MCNEIL HENRY PORTER JR 6647 CAROLINA BEACH RD WILMINGTON, NC 28412 6647 CAROLINA BEACH RD WILMINGTON METERKO TIMOTHY A KAREN J 809 GLENARTHUR DR WILMINGTON, NC 28412 809 GLENARTHUR DR WILMINGTON MEYERSON KATHLEEN C ETAL 6702 CHELWOOD CT WILMINGTON, NC 28412 6702 CHELWOOD CT WILMINGTON MITCHELL AMOS DWIGHT ETAL 4014 TROTTER RIDGE RD DURHAM, NC 27707 6673 CAROLINA BEACH RD WILMINGTON MURCH STEVEN GEORGE DIANNA MARIE 810 MACKAY CT WILMINGTON, NC 28412 810 MACKAY CT WILMINGTON MYRTLE GROVE COMMUNITY CENTER 6608 CAROLINA BEACH RD WILMINGTON, NC 28403 6608 CAROLINA BEACH RD WILMINGTON MYRTLE GROVE COMMUNITY CENTER 6608 CAROLINA BEACH RD WILMINGTON, NC 28403 6604 CAROLINA BEACH RD WILMINGTON MYRTLE GROVE HOLINESS 6601 CAROLINA BEACH RD WILMINGTON, NC 28403 6601 CAROLINA BEACH RD WILMINGTON OAK GROVE CEMETERY INC 6602 CAROLINA BEACH RD WILMINGTON, NC 28403 6602 CAROLINA BEACH RD WILMINGTON PACE MONICA B 904 GLENARTHUR DR WILMINGTON, NC 28412 904 GLENARTHUR DR WILMINGTON PALADINO MARISSA ETAL 6704 CHELWOOD CT WILMINGTON, NC 28412 6704 CHELWOOD CT WILMINGTON POPPE MICHELE H CHARLES S 805 GLENARTHUR DR WILMINGTON, NC 28412 805 GLENARTHUR DR WILMINGTON QUARLES SANDRA S 803 GLENARTHUR DR WILMINGTON, NC 28412 803 GLENARTHUR DR WILMINGTON RESTRICTED 123 ANYROAD DR WILMINGTON, NC 28409 6708 CHELWOOD CT WILMINGTON RHOADS PETE MALLERNEE III TRUSTEES 808 TANLAW CT WILMINGTON, NC 28412 808 TANLAW CT WILMINGTON RICK LEO J 819 GLENARTHUR DR WILMINGTON, NC 28412 819 GLENARTHUR DR WILMINGTON ROMAN CATHOLIC DIOCESE RALEIGH 7200 STONEHENGE DR RALEIGH, NC 27613 6650 CAROLINA BEACH RD WILMINGTON SANCTUARY CHURCH OF WILM PO BOX 2374 CAROLINA BEACH, NC 28428 6685 CAROLINA BEACH RD WILMINGTON SANCTUARY CHURCH OF WILM PO BOX 2374 CAROLINA BEACH, NC 28428 6687 CAROLINA BEACH RD WILMINGTON STEELE NANCY S 816 MACKAY CT WILMINGTON, NC 28412 816 MACKAY CT WILMINGTON STEWART WILLIAM M MARTHA J 813 GLENARTHUR DR WILMINGTON, NC 28412 813 GLENARTHUR DR WILMINGTON SUNDERLAND PRESTON J 804 TANLAW CT WILMINGTON, NC 28412 804 TANLAW CT WILMINGTON SURFSIDE PROPERTIES LLC PO BOX 16470 WILMINGTON, NC 28409 6600 CAROLINA BEACH RD WILMINGTON TICE JAMES N ETAL 817 GLENARTHUR DR WILMINGTON, NC 28412 817 GLENARTHUR DR WILMINGTON TOBY THOMAS MARI K 6605 OLIVER CT WILMINGTON, NC 28412 6605 OLIVER CT WILMINGTON TRACEY EILEEN 6705 CHELWOOD CT WILMINGTON, NC 28412 6705 CHELWOOD CT WILMINGTON TRIPP CHRIS D 905 GLENARTHUR DR WILMINGTON, NC 28412 905 GLENARTHUR DR WILMINGTON UN DENOMINATIONAL PENTECOSTAL 6622 CAROLINA BEACH RD WILMINGTON, NC 28403 6622 CAROLINA BEACH RD WILMINGTON WALKER J DOUGLAS SUSAN J 6602 OLIVER CT WILMINGTON, NC 28412 6602 OLIVER CT WILMINGTON WHISPERING PINES BAPTIST CHURCH 6547 CAROLINA BEACH RD WILMINGTON, NC 28412 6547 CAROLINA BEACH RD WILMINGTON WRIGHT ARMOND ETAL 1220 6TH ST S WILMINGTON, NC 28401 6646 CAROLINA BEACH RD WILMINGTON Board of Commissioners - January 9, 2023 ITEM: 15- 6 - 15 • Desiy�. Soiutio�.s Notice of Meeting July 18, 2022 To: Adjacent Property Owners From: Cindee Wolf Re: 6634 Carolina Beach Road The owners of this property are proposing an exciting new multi -dwelling community. The development will include seventy-eight (78) residential units in a building with ground floor parking, elevators and an attractive amenity package. An exhibit of the site plan is attached. Approval of a Conditional Zoning District allows particular uses to be established only in accordance with a specific plan, standards and conditions pertaining to each individual development project. The County requires that the developer hold a meeting for all property owners within 500 feet of the tract boundary, and any and all other interested parties. This provides neighbors with an opportunity for explanation of the proposal and for questions to be answered concerning project improvements, benefits and impacts. A meeting will be held on Tuesday, August 2nd, 6:00 p.m., at the Best Western Plus —Wilmington, 5600 Carolina Beach Road. If you prefer, or cannot attend, you are also welcome to contact me at Tel. # 910-620-2374, or Email: cwolf@lobodemar.biz with comments and/or questions. We appreciate your interest in the project and look forward to being a good neighbor and an asset to the community. P.O. Sox 7221, WilmiKgtoK, NC 28406 * Telephone: 910-620-2374 * Email: cwolf@lobodeMar.biz Board of Commissioners - January 9, 2023 ITEM: 15- 6 - 16 Concept Plan Board of Commissioners - January 9, 2023 ITEM: 15- 7 - 1 SAGO BAY DR n/f Charles A Marguerite R Derrick D.B. 322G-82G Zoning: R-1 5 Land Use: Re51dential n/f William M Martha Stewart D.B. G243-708 Zoning: R- 15 Land Use: Residential n/f Clarence L Abigail G Drye D.B. 4208-448 Zoning: R- 15 Land Use: Residential n/f James N Tice etal D.B. G 1 57-1 G85 Zoning: R- 15 Land Use: Re51dential OLIVER CTTAVLAW O�ti CT MACKAY hL,P CT CFIORLEY RD CdELWOOD CT n/f Undenominational PentaC05tal - \ D.B. 1 344- 1 340 Zoning: R- 15 Land Use: Church Ex. -- ------------------I Ex. 1 -g ----------- 2 21 / 5 69'34' 1 5_If I 2� s/ 2 435.90' /Zk �/ 10' Fence ufferyard� / BEdg o DBL P (JI22"q 25 Slde Setbacko o ) 4 P • 9i • • • 16„P � T L o 15"P • / / / / \\\\ •12 I 0110 zs" • / / / \ • \ 1 s"P I \ • 13P • 127' I• • / / / \\\\ • 157 26'P FEI 7 Vicinity Map (No Scale) / O I / / / / •80 I • 2P \ / ` / 13 D B L O 20P • 2 0 • 1 2"P • 1 2"P • \ Y' �loo • !'fo 3 • / 5N 12�P • e'P T' • 23 _- 31 -/ 147, I / • • DBL O / • _''✓ N3"P / / to "P j / 2y , • \ O� �/ 13p 3D P / I / / 30 P 2"o,F I V 13T • / / / 4"P • 22"P • / \ /I 1 \ I I 15"? 1-0 1..0 • ! :'F--6 2311P • • "o / - • I zl'O / W 29 / / I s"P • • 5"P 23"P • Q • Z a"O/ • 37' • 12"' • � I Y Za • 8"p • / / i 4"P • n Q O I / 4P • 4"P 51 4/4/8/ o I 1I,' IIIN' / � QUAD O • 1 2"O 1 4"P • 7"P • 8 O I• � / _� I 16 P• N I N a . e e • O"O m/ O 1 Pea �� 1 2"P • / 2 P . i 3'O/6 2"1 • - d2' / 26N I 2� �fVV9w%"O XI 111 /•.• 11� I •• �• -a. _ a13s P 2a e all P'a � „O • • • _ � � i 1/25" •/�� /11 a °o • • I 2/ / 32/P B 0,0 Fickle- Pickl4"P • Ball/I2P 12P 27' 2"0 • Pool 3O 12P 15 350 014T 6.0 a 6M • 2 1 ZT, D O 35'O 6M / / / \ I/ I � "Pa •19" �\14P 0 12T 7' e P• • --1 3? Dump5ter lW • eP 22P Pad4 � , 4-5toryEnclo5ure 76 Vt 13"0 0 0 13P LM � •7\P •_ • 10"O 2 \\j I \ \ ,-P n/f Leo J Rick D.B. 3074-1 27 Zoning: K-1 5 Land Use: Residential 2oP1 / • • 1 IT 'I nI 5 Over Iv /12" BL P 1 13" N \ / / C9 13T • 8/1O" DBL P • 4P ep / \ " • / 23 • \ INV \ LN OL IM 20"P 1 G.37 4"P • Jr 12"P • 2" • 14"P I •"P �� N W e '� • 9"O I � w a r I e • I I p(I et 2G9 ds'� / • 1 7"P LoI ' b�y DBL I II6 ;w w w 8 12" e 18"P • w � 13"P • I I "O • • w /SP I I TO W W / O/ • 12P • 1. It 3 P 12T • • ^P I5T • a • 4D " • \ 7P \ D O • 3"P \ • I 'O w I 5T • ' 1 3 0 14"P BL P 8"' • ` • X0 / 1 \ / 12"P / ` I P I" • 8• 9"O • pLl • 1 2"O \ • • 9"POP 1 5"C • / / 'f 2"P • 12/ 1 2/20" / / / / 3"P • I •�LYSL 3"P I / • y1 • • IF c•76"P / / 9 /• 5„C \ • 9"O I 1 3" t "P • 1 2'P • I O • 24 O / / 12"O 11 13"O \ 3 6/ 10 1 1"P • 13"P • 2" / 8"P /5"O oe 12"P •� / � r w � � 0 _ -/ �2��0 • �, � • 13"0 \ �\ / B/LO • 2"P • �l+"PP • 167 v w �i/ \ I T'O • 2 ., / • / E��D • 1 3•P • 13"P • \ O" \ / 1 2T 8"O • i �O Rear 13"P 15"0 1 -O •/ w S • a ti� • O 12"P • / 14T • 147' • \ 1 "P • W 30' Public Drainage 17"P • P • P • / 14"P • / %/W w Easement to be - Dedicated ♦� \ • / W-� / for 26� ♦ \ / \ 5torrn,A/ater 15T ' Management 13"' • / / ,� W W Traverse of Off -site 25 /O\2 F\.,\ • • 13" 3F 14"P • 'P • �w m w w �• � \ 2T' • • 10"O W W W Drainage Flow d • 4"P 7/ 2" 7/ 15" • / / / w / w r1'ard \ • DBL P \\ / DBL P N 6) A 48�\ / 6D L/1' w w � ♦ \ f DW: W ♦ \ / \ I0"DW • L / • gP w w n f / ��\/ \ / 3„P r • 18 P ' / /5"DW � W �ZDW W Dorothy 14"P 2� • Wetlawd5 5/ Fender D.B. 4897-2G58 IX Zoning: R- 15 Land Use: Re50ential Fire Life Safety Notes: I . New hydrants must be available for use prior to construction of the buildmCJ5 within any development. 2. Hydrants must be located within 8' of the curb. 3. Temporary street 51cjn5 shall be installed at each street intersection when construction of new roadways allows passage by vehicles. 4. Contractor shall maintain an all weather access for emergency vehicles at all times during construction. 5. A minimum of 5' shall separate underground fire ImP-5 or private water mains from other underground utllltIC5. G. Underground fire line * private water mains must be permitted * Inspected by the Fire Dept. from the public right-of-way to the building. 7. Construction Type - 55 8. Buildings will be sprinkled. 9. The FDC must be within 1 50' of a fire hydrant within 40' of fire apparatus placement. 10. Landscaping or parking can not block or Impede the FDC or fire hydrants. A 3-foot (3') clear space shall be maintained around the circumference of hydrants and FDC. I I . Installation of 5ecurlty gates across a fire apparatus road of parking lot shall be approved by the fire department. Tree Preservation Notes: I . Tree Preservation / Removal Permit 15 required prior to clearing * land disturbance. 2. Prior to any clearing, grading or construction activity, tree protection fencing will be installed around protected trees or groves of trees and no construction workers, tools, materials, or vehicles are permitted within the tree protection fencing. 3. Protective fencing 15 to be maintained throughout the duration of the project. Land clearing and construction contractors shall receive adequate instruction on tree protection requirements and methods. 4. Label protective fencing with signs to be placed every 50 linear feet, or at least two (2) per area, in both English Spanish "Tree Protection Area: Do Not Enter." P.O. Sox 7221 Wilmington, NC 28406 Tel. 910-620-2374 Desi Soiu60tgs n/f Perri Richardson D.B. G I OG-9 13 Zoning: R-1 5 Land Use: Re51dential \ �\\ 1 6"P • I I 4-0 zA DWDBL CyW II • / /y/ w w •a 18"C w // TP • 14" w w "P !� • I • • b"M \,, 16"P P / q 1 2 / Armond 4/4•0 , \ y 12"P 22"P 2/6 • Wright et 2 / \ 15"? • \\ DBL M 70,011 D.B. 4005 ♦ \ / Zoning: R- I \ W W W W W Land Use: Va n/f o" I \ •8 w w w w w / Chris D \ I W W W W W W / Tripp y D.B. G022- 1085 W W ZC� ♦ ♦ �I Zoning: K-1 5 / Land Use: Residential 9 n/f w Lords Creek / HOA / D.B. 225 1 -G70 Glenarthur Drive / S•R• 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 regulations. Stormwater Ma ** Note - All security and decorative lighting I . Stormwater m< shall be located 5o a5 not to shine or reflect requirement directly onto any adjacent residential property. greater that Grading / Er Site Inventory Notes: I . 50115: Le (Leon sand); Kr (Kureb sand) Be (Baymeade fine sand). 2. This property 15 not impacted by any AEC. 3. A "swamp forest" Conservation Overlay boundary has been buffered. 4. Th15 site 15 not impacted by any recognized historic or archeological significance. 5. No cemeteries were evidenced on the site. G. Regulated trees have been located, and are generally comprised of regulated hardwoods and Loblolly Pines. Tree protection details and mitigation requirements will be completed during detailed design $ permitting. 7. Jurisdictional wetlands along the outer boundary of the tract have been delineated, but are not being impacted. 8. There 15 no evidence of endangered species or habitat issues on the site. 9. This tract 15 not impacted by any Special Flood Hazard Area a5 evidenced on N.C. Flood Map 37203 1 32000K, Dated August 28, 201 8. 10. The site runoff will flow into the Lords Creek Watershed. Utility Notes: I . Ex15tin6j water and sanitary sewer services are currently available to the site from Cape Fear Public Utility Authority public mains. 2. All utility services, such as electric power, CATV, gas *- telephone shall be installed underground. 3. All water � sewer utIlltIC5 to be installed per CFPUA Technical Specifications � Standards. 4. Solid waste disposal will be by private contracted dump5ter pickup. Pro,ect No.: 22-03 Scale: 1"=30' Date: 08/29/2 2 Pco5on5: 09/14/22 for Open Space Data DROP INLET TOP 22.41 INV 17.49 N 0 N W E 5 LN 49 �O O INV 17.59 \ \ \ n/f p` Lords Creek HOA D.B. 225 1 -G70 Land Use: Vacant - - Common Area i II Preliminary Development Data: Gross 51te Area = 4.5G ac.± RMF-M Development @ 17 units per acre = max. 78 units. ** 78 Units Proposed ** Building Height - (3) Three-story over Ground Level Parkmg = 50' Parking - 78 Units @ 2 5p./unit = 15G spaces recid. ** Total I GO Spaces prov'd. ** Total Impervious Surfaces: Rooftops - 40,000 5.f.± Pavement - 28,000 5.f.± Walks - 8,200 5.f.± Total - 7G,200 5.f.± (35.4%) Open Space 4.5G ac. @ 20% = 39,72G 5.f. Kecid. ** 59,720 5.f.± (30. 1 %) Prov'd. ** Owner / Developer: Giovanni Ippolito Tanya Vlacancich 1 54-30 FOWC115 Cove Blvd Beechhur5t, NY 1 1 357 General Notes: I . New Hanover County Parcel Nos.: 3 1 320G.37.287G [R08200-001-03G-000] 2. Total Kezonmg Tract Area: 4.5G ac. 3. Exl5tincJ Zoning District: R- 15 Proposed Zoning D15trict: (CZD) RMF-M 4. Comprehensive Land Plan Place -type: Community Mixed -use Conditional Zoning District Concept Plan Case No.: N JV E 5 Graphic 5cale 30 20 10 O 15 30 GO Property Address: GG34 Carolina Beach Road The Palm Grove - Carolina A MUltl-famlly R,051dentlal Rental Community Federal Point Township / New Hanover County / North Carolina Board of Commissioners - January 9, 2023 ITEM: 15- 8 - 1 Public Comments In Support Neutral In Opposition 111 Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 1 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Joseph Leiteritz <mvolkmar@nhcgov.com> Sent: Sunday, November 20, 2022 2:46 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Joseph Leiteritz Address 6704 Dorrington Drive Wilmington, North Carolina 28412 United States Map It Email leiteritzj(a.yahoo.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment Ms. Wolf, On your application to the Planning and Development Committee for a permit on Parcel ID - 313206.37.2876 [R08200-001-036- 000] - 6634 Carolina Beach Road - you seemed to have an omission. While you state that you will set aside 10% for Low Income Housing, you seem to have stated no maximum for Low Income Housing allowed ? - Is it your intention to have the other 90% apartments rent at Wilmington Market Rate and are you willing to have your books audited to reflect this ? Additionally, you state that low income housing over 55 years old will be set aside. Will that be part of the 10% - some clarification is definitely needed on what percentage of rents will be fully paid by the renters and/or funded by some other government entities ? Will you have a live-in Manager onsite ? - will you have custodial on -site full time that is responsible for grounds/parking/maintenance ? Respectfully - Joseph Leiteritz - Lords Creek Resident Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 2 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Nancy Steele <mvolkmar@nhcgov.com> Sent: Monday, November 21, 2022 2:38 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) Attachments: public-comment-to-NHC-Planning.docx ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Nancy Steele Address 816 Mackay Ct. Wilmington, NC 28412 United States Map It Email nancysteele1(a)-comcast.net Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment My name is Nancy Steele and I reside at 816 Mackay Ct in the Lord's Creek Subdivision. I write to urge you to reject the proposed plan of development for 6634 Carolina Beach Rd. The proposed development fails to meet the needs of the surrounding community and will have a negative impact on properties that abut this 4.65 acre lot. The developer proposes increased setbacks to mitigate the 4-story, 50 foot building height but this is still wholly inadequate. At the public meeting, the owner tried to convince Lord's Creek residents that were in attendance that somehow a 10 foot buffer of vegetation would block the visual impact to our homes from the 50 foot tall towers next door. This is just not realistic. The rendering provided by Design Solutions shows that the lot will be totally cleared of all trees except for whatever vegetation will remain within approximately 10 ft. of the property line. The supplemental vegetation will be immature plants and will provide no visual screening. The privacy fence she proposes is maybe 10 feet tall. Again, how will this provide any visual screening for a 50 foot tall building? The developer proposes light posts no taller than 20 feet in the parking lot which is located on the side of the lot which is next to properties on Glenarthur Dr. Due to the topography of the lot which is slightly elevated above the lots on Glenarthur, effectively 20 feet may in effect be 24 feet. Please consider a height for light posts no higher than 12-15 feet. I fear my neighbors who back up to the side of the lot with the parking lot will have this annoying light pollution to contend with every night. This building is a complete departure from the design of the one and two story homes in every neighborhood for miles. I can't help but think it will increase a feeling of the hodge-podge of different businesses, residential homes, churches, etc. as you drive down Carolina Beach Rd. As a developer and a designer, I would aim for a more consistent aesthetic with what is already there. There are no 4 story apartment buildings as you travel on Carolina Beach for miles — until you get to the city of Wilmington. This does not seem to be a very sensible in -fill plan. The proposed development does not conform to the New Hanover County Future Land Use Plan for this location which is Community Mixed Use. This is supposed to follow a design that promotes multi -modal travel, and this location does not have any connection to sidewalks or bicycle lanes. So residents will need to have a car in order to live here. The property design creates an island of one and two bedroom apartments with limited access to walking or recreation or any other activities. Carolina Beach Rd at this location is unwalkable and unsafe for bicycling. In the New Hanover County Land Use Plan it Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 3 describes development intensity as moderate (only 2-3 stories) for multi -family residential dwellings. The Community Mixed Use designation is to serve as a transition between the denser residential communities and the busy corridors (Urban Mixed Use). It is a stretch to consider this location as a "transition zone to less dense residential communities beyond". This portion of Carolina Beach Rd is the "beyond area". A transition zone as it exists would be much further north. All the immediate areas surrounding this lot are less dense residential areas. The lot size is just too small for the number of units the developer would like to build. Because the footprint of the building, the parking lot, and the detention pond will take up 90% of the lot, there will be very little green space available to the residents on - site. Again they will have to travel by car to access other recreation. In light of the number of other projects under consideration for one and two bedroom apartments, if all these apartments are built as proposed, it will create a huge increase in traffic along Carolina Beach Rd. Currently, there are traffic backups in front of the Lord's Creek entrance on any given Thursday afternoon during the summer months due to vacationers arriving at their rentals. What happens, when Carolina Beach backs up, is that cars turn on Glenarthur Dr. and cut through to River Rd. to find an alternate north or south route. We already have a problem on Glenarthur Dr. with speeding. I have neighbors that have had their mailboxes knocked down by people barreling down this narrow, curving neighborhood street. I have experienced a sense of extreme caution when crossing the street in front of my house because of the blind curves and people driving too fast. It creates a situation where you better get across the street quickly or you may be hit! The cumulative effect of all the apartments that will be built on Carolina Beach Rd will create a greater traffic hazard on Glenarthur Rd. Another area of concern is the proposed retention pond. Will it exacerbate flooding during extreme rain events? What will h Upload supporting files • public-comment-to-NHC-Planning.docx Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 4 Mr. Robert Farrell New Hanover County Planner x7164 RE: Public Comment - Rezoning request for 6634 Carolina Beach Rd Dear Mr. Farrell: My name is Nancy Steele and I reside at 816 Mackay Ct in the Lord's Creek Subdivision. I write to urge you to reject the proposed plan of development for 6634 Carolina Beach Rd. The proposed development fails to meet the needs of the surrounding community and will have a negative impact on properties that abut this 4.65 acre lot. The developer proposes increased setbacks to mitigate the 4-story, 50 foot building height but this is still wholly inadequate. At the public meeting, the owner tried to convince Lord's Creek residents that were in attendance that somehow a 10 foot buffer of vegetation would block the visual impact to our homes from the 50 foot tall towers next door. This is just not realistic. The rendering provided by Design Solutions shows that the lot will be totally cleared of all trees except for whatever vegetation will remain within approximately 10 ft. of the property line. The supplemental vegetation will be immature plants and will provide no visual screening. The privacy fence she proposes is maybe 10 feet tall. Again, how will this provide any visual screening for a 50 foot tall building? The developer proposes light posts no taller than 20 feet in the parking lot which is located on the side of the lot which is next to properties on Glenarthur Dr. Due to the topography of the lot which is slightly elevated above the lots on Glenarthur, effectively 20 feet may in effect be 24 feet. Please consider a height for light posts no higher than 12-15 feet. I fear my neighbors who back up to the side of the lot with the parking lot will have this annoying light pollution to contend with every night. This building is a complete departure from the design of the one and two story homes in every neighborhood for miles. I can't help but think it will increase a feeling of the hodge-podge of different businesses, residential homes, churches, etc. as you drive down Carolina Beach Rd. As a developer and a designer, I would aim for a more consistent aesthetic with what is already there. There are no 4 story apartment buildings as you travel on Carolina Beach for miles — until you get to the city of Wilmington. This does not seem to be a very sensible in -fill plan. The proposed development does not conform to the New Hanover County Future Land Use Plan for this location which is Community Mixed Use. This is supposed to follow a design that promotes multi -modal travel, and this location does not have any connection to sidewalks or bicycle lanes. So residents will need to have a car in order to live here. The property design creates an island of one and two bedroom apartments with limited access to walking or recreation or any other activities. Carolina Beach Rd at this location is unwalkable and unsafe for bicycling. In the New Hanover County Land Use Plan it describes development intensity as moderate (only 2-3 stories) for multi -family residential dwellings. The Community Mixed Use designation is to serve as a transition between the denser residential communities and the busy corridors (Urban Mixed Use). It is a stretch to consider this location as a "transition zone to less dense residential communities beyond". This portion of Carolina Beach Rd is the Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 5 "beyond area". A transition zone as it exists would be much further north. All the immediate areas surrounding this lot are less dense residential areas. The lot size is just too small for the number of units the developer would like to build. Because the footprint of the building, the parking lot, and the detention pond will take up 90% of the lot, there will be very little green space available to the residents on -site. Again they will have to travel by car to access other recreation. In light of the number of other projects under consideration for one and two bedroom apartments, if all these apartments are built as proposed, it will create a huge increase in traffic along Carolina Beach Rd. Currently, there are traffic backups in front of the Lord's Creek entrance on any given Thursday afternoon during the summer months due to vacationers arriving at their rentals. What happens, when Carolina Beach backs up, is that cars turn on Glenarthur Dr. and cut through to River Rd. to find an alternate north or south route. We already have a problem on Glenarthur Dr. with speeding. I have neighbors that have had their mailboxes knocked down by people barreling down this narrow, curving neighborhood street. I have experienced a sense of extreme caution when crossing the street in front of my house because of the blind curves and people driving too fast. It creates a situation where you better get across the street quickly or you may be hit! The cumulative effect of all the apartments that will be built on Carolina Beach Rd will create a greater traffic hazard on Glenarthur Rd. Another area of concern is the proposed retention pond. Will it exacerbate flooding during extreme rain events? What will happen when we have a major Hurricane and 20 to 30 inches of rain comes down in a short period of time? Many residents of Chelwood Ct. reported the creek rose dangerously high during Hurricane Florence and into their backyards, and the bridge at the entrance to Lord's Creek had to be inspected after the storm because there was evidence that the road had been undermined. Will the retention pond create a concentrated flow of water further downstream, such that Lord's Creek properties that back up to the creek will experience flooding and possible damage to their homes? One of the proposed conditions of the rezoning would be a provision for Work Force Housing. The developer during her public meeting mentioned "The Bowen Report" as supporting the need for Work Force Housing as regards this property. However, having read the Bowen Report, I fail to see that the conclusions of the Bowen Report would support this development. The true need identified by Bowen was for affordable housing for retirees but it supported an unmet need for affordable, quality home ownership. Most retirees relocating to Wilmington would be looking for affordable homes to buy, not rent. For Work Force housing the location should be near a major employer such as a hospital, college, or other industrial or commercial employer. This location is remote from large employers. WFH should be a secondary consideration to other detrimental effects due to the design of the building. The housing gap in the community over the next ten years is not for more apartments. It is for affordable home ownership as supported by the Bowen report. Rental housing in the immediate area is not as the developer states in her application. She claims the closest rental housing is "up on Sanders Rd". This is not true. There is a 200 to 300 unit apartment complex on Halyburton Memorial Parkway, Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 6 less than a mile away from the proposed development. These are one, two and three bedroom apartments that would be desirable for a family. In comparison to the 6634 Carolina Beach property, this development on Halyburton is on sufficient acreage to provide a buffer between the apartment buildings and the surrounding single family homes. It is also connected by sidewalks so residents can walk to parks and the river or even to a shopping center on Carolina Beach Rd. This is the kind of apartment living that would be far superior to what the developer proposes. The developer stated that the vast majority of units will be one bedroom units which certainly does not support a family living situation. It seems like this would be more targeted to single people. In her conclusion, the developer states that her project would attract "aged residents". As someone who could be classified as "aged", I can affirm nothing would be more unattractive. She mentions another demographic living in the building which would be Pleasure Island service industry workers. Seriously — do you think retired people would find it desirable to live in a building with younger "20 something' service workers? I can imagine the noise created by bartenders and waitresses coming home at 2 or 3 AM. Busy elevators and noisy hallways are not conducive to a harmonious and peaceful living situation if higher density living is part of the mix. It would be better to produce townhouses or small patio homes so that people have privacy and breathing space. I think New Hanover County Planning can come up with a much better use for this property which will support the true future housing gap projected for Wilmington and be executed in a way that it is a net positive for the surrounding residents. Please reject the current proposal for 6634 Carolina Beach Rd. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 7 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Joseph Leiteritz <mvolkmar@nhcgov.com> Sent: Monday, November 21, 2022 11:45 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Joseph Leiteritz Address 6704 Dorrington Drive Wilmington, North Carolina 28412 United States Map It Email leiteritzj(a.yahoo.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment How many apartments will be 1 bedroom ? - 2 bedroom ? - 3 bedroom ? Will there be parking stickers handed out for each car ? - will each car that is allowed to park there be registered with management ? - who will monitor this ? how will you attempt to park ( estimated residents ) ??? - assuming every resident has at least 1 car ? in 70 spaces ? and that count includes guest parking ? - please note that public transportation is awful in New Hanover County compared to New York. Respectfully - Denise Leiteritz Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 8 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Joseph Leiteritz <mvolkmar@nhcgov.com> Sent: Tuesday, November 22, 2022 6:30 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Joseph Leiteritz Address 6704 Dorrington Drive Wilmington, North Carolina 28412 United States Map It Email leiteritzj(a.yahoo.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment Dear Committee, The tenant parking which appears to be about 70 spots, which does NOT include guest parking, is totally inadequate. The applicant states they want 78 Apartment Units The New Hanover County Law is 1.5 spaces for a 1 bedroom apartment, 2 spaces for a 2 bedroom apartment, and 2.25 spaces for a 3 bedroom apartment. Are parking spots going to be numbered to lawfully reflect this ? - If so - the count is way, way, short. This will clearly cause a parking congestion nightmare for the residents, but may also have the potential to overflow out on to Carolina Beach Road causing potential accidents and traffic nightmares. This stopped the project a few months ago at the The Carolinian Inn and should be all the reason to stop this project. Respectfully - Joseph Leiteritz Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 9 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Daeson Jakob <mvolkmar@nhcgov.com> Sent: Wednesday, November 30, 2022 4:17 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) Follow Up Flag: Follow up Flag Status: Flagged ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Daeson Jakob Address 1006 Saint Andrew's Dr Wilmington, North Carolina 28412 United States Map It Email daesoniakob(a)gmail.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Support project Public Comment I can't believe the NIMBY outrage over this. They complain about the price of housing, but then directly oppose measures that would address the price of housing. Having an apartment nearby is not going to decrease the home values of surrounding areas. Just total nonsense meant to keep Carolina Beach in the past. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 10 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Monique Hroncich <mvolkmar@nhcgov.com> Sent: Friday, November 25, 2022 4:35 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) Follow Up Flag: Follow up Flag Status: Completed ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Monique Hroncich Address 339 Okeechobee Rd 339 Okeechobee Rd Wilmington, Wilmington NC United States Map It Email Moniquehroncich(cDgmail.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Neutral Public Comment ABC Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 11 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Susan Westberry <mvolkmar@nhcgov.com> Sent: Thursday, December 1, 2022 7:15 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Susan Westberry Address 7609 Huron Drive Wilmington, NC 28412 United States Map It Email Westberry.susan(a-)-gmail.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment This project is proposed in an area of single family residential developments and abuts Lords Creek and it's associated floodplains. It may be impacting some adjacent wetlands as well but it's unclear from the preliminary drawings. This could result in major changes to water storage capacity and floodwater movement in and around this development. I have several objections to this project 1.the loss of floodwater storage and where that water will now go. This could cause issues to surrounding homes 2. Our schools are so overcrowded already. Putting in condensed housing in this area is really irresponsible when my 4th graders classroom is a converted closet because they have no room. 3. There is no infrastructure for that traffic. Are they going to put a new light on Carolina Beach Road and provide a crossover? Or are all of these units going to be further obstructing the ability to enter and exit the lords creek neighborhood? Getting out of the neighborhood and out of monkey junction in general at certain times of the day is a nightmare. Wilmington and New Hanover County is so poorly planned from an infrastructure perspective- please do not continue that trend and make things worse! Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 12 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Roberta Shelingoski <mvolkmar@nhcgov.com> Sent: Thursday, December 1, 2022 7:13 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Roberta Shelingoski Address 7612 Saint Clair Drive Wilmington, NC 28412 United States Map It Email cbshel@yahoo.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment The traffic on Carolina Beach Road is already dense. Exiting Lord's Creek and making the U-turn will be a nightmare. Woodlake owns their own roads. We do not need the additional traffic that will be using our neighborhood to access River Road. The explosion of construction in this County has to stop until infrastructure changes are made. Our schools are already at capacity, and the teacher shortage that's happening needs to be addressed before any other housing is allowed. I am strongly opposed to this zoning change. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 13 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Tanya Kuster <mvolkmar@nhcgov.com> Sent: Thursday, December 1, 2022 6:53 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Tanya Kuster Address 7854 Champlain Drive Wilmington, NC 28412 United States Map It Email dtkuster(a)gmail. com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment We do not need an another apartment complex especially in front of an existing development. It's already tough to turn right on CBR from Glenarthur in the summer. I can only imagine the increased traffic and potential accidents we will see if this complex is passed. Please vote NO to this project. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 14 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Steven Wright <mvolkmar@nhcgov.com> Sent: Thursday, December 1, 2022 6:11 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Steven Wright Address 1224 Spot Lane Carolina Beach, North Carolina 28428 United States Map It Email Wrightstevenwayne@gmail.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment Too high density and non -conforming to nearby areas. Traffic footprint too large. The main issue is the density of the project. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 15 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Kimberly Saghy <mvolkmar@nhcgov.com> Sent: Wednesday, November 30, 2022 11:20 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Kimberly Saghy Address 801 Alabama Ave Carolina Beach, NC 28428 United States Map It Email saghykim@gmail.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment I would like to see the Best Use study that was performed on this parcel of land. I don't feel the current infrastructure for this parcel will support the number of permanent occupants at this location. I fully oppose this proposed use for this parcel as it is proposed. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 16 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Sean Mulligan <mvolkmar@nhcgov.com> Sent: Wednesday, November 30, 2022 11:02 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Sean Mulligan Address 5756 Highgrove Place Wilmington, North Carolina 28409 United States Map It Email seanpmulligan(a)-gmail.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment I frequently travel this stretch of roadway and I can tell you that every day of the week it is overcrowded and I freequently see accidents (mostly "bumper bangers"). Adding this many high -density units with the additional traffic is not safe. Please do NOT rexone. Leave the single family zoning in place. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 17 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Maureen Sonday <mvolkmar@nhcgov.com> Sent: Wednesday, November 30, 2022 9:43 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Maureen Sonday Address 3620 Echo Farms Blvd Wilmington, NC 28412 United States Map It Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment I oppose the multi unit development on Carolina Beach Rd. This is a very busy commercial area without sidewalks. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 18 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Mari Toby <mvolkmar@nhcgov.com> Sent: Wednesday, November 30, 2022 9:17 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Mari Toby Address 6605 Oliver Ct. Wilmington, North Carolina 28412 United States Map It Email kathytobylmt@yahoo.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment I think putting apartments on this property is a terrible idea! There are no 5 story units anywhere near this area. It doesn't fit in with the area and would be an eyesore as well as likely having a negative impact on current property values. Also it is often very difficult turning right off of Glenarthur onto Carolina Beach Rd as it is, without the increase in traffic from 78 units all also turning right within a few hundred yards of Lords Creek entrance/exit. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 19 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Camille&John Daniels <mvolkmar@nhcgov.com> Sent: Wednesday, November 30, 2022 5:07 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Camille&John Daniels Address 405 Okeechobee rd Wilmington, NC 28412 United States Map It Email 405danielsCa)gmail.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment The area from lord's creek is known to drain into Ocean Forest lakes. There was flooding during Florence from runoff flowing into Champlain and down to Okeechobee in Ocean Forest lakes. With this parcel being stripped of vegetation and developed, there will be increased flooding. Developing that land will jeopardize other homes. Jeopardize others for the sake of a few. We are Vehemently opposed to the building & stripping of this land. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 20 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Sherry Hines <mvolkmar@nhcgov.com> Sent: Wednesday, November 30, 2022 4:49 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Sherry Hines Address 7801 Champlain Drive Wilmington, NC 28412 United States Map It Email Jshines0126(a)gmail.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment How can you build an apartment place at this location Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 21 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Jordyn Eichelberger <mvolkmar@nhcgov.com> Sent: Wednesday, November 30, 2022 3:58 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Jordyn Eichelberger Address 6938 ONTARIO RD WILMINGTON, NC 28412 United States Map It Email 6ordyneich gmail.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment This would greatly impact our already over saturated roadways. It is already difficult to navigate in and out of our neighborhoods, whether it be via Carolina Beach Road, or River Road. The roads here are already busy enough year round, from morning commuters, school traffic, and especially tourists. Developing the land surrounding our neighborhood would effect our drainage, as well. These families would need to send their children to our already overpopulated schools here in this district. I'm speaking on this public forum in opposition to this proposal. Please leave the small patch of land undeveloped for the good of the existing neighborhoods, infrastructure, and school system. Thank you. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 22 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Lori Hart <mvolkmar@nhcgov.com> Sent: Wednesday, November 30, 2022 3:58 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Lori Hart Address 7616 huron drive Wilmington, New Hanover 28412 United States Map It Email lori. hartpt@gmail.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment Please do not allow the population density related to a multi family complex come to this location. The area cannot support more students in the schools. The elementary school already has class with 20 kids literally in an old storage closet. The roads cannot support more vehicles especially at this location. The emergency services cannot attend to the increased population and this area it is already considered a food desert. Please do not allow the multi family complex to further escalate these already existing hardships for the tax paying residents of this area. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 23 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Jeremiah Blakeley <mvolkmar@nhcgov.com> Sent: Wednesday, November 30, 2022 3:42 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Jeremiah Blakeley Address 6906 Ontario Road NA, Wilmington 28412 United States Map It Email Iblakeley@trcgm.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment Schools are already at capacity!!!! Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 24 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Tabitha Auld <mvolkmar@nhcgov.com> Sent: Wednesday, November 30, 2022 2:49 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Tabitha Auld Address 7933 Huron Dr Wilmington, NC 28412 United States Map It Email tsummer23@gmail.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment PLEASE do not allow this development to proceed. The dangers of adding to the population in this area are not just limited to the already overflowing traffic issues with absolutely no traffic lights near the entrances and exits to the surrounding neighborhoods. Our schools are also already pushed to the max, children are already almost getting run over walking and biking to and from school on a daily basis. There have already been several new developments added that have contributed to the overpopulation in this specific area and it's a serious hazard to everyone to add even more to that. Please don't do this. For the safety of our kids and everyone else in this area. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 25 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Jordyn Eichelberger <mvolkmar@nhcgov.com> Sent: Wednesday, November 30, 2022 2:46 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Jordyn Eichelberger Address 6938 ONTARIO RD WILMINGTON, NC 28412 United States Map It Email 6ordyneich gmail.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment This would greatly impact our already over saturated roadways. It is already difficult to navigate in and out of our neighborhoods, whether it be via Carolina Beach Road, or River Road. The roads here are already busy enough year round, from morning commuters, school traffic, and especially tourists. Developing the land surrounding our neighborhood would effect our drainage, as well. These families would need to send their children to our already overpopulated schools here in this district. I'm speaking on this public forum in opposition to this proposal. Please leave the small patch of land undeveloped for the good of the existing neighborhoods, infrastructure, and school system. Thank you. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 26 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Christopher Marino <mvolkmar@nhcgov.com> Sent: Wednesday, November 30, 2022 12:43 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Christopher Marino Address 6409 Mott's Village Road Wilmington, NC 28412 United States Map It Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment This does not support or benefit the community in any way. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 27 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Jenny Tyner <mvolkmar@nhcgov.com> Sent: Wednesday, November 30, 2022 11:26 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Jenny Tyner Address 7404 Champlain Dr Wilmington, NC 28423 United States Map It Email Jennytyner@yahoo.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment This area cannot handle any more traffic! The roads are busy enough and with the U-turn system in place right in front of that area, this is going to be a nightmare, which as of now it already is at times! Also, there are three neighborhoods adjacent to this property that range anywhere from $250,000 to $500,000. Low income housing or Apartments is not what this area needs to bring down our property values!! Leave some land and stop developing everything. Wilm can't handle it anymore! It's ridiculous! Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 28 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of paige hinson <mvolkmar@nhcgov.com> Sent: Wednesday, November 30, 2022 10:37 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name paige hinson Address 7404 champlain dr wilmington, north carolina 28412 United States Map It Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment with a new development this will not only cause more traffic accidents with the amount of people trying to get in existing neighborhoods and churches but it was also overcrowd any nearby school. building more housing but not fixing existing problems like roads, lack of room in schools already, and jobs around the area would only make things worse for the local area. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 29 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Dorothy Fender <mvolkmar@nhcgov.com> Sent: Wednesday, November 30, 2022 10:34 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Dorothy Fender Address 821 Glenarthur Dr. Wilmington, NC 28412 United States Map It Email dbfender(a)-bellsouth.net Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment NHC Planning and Land Use RE: 6634 Carolina Beach Road Please see letters sent earlier by Beth Burgin and Nancy Steele, both of which get my endorsement. I've been a resident of Lord's Creek since 2005. In that time we've seen lots of development which, although not always welcome, is understandable because this is such a great place to live. I'd like to see it continue as such. This proposed development and the required zone change takes us in the wrong direction for the southern end of New Hanover county. These types of medium to high density multi -family developments are better suited for the higher commercially trafficked areas around Monkey Junction. This is not a NIMBY issues, this is simply not a good choice for in -fill in this location. A 78-unit apartment building without sidewalks is not only unwise in terms of increased traffic issues because people would have to use their car but unsafe for the occupants regardless the demographic -- in case they can't or don't have a car. You try walking along Carolina Beach Road sometime. You'll experience first-hand, unsafe. This is a terrible location for this type of development. Ms. Wolf doesn't seem to have a handle on what demographic she'd be selling to in this location. Perhaps focus on either the "aged" population of the Pleasure Island service workers but not both. The last thing an "Aged" person wants is to live beside the 20-something party crowd, and vice versa I am sure. I strongly oppose this development in this location as proposed. Sincerely, Dorothy Fender 821 Glenarthur Dr. Wilmington NC 28412 Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 30 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Beth Fender -Burgin <mvolkmar@nhcgov.com> Sent: Wednesday, November 30, 2022 9:22 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Beth Fender -Burgin Address 821 Glenarthur Drive Wilmington, NC 28412 United States Map It Email rolferbeth@gmail.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment Mr. Robert Farrell and NHC Planning Dept. rfarrell@nhcgov.com RE: Case #Z22-18 6634 Carolina Beach Road Rezoning request Dear Mr. Farrell, I, along with my mother Dorothy Fender, reside at 821 Glenarthur Drive in the Lord's Creek subdivision. Our backyard directly abuts this proposed 4-story, 78 unit multi -family apartment building under consideration. We write to express opposition and urge the planning department to reject this development as currently proposed. If it is approved we would ask that the residents closest in proximity to the project be engaged as stakeholders in discussions going further. When I, Beth, first learned about this new development I was hoping we'd hear about a collection of 2-3 story townhomes because that's what we've seen inch this way with other developments. It was disconcerting to hear that a four-story, high - density residential rental building was being considered on such a small parcel of land. This is completely inconsistent with anything else for miles around. The potential noise pollution of a pickle -ball court adds insult to injury. As fun as the game may be, the noise factor is creating a problem for many municipalities all over the country. You might consider this and preempt their addition within earshot of residential areas. An indoor court or a playground instead? The noise of pickle -ball sounds bouncing off a 4-story building; not so lovely an addition to the neighborhood. Children playing on a playground? Bring it! SEP_sEP' I'm all for higher density residential — we all know it's coming. But we need it within designated Growth Nodes, per your own Long Range Planning projections. This little parcel is miles away from the Monkey Junction Growth Node and is completely cut off from access to sidewalks or walk/bike trails to surrounding amenities, unless one hops in a car. Residents will be married to their 4 wheels for any and all impromptu trips, errands, school functions, grocery or fun trips given our mass transit in this location now involves making a reservation with the new WAVES UBER-esque system. I applaud that transit option for many reasons but it defeats the purpose when higher density residential units are located outside the Growth Nodes. The summer beach traffic along Carolina Beach Road is already bad enough, please don't add to the problem by opening this corridor up to med/high- density apartments. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 31 The term "cost -burdened" is used in reference to affordable housing. How about cost burdened by having to maintain a vehicle?? As we consider where the med/high-density, workforce housing should be located, it makes sense to consider how walkable the location is first. Governor Cooper has signed several Executive Orders this year with an eye towards reducing North Carolina's fossil fuel dependence. I hope the Planning Dept, our County Commissioners and Developers are also paying attention to this instead of working at odds with those goals. With our long coastline, New Hanover County is on the leading edge of the effects of climate change. Reduction in our use of cars should be a huge priority. Not just for workforce housing folks or those who can least afford to maintain a car but for all of us. We live in an area where being outside is possible for a majority of the year. Let's put the most people where they can get outside and enjoy it. Not trapped in an apartment with no sidewalks. From your own Long Range Planning Projections, the purpose of a Growth Node;,AE , "A mix of commercial, residential, and other land uses will provide opportunities for residents to access services without a car, reducing the amount of traffic on roads. Greater densities also increases residents' transportation choices. Biking and walking to services becomes more convenient, and public transit becomes more affordable. As more people get out of their cars, interaction among residents and businesses increases and communities become more vibrant. Clustering growth in this way also promotes the conservation of natural resources and rural areas. These development nodes can provide the housing and jobs our population will need, limiting the necessity to develop green space." I would love to see more cohesion within our community as we continue to grow. This development will have the opposite effect for reasons outlined in Nancy Steele's letter to you, which I am 100% in agreement. Please don't create problems along this corridor or add to the traffic headaches by okaying any medium/high-density developments outside the Growth Nodes. Perhaps 2-3 story townhomes or patio homes would be a better choice for this location? Even a tight little cluster of tiny -homes. Even Duplexes or Quads. Just NO medium/high-density, please. Respectfully submitted, Beth Fender -Burgin & Dorothy Fender 821 Glenarthur Drive Wilmington NC 28412 H: 910-392-0296 Beth C: 704-301-5174 Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 32 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Lauren Silva <mvolkmar@nhcgov.com> Sent: Wednesday, November 30, 2022 8:54 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Lauren Silva Address 709 Francis Marion Drive Wilmington, NC 28412 United States Map It Email Laureng7772(aD-gmail.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment I am against this development Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 33 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Warren Smith <mvolkmar@nhcgov.com> Sent: Wednesday, November 30, 2022 8:46 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Warren Smith Address 710 Glenarthur Drive Wilmington, NC 28412 United States Map It Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment Please think about the impact this relentless building is having on the folks who already live here. Traffic is dangerous , we haven't added at all to local infrastructure. My wife teaches in NHCS in an overcrowded class in a school with teacher shortages. We need grow smartly. Not to mention there's a creek that runs through this land we can't keep messing with the waterways. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 34 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Raquel Ivins <mvolkmar@nhcgov.com> Sent: Wednesday, November 30, 2022 7:56 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Raquel Ivins Address 500 Dogwood Lane Wilmington, NC 28409 United States Map It Email rivins715(a)gmail.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment We have no sidewalks or easy access along this high-speed stretch of CBR. Safety being my primary concern. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 35 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Rebekah Eller -Dozier <mvolkmar@nhcgov.com> Sent: Wednesday, November 30, 2022 6:41 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Rebekah Eller -Dozier Address 7612 Huron Dr Wilmington, Nc 28412 United States Map It Email Becky.dozier05Ca)gmail.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment I bought my home based on zoning single family. Our end cannot handle such influx of people such a small space in the middle of single family neighborhoods. It introduces a new level of security issues. The traffic is already awful with school traffic and beach traffic. No to apartments and yes to single family homes!!! Kids play in our streets!!! Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 36 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Ronnie and Terry Bryant <mvolkmar@nhcgov.com> Sent: Tuesday, November 29, 2022 9:50 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Ronnie and Terry Bryant Address 7602 Pontchartrain Rd Wilmington, NC 28412 United States Map It Email rlbuop@gmail.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment Oppose due to land valuations. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 37 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Joe Offredo <mvolkmar@nhcgov.com> Sent: Tuesday, November 29, 2022 9:47 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Joe Offredo Address 7817 Champlain Dr Wilmington, NC 28412 United States Map It Email 6moffredo2007(d)-gmail.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment I oppose this development for several reasons. The first concern is traffic. It is very difficult to turn onto Carolina beach rd currently from Lords Creek especially during morning and evening high traffic times and summer peak season. Adding a complex of this density and size would increase this traffic difficulty further. Second this could also create additional cut through traffic into the Lords creek/Woodlake/Ocean Forest Lakes neighborhoods where roads are already in disrepair in Lords Creek and add to problems with high speed traffic in the neighborhood that already exist. Next the large amount of proposed units on such a small property is concerning and I am worried about the aesthetic of the property matching the surrounding neighborhood and areas and potentially lowering property values. Finally I am concerned about increased water runoff into surrounding areas that would create possible flooding in a flood prone area i.e. Lords Creek. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 38 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Joe Offredo <mvolkmar@nhcgov.com> Sent: Tuesday, November 29, 2022 8:52 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Joe Offredo Address 7817 Champlain Dr Wilmington, NC 28412 United States Map It Email 6moffredo2007(d)-gmail.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment I oppose this development for several reasons. The first concern is traffic. It is very difficult to turn onto Carolina beach rd currently from Lords Creek especially during morning and evening high traffic times and summer peak season. Adding a complex of this density and size would increase this traffic difficulty further. Second this could also create additional cut through traffic into the Lords creek/Woodlake/Ocean Forest Lakes neighborhoods where roads are already in disrepair in Lords Creek and add to problems with high speed traffic in the neighborhood that already exist. Next the large amount of proposed units on such a small property is concerning and I am worried about the aesthetic of the property matching the surrounding neighborhood and areas and potentially lowering property values. Finally I am concerned about increased water runoff into surrounding areas that would create possible flooding in a flood prone area i.e. Lords Creek. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 39 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Penni Richardson <mvolkmar@nhcgov.com> Sent: Tuesday, November 29, 2022 8:37 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Penni Richardson Address 901 Glenarthur Drive Wilmington, NC 28412 United States Map It Email pbr413 yahoo.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment My name is Penni Richardson and I reside at 901 Glenarthur Dr. in the Lord's Creek Subdivision. I write to urge you to reject the proposed plan of development for 6634 Carolina Beach Rd. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 40 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Bethany Arnold <mvolkmar@nhcgov.com> Sent: Tuesday, November 29, 2022 8:15 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Bethany Arnold Address 520 Okeechobee Road Wilmington, North Carolina 28412 United States Map It Email bld072382CcDaol.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment We have major concerns regarding the increased traffic through Lords Creek, Woodlake, and Ocean Forest Lakes, as more people will use our roads as a cut through from Carolina Beach Road to River Road. Another big concern is the increase in traffic towards the back of our neighborhood from people dropping off and picking up their children at the schools. This is already an issue and will only worsen. The third concern is regarding flooding. Our neighborhoods are already seeing increased flooding after a regular rainstorm due to all of the overdevelopment. Some portions of roads are completely underwater after a rainy day. What will this look like after this moderate density project is complete? Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 41 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Chris Oring <mvolkmar@nhcgov.com> Sent: Tuesday, November 29, 2022 8:11 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Chris Oring Address 300 okeechobee road 300 okeechobee road Wilmington, Wilmington Nc United States Map It Email Laureng726aaol.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment STOP RE -zoning, period. Enough is enough. The greedy people in charge are ruining our beautiful Wilmington. As well, they are ridding the area of so many needed trees. It was zoned one way for a reason. LEAVE IT ALONE. NO MORE RE -ZONING. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 42 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Sheila Stubbs <mvolkmar@nhcgov.com> Sent: Tuesday, November 29, 2022 7:08 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Sheila Stubbs Address 707 Glenarthur Drive Wilmington, North Carolina 28412 United States Map It Email Artnswim(a)hotmail.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment The proposed site is too close to the entrance that is used by 3 large neighborhoods not just Lords Creek. Exiting and entering from Carolina Beach road is often challenging these additional units will make it dangerous. It will also add to the water run off problems causing flooding. It should be preserved as green space. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 43 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Brent McIntyre <mvolkmar@nhcgov.com> Sent: Tuesday, November 29, 2022 6:18 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Brent McIntyre Address 501 Okeechobee RD Wilmington, NC 28412 United States Map It Email subaruraIIy0QCa)gmail.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment This needs to be denied. This area is already overpopulated and it is going to cause flooding in Lords Creek, possibl y the schools and Ocean Forest Lakes. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 44 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Lisa Lavoie <mvolkmar@nhcgov.com> Sent: Tuesday, November 29, 2022 5:45 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Lisa Lavoie Address 421 Okeechobee Rd Wilmington, NC 28412 United States Map It Email Lisalavoie67@yahoo.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment This multi -family unit will change the landscape of Carolina Beach Rd in a negative way. There are currently no similar structures and this would stick out like a sore thumb. It would be a distraction to the area. The adjoining neighborhoods to this property would see an increase in traffic and road use as residents would cut through Lords Creek, Woodlake and Ocean Forest Lakes from CBRd to River road putting an undo burden on the neighborhood roads. These roads are maintained by the HOA's not the county. The increased traffic would be a safety hazard to the children and families playing and exercising in the area. The noise would be burdensome. The increased traffic would lower our property values. The infrastructure in the area is not equipped to continue building multi family dwellings. Developers often come in and level the area of trees and natural growth causing an eyesore to the landscape of the area. I am opposed to this project. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 45 Farrell, Robert From: Griffee, Julian Sent: Tuesday, November 29, 2022 4:28 PM To: Joni Williamson Monroe Cc: Farrell, Robert Subject: RE: Public Comment - Z22-20 Ms. Monroe, No problem —just wanted to verify! It will be placed with that rezoning case. Best, Julian G Julian Griffee Current Planner New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7444 p 1 (910) 798-7053 f jgriffee@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com From: Joni Williamson Monroe <joanrwmson@hotmail.com> Sent: Tuesday, November 29, 2022 4:27 PM To: Griffee, Julian <jgriffee@nhcgov.com> Cc: Farrell, Robert <rfarrell@nhcgov.com> Subject: Re: Public Comment - Z22-20 ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Hi! thought I put the right one. But the one I was referring to was z22-18 the 6634 CB road property Get Outlook for iOS From: Griffee, Julian <igriffee@nhcgov.com> Sent: Monday, November 28, 2022 5:01:21 PM To: joanrwmson@hotmail.com <ioanrwmson@hotmail.com> Cc: Farrell, Robert <rfarrell@nhcgov.com> Subject: Public Comment - Z22-20 Good afternoon Ms. Monroe, Our office received your public comment for a public hearing scheduled for next month. There are a couple of public hearing cases taking place between the Planning Board (December 15t) and the Board of Commissioners (December 51n) Two of these cases are taking place along Carolina Beach Road. I have attached the notice letters that contain the information of the cases that are to be heard the Boards. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 46 The information you entered has your public comment pertaining to case Z22-20, a rezoning request for the conversion of a single-family dwelling into an office space, located at 7100 Carolina Beach Road. This case will be heard at the Board of Commissioners meeting. The other Carolina Beach Road case is Z22-18, a rezoning request for a multi -family development at 6634 Carolina Beach Road and is scheduled for the Planning Board's meeting. Please verify that the Z22- 20 case is the correct case you are seeking to provide public commentary on. Thanks in advance! Best, Julian G Julian Griffee Current Planner New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7444 p 1 (910) 798-7053 f jgriffee@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCqov.com Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 47 Farrell, Robert From: Joni Williamson Monroe <joanrwmson@hotmail.com> Sent: Tuesday, November 29, 2022 4:27 PM To: Griffee, Julian Cc: Farrell, Robert Subject: Re: Public Comment - Z22-20 ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Hi! thought I put the right one. But the one I was referring to was z22-18 the 6634 CB road property Get Outlook for iOS From: Griffee, Julian <jgriffee@nhcgov.com> Sent: Monday, November 28, 2022 5:01:21 PM To: joanrwmson@hotmail.com <joanrwmson@hotmail.com> Cc: Farrell, Robert <rfarrell@nhcgov.com> Subject: Public Comment - Z22-20 Good afternoon Ms. Monroe, Our office received your public comment for a public hearing scheduled for next month. There are a couple of public hearing cases taking place between the Planning Board (December 15t) and the Board of Commissioners (December 51h) Two of these cases are taking place along Carolina Beach Road. I have attached the notice letters that contain the information of the cases that are to be heard the Boards. The information you entered has your public comment pertaining to case Z22-20, a rezoning request for the conversion of a single-family dwelling into an office space, located at 7100 Carolina Beach Road. This case will be heard at the Board of Commissioners meeting. The other Carolina Beach Road case is Z22-18, a rezoning request for a multi -family development at 6634 Carolina Beach Road and is scheduled for the Planning Board's meeting. Please verify that the Z22- 20 case is the correct case you are seeking to provide public commentary on. Thanks in advance! Best, Julian G Julian Griffee Current Planner New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7444 p 1 (910) 798-7053 f jgriffee@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCqov.com Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 48 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Laura Martin <mvolkmar@nhcgov.com> Sent: Tuesday, November 29, 2022 4:08 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Laura Martin Address 3731 SpiceTree Drive Wilmington, NC 28412 United States Map It Email Imartin11 WD-hotmail.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment We don't need any more affordable houses or high density residential projects in this city we have enough of them Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 49 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Lindsey Schroeder <mvolkmar@nhcgov.com> Sent: Tuesday, November 29, 2022 3:46 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Lindsey Schroeder Address 5417 Dawning Creek Way Wilmington, NC 28409 United States Map It Email lindel20@hotmaii.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment This road is already super congested. There are no side walks making this area non -walkable especially considering the amount of deaths that have already occurred along this stretch of road. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 50 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Charles Thompson <mvolkmar@nhcgov.com> Sent: Tuesday, November 29, 2022 3:27 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Charles Thompson Address 331 okeechobee rd Wilmington, Nc 28412 United States Map It Email cdt523 yahoo.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment Our city planners need to plan instead of just cashing in. Yoy sold out what was once beauty. Now it is all convey. You have completely destroyed this area ... we need more schools and less apartments... there is no more room for growth. Stop it.! They can drive to the beach from Leland and surrounding areas. Wilmington and Carolina Beach have forever been ruined all in the name of progress. There has been no clear plan for the future around here. Traffic is a nightmare, You had one chance and you ruined it. Now stop making it worse. We have too much thru traffic in our neighborhoods as it is. The schools are over capacity. How about you build these apartments next to your house... Or even better, look after the community that you were elected to serve and do not build these apartments Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 51 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of John Grubenmann <mvolkmar@nhcgov.com> Sent: Tuesday, November 29, 2022 3:14 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Board of Commissioners - Z22-20 (7100 Carolina Beach Rd) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name John Grubenmann Address 338 Early Dr. Wilmington NC 28412 WILMINGTON, NC 28412 United States Map It Email iohnrealtor(a)hotmail.com Projects available for comment. Board of Commissioners - Z22-20 (7100 Carolina Beach Rd) What is the nature of your comment? Oppose project Public Comment 4 stories? Probably relaxed setbacks as well. STOP doing this. Just because a developer paid more than they should hoping you'll rezone, doesn't mean you should rezone! Let the zoning be the zoning. No more 4 story apartments. "Affordable" housing and "Walkable"- that's all they have to say and you fold like a wet blanket. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 52 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of STEVEN ADRIAN <mvolkmar@nhcgov.com> Sent: Tuesday, November 29, 2022 2:57 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name STEVEN ADRIAN Address 506 SUPERIOR RD. WILMINMGTON, NC 28412 United States Map It Email SLADRIANI @AOL.COM Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment I have watched traffic increase in multiple units for the past 27 years to the point where safety is a major concern in this area. While our roads in Ocean, Forest, Lakes are considered private and their maintenenve is in our hands, this project will bring more traffic through our neighborhood and more cost to our already stressed budgets. Changing the nature of this area is also a major concern as multiple level housing does not fit into the neighborhood. New Hanover County is loosing all the aspects that have made it enticing to live here. Traffic in our neighborhood is affected by parents picking up their children attending the three schools we border. I strongly request that this project not be approved. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 53 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Charles ohnmacht sr <mvolkmar@nhcgov.com> Sent: Tuesday, November 29, 2022 2:57 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Charles ohnmacht sr Address 2540 Yolanda Dr Wilmington, N. C. 28409 United States Map It Email charlieosr(a-)-gmail.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment Too much traffic as it is Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 54 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Dean Stubbs <mvolkmar@nhcgov.com> Sent: Tuesday, November 29, 2022 1:49 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Dean Stubbs Address 707 Glenarthur Drive Wilmington, NC 28412 United States Map It Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment You have got to be kidding. You have plans to turn the much needed wetlands next to the entrance to Lords Creek into development ? You must not be stewards of the land. Any environmental protection agency would surely advise you against this. If you weighed the pros and cons, the scale would topple against your plan. Who's bright idea is this ? Who are the elected officials giving support, for future reference ? The Lord's Creek entrance is shared with two other developments, located behind it. It's already busy enough. The traffic is quite often a steady stream, which makes it difficult to enter and exit, already. Add another development with their entries and exits, along with visitors to Pleasure Island and you'll have to add traffic lights. Another intersection that close to the high school will cause a heavier flow of traffic, year-round. The safety factors would be too intense. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 55 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Dean Stubbs <mvolkmar@nhcgov.com> Sent: Tuesday, November 29, 2022 1:46 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Dean Stubbs Address 707 Glenarthur Drive Wilmington, NC 28412 United States Map It Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment You have got to be kidding. You have plans to turn the much needed wetlands next to the entrance to Lords Creek into development ? You must not be stewards of the land. Any environmental protection agency would surely advise you against this. If you weighed the pros and cons, the scale would topple against your plan. Who's bright idea is this ? Who are the elected officials giving support, for future reference ? The Lord's Creek entrance is shared with two other developments, located behind it. It's already busy enough. The traffic is quite often a steady stream, which makes it difficult to enter and exit, already. Add another development with their entries and exits, along with visitors to Pleasure Island and you'll have to add traffic lights. Another intersection that close to the high school will cause a heavier flow of traffic, year-round. The safety factors would be too intense. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 56 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Jason Eudy <mvolkmar@nhcgov.com> Sent: Tuesday, November 29, 2022 1:34 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Jason Eudy Address 7135 Ontario Rd 7135 Ontario Rd Wilmington, NC 28412 United States Map It Email Jason.eudyCaDgmail.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment The proposed multi family unit near Woodlake, Ocean Forest Lakes and Lords Creek should not be built. The impact on the environment, including planned water run off and sound pollution, are not issues I would expect the NHC planning commission to allow in our area. Flooding is already an issue and the negative impact from the addition of these specific apartments may be too much for the area to absorb. In addition, the precedent set by adding these buildings will surely lead to approval of future buildings, increasing the negative environmental impact referenced above. New Hanover is a beautiful county, and as many trees as possible should remain intact and in place. Finally the increase in traffic through the OFL/WL/LC neighborhood will result in deteriorating roads, roads that are not maintained by the County and/or city. Those new buildings will not compensate the neighboring HOAs for these expenses, but would continue to reap the benefits of the "cut through" from Carolina Beach Road to River Road. Quite simply, the addition of these proposed multi -family units is not welcome in this area. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 57 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Carolyn Ohnmacht <mvolkmar@nhcgov.com> Sent: Tuesday, November 29, 2022 12:18 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Carolyn Ohnmacht Address 2540 Yolanda dr Wilmington, N.C. 28409 United States Map It Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment Oppose. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 58 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Heidi Patterson <mvolkmar@nhcgov.com> Sent: Tuesday, November 29, 2022 11:59 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Heidi Patterson Address 4408 Terrington Dr Wilmington, NC 28412 United States Map It Email Thepatterson4(a)-aol.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment I do not support this project Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 59 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Chad Raynor <mvolkmar@nhcgov.com> Sent: Tuesday, November 29, 2022 11:05 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Chad Raynor Address 604 Burroughs Drive Wilmington, NC 28412 United States Map It Email raynor.chadCaD-gmail.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment In no way should the development be allowed to be shoved in an already congested area of Carolina beach road. This project needs to be rejected and no longer considered. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 60 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Courtney Miller <mvolkmar@nhcgov.com> Sent: Tuesday, November 29, 2022 11:09 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Courtney Miller Address 6611 Wedderburn Dr Wilmington, NC 28412 United States Map It Email courtneygmiller0608CcDgmaii.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment I oppose this apartment complex being developed by the entrance of Lords Creek development. This area cannot handle an influx of traffic. The only way this apartment complex would work is if there is an additional lane constructed going south on Carolina Beach Rd. or a traffic light to help alleviate congestion and potential accidents turning into the new apartment complex. I am also concerned about the close proximity of this many units to a housing development. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 61 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Pat Wall <mvolkmar@nhcgov.com> Sent: Tuesday, November 29, 2022 11:01 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Pat Wall Address 1504 Burnett Rd Wilmington, NC 28409 United States Map It Email patmwa1120(cDgmaii.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment Bad location - way too much traffic & congestion Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 62 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Valarie Fowler <mvolkmar@nhcgov.com> Sent: Tuesday, November 29, 2022 10:51 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Valarie Fowler Address 2542 Yolanda lane Wilmington, North carolina 28408 United States Map It Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment Oppose Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 63 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Kathy Brinkley <mvolkmar@nhcgov.com> Sent: Tuesday, November 29, 2022 10:39 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Kathy Brinkley Address 7417 Promontory Ct Wilmington, NC 28412 United States Map It Email kathy. bri nklev@milliman.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment I have a few questions as to how many people are to be housed and having a parking lot for a playground; not to mention there will be additional traffic on a already busy road that can at times be hard to navigate. (this coming from a former renter and watched single family homes built next to our parking lot) While I understand that the area is growing I am not sure taking a small available space is the best use for this land. I am new to the area and I seem to see odd zoning in general for Wilmington. If the area is residential homes not sure I would like to see a large apartment structure plunked into the area. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 64 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Rochelle Krowl <mvolkmar@nhcgov.com> Sent: Tuesday, November 29, 2022 10:34 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Rochelle Krowl Address 7105 Sea Bass Ln Wilmington, North Carolina 28409 United States Map It Email rorimmer(a),msn.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment TRAFFIC,Traffic Traffic. try driving down CBR on Friday at 6:00 pm it's logged jammed ,when not in the tourist season STOP THE DEVELOPMENT WITHOUT TAKING CARE OF INFRASTRUCTURE Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 65 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Keith Krowl <mvolkmar@nhcgov.com> Sent: Tuesday, November 29, 2022 10:30 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Keith Krowl Address 7105 Sea Bass Ln Wilmington, North Carolina 28409 United States Map It Email kjkrowl yahoo.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment STOP building without improving infrastructure, the traffic is so terrible. Find your tax revenue elsewhere Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 66 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Theresa Connor <mvolkmar@nhcgov.com> Sent: Tuesday, November 29, 2022 10:25 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Theresa Connor Address 6039 Willow Glen Dr Wilmington, NC 28412 United States Map It Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment Not a safe choice Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 67 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Jana Austin <mvolkmar@nhcgov.com> Sent: Tuesday, November 29, 2022 10:03 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Jana Austin Address 214 Monterey Dr Wilmigton, NC 28409 United States Map It Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment Our roads and traffic issues need to be addressed before the the families move into the housing. The safety of the family's need to be considered. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 68 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Stephanie Tabor <mvolkmar@nhcgov.com> Sent: Tuesday, November 29, 2022 10:08 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Stephanie Tabor Address 506 Hidden Valley Road Wilmington, NC 28409 United States Map It Email Stabor4 at7.gmail.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment The people proposing this develop location have obviously not considered our current conditions: - Roads need major improvements. CB Road is already quite dangerous due to heavy, constant, congested traffic. - This location offers little for safe walking or biking. (I thought everyone was Climate Change obsessed, but yet not interested in citizens' ability to walk/bike instead of drive?) - We already need bikes lanes & sidewalks for pedestrian safety. Further development only exasperates this deficit. Future conditions: - I watched Cary & Apex, NC destroy their towns & the citizens' way of life by their constant greed for development money. Wilmington is now taking the identical destructive steps. - This development will perpetuate current unsafe traffic conditions & overloaded infrastructures. - Think of the actual reality of this proposed development, instead of simply padding Wilmington's pocketbook. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 69 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Leslie Wright <mvolkmar@nhcgov.com> Sent: Tuesday, November 29, 2022 9:22 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Leslie Wright Address 7943 Huron Dr Wilmington, North Carolina 28412 United States Map It Email caroltheaolfnutagmail.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Neutral Public Comment Install a turn lane at new community and a stop light at the Lords Creek entrance to avoid long delays for all the homes in those neighborhoods that have to turn right and cross two lanes quickly to get to the uturn that already gets backed up. There will be lots of accidents if you don't. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 70 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Erin McCarthy <mvolkmar@nhcgov.com> Sent: Tuesday, November 29, 2022 8:46 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Erin McCarthy Address 931 Riptide Lane Carolina Beach, NC 28428 United States Map It Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment Development does not confirm to new Hanover county future lane use plans. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 71 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Linda Blyskal <mvolkmar@nhcgov.com> Sent: Tuesday, November 29, 2022 8:15 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Linda Blyskal Address 7629 VancouverCt Wilmington, NC 28412 United States Map It Email Lindably9@gmail.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment A horrible location for a dense housing project. Multiple accidents on this stretch of Carolina Beach Road. Project too close to Main road. Already there can be a long wait coming out of Lords Creek onto CBR at certain times of the day. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 72 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Lea Jacobs <mvolkmar@nhcgov.com> Sent: Tuesday, November 29, 2022 5:45 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Lea Jacobs Address 4623 Barnards Landing Rd Wilmington, NC 28412 United States Map It Email Mysuperstar23@gmail.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment Stop ruining our city with overpriced fake luxury apartments and other mulit-use overpriced shopping centers. Our infrastructure cannot take anymore. Build on the outskirts. Doesn't anymore care about our town anymore? The accidents are increasing on Carolina Beach Road. Someone needs to have the city's best interest at heart & vote NO! Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 73 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Deborah Hewitt <mvolkmar@nhcgov.com> Sent: Tuesday, November 29, 2022 4:58 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Deborah Hewitt Address 105 N HAMPTON RD WILMINGTON, North Carolina 28409 United States Map It Email wilhewitt@aol.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment The county/city needs to pump the brakes on all this development and catch its breath. The infrastructure has nowhere near caught up with the growth. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 74 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Tammy Moore <mvolkmar@nhcgov.com> Sent: Tuesday, November 29, 2022 12:40 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Tammy Moore Address 126 chimney lane Wilmington, Nc 28409 United States Map It Email Tam rmooreCaD-yahoo.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment I strongly oppose this plan Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 75 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Denise Carty <mvolkmar@nhcgov.com> Sent: Tuesday, November 29, 2022 12:22 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Denise Carty Address 7308 Cassimir Place Wilmington, NC 28412 United States Map It Email momcarty@yahoo.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment Oppose Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 76 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Lynn Reynolds <mvolkmar@nhcgov.com> Sent: Monday, November 28, 2022 11:03 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Lynn Reynolds Address 9203 Slice CT. Wilmington, NC 28412 United States Map It Email Iynn2777(a)gmail.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment It would certainly create more traffic than the area could handle Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 77 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Jean McDaniel <mvolkmar@nhcgov.com> Sent: Monday, November 28, 2022 10:44 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Jean McDaniel Address 8104 Yellow Daisy Dr Wilmington, NC 28412-3271 United States Map It Email Jeannie275(a)charter.net Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment Please don't add anymore traffic and complexes like this. Wilmington needs more green space. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 78 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Kim Singleton <mvolkmar@nhcgov.com> Sent: Monday, November 28, 2022 10:33 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Kim Singleton Address 6005 Banded Tulip Dr Wilmington, NC 28412 United States Map It Email twokatztwo(a)gmail.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment This project will add to the traffic volume that is already congested. The project adds too much density to the area with continued building. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 79 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Jessica Davis <mvolkmar@nhcgov.com> Sent: Monday, November 28, 2022 10:31 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Jessica Davis Address 302 Friendly Ln Wilmington, NC 28409 United States Map It Email 6essdavis 11616(a)-gmail. com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment The proposed building is too large in scale for surrounding neighborhoods Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 80 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Julie Hultholm <mvolkmar@nhcgov.com> Sent: Monday, November 28, 2022 9:48 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Julie Hultholm Address 1024 Rivage Promenade Wilmington, NC 28412 United States Map It Email ihultholm63@gmail.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment Drastically changes the nature of the area. Far too dense. Not enough infrastructure to sustain. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 81 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Denise Sevier <mvolkmar@nhcgov.com> Sent: Monday, November 28, 2022 9:35 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Denise Sevier Address 704 Catamaran Drive Wilmington, NC 28412 United States Map It Email Ds032871(aD-hotmail.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment Opposing project. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 82 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Elaine Tiganella <mvolkmar@nhcgov.com> Sent: Monday, November 28, 2022 9:04 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Elaine Tiganella Address 8801 Sedgley Dr Wilmington, NC 28412 United States Map It Email ELAINETIGANELLA@GMAIL.COM Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment Too much development for an already dangerous and hazardous road. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 83 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Rhonda Walsh <mvolkmar@nhcgov.com> Sent: Monday, November 28, 2022 8:14 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Rhonda Walsh Address 4807 Gate Post Lane Wilmington, NC 28412 United States Map It Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment Location not conducive to medium/high density housing! Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 84 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Jody Dilley <mvolkmar@nhcgov.com> Sent: Monday, November 28, 2022 7:03 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Jody Dilley Address 7633 Champlain Rd Wilmington, NC 28412 United States Map It Email scribbles 123P-hotmail.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment Overpopulated area with bad traffic during rush hour and on Sunday's when church gets out. Adding this many units will make things even worse and will bring down our property values Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 85 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Melissa Johnson <mvolkmar@nhcgov.com> Sent: Monday, November 28, 2022 6:47 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Melissa Johnson Address 449 Lehigh Rd Wilmington, North Carolina 28412 United States Map It Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment Please do not approve. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 86 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Shannon Miles <mvolkmar@nhcgov.com> Sent: Monday, November 28, 2022 5:23 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Shannon Miles Address 609 Burroughs Drive Wilmington, Nc 28412 United States Map It Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment I live in the Lords Creek subdivision. The addition of this housing development will only add to the already congested traffic at the front of the development. Entering and exiting Lords Creek is already challenging enough, we do not need another large housing complex sitting right on top of us. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 87 Farrell, Robert From: Griffee, Julian Sent: Monday, November 28, 2022 5:01 PM To: joanrwmson@hotmail.com Cc: Farrell, Robert Subject: Public Comment - Z22-20 Attachments: 1. 12.1.22 PB Notice Letter.pdf; 2. Z22-20 BOC Notice Letter.pdf Good afternoon Ms. Monroe, Our office received your public comment for a public hearing scheduled for next month. There are a couple of public hearing cases taking place between the Planning Board (December 15t) and the Board of Commissioners (December 51n) Two of these cases are taking place along Carolina Beach Road. I have attached the notice letters that contain the information of the cases that are to be heard the Boards. The information you entered has your public comment pertaining to case Z22-20, a rezoning request for the conversion of a single-family dwelling into an office space, located at 7100 Carolina Beach Road. This case will be heard at the Board of Commissioners meeting. The other Carolina Beach Road case is Z22-18, a rezoning request for a multi -family development at 6634 Carolina Beach Road and is scheduled for the Planning Board's meeting. Please verify that the Z22- 20 case is the correct case you are seeking to provide public commentary on. Thanks in advance! Best, Julian G Julian Griffee Current Planner New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7444 p 1 (910) 798-7053 f jgriffee@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 88 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Karen Gaynor <mvolkmar@nhcgov.com> Sent: Monday, November 28, 2022 4:54 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Karen Gaynor Address 7605 Vancouver Court Wilmington, NC 28412 United States Map It Email petiegal(a-)aol.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment This is a will be a dangerous situation for traffic coming out of lords Creek, Woodlake etc Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 89 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Maury Finger <mvolkmar@nhcgov.com> Sent: Monday, November 28, 2022 4:48 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Maury Finger Address 5424 Marina Club Drive Wilmington, NC 28409 United States Map It Email mauryfingerCcDgmail.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment Not safe for pedestrians at this location. Worried about accidents. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 90 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Joni Monroe <mvolkmar@nhcgov.com> Sent: Monday, November 28, 2022 4:02 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Board of Commissioners - Z22-20 (7100 Carolina Beach Rd) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Joni Monroe Address 6817 Teviot Rd Wilmington, NC 28412 United States Map It Email 6oanrwmson(a)-hotmail.com Projects available for comment. Board of Commissioners - Z22-20 (7100 Carolina Beach Rd) What is the nature of your comment? Oppose project Public Comment Please oppose this project and encourage developers to leave the little bit of greenspace this county has alone. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 91 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Cassandra Conner <mvolkmar@nhcgov.com> Sent: Monday, November 28, 2022 3:35 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Cassandra Conner Address 812 Mackay Ct Wilmington, NC 28412 United States Map It Email Csmorgan ymail.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment Turning into Lords Creek is already tough because everyone is flying down CB Rd at high speeds. Adding more traffic to the turning lane for GlenArthur will most definitely cause more accidents. A high rise building looking into our homes is an invasion of our privacy. The loud noises from the pickleball court will be too loud for people who work from home. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 92 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Steven Murch <mvolkmar@nhcgov.com> Sent: Monday, November 28, 2022 3:35 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Steven Murch Address 810 Mackay Court Wilmington, NC 28412 United States Map It Email murchs anbellsouth.net Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment My comments pertain to Z22-18. I have concern of the drainage that will be entering Lords Creek. There is a sink hole between properties 812 and 814 Mackay Court. Established few years ago. Having a four story building behind residents may impede visual privacy looking down. It's hard enough getting into Lords Creek with traffic bearing down and no the cars entering the said complex is waiting on an accident. There has been one death sone years ago. In front of Lords Creek and few years ago an alleged drink driver landing on Lords Creek flag pole median. The idea for an apartment for Carolina Beach workers needs to be at Carolina Beach. Its doesn't fit the county lay out. Plus there are wetlands next to said property. A liability for flooding. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 93 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Denise Arriaga-Leiteritz <mvolkmar@nhcgov.com> Sent: Monday, November 28, 2022 3:32 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Denise Arriaga-Leiteritz Address 6704 Dorrington Dr Wilmington, North Carolina 28412 United States Map It Email den isemehrtens(a)-gmail.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment So many more people.so much more waste water. More people mean More water usage means more sewer usage! As you may know, Lords Creek has a creek that run through the property. Many of the homes have an easement at the back of their yards/property that exists for the water that will rise from the creek during heavy rains and hurricanes. Another area of concern is the proposed retention pond. Will it acsascerbate flooding during extreme rain events? What will happen when we have a major Hurricane and 20 to 30 inches of rain comes down in a short period of time? Many residents of Chelwood Ct. reported the creek rose dangerously high during Hurricane Florence and into their backyards, and the bridge at the entrance to Lord's Creek had to be inspected after the storm because there was evidence that the road had been undermined. Will the retention pond create a concentrated flow of water further downstream, such that Lord's Creek properties that back up to the creek will experience flooding and possible damage to their homes? Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 94 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Janis Bradish <mvolkmar@nhcgov.com> Sent: Monday, November 28, 2022 3:26 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Janis Bradish Address 203 Seventh St N Carolina Beach, North Carolina 28428 United States Map It Email librad31 hotmail.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment This corridor is too busy for this planned multi family dwelling. I feel between the DOT and the town, safety is being neglected & traded for profits. Location, in terms of safety & infrastructure requirements, need to be more carefully scrutinized in our over jealous development. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 95 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Denise Arriaga-Leiteritz <mvolkmar@nhcgov.com> Sent: Monday, November 28, 2022 3:22 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Denise Arriaga-Leiteritz Address 6704 Dorrington Dr Wilmington, North Carolina 28412 United States Map It Email den isemehrtens(a)-gmail.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment Lords Creek has an HOA that keeps our Community clean, safe, and attractive and thereby protecting the property values of our homes and our community. We have specific rules about what can and cannot be seen from the road in front of our houses and and an Architectural committee approval is needed for many things that you may feel are trivial, but we have found are necessary to protect and preserve the value of our community. To that end, there are many things that are allowed Only in fenced back yards, and Only if they cannot be seen by neighbors. So, when we go to these lengths to keep our Community clean, safe, and attractive....... What would an out of place, uncharacteristic for the area, 4 story apartment building stuck up over the Lords Creek entrance....... What will that do to our property value?. My guess is that it would not increase it, and would likely reduce the value. We chose Lords Creek because it was a beautiful, single family home community, nestled in a natural environment where pine tree groves, magnolia trees, crepe myrtles, azaleas, giant jasmine vines, and palm trees of every kind,......... all co -exist with families, and retirees, and young couples, and people of all kind. We would not have chosen to live here had there been a 4 story apartment building at the entrance. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 96 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Julia LeBer <mvolkmar@nhcgov.com> Sent: Monday, November 28, 2022 3:18 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Julia LeBer Address 7208 Grouper Ct Wilmington, NC 28409 United States Map It Email 6uliamickeyCc bellsouth.net Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment Much too crowded on Carolina Beach Rd. for a project. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 97 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Janis Bradish <mvolkmar@nhcgov.com> Sent: Monday, November 28, 2022 3:17 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Janis Bradish Address 203 Seventh St N Carolina Beach, North Carolina 28428 United States Map It Email librad31 hotmail.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment Safety needs to be seriously considered with continued developments. I feel between the Dot & the town, safety is being neglected and traded for profits & taxes. I feel this project is too dense for that already too busy & unsafe corridor. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 98 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Denise Arriaga-Leiteritz <mvolkmar@nhcgov.com> Sent: Monday, November 28, 2022 2:33 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Denise Arriaga-Leiteritz Address 6704 Dorrington Dr Wilmington, North Carolina 28412 United States Map It Email den isemehrtens(a)-gmail.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment I'm not right up there by the proposed multi family compound, I'm back on Dorrington, but I think it's already sufficiently hard enough to turn into Glen Arthur without getting rear ended by fast traffic on southbound Carolina Beach Road, and then you want me to add having to dodge around another the obstacle of the a 78+ car housing units driveway. There is not enough roadway to safely put a driveway that close to the entrance to Lords Creek /GlenArthur Drive on a 55mph roadway that is usually running at 60+mph. And on top of that we are already having to watch out for the northbound CBR turnaround traffic that are flipping to turn into GlenArthur. That turnaround and the apartment driveway and GlenArthur/Lords Creek entrance are all within about 500ft of roadway. This is already dangerous on that fast road, it would not be prudent to add this proposed driveway. Please do not put more traffic in this already crowded and high speed area. FYI - extra traffic already on Thursdays, March through September, as per below: **If these apartments are built as proposed, it will create a huge increase in traffic along Carolina Beach Rd. Currently, there are traffic backups in front of the Lord's Creek entrance on any given Thursday afternoon during the summer months due to vacationers arriving at their rentals. What happens, when Carolina Beach backs up, is that cars turn on Glenarthur Dr. and cut through to River Rd. to find an alternate north or south route. We already have a problem on Glenarthur Dr. with speeding. I have neighbors that have had their mailboxes knocked down by people barreling down this narrow, curving neighborhood street. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 99 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Ryan Meadows <mvolkmar@nhcgov.com> Sent: Monday, November 28, 2022 12:39 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Ryan Meadows Address 8114 Yellow Daisy Drive Wilmington, NC 28412 United States Map It Email meadowsrWcOmail.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment I'm not always against higher -density development. However, we cannot have this much added congestion at this end of town. It's difficult enough having to turn right and get over in order to make a u-turn. Adding this type of development in addition to the growing year-round traffic is unsustainable. On another note, this end of the county needs better bike paths and walking paths along the main road or River road. Also, some minor landscaping in the medians would go a long way. Even if it's only mowing more regularly. The grass is always overgrown, it's never weed wacked, and you can't even see the curbs any more in the monkey junction area of town. There's no reason it should look this terrible. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 100 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Rachel Berg <mvolkmar@nhcgov.com> Sent: Monday, November 28, 2022 11:09 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Rachel Berg Address 702 5th St S. Carolina Beach, NC 28428 United States Map It Email rkberg15(cDQmail.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment I oppose the re -zoning of this lot. This is in an area of high speed and high traffic. We do not need to add more traffic to this stretch of CB road. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 101 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Teresa Jeffries <mvolkmar@nhcgov.com> Sent: Monday, November 28, 2022 10:56 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Teresa Jeffries Address 4902 Grape Arbor Ct Wilmington, NC 28409 United States Map It Email tdjphil413(cDaol.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment Z22-18 — 6634 Carolina Beach Rd from R-15 to CZD RMF-M, Moderate density for a multi -family development. This is not a good location for a high density work force development housing. It's a very busy highway. Thank you. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 102 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Margaret Carter <mvolkmar@nhcgov.com> Sent: Monday, November 28, 2022 10:48 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Margaret Carter Address 1405 snapper lane road Carolina beach, North carolina 28428 United States Map It Email Mvanvranken1(a)-gmail.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment We have way too many developments going up. Way too many trees are being clear cut in the process. We have increasing heat due to climate change, and the mass removal of trees when the developers build is absolutely insane. There must be laws regarding leaving a certain percentage of trees every acre. I am opposed to any more clear cutting of land to build anything. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 103 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Libby Ramsey <mvolkmar@nhcgov.com> Sent: Monday, November 28, 2022 9:55 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Libby Ramsey Address 504 Seahirse PI Kure Beach, NC 28449 United States Map It Email rustle-vastest.Os@icloud. com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment I don't believe that we have the infrastructure to support this kind of developement. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 104 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Erin Montgomery <mvolkmar@nhcgov.com> Sent: Monday, November 28, 2022 9:23 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Erin Montgomery Address 113 Colquitt Dr Wilmington, NC 28412 United States Map It Email ecswilminoton@gmail.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment I oppose building multi family dwellings on this parcel. The existing infrastructure cannot support more multi family housing. The schools for this district are beyond max capacity at the moment. Many nearby housing projects have already started which will add more children into schools that don't have space, teachers and resources for their existing students. Please don't exasperate this issue by packing more families (one on top of another) into an overcrowded school district. Unless the county is willing to spend the millions needed for new schools or PERMANENT additions to existing schools RIGHT NOW (not 5 years from now), please stop building. Additionally, such building will impact traffic flow to a road that cannot handle more motorists. Expensive renovations would need to be made to Carolina Beach Road just to make it safe for the additional traffic... and what return will existing residents see? Our tax money pays to improve schools, improve roads, install new utility infrastructure ... and for what? Our schools are STILL underfunded and overcrowded, our roads are packed full of drivers from 9am to 9pm and when a storm (not hurricane) blows through during high tide River Road and surrounding neighborhoods flood! I beg you. Please stop approving housing projects, especially multi family medium/high density projects. If you are representing our people, then please hear us and be our voice... do not approve this change. We do not want more construction. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 105 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of karen mcdonnell <mvolkmar@nhcgov.com> Sent: Monday, November 28, 2022 9:01 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name karen mcdonnell Address 6809 hailsham dr wilmington, nc 28412 United States Map It Email kmcd6809CaD-yahoo.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment There isn't enough infrastructure to support more multi housing developments. CB road supports all the traffic from MJ to the beach, and it's getting like 190 especially in the summer Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 106 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Deborah Scott <mvolkmar@nhcgov.com> Sent: Monday, November 28, 2022 6:44 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Deborah Scott Address 422 Settlers Lane Kure Beach, NC 28449 United States Map It Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment Carolina Beach Rd is already too busy and does not have sidewalks and access, which makes this area very difficult for multi- family workforce housing. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 107 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Marlene Barney <mvolkmar@nhcgov.com> Sent: Sunday, November 27, 2022 11:30 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Marlene Barney Address 8508 Lakeview Drive Wilmington, NC 28412 United States Map It Email msmwb1(a)-gmail.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment Providing "workforce"/affordable housing is essential and needed in New Hanover County. But keep in mind that many people in need of such housing don't own cars and, therefore, need access to public transportation and safe pedestrian infrastructure. The designated location for this project is a high-speed, high traffic road with no sidewalk. It isn't a safe place to walk or ride a bike. If there is access to public transportation at that location, there is no safe place to wait for it. For these reasons, I oppose the location of this project, but would support affordable housing in a different location with access to public transportation and safe pedestrian infrastructure. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 108 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Valerie Mustamaa <mvolkmar@nhcgov.com> Sent: Sunday, November 27, 2022 9:28 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Valerie Mustamaa Address 6602 Stoddard Rd Wilmington, NC 28412 United States Map It Email valmustamaa@gmail.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment There is no buffer between this new development and already established houses in Lords Creek which would clearly lower the resale value for those homes. Children in this new development will try to walk to nearby schools. It would be unsafe as there is no true path or sidewalks. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 109 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Charles Harrill <mvolkmar@nhcgov.com> Sent: Sunday, November 27, 2022 8:57 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Charles Harrill Address 7821 Champlain Dr Wilmington, North Carolina 28412 United States Map It Email chuckharrill(cDyahoo.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment Enough is ENOUGH! What will it take for this board to stop just ONE development? This city, and its infrastructure, cannot support any more residents. Do you not live here, or drive the streets? Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 110 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Shane Stone <mvolkmar@nhcgov.com> Sent: Saturday, November 26, 2022 4:03 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Shane Stone Address 6929 Ontario Road Wilmington, North Carolina 28412 United States Map It Email shane.stone9236(a)-gmaii.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment The last thing we need on Carolina Beach Road is more traffic. Not to mention the environmental impact of removing foliage and habitat from potentially thousands of animals, some of which are potentially lethal to humans, and forcing them into the homes and established properties of residences surrounding the project. Treatment for anti -venom for snake bites is prohibitively expensive and I would recommend that anyone who is bitten or the parent of a child or owner of an animal that is bitten seek legal action against whoever approves and benefits financially from this project. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 111 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Glen Gray <mvolkmar@nhcgov.com> Sent: Friday, November 25, 2022 6:37 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Glen Gray Address 407 tahoe rd wilmington, North Carolina 28412 United States Map It Email yargr@yahoo.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment Aggressive building into every thin slice of wooded land area that enhances communities is making a concrete jungle out to this place. Planning offices continue to disappoint the citizens of New Hanover County. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 112 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Lori Smith <mvolkmar@nhcgov.com> Sent: Thursday, November 24, 2022 11:12 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Lori Smith Address 7304 Champlain Drive Wilmington, NC 28412 United States Map It Email Lorismith3a-yahoo.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment The location is not suitable for an apartment complex. Traffic congestion is bad enough. Coming out of Lords Creek, there is only one place to make a u-turn to go the opposite direction on Carolina Beach. School/work traffic is already dangerous in this area. Though the apartment complex looks fine on paper, it does not fit, nor is it wanted in a residential area of single family homes. The communities of Lords Creek, Woodlake, Bass Lake, and Ocean Forest Lakes strongly oppose this project. A community of single family homes would not be a concern! Please do not allow this apartment complex to change the feel, look, and safety of our beautiful location, nor decrease the value of our communities. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 113 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Mike Rhodes <mvolkmar@nhcgov.com> Sent: Thursday, November 24, 2022 9:16 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Mike Rhodes Address 304 Okeechobee Rd. Wilmington, NC 28412 United States Map It Email michaelwrhodes1(a)-gmail.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment Thank you for the chance to comment. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 114 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Jennie Gaskell <mvolkmar@nhcgov.com> Sent: Thursday, November 24, 2022 8:58 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Jennie Gaskell Address 7500 Erie Court Wilmington, NC 28412 United States Map It Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment I oppose this project because we do not have the infrastructure to support another multi family project. Our schools are crowded, our water supply is tainted and there are still too many sewer line breaks, there are always accidents on this part of Carolina beach RD and on River Rd near Veterans Park which will be compounded by the addition of more families, storm water and poor drainage are a problem in this area etc... Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 115 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Mary Smith <mvolkmar@nhcgov.com> Sent: Thursday, November 24, 2022 7:40 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Mary Smith Address 7960 Huron dr Wilmington, Nc 28412 United States Map It Email Moo3034@yahoo.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment The Wilmington area is overrun with apartments. The surrounding neighborhoods will be negatively impacted from runoff, noise and traffic. It does not fit in with the surrounding areas as far as density and construction designs. As far as traffic is concerned, it will place an undue burden for the 3 neighborhoods that are only accessible by 2 entrances. One on River road which isn't utilized nearly as much as the entrance from Carolina Beach Rd via Glenaurthur. Most people that leave the neighborhoods onto Carolina Beach Rd already have to wait as the speed limit is 55 mph. Then they sit many cars deep to make the u-turn to head north. In the morning traffic, it is backed up. Then add in the traffic that the church immediately before the u-turn and no one is going anywhere. As traffic is allowed to temporarily flow between church releases, again, the speed limit is 55 mph and traffic backs up on Glenarthur. I am not opposed the the area becoming residential, but R15 is sufficient for the area. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 116 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Pamela Ingle <mvolkmar@nhcgov.com> Sent: Thursday, November 24, 2022 3:01 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Pamela Ingle Address 7638 Vancouver Court Wilmington, NC 28412 United States Map It Email inglepam ymail.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment Case Z22-18: 6634 CB - R15 to CZD RMF-M Reject Proposal: Grounds: Community mismatch of 4 story RMF next to 1-2 story homes LC, Woodl-ake, Ocean Forest, Sago Bay etc,.... Problems: Higher density people, cars, noise, soil saturation, trash & pollution. Less than 2 yes ago H2O from Sago Bay overran & drainage in LC had to be redone. Soil saturation overload in this area already with encroachment Oak Grove Cemetery (actively burying 2021), 2021 & 2022 cars hit utility pole & replaced by Duke in deep contoured land holding H2O. 76 unit increase of cars (2X) forced north bound on CB impacts outlets for Lords Creek, Catholic Church and cypress Village including turn around lane back ups for north bound CB. It already takes several minutes from LC onto CB. Also not enough vegetation ground nor areal to absorb H2O and noise from 4 story buildings, cars, people, pickle ball etc.. looming over small houses. We all know absolute promises are not kept once bull dozers start and you can't get it back. I reject the rezone. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 117 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Andrea Russo <mvolkmar@nhcgov.com> Sent: Tuesday, November 22, 2022 10:23 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Andrea Russo Address 7600 Pontchartrain Rd Wilmington, NC 28412 United States Map It Email Littlecannoliang@gmail.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment Changing the zone in order to cram more housing in a small unsuitable space. Drainage is a real concern as it's likely that less than 10% of that area would be green space. Traffic is another concern as any northbound traffic would have to follow the same routes available to outlet communities and would cause a additional traffic impeding our egress onto CB. High density brings increased noise and there appears to be insufficient separation to mitigate that impact upon the closest LC neighbors. Increased traffic cutting through Ocean Forest Lakes from River Road to Carolina Beach Road ti get to this complex. The roads in Ocean Forest Lakes are private roads. The maintenance for these roads is the responsibility of the homeowners in this subdivision. The roads are constantly needing repair which comes from the homeowners dues. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 118 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Yaniv Amitay <mvolkmar@nhcgov.com> Sent: Tuesday, November 22, 2022 9:35 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Yaniv Amitay Address 7919 Champlain dr Wilmington, nc 28412 United States Map It Email Kitonarenshaw(a)_gmail.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment Project does not match the area, will decrease home prices. Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 119 Farrell, Robert From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Brad Malpass <mvolkmar@nhcgov.com> Sent: Tuesday, November 22, 2022 8:50 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-18 (6634 Carolina Beach Rd)) Follow Up Flag: Follow up Flag Status: Flagged ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Brad Malpass Address 7625 Clark Hill Rd Wilmington, NC 28412 United States Map It Email bradmalpassCcDgmail.com Projects available for comment. Planning Board - Z22-18 (6634 Carolina Beach Rd)) What is the nature of your comment? Oppose project Public Comment Against this project because of increased traffic, and noise Board of Commissioners - January 9, 2023 ITEM: 15- 9 - 120 Petition Submitted at Planning Board Board of Commissioners - January 9, 2023 ITEM: 15- 10 - 1 RETITIO: SUBJECT: Request for Continuance of Public Hearing from December 1, 2022 Until Date Agreed Upon by All Parties TO: New Hanover County Planning and Use Board 230 Government Center Drive Suite 110 Wilmington, NC 28403 From: Property Owners and Interested Parties of the Public Hearing Board to Rezone Property at 6634 Carolina Beach Road (Z22-18) The undersigned hereby request a continuance of the Public Hearing for Rezoning (Z22-18) from December 1, 2022 until a date agreed upon by all parties. The reasons for this request are 1.) there was insufficient time allowed for interested parties to review, coordinate, and evaluate the potential impact of rezoning. 2.) A page appears to have been omitted from the mailed notice that would have allowed for written comments. Signature Date Name _- CY!U T FEE 1 4 E 5r o- Address 1V Phone Number - ` - 1 Q - I Board of Commissioners - January 9, 2023 ITEM: 15- 10 - 2 PETITION SUBJECT: Request for Continuance of Public Hearing from December 1, 2022 Until Date Agreed Upon by All Parties TO: New Hanover County Planning and Use Board 230 Government Center Drive Suite 110 Wilmington, NC 28403 From: Property Owners and Interested Parties of the Public Hearing Board to Rezone Property at 6634 Carolina Beach Road (Z22-18) The undersigned hereby request a continuance of the Public Hearing for Rezoning (Z22-18) from December 1, 2022 until a date agreed upon by all parties. The reasons for this request are 1.) there was insufficient time allowed for interested parties to review, coordinate, and evaluate the potential impact of rezoning. 2.) A page appears to have been omitted from the mailed notice that would have allowed for written comments. 1 Signature Name Address _ — -— Phone Number.. Date Board of Commissioners - January 9, 2023 ITEM: 15- 10 - 3 PETITION SUBJECT: Request for Continuance of Public Hearing from December 1, 2022 Until Date Agreed Upon by All Parties TO: New Hanover County Planning and Use Board 230 Government Center Drive Suite 110 Wilmington, NC 28403 From: Property Owners and Interested Parties of the Public Hearing Board to Rezone Property at 6634 Carolina Beach Road (Z22-18) The undersigned hereby request a continuance of the Public Hearing for Rezoning (Z22-18) from December 1, 2022 until a date agreed upon by all parties. The reasons for this request are 1.) there was insufficient time allowed for interested parties to review, coordinate, and evaluate the potential impact of rezoning. 2.) A page appears to have been omitted from the mailed notice that would have allowed for written comments. Signature Date '7 Name /l dx'�p /— Address, Phone Number Board of Commissioners - January 9, 2023 ITEM: 15- 10 - 4 PETITION SUBJECT: Request for Continuance of Public Hearing from December 1, 2022 Until Date Agreed Upon by All Parties TO: New Hanover County Planning and Use Board 230 Government Center Drive Suite 110 Wilmington, NC 28403 From: Property Owners and Interested Parties of the Public Hearing Board to Rezone Property at 6634 Carolina Beach Road (Z22-18) The undersigned hereby request a continuance of the Public Hearing for Rezoning (Z22-18) from December 1, 2022 until a date agreed upon by all parties. The reasons for this request are 1.) there was insufficient time allowed for interested parties to review, coordinate, and evaluate the potential impact of rezoning. 2.) A page appears to have been omitted from the mailed notice that would have allowed for written comments. Signature ti — Date Name Address . � 2 aaR4- C�L, .goj,�7-1 Phone Number _1 �- Board of Commissioners - January 9, 2023 ITEM: 15- 10 - 5 PETITION SUBJECT: Request for Continuance of Public Hearing from December 1, 2022 Until Date Agreed Upon by All Parties TO: New Hanover County Planning and Use Board 230 Government Center Drive Suite 110 Wilmington, NC 28403 From: Property Owners and Interested Parties of the Public Hearing Board to Rezone Property at 6634 Carolina Beach Road (Z22-18) The undersigned hereby request a continuance of the Public Hearing for Rezoning (Z22-18) from December 1, 2022 until a date agreed upon by all parties. The reasons for this request are 1.) there was insufficient time allowed for interested parties to review, coordinate, and evaluate the potential impact of rezoning. 2.) A page appears to have been omitted from the mailed notice that would have allowed for written comments. ti Signatur Date Name Address C./ Phone Number Board of Commissioners - January 9, 2023 ITEM: 15- 10 - 6 PETITION SUBJECT: Request for Continuance of Public Hearing from December 1, 2022 Until Date Agreed Upon by All Parties TO: New Hanover County Planning and Use Board 230 Government Center Drive Suite 110 Wilmington, NC 28403 From: Property Owners and Interested Parties of the Public Hearing Board to Rezone Property at 6634 Carolina Beach Road (Z22-18) The undersigned hereby request a continuance of the Public Hearing for Rezoning (Z22-18) from December 1, 2022 until a date agreed upon by all parties. The reasons for this request are 1.) there was insufficient time allowed for interested parties to review, coordinate, and evaluate the potential impact of rezoning. 2.) A page appears to have been omitted from the mailed notice that would have allowed for written comments. Signature _ Date Name Address z Phone Number C� d.a(�DdIPJ Board of Commissioners - January 9, 2023 ITEM: 15- 10 - 7 PETITION SUBJECT: Request for Continuance of Public Hearing from December 1, 2022 Until Date Agreed Upon by All Parties TO: New Hanover County Planning and Use Board 230 Government Center Drive Suite 110 Wilmington, NC 28403 From: Property Owners and Interested Parties of the Public Hearing Board to Rezone Property at 6634 Carolina Beach Road (Z22-18) The undersigned hereby request a continuance of the Public Hearing for Rezoning (Z22-18) from December 1, 2022 until a date agreed upon by all parties. The reasons for this request are 1.) there was insufficient time allowed for interested parties to review, coordinate, and evaluate the potential impact of rezoning. 2.) A page appears to have been omitted from the mailed notice that would have allowed for written comments. Signature—IR Date Name 2 G Y � Address Dy- ` L ��11 Phone Number I b ~'� "i�' Board of Commissioners - January 9, 2023 ITEM: 15- 10 - 8 PETITION SUBJECT: Request for Continuance of Public Hearing from December 1, 2022 Until Date Agreed Upon by All Parties TO: New Hanover County Planning and Use Board 230 Government Center Drive Suite 110 Wilmington, NC 28403 From: Property Owners and Interested Parties of the Public Hearing Board to Rezone Property at 6634 Carolina Beach Road (Z22-18) The undersigned hereby request a continuance of the Public Hearing for Rezoning (Z22-18) from December 1, 2022 until a date agreed upon by all parties. The reasons for this request are 1.) there was insufficient time allowed for interested parties to review, coordinate, and evaluate the potential impact of rezoning. 2.) A page appears to have been omitted from the mailed notice that would have allowed for written comments. Signature _ _ Date Name — - Address � J. a Y`'tC�rr �Y'. w. �.r �..� Phone Number— . 110 — 4 TLo: --- - Board of Commissioners - January 9, 2023 ITEM: 15- 10 - 9 PETITION SUBJECT: Request for Continuance of Public Hearing from December 1, 2022 Until Date Agreed Upon by All Parties TO: New Hanover County Planning and Use Board 230 Government Center Drive Suite 110 Wilmington, NC 28403 From: Property Owners and Interested Parties of the Public Hearing Board to Rezone Property at 6634 Carolina Beach Road (Z22-18) The undersigned hereby request a continuance of the Public Hearing for Rezoning (Z22-18) from December 1, 2022 until a date agreed upon by all parties. The reasons for this request are 1.) there was insufficient time allowed for interested parties to review, coordinate, and evaluate the potential impact of rezoning. 2.) A page appears to have been omitted from the mailed notice that would have allowed for written comments. Signature Name �-- Date Address A ems/ Phone Number — — 3d( Z6Z2, Board of Commissioners - January 9, 2023 ITEM: 15- 10 - 10 PETITION SUBJECT: Request for Continuance of Public Hearing from December 1, 2022 Until Date Agreed Upon by All Parties TO: New Hanover County Planning and Use Board 230 Government Center Drive Suite 110 Wilmington, NC 28403 From: Property Owners and Interested Parties of the Public Hearing Board to Rezone Property at 6634 Carolina Beach Road (Z22-18) The undersigned hereby request a continuance of the Public Hearing for Rezoning (Z22-18) from December 1, 2022 until a date agreed upon by all parties. The reasons for this request are 1.) there was insufficient time allowed for interested parties to review, coordinate, and evaluate the potential impact of rezoning. 2.) A page appears to have been omitted from the mailed noti that would have allowed for written comments. Signature "� _ _ Date Name 70541ch. S-1�090L'65 Address 6 9-1V CARO't star Phone Number -_4-f a 3 - 39 3--7 $'Srl - _ - Board of Commissioners - January 9, 2023 ITEM: 15- 10 - 11 PETITION SUBJECT: Request for Continuance of Public Hearing from December 1, 2022 Until Date Agreed Upon by All Parties TO: New Hanover County Planning and Use Board 230 Government Center Drive Suite 110 Wilmington, NC 28403 From: Property Owners and Interested Parties of the Public Hearing Board to Rezone Property at 6634 Carolina Beach Road (Z22-18) The undersigned hereby request a continuance of the Public Hearing for Rezoning (Z22-18) from December 1, 2022 until a date agreed upon by all parties. The reasons for this request are 1.) there was insufficient time allowed for interested parties to review, coordinate, and evaluate the potential impact of rezoning. 2.) A page appears to have been omitted from the mailed notice that would have allowed for written comments. Signature, '47. Date 3 o - do V<Z- Name 4671-M Address 930 5,9Co DR tJJt t-fkj-AG It�t; f4r -2 Phone Number Board of Commissioners - January 9, 2023 ITEM: 15- 10 - 12 PETITION SUBJECT: Request for Continuance of Public Hearing from December 1, 2022 Until Date Agreed Upon by All Parties TO: New Hanover County Planning and Use Board 230 Government Center Drive Suite 110 Wilmington, NC 28403 From: Property Owners and Interested Parties of the Public Hearing Board to Rezone Property at 6634 Carolina Beach Road (Z22-18) The undersigned hereby request a continuance of the Public Hearing for Rezoning (Z22-18) from December 1, 2022 until a date agreed upon by all parties. The reasons for this request are 1.) there was insufficient time allowed for interested parties to review, coordinate, and evaluate the potential impact of rezoning. 2.) A page appears to have been omitted from the mailed notice that would have allowed for written comments. Signature _ Date Name Mr, 11-"o J6 6-7 2 `r le Z— -- 1 r � Address Phone Number - -- Board of Commissioners - January 9, 2023 ITEM: 15- 10 - 13 PETITION SUBJECT: Request for Continuance of Public Hearing from December 1, 2022 Until Date Agreed Upon by All Parties TO: New Hanover County Planning and Use Board 230 Government Center Drive Suite 110 Wilmington, NC 28403 From: Property Owners and Interested Parties of the Public Hearing Board to Rezone Property at 6634 Carolina Beach Road (Z22-18) The undersigned hereby request a continuance of the Public Hearing for Rezoning (Z22-18) from December 1, 2022 until a date agreed upon by all parties. The reasons for this request are 1.) there was insufficient time allowed for interested parties to review, coordinate, and evaluate the potential impact of rezoning. 2.) A page appears to have been omitted from the mailed notice that woul ave allowed for written comments. Signature _ _ ._ Date h I Name Address - Phone Number Board of Commissioners - January 9, 2023 ITEM: 15- 10 - 14 PETITION SUBJECT: Request for Continuance of Public Hearing from December 1, 2022 Until Date Agreed Upon by All Parties TO: New Hanover County Planning and Use Board 230 Government Center Drive Suite 110 Wilmington, NC 28403 From: Property Owners and Interested Parties of the Public Hearing Board to Rezone Property at 6634 Carolina Beach Road (Z22-18) The undersigned hereby request a continuance of the Public Hearing for Rezoning (Z22-18) from December 1, 2022 until a date agreed upon by all parties. The reasons for this request are 1.) there was insufficient time allowed for interested parties to review, coordinate, and evaluate the potential impact of rezoning. 2.) A page appears to have been omitted from the mailed notice that would have allowed for written comments. Signature Date Name Address�9/ �,�L-' •- C� — — Phone Number. Board of Commissioners - January 9, 2023 ITEM: 15- 10 - 15 PETITION SUBJECT: Request for Continuance of Public Hearing from December 1, 2022 Until Date Agreed Upon by All Parties TO: New Hanover County Planning and Use Board 230 Government Center Drive Suite 110 Wilmington, NC 28403 From: Property Owners and Interested Parties of the Public Hearing Board to Rezone Property at 6634 Carolina Beach Road (Z22-18) The undersigned hereby request a continuance of the Public Hearing for Rezoning (Z22-18) from December 1, 2022 until a date agreed upon by all parties. The reasons for this request are 1.) there was insufficient time allowed for interested parties to review, coordinate, and evaluate the potential impact of rezoning. 2.) A page appears to have been omitted from the mailed notice that would have allowed for written comments. Signature --- Date . _. - -- Name 7�'C�i &L'fL(,4xq t Address _ Phone Number 4 n Board of Commissioners - January 9, 2023 ITEM: 15- 10 - 16 PETITION SUBJECT: Request for Continuance of Public Hearing from December 1, 2022 Until Date Agreed Upon by All Parties TO: New Hanover County Planning and Use Board 230 Government Center Drive Suite 110 Wilmington, NC 28403 From: Property Owners and Interested Parties of the Public Hearing Board to Rezone Property at 6634 Carolina Beach Road (Z22-18) The undersigned hereby request a continuance of the Public Hearing for Rezoning (Z22-18) from December 1, 2022 until a date agreed upon by all parties. The reasons for this request are 1.) there was insufficient time allowed for interested parties to review, coordinate, and evaluate the potential impact of rezoning. 2.) A page appears to have been omitted from the mailed notice that would have allowed for written comments. Signature _ i A •Z ��- Name CA, C. IL Address Phone Number_ — � S{ Date _ , 1026-7 /00— Board of Commissioners - January 9, 2023 ITEM: 15- 10 - 17 PETITION SUBJECT: Request for Continuance of Public Hearing from December 1, 2022 Until Date Agreed Upon by All Parties TO: New Hanover County Planning and Use Board 230 Government Center Drive Suite 110 Wilmington, NC 28403 From: Property Owners and Interested Parties of the Public Hearing Board to Rezone Property at 6634 Carolina Beach Road (Z22-18) The undersigned hereby request a continuance of the Public Hearing for Rezoning (Z22-18) from December 1, 2022 until a date agreed upon by all parties. The reasons for this request are 1.) there was insufficient time allowed for interested parties to review, coordinate, and evaluate the potential impact of rezoning. 2.) A page appears to have been omitted from the mailed notice that would have allowed for written comments. Signature date l�9v� Name Address_ )066� vac'?S/2- Phone Number__ ___ `' ? Board of Commissioners - January 9, 2023 ITEM: 15- 10 - 18 PETITION SUBJECT: Request for Continuance of Public Hearing from December 1, 2022 Until Date Agreed Upon by All Parties TO: New Hanover County Planning and Use Board 230 Government Center Drive Suite 110 Wilmington, NC 28403 From: Property Owners and Interested Parties of the Public Hearing Board to Rezone Property at 6634 Carolina Beach Road (Z22-18) The undersigned hereby request a continuance of the Public Hearing for Rezoning (Z22-18) from December 1, 2022 until a date agreed upon by all parties. The reasons for this request are 1.) there was insufficient time allowed for interested parties to review, coordinate, and evaluate the potential impact of rezoning. 2.) A page appears to have been omitted from the mailed notice that would have allowed for written comments. Signature Date Name -1 --- Phone Number _ . 1 �- � Board of Commissioners - January 9, 2023 ITEM: 15- 10 - 19 PETITION SUBJECT: Request for Continuance of Public Hearing from December 1, 2022 Until Date Agreed Upon by All Parties TO: New Hanover County Planning and Use Board 230 Government Center Drive Suite 110 Wilmington, NC 28403 From: Property Owners and Interested Parties of the Public Hearing Board to Rezone Property at 6634 Carolina Beach Road (Z22-18) The undersigned hereby request a continuance of the Public Hearing for Rezoning (Z22-18) from December 1, 2022 until a date agreed upon by all parties. The reasons for this request are 1.) there was insufficient time allowed for interested parties to review, coordinate, and evaluate the potential impact of rezoning. 2.) A page appears to have been omitted from the mailed notice that would have allowed for written comments. 7 � > Signature _ Date _ Name Address Phone Number _ ��✓ -�/=� - Board of Commissioners - January 9, 2023 ITEM: 15- 10 - 20 PETITION SUBJECT: Request for Continuance of Public Hearing from December 1, 2022 Until Date Agreed Upon by All Parties TO: New Hanover County Planning and Use Board 230 Government Center Drive Suite 110 Wilmington, NC 28403 From: Property Owners and Interested Parties of the Public Hearing Board to Rezone Property at 6634 Carolina Beach Road (Z22-18) The undersigned hereby request a continuance of the Public Hearing for Rezoning (Z22-18) from December 1, 2022 until a date agreed upon by all parties. The reasons for this request are 1.) there was insufficient time allowed for interested parties to review, coordinate, and evaluate the potential imp f rezoning. 2.) A page appears to have been omitted from the mailed notice that wouIZWOIIaIlowed for written comments. z i l G 2. Signatur Date NameCO-)CO, Address _ �' CA G — kA, AW2,_ A C)) Phone Number Board of Commissioners - January 9, 2023 ITEM: 15- 10 - 21 PETITION SUBJECT: Request for Continuance of Public Hearing from December 1, 2022 Until Date Agreed Upon by All Parties TO: New Hanover County Planning and Use Board 230 Government Center Drive Suite 110 Wilmington, NC 28403 From: Property Owners and Interested Parties of the Public Hearing Board to Rezone Property at 6634 Carolina Beach Road (Z22-18) The undersigned hereby request a continuance of the Public Hearing.for Rezoning (Z22-18) from December 1, 2022 until a date agreed upon by all parties. The reasons for this request are 1.) there was insufficient time allowed for interested parties to review, coordinate, and evaluate the potential impact of rezoning. 2.) A page appears to have been omitted from the mailed notice that would have allowed for written comments. Signature Date Name Slrt �GI�� lL� - Address L)-t' D1z- i 01 Phone Number -�i (— ze?Vi Board of Commissioners - January 9, 2023 ITEM: 15- 10 - 22 PETITION SUBJECT: Request for Continuance of Public Hearing from December 1, 2022 Until Date Agreed Upon by All Parties TO: New Hanover County Planning and Use Board 230 Government Center Drive Suite 110 Wilmington, NC 28403 From: Property Owners and Interested Parties of the Public Hearing Board to Rezone Property at 6634 Carolina Beach Road (Z22-18) The undersigned hereby request a continuance of the Public Hearing for Rezoning (Z22-18) from December 1, 2022 until a date agreed upon by all parties. The reasons for this request are 1.) there was insufficient time allowed for interested parties to review, coordinate, and evaluate the potential impact of rezoning. 2.) A page appears to have been omitted from the mailed notice that would have allowed for written comments. Signature �— _ ___ _ _ __ Date 1"12�s� 2z _ Name Address Phone Number _ a o " Board of Commissioners - January 9, 2023 ITEM: 15- 10 - 23 PETITION SUBJECT: Request for Continuance of Public Hearing from December 1, 2022 Until Date Agreed Upon by All Parties TO: New Hanover County Planning and Use Board 230 Government Center Drive Suite 110 Wilmington, NC 28403 From: Property Owners and Interested Parties of the Public Hearing Board to Rezone Property at 6634 Carolina Beach Road (Z22-18) The undersigned hereby request a continuance of the Public Hearing for Rezoning (Z22-18) from December 1, 2022 until a date agreed upon by all parties. The reasons for this request are 1.) there was insufficient time allowed for interested parties to review, coordinate, and evaluate the potential impact of rezoning. 2.) A page appears to have been omitted from the mailed notice that would have allowed for written comments. ii Signature _ Date L 40 Name I Address -- Phone Number [ � Board of Commissioners - January 9, 2023 ITEM: 15- 10 - 24 PETITION SUBJECT: Request for Continuance of Public Hearing from December 1, 2022 Until Date Agreed Upon by All Parties TO: New Hanover County Planning and Use Board 230 Government Center Drive Suite 110 Wilmington, NC 28403 From: Property Owners and Interested Parties of the Public Hearing Board to Rezone Property at 6634 Carolina Beach Road (Z22-18) The undersigned hereby request a continuance of the Public Hearing for Rezoning (Z22-18) from December 1, 2022 until a date agreed upon by all parties. The reasons for this request are 1.) there was insufficient time allowed for interested parties to review, coordinate, and evaluate the potential impact of rezoning. 2.) A page appears to have been omitted from the mailed notice that would have allowed for written comments. Signature P � Z� Name () 7jj AddressT-6. Phone Number 7Y-6 -501 /y 71�) DatejL,27—c-2-2— Board of Commissioners - January 9, 2023 ITEM: 15- 10 - 25 PETITION SUBJECT: Request for Continuance of Public Hearing from December 1, 2022 Until Date Agreed Upon by All Parties TO: New Hanover County Planning and Use Board 230 Government Center Drive Suite 110 Wilmington, NC 28403 From: Property Owners and Interested Parties of the Public Hearing Board to Rezone Property at 6634 Carolina Beach Road (Z22-18) The undersigned hereby request a continuance of the Public Hearing for Rezoning (Z22-18) from December 1, 2022 until a date agreed upon by all parties. The reasons for this request are 1.) there was insufficient time allowed for interested parties to review, coordinate, and evaluate the potential impact of rezoning. 2.) A page appears to have been omitted from the mailed notice that would have allowed for written comments. Signature 6__ Date `/ Name Address G �•� .� �- . J ; ►''u, r-> f'�'��/ c`7� Z Phone Number H 1 �` )`Z —q6'] Board of Commissioners - January 9, 2023 ITEM: 15- 10 - 26 PETITION SUBJECT: Request for Continuance of Public Hearing from December 1, 2022 Until Date Agreed Upon by All Parties TO: New Hanover County Planning and Use Board 230 Government Center Drive Suite 110 Wilmington, NC 28403 From: Property Owners and Interested Parties of the Public Hearing Board to Rezone Property at 6634 Carolina Beach Road (Z22-18) The undersigned hereby request a continuance of the Public Hearing for Rezoning (Z22-18) from December 1, 2022 until a date agreed upon by all parties. The reasons for this request are 1.) there was insufficient time allowed for interested parties to review, coordinate, and evaluate the potential impact of rezoning. 2.) A page appears to have been omitted from the mailed notice that would have allowed for written comments. Signatur Date. Name j, w e C, r ra Address — Phone Number _ 0^ &1 S� ? I Board of Commissioners - January 9, 2023 ITEM: 15- 10 - 27 PETITION SUBJECT: Request for Continuance of Public Hearing from December 1, 2022 Until Date Agreed Upon by All Parties TO: New Hanover County Planning and Use Board 230 Government Center Drive Suite 110 Wilmington, NC 28403 From: Property Owners and Interested Parties of the Public Hearing Board to Rezone Property at 6634 Carolina Beach Road (Z22-18) The undersigned hereby request a continuance of the Public Hearing for Rezoning (Z22-18) from December 1, 2022 until a date agreed upon by all parties. The reasons for this request are 1.) there was insufficient time allowed for interested parties to review, coordinate, and evaluate the potential impact of rezoning. 2.) A page appears to have been omitted from the mailed notice that would have allowed for written comments. Signature —Z�L7 C Y: 9t4Z-- — - — Name Date 'Vo, aj," gods Address . 216 eac. < Phone Number Board of Commissioners - January 9, 2023 ITEM: 15- 10 - 28 PETITION SUBJECT: Request for Continuance of Public Hearing from December 1, 2022 Until Date Agreed Upon by All Parties TO: New Hanover County Planning and Use Board 230 Government Center Drive Suite 110 Wilmington, NC 28403 From: Property Owners and Interested Parties of the Public Hearing Board to Rezone Property at 6634 Carolina Beach Road (Z22-18) The undersigned hereby request a continuance of the Public Hearing for Rezoning (Z22-18) from December 1, 2022 until a date agreed upon by all parties. The reasons for this request are 1.) there was insufficient time allowed for interested parties to review, coordinate, and evaluate the potential impact of rezoning. 2.) A page appears to have been omitted from the mailed notice that would have allowed for written comments. Signature k Date Name Address Phone Number � l ] / -�— C lt"V ir Board of Commissioners - January 9, 2023 ITEM: 15- 10 - 29 PETITION SUBJECT: Request for Continuance of Public Hearing from December 1, 2022 Until Date Agreed Upon by All Parties TO: New Hanover County Planning and Use Board 230 Government Center Drive Suite 110 Wilmington, NC 28403 From: Property Owners and Interested Parties of the Public Hearing Board to Rezone Property at 6634 Carolina Beach Road (Z22-18) The undersigned hereby request a continuance of the Public Hearing for Rezoning (Z22-18) from December 1, 2022 until a date agreed upon by all parties. The reasons for this request are 1.) there wp-insufficient time allowed for interested parties to review, coordinate, and evaluate tential impact of rezoning. 2.) A page appears to have been omitted from the mailed ice & would have allowed for written comments. Sign Name �0 L'L'Em Date 4 1 /'0 /l� Address -�-D22, -FDuk9-0f--Q 2-SW Phone Number e L11 -� � � � � � Board of Commissioners - January 9, 2023 ITEM: 15- 10 - 30 PETITION SUBJECT: Request for Continuance of Public Hearing from December 1, 2022 Until Date Agreed Upon by All Parties TO: New Hanover County Planning and Use Board 230 Government Center Drive Suite 110 Wilmington, NC 28403 From: Property Owners and Interested Parties of the Public Hearing Board to Rezone Property at 6634 Carolina Beach Road (Z22-18) The undersigned hereby request a continuance of the Public Hearing for Rezoning (Z22-18) from December 1, 2022 until a date agreed upon by all parties. The reasons for this request are 1.) there was insufficient time allowed for interested parties to review, coordinate, and evaluate the potential impact of rezoning. 2.) A page appears to have been omitted from the mailed notice that would have allowed for written comments. Signature _ Date Name e d a A'qcl l VVtP p7GtL - Address �� __ 004Yl OleF U� LDS' WIC M T:-u -6T o.L1 e a-ej Phone Number -- q(0.— 71?-( °2 Z 3,T- Board of Commissioners - January 9, 2023 ITEM: 15- 10 - 31 PETITION SUBJECT: Request for Continuance of Public Hearing from December 1, 2022 Until Date Agreed Upon by All Parties TO: New Hanover County Planning and Use Board 230 Government Center Drive Suite 110 Wilmington, NC 28403 From: Property Owners and Interested Parties of the Public Hearing Board to Rezone Property at 6634 Carolina Beach Road (Z22-18) The undersigned hereby request a continuance of the Public Hearing for Rezoning (Z22-18) from December 1, 2022 until a date agreed upon by all parties. The reasons for this request are 1.) there was insufficient time allowed for interested parties to review, coordinate, and evaluate the potential impact of rezoning. 2.) A page appears to have been omitted from the mailed notice that ,would ha allowed for written comments. Signature Date Name w how Address 1✓tAl%u 4�5/�✓� _UV9J�� Inc a`i�IZ Phone Number -70 - Board of Commissioners - January 9, 2023 ITEM: 15- 10 - 32 PETITION SUBJECT: Request for Continuance of Public Hearing from December 1, 2022 Until Date Agreed Upon by All Parties TO: New Hanover County Planning and Use Board 230 Government Center Drive Suite 110 Wilmington, NC 28403 From: Property Owners and Interested Parties of the Public Hearing Board to Rezone Property at 6634 Carolina Beach Road (Z22-18) The undersigned hereby request a continuance of the Public Hearing for Rezoning (Z22-18) from December 1, 2022 until a date agreed upon by all parties. The reasons for this request are 1.) there was insufficient time allowed for interested parties to review, coordinate, and evaluate the potential impact of rezoning. 2.) A page appears to have been omitted from the mailed notice that would have allowed for written comments. J � Signature Date %l a Name- vv6 _ Address Phone Number_C/� (N�/Via Board of Commissioners - January 9, 2023 ITEM: 15- 10 - 33 PETITION SUBJECT: Request for Continuance of Public Hearing from December 1, 2022 Until Date Agreed Upon by All Parties TO: New Hanover County Planning and Use Board 230 Government Center Drive Suite 110 Wilmington, NC 28403 From: Property Owners and Interested Parties of the Public Hearing Board to Rezone Property at 6634 Carolina Beach Road (Z22-18) The undersigned hereby request a continuance of the Public Hearing for Rezoning (Z22-18) from December 1, 2022 until a date agreed upon by all parties. The reasons for this request are 1.) there was insufficient time allowed for interested parties to review, coordinate, and evaluate the potential impact of rezoning. 2.) A page appears to have been omitted from the mailed notice that would have allowed for written comments. �eN��,,L ©c.eiw `� Signature _ _ __ _ _ Date Name I`�d /L� o U► Mu Address Phone Number 41(o - — - -- - Board of Commissioners - January 9, 2023 ITEM: 15- 10 - 34 PETITION SUBJECT: Request for Continuance of Public Hearing from December 1, 2022 Until Date Agreed Upon by All Parties TO: New Hanover County Planning and Use Board 230 Government Center Drive Suite 110 Wilmington, NC 28403 From: Property Owners and Interested Parties of the Public Hearing Board to Rezone Property at 6634 Carolina Beach Road (Z22-18) The undersigned hereby request a continuance of the Public Hearing for Rezoning (Z22-18) from December 1, 2022 until a date agreed upon by all parties. The reasons for this request are 1.) there was insufficient time allowed for interested parties to review, coordinate, and evaluate the potential impact of rezoning. 2.) A page appears to have been omitted from the mailed notice that would have allowed for written comments. Signature L Date Name _ Address Phone Number.. 10 �� ~ �- ZSU 19 — — Board of Commissioners - January 9, 2023 ITEM: 15- 10 - 35 PETITION SUBJECT: Request for Continuance of Public Hearing from December 1, 2022 Until Date Agreed Upon by All Parties TO: New Hanover County Planning and Use Board 230 Government Center Drive Suite 110 Wilmington, NC 28403 From: Property Owners and Interested Parties of the Public Hearing Board to Rezone Property at 6634 Carolina Beach Road (Z22-18) The undersigned hereby request a continuance of the Public Hearing for Rezoning (Z22-18) from December 1, 2022 until a date agreed upon by all parties. The reasons for this request are 1.) there was insufficient time allowed for interested parties to review, coordinate, and evaluate the potential impact of rezoning. 2.) A page appears to have been omitted from the mailed notice that would have allowed for written comments. Signature ' ✓- Date �RX-z--Zg ZJ Z �- Name Address Phone Number Board of Commissioners - January 9, 2023 ITEM: 15- 10 - 36 PETITION SUBJECT: Request for Continuance of Public Hearing from December 1, 2022 Until Date Agreed Upon by All Parties TO: New Hanover County Planning and Use Board 230 Government Center Drive Suite 110 Wilmington, NC 28403 From: Property Owners and Interested Parties of the Public Hearing Board to Rezone Property at 6634 Carolina Beach Road (Z22-18) The undersigned hereby request a continuance of the Public Hearing for Rezoning (Z22-18) from December 1, 2022 until a date agreed upon by all parties. The reasons for this request are 1.) there was insufficient time allowed for interested parties to review, coordinate, and evaluate the potential impact of rezoning. 2.) A page appears to have been omitted from the mailed notice that would have allowed for written comments. i Signature Name _ ',,� 1(- Address _ �--- Phone Number � Date 1 a Board of Commissioners - January 9, 2023 ITEM: 15- 10 - 37 PETITION SUBJECT: Request for Continuance of Public Hearing from December 1, 2022 Until Date Agreed Upon by All Parties TO: New Hanover County Planning and Use Board 230 Government Center Drive Suite 110 Wilmington, NC 28403 From: Property Owners and Interested Parties of the Public Hearing Board to Rezone Property at 6634 Carolina Beach Road (Z22-18) The undersigned hereby request a continuance of the Public Hearing for Rezoning (Z22-18) from December 1, 2022 until a date agreed upon by all parties. The reasons for this request are 1.) there was insufficient time allowed for interested parties to review, coordinate, and evaluate the potential impact of rezoning. 2.) A page appears to have been omitted from the mailed notice that would have allowed for written comments. Signature / Name �� f Address C /7a � Phone Number L�� Date .z�" Board of Commissioners - January 9, 2023 ITEM: 15- 10 - 38 PETITION SUBJECT: Request for Continuance of Public Hearing from December 1, 2022 Until Date Agreed Upon by All Parties TO: New Hanover County Planning and Use Board 230 Government Center Drive Suite 110 Wilmington, NC 28403 From: Property Owners and Interested Parties of the Public Hearing Board to Rezone Property at 6634 Carolina Beach Road (Z22-18) The undersigned hereby request a continuance of the Public Hearing for Rezoning (Z22-18) from December 1, 2022 until a date agreed upon by all parties. The reasons for this request are 1.) there was insufficient time allowed for interested parties to review, coordinate, and evaluate the potential impact of rezoning. 2.) A page appears to have been omitted from the mailed notice that would have allowed for written comments. Signature Name Address" Date C'46C/Dcaj(��t- 6)1'441n Phone Number /j -8C�l ,�3 Q 6 Board of Commissioners - January 9, 2023 ITEM: 15- 10 - 39 PETITION SUBJECT: Request for Continuance of Public Hearing from December 1, 2022 Until Date Agreed Upon by All Parties TO: New Hanover County Planning and Use Board 230 Government Center Drive Suite 110 Wilmington, NC 28403 From: Property Owners and Interested Parties of the Public Hearing Board to Rezone Property at 6634 Carolina Beach Road (Z22-18) The undersigned hereby request a continuance of the Public Hearing for Rezoning (Z22-18) from December 1, 2022 until a date agreed upon by all parties. The reasons for this request are 1.) there was insufficient time allowed for interested parties to review, coordinate, and evaluate the potential impact of rezoning. 2.) A page appears to have been omitted from the mailed notice that would have allowed for written comments. d Signature —__ Date _ Name �,� r �` 9t C 6 ,(- Address. _ _ `� _ A Phone Number _. _ _ 7j Y Board of Commissioners - January 9, 2023 ITEM: 15- 10 - 40 PETITION SUBJECT: Request for Continuance of Public Hearing from December 1, 2022 Until Date Agreed Upon by All Parties TO: New Hanover County Planning and Use Board 230 Government Center Drive Suite 110 Wilmington, NC 28403 From: Property Owners and Interested Parties of the Public Hearing Board to Rezone Property at 6634 Carolina Beach Road (Z22-18) The undersigned hereby request a continuance of the Public Hearing for Rezoning (Z22-18) from December 1, 2022 until a date agreed upon by all parties. The reasons for this request are 1.) there was insufficient time allowed for interested parties to review, coordinate, and evaluate the potential impact of rezoning. 2.) A page appears to have been omitted from the mailed notice that would have allowed for written comments. i •r Signature Name _ U X' Address _ / Phone Number - - q / 0 Date / J 62J -S- C) '-Y - -3Y(f (0 Board of Commissioners - January 9, 2023 ITEM: 15- 10 - 41 PETITION SUBJECT: Request for Continuance of Public Hearing from December 1, 2022 Until Date Agreed Upon by All Parties TO: New Hanover County Planning and Use Board 230 Government Center Drive Suite 110 Wilmington, NC 28403 From: Property Owners and Interested Parties of the Public Hearing Board to Rezone Property at 6634 Carolina Beach Road (Z22-18) The undersigned hereby request a continuance of the Public Hearing for Rezoning (Z22-18) from December 1, 2022 until a date agreed upon by all parties. The reasons for this request are 1.) there was insufficient time allowed for interested parties to review, coordinate, and evaluate the potential impact of rezoning. 2.) A page appears to have been omitted from the mailed notice that would have allowed for written comments. Signature C� ' � Date Name Address Iv - - Phone Number " Board of Commissioners - January 9, 2023 ITEM: 15- 10 - 42 PETITION SUBJECT: Request for Continuance of Public Hearing from December 1, 2022 Until Date Agreed Upon by All Parties TO: New Hanover County Planning and Use Board 230 Government Center Drive Suite 110 Wilmington, NC 28403 From: Property Owners and Interested Parties of the Public Hearing Board to Rezone Property at 6634 Carolina Beach Road (Z22-18) The undersigned hereby request a continuance of the Public Hearing for Rezoning (Z22-18) from December 1, 2022 until a date agreed upon by all parties. The reasons for this request are 1.) there was insufficient time allowed for interested parties to review, coordinate, and evaluate the potential impact of rezoning. 2.) A page appears to have been omitted from the mailed notice that would have allowed for written comments. Signature �� • Date 12J — Name Address Phone Number ! to Y �U Board of Commissioners - January 9, 2023 ITEM: 15- 10 - 43 PETITION SUBJECT: Request for Continuance of Public Hearing from December 1, 2022 Until Date Agreed Upon by All Parties TO: New Hanover County Planning and Use Board 230 Government Center Drive Suite 110 Wilmington, NC 28403 From: Property Owners and Interested Parties of the Public Hearing Board to Rezone Property at 6634 Carolina Beach Road (Z22-18) The undersigned hereby request a continuance of the Public Hearing for Rezoning (Z22-18) from December 1, 2022 until a date agreed upon by all parties. The reasons for this request are 1.) there was insufficient time allowed for interested parties to review, coordinate, and evaluate the potential impact of rezoning. 2.) A page appears to have been omitted from the mailed notice that would have allowed for written comments. Signature Date Name 1` rvv-r--- Address Phone Numbe Board of Commissioners - January 9, 2023 ITEM: 15- 10 - 44 PETITION SUBJECT: Request for Continuance of Public Hearing from December 1, 2022 Until Date Agreed Upon by All Parties TO: New Hanover County Planning and Use Board 230 Government Center Drive Suite 110 Wilmington, NC 28403 From: Property Owners and Interested Parties of the Public Hearing Board to Rezone Property at 6634 Carolina Beach Road (Z22-18) The undersigned hereby request a continuance of the Public Hearing for Rezoning (Z22-18) from December 1, 2022 until a date agreed upon by all parties. The reasons for this request are 1.) there was insufficient time allowed for interested parties to review, coordinate, and evaluate the potential impact of rezoning. 2.) A page appears to have been omitted from the mailed notice that would have allowed for written comments. i! Signature Date 1 Name Address 7 o-o Phone Number � G 6 Board of Commissioners - January 9, 2023 ITEM: 15- 10 - 45 PETITION SUBJECT: Request for Continuance of Public Hearing from December 1, 2022 Until Date Agreed Upon by All Parties TO: New Hanover County Planning and Use Board 230 Government Center Drive Suite 110 Wilmington, NC 28403 From: Property Owners and Interested Parties of the Public Hearing Board to Rezone Property at 6634 Carolina Beach Road (Z22-18) The undersigned hereby request a continuance of the Public Hearing for Rezoning (Z22-18) from December 1, 2022 until a date agreed upon by all parties. The reasons for this request are 1.) there was insufficient time allowed for interested parties to review, coordinate, and evaluate the potential impact of rezoning. 2.) A page appears to have been omitted from the mailed notice that would have allowed for written comments. Signature vaA-J- 0("� Date Address o '' (� /L /Z v v G f ( i2. LP l �- 1� l N �o C) IJ � Phone Number—EN::�"" v / Board of Commissioners - January 9, 2023 ITEM: 15- 10 - 46 PETITION SUBJECT: Request for Continuance of Public Hearing from December 1, 2022 Until Date Agreed Upon by All Parties i TO: New Hanover County Planning and Use Board 230 Government Center Drive Suite 110 Wilmington, NC 28403 From: Property Owners and Interested Parties of the Public Hearing Board to Rezone Property at 6634 Carolina Beach Road (Z22-18) The undersigned hereby request a continuance of the Public Hearing for Rezoning (Z22-18) from December 1, 2022 until a date agreed upon by all parties. The reasons for this request are 1.) there was insufficient time allowed for interested parties to review, coordinate, and evaluate the potential impact of rezoning. 2.) A page appears to have been omitted from the mailed notice that would have allowed for written comments. Signature _ Date Name 7 ©, 1 r Address ! , Phone Number 9i ) A3.2 - I YOR Board of Commissioners - January 9, 2023 ITEM: 15- 10 - 47 PETITION SUBJECT: Request for Continuance of Public Hearing from December 1, 2022 Until Date Agreed Upon by All Parties TO: New Hanover County Planning and Use Board 230 Government Center Drive Suite 110`'` " Wilmington, NC 28403 From: Property Owners and Interested Parties of the Public Hearing Board to Rezone Property at 6634 Carolina Beach Road (Z22-18) The undersigned hereby request a continuance of the Public Hearing for Rezoning (Z22-18) from December 1, 2022 until a date agreed upon by all parties. The reasons for this request are 1.) there was insufficient time allowed for interested parties to review, coordinate, and evaluate the potential impact of rezoning. 2.) A page appears to have been omitted from the mailed notice that would have allowed for written comments. Signat Name J ure Date — Address BSI ►� �aQ�"� '`�` Phone Number Board of Commissioners - January 9, 2023 ITEM: 15- 10 - 48 '5v1, PETITION SUBJECT: Request for Continuance of Public Hearing from December 1, 2022 Until Date Agreed Upon by All Parties TO: New Hanover County Planning and Use Board 230 Government Center Drive Suite 110 Wilmington, NC 28403 From: Property Owners and Interested Parties of the Public Hearing Board to Rezone Property at 6634 Carolina Beach Road (Z22-18) The undersigned hereby request a continuance of the Public Hearing for Rezoning (Z22-18) from December 1, 2022 until a date agreed upon by all parties. The reasons for this request are 1.) there was insufficient time allowed for interested parties to review, coordinate, and evaluate the potential impact of rezoning. 2.) A page appears to have been omitted from the mailed notice that would have allowed for written comments. Signature 41 Name Address Phone Number Date d r ^ ZZ i�'n Nf Iz Board of Commissioners - January 9, 2023 ITEM: 15- 10 - 49 PETITION SUBJECT: Request for Continuance of Public Hearing from December 1, 2022 Until Date Agreed Upon by All Parties TO: New Hanover County Planning and Use Board 230 Government Center Drive Suite 110 Wilmington, NC 28403 From: Property Owners and Interested Parties of the Public Hearing Board to Rezone Property at 6634 Carolina Beach Road (Z22-18) The undersigned hereby request a continuance of the Public Hearing for Rezoning (Z22-18) from December 1, 2022 until a date agreed upon by all parties. The reasons for this request are 1.) there was insufficient time allowed for interested parties to review, coordinate, and evaluate the potential impact of rezoning. 2.) A page appears to have been omitted from the mailed notice that wou allowed for written comments. /Z-S �� 2_ Signature '� / _ Date / r � Name �- r I c- V" -\ Q C"' Address / Phone Number C Board of Commissioners - January 9, 2023 ITEM: 15- 10 - 50 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/9/2023 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 (Z22-21) - Request by Paramounte Engineering, applicant, on behalf of the Cornelius E Nixon Revocable Trust, Cornelius Nixon Trust, and Nixon Associates, LLC, property owners, to rezone four parcels totaling approximately 9.75 acres of land located at 7011 Ruth Avenue from B-2, Regional Business and R-15, Residential to (CZD) RMF-M, Residential Multi -Family — Moderate Density for a multi -family development. BRIEF SUMMARY: The applicant is proposing to rezone approximately 9.75 acres at 7011 Ruth Avenue, 7032 Ruth Avenue, 7001 Market Street, and 7035 Market Street from B-2, Regional Business and R-15, Residential to (CZD) RMF-M, Conditional Residential Multi -Family - Moderate Density. The proposed development consists of 2 multi -family residential structures containing a maximum of 144 units, a leasing center/amenity space, and associated parking and stormwater. The zoning districts for the subject sites, B-2 and R-15, were established in 1972. At the time, the purpose of the R-15 district was to ensure that housing served by private septic and wells would be developed at low densities. The B-2 district was applied in places where commercial uses already existed or were anticipated. Since that time, water and sewer services have become available to the surrounding area and the area has become more urbanized; however, the Market Street corridor remains primarily zoned for business uses and a variety of residentially zoned properties of varying intensities. The purpose of the RMF-M, Multi -Family Residential District is to provide lands that accommodate moderate density single-family and multi -family development and to serve as a transitional district between intensive nonresidential development and higher density residential areas. The proposed 144-unit development equates to a density of 14.77 units per acre. The RMF-M district allows up to 17 units per acre by -right. Four story multi -family structures are subject to larger setbacks from property lines shared with existing single-family dwellings. The proposed structures are separated from single-family residential by a leasing office, access drive, and power line easement. The subject property is located along one of the county's more densely developed corridors and in between the City of Wilmington and the Kirkland — Porters Neck commercial node. The Market Street Corridor has seen a shift from lower density uses to more intense, compact, and denser developments. The parcel has access to Ruth Avenue and Market Street. Primary access is proposed to be provided to the subject property from Ruth Avenue, a private right-of-way to be maintained by the developer. Ruth Avenue connects to Ogden Park Drive. Secondary access is to be provided by a roadway connecting the proposed development to Market Street, Board of Commissioners - January 9, 2023 ITEM: 16 an NCDOT major arterial roadway. It is anticipated that this secondary access will be a right in, right out only, per the applicant. The existing site accommodates a single-family dwelling, which is estimated to generate approximately 1 AM peak hour and 1 PM peak hour trip. The trips generated from the requested B-2 portion of the property would vary based on the proposed uses within this district. It is estimated that 9.09 acres of property zoned B-2 can generally support approximately 71,300 square feet of traditional general retail uses based on an 18% building area typical for this type of zoning. As an example, a development of a 71,300 square foot supermarket, a permissible use within the B-2 zoning district, is estimated to generate about 252 AM and 644 PM peak hour trips. The estimated traffic generated from the site is under the 100 peak hour threshold that triggers the ordinance requirement for a Traffic Impact Analysis (TIA). The proposed RMF-M district is estimated to generate approximately 52 AM peak hour and 57 PM pear hour trips. The proposed RMF-M development would decrease the estimated number of trips by approximately 200 in the AM peak hour and 587 in the PM peak hour. Based on a generalized historic generation rate, staff would estimate that the increase in homes would result in approximately 32 additional students than would be generated under current zoning. One of the goals of the New Hanover County Strategic Plan for 2018-2023 is to encourage the development of complete communities in the unincorporated county by increasing housing diversity and access to basic goods and services. The proposed RMF-M CZD zoning district would allow for an increase in housing diversity and would allow those residents to utilize existing goods and services within one mile of the subject property. Given the commercial development fronting the Market Street corridor to the south and the extension of Military Cutoff to the west, the proposed multi -family development could be an appropriate transition between those heavily traveled corridors and the single-family residential uses along Ruth Avenue rather than uses possible within the existing B-2 zoning. Required setbacks are placed to limit the level of impacts along the property boundaries and are contingent on the type and scale of development located on this parcel. The applicant has positioned the proposed multi -family structures to be setback 100' from the residential uses along Ruth Avenue. Transitional buffers also serve as a mitigation method to limit impacts on adjacent uses. The applicant has provided a landscape buffer along the property line between the multi -family residential structure and the existing single-family dwelling. The Comprehensive Plan classifies the property as Urban Mixed Use, which promotes development of a mix of residential, office, and retail uses at higher densities. This classification intends for moderate to high densities while also providing a transition between the existing lower density housing and higher intensity commercial uses along heavily traveled roadway corridors, such as the Market Street Corridor. The proposed RMF-M zoning is generally CONSISTENT with the 2016 Comprehensive Plan because the district is more in line with the densities recommended for Urban Mixed Use areas, especially near growth nodes, than the existing zoning. Additionally, the shape and form of the development proposed could serve as an appropriate transition from the existing single-family dwellings along Ruth Avenue from the Military Cutoff Extension, the commercial and institutional uses, and the power station. The Planning Board considered this application at their December 1, 2022 meeting. No one spoke in opposition to the request. The Planning Board recommended approval of the petition (5-0) with an additional condition specifying that the leasing amenity office be no taller than one story. The Planning Board found the application CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Urban Mixed Use place type and the residential densities are in -line with those recommended forthe property. Board of Commissioners - January 9, 2023 ITEM: 16 The Planning Board also found recommending APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would benefit the community by providing a transition between the existing land uses along Ruth Avenue, the roadway to the west, and the commercial uses to the south, and will provide additional housing in close proximity to existing and future commercial development in between the City of Wilmington and the Kirkland — Porters Neck Commercial Node. STRATEGIC PLAN ALIGNMENT: • Intelligent Growth & Economic Development o Encourage development of complete communities in the unincorporated county ■ Ensure NHC has appropriate housing to support business growth RECOMMENDED MOTION AND REQUESTED ACTIONS: The proposal is located along a major arterial roadway between the Kirkland — Porters Neck Commercial Node and the City of Wilmington where uses have shifted from low density residential and smaller scale businesses into developments that are more compact, of higher density, and of higher intensity. The proposal could also serve as an appropriate transition between the heavily traveled Market Street Corridor and the future Military Cutoff Extension to the abutting, less intense land uses. Because this proposal is in line with the Comprehensive Plan recommendations for this area, is similar in form and density to other projects, such as Amberleigh Shore and The Park at Three Oaks, located along this portion of the Market Street corridor, and could serve as an appropriate transition between the less intense land uses and the roadway corridors, staff concurs with the Planning Board's recommendation of this application and suggests the following motion with the proposed condition: I move to APPROVE the proposed rezoning to a (CZD) RMF-M district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Urban Mixed Use place type and the residential densities are in -line with those recommended for the property. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would benefit the community by providing a transition between the existing land uses along Ruth Avenue, the roadway to the west, and the commercial uses to the south, and will provide additional housing in close proximity to existing and future commercial development in between the City of Wilmington and the Kirkland — Porters Neck Commercial Node. Proposed Conditions: 1. The amenity leasing office shall be limited to one story in height. Alternative Motion for Denial I move to DENY the proposed rezoning to a (CZD) RMF-M district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Urban Mixed Use place type and the residential densities are in line with those recommended for the property, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent neighborhoods. ATTACHMENTS: Z22-21 - Script BOC Final Board of Commissioners - January 9, 2023 ITEM: 16 Z22-21 - Staff Report BOC Final Z22-21 - Zoning Z22-21 - FLUM Z22-21 - Mailout Map Initial Application Cover Sheet Application Package PB Concept Plan Cover Sheet Z22-21 - Concept Plan Public Comments Cover Sheet COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval with condition as presented by staff. COMMISSIONERS' ACTIONS: Approved with condition 5-0. Board of Commissioners - January 9, 2023 ITEM: 16 BOARD OF COMMISSIONERS SCRIPT for Zoning Map Amendment Application (Z22-21) Request by Paramounte Engineering, applicant, on behalf of the Cornelius E Nixon Revocable Trust, Cornelius Nixon Trust, and Nixon Associates, LLC, property owners, to rezone four parcels totaling approximately 9.75 acres of land located at 7011 Ruth Avenue from B-2, Regional Business and R- 15, Residential to (CZD) RMF-M, Residential Multi -Family — Moderate Density for a multi -family development. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant's presentation 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? b. Vote on the application. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why approval or denial of the rezoning request is reasonable and in the public interest. Example Motion for Approval I move to APPROVE the proposed rezoning to a (CZD) RMF-M district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Urban Mixed Use place type and the residential densities are in -line with those recommended for the property. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would benefit the community by providing a transition between the existing land uses along Ruth Avenue, the roadway to the west, and the commercial uses to the south, an provide additional housing in close proximity to existing and future commercial develol in between the City of Wilmington and the Kirkland — Porters Neck Commercial Node. Proposed Condition: 1 . The amenity leasing office shall be limited to one story in height. Board of Commissioners - January 9, 2023 ITEM: 16- 1 - 1 1 Example Motion for Denial I move to DENY the proposed rezoning to a (CZD) RMF-M district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Urban Mixed Use place type and the residential densities are in -line with those recommended for the property, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent neighborhoods. Alternative Motion for Approval/Denial: I move to [Approve/Deny] the proposed rezoning to a conditional RMF-M district. I find it to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] I also find [Approval/Denial] of the rezoning request is reasonable and in the public interest because [insert reasons] Board of Commissioners - January 9, 2023 ITEM: 16- 1 - 2 STAFF REPORT FOR Z22-21 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z22-21 Request: Rezone 9.75 acres to (CZD) R-5, Conditional Residential District Applicant: Property Owner(s): Cornelius Nixon Trust B (7011 Ruth Avenue); Paramounte Engineering, Inc Cornelius E Nixon Rev Trust, LLC (7032 Ruth Avenue); Nixon Associates, LLC (7001 & 7035 Market Street) Location: Acreage: 701 1 Ruth Avenue, 7032 Ruth Avenue, 7001 9.75 acres Market Street, & 7035 Market Street PID(s): Comp Plan Place Type: R04409-004-006-000; R04409-004-004- 000; R04400-002-008-000; R04400-002- Urban Mixed Use 016-000 Existing Land Use: Proposed Land Use: Undeveloped, Utilities, Residential 144-Unit Multi -Family Residential Development Current Zoning: Proposed Zoning: B-2, Business District & R-15, Residential (CZD) RMF-M, Residential Multi -Family — District Moderate Density SURROUNDING AREA LAND USE ZONING North Single -Family Residential, Utilities, Ogden Park R-15 East Single -Family Residential, Market Street ROW R-15 South Enoch Chapel Baptist Church, Commercial Uses, Market Street ROW B 2 West Military Road Cutoff Extension ROW N/A Z22-21 Staff Report BOC 1.9.2023 Page 1 of 19 Board of Commissioners - January 9, 2023 ITEM: 16- 2 - 1 ZONING HISTORY July 7, 1972 Initially zoned B-2 & R-15 (Area 8B) COMMUNITY SERVICES Water/Sewer Water and sewer services are available through CFPUA Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Ogden Station Schools Blair Elementary, Trask Middle, and New Hanover High Schools Recreation Ogden Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Z22-21 Staff Report BOC 1 .9.2023 Page 2 of 19 Board of Commissioners - January 9, 2023 ITEM: 16- 2 - 2 APPLICANT'S PROPOSED CONCEPTUAL PLAN Proposed Site Plan with Staff Markups • The applicant is proposing to rezone approximately 9.75 acres across four parcels to (CZD) RMF-M to construct a 144-unit multi -family housing development with a maximum density of 14.77 units per acre. The proposed plan also includes associated parking, a leasing office, common amenities, and a stormwater management pond. • The proposed development consists of 2 multi -family, 4-story buildings on the parcels, which directly abut a variety of uses, including the Enoch Chapel Baptist Church, a power station, existing single-family dwellings, Ruth Avenue, and Ogden Park. • The community amenity and leasing office is located between Ruth Avenue and the proposed access from Market Street and abuts a single-family dwelling. • The stormwater infiltration basin of the development is proposed in the central portion of the subject site, between the multi -family structures and the adjacent retail uses. • Utility easements and open space are indicated along the portion of the project adjacent to the Military Cutoff Extension project. • Parking associated with the development is proposed along portions of the site abutting Ruth Avenue and the R-15 zoned parcels where the power station is located. Z22-21 Staff Report BOC 1.9.2023 Page 3 of 19 Board of Commissioners - January 9, 2023 ITEM: 16- 2 - 3 ZONING CONSIDERATIONS • The zoning districts for the subject sites, B-2 and R-15, were established in 1972. At the time, the purpose of the R-15 district was to ensure that housing served by private septic and wells would be developed at low densities. The B-2 district was applied in places where commercial uses already existed or were anticipated. Since that time, water and sewer services have become available to the surrounding area and the area has become more urbanized; however, the Market Street corridor remains primarily zoned for business uses and a variety of residentially zoned properties of varying intensities. • The purpose of the RMF-M, Multi -Family Residential District is to provide lands that accommodate moderate density single-family and multi -family development and to serve as a transitional district between intensive nonresidential development and higher density residential areas. • The proposed 144-unit development equates to a density of 14.77 units per acre. The RMF-M district allows up to 17 units per acre by -right. • Four story multi -family structures are subject to larger setbacks from property lines of parcels that accommodate existing single-family dwellings. The proposed structures are separated from single-family residential by a leasing office, access drive, and power line easement. • If approved, the project would be subject to Technical Review Committee and Zoning Compliance review processes to ensure full compliance with all ordinance requirements and specific conditions included in the approval. Only minor deviations from the approved conceptual plan, as defined by the UDO, would be allowed. Z22-21 Staff Report BOC 1.9.2023 Page 4 of 19 Board of Commissioners - January 9, 2023 ITEM: 16- 2 - 4 M City of Wilmington TRANSPORTATION Site Access N Ogden -park -Drive a O�aj mac Primary Access: \ Ruth Avenue via Ogden Park Drive F�0\ Site m Future Access: Market Street d ry'C Rosa deb Access is proposed to be provided to the subject property from Ruth Avenue, a private right-of-way to be maintained by the developer, to the north. Ruth Avenue connects to Ogden Park Drive. Secondary access is to be provided by a roadway connecting the proposed development to Market Street, an NCDOT major arterial roadway, to the east. It is anticipated that this secondary access will be a right in, right out only, per the applicant. The trips generated from the requested B-2 portion of the property would vary based on the proposed uses within this district. It is estimated that 9.09 acres of property zoned B-2 can generally support approximately 71,300 square feet of traditional general retail uses based on a typical 18% building area for this type of zoning. As an example, a development of a 71,300 square foot supermarket, a permissible use within the B-2 zoning district, is estimated to generate about 252 AM and 644 PM peak hour trips. The proposed RMF-M development would decrease the estimated number of peak hour trips by approximately 200 in the AM and 587 in the PM. Z22-21 Staff Report BOC 1.9.2023 Page 6 of 19 Board of Commissioners - January 9, 2023 ITEM: 16- 2 - 6 • 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). Intensity Approx. Peak Hour Trips Existing Development 1 Single-family 1 AM / 1 PM on R-15 Zoning: Dwelling Typical Development under 71,300 SF 252 AM 644 PM Current B-2 Zoning: Supermarket Proposed Development: Multifamily Housing, Mid- 144 Dwelling Units 52 AM 57 PM Rise (ITE Code 221): • Because a TIA is not required to analyze transportation impacts at this time, Staff has provided the volume to capacity ratio for the adjacent roadway near the subject site. While volume to capacity ratio, based on average daily trips, can provide a general idea of the function of adjacent roadways, the delay vehicles take in seconds to pass through intersections is generally considered a more effective measure when determining the Level of Service of a roadway. However, the available volume to capacity data indicates capacity currently exists in this area. NCDOT Averaae Annual Daily Traffic (AADT) — 2021 Road Location Volume Capacity V/C LOS Between Middle Sound Loop Market Street Road and Military Cutoff Road 48,000 37,232 1.29 F • NCDOT's Annual Average Daily Traffic (AADT) is the total volume of vehicle traffic on a section of a road, in both directions, for a year divided by 365 days. It is intended to estimate, with as little bias as possible, the mean traffic volume across all days for a year for a given location. • The Wilmington MPO also gathers independent traffic counts in the county at various dates and locations throughout the year. These counts are not adjusted or averages but instead represents all traffic over a 24-hour interval on the designated date and represent a specific snapshot in time of traffic for an area. WMPO Averaae Daily Traffic (ADT) — 7/6/2021 Road Location Volume Capacity V/C LOS Market Street Between Middle Sound Loop 58,765 37,231 1.58 F Road and Ogden Park Road • Before any development can occur on this site, the Technical Review Committee will review all plans for compliance with applicable land use regulations, including any recommended roadway improvement required through the NCDOT driveway permitting process. Z22-21 Staff Report BOC 1.9.2023 Page 7 of 19 Board of Commissioners - January 9, 2023 ITEM: 16- 2 - 7 • STIP Project U-6202 — Gordon Road Widening o Project widening Gordon Road from Market Street to 1-40. Right -of -Way and Utilities taking place in FY 2022. • STIP Project U-4751, U-4751 A —Military Cutoff Extension o Project to extend Military Cutoff from Market Street to 1-140. o The project is currently under construction and is expected to be completed in early- 2023. o The project will also install a sidewalk and multi -use path along the extension of Military Cutoff and the sections of Market Street included in the project. • STIP Project EB-6027 — Multi -Use Path o Project constructing a multi -use path south of Market Street from Red Cedar Road to existing trail at the corner of Market Street and Middle Sound Loop Road. Construction taking place in FY 2023. Nearby Traffic Impact Analyses: Traffic Impact Analyses (TIAs) are completed in accordance with the WMPO and NCDOT standards. Approved analyses must be re-examined by NCDOT if the proposed development is not completed by the build out date established within the TIA. Proposed Development Land Use/Intensity TIA Status • 2,200 square foot coffee 0Approved May 10, 2019 1. Ogden Starbucks shop with drive thru 0 2021 Build Out Year The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Installation of an additional exclusive eastbound right -turn lane on Lendire Road at Market Street (improvement installation to be coordinated with the Military Cutoff Extension project (U-4751). Modification of the signal timing at the same intersection to incorporate the new dual right -turn lanes. Nearby Proposed Developments included within the TIA: • None Development Status: Construction is complete. The installation of right -turn lane will be completed with the Military Cutoff extension project. Z22-21 Staff Report BOC 1 .9.2023 Page 9 of 19 Board of Commissioners - January 9, 2023 ITEM: 16- 2 - 9 Proposed Development (Land Use/Intensity ITIA Status • 694 multi -family units • General Office (26,000 sf) Medical Office (10,000 sf) 2. Lendire • Retail/Shopping Center • Approved November Commercial MXD (29,000 sf) 14, 2022 • High Turnover Restaurant 2024 Build Out Year (7,000 sf) • Fast -Food Restaurant with Drive-Thru (2,500 sf) The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Construct an eastbound left turn lane on Lendire Road at Ogden Business Park/Site Access #3 • Construct a southbound right turn lane on Market Street at Site Access #1 • Scenario 2 — Install a traffic signal at Market Street and Site Access #2 to provide full movement access. Consists of constructing a northbound left turn lane on Market Street, constructing a southbound right turn lane on Market Street, and turn lanes eastbound on Site Access #2 for turns onto Market Street. Nearby Proposed Developments included within the TIA: • None. Development Status: Project has not been issued permits for construction. (Proposed Development Land Use/Intensity TIA Status I • Approved September 29, 3. Primrose School • Day Care Center of up to 2021 191 students • 2022 Build Out Year The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Provide a northbound right turn lane at the site access on Market Street • Extension of the southbound left turn lane on Market Street to 400' of storage with an appropriate deceleration and taper length. This improvement is already programmed and expected to be built by others. (Nearby Proposed Developments included within the TIA: • Amberleigh Shores IIB (Development Status: Project is under construction. Z22-21 Staff Report BOC 1 .9.2023 Page 10 of 19 Board of Commissioners - January 9, 2023 ITEM: 16- 2 - 10 ENVIRONMENTAL • The property does not contain any Special Flood Hazard Areas or Natural Heritage Areas. • The property is within the Howe Creek and Smith Creek watersheds. Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class III (severe limitations for septic suitability). However, the site is expected to be served by CFPUA when developed. OTHER CONSIDERATIONS SCHOOLS • Students living in the proposed development would be assigned to Blair Elementary, Trask Middle, and New Hanover High Schools. Students may apply to attend public magnet, year-round elementary, or specialty high schools. • It is estimated that the site currently does not generate any students. Based on a generalized historic generation rate*, staff would estimate that the increase in homes would result in approximately 32 additional students than would be generated under current zoning. The general student generation rate provides only an estimate of anticipated student yield as different forms of housing at different price points yield different numbers of students. Over the past four years, staff has also seen a decline in the number of students generated by new development. Student numbers remained relatively stable between 2015 and 2020 (excepting the impacts of the COVID-19 pandemic), while 14,500 new residential units were permitted across the county. In addition, the student population is anticipated to only grow by approximately 1,300 students over the next 10 years based on the most recent New Hanover County Schools Facility Needs Study. Development Type Intensity Estimated Student Yield (current general student generation rate) Existing Development 1 Residential Unit Approximate** Total: 0 (0 elementary, 0 middle, 0 high) Proposed (CZD) RMF-M 144 Residential Units Approximate** Total: 32 Zoning (1 3 elementary, 7 middle, 10 high) *The current general student generation rate was calculated by dividing the New Hanover County public school student enrollment for the 2022-2023 school year by the number of dwelling units in the county. Currently, there are an average of 0.22 public school students (0.09 for elementary, 0.05 for middle, and 0.07 for high) generated per dwelling unit across New Hanover County. These numbers are updated annually and include students attending out - of -district specialty schools, such as year-round elementary schools, Isaac Bear, and SeaTech. **Because the student generation rate often results in fractional numbers, all approximate student generation yields with a fraction of 0.5 or higher are rounded up to a whole number and yields with a fraction of less than 0.5 are rounded down. This may result in student numbers at the elementary, middle, and high school levels not equaling the approximate total. Staff has provided information on existing school capacity to provide a general idea of the potential impact on public schools, but these numbers do not reflect any future capacity upgrades. Z22-21 Staff Report BOC 1.9.2023 Page 11 of 19 Board of Commissioners - January 9, 2023 ITEM: 16- 2 - 11 School Enrollment* and Capacity** (2022-2023 School Year) Total Enrollment of Capacity of Capacity of Funded or Level NHC School Assigned Assigned Assigned Planned Capacity School School School Capacity w/Portables Upgrades Elementary 91 % Blair 421 525 80% None Middle 92% Trask 672 655 103% None High 99% New 1,467 1,678 87% None Hanover *Enrollment is based on the New Hanover County Schools student numbers for the 2022-2023 school year. **Capacity calculations were determined based on the capacities for the 2022-2023 school year, and funded or planned capacity upgrades were those included in the Facility Needs Study presented by New Hanover County Schools to the Board of Education in January 2021. This information does not take into account flexible scheduling that may be available in high school settings, which can reduce the portion of the student body on campus at any one time. • The 2021 facility needs survey prepared by Schools staff indicates that, based on NC Department of Public Instruction (DPI) student growth projections and school capacity data, planned facility upgrades, combined with changes to student enrollment patterns, will result in adequate capacity district wide over the next ten years if facility upgrades are funded. NEW HANOVER COUNTY STRATEGIC PLAN • One of the goals of the New Hanover County Strategic Plan for 2018-2023 is to encourage the development of complete communities in the unincorporated county by increasing housing diversity and access to basic goods and services. • The proposed RMF-M CZD zoning district would allow for an increase in housing diversity and would allow those residents to utilize existing goods and services within one mile of the subject property. • The predominant housing type in the area is single family detached at 90%. Under the proposed RMF-M district the site would allow for multi -family residential (apartments) and increase housing type diversity by reducing the percentage of single family detached (90% to 88%) and increasing the percentage of multi -family units (4% to 6%). • The subject property is located in the Ogden community area, where 46% of residents currently live within one -mile of a convenience need (grocery store, retail staples, pharmacies, etc.), a support service (urgent care, primary doctor's office, child & adult care, etc.), and a community facility (public park, school, museum etc.). The proposed RMF-M district would increase the number of residences within one -mile of goods and services (46% to 49%). Z22-21 Staff Report BOC 1.9.2023 Page 12 of 19 Board of Commissioners - January 9, 2023 ITEM: 16- 2 - 12 Existing Development Current Conditions: Southern parcel abutting Military Cutoff Ext. Looking west from Market Street 7032 Ruth Avenue Looking north from Ruth Avenue View of site from cul-de-sac Looking south from Ruth Avenue Z22-21 Staff Report BOC 1.9.2023 View of site behind Enoch Chapel Baptist Church Looking west from Market Street View of site from cul-de-sac Looking east from Ruth Avenue View of site from cul-de-sac Looking southeast from Ruth Avenue Page 13 of 19 Board of Commissioners - January 9, 2023 ITEM: 16- 2 - 13 REPRESENTATIVE DEVELOPMENTS Representative Developments of B-2: Bayshore Commons Bayshore Commons Z22-21 Staff Report BOC 1 .9.2023 Page 14 of 19 Board of Commissioners - January 9, 2023 ITEM: 16- 2 - 14 �.a p l ^:�:.�.i.... r ■ .�• lli i4'. �.� may' -I •_ .f..i�y. - ��w^� - x�uM.' S' i..f� Y: � ef il% Context and Compatibility • The property is located just northeast of the future Market Street — Military Cutoff Road extension interchange. • The subject property is located along one of the county's more densely developed corridors and in between the City of Wilmington and the Kirkland — Porters Neck commercial node. • The Market Street Corridor has seen a shift from lower density uses to more intense, compact, and denser developments. • The property is in close proximity to the recreational amenities within Ogden Park. • Given the commercial development fronting the Market Street corridor to the south and the extension of Military Cutoff to the west, the proposed multi -family development could be an appropriate transition between those heavily traveled corridors and the single-family residential uses along Ruth Avenue rather than uses possible within the existing B-2 zoning. • Required setbacks are placed to limit the level of impacts along the property boundaries and are contingent on the type and scale of development located on this parcel. The applicant has positioned the proposed multi -family structures to be setback 100' from the residential uses along Ruth Avenue. • Transitional buffers also serve as a mitigation method to limit impacts on adjacent uses. The applicant has provided a landscape buffer along the property line between the multi -family residential structure and the existing single-family dwelling. 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 GENERAL RESIDENTIAL URBAN MIXED USE COMMUNITY MIXED USE O Z22-21 Z22-21 Staff Report BOC 1.9.2023 Ir Page 16 of 19 Board of Commissioners - January 9, 2023 ITEM: 16- 2 - 16 Future Land Use Urban Mixed Use Map Place Type Promotes development of a mix of residential, office, and retail uses at Place Type higher densities. Types of uses encouraged include office, retail, mixed use, Description small recreation, commercial, institutional, single-family, and multi -family residential. The subject property is located in the northeastern portion of the county, at the intersection of Market Street, a heavily traveled roadway corridor, and the future Military Cutoff Extension, between the City of Wilmington and the Kirkland — Porters Neck commercial node. This corridor has been undergoing a gradual shift from single family, residentially -zoned properties, to more intense commercial uses and denser residential developments. The Comprehensive Plan classifies the property as Urban Mixed Use, which promotes development of a mix of residential, office, and retail uses at higher densities. This classification intends for moderate to high densities while also providing a transition between the existing lower density housing and higher intensity commercial uses along heavily traveled roadway corridors, such as the Market Street Corridor. Analysis The site is bounded to the north by existing single-family dwellings, utilities, and Ruth Avenue, and to the south by business and institutional uses and the Market Street right-of-way. These areas are classified as Urban Mixed Use within the Future Land Use Map. The site is bounded to the west by the Military Cutoff Extension, an extension of a multi -lane arterial roadway. As such, the proposal could serve as an appropriate infill and transitional development. In addition, the project is in line with the preferred density range of the Urban Mixed Use place type, promotes the mixture of uses recommended within the Urban Mixed Use place type, and supports the Comprehensive Plan's goal to provide for a range of housing types and opportunities for households of different sizes and income. The proposed RMF-M zoning is generally CONSISTENT with the 2016 Comprehensive Plan because the district is more in line with the densities Consistency recommended for Urban Mixed Use areas, especially near growth nodes, Recommendation than the existing zoning. Additionally, the shape and form of the development proposed could serve as an appropriate transition from the existing single-family dwellings along Ruth Avenue from the Military Cutoff Extension, the commercial and institutional uses, and the power station. Z22-21 Staff Report BOC 1 .9.2023 Page 17 of 19 Board of Commissioners - January 9, 2023 ITEM: 16- 2 - 17 PLANNING BOARD MEETING The Planning Board considered this application at their December 1, 2022 meeting. No one spoke in support of or in opposition to the request. Members of the Planning Board expressed concern about the future amenity leasing office and its impact on adjacent residential uses. Based on comments and feedback received during the hearing, the applicant has agreed to a condition regarding the height of the amenity leasing office on the subject site. The Planning Board recommended approval of the petition (5-0) with the following condition: 1 . The amenity leasing office shall be limited to one story in height. 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 and mixture of uses recommended in the Urban Mixed Use place type and the residential densities are in -line with those recommended for the property. The Planning Board also found APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would benefit the community by providing a transition between the existing land uses along Ruth Avenue, the roadway to the west, and the commercial uses to the south, and will provide additional housing in close proximity to existing and future commercial development in between the City of Wilmington and the Kirkland — Porters Neck Commercial Node. Z22-21 Staff Report BOC 1 .9.2023 Page 18 of 19 Board of Commissioners - January 9, 2023 ITEM: 16- 2 - 18 STAFF RECOMMENDATION The proposal is located along a major arterial roadway between the Kirkland — Porters Neck Commercial Node and the City of Wilmington where uses have shifted from low density residential and smaller scale businesses into developments that are more compact, of higher density, and of higher intensity. The proposal could also serve as an appropriate transition between the heavily traveled Market Street Corridor and the future Military Cutoff Extension to the abutting, less intense land uses. Because this proposal is in line with the Comprehensive Plan recommendations for this area, is similar in form and density to other projects, such as Amberleigh Shore and The Park at Three Oaks, located along this portion of the Market Street corridor, and could serve as an appropriate transition between the less intense land uses and the roadway corridors, staff concurs with the Planning Board's recommendation and suggests the following motion with the proposed condition: I move to APPROVE the proposed rezoning to a (CZD) RMF-M district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Urban Mixed Use place type and the residential densities are in -line with those recommended for the property. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would benefit the community by providing a transition between the existing land uses along Ruth Avenue, the roadway to the west, and the commercial uses to the south, and will provide additional housing in close proximity to existing and future commercial development in between the City of Wilmington and the Kirkland — Porters Neck Commercial Node. Proposed Condition: 1. The amenity leasing office shall be limited to one story in height. Alternative Motion for Denial I move to DENY the proposed rezoning to a (CZD) RMF-M district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Urban Mixed Use place type and the residential densities are in -line with those recommended for the property, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent neighborhoods. Z22-21 Staff Report BOC 1.9.2023 Page 19 of 19 Board of Commissioners - January 9, 2023 ITEM: 16- 2 - 19 Case: Site Address: Z22-21 7011 Ruth Ave ti CDFLAG V/ CZD ZONING 0 CB B-2 O&I 0 I-1 I-2 R-10 0 R-15 R-20 0 RMF-M F7 CITY Q Z22-21 Existing Zoning/Use: 6-2, R-15 i Ar osp \ �a rs - January 9, J 3-1 J Proposed Zoning/Use: CZD R-15 N 0 250 500 1,000 US Feet I i I i I Site Address: Z22-21 7011 Ruth Ave iR�y �co n EMPLOYMENT CENTER GENERAL RESIDENTIAL URBAN MIXED USE COMMUNITY MIXED USE CONSERVATION ^\ 0 Z22-21 Existing Zoning/Use: onin_ /q Use: 6-2, R-15 N' / Proposed Zoning/Use: CZD R-15 0 250 500 1,000 US Feet I i I i I rs - January 9, -4-1 Initial Application Documents & Materials Board of Commissioners - January 9, 2023 ITEM: 16- 6 - 1 DocuSign Envelope ID: DDOC28F3-CB30-4963-9270-C9DC68060BOE Print For NEW HANOVER COUNTY 3 PLANNING & LAND USE r l - `! AUTHORITY FOR APPOINTMENT OF AGENT 230 Government Center Drive Suite 110 Wilmington, NC 28403 910-798-7165 phone 910-798-7053 fax www.nhcgov.com Please note that for quasi-judicial proceedings, either the land owner or an attorney must be present for the case at the public hearing. The undersigned owner does hereby appoint an authorized the agent described herein .as their exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and/or an appeal of Staff decisions applicable to the property described in the attached petition. The Agent is hereby authorized to, on behalf of the property owner: . Submit a proper petition and the required supplemental information and materials 2. Appeal at public meetings to give representation and commitments on behalf of the property owner 3. Act on the property owner's behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning Ordinance. Agent Information Property Owner(s) Subject Property Name Owner Name Address Paramounte Engineering, Inc Cornelius Nixon Trust 8 7011 Ruth Ave Company Owner Name 2 City, State, Zip Paramounte Engineering, Inc Wilmington, NC 28411 Address Address Parcel ID 122 Cinema Dr 7011 Ruth Ave R04409-004-006-000 City, State, Zip City, State, Zip Wilmington, NC 28403 Wilmington, NC 28411 Phone Phone 910,791.6707 Email Email aengebretson@paramounte-eng.com Application Tracking Information (Staff Only) 'Number Reference: L Date/"l"ime receired: Received bv: This document was willfully executed on the 1 day of Agent 2: Stout Operating Firm, LLC 4 Percy Street Charleston, SC 29403 Representative: William Block ,20 2� DocuSigned by: ,,', ,, 1,,• Owner 1 Signature vm�fA22,Itnature Board of Commissioners - January 9, 2023 ITEM: 16- 7 - 1 (19-14 DocuSign Envelope ID: DDOC28F3-CB30-4963-9270-C9DC68060BOE Print Form NEW HANOVER COUNTY r PLANNING & LAND USE 1: AUTHORITY FOR APPOINTMENT OF AGENT 230 Government Center Drive Suite 110 Wilmington, NC 28403 910-798-7165 phone 910-798-7053 fax www. nhcgov.com Please note that for quasi-judicial proceedings, either the land owner or an attorney must be present for the case at the public hearing. The undersigned owner does hereby appoint an authorized the agent described herein, as their exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and/or an appeal of Staff decisions applicable to the property described in the attached petition. The Agent is hereby authorized to, on behalf of the property owner: 1. Submit a proper petition and the required supplemental information and materials 2. Appeal at public meetings to give representation and commitments on behalf of the property owner 3. Act on the property owner's behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning Ordinance. Agent Information Property Owner(s) Subject Property Name Owner Name Address Paramounte Engineering, Inc Nixon Associates, LLC 7001, 7035 Market St Company Owner Name 2 City, State, Zip Paramounte Engineering, Inc Wilmington, NC 28411 Address Address Parcel ID 122 Cinema Dr 7001 Market Street R04400-002-008-000 City, State, Zip City, State, Zip R04400-002-016-000 Wilmington, NC 28403 Wilmington, NC 28411 Phone Phone 910.791.6707 Email Email aengebretson@paramounte-eng.com Application Tracking InfornUiti011 (Staff Only) Case :Number Reference: Datell-ime received: Received by: This document was willfully executed on the 1 day of Agent 2: Stout Operating Firm, LLC 4 Percy Street Charleston, SC 29403 Representative: William Block AoJ , 20 Z� ,i C (,iu8,gned by: b w Owner 1 ignature �L A 2 (i naturt' Board of Commissioners - January 9, 2023 ITEM: 16- 7 - 2 04/14 DocuSign Envelope ID: DDOC28F3-CB30-4963-9270-C9DC68060BOE Print Form co"' Y NEW HANOVER COUNTY , tip, PLANNING & LAND USE x 3 z AUTHORITYFOR APPOINTMENT OFAGENT 230 Government Center Drive Suite 110 Wilmington, NC 28403 910-798-7165 phone 910-798-7053 fax www.nhcgov.com Please note that for quasi-judicial proceedings, either the land owner or an attorney must be present for the case at the public hearing. The undersigned owner does hereby appoint an authorized the agent described herein as their exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and/or an appeal of Staff decisions applicable to the property described in the attached petition. The Agent is hereby authorized to, on behalf of the property owner: 1. Submit a proper petition and the required supplemental information and materials 2. Appeal at public meetings to give representation and commitments on behalf of the property owner 3. Act on the property owner's behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning Ordinance. Agent Information Property Owner(s) Subject Property Name Owner Name Address Paramounte Engineering, Inc Cornelius E Nixon Rev Trust, LLC 7032 Ruth Avenue Company Owner Name 2 City, State, Zip Paramounte Engineering, Inc Wilmington, NC 28411 Address Address Parcel ID 122 Cinema Dr 7032 Market Street R04409-004-004-000 City, State, Zip City, State, Zip Wilmington, NC 28403 Wilmington, NC 28411 Phone Phone 910.791.6707 Email Email aengebretson@paramounte-eng.com Application Tracking Information (Staff Only) Case Number Reference: Date/Time received: Received by: This document was willfully executed on the Agent 2: Stout Operating Firm, LLC 4 Percy Street Charleston, SC 29403 Representative: William Block Owner I Signature day of t--40 \l , 20 2 Z DocuSigned by: /, ,,'.. gSi tore Board of Commissioners - January 9, 2023 ITEM: 16- 7 - 3 09/ 14 DocuSign Envelope ID: DDOC28F3-CB30-4963-9270-C9DC68060BOE NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 1 10 Wilmington, North Carolina 28403 Telephone (910) 798-7165 FAX (910) 798-7053 planningdevelopment.nhcgov.com CONDITIONAL ZONING APPLICATION This application form must be completed as part of a conditional zoning application submitted through the county's online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the application, are set out in Section 10.3.3 of the Unified Development Ordinance. Public Hearing Procedures • . s Community Application Public Hearing Board of Post-i3ecision Information Submittal & Scheduling & Hearing & Meeting Acceptanc* Notification Recom 1. Applicant and Property Owner Information Applicant/Agent Name A+rR-art Owner Name (if different from Applicant/Agent) Stout Operating Firm, LLC � Cornelius E Nixon Rev Trust, LLC Company Company/Owner Name 2 Stout Operating Firm, LLC Address Address 4 Percy Street 7032 Ruth Ave City, State, Zip City, State, Zip Charleston, SC 29403 Wilmington. NC 28411 Phone Phone 910.791,6707 (applicant rep, Paramounte Engineering, Inc.) Email Email aengebretson@paramounte-eng.com ✓ Board of Commissioners t.lar54ar Z2023 Page 1 of 6 ITEM: 16- 7 -oT i �o 0 onmg District Application — Updated 02-2022 DocuSign Envelope ID: DDOC28F3-CB30-4963-9270-C9DC68060BOE 2. Subject Property Information Address/Location Ruth Avenue Parcel Identification Numbers 7011 Ruth Ave, 7032 Ruth Ave, 7001 Market St, 7035 Market St R04409-004-006-000,1304409-004-004-000, R04400-002-008-000 R04400-002-016-000 Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification + 10.9 ac B-2 & + 0.66 ac R-15; Undeveloped, Urban Mixed Use 3. Proposed Zoning, Use(s), & Narrative Proposed Conditional Zoning District: Total Acreage of Proposed District: Please fist the uses that will be allowed within the proposed Conditional Zoning District, the purpose of the district, and a project narrative (attach additional pages if necessary). Note: Only uses permitted in the corresponding General Use District are eligible for consideration within a Conditional Zoning District. See attached 4. Proposed Condition(s) Note: Within a Conditional Zoning District, additional conditions and requirements which represent greater restrictions on the development and use of the property than the corresponding general use district regulations may be added. These conditions may assist in mitigating the impacts the proposed development may have on the surrounding community. Please list any conditions proposed to be placed on the Conditional Zoning District below. Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process. See attached r Page 2 of b ITEM: 16- 7 - Board of Commissioners -- Lon2n9 District Application — Updated 02-2022 DocuSign Envelope ID: DDOC28F3-CB30-4963-9270-C9DC68060BOE 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. See attached ITE Land Use: Trip Generation Use and Variable (gross floor area, dwelling units, etc.) AM Peak Hour Trips: PM Peak Hour Trips: 6. Conditional Zoning District Considerations The Conditional Zoning District procedure is established to address situations where a particular land use would be consistent with the New Hanover County 2016 Comprehensive Plan and the objectives outlined in the Unified Development Ordinance and where only a specific use or uses is proposed. The procedure is intended primarily for use with transitions between zoning districts of dissimilar character where a particular use or uses, with restrictive conditions to safeguard adjacent land uses, can create a more orderly transition benefiting all affected parties and the community at -large. The applicant must explain, with reference to attached plans (where applicable), how the proposed Conditional Zoning district meets the following criteria. 1. How would the requested change be consistent with the County's policies for growth and development, as described in the 2016 Comprehensive Plan, applicable small area plans, etc. See attached Page 3 of 6 Board of Commissioners J 9Wfi a7g 'AWg District Application — Updated 02-2022 ITEM: 16- 7 - DocuSign Envelope ID: DDOC28F3-CB30-4963-9270-C9DC68060BOE 2. Flow would the requested Conditional Zoning district be consistent with the property's classification on the 2016 Comprehensive Plan's Future Land Use Map. See attached 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? See attached WT� Page4of6 Board of CommissionersJar�i o a oning District Application —Updated 02-2022 ITEM: 16- 7 o DocuSign Envelope ID: DDOC28F3-CB30-4963-9270-C9DC68060BOE Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under "Applicant Initial". If an item is not applicable, mark as "N/A". Applications determined to be incomplete must be corrected in order to be processed for further review; Staff will confirm if an application is complete within five business days of submittal. Application Checklist Applicant Initial ❑ This application form, completed and signed c WLI ❑ Application fee; • $600 for 5 acres or less • $700 for more than 5 acres • $300 in addition to base fee for applications requiring TRC review , ❑ Community meeting written summary ❑ 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 y' the Board of Commissioners meeting agenda. N ❑ Legal description (by metes and bounds) or recorded survey Map Book and Page Reference of the property requested for rezoning ❑ Conceptual Plan including the following minimum, elements: Tract boundaries and total area, location of adjoining parcels and roads • Proposed use of land, building areas and other improvements For residential uses, include the maximum number, height, and type of units; area to be occupied by the structures; and/or proposed subdivision boundaries. 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 El One { I ) 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. ❑ One (1) digital PDF copy of ALL documents AND plans Board of Commissioners -Clap r , , 2023 Page 5 of 6 ITEM: 16- 7 - $n i i a oning District Application — Updated 02-2022 DocuSign Envelope ID: DDOC28F3-CB30-4963-9270-C9DC68060BOE 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 om 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 Daeusigned by: 4. provide written consent to any and all conditions of approval. E Vb�Vt Carolyn Kaham S67E7196AA2A4 ... Signature of Property Owner(s) Print Name(s) N L-L—I S-o -� t t`ZG EBP—ET S(� A-! Signature of Applicant/Agent Print Name '-4+2N c V-<�J Wf jr-- 11E!9� I Note: This form must be signed by the owner(s) of record. If there are multiple property owners, o 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. ��a c�n Rage 6 of 6 Board of Commissioners Gi} N% a'1,T?Wh39 District Application — Updated 02-2022 ITEM: 16- 7 - DocuSign Envelope ID: DDOC28F3-CB30-4963-9270-C9DC68060BOE 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. Public Hearing Proceclure5 I (Optional) 1 2 3 4 5 6 Pre -Application Community Application Planning Public Hearing Planning Board Board of Conference Information Submittal & Director Review Scheduling & Hearing & Commissioners Meeting Acceptance & Staff Report Notification Recom- Hearing & (7Rc Optional) mendation Decision 1. Applicant and Property Owner Information Applicant/Agent Name PV4%.1Y '6�T--*UQLO-P� Owner Name (if different from Applicant/Agent) Stout Operating Firm, LLC �tr39 Nixon Associates, LLC Company/Owner Name 2 Company 1Z2 G "'*.%XA� UR Stout Operating Firm, Li_C `` W` Address Address 4 Percy Street 7001 Market Street City, State, Zip City, State, Zip Charleston, SC 29403 Wilmington, NC. 28411 Phone Phone 910.791.6707 (applicant rep, Paramounte Engineering, Inc.) Email Email aengebretson@paramounte-eng.com Page 1 of 6 ITEM: 16- 7 - Board of Commissioners ��AAZ%Wg District Application — Updated 02-2022 DocuSign Envelope ID: DDOC28F3-CB30-4963-9270-C9DC68060BOE 2. Subject Property Information Address/Location Ruth Avenue Parcel Identification Number(s) 7011 Ruth Ave, 7032 Ruth Ave, 7001 Market St, 7035 Market St R04409-004-006-00 04409-004-004-000, R04400-002-008-000 R04400-002-016-000 Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification + 10.9 ac B-2 & + 0.66 ac R-15: Undeveloped, Urban Mixed Use I Residential 3. Proposed Zoning, Use(s), & Narrative Total Acreage of Proposed District: Please list the uses that will be allowed within the proposed Conditional Zoning District, the purpose of the district, and a project narrative (attach additional pages if necessary). Note: Only uses permitted in the corresponding General Use District are eligible for consideration within a Conditional Zoning District. See attached 4. Proposed Conditions) Note: Within a Conditional Zoning District, additional conditions and requirements which represent greater restrictions on the development and use of the property than the corresponding general use district regulations may be added. These conditions may assist in mitigating the impacts the proposed development may have on the surrounding community. Please list any conditions proposed to be placed on the Conditional Zoning District below. Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process. See attached Board of Commissioners � P o�r'a Zoning Page 2 of 6 ITEM: 16- 7 - District Application — Updated 02-2022 DocuSign Envelope ID: DDOC28F3-CB30-4963-9270-C9DC68060BOE 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. See attached ITE Land Use -- Trip Generation Use and Variable (gross floor area, dwelling units, etc.) AM Peak Hour Trips: PM Peak Hour Trips: 6. Conditional Zoning District Considerations The Conditional Zoning District procedure is established to address situations where a particular land use would be consistent with the New Hanover County 2016 Comprehensive Plan and the objectives outlined in the unified Development Ordinance and where only a specific use or uses is proposed. The procedure is intended primarily for use with transitions between zoning districts of dissimilar character where a particular use or uses, with restrictive conditions to safeguard adjacent land uses, can create a more orderly transition benefiting all affected parties and the community at -large. The applicant must explain, with reference to attached plans (where applicable), how the proposed Conditional Zoning district meets the following criteria. 1. How would the requested change be consistent with the County's policies for growth and development, as described in the 2016 Comprehensive Plan, applicable small area plans, etc. See attached Page 3 of 6 Board of Commissioners Z 4W,Z2oMI District Application — Updated 02-2022 ITEM: 16- 7 - DocuSign Envelope ID: DDOC28F3-CB30-4963-9270-C9DC68060BOE 2. How would the requested Conditional Zoning district be consistent with the property's classification on the 2016 Comprehensive Plan's Future Land Use Map. See attached 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? See attached �' Board of Commissioners oria�'Page 4 of 6 Zoning ITEM: 16- 7 - District Application — Updated 02-2022 DocuSign Envelope ID: DDOC28F3-CB30-4963-9270-C9DC68060BOE Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under "Applicant Initial". If an item is not applicable, mark as "N/A". Applications determined to be incomplete must be corrected in order to be processed for further review; Staff will confirm if an application is complete within five business days of submittal. Application Checklist Applicant Initial ❑ This application form, completed and signed ❑ Application fee: • $600 for 5 acres or less • $700 for more than 5 acres • $300 In addition to base fee for applications requiring TRC review ❑ Community meeting written summary ❑ 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 reaulred prior to this item being placed on the Board of Commissioners meeting agenda. P JA ❑ Legal description (by metes and bounds) or recorded survey Map Book and Page Reference of the property requested for rezoning ❑ Conceptuat 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 For residential uses, include the maxinwm number, height, and type of units; area to be occupied by the structures; and/or proposed subdivision boundaries. 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 low or local ordinance ❑ 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. ❑ One (1) digital PDF copy of ALL documents AND plans Board of Commissioners - Ja uar�9Z2023 Page 5 of 6 ITEM: 16- 7CotWtio a oning District Application — Updated 02-2022 DocuSign Envelope ID: DDOC28F3-CB30-4963-9270-C9DC68060BOE 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 Daeusignedby: 4. Provide written consent to�annyy and all conditions of approval. '..y' " 4 -X" —k-b— — 367E7196AA2A432... Signature of Property Owner(s) Print Name(s) Signature of Applicant/Agent Carolyn Kaham Print Name P�+"r �36rr+Vie12J►�lCj 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 calendored 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 Flo r gaq,-202 g District Applicarion —Updated 02-2022 ITEM: 16- 7 - 1 DocuSign Envelope ID: DDOC28F3-CB30-4963-9270-C9DC68060BOE NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 1 10 Wilmington, Borth Carolina 28403 Telephone (910) 798-7165 FAX (970) 798-7053 planningdeveloptnent.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 1 0.3.3 of the Unified Development Ordinance. 1. Applicant and Property Owner Information Applicant/Agent Name "1—'T Sri tfEs-oe Owner Name (if different from Applicant/Agent) Stout Operating Firm, LLC Cornelius Nixon Trust B Company Company/Owner Name 2 u+�ILMltabr�oN� Stout Operating Firm, LLC fZC Address Address 4 Percy Street 7011 Ruth Avenue City, State, Zip City, State, Zip Charleston, SC 29403 Wilmington, NC 28411 Phone phone 910.791.6707 (applicant rep, Paramounte Engineering, Inc.) Email Email aengebretson@paramounte-eng cam Board of Commissioners - -Jan,uf o�ia, Page 1 of 6 730�^g ITEM: 16- 7 District Application —Updated 02-2022 ` 1 DocuSign Envelope ID: DDOC28F3-CB30-4963-9270-C9DC68060BOE 2. Subject Property Information Address/Location Ruth Avenue Parcel Identification Numbers) 7011 Ruth Ave, 7032 Ruth Ave, 7001 Market St, 7035 Market St R04409-004-006-000, R04409-004-004-000, R04400-002-008-000 R04400-002-016-000 Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification + 10.9 ac B-2 & + 0.66 ac R-15; Undeveloped, Urban Mixed Use 3. Proposed Zoning, Use(s), & Narrative Proposed Conditional Zoning District: I Total Acreage of Proposed District: Please list the uses that will be allowed within the proposed Conditional Zoning District, the purpose of the district, and a {project narrative (attach additional pages if necessary). Note: Only uses permitted in the corresponding General Use District are eligible for consideration within a Conditional Zoning District. See attached 4. Proposed Condition(s) Note: Within a Conditional Zoning District, additional conditions and requirements which represent greater restrictions on the development and use of the property than the corresponding general use district regulations may be added. These conditions may assist in mitigating the impacts the proposed development may have on the surrounding community. Please list any conditions proposed to be placed on the Conditional Zoning District below. Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process. See attached Page 2 of 6 Board of Commissioners �}(�,�3g District Application — Updated 02-2022 ITEM: 16- 7 - DocuSign Envelope ID: DDOC28F3-CB30-4963-9270-C9DC68060BOE 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. See attached ITE Land Use: Trip Generation Use and Variable (gross floor area, dwelling units, etc.) AM Peak hour Trips: PM Peak Hour Trips: 6. Conditional Zoning District Considerations The Conditional Zoning District procedure is established to address situations where a particular land use would be consistent with the New Hanover County 2016 Comprehensive Plan and the objectives outlined in the Unified Development Ordinance and where only a specific use or uses is proposed. The procedure is intended primarily for use with transitions between zoning districts of dissimilar character where a particular use or uses, with restrictive conditions to safeguard adjacent land uses, can create a more orderly transition benefiting all affected parties and the community at -large. The applicant must explain, with reference to attached plans (where applicable), how the proposed Conditional Zoning district meets the following criteria. 1. How would the requested change be consistent with the County's policies for growth and development, as described in the 2016 Comprehensive Plan, applicable small area plans, etc. See attached Page 3 of 6 Board of Commissioners �yr�, a- District Application — Updated 02-2022 ITEM: 16- 7 - 18 DocuSign Envelope ID: DDOC28F3-CB30-4963-9270-C9DC68060BOE 2. How would the requested Conditional Zoning district be consistent with the property's classification on the 2016 Comprehensive Plan's Future Land Use Map. See attached 3. What significant neighborhood changes have occurred to make the original zoning inappropriate; or how is the land involved unsuitable for the uses permitted under the existing zoning? See attached Page 4 of 6 Board of Commissioners -Cl f�9ei� 1g Dlstrict Application — updated 02-2022 ITEM: 16- 7 - DocuSign Envelope ID: DDOC28F3-CB30-4963-9270-C9DC68060BOE Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under "Applicant Initial". If an item is not applicable, mark as ,,N/A". Applications determined to be incomplete must be corrected in order to be processed for further review; Staff will confirm if an application is complete within five business days of submittal. Application Checklist Applicant Initial ❑ This application form, completed and signed AL� ❑ Application fee: • $600 for 5 acres or less • $700 for more than 5 acres • $300 In addition to base fee for applications requiring TRC review ❑ Community meeting written summary ❑ 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 reau€red prior to this Item being placed on the Board of Commissioners meeting agenda. If � ❑ Legal description (by metes and bounds) or recorded survey map Book and Page Reference of the property requested for rezoning gc, ❑ 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 For residential uses, include the maximum number, height, and type of units; area to be occupied by the structures; and/or proposed subdivision boundaries. 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 t� state law or local ordinance` ❑ One (1) hard copy of ALL documents and site plan. Additional hard copies may be t required by staff depending on the size of the document/site plan. �Fit�t�y ❑ One (1) digital PDF copy of ALL documents AND plans �4f� Page 5 of 6 Board of Commissioners - Jt%aN0%c?Q2,�ing District Application — Updated 02-2022 ITEM: 16- 7 - 20 DocuSign Envelope ID: DDOC28F3-CB30-4963-9270-C9DC68060BOE 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 Eooeusigneaby: 4. Provide written consent to any and all conditions of approval. 6, V'b� Vt, t 272 f — — l�'1 � � Ry'C� • � I xc� Carolyn Kaham 367E7196AA2A432..Signature of Property Owner(s) Print Name(s) W 411i So�.1 �Y�tG�-mar E Signature of Applicant/Agent Print Name'N^p- >61r.'�c�t? ►r�L� Mote: 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 calendored 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 �J n i a o�,-202ng District Application —Updated 02-2622 ITEM: 16- 7 - PARAMOUNTE E N G 1 N E E F2 I N G 1 N C, Date: November 1, 2022 Ruth Avenue Tract Conditional Zoning Supplemental Information Proiect Narrative Paramounte Engineering (PEI) is working for the developer, Stout Operating Firm, LLC, on the requested conditional rezoning of the subject + 10.9 acres of property located at the end of Ruth Avenue and adjacent to the new Military Cutoff Extension (MCOE) . The land is currently primarily zoned B-2 with a small portion of R-15. The parcels are located in New Hanover County and are further identified as: + 5.65 acres located at 7011 Ruth Avenue (PID R04409-004-006-000), zoned B-2 + 3.43 acres of utility easements associated with the MCOE located at 7001 Market Street (PID R04400-002-008-000), zoned B-2 + 0.31 acres located at 7035 Market Street (PID R04400-002-016-000), zoned R-15 + 0.35 acres located at 7032 Ruth Avenue (PID R04409-004-004-000), zoned R-15 In addition to the developable land area, the + 10.9 acres of land purchased for this development includes all of the Ruth Avenue Private Right -of -Way, and the existing road will be maintained by the developer/property owner's association. This subject site is currently owned by various members of the Nixon family heirs and/or family trusts with this landholding, as well as the land around the subject property, dating back over 100 years and several generations of the Nixon family. Over time, the family members have sold or developed portions of their landholdings. Most recently, NCDOT acquired Nixon land to construct the MCOE connection to Market Street. With this new road construction, this rezoning's subject parcels were cut off from connection to other single family areas, with exception to the family's existing properties along Ruth Avenue. The subject site was part of a 17 lot single family subdivision. 8 lots were developed as single family homes for the Nixon family and are owned by various members of the family; however, the remaining 9 lots were platted but not developed. The family now wishes to abandon the previous undeveloped single family lots as well as two developed single family lots they own and is selling the land for development by others. Most of the proposed development is zoned in the B-2 Regional Business zoning district which allows for a wide variety of commercial uses such as car lots and big to small retail stores. However, this site has no direct visibility for Market Street and a row of businesses already exist along Market, making this a second row commercial tract. The site does have direct visibility, but no access from the new MCOE. These two factors make development of the land as commercial in the existing zoning difficult. The land is bordered by the commercial corridor along Market and the new highway, but also by Duke Power's utility substation and New Hanover County's Ogden Park. As previously mentioned, Ruth Avenue and derelict homes along Market Street are the only single family uses near the property. 2 2 C I N E M A D R I V E, WI LIVII N G T O N, N C 2 6 4 ❑ 3 F H ( 9 1 D) 7 9 1 - 6 7 ❑ 7 F A X: ( 9 1 ❑) 7 9 1 - 6 7 6 ❑ Board of Commissioners - January 9, 2023 ITEM: 16- 7 - 22 Page 2 of 3 The future land use plan identifies roughly 266 acres in and around the subject site as Urban Mixed Use. This place type designations promotes a variety of land uses compatible with, but other than the traditional commercial uses allowed in B-2. One compatible land use is multi -family housing. By developing this site as multi -family, it creates a classic development transition found in Urban Mixed Use projects in which the commercial is located along the arterial roads, like Market Street, transitions to a less intense, but dense use or housing typology, like multi -family, and then transitions to civic uses like parks, churches and utilities before transitioning to single family. Because of the relatively low impact to the surrounding land uses and the physical location of the property, multi- family is a well -suited land use on the subject property. The site is most accessible by Ruth Avenue, which is proposed as the primary access; however a multi -family project is generally best designed with an alternate access. Therefore, the developer is proposing to include a parcel accessing Market Street for the purpose of a project access. At this time, we believe NCDOT will only allow a right in/ right out at this location. The trip generation for 144 units does not exceed the amount of trips that require a traffic impact analysis, but the developer is working with a traffic consultant and NCDOT on project related road design requirements. If a rezoning is granted, the developer will continue work with NCDOT to determine the fully engineered design of the road connection and associated improvements. The primary access along Ruth Avenue will be controlled by the developer and maintained for use by the existing properties along the road. Proposed Conditions The development will be built in accordance with the conditional rezoning plan, the UDO, and any approved modifications to the plan. Conditional Zoning District Considerations — Criteria: 1. How would the requested change be consistent with the County's policies for growth and development? The County plans and policies promote higher density and mixed -use development along major corridors with transitions from major corridors to denser housing to less dense housing. This project establishes infills the transition especially now that the new highway is being constructed. The property is located adjacent to the intersection of Market Street and the Military Cutoff Extension, making it more appropriate for higher density housing close to major arterial/highway collector roads. The site's location is not only good for proximity to and intersection of major road networks, it is also located directly behind commercial and nearby to regional commercial shopping centers, like Mayfair. 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 subject property is classified as Urban Mixed Use in the County's Comprehensive Plan. This place type promotes development of a mix of residential, office, and retail uses at higher densities. Muti- family residential uses are preferred in this place type, with a moderate to high ideal density. The multi -family is located near commercial but will also provide access easement to a planned adjacent small office. This development will give the office access to both Ruth Avenue and improved, safer access to Market Street than the site currently has. As such, the planned interconnectivity furthers Board of Commissioners - January 9, 2023 ITEM: 16- 7 - 23 Page 3 of 3 integrated mixed uses, even by different developers. Residential buildings are recommended to be 2-5 stories in height, such as we propose. Overall, the proposal is consistent with the use, density, and height recommendations of the Urban Mixed Use place type and support the County's policy to increase density in Urban Mixed Use areas within close proximity to the City of Wilmington. 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? While the existing site is primarily zoned B-2 with single family platted, undeveloped lots, circumstances have changed this site since that zoning action. The NCDOT's Military Cutoff Extension project bisected the property and occupies an additional + 3.5 acres in utility easements. The remnant land is encumbered and cut off from area single family, except the land seller/family's single family lots along Ruth Avenue. Now that the MCOE is in place and about to open for use, the site is more appropriate for a higher density housing but is not well suited for commercial due to restricted access from major arterials. Also, a multi -family residential development would be more compatible with the existing homes on Ruth Ave than if the property was developed under the current B-2 zoning. Board of Commissioners - January 9, 2023 ITEM: 16- 7 - 24 Table 1: Site Trip Generation Summary Daily Weekday AM Peak Weekday PM Land Use Intensity Traffic Hour Trips (vph) Peak Hour Trips (ITE Code) (vpd) v h Enter Exit Total Enter I Exit I Total Multifamily Housing (Mid -Rise) (221) 144 units 640 12 40 52 34 23 57 Board of Commissioners - January 9, 2023 ITEM: 16- 7 - 25 PARA MOUND P E E N G I N E E FZ I N G. I N C October 26, 2022 RE: Meeting Notes for Neighborhood Meeting -Ruth Avenue Tract (Nixon Properties) Paramounte Engineering, Inc. and Stout Ventures, LLC hosted an open house style Neighborhood Meetings after notifying adjacent property owners of the meeting held on Wednesday, October 26, 2022, from 5:00-7:00 PM. All attendees support the project. Relatives of/adjacent landowners of the Nixon Property owner and one adjacent neighbor attended the meeting. Paramounte Engineering (PEI) and the developer representatives gave a brief presentation of the project to attendees and answered questions about site access. The relatives of the property owner shared the history of the site dating back to the original family member owner of the land, a great, great grandmother. The land has been in the Nixon family for many generations and they are now ready to sell this portion of their property. One neighbor plans to construct an office on the adjacent tract and requested an easement and vehicular access from the subject property's entrance road. The developer representatives agreed, and PEI subsequently revised the plan to include the additional access. The advantage of the shared access is the elimination of one driveway conflicting with this proposed site access. This revision also creates safer access for the neighbor's office. Board of Commissioners - January 9, 2023 ITEM: 16- 7 - 26 Nixon Property, Ruth Avenue Tract — Neighborhood Meetin Property: New Hanover County Parcels: R04409-004-006-000 R04409-004-004-000 R04400-002-016-000 R04400-002-008-000 October 26, 2022 Name avki4 tnkdn Address Phone Number atop a(eq-(ard4 Email Address "�'L r.►.-5 t��1 a•5�'badf � ��d-cf��_ 5 nt o Board of Commissioners - January 9, 2023 ITEM: 16- 7 - 27 NIXON ASSOCIATES LLC 1033 CRANFORD DR MT ARARAT AME CHURCH TRUSTEES 7061 MARKET ST HOSTETLER MELISSA 1125 HARBORSIDE CT NIXON CARRIE L 32 HAMPTON DR WILLIAMS LOUISE EVANS 7047 MARKET ST CAROLINA POWER & LIGHT CO JWC LLC JWC LLC MAKI HOLDINGS LLC 2109 WHISKEY BRANCH DR SPICER SHERLENE RENE 3032 THAYER ST NE FALL LINE PROPERTIES LLC 1200 LINDSAY ST E NIXON RUTH M 1033 CRANFORD DR CERVANTES ALVARO MARIA 7015 MARKET ST EVANS ROBERT ETAL 7037 MARKET ST NIXON ASSOCIATES LLC 1033 CRANFORD DR MCCALL SAM FAMILY LIMITED PARTNERSHIP 215 ROBBINS ST CERVANTES ALVARO 7015 MARKET ST INC DEPARTMENT OF TRANSPORTATION 1546 MAILSERVICE RD NIXON ASSOCIATES LLC 1033 CRANFORD DR LEES CUT INVESTMENTS LLC CERVANTES ALVARO MARIA 7015 MARKET ST ENOCH CHAPEL MISSIONARY BAPTIST CHURCH 7O11 MARKET ST CHASE & DYLAN MIHALY LLC 7500 ANACA POINT RD NIXON SANDRA L 5317 BLUE SAGE DR NIXON CORNELIUS E III 5317 BLUE SAGE DR NIXON CORNELIUS E REV TRUST 1033 CRANFORD DR WILLIAMS KENNETH L GLORIA E 7036 RUTH AVE C31O CAMPUS PROPERTIES LLC 2180 TALMAGE DR NIXON RONALD E GWENDOLYN S 7033 RUTH AVE BLOODWORTH JOANN NIXON 9623 BAYVIEW PKWY NIXON ALICIA MARIE 1541 EASTBOURNE DR KAHAM CAROLYN NIXON 5317 BLUE SAGE DR YOUNG SARAH VICTORIA 1912 PIPER RIDGE CT CORNELIUS NIXON TRUSTB 1033 CRANFORD DR CARDINAL LANES, INC. 7026 MARKET STREET WILMINGTON, NC 28411 6991 MARKET ST WILMINGTON WILMINGTON, NC 28411 7O61 MARKET ST WILMINGTON WILMINGTON, NC 28411 7O53 RUTH AVE WILMINGTON CASTLE HAYNE, INC 28429 7048 RUTH AVE WILMINGTON WILMINGTON, NC 284O5 7O47 MARKET ST WILMINGTON PO BOX 111O WILMINGTON, NC 284O2 2O9 OGDEN PARK DR WILMINGTON PO BOX 895 WRIGHTSVILLE BEACH, INC 2848O 7O18 MARKET ST WILMINGTON PO BOX 895 WRIGHTSVILLE BEACH, INC 2848O 7O16 MARKET ST WILMINGTON WILMINGTON, NC 284O9 7O36 MARKET ST WILMINGTON WASHINGTON, DC 2OO18 7O34 MARKET ST WILMINGTON GREENSBORO, NC 274O5 7014 MARKET ST WILMINGTON WILMINGTON, NC 28411 7O49 RUTH AVE WILMINGTON WILMINGTON, NC 28401 WILMINGTON, NC 284O5 7O37 MARKET ST WILMINGTON WILMINGTON, NC 28411 7O35 MARKET ST WILMINGTON GREENSBORO, NC 27416 7019 MARKET ST WILMINGTON WILMINGTON, NC 28411 7O43 MARKET ST WILMINGTON RALEIGH, NC 27611 6981 MARKET ST WILMINGTON WILMINGTON, NC 28411 7OO1 MARKET ST WILMINGTON PO BOX 476 WRIGHTSVILLE BEACH, INC 2848O 7O21 MARKET ST WILMINGTON WILMINGTON, NC 284O1 7O15 MARKET ST WILMINGTON WILMINGTON, NC 284O5 7O11 MARKET ST WILMINGTON WILMINGTON, NC 28411 7O31 MARKET ST WILMINGTON RALEIGH, NC 27606 7044 RUTH AVE WILMINGTON RALEIGH, NC 27606 7040 RUTH AVE WILMINGTON WILMINGTON, NC 28411 7O32 RUTH AVE WILMINGTON WILMINGTON, NC 28411 7O36 RUTH AVE WILMINGTON LELAND, NC 28451 7O28 MARKET ST WILMINGTON WILMINGTON, NC 28411 7O33 RUTH AVE WILMINGTON CHARLOTTE, NC 28216 7045 RUTH AVE WILMINGTON WILMINGTON, NC 28411 7O41 RUTH AVE WILMINGTON RALEIGH, NC 27606 7037 RUTH AVE WILMINGTON WALNUT CREEK, CA 94597 7O32 MARKET ST WILMINGTON WILMINGTON, NC 28411 7O11 RUTH AVE WILMINGTON WILMINGTON, NC 28411 7022,7026 MARKET ST WILMINGTON Board of Commissioners - January 9, 2023 ITEM:'l6- 7 - 28 PARAMOUNTE E N G I " E E F-�! I N G. I N C August 10, 2022 22143.PE Nixon Associates, LLC Tract A PARID: R0400-002-008-000 Being the tract of land located in Harnett Township, City of Wilmington, New Hanover County, State of North Carolina; being the tract owned by Nixon Associates, LLC, as shown in Deed Book 3174, Page 337 (PARID: R04400-002-008-000) of the New Hanover County Register of Deeds; said tract being more particularly described as follows: Beginning at an iron pipe found (NC Grid coordinates of N: 190449.41, E: 2355119.66) at the southeast corner of Map Book 38 at Page 266. Thence with the eastern line of Map Book 38 at Page 266, N 56°33'42" W — 230.03 feet to an iron pipe found and the southeastern corner of Lot 9. Thence with the southern line of Lot 9 the following courses; S 33040'26" W — 64.10 feet to an iron pipe found; S 33039'28" W — 208.61 feet to an iron pipe found. Said iron pipe found is the principal place of beginning. Thence with the western line of Enoch Chapel Missionary Baptist Church as shown in Deed Book 5498 at Page 2602 the following courses; S 56033'43" E - 250.02 feet to a NCDOT right of way disk found; S 51 °24'39" E - 57.21 feet to an iron rod set on the northern right of way of US 17; Thence with the northern right of way of US 17 the following courses; S 38032'43" W - 18.87 feet to a point; S 39038'50" W - 70.59 feet to a point; Thence with the eastern line of NCDOT as shown in Deed Book 6148 at Page 1696 the following courses; N 87014'35" W - 134.41 feet to a point; N 50021'10" W - 439.74 feet to a point; N 48046'40" W - 162.07 feet to a point; N 42009'30" W - 165.92 feet to a point; N 35047'25" W - 163.12 feet to a point; N 30027'04" W - 190.48 feet to an iron rod set; Thence with the western line of Carolina Power and Light Company as shown in Deed Book 1438 at Page 500, S 55049'38" E - 586.82 feet to an iron rod set; Thence with the northern line of The Cornelius Nixon Trust as shown in Deed Book 1778 at Page 220, S 42036'23" W - 83.31 feet to a point; Thence with the western line of The Cornelius Nixon Trust, S 56°33'42" E - 326.40 feet to an iron pipe found. Said Iron pipe found is the principal place of beginning. Having an area of 149,524 square feet or 3.43 acres, more or less. Board of Commissioners - January 9, 2023 ITEM: 16- 7 - 29 PARAN40U-NTE August 10, 2022 22143YE The Cornelius Nixon Trust Tract B PARID: R04409-004-006-000 Being the tract of land located in Harnett Township, City of Wilmington, New Hanover County, State of North Carolina; being the tract owned by The Cornelius Nixon Trust, as shown in Deed Book 1778, Page 220 (PARID: R04409-004-006-000) of the New Hanover County Register of Deeds; said tract being more particularly described as follows: Beginning at an iron pipe found (NC Grid coordinates of N: 190449.41, E: 2355119.66) at the southeast corner of Map Book 38 at Page 266. Said iron pipe found is the Principal Place of Beginning for this description. Thence with the eastern line of Alvaro & Maria Cervantes as shown in Deed Book 5172 at Page 2191 and Map Book 38 at Page 266, N 56°33'42" W - 230.03 feet to an iron pipe found; Thence with the northern line of Alvaro & Maria Cervantes, S 33°40'26" W — 64.10 feet to an iron pipe found; Thence with the northern line of Enoch Chapel Missionary Baptist Church as shown in Deed Book 5498 at Page 2602, S 33°39'28" W — 208.61 feet to an iron pipe found; Thence with the eastern line of Nixon Associates, LLC as shown in Deed Book 3174 at Page 337, N 56°33'42" W - 326.40 feet to a point in the centerline of the former S.C.L. Railroad (abandoned); Thence with the centerline of the former S.C.L. Railroad, N 42°36'23" E — 630.39 feet to an iron rod set at the northwestern corner of Lot 16R as shown in Map Book 49 at Page 189; Thence with the western line of Lot 16R and Ronald Edward Nixon as shown in Deed Book 4994 at Page 164, S 52°09'49" E - 239.53 feet to an iron rod set on the right of way of Ruth Avenue (50-foot Private Right of Way); Thence with a curve turning to the left with a radius of 50.00 feet, with an arc length of 138.29 feet, with a chord bearing of S 82°45'43" E, with a chord length of 98.24 feet, and a delta angle of 158°28'09", to an iron rod set; Thence with the western line of a 50-foot wide private right of way, S 52°09'54" E - 106.95 feet to an iron rod set; Thence with the northern line of Chase & Dylan Mihaly, LLC as shown in Deed Book 6237 at Page 848, S 43°25'10" W - 9.25 feet to an iron rod found; Board of Commissioners - January 9, 2023 ITEM: 16- 7 - 30 Thence with the northern lines of Lees Cut Investments, LLC as shown in Deed Book 2590 at Page 399, Sam McCall Family Limited Partnership as shown in Deed Book 5289 at Page 2506, and Alvaro & Maria Cervantes as shown in Deed Book 5172 at Page 2191, S 29°25'43" W - 358.22 feet to an iron pipe found. Said Iron pipe found is the principal place of beginning. Tract B having an area of 245,930 square feet or 5.65 acres, more or less. Board of Commissioners - January 9, 2023 ITEM: 16- 7 - 31 PARAN40U-NTE August 10, 2022 22143YE Cornelius Nixon Share A Trust Tract D PARID: R04409-004-004-000 Being the tract of land located in Harnett Township, City of Wilmington, New Hanover County, State of North Carolina; being the tract owned by Cornelius Nixon Share A Trust, as shown in Deed Book 5604, Page 2246 (PARID: R04409-004-004-000) and Lot 4R as shown in Map Book 49 at Page 189 of the New Hanover County Register of Deeds; said tract being more particularly described as follows: Beginning at an iron rod found at the southwest corner of Lot 4R as shown in Deed Book 5604 at Page 2246 and Map Book 49 at Page 189. Said iron rod found is the Principal Place of Beginning for this description. Thence with the western line of Lot 4R, N 52' 10'00" W - 154.70 feet to an iron rod set on the southern line of Ruth Avenue (50' wide private right of way, Map Book 49, Page 189); Thence with the southern line of Ruth Avenue, N 41'24' 17" E - 10 1. 18 feet to an iron rod set; Thence leaving Ruth Avenue and with the western line of Lot 3R as shown in Deed Book 5099 at Page 186 and Map Book 49 at Page 189, S 48°35'43" E - 157.62 feet to an iron rod found; Thence leaving the western line of Lot 3R and with the northern line of Nixon Associates, LLC as shown in Deed Book 6268 at Page 2451 and the northern line of Chase and Dylan Mihaly, LLC as shown in Deed Book 6237 at Page 848, S 43°25'10" W - 91.60 feet to an iron rod found. Said iron rod found is the principal place of beginning. Tract D having an area of 15,026 square feet or 0.35 acres, more or less. Board of Commissioners - January 9, 2023 ITEM: 16- 7 - 32 PARAN40U-NTE August 10, 2022 22143YE Nixon Associates, LLC Tract E PARID: R04400-002-016-000 Being the tract of land located in Harnett Township, City of Wilmington, New Hanover County, State of North Carolina; being the tract owned by Nixon Associates, LLC, as shown in Deed Book 6268, Page 2451 (PARID: R04400-002-016-000) of the New Hanover County Register of Deeds; said tract being more particularly described as follows: Beginning at an iron rod found at the southwest corner of Lot 4R as shown in Deed Book 5604 at Page 2246 and Map Book 49 at Page 189. Thence with the southern line of Lot 4R, N 43025' 10" E — 32.20 feet to an iron rod set. Said iron rod set is the Principal Place of Beginning for this description. Thence with the southern line of Lot 4R and 3R, N 43°25'10" E - 74.63 feet to an iron rod set; Thence leaving the southern line of Lot 3R and with the western line of Willie Blanche Evans as shown in Deed Book 2808 at Page 151, S 50'15'51" E - 184.04 feet to an iron rod set on the northern right of way of US 17; Thence with the northern right of way of US 17, S 39°17'39" W - 71.63 feet to an iron rod set; Thence leaving the right of way line of US 17 and with the eastern line of Chase & Dylan Mihaly, LLC as shown in Deed Book 6237 at Page 848, N 51°07'29" W - 189.41 feet to an iron rod set on the southern line of Lot 4R. Said Iron rod set is the principal place of beginning. Having an area of 13,637 square feet or 0.31 acres. Board of Commissioners - January 9, 2023 ITEM: 16- 7 - 33 Concept Plan Board of Commissioners - January 9, 2023 ITEM: 16- 8 - 1 RUTH AVENUE NIXON PROPERTIES RUTH AVE-...- UE NEW I IANOV R COUNTY, NORTH CARO INA CONDITIONAL REZONING SITE PLAN NOTICE REQUIRED ALL EXISTING UNDERGROUND UTILITIES SHALL BE PHYSICALLY LOCATED PRIOR TO THE BEGINNING OF ANY CONSTRUCTION IN THE VICINITY OF SAID UTILITIES. CONTRACTORS SHALL NOTIFY OPERATORS WHO MAINTAIN UNDERGROUND UTILITY LINES IN THE AREA OF PROPOSED EXCAVATION AT LEAST TWO WORKING DAYS, BUT NOT MORE THAN TEN WORKING DAYS PRIOR TO COMMENCEMENT OF EXCAVATION OR DEMOLITION. CONTRACTORS SHALL CONTACT OVERHEAD ELECTRIC PROVIDER TO COMPLY WITH FEDERAL OSHA 1910.333 MINIMUM APPROACH DISTANCE TO ENERGIZED POWERLINES AND OSH 29 CFR 1926.1407-1411 MUST BE FOLLOWED. CONTACT THESE UTILITIES NEW HANOVER COUNTY PLANNING DEPARTMENT PH: 910-798-7165 PIEDMONT NATURAL GAS ATTN: CARL PAQUET PH: 910-350-2242 EMERGENCY DIAL 911 POLICE - FIRE - RESCUE Know what's below. Call before you dig. CFPUA (WATER & SEWER) PH: 910-332-6550 DUKE ENERGY PROGRESS GENERAL PH: 1-800-452-2777 AT&T ATTN: STEVE DAYVAULT PH: 910-341-7664 SPECTRUM GENERAL PH: 800-892-4357 NOVEMBER 2022 APPLICANT: STOUT OPERATING FIRM 170 MEETING STREET #334 CHARLESTON, SC 29403 RUTH AVENUE NINON PROPERTIES CONDITIONAL REZONING SITE PLAN PROJECT # 22143.PE PROPERTY OWNER: NIXON ASSOCIATES, LLC 7049 RUTH AVENUE WILMINGTON, NC 28411 NOVEMBER 1, 2022 APPLICANT: STOUT OPERATING FIRM 170 MEETING STREET #334 CHARLESTON, SC 29403 PROJECT CONSULTANTS ENGINEER/ LAND PLANNER/ LANDSCAPE ARCHITECT CI 1p\/Fvf1R PARAMOUNTE ENGINEERING, INC. PARAMOUNTE ENGINEERING, INC. 122 CINEMA DRIVE 122 CINEMA DRIVE WILMINGTON, NC 28403 WILMINGTON, NC 28403 CIVIL: ROB BALLAND, PE (910-791-6707) JOSH TAYLOR, PLS (910-791-6707) LANDSCAPE ARCHITECT: ALLISON ENGEBRETSON, RLA (910-791-6707) SHEET INDEX SHEET NUMBER SHEET TITLE C-0.0 COVER SHEET EX-1 EXISTING CONDITIONS SURVEY C-2.0 CONDITIONAL REZONING SITE PLAN PREPARED BY- PARAMOUNTE E N G I N E E R I N G, I N C. ITEM: 16- 9 - 1 122 Cinema Drive Wilmington, North Carolina 28403 (910) 791-6707 (0) (910) 791-6760 (F) NC License #: C-2846 RUST 10 SIT / ��0 0 C O LL Q? / ' U J VICINITY MAP NOT TO SCALE ® y NORTH / TRACT A TRACT B PROJECT ADDRESS: 7001 MARKET STREET PROJECT ADDRESS: 7011 RUTH AVENUE w PROPERTY OWNER: NIXON ASSOCIATES, LLC PROPERTY OWNER: CORNELIUS NIXON TRUST B / WILMINGTON, NC 28411 WILMINGTON, NC 28411/ cn ul PARCEL PIN: R04400-002-008-000 PARCEL PIN: R04409-004-006-000 w (.0 /48 CURRENT ZONING: B-2 CURRENT ZONING: B-2 ti m O \ CURRENT LAND USE: VACANT LAND CURRENT LAND USE: VACANT LAND I m I TRACT AREA: ± 3.43 AC TRACT AREA: ± 5.65 AC APPROXIMATE cnWETLANDS - pco I \ TRACT C TRACT D / I ± 0.39 N \ PROJECT ADDRESS: RUTH AVENUE RIGHT OF WAY PROJECT ADDRESS: 7032 RUTH AVENUE PROPERTY OWNER: NEW HANOVER COUNTY PROPERTY OWNER: CORNELIUS E NIXON REV TRUST \ I WILMINGTON, NC 28411 PARCEL PIN: N/A CURRENT ZONING: B-2 CURRENT LAND USE: ROAD RIGHT OF WAY RIGHT OF WAY AREA: ± 1.01 AC AREA OF ROW TO BE ABANDONED: ± 0.15 AC (NOT INCLUDED IN ± 1.01 AC) TRACT E PROJECT ADDRESS: 7035 MARKET STREET PROPERTY OWNER: NIXON ASSOCIATES, LLC WILMINGTON, NC 28411 PARCEL PIN: CURRENT ZONING: CURRENT LAND USE TRACT AREA: R04409-004-004-000 R-15 VACANT LAND ± 0.35 AC PARCEL PIN: R04400-002-016-000 CURRENT ZONING: R-15 CURRENT LAND USE: SINGLE FAMILY RESIDENTIAL TRACT AREA: ± 0.31 AC GENERALNOTES 1. SEE SURVEYOR BOUNDARY SURVEY AND LEGAL DESCRIPTIONS FOR TRACT BOUNDARIES. v 2. THE SUBJECT PARCELS ARE LOCATED IN ZONE X - MINIMAL FLOOD RISK - AS SHOWN BY c) FEMA PANEL NUMBER 3720315900J BEARING AN EFFECTIVE DATE OF APRIL 3, 2006. O o 3. WETLANDS SHOWN THIS PLAN ARE BASED ON DAVEY RESOURCE GROUP PRELIMINARY U ASSESSMENT. WETLANDS IN REVIEW FOR DELINEATION. 4. UTILITIES AS SHOWN ARE PLOTTED FROM INFORMATION VISIBLE IN THE FIELD AND FROM INFORMATION PROVIDED BY UTILITY COMPANIES. ADDITIONAL UTILITIES NOT SHOWN MAY V EXIST. THE APPROPRIATE UTILITY COMPANIES SHOULD BE CONTACTED PRIOR TO LAND W DISTURBING ACTIVITIES. Q 5. OBSERVED HEADSTONES ON SITE, AS NOTED ON PLAN; FULL EXPLORATION BY SPECIALIST COMPLETED; NO ADDITIONAL GRAVES FOUND ON SITE. 6. TRACT C INCLUDES BOTH CONSTRUCTED, EXISTING RUTH AVENUE PRIVATE ROW AND 50, PRIVATE ROW WITHIN PROJECT BOUNDARY WHICH IS UNCONSTRUCTED AND PROPOSED TO BE ABANDONED / RECOMBINED WITH DEVELOPABLE PROJECT BOUNDARY. -48 / CAROLINA POWER & LIGHT CO , \/ PARID: R04400-001-001-002 D.B. 1438, PG. 500 \ ZONING: R-15 LAND USE: POWER STATION LINE BEARING DISTANCE L1 S 43025'10" W 9.25' L2 S 51 °24'39" E 57.21' L3 S 38032'43" W 18.87' L4 N 55049'38" W 33.98' L5 S 34025'27" E 48.43' L6 S 81011'28" W 40.00' L7 N 48059'59" E 1.38' L8 N 55019'38" W 13.61' L9 S 42036'23" W 83.31' CURVE RADIUS ARC LENGTH DELTA CHORD LENGTH CHORD BEARING C1 50.00' 138.29' 158028'09" 98.24' S 82045'43" E C2 930.00' 191.69' 11 048'36" 191.35' N 14042'50" W C3 890.00' 96.55' 6012'57" 96.51' N 05042'04" W C4 20.00' 25.62' 73022'56" 23.90' S 04042'20" W C5 50.00' 11.16' 12047'28" 11.14' S 25035'57" E C6 50.00' 209.95' 240035'25" 86.34' N 78054'02" W C7 255.00' 48.52' 10054'10" 48.45' S 28038'22" W C8 205.00' 1 87.77' 24031'50" 87.10' S 35027'12" W C9 255.00' 109.17' 24031'47" 108.34' N 35027'12" E C10 1 205.00' 65.17' 18012'56" 64.90' N 32017'48" E O 2 m cz O l I O rn I m N I\ EXISTING POWER SUBSTATION O \ � m � II o 1 = O TRACT BOUNDARY, TYP. 100' POWERLINE EASEMENT m m _SS z Ss SS l-- "I SS SS SS S� -SS `p EXISTING SANITARY SEWER L L}T- EXISTING 30' UTILITY ESMT S SS - o -rLIT 9 _ V SS SS S OtiF �S- LEGEND: 0 IPF IRON PIPE FOUND 0 IRF IRON ROD FOUND 0 IRON ROD SET 0 DSK NCDOT RIGHT OF WAY DISK ® PKF PK NAIL FOUND Q PKS PK NAIL SET ry TV RISER rR TRANSFORMER 01* LIGHT POLE COL.) POWER POLE C- GUY ANCHOR ® TELEPHONE RISER 0 WATER METER pd WATER VALVE FIRE HYDRANT P CLEAN -OUT Q SANITARY SEWER MANHOLE Qp STORM DRAINAGE MANHOLE GRAVE SITE ® CURB INLET ® CATCH BASIN © GAS METER TREES ESMT LINE ADJOINER PROPERTY LINE UNDERGROUND TELEPHONE 100-YR FLOOD ZONE LINE - - R.O.W. LINE OHE OVERHEAD ELECTRIC ss ss SANITARY SEWER _ _ _ _ _ ss _ Q \ ° SS SS -�� °36..Ir� 5547.10'_ -��T T m 0 SS__ SS !� SS / EXISTING DITCHES MIX OF 3" - 8" WATER OAK - OHE � OH SS SS = o T -_ EXISTING OH ELECTRIC & POLES OHE p OAK AND LOBLOLLY PINE UT-- -- `j UNDERSTORY OFWATER OAKS WAX MYRTLE E AND RED BAY S , , �T-LT - _ �- _�_ -F}T UT - " OHE �� L7 I J41BI + 3" - + 6" WATER OAK -UT =UT I IT 'I p 5" - 12" LOBLOLLY PINE ` rZ =:�� m - SPORADIC ±4" RED MAPLE TRACT A I�, 1 , MIX OF 6" 10" LOBLOLLY PINES AND SLASH PINES ' 0 16R WAX MYRTLE UNDERSTORY I I " , �J p I RONALD NINON & LIGHT UNDERSTORY RED BAY =SMITH I I - SPORADIC 3" - 5" WATER OAK I s GWENDOLYN LYN SMI SMITH NINON --j- - 1�, POCKET OF 8" - 10" LAUREL OAKS AND LIVE OAKS m PARID: R04409-004-016-000 I I I M.B44 49. PG. 189 / LLP 18 N ZONING: R-15 I I� O °r�� I EXISTING DITCH, TYP. 1" - 3" LIVE OAK, ` , I� m I OAK I I 3" - 5" WATER OAK, & I �I LA01 6��\ WO 10 z A z I III v a III D D OPEN UNDERSTORY ' '' �' OPEN AREA WITH SOME m O o o z z m r DYING/CLEARED TREES z TRACT D cn mZ00Wo�� cNWW� z Ay crv�go�D 1 1 J�� CSi■ v z�coo�r'r mZ' rno(n O 3OOz (nO W ao� o \�G7 oco°r' / I I Zm�am vCi0oo00�0 mZ o0C,m I� cn '*1020 I� rn m.. v ysx rnoo rno m ao LIVE OAKS / N JIB N Lo G)mo�0 rn G)m- c°� mZ�o�r mG?v- or U7 :I7 01 !I\` O-�G)oCn co Omo Z- Cn Omo ENOCH CHAPEL MISSIONARY ' I o c" ,A`\�% WO 15 m ' �' A . G) o D G) °� o m ro z cs IN CEMETARY (D O o o i cn m o O O a� m .. m- °- O r- {� BAPTIST CHURCH x - 71\WO16 COrn� x m°,omo0 C/>�pmo0 m� �oo ' ;0 D D ` W CC w z c° o _ G) 0 2 Z c° a. m W PARID: R04409-004-006-000 r D �, 4" - 6" LOBLOLLY PINE; _ 1I O Q$ OT A CI` JV Dr o m I y cO o 0 Z° (0m o X I /D a o z m � ? D.B. 5498, PG. 2602 D Acn 10" - 13" LAUREL OAKS / = O m ♦ 'nc I o I I o p I -+ o , o ��► W012 oz O o O ZONING: B-2 Z o o O� m 2 D m tnI y, = I rD- oo z y O O g �, r AND WATER OAKS; m o p Z m LAND USE: CHURCH c N� 9 w L I rn y, I �m� ♦ CLUSTER OF 12", 15", I o I m z .� N �N OPEN UNDERSTORY; I L CO m�LO 22 S 43 LO �p W 91 6 ' I AND 16" WATER OAKS I Or o yZ-omoD , p o 5.23'_ _ W m N y N rpn� I � 32.20' N 43°25-1 -- 00Zir'�8o�w �tigi��- ' E 74.63' - - r- y °' N yo ,df" \nf 0 I N 42°20'31" E 386.88' -- ' o No - - y _ w EXISTING BUILDINGS V X ' 0 0 I TO BE DEMOLISHED 7 m / CHASE & DYLAN MIHALY, LLC TRACT E PARID: R04400-002-015-000 LEES CUT INVESTM I NTS LLC I � D.B. 6237, PG. 848 � ZONING: B-2 (CZD) PARID.B. 2590, PG?399 000 I ( LAND USE: VACANT LAND WILLIE BLANCHE EVANS y � LIFE ESTATE ZONING: B-2 I N m PARID: R04400-002-017-000 Q ` / ALVARO & MARIA CERVANTES LAND USE: RETAIL I SAM MCCALL FAMILY LIMITED = D.B. 2808, PG. 151 PARID: R04400-002-01 1 -001 PARTNERSHIP m o ZONING: R-15 D.B. 5172, PG. 2191 / : LAND USE: RESIDENTIAL ( ' fU TL3 LAND USE: RETAILZONING: B-2 PARID: R04400-002-011-000 w 44� 1 oID.B. 5289, PG. 2506 OLAND USE: REi AIL ZONING: B-2 i 4' S 39°38'50" W � � 70.59'+ BHO I 3H0 3HO _ . S 39°17'39" W - - 3H0' �0 3H0 3H0 - N 39°4T21" E �. _ t 71.63' MARKET STREET / U.S. 17 0 _ .lanuaryg 2n�� (PUBLIC KOWl - WIm WIDTH VARIES) 1" - 3" LOBLOLLY PINES LAND USE: RESIDENTIAL " `� � � '� / a v p TRACT B ��t• I I I o 0 o A D I I w 1 m m000Wo� I I o oo� z �z ,, m ,( Z CN�oo; p\ O Ooz U ' I, 11 O cWO OZv�ox m9-1°-OPo �� mz�a.ox D z m- m Z °� o m A- RUTH M NIXON D O o 0 Z_ w o D A C° A Q PARID: R04400-002-046-000 ' I w_ O= I I z,>�oz I I I mv' °� \ I I I �� °a0z I D.B.1272,PG.960 EXISTING NCDOT PERMANENT UTILITY Q I I I z OD 6) c) m o m m v_ z EASEMENT (PUE) INCLUDING 16" STORM PIPE = I' ■ �� 30' WATER &SEWER EASEMENT I m v �° w Z m , > g z �' o O M.B. 61, PG. 72 & POTENTIAL CFPUA WATER LINE LOCATION ', _ z o D z° , o X m� 4-0 I I ZONING: R-15 _ ��+rs ' O o 3 I -A cn 8 O I\ Z co n) o 0 LAND USE: RESIDENTIAL r^ \ ItrI�,I � ' OZ I I 5: A60 � VJ OPEN LICHEN �I \ o = 44- I'� 11" WATER 8" 12" LOBLOLLY PINE & SLASH PINE; I'� - - = : �I OAK SPORADIC 15" LOBLOLLY PINE; I I I EXISTING WATER & O , OBSERVED HEAD UNDERSTORY 4" - 6" WATER OAK; �I I O _ -IL 105 I 44_ - SEWER EASEMENTS A *1 STONE ON SITE 1" - 2" LIVE OAK ' 112.97' 00 z ++� OPEN UNDERSTORY , _ 1U� 112.53' o 1 jr�' ► �, �I = �� 0.15' 1�1 y, �'�LO 11,12 ' N 41°24'17" E 525.65' TOTAL �\'%LO 9,9,10 w ,\�,_ - TRACT C _ nr LP 21 '�` T T r 7mcLP 9 ^\TWO 6 .u, S 33°40'26' m`LAO 9 �v A V �' _ 3" - 6" LIVE OAK '"' � WO 6 AND WATER OAK , �``LP 8 \cLP�� '-' "WO 24 64.10'00 _ , _ ' / II I 'N S 41 24�T W 45 57 TO,TAL4.DTH� low W 208.61' I ♦ 1 I N 1°24'17 E 101.18' C 95.60 lM-� IF S 33°39'28 - °j� LO 20 , %n\cLP 15 DYING 83.03' w cl�O UNDERSTORY 85.86' II LAUREL (ON MOUND) LOBLOLLY PINE I '7ir LO 18 0� I EXISTING TREELINE, TYP. m vg M--I GRAPHIC SCALE [� 0 30 60 120 240 SCALE: 1 "=60' Z O w M � � O W � �WN H z O Oww I_ 2 1-1� 1 L O u_ z O z �- O LU J cry U U WU Z _ ow 00 o 00 � � c�1 p IF N Z _ Q �o U m OO W N O Z a� U Z A W O W � LH 1 ; cry W � O O �O O ww� U ��O O N p W CO N O = CL Q Q 0 Z O ~ > > 00 OZ LL 0 J J CL' Z U �,�° Q F, 0 aLU ZoU) Z_ zzy O U�-w Q iu�2�U SEAL EX-1 PEI JOB#: 22143.PE ITEM: 16- 9 - 2 9 VICINITY MAP NOT TO SCALE SITE INFORMATION IMPERVIOUS CALCULATIONS: PROPOSED IMPERVIOUS AREA BUILDINGS: ± 50,530 SF ASPHALT / CURB & GUTTER: ± 93,892 SF • , SIDEWALKS / CONCRETE: ± 5,304 SF TRASH RECEPTABLES: ± 410 SF TOTAL IMPERVIOUS: ± 150,136 SF (± 3.447 AC) PROPOSED PERCENT IMPERVIOUS: ± 34.85% PROJECT ADDRESS: 7011 RUTH AVENUE, 7032 RUTH AVENUE, 7035 MARKET ST., 7001 MARKET ST. WILMINGTON, NC 28411 PROPERTY OWNER: NIXON ASSOCIATES, LLC 7049 RUTH AVENUE WILMINGTON, NC 28411 PARCEL PIN: R04409-004-006-000, R04409-004-004-000, R04400-002-016-000, R04400-002-008-000; EXISTING UTILITY EASEMENT I ly GI / m APPROXIMAT • WETLANDS / ± 0.39 / m I I I Im I T� RUTH AVENUE PRIVATE RIGHT OF WAY EXISTING UTILITY EASEMENT CURRENT ZONING: B-2 PROPOSED ZONING: RMF-M PROPOSED USE: MULTI -FAMILY FUTURE LAND USE CLASSIFICATION: URBAN MIXED USE PROJECT SITE AREA: ± 10.95 ACRES DEVELOPMENT AREA: ± 9.94 ACRES RUTH AVENUE RIGHT OF WAY.' ± 1.01 ACRES MAX DENSITY ALLOWED IN RMF-M: 17 DU/AC (169 UNITS) TOTAL PROPOSED UNITS: 144 UNITS PROPOSED DENSITY: ± 14.49 DU/AC RMF-M DIMENSIONAL - MULTI -FAMILY DATA: REQUIRED: PROVIDED: MIN. LOTAREA: 20,000 SF 432,986.40 SF MIN. LOT WIDTH: 100, VARIES FRONT SETBACK 35' 35' SIDE SETBACK (STREET): 30' 30' SIDE SETBACK (INTERIOR): 25' (3 STORIES OR MORE) 25' REAR SETBACK. 30' (3 STORIES OR MORE) 30' BUILDING HEIGHT MAXIMUM. 3 STORIES 4 STORIES* *A 100' STRUCTURE SETBACK SHALL BE IMPLEMENTED FOR 4-STORY STRUCTURES IN RMF-M DISTRICT WHEN ADJACENT TO A RESIDENTIAL USE OR SUBDIVISION IN GENERAL RESIDENTIAL DISTRICT AND 75' WHEN ADJACENT TO A MULTI -FAMILY DWELLING OR UNDEVELOPED IN GENERAL RESIDENTIAL DISTRICT. SEE SECTION 3.1.3. C.2 FOR STANDARDS WHEN ADJACENT TO RESIDENTIAL PROPERTIES BUILDING & UNIT DATA MULTI -FAMILY APARTMENT (24 UNITS EACH) 2 BUILDINGS / 144 UNITS EXISTING SANITARY SEWER � )S SS --_ PROPOSED TRASH COLLECTION; SCREENED 1 1 BUILDING HEIGHT 65' MAX PROPOSED F WIDE SIDEWALK, TYP. BUILDING AREA 25,602 SF 4S 1 BEDROOM UNITS 32 UNITS 2 BEDROOM UNITS 104 UNITS 3 BEDROOM UNITS 8 UNITS PARKING REQUIREMENTS: SEC 5.1: DWELLING, MULTI -FAMILY: ONE AND ONE-HALF (1.5) SPACES PER 1 BEDROOM UNIT AND TWO (2.0) SPACES PER 2+ BEDROOM UNITS. PARKING REQUIRED: 272 SPACES 1-BED UNIT 48 SPACES (32 UNITS * 1.5 SPACES/UNIT) 2-BED UNIT 208 SPACES (104 UNITS *2 SPACES/ UNIT) 3-BED UNIT 16 SPACES (8 UNITS * 2 SPACES/ UNIT) TOTAL PARKING PROVIDED ON SITE: 274 SPACES MIN RESIDENT PARKING PROVIDED: 272 SPACES (INCLUDES 13 COMPACT SPACES) CLUBHOUSE/AMENITY PARKING PROVIDED: 2 SPACES MIN. TOTAL ADA REQUIRED: 7 SPACES TOTAL ADA PROVIDED: 7 SPACES OPEN SPACE: REQUIRED OPEN SPACE: ± 1.99 AC (20% OF GROSS AREA) PROVIDED OPEN SPACE: ± 5.45 AC INCLUDES AMENITY, WETLANDS, BUFFERS, & EASEMENTS FLOOD NOTE: THE SUBJECT PARCELS ARE LOCATED IN ZONE X - MINIMAL FLOOD RISK - AS SHOWN BY FEMA PANEL NUMBER 3720315900J BEARING AN EFFECTIVE DATE OF APRIL 3, 2006. WETLAND NOTE: WETLANDS SHOWN THIS PLAN ARE IN REVIEW FOR DELINEATION. BUFFERYARD NOTES: 1. ABUTTING RESIDENTIAL LAND USE: TYPE A - OPTION 1 BUFFERYARD APPLIED, 20' WIDTH 2. ALL SHRUBS TO BE A MINIMUM OF 6' HEIGHT AT TIME OF PLANTING. 3. ALL PLANTING WILL PROVIDE ONE HUNDRED (100) PERCENT OPACITY FROM GROUND TO A HEIGHT OF 6' WITHIN (1) ONE YEAR OF PLANTING. 4. WHERE AMPLE VEGETATION EXISTS WITHIN BUFFFERYARD; NO PLANTINGS WILL BE INSTALLED. WHERE EXISTING VEGETATION DOES NOT MEET CODE; ADDITIONAL PLANTINGS WILL BE INSTALLED AS SHOWN. 5. A MINIMUM OF THREE ROWS OF PLANTED MATERIAL IS REQUIRED. STREET YARD NOTES: 1. MINIMUM WIDTH OF V AND MAXIMUM WIDTH OF 27'. 2. FOR EVERY 600 SQUARE FEET OF STREET YARD AREA ON AVERAGE, 1 CANOPY/SHADE TREE (OR IF OVERHEAD POWER LINES ARE LOCATED ABOVE THE STREET YARD, 3 UNDERSTORY TREES) AND 6 SHRUBS, 12" IN HEIGHT AT TIME OF PLANTING. 3. WHERE AMPLE VEGETATION EXISTS WITHIN STREET YARD, NO PLANTINGS WILL BE INSTALLED. WHERE EXISTING VEGETATION DOES NOT MEET CODE; ADDITIONAL PLANTINGS WILL BE INSTALLED AS SHOWN. 4. FOR SITES WITH TWO OR MORE STREET FRONTAGES, ONLY THE PRIMARY STREET FRONTAGE SHALL BE REQUIRED TO CONTAIN THE FULL AMOUNT OF STREET YARD ASDETERMINED IN TABLE5.4.6.AB: STREET YARD AREA STANDARDS.SECONDARY STREET FRONTAGES ARE REQUIRED TO CONTAIN 50 PERCENT OF THE REQUIRED STREET YARD AREA. TORY, 72 UNIT MULTI -FAMILY -9 APARTMENT BUILDING, TYP. 1 1 OOo� 1 H q � 1 1 TRACED SANITARY GRAVITY SEWER EXISTING TREELINE -} ss ss s� - UT - --� NI 30' STREET SIDE SETBACK m l _ LEGEND FORMER ILROAD ROW RA I 2 I Iw I I LI1 /. G�rD1G�nN '0. m 0 ZuNooW.Z_A, Af RID vA OII mzD`OGac p�R.�zXov Dm I II I IuII1 I DaQNoc 'z I I 19E6 M5E1L'ISSA HOSTETL E R ' \ bQ - - - === PROPERTY LINE RUTH M NIXON P06 RONALD NIXPARIDR04400-002-046-000N DOOLYN&SMITH .o, cN ARID: R4400-002-021-000 GWEND.B. 1272, PG. 960 5=PR934, PG. 1651O"zaz oZ D.B. OPOSED CURB AND GUTTER NIXON 2p72 ID: - PA'p ZONING: R-15 M.B. 61, PG.72m ;x o m m ZONING: R-15 OvoO )o4z E: RESIDENTIAL 9-0 164 Z p n LAND USE: VACANT LANDR044004-016-000 C�LAND USPROPOSED BUFFER DMB4994Pomo LAND 90 i.4PGcz PROPOSED SETBACKo-0ZONING: R-15 y oARESIDENTIAL PROPOSED POND OUTLINEm 112.97105.00, ' 11253' 90.15PROPOSED SIDEWALK N 41'2 RUTHAVE CS �xIVATExoW-so'�DTx) S2PROPOSED SIDEWALK S424'17W458.57'TOTAL 95.60' 90' 83.03' 85.86' 07 N jF MOUNT N METHODIST EPISCOPALCHURCH - z A PARIDR04400-002-025-000 z z Xz 0 '0on D.B. 1304, PG. 49 �m c0�pAI -15m ZONING:R mzNm 7Jc LAND USE: CHURCH 3 oam NZOmm�� f9M ?aoaM m3 mED. w ;APzv�� NX mnO.ao0 _waO Z Zo W. poZxO�D co D oXp 60 oZ 41.5.23'-D 32,20'- N 43°25'10" E 74.63' - N 42°20'31" E 386.88' 18' 24' 18' 0.5' PARKING SPACE DRIVE AISLE PARKING SPACE 0.5' 1.5' 1.5' CAROLINA POWER & LIGHT CO PARID: R04400-001-001-002 I I 1/4" PER FT 1/4" PER FT 1/4" PER FT 1/4" PER FT D.B. 1438, PG. 500 SLOPES= 3:1 2"-S9.5C SURFACE SLOPES= 3:1 ZONING: R-15 6.5' SIDEWALK 6" ABC BASE 6" ABC UNDER CURBING 6.5' SIDEWALK LAND USE: POWER STATION VARIES -SEE PLAN AL CURB VARIES -SEE PLAN 24" VERTIC i m I PAVING NOTE: ALL PAVING THICKNESS WILL BE DETERMINED BASED ON SOILS DATA. NO TESTING HAS BEEN COMPLETED AT THIS TIME, SO A MINIMUM PAVING SECTION HAS BEEN PROVIDED AND WILL BE FURTHER EVALUATED WITH THE IAVAILABILITY OF SOILS DATA. 24' PRIVATE DRIVE WITH PARKING CROSS SECTION � I NOT TO SCALE POWER SUBSTATION o ACCESS DRIVE I m 1 EXISTING POWER SUBSTATION ZONING: B-2 ' U.t5. ozua, rU. zoun LAND USE: RETAIL ZONING: B-2 1 LAND USE: RETAIL MARKET STREET / U.S. 17 - (PUBLIC ROIL - WIDTH VARIES) EXISTING TREES TO REMAIN IN BUFFER / STREET YARD / OPEN SPACE AREAS O - - - as SS SS - SS = OHE OHE OHE tt�-t}T -UT UT- 100' SETBACK LINE FROM RESIDENTIAL F - _ 0 I USE PROPERTIES FOR PORTIONS OF m - STRUCTURES WITH 4 STORIES 30' WATER & SEWER _ = m EASEMENT I I I I I RONALD DWARD III D D n III D > III I r NIXON& p 0p� p �Op> Z D, GWENDOLYN SMITH I I CN-OD" cn0p) �� CNbo9°�n I I 0 Op• . I O NIXON mz�,CD�z I I m0. mom c�onoi4- z- CN�� SOW poi PARID: m 4 .A M �z_ z R04409-004-016-000 0 iv C° woD � mz A c4 C z `° o oI D.B. 4994, PG. 164 III 0 CD 0 Z��Az I I cmn o m O�-'0+'_z I I c_mn Boa m I I M.B. 49. PG. 189 �cn00 67T I Z�'<0PQ x I 0�_,n�Q O ZONING: R-15 I D �w�= D I "'0Dz oo z;'-,8rvbc a LAND USE: I I Z o 0 o III -I II I RESIDENTIAL I O I I r I o PRIMARY PROJECT ACCESS DEVELOPER MAINTAINS RUTH I I EXISTING WATER & - AVENUE TO OGDEN PARK ROAD _ SEWER EASEMENTS _ J Iw RUTH AVE - _ (PRIVATE R 0 W1 - 50' WIDTH) O ------- Ch AIF z X m I y DX I T O 0 0 o z III z 1 Z I I I D x �T-1 �• .. z 0 oom c Q0°po� CON go�lC 0 +�"Do0 W Zc°�orr-!_ I?1Ocao.ohm C�Op m G) z o o 0` I l m ��. G� cmn��o �z�rno 15 Z��pcnr OcnLop-i,D �0�-00 w.86 O m 0 �� oo III z c0ooz 0��• +�. D E N O III Z r.0 o c hr-y 12 o m I D ox � CO�o; o r oZ I rr oo, 1 wI O 0 I CHASE & DYLAN 1 m MIHALY, LLC D II PARID: z R04400-002-015-000 � 25' SIDE SETBACK D.B. 6237, PG. 848 I 1 -30'- ZONING: B-2 (CZD) m WILLIE BLANCHE EVANS I ILAND USE: VACANT 1 00 I 1 LIFE ESTATE I I O LAND n PARID: R04400-002-017-000 m I m X I D.B. 2808, PG. 151 III I ZONING: R-15 O i LAND USE: RESIDENTIAL N--I m I I 20' LANDSCAPE BUFFER �^ ADJACENT TO RESIDENTIAL 25' SIDE SETBACK HO 3HO H _ I- PROPOSED 30' ACCESS AND UTILITY 10.5' STREET SIDE SETBACK EASEMENT TO ADJACENT PROPERTY; 18 STREET BUFFER GRAPHIC SCALE H EXACT LOCATION TBD I I 'SECONDARY PROJECT ACCESS 0 30 60 120 240 w SCALE: 1 "=60' ^(� Z O LlN.I C'n W G1 W N O II z 0 z _j J U WO Z - ow 0o 00 � N 00 N Z ^ - W w VZO U N �o Z c O '10 �Z A w o W H �J O O 0 0 O ��v W 0 N O m m m N O D_ D_ d Z I O Q U Q 00 z O LL U J J d' J�(z Z (� U F¢�oLU LU Z_ o o > Z>Z Y O UJ J¢LLI UUaLZOf LU Q W J�>U 0 ouUi000 SEAL C-2,00 PEI JOB#: 22143.PE Board of Commissioners - January 9, 2023 ITEM: 16- 9 - 3 Public Comments In Support Neutral In Opposition Board of Commissioners - January 9, 2023 ITEM: 16- 10 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/9/2023 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 (Z22-22) - Request by Samuel Franck with Ward and Smith, P.A., applicant, on behalf of Wilmington Development Group, Inc, property owner, to rezone approximately 7.63 acres of land located at 147 Brentwood Drive from R-15, Residential to (CZD) R-5, Residential for a quadraplex and triplex residential development. BRIEF SUMMARY: The applicant is proposing to rezone approximately 7.63 acres at 147 Brentwood Drive from R-15, Residential, to (CZD) R-5, Conditional Residential District. The proposed development consists of 3 triplex and 10 quadraplex buildings on the parcel, which is located between existing single-family dwellings along Glendale Drive to the north and Brentwood Drive to the west and south. Businesses fronting Castle Hayne Road border the property to the east. The R-15 district in this area was established in 1972. At the time, the purpose of the R-15 district was to ensure that housing served by private septic and wells would be developed at low densities. Since that time, water and sewer services have begun to become available to nearby larger developments. However, the general area remains primarily zoned for low density housing with business and industrial uses located along Castle Hayne Road. The purpose of the R-5, Residential District is to provide lands that accommodate moderate to high density single-family detached and single-family attached development. The proposal would be accessed by a drive in the southeastern corner of the site, connecting the development to Brentwood Drive. A gated access for EMS has been proposed in the southwestern corner of the site. The development's proposed method of stormwater management will be two wet detention ponds, one located along the southern boundary of the parcel and one located towards the northeastern corner. A 20' perimeter setback containing a Type A opaque buffer is indicated along the northern and southern boundaries of the project adjacent to property zoned or developed as R-15, Residential Districts. The opaque buffer is not delineated within the area designated as open space. Currently, water and sewer are not available to the subject site. A mainline extension would be required to serve the proposed project, and the applicant has developed an infrastructure connection plan in coordination with CFPUA. As currently zoned, the site would be permitted a maximum of 19 single-family dwelling units if developed using performance standards, at a density of 2.5 du/acre. The proposed 49-unit development equates to a maximum density of 6.41 units per acre. The R-5 district allows up to 8 units per acre by -right. The subject property is located on an NCDOT maintained local road that only connects to Castle Hayne Road, an NCDOT maintained minor arterial road. The estimated traffic generated from the site is under the 100 peak hour threshold that triggers the ordinance requirement for a Traffic Impact Analysis (TIA). As currently zoned, it is estimated the site would generate about 16 Board of Commissioners - January 9, 2023 ITEM: 17 AM trips and 21 PM trips during the peak hours if developed at the permitted density of 19 single-family dwellings. The proposed R-5 development would increase the estimated number of peak hour trips by approximately 4 AM and 4 PM peak hour trips. Based on a generalized historic generation rate, staff would estimate that the increase in homes would result in approximately 7 additional students than would be generated under current zoning. One of the goals of the New Hanover County Strategic Plan for 2018-2023 is to encourage the development of complete communities in the unincorporated county by increasing housing diversity and access to basic goods and services. The proposed R-5 CZD zoning district would allow for an increase in housing diversity and would allow those residents to utilize existing goods and services within one mile of the subject property. The subject property is located in the northern portion of the county along a minor arterial road, Castle Hayne Road, in between the Wrightsboro neighborhood commercial node and downtown Wilmington. The subject parcel is approximately less than one mile from commercial services available at both the Airport Commerce employment center to the east and less than two miles from the Wrightsboro commercial node to the north. The Comprehensive Plan classifies the subject parcel as Employment Center. Employment Center place types are generally applied in areas like this that are intended to serve as employment and production hubs where office and light industrial uses are easily available. However, low to moderate density residential uses are encouraged within this place type to support the employment and production hubs. The subject parcel is located between established residential uses to the north and west that are classified as the General Residential place type and commercially -zoned land that accommodates automotive -related uses to the east classified as the Employment Center place type. As the subject site is located between these uses, this type of housing could be an appropriate infill and transitional development and support the commercial and industrial activity intended to be located within the employment center. The proposed rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because the project provides for the type of housing diversity that is recommended in the Employment Center place type, the residential densities are in line with those recommended within this place type, and the project will provide additional housing in close proximity to existing and future commercial development serving nearby residents. The Planning Board considered this application at their December 1, 2022 meeting. Eight members of the public spoke in opposition to the request citing concerns with drainage, traffic, and the condition of existing infrastructure. The Planning Board recommended approval of the petition (5-0) with an additional condition specifying that improvements will be made to the existing drainage system within NCDOT right-of-way for completion of infrastructure improvements for the development. The Planning Board found the application CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Employment Center place type and the residential densities are in line with those recommended for the property. The Planning Board also found recommending APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would benefit the community by providing diverse housing options in close proximity to existing employment centers. The proposal also provides a transition between adjacent neighborhoods to west and the commercial and industrial uses to the east and will provide additional housing in close proximity to existing and future commercial development in the Hightsville area. STRATEGIC PLAN ALIGNMENT: • Intelligent Growth & Economic Development 0 Encourage development of complete communities in the unincorporated county Board of Commissioners - January 9, 2023 ITEM: 17 ■ Ensure NHC has appropriate housing to support business growth RECOMMENDED MOTION AND REQUESTED ACTIONS: This portion of the Hightsville area of the county is positioned for future growth given the area's location along Castle Hayne Road, a minor arterial that connects the Wrightsboro commercial node to downtown Wilmington. This proposal is also in close proximity to the Airport Commerce Park employment center, and the proposal could serve as an appropriate infill development and a transition between the surrounding land uses. Because the proposal in line with the Comprehensive Plan recommendations for this area, is similar in form and density to other residential projects approved nearby, and may serve as a transitional buffer between the existing neighborhoods, existing commercial uses, and future commercial activity, staff concurs with the Planning Board's recommendation of approval of this application. In addition to the condition recommended by the Planning Board, staff also recommends two conditions offered by the applicant to address additional questions brought up at the Planning Board hearing and suggests the following motion with the proposed conditions: I move to APPROVE of the proposed rezoning to a (CZD) R-5 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Employment Center place type and the residential densities are in line with those recommended for the property. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would benefit the community by providing diverse housing options in close proximity to existing employment centers. The proposal also provides a transition between adjacent neighborhoods to the west and the commercial and industrial uses to the east and will provide additional housing in close proximity to existing and future commercial development in the Hightsville area. Proposed Conditions: 1. Improvements will be made to existing drainage system within NCDOT right-of-way for completion of infrastructure improvements for the development in accordance with the standards and requirements of NCDOT and New Hanover County Engineering. 2. If the right-of-way for public dedication on the site plan is not accepted as a public right-of-way by the NCDOT, then the owner shall establish a perpetual arrangement for maintenance of the same by the owner of said right-of-way, via deed restriction or the like. 3. Access to the mail kiosk shall meet all ADA and accessibility requirements, and one visiting parking space located in front of or in close proximity to the mail kiosk may be removed to accommodate this. Alternative Motion for Denial I move to DENY the proposed rezoning to a (CZD) R-5 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Employment Center place type and the residential densities are in line with those recommended for the property, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent neighborhoods. ATTACHMENTS: Z22-22 Script BOC Final Z22-22 Staff Report BOC Final Z22-22 - Zoning Z22-22 - FLUM Z22-22 - Mailout Board of Commissioners - January 9, 2023 ITEM: 17 Initial Application Co\,er Sheet Application Package PB Concept Plan Coker Sheet Brentwood Concept Plan Public Comments Coker Sheet Public Comments Opposition Materials Submitted at Planning Board Hearing Coker Sheet Brentwood Dr. Resident Petition Applicant Submitted Stormwater and Infrastructure Utility Connection Plan COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval with conditions as presented by staff. COMMISSIONERS' ACTIONS: Approved with conditions 5-0. Board of Commissioners - January 9, 2023 ITEM: 17 BOARD OF COMMISSIONERS SCRIPT for Zoning Map Amendment Application (Z22-22) Request by Samuel Franck with Ward and Smith, P.A., applicant, on behalf of Wilmington Development Group, Inc, property owner, to rezone approximately 7.63 acres of land located at 147 Brentwood Drive from R-15, Residential to (CZD) R-5, Residential for a quadraplex and triplex residential development. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant's presentation and supporter comments (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. Applicant's rebuttal (up to 5 minutes) e. Opponent's rebuttal (up to 5 minutes) f. Staff review of any additional conditions 3. Close the public hearing 4. Board discussion 5. Before we proceed with the vote, I would like to invite the applicant to the podium. Based on the Board discussion and items presented during the public hearing, would you like withdraw your petition or proceed with a vote? 6. Vote on the application. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why approval or denial of the rezoning request is reasonable and in the public interest. Example Motion for Approval I move to APPROVE the proposed rezoning to a (CZD) R-5 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project I provides for the types and mixture of uses recommended in the Employment Center place type and the residential densities are in -line with those recommended for the property. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would benefit the community by providing diverse housing options in close proximity to existing employment centers. The proposal also provides a transition between adjacent neighborhoods to west and the commercial and industrial uses to the east and will provide additional housing in close proximity to existing and future commercial development in the Hightsville area. Proposed Conditions: 1. Improvements will be made to existing drainage system within NCDOT right-of-way for completion of infrastructure improvements for the development in accordance with the standards and requirements of NCDOT and New Hanover County Engineering. Board of Commissioners - January 9, 2023 ITEM: 17- 1 - 1 2. If the right-of-way for public dedication on the site plan is not accepted as a public right- of-way by the NCDOT, then the owner shall establish a perpetual arrangement for maintenance of the same by the owner of said right-of-way, via deed restriction or the like. 3. Access to the mail kiosk shall meet all ADA and accessibility requirements, and one visiting parking space located in front of or in close proximity to the mail kiosk may be removed to accommodate this. Example Motion for Denial I move to DENY the proposed rezoning to a (CZD) R-5 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Employment Center place type and the residential densities are in -line with those recommended for the property, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent neighborhoods. Alternative Motion for Approval/Denial: I move to [Approve/Deny] the proposed rezoning to a conditional R-5 district. I find it to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] I also find [Approval/Denial] of the rezoning request is reasonable and in the public interest because [insert reasons] Board of Commissioners - January 9, 2023 ITEM: 17- 1 - 2 STAFF REPORT FOR Z22-22 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z22-22 Request: Rezone 7.63 acres to (CZD) R-5, Conditional Residential District Applicant: Property Owner(s): Ward and Smith, P.A., c/o Samuel B. Franck Wilmington Development Group, Inc. Location: Acreage: 147 Brentwood Drive 7.63 PID(s): Comp Plan Place Type: R041 10-005-008-000 Employment Center Existing Land Use: Proposed Land Use: Undeveloped 49-unit Single -Family Attached Residential Development Current Zoning: Proposed Zoning: R-15, Residential District (CZD) R-5, Conditional Residential District SURROUNDING AREA LAND USE ZONING North Single -Family Residential R-15 East Commercial Uses B-2 South Single -Family Residential R-15 West Single -Family Residential R-15 Z22-22 Staff Report BOC 1.9.2023 Page 1 of 18 Board of Commissioners - January 9, 2023 ITEM: 17- 2 - 1 �1 W6*1 a � III I, I V .IY� � F7 i A • x.' ZONING HISTORY July 1, 1972 Initially zoned R-15 (Area 9A) COMMUNITY SERVICES Water and sewer services are not available through CFPUA; mainline Water/Sewer extension would be required before the parcel could be served. The applicant has indicated that necessary infrastructure will be installed to deliver water and sewer to the subject site. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Wrightsboro Station Schools Wrightsboro Elementary, Holly Shelter Middle, and New Hanover High Schools Recreation Cape Fear Optimist Park, Blue Clay Bike Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Z22-22 Staff Report BOC 1.9.2023 Page 2 of 18 Board of Commissioners - January 9, 2023 ITEM: 17- 2 - 2 APPLICANT'S PROPOSED CONCEPTUAL PLAN Proposed Site Plan with Staff Markups • The applicant is proposing to rezone 7.63 acres to (CZD) R-5 to construct a 49-unit single- family attached development with a maximum density of 6.41 units per acre. The proposed plan also includes stormwater management controls and open space amenities. • The proposed development consists of 3 triplex and 10 quadraplex buildings on the parcel, which is located between existing single-family dwellings along Glendale Drive to the north and Brentwood Drive to the west and south. Businesses fronting Castle Hayne Road border the property to the east. • The proposal would be accessed by a drive in the southeastern corner of the site, connecting the development to Brentwood Drive. A gated access for EMS has been proposed in the southwestern corner of the site. • The development's proposed method of stormwater management will be two wet detention ponds, one located along the southern boundary of the parcel and one located towards the northeastern corner. • A 20' perimeter setback containing a Type A opaque Buffer is indicated along the northern and southern boundaries of the project adjacent to property zoned or developed as R-15, Residential Districts. The opaque buffer is not delineated within the area designated as open space. Z22-22 Staff Report BOC 1.9.2023 Page 3 of 18 Board of Commissioners - January 9, 2023 ITEM: 17- 2 - 3 ZONING CONSIDERATIONS • The R-15 district in this area was established in 1972. At the time, the purpose of the R-15 district was to ensure that housing served by private septic and wells would be developed at low densities. Since that time, water and sewer services have begun to become available to nearby larger developments. However, the general area remains primarily zoned for low density housing with business and industrial uses located along Castle Hayne Road. • As currently zoned, the site would be permitted a maximum of 19 single-family dwelling units under the performance development standards, at a density of 2.5 du/acre. • The purpose of the R-5, Residential District is to provide lands that accommodate moderate to high density single-family detached and single-family attached development. • The proposed 49-unit development equates to a density of 6.41 units per acre. The R-5 district allows up to 8 units per acre by -right. • A Type -A opaque buffer will be required between the single-family residential uses and the proposed development. • Currently, water and sewer are not available to the subject site. A mainline extension would be required before the parcel could be developed as proposed. The applicant has indicated that necessary infrastructure will be installed to deliver water and sewer to the subject site. • If approved, the project would be subject to Technical Review Committee and Zoning Compliance review processes to ensure full compliance with all ordinance requirements and specific conditions included in the approval. Only minor deviations from the approved conceptual plan, as defined by the UDO, would be allowed. Z22-22 Staff Report BOC 1.9.2023 Page 4 of 18 Board of Commissioners - January 9, 2023 ITEM: 17- 2 - 4 AREA SUBDIVISIONS UNDER DEVELOPMENT Z22-22 Staff Report BOC 1.9.2023 Page 5 of 18 Board of Commissioners - January 9, 2023 ITEM: 17- 2 - 5 TRANSPORTATION Site Access Porest1anetia N victoria_ Drive 0 a� a 0 am � ors G/ n \Xet Site m .Road Presep V� GOCdori On A ewe Primary Access: Brentwood Drive via Castle Hayne Road i • Access is proposed to be provided to the subject property from Brentwood Drive to the south, which is an NCDOT-maintained minor roadway. A gated access for EMS has been proposed in the southwestern corner of the parcel that would connect to Brentwood Drive. • As currently zoned, it is estimated the site would generate about 16 AM and 21 PM trips during the peak hours if developed at the permitted density of 19 single-family dwellings. The proposed R-5 development would increase the estimated number of peak hour trips by approximately 4 AM peak hour and 4 PM peak hour trips. • The estimated traffic generated from the site is under the 100 peak hour threshold that triggers the ordinance requirement for a Traffic Impact Analysis (TIA). Z22-22 Staff Report BOC 1 .9.2023 Page 6 of 18 Board of Commissioners - January 9, 2023 ITEM: 17- 2 - 6 Intensity Approx. Peak Hour Trips Existing Development: Undeveloped 0 AM / 0 PM Typical Development under Current Zoning 19 Single -Family Dwellings 16 AM / 21 PM (ITE Code 210): Proposed Development: Single-family Attached 49 Single-family Attached 20 AM / 25 PM (ITE Code 215): Dwelling Units • Because a TIA is not required to analyze transportation impacts at this time, Staff has provided the volume to capacity ratio for the adjacent roadway near the subject site. While volume to capacity ratio, based on average daily trips, can provide a general idea of the function of adjacent roadways, the delay vehicles take in seconds to pass through intersections is generally considered a more effective measure when determining the Level of Service of a roadway. NCDOT Average Annual Daily Traffic (AADT) — 2021 Road Location Volume Capacity V/C LOS Castle Hayne Between Division Drive & 12,500 16,804 0.74 C Road Gordon Road • NCDOT's Annual Average Daily Traffic (AADT) is the total volume of vehicle traffic on a section of a road, in both directions, for a year divided by 365 days. It is intended to estimate, with as little bias as possible, the mean traffic volume across all days for a year for a given location. • The Wilmington MPO also gathers independent traffic counts in the county at various dates and locations throughout the year. These counts are not adjusted or averages but instead represents all traffic over a 24-hour interval on the designated date and represent a specific snapshot in time of traffic for an area. WMPO Average Daily Traffic (ADT) — 8/9/2021 Road Location Volume Capacity V/C LOS Castle Hayne Between Division Drive & 17,234 16,803 1.03 F Road Gordon Road • Before any development can occur on this site, the Technical Review Committee will review all plans for compliance with applicable land use regulations, including any recommended roadway improvement required through the NCDOT driveway permitting process. Z22-22 Staff Report BOC 1.9.2023 Page 7 of 18 Board of Commissioners - January 9, 2023 ITEM: 17- 2 - 7 Nearby Planned Transportation Improvements and Traffic Impact Analyses r �r��iw�iirr. %-IF in 'infifr� V ■ .. �i�rliilliiiiuriil i��'��r�: l�rr��li► �u,, l►r,�, ��q�►�p�i�� . ffllff,►,r,r,ir� /Il�jy ♦I��11� ��(I �7 rlrrrllrllr '� /i�frrrr � ll�I1 •. rlr�ra flnr�� . rrrnrr■,n Inner � r �rlrr!!r!!lrrrWirrrrirrlr /lllllplhi r` r � iil • n� ♦ � 'r' 1♦ :� i ai STIP Project •M� . ■1rNr111 TIA Nearby NC STIP Projects: • STIP Project U-5863 o Project to widen Castle Hayne Road into multi -lanes from 1-140 to Division Drive. Right -of -Way acquisition and Utilities is currently scheduled to take place in FY 2025 and construction to begin after 2029. Z22-22 Staff Report BOC 1.9.2023 Page 8 of 18 Board of Commissioners - January 9, 2023 ITEM: 17- 2 - 8 Nearby Traffic Impact Analyses: Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards. Approved analyses will expire if the proposed development is not completed by the build out date established within the TIA. Proposed Development Land Use/Intensity TIA Status Phase 1 • 123 single-family dwellings • 27 multi -family dwellings Full Build 123 single-family . Approved August 21, 2019 1. Preservation dwellings Point Phase 1 — 2022 Build Out • 27 multi -family dwellings Year • 5,000 sf of day care 0 2023 Full Build Out Year • 3,000 sf of high -turnover sit-down restaurant • 2,000 sf of coffee/donut shop with drive-thru • Small office building with 20 employees The TIA required improvements must be completed at certain intersections in the area. The notable improvements consisted of: • Phase 1 : Construct a driveway at the entrance of the subject site and Castle Hayne Road that has one ingress and two egress lanes, with one continuous eastbound left turn lane, and construct a right turn lane to exit the site. Install a stop control at the entrance of the subject site and Castle Hayne Road. • Full Build: Construct a right turn lane at the intersection of Castle Hayne Road and Division Drive. Nearby Proposed Developments included within the TIA: • None Development Status: The developer is currently in the process of constructing the Phase 1 required roadway improvements. A total of 123 lots have been platted, and site work is currently underway. Z22-22 Staff Report BOC 1 .9.2023 Page 9 of 18 Board of Commissioners - January 9, 2023 ITEM: 17- 2 - 9 ENVIRONMENTAL • The property does not contain any Special Flood Hazard Areas or Natural Heritage Areas. • The property is within the Smith Creek watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class I (suitable/slight limitations for septic suitability), Class II (moderate limitations for septic suitability), and Class III (severe limitations for septic suitability). • Currently, infrastructure does not exist to be served by CFPUA. A mainline extension would be required before the parcel could be served. The applicant has indicated that necessary infrastructure will be installed to deliver water and sewer to the subject site. OTHER CONSIDERATIONS SCHOOLS • Students living in the proposed development would be assigned to Wrightsboro Elementary, Holly Shelter Middle, and New Hanover High Schools. Students may apply to attend public magnet, year-round elementary, or specialty high schools. • A maximum of 19 dwelling units would be permitted under the current R-15 zoning base density, and 49 units could potentially be developed under the proposed zoning for an increase of 30 dwelling units. Based on a generalized historic generation rate*, staff would estimate that the increase in homes would result in approximately 7 additional students than would be generated under current zoning. The general student generation rate provides only an estimate of anticipated student yield as different forms of housing at different price points yield different numbers of students. Over the past four years, staff has also seen a decline in the number of students generated by new development. Student numbers remained relatively stable between 2015 and 2020 (excepting the impacts of the COVID-19 pandemic), while 14,500 new residential units were permitted across the county. In addition, the student population is anticipated to only grow by approximately 1,300 students over the next 10 years based on the most recent New Hanover County Schools Facility Needs Study. Z22-22 Staff Report BOC 1 .9.2023 Page 10 of 18 Board of Commissioners - January 9, 2023 ITEM: 17- 2 - 10 Development Type Intensity Estimated Student Yield (current general student generation rate) Existing Development Undeveloped Approximate** Total: 0 (0 elementary, 0 middle, 0 high) Typical Development ** Approximate Total: 4 Under Current Zoning 19 Residential Units (2 elementary, 1 middle, 1 high) (R-15) Proposed (CZD) R-5 49 Residential Units Approximate** Total: 1 1 Zoning (4 elementary, 2 middle, 3 high) *The current general student generation rate was calculated by dividing the projected New Hanover County public school student enrollment for the 2022-2023 school year by the number of dwelling units in the county. Currently, there are an average of 0.22 public school students (0.09 for elementary, 0.05 for middle, and 0.08 for high) generated per dwelling unit across New Hanover County. These numbers are updated annually and include students attending out -of -district specialty schools, such as year-round elementary schools, Isaac Bear, and SeaTech. **Because the student generation rate often results in fractional numbers, all approximate student generation yields with a fraction of 0.5 or higher are rounded up to a whole number and yields with a fraction of less than 0.5 are rounded down. This may result in student numbers at the elementary, middle, and high school levels not equaling the approximate total. Staff has provided information on existing school capacity to provide a general idea of the potential impact on public schools, but these numbers do not reflect any future capacity upgrades. School Enrollment* and Capacity** (2022-2023 School Year) Total Enrollment of Capacity of Capacity of Funded or Level NHC School Assigned Assigned Assigned Planned Capacity School School School Capacity w/Portables Upgrades Elementary 91 % Wrightsboro 469 541 87% None Middle 92% Holly Shelter 851 991 86% None High 106% New 1,467 1,678 87% None Hanover *Enrollment is based on the New Hanover County Schools student numbers for the 2022-2023 school year. **Capacity calculations were determined based on the capacities for the 2022-2023 school year, and funded or planned capacity upgrades were those included in the Facility Needs Study presented by New Hanover County Schools to the Board of Education in January 2021. This information does not take into account flexible scheduling that may be available in high school settings, which can reduce the portion of the student body on campus at any one time. The 2021 facility needs survey prepared by Schools staff indicates that, based on NC Department of Public Instruction (DPI) student growth projections and school capacity data, planned facility upgrades, combined with changes to student enrollment patterns, will result in adequate capacity district wide over the next ten years if facility upgrades are funded. Z22-22 Staff Report BOC 1.9.2023 Page 11 of 18 Board of Commissioners - January 9, 2023 ITEM: 17- 2 - 11 NEW HANOVER COUNTY STRATEGIC PLAN • One of the goals of the New Hanover County Strategic Plan for 201 8-2023 is to encourage the development of complete communities in the unincorporated county by increasing housing diversity and access to basic goods and services. • The proposed R-5 CZD zoning district would allow for an increase in housing diversity and would allow those residents to utilize existing goods and services within one mile of the subject property. • The predominant housing type in the area is single family detached at 89%. Under the proposed R-5 district the site would allow for single family attached residential (townhomes) and increase housing type diversity by reducing the percentage of single family detached (89% to 87%) and increase the percentage of single family attached units (1 % to 3%). • The subject property is located in the Wrightsboro community area, where 61.8% of residents currently live within one -mile of a support service (urgent care, primary doctor's office, child & adult care, etc.). The proposed project would increase the number of residences within one -mile of a support service (61 .8% to 62.4%). Z22-22 Staff Report BOC 1 .9.2023 Page 12 of 18 Board of Commissioners - January 9, 2023 ITEM: 17- 2 - 12 REPRESENTATIVE DEVELOPMENTS Representative Developments of R-15: Clay Crossing Page's Corner Z22-22 Staff Report BOC 1 .9.2023 Page 13 of 18 Board of Commissioners - January 9, 2023 ITEM: 17- 2 - 13 Representative Developments of R-5: Wrightsville Place Leeward Village Z22-22 Staff Report BOC 1 .9.2023 Page 14 of 18 Board of Commissioners - January 9, 2023 ITEM: 17- 2 - 14 Context and Compatibility • While the area was zoned for low density housing in the mid 1970's, this general area has seen residential developments of higher densities and different housing types being established recently than those historically found within the existing zoning district. • The subject property is located on a NCDOT maintained local road that only connects to Castle Hayne Road, a NCDOT maintained minor arterial road. • The proposed developed is located between downtown Wilmington and the Wrightsboro commercial node. • The property abuts residentially zoned property to the north, south, and west, and B-2 zoned parcels to the east that currently accommodate commercial uses. • As the property is located between established, lower -density single-family residences and commercial uses fronting Castle Hayne Road, a minor arterial road, the proposal could serve as transition between these uses. • The subject site is located in close proximity to employment centers, namely the Airport Commerce Park, and industrial uses along Castle Hayne Road towards downtown Wilmington. As such, the project could serve as an appropriate infill project providing different housing options in close proximity to concentrated employment areas. • The proposal is at an overall density higher than that of the adjacent residential land uses. However, there are performance residential developments nearby, including Hanover Lakes and Windy Woods, that contain single-family dwelling units on lots smaller than 5,500 square feet. • Type A, opaque buffers have been indicated on the site plan abutting residential lots on the northern and southern boundaries of the subject site. 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 COMMERCE ZONE EMPLOYMENT CENTER GENERAL RESIDENTIAL L URBAN MIXED USE COMMUNITY MIXED USE CONSERVATION Cases selection Z22-22 Staff Report BOC 1 .9.2023 Z22-08 Page 15 of 18 Board of Commissioners - January 9, 2023 ITEM: 17- 2 - 15 Future Land Use Employment Center Map Place Type Serves as an employment and production hub where office and light Place Type industrial uses predominate. It can also include residential, civic, and Description recreational uses, but should be clearly delineated from rural and conservation areas. Commercial uses designed to serve the needs of the employment center are appropriate. The subject property is located in the northern portion of the county along a minor arterial road, Castle Hayne Road, in between the Wrightsboro neighborhood commercial node and downtown Wilmington. The subject parcel is approximately less than one mile from commercial services available at both the Airport Commerce employment center to the east and less than two miles from the Wrightsboro commercial node to the north. The site is located between existing single-family residences on the north, south, and west. Residential developments that have been approved nearby include Preservation Point, Hanover Lakes, and Windy Woods, which all are performance developments and have lot sizes similar to that of R-5 standards. The Comprehensive Plan classifies the subject parcel as Employment Center. Employment Center place types are generally applied in areas like this that are intended to serve as employment and production hubs where office and Analysis light industrial uses are easily available. However, low to moderate density residential uses are encouraged within this place type to support the employment and production hubs. The subject parcel is located between established residential uses to the north and west that are classified as the General Residential place type and commercially -zoned land that accommodates automotive -related uses to the east classified as the Employment Center place type. As the subject site is located between these uses, this type of housing could be an appropriate infill and transitional development and support the commercial and industrial activity intended to be located within the employment center. In addition, the project is in line with the preferred density range for residential uses with the Employment Center place type, promotes the mixture of uses recommended within the Employment Center place type, and supports the Comprehensive Plan's goal to provide for a range of housing types and opportunities for households of different sizes and income. The proposed rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because the project provides for the type of housing Consistency diversity that is recommended in the Employment Center place type, the Recommendation residential densities are in -line with those recommended within this place type, and the project will provide additional housing in close proximity to existing and future commercial development serving nearby residents. Z22-22 Staff Report BOC 1 .9.2023 Page 16 of 18 Board of Commissioners - January 9, 2023 ITEM: 17- 2 - 16 PLANNING BOARD MEETING The Planning Board considered this application at their December 1, 2022 meeting. Eight individuals spoke in opposition to the request. Based on comments and feedback received during the hearing, the applicant has agreed to a condition regarding the stormwater infrastructure from Preservation Point to the subject site along Brentwood Drive. The Planning Board recommended approval of the petition (5-0) with the following condition: 1. Improvements will be made to existing drainage system within NCDOT right- of-way for completion of infrastructure improvements for the development in accordance with the standards and requirements of NCDOT and New Hanover County Engineering. 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 and mixture of uses recommended in the Employment Center place type and the residential densities are in -line with those recommended for the property. The Planning Board also found APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would benefit the community by providing diverse housing options in close proximity to existing employment centers. The proposal also provides a transition between adjacent neighborhoods to west and the commercial and industrial uses to the east and will provide additional housing in close proximity to existing and future commercial development in the Hightsville area. Z22-22 Staff Report BOC 1 .9.2023 Page 17 of 18 Board of Commissioners - January 9, 2023 ITEM: 17- 2 - 17 STAFF RECOMMENDATION This portion of the Hightsville area of the county is positioned for future growth given the area's location along Castle Hayne Road, a minor arterial that connects the Wrightsboro commercial node to downtown Wilmington. This proposal is also in close proximity to the Airport Commerce Park employment center, and the proposal could serve as an appropriate infill development and a transition between the surrounding land uses. Because the proposal in line with the Comprehensive Plan recommendations for this area, is similar in form and density to other residential projects approved nearby, and may serve as a transitional buffer between the existing neighborhoods, existing commercial uses, and future commercial activity, staff concurs with the Planning Board's recommendation of approval of this application. In addition to the condition recommended by the Planning Board, staff also recommends two conditions offered by the applicant to address additional questions brought up at the Planning Board hearing and suggests the following motion with the proposed conditions: I move to APPROVE the proposed rezoning to a (CZD) R-5 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Employment Center place type and the residential densities are in -line with those recommended for the property. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal would benefit the community by providing diverse housing options in close proximity to existing employment centers. The proposal also provides a transition between adjacent neighborhoods to west and the commercial and industrial uses to the east and will provide additional housing in close proximity to existing and future commercial development in the Hightsville area. Proposed Conditions: 1. Improvements will be made to existing drainage system within NCDOT right- of-way for completion of infrastructure improvements for the development in accordance with the standards and requirements of NCDOT and New Hanover County Engineering. 2. If the right-of-way for public dedication on the site plan is not accepted as a public right-of-way by the NCDOT, then the owner shall establish a perpetual arrangement for maintenance of the same by the owner of said right-of-way, via deed restriction or the like. 3. Access to the mail kiosk shall meet all ADA and accessibility requirements, and one visiting parking space located in front of or in close proximity to the mail kiosk may be removed to accommodate this. Alternative Motion for Denial I move to DENY the proposed rezoning to a (CZD) R-5 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Employment Center place type and the residential densities are in -line with those recommended for the property, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent neighborhoods. Z22-22 Staff Report BOC 1.9.2023 Page 18 of 18 Board of Commissioners - January 9, 2023 ITEM: 17- 2 - 18 Case: Site Address: Z22-22 147 Brentwood Drive CDFLAG CZD ZONING 0 B-1 B-2 O&I 0 AC I-2 0 R-15 Cases selection Existing Zoning/Use: R-15 Proposed Zoning/Use: CZD R-5 Board o Com s ners - January 9, 20 ITE - 3 1aims Ln N A* � KraUsse*�� 0 150 300 600 US Fee I i I i I rnco- Site Address: Z22-22 147 Brentwood Drive Existing Zoning/Use: onin_ /q Use: R-15 Proposed Zoning/Use: CZD R-5 Ln N A* COMMERCE ZONE EMPLOYMENT CENTER GENERAL RESIDENTIAL URBAN MIXED USE - COMMUNITY MIXED USE - CONSERVATION Cases selection Board o Com s ners - January 9, 200 300 600 US Fee ITE - 4- 1 �a� I i 1 1 I Case: Site Address: ExistingZoning/Use: onin Use: Proposed Zoning/Use: N Z22-22 147 Brentwood Drive R-15 CZD R-5 Victoria. Dr �q. s G/ a, eo r y V� to�SJ`e ire GOV O(N Ar r Oh AO • L i d D K,,U55e o Bo of Co msioners - January 9, 2;0 0 250 500 US Feet 1 .17-5-1 1 1 1 i I Initial Application Documents & Materials Board of Commissioners - January 9, 2023 ITEM: 17- 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 1 0.3.3 of the Unified Development Ordinance. �ptio Pre-Appkicaiion Conlerence 1. Applicant and Property Owner Information Applicant/Agent Name Owner Name (if different from Applicant/Agent) Ward and Smith, P.A., c/o Samuel B. Franck Wilmington Development Group, Inc. Company Company/Owner Name 2 Address Address 127 Racine Drive 302 North Lumina Avenue City, State, Zip City, State, Zip Wilmington, NC 28403 Wrightsville Beach, NC 28480-2822 Phone Phone (910)794-4835 (910)233-0406 Email Email sbf@wardandsmith.com robert@thehivewilmington.com Page 1 of 6 Board of Commissioners - FamA"l2Z2$ng District Application — Updated 02-2022 ITEM: 17- 7 - 1 2. Subject Property Information Address/Location Parcel Identification Number(s) 147 Brentwood Drive, Wilmington, NC 28401 R04110-005-008-000 Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification 7.63 acres, more or less R-15Nacant Employment Center 3. Proposed Zoning, Use(s), & Narrative Proposed Conditional Zoning District: CZ-R-5 ( Total Acreage of Proposed District:7.63 acres, more or less Please list the uses that will be allowed within the proposed Conditional Zoning District, the purpose of the district, and a project narrative (attach additional pages if necessary). Note: Only uses permitted in the corresponding General Use District are eligible for consideration within a Conditional Zoning District. See Exhibit A, attached. 4. Proposed Condition(s) Note: Within a Conditional Zoning District, additional conditions and requirements which represent greater restrictions on the development and use of the property than the corresponding general use district regulations may be added. These conditions may assist in mitigating the impacts the proposed development may have on the surrounding community. Please list any conditions proposed to be placed on the Conditional Zoning District below. Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process. A development consistent with the Concept Plan attached hereto as Exhibit E. Page 2 of 6 Board of Commissioners - ,Q@vmtla"I2Z(28ng District Application — Updated 02-2022 ITEM: 17- 7 - 2 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: ITE 221 Trip Generation Use and Variable (gross floor area, dwelling units, etc.) Multifamily Housing Mid -Rise; 49 Units AM Peak Hour Trips: 10 PM Peak Hour Trips: 19 6. Conditional Zoning District Considerations The Conditional Zoning District procedure is established to address situations where a particular land use would be consistent with the New Hanover County 2016 Comprehensive Plan and the objectives outlined in the Unified Development Ordinance and where only a specific use or uses is proposed. The procedure is intended primarily for use with transitions between zoning districts of dissimilar character where a particular use or uses, with restrictive conditions to safeguard adjacent land uses, can create a more orderly transition benefiting all affected parties and the community at -large. The applicant must explain, with reference to attached plans (where applicable), how the proposed Conditional Zoning district meets the following criteria. 1. How would the requested change be consistent with the County's policies for growth and development, as described in the 2016 Comprehensive Plan, applicable small area plans, etc. See Exhibit A, attached. Page 3of6 Board of Commissioners - .Qau ifs0912WOng District Application — Updated 02-2022 ITEM: 17- 7 - 3 2. How would the requested Conditional Zoning district be consistent with the property's classification on the 2016 Comprehensive Plan's Future Land Use Map. See Exhibit A, attached. 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? See Exhibit A, attached. Page 4 of 6 Board of Commissioners - Mow:htO@gl2Dar3ng District Application — Updated 02-2022 ITEM: 17- 7 - 4 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: See Exhibit C, attached. • $600 for 5 acres or less • $700 for more than 5 acres • $300 in addition to base fee for applications requiring TRC review ❑x Community meeting written summary See Exhibit D, attached. ❑ Traffic impact analysis (if applicable) N/A • 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. ® Legal description (by metes and bounds) or recorded survey Map Book and Page Reference of the property requested for rezoning See Exhibit B, attached. ❑x Conceptual Plan including the following minimum elements: See Exhibit E, attached. 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. Applican itial C- _4. �.4 tr • 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 ® 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. ® One (1) digital PDF copy of ALL documents AND plans Page 5of6 Board of Commissioners - Sa n_4rbtiDi!9?12Z; t*g District Application — Updated 02-2022 ITEM: 17- 7 - 5 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. 1 Robert Rosenberg, President of Wilmington Development Group, Inc. Signature of Property Owner(s) Print Name(s) Samuel B. Franck Signature of Applicant/Agent Print Name Note: This form must be signed by the owner(s) of record. If there are multiple property owners, a signature is required for each owner of record. If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will be calendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. Page 6of6 Board of Commissioners - m rht�p@9 t2gng District Application — Updated 02-2022 ITEM: 17- 7 - 6 Print Form NEW HANOVER COUNTY f ' PLANNING & LAND USE AUTHORITY FOR APPOINTMENT OF AGENT 230 Government Center Drive Suite 110 Wilmington, NC 28403 910-798-7165 phone 910-798-7053 fax www.nhcgov.com Please note that for quasi-judicial proceedings, either the land owner or an attorney must be present for the case at the public hearing. The undersigned owner does hereby appoint an authorized the agent described herein as their exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and/or an appeal of Staff decisions applicable to the property described in the attached petition. The Agent is hereby authorized to, on behalf of the property owner: 1. Submit a proper petition and the required supplemental information and materials 2. Appeal at public meetings to give representation and commitments on behalf of the property owner 3. Act on the property owner's behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning Ordinance. Agent Information Property Owner(s) Subject Property Name Owner Name Address c/o Samuel B. Franck Wilmington Development Group, Inc. 147 Brentwood Drive Company Owner Name 2 City, State, Zip Ward and Smith P.A. Wilmington, NC 28401 Address Address Parcel ID 127 Racine Drive 302 North Lumina Avenue R04110-005-008-000 City, State, Zip City, State, Zip Wilmington, NC 28403 Wrightsville Beach, NC 28480-2822 Phone Phone (910) 794-4835 (910) 233-0406 Email Email sbf@wardandsmith.com rbert@thehivewilmington.com Application Case Number Reference: Date/Time received: Received by: 1 st This document was willfully executed on the Robert Rosenberg President, Wilmington Development Group, Inc. October day of 22 20_ Board of Commissioners - January 9, 2023 09;14 ITEM: 17- 7 - 7 Exhibit A Narrative Answers to Application Section 3 Proposed Zoning, Use, and Narrative: The purpose of the R-5 district is to allow for moderate to high density, compact residential development that can act as a transition between lower density residential areas and commercial development areas. Consistent with the proposed district, this rezoning will allow for the development of a first-class multi -family housing option consisting of townhouse units and ancillary common areas. The uses allowed on the parcel will include triplex and quadraplex residential lots. The proposed project, nestled between the existing B-2 zoned land on Castle Hayne Road to the east, and lower density residential land to the west, will create forty- nine (49) new luxurious townhouse units allocated among thirteen (13) lots on the approximately 7.63-acre tract. The townhouses will be situated in a mixture of triplex and quadraplex formations and located along a new private drive. Additionally, the project will establish a number of large open space areas with stormwater management controls, an attractive sidewalk for pedestrian access, and scenic landscaping. The proposed parking accommodations include two (2) spaces per unit, as well as overflow parking areas. After consultation with New Hanover County Planning Department and in response to discussions with adjacent homeowners, the applicant altered a number of items on the proposed Concept Plan, said alterations being further explained in Exhibit D to this Application. Additionally, the applicant currently intends to develop the project as a performance residential development in accordance with the Concept Plan attached as Exhibit E to this Application. Section 4 Conditional Zoning District Considerations: 1. How would the requested change be consistent with the Count policies for growth and development, as described in the 2016 Comprehensive Plan applicable small area plans, etc.? The proposed project is squarely in line with the 2016 Comprehensive Plan's ("Comprehensive Plan") interwoven equity theme as it will increase the range of housing types, opportunities, and choices within the County. The development will bring a unique housing option to this area, thereby increasing the diversity of housing options within the County as a whole. The project will also provide County residents with the opportunity to live in a non-traditional housing development, which fosters inclusivity for those residents who are not interested in, or cannot afford, the more traditional detached single-family house. Board of Commissioners - January 9, 2023 ITEM: 17- 7 - 8 The project is also consistent with the resilient economy theme promoted by the Comprehensive Plan. The development will help to revitalize and redevelop an under-utilized parcel of land. As it currently sits, this parcel is mostly vacant and undeveloped, which is a testament to the inefficiency of the current zoning designation. Granting this conditional rezoning application will promote a more efficient use of the land. Moreover, as encouraged by the resilient economy theme of the Comprehensive Plan, this proposal will create a unique space that attracts individuals and companies to the area. The site is perfectly poised to offer housing options to employees working at nearby commercial and industrial parcels. Consistent with the site's location, the project will locate an organically more affordable housing option near adjacent employment uses, thereby potentially decreasing the distance employees will have to travel to and from work. In line with the resilient economy and interwoven equity themes of the Comprehensive Plan, the proposed development will also bring new infrastructure improvements to the area. As it currently sits, the vacant site does not contain stormwater controls. Whereas, the proposed development will include applicable stormwater improvements and other infrastructure improvements that are currently lacking on the site. Additionally, consistent with the livable built environment theme, the proposed project will strengthen a residential area and will encourage safe, walkable communities. The proposed project boasts relatively compact housing units, common open space areas, and the addition of a sidewalk, all of which will increase pedestrian connectivity and encourage residents to enjoy the offered green space. 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 2016 Comprehensive Plan's Future Land Use Map ("Future Land Use Map") recommends an employment center place type for the future use of this property. This place type encourages a mix of uses, including moderate density residential developments. In line with these encouraged uses, the proposed project will create a moderate density, multi -family residential development consisting of approximately 6.7 units per acre. The proposed moderate density development will also create a smooth transition between the expected adjacent future uses. The Future Land Use Map proposes a future use of residential place type for the parcels located immediately to the northwest of this property. Further, the Future Land Use 2 Board of Commissioners - January 9, 2023 ITEM: 17- 7 - 9 Map recommends employment uses directly to the south of the development and community mixed use place type to the northeast. Accordingly, in line with the proposed uses of the surrounding area, this project will act as a transition between more commercial and industrial uses to the south and northeast and the low density residential uses to the northwest. Consistent with such a transitional area, the proposed density for this project is well below the maximum eight (8) units per acre allowed in the R-5 district. 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? Given the expected future use of this area of the County as an employment center place type, the current low density zoning designation for the subject property is inappropriate. The R-15 zoning district encourages very low density, expensive, and acreage dependent development that is largely located around other low density residential areas. Whereas, the expected future use of the site as an employment center encourages more moderate density residential development. Additionally, the current zoning designation is inappropriate given the large amount of area directly south of the site that is expected to be future employment center place type. Future adjacent uses could include commercial, office, or industrial development that would stand in stark contrast to the current R-15 zoning designation. However, consistent with the encouraged future use of the site, the proposed project will create a moderate density development that will act as a natural transition between northwestern low density residential development and expected southern commercial, office or industrial uses. Moreover, current market conditions encourage increasing the diversity of housing options through the development of unique multi -family housing projects. This multi -family housing development will help New Hanover County meet the increasing demand for additional, more affordable housing options. ND:4883-8359-0454, v. 2 3 Board of Commissioners - January 9, 2023 ITEM: 17- 7 - 10 Exhibit B Legal Description All of that certain lot or parcel of land located in New Hanover County, State of North Carolina, and being more particularly described as follows: BEING all of Lot 2R, containing a recombined acreage of 332365.95 SF or 7.630 AC, more or less, as shown on that map entitled "Recombination Survey For: Brock and Kern" dated August 31, 2017, prepared by Gary Wayne Keyes, PLS of Gary W. Keyes Land Surveying, P.C. and recorded in Map Book 63, Page 297 in the office of the Register of Deeds of New Hanover County, reference to which is hereby made for a more complete description. ND:4863-7039-0070, v. 1 Board of Commissioners - January 9, 2023 ITEM: 17- 7 - 11 ND:4874-4603-2694, v. 1 Exhibit C Application Fee [Attached] Attachment Redacted by Planning Staff Board of Commissioners - January 9, 2023 ITEM: 17- 7 - 12 Exhibit D Community Information Meeting Notice and Summary ND:4859-3896-6838, v. 1 [Attached] Board of Commissioners - January 9, 2023 ITEM: 17- 7 - 13 147 Brentwood Drive, LLC 302 Lumina Ave N Wrightsville Beach, NC 28480 Phone: (910) 233-0406 Email: robert@thehivewilmington.com September 22, 2022 COMMUNITY INFORMATION MEETING NOTICE Conditional Rezoning Request Re: 147 Brentwood Dr Wilmington, NC 28401 (New Hanover County Tax Parcel ID R04110-005-008-000) Dear Property Owner, This is a notice for a community information meeting for Conditional Rezoning. The subject property zoned R-15 is approximately 7.64 acres and is located at 147 Brentwood Drive in Wilmington and is identified by the New Hanover County Tax Parcel ID listed above. A parcel map of the area with the subject property outlined in turquoise is attached to this notice as Exhibit A. The new proposed zoning is R-5 for a townhouse development and the conceptual land plan is attached to this notice as Exhibit B. The meeting will be held at 3pm on October 2, 2022 at 216 N. Front Street Wilmington, NC. For further information, or if you are unable to attend the community information meeting and have any questions, comments or concerns, you may email Robert Rosenberg at robert(@thehivewilminoton.com or the developers will gladly speak or meet with you individually at your convenience. Sincerely, Robert Rosenberg Board of Commissioners - January 9, 2023 ITEM: 17- 7 - 14 EXHIBIT A Find A Parcel •.l' 141 ' �R' �"_. -�P- - • •� ': Gam" �.L^ •� . •�� • *tee • q ..' � � . • " • . � � •'� . • • • • • 9/20/2022. 3:52,26 PM 1:2,000 • Property Owners MOJ Roads Dimensions ROW 0 003 005 0.1m, ■ Addresses - Menidpal Boundaries Dimensions Property 0 ana o.w 0.15k Roads —. Px 1 Boundaries merry K,a,.�nn,�,, mo y ue. „amry Gary �+c Board of Commissioners - January 9, 2023 ITEM: 17- 7 - 15 EXHIBIT B r a 4 # S PROJECT ° � � � U THE HIVE AWAY g Y t 147 BRENTWOOD DRIVE & Q % WILMINGTON, NC 5 '� CONDITIONAL REZONING Board of Commissioners - January 9, 2023 ITEM: 17- 7 - 16 Community Information Meeting Summary 147 Brentwood Drive DATE/TIME/LOCATION The Community Information Meeting was conducted by the applicant at 3pm on October 2, 2022 at 216 N. Front Street, Wilmington, NC. The applicant's attendees included Kaylie O'Connor (agent of applicant), Robert Rosenberg (agent of applicant), and Josh Mihaly (applicant's designer). ATTENDEES Cammie Murray - 146 Brentwood Dr Kay Sharpies - 138 Victoria Dr* Esther Salden - 146 Brentwood Dr* Wayne Salden - 146 Brentwood Dr* Janie Anderson - 112 Glendale Dr Blue Eye Investments - 2026 Lynnwood Dr Christopher Brock - 127 Brentwood Dr Sherrie Culbreth - 131 Brentwood Dr Dean Culbreth - 131 Brentwood Dr Alexander Emerson - 116 Glendale Dr Suzanne Keenan - 3665 Sandpiper Rd Anthony Divincenzo - 142 Brentwood Dr* Karen Divincenzo - 142 Brentwood Dr* Julia Jewel - 304 Palmetto Rd* Katie Meyer - 202 Palmetto Rd* Josh Meyer - 202 Palmetto Rd* Dale Spencer - 135 Brentwood Dr Scarlett Spencer - 137 Brentwood Dr Gregory Spencer - 137 Brentwood Dr James Strictland - 168 Brentwood Dr Doug Walker - 306 Palmetto Rd Hope Sutton - 126 Victoria Dr* Sky Dunning - 126 Victoria Dr* Matt Resnick* Several attendees of the community meeting live outside the scope of the notice list. These are noted with an *. SUMMARY OF DISCUSSION Traffic Several attendees shared concerns about the public roads in the vicinity of the proposed project. These related to traffic flow on, and parking along, Brentwood Drive, traffic pressure arising out of the commercial uses along Castle Hayne Road, a dangerous curve on Glendale Road, and the impact of construction traffic. One attendee shared an explanation that some traffic circles are planned on the nearby public roads to help alleviate traffic issues. Board of Commissioners - January 9, 2023 ITEM: 17- 7 - 17 Community Information Meeting Summary 147 Brentwood Drive This proposed development is not significant enough to warrant a traffic study, and the trip generation is similar for the proposed development as to that associated with a "by -right" development. This information was shared with the attendees. Adaptations to the plan of development based on community concerns regarding traffic and parking are described below. Storm Water/Flooding Multiple attendees expressed concerns about flooding and storm water retention, including concerns about publicly -maintained drainage systems that are not located on the subject property. The applicant's designer explained to attendees that onsite water issues pertain to the amount of impervious surface and that there would be a nominal difference in impervious surface between R15 and R5. Infrastructure Several attendees shared opinions related to public infrastructure in the area. Some attendees asked about the applicable water supply, and expressed frustration that central water is not available from the CFPUA to their individual properties. Attendees expressed concern about the lack of resources and attention their neighborhood has been given historically by NCDOT (Brentwood Dr and Glendale Rd) referencing, e.g., having to clean their own ditches and fill their own potholes. One attendee asked if the sidewalks and streets of the proposed development would be open for neighboring property owners to use, citing Preservation Point as being closed/gated. The existing infrastructure that serves the real property of others is beyond the scope of this rezoning proposal. Design Several attendees shared positive comments and appreciation of the general land design, and the effort to keep as much of the existing tree canopy as possible. Although not the subject of the rezoning proposal, multiple attendees requested information about the design of the buildings planned for the proposed development, and the structure for the planned community for the same. We were also asked about the plans to sell or rent the homes in the new development. Multiple attendees wanted to see more boundaries and buffers between the new townhouse units and their existing properties. A summary of the changes incorporated in the design in response to these notes is included below. Board of Commissioners - January 9, 2023 ITEM: 17- 7 - 18 Community Information Meeting Summary 147 Brentwood Drive General We entertained several other questions and comments that are not related to the subject rezoning, including the following: • One attendee repeated a number of times that she thought the project is beautiful and great, but only if it was somewhere else - not in her backyard. The same attendee asked if the applicant had been in any lawsuits or open court cases and wanted the name of the applicant's attorneys. • Attendees asked about the projected price point and wanted to know if the homes would be government subsidized. • One attendee expressed that the increase in their property value as a result of the new development would only increase how much they pay in taxes. As none of these comments relate to the proposed rezoning, we did not address the same in adaptation of the design. CHANGES AND ADJUSTMENTS TO PROPOSED DEVELOPMENT IN RESPONSE TO COMMUNITY MEETING In response to the comments garnered at the community meeting, the applicant altered a number of items on the proposed site plan: • In response to traffic congestion concerns on Brentwood Drive, the applicant updated the site plan to provide a suburban cul-de-sac drive that creates a single entry/exit point at the entrance of the development closest to Castle Hayne Road. • Additionally, the applicant created overflow parking spaces within the site aimed at preventing increased parking along Brentwood Drive. • In response to concerns about stormwater management, the applicant worked with the project engineer to properly demonstrate the stormwater management facilities on the proposed site plan. • To ensure the development is properly integrated into the greater community and to demonstrate the site's walkability, the applicant has altered the site plan to show the new cu-de-sac drive and proposed sidewalk improvements. • Additionally, the applicant took a number of steps to address concerns from neighboring homeowners regarding the proximity of units to adjacent developments. The applicant moved the location of the southern units farther away from Brentwood drive and added a larger landscaped buffer between the proposed units and the existing residential lots located along Brentwood Drive. The applicant also added additional landscape buffering toward the northern end of the site in between the proposed units and adjacent residential property owners. ND:4864-0755-9996, v. 3 Board of Commissioners - January 9, 2023 ITEM: 17- 7 - 19 Exhibit E Concept Plan and Existing Vegetation Narrative ND:4876-3562-8342, v. 1 [Attached] Board of Commissioners - January 9, 2023 ITEM: 17- 7 - 20 Existing Vegetation Narrative The vegetation located at 147 Brentwood consists of a variety of different sized native Live Oaks, Water Oaks, Laurel Oaks, Longleaf /Loblolly/Virginia Pines, and Magnolia trees typically found in Southeastern North Carolina. The proposed triplexes and quadraplexes have been positioned to save as many large trees as possible to preserve the integrity of the existing vegetation. Proposed driveway layouts connect to each unit in a manner that saves existing trees to prevent needless loss of vegetation. Existing wetlands on site consist of herbaceous plant material that is typically found with low lying areas within Southeastern North Carolina. Trees within the opens space and buffer yards will be saved to help provide a seamless transition from existing residential lots and the proposed project. ND:4866-5553-7206, v. 1 Board of Commissioners - January 9, 2023 ITEM: 17- 7 - 21 ®41 m z - �o 00 r 'w E o � s rn m 2 � S� b fr% Ox a SS o � m O ^C O O _ , w,vusxS,tlme�ew.—� n�d�W n 3^ i "om €�$�$N moo$ Z O O m ° $"o N t� ® G O i z am$Ee$ a $_ cz_ -s ;og D ,� m am z° z z H 9 m $'>' � ° z °oogya�mo„Na=n= °BmFgo.=$4'a=faN°gym b D a F It nm a ^s€ €o°�� ➢;g =amain -; z g 1 oM - D _ mt< ff,a omgx izC$ u�NQ9z°'zaiaff mL x N D 8 ^ °�'m„ $m$som = 3 n $mF�omiof o 'H F R ° 82m.a= s O z N = Asg €_ m,$ m � z � � � - a oqR Pjo PROJECT ° z= f s g 3 .1 1 BRENTWOOD TOWNHOMES S O , n g Y `z 01 147 BRENTWOOD DRIVE 3 '5 WILMINGTON, N CONDITIONALRLd of Commissioners -January 9, 202 N z g Concept Plan Board of Commissioners - January 9, 2023 ITEM: 17- 8 - 1 NATURAL AREA TO BE - SUPPLEMENTED AS NECESSARY TO MEET BUFFER 'TYPE A' REQUIREMENTS SWING ARM GATE WITH PADLOCK 10,847 SF (.25 AC) OPEN SPACE D g g1 A3 j S:\S�HDgCF\ NIF (JONI BIN? BUFFER - TYPE A NIF �RDSS1D10 Dg 61a0P�EDR\VE 12a G�ENDP MDWRRpV NO g 6�1 g0 Goo DR\VE ✓r 6141 0 0 00 Q�e pe a �� M d� 1� 16'-0" 1 16'-0" EMERGENCY ACCESS WITH GATED ENTRY N\F MURILLO PART OF LOT 6 AND LOT 7 BRENTWOOD D.B. 6008 PG. 69 fig, A49\DP ��R\VE 1j6G�E N12og3PG 233 D8• EDR\VE 118 G�ENDP\' NIF �DSN EP� �49 Dg 6216EDR\VE a�� 120 G�ENDP\' 00 NIF WE�,p56122 \ D g G�EN�P2EDR\V PROP�R(`� 60 N�P�� / P � �P J.ZT�2 11 10 9 8 7 6 5 a�3 e � PV 9' ° De° DRIVEWAY, TYPICAL ,m g 0 7 3 40 38 OP 36 3 c� 9 41 PERIMETER SETBACK PROPERTY BOUNDARY W n M -n DM - D.B.1201 PG. 938\D.B.1185 PG. 432 N\F SPENCER LOT 8 AND LOT 9 BRENTWOOD STORMWATER MANAGEMENT D.B. 4905 PG. 2465 N\F SPENCER BRENTWOOD LOT 10 D.B. 6368 PG.1169 N\F DANIEL BRENTWOOD LOT 11 NIF pND pRG 9N0 Dg gA6 EDRNE ENDP ,o pND DA11 112 G�� ERS D. 28i0P` DR\VE AAA G_ENDP NIF gENG\VENGD21 Dg 59a9PG�DR\VE 110 G\-ENDP` VICINITY MAP o� O� QBl-VE �2� ---------------------- �3(Qp�y� co Q - U V107-p RIA DRIVE c,0 SITE POPO 0OO GO0 0 0 F0 O I 28,955 SF (.66 AC) 10I Pr° OPEN SPACE Api,L g1.9T/ p LF ti co 0 DIVISION DRIVE GP=' "e 3Po AMRTIN LUTHER a NOT TO SCALE KING JR PKy _ 14 2 SITE DATA \ rp ADDRESS: 147 Brentwood Drive 'P s° PARCEL ID: R04110-005-008-000 ti CURRENT OWNER: Wilmington Development Group INC TOTAL PROJECT AREA 7.63 Acres (332,363 SF) \ 2 EXISTING ZONING R-15 s \ PROPOSED ZONING R-5 (PERFORMANCE RESIDENTIAL) RESIDENTIAL LOTS PROPOSED 49 TOWNHOMES �m PERFORMANCE RESIDENTIAL REQUIREMENTS a hP \ Polo y DIMENSIONAL STANDARDS REQUIRED PROPOSED PERIMETER SETBACK 20' 20' °pO s DISTANCE BETWEEN MULTI -FAMILY UNITS 20' 20' N MAXIMUM DENISTY 7.63 - .40 (WETLAND AND POND) ACRES - 7.23 NET ACREES 8 UNITS/ACRE MAX. 6.78 UNITS/ACRE s \ OPEN SPACE CALCULATIONS \ REQUIRED PROPOSED MAIL KIOSK OPEN SPACE 20% - PERFORMANCE RESIDENTIAL 62,988 SF 80,416 SF PARALLEL PARKING, TYPICAL BUFFERYARD 20' TYPE A 20' TYPE A o Q'� OFF-STREET PARKING CALCULATIONS METER SETBACK N\FCULBRETH D.B. 6128 PG.1385 LOT 12 BRENTWOOD \ j y \ y� V \ y 6' REQUIRED PROPOSED 49 DWELLINGS (2 SPACES / UNIT) 98 SPACES 98 SPACES OVERFLOW PARALLEL PARKING 11 SPACES GENERAL NOTES 1. SITE BOUNDARY, TREES, AND WETLAND INFORMATION TAKEN FROM SURVEY e Q PROVIDED BY HANOVER DESIGN SERVICES, PA, DATED MARCH 2O21 2. THERE ARE NO EXISTING WATER OR SEWER LINES ON SITE 3. ALL PROTECTED TREES WILL BE PRESERVED OR MITIGATED. 2 4. SITE IS NOT LOCATED WITHIN A 100-YEAR FLOOD ZONE 5. ALL UTILITIES SHALL BE UNDERGROUND. 6. ALL SIGNS WILL BE LOCATED AND APPROVED BY THE NEW HANOVER COUNTY PLANNING DEPARTMENT. \ 7. TACTILE WARNING MATS WILL BE INSTALLED ON ALL WHEELCHAIR RAMPS. 1 I 8. NO EXISTING DRIVEWAYS ARE TO BE CLOSED. ( PROJECT ENTRY ( I �' 9. CONTRACTOR SHALL MAINTAIN ALL-WEATHER ACCESS FOR EMERGENCY VEHICLES AT ALL TIMES DURING CONSTRUCTION. MONUMENT 10. NO EQUIPMENT IS ALLOWED ON SITE UNTIL ALL TREE PROTECTION FENCING AND SILT 1 z N FENCING IS INSTALLED AND APPROVED. PROTECTIVE FENCING IS TO BE MAINTAINED THROUGHOUT THE DURATION OF THE PROJECT, AND CONTRACTORS SHALL RECEIVE ADEQUATE INSTRUCTION ON TREE PROTECTION METHODS. "r 11. STOP SIGNS AND STREET SIGNS TO REMAIN IN PLACE DURING CONSTRUCTION. D.B. 6098 PG.2197 12. ANY SIGNS TO BE MONUMENT STYLE AND/OR WALL SIGNS. N\F BROCK 13. WATER AND SEWER SERVICE SHALL MEET CFPUA DETAILS AND SPECIFICATIONS. AREA "All BROCK and KERN I 14. PROPOSED WATER SERVICE WILL REQUIRE A STATE WATER PERMIT. MB. 63PG. 297 I 15. PROTECTIVE FENCING IS TO BE PROPERLY MAINTAINED THROUGHOUT THE DURATION \ OF THE PROJECT. \ 1 16. LAND CLEARING AND CONSTRUCTION CONTRACTORS SHALL RECEIVE ADEQUATE INSTRUCTION ON TREE PROTECTION REQUIREMENTS AND METHODS. 17. ANY TREES AND/OR AREAS DESIGNATED TO BE PROTECTED MUST BE PROPERLY BARRICADED WITH FENCING AND PROTECTED THROUGHOUT CONSTRUCTION TO INSURE THAT NO CLEARING AND GRADING OR STAGING OF MATERIALS WILL OCCUR IN THOSE AREAS. 18. NO EQUIPMENT IS ALLOWED ON THE SITE UNTIL ALL TREE PROTECTION FENCING AND SILT FENCING HAS BEEN INSTALLED AND APPROVED. 19. REGULATED AND SIGNIFICANT TREES IN THE STREET YARD AND ANY TREES IN ANY REQUIRED BUFFERS ARE REQUIRED TO BE RETAINED. 20. ANY GROUND LEVEL MECHANICAL EQUIPMENT TO BE SCREENED AS NECESSARY. 21. THIS PLAN IS PRELIMINARY AND NOT FOR CONSTRUCTION AND IS SUBJECT TO CHANGE IN ACCORDANCE WITH PROVISIONS OF THE NEW HANOVER COUNTY UNIFIED DEVELOPMENT CODE. 22. THERE WILL BE NO PHASING ON THIS PROJECT. - - - 23. ADDITIONAL FIRE PROTECTION AND/OR ACCESSIBILITY REQUIREMENTS MAY BE REQUIRED DUE TO ANY SPECIAL CIRCUMSTANCES CONCERNING THE PROJECT. 24. TRASH REMOVAL WILL BE ROLL OUT TRASH RECEPTACLES. BRENTWOOD DRIVE ' 60' PUBLIC ROW NCDOT STANDARD DRIVEWAY CONNECTION PROPOSED ROAD SECTION - 45' PUBLIC ROW 45' PUBLIC ROW 6'-6" LANDSCAPE 6-6" LANDSCAPE 4'-0" PLAZA 1'-6" 21'-0" 1'-6" PLAZA 4'-0" SECTION VIEW SCALE: 3/16" = 1'-0" GL ASPHALT PAVEMENT CONCRETE VALLEY CURB 4'-0" CONCRETE SIDEWALK LEGEND zz6°P NE EXISTING TREES PROPERTY BOUNDARY SETBACK LINE - - - RIGHT OF WAY LINE WETLAND LINE BUFFER LINE LOT LINE OPEN SPACE 0 40 80 120 160 feet 1"=40' Revisions W W 2 O x Z Lu O >_ z � � 0 z O 0 0 (� N O 0 Cr O 0 _j ��z 0 U F_ LI00 W Z O L U °° z J O CONDITIONAL REZONING PLAN Date: 10-28-2022 Phase: Job Number: 101-800 Designed by: MLD Drawn by: MAS Checked by: JVvM Sheet Title: SITE PLAN Sheet Number: LOmO of 1 sheets ITEM: 17- 9 - 1 Public Comments In Support Neutral In Opposition Board of Commissioners - January 9, 2023 ITEM: 17- 10 - 1 From: mvolkmar=nhcgov.com@webformsnhcgov.com on behalf of Brittany Castillo <mvolkmar@nhcgov.com> Sent: Friday, November 18, 2022 1:02 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Public Comment on Planning Board - Z22-22 (147 Brentwood Drive) ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Name Brittany Castillo Address 114 Victoria dr Wilmington, North Carolina 28401 United States Map It Email BrittanyCastillo(aDgmail.com Projects available for comment. Planning Board - Z22-22 (147 Brentwood Drive) What is the nature of your comment? Oppose project Public Comment Our community is all single family homes; the developers are going to destroy our neighborhood atmosphere with these triplexes and quadraplexes. There have been large communities they are adding nearby (preservation point, and the one behind the food lion) that Have affected traffic negatively and this will only make that worse. There is not proper drainage and the overall affect of these large complexes potentially coming into our quaint neighborhood will devastate our community and lower our property values. No no no, please protect our family neighborhood. Board of Commissioners - January 9, 2023 ITEM: 17- 11 - 1 Materials Submitted at Planning Board Hearing Board of Commissioners - January 9, 2023 ITEM: 17- 12 - 1 PETITION OPPOSING REZONING Say NL to Rezoning! The undersigned, owners and residents of property within I�t SifLr�� from the property requested to be rezoned New Hanover county Tax Parcel io R04110-005-008-000 protest and object to the proposed rezoning of 147 Brentwood Drive Wilmington NC 28401 Name Address Phone Date Signature UP- 115 6r-ler Vv., q[6-6/y74 4.111 13 CAJ 'l �.I'✓ 0�� lVr' �0 .' l rd 9 < - _6 o lei qlo a3 �-?9S 8 lo� a-�- 0 Lj-z uC71,4 1D Qlro-47b-19;L o��Zl 3, 3► CtD- -tile) la-a-aa Sl-�Pr�; P�FS 1�t3 N��2`L�� QIU-- 9�3,��G ►o�22Z VE2NaN �c�aNS�N i� o °LLd— rl .Oo" lC3-Z-2Z irri�ZyS,,-r-TUIV 1Lz 16rL.IA prr `I0-61v-6z�I c tr (� �� R�6 G - � -- ,at�G 3 r..ny� 0 3d 91 -7 7 7 T Io30 2z 2)'e- 4la-ZGY-- yyb or C4-Ar /0 4 v/�' M �1% r�li'IU 4,� q1a -o42- y9 (30! 3 J Board of Commissioners - January 9, 2023 ITEM: 17- 13 - 1 PETITION OPPOSING REZONING Say N6 to Rezoning! The undersigned, owners and residents of property within from the property requested to be rezoned New Hanover County Tax Parcel ID R04110-005-008-000 protest and object to the proposed rezoning of 147 Brentwood Drive Wilmington NC 28401 Name Address Phone Date Signature qYZO-L12 4. A i DI:C 1Z 3Li -FLWr4- 0. qlcl - -S54< &'q 1 LP o 0 L-9'9 IcJ25 11 [2Yf[2-2... V/-- &Jrt> d q -p,7 6qs-v )2,11 122--- DL/�� &Qk CIniNLA, qO &A: ME Board of Commissioners - January 9, 2023 ITEM: 17- 13 - 2 PETITION OPPOSING REZONING Say to Rezoning! The undersigned, owners and residents of property within 1C, rom the property requested to be rezoned New Hanover county Tax Parcel ID R04110-005-008-000 protest and object to the proposed rezoning of 147 Brentwood Drive Wilmington NC 28401 Name Address Phone Date Signature Jd66h W oo'CtA r le t No k i V% w I-e 6V iv JLn K055 D q upndu� Dr Go %iA ki LA44 i�l (S �13� If &hj�VZA /0//[7t It! 3 3 r-0, 5-� J _ r v Board of Commissioners - January 9, 2023 ITEM: 17- 13 - 3 TIE NEW 8" WATER INTO EXISTING WATER MAIN I IC IVCVV O J.J. INTO EXISTING MH STORMWATER INFRASTRUCTURE i AND UTILITY CONNECTION PLAN NIF gENG\VENG� \ �gGIENOP\-EDP\VE 8" SANITARY SEWER PIPE 8" WATER PIPE Board of Commissioners - January 9, 2023 ITEM: 17- 14 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 1/9/2023 Regular DEPARTMENT: Planning PRESENTER(S): Zach Dickerson, Current Planner CONTACT(S): Zach Dickerson; Rebekah Roth, Planning & Land Use Department SU BJ ECT: Public Hearing Rezoning Request (Z18-02M) - Request by Cindee Wolf with Design Solutions, applicant, on behalf of Bailey & Fuller Properties, LLC, property owner, to modify the CZD zoning of two parcels totaling approximately 3.44 acres of land located at 7887 Market Street from (CZD) B-2, Regional Business and O&I, Office and Institutional to (CZD) B-2, Regional Business. BRIEF SUMMARY: The applicant is proposing to rezone approximately 3.44 acres to (CZD) B-2 in order to construct a three-story mixed - use development. Potential uses include financial institution, business services, instructional services, general retail, offices, personal services, restaurant, and residential. The applicant's concept plan includes the proposed three-story building with mixed -use office and commercial space on the first two floors, with the possibility of 12 two -bedroom residential units on the third. These residential units would only be permitted with a Special Use Permit, which would be a separate consideration from this rezoning. The concept plan includes a 37.5' Special Highway Overlay District Streetyard. The subject parcels are bounded by Bump Along Road to the east, Raintree Road to the west and Market Street to the south. The site is located near the Porters Neck Growth Node. The subject site consists of two parcels. The parcel that fronts Market St is currently zoned (CZD) B-2, while the rear parcel is zoned 0&I. These parcels were first rezoned in 2011 to 0&1. The parcel that fronts Market was rezoned to (CZD) B-2 in 2018 for a two-story commercial development. Neither development has moved forward at this time. The 0&1 district is intended to provide lands that accommodate institutional, professional office and other compatible uses. There are a wide variety of uses permitted in 0&1. Common uses include residential, educational, civic (government services) and office (medical, light commercial). The current (CZD) B-2 zoning applies only to the portion of the site fronting Market St, and would allow a project with limited commercial uses, office space and a high -turnover restaurant. Because the concept plan has changed to provide for a different site layout, both parcels are coming back for rezoning to (CZD) B-2. The B-2 district was established to provide for the proper site layout and development of larger format or larger structure size business uses, including big box stores and automobile dealers. It is also designed to provide for the appropriate location and design of auto -oriented uses that meet the needs of the motoring public or that rely on pass - by traffic. The applicant is seeking a (CZD) B-2 zone as B-2 allows for building heights up to 50'. Access is proposed to be provided to the subject property from Bump Along Road, a private local road, and from Board of Commissioners - January 9, 2023 ITEM: 18 Raintree Road, an NCDOT maintained road. Access on both Bump Along Road and Raintree Road will be full -access in and out. Traffic calming devices are proposed on the Raintree Road entrance, as noted on the concept plan. It is estimated that the site will generate approximately 52 AM peak hour trips and 85 PM peak hour trips. A TIA was completed for the original Z18-02 rezoning case. The proposed uses under the modification reduce the number of trips estimated to be generated from the originally approved rezoning. The applicant has proposed a condition that the improvements required as part of the approved 2018 Traffic Impact Analysis must be completed in accordance with NCDOT's standards prior to issuance of a Certificate of Occupancy. A new TIA is not required. The Comprehensive Plan classifies the site as Community Mixed Use, and it is located near the Porters Neck Growth Node. The Community Mixed Use Place Type promotes a mix of retail, office, and residential development at moderate densities. It also recommends higher -intensity mixed use with first floor retail and office with housing above at a building height range of one to three stories. The proposed rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because it is located in an area designated as Community Mixed Use, is located near a growth node, and provides for the uses that are appropriate for this area. The Planning Board considered this application at their December 1, 2022 meeting. Two individuals spoke in opposition to the modification during the public hearing, citing concerns about drainage and stormwater. The Planning Board voted to recommend approval of the petition (5-0) with the following conditions offered by the applicant: 1. The improvements required as part of the approved 2018 Traffic Impact Analysis must be completed in accordance with NCDOT's standards prior to issuance of a Certificate of Occupancy. 2. The two-way vehicular connection to Raintree Road, extending to Bump Along Road, must be included within a 30-foot wide access easement that is dedicated for public use. 3. The portion of Bump Along Road adjoining the subject property must be improved as a minimum 20' paved, two-way drive and dedicated for public use, either by dedicating an access easement or private right-of-way. 4. Subject property owners will participate with all other property owners along Bump Along Road in a road maintenance agreement for their pro-rata road frontage. 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 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 20'. The Board found it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is located in an area designated as Community Mixed use, is located near a growth node, and provides for the uses that are appropriate for this area. The Board found RECOMMENDING approval of the rezoning request was reasonable and in the public interest because the proposed provides neighborhood -serving commercial development. STRATEGIC PLAN ALIGNMENT: • Intelligent Growth & Economic Development o Encourage development of complete communities in the unincorporated county ■ Citizens have daily needs met by N H C businesses and support them ■ Ensure N H C has appropriate housing to support business growth ■ I ncrease connectivity of residents to each other and their investment to New Hanover Board of Commissioners - January 9, 2023 ITEM: 18 County RECOMMENDED MOTION AND REQUESTED ACTIONS: Based on the recommended uses and intensity for Community Mixed Use places, the context and compatibility with the immediate surrounding area, and reduced traffic impact in this transitional area, staff concurs with the Planning Board's recommendation of this application and suggests the following motion with the proposed conditions. I move to recommend APPROVAL the proposed rezoning to a (CZD) B-2. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is located in an area designated as Community Mixed Use, is located near a growth node, and provides for the uses that are appropriate for this area. I also find recommending APPROVAL of the rezoning request is reasonable and in the public interest because the proposal provides neighborhood -serving commercial development. Proposed Conditions: 1. The improvements required as part of the approved 2018 Traffic Impact Analysis must be completed in accordance with NCDOT's standards priorto issuance of a Certificate of Occupancy. 2. The two-way vehicular connection to Raintree Road, extending to Bump Along Road, must be included within a 30-foot wide access easement that is dedicated for public use. 3. The portion of Bump Along Road adjoining the subject property must be improved as a minimum 20' paved, two-way drive and dedicated for public use, either by dedicating an access easement or private right-of-way. 4. Subject property owners will participate with all other property owners along Bump Along road in a road maintenance agreement for their pro -rate road frontage. 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 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 20'. Alternative Motion for Denial I move to recommend DENIAL of the proposed rezoning to a (CZD) B-2. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is located in an area designated as Community Mixed Use, is located near a growth node, and provides for the uses that are appropriate for this area, I find recommending DENIAL of the rezoning request is reasonable and in the public interest because it is not consistent with the desired character of the surrounding community and will adversely impact the adjacent neighborhood. ATTACHMENTS: Z18-02M BOC Script Z18-02M BOC Staff Report Z18-02M Zoning Map Z18-02M FLUM Z18-02M Mailout Map Initial Application Coker Sheet Z18-02M Application Z18-02M Community Meeting Information Concept Plan Coker Sheet Board of Commissioners - January 9, 2023 ITEM: 18 Z18-02M Concept Plan TIA Cover Sheet Z18-02M TIA Z18-02M Public Comments Cover Sheet COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval with conditions as presented by staff. COMMISSIONERS' ACTIONS: Approved with conditions 5-0. Condition number 4 was amended. Board of Commissioners - January 9, 2023 ITEM: 18 BOARD OF COMMISSIONERS SCRIPT for Zoning Map Amendment Application (Z18-02M) Rezoning Request (Z18-02M) — Request by Cindee Wolf with Design Solutions, applicant, on behalf of Bailey & Fuller Properties, LLC, property owner, to modify the CZD zoning of two parcels totaling approximately 3.44 acres of land located at 7887 Market Street from (CZD) B-2, Regional Business and 0&1, Office and Institutional to (CZD) B-2, Regional Business. 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? b. 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 of the proposed rezoning to a (CZD) B-2) I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is located in an area designated as Community Mixed Use, is located near a growth node, and provides for the uses that are appropriate for this area. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal provides neighborhood -serving commercial development. Proposed Conditions: 1. The improvements required as part of the approved 2018 Traffic Impact Analysis must be completed in accordance with NCDOT's standards prior to issuance of a Certificate of Occupancy. 2. The two-way vehicular connection to Raintree Road, extending to Bump Along Road, must be included within a 30-foot wide access easement that is dedicated for public use. Board of Commissioners - January 9, 2023 ITEM: 18- 1 - 1 3. The portion of Bump Along Road adjoining the subject property must be improved as a minimum 20' paved, two-way drive and dedicated for public use, either by dedicating an access easement or private right-of-way. 4. Subject property owners will participate with all other property owners along Bump Along Road in a road maintenance agreement for their pro-rata road frontage. 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 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 20'. Example Motion for Denial I move to DENY the proposed rezoning to a (CZD) B-2. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is located in an area designated as Community Mixed Use, is located near a growth node, and provides for the uses that are appropriate for this area, I also find DENIAL of the rezoning request is reasonable and in the public interest because it is not consistent with the desired character of the surrounding community and will adversely impact the adjacent neighborhood. Alternative Motion for Approval/Denial: I move to [Approve/Deny] of the proposed rezoning to a conditional RMF-M district. I find it to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] I also find [Approval/Denial] of the rezoning request is reasonable and in the public interest because [insert reasons] - Board of Commissioners - January 9, 2023 ITEM: 18- 1 - 2 STAFF REPORT FOR Z18-02M CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z18-02M Request: Rezoning to a Conditional B-2 district Applicant: Property Owner(s): Cindee Wolfe with Design Solutions Bailey & Fuller Properties, LLC Location: Acreage: 7887 & 7957 Market St 3.44 PID(s): Comp Plan Place Type: R03600-003-042-005 & R03600-003-042- Community Mixed Use 004 Existing Land Use: Proposed Land Use: Undeveloped Commercial & Office Space, Mixed Use with potential residential units Current Zoning: Proposed Zoning: (CZD) B-2 and 0&1 (CZD) B-2, Regional Business ZONING I North 7 CZD ` N n Ma. � -_-h a-2 a CITY f le "d\�il c.��`2&aU'ty, C & L SURROUNDING AREA I LAND USE ZONING North Religious Institution, Banking Services R-15 East Commercial Services - across Market St. B-2 South Multi -Family Residential (Amberleigh Shores)- across Market St. City of Wilmington (MD - 17) West Single -Family Residential R-15 Z1 8-02M Staff Report BOC 1.9.2022 Page 1 of 19 Board of Commissioners - January 9, 2023 ITEM: 18- 2 - 1 AERIAL »„ " f q�K tlR •�AA `9R� !�' - �:$ 5 'f <• F' North S ti' Ha uver�Cay ZONING HISTORY July 6, 1971 Initially zoned R-15 1 (Area 5) February 21, 2011 Approved Rezoning Case Z-909: Rezoned from R-15 to 0&1 April 2, 2018 Approved Rezoning Case Z18-02: Rezoned the southern parcel from 0&1 to (CZD) B-2 for commercial and office space. COMMUNITY SERVICES Water services are available through CFPUA. Sanitary sewer is available Water/Sewer through CFPUA with a force main connection or can be serviced by a private septic system approved and permitted by the NHC Health Department. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Ogden Station Schools Porters Neck Elementary, Holly Shelter Middle, and Laney High Schools Recreation Ogden Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Zl 8-02M Staff Report BOC 1.9.2022 Board of Commissioners - January 9, 2023 ITEM: 18- 2 - 2 Page 2 of 19 APPLICANT'S PROPOSED CONCEPTUAL PLAN 110 Includes Staff Markups w The applicant is proposing to construct o 3-story, 50' height building, with 12,800 sq ft of retail use onthe first floor and 25,600 sq ftofoffice space on the second and third floors. The corresponding parking for the site is located adjacent to the building with on additional lot tothe north' • The proposed site plan limits the uses tothe following o Residential units (third f|oor)'only permitted with oSpecial Use Permit o Indoor recreation (no shooting range permitted) o Bank and/or financial institution o Business Service Center o Restaurant (no 6rive'thrupermitted) o Offices for private business /& professional activities Zl8'O2kkStaff Report BO[l.9.2022 Page 3of19 Board ofCommissioners ' January 9.2O23 ITEM: 18'2 3 o Instructional services & studios o Personal services, general (no tattoo parlor permitted) o Retail sales, general • The applicant's proposed conceptual plan includes a 37.5' enhanced SHOD streetyard, located in the 75' setback in the Special Highway Overlay District (SHOD). The SHOD is designed to protect the natural beauty and scenic vista that exists along specially designated roadways that serve as major accessways and gateways into unincorporated New Hanover County. • The applicant has also proposed the potential for residential use on the third floor; this would be tied to a Special Use Permit which is a separate consideration from this rezoning. ZONING CONSIDERATIONS • The subject parcels have been rezoned multiple times since R-15 zoning was initially established in 1971. At the time, the purpose of the R-15 district was to ensure that housing served by private septic and well would be developed at low densities. Since that time, water and sewer services have become more available to the surrounding area. • These parcels were first rezoned in 2011 to 0&1. The 0&1 district is intended to provide lands that accommodate institutional, professional office and other compatible uses. There are a wide variety of uses permitted in 0&1. Common uses include residential, educational, civic (government services) and office (medical, light commercial). • The current (CZD) B-2 zoning applies only to the portion of the site fronting Market St, and would allow a project with limited commercial uses, office space and a high -turnover restaurant. The 0&1 district is still applied to the rear parcel. • The B-2 district was established to provide for the proper site layout and development of larger format or larger structure size business uses, including big box stores and automobile dealers. It is also designed to provide for the appropriate location and design of auto - oriented uses that meet the needs of the motoring public or that rely on pass -by traffic. • Because the concept plan has changed to provide for a different site layout, both parcels are coming back for rezoning to (CZD) B-2. Zl 8-02M Staff Report BOC 1.9.2022 Page 4 of 19 Board of Commissioners - January 9, 2023 ITEM: 18- 2 - 4 2 Story Portion of the Development X Z I s _ / r / \ fi Z 18-02, original site plan • The current (CZD) B-2 zoning of the front parcel and the proposed (CZD) B-2 zoning require a 30' side setback and a 35' rear setback. If this rezoning is approved, both parcels would be subject to the B-2 side and interior setbacks from residential properties. The current 0&1 district of the rear parcel requires a 25' side setback and a 30' rear setback for the adjacent residential properties. • The applicant is seeking a (CZD) B-2 zone as B-2 allows for building heights up to 50'. • The proposed site is located in the SHOD, which prescribes a minimum 100' front setback for buildings. This may be reduced by 25% if the development provides additional plantings along the right-of-way. • The UDO prescribes a Type A: Opaque Buffer between B-2 districts and adjacent residential uses. • The UDO contains controls on exterior lighting on site. The maximum illumination levels at the common property line with the residential properties to the north and west shall not exceed 0.5-foot candles. The height of exterior light fixtures shall not exceed 25 feet and all exterior luminaries shall be cut-off fixtures that are directed downward. In no case shall lighting be directed at or above a horizontal plane through the lighting fixture. The applicant has proposed a condition that would limit the height of light posts to 20 feet. • If approved, the project would be subject to Technical Review Committee and Zoning Compliance review processes to ensure full compliance with all ordinance requirements and specific conditions included in the approval. Only minor deviations from the approved conceptual plan, as defined by the UDO, would be allowed. Z18-02M Staff Report BOC 1.9.2022 Page 5 of 19 Board of Commissioners - January 9, 2023 ITEM: 18- 2 - 5 Development ' Total Units Built Remaining TRANSPORTATION Site Access a N �Pnaehh a�°°a R°da �0 a as Site dys/ ��cte °ne - Road L Primary Access: vo Raintree Road r via Market Street ,moo Secondary Access: e�dhac'r. Cn 0 Raintree Road City of .Q via Alexander Road Wilmington L a, -4 Q • Access is proposed to be provided to the subject property from Bump Along Road, a private local road, and from Raintree Road, an NCDOT maintained road. • Access on Bump Along Road and Raintree Road will be full -access in/out. • Traffic calming devices are proposed on the Raintree Road connection, as noted on the concept plan. • The entrance to Market Street from Bump Along Road is right -turn only. • A TIA was completed for the Z18-02 rezoning case. The proposed uses under the modification reduce the number of trips estimated to be generated from the originally approved rezoning. Zl 8-02M Staff Report BOC 1.9.2022 Page 7 of 19 Board of Commissioners - January 9, 2023 ITEM: 18- 2 - 7 Intensity Approx. Peak Hour Trips Existing Development: Undeveloped 0 AM / 0 PM 13,000 sq ft office 40 AM / 51 PM building (typical 0&1 buildout on this acreage) Development under 15,000 sq ft 134 AM / 264 PM Current Zoning: retail/commercial building approved in Z 18-02 Proposed Development: 38,400 sq ft. 3-story 52 AM / 85 PM building Required Improvements • The applicant has proposed as a condition for Z1 8-02M that the improvements required as part of the approved 2018 Traffic Impact Analysis must be completed in accordance with NCDOT's standards prior to issuance of a Certificate of Occupancy. • The TIA recommends the installation of a southbound right turn lane extending from Bump Along Road to Mendenhall Drive with the turn lane tying into the U-turn bump -out designed for the future U-4902D project, which includes installation of a sidewalk along Market St. The TIA also recommends the signalization to the future U-turn at Market Street intersection. These improvements will require coordination with NCDOT, whereas NCDOT would design and construct the improvements as part of the U-4902D project with the developer being responsible for the associated costs. • The WMPO and NCDOT have approved the TIA and accepted the recommended improvements. The approval letter, which lists all of the transportation improvements for the project, is included in the Board's packet. Zl 8-02M Staff Report BOC 1.9.2022 Page 8 of 19 Board of Commissioners - January 9, 2023 ITEM: 18- 2 - 8 Nearby Planned Transportation Improvements and Traffic Impact Analyses Nearby NC STIP Projects: • STIP Project U-4902D — Market Street Improvements o Project for access management improvements from N. College Road to Station Road and from Middle Sound Loop Road to the Mendenhall Drive/Marsh Oaks Drive intersection. o Install a center median and pedestrian accessways along Market Street from Middle Sound Loop Road to Marsh Oaks Drive. The pedestrian accessways will consist of a 10-foot multi -use path on the eastern side of the street, and a 5-foot sidewalk on the western side of the street. o The project is currently under construction and is expected to be completed by early- 2023. Z1 8-02M Staff Report BOC 1.9.2022 Page 9 of 19 Board of Commissioners - January 9, 2023 ITEM: 18- 2 - 9 • STIP Project U-4751, U-4751 A —Military Cutoff Extension o Project to extend Military Cutoff from Market Street to 1-140. o The project is currently under construction and is expected to be completed in early- 2023. o The project will also install a sidewalk and multi -use path along the extension of Military Cutoff and the sections of Market Street included in the project. Nearby Traffic Impact Analyses: Traffic Impact Analyses (TIAs) are completed in accordance with the WMPO and NCDOT standards. Approved analyses must be re-examined by NCDOT if the proposed development is not completed by the build out date established within the TIA. Proposed Development Land Use/Intensity TIA Status • 20,000 sf Medical/Dental Office 1. Bayshore • 70,000 sf Shopping Center • TIA approved September 1 1, Commercial • 8,000 sf High Turnover Sit 2019 Down Restaurant • 2022 Build Out Year • 4,000 sf Fast Food Restaurant with Drive Thru The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Signalized full movement intersection at Market and Bayshore/Torchwood • Construct pocket left turn lane at T-intersection • Construct westbound approach for ingress and egress • Proposed stop -controlled full movement intersection at Market and Church Driveway Nearby Proposed Developments included within the TIA: • None Development Status: No construction has occurred at this time. Zl 8-02M Staff Report BOC 1.9.2022 Page 10 of 19 Board of Commissioners - January 9, 2023 ITEM: 18- 2 - 10 Proposed Development I Land Use/Intensity TIA Status 2. The Primrose School • Day Care Center, up to • TIA approved September 29,2021 of Mayfaire 191 students • 2022 Build Out Year The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Provide a northbound right turn lane at the site access on Market Street • Extension of the southbound left turn lane on Market Street to 400' of storage with an appropriate deceleration and taper length. This improvement is already programmed and expected to be built by others. Nearby Proposed Developments included within the TIA: • Amberleigh Shoes II-B Development Status: No construction has occurred at this time. Proposed Development Land Use/Intensity TIA Status 3. The Bailey Shoppes • 11,800 sq ft building, . TIA approved February 20, (original TIA commercial 2018 completed for this • 3,000 sq ft building, • 2022 Build Out Year development) commercial The TIA requires improvements be completed at certain intersections in the area. The notable improvements consisted of: • Hwy 17- Construct a dedicated southbound right -turn lane from Bump Along Road to Mendenhall Drive. This turn lane will tie into the U-turn bump out being provided by U- 4902 D. • Bump Along Road- Site Drive 1 must be located on Bump Along Road so that it provides a minimum corner clearance from 100ft from Market St. • Raintree Road- provide interconnectivity of the development site to Raintree Road by providing a two-way, two lane road connection matching the pavement width and typical section at the property line. Nearby Proposed Developments included within the TIA: • None Development Status: No construction has occurred at this time. Z1 8-02M Staff Report BOC 1.9.2022 Page 11 of 19 Board of Commissioners - January 9, 2023 ITEM: 18- 2 - 11 Proposed Development Land Use/Intensity TIA Status • 62 single family detached units • Revised TIA approved June Beaumont Oaks • 34 single family attached 22, 2022 units • 2023 Build Out Year • 204 multi -family (low rise) units The TIA requires improvements be completed at certain intersections in the area. The notable improvements consisted of: • Upon attaining 1,000 daily site trips, applicant to provide updated traffic counts and Phasing Study Analysis • Construct eastbound ingress/egress at Shiraz Way with stop control and internal protected stem • Construct westbound ingress/egress at Market St with stop control and internal protected stem Nearby Proposed Developments included within the TIA: • None Development Status: Construction is scheduled to be complete in 2023 ENVIRONMENTAL • The property is not within a Natural Heritage Area. • The part of the property that fronts Market St does contain wetlands regulated by the US Army Corps of Engineers. The Corps of Engineers is working with the applicant to address wetland mitigation. • The rear of the property, where the parking is located, does contain wetlands that are to be preserved as noted on the concept plan. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class I & III soils. Class III indicates severe limitation. However, the site is expected to be served by CFPUA when developed. These soils will not impact this project. Z1 8-02M Staff Report BOC 1.9.2022 Page 12 of 19 Board of Commissioners - January 9, 2023 ITEM: 18- 2 - 12 OTHER CONSIDERATIONS Representative Comparable Developments of existing (CZD) B-2 Rendering of Z22- 7 8 Two-story mixed use development, Courtyard at Masonboro Zl 8-02M Staff Report BOC 1.9.2022 Page 13 of 19 Board of Commissioners - January 9, 2023 ITEM: 18- 2 - 13 Two-story mixed use development, Masonboro Station Zl 8-02M Staff Report BOC 1.9.2022 Page 14 of 19 Board of Commissioners - January 9, 2023 ITEM: 18- 2 - 14 Representative Comparable Developments of proposed (CZD) B-2: r 3-story office and residential building, Mayfaire 3-story office and residential building, Lumina Commons Zl 8-02M Staff Report BOC 1.9.2022 Page 15 of 19 Board of Commissioners - January 9, 2023 ITEM: 18- 2 - 15 Context and Compatibility • The property is located along Market Street, a major commercial corridor. • This property is near the Porters Neck Growth Node, an area of the County that is seeing rapid growth. • Much of the surrounding land to the North and West is used for residential purposes, while parcels to the South and the East are developed for commercial use. • The subject site is across Market St from Amberleigh Shores, a three-story multi -family residential development. • The applicant has proposed 12 two -bedroom residential units for this site, on the third floor. These units would only be permitted through a Special Use Permit, and would make this a mixed -use site, which is appropriate and encouraged in the Community Mixed Use Place Type. • After the completion of the Military Cutoff Rd. extension (proposed in 2023), some of the traffic flow will be alleviated in this area. The Porters Neck commercial service node will become more of a destination for nearby residents rather than a pass -through area for traffic traveling to and from Pender County. 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 as "��Pd ✓ /''�/o IV i� P � GENERAL RESIDENTIAL JRBAN MIXED USE COMMUNITY MIXED USE CONSERVATION Z1 8-02M Staff Report BOC 1.9.2022 Page 16 of 19 Board of Commissioners - January 9, 2023 ITEM: 18- 2 - 16 Future Land Use Community Mixed Use Map Place Type Focuses on small-scale, compact, mixed use development patterns that serve Place Type all modes of travel and act as an attractor for county residents and visitors. Description Types of appropriate use include office, retail, mixed use, recreational, commercial, institutional, multi -family and single-family residential. The subject property is located in the northeastern portion of the county along a major road corridor and is near the Porters Neck Growth Node. It is in close proximity to both residential uses and other commercial services. The Comprehensive Plan classifies the property as Community Mixed Use, which promotes development of small-scale, mixed -use developments. This place type is common for areas along highway corridors. This place type assignment is intended to support more density near major roads with a transition to lower densities adjacent to existing lower intensity residential neighborhoods. The subject property would ideally provide for the needs of adjacent residential neighborhoods and support multi -modal connections to the higher intensity growth node to the Northeast. The proposed project can provide Analysis lower -intensity commercial services for nearby residents, while incorporating the planned Market Street multi -use path (U-4902D) and improving road interconnectivity that will provide additional access for residents of the abutting neighborhoods. The applicant is proposing a 38,400 sq ft, 3-story building on a 3.44 acre site. Commercial uses and office space are encouraged in the proposed B- 2 zoning district, the intent of which is to provide proper site layout and development of larger format or larger structure size business uses. This is the type of use that one is likely to see along a commercial corridor. This project is a modification of Z1 8-02, which was originally approved by the Board of Commissioners in 2018. The updated site plan reconfigures the building layout, limits some of the originally proposed uses and adds parking. The proposed rezoning is generally CONSISTENT with the 2016 Consistency Comprehensive Plan because it is located in an area designated as Recommendation Community Mixed Use, is located near a growth node, and provides for the uses that are appropriate for this area. Z1 8-02M Staff Report BOC 1.9.2022 Page 17 of 19 Board of Commissioners - January 9, 2023 ITEM: 18- 2 - 17 PLANNING BOARD ACTION The Planning Board considered this application at the December 1, 2022 meeting. Two individuals spoke in opposition to the modification during the public hearing, citing concerns about drainage and stormwater. The Planning Board voted to recommend approval of the petition (5-0) with the following conditions offered by the applicant: 1 . The improvements required as part of the approved 2018 Traffic Impact Analysis must be completed in accordance with NCDOT's standards prior to issuance of a Certificate of Occupancy. 2. The two-way vehicular connection to Raintree Road, extending to Bump Along Road, must be included within a 30-foot wide access easement that is dedicated for public use. 3. The portion of Bump Along Road adjoining the subject property must be improved as a minimum 20' paved, two-way drive and dedicated for public use, either by dedicating an access easement or private right-of-way. 4. Subject property owners will participate with all other property owners along Bump Along Road in a road maintenance agreement for their pro-rata road frontage. 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 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 20'. The Board found it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is located in an area designated as Community Mixed use, is located near a growth node, and provides for the uses that are appropriate for this area. The Board found RECOMMENDING approval of the rezoning request was reasonable and in the public interest because the proposed provides neighborhood -serving commercial development. STAFF RECOMMENDATION Based on the recommended uses and intensity for Community Mixed Use places, the context and compatibility with the immediate surrounding area, and reduced traffic impact in this transitional area, staff concurs with the Planning Board's recommendation and suggests the following motion with the proposed conditions: I move to APPROVE the proposed rezoning to a (CZD) B-2. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is located in an area designated as Community Mixed Use, is located near a growth node, and provides for the uses that are appropriate for this area. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal provides neighborhood -serving commercial development. Z1 8-02M Staff Report BOC 1.9.2022 Page 18 of 19 Board of Commissioners - January 9, 2023 ITEM: 18- 2 - 18 Proposed Conditions: 1. The improvements required as part of the approved 2018 Traffic Impact Analysis must be completed in accordance with NCDOT's standards prior to issuance of a Certificate of Occupancy. 2. The two-way vehicular connection to Raintree Road, extending to Bump Along Road, must be included within a 30-foot wide access easement that is dedicated for public use. 3. The portion of Bump Along Road adjoining the subject property must be improved as a minimum 20' paved, two-way drive and dedicated for public use, either by dedicating an access easement or private right-of-way. 4. Subject property owners will participate with all other property owners along Bump Along Road in a road maintenance agreement for their pro-rata road frontage. 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 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 20'. Alternative Motion for Denial I move to DENY the proposed rezoning to a (CZD) B-2. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is located in an area designated as Community Mixed Use, is located near a growth node, and provides for the uses that are appropriate for this area, I find DENIAL of the rezoning request is reasonable and in the public interest because it is not consistent with the desired character of the surrounding community and will adversely impact the adjacent neighborhood. Z18-02M Staff Report BOC 1.9.2022 Page 19 of 19 Board of Commissioners - January 9, 2023 ITEM: 18- 2 - 19 Case: Site Address: Z18-02M 7887 Market Street CZD B-2 O&I I-1 0 R-15 0 CITY Existing Zoning/Use: onin_ /q Use: CZD 6-2, 0&1 / / 1\ \11\ mmissioners - J( nary 9, 2023 ITEM: 18- 3 - 1 N Proposed Zoning/Use: CZD 6-2 N A* 0 250 500 US Feet I i I i I rnco• Site Address: Z18-02M 7887 Market Street /o Existing Zoning/Use: onin_ /q Use: Proposed Zoning/Use: N CZD B-2, 0&1 CZD B-2 A* i GENERAL RESIDENTIAL URBAN MIXED USE i COMMUNITY MIXED USE Q q CONSERVATION ,�V B rd of Commis4vs - January 9, 2023 / \/ l ITEW: 18- 4 - 1 0 250 500 US Feet I i I i I Site Address: Z18-02M 7887 Market Street ExistingZoning/Use: onin Use: CZD 6-2, 0&1 Proposed Zoning/Use: N CZD 6-2 1 WN ❑ Neighboring Parcels (500 feet) / oard ofG�NTSIIC5- J 23 0 275 550 US Feet l i l i l Initial Application Documents & Materials Board of Commissioners - January 9, 2023 ITEM: 18- 6 - 1 NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 1 10 Wilmington, North Carolina 28403 Telephone (910) 798-7165 FAX (910) 798-7053 planningdevelopment.nhcgov.com CONDITIONAL ZONING APPLICATION This application form must be completed as part of a conditional zoning application submitted through the county's online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the application, are set out in Section 10.3.3 of the Unified Development Ordinance. (Optional) Pre -Application Conference 1. Applicant and Property Owner Information Applicant/Agent Name Owner Name (if different from Applicant/Agent) Cindee Wolf Bailey & Fuller Properties, L.L.C. Company Company/Owner Name 2 Design Solutions Address Address P.O. Box 7221 405 D Western Blvd. City, State, Zip City, State, Zip Wilmington, NC 28406 Jacksonville, NC 28541 Phone Phone 910-620-2374 910-346-8443 Email Email cwolf@lobodemar.biz cwbaileyandassociates.biz (Contact: Chris Bailey) Board of Commissioners - January 9, 2023 Page 1 of 6 ITEM: 18- 7-L-1onditional Zoning District Application — Updated 02-2022 2. Subject Property Information Address/Location Parcel Identification Number(s) 7887 & 7957 Market Street 316905.18.8602 / 316905.18.6800 Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification 3.44 ac. (CZD) B-2 & 0&1 Community Mixed -Use 3. Proposed Zoning, Use(s), & Narrative Proposed Conditional Zoning District: (CZD) B-2 Total Acreage of Proposed District: 3.44 ac. Please list the uses that will be allowed within the proposed Conditional Zoning District, the purpose of the district, and a project narrative (attach additional pages if necessary). Note: Only uses permitted in the corresponding General Use District are eligible for consideration within a Conditional Zoning District. The proposed project is a 3-story structure with basic commercial uses on the ground floor, offices on the second floor, and the opportunity to put additional offices or residential units on the third floor. Uses will be limited to: ** Indoor recreation (no shooting range permitted) ** Bank and / or Financial Institution ** Business Service Center ** Restaurant (no drive-thru permitted) ** Offices for private business & professional activities ** Instructional services & studios ** Personal services, general (no tattoo parlor permitted) ** Retail sales, general ** Commercial Mixed -use (if approved by SUP) 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 improvements required as part of the approved 2018 Traffic Impact Analysis must be completed in accordance with NCDOT's standards prior to issuance of a Certificate of Occupancy. ** The two-way vehicular connection to Raintree Road, extending to Bump Along Road, must be included within a 30-foot wide access easement that is dedicated for public use. ** The portion of Bump Along Road adjoining the subject property must be improved as a minimum 20' paved, two- way, drive and dedicated for public use, either by dedicating an access easement or private right-of-way. ** Subject property owners will participate with all other property owners along Bump Along Road in a road maintenance agreement for their pro-rata road frontage. ** Exterior lighting, including luminaries & 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 such that adequate levels of lighting are maintained, but that light spillage & glare are not directed at adjacent property, neighboring areas, or motorists. Light posts shall be no taller than twenty (20) feet. Board of Commissioners - January 9, 2023 Page 2 of 6 ITEM: 18- 7-8onditional 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: Trip Generation Use and Variable (gross floor area, dwelling units, etc.) AM Peak Hour Trips: 52 I PM Peak Hour Trips: 85 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. Board of Commissioners - January 9, 2023 Page 3 of 6 ITEM: 18- 7-C3onditional 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. 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? Board of Commissioners - January 9, 2023 Page 4 of 6 ITEM: 18- 7-donditional 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 Applicant Initial ® This application form, completed and signed CAW ® Application fee: • $600 for 5 acres or less • $700 for more than 5 acres • $300 in addition to base fee for applications requiring TRC review 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. CAW ® 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 - January 9, 2023 Page 5 of 6 ITEM: 18- 7 -conditional Zoning District Application — Updated 02-2022 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 applicont/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: t . 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 o risi o is application; and 4 Pro" wri nsent to any and all conditions of approval. Christopher W. Bailey - Managing Member Sign � o Pro rty Owners( Print Name(s) Bailey & Fuller Properties L L C Cynthia Wolf - Design Solutions Signature of Applicant/Agent Print Name Note: This form must be signed by the owner(s) of record. If there are multiple property owners, a signature is required for each owner of record. If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will be colendared for the next meeting and no fee will be required. If delay is requested of ter notice has been sent to the newspaper, the Board will act on the request of the scheduled meeting and ore under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. Page 6 of 6 Conditional Zoning District Application — Updated 02-2022 Board of Commissioners - January 9, 2023 ITEM: 18- 7 - 6 REPORT OF COMMUNITY MEETING REQUIRED BY NEW HANOVER COUNTY ZONING ORIDINANCE FOR CONDITIONAL DISTRICT REZONINGS Location: 7957 Market Street Proposed Zoning: (CZD) B-2 & O & I to (CZD) B-2 The undersigned hereby certifies that written notice of a community meeting on the above zoning application was given to the adjacent property owners set forth on the attached list by first class mail, and provided to the Planning Department for notice of the Sunshine List on September 28, 2022 . A copy of the written notice is also attached. The meeting was held at the following time and place: Tuesday, October 11th, 6:00 p.m.; Oaden Park Picnic Shelter #2. The persons in attendance at the meeting were: Reference attached sign -in List The following issues were discussed at the meeting: A brief synopsis was given of the proposed development changes compared to the previous commercial development on the Market Street frontage only. Primary topics of conversation were proposed uses, traffic on Raintree Road, and particularly existing drainage issues. It was explained that the same improvements required by the previous Traffic Impact Analysis would be made for this project. Also, that storm drainage improvements, including not only on -site management of runoff from project surfaces, but other mitigation features should assist in remedying existing flooding problems. Additional information was provided, as requested, on buffering, tree preservation, and mitigation. As a result of the meeting, the following changes were made to the rezoning petition: None Date: October 31, 2018 Applicant: Design Solutions Cindee Wolf Boarcl ot Commissioners - January 9, ITEM: 18- 8 - 1 Community Information Meeting Bailey Shoppes Date: October 11, 2022 Name Address Email (Optional) 7$Q C `7 V 7 S ,�,ns cT 2 &yl( 'Iwo M,6-2i--� b&VjtJ1 � mwi L# g&�L X. Chris Bailey Owner / Developer cwbailev@bailevandassociates.biz Cindee Wolf Project Planner cwolf@lobodemar.biz Board of Commissioners - January 9, 2023 ITEM: 18- 8 - 2 moiWobodemar.biz From: cwolf@lobodemar.biz Sent: Monday, October 17, 2022 11:37 AM To: 'Cindy Dunigan' Subject: RE: Bailey Shoppes Attachments: 2018 Approved Plan.pdf; Bailey Shoppes Exhibit.pdf; Elevs Exhibit.pdf; Johnny Williams Survey Update May2021.pdf; Tree Retention Regs.pdf; Construction Limits Exhibit.pdf Cindy, Sorry for the email delivery error, but I did receive this. The exhibits I had the other evening are attached — including the existing approved plan that can be constructed whether the proposed modification moves forward or not. My purpose in mentioning it is with that scenario, the back lot could be developed for any permitted use in the Code. It is not currently controlled by a "conditional" district overlay. The modification proposal would include that parcel into the overall project boundary and provide some surety of development controls. I've answered your questions below. Sometimes explanations are much easier in conversation. Don't hesitate to call if you have other questions or need further clarification. From: Cindy Dunigan <weepingwilowe@gmail.com> Sent: Sunday, October 16, 2022 2:01 PM To: cwolf@lobodemar.biz; Cindy Dunigan <weepingwilowe@gmail.com> Subject: Bailey Shoppes Hi Cindy - Thank you for your time on October 11th at Ogden Park to discuss the Bailey Shops & Offices project. One of my neighbors picked up some drawings(s) that night ... can you send me what you have please? I have a couple questions: 1. Why did the developer decide to change from 2 buildings to 1? The initial plan was substantially still a single building. There was just a pedestrian walkway between the "structures." 2. If they decide to do condo's will they be rentals or sold? There would potentially be enough floor area for a maximum of twelve (12) 2-bedroom "condominiums" on the top floor — IF the developer found that residential tenants were interested. To the best of my knowledge, the Developer would maintain ownership of the entire building. The units, whether commercial, office or residential, would be rented. 3. The Market Street road work has started at Mendenhal for the UTurn but there doesn't' look like a dedicated lane from the UTurn to Bump Along. Didn't you mention that would be the case? The NCDOT improvement project does not include a right -turn lane into Bumpalong Road. It will be the responsibility of this developer to install that full lane from the u-turnaround at Mendenhall to Bumpalong — at his cost — prior to occupancy of this project being issued. Likewise, the widening & pavement improvements to Bumpalong and the connection to Raintree would need to be in -place prior to actual use of this property. 4. When will the tree mitigation be done? i Board of Commissioners - January 9, 2023 ITEM: 18- 8 - 3 I have reviewed the actual field survey of the current conditions, and attached a printout for you. Also attached is the County regulation for tree retention. Mitigation is required only for "significant" trees that need to be removed for "essential site improvements." Other than a couple of large -trunk Pines, removal of the "regulated" trees within the rear parking area is permitted. The rear of the parking area is over 40' from the rear boundary line. No tree removal (of any size tree) will be permitted within the first 20' — considered "buffer." If there is still visibility into the site, then the existing vegetation has to be supplemented with new evergreen shrubs that will screen to a height of at least six (6) feet. Additional trees in the next 20' would only be removed if necessary for grading the parking pad. Before construction begins, tree protection fencing has to be installed around the limits of disturbance. This protects natural areas that are committed for preservation — including the rear buffer. Mitigation of the Pines would be either planting or payment -in -lieu of approximately sixty (60) new trees — IN ADDITION TO — all trees normally required for the landscape regulations: streetyard, buffer, parking shading & foundation plantings. All new plantings would not be required until completion of construction and request for occupancy. Thanks again, Cindy Dunigan 129 Bump Along Rd, Wilmington, NC 28411 614-361-8400 2 Board of Commissioners - January 9, 2023 ITEM: 18- 8 - 4 5.3.4. TREE RETENTION STANDARDS A. Identification of Regulated Trees Three types of trees are regulated or protected by this section. They are Documented Trees, Significant Trees, and Specimen Trees. This categorization of trees is based on the tree species and existing minimum Diameter at Breast Height (DBH) of the trees. Documented Trees, Significant Trees, and Specimen Trees regulated or protected by this section are identified in Table 5.3.4.A: Regulated Trees. Regulated Tree Type Documented Trees Breast Height (DBH) Dogwoods and American Hollies 4 inches Long Leaf Pine, Pond Cypress, Bald Cypress, and Hardwoods* 8 inches Other Conifers 12 inches Significant Trees Dogwoods, Magnolias, Native Flowering Trees, and American Hollies 8 inches Long Leaf Pine, Pond Cypress, Bald Cypress, and Hardwoods* 18 inches Other Conifers 24 inches Specimen Trees Live Oaks, Pond Cypress, and Bald Cypress Winches * Only includes Sweetgums when they are located within required vegetative buffer areas or required open space set -asides I, JOHNNY J. WILLIAMS, PROFESSIONAL LAND SURVEYOR, CERTIFY THAT THIS MAP WAS PREPARED UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION COMPLETED ON 02/09/2018 FROM REFERENCES AS SHOWN HEREON; THAT BOUNDARIES NOT SURVEYED ARE NOTED AS SUCH AND PLOTTED FROM REFERENCES AS SHOWN HEREON; THAT THE GPS PORTIION OF THIS SURVEY WAS PERFORMED TO A CLASS A SURVEY AS DEFINED BY TITLE 21, CHAPTER 56, SECTION .1603 OF THE N.C. ADMINISTRATIVE CODE USING A RTK NETWORK WITH A POSITIONAL ACCURACY OF 0.09 U.S. FEET, THAT THIS GPS SURVEY WAS PERFORMED USING A CARLSON BRX6 ROVER AND/OR A TRIMBLE 5800 ROVER; THAT ALL COORDINATES ARE BASED ON N.C. GRID NORTH (NAD 1983 2011 ADJUSTMENT GEOID12 MODEL); THAT THE CONVENTIONAL PORTION OF THIS SURVEY HAS A RATIO OF PRECISION IN EXCESS OF 1:10,000 AND IS ALSO PERFORMED TO A CLASS A SURVEY AS DEFINED BY TITLE 21, CHAPTER 56, SECTION .1603 OF THE N.C. ADMINISTRATIVE CODE; AND THAT THIS MAP WAS PREPARED IN ACCORDANCE WITH TITLE 21, CHAPTER 56.1600 OF THE N.C. ADMINISTRATIVE CODE. ALL TOPOGRAPHIC SURVEY DATA SHOWN HEREON WAS CREATED FROM A GROUND SURVEY PERFORMED TO CLASS B SPECIFICATIONS AS DEFINED BY TITLE 21, CHAPTER 56, SECTION .1606 (c1B) OF THE N.C. ADMINISTRATIVE CODE. 05/31/2021 JOHNNY J. WILLIAMS, P.LS., L-3170 GRID TIES AND COORDINATES: ECM NO. 2 - NORTH = 198,473.695 (CONTROL CORNER) EAST = 2,361,496.372 ECM NO. 4 - NORTH = 198,603.023 (CONTROL CORNER) EAST = 2,361,615.693 LEGEND: EIPP = EXISTING IRON PINCHED PIPE EIP = EXISTING IRON PIPE EIS = EXISTING IRON STAKE ECM = EXISTING CONCRETE MONUMENT EMN = EXISTING MAG NAIL ISS = IRON STAKE SET MNS = MAG NAIL SET SSS = SURVEY SPIKE SET AG = TOP ABOVE GROUND SURFACE BG = TOP BELOW GROUND SURFACE R/W = RIGHT-OF-WAY = CENTERLINE I = PROPERTY LINE NCGS = NORTH CAROLINA GEODETIC SURVEY -E-E- = OVERHEAD UTILITY LINE o = UTILITY POLE 0 = WATER METER ®= WELL FIRE HYDRANT SECURITY LIGHT = CABLE BOX = CLEAN OUT = CURB INLET ®= ELECTRIC BOX = MONITORING WELL ®= MANHOLE = FIBER OPTIC PADDLE = SIGN • = TELEPHONE BOX N= WATER VALVE = STORM DRAIN LINE SS SS = SANITARY SEWER LINE CPP = CORRUGATED PLASTIC PIPE RCP = REINFORCED CONCRETE PIPE CMP = CORRUGATED METAL PIPE REVISED 05/31/2021 - REVISED CONTOURS PER NEW CONSTRUCTION - JJW THIS DOCUMENT ORIGINALLY ISSUED AND SEALED BY JOHNNY J. WILLIAMS, P.L.S., L-3170 ON THE DATE OF THIS MAP. THIS MEDIA SHALL NOT BE CONSIDERED A CERTIFIED DOCUMENT REFERENCES: DEED BOOK 5994, PAGE 1816 TRACTS ONE AND TWO DEED BOOK 5777, PAGE 2396 DEED BOOK 6100, PAGE 1662 MAP BOOK 62, PAGE 325 TRACTS A AND B MAP BOOK 63, PAGE 16 CAMERON R. JACKSON DEED BOOK 5949, PAGE 1317 ZONED: R-15 01 \ 3' WOOD MAN�fb �� \ \ \\\ PICKET FENCE I TO INV.= 28.152' x CONCRETE PAD TRAFFIC BOX MAILBOX I 6' WOOD TUR1 qS,A PRIVACY FENCE BLACKBCHEER BG 5 9 p / SITE BENCHMARK \ \\ 8IM " R� � SSS IN UTILITY POLE U WHITE OAK ERSIM ELEV. = 40.30' H �- \x � 6.99' / 8" MIMOSA 8" QN TOP\G6Y WATER K l\ / \ 12 , t _ 8' / 14" PIN / MICHAEL G. ALABASTER M L TURK AK B CHE CURB INLET / TOP OF CURB 36.95' DEED BOOK 6031, PAGE 1286 �� NE e \ DROP INLET LIBERTY BAPTIST CHURCH OF 16 PINE• 11" PIN �\�� - GRAVEL WILMINGTON, INC. / � 9� TOP = 37.26' 16" I ZONED: R-15 / \ \ G� 3 DRIVEWAY INV. = 35.16' DEED BOOK 5777, PAGE 2392 I� i WIRE - FENCE ANDREW FAZARRI DEED BOOK 5199, PAGE 2594 LOT 21, SECTION ONE BRICKSTONE ESTATES MAP BOOK 16, PAGE 31 O� 1 PINE ILL PINE 10" 'PI \ /P1N SINE PINE �I Q• \ f CURB INLET 16" PINE . 8�P / TOP OF CURB = 36.89' /� r 1g \ ZONED: 0&I ry� I / 9 //MIM \ �� \� 9' PINE ?9 �\ e \ \4" PINE 16"��NE I 8"�PINF/�12"ENE PINE/ 1�•,�� 8" PINE 3Q6''8, \ T�' PINE/ // PIN 1 1 1 "I PI '" \\\\\\ MIM SA �` \1\ PIN z GUY WIRE ^ E 14" OAK f I 8" PINE q \ 1 ¢I' PI'r / / 1 PI E / �� \ fit• e /� 12' OAK r r2" INE �' I. \�� PINE\ 12" 000 \ RETAINING Cpp J 8 (Zr j \ 1 " PINE I 8" PINE PINF' \� \ LIVE 0 Sp £ WALL _ G BLACK CHEERY 8" /PINEI �I -_-_ \ \ OHO OA{� I 8„ PINE 1„ PINE\ 8' PINE41 \ 10" NE / 8" PINE_ 8„ g p u8� Ptf�E 11"0 PIN CF \ //C / / / 01 8' MIMOSA \I LIVE �61L - -' IN �\ 2' PIN /06V /// LI OAK 6 PI/ E 11" INE 10" PINE O 8" \ \ a! -PIN \ / O /9' PI PINE LIVE OAK 8" PINE \�- 10" _PINE 2 \ y0 \X�O 2" DOWOOD IN� �2'jPINE ppp /( / 1 9„ PINE \ S \ Lhv'i / / 1 1 „PINE / i5' / / /21" P NE 8„ PIN 8' PINE 10" P /LAEIP \ 6 J�1 j _D30A PI 11" PI 8„ PINE �y / �\ 74� / O _i W /, pIN AA r r�r 8" P E \ F O� 9J 1 \ / REDOAK\�//� \/Z/'\N \ \�YY �CiRGaJ\ LIV OA / 324�EIP 2? �S\ 11 /�// /"�' 4� / / �� \ 8" IaINE \ �� \ /mil\ BG\ �9� \ Q�' CHURCH / , 6" DO WyvD -� 3/4_EIS - RE_[), AK / / �� ' WATER K \� \ 8" PINE / ZON ' 0&1 3B" P \/ l(r��/9 \� \ SIGN / �j -1 AG RED OAK / / � 0 / \ 9'�� - \\P E 8' PIN /. ,f \ / /AGj1�i��,. \ Rim 208 9" P NE �p PJNE �1�0" � PIN /'8' PINE \ (A SLACK GITM �� , -----7 Q /� \ _ F "�QT 7 E , s� i 8' / / / / \ \ 8„ PINE / `\\� 6�,,1' IN �/ _ �\6.28' ROgO MAGN�LIA \ /�6 r t 82 1.22"�3N \ INV.- 32.83' PINE 19" NI /, 8' � ' pl i j �jd / 11" PIN / �WER �AF CK GCFM �/ ��i I�� 1 7 VA IA�BLE WIDT Pl7 LIC \ \ �� 12" c / / P / / //. / / 11. _ � PME s"JNE- �'�IIv� �� UTILITY EASEME \ 2 B cK GUM 10 PI P r O / /% \ \ \ �Q, o�1.84/ / 21" PIN / o" Q- % D BOOK 34, P GE 1 2 //- BLAC` CUM BLACK GUM10' PINE `'S $INE \i // I 3/4" EIPP O �=i31 � / / Q �/ ��\//�� \� \ \N 1 �G 205 \ 1 - // - s�. \ ZONED: R-15 / >,if,, AG OLI I LACK G�M /\ ` / 30 E \i w \ ;� „ \ M,/ NOTES: 1) THE PROPERTY SHOWN HEREON IS NOT LOCATED WITHIN A SPECIAL 100 YEAR FLOOD HAZARD AREA ACCORDING TO FLOOD INSURANCE RATE MAP NO. 3720316900J DATED APRIL 3, 2006. 2) ALL N.C. GRID DATA SHOWN HEREON IS BASED ON NAD 1983 2011 ADJUSTMENT USING THE NCGS RTK NETWORK SYSTEM. 3) ALL DISTANCES SHOWN HEREON ARE N.C. GRID DISTANCES UNLESS OTHERWISE NOTED. 4) COMBINED GRID FACTOR = 1.0000109647 5) ALL UTILITY LINES SHOWN HEREON MAY HAVE EASEMENTS AND RIGHTS OF ENTRANCE AND MAINTENANCE ASSOCIATED WITH THEM. 6) ALL ELEVATIONS AND BASED ARE MEAN SEA LEVEL NAVD 1988 DATUM. 7) WETLANDS LINES SHOWN HEREON ARE BASED ON A WETLANDS SURVEY MAP DATED 02/11/17 PREPARED BY DAVID B. FLOYD PLS LAND SURVEYING. WETLANDS LINES WERE NOT SURVEYED BY JOHNNY J. WILLIAMS LAND SURVEYING. 8) UNDERGROUND FIBER OPTIC AND OTHER UTILITIES SHOWN HEREON ARE BASED ON FLAG MARKINGS BY OTHERS. 9) PROPERTY IS CURRENTLY ZONED 0&I. FRONT SETBACK IS LISTED AS 25' HOWEVER U.S. 17 MAY HAVE ADDITIONAL REQUIREMENTS. SIDE AND REAR SETBACKS WHERE THEY ABUT RESIDENTIAL DISTRICTS MUST BE CALCULATED DEPENDING ON USAGE OF PROPERTIES. 10) ANY UNDERGROUND UTILITIES SHOWN HEREON AND THEIR LOCATION IS APPROXIMATE BASED OFF OF ABOVE GROUND FEATURES SUCH AS VALVES, MARKERS, FLAGS, ETC. THE ACTUAL FIELD LOCATION OF THESE UNDERGROUND UTILITIES SHOULD BE VERIFIED PRIOR TO LAND DISTURBANCE. IN ADDITION OTHER UNDERGROUND UTILITIES MAY EXIST THAT WE WERE NOT ABLE TO FIND ABOVE GROUND INDICATORS FOR. UTILITY LOCATION COMPANIES WERE NOT CALLED TO LOCATE UNDERGROUND UTILITIES THEREFORE UNDERGROUND UTILITIES MAY EXIST THAT ARE NOT SHOWN. BOX Er SIGN i'61 G "PIN J o ? \ O 1543, " RCP / Q`0• / ` / �/ / $ I j / PONDED AREA \\ J / G// \ \ \ \\ \\ 33 \ �� C 5 „ I S SRO GZ� _* h° G`Z�� WIRE 4 W� DS LINE /` PI / O \ FENCE ISEE NOTE 7) \1 \ \ \ w 2 BG\ 26 a AA !V� e� EDGE OF / ING WATER 00 \ \ 114" MAP 9� \ \ "MAP / • 16/�I / \ 14" CY � ��„/IN f �g��j I w /./ / �°1ry 204 3 GRADE 2�• ��Q��P / CONTO RS IN THIS EA ARE FROM a� 7 / / / A SURVEY 0 MAY 5, 2021. CONT IRS AND \ �C9� GJ�1 GRATHWOL PROPERTY / \ Q , m �F . \/ FEATURES OUTSIDE THIJ AREA ARE FROM \ Q HOLDINGS, LLC. 3/4" EIP - ?S V A SU ON FEBROARY 9, 201 TRACT 3 @ GRADEJG DEED BOOK 5790, PAGE 961 N 55'57'50" ,•,/. NE w LOT 25, SECTION ONE 30.50/ ':,:. �. 26 \ \ 0000 / // / /% i^ BRICKSTONE ESTATES , g' .;_ '';_ ' / �\ I \4-) a / / � MAP BOOK 16, PAGE 31 / \ I QO Qv' ZONED: R-15 / 0 / �, 3/4" EIP r tK10 / j1.5g'13" W 2At'ME ECM / / O?� C2 �Q� SJ. INV. = 24.51' 5/8" ISS G' O� / gpN EMN (003OF Rp1 pURt• - \ 2„ AG 501 WEBE�TON NEW HANOVER COUNTY 0 2q" RCP 3/4" EIP 201P�\•y�L ROp,O DEED BOOK 6095, PAGE 1016 ® GRADE G •CZ' / WELL SITE INV. = 23.73' BRICKSTONE ESTATES SECTION ONE MAP BOOK 16, PAGE 31 INV. = 23.21' ZONED: R-15 / 30" RCP end / BOUNDARY AND TOPOGRAPHIC SURVEY FOR: BAILPY 4?- A,5,S'OCIA TP,S, INC. CURRENT OWNER: YOSEF, INC. 3811 COTTONWOOD DRIVE, DURHAM, NC 27705 INDIVIDUAL TRACT AT INTERSECTION OF U.S. HIGHWAY 17 (MARKET STREET) AND BUMP ALONG ROAD. HARNETT TOWNSHIP, NEW HANOVER COUNTY, N.C. DATE: FEBUARY 9, 2018 5 2 o' s ' 11 SCALE: 1 " = 50' JOHNNY J. XILLIAffS LAjVD SURV FYING; PC P.O. BOX 778, BEULAVILLE , N.C. 28518 C-PROJECT: BAILEY-OGDEN0521 PHONE: 910-298-8272 FAX: 910-298-2310 FILEMS NAMFILE: B ILEOGDE EMAIL JWILLIAMS@JWSURVEY.COM FIRM NO. C-2532 MS FILE: BAILEYOGDEN0118 Board of Commissioners - January 9, 2023 ITEM: 18- 8 - 6 227 213136 7981 138 � 29.,E s � � k.�_."�f ` 124 ,}' �+` ■ .._ ti 50 ` r ❑ 133 116114 . `-_- kx ,. 21 `<_. ' $,yf 112 7965 T ' / '• 79$0 146 �128 ; 'yL ' ,�'` 77976+ }f ■ .: 42 13$r &284 10917 ■7976 : 7964, 137. ,/ 130 "116 113 i 7957 7961 ■ i ❑ ■ f 133 ■ rvIg824 ■ ■ ■ I }{ 7815 78`ii6 7813` ■ 07827 �r�■ -'; ' s 7825� _ter ,. `'` J • $19 A 31' 7 ., 7954 136'f ■7; `,, i + 1 130 ` 815 i' �Ty 7843 ,:{ ■ r' ■ r ' O 7820' } 90 Q e� 839 $S$ J 282�- ■ ` 7$' !' / • 137-- —� 7847! —' r , �B8$ �� 110 ■ 7805,. 4 =7878 --� _ - f` ` ' �794- 7946 ` '' 77 ■ } 93 • _ y ',' ■7810 ❑ : 93 f 79W 7946 '' 7751 ■ p � 7806 ��,; $12 249250250 j 7745 7 250250 7741 7 7808. 115 5 7737 7744 r 7$Q5r ■ 115 7739 ■ } `� :;� - 77387740 7797 T7944` 801+7$04 1 1 231231 240240 77257727 7732 77. 244. ter. 121127 r 240 130130 231231: 32 T7157717 7726 77: 130130 ` r' 7711 728 7727 767 135135, 129 17705 726k;720 154154 r135 221221' 11F` 7701` 729 ;'-; 7.18 7704 ADJACENT PROPERTIES WITHIN 500' PERIMETER OF 7887 & 7957 MARKET STREET: OWNER NAME MAILING ADDRESS CITY / STATE / ZIP SITUS ADDRESS 4 BEA LLC 109 MENDENHALL DR WILMINGTON, NC 28411 109-B MENDENHALL DR WILMINGTON 4 BEA LLC 109 MENDENHALL DR WILMINGTON, NC 28411 109-A MENDENHALL DR WILMINGTON 4 BEA LLC 109 MENDENHALL DR WILMINGTON, NC 28411 109 MENDENHALL DR WILMINGTON 7946 MARKET STREET LLC 537 UPLAND DR WILMINGTON, NC 28411 7946 MARKET ST WILMINGTON ALABASTER MICHAEL G ETAL 113 BUMP ALONG RD WILMINGTON, NC 28405 113 BUMP ALONG RD WILMINGTON ALDI LLC PO BOX 460047 HOUSTON, TX 77056 7954 MARKET ST WILMINGTON ALLEN RICHARD R PO BOX 1867 FAYETTEVILLE, NC 28302 7815 RAINTREE RD WILMINGTON AMBERLEIGH SHORES LLC 900 BROOKSTONE CENTRE PKWY COLUMBUS, GA 31904 7910 MARKET ST WILMINGTON BARNES JAMES L IV ETAL 7802 RAINTREE RD WILMINGTON, NC 28411 7802 RAINTREE RD WILMINGTON BOWMAN REX ETAL 125 MENDENHALL DR WILMINGTON, NC 28405 125 MENDENHALL DR WILMINGTON BRINKER STEPHEN A PATRICIA G 205 MENDENHALL DR WILMINGTON, NC 28411 205 MENDENHALL DR WILMINGTON BROUSSEAU RAYMOND E 201 MENDENHALL DR WILMINGTON, NC 28411 201 MENDENHALL DR WILMINGTON CAPE FEAR HABITAT FOR HUMANITY 3310 FREDRICKSON RD WILMINGTON, NC 28401 7858 RAINTREE RD WILMINGTON CASSEL RACHAEL E KEVIN W 7820 SANSBERRY CT WILMINGTON, NC 28411 7820 SANSBERRY CT WILMINGTON COLLINS RICHARD STANLEY 7807 RAINTREE RD WILMINGTON, NC 28411 7807 RAINTREE RD WILMINGTON COLLINS SIDNEY R 7809 HAZELTON CT WILMINGTON, NC 28405 7809 HAZELTON CT WILMINGTON CORNING FEDERAL CREDIT UNION PO BOX 767 CORNING, NY 14830 7961 MARKET ST WILMINGTON CROMARTIE CHEVALIER V KELLY A 7839 RAINTREE RD WILMINGTON, NC 28411 7839 RAINTREE RD WILMINGTON DUNIGAN MARY L ETAL 129 BUMP ALONG RD WILMINGTON, NC 28411 121 BUMP ALONG RD WILMINGTON DUNIGAN MARY L ETAL 129 BUMP ALONG RD WILMINGTON, NC 28411 129 BUMP ALONG RD WILMINGTON EDGE CABINET COMPANY INC PO BOX 1379 CLINTON, NC 28329 7843 RAINTREE RD WILMINGTON FAZARRI ANDREW JAN 7831 SANSBERRY CT WILMINGTON, NC 28411 7831 SANSBERRY CT WILMINGTON GEORGE RONALD E 7812 HAZELTON CT WILMINGTON, NC 28411 7812 HAZELTON CT WILMINGTON GRATHWOL PROPERTY HOLDINGS LLC PO BOX 1490 WRIGHTSVILLE BEACH, NC 28480 7814 RAINTREE RD WILMINGTON GRATHWOL PROPERTY HOLDINGS LLC ETAL PO BOX 1490 WRIGHTSVILLE BEACH, NC 28480 7819 SANSBERRY CT WILMINGTON GRATHWOL PROPERTY HOLDINGS LLC ETAL PO BOX 1490 WRIGHTSVILLE BEACH, N 28480 7847 RAINTREE RD WILMINGTON GRATHWOL PROPERTY HOLDINGS LLC ETAL PO BOX 1490 WRIGHTSVILLE BEACH, NC 28480 7838 RAINTREE RD WILMINGTON GRATHWOL PROPERTY HOLDINGS LLC ETAL PO BOX 1490 WRIGHTSVILLE BEACH, NC 28480 7818 RAINTREE RD WILMINGTON GUTHERIE HILLARY ETAL 133 MENDENHALL DR WILMINGTON, NC 28411 133 MENDENHALL DR WILMINGTON GUTIERREZ ANDRADE LAZARO 7801 HAZELTON CT WILMINGTON, NC 28411 7801 HAZELTON CT WILMINGTON HERREN SAMUELJ DELWOOD W 7825 SANSBERRY CT WILMINGTON, NC 28411 7825 SANSBERRY CT WILMINGTON JACKSON INVESTMENTS INC 446 AQUARIUS DR WILMINGTON, NC 28411 7799 ALEXANDER RD WILMINGTON JENSEN PAUL G 7805 HAZELTON CT WILMINGTON, NC 28411 7805 HAZELTON CT WILMINGTON KLUKAS RICHARD K 116 BUMP ALONG RD WILMINGTON, NC 28411 128 BUMP ALONG RD WILMINGTON LIBERTY BAPTIST CHURCH OF WILM INC 7957 MARKET ST WILMINGTON, NC 28405 7957 MARKET ST WILMINGTON MITCHELL DEBORAH 7827 SANSBERRY CT DR WILMINGTON, NC 28411 7827 SANSBERRY CT WILMINGTON MONTELEONE NICHOLAS 5505 COLONIAL OAKS DR APEX, NC 27539 118 BUMP ALONG RD WILMINGTON PENLAND ALICE FAYE PO BOX 10012 WILMINGTON, NC 28405 7810 RAINTREE RD WILMINGTON POTTER WALTER LARRY VIRGINIA S 7804 HAZELTON CT WILMINGTON, NC 28405 7804 HAZELTON CT WILMINGTON REMY LLC 7890 MARKET ST WILMINGTON, NC 28411 7890 MARKET ST WILMINGTON RICHARDETAARON J DANIELLE L 9100 SALEM CT WILMINGTON, NC 28411 138 BUMP ALONG RD WILMINGTON ROUSE ROBERT A PAMELA C 7803 RAINTREE RD WILMINGTON, NC 28405 7803 RAINTREE RD WILMINGTON SAKASH THOMAS E 7824 PENCADE RD WILMINGTON, NC 28405 7828 PENCADE RD WILMINGTON SANTABALLA ELENA V MARK MARCUM 6007 WARING AVE LOS ANGELES, CA 90038 129 MENDENHALL DR WILMINGTON SHALLOW TRAVIS LEIGH 117 BUMP ALONG RD WILMINGTON, NC 28411 117 BUMP ALONG RD WILMINGTON SHIN BOO MIN 7808 HAZELTON CT WILMINGTON, NC 28411 7808 HAZELTON CT WILMINGTON SMITH WARREN D AMELIA S 137 MENDENHALL DR WILMINGTON, NC 28411 137 MENDENHALL DR WILMINGTON SPENGLER RORRIE A ETAL 7811 RAINTREE RD WILMINGTON, NC 28405 7811 RAINTREE RD WILMINGTON THOMAS DUANE CATHERINE 209 MENDENHALL DR WILMINGTON, NC 28411 209 MENDENHALL DR WILMINGTON WILKES BAILEY C 7806 RAINTRE§89rd Of COmmissi iMGMAV6410023 7806 RAINTREE RD WILMINGTON WQGOODMAN PROPERTIES LLC 963 CHADWICK SHORES DR ITEMSNIESAA WRY, N''t�YY 28460 7888 MARKET ST WILMINGTON • Design Solutions September 28, 2022 To: Property Owners in the Vicinity Re: Bailey Shoppes & Offices — 7887 Market Street A commercial project was approved for this tract back in April, 2018, but construction has been pending completion of the NCDOT improvements to Market Street. With that being closer, my clients are interested in proceeding with a modified plan for the project. This proposal would require a Conditional Zoning District (CZD) re -approval from New Hanover County. A Conditional Zoning District allows particular uses to be established only in accordance with specific standards and conditions pertaining to each individual development project. Essentially, this means that only that use(s), structure and layout of an approved proposal can be developed. An exhibit of the updated project layout is enclosed. Specific points of change include the elimination of any drive-thru use, adding a 3rd story, and the improvement of the previously non -designated rear lot as a parking area. As to vehicular trip generation, these changes will actually reduce it from the previous proposal, but the recommended adjacent road improvements would still be completed. A meeting will be held on Tuesday, October 11t", 6:00 p.m., at Picnic Shelter #2, Ogden Park Drive (north side of the lake adjacent to the Dog Park). It will provide an opportunity for further explanation of the proposal and for questions to be answered concerning project improvements, benefits and impacts. 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, look forward to being an asset to the community. i s �w OGDEN PARK DRIVE ti dPICNIC SHELTER #2 r� MARKET STREET A A 4, f `mil 1J ROCK g� CREJ MARif � 1Laausrn \ Y MILJTARY CUTOFFF ROAD ' LONcepgTr Board of Commissioners - January 9, 2023 ITEM: 18- 8 - 9 4 ' Bailey Shoppes & Offices �V F F7... s7, R u �ls .1#1- :.. View From Market Street Concept Plan Board of Commissioners - January 9, 2023 ITEM: 18- 9 - 1 ITEM: 18- 10 - 1 Traffic Impact Analysis Board of Commissioners - January 9, 2023 ITEM: 18- 11 - 1 WMPO February 20, 2018 Mr. Dan Cumbo, PE Davenport Transportation Consulting P.O. Box 15997 Wilmington, NC 28408 RE: Approval of the Traffic Impact Analysis (TIA) associated with the proposed Bailey Shoppes on Market Development New Hanover County, NC 305 Chestnut Street PO Box 1810 Wilmington, NC 28402 Ph: (910) 341-3258 Fax: (9 T 0) 341-7801 www,wmpo.org The WMPO, NCDOT, and New Hanover County staffs have reviewed the Bailey Shoppes Development TIA dated February 1, 2018. This Development consists of: ■ 4,800 SF of Office ■ 6,600 SF of Shopping Center ■ 1,200 SF of fast Food Restaurant with Drive-Thru ■ 2,400 SF of High -Turnover Restaurant Based on review of the analysis provided in the TIA report, the following improvements are required by the developer: US 17 Business (Market Street) and SR 2734 (Marsh Oaks Drive)/SR 2290 (Mendenhall Drive) (existing signal) • Current U-4902 C/D Plans o Extension of the existing northbound left -turn lane to 500 feet of storage • Improvements by Amberleigh Shores Phase II TIA o Provide 400 ft southbound left -turn lane with appropriate deceleration and taper lengths o Modify the signal for traffic exiting Marsh Oaks Drive to require the right -turn yield to the U-turn Improvements by Buy Quick TIA o No improvements recommended US 17 Business (Market Street) and Bump Along Road (existing full movement; Rl/RO with U-4902 C/D) • Construct a dedicated southbound right -turn lane from Bump Along Road to Mendenhall Drive. This turn lane will tie into the U-turn bump out being provided by U-4902D US 17 Business (Market Street) and the southbound to northbound U-turn (approx. 800 feet south from Alexander Road) - constructed with U-4902 Wilmington Urban Area Metropolitan Planning Organization City of Wilmington • Town of arol'naf ach o. T Wn ofsKu Ve TfalofWrightsville Beach County of New Hanover • Town �P��le°�,QnsiT�wn' �if%iavassa • County of Brunswick County of Pender • Cape Fear Public Transportation o i y North Carolina Department of Transportation • Current U4902 C/D plans o Provide an exclusive southbound U-turn lane on Market Street with 300 feet of storage and appropriate taper Improvements by Buy Quick TIA o Install a traffic signal for the U-turn movement Bump Along Road and Site Access 1 (full movement) • Site Drive 1 must be located on Bump Along Road so that it provides a minimum corner clearance of 100 ft from Market Street Bump Along Road and Site Access 2 (full movement) • No improvements are recommended SR 2146 (Raintree Road) and Site Access 3 (full movement) • Provide interconnectivity of the development site to Raintree Road by providing a two-way, two lane road connection matching the pavement width and typical section at the property line Right tune lane installation and U-turn signalization on Market Street will need to be incorporated into U-4902D through an NCDOT/Developer reimbursement agreement during the driveway access permit process. If changes are made to the proposed site driveways and/or use, the current trip distribution may need to be modified and would require a revised Traffic Impact Analysis to be submitted for review by the NCDOT, WMPO, and New Hanover County. This approval would become null and void. The applicant is required to obtain all applicable New Hanover County and NCDOT permits for access to the road network. All applicable NCDOT and New Hanover County technical standards and policies shall apply. Please contact me at 910-473-5130 with any questions regarding this approval. Sin erely, Amy Ki es, PE Project Manager Wilmington Metropolitan Planning Organization Cc: Ben Hughes, PE, District Engineer, NCDOT Matthew T. Carlisle, PE, Deputy District Engineer, NCDOT Kirsten Spirakis, PE, Development Review Engineer, NCDOT Jessi Leonard, PE, Division Traffic Engineer, NCDOT Stoney Mathis, PE, Deputy Division Traffic Engineer, NCDOT Sam Burgess, Senior Planner, New Hanover County Brad Schuler, Planner, New Hanover County Don Bennett, City Traffic Engineer, City of Wilmington Denys Vielkanowitz, PE, Signal Systems Management Engineer, City of Wilmington Bill McDow, Transportation Planner, WMPO Mike Kozlosky, Executive Director, WMPO Board of C ft ' !igryfrg - January 9, 2023 rEM: 18- 12 - 2 Public Comments In Support Neutral In Opposition Board of Commissioners - January 9, 2023 ITEM: 18- 13 - 1