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Agenda 2023 02-06
NEW HANOVER COUNTY Z07_1N9X91ace] AI A I R W [a]ill 1: 1C4�1c]: 1►1171 Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, 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 Coudriet, County Manager i Wanda Copley, County Attorney I Kym Crowell, Clerk to the Board FEBRUARY 6, 2023 4:00 PM MEETING CALLED TO ORDER (Chair Bill Rivenbark) INVOCATION (Pastor Nigel Smith, Fifth Avenue Baptist Church) PLEDGE OF ALLEGIANCE (Vice -Chair LeAnn Pierce) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. First Reading: Approval of Solid Waste Franchise Agreement for Weis Waste, LLC dba Bin There Dump That 3. New Hanover County Schools - Approval of Reallocation of Capital Fund Expenditures 4. Approval of Order for Advertisement of 2022 Unpaid Tax Liens on Real Property ESTIMATED MINUTES REGULAR AGENDA ITEMS OF BUSINESS 5 5. Appointment of Register of Deeds 15 6. Second Reading: Adoption of Amendment to New Hanover County Code of Ordinances Chapter 38 5 7. Consideration of Heart Health Awareness Month Proclamation 10 8. Consideration of an Offer to Purchase 6.25 Acres in the Blue Clay Business Park and Associated Upset Bid Process 10 9. NOTE: This item is removed. Re -Approval of Purchase of Property Located at 319 North Third Street for Cape Fear Community College Nursing Program - With Parking Space Lease 15 10. Consideration of a Resolution of Support for a NC Shallow Draft I nlet Grant Application for the 2023/2024 Mason Inlet Maintenance Dredging Event 45 11. Public Hearing Rezoning Request (Z22-25) — Request by Cindee Wolf with Design Solutions, applicant, on behalf of Willie Moore, Jr. and Joyce Ruffin, property owners, to rezone two parcels totaling approximately 4.65 acres of land located at 2700 and 2707 Old Wrightsboro Road from AR, Airport Residential, to (CZD) AC, Conditional Airport Commerce for an office and warehouses. Board of Commissioners - February 6, 2023 45 12. Public Hearing Rezoning Request (Z22-26) - Request by Cindee Wolf with Design Solutions, applicant, on behalf of Paul and Jane Chaucer, property owners, to rezone one parcel totaling 0.362 acres of land located at 2626 Castle Hayne Road from R-20, Residential to CZD CB, Community Business to convert an existing single-family home for retail and office use. 45 13. Quasi -Judicial Hearing Special Use Permit Request (S22-03) - Request by Thomas Johnson with Skyway Towers, applicant, on behalf of Kenneth and Eloise Parker, property owners, for a Special Use Permit for a Wireless Support Structure to be located on an approximately 4.28 acre parcel east of the intersection of Plantation Road and Military Cutoff Extension which is currently zoned R-15, Residential. PUBLIC COMMENTS ON NON -AGENDA ITEMS (limit three minutes) ESTIMATED MINUTES ADDITIONAL AGENDA ITEMS OF BUSINESS 14. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 15. ADJOURN Note: Minutes listed for each item are estimated, and if a preceding item takes less time, the Board will move forward until the agenda is completed. Mission New Hanover County is committed to providing equitable opportunities and exceptional public services through good governance to ensure a safe, healthy, secure and thriving community for all. Vision A vibrant, prosperous, diverse coastal community committed to building a sustainable future for future generations. Core Values Professionalism - Equity - Integrity - Innovation - Stewardship - Accountability Board of Commissioners - February 6, 2023 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 2/6/2023 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 meeting: Regular Meeting held on January 23, 2023 STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - February 6, 2023 ITEM: 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 2/6/2023 Consent DEPARTMENT: County PRESENTER(S): Kemp Burpeau, Deputy County Attorney and Joe Suleyman, Attorney Environmental Management Director CONTACT(S): Kemp Burpeau and Joe Suleyman SU BJ ECT: First Reading: Approval of Solid Waste Franchise Agreement for Weis Waste, LLC dba Bin There Dump That BRIEF SUMMARY: New Hanover County requires a county issued franchise to collect solid waste. Pursuant to County Ordinance 44.55, the applicant has provided information about business organization, equipment, personnel, and fiscal responsibility. The Environmental Management Director has no objection to the franchise request. The franchise period would run for seven years. All franchise agreements shall now include the following requirements: Should franchisee provide curbside collection for services; franchisee must also offer customers a curbside recycling option. Staff has reviewed only for compliance with the County Code. Prospective customers of any hauler must make their own determination as to suitability of provider and services. STRATEGIC PLAN ALIGNMENT: • Good Governance o Effective County Management ■ Increase transparency and awareness about county actions RECOMMENDED MOTION AND REQUESTED ACTIONS: Authorize franchise award. Upon award, the company will provide Certificates of Insurance, agree not to bring outside waste into the county and to haul all waste to a county designated facility, if required by law. ATTACHMENTS: Franchise Agreement Supporting Documents COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. Board of Commissioners - February 6, 2023 ITEM: 2 COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - February 6, 2023 ITEM: 2 New Hanover County Contract # 23-0343 STATE OF NORTH CAROLINA AWARD OF FRANCHISE AGREEMENT FOR COUNTY OF NEW HANOVER SOLID WASTE SERVICES THIS FRANCHISE AGREEMENT made and entered into this the day of 2023, by and between NEW HANOVER COUNTY, North Carolina, a political subdivision of the State of North Carolina, hereinafter called "County" and WEIS WASTE, LLC DBA BIN THERE DUMP THAT, a North Carolina limited liability company, with its principal mailing address 1440 Parkview Circle Unit 208 Wilmington, North Carolina 28405, hereinafter called "Operator." WITNESSETH WHEREAS, the County has, through the power granted to it under G.S. 153A-136, adopted an ordinance regulating the collection and disposal of solid wastes and requiring that all waste haulers have a license and a franchise in order to operate in the County, in order to provide the residents and commercial customer of the County with reliable, environmentally sound waste disposal now and in the future; and WHEREAS, Operator has contracted with commercial and/or residential customers located in New Hanover County in order to provide solid waste collection and disposal; and NOW THEREFORE, in consideration of the mutual benefits inuring to the parties hereto and based upon the mutual covenants contained herein and the considerations stated herein, the parties do hereby covenant and agree, and County hereby conveys a non- exclusive franchise to Operator, to collect and dispose of solid wastes to commercial and/or residential customers in the County. The parties therefore agree to the following terms and conditions: 1. Terms of Agreement. The initial term of this Franchise Agreement shall be seven (7) years from the date of signing. The Franchise may automatically renew and extend for a subsequent seven (7) year term, contingent upon County Commissioners approval pursuant to G.S. 153A-46. 2. Scope of Services. For the term of this Franchise Agreement, Operator agrees to provide commercial and/or residential customers with solid waste collection and transportation to County -approved disposal sites. 3. Disposal at County -Approved Facilities. Operator agrees to dispose of all waste collected in the County, as part of this franchise agreement, at County -approved facilities consistent with State law. With regard to County -approved facilities, said approval must be obtained by Operator prior to the disposal at said facilities, and said approval shall be granted or denied entirely at the discretion of the County. The County also has the authority to designate which facilities shall be used. 4. Curbside Recycling. Should Operator provide curbside trash collection services, Operator must also offer customer a curbside recycling option. 5. Administration/Billing. All billing of customers shall remain the responsibility of the franchisee. Board of Commissioners - February 6, 2023 ITEM: 2 - 1 - 1 New Hanover County Contract # 23-0343 6. Franchise. It is understood and agreed that all of the terms and conditions of New Hanover County Code Chapter 44, entitled "Solid Waste," pertaining to a franchise for solid waste collections are incorporated herein by reference and made a part hereof as if fully set forth, including but not limited to insurance requirements. 7. Personnel and Equipment. Operator shall equip and maintain all vehicles with staff and equipment to comply with any applicable regulations and laws. 8. Independent Contractor. It is mutually understood and agreed that Operator is an independent contractor and not an agent of the county, and as such, Operator, its agents and employees shall not be entitled to any County employee benefits, and as such, Operator, its agents and employees shall not be entitled to any County employment benefits, such as, but not limited to, vacation, sick leave, insurance, workers' compensation, or pension or retirement benefits. 9. Indemnity. To the extent permitted by law, Operator shall indemnify and hold the County, its agents and employees, harmless against any and all claims, demands, causes of action, or other liability, including attorneys' fees, on account of personal injuries or death or on account of property damages arising out of or relating to the work to be performed by Operator hereunder, resulting from the negligence of or willful act or omission of Operator, its agents, employees and subcontractors. To the extent permitted by law, the County shall indemnify and hold the Operator, its agents and employees, harmless against any and all claims, demands causes of action, or other liability, including attorneys' fees, on account of personal injuries or death or on account of property damages arising out of or related to the solid waste services operated and administered by the County, and resulting from the negligence of or willful act or omission of the County, its agents, employees, and subcontractors. 10. Commercial General Liability. Franchise shall maintain Commercial General Liability (CGL) and if necessary, Commercial Umbrella Liability (CUL) insurance with a total limit of not less than $1,000,000 for each occurrence for bodily injury and property damage. If such CGL insurance contains a general aggregate limit, it shall apply separately to this work or services, or the general aggregate shall be twice the required limit. 11. Business Auto Liability. Operator shall maintain applicable Business Liability and, if necessary, Commercial Umbrella Liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of any auto, including owned, hired, and non -owned autos used in the performance of work or services. 12. Assignment, Contracting_ The parties agree that this agreement is not transferable or assignable by either party without the written consent of the other party to this agreement. Operator shall not subcontract with another entity to perform the services described herein without the approval of the County Manager or his designee. 13. Termination. The franchisee may terminate this franchise upon three hundred sixty-five (365) days written notice, or less notice with the consent of the County. The County may only revoke the franchise for cause as set out in Chapter 44, Board of Commissioners - February 6, 2023 ITEM: 2 - 1 - 2 New Hanover County Contract # 23-0343 “Solid Waste,” of the New Hanover County Code. This franchise may be modified or revoked by the County in the event that an ordinance is passed by the Board of Commissioners creating an exclusive franchise system for residential solid waste collection in the unincorporated County. 14. Non-Waiver of Rights. It is agreed that County’s failure to insist upon the strict performance of any provision of this agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any rights under this agreement. 15. Equal Opportunity. In connection with the performance of this agreement, Operator agrees not to discriminate against any employee or applicant for employment because of race, religion, color, sex, age, disability, or national origin. 16. Entire Agreement. This agreement constitutes the entire understanding of the parties with regard to the provision of solid waste collection and disposal. No modification of rescission of this agreement shall be effective unless evidenced by a writing signed by both parties to this agreement. 17. E-Verify Compliance. Operator shall fully comply with the U.S. Department of Homeland Security employee legal status E-Verify requirements for itself and all its subcontractors. Violation of the provision, unless timely cured, shall constitute a breach of contract. IN WITNESS THEREOF, the parties have hereunto set their hands and seals by authority duly given on the day and year first above written. CONTRACTOR NAME [SEAL] ___________________________(SEAL) Member/Manager STATE OF ______________ _________________COUNTY I, ____________________________, a Notary Public of the State and County aforesaid, certify that _______________________ came before me this day and acknowledged that (s)he is Member/Manager of __________________________, a North Carolina limited liability company, and that by County duly given and as the act of the corporation, the foregoing instrument was signed and sealed in its name by its Member/Manager. WITNESS my hand and official seal, this ____ day of ___________________, 2023. ______________________________ __________________________ Notary Public My Commission Expires [SEAL] Board of Commissioners - February 6, 2023 ITEM: 2 - 1 - 3 New Hanover County Contract # 23-0343 New Hanover County digital signature page attached hereto and incorporated herein by reference. Board of Commissioners - February 6, 2023 ITEM: 2 - 1 - 4 Board of Commissioners - February 6, 2023 ITEM: 2 - 2 - 1 Board of Commissioners - February 6, 2023 ITEM: 2 - 2 - 2 N E W H A N OV E R C O U N T Y B OA R D O F C O M M I S S I O N E R S R EQU E S T F O R B OA R D A C T I O N M E E T I N G DAT E : 2/6/2023 C o nsent D E PA R T M E N T: Finance P R E S E N T E R(S ): E ric C redle, C hief Financial O fficer C O N TA C T (S ): E ric C redle S U B J EC T: N ew Hanov er C ounty S chools - A pproval of Realloca1on of C apital Fund E xpenditures B R I E F S U M M A RY: T he B o ard of Educaon (“B O E ”) requests a ppro val f o r reallo caon of capital projec t funds in two areas, with no change in to tal capital o utlay: 1. 2014 $160 Millio n Scho o l B ond for C apital Pro jects – T he B O E requests to transf er $280,152.65 of remaining funds from six projects funded by the 2014 bond issuanc e that were co mpleted under-budget to pro vide addio nal funding of salaries and benefi ts through J une 30, 2024 for the two employees that were hired to administer the capital pro jects associated with the bond issuance. T he B O E expects that the remaining unfinished pro jects asso ciated with the 2014 bo nd issuance will be completed by J une 30, 2024. At the end o f this funding, the B O E will have to make reteno n decisio ns regarding the two po sions. 2. Annual C ounty C apital Appro priao n – T he B O E requests to transfer $85,000 from two ro o f replacement pro jects that were completed under-budget to fund the purchase of a H VA C Master System that will allow maintenance personnel to monitor performanc e of a ll H VA C units from a single locao n. S T R AT EGI C P L A N A L I G N M E N T: G ood G overnance Effecve County Management I ncreas e transparency and aw ar enes s about county acons R EC O M M E N D E D M OT I O N A N D R EQU E S T E D A C T I O N S : Appro ve the capital projects transfers requested by the N ew H ano ver C o unty Scho o ls. AT TA C H M E N T S : Descripon Letter from New Hanover County Schools dated January 17, 2023 C O U N T Y M A N AG E R'S C O M M E N T S A N D R EC O M M E N DAT I O N S : (only M anag er) R ecommend approval. C O M M I S S I O N E R S ' A C T I O N S : Board of Commissioners - February 6, 2023 ITEM: 3 Approved 5-0. Board of Commissioners - February 6, 2023 ITEM: 3 Dr. Charles Foust Ashley Sutton Superintendent Chief Financial Officer January 17, 2023 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: Board of Education approved the capital project transfer below at the January 10th regular board meeting. Capital Project Transfer Bond Program Projects below have been completed and have remaining budgets. The scope of work for these projects was accomplished for an amount less than the original construction cost estimate. Request approval to transfer $280,152.65 from bond projects listed below to bond program management (90041). This transfer will provide additional funding needed for salary and benefits of project managers through June 30, 2024. Northeast ES Project (90001) $32.10 Myrtle Grove MS Renovation Project (90010) $106,123.14 Wrightsville Beach ES Renovation Project (90011) $1,315.06 Bond Contingency (90042) $20,757 MC Williams Renovation Project (90051) $23,370.65 Bellamy ES Roof Project (90052) $128,554.70 Board of Commissioners - February 6, 2023 ITEM: 3 - 1 - 1 County Capital Appropriation (FY 2022) Projects below have been completed and have remaining budgets. The scope of work for these projects was accomplished for an amount less than the original construction cost estimate. Request approval to transfer $85,000 from projects listed below to fund a new project for DDC Master System Integration. This project as not included on a previous capital list. The need has been ongoing for many years, but the technological solutions haven’t been in place or necessarily available on the market to adequately address. NHCS has DDC systems in operation at nearly every building, but no comprehensive way to oversee the data being received because the controls systems are manufactured by different companies, and they all have independent operating systems. The “master system” that we need to implement will receive data from all the varying manufacturers and allow our maintenance personnel to see it in one complete package. The reason this is of high importance is because it involves the operation of HVAC equipment in our buildings. With reduced staffing, our maintenance department must rely on technological solutions to monitor/ troubleshoot problems to keep our schools operational. Roof Top Unit Replacement at Williston MS Project (90447) $76,107 Roof Top Unit Replacement at College Road Early Childhood Center Project (90448) $8,893 Paved Play Area Project Location Name Change (clerical error correction) Capital project 2023 for Paved Play Area was labeled with Bellamy as the location in error the location was Holly Shelter. Location description has been changed. Sincerely, Ashley Sutton, Chief Financial Officer Board of Commissioners - February 6, 2023 ITEM: 3 - 1 - 2 N E W H A N OV E R C O U N T Y B OA R D O F C O M M I S S I O N E R S R EQU E S T F O R B OA R D A C T I O N M E E T I N G DAT E : 2/6/2023 C o nsent D E PA R T M E N T: Tax P R E S E N T E R(S ): Allison Snell, Tax Administrator C O N TA C T (S ): Trina B axley, C ollecons S uperviso r S U B J EC T: A pprov al of O rder for A dver)sement of 2022 U n p aid Tax L iens on Real P roperty B R I E F S U M M A RY: Per N C G S 105- 369(a) and (b1), in February o f each year, the tax co llector must report to the governing bo dy the total amo unt of unpaid taxes for the current fi scal year that are liens on real pro perty. A county tax collecto r' s report is due the first Mo nday in February. T he go verning bo dy must order the tax co llector to adverse the tax liens. T he tax collecto r must send a noce to the reco rd owner of the affected parcel at the last known address at least 30 days prio r to the date o f adversement. T he tax co llector must publish each lien at least o ne me in o ne or more newspapers having general circulaon in the taxing unit. Adversements of tax liens shall be ma de during the period of March 1 thro ugh J une 30. S T R AT EGI C P L A N A L I G N M E N T: G ood G overnance S trong F inancial Performance P roacvely manage the county budget R EC O M M E N D E D M OT I O N A N D R EQU E S T E D A C T I O N S : Appro ve the order for adversement. AT TA C H M E N T S : Descripon Order for Advertisement of 2022 Unpaid Tax Liens on Real Property C O U N T Y M A N AG E R'S C O M M E N T S A N D R EC O M M E N DAT I O N S : (only M anag er) R ecommend approval. C O M M I S S I O N E R S ' A C T I O N S : Approved 5-0. Board of Commissioners - February 6, 2023 ITEM: 4 Order for Advertisement of 2022 Unpaid Tax Liens on Real Property As required by G.S. 105-369(a)and(b1) Advertisement of Unpaid Tax liens of Real Property It is hereby ordered that the Collector of Revenue provide the New Hanover County Board of commissioners a total of all unpaid real property taxes for the 2022-2023 fiscal year. The Collector of Revenue will cause to have published once in a local newspaper all unpaid 2022 tax liens on real property during the period prescribed by law. The advertisement will combine the liens of the County of New Hanover, City of Wilmington, Town of Kure Beach, Town of Wrightsville Beach, Town of Carolina Beach and the Fire District taxes thereon this 6th day of February, 2023. Real Property Taxes Unpaid for 2022-2023 New Hanover $6,803,569.74 Fire District $462,723.72 Debt Service $567,120.11 Wilmington $3,242,468.89 Wilmington MSD $34,654.40 Wrightsville Beach $120,648.55 Carolina Beach $297,165.36 Kure Beach $101,236.09 *YTD TOTAL $11,629,586.86 *YTD totals are from effective date 1/20/2023 ________________________________________ William E. Rivenbark, Chair Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - February 6, 2023 ITEM: 4 - 1 - 1 N E W H A N OV E R C O U N T Y B OA R D O F C O M M I S S I O N E R S R EQU E S T F O R B OA R D A C T I O N M E E T I N G DAT E : 2/6/2023 Regular D E PA R T M E N T: C o unty Manager P R E S E N T E R (S ): N ew Hanover C ounty Republican Party C O N TA C T (S ): C hris C oudriet, C ounty Manager S U B J EC T: A ppointment of Register of Deeds B R I E F S U M M A RY: T he Register of D eeds was vacated by resigna on effec ve J anuary 1, 2023. T he N ew Ha nover C ounty Republican Party no minates Mo rghan C ollins to assume the unexpired term. S T R AT EGI C P L A N A L I G N M E N T: G ood G overnance Effec ve County Management I ncreas e transparency and aw ar enes s about county ac ons R EC O M M E N D E D M OT I O N A N D R EQU E S T E D A C T I O N S : Make appointment and set an ini al salary. AT TA C H M E N T S : Descrip on Letter C O U N T Y M A N AG E R'S C O M M E N T S A N D R EC O M M E N DAT I O N S : (only M anag er) M ake appointment and set an initial salary. C O M M I S S I O N E R S ' A C T I O N S : Appointed M orghan Collins and set initial salary at $95,000 by a vote of 5-0. Board of Commissioners - February 6, 2023 ITEM: 5 Board of Commissioners - February 6, 2023 ITEM: 5 - 1 - 1 N E W H A N OV E R C O U N T Y B OA R D O F C O M M I S S I O N E R S R EQU E S T F O R B OA R D A C T I O N M E E T I N G DAT E : 2/6/2023 Regular D E PA R T M E N T: C o unty Manager P R E S E N T E R(S ): C hris C o udriet, C o unty Manager C O N TA C T (S ): C hris C oudriet S U B J EC T: S ec ond Reading: A dop)on of A mendment to N ew Hanover C ounty C ode of Ordinanc es C hapter 38 B R I E F S U M M A RY: N o te: T his item was originally co nsidered by the N ew Hanover C ounty B oard of C ommissioners at their regular mee ng on J a nuary 23, 2023. T he amendment to N ew Hanover C ounty C ode o f O rdinances C hapter 38 was appro ved by a vo te of four to one. Since a public hearing was not held on the ordinance amendment and the vo te was no t unanimous, a second rea ding and appro val by a simple majo rity is required in o rder for the amendment to be adopted and beco me law. Following is the B rief Summary as it appeared for the item o n J anua ry 23, 2023: O n September 19, 2022, the N ew Hanover C ounty B o ard o f C ommissioners approved the comprehensive program, kno wn a s Ge0ng Home, to address homelessness within the C ity of W ilmingto n. T his pro gram has pa ired social wo rkers from the N ew Hanover C ounty D epa rtment o f Social Services with law enforcement o fficers from the C ity o f W ilmington police department. Although this program is experienc ing success, the county is s ll facing challenges at its property bordered by T hird, Grace, C hestnut, and Seco nd Streets. T hese challenges include, but are not limited to, alleged criminal ac vity, li6ering, and use of outdoor and parking deck areas as restro o ms. I n order to be6er address these challenges, c o unty staff would like to propo se a mending C hapter 38 o f the N ew Hanover C ounty C o de o f O rdinances. Following is a summa ry o f the amendment: Sleeping o n county property will be prohibited from 10:00 p.m. to 7:00 a.m. I tems le: una6ended are subject to dispo sa l. Parking decks and parking lots are for parking and a sso c iated a c vi es o nly. E ntrances to co unty facili es and associated a rea s a re for ingress and egress o nly. T his ordinance will apply to all county owned and leased proper es. Parts o f this o rdinance do not apply to emergency ma na gement sheltering events, co unty emplo yees in the performance of their jo b du es, and the general public within a co unty facility for the purpose o f transac ng business. E xcep ons to this ordinance can be made by the county ma na ger or their designee. T his o rdinance will aid the co unty in keeping its pro per es safe, pro perly maintained, and a6rac ve. I f adopted, community o utreach will take pla c e to ensure poten ally impacted par es are aware of the o rdinance so they can comply bef o re enforcement takes place. B ecause this item is the ado p on o f an ordinanc e without a public hearing, it is required that the approva l be by unanimous vote in order to forgo a second reading a nd approva l. Board of Commissioners - February 6, 2023 ITEM: 6 S T R AT EGI C P L A N A L I G N M E N T: S uperior P ublic H ealth & S afety S us tain the community capacity to pr epare for and res pond to public s afety demands Collaborate to op mize s ys tem-w ide r es pons es and outcomes Reduce or prevent community r is ks R EC O M M E N D E D M OT I O N A N D R EQU E S T E D A C T I O N S : Adopt the propo sed ordinance amendment. AT TA C H M E N T S : Descrip on Proposed Ordinance Amendment C O U N T Y M A N AG E R'S C O M M E N T S A N D R EC O M M E N DAT I O N S : (only M anag er) R ecommend approval. C O M M I S S I O N E R S ' A C T I O N S : Approved 4-1, C ommissioner B arfield dissenting. Board of Commissioners - February 6, 2023 ITEM: 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS ORDINANCE AMENDING NEW HANOVER COUNTY CODE CHAPTER 38 WHEREAS, the intent of this ordinance, in conjunction with other county efforts through its Health and Human Services Department, is to provide for the safety and health of all its community members and to aid in keeping its properties safe, properly maintained, and attractive. NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners of New Hanover County, hereby ordains and enacts that New Hanover County Code, Chapter 38, Offenses and Miscellaneous Provisions, Article II, Offenses Against Property, be amended with the following new ordinances: Sec. 38-34. – Certain Prohibited Action on County Property. Unless otherwise expressly authorized by public signage or written permission of the County Manager or their designee, it shall be unlawful for any person to do any of the following on or within any property owned by or leased to the County: (a) Occupy, camp, sleep, or place, erect or utilize any tents, cooking equipment or bedding between the hours of 10:00 PM and 7:00 AM or such other times as prohibited by signage, rule, policy, regulation, or law; and (b) Personal effects, including but not limited to, clothing, food, bedding or eating equipment , shall not be left unattended; and (c) County parking deck(s) are for parking and associated activities; therefore, other uses are prohibited; and (d) Entrances to county facilities, and associated areas, are for ingress and egress to county facilities; therefore, other uses are prohibited; and (e) Surface parking lots are for parking and associated activities; therefore, other activities are prohibited; and (f) Subsections (a) and (b) of this section do not apply to emergency management sheltering events and county employees in the performance of their job duties; and (g) Subsection (b) of this section does not apply to the general public present within a county facility for the purpose of transacting business. Sec. 38-35. – Penalties. (a) Any person violating Sec. 38-34(a), (c), (d), and/or (e) may be subject to removal by law enforcement off the premises as a trespasser and be subject to those criminal sanctions set forth in Chapter 14 of the North Carolina General Statutes; and (b) For health and safety reasons, any personal effects left unattended pursuant to Sec. 38-34(b) may be deemed abandoned and forfeited to the County for disposal at its election. Except as specifically amended above, Chapter 38, Offenses and Miscellaneous Provisions, shall remain unaltered and in full force and effect. ADOPTED this the _____ day of ________________ 2023. NEW HANOVER COUNTY ____________________________________ William E. Rivenbark, Chair ATTEST: ____________________________________ Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - February 6, 2023 ITEM: 6 - 1 - 1 N E W H A N OV E R C O U N T Y B OA R D O F C O M M I S S I O N E R S R EQU E S T F O R B OA R D A C T I O N M E E T I N G DAT E : 2/6/2023 Regular D E PA R T M E N T: Health and Human Services P R E S E N T E R (S ): J o na tha n C ampbell, I nterim H ealth Directo r; and D o nna Fayko, Health and Human Services D irector C O N TA C T (S ): J onathan C ampbell and D onna Fayko S U B J EC T: C onsidera(on of Heart Health A wareness M on th P roclama(on B R I E F S U M M A RY: T he annual celebra!on o f H eart Health Awareness Mo nth began in 1963 to enco urage all Americans to join the ba+le against heart and cardiovascular disease. February is also the American Heart Asso cia!on's Go Red for Wo men campaign, because heart disease impa c ts women’s lives as much as it impacts men’s lives. N a !o na l Wear Red D ay f o r 2023 will be celebrated o n February 3, 2023. S T R AT EGI C P L A N A L I G N M E N T: G ood G overnance Effec!ve County Management I ncreas e transparency and aw ar enes s about county ac!ons R EC O M M E N D E D M OT I O N A N D R EQU E S T E D A C T I O N S : Adopt the proclama!on. AT TA C H M E N T S : Descrip!on Heart Health Awareness Month Proclamation C O U N T Y M A N AG E R'S C O M M E N T S A N D R EC O M M E N DAT I O N S : (only M anag er) R ecommend approval. C O M M I S S I O N E R S ' A C T I O N S : Approved 5-0. Board of Commissioners - February 6, 2023 ITEM: 7 NEW HANOVER COUNTY BOARD OF COMMISSIONERS HEART HEALTH AWARENESS MONTH PROCLAMATION WHEREAS, the annual celebration of Heart Health Awareness Month began in 1963 to encourage all Americans to join the battle against heart and cardiovascular disease; and WHEREAS, protecting heart health encompasses all cardiovascular health including risk for strokes and other cardiovascular conditions; and WHEREAS, one in three adult women has some form of cardiovascular disease, and heart disease is responsible for one in five adult deaths; and WHEREAS, nearly one in six adults with high blood pressure do not know that they have this risk factor for heart and cardiovascular disease; and WHEREAS, 80% of strokes can be prevented by adopting healthy habits; and WHEREAS, February is also the American Heart Association's Go Red for Women campaign, because heart disease impacts women’s lives as much as it impacts men’s lives; and WHEREAS, National Wear Red Day for 2023 will be celebrated on February 3, 2023; and WHEREAS, New Hanover County Health and Human Services is committed to reducing the risks and detrimental effects of heart and cardiovascular disease for all residents . NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that February 2023 will be recognized as “Heart Health Awareness Month” in New Hanover County. Citizens and community organizations are urged to join in this observance. ADOPTED this the 6th day of February, 2023. NEW HANOVER COUNTY ___________________________________ William E. Rivenbark, Chair ATTEST: ____________________________________ Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - February 6, 2023 ITEM: 7 - 1 - 1 N E W H A N OV E R C O U N T Y B OA R D O F C O M M I S S I O N E R S R EQU E S T F O R B OA R D A C T I O N M E E T I N G DAT E : 2/6/2023 Regular D E PA R T M E N T: C ounty Manager P R E S E N T E R(S ): S c o S aerfield, C EO, W ilmington B usiness Development C O N TA C T (S ): L isa Wurtzbacher, Assistant C ounty Ma na ger and J ennif er R igby, C hief Strategy O ffi cer S U B J EC T: C onsidera(on of an O ffer to P urchase 6.25 A cres in the B lue C lay B usiness Park and A ssociated U pset Bid P rocess B R I E F S U M M A RY: W ilmington B usiness D evelo pment and county staff are reco mmending the B o ard o f C o mmissio ners (B oard) accept an off er from L AS Proper+es, L L C , an affiliate of Francini I nc., for the purc ha se o f 6.25 aces, mo re o r less, in the B lue C lay B usiness Park, along with a 4-year o p+on to purchase an addi+o nal 7.06 a c res, more or less. T his pro perty, along with the o p+oned pro perty, is subject to the covenants placed on the business park pro perty including limita +o ns on the beginning and comple+on of construc+on of the impro vements to the property. T he o ffer pric e for this pro perty, including the op+o ned property, is $40,000 per acre. For the ini+al 6.25 acres, that price is $250,000. A ma p o f the subject property is included as an aachment to this agenda item. S taff is reco mmending that this o ffer be no+ced to begin an upset bid pro cess. T hrough the upset bid process, the o ffero r will be required to deposit 5% o f the bid with the clerk, or $12,500, when the o ffer is accepted by the B o ard. O nce the no +ce has been published, any person may raise the bid within 10 days by no t less tha n 10% o f the first $1,000 and 5% of the remainder. W hen no further qualifying bids a re rec eived, staff is reques+ng that the B o ard delegate the autho rity to accept the o ffer and sell to the highest bidder to the c o unty manager. S T R AT EGI C P L A N A L I G N M E N T: I ntelligent G row th & Economic D evelopment L everage public infras tructure to encour age pr ivate inv es tment A lign services and infras tructure to s upport bus ines s gr ow th R EC O M M E N D E D M OT I O N A N D R EQU E S T E D A C T I O N S : 1. Accept L A S Proper+es, L L C 's offer, subject to the upset bid process, to purchase the ini+al approximate 6.25 acres for $40,000 per acre, with a 4-year op+on to purc ha se an addi+onal 7.06 acres at the same price o f $40,000 per acre. 2. Autho rize staff to ini+ate and complete the upset bid pro c ess in accordance with N C General Statutes. 3. Autho rize the co unty manager and the county ao rney to prepa re and execute all necessary do cuments to transfer ownership of the appro ximate 6.25 acres to the highest bidder, at a minimum price o f $40,000 per acre, with a 4-year op+o n to purchase an addi+onal 7.06 acres at a minimum price o f $40,000 per acre. AT TA C H M E N T S : Descrip+on Draft Agreement For Purchase & Sale of Real Property Map Board of Commissioners - February 6, 2023 ITEM: 8 C O U N T Y M A N AG E R'S C O M M E N T S A N D R EC O M M E N DAT I O N S : (only M anag er) R ecommend approval. C O M M I S S I O N E R S ' A C T I O N S : Approved 5-0. Board of Commissioners - February 6, 2023 ITEM: 8 AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY THIS AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY, including any and all addenda attached hereto ("Agreement"), is by and between LAS Properties, LLC, a Utah limited liability company ("Buyer"), and New Hanover County, a political subdivision of the State of North Carolina ("Seller"). FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH HEREIN AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS: Section 1. Terms and Definitions: The terms listed below shall have the respective meaning given them as set forth adjacent to each term. (a) "Property": A portion of 4011/4101 Blue Clay Road, Castle Hayne, North Carolina (Tax Parcel Numbers R02600-002- 005-000 and R02600-002-005-003), consisting of approximately 6.25 acres and as more particularly shown as Parcel A in Exhibit A attached hereto. @ If this box is checked, "Property" shall mean that property described on Exhibit A attached hereto and incorporated herewith by reference. together with all buildings and improvements thereon and all fixtures and appurtenances thereto and all personal property, if any, itemized on Exhibit B. $250,000.00 $12,500.00 $N/A (b) "Purchase Price" shall mean the sum of Two Hundred Fifty Thousand and 00/100 Dollars ($250,000.00), subject to adjustment based upon a price of $40,000.00 per acre and the actual acreage as subdivided pursuant to the tenns hereof, payable on the following terms: (i) "Earnest Money" shall mean Twelve Thousand Five Hundred and 00/100 Dollars ($12,500.00). The Earnest Money shall be paid to the Seller within one (1) business day of the Contract Date, or such sooner time as Seller requires, to be applied as part payment of the Purchase Price of the Property at Closing or disbursed as agreed upon under the provisions of Section 10 herein. Should Buyer fail to deliver the Earnest Money by the date required hereunder, or should any check or other funds paid by Buyer be dishonored, for any reason, by the institution upon which the payment is drawn, Buyer shall have one (1) banking day after written notice of such dishonor to deliver cash, official banl< check, wire transfer or electronic transfer to the Seller. If Buyer fails to deliver the required funds within one (1) banking day after written notice, then Seller may terminate this Agreement by written notice to Buyer at any time thereafter. a ANY EARNEST MONEY DEPOSITED BY BUYER IN A TRUST ACCOUNT MAY BE PLACED IN AN INTEREST BEARING TRUST ACCOUNT, AND: (check only ONE box) a ANY INTEREST EARNED THEREON SHALL BE APPLIED AS PART PAYMENT OF THE PURCHASE PRICE OF THE PROPERTY AT CLOSING, OR DISBURSED AS AGREED UPON UNDER THE PROVISIONS OF SECTION 10 HEREIN. (Buyer's Taxpayer Identification Numberis:_1 a ANY INTEREST EARNED THEREON SHALL BELONG TO THE ACCOUNT HOLDER IN CONSIDERATION OF THE EXPENSES INCURRED BY MAINTAINING SUCH ACCOUNT AND RECORDS ASSOCIATED THEREWITH. (ii) Delivery of a promissory note secured by a deed of trust, said promissory note in the amount of Dollars being payable over a term of years, with an amortization period of years, payable in monthly installments of principal, together with accrued interest on the outstanding principal balance at the rate Page 1 of 11 Buyer Initials Seller Initials STANDARD FORM 580-T Revised 3/2021 © 3/2021 ModifiedBoard of Commissioners - February 6, 2023 ITEM: 8 - 1 - 1 of percent Q _%) per annum in the amount of $_ $237,500.00 _, with the first principal payment beginning on the first day of the month next succeeding the date of Closing, or such other terms as may be set forth on Exhibit B. At any time, the promissory note may be prepaid in whole or in part without penalty and without further interest on the amounts prepaid from the date of such prepayment. (NOTE: In the event of Buyer's subsequent default upon a promissory note and deed of trust given hereunder, Seller's remedies may be limited to foreclosure of the Property. If the deed of trust given hereunder is subordinated to senior financing, the material terms of such financing must be set forth on Exhibit B. If such senior financing is subsequently foreclosed, the Seller may have no remedy to recover under the note.) (iii) Cash, balance of Purchase Price, at Closing in the amount of Two Hundred Thirty-Seven Thousand Five Hundred and 00/100 Dollars ($237,500.00), subject to adjustment based upon a price of $40,000.00 per acre and the actual acreage as subdivided pursuant to the terms hereof. Buyer, at Buyer's expense, shall be entitled to pursue qualification for and approval of any loan Buyer intends to obtain in connection with the transaction contemplated by this Agreement. (Note: Buyer's obligations under this Agreement are not conditioned upon obtaining or closing any loan. Therefore, Buyer is advised to consult with Buyer's lender prior to signing this offer to assure that the Examination Period allows sufficient time for Buyer's lender to provide Buyer sufficient information to decide whether to proceed with or terminate the transaction.) (c) "Closing" shall mean the date of completion of the process detailed in Section 11 of this Agreement. Closing shall occur on or before that date which is thirty (30) days following the expiration of the Examination Period. (d) "Contract Date" means the later of (i) the date this Agreement has been fully executed by both Buyer and Seller and (ii) the date which is 11 days after any last upset bid filed pursuant to the upset bid requirements ofN.C.G.S. Sections 153A-163 and 160A-269 as provided in Exhibit B. (e) "Examination Period" shall mean the period beginning on the first day after the Contract Date and extending through 5:00pm (based upon time at the locale of the Property) on the earlier of the date of receipt by Buyer of a title commitment reasonably satisfactory to Buyer and the date which is ninety (90) days after the Contract Date. TIME IS OF THE ESSENCE AS TO THE EXAMINA TION PERIOD. (f) "Broker(s)" shall mean: N/A ("Listing Agency"), N/A ("Listing Agent" - License # N/A) and Coldwell Banker Sea Coast Advantage ("Selling Agency" - License # C9314), Sherwood Strickland ("Selling Agent" - License # 212792) (g) "Seller's Notice Address" shall be as follows: 230 Government Center Drive, Suite 195, Wilmington, North Carolina 28403, Attention: Lisa Wurtzbacher e-mail address: lwurtzbacher@,nhcgov.com fax number: 910.798.7277 except as same may be changed pursuant to Section 12. 'Buyer's Notice Address" shall be as follows: 406 Landmark Drive, Wilmington, North Carolina 28412, Attention: Sean Banester e-mail address: sean@,francinimarble.com fax number: 910.392.3622 except as same may be changed pursuant to Section 12. @ (i) If this block is marked, additional terms of this Agreement are set forth on Exhibit B attached hereto and incoi-porated herein by reference. (Note: Under North Carolina law, real estate agents are not permitted to draft conditions or contingencies to this Agreement.) Page 2 of 11 (h)(( Buyer Initials Seller Initials STANDARD FORM 580-T Revised 3/2021 © 3/2021 IV/T^rl; f.o/1 Board of Commissioners - February 6, 2023 ITEM: 8 - 1 - 2 a (j) If this block is marked, additional terms of this Agreement are set forth on the Additional Provisions Addendum (Form 581-T) attached hereto and incorporated herein by reference. D (k) If this block is marked, additional terms of this Agreement are set forth on the Back Up Agreement Addendum (Fonn 581A-T) attached hereto and incorporated herein by reference. Section 2. Sale of Property and Payment of Purchase Price: Seller agrees to sell and Buyer agrees to buy the Property for the Purchase Price, subject to the terms hereof. Section 3. Proration of Expenses and Payment of Costs: Seller and Buyer agree that all property taxes (on a calendar year basis), leases, rents, mortgage payments and utilities or any other assumed liabilities as detailed on attached Exhibit B, if any, shall be prorated as of the date of Closing. Seller shall pay for preparation of a deed and all other documents necessary to perform Seller's obligations under this Agreement, excise tax (revenue stamps), any deferred or rollback taxes, and other conveyance fees or taxes required by law, any fees required for confinning Seller's account payment information on owners' association dues or assessments for payment or proration; any fees imposed by an owners' association and/or a management company as agent of the owners' association in connection with the transaction contemplated by this Agreement other than those fees required to be paid by Buyer in this Section 3 below, and the following: NONE. Buyer shall pay recording costs, costs of any title search, title insurance, survey, the cost of any inspections or investigations undertaken by Buyer under this Agreement, charges required by an owners' association declaration to be paid by Buyer for Buyer's future use and enjoyment of the Property, including, without limitation, working capital contributions, membership fees, or charges for Buyer's use of the common elements and/or services provided to Buyer, any costs or charges for determining restrictive covenant compliance, and the following: NONE. Each party shall pay its own attorney's fees. Section 4. Deliveries: Seller agrees to use best efforts to deliver to Buyer, as soon as reasonably possible after the Contract Date, copies of all material information relevant to the Property in the possession of Seller, including but not limited to: title msurance policies (and copies of any documents referenced therein), surveys, soil test reports, environmental surveys or reports, site plans, civil drawings, building plans, maintenance records and copies of all presently effective warranties or service contracts related to the Property. Seller authorizes (1) any attorney presently or previously representing Seller to release and disclose any title insurance policy in such attorney's file to Buyer and both Buyer's and Seller's agents and attorneys; and (2) the Property's title insurer or its agent to release and disclose all materials in the Property's title insurer's (or title insurer's agent's) file to Buyer and both Buyer's and Seller's agents and attorneys. If Buyer does not consummate the Closing for any reason other than Seller default, then Buyer shall return to Seller all hard copy materials delivered by Seller to Buyer pursuant to this Section 4 (or Section 7, if applicable), if any, and shall, upon Seller's request, following release of the Earnest Money, provide to Seller copies of (subject to the ownership and copyright interests of the prepare!- thereof) any and all studies, reports, surveys and other infonnation relating directly to the Property prepared by or at the request of Buyer, its employees and agents, without any wan-anty or representation by Buyer as to the contents, accuracy or correctness thereof. Notwithstanding the above provisions regarding delivery and return of information and documentation, should there exist a separate non-disclosure, confidentiality, or similar agreement between Buyer and Seller, the terms of which conflict with this provision insofar as delivery and return of infonnation and documentation, then the terms of such non-disclosure, confidentiality, or similar agreement shall control as to the delivery and return of information and documentation. Section 5. Evidence of Title: Seller agrees to convey fee simple insurable title to the Property without exception for mechanics' liens, free and clear of all liens, encumbrances and defects of title other than: (a) zoning ordinances affecting the Property, (b) Leases (as defined in Section 7, if applicable) and (c) specific instruments on the public record at the Contract Date agreed to by Buyer (not objected to by Buyer prior to the end of the Examination Period), which specific instruments shall be enumerated in the deed referenced in Section 11 (items 5(a), 5(b) and 5(c) being collectively "Permitted Exceptions"); provided that Seller shall be required to satisfy, at or prior to Closing, any encumbrances that may be satisfied by the payment of a fixed sum of money, such as deeds of trust, mortgages or statutory liens. Seller shall not enter into or record any instrument that affects the Property (or any personal property listed on Exhibit A) after the Contract Date without the prior written consent of Buyer, which consent shall not be unreasonably withheld, conditioned or delayed. Section 6. Conditions: This Agreement and the rights and obligations of the parties under this Agreement are hereby made expressly conditioned upon fulfillment (or waiver by Buyer, whether explicit or implied) of the following conditions: (a) Title Examination: After the Contract Date, Buyer shall, at Buyer's expense, cause a title examination to be made of the Page 3 of 11 Buyer Initials Seller Initials STANDARD FORM 580-T Revised 3/2021 © 3/2021 TV/1/^rIi-fi^rl Board of Commissioners - February 6, 2023 ITEM: 8 - 1 - 3 Property before the end of the Examination Period. In the event that such title examination shall show that Seller's title is not fee simple insurable, subject only to Permitted Exceptions, then Buyer shall promptly notify Seller in writing of all such title defects and exceptions, in no case later than the end of the Examination Period, and Seller shall have thirty (30) days to cure said noticed defects. If Seller does not cure the defects or objections within thirty (30) days of notice thereof, then Buyer may terminate this Agreement and receive a return of Earnest Money (notwithstanding that the Examination Period may have expired). If Buyer is to purchase title insurance, the insuring company must be licensed to do business in the state in which the Property is located. Title to the Property must be insurable at regular rates, subject only to standard exceptions and Permitted Exceptions. (b) Same Condition: If Seller has caused the Property not to be in substantially the same condition at Closing as of the date of the offer, reasonable wear and tear excepted, then the Buyer may (i) terminate this Agreement and receive a return of the Earnest Money or (ii) proceed to Closing whereupon Buyer shall be entitled to receive, in addition to the Property, any of the Seller's insurance proceeds payable on account of the damage or destruction applicable to the Property. (c) Inspections: Buyer, its agents or representatives, at Buyer's expense and at reasonable times during nonnal business hours, shall have the right to enter upon the Property for the purpose of inspecting, examining, conducting timber cruises, and surveying the Property; provided, however, that Buyer shall not conduct any invasive testing of any nature without the prior express written approval of Seller as to each specific invasive test intended to be conducted by Buyer. Buyer shall conduct all such on-site inspections, examinations, testing, timber cruises and surveying of the Property in a good and workmanlike manner, at Buyer's expense, shall repair any damage to the Property caused by Buyer's entry and on-site inspections and shall conduct same in a manner that does not unreasonably interfere with Seller's or any tenant's use and enjoyment of the Property. In that respect, Buyer shall make reasonable efforts to undertake on-site inspections outside of the hours Seller's or any tenant's business is open to the public. Buyer shall provide Seller or any tenant (as applicable) reasonable advance notice of and Buyer shall cause its agents or representatives and third-party service providers (e.g. inspectors, surveyors, etc.) to give reasonable advance notice of any entry onto the Property. Buyer shall be obligated to observe and comply with any terms of any tenant lease which conditions access to such tenant's space at the Property. Upon Seller's request, Buyer shall provide to Seller evidence of general liability insurance. Buyer shall also have a right to review and inspect all contracts or other agreements affecting or related directly to the Property and shall be entitled to review such books and records of Seller that relate directly to the operation and maintenance of the Property, provided, however, that Buyer shall not disclose any information regarding this Property (or any tenant therein) unless required by law, and the same shall be regarded as confidential, to any person, except to its attorneys, accountants, lenders and other professional advisors, in which case Buyer shall obtain their agreement to maintain such confidentiality. Buyer assumes all responsibility for the acts of itself and its agents or representatives in exercising its rights under this Section 6(c) and agrees to indemnify and hold Seller harmless from any damages resulting therefrom. This indemnification obligation of Buyer shall survive the Closing or earlier termination of this Agreement. Except as provided in Section 6(b) above, Buyer shall have from the Contract Date through the end of the Examination Period to perform the above inspections, examinations and testing. IF BUYER CHOOSES NOT TO PURCHASE THE PROPERTY, FOR ANY REASON OR NO REASON, AND PROVIDES WRITTEN NOTICE TO SELLER THEREOF PRIOR TO THE EXPIRATION OF THE EXAMINATION PERIOD, THEN THIS AGREEMENT SHALL TERMINATE, AND BUYER SHALL RECEIVE A RETURN OF THE EARNEST MONEY. Section 7. Leases (Check one of the following, as applicable): @ If this box is checked, Seller affimiatively represents and warrants that there are no leases affecting the Property. a If this box is checked, Seller discloses that there are one or more leases affecting the Property, and the following provisions are hereby made a part of this Agreement. (a) A list of all Leases shall be set forth on Exhibit B. Seller represents and warrants that, as of the Contract Date, there are no other Leases, oral or written, recorded or not, nor any subleases affecting the Property, except as set forth on Exhibit B; (b) Seller shall deliver copies of any Leases to Buyer pursuant to Section 4 as if the Leases were listed therein; (c) Seller represents and warrants that, as of the Contract Date, there are no current defaults (or any existing situation which, with the passage of time, or the giving of notice, or both, or at the election of either landlord or tenant, could constitute a default) either by Seller, as landlord, or by any tenant under any Lease ("Lease Default"). In the event there is any Lease Default as of the Contract Date, Seller agrees to provide Buyer with a detailed description of the situation in accordance with Section 4. Seller agrees not to commit a Lease Default as Landlord after the Contract Date; and agrees further to notify Buyer immediately in the event a Lease Default arises or is claimed, asserted or threatened to be asserted by either Seller or a tenant under the Lease. (d) In addition to the conditions provided in Section 6 of this Agreement, this Agreement and the rights and obligations of Page 4 of 11 Buyer Initials Seller Initials STANDARD FORM 580-T Revised 3/2021 © 3/2021 l\/In^ .fieri Board of Commissioners - February 6, 2023 ITEM: 8 - 1 - 4 the parties under this Agreement are hereby made expressly conditioned upon the assignment of Seller's interest in any Lease to Buyer in form and content acceptable to Buyer (with tenant's written consent and acknowledgement, if required under the Lease), Seller agrees to deliver an assignment of any Lease at or before Closing, with any security deposits held by Seller under any Leases to be transferred or credited to Buyer at or before Closing. The assignment shall provide: (i) that Seller shall defend, indemnify and hold Buyer harmless from claims, losses, damages and liabilities (including, without limitation, court costs and attorneys' fees) asserted against or incurred by Buyer which are caused by or the result of any default by Seller under any Lease prior to the date of Closing, and (ii) that Buyer shall defend, indemnify and hold Seller harmless from claims, losses, damages and liabilities (including, without limitation, court costs and attorneys' fees) asserted against or incurred by Seller which are caused by or the result of any default by Buyer under any Lease after the date of Closing. (e) Seller also agrees to work diligently to obtain any tenant signatures on any estoppel certificates in such form as Buyer may reasonably request and to work diligently to obtain any subordination, nondisturbance and attomment agreements in such fonn as Buyer may reasonably request. Section 8. Environmental: Seller represents and warrants that it has no actual knowledge of the presence or disposal, except as in accordance with applicable law, within the buildings or on the Property of hazardous or toxic waste or substances, which are defined as those substances, materials, and wastes, including, but not limited to: those substances, materials and wastes listed in the United States Department of Transportation Hazardous Materials Table (49 CFR Part 172.101) or by the Environmental Protection Agency as hazardous substances (40 CFR Part 302.4) and amendments thereto, or such substances, materials and wastes, which are or become regulated under any applicable local, state or federal law, including, without limitation, any material, waste or substance which is (i) petroleum, (ii) asbestos, (iii) polychlorinated biphenyls, (iv) designated as a Hazardous Substance pursuant to Section 311 of the Clean Water Act of 1977 (33 U.S.C. §1321) or listed pursuant to Section 307 of the Clean Water Act of 1977 (33 U.S.C. §1317), (v) defined as a hazardous waste pursuant to Section 1004 of the Resource Conservation and Recovery Act of 1976 (42 U.S.C. §6903) or (vi) defined as a hazardous substance pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. §9601). Seller has no actual knowledge of any contamination of the Property from such substances as may have been disposed of or stored on neighboring tracts. Section 9. Risk of Loss/Damage/Repair: Until Closing, the risk of loss or damage to the Property, except as otherwise provided herein, shall be borne by Seller. Except as to maintaining the Property in its same condition, Seller shall have no responsibility for the repair of the Property, including any improvements, unless the parties hereto agree in writing. Section 10. Earnest Money Disbursement: In the event that any condition hereto is not satisfied, then the Earnest Money shall be refunded to Buyer. In the event of breach of this Agreement by Seller, the Earnest Money shall be refunded to Buyer upon Buyer's request, but such return shall not affect any other remedies available to Buyer for such breach including but not limited to specific perfonnance of this Agreement. In the event of breach of this Agreement by Buyer, the Earnest Money shall be retained by Seller as liquidated damages and as Seller's sole and exclusive remedy for such breach, but without limiting Seller's rights under Section 22 of this Agreement. It is acknowledged by the parties that retention of the Earnest Money by Seller in the event of a breach of this Agreement by Buyer is compensatory and not punitive, such amount being a reasonable estimation of the actual loss that Seller would incur as a result of such breach. The retention of the Earnest Money by Seller shall not constitute a penalty or forfeiture but actual compensation for Seller's anticipated loss, both parties acknowledging the difficulty detennining Seller's actual damages for such breach. Section 11. Closing Documents: At or before Closing, Seller shall deliver to Buyer a General Warranty Deed with a legal description using reference to a map prepared for the Property by Seller's surveyor, and mutually agreeable to Buyer and Seller, to be recorded prior to Closing, and other documents customarily executed or delivered by a seller in similar transactions, including without limitation, a bill of sale for any personalty listed on Exhibit B, an owner's affidavit, lien waiver fonns (and such other lien related documentation as shall permit the Property to be conveyed free and clear of any claim for mechanics' liens) and a non-foreign status affidavit (pursuant to the Foreign Investment in Real Property Tax Act), and Buyer shall cause to be delivered the funds necessary to pay to Seller the Purchase Price. The Closing shall be conducted by Buyer's attorney or handled in such other manner as the parties hereto may mutually agree in writing. Possession shall be delivered at Closing, unless otherwise agreed herein. The Purchase Price and other funds to be disbursed pursuant to this Agreement shall not be disbursed until the Buyer's attorney's (or other designated settlement agent's) receipt of authorization to disburse all necessary funds. Section 12. Notices: Unless otherwise provided herein, all notices and other communications which may be or are required to be given or made by any party to the other in connection herewith shall be in writing (which shall include electronic mail) and shall be deemed to have been properly given and received (i) on the date delivered in person or (ii) the date deposited in the United States mail, registered or certified, return receipt requested, to the addresses set out in Section l(g) as to Seller, and in Section l(h) as to Buyer, or at such other addresses as specified by written notice delivered in accordance herewith, (iii) at such time as the sender Page 5 of 11 Buyer Initials Seller Initials STANDARD FORM 580-T Revised 3/2021 © 3/2021 l\/Inr1;f;orl Board of Commissioners - February 6, 2023 ITEM: 8 - 1 - 5 performs the final act.to send such transmission, in a form capable of being processed by the receiving party's system, to any electronic mail address or facsimile number, if any, provided in Section l(g) as to Seller, and in Section l(h) as to Buyer or (iv) on the date deposited with a recognized overnight delivery service, addressed to the addresses set out in Section 1 (g) as to Seller, and in Section 1 (h) as to Buyer, or at such other addresses as specified by written notice delivered in accordance herewith. If a notice is sent by more than one method, it will be deemed received upon the earlier of the dates of receipt pursuant to this Section. Section 13. Counterparts; Entire Agreement: This Agreement may be executed in one or more counterparts, which taken together, shall constitute one and the same original document. Copies of original signature pages of this Agreement may be exchanged via facsimile or e-mail, and any such copies shall constitute originals. This Agreement constitutes the sole and entire agreement among the parties hereto and no modification of this Agreement shall be binding unless in writing and signed by all parties hereto. The invalidity of one or more provisions of this Agreement shall not affect the validity of any other provisions hereof and this Agreement shall be construed and enforced as if such invalid provisions were not included. Section 14. Enforceability: This Agreement shall become a contract when signed by both Buyer and Seller and such signing is communicated to both parties; it being expressly agreed that notice given in accordance with Section 12 is not required for effective communication for the purposes of this Section 14. The parties acknowledge and agree that: (i) the initials lines at the bottom of each page of this Agreement are merely evidence of their having reviewed the terms of each page, and (ii) the complete execution of such initials lines shall not be a condition of the effectiveness of this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties, their heirs, successors and assigns and their personal representatives. Section 15. Adverse Information and Compliance with Laws: (a) Seller Knowledge/Assessments: Seller has no actual knowledge of (i) condemnation(s) affecting or contemplated with respect to the Property; (ii) except for the Lawsuit, actions, suits or proceedings pending or threatened against the Property; (iii) changes contemplated in any applicable laws, ordinances or restrictions affecting the Property; or (iv) governmental special assessments, either pending or confirmed, for sidewalk, paving, water, sewer, or other improvements on or adjoining the Property, and no pending or confirmed owners' association special assessments, except as follows (Insert "None" or the identification of any matters relating to (i) through (iv) above, if any): None. Note: For purposes of this Agreement: (i) a "special assessment" is defined as a charge against the Property by a governmental authority in addition to ad valorem taxes and recurring governmental service fees levied with such taxes, or by an owners' association in addition to any regular assessment (dues), either of which may be a lien against the Property; a special assessment may be either pending or confirmed; (ii) .a "confirmed" special assessment is defined as an assessment that has been approved by a governmental agency or an owners' association for the purpose(s) stated, whether, at the time of Closing, it is payable in a lump sum or future installments; (iii) a "pending" special assessment is defined as an assessment that is under formal consideration by a govermnental agency or an owners' association but which has not been approved prior to Closing. Seller shall pay, in full at Closing, all confirmed governmental or association special assessments, provided that the amount thereof can be reasonably determined or estimated. The payment of such determined or estimated amount shall be the final payment between Buyer and Seller as to any confinned special assessments. If the amount of any special assessment cannot be reasonably determined or estimated, the special assessment shall be deemed a pending special assessment. Buyer shall take title subject to all pending special assessments disclosed by Seller herein, if any. (b) Compliance: To Seller's actual knowledge, (i) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions pertaining to or affecting the Property; (ii) performance of the Agreement will not result in the breach of, constitute any default under or result in the imposition of any lien or encumbrance upon the Property under any agreement or other instrument to which Seller is a party or by which Seller or the Property is bound; and (iii) except for the Lawsuit, there are no legal actions, suits or other legal or administrative proceedings pending or threatened against the Property, and Seller is, not aware of any facts which might result in any such action, suit or other proceeding. (c) Owners' Association: If the Property is subject to regulation by an owners' association. Seller shall deliver the following infomiation to Buyer pursuant to Section 4 as if the same were listed therein (or Seller shall state that Seller does not have same in their possession or that such item is not applicable): (i) the name of the owners' association; (ii) the amount of regular assessments (dues); (iii) the name, address and telephone number of the president of the owners' association or of the association manager or management company; (iv) the owners' association website address; (v) the Seller's statement of account; (vi) the master insurance policy showing the coverage provided and the deductible amount; (vii) copies of any Declaration and/or Restrictive Covenants; (viii) the Rules and Regulations, (ix) the Articles of Incorporation and Bylaws of the owners' association; (x) the current financial statement and budget of the owners' association; (xi) the parking restrictions and information; and (xii) the architectural guidelines. Seller Page 6 of 11 Buyer Initials Seller Initials STANDARD FORM 580-T Revised 3/2021 © 3/2021 TV/I/^rIIfiQrl I Board of Commissioners - February 6, 2023 ITEM: 8 - 1 - 6 authorizes and directs any owners' association, any management company of the owners' association, any insurance company and any attorney who has previously represented the Seller to release to Buyer, Buyer's agents, representative, closing attorney or lender true and accurate copies of the foregoing items affecting the Property, including any amendments thereto. Section 16. Survival of Representations and Warranties: All representations, warranties, covenants and agreements made by the parties hereto shall survive the Closing and delivery of the deed. Seller shall, at or within twelve (12) months after the Closing, and without further consideration, execute, acknowledge and deliver to Buyer such other documents and instruments, and take such other action as Buyer may reasonably request or as may be necessary to more effectively transfer to Buyer the Property described herein in accordance with this Agreement. Section 17. Applicable Law: This Agreement shall be construed under the laws of the state in which the Property is located. form has only been approved for use in North Carolina. This Section 18. Assignment: Buyer may not assign Buyer's right, title and interest nor duties or responsibilities in and to this Agreement at any time prior to Closing to any party without the prior written consent of Seller, which consent shall not be unreasonably withheld, conditioned or delayed. Section 19. Tax-Deferred Exchange: In the event Buyer or Seller desires to effect a tax-deferred exchange in connection with the conveyance of the Property, Buyer and Seller agree to cooperate in effecting such exchange; provided, however, that the exchanging party shall be responsible for all additional costs associated with such exchange, and provided further that a non-exchanging party shall not assume any additional liability with respect to such tax-deferred exchange. Seller and Buyer shall execute such additional documents, at no cost to the non-exchanging party, as shall be required to give effect to this provision. Section 20. Memorandum of Contract: Upon request by either party, the parties hereto shall execute a memorandum of contract in recordable form setting forth such provisions hereof (other than the Purchase Price and other sums due) as either party may wish to incorporate. Such memorandum of contract shall contain a statement that it automatically terminates and the Property is released from any effect thereby as of a specific date to be stated in the memorandum (which specific date shall be no later than the date of Closing). The cost of recording such memorandum of contract shall be borne by the party requesting execution of same. Section 21. Authority: Each signatory to this Agreement represents and warrants that he or she has full authority to sign this Agreement and such instruments as may be necessary to effectuate any transaction contemplated by this Agreement on behalf of the party for whom he or she signs and that his or her signature binds such party. Section 22. Brokers: Except as expressly provided herein, Buyer and Seller agree to indemnify and hold each other hannless from any and all claims of brokers, consultants or real estate agents by, through or under the indemnifying party for fees or commissions arising out of the sale of the Property to Buyer. Buyer and Seller represent and warrant to each other that: (i) except as to the Brokers designated under Section l(f) of this Agreement, they have not employed nor engaged any brokers, consultants or real estate agents to be involved in this transaction and (ii) that the compensation of the Brokers is established by and shall be governed by separate agreements entered into as amongst the Brokers, the Buyer and/or the Seller. Section 23. Attorneys Fees: If legal proceedings are instituted to enforce any provision of this Agreement, the prevailing party in the proceeding shall be entitled to recover from the non-prevailing party reasonable attorneys fees and court costs incurred in connection with the proceeding. a EIFS/SYNTHETIC STUCCO: If the adjacent box is checked, Seller discloses that the Property has been clad previously (either in whole or in part) with an "exterior insulating and finishing system" commonly known as "EIFS" or "synthetic stucco". Seller makes no representations or warranties regarding such system and Buyer is advised to make its own independent determinations with respect to conditions related to or occasioned by the existence of such materials at the Property. [Signatures appear on the following page.] Page 7 of 11 Buyer Initials Seller Initials STANDARD FORM 580-T Revised 3/2021 © 3/2021 I\4*-krli-flr>rl I Board of Commissioners - February 6, 2023 ITEM: 8 - 1 - 7 THE NORTH CAROLINA ASSOCIATION OF REALTORS®, INC. AND THE NORTH CAROLINA BAR ASSOCIATION MAKE NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. BUYER: Individual SELLER: Individual Date:Date: Entity LAS PROPERTIES, LLC By: Entity NEW HANOVER COUNTY By: Name: Title: Date: Name: Title: Date: Page 8 of 11 STANDARD FORM 580-T Revised 3/2021 © 3/2021 Modified Board of Commissioners - February 6, 2023 ITEM: 8 - 1 - 8 EXHIBIT "A" See diagram attached Page 9 of 11 STANDARD FORM 580-T Revised 3/2021 © 3/2021 Modified Board of Commissioners - February 6, 2023 ITEM: 8 - 1 - 9 .A I?EXHIBIT "B" This Addendum (the "Addendum") is attached to and made part of that certain Agreement for Purchase and Sale of Real Property between New Hanover County, a political subdivision of the State of North Carolina, as Seller, and LAS Properties, LLC, a Utah limited liability company, as Buyer, for the purchase and sale of 6.25 acres, more or less, (the "Property") as is more particularly described in the Agreement for Purchase and Sale of Real Property. Seller and Buyer may hereinafter be referred to collectively as the "Parties" and individually as a "Party." IN THE EVENT ANY PROVISION OF THIS ADDENDUM CONFLICTS IN WHOLE OR IN PART WITH THE TERMS OF THE REAL ESTATE CONTRACT TO WHICH IT IS ATTACHED, OR ANY OTHER ADDENDA TO THE REAL ESTATE CONTRACT, THE PROVISIONS OF THIS ADDENDUM WILL CONTROL UNLESS IN CONFLICT WITH APPLICABLE LAWS. The Agreement for Purchase and Sale of Real Property and this Addendum shall be referred to collectively as the "Contract" or the "Agreement". 1. Upset Bid Procedure. This Agreement shall be expressly subject to and conditioned upon the upset bid procedures set forth in N.C.G.C. Sections 153A-163 and 160A-269, including any additional deposits which may be required pursuant to such statutes. 2. Subdivision. This Agreement is expressly subject to and conditioned upon Seller's subdivision of the Property by the recording of a subdivision map of the Property. 3. Access, Utilities and Infrastructure. This Agreement is expressly subject to and conditioned upon the granting by Seller to Buyer of written, recorded, legal and valid easements for access and utilities reasonably satisfactory to Buyer to the Property at Closing, and the completion of all infrastructure for access and utilities to the Property from Blue Clay Road and the nearest completed public infrastructure, which is estimated to be completed by February 1, 2024; provided that in the event such infrastructure is not completed within twelve (12) months of the Closing, the time period for Buyer's commencement of construction on the Property under the Blue Clay Road Business Park covenants shall be automatically tolled until such time as such infrastructure is completed. This covenant by Seller to complete such infrastructure improvements to the Property shall expressly survive the Closing. 4. Option for Additional Property. At Closing, Seller will also grant Buyer a written, recorded option (the "Option") to purchase the additional property consisting of approximately 7.06 acres shown as Parcel B on Exhibit A attached hereto (the "Option Property"), for a total of approximately 13.31 acres including the Property, within a period of four (4) years from the date of Closing (the "Option Period"), for a price of $40,000.00 per acre (the "Option Price"), without being subject to any upset bid procedures under N.C.G.S. Section 153A-163 and/or 160A-269; provided that in the event Seller receives and is willing to accept a written bona fide offer from a third party for the Option Property during the Option Period for a price equal to or greater than the Option Price, then Seller will give Buyer written notice thereof, and Buyer shall then have a period of 90 days from Buyer's receipt of such notice to exercise the Option. In the event Buyer exercises the Option during the Option Period, Buyer shall have 90 days from the date of any such exercise to conduct due diligence with respect to the Option Property and a period of 30 days after the expiration of such due diligence period to close any purchase by Buyer of the Option Property. 5. Miscellaneous. (a) The use of headings, captions and numbers in this Addendum is solely for the convenience of identifying and indexing the various provisions in this Agreement and shall in no event be considered otherwise in construing or interpreting any provision in this Agreement. (b) All capitalized terms not otherwise defined in this Addendum shall have the meanings assigned in the Contract. (c) In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties hereto and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. (d) The unenforceability or invalidity of any provisions hereof shall not render any other provision herein contained unenforceable or invalid. Page 10 of 11 STANDARD FORM 580-T Revised 3/2021 © 3/2021 Modified Board of Commissioners - February 6, 2023 ITEM: 8 - 1 - 10 IN WITNESS WHEREOF, the parties hereto have caused this Addendum to be executed as of the day and year first above written. BUYER: LAS PROPERTIES, LLC Name: Title: Date: SELLER: NEW HANOVER COUNTY By: Name: Title: Date: Page 11 of 11 STANDARD FORM 580-T Revised 3/2021 © 3/2021 Modified I Board of Commissioners - February 6, 2023 ITEM: 8 - 1 - 11 Board of Commissioners - February 6, 2023 ITEM: 8 - 2 - 1 N E W H A N OV E R C O U N T Y B OA R D O F C O M M I S S I O N E R S R EQU E S T F O R B OA R D A C T I O N M E E T I N G DAT E : 2/6/2023 Regular D E PA R T M E N T: Finance P R E S E N T E R(S ): E ric C redle, C hief Financial O fficer C O N TA C T (S ): E ric C redle S U B J EC T: N OT E : T his item is removed. Re-A pproval of P urchase of P roperty L ocated at 319 N orth T hird S treet for C ape Fear C ommunity C ollege N ursing P rogram - With Parking S pace L ease B R I E F S U M M A RY: I n O ctober 2022, the B o ard o f C o unty C ommissioners (the “B oard”) approved the purchase of the property loca ted at 319 N o rth T hird Street, which includes 1.92 a c res of land and a 5-story 55,000 square foot building, at a cost o f $11,875,000. T his a c 3o n was taken a5er receiving a request from C a pe Fear C o mmunity C o llege (C F C C ) that the county co nsider the purcha se of this property to pro vide C F C C with the ability to expand its nursing and o ther allied health pro grams. T he approval o f the purchase was subject to acceptable due diligence, whic h was substan3ally complete by early J anuary 2023 in an3cipa3on of a c lo sing da te on the transac3o n of J anuary 17, 2023. Prior to the an3cipated clo sing da te, a lawsuit was fi led against the current o wner of the property (the “C urrent O wner ”) by the prior o wner of a por3on o f the property, 108 Grace, L L C (the “Prior O wner ”) to enforce an unperfected agreement, whereby the C urrent O wner agreed to lease twenty-two parking spaces of a parking deck, which had been planned to be c o nstructed on the property, to the Prior O wner at an ini3al cost of $100 per space per year with an ini3al term of ninety-nine years, subject to three renewals of ninety-nine years eac h (the “Agreement ”). T he piece of pro perty subject to the Agreement includes a parking lot with sixteen parking spaces located in the south-west po r3o n a t the corner of Grace and 2nd S treet (the “Par3al Property ” – see E xhibit A). U n3l the parking deck was constructed, the Prio r O wner was permi@ed to have full access to the Par3al Property. T here are no current plans for a parking deck on the Par3al P ro perty. L egal counsel to the co unty reco mmended that the lawsuit be reso lved prio r to clo sing on the property purchase, which has resulted in the delay in closing from the originally an3cipated date. T he county has conferred with C F C C and has been wo rking with the C urrent O wner and the Prio r O wner on a nego3ated reso lu3on. C ounty staff will pro vide an update o n the situa3o n at the mee3ng and provide any recommended ac3ons for the B o ard to take. S T R AT EGI C P L A N A L I G N M E N T: S uperior Educa3 on & Workforce S upport the private s ector ’s need for talent to fill higher-wage jobs Partner w ith bus inesses and educa3on community to s upport talent pipeline development R EC O M M E N D E D M OT I O N A N D R EQU E S T E D A C T I O N S : Any requested ac3ons will be discussed at the mee3ng. Board of Commissioners - February 6, 2023 ITEM: 9 AT TA C H M E N T S : Descrip3on Exhibit A C O U N T Y M A N AG E R'S C O M M E N T S A N D R EC O M M E N DAT I O N S : (only M anag er) To be discussed at meeting. C O M M I S S I O N E R S ' A C T I O N S : T he item was removed. Board of Commissioners - February 6, 2023 ITEM: 9 Exhibit A 319 North Third Street 319 North Third Street Property Subject to Proposed Lease Board of Commissioners - February 6, 2023 ITEM: 9 - 1 - 1 N E W H A N OV E R C O U N T Y B OA R D O F C O M M I S S I O N E R S R EQU E S T F O R B OA R D A C T I O N M E E T I N G DAT E : 2/6/2023 Regular D E PA R T M E N T: E ngineering P R E S E N T E R(S ): L ayton B edso le, Shore Pro tecon C oordinato r C O N TA C T (S ): J im I annucci, C ounty E ngineer; a nd L a yto n B edsole S U B J EC T: C onsidera(on of a Resolu(on of S upport for a N C S hallow Dra0 I nlet Grant A pplic a(on for the 2023/2024 M ason I nlet M aintenance Dredging Event B R I E F S U M M A RY: I n coordinao n with the Maso n I nlet Preservaon Group (M I P G), N ew Hanover C o unty has managed the Maso n I nlet complex since 2002. T he pro posed 2023/2024 maintenance event will remo ve sand that has shoaled within the template since the previous 2020 ma intenance event. T he Mason I nlet Relocaon Pro ject (M I R P) is authorized under the N orth C aro lina Divisio n o f C oastal Management (N C D C M) permit #151-01 and the U S Army C o rps of E ngineers (U S A C E ) Permit #1999-01052. Staff requests a bo ard reso luon suppo rng a Shallow Dra= I nlet (S D I ) Grant applicao n thro ugh the N C D ivision o f Water Resources. T he po tenal cost shares are esmated at $8.1 millio n (S D I Grant a t 75%) and $2.7M (MI P G W B at 25%) totaling $10.8M. T he grant would parcipate in: E ngineering D esign C o ntract D evelo pment Mobilizao n and D redging C o nstrucon O versight B efore and A=er Surveys T he room o ccupancy tax will cover the M I P G share with reimbursement through the M I R P’s five-yea r assessments. T he maintenance event ’s targeted construcon compleon da te is March 31, 2024. S T R AT EGI C P L A N A L I G N M E N T: R EC O M M E N D E D M OT I O N A N D R EQU E S T E D A C T I O N S : Adopt the reso luon o f support to apply for a Sha llo w D ra = I nlet Grant of $8.1 million AT TA C H M E N T S : Descripon Resolution C O U N T Y M A N AG E R'S C O M M E N T S A N D R EC O M M E N DAT I O N S : (only M anag er) Board of Commissioners - February 6, 2023 ITEM: 10 R ecommend approval. C O M M I S S I O N E R S ' A C T I O N S : Approved 5-0. Board of Commissioners - February 6, 2023 ITEM: 10 NEW HANOVER COUNTY BOARD OF COMMISSIONERS WATER RESOURCES DEVELOPMENT GRANT RESOLUTION WHEREAS, the New Hanover County Board of Commissioners desires to support the Mason Inlet Relocation Maintenance Event for protecting public and private infrastructure. The maintenance event will realign the system’s thalweg (deep water channel) within the authorized engineered corridor. The maintenance event includes the authorized reaches realignment within the Atlantic Intracoastal Waterway (AIWW) crossing through Mason Creek east through the Banks Channel confluence, out Mason Inlet and the ebb shoal bar. NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that: 1) The board requests the State of North Carolina to provide financial assistance to New Hanover County for the Mason Inlet maintenance event in the amount of $8.1 million or 75% percent of the total project’s engineering, construction, and surveying costs, whichever is the lesser amount; 2) New Hanover County assumes full obligation for payment of the balance of project costs; 3) New Hanover County will obtain all necessary federal and state permits; 4) New Hanover County will comply with all applicable laws governing the award of contracts and the expenditure of public funds by local governments; 5) New Hanover County will supervise construction of the project to assure compliance with permit conditions and to assure safe and proper construction according to approved plans and specifications; 6) New Hanover County will obtain appropriate easements, rights-of-way, or suitable dredge material disposal areas that may be necessary for the construction and operation of the project without cost or obligation to the state; 7) New Hanover County will ensure that the project is open for use by the public on an equal basis with limited restrictions (if on public property); 8) New Hanover County will hold the state harmless from any damages that may result from the construction, operation, and maintenance of the project; 9) New Hanover County accepts responsibility for the operation and maintenance of the completed project. ADOPTED this the 6th day of February, 2023. NEW HANOVER COUNTY ___________________________________ William E. Rivenbark, Chair ATTEST: ____________________________________ Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - February 6, 2023 ITEM: 10- 1 - 1 N E W H A N OV E R C O U N T Y B OA R D O F C O M M I S S I O N E R S R EQU E S T F O R B OA R D A C T I O N M E E T I N G DAT E : 2/6/2023 Regular D E PA R T M E N T: Planning P R E S E N T E R(S ): Zach D ickerson, C urrent Planner C O N TA C T (S ): Zach D ickerson; Rebekah Roth, Planning & L a nd U se Directo r S U B J EC T: P ublic Hearing Rezoning Request (Z 22-25) – Request by C indee Wolf with Design S olu8ons, applic ant, on behalf of Willie M oore, J r. and J oyce Ruffin, property own ers, to rezone two parcels totaling approximately 4.65 acres of land located at 2700 and 2707 O ld Wrightsboro Road from A R , A irport Residen8al, to (C Z D) A C , C ondi8onal A irport C ommerce for an office and warehouses. B R I E F S U M M A RY: T he applicant is pro posing to rezone appro ximately 4.65 acres from A R , Airport Residen(al to (C Z D ) A C , C o ndi(o nal Airport C o mmerce in order to co nstruct three buildings: o ne 10,000 square f o o t flex space building, o ne 20,125 square foot climate-contro lled self-storage building, and one 32,775 squa re foot climate contro lled self -storage building. T he applicant's conc ept plan includes the proposed buildings along with a fenced buffer a lo ng the southwestern bo undary of the site. T he co ncept plan outlines the parking areas for the development and the sto rmwater po nd. T he self-sto rage por(on o f the project includes interna l sec urity ga tes. T he subject pro perty is located o n O ld Wrightsbo ro Ro ad, south of the intersec(on of N Kerr Avenue and B lue C lay Road, in the vicinity of the W ilmington I nterna(onal Airport. T he maximum building height a llo wed in the A C district is 35 feet; this pro ject's pro posed height does not exceed 18 feet. T he subjec t site consists of two parcels, both zoned A R , Airpo rt Residen(al. T he surrounding area to the north is zoned Airport C ommerce a nd is used for c o mmercia l purpo ses; the surrounding area to the south is zo ned Airpo rt Residen(al. T he A R district in this area was established in 1976. At the (me, the purpose of the A R district wa s to pro mo te low- density housing in the vicinity of the airpo rt a nd discourage uses which tend to concentrate large numbers of peo ple like schools, hospitals, and assisted living facili(es. T he purpose of the A C district is to provide lands to acco mmo date planned restricted business and industrial develo pment in which the principal use of the la nd is for indoor manuf acturing, distribu(on and other types o f opera(o ns that are co mpa(ble with the airport f acili(es and require sites near to railroads and/o r majo r tho ro ughf ares. Access is propo sed to the subjec t property from O ld Wrightsbo ro Road, a n N C D OT-maintained secondary street. Access on O ld Wrightsboro Road will be a full ac c ess movement f o r ingress and egress. Board of Commissioners - February 6, 2023 ITEM: 11 I t is es(mated that the offi c e a nd flex space will generate 16 AM and 15 P M peak trips, and the self storage is es(mated to generate 7 A M and 14 P M peak trips. T he es(mated traffic genera(o n f ro m this site is under the 100 peak hour thresho ld that triggers the ordinance requirement for a Tra ffic I mpact Analysis. T he C omprehensive Plan classifies the site as E mplo yment C enter, which serves as an employment and produc(on hub where offi ce and light industrial uses predominate. C o mmercial uses designed to serve the needs o f the emplo yment center a re appropriate. T he applicant ha s pro posed a condi(on that wo uld limit the permiFed uses of the co mmercial develo pment to be compa(ble with the exis(ng surrounding uses. T he proposed rezoning is generally C O N S I S T E N T with the 2016 C omprehensive P lan because it is loca ted in an area designated as E mployment C enter and provides f o r the types of uses reco mmended by that place type. T his project will pro vide area-serving commercial development that is compa(ble with its pro ximity to a commercial node and the W ilmington I nterna(o nal Airport. T he Planning B o ard considered this applica(on at their J anuary 5, 2023 mee(ng. Several members o f the public spo ke in o ppo si(on, ci(ng issues with the stormwater drainage in the area and concerns abo ut the eff ects o f the develo pment on adjacent residen(al parcels. T hey were a lso co ncerned with the poten(al further expansion of the Airport C ommerc e zo ning district into the exis(ng residen(al area. Two members of the Planning B oard cited co ncerns with the building o n the eastern po r(o n of the development and how it would aff ect adjacent residents. T he Planning B o ard vo ted to recommend approval of the pe((on (5-2) with the f o llo wing co ndi(o ns o ffered by the applicant: 1. I n addi(on to ackno wledging all o f the prescribed standa rds f o r the Airport C o mmerce (A C ) district, addressing access, ligh(ng, radio and elec tro nic devices, and visual ha zards, the developer will limit the pro posed uses to: a. Animal Grooming b. Mini-Warehousing c. General O ffice d. Personal Services e. B usiness Services f. C ontractor O ffice (with no outdoor sto rage) g. I nstruc(onal Studios h. Retail Sales 2. N o o utdo o r RV or boat trailer stora ge is permiFed. T he B oard f o und it to be C O N S I S T E N T with the purposes and intent o f the C omprehensive Plan beca use it is located in an area designated as E mployment C enter and pro vides f o r the types o f uses recommended by that place type. T he B o ard found R EC O M M E N D I N G approval of the rezo ning request was reaso na ble and in the public interest because the propo sa l pro vides area-serving co mmercial develo pment that is compa(ble with its proximity to a commercial no de and the W ilmington I nterna(onal Airport. S T R AT EGI C P L A N A L I G N M E N T: I ntelligent G row th & Economic D evelopment Encourage development of complete communi(es in the unincorpor ated county Board of Commissioners - February 6, 2023 ITEM: 11 Ci(z ens have daily needs met by N H C bus ines s es and s upport them R EC O M M E N D E D M OT I O N A N D R EQU E S T E D A C T I O N S : B ased o n the reco mmended uses for E mployment C enter places, the context and co mpa(bility with the immediate surrounding area and the 2016 C omprehensive P lan, staff concurs with the P lanning B oard's recommenda8 on o f this applica(on and suggests the following mo(on with the propo sed condi(ons. I move to recommend A P P R OVA L of the propo sed rezoning. I fi nd it to be C O N S I S T E N T with the purposes and intent o f the C omprehensive Plan because it is lo c ated in an area designated as E mployment C enter and provides f o r the types o f uses recommended by that place type. I also fi nd recommending A P P R OVA L o f the rezo ning request is reaso nable and in the public interest because the projec t will pro vide area-serving co mmercial development that is compa(ble with its proximity to a commercial no de and the W ilmington I nterna(o nal Airpo rt. P roposed C ondi8ons: 1. I n addi(on to acknowledging all o f the prescribed sta ndards for the Airport C o mmerce (A C ) district, addressing access, ligh(ng, ra dio a nd elec tro nic devices, and visual hazards, the develo per will limit the pro posed uses to: a. Animal Grooming b. Mini-Warehousing c. General O ffice d. Personal Services e. B usiness Services f. C ontractor O ffice (with no outdoor sto rage) g. I nstruc(onal Studios h. Retail Sales 2. N o o utdo o r RV or boat trailer stora ge is permiFed. A lterna8 ve M o8on for Denial I move to D E N Y the pro posed rezoning. W hile I find it to be C O N S I S T E N T with the purpo ses and intent of the C o mprehensive Plan because it is located in an a rea designated a s E mplo yment C enter and pro vides for the types o f uses reco mmended by that place type, I find DE N I A L o f the rezo ning request is reasonable and in the public interest because it is not consistent with the desired character o f the surro unding co mmunity and will adversely impact the adjacent neighbo rhood. AT TA C H M E N T S : Descrip(on Z22-25 Script Board of Commissioners Z22-25 Staff Report Board of Commissioners Z22-25 Zoning Map Z22-25 Future Land Use Map Z22-25 Mailout Map Initial Application Cover Sheet Board of Commissioners - February 6, 2023 ITEM: 11 Z22-25 Application Z22-25 Community Meeting Information Concept Plan Cover Sheet Z22-25 Concept Plan Public Comments Cover Sheet C O U N T Y M A N AG E R'S C O M M E N T S A N D R EC O M M E N DAT I O N S : (only M anag er) R ecommend approval with conditions as presented by staff. C O M M I S S I O N E R S ' A C T I O N S : Approved with recommended conditions and two additional conditions by a vote of 3-2, C ommissioner B arfield and C hair R ivenbark dissenting. Board of Commissioners - February 6, 2023 ITEM: 11 BOARD OF COMMISSIONERS SCRIPT for Zoning Map Amendment Application (Z22-25) Rezoning Request (Z22-25) – Request by Cindee Wolf with Design Solutions, applicant, on behalf of Willie Moore, Jr. and Joyce Ruffin, property owners, to rezone two parcels totaling approximately 4.65 acres of land located at 2700 and 2707 Old Wrightsboro Road from AR, Airport Residential, to (CZD) AC, Airport Commercial for an office and warehouses. 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. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is located in an area designated as Employment Center and provides for the types of uses recommended by that place type. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the project will provide area-serving commercial development that is compatible with its proximity to a commercial node and the Wilmington International Airport. Proposed Conditions: 1. In addition to acknowledging all of the prescribed standards for the Airport Commerce (AC) district, addressing access, lighting, radio and electronic devices, and visual hazards, the developer will limit the proposed uses to: a. Animal Grooming b. Mini-Warehousing c. General Office d. Personal Services Board of Commissioners - February 6, 2023 ITEM: 11- 1 - 1 e. Business Services f. Contractor Office (with no outdoor storage) g. Instructional Studios h. Retail Sales 2. No outdoor RV or boat trailer storage is permitted. Example Motion for Denial I move to DENY the proposed rezoning. 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 Employment Center and provides for the types of uses recommended by that place type, 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. 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 - February 6, 2023 ITEM: 11- 1 - 2 Z22-25 Staff Report BOC 2.6.2023 Page 1 of 16 STAFF REPORT FOR Z22-25 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z22-25 Request: Rezoning to a Conditional AC, Airport Commerce District Applicant: Property Owner(s): Cindee Wolf with Design Solutions Willie Jackson Moore, et.al. Location: Acreage: 2700 & 2706 Old Wrightsboro Rd 4.65 PID(s): Comp Plan Place Type: R03300-004-006-000 & R03300-004-005- 000 Employment Center Existing Land Use: Proposed Land Use: Single Family Residential General Office and Mini-Warehouse/Self- Storage Current Zoning: Proposed Zoning: AR, Airport Residential District (CZD) AC, Airport Commerce District SURROUNDING AREA LAND USE ZONING North Commercial Services, Light Industrial AC East Residential, Undeveloped AR South Commercial Services AC West Commercial Services AC Board of Commissioners - February 6, 2023 ITEM: 11- 2 - 1 Z22-25 Staff Report BOC 2.6.2023 Page 2 of 16 ZONING HISTORY October 4, 1976 Initially zoned AR (Area Airport) COMMUNITY SERVICES Water/Sewer Water services are not available through CFPUA. Private well will be required, subject to New Hanover County Health Department approval. Sanitary sewer is available through CFPUA. 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 Optimist Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Board of Commissioners - February 6, 2023 ITEM: 11- 2 - 2 Z22-25 Staff Report BOC 2.6.2023 Page 3 of 16 APPLICANT’S PROPOSED CONCEPTUAL PLAN Includes Staff Markups • The applicant is proposing to construct three buildings: one 10,000 sq ft. flex space building, one 20,125 sq ft. climate-controlled self-storage building, and one 32,775 sq ft. climate- controlled storage building. • Under the proposed AC zoning district, buildings may be no higher than 35’ without an FAA determination of “no hazard,” which is determined through a filing with the FAA. • The buildings are proposed to be a maximum of one story at 18’. • The applicant has proposed limiting uses in the flex space to the following: o Animal Grooming o Mini-Warehousing o General Office o Personal Services Flex Space Storage Facilities Site Access Fenced Buffer Board of Commissioners - February 6, 2023 ITEM: 11- 2 - 3 Z22-25 Staff Report BOC 2.6.2023 Page 4 of 16 o Business Services o Contractor Office (with no outdoor storage) o Instructional Studios o Retail Sales • The applicant has included as a condition that no outdoor RV or boat trailer storage is allowed. ZONING CONSIDERATIONS • The AR district in this area was established in 1976. At the time, the purpose of the AR district was to promote low density housing in the vicinity of the airport and discourage uses which tend to concentrate large numbers of people like schools, hospitals, and assisted living facilities. • While the site is zoned AR, many of the surrounding properties are zoned AC and are used for commercial purposes. • As currently zoned, the subject site would be allowed up to four single family homes. • The AC district was established to provide lands to accommodate planned restricted business and industrial development in which the principal use of the land is for indoor manufacturing, distribution, and other types of operations that are compatible with the airport facilities and require sites near to railroads and/or major thoroughfares. The specific intent of the district is to: o Encourage the types of development that are compatible with airport operations; o Protect and promote the public utility of Wilmington International Airport; o Promote the health, safety, and general welfare of the residents of New Hanover County by preventing the creation of hazards around the airport to protect the lives and property of both the users of the airport and nearby residents; and o Prevent destruction or impairment of the utility of the airport and the public’s investment. • The AC District prescribes additional standards as described below: o Access: ▪ Any means of direct access to or from any development shall not be through any land in a Residential district or land on which there is residential development, or along any street or road in a residential subdivision. o Lighting ▪ Any pulsating, flashing, rotating, oscillating, or other type of light intended as an attention-getting device is prohibited. ▪ Flood lights, spotlights, or another lighting device shall be arranged or shielded so as not to cast illumination in an upward direction above an imaginary line extended from the light source parallel to the ground. Board of Commissioners - February 6, 2023 ITEM: 11- 2 - 4 Z22-25 Staff Report BOC 2.6.2023 Page 5 of 16 o Radio and Electronic Device ▪ Any radio or electronic device is permitted only in conjunction with a valid license or other authorization as may be issued by the FCC. ▪ Any radio or electronic device, the operation of which would violate any rules or regulations of the FCC is prohibited. o Visual Hazards ▪ Any operation or use that emits smoke, dust, or creates glare or other visual hazards is prohibited. • 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. Board of Commissioners - February 6, 2023 ITEM: 11- 2 - 5 Z22-25 Staff Report BOC 2.6.2023 Page 6 of 16 AREA SUBDIVISIONS UNDER DEVELOPMENT Board of Commissioners - February 6, 2023 ITEM: 11- 2 - 6 Z22-25 Staff Report BOC 2.6.2023 Page 7 of 16 TRANSPORTATION • Access is proposed to the subject property from Old Wrightsboro Road, an NCDOT maintained secondary street. • Access on Old Wrightsboro Road will be full access movement for ingress and egress. • As currently zoned, it is estimated the site would generate about 3 AM / 4 PM trips during the peak hours if developed at the permitted density. The proposed three-building development would increase the estimated number of peak hour trips by approximately 20 AM / 25 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). Board of Commissioners - February 6, 2023 ITEM: 11- 2 - 7 Z22-25 Staff Report BOC 2.6.2023 Page 8 of 16 • The WMPO provided trip generation numbers for some of the other uses outlined in the application for the 10,000 sq ft building, noted in the table below: • 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 LOS N. Kerr Ave Castle Hayne Road to Blue Clay Road 9,200 15,459 0.60 B N. Kerr Ave Between Blue Clay Rd and Bavarian Lane 12,500 15,459 0.81 D • 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. Intensity Approx. Peak Hour Trips Existing Development: 1 Single-Family Dwelling 1 AM / 1 PM Typical Development under Current Zoning: 4 Single-Family Dwellings 3 AM / 4 PM Proposed Development: 10,000 sq ft flex space 52,900 sq ft self storage 16 AM / 15 PM 7 AM / 14 PM Potential Use 10,000 sq ft Specialty Trade Contractor 17 AM / 19 PM Most Intense Allowed Use 10,000 sq ft Strip Retail Plaza 26 AM / 66 PM Board of Commissioners - February 6, 2023 ITEM: 11- 2 - 8 Z22-25 Staff Report BOC 2.6.2023 Page 9 of 16 Nearby Planned Transportation Improvements and Traffic Impact Analyses Nearby NC STIP Projects: • STIP Project U-5863 o Widening of Castle Hayne Road (NC 133) from the I-140/US-17 o The project is currently scheduled to begin construction after 2024. Board of Commissioners - February 6, 2023 ITEM: 11- 2 - 9 Z22-25 Staff Report BOC 2.6.2023 Page 10 of 16 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. Wrightsboro Commons • 226 Multi-Family Units • TIA approved November 28, 2018 • 2023 Build Out Year The TIA requires improvements be completed at certain intersections in the area. The notable improvements consisted of: • Installation of a new signal plan at the intersection of N. Kerr Avenue and Castle Hayne Road. Nearby Proposed Developments included within the TIA: • Riverside Development Status: Project Phase 1 has been approved by the Technical Review Committee ENVIRONMENTAL • The property is not within a Natural Heritage Area or the Special Flood Hazard Area. • 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 II (moderate limitation); however, the site is expected to be served by CFPUA sewer if developed. Board of Commissioners - February 6, 2023 ITEM: 11- 2 - 10 Z22-25 Staff Report BOC 2.6.2023 Page 11 of 16 Representative Developments Representative Developments of AR (Existing Zoning): Low density housing on large lots, typical in an AR zone Typical AR development Board of Commissioners - February 6, 2023 ITEM: 11- 2 - 11 Z22-25 Staff Report BOC 2.6.2023 Page 12 of 16 Representative Developments of AC (Proposed Zoning/Land Use): Typical Office/Flex Space, Common in AC Self-Storage, Gordon Road Board of Commissioners - February 6, 2023 ITEM: 11- 2 - 12 Z22-25 Staff Report BOC 2.6.2023 Page 13 of 16 Context and Compatibility • The project is located on Old Wrightsboro Road, near the intersection of N Kerr Avenue and Blue Clay Road, and is near the Wrightsboro commercial node. • While much of the area to the south of the site is residential and zoned AR, many of the surrounding properties to the north are used for commercial purposes and are zoned AC. • Nearby commercial uses are low-intensity warehouses, equipment rental, equipment suppliers and auto repair and supply. • Due to the location and surrounding development patterns, the property is less likely to be developed with low density housing. • The applicant has proposed a condition that would limit the permitted uses of the commercial development to be compatible with the existing surrounding uses. • This area was zoned to be compatible with the establishment and growth of the Wilmington International Airport in the 1970’s. Since that time, the airport has fostered commercial growth in the surrounding areas. • Text Amendment A-422, adopted in 2015, allowed additional uses in the Airport Industrial (AI) district by-right and special use permit. This amendment expanded the range of uses allowed in this district to be more in line with anticipated growth around the airport. • The Airport Industrial (AI) district was rebranded to Airport Commerce (AC) as part of the adoption of the Unified Development Ordinance to more accurately reflect the future needs and business model of Wilmington International Airport. 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. Board of Commissioners - February 6, 2023 ITEM: 11- 2 - 13 Z22-25 Staff Report BOC 2.6.2023 Page 14 of 16 Future Land Use Map Place Type Employment Center Place Type Description Serves as an employment and production hub where office and light industrial uses predominate. It can also include residential, civic, and recreational uses, but should be clearly delineated from rural and conservation area. Commercial uses designed to serve the needs of the employment center are appropriate. Analysis The subject property is located in the northern portion of the county near the Wilmington International Airport. It is near the intersection of N Kerr Avenue and Blue Clay Road, and near the Wrightsboro commercial node. The site is located near existing low-density single-family uses to the south and other similar commercial developments 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. The subject property is in a transitional area in close proximity to a commercial node and other similar uses. Commercial uses that serve the surrounding area are appropriate for the place type and the area. Consistency Recommendation The proposed rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because it is located in an area designated as Employment Center and provides for the types of uses recommended by that place type. This project will provide area-serving commercial development that is compatible with its proximity to a commercial node and the Wilmington International Airport. Board of Commissioners - February 6, 2023 ITEM: 11- 2 - 14 Z22-25 Staff Report BOC 2.6.2023 Page 15 of 16 PLANNING BOARD ACTION The Planning Board considered this application at the December 1, 2022 meeting. Several members of the public spoke in opposition, citing issues with the stormwater drainage in the area and concerns about the effects of the development on adjacent residential parcels. They were also concerned with the potential further expansion of the Airport Commerce zoning district into the existing residential area. Two members of the Planning Board cited concerns with the building on the eastern portion of the development and how it would affect adjacent residents. The Planning Board voted to recommend approval of the petition (5-2) with the following conditions offered by the applicant: 1. In addition to acknowledging all of the prescribed standards for the Airport Commerce (AC) district, addressing access, lighting, radio and electronic devices, and visual hazards, the developer will limit the proposed uses to: a. Animal Grooming b. Mini-Warehousing c. General Office d. Personal Services e. Business Services f. Contractor Office (with no outdoor storage) g. Instructional Studios h. Retail Sales 2. No outdoor RV or boat trailer storage is permitted. 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 Employment Center and provides for the types of uses recommended by that place type. The Board found RECOMMENDING approval of the rezoning request was reasonable and in the public interest because the proposal provides area-serving commercial development that is compatible with its proximity to a commercial node and the Wilmington International Airport. STAFF RECOMMENDATION Based on the recommended uses and intensity for Employment Center place types along with the context and compatibility with the immediate surrounding 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. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is located in an area designated as Employment Center and provides for the types of uses recommended by that place type. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the project will provide area-serving commercial development that is compatible with its proximity to a commercial node and the Wilmington International Airport. Board of Commissioners - February 6, 2023 ITEM: 11- 2 - 15 Z22-25 Staff Report BOC 2.6.2023 Page 16 of 16 Proposed Conditions: 1. In addition to acknowledging all of the prescribed standards for the Airport Commerce (AC) district, addressing access, lighting, radio and electronic devices, and visual hazards, the developer will limit the proposed uses to: a. Animal Grooming b. Mini-Warehousing c. General Office d. Personal Services e. Business Services f. Contractor Office (with no outdoor storage) g. Instructional Studios h. Retail Sales 2. No outdoor RV or boat trailer storage is permitted. Alternative Motion for Denial I move to DENY the proposed rezoning. 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 Employment Center and provides for the types of uses recommended by that place type, 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. Board of Commissioners - February 6, 2023 ITEM: 11- 2 - 16 Kerr Av Blu e C l a y R d O l d W r i g h t s b o r o R d C o m merceRd Aco r n B r a n c h R d Kerr Av New Hanover County, NC CZD ACAR2700 & 2706 Old Wrightsboro Rd Z22-25 Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case: 0 250 500 US Feet Site Z22-25 CDFLAG CZD ZONING AC AR Z22-25 Board of Commissioners - February 6, 2023 ITEM: 11- 3 - 1 Kerr Av Blu e C l a y R d O l d W r i g h t s b o r o R d C o m merceRd Aco r n B r a n c h R d Kerr Av New Hanover County, NC CZD ACAR2700 & 2706 Old Wrightsboro Rd Z22-25 Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case: 0 250 500 US Feet Site Z22-25 Future Land Use COMMERCE ZONE EMPLOYMENT CENTER COMMUNITY MIXED USE Z22-25 Board of Commissioners - February 6, 2023 ITEM: 11- 4 - 1 O l d W r i g h t s b o r o R d K e r r A v Mutual Rd Kerr Av AcornBranchRd Blu e C l a y R d C o m merceRd Kerr Av Neighboring Parcels (500 feet) CZD ACAR2700 & 2706 Old Wrightsboro Rd Z22-25 Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case: 0 250 500 US Feet Site Z22-25 Board of Commissioners - February 6, 2023 ITEM: 11- 5 - 1 Initial Application Documents & Materials Board of Commissioners - February 6, 2023 ITEM: 11- 6 - 1 Page 1 of 6 Conditional Zoning District Application – Updated 02-2022 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 Procedures (Optional) Pre-Application Conference 1 Community Information Meeting 2 Application Submittal & Acceptance 3 Planning Director Review & Staff Report (TRC Optional) 4 Public Hearing Scheduling & Notification 5 Planning Board Hearing & Recom- mendation 6 Board of Commissioners Hearing & Decision 7 Post-Decision Limitations and Actions 1. Applicant and Property Owner Information Applicant/Agent Name Owner Name (if different from Applicant/Agent) Company Company/Owner Name 2 Address Address City, State, Zip City, State, Zip Phone Phone Email Email Cindee Wolf Design Solutions P.O. Box 7221 Wilmington, NC 28406 910-620-2374 cwolf@lobodemar.biz Willie Jackson Moore, Jr. etal 405 Edgewater Club Road Wilmington, NC 28411 910-508-6658 (Contact: Deans Hackney - Agent) deans.hackney@gmail.com Board of Commissioners - February 6, 2023 ITEM: 11- 7 - 1 Page 2 of 6 Conditional Zoning District Application – Updated 02-2022 2. Subject Property Information Address/Location Parcel Identification Number(s) Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification 3. Proposed Zoning, Use(s), & Narrative Proposed Conditional Zoning District: 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. 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. 2700 & 2706 Old Wrightsboro Road 313909.07.1048 & 313909.07.0490 AR Employment Center CZD / AC 4.65 ac.+/- 4.65 ac.+/- Board of Commissioners - February 6, 2023 ITEM: 11- 7 - 2 Page 3 of 6 Conditional 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: 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. General Office (710) & Mini-Warehouse (151) 10K & 52.9K (Gross Floor Area) 16 + 7 = 23 15 + 14 = 29 Board of Commissioners - February 6, 2023 ITEM: 11- 7 - 3 Page 4 of 6 Conditional 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 - February 6, 2023 ITEM: 11- 7 - 4 Page 5 of 6 Conditional Zoning District Application – Updated 02-2022 Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under “Applicant Initial”. If an item is not applicable, mark as “N/A”. Applications determined to be incomplete must be corrected in order to be processed for further review; Staff will confirm if an application is complete within five business days of submittal. Application Checklist 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 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 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 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 CAW CAW CAW CAW CAW CAW CAW N/A Board of Commissioners - February 6, 2023 ITEM: 11- 7 - 5 Page 6 of 6 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 applicant/agent as listed on this application to represent me and make decisions on my behalf regarding this application during the review process. The applicant/agent is hereby authorized on my behalf to: 1. Submit an application including all required supplemental information and materials; 2. Appear at public hearings to give representation and comments; 3. Act on my behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of this application; and 4. Provide written consent to any and all conditions of approval. Signature of Property Owner(s) Print Name(s) 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. Cynthia Wolf - Design Solutions 11/30/2022 Board of Commissioners - February 6, 2023 ITEM: 11- 7 - 6 REPORT OF COMMUNITY MEETING REQUIRED BY NEW HANOVER COUNTY ZONING ORIDINANCE FOR CONDITIONAL DISTRICT REZONINGS Location: 2700 & 2706 Old Wrightsboro Road (FKC Flex & Storage) Proposed Zoning: AR to (CZD) AC 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 November 17, 2022 . A copy of the written notice is also attached. The meeting was held at the following time and place: Tuesday, November 29th, 6:00 p.m.; at the St. John AME Church, 2400 Acron Branch Road 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 and the conditional district rezoning process. Primary topics of conversation were the loss of residential land in the neighborhood, traffic, and particularly how stormwater management and drainage worked. The low trip generation for a use such as this was explained. Also, that storm drainage improvements, including not only on-site management of runoff from project surfaces, but that there are other requirements, such as mitigation of existing drainage ditch issues for an adequate overflow outlet. Additional information was provided on buffering & tree preservation. Exhibits on current zoning, the Comp Plan, and area topography were subsequently emailed or mailed to all who asked. As a result of the meeting, the following changes were made to the rezoning petition: None Date: November 30, 2022 Applicant: Design Solutions By: Cindee Wolf Board of Commissioners - February 6, 2023 ITEM: 11- 8 - 1 Board of Commissioners - February 6, 2023 ITEM: 11- 8 - 2 Board of Commissioners - February 6, 2023 ITEM: 11- 8 - 3 Board of Commissioners - February 6, 2023 ITEM: 11- 8 - 4 ADJACENT PROPERTIES WITHIN 500' PERIMETER OF 2700 & 2706 OLD WRIGHTSBORO ROAD: ADJACENT PROPERTY OWNER MAILING ADDRESS CITY / STATE / ZIP ADJACENT PROPERTY ADDRESS UNIT 2716 OLD WRIGHTSBORO ROAD LLC 111 ANNANDALE DR CARY, NC 27511 2716 OLD WRIGHTSBORO RD WILMINGTON AIC CONDOMINIUM ASSOC INC 3310 KITTY HAWK RD STE 100 WILMINGTON, NC 28405 2725 OLD WRIGHTSBORO RD WILMINGTON 11 AIC CONDOMINIUM ASSOC INC 3310 KITTY HAWK RD STE 100 WILMINGTON, NC 28405 2725 OLD WRIGHTSBORO RD WILMINGTON 8 AIC CONDOMINIUM ASSOC INC 3310 KITTY HAWK RD STE 100 WILMINGTON, NC 28405 2725 OLD WRIGHTSBORO RD WILMINGTON 7 AIC CONDOMINIUM ASSOC INC 3310 KITTY HAWK RD STE 100 WILMINGTON, NC 28405 2725 OLD WRIGHTSBORO RD WILMINGTON 9 AIC CONDOMINIUM ASSOC INC 3310 KITTY HAWK RD STE 100 WILMINGTON, NC 28405 2725 OLD WRIGHTSBORO RD WILMINGTON 10 AIC PROPERTIES LLC 2926 BOUNDARY ST STE 100 WILMINGTON, NC 28405 2725 OLD WRIGHTSBORO RD WILMINGTON 39 AIC PROPERTIES LLC 2926 BOUNDARY ST STE 100 WILMINGTON, NC 28405 2725 OLD WRIGHTSBORO RD WILMINGTON 36 AIC PROPERTIES LLC 2926 BOUNDARY ST STE 100 WILMINGTON, NC 28405 2725 OLD WRIGHTSBORO RD WILMINGTON 24 AIC PROPERTIES LLC 2926 BOUNDARY ST STE 100 WILMINGTON, NC 28405 2725 OLD WRIGHTSBORO RD WILMINGTON 42 AIC PROPERTIES LLC 2926 BOUNDARY ST STE 100 WILMINGTON, NC 28405 2725 OLD WRIGHTSBORO RD WILMINGTON 40 AIC PROPERTIES LLC 2926 BOUNDARY ST STE 100 WILMINGTON, NC 28405 2725 OLD WRIGHTSBORO RD WILMINGTON 37 AIC PROPERTIES LLC 2926 BOUNDARY ST STE 100 WILMINGTON, NC 28405 2725 OLD WRIGHTSBORO RD WILMINGTON 25 AIC PROPERTIES LLC 2926 BOUNDARY ST STE 100 WILMINGTON, NC 28405 2725 OLD WRIGHTSBORO RD WILMINGTON 35 AIC PROPERTIES LLC 2926 BOUNDARY ST STE 100 WILMINGTON, NC 28405 2725 OLD WRIGHTSBORO RD WILMINGTON 38 AIC PROPERTIES LLC 2926 BOUNDARY ST STE 100 WILMINGTON, NC 28405 2725 OLD WRIGHTSBORO RD WILMINGTON 41 APCP LLC 2725 OLD WRIGHTSBORO RD #8A WILMINGTON, NC 28405 2725 OLD WRIGHTSBORO RD WILMINGTON 30 BALLARD DARRYL 2618 ASHBY DR WILMINGTON, NC 28411 2416 ACORN BRANCH RD WILMINGTON BALLARD KIMBERLY DENISE 2408 ACORN BRANCH RD WILMINGTON, NC 28405 2408 ACORN BRANCH RD WILMINGTON COOPER CATHERINE JORDAN ETAL 208 BERRY CT CASTLE HAYNE, NC 28429 2606 OLD WRIGHTSBORO RD WILMINGTON DAL KNOX INC 2926 BOUNDARY ST STE 100 WILMINGTON, NC 28405 DAL KNOX INC 3310 KITTY HAWK RD STE 100 WILMINGTON, NC 28405 2725 OLD WRIGHTSBORO RD WILMINGTON 6 EASLEY VERNETTA ETAL 7008 FOREST BEND LN WILMINGTON, NC 28411 2616 OLD WRIGHTSBORO RD WILMINGTON GARY JEREMY DEAN 722 5TH AVE N WILMINGTON, NC 28401 2725 OLD WRIGHTSBORO RD WILMINGTON 27 HAMPTON WILLIAM B JR 2449 ACORN BRANCH RD WILMINGTON, NC 28405 2449 ACORN BRANCH RD WILMINGTON HARRIS SHIRLEY M ROBERT 470 LENOX AVE APT 11‐E NEW YORK, NY 10037 2455 ACORN BRANCH RD WILMINGTON HOLMES ALCENIA MPO BOX 12345 WILMINGTON, NC 28405 2443 ACORN BRANCH RD WILMINGTON JAMES CHAREASE 2101 ROCKHILL RD CASTLE HAYNE, NC 28429 2428 ACORN BRANCH RD WILMINGTON JEMS HOLDINGS LLC 771 KERR AVE S WILMINGTON, NC 28403 2701 OLD WRIGHTSBORO RD WILMINGTON JEMS HOLDINGS LLC 771 KERR AVE S WILMINGTON, NC 28403 2701 OLD WRIGHTSBORO RD WILMINGTON JONES JOAN C 2424 ACORN BRANCH RD WILMINGTON, NC 28405 2424 ACORN BRANCH RD WILMINGTON LONG INVESTMENT PROP OF WILM LLC 7700 KENMONT RD GREENSBORO, NC 27409 LONG INVESTMENT PROP OF WILM LLC 7700 KENMONT RD GREENSBORO, NC 27409 100 EXPORT DR WILMINGTON LONG INVESTMENT PROP OF WILM LLC 7700 KENMONT RD GREENSBORO, NC 27409 MCRAE MARGARET HEIRS 275 BLAKE AVE APT 2C BROOKLYN, NY 11212 2425 ACORN BRANCH RD WILMINGTON MILLER EDWARD HRS 2413 ACORN BRANCH RD WILMINGTON, NC 28405 2413 ACORN BRANCH RD WILMINGTON MOORE A LEON CATHERINE 2163 ONANDA WAY TOBYHANNA, PA 18466 MOORE HORACE L 1080 JULIA ST TEANECK, NJ 07666 2461 ACORN BRANCH RD WILMINGTON MOORE JAMES MACK HRS 103 KENTUCKY DOWNS PERRY, GA 31069 3037 KERR AVE N WILMINGTON MOORE ROBERT T HEIRS 2431 ACORN BRANCH RD WILMINGTON, NC 28405 2431 ACORN BRANCH RD WILMINGTON MOORE WILLIE JACKSON JR ETAL 405 EDGEWATER CLUB RD WILMINGTON, NC 28405 2700 OLD WRIGHTSBORO RD WILMINGTON MOORE WILLIE JACKSON JR ETAL 405 EDGEWATER CLUB RD WILMINGTON, NC 28405 2706 OLD WRIGHTSBORO RD WILMINGTON NIXON CAROLYN 2600 OLD WRIGHTSBORO RD WILMINGTON, NC 28405 2600 OLD WRIGHTSBORO RD WILMINGTON NIXON RICHARD L 2612 OLD WRIGHTSBORO RD WILMINGTON, NC 28405 2612 OLD WRIGHTSBORO RD WILMINGTON PRICE VIVIAN JORDAN ETAL 1408 ROCKHILL RD CASTLE HAYNE, NC 28429 2601 OLD WRIGHTSBORO RD WILMINGTON RICHARDSON EVAN 2712 OLD WRIGHTSBORO RD WILMINGTON, NC 28405 2712 OLD WRIGHTSBORO RD WILMINGTON SDH1 PROPERTIES LLC 2926 BOUNDARY ST STE 100 WILMINGTON, NC 28405 2621 OLD WRIGHTSBORO RD WILMINGTON SDH1 PROPERTIES LLC 2926 BOUNDARY ST STE 100 WILMINGTON, NC 28405 2725 OLD WRIGHTSBORO RD WILMINGTON 29 SDH1 PROPERTIES LLC 2926 BOUNDARY ST STE 100 WILMINGTON, NC 28405 2725 OLD WRIGHTSBORO RD WILMINGTON 34 SDH1 PROPERTIES LLC 2926 BOUNDARY ST STE 100 WILMINGTON, NC 28405 2725 OLD WRIGHTSBORO RD WILMINGTON 33 SDH1 PROPERTIES LLC 2926 BOUNDARY ST STE 100 WILMINGTON, NC 28405 2613 OLD WRIGHTSBORO RD WILMINGTON SOUTHCO HOLDINGS LLC 3125 KERR AVE N WILMINGTON, NC 28401 3041 EXPORT LN WILMINGTON ST JOHNS AME CHURCH 2400 ACORN BRANCH RD WILMINGTON, NC 28405 2400 ACORN BRANCH RD WILMINGTON TRASK FAMILY LAND LIMITED PT 5519 BAVARIAN LN WILMINGTON, NC 28405 2725 OLD WRIGHTSBORO RD WILMINGTON 26 TRASK WILLIAM K FRANKIE C 5519 BAVARIAN LN WILMINGTON, NC 28405 2725 OLD WRIGHTSBORO RD WILMINGTON 28 TRASK WILLIAM K FRANKIE C 5519 BAVARIAN LN WILMINGTON, NC 28405 2725 OLD WRIGHTSBORO RD WILMINGTON 31 TRASK WILLIAM K FRANKIE C 5519 BAVARIAN LN WILMINGTON, NC 28405 2725 OLD WRIGHTSBORO RD WILMINGTON 32 WALDKIRCH RICHARD B CAROL W 7704 MASONBORO SOUND RD WILMINGTON, NC 28409 2724 OLD WRIGHTSBORO RD WILMINGTON WILLIAMS PAULINE M 2717 OLD WRIGHTSBORO RD WILMINGTON, NC 28405 2717 OLD WRIGHTSBORO RD WILMINGTON YOUR HOME SOLUTIONS LLC 205 ANTIQUE LACE WAY HOLLY SPRINGS, NC 27540 2437 ACORN BRANCH RD WILMINGTON Board of Commissioners - February 6, 2023 ITEM: 11- 8 - 5 November 17, 2022 To: Adjacent Property Owners From: Cindee Wolf Re: 2700 Old Wrightsboro Road My Client is interested in developing this property for flexible office space and climate‐controlled self‐ storage. Your property is located within the proximity of the proposed project. This proposal would require a Conditional Zoning District approval from New Hanover County. A Conditional Zoning District allows particular uses to be established only in accordance with specific standards and conditions pertaining to each individual development project. Essentially, this means that only a specific set of uses, in this case the layout and proposed property improvements shown on the attached exhibit, of an approved proposal can be developed. The County requires that the developer hold a meeting for all property owners within 500 feet of the tract boundary, and any and all other interested parties. This provides neighbors with an opportunity for explanation of the proposal and for questions to be answered concerning project improvements, benefits and impacts. A meeting will be held on Tuesday, November 29th, 6:00 p.m., at the St. John AME Church, 2400 Acorn Branch Road. If you cannot attend, you are also welcome to contact me at telephone # 910‐620‐2374, or email cwolf@lobodemar.biz with comments and/or questions. We appreciate your interest in the project, and look forward to being a good neighbor and an asset to the community. Board of Commissioners - February 6, 2023 ITEM: 11- 8 - 6 Board of Commissioners - February 6, 2023 ITEM: 11- 8 - 7 Concept Plan Board of Commissioners - February 6, 2023 ITEM: 11- 9 - 1 Board of Commissioners - February 6, 2023 ITEM: 11- 10 - 1 Public Comments In Support 0 Neutral 0 In Opposition 0 Board of Commissioners - February 6, 2023 ITEM: 11- 11 - 1 N E W H A N OV E R C O U N T Y B OA R D O F C O M M I S S I O N E R S R EQU E S T F O R B OA R D A C T I O N M E E T I N G DAT E : 2/6/2023 Regular D E PA R T M E N T: Planning P R E S E N T E R(S ): J ulian Griffee, C urrent Planner C O N TA C T (S ): J ulian Griffee; Rebekah Roth, P lanning & L a nd U se D irecto r S U B J EC T: P ublic Hearing Rezoning Request (Z 22-26) - Request by C indee Wolf with Desig n S olu6ons, applic ant, on behalf of Paul and J ane C haucer, property owners, to rezone one parcel totaling 0.362 acres of land located at 2626 C astle Hay ne Road from R-20, Residen6al to C Z D C B, C ommunity B usiness to c onvert an exis6 ng single-family home for retail and offic e use. B R I E F S U M M A RY: T he applicant is pro posing to rezo ne approxima tely 0.36 acres at 2626 C a stle Hayne Road from R -20, Residen,al to (C Z D ) C B, C o ndi,o nal C ommunity B usiness. T he pro posed development consists o f reno va,ng a vaca nt single-family dwelling into a retail and o ffice space. T he R -20 district in this area was esta blished in 1974. At the ,me, the purpose of the R -20 district was to ensure that ho using served by private sep,c a nd wells wo uld be develo ped at low densi,es. T he C B district was established to pro vide lands that accommodate the develo pment, gro wth, and co n,nued opera ,o n o f businesses that serve surrounding neighbo rhoods with goods and servic es needed for a variety of daily a nd long-term purposes. T he C B district also serves as a buffer between higher density/intensity development and mo derate o r low-density mul,-family and single-family neighbo rhoods. T he pro posed develo pment consists of the conversion of a n exis,ng single-f amily dwelling and a sso c iated accesso ry structure for business and retail o ffices. T he applica nt requests to limit future uses to O ffices for Priva te B usiness and Professio nal Ac,vi,es, I nstruc,onal Servic es & Studios, Perso nal Services (General, excluding Ta>oo Parlor), and Retail Sales (General). T he applicant ’s propo sed co nceptual plan includes fenced buff eryards on the no rthern a nd eastern bo undaries of the subject parcel, associated parking, and streetyard plan,ngs f ro n,ng the C astle Hayne Road right-o f - way. T he applicant ha s propo sed that the exis,ng access drive to C astle Hayne Road will be upgra ded to a co mmercial driveway with permiAng a nd appro val by N C D OT. Any free-standing sign(s) o n the site are co ndi,oned to be monument-style with landscaping aro und the base of the sign. N o pole signs sha ll be permi>ed and any sign(s) must be located outside of N C D OT sight triangle lines. T he applic ant has also pro posed condi,ons on ligh,ng in addi,on to the pro visions outlined in the U nified D evelopment O rdina nce. W ith the extensio n of water and sewer services, the area has experienced a shiE with the addi,on of co mmercial and residen,al gro wth to the south and west with (C Z D ) B -1, S hopping C enter, U M X Z, O &I , B -2, and R -15 zoning at higher densi,es within perfo rmance residen,al developments. T h e C B district does not permit residen,al develo pment and requires a 25-f o o t side interio r setback, 30-foot rear setback, and Type A o paque buff er from adjacent single-f amily develo pment and residen,ally zoned proper,es. T he exis,ng 550 square foot structure at the rear of the property is currently considered an accesso ry structure and may be loca ted at least 5’ f ro m the side a nd rear property lines. I f the structure is used for a ny o f the pro posed uses, it Board of Commissioners - February 6, 2023 ITEM: 12 wo uld no lo nger be considered an accessory structure, and therefore, would be subject to underlying zoning setback pro visions and require a variance. A c c e ss is proposed to be pro vided to the subject pro perty from C astle H ayne Ro ad, a minor arterial roadway as designated by N C D OT. T he driveway is currently full access to C astle Ha yne Road, ho wever, access will be restricted to right-in, right-o ut per N C D OT. T h e es,mated traffic genera ted fro m the site is under the 100 peak ho ur threshold that triggers the ordinance requirement for a Traffic I mpact Analysis (T I A). As currently zoned, it is es,mated the site would generate about 1 trip during the peak hours if developed a t the permi>ed density. T he pro posed 1,600 square f o o t develo pment wo uld increase the es,mated number of peak hour trips by approxima tely 3 trips. T he C o mprehensive P lan classifies the property as C ommunity Mixed U se, which allows f o r lo w to mo derate intensity retail and services that can support nearby neighborhoods. T he pro posed (C Z D ) C B rezo ning for O ffices for B usiness & Professio nal O ffices; I nstruc ,o na l Services and S tudio s; Perso na l Services, (General, excluding Ta>o o Parlor); and Retail Sales (General) is generally C O N S I S T E N T with the types of uses encouraged in the C ommunity Mixed U se place type. T h e Planning B oard considered this applica,on at their J anuary 5, 2023 mee,ng. N o one spo ke in suppo rt of o r in opposi,o n to the request. T he Planning B oard rec o mmended a ppro val of the pe,,on (7-0). T h e Planning B o ard f o und the applica,o n to be C O N S I S T E N T with the purpo ses and intent of the C omprehensive Plan because the pro ject pro vides for the types of uses rec o mmended in the C ommunity Mixed U se place type. T he Planning B o ard also fo und A P P R OVA L of the rezo ning request is reaso nable a nd in the public interest because the pro posal allo ws service-oriented uses that could serve as an appro priate transi,o n between exis,ng residen,al uses and the Wrightsboro commercial node, the pro posed use types allow f o r services that are rela,vely low traffi c generators, and the pro posal seeks to reduce traffi c c o nflicts. S T R AT EGI C P L A N A L I G N M E N T: I ntelligent G row th & Economic D evelopment Encourage development of complete communi,es in the unincorpor ated county Ci,z ens have daily needs met by N H C bus ines s es and s upport them R EC O M M E N D E D M OT I O N A N D R EQU E S T E D A C T I O N S : T he subject site is loca ted alo ng C astle H ayne Roa d, a mino r arterial ro adwa y, and a buts the Wrightsboro co mmercial no de to the south. T he pro posal is expected to have a minimal impact o n the adjacent residen,al proper,es and co uld serve as an appro priate transi,on between the established residen,al and commercia l uses located within the Wrightsbo ro commercial node. Furthermore, the proposal seeks to limit a ccess along C astle H ayne Ro ad and is es,mated to generate a minimal increase in trips. A s a result, staff c onc urs with the P lanning Board recom menda6 on and suggests the following mo,on with the pro posed co ndi,o ns: I mo ve to A P P R OV E the proposed rezoning to a (C Z D ) C B district. I find it to be C O N S I S T E N T with the purpo ses and intent of the C o mprehensive Plan because the pro ject provides for the types of uses reco mmended in the C o mmunity Mixed U se place type. I also find A P P R OVA L o f the rezo ning request is reaso nable and in the public interest because the propo sal a llo ws service-oriented uses that co uld serve as an appropriate tra nsi,o n between exis,ng residen,al Board of Commissioners - February 6, 2023 ITEM: 12 uses and the Wrightsbo ro co mmercial node, the propo sed use types allow f o r services that are rela,vely low traffi c generators, and the pro posal seeks to reduce traffi c c o nflicts. P roposed C ondi6ons: 1. Restric,ng the uses allowed within the distric t to allow f o r B usiness and Pro f essional O ffices, I nstruc,o nal Services and Studios, Personal Services (General, exc luding Ta >oo Parlor), and Retail Sales (General). 2. T he exis,ng access drive to C astle Hayne Ro ad will be upgra ded to a co mmercial driveway with permiAng by N C D OT. 3. Plan,ngs will be installed along C astle Hayne Roa d frontage to meet current “street yard” landscape requirements. 4. Any free-standing sign(s) on the site shall be mo nument style with landscaping aro und the base of the sign. N o po le signs shall be permi>ed. 5. E xterio r ligh,ng shall be controlled so that light spilla ge & gla re is not directed at adjacent pro per,es, neighboring areas, o r motorists. A lterna6 ve M o6on for Denial I move to D E N Y of the pro posed rezo ning to a (C ZD) C B district. W hile I find it to be C O N S I S T E N T with the purposes and intent of the C omprehensive P lan because the project provides f o r the type of uses reco mmended in the C o mmunity Mixed U se place type, I find DE N I A L o f the rezoning request is reaso nable a nd in the public interest because the pro posal is no t similar in use and intensity to other nearby uses and wo uld no t serve as a benefi t as it do es no t provide an appro priate transi,on between adjacent la nd uses. AT TA C H M E N T S : Descrip,on Z22-26 Script BOC FINAL Z22-26 Staff Report BOC FINAL Z22-26 - Zoning Z22-26 - Future Land Use Map Z22-26 - Mailout Map Initial Application Cover Sheet Application Package Concept Plan Cover Sheet 2626 Castle Hayne Road Concept Plan Public Comments Cover Sheet C O U N T Y M A N AG E R'S C O M M E N T S A N D R EC O M M E N DAT I O N S : (only M anag er) R ecommend approval with conditions as presented by staff. C O M M I S S I O N E R S ' A C T I O N S : Approved with recommended conditions 5-0. Board of Commissioners - February 6, 2023 ITEM: 12 BOARD OF COMMISSIONERS SCRIPT for Zoning Map Amendment Application (Z22-26) Request by Cindee Wolf with Design Solutions, applicant, on behalf of Paul and Jane Chaucer, property owners, to rezone one parcel totaling 0.362 acres of land located at 2626 Castle Hayne Road from R-20, Residential to CZD CB, Community Business to convert an existing single-family home for retail and office use. 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) CB district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types of uses recommended in the Community Mixed Use place type. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal allows service-oriented uses that could serve as an appropriate transition between existing residential uses and the Wrightsboro commercial node, the proposed use types allow for services that are relatively low traffic generators, and the proposal seeks to reduce traffic conflicts. Proposed Conditions: 1. Restricting the uses allowed within the district to allow for Business and Professional Offices, Instructional Services and Studios, Personal Services (General, excluding Tattoo Parlor), and Retail Sales (General). 2. The existing access drive to Castle Hayne Road will be upgraded to a commercial driveway with permitting by NCDOT. 3. Plantings will be installed along Castle Hayne Road frontage to meet current “street yard” landscape requirements. Board of Commissioners - February 6, 2023 ITEM: 12- 1 - 1 4. Any free-standing sign(s) on the site shall be monument style with landscaping around the base of the sign. No pole signs shall be permitted. 5. Exterior lighting shall be controlled so that light spillage & glare is not directed at adjacent properties, neighboring areas, or motorists. Example Motion for Denial I move to DENY the proposed rezoning to a (CZD) CB district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the type of uses recommended in the Community Mixed Use place type, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not similar in use and intensity to other nearby uses and would not serve as a benefit as it does not provide an appropriate transition between adjacent land uses. Alternative Motion for Approval/Denial: I move to [Approve/Deny] the proposed rezoning to a conditional CB district. I find it to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ I also find [Approval/Denial] of the rezoning request is reasonable and in the public interest because [insert reasons] __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ Board of Commissioners - February 6, 2023 ITEM: 12- 1 - 2 Z22-26 Staff Report BOC 2.6.2023 Page 1 of 15 STAFF REPORT FOR Z22-26 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z22-26 Request: Rezoning to a Conditional CB, Community Business District Applicant: Property Owner(s): Cindee Wolf with Design Solutions Paul A. & Jane Chaucer Location: Acreage: 2626 Castle Hayne Road 0.36 PID(s): Comp Plan Place Type: R03311-004-017-001 Community Mixed Use Existing Land Use: Proposed Land Use: Vacant Single-Family Dwelling Business & Professional Offices, Instructional Services & Studios, Personal Services (General, excluding Tattoo Parlor), Retail Sales (General) Current Zoning: Proposed Zoning: R-20, Residential District (CZD) CB, Community Business District SURROUNDING AREA LAND USE ZONING North Single-Family Dwelling R-20 East Single-Family Dwellings R-20 South Undeveloped (CZD) B-1 West Commercial, Vacant Single-Family Dwelling B-2, O&I Board of Commissioners - February 6, 2023 ITEM: 12- 2 - 1 Z22-26 Staff Report BOC 2.6.2023 Page 2 of 15 ZONING HISTORY July 1, 1974 Initially zoned R-20 (Area 10A) 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 Wrightsboro Station Schools Wrightsboro Elementary, Holly Shelter Middle, and New Hanover High Schools Recreation Optimist Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Board of Commissioners - February 6, 2023 ITEM: 12- 2 - 2 Z22-26 Staff Report BOC 2.6.2023 Page 3 of 15 APPLICANT’S PROPOSED CONCEPTUAL PLAN Includes Staff Markups • The applicant is proposing to rezone approximately 0.36 acres at 2626 Castle Hayne Road from R-20, Residential to (CZD) CB, Community Business. The proposed development consists of the conversion of an existing single-family dwelling and associated accessory structure for business and retail offices. • The applicant requests to limit future uses to Offices for Private Business and Professional Activities, Instructional Services & Studios, Personal Services (General, excluding Tattoo Parlor), and Retail Sales (General). • The applicant’s proposed conceptual plan includes fenced bufferyards on the northern and eastern boundaries of the subject parcel, associated parking, and streetyard plantings fronting the Castle Hayne Road right-of-way. • The applicant has proposed that the existing access drive to Castle Hayne Road will be upgraded to a commercial driveway with permitting and approval by NCDOT. • Any free-standing sign(s) on the site are conditioned to be monument-style with landscaping around the base of the sign. No pole signs shall be permitted and any sign(s) must be located outside of the sight triangle lines. • The applicant has also proposed conditions on lighting so that spillage and glare will not be directed at adjacent property, neighboring areas, or motorists. (CZD) B-1 Zoning / Vacant Bufferyard Board of Commissioners - February 6, 2023 ITEM: 12- 2 - 3 Z22-26 Staff Report BOC 2.6.2023 Page 4 of 15 ZONING CONSIDERATIONS • The R-20 district in this area was established in 1974. At the time, the purpose of the R-20 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 become available to the surrounding area. • With the extension of water and sewer services, the area has experienced a shift with the addition of commercial and residential growth to the south and west with (CZD) B-1, Shopping Center, UMXZ, O&I, B-2, and higher-density R-15 residential developments. • The CB district was established to provide lands that accommodate the development, growth, and continued operation of businesses that serve surrounding neighborhoods with goods and services needed for a variety of daily and long-term purposes. The CB district also serves as a buffer between higher density / intensity development and moderate or low-density multi-family and single-family neighborhoods. • The CB district does not permit residential development and requires a 25-foot side interior setback, 30-foot rear setback, and Type A opaque buffer from adjacent single- family development and residentially zoned properties. • The existing 550 square foot structure is currently considered an accessory structure and may be located within the underlying zoning district’s setbacks, as long as it is no closer than 5’ from the side and rear property lines. If the structure is used for any of the proposed uses, it would no longer be considered an accessory structure, and therefore, would be subject to underlying zoning setback provisions and require a variance. • 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. Board of Commissioners - February 6, 2023 ITEM: 12- 2 - 4 Z22-26 Staff Report BOC 2.6.2023 Page 5 of 15 AREA SUBDIVISIONS UNDER DEVELOPMENT Board of Commissioners - February 6, 2023 ITEM: 12- 2 - 5 Z22-26 Staff Report BOC 2.6.2023 Page 6 of 15 TRANSPORTATION • Access is proposed to be provided to the subject property from Castle Hayne Road, a minor arterial roadway as designated by NCDOT. • The driveway is currently full access to Castle Hayne Road, however, access will be restricted to right-in, right-out per NCDOT. • As currently zoned, it is estimated the site would generate about 1 trip during the peak hours if developed at the permitted density. The proposed 1,600 square foot development would increase the estimated number of peak hour trips by approximately 3 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). Board of Commissioners - February 6, 2023 ITEM: 12- 2 - 6 Z22-26 Staff Report BOC 2.6.2023 Page 7 of 15 • 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 Road 2600 Block of Castle Hayne Road 17,500 16,803 1.04 F • 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. Intensity Approx. Peak Hour Trips Existing Development: 1 Single-Family Dwelling 1 AM / 1 PM Proposed Development as: Instructional Studio General Retail Business/Professional Office Personal Services 1,600 SF 3 AM / 3 PM 4 AM / 11 PM 3 AM / 3 PM 4 AM / 12 PM Proposed Development with Accessory Structure as: Instructional Studio General Retail Business/Professional Office Personal Services 2,150 SF 4 AM / 4 PM 5 AM / 14 PM 4 AM / 5 PM 6 AM / 16 PM Board of Commissioners - February 6, 2023 ITEM: 12- 2 - 7 Z22-26 Staff Report BOC 2.6.2023 Page 8 of 15 Nearby Planned Transportation Improvements and Traffic Impact Analyses Nearby NC STIP Projects: • STIP Project U-5863 o Project to widen Castle Hayne Road into multi-lanes from I-140 to Division Drive. Right-of-Way acquisition and utilities is currently scheduled to take place in FY 2025. Board of Commissioners - February 6, 2023 ITEM: 12- 2 - 8 Z22-26 Staff Report BOC 2.6.2023 Page 9 of 15 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. Wrightsboro Commons • 226 Multi-Family Units • TIA approved November 28, 2018 • 2023 Build Out Year The TIA requires improvements be completed at certain intersections in the area. The notable improvements consisted of: • Installation of a new signal plan at the intersection of N. Kerr Avenue and Castle Hayne Road. Nearby Proposed Developments included within the TIA: • Riverside Development Status: Phase 1 preliminary plan approved by the Technical Review Committee. ENVIRONMENTAL • The subject site is not located within a Natural Heritage Area or Special Flood Hazard Area. • The property is within the Ness Creek watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class II (moderate limitations). There is an existing septic system on the property. However, the site is expected to be served by CFPUA when developed. Board of Commissioners - February 6, 2023 ITEM: 12- 2 - 9 Z22-26 Staff Report BOC 2.6.2023 Page 10 of 15 OTHER CONSIDERATIONS Existing Conditions Representative Developments Representative Developments of CB: Aldi on S. College Road in Wilmington Board of Commissioners - February 6, 2023 ITEM: 12- 2 - 10 Z22-26 Staff Report BOC 2.6.2023 Page 11 of 15 Examples of Residential Structures converted into Businesses: Converted residential structure along Oleander Drive Converted residential structure along Wrightsville Avenue Board of Commissioners - February 6, 2023 ITEM: 12- 2 - 11 Z22-26 Staff Report BOC 2.6.2023 Page 12 of 15 Context and Compatibility • The property is located on Castle Hayne Road, a minor arterial road, just north of the N Kerr Avenue – Castle Hayne Road intersection and abuts the Wrightsboro commercial node. • The property is in a transitional area on the edge of the Wrightsboro commercial node, a node that has seen an influx of more intense and diverse uses of varying densities. • The surrounding area contains a mixture of uses, with established residential uses to the north and east, and commercially zoned parcels to the west and south. • Due to the existing zoning, location, and nearby development patterns, a single-family residential use on this parcel may not be the most appropriate use for the parcel. • STIP project U-5863 seeks to improve traffics movements along Castle Hayne Road. A median is intended to be located directly in front of this parcel, making it less appropriate for single-family residential. 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. Board of Commissioners - February 6, 2023 ITEM: 12- 2 - 12 Z22-26 Staff Report BOC 2.6.2023 Page 13 of 15 Future Land Use Map Place Type Community Mixed Use Place Type Description Focuses on small-scale, compact, mixed use development patterns that serve all modes of travel and act as an attractor for county residents and visitors. Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi-family and single-family residential. Analysis The subject property is located along a minor arterial roadway corridor, Castle Hayne Road, and is surrounded by single-family dwellings to the north and east, a vacant structure on O&I zoned property to the west, and a (CZD) B-1 parcel to the south. Within the general vicinity exists commercial uses on parcels both north and south of the subject site, the latter of which are located within the Wrightsboro commercial node. The Comprehensive Plan classifies the property as Community Mixed Use, which allows for low to moderate intensity retail and services that can support nearby neighborhoods. The Community Mixed Use place type designation encourages a mix of uses, including single- and multi-family residential, commercial, civic, mixed-use, and recreational uses. Typical zoning associated with this place type includes moderate density residential, commercial, office and institutional, and mixed-use. The site is located between the Wrightsboro commercial node and established residential uses where transitional commercial uses could be appropriate. The place type is consistent with the anticipated gradual conversion of residential properties into commercial and mixed-use projects along the heavily traveled corridor. The use of single-family residential on this parcel is less likely to be appropriate than the uses allowed within the proposed zoning district. The CB district provides areas for commercial growth to serve existing and future residential development and could act as a buffer between higher density / intensity development and moderate to low density residential neighborhoods. Consistency Recommendation The proposed (CZD) CB rezoning for Offices for Business & Professional Offices; Instructional Services and Studios; Personal Services, (General, excluding Tattoo Parlor); and Retail Sales (General) is generally CONSISTENT with the types of uses encouraged in the Community Mixed Use place type. Board of Commissioners - February 6, 2023 ITEM: 12- 2 - 13 Z22-26 Staff Report BOC 2.6.2023 Page 14 of 15 PLANNING BOARD MEETING The Planning Board considered this application at their January 5, 2023 meeting. No one spoke in support of or in opposition to the request. The Planning Board recommended approval of the petition (7-0) with the following conditions: 1. Restricting the uses allowed within the district to allow for Business and Professional Offices, Instructional Services and Studios, Personal Services (General, excluding Tattoo Parlor), and Retail Sales (General). 2. The existing access drive to Castle Hayne Road will be upgraded to a commercial driveway with permitting by NCDOT. 3. Plantings will be installed along Castle Hayne Road frontage to meet current “street yard” landscape requirements. 4. Any free-standing sign(s) on the site shall be monument style with landscaping around the base of the sign. No pole signs shall be permitted. 5. Exterior lighting shall be controlled so that light spillage & glare is not directed at adjacent properties, neighboring areas, or motorists. The Planning Board found the application to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types of uses recommended in the Community Mixed Use place type. The Planning Board also found APPROVAL of the rezoning request is reasonable and in the public interest because the proposal allows service-oriented uses that could serve as an appropriate transition between existing residential uses and the Wrightsboro commercial node, the proposed use types allow for services that are relatively low traffic generators, and the proposal seeks to reduce traffic conflicts. Board of Commissioners - February 6, 2023 ITEM: 12- 2 - 14 Z22-26 Staff Report BOC 2.6.2023 Page 15 of 15 STAFF RECOMMENDATION The subject site is located along Castle Hayne Road, a minor arterial roadway, and abuts the Wrightsboro commercial node to the south. The proposal is expected to have a minimal impact on the adjacent residential properties and could serve as an appropriate transition between the established residential and commercial uses located within the Wrightsboro commercial node. Furthermore, the proposal seeks to limit access along Castle Hayne Road and is estimated to generate a minimal increase in trips. As a result, Staff concurs with the Planning Board recommendation and suggests the following motion with the proposed conditions: I move to APPROVE the proposed rezoning to a (CZD) CB district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types of uses recommended in the Community Mixed Use place type. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal allows service-oriented uses that could serve as an appropriate transition between existing residential uses and the Wrightsboro commercial node, the proposed use types allow for services that are relatively low traffic generators, and the proposal seeks to reduce traffic conflicts. Proposed Conditions: 1. Restricting the uses allowed within the district to allow for Business and Professional Offices, Instructional Services and Studios, Personal Services (General, excluding Tattoo Parlor), and Retail Sales (General). 2. The existing access drive to Castle Hayne Road will be upgraded to a commercial driveway with permitting by NCDOT. 3. Plantings will be installed along Castle Hayne Road frontage to meet current “street yard” landscape requirements. 4. Any free-standing sign(s) on the site shall be monument style with landscaping around the base of the sign. No pole signs shall be permitted. 5. Exterior lighting shall be controlled so that light spillage & glare is not directed at adjacent properties, neighboring areas, or motorists. Alternative Motion for Denial I move to DENY the proposed rezoning to a (CZD) CB district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the type of uses recommended in the Community Mixed Use place type, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not similar in use and intensity to other nearby uses and would not serve as a benefit as it does not provide an appropriate transition between adjacent land uses. Board of Commissioners - February 6, 2023 ITEM: 12- 2 - 15 Riverside Dr L o n g L e a f D r Wind Sail Dr Laurel Dr Sheridan Dr Harrells Ln Horne Place Dr Kerr Av CZD B-1 B-1 AR O&I SC B-2 R-15 R-20 UMXZ New Hanover County, NC Site Z22-26 CZD CBR-202626 Castle Hayne RdZ22-26 Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case: 0 250 500 US Feet CDFLAG CZD ZONING B-1 B-2 SC O&I AR R-15 R-20 UMXZ Z22-26 Board of Commissioners - February 6, 2023 ITEM: 12- 3 - 1 Riverside Dr L o n g L e a f D r Wind Sail Dr Laurel Dr Sheridan Dr Harrells Ln H o rnePlace D r Kerr Av New Hanover County, NC Site Z22-26 CZD CBR-202626 Castle Hayne RdZ22-26 Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case: 0 250 500 US Feet GENERAL RESIDENTIAL COMMUNITY MIXED USE Z22-26 Board of Commissioners - February 6, 2023 ITEM: 12- 4 - 1 TributaryCir A l b a t r o s s R u n C a s t l e H a y ne Rd Riverside Dr Wind Sail Dr Sheridan Dr Laurel Dr Whitman Av Long Leaf Dr Harrells Ln Kerr Av Horne Place Dr Site Z22-26 Neighboring Parcels (500 feet) CZD CBR-202626 Castle Hayne RdZ22-26 Proposed Zoning/Use:Existing Zoning/Use:Site Address:Case: 0 250 500 US FeetBoard of Commissioners - February 6, 2023 ITEM: 12- 5 - 1 Initial Application Documents & Materials Board of Commissioners - February 6, 2023 ITEM: 12- 6 - 1 Board of Commissioners - February 6, 2023 ITEM: 12- 7 - 1 Page 1 of 6 Conditional Zoning District Application – Updated 02-2022 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 Procedures (Optional) Pre-Application Conference 1 Community Information Meeting 2 Application Submittal & Acceptance 3 Planning Director Review & Staff Report (TRC Optional) 4 Public Hearing Scheduling & Notification 5 Planning Board Hearing & Recom- mendation 6 Board of Commissioners Hearing & Decision 7 Post-Decision Limitations and Actions 1. Applicant and Property Owner Information Applicant/Agent Name Owner Name (if different from Applicant/Agent) Company Company/Owner Name 2 Address Address City, State, Zip City, State, Zip Phone Phone Email Email Cindee Wolf Design Solutions P.O. Box 7221 Wilmington, NC 28406 910-620-2374 cwolf@lobodemar.biz Paul A. & Jane Chaucer P.O. Box 591 Castle Hayne, NC 28429 910-264-3507 (Contact: Jane Chaucer) jemchaucer@gmail.com Board of Commissioners - February 6, 2023 ITEM: 12- 7 - 2 Page 2 of 6 Conditional Zoning District Application – Updated 02-2022 2. Subject Property Information Address/Location Parcel Identification Number(s) Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification 3. Proposed Zoning, Use(s), & Narrative Proposed Conditional Zoning District: 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. 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. 2626 Castle Hayne Road 312907.68.0445 [R03311-004-017-001] 0.362 ac. / 15,750 s.f. R-20 Community Mixed-Use 0.362 ac. / Vacant Residence (CZD) CB The petition is for a rezoning of the subject parcel for Residential (R-20) to Conditional Zoning District - Community Business [(CZD) CB]. The proposed project is to renovate the existing structure for commercial use(s), which would include: * Business & Professional Offices * Instructional Services & Studios * Personal Services (General, excluding Tattoo Parlor) * Retail Sales (General) The existing access drive to Castle Hayne Road will be upgraded to a commercial driveway with permitting by NCDOT. Plantings will be installed along Castle Hayne Road frontage to meet current "street yard" landscape requirements. Any free-standing sign(s) on the site shall be monument-style with landscaping around the base of the sign. No pole signs shall be permitted. Exterior lighting shall be controlled so that light spillage & glare is not directed at adjacent properties, neighboring areas, or motorists. Board of Commissioners - February 6, 2023 ITEM: 12- 7 - 3 Page 3 of 6 Conditional 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: 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. ?? Health / Fitness Club (492) 2200 s.f. GFA 3 8 Board of Commissioners - February 6, 2023 ITEM: 12- 7 - 4 Page 4 of 6 Conditional 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 - February 6, 2023 ITEM: 12- 7 - 5 Page 5 of 6 Conditional Zoning District Application – Updated 02-2022 Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under “Applicant Initial”. If an item is not applicable, mark as “N/A”. Applications determined to be incomplete must be corrected in order to be processed for further review; Staff will confirm if an application is complete within five business days of submittal. Application Checklist 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 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 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 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 CAW CAW CAW CAW CAW CAW CAW N/A Board of Commissioners - February 6, 2023 ITEM: 12- 7 - 6 Board of Commissioners - February 6, 2023 ITEM: 12- 7 - 7 Board of Commissioners - February 6, 2023 ITEM: 12- 7 - 8 Legal Description for Conditional Zoning District For 2626 Castle Hayne Road Beginning at a point in the eastern boundary of Castle Hayne Road (U.S. Hwy. 117), a 100’ public right‐of‐way; said point being located southwardly along the right‐of‐way 343.8 feet from its intersection with the centerline of Sheridan Drive (S.R. 1324), a 50’ public right‐of‐way; and running thence from the point of beginning: North 87000’00” East, 150.00 feet to a point; thence South 03000’00” East, 105.00 feet to a point; thence South 87000’00” West, 150.00 feet to a point in the eastern boundary of Castle Hayne Road; thence with that right‐of‐way, North 03000’00” West, 105.00 feet to the point and place of beginning, containing 15,750 Square feet, or 0.362 acres, more or less. Board of Commissioners - February 6, 2023 ITEM: 12- 7 - 9 REPORT OF COMMUNITY MEETING REQUIRED BY NEW HANOVER COUNTY ZONING ORIDINANCE FOR CONDITIONAL DISTRICT REZONINGS Project Name: Gardenia Lane (2626 Castle Hayne Road) Proposed Zoning: R-20 to (CZD) CB (0.362) 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 November 10, 2022 . A copy of that written notice and site layout are also attached. The meeting was held at the following time and place: Wednesday, November 23rd, 6:00 p.m.; at the property, 2626 Castle Hayne Road. The persons in attendance at the meeting were: Reference attached sign-in list The following issues were discussed at the meeting: A brief presentation was given on the intent of the owner / petitioner to renovate the existing structure as an establishment for women’s services, instructional studio, and crafts retail sales, and the specifics of a conditional zoning district. The plan was shown parking in the rear yard. Comments were made about the drainage characteristics around the subject and adjacent yards. The owner & neighbors agreed to work together to assure minimal impacts. Overall, the consensus appeared to be support, feeling that it would be an upgrade of the subject property value and neighborhood aesthetics. Date: November 27, 2022 Applicant: Design Solutions By: Cindee Wolf Board of Commissioners - February 6, 2023 ITEM: 12- 7 - 10 Board of Commissioners - February 6, 2023 ITEM: 12- 7 - 11 Board of Commissioners - February 6, 2023 ITEM: 12- 7 - 12 Board of Commissioners - February 6, 2023 ITEM: 12- 7 - 13 ADJACENT PROPERTIES WITHIN 500' OF 2626 CASTLE HAYNE ROAD: PROPERTY OWNER MAILING ADDRESS CITY / STATE / ZIP PROPERTY ADDRESS ADVANCE STORES CO INC 5008 AIRPORT RD ROANOKE, VA 24012 2609 CASTLE HAYNE RD WILMINGTON ALHOBISHI C‐STORES & RENTALSI PO BOX 807 SAINT PAULS, NC 28384 2636 CASTLE HAYNE RD WILMINGTON ALLMAN ALLEN P 2630 CASTLE HAYNE RD WILMINGTON, NC 28401 2630 CASTLE HAYNE RD WILMINGTON ASSURED QUALITY HOLDINGS LLC 201 CAPE FEAR BLVD CAROLINA BEACH, NC 28428 2549 CASTLE HAYNE RD WILMINGTON B&C WRIGHTSBORO LLC PO BOX 3743 WILMINGTON, NC 28406 2616 CASTLE HAYNE RD WILMINGTON CLARK CALEB A8 LAUREL DR WILMINGTON, NC 28401 8 LAUREL DR WILMINGTON GOMEZ RAMON GUADALUPE SANCHEZ 5916 SALTEE WAY WILMINGTON, NC 28409 10 SHERIDAN DR WILMINGTON HAGER JOHN A ETAL 112 HORNE PLACE DR WILMINGTON, NC 28401 112 HORNE PLACE DR WILMINGTON HUGHES CREDIT SHELTER TRUST 1650 MIL CUTOFF RD STE 200 WILMINGTON, NC 28403 110 HORNE PLACE DR WILMINGTON HUGHES JOYCE S 5917 MYRTLE GROVE RD WILMINGTON, NC 28409 2629 CASTLE HAYNE RD WILMINGTON HUGHES JOYCE S 5917 MYRTLE GROVE RD WILMINGTON, NC 28409 2625 CASTLE HAYNE RD WILMINGTON INMAN DAN E MARIE P 130 CARL SEITTER DR WILMINGTON, NC 28401 3512 KERR AVE N WILMINGTON INMAN DAN E MARIE P 130 CARL SEITTER DR WILMINGTON, NC 28401 3516 KERR AVE N WILMINGTON JP PORTER LLC 163 VOYAGER WAY HAMPSTEAD, NC 28443 2604 CASTLE HAYNE RD WILMINGTON MALAVE VINCENT 133 TRIBUTARY CT WILMINGTON, NC 28401 2624 CASTLE HAYNE RD WILMINGTON MCCANDLESS ELEANOR N 1911 KNOLLWOOD DR WILMINGTON, NC 28403 12 LAUREL DR WILMINGTON MCDOWELL SHELVIA S4 LAUREL DR WILMINGTON, NC 28401 4 LAUREL DR WILMINGTON MCGUIRE JERRY 116 HORNE PLACE DR WILMINGTON, NC 28401 116 HORNE PLACE DR WILMINGTON MORTON STEVEN C PATRICIA J 111 HORNE PLACE DR WILMINGTON, NC 28401 111 HORNE PLACE DR WILMINGTON NEW HANOVER COUNTY 230 GOV CENTER DR STE 190 WILMINGTON, NC 28403 2716 CASTLE HAYNE RD WILMINGTON OREILLY AUTOMOTIVE STORES INC 233 PATTERSON AVE S SPRINGFIELD, MO 65802 2608 CASTLE HAYNE RD WILMINGTON OUTER RIM ENTERPRISES INC 3508 KERR AVE N WILMINGTON, NC 28405 3508 KERR AVE N WILMINGTON PHILLIPS 66 COMPANY PO BOX 5600 BARTLESVILLE, OK 74005 2629 CASTLE HAYNE RD WILMINGTON PHILLIPS 66 COMPANY PO BOX 5600 BARTLESVILLE, OK 74005 2636 CASTLE HAYNE RD WILMINGTON PLOTNER STANLEY J VANESSA E 225 SATARA DR WILMINGTON, NC 28412 2705 CASTLE HAYNE RD WILMINGTON PRIDGEN MANLEY M II 14 SHERIDAN DR WILMINGTON, NC 28401 14 SHERIDAN DR WILMINGTON PRIDGEN MANLEY M II 14 SHERIDAN DR WILMINGTON, NC 28401 14 SHERIDAN DR WILMINGTON RCJ HOLDINGS LLC 311 HERMITAGE RD CASTLE HAYNE, NC 28429 115 HORNE PLACE DR WILMINGTON SHORT ANDREW D 3321 AMMONS DR WILMINGTON, NC 28405 2615 CASTLE HAYNE RD WILMINGTON WILLIAMS JANET HERRING ETAL 511 ASHLEY PL JACKSONVILLE, NC 28546 WILLIAMS SAMANTHA 2701 CASTLE HAYNE RD WILMINGTON, NC 28401 2701 CASTLE HAYNE RD WILMINGTON WRIGHTSBORO PLAZA 111 PRINCESS ST WILMINGTON, NC 28401 2601 CASTLE HAYNE RD WILMINGTON WRIGHTSBORO PLAZA 111 PRINCESS ST WILMINGTON, NC 28401 2605 CASTLE HAYNE RD WILMINGTON Board of Commissioners - February 6, 2023 ITEM: 12- 7 - 14 November 10, 2022 To: Adjacent Property Owners From: Cindee Wolf Re: Gardenia Lane – a Women’s Boutique & Studio 2626 Castle Hayne Road My Client is interested in using the existing structure at this address as space for instructional services, sale of crafts, and a studio for education & activities. Your property is located within the proximity of the proposed project. This proposal would require a Conditional Zoning District approval from New Hanover County. A Conditional Zoning District allows particular uses to be established only in accordance with specific standards and conditions pertaining to each individual development project. Essentially, this means that only a specific set of uses, in this case the existing structure and proposed property improvements, of an approved proposal can be developed. The County requires that the developer hold a meeting for all property owners within 500 feet of the tract boundary, and any and all other interested parties. This provides neighbors with an opportunity for explanation of the proposal and for questions to be answered concerning project improvements, benefits and impacts. A meeting will be held on Wednesday, November 23rd, 6:00 p.m., there at the property location, 2626 Castle Hayne Road. If you cannot attend, you are also welcome to contact me at telephone # 910‐620‐2374, or email cwolf@lobodemar.biz with comments and/or questions. We appreciate your interest in the project, and look forward to being a good neighbor and an asset to the community. Board of Commissioners - February 6, 2023 ITEM: 12- 7 - 15 Board of Commissioners - February 6, 2023 ITEM: 12- 7 - 16 Concept Plan Board of Commissioners - February 6, 2023 ITEM: 12- 8 - 1 Board of Commissioners - February 6, 2023 ITEM: 12- 9 - 1 Public Comments In Support X Neutral X In Opposition X Board of Commissioners - February 6, 2023 ITEM: 12- 10 - 1 N E W H A N OV E R C O U N T Y B OA R D O F C O M M I S S I O N E R S R EQU E S T F O R B OA R D A C T I O N M E E T I N G DAT E : 2/6/2023 Regular D E PA R T M E N T: Planning P R E S E N T E R (S ): Robert Farrell, Senio r Planner C O N TA C T (S ): Robert Farrell; Rebekah Ro th, Pla nning & L and U se D irector S U B J EC T: Quasi-J udicial Hearing S pec ial U se Permit Request (S 22-03) - Request by T homas J ohnson with S ky way Towers, applic ant, on behalf of Kenneth and E loise Parker, property owners, for a S pec ial U se Perm it for a Wireless S upport S truc ture to be located on an approximately 4.28 acre parcel east of the intersec=on of P lanta=on Road and M ilitary C utoff E xtension which is currently zoned R -15, Residen=al. B R I E F S U M M A RY: T he applica nt is reques ng a special use permit to construct and o perate a 195' tall wireless support structure on an appro ximately 4.28-acre pa rc el lo cated alo ng Planta o n Road east of the intersec o n of Planta o n Roa d and Military C utoff E xtension currently under co nstruc on. T he pro perty is currently undevelo ped a nd is zoned R -15, which allo ws wireless suppo rt structures with a special use permit. T he wireless suppo rt structure, which is designed as a concealed, mo nopole antenna wireless co mmunica on f acility, will ha ve a tota l overall height of 199 feet when including a 4-foot lightning ro d. I t will be designed to accommodate four (4) wireless carriers. C ellular a ntennae will be placed at heights of 160’, 170’, 180’ and 193’. T he tower will be situated within a 50’ x 50’ (2,500 sf) fenced-in equipment co mpound within a 100’ x 100’ (1,000 sf ) lea se area with required buffers and la ndsca ping mee ng the requirements of the U nified Development O rdinance (U D O ). To wer illumina o n is not required. T he U D O requires wireless towers within general residen a l distric ts to u lize f aux tree stealthing unless the requirement is exempted by the B oard of C ommissioners as a condi on o f approval. T he pro posed tower will be concealed as a pine tree to match the trees in the surrounding a rea . Access to the tower site will be provided through a new 25’ wide, 390’ long gated gravel access and u lity easement from Planta o n Road. Maintenance at the proposed to wer is es ma ted to generate fewer than five trips per mo nth. T he es mated trip genera on for this request is under the 100 peak ho ur threshold tha t triggers the ordinance requirement for a Traffic I mpact Analysis (T I A). T he applica on includes pho to graphic simula ons from various vantage points in the immedia te vicinity that show the tower ’s an cipated visual impact, an affidavit c er fying tha t radio f requency emissio ns will comply with Federal C o mmunica ons C o mmissio n (F C C ) standards, a determina on f ro m the Federal Avia o n Administra o n (FA A) that the facility will not be a hazard to air naviga on, and an impact analysis conducted by a N o rth C arolina cer fi ed general real estate appraiser. T he 2016 C omprehensive L and U se Plan cla ssifi es the subject property as C ommunity Mixed U se. T he intent of this place type fo cuses on small-sca le, c o mpa ct, mixed use development paCerns that serve all mo des o f travel and act as an aCractor f o r co unty residents and visitors. Types o f appro priate uses include offi ce, retail, mixed use, recrea o nal, commercial, ins tu o nal, and mul -family and single-f amily residen al. W hile wireless suppo rt structures and o ther Board of Commissioners - February 6, 2023 ITEM: 13 inf rastructure are common in co ntemporary land develo pment paCerns, the C o mprehensive Plan do es not specifically address their lo ca on. H o wever, the C omprehensive Pla n’s implementa on guidelines do aim to support business success, workforce develo pment, and ec o nomic pro sperity, and telec o mmunica ons inf rastructure, when placed to best serve the needs o f surro unding residents, business, and ins tu o nal uses, can help to advance those goals. T he Pla nning B oard ho lds a preliminary f o rum for Special U se Permits. T he purpose o f the preliminary forum is for the Planning B oard, public, and applicant to discuss and co nsider the request bef o re it mo ves to the B o ard o f C o mmissio ners for a quasi-judicial hearing. T he preliminary forum is not a public hearing, and the Planning B oard does not make a recommenda on on special use permit requests. T here are four principal fi ndings of fact the B oard o f C ommissioners must answer when considering a Special U se Permit request: 1. W ill not materially endanger the public health o r sa f ety; 2. Meets all required co ndi ons and specifica o ns o f the U nifi ed D evelo pment O rdinance; 3. W ill not substan ally injure the value of adjoining or a buGng property; 4. W ill be in harmony with the area in which it is loca ted and in general conformity with the C o mprehensive L and U se Plan for N ew Hano ver C o unty. S T R AT EGI C P L A N A L I G N M E N T: R EC O M M E N D E D M OT I O N A N D R EQU E S T E D A C T I O N S : E xample M o=on for A pproval: Mo on to approve, as the board finds that this a pplic a on f o r a S pecial U se Permit meets the four required conclusio ns based on the findings of fact included in the Sta ff Report. [O P T I O N A L ] N ote any findings of fact related to the f o ur required co nclusions. [O P T I O N A L ] N ote any added condi ons required for the pro posal to meet the conclusio ns o f law. [L ist Condi ons] Su g g ested Condi o n : C o ndi o ns may be added to a Special U se Permit with the consent of the applicant. E xample M o=on for Denial: Mo on to deny, as the B oard cannot find that this pro posal: 1. W ill not materially endanger the public health o r sa f ety; 2. Meets all required co ndi ons and specifica o ns o f the U nifi ed D evelo pment O rdinance; 3. W ill not substan ally injure the value of adjoining or a buGng property; 4. W ill be in harmony with the area in which it is loca ted and in general co nformity with the C o mprehensive L and U se Plan for N ew Hano ver C o unty. [S tate the fi nding(s) that the applicant does not mee t and include reasons why it is not being met] Board of Commissioners - February 6, 2023 ITEM: 13 AT TA C H M E N T S : Descrip on S22-03 BOC Script S22-03 Staff Report S22-03 Zoning Map S22-03 Future Land Use Map S22-03 Mailout Map Applicant Materials Cover Sheet S22-03 Applicant Materials Balloon Test Simulated Imagery Impact Study Concept Plan Cover Sheet Concept Site Plan S22-03 Public Comments C O U N T Y M A N AG E R'S C O M M E N T S A N D R EC O M M E N DAT I O N S : (only M anag er) T he board’s decision to approve or deny an application for a S pecial U se P ermit should be based solely on the competent and material evidence presented during the public hearing. C O M M I S S I O N E R S ' A C T I O N S : C ontinued to the M arch 6, 2023 agenda at the request of the petitioner 5-0. Board of Commissioners - February 6, 2023 ITEM: 13 SCRIPT for SPECIAL USE PERMIT Application (S22-03) Request by Thomas Johnson with Skyway Towers, applicant, on behalf of Kenneth and Eloise Parker, property owners, for a Special Use Permit for a Wireless Support Structure to be located on an approximately 4.28 acre parcel east of the intersection of Plantation Road and Military Cutoff Extension which is currently zoned R-15, Residential. 1. Swear witnesses: Announce that “the Special Use Permit process requires a quasi-judicial hearing; therefore, any person wishing to testify must be sworn in. All persons who signed in to speak and wish to present competent and material testimony please step forward to be sworn in. Thank you.” 2. This is a quasi-judicial hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and additional 5 minutes for rebuttal. 3. Conduct hearing, as follows: a. Staff presentation b. Applicant’ s presentation (up to 15 minutes) c. Opponent’s presentation (up to 15 minutes) d. Applicant’s cross examination/rebuttal (up to 5 minutes) e. Opponent’s cross examination/rebuttal (up to 5 minutes) 4. Close the hearing 5. Board discussion 6. Ask Applicant whether he/she agrees with staff findings. 7. Vote on the Special Use Permit application. Motion to approve the permit - All findings are positive. Motion to approve the permit, subject to conditions specified below: (State Conditions) ___________________________________________________________________________ ___________________________________________________________________________ Motion to deny the permit because the Board cannot find: a. That the use will not materially endanger the public health or safety if located where proposed for the following reason: ________________________________________________________________________ ________________________________________________________________________ b. That the use meets all required condition and specifications: ________________________________________________________________________ ________________________________________________________________________ c. That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity: ________________________________________________________________________ ________________________________________________________________________ Board of Commissioners - February 6, 2023 ITEM: 13- 1 - 1 d. That the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County: ________________________________________________________________________ ________________________________________________________________________ Example Motion for Approval: Motion to approve, as the Board finds that this application for a Special Use Permit meets the four required conclusions based on the findings of fact included in the Staff Report. [OPTIONAL] Note any additional findings of fact related to the four required conclusions. [OPTIONAL] Note any added conditions required for the proposal to meet the conclusions of law: Suggested Condition(s): Conditions may be added to a Special Use Permit with the consent of the applicant. Example Motion for Denial: Motion to deny, as the Board cannot find that this proposal: 1. Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Unified Development Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; 4. Will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. [State the finding(s) that the application does not meet and include reasons to why it is not being met] Board of Commissioners - February 6, 2023 ITEM: 13- 1 - 2 S22-03 Staff Report BOC 2.6.2023 Page 1 of 16 STAFF REPORT FOR S22-03 SPECIAL USE PERMIT APPLICATION APPLICATION SUMMARY Case Number: S22-03 Request: Special Use Permit for a Wireless Support Structure Applicant: Property Owner(s): Thomas Johnson on behalf of Skyway Towers Kenneth and Eloise Parker Location: Acreage: Unaddressed Parcel on Plantation Road 4.28 PID(s): Comp Plan Place Type: R02800-004-012-001 Community Mixed Use Existing Land Use: Proposed Land Use: Vacant, Undeveloped Land New Wireless Support Structure Current Zoning: R-15, Residential SURROUNDING AREA LAND USE ZONING North Undeveloped R-15 East Undeveloped PD South Undeveloped R-15 West Undeveloped R-15 Board of Commissioners - February 6, 2023 ITEM: 13- 2 - 1 S22-03 Staff Report BOC 2.6.2023 Page 2 of 16 ZONING HISTORY July 7, 1972 Initially zoned R-15 (Area 8B) COMMUNITY SERVICES Water/Sewer Water and Sewer is not available through CFPUA. Proposed use will not require water or sewer service. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Porters Neck Station Schools Murrayville Elementary, Trask Middle, and Laney High Schools Recreation Smith Creek Park and Laney High School Tennis Courts CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation The County’s Conservation Resources Map indicates that pocosin conservation area is present on the site. Non-residential projects disturbing less than 1 acre are exempt from Section 5.7 Conservation Resources. The applicant has delineated wetlands on the site plan. Historic No known historic resources Archaeological No known archaeological resources Board of Commissioners - February 6, 2023 ITEM: 13- 2 - 2 S22-03 Staff Report BOC 2.6.2023 Page 3 of 16 EXISTING CONDITIONS AND PROPOSED SITE PLAN Site Plan for Proposed Wireless Support Structure • The applicant is requesting a special use permit to construct a new concealed, monopole wireless support structure. • The subject site is located on approximately 4.98 acres located on Plantation Drive, adjacent to a ramp serving the new Military Cutoff Extension current under construction. • Site access is proposed through a full access driveway from Plantation Drive. • The site plan provided by the applicant shows the proposed location of the tower, driveway, an existing pond and delineated wetlands. N Proposed 195’ Monopole Tower Pr o p o s e d D r i v e w a y Existing Pond Board of Commissioners - February 6, 2023 ITEM: 13- 2 - 3 S22-03 Staff Report BOC 2.6.2023 Page 4 of 16 Equipment Compound for Proposed Wireless Support Structure • The equipment compound is proposed within a 10,000 square foot leased area that includes a 50’ by 50’ fenced compound surrounded by a landscape buffer. N 100’ x 100’ leased area Landscape Buffer 50’ x 50’ Fenced Compound Tower Site Proposed Driveway Board of Commissioners - February 6, 2023 ITEM: 13- 2 - 4 S22-03 Staff Report BOC 2.6.2023 Page 5 of 16 Concealed Monopole Elevation • The proposed tower is 195’ with a 4’ lightning rod for an overall height of 199’. • Cellular antenna will be placed at the height of 193’ with 3 spaces for additional carriers to collocate on the tower at a heights of 160’, 170, and 180’. • In accordance with Section 4.3.3.C.6.c.5 of the Unified Development Ordinance (UDO) the tower is proposed with concealment methods that will give the tower the appearance of a pine tree, a tree species common to the surrounding area. 4’ Lightning Rod 195’ Tower Height 4 Wireless Carriers Faux Pine Concealment Board of Commissioners - February 6, 2023 ITEM: 13- 2 - 5 S22-03 Staff Report BOC 2.6.2023 Page 6 of 16 ZONING CONSIDERATIONS • New wireless support structures are permitted in the R-15 district with the approval of a Special Use Permit and are subject to supplemental standards in Section Section 4.3.3.C of the Unified Development Ordinance (UDO). These standards generally address setbacks, outside agency certifications, signage, landscaping, aesthetic appearance and collocation. • As proposed, the site plan meets the specifications of Section 4.3.3.C of the UDO. • In accordance with NC General Statute 160D-932 the county cannot base its permitting decision on public safety implications of radio frequency emissions of wireless facilities. • Wireless support structures located in general residential districts shall be required to utilize faux tree stealthing and shall be designed to match a species of tree located in the area of the proposed tower. • A wireless support structure may be exempted from the faux tree stealthing requirement only by the Board of Commissioners as a condition of approval of a Special Use Permit. Board of Commissioners - February 6, 2023 ITEM: 13- 2 - 6 S22-03 Staff Report BOC 2.6.2023 Page 7 of 16 AREA SUBDIVISIONS UNDER DEVELOPMENT Board of Commissioners - February 6, 2023 ITEM: 13- 2 - 7 S22-03 Staff Report BOC 2.6.2023 Page 8 of 16 TRANSPORTATION Access • Access to the site is proposed through a 35-foot-wide private access and utility easement to Plantation Road. • Due to infrequent maintenance requirements, the Institute of Transportation Engineers (ITE) does not provide estimated trip generation rates for wireless towers. • The applicant has estimated the number of trips to the site will be less than 5 per month. • The estimated trip generation for this request is under the 100 peak hour threshold that triggers the ordinance requirement for a Traffic Impact Analysis (TIA). Board of Commissioners - February 6, 2023 ITEM: 13- 2 - 8 S22-03 Staff Report BOC 2.6.2023 Page 9 of 16 • The Military Cutoff Extension NCDOT project is adjacent to the subject site. That project is anticipated to be completed in 2023. Nearby Planned Transportation Improvements and Traffic Impact Analyses • Intensity Approx. Peak Hour Trips Existing Development: Vacant 0 AM / 0 PM Proposed Development 195’ Tall Wireless Support Structure Estimated 5 trips per month Potential Net Change: - + 5 trips per month Board of Commissioners - February 6, 2023 ITEM: 13- 2 - 9 S22-03 Staff Report BOC 2.6.2023 Page 10 of 16 Nearby NC STIP Projects: • STIP Project U-4751 (Military Cutoff Extension) o Project to extend Military Cutoff from Market Street to I-140. o The project is currently under construction and is expected to be completed in early- 2023. o The extension of Military Cutoff will utilize a super-street design and bisect the subject site. Lendire Road/Brittany Lakes Drive, Torchwood Boulevard, and Putnam Drive/Bradfield Court will connect to the Military Cutoff extension, allowing access to neighborhoods west of the site. 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, including the eastern side of the subject site as shown on the proposed master plan. 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. Hanover Reserve • 102,700 sq ft Mini- Warehouse • 405 Multi-Family Units • 100 Room Hotel • 26,000 sq ft General Office Building • 36,400 sq ft Medical – Dental Office • 106,922 sq ft Shopping Center • 17,540 sq ft High-Turnover Restaurant • 5,610 sq ft Convenience Store / Gas Station • TIA approved July 20, 2021 • 2030 Build Out Year The TIA requires improvements be completed at certain intersections in the area. The notable improvements consist of: • Install a left and right turn laned with 100 feet of storage and appropriate deceleration lane and taper at the Murrayville Road extension for future driveway access to Hanover Reserve Townhomes. • Provide dual southbound U-Turn lanes on Military Cutoff Extension: one with 500 feet of storage and one with 200 feet of storage. And provide signalization, which will need to be incorporated into the City of Wilmington signal system. • Install a single lane roundabout with 500 feet of internal protected stem on northern site access drive and 100 feet of internal protected stem on southern site access drive on Murrayville Road. Board of Commissioners - February 6, 2023 ITEM: 13- 2 - 10 S22-03 Staff Report BOC 2.6.2023 Page 11 of 16 • Connect Murrayville Road Extension at the designated controlled access point on Military Cutoff Road. Provide southbound right turn lane with 250 feet of full storage and appropriate deceleration length and taper. Provide dual eastbound right turn lanes on Murrayville Road Extension: one with full storage and one with 400 feet of storage. • Provide dual westbound right turn lanes: one with full storage and one with 250 feet of storage at Military Cutoff and Torchwood Blvd subject to reevaluation upon completion of Military Cutoff. • Provide a northbound right turn lane at Military Cutoff and Plantation Road beginning at the southbound to northbound U-Turn bulb. Provide dual westbound right turn lanes on Plantation Road: one with full storage and one with 200 feet of storage with signalization. Nearby Proposed Developments included within the TIA: • Bayshore Commercial • The Landing at Lewis Creek • Cameron Trace Development Status: Development and improvements are currently under construction. ENVIRONMENTAL • The subject property is not within any Special Flood Hazard Areas • The property is not within a Natural Heritage Area. • The subject property is located within the Smith Creek Watershed. • The New Hanover County Conservation Resources Map indicate that pocosin wetlands may be present on the site. Non-residential projects disturbing less than 1 acre are exempt from Section 5.7 Conservation Resources. • The applicant has delineated wetlands on the property and is working with the Army Corps of Engineers permit process to fill some of the wetland area. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class III (severe limitation) soils however the proposed wireless support structure will not require a septic system. OTHER CONSIDERATIONS Context and Compatibility • Photographic simulations from various vantage points provided with the application show the tower’s anticipated visual impact. • As a requirement of the UDO, the tower will be utilizing faux pine tree concealment to reduce the tower’s impact on surrounding properties. • The site is predominately cleared with minimal impact on existing trees on site. • The applicant has supplied an affidavit certifying that radio frequency emissions will comply with Federal Communications Commission (FCC) standards and a determination from the Federal Aviation Administration (FAA) that the facility will not be a hazard to air navigation. Board of Commissioners - February 6, 2023 ITEM: 13- 2 - 11 S22-03 Staff Report BOC 2.6.2023 Page 12 of 16 • The applicant has also provided an impact analysis conducted by a North Carolina certified general real estate appraiser which concludes that neighboring property values will not be adversely impacted by the proposed tower. • The area to the west of the site is the Hanover Reserve Planned Development. Hanover Reserve was approved in August 2021 and includes area for residential and commercial development along Military Cutoff with an extension of Murrayville Road that will be installed by the developer. • The proposed uses include a mix of housing types at 7.5 dwelling units per acre as well as a mix of restaurant, retail, office and other general commercial uses. 2016 COMPREHENSIVE LAND USE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County’s future land use, as designated by place types describing the character and function of the different types of development that make up the community. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. Future Land Use Map Place Type Community Mixed Use Place Type Description Focuses on small-scale, compact, mixed use development patterns that serve all modes of travel and act as an attractor for county residents and visitors. Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi-family and single-family residential. Board of Commissioners - February 6, 2023 ITEM: 13- 2 - 12 S22-03 Staff Report BOC 2.6.2023 Page 13 of 16 Analysis The intent of the Community Mixed Use place type is to provide community- level service nodes and / or transitions between lower density housing and higher intensity development specifically along major highway corridors. While wireless support structures and other infrastructure are common in contemporary land development patterns, the Comprehensive Plan does not specifically address their location. However, the implementation guidelines of the Comprehensive Plan do aim to support business success, workforce development, and economic prosperity. Wireless support structures when placed to best serve the needs of surrounding residents, businesses, and institutional uses, can help to advance those goals. STAFF PRELIMINARY CONCLUSIONS AND FINDINGS OF FACT: Staff has conducted an analysis of the proposed use and the information provided as part of the application package and has created preliminary findings of fact for each of the conclusions required to be reached to approve the special use permit request. These preliminary findings of fact and conclusions are based solely on the information provided to date, prior to any information or testimony in support or opposition to the request that may be presented at the upcoming public hearing at the Board meeting. Conclusion 1: The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. Public water and sewer infrastructure and capacity are not available to serve the site but are not necessary for the proposed use. B. The subject property is located in the New Hanover County Northern Fire Service District. C. Access to the tower site will be provided by a gated 25’ wide access and utility easement to Plantation Road. D. The subject site does not host any known cultural or archaeological resources. E. The National Wetlands Inventory and the New Hanover County Conservation Resources Map indicate that pocosin wetlands may be present on the site. The applicant has delineated wetlands on the site and submitted permits to the Army Corps of Engineers to fill a portion of the wetland area. F. The proposed use will generate an estimated 5 trips per month for maintenance purposes resulting in virtually no traffic. Conclusion 2: The Board must find that the use meets all required conditions and specifications of the Unified Development Ordinance. A. Wireless Communication Facilities, including Wireless Support Structures, are allowed by Special Use Permit in the R-15, Residential zoning district provided that the project meets the standards of Section 4.3.3.C of the Unified Development Ordinance. Board of Commissioners - February 6, 2023 ITEM: 13- 2 - 13 S22-03 Staff Report BOC 2.6.2023 Page 14 of 16 B. Section 4.3.3.C.1.a requires that the setback for any wireless support structure in any zoning district shall be setback from any existing residential property line or residential zoning district boundary a distance equal to the height of the tower as measured from the base of the tower. The location of the proposed 199’-tall tower will be more than 199’ from all property lines, meeting the setback requirement of Section 4.3.3.C.1.a. C. Section 4.3.3.C.1.b requires that all applicants seeking approval shall also submit a written affidavit from a qualified person or persons, including evidence of their qualifications, certifying that the construction or placement of such structures meets the provisions of the Federal Communications Act, 47 U.S.C. 322, as amended, section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012, 47 U.S.C. 1455(a), in accordance with the rules promulgated by the Federal Communications Commission (FCC), and all other applicable federal, state and local laws. The statement must certify that radio frequency emissions from the antenna array(s) comply with the FCC standards. The statement shall also certify that both individually and cumulatively the proposed facilities located on or adjacent to the proposed facility will comply with current FCC standards. Documentation in the application package meets these requirements. D. Section 4.3.3.C.1.d regulates the signage allowed on the tower and related equipment. Signage proposed on the site consists of identification, registration, and safety signs which are compliant with this ordinance provision. E. Section 4.3.3.C.6.c.2 requires the applicant to submit photographs and statements as to the potential visual and aesthetic impacts on all adjacent residential zoning districts. Information provided in the application packet meets this requirement. F. Section 4.3.3.C.6.a.1 requires a landscaped buffer with a base width not less than 25 feet and providing 100% opacity, in addition to a minimum 8 ft. tall fence surrounding the tower base. The proposed landscape buffer shown on the applicant’s submitted site plan meets this requirement. G. Section 4.3.3.C.6.a.2 requires that wireless support structures 150’ in height or less shall be engineered to accommodate a minimum of one additional provider. The proposed tower is 199’ tall and has been designed to accommodate a total of four providers’ antennae and equipment, meeting this ordinance requirement. H. Section 4.3.3.C.6.a.3 prohibits the storage of equipment, hazardous waste, or materials not needed for the operation, prohibits outdoor storage yards in a tower equipment compound, and prohibits habitable space within this area. The applicant’s proposal complies with this ordinance section. I. Section 4.3.3.C.1.b requires that, when the proposed tower site is within 10,000 feet of an airport or within any runway approach zone, the applicant submit Form 7460 to the Federal Aviation Administration (FAA) to assure compliance with all FAA standards. An FAA Determination of No Hazard to Air Navigation has been provided by the applicant and indicates that the site and proposal are in compliance with FAA regulations. Conclusion 3: The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. The location of the proposed wireless support structure is on a vacant property in the Greenview Ranch subdivision. The tower site and associated equipment storage area will be on a 100’ x 100’ (10,000 sf) leased area within this parcel. Board of Commissioners - February 6, 2023 ITEM: 13- 2 - 14 S22-03 Staff Report BOC 2.6.2023 Page 15 of 16 B. The National Wetlands Inventory and the New Hanover County Conservation Resources Map indicate that pocosin wetlands may be present on the site. Non-residential projects disturbing less than 1 acre are exempt from Section 5.7 Conservation Resources. C. The applicant has delineated wetlands on the site and submitted permits to the Army Corps of Engineers to fill a portion of the wetland area. D. The nearest residential structures range from approximately 950’ to the east of the proposed tower location. E. The predominant land use in the immediate vicinity of the subject site is forested with few residentially developed lots. F. A 25’ wide buffer surrounding the tower base and equipment compound will provide visual screening. G. Evidence has been submitted in the form of an impact analysis by Tom Johnson, a North Carolina Certified General Real Estate Appraiser, that the proposal will not have significant adverse impact on adjoining and abutting properties. H. No contradictory evidence has been submitted that this project will substantially injure the value of adjoining or abutting properties. Conclusion 4: The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. A. The subject site is currently undeveloped. B. The site is bounded by vacant residentially zoned property to the north, east, and south and the new Military Cutoff Extension to the west. C. The nearest dwelling is located approximately 950 feet from the site. D. The predominant land use in the immediate vicinity of the subject site is forested land with few residentially developed lots. E. The area to the west of the site is the Hanover Reserve Planned Development. Hanover Reserve was approved in August 2021 and includes area for residential and commercial development along Military Cutoff with an extension of Murrayville Road that will be installed by the developer. The proposed uses include a mix of housing types at 7.5 dwelling units per acre as well as a mix of restaurant, retail, office and other general commercial uses. F. The Comprehensive Plan classifies the property as Community Mixed Use which focuses on small-scale, compact, mixed use development patterns that serve all modes of travel and act as an attractor for county residents and visitors. Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi-family and single-family residential. The intent of the Community Mixed Use place type is to provide community-level service nodes and / or transitions between lower density housing and higher intensity development specifically along major highway corridors. While wireless support structures and other infrastructure are common in contemporary land development patterns, the Comprehensive Plan does not specifically address their location. However, the implementation guidelines of the Comprehensive Plan do aim to support business success, workforce development, and economic prosperity. Wireless support structures when placed Board of Commissioners - February 6, 2023 ITEM: 13- 2 - 15 S22-03 Staff Report BOC 2.6.2023 Page 16 of 16 to best serve the needs of surrounding residents, businesses, and institutional uses, can help to advance those goals. EXAMPLE MOTIONS Example Motion for Approval: Motion to approve, as the Board finds that this application for a Special Use Permit meets the four required conclusions based on the findings of fact included in the Staff Report. [OPTIONAL] Note any additional findings of fact related to the four required conclusions [OPTIONAL] Note any added conditions required for the proposal to meet the conclusions of law: [List Conditions] Suggested Condition: Conditions may be added to a Special Use Permit with the consent of the applicant. Example Motion for Denial: Motion to deny, as the Board cannot find that this proposal: 1. Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Unified Development Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; 4. Will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. [State the finding(s) that the application does not meet and include reasons why it is not being met] Board of Commissioners - February 6, 2023 ITEM: 13- 2 - 16 SpringerRd Brittany Pointe r C t Flu s h i n g D r G o l d e n g r o v e Ln Covey Ln S e t t e r C t Q u a il W o o d s Rd Cr o o k e d P i n e R d East b o u r n e D r Setter Ln Pointer Ln Plantation Rd Wild Ma g n o l i a R d I-140 SHODIncorporated Areas Indicates Conditional Zoning District (CZD) See Section 5.7 of the UDOCOD B-1 AC R-5 EDZD CB I-1 R-7 PD B-2 I-2 R-10 RMF-X CS AR R-15 RMFU SC RA R-20 UMXZ O&I R-20S Zoning Districts R-15Plantation Road near Military Cutoff Extension S22-03 Existing Zoning/Use:Site Address:Case: 0 1,000500 Feet Military Cutoff Extension SITE Board of Commissioners - February 6, 2023 ITEM: 13- 3 - 1 FlushingDr G o l d e n g r o v e LnCovey Ln Q u a il W o o dsRd Cr o o k e d P i n e R d East b o u r n e D r Setter Ln Pointer Ln S p ringerRd Plantation Rd Wild Ma g n o l i a R d I-140 General Residential Conservation Community Mixed Use Community Mixed Use New Hanover County, NCCONSERVATION RURAL RESIDENTIAL COMMUNITY MIXED USE URBAN MIXED USE GENERAL RESIDENTIAL EMPLOYMENT CENTER COMMERCE ZONE Place Types R-15Plantation Road near Military Cutoff Extension S22-03 Existing Zoning/Use:Site Address:Case: 0 1,000500 Feet Military Cutoff Extension SITE Board of Commissioners - February 6, 2023 ITEM: 13- 4 - 1 Cr o o k e d P i n e R d Qu a il W o o d s R d G o l d e n g r o v e LnCovey Ln Setter Ln Pointer Ln Plantation Rd Neighboring Parcels (500 feet) R-15Plantation Road near Military Cutoff Extension S22-03 Existing Zoning/Use:Site Address:Case: 0 1,000500 Feet Military Cutoff Extension SITE Board of Commissioners - February 6, 2023 ITEM: 13- 5 - 1 Initial Application Documents & Materials Board of Commissioners - February 6, 2023 ITEM: 13- 6 - 1 Page 1 of 8 Special Use Permit Application Updated 02-2022 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 SPECIAL USE PERMIT APPLICATION This application form must be completed as part of a special use permit application submitted through the countys 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 10.3.5 of the Unified Development Ordinance. *If the proposed use is classified as intensive industry, the applicant shall conduct a community information meeting in accordance with Section 10.2.3, Community Information Meeting. 1. Applicant and Property Owner Information Applicant/Agent Name Owner Name (if different from Applicant/Agent) Company Company/Owner Name 2 Address Address City, State, Zip City, State, Zip Phone Phone Email Email Public Hearing Procedures (Optional) Pre-Application Conference 1* Community Information Meeting 2 Application Submittal & Acceptance 3 Planning Director Review & Staff Report (TRC Optional) 4 Public Hearing Scheduling & Notification 5 Planning Board Preliminary Forum 6 Board of Commissioners Hearing & Decision 7 Post-Decision Limitations and Actions NEW HANOVER COUNTY_____________________ Board of Commissioners - February 6, 2023 ITEM: 13- 7 - 1 Page 2 of 8 Special Use Permit Application Updated 02-2022 2. Subject Property Information Address/Location Parcel Identification Number(s) Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification 3. Proposed Zoning, Use(s), & Narrative 4. Proposed Condition(s) Please list the proposed use(s) of the subject property, and provide the purpose of the special use permit and a project narrative (attach additional pages if necessary). Please note: Within a special use permit proposal, additional conditions and requirements which represent greater restrictions on the development and use of the property than the corresponding zoning 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 included with this special use permit application below. Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process that meet or exceed the minimum requirements of the Unified Development Ordinance. Board of Commissioners - February 6, 2023 ITEM: 13- 7 - 2 Page 3 of 8 Special Use Permit 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: PM Peak Hour Trips: 6. Criteria Required for Approval of a Special Use Permit A use designated as a special use in a particular zoning district is a use that may be appropriate in the district, but because of its nature, extent, and external impacts, requires special consideration of its location, design, and methods of operation before it can be deemed appropriate in the district and compatible with its surroundings. The purpose is to establish a uniform mechanism for the review of special uses to ensure they are appropriate for the location and zoning district where they are proposed. For each of the four required conclusions listed below, include or attach a statement that explains how any existing conditions, proposed development features, or other relevant facts would allow the Board of County Commissioners to reach the required conclusion, and attach any additional documents or materials that provide supporting factual evidence. The considerations listed under each required conclusion are simply those suggested to help the applicant understand what may be considered in determining whether a required conclusion can be met. Any additional considerations potentially raised by the proposed use or development should be addressed. 1. The use will not materially endanger the public health or safety if located where proposed and approved. Considerations: Traffic conditions in the vicinity, including the effect of additional traffic on streets and street intersections, and sight lines at street intersections with curb cuts; Provision of services and utilities, including sewer, water, electrical, garbage collections, fire protection; Soil erosion and sedimentation; Protection of public, community, or private water supplies, including possible adverse effects on surface waters or groundwater; or Anticipated air discharges, including possible adverse effects on air quality. Board of Commissioners - February 6, 2023 ITEM: 13- 7 - 3 Page 4 of 8 Special Use Permit Application Updated 02-2022 3. The use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. Considerations: The relationship of the proposed use and the character of development to surrounding uses and development, including possible conflicts between them and how these conflicts will be resolved (i.e. buffers, hours of operation, etc.). Whether the proposed development is so necessary to the public health, safety, and general welfare of the community or County as a whole as to justify it regardless of its impact on the value of adjoining property. 2. The use meets all required conditions and specifications of the Unified Development Ordinance. Board of Commissioners - February 6, 2023 ITEM: 13- 7 - 4 Page 5 of 8 Special Use Permit Application Updated 02-2022 4. The location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the New Hanover County Comprehensive Land Use Plan. Considerations: The relationship of the proposed use and the character of development to surrounding uses and development, including possible conflicts between them and how these conflicts will be resolved (i.e. buffers, hours of operation, etc.). Consistency with the Comprehensive Plans goals, objectives for the various planning areas, its definitions of the various land use classifications and activity centers, and its locational standards. Board of Commissioners - February 6, 2023 ITEM: 13- 7 - 5 Page 6 of 8 Special Use Permit 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 Application fee: $500; $250 if application pertains to a residential use (i.e., mobile home, duplex, family child care home). 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 official TIA approval letter is required prior to this item being placed on the Board of Commissioners meeting agenda. Conceptual Site Plan including the following minimum elements: Tract boundaries and total area, location of adjoining parcels and roads Proposed use of land, structures and other improvements o For residential uses, this shall include number, height, and type of units; area to be occupied by each structure; and/or subdivided boundaries. o For non-residential uses, this shall include approximate square footage and height of each structure, an outline of the area it will occupy, and the specific purposes for which it 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 buffering. The location of Special Flood Hazard Areas. The approximate location of regulated wetlands. 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. 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 Federal or State law or local ordinance. Any other information that will facilitate review of the proposed special use permit (Ref. Section 10.3.5, as applicable) Applications for uses in the intensive industry category must also submit: Community meeting written summary A list of any local, state, or federal permits required for use 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 For wireless support structures or substantial modifications, the elements listed on the attached checklist Board of Commissioners - February 6, 2023 ITEM: 13- 7 - 6 Board of Commissioners - February 6, 2023 ITEM: 13- 7 - 7 Page 7 of 8 Special Use Permit 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 special use permit for which I am applying. I understand that the existing Official Zoning Map is presumed to be correct. I understand that I have the burden of proving that the proposal meets the four required conclusions. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. If applicable, I also appoint the applicant/agent as listed on this application to represent me and make decisions on my behalf regarding this application during the review process. The applicant/agent is hereby authorized on my behalf to: 1. Submit an application including all required supplemental information and materials; 2. Appear at public hearings to give representation and comments; 3. Act on my behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of this application; and 4. Provide written consent to any and all conditions of approval. Signature of Property Owner(s) Print Name(s) 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. The landowner or their attorney must be present for the application at the preliminary forum and public hearing. 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. Thomas H. Johnson, Jr. atty for Applicant Board of Commissioners - February 6, 2023 ITEM: 13- 7 - 8 Page 8 of 8 Special Use Permit Application Updated 02-2022 Telecommunications Requirements Checklist Requirements for Wireless Support Structures & Substantial Modifications Applicant Initial Affidavit certifying the construction and placement of wireless facilities meets the provisions of the Federal Communications Act, 47 U.S.C. § 332, as amended, section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012, 47 U.S.C. § 1455 (a), in accordance with the rules promulgated by the Federal Communications Commission (FCC), and all other applicable federal, state, and local laws. Simulated photographic evidence of the proposed appearance of the wireless support structure and wireless facilities from at least four (4) vantage points and a statement as to the potential visual and aesthetic impacts on all adjacent residential zoning district. Determination of No Hazard to Air Navigation, or other applicable determination by the Federal Aviation Administration (FAA) upon review of FAA Form 7460. For New Wireless Support Structures: Information or materials providing evidence that collocating new antennae and equipment on an existing wireless support structure or structures within the applicants search ring is not reasonably feasible. Per NCGS 160D-933, collocation on an existing wireless support structure is not reasonably feasible if the collocation is technically or commercially impractical or the owner of the existing wireless support structure is unwilling to enter into a contract for such use at fair market value. Board of Commissioners - February 6, 2023 ITEM: 13- 7 - 9 Board of Commissioners - February 6, 2023 ITEM: 13- 7 - 10 EXHIBIT A: APPLICANTS NARRATIVE (COMPLIANCE WITH UDO SECTION 4.3.3) APPLICATION FOR SPECIAL USE PERMIT PLANTATION ROAD (Parcel ID: R02800-004-012-001) SKYWAY TOWERS (Applicant) Page 1 of 7 (revised 12/05/22) APPLICANT NOTE: Special Use Permit Application and Narrative revised 12/05/22 proposed wireless communication facility/support structure design changed to stealth monopole (faux tree/monopine). Below are the applicants statements (bold text) describing how the proposed wireless communication facility (stealth monopole) complies with the use-specific standards contained in UDO Section 4.3.3(C) Communication and Information Facilities (shown in italics below). C. Communication and Information Facilities [09-08-2020] [03-21-2022] 1. General Requirements for All Communication and Information Facilities. The following standards shall apply to all communications and information facilities: a. Setbacks The following setback requirements shall apply to all communication and information facilities except for Amateur radio antenna below 90 feet in height, which are exempt from these requirements in accordance with NCGS 160D-905. 1. Residential Districts The minimum setback for wireless facilities located in general residential districts (RA, AR, R-20, R-20S, R-15, R-10, R-7, or R- 5), multi-family districts, and residentially designated portions of master planned developments shall be a distance equal to the height of the wireless facility, as measured from the base of the wireless facility to the tallest point, including lightning rods or similar appurtenances. As shown on the plans included as part of the application the proposed tower is 199 tall, inclusive of a 4 -tall lightning rod. The setbacks for the proposed tower depicted on Sheet Z-1 range from 212.0 to 270.0 , which exceed the minimum requirement. 2. All Other Districts The minimum setback for wireless facilities located in all other districts shall be equal to each facilitys engineered fall zone, as established by a letter sealed by a licensed professional engineer certifying that the wireless facility will not exceed the distance specified in the letter should the wireless facility fail. Where an engineered fall zone certification is not submitted, wireless facilities shall be set back a distance equal to the height of the wireless facility, as measured from the base of the wireless facility to the tallest point, including lightning rods or similar appurtenances. This requirement is not applicable since the proposed tower is located in the R-15 district. Board of Commissioners - February 6, 2023 ITEM: 13- 7 - 11 EXHIBIT A: APPLICANTS NARRATIVE (COMPLIANCE WITH UDO SECTION 4.3.3) APPLICATION FOR SPECIAL USE PERMIT PLANTATION ROAD (Parcel ID: R02800-004-012-001) SKYWAY TOWERS (Applicant) Page 2 of 7 (revised 12/05/22) b. Certification Required All applicants seeking approval shall also submit a written affidavit from a qualified person or persons, including evidence of their qualifications, certifying that the construction or placement of such structures meets the provisions of the Federal Communications Act, 47 U.S.C. § 332, as amended, section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012, 47 U.S.C. § 1455 (a), in accordance with the rules promulgated by the Federal Communications Commission (FCC), and all other applicable federal, state, and local laws. The statement must certify that radio frequency emissions from the antenna array(s) comply with the FCC standards. The statement shall also certify that both individually and cumulatively the proposed facilities located on or adjacent to the proposed facility will comply with current FCC standards. In accordance with NCGS 160D-932, the county cannot base its permitting decision on public safety implications of radio frequency emissions of wireless facilities. The applicant has submitted the required certification, attached to the special use permit application as Exhibit B. c. Expert Review Outside experts and disputes are subject to the following provisions: 1. Siting of telecommunications facilities may involve complex technical issues that require review and input by outside experts. Staff may require the applicant to pay the reasonable costs of a third-party technical study or a proposed facility. Selection of expert(s) to review the proposal shall be at the sole discretion of the decision- making body. 2. If the applicant for a telecommunications facility claims that one or more standards of this ordinance are inconsistent with federal law as applied to a particular property, or would prohibit the effective provision of wireless communications within the relevant market area, the decision-making body may require that the applications be reviewed by a qualified engineer for a determination of the accuracy of such claims. Any costs shall be charged to the applicant. The applicant acknowledges these provisions. d. Signage Signage shall comply with the following standards: 1. Attaching commercial messages for off-site or on-site advertising shall be prohibited. 2. The only signage that is permitted upon an antenna, wireless support structure, equipment cabinet, or fence shall be information and for the purpose of identifying: i. The antenna support structure (such as ASR registration number); Board of Commissioners - February 6, 2023 ITEM: 13- 7 - 12 EXHIBIT A: APPLICANTS NARRATIVE (COMPLIANCE WITH UDO SECTION 4.3.3) APPLICATION FOR SPECIAL USE PERMIT PLANTATION ROAD (Parcel ID: R02800-004-012-001) SKYWAY TOWERS (Applicant) Page 3 of 7 (revised 12/05/22) ii. The party responsible for the operation and maintenance of the facility; iii. Its current address and telephone number; iv. Security or safety signs; v. Property manager signs for the tower (if applicable); and vi. Signage appropriate to warn the general public as to the use of the facility for radiofrequency transmissions. The applicant acknowledges these standards; details pertaining to signage required to be posted on the tower site in compliance with these standards is depicted on Sheet S-1 of the plans. 2. Amateur Radio Antenna Except for in the I-1 and I-2 districts, Amateur Radio Antenna 90 feet in height or taller, in addition to the standards set forth in Subsection 4.3.3.C.1 above, shall require a Special Use Permit and are subject to the standards of 4.3.3.C.6 below. This requirement is not applicable since the proposed tower will not be used as an amateur radio antenna. 3. Antenna & Towers Ancillary to the Principal Use Except for in the I-1 and I-2 districts, Antenna & Towers 70 feet in height or taller, in addition to the standards set forth in Subsection 4.3.3.C.1 above, shall require a Special Use Permit and are subject to the standards of 4.3.3.C.6 below. Since the subject property is currently vacant, the proposed tower is not ancillary to a principal use; according to UDO Table 4.2-1, a special use permit is required for the proposed tower since it is located in the R-15 zoning district and complies, as described in this narrative, with the applicable standards of UDO Sections 4.3.3.C.1 and 4.3.3.C.6. 4. Collocations (sub-sections a c). As shown on the plans included with the special use permit application, the request is for approval to construct a monopole tower with a single carrier installation at this time. The applicant acknowledges the standards and requirements of this sub-Section 4.3.3(C)(4)(a) (c) and these may apply to future requests for colocation of equipment on this tower. Board of Commissioners - February 6, 2023 ITEM: 13- 7 - 13 EXHIBIT A: APPLICANTS NARRATIVE (COMPLIANCE WITH UDO SECTION 4.3.3) APPLICATION FOR SPECIAL USE PERMIT PLANTATION ROAD (Parcel ID: R02800-004-012-001) SKYWAY TOWERS (Applicant) Page 4 of 7 (revised 12/05/22) 5. Non-Substantial Modification a. The applicant is encouraged to provide simulated photographic evidence of the proposed appearance of non-substantial modification and a statement as to the potential visual and aesthetic impacts on all adjacent residential zoning districts. The simulation should include overall height; configuration; physical location; mass and scale; material and color (including proposals for steel structures); and illumination. The applicant acknowledges this criteria may apply to future requests associated with this tower that are considered a non-substantial modification. b. Concealed (stealth) or camouflaged facilities are encouraged when the method of concealment is appropriate to the proposed location. Stealth facilities may include but are not limited to: painted antenna and feed lines to match the color of a building or structure, faux windows, dormers, or other architectural features that blend with an existing or proposed building or structure. Freestanding stealth facilities typically have a secondary, obvious function such as a church steeple, windmill, silo, light standard, flagpole, bell/clock tower, water tower, or tree. Consistent with the requirements of UDO Section 4.3.3.C.6.c.5, the proposed tower is a stealth monopole design that utilizes faux tree stealthing (monopine) to match the appearance of existing trees within the vicinity of the proposed tower location. 6. Other Wireless Communication Facilities including New Wireless Support Structures & Substantial Modifications a. Standards for All New Wireless Support Structures and Substantial Modifications The following standards shall apply to all wireless support structures and substantial modifications: 1. A landscaped buffer with a base width not less than 25 feet and providing 100 percent opacity shall be required within the wireless support structure site to screen the exterior of protective fencing or walls. The base station and equipment compound of the wireless support structure and each guy wire anchor must be surrounded by a fence or wall not less than eight feet in height. Sheet L-1 of the plans included with the special use permit application depict a landscape buffer of width and opacity planting standards that comply with this requirement. 2. All wireless support structures shall be constructed to accommodate collocation. Structures over 150 feet in height shall be engineered to accommodate at a minimum two additional providers. Structures 150 feet or less in height shall be engineered to accommodate at a minimum one additional provider. The proposed tower is greater than 150 in height; Sheet C-2 of the plans included with the special use permit application depict space on the tower for three (3) additional providers. Board of Commissioners - February 6, 2023 ITEM: 13- 7 - 14 EXHIBIT A: APPLICANTS NARRATIVE (COMPLIANCE WITH UDO SECTION 4.3.3) APPLICATION FOR SPECIAL USE PERMIT PLANTATION ROAD (Parcel ID: R02800-004-012-001) SKYWAY TOWERS (Applicant) Page 5 of 7 (revised 12/05/22) 3. Equipment compounds shall comply with the following standards: i. Shall not be used for the storage of any equipment or hazardous waste (e.g., discarded batteries) or materials not needed for the operation. No outdoor storage yards shall be allowed in a tower equipment compound. ii. Shall not be used as a habitable space. The applicant acknowledges these standards; the tower equipment compound will be maintained in accordance with all applicable requirements and regulations. 4. The applicant shall submit Form 7460 to the Federal Aviation Administration (FAA) to assure compliance with all FAA standards and to resolve issues of concern, including required lighting, possible transmission interference or other conflicts when the proposed wireless support structure site is located within 10,000 feet of an airport or within any runway approach zone. The applicant has submitted the required certification, attached to the special use permit application as Exhibit C. b. Additional Standards for New Wireless Support Structures and Substantial Modifications Allowed By-Right The following standards shall apply to wireless support structures and substantial modifications allowed by-right: 1. Except in the I-1 and I-2 districts, wireless support structures shall be monopole or unipole construction; guyed or lattice-type towers are prohibited. 2. Except in the I-1 and I-2 districts, all wireless equipment, including any feed lines, antennas, and accessory equipment, must be enclosed in the tower cannister, camouflaged, screened, obscured, mounted flush, or otherwise not readily apparent to a casual observer. The proposed tower complies with the above standards/requirements; it is located within the R-15 district and is a stealth monopole design. c. Additional Standards for New Wireless Support Structures and Substantial Modifications Requiring Special Use Permits Where Special Use Permits are required, all of the following standards shall be applied, and all requirements must be met. Additional conditions may be determined to mitigate negative impacts, and the permit should be approved only if all negative impacts can be mitigated. Board of Commissioners - February 6, 2023 ITEM: 13- 7 - 15 EXHIBIT A: APPLICANTS NARRATIVE (COMPLIANCE WITH UDO SECTION 4.3.3) APPLICATION FOR SPECIAL USE PERMIT PLANTATION ROAD (Parcel ID: R02800-004-012-001) SKYWAY TOWERS (Applicant) Page 6 of 7 (revised 12/05/22) 1. The applicant shall provide evidence that collocating new antennae and equipment on an existing wireless support structure or structures within the applicants search ring is not reasonably feasible. For the purposes of this section, collocation on an existing wireless support structure is not reasonably feasible if the collocation is technically or commercially impractical or the owner of the existing wireless support structure is unwilling to enter into a contract for such use at fair market value. The applicant has submitted evidence (signed affidavit) attached to the special use permit application as Exhibit D as evidence regarding the applicants search ring for the subject site. 2. The applicant shall conduct a balloon test prior to the submittal of simulated photographic evidence of the proposed appearance of the wireless support structure and wireless facilities. The applicant shall arrange to raise a colored balloon no less than three (3) feet in diameter at the maximum height of the proposed wireless support structure. The balloon test shall provide the basis for simulated photographic evidence from four vantage points and a statement as to the potential visual and aesthetic impacts on all adjacent residential zoning districts. The simulation shall include overall height; configuration; physical location; mass and scale; materials and color (including proposals for stealth structures); and illumination. The applicant conducted the required balloon test to complete photo simulations and submitted this information as part of the special use permit application. 3. Wireless support structures shall be monopole or unipole construction; guyed or lattice-type towers are prohibited. As shown on the plans included with the special use permit application, the proposed tower is a stealth monopole design. 4. All wireless equipment, including any feed lines, antennas, and accessory equipment, must be enclosed in the tower cannister, camouflaged, screened, obscured, mounted flush, or otherwise not readily apparent to a casual observer. The proposed tower and associated ground compound will comply with this requirement. Board of Commissioners - February 6, 2023 ITEM: 13- 7 - 16 EXHIBIT A: APPLICANTS NARRATIVE (COMPLIANCE WITH UDO SECTION 4.3.3) APPLICATION FOR SPECIAL USE PERMIT PLANTATION ROAD (Parcel ID: R02800-004-012-001) SKYWAY TOWERS (Applicant) Page 7 of 7 (revised 12/05/22) 5. Wireless support structures located within general residential districts (RA, AR, R-20, R-20S, R-15, R-10, R-7, or R-5) shall be required to utilize faux tree stealthing except where a structure is proposed in an area containing such dense existing tree clusters that the structure is not visible from existing single-family or duplex residential uses and/or platted lots located within a general residential district. Faux structures shall be designed to match a species of tree located within the existing cluster of trees in which a structure is proposed. i. A wireless support structure may be exempted from this requirement only by the Board of Commissioners as a condition of approval on the special use permit. The proposed wireless support structure/tower complies with the above requirement; since it is located within the R-15 district, the proposed tower is a stealth monopole (faux tree/monopine) designed to match the appearance of existing trees within the vicinity of the proposed tower location. d. Standards for Nonconforming Wireless Support Structures (sub-sections 1 2). The requested special use permit is for a new tower on the property that complies with the applicable standards and requirements of the UDO in effect at the time of application submittal. Board of Commissioners - February 6, 2023 ITEM: 13- 7 - 17 Board of Commissioners - February 6, 2023 ITEM: 13- 7 - 18 Board of Commissioners - February 6, 2023 ITEM: 13- 7 - 19 Board of Commissioners - February 6, 2023 ITEM: 13- 7 - 20 Board of Commissioners - February 6, 2023 ITEM: 13- 7 - 21 Board of Commissioners - February 6, 2023 ITEM: 13- 7 - 22 Board of Commissioners - February 6, 2023 ITEM: 13- 7 - 23 Board of Commissioners - February 6, 2023 ITEM: 13- 7 - 24 Board of Commissioners - February 6, 2023 ITEM: 13- 7 - 25 Board of Commissioners - February 6, 2023 ITEM: 13- 7 - 26 Board of Commissioners - February 6, 2023 ITEM: 13- 7 - 27 Board of Commissioners - February 6, 2023 ITEM: 13- 7 - 28 Board of Commissioners - February 6, 2023 ITEM: 13- 7 - 29 BALLOON PHOTO PRESENTATION Skyway Towers LLC Wireless Communications Facility Balloon Tether Documentation On October 6, 2022, Tower Engineering Professionals, Inc. (TEP), on behalf of Skyway Towers, LLC, completed a Balloon Test for a proposed 195-ft AGL (199-ft overall with appurtenances) monopole communications tower to be located south of a portion of Plantation Road, in Wilmington, NC at latitude: N 34° 18’ 11.6634”, longitude: W 77° 49’ 27.0943” (NAD 83). The site elevation is approximately 42.0 ft AMSL. On Thursday, October 6, 2022, TEP deployed an orange, approximately 5-ft diameter, CloudbusterTM balloon at 195-ft above ground level (to top of balloon) from approximately 1:00 p.m. to 2:30 p.m. EDT. The weather at the time of the balloon flight was clear skies, with good visibility, and approximately 79 degrees Fahrenheit with calm winds & intermittent 3 to 6 mph gusts. Photographs were taken by Tucker Pridgen of TEP with a Nikon D3200 digital camera. Photographs were taken from numerous public-accessible locations within a 2/3-mile radius of the proposed tower site in an attempt to depict the visibility of the proposed tower from nearby areas. The tower as simulated is at One Hundred and Ninety-Five Feet (195 feet in height/altitude) plus a 4 foot lightning rod at the top. The overall height above ground at the centerline of the proposed tower facility is One Hundred and Ninety-Nine Feet (199 feet in height/altitude). The satellite imagery is from May, 2022. Where the tower is not visible, a colored outline of the tower is shown to indicate the size and position of the proposed tower. Michael P. SaMPair’S Technical GraPhicS ServiceS PROVIDING PROFESSIONAL SPECIALTY SERVICES TO THE TELECOMMUNICATIONS INDUSTRY Indicates Tower Not Visible Shows Tower at full specification Page 1 of 15 • revision 20221107-1257Board of Commissioners - February 6, 2023 ITEM: 13- 8 - 1 NC-08899, MURRAYVILLE PLANtAtIoN RoAd WILMINgtoN, NC toWER SIMULAtIoNS Page 2 of 15 • revision 20221107-1257Board of Commissioners - February 6, 2023 ITEM: 13- 8 - 2 ½ MILE TOWER 1NV 2NV 3NV4 5 6 7 NV NV - Not Visible 1 - Not Visible. Looking south by southwest towards site from HWY 140 (John Jay Burney Jr Fwy). (2,872 ft, 0.54 mi) 2 - Not Visible. Looking west by southwest towards site from Plantation Rd just west of Old Plantation Rd. (1,448 ft, 0.27 mi) 3 - Not Visible. Looking west by northwest from Yvonne Rd in front of Greeks Farm gate.. (3,906 ft, 0.74 mi) 4 - Looking north by northeast towards site just east of Murrayville Rd. (2,190 ft, 0.42 mi) 5 - Looking east towards site from Flushing Dr at Cameron Trace Dr. (4,072 ft, 0.77 mi) 6 - Looking southeast towards site from HWY 140 (John Jay Burney Jr Fwy) looking across Wild Magnolia Rd. (4,519 ft, 0.86 mi) 7 - Looking south by southeast towards site from Plantation Rd just east of Crooked Pine Rd. (367 ft, 0.07 mi) NV = Not Visible NC-08899, MURRAYVILLE PLANtAtIoN RoAd WILMINgtoN, NC toWER SIMULAtIoNS Page 3 of 15 • revision 20221107-1257Board of Commissioners - February 6, 2023 ITEM: 13- 8 - 3 ½ MILE TOWER 1NV 2NV 3NV4 5 6 7 NV NV - Not Visible NC-08899, MURRAYVILLE PLANtAtIoN RoAd WILMINgtoN, NC toWER SIMULAtIoNS Page 4 of 15 • revision 20221107-1257Board of Commissioners - February 6, 2023 ITEM: 13- 8 - 4 TOWER 1NV NV-Not Visible N NC-08899, MURRAYVILLE PLANtAtIoN RoAd WILMINgtoN, NC toWER SIMULAtIoNS VIEW FRoM LoCAtIoN 1 Page 5 of 15 • revision 20221107-1257Board of Commissioners - February 6, 2023 ITEM: 13- 8 - 5 TOWER 2NV NV-Not Visible N NC-08899, MURRAYVILLE PLANtAtIoN RoAd WILMINgtoN, NC toWER SIMULAtIoNS VIEW FRoM LoCAtIoN 2 Page 6 of 15 • revision 20221107-1257Board of Commissioners - February 6, 2023 ITEM: 13- 8 - 6 TOWER 3NV NV-Not Visible N NC-08899, MURRAYVILLE PLANtAtIoN RoAd WILMINgtoN, NC toWER SIMULAtIoNS VIEW FRoM LoCAtIoN 3 Page 7 of 15 • revision 20221107-1257Board of Commissioners - February 6, 2023 ITEM: 13- 8 - 7 TOWER 4 N NC-08899, MURRAYVILLE PLANtAtIoN RoAd WILMINgtoN, NC toWER SIMULAtIoNS VIEW FRoM LoCAtIoN 4 Page 8 of 15 • revision 20221107-1257Board of Commissioners - February 6, 2023 ITEM: 13- 8 - 8 TOWER 4 N NC-08899, MURRAYVILLE PLANtAtIoN RoAd WILMINgtoN, NC toWER SIMULAtIoNS SIMULAtEd VIEW FRoM LoCAtIoN 4 Page 9 of 15 • revision 20221107-1257Board of Commissioners - February 6, 2023 ITEM: 13- 8 - 9 TOWER5 N NC-08899, MURRAYVILLE PLANtAtIoN RoAd WILMINgtoN, NC toWER SIMULAtIoNS VIEW FRoM LoCAtIoN 5 Page 10 of 15 • revision 20221107-1257Board of Commissioners - February 6, 2023 ITEM: 13- 8 - 10 TOWER5 N NC-08899, MURRAYVILLE PLANtAtIoN RoAd WILMINgtoN, NC toWER SIMULAtIoNS SIMULAtEd VIEW FRoM LoCAtIoN 5 Page 11 of 15 • revision 20221107-1257Board of Commissioners - February 6, 2023 ITEM: 13- 8 - 11 TOWER 6 N NC-08899, MURRAYVILLE PLANtAtIoN RoAd WILMINgtoN, NC toWER SIMULAtIoNS VIEW FRoM LoCAtIoN 6 Page 12 of 15 • revision 20221107-1257Board of Commissioners - February 6, 2023 ITEM: 13- 8 - 12 TOWER 6 N NC-08899, MURRAYVILLE PLANtAtIoN RoAd WILMINgtoN, NC toWER SIMULAtIoNS SIMULAtEd VIEW FRoM LoCAtIoN 6 Page 13 of 15 • revision 20221107-1257Board of Commissioners - February 6, 2023 ITEM: 13- 8 - 13 TOWER 7 N NC-08899, MURRAYVILLE PLANtAtIoN RoAd WILMINgtoN, NC toWER SIMULAtIoNS VIEW FRoM LoCAtIoN 7 Page 14 of 15 • revision 20221107-1257Board of Commissioners - February 6, 2023 ITEM: 13- 8 - 14 TOWER 7 N NC-08899, MURRAYVILLE PLANtAtIoN RoAd WILMINgtoN, NC toWER SIMULAtIoNS SIMULAtEd VIEW FRoM LoCAtIoN 7 Page 15 of 15 • revision 20221107-1257Board of Commissioners - February 6, 2023 ITEM: 13- 8 - 15 (NH-003) IMPACT STUDY Impact Study - Cell Tower Plantation Road Murrayville, New Hanover County, North Carolina 28409 Type Report: Impact Study Effective Date October 9, 2022 Board of Commissioners - February 6, 2023 ITEM: 13- 9 - 1 (NH-003) Real Prope rty Appraise rs an d Consul tants 1100 Sund ance D rive, Concord, North Carolina 28027 Telephone: 704-605-0595 October 18, 2022 Mr. Thomas H. Johnson Attorney Williams Mullen 301 Fayetteville Street Suite 1700 Raleigh, NC 27601 RE: Impact Study for Proposed Telecommunications Facility located on Plantation Road, Murrayville, New Hanover County, North Carolina. Dear Mr. Johnson: I have completed a study of the proposed tower. The scope of the assignment is to provide an analysis and conclusions addressing items within my field of expertise associated with the issuance of a special use permit for the proposed development. A special use permit includes four findings of fact, of which two are addressed in this analysis. Details of these items are contained within this report. The location of the proposed tower is on a property owned by Kenneth and Eloise Parker, Sr. according to the New Hanover County GIS. The site consists of 4.28 acres and is currently vacant. The site is zone R15, Residential consistent with surrounding properties. The surrounding land uses are low-density residential and agricultural. The most pertinent factor to the conclusions of the study is the US 17 Hampstead Bypass infrastructure project that is currently under construction. We provide details of this project in the attached study. The impact study is intended to conform to the Uniform Standards of Professional Appraisal Practice (USPAP), the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute. The impact study is not an appraisal for several reasons including but not necessarily limited to the scope of work of the study that does not include a quantification of the impact if any in accordance with the New Hanover County criteria for the special use permit. The impact study does employ appraisal methodologies in determining the impact id any on adjacent or abutting properties. The conclusions of this study are supported by the data and reasoning set forth in the attached narrative. Your attention is invited to the Assumptions and Limiting Conditions section of this report. The analysts certify that we have no present or contemplated future interest in the proposed development, and that our fee for this assignment is in no way contingent upon the conclusions of this study. Board of Commissioners - February 6, 2023 ITEM: 13- 9 - 2 Tom Johnson October 18, 2022 Page 2 (NH-003) EXTRAORDINARY ASSUMPTIONS AND HYPOTHETICAL CONDITIONS: It is an extraordinary assumption of this report that the improvements as described within this report are compliant with the appropriate ordinance including but not necessarily limited to setbacks, landscaping, access, and other items outside our field of expertise for this assignment. These items will be addressed as part of the application by others with expertise within the respective fields. It is an extraordinary assumption of this report that the proposed development will be constructed as detailed in the report. Further, it is an assumption of the study that the proposed access will be in accordance with all local and state regulations. Maintenance will occur through a non-exclusive easement that we assume is a legal access. Given access will be required for the development, we consider the assumption reasonable for the purpose and intended use of this report. The content and conclusions of this report are intended for our client and for the specified intended uses only. They are also subject to the assumptions and limiting conditions as well as the specific extraordinary assumption set forth in this report. It is our opinion that the proposed development will not substantially injure the values of adjacent or abutting properties and that the proposed development is in harmony with the area in which it is to be located. Thank you for the opportunity to be of service. If you have any questions or comments, please contact our office. Sincerely yours, MICHAEL P. BERKOWITZ MPB REAL ESTATE, LLC Board of Commissioners - February 6, 2023 ITEM: 13- 9 - 3 IMPACT STUDY PLANTATION ROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 5 of 41 (NH-003) MPB REAL ESTATE, LLC TABLE OF CONTENTS SCOPE OF THE ASSIGNMENT ....................................................................................................................... 6 PREMISES OF THE STUDY ............................................................................................................................. 7 Identification of Subject..................................................................................................................................... 7 Client, Purpose, and Intended Use and Intended Users ..................................................................................... 7 Analyst ............................................................................................................................................................... 7 Property Inspection ............................................................................................................................................ 7 Extraordinary Assumptions of Report ............................................................................................................... 7 Effective Date of Study...................................................................................................................................... 8 Date of Report.................................................................................................................................................... 8 Type Report ....................................................................................................................................................... 8 Study Development and Reporting Process ....................................................................................................... 8 PROPOSED FACILITY ...................................................................................................................................... 9 Tower ................................................................................................................................................................. 9 Site Improvements ............................................................................................................................................. 9 Access .............................................................................................................................................................. 10 Location ........................................................................................................................................................... 12 SURROUNDING LAND USES ......................................................................................................................... 12 NEW HANOVER UDO ..................................................................................................................................... 13 MARKET RESEARCH ..................................................................................................................................... 16 Qualitative Analysis ......................................................................................................................................... 28 ADDENDA .......................................................................................................................................................... 31 Certification ..................................................................................................................................................... 32 Qualifications of the Analyst ........................................................................................................................... 40 Board of Commissioners - February 6, 2023 ITEM: 13- 9 - 4 IMPACT STUDY PLANTATION ROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 6 of 41 (NH-003) MPB REAL ESTATE, LLC SCOPE OF THE ASSIGNMENT In accordance with our agreement with the client, this impact study is specific to the needs of our client as part of an application for a special use permit to be considered by New Hanover County Officials. Our study and the reporting of our study is in agreement with our client as follows: The proposed development requires a Special Use Permit. The report is intended to address items relevant to the issuance of a special use permit. The following ‘Findings of Fact” was extracted from the New Hanover County Unified Development Ordinance (UDO). The scope of the assignment includes research of existing towers in New Hanover County. The neighborhoods and their surrounding developments are researched to determine whether the proposed development, referred to as the “The Murrayville Site”, is consistent with the location of other towers in the area and their impact, if any, on neighborhood development patterns and property values. The impact study provides an analysis of the surrounding properties. The analysis includes existing improvements, zoning designations and likely development patterns. The existing uses as of the effective date of this report in concert with the market data provided are contributing factors to the conclusions of this study. Board of Commissioners - February 6, 2023 ITEM: 13- 9 - 5 IMPACT STUDY PLANTATION ROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 7 of 41 (NH-003) MPB REAL ESTATE, LLC PREMISES OF THE STUDY Identification of Subject The Murrayville Site Plantation Road Murrayville, New Hanover County, NC 28409 New Hanover County Tax Parcel: R02800-004-012-001 Client, Purpose, and Intended Use and Intended Users Mr. Thomas H. Johnson Attorney Williams Mullen 301 Fayetteville Street Suite 1700 Raleigh, NC 27601 The client and intended user are Mr. Tom Johnson. The intended use is as an aid to assist New Hanover County officials in rendering a decision regarding the issuance of a special use permit for the proposed development. The study is not intended for any other use or users. Analyst Michael P. Berkowitz MPB Real Estate, LLC 1100 Sundance Drive Concord, NC 28027 Property Inspection Michael Berkowitz inspected the property and neighborhood surrounding the proposed development. Details of surrounding land uses, and observations are provided throughout the report. I also performed off site visual inspections of several towers located in New Hanover County . I consider the observations in the context of the market data. They are a contributing factor to the conclusions. Photographs of the property were taken during Mr. Berkowitz’s inspection. Extraordinary Assumptions of Report It is an extraordinary assumption of this report that the improvements as described within this report are compliant with the appropriate ordinance including but not necessarily limited to setbacks, landscaping, access, and other items outside our field of expertise for this assignment. These items Board of Commissioners - February 6, 2023 ITEM: 13- 9 - 6 IMPACT STUDY PLANTATION ROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 8 of 41 (NH-003) MPB REAL ESTATE, LLC will be addressed as part of the application by others with expertise within the respective fields. It is an extraordinary assumption of this report that the proposed development will be constructed as detailed in the report. Further, it is an assumption of the study that the proposed access will be in accordance with all local and state regulations. Maintenance will occur through a non-exclusive easement that we assume is a legal access. Given access will be required for the development, we consider the assumption reasonable for the purpose and intended use of this report. These items will be addressed as part of the application by others with expertise within the respective fields. Should the extraordinary assumptions not exist, we reserve the right to amend this study. Effective Date of Study October 9, 2022 Date of Report October 18, 2022 Type Report Impact Study Report Study Development and Reporting Process In preparing this study, the analyst: Analyzes physical affects, if any, of the proposed construction on properties in the immediate area as well as the neighborhood; Reviews plans for the proposed development to determine whether it is in compliance with the New Hanover County UDO with respect to items within my field of expertise; Reviews site plan provided by our client with respect to the physical characteristics of the proposed development; Researches market data around existing cell towers in New Hanover County to determine whether the proposed development is consistent with other developments in the area. Board of Commissioners - February 6, 2023 ITEM: 13- 9 - 7 IMPACT STUDY PLANTATION ROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 9 of 41 (NH-003) MPB REAL ESTATE, LLC PROPOSED FACILITY Tower Based on information provided to the analyst, the proposed tower will consist of a 195-foot “monopole” communications tower. The survey appears to show that access to the tower will be provided by a proposed driveway for the property. The following site plan shows the proposed site. SITE PLAN Site Improvements The site improvements include a seven-foot chain link fence with three strands of barbed wire. The site improvements will include a 25-foot-wide landscaping buffer. Based on our review of the New Hanover UDO, the site improvements meet the requirements for the development. Board of Commissioners - February 6, 2023 ITEM: 13- 9 - 8 IMPACT STUDY PLANTATION ROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 10 of 41 (NH-003) MPB REAL ESTATE, LLC LANDSCAPING PLAN Access According to the site plan, the access to the site will be via a 25-foot-wide utility/access easement extending from Board of Commissioners - February 6, 2023 ITEM: 13- 9 - 9 IMPACT STUDY PLANTATION ROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 11 of 41 (NH-003) MPB REAL ESTATE, LLC Plantation Road, which runs along the northern boundary of the subject. The access road will be twelve feet wide and run along the eastern boundary and turn into the center of the site which will be the location of the tower. The following exhibit was extracted from the site plan. Plantation Road is a gravel Road that will likely be improved with the construction of the bypass, which is under construction as of the effective date of this study. Board of Commissioners - February 6, 2023 ITEM: 13- 9 - 10 IMPACT STUDY PLANTATION ROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 12 of 41 (NH-003) MPB REAL ESTATE, LLC Location The tower will be located close to the center of the site. According to the plans, a significant portion of the site is identified as wetlands. We assume the proposed development will adhere to any restrictions associat4ed with this designation. Along the western boundary of the subject is a proposed off ramp from the bypass, which is under construction. The proximity of the new highway is a factor in the conclusions of this study. The subject has a zoning designation of R-15, Residential District. In the New Hanover UDO, we found that this designation is intended to insure for orderly residential development in areas without access to municipal water and sanitary sewer service. The majority of the properties in the immediate area including all of the adjacent or abutting properties have the same designation. SURROUNDING LAND USES The proposed development is on a 4.28-acre tract of vacant land that is encumbered with wetlands. The location adjacent to the off ramp for the bypass will influence future development patterns along the corridor. Based on information from the Hanover County GIS, all the adjacent or abutting properties are vacant land. The absence of access to a paved road in conjunction with the presence of wetlands are likely the two most significant factors influencing the absence of development in the immediate area. As we will discuss in the following section, the scope of the assignment is to determine whether the proposed development is in accordance with the New Hanover County UDO regarding the issuance of a special use permit and the development of wireless telecommunications facilities. The items within our field of expertise are detailed in the following section. Board of Commissioners - February 6, 2023 ITEM: 13- 9 - 11 IMPACT STUDY PLANTATION ROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 13 of 41 (NH-003) MPB REAL ESTATE, LLC NEW HANOVER UDO As part of the assignment, I reviewed Article VI Section 63.5 of the New Hanover UDO regarding the development of Telecommunication Facilities. I also reviewed Article VII of the UDO regarding the findings of fact associated with the approval or denial of a special use permit. The following was extracted from the ordinance Section 70-7. Item 1 – This item is outside my field of expertise. Item 2 – It is our understanding, this will be performed and reviewed by local officials in concert with our client. Item 3 – The development, if completed as proposed, will not substantially injure the value of abutting land. This is the focal point of the remainder of the study. Item 4 – The development, if completed as proposed, from an appraiser’s perspective is in harmony with the area in which it is to be located. This item is addressed in concert with the analysis from Item 3. Based on our review of the ordinance, the remainder of the study focuses on adjoining or abutting properties and potentially injurious effect of the special use on value. The land uses for the area include vacant land. The following analysis is based on the potential visual impact of the proposed development on the respective abutting properties. Board of Commissioners - February 6, 2023 ITEM: 13- 9 - 12 IMPACT STUDY PLANTATION ROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 14 of 41 (NH-003) MPB REAL ESTATE, LLC The following aerial provides and overview of the immediate area. As shown on the aerial, the adjacent or abutting properties are vacant land. Some of the properties are heavily wooded, while the subject and the property immediately to the east are mostly cleared. To the southwest of the subject are a residential development with some dwellings constructed over the past few years. The development of the Hampstead Bypass is in two phases and poses the most significant influence on development patterns in the immediate area. The project was awarded for construction in January 2022. The interchange of the bypass and I-140 to the north of the subject is the largest interchange of the proposed corridor. The off ramp to I-140 from the bypass will run along the western boundary of the subject. A knowledgeable buyer of any property would be aware of the infrastructure project and consider the increase in transportation linkage in the purchase price of any property. The following map was extracted from the NCDOT website. Board of Commissioners - February 6, 2023 ITEM: 13- 9 - 13 IMPACT STUDY PLANTATION ROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 15 of 41 (NH-003) MPB REAL ESTATE, LLC We will discuss property values later in the report. We acknowledge that the proposed 195-foot tower will be visible from the surrounding properties. The landscaping buffer will to the extent possible screen the base of the tower from all o f the surrounding properties. Summary The items within our field of expertise focus on the aesthetic impact of the proposed development. This is based on the surrounding development patterns as detailed earlier in the study. The limited utility of the subject and the highway under construction are factors in the analysis. Board of Commissioners - February 6, 2023 ITEM: 13- 9 - 14 IMPACT STUDY PLANTATION ROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 16 of 41 (NH-003) MPB REAL ESTATE, LLC MARKET RESEARCH A potential issue associated with the impact of the proposed development is on property values in the immediate vicinity and the neighborhood. We researched towers in Wilmington and the surrounding area and identify the development patterns around these towers. After analyzing the market data, we compare this information to the proposed site and the physical characteristics and development patterns surrounding the proposed development. New Hanover County Towers During our research, we observed several towers in New Hanover County. Most of the towers found were in established commercial or industrial areas. Towers are classified as comparable for a variety of reasons including but not necessarily limited to: Location – The proposed location is in a rural area of the county with the most of the land being vacant. Surrounding Developments – The surrounding developments include vacant land with some low density residential in the immediate area. Construction Type/Height – The proposed tower is a monopole tower with a proposed height of 195 feet. For the research of towers, we rely on information from antennasearch.com, which we consider a reliable source of information. Our search revealed 49 towers within a three- mile radius of Plantation Road. We excluded towers listed that were part of electrical transmission lines, which is inconsistent with the proposed tower. Some of the towers were not visible during our tour of the area. We also excluded the towers over 250 feet which require lighting. We have also included towers researched for a previous study in Wilmington. The following chart provides a summary of the towers studied in the area. Board of Commissioners - February 6, 2023 ITEM: 13- 9 - 15 IMPACT STUDY PLANTATION ROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 17 of 41 (NH-003) MPB REAL ESTATE, LLC After researching the towers in the area, several of the towers are located on commercial or industrial properties. This limited the number of towers for comparison. The towers located in rural areas of the county did not provide adequate quality or quantity of data to develop a credible quantitative analysis. We did find one tower in a residential area that provided data that can isolate the impact of an adjacent tower. The most relevant local data is from a subdivision located off Carolina Beach Road called Cypress Village. This subdivision is in the construction phase. The following provides an aerial and a PLAT of this development. The tower, which was constructed in 1999 is located on the adjacent property. Tower Type Location Year Built Address Height (Feet) Monopole Commercial 1995 4502 Park Avenue 95 Registered Institutional 2016 3310 South College Road 150 Monopole Commercial 2002 5515 Carolina Beach Road 160 Lattice Commercial/Industrial 2004 434 Raleigh Street 180 Monopole Industrial 2003 5501 Greenville Loop Road 156 Registered Institutional 2015 5591 Marvin K Mosss Lane 195 Registered Institutional NA Halyburton Memorial Parkway 140 Monopole Industrial NA River Road 199 Monopole Commercial/Residential NA Off Willowick Park Drive 170 Monopole Commercial/Industrial NA Pickard Road & Shipyard Blvd. 115 Monopole Residential/Vacant Land NA Behind Deer Hill Drive 147 Monopole Electrical NA Pine Grove Dr. & Beasley Rd. 108 Monopole Residential/Vacant Land NA Antietam Dr. & Appomattox Dr. 199 Lattice Commercial/Industrial NA Raleigh St. & Carolina Beach Dr. 200 Monopole Residential 1999 Behind Cypress Village Place 195 Slick Stick Mini-Storage NA 202 North Dow Road 150 Monopole Residential/Vacant Land 2012 225 Mabee Way 89 Monopole Residential 2016 Off Murrayville Road 170 Monopole Industrial 2006 7654 Market Street 150 Monopole Industrial 1995 8524 Market Street 180 Monopole Institutional/Residential 2013 6115 Gordon Road 163 Monopole Industrial 2019 2020 Corporate Drive 192 Monopole Industrial 1997 6819 Gordon Road 177 New Hanover County Tower Summary Board of Commissioners - February 6, 2023 ITEM: 13- 9 - 16 IMPACT STUDY PLANTATION ROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 18 of 41 (NH-003) MPB REAL ESTATE, LLC The following chart provides a summary of the sales in the subdivision. The two sales highlighted in yellow are the two lots adjacent to the tower. Board of Commissioners - February 6, 2023 ITEM: 13- 9 - 17 IMPACT STUDY PLANTATION ROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 19 of 41 (NH-003) MPB REAL ESTATE, LLC The sales have been arranged by date to reflect the higher construction costs due to supply chain issues stemming from the pandemic. The first three sales in the subdivision included one of the lots adjacent to the tower. Despite its proximity to the tower, the sale was the highest in price point and price per square foot. Based on the analysis of the market date within Address Sale Date Sales Price SF $/SF 773 Cypress Village Place 3/1/21 285,500$ 1,982 144.05$ 777 Cypress Village Place 3/1/21 261,500$ 1,692 154.55$ 781 Cypress Village Place 3/1/21 291,500$ 1,827 159.55$ 712 Cypress Village Place 4/15/21 295,000$ 1,982 148.84$ 715 Cypress Village Place 4/21/21 289,000$ 1,834 157.58$ 708 Cypress Village Place 4/27/21 296,500$ 1,982 149.60$ 732 Cypress Village Place 4/29/21 259,000$ 1,310 197.71$ 736 Cypress Village Place 5/4/21 269,500$ 1,703 158.25$ 707 Cypress Village Place 5/21/21 323,000$ 2,379 135.77$ 733 Cypress Village Place 6/11/21 327,000$ 2,379 137.45$ 728 Cypress Village Place 6/17/21 298,500$ 1,982 150.61$ 780 Cypress Village Place 6/24/21 257,500$ 1,284 200.55$ 760 Cypress Village Place 6/30/21 293,500$ 1,982 148.08$ 725 Cypress Village Place 7/2/21 315,000$ 1,923 163.81$ 711 Cypress Village Place 7/23/21 305,500$ 2,048 149.17$ 765 Cypress Village Place 9/3/21 290,000$ 1,863 155.66$ 748 Cypress Village Place 9/9/21 289,000$ 1,982 145.81$ 749 Cypress Village Place 10/7/21 288,500$ 2,002 144.11$ 753 Cypress Village Place 10/7/21 286,500$ 2,062 138.94$ 724 Cypress Village Place 10/25/21 329,500$ 2,366 139.26$ 752 Cypress Village Place 12/3/21 291,500$ 1,680 173.51$ 764 Cypress Village Place 12/29/21 270,500$ 1,358 199.19$ 772 Cypress Village Place 1/7/22 262,500$ 1,345 195.17$ 768 Cypress Village Place 1/12/22 278,500$ 1,358 205.08$ 720 Cypress Village Place 1/14/22 298,500$ 1,886 158.27$ 769 Cypress Village Place 3/15/22 278,000$ 1,692 164.30$ 756 Cypress Village Place 3/17/22 301,000$ 1,850 162.70$ 744 Cypress Village Place 3/31/22 299,000$ 1,702 175.68$ 757 Cypress Village Place 4/26/22 292,000$ 1,692 172.58$ 716 Cypress Village Place 4/29/22 298,000$ 1,886 158.01$ 745 Cypress Village Place 5/5/22 348,500$ 2,240 155.58$ 761 Cypress Village Place 5/20/22 304,500$ 1,982 153.63$ 776 Cypress Village Place 5/26/22 268,000$ 1,345 199.26$ Cypress Village Sales Summary Board of Commissioners - February 6, 2023 ITEM: 13- 9 - 18 IMPACT STUDY PLANTATION ROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 20 of 41 (NH-003) MPB REAL ESTATE, LLC this subdivision, the tower does not substantially injure the value of adjacent properties. Given the limited data for the local towers, we provide additional examples from studies performed in North Carolina. These examples are provided in support of the limited data from the local market. Given the residential zoning of the surrounding properties, we provide examples of residential developments with visual impact from a tower. Other Market Data The first example is located on Woodpark Drive in High Point, North Carolina. The monopole tower is similar to the proposed tower. The surrounding developments are townhomes that provide adequate quantity of data to develop an opinion of whether this tower influences value. The townhomes in the development have varying levels of visual influence from the tower. The sales highlighted in yellow have the highest level of visual influence from the tower as the tower is located in view of their front door. Board of Commissioners - February 6, 2023 ITEM: 13- 9 - 19 IMPACT STUDY PLANTATION ROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 21 of 41 (NH-003) MPB REAL ESTATE, LLC We have included this example because higher density residential developments are prevalent along major transportation corridors. The sales directly across the street from the tower, shown in yellow, do not show any influence from the tower. In fact, one sale across the street is the highest priced sale found within the past several years. This data provides evidence that the visual influence from the tower has no influence on prices paid. The second example is from a subdivision in Cornelius, North Carolina. Victoria Bay is a waterfront community on Lake Norman and has similar improvements. This subdivision includes some homes with frontage on the water. We have excluded these sales to assist in isolating the influence of the tower if any on residential properties. The following chart provides a summary of the sales. The sales highlighted in yellow have visual influence from the tower. The sales highlighted in green are for a resale of the same property. ID Address Size SF Bedrooms Bathrooms Sale Price Price/Sq. Ft. Sale Date Deed Book Page 196643 7836 WOODPARK DR 1,264 3 2 $100,000 $79.11 7/5/2018 8065-0590 196633 7820 WOODPARK DR 1,266 3 2 $137,000 $108.21 7/27/2016 7837-2933 196634 7822 WOODPARK DR 1,266 3 2 $122,000 $96.37 5/28/2015 7704-3038 196637 7828 WOODPARK DR 1,266 3 2 $114,000 $90.05 8/22/2014 7626-0825 196644 7846 WOODPARK DR 1,264 3 2 $135,000 $106.80 10/5/2017 7982-1602 196645 7844 WOODPARK DR 1,152 2 2 $98,000 $85.07 7/23/2014 7617-0256 196645 7844 WOODPARK DR 1,152 2 2 $104,500 $90.71 8/12/2016 7844-0746 196652 7871 WOODPARK DR 1,264 3 2 $115,000 $90.98 10/14/2014 7641-1701 196656 7859 WOODPARK DR 1,264 3 2 $125,000 $98.89 4/13/2017 7923-1098 196658 7855 WOODPARK DR 1,264 3 2 $106,000 $83.86 5/14/2015 7700-2575 Castle Pines at Hickswood Townhomes Board of Commissioners - February 6, 2023 ITEM: 13- 9 - 20 IMPACT STUDY PLANTATION ROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 22 of 41 (NH-003) MPB REAL ESTATE, LLC The sales shown have an average price per square foot of $132.11. Three of the four sales with visual influence from the tower are above the average. Six of the sales in the data set were of the same model. Three of the sales have visual influence from the tower. The prices paid per square foot are comparable. The indication from the market is that the visual Parcel # Street Address Sales Date Size (SF) $/SF Sales Price 003-381-44 19911 Marina Village Dr. April 13, 2018 1,620 138.27$ 224,000$ 003-381-40 18505 Victoria Bay Dr. November 13, 2018 1,620 155.86$ 252,500$ 003-381-30 18526 Victoria Bay Dr. July 1, 2020 2,219 145.11$ 322,000$ 003-381-62 18611 Victoria Bay Dr. November 16, 2018 1,620 146.91$ 238,000$ 003-381-65 18623 Victoria Bay Dr. February 28, 2018 1,620 139.51$ 226,000$ 003-381-66 18627 Victoria Bay Dr. October 18, 2018 1,620 151.23$ 245,000$ 003-381-25 18624 Victoria Bay Dr. November 20, 2018 2,052 119.40$ 245,000$ 003-381-14 20030 Coral Cove Ct. January 11, 2018 1,620 134.57$ 218,000$ 003-382-02 18122 Bluff Inlet Rd. June 19, 2020 2,071 153.31$ 317,500$ 003-195-09 18111 Bluff Inlet Rd. May 18, 2018 2,052 121.83$ 250,000$ 003-195-06 18021 Bluff Inlet Rd. July 16, 2018 2,012 136.68$ 275,000$ 003-195-01 18001 Bluff Inlet Rd. April 17, 2020 1,645 151.98$ 250,000$ 003-196-23 20815 Brinkley St. June 17, 2020 2,610 128.35$ 335,000$ 003-196-12 18208 Harbor Mist Rd. February 23, 2018 2,709 108.90$ 295,000$ 003-196-12 18208 Harbor Mist Rd. August 3, 2018 2,709 124.03$ 336,000$ 003-196-36 20933 Brinkley St. September 7, 2018 2,528 128.56$ 325,000$ 003-194-57 20102 Beard St. August 21, 2020 2,386 155.07$ 370,000$ 003-195-59 20115 Beard St. September 4, 2018 2,263 124.61$ 282,000$ 003-194-51 20914 Brinkley St. December 27, 2018 2,609 109.62$ 286,000$ 003-194-25 18307 Victoria Bay Dr. February 21, 2018 2,332 125.21$ 292,000$ 003-194-26 18311 Victoria Bay Dr. September 21, 2018 2,582 114.25$ 295,000$ 003-194-25 18327 Victoria Bay Dr. January 24, 2018 2,609 105.40$ 275,000$ 003-194-34 18409 Victoria Bay Dr. August 13, 2018 2,655 119.77$ 318,000$ Victoria Bay Board of Commissioners - February 6, 2023 ITEM: 13- 9 - 21 IMPACT STUDY PLANTATION ROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 23 of 41 (NH-003) MPB REAL ESTATE, LLC impact from the tower does not adversely impact property values in Victoria Bay. The next tower with adequate data is a lattice tower located at 2517 Providence Road in Weddington, North Carolina. Typically, we would not include this tower because of its construction type and taller size. This tower as shown on the photograph poses a significantly higher visual impact on the subdivision to the north, Inverness at Providence Road. The following chart provides a summary of market data for homes in the subdivision. The sales highlighted in yellow have significant visual impact from the tower. The sales highlighted in green are resales of the same property to reflect the appreciating market. Parcel Number Book & Page Acreage Address Sale Amount Sale Date Year Built SF $/SF Parcel Number Book & Page Acreage Address Sale Amount Sale Date Year Built SF $/SF 6159379 7154 747 0.32 104 SOMERLED WAY 508,500$ 5/11/2018 2018 3,479 146.16$ 6159445 7736 0391 0.36 309 SOMERLED WAY 525,000$ 7/15/2020 2016 3,893 134.86$ 6159380 7145 188 0.37 108 SOMERLED WAY 471,000$ 4/27/2018 2017 3,859 122.05$ 6159446 6781 278 0.38 313 SOMERLED WAY 557,000$ 9/28/2016 2016 4,339 128.37$ 6159381 7146 402 0.4 112 SOMERLED WAY 438,500$ 4/30/2018 2017 3,248 135.01$ 6159447 7120 362 0.32 317 SOMERLED WAY 534,500$ 3/19/2018 2017 4,291 124.56$ 6159382 7172 333 0.4 113 SOMERLED WAY 559,000$ 6/8/2018 2015 3,921 142.57$ 6159448 7225 798 0.25 321 SOMERLED WAY 490,000$ 8/29/2018 2018 3,788 129.36$ 6159383 7219 178 0.24 117 SOMERLED WAY 520,000$ 8/20/2018 2015 3,243 160.35$ 6159449 7244 446 0.25 325 SOMERLED WAY 472,500$ 10/1/2018 2018 4,225 111.83$ 6159384 7244 560 0.24 121 SOMERLED WAY 514,000$ 10/1/2018 2018 4,354 118.05$ 6159450 7536 0594 0.25 329 SOMERLED WAY 542,500$ 12/10/2019 2016 3,824 141.87$ 6159385 7942 0230 0.24 125 SOMERLED WAY 550,000$ 1/4/2021 2018 3,248 169.33$ 6159451 6967 230 0.25 333 SOMERLED WAY 540,000$ 7/5/2017 2016 4,556 118.53$ 6159386 6719 319 0.26 129 SOMERLED WAY 503,500$ 7/12/2016 2015 3,921 128.41$ 6159452 7219 017 0.27 337 SOMERLED WAY 455,000$ 8/17/2018 2018 3,248 140.09$ 6159387 6546 130 0.27 201 SOMERLED WAY 486,000$ 10/12/2015 2015 3,942 123.29$ 6159453 7147 488 0.32 341 SOMERLED WAY 483,000$ 5/1/2018 2017 3,892 124.10$ 6159388 6699 852 0.25 205 SOMERLED WAY 453,000$ 6/16/2016 2016 3,245 139.60$ 6159454 7144 410 0.33 345 SOMERLED WAY 491,500$ 4/26/2018 2017 3,248 151.32$ 6159389 6822 104 0.25 209 SOMERLED WAY 491,000$ 11/18/2016 2015 3,900 125.90$ 6159455 7684 0116 0.32 349 SOMERLED WAY 525,000$ 5/29/2020 2016 3,415 153.73$ 6159390 6825 072 0.25 213 SOMERLED WAY 471,000$ 11/22/2016 2015 3,756 125.40$ 6159458 6885 265 0.353 105 BARCLAY DR 467,000$ 3/1/2017 2016 3,646 128.09$ 6159391 6633 228 0.3 217 SOMERLED WAY 478,000$ 3/16/2016 2015 3,868 123.58$ 6159459 6880 725 0.342 109 BARCLAY DR 528,500$ 2/22/2017 2016 3,173 166.56$ 6159392 6950 743 0.242 317 BARCLAY DR 668,500$ 6/12/2017 2016 6,507 102.74$ 6159460 6940 081 0.317 113 BARCLAY DR 518,000$ 5/26/2017 2017 4,291 120.72$ 6159393 6851 790 0.27 321 BARCLAY DR 502,500$ 12/29/2016 2016 3,897 128.95$ 6159461 7047 708 0.358 117 BARCLAY DR 417,500$ 11/3/2017 2017 3,160 132.12$ 6159394 6645 149 0.35 325 BARCLAY DR 495,500$ 4/1/2016 2015 3,892 127.31$ 6159462 6920 777 0.305 121 BARCLAY DR 571,000$ 4/27/2017 2017 4,775 119.58$ 6159396 6670 745 0.23 333 BARCLAY DR 491,500$ 5/9/2016 2016 3,892 126.28$ 6159463 7429 307 0.25 125 BARCLAY DR 588,000$ 7/31/2019 2018 3,892 151.08$ 6159397 6712 081 0.23 337 BARCLAY DR 391,500$ 6/30/2016 2016 3,180 123.11$ 6159463 7224 607 0.25 125 BARCLAY DR 572,000$ 8/28/2018 2018 3,892 146.97$ 6159398 6823 029 0.28 341 BARCLAY DR 458,500$ 11/18/2016 2016 3,186 143.91$ 6159464 7122 746 0.271 129 BARCLAY DR 526,500$ 3/22/2018 2017 5,874 89.63$ 6159399 7086 853 0.29 2905 MERRYVALE WAY 545,000$ 1/12/2018 2016 4,222 129.09$ 6159466 7488 0001 0.274 137 BARCLAY DR 570,000$ 10/11/2019 2017 4,560 125.00$ 6159400 6846 365 0.29 2909 MERRYVALE WAY 538,000$ 12/21/2016 2016 4,434 121.34$ 6159467 6921 598 0.274 141 BARCLAY DR 452,000$ 4/28/2017 2017 3,426 131.93$ 6159401 6659 509 0.31 2913 MERRYVALE WAY 459,000$ 4/25/2016 2016 3,245 141.45$ 6159468 7397 0704 0.25 145 BARCLAY DR 521,000$ 6/21/2019 2017 3,763 138.45$ 6159402 6655 785 0.38 2917 MERRYVALE WAY 507,000$ 4/19/2016 2015 3,868 131.08$ 6159469 7032 212 0.25 149 BARCLAY DR 458,000$ 10/11/2017 2017 3,167 144.62$ 6159403 6782 657 0.39 2920 MERRYVALE WAY 553,500$ 9/29/2016 2016 4,339 127.56$ 6159470 7223 321 0.25 153 BARCLAY DR 486,500$ 8/24/2018 2018 4,260 114.20$ 6159404 6853 642 0.36 2916 MERRYVALE WAY 545,000$ 12/30/2016 2016 4,516 120.68$ 6159471 7244 507 0.25 157 BARCLAY DR 545,500$ 10/1/2018 2018 4,310 126.57$ 6159405 6640 381 0.28 2912 MERRYVALE WAY 452,000$ 3/28/2016 2015 3,884 116.37$ 6159472 7243 553 0.25 161 BARCLAY DR 469,500$ 9/28/2018 2018 3,666 128.07$ 6159406 6590 757 0.29 2908 MERRYVALE WAY 452,500$ 12/28/2015 2015 3,909 115.76$ 6159473 7237 611 0.25 165 BARCLAY DR 468,000$ 9/20/2018 2018 3,889 120.34$ 6159407 6591 307 0.29 2904 MERRYVALE WAY 448,000$ 12/28/2015 2015 3,892 115.11$ 6159474 7177 736 0.25 169 BARCLAY DR 511,500$ 6/18/2018 2018 3,822 133.83$ 6159408 6591 474 0.33 2900 MERRYVALE WAY 451,000$ 12/29/2015 2015 3,868 116.60$ 6159475 7237 408 0.25 173 BARCLAY DR 480,000$ 9/20/2018 2018 3,892 123.33$ 6159409 6690 738 0.29 2808 MERRYVALE WAY 419,000$ 6/3/2016 2016 3,245 129.12$ 6159476 7778 110 0.25 177 BARCLAY DR 530,000$ 8/19/2020 2018 3,559 148.92$ 6159410 6643 595 0.32 2804 MERRYVALE WAY 513,000$ 3/31/2016 2015 3,756 136.58$ 6159476 7235 595 0.25 177 BARCLAY DR 489,000$ 9/18/2018 2018 3,559 137.40$ 6159411 7150 630 0.25 120 SOMERLED WAY 456,000$ 5/4/2018 2017 3,559 128.13$ 6159477 7775 473 0.298 181 BARCLAY DR 585,000$ 8/17/2020 2018 3,788 154.44$ 6159412 6688 409 0.24 124 SOMERLED WAY 432,000$ 6/1/2016 2015 3,106 139.09$ 6159477 7227 402 0.298 181 BARCLAY DR 529,500$ 8/31/2018 2018 3,788 139.78$ 6159413 7273 540 0.29 128 SOMERLED WAY 505,000$ 11/26/2018 2015 3,892 129.75$ 6159478 7243 069 0.287 185 BARCLAY DR 430,000$ 9/28/2018 2018 3,248 132.39$ 6159414 6959 391 0.28 200 SOMERLED WAY 459,000$ 6/26/2017 2017 3,701 124.02$ 6159479 7202 403 0.287 189 BARCLAY DR 534,000$ 7/24/2018 2018 3,274 163.10$ 6159415 6608 661 0.25 204 SOMERLED WAY 419,000$ 2/1/2016 2015 3,868 108.32$ 6159480 7437 393 0.287 193 BARCLAY DR 549,000$ 8/12/2019 2017 3,592 152.84$ 6159416 6731 757 0.25 208 SOMERLED WAY 467,500$ 7/28/2016 2016 3,890 120.18$ 6159480 7110 539 0.287 193 BARCLAY DR 520,000$ 2/28/2018 2017 3,592 144.77$ 6159417 6757 188 0.25 212 SOMERLED WAY 456,500$ 8/30/2016 2016 3,881 117.62$ 6159481 7077 103 0.287 197 BARCLAY DR 621,500$ 12/22/2017 2017 6,158 100.93$ 6159419 7045 313 0.3 220 SOMERLED WAY 460,000$ 10/31/2017 2016 3,173 144.97$ 6159482 7917 0532 0.295 201 BARCLAY DR 530,000$ 12/11/2020 2017 3,260 162.58$ 6159420 6868 158 0.27 328 BARCLAY DR 529,500$ 1/31/2017 2016 4,340 122.00$ 6159483 7040 873 0.29 205 BARCLAY DR 462,000$ 10/25/2017 2017 3,900 118.46$ 6159421 6971 136 0.25 332 BARCLAY DR 466,000$ 7/12/2017 2017 3,833 121.58$ 6159484 7079 604 0.267 209 BARCLAY DR 521,000$ 12/29/2017 2017 3,806 136.89$ 6159422 7204 509 0.25 336 BARCLAY DR 530,000$ 7/27/2018 2016 4,339 122.15$ 6159485 7042 866 0.283 213 BARCLAY DR 430,500$ 10/27/2017 2017 3,173 135.68$ 6159423 6725 875 0.42 340 BARCLAY DR 533,000$ 7/21/2016 2016 3,892 136.95$ 6159486 7003 282 0.371 200 BARCLAY DR 558,500$ 8/28/2017 2017 4,531 123.26$ 6159424 7242 439 0.33 301 SOMERLED WAY 500,000$ 9/27/2018 2016 4,310 116.01$ 6159487 6959 514 0.324 188 BARCLAY DR 488,500$ 6/26/2017 2017 3,911 124.90$ 6159425 6842 058 0.32 305 SOMERLED WAY 433,500$ 12/16/2016 2016 3,173 136.62$ 6159488 6985 188 0.333 180 BARCLAY DR 552,000$ 7/31/2017 2017 4,541 121.56$ 6159433 7224 094 0.3 301 BARCLAY DR 455,500$ 8/27/2018 2018 3,479 130.93$ 6159489 7091 878 0.254 172 BARCLAY DR 495,500$ 1/24/2018 2017 3,274 151.34$ 6159434 6825 757 0.27 305 BARCLAY DR 644,500$ 11/22/2016 2016 5,830 110.55$ 6159490 7205 416 0.25 168 BARCLAY DR 503,500$ 7/30/2018 2018 4,310 116.82$ 6159435 6825 096 0.28 309 BARCLAY DR 632,000$ 11/22/2016 2016 5,954 106.15$ 6159491 7066 746 0.25 164 BARCLAY DR 482,000$ 12/7/2017 2017 4,211 114.46$ 6159436 6744 188 0.33 313 BARCLAY DR 534,500$ 8/15/2016 2016 3,868 138.19$ 6159492 7073 062 0.25 160 BARCLAY DR 477,500$ 12/18/2017 2017 3,912 122.06$ 6159437 7147 247 0.28 308 SOMERLED WAY 464,500$ 4/30/2018 2016 3,879 119.75$ 6159493 7546 349 0.25 156 BARCLAY DR 521,000$ 12/20/2019 2017 3,248 160.41$ 6159438 6660 854 0.25 316 SOMERLED WAY 465,500$ 4/26/2016 2016 3,890 119.67$ 6159493 7140 614 0.25 156 BARCLAY DR 514,500$ 4/20/2018 2017 3,248 158.41$ 6159439 6693 863 0.24 320 SOMERLED WAY 448,000$ 6/8/2016 2016 3,868 115.82$ 6159494 6982 514 0.25 152 BARCLAY DR 506,000$ 7/27/2017 2017 4,566 110.82$ 6159440 7232 454 0.24 324 SOMERLED WAY 533,000$ 9/10/2018 2016 3,756 141.91$ 6159495 7139 083 0.25 148 BARCLAY DR 470,000$ 4/18/2018 2017 3,883 121.04$ 6159441 6693 353 0.24 328 SOMERLED WAY 495,000$ 6/8/2016 2016 3,408 145.25$ 6159496 7067 001 0.25 144 BARCLAY DR 500,000$ 12/7/2017 2017 4,311 115.98$ 6159442 6653 116 0.24 332 SOMERLED WAY 452,500$ 4/14/2016 2015 3,890 116.32$ 6159497 6885 172 0.307 140 BARCLAY DR 473,000$ 2/28/2017 2016 3,918 120.72$ 6159443 6712 158 0.29 340 SOMERLED WAY 456,500$ 7/1/2016 2016 3,245 140.68$ 6159498 7078 310 0.304 132 BARCLAY DR 429,500$ 12/27/2017 2017 3,164 135.75$ 6159444 7833 0099 0.27 348 SOMERLED WAY 595,000$ 10/2/2020 2016 3,196 186.17$ 6159499 6867 900 0.25 124 BARCLAY DR 439,500$ 1/30/2017 2016 3,866 113.68$ 6159500 6931 427 0.458 116 BARCLAY DR 581,000$ 5/12/2017 2017 4,331 134.15$ Inverness Subdivision Sales Board of Commissioners - February 6, 2023 ITEM: 13- 9 - 22 IMPACT STUDY PLANTATION ROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 24 of 41 (NH-003) MPB REAL ESTATE, LLC The most significant factor in the analysis of the data is the date of sale. The housing shortage has shown a spike in prices paid. The price point for these homes averages approximately $500,000. The sales prices for the houses with visual influence from the tower range from $448,000 to $553,500 which is consistent with the sales of homes without a visual influence despite their older sale date. The price per square foot for the impacted houses ranges from $115.11 to $141.45 per square foot. Again, the rates bookend the median and averages for the neighborhood. The indication from the analysis is that the presence of a cell tower posing a higher level of visual impact with a light did not significantly impact the value of properties. The Vickery subdivision located in Waxhaw, North Carolina has a cell tower just north of the lots at the terminus of Vickery Drive. This tower has a comparable distance to adjacent improvements. The vegetative buffer is comparable to the proposed tower. The analysis for those properties closest to the tower are compared to those within the remainder of the subdivision. The following chart provides sales within the Size Sale Price $/SF Minimum 3,106 391,500$ 89.63$ Maximum 6,507 668,500$ 186.17$ Average 3,894 501,287$ 130.65$ Median 3,879 495,500$ 128.09$ Inverness Summary Board of Commissioners - February 6, 2023 ITEM: 13- 9 - 23 IMPACT STUDY PLANTATION ROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 25 of 41 (NH-003) MPB REAL ESTATE, LLC subdivision with the properties closest to the tower highlighted in yellow. Parcel Number Book & Page Acreage Address Sale Amount Size SFD (SF) Price/SF Sale Date Assessed Value % of Assessed Value Year Built 7075300 6775 248 0.474 1209 VICKERY DR 474,000$ 4,032 117.56$ 9/21/2016 387,500$ 122% 2016 7075301 6775 389 0.584 1215 VICKERY DR 467,000$ 4,224 110.56$ 9/21/2016 398,200$ 117% 2016 7075299 6778 636 0.481 1205 VICKERY DR 447,000$ 3,453 129.45$ 9/26/2016 358,100$ 125% 2016 7075302 6781 324 0.472 1305 VICKERY DR 429,900$ 3,011 142.78$ 9/28/2016 366,300$ 117% 2016 7075308 6782 602 0.486 1416 VICKERY DR 404,000$ 3,427 117.89$ 9/29/2016 344,300$ 117% 2016 7075305 6785 056 0.46 1415 VICKERY DR 438,000$ 3,789 115.60$ 9/30/2016 380,200$ 115% 2016 7075304 6786 509 0.501 1407 VICKERY DR 390,000$ 2,922 133.47$ 10/4/2016 316,900$ 123% 2016 7075315 6800 627 0.608 1300 VICKERY DR 436,500$ 3,073 142.04$ 10/21/2016 340,200$ 128% 2016 7075310 6802 034 0.565 1408 VICKERY DR 495,500$ 4,032 122.89$ 10/24/2016 387,300$ 128% 2016 7075309 6807 378 0.53 1412 VICKERY DR 508,815$ 3,865 131.65$ 10/28/2016 406,700$ 125% 2016 7075303 6807 603 0.466 1401 VICKERY DR 435,000$ 3,571 121.81$ 10/31/2016 362,400$ 120% 2016 7075298 6835 577 0.514 1201 VICKERY DR 480,705$ 3,956 121.51$ 12/7/2016 388,200$ 124% 2016 7075314 6843 242 0.498 1304 VICKERY DR 464,900$ 3,850 120.75$ 12/16/2016 375,900$ 124% 2016 7075307 6843 367 0.466 1423 VICKERY DR 470,000$ 3,672 128.00$ 12/19/2016 362,500$ 130% 2016 7075326 6844 281 0.463 2023 DONOVAN DR 450,500$ 2,922 154.18$ 12/19/2016 324,100$ 139% 2016 7075330 6847 478 0.529 2028 DONOVAN DR 438,500$ 3,642 120.40$ 12/22/2016 355,500$ 123% 2016 7075335 6848 787 0.504 2011 CHALET LN 475,207$ 3,672 129.41$ 12/27/2016 363,700$ 131% 2016 7075331 6848 807 0.473 2024 DONOVAN DR 492,000$ 4,832 101.82$ 12/27/2016 420,500$ 117% 2016 7075332 6851 725 0.461 2018 DONOVAN DR 454,348$ 3,594 126.42$ 12/29/2016 358,800$ 127% 2016 7075312 6851 804 0.542 1402 VICKERY DR 417,000$ 3,037 137.31$ 12/29/2016 338,500$ 123% 2016 7075325 6859 111 0.463 2019 DONOVAN DR 462,500$ 3,037 152.29$ 1/13/2017 338,900$ 136% 2016 7075317 6862 313 0.496 1110 VICKERY DR 448,836$ 3,644 123.17$ 1/19/2017 376,500$ 119% 2016 7075313 6880 472 0.497 1308 VICKERY DR 476,853$ 4,102 116.25$ 2/22/2017 395,100$ 121% 2016 7075350 6882 808 0.483 1004 KARA CT 459,050$ 3,430 133.83$ 2/24/2017 344,000$ 133% 2016 7075311 6883 380 0.513 1406 VICKERY DR 499,900$ 4,240 117.90$ 2/27/2017 406,500$ 123% 2016 7075338 6886 457 0.537 3021 CHALET LN 506,000$ 3,803 133.05$ 3/2/2017 369,800$ 137% 2016 7075337 6891 603 0.531 3015 CHALET LN 442,890$ 3,036 145.88$ 3/10/2017 323,500$ 137% 2016 7075333 6892 523 0.473 2012 DONOVAN DR 494,990$ 3,777 131.05$ 3/13/2017 382,500$ 129% 2016 7075345 6894 492 0.534 3000 CHALET LN 432,000$ 3,109 138.95$ 3/16/2017 336,300$ 128% 2016 7075306 6896 071 0.462 1419 VICKERY DR 455,800$ 3,488 130.68$ 3/20/2017 366,600$ 124% 2016 7075334 6903 497 0.567 2002 DONOVAN DR 469,900$ 3,430 137.00$ 3/30/2017 359,100$ 131% 2016 7075336 6928 229 0.521 3003 CHALET LN 558,582$ 4,258 131.18$ 5/9/2017 403,700$ 138% 2017 7075343 6934 030 0.544 3012 CHALET LN 502,000$ 3,646 137.69$ 5/18/2017 366,500$ 137% 2017 7075348 6943 103 0.473 1016 KARA CT 498,677$ 3,609 138.18$ 5/31/2017 366,200$ 136% 2017 7075344 6948 415 0.56 3008 CHALET LN 512,900$ 4,059 126.36$ 6/8/2017 408,800$ 125% 2016 7075322 6954 471 0.516 2005 DONOVAN DR 512,000$ 3,910 130.95$ 6/16/2017 388,900$ 132% 2017 7075341 6955 571 0.53 3024 CHALET LN 499,900$ 4,085 122.37$ 6/19/2017 395,600$ 126% 2017 7075340 6957 267 0.482 3030 CHALET LN 465,335$ 3,462 134.41$ 6/21/2017 353,700$ 132% 2017 7075349 6961 836 0.492 1010 KARA CT 493,500$ 4,102 120.31$ 6/28/2017 395,100$ 125% 2017 7075297 6961 627 0.509 1109 VICKERY DR 470,049$ 3,413 137.72$ 6/28/2017 358,800$ 131% 2017 7075347 6962 872 0.579 1020 KARA CT 507,500$ 3,885 130.63$ 6/29/2017 371,900$ 136% 2017 7075351 6964 408 0.476 1002 KARA CT 440,000$ 3,528 124.72$ 6/30/2017 353,200$ 125% 2016 7075316 6965 130 0.568 1210 VICKERY DR 449,900$ 3,528 127.52$ 6/30/2017 353,400$ 127% 2016 7075346 6978 225 0.567 1005 KARA CT 528,250$ 3,913 135.00$ 7/21/2017 390,200$ 135% 2017 7075329 7020 463 0.541 2032 DONOVAN DR 457,400$ 3,000 152.47$ 9/22/2017 341,200$ 134% 2017 7075323 7029 563 0.505 2009 DONOVAN DR 469,500$ 3,074 152.73$ 10/6/2017 342,000$ 137% 2017 7075328 7043 656 0.613 2027 DONOVAN DR 513,500$ 3,963 129.57$ 10/30/2017 391,400$ 131% 2017 7075339 7043 673 0.548 3031 CHALET LN 443,000$ 3,074 144.11$ 10/30/2017 333,800$ 133% 2017 7075324 7064 691 0.512 2015 DONOVAN DR 471,085$ 3,609 130.53$ 12/4/2017 353,900$ 133% 2017 7075342 7072 416 0.525 3018 CHALET LN 495,000$ 3,777 131.06$ 12/15/2017 382,300$ 129% 2017 7075327 7133 380 0.467 2025 DONOVAN DR 509,000$ 3,735 136.28$ 4/9/2018 362,500$ 140% 2016 Board of Commissioners - February 6, 2023 ITEM: 13- 9 - 24 IMPACT STUDY PLANTATION ROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 26 of 41 (NH-003) MPB REAL ESTATE, LLC For the analysis, we used several units of comparison. The price point for the properties closest to the tower are within the range of the rest of the subdivision. While one sale is on the lower end of the range another is on the upper end of the range indicating that the proximity to the cell tower does not influence the price point. We also looked at the price per square foot. Again, the sales in proximity to the tower were consistent with nominal variances with other properties in the subdivision. We also compared the sales prices to the assessed values of the properties. Again, this comparison yielded the same results that the market and prices paid for properties in proximity to the tower were not impacted by the tower. The next tower found is located southeast of the Prestwick subdivision in Charlotte, North Carolina. The following aerial shows the tower to the southeast of the subdivision. Board of Commissioners - February 6, 2023 ITEM: 13- 9 - 25 IMPACT STUDY PLANTATION ROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 27 of 41 (NH-003) MPB REAL ESTATE, LLC The tower is a monopole tower with some trees between the tower and the residential properties within Prestwick. The following chart provides a summary of sales within the subdivision with the properties highlighted in yellow having some level of visual influence from the tower. Despite consideration of adjustments to the data set for a variety of physical and market variances, the single-family dwelling with the highest level of visual impact from the tower lies within the range of the data set presented. This analysis indicates that the visual impact of this tower does not substantially impact property values of residential properties. Other potential impacts to the surrounding area include noise, traffic, and lighting. The operation of a cell tower is essentially silent and would not influence the surrounding Parcel Number Book & Page Acreage Address Sale Amount Size SFD (SF) Price/SF Sale Date Assessed Value % of Assessed Value Year Built 7135197 6730 543 0.16 5810 PARKSTONE DR $247,000 3,288 $75.12 7/26/2016 $246,000 100% 2006 7135211 7011 590 0.15 5807 PARKSTONE DR $260,000 2,844 $91.42 9/8/2017 $224,100 116% 2006 7135214 6918 096 0.14 5801 PARKSTONE DR $245,000 2,744 $89.29 4/24/2017 $217,400 113% 2006 7135218 6991 886 0.16 5717 PARKSTONE DR $271,000 2,732 $99.19 8/10/2017 $218,500 124% 2006 7135221 6636 021 0.17 5707 PARKSTONE DR $250,000 2,744 $91.11 3/21/2016 $220,300 113% 2006 7135228 6728 324 0.17 5706 PARKSTONE DR $242,000 2,652 $91.25 7/25/2016 $212,300 114% 2006 7135238 6756 020 0.18 3107 ROYAL TROON LN $260,000 2,744 $94.75 8/29/2016 $217,500 120% 2006 7135243 7228 074 0.14 3005 ROYAL TROON LN $235,000 1,956 $120.14 8/31/2018 $179,400 131% 2006 7135190 7192 422 0.14 5704 FALKIRK LN $274,000 2,856 $95.94 7/10/2018 $223,600 123% 2006 7135193 7228 475 0.15 5800 PARKSTONE DR $287,500 3,026 $95.01 8/31/2018 $233,600 123% 2006 7135196 7154 843 0.16 5808 PARKSTONE DR $256,000 2,744 $93.29 5/11/2018 $219,900 116% 2006 7135198 6903 572 0.16 5812 PARKSTONE DR $262,000 2,744 $95.48 3/30/2017 $217,500 120% 2006 7135213 7199 856 0.14 5803 PARKSTONE DR $277,000 2,732 $101.39 7/20/2018 $218,700 127% 2006 7135215 6985 085 0.14 5723 PARKSTONE DR $245,000 3,268 $74.97 7/31/2017 $244,300 100% 2006 7135232 6890 100 0.17 5714 PARKSTONE DR $238,000 1,794 $132.66 3/8/2017 $176,700 135% 2006 7135239 6820 854 0.18 3105 ROYAL TROON DR $260,000 2,732 $95.17 11/16/2016 $225,700 115% 2006 7135279 7257 886 0.14 5911 PARKSTONE DR $211,000 2,654 $79.50 10/25/2018 $213,200 99% 2007 7135284 7231 065 0.16 5901 PARKSTONE DR $278,000 2,983 $93.19 9/6/2018 $231,100 120% 2007 7135201 7002 308 0.18 5818 PARKSTONE DR $260,000 2,837 $91.65 8/25/2017 $224,700 116% 2007 7135256 6773 258 0.14 5708 FALKIRK LN $232,500 2,104 $110.50 9/19/2016 $192,700 121% 2007 7135273 7232 509 0.15 5910 PARKSTONE DR $273,000 3,075 $88.78 9/10/2018 $235,100 116% 2007 7135283 6943 153 0.16 5903 PARKSTONE DR $255,000 2,654 $96.08 5/31/2017 $212,500 120% 2007 Board of Commissioners - February 6, 2023 ITEM: 13- 9 - 26 IMPACT STUDY PLANTATION ROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 28 of 41 (NH-003) MPB REAL ESTATE, LLC developments. The additional traffic caused by the proposed development includes two to three trips a month for routine maintenance. Any increases in traffic are considered nominal and does not impact the abutting properties. One of the examples includes a lit tower with lattice construction posing a significantly higher visual impact than the proposed tower. Conclusions The market activity around cell towers indicates that the visual impact of the proposed tower is not reflected in the prices paid. In other words, if I were to appraise any of the abutting properties of the proposed development, the market data does not support any adjustments for the visual impact of the tower. Therefore, I conclude that the proposed development of a wireless telecommunications facility will not substantially injure the value of abutting properties. Qualitative Analysis In addition to the market activity for existing towers, we also consider the surrounding developments for the subject. The question posed for this study is “would the development of the wireless facility warrant a downward adjustment to neighborhood properties?” The information from the previous analysis indicates that there is no empirical evidence to support a quantitative adjustment. The following analysis is intended to determine whether a qualitative adjustment is warranted. Subject Neighborhood When considering qualitative adjustments in an appraisal, the appraiser must consider all factors that could contribute to an adjustment. The aesthetics and location of the proposed development as well as the existing developments are a factor in developing our opinion. The factors considered in developing our opinion include but are not necessarily limited to: The market has not shown a detrimental impact on development patterns in areas with visual influence from a wireless facility. Board of Commissioners - February 6, 2023 ITEM: 13- 9 - 27 IMPACT STUDY PLANTATION ROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 29 of 41 (NH-003) MPB REAL ESTATE, LLC The tower will be adjacent to the new bypass currently under construction. The bypass represents a higher level of impact than the proposed tower. Many of the properties in the area are classified as wetlands that limits the development possibilities. All these factors would contribute to the aesthetic appeal and a hypothetical valuation of properties in the neighborhood. The multitude of factors indicates that multicollinearity for aesthetics exists. Multicollinearity arises when multiple items correlate with each other. The multiple factors can cause a distortion of the impact of any of the factors individually without consideration for all the factors that contribute to the common issue. The external influence of the bypass is an external influence that supersedes the impact of the tower. The following provides a summary of our conclusions regarding the items for a special use permit. We reiterate these items for reference purposes. Item 3 Cell towers are essentially silent and would not interfere with the use and enjoyment of properties in the area. The existing traffic for Plantation Road would increase nominally because of the proposed tower. The influence of the bypass is significantly larger than the proposed tower. Based on the market data presented and the siting of the proposed tower adjacent to the bypass, we conclude that the proposed tower will not substantially injure the value of adjacent or abutting properties. Board of Commissioners - February 6, 2023 ITEM: 13- 9 - 28 IMPACT STUDY PLANTATION ROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 30 of 41 (NH-003) MPB REAL ESTATE, LLC Item 4 We conclude that the proposed development will be in harmony with the area. Throughout New Hanover County and North Carolina, the presence of cell towers along major transportation routes is common. The transformation of the corridor will occur with increased transportation linkage. While the area is mostly vacant and includes wetlands, the development patterns of the area are likely to include residential development. As shown throughout this study, the development of a cell tower is common and harmonious with this likely future development pattern. Therefore, it is our opinion that the proposed development in accordance with the proposed conditions will not substantially injure the value of adjacent or abutting properties. The external influence of the bypass is significantly higher than the proposed tower. It is my opinion that the proposed development will not substantially detract from the aesthetics or character of the neighborhood because of its location adjacent to the highway. Michael P. Berkowitz Board of Commissioners - February 6, 2023 ITEM: 13- 9 - 29 IMPACT STUDY PLANTATION ROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 31 of 41 (NH-003) MPB REAL ESTATE, LLC ADDENDA Board of Commissioners - February 6, 2023 ITEM: 13- 9 - 30 IMPACT STUDY PLANTATION ROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 32 of 41 (NH-003) MPB REAL ESTATE, LLC Certification Board of Commissioners - February 6, 2023 ITEM: 13- 9 - 31 IMPACT STUDY PLANTATION ROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 33 of 41 (NH-003) MPB REAL ESTATE, LLC CERTIFICATION OF THE ANALYST I, Michael P. Berkowitz, certify that, to the best of my knowledge and belief, 1. The statements of fact contained in this report are true and correct. 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. 3. I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved. 4. I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. 5. I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. 6. My engagement in this assignment was not contingent upon developing or reporting predetermined results. 7. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this study. 8. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice . 9. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. 10. I have made a personal inspection of the property that is the subject of this report. 11. No one provided significant real property appraisal assistance to the person(s) signing this certification other than those individuals having signed the attached report. Michael P. Berkowitz (NC State Certified General Real Estate Appraiser #A6169) (SC State Certified General Real Estate Appraiser #CG6277) October 18, 2022 Date (Rev: 06/18/12) Board of Commissioners - February 6, 2023 ITEM: 13- 9 - 32 IMPACT STUDY PLANTATION ROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 34 of 41 (NH-003) MPB REAL ESTATE, LLC ASSUMPTIONS AND LIMITING CONDITIONS Board of Commissioners - February 6, 2023 ITEM: 13- 9 - 33 IMPACT STUDY PLANTATION ROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 35 of 41 (NH-003) MPB REAL ESTATE, LLC ASSUMPTIONS AND LIMITING CONDITIONS Limit of Liability The liability of MPB REAL ESTATE, LLC and employees is limited to the client only and to the fee actually received by our firm. Further, there is no accountability, obligation, or liability to any third party. If this report is placed in the hands of anyone other than client, the client shall make such party aware of all limiting conditions and assumptions of the assignment and related discussions. 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Board of Commissioners - February 6, 2023 ITEM: 13- 9 - 34 IMPACT STUDY PLANTATION ROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 36 of 41 (NH-003) MPB REAL ESTATE, LLC Information Used No responsibility is assumed for accuracy of information furnished by or work of others, the client, his designee, or public records. We are not liable for such information or the work of subcontractors. The comparable data relied upon in this report has been confirmed with one or more parties familiar with the transaction or from affidavit or other sources thought reasonable; all are considered appropriate for inclusion to the best of our factual judgment and knowledge. An impractical and uneconomic expenditure of time would be required in attempting to furnish unimpeachable verification in all instances, particularly as to engineering and market-related information. It is suggested that the client consider independent verification as a prerequisite to any transaction involving sale, lease, or other significant commitment of funds for the subject property. Financial Information Our value opinion(s) have been based on unaudited financials, and other data provided to us by management and/or owners. If these reports are found to be inaccurate, we reserve the right to revise our value opinion(s). It is noted we are depending on these accounting statements as being accurate and our interpretation of these statements as being accurate as well. If these assumptions later prove to be false, we reserve the right to amend our opinions of value. Testimony, Consultation, Completion of Contract for Report Services The contract for report, consultation, or analytical service is fulfilled and the total fee payable upon completion of the report, unless otherwise specified. MPB REAL ESTATE, LLC or those assisting in preparation of the report will not be asked or required to give testimony in court or hearing because of having made the report, in full or in part, nor engage in post report consultation with client or third parties except under separate and special arrangement and at an additional fee. If testimony or deposition is required because of any subpoena, the client shall be responsible for any additional time, fees, and charges, regardless of issuing party. Exhibits The illustrations and maps in this report are included to assist the reader in visualizing the property and are not necessarily to scale. Various photographs, if any, are included for the same purpose as of the date of the photographs. Site plans are not surveys unless so designated. Legal, Engineering, Financial, Structural or Mechanical Nature, Hidden Components, Soil No responsibility is assumed for matters legal in character or nature, nor matters of survey, nor of any architectural, structural, mechanical, or engineering nature. No opinion is rendered as to the title, which is presumed to be good and marketable. The property is appraised as if free and clear, unless otherwise stated in particular parts of the report. The legal description is assumed to be correct as used in this report as furnished by the client, his designee, or as derived by MPB REAL ESTATE, LLC. MPB REAL ESTATE, LLC has inspected as far as possible, by observation, the land and the improvements; however, it was not possible to personally observe conditions beneath the soil, or hidden structural, mechanical or other components, and MPB REAL ESTATE, LLC shall not be responsible for defects in the property which may be related. The report is based on there being no hidden, unapparent, or apparent conditions of the property site, subsoil or structures or toxic materials which would render it more or less valuable. No Board of Commissioners - February 6, 2023 ITEM: 13- 9 - 35 IMPACT STUDY PLANTATION ROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 37 of 41 (NH-003) MPB REAL ESTATE, LLC responsibility is assumed for any such conditions or for any expertise or engineering to discover them. All mechanical components are assumed to be in operable condition and status standard for properties of the subject type. Conditions of heating, cooling, ventilation, electrical, and plumbing equipment are considered to be commensurate with the condition of the balance of the improvements unless otherwise stated. We are not experts in this area, and it is recommended, if appropriate, the client obtain an inspection of this equipment by a qualified professional. If MPB REAL ESTATE, LLC has not been supplied with a termite inspection, survey or occupancy permit, no responsibility or representation is assumed or made for any costs associated with obtaining same or for any deficiencies discovered before or after they are obtained. No representation or warranties are made concerning obtaining the above mentioned items. MPB REAL ESTATE, LLC assumes no responsibility for any costs or consequences arising due to the need, or the lack of need, for flood hazard insurance. An agent for The Federal Flood Insurance Program should be contacted to determine the actual need for Flood Hazard Insurance. Legality of Use The report is based on the premise that there is full compliance with all applicable federal, state and local environmental regulations and laws unless otherwise stated in the report; further, that all applicable zoning, building and use regulations, and restrictions of all types have been complied with unless otherwise stated in the report. Further, it is assumed that all required licenses, consents, permits, or other legislative or administrative authority, local, state, federal and/or private entity or organization have been or may be obtained or renewed for any use considered in the value estimate. Component Values The distribution of the total valuation in this report between land and improvements applies only under the existing program of utilization. The separate valuations for land and building must not be used in conjunction with any other report and are invalid if so used. Auxiliary and Related Studies No environmental or impact studies, special market study or analysis, highest and best use analysis, study or feasibility study has been required or made unless otherwise specified in an agreement for services or in the report. Dollar Values, Purchasing Power The market value estimated and the costs used are as of the date of the estimate of value, unless otherwise indicated. All dollar amounts are based on the purchasing power and price of the dollar as of the date of the value estimate. Inclusions Furnishings and equipment or personal property or business operations, except as specifically indicated and typically considered as a part of real estate, have been disregarded with only the real estate being considered in the value estimate, unless otherwise stated. In some property types, business and real estate interests and values are combined. Board of Commissioners - February 6, 2023 ITEM: 13- 9 - 36 IMPACT STUDY PLANTATION ROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 38 of 41 (NH-003) MPB REAL ESTATE, LLC Proposed Improvements, Special Value Improvements proposed, if any, onsite or offsite, as well as any repairs required, are considered for purposes of this report to be completed in a timely, good and workmanlike manner, according to information submitted and/or considered by MPB REAL ESTATE, LLC. In cases of proposed construction, the report is subject to change upon inspection of property after construction is completed. Value Change, Dynamic Market, Influences, Alteration of Estimate The estimated value, which is defined in the report, is subject to change with market changes over time. Value is highly related to exposure, time, promotional effort, terms, motivation, and conditions surrounding the offering. The value estimate considers the productivity and relative attractiveness of the property physically and economically in the marketplace. In cases of reports involving the capitalization of income benefits, the estimate of market value or investment value or value in use is a reflection of such benefits and MPB REAL ESTATE, LLC' interpretation of income and yields and other factors derived from general and specific client and market information. Such estimates are as of the date of the estimate of value; thus, they are subject to change as the market and value is naturally dynamic. The “estimate of market value” in the report is not based in whole or in part upon the race, color, or national origin of the present owners or occupants of the properties in the vicinity of the property appraised. Report and Value Estimate Report and value estimate are subject to change if physical or legal entity or financing differ from that envisioned in this report. Management of the Property It is assumed that the property which is the subject of this report will be under prudent and competent ownership and management. Hazardous Materials Unless otherwise stated in this report, the existence of hazardous substances, including without limitation, asbestos, polychlorinated biphenyls, petroleum leakage, or agricultural chemicals, which may or may not be present on the property, or other environmental conditions, were not called to the attention of nor did MPB REAL ESTATE, LLC become aware of such during their inspection. MPB REAL ESTATE, LLC had no knowledge of the existence of such materials on or in the property unless otherwise stated. MPB REAL ESTATE, LLC, however, is not qualified to test such substances or conditions. If the presence of such substances such as asbestos, urea formaldehyde foam insulation, or other hazardous substances or environmental conditions, may affect the value of the property, the value estimate is predicated on the assumption that there is no such condition on or in the property or in the proximity that it would cause a loss in value. No responsibility is assumed for any such conditions, nor for any expertise or engineering knowledge required to discover them. Soil and Subsoil Conditions Unless otherwise stated in this report, MPB REAL ESTATE, LLC does not warrant the soil or subsoil conditions for toxic or hazardous waste materials. Where any suspected materials might Board of Commissioners - February 6, 2023 ITEM: 13- 9 - 37 IMPACT STUDY PLANTATION ROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 39 of 41 (NH-003) MPB REAL ESTATE, LLC be present, we have indicated in the report; however, MPB REAL ESTATE, LLC are not experts in this field and recommend appropriate engineering studies to monitor the presence or absence of these materials. Americans with Disabilities Act (ADA) “MPB REAL ESTATE, LLC has not made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the Americans with Disabilities Act (ADA), which became effective January 26, 1992. It is possible that a compliance survey of the property together with a detailed analysis of the requirements of the ADA could reveal that the property is not in compliance with one or more of the requirements of the Act. If so, this fact could have a negative effect upon the value of the property. Since MPB REAL ESTATE, LLC has no direct evidence relating to this issue, we did not consider possible non-compliance with the requirements of ADA in estimating the value of the property.” Board of Commissioners - February 6, 2023 ITEM: 13- 9 - 38 IMPACT STUDY PLANTATION ROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 40 of 41 (NH-003) MPB REAL ESTATE, LLC Qualifications of the Analyst Board of Commissioners - February 6, 2023 ITEM: 13- 9 - 39 IMPACT STUDY PLANTATION ROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 41 of 41 (NH-003) MPB REAL ESTATE, LLC QUALIFICATIONS OF THE ANALYST Michael P. Berkowitz MPB Real Estate, LLC, Inc. 1100 Sundance Drive Concord, North Carolina 28027 (704) 605-0595 EDUCATION AND CREDENTIALS Duke University Major: Economics 1985-1989 Central Piedmont Community College R-1 - Introduction to Real Estate Appraisal, 2002 R-2 - Valuation Principles and Procedures, 2002 R-3 - Applied Residential Property Valuation, 2002 G-1 - Introduction to Income Property Appraisal, 2003 Bob Ipock and Associates G-2 - Advanced Income Capitalization Procedures, 2003 G-3 - Applied Property Income Valuation 2004 Appraisal Institute 520 Highest and Best Use and Market Analysis, 2004 Seminar Rates, Multipliers and Ratios 2005 530 Advanced Sales Comparison and Cost Approaches 2006 Seminar Apartment Appraisal, Concepts & Applications 2009 Seminar Appraising Distresses Commercial Real Estate 2009 Seminar Appraising Convenience Stores 2011 Seminar Analyzing Operating Expenses 2011 AFFILIATIONS AND ACTIVITIES Association Memberships North Carolina State Certified General Real Estate Appraiser, October 2006, Certificate No. A6169 RELATED EXPERIENCE Provided real estate consulting services for a variety of clients including real estate brokers, property owners and financial planners Performed financial feasibility studies for multiple property types including golf communities, and renovation projects. Developed plan for self-contained communities. Race Track expertise Board of Commissioners - February 6, 2023 ITEM: 13- 9 - 40 IMPACT STUDY PLANTATION ROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 42 of 41 (NH-003) MPB REAL ESTATE, LLC APPRAISAL EXPERIENCE A partial list of types of properties appraised include: Retail Properties, Single and Multi-Tenant, Proposed and Existing Office Single and Multi-Tenant Proposed and Existing Mixed-Use Properties, Proposed and Existing Industrial Properties, Warehouse, Flex and Manufacturing Vacant Land Condemnation C-Stores Race Tracks CLIENTELE Bank of America Transylvania County Cabarrus County Mecklenburg County City of Statesville NC Department of Transportation Henry County, GA Town of Loudon, NH First Citizens Bank City of Charlotte City of Concord Union County BB & T Aegon USA Realty Advisors Sun Trust Bank First Charter Bank Regions Bank Charlotte Housing Authority Alliance Bank and Trust Broadway Bank Duke Energy Corporation Jim R. Funderburk, PLLC Hamilton, Fay, Moon, Stephens, Steele & Martin Senator Marshall A. Rauch Perry, Bundy, Plyler & Long, LLP Robinson, Bradshaw & Hinson CSX Real Property Baucom, Clayton, Burton, Morgan & Wood, PA City of Mount Holly Our Towns Habitat for Humanity Parker, Poe, Adams & Bernstein, LLP Central Carolina Bank Southern Community Bank and Trust Board of Commissioners - February 6, 2023 ITEM: 13- 9 - 41 Concept Plan Board of Commissioners - February 6, 2023 ITEM: 13- 10 - 1 T-1 TITLE SHEET SKYWAY SITE ID: NC-08899 SKYWAY SITE NAME: MURRAYVILLE PLANTATION ROAD WILMINGTON, NC 28409 NEW HANOVER COUNTY 3637 MACADALA LANE TAMPA, FL 33618 (813) 960-6200 6095 MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD 21075 (410) 712-7092 TKK ENGINEERING P.C. LICENCE NO. C-4682 EN G I N E E R DE S I G N R E C O R D PR O F E S S I O N A L S T A M P SI T E I N F O R M A T I O N SH E E T T I T L E SH E E T N U M B E R REVISIONS DESCRIPTIONDATEREV BY EN G I N E E R AP P L I C A N T 0 09/30/22 CONSTRUCTION DRAWINGS OP 6095 MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD 21075 (410) 712-7092 TKK ENGINEERING P.C. LICENCE NO. C-4682 BRADLEY R. NEWMAN, P.E. NC PROFESSIONAL ENGINEER LIC. #38681 1 10/17/22 REVISED CDs OP 2 11/08/22 REVISED CDs OP SITE VICINITY MAP DIRECTIONS APPLICANT: PROJECT MANAGEMENT FIRM: ENGINEERING FIRM: SKYWAY TOWERS 3637 MADACA LANE TAMPA, FL 33618 (813) 960-6200 SKYWAY TOWERS 3637 MADACA LANE TAMPA, FL 33618 (813) 960-6200 TKK ENGINEERING SERVICES, LLC 6095 MARSHALEE DR, SUITE 300 ELKRIDGE, MD 21075 (410) 712-7092 PROJECT TEAM SITE INFORMATION SITE ADDRESS: TOWER CENTER LATITUDE (NAD 83): LONGITUDE (NAD 83): GROUND ELEVATION: JURISDICTION: ZONING: PARCEL ID: PARCEL AREA: CURRENT USE: PROPOSED DISTURBED AREA: PROPOSED IMPERVIOUS AREA: PARCEL OWNER: TOWER OWNER: STRUCTURE TYPE: STRUCTURE HEIGHT: CLASSIFICATION GROUP: CONSTRUCTION TYPE: POWER SUPPLIER: (911 ADDRESS TBD) PLANTATION ROAD WILMINGTON, NC 28409 34° 18' 11.6634" N 77° 49' 27.0943" W 42.0' AMSL NEW HANOVER COUNTY R-15 RESIDENTIAL DISTRICT R02800-004-012-001 4.28 ACRES VACANT 22,460 SQ.FT. 7,600 SQ.FT. PARKER KENNETH R SR ELOISE T WILMINGTON, NC 28409 SKYWAY TOWERS 3637 MADACA LANE TAMPA, FL 33618 MONOPINE 195'-0" (AGL) (TOP OF TOWER) 199'-0" (AGL) (HIGHEST POINT) U 2B DUKE ENERGY PROGRESS CONTACT: TBD PHONE: TBD WORK ORDER # TBD THESE DRAWINGS ARE FORMATTED TO BE FULL-SIZE AT 24"X36". CONTRACTOR SHALL VERIFY ALL PLANS AND EXISTING DIMENSIONS AND CONDITIONS ON THE JOB SITE AND SHALL IMMEDIATELY NOTIFY THE DESIGNER / ENGINEER IN WRITING OF ANY DISCREPANCIES BEFORE PROCEEDING WITH THE WORK OR MATERIAL ORDERS OR BE RESPONSIBLE FOR THE SAME. CONTRACTOR SHALL USE BEST MANAGEMENT PRACTICE TO PREVENT STORM WATER POLLUTION DURING CONSTRUCTION. DRAWING INDEX DO NOT SCALE DRAWINGS PROJECT NARRATIVE SKYWAY TOWERS PLANS TO BUILD A NEW WIRELESS TELECOMMUNICATIONS FACILITY WHICH WILL INCLUDE A NEW MONOPINE TOWER AND FENCED COMPOUND AS DEFINED ON THIS PLAN SET. THE TOWER WILL BE DESIGNED WITH AVAILABLE SPACE ON THE TOWER AND GROUND FOR (4) TENANTS /COLLOCATORS. T-1 EE-1 EE-2 Z-1 Z-2 Z-3 C-1 C-2 L-1 S-1 S-2 S-3 E-1 E-2 E-3 G-1 G-2 ES-1 ES-2 ES-3 ES-4 ES-5 ES-6 TITLE SHEET SURVEY DOCUMENT SURVEY DOCUMENT OVERALL SITE PLAN SITE PLAN AERIAL PLAN COMPOUND PLAN TOWER ELEVATION LANDSCAPING PLAN FENCE & SITE SIGNAGE DETAILS ACCESS DRIVE GATE DETAILS CONSTRUCTION DETAILS & NOTES OVERALL ELECTRICAL PLAN COMPOUND ELECTRICAL PLAN ELECTRICAL DETAILS GROUNDING PLAN & NOTES GROUNDING DETAILS GRADING, EROSION & SEDIMENT CONTROL PLAN COMPOUND GRADING PROFILE ACCESS DRIVE GRADING PROFILE EROSION & SEDIMENT CONTROL NOTES EROSION & SEDIMENT CONTROL DETAILS EROSION & SEDIMENT CONTROL DETAILS CODE COMPLIANCE ALL WORK AND MATERIALS SHALL BE PERFORMED AND INSTALLED IN ACCORDANCE WITH THE CURRENT EDITIONS OF THE FOLLOWING CODES AS ADOPTED BY THE LOCAL GOVERNING AUTHORITIES. NOTHING IN THESE PLANS IS TO BE CONSTRUED TO PERMIT WORK NOT CONFORMING TO THE LATEST EDITIONS OF THE FOLLOWING CODES. ·ANSI/TIA-222-G ·TIA 607 ·INSTITUTE FOR ELECTRICAL & ELECTRONICS ENGINEER 81 ·IEEE C2 NATIONAL ELECTRIC SAFETY CODE LATEST ED. ·TELECORDIA GR-1275 ·ANSI/T 311 ·2018 NORTH CAROLINA BUILDING CODE ·2017 NATIONAL ELECTRICAL CODE ·2015 NFPA 101, LIFE SAFETY CODE ·2018 NC FIRE PREVENTION CODE ·AMERICAN CONCRETE INSTITUTE ·AMERICAN INSTITUTE OF STEEL CONSTRUCTION ·MANUAL OF STEEL CONSTRUCTION 13TH EDITION PLANTATION ROAD WILMINGTON, NC 28409 NEW HANOVER COUNTY Know what's below. Call before you dig. R SKYWAY SITE ID: NC-08899 SKYWAY SITE NAME: MURRAYVILLE FROM WILMINGTON, NC: GET ON I-40 W (SIGNS FOR I-140/NC-140/RALEIGH/JACKSONVILLE), TAKE EXIT 420B TO MERGE ONTO NC-132 N/US-117 N/N COLLEGE RD, TURN RIGHT ONTO MURRAYVILLE RD, TURN RIGHT ONTO PLANTATION RD, DESTINATION WILL BE ON THE RIGHT. Board of Commissioners - February 6, 2023 ITEM: 13- 11 - 1 Board of Commissioners - February 6, 2023 ITEM: 13- 11 - 2 Board of Commissioners - February 6, 2023 ITEM: 13- 11 - 3 OE OE OE OE OE OE OE OE OE OE OE OE OE OE OE OE OE OE OE OE OE X X X PLANTATION ROAD H I G H W A Y R A M P ( U N D E R C O N S T R U C T I O N ) H I G H W A Y ( U N D E R C O N S T R U C T I O N ) Z-1 OVERALL SITE PLAN NOTES: 1) ALL SETBACKS SHOWN ARE FROM EXISTING TOWER CENTER TO EXISTING PROPERTY LINES. SKYWAY SITE ID: NC-08899 SKYWAY SITE NAME: MURRAYVILLE PLANTATION ROAD WILMINGTON, NC 28409 NEW HANOVER COUNTY 3637 MACADALA LANE TAMPA, FL 33618 (813) 960-6200 6095 MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD 21075 (410) 712-7092 TKK ENGINEERING P.C. LICENCE NO. C-4682 EN G I N E E R DE S I G N R E C O R D PR O F E S S I O N A L S T A M P SI T E I N F O R M A T I O N SH E E T T I T L E SH E E T N U M B E R REVISIONS DESCRIPTIONDATEREV BY EN G I N E E R AP P L I C A N T 0 09/30/22 CONSTRUCTION DRAWINGS OP 6095 MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD 21075 (410) 712-7092 TKK ENGINEERING P.C. LICENCE NO. C-4682 BRADLEY R. NEWMAN, P.E. NC PROFESSIONAL ENGINEER LIC. #38681 1 10/17/22 REVISED CDs OP 2 11/08/22 REVISED CDs OP ZONING MAP SITE PROPERTY LINE - ABUTTERS PROPERTY LINE - SUBJECT PARCEL EXISTING WETLANDS EXISTING ROAD EXISTING EASEMENT LEGEND JURISDICTION: DIMENSION FRONT YARD SETBACK: SIDE YARD SETBACK: (ALL MEASUREMENTS ARE IN FEET ± UNLESS OTHERWISE NOTED) REQUIRED ± 199.0'± 199.0'± NEW HANOVER COUNTY ZONING: R-15 _ RESIDENTIAL DISTRICT LOT AREA: 4.28 ± ACRES ZONING INFORMATION REAR YARD SETBACK:199.0'± NEAREST RESIDENTIAL STRUCTURE:- EXISTING TREE LINE PROPOSED ± 270.0'± 212.0'± & 213.0'± 250.8'± 870.0'± GRAPHIC SCALE 050 25 50 100 200 1 INCH = 50 FEET (22X34) 1 INCH = 100 FEET (11X17) GRAPHIC SCALE SCALE: 1" = 50' (22X34) SCALE: 1" = 100' (11X17) 1 Z-1 OVERALL SITE PLAN X X X X PROPOSED EASEMENT PROPOSED LEASE AREA PROPOSED CHAIN-LINK FENCE (SEE NOTE 5 BELOW) (SETBACK INFORMATION BELOW IS BASED ON UDO SECTION 4.3.3(C)(1)(a)(1), SETBACKS FOR COMMUNICATION AND INFORMATION FACILITIES IN RESIDENTIAL DISTRICTS) (PER UDO SECTION 4.3.3(C)(1)(a)(1), MINIMUM SETBACK IN R-15 SHALL BE DISTANCE EQUAL TO HEIGHT OF THE WIRELESS FACILITY) Board of Commissioners - February 6, 2023 ITEM: 13- 11 - 4 OE OE OE OE OE OE OE OE OE OE OE OE OE OE OE OE OE OE OE OE OE OE OE OE OE OE OE XX X X X X PLANTATION ROAD H I G H W A Y R A M P ( U N D E R C O N S T R U C T I O N ) LOD LOD LOD LO D LO D L O D L O D L O D L O D L O D L O D LO D LODLOD L O D L O D L O D L O D L O D L O D LO D LO D LOD LOD L O D L O D LODLODLODLOD L O D L O D L O D L O D LOD LOD LOD LOD LOD LOD Z-2 SITE PLAN Know what's below. Call before you dig. R SKYWAY SITE ID: NC-08899 SKYWAY SITE NAME: MURRAYVILLE PLANTATION ROAD WILMINGTON, NC 28409 NEW HANOVER COUNTY 3637 MACADALA LANE TAMPA, FL 33618 (813) 960-6200 6095 MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD 21075 (410) 712-7092 TKK ENGINEERING P.C. LICENCE NO. C-4682 EN G I N E E R DE S I G N R E C O R D PR O F E S S I O N A L S T A M P SI T E I N F O R M A T I O N SH E E T T I T L E SH E E T N U M B E R REVISIONS DESCRIPTIONDATEREV BY EN G I N E E R AP P L I C A N T 0 09/30/22 CONSTRUCTION DRAWINGS OP 6095 MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD 21075 (410) 712-7092 TKK ENGINEERING P.C. LICENCE NO. C-4682 BRADLEY R. NEWMAN, P.E. NC PROFESSIONAL ENGINEER LIC. #38681 1 10/17/22 REVISED CDs OP 2 11/08/22 REVISED CDs OP GRAPHIC SCALE 030 15 30 60 120 1 INCH = 30 FEET (22X34) 1 INCH = 60 FEET (11X17) GRAPHIC SCALE SCALE: 1" = 30' (22X34) SCALE: 1" = 60' (11X17) 1 Z-2 SITE PLAN PROPERTY LINE - ABUTTERS PROPERTY LINE - SUBJECT PARCEL EXISTING WETLANDS EXISTING ROAD EXISTING EASEMENT LEGEND EXISTING TREE LINE X X X PROPOSED EASEMENT PROPOSED LEASE AREA PROPOSED CHAIN-LINK FENCE TEMPORARILY DISTURBED WETLANDSLO D LODLODLODLOD LO D LOD LOD LOD LOD PERMANENTLY DISTURBED WETLANDSLO D LODLODLODLOD LO D LOD LOD LOD LOD Board of Commissioners - February 6, 2023 ITEM: 13- 11 - 5 OEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOEOE OE OE OE OE OE OE XX X X X X PLANTATION ROAD H I G H W A Y R A M P ( U N D E R C O N S T R U C T I O N ) LOD LOD LOD LO D LO D L O D L O D L O D L O D L O D L O D LO D LODLOD L O D L O D L O D L O D L O D L O D LO D LO D LOD LOD L O D L O D LODLODLODLOD L O D L O D L O D L O D LOD LOD LOD LOD LOD LOD Z-3 AERIAL PLAN Know what's below. Call before you dig. R SKYWAY SITE ID: NC-08899 SKYWAY SITE NAME: MURRAYVILLE PLANTATION ROAD WILMINGTON, NC 28409 NEW HANOVER COUNTY 3637 MACADALA LANE TAMPA, FL 33618 (813) 960-6200 6095 MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD 21075 (410) 712-7092 TKK ENGINEERING P.C. LICENCE NO. C-4682 EN G I N E E R DE S I G N R E C O R D PR O F E S S I O N A L S T A M P SI T E I N F O R M A T I O N SH E E T T I T L E SH E E T N U M B E R REVISIONS DESCRIPTIONDATEREV BY EN G I N E E R AP P L I C A N T 0 09/30/22 CONSTRUCTION DRAWINGS OP 6095 MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD 21075 (410) 712-7092 TKK ENGINEERING P.C. LICENCE NO. C-4682 BRADLEY R. NEWMAN, P.E. NC PROFESSIONAL ENGINEER LIC. #38681 1 10/17/22 REVISED CDs OP 2 11/08/22 REVISED CDs OP GRAPHIC SCALE 030 15 30 60 120 1 INCH = 30 FEET (22X34) 1 INCH = 60 FEET (11X17) GRAPHIC SCALE SCALE: 1" = 30' (22X34) SCALE: 1" = 60' (11X17) 1 Z-3 AERIAL PLAN PROPERTY LINE - ABUTTERS PROPERTY LINE - SUBJECT PARCEL EXISTING WETLANDS EXISTING ROAD EXISTING EASEMENT LEGEND EXISTING TREE LINE X X X PROPOSED EASEMENT PROPOSED LEASE AREA PROPOSED CHAIN-LINK FENCE TEMPORARILY DISTURBED WETLANDSLO D LODLODLODLOD LO D LOD LOD LOD LOD PERMANENTLY DISTURBED WETLANDSLO D LODLODLODLOD LO D LOD LOD LOD LOD Board of Commissioners - February 6, 2023 ITEM: 13- 11 - 6 X X X X X X X XXXXXXXXXXXXXXX X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X C-1 COMPOUND PLAN Know what's below. Call before you dig. R SKYWAY SITE ID: NC-08899 SKYWAY SITE NAME: MURRAYVILLE PLANTATION ROAD WILMINGTON, NC 28409 NEW HANOVER COUNTY 3637 MACADALA LANE TAMPA, FL 33618 (813) 960-6200 6095 MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD 21075 (410) 712-7092 TKK ENGINEERING P.C. LICENCE NO. C-4682 EN G I N E E R DE S I G N R E C O R D PR O F E S S I O N A L S T A M P SI T E I N F O R M A T I O N SH E E T T I T L E SH E E T N U M B E R REVISIONS DESCRIPTIONDATEREV BY EN G I N E E R AP P L I C A N T 0 09/30/22 CONSTRUCTION DRAWINGS OP 6095 MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD 21075 (410) 712-7092 TKK ENGINEERING P.C. LICENCE NO. C-4682 BRADLEY R. NEWMAN, P.E. NC PROFESSIONAL ENGINEER LIC. #38681 1 10/17/22 REVISED CDs OP 2 11/08/22 REVISED CDs OP GRAPHIC SCALE 05 2.5 5 10 20 1 INCH = 5 FEET (22X34) 1 INCH = 10 FEET (11X17) GRAPHIC SCALE SCALE: 1" = 5' (22X34) SCALE: 1" = 10' (11X17) 1 C-1 COMPOUND PLAN Board of Commissioners - February 6, 2023 ITEM: 13- 11 - 7 C-2 TOWER ELEVATION SKYWAY SITE ID: NC-08899 SKYWAY SITE NAME: MURRAYVILLE PLANTATION ROAD WILMINGTON, NC 28409 NEW HANOVER COUNTY 3637 MACADALA LANE TAMPA, FL 33618 (813) 960-6200 6095 MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD 21075 (410) 712-7092 TKK ENGINEERING P.C. LICENCE NO. C-4682 EN G I N E E R DE S I G N R E C O R D PR O F E S S I O N A L S T A M P SI T E I N F O R M A T I O N SH E E T T I T L E SH E E T N U M B E R REVISIONS DESCRIPTIONDATEREV BY EN G I N E E R AP P L I C A N T 0 09/30/22 CONSTRUCTION DRAWINGS OP 6095 MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD 21075 (410) 712-7092 TKK ENGINEERING P.C. LICENCE NO. C-4682 BRADLEY R. NEWMAN, P.E. NC PROFESSIONAL ENGINEER LIC. #38681 1 10/17/22 REVISED CDs OP 2 11/08/22 REVISED CDs OP Know what's below. Call before you dig. R · · GRAPHIC SCALE 012 6 12 24 48 1 INCH = 12 FEET (22X34) 1 INCH = 24 FEET (11X17) GRAPHIC SCALE SCALE: 1" = 12' (22X34) SCALE: 1" = 24' (11X17) 1 C-2 TOWER ELEVATION Board of Commissioners - February 6, 2023 ITEM: 13- 11 - 8 X X XXXXXXX X X X X X X X X X X X X X X X X TREE PLANTING AND GUYING DETAIL NTS 2 L-1 L-1 LANDSCAPING PLAN Know what's below. Call before you dig. R SKYWAY SITE ID: NC-08899 SKYWAY SITE NAME: MURRAYVILLE PLANTATION ROAD WILMINGTON, NC 28409 NEW HANOVER COUNTY 3637 MACADALA LANE TAMPA, FL 33618 (813) 960-6200 6095 MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD 21075 (410) 712-7092 TKK ENGINEERING P.C. LICENCE NO. C-4682 EN G I N E E R DE S I G N R E C O R D PR O F E S S I O N A L S T A M P SI T E I N F O R M A T I O N SH E E T T I T L E SH E E T N U M B E R REVISIONS DESCRIPTIONDATEREV BY EN G I N E E R AP P L I C A N T 0 09/30/22 CONSTRUCTION DRAWINGS OP 6095 MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD 21075 (410) 712-7092 TKK ENGINEERING P.C. LICENCE NO. C-4682 BRADLEY R. NEWMAN, P.E. NC PROFESSIONAL ENGINEER LIC. #38681 1 10/17/22 REVISED CDs OP 2 11/08/22 REVISED CDs OP GRAPHIC SCALE 05 2.5 5 10 20 1 INCH = 5 FEET (22X34) 1 INCH = 10 FEET (11X17) GRAPHIC SCALE SCALE: 1" = 5' (22X34) SCALE: 1" = 10' (11X17) 1 L-1 LANDSCAPING PLAN PLANTING SCHEDULE BETULA NIGRA - RIVER BIRCH QUANTITY BOTANICAL - COMMON NAME PLANTING HEIGHT 6' LANDSCAPE NOTES: 23 MATURE HEIGHT 40' ILEX VERTICILLATA - COMMON WINTERBERRY 2'32 5' Board of Commissioners - February 6, 2023 ITEM: 13- 11 - 9 TYPICAL SIGNS AND SPECIFICATIONS NTS 5 S-1 SKYWAY - SITE ID SIGN NOTICE NOTICE-RFE SIGN 24"HIGHx24" WIDE (OPERATIONS PROVIDED) SKYWAY SITE NAME: MURRAYVILLE SKYWAY SITE #: NC-08899 PLANTATION ROAD WILMINGTON, NC 28409 FOR LEASE INFORMATION CALL: 1-813-960-6211 24 HOUR EMERGENCY SERVICE CALL: 1-813-960-6211 FCC#: XXXXXXX 12"HIGHx18" WIDE (OPERATIONS PROVIDED) 1 2 MUSHROOM STOP DETAIL NTS 3 S-1 GATE KEEPER DETAIL NTS 4 S-1 TYPICAL FENCE AND GATE DETAIL NTS 1 S-1 OUTS I D E O F COMP O U N D S-1 FENCE & SITE SIGNAGE DETAILS SKYWAY SITE ID: NC-08899 SKYWAY SITE NAME: MURRAYVILLE PLANTATION ROAD WILMINGTON, NC 28409 NEW HANOVER COUNTY 3637 MACADALA LANE TAMPA, FL 33618 (813) 960-6200 6095 MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD 21075 (410) 712-7092 TKK ENGINEERING P.C. LICENCE NO. C-4682 EN G I N E E R DE S I G N R E C O R D PR O F E S S I O N A L S T A M P SI T E I N F O R M A T I O N SH E E T T I T L E SH E E T N U M B E R REVISIONS DESCRIPTIONDATEREV BY EN G I N E E R AP P L I C A N T 0 09/30/22 CONSTRUCTION DRAWINGS OP 6095 MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD 21075 (410) 712-7092 TKK ENGINEERING P.C. LICENCE NO. C-4682 BRADLEY R. NEWMAN, P.E. NC PROFESSIONAL ENGINEER LIC. #38681 1 10/17/22 REVISED CDs OP 2 11/08/22 REVISED CDs OP MULTI-LOCK DETAIL NTS 2 S-1 Board of Commissioners - February 6, 2023 ITEM: 13- 11 - 10 ACCESS DRIVE GATE DETAIL NTS 1 S-2 GATE KEEPER DETAIL NTS 2 S-2 PL A N T A T I O N R O A D SKYWAY SITE ID: NC-08899 SKYWAY SITE NAME: MURRAYVILLE PLANTATION ROAD WILMINGTON, NC 28409 NEW HANOVER COUNTY 3637 MACADALA LANE TAMPA, FL 33618 (813) 960-6200 6095 MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD 21075 (410) 712-7092 TKK ENGINEERING P.C. LICENCE NO. C-4682 EN G I N E E R DE S I G N R E C O R D PR O F E S S I O N A L S T A M P SI T E I N F O R M A T I O N SH E E T T I T L E SH E E T N U M B E R REVISIONS DESCRIPTIONDATEREV BY EN G I N E E R AP P L I C A N T 0 09/30/22 CONSTRUCTION DRAWINGS OP 6095 MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD 21075 (410) 712-7092 TKK ENGINEERING P.C. LICENCE NO. C-4682 BRADLEY R. NEWMAN, P.E. NC PROFESSIONAL ENGINEER LIC. #38681 1 10/17/22 REVISED CDs OP 2 11/08/22 REVISED CDs OP Know what's below. Call before you dig. R GRAPHIC SCALE 010 5 10 20 40 1 INCH = 10 FEET (22X34) 1 INCH = 20 FEET (11X17) GRAPHIC SCALE SCALE: 1" = 10' (22X34) SCALE: 1" = 20' (11X17) 3 S-2 ACCESS DRIVE ENTRANCE PLAN S-2 ACCESS DRIVE GATE DETAILS Board of Commissioners - February 6, 2023 ITEM: 13- 11 - 11 X X GRAVEL COMPOUND DETAIL NTS 3 S-3 PROPOSED GRAVEL DRIVEWAY TYPICAL SECTION NTS 2 S-3 HANDHOLE DETAIL NTS 1 S-3 S-3 CONSTRUCTION DETAILS SKYWAY SITE ID: NC-08899 SKYWAY SITE NAME: MURRAYVILLE PLANTATION ROAD WILMINGTON, NC 28409 NEW HANOVER COUNTY 3637 MACADALA LANE TAMPA, FL 33618 (813) 960-6200 6095 MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD 21075 (410) 712-7092 TKK ENGINEERING P.C. LICENCE NO. C-4682 EN G I N E E R DE S I G N R E C O R D PR O F E S S I O N A L S T A M P SI T E I N F O R M A T I O N SH E E T T I T L E SH E E T N U M B E R REVISIONS DESCRIPTIONDATEREV BY EN G I N E E R AP P L I C A N T 0 09/30/22 CONSTRUCTION DRAWINGS OP 6095 MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD 21075 (410) 712-7092 TKK ENGINEERING P.C. LICENCE NO. C-4682 BRADLEY R. NEWMAN, P.E. NC PROFESSIONAL ENGINEER LIC. #38681 1 10/17/22 REVISED CDs OP 2 11/08/22 REVISED CDs OP Board of Commissioners - February 6, 2023 ITEM: 13- 11 - 12 PLANTATION ROAD H I G H W A Y R A M P ( U N D E R C O N S T R U C T I O N ) UE UE UE UE UE UE UE U E UE UE U E U E UT UT UT UT UT UT UT UT UT U T UT UT UT UT UT UT UT UT UT U T UT U T U T UT OE E-1 OVERALL ELECTRICAL PLAN SKYWAY SITE ID: NC-08899 SKYWAY SITE NAME: MURRAYVILLE PLANTATION ROAD WILMINGTON, NC 28409 NEW HANOVER COUNTY 3637 MACADALA LANE TAMPA, FL 33618 (813) 960-6200 6095 MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD 21075 (410) 712-7092 TKK ENGINEERING P.C. LICENCE NO. C-4682 EN G I N E E R DE S I G N R E C O R D PR O F E S S I O N A L S T A M P SI T E I N F O R M A T I O N SH E E T T I T L E SH E E T N U M B E R REVISIONS DESCRIPTIONDATEREV BY EN G I N E E R AP P L I C A N T 0 09/30/22 CONSTRUCTION DRAWINGS OP 6095 MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD 21075 (410) 712-7092 TKK ENGINEERING P.C. LICENCE NO. C-4682 BRADLEY R. NEWMAN, P.E. NC PROFESSIONAL ENGINEER LIC. #38681 1 10/17/22 REVISED CDs OP 2 11/08/22 REVISED CDs OP GRAPHIC SCALE 030 15 30 60 120 1 INCH = 30 FEET (22X34) 1 INCH = 60 FEET (11X17) GRAPHIC SCALE SCALE: 1" = 30' (22X34) SCALE: 1" = 60' (11X17) 1 E-1 OVERALL ELECTRICAL PLAN Know what's below. Call before you dig. R Board of Commissioners - February 6, 2023 ITEM: 13- 11 - 13 UTUT UE UE UE UE E-2 COMPOUND ELECTRICAL PLAN SKYWAY SITE ID: NC-08899 SKYWAY SITE NAME: MURRAYVILLE PLANTATION ROAD WILMINGTON, NC 28409 NEW HANOVER COUNTY 3637 MACADALA LANE TAMPA, FL 33618 (813) 960-6200 6095 MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD 21075 (410) 712-7092 TKK ENGINEERING P.C. LICENCE NO. C-4682 EN G I N E E R DE S I G N R E C O R D PR O F E S S I O N A L S T A M P SI T E I N F O R M A T I O N SH E E T T I T L E SH E E T N U M B E R REVISIONS DESCRIPTIONDATEREV BY EN G I N E E R AP P L I C A N T 0 09/30/22 CONSTRUCTION DRAWINGS OP 6095 MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD 21075 (410) 712-7092 TKK ENGINEERING P.C. LICENCE NO. C-4682 BRADLEY R. NEWMAN, P.E. NC PROFESSIONAL ENGINEER LIC. #38681 1 10/17/22 REVISED CDs OP 2 11/08/22 REVISED CDs OP GRAPHIC SCALE 010 5 10 20 40 1 INCH = 10 FEET (22X34) 1 INCH = 20 FEET (11X17) GRAPHIC SCALE SCALE: 1" = 10' (22X34) SCALE: 1" = 20' (11X17) 1 E-2 OVERALL ELECTRICAL PLAN Know what's below. Call before you dig. R Know what's below. Call before you dig. R Board of Commissioners - February 6, 2023 ITEM: 13- 11 - 14 UTILITY H-FRAME FRONT VIEW NTS 1 E-3 UTILITY H-FRAME REAR VIEW NTS 2 E-3 TYPICAL TRENCH DETAIL NTS 3 E-3 PROPOSED STUB-UP DETAIL NTS 4 E-3 E-3 ELECTRICAL DETAILS SKYWAY SITE ID: NC-08899 SKYWAY SITE NAME: MURRAYVILLE PLANTATION ROAD WILMINGTON, NC 28409 NEW HANOVER COUNTY 3637 MACADALA LANE TAMPA, FL 33618 (813) 960-6200 6095 MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD 21075 (410) 712-7092 TKK ENGINEERING P.C. LICENCE NO. C-4682 EN G I N E E R DE S I G N R E C O R D PR O F E S S I O N A L S T A M P SI T E I N F O R M A T I O N SH E E T T I T L E SH E E T N U M B E R REVISIONS DESCRIPTIONDATEREV BY EN G I N E E R AP P L I C A N T 0 09/30/22 CONSTRUCTION DRAWINGS OP 6095 MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD 21075 (410) 712-7092 TKK ENGINEERING P.C. LICENCE NO. C-4682 BRADLEY R. NEWMAN, P.E. NC PROFESSIONAL ENGINEER LIC. #38681 1 10/17/22 REVISED CDs OP 2 11/08/22 REVISED CDs OP Board of Commissioners - February 6, 2023 ITEM: 13- 11 - 15 G-1 GROUNDING PLAN & NOTES SKYWAY SITE ID: NC-08899 SKYWAY SITE NAME: MURRAYVILLE PLANTATION ROAD WILMINGTON, NC 28409 NEW HANOVER COUNTY 3637 MACADALA LANE TAMPA, FL 33618 (813) 960-6200 6095 MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD 21075 (410) 712-7092 TKK ENGINEERING P.C. LICENCE NO. C-4682 EN G I N E E R DE S I G N R E C O R D PR O F E S S I O N A L S T A M P SI T E I N F O R M A T I O N SH E E T T I T L E SH E E T N U M B E R REVISIONS DESCRIPTIONDATEREV BY EN G I N E E R AP P L I C A N T 0 09/30/22 CONSTRUCTION DRAWINGS OP 6095 MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD 21075 (410) 712-7092 TKK ENGINEERING P.C. LICENCE NO. C-4682 BRADLEY R. NEWMAN, P.E. NC PROFESSIONAL ENGINEER LIC. #38681 1 10/17/22 REVISED CDs OP 2 11/08/22 REVISED CDs OP GRAPHIC SCALE 05 2.5 5 10 20 1 INCH = 5 FEET (22X34) 1 INCH = 10 FEET (11X17) GRAPHIC SCALE SCALE: 1" = 5' (22X34) SCALE: 1" = 10' (11X17) 1 G-1 COMPOUND GROUNDING PLAN Know what's below. Call before you dig. R GROUNDING LEGEND Board of Commissioners - February 6, 2023 ITEM: 13- 11 - 16 GROUNDING RISER DIAGRAM NTS 1 G-2 INSPECTION WELL DETAIL NTS 5 G-2 GROUND BAR DETAIL NTS 3 G-2 CADWELD GROUNDING CONNECTION DETAILS NTS 6 G-2 TYPICAL GROUND BAR CONN DETAIL NTS 2 G-2 TYPICAL GROUND ROD DETAIL NTS 4 G-2 G-2 GROUNDING DETAILS SKYWAY SITE ID: NC-08899 SKYWAY SITE NAME: MURRAYVILLE PLANTATION ROAD WILMINGTON, NC 28409 NEW HANOVER COUNTY 3637 MACADALA LANE TAMPA, FL 33618 (813) 960-6200 6095 MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD 21075 (410) 712-7092 TKK ENGINEERING P.C. LICENCE NO. C-4682 EN G I N E E R DE S I G N R E C O R D PR O F E S S I O N A L S T A M P SI T E I N F O R M A T I O N SH E E T T I T L E SH E E T N U M B E R REVISIONS DESCRIPTIONDATEREV BY EN G I N E E R AP P L I C A N T 0 09/30/22 CONSTRUCTION DRAWINGS OP 6095 MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD 21075 (410) 712-7092 TKK ENGINEERING P.C. LICENCE NO. C-4682 BRADLEY R. NEWMAN, P.E. NC PROFESSIONAL ENGINEER LIC. #38681 1 10/17/22 REVISED CDs OP 2 11/08/22 REVISED CDs OP Board of Commissioners - February 6, 2023 ITEM: 13- 11 - 17 PLANTATION ROAD H I G H W A Y R A M P ( U N D E R C O N S T R U C T I O N ) Mu Le ES-2 1 LOD LOD LOD LO D LO D L O D L O D L O D L O D L O D L O D LO D LODLOD L O D L O D L O D L O D L O D L O D LO D LO D LOD LOD L O D L O D LODLODLODLOD L O D L O D L O D L O D LOD LOD LOD LOD LOD LOD S F S F S F S F S F S F S F SF SF SF SFS F S F SFSFSFSFSF S F S F S F SF SF SF SF SF SF SF SF SF SF SF SF S F S F S F S F S F S F SF ES-1 EROSION & SEDIMENT CONTROL PLAN SKYWAY SITE ID: NC-08899 SKYWAY SITE NAME: MURRAYVILLE PLANTATION ROAD WILMINGTON, NC 28409 NEW HANOVER COUNTY 3637 MACADALA LANE TAMPA, FL 33618 (813) 960-6200 6095 MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD 21075 (410) 712-7092 TKK ENGINEERING P.C. LICENCE NO. C-4682 EN G I N E E R DE S I G N R E C O R D PR O F E S S I O N A L S T A M P SI T E I N F O R M A T I O N SH E E T T I T L E SH E E T N U M B E R REVISIONS DESCRIPTIONDATEREV BY EN G I N E E R AP P L I C A N T 0 09/30/22 CONSTRUCTION DRAWINGS OP 6095 MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD 21075 (410) 712-7092 TKK ENGINEERING P.C. LICENCE NO. C-4682 BRADLEY R. NEWMAN, P.E. NC PROFESSIONAL ENGINEER LIC. #38681 1 10/17/22 REVISED CDs OP 2 11/08/22 REVISED CDs OP GRAPHIC SCALE 030 15 30 60 120 1 INCH = 30 FEET (22X34) 1 INCH = 60 FEET (11X17) GRAPHIC SCALE SCALE: 1" = 30' (22X34) SCALE: 1" = 60' (11X17) 1 ES-1 EROSION & SEDIMENT CONTROL PLAN VICINITY MAP SITE Know what's below. Call before you dig. R LEGEND EXISTING CONTOUR LINE PROPERTY LINE - SUBJECT PARCEL LOD LOD PROPOSED LIMITS OF DISTURBANCE PROPOSED CONTOUR LINE SF SF PROPOSED SILT FENCE X X X PROPOSED FENCE PROPOSED LEASE AREA EXISTING SOIL BOUNDARY · · · · · · · · · · · · · PROPOSED ACCESS EASEMENT PROPOSED CONSTRUCTION ENTRANCE EXISTING WETLANDS Board of Commissioners - February 6, 2023 ITEM: 13- 11 - 18 ES-2 COMPOUND GRADING PROFILE SKYWAY SITE ID: NC-08899 SKYWAY SITE NAME: MURRAYVILLE PLANTATION ROAD WILMINGTON, NC 28409 NEW HANOVER COUNTY 3637 MACADALA LANE TAMPA, FL 33618 (813) 960-6200 6095 MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD 21075 (410) 712-7092 TKK ENGINEERING P.C. LICENCE NO. C-4682 EN G I N E E R DE S I G N R E C O R D PR O F E S S I O N A L S T A M P SI T E I N F O R M A T I O N SH E E T T I T L E SH E E T N U M B E R REVISIONS DESCRIPTIONDATEREV BY EN G I N E E R AP P L I C A N T 0 09/30/22 CONSTRUCTION DRAWINGS OP 6095 MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD 21075 (410) 712-7092 TKK ENGINEERING P.C. LICENCE NO. C-4682 BRADLEY R. NEWMAN, P.E. NC PROFESSIONAL ENGINEER LIC. #38681 1 10/17/22 REVISED CDs OP 2 11/08/22 REVISED CDs OP CUT(YD³) FILL(YD³)NET 0 0 44.5 44.5(FILL) 0 136.5 136.5(FILL) AREA 0 76.5 76.5(FILL) 0 120.0 120.0(FILL) CUT(YD³) FILL(YD³)NET ROAD COMPOUND OVERALL SITE CUT AND FILL ROAD COMPOUND MATERIAL SURFACE COARSE BASE COARSE SOIL SURFACE COARSE SOIL WETLAND SITE CUT AND FILL 44.5 44.5(FILL) SURFACE COARSE SURFACE COARSE BASE COARSE SOIL SOIL AREA 0 0 0 0 84.4 84.4(FILL) 30.0 251.6 251.6(FILL) 84.4 84.4(FILL) 76.5 76.5(FILL) 120.0 120.0(FILL) 2,718 0.062 AREA COMPOUND 2,704 0.062 ROAD GRAVEL PERMANENT WETLAND DISTURBED AREA (FT²) (ACRES) GROUND COVER (FT²) (ACRES) GROUND COVER GRAVEL GRADED/ SEEDED ALL 11,903 17,325 0.273 0.398 TEMPORARY WETLAND DISTURBED AREA STAGING AREA TOTAL AREA GRAPHIC SCALE 05 2.5 5 10 20 1 INCH = 5 FEET (22X34) 1 INCH = 10 FEET (11X17) GRAPHIC SCALE SCALE: 1" = 5' (22X34) SCALE: 1" = 10' (11X17) 1 ES-2 COMPOUND GRADING PROFILE · · · · GRAVEL 5,422 0.124COMBINED AREA Board of Commissioners - February 6, 2023 ITEM: 13- 11 - 19 ES-3 ACCESS ROAD PROFILE ACCESS ROAD PROFILE 1 ES-3 SKYWAY SITE ID: NC-08899 SKYWAY SITE NAME: MURRAYVILLE PLANTATION ROAD WILMINGTON, NC 28409 NEW HANOVER COUNTY 3637 MACADALA LANE TAMPA, FL 33618 (813) 960-6200 6095 MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD 21075 (410) 712-7092 TKK ENGINEERING P.C. LICENCE NO. C-4682 EN G I N E E R DE S I G N R E C O R D PR O F E S S I O N A L S T A M P SI T E I N F O R M A T I O N SH E E T T I T L E SH E E T N U M B E R REVISIONS DESCRIPTIONDATEREV BY EN G I N E E R AP P L I C A N T 0 09/30/22 CONSTRUCTION DRAWINGS OP 6095 MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD 21075 (410) 712-7092 TKK ENGINEERING P.C. LICENCE NO. C-4682 BRADLEY R. NEWMAN, P.E. NC PROFESSIONAL ENGINEER LIC. #38681 1 10/17/22 REVISED CDs OP 2 11/08/22 REVISED CDs OP ³³ ³³ OVERALL SITE CUT AND FILL WETLAND SITE CUT AND FILL PERMANENT WETLAND DISTURBED AREA TEMPORARY WETLAND DISTURBED AREA · · · · Board of Commissioners - February 6, 2023 ITEM: 13- 11 - 20 ES-4 EROSION & SEDIMENT CONTROL NOTES SKYWAY SITE ID: NC-08899 SKYWAY SITE NAME: MURRAYVILLE PLANTATION ROAD WILMINGTON, NC 28409 NEW HANOVER COUNTY 3637 MACADALA LANE TAMPA, FL 33618 (813) 960-6200 6095 MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD 21075 (410) 712-7092 TKK ENGINEERING P.C. LICENCE NO. C-4682 EN G I N E E R DE S I G N R E C O R D PR O F E S S I O N A L S T A M P SI T E I N F O R M A T I O N SH E E T T I T L E SH E E T N U M B E R REVISIONS DESCRIPTIONDATEREV BY EN G I N E E R AP P L I C A N T 0 09/30/22 CONSTRUCTION DRAWINGS OP 6095 MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD 21075 (410) 712-7092 TKK ENGINEERING P.C. LICENCE NO. C-4682 BRADLEY R. NEWMAN, P.E. NC PROFESSIONAL ENGINEER LIC. #38681 1 10/17/22 REVISED CDs OP 2 11/08/22 REVISED CDs OP Board of Commissioners - February 6, 2023 ITEM: 13- 11 - 21 TOPSOIL STOCKPILE AND MAINTENANCE NTS 3 ES-5 SF SUPER SILT FILTER FABRIC FENCE NTS 1 ES-5 PROPOSED TEMPORARY SEEDING (NCESCH 6.10.1) RECOMMENDATIONS FOR FALL 7 ES-5 PROPOSED TEMPORARY SEEDING (NCESCH 6.10.1) RECOMMENDATIONS FOR LATE WINTER TO EARLY SPRING 5 ES-5 PROPOSED TEMPORARY SEEDING (NCESCH 6.10.1) RECOMMENDATIONS FOR SUMMER 6 ES-5 CONCRETE WASHDOWN AREA DETAIL NTS 2 ES-5 TREE PROTECTION FENCE NTS 4 ES-5 TP ES-5 EROSION & SEDIMENT CONTROL DETAILS SKYWAY SITE ID: NC-08899 SKYWAY SITE NAME: MURRAYVILLE PLANTATION ROAD WILMINGTON, NC 28409 NEW HANOVER COUNTY 3637 MACADALA LANE TAMPA, FL 33618 (813) 960-6200 6095 MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD 21075 (410) 712-7092 TKK ENGINEERING P.C. LICENCE NO. C-4682 EN G I N E E R DE S I G N R E C O R D PR O F E S S I O N A L S T A M P SI T E I N F O R M A T I O N SH E E T T I T L E SH E E T N U M B E R REVISIONS DESCRIPTIONDATEREV BY EN G I N E E R AP P L I C A N T 0 09/30/22 CONSTRUCTION DRAWINGS OP 6095 MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD 21075 (410) 712-7092 TKK ENGINEERING P.C. LICENCE NO. C-4682 BRADLEY R. NEWMAN, P.E. NC PROFESSIONAL ENGINEER LIC. #38681 1 10/17/22 REVISED CDs OP 2 11/08/22 REVISED CDs OP Board of Commissioners - February 6, 2023 ITEM: 13- 11 - 22 ROCK CONSTRUCTION ENTRANCE NTS 1 ES-6 PROPOSED PERMANANT SEEDING (NCESCH 6.11.1) 2 ES-6 ES-6 EROSION & SEDIMENT CONTROL DETAILS SKYWAY SITE ID: NC-08899 SKYWAY SITE NAME: MURRAYVILLE PLANTATION ROAD WILMINGTON, NC 28409 NEW HANOVER COUNTY 3637 MACADALA LANE TAMPA, FL 33618 (813) 960-6200 6095 MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD 21075 (410) 712-7092 TKK ENGINEERING P.C. LICENCE NO. C-4682 EN G I N E E R DE S I G N R E C O R D PR O F E S S I O N A L S T A M P SI T E I N F O R M A T I O N SH E E T T I T L E SH E E T N U M B E R REVISIONS DESCRIPTIONDATEREV BY EN G I N E E R AP P L I C A N T 0 09/30/22 CONSTRUCTION DRAWINGS OP 6095 MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD 21075 (410) 712-7092 TKK ENGINEERING P.C. LICENCE NO. C-4682 BRADLEY R. NEWMAN, P.E. NC PROFESSIONAL ENGINEER LIC. #38681 1 10/17/22 REVISED CDs OP 2 11/08/22 REVISED CDs OP Board of Commissioners - February 6, 2023 ITEM: 13- 11 - 23 Farrell, Robert From:noreply@civicplus.com Sent:Wednesday, January 4, 2023 5:36 PM To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject:Online Form Submission #325 for Public Comment Form ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Public Comment Form Public Comment Form The agenda items listed are available for public comment at an upcoming Planning Board or Board of Commissioners meeting. Comments received by noon the day before the applicable meeting will be made available to the Board prior to that meeting and will be included as part of the permanent, public record for that meeting. First Name Donna Last Name Grady Address 3612 Needle Sound Way City Wilmington State NC Zip Code 28409 Email dgrealtygroup@yahoo.com Projects available for comment. PB-S22-03 - Plantation Rd What is the nature of your comment? Oppose project Public Comment I oppose the location of this tower on the corner of the service road and Plantation Rd. I believe that the applicant has not shown findings of fact to support UDO 10.3.5.D(3)(4). #3.The abutting land is owned by the landlord of the applicant see recorded lease attached so if that was one of the 500' residents notified that is a conflict. Did you notify Ray King Ranch 120? (4.) The location and character will not be in harmony with the area once development starts in Greenview Ranches (GR). The tower will be an eye sore coming off MCE once the traffic Board of Commissioners - February 6, 2023 ITEM: 13- 12 - 1 picks up with MCE opens. If the County is not planning on development and commercial zonings then why did they assign street addresses to landowners, why is there a sewer plant planned in GR, all these water wells, and Duke Power buying up easements for future development? The highest and best use for GR Ranch Pt. 111 and Pt. 118 is not a tower. (applicant's plat showing the cell tower ranch number is incorrect on their plans.) I am vested in New Hanover County by being born here decades ago, rearing my children here, involved in title searching over my adult life, candidate for Register of Deeds in 1999, and now being a Realtor in good standing with Cape Fear Realtor Association previously serving on the Government Affairs Committee. in 2006, an associate and I contacted 95% of all the landowners in GR. Most of the landowners have owned these 5+ acre tracts since the 1960's. What you may not know is that GR is a plotted recorded subdivision with 30' R/W on the North/South lines of each tract and a 10' Easement on the East/West lines. There are drainage ditches that have been in place since 60's. I currently have Ranches 124/134/144, 121, 258, 64, and 272 listed for sale on Plantation Rd. I am currently in negotiations with a developer for Ranches 124/134/144 and 64. He is waiting to see if the tower is approved before he finalizes negotiation. He is not happy about the tower and will not finish negotiations based on your decision. Again, this is not the right site in the best interest of New Hanover County. Please look on the New Hanover County GIS Map of this area and study all the landowners. I am not the only Realtor with listings in GR. In 2006, I had a surveyor tell me that GR is not wetlands but that the lands have been allowed to grow over such that the lands can not dry out. The surveyor is now deceased. These are the exact lands that Hanover Land Developers are being allowed to develop and the same lands that West Bay and all the Dallas Harris lands that were developed. Keep in mind that these are the last undeveloped lands in New Hanover County. Just a note: All the Focus Groups that NHC hired for lands studies have never stepped a foot in GR. Why are you allowing development on Sidbury Rd., development for Springwater Reserve Townhouses Hanover Reserve, Cameron Trace and not looking at having Plantation Rd. paved so that GR can be developed? Exactly who will be paving Crooked Pine Rd. and renaming it Murrayville Road Extension? As the Planning Board, these are good questions to be asking yourself. Thank you for your consideration on allowing a cell tower to be located in another area of GR but not on the corner of MCE service road and Plantation Road. Upload supporting files Board of Commissioners - February 6, 2023 ITEM: 13- 12 - 2 If you need to support your comment with documentation, upload the files here. No more than 20MB in size total for all files. File types accepted are: doc, docx, ppt, pptx, txt, pdf, jpg, png. File 1 Greenview Ranches map book 8 page 88.pdf File 2 Greenview Ranches Agreement of lease from Parker to Skyway Towers.pdf File 3 Field not completed. File 4 Field not completed. Email not displaying correctly? View it in your browser. Board of Commissioners - February 6, 2023 ITEM: 13- 12 - 3 Board of Commissioners - February 6, 2023 ITEM: 13- 12 - 4 Board of Commissioners - February 6, 2023 ITEM: 13- 12 - 5 Board of Commissioners - February 6, 2023 ITEM: 13- 12 - 6 Board of Commissioners - February 6, 2023 ITEM: 13- 12 - 7 Board of Commissioners - February 6, 2023 ITEM: 13- 12 - 8 Farrell, Robert From:noreply@civicplus.com Sent:Wednesday, January 4, 2023 9:37 PM To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject:Online Form Submission #331 for Public Comment Form ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Public Comment Form Public Comment Form The agenda items listed are available for public comment at an upcoming Planning Board or Board of Commissioners meeting. Comments received by noon the day before the applicable meeting will be made available to the Board prior to that meeting and will be included as part of the permanent, public record for that meeting. First Name Kim Last Name Jenkins Address PO Box 3844 City Wilmington State NC Zip Code 28406 Email Kjssaga@gmail.com Projects available for comment. PB-S22-03 - Plantation Rd What is the nature of your comment? Oppose project Public Comment The Property Value Impact Study is grossly insufficient. First of all, any monstrosity of a piece of equipment would impact the surrounding area that is slated for residential use negatively on esthetics alone. The fact that a lot of the land is currently wooded should not be a reason to say it won't be impacted. Individuals have invested in property in this area as I have with the expectation that this property will be very desirable in the coming months and years as there is limited building potential in New Hanover County. Now we are faced with the realization Board of Commissioners - February 6, 2023 ITEM: 13- 12 - 9 that this may no longer be the case as potential builders and future homeowners look past this area as an option due to this unsightly tower. The Study also allude to the fact that residential areas near other similar (well not really) towers do not seem to affect the value of homes. I beg to differ. New developments are being built all over New Hanover and none of them are in the price range shown as these located near towers. Cypress Village is $300k and below. If you look at new subdivisions being built, you will notice that this is cheap in comparison; I would say this is a definite impact on the value of properties located around the towers. Finally, and most importantly when asked about materially endangering the public health and safety, you say this is not your expertise. My response would be shouldn't it be or shouldn't you find someone who is an expert. Upload supporting files If you need to support your comment with documentation, upload the files here. No more than 20MB in size total for all files. File types accepted are: doc, docx, ppt, pptx, txt, pdf, jpg, png. File 1 Field not completed. File 2 Field not completed. File 3 Field not completed. File 4 Field not completed. Email not displaying correctly? View it in your browser. Board of Commissioners - February 6, 2023 ITEM: 13- 12 - 10 Farrell, Robert From:noreply@civicplus.com Sent:Monday, January 2, 2023 9:51 PM To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject:Online Form Submission #251 for Public Comment Form ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Public Comment Form Public Comment Form The agenda items listed are available for public comment at an upcoming Planning Board or Board of Commissioners meeting. Comments received by noon the day before the applicable meeting will be made available to the Board prior to that meeting and will be included as part of the permanent, public record for that meeting. First Name Charles and Karen Last Name Cobb Address 175 Hells Hollow Drive City Blue Ridge State GA Zip Code 30513 Email kdctarheel@gmail.com Projects available for comment. PB-S22-03 - Plantation Rd What is the nature of your comment? Oppose project Public Comment My wife, a Wilmington native, and I, and her sister and brother- in-law in Castle Hayne, NC oppose this project. We jointly own two adjacent tracts south of the proposed project. This project will devalue our 10 acres as well as other property in the area. Similar features are known to decrease property values as much as 20% as described in the article "Raise the Roof" published November 19, 2022 by The National Business Post (https://nationalbusinesspost.com/cell-towers-impact-home- values/). This economic impact not only affects current property Board of Commissioners - February 6, 2023 ITEM: 13- 12 - 11 owners, but also future property owners in the undeveloped area, as well as the current and future New Hanover County tax revenue which is based on property values. This also reduces the cost/benefit of the current investment in new roads and other infrastructure in the area. Finally, please note rules limiting public notice to adjacent property owners within 500 feet of the project, then placing the burden of broader notification on this limited pool, is inherently unfair and disenfranchises current and future property owners deprived of zoning protections by a special use permit. Please reject this application. Upload supporting files If you need to support your comment with documentation, upload the files here. No more than 20MB in size total for all files. File types accepted are: doc, docx, ppt, pptx, txt, pdf, jpg, png. File 1 Field not completed. File 2 Field not completed. File 3 Field not completed. File 4 Field not completed. Email not displaying correctly? View it in your browser. Board of Commissioners - February 6, 2023 ITEM: 13- 12 - 12