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Agenda 2023 03-06NEW HANOVER COUNTY Z07_1N9X91ace] 811► IRW[a]ill 1: 1CJ;�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 MARCH 6, 2023 4:00 PM STATE OF THE COUNTY ADDRESS (Chair Bill Rivenbark) BREAK (10 minutes) MEETI NG CALLED TO ORDER (Chair Bill Rivenbark) I NVOCATI ON (Pastor Gayle Tabor, SALT I nclusive Methodist Community) PLEDGE OF ALLEGIANCE (Commissioner Jonathan Barfield, Jr.) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Adoption of State Road Resolution 3. First Reading: Approval of Solid Waste Franchise for T&T Disposal LLC 4. Approval of January 2023 Tax Collections Reports 5. Adoption of Budget Amendment ESTIMATED MINUTES REGULAR AGENDA ITEMS OF BUSINESS 5 6. Consideration of National Nutrition Month Proclamation 5 7. Consideration of Resolution in Support of H.R. 524 45 8. Public Hearing Rezoning Request (Z22-23) — Request by Cindee Wolf with Design Solutions, applicant, on behalf of 6844 Bayat Land, LLC, property owner, to rezone two parcels totaling approximately 3.83 acres of land located at 6830 and 6844 Carolina Beach Road from R-15, Residential to 2.00 acres of (CZD) B-1, Neighborhood Business for a convenience store and 1.83 acres to (CZD) R-5, Moderate -High Density Residential for 12 single-family attached dwellings. 45 9. Public Hearing Rezoning Request (Z23-02) - Request by Samuel Franck with Ward and Smith P.A., applicant, on behalf of Swartville, LLC, property owners, to rezone two unaddressed parcels (Parcel I Ds R02500-002-030-000 and R02500-002-006- 000) totaling approximately 104 acres of land located between Castle Hayne Road and Blue Clay Road south of 1-140 from R-20, Residential to R-7, Residential Moderate Density. Board of Commissioners - March 6, 2023 45 10. Public Hearing Rezoning Request (Z23-04) — Request by James Yopp with River Road Construction, LLC, applicant and property owner, to rezone two parcels totaling approximately 13.94 acres of land located at 6900 Carolina Beach Road from R- 15, Residential and CZD 0&1, Office and Institutional to CZD RMF-L, Residential Multi -Family — Low Density and CZD B-2, Regional Business for a storage facility and 126 multi -family units. 45 11. Public Hearing Rezoning Request (Z23-05) — Request by Frank Chapman with Davie Construction Co., applicant, on behalf of Milton Turner Schaeffer, 111, property owner, to rezone the approximately 1.7 acre parcel located at 4629 Carolina Beach Road from (CZD) B-2, Regional Business to a new (CZD) B-2 district to convert an existing single-family home for office and veterinary services. 45 12. QUASI -JUDICIAL HEARING Special Use Permit Request (S22-03) — Request by Thomas Johnson, attorney on behalf of Skyway Towers, applicant, on behalf of Kenneth and Eloise Parker, property owners, to place a 195 foot tall, concealed monopole Wireless Communications Tower on one unaddressed parcel totaling approximately 4.98 acres of land located on Plantation Road at the intersection of Plantation Road and Military Cutoff Extension. This item was continued from the February 6, 2023 meeting. PUBLIC COMMENTS ON NON -AGENDA ITEMS (limit three minutes) ESTIMATED MINUTES ADDITIONAL AGENDA ITEMS OF BUSINESS 13. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 14. 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. Board of Commissioners - March 6, 2023 Core Values Professionalism - Equity- Integrity - Innovation - Stewardship - Accountability Board of Commissioners - March 6, 2023 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 3/6/2023 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 meetings: Agenda Review held on February 16, 2023 Special Meeting held on February 17, 2023 Closed Session held on February 17, 2023 Regular Meeting held on February 20, 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 - March 6, 2023 ITEM: 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 3/6/2023 Consent DEPARTMENT: Governing PRESENTER(S): Kym Crowell, Clerk to the Board and Rebekah Roth, Planning and Body Land Use Director CONTACT(S): Kym Crowell and Rebekah Roth SU BJ ECT: Adoption of State Road Resolution BRIEF SUMMARY: NCDOT is considering the addition of Stoneybrook Road and Bedrock Court within the Stoneybrook Subdivision (Division File No: 1295-N) as these roads meets the standards and criteria established by the state and county. NCDOT is requesting that the board adopt a resolution in support of adding this road to the state system. STRATEGIC PLAN ALIGNMENT: • Good Governance o Effective County Management ■ Increase transparency and awareness about county actions RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt SR-2 resolution. ATTACHMENTS: NCDOT Request Packet (Stoneybrook Road and Bedrock Court) NHC Locator Map (Stoneybrook Road and Bedrock Court) SR-2 Resolution (Stoneybrook Road and Bedrock Court) COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - March 6, 2023 ITEM: 2 M STxiTEa O STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Roy COOPER J. ERIC BOYETTE GOVERNOR SECRETARY February 7, 2023 Ms. Kym Crowell, Clerk to the Board New Hanover County Board of Commissioners 230 Government Center Drive, Suite 175 Wilmington, NC 28403 Subject: Proposed Road Addition to the State System of Highways: Stoneybrook Road and Bedrock Court (Division File No: 1295-N). Dear Ms. Crowell, This office is considering the addition of the following roads: Stoneybrook Road and Bedrock Court located within the Stoneybrook Subdivision to the state maintenance system. After the Board's consideration please furnish this office with the current county resolution and official road names for our further handling. If I may be of further assistance, please call me at 910-398-9100. Sincerely, N(�r,k nr&t-k Nick K. Drees Engineering Specialist Enclosures: Copy of SR-1 Road Petition request form, plat maps and locator maps. Mailing Address: NC DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS 5911 OLEANDER DRIVE, SUITE 101 WILMINGTON, NC 28403 Telephone: 910-398-9100 Customer Service: 1-877-368-4968 Website: ncdot.gov Board of Commissioners - March 6, 2023 ITEM: 2 - 1 - 1 Location: 5911 OLEANDER DRIVE, SUITE 101 WILMINGTON, NC 28403 04-11-03 COURIER Eck l�ic�s A/CboT- 7/0-37�- North Carolina Department of Transportation Division of Highways Petition for Road Addition ROADWAY INFORMATION: (Please Print/Type) County: Nt w t4 0 Road Name- )� )Z <)C-k- °c1 {Please list additional sireei names and lengths on the back of this form j Subdivision Name: S o Aj t�, y lC _ length (,Tines): Number of occupied homes having street frontage: j r Located (miles): miles N ❑ S ❑ E ❑ W ❑ of the intersection of Route and Route (Check one) (SR NO. uS) (SR NC. US) We, the undersigned, being property owners and/or developers of T—p n) T t3 i2t Lid in N Uu 14 )t VUU Utl-&ounty, do hereby request the Division of Highways to add the above described road. CONTACT PERSON: Name and Address of Firs( Petitioner (Please Print/Type) Name: Phone Number: q U D O 7 Street Address: b !3 � �G (L _�) LAU ( y>✓, rr - Mailing Add ess, Signature:cam. PROPERTY OWNERS Name Mailing Address Telephone Form SR-1 (312006 Rev 112010) /� �I2 a C✓C ? `12fl 2oa - � Z Z Ci qo - 7 U G'17,Z Board of Commissioners - March 6, 2023 ITEM: 2 - 1 - 2 Al,�k Dr«s NCboT- 9/6- 3�8- gloo North Carolina Department of Transportation Division of Highways Petition for Road Addition ROADWAY INFORMATION: (PleasePrintlType) County:/V"-w l-)r# rVpUEi;? Road Name: /3& /0/2UC.k ' `I - (Please fist additronal street names and lengths on the back of then farm ) Subdivision Name; a - U Length {miles>: Number of occupied homes having street frontage: f j Located (miles): miles N ❑ S ❑ E ❑ W ❑ of the intersection of Route and Route (Check one) (SR, NC. US) (SR, NC, US) We, the undersigned, being property owners and/or developers of.'i-ro&,C'Mpe,CL in A00 6 Ur 2 County, do hereby request the Division of Highways to add the above described road. CONTACT PERSON: Name and Address of First Petitioner (Please P(intfType) Name: Uj e Phone Number: oub Y ? / D 73 q Street Address: %�,U �/ c�d r o c t- a- 1 Ulf I I} M- t NT t N C- 2 ca- q c 5— Mailing Address: 5 A iwr - Signature:2-4,>A Entered Into PROPERTY OWNERS Database Name Mailing Addressees ZI Telephone Sign L' 1 iI o L/ - 739 � n � alb �'•�� 1J��yo"� C� �� co y��1�roocc¢'�C /��d} }�.3 Su -ffip'a e-,nr 9H 6eAroc, � t. jo- W- "5 37 Form SR-1 (3/2006 Rev 11201D) Board of Commissioners - March 6, 2023 ITEM: 2 - 1 - 3 Ali �k Pros AJCb o -- 7/0 - 37o9 % North Carolina Department of Transportation Division of Highways Petition for Road Addition ROADWAY INFORMATION: (Please PnntfType) County: A(G 6u 1- 4 A) (i o C Road Name: ,5 7-d K) &F V 0 12 c> o d (Please list addinona' street names and lengths on the back of this fom3 1 Subdivision Name:-57T4),v r1 43 j2 oc Length (moles): Number of occupied homes having street frontage: 1 / Located (miles): miles N ❑ S ❑ E ❑ W ❑ of the intersection of Route and Route (Check one) (SR NC US) ,e 0 Z (/� , 1.e (SR NC, US) We, the undersigned, being propert o� and/or developers of ) in �J ee W 1.4 A 00(, County, do hereby request the Division of Highways to add the above described road. CONTACT PERSON: Name and Address of First Pelitioner {Please Print[Type) Name: P isberT UJ e-lo e r Phone Number; ! 7 tIJ Street Address: U ? J� r G c /� L L_ --_W + Mailing Addrrr��es Signature: eCu Name �; /,I &, i ^� - rota` Form SR-1(312006 Rev 1/2010) L.M PROPERTY OWNERS Mailing Address 2�0 5 e��1�+ �600� Board of Commissioners - Marc 6, 2023 ITEM: 2 - 1 - 4 Telephone i -)a- r6S Y INSTRUCTIONS FOR COMPLETING PETITION: 1, Complete Information Section 2. Identify Contact Person (This person serves as spokesperson for petitioner(s)) 3. Attach two (2) copies of recorded subdivision plat or property deeds, which refer to candidate road. 4. Adjoining property owners and/or the developer may submit a petition. Subdivision roads with prior NCDOT review and approval only require the developer's signature. 5. If submitted by the developer, encroachment agreements from all utilities located within the right of way shall be submitted with the petition for Road addition. However, construction plans may not be required at this time. 6. Submit to District Engineer's Office. FOR NCDOT USE ONLY: Please check the appropriate block ❑ Rural Road ❑ Subdivision platted prior to October 1, 1975 ❑ Subdivision platted after September 30, 1975 REQUIREMENTS FOR ADDITION If this road meets the requirements necessary for addition, we agree to grant the Department of Transportation a right-of-way of the necessary width to construct the road to the minimum construction standards of the NCDOT. The right-of-way will extend the entire length of the road that is requested to be added to the state maintained system and will include the necessary areas outside of the right -or -way for cut and fill slopes and drainage. Also, we agree to dedicate additional right-of-way at intersections for sight distance and design purposes and execute said right-of-way agreement forms that will be submitted to us by representatives of the NCDOT. The right-of-way shall be cleared at no expense to the NCDOT, which includes the removal of utilities, fences, other obstructions, etc. General Statute 136-102.6 states that any subdivision recorded on or after October 1, 1975, must be built in accordance with NCDOT standards in order to be eligible for addition to the State Road System. ROAD NAME HOMES LENGTH ROAD NAME HOMES LENGTH Form SR-1 (312006, Rev 1/2010) Board of Commissioners - March 6, 2023 ITEM: 2 - 1 - 5 Creek Park �w e^ �j!J . �f WII �.. r� F den' .ris'... Haag e .era ter gY glen a K. r r ° Elghtl 1 r King+Gram #� rti ' d ttrR1•' •'t '� ° 71. ` ! ,rCt 11n eo R Red vlay=a re f 77b � ti R F�1 MAY FA!IRI,—: m T r. �N' r ►. - pro ent @_i 1' �, •� ' -T,°` Shell Island Resorl_ v c � i J LANDFALL V f�r orh_tMbonaill o' P - F ns�ee r - - %J -,* _ LuHoliday Inn Resort a {p. r Blu\.-ate-'rill mina'o i.., 4 am Sto rlmmgtgn • t (�. J Y' :� "`r Can P`u _hin • Mastertech Servic sp' • ' - „� f lands r .n ti❑ - Sivarom Censtruch w Brook . 2•ry �'%- F r Sherri ayF!tr ss 13randP13ee •{'!� �'1 �_. s o°n - h+` spy y.• ryes 'f• - 'r � { c .. o14raok per 4 ,. �. ® A . 4k �•- �`..'---� --- "'-- -- - -- - •�- _�` -_-_ .... --.u. _ _ _ �'- ,w..a:."_ .?..�- - _. - .. .. _ . ' Tom' 'i . w i �-`•' Tv.-��:,. y L0 cc LLI CC . NEVI HANOVER COLS NORTH CAROU A [.,JACK G, STOCKS, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION (DEED DESCRIPTION RECORDED IN BOOK — , PAGE— ); -rHAT THE BOUNDARJES NOT SURVEYED ARE CLEARLY INDICATED AS DRAft FROM INFORMATION FOUND 1N BOO , PAGE = ; THAT THE RATIO OF PRECISION AS CALCULATED IS !: :a,eao ; THAT THIS PL _1 WAS PREPARED IN ACCORDANCE WITH C.S. 47--30 AS AMENDED. WITNESS TAY ORIGINAL SIGNATURE, REGISTRATION NUMBER AND SEAL THIS/6 AMAY OR r-z.rrr..... /f JACK G. STOCKS OCKS N.C. REGISTRATION NO. L856 NEW HANOVER COUNTY NORTH CAROLINAj 4A NOTARY PUBLIC OF THE 'COUNTY AND STATE AFORESAID, CERTIFY TiW a l#ACKASTOCKS, REGSTERED LAND SURVE-r-Oft, PERSONNALLY AFPEARD BEFORE ME THIS DAB' AND ACMIOWLEDGE THE EXECUTION OF THE FOREGOII INSTRUMENT. LESS MY HAIR AND OFFICIAL STAMP OR SEAL, THIS 4/zP ja DAY OF tQ0VeM0-45 0) I q 93 q�atr is - jpl 6 b NEW HANOVER COUNTY NORTH CAROLINA THE FOREGOING CERTIFICATE OF EVIINNE Va. ,SMITH NOTARY PUBLIC OF NEW HANOVER COUNTY IS 9ERTIFIED "i' 6E Cg;REGY. FILED FOR REGISTRATION OIL T 4 DAY OI' I ,AT a A�l !�SA -ND DULY RECORDED s IN MAP B0 OTC .3_' AT PAGE r EVONNE M. SMITH NOTARY PUBLIC MY COMMISSION EXPIRES 11 I 14 !96 M,Az REGIST OF DEEDS BY �e � 6a6s�a�arrvneroe M ,:�'•• � r• _ �'• *•»-�... •r�:? �.r :. aNc 0����� te�� C � � 8 9 man .p f.10 at. {ip�rp�yd9#�qy�i 1944440 z AV4 Ov {v �� � DEPART MINI �� �� � � � 'ON DATA -- - .5 � �. `j CERTIFICATE OF OWNERSHIP, DEDICATION AND JURISDICTION '� p.�� � .� � ,� �� � —�, � � �� �' 2'?� �l � C c'VE) HERESY CERTIFY THAT cE ARE THE OWNER(S) OF THE PROPERTY . s .� , �� _ .� �, $Li�f'.+ a ESCRI ED i'�EREw % A'3°d6J ti' �iT ! t �7 t"i 'ice `3 e ° I"HI-5 1Nei OF SUSD ISION WITH DIY (OUR) FREE CONSENT ESTABLISH THE MINIMUM� ��� BUILDING LINES AND DEDICATION OF ALL STREETS, ALLEYS, WALKS, PARKS, t CONSERVATION SPACE Q Et+ AREAS TO PUBLIC PRATE USE • NOTED. ALL ROADS AND DRAINAGE EASUJIENTS ARE DEDICATED FOR PUBLIC � � �'`��� � � �4 ,�'' o p UTILITY PURPOSES. FURTHER, I (WE) CERTIFY THE LAND AS SHOWN HEREOa'� !S LOCATED WITHIN THE SUBDIVISION JURISDICTION OF NEW HANOVER COUNTY. ZaAW OATS OWNER � � )44) (074 2ERTIFICATE DISCLAIMING WATER/SEWER SUITABILITY 4���'. �IZ NOTW"ISTANDING NEW HAP40VER COUNTY APPROVAL OF THIS PLAT, LOWS SHOWN ON SAID P x a PLAT MAY NOT RECEDE F. L17H DEPARTMENT APPROVAL FOR ON SITE ,� k � -- SE SAGE, DISPOSAL SYSTEM, NOR FOR INDA UAL WATER SUPPLE( SYSTEMS. .� �' `V� �� ��� ti THIS PLAT IS OF A SURVEY THAT CREAT ES A SUEDMSION OF LAND -11 HIM' —11HE .AREA OF A► COLRM OR MUMCIPAUTY THAT HAS AN ORDINANCE THAT REGU—ATES PARCELS OF LAND. :JACK G. STOCKS Ko-re: Au��* 10,46 9k4;1.-4f oe J)L�or Au, ,aae� �, srocs�s �CGiS D Lh� l7 Sr�V�y� �i5i�'A1'fC�! �Vt LM.,Iiq-eaSO -M r � � �� "� � `1 o'`U.�. S 4-�° tB' 30"lV a83. I3 �Xjk N- >\ 030 J � ly4-0) 14§ ;j 'yw 1-16. `Y. _ �'• � !. `Kl�,g�Y :"'Y MHs�.//�' ' ��F,l•T� �/��ry��v��i" yL � L.,j. ` A� r .Y •.1tl. {{*��%.yF) /y�•��.'.}•',•. 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',.-n:. t. t,,ev.� �1 AR r �jgw- PIAWOV619 couUTY (COSC&Lf� r.14,75..r, 3v row6yegoo WIL r'l (! - � v:: . ti �: - a.. sue• , .a - .,� .. riur, }r �lfJihY A. i••.F WOQTt!-4 CAQ40-L( r�' Y ..nyb;i';t,Fr'''�L�>:,-t��4:,.0 )5�,:+v-;�•1 .>> .� rc�' :,.ter ,�• - y: -;cam 'y,.i}¢ ,�.,.y .ay 01 Board of Commissioners - March 6, 2023 ITEM: 2 - 1 - 8 '8 NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM North Carolina County of New Hanover Road(s) Description: Stoneybrook Road and Bedrock Court within the Stoneybrook Subdivision in New Hanover County (Division File No: 1295-N) WHEREAS, a petition has been filed with the Board of County Commissioners of the County of New Hanover requesting that the above described road(s), the location of which has been indicated on a map, be added to the Secondary Road System; and WHEREAS, the Board of County Commissioners is of the opinion that the above described road(s) should be added to the Secondary Road System, if the road(s) meets minimum standards and criteria established by the Division of Highways of the Department of Transportation for the addition of roads to the System. NOW, THEREFORE, be it resolved by the Board of Commissioners of the County of New Hanover that the Division of Highways is hereby requested to review the above described road(s), and to take over the road(s) for maintenance if they meet established standards and criteria. CERTIFICATE The foregoing resolution was duly adopted by the Board of Commissioners of the County of New Hanover at a meeting on the 61h day of March, 2023. WITNESS my hand and official seal this the 61h day of March, 2023. Kymberleigh G. Crowell, Clerk to the Board New Hanover County Board of Commissioners Form SR-2 Please Note: Forward directly to the District Engineer, Division of Highways. Board of Commissioners - March 6, 2023 ITEM: 2 - 3 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 3/6/2023 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 for T&T Disposal LLC BRIEF SUMMARY: New Hanover County requires a county issued franchise to collect solid waste. Pursuant to County Ordinance 44.55, the applicant has provided information about business organization, equipment, personnel, and fiscal responsibility. The Environmental Management Director has no 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. There are currently 22 active franchise agreements awarded by New Hanover County. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Authorize franchise award. Upon award, the company will provide Certificates of Insurance, agree to not bring outside waste into the county and to haul all waste to a county designated facility, if required by law. ATTACHMENTS: Franchise Agreement COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Board of Commissioners - March 6, 2023 ITEM: 3 Approved 5-0. Board of Commissioners - March 6, 2023 ITEM: 3 New Hanover County Contract # 23-0371 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" T&T DISPOSAL LLC, a North Carolina limited liability company, with its principal mailing address 1867 NC Highway 210 West, Hampstead, North Carolina, hereinafter called "Operator." WITNESSETH WHEREAS, the County has, through the power granted to it under G.S. 153A-136, adopted an ordinance regulating the collection and disposal of solid wastes and requiring that all waste haulers have a license and a franchise in order to operate in the County, in order to provide the residents and commercial customer of the County with reliable, environmentally sound waste disposal now and in the future; and WHEREAS, Operator has contracted with commercial and/or residential customers located in New Hanover County in order to provide solid waste collection and disposal; and NOW THEREFORE, in consideration of the mutual benefits inuring to the parties hereto and based upon the mutual covenants contained herein and the considerations stated herein, the parties do hereby covenant and agree, and County hereby conveys a non- exclusive franchise to Operator, to collect and dispose of solid wastes to commercial and/or residential customers in the County. The parties therefore agree to the following terms and conditions: 1. Terms of Agreement. The initial term of this Franchise Agreement shall be seven (7) years from the date of signing. The Franchise may automatically renew and extend for a subsequent seven (7) year term, contingent upon County Commissioners approval pursuant to G.S. 153A-46. 2. Scope of Services. For the term of this Franchise Agreement, Operator agrees to provide commercial and/or residential customers with solid waste collection and transportation to County -approved disposal sites. 3. Disposal at County -Approved Facilities. Operator agrees to dispose of all waste collected in the County, as part of this franchise agreement, at County -approved facilities consistent with State law. With regard to County -approved facilities, said approval must be obtained by Operator prior to the disposal at said facilities, and said approval shall be granted or denied entirely at the discretion of the County. The County also has the authority to designate which facilities shall be used. 4. Curbside Recycling. Should Operator provide curbside trash collection services, Operator must also offer customer a curbside recycling option. 5. Administration/Billing. All billing of customers shall remain the responsibility of the franchisee. 6. Franchise. It is understood and agreed that all of the terms and conditions of New Hanover County Code Chapter 44, entitled "Solid Waste," pertaining to a franchise Board of Commissioners - March 6, 2023 ITEM: 3 - 1 - 1 New Hanover County Contract # 23-0371 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 Liabilitv. 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, "Solid Waste," of the New Hanover County Code. This franchise may be modified or revoked by the County in the event that an ordinance is passed by the Board of Board of Commissioners - March 6, 2023 ITEM: 3 - 1 - 2 New Hanover County Contract # 23-0371 Commissioners creating an exclusive franchise system for residential solid waste collection in the unincorporated County. 14. Non -Waiver of Rights. It is agreed that County's failure to insist upon the strict performance of any provision of this agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any rights under this agreement. 15. Equal Opportunity. In connection with the performance of this agreement, Operator agrees not to discriminate against any employee or applicant for employment because of race, religion, color, sex, age, disability, or national origin. 16. Entire Agreement. This agreement constitutes the entire understanding of the parties with regard to the provision of solid waste collection and disposal. No modification of rescission of this agreement shall be effective unless evidenced by a writing signed by both parties to this agreement. 17. E-Verify Compliance. Operator shall fully comply with the U.S. Department of Homeland Security employee legal status E-Verify requirements for itself and all its subcontractors. Violation of the provision, unless timely cured, shall constitute a breach of contract. IN WITNESS THEREOF, the parties have hereunto set their hands and seals by authority duly given on the day and year first above written. [SEAL] STATE OF COUNTY T&T DISPOSAL LLC Member/Manager (SEAL) I, , a Notary Public of the State and County aforesaid, certify that came before me this day and acknowledged that (s)he is Member/Manager of T&T DISPOSAL LLC, a North Carolina limited liability company, and that by County duly given and as the act of the corporation, the foregoing instrument was signed and sealed in its name by its Member/Manager. WITNESS my hand and official seal, this day of 12023. Notary Public My Commission Expires [SEAL] New Hanover County digital signature page attached hereto and incorporated herein by reference. Board of Commissioners - March 6, 2023 ITEM: 3 - 1 - 3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 3/6/2023 Consent DEPARTMENT: Tax PRESENTER(S): Allison Snell, Tax Administrator CONTACT(S): Trina Baxley, Collections Supervisor SU BJ ECT: Approval of January 2023 Tax Collections Reports BRIEF SUMMARY: NCGS 105-350 requires the Tax Collector to submit a report showing the amount of taxes collected. Overall collection percentages for January 2023 are ahead of overall collections for January 2022. The report for January 2023 in comparison to January 2022 is as follows: New Hanover County Real Property Personal Property Motor Vehicle Overall Collection Rate Total Collected YTD New Hanover County Debt Service Real Property Personal Property Motor Vehicle Overall Collection Rate Total Collected YTD Grand Total Collected YTD New Hanover County Fire District Real Property Personal Property Motor Vehicle Overall Collection Rate Total Collected YTD January 2022 January 2023 96.65% 92.93% 100.00% 96.53% $196,368,894.16 97.24% 93.95% 100.00% 97.12% $198,128,454.85 January 2022 January 2023 96.44 92.81% 100.00% 96.41% $20,382,612.16 $216,751,506.32 January 2022 96.46% 94.22% 100.00% 96.44% $12,568,013.20 STRATEGIC PLAN ALIGNMENT: 96.85 93.42% 100.00 96.75% $15,080,249.42 $213,208,704.27 January 2023 97.01% 94.58 100.00 96.95 $13,010,396.39 Board of Commissioners - March 6, 2023 ITEM: 4 • Good Governance o Strong Financial Performance ■ Proactively manage the county budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the reports. ATTACHMENTS: New Hano\er County Monthly Collection Report for January 2023 New Hanmer County Debt Seance Monthly Collection Report for January 2023 New Hanmer County Fire District Monthly Collection Report for January 2023 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - March 6, 2023 ITEM: 4 New Hanover County Monthly Collection Report for January 2023 Current Year 2022-2023 Scroll/Billed Abatements Adjustments Real Estate Personal Property Motor Vehicles Combined $ 182,909,287.95 $ (357,603.31) $ 33,190.03 $ 13,870,234.68 $ (218,499.14) $ 19,418.96 $ 7,601,235.21 $ $ $ 204,380,757.84 $ (576,102.45) $ 52,608.99 Total Taxes Charged Collections to Date *Refunds Write-off $ $ $ $ 182,584,874.67 178,246,185.89 705,229.79 70.52 $ $ $ $ 13,671,154.50 12,882,008.67 39,287.38 1,407.74 $ $ $ $ 7,601,235.21 7,601,235.21 $ 203,857,264.38 $ 198,729,429.77 $ 744,517.17 $ 1,478.26 Outstanding Balance $ 5,043,848.05 $ 827,025.47 $ $ 5,870,873.52 Collection Percentage 97.24 93.95 100.00 97.12 YTD Interest Collected $ 72,001.18 $ 4,511.68 $ 67,029.39 $ 143,542.25 Total 2022-2023 Collections YTD Prior Years 2012-2021 198,128,454.85 Real Estate Personal Property Motor Vehicles Combined Scroll $ 1,532,709.38 $ 4,696,018.59 $ 242,477.60 $ 6,471,205.57 Abatements $ (205,917.44) $ (150,549.52) $ - $ (356,466.96) Adjustments $ 51,082.59 $ 3,048.32 $ - $ 54,130.91 Total Levy $ 1,377,874.53 $ 4,548,517.39 $ 242,477.60 $ 6,168,869.52 Collections to Date $ 375,811.99 $ 174,788.36 $ 501.41 $ 551,101.76 *Refunds $ 33,519.21 $ 5,585.92 $ 6.16 $ 39,111.29 Write-off $ 23,901.46 $ 302,105.84 $ 123,191.57 $ 449,198.87 Outstanding Balance $ 1,011,680.29 $ 4,077,209.11 $ 118,790.78 $ 6,106,077.92 YTD Interest Collected $ 73,083.67 $ 46,963.19 $ 485.60 $ 120,532.46 Total Prior Year Collections YTD 632,522.93 Grand Total All Collections YTD $ 198,760,977.78 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - March 6, 2023 ITEM: 4 - 1 - 1 New Hanover County Debt Service Monthly Collection Report for Janaury 2023 Current Year 2022-2023 Real Estate Personal Property Motor Vehicles Combined Scroll/Billed $ 13,893,411.38 $ 1,068,189.64 $ 660,169.37 $ 15,621,770.39 Abatements $ (36,061.54) $ (16,587.56) $ - $ (52,649.10) Adjustments $ 2,534.09 $ 1,474.02 $ - $ 4,008.11 Total Taxes Charged $ 13,859,883.93 $ 1,053,076.10 $ 660,169.37 $ 15,573,129.40 Collections to Date $ 13,423,823.37 $ 984,266.44 $ 660,169.37 $ 15,068,259.18 *Refunds $ 43.49 $ 621.92 $ 665.41 Write-off $ 15.16 $ 110.18 $ 125.34 Outstanding Balance $ 436,088.89 $ 69,321.40 $ - $ 505,410.29 Collection Percentage 96.85 93.42 100.00 96.75 YTD Interest Collected $ 5,616.71 $ 381.53 $ 6,657.41 $ 12,655.65 Total 2022-2023 Collections YTD $ 15,080,249.42 Prior Years 2012-2021 Real Estate Personal Property Motor Vehicles Combined Scroll $ 158,748.41 $ 367,453.51 $ $ 526,201.92 Abatements $ (19,366.59) $ (13,342.25) $ (32,708.84) Adjustments $ 5,630.02 $ 315.88 $ 5,945.90 Total Levy $ 145,011.84 $ 354,427.14 $ $ 499,438.98 Collections to Date $ 40,246.38 $ 19,824.32 $ $ 60,070.70 *Refunds $ 1,478.20 $ - $ $ 1,478.20 Write-off $ 9.76 $ 6.79 $ $ 16.55 Outstanding Balance $ 106,233.90 $ 334,596.03 $ $ 440,863.03 YTD Interest Collected $ 7,578.57 $ 5,431.38 $ $ 13,009.95 Total Prior Year Collections YTD 71,602.45 Grand Total All Collections YTD $ 15,151,851.87 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - March 6, 2023 ITEM: 4 - 2 - 1 New Hanover County Fire District Monthly Collection Report for Janaury 2023 Current Year 2022-2023 Scroll/Billed Abatements Adjustments Real Estate Personal Property Motor Vehicles Combined $ 11,767,979.61 $ (45,262.34) $ 4,803.86 $ 1,087,961.39 $ (29,872.10) $ 1,417.82 $ 621,431.88 $ $ $ 13,477,372.88 (75,134.44) 6,221.68 Total Taxes Charged Collections to Date *Refunds Write-off $ $ $ $ 11,727,521.13 11,376,487.77 34.51 23.33 $ $ $ $ 1,059,507.11 1,003,034.58 1,149.01 146.62 $ $ 621,431.88 621,431.88 $ $ $ $ 13,408,460.12 13,000,954.23 1,183.52 169.95 Outstanding Balance $ 351,044.54 $ 57,474.92 $ - $ 408,519.46 Collection Percentage 97.01 94.58 100.00 96.95 YTD Interest Collected $ 4,900.15 $ 364.11 $ 5,361.42 $ 10,625.68 Total 2022-2023 Collections YTD 13,010,396.39 Prior Years 2012-2021 Real Estate Personal Property Motor Vehicles Combined Scroll $ 100,746.00 $ 247,903.54 $ 14,856.27 $ 363,505.81 Abatements $ (11,661.11) $ (8,864.26) $ - $ (20,525.37) Adjustments $ 34.65 $ - $ 34.65 Total Levy $ 89,119.54 $ 239,039.28 $ 14,856.27 $ 343,015.09 Collections to Date $ 21,386.27 $ 4,430.11 $ 34.75 $ 25,851.13 *Refunds $ 182.61 $ - $ - $ 182.61 Write-off $ 1,694.14 $ 18,646.21 $ 7,382.13 $ 27,722.48 Outstanding Balance $ 66,221.74 $ 215,962.96 $ 7,439.39 $ 345,069.05 YTD Interest Collected $ 3,421.40 $ 855.52 $ 41.98 $ 4,318.90 Total Prior Year Collections YTD 30,170.03 Grand Total All Collections YTD $ 13,040,566.42 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - March 6, 2023 ITEM: 4 - 3 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 3/6/2023 Consent DEPARTMENT: Finance PRESENTER(S): Eric Credle, Chief Financial Officer CONTACT(S): Eric Credle and Michelle Daniels, Budget Officer SU BJ ECT: Adoption of Budget Amendment BRIEF SUMMARY: Budget Amendment 23-053 budgets $2,404,012 of excess sales tax for items submitted as fiscal year 2024 enhancement requests that are proposed to be expended in fiscal year 2023. These requests relate to items that the departments are currently in need of, and by purchasing them in the current fiscal year, these expenditures will not need to be budgeted for in fiscal year 2024. Several additional, similar items in the general government and cultural and recreational functions are not included in this amendment, as they can be absorbed in the current year budget. Those items total $362,853. STRATEGIC PLAN ALIGNMENT: • Good Governance o Strong Financial Performance ■ Proactively manage the county budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Adoption of the ordinance for Budget Amendment 23-053 ATTACHMENTS: Budget Amendment 23-053 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - March 6, 2023 ITEM: 5 AGENDA: March 6, 2023 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2023 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2023. Section 1: Details of Budget Amendment Strategic Focus Area: Strong Financial Performance Strategic Objective(s): Proactively manage the county budget Fund: General Exnenditure: Decrease Increase Total BA 23-053 General Government $ 960,000 $ 960,000 BA 23-053 Health $ 480,051 $ 480,051 BA 23-053 Public Safety $ 963,961 $ 963,961 Total $ - $ 2,404,012 11 $ 2,404,012 Revenue: Decrease Increase 11 Total BA 23-053 Sales Tax $ 2,404,012 $ 2,404,012 Total $ - $ 2,404,012 $ 2,404,012 Prior to Actions Total if Actions Today Taken General Fund Budget $ 396,294,690 $ 398,698,702 General Fund Sales Tax $ 82,117,818 $ 84,521,830 Section 2: Explanation BA 23-053 budgets excess sales tax for items submitted as FY24 enhancement requests that are proposed to be expended in FY2023. These requests relate to items that the departments are currently in need of, and by purchasing them in the current fiscal year, these expenditures will not need to be budgeted for in 2024. Several additional, similar items in the general government and cultural and recreational functions are not included in this amendment, as they can be absorbed in the current year budget. Those items total $362,853. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 23-053 amending the annual budget ordinance for the fiscal year ending June 30, 2023, is adopted. Adopted, this 6th day of March, 2023 (SEAL) William E. Rivenbark, Chairman ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - March 6, 2023 ITEM: 5 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 3/6/2023 Regular Health and Jonathan Campbell, Health Director; Anne Wrenn, Nutrition DEPARTMENT: Human PRESENTER(S): Services Supervisor; and Carla Turner, Assistant Health Director Services CONTACT(S): Jonathan Campbell and Carla Turner SU BJ ECT: Consideration of National Nutrition Month Proclamation BRIEF SUMMARY: The 2023 theme for National Nutrition Month is "Fuel for the Future", which embraces eating with sustainability in mind to nourish ourselves during every phase of life and protect the environment. STRATEGIC PLAN ALIGNMENT: • Good Governance o Effective County Management ■ Increase transparency and awareness about county actions RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: National Nutrition Month Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - March 6, 2023 ITEM: 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS NATIONAL NUTRITION MONTH PROCLAMATION WHEREAS, food is the substance by which life is sustained; and WHEREAS, the type, quality, and amount of food that individuals consume each day plays a vital role in their overall health and physical wellbeing; and WHEREAS, nutritional needs change over an individual's lifespan; and WHEREAS, there is a need for lifelong nutrition education and healthy eating practices; and WHEREAS, this year's theme, "Fuel for the Future" embraces eating with sustainability in mind to nourish ourselves during every phase of life and protect the environment. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that March 2023 will be recognized as "National Nutrition Month" in New Hanover County. ADOPTED this the 61" day of March, 2023. NEW HANOVER COUNTY William E. Rivenbark, Chair /e1ar*II Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - March 6, 2023 ITEM: 6 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 3/6/2023 Regular DEPARTMENT: County Manager PRESENTER(S): Tim Buckland, Intergovernmental Affairs Manager CONTACT(S): Tim Buckland SU BJ ECT: Consideration of Resolution in Support of H.R. 524 BRIEF SUMMARY: Congressman David Rouzer has filed H.R. 524, which would exempt beach nourishment projects that have used sand borrow sites inside designated Coastal Barrier Resource Act zones for at least 15 years from rules that do not allow federal funds to support those projects. STRATEGIC PLAN ALIGNMENT: • Superior Public Health & Safety o Sustain the community capacity to prepare for and respond to public safety demands ■ Increase individual resident and business preparedness for emergencies RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resolution. ATTACHMENTS: Inlet Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - March 6, 2023 ITEM: 7 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION IN SUPPORT OF H.R. 524 WHEREAS, New Hanover County's coastal infrastructure is critical to protecting public and private interests from storms and other natural disasters and to North Carolina's tourism economy; and WHEREAS, Wrightsville Beach, Carolina Beach and Kure Beach require routine Coastal Storm Damage Mitigation projects to maintain their engineered shoreline templates that provide essential protection to minimize damage caused by hurricanes and other storms; and WHEREAS, New Hanover County supports federal participation in Coastal Storm Damage Reduction (CSDR) projects; and WHEREAS, projects designed by the U.S. Army Corps of Engineers for Wrightsville Beach and Carolina Beach have utilized engineered inlet borrow sites for sand from Masonboro Inlet and Carolina Beach Inlet for more than 50 years; and WHEREAS, the sand placed on the beach strands are transported, through natural coastal processes, back into the inlet borrow sites, resulting in an environmentally friendly, cost-effective project that reuses and recycles beach quality sand; and WHEREAS, the Coastal Barrier Resources Act (CBRA) of 1982 created zones identified for restriction of federal funds to support development; and WHEREAS, Masonboro Inlet and Carolina Beach Inlet are inside CBRA zones and the adjacent beach strands are not, resulting in a recent interpretation that advised that federal funds could not be used to support beach nourishment projects that use inlets within CBRA zones as borrow sources for beaches outside CBRA zones; and WHEREAS, the interpretation has resulted in projects for Wrightsville Beach and Carolina Beach that would use borrow sources in the Atlantic Ocean, resulting in increased costs and the potential for more harm to the environment; and WHEREAS, the proposed Atlantic Ocean borrow site for Wrightsville Beach is adjacent to an area of a remnant artificial reef created in the 1970s using hundreds of thousands of tires, resulting in a potentially compromised borrow site that would significantly increase costs and harm to the environment; and WHEREAS, the offshore site used for Carolina Beach is the approved borrow site for Kure Beach, resulting in a shorter lifespan of the site if it is continued to be used to nourish both beaches; and WHEREAS, by not utilizing the inlet borrow sites, Masonboro Inlet and Carolina Beach Inlet will continue to be infilled by sand that naturally flows to them, resulting in increased costs that would be incurred to maintain navigable inlets while also impacting the region's programmatic approach to beach and inlet dredge material management; and WHEREAS, Congressman David Rouzer has introduced H.R. 524, which would exempt from CBRA inlet borrow sources that were used to support beach nourishment projects for at least 15 years; and WHEREAS, Masonboro Inlet and Carolina Beach Inlet would be eligible for this exemption should H.R. 524 become law, allowing the projects to return to the successful, cost-effective model that provided healthy coastal infrastructure for decades. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners supports the passage of H.R. 524. ADOPTED this the 6t" day of March, 2023. NEW HANOVER COUNTY William E. Rivenbark, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - March 6, 2023 ITEM: 7 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 3/6/2023 Regular DEPARTMENT: Planning PRESENTER(S): Zach Dickerson, Current Planner CONTACT(S): Zach Dickerson; Robert Farrell, Senior Planner; Rebekah Roth, Planning & Land Use Director SU BJ ECT: Public Hearing Rezoning Request (Z22-23) — Request by Cindee Wolf with Design Solutions, applicant, on behalf of 6844 Bayat Land, LLC, property owner, to rezone two parcels totaling approximately 3.83 acres of land located at 6830 and 6844 Carolina Beach Road from R-15, Residential to 2.00 acres of (CZD) B-1, Neighborhood Business for a convenience store and 1.83 acres to (CZD) R-5, Moderate -High Density Residential for 12 single-family attached dwellings. BRIEF SUMMARY: The applicant is proposing to rezone approximately 3.83 acres from R-15, Residential to (CZD) B-1, Neighborhood Business, and (CZD) R-5, Residential Moderate -High Density in order to construct a 6,000 square foot convenience store with a 16-pump fueling station. The proposal also includes the construction of 12 single-family homes (four triplexes) to the rear of the convenience store and fuel station. The subject site consists of two parcels, both zoned R-15. The portion of the site that fronts Carolina Beach Road is proposed for rezoning to (CZD) B-1, transitioning to the proposed (CZD) R-5 in the rear. The R-15 district in this area was established in 1971. At the time, the purpose of the R-15 district was to ensure that housing served by private septic and wells would be developed at low densities. While public water and sewer has not reached this area, AQUA has provided a letter of commitment for water and sewer for this site. The applicant's concept plan includes the proposed convenience store and fueling station, single-family homes along with a bufferyard along the southern boundary that will consist of an eight -foot high screening fence with a pedestrian gate and sidewalk connection from the terminus of the Southern Exposure roadway to the convenience store. A landscaped streetyard will be required for the portion of the site that fronts Carolina Beach Road. There is an existing billboard on site. The applicant has proposed a condition that would require them to cancel the contract and remove the billboard prior to issuance of a Certificate of Occupancy. The subject parcels are bounded by Carolina Beach Road to the east and the Old Cape Cod neighborhood to the south. Access is proposed to the subject property from Carolina Beach Road, an NCDOT-maintained Urban Principal Arterial highway. Access will be limited to a right-in/right-out movement on Carolina Beach Road with a 200' right turn lane on southbound Carolina Beach Road, prescribed by the Traffic Impact Analysis (TIA). The applicant has agreed to extend the southbound right -turn lane to the access road south of the property, which the NCDOT has stated could be adequate for site access; however, a driveway permit would be required for full engineering analysis. The proposed single-family development in the R-5 portion of the project includes 12 attached dwelling units on 1.83 acres, at a density of 6.5 du/acre. The R-5 district allows a maximum density of 8 du/acre under performance Board of Commissioners - March 6, 2023 ITEM: 8 residential standards. As currently zoned, it is estimated the site would generate about 6 AM and 8 PM trips during the peak hours if developed at the permitted density. The proposed convenience store and single-family attached development would result in 512 AM peak hour trips and 437 PM peak hour trips, an increase of approximately 506 AM peak hour and 429 PM peak hour trips. These counts are not reduced for capture of pass -by traffic. As referenced in the approved Traffic Impact Analysis (TIA), the International Traffic Engineers Manual (11th edition) indicates that 75% of trips for this use are by pass -by traffic, drivers already using the adjacent roadway. In this case, new traffic generated by the proposal would be estimated at 122 new AM peak hour trips and 107 new PM peak hour trips. In accordance with NCDOT guidelines, however, the WMPO and NCDOT did require the developer analyze a larger number of potential trips than indicated by the ITE Manual to better ensure that the identified necessary off -site improvements would mitigate the proposal's traffic impact. That TIA was approved January 12, 2023. It requires four notable roadway improvements. They include providing a four -section flashing yellow signal head to the northbound U-turn at the intersection of Carolina Beach Road and Myrtle Grove Road. That U-turn lane must also be extended from 100 feet of storage to 200 feet of storage. The developer must also provide a right turn lane with 200 feet of storage and appropriate deceleration and taper for the proposed driveway. In addition, the developer must install a traffic signal at the intersection of Carolina Beach Road and Hill Valley Walk, the timing of which will be coordinated with the existing signal at Carolina Beach Road and Myrtle Grove Road. Students living in the proposed development would be assigned to Anderson Elementary, Murray Middle and Ashley High Schools. Based on a generalized historic generation rate, staff would estimate the increase in homes would result in an increase of approximately 1 more student than the estimated number of students generated under existing zoning. The subject property is one of several undeveloped tracts along Carolina Beach Road and acts as a buffer between the highway and lower density single-family development to the west. The UDO requires a Type A: Opaque Buffer between the proposed development and existing single-family residential uses. The Comprehensive Plan classifies the site as Community Mixed Use, which promotes a mix of retail, office, and residential development at moderate densities. It also recommends higher -intensity mixed use around areas that transition from lower density housing to higher intensity development. The proposed rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because it provides for the types of uses and residential densities recommended for a Community Mixed Use place. The project will provide housing and commercial services to those along the Carolina Beach Road corridor and nearby residents. The Planning Board considered this application at the February 2, 2023 meeting. Three members of the public spoke in opposition to the proposal, citing concerns about the increase in traffic and underground fuel storage tanks. The Planning Board voted to recommend approval of the petition (6-0) with the following conditions offered by the applicant: 1. A private access easement will be dedicated to establish permanent access for the three properties to the rear of the development. 2. The bufferyard along the southern boundary will include an eight -foot -high screening fence with a pedestrian gate and sidewalk connection from the terminus of Southern Exposure roadway to the convenience store. 3. The owner will cancel the contract for the existing billboard on the site. The billboard will be removed prior to issuance of Certificate of Occupancy. 4. Exterior lighting, including luminaries and security lights, shall be arranged or shielded so as not to Board of Commissioners - March 6, 2023 ITEM: 8 cast illumination in an upward direction above an imaginary line extended from the light sources parallel to the ground. Fixtures shall be numbered such that adequate levels of lighting are maintained, but that light spillage and glare are not directed at adjacent property, neighboring areas, or motorists. Light posts shall be no taller than twenty feet. The board found it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it provides for the types of uses and residential densities fora Community Mixed Use place. The board found RECOMMENDING APPROVAL of the rezoning request was reasonable and in the public interest because the project will provide housing and commercial services to those along the Carolina Beach Road corridor and nearby residents. STRATEGIC PLAN ALIGNMENT: • Intelligent Growth & Economic Development 0 Encourage development of complete communities in the unincorporated county ■ Citizens have daily needs met by N H C businesses and support them ■ Ensure NHC has appropriate housing to support business growth ■ Increase connectivity of residents to each other and their investment to New Hanover County RECOMMENDED MOTION AND REQUESTED ACTIONS: Based on the recommended uses and residential density for Community Mixed Use place types along with the context and compatibility with the surrounding area, staff concurs with the Planning Board's recommendation and suggests the following motion with the proposed conditions and two additional conditions to clarify the applicant's commitment to extend the right turn lane if permitted by NCDOT and to install sidewalks: I move to APPROVE the proposed rezoning. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it provides for the types of uses and residential densities for a Community Mixed Use place. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the project will provide housing and commercial services to those along the Carolina Beach Road corridor and nearby residents. Proposed Conditions: 1. A private access easement will be dedicated to establish permanent access for the three properties to the rear of the development. 2. The bufferyard along the southern boundary will include an eight -foot -high screening fence with a pedestrian gate and sidewalk connection from the terminus of Southern Exposure roadway to the convenience store. 3. The owner will cancel the contract for the existing billboard on the site. The billboard will be removed prior to issuance of Certificate of Occupancy. 4. Exterior lighting, including luminaries and security lights, shall be arranged or shielded so as not to cast illumination in an upward direction above an imaginary line extended from the light sources parallel to the ground. Fixtures shall be numbered such that adequate levels of lighting are Board of Commissioners - March 6, 2023 ITEM: 8 maintained, but that light spillage and glare are not directed at adjacent property, neighboring areas, or motorists. Light posts shall be no taller than twenty feet. S. The applicant will continue the proposed turn lane south to the public utility access unless not allowed by NCDOT. 6. The applicant will provide a sidewalk along the frontage of Carolina Beach Road and walks connecting to the proposed homes. 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 provides for the types of uses and the residential densities recommended for a Community Mixed Use place, 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. ATTACHMENTS: Z22-23 BOC Script Z22-23 BOC Staff Report Z22-23 Zoning Map Z22-23 Future Land Use Map Z22-23 Mail Out Map Application Coker Sheet Z22-23 Application Z22-23 Community Meeting Information Concept Plan Coker Sheet Z22-23 Initial Concept Plan Z22-23 RekiSed Concept Plan Traffic Impact Analysis Coker Sheet Z22-23 TIA Z22-23 TIA Approval Letter Supplementary Applicant Materials Coker Sheet Tree Certification-Arborist Soil Infiltration Report Public Comment Coker Sheet Public Comments in Opposition COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval with conditions as presented by staff. COMMISSIONERS' ACTIONS: Approved with six conditions as presented by staff 4-1, Commissioner Zapple dissenting. Board of Commissioners - March 6, 2023 ITEM: 8 BOARD OF COMMISSIONERS SCRIPT for Zoning Map Amendment Application (Z22-23) Rezoning Request (Z22-23) — Request by Cindee Wolf with Design Solutions, applicant, on behalf of 6844 Bayat Land, LLC, property owner, to rezone two parcels totaling approximately 3.83 acres of land located at 6830 and 6844 Carolina Beach Road from R-15, Residential to 2.00 acres of (CZD) B-1, Neighborhood Business for a convenience store and 1.83 acres to (CZD) R-5, Residential for 12 single- family attached dwellings. 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 provides for the types of uses and residential densities for a Community Mixed Use place. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the project will provide housing and commercial services to those along the Carolina Beach Road corridor and nearby residents. Proposed Conditions: 1 . A private access easement will be dedicated to establish permanent access for the three properties to the rear of the development. 2. The bufferyard along the southern boundary will include an eight -foot -high screening fence with a pedestrian gate and sidewalk connection from the terminus of Southern Exposure roadway to the convenience store. 1 Board of Commissioners - March 6, 2023 - ITEM: 8 - 1 - 1 3. The owner will cancel the contract for the existing billboard on the site. The billboard will be removed prior to issuance of Certificate of Occupancy. 4. Exterior lighting, including luminaries and security lights, shall be arranged or shielded so as not to cast illumination in an upward direction above an imaginary line extended from the light sources parallel to the ground. Fixtures shall be numbered such that adequate levels of lighting are maintained, but that light spillage and glare are not directed at adjacent property, neighboring areas, or motorists. Light posts shall be no taller than twenty feet. 5. The applicant will continue the proposed turn lane south to the public utility access unless not allowed by NCDOT. 6. The applicant will provide a sidewalk along the frontage of Carolina Beach Road and walks connecting to the proposed homes. 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 provides for the types of uses and the residential densities recommended for a Community Mixed Use place, 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 B-1 and conditional R-5 district. I find it to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] I also find [Approval/Denial] of the rezoning request is reasonable and in the public interest because [insert reasons] Board of Commissioners - March 6, 2023 ITEM: 8 - 1 - 2 STAFF REPORT FOR Z22-23 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z22-23 Request: Rezoning to a Conditional B-1, Neighborhood Business District, and Conditional R-5, Residential Moderate -High Density District Applicant: Property Owner(s): Cindee Wolf with Design Solutions Bayat Land LLC Location: Acreage: 6830 & 6844 Carolina Beach Rd 3.83 PID(s): Comp Plan Place Type: R08200-001-018-000 & R08200-001-014- Community Mixed Use 000 Existing Land Use: Proposed Land Use: Convenience Store with Fuel Station and Undeveloped Single Family Attached Residences Current Zoning: Proposed Zoning: (CZD) B-1, Neighborhood Business District & R-15, Residential District (CZD) R-5, Residential Moderate -High Density District • � �� =ti,,,,,,,,,•� s � ����j 5 ��;�I�RIIIIIIIIillllllll �� ��•�� �• w,>t�A,-���I�I�li�llillli! 1111116 Iloilo lk o• .Q.. i � � �p� p�� �111i �j �,o� I/ 1-2 _�■-_�.1���I�111��111111����� i •' rmwrpigrn c� A1�� ,, ChimrreY'Lrf �r �� Nill Valle R' 1�IIIIlillllf1111III�IIIIIEIIIIIIINI■11 lto-�,!�� Ws SURROUNDING AREA LAND USE ZONING North Single Family Residences R-15 East Single Family Residences, Fuel Station to the Northeast R-15 South Single Family Residences (Old Cape Cod) R-15 West Single Family Residences R-15 Z22-23 Staff Report BOC 3.6.2023 Page 1 of 20 Board of Commissioners - March 6, 2023 ITEM: 8 - 2 - 1 AERIAL P19 North i- ZONING HISTORY April 7, 1971 Initially zoned R-15 COMMUNITY SERVICES Water and sewer services are not available through CFPUA. These Water/Sewer properties can be serviced by a private well and septic system approved and permitted by the NHC Health Department. AQUA has provided a letter of commitment for water and wastewater utility service at this location Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire District, New Hanover County Federal Point Station Schools Anderson Elementary, Myrtle Grove Middle, and Ashley High Schools Recreation Veterans Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Z22-23 Staff Report BOC 3.6.2023 Page 2 of 20 Board of Commissioners - March 6, 2023 ITEM: 8 - 2 - 2 APPLICANT'S PROPOSED CONCEPTUAL PLAN 1 2Single-Family 1 •;'It`s Pc.m Odd. of North lex Dwellings (Triplex) � g � p ) Convenience Store I , q 5 � 9 Cai.n.errce 1 I ` Swe I 1 I ` 1 111 •�c o ------------ 3:: 6� I 9 P I •r .. I Q �p 16 Pump Fuel Station , Fenced Buffer $p thgm mH Site Access with - IIPd Pua'ic RfM extended turn lane Includes Staff Markups • The applicant is proposing to construct a 6,000 sq ft convenience store with a 16-pump fueling station. • The applicant is also proposing to construct 12 single-family attached residential units to the rear of the convenience store and fuel station. • The applicant's proposed conceptual plan includes a bufferyard along the southern boundary that will consist of an eight -foot high screening fence with a pedestrian gate and sidewalk connection from the terminus of the Southern Exposure roadway to the convenience store. • The applicant has proposed a dedicated private access easement for permanent access to the three residential parcels to the rear of the subject property. • The applicant's proposed lighting condition, limiting posts to no taller than 20' is more restrictive than the UDO's lighting standards which limit post height to 25'. Z22-23 Staff Report BOC 3.6.2023 Page 3 of 20 Board of Commissioners - March 6, 2023 ITEM: 8 - 2 - 3 • The right turn lane was extended from the site access to include the utility access road to the south in order to improve traffic flow to and from the Old Cape Cod neighborhood to the south. • An under -pavement stormwater system is proposed for this development in order to save the trees where the stormwater ponds were on the community meeting plan. The applicant had a soil analysis performed on the site to determine feasibility of this system, which has been reviewed by New Hanover County Stormwater Engineering. Per discussions with NHC Engineering, this system is feasible for the site. • The applicant has noted several trees on the site plan. A certified arborist has confirmed that there are no specimen trees on the site and that several of the trees on the site have root rot. • New Hanover County Environmental Health has stated that underground storage tanks must remain 100' from any wells surrounding this property. If the existing wells on the site are properly abandoned, then the setbacks to the underground storage tanks will comply with this regulation. • There is an existing billboard on the northeastern portion of the site. The applicant has proposed a condition that would require them to cancel the contract and remove the billboard prior to issuance of a Certificate of Occupancy. ZONING CONSIDERATIONS • The R-15 district in this area was established in 1971. At the time, the purpose of the R-15 district was to ensure that housing served by private septic and wells would be developed at low densities. AQUA has provided a letter of commitment for water and sewer service. • While the site is zoned R-15, the Carolina Beach Road corridor has seen increased interest in higher density residential and commercial development. This trend is expected to continue. • As currently zoned, the subject site would be allowed a maximum of 9 dwelling units under a performance residential development, at a density of 2.5 du/acre. • The purpose of the B-1 district is to provide lands that accommodate a range of small-scale, low -intensity, neighborhood -serving commercial development that provide goods and services to residents of adjacent neighborhoods. District regulations are intended to ensure uses, development intensities, and a development form that is consistent with a pedestrian - friendly walkable and neighborhood scale. • The purpose of the R-5, Residential District is to provide lands that accommodate moderate to high density single-family detached and single-family attached development. • The proposed single family development in the R-5 places 12 attached dwelling units on 1.83 acres, at a density of 6.5 du/acre. The R-5 district allows a maximum density of 8 du/acre under a performance residential development. • The UDO prescribes a Type A: Opaque Buffer between the single-family residential uses and commercial development. Z22-23 Staff Report BOC 3.6.2023 Page 4 of 20 Board of Commissioners - March 6, 2023 ITEM: 8 - 2 - 4 Development Total Units Built Remaining III TRANSPORTATION Access is proposed to the subject property from Carolina Beach Road, an NCDOT- maintained Urban Principal Arterial highway. Access will be limited to a right-in/right-out movement on Carolina Beach Road with a 200' right turn lane on southbound Carolina Beach road, prescribed by the Traffic Impact Analysis. • The applicant has proposed extending the right turn lane to the access road to the south of the site. Z22-23 Staff Report BOC 3.6.2023 Page 6 of 20 Board of Commissioners - March 6, 2023 ITEM: 8 - 2 - 6 • As currently zoned, it is estimated the site would generate about 6 AM / 8 PM trips during the peak hours if developed at the permitted density. The proposed convenience store and single-family attached development would increase the estimated number of peak hour trips by approximately 506 AM / 429 PM trips. Intensity Approx. Peak Hour Trips Existing Development: Undeveloped 0 AM / 0 PM Typical Development 9 single family 6 AM 8 PM / under Current Zoning: dwellings 6,000 square foot Convenience Store w/ 506 AM' / 430 PM' 16 pumps Proposed Development: 12 single-family 6 AM / 7 PM attached dwelling units • 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 by the TIA. Traffic Impact Analysis • New developments that are anticipated to generate more than 100 trips during any peak hour period are required to submit a traffic impact analysis (TIA) as part of their rezoning application. • The TIA was approved on January 12, 2023. It analyzed the development of a 6,000 sq ft convenience store with 16 fuel pumps and 18 single-family attached dwelling units. The proposed rezoning reduces the number of single-family attached dwelling units to 12. • The TIA analyzed the Level of Service (LOS) in vehicle delay per second at notable intersections in the area, summarized below: o US 421 (Carolina Beach Road) at SR 1492 (Myrtle Grove Road) (signalized); o US 421 (Carolina Beach Road) at SR 2364 (Southern Charm Drive) / Hill Valley Walk (RCI — unsignalized); o US 421 (Carolina Beach Road) at Site Access (future right-in/right-out); I These counts are not reduced for capture of pass -by traffic. Z22-23 Staff Report BOC 3.6.2023 Page 7 of 20 Board of Commissioners - March 6, 2023 ITEM: 8 - 2 - 7 The TIA approval requires the following notable roadway improvements: A. Intersection of Carolina Beach Road and Myrtle Grove Road: Provide a 4-section flashing yellow arrow signal head to the northbound U-turn. B. Extend the northbound U-turn lane from 100 feet of storage to 200 feet of storage. C. Install a southbound right turn lane on Carolina Beach Road. D. Intersection of Carolina Beach Road and Hill Valley Walk: Install a traffic signal and provide necessary coordination with NC 421 and Myrtle Grove intersection. Z22-23 Staff Report BOC 3.6.2023 Page 8 of 20 Board of Commissioners - March 6, 2023 ITEM: 8 - 2 - 8 Nearby Planned Transportation Improvements and Traffic Impact Analyses Z22-23 Staff Report BOC 3.6.2023 Page 9 of 20 Board of Commissioners - March 6, 2023 ITEM: 8 - 2 - 9 Nearby Traffic Impact Analyses: Traffic Impact Analyses (TIAs) are completed in accordance with the WMPO and NCDOT standards. Approved analyses must be re-examined by NCDOT if the proposed development is not completed by the build out date established within the TIA. Proposed Development Land Use/Intensity TIA Status 1. River Oaks • 108 Single -Family detached housing units • TIA approved July 24, 2020 • 2021 build -out year The TIA required no improvements at any of the intersections. Nearby Proposed Developments included within the TIA: • None Development Status: Development currently under construction Proposed Development Land Use/Intensity TIA Status 2. Masonboro Golf • 141 Single -Family • TIA approved August 16,2018 Club detached housing units . 2020 build -out year The TIA required the following improvements made at SR 1576 (River Road) at The Cape Blvd • Provide a southbound, left -turn lane on River Road with 50 feet of storage, 50 feet of full -width deceleration and appropriate taper. Nearby Proposed Developments included within the TIA: • None Development Status: Built out ENVIRONMENTAL • The property is not within a Natural Heritage Area or the Special Flood Hazard Area. • The property is within the Lord's Creek watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class 1 suitable soils. The project is proposed to be served by Aqua. Z22-23 Staff Report BOC 3.6.2023 Page 10 of 20 Board of Commissioners - March 6, 2023 ITEM: 8 - 2 - 10 OTHER CONSIDERATIONS Schools • Students living in the proposed development would be assigned to Anderson Elementary School, Murray Middle School, and Ashley High School. Students may apply to attend public magnet, year-round elementary, or specialty high schools. • A maximum of 9 dwelling units would be permitted under the current R-15 zoning base density, and 12 units could potentially be developed under the proposed zoning for an increase of 3 dwelling units. Based on a generalized historic generation rate*, staff would estimate that the increase in homes would result in approximately 1 additional student than would be generated under current zoning. The general student generation rate provides only an estimate of anticipated student yield as different forms of housing at different price points yield different numbers of students. Over the past four years, staff has also seen a decline in the number of students generated by new development. Student numbers remained relatively stable between 2015 and 2020 (excepting the impacts of the COVID-19 pandemic), while 14,500 new residential units were permitted across the county. In addition, the student population is anticipated to only grow by approximately 1,300 students over the next 10 years based on the most recent New Hanover County Schools Facility Needs Study. Development Type Intensity Estimated Student Yield (current general student generation rate) * Existing Development Undeveloped Approximate** Total: 0 (0 elementary, 0 middle, 0 high) Typical Development Under 9 residential units Approximate** Total: 2 Current Zoning (1 elementary, 0 middle, 1 high) Proposed Zoning 12 residential units Approximate** Total: 3 (1 elementary, 1 middle, 1 high) *The current general student generation rate was calculated by dividing the New Hanover County public school student enrollment for the 2022-2023 school year by the number of dwelling units in the county. Currently, there are an average of 0.22 public school students (0.09 for elementary, 0.05 for middle, and 0.07 for high) generated per dwelling unit across New Hanover County. These numbers are updated annually and include students attending out - of -district specialty schools, such as year-round elementary schools, Isaac Bear, and SeaTech. **Because the student generation rate often results in fractional numbers, all approximate student generation yields with a fraction of 0.5 or higher are rounded up to a whole number and yields with a fraction of less than 0.5 are rounded down. This may result in student numbers at the elementary, middle, and high school levels not equaling the approximate total. Since the residential components associated with the proposed rezoning are likely to have a build -out date within 5 years per the Traffic Impact Analysis, staff has outlined existing school capacity to provide a general idea of the potential impact on public schools. Staff has provided information on existing school capacity to provide a general idea of the potential impact on public schools, but these numbers do not reflect any future capacity upgrades. Z22-23 Staff Report BOC 3.6.2023 Page 11 of 20 Board of Commissioners - March 6, 2023 ITEM: 8 - 2 - 11 School Enrollment* and Capacity** (2022-2023 School Year) Total Enrollment of Capacity of Capacity of Funded or Level NHC School Assigned Assigned Assigned Planned Capacity School School School Capacity w/Portables Upgrades Elementary 91 % Anderson 624 560 1 1 1 % None Middle 92% Murray 882 889 99% None High 99% Ashley 1983 1990 100% None *Enrollment is based on the New Hanover County Schools student numbers for the 2022-2023 school year. **Capacity calculations were determined based on the capacities for the 2022-2023 school year, and funded or planned capacity upgrades were those included in the Facility Needs Study presented by New Hanover County Schools to the Board of Education in January 2021. This information does not take into account flexible scheduling that may be available in high school settings, which can reduce the portion of the student body on campus at any one time. • The 2021 facility needs survey prepared by Schools staff indicates that, based on NC Department of Public Instruction (DPI) student growth projections and school capacity data, planned facility upgrades, combined with changes to student enrollment patterns, will result in adequate capacity district wide over the next ten years if facility upgrades are funded. NEW HANOVER COUNTY STRATEGIC PLAN • One of the goals of the New Hanover County Strategic Plan for 2018-2023 is to encourage the development of complete communities in the unincorporated county by increasing housing diversity and access to basic goods and services. • The predominant housing type in the area is single family detached at 72%. Due to the number of proposed units under the proposed R-5 district there would be no change to the percentage of housing type in this community area. • The subject property is located in the Veterans Park community area, where 84% of residents currently live within one mile of a community facility (public park, school, museum etc.). Due to the number of units proposed, the percentage of housing units within one mile of a community facility would not change. Z22-23 Staff Report BOC 3.6.2023 Page 12 of 20 Board of Commissioners - March 6, 2023 ITEM: 8 - 2 - 12 Representative Developments Representative Developments of R-15 (Existing Zoning): Cottage Grove Pages Corner Z22-23 Staff Report BOC 3.6.2023 Page 13 of 20 Board of Commissioners - March 6, 2023 ITEM: 8 - 2 - 13 Representative Developments of Convenience Store with Fuel Station (Proposed Development Circle K on Airport Road Representative Developments of R-5 (Proposed Development Wrightsville Place Z22-23 Staff Report BOC 3.6.2023 Page 14 of 20 Board of Commissioners - March 6, 2023 ITEM: 8 - 2 - 14 Leeward Village Z22-23 Staff Report BOC 3.6.2023 Page 15 of 20 Board of Commissioners - March 6, 2023 ITEM: 8 - 2 - 15 Context and Compatibility • The property is located adjacent to Carolina Beach Road with right -in / right -out access to the highway. • The property is located south of Veterans Park and the elementary, middle, and high schools; however, there is no pedestrian infrastructure in place and all traffic must travel to a U-turn movement on Carolina Beach Road to travel north. • The subject property is one of several undeveloped tracts along Carolina Beach Road and acts as a buffer between the highway and lower density single-family development to the west. • Most of the surrounding land is either undeveloped or used for single-family development. • There is a nearby convenience store with fuel stations, however, it is located north of Myrtle Grove Road and is only accessible to traffic traveling north on Carolina Beach Road. • The subject property is located adjacent to the Old Cape Cod residential subdivision to the south. • Due to the size of the parcel and access onto Carolina Beach Road, the property is less likely to be developed with lower density detached single family housing. • In addition to the setback and buffer requirements of the UDO, the applicant has agreed to additional exterior lighting conditions to reduce the potential impact on neighboring residential uses. • The applicant has proposed extending the right turn lane down to the access road used by the Old Cape Cod Neighborhood. • Directly to the north of this site along Carolina Beach Road, there is a TIA under consideration for a development that includes another convenience store and fuel stations abutting an apartment complex. A community meeting for that project was held in November, and staff currently anticipates that we will receive a full application for that item by the time the Board considers this rezoning request. Z22-23 Staff Report BOC 3.6.2023 Page 16 of 20 Board of Commissioners - March 6, 2023 ITEM: 8 - 2 - 16 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. Future Land Use Community Mixed Use Map Place Type Focuses on small-scale, compact, mixed use development patterns that serve Place Type all modes of travel and act as an attractor for county residents and Description visitors. Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi -family and single-family residential. Z22-23 Staff Report BOC 3.6.2023 Page 17 of 20 Board of Commissioners - March 6, 2023 ITEM: 8 - 2 - 17 The Comprehensive Plan designates this property and the majority of the Carolina Beach Road corridor as Community Mixed Use, a land use classification that promotes a mix of retail, office, and residential development at moderate densities up to 15 units per acre. This classification is generally applied to areas intended as community -level service nodes and / or transitions between lower density housing and higher intensity development. While this site is located south of the Monkey Junction Growth Node, it is in Analysis close proximity to another fuel station at the corner of Myrtle Grove Road, only accessible to northbound traffic on Carolina Beach Road. This proposed mixed -use project would provide a fuel station on southbound Carolina Beach Road in the B-1 portion, and in conjunction with the moderate density being proposed, would serve as a transition between the road corridor and the existing single-family housing development to the south. These types of transitional and neighborhood -serving uses are appropriate for the Community Mixed Use place type. The proposed R-5 zoning would provide housing in this area, which is also appropriate for the Community Mixed Use place type. The proposed rezoning is generally CONSISTENT with the 2016 Consistency Comprehensive Plan because it provides for the types of uses and Recommendation residential densities recommended for a Community Mixed Use place. The project will provide housing and commercial services to those along the Carolina Beach Road corridor and nearby residents. Z22-23 Staff Report BOC 3.6.2023 Page 18 of 20 Board of Commissioners - March 6, 2023 ITEM: 8 - 2 - 18 PLANNING BOARD ACTION The Planning Board considered this application at the February 2, 2023 meeting. Three members of the public spoke in opposition to the proposal, citing concerns about the increase in traffic and underground fuel storage tanks. The Planning Board voted to recommend approval of the petition (6-0) with the following conditions offered by the applicant: 1 . A private access easement will be dedicated to establish permanent access for the three properties to the rear of the development. 2. The bufferyard along the southern boundary will include an eight -foot -high screening fence with a pedestrian gate and sidewalk connection from the terminus of Southern Exposure roadway to the convenience store. 3. The owner will cancel the contract for the existing billboard on the site. The billboard will be removed prior to issuance of Certificate of Occupancy. 4. Exterior lighting, including luminaries and security lights, shall be arranged or shielded so as not to cast illumination in an upward direction above an imaginary line extended from the light sources parallel to the ground. Fixtures shall be numbered such that adequate levels of lighting are maintained, but that light spillage and glare are not directed at adjacent property, neighboring areas, or motorists. Light posts shall be no taller than twenty feet. The Board found it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it provides for the types of uses and residential densities for a Community Mixed Use place. The Board found RECOMMENDING APPROVAL of the rezoning request was reasonable and in the public interest because the project will provide housing and commercial services to those along the Carolina Beach Road corridor and nearby residents. STAFF RECOMMENDATION Based on the recommended uses and residential density for Community Mixed Use place types along with the context and compatibility with the surrounding area, staff concurs with the Planning Board's recommendation and suggests the following motion with the proposed conditions, along with two additional conditions to clarify the applicant's commitment to extend the right turn lane if permitted by NCDOT and to install sidewalks: I move to APPROVE the proposed rezoning. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it provides for the types of uses and residential densities for a Community Mixed Use place. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the project will provide housing and commercial services to those along the Carolina Beach Road corridor and nearby residents. Z22-23 Staff Report BOC 3.6.2023 Page 19 of 20 Board of Commissioners - March 6, 2023 ITEM: 8 - 2 - 19 Proposed Conditions: 1. A private access easement will be dedicated to establish permanent access for the three properties to the rear of the development. 2. The bufferyard along the southern boundary will include an eight -foot -high screening fence with a pedestrian gate and sidewalk connection from the terminus of Southern Exposure roadway to the convenience store. 3. The owner will cancel the contract for the existing billboard on the site. The billboard will be removed prior to issuance of Certificate of Occupancy. 4. Exterior lighting, including luminaries and security lights, shall be arranged or shielded so as not to cast illumination in an upward direction above an imaginary line extended from the light sources parallel to the ground. Fixtures shall be numbered such that adequate levels of lighting are maintained, but that light spillage and glare are not directed at adjacent property, neighboring areas, or motorists. Light posts shall be no taller than twenty feet. 5. The applicant will continue the proposed turn lane south to the public utility access unless not allowed by NCDOT. 6. The applicant will provide a sidewalk along the frontage of Carolina Beach Road and walks connecting to the proposed homes. 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 provides for the types of uses and the residential densities recommended for a Community Mixed Use place, 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. Z22-23 Staff Report BOC 3.6.2023 Page 20 of 20 Board of Commissioners - March 6, 2023 ITEM: 8 - 2 - 20 Case: Site Address: Existing Zoning/Use: Proposed Zoning/Use: N 6830 6844 ■ CarolinaBeach • E g e Water M h Rd • WII�III� ZONING 0 B-1 0 O&I I-2 0 R-10 0 R-15 CZD 0 Z22-23 C - e mum IMENNI M INA UM r i of CFF--- r imiss 0 er - M r J0230 250 500 U S Feet Case: Site Address: Existing Zoning/Use: Z22-23 6830 & 6844 Carolina Beach Rd Site Z22-23 Future Land Use GENERAL RESIDENTIAL COMMUNITY MIXED USE CONSERVATION 0 Z22-23 Proposed Zoning/Use: CZD B-1 & R-5 NW PA 0 250 500 US Feet I i I i I Case: Site Address: Existing Zoning/Use: Proposed Zoning/Use: N Z22-23 6830 & 6844 R-15 CZD B-1 & R-5 Carolina Beach Rd e-a �e t e a s iQt a Cup° c �o Site Z22-23 • 6844 • 6830 o_ m v S 6- Summer Tree�� Chi mhey to Southern Char Or ❑Neighboring Parcels (500 feet) Board of Co missioners - March 6, 2023 1 0 I 250 I 500 US Feet ITEM: 8 - 5 - 1 Initial Application Documents & Materials Board of Commissioners - March 6, 2023 ITEM: 8 - 6 - 1 NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 1 10 Wilmington, North Carolina 28403 Telephone (910) 798-7165 FAX (9 7 0) 798-7053 planningdevelopment.nhcgov.com CONDITIONAL ZONING APPLICATION This application form must be completed as part of a conditional zoning application submitted through the county's online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the application, are set out in Section 10.3.3 of the Unified Development Ordinance. (Optional) Pre -Application Conference 1. Applicant and Property Owner Information Applicant/Agent Name Owner Name (if different from Applicant/Agent) Cindee Wolf 6844 Bayat Land, L.L.C. Company Company/Owner Name 2 Design Solutions Address Address P.O. Box 7221 2 Wisteria Lane City, State, Zip City, State, Zip Wilmington, NC 28406 Lake Grove, NY 11755 Phone Phone 910-620-2374 910-599-4450 (Contact: John Izci) Email Email cwolf@lobodemar.biz johnny1861 @yahoo.com Board of Commissioners - March 6, 2023 Page 1 of 6 ITEM: 8 - 7 -Caonditional Zoning District Application — Updated 05-2021 2. Subject Property Information Address/Location Parcel Identification Number(s) 6830 & 6844 Carolina Beach Road 313214.34.9634 & 313214.34.9816 Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification 3.83 Ac.+/- R-15 Community Mixed -Use 3. Proposed Zoning, Use(s), & Narrative Proposed Conditional Zoning District: (CZD) B-1 & R-5 Total Acreage of Proposed District: (See Below) Please list the uses that will be allowed within the proposed Conditional Zoning District, the purpose of the district, and a project narrative (attach additional pages if necessary). Note: Only uses permitted in the corresponding General Use District are eligible for consideration within a Conditional Zoning District. The proposed project is to develop a convenience store with fuel sales along the highway frontage and buffer the commercial use from the single-family residences behind the tract with new residential townhomes to act as a transitional buffer. CZD / B-1 = 2.00 ac.+/- (6000 s.f. Convenience Store) CZD / R-5 = 1.83 ac.+/- (12 - Single-family Attached Residences) 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. Access to the three (3) residential parcels to the rear of the subject property exists but is undocumented. A private access easement will be dedicated to establish permanent right-of-way for those properties. The bufferyard along the southern boundary will include an eight (8) foot high screening fence with a pedestrian gate and sidewalk connection from the terminus of Southern Exposure roadway to the convenient store. Exterior lighting, including luminaries and security lights, shall be arranged or shielded so as not to cast illumination in an upward direction above an imaginery line extended from the light sources parallel to the ground. Fixtures shall be numbered such that adequate levels of lighting are maintained, but that light spillage and glare are not directed at adjacent property, neighboring areas, or motorists. Light posts shall be no taller than twenty (20) feet. Board of Commissioners - March 6, 2023 Page 2 of 6 ITEM: 8 - 7-6onditional Zoning District Application — Updated 05-2021 5. Traffic Impact Please provide the estimated number of trips generated for the proposed use(s) based off the most recent version of the Institute of Traffic Engineers (ITE) Trip Generation Manual. A Traffic Impact Analysis (TIA) must be completed for all proposed developments that generate more than 100 peak hour trips, and the TIA must be included with this application. 6000 s.f.+/- 12+/- ITE Land Use: Convenience Market w/ Gas Pumps (945) / Attached SF Residential (215) Trip Generation Use and Variable (gross floor area, dwelling units, etc.) per Fueling Station / per dwelling unit AM Peak Hour Trips: 506 + 9 = 515 PM Peak Hour Trips: 430 + 10 = 440 6. Conditional Zoning District Considerations The Conditional Zoning District procedure is established to address situations where a particular land use would be consistent with the New Hanover County 2016 Comprehensive Plan and the objectives outlined in the Unified Development Ordinance and where only a specific use or uses is proposed. The procedure is intended primarily for use with transitions between zoning districts of dissimilar character where a particular use or uses, with restrictive conditions to safeguard adjacent land uses, can create a more orderly transition benefiting all affected parties and the community at -large. The applicant must explain, with reference to attached plans (where applicable), how the proposed Conditional Zoning district meets the following criteria. 1. How would the requested change be consistent with the County's policies for growth and development, as described in the 2016 Comprehensive Plan, applicable small area plans, etc. The policies for growth and development encourage continued efforts to attract new business. Sustainability of the County depends on sensible in -fill and maximizing use of lands. The proposed development will provide a location -efficient service to the existing pass -by traffic and extensive residential development occuring in this area of the County. Board of Commissioners - March 6, 2023 Page 3 of 6 ITEM: 8 - 7 -donditional Zoning District Application — Updated 05-2021 2. How would the requested Conditional Zoning district be consistent with the property's classification on the 2016 Comprehensive Plan's Future Land Use Map. The Comprehensive Land Use Plan identifies the subject tract as being in a "Community Mixed -Use" place -type. A variety of uses, including commercial services, are appropriate. Whereas there are multiple convenience / fuel opportunities along a the eastern / northbound stretch of Carolina Bech Road, there is not a single one along the western / southbound roadway from Cathay Road until getting over the Snows Cut bridge and into the Town of Carolina Beach. Location efficiency of having services convenient to travel patterns aids in better traffic circulation while limiting unnecessary additonal turning movements. 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? Carolina Beach Road is an arterial roadway that supports vehicular circulation for this southern portion of the County and all of Pleasure Island. The R-15 district and a low -density of homes are certainly no longer appropriate for this land. Board of Commissioners - March 6, 2023 Page 4 of 6 ITEM: 8 - 7 -conditional Zoning District Application — Updated 05-2021 Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under "Applicant Initial". If an item is not applicable, mark as "N/A". Applications determined to be incomplete must be corrected in order to be processed for further review; Staff will confirm if an application is complete within five business days of submittal. Application Checklist ❑ This application form, completed and signed Application fee: Applicant Initial CAW ❑ • $600 for 5 acres or less • $700 for more than 5 acres • $300 in addition to base fee for applications requiring TRC review CAW ❑ Community meeting written summary CAW ❑ Traffic impact analysis (if applicable) ❑ Legal description (by metes and bounds) or recorded survey Map Book and Page Reference of the property requested for rezoning CAW Conceptual Plan including the following minimum elements: ❑ Tract boundaries and total area, location of adjoining parcels and roads • Proposed use of land, building areas and other improvements o For residential uses, include the maximum number, height, and type of units; area to be occupied by the structures; and/or proposed subdivision boundaries. o For non-residential uses, include the maximum square footage and height of each structure, an outline of the area structures will occupy, and the specific purposes for which the structures will be used. • Proposed transportation and parking improvements; including proposed rights -of -way and roadways; proposed access to and from the subject site; arrangement and access provisions for parking areas. • All existing and proposed easements, required setbacks, rights -of -way, and buffers. • The location of Special Flood Hazard Areas. • A narrative of the existing vegetation on the subject site including the approximate location, species, and size (DBH) of regulated trees. For site less than 5 acres, the exact location, species, and sized (DBH) of specimen trees must be included. • Approximate location and type of stormwater management facilities intended to serve the site. • Approximate location of regulated wetlands. • Any additional conditions and requirements that represent greater restrictions on development and use of the tract than the corresponding general use district regulations or additional limitations on land that may be regulated by state law or local ordinance CAW ❑ One (1) hard copy of ALL documents and site plan. Additional hard copies may be required by staff depending on the size of the document/site plan. CAW ❑ One (1) digital PDF copy of ALL documents AND plans CAW Board of Commissioners - March 6, 2023 Page 5 of 6 ITEM: 8 - 7-C6onditional Zoning District Application — Updated 05-2021 7. Acknowledgement and Signatures By my signature below, I understand and accept all of the conditions, limitations, and obligations of the Conditional Zoning District zoning for which I am applying. I understand that the existing Official Zoning Map is presumed to be correct. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. If applicable, I also appoint the applicant/agent as listed on this application to represent me and make decisions on my behalf regarding this application during the review process. The applicant/agent is hereby authorized on my behalf to: 1 . Submit an application including all required supplemental information and materials; 2. Appear at public hearings to give representation and comments; 3. Act on my behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of this application; and 4. Pro We wr' n consent to any and all conditions of approval. X Fulya Evren Bayat - Managing Member 1 Signatur of/ roperty Owner Print Name(s) 6844 Bayat Land, LLC x Cynthia Wolf - Design Solutions Signature of Applicant/Agent Print Name Note. This form must be signed by the owner(s) of record. If there are multiple property owners, a signature is required for each owner of record. If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will be colendared for the next meeting and no fee will be required. if delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligafion to grant the continuance. if the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. Page 6 of 6 Board of Commissioners - IdIAMh An2023ning District Application — Updated 05-2021 ITEM: 8 - 7 - 6 REPORT OF COMMUNITY MEETING REQUIRED BY NEW HANOVER COUNTY ZONING ORIDINANCE FOR CONDITIONAL DISTRICT REZONINGS Project Name: Bayat Mixed -Use (6830 & 6844 Carolina Beach Road) Proposed Zoning: R-15 to CZD / B-1 (2.00 ac.+/-) & CZD / R-5 (1.83 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 April 25, 2022 . A copy of that written notice and site layout are also attached. The meeting was held at the following time and place: Wednesday, May 11t" 6:00 p.m.; at the Veteran's Park Picnic Shelter #2, 355 Halyburton Memorial Parkway. The persons in attendance at the meeting were: Reference attached sign -in list The following issues were discussed at the meeting: A brief presentation was given on the Comprehensive Land Use Plan, the absence of a convenience store on the western side of Carolina Beach Road from those at Cathay Road all the way across the Snows Cut bridge, and the housing deficit in the County. The layout of the plan was shown and uses explained. There was conversation concerning the undocumented accesses to the rear residences, and commitment was made to dedicate an easement. The residents of Old Cape Cod community were adamant that they did not want the stubbed right-of-way of Southern Exposure Road to be connected to the project. Questions and concerns were also voiced about environmental considerations of the underground tanks, lighting, and overall effects of commercial activity. stormwater management requirements were explained. The proposed plan is intended to address as many of the issues as possible. Date: Seatember 1, 2022 Applicant: Design Solutions By: Cindee Wolf Board ot Uommissioners - March ITEM: 8 - 8 - 1 Community Information Meeting Myrtle -South Convenience Date: May 11, 2022 Name Address Email (Optional) Lois Dewitt 6905 Southern Exposure Tel. 910-547-8115 Alexander Jacobs 6834 Carolina Beach Rd Tel. 910-508-0187 L54,0n W�tliaM,S C100 Sc,; k.CrA QZ°^ 6 Ia vc fe'p, J �/!� o� � n i � �Lzza.l �! S S 0LA I- cr v\ C11aV-KA. -DDi- `� �Z h � �� -- 2� � - �� ss __'�hr- r I A L) vm Ce"Ol ad K\ NRAr,Sn c��us� All n v, o,) 7 1-7 :,D, (o —7 R S SO�L�( ��° - a?(79- IIS `� Q ,,,t- \�x t r� Nio) s �� Gam4l Cm go scm TWso,_ b)2 (_O- Io Aa C'�e\. SSA �o; i 6ctt3 sac�kh�wr.� �c�o yzt. quo • -S Q3 ��L3 John Izci Project Manager johnny1861@yahoo.com Cindee Wolf Project Planner cwolf@lobodemar.biz Board of Commissioners - March 6, 2023 ITEM: 8 - 8 - 2 Community Information Meeting Myrtle -South Convenience Date: May 11, 2022 Name Address Email (Optional) c "off Board of Commissioners - March 6, 2023 ITEM: 8 - 8 - 3 ---------- Forwarded message ---------- We are owners of the property at 6909 Southern Exposure. As owners, we are very concerned about a pump fueling station being put in near our property. What kind of effect will it have on our community? Are there health risks involved for us? Concerning the convenience store, we are concerned that people not living here will be walking through our neighborhood. Will vagrants, groups, drunks, be walking in front of our house at all hours? We are also concerned about noise, as we live in a fairly quiet neighborhood. Additional noise from cars pulling in and out to get gas and ect...... And traffic issues on an already very busy road - Carolina Beach. We already have trouble getting out and across CB road. Thank you for considering our concerns. Rick and Gayle Simmons Sent from AOL Mobile Mail Board of Commissioners - March 6, 2023 ITEM: 8 - 8 - 4 I w w 4 e .: a m � & N y m « � & _ ■ ®Z\ m d /23: # yPM W m=U- r 0 w y tm® m =- j<Ru am® � /} w uQf w � e ■_ m _s ~� E A * � ® m M Board of Commissioners - March ¢2 2 ITEM: 8-8-5 674$ • 748 6748 ■ — ■6`748 6748 • 6748 6748 67 --- 6748 ■ :748 6748 :74$:748'II 6752 13 Emu ■, El u 113 6834 6820 ■ ■ ❑ ❑ 6824 ■ 6838 13 6828 ❑ 0 ❑ 67623760 I� I II I III ❑ ■ I �I 6814 Fm- 680$ ■ 6759 x1NG I I n 'I 'I I 6 4 v �— ■ rn ', � II 8 ❑ ■6830 I 700� 1 II _ S r 6854 ❑ 6900 III -I'I . 02 ■3 902, IIII II ,6 =il -- 0 7 I ■� ❑ __ - _ 6 904 III 69� —706 _❑_ --= 6906 II Y 6 708 - 13 m • I"gssos 6 0 ■ I SUMMER -TREE LN --�~ = 6910 = 6®7 = --T72 `.., J` �- • 1 I 802304 812894 816878 ---_�' _' ='_. ❑8 25 ❑ . 6972 }'— - ter={ I�j �� ; !'I • r 806�80$870 • , ■810 822 5 -❑ �� ■ I + 804 '.....,,.. ■ 3� 875 823� + / ❑ ■ `830 ❑■ g 4 ■� if . `'` - ■ -7❑ 1 I ❑t : 827 ; f ❑ ❑ � m6918 1 IA ` 6920 % f / . ;% 8810 16 818 820 6922 ■ V f ■ ■ . gc�8 Igrs - ar �95T J' ` �1 6927 I I I I 1 1 FTE 8.6 1■ I■ 6926r II ■ 909 90 9057 ' i ■ - � I 07 i : 00 L CUPOLA 68❑ ■ 13 841 6857 ■ � ■ I ❑ II ❑ I 6877 01 ■ 851 ■ 13/ .102 105 /jam ■ I _ 6897 j 110-- ■ I I ■ 'I I 114 I II I ■ 'I I New Hanover County, NC I New Hanover Count PROPERTY OWNERS WITHIN 500' PERIMETER OF 6844 CAROLINA BEACH RD: OWNER ADDRESS CITY / STATE / ZIP PROPERTY ADDRESS 6901 SOUTHERN EXPOSURE LTD 2840 COLLEGE RD S WILMINGTON, NC 28412 6901 SOUTHERN EXPOSURE WILMINGTON ALFORD JACK AJR 6916 SOUTHERN EXPOSURE WILMINGTON, NC 28412 6916 SOUTHERN EXPOSURE WILMINGTON ALTOMARE ANTHONY P 19 BIRCHWOOD CT BLAUVELT, NY 10913 804 SUMMER TREE LN WILMINGTON ANDERSON JOHN A PATRICIA E 822 SUMMERTREE LN WILMINGTON, NC 28412 822 SUMMER TREE LN WILMINGTON BARKER MICHAEL C ETAL 827 SOUTHERN CHARM DR WILMINGTON, NC 28412 827 SOUTHERN CHARM DR WILMINGTON BARR KIMBERLEE W DWAYNE ETAL 105 STURBRIDGE DR PISCATAWAY, NJ 08854 6814 CAROLINA BEACH RD WILMINGTON BAUCOM BRIAN M 615 TARBORO AVE CAROLINA BEACH, NC 28428 6906 SOUTHERN EXPOSURE WILMINGTON BEARDSWORTH RICHARD REV LIV TR ETAL 2431 ALFORD LANDING DR WILMINGTON, NC 28409 6912 SOUTHERN EXPOSURE WILMINGTON CAROLINA POWER & LIGHT CO PO BOX 1551 RALEIGH, NC 27602 6854 CAROLINA BEACH RD WILMINGTON CIRCLE K STORES INC PO BOX 52085 DC17 PHOENIX, AZ 85072 6759 CAROLINA BEACH RD WILMINGTON CLARK PALMA M TRUSTEE ETAL 6921 SOUTHERN EXPOSURE WILMINGTON, NC 28412 6921 SOUTHERN EXPOSURE WILMINGTON DECKER THOMAS 6919 SOUTHERN EXPOSURE WILMINGTON, NC 28412 6919 SOUTHERN EXPOSURE WILMINGTON DEENER CHRISTIN 7110 HOLLAND LN FRANKTOWN, VA 23354 6828 CAROLINA BEACH RD WILMINGTON DEENER CHRISTIN 7110 HOLLAND LN FRANKTOWN, VA 23354 6820 CAROLINA BEACH RD WILMINGTON DEENER CHRISTIN 7110 HOLLAND LN FRANKTOWN, VA 23354 6818 CAROLINA BEACH RD WILMINGTON DEENER CHRISTIN 7110 HOLLAND LN FRANKTOWN, VA 23354 6824 CAROLINA BEACH RD WILMINGTON DEWITT LOIS P 6905 SOUTHERN EXPOSURE WILMINGTON, NC 28412 6905 SOUTHERN EXPOSURE WILMINGTON ELLER KRISTA M 818 SUMMERTREE LN WILMINGTON, NC 28412 818 SUMMER TREE LN WILMINGTON FENNELL TRUST 24001 MARTINGALE WAY TEHACHAPI, CA 93561 824 SUMMER TREE LN WILMINGTON FERGUSON CHARLES ERNEST 6902 SOUTHERN EXPOSURE WILMINGTON, NC 28412 6902 SOUTHERN EXPOSURE WILMINGTON FORTY ELEVEN 02 LLC 221 WILLIAMS RD WILMINGTON, NC 28409 6801 CAROLINA BEACH RD WILMINGTON FOUSTJACQUELINE 817 SOUTHERN CHARM DR WILMINGTON, NC 28412 817 SOUTHERN CHARM DR WILMINGTON GANN GINAJ 819 SOUTHERN CHARM DR WILMINGTON, NC 28412 819 SOUTHERN CHARM DR WILMINGTON GREEN THOMAS 707 SOUTHERN CHARM DR WILMINGTON, NC 28412 707 SOUTHERN CHARM DR WILMINGTON GRETESTASO 823 SOUTHERN CHARM DR WILMINGTON, NC 28412 823 SOUTHERN CHARM DR WILMINGTON HAMILTON RICHARD J SANDRA B 110 CARROUSEL LN CARY, NC 27513 6910 SOUTHERN EXPOSURE WILMINGTON HANSON JUDITH SAUNDERS 105 CHIMNEY LN WILMINGTON, NC 28409 105 CHIMNEY LN WILMINGTON HARRIS HOWARD E ETAL 5311 DANDELION DR WILMINGTON, NC 28405 6838 CAROLINA BEACH RD WILMINGTON HARRIS HOWARD E JR 5311 DANDELION DR WILMINGTON, NC 28405 6840 CAROLINA BEACH RD WILMINGTON HATCHER BRANDY MAE ETAL 6760 CAROLINA BEACH RD WILMINGTON, NC 28412 6760 CAROLINA BEACH RD WILMINGTON HORTON GWENDOLYN GENEISE 18 SYRACUSE PL DURHAM, NC 27704 6808 CAROLINA BEACH RD WILMINGTON JACOBS ALEXANDER E JR 6834 CAROLINA BEACH RD WILMINGTON, NC 28412 6834 CAROLINA BEACH RD WILMINGTON JESSIE LOGAN M ETAL 802 SUMMERTREE LN WILMINGTON, NC 28412 802 SUMMERTREE LN WILMINGTON JONES ANDREA 2018 TREECREST PKWY DECATUR, GA 30035 6800 CAROLINA BEACH RD WILMINGTON LAND LEASE CAROLINA LLC 2004 BALMORAL PL WILMINGTON, NC 28405 6752 CAROLINA BEACH RD WILMINGTON LESLEY JEFFREY N 1121 MIL CUTOFF RD STE C201 WILMINGTON, NC 28405 808 SUMMER TREE LN WILMINGTON LOVINGOOD MICHAEL KIRSTEN SOSA 6920 SOUTHERN EXPOSURE WILMINGTON, NC 28412 6920 SOUTHERN EXPOSURE WILMINGTON LOWE JOHNSIE A 1309 LEWIS CARROLL CT CHARLOTTE, NC 28213 6857 CAROLINA BEACH RD WILMINGTON MCLAIN KATHERINE T 6915 SOUTHERN EXPOSURE WILMINGTON, NC 28412 6915 SOUTHERN EXPOSURE WILMINGTON MCNEEL TERESA K 6841 CAROLINA BEACH RD WILMINGTON, NC 28412 6841 CAROLINA BEACH RD WILMINGTON MEYER MITCHELL D PATRICIA R 1014 CAROLINA BCH AVE N APT B CAROLINA BEACH, NC 28428 814 SUMMER TREE LN WILMINGTON MEYER MITCHELL D PATRICIA R 1014 CAROLINA BCH AVE N APT B CAROLINA BEACH, NC 28428 806 SUMMER TREE LN WILMINGTON MILONE PATRICIA L 6918 SOUTHERN EXPOSURE WILMINGTON, NC 28412 6918 SOUTHERN EXPOSURE WILMINGTON MINNITTE BARBARA D TRUSTEE 814 KING ST RYE BROOK, NY 10573 101 CHIMNEY LN WILMINGTON MONTGOMERY AARON LUMA ETAL 812 SUMMERTREE LN WILMINGTON, NC 28412 812 SUMMER TREE LN WILMINGTON NANCE GARY K 801 SOUTHERN CHARM DR WILMINGTON, NC 28412 801 SOUTHERN CHARM DR WILMINGTON CFPUA 235 GOVERNMENT CENTER DR WILMINGTON, NC 28403 OLD CAPE COD OWNERS ASSOC INC 822 SUMMERTREE LN WILMINGTON, NC 28412 821 SUMMER TREE LN WILMINGTON OLD CHIMNEY HOMEOWNERS ASSOC PO BOX 1409 WILMINGTON, NC 28402 101 CHIMNEY LN WILMINGTON PHELPS KIM S 6917 SOUTHERN EXPOSURE WILMINGTON, NC 28412 6917 SOUTHERN EXPOSURE WILMINGTON PIKE ROBERTJR AMANDA 6904 SOUTHERN EXPOSURE BLV WILMINGTON, NC 28412 6904 SOUTHERN EXPOSURE WILMINGTON POIRIER PATRICK R J ETAL 6913 SOUTHERN EXPOSURE WILMINGTON, NC 28412 6913 SOUTHERN EXPOSURE WILMINGTON RADLEY CASEY DAVIS 6903 SOUTHERN EXPOSURE WILMINGTON, NC 28412 6903 SOUTHERN EXPOSURE WILMINGTON RAILEY KAREN W 4913 CORONADO DR WILMINGTON, NC 28409 821 SUMMER TREE LN WILMINGTON RECCHIA TARA CARL S 4564 GRAYSTONE DR NAZARETH, PA 18064 709 SOUTHERN CHARM DR WILMINGTON REYES MARIA CORAZON 6908 SOUTHERN EXPOSURE WILMINGTON, NC 28412 6908 SOUTHERN EXPOSURE WILMINGTON ROBINSON YOLANDA M 829 SOUTHERN CHARM DR WILMINGTON, NC 28412 829 SOUTHERN CHARM DR WILMINGTON RUSSELLJOSHUA APRIL 821 SOUTHERN CHARM DR WILMINGTON, NC 28412 821 SOUTHERN CHARM DR WILMINGTON SCOTT NANCY B REVOCABLE TRUST 226 BLACKBEARD RD E WILMINGTON, NC 28409 6923 SOUTHERN EXPOSURE WILMINGTON SIMMONS RICKY G ALTA G 6909 SOUTHERN EXPOSURE WILMINGTON, NC 28412 6909 SOUTHERN EXPOSURE WILMINGTON SMITH JUDSON C 703 SOUTHERN CHARM DR WILMINGTON, NC 28412 703 SOUTHERN CHARM DR WILMINGTON SPAHN JULIAN E 830 SUMMERTREE LN WILMINGTON, NC 28412 830 SUMMERTREE LN WILMINGTON STEELE MICHELLE M 810 SUMMERTREE LN WILMINGTON, NC 28412 810 SUMMER TREE LN WILMINGTON STRICKLAND LAURIE BRIGMAN 816 SUMMERTREE LN WILMINGTON, NC 28412 816 SUMMERTREE LN WILMINGTON TERHUNE DUSTIN ETAL 701 SOUTHERN CHARM DR WILMINGTON, NC 28412 701 SOUTHERN CHARM DR WILMINGTON TESZNAR PATRICIA ANN 825 SUMMERTREE LN WILMINGTON, NC 28412 825 SUMMERTREE LN WILMINGTON TILLER PROPERTIES LLC 1823 HAWTHORNE RD WILMINGTON, NC 28403 828 SUMMER TREE LN WILMINGTON TILLER PROPERTIES LLC 1823 HAWTHORNE RD WILMINGTON, NC 28403 826 SUMMERTREE LN WILMINGTON WILEY DANIELLE 705 SOUTHERN CHARM DR WILMINGTON, NC 28412 705 SOUTHERN CHARM DR WILMINGTON WILLIAMS CHARLES AJR LYNDAT 6110 SHILOH DR WILMINGTON, NC 28409 6907 SOUTHERN EXPOSURE WILMINGTON WILLIAMS CHARLES AJR LYNDAT 6110 SHILOH DR WILMINGTON, NC 28409 825 SOUTHERN CHARM DR WILMINGTON WILLIAMS WESTON B ETAL 6900 SOUTHERN EXPOSURE WILMINGTON, NC 28412 6900 SOUTHERN EXPOSURE WILMINGTON WILSON TANYA C 6911 SOUTHERN EXPOSURE WILMINGTON, NC 28412 6911 SOUTHERN EXPOSURE WILMINGTON YON MARIA M ROBERTO C 1012 ELSMORE DR NCN28104 820 SUMMER TREE LN WILMINGTON ZAZZALI JOANNA M 815 SOUTHERN CHAR08&d Of COfT1fT11S51Uf1�ES �MVA�TTT�HNE�WTSS,, � Wch 6, B UTHERN CHARM DR WILMINGTON ITEM: 8 - 8 - 7 • Design Sol r1460 �s April 25, 2022 To: Adjacent Property Owners From: Cindee Wolf Re: Myrtle -South Convenience The owners of the property at 6844 Carolina Beach Road are interested in developing a convenience facility for the area, along with a small townhome community. 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 that use, structures and layout 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, May 11t", 6:00 p.m., at the Veteran's Park Picnic Shelter #2. The location is off the parking lot north of the tennis courts, 355 Halyburton Memorial Parkway. If you cannot attend, you are also welcome to contact me at telephone # 910-620-2374, or email cwolf@lobodemar.biz with comments and/or questions. We appreciate your interest in the project, and look forward to being a good neighbor and an asset to the community. P.O. Sox 7221, WilmiKgtoK, NC 2.8406 * Telephone: 910-620-2374 * Email: cwolf@lobodeMar.biz Board of Commissioners - March 6, 2023 ITEM: 8 - 8 - 8 qq f Ex. 15' Private Access Esmt. — ---———————— ————————— — — — — —— ...�: i FHorton t f d Deener d — A Barr d 5 d � —— ——— — Deener Jacobs , 0, - �4j. , 1 • , /® Deener •.� .= w Harris � , 1 Deener Harris •�y Stub road —� - to property _ • • 1 boundary for y access 1 _ Willia'�I 1 1 I CP&L 71. _ m J _ ,. CD Rom` .. _ i• . � Concept Plan Board of Commissioners - March 6, 2023 ITEM: 8 - 9 - 1 o I I O I I� o Traffic I I n/f Signal at I Forty Myrtle Grove Rd. I Eleven 02, LLC I nter5ectlon n/f I I D.B. G456-2440 Kimberlee W Zoning: R- 15 n/f I I onmg: - 15 Dwayne Barr etal Land Use: Gwendol n Land Use: Residential y Zoning: R-1 5 ' Residential D.B. 5G49- 1779 Gene15e Horton Land Use: I 23° Residential I D.B. 0388- 198 I Laurel I 2" Oak I Oak 18" Laurel I I 5 87°2�`23 oak 25 �25 232.50' (iota 151 ccess Esmt. 20" �24 S 87°40'02" E1277 Oak 7-7 Oak 7 / aurel 20' Setback vegetated Bufferyard 6" oak 14"/15"/15" \ I Molly ak Oak Cluster 20' Set k 8 Fenced Bufferyard Loblolly Pine i 3�� •:..: Fine 1 2" 2" 5" Oak Oak Pine 14„ ` Pine 22" 12" \ 14"%P5U15" ( �y Oak N Pine Pine Pine Oak Ciuste•. 6l 29 I I Laurel 5 15" ` S 17 / - N Oak / Pine Pine / •.�. J 26 3" 15n�� X 22" k 12 GooO S.f. ± I I Dbl. Pine Pine Oak 7 22" 8 9 Convenience r 15 G Fine I\ I I n/f m \ / / Store Alexander E.Fine Jacobs, Jr. 1i3 ne \ \ I D.B. 4880- 1440 s / I I I 1 m Fine' Land Use: ZoR- 1 5 ° g z z Residentialrnn Pme 1 I I2° \Oak 23" S23" Pi SPine `Pine /nPine Pme 1 a I •.:^.` I J I5" / X ' 13" Oak /�V\ Pine Po 2plar I ♦ 20�� �3e Fire / Laurel I I Oak / Pine Oak Oak I 1 2 n •- / Poplar 7 3 Fine Oak 4" Oak 12 Pine 1 \ I 1 I c 1 Pine Oak ❑ 23" 1 2" 0" I I I I Pine Pme / Oak / ❑ / I / w \ Oak I JI I 23 ine I O Cluster ❑ ' 23" 15" Pme (all < 1611) Pine J .I o17m I uelmg 5tatlion n/f I / _ 9 Pine/ to its I GPump / ❑ I I Rdl ` I Howard E. I / 2 \ I Ce a I Ll) 23" a I I N c ❑ I I o Harrm is etal / N Fine Oak e I I 1 1O„ o ❑ D.B. 1 3G I - I G8 I I zo° oak o 13" Hickory 13" I I w Pme I Zoning: R- 15 I ° 2o I \ I 23" p _ Land Use: I o Fine o ° co Residential 5' 0.. / I \ line/ Oak 33" / Pecan / O I v Hardwood � 28" � Magnolia All I � — — — — \ 27 Laurel 1 Oak Laurel 3 \ (Ca Oak P / wty f /I bottom to \ J I breast hgt.) 27 \ r � Laurel 15"(— Oak I \ Fine I Ex. Property Line to be Abandoned Active \ Rec Area Fine I \ 8,G00 s.f.± 3" 2 \ Fine \ Cz n/f _ I \ — 45" I j \ \ Laurel Howard E. o \Oak 29" (Ro trot Harris, Jr. �� \� / \ ' I atbae) Oak k0 I _ coot rot D.B. 5G32-99G � I ccess Easement to � zo" at base) cs be decicated for �- 5" Pine ng i \ Pine Right -out Zornn R- 15 o existing driveway/ \ \ 3 " I g' I \ �8 _ Land Use: to�ad�acent pro ties. \ Pme y / only \\ Fire Residential \ 14" \ e I Fire Fire \ Pine 23" Fine Pine 30' \— Hickory 1 \ \ � / 24 / / 0� I Loblolly 22" 13" 23 I Pine 48„ \1 20' Fenced Bufferyard / �G Turkey 15" / Pine 2 45" / Oak Cedar Pn Laur I 21 Property / I N 88'08'04" W Ownership 273.06' I z6 6 48G.04' (Total) 25 2 — — Gap — — — Existing I — ---- — Driveway I I G' Access Esmt to CP*L (Ref. M.B. 3G/G) I In/f n/f G90 I Southern Zoning: R-1 5 I Weston B. Zoning: R-1 5 Exposure, Ltd. Land use: n/f Williams etal Land Use: D.B. 4500-001 Utility I Carolina Power Zonin : R- 15 Utility Li, * Lht Co. Land Use: D.B. G 103-748 D.B. 892-08G Utility Southern I N ........... Q) •�pNDS - � 46KN y yr) ��'a�-tip•• ........o Tree Preservation Notes: I . Tree Preservation / Removal Permit is required prior to clearing $ land disturbance. 2. Prior to any clearing, grading or construction activity, tree protection fencing will be installed around protected trees or groves of trees and no construction workers, tools, materials, or vehlCles are permitted within the tree protection fencing. 3. Protective fencing 15 to be maintained throughout the duration of the project. Land clearing and construction contractors shall receive adequate instruction on tree protection requirements and methods. 4. Label protective fencing with signs to be placed every 50 linear feet, or at least two (2) per area, in both English * Spanish "Tree Protection Area: Do Not Enter." i Exposure i �, I V► (50' Public RIM I 'U"Turn Aprox. Legend: 1 580' (" Note: These are preliminary preservation estimates t only included trees equal to or greater than regulated by Code. A I detailed tree protection plan, inclusive of non -regulated existing vegetation to be protected, will be provided during constuction permitting, along with specific mitigation calculations.) - Existing 51cjnificant Hardwood trees to be retained (14) - Existing regulated hardwood (� trees to be removed for esselltl1,0 Cape Code site improvements (2 1 ±) (Section I) - Existing Significant Pines or Cedar trees to be retained (2) _ Existing regulated Pine M.B. 3G/G trees to be removed for essential site improvements (47±) - Existing regulated hardwood trees to be retained (0) - Existing significant trees 20" Hickory removed for essential 29" laurel Oak site improvements (5) 30" Loblolly Pine Existing regulated Pine 24" Loblolly Pine trees to be retained (20) 33" Pecan 130 X 2 = 272" - Total Mitigation Reajd Note: Pines through the tract are Loblolly. No Longleaf Pines were identified. Project No.: 22-05 Scale: I"=30' Date: 08/3 1 /22 Revisons: Teresa K McNeel D.B. 1942-39G Zoning: R- 15 Land Use: Residential n/f John51e A Lowe D.B. 1 054- 100 Zoning: R-1 5 Land Use: Vacant Site Inventory Notes: I . Soils Types: Wa (Wakula fine sand) 2. This property is not Impacted by any AEC. 3. There are no Conservation Overlay boundaries affecting this property. 4. This site is not Impacted by any recognized historic or archeologlcal significance. 5. No cemeteries were evidenced on the site. G. Existing regulated trees have been located are Identified. No specimen trees were found on the tract. 7. There 15 no evidence ofjurlsdictional wetlands on the 5lte. 8. There 15 no evidence of endangered specles or habitat issues on the site. 9. No portion of thls tract 15 within a Special Flood Hazard Area as evidenced on FIRM Panel 37203 13200, dated August, 2018. 10. The 5lte drainage flows Into the Lords Creek watershed. Vicinity Map (No Scale) Utility Notes: I . Existing water and sanitary sewer services are currently available to the site from the AQUA America private utility system. 2. All utility services, such as electric power, CATV, gas * telephone shall be installed underground. 3. Solid waste disposal will be by contracted pickup by a private contractor / hauler. Development Data: CZD / B-1 Tract - Tract Area - 2.00 ac.± (87,075 s.f.±) Proposed Land Use - Convenience Market w/ Gas Pumps Total Bullding Area - 0000 s.f. Max. Building Height - 1-Story / 25' Parking - (@ 2.5 / 1 000 s.f. GFA) Min. Spaces Req'& = 15 ** Spaces Prov'd. = 15 ** Surface Coverage - Rooftop * Canopy - I 1 ,000 s.f.± Pavement - 35,500 s.f.± Walks - 4,800 s.f.± Total - 5 1,300 s.f.± (58.9%) CZD / R-5 Tract - Tract Area - 1.83 ac.± (79,742 s.f.±) Proposed Land Use - Attached Single -Family Residences Den5lty - (@ 8 units / acre) Units Permitted - 15 ** Units Proposed = 12 - 313R ** Total Bullding Area - @ 1 500 s.f. / unit = 18,000 s.f. GFA Max. Building Height - 2-5tory / 25' Parking - (@ 2.5 / 1 000 s.f. GFA) Min. Spaces Recjd. = 15 ** Spaces Prov'd. = 34 ** Surface Coverage - Rooftops - 1 0,800 5.f.± Pavement - I G,800 s.f.± Walks - 3,500 s.f.± Total - 3 1, 100 s.f.± (39.0%) Open Space - 1 .83 ac. X 20% = 15,342 s.f.± required Total Open Space Prov'd. - 8,000 s.f.± Active 17,200 s.f.± Passive 25,800 s.f.± (32.4%) Development Notes: I . All development shall be in accordance with the New Hanover County Zoning Ordinance. 2. Project shall comply with all Federal, State $ New Hanover County regulations. General Notes: I . New Hanover County Parcel Nos.: N 3 132 1 4.34.9G34 (G830) [PIE) R08200-001-018-0001 3 132 1 4.34.98 I G (G844) [PID R08200-001-014-0001 2. Tract Area: 3.83 ac.± 3. Zoning District: W Existing - R-1 5 Proposed - CZD/15- I * CZD/R-5 4. Comprehenslve Plan Classification: Community Mlxed-Use J Graphic Scale 30 20 10 0 15 30 60 E ITEM: 8 - 10 - 1 n/f Alexander E. Jacobs, Jr. D.B. 488G- 144G Zoning: R- 15 Land Use: Residential o I I O I I� o Traffic I I n/f Signal at I Forty Myrtle Grove Rd. I Eleven 02, LLC Intersection II D.B. G458-2440 n/f `v Kimberlee W Zoning: R- 15 - 15 n/f Dwayne Barr etal Land Use: I IZoning: Gwendol n Land Use: y Zoning: R-15 1 Residential D.B. 5G49-1779 Residential Geneise Horton Land Use: I 23^ Residential I 1 D.B. G388-1981 Wird 2" Oak Oak I Oak O 18" I S 87°2 3' 20° Laurel Oak 25 .1 5 232.50' (iota 15' ccess Esmt. I I 12nrcf— I t4olly Oak Pine \ ` _ S 87°40'02" E —I -- I I 2J Oak 32" Laurel 6" 20' Stbk / eac#Vegetated Bufferyard 16" al, 7"/ Oak 14"/I5"/I5" \ I Oak Cluster I Loblolly �� Pine 20 Set k 4 fenced Bufferyard ' •: .: 12" Oak 1 5" Pine 13" Pine /^ 14" `Pine" 22" 12" \ Pena Pine 2" Oak 14"/T5:'/I5�"f�^/�`'�J-5�Oak I Pine 29" 5Laurel Oak Dbl. Pine Oak 5" 6 - � I Pine I 13 Pine Oak Cluste T, PIT ine 2" Pine 0000 5.f. ± III \ I I I Convenience StoreEL -am 1 \ \ 1 I r\ ".,., me 13„ x / 1 1 I l2 Oak /• 14" Oak 1 \'• 12 Pine 1 I� Pine 1 I � 23" 12�� 13" 0" ❑ I I I Pine\ Pme Oak / Oak ❑ / I 1 IV I �.J I 1 its 21 \ 1 I ' m 23" me 1 O Cluster ❑ ine 5" Pine (all a 6") Pine Pine / 5tat'ion \II I r o y ml Fueling rvf I / Pine y .PUmp / I0"I Howard E. I / 2 / o m ` 1 6 1 1 ❑ I 1 •' R d I / 1 1 ❑ I - I, Cear I N O 23 Oak 3" —g Harris eta I N Pme e I � 10° � o IJ.� ❑ � I D.B. 1 3G I - I GS I I 20" Oak 111 / o 13° Hickory 13" w IIJJ I I w Pme 1 Oak Zoning: R- 1 5 I m 23„ � 2 0 I \ 1 Land Use: I o P,ne o o I coo Residential 33" \ Pine / Oak Pecan \ / \ I (_•. I O / / 3 _ _� /1 _ — \ / \ 1 3" psi Z� Hardwood I --- 28 I \ � 111111 29" Magnolia -------- �\ \ 27" 3�� / / Oak 1 C Laurel P (Cavity from n \ I I O � Oak bottom to / � breast hgt-) \ 27 J I • Laurel 5 Oak I Pine � Active I Ex. Property Line to be Abandoned Rec Area I5 I Pine \ (5,000 s.f.± 13" Pine n/f \ 45" Laurel .+ Howard E. o \ \ , \Oak \ 29" O I (Ro t rot Laurel Harris, Jr. I \\ ' I atba e) Oak kj R I D.B.ta-e) . 5G32-990 I ccess Easement to \ 2O, at base) be dedicated for 5" Fine o � \/— J� \ � >o R9ht Zoning: R- 1 5 o I ewsting driveway/ \ \ Pme 3 " I 1�8 only I Land Use: z to�ad�acent grope t1es. \ Pine Fire / Residential \\ \ 4" 22" \ Pme Pine 23" / Pine Pine / I 8" \ � P1me o O I Hickckory 1 \ 24" Loblolly - 'Q 22 � I Pine 23 13" � � I Pine 48„ \ 20Fenced Bufferyard / Turkey 15" / Pine 2 45" Oak Cedar Pn Laur I I 21 Property 273.00 I Ownership N 88°08'04" W 26 486.04' (rotal) I 6' 25 k Gap — — — — Existing I Driveway I I G' Access Esmt to CP*L (Ref. M.B. 3G/G) n/f n/f G90I Southern I Zoning: R- 15 Weston B. Zoning: R- 15 Exposure, Ltd. Land Use: n/f Williams etal Land Use: D.B. 4500-001 Utility I Carolina Power Zonin : R- 15 Utility * Light Co. Land Use: D.B. G I G3-748 D.B. 892-08G Utility Southern I Tree Preservation Notes: I . Tree Preservation / Removal Permit 15 required prior to clearing * land dl5turbance. 2. Prior to any clearing, grading or construction activity, tree protection fencing will be installed around protected trees or groves of trees and no construction workers, tools, materials, or vehicles are permitted within the tree protection fencing. 3. Protective fencing 15 to be maintained throughout the duration of the project. Land clearing and construction contractors shall receive adequate instruction on tree protection requirements and methods. 4. Label protective fencing with signs to be placed every 50 linear feet, or at least two (2) per area, in both En6jll5h * Spanish "Tree Protection Area: Do Not Enter." i Exposure i (50' Fubllc F/W) I "U"Turn Aprox. Legend: 1580' (** Note: These are preliminary preservation estimates 4 only included trees ec(ual to or greater than regulated by Code. A I detailed tree protection plan, inclusive of non -regulated existing vegetation to be protected, will be provided during con5tuction permitting, along with specific mitigation calculations.) - Existing Significant hardwood trees to be retained (1 4) - Existing regulated hardwoodse II Cape Code trees to be removed for el site improvements (2 1 ±) (Section I) - Existing Significant Pines or Cedar trees to be retained (2) {� \ - Existing regulated Pine M.B. 3G/G trees to be removed for essential site improvements (47±) - Ex15tin6j regulated hardwood trees to be retained (G) fV} _ Ex15ting significant trees removed for essential 29" Hickory 29" Laurel Oak site improvements (5) 30" Loblolly Pine Ex15ting regulated Pine 24" Loblolly Pine trees to be retained (20) 33" Pecan 130 X 2 = 272" - Total Mitigation Rec('d Note: Pines through the tract are Loblolly. No Longleaf Pines were identified. Project No.: 22-05 Scale: 1"=30' Date: 08/3 1 /2 2 Revi5ons: Teresa K McNeel D.B. 1942-39G Zoning: R- 15 Land Use: Residential Johnnie A Lowe D.B. 1 054- 100 Zoning: R-1 5 Land Use: Vacant Site Inventory Notes: I . Soils Types: Wa (Wakula fine sand) 2. This property 15 not Impacted by any AEC. 3. There are no Conservation Overlay boundaries affecting this property. 4. This site 15 not Impacted by any recognized historic or archeological significance. 5. No cemeteries were evidenced on the site. G. Existing regulated trees have been located are identified. No specimen trees were found on the tract. 7. There 15 no evidence ofjurlsdictional wetlands on the site. 8. There 15 no evidence of endangered 51peCle5 or habitat Issues on the site. 9. No portion of thl5 tract 15 within a Special Flood hazard Area as evidenced on FIRM Panel 37203 13200, dated August, 2018. 10. The site drainage flows into the Lords Creek watershed. Vicinity Map (No Scale) Utility Notes: I . Existing water and sanitary sewer services are currently available to the site from the AQUA America private utility system. 2. All utility services, such as electric power, CATV, gas � telephone shall be installed underground. 3. Solid waste disposal will be by contracted pickup by a private contractor / hauler. Development Data: CZD / B-1 Tract - Tract Area - 2.00 ac.± (87,075 s.f.±) Proposed Land Use - Convenience Market w/ Gas Pumps Total Building Area - 0000 s.f. Max. Building Height - 1 -Story / 25' Parking - (@ 2.5 / 1 000 s.f. GFA) Min. Spaces Recjd. = 15 ** Spaces Prov'd. = 15 ** Surface Coverage - Rooftop � Canopy - 1 1,000 5.f.± Pavement - 35,500 s.f.± Walks - 4,800 5.f.± Total - 5 1,300 s.f.± (58.9%) CZD / R-5 Tract - Tract Area - 1.53 ac.± (79,742 5.f.±) Proposed Land Use - Attached Single -Family Residences Denslty - (@ 8 units / acre) Unit5 Permitted - 15 ** Units Proposed = 12 - 35R ** Total Building Area - @ 1 500 5.f. / unit = 18,000 5.f. GFA Max. Building Height - 2-Story/ 25' Parking - (@ 2.5 / 1000 s.f. GFA) Min. Spaces Req'd. = 15 ** Spaces Prov'd. = 34 ** Surface Coverage - Rooftops - 10,800 s.f.± Pavement - I G,800 5.f.± Walks - 3,500 s.f.± Total - 3 1 , 100 s.f.± (39.0%) Open Space - 1 .63 ac. X 20% = 15,942 s.f.± required Total Open Space Prov'd. - 8,000 s.f.± Active 17,200 s.f.± Passive 25,800 s.f.± (32.4%) Development Notes: I . All development shall be in accordance with the New Hanover County Zoning Ordinance. 2. Project shall comply with all Federal, State New Hanover County regulations. General Notes: I . New Hanover County Parcel Nos.: N 3 132 1 4.34.9G34 (G830) [PID R08200-001-018-0001 3 132 1 4.34.981 G (G844) [PID R08200-001-014-0001 2. Tract Area: 3.83 ac.± 3. Zoning District: W Existing - R-1 5 Proposed - CZD/15- I CZD/R-5 4. Comprehensive Plan Classification: Community Mlxed-Use S Graphic Scale 30 20 10 O 15 30 60 E ITEM: 8 - 11 - 1 Traffic Impact Analysis Board of Commissioners - March 6, 2023 ITEM: 8 - 12 - 1 DocuSign Envelope ID: BD540FE9-3799-46EC-808B-CD15968B1EDF Myrtle Grove Mixed -Use Development Wilmington, NC PREPARED FOR: 6844 Bayat Land, LLC November 8, 2022 PROJECT # 220201 w �w 2 Board of Commissioners - March YEA03 ITEM: 8 - 13 - 1 DAVEN'ORT DocuSign Envelope ID: BD540FE9-3799-46EC-808B-CD15968131 EDF DAVENPORT Transportation Impact Analysis Myrtle Grove Mixed -Use Development Wilmington, NC Prepared for 6844 Bayat Land, LLC November 8, 2022 Analysis by: Fatimah Al Alshaik Drafting/Graphics by: Fatimah Al Alshaik Reviewed by: R. Steven Epley, P.E. Erin Govea. P.E. Sealed by: R. Steve Epley, P.E. CA ��l _ • y y. 'aS 4 EAL. �` ocu8igned$94 11/8/2022 0 This document, together with the concepts and designs presented herein, is intended only for the specific purpose and client for which it was prepared. Reuse of, or improper reliance on, this document by others without written authorization and adaptation by DAVENPORT shall be without liability to DAVENPORT and shall be a violation of the agreement between DAVENPORT and the client. Home Office: Wilmington Regional Office: Serving the Southeast since 2002 119 Brookstown Ave. Suite PH1 5917 Oleander Dr, Suite 206 NC License: NC-2522 Winston-Salem, NC 27101 Wilmington, NC 28403 Main: 336.744.1636; Fax: 336.458.9377 Main: 910.251.8912; Fax: 336.458.9377 Board of Commissioners - March 6, 2023 ITEM: 8 - 13 - 2 DocuSign Envelope ID: BD540FE9-3799-46EC-808B-CD15968B1EDF DAVENPORT Myrtle Grove Mixed -Use Development — Transportation Impact Analysis New Hanover County, NC Prepared for 6844 Bayat Land, LLC 11 /8/2022 EXECUTIVE SUMMARY Myrtle Grove Mixed -Use development is located on an undeveloped tract of land on the west side of US 421 (Carolina Beach Road) south of SR 1492 (Myrtle Grove Road) in Wilmington, NC. It will consist of a 6,000-square-foot convenience store with 16 fueling positions and 18 single-family attached housing (townhomes). One access point will be constructed on US 421 (Carolina Beach Road). The expected build -out year for this development is 2025. Information regarding the property was provided by 6844 Bayat Land, LLC. DAVENPORT was retained to determine the potential traffic impacts of this development and to identify transportation improvements that may be required to accommodate the impacts of the new development traffic. The Transportation Impact Analysis (TIA) was performed based on the scope agreed upon with Wilmington Metropolitan Planning Organization (WMPO) and North Carolina Department of Transportation (NCDOT). This site has a trip generation potential of 515 trips in the AM peak hour and 435 trips in the PM peak hour. Based on the capacity analysis, recommendations have been given where necessary to mitigate the impacts of future traffic. Improvements are summarized in Table A and Figure A. In conclusion, this study has determined the potential traffic impacts of this development. Recommendations have been given to accommodate these impacts. The analysis indicates that with the recommended improvements in place, the proposed site is not expected to have a detrimental effect on transportation capacity and mobility in the study area. The recommendations in Figure A and in Table A should be constructed to comply with applicable NCDOT Policy on Street and Driveway Access to North Carolina Highways standards. 1 1/8/2022 220201 - Myrtle Grove Mixed -Use Development Board of Commissioners - March 6, 2023 ITEM: 8 - 13 - 3 DocuSign Envelope ID: BD540FE9-3799-46EC-808B-CD15968B1EDF DAVENPORT 1 1/8/2022 220201 - Myrtle Grove Mixed -Use Development Board of Commissioners - March 6, 2023 ITEM: 8 - 13 - 4 DocuSign Envelope ID: BD540FE9-3799-46EC-808B-CD15968131 EDF SPEED A LIMIT 7e7sTop 55 N 0 ROADWAY T 375' SR 1492 SPEED y TRAFFIC MOVEMENT ---------- ------------------------------------- 0 LIMIT (Myrtle Grove Road) n 45 BLACK = EXISTING 0 BLUE = PROPOSED AM / PM PEAKS m N w O O rn N Site Drive 1 N 1 1 1 Z a� w L N b rn LO L Hill Valley Walk N SPEED SIR 2364 LIMIT (Southern Charm Drive) • 0 ID *** NOT TO SCALE *** FIGURE A RECOMMENDED IMPROVEMENTS This document, together with the concepts and designs MYRTLE GROVE MIXED -USE presented herein, is intended only for the specific purpose DEVELOPMENT and client for which it was prepared. Reuse of, or improper W ILMINGTON, NC reliance on, this document by others without written US 421 authorization and adaptation by DAVENPORT shall be PROJECT NUMBER 220201 without liability to DAVENPORT and shall be a violation of the agreement between DAVENPORT and the client. (Carolina Beach Road) Board of Commissioners - March 6, 2023 ITEM: 8 - 13 - 5 DocuSign Envelope ID: BD540FE9-3799-46EC-808B-CD15968131 EDF 0. DAVENPORT Myrtle Grove Mixed -Use Development — Transportation Impact Analysis New Hanover County, NC Prepared for 6844 Bayat Land, LLC 11 /8/2022 Table of Contents EXECUTIVE SUMMARY................................................................................................ 1 1.0 Introduction............................................................................................................. 2 Figure1 — Site Plan................................................................................................................. 3 Figure2A — Site Location Map............................................................................................... 4 Figure2B — Vicinity Map......................................................................................................... 5 2.0 Existing Conditions................................................................................................ 6 2.1 Inventory.............................................................................................................................. 6 2.2 Existing Traffic Volumes................................................................................................... 6 Figure 3 — Existing Lane Geometry ....................................................................................... 7 Figure 4 — 2022 Existing Traffic Volumes............................................................................ 8 3.0 Approved Development and Committed Improvements ..................................... 9 3.1 Approved Developments.................................................................................................. 9 3.2 Committed Improvements................................................................................................ 9 4.0 Methodology........................................................................................................... 9 4.1 Base Assumptions and Standards.................................................................................. 9 4.2 Growth Rate........................................................................................................................ 9 4.3 Future No Build Volumes.................................................................................................. 9 4.4 Trip Generation................................................................................................................ 10 4.5 Trip Distribution................................................................................................................ 11 4.6 New Site and Pass -By Trips.......................................................................................... 11 4.7 Future Build Volumes...................................................................................................... 11 Figure 5 — Future No Build Volumes................................................................................... 12 Figure 6 — Primary Trip Distribution.................................................................................... 13 Figure7 — Primary Site Trips................................................................................................ 14 Figure 8 — Pass -By Trip Distribution................................................................................... 15 Figure9 — Pass -by Site Trips............................................................................................... 16 Figure10 — Total Site Trips.................................................................................................. 17 Figure 11 — Future Build Volumes....................................................................................... 18 5.0 Capacity Analysis................................................................................................. 19 5.1 Level of Service Evaluation Criteria.............................................................................. 19 5.2 Queuing Evaluation......................................................................................................... 19 5.3 Level of Service and Queue Results............................................................................ 20 6.0 Summary and Conclusion................................................................................... 26 Figure 12—Recommended Improvements..........................................................................27 Appendix...................................................................................................................... 28 11/8/2022 220201 - Myrtle Grove Mixed -Use Development Board of Commissioners - March 6, 2023 ITEM: 8 - 13 - 6 DocuSign Envelope ID: BD540FE9-3799-46EC-808B-CD15968B1EDF DAVENPORT Myrtle Grove Mixed -Use Development — Transportation Impact Analysis New Hanover County, NC Prepared for 6844 Bayat Land, LLC 11 /8/2022 1.0 Introduction The proposed development is to be located on an undeveloped tract of land on the west side of US 421 (Carolina Beach Road) south of SR 1492 (Myrtle Grove Road) in Wilmington, NC. The site plan shows a mixed -use development with a 6,000-square- foot convenience store with 16 fueling positions and 18 single-family attached housing (townhomes) and is provided in Figure 1. The planned build -out year for this development is 2025. One access point will be constructed on US 421 (Carolina Beach Road). A site location map and a vicinity map are provided in Figures 2A and 2B, respectively. DAVENPORT was retained to determine the potential traffic impacts of this development and to identify transportation improvements that may be required to accommodate the impacts of the new development traffic. The following intersections were included in the study: 1. US 421 (Carolina Beach Road) at SR 1492 (Myrtle Grove Road) (signalized) 2. US 421 (Carolina Beach Road) at SR 2364 (Southern Charm Drive)/ Hill Valley Walk (RCI - unsignalized) 3. US 421 (Carolina Beach Road) at Site Access (future right-in/right-out) These intersections were analyzed during the AM and PM peak hours for the following conditions: • 2022 Existing Conditions. • 2025 Future No Build Conditions. • 2025 Future Build Conditions. • 2025 Future Build Conditions with Improvements. This Transportation Impact Analysis (TIA) was performed based on the scope agreed upon with Wilmington Metropolitan Planning Organization (WMPO) and North Carolina Department of Transportation (NCDOT). Information regarding the property was provided by 6844 Bayat Land, LLC. 11/8/2022 220201 - Myrtle Grove Mixed -Use Development 2 Board of Commissioners - March 6, 2023 ITEM: 8 - 13 - 7 DocuSign Envelope ID: BD540FE9-3799-46EC-808B-CD15968131 EDF I I I I I 9 ID I 12 13 14 I I I I 15 I� I 8 I I 7 I i7 I E �I 5 I� �Ib bIN -I 4 Sto rnwater Pond I I 3 I I 2 I I i as setback ` — L — — — I d Fenced BuFfayard _ FIGURE 1 =SITE PLAN oard of Commissioners - March 6, 2023 1 - ►'• #r r a g C[ IfiARC•� _r, y _ 0. 'ram. � � `a ■ • 'w ��M1�.-- L R4 r _ "pi�l1►1(alle.y�lNa+j ... �-.� a Ro+...�Boaeman Rd-•+-,..i .. dK FIGURE 2A SITE INDICATOR Colffloat SITE LOCATION MAP of Commissioners - March 6 2023 C i r egreralL, ..��� JW --ems' s •r . ir- f FIGURE 2B STUDY INTERSECTIONS VICINITY MAP EXISTING • PROPOSED • Commissioners - March 6, 2023 DocuSign Envelope ID: BD540FE9-3799-46EC-808B-CD15968131 EDF 0. DAVENPORT 2.0 Existing Conditions 2.1 Inventory Table 2.1 presents a summary of the study area roadways. Figure 3 presents the existing lane geometry. Table 2.1 - Street Inventory Typical 2019 Pavement Posted Maintained Facility Name Route # Cross AADT Width Speed By Section vpd Limit Carolina Beach Road US 421 4-lane 35,500 12-foot 55 MPH NCDOT divided lanes Myrtle Grove Road SR 1492 2-lane 5,100 12-foot 45 MPH NCDOT undivided lanes Southern Charm Drive SR 2364 2-lane not 12-foot 25 MPH NCDOT undivided available lanes Hill Valley Walk n/a 1-lane gravel n/a unknown avai atble 2.2 Existing Traffic Volumes Existing traffic volumes for this project were collected by True Direction Traffic Services, Inc. Table 2.2 shows the location, dates, and time periods of these counts. Traffic volumes were not balanced due to the presence of driveways and the distance between study intersections. Figure 4 shows existing AM and PM peak hour volumes. The full reports for these volumes can be found in the appendix. Table 2.2 - Traffic Volume Data Count Location: Date Taken: Time Periods: US 421 (Carolina Beach Road) at SR 1492 Wednesday, 7:00 AM — 9:00 AM (Myrtle Grove Road) February 16, 2022 4:00 PM — 6:00 PM US 421 (Carolina Beach Road) at SR 2364 Wednesday, 7:00 AM — 9:00 AM (Southern Charm Drive)/Hill Valley Walk February 16, 2022 4:00 PM — 6:00 PM 11/8/2022 220201 - Myrtle Grove Mixed -Use Development 6 Board of Commissioners - March 6, 2023 ITEM: 8 - 13 - 11 DocuSign Envelope ID: BD540FE9-3799-46EC-808B-CD15968131 EDF 0 0 0 SIGNAL . STOP ROADWAY y TRAFFIC MOVEMENT BLACK = EXISTING XXXX 2019 AADT VOLUMES 'O SCALE *** with the concepts and designs ided only for the specific purpose prepared. Reuse of, or improper nent by others without written ation by DAVENPORT shall be IPORT and shall be a violation of ,AVENPORT and the client. MYRTLE GROVE MIXED -USE DEVELOPMENT WILMINGTON, NC PROJECT NUMBER 220201 Board of Commissioners - March 6, 2023 ITEM: 8 - 13 - 12 DocuSign Envelope ID: BD540FE9-3799-46EC-808B-CD15968131 EDF SIGNAL A00 N . STOP w ROADWAY 4 ` 87/25 r 137 / 225 ~ TRAFFIC MOVEMENT SR 1492 00 (Myrtle Grove Road) 1 BLACK = EXISTING o v m N O N N AM / PM PEAKS N � M p, V . L 3/2 Hill Valley Walk 36 / 32 5/5 4/4 o SR2364 r 7/1a (Southern Charm Drive) 3 / 7 7. '1 1 a o *** NOT TO SCALEFIGURE This document, together with the concepts and designs 4 presented herein, is intended only for the specific purpose 2022 and client for which it was prepared. Reuse of, or improper TRAFFIC VOLUMES reliance on, this document by others without written authorization and adaptation by DAVENPORT shall be MYRTLE GROVE MIXED -USE without liability to DAVENPORT and shall be a violation of DEVELOPMENT the agreement between DAVENPORT and the client. US 421 WILMINGTON, NC ** A minimum of 4 vehicles per hour is analyzed for each (Carolina Beach Road) PROJECT NUMBER 220201 movement per NCDOT Congestion Management Guidelines Board of Commissioners - March 6, 2023 ITEM: 8 - 13 - 13 DocuSign Envelope ID: BD540FE9-3799-46EC-808B-CD15968131 EDF 0. DAVENPORT 3.0 Approved Development and Committed Improvements 3.1 Approved Developments Approved developments are developments that have been recently approved in the area, but not yet constructed. Per NCDOT, there are no approved developments to be included in this study. 3.2 Committed Improvements Committed Improvements are improvements that are planned by NCDOT, City of Wilmington, or a developer in the area, but which are not yet constructed. Per NCDOT, there are no committed improvements to be included in this study. 4.0 Methodology 4.1 Base Assumptions and Standards In general, the analysis for this project was conducted utilizing commonly accepted NCDOT standards. The following Table 4.1 contains a summary of the base assumptions: Table Growth Rate - .1 -Assumptions 1 % annually Analysis Software Synchro/SimTraffic Lane widths 12 feet Peak Hour Factor 0.90 Truck percentage 2% 4.2 Growth Rate An annual growth rate of 1.0% was approved by NCDOT/WMPO and was based on observed growth in the area along with consistency with adjacent TIAs. 4.3 Future No Build Volumes The 2025 future no build traffic volumes were computed by applying one percent (1.0%) compounded annual growth rate to the 2022 existing traffic volumes. Figure 5 shows 2025 future no build traffic volumes for AM and PM peaks. 11/8/2022 220201 - Myrtle Grove Mixed -Use Development 9 Board of Commissioners - March 6, 2023 ITEM: 8 - 13 - 14 DocuSign Envelope ID: BD540FE9-3799-46EC-808B-CD15968131 EDF 0. DAVENPORT 4.4 Trip Generation The proposed site development will contain a convenience store of up to 6,000 square feet with 16 fueling positions and 18 townhomes (single-family attached housing). The trip generation potential of this site was projected based on the 11th edition of ITE Trip Generation Manual. Table 4.2 presents the results. Table - .2 - ITE Trip Generation Myrtle Grove Mixed Use, Wilmington, NC Average Weekday Driveway Volumes 24 - Hour AM Peak PM Peak Two-Way Hour Hour Land Use ITE Land Size Data Volume Enter Exit Enter Exit Code Source Single -Family 215 18 Dwelling Adjacent - 130 3 6 6 4 Attached Housing Units Rate Gasoline/Service Vehicle Station with 945 16 Fueling Adjacent - 5,532 253 253 215 215 Convenience Market Positions Rate 6K S Ft Unadjusted Trips Internal Capture Overall % ('), (2) .. -- 0.0% 1.1 % Internal Capture: Retail Trips Reduction -- 0 0 0 -2 Internal Capture: Residential Trips Reduction -- 0 0 -2 -1 Total Internal Trips Reduction -- 0 0 -2 -3 Retail -- 253 253 215 213 Residential -- 3 6 4 3 Total External Full Build Trips Pass -By (LU 945) AM @ 76%, PM @ 75 % (3) -- 256 -192 259 219 -192 -161 216 -161 Pass -by permitted at 10% of Total Adjacent Volume -48 -48 -65 -65 Total Pass -by Reduction -- -48 Total Adjusted (Primary) Trips 0: Per NCHRP 684 internal Trip Capture Estimation Tool (See worksheets for (2) Internal Capture less than 10% of Full Build Unadjusted Trips d by 11th Edition methodology more information) Some visitors to the site will use both the gas station/convenience store and residential uses, which is considered "internal capture." To avoid double -counting trips, internal capture trips were calculated using the NCHRP 684 Internal Trip Capture Estimation Tool, yielding a reduction of 0% in the AM peak hour and 1.1 % in the PM peak hour. The worksheets for the internal capture are shown in the supporting documentation in the Appendix. Next, for a site of this type, trips are broken down into two categories: primary and pass - by trips. Primary trips are new trips that are not already on the road. Pass -by trips are existing traffic on the adjacent street (US 421) that will turn into the site, then exit to continue in the direction they were originally traveling. 11/8/2022 220201 - Myrtle Grove Mixed -Use Development 10 Board of Commissioners - March 6, 2023 ITEM: 8 - 13 - 15 DocuSign Envelope ID: BD540FE9-3799-46EC-808B-CD15968131 EDF 0. DAVENPORT 4.5 Trip Distribution Site trips for this proposed development were distributed based on the existing traffic patterns and engineering judgment. The primary trip distribution model is shown in Figure 6 with the resulting trips shown in Figure 7. The directional distribution for new primary site trips is: • 60% to/from the North on US 421 • 30% to/from the South on US 421 • 10% to/from the northeast on Myrtle Grove Road All pass -by trips are assumed to originate from the north on US 421 due to the ease of turning right into and out of the proposed development and nearby competitors. 4.6 New Site and Pass -By Trips New site trips were calculated based on taking the total unadjusted trips, subtracting the internal capture and the pass -by trips, and then multiplying that by the trip distributions. Pass -by trips for retail were determined to all be traveling southbound. The new site trips were added to the pass -by trips and the resulting total trips are shown in Figure 10. 4.7 Future Build Volumes Future Build volumes were computed as the sum of existing volumes plus one percent (1 %) growth rate, projected pass -by trips, and projected site trips. The resulting Future Build volumes are shown in Figure 11. 11/8/2022 220201 - Myrtle Grove Mixed -Use Development 11 Board of Commissioners - March 6, 2023 ITEM: 8 - 13 - 16 DocuSign Envelope ID: BD540FE9-3799-46EC-808B-CD15968131 EDF SIGNAL A00 N sroP ROADWAY 1 4 L 90/26 r 142 / 232 ~ TRAFFIC MOVEMENT SR 1492 (Myrtle Grove Road) 1 BLACK = EXISTING m I� N of N AM / PM PEAKS m � m � M M � �V V . ` 3/2 Hill Valley Walk 38 / 33 N m N M 6/6 �F N O rn 5/5 r SR 2364 r 6 / 15 m (Southern Charm Drive) 3 / 8 i '1 1 o m m NOT TO SCALE ***FIGURE 5 This document, together with the concepts and designs 2025 NO BUIILD presented herein, is intended only for the specific purpose TRAFFIC VOLUMES and client for which it was prepared. Reuse of, or improper reliance on, this document by others without written authorization and adaptation by DAVENPORT shall be MYRTLE GROVE MIXED -USE without liability to DAVENPORT and shall be a violation of DEVELOPMENT the agreement between DAVENPORT and the client. US 421 WILMINGTON, NC " A minimum of 4 vehicles per hour is analyzed for each (Carolina Beach Road) PROJECT NUMBER 220201 movement per NCDOT Congestion Management Guidelines jJ Board of Commissioners - March 6, 2023 ITEM: 8 - 13 - 17 DocuSign Envelope ID: BD540FE9-3799-46EC-808B-CD15968131 EDF �� A 0 SIGNAL N o . STOP 10% IN 4 o r SR 1492 ROADWAY o (Myrtle Grove Road) y TRAFFIC MOVEMENT ^ Z ? j BLACK = EXISTING e O O 0 M BLUE = PROPOSED 0 0 RIGIN/DESTINATION NODE z 0 0 I Site Drive 1 + 100% OUT �. O O 0 0 . L Hill Valley Walk O 70 % OUT > t 1 r z SR 2364 r M (Southern Charm Drive) 7 . '1 1 z FIGURE 6 TRIP DISTRIBUTION MYRTLE GROVE MIXED -USE *** NOT TO SCALE "' DEVELOPMENT This document, together with the concepts and designs WILMINGTON, NC presented herein, is intended only for the specific purpose US 421 and client for which it was prepared. Reuse of, or improper reliance on, this document by others without written (Carolina Beach Road) PROJECT NUMBER 220201 authorization and adaptation by DAVENPORT shall be without liability to DAVENPORT and shall be a violation of clk) DAVENPORT the agreement between DAVENPORT and the client. Board of Commissioners - March 6, 2023 ITEM: 8 - 13 - 18 DocuSign Envelope ID: BD540FE9-3799-46EC-808B-CD15968131 EDF A 0 SIGNAL 0 0 N m . STOP N O L 0/0 ROADWAY 1 4 r 21 / 15 a o SR 1492 TRAFFIC MOVEMENT O ^ ' 1 (Myrtle Grove Road) BLACK =EXISTING rn BLUE= PROPOSED v N N AM I PM PEAKS � o o N O Site Drive 1 211/151 _ 0 M a N . L 0/0 Hill Valley Walk 148 / 106 J* o� 0/0 ~ 1 r 0/0 v SR 2364 r 0/0 (Southern Charm Drive) 0/0 1 . '1 1 o *** NOT TO SCALE *** co O N This document, together with the concepts and designs `O presented herein, is intended only for the specific purpose FIGURE 7 and client for which it was prepared. Reuse of, or improper PRIMARY SITE TRIPS reliance on, this document by others without written authorization and adaptation by DAVENPORT shall be without liability to DAVENPORT and shall be a violation of US 421 the agreement between DAVENPORT and the client. MYRTLE GROVE MIXED -USE (Carolina Beach Road) DEVELOPMENT " A minimum of 4 vehicles per hour is analyzed for each W ILMINGTON, NC movement per NCDOT Congestion Management Guidelines PROJECT NUMBER 220201 Board of Commissioners - March 6, 2023 ITEM: 8 - 13 - 19 DocuSign Envelope ID: BD540FE9-3799-46EC-808B-CD15968131 EDF 9 *** NOT This dOcl presented and client reliance authorizat without lie the agrees Board of Commissioners - March 6, 2023 ITEM: 8 - 13 - 20 DocuSign Envelope ID: BD540FE9-3799-46EC-808B-CD15968131 EDF A 0 SIGNAL 0 0 N . STOP 0 0 0 o L 0/0 ROADWAY o SR 1492 TRAFFIC MOVEMENT O ^ ' 1 (Myrtle Grove Road) BLACK =EXISTING 0 0 0 BLUE= PROPOSED 0 0 0 AM I PM PEAKS v � Site Drive 1 48/651t 0 0 0 0 L 0/0 Hill Valley Walk 0/0 1 0 0 00 0/0 ~ t 1 to 0/0 0 0 SR 2364 r 0 / 0 (Southern Charm Drive) 0/0 1 . '1 1 *** NOT TO SCALE *** 0 0 This document, together with the concepts and designs presented herein, is intended only for the specific purpose FIGURE 9 and client for which it was prepared. Reuse of, or improper reliance on, this document by others without written PASS -BY SITE TRIPS authorization and adaptation by DAVENPORT shall be without liability to DAVENPORT and shall be a violation of US 421 the agreement between DAVENPORT and the client. MYRTLE GROVE MIXED -USE (Carolina Beach Road) DEVELOPMENT " A minimum of 4 vehicles per hour is analyzed for each W ILMINGTON, NC movement per NCDOT Congestion Management Guidelines PROJECT NUMBER 220201 Board of Commissioners - March 6, 2023 ITEM: 8 - 13 - 21 DocuSign Envelope ID: BD540FE9-3799-46EC-808B-CD15968131 EDF A 0 SIGNAL 0 0 N N m . STOP N O L 0 /0 ROADWAY 1 4 r 21 /15 a o SR 1492 TRAFFIC MOVEMENT O ^ ' 1 (Myrtle Grove Road) BLACK =EXISTING BLUE= PROPOSED v rn N N AM I PM PEAKS O N N � O � N Site Drive 1 259 /216 1 . 0 a M V N . L 0/0 Hill Valley Walk 148/106 1 o� o /o ~ t 1 r 4 4-- 0/0 v o SR 2364 r 0 /0 (Southern Charm Drive) 0 /0 1 . '1 1 *** NOT TO SCALE *** o v N This document, together with the concepts and designs presented herein, is intended only for the specific purpose FIGURE t and client for which it was prepared. Reuse of, or improper reliance on, this document by others without written TOTAL authorization and adaptation by DAVENPORT shall be without liability to DAVENPORT and shall be a violation of US 421 the agreement between DAVENPORT and the client. MYRTLE GROVE MIXED -USE (Carolina Beach Road) DEVELOPMENT " A minimum of 4 vehicles per hour is analyzed for each W ILMINGTON, NC movement per NCDOT Congestion Management Guidelines PROJECT NUMBER 220201 Board of Commissioners - March 6, 2023 ITEM: 8 - 13 - 22 DocuSign Envelope ID: BD540FE9-3799-46EC-808B-CD15968131 EDF A 0 SIGNAL 0 0 N N . STOP m m L 90 /26 ROADWAY 1 4 r 163 /247 a o SR 1492 TRAFFIC MOVEMENT O ^ ' 1 (Myrtle Grove Road) BLACK =EXISTING rn o v BLUE= PROPOSED 0 M v r M AM I PM PEAKS YeSSite Drive 1 2� M M N _ V M O N o m L 3/2 Hill Valley Walk 186 /139 o0 N � 6 /6 ~ i 4— 5/5 ro o SR 2364 r 8 /15 (Southern Charm Drive) 3 /8 . '1 1 *** NOT TO SCALE *** a \ This document, together with the concepts and designs presented herein, is intended only for the specific purpose FIGURE 11 and client for which it was prepared. Reuse of, or improper 2025 reliance on, this document by others without written authorization and adaptation by DAVENPORT shall be TRAFFIC VOLUMES without liability to DAVENPORT and shall be a violation of US 421 the agreement between DAVENPORT and the client. MYRTLE GROVE MIXED -USE (Carolina Beach Road) DEVELOPMENT " A minimum of 4 vehicles per hour is analyzed for each W ILMINGTON, NC movement per NCDOT Congestion Management Guidelines PROJECT NUMBER 220201 Board of Commissioners - March 6, 2023 ITEM: 8 - 13 - 23 DocuSign Envelope ID: BD540FE9-3799-46EC-808B-CD15968131 EDF 0. DAVENPORT 5.0 Capacity Analysis 5.1 Level of Service Evaluation Criteria The Transportation Research Board's Highway Capacity Manual (HCM) utilizes the term "level of service" (LOS) to measure how traffic operates in intersections and on roadway segments. There are currently six levels of service ranging from A to F as shown in Table 5.1. Level of service "A" represents low -volume traffic operations and level of service "F" represents high -volume, oversaturated traffic operations. Synchro traffic modeling software was used to determine the LOS and delay for studied intersections. For unsignalized intersection analyses, the LOS noted is for the worst approach of the intersection, which is typically the left -turn movement for the side street approach, due to the number of opposing movements. Worksheet reports from the analyses are provided in the Appendix. TableCapacity Levels of Service and Control Delay Criteria Signalized Intersection Unsignalized Intersection Level of Service Control Delay Per vehicle (seconds) Level of Service Delay Range (seconds) A < 10 A < 10 B >10and<20 B >10and<15 C >20and <35 C >15and<25 D >35and <_55 D >25and <_35 E >55and <_80 E >35and <_50 F >80 F >50 5.2 Queuing Evaluation A queuing analysis was performed using Synchro and SimTraffic simulation, based on a minimum 10-minute seeding, a 60-minute recording period, and 10 runs. The maximum SimTraffic queues and Synchro 95% queues are provided, along with the turn lane lengths. Queue reports can be found in the Appendix. 11/8/2022 220201 - Myrtle Grove Mixed -Use Development 19 Board of Commissioners - March 6, 2023 ITEM: 8 - 13 - 24 DocuSign Envelope ID: BD540FE9-3799-46EC-808B-CD15968B1EDF DAVENPORT 5.3 Level of Service and Queue Results The LOS and queue results are summarized in Tables 5.3.1 to 5.3.4. The results of the level of service analysis are discussed by intersection in the following paragraphs. Queues are shown to be contained by available storage during the AM and PM peak hours under each scenario. US 421 (Carolina Beach Road) at SR 1492 (Myrtle Grove Road) This signalized intersection currently operates at LOS B during the AM and PM peaks. The LOS is projected to remain the same for the Future No Build and Build conditions during the AM and PM peaks. The analysis shows that the northbound U-turn queue exceeds the available storage and should be extended from 100' feet of storage to 200 feet of storage. The northbound right -turn reports a max queue exceeding the storage length but SimTraffic observation showed minimal queue at intersection. US 421 (Carolina Beach Road) at Hill Valley Walk The southbound U-turn approach of US 421 (Carolina Beach Road) operates at LOS C during the AM and PM peaks under Existing and Future No Build conditions. Under Future Build conditions, the AM peak is projected to operate at LOS E while the PM peak hour remains LOS C. NCDOT has developed a methodology that provides guidance when determining the need for signalization at intersections with fewer than four legs, such as at a median U- turn opening. The document Guidelines for Signalization of Intersections with Two or Three Approaches provides charts to support the decision -making process. Applicable charts are presented in the Appendix. The chart indicates that only the AM peak hour was slightly above the 95-percent curve and the PM peak hour was well below the curve. The NCDOT Capacity Analysis Guidelines BEST PRACTICES document recommends "consider monitoring for signalization." A signal is not recommended because: • adequate storage is available to contain the U-turn queue, • there are no conflicting right -turn movements to the U-turn, • the approach delay is only LOS E during the AM peak hour, which is commonly observed for side streets under stop control when accessing a busy highway, • the approach is modeled as a stop condition but would operate under yield condition with expected lower delays, and • with the convenience store pass -by trips capped at ten percent for the primary land use the analysis is conservative. No improvements are recommended at this location. 11/8/2022 220201 - Myrtle Grove Mixed -Use Development 20 Board of Commissioners - March 6, 2023 ITEM: 8 - 13 - 25 DocuSign Envelope ID: BD540FE9-3799-46EC-808B-CD15968B1EDF DAVENPORT US 421 (Carolina Beach Road) and SR 2364 (Southern Charm Drive) The northbound stop -controlled approach of US 421 (Carolina Beach Road) operates at LOS C during the AM peak and PM peak. The LOS is projected to remain the same for the 2025 Future No Build and 2025 Future Build conditions during the AM and PM peaks. No improvements are recommended at this location. US 421 (Carolina Beach Road) and Site Access This proposed stop -controlled Site Access approach is projected to operate at LOS D in AM and LOS E in the PM peak under 2025 Future Build conditions. Based on NCDOT turn lane warrants and projected volumes, a southbound right -turn lane is warranted. The nomograph suggests 400 feet of storage; however, the analysis does not indicate a need for that amount of storage. It is recommended to provide a southbound right -turn lane with 200 feet of storage and an appropriate taper. Restrict the driveway to right- in/right-out turn movements only. This access should be designed according to NCDOT standards. With this improvement, the eastbound approach is anticipated to operate at LOS C in the morning and LOS D in the PM peak. 11/8/2022 220201 - Myrtle Grove Mixed -Use Development 21 Board of Commissioners - March 6, 2023 ITEM: 8 - 13 - 26 DocuSign Envelope ID: BD540FE9-3799-46EC-808B-CD15968131 EDF 0. DAVENPORT Scenario Table 5.3.1 - LOS and Queueing Analysis and Myrtle Grove AM Peak Hour Level of Service (Delay) Overall LOS Westbound for Carolina Beach Road Road per Movement & by Approach (Delay in seconds/vehicle) Northbound Southbound 95th%Ma I • = • Available Storage (ft) 95th% Queue (ft) Max Queue (ft)2025 •• ®®®� �' Build Build2025 IMP Available Storage (ft) 95th% Queue (ft) 11 �� 1 •®� Max Queue (ft) PM Peak Hour Available Storage 95th% QueueAlllld������� Max • = • Available Storage (ft) 95th% Queue����®�®� MaxQueue 2025 Build Available Storage (ft) 95th% Queue (ft) �� • 1 1 •' ®®®�® Max Queue (ft)2025 ' • Build IMP Available Storage ft 11 1 95th% Queue=�� • 1 ` 1 � •' Max Queue 11/8/2022 220201 - Myrtle Grove Mixed -Use Development 22 Board of Commissioners - March 6, 2023 ITEM: 8 - 13 - 27 DocuSign Envelope ID: BD540FE9-3799-46EC-808B-CD15968131 EDF 0. DAVENPORT Table 5.3.2 Scenario - LOS and Queueing Analysis for Carolina Beach Road and Hill Valley Walk AM Peak Hour Level of Service (Delay) per Movement & by Approach LOS of Worst Dela in secondslvehicle Approach ( y ) Eastbound Westbound Northbound EB Approach` 1 1 2022 Existing e ) 1 95th9l. Queue ) Max Queue (ft) 1 1 1 1 .• EB Approach 1 • = Available Storage (ft) 1 95th% Queue (ft) m 1 1 Max Queue (%M •1 1 ' EB Approach 1 • 1 95th% 1 1 1 1 2025 Build IMP • EB Approach Available Storage (ft) 1 95th% Queue (ft) 1 1 1 Max Queue (ft) PM Peak Hour 1 .: EB Approach 2022 Existi• Available Storage (ft) 1 95th% Queue (ft) 1 1 1 Max Queue (ft) 1 1 2025 NoBuildAvailable EB Approach Storage (ft) 1 95th% Queue (ft) 1 1 1 Max Queue (ft) •1 1 1 EB Approach ` 1 1 2025 Build Available Storage (ft) 1 95th% Queue (ft) 1 1 Max Queue (ft) 1 EB Approach 2025 Build IMP Available Storage (ft) 1 95th% Queue (ft) 1 1 Max Queue (ft) 1 1 11/8/2022 220201 - Myrtle Grove Mixed -Use Development 23 Board of Commissioners - March 6, 2023 ITEM: 8 - 13 - 28 DocuSign Envelope ID: BD540FE9-3799-46EC-808B-CD15968131 EDF 0. DAVENPORT Table 5.3.3 - LOS Scenario and Queueing Analysis for Carolina Beach Road and Southern Charm Drive AM Peak Hour Level of Service (Delay) per Movement & by Approach LOS of Worst Dela in seconds/vehicle Approach ( y ) Eastbound Westbound Southbound WB Approach Available Stor 1 95th%Queue 1 1 Max Queue (ft) 1 WB Approach . 1 1 2025 NoBuild` Available Storage (ft) 1 L oC+tiw_ n rF+1 1 1 1 Approach ' 1 1 � • le 1 %th% Queue t 1 1 Max Queue (ft) 1 ' •• •. 1 1 1 Build IMP Available Storage (ft) 1 95th% Queue (ft) 1 1 Max Queue (ft) • PM Peak Hour 1' WB Approach 1 1 1 1 •' Available Storage (ft) 1 ' 95th%Queue (ft) 1 Max Queue (ft) 1 2025 NoBuild WB Approach Available Storage (ft) 1 95th%Queue (ft) 1 Max Queue (ft) • • 1 WB Approach • 1 1 • Available Storage (ft) 1 95th%Queue (ft) 1 Max Queue (ft) 1 WB Approach 2025 Build IMP Available Storage (ft) 1 95th%Queue (ft) 1 Max Queue (ft) ' ' • 1 11/8/2022 220201 - Myrtle Grove Mixed -Use Development 24 Board of Commissioners - March 6, 2023 ITEM: 8 - 13 - 29 DocuSign Envelope ID: BD540FE9-3799-46EC-808B-CD15968131 EDF 0. DAVENPORT Table 5.3.4 Scenario - LOS and Queueing LOS of Worst Approach EB Approach1 Analysis for Carolina AM Peak Hour Level of Service (Delay) (Delayin Eastbound Beach Road per Movement seconds/vehicle Southbound / Site Access & by ) 1 Approach 1 • Ava i 1 a ra ge (ft) 95th% queue (ft) 1 1 Max Queue (ft) 1 2025 Build IMP EB Approach Available Storage (ft) 95th%Queue (ft) Max Queue (ft) •� PM Peak Hour 1 1 (44.9) . Approach ..• 11 2025 Build Available Storage 95th% Queu.�M ' 1 1 Max Qu� ' 2025 Build IMP .. EB Approach Availa Felrorage t) 95th%Queue (ft) 1 1 1 Max Queue (ft) •1 • 1 11/8/2022 220201 - Myrtle Grove Mixed -Use Development 25 Board of Commissioners - March 6, 2023 ITEM: 8 - 13 - 30 DocuSign Envelope ID: BD540FE9-3799-46EC-808B-CD15968B1EDF DAVENPORT 6.0 Summary and Conclusion The purpose of this report is to assess the transportation impact of the proposed Myrtle Grove Mixed -Use development that will be located on an undeveloped tract of land on the west side of US 421 (Carolina Beach Road) south of SR 1492 (Myrtle Grove Road) in Wilmington, NC. This mixed -use development is planned to consist of a 6,000- square-foot convenience store with 16 fueling positions and 18 single-family attached housing (townhomes). One access point will be constructed on US 421 (Carolina Beach Road). The planned build -out year for this development is 2025. Based on trip generation rates and equations published in the 11th Edition of the Institute of Transportation Engineers Trip Generation Manual, this development has a trip generation potential of 5,662 daily trips with 515 trips in the AM peak hour and 435 trips in the PM peak hour. In conclusion, this analysis has been conducted based on NCDOT and WMPO guidelines. The study has reviewed the impacts of background traffic and proposed development traffic and has identified improvements, where necessary, to accommodate future traffic demand. The recommended improvements at the study intersections are summarized in Table 6.1 and shown in Figure 12. With the recommended improvements in place, the anticipated transportation impacts of the proposed development can be accommodated. Site accesses should be designed according to NCDOT and Wilmington standards as applicable. • : - , Mews , • Extend the northbound U-turn lane from 100 • - ' • . • feet of storage to 200 feet of storage • No improvements are recommended. 0 No improvements are recommended. _ _ • Install a southbound right turn lane on Carolina " Beach Road with 200 feet of storage and appropriate deceleration and taper. 11/8/2022 220201 - Myrtle Grove Mixed -Use Development 26 Board of Commissioners - March 6, 2023 ITEM: 8 - 13 - 31 DocuSign Envelope ID: BD540FE9-3799-46EC-808B-CD15968131 EDF SPEED A LIMIT 7e7sTop 55 N 0 ROADWAY T 375' SR 1492 SPEED y TRAFFIC MOVEMENT ---------- ------------------------------------- 0 n LIMIT (Myrtle Grove Road) 45 BLACK = EXISTING 0 BLUE = PROPOSED AM / PM PEAKS m N w o 0 N LL N � Site Drive 1 1 1 Z a� w L N b LO LO L Hill Valley Walk N SPEED SIR 2364 LIMIT (Southern Charm Drive) • 0 ID *** NOT TO SCALE *** FIGURE 12 RECOMMENDED IMPROVEMENTS This document, together with the concepts and designs MYRTLE GROVE MIXED -USE presented herein, is intended only for the specific purpose DEVELOPMENT and client for which it was prepared. Reuse of, or improper W ILMINGTON, NC reliance on, this document by others without written US 421 authorization and adaptation by DAVENPORT shall be PROJECT NUMBER 220201 without liability to DAVENPORT and shall be a violation of the agreement between DAVENPORT and the client. (Carolina Beach Road) Board of Commissioners - March 6, 2023 ITEM: 8 - 13 - 32 WMPO January 12, 2023 Mr. Steve Epley, PE DAVENPORT 4600 Marriott Drive, Suite 340 Raleigh, NC 27612 305 Chestnut Street Po Box 1810 Wilmington, NC 28402 Ph: (910) 341-3258 Fax; (910) 341-7801 www.wmpo.org RE: Approval with conditions of the Traffic Impact Analysis (TIA) associated with the proposed Bayat mixed use development in New Hanover County, NC. Dear Mr. Epley: The WMPO, NCDOT, City of Wilmington and New Hanover County staffs have reviewed the Bayat Mixed Use TIA (sealed December 12, 2022) and based on the information provided and conversations held to date, it is our understanding that the proposed development has a build out year of 2025 and will consist of: o ITE Land Use Code 215 — 18 dwelling units of Single-family homes (attached) o ITE Land Use Code 945 — 6,000 SF of Convenience Store/Fueling station (16 fueling positions) The following improvements are required of the developer: US 421 (Carolina Beach Road) and SR 1492 (Myrtle Grove Road) (Signalized intersection) Extend the existing northbound U-turn Lane on US 427 to provide 200 feet of storage, 50 feet of full width deceleration and appropriate taper. Provide a four (4)-section flashing yellow arrow signal head to the northbound U-turn. Modify the signal plan to provide 'protected -permitted" movement for the northbound U-turn. US 421 (Carolina Beach Road) and Hill Valley Walk (Unsignalized left -over) Install a traffic signal and provide necessary coordination with NC 427 and Myrtle Grove Road intersection. US 421 (Carolina Beach Road) and SR 2364 (Southern Charm Drive) (Unsignalized left -over) • No improvements are required. Wilmington Urban Area Metropolitan Planning Organization City of Wilmington e Town of Carolina Beach • Town of Kure Beach • Town of Wrightsville Beach County of New Hanover • Tovtigidl kpb#l�bTnTii%§i®fil#�in¢(/1&iLgm gfol�wassa ■ County of Brunswick County of Pender • Cape Fear Public Transportatjg7Ej.tborigy44t North Carolina Department of Transportation Approval with conditions of Bayat mixed use (New Hanover County) Traffic Impact Analysis US 421 (Carolina Beach Road) and Site Access (Right-In/Right-Out intersection) • Construct site access with an internal protected stem of 700 feet, measured from the right-of-way line and one ingress and one egress lane, configured as a right-in/right-out (RIRO). • Construct a southbound right turn lane on US 427 with 200 feet of storage, 50 feet of full width deceleration and appropriate taper. • Provide stop -control for eastbound approach. If changes are made to the proposed site driveways and/or land uses, the current trip distribution may need to be modified and would require a revised Traffic Impact Analysis to be submitted for review by the NCDOT, WMPO, City of Wilmington and New Hanover County, in which instance this approval would become null and void. The applicant is required to obtain all applicable New Hanover County and NCDOT permits for access to the road network. A copy of this TIA approval shall be included with any NCDOT driveway permit application. All applicable NCDOT and New Hanover County technical standards and policies shall apply. Please contact me at (910) 473 — 5130 if you have any questions regarding this approval. Sincerely, Scott A. James, PE Transportation Planning Engineer Wilmington Urban Area MPO Ec: Ben Hughes, PE, District Engineer, NCDOT Jon Roan, Deputy District Engineer, NCDOT Frank Mike, Assistant District Engineer, NCDOT Jessi Leonard, PE, Division Traffic Engineer, NCDOT Stonewall Mathis, PE, Deputy Division Traffic Engineer, NCDOT Krupa Koilada, Senior Assistant Traffic Engineer, NCDOT Bryce Cox, Assistant Traffic Engineer, NCDOT Denys Vielkanowitz, PE, City Traffic Engineer, City of Wilmington Thomas Bradshaw, PE, ITS Engineer, City of Wilmington Robert Farrell, Senior Planner, New Hanover County Mike Kozlosky, Executive Director, WMPO Jamar Johnson, El, Engineering Associate, WMPO Page 2 of 2 Board of Commissioners - March 6, 2023 ITEM: 8 - 14 - 2 Supplementary Applicant Materials Board of Commissioners - March 6, 2023 ITEM: 8 - 15 - 1 To Whom it May Concern, I visited the referenced tract at 6844 Carolina Beach Rd., on Saturday, July 16th 2022 to review a tree location and identification survey provided by Michael Underwood & Associates. My assessment of the hardwood trees classified as "significant' were more accurately measured and are labeled by species and size on the attached exhibit. Pine trees are predominantly "Loblolly" pines. Only a single Longleaf pine with a DBH of less than 15" was identified. No trees classified as "specimen" were evidenced. My recommendation would be to have the tract revisited after underbrush is cleared, and during detailed design and permitting. That would allow additional evaluation of the health of the larger trees necessary for removal, and for required mitigation calculation. Please contact me with any further questions or concerns. Thank you, Jonathan Osborne, Certified Arborist Cert ID # SO-10484A 828-476-6188 willoughby2316@gmail.com Board of Commissioners - March 6, 2023 ITEM: 8 - 16 - 1 23" LAUREL OAK 20" LAUREL OAK 27" LAURELOAK OAK OAK OAK CLUSTERS (ALL LESS THAN 1E" ✓ 32" LAUREL OAK - "WEVCLUSTER 16" RED 40"" RED (ALL LESS THAN CEDAR CEDAR 16" CALIPER) \ 20" HICKORY 27" LAUREL OAK T f 29" LAUREL OAK (CAVITYFROM BOTTOM TO BREAST HGT) 30" ICKORY 48" TURKEY , OAK • a� L 33" 27" PECAN LAUREL --rt OAK LAUREL ROOT ROT &AK � AT BASES OF BOTH) 28" MAGNOLIA 29" LAUREL OAK 45" LAUREL (UNHEALTHY/ MUSHRROMS OAK AT BASE) Southern Exposure ECS SOUTHEAST, LLP "Setting the Standard for Service" Geotechnical • Construction Materials • Environmental • Facilities NC Registered Engineering Firm F-1078 NC Registered Geologists Firm C-406 SC Registered Engineering Firm 3239 January 3, 2023 Ms. Cindee Wolf Design Solutions PO Box 7221 Wilmington, North Carolina 28403 Reference: Report of Seasonal High Water Table Estimation and Infiltration Testing 6844 Carolina Beach Road Wilmington, New Hanover County, North Carolina ECS Project No. 49.19251 Dear Ms. Wolf: ECS Southeast, LLP (ECS) recently conducted a seasonal high water table (SHWT) estimation and infiltration testing within the stormwater control measure (SCM) area(s) at 6844 Carolina Beach Road in Wilmington, New Hanover County, North Carolina. This letter, with attachments, is the report of our testing. Field Testing On December 27, 2022, ECS conducted an exploration of the subsurface soil conditions, in accordance with the NCDEQ Stormwater Design Manual section A-2, at two requested locations shown on the attached Boring Location Plan (Figure 1). ECS used GPS equipment in order to determine the boring locations. The purpose of this exploration was to obtain subsurface information of the in situ soils for the SCM area(s). ECS explored the subsurface soil conditions by advancing one hand auger boring into the existing ground surface at each of the requested boring locations. ECS visually classified the subsurface soils and obtained representative samples of each soil type encountered. ECS also recorded the SHWT elevation observed at the time of the hand auger borings. The attached Infiltration Testing Form provides a summary of the subsurface conditions encountered at the hand auger boring locations. The SHWT elevation was estimated at the boring locations below the existing grade elevation. A summary of the findings are as follows: Location SHWT 1-1 85 inches 1-2 100 inches ECS has conducted three infiltration tests utilizing a compact constant head permeameter near the hand auger borings in order to estimate the infiltration rate for the subsurface soils. Infiltration tests are typically conducted at two feet above the SHWT or in the most restrictive soil horizon. Tests in clayey conditions are conducted for durations of up to 30 minutes. If a more precise hydraulic conductivity value is desired for these locations, then ECS recommends collecting samples and performing laboratory permeability testing. ECS Capitol Services, PLLC •ECS Florida, LL�oarc of commissi�dners �IVrarch 6d � 3 LLC •ECS Southeast, LLP •ECS Texas, LLP ww kTRUIIAitetYeoln Report of SHWT Estimation and Infiltration Testing 6844 Carolina Beach Road Wilmington, New Hanover County, North Carolina ECS Project No. 49.19251 January 3, 2023 Field Test Results Below is a summary of the infiltration test results: Location Description Depth Inches/ hour 1-1 Brown/tan f-m SAND w/ trace silt 16 inches 8.90 I-1A Brown/tan/orange fine SAND w/ 29 inches 0.33 1-2 Tan/orange/brown fine SAND w/ clay 37 inches 0.51 I-2A Tan/orange/gray fine SAND 70 inches 7.98 Infiltration rates and SHWT may vary within the proposed site due to changes in elevation, soil classification and subsurface conditions. ECS recommends that a licensed surveyor provide the elevations of the boring locations. Infiltration test I-1A was conducted below the sub -grade in the event pervious pavement was to be designed. Closure ECS's analysis of the site has been based on our understanding of the site, the project information provided to us, and the data obtained during our exploration. If the project information provided to us is changed, please contact us so that our recommendations can be reviewed and appropriate revisions provided, if necessary. The discovery of any site or subsurface conditions during construction which deviate from the data outlined in this exploration should be reported to us for our review, analysis and revision of our recommendations, if necessary. The assessment of site environmental conditions for the presence of pollutants in the soil and groundwater of the site is beyond the scope of this geotechnical exploration. ECS appreciates the opportunity to provide our services to you on this project. If you have any questions concerning this report or this project, please contact us. Respectfully, ECS SOUTHEAST, LLP K. Brooks Wall Project Manager bwal I(c)-ecslimited.com 910-686-9114 Attachments: Figure 1 - Boring Location Plan Infiltration Testing Form GBA Document W. Brandon Fulton, PSC,` PWS, LSS Environmental Department Manager bfulton(a)-ecslimited.com 704-525-5152 Board of Commissi$ers - March 6, 2023 ITEM: 8 - 17 - 2 t, Sk 0; 1-2J r � r I+ '� 5$ wr �1 ® APPROXIMATE BORING LOCATIONS 6844 Carolina Beach Road Wilmington, New Hanover County, North Carolina ECS Project # 49.19251 December 27, 2022 JF SCALE SHOWN ABOVE I - "AdM 0 5- W * E ffA.- k. ■ 9 -- Figure 1— Boring Location Plan LOJ\ Provided by: Google Earth - rch 6, 2023 117 Infiltration Testing Form 6844 Carolina Beach Road Wilmington, New Hanover County, North Carolina ECS Project No. 49.19251 December 27, 2022 Location Depth USCS Soil Description 1-1 0-18" SM Brown/tan f-m SAND w/ trace silt 18"-42" SM Brown/tan/orange f-m SAND w/ clay 42"-70" SP Tan fine SAND 70"-96" SP White/gray fine SAND Seasonal High Water Table was estimated to be at 85 inches below the existing grade elevation. 1-1 test was conducted at 16 inches below existing grade elevation Infiltration Rate: 8.90 inches per hour -1A test was conducted at 29 inches below existing grade elevation Infiltration Rate: 0.33 inches per hour Location Depth USCS Soil Description 1-2 0-101, SP Brown/tan fine SAND 10"-26" SM Tan/orange fine SAND w/ trace silt 26"-66" SM Tan/orange/brown fine SAND w/ clay 66"-109" SP Tan/orange/gray fine SAND Seasonal High Water Table was estimated to be at 100 inches below the existing grade elevation. Test 1-2 was conducted at 37 inches below existing grade elevation Infiltration Rate: 0.51 inches per hour Test I-2A was conducted at 70 inches below existing grade elevation Infiltration Rate: 7.98 inches per hour Board of Commissioners - March 6, 2023 ITEM: 8 - 17 - 4 r- Geotechnical- Engineering Report ---) The Geoprofessional Business Association (GBA) has prepared this advisory to help you — assumedly a client representative — interpret and apply this geotechnical-engineering report as effectively as possible. In that way, clients can benefit from a lowered exposure to the subsurface problems that, for decades, have been a principal cause of construction delays, cost overruns, claims, and disputes. If you have questions or want more information about any of the issues discussed below, contact your GBA-member geotechnical engineer. Active involvement in the Geoprofessional Business Association exposes geotechnical engineers to a wide array of risk -confrontation techniques that can be of genuine benefit for everyone involved with a construction project. Geotechnical-Engineering Services Are Performed for Specific Purposes, Persons, and Projects Geotechnical engineers structure their services to meet the specific needs of their clients. A geotechnical-engineering study conducted for a given civil engineer will not likely meet the needs of a civil - works constructor or even a different civil engineer. Because each geotechnical-engineering study is unique, each geotechnical- engineering report is unique, prepared solely for the client. Those who rely on a geotechnical-engineering report prepared for a different client can be seriously misled. No one except authorized client representatives should rely on this geotechnical-engineering report without first conferring with the geotechnical engineer who prepared it. And no one - not even you - should apply this report for any purpose or project except the one originally contemplated. Read this Report in Full Costly problems have occurred because those relying on a geotechnical- engineering report did not read it in its entirety. Do not rely on an executive summary. Do not read selected elements only. Read this report in full. You Need to Inform Your Geotechnical Engineer about Change Your geotechnical engineer considered unique, project -specific factors when designing the study behind this report and developing the confirmation -dependent recommendations the report conveys. A few typical factors include: • the client's goals, objectives, budget, schedule, and risk -management preferences; • the general nature of the structure involved, its size, configuration, and performance criteria; • the structure's location and orientation on the site; and • other planned or existing site improvements, such as retaining walls, access roads, parking lots, and underground utilities. Typical changes that could erode the reliability of this report include those that affect: • the site's size or shape; • the function of the proposed structure, as when it's changed from a parking garage to an office building, or from a light -industrial plant to a refrigerated warehouse; • the elevation, configuration, location, orientation, or weight of the proposed structure; • the composition of the design team; or • project ownership. As a general rule, always inform your geotechnical engineer of project changes - even minor ones - and request an assessment of their impact. The geotechnical engineer who prepared this report cannot accept responsibility or liability for problems that arise because the geotechnical engineer was not informed about developments the engineer otherwise would have considered. This Report May Not Be Reliable Do not rely on this report if your geotechnical engineer prepared it: • for a different client; • for a different project; • for a different site (that may or may not include all or a portion of the original site); or • before important events occurred at the site or adjacent to it; e.g., man-made events like construction or environmental remediation, or natural events like floods, droughts, earthquakes, or groundwater fluctuations. Note, too, that it could be unwise to rely on a geotechnical-engineering report whose reliability may have been affected by the passage of time, because of factors like changed subsurface conditions; new or modified codes, standards, or regulations; or new techniques or tools. If your geotechnical engineer has not indicated an `apply -by" date on the report, ask what it should be, and, in general, if you are the least bit uncertain about the continued reliability of this report, contact your geotechnical engineer before applying it. A minor amount of additional testing or analysis - if any is required at all - could prevent major problems. Most of the "Findings" Related in This Report Are Professional Opinions Before construction begins, geotechnical engineers explore a site's subsurface through various sampling and testing procedures. Geotechnical engineers can observe actual subsurface conditions only at those specific locations where sampling and testing were performed. The data derived from that sampling and testing were reviewed by your geotechnical engineer, who then applied professional judgment to form opinions about subsurface conditions throughout the site. Actual sitewide-subsurface conditions may differ - maybe significantly - from those indicated in this report. Confront that risk by retaining your geotechnical engineer to serve on the design team from project start to project finish, so the individual can provide informed guidance quickly, whenever needed. missioners - iwamn tD, ITEM: 8 - 17 - 5 This Report's Recommendations Are Confirmation -Dependent The recommendations included in this report - including any options or alternatives - are confirmation -dependent. In other words, they are not final, because the geotechnical engineer who developed them relied heavily on judgment and opinion to do so. Your geotechnical engineer can finalize the recommendations only after observing actual subsurface conditions revealed during construction. If through observation your geotechnical engineer confirms that the conditions assumed to exist actually do exist, the recommendations can be relied upon, assuming no other changes have occurred. The geotechnical engineer who prepared this report cannot assume responsibility or liability for confirmation - dependent recommendations if you fail to retain that engineer to perform construction observation. This Report Could Be Misinterpreted Other design professionals' misinterpretation of geotechnical- engineering reports has resulted in costly problems. Confront that risk by having your geotechnical engineer serve as a full-time member of the design team, to: • confer with other design -team members, • help develop specifications, • review pertinent elements of other design professionals' plans and specifications, and • be on hand quickly whenever geotechnical-engineering guidance is needed. You should also confront the risk of constructors misinterpreting this report. Do so by retaining your geotechnical engineer to participate in prebid and preconstruction conferences and to perform construction observation. Give Constructors a Complete Report and Guidance Some owners and design professionals mistakenly believe they can shift unanticipated -subsurface -conditions liability to constructors by limiting the information they provide for bid preparation. To help prevent the costly, contentious problems this practice has caused, include the complete geotechnical-engineering report, along with any attachments or appendices, with your contract documents, but be certain to note conspicuously that you've included the material for informational purposes only. To avoid misunderstanding, you may also want to note that "informational purposes" means constructors have no right to rely on the interpretations, opinions, conclusions, or recommendations in the report, but they may rely on the factual data relative to the specific times, locations, and depths/elevations referenced. Be certain that constructors know they may learn about specific project requirements, including options selected from the report, only from the design drawings and specifications. Remind constructors that they may perform their own studies if they want to, and be sure to allow enough time to permit them to do so. Only then might you be in a position to give constructors the information available to you, while requiring them to at least share some of the financial responsibilities stemming from unanticipated conditions. Conducting prebid and preconstruction conferences can also be valuable in this respect. Read Responsibility Provisions Closely Some client representatives, design professionals, and constructors do not realize that geotechnical engineering is far less exact than other engineering disciplines. That lack of understanding has nurtured unrealistic expectations that have resulted in disappointments, delays, cost overruns, claims, and disputes. To confront that risk, geotechnical engineers commonly include explanatory provisions in their reports. Sometimes labeled "limitations;' many of these provisions indicate where geotechnical engineers' responsibilities begin and end, to help others recognize their own responsibilities and risks. Read these provisions closely. Ask questions. Your geotechnical engineer should respond fully and frankly. Geoenvironmental Concerns Are Not Covered The personnel, equipment, and techniques used to perform an environmental study - e.g., a "phase -one" or "phase -two" environmental site assessment - differ significantly from those used to perform a geotechnical-engineering study. For that reason, a geotechnical- engineering report does not usually relate any environmental findings, conclusions, or recommendations; e.g., about the likelihood of encountering underground storage tanks or regulated contaminants. Unanticipated subsurface environmental problems have led to project failures. If you have not yet obtained your own environmental information, ask your geotechnical consultant for risk -management guidance. As a general rule, do not rely on an environmental report prepared for a different client, site, or project, or that is more than six months old. Obtain Professional Assistance to Deal with Moisture Infiltration and Mold While your geotechnical engineer may have addressed groundwater, water infiltration, or similar issues in this report, none of the engineer's services were designed, conducted, or intended to prevent uncontrolled migration of moisture - including water vapor - from the soil through building slabs and walls and into the building interior, where it can cause mold growth and material -performance deficiencies. Accordingly, proper implementation of the geotechnical engineer's recommendations will not of itself be sufficient to prevent moisture infiltration. Confront the risk of moisture infiltration by including building -envelope or mold specialists on the design team. Geotechnical engineers are not building - envelope or mold specialists. GEOPROFESSIONAL BUSINESS SEA ASSOCIATION Telephone: 301 /565-2733 e-mail: info@geoprofessional.org wwwgeoprofessional.org Copyright 2016 by Geoprofessional Business Association (GBA). Duplication, reproduction, or copying of this document, in whole or in part, by any means whatsoever, is strictly prohibited, except with GBAs specific written permission. Excerpting, quoting, or otherwise extracting wording from this document is permitted only with the express written permission of GBA, and only for purposes of scholarly research or book review. Only members of GBA may use this document or its wording as a complement to or as an element of a report of any kind. Any other firm, individual, or other entity that so uses this document without being a GBA member could be committing negligent I'm]L- 9relYT_IIL-W ITEM: 8 - 17 - 6 Public Comments In Support X Neutral X In Opposition 16 Board of Commissioners - March 6, 2023 ITEM: 8 - 18 - 1 Dickerson, Zachar From: noreply@civicplus.com Sent: Wednesday, January 25, 2023 10:58 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #1057 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 Robin Last Name Webb Address 8809 Healy Circle City Wilmington State North Carolina Zip Code 28412 Email robinwebb70@_gmail.com Projects available for PB-Z22-23 - 6830 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment I oppose the insane development in southern new hanover county. too much 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. i Board of Commissioners - March 6, 2023 ITEM: 8 - 19 - 1 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. 2 Board of Commissioners - March 6, 2023 ITEM: 8 - 19 - 2 Dickerson, Zachary From: noreply@civicplus.com Sent: Tuesday, January 24, 2023 11:33 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #1012 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 Margaret Last Name Carter Address 1405 snapper lane City Carolina beach State Nc Zip Code 28428 Email Mvanvranken1 LcD mail.com Projects available for PB-Z22-23 - 6830 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment We do not need any more trees clear cut for commercial purposes on CB road 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, prig. 1 Board of Commissioners - March 6, 2023 ITEM: 8 - 19 - 3 Dickerson, Zachary From: noreply@civicpIus.com Sent: Tuesday, January 24, 2023 9:51 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #993 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 John Last Name Webb Address 8809 Healy Circle City Wilmington State Nc Zip Code 28412 Email Jwebb15931849(c-D-gmail.com Projects available for PB-Z22-23 - 6830 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment Please don't do this area is not able to absorb any more traffic. 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. i Board of Commissioners - March 6, 2023 ITEM: 8 - 19 - 4 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 - March 6, 2023 ITEM: 8 - 19 - 5 Dickerson, Zachary From: noreply@civicpIus.com Sent: Monday, January 23, 2023 4:07 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #948 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 Megan Last Name Hall Address 1105 Lt. Congleton Rd City Wilmington State NC Zip Code 28409 Email meganwiltshire1977(diamail. com Projects available for PB-Z22-23 - 6830 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment No multiple dwelling units 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. i Board of Commissioners - March 6, 2023 ITEM: 8 - 19 - 6 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. 2 Board of Commissioners - March 6, 2023 ITEM: 8 - 19 - 7 Dickerson, Zachary From: noreply@civicpIus.com Sent: Wednesday, January 4, 2023 5:48 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #326 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 Margaret Last Name Carter Address 1405 snapper lane City Carolina beach State Nc Zip Code 28428 Email Snapperlanerentals(a)-gmail. com Projects available for PB-Z22-23 - 6830 Carolina Beach Rd, CZD comment. What is the nature of your Oppose project comment? Public Comment There is no need to build another housing project on Carolina Beach Road. 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. 1 Board of Commissioners - March 6, 2023 ITEM: 8 - 19 - 8 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. 2 Board of Commissioners - March 6, 2023 ITEM: 8 - 19 - 9 Dickerson, Zachary From: noreply@civicplus.com Sent: Wednesday, January 4, 2023 4:17 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #320 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 Angel Last Name Mercer Address 436 Superior Rd City Wilmington State NC Zip Code 28412 Email am:elmercer4(d)_qmail. com Projects available for PB-Z22-23 - 6830 Carolina Beach Rd, CZD comment. What is the nature of your Oppose project comment? Public Comment I do not support this project 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. i Board of Commissioners - March 6, 2023 ITEM: 8 - 19 - 10 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. 2 Board of Commissioners - March 6, 2023 ITEM: 8 - 19 - 11 Dickerson, Zachary From: noreply@civicplus.com Sent: Tuesday, January 3, 2023 10:55 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #284 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 Makila Last Name Phipps Address 6901 ONTARIO RD City Wilmington State Nc Zip Code 28412 Email Makila.phi pps(cDamail.com Projects available for PB-Z22-23 - 6830 Carolina Beach Rd, CZD comment. What is the nature of your Oppose project comment? Public Comment This project will create massive congestion and take away the natural beauty leading into Carolina beach. 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. 1 Board of Commissioners - March 6, 2023 ITEM: 8 - 19 - 12 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. 2 Board of Commissioners - March 6, 2023 ITEM: 8 - 19 - 13 Dickerson, Zachary From: noreply@civicpIus.com Sent: Tuesday, January 3, 2023 7:05 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #278 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 Barbara Last Name Thimmes Address 644 Capeside Dr City Wilmington State NC Zip Code 28412 Email Field not completed. Projects available for PB-Z22-23 - 6830 Carolina Beach Rd, CZD comment. What is the nature of your Oppose project comment? Public Comment Opposed to development 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. 1 Board of Commissioners - March 6, 2023 ITEM: 8 - 19 - 14 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. 2 Board of Commissioners - March 6, 2023 ITEM: 8 - 19 - 15 Dickerson, Zachary From: noreply@civicplus.com Sent: Friday, December 30, 2022 11:24 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #184 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 Carolyn Last Name Ohnmacht Address 2540 YOLANDA DR City WILMINGTON State North Carolina Zip Code 28409 Email dodaze440)aol.com Projects available for PB-Z22-23 - 6830 Carolina Beach Rd, CZD comment. What is the nature of your Oppose project comment? Public Comment Please think of the beauty Wilmington once was and hopefully still can be and stop allowing so many townhomes and apartments to be built. Upload supporting files Board of Commissioners - March 6, 2023 ITEM: 8 - 19 - 16 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 - March 6, 2023 ITEM: 8 - 19 - 17 Dickerson, Zachary From: noreply@civicplus.com Sent: Friday, December 30, 2022 11:22 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #183 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 Jamie Last Name Fowler Address 2540 YOLANDA DR City WILMINGTON State North Carolina Zip Code 28409 Email iamie4demo(d1cimail.com Projects available for PB-Z22-23 - 6830 Carolina Beach Rd, CZD comment. What is the nature of your Oppose project comment? Public Comment The roads can't handle more townhomes and apartment buildings. 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• i Board of Commissioners - March 6, 2023 ITEM: 8 - 19 - 18 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. 2 Board of Commissioners - March 6, 2023 ITEM: 8 - 19 - 19 Dickerson, Zachary From: noreply@civicplus.com Sent: Friday, December 30, 2022 11:21 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #182 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 valarie Last Name fowler Address 2540 YOLANDA DR City Wilmington State NC Zip Code 28409 Email va14demoLcDgmaiI.com Projects available for PB-Z22-23 - 6830 Carolina Beach Rd, CZD comment. What is the nature of your Oppose project comment? Public Comment You are overcrowding all of wilmington with these tiny lots, townhomes & apartments. The roads can't handle it. a five minute drive now takes twenty. Its horrible and you are making it worse. Upload supporting files 1 Board of Commissioners - March 6, 2023 ITEM: 8 - 19 - 20 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. 2 Board of Commissioners - March 6, 2023 ITEM: 8 - 19 - 21 Dickerson, Zachary From: noreply@civicplus.com Sent: Thursday, December 29, 2022 8:S0 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #166 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 Isabelle Last Name Lytle Address 7834 champlain dr City Wilmington State NIC Zip Code 28412 Email Soccergirll21400(d-)omail.com Projects available for PB-Z22-23 - 6830 Carolina Beach Rd, CZD comment. What is the nature of your Oppose project comment? Public Comment Increased traffic and congestion creates overcrowding and decrease property value as well as weakening our community bond. Safety and security will also be a concern within close proximity to schools and neighborhoods eventually increasing crime. Upload supporting files i Board of Commissioners - March 6, 2023 ITEM: 8 - 19 - 22 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 2 Board of Commissioners - March 6, 2023 ITEM: 8 - 19 - 23 Dickerson, Zachary From: noreply@civicplus.com Sent: Thursday, December 29, 2022 8:47 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #164 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 Tiffany Last Name Lytle Address 7834 Champlain dr City Wilmington State NC Zip Code 28412 Email Hulagirl782001,@ -qmail.com Projects available for PB-Z22-23 - 6830 Carolina Beach Rd, CZD comment. What is the nature of your Oppose project comment? Public Comment Increased traffic and congestion creates overcrowding and decrease property value as well as weakening our community bond. Safety and security will also be a concern within close proximity to schools and neighborhoods eventually increasing crime. Upload supporting files 1 Board of Commissioners - March 6, 2023 ITEM: 8 - 19 - 24 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. 2 Board of Commissioners - March 6, 2023 ITEM: 8 - 19 - 25 Dickerson, Zachary From: noreply@civicplus.com Sent: Tuesday, December 27, 2022 3:47 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #138 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 Maurice Last Name Murphy Address 7512 Erie Court City Wilmington State NC Zip Code 28412 Email mauricemurph(o) ol.com Projects available for PB-Z22-23 - 6830 Carolina Beach Rd, CZD comment. What is the nature of your Oppose project comment? Public Comment I strongly oppose this project. I am a resident of OFL and am concerned of the negative impact it will have on our community and Wilmington in general. Upload supporting files 1 Board of Commissioners - March 6, 2023 ITEM: 8 - 19 - 26 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. 2 Board of Commissioners - March 6, 2023 ITEM: 8 - 19 - 27 Dickerson, Zachary From: noreply@civicpIus.com Sent: Wednesday, February 1, 2023 12:20 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #1311 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 Jennifer Last Name Hardison Address 7895 Champlain Dr City Wilmington State North Carolina Zip Code 28412 Email Forhiskingdom7(cDyahoo.com Projects available for PB-Z22-23 - 6830 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment We do not believe this will benefit the South side of Wilmington.Not to mention ALL the wildlife that will be affected by this absurd decision! We are already over populated with people and our roads are treacherous with all the drivers on Carolina Beach Rd. Please reconsider this .. Thank you Upload supporting files 1 Board of Commissioners - March 6, 2023 ITEM: 8 - 19 - 28 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. 2 Board of Commissioners - March 6, 2023 ITEM: 8 - 19 - 29 Dickerson, Zachary From: noreply@civicpIus.com Sent: Monday, January 23, 2023 7:14 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #969 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 Magali Last Name Khalkho Address 5912 sweet gum drive City Wilmington State NC Zip Code 28409 Email Field not completed. Projects available for PB-Z22-23 - 6830 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment Opposing this project for multiple reasons: 1- brought my property in Tarin Woods for the peacefulness of the neighborhood and the landscaped community including the woods that separate us from Carolina beach road 2- adding townhouses to our community will mean tons of additional residents/ traffic in a community that has only one access road : manassas drive and I am pretty sure the 1 Board of Commissioners - March 6, 2023 ITEM: 8 - 19 - 30 developer is just trying to max out his pockets vs thinking about the safety and common good of the community. Shame on them! 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. 2 Board of Commissioners - March 6, 2023 ITEM: 8 - 19 - 31 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 3/6/2023 Regular DEPARTMENT: Planning PRESENTER(S): Julian Griffee, Current Planner CONTACT(S): Julian Griffee; Robert Farrell, Senior Planner; Rebekah Roth, Planning & Land Use Director SU BJ ECT: Public Hearing Rezoning Request (Z23-02) - Request by Samuel Franck with Ward and Smith P.A., applicant, on behalf of Swartville, LLC, property owners, to rezone two unaddressed parcels (Parcel IDs R02500-002-030-000 and R02500- 002-006-000) totaling approximately 104 acres of land located between Castle Hayne Road and Blue Clay Road south of 1-140 from R-20, Residential to R-7, Residential Moderate Density. BRIEF SUMMARY: The applicant is proposing to rezone two parcels totaling approximately 104 acres from R-20, Residential district to the R-7, Residential district. Because this is a straight rezoning, a conceptual plan is not included within the application, and no conditions can be applied to an approval. The subject site would be required to meet all the Unified Development Ordinance (U DO) requirements for development within the R-7 district. According to the applicant, the requested R-7 zoning district is more appropriate for the tracts than the current R-20 zoning as the Comprehensive Plan calls for more housing within the general area, the densities and diversity of housing types allowed within the R-7 are more consistent with what the General Residential place type calls for, and higher density is possible due to the availability of public water and sewer. The R-20 district in this area was established in 1972. 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; however, the general area remains primarily zoned for low density housing. The current R-20 zoning allows for several non-residential uses that are not permitted within the proposed R-7 zoning district. Such uses include, but are not limited to, equestrian facilities, stables, and wholesale nurseries that are permitted by -right. The purpose of the R-7 district is to accommodate lands for moderate density single family and low -density multi- family development of varying types and designs. The intent is that the R-7 district will provide options for alternative housing types near or in direct relationship to single-family detached development with a range of housing options. Currently, the subject site is undeveloped. If developed at the maximum permitted density allowed under the R-20 district, 198 residential units could be constructed. If developed at the maximum permitted density allowed under the proposed R-7 district, 624 residential units could be constructed for a net increase of 426 residential units. The subject site is located about 1.5 miles from the General Electric facility at the intersection of Castle Hayne Road and 1-140, and about 1.8 miles from the Wrightsboro commercial node. Recent developments in the general area have been a mix of residential uses with moderate densities and commercial districts, including the River Bluffs planned development, Bountiful Village, and the future residential development at the end of Rock Hill Road. Commercial rezonings have occurred closer to the Wrightsboro commercial node to the south and on Hermitage Road to the north. Board of Commissioners - March 6, 2023 ITEM: 9 The site is currently accessed through a private access easement from Castle Hayne Road. The property is bordered by 1-140 to the north; however, no access is available to 1-140. The subject parcel is landlocked from two of the three sides. A 130-foot-wide CSX railroad right of way borders the eastern property line and 1-140 borders to the north. The site has access to Castle Hayne Road, an NCDOT maintained minor arterial road, through a private access easement. The site is adjacent to vacant and agricultural property to the east and south. As currently zoned, the maximum density of 198 dwelling units is estimated to generate 139 AM and 189 PM peak hour trips. The maximum density of 624 dwelling units possible within the proposed R-7 district is estimated to generate 394 AM peak hour and 556 PM peak hour trips. The net change from the maximum development possible under current zoning to the estimated number of trips generated from the maximum density allowed under the R-7 district is an approximate increase of 255 AM peak hour trips and 367 PM peak hourtrips. Traffic impact analyses are not required for straight rezonings as a specific development proposal is required to thoroughly analyze potential trip generation. A traffic impact analysis would be required for any future project that is estimated to generate more than 100 trips within the peak hours. Students living in a development resulting from the proposed rezoning would be assigned to Castle Hayne Elementary, Holly Shelter Middle School, and Laney High Schools. Based on a generalized historic generation rate, staff would estimate that the increase in homes would result in an increase of approximately 95 more students than the number of students who are estimated to be generated under the existing zoning at the maximum density possible. The subject property is in the northern portion of the county, located between the 1-140 interchange and the Wrightsboro commercial node. These areas are connected by Castle Hayne Road, a minor arterial roadway. Zoning along and directly off of this corridor has progressively changed over the past decade to include a mix of residential uses with moderate densities and commercial districts, including the River Bluffs planned development, Bountiful Village, and the future residential development at the end of Rock Hill Road. The Comprehensive Plan classifies the property as General Residential, which focuses on small-scale, lower density housing, associated civic and limited commercial services development that enhances neighborhood character. The proposed R-7 rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because the project provides for the density and range of housing options recommended in the General Residential place type. The Planning Board considered this application at their February 2, 2023 meeting. No one spoke in support of or in opposition to the request. During the meeting, the Planning Board considered access to the parcels, impact on local infrastructure, and the lack of a conceptual plan with the petition. The Planning Board recommended approval of the petition (5-1). The Planning Board found the application to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the rezoning provides for the density and range of housing options recommended within the General Residential place type, and the housing types permitted by the proposed rezoning would provide diverse housing options that could support commercial and industrial developments anticipated within the nearby Employment Center and Urban Mixed Use place types. The Planning Board also found RECOMMENDING APPROVAL of the rezoning request is reasonable and in the public interest because the proposal could accommodate residential uses that could support the nearby Employment Center and Urban Mixed Use place types. STRATEGIC PLAN ALIGNMENT: • Intelligent Growth & Economic Development Board of Commissioners - March 6, 2023 ITEM: 9 o Encourage development of complete communities in the unincorporated county ■ Ensure NHC has appropriate housing to support business growth RECOMMENDED MOTION AND REQUESTED ACTIONS: The proposed R-7 rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because the rezoning provides for the density and range of housing options recommended within the General Residential place type, and the housing types permitted by the proposed rezoning would provide diverse housing options that could support commercial and industrial developments anticipated within the nearby Employment Center and Urban Mixed Use place types. As a result, Staff concurs with the Planning Board recommendation and suggests the following motion: I move to APPROVE the proposed rezoning to an R-7 district. I find it to be CONSISTENT with the 2016 Comprehensive Plan because the project provides for the density and range of housing options recommended in the General Residential place type. I also find APPROVAL of the project is reasonable and in the public interest because the proposal could accommodate residential uses that could support the nearby Employment Center and Urban Mixed Use place types. Alternative Motion for Denial I move to DENY the proposed rezoning to an R-7 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the density and range of housing options recommended in the General Residential place type, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent areas. ATTACHMENTS: Z23-02 BOC Script FINAL Z23-02 BOC Staff Report FINAL Z23-02 Zoning Z23-02 Future Land Use Map Z23-02 Mailout Initial Application Co\er Sheet Application Package PB District Profiles Co\er Sheet R 20 Profile Sheet R 7 Profile Sheet Public Comments Co\er Sheet COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as presented by staff. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners - March 6, 2023 ITEM: 9 BOARD OF COMMISSIONERS SCRIPT for Zoning Map Amendment Application (Z23-02) Request by Samuel Franck with Ward and Smith P.A., applicant, on behalf of Swartville, LLC, property owners, to rezone two parcels totaling approximately 104 acres of land located between Castle Hayne Road and Blue Clay Road south of Interstate 1-140 from R-20, Residential to R-7, Residential Moderate Density. 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) 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 an R-7 district. I find it to be CONSISTENT with the 2016 Comprehensive Plan because the project provides for the density and range of housing options recommended in the General Residential place type. I also find APPROVAL of the project is reasonable and in the public interest because the proposal could accommodate residential uses that could support the nearby Employment Center and Urban Mixed Use place types. Example Motion for Denial I move to DENY the proposed rezoning to an R-7 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the density and range of housing options recommended in the General Residential place type, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent areas. Board of Commissioners - March 6, 2023 ITEM: 9 - 1 - 1 Alternative Motion for Approval/Denial: I move to [Approve/Deny] the proposed rezoning to an R-7 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 - March 6, 2023 ITEM: 9 - 1 - 2 STAFF REPORT FOR Z23-02 ZONING MAP AMENDMENT APPLICATION APPLICATION SUMMARY Case Number: Z23-02 Request: Rezoning to an R-7 district Applicant: Property Owner(s): Samuel B. Franck with Ward & Smith, P.A. Swartville, LLC Location: Acreage: South of 1-140, west of Blue Clay Road, and east Approximately 104 acres of Castle Hayne Road PID(s): Comp Plan Place Type: R02500-002-006-000 and General Residential R02500-002-030-000 Existing Land Use: Proposed Land Use: Undeveloped Land The property would be allowed to be developed in accordance with the R-7 district Current Zoning: Proposed Zoning: R-20, Residential R-7, Residential SURROUNDING AREA LAND USE ZONING North Undeveloped Land, 1-140 ROW 1-1, B-2 East Railroad ROW, Agricultural Land RMF-L South Undeveloped Land R-10 West Undeveloped Land, Single-family Residential R-10, R-20 Z23-02 Staff Report BOC 3.6.2023 Page 1 of 15 Board of Commissioners - March 6, 2023 ITEM: 9 - 2 - 1 ZONING HISTORY July 7, 1972 1 Initially zoned R-20 COMMUNITY SERVICES Water/Sewer Water will require a mainline extension and wastewater services are available through CFPUA via a pump station that will need to be built. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Wrightsboro Schools Castle Hayne Elementary, Holly Shelter Middle, Laney High School Recreation Cape Fear Optimist Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Z23-02 Staff Report BOC 3.6.2023 Page 2 of 15 Board of Commissioners - March 6, 2023 ITEM: 9 - 2 - 2 APPLICANT'S PROPOSAL • The applicant is proposing to rezone two parcels totaling approximately 104 acres from R- 20, Residential district to the R-7, Residential district. • According to the applicant, the requested R-7 zoning district is more appropriate for the tracts than the current R-20 zoning as the Comprehensive Plan calls for more housing within the general area, the densities and diversity of housing types allowed within the R-7 are more consistent with what the General Residential place type calls for, and higher density is possible due to the availability of public water and sewer. • This request is for a straight rezoning, any approval would allow for all uses outlined for the requested district and could not include conditions. Any future development would be subject to the general development standards for the district outlined in the Unified Development Ordinance (UDO), including lighting and vegetative buffers. ZONING CONSIDERATIONS • The R-20 district in this area was established in 1972. 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; however, the general area remains primarily zoned for low density housing. • The purpose of the R-7 district is to accommodate lands for moderate density single family and low -density multi -family development of varying types and designs. The intent is that the R-7 district will provide options for alternative housing types near or in direct relationship to single-family detached development with a range of housing options. • The site is located between the 1-140 interchange and the Wrightsboro commercial node, areas connected by Castle Hayne Road. Zoning along and directly off of this corridor has progressively changed over the past decade to include a mix of residential uses with moderate densities and commercial districts, including the River Bluffs planned development, Bountiful Village, and the future residential development at the end of Rock Hill Road. • Under the current R-20 district, approximately 198 dwelling units at a maximum density of 1.9 dwelling units per acre would be allowed under performance residential standards. • If developed at the maximum R-7 density of 6 dwelling units per acre, a potential maximum of 624 dwelling units would be allowed. This would result in 426 more dwelling units than approved under the current zoning. • Several uses are allowed by -right within the R-20 zoning district that would not be permissible within the R-7 zoning district. These include wholesale nurseries, stables, equestrian facilities, and landfills (demolition and landscape). • If approved, development on the parcel would be subject to Technical Review Committee and Zoning Compliance review processes to ensure full compliance with all ordinance requirements. Z23-02 Staff Report BOC 3.6.2023 Page 3 of 15 Board of Commissioners - March 6, 2023 ITEM: 9 - 2 - 3 AREA SUBDIVISIONS UNDER DEVELOPMENT Z23-02 Staff Report BOC 3.6.2023 Page 4 of 15 Board of Commissioners - March 6, 2023 ITEM: 9 - 2 - 4 TRANSPORTATION • The site is currently accessed through a private access easement from Castle Hayne Road. The property is bordered by 1-140 to the north; however, no access is available to 1-140. • Traffic impact analyses are not required for straight rezonings as a specific development proposal is required to thoroughly analyze potential trip generation. A traffic impact analysis would be required for any future project that is estimated to generate more than 100 trips within the peak hours. • The existing R-20 zoning would permit a maximum of 198 dwelling units, which is estimated to generate about 139 AM and 189 PM peak hour trips. • Under the proposed R-7 zoning district, a maximum of 624 dwelling units could potentially be constructed on the site, which is estimated to generate 394 AM and 556 PM peak hour trips. Z23-02 Staff Report BOC 3.6.2023 Page 5 of 15 Board of Commissioners - March 6, 2023 ITEM: 9 - 2 - 5 • The net change from the potential trip generation if the site were to be developed under the existing R-20 district to the proposed R-7 district shows an approximate increase of about 255 AM peak hour trips and an approximate increase of about 367 PM peak hour trips. Intensity Approx. Peak Hour Trips Typical Development under Current 198 Dwelling Units 139 AM / 189 PM Zoning: Development under Proposed R-7 624 Dwelling Units 394 AM / 556 PM Zoning (Single Family Detached) Potential Net Change under Proposed + 255 AM / + 367 PM Zoning: • As there is not a specific development proposal to analyze traffic impacts for at this time, staff has provided the volume to capacity ratio for roadways in the vicinity of the subject site. While volume to capacity ratio, based on average daily trips, can provide a general idea of the function of adjacent roadways, the delay vehicles take in seconds to pass through intersections is generally considered a more effective measure when determining the Level of Service of a roadway. • The most recent traffic counts in the area indicate capacity currently exists on Castle Hayne Road. NCDOT Average Annual Daily Traffic (AADT) — 2021 Road Location (Block) Volume Capacity V/C LOS Between Old Mill Castle Hayne Road Road and Chair 14,500 16,804 0.86 D Road • The Level of Service (LOS) of this portion of Castle Hayne Road is rated as 'D', per NCDOT. • The Wilmington MPO also gathers independent traffic counts in the county at various dates and locations throughout the year. These counts are not adjusted or averages but instead represents all traffic over a 24-hour interval on the designated date and represent a specific snapshot in time of traffic for an area. WMPO ADT — 2022 (8/ 1 /22) Road Location Volume Castle Hayne Road Between Rockhill Rd and Oakley Rd 17,995 • 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. Z23-02 Staff Report BOC 3.6.2023 Page 6 of 15 Board of Commissioners - March 6, 2023 ITEM: 9 - 2 - 6 Nearby Planned Transportation Improvements and Traffic Impact Analyses WIN INS Flex Park Manufacturing � � ij � � . ;. �111111► � r+ � I�111111!■ + • lei I/fL ♦ ♦ �'/ �f i ■I� N1 II``_�♦ ee'i �Il•-rD� ./gyp f��;ri�'�.;��.�•�� ��9i►►� ����at►�r fiSTIP Project TIA �.���tia~ i�,•``a�ltiaOiir��i4i �s�► r ■���t�{tom► sail Nearby NC STIP Projects: • STIP Project U-5863 o Project to widen Castle Hayne Road from 1-140 to Division Drive. This project will add a center turn lane or median to sections of the road. o The project is currently scheduled to begin construction after 2029. Z23-02 Staff Report BOC 3.6.2023 Page 7 of 15 Board of Commissioners - March 6, 2023 ITEM: 9 - 2 - 7 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. Hermitage Road • TIA approved June 17, 2021 Flex Park 130000 sf Business Park • , • 2025 Build Out Year The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Provide a westbound right turn lane with 200 feet of storage and appropriate deceleration and taper at NC 133 and Hermitage Road • Provide a southbound left turn lane with 50 feet of storage and appropriate deceleration and taper at NC 133 and Crowatan Road. Nearby Proposed Developments included within the TIA: • None Development Status: Construction has not started, and development is under review at this time. Proposed Development Land Use/Intensity TIA Status 2. Blue Clay • TIA approved December 20, Industrial . 892,000 sf Manufacturing 2022 • 2032 Build Out Year The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Install a traffic signal at Blue Clay Road and Juvenile Center Road. • Install a traffic signal at Blue Clay Road and Site Access 1. • Extend storage capacities, deceleration and appropriate tapers at the intersections of Blue Clay Road and N College Road, Blue Clay Road and N Kerr Avenue, and Castle Hayne Road and N Kerr Avenue. • Construction of Site Access 2 on Blue Clay Road and Site Access 3 on Juvenile Road. Nearby Proposed Developments included within the TIA: • Sidbury Farms • Sidbury Crossing Development Status: Construction has not started, and development is under review at this time. Z23-02 Staff Report BOC 3.6.2023 Page 8 of 15 Board of Commissioners - March 6, 2023 ITEM: 9 - 2 - 8 ENVIRONMENTAL • The property is not within a Natural Heritage Area. The property is not located within a Special Flood Hazard Area. • The properties are located within the Smith Creek, Ness Creek, and Prince George watersheds. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class III (severe limitation) & IV (unsuitable) soils. Any future development will be required to consult with CFPUA on the feasibility of sewer connection. OTHER CONSIDERATIONS Schools • Students living in the proposed development would be assigned to Castle Hayne Elementary School, Holly Shelter Middle, and Laney High School. Students may apply to attend public magnet, year-round elementary, or specialty high schools. • A maximum of 198 dwelling units would be permitted under the current R-20 zoning density, and 624 units could potentially be developed under the proposed zoning for an increase of 426 dwelling units. • Based on a generalized historic generation rate*, staff would estimate that the increase in homes would result in an increase of approximately 95 more students than the number of students who are estimated to be already generated under the existing zoning. • The general student generation rate provides only an estimate of anticipated student yield as different forms of housing at different price points yield different numbers of students. Over the past four years, staff has also seen a decline in the number of students generated by new development. Student numbers remained relatively stable between 2015 and 2020 (excepting the impacts of the COVID-19 pandemic), while 14,500 new residential units were permitted across the county. In addition, the student population is anticipated to only grow by approximately 1,300 students over the next 10 years based on the New Hanover County Schools Facility Needs Study. Z23-02 Staff Report BOC 3.6.2023 Page 9 of 15 Board of Commissioners - March 6, 2023 ITEM: 9 - 2 - 9 Development Type Intensity Estimated Student Generation* Existing Development Undeveloped Approximate** Total: 0 (0 elementary, 0 middle, 0 high Typical Development 198 residential units Approximate** Total: 42 under Current Zoning (1 8 elementary, 10 middle, 14 high) Potential Development Approximate** Total: 137 under Proposed Zoning 624 residential units (56 elementary, 31 middle, 44 high) District *The current general student generation rate was calculated by dividing the New Hanover County public school student enrollment for the 2022-2023 school year by the number of dwelling units in the county. Currently, there are an average of 0.22 public school students (0.09 for elementary, 0.05 for middle, and 0.07 for high) generated per dwelling unit across New Hanover County. These numbers are updated annually and include students attending out - of -district specialty schools, such as year-round elementary schools, Isaac Bear, and SeaTech. **Because the student generation rate often results in fractional numbers, all approximate student generation yields with a fraction of 0.5 or higher are rounded up to a whole number and yields with a fraction of less than 0.5 are rounded down. This may result in student numbers at the elementary, middle, and high school levels not equaling the approximate total. Developments associated with the proposed rezoning would likely not reach full build -out for over 5 years. As a result, existing school enrollment and capacity is not likely to be relevant. New Hanover County Schools staff would include this project if approved in future facility planning initiatives in order to accommodate any resulting student growth. Staff has provided information on existing school capacity to provide a general idea of the potential impact on public schools, but these numbers do not reflect any future capacity upgrades. School Enrollment* and Capacity** (2022-2023 School Year) Projected Capacity of Funded or Total Enrollment Assigned Capacity of Planned Level NHC School of School Assigned School Capacity Capacity Assignment „`,Portables Upgrades School Elementary 91 % Castle 422 523 81 % None Hayne Middle 92% Holly 851 991 86% None Shelter High 1 99% Laney 1 2214 1 1941 1 114% 1 None *Enrollment is based on the New Hanover County Schools student numbers for the 2022-2023 school year. **Capacity calculations were determined based on the capacities for the 2022-2023 school year, and funded or planned capacity upgrades were those included in the Facility Needs Study presented by New Hanover County Schools to the Board of Education in January 2021. This information does not take into account flexible scheduling that may be available in high school settings, which can reduce the portion of the student body on campus at any one time. • The 2021 facility needs survey prepared by Schools staff indicates that, based on NC Department of Public Instruction (DPI) student growth projections and school capacity data, planned facility upgrades, combined with changes to student enrollment patterns, will result in adequate capacity district wide over the next ten years if facility upgrades are funded. Z23-02 Staff Report BOC 3.6.2023 Page 10 of 15 Board of Commissioners - March 6, 2023 ITEM: 9 - 2 - 10 Representative Developments Representative Developments of R-20 (Proposed ZoninglLand Used Holland Drive Long Leaf Drive Z23-02 Staff Report BOC 3.6.2023 Page 11 of 15 Board of Commissioners - March 6, 2023 ITEM: 9 - 2 - 11 Representative Developments Representative Developments of R-7 (Proposed ZoninglLand Used Adam's Landing River Lights (City of Wilmington) Z23-02 Staff Report BOC 3.6.2023 Page 12 of 15 Board of Commissioners - March 6, 2023 ITEM: 9 - 2 - 12 Context and Compatibility • The subject parcel has no direct access on two of the three sides. A 130-foot-wide CSX railroad right of way borders the eastern property line and 1-140 borders to the north. • The site has access to Castle Hayne Road, an NCDOT maintained minor arterial road, through a private access easement. The site is adjacent to undeveloped and agricultural property to the east and south. • The subject site is located about 1.5 miles from the General Electric facility at the intersection of Castle Hayne Road and 1-140, and about 1.8 miles from the Wrightsboro commercial node. • The parcel immediately to the east was recently rezoned within case Z22-19 from a PD district to a RMF-L district, with a maximum of 237 dwelling units possible. • Recent developments in the general area have been a mix of residential uses with moderate densities and commercial districts, including the River Bluffs planned development, Bountiful Village, and the future residential development at the end of Rock Hill Road. Commercial rezoning have occurred closer to the Wrightsboro commercial node to the south and on Hermitage Road to the north. 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 development patterns and should not be interpreted as being parcel specific. Z23-02 Staff Report BOC 3.6.2023 Page 13 of 15 Board of Commissioners - March 6, 2023 ITEM: 9 - 2 - 13 Future Land Use General Residential Map Place Type Focuses on small-scale, lower density housing, associated civic and limited Place Type commercial services development that enhances neighborhood character. Description Types of appropriate uses include single-family residential, low -density multi -family residential, light commercial, civic, and recreational projects. The Comprehensive Plan classifies the property as General Residential, which encourages lower to moderate density residential developments, light commercial, institutional, and civic uses. The subject property is in the northern portion of the county, located between the 1-140 interchange and the Wrightsboro commercial node. These areas are connected by Castle Hayne Road, a minor arterial roadway. Zoning along and directly off of this corridor has progressively changed over the past decade to include a mix of residential uses with moderate densities and commercial districts, including the River Bluffs planned development, Bountiful Village, and the future residential development at the end of Rock Hill Road. The General Residential place type provides opportunities for low to Analysis moderate density housing (approximately 8 units/acre). The proposed R-7 district allows for a maximum of 6 dwelling units/acre, which is generally consistent with the density range recommended for the General Residential place type. Along with the preferred density range, the proposal promotes the uses recommended within the General Residential place type, and supports the Comprehensive Plan's goal to provide for a range of housing types and opportunities for households of different sizes and income. The subject site is also in close proximity to the Employment Center and Urban Mixed Use place types located just north of 1-140 at Castle Hayne Road. The future development could accommodate residential developments that would support commercial and industrial developments that are anticipated within these place types. The proposed R-7 rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because the project provides for the density and range Consistency of housing options recommended in the General Residential place type. Recommendation Furthermore, the housing types permitted by the proposed rezoning offer diverse housing options that could support commercial and industrial developments anticipated within the nearby Employment Center and Urban Mixed Use place types. Z23-02 Staff Report BOC 3.6.2023 Page 14 of 15 Board of Commissioners - March 6, 2023 ITEM: 9 - 2 - 14 PLANNING BOARD MEETING The Planning Board considered this application at their February 2, 2023 meeting. No one spoke in support of or in opposition to the request. During the meeting, the Planning Board considered access to the parcels, impact on local infrastructure, and the lack of a conceptual plan with the petition. The Planning Board recommended approval of the petition (5-1). The Planning Board found the application to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the rezoning provides for the density and range of housing options recommended within the General Residential place type, and the housing types permitted by the proposed rezoning would provide diverse housing options that could support commercial and industrial developments anticipated within the nearby Employment Center and Urban Mixed Use place types. The Planning Board also found RECOMMENDING APPROVAL of the rezoning request is reasonable and in the public interest because the proposal could accommodate residential uses that could support the nearby Employment Center and Urban Mixed Use place types. STAFF RECOMMENDATION The proposed R-7 rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because the rezoning provides for the density and range of housing options recommended within the General Residential place type, and the housing types permitted by the proposed rezoning would provide diverse housing options that could support commercial and industrial developments anticipated within the nearby Employment Center and Urban Mixed Use place types. As a result, Staff concurs with the Planning Board recommendation and suggests the following motion: I move to APPROVE the proposed rezoning to an R-7 district. I find it to be CONSISTENT with the 2016 Comprehensive Plan because the project provides for the density and range of housing options recommended in the General Residential place type. I also find APPROVAL of the project is reasonable and in the public interest because the proposal could accommodate residential uses that could support the nearby Employment Center and Urban Mixed Use place types. Alternative Motion for Denial I move to DENY the proposed rezoning to an R-7 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the density and range of housing options recommended in the General Residential place type, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent areas. Z23-02 Staff Report BOC 3.6.2023 Page 15 of 15 Board of Commissioners - March 6, 2023 ITEM: 9 - 2 - 15 Case: Site Address: Existing Zoning/Use: Proposed Zoning/Use: N ' '2023 . Case: Site Address: Existing Zoning/Use: onin_ /q Use: Z23-02 Castle Hayne Rd R-20 & 1-140 74 0 Site Z23-02 EMPLOYMENT CENTER GENERAL RESIDENTIAL URBAN MIXED USE COMMUNITY MIXED USE ® Z23-02° m� a s io r - r 6, 2023 Proposed Zoning/Use: N R-7 1-140 0 500 1,000 US Feet I i I i I Case: Site Address: Z23-02 Castle Hayne Rd & 1-140 /= Rd 135 • • 134 •3250 _ 3258 2900 • /` OId'MiII'Rd ❑ Neighboring Parcels (500 feet) Board of ExistingZoning/Use: onin Use: R-20 Proposed Zoning/Use: N R-7 Ak •y� 0 500 1,000 US Feet l i l i l Initial Application Documents & Materials Board of Commissioners - March 6, 2023 ITEM: 9 - 6 - 1 C � . K ell - Wilmington, NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE230 Government Center Drive, Suite 110 North Carolina 28403 Telephone (910) 798-7165 FAX (9 7 0) 798-7053 plan ningdevelopment.nhcgov.com ZONING MAP AMENDMENT APPLICATION . Myl • • I d. . . . .. . - . - • . • • 10=0 I jr-x-ixii (Optional) (Optional) 2 3 4 5 6 Pre -Application Community Application Planning Public Hearing Planning Board Board of Post -Decision Conference Yrltormation Submittal & Director Review Scheduling & Hearing & Commissioners Limitations and M Acceptance & Staff Report Notification Recom- Hearing & Actions mendation Decision Er below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the application, are set out in Section 10.3.2 of the Unified Development Ordinance. 1. Applicant and Property Owner Information Applicant/Agent Name Samuel B. Franck Company Address Ward and Smith, P.A. 127 Racine Drive City, State, Zip Wilmington, NC 28403 Phone 910-794-4835 Email SBF@wardandsmith.com I EVD J AN 0 3 2023 Owner Name (if different from Applicant/Agent) Swartville, LLC Company/Owner Name 2 Address 1900 Eastwood Rd, Suite 10 City, State, Zip Wilmington, NC 28403 Phone 910-367-1590 Email joel.tomaselli@gmail.com Board of Commissioners - March 6, 2023 ITEM: 9- 7- 1 Page 1 of 5 Zoning Map Amendment Application - Updated 12-2020 2. Subject Property Information Address/Location Parcel Identification Number(s) Located on the east side of Castle anye Rd, South of Interstate and west Blue Clay Rd in Castle Hayne; larger parcel has annaddress of 317 Crowatan Rd,, Castle Hayne, e, NC 28429 R02500-002-006-000 & R02500-002-030-000 Total Parcel(s) Acreage Existing Zoning and Use(s) Proposed Zoning Future Land Use Approx. 104 acres R-20; Vacant District(s) R-7 Classification 3. Zoning Map Amendment Considerations Requests for general rezonings do not consider a particular land use but rather all of the uses permitted in the requested zoning district for the subject property. Rezoning requests must be consistent with the New Hanover County 2016 Comprehensive Plan and the Unified Development Ordinance. Zoning Map amendments reclassify the land that is subject of the application to the requested zoning district classification(s) and subjects it to the development regulations applicable to the district(s). The applicant must explain, with reference to attached plans (where applicable), how the proposed Zoning Map amendment meets the following criteria. (attach additional pages if necessary) 1. How would the requested change be consistent with the County's policies for growth and development, as described in the 2016 Comprehensive Plan, applicable small area plans, etc.? See Exhibit A, attached. 2. How would the requested zoning change be consistent with the property's classification on the 2016 Comprehensive Plan's Future Land Use Map? See Exhibit A, attached. Board of Commissioners - March 6, 2023 ITEM: 9- 7- 2 Page 2 of 5 Zoning Map Amendment Application — Updated 12-2020 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? See Exhibit A, attached. 4. How will this zoning change serve the public interest? See Exhibit A, attached. Board of Commissioners - March 6, 2023 ITEM: 9- 7- 3 Page 3 of 5 Zoning Map Amendment Application — Updated 12-2020 Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under "Applicant Initial". Applications determined to be incomplete must be corrected in order to be processed for further review. Application Checklist Applicant Initial 2 This application form, completed and signed 52 Application fee: • $500 for 5 acres or less • $600 for more than 5 acres Q Legal description (by metes and bounds) or recorded survey Map Book and Page Reference of the property requested for rezoning See Exhibit B, attached. Q One (1) hard copy of ALL documents 5 Acknowledgment and Signatures Form (if applicable) la One (1) digital PDF copy of ALL documents AND plans Board of Commissioners - March 6, 2023 ITEM: 9- 7- 4 Page 4 of 5 Zoning Map Amendment Application — Updated 12-2020 4. Acknowledgement and Signatures I hereby certify that I am the applicant or authorized agent of the applicant, and the information included in this application is accurate to the best of my knowledge, information, and belief. I also certify that I have submitted all of the information and documentation required for this application. Further, I acknowledge that no site work can commence until all applicable approvals and permits are obtained, and that any modifications to approved or proposed plans must be reviewed by the County and may require the submittal of a new application. Signature of Applicant Signature of Applicant Samuel B. Franck Print Name Print Name Note: This form must be signed by the owner(s) of record, contract purchaser(s), or other persons(s) having a recognized property interest; or by a person authorized to submit the application on their behalf. If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will be calendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. Board of Commissioners - March 6, 2023 ITEM: 9- 7- 5 Page 5 of 5 Zoning Map Amendment Application — Updated 1 2-2020 Exhibit A to Rezoning Application 1. How would the requested change be consistent with the County's policies for growth and development, as described in the 2016 Comprehensive Plan, applicable small area plans, etc.? The requested rezoning to R-7 will offer increased diversity of residential options and an opportunity for increased residential density for the northern part of New Hanover County ("County") where infrastructure is well placed to support it. The rezoning is consistent with 2016 New Hanover County Comprehensive Plan ("Comprehensive Plan"). Specifically the Comprehensive Plan encourages greater residential density in this part of the County than what is currently available under the existing R-20 zoning. The subject property is currently vacant and is located on the east side of Castle Hayne Rd, South of Interstate 140 and west of Blue Clay Rd in Castle Hayne. The Comprehensive Plan envisions this site as a general residential place type where uses include single-family residential, low -density multi- family residential, light commercial, civic and recreational. The proposed zoning is more appropriate than the existing zoning to support those desired uses. The requested change to R-7 will further the County's goals for the general residential place type by increasing the diversity of types of residential uses that may occur on the subject property. 2. How would the requested zoning change be consistent with the property's classification on the 2016 Comprehensive Plan's Future Land Use Map? Consistent with the Comprehensive Plan, the 2016 Comprehensive Plan's Future Land Use Map ("Future Land Use Map") proposes a general residential place type on this property. The property is surrounded almost exclusively by general residential and community mixed use place types on the Future Land Use Map. The general residential place type encourages low to medium density residential housing and associated civic and commercial services. The Future Land Use Map encourages a mix of uses including housing, recreation, office, and light commercial, with the most desired use being housing. The Future Land Use Map also sets forth a list of desired uses and projects for the general residential place type which include the following: single-family residential; low -density multi -family residential; light commercial; civic; and recreational. The requested rezoning would allow for more of the desired uses as set forth in the Future Land Use Map. The requested rezoning is consistent with the property's classification on the Future Land Use Map as the R-7 zoning allows for a greater diversity of residential uses compared to the current R-20 zoning. The current R-20 Board of Commissioners - March 6, 2023 ITEM: 9 - 7 - 6 zoning only allows for a low density residential which is inconsistent with the goals in the Comprehensive Plan and Future Land Use Map. The requested rezoning would allow for both low density and medium density residential consistent with the Comprehensive Plan and 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? The current R-20 zoning was placed on the land when water and sewer infrastructure were not available. This is no longer the case, and, furthermore, as the County has evolved, here is a greater need for housing options other than large lot single family. Therefore, the current zoning is no longer beneficial or appropriate to support the County's desired future development of this land. The proposed, zoning, in contrast, will support a greater density of housing options in the northern part of the County that can be served by public utilities without the need for on -site septic systems. The purpose of the R-20 district as set forth in the Unified Development ordinance is to accommodate primarily low density residential development and recreational uses. Instead of limiting the uses to residential and recreational, the Comprehensive Plan and the Future Land Use Plan both promote a variety of uses where the subject site is located. Therefore, the current R-20 zoning is inappropriate for County's goals for the area. Further the Comprehensive Plan indicates that the County's population is expected to continue to grow exponentially in the coming years, and as a result, a greater number and diversity of housing options are needed in this part of the County. Rezoning to R-7 will support the County's goals for increased housing in this area as set forth in the Comprehensive Plan and the Future Land Use Map. Accordingly, both market demand and the future land use projections encourage residential uses on this site. The property to the south of the subject site is zoned R-10 and the property to the east (located to the immediate west of Blue Clay Road) is zoned PD. The proposed rezoning to R-7 is consistent with and complimentary to these adjacent uses. 4. How will this zoning change serve the public interest? The requested rezoning from R-20 to R-7 will serve the public interest by allowing for a greater number of residential uses on the subject site as desired by the Comprehensive Plan and Future Land Use Plan. As indicated above, the proposed zoning designation is also more consistent with the County's desired future uses for this area than the current zoning designation. ND:4879-7043-7446, v. 3 2 Board of Commissioners - March 6, 2023 ITEM: 9 - 7 - 7 Exhibit B to Rezoning ARnlication Legal Description Parcel ID: R02500-002-030-000 BEING ALL OF PARCEL. 3. ARMSTRONG DEVELOPERS, INC. MAP NO. 2, A PART OF BLUE COVE, AS THE SAME IS SHOWN ON THE PLAT THEREOF, RECORDED IN MAP BOOK 49 AT PAGE 9 OF THE NEW HANOVER COUNTY REGISTRY, REFERENCE TO WINCH IS HEREBY MADE FOR A MORE PARTICULAR DESCRIPTION. WrM EASEMENT OF INGRESS AND EGRESS OVER RIGHT OF WAX SHOWN IN MAP BOOK 11, AT PAGE 3 A DIVISION MAP OF THE PROPERTY OF CORNELIS SWART. i � r • ate. ix.:.• c,�b F! L 3 t�l FS 31 as-.. ....•.;.,, i I I _ _ 40 � .� AIWSTRP EC UL 4t f,01 '• R rwc ixiuF COVE I Board of Commissioners - March 6, 2023 ITEM: 9 - 7 - 8 Lggal Description Parcel ID: R02500-005-006-000 BEGINK NO at a point in the Northern line of the Swart properties at a point where the centerline of a 60-foot right-of-way easement intersects said property line, and being a common corner of Lot No. 4A and Lot SA. Runs thence with the Swart northep line South 88 degrees 57 minutes East,1291.9 feet to a pipe (said pipe being located South S degrees 08 minutes West, 220 feet from a "H.B." stone as shown on map made by L L. Becton of the D. Swart property); thence with the Eastern line of the Swart property South 5 degrees 08 minutes West, 870 feet; thence with the line dividing Lot 3A and Lot 4A, North 88 degrees 30 minutes West 1236.8 feet to a point in the centerline of the abovamentioned 60-foot rigbt-of-way easement; thence with said line North 1 degree 30 minutes East, 857.6 feet to the point of beginning, containing 25.04 acres, more or less, and being all of Lot 4A as shown on a map of the Cornelis Swart, et al Division, made by V. W. Herlevich, and dated December, 1969, recorded in Map Book 11, at Page 3. SAVE AND EXCEPT THAT PORTION CONVEYED TO THE NORTH CAROLINA DEPARTMENT OF TREASURY WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS; Beginning at the GrantQr's northwestern property corner common to Malcolm L. Johnson now or formerly; same being located in a southern property line of Brannon K. Smith, now or formerly; thence easterly along and with the Grantor's northern property line common to Brannon lC Smith, now or formerly, to a point located 114.83 feet northeasterly of and perpendicular to Survey Line — L; thence southeasterly along and with a line located 114.83 feet northeasterly of and parallel with Survey Line — L to a point located 114.83 feet northeasterly of and perpendicular to Survey Station 89+04.96, Survey Line — L; thence southeasterly in a straight line to a point located 114.83 feet northeasterly of and perpendicular to Survey Station 99+94.96, Survey Line L; thence southeasterly in a straight line towards a point located 114,83fed northt tmiyofandPeWadiceular to Survey Station 92+00, Survey Line — L to the point of intersection with the Crrantor'8 a upem Property Line common to Arnstrpng Developers now or fomWly; thence souam iy along and with the Grantor's eastern property line common to Armtrong Developers, to the point of intersection with a line located between apoint located 114.83 feet southwesterly ofand perpendicular to Survey Station 91+40, Survey Line -- L and a point located 117.45 feet southwesterly of and Prldicular to Survey Station 93+80, Survey Line -- L; thence northwesterly in a straight line to a point located 114.83 feet southwesterly of and perpendicular to Survey Station 91+40, Survey Line — L; thence northwesterly in a straight line to a point located 114.83 feet south westerly of and perpendicular ua Survey Station 89+94.86, Surrey line L. thence northwesterly in a straight line to a point located 114.83 1~eGt southwesterly of and perpendicular to Survey 5tatian 89+04.86, Survey Line L, thence northwestly along and with a lime located 114.83 feet southwesterly of and parallel with Survey Line L, to a point in the Grantor's western property line common with Malcolm L. Johnson, now or formerly, located 114.83 southwesterly of and perpendicular to Survey Line L, thence northerly along and with the Grantor's afomsaid western property line to the point of beginning; 2 Board of Commissioners - March 6, 2023 ITEM: 9 - 7 - 9 ALSO SAVE AND EXCEPT: Commence at point, said point being located in the western R/W line of US Highway 117(Castle Hayne Road ) Public R/W at its intersection with the northern R/W line of Bellwood Avenue (Public R/W); thence from said Commence point South 66 degrees 58 minutes 29 seconds East a distance of 3,954.32 feet to an existing iron pipe located in the western line of the now or formerly Crowatan Partners LLC Tract as recorded at Book 4952 Page 1564, New Hanover County Registry; said point being the Point of Beginning thence from said Point of Beginning, along and with the western line of the now or formerly Crowatan Partners LLC Tract South 00 degrees 31 minutes 04 seconds West a distance of 433.79 feet to an existing iron rebar located in the northern R/W line of US Interstate — 140; thence along and with the northern line of US Interstate — 140 the following courses and distances; North 62 degrees 41 minutes 27 seconds West a distance of 382.25 feet to a DOT R/W disk; thence North 62 degrees 52 minutes 01 seconds West a distance of 298.22 feet to a DOT R/W disk; thence along and with a curve to the left (R=5,856.88',Arc=181.49') having a chord which bears North 64 degrees 44 minutes 05 seconds West a distance of 181.49 feet to an iron pipe set in the southern line of the now or formerly North Carolina Department of Transportation Tract as recorded at Book 2759 Page 546, New Hanover County Registry; thence along and with the southern line of the now or formerly North Carolina Department of Transportation Tract North 86 degrees 40 minutes 24 seconds East a distance of 453.20 feet to the southeastern corner of the NC DOT tract, thence along and with the southern line of the now or formerly Crowatan Partners LLC Tract 2 as recorded at Book 4982 Page 1535, New Hanover County Registry, North 86 degrees 40 minutes 24 seconds East a distance 321.20 feet to the Point of Beginning; containing 3.79 Acres, more or less. 3 Board of Commissioners - March 6, 2023 ITEM: 9 - 7 - 10 °Uo NEW HANOVER COUNTY o PLANNING & LAND USE z AUTHORITY FOR APPOINTMENT OFA GENT 230 Government Center Drive Suite 110 Wilmington, NC 28403 910-798-7165 phone 910-798-7053 fax www.nhcgov.com Please note that for quasi-judicial proceedings, either the land owner or an attorney must be present for the case at the public hearing. The undersigned owner does hereby appoint an authorized the agent described herein as their exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and/or an appeal of Staff decisions applicable to the property described in the attached petition. The Agent is hereby authorized to, on behalf of the property owner: 1. Submit a proper petition and the required supplemental information and materials 2. Appeal at public meetings to give representation and commitments on behalf of the property owner 3. Act on the property owner's behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning Ordinance. Agent Information Property Owner(s) Subject Property Name Owner Name Address Samuel B. Franck Swartville, LLC 317 Crowatan Rd Company Owner Name 2 City, State, Zip Ward and Smith, P.A. Castle Hayne, NC 28429 Address Address Parcel ID 127 Racine Drive 1900 Eastwood Rd Ste. 10 R02500-002-006-000 City, State, Zip City, State, Zip R02500-002-030-000 Wilmington, NC 28403 Wilmington, NC 28403 Phone Phone 910-794-4835 910-367-1590 Email Email SBF@wardandsmith.com Joel.tomaselli@gmail.com Application Tricking Information (Staff Only) Case Number Reference: Date/Time received: Received by: 5� This document was willfully executed on the day of20 �—•'Z Owner 1 Signature Owner 2 Signature Board of Commissioners - March 6, 2023 ITEM: 9 - 7 - 11 09/14 .C_It" !; •+: !% i -2-44a .. Aff. . a a &,* T dl — _ LO 7 LO 7 � f 00 LO 00 � � z Board of Commissioners - March 6, 2023 ITEM: 9 - 7 - 12 "ammlift aaman=mat, ammm=1 1 1 P I I I i'i 11 IN W ra 6414 1Z5.04 A-C .4 till V q1 t "RPm""W16 V., OZ71 %15 ell Jz' Pii WWI , lipm 66 a ias FIE EZTIL.e 0 LV41.4 m1p, "CouWTV P014 bWa COW.TIPICAthirlh. 0 COUNTIe' 1-94 CMULTIFteO TO EbS COMCLe.C"r. T 141S �....- .. r 't,. f� at•IyH� ; �Ia1�ll1, .YA 1�1 • N[IF 111kIFr# -1 ' �:+.ILr+. r i oeCI actoor-av gxo fit­ &.L :FILE0. FOX T P. 0AH or . 47 Out lie Izacorolow.0e.0 IN mA.P ehoov... 00 =;ellokn�m fat I C: 4 WORTH (:&a0L.1wdid w w o %pjt,.4G c>ijise r e ot.Am&,.czw %..w4e4;a simems femom o. sw�-jxvr mm:�S IN MAlb 4jsAMWI:�SMM. a IlrqcO M ft w tS 0 TV 0 cC4 � a rZ I1T&9 w 0 T 4XV4 Pu e:)" r2p ARIN �-�aigaih Is w _AUF S; io to Q.T to w Ap Vp Iva w I a. II c 0 P= S%t 4. Wr rM.4015 C. 114 Olt GO 4 49. co I oz 40-.0 wqmwmx_,"rw own - &A% 4c. 4". 1� rS �A A6 uj it -at hc. 7T 140"r P. WIAN'. COW49X� POIMT llh:� 1-5 "%A*% CUT� AIA`Ca--11 0L.-I 4�4 OLO STO"S., r tz 6.L%4 a a.46 e: AMI I*w1w �� N'. ;'"q�, r 0►►? r i �> . Lk,1CLjfbj Ch (A'N S 4t) 49P 1-7 W & M SOLO 14V e i &co e). 0 % M 14. witt.41141 m "CCr cWeL.15 `ci3.WhktxT lip ul 0 ITC HA cowc, MON. maw -A 44 o. o D woo Pr "el —TO C&STLE-M "1:bHWr-_ Ire (Zu qw* 15W&CLT me.W011DIK IS T hq4pp Ie6ck:0&4.-1% , ph-Ge. OL9 W4LW V-M1Sk0%4Q61:k COW tAT%( R.14,4. 4d 0 too Ci w 4 1CA'�C� AF- T1.IE OF, RA:OPER�Y`Y' e FEo..a,Tuvvt,.L-bi-itP qEW Azkwovam CCU 1%4-r-y , 0" - c - 19 OF FE.,eT POW MIIIM1Al Ww g5z�pk vl� MOWN IF' A yIWp 44 W" 16W a 0 All HITTE 0 TO AVRi EC VRO ILE �.M 5 9 f1tri,*70 L T LcRAY C 0i 0 C N E Ile I I IVW��IMVRaIN��MW� 3FOR REGISTRATIONP. REGISTER OF DEED! RE6ECCA SMITH NEW HANOVER COUNTY, NC 2007 SEP 19 M NI PPS BK : 5233 PG : 509-512 FEE : $20.00 NC REV STAMP : $2, 700. 00 INFUEF # 20FR6758 Prepared by: Helms Mulliss & Wicker, PLLC (DEH) 300 North Third Street, Suite 400 Wilmington, North Carolina 28401 Revenue Stamps: $2700.00 11'— RETURN TO 15TEWN F. E'TI=GEL ax Parcel Number: �(���(� • OQ-034-6p0 (910) STATE OF NORTH CAROLINA GENERAL WARRANTY DEED COUNTY OF NEW HANOVER THIS GENERAL WARRANTY DEED (this "Deed"), dated as of September + , 2007, is made by Armstrong Developers, Inc., a North Carolina corporation, (the "Grantor"), and Swartville, LLC, a North Carolina limited liability company, (the "Grantee"), whose address is 1900 Eastwood Road, Suite 10, Wilmington, North Carolina 28403. WITNESSETH: THAT the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowedged, does grant, bargain, sell and convey unto the Grantee, in fee simple, all of that certain property situated in New Hanover County, North Carolina and more particularly described as follows: See Exhibit A attached hereto and incorporated herein by reference as if fully set forth. TO HAVE AND TO HOLD the aforesaid property, together with all easements, tenements, privileges and appurtenances thereunto belonging to the Grantee in fee simple forever. And the Grantor covenants with the Grantee, that Grantor is seized of the said premises in fee simple and has the right to convey the same in fee simple; that title to the same is marketable and free from encumbrances except those set forth below; and that the Grantor will warrant and defend the title against the claims of all persons whatsoever except for the exceptions hereinafter stated. Board of Commissioners - March 6, 2023 ITEM: 9 - 7 - 14 Title to the property hereinabove described is subject to the following exceptions: 2007 ad valorem taxes; 2. Easements, restrictions and rights -of -way of record; 3. Applicable ordinances, statutes, regulations and other laws; and 4. Matters which would be revealed by a current and accurate survey. IN WITNESS WHEREOF, the Grantor has duly executed this Deed, all as of the day and year first above written. Armstrong Developers, Inc. ��•��M M.W - . f��U Fljl STATE OF NORTH CAROLINA COUNTY OF TVPI(er I, W �b a Notary Public for said County and State, certify that r r. personally appeared before me this day and acknowledged that he she is President of Armstrong Developers, Inc., a North Carolina corporation, and that he/she, as President, being authorized to do so, voluntarily executed the foregoing on behalf of the corporation for the purposes stated therein. I certify that the Signatory personally appeared before me this day, and (check one of the following): (I have personal knowledge of the identity of the Signatory); or ✓ (I have seen satisfactory evidence of the Signatory's identity, by a current state or federal identification with the Signatory's photograph in the form of (check one of the following) ✓ a driver's license; or other (describe: ); or (a credible witness has sworn to the identity of the Signatory). WITNESS my hand and official seal this `—PI.- day of September, 2007. W 11. W eAdy Z. Mobity My commission expires: -1to41 �� kC' •. pt A R•y% (NOTARY SEAL) r -� PUB1.%�''�V Board of Commissioners - March 6, 2023 ITEM: 9 - 7 - 15 EXHIBIT "A" BEING ALL OF PARCEL 3, ARMSTRONG DEVELOPERS, INC. MAP NO. 2, A PART OF BLUE COVE, AS THE SAME IS SHOWN ON THE PLAT THEREOF, RECORDED IN MAP BOOK 49 AT PAGE 9 OF THE NEW HANOVER COUNTY REGISTRY, REFERENCE TO WHICH IS HEREBY MADE FOR A MORE PARTICULAR DESCRIPTION, WITH EASEMENT OF INGRESS AND EGRESS OVER RIGHT OF WAY SHOWN IN MAP BOOK 11, AT PAGE 3 A DIVISION MAP OF THE PROPERTY OF CORNELIS SWART. Board of Commissioners - March 6, 2023 ITEM: 9 - 7 - 16 REBECCA P. SMITH REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 Filed For Registration: 09/19/2007 04:03:41 PM Book: RE 5233 Page: 509-512 Document No.: 2007046758 DEED 4 PGS $20.00 NC REAL ESTATE EXCISE TAX: $2,700.00 Recorder: SCOTT, NANCY A State of North Carolina, County of New Hanover YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT. PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING. *2007046758* 2007046758 Board of Commissioners - March 6, 2023 ITEM: 9 - 7 - 17 Book 6165 Page 309 BK: RB 6165 PG: 309 - 317 NC FEE $26.00 2018026987 RECORDED: NEW HANOVER COUNTY, 08/23/2018 REAL ESTATE TAMMY THEUSCH BEASLEY 04:20:01 PM EXTX $86.00 REGISTER OF DEEDS BY: ANDREA CRESWELL ASSISTANT ELECTRONICALLY RECORDED Excise Tax $86.00 Parcel No.: R02500-002-006-000 Delinquent taxes, if any, to be paid by Closing Attorney to the New Hanover County Tax Collector upon disbursement of closing proceeds. This instrument was prepared by: Bailey & Busby, PLLC - HAMPSTEAD OFFICE Return to: Grantee Brief description for Index: Metes and Bounds NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this the I I day of August, 2018, by and between: "GRANTOR" Jerome Swart and wife, Helen Swart 119 Sassan ua Rd. Castle Hayiie, NC 28420 Darren Swart and wife, Cindy Swart 125 Frontier Dr. Kernersville. NC 27284 Betty R. Swart, Trustee under the John Swart and Betty R. Swart Revocable Living Trust 10081 Highway 165 Pollock, LA 71467 "GRANTEE" Swartville, LLC a North Carolina limited liability company 1900 Eastwood Road, Ste. 10 Wilmington, NC 28403 submitted electronically by "Bailey & Busby, PLLC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the New Hanover County Register of Deeds. Board of Commissioners - March 6, 2023 ITEM: 9 - 7 - 18 Book 6165 Page 310 James Edward Swart and wife, Betty Lou Swart 121 Horne Place Drive Wilmington, NC 28401 Robert Swart and wife, Bettye Jean Swart 127 'ilgrna Circle Wilmington, NC 28401_ All or a portion of the property herein conveyed _ includes or _X_ does not include the primary residence of a Grantor. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH The Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the County of New Hanover, State of North Carolina, and more particularly described as follows: See Attached Exhibit `A' TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: (1) Ad valorem taxes for 2018 and subsequent years; (2) General utility service easements and rights of way of record; (3) Matters shown on maps recorded in the local County Registry; (4) Applicable local, county, state of federal government laws or regulations relative to environment, zoning, subdivision, occupancy, use or construction of the subject property; Board of Commissioners - March 6, 2023 ITEM: 9 - 7 - 19 Book 6165 Page 311 IN WITNESS WHEREOF, the Grantor hereunto set his hand and seal, the day and year first above written. (SEAL) Jerome 4w, rt (SEAL) Helen Swart State of North Carolina County of New Hanover I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Jerome Swart and Helen Swart. Witness my hand and Official Seal on this Date shown. r Date: August Z�� 12018 Notary Public My Commission Expires t'�I��t t l l l I I IIllll�f{ Notary Public New Hanover COUniy i 0 o Cirr1�1�V� Board of Commissioners - March 6, 2023 ITEM: 9 - 7 - 20 Book 6165 Page 312 IN WITNESS WHEREOF, the Grantor hereunto set his hand and seal, the day and year first above written. f . (SEAL) 1wies Edward Swart o, 1.G y z_ej- __(SEAL) Betty Lou Swart State of North Carolina County of I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: James Edward Swart and Betty Lou Swart. Witness my hand and Official Seal on this Date shown. " k.Lr` + 'N Date: August 2.2; 2018 Notary Public My Commission Expires: Notary Publk, _ New Hanover C:ow ty - 1YC A+fie,`o t Board of Commissioners - March 6, 2023 ITEM: 9 - 7 - 21 Book 6165 Page 313 IN WITNESS WHEREOF, the Grantor hereunto set his hand and seal, the day and year first above written. ,r �. (SEAL) R is -t Siv t Y �` ( SEAL) Ou Bettye Jean Swart State of North Carolina County of W (i, We I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Robert Swart and Bettye Jean Swart. Witness my hand and Official Seal on this Date shown. -sI A) � , Date: August,,, 2018 Notary Public My Commission Expires: ® jV ty Fcy fCTI ICNa r; 0 nlyV#f . 'l��'�C�.1PR 1` eilm Board of Commissioners - March 6, 2023 ITEM: 9 - 7 - 22 Book 6165 Page 314 IN WITNESS WHEREOF, the Grantor written. rf Darren Swart Cindy Swa State of North Carolina County of - set his hand and seal, the day and year first above (SEAL) (SEAL) I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Marren Swart and Cindy Swart. Witness my hand and Official al on this Date shown. Notary Public My Commission Expires: Date: August \ 1 , 2018 ON b CRYSTAL GONZALEZ y Forsyth County tvly C +missssion i x irk r I� �z' Board of Commissioners - March 6, 2023 ITEM: 9 - 7 - 23 Book 6165 Page 315 IN WITNESS WHEREOF, the Grantor hereunto set his hand and seal, the day and year first above written. John Swart and Betty R. Swart Revocable Living Trust (SEAL) Betty R Swart -Trustee i State pf Louisiana Parrish of . I cc(afy that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Begy R.Swart as Trustee under the Jahn Swart and Bet". Swart Revocable Living Trust. Witness my hand and Official Seal on this Date shown. '�+• r�� Date: August 1-7 , 2018 Notary Public My Commission Expires: tV J "u' ,-,e 0 Board of Commissioners - March 6, 2023 ITEM: 9 - 7 - 24 Book 6165 Page 316 BEGINNING at a point in the Northern line of the Swart properties at a point where the centerline of a 60-foot right-of-way easement intersects said property line, and being a common corner of Lot No. 4A and Lot 5A. Runs thence with the Swart northSm line South 88 degrees 57 minutes East,1291.9 feet to a pipe (said pipe being located South 5 degrees 08 minutes West, 220 feet from a "H.B." stone as shown on a map made by J. L. Becton of the D. Swart property); thence with the Eastern line of the Swart property South 5 degrees 08 minutes West, 870 feet; thence with the line dividing Lot 3A and Lot 4A, North 88 degrees 30 minutes West, 1236.8 feet to a point in the centerline of the above -mentioned 60-foot right-of-way easement; thence with said line North 1 degree 30 minutes East, 857.6 feet to the point of beginning, containing 25.04 acres, more or less, and being all of Lot 4A as shown on a map of the Cornelis Swart, et al Division, made by V. W. Herlevich, and dated December, 1969, recorded in Map Book 11, at Page 3. SAVE AND EXCEPT THAT PORTION CONVEYED TO THE NORTH CAROLINA DEPARTMENT OF TREASURY WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: Beginning at the Grantor's northwestern property corner common to Malcolm L. Johnson now or formerly; same being located in a southern property line of Brannon K. Smith, now or formerly; thence easterly along and with the Grantor's northern property line common to Brannon K. Smith, now or formerly, to a point located 114.83 feet northeasterly of and perpendicular to Survey Line — L; thence southeasterly along and with a line located 114.83 feet northeasterly of and parallel with Survey Line — L to a point located 114.83 feet northeasterly of and perpendicular to Survey Station 89+04.86, Survey Line — L; thence southeasterly in it straight line to a point located 114.83 feet northeasterly of and perpendicular to Survey Station 89+94.96, Survey Line L; thence southeasterly in a straight line towards a point located 114.83 feet northeasterly of and perpendicular to Survey Station 92+00, Survey Line — L to the point of intersection with theGrantor's eastern Property Line common to Armstrong Developers now or formerly;hence southerly along and with the CZantor's eastern property line common to Armstrong Developers, to the point of intersection with a line located between a point located 114.83 feet southwester) ofand y perpendicular to Survey Station 91+40, Survey Line -- L and a point located 117.45 feet southwesterly of and perpendicular to Survey Station 93+80, Survey Line — L; thence northwesterly in a straight line to a point located 114.83 feet southwesterly of and perpendicular to Survey Station 91+4.0, Survey Line — L; thence northwesterly in a straight line to a point located 114.83 fret south westerly of and perpendicular to Survey Station 89+94.86, Survey line L, thence northwesterly in a straight line to a point located 114.83 feet south westerly of and perpendicular to Survey Station 89+04.86, Survey Line L, thence northwesdy along and with a line located 114.83 feet southwesterly ofand parallel with Survey Line L, to a point in the Grantor's western property line common with Malcolm L. Johnson, now or formerly, located 114,83 southwesterly of and perpendicular to Survey Line L, thence northerly along and with the Grantor's aforesaid western property line to the point of beginning; Board of Commissioners - March 6, 2023 ITEM: 9 - 7 - 25 Book 6165 Page 317 ALSO SAVE AND EXCEPT: Commence at point, said point being located in the western R/W line of US Highway 117(Castle Hayne Road ) Public R/W at its intersection with the northern R/W line of Bellwood Avenue (Public R/W); thence from said Commence point South 66 degrees 58 minutes 29 seconds East a distance of 3,954.32 feet to an existing iron pipe located in the western line of the now or formerly Crowatan Partners LLC Tract as recorded at Book 4952 Page 1564, New Hanover County Registry; said point being the Point of Beginning thence from said Point of Beginning, along and with the western line of the now or formerly Crowatan Partners LLC Tract South 00 degrees 31 minutes 04 seconds West a distance of 433.79 feet to an existing iron rebar located in the northern R/W line of US Interstate — 140; thence along and with the northern line of US Interstate — 140 the following courses and distances; North 62 degrees 41 minutes 27 seconds West a distance of 382.25 feet to a DOT R/W disk; thence North 62 degrees 52 minutes 01 seconds West a distance of 298.22 feet to a DOT R/W disk; thence along and with a curve to the left (R=5,856.88',Arc=181.49') having a chord which bears North 64 degrees 44 minutes 05 seconds West a distance of 181.49 feet to an iron pipe set in the southern line of the now or formerly North Carolina Department of Transportation Tract as recorded at Book 2759 Page 546, New Hanover County Registry; thence along and with the southern line of the now or formerly North Carolina Department of Transportation Tract North 86 degrees 40 minutes 24 seconds East a distance of 453.20 feet to the southeastern corner of the NC DOT tract, thence along and with the southern line of the now or formerly Crowatan Partners LLC Tract 2 as recorded at Book 4982 Page 1535, New Hanover County Registry, North 86 degrees 40 minutes 24 seconds East a distance 321.20 feet to the Point of Beginning; containing 3.79 Acres, more or less. Board of Commissioners - March 6, 2023 ITEM: 9 - 7 - 26 SOSID: 906692 Date Filed: 3/29/2007 4:51:00 PM Elaine F. Marshall North Carolina Secretary of State C200708200890 ARTICLES OF ORGANIZATION OF SWARTVILLE, LLC Pursuant to § 57C-2-20 of the General Statutes of North Carolina, the undersigned does hereby submit these Articles of Organization for the purpose of forming a limited liability company. 1. The name of the limited liability company is: SWARTVILLE, LLC 2. The duration of the limited liability company is perpetual. 3. The name and address of the organizer executing these Articles of Organization is as follows: Joel Tomaselli 1900 Eastwood Road, Suite 10 Wilmington, NC 28403 New Hanover County 4. The street address and county of the initial registered office of the limited liability company is: 1900 Eastwood Road, Suite 10 Wilmington, NC 28403 New Hanover County 5. The mailing address of the limited liability company is the same as that stated in the preceding paragraph 4. 73535 6. The name of the initial registered agent at such address is: Joel Tomaselli 7. Principal office information (select either a. or b.): (a) The limited liability company has a principal office. The street address and county of the principal office of the limited liability company is: X (b) The limited liability company does not have a principal office. Board of Commissioners - March 6, 2023 ITEM: 9 - 7 - 27 Check one of the following: x (a) Member -managed LLC: All members by virtue of their status as members shall be managers of this limited liability company. (b) Manager -managed LLC: Except as provided by N.C.G.S. Section 57C-3-20(a), the members of this limited liability company shall not be managers by virtue of their status as members. 9. To the fullest extent permitted by applicable law, as it now exists or may hereafter be amended, the limited liability company shall indemnify all members and managers of the limited liability company against all liability and litigation expense, including, but not limited to, reasonable attorneys' fees, arising out of their status as such or their activities in the foregoing capacity, regardless of when such status existed or activity occurred and regardless of whether or not they are members or managers of the limited liability company at the time such indemnification is sought or obtained. Without limiting the generality of the foregoing indemnity, such persons may also recover from the limited liability company all reasonable costs, expenses and attorneys' fees in connection with the enforcement of rights to indemnification granted herein. The provisions of this paragraph are in addition to and not in limitation of the power of the limited liability company with respect to, and the rights of any manager or member of the limited liability company to receive the benefits of, any other or further indemnification, insurance, elimination of liability or the right or benefit which is either required by the North Carolina Limited Liability Company Act or permitted thereby and duly adopted by the limited liability company in accordance therewith. 10. To the fullest extent permitted by applicable law, as it now exists or may hereafter be amended, no member or manager of the limited liability company shall have any personal liability arising out of any action, whether by or in the right of the limited liability company or otherwise, for monetary damages for breach of his or her duty as a manager or member. This paragraph shall not impair any right to receive indemnity or insurance from the limited liability company or any third party which any member or manager may now or hereafter have. Any repeal or modification of this paragraph shall not impair or otherwise adversely affect any limitation on, or elimination of, the personal liability of a member or manager effected hereby with respect to the acts or omissions occurring prior to such repeal or modification. 11. These Articles of Organization will be effective upon filing. This the _� day of M , 2007. Joel Tomaselli, Organizer 32901.1 2 Board of Commissioners - March 6, 2023 ITEM: 9 - 7 - 28 District Profiles Board of Commissioners - March 6, 2023 ITEM: 9 - 8 - 1 PURPOSE The purpose of the Residential-20 (R-20) District is provide lands that accommodate primarily very low density residential development and recreational uses. District regulations discourage development that substantially interferes with the quiet residential and recreational nature of the district. DIMENSIONAL STANDARDS Standard Single Family Detached Duplex Lot area, minimum (square feet)* 20,000 35,000 1 Lot width, minimum (feet)* 90 90 2 Front setback (feet)* 30 30 3 Side setback, street (feet)* 22.5 22.5 4 Side setback, interior (feet)* 15 15 5 Rear setback (feet)* 25 25 Density, maximum (dwelling units/acre)** 1.9 Building height, maximum (feet)*** 40 * Does not apply to Performance Residential Developments (see Section 3.1.3.D). ** Applies only to Performance Residential Developments (see Section 3.1.3.D.) *** Structures elevated on open foundations consisting of piers, posts, columns or piles shall have a maximum height of 44 feet OTHER DISTRICT STANDARDS 1. Maximum Illumination Levels: • Except for street lighting, all exterior lighting and indoor lighting visible from outside shall be designed and located so that the maximum illumination measured in foot candles at ground level at a lot line (see Figure 5.5.4.13: Maximum Illumination Levels) shall not exceed the standards in Table 5.5.4.13: Maximum Illumination Levels. Type of Use Abutting Lot Line Single family detached, two-family (duplex), triplex, and quadraplex dwellings, or vacant land in the R-20 zoning district Maximum Illumination Level at Lot Line (Foot -Candles) Board of Commissioners - March 6, 2023 ITEM: 9 - 9 - 1 PRINCIPAL USES KEY * = USE -SPECIFIC STANDARDS APPLY (SEE SECTION 4.3 FOR USE -SPECIFIC STANDARDS) By Right Agricultural Uses -Agricultural and Forestry Uses, General - Stable * - Wholesale Nursery Residential Uses - Dwelling, Dual -Unit Attached - Dwelling, Multi -Family - Dwelling, Quadraplex * - Dwelling, Single -Family Detached - Dwelling, Triplex * - Dwelling, Row -Style - Mobile Home, Doublewide - Family Care Home - Group Home Civic and Institutional - Family Child Care Home - Library - Religious Assembly - Amateur Radio Antennas (up to 90 ft.) * - Antenna & Towers less than 70 ft. in Height & Ancillary to the Principal Use - Collocation, Wireless * - Non -Substantial Modification - Elementary and Secondary Schools - Emergency Services Facility - Boating Facility, Private Residential - Community Garden - Golf Course - Park and Recreation Area - Utility Lines, Structures, and/or Facilities; General Commercial Uses - Equestrian Facility Industrial Use Waste & Salvage - Landfill, Demolition - Landfill, Landscape Special Use Residential Uses - Dwelling, Two -Family (Duplex) - Mobile Home - Mobile Home Subdivision - Senior Living: Independent Living Retirement Community - Senior Living: Assisted Living Facility * - Senior Living: Continuing Care Retirement Community Civic and Institutional - Adult Day Care - Child Care Center Animal Shelter * Community Center - Lodges, Fraternal, & Social Organizations * - Other Wireless Communication Facilities including Wireless Support Structures & Substantial Modifications * - Colleges, Universities, and Professional Schools - Vocation or Trade School -Government Offices and Buildings - Hospice - Hospital - Nursing and Rehabilitation Center - Boating Facility, Community - Cemetery * - Marina, Commercial - Marina, Commercial with Floating Structures - Electric Substation Commercial Uses - Indoor Recreation Establishment - Outdoor Recreation Establishment - Kennel * - Bed and Breakfast Inn * - Campground/Recreational Vehicle (RV) Park Industrial Use Waste & Salvage - Commercial Recycling Facility, Large Collection - Commercial Recycling Facility, Small Collection ACCESSORY AND TEMPORARY USES (SEE SECTIONS 4.4.4 & 4.5.4 FOR USE -SPECIFIC STANDARDS) Accessory Uses - Accessory Dwelling Unit - Accessory Structure - Accessory Use, Customary - Dry Stack Boat Storage Facility, at a Marina (Special Use Permit Required) - Electric Vehicle Charging Station - Farm Stand - Home Occupation - Residential Private Pier - Solar Energy Collection Facility, Accessory - RV or Travel Trailer Dwelling - Small Watercraft Storage - Stormwater Facilities on Contiguous Properties - Wind Energy Collection Facility, Accessory Temporary Uses - Construction Office - Debris Site - Farmers' Market - Special Fundraising for Non-profit Organizations - Temporary Emergency Services Facility - Temporary Family Healthcare Structure - Temporary Real Estate Office/Model - Temporary Relocation Housing Board of Commissioners - March 6, 2023 ITEM: 9 - 9 - 2 RESIDENTIAL 7 (R-7) DISTRICT �dm PURPOSE Thep urpose of the Residential-7(R-7) District is to provide lands that accommodate moderated ensityresidential deve lop mentwith a range of housing types (and income levels, including quality affordable housing), that are located walkable distances to jobs, shopping, and entertainment, and where appropriate, serve as a transition between more intensive and lower density areas. Residential development at the scale allowed in the district should support the efficient delivery of public services and increase residents' accessibility to employment, public transportation, and shopping. DIMENSIONAL STANDARDS Standard All Uses Lot area, minimum (square feet)* 7,000 1 Lot width, minimum (feet)* 50 2 Front setback (feet)* 25 3 Side setback, street (feet)* 12.5 4 Side setback, interior (feet)* 8 5 Rear setback (feet)* 20 Density, maximum (dwelling units/acre)* * 6 Building height, maximum (feet)*** 40 * Does not apply to Performance Residential Developments (see Section 3.1.3.D). ** Applies only to Performance Residential Developments (see Section 3.1.3.D). *** Structures elevated on open foundations consisting of piers, posts, columns or piles shall have a maximum height of 44 feet. OTHER DISTRICT STANDARDS *2.. L1 1. 1. Sidewalks, Trails and Bikeways: • Sidewalks shall be required to be constructed on both sides of the right-of-way of all local streets extending through the property. PRINCIPALUSESKEY By Right * = USE -SPECIFIC STANDARDS APPLY (SEE SECTION 4.3 FOR USE -SPECIFIC STANDARDS) Agricultural Uses -Agricultural and Forestry Uses, General Residential Uses - Dwelling, Dual -Unit Attached -Dwelling, Multi -Family - Dwelling, Quadraplex - Dwelling, Single -Family Detached - Dwelling, Triplex * - Dwelling, Row -Style - Dwelling, Two -Family (Duplex) - Mobile Home - Mobile Home, Doublewide -Group Home Civic and Institutional - Family Child Care Home - Religious Assembly* - Amateur Radio Antennas (up to 90 ft.) * - Antenna & Towers less than 70 ft. in Height & Ancillaryto the Principal Use - Collocation, Wireless * - Non -Substantial Modification - Emergency Services Facility - Boating Facility, Private Residential - Community Garden -Golf Course - Park and Recreation Area - Utility Lines, Structures, and/or Facilities; General * Special Use Residential Uses Mobile Home Park * - Mobile Home Subdivision - Family Care Home Civic and Institutional -Adult Day Care - Child Care Center Community Center Library - Lodges, Fraternal, & Social Organizations - Other Wireless Communication Facilities including Wireless Support Structures & Substantial Modifications * Colleges, Universities, and Professional Schools - Elementary and Secondary Schools - Vocation or Trade School Government Offices and Buildings - Hospital - Nursing and Rehabilitation Center - Boating Facility, Community - Cemetery * - Marina, Commercial - Electric Substation Commercial Uses Indoor Recreation Establishment * - Outdoor Recreation Establishment - Campground/Recreational Vehicle (RV) Park * - Convenience Store Industrial Use Waste & Salvage - Commercial Recycling Facility, Small Collection ACCESSORY AND TEMPORARY USES (SEE SECTIONS4.4.4 &4.5.4 FOR USE -SPECIFIC STANDARDS) Accessory Uses -Accessory Dwelling Unit - Accessory Structure - Accessory Use, Customary - Electronic Vehicle Charging Station - Home Occupation - Residential Private Pier - Solar Energy Collection Facility, Accessory - RV or Travel Trailer Dwelling - Small Watercraft Storage - Wind Energy Collection Facility, Accessory - Stormwater Facilities on Contiguous Properties Temporary Uses Construction Office Debris Site Farmers' Market -Temporary Emergency Services Facility -Temporary Family Healthcare Structure -Temporary Real Estate Office/Model - Temporary Relocation Housing Board of Commissioners - March 6, 2023 ITEM: 9 - 10 - 1 Public Comments In Support Neutral In Opposition Board of Commissioners - March 6, 2023 ITEM: 9 - 11 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 3/6/2023 Regular DEPARTMENT: Planning PRESENTER(S): Amy Doss, Current Planner CONTACT(S): Amy Doss; Robert Farrell, Senior Planner; Rebekah Roth, Planning & Land Use Director SU BJ ECT: Public Hearing Rezoning Request (Z23-04) — Request by James Yopp with River Road Construction, LLC, applicant and property owner, to rezone two parcels totaling approximately 13.94 acres of land located at 6900 Carolina Beach Road from R-15, Residential and CZD O&I, Office and Institutional to CZD RMF-L, Residential Multi -Family — Low Density and CZD B-2, Regional Business for a storage facility and 126 multi -family units. BRIEF SUMMARY: The applicant is proposing to rezone approximately 13.94 acres from R-15, Residential and (CZD) O&I, Conditional Office and Institutional to (CZD) RMF-L, Residential Multi -Family Low Density, and B-2, Regional Business in order to construct a 6,000 square foot mini storage building and a multi -family complex consisting of 126 units to the rear of the mini storage. The R-15 zoning district in this area was established in 1971. At the time, the purpose of the R-15 district was to ensure that housing served by private septic and wells would be developed at low densities. In June 2014, 5.71 acres of the property was rezoned to (CZD) O&I, Office and Institutional District, to develop and operate a Recreational Vehicle and Boat Trailer Storage Facility. The applicant's concept plan includes the proposed interior -access mini storage structure along Carolina Beach Road, and 126 multi -family units located within 7 buildings containing 18 units each located behind the mini storage. Amenities associated with the multi -family housing include a pool, clubhouse, and walking trails accessed to the rear of the complex. Street yard buffers along Carolina Beach Road are required along with buffers between the existing single-family neighboring use and the proposed multi -family housing and business uses. The subject site consists of two parcels zoned R-15 and (CZD) O&I. The portion of the site that fronts Carolina Beach Road is proposed for rezoning 1.28 acres to B-2. To the rear of this lies 12.66 acres proposed for rezoning to RMF- L. The subject 13.94-acre site is currently part of two parent parcels totaling approximately 33.7 acres in area. The remaining property not included with this proposal will remain zoned R-15. The proposed project of 126 multi -family low density residential units will equate to an overall density of 9.95 du/acre. The subject parcels are bound by Carolina Beach Road to the east, and the Old Cape Cod neighborhood to the north. The main access proposed to the subject property is from Carolina Beach Road, an NCDOT-maintained Urban Principal Arterial highway. A secondary access is proposed from Southern Charm Drive, an NCDOT-maintained local road. The proposed main access will be shifted south away from Southern Charm Drive and will be limited to a right in/right out on Carolina Beach Road. The secondary access from Southern Charm Drive is a full movement. As currently zoned, it is estimated the site would generate about 20 AM and 36 PM trips during the peak hours. The Board of Commissioners - March 6, 2023 ITEM: 10 proposed mini storage building and multi -family complex would result in 63 AM peak hour trips and 76 PM peak hour trips, for an increase of approximately 43 AM peak hour trips and 40 PM peak hour trips. The estimated traffic generated from the site is under the 100 peak hour threshold that triggers the ordinance requirement for a Traffic Impact Analysis (TIA). Students living in the proposed development would be assigned to Anderson Elementary, Murray Middle and Ashley High Schools. Based on a generalized historic generation rate, staff would estimate the increase in homes would result in an increase of approximately 20 more students than the estimated number of students generated under existing zoning. One of the goals of the New Hanover County Strategic Plan for 2018-2023 is to encourage the development of complete communities in the unincorporated county by increasing housing diversity and access to basic goods and services. Under the proposed RMF-L district the site would allow for multi -family attached (apartments) and increase housing type diversity by reducing the percentage of single family detached (80% to 76%) and increasing the percentage of multi -family units (0% to 5%). Section 5.4 of the UDO requires a Type A: Opaque Buffer between the project and the existing single-family neighboring use. The Comprehensive Plan designates these two parcels as Community Mixed Use and General Residential. The Community Mixed Use place type encourages a mix of commercial and moderate density residential development. The General Residential place type encourages lower density housing and office and retail uses. The proposed conditional B-2 and RMF-L rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because it is in an area designated as Community Mixed Use and General Residential and provides for the types of uses recommended by these place types. The residential densities are in line with those recommended within these place types, and the project will provide housing and commercial services to those along the Carolina Beach Road corridor and nearby residents. The Planning Board considered this application at the February 2, 2023 meeting. Three members of the public spoke in opposition to the proposal, citing concerns about the increase in traffic, noise, and access. The Planning Board voted to recommend approval of the petition (6-0) with the following conditions offered by the applicant: 1. Any RV and Boat storage must be located on the interior of the mini storage and may not be visible from a public right-of-way. 2. The access easement from Southern Charm to Carolina Beach Road shall have a public access easement. 3. The access easements from both Southern Charm Drive and Carolina Beach Road shall not be gated. 4. Multi -family structures shall be limited to three stories. The mini storage height will be limited to 3 stories or 50 feet. 5. The bufferyard between the new residential structures and the adjacent residential structures shall be no less than 20 feet. The board found it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is in an area designated as Community Mixed Use and General Residential and provides for the types of uses recommended by these place types. The board found RECOMMENDING APPROVAL of the rezoning request was reasonable and in the public interest because the proposed residential and commercial uses are in line with the density and uses in the surrounding area. Board of Commissioners - March 6, 2023 ITEM: 10 STRATEGIC PLAN ALIGNMENT: • Intelligent Growth & Economic Development o Encourage development of complete communities in the unincorporated county ■ Citizens have daily needs met by N H C businesses and support them ■ Ensure NHC has appropriate housing to support business growth RECOMMENDED MOTION AND REQUESTED ACTIONS: Based on the recommended uses for the General Residential and Community Mixed Use place types, the context and compatibility are congruent with the evolving residential and commercial development patterns in the immediate surrounding area, staff concurs with the Planning Board's recommendation and suggests the following motion with the proposed conditions, the last one revised to clarify the location of the vegetative buffer and the applicant's commitment to providing a fence along the southern property boundary: I recommend to APPROVE the proposed rezoning. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is in an area designated as Community Mixed Use and General Residential and provides for the types of uses recommended by these place types. The residential densities are in line with those recommended within these place types, and the project will provide housing and commercial services to those along the Carolina Beach Road corridor and nearby residents as recommended in the Comprehensive Plan. I also find APPROVING the rezoning request is reasonable and in the public interest because the proposed residential and commercial uses are in line with the density and uses in the surrounding area. Proposed Conditions: 1. Any RV and Boat storage must be located on the interior of the mini storage structure and may not be visible from a public right-of-way. 2. The access easement from Southern Charm to Carolina Beach Road shall have a public access easement. 3. The access easements from both Southern Charm Drive and Carolina Beach Road shall not be gated. 4. Multi -family structures shall be limited to three stories. The mini storage height will be limited to 3 stories or 50 feet. 5. The bufferyard between the new residential structures and the adjacent residential properties shall be no less than 20 feet, and a fence shall be installed along the southern property boundary. 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 provides for the types of uses recommended by these place types, I find DENYING 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 nearby neighborhoods. ATTACHMENTS: Board of Commissioners - March 6, 2023 ITEM: 10 Z23-04 BOC Script Z23-04 BOC Staff Report Z23-04 Zoning Z23-04 FLUM Z23-04 Mailout Map Z23-04 Initial App Coker Sheet Z23-04 Initial Application Z23-04 Concept Plan Coker Sheet Z23-04 Concept Plan Z23-04 Public Comment Coker Sheet Z23-04 Public Comments COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as presented by staff. COMMISSIONERS' ACTIONS: Approved with six conditions 3-2, Vice -Chair Pierce and Commissioner Zapple dissenting. Board of Commissioners - March 6, 2023 ITEM: 10 BOARD OF COMMISSIONERS SCRIPT for Zoning Map Amendment Application (Z23-04) Rezoning Request (Z23-04) — Request by James Yopp with River Road Construction, LLC, applicant and property owner, to rezone two parcels totaling approximately 13.94 acres of land located at 6900 Carolina Beach Road from R-15, Residential and (CZD) 0&1, Office and Institutional to (CZD) RMF-L, Residential Multi -Family — Low Density and (CZD) B-2, Regional Business for a storage facility and 126 multi -family units. 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 I intent of the Comprehensive Plan because it is in an area designated as Community Mixed Use and General Residential and provides for the types of uses recommended by these place types. The residential densities are in line with those recommended within these place types, and the project will provide housing and commercial services to those along the Carolina Beach ' Road corridor and nearby residents as recommended in the Comprehensive Plan. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposed residential and commercial uses are in line with the density and uses in the surrounding area. Proposed Conditions: 1. Any RV and Boat storage must be located on the interior of the mini storage and may not be visible from a public right-of-way. 2. The access easement from Southern Charm to Carolina Beach Road shall have a public access easement. Board of Commissioners - March 6, 2023 ITEM: 10- 1 - 1 3. The access easements from both Southern Charm Drive and Carolina Beach Road shall not be gated. 4. Multi -family structures shall be limited to three stories. The mini storage height will be limited to 3 stories or 50 feet. 5. The bufferyard between the new residential structures and the adjacent residential properties shall be no less than 20 feet, and a fence shall be installed along the southern property boundary. 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 in an area designated as Community Mixed Use and General Residential and provides for the types of uses recommended by these place types, 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 nearby neighborhoods. Alternative Motion for Approval/Denial: I move to [Approve/Deny] the proposed rezoning to (CZD) RMF-L and (CZD) B-2 districts. 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 - March 6, 2023 ■ ITEM: 10- 1 - 2 STAFF REPORT FOR Z23-04 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z23-04 Request: Rezoning to Conditional RMF-L and B-2 districts Applicant: Property Owner(s): James Yopp with River Road Construction, LLC River Road Construction, LLC Location: Acreage: 6900 and 6904 Carolina Beach Road 13.94 PID(s): Comp Plan Place Type: R08200-001-010-000, R08200-001-01 2-000 Community Mixed Use, General Residential Existing Land Use: Proposed Land Use: Single Family Residential, Undeveloped 126 Residential Multi -Family Units and 6,000 SF of Mini Storage Current Zoning: Proposed Zoning: R-15, Residential, (CZD) O&I, Conditional Office (CZD) RMF-L, Residential Multi -Family Low and Institutional Density, and B-2, Regional Business 1 :: 1 1,1111111111�111■111�� - �i . 1 11111111'■11111111111�1� - SURROUNDING AREA LAND USE ZONING North Single -Family Residential, Conservation Land R-15 East Carolina Beach Road, Single Family Residential R-15 South Single Family Residential, Undeveloped Land, Commercial R-15, B-1 West Conservation Land R-15 Z23-04 Staff Report BOC 3.6.2023 Page 1 of 18 Board of Commissioners - March 6, 2023 ITEM: 10- 2 - 1 AERIAL- s 1-13 o ZONING HISTORY April 7, 1971 Initially zoned R-15 June 16, 2014 Rezoned to (CZD) 0&1 for Boat and RV storage with 74 berths permitted outside. The site has not been developed for this use. COMMUNITY SERVICES Water/Sewer water and public sewer services are not available through CFPUA. The project will connect to Aqua Utilities by extension of private utility mains. Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire District, New Hanover County Federal Point Station Schools Anderson Elementary, Myrtle Grove Middle, and Ashley High Schools Recreation Veterans Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Z23-04 Staff Report BOC 3.6.2023 Page 2 of 18 Board of Commissioners - March 6, 2023 ITEM: 10- 2 - 2 APPLICANT'S PROPOSED CONCEPTUAL PLAN Multi -Family - Site Access Proposed Mini Buildings (7) Storage - - T=_ 7H � 9 l Site Access Includes Staff Markups • The applicant is proposing to construct a 6,000 SF mini storage building fronting Carolina Beach Road. • The applicant is also proposing to construct a multi -family complex consisting of 126 units to the rear of the mini -storage. • The residential units will be located within 7 buildings containing 18 units each. The buildings are proposed to be a maximum of 3 stories, a limit required by the UDO. This height maximum is included as a specific condition and would not be allowed to be increased if the ordinance was amended to allow taller buildings. • The applicant's proposed conceptual plan indicates that 6.41 of the 12.66 acres in RMF-L (about 50%) of the site will be reserved as open space at the western end of the project site. Open space will remain wooded with pedestrian access from adjacent parking areas. • The applicant's proposed concept plan includes the approximate layout and location of the 7 residential buildings along with the pool and clubhouse amenity and the location of the mini storage building. • The existing driveway access will be shifted further south on Carolina Beach Road, away from the Southern Charm Drive. Z23-04 Staff Report BOC 3.6.2023 Page 3 of 18 Board of Commissioners - March 6, 2023 ITEM: 10- 2 - 3 ZONING CONSIDERATIONS • The R-15 zoning district in this area was established in 1971. At the time, the purpose of the R-15 district was to ensure that housing served by private septic and wells would be developed at low densities. • The subject 13.94-acre site is currently part of two parent parcels totaling approximately 33.7 acres in area. The remaining property not included with this proposal will remain zoned R-15. • This portion of the county and the Carolina Beach Road corridor have experienced a gradual shift from the original R-15 zoning to more commercial districts along Carolina Beach Road and more dense residential uses, either fronting Carolina Beach Road or behind commercial businesses along Carolina Beach Road, a trend that is expected to continue. • In June 2014, 5.71 acres of the property was rezoned in 2014 to (CZD) O&I, Office and Institutional District, to develop and operate a Recreational Vehicle and Boat Trailer Storage Facility. • Under the current (CZD) 0&1 approval, the subject site would be allowed to develop and operate a Recreational Vehicle and Boat Trailer Storage facility with 74 outdoor parking spaces, an office, and would contain required buffers and landscaping on 5.71 acres. • If developed under current zoning, the site would allow for a total of 26 single-family dwellings at 2.5 du/acre, while the proposed project of 126 multi -family low density residential units will equate to an overall density of 9.95 du/acre. • Section 5.4 of the UDO requires a Type A: Opaque Buffer between the project and the existing single-family neighboring use. • Specifically along Carolina Beach Road mini-warehouse/self-storage design standards are regulated in the UDO, Section 4.3.4.C.2. These include but are not limited to the use of natural colors on the fa4ade, and the use of metal as a primary material is prohibited on walls facing arterial streets and residential development unless in the form of architecturally concealed fastener metal panels or a mix of types with non -fastener panels consisting of less than 50% of the metal paneling used. • The UDO contains controls on exterior lighting on the site, and the maximum illumination levels at the common property line with the residential properties to the west shall not exceed 0.5 foot candles. The UDO does prescribe limitations on the height, wattage, bulb -type, or fixture type, and these can be further limited with a conditional zoning request if mutually agreed upon by the applicant. • 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. Z23-04 Staff Report BOC 3.6.2023 Page 4 of 18 Board of Commissioners - March 6, 2023 ITEM: 10- 2 - 4 Development Total Units Built logo IN ri • Two access points are proposed to the subject property. The main access proposed to the subject property is from Carolina Beach Road, an NCDOT-maintained Principal Arterial highway. A secondary access is proposed from Southern Charm Drive, an NCDOT- maintained local road. • The proposed main access will be shifted south away from Southern Charm Drive and will be limited to a right in/right out on Carolina Beach Road. The secondary access from Southern Charm Drive is a full movement. • If the subject property were developed with the current (CZD) 0&1 plan for Boat/RV storage, and R-15 single-family residential, the site would generate approximately 20 AM/36 PM peak hour trips. The proposed RMF-L and B-2 districts combined would approximately generate an additional 43 AM/40 PM peak hour trips. • The estimated traffic generated from the site is under the 100 peak hour threshold that triggers the ordinance requirement for a Traffic Impact Analysis (TIA). Z23-04 Staff Report BOC 3.6.2023 Page 6 of 18 Board of Commissioners - March 6, 2023 ITEM: 10- 2 - 6 Intensity Approx. Peak Hour Trips Existing Development: 1 Single Family Dwelling 1 AM / 1 PM 74 berths (boat/RV 5 AM / 16 PM storage) Typical Development under Current Zoning: 21 single-family 15 AM / 20 PM dwellings 6,000 Square Foot Mini 1 AM / 1 PM Storage Proposed Development: 126 multi -family units 62 AM / 75 PM • 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 Annual Averaae Daily Traffic (AADT) — 2019, 2021 Road Location Volume Capacity V/C 35,500 86 US 421 (Carolina (2019) 41,369 Beach Road) 6900 block vehicles 36,000 87 (2021) • NCDOT's Annual Average Daily Traffic (AADT) is the total volume of vehicle traffic on a section of a road, in both directions, for a year divided by 365 days. It is intended to estimate, with as little bias as possible, the mean traffic volume across all days for a year for a given location. • The Wilmington MPO also gathers independent traffic counts in the county at various dates and locations throughout the year. These counts are not adjusted or averages but instead represents all traffic over a 24-hour interval on the designated date and represent a specific snapshot in time of traffic for an area. WMPO Traffic Counts — July, 2022 Road Location Traffic Count US 421 (Carolina 6900 block 38,756 Beach Road) • Before any development can occur on this site, the Technical Review Committee will review all plans for compliance with applicable land use regulations, including any recommended roadway improvement required through the NCDOT driveway permitting process. Z23-04 Staff Report BOC 3.6.2023 Page 7 of 18 Board of Commissioners - March 6, 2023 ITEM: 10- 2 - 7 Nearby Planned Transportation Improvements and Traffic Impact Analyses Traffic Impact Analyses , P 0 z SEAVIEW RD Bayat Mixed -Use II m • . �111 now 111-on OPINION �MMME1i 11 Mile Radius Project TIA 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. IProposed Development I Land Use/Intensity I TIA Status Z23-04 Staff Report BOC 3.6.2023 Page 8 of 18 Board of Commissioners - March 6, 2023 ITEM: 10- 2 - 8 • 12 Single -Family attached • TIA approved January 12, 1. Bayat Mixed -Use dwelling units and a 6,000- 2023 sf Convenience Store w/1 8 • 2025 build -out year pumps The TIA required the following improvements made at US 421 (Carolina Beach Road) at Myrtle Grove Road • Extend the northbound U-turn lane from 100 feet of storage to 200 feet of storage. Nearby Proposed Developments included within the TIA: • None IDevelopment Status: Proposed Rezoning Under Review I Proposed Development I Land Use/Intensity I TIA Status 2. River Oaks • 108 Single -Family detached housing units • TIA approved July 24, 2020 • 2021 build -out year The TIA required no improvements at any of the intersections. Nearby Proposed Developments included within the TIA: I • None Development Status: Development currently under construction Proposed Development I Land Use/Intensity I TIA Status 3. Masonboro Golf • 141 Single -Family • TIA approved August 16,2018 Club detached housing units . 2020 build -out year The TIA required the following improvements made at SR 1 576 (River Road) at The Cape Blvd • Provide a southbound, left -turn lane on River Road with 50 feet of storage, 50 feet of full -width deceleration and appropriate taper. Nearby Proposed Developments included within the TIA: I • None Development Status: Built out Z23-04 Staff Report BOC 3.6.2023 Page 9 of 18 Board of Commissioners - March 6, 2023 ITEM: 10- 2 - 9 ENVIRONMENTAL • The property is not within a Natural Heritage Area or the Special Flood Hazard Area. • The property is within the Lord's Creek watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class III (severe limitations) soils; however, the project is proposed to be served by private utilities. OTHER CONSIDERATIONS Schools • Students living in the proposed development would be assigned to Anderson Elementary School, Murray Middle School, and Ashley High School. Students may apply to attend public magnet, year-round elementary, or specialty high schools. • A maximum of 26 dwelling units would be permitted under the current R-15 zoning base density on the 8 acres of R-15, and 126 units could potentially be developed under the proposed zoning for an increase of 100 dwelling units. • Based on a generalized historic generation rate*, staff would estimate that the increase in homes would result in approximately 20 additional students than would be generated under current zoning. • The general student generation rate provides only an estimate of anticipated student yield as different forms of housing at different price points yield different numbers of students. Over the past four years, staff has also seen a decline in the number of students generated by new development. Student numbers remained relatively stable between 2015 and 2020 (excepting the impacts of the COVID-19 pandemic), while 14,500 new residential units were permitted across the county. In addition, the student population is anticipated to only grow by approximately 1,300 students over the next 10 years based on the most recent New Hanover County Schools Facility Needs Study. Development Type Intensity Estimated Student Yield (current general student generation rate) Existing Development 1 residential unit Approximate** Total: 0 (0 elementary, 0 middle, 0 high) Typical Development Under 26 residential units Approximate** Total: 5 Current Zoning (2 elementary, 1 middle, 2 high) Proposed Zoning 126 residential units Approximate** Total: 26 (1 1 elementary, 6 middle, 9 high) *The current general student generation rate was calculated by dividing the New Hanover County public school student enrollment for the 2022-2023 school year by the number of dwelling units in the county. Currently, there are an average of 0.22 public school students (0.09 for elementary, 0.05 for middle, and 0.07 for high) generated per dwelling unit across New Hanover County. These numbers are updated annually and include students attending out - of -district specialty schools, such as year-round elementary schools, Isaac Bear, and SeaTech. **Because the student generation rate often results in fractional numbers, all approximate student generation yields with a fraction of 0.5 or higher are rounded up to a whole number and yields with a fraction of less than 0.5 are Z23-04 Staff Report BOC 3.6.2023 Page 10 of 18 Board of Commissioners - March 6, 2023 ITEM: 10-2- 10 rounded down. This may result in student numbers at the elementary, middle, and high school levels not equaling the approximate total. • Staff has provided information on existing school capacity to provide a general idea of the potential impact on public schools, but these numbers do not reflect any future capacity upgrades. School Enrollment* and Capacity** (2022-2023 School Year) Capacity of Funded or Total Enrollment of Assigned Capacity of Planned Level NHC School Assigned School Assigned Capacity Capacity School w/Portables School Upgrades Elementary 91 % Anderson 624 560 1 1 1 % None Middle 92% Murray 882 889 99% None High 99% Ashley 1983 1990 100% None *Enrollment is based on the New Hanover County Schools student numbers for the 2022-2023 school year. **Capacity calculations were determined based on the capacities for the 2022-2023 school year, and funded or planned capacity upgrades were those included in the Facility Needs Study presented by New Hanover County Schools to the Board of Education in January 2021. This information does not take into account flexible scheduling that may be available in high school settings, which can reduce the portion of the student body on campus at any one time. • The 2021 facility needs survey prepared by Schools staff indicates that, based on NC Department of Public Instruction (DPI) student growth projections and school capacity data, planned facility upgrades, combined with changes to student enrollment patterns, will result in adequate capacity district wide over the next ten years if facility upgrades are funded. New Hanover County Strategic Plan • One of the goals of the New Hanover County Strategic Plan for 2018-2023 is to encourage the development of complete communities in the unincorporated county by increasing housing diversity and access to basic goods and services. • The proposed (CZD) RMF-L zoning district would allow for an increase in housing diversity. • The predominant housing type in the area is single family detached at 80%. Under the proposed RMF-L district the site would allow for multi -family attached (apartments) and increase housing type diversity by reducing the percentage of single family detached (80% to 76%) and increasing the percentage of multi -family units (0% to 5%). • The subject property is located in the Snows Cut community area, where 18% of residents currently live within one -mile of a convenience need (grocery store, retail staples, pharmacies, etc.), a support service (urgent care, primary doctor's office, child & adult care, etc.), and a community facility (public park, school, museum etc.). Under the proposed RMF-L district, there would be no change to the number of residences within one -mile of goods and services. Z23-04 Staff Report BOC 3.6.2023 Page 11 of 18 Board of Commissioners - March 6, 2023 ITEM: 10- 2 - 11 Representative Developments Representative Developments of R-15 (Existing Zoning): E Cottage Grove Clay Crossing Z23-04 Staff Report BOC 3.6.2023 Page 12 of 18 Board of Commissioners - March 6, 2023 ITEM: 10- 2 - 12 Representative Developments of (CZD) O & I for Boat & RV storage (Existing Zoning): Smith Creek Storage Facility Representative Developments of RMF-L (Proposed Zoning/Land Use): PIP k Stephens Pointe Z23-04 Staff Report BOC 3.6.2023 Page 13 of 18 Board of Commissioners - March 6, 2023 ITEM: 10- 2 - 13 All Seasons Storage in Monkey Junction Context and Compatibility • The property is located on the corner of Carolina Beach Road and Southern Charm Drive. The proposed access from Carolina Beach Road will be a shared access for both the multi- family residential and the mini -storage with an additional access from Southern Charm Drive. • All traffic exiting the site must make a right turn onto Carolina Beach Road and U-turn to head north. There is no pedestrian infrastructure located on the properties adjacent to the site. • Adjacent property to the south is single-family residential and to the west is conservation land, however the general vicinity along Carolina Beach Road has varying densities of R- 15 single-family residential development and B-1 commercial to the south on Carolina Beach Road. • As currently zoned, a portion of the site is approved for a 74 berth RV & Boat storage lot. • Due to the location and surrounding development patterns, the property is less likely to be developed with low density housing. The last concept plan approved for the site was for a boat and RV outdoor storage lot with 74 berths, approved in 2014 and not subject to current height and screening requirements per the current UDO now required for the mini - storage. • The proposed concept plan locates a commercial use along Carolina Beach Road, a developing commercial corridor. Low -density multi -family housing is proposed between existing R-15 and performance R-15 in the area, providing a transitional type of infill development. Multi -family units will offer an alternative housing type to the existing single-family housing in the vicinity. The proposed multi -family housing is more compatible Z23-04 Staff Report BOC 3.6.2023 Page 14 of 18 Board of Commissioners - March 6, 2023 ITEM: 10- 2 - 14 with the adjacent residential land uses than the approved boat and RV storage. Housing patterns along the Carolina Beach Road corridor are becoming denser, making this a more appropriate development pattern for the site. • To the north along Carolina Beach Road, there is a TIA under consideration for a development that includes a convenience store and fuel stations abutting an apartment complex. A community meeting for the project was held in November and staff currently anticipates that we will receive a full application for the item by the time the Board considers this rezoning request. 2016 COMPREHENSIVE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County's future land use, as designated by place types describing the character and function of the different types of development that make up the community. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. LAND USE GENERAL RESIDENTIAL COMMUNJY MIXED USE ! CONSERVATION Z23-04 Community Mixed Use, General Residential HApver County, NC A Future Land Use Because of the general nature of place type borders, sites located in Map Place Type proximity to the boundaries between place types could be appropriately developed with either place type, allowing site -specific features and evolving development patterns in the surrounding area to be considered. Community Mixed Use: 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. Place Type Description General Residential: Focuses on lower -density housing and associated civic and commercial services. Typically, housing is single-family or duplexes. Commercial uses should be limited to strategically located office and retail spaces, while recreation and school facilities are encouraged throughout. Types of uses include single-family residential, low -density multi -family, residential, light commercial, civic, and recreational. Z23-04 Staff Report BOC 3.6.2023 Page 15 of 18 Board of Commissioners - March 6, 2023 ITEM: 10- 2 - 15 The Comprehensive Plan designates these two parcels as Community Mixed Use and General Residential. The Community Mixed Use place type encourages a mix of commercial and moderate density residential development. The General Residential place type encourages lower density housing and office and retail uses. The Community Mixed Use place type promotes a mix of retail and residential development at moderate densities of up to 15 units per acre. General Residential encourages a slightly lower density of 8 dwelling units per acre. Analysis The Carolina Beach Road corridor is designated as Community Mixed Use, which encourages higher -intensity mixed use. There are no existing bike and pedestrian facilities on adjacent properties or in the vicinity. The proposed mixed -use project would provide a commercial use along a developing commercial corridor which will serve as a transition between Carolina Beach Road and low -density multi -family residential in the rear of the property. The RMF-L proposal would increase land efficiency and provide a larger variety of housing to the area while serving as a transition between existing residential neighborhoods, meeting the intent of the place type. The proposed conditional B-2 and RMF-L rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because it is in an area Consistency designated as Community Mixed Use and General Residential and Recommendation provides for the types of uses recommended by these place types. The residential densities are in line with those recommended within these place types, and the project will provide housing and commercial services to those along the Carolina Beach Road corridor and nearby residents. Z23-04 Staff Report BOC 3.6.2023 Page 16 of 18 Board of Commissioners - March 6, 2023 ITEM: 10- 2 - 16 PLANNING BOARD ACTION The Planning Board considered this application at the February 2, 2023 meeting. Three members of the public spoke in opposition to the proposal, citing concerns about the increase in traffic, noise, and access. The Planning Board voted to recommend approval of the petition (6-0) with the following conditions offered by the applicant: 1 . Any RV and Boat storage must be located on the interior of the mini storage and may not be visible from a public right-of-way. 2. The access easement from Southern Charm to Carolina Beach Road shall have a public access easement. 3. The access easements from both Southern Charm Drive and Carolina Beach Road shall not be gated. 4. Multi -family structures shall be limited to three stories. The mini storage height will be limited to 3 stories or 50 feet. 5. The bufferyard between the new residential structures and the adjacent residential structures be no less than 20 feet. The Board found it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is in an area designated as Community Mixed Use and General Residential and provides for the types of uses recommended by these place types. The Board found RECOMMENDING APPROVAL of the rezoning request was reasonable and in the public interest because the proposed residential and commercial uses are in line with the density and uses in the surrounding area. Z23-04 Staff Report BOC 3.6.2023 Page 17 of 18 Board of Commissioners - March 6, 2023 ITEM: 10- 2 - 17 STAFF RECOMMENDATION Based on the recommended uses for the General Residential and Community Mixed Use place types, the context and compatibility are congruent with the evolving residential and commercial development patterns in the immediate surrounding area, staff concurs with the Planning Board's recommendation and suggests the following motion with the proposed conditions: I recommend to APPROVE the proposed rezoning. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is in an area designated as Community Mixed Use and General Residential and provides for the types of uses recommended by these place types. The residential densities are in line with those recommended within these place types, and the project will provide housing and commercial services to those along the Carolina Beach Road corridor and nearby residents as recommended in the Comprehensive Plan. I also find APPROVING the rezoning request is reasonable and in the public interest because the proposed residential and commercial uses are in line with the density and uses in the surrounding area. Proposed Conditions: 1. Any RV and Boat storage must be located on the interior of the mini storage structure and may not be visible from a public right-of-way. 2. The access easement from Southern Charm to Carolina Beach Road shall have a public access easement. 3. The access easements from both Southern Charm Drive and Carolina Beach Road shall not be gated. 4. Multi -family structures shall be limited to three stories. The mini storage height will be limited to 3 stories or 50 feet. 5. The bufferyard between the new residential structures and the adjacent residential properties shall be no less than 20 feet, and a fence shall be installed along the southern property boundary. 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 provides for the types of uses recommended by these place types, I find DENYING 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 nearby neighborhoods. Z23-04 Staff Report BOC 3.6.2023 Page 18 of 18 Board of Commissioners - March 6, 2023 ITEM: 10- 2 - 18 F 4 1 4 yR��gam" i .4 1F°r `.s.r-� k1�f,, s. X, Case: Site Address: Existing Zoning/Use: Proposed Zoning/Use: Z23-04 6900 & 6904 R-15 & (CZD) RMF-L & Carolina Beach Rd (CZD) 0&1 B-2 Site: Z23-04 GENERAL RESIDENTIAL COMMUNITY MIXED USE CONSERVATION 9i, N Board of Commissioners - March 6, ITEM: 10- 4 - 1 0 500 US Feet I I is inoon IOO;IIVAlAA' jo I1711111111111. 1 Ism avail Initial Application Documents & Materials Board of Commissioners - March 6, 2023 ITEM: 10- 6 - 1 PC It#EIVED J AN 0 3 2023 NEW HANOVER COUNTY L BY: .............................. 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. 1. Applicant and Property Owner Information Applicant/Agent Name James Yopp Company River Road Construction, LLC Address 7160 River Road City, State, Zip Wilmington, NC 28412 Phone 1910-443-3060 Pubile Hearing Procedures Owner Name (if different from Applicant/Agent) River Road Construction Company/Owner Name 2 James Yopp - Manager Address 7150 River Road City, State, Zip Wilmington, NC 28412 Phone 910-443-3060 Email Email JamesB-Rockford Partners. net Jame: Board of Commissioners - March 6, 2023 Page 1 of ITEM: 10- 7 -Conditional Zoning District Application - Updated 05-2021 2. Subject Property Information Address/Location 6900 and 6904 Carolina Beach Road Total Parcel(s) Acreage 13.94 +/- Parcel Identification Number(s) R08200-001-010-000, R08200-001-012-000 Existing Zoning and Use(s) R-15 and CZD 0&1 3. Proposed Zoning, Use(s), & Narrative Future Land Use Classification Community Mixed Use and General Residential Proposed Conditional Zoning District: RMF-L and B-2 I Total Acreage of Proposed District:13.94 +/- Please list the uses that will be allowed within the proposed Conditional Zoning District, the purpose of the district, and a project narrative (attach additional pages if necessary). Note: Only uses permitted in the corresponding General Use District are eligible for consideration within a Conditional Zoning District. The proposed project is to develop one hundred twenty-six multifamily low density family residences and a storage facility along Carolina Beach Road. Residential homes will be one, two, and three bedrooms provided in three story buildings. Parking is adequately accounted for including an amenity package. Access is directly supplied with ingress and egress to Carolina Beach Road with a deceleration right in ght out lane. An additional ingress and egress to Southern Charm Drive is connected. Water and sanitary sewer will connect to Aqua Utilities by extension of public utility mains. Stormwater management will be managed with detention ponds and discharge drainage outlets at different locations on the site. 4. Proposed Condition(s) Note: Within a Conditional Zoning District, additional conditions and requirements which represent greater restrictions on the development and use of the property than the corresponding general use district regulations may be added. These conditions may assist in mitigating the impacts the proposed development may have on the surrounding community. Please list any conditions proposed to be placed on the Conditional Zoning District below. Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process. Reference the site plan for physical conditions. Increased density provides opportunity for diversified housing types. There have been discussions with NHC staff toward the need for work force housing and housing affordability. Providing adequate lighting levels, however limitations to not disturb the adjacent property owners have been discussed and will be incorporated in the final plan. Board of Commissioners - March 6, 2023 Page 2 of 6 ITEM: 10- 7 - donditional Zoning District Application — Updated 05-2021 5. Traffic Impact Please provide the estimated number of trips generated for the proposed use(s) based off the most recent version of the Institute of Traffic Engineers (ITE) Trip Generation Manual. A Traffic Impact Analysis (TIA) must be completed for all proposed developments that generate more than 100 peak hour trips, and the TIA must be included with this application. ITE Land Use: 221 Mid -rise I Multi -family Housing and storage Trip Generation Use and Variable (gross floor area, dwelling units, etc.)126 residential units and storage facility AM Peak Hour Trips: 63 PM Peak Hour Trips: 76 6. Conditional Zoning District Considerations The Conditional Zoning District procedure is established to address situations where a particular land use would be consistent with the New Hanover County 2016 Comprehensive Plan and the objectives outlined in the Unified Development Ordinance and where only a specific use or uses is proposed. The procedure is intended primarily for use with transitions between zoning districts of dissimilar character where a particular use or uses, with restrictive conditions to safeguard adjacent land uses, can create a more orderly transition benefiting all affected parties and the community at -large. The applicant must explain, with reference to attached plans (where applicable), how the proposed Conditional Zoning district meets the following criteria. 1. How would the requested change be consistent with the County's policies for growth and development, as described in the 2016 Comprehensive Plan, applicable small area plans, etc. + The policies for growth and development encourage a transition from single family residences to increased residential densities for adjacent properties designated as community mixed use. This will allow for diversified housing products to help satisfy the deficit in housing affordability and rental homes in the area. Board of Commissioners - March 6, 2023 Page 3 of 6 ITEM: 1 0- 7 - Conditional Zoning District Application — Updated 05-2021 2. How would the requested Conditional Zoning district be consistent with the property's classification on the 2016 Comprehensive Plan's Future Land Use Map. The Comprehensive Plan was developed for the general direction for future growth in New Hanover County. It identifies areas connecting to Carolina Beach Road as Community Mixed -Use and Urban Mixed -Use. Increased densities of residential development are appropriate when direct access to major thoroughfare roads is provided. This serves as a transition from busy corridors and the less dense residential communities. Commercial uses, such as B-2, are appropriate and established along Carolina Beach Road. 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? The development and availability of utilities has allowed expansion of increased densities in this part of NHC. The density allowed in the R-15 zoning district does not support the Comprehensive Land Use Plan for diversified housing or housing affordability. The current 0&1 zoning does not address the housing gap in our community. Increased cost in infrastructure and interest rates requires increased density to support smart sustainable growth and development as recommended in the Comprehensive Land Use Plan. New Hanover County has not provided options in housing types to meet the needs of families of all age groups. Retiring residences and work force residence also have limited options in New Hanover County to fit their housing needs. Pleasure Island workers would benefit by having homes closer to their place of employment. Board of Commissioners - March 6, 2023 Page 4 of 6 ITEM: 10- 7 - Conditional Zoning District Application — Updated 05-2021 Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under "Applicant Initial'. If an item is not applicable, mark as "N/A". Applications determined to be incomplete must be corrected in order to be processed for further review; Staff will confirm if an application is complete within five business days of submittal. Application Checklist Applicant Initial El This application form, completed and signed JLY Application fee: 0 • $600 for 5 acres or less • $700 for more than 5 acres • $300 in addition to base fee for applications requiring TRC review JLY 0 Community meeting written summary JLY p Traffic impact analysis (if applicable) I] Legal description (by metes and bounds) or recorded survey Map Book and Page Reference of the property requested for rezoning JLY Conceptual Plan including the following minimum elements: 1K 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 JLY p 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. JLY Board of Commissioners - March 6, 2023 Page 5 of 6 ITEM: 10- 7 - Conditional Zoning District Application — Updated 05-2021 0 One (1) digital PDF copy of ALL documents AND plans JLY 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) Signat a of Applicant! ent Print Name Note: This form must be signed by the owner(s) of record. If there are multiple property owners, a signature is required for each owner of record. If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will be calendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. Page 6 of 6 Board of Commissioners - MaC bMit "Zoning District Application — Updated 05-2021 ITEM: 10- 7 - 6 r - - I I V I I 0 I I II 1 I I — r I I I , I I i I I I I I I 6 I I I I I S P IL I I I I I j Board of Commissioners - March �, 2023 ITEM: 10- 7 - 7 ^� 4 �� , d11B 0Y0a Y3NaNI0SiG •/ F, @ 3 ^■ n •Nou�lwtsxm woa a�+ia �a3rxlo i g.� i aS3NId NVTINWM06Z YNrroaro werox u � as+oNYN xaN m � m w s Nrrww�n g 1 2 .lalad� aNal� i L. _ 4< l` k i i I I 1 I 1 I I I 1 � 4 y � I a I I i i i / 1 / I I I I � I I I I r, II I-� a Board of Commissioners - March 6, 2023 ITEM: 10- 7 - 8 James YoEe From: Scott James <Scott.James@wilmingtonnc.gov> Sent: Monday, November 14, 2022 1:39 PM To: Chase Smith Cc: Andrew Poole; Farrell, Robert; Jamar Johnson Subject: RE: 6900 & 6904 Carolina Beach Road, Wilmington, NC Good afternoon Chase, I don't see anything that the TIA review committee (NCDOT/WMPO/NHC) will require. I assume your client will submit a project description that includes the estimated number of site trips (daily/peak hour) for review by NHC, correct? In which case, we'd concur that no traffic analysis is required. Scott A. James, P.E. Transportation Planning Engineer Wilmington MPO Desk line (910) 473 - 5130 From: Chase Smith <csmith@rameykemp.com> Sent: Monday, November 14, 2022 1:29 PM To: Scott James <Scott.James@wilmingtonnc.gov> Cc: Andrew Poole <apoole@rameykemp.com> Subject: 6900 & 6904 Carolina Beach Road, Wilmington, NC Importance: High Good Afternoon Scott, Hope you had a great weekend. We were contacted about a potential project located on the west side of Carolina Beach Road south of Southern Charm Drive. Based on our coordination with the development, they are proposing 126 apartment units and a 6,000 square foot personal storage facility. Access is proposed to be located via Southern Charm Drive as well as a right in right out access location on Carolina Beach Road. At the proposed density, the trip generation potential of the development is: Apartments • Daily: 883 total • AM Peak Hour: 62 total (15 in, 47 out) • PM Peak Hour: 75 total (47 in, 28 out) Storage • Daily: 9 total • AM Peak Hour: 1 total (0 in, 1 out) • PM Peak Hour: 1 total (0 in, 1 out) As you can see, the development is likely not to exceed the 1,000 vehicles per day threshold or 100 vehicles trips per hour. In terms of traffic fulfillment, is there anything that would be needed to be provided by the developer to move forward with this site? 1 Board of Commissioners - March 6, 2023 ITEM: 10- 7 - 9 Let us know if you should have any questions. Thanks! Chase Smith, PE Traffic Engineering Project M D 336 714 0112 1 T 336 725 5470 1 C 336 813 9289 RAMY'"RKA TOG ETNKR WE AEMPA���LIMITLESS E-mail correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 2 Board of Commissioners - March 6, 2023 ITEM: 10- 7 - 10 k4r• � k Board of Commissioners - March 6, 2023 ITEM: 10- 7 - 12 - r - iE t � I CC t Board of Commissioners - Mar ITEM: 10- 7 - 13 1 Notice of Meeting December 16, 2022 To: Adjacent Property Owners From: James Yopp Re: 6900 and 6904 Carolina Beach Road The owners of this property are proposing a new multi -dwelling community. The development will include one hundred twenty-six (126) residential units in six (6) buildings, along with an amenity package. The Carolina Beach Road frontage will include an enclosed storage facility. An exhibit of the proposed site plan is attached. Approval of a Conditional Zoning District allows particular uses to be established only in accordance with a specific plan, standards, and conditions pertaining to each individual development project. The County requires that the developer hold a meeting for all property owners within 500 feet of the tract boundary, and any and all other interested parties. This provides neighbors with an opportunity for explanation of the proposal and questions to be answered concerning project improvements, benefits, and impacts. A meeting will be held on Thursday, December 29', 6:00 p.m., at the Courtyard by Marriott, Carolina Beach Oceanfront — Carolina Beach, 100 Charlotte Avenue. If you prefer, or cannot attend, you are also welcome to contact me by Email: jamesO rockfordpartners.net 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. 5926 Shiloh Drive, Wilmington, NC 28409 Email: iames@rockfordcartners.net Board of Commissioners - March 6, 2023 ITEM: 10- 7 - 14 REPORT OF COMMUNITY MEETING REQUIRED BY NEW HANOVER COUNTY ZONING ORDINANCE FOR CONDITIONAL DISTRICT REZONINGS Project Name: McQuillan Pines, 6900 Carolina Beach Rd and 6904 Carolina Beach Rd. Proposed Zoning: O & I and R-15 to RMF-L and B-2 The undersigned hereby certifies that written notice of a community meeting on the above zoning application was given to the adjacent property owners set forth on the attached list by first class mail and provided to the Planning Department for notice of the Sunshine List on December 16th, 2022. A copy of that written notice and site layout are also attached. The meeting was held at the following time and place: Thursday. December 291, 6:00 PM: at the Cour!Yard by Marriott. 100 Charlotte Avenue, Carolina Beach The persons in attendance at the meeting were: Reference si,7n-in sheet. The following issues were discussed at the meeting: Attendees at the meeting were irimaril,, from the Cape Cod subdivision and residences along McQuillan Drive. A description of the current O&I and R-5 zoning, along with the proposed RMF-L and B-2 districts were discussed. The I?rol2osed project including, one hundred and twen -six apartments along with a storage facilily along Carolina Beach was presented. The comprehensive land use plan for higher density of development along highway corridors like Carolina Beach Road and the need for diversified residential home types specific to this 12art of the county was a focal point. The traffic analysis and locations of ingress and egress from Carolina Beach Road and connection to Southern Charm was provided in the presentation. Opportunities for tree preservation, along with open space buffering was detailed in the layout. Expansion of water, sanitary sewer, and stormwater management requirements were explained. Date: 01-02-2023 Applicant: River Road Construction LLC By: James L. Yopj2 III Board of Commissioners - March 6, 2023 ITEM: 10- 7 - 15 ra ao CO go WE cps M Ln CC)O F 11 ev 40 41 it CP N ■ --�, N - - F4 cm r- CED to %— CM O 0. 0 Cz %- Ln s13 M cb tp• Ln E3 M tv 2'R■ ❑ cc Lj R 0 10 rl 0 0 EYW, E3 N 0 rl EL N ■ LO CR 'Pao wu IE6 rw Ln E3 ■ Di QN E3 LO r--tw LO ❑ Ertltri b Coll R 0 Op Z 0 EYE 40 .M- LK 13 VO cc 0 0 04 Board of Commissioners ■ - March 2023 I a c" 1- :3 ITEM: 10-7-16 LIM -V Ln =N Ci CO lt All ''Cwm No i. At r- Jr. ir C* vs ' W a rcq a LO tw N- tV ME Ma k R's • N Ln LO MF ;ME cor 7tn ea to:P- , lot cw v lot Ln 0 uq a MR LO PROPERTIES WITHIN 500' PERIMETER OF 6900 & 6904 CAROLINA BEACH ROAD: ADACENT PROPERTY OWNER MAILING ADDRESS CITY / STATE / ZIP A SHORE THING NC LLC 1501 BURNETT ROAD WILMINGTON, NC 28409 ADAMS LEON C DELORIS E 17212 133RD AVE APT 9A JAMAICA, NY 11434 AIKEN JIMMIE LEE BRENDA 209 MCQUILLAN DR WILMINGTON, NC 28412 ALEXANDER HILDA 1 456 MCQUILLAN DR WILMINGTON, NC 28412 ALFORD JACK A JR 6916 SOUTHERN EXPOSURE WILMINGTON, NC 28412 ALTOMARE ANTHONY P 19 BIRCHWOOD CT BLAUVELT, NY 10913 ANDERSON ASHLEY M ETAL 301 MCQUILLAN DR WILMINGTON, NC 28412 ANDERSON JOHN A PATRICIA E 822 SUMMERTREE LN WILMINGTON, NC 28412 AQUA NORTH CAROLINA INC 202 MACKENAN CT CARY, NC 27511 ATWOOD ADOLPH JR 1935 MILLAM ST BEAUMONT, TX 77701 ATWOOD RODRICK D MARGUERIT 6909 CAROLINA BEACH RD WILMINGTON, NC 28412 AU MAN REGINA A 412 MCQUILLAN DR WILMINGTON, NC 28412 AUSTIN PHILLIP ROGER ELIZABETF477 MCQUILLAN DR WILMINGTON, NC 28412 BARE ROBERT C LORI D 136 MCQUILLAN DR WILMINGTON, NC 28412 BARKER MICHAEL C ETAL 827 SOUTHERN CHARM DR WILMINGTON, NC 28412 BARKER MICHAEL R ETAL 813 SOUTHERN CHARM DR WILMINGTON, NC 28412 BARR RALPH 306 MCQUILLAN DR WILMINGTON, NC 28412 BAUCOM BRIAN M 615 TARBORO AVE CAROLINA BEACH, NC 28428 BEARDSWORTH RICHARD REV LIV 2431 ALFORD LANDING DR WILMINGTON, NC 28409 BEATTIE DENISE 1600 PHILLIPS DR SANFORD, NC 27330 BLACKLEDGE CHRISTINE L 322 MCQUILLAN DR WILMINGTON, NC 28412 BLANKS DOTTIE ARNETTE 120 MCQUILLAN DR WILMINGTON, NC 28412 BOLEN HEATHER A 135 MCQUILLAN DR WILMINGTON, NC 28412 BOYD JEAN NA M 839 SOUTHERN CHARM DR WILMINGTON, NC 28412 BROWN CLYDE C LIFE ESTATE 514 MARLIN DR NEWPORT NEWS, VA 23602 BROWN DAVID SALLY 407 LINCOLN PL APT 2C BROOKLYN, NY 11238 BRYANT ALFRED JR ALMA 0 6946 CAROLINA BEACH RD WILMINGTON, NC 28412 BRYANT BESSIE M HEIRS 6946 CAROLINA BEACH RD WILMINGTON, NC 28412 BRYANT MANNING R 6950 CAROLINA BEACH RD WILMINGTON, NC 28412 BRYANT STEVEN 220 MCQUILLAN DR WILMINGTON, NC 28412 BURSELL BRIAN 217 MCQUILLAN DR WILMINGTON, NC 28412 CALHOUN TIMOTHYJ LINDA P 106 CHIMNEY LN WILMINGTON, NC 28409 CAPE FEAR COMMUNITY COLLEGE411 FRONTST N WILMINGTON, NC 28403 CAPE FEAR PUBLIC UTIL AUTHOR11235 GOVERNMENT CENTER DR WILMINGTON, NC 28403 CAPERS JULIUS 6951 CAROLINA BEACH RD WILMINGTON, NC 28412 CAROLINA BUILDING SPECIALISTS 1322 LAKE PARK BLVD UNIT 1 CAROLINA BEACH, NC 28428 CAROLINA SLEEP & SIT INC 1459 MAPLEWOOD DR NEW CUMBERLAND, PA 17070 CASE BOBBY L 428 MCQUILLAN DR WILMINGTON, NC 28412 CASTRO GUADALUPE E 816 SOUTHERN CHARM DR WILMINGTON, NC 28412 CERVERO LISA ETAL 346 MCQUILLAN DR WILMINGTON, NC 28412 CHAPMAN CHARLES L CYNTHIA D 209 GABRIEL ST WILMINGTON, NC 28412 CHILDS CRAIG S RACHEL E 452 MCQUILLAN DR WILMINGTON, NC 28412 CLARK PALMA M TRUSTEE ETAL 713 TENTH ST RADFORD, VA 24141 Board of Commissioners - March 6, 2023 ITEM: 10- 7 - 17 COLEMAN FREDDIE J COX CATHERINE S CRAMER CAROLINE DAVENPORT DOROTHY M ETAL 313 MCQUILLAN DR 828 SOUTHERN CHARM DR 205 MCQUILLAN DR 6905 HABERDEEN DR DAVIS JAMES SR ANNE C 7903 CHAMPLAIN DR DECKER THOMAS DEE REBECCA D 6919 SOUTHERN EXPOSURE 809 SOUTHERN CHARM DR DELENGOWSKI GERRY 35 HAMPSTEAD DR DUFFIELD DALLAS PEGGY ELLER JEREMY W HOLLY M ELLER KRISTA M ESTRICH SCOTT PAMELA FCHARLIE LLC FENNELL TRUST FISHER TYLOR J FLEMING KIMBERLY A 425 MCQUILLAN DR 128 MCQUILLIAN DR 818 SUMMERTREE LN 409 MCQUILLAN DR 712 SOUTHERN CHARM DR 24001 MARTINGALE WAY 708 SOUTHERN CHARM DR 2652 TRALEE DR FLOREN LUIS F OLINDA REV TRUS18608 FALLSDALE DR FOUST JACQUELINE GAGUM ERNEST C MONICA B GANN GINAJ GARNER BRYAN B STACEY D GARRETT GREGORY P ROBYN GIESCHEN MICHAEL B 817 SOUTHERN CHARM DR 349 MCQUILLAN DR 819 SOUTHERN CHARM DR 4125 SALEM LANDING DR 340 LEHIGH RD 820 SOUTHERN CHARM DR GINTER KARA 807 SOUTHERN CHARM DR GRAVITT DEBORAH BENNETT HRS CMR 450 BOX 886 GREEN JEAN L HRS 457 MCQUILLAN DR GREEN THOMAS 707 SOUTHERN CHARM DR GRETES TASO 823 SOUTHERN CHARM DR GRICZEWICZ SCOTT F JENNIFER H 7899 CHAMPLAIN DR GUTHRIE WILLIAM B GENA W 6926 SOUTHERN EXPOSURE HAMILTON RICHARD J SANDRA B 110 CARROUSEL LN HAMMONDS TIMOTHY A 302 MCQUILLAN DR HANSON BRIAN 404 MCQUILLAN DR HAZELTINE TRACY L DONNA J 125 MCQUILLAN DR HERZOG MARK D SARAH D 353 MCQUILLAN DR HOOK MATTHEW 213 MCQUILLAN DR HUMPHRIES JIMMY R AMY M 318 MCQUILLAN DR JEFFERYS DYLAN S 808 SOUTHERN CHARM DR JESSIE LOGAN M ETAL JONES JAMES T SR HEIRS JUSKIN MELISSA LEE KELLY KAREN A KRIS JODY ETAL L CUBED LLC LACY LI N DA K LADSON REGINALD D LAWSON JAMES N 802 SUMMERTREE LN 158 REDBUD DR 805 SOUTHERN CHARM DR 429 MCQUILLAN DR 226 MCQUILLAN DR 2524 INDEPENDENCE BLV 6390 BAUX MOUNTAIN RD 357 MCQUILLAN DR 4809 BANFSHIRE RD WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28411 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 YOUNGSVILLE, NC 27596 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 TEHACHAPI, CA 93561 WILMINGTON, NC 28412 GASTONIA, NC 28056 CHARLOTTE, NC 28214 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WINSTON SALEM, NC 27101 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 APO, AE 09705 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 CARY, NC 27513 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 CLAYTON, NC 27520 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WILMINGTON, NC 28412 WINSTON SALEM, NC 27105 WILMINGTON, NC 28412 CHARLOTTE, NC 28215 Board of Commissioners - March 6, 2023 ITEM: 10- 7 - 18 LEANDER DAVID C ETAL 242 WILSON BLVD N MOUNT CLEMENS, MI 48043 LESLEY JEFFREY N 1121 MILITARY CUTOFF RD C201 WILMINGTON, NC 28405 LOMAX CHRISTOPHER 205 LEHIGH RD WILMINGTON, NC 28412 LOVINGOOD MICHAEL KIRSTEN A 6920 SOUTHERN EXPOSURE WILMINGTON, NC 28412 LOWE ANGELA A 132 MCQUILLAN DR WILMINGTON, NC 28412 LOWE EVELYN C HEIRS 4181 ADCOCK RD BAHAMA, NC 27503 LOWE MATTIE BRYANT HEIRS 132 MCQUILLAN DR WILMINGTON, NC 28412 LUKE HALLIE C 326 MCQUILLAN DR WILMINGTON, NC 28412 MANER CARRIE N 104 LAKE RIDGE DR GOLDSBORO, NC 27530 MANGIACAPRE JENNIFER M 818 SOUTHERN CHARM DR WILMINGTON, NC 28412 MATTHEWS RICHARD ALLEN JR 833 SOUTHERN CHARM DR WILMINGTON, NC 28412 MAY LAURA E 129 MCQUILLAN DR WILMINGTON, NC 28412 MCDONALD CHRISTIAN C 342 MCQUILLAN DR WILMINGTON, NC 28412 MCLAIN KATHERINE T 6915 SOUTHERN EXPOSURE WILMINGTON, NC 28412 MCLAMB CHARLIE R HRS 2634 JUNIPER CHURCH RD FOUR OAKS, NC 27524 MCQUEEN JOSEPH JR PEGGY 116 MCQUILLAN DR WILMINGTON, NC 28412 MELENDEZ NIXON W 337 MCQUILLAN DR WILMINGTON, NC 28412 MERRITT CAROLE B 824 SOUTHERN CHARM DR WILMINGTON, NC 28412 MEYER MITCHELL D PATRICIA R 1014 CAR BEACH AVE N APT B CAROLINA BEACH, NC 28428 MILONE PATRICIA L 6918 SOUTHERN EXPOSURE WILMINGTON, NC 28412 MISHOE LLOYD C ETAL 209 MCQUILLAN DR WILMINGTON, NC 28412 MONTGOMERY AARON LUMA ETA 812 SUMMERTREE LN WILMINGTON, NC 28412 MOORE JAMES T JR REBEKAH M 468 MCQUILLAN DR WILMINGTON, NC 28412 MURPHY TARA E PO BOX 115 WOLFEBORO FALLS, NH 03895 MURRAY RYAN W ANNA E 472 MCQUILLAN DR WILMINGTON, NC 28412 MURRELLJOHN F PO BOX 1184 SOUTH AMBOY, NJ 08879 NANCE GARY K 801 SOUTHERN CHARM DR WILMINGTON, NC 28412 ODHAM ROBERT LEE III JENNIFER 460 MCQUILLAN DR WILMINGTON, NC 28412 OLD CHIMNEY HOMEOWNERS AS! PO BOX 1409 WILMINGTON, NC 28401 PALMER KELLY P 806 SOUTHERN CHARM DR WILMINGTON, NC 28412 PARKER KELLY E ROY L 453 MCQUILLAN DR WILMINGTON, NC 28412 PEAY INVESTMENTS PROPERTIES L8612 VANBURGH CT RALEIGH, NC 27615 PEREZ MARK R LISA A RECCHIA 830 SOUTHERN CHARM DR WILMINGTON, NC 28412 PHELPS KIM,S 6917 SOUTHERN EXPOSURE WILMINGTON, NC 28412 POIRIER PATRICK R J ETAL 6913 SOUTHERN EXPOSURE WILMINGTON, NC 28412 QUALITY PROPERTIES LLC 1014 CAR BEACH AVE UNIT B CAROLINA BEACH, NC 28428 RAFFERTY CREIGHTON MARY 3909 SINGLETREE RD MINT HILL, NC 28227 RAILEY KAREN W 4913 CORONADO DR WILMINGTON, NC 28409 REAVIS WILLIAM ZTRACEY 124 MCQUILLAN DR WILMINGTON, NC 28412 RECCHIA TARA CARL S 4564 GRAYSTONE DR NAZARETH, PA 18064 REEDY GEORGE A HATTIE L 6929 SOUTHERN EXPOSURE WILMINGTON, NC 28412 REEVES KENNETH M KAREN W 437 MCQUILLAN DR WILMINGTON, NC 28412 REYES MARIA CORAZON 6908 SOUTHERN EXPOSURE WILMINGTON, NC 28412 RIVER ROAD CONSTRUCTION LLC 7150 RIVER RD WILMINGTON, NC 28412 RIVERA ARTURO VEGA 6111 BUDDY RD WILMINGTON, NC 28405 ROBINSON YOLANDA M 829 SOUTHERN CHARM DR WILMINGTON, NC 28412 ROGERS TY D STEFANI M 464 MCQUILLAN DR WILMINGTON, NC 28412 Board of Commissioners - March 6, 2023 ITEM: 10- 7 - 19 ROSS LILLIAN T 117 MCQUILLAN DR WILMINGTON, NC 28412 RUSSELL JOSHUA APRIL 821 SOUTHERN CHARM DR WILMINGTON, NC 28412 RUSSELL TIMOTHY R 314 MCQUILLAN DR WILMINGTON, NC 28412 SCOTT NANCY B REVOCABLE TRU5226 BLACKBEARD RD E WILMINGTON, NC 28409 SIMMONS KIMBERLY RENEE 814 SOUTHERN CHARM DR WILMINGTON, NC 28412 SIMMONS RICKY G ALTA G 6909 SOUTHERN EXPOSURE WILMINGTON, NC 28412 SINNOTTARTHUR C PO BOX 1672 CAROLINA BEACH, NC 28428 SOGGIE DANIELS 706 SOUTHERN CHARM DR WILMINGTON, NC 28412 SPAHN JULIAN E 830 SUMMERTREE LN WILMINGTON, NC 28412 SPEERLI RANDY K NANCY B 354 MCQUILLAN DR WILMINGTON, NC 28412 STANIURSKI JOHN C RANDI J 467 MCQUILLAN DR WILMINGTON, NC 28412 STEELE MICHELLE M 810 SUMMERTREE LN WILMINGTON, NC 28412 STEVENS BERNARD JR SHERRY E 6911 CAROLINA BEACH RD WILMINGTON, NC 28412 STEWART TERRY L SHARON C 445 MCQUILLAN DR WILMINGTON, NC 28401 STOKES MADELINE I L ET AL 5425 WEATHERSIDE RUN COLUMBIA, MD 21045 STRICKLAND KAREN E 221 MCQUILLAN DR WILMINGTON, NC 28412 STRICKLAND LAURIE BRIGMAN 816 SUMMERTREE LN WILMINGTON, NC 28412 SUTTON REBECCA 358 MCQUILLAN DR WILMINGTON, NC 28412 SWEETZ ALEXIS K 609 FAYETTEVILLE AVE CAROLINA BEACH, NC 28428 SWINEY THOMAS E SHARON D 7323 COASTAL AVE WILMINGTON, NC 28409 TAYLOR DORIS 224 NEW LOTS AVE BROOKLYN, NY 11207 TAYLOR MELISSA P HRS 6200 LYDDEN RD WILMINGTON, NC 28409 TELLEZ GEORGINA P ETAL 341 MCQUILLAN DR WILMINGTON, NC 28412 TESZNAR PATRICIA ANN 825 SUMMERTREE LN WILMINGTON, NC 28412 THEODORAKIS JOHN A AMBER M 1124 RIVAGE PROMENADE WILMINGTON, NC 28412 THOMPSON ROBERTA 345 MCQUILLAN DR WILMINGTON, NC 28412 TILLER PROPERTIES LLC 1823 HAWTHORNE RD WILMINGTON, NC 28403 TOOHEY PATRICE A 4101 PEACHTREE AVE WILMINGTON, NC 28403 VALLES NANCY MATTHEW 822 SOUTHERN CHARM DR WILMINGTON, NC 28412 VANN LORRIE 6101 ORANGE ST CASTLE HAYNE, NC 28429 VILLARREAL CINDY 133 MCQUILLAN DR WILMINGTON, NC 28412 WAGGONER NANCY E 434 MCQUILLAN DR WILMINGTON, NC 28412 WELTY ROBERT C LINDA P 102 CHIMNEY LN WILMINGTON, NC 28409 WHITE DARLENE A HEIRS 400 MCQUILLAN DR WILMINGTON, NC 28412 WILLIAMS BRIAN S 6927 SOUTHERN EXPOSURE WILMINGTON, NC 28412 WILLIAMS CHARLES A JR LYNDA T 6110 SHILOH DR WILMINGTON, NC 28409 WILLIAMS GORDON S MARSHA H 2877 BEATY RD GASTONIA, NC 28056 WILSON TANYA C 6911 SOUTHERN EXPOSURE WILMINGTON, NC 28412 WOODLAKE AT LORDS CREEK HOP PO BOX 12051 WILMINGTON, NC 28405 WORRELL HORACE A 109 CROOKED BRANCH CT GARNER, NC 27529 YON MARIA M ROBERTO C 1012 ELSMORE DR MATTHEWS, NC 28104 ZARABIA OSWALDO 7895 CHAMPLAIN DR WILMINGTON, NC 28412 ZAZZALI JOANNA M 815 SOUTHERN CHARM DR WILMINGTON, NC 28412 Board of Commissioners - March 6, 2023 ITEM: 10- 7 - 20 ADJACENT PROPERTY ADDRESS 421 MCQUILLAN DR WILMINGTON 201 MCQUILLAN DR WILMINGTON 309 MCQUILLAN DR WILMINGTON 456 MCQUILLAN DR WILMINGTON 6916 SOUTHERN EXPOSURE WILMINGTON 804 SUMMER TREE LN WILMINGTON 301 MCQUILLAN DR WILMINGTON 822 SUMMER TREE LN WILMINGTON 7020 RIDGELY DR WILMINGTON 6913 CAROLINA BEACH RD WILMINGTON 6909 CAROLINA BEACH RD WILMINGTON 412 MCQUILLAN DR WILMINGTON 477 MCQUILLAN DR WILMINGTON 136 MCQUILLAN DR WILMINGTON 827 SOUTHERN CHARM DR WILMINGTON 813 SOUTHERN CHARM DR WILMINGTON 310 MCQUILLAN DR WILMINGTON 826 SOUTHERN CHARM DR WILMINGTON 6912 SOUTHERN EXPOSURE WILMINGTON 433 MCQUILLAN DR WILMINGTON 322 MCQUILLAN DR WILMINGTON 120 MCQUILLAN DR WILMINGTON 135 MCQUILLAN DR WILMINGTON 839 SOUTHERN CHARM DR WILMINGTON 210 MCQUILLAN DR WILMINGTON 321 MCQUILLAN DR WILMINGTON 6946 CAROLINA BEACH RD WILMINGTON 6946 CAROLINA BEACH RD WILMINGTON 6950 CAROLINA BEACH RD WILMINGTON 220 MCQUILLAN DR WILMINGTON 217 MCQUILLAN DR WILMINGTON 106 CHIMNEY LN WILMINGTON 750 SOUTHERN CHARM DR WILMINGTON 225 MCQUILLAN DR WILMINGTON 6951 CAROLINA BEACH RD WILMINGTON 416 MCQUILLAN DR WILMINGTON 6960 CAROLINA BEACH RD WILMINGTON 428 MCQUILLAN DR WILMINGTON 816 SOUTHERN CHARM DR WILMINGTON 346 MCQUILLAN DR WILMINGTON 209 GABRIEL ST WILMINGTON 452 MCQUILLAN DR WILMINGTON 6921 SOUTHERN EXPOSURE WILMINGTON Board of Commissioners - March 6, 2023 ITEM: 10- 7 - 21 313 MCQUILLAN DR WILMINGTON 828 SOUTHERN CHARM DR WILMINGTON 205 MCQUILLAN DR WILMINGTON 812 SOUTHERN CHARM DR WILMINGTON 7903 CHAMPLAIN DR WILMINGTON 6919 SOUTHERN EXPOSURE WILMINGTON 809 SOUTHERN CHARM DR WILMINGTON 448 MCQUILLAN DR WILMINGTON 425 MCQUILLAN DR WILMINGTON 128 MCQUILLAN DR WILMINGTON 818 SUMMER TREE LN WILMINGTON 411 MCQUILLAN DR WILMINGTON 712 SOUTHERN CHARM DR WILMINGTON 824 SUMMER TREE LN WILMINGTON 708 SOUTHERN CHARM DR WILMINGTON 804 SOUTHERN CHARM DR WILMINGTON 325 MCQUILLAN DR WILMINGTON 817 SOUTHERN CHARM DR WILMINGTON 349 MCQUILLAN DR WILMINGTON 819 SOUTHERN CHARM DR WILMINGTON 432 MCQUILLAN DR WILMINGTON 305 MCQUILLAN DR WILMINGTON 820 SOUTHERN CHARM DR WILMINGTON 807 SOUTHERN CHARM DR WILMINGTON 330 MCQUILLAN DR WILMINGTON 457 MCQUILLAN DR WILMINGTON 707 SOUTHERN CHARM DR WILMINGTON 823 SOUTHERN CHARM DR WILMINGTON 7899 CHAMPLAIN DR WILMINGTON 6926 SOUTHERN EXPOSURE WILMINGTON 6910 SOUTHERN EXPOSURE WILMINGTON 302 MCQUILLAN DR WILMINGTON 404 MCQUILLAN DR WILMINGTON 125 MCQUILLAN DR WILMINGTON 353 MCQUILLAN DR WILMINGTON 213 MCQUILLAN DR WILMINGTON 318 MCQUILLAN DR WILMINGTON 808 SOUTHERN CHARM DR WILMINGTON 802 SUMMER TREE LN WILMINGTON 121 MCQUILLAN DR WILMINGTON 805 SOUTHERN CHARM DR WILMINGTON 429 MCQUILLAN DR WILMINGTON 226 MCQUILLAN DR WILMINGTON 810 SOUTHERN CHARM DR WILMINGTON 420 MCQUILLAN DR WILMINGTON 357 MCQUILLAN DR WILMINGTON 333 MCQUILLAN DR WILMINGTON Board of Commissioners - March 6, 2023 ITEM: 10- 7 - 22 440 MCQUILLAN DR WILMINGTON 808 SUMMER TREE LN WILMINGTON 350 MCQUILLAN DR WILMINGTON 6920 SOUTHERN EXPOSURE WILMINGTON 206 MCQUILLAN DR WILMINGTON 6931 CAROLINA BEACH RD WILMINGTON 132 MCQUILLAN DR WILMINGTON 326 MCQUILLAN DR WILMINGTON 449 MCQUILLAN DR WILMINGTON 818 SOUTHERN CHARM DR WILMINGTON 833 SOUTHERN CHARM DR WILMINGTON 129 MCQUILLAN DR WILMINGTON 342 MCQUILLAN DR WILMINGTON 6915 SOUTHERN EXPOSURE WILMINGTON 413 MCQUILLAN DR WILMINGTON 116 MCQUILLAN DR WILMINGTON 337 MCQUILLAN DR WILMINGTON 824 SOUTHERN CHARM DR WILMINGTON 814 SUMMER TREE LN WILMINGTON 6918 SOUTHERN EXPOSURE WILMINGTON 209 MCQUILLAN DR WILMINGTON 812 SUMMER TREE LN WILMINGTON 468 MCQUILLAN DR WILMINGTON 317 MCQUILLAN DR WILMINGTON 472 MCQUILLAN DR WILMINGTON 401 MCQUILLAN DR WILMINGTON 801 SOUTHERN CHARM DR WILMINGTON 460 MCQUILLAN DR WILMINGTON 102 CHIMNEY LN WILMINGTON 806 SOUTHERN CHARM DR WILMINGTON 453 MCQUILLAN DR WILMINGTON 834 SOUTHERN CHARM DR WILMINGTON 830 SOUTHERN CHARM DR WILMINGTON 6917 SOUTHERN EXPOSURE WILMINGTON 6913 SOUTHERN EXPOSURE WILMINGTON 835 SOUTHERN CHARM DR WILMINGTON 710 SOUTHERN CHARM DR WILMINGTON 821 SUMMER TREE LN WILMINGTON 124 MCQUILLAN DR WILMINGTON 709 SOUTHERN CHARM DR WILMINGTON 6925 SOUTHERN EXPOSURE WILMINGTON 437 MCQUILLAN DR WILMINGTON 6908 SOUTHERN EXPOSURE WILMINGTON 6900 CAROLINA BEACH RD WILMINGTON 230 MCQUILLAN DR WILMINGTON 829 SOUTHERN CHARM DR WILMINGTON 464 MCQUILLAN DR WILMINGTON Board of Commissioners - March 6, 2023 ITEM: 10- 7 - 23 117 MCQUILLAN DR WILMINGTON 821 SOUTHERN CHARM DR WILMINGTON 314 MCQUILLAN DR WILMINGTON 6923 SOUTHERN EXPOSURE WILMINGTON 814 SOUTHERN CHARM DR WILMINGTON 6909 SOUTHERN EXPOSURE WILMINGTON 837 SOUTHERN CHARM DR WILMINGTON 706 SOUTHERN CHARM DR WILMINGTON 830 SUMMER TREE LN WILMINGTON 354 MCQUILLAN DR WILMINGTON 467 MCQUILLAN DR WILMINGTON 810 SUMMER TREE LN WILMINGTON 6911 CAROLINA BEACH RD WILMINGTON 445 MCQUILLAN DR WILMINGTON 329 MCQUILLAN DR WILMINGTON 221 MCQUILLAN DR WILMINGTON 816 SUMMER TREE LN WILMINGTON 358 MCQUILLAN DR WILMINGTON 334 MCQUILLAN DR WILMINGTON 417 MCQUILLAN DR WILMINGTON 338 MCQUILLAN DR WILMINGTON 6951 CAROLINA BEACH RD WILMINGTON 341 MCQUILLAN DR WILMINGTON 825 SUMMER TREE LN WILMINGTON 7000 CAROLINA BEACH RD WILMINGTON 345 MCQUILLAN DR WILMINGTON 828 SUMMER TREE LN WILMINGTON 6922 SOUTHERN EXPOSURE WILMINGTON 822 SOUTHERN CHARM DR WILMINGTON 408 MCQUILLAN DR WILMINGTON 133 MCQUILLAN DR WILMINGTON 434 MCQUILLAN DR WILMINGTON 102 CHIMNEY LN WILMINGTON 400 MCQUILLAN DR WILMINGTON 6927 SOUTHERN EXPOSURE WILMINGTON 6907 SOUTHERN EXPOSURE WILMINGTON 424 MCQUILLAN DR WILMINGTON 6911 SOUTHERN EXPOSURE WILMINGTON 7905 CHAMPLAIN DR WILMINGTON 210 GABRIEL ST WILMINGTON 820 SUMMER TREE LN WILMINGTON 7895 CHAMPLAIN DR WILMINGTON 815 SOUTHERN CHARM DR WILMINGTON Board of Commissioners - March 6, 2023 ITEM: 10- 7 - 24 Community Information Meeting 6900 and 6904 Carolina Beach Road Name /zA4 Address r W ox -tl, &-rveAIIIA ov'z I �4e. (z4 James Yo Owner / Bgar of Gor �roiec - March 6, _ 9r; Date: December 29th, 2022 Email (optional) n a kl� Community Information Meeting 6900 and 6904 Carolina Beach Road Name t eta J OInvV v1C/i-efs�' Mir'ri�r 7 ICN\ Address .Sly 1X0 7561 89-a 5(AYV\V1Aer- 1'ft tu✓)< aagl;L qua �Q,�W-U-Tw 0'r- Owner / Devel Date: December 29th, 2022 Email (optional) rMW 0j0tc9,Ic U(YrWjd- cam James Y i - March 6, Community Information Meeting 6900 and 6904 Carolina Beach Road Date: December 29th, 2022 Name Address Email (optional) F7 LL r-r E I �U VQX CW %tri ''f tC ) Owner / Developer James Yopp Boarpf6fdffp - March 6, 023 iames()-rockfordcartners.net Community Information Meeting 6900 and 6904 Carolina Beach Road Date: December 29th, 2022 I Name Address Email (optional) i Co CoFt�ot, R)O-i�c V Z I I i I I f I I I i l U'QY O Ct CA GTE Owner / Developer Boar of Go sinners -March 6, 023 James Yopp �rojec' r ames rockford artners.net Community Information Meeting 6900 and 6904 Carolina Beach Road Date: December 29th, 2022 Name Address Email (optional) i i E i i Owner / Developer James Yopp Boaro f6jif ppjoWr,s _March 6, 023 �ames rockford artners.net Concept Plan Board of Commissioners - March 6, 2023 ITEM: 10- 8 - 1 I I I I I I I � I I I I I I I a I 1 I � I 0 J I r � a I t I I I I i I � I _eater miSs er?CA�I�ich 6, 2023 -`-�JC1d01L1VC'r0- 9 - 1 Public Comments In Support Neutral In Opposition Board of Commissioners - March 6, 2023 ITEM: 10- 10 - 1 Doss, Amy From: noreply@civicplus.com Sent: Tuesday, January 24, 2023 1:27 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #1019 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 MICHAEL Last Name APPLETON Address 201 NORTHERN BLVD City WILMINGTON, NC State NC Zip Code 28401 Email ksugf32(@-yahoo.com Projects available for PB-Z23-04 - 6900 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment NEED TO RETHINK THE IMPACT THAT THIS WILL CAUSE. 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, prig. 1 Board of Commissioners - March 6, 2023 ITEM: 10- 11 - 1 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. 2 Board of Commissioners - March 6, 2023 ITEM: 10- 11 - 2 Doss, Amy From: noreply@civicpIus.com Sent: Tuesday, January 24, 2023 11:28 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #1007 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 Danny Last Name M Lamm Address 1201 Lacewood Ct Wilmington City Wilmington NC State NC Zip Code 28409 Email dlamm(a7ec.rr.com Projects available for PB-Z23-04 - 6900 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment Our local government needs to figure out how to solve our infrastructure needs before allowing more building in this area. 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. 1 Board of Commissioners - March 6, 2023 ITEM: 10- 11 - 3 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. 2 Board of Commissioners - March 6, 2023 ITEM: 10- 11 - 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 3/6/2023 Regular DEPARTMENT: Planning PRESENTER(S): Julian Griffee, Current Planner CONTACT(S): Julian Griffee; Robert Farrell, Senior Planner; Rebekah Roth, Planning & Land Use Director SU BJ ECT: Public Hearing Rezoning Request (Z23-05) — Request by Frank Chapman with Davie Construction Co., applicant, on behalf of Milton Turner Schaeffer, III, property owner, to rezone the approximately 1.7 acre parcel located at 4629 Carolina Beach Road from (CZD) B-2, Regional Business to a new (CZD) B-2 district to convert an existing single-family home for office and veterinary services. BRIEF SUMMARY: The applicant is proposing to rezone approximately 1.7 acres at 4629 Carolina Beach Road from (CZD) B-2 to (CZD) B- 2. The proposed development consists of the renovation of a vacant single-family dwelling that exists on the parcel for a veterinary clinic with associated parking and includes allowed uses for veterinary clinic, indoor recreational facility, retail sales, general, and animal grooming services. The proposed development falls under the impervious area threshold requiring a stormwater control facility. The subject parcels have been rezoned multiple times since R-15 zoning was initially established in 1971. At the time, the purpose of the R-15 district was to ensure that housing served by private septic and well would be developed at low densities. Since that time, water and sewer services have become more available to the surrounding area. The subject parcel, zoned (CZD) B-2, and a vacant 0.22 acre parcel to the south and east, zoned (CZD) B-1, were rezoned to (CZD) B-2 in approved case Z21-20 to allow for the development of a 17,000 square foot indoor recreational facility and 5,000 square feet of general retail and animal grooming services. The adjacent 0.22-acre parcel was rezoned in case Z22-14 to (CZD) R-5 to allow for the renovation of the existing vacant single-family dwelling on site. With the conditional district approved in Z21-20, the allowed uses were limited to indoor recreational facilities, general retail sales, and animal grooming services. Because the original concept plan adopted in Z21-20 has changed to provide for a different site layout and for a use that was not allowed within the conditions under Z21-20, the subject parcel is coming back for a new rezoning. The parcel fronts and has direct access to Carolina Beach Road. As depicted in the application materials, the parcel will have a right -in, right -out only access. The development allowed under the current zoning is estimated to generate 46 AM peak hour and 73 PM peak hour trips. The proposed veterinary use is estimated to generate 7 AM peak hour and 4 PM peak hour trips. If the rezoning for the veterinary use is approved, it is estimated that the generated trips would decrease by 39 AM peak hour trips and 69 PM peak hour trips. The estimated traffic generated from the site is under the 100 peak hour threshold that triggers the ordinance requirement for a Traffic Impact Analysis (TIA). The Comprehensive Plan classifies the property as Community Mixed Use, which allows for low to moderate intensity Board of Commissioners - March 6, 2023 ITEM: 11 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. The proposed (CZD) B-2 rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because the proposed use is in line with those recommended for Community Mixed Use place types, the district is located within a transitional area, and the uses around the subject site are a mix of commercial, multi -family residential, and institutional. The Planning Board considered this application at their February 2, 2023 meeting. No one spoke in support of or in opposition to the request. The Planning Board recommended approval of the petition (6-0). The Planning Board found the application to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides a type of use recommended in the Community Mixed Use place type. The Planning Board also found RECOMMENDING APPROVAL of the rezoning request is reasonable and in the public interest because the proposal is located within an area that possesses a mixture of uses and higher intensities. The proposal is similar in form and density to other nearby projects and would serve as a benefit as it provides an appropriate transition between adjacent land uses. STRATEGIC PLAN ALIGNMENT: • Intelligent Growth & Economic Development o I ncrease the diversity and number of higher -wage jobs ■ Retain and grow existing businesses and jobs RECOMMENDED MOTION AND REQUESTED ACTIONS: The subject parcel is located along a major arterial roadway in an area where a mixture of uses exists. The proposed uses are in line with the recommendations for the Community Mixed Use place type and include relatively low traffic generators. In addition, the subject parcel is located within a transitional area and is surrounded by a variety of commercial, residential, and institutional uses. As a result, Staff concurs with the Planning Board recommendation and suggests the following motion: I move to APPROVE the proposed rezoning to a (CZD) B-2 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides a type of use 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 is located within an area that possesses a mixture of uses and higher intensities. The proposal is similar in form and density to other nearby projects and would serve as a benefit as it provides an appropriate transition between adjacent land uses. Proposed Condition: 1. Permitted uses of the site are limited to Veterinary Services, Indoor Recreational Facility, Retail Sales, General, and Animal Grooming Services. Alternative Motion for Denial Board of Commissioners - March 6, 2023 ITEM: 11 I move to DENY the proposed rezoning to a (CZD) B-2 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Community Mixed Use place type and the residential densities are in -line with those recommended for the property, I find DENIAL of the rezoning request is not reasonable and in the public interest because the proposal does not serve as an appropriate transition between the adjacent land uses. ATTACHMENTS: Z23-05 Script BOC FINAL Z23-05 Staff Report BOC FINAL Z23-05 - Zoning Z23-05 - Future Land Use Map Z23-05 - Mai lout Initial Application Co\,er Sheet Application Package PB Concept Plan Co\er Sheet Sandy Paws Concept Plan Public Comments Co\,er Sheet Public Comments Opposition COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval with condition as presented by staff. COMMISSIONERS' ACTIONS: Approved with one condition 5-0. Board of Commissioners - March 6, 2023 ITEM: 11 BOARD OF COMMISSIONERS SCRIPT for Zoning Map Amendment Application (Z23-05) Request by Frank Chapman with Davie Construction Co., applicant, on behalf of Milton Turner Schaeffer, III, property owner, to rezone the approximately 1.7-acre parcel located at 4629 Carolina Beach Road from (CZD) B-2, Regional Business to a new (CZD) B-2 district to convert an existing single-family home for office and veterinary services. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant's presentation and supporter comments (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. Applicant's rebuttal (up to 5 minutes) e. Opponent's rebuttal (up to 5 minutes) f. Staff review of any additional conditions 3. Close the public hearing 4. Board discussion 5. Before we proceed with the vote, I would like to invite the applicant to the podium. Based on the Board discussion and items presented during the public hearing, would you like withdraw your petition or proceed with a vote? 6. Vote on the application. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why approval or denial of the rezoning request is reasonable and in the public interest. Example Motion for Approval I move to APPROVE the proposed rezoning to a (CZD) B-2 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides a type of use 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 is located within an area that possesses a mixture of uses and higher intensities. The proposal is similar in form and density to other nearby projects and would serve as a benefit as it provides an appropriate transition between adjacent land uses. Proposed Conditions: 1. Permitted uses of the site are limited to Veterinary Services, Indoor Recreational Facility, Retail Sales, General, and Animal Grooming Services. Board of Commissioners - March 6, 2023 ITEM: 11- 1 - 1 Example Motion for Denial I move to DENY the proposed rezoning to a (CZD) B-2 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Community Mixed Use place type and the residential densities are in -line with those recommended for the property, I find DENIAL of the rezoning request is not reasonable and in the public interest because the proposal does not serve as an appropriate transition between the adjacent land uses. Alternative Motion for Approval/Denial: I move to [Approve/Deny] the proposed rezoning to a conditional B-2 district. I find it to be [Con sistent/lncons istent] 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 - March 6, 2023 ITEM: 11- 1 - 2 STAFF REPORT FOR Z23-05 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z23-05 Request: Rezoning to a Conditional B-2, Regional Business District Applicant: Property Owner(s): Frank Chapman, David Construction Co. ABA Self Storage, L.L.C. Location: Acreage: 4629 Carolina Beach Road 1.7 acres PID(s): Comp Plan Place Type: R07000-004-003-000 Community Mixed Use Existing Land Use: Proposed Land Use: Veterinary Clinic, Indoor Recreational Facility, Vacant Single-family Dwelling Retails Sales, General, and Animal Grooming Services Current Zoning: Proposed Zoning: (CZD) B-2, Conditional Regional Business (CZD) B-2, Conditional Regional Business ZONING -A / CZD B-2 site C7 om 0 R-5 r R-10 R-15 O CITY p zzs-osX, New Hanover County, NC SURROUNDING AREA LAND USE ZONING North Self -storage Facility (CZD) B-2 Multi -family Housing Development & Single-family Community Business East Dwelling (City of Wilmington) & (CZD) R-5 South Carolina Beach Road Right -of -Way & Undeveloped R-15 Land West Carolina Beach Road Right -of -Way and Self -storage (CZD) B-2 Facility Z23-05 Staff Report PB 3.6.2023 Page 1 of 14 Board of Commissioners - March 6, 2023 ITEM: 11- 2 - 1 ZONING HISTORY April 7, 1971 Initially zoned R-15 (Area 4) December 5, Parcel is rezoned to (CUD) B-1 (Z-821) for a mixed -use development 2005 containing uses allowed within the B-1 zoning district. December 1, Parcel is rezoned to (CUD) B-2 (Z-891) for a mixed -use development that 2008 included the use of a movie theater. September 6, Adjacent parcel to the north that was part of the original mixed -use 2016 development is rezoned to allow for a mini -warehouse storage use. The subject parcel was not a part of this rezoning. With the adoption of TA21 -01, which incorporated the provisions of May 3, 2021 S.L.2019-1 1 1, CUD zoning districts were converted automatically to CZD zoning districts. Subject parcel, zoned (CZD) B-2, and a vacant 0.22 acre parcel to the south February 3, 2022 and east, zoned (CZD) B-1, are rezoned to (CZD) B-2 (Z21 -20) to allow for the development of a 17,000 square foot indoor recreational facility and 5,000 square feet of general retail and animal grooming services. The adjacent 0.22 acre parcel is rezoned to (CZD) R-5 (Z22-20) to renovate June 6, 2022 the existing vacant single-family dwelling on site and construct accessory structure. The subject parcel was not a part of this rezoning and remains tied to the (CZD) B-2 site plan and uses allowed within Z21 -20. COMMUNITY SERVICES Water/Sewer Capacity available through CFPUA, property is currently connected to sewer. Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire District, New Hanover County Station Myrtle Grove Schools Williams Elementary, Myrtle Grove Middle, and Ashley High schools Recreation Echo Farms Park, Arrowhead Park, Myrtle Grove Athletic Complex Z23-05 Staff Report PB 3.6.2023 Page 2 of 14 Board of Commissioners - March 6, 2023 ITEM: 11- 2 - 2 CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation Conservation Resource maps indicate that there are no conservation areas or wetlands present on site. Historic No known historic resources Archaeological No known archaeological resources APPLICANT'S PROPOSED CONCEPTUAL PLAN ".- Vacant Residential Structure I —III 71 o-:.;� I I T07AL ARFh scH.rtcs wnc* 'k e [ f L ®¢ , s Driveway Access Original Site Plan with Staff Markups Vacant Residential StructureAir �� I 1 1 N e r L .mj Driveway Access_ Revised Site Plan with Staff Markups Z23-05 Staff Report PB 3.6.2023 Page 3 of 14 Board of Commissioners - March 6, 2023 ITEM: 11- 2 - 3 • The applicant is proposing to rezone approximately 1.7 acres at 4629 Carolina Beach Road from (CZD) B-2 to (CZD) B-2. The proposed development consists of the renovation of a vacant single-family dwelling that exists on the parcel for a veterinary clinic with associated parking. • The applicant is proposing to remove two existing well houses and one manufactured home as part of the project. • The original site plan submitted at application deadline had an amount of impervious surface coverage that would require a stormwater control device to be placed on the site, though none was intended. The proposed development was adjusted so it would fall under the impervious area threshold requiring a stormwater control facility. The applicant has worked with County Engineering to confirm this and has modified the concept plan slightly from what was originally submitted and mailed to adjacent property owners. This adjustment does not impact site layout as depicted on the original site plan. ZONING CONSIDERATIONS • Under the conditional district approved in Z21 -20, the allowed uses were limited to indoor recreational facilities, general retail sales, and animal grooming services. r � g• .. � +I� �� 31 � fs�,.#�w � r.•.+ �.r:-';scar ..3 Ogg �' � fFya..� :Sk• 5h r-. •�'tFiitL � ;'f�' Z21-20, Original Site Plan with Staff Mark -Ups • Because the original concept plan adopted in Z21-20 has changed to provide for a different site layout and for a use that was not allowed within the conditions under Z21 - 20, the subject parcel is coming back for a new rezoning. Z23-05 Staff Report PB 3.6.2023 Page 4 of 14 Board of Commissioners - March 6, 2023 ITEM: 11- 2 - 4 • The applicant seeks to add the use of Veterinary Services to the uses already allowed on the subject site, as approved in Z21-20. • Veterinary Service is defined as "A facility for the diagnosis and treatment of domestic and other animals including, but not limited to, dogs, cats, birds, and horses; and the incidental grooming, boarding, or breeding of animals may also be provided". • If approved, any future development would be subject to Technical Review Committee and Zoning Compliance review processes to ensure full compliance with all ordinance requirements and specific conditions included in the approval. Only minor deviations from the approved conceptual plan, as defined by the UDO, would be allowed. AREA SUBDIVISIONS UNDER DEVELOPMENT Z23-05 Staff Report PB 3.6.2023 Page 5 of 14 Board of Commissioners - March 6, 2023 ITEM: 11- 2 - 5 TRANSPORTATION • The parcel fronts and has direct access to Carolina Beach Road. • The site currently has a driveway connecting to Carolina Beach Road. • As depicted in the application materials, the parcel will have a right -in, right -out only access. • The development allowed under the current zoning is estimated to generate 46 AM peak hour and 73 PM peak hour trips. If the rezoning for the veterinary use is approved, it is estimated that the generated trips would decrease by 39 AM peak hour trips and 69 PM peak hour trips. • The estimated traffic generated from the site is under the 100 peak hour threshold that triggers the ordinance requirement for a Traffic Impact Analysis (TIA). Z23-05 Staff Report PB 3.6.2023 Page 6 of 14 Board of Commissioners - March 6, 2023 ITEM: 11- 2 - 6 Intensity Approx. Peak Hour Trips Development under 17,000 sf indoor recreation facility Approved (CZD) B-2 & 5,000 sf of general retail and 46 AM / 73 PM Zoning District: animal grooming service Proposed Development: 2,400 SF Vet Clinic 7 AM / 4 PM 2,400 SF Indoor Recreation Facility 8 AM / 15 PM Possible Uses: 2,400 SF Retail Sales, General 6 AM / 16 PM 2,400 SF Animal Grooming Service 6 AM / 16 PM • 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. • The most recent traffic counts in the area indicate capacity currently exists on the Carolina Beach Road corridor. NCDOT Average Annual Daily Traffic (AADT) — 2021 Road Location 7 Volume Capacity V/C LOS Carolina Beach Between St. Andrews Drive 33,500 41,369 0.81 D Road and Matteo Drive • The Level of Service (LOS) of this portion of Carolina Beach Road is rated as `D'. • The Wilmington MPO also gathers independent traffic counts in the county at various dates and locations throughout the year. These counts are not adjusted or averages but instead represents all traffic over a 24-hour interval on the designated date and represent a specific snapshot in time of traffic for an area. WMPO ADT — 2022 (8/ 1 /22) Road Location Volume Carolina Beach Road Between McCarley Blvd and Fairview Dr 33,121 • 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. Z23-05 Staff Report PB 3.6.2023 Page 7 of 14 Board of Commissioners - March 6, 2023 ITEM: 11- 2 - 7 Nearby Traffic Impact Analyses: Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards. Approved analyses must be re-examined by NCDOT if the proposed development is not completed by the build out date established within the TIA. Proposed Development ILand Use/Intensity ITIA Status 510 multi -family housing units • 50,000 square feet of general Approved June 15, 2020 1. Whiskey Branch office Full build out 2024 • 122,700 square feet of shopping center The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Installation of a new signalized northbound to southbound u-turn lane at S. College Road, north of Weybridge Lane (at Lansdowne Road) • Installation of turn lanes and signalized directional cross over at S. College Road and northern access point • Signalization of northbound to southbound movement at the existing u-turn lanes on S. College Road • Installation of a turn lane at S. College Road and the southern access point Nearby Proposed Developments included within the TIA: • None. Development Status: Development and improvements are currently under construction. ENVIRONMENTAL • No portion of the parcel is located within any Special Flood Hazard Areas. • The entire site is located within the Barnards 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, water and sewer are available through CFPUA. Z23-05 Staff Report PB 3.6.2023 Page 9 of 14 Board of Commissioners - March 6, 2023 ITEM: 11- 2 - 9 OTHER CONSIDERATIONS Representative Developments Examples of Residential Structures converted into Businesses: Converted Residential Structure Along Oleander Drive Converted Residential Structure Along Wrightsville Avenue Z23-05 Staff Report PB 3.6.2023 Page 10 of 14 Board of Commissioners - March 6, 2023 ITEM: 11- 2 - 10 Context and Compatibility • The subject property is located at 4629 Carolina Beach Road and is only accessible by Carolina Beach Road. Access is expected to be right -in, right -out only. • The parcel has an approved site plan for a 17,000 square foot indoor recreation facility and 5,000 square feet for general retail and animal grooming services. The proposal seeks to repurpose the existing vacant residential structure. This proposal reduces the overall square footage of approximately 19,600 square feet, and the Veterinary Services use is an addition to the uses approved within Z21-20. • The site abuts a mini -storage facility to the north and west, and a single-family dwelling and a multi -family development to the east. The multi -family development is located within the City of Wilmington's municipal limits. Located across the street from the parcels are office and civic uses. • A Type A opaque buffer would be required between the proposed development and the adjacent single-family residence to the east. • There are a mix of commercial and residential uses within the area. • The proposal is located between the Monkey Junction intersection and the proposed Fairfield Park mixed -use development where transitional service uses would be more appropriate than a single-family dwelling. Z23-05 Staff Report PB 3.6.2023 Page 11 of 14 Board of Commissioners - March 6, 2023 ITEM: 11- 2 - 11 2016 COMPREHENSIVE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County's future land use, as designated by place types describing the character and function of the different types of development that make up the community. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. LAND USE �oZ. rA P Site r GENERAL RESIDENTIAL s COMMUNITY MIXED USEL CONSERVATION _ ;1x`y` ®.� 0 Z23-OS/?\'.\� / .:.�,;(\ �..\ - NeW Hdtl OV2Y COG'4"P Future Land Use Community Mixed Use Map Place Type Focuses on small-scale, compact, mixed use development patterns that serve Place Type all modes of travel and act as an attractor for county residents and visitors. Description Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi -family and single-family residential. The subject property is located along a major roadway corridor, Carolina Beach Road, and is surrounded by commercial mini -storage use to the north and west and a single-family dwelling to the south and east. A multi -family development also exists to the east and is located within the City of Wilmington's municipal limits. The proposal could serve as a transitional use between these developments. The Comprehensive Plan classifies the property as Commercial Mixed Use, Analysis 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 proposed (CZD) B-2 rezoning is consistent with the uses and intensity recommended in the Comprehensive Plan. The proposed (CZD) B-2 rezoning is generally CONSISTENT with the 2016 Consistency Comprehensive Plan because the proposed use is in line with those Recommendation recommended for Community Mixed Use place types, the district is located within a transitional area, and the uses around the subject site are a mix of commercial, multi -family residential, and institutional. Z23-05 Staff Report PB 3.6.2023 Page 12 of 14 Board of Commissioners - March 6, 2023 ITEM: 11- 2 - 12 PLANNING BOARD MEETING The Planning Board considered this application at their February 2, 2023 meeting. No one spoke in support of or in opposition to the request. The Planning Board recommended approval of the petition (6-0), with the following condition: Proposed Condition: 1. Permitted uses of the site are limited to Veterinary Services, Indoor Recreational Facility, Retail Sales, General, and Animal Grooming Services. The Planning Board found the application to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides a type of use recommended in the Community Mixed Use place type. The Planning Board also found RECOMMENDING APPROVAL of the rezoning request is reasonable and in the public interest because the proposal is located within an area that possesses a mixture of uses and higher intensities. The proposal is similar in form and density to other nearby projects and would serve as a benefit as it provides an appropriate transition between adjacent land uses. STAFF RECOMMENDATION The subject parcel is located along a major arterial roadway in an area where a mixture of uses exists. The proposed uses are in line with the recommendations for the Community Mixed Use place type and include relatively low traffic generators. In addition, the subject parcel is located within a transitional area and is surrounded by a variety of commercial, residential, and institutional uses. As a result, Staff concurs with the Planning Board recommendation and suggests the following motion: I move to APPROVE the proposed rezoning to a (CZD) B-2 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides a type of use 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 is located within an area that possesses a mixture of uses and higher intensities. The proposal is similar in form and density to other nearby projects and would serve as a benefit as it provides an appropriate transition between adjacent land uses. Proposed Condition: 1. Permitted uses of the site are limited to Veterinary Services, Indoor Recreational Facility, Retail Sales, General, and Animal Grooming Services. Z23-05 Staff Report PB 3.6.2023 Page 13 of 14 Board of Commissioners - March 6, 2023 ITEM: 11- 2 - 13 Alternative Motion for Approval I move to DENY the proposed rezoning to a (CZD) B-2 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Community Mixed Use place type and the residential densities are in -line with those recommended for the property, I find DENIAL of the rezoning request is not reasonable and in the public interest because the proposal does not serve as an appropriate transition between the adjacent land uses. Z23-05 Staff Report PB 3.6.2023 Page 14 of 14 Board of Commissioners - March 6, 2023 ITEM: 11- 2 - 14 Case: Site Address: Existing Zoning/Use: Proposed Zoning/Use: Z23-05 4629 Carolina Beach Rd CZD B-2 CZD B-2 Sikes Dr 0 0 ZONING B-2 0&1 R-5 R-10 N " e R-15 CITY CZD Z23-05 F. and Commis Site % 4 0 125 250 US Feet r.,... Site Address: Z23-05 4629 Carolina Beach Rd M Incorporated_Areas PSI Z23-05 GENERAL RESIDENTIAL COMMUNITY MIXED USE CONSERVATION Existing Zoning/Use: CZD B-2 Sikes Dr Proposed Zoning/Use: N CZD B-2 Ak Site Z23-05 Qi e° �a 01 0 0 125 250 US Feet I i I i I Carp -- Site Address: Z23-05 4629 Carolina Beach Rd Existing Zoning/Use: CZD B-2 Proposed Zoning/Use: Site Z23-05 CZD B-2 ❑ Neighboring Parcels (500 feet) 0 250 500 US Feet �� I i I i I Initial Application Documents & Materials Board of Commissioners - March 6, 2023 ITEM: 11- 6 - 1 NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina 28403 Telephone (910) 798-7165 FAX (970) 798-7053 plan ningdevelopment.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. 1. Applicant and Property Owner Information Applicant/Agent Name Owner Name (if different from Applicant/Agent) Frank Chapman Milton Turner Schaeffer,III Company Company/Owner Name 2 Davie Construction Co. Address Address 152 E. Kinderton Way Suite 200 4629 Carolina Beach Rd City, State, Zip City, State, Zip Advance, NC 27006 Wilmington, NC Phone Phone 336-466-8726 919-297-7399 Email Email fchapman@davieconstruction.com tschaeffer@mwmrealestate.com Page 1 of 6 Conditional Zoning District Application — Updated 02-2022 Board of Commissioners - March 6, 2023 ITEM: 11- 7 - 1 2. Subject Property Information Address/Location Parcel Identification Number(s) 4629 Carolina Beach Rd R07000-004-003-000 Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification 1.7 B-2 Conditional B-2 Conditional Veterin 3. Proposed Zoning, Use(s), & Narrative Proposed Conditional Zoning District: I Total Acreage of Proposed District: Please list the uses that will be allowed within the proposed Conditional Zoning District, the purpose of the district, and a project narrative (attach additional pages if necessary). Note: Only uses permitted in the corresponding General Use District are eligible for consideration within a Conditional Zoning District. 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. Page 2 of 6 Conditional Zoning District Application — Updated 02-2022 3ry Board of Commissioners - March 6, 2023 ITEM: 11- 7 - 2 5. Traffic Impact Please provide the estimated number of trips generated for the proposed use(s) based off the most recent version of the Institute of Traffic Engineers (ITE) Trip Generation Manual. A Traffic Impact Analysis (TIA) must be completed for all proposed developments that generate more than 100 peak hour trips, and the TIA must be included with this application. ITE Land Use: 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. Page 3 of 6 Conditional Zoning District Application — Updated 02-2022 Board of Commissioners - March 6, 2023 ITEM: 11- 7 - 3 2. How would the requested Conditional Zoning district be consistent with the property's classification on the 2016 Comprehensive Plan's Future Land Use Map. 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? Page 4 of 6 Conditional Zoning District Application — Updated 02-2022 Board of Commissioners - March 6, 2023 ITEM: 11- 7 - 4 Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under "Applicant Initial". If an item is not applicable, mark as "N/A". Applications determined to be incomplete must be corrected in order to be processed for further review; Staff will confirm if an application is complete within five business days of submittal. Application Checklist ❑ This application form, completed and signed ❑ Application fee: • $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 Applicant Initial Page 5 of 6 Conditional Zoning District Application — Updated 02-2022 Board of Commissioners - March 6, 2023 ITEM: 11- 7 - 5 7. Acknowledgement and Signatures By my signature below, I understand and accept all of the conditions, limitations, and obligations of the Conditional Zoning District zoning for which I am applying. I understand that the existing Official Zoning Map is presumed to be correct. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. If applicable, I also appoint the applicant/agent as listed on this application to represent me and make decisions on my behalf regarding this application during the review process. The applicant/agent is hereby authorized on my behalf to: 1. Submit an application including all required supplemental information and materials; 2. Appear at public hearings to give representation and comments; 3. Act on my behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of this application; and \4. Provide written c ent to ny and all conditions of approval. Milton Turner Schaeffer, III Signature of Property Owner Print Name(s) Signature of Applicant/Agent Frank Chapman, Davie Construction Co. Print Name Note: This form must be signed by the owner(s) of record. If there are multiple property owners, a signature is required for each owner of record. If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will be calendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. Page 6 of 6 Conditional Zoning District Application — Updated 02-2022 Board of Commissioners - March 6, 2023 ITEM: 11- 7 - 6 Concept Plan Board of Commissioners - March 6, 2023 ITEM: 11- 8 - 1 3 THIS PLAN DOES NOT PURPORT TO SHOW ALL EXISTING UTILITIES, LINES, APPURTENANCES, ETC., AND THE LOCATIONS OF EXISTING UNDERGROUND UTILITIES, PIPES, VALVES, ETC. AS SHOWN ARE IN AN APPROXIMATE WAY ONLY AND HAVE NOT BEEN INDEPENDENTLY VERIFIED BY THE OWNER OR THE ENGINEER. THE CONTRACTOR SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTING UTILITIES, LINE, PIPE, ETC. BEFORE COMMENCING WORK, AND AGREES TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES WHICH MIGHT RESULT FROM THE CONTRACTOR'S FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL UNDERGROUND UTILITIES, PIPES AND VALVES. THE CONTRACTOR SHALL NOTIFY THE ENGINEER OF ANY CONFLICTS WITH EXISTING AND PROPOSED FACILITIES TO DETERMINE IF AN ITEM WILL NEED TO BE RELOCATED. THE ENGINEER HAS MADE NO EXAMINATION TO DETERMINE WHETHER ANY HAZARDOUS OR TOXIC MATERIALS ARE PRESENT OR CONTAINED IN, UNDER OR ON THE SUBJECT PROPERTY OR ITS WATERS, OR IF ANY HAZARDOUS OR TOXIC MATERIALS HAVE CONTAMINATED THIS OR OTHER PROPERTIES OR ITS WATERS IN ANY WAY WHATSOEVER. NO SUBSURFACE EXAMINATION OF ANY TYPE HAS BEEN MADE BY THE ENGINEER, AND ACCORDINGLY, NO OPINION IS EXPRESSED OR INFERRED ON ALL SUCH MATTERS. FURTHER, NO OPINION IS RENDERED AS TO ANY VIOLATION OF ANY ENVIRONMENTAL LAWS OR REGULATIONS, EITHER FEDERAL, STATE, OR LOCAL RELATED TO THE INFORMATION SHOWN ON THIS PLAN AND THE ENGINEER IS IN NO WAY LIABLE FOR ANY VIOLATION OF SUCH ENVIRONMENTAL LAWS SHOULD SUCH EXIST. CHANGES MADE IN FIELD BY CONTRACTOR TO APPROVED CONSTRUCTION DOCUMENTS WITHOUT NOTIFICATION AND APPROVAL FROM ENGINEER OF RECORD IN WRITING PRIOR TO CONSTRUCTION OF FIELD CHANGE SHALL RELIEVE ENGINEER OF ANY LIABILITY FOR CONSTRUCTION ISSUES THAT MAY ARISE. NF\ NF\ w 1F O � J Q 7O W U U MAC NAL IN PAVEMENT ELEVA71ON: 1&3W Oa�'00D UTILITY PR0'YFCT�T TF R Q.J20 _ 9066` BEFORE YOU DIG! CALL 811 N.C. ONE -CALL CENTER IT'S THE LAW! HIP DROP INLET RIM: 12.49' INV.: 5.80' 1730"PINE ABANDONED DROP INLE RIM: 12.72o"PINE INV.: 10.78 36"PINE 30"PINE 30"PIN E 30"PINE E 36"PINE 30"PINE DROP INLET RIM: 12.66' INV.: 6.73' N M1DOGWOOD N 24"PINE A o 30"PIN z �, 1Ss 30"LIVE OAK 36"POPLAR 0 EF I PARCEL "A" ABA SELF STORAGE, LLC SURVEY MAP BOOK 62, PAGE 103 ABA SELF STORAGE, LLC DEED BOOK 6016, PAGE 361 PARCEL ID: R07012-004-004-000 EXISTING STORAGE BUILDING CHAIN LINK FENCE N 50°26'22" E 450.00' 10�E 3"OAK 8"DOGWOOD 17fr\ 5"PINE ` `�il 10"MAPLE ,% "PI 12"PINE 10"OA\oa�f 13"PINE 13"PINE 12"PINE 12"PIN 10"OAK z/ \0"E_ _ � 21- 2"PINE 8"OAK i ll9*18"PINE 13"PINE // \o"E 12"PINE 4'GU LSfs 10"DOGWOOD �o"e 4"OAK 26"OAK BRICK WELL HOUSE— 12' PINE °"E_ BRICK WELL HOUSE �0"E 13"PINE 12"PINE 18"PINE 15"PINE Z I J o TOTAL AREA SCHAFFER TRACTCD II 84 ABA SELF STORAGE, LLC SURVEY z '221E Sq. Ft. 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NC Hwy 150, Suite F Winston-Salem, NC 27127 PH: 336.775.2118 FAX: 336.764.0797 NC License: C-3900 /www.KennedyEnginee6ng.com Z J U Q Z v U F- w Q 0 ° W Z Z CO a > V N �CrWLU V LL o ILa LU Z 0 o a a W C0 ~ 00 0 U Z J CD U 1) cr^ a. C O 2- °L U to a) 0 O z Technician: Designer: DCS TSK Project No: Checked by: 22-056 NLK Drawing Name: SITE PLAN rawing Reference: 22-056 - Site Plan.dwg ate: Drawing Number: NOVEMBER 2022 C-200 cafe: 1 tt = 30' ITEM: 11- 9 - 1 Public Comments In Support Neutral In Opposition Board of Commissioners - March 6, 2023 ITEM: 11- 10 - 1 Griffee, Julian From: noreply@civicpIus.com Sent: Tuesday, January 24, 2023 11:29 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #1008 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 Danny Last Name Lamm Address 1201 Lacewood Ct Wilmington City Wilmington NC State NC Zip Code 28409 Email dlamm!,&ec.rr.com Projects available for PB-Z23-05 - 4629 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment Our local government needs to figure out how to solve our infrastructure needs before allowing more building in this area 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. Board of Commissioners - March 6, 2023 ITEM: 11- 11 - 1 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 inyourbrowser. Board of CommissiAers - March 6, 2023 ITEM: 11- 11 - 2 Griffee, Julian From: noreply@civicpIus.com Sent: Monday, January 23, 2023 4:10 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #950 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 Megan Last Name Hall Address 1105 Lt. Congleton Rd City wilmington State nc Zip Code 28409 Email meaanwiltshire1977 d� mail.com Projects available for PB-Z23-05 - 4629 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment Opposed 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• Board of Commissioners - March 6, 2023 ITEM: 11- 11 - 3 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 - March 6, 2023 ITEM: 11- 11 - 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 3/6/2023 Regular DEPARTMENT: Planning PRESENTER(S): Robert Farrell, Senior Planner CONTACT(S): Robert Farrell; Rebekah Roth, Planning & Land Use Director SU BJ ECT: QUASI-JUDICIAL HEARING Special Use Permit Request (522-03) — Request by Thomas Johnson, attorney on behalf of Skyway Towers, applicant, on behalf of Kenneth and Eloise Parker, property owners, to place a 195 foot tall, concealed monopole Wireless Communications Tower on one unaddressed parcel totaling approximately 4.98 acres of land located on Plantation Road at the intersection of Plantation Road and Military Cutoff Extension. This item was continued from the February 6, 2023 meeting. BRIEF SUMMARY: The applicant is requesting a special use permit to construct and operate a 195' tall wireless support structure on an approximately 4.28-acre parcel located along Plantation Road east of the intersection of Plantation Road and Military Cutoff Extension currently under construction. The property is currently undeveloped and is zoned R-15, which allows wireless support structures with a special use permit. This item was continued from the February 6 meeting at the request of the applicant in order to allow an expert witness to be present and provide testimony regarding the application. The hearing was re -advertised with legal notices, letters to surrounding property owners, and a sign posted on the property. The wireless support structure, which is designed as a concealed, monopole antenna wireless communication facility, will have a total overall height of 199 feet when including a 4-foot lightning rod. It will be designed to accommodate four (4) wireless carriers. Cellular antennae will be placed at heights of 160, 170; 180' and 193'. The tower will be situated within a 50' x 50' (2,500 sf) fenced -in equipment compound within a 100' x 100' (1,000 sf) lease area with required buffers and landscaping meeting the requirements of the Unified Development Ordinance (U DO). Tower illumination is not required. The UDO requires wireless towers within general residential districts to utilize faux tree stealthing unless the requirement is exempted by the Board of Commissioners as a condition of approval. The proposed tower will be concealed as a pine tree to match the trees in the surrounding area. Access to the tower site will be provided through a new 25' wide, 390' long gated gravel access and utility easement from Plantation Road. Maintenance at the proposed tower is estimated to generate fewer than five trips per month. The estimated trip generation for this request is under the 100 peak hour threshold that triggers the ordinance requirement for a Traffic I mpact Analysis (TIA). The application includes photographic simulations from various vantage points in the immediate vicinity that show the tower's anticipated visual impact, an affidavit certifying that radio frequency emissions will comply with Federal Communications Commission (FCC) standards, a determination from the Federal Aviation Administration (FAA) that Board of Commissioners - March 6, 2023 ITEM: 12 the facility will not be a hazard to air navigation, and an impact analysis conducted by a North Carolina certified general real estate appraiser. The 2016 Comprehensive Land Use Plan classifies the subject property as Community Mixed Use. The intent of this place type 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. 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 Comprehensive Plan's implementation guidelines do aim to support business success, workforce development, and economic prosperity, and telecommunications infrastructure, when placed to best serve the needs of surrounding residents, business, and institutional uses, can help to advance those goals. The Planning Board holds a preliminary forum for Special Use Permits. The purpose of the preliminary forum is for the Planning Board, public, and applicant to discuss and consider the request before it moves to the Board of Commissioners for a quasi-judicial hearing. The preliminary forum is not a public hearing, and the Planning Board does not make a recommendation on special use permit requests. There are four principal findings of fact the Board of Commissioners must answer when considering a Special Use Permit request: 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 located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: 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 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. Board of Commissioners - March 6, 2023 ITEM: 12 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 located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. [State the finding(s) that the applicant does not meet and include reasons why it is not being met] ATTACHMENTS: S22-03 BOC Scdpt S22-03 Staff Report S22-03 Zoning Map S22-03 Future Land Use Map S22-03 Mailout Map Applicant Materials Coker Sheet S22-03Applicant Materials Balloon Test Simulated Imagery Impact Study Concept Plan Coker Sheet Concept Site Plan S22-03 Public Comments COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) The board's decision to approve or deny an application for a Special Use Permit should be based solely on the competent and material evidence presented during the public hearing. COMMISSIONERS' ACTIONS: Approved with one condition 5-0. Board of Commissioners - March 6, 2023 ITEM: 12 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) A. Close the hearing 5. Board discussion b. Ask Applicant whether he/she agrees with staff findings. 7. Vote on the Special Use Permit application. ElMotion to approve the permit - All findings are positive. ❑ Motion to approve the permit, subject to conditions specified below: (State Conditions) 13 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 - March 6, 2023 ITEM: 12- 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 - March 6, 2023 ITEM: 12- 1 - 2 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 ZONING Site / CZD - B-2 0 R-5 0 R-15 0 PD SURROUNDING AREA LAND USE ZONING North Undeveloped R-15 East Undeveloped PD South Undeveloped R-15 West Undeveloped R-15 S22-03 Staff Report BOC 2.6.2023 Page 1 of 16 Board of Commissioners - March 6, 2023 ITEM: 12- 2 - 1 AERIAL %1 1 •,I--�1Plantati• j +dam Site t. ZONING HISTORY July 7, 1972 Initially zoned R-15 (Area 813) - 1 III 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 The County's Conservation Resources Map indicates that pocosin Conservation 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 S22-03 Staff Report BOC 2.6.2023 Page 2 of 16 Board of Commissioners - March 6, 2023 ITEM: 12- 2 - 2 EXISTING CONDITIONS AND PROPOSED SITE PLAN —_ Existing Pond ff� kI ail: TSY ! 4� 1 rt O fff i ' +f rn I (D I 1 :3 l err 3 1 - 1 I C O :3 l N r+ 1 "5 ! C I 0' t 1 Plantation Road 4a� N �f:Ll �FAS�A' ------------ gyp+ — 1 PA4�R6 ��' w7C CAhfVWr iDCLY� ^3'C ` A'.4i1P af]Nk�i R 9a 1Y 1K - �//1�` S_ PROMEL tF M11E .XM A wvN 1 ;nM1 1 0 Q O s_ CL f PRhPOM 12' OPAIIE1 Att ININ " L NI TLICY➢l-0 .. (a— = L-1 P 9OUH[' eluw-U!u FE74LF9 odlnwlb. ' 17aoo mrta WWAO EE JWo� CdIPOk FJ E' [+4. S4j*7 Site Plan for Proposed Wireless Support Structure Proposed 195' Monopole Tower 1 • 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. S22-03 Staff Report BOC 2.6.2023 Page 3 of 16 Board of Commissioners - March 6, 2023 ITEM: 12- 2 - 3 100' x 100' leased area _-'�PRacosFo wMMOR M sEE Pumnc scnEO I eo'-0• pEwcm courcuuB �r_...� r�EnranmiE _ _ �Rw50 .—.—. I � .• o � fvfNOvovfoSW[o Y xIRN cxpw- tJ C IIY / t' B190E0 WIRFUNR 11 - 1I Yr u!n 'M.� � I � PROP09ED vS01 WNOaw[ 0 Torn@@ - - Tower Site LANDSCAPING PLAN LANDSCAPE NOTES: 1, p — INTERNEE — P-0 flMCMM — BE IN ACCOROM'CE WIIM TXE T 2. MKCN $M4L BE FINEV —DIED IVAO D BARKM-N. BO NOT COVER ME ROOT cNbwI OF III p SNLL 9 mT1 !!10 INE — 11 ME RASE OF THE Landscape RNROR w,E�uB.�%,.°° ��P ,T-Ol,ONE — No. oIE P Buffer ` C- �. o'- OF . o� 1 NO 1.� �FM IF IF_ % a pu PwrT MnTwws M— e.E aun�—EOL ON oRraTBa ,w�� NG ,... W NOT -RM IRON 9TN(EAm1.5k1.0'.O.Z' Proposed Driveway I—Tol' IN°w ON f 51ET1 TRVNN TO STP10=5 1VpNIZEG WRX TREE -E IN O.". OR (E GA) 04 WIRE B'P PVSM XD3[ / Tla�i w>K OF RwE ns R poE ------------------------ I cEmErE I WNOSC.PE BUPFFR cRFntE PM I T P�21/3EOF I h, w R NOOT Rau a ��� eEL�UYL YIK 'EC4RI�' m BOTTCM {MININ�M R� I rs aR oESRm ROOT Bpu wXEw 50' x 50' T�IL MIX. �EE BPEC. PR IN TREE PLANTING AND GUYING DETAIL Fenced�-, Nrs Compound GR.4FYiIC SCALE 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. S22-03 Staff Report BOC 2.6.2023 Page 4 of 16 Board of Commissioners - March 6, 2023 ITEM: 12- 2 - 4 TOP OF ALL APPURTENANCES EELV.-199.0 AGL OPOLE TOWER 195' Tower Height F.7— FUTURE CARRIER ANTENNA R ELEV.-170.0' ACT. FUTURE CARRIER ANTENNA CE ELEV.-160.0' AGL Faux Pine Concealment PROPOSED 4' Lightning Rod T-MOBILE ANTENNAS (TYP, OF 12 - BY OTHERS) PROPOSED 195' MONOFINE TOWER \ PROPOSED MONOPINE STEEL STRUCTURE TO BE PAINTED. CONTRACTOR TO USE CONTRACTOR TO USE COLOR , 'SNERWIN WILLIAMS - LAVA BROWN #6090' OR APPROVED EQUAL. PROPOSED T-MOBILE EQUIPMENT ON STEEL PUNTH.- (6Y OTHERS) PROPOSED CMN—UNK FDJCEa cowouNa " h GROUND �I ELEV= 0.0' AGL TOWER ELEVATION C 2 SCALE: SCALE: 1"=24'(31%1]) 4 Wireless Carriers NOTE: PER FAA 'DETERMINATION OF NO HAZARD TO AIR NAVIGATION" LETTER DATED 09/26/2022, TOWER ILLUMINATION 15 NOT REQUIRED. TOWER & FOUNDATION DESIGN PERFORMED INDEPENDENTLY FROM THESE CONSTRUCTION DRAWINGS. Concealed Monopole Elevation GRAPHIC SCALE 11 -1 • 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. S22-03 Staff Report BOC 2.6.2023 Page 5 of 16 Board of Commissioners - March 6, 2023 ITEM: 12- 2 - 5 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 4.3.3.0 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 4.3.3.0 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. S22-03 Staff Report BOC 2.6.2023 Page 6 of 16 Board of Commissioners - March 6, 2023 ITEM: 12- 2 - 6 AREA SUBDIVISIONS UNDER DEVELOPMENT S22-03 Staff Report BOC 2.6.2023 Page 7 of 16 Board of Commissioners - March 6, 2023 ITEM: 12- 2 - 7 TRANSPORTATION Site Access I Primary Access Road P�a�t�tion'Road T - (D ti a� 4; Site , -- 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). S22-03 Staff Report BOC 2.6.2023 Page 8 of 16 Board of Commissioners - March 6, 2023 ITEM: 12- 2 - 8 Intensity Approx. Peak Hour Trips Existing Development: Vacant 0 AM / 0 PM Proposed Development 1 95'Tall Wireless Support Structure Estimated 5 trips per month Potential Net Change: - + 5 trips per month • 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 #' r � Will, :va un'nr+l,ll i �✓�j� � � rr�r� l III a de Ins i � � 1411i11j 1i11 � own 7Rt •��� 11� Ills sit l71111LL `■al■■/ 6 `i■h' ������� J I� '.11717111�Li■tip. ■ �*ii■1■■! ■r ■ k INN U U ��ONOMINEEOP . i17141L ;�� L111� � R ti +�+ • ��� 41. rl� *4s* 1V7f�` ip At 1 Lf Ili 1�6�r` ��� � �i4►t r�� �;jLl Lll llli 7<;1 ��ia+�"t S22-03 Staff Report BOC 2.6.2023 Page 9 of 16 Board of Commissioners - March 6, 2023 ITEM: 12- 2 - 9 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 • 102,700 sq ft Mini - Warehouse • 405 Multi -Family Units • 100 Room Hotel • 26,000 sq ft General Office Building 1. Hanover Reserve • 36,400 sq ft Medical — • TIA approved July 20, 2021 Dental Office • 2030 Build Out Year • 106,922 sq ft Shopping Center • 17,540 sq ft High -Turnover Restaurant • 5,610 sq ft Convenience Store Gas Station 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. S22-03 Staff Report BOC 2.6.2023 Page 10 of 16 Board of Commissioners - March 6, 2023 ITEM: 12- 2 - 10 • 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. S22-03 Staff Report BOC 2.6.2023 Page 11 of 16 Board of Commissioners - March 6, 2023 ITEM: 12- 2 - 11 • 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. --RJR -M I I 1 111 =WWI i WE W11.11 im Rm 11 rrau Arun rq u/e aiii�!ff f� nr� l�r �f �,Nniq r GENERAL .•RESIDENTIAL COMMUNITY MIXED USE solve r • �i........ ONE ■r I ME Future Land Use Map Place Type Community Mixed Use Focuses on small-scale, compact, mixed use development patterns that serve Place Type all modes of travel and act as an attractor for county residents and visitors. Description Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi -family and single-family residential. S22-03 Staff Report BOC 2.6.2023 Page 12 of 16 Board of Commissioners - March 6, 2023 ITEM: 12- 2 - 12 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 Analysis 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 4.3.3.0 of the Unified Development Ordinance. S22-03 Staff Report BOC 2.6.2023 Page 13 of 16 Board of Commissioners - March 6, 2023 ITEM: 12- 2 - 13 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.l.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. S22-03 Staff Report BOC 2.6.2023 Page 14 of 16 Board of Commissioners - March 6, 2023 ITEM: 12- 2 - 14 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 S22-03 Staff Report BOC 2.6.2023 Page 15 of 16 Board of Commissioners - March 6, 2023 ITEM: 12- 2 - 15 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] S22-03 Staff Report BOC 2.6.2023 Page 16 of 16 Board of Commissioners - March 6, 2023 ITEM: 12- 2 - 16 Case. Site Address: S22-03 Plantation Road near Military Cutoff Extension Zoning Districts B-1 AC R-5 EDZD CB 1-1 R-7 PD B 22 1-2 R-10 RMF-X CS AR R-15 RMFU Sc RA R-20 UMXZ O&1 R-20S ® Indicates Conditional Zoning District (CZD) COD See Section 5.7 of the UDO D Incorporated Areas ` SHOD Boarc Existing Zoning/Use: lia 12_3 - C 5 SITE Military Cutoff Extension r jk 0 500 1,000 Feet I i I Case: Site Address: Existing Zoning/Use: N S22-03 Plantation Road near Military Cutoff Extension Ak .1-140— Community Mixed Use ckf v MixedlUse SITE Place Types COMMERCE ZONE Military Cutoff EMPLOYMENT CENTER Extension GENERAL RESIDENTIAL o� URBAN MIXED USE <i q�. COMMUNITY MIXED USE �GL ergCove �h` (-� Odd' RURAL RESIDENTIAL o e-�r Fd S� arch CONSERVATION a,< 11 0 500 1,000 Feet I i I Case: Site Address: Existing Zoning/Use: �T S22-03 Plantation Road near R-15 Military Cutoff Extension Military Cutoff Extension Plantation=Rd = SITE 713 '0 0 L. 7 °' 0 500 1,000 Feet _ . ve;L• ❑ Neighboring Parcels (500 feet) Initial Application Documents & Materials Board of Commissioners - March 6, 2023 ITEM: 12- 6 - 1 APPLICANT NOTE: Application revised 12105122 -proposed wireless communication facility/support structure design changed to stealth monopole (faux tree/monopine). NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 1 10 Wilmington, North Carolina 28403 Telephone (910) 798-7165 FAX (910) 798-7053 planningdevelopment.nhcgov.com SPECIAL USE PERMIT APPLICATION This application form must be completed as part of a special use permit 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 10.3.5 of the Unified Development Ordinance. IPublic Hearing Procedures (Optional) 1* 2 3 4 5 6 7 Pre -Application Community Application Planning Public Hearing Planning Board Board of Post -Decision Conference Information Submittal & Director Review Scheduling & Preliminary Commissioners Limitations and Meeting Acceptance & Staff Report Notification Forum Hearing & Actions (TRC Optional) Decision IL *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) Thomas H. Johnson, Jr. (Attorney), on behalf of Parker, Kenneth R. Sr. and Eloise T. Skyway Towers Company Company/Owner Name 2 Williams Mullen Address Address 301 Fayetteville Street, Suite 1700 937 Greenhowe Dr City, State, Zip City, State, Zip Raleigh, NC 27601 Wilmington, NC 28409 Phone Phone 919.981.4006 Email Email tjohnson@williamsmullen.com Board of Commissioners - March 6, 2023 Page 1 of 8 ITEM: 12- 7 - 1 Special Use Permit Application — Updated 02-2022 2. Subject Property Information Address/Location Parcel Identification Number(s) Plantation Road (unaddressed) R02800-004-012-001 Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification 4.28 acres R-15 zoning; vacant Community Mixed Use 3. Proposed Zoning, Use(s), & Narrative 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). Application for special use permit to construct a 199'-tall wireless communication facility/support structure on an existing vacant parcel (Parcel ID: R02800-004-012-001), approximately 4.28 acres in size located on Plantation Road, and zoned R-15. The proposed facility is a 195 foot monopole tower with faux tree stealthing and a 4' lightning rod (199' total), consistent with the requirements of UDO Section 4.3.3.C.6.c.5 for wireless support structures in general residential districts. The proposed monopole tower will be located in a 50' x 50' fenced compound area within a 100' x 100' lease area. Access to the tower/compound from Plantation Road will be provided by a 25-foot-wide access and utility easement. The proposed tower complies with all setback and other design standards/requirements of the UDO. Additional information and details pertaining to the proposed tower are contained in the exhibits attached to this special use permit application, including the Applicant's Narrative (Exhibit A) that describes how the proposed wireless communication facility complies with the applicable use -specific standards contained in UDO Section 4.3.3(C). 4. Proposed Condition(s) 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. None Board of Commissioners - March 6, 2023 Page 2 of 8 ITEM: 12- 7 - 2 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: The number of trips to the site will be less than 5 per month. Trip Generation Use and Variable (gross floor area, dwelling units, etc.) AM Peak Hour Trips: I 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. The proposed tower is set back from the adjacent road and properties by distances exceeding the minimum requirements of the UDO. Operation of the proposed tower will not require daily on -site occupancy by personnel and only involves periodic maintenance/inspection by technicians, generating less than 5 vehicle trips per month by a medium-sized work truck. The proposed tower only requires electrical service and will not require public water and sewer services. Erosion control measures and management of stormwater runoff will be in accordance with all applicable regulations during and after construction. There are no anticipated air discharges, and the tower will meet or exceed all ANSI, FCC and FAA regulations. The tower and associated ground equipment will be located within a secured, fenced compound allowing only authorized access. The use as proposed will improve wireless communications and internet access in an area of poor service. This improved wireless service is especially important for reliable access to emergency services. Board of Commissioners - March 6, 2023 Page 3 of 8 ITEM: 12- 7 - 3 Special Use Permit Application — Updated 02-2022 2. The use meets all required conditions and specifications of the Unified Development Ordinance. The location of the proposed tower on the site exceeds minimum required setback from all property lines as specified by the UDO (i.e. distance equal to the height of the tower). An 8'-tall fence extends around the perimeter of the equipment compound at the tower's base, surrounded by a 25'-wide landscape buffer meeting the required opacity standards. The tower will accommodate at least two additional carriers (service providers). Compliance with all other requirements of the LIDO for wireless communications facilities is demonstrated in the exhibits and documents attached to and included as part of this special use permit application. 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. The location of the tower on the site and proposed landscape buffer surrounding the associated ground equipment meet or exceed UDO requirements. In accordance with UDO Section 4.3.3.C.6.c.5, the proposed stealth monopole design utilizes faux tree stealthing (monopine) to match the appearance of existing trees within the vicinity of the proposed tower location. The properties to the north, west and south of the site (including the subject property) are located in the Community Mixed Use designation on the New Hanover County Future Land Use Plan. This designation intends for development of higher intensities with a mix of uses including retail, office, housing and recreation. The tower's location is also approximately halfway between two growth nodes that encompass areas designated Urban Mixed Use on the Future Land Use Plan, which areas are intended for development with even greater intensities. The tower's location will allow for telecommunication service providers to more effectively and efficiently meet increasing demands for service in areas planned for more intense growth and development. Board of Commissioners - March 6, 2023 Page 4 of 8 ITEM: 12- 7 - 4 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 Plan's goals, objectives for the various planning areas, its definitions of the various land use classifications and activity centers, and its locational standards. As shown in the exhibits and documents attached to and included as part of this special use permit application, the location of the tower on the site with respect to setbacks and the landscape buffer surrounding the associated ground equipment meet or exceed UDO requirements. The location of the tower/compound and associated access drive effectively balance compliance with setback and other design requirements with minimizing physical disturbance of the site. The proposed stealth monopole design utilizing faux tree stealthing will minimize visual impact on the surrounding area. The location and design is consistent with multiple aspects of the Comprehensive Plan. For example, the proposed tower complements the goal of using public infrastructure improvements to leverage private investments by facilitating the provision of telecommunications service in an area planned for higher -intensity growth to be served by a new interchange on the Military Cutoff Extension to 140 currently under construction. Facilitating enhanced telecommunications services also supports the objective of promoting a strong diverse econ omy and high quality growth and the goal of supporting business success. Board of Commissioners - March 6, 2023 Page 5 of 8 ITEM: 12- 7 - 5 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. Applicant Application Checklist Initial This application form, completed and signed THJ J$! Application fee: • $500; $250 if application pertains to a residential use (i.e., mobile home, duplex, family child care home). THJ ❑ 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. N/A 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) THJ ❑ 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 N/A 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. THJ �I One (1) digital PDF copy of ALL documents AND plans THJ I For wireless support structures or substantial modifications, the elements listed on the attached checklist THJ Board of Commissioners - March 6, 2023 Page 6 of 8 ITEM: 12- 7 - 6 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 l 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. 1"i� �'PA/V6:4-" ignature of Property Owner(s) kzls 16-6� Z A f ke r 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 "resent 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 ad on the request at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. Board of Commissioners - March 6, 2023 ITEM: 12- 7 - 7 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) V, 'F Signature of Applicant/Agent Print Name(s) Thomas H. Johnson, Jr. atty for Applicant 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. Board of Commissioners - March 6, 2023 Page 7 of 8 ITEM: 12- 7 - 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. THJ 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. THJ Determination of No Hazard to Air Navigation, or other applicable determination by the Federal Aviation Administration (FAA) upon review of FAA Form 7460. THJ 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 applicant's 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. THJ Board of Commissioners - March 6, 2023 Page 8 of 8 ITEM: 12- 7 - 9 Special Use Permit Application — Updated 02-2022 NEW HANOVER COUNTY w4 i PLANNING & LAND USE x AUTHORITYFOR APPOINTMENT OFAGENT Print Form 230 Government Center Drive Suite 110 Wilmington, NC 28403 910-798-7165 phone 910-798-7053 fax www.nhegov.com Please note that for quasi-judicial proceedings, either the land owner or an attorney must be present for the case at the public hearing. The undersigned owner does hereby appoint an authorized the agent described herein as their exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and/or an appeal of Star decisions applicable to the property described in the attached petition. The Agent is hereby authorized to, on behalf of the property owner: 1. Submit a proper petition and the required supplemental information and materials 2. Appeal at public meetings to give representation and commitments on behalf of the property owner 3. Act on the property owner's behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning Ordinance. Agent 7nft►rinalion Proper#y er{s). SubjectProperty Name Owner Name Address Thomas H. Johnson, Jr. (Attorney) Parker, Kenneth R. Sr. and Eloise T. Plantation Road Company Owner Name 2 City, state, zip Williams Mullen Atilmington, NC 28409 Address Address Parcel ID 01 Fayetteville Street, Suite 1700 37 Greenhowe Dr R02800-004-012-001 City, state, zip City, state, Zip Raleigh, NC 27601 Wilmington, NC 28409 Phone Phone 919) 981-4006 Email Email Johnson@williamsmullen.com Cas"M Number ce: Date/Time received: Received by: This document was willfully executed on theµ LA day of 6v J)o-� , 20 Owner I Signature Owner 2 Signature Board of Commissioners - March 6, 2023 ITEM: 12- 7 - 10 EXHIBIT A: APPLICANT'S NARRATIVE (COMPLIANCE WITH UDO SECTION 4.3.3) APPLICATION FOR SPECIAL USE PERMIT PLANTATION ROAD (Parcel ID: R02800-004-012-001) SKYWAY TOWERS (Applicant) APPLICANT NOTE. Special Use Permit Application and Narrative revised 12105122 — proposed wireless communication facility/support structure design changed to stealth monopole (faux tree/monopine). Below are the applicant's 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 facility's 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. Page 1 of 7 (revised 12/05/22) Board of Commissioners - March 6, 2023 ITEM: 12- 7 - 11 EXHIBIT A: APPLICANT'S NARRATIVE (COMPLIANCE WITH UDO SECTION 4.3.3) APPLICATION FOR SPECIAL USE PERMIT PLANTATION ROAD (Parcel ID: R02800-004-012-001) SKYWAY TOWERS (Applicant) 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); Page 2 of 7 (revised 12/05/22) Board of Commissioners - March 6, 2023 ITEM: 12- 7 - 12 EXHIBIT A: APPLICANT'S NARRATIVE (COMPLIANCE WITH UDO SECTION 4.3.3) APPLICATION FOR SPECIAL USE PERMIT PLANTATION ROAD (Parcel ID: R02800-004-012-001) SKYWAY TOWERS (Applicant) 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 1-1 and 1-2 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 1-1 and 1-2 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. Page 3 of 7 (revised 12/05/22) Board of Commissioners - March 6, 2023 ITEM: 12- 7 - 13 EXHIBIT A: APPLICANT'S NARRATIVE (COMPLIANCE WITH UDO SECTION 4.3.3) APPLICATION FOR SPECIAL USE PERMIT PLANTATION ROAD (Parcel ID: R02800-004-012-001) SKYWAY TOWERS (Applicant) 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. Page 4 of 7 (revised 12/05/22) Board of Commissioners - March 6, 2023 ITEM: 12- 7 - 14 EXHIBIT A: APPLICANT'S NARRATIVE (COMPLIANCE WITH UDO SECTION 4.3.3) APPLICATION FOR SPECIAL USE PERMIT PLANTATION ROAD (Parcel ID: R02800-004-012-001) SKYWAY TOWERS (Applicant) 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 1-1 and 1-2 districts, wireless support structures shall be monopole or unipole construction; guyed or lattice -type towers are prohibited. 2. Except in the 1-1 and 1-2 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. Page 5 of 7 (revised 12/05/22) Board of Commissioners - March 6, 2023 ITEM: 12- 7 - 15 EXHIBIT A: APPLICANT'S NARRATIVE (COMPLIANCE WITH UDO SECTION 4.3.3) APPLICATION FOR SPECIAL USE PERMIT PLANTATION ROAD (Parcel ID: R02800-004-012-001) SKYWAY TOWERS (Applicant) The applicant shall provide evidence that collocating new antennae and equipment on an existing wireless support structure or structures within the applicant's 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 applicant's 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. Page 6 of 7 (revised 12/05/22) Board of Commissioners - March 6, 2023 ITEM: 12- 7 - 16 EXHIBIT A: APPLICANT'S NARRATIVE (COMPLIANCE WITH UDO SECTION 4.3.3) APPLICATION FOR SPECIAL USE PERMIT PLANTATION ROAD (Parcel ID: R02800-004-012-001) SKYWAY TOWERS (Applicant) 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. Page 7 of 7 (revised 12/05/22) Board of Commissioners - March 6, 2023 ITEM: 12- 7 - 17 EXHIBIT B: APPLICATION FOR SPECIAL USE PERMIT PLANTATION ROAD (Parcel ID: R02800-004-012-001) SKYWAY TOWERS (Applicant) NORTH CAROLINA NEW HANOVER COUNTY JUSTIN JONES, the Vice President of Operations for Skyway Towers, LLC, a Delaware limited liability company, upon being duly sworn, deposes and states as follows: 1. I am over the age of 18 and am competent to make this Affidavit. I have personal knowledge of the facts stated herein. 2. 1 certify that the construction, placement and operation of the proposed wireless communications tower to be located on New Hanover County Parcel ID No. R02800- 004-012-001 off of Plantation Road (the "Tower") will meet 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), and the rules promulgated by the Federal Communications Commission (FCC), and all other applicable federal, state, and local laws. 3. 1 certify that radio frequency emissions from the antenna array(s) will comply with the FCC standards. 4. 1 certify that both individually and cumulatively the proposed facilities located on or adjacent to the Tower will comply with current FCC standards. This the lay of ��'+" , 2022. J cn Jo s FLORIDA „ _ `kv -, COUNTY n Sworn to and subscribed before me this ✓ day of.�,t,i.�J�.. A6 2022. SARA M. BENSON Notary Public • State of Florida No U lic Commission R HH 298050 }or n My Comm. Expires Aug 14, 2026 Bonded through National Notary Assn. Board of Commissioners - March 6, 2023 ITEM: 12- 7 - 18 APPLICATION FOR SPECIAL USE PERMIT PLANTATION ROAD (Parcel ID: R02800-004-012-001) SKYWAY TOWERS (Applicant) EXHIBIT C: FAA DETERMINATION OF NO HAZARD TO AIR NAVIGATION 9/26/22, (4 Pages) Board of Commissioners - March 6, 2023 ITEM: 12- 7 - 19 Mail Processing Center Federal Aviation Administration Southwest Regional Office Obstruction Evaluation Group 10101 Hillwood Parkway Fort Worth, TX 76177 Issued Date: 09/26/2022 Operations Skyway Towers, LLC 3637 Madaca Lane Tampa, FL 33618 Aeronautical Study No. 2022-ASO-7222-OE ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION ** The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C., Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning: Structure: Antenna Tower NC-08899 Murraysville - TWR - NON C-BAND Location: Wilmington, NC Latitude: 34-18-11.66N NAD 83 Longitude: 77-49-27.09 W Heights: 42 feet site elevation (SE) 199 feet above ground level (AGL) 241 feet above mean sea level (AMSL) This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following condition(s), if any, is(are) met: Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking/ lighting are accomplished on a voluntary basis, we recommend it be installed in accordance with FAA Advisory circular 70/7460-1 M. This determination expires on 03/26/2024 unless: (a) the construction is started (not necessarily completed) and FAA Form 7460-2, Notice of Actual Construction or Alteration, is received by this office. (b) extended, revised, or terminated by the issuing office. (c) the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for completion of construction, or the date the FCC denies the application. NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO Board Pnh�ahi4ners - March 6, 2023 ITEM: 12- 7 - 20 SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD. This determination is based, in part, on the foregoing description which includes specific coordinates, heights, frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power, except those frequencies specified in the Colo Void Clause Coalition; Antenna System Co -Location; Voluntary Best Practices, effective 21 Nov 2007, will void this determination. Any future construction or alteration, including increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA.This determination includes all previously filed frequencies and power for this structure. If construction or alteration is dismantled or destroyed, you must submit notice to the FAA within 5 days after the construction or alteration is dismantled or destroyed. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. A copy of this determination will be forwarded to the Federal Communications Commission (FCC) because the structure is subject to their licensing authority. If we can be of further assistance, please contact our office at (404) 305-6504, or dale.kimmel@faa.gov. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2022-ASO-7222-OE. Signature Control No: 513784749-554868478 Dale Kimmel Specialist Attachment(s) Frequency Data Map(s) cc: FCC (DNE) Page 2 of 4 Board of Commissioners - March 6, 2023 ITEM: 12- 7 - 21 Frequency Data for ASN 2022-ASO-7222-OE LOW HIGH FREQUENCY ERP FREQUENCY FREQUENCY UNIT ERP UNIT 6 7 GHz 55 dBW 6 7 GHz 42 dBW 10 11.7 GHz 55 dBW 10 11.7 GHz 42 dBW 17.7 19.7 GHz 55 dBW 17.7 19.7 GHz 42 dBW 21.2 23.6 GHz 55 dBW 21.2 23.6 GHz 42 dBW 614 698 MHz 1000 W 614 698 MHz 2000 W 698 806 MHz 1000 W 806 901 MHz 500 W 806 824 MHz 500 W 824 849 MHz 500 W 851 866 MHz 500 W 869 894 MHz 500 W 896 901 MHz 500 W 901 902 MHz 7 W 929 932 MHz 3500 W 930 931 MHz 3500 W 931 932 MHz 3500 W 932 932.5 MHz 17 dBW 935 940 MHz 1000 W 940 941 MHz 3500 W 1670 1675 MHz 500 W 1710 1755 MHz 500 W 1850 1910 MHz 1640 W 1850 1990 MHz 1640 W 1930 1990 MHz 1640 W 1990 2025 MHz 500 W 2110 2200 MHz 500 W 2305 2360 MHz 2000 W 2305 2310 MHz 2000 W 2345 2360 MHz 2000 W 2496 2690 MHz 500 W Page 3 of 4 Board of Commissioners - March 6, 2023 ITEM: 12- 7 - 22 Sectional Map for ASN 2022-ASO-7222-OE ip pEt eff h r Wrightsville Page 4 of 4 Board of Commissioners - March 6, 2023 ITEM: 12- 7 - 23 EXHIBIT D: APPLICATION FOR SPECIAL USE PERMIT PLANTATION ROAD (Parcel ID: R02800-004-012-001) SKYWAY TOWERS (Applicant) NORTH CAROLINA NEW HANOVER COUNTY JUSTIN JONES, the Vice President of Operations for Skyway Towers, LLC, a Delaware limited liability company ("Skyway Towers"), upon being duly sworn, deposes and states the following in support of its application for a special use permit for a telecommunications tower on New Hanover County Parcel ID No. R02800-004-012-001: 1. 1 am over the age of 18 and am competent to make this Affidavit. I have personal knowledge of the facts stated herein. 2. Skyway Towers, the applicant, worked with T-Mobile to find a tower location near the intersection of Plantation Road and the Military Cutoff Road Extension to improve T- Mobile's coverage in the area. During this search and, in compliance with NCGS §160D-933(b)(3), Skyway Towers found that there are no existing wireless support structures within T-Mobile's search ring for this site. This the ��ay of 2022. ustin Jone FLORIDA 911 �S�?i^ COUNTY Sworn to and subscribed before me this ) day of S, 2022. ee t � `'y sAaeNsoN Notary Public 1 r AM it Notary Public- state of Florida Commission N HH 298050 �o My Comm. Expires Aug 14, 2026 "" Sanded through National Notary Assn. Board of Commissioners - March 6, 2023 ITEM: 12- 7 - 24 APPLICATION FOR SPECIAL USE PERMIT PLANTATION ROAD (Parcel ID: R02800-004-012-001) SKYWAY TOWERS (Applicant) EXHIBIT E: COVERAGE ANALYSIS 8/9/22, (4 Pages) Board of Commissioners - March 6, 2023 ITEM: 12- 7 - 25 y� _vh ►� ti V O N L O c� ®� Q eV N Ql 0 L ) tu0 O ■ O Q ■ V �n Fa I I r no a � N � a 03 L ro �, � � r o � o O a N V a F� 3u.{�H aAseJ � Board of Commissioners - March 6, 202-3/) x ITEM: 12- 7 - 27 ------------ a fisnacz aJ lai lr7 'c z u� 4rJ LL E:li.i E o m 0 E M 0 E T T I- � m CD II II x x T T ■ Q- -a FL a) j "6 — a) L aj o of +- C m a) w +� � m +� _ _ � m 3 °� o ° w a) � m � coo —_ 3 ° 3 v,� T—> °+, ° ami c = 2 ' � M — v n ° v � � ami o o CL ' 3 ° ° L G a Q � L U +'Ln 3 L a) C m y ?: -p m Ln Ln = Z O >- °C i _ ° m = -0 W ai a > a: O Ln :3 3 C >' > O " 'X i Q c C W G °-= N o J coo 3 E Q O s Ln m I cu A—_- rt J �I X-�z o, k � � F; •-1 a tir'- . - J ommissioner a ITEM: 12-. 0 a 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.Oft AMSL. On Thursday, October 6, 2022, TEP deployed an orange, approximately 5 ft diameter, Cloudbuster' 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. Indicates Tower Not Visible Shows Tower at full specification MICHAEL P SAMPAIR's TECHNICAL GRAPHICS SERVICES PROVIDING PROFESSIONAL SPECIALTY SERVICES TO THE TELECOMMUNICATIONS INDUSTRY Board of Commissionersp - March 6,_2023 SKYWAY TOWERS NC-08899, MURRAYVILLE PLANTATION ROAD WILMINGTON, NC TOWER SIMULATIONS SKYWAY TOWERS NC-08899, MURRAYVILLE PLANTATION ROAD `VILMINGTON, NC TOWER SIMULATIONS SKYWAY TOWERS w 1�2 cM1w.v.iy.ra �' My wergarx amro 1-9 Board ot Gommissioners - arc ITEM: 12- 8 - 41ge 4 NC-08899, MURRAYVILLE PLANTATION ROAD WILMINGTON, NC TOWER SIMULATIONS • revision 20221107-1257 rx. �n O.my.n fey SKYWAY TOWERS NC-08899, MURRAYVILLE PLANTATION ROAD WILMINGTON, NC TOWER SIMULATIONS VIEW FROM LOCATION I Board of Commissioners - March 6 ?023 ITEM: 12- 8 - ige 5 of • revision 20221107-1257 yi e� • � l2k lr er ! 44 e • `w! . 'ART;- .. -.TOWER H SKYWAY TOWERS NC-08899, MURRAYVILLE PLANTATION ROAD WILMINGTON, NC TOWER SIMULATIONS VIEW FROM LOCATION 3 Board of Commissioners - March 6,?023 . . ITEM: 12- 8 -Page 7 of 5 • revision 20221107-1257 SKYWAY TOWERS NC-08899, MURRAYVILLE PLANTATION ROAD WILMINGTON, NC TOWER SIMULATIONS VIEW FROM LOCATION 4 Board of Commissioners - March 6 ?023 ITEM: 12- 8 - ige 8 of • revision 20221107-1257 SKYWAY TOWERS NC-08899, MURRAYVILLE PLANTATION ROAD WILMINGTON, NC TOWER SIMULATIONS SIMULATED VIEW FROM LOCATION 4 Board of Commissioners - March 6 ?023 ITEM: 12- 8 - Pige 9 of o • revision 20221107-1257 SKYWAY TOWERS `! 161 t� -r- NC-08899, MURRAYVILLE PLANTATION ROAD WILMINGTON, NC TOWER SIMULATIONS VIEW FROM LOCATION 5 Board of Commissioners - March 6, 2023 ITEM: 12- 8 lice 10 oJ'15 •revision 20221107-1257 SKYWAY TOWERS `! 161 t� -r- NC-08899, MURRAYVILLE PLANTATION ROAD WILMINGTON, NC TOWER SIMULATIONS SIMULATED VIEW FROM LOCATION 5J Board of Commissioners - March 6 .�?023 ITEM: 12- 8 Pj e 11 0� 5 • revision 20221107-1257 5 ♦.•-?':� �t-�-tom w...`-7w•rc - _ SKYWAY TOWERS NC-08899, MURRAYVILLE PLANTATION ROAD WILMINGTON, NC TOWER SIMULATIONS SIMULATED VIEW FROM LOCATION Board of Commissioners - March 6 2023 ITEM: 12- 8 _11,ge 11 15 •revision 20221107-1257 Z, F - it — — -7., To %i• —7—RW—1, *- Impact Study - Cell Tower Plantation Road Murrayville, New Hanover County, North Carolina 28409 Type Report: Impact Study Effective Date October 9, 2022 N (NH-003) Board of Commissioners - March 6, 2023 ITEM: 12- 9 - 1 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. (NH-003) Deal Property Appraisers and Consultants 1100 Sundance Drive, Concord, North Carolina 28027 Board of CoTrAT&4&%cr Z MakWb-,01d253 ITEM: 12- 9 - 2 Tom Johnson October 18, 2022 Page 2 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, I k ` MICHAEL P. BERKOWITZ MPB REAL ESTATE, LLC (NH-003) Board of Commissioners - March 6, 2023 ITEM: 12- 9 - 3 IMPACT STUDYPLANTATIONROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 5 of 41 TABLE OF CONTENTS SCOPEOF THE ASSIGNMENT.......................................................................................................................6 PREMISESOF THE STUDY.............................................................................................................................7 Identificationof Subject.....................................................................................................................................7 Client, Purpose, and Intended Use and Intended Users.....................................................................................7 Analyst............................................................................................................................................................... 7 PropertyInspection............................................................................................................................................7 ExtraordinaryAssumptions of Report...............................................................................................................7 EffectiveDate of Study......................................................................................................................................8 Dateof Report....................................................................................................................................................8 TypeReport ....................................................................................................................................................... 8 Study Development and Reporting Process.......................................................................................................8 PROPOSEDFACILITY......................................................................................................................................9 Tower................................................................................................................................................................. 9 SiteImprovements.............................................................................................................................................9 Access..............................................................................................................................................................10 Location...........................................................................................................................................................12 SURROUNDINGLAND USES.........................................................................................................................12 NEWHANOVER UDO.....................................................................................................................................13 MARKETRESEARCH.....................................................................................................................................16 QualitativeAnalysis.........................................................................................................................................28 ADDENDA..........................................................................................................................................................31 Certification..................................................................................................................................................... 32 Qualificationsof the Analyst...........................................................................................................................40 (NH 003) MPB REAL ESTATE, LLC Board of Commissioners - March 6, 2023 ITEM: 12- 9 - 4 IMPACT STUDYPLANTATIONROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 6 of 41 SCOPE OF THE In accordance with our agreement with the client, this impact ASSIGNMENT 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). (1) The use will not materially endanger the public health or safety if located where proposed and approved. (2) The use meets all required -conditions and specifications of the Zoning Drdinance; (3) The use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. (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 confofmity with the Comprehensive Land Use Plan for New Hanover County. 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. (NH 003) MPB REAL ESTATE, LLC Board of Commissioners - March 6, 2023 ITEM: 12- 9 - 5 IMPACT STUDYPLANTATIONROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 7 of 41 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 Mr. Thomas H. Johnson Intended Use and Intended Attorney Users 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 It is an extraordinary assumption of this report that the Assumptions of Report 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 (NH 003) MPB REAL ESTATE, LLC Board of Commissioners - March 6, 2023 ITEM: 12- 9 - 6 IMPACT STUDYPLANTATIONROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 8 of 41 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 In preparing this study, the analyst: Reporting Process • 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. (NH 003) MPB REAL ESTATE, LLC Board of Commissioners - March 6, 2023 ITEM: 12- 9 - 7 IMPACT STUDYPLANTATIONROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 9 of 41 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. RCQMa1GS PLV nu.e i1P3 LY? AT A �f' �1'l' —T— �,J I AfA uveMAw - NR£ 0.TPPf qX' S i10t A'1P�S I ]r I ` � P.D.B. INGRESS/ I IH EGRESS- JCOOT DISK(F) UTILITY CASEMENT I IP P.O.B. I I 1 d PROPOSED 25'S EGRESS k UTILtYIINGE/ II I ) I \ a � I I NT LINE TABLE U Ll P.O.B. LEASED PREMISES 3 I t! i f ,7 54 L.7 5 TI 57 W 69. Lf N OT<1 W P5 Od L5 N 87'185i £ 6950 L 6 N 02'/ 1 W 172, 16 47 N 8T1857 E 7 .(� S ,1 9 700IM L W 7 f I \ti L9 PR"UD POSED -UNUPDLE TOWER RN 3C18'11.664 LONGITUDE: W 7i49'27.G3' GROLM ELEVATION: 4Q.D(NAVD 88) PROP06ED 100' s 100' 4 t LEASED PREMISES N v a ) d I x .vr Axnx-rx a. vwun ter. a aoae r. riwrtiv I M5� /acLV0+96.7 nrs�c wf �sem-avr-ws-wr ` d d J Il NCD4T DISK(F) CURVE TABLE GRAPHIC SCALE CI 7.50 IJ7.44 7 3.74 4 I f W 7W 0' 50' IDD' 150' t cs .50 9d IT sa.a9 N •7S 7 49a� cb .sn d 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. (NH 003) MPB REAL ESTATE, LLC Board of Commissioners - March 6, 2023 ITEM: 12- 9 - 8 IMPACT STUDYPLANTATIONROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 10 of 41 r r PROIR)SED RNER 91RGH 4 14`3 O.G. MM, SEE PLANTING SCHEDULE FOR DETNLS. `>> (TYP. OF 23) t` x' rr 18't O-C- PROPOSED COMMON Wi E FOR HDE 4 10`i D.C. MAX. (iY♦',} SEE PL&MW $U1fPL16£ FDR QETAl LS. WP OF 32) 00 00 I 'a 0rrr k I r f sD'-D^ FENCED COMPOUND f `� I r f GEOTE)M ElFA13RI 500X Iflfl ! sf I 1 E I PROPOSED 7' CH11N-UNIS FE71GE Wf i` W &1RBE9 WK1E ti S � W � 4 PROPOSED o - 19S,O` MONOPOLE �1 �tiL------------- � 1 kANpSCJPE allFrER (TYP•) I 1 I 140'-0' LEASE MFA ------------ LANDSCAPING PLAN \�i i irw�lwlw�i i�wsvwl>ti 7�Iw i�i III �� Ili 11� ill �• 25-foot-wide utility/access easement extending from (NH 003) MPB REAL ESTATE, LLC Board of Commissioners - March 6, 2023 ITEM: 12- 9 - 9 IMPACT STUDYPLANTATIONROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 11 of 41 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. - ~ AT - ___ �� �ANT- ____ � °�-r- IDN RpAp - uroE - -- arxisn pvaPCRn• `----___ - - - - - - ---- YSANG I EA R 4 EA I ♦ I Y i � I { I I l PARKER KENNE77l R SR ELOISE T PARCEL,y� DS Ipr R028o0-OO4-012-OOI n� ZONING.' R-15 RESDENTW DISTRICT w I ACREAGE.' 4.28.t � V ' r I — — — — — — — — — PROPOSED` 195' MONOPOLE / 1 ----__-- 2120' _ LJ PROPOSED 50'w50' FENCE -IN COMPOUND WITHIN A 100'x100' LEASE AREA. I I I � 7 it - I I j sl 1 I� 1 1 /1 ♦1 PROPOSED 12ACCESS ROM � IN A PROPOSED 25' WIDE $ ACCESS do UTILITY EASEMENT. (NH 003) MPB REAL ESTATE, LLC Board of Commissioners - March 6, 2023 ITEM: 12- 9 - 10 IMPACT STUDYPLANTATIONROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 12 of 41 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. (NH 003) MPB REAL ESTATE, LLC Board of Commissioners - March 6, 2023 ITEM: 12- 9 - 11 IMPACT STUDYPLANTATIONROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 13 of 41 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. (1) The use will not materially endanger the public health or safety if located where proposed and approved. (2) The use meets all required conditions and specifications of the Zoning Ordinance,- (3) The use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. (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 Comprehensive Land Use Plan for New Hanover County. Item I — 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. (NH 003) MPB REAL ESTATE, LLC Board of Commissioners - March 6, 2023 ITEM: 12- 9 - 12 IMPACT STUDYPLANTATIONROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 14 of 41 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. (NH 003) MPB REAL ESTATE, LLC Board of Commissioners - March 6, 2023 ITEM: 12- 9 - 13 IMPACT STUDYPLANTATIONROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 15 of 41 lao m o l 0 3 BEGIN TIP PROJECT —Ll— 5TA_ 205+86.94 INC+pMPLffTz PLAM i Z1916 NCDOT AERIAL PHOTOGRAPBY NO TE. FOIE Cw"l of lawns is drFine4 ms a w-iwoia. r4 a iaLililx orovidid Only via r p..d idhangs. All rro.r�r..rr o ggrwd.�.ao.ol.d. Ha wi—l. drlr.—r eann.eLlnnr ar• FllFwid. DfiSI{'itii DATA F„ncllanal Clvssih—lih n — FAEEWA1e dlGIOFIAL 1111 0—ipn iv.+d 70 MPH Mavimi.m I ktralt.alion — &.06 I EXISTING kIGKT DF WAY r141F0SF0 ■IGNT OF war P&OtO&EB EASE`FNll hMAI Hi,06. t B+aSTk4{TibH. ir11L IM 51 EAISTIMG 11:01AM 'A.Y EX101013 k4F0why TO U II(MOVE0 EXISTING 1o.611WAY T4 4E 11E511E4AGFP ROADWAY FY OTHERS SU NOr■ CONSTRUE I ION' rlofaseo l9AOWAY ELISTINc SSXUMULei ISLAF.o CURa I.Na rUMIL Iti ai REfklnf8 L X a ON4 CCU rtl n oticYUL d.F ° � C.RbOFlo FIO7Q$E0 STR4CTURES, LSLANa, CVFF x ' ANO r ITER_ LAILES. Al YEA, 1TREmS AND PONDi EXISTING UTILITY 1ASE►SEHT Fkil"59C CON'L.. 5f A{{ESS 4.Ilk EKISTI+d6 GOHTA4L OF hlrlu LE AYLLA61 DAILY 11AFFI[ M PULTY LINES .l V,w FEpapT.iP TRAFFIC SIGNAL Summary PIN F .wp 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. 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. (NH 003) MPB REAL ESTATE, LLC Board of Commissioners - March 6, 2023 ITEM: 12- 9 - 14 IMPACT STUDYPLANTATIONROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 16 of 41 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 During our research, we observed several towers in New Towers 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. (NH 003) MPB REAL ESTATE, LLC Board of Commissioners - March 6, 2023 ITEM: 12- 9 - 15 IMPACT STUDY PLANTATION ROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 17 of 41 New Hanover County Tower Summary 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 1 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 1 1997 16819 Gordon Road 1 177 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. (NH-003) MPB REAL ESTATE, LLC Board of Commissioners - March 6, 2023 ITEM: 12- 9 - 16 W Pit PT IMPACT STUDY PLANTATION ROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 19 of 41 Cypress Village Sales Summary 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 1 5/26/221 $ 268,000 1 1,345 1 $ 199.26 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 (vx 003) MPB REAL ESTATE, LLC Board of Commissioners -March 6, 2023 ITEM: 12- 9 - 18 IMPACT STUDYPLANTATIONROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 20 of 41 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. (NH 003) MPB REAL ESTATE, LLC Board of Commissioners - March 6, 2023 ITEM: 12- 9 - 19 IMPACT STUDYPLANTATIONROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 21 of 41 Castle Pines at Hickswood Townhomes 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 17828 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 1$106,0001 $98.89 4/13/2017 7923-1098 196658 7855 WOODPARK DR 1,264 3 2 $83.86 5/14/2015 7700-2575 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. (NH 003) MPB REAL ESTATE, LLC Board of Commissioners - March 6, 2023 ITEM: 12- 9 - 20 IMPACT STUDY PLANTATION ROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 22 of 41 Victoria Bay 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 1 $ 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 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 (NH-003) MPB REAL ESTATE, LLC Board of Commissioners - March 6, 2023 ITEM: 12- 9 - 21 IMPACT STUDYPLANTATIONROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 23 of 41 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. 6159379 7154747 0.32 104 SOMERLED WAY 5 508,500 5/11/2018 2018 3,479 5146.16 6159445 77360391 0.36 30950MERLED WAY 5 525,000 7/15/2020 2016 3,893 5134.86 6159380 7145189 0.37 108 SOMERLED WAY $ 471,000 4/27/2018 2017 3,859 $122.05 6159446 6781278 0.38 313 SOMERLED WAY $ 557,000 9/28/2016 2016 4,339 $128.37 615938' 7146402 0.4 112 SOMERLED WAY $ 438,500 4/30/2018 2017 3,248 $135.01 6159447 7120362 0.32 3175031750MERLED WAY $ 114,500 3/19/2018 2017 4,291 $124.56 6159382 7172333 0.4 113 SOMERLED WAY $ 559,000 6/8/2018 2015 3,921 $142.57 6159448 7225798 0.25 �32150MERLED WAY $ 490,000 8/29/2018 201 73S s8 $129.36 6159383 7219178 0.24 117 SOMERLED WAV $ 520,000 8/20/2018 2015 3,243 $160.35 6159449 7244446 0_25 325 SOMERLED WAY $ 472,500 10/1/2018 2018 4,225 $111.83 6159394 7244560 0.24 121 SOMERLED WAV $ 114,000 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 615938S 79420230 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 6719319 0.26 12950MERLED WAY $ 103,500 7/12/2016 2015 3,921 $128.41 6159452 7219017 0.27 33750MERLED WAY $ 455,000 8/17/2018 2018 3,248 $140.09 6159387 6546130 0.27 20150MERLED WAY $ 486,000 10/12/2015 2015 3,942 $123.29 6159453 7147488 0.32 34150MERLED WAY $ 483,000 5/1/2018 2017 3,892 $124.10 6159388 6699852 0.25 205 SOMERLED WAY $ 453,000 6/16/2016 2016 3,245 $139.60 6159454 7144410 0.33 345 SOMERLED WAY $ 491,500 4/26/2018 2017 3,248 $151.32 6159389 6822104 0.25 209 SOMERLED WAY 1 $ 491,000 11/18/2016 2015 3,900 $125.90 6159455 76840116 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 BARCLAV 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 3T1631 868 $123.5. 615-:9 68.0725 1 0.342 � BARCLAV DR $ 521,500 2/22/2017 2016 3,173 $166.56 6159392 6950 743 0.242 317 BARCLAV DR $ 668,500 6/12/2017 07 $102.74 6159460 6940 081 0.317 113 BARCLAV DR $ 518p00 5/26/2017 2017 4,291 $120.72 6159393 6851790 0.27 321 BARCLAV DR $ 502,500 12/29/2016 97 $128.95 61SN61 7047 708 0.358 117 BARCLAV DR $ 417,500 11/3/2017 2017 3,1601 $132.11, 6159394 6645 149 0.35 325 BARCLAV DR $ 495,500 4/1/2016 92 $127.31 6159462 6920 777 0.305 121 BARCLAV DR $ 571,000 4/27/2017 2017 4,775 $119.58 6159396 6670 745 0.23 333 BARCLAV DR $ 491,500 S/9/2016 2016 3,892 $126.28 6159463 7429 307 0.25 125 BARCLAV DR $ 588,000 7/31/2019 2018 3,892 $151.08 6159397 6712081 0.23 337 BARCLAV DR $ 391,500 6/30/2016 2016 3,180 $123.11 6159463 7224607 0.25 125 BARCLAV DR $ 572,000 8/28/2018 2018 3,892 $146.97 6159391 6123 029 0.28 341 BARCLAY DR $ 458,500 11/18/2016 2016 3,186 $143.91 6159464 7122 746 0.271 129 BARCLAV DR $ 526,500 3/22/2018 2017 5,874 $ 89.63 6159399 7086853 0.29 2905 MERRYVALE WAY $ 545,000 1/12/2018 2016 4,222 $129.09 6159466 7488 0001 0.274 137 BARCLAV DR $ 570,000 10/11/2019 2017 4,560 $125.00 6159400 6846365 0.29 2909 MERRYVALE WAV $ 538,000 12/21/2016 2016 4,434 $121.34 6159467 6921598 0.274 I141 BARCLAV DR $ 452,000 4/28/2017 2017 3,426 $131.93 6159401 6659509 0.31 2913 MERRYVALE WAY $ 459,000 4/25/2016 2016 3,245 $141.45 6159468 7397 0704 0.25 145 BARCLAV 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 BARCLAV DR $ 458,000 10/11/2017 2017 3,167 $144.62 6159403 6782657 0.39 2920 MERRYVALE WAY $ 553,500 9/29/2016 2016 4,339 $127.56 6159470 7223321 0.25 153 BARCLAV 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 7244507 0.25 157 BARCLAV DR $ 545,500 10/1/2018 2018 4,310 $126.57 6159405 6640381 0.28 2912 MERRYVALE WAY $ 452,000 3/28/2016 2015 3,884 $116.37 6159472 7243553 0.25 161 BARCLAV DR $ 469,500 9/28/2018 2018 3,666 $128.07 6159406 6590757 0.29 2908 MERRYVALE WAY $ 452,500 12/28/2015 2015 3,909 $115.76 6159473 7237 611 0.25 165 BARCLAV DR $ 468,000 9/20/2018 2018 3,889 $120.34 6159407 6591307 0.29 2904 MERRYVALE WAY $ 448,000 12/28/2015 2015 3,892 $115.11 6159474 7177 736 0.25 169 BARCLAV DR $ 511,500 6/18/2018 20181 3,822 1 $133.83 6159408 6591474 0.33 2900 MERRYVALE WAY $ 451,000 12/29/2015 2015 3,868 $116.60 6159475 7117408 0.25 173 BARCLAV OR $ 490,000 9/20/2018 2018 3,892 $123.33 6159409 6690738 0.29 2808 MERRYVALE WAY $ 419,000 6/3/2016 2016 3,245 $129.12 6359476 7778110 0.25 177 BARCLAV DR $ 530,000 8/19/2020 2018 3,559 $148.92 6159410 6643595 0.32 2804 MERRWALE WAV $ 513,000 3/31/2016 2015 3,756 $136.58 6159476 7235595 0.25 177 BARCLAV DR $ 489,000 9/18/2018 2018 3,559 $137.40 6159411 7150630 0.25 120 SOMERLED WAV $ 456,000 5/4/2018 2017 3,559 $128.13 6159477 7775473 0.298 181 BARCLAV DR $ 585,000 8/17/2020 2018 3,788 $154.44 6159412 6688409 0.24 124 SOMERLED WAY $ 432,000 6/1/2016 2015 3,106 1 $139.09 6159477 7227402 0.298 181 BARCLAV DR $ 529,500 8/31/2018 2018 3,788 $139.78 6159413 7273 540 0.29 128 SOMERLED WAV $ 505,000 LL/26/2018 2015 3,892 $129.75 6159478 7243 069 0.287 185 BARCLAV DR $ 430,000 9/28/2018 2018 3,248 $132.39 6159414 6959391 0.28 2. SOMERLED WAY $ 459,000 6/26/2017 2017 3,701 $124.02 6159479 7202403 0.287 189 BARCLAV DR $ 534,000 7/24/2018 2018 3,274 $163.10 6159415 6608661 0.25 204 SOMERLED WAY $ 419,000 2/1/2016 2015 3,868 $108.32 6159480 7437 393 1.287 193 BARCLAV DR $ 549,000 8/12/2019 2017 3,592 $152.84 6159416 6731757 0.25 20850MERLED WAY $ 467,500 7/28/2016 2016 3,890 $120.18 6159480 7110539 0.287 193 BARCLAV DR $ 520,000 2/28/2018 2017 3,592 $144.77 6159417 6757188 0.25 21250MERLED WAY $ 456,500 9/30/2016 2016 3,881 $117.62 6159481 7077103 0.297 197 BARCLAV DR $ 621,500 12/22/2017 2017 6,158 $100.93 6159419 7045 313 0.3 22050MERLED WAY $ 460,000 10/31/2017 2016 3,173 $144.97 61SN82 7917 0532 0.295 201 BARCLAV DR $ 530,0.0 12/11/2020 2017 3,260 $162.58 6159420 6868158 0.27 328 BAR CLAV DR $ 529,501 1/31/2017 2016 4,340 1122.00 6159483 7040873 0.29 205 BARCLAV DR $ 462,000 10/25/2017 2017 3,900 $118.46 6159421 6971136 0.25 332 BARCLAV DR $ 466,000 7/12/2017 2017 3,833 $121.51 6119411 7079 604 1.267 209 BARCLAV DR $ 521,000 12/29/2017 2017 3,806 $136.89 6159422 7204509 0.25 336 BARCLAV DR $ 530,000 7/27/2018 2016 4,339 $122.15 6159485 7042 866 0.283 213 BARCLAV DR $ 430,500 30/27/2017 2017 3,173 $135.68 6159423 6725 875 0.42 340 BARCLAV DR $ 533,000 7/21/2016 2016 3,892 $136.95 6159486 7003 282 0.371 200 BARCLAV DR $ 558,500 8/28/2017 2017 4,531 1 $123.26 6159424 7242439 0.33 30150MERLED WAY $ 500,000 9/27/2018 2016 4,310 $116.01 6159487 6959 514 0.324 188 BARCLAV DR $ 488,500 6/26/2017 2017 3,911 $124.:0 6159425 6842058 0.32 305SOMERLED WAY $ 433,500 12/16/2016 2016 3,173 $136.62 6159488 6985188 0.333 180 BARCLAV DR $ 552,000 7/31/2017 2017 4,541 $121.56 6159433 7224 094 _ 0.3 301 BARCLAV DR $ 455,500 8/27/2018 2018 3,479 $130.93 6159489 7091878 0.254 172 BARCLAV DR $ 495,500 1/24/2018 2017 3,274 $151.34 6159434 6825 757 0.27 305 BARCLAV DR $ 644,500 11/22/2016 2016 5,830 $11055 6159490 7205 416 0.25 168 BARCLAV DR $ 503,500 7/30/2018 2018 4,330 $116.82 6159435 6825 096 0.28 309 BARCLAV DR $ 632,000 11/22/2016 2016 5,954 $106.15 6159491 7066746 0.25 164 BARCLAV DR $ 482,000 12/7/2017 2017 4,211 $114.46 6159436 6744188 0.33 313 BARCLAV DR $ 534,500 8/15/2016 2016 3,868 $138.19 6159492 7073 062 0.25 160 BARCLAV DR $ 477,500 12/18/2017 2017 3,912 $122.01 6159437 7147247 0.28 308 SOMERLED WAY $ 464,500 4/30/2018 2016 3,879 $119.75 6159493 7546349 0.25 156 BARCLAV DR $ 521,000 12/20/2019 2017 3,248 $160.41 6159438 6660854 0.25 31650MERLED WAY $ 465,500 4/26/2016 2016 3,890 $119.67 6159493 7140614 0.25 156 BARCLAV DR $ 514,500 4/20/2018 2017 3,248 $158.41 6159439 6693 863 0.24 32050MERLED WAY $ 448,000 6/8/2016 2016 3,868 $115.82 6159494 6982 514 0.25 152 BARCLAV DR $ 506,000 7/27/2017 2017 4,566 $110.82 6159440 7232454 0.24 324SOMERLED WAV $ 533,000 9/10/2018 2016 3,756 $141.91 6159495 7139 083 0.25 148 BARCLAV DR $ 470,000 4/18/2018 2017 3,883 $121.04 6159441 6693 353 0.24 32850MERLED WAY $ 495,000 6/8/2016 2016 3,408 $145.25 6159496 7067 a01 0.25 144 BARCLAV DR $ 500,000 12/7/2017 2017 4,311 $115.98 6159442 6653 116 0.24 332 SOMERLED WAY $ 452,500 4/14/2016 4221�1890 $116.32 6159497 6885 172 0.307 140 BARCLAV DR $ 473,000 2/28/2017 2016 3,918 $120.72 6159443 6712158 0.29 340 SOMERLED WAV $ 456,501 7/1/2016 245 $140.68 6159498 708 300.304 132 BARCLAV DR $ 429,500 12/27/2017 2017 3,164 $135.75 6159444 78330099 0.27 348SOMERLED WAV $ 595,000 10/2/2020 196 $186.17 6159499 6867 900 0.25 124 BARCLAV DR $ 439,500 1/30/2017 2016 3,866 t $113.68 (NH 003) MPB REAL ESTATE, LLC Board of Commissioners - March 6, 2023 ITEM: 12- 9 - 22 IMPACT STUDYPLANTATIONROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 24 of 41 Inverness Summary 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 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 (NH 003) MPB REAL ESTATE, LLC Board of Commissioners - March 6, 2023 ITEM: 12- 9 - 23 IMPACT STUDYPLANTATIONROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 25 of 41 subdivision with the properties closest to the tower highlighted in yellow. % of Book & Assessed Assessed Parcel Number Page Acreage Address Sale Amount Size SFD (SF) Price/SF Sale Date Value 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 6775389 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 6781324 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 16785056 0.46 11415 VICKERY DR $ 438,0001 3,789 $ 115.60 9/30/20161 $ 380,200 115% 2016 7075304 6786509 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 6807378 0.53 1412 VICKERY DR $ 508,815 3,865 $ 131.65 10/28/2016 $ 406,700 125% 2016 7075303 6807603 0.466 1401 VICKERY DR $ 435,000 3,571 $ 121.81 10/31/2016 $ 362,400 120% 2016 7075298 6835577 0.514 1201 VICKERY DR $ 480,705 3,956 $ 121.51 12/7/2016 $ 388,200 1249/o 2016 7075314 6843242 0.498 1304 VICKERY DR $ 464,900 3,850 $ 120.75 12/16/2016 $ 375,900 124% 2016 7075307 6843367 0.466 1423 VICKERY DR $ 470,000 3,672 $ 128.00 12/19/2016 $ 362,500 130% 2016 7075326 6844281 0.463 2023 DON OVA N DR $ 450,500 2,922 $ 154.18 12/19/2016 $ 324,100 139% 2016 7075330 6847478 0.529 2028 DON OVA N 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 6848807 0.473 2024DON OVA N DR $ 492,000 4,832 $ 101.82 12/27/2016 $ 420,500 117% 2016 7075332 6851725 0.461 2018 DON OVA N DR $ 454,348 3,594 $ 126.42 12/29/2016 $ 358,800 127% 2016 7075312 6851804 0.542 1402 VICKERY DR $ 417,000 3,037 $ 137.31 12/29/2016 $ 338,500 123% 2016 7075325 6859111 0.463 2019 DON OVA N DR $ 462,500 3,037 $ 152.29 1/13/2017 $ 338,900 136% 2016 7075317 6862313 0.496 1110 VICKERY DR $ 448,836 3,644 $ 123.17 1/19/2017 $ 376,500 119% 2016 7075313 6880472 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 6883380 0.513 1406 VICKERY DR $ 499,900 4,240 $ 117.90 2/27/2017 $ 406,500 123% 2016 7075338 6886457 0.537 3021 CHALET LN $ 506,000 3,803 $ 133.05 3/2/2017 $ 369,800 137% 2016 7075337 6891603 0.531 3015 CHALET LN $ 442,890 3,036 $ 145.88 3/10/2017 $ 323,500 137% 2016 7075333 6892523 0.473 2012 DON OVA N DR $ 494,990 3,777 $ 131.05 3/13/2017 $ 382,500 129% 2016 7075345 6894492 0.534 3000 CHALET LN $ 432,000 3,109 $ 138.95 3/16/2017 $ 336,300 128% 2016 7075306 6896071 0.462 1419 VICKERY DR $ 455,800 3,488 $ 130.68 3/20/2017 $ 366,600 1249/o 2016 7075334 16903497 0.567 12002DONOVANDR $ 469,9001 3,430 $ 137.00 3/30/20171 $ 359,100 131% 2016 7075336 6928229 0.521 3003 CHALET LN $ 558,582 4,258 $ 131.18 5/9/2017 $ 403,700 138% 2017 7075343 6934030 0.544 3012 CHALET LN $ 502,000 3,646 $ 137.69 5/18/2017 $ 366,500 137% 2017 7075348 6943103 0.473 1016 KARA CT $ 498,677 3,609 $ 138.18 5/31/2017 $ 366,200 136% 2017 7075344 6948415 0.56 3008 CHALET LN $ 512,900 4,059 $ 126.36 6/8/2017 $ 408,800 125% 2016 7075322 6954471 0.516 2005 DON OVA N 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 6957267 0.482 3030 CHALET LN $ 465,335 3,462 $ 134.41 6/21/2017 $ 353,700 132% 2017 7075349 6961836 0.492 1010 KARA CT $ 493,500 4,102 $ 120.31 6/28/2017 $ 395,100 125% 2017 7075297 6961627 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 6964408 0.476 1002 KARA CT $ 440,000 3,528 $ 124.72 6/30/2017 $ 353,200 125% 2016 7075316 6965130 0.568 1210 VICKERY DR $ 449,900 3,528 $ 127.52 6/30/2017 $ 353,400 127% 2016 7075346 6978225 0.567 1005 KARA CT $ 528,250 3,913 $ 135.00 7/21/2017 $ 390,200 135% 2017 7075329 7020463 0.541 2032 DONOVAN DR $ 457,400 3,000 $ 152.47 9/22/2017 $ 341,200 1349/o 2017 7075323 7029563 0.505 2009 DONOVAN DR $ 469,500 3,074 $ 152.73 10/6/2017 $ 342,000 137% 2017 7075328 7043656 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 17064691 1 0.512 12015DONOVANDR 1 $ 471,0851 3,609 1 $ 130.53 1 12/4/2017 1 $ 353,900 1 133% 2017 7075342 17072416 1 0.525 13018 CHALET LN 1 $ 495,0001 3,777 1 $ 131.06 112/15/20171 $ 382,300 129% 1 2017 7075327 17133380 1 0.467 12025 DON OVA NDR 1 $ 509,0001 3,735 1 $ 136.28 1 4/9/2018 1 $ 362,500 140% 1 2016 (NH o03) MPB REAL ESTATE, LLC Board of Commissioners - March 6, 2023 ITEM: 12- 9 - 24 IMPACT STUDYPLANTATIONROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 26 of 41 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. (NH 003) MPB REAL ESTATE, LLC Board of Commissioners - March 6, 2023 ITEM: 12- 9 - 25 IMPACT STUDY PLANTATION ROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 27 of 41 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. Parcel Number Book & Page Acreage Address Sale Amount Size SFD (SF) Price/SF Sale Date Assessed Value %of Assessed Value Year Built 7135197 6730543 0.16 5810 PARKSTON E DR $247,000 3,288 $75.12 7/26/2016 $246,000 1001/0 2006 7135211 7011590 0.15 5807 PARKSTON E DR $260,000 2,844 $91.42 9/8/2017 $224,100 116% 2006 7135214 6918096 0.14 5801 PARKSTON E DR $245,000 2,744 $89.29 4/24/2017 $217,400 113% 2006 7135218 6991886 0.16 5717 PARKSTON E DR $271,000 2,732 $99.19 8/10/2017 $218,500 124% 2006 7135221 6636021 0.17 5707 PARKSTON E DR $250,000 2,744 $91.11 3/21/2016 $220,300 113% 2006 7135228 6728324 0.17 5706 PARKSTON E DR $242,000 2,652 $91.25 7/25/2016 $212,300 114510 2006 7135238 6756020 0.18 3107 ROYAL TROON LN $260,000 2,744 $94.75 8/29/2016 $217,500 1201/o 2006 7135243 7228074 0.14 3005 ROYAL TROON LN $235,000 1,956 $120.14 8/31/2018 $179,400 131% 2006 7135190 7192422 0.14 5704 FALKIRK LN $274,000 2,856 $95.94 7/10/2018 $223,600 123% 2006 7135193 7228475 0.15 5800 PARKSTON E DR $287,500 3,026 $95.01 8/31/2018 $233,600 123% 2006 7135196 7154843 0.16 5808 PARKSTON E DR $256,000 2,744 $93.29 5/11/2018 $219,900 116% 2006 7135198 6903572 0.16 5812 PARKSTON E DR $262,000 2,744 $95.48 3/30/2017 $217,500 1201/o 2006 7135213 7199856 0.14 5803 PARKSTON E DR $277,000 2,732 $101.39 7/20/2018 $218,700 127510 2006 7135215 6985085 0.14 5723 PARKSTON E DR $245,000 3,268 $74.97 7/31/2017 $244,300 1001/0 2006 7135232 6890100 0.17 5714 PARKSTON E DR $238,000 1,794 $132.66 3/8/2017 $176,700 135% 2006 7135239 6820854 0.18 3105 ROYAL TROON DR $260,000 2,732 $95.17 11/16/2016 $225,700 115% 2006 7135279 7257886 0.14 5911 PARKSTON E DR $211,000 2,654 $79.50 10/25/2018 $213,200 99% 2007 7135284 7231065 0.16 5901 PARKSTON E DR $278,000 2,983 $93.19 9/6/2018 $231,100 1200/ 2007 7135201 7002308 0.18 5818 PARKSTON E DR $260,000 2,837 $91.65 8/25/2017 $224,700 116% 2007 7135256 6773258 0.14 5708 FALKIRK LN $232,500 2,104 $110.50 9/19/2016 $192,700 121% 2007 7135273 7232509 0.15 5910 PARKSTON E DR $273,000 3,075 $88.78 9/10/2018 $235,100 116510 2007 7135283 1 6943153 1 0.16 15903 PARKSTONE DR 1 $255,000 1 2,654 1 $96.08 1 5/31/20171 $212,500 1 1201/0 1 2007 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 (vx 003) MPB REAL ESTATE, LLC Board of Commissioners -March 6, 2023 ITEM: 12- 9 - 26 IMPACT STUDYPLANTATIONROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 28 of 41 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. (NH 003) MPB REAL ESTATE, LLC Board of Commissioners - March 6, 2023 ITEM: 12- 9 - 27 IMPACT STUDYPLANTATIONROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 29 of 41 • 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. (1) The use will not materially endanger the public health or safety if located where proposed and approved. (2) The use meets all required conditions and specifications of the Zoning Ordinance; (3) The use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. (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 Comprehensive Land Use Plan for New Hanover County. 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. (NH 003) MPB REAL ESTATE, LLC Board of Commissioners - March 6, 2023 ITEM: 12- 9 - 28 IMPACT STUDYPLANTATIONROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 30 of 41 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. %-g Lt Michael P. Berkowitz (NH 003) MPB REAL ESTATE, LLC Board of Commissioners - March 6, 2023 ITEM: 12- 9 - 29 IMPACT STUDYPLANTATIONROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 31 of 41 /i11701A01�7�1 (NH 003) MPB REAL ESTATE, LLC Board of Commissioners - March 6, 2023 ITEM: 12- 9 - 30 IMPACT STUDYPLANTATIONROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 32 of 41 Certification (NH 003) MPB REAL ESTATE, LLC Board of Commissioners - March 6, 2023 ITEM: 12- 9 - 31 IMPACT STUDYPLANTATIONROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 33 of 41 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. 1 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. P. 7tE 41dx k der ��FRAL APP4P���c. Michael P. Berkowitz (NC State Certified General Real Estate Appraiser #A6169) (SC State Certified General Real Estate Appraiser 4CG6277) October 18, 2022 Date (Rev: 06/18/12) (NH 003) MPB REAL ESTATE, LLC Board of Commissioners - March 6, 2023 ITEM: 12- 9 - 32 IMPACT STUDYPLANTATIONROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 34 of 41 ASSUMPTIONS AND LIMITING CONDITIONS (NH 003) MPB REAL ESTATE, LLC Board of Commissioners - March 6, 2023 ITEM: 12- 9 - 33 IMPACT STUDYPLANTATIONROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 35 of 41 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. Further, client will forever indemnify and hold MPB REAL ESTATE, LLC, its officers, and employees harmless from any claims by third parties related in any way to the appraisal or study which is the subject of the report. Third parties shall include limited partners of client if client is a partnership and stockholders of client if client is a corporation, and all lenders, tenants, past owners, successors, assigns, transferees, and spouses of client. MPB REAL ESTATE, LLC will not be responsible for any costs incurred to discover or correct any deficiencies of any type present in the property, physically, financially, and/or legally. Copies, Distribution, Use of Report Possession of this report or any copy of this report does not carry with it the right of publication, nor may it be used for other than its intended use; the physical report remains the property of MPB REAL ESTATE, LLC for the use of the client, the fee being for the analytical services only. The bylaws and regulations of the Appraisal Institute require each member and candidate to control the use and distribution of each report signed by such member or candidate; except, however, the client may distribute copies of this report in its entirety to such third parties as he may select; however, selected portions of this report shall not be given to third parties without the prior written consent of the signatories of this report. Neither all nor any part of this report shall be disseminated to the general public by the use of advertising media, public relations, news, sales or other media for public communication without the prior written consent of MPB REAL ESTATE, LLC. Confidentiality This report is to be used only in its entirety and no part is to be used without the whole report. All conclusions and opinions concerning the analysis as set forth in the report were prepared by MPB REAL ESTATE, LLC whose signatures appear on the report. No change of any item in the report shall be made by anyone other than MPB REAL ESTATE, LLC. MPB REAL ESTATE, LLC shall have no responsibility if any such unauthorized change is made. MPB REAL ESTATE, LLC may not divulge the material contents of the report, analytical findings or conclusions, or give a copy of the report to anyone other than the client or his designee as specified in writing except as may be required by the Appraisal Institute as they may request in confidence for ethics enforcement, or by a court of law or body with the power of subpoena. Trade Secrets This report was obtained from MPB REAL ESTATE, LLC and consists of "trade secrets and commercial or financial information" which is privileged and confidential and exempted from disclosure under 5 U.S.C. 552 (b) (4) of the Uniform Commercial Code. MPB REAL ESTATE, LLC shall be notified of any request to reproduce this report in whole or in part. (NH 003) MPB REAL ESTATE, LLC Board of Commissioners - March 6, 2023 ITEM: 12- 9 - 34 IMPACT STUDYPLANTATIONROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 36 of 41 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 (NH 003) MPB REAL ESTATE, LLC Board of Commissioners - March 6, 2023 ITEM: 12- 9 - 35 IMPACT STUDYPLANTATIONROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 37 of 41 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. (NH 003) MPB REAL ESTATE, LLC Board of Commissioners - March 6, 2023 ITEM: 12- 9 - 36 IMPACT STUDYPLANTATIONROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 38 of 41 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 MP13 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 MP13 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 MP13 REAL ESTATE, LLC become aware of such during their inspection. MP13 REAL ESTATE, LLC had no knowledge of the existence of such materials on or in the property unless otherwise stated. MP13 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, MP13 REAL ESTATE, LLC does not warrant the soil or subsoil conditions for toxic or hazardous waste materials. Where any suspected materials might (NH 003) MPB REAL ESTATE, LLC Board of Commissioners - March 6, 2023 ITEM: 12- 9 - 37 IMPACT STUDYPLANTATIONROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 39 of 41 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." (NH 003) MPB REAL ESTATE, LLC Board of Commissioners - March 6, 2023 ITEM: 12- 9 - 38 IMPACT STUDYPLANTATIONROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 40 of 41 Qualifications of the Analyst (NH 003) MPB REAL ESTATE, LLC Board of Commissioners - March 6, 2023 ITEM: 12- 9 - 39 IMPACT STUDYPLANTATIONROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 41 of 41 QUALIFICATIONS OF THE ANALYST Michael A 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 (NH 003) MPB REAL ESTATE, LLC Board of Commissioners - March 6, 2023 ITEM: 12- 9 - 40 IMPACT STUDYPLANTATIONROAD, MURRAYVILLE, NEW HANOVER COUNTY, NC Page 42 of 41 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 (NH 003) MPB REAL ESTATE, LLC Board of Commissioners - March 6, 2023 ITEM: 12- 9 - 41 Concept Plan Board of Commissioners - March 6, 2023 ITEM: 12- 10 - 1 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: lel►►JI21001WWI121 ii APPLICANT: (911 ADDRESS TBD) PLANTATION ROAD WILMINGTON, NC 28409 340 18' 11.6634" N 770 49' 27.0943" W 42.0' AMSL NEW HANOVER COUNTY R-15 RESIDENTIAL DISTRICT 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) T DUKE ENERGY PROGRESS CONTACT: TBD PHONE: TBD WORK ORDER # TBD PROJECT TEAM 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 SKYWAYTOWERS SKYWAY SITE ID: NC=08899 SKYWAY SITE NAME: MURRAYVILLE PLANTATION ROAD WILMINGTON, NC 28409 NEW HANOVER COUNTY VICINITY MAP 5dnury Rd Cape Fear Community ollege North Campus'. 19 Poplar Grove Plantation 140 17 T SITE ad L,on q - - 14Q Northchase Low ", me__ Improvement Olsen Park 0 Kirkland Dollar Tree( = 0 o ._ Murrayville -o= Porters Neck w D 11, 0 149 i N Bayshore 1 ~ Smith Eagle Point Golf Club Wilmington 140' Creek Park KOA Holiday;. IcQ GOrdOn Rd r i is=? Wilmington Pages Creek Christian Academy, Ogden Park Preserve Ogden Parr, Lord 6YCOn Rd DIRECTIONS FROM WILMINGTON, NC: GET ON 1-40 W (SIGNS FOR 1-140/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. 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. • 2018 NORTH CAROLINA BUILDING CODE • 2017 NATIONAL ELECTRICAL CODE • 2015 NFPA 101, LIFE SAFETY CODE • 2018 NC FIRE PREVENTION CODE • AMERICAN CONCRETE INSTITUTE • ANSI/TIA-222-G • TIA 607 • INSTITUTE FOR ELECTRICAL & ELECTRONICS ENGINEER 81 • IEEE C2 NATIONAL ELECTRIC SAFETY CODE LATEST ED. • TELECORDIA GR-1275 • AMERICAN INSTITUTE OF STEEL CONSTRUCTION • ANSI/T 311 • MANUAL OF STEEL CONSTRUCTION 13TH EDITION Know what's below. call before you dig. DRAWING INDEX T-1 TITLE SHEET EE-1 SURVEY DOCUMENT EE-2 SURVEY DOCUMENT Z-1 OVERALL SITE PLAN Z-2 SITE PLAN Z-3 AERIAL PLAN C-1 COMPOUND PLAN C-2 TOWER ELEVATION L-1 LANDSCAPING PLAN S-1 FENCE & SITE SIGNAGE DETAILS S-2 ACCESS DRIVE GATE DETAILS S-3 CONSTRUCTION DETAILS & NOTES E-1 OVERALL ELECTRICAL PLAN E-2 COMPOUND ELECTRICAL PLAN E-3 ELECTRICAL DETAILS G-1 GROUNDING PLAN & NOTES G-2 GROUNDING DETAILS ES-1 GRADING, EROSION & SEDIMENT CONTROL PLAN ES-2 COMPOUND GRADING PROFILE ES-3 ACCESS DRIVE GRADING PROFILE ES-4 EROSION & SEDIMENT CONTROL NOTES ES-5 EROSION & SEDIMENT CONTROL DETAILS ES-6 EROSION & SEDIMENT CONTROL DETAILS DO NOT SCALE DRAWINGS 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. 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. w z CD w z O CL O w z w 0 ICE U w z U) w w Q z O w w CE w w w z_ C� z w w w w w w m z w w co SKYWAYTOWERS 3637 MACADALA LANE TAMPA, FL 33618 (813) 960-6200 TM TOTALLY COMMMM77EDo TKK ENGINEERING P.C. LICENCE NO. C-4682 6095 MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD 21075 (410) 712-7092 SKYWAY SITE ID: NC-08899 SKYWAY SITE NAME: MURRAYVILLE PLANTATION ROAD WILMINGTON, NC 28409 NEW HANOVER COUNTY REVISIONS 2 11/08/22 REVISED CDs OP 1 10/17/22 REVISED CDs OP 0 09/30/22 CONSTRUCTION DRAWINGS OP REV DATE DESCRIPTION BY "\�\ , C Al R 6 ❑ EAL BRADLEY R. NEWMAN, P.E. NC PROFESSIONAL ENGINEER LIC. #38681 TITLE SHEET T=1 Board of Commissioners - March 6, 2023 ITEM: 12- 11 - 1 NCDOT DISK(F) P.O.B. c C NCDOT DISK(F) DIRT P4TH 9 S 89 °0 / '58 " E .395.80 '(TIE) PLA/VTA l/01/ OR/I / � V h 9 � L I I �tiI RECORDED FLAT CALLS THIS OUT AS A '30' EASEMENT" .STATI/.S' I/AIKAInWAI — TITI F RFPnRT nnF:' NOT AnnRFS'S' P.O.B. LEASED PREMISES I II I I P.O.B. INGRESS/ I 1I EGRESS —UTILITY I EASEMENT I � I JI I � PROPOSED 25' INGRESS/I I \ EGRESS 8c UTILITY EASEMENT I � � I � I I I / I LINE TABLE L7 CQ N/F KENNETH R. PARKER, SR. do EL OISE T. PARKER INST. J2006019670 PARCEL ID11 R02800-004-012-001 CURVE TABLE LINE BEARING DISTANCE L I S 840411,09 " E 25.25' L2 S 02 °4 1 '09 " E 1 68.64 ' L `3 S 87018 '5 / " W 69.50 ' L 4 N 02 '4 1 '09 " W 25.00 ' L5 N 87018'51" E 69.50' L 6 N 02'41 '09 " W 172.16 L 7 N 87018'5 1" E 1 00.00' L 8 S 02 °4 7 '09 " E 1 00.00 ' L 9 S 87018 '51 " W 100. 00 ' L I 0 N 02 041 '09 " W 100.00 ' 1 PROPOSED MONOPOLE TOWER LATITUDE: N 34° 18' 11.6634" LONGITUDE: W 77°49'27.0943" — GROUND ELEVATION: 42.0(NAVD 88) _ 42 I 2� CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE TANGENT C l 87. 50' I J7. 44' 12J. 74' S 42018'5 7 " W 90000'00" 87. 50' C2 62, 50 ' 98, 17' 88, J-9 ' N 42 ` 7 857 " E 90 `00 '00 " 62, 50 ' GRAPHIC SCALE ­'50' so' ion' 1=0 LL w CD w z Q Q z 0 0 z Li co 0 w CD LLJ 0 Q v Q z 0 U5 W LL z 0 w D C7 w w w TK TOO TA L LY COO [M] W 7 71C Do NB+C ENGINEERING SERVICES, I.I.C. 4435 WATERFRONT DRIVE, SUITE 100 GLEN ALLEN, VA 23060 804.548.4079 SKYWAYTONVE]RAS PREPARED FOR SKYWAY TOWERS #3637 MADACA LANE TAMPA, FL 33618 N B&C # 100700 EASEMENT EXHIBIT SITE NAME: MURRAYVILLE SKYWAY SITE ID: NC-08899 PLANTATION ROAD WILMINGTON, NC 28441 REVISIONS 0 3/3/22 1 PRELIM EXHIBIT RW REV DATE DESCRIPTION BY sewa y Consultants, P.C. Qau Land Surveyors VA&NC P.0 BOX 15039 CHESAPEAKE, VA, 23328 PHONE: 757-482-0474 OCAUSEWAY CONSULTANTS, P.G. 2022 PRELIMINARY EASEMENT EXHIBIT EE-1 ITEM: 12- 11 - 2 LEGAL COCK PT OR PROPOSED 100' x 100' LEASED PRE DES Ex H B T NOTES A PROPOSED 100' x 100" LEASED PREMISES ON LOT 18 AS MORE FULLY DESCRIBED IN INSTRUMENT NUMBER 2006019670, OF RECORD IN THE REGISTER OF DEEDS FOR NEW HANOVER COUNTY NORTH CAROLINA,° BEING MORE PARTICULARLY DESCRIBED AS FOLLDWS; BEGINNING AT A NCDO T DISK FOUND AT THD NORTHWESTERLY CORNER OF SAID L O T 18,° SAID POINT BEING N 02 °4 7 '09 " W A DISTANCE OF 422.08 ' FROM ANOTHER NCDO T DISK FOUND; THENCE ALONG A TIE LINE S J8 °55'J5 " E A DISTANCE OF 275. 71 ' TO A POINT BEING THE TRUE POINT AND PLACE OF BEGINNING; THENCE N 879 18 '5 1" E A DISTANCE OF THENCE S 02 041 '09 " E A DISTANCE OF THENCE S 8701 8'5 1" W A DISTANCE OF THENCE N 02 04 1 '09 " W A DIS TA NCE OF WHICH IS THE TRUE POINT AND PLACE SQUARE FEET OR 0. 2JO ACRES. LEGAL DESCRIPTION PROPOSED 25' 1 00.00' TO A POINT: 100. 00 ' TO A POINT; 100. 00 TO A POINT; 100. 00' TO A POINT,- OF BEGINNING, HAVING AN AREA OF 10,000 NGRESS/EGRESS AND UTILITY EASEMENT A PROPOSED 25 ' INGRESS/EGRESS AND UTILITY EASEMENT OVER AND ACROSS LOT IS AS MORE FULLY DESCRIBED IN INSTRUMENT NUMBER 20060 1 9670, OF RECORD IN THE REGISTER OF DEEDS FOR NEW HANOVER COUNTY NORTH CAROLINA,. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT A NCD 0 T DISK FOUND AT THE NORTHWESTERLY MOST CORNER OF SAID LOT 8,° SAID POINT BEING N 02 °4 1 '09 " W A DISTANCE OF 422.08 ' FROM ANOTHER NCDO T DISK FOUND; THENCE ALONG A TIE LINE S 89 °0 I 58 " E A DISTANCE OF 595. 80 ' TO A POINT BEING THE TRUE POINT AND PLACE OF BEGINNING BEGINNING AT AN IRON PIN AT NORTHWESTERLY MOST CORNER OF SAID T M. 71- 7-10; SAID POINT LYING ALONG THE EASTERLY RIGHT OF WAY OF BUDD ROAD- THENCE ALONG SAID BUDD ROAD, A TIE LINE S 0 I "J7'06 " W A DISTANCE OF 104. 00 ' TO A POINT BEING THE TRUE POINT AND PLACE OF BEGINNING; THENCE S 84 °4 1 '09 " E A DISTANCE OF 25.25' TO A POINT; THENCE S 02041 '09 " E A DISTANCE OF 168. 64 ' TO A POINT; THENCE WITH A CURVE TURNING TO THE RIGHT WITH AN ARC L ENG TH OF I J7° 44 ; A RADIUS OF 8 7. 50 ; A CHORD HEARING OF S 42018 '51 " W, AND A CHORD L ENG TH OF 12J. 74 ; TO A POINT THENCE S 87018'51 " W A DISTANCE OF 69.50' TO A POINT; THENCE N 0204 1 '09 " W A DISTANCE OF 25.00 ' TO A POINT THENCE N 8701851 " E A DISTANCE OF 69.50 ' TO A POINT; THENCE WITH A C UR I/E TURNING TO THE LEFT WITH AN ARC L ENG TH OF 98. 17 ; A RADIUS OF 62. 50 ; A CHORD HEARING OF N 420 1851 " E, AND A CHORD L ENG TH OF 88.39 ; TO A POINT THENCE N 02041 '09 " W A DISTANCE OF / 72. / 6' TO A POINT BEING THE TRUE POINT AND PLACE OF BEGINNING, HAVING AN AREA OF 8, 94J SQUARE FEET O°205 ACRES. 1. TOPOGRAPHIC SURVEY PERFORVED BY CAUSEWAY CONSULTANTS, P.C. P. 0. BOX 15039. CHESAPEAKE, V R&NIA, 23328-50394. PHONE: 757-482-0474. SURVEY DATE: FEBRUARY 18, 2022. 2. COORDINATES AND ELEVATIONS SHOWN WERE ESTABLISHED USING STATIC GPS OBSERVATIONS, POST PROCESSED THROUGH NOAA'S OPUS WEBS TE AND CONVERTED TO NAVD 88 AND NAD 83, U . S SURVEY FOOT, FOR THE VERTICAL DATUM AND HORIZONTAL COORD ANTES, RESPECTIVELY, USING U.S. ARMY CORPS OF ENGINEERS CORPSCON SOFTWARE, VERSION 6.01 AND PUBLISHED BENCHMARKS. 3. NO SUB -SURFACE INVESTIGATION WAS PERFORMED BY CAUSEWAY CCNBCANTS, P.C. THIS EXHIBIT DOES NOT GUARANTEE THE "EXISTENCE OR NONEX STENCE" OF UNDERGROUND UTILITIES. PRIOR TO ANY CONSTRUCTION OR EXCAVATION, CONTACT MISS UTILITY AT 1-800-552-7001 TO CONFIRM THE LOCATION OR EXISTENCE OF UNDERGROUND UTILITIES. 4. THIS EXHIBIT WAS DONE WITH THE BENEFIT OF A TITLE REPORT BY OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, COMMITMENT #01-22003480, DATED 12/21 /2021. 5. PROPERTY S SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF RECORD. 6. THIS EXHIBIT DOES NOT REPRESENT A BOUNDARY SURVEY. THE RIGHT-OF-WAY, PROPERTY LINE AND/OR EASEMENTS SHOWN HEREON REPRESENT A COMPILATION OF RECORDED DEEDS, PLATS, G.I.S. RECORDS AND TAX MAPS. 7. THE AREA OF THE PROPOSED CELL TOWER APPEARS TO LIE WITHIN FLOOD ZONE 1)X9), ACCORDING TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY - NATIONAL FLOOD INSURANCE COMMUNITY NUMBER 372032-5000 J, DATED APRIL 3, 2006. 8. THE EXISTENCE OF HAZARDOUS WASTE, VEGETATED WETLANDS, OR TIDAL WETLANDS, WAS NETHER INVESTIGATED, NOR CONFIRMED DURING THE PERFORMANCE OF THIS EXHIBIT. SCHEDULE B- 11 AS SHOWN IlV THE AFOREMENTIONED TITLE REPORT,° ITEM 9: SUBJECT TO COVENANTS, RESTRICTIONS, RESERVATIONS, EASEMENT, AND RIGHTS OF WAY AND BUILDING SETBACKS, IF ANY, AS SHOWN ON THE CORRECTED MAP GREENV EW RANCHES SECTION 11 OF RANCHES NEW HANOVER DEVELOPMENT CO. HARNETT PLANTATION, AS RECORDED IN PLAT BOOK 8, PAGE 88, RECORDED DATE 05/17/1967 IN NEW HANOVER COUNTY RECORDS. (DOES NOT AFFECT THE PROPOSED LEASE AREA) STATUS UNKNOWN ON THE "30' EASEMENT" ACROSS PLANTATION ROAD ON THE NORTHERLY SIDE OF LOT 18. REQUIRES LEGAL ADVISEMENT. TEM 10: DEED FOR HIGHWAY RIGHT OF WAY IN FAVOR OF STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, RECORDED 02/09/2016 IN BOOK 5947, PAGE 2128, OF NEW HANOVER COUNTY RECORDS. (DOES DOES NOT AFFECT PROPOSED LEASE AREA OR ACCESS EASEMENT) ALL OTHER ITEMS DO NOT APPEAR TO BE A SURVEY MATTER. w W z w z Q Q 0 F_ 0 z w 0 ry 0 0 III z w 0 _ Q Q 0 w 0 0 w w w w W m z w w 7H rqr 4 YC�'�QLLV LC GMMO77BDo NB+C ENGINEERING SERVICES, LLC. 4435 WATERFRONT DRIVE; SUITE 100 GLEN ALLEN. VA 23060 804.548.4079 SKYWAYTOWERS PREPARED FOR SKYWAY TOWERS #3637 MADACA LANE TAMPA, FL 33618 NB&C #100700 EASEMENT EXHIBIT SITE NAME: MURRAYVILLE SKYWAY SITE ID: NC-08899 PLANTATION ROAD WILMINGTON, INC 28441 REVISIONS 3 3/3/22 PRELIM EXHIBIT RW REV DATE DESCRIPTION BY Bauseway Consultants, P.C. Land Surveyors VA&NC P.0 BOX 15039 CHESAPEAKE, VA. 23328 PHONE: 757-482-0474 ©CAUSEWAY CONSULTANTS, P.C. 2022 PRELIMINARY EASEMENT EXHIBIT EE-2 ITEM: 12- 11 - 3 DRAPALA EDWARD C PARCEL ID: R02800-001-005-000 ZONING: R-15 RESIDENTIAL DISTRICT ACREAGE.- 7.04E Lv OE - - OE — OE OE — OE \ \ I I \ \ TDR-HL LLC PARCEL /D: R02800- 004 - OJ I - 000 ZONING: R-15 RESIDENTIAL DISTRICT ACREAGE- 37.56E I I \ \ I \ I \ I \ I \ I \ I \ I \ I \ I � \ I o Z \ I 3 Ci \ 2 \ I \ I LA HANH THI BICH ETAL PARCEL /D: R02800-001-006-000 ZONING: R-15 RESIDENTIAL DISTRICT ACREAGE- 7.04E OE _ �i OEM OE OE_ ------------- OE I I I I EXISTING OVERHEAD UTILITY LINES (TYP.) OE —_--_---_ OE OE — OE- - LANTATION---------------- ROAD _ EXISTING PROPERTY L11VE / ............ .:— 60' EASEMENT EXISTING PONDING AREA 1 I IPARKER KENNETH R SR EL DISE T PARCEL /D.• R02800-004-012-001 N • ZONING.• R-15 RESIDENTIAL DISTRICT ACREAGE.• 4.28E PROPOSED _ 195' MONOPINE C) x �I \i 213.0' f \ I I O EXISTING WETLANDS �/ 11 i i 212.0 \ _ Z \ x � PROPOSED 50'x50' FENCE -IN COMPOUND WITHIN A 100'x100' LEASE AREA. N is I O bo I MEADOWS EUGENE B HEIRS PARCEL ID: R02800- 001- 007- 000 ZONING: R-15 RESIDENTIAL DISTRICT ACREAGE.- 6.86E OE —*— OE — OE ----_-_ 60_EAMENT—OE—OE- SE _ - EXISTING DIRT ROAD --_---_-__(ryP) I I I I I I\ I I � I II I II I I I II I / PARKER KENNETH R SR EL 0/SE T / PARCEL ID: R02800-004-011-001 / I z ZONING: R-15 RESIDENTIAL DISTRICT / I ACREAGE.• 4.59E O PROPOSED 12' ACCESS ROAD IN A PROPOSED 25' WIDE ACCESS & UTILITY EASEMENT. I I I EXISTING TREE LINE (TYP.) — — ............ — EXISTING PROPERTY LINE I LEWIS SYL VIA W ETAL LEWIS SYL VIA W ETAL PARCEL /D: R02800-004-012-000 PARCEL ID: R02800-004-011-000 ZONING: R-15 RESIDENTIAL DISTRICT I ZONING.- R-15 RESIDENT/AL DISTRICT ACREAGE.- 5. 12f I ACREAGE.• 5.55E I EXISTING WOODED AREA I I I 1 OVERALL SITE PLAN SCALE: 1" = 50' (22X34) Z-1 SCALE: 1" = 100' (11X17) GRAPHIC SCALE 50 0 25 50 100 1 INCH = 50 FEET (22X34) 1 INCH = 100 FEET (11X17) 200 Pl. ANTA ZONING MAP 1,1 wt NHC .04 ZONING INFORMATION JURISDICTION: NEW HANOVER COUNTY ZONING: R-15 _ RESIDENTIAL DISTRICT (SETBACK INFORMATION BELOW IS BASED ON LIDO SECTION 4.3.3(C)(1)(a)(1), SETBACKS FOR COMMUNICATION AND INFORMATION FACILITIES IN RESIDENTIAL DISTRICTS) DIMENSION REQUIRED ± PROPOSED ± (PER LIDO SECTION 4.3.3(C)(1)(a)(1), MINIMUM SETBACK IN R-15 SHALL BE DISTANCE EQUAL TO HEIGHT OF THE WIRELESS FACILITY) FRONT YARD SETBACK: 199.0'± 270.0'± SIDE YARD SETBACK: 199.0'± 212.0'± & 213.0'± REAR YARD SETBACK: 199.0'± 250.8'± NEAREST RESIDENTIAL STRUCTURE: - 870.0'± (SEE NOTE 5 BELOW) LOT AREA: 4.28 ± ACRES (ALL MEASUREMENTS ARE IN FEET ± UNLESS OTHERWISE NOTED) NOTES: 1) ALL SETBACKS SHOWN ARE FROM EXISTING TOWER CENTER TO EXISTING PROPERTY LINES. LEGEND PROPERTY LINE - SUBJECT PARCEL PROPERTY LINE - ABUTTERS EXISTING ROAD — — — — — — — — — — — — — — — — EXISTING EASEMENT EXISTING TREE LINE EXISTING WETLANDS — — — — — — — — — — — — — — — — PROPOSED EASEMENT PROPOSED LEASE AREA x x x x PROPOSED CHAIN -LINK FENCE GENERAL NOTES 1. THIS PLAN IS SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF RECORD. 2. NO SIGNIFICANT NOISE, SMOKE, DUST, OR ODOR WILL RESULT FROM THIS FACILITY. 3. THE FACILITY IS UNMANNED AND NOT INTENDED FOR HUMAN HABITATION. THERE IS NO HANDICAP ACCESS REQUIRED. 4. THE FACILITY IS UNMANNED AND DOES NOT REQUIRE POTABLE WATER OR SANITARY SERVICE. 5. THE CLOSEST RESIDENTIAL BUILDING IS LOCATED 870.0f WEST AWAY FROM PROPOSED TOWER CENTER (PID R02800-004-010-000). 6. THIS IS NOT A BOUNDARY SURVEY AND IS NOT TO BE USED TO CONVEY PROPERTY. BOUNDARY INFORMATION OBTAINED FROM RECORDED DEED OR PLAT. 7. REFER TO SURVEY DOCUMENT ON SHEETS EE-1 & EE-2 FOR ALL LEASED AREA, ACCESS & UTILITY EASEMENT AND PROPERTY BOUNDARY INFORMATION. 8. ACCORDING TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY MAPS, THE PROPOSED TELECOMMUNICATIONS SITE IS LOCATED IN ZONE "X", ACCORDING TO THE FEDERAL MANAGEMENT AGENCY - COMMUNITY PANEL NO. 372032-5000J, DATED 04-03-2006. LLJ LLJ z z LLJ 0 Q 0 LLJ U) 0 LLJ z U) Lu Q J z 0 C LL 0 CL w Lu z z LLJ LLJ Lu LLJ Cn LLJ m 75 z LLJ LLJ C) SKYWAYTOWERS 3637 MACADALA LANE TAMPA, FL 33618 (813) 960-6200 TM *j imp — TOTALLY COMMITTED TKK ENGINEERING P.C. LICENCE NO. C-4682 6095 MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD 21075 (410)712-7092 SKYWAY SITE ID: NC-08899 SKYWAY SITE NAME: MURRAYVILLE PLANTATION ROAD WILMINGTON, NC 28409 NEW HANOVER COUNTY REVISIONS 2 1 11 /08/22 1 1 10/17/22 REVISED CDs I OP REVISED CDs I OP 0 09/30/22 CONSTRUCTION DRAWINGS OP REV DATE DESCRIPTION BY c A R 1- E A L 88$ r'_ p -` 3• rr� );�� � �r!lI1111 BRADLEY R. NEWMAN, P.E. NC PROFESSIONAL ENGINEER LIC. #38681 OVERALL SITE PLAN Z=l Board of Commissioners - March 6, 2023 ITEM: 12- 11 - 4 I � I — °E EXISTING TREELINE °E OE (TYP.) I — ► I OE ► °E EXISTING OVERHEAD — — — — °E UTILITY LINES OE Z — — OE — OE (TYP.) — OE W — OE ---_ —OE—OE � I __---_------ OE —OE —OE I OE OE ---___—__— OE —OE Know what's below. Call before you dig. EXISTING UTILITY POLE (TYP.) OE — — OE — s ---------- \\� ----__ OE —OE —OE PLANTATION -- DOE —OE ROq - - D EXISTING EX/ST//VG P—TY — L/NE TELCO PEDESTAL — — <;PQ (3) 15 PINE 60' EASEMENT ------_ (1) 12" PINE (1) 8" PINE (TO HE REMOVED) I P =R KENNETH R SR ELOISE T L /D.• 1?02800-004-012-001 R-15 RESIDENTIAL DISTRICT ACREAGE.• 4.28E EXISTING WETLANDS PROPOSED 195' MONOPINE PROPOSED 50'X50' ENCED COMPOUND. (2,500 SQ.FT.) PROPOSED 100'x100' COMPOUND LEASE AREA (10,000 SQ.FT.) PROPOSED 16' WIDE J 1 DRIVEWAY ACCESS GATE I I I i 1 I I I i 1 PROPOSED 25' WIDE ACCESS & UTILITY EASEMENT ------__-- 60' EASEMENT Ld Ljj �z - IA o �— EXISTING SOIL ROAD — - - (TYP.) I� i\ PARKER KENNETH R SR ELOISE T \ PARCEL /D: R02800-004-011-001 \ ZONING: R- 15 RESIDENTIAL DISTRICT \ ACREAGE- 4.59E I J \ I' i / , O 24" PINE (TO HE REMOVED) 15 " PINE (TO REMAIN) 12 " PINE (TO REMAIN) 1 SITE PLAN �SCALE: 1" = 30' (22X34) -2SCALE: 1" = 60' (11X17) 1 18 " PINE k (TO REMAIN) PROPOSED 12' GRAVEL ACCESS DRIVE W/ TURNAROUND 15" PINE (APPROX. 390' LONG) (TO REMAIN) I I i EXISTING WETLANDS I I WETLANDS TABULATION CHART SQUARE FEET ACRES TOTAL WETLANDS 147,815 3.39 ON SITE WETLANDS TO BE DISTURBED 5,422 0.124 PERMANENTLY WETLANDS TO BE DISTURBED 11,903 0.273 TEMPORARILY LEGEND PROPERTY LINE - SUBJECT PARCEL PROPERTY LINE - ABUTTERS EXISTING ROAD - - - - - - - - - - - - - EXISTING EASEMENT EXISTING TREE LINE EXISTING WETLANDS TEMPORARILY DISTURBED WETLANDS \ PERMANENTLY DISTURBED WETLANDS - - - - - - - - - - - - - PROPOSED EASEMENT PROPOSED LEASE AREA x x x PROPOSED CHAIN -LINK FENCE GRAPHIC SCALE 30 0 15 30 60 1 INCH = 30 FEET (22X34) 1 INCH = 60 FEET (11X17) 120 Lij W 0 w O W z U) W 0 a_ Q Cn z O W LL- W n Ir W z z W W LU W n- W m z W W Cn SKYWAYTOWERS 3637 MACADALA LANE TAMPA, FL 33618 (813) 960-6200 J � TM TOTALLY COMMITTED TKK ENGINEERING P.C. 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W W W . W W W W W W W W W W W . W W W/, _ _/I DISTRICT WWVWWWWWVWWW.WWWVWWWWWYW.WWWYWW W -15 EN PROPOSED Wil ACCESS UTILITY EASEMEN I I I fW WWWWWWWWWWWWWW WWWWWWWWWWWWW Wi W W W W W W W W WW W W W W W W W W W W O W W W W W W W W W W W VW CONSTRUCTIONDRAWINGS W W W W W W • •• W W W W Y W W W W W Y Y W * * W W Y W WW.WWWWWWW.WWWWWWWWWYWVW.WWWWVWW PROPOSED INE " PINE WWWWWWWWWW ■ ,/_I /I t_p PROPERTY LINE - SUBJECT PARCEL P• ABUTTERS \ •r EXISTING �•A• W W V W W Y W W . VWW Y Y W EASEMENT • :' , PINL IN) EXISTING TREE LINE , I WETLANDS TEMPORARILY • • WETLANDS POSEDPRO CHAIN-LNKCOMPOUND ■.D 500 NC PROFESSIONAL ENGINEER •..m•• W -INE DISTURBEDPERMANENTLY WETLANDS , RE MAIN) . W WVW W W OWN PROPOSED EASEMENT W W W W W W Y W . W W W W PROPOSED WV.YWVWWV. AERIAL .. PLAN W W W W Y W W W VY W W W W PROPOSEDCHAIN-LINK �•• LEASE AREA ■■ • ® _- �- Y W W W W W W W W W W W W W W W W 1 \ W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W N. \ W W W W W W W W ! W W W W W W W W W W W W W W W W W W W • - • - • 1 1 1 .1 1 .1 - - , , i o , z w / ~ I / / 25'-0" FROM LEASE AREA 25'-0" FROM LEASE AREA (NP) 50'-0" FENCED COMPOUND / (NP ) / 25'-0" CENTER OF TOWER 25'-0" CENTER OF TOWER XX �X X X X X X X X X X X— � I x. I I I N I I 0 z x M I FUTURE 15'X20' o I EQUIPMENT AREA � m x o � m \ � x ` I o 0 z x \ I 0 \ I 0 \ 0 \\ 0-- \ o C: ` o x N Ln \ o x - \ 0 z I FUTURE 15'X20' \ x I EQUIPMENT AREA \ o I I/ FUTURE 15'X15' / EQUIPMENT AREA / I I PROPOSED 4—GANG METER BANK W/ CIRCUIT BREAKERS & TELCO HOFFMAN BOX "s ° O O o J I ON A 6' H—FRAME O O II -; O \ O '- O ° PROPOSED ° o ° 195.0' MONOPINE Ct Ct PROPOSED 15'X20' \ T—MOBILE \ EQUIPMENT AREA \ PROPOSED uT—MOBILE EQUIPMENT INSIDE PROPOSED TELCO PULLBOX OUTSIDE OF FENCED COMPOUND. PROPOSED POWER TRANSFORMER OUTSIDE OF FENCED COMPOUND. \ o 15 x20 LEASE AREA. \ `\ (BY OTHERS) \ X X X X X X X X X X X X \ \ _ _ PROPOSED MIRAFI 500X PROPOSED 7' HIGH CHAIN —LINK GEOTEXTILE FABRIC. FENCE W/ 1' BARBED WIRE 10'-0" r,!.M Know what's below. Call before you dig. 1 COMPOUND PLAN SCALE: 1" = 5' (22X34) C-1 SCALE: 1" = 10' (11X17) \1 1 I / / / GRAPHIC SCALE 5 0 2.5 5 10 1 INCH = 5 FEET (22X34) 1 INCH = 10 FEET (11X17) 12'-0" 20 I I I I — — — — — — — — — — — — — — — — - 77 I z w w o� N F- I D U) a_ N ow aw (N I N w I z ----- ------------ I I I I I I I I I I Q U Q M LU w z z w O Q Oo z w Cn O w Cn w 0 M w z z w w w w U) rr w m z W w C) SKYWAYTOWERS 3637 MACADALA LANE TAMPA, FL 33618 (813) 960-6200 TM Elm 01� TOTALLY COMMITTED TKK ENGINEERING P.C. LICENCE NO. C-4682 6095 MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD 21075 (410)712-7092 SKYWAY SITE ID: NC-08899 SKYWAY SITE NAME: MURRAYVILLE PLANTATION ROAD WILMINGTON, NC 28409 NEW HANOVER COUNTY REVISIONS 2 11/08/22 REVISED CDs OP 1 10/17/22 REVISED CDs OP 0 09/30/22 CONSTRUCTION DRAWINGS OP REV I DATE I DESCRIPTION I BY ,\o `i c A R /,,�� o ri 1- E A L r'_ p 3868 �" tttlti��� BRADLEY R. NEWMAN, P.E. NC PROFESSIONAL ENGINEER LIC. #38681 COMPOUND PLAN CMI Board of Commissioners - March 6, 2023 ITEM: 12- 11 - 7 TOP OF ALL APPURTENANCES ELEV.=199.0' AGL PROPOSED TOP OF MONOPOLE TOWER ELEV.=195.0' AGL PROPOSED T-MOBILE ANTENNA ELEV 193 0' AGL FUTURE CARRIER ANTENNA q ELEV.=180.0' AGL FUTURE CARRIER ANTENNA q ELEV.=170.0' AGL FUTURE CARRIER ANTENNA CL ELEV.=160.0' AGL BOTTOM OF MONOPINE BRANCHES ELEV.=130.0'f AGL PROPOSED 195' MONOPINE TOWER PROPOSED MONOPINE STEEL STRUCTURE TO BE PAINTED. CONTRACTOR TO USE CONTRACTOR TO USE COLOR "SHERWIN WILLIAMS - JAVA BROWN #6090" OR APPROVED EQUAL. PROPOSED T-MOBILE EQUIPMENT ON STEEL PLINTH. (BY OTHERS) PROPOSED CHAIN -LINK FENCED COMPOUND GROUND ELEV. = 0.0' AGL PROPOSED 4' LIGHTING ROD PROPOSED T-MOBILE ANTENNAS (TYP. OF 12 - BY OTHERS) 1 TOWER ELEVATION C-2 SCALE: 1" = 12' (22X34) SCALE: 1" = 24' (11X17) NOTE: • PER FAA "DETERMINATION OF NO HAZARD TO AIR NAVIGATION" LETTER DATED 09/26/2022, TOWER ILLUMINATION IS NOT REQUIRED. • TOWER & FOUNDATION DESIGN PERFORMED INDEPENDENTLY FROM THESE CONSTRUCTION DRAWINGS. GRAPHIC SCALE 12 0 6 12 24 1 INCH = 12 FEET (22X34) 1 INCH = 24 FEET (11X17) 48 GENERAL NOTES 1. THE CONTRACTOR SHALL COMPLY WITH ALL APPLICABLE CODES ORDINANCES, LAWS AND REGULATIONS OF ALL MUNICIPALITIES, UTILITIES COMPANY OR OTHER PUBLIC AUTHORITIES. 2. THE CONTRACTOR SHALL BE RESPONSIBLE FOR OBTAINING ALL PERMITS AND INSPECTIONS THAT MAY BE REQUIRED BY ANY FEDERAL, STATE, COUNTY OR MUNICIPAL AUTHORITIES. 3. THE CONTRACTOR SHALL NOTIFY THE CONSTRUCTION MANAGER, IN WRITING, OF ANY CONFLICTS, ERRORS OR OMISSIONS PRIOR TO THE SUBMISSION OF BIDS OR PERFORMANCE OF WORK. MINOR OMISSIONS OR ERRORS IN THE BID DOCUMENTS SHALL NOT RELIEVE THE CONTRACTOR FROM RESPONSIBILITY FOR THE OVERALL INTENT OF THESE DRAWINGS. 4. THE CONTRACTOR SHALL BE RESPONSIBLE FOR PROTECTING ALL EXISTING SITE IMPROVEMENTS PRIOR TO COMMENCING CONSTRUCTION. THE CONTRACTOR SHALL REPAIR ANY DAMAGE CAUSED AS A RESULT OF CONSTRUCTION OF THIS FACILITY. 5. THE SCOPE OF WORK FOR THIS PROJECT SHALL INCLUDE PROVIDING ALL MATERIALS, EQUIPMENT AND LABOR REQUIRED TO COMPLETE THIS PROJECT. ALL EQUIPMENT SHALL BE INSTALLED IN ACCORDANCE WITH THE MANUFACTURER'S RECOMMENDATIONS. 6. THE CONTRACTOR SHALL VISIT THE PROJECT SITE PRIOR TO SUBMITTING A BID TO VERIFY THAT THE PROJECT CAN BE CONSTRUCTED IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. 7. CONTRACTOR SHALL VERIFY ANTENNA ELEVATION AND AZIMUTH WITH RF ENGINEERING PRIOR TO INSTALLATION. 8. TRANSMITTER EQUIPMENT AND ANTENNAS ARE DESIGNED TO MEET ANSI/EIA/TIA 222-G REQUIREMENTS. 9. ALL STRUCTURAL ELEMENTS SHALL BE HOT DIPPED GALVANIZED STEEL. 10. CONTRACTOR SHALL MAKE A UTILITY "ONE CALL" TO LOCATE ALL UTILITIES PRIOR TO EXCAVATING. 11. IF ANY UNDERGROUND UTILITIES OR STRUCTURES EXIST BENEATH THE PROJECT AREA, CONTRACTOR MUST LOCATE IT AND CONTACT THE APPLICANT & THE OWNER'S REPRESENTATIVE. 12. OCCUPANCY IS LIMITED TO PERIODIC MAINTENANCE AND INSPECTION BY TECHNICIANS APPROXIMATELY 2 TIMES PER MONTH. 13. PRIOR TO THE INSTALLATION OF THE PROPOSED EQUIPMENT OR MODIFICATION OF THE EXISTING STRUCTURE, A STRUCTURAL ANALYSIS SHALL BE PERFORMED BY THE OWNER'S AGENT TO CERTIFY THAT THE EXISTING/PROPOSED COMMUNICATION STRUCTURE AND COMPONENTS ARE STRUCTURALLY ADEQUATE TO SUPPORT ALL EXISTING AND PROPOSED ANTENNAS, COAXIAL CABLES AND OTHER APPURTENANCES. 14. PROPERTY LINE INFORMATION WAS PREPARED USING DEEDS, TAX MAPS, AND PLANS OF RECORD AND SHOULD NOT BE CONSTRUED AS AN ACCURATE BOUNDARY SURVEY. 15. THIS PLAN IS SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF RECORD. 16. NO SIGNIFICANT NOISE, SMOKE, DUST, OR ODOR WILL RESULT FROM THIS FACILITY. 17. THE FACILITY IS UNMANNED AND NOT INTENDED FOR HUMAN HABITATION (NO HANDICAP ACCESS REQUIRED). 18. THE FACILITY IS UNMANNED AND DOES NOT REQUIRE POTABLE WATER OR SANITARY SERVICE. 19. POWER TO THE FACILITY WILL BE MONITORED BY A SEPARATE METER. Know what's below. Call before you dig. z U Q M W W z_ CD W z 0 Q 75 CL W W rr 0 U W rr z 0 W 0 I Q z 0 U) W LL Cr I W W W U) rr- W m z W W SKYWAYTOWERS 3637 MACADALA LANE TAMPA, FL 33618 (813) 960-6200 TIC 707A L LY C OO M M 77 CE D. TKK ENGINEERING P.C. LICENCE NO. C-4682 6095 MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD 21075 (410) 712-7092 SKYWAY SITE ID: NC-08899 SKYWAY SITE NAME: MURRAYVILLE PLANTATION ROAD WILMINGTON, NC 28409 NEW HANOVER COUNTY REVISIONS 2 1 11 /08/22 1 1 10/17/22 REVISED CDs I OP REVISED CDs I OP 0 1 09/30/22 1 CONSTRUCTION DRAWINGS I OP REV I DATE I DESCRIPTION I BY C Al R 'Cb EAL `p 3868 �G I �E rf� Y R �111 w\\ BRADLEY R. NEWMAN, P.E. NC PROFESSIONAL ENGINEER LIC. #38681 TOWER ELEVATION C=2 Board of Commissioners - March 6, 2023 ITEM: 12- 11 - 8 / / / / / / / / / o z \ PROPOSED RIVER BIRCH ® 10'f O.C. MAX. \ SEE PLANTING SCHEDULE FOR DETAILS. \ (TYP. OF 23) / \ \ \ 10'f O.C. / / PROPOSED COMMON WINTERBERRY ® 10'f O.C. MAX. \ \ SEE PLANTING SCHEDULE FOR DETAILS. (TYP.) , , (TYP. OF 32) / i 50'-0" FENCED COMPOUND I / I X X X X X X�—X PROPOSED MIRAFI 50OX / GEOTEXTILE FABRIC. / � x - - - - - - - - - - - - - - - - - - - - - - - PROPOSED 7' HIGH CHAIN -LINK <1X \ \ , z FENCE W/ 1' BARBED WIRE D x C I Q o I w \ I Uj 1 z ° ° 1 \ L` X \ 0 o PROPOSED 0 "ol 195.0' MONOPINE \\ LO x \ \ ------------------------ x 25'-0» 4- LANDSCAPE BUFFER N- \ \ I (TYP.) X X X X X X 10'f O.C. - - - - �^ (TYP.) \ �" I I r 100'-0" LEASE AREA Know what's below. Call before you dig. 1 LANDSCAPING PLAN L-1 SCALE: 1" = 5' (22X34) SCALE: 1" = 10' (11X17) GRAPHIC SCALE 5 0 2.5 5 10 1 INCH = 5 FEET (22X34) 1 INCH = 10 FEET (11X17) 20 LANDSCAPE NOTES: 1. ALL PLANT MATERIALS AND PLANTING PROCEDURES SHALL BE IN ACCORDANCE WITH THE STANDARDS AS SET FORTH BY THE AMERICAN ASSOCIATION OF NURSERYMEN. 2. MULCH SHALL BE FINELY SHREDDED HARDWOOD BARK MULCH. DO NOT COVER THE ROOT CROWN OF TREES OR SHRUBS WITH MULCH. CUT TWINE AWAY FROM THE BASE OF THE TRUNK OR STEM AND PULL BURLAP DOWN AND OFF OF THE BALL TOP. 3. PLANTING BACKFILL MIX SHALL BE ON PART LOOSE PEAT HUMUS, TO ONE PART SAND, TO ONE PART PARENT SOIL BY VOLUME. 4. SOIL SHALL BE AMENDED WITH THE FOLLOWING: 0.25LBS ORGANIC GRANULAR FERTILIZER (5-10-5), 0.75LBS OF BONEMEAL, 1.OLBS OF ROTTED COW MANURE PER CUBIC FOOT OF MIX. 5. THE CONTRACTOR SHALL WARRANTY ALL PLANTS AND MATERIALS FOR TWO YEARS FROM OWNERS ACCEPTANCE. ALL REPLACEMENTS SHALL BE AS ORIGINALLY SPECIFIED. 6. THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE LOCATION PROTECTION AND REPLACEMENT OF ANY UTILITIES DAMAGED ON SITE. FIELD ADJUST PLANT LOCATIONS TO AVOID UTILITIES, SWALES, OVERHEAD WIRES, EXISTING VEGETATION TO REMAIN ETC. 7. LESSEE IS RESPONSIBLE FOR THE COST AND MAINTENANCE OF ALL LANDSCAPING. 8. ALL PLANT MATERIALS MUST BE INSTALLED EQUAL TO OR GREATER THAN THE MINIMUM SIZES SPECIFIED. NO GENUS OR SPECIES SUBSTITUTIONS ALLOWED. CULTIVAR VARIATION ALLOWED WITH THE LANDSCAPE ARCHITECTS APPROVAL. ALL PLANTS WILL BE INSPECTED AND MEASURED FOR HANOVER COUNTY COMPLIANCE, PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY PERMIT. PLANTING SCHEDULE QUANTITY BOTANICAL - COMMON NAME PLANTING MATURE HEIGHT HEIGHT 23 BETULA NIGRA - RIVER BIRCH 6' 40' 32 ILEX VERTICILLATA - COMMON WINTERBERRY 2' 5' DO NOT DAMAGE OR CUT LEADER 2 T-RAIL IRON STAKES, 1.5N1.5NO.2" 8'-2.4" LONG. LOCATED STAKES 7.87" AWAY FROM TREE TRUNK, WITH ONE ON SIDE OF PREVAILING WINDS z U Q SKYWAYTOWERS 3637 MACADALA LANE TAMPA, FL 33618 (813) 960-6200 TIC LLI LLJ z 707A L LY C OO M M 77 CE D. z LLI TKK ENGINEERING P.C. LICENCE NO. C-4682 6095 MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD 21075 (410) 712-7092 i O SKYWAY SITE ID: NC-08899 Q SKYWAY SITE NAME: MURRAYVILLE W PLANTATION ROAD z WILMINGTON, NC 28409 LU NEW HANOVER COUNTY W REVISIONS FASTEN TRUNK TO STAKES WITH TREE RING, OR 0.14" (9 GA.) GALVANIZED WIRE IN 0.5" 0 PLASTIC HOSE 1 0 CROWN OF ROOT BALL SHALL BEAR SAME RELATION TO FINISHED GRADE AS IT DID w � TO PREVIOUS GRADE z MULCH CREATE SAUCER AROUND TREE LLLI 2 11/08/22 REVISED CDs OP 1 10/17/22 REVISED CDs OP FINISHED GRADE 6 (TYP) " CUT AND REMOVE TOP 1 /3 OF BURLAP FROM ROOT BALL 0 09/30/22 CONSTRUCTION DRAWINGS OP B&B ROOT BALL REV DATE DESCRIPTION BY A' \ COMPACTED TOP SOIL MIX to AS SPECIFIED BELOW SPECIFICATIONS: SCARIFY PIT BOTTOM (MINIMUM 6") 1. DO NOT DAMAGE MAIN ROOTS OR DESTROY ROOT BALL WHEN INSTALLING TREE STAKE. 2. WATER THOROUGHLY AFTER INSTALLATION. 3. REMOVE TREE RINGS AND STAKES TWO YEARS AFTER INSTALLATIONS 4. PROVIDED DRAINAGE FOR PLANTING PIT IN IMPERMEABLE SOIL. 5. TOPSOIL MIX, SEE SPEC. TREE PLANTING AND GUYING DETAIL NTS Q z O U) W IL W W w W W U) ry- W m z w W \o C Al R 11�i� EAL p 3868 �G I NE�. /111, \ BRADLEY R. NEWMAN, P.E. NC PROFESSIONAL ENGINEER LIC. #38681 LANDSCAPING PLAN L=1 Board of Commissioners - March 6, 2023 ITEM: 12- 11 - 9 0 I r, FINISH GRADE 3 STRANDS OF 12 GAUGE GALV. 9 GA 2"x2" GLAVANIZED BARBED WIRE WITH 4 POINT BARBS CHAIN —LINK FABRIC INTERMEDIATE POSTS NOTE: FENCE 8c GATE DETAIL FOR REFERENCE PURPOSES ONLY. FOR ACTUAL FENCE 8c GATE DIMENSIONS REFER TO SHEET C-1 METAL MUSHROOM STOP INSTALL�"' e i ^T rn A PYAI 1 rl H FI I' NOTE: MULTI —TENANT SECURITY LOCK: STANDARD GALVANIZED 2" LOCK SYSTEM WELDED TO GATE POSTS 6-2" SLEEVES WITH SLOTTED HASPS. 2 MULTI -LOCK DETAIL S-1 NTS \ 1.5" STANDARD GAUGE PIPE co e�a if MUSHROOM STOP DETAIL NITS w it 00 10" 4 GATE KEEPER DETAIL S-1 NTS MULTI —TENANT LOCK ASSEMBLY GATE & CORNER POSTS TYPICAL SIGNAGE —\ 3/8"—STEEL CROSSBRACING 10'-0" O.C. (MAX.) W/ TURNBUCKLE AT GATES 0 N �/, GALVANIZED MUSHROOM STOP. SEE 2/S-1 FOR DETAILS. lost 12'-0" FRONT GATE l � / I TYPICAL FENCE AND GATE DETAIL NTS SIGNAGE NOTES 1" GAP BETWEEN FABRIC AND GRAVEL z Q U SKYWAYTOWERS Q � ma`s' 3637 MACADALA LAN E TAMPA, FL 33618 (813) 960-6200 3" STANDARD GAUGE CORNER AND END POST (2" STANDARD GAUGE INTERMEDIATE POST) 1.5" STANDARD GAUGE PIPE TENSION BAR LU LU W z 3/8" TURNBUCKLE W/ STEEL 0 TRUSS ROD AT ALL CORNERS z W 7 GAUGE GALVANIZED TENSION WIRE 1 /2" CROWN FOR DRAINAGE EXTEND STONE 1'—O" BEYOND z FENCE ON ALL 4 SIDES Q lr 0 DRILLED PIER 3000 PSI CONCRETE z W 1. SIGNS SHALL BE FABRICATED FROM CORROSION RESISTANT PRESSED METAL AND PAINTED WITH LONG LASTING UV RESISTANT COATINGS. 2. SIGNS UNLESS NOTED OTHERWISE SHALL BE MOUNTED TO THE TOWER, GATE AND FENCE USING A MINIMUM OF 9 GAUGE ALUMINUM WIRE, HOG RINGS (AS UTILIZED IN FENCE INSTALLATIONS) OR BRACKETS WHERE NECESSARY. BRACKETS SHALL BE OF SIMILAR METAL AS THE STRUCTURE TO AVOID GALVANIC CORROSION. 3. CONTRACTOR TO PROVIDE AND INSTALL ALL SIGNAGE. 0 0 YELLOW BACKGROUND w/ BLACK LETTERING WHITE BACKGROUND W/ BLACK BORDER IS K)(WAY TOWE RS NOTICE SKYWAY SITE NAME: MURRAYVILLE SKYWAY SITE #: NC-08899 FCC # : XXXXXXX PLANTATION ROAD WILMINGTON, NC 28409 FOR LEASE INFORMATION CALL: 1-813-960-6211 24 HOUR EMERGENCY SERVICE CALL: 1-813-960-6211 OSKYWAY - SITE ID SIGN 24"HIGHx24" WIDE (OPERATIONS PROVIDED) 0 All personnel should have electromagnetic energy (EMES, awareness training. A All personnel entering this site must be authorized. CONTRACTOR SHALL Al Obey all posted signs. VERIFY FCC NO. PRIOR Aj Assume all antennas are active. TO ORDERING SIGNAGE A Q Before working on antennas, notify owners and disable appropriate CONTRACTOR SHALL transmitters. VERIFY ADDRESS PRIOR 0 Maintain minimun 3 feet clearance from all antennas. TO ORDERING SIGNAGE d Do not stop in front of antennas. Use personal RF monitors while working near antennas. RED LETTERING (ALL OTHER BLACK) Q Never operate transmitters without shields during normal operation. Ai Do Do not operate base station antennas in equipment room. ONOTICE-RFE SIGN 12"HIGHx18" WIDE (OPERATIONS PROVIDED) TYPICAL SIGNS AND SPECIFICATIONS NTS ry- 0 U W z C� U) W n Q z O W LL W Cr W z_ C� z W W W W U) m z W W TIC 11 TOOTQLLY C (0MMD77IED. TKK ENGINEERING P.C. LICENCE NO. C-4682 6095 MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD 21075 (410) 712-7092 SKYWAY SITE ID: NC-08899 SKYWAY SITE NAME: MURRAYVILLE PLANTATION ROAD WILMINGTON, NC 28409 NEW HANOVER COUNTY REVISIONS 2 1 11 /08/22 1 1 10/17/22 REVISED CDs I OP REVISED CDs I OP 0 09/30/22 CONSTRUCTION DRAWINGS OP REV DATE DESCRIPTION BY C A Q o�S8jp /�I.,• Vv W CL L _. 8 � BRADLEY R. NEWMAN, P.E. NC PROFESSIONAL ENGINEER LIC. #38681 FENCE & SITE SIGNAGE DETAILS S-7 Board of Commissioners - March 6, 2023 ITEM: 12- 11 - 10 T1/MIJ�AI Cl/�AIA/�C MULTI —TENANT LOCK ASSEMBLY G) TRUE NORTH Know what's below. Call before you dig. 1 ACCESS DRIVE GATE DETAIL S-2 NTS 1'-6„ 30'—O" t PROPOSED 16' WIDE ACCESS GATE EQUIPPED WITH A MULTI —TENANT SECURITY LOCK. PROPOSED 12' ONE—WAY GRAVEL ROAD (APPROX. = 120' LONG) PROPOSED 25' ACCESS I — — — — — — — — & UTILITY EASEMENT � I I ------------------------------_----------1, EXISTING PROPERTY LINE I 1 I W \I I I� � I 1 � I I I � I GRAPHIC SCALE ACCESS DRIVE ENTRANCE PLAN 10 5 10 20 SCALE: 1" = 10' (22X34) SCALE: 1" = 20' (11X17) 1 INCH = 10 FEET (22X34) 1 INCH = 20 FEET (11X17) 40 NOTES: 1. PANELS TO BE 4'X8' GALVANIZED TUBULAR STEEL 2" OD X 16GAUGE HIGH TENSILE WELDED STEEL. HEAVY DUTY MOUNT HARDWARE TO BE WELDED TO THE SUPPORT POSTS. 2. 4" OD X 8' LONG SCH. 40 STEEL INSTALLED 36" BELOW EXISTING GRADE CONCRETE TO 1" ABOVE EXISTING GRADE AT POST BASE AND TAPER. FILL POST COMPLETELY WITH CONCRETE CAP. 3. CONTRACTOR TO INSTALL NETWORK TOWERS II SIGNAGE TO THE NEWLY INSTALLED ACCESS GATE. SIGNAGE TO BE INSTALLED USING GALVANIZED METAL SCREWS IN 4 PLACES. NO PLASTIC WIRE TIES SHALL BE USED. 4. STYMIE SECURITY LOCK: STANDARD GALVANIZED 2" LOCK SYSTEM WELDED TO GATE CROSS SUPPORTS 4-2" SLEEVES WITH SLOTTED HASPS. z Q 0 0 Q SKYWAYTOWEIJS 3637 MACADALA LANE TAMPA, FL 33618 (813) 960-6200 TPA W W z TOTALLY COO M 10]0TTEOo w z W j TKK ENGINEERING P.C. LICENCE NO. C-4682 6095 MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD 21075 (410)712-7092 0 loop ('2' GATE KEEPER DETAIL �-2NTS NOTE: ESTIMATED TRAFFIC AFTER CONSTRUCTION TO BE (1) VEHICLE PER WEEK AS AN AVERAGE FOR TOWER, COMPOUND AND EQUIPMENT MAINTENANCE. z O Q 75 CL H z_ W U) 0 0 w CL U) W 0 Q W z O w LL CL W C� z W W W W W Ir W m z W W co SKYWAY SITE ID: NC-08899 SKYWAY SITE NAME: MURRAYVILLE PLANTATION ROAD WILMINGTON, NC 28409 NEW HANOVER COUNTY REVISIONS 2 11/08/22 REVISED CDs OP 1 10/17/22 REVISED CDs OP 0 09/30/22 CONSTRUCTION DRAWINGS OP REV I DATE I DESCRIPTION I BY .��'�, ` CAR 0 EAL - 3868 ; �G I NE������ BRADLEY R. NEWMAN, P.E. NC PROFESSIONAL ENGINEER LIC. #38681 ACCESS DRIVE GATE DETAILS S=2 Board of Commissioners - March 6, 2023 ITEM: 12- 11 - 11 STRUCTURAL NOTES 1. DESIGN REQUIREMENTS PER INTERNATIONAL BUILDING CODE 2012 AND THE ANSI/TIA-222-G STRUCTURAL STANDARDS FOR STEEL ANTENNA TOWERS AND ANTENNA SUPPORTING STRUCTURES. CONCRETE RING 2. INFORMATION SHOWN ON THESE DRAWINGS WAS OBTAINED BY FIELD AROUND BOX MEASUREMENT AND FROM THE EXISTING STRUCTURAL DRAWINGS. THE 2gh GENERAL CONTRACTOR SHALL VERIFY ALL EXISTING CONDITIONS AND 10" NOTIFY THE ARCHITECT/ENGINEER OF ANY DISCREPANCIES PRIOR TO ORDERING MATERIALS OR PROCEEDING WITH CONSTRUCTION. o =III=III=III=III o 113. STRUCTURAL STEEL SHALL CONFORM TO THE LATEST EDITION OF THE AISC SPECIFICATIONS FOR STRUCTURAL STEEL BUILDINGS - ALLOWABLE STRESS II I -III DESIGN AND PLASTIC DESIGN INCLUDING THE COMMENTARY AND THE AISC COMPOSOLITE BOX CODE FOR STANDARD PRACTICE. 1 /2"X4" I I II a a AND COVER PULL SLOT = I I a °a m 4. STRUCTURAL STEEL PLATES AND SHAPES SHALL CONFORM TO ASTM A36. ALL STRUCTURAL STEEL PIPES SHALL CONFORM TO ASTM A53 GRADE B. 0.5 CDF SKID =III=III=III=III=III _ ALL STRUCTURAL STEEL COMPONENTS AND FABRICATED ASSEMBLIES SHALL RESISTANT SURFACE IIIIIIIII - III -III -III -III -III- COMPACTED BE HOT DIP GALVANIZED AFTER FABRICATION. COVER 11I -� I -III-IIIIII-III-III-III- I1 I II I II I 1=1 11I I I1 I I EARTH 5. WELDING SHALL BE IN ACCORDANCE WITH THE LATEST EDITION OF -I I---I-I-I AMERICAN WELDING SOCIETY (AWS) STRUCTURAL WELDING CODE - STEEL -1 I II � WELD ELECTRODES SHALL BE E70XX. 26h III -III���IIII��III�I�IIIIIIIII = I III -III 6. ALL COAXIAL CABLE CONNECTORS AND TRANSMITTER EQUIPMENT SHALL BE AS SPECIFIED BY THE OWNER AND IS NOT INCLUDED IN THESE NOTES: CONSTRUCTION DOCUMENTS. THE CONTRACTOR SHALL FURNISH ALL 1. CONCRETE ENCASEMENT TO BE 3,000 P.S.I. MINIMUM. CONNECTION HARDWARE REQUIRED TO SECURE THE CABLES. CONNECTION HARDWARE SHALL BE STAINLESS STEEL. 2. CONCRETE ENCASEMENT RING DIMENSION, D, TO BE EQUAL TO DESIGN PAVEMENT DEPTH. 7. ALL THREADED STRUCTURAL FASTENERS AND THREADED ROD FOR ANTENNA SUPPORT ASSEMBLIES SHALL CONFORM TO ASTM A307 OR ASTM M 3. PAVEMENT AND SUBGRADE TO BE AS SHOWN ON THE A36. ALL STRUCTURAL FASTENERS FOR STRUCTURAL STEEL FRAMING ENGINEERING PLANS. SHALL CONFORM TO ASTM A325. FASTENERS SHALL BE 5/8" MIN. DIAMETER BEARING TYPE CONNECTIONS WITH THREADS INCLUDED IN THE 4. QUAZITE DOES NOT RECOMMEND THE USE OF SHEAR PLANE. ALL EXPOSED FASTENERS, NUTS AND WASHERS SHALL BE CONCRETE OR POLYMER CONCRETE BOXES IN HIGH GALVANIZED UNLESS OTHERWISE NOTED. CONCRETE EXPANSION ANCHORS VOLUME TRAFFIC APPLICATIONS. SHALL BE HILTI KWIK BOLTS UNLESS OTHERWISE NOTED. 8. NORTH ARROW SHOWN ON PLANS REFERS TO TRUE NORTH. CONTRACTOR SHALL VERIFY TRUE NORTH AND INFORM CONSTRUCTION MANAGER OF ANY NOTES: DISCREPANCY BEFORE STARTING CONSTRUCTION. BOX INSERTS (4) ;TOR TO ORDER HANDHOLE •H THE CORRECT NUMBER AND KNOCKOUTS NEEDED. 2. VERIFY DIMENSIONS OF UNIT. 1 HANDHOLE DETAIL �-3NTS V-0" SHOULDER ® 6% BASE COARSE: 6" DEPTH OF COARSE AGGREGATE 2"-3" STONE (AASHTO #5 OR RAILROAD BALLAST) SURFACE COARSE: 6" DEPTH OF FULLY GRADED CRUSHED 1" STONE AND SMALLER MIXED WITH DIRT AND FINES (CRUSHED AGGREGATE BASE COARSE OR CABC). 1'-O" SHOULDER 0 6% (SEE NOTE) SUB -GRADE NOTES: 1. SUBGRADE AND FILL SHALL CONSIST OF CLEAN SOIL. NO DELETERIOUS MATERIALS OR ORGANICS TO BE USED. FREE OF FROZEN PARTICLES, ORGANIC MATTER, CLAYED MATERIAL AND ROCK PARTICLES GREATER THAN 12" IN ANY DIRECTION. 2. REMOVE ALL TOPSOIL AND ORGANICS BEFORE COMMENCING ACCESS ROAD FOR A MIN. DEPTH OF 12". 3. CONTRACTOR TO USE 6" DEEP GRAVEL BASE (2A MODIFIED) AS MEANS OF ACCESS FOR ALL HEAVY CONSTRUCTION TRAFFIC. PROPOSED GRAVEL SURFACE (6" DEEP CRUSHER RUN) TO BE INSTALLED AFTER ALL MAJOR CONSTRUCTION HAS BEEN COMPLETED. 4. THE PROPOSED ROAD MUST BE KEYED INTO THE EXISTING GRADE. THE FINAL FINISHED GRADE SHALL BE FLUSH WITH THE EXISTING GRADE TO ALLOW FOR PROPER DRAINAGE ACROSS THE ROAD. 5. WOVEN GEOTEXTILE: APPROVED PRODUCTS ARE US FABRICS: US 200 AND TENCATE: 160N. CONTRACTOR MAY SUBMIT DESIGN ALTERNATIVE. PROPOSED GRAVEL DRIVEWAY TYPICAL SECTION NTS 6" AASHTO #57 CLEAN STONE a co x FENCE LINE x I----� 1' III III III III III III III II M I RAFI 50OX GEOTEXTILE FABRIC GRAVEL COMPOUND DETAIL NTS CONCRETE GENERAL NOTES 1. ALL CONCRETE WORK SHALL CONFORM TO ACI 318, "BUILDING CODE REQUIREMENTS FOR REINFORCED CONCRETE" AND TO THE PROJECT SPECIFICATIONS. z U_ 2. ALL CONCRETE IS TO BE NORMAL DENSITY CONCRETE WITH A MAXIMUM SLUMP OF 4 INCHES. MAXIMUM AGGREGATE SIZE 3/4 INCH. NO ADDITIONAL WATER SHALL BE ADDED TO THE CONCRETE a_ AT THE JOB SITE. Q 3. PROVIDE AIR ENTRAINMENT OF 4 TO 6 PERCENT IN ALL EXPOSED CONCRETE WORK WITH AIR -ENTRAINING ADMIXTURE COMPLYING WITH ASTM C 260. AT TROWEL -FINISHED FLOORS, DO NOT EXCEED AIR -ENTRAINMENT CONTENT OF 3 PERCENT. 4. NO HOLES OR SLEEVES SHALL BE MADE THROUGH CONCRETE WORK OTHER THAN THOSE INDICATED ON THE STRUCTURAL DRAWINGS WITHOUT THE APPROVAL OF THE STRUCTURAL ENGINEER. SKYWAYTOWERS 3637 MACADALA LANE TAMPA, FL 33618 (813) 960-6200 5. ALL FORMWORK OFFSET TOLERANCES (PER ACI 117) TO BE CLASS A. TIC 6. FLOOR SLAB TOLERANCES TO ASTM E1155; SPECIFIED OVERALL MINIMUM VALUE OF FLATNESS F F=25 WITH LOCAL MINIMUM F F=17, AND MINIMUM VALUE OF LEVELNESS F F=20 WITH LOCAL MINIMUM F I AND F F WITHIN 72 HOURS OF SLAB CONSTRUCTION. w W 7. CABINETS ON SLAB (IF APPLICABLE). ALLOWABLE CAPACITY OF CONCRETE USED IN DESIGN MIN. z 70TA° L LY CCOO [M] M 0 77 E [Do 3000 PSI. O z FOUNDATION NOTES: W TKK ENGINEERING P.C. LICENCE NO. C-4682 1. DESIGN INFORMATION AND GENERAL REQUIREMENTS 6095 MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD 21075 1.1 CODES (410) 712-7092 A. DESIGN CONFORMS TO INTERNATIONAL BUILDING CODE 2012. B. AMERICAN CONCRETE INSTITUTE "BUILDING CODE REQUIREMENTS FOR REINFORCED CONCRETE," ACI 318-99. Fz_ 2. EARTHWORK 0 SKYWAY SITE ID: NC-08899 Q SKYWAY SITE NAME: MURRAYVILLE 2.1 FOUNDATIONS A. FOUNDATIONS HAVE BEEN DESIGNED TO BEAR ON (UNDISTURBED RESIDUAL SOILS/COMPACTED LL PLANTATION ROAD STRUCTURAL FILL), CAPABLE OF SAFELY SUPPORTING A NET ALLOWABLE BEARING PRESSURE OF z WILMINGTON, NC 28409 2000 PSF. IF FOUNDATION CONDITIONS PROVE UNACCEPTABLE AT ELEVATIONS SHOWN, EXCAVATION W SHALL BE CARRIED DEEPER AND SHALL BE BACKFILLED WITH LEAN CONCRETE TO PLAN FOOTING NEW HANOVER COUNTY BOTTOM, OR REDESIGN OF FOUNDATIONS WILL BE REQUIRED AT THE DIRECTION OF THE ENGINEER. W B. DESIGN, FURNISH AND INSTALL ALL TEMPORARY SHEETING, SHORING AND DRAINAGE NECESSARY TO MAINTAIN THE EXCAVATION AND PROTECT SURROUNDING STRUCTURES AND UTILITIES. C. THOROUGHLY COMPACT ALL BOTTOM OF FOOTINGS PRIOR TO PLACING ANY CONCRETE. REVISIONS 3. CONCRETE 3.1 FORMWORK A. CONCRETE CONSTRUCTION SHALL CONFORM TO "SPECIFICATIONS FOR STRUCTURAL, CONCRETE FOR BUILDINGS," (ACI 301-89). p U Lu B. FORMWORK SHALL CONFORM TO ACI 301 "SPECIFICATIONS FOR STRUCTURAL CONCRETE FOR CL BUILDINGS." z (5 3.2 REINFORCEMENT cf) Q2 11/08/22 REVISED CDs OP A. REINFORCING STEEL ASTM A615, GRADE 60. WELDED WIRE ASTM A185 (FLAT SHEET). LAPS 40 BAR DIAMETERS UNLESS NOTED. BARS SHALL BE SECURELY HELD IN ACCURATE POSITION BY 1 10/17/22 REVISED CDs OP SUITABLE ACCESSORIES, TIE BARS, SUPPORT BARS, ETC. HOOK LENGTHS SHALL BE 12 BAR DIAMETERS. 0 09/30/22 CONSTRUCTION DRAWINGS OP B. CONCRETE COVER FOR REINFORCING BARS SHALL BE AS FOLLOWS, UNLESS OTHERWISE NOTED. REV DATE DESCRIPTION BY FOOTINGS & SLABS CAST AGAINST GROUND . . . . . . . . 3" CONCRETE TO BE IN CONTACT WITH GROUND OR WEATHER AT BARS GREATER THAN #5 . . . . . . . . . . . . . . . . . . 2" AT BARS #5 OR LESS . . . . . . . . . . . . . . . . . 1-1/2" CONCRETE NOT TO BE EXPOSED TO GROUND OR WEATHER BEAMS, GIRDERS & COLUMNS . . . . . . . . . . . . . 1-1/2" SLABS & WALLS . . . . . . . . . . . . . . . . . . . . . .3/4" `1CAiyo/f,,/ 3.3 CAST -IN -PLACE -CONCRETE y_ A. MINIMUM 28 DAY CYLINDER STRENGTH AND MAXIMUM SLUMP, PRIOR TO ADDITION OF SUPER z EAL PLASTICIZERS, AS FOLLOWS: 0 3868 cn F'C PSI SLUMP LLJLL •`��� �li�."�'� CLASS I FOOTINGS . . . . . . . . . . . . . 4000 3" p R}����� CLASS II FOOTINGS . . . . . . . . . . . . . 4000 3" CE CLASS III INTERIOR ELEVATED . . . . . . . 4000 4" a_ SLABS & WALLS CLASS V OTHER WORK . . . . . . . . . . . 4000 4" CLASS VI LEAN CONCRETE FOR OVER EXCAVATION OF FOUNDATIONS . . . . . . 2000 N/A p� W B. MIX DESIGN TO BE IN ACCORDANCE WITH ACI 318, CHAPTER 5. NO CALCIUM CHLORIDE OR w ADMIXTURE CONTAINING CHLORIDES SHALL BE USED IN ANY CONCRETE. z BRADLEY R. NEWMAN, P.E. (� NC PROFESSIONAL ENGINEER LIC. #38681 C. COARSE AGGREGATE FOR NORMAL WEIGHT CONCRETE SHALL CONFORM TO ASTM C33 SIZE #57. w COARSE AGGREGATE FOR LIGHT WEIGHT CONCRETE SHALL CONFORM TO ASTM C330 GRADED 3/4" TO 1 /4". W D. COLD WEATHER PLACEMENT SHALL COMPLY WITH ACI 306.1 CONSTRUCTION E. HOT WEATHER PLACEMENT SHALL COMPLY WITH ACI 305 R. w F. CHAMFER ALL EXPOSED EDGES 3/4". DETAILS U) G. THE MAXIMUM TEMPERATURE OF ALL CONCRETE AT DELIVERY TO THE SITE SHALL BE 857, TOTAL DELIVERY TIME SHALL BE LESS THEN 75 MINUTES. rr w m z w w S=3 Board of Commissioners - March 6, 2023 ITEM: 12- 11 - 12 C rn z 0 E9 2 — OE v EXISTING TREELINE OE I OE (TYP.) — — OE 0E EXISTING OVERHEAD - - OE UTILITY LINES — — �- OE — OE — OE (TYP.� — � OE OE � __--- DOE —OE Know what's below. Call before you dig. PLANTATION R DAD EXISTING EX/ST/NG P-TY L/NE- � \ \ TELCO PEDESTAL I I PROPOSED UTILITY POLE TO BE SIZED, SUPPLIED & I INSTALLED BY UTILITY COMPANY ALONG EXISTING OVERHEAD LINES. LOCATION TO BE DETERMINED BY UTILITY COMPANY UPON A UTILITY COORDINATION SITE VISIT. 'I UTILITY COMPANY TO SIZE, SUPPLY & INSTALL PROPOSED I OVERHEAD ELECTRICAL SERVICE FROM PROPOSED UTILITY POLE ACROSS FROM PLANTATION ROAD TO PROPOSED UTILITY POLE AT DRIVEWAY ENTRANCE. (APPROX. 45'f LONG) ► EXISTING UTILITY POLE (TYP.) OE OE � OE — oE�0E�0E-------- 0E� OE — OE — OE sum 60' EASEMENT -------------- I PROPOSED UTILITY POLE TO BE INSTALLED BY I UTILITY COMPANY AT DRIVEWAY ENTRANCE & TO I BE USED AS DEMARCATION POINT FOR UNDERGROUND SERVICE. PROPOSED TELCO PULLBOX OUTSIDE OF FENCED COMPOUND. PROPOSED 4-GANG METER BANK W/ CIRCUIT BREAKERS & TELCO HOFFMAN BOX ON A 6' H-FRAME PROPOSED X- 195' MONOPINE \ ( x \ x I� PROPOSED TELCO PULLBOX I AT RIGHT-OF-WAY ENTRANCE. I I PROPOSED 25' WIDE I "� ACCESS & UTILITY EASEMENT I I I I I� I I I I / I / 1 PROPOSED PAD MOUNTED / TRANSFORMER OUTSIDE / OF FENCED COMPOUND / \� X X 1 PROPOSED 50'X50' 'ENCED COMPOUND. (2,500 SQ.FT.) PROPOSED 100'x100' COMPOUND LEASE AREA 7 (10,000 SQ.FT.) PROPOSED 12' GRAVEL ACCESS DRIVE W/ TURNAROUND (APPROX. 390' LONG) OVERALL ELECTRICAL PLAN SCALE: 1" = 30' (22X34) SCALE: 1" = 60' (11X17) -----_---- 60' EASEMENT ---- W — W -I C - �� Q 15 o _ EXISTING SOIL ROAD — — :I�t-______ —�— (TYP.) III ------ I� II I I�� I I I \\\ II � I PROPOSED (1) 4" SCH. 40 PVC CONDUIT W/ 1000 LBS MULETAPE/PULLSTRING FROM PROPOSED "DEMARCATION" POINT I TO PROPOSED 4-GANG METER BASE ON H-FRAME. CONDUIT I I TO BE CAPPED AT STUB -UP LOCATION, AND TO BE PROVIDED WITH A 90' SWEEP ANGLE INTO 4'-GANG METER BASE. j I (400'f LONG) I PROPOSED (2) 2" SCH.40 PVC CONDUIT W/ MULETAPE PULLSTRING FOR TELCO SERVICE ALONG EXISTING DRIVEWAY FROM PROPOSED TELCO BOX AT ROW TO PROPOSED PULLBOX AT COMPOUND. GC TO INSTALL COPPERHEAD TRACER WIRE ALONG THE (2) 2" CONDUITS. (360'f LONG) I I k I� I� To Ir I� I I I GRAPHIC SCALE 30 0 15 30 60 1 INCH = 30 FEET (22X34) 1 INCH = 60 FEET (11X17) 120 z Q Q IZ LU LU LU O Q O ILL z LU UD CE O LU ICE LLJ 0 Q UD J z 0 LU LL Ir LU LU z_ CD z LU w LU LU U) rr LU m 75 z w LU C!) SKYWAYTONVERS 3637 MACADALA LANE TAMPA, FL 33618 (813) 960-6200 TM TOTALLY COMMITTED TKK ENGINEERING P.C. LICENCE NO. C-4682 6095 MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD 21075 (410)712-7092 SKYWAY SITE ID: NC-08899 SKYWAY SITE NAME: MURRAYVILLE PLANTATION ROAD WILMINGTON, NC 28409 NEW HANOVER COUNTY REVISIONS 2 11/08/22 REVISED CDs OP 1 10/17/22 REVISED CDs OP 0 09/30/22 CONSTRUCTION DRAWINGS OP REV I DATE I DESCRIPTION I BY 1��ti1t1111111 .tip` t • 6 A �'' o p b�S S� EAL 3868 y K ' ' 1111100 BRADLEY R. NEWMAN, P.E. NC PROFESSIONAL ENGINEER LIC. #38681 OVERALL ELECTRICAL PLAN E=1 Board of Commissioners - March 6, 2023 ITEM: 12- 11 - 13 I� c M z 0 , , , , , , , , , , , i i PROPOSED (2) 2" SCH.40 PVC CONDUIT W/ MULETAPE PULLSTRING FOR TELCO SERVICE FROM PROPOSED TELCO BOX OUTSIDE OF COMPOUND TO TELCO HOFFMAN BOX ON H—FRAME. (10'f LONG) PROPOSED TELCO PULLBOX OUTSIDE OF FENCED COMPOUND. xc PROPOSED (2) 3" SCH.40 GRAY ELECTRICAL PVC CONDUIT W/ 1000 LBS MULETAPE PULLSTRING FROM PROPOSED TRANSFORMER ON / x H—FRAME TO METER BANK ON UTILITY FRAME. EACH CONDUIT TO BE / INSTALLED WITH (3) 600 MCM AND (1) #1 GROUND CONDUCTORS. / (15'f LONG) x / UT / UT U x / I x I I I PROPOSED 4-GANG METER x BANK W/ CIRCUIT BREAKERS & TELCO HOFFMAN BOX ON A 6' H-FRAME °t I x PROPOSED ° 195.0' MONOPINE _ 1 x Ct \ 4444+ x % \ x \ \\ ,2 PROPOSED \ T-MOBILE GENERATOR. •' G o (BY OTHERS) xxx—x x x x x x x x x x--------�- Xx— PROPOSED 7' HIGH CHAIN -LINK FENCE W/ 1' BARBED WIRE — — — — — — — Know what's below. Call before you dig. OVERALL ELECTRICAL PLAN SCALE: 1" = 10' (22X34) SCALE: 1" = 20' (11X17) PROPOSED PAD MOUNTED TRANSFORMER OUTSIDE OF FENCED COMPOUND TO BE SIZED, SUPPLIED & INSTALLED BY UTILITY COMPANY. GRAPHIC SCALE 10 0 5 10 20 40 ELECTRICAL & GROUNDING NOTES 1. ALL ELECTRICAL WORK SHALL CONFORM TO THE REQUIREMENTS OF THE NATIONAL ELECTRICAL CODE (NEC) AS WELL AS APPLICABLE STATE AND LOCAL CODES. 2. ALL ELECTRICAL ITEMS SHALL BE U.L. APPROVED OR LISTED AND PROCURED PER SPECIFICATION REQUIREMENTS. 3. THE ELECTRICAL WORK INCLUDES ALL LABOR AND MATERIAL DESCRIBED BY DRAWINGS AND SPECIFICATION INCLUDING INCIDENTAL WORK TO PROVIDE COMPLETE OPERATING AND APPROVED ELECTRICAL SYSTEM. 4. GENERAL CONTRACTOR SHALL PAY FEES FOR PERMITS, AND IS RESPONSIBLE FOR OBTAINING SAID PERMITS AND COORDINATION OF INSPECTIONS. 5. ELECTRICAL AND TELCO WIRING AT EXPOSED INDOOR LOCATIONS SHALL BE IN ELECTRICAL METALLIC TUBING OR RIGID NONMETALLIC TUBING (RIGID SCHEDULE 40 PVC OR RIGID SCHEDULE 80 PVC FOR LOCATIONS SUBJECT TO PHYSICAL DAMAGE) (AS PERMITTED BY CODE). 6. ELECTRICAL AND TELCO WIRING AT CONCEALED INDOOR LOCATIONS SHALL BE IN ELECTRICAL METALLIC TUBING, ELECTRICAL NONMETALLIC TUBING, OR RIGID NONMETALLIC TUBING (RIGID SCHEDULE 40 PVC AS PERMITTED BY CODE). 7. ELECTRICAL AND TELCO WIRING OUTSIDE A BUILDING, ABOVE GRADE AND EXPOSED TO WEATHER SHALL BE IN WATER TIGHT GALVANIZED RIGID STEEL CONDUITS (RGS) AND WHERE REQUIRED IN LIQUID TIGHT FLEXIBLE METAL OR NONMETALLIC CONDUITS. 8. BURIED CONDUIT SHALL BE RIGID NONMETALLIC CONDUIT (RIGID SCHEDULE 40 PVC); DIRECT BURIED IN AREAS OF OCCASIONAL LIGHT TRAFFIC, ENCASED IN REINFORCED CONCRETE IN AREAS OF HEAVY TRAFFIC. 9. LIQUID -TIGHT FLEXIBLE METALLIC CONDUIT SHALL BE USED INDOORS AND OUTDOORS IN AREAS WHERE VIBRATION OCCURS AND FLEXIBILITY IS NEEDED. 10. ELECTRICAL WIRING SHALL BE COPPER WITH TYPE THHN, THWN-2, OR THIN INSULATION. 11. RUN ELECTRICAL CONDUIT OR CABLE BETWEEN ELECTRICAL UTILITY DEMARCATION POINT AND PROJECT OWNER CELL SITE PPC AS INDICATED ON THIS DRAWING. PROVIDE FULL LENGTH PULL ROPE. COORDINATE INSTALLATION WITH UTILITY COMPANY. 12. RUN TELCO CONDUIT OR CABLE BETWEEN TELEPHONE UTILITY DEMARCATION POINT (AT UTILITY POLE) AND CELL SITE TELCO CABINET AND BTS CABINET AS INDICATED ON THIS DRAWING. PROVIDE FULL LENGTH PULL ROPE IN INSTALLED TELCO CONDUIT. PROVIDE GREENLEE CONDUIT MEASURING TAPE AT EACH END. 13. ALL EQUIPMENT LOCATED OUTSIDE SHALL HAVE NEMA 3R ENCLOSURE. 14. PPC SUPPLIED BY PROJECT OWNER. 15. GROUNDING SHALL COMPLY WITH NEC ART. 250. ADDITIONALLY, GROUNDING, BONDING AND LIGHTING PROTECTION SHALL BE DONE IN ACCORDANCE WITH APEX TOWERS GROUNDING STANDARDS. 16. GROUND CABLE SHIELDS MINIMUM AT BOTH ENDS USING MANUFACTURERS CABLE GROUNDING KITS SUPPLIED BY APEX TOWERS. 17. USE #6 COPPER STRANDED WIRE WITH GREEN COLOR INSULATION FOR ABOVE GRADE GROUNDING (UNLESS OTHERWISE SPECIFIED) AND #2 SOLID TINNED BARE COPPER WIRE FOR BELOW GRADE GROUNDING AS INDICATED ON THE DRAWING. 18. ALL POWER AND GROUND CONNECTIONS TO BE CRIMP -STYLE, COMPRESSION WIRE LUGS AND WIRE NUTS BY HARGER (OR APPROVED EQUAL) RATED FOR OPERATION AT NO LESS THAN 75•C OR CADWELD EXOTHERMIC WELD. DO NOT ALLOW BARE COPPER WIRE TO BE IN CONTACT WITH GALVANIZED STEEL. 19. ROUTE GROUNDING CONDUCTORS ALONG THE SHORTEST AND STRAIGHTEST PATH POSSIBLE, EXCEPT AS OTHERWISE INDICATED. GROUNDING LEADS SHOULD NEVER BE BENT AT RIGHT ANGLE. ALWAYS MAKE AT LEAST 12" RADIUS BENDS. #6 WIRE CAN BE BENT AT 6" RADIUS WHEN NECESSARY. BOND ANY METAL OBJECTS WITHIN 6 FEET OF PROJECT OWNER EQUIPMENT OR CABINET TO MASTER GROUND BAR OR GROUNDING RING. 20. CONNECTIONS TO GROUND BARS SHALL BE MADE WITH TWO HOLE COMPRESSION TYPE COPPER LUGS. APPLY OXIDE INHIBITING COMPOUND TO ALL LOCATIONS. 21. APPLY OXIDE INHIBITING COMPOUND TO ALL MECHANICAL GROUND CONNECTIONS. 22. CONTRACTOR SHALL PROVIDE AND INSTALL OMNI DIRECTIONAL ELECTRONIC MARKER SYSTEM (EMS) BALLS OVER EACH GROUND ROD AND BONDING POINT BETWEEN EXISTING TOWER/ MONOPOLE GROUNDING RING AND EQUIPMENT GROUNDING RING. 23. CONTRACTOR SHALL TEST COMPLETED GROUND SYSTEM AND RECORD RESULTS FOR PROJECT CLOSE-OUT DOCUMENTATION. 5 OHMNS MINIMUM RESISTANCE REQUIRED. 24. CONTRACTOR SHALL CONDUCT ANTENNA, CABLE, AND LNA RETURN -LOSS AND DISTANCE -TO -FAULT MEASUREMENTS (SWEEP TESTS) AND RECORD RESULTS FOR PROJECT CLOSE OUT. 25. THE ELECTRICAL EQUIPMENT INCLUDING PANEL, SWITCH GEAR AND DISCONNECT ARE TO BE LABELED WITH ENGRAVED BAKELITE LABELS. SKYWAYTOWERS 3637 MACADALA LANE TAMPA, FL 33618 (813) 960-6200 TM �I w Lij z TOTALLY C;OO MM77EDo 0 z w TKK ENGINEERING P.C. LICENCE NO. C-4682 6095 MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD 21075 (410) 712-7092 O Q O w z w CE O LLJ z 0 LLJ 0 Q z 0 LLJ LL Cr n w w z_ 0 z w LU LU LU U) SKYWAY SITE ID: NC-08899 SKYWAY SITE NAME: MURRAYVILLE PLANTATION ROAD WILMINGTON, NC 28409 NEW HANOVER COUNTY REVISIONS 2 11/08/22 REVISED CDs OP 1 10/17/22 REVISED CDs OP 0 09/30/22 CONSTRUCTION DRAWINGS OP REV I DATE I DESCRIPTION I BY \ CAPdl��i� '.o b �ss�o E A L 3868 = BRADLEY R. NEWMAN, P.E. NC PROFESSIONAL ENGINEER LIC. #38681 COMPOUND ELECTRICAL PLAN E=2 Board of Commissioners - March 6, 2023 ITEM: 12- 11 - 14 1 INCH = 10 FEET (22X34) 1 INCH = 20 FEET (11X17) PROPOSED T-MOBILE 200A METER/CIRCUIT BREAKER PROPOSED FUTURE 200A CIRCUIT BREAKER (TYP. OF 3) Y2" O GALVANIZED U-BOLTS W/ %" 0 DRILLED HOLE. (TYP.) PROPOSED P1000 UNISTRUT W/ PLASTIC END CAPS (OR EQUAL) (TYP.) AASHTO #57 GRAVEL SURFACING 6" DEEP SELECT GRANULAR BACKFILL COMPACTED TO 85% z M W 0 6' 5' METER ASSIGNMENTS METER NUMBER CARRIER NAME 1 T-MOBILE 2 TENANT #2 3 TENANT #3 4 j TENANT #4 PROPOSED 4-GANG METER BANK SQ D MPR64200 W/ 800A MAIN LUGS BOX 5R (OR APPROVED SIMILAR) 3.5" 0 SCH. 40 GALVANIZED STEEL PIPE (TYP. OF 2) GRADE 4000 PSI MIN CONCRETE d #2/0 G SERVICE GROUND PER NEC BOND TO PROPOSED GROUND RING IN COMPOUND da° UTILITY H-FRAME FRONT VIEW NITS N BACKFILL TO MEET EXISTING FINISH GRADE FINISHED GRADE UNDISTURBED SOIL 6' 5' UTILITY H-FRAME REAR VIEW NTS CONDUIT ENDCAP WARNING TAPE FOR UNDERGROUND UTILITIES o (TYP) �. AASHTO #10 DUST POWER CONDUIT SERVICE W/ TRACERWIRE 1. EXCAVATE EXISTING SUBGRADE AS REQUIRED TO INSTALL CONDUITS IN ACCORDANCE WITH OSHA AND ALL APPLICABLE CODES. TYPICAL TRENCH DETAIL NITS PVC SCH. 80 90' BEND PVC ADAPTER PVC SCH. 40 CONDUIT PROPOSED STUB -UP DETAIL NITS 3'X3' TELCO 3OX OR APPROVED NCLOSURE CONDUIT FROM HOFFMAN BOX EQUIPMENT. CONDUIT FROM TELCO HANDHOLE \N BOX. 40 GALVANIZED ZETE =RVICE GROUND 3OND TO PROPOSED ING IN COMPOUND CE w z_ C� w z O Q rr O LL z w a_ Q z O w w CL In CL w w C� z w w w w Cn SKYWAYTOWEM 3637 MACADALA LANE TAMPA, FL 33618 (813) 960-6200 TM NJ TOTALLY L LY COO M MT TE D. TKK ENGINEERING P.C. LICENCE NO. C-4682 6095 MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD 21075 (410) 712-7092 SKYWAY SITE ID: NC-08899 SKYWAY SITE NAME: MURRAYVILLE PLANTATION ROAD WILMINGTON, NC 28409 NEW HANOVER COUNTY REVISIONS 2 11/08/22 REVISED CDs OP 1 10/17/22 REVISED CDs OP 0 09/30/22 CONSTRUCTION DRAWINGS OP REV DATE DESCRIPTION BY CL EAL 3868 • - GIN Ol l it \ BRADLEY R. NEWMAN, P.E. NC PROFESSIONAL ENGINEER LIC. #38681 ELECTRICAL DETAILS E=3 Board of Commissioners - March 6, 2023 ITEM: 12- 11 - 15 GROUNDING NOTES: 1. GROUNDING SHALL COMPLY WITH ARTICLE 250 OF THE NATIONAL ELECTRICAL CODE. 2. ALL GROUNDING DEVICES SHALL BE U.L. APPROVED OR LISTED FOR THEIR INTENDED USE. 3. ALL WIRES SHALL BE AWG THHN/THWN COPPER UNLESS NOTED OTHERWISE. 4. GROUNDING CONNECTIONS TO GROUND RODS, GROUND RING WIRE, TOWER BASE AND FENCE POSTS SHALL BE EXOTHERMIC ("CADWELDS") UNLESS NOTED OTHERWISE. CLEAN SURFACES TO SHINY METAL. WHERE GROUND WIRES ARE CADWELDED TO GALVANIZED SURFACES, SPRAY CADWELD WITH GALVANIZING PAINT. 5. GROUNDING CONNECTIONS TO GROUND BARS ARE TO BE TWO -HOLE BRASS MECHANICAL CONNECTORS WITH STAINLESS STEEL HARDWARE (INCLUDING SCREW SET) CLEAN GROUND BAR TO SHINY METAL. AFTER MECHANICAL CONNECTION, TREAT WITH PROTECTIVE ANTIOXIDANT COATING. 6. GROUND COAXIAL CABLE SHIELDS AT BOTH ENDS WITH MANUFACTURER'S = GROUNDING KITS. 0 Z 7. ROUTE GROUNDING CONDUCTORS THE SHORTEST AND STRAIGHTEST PATH POSSIBLE. BEND GROUNDING LEADS WITH A MINIMUM 12" RADIUS. 8. INSTALL #2 AWG GREEN -INSULATED STRANDED WIRE FOR ABOVE GRADE GROUNDING AND #2 TINNED SOLID COPPER WIRE FOR BELOW GRADE GROUNDING UNLESS OTHERWISE NOTED. 9. REFER TO GROUNDING PLAN FOR GROUND BAR LOCATIONS. GROUNDING CONNECTIONS SHALL BE EXOTHERMIC TYPE ("CADWELDS") TO ANTENNA MOUNTS AND GROUND RING. REMAINING GROUNDING CONNECTIONS SHALL BE COMPRESSION FITTINGS. CONNECTIONS TO GROUND BARS SHALL BE MADE WITH TWO -HOLE LUGS. 10. THE GROUND ELECTRODE SYSTEM SHALL CONSIST OF DRIVEN GROUND RODS POSITION ACCORDING TO GROUNDING PLAN. THE GROUND RODS SHALL BE 5/8"X10'-0" COPPER CLAD STEEL INTERCONNECTED WITH #2 TINNED SOLID COPPER WIRE BURIED 36" BELOW GRADE. BURY GROUND RODS A MAXIMUM OF 15' APART, AND A MINIMUM OF 8' APART. 11. IF ROCK IS ENCOUNTERED GROUND RODS SHALL BE PLACED AT AN OBLIQUE ANGLE NOT TO EXCEED 45. 12. EXOTHERMIC WELDS SHALL BE MADE IN ACCORDANCE WITH ERICO PRODUCTS BULLETIN A -AT. 13. CONSTRUCTION OF GROUND RING AND CONNECTIONS TO EXISTING GROUND RING SYSTEM SHALL BE DOCUMENTED WITH PHOTOGRAPHS PRIOR TO BACKFILLING SITE. PROVIDE PHOTOS TO THE APEX TOWERS CONSTRUCTION MANAGER. 14. ALL GROUND LEADS EXCEPT THOSE TO THE EQUIPMENT ARE TO BE #2 TINNED SOLID COPPER WIRE. ALL EXTERIOR GROUND BARS TINNED COPPER. 15. PRIOR TO INSTALLING LUGS ON GROUND WIRES, APPLY THOMAS & BETTS KOPR-SHIELD (TM OF JET LUBE INC.). PRIOR TO BOLTING GROUND WIRE LUGS TO GROUND BARS, APPLY KOPR-SHIELD OR EQUAL. 16. WHERE BARE COPPER GROUND WIRES ARE ROUTED FROM ANY CONNECTION ABOVE GRADE TO GROUND RING, INSTALL WIRE IN 3/4" PVC SLEEVE, FROM 1' BELOW GRADE AND SEAL TOP WITH SILICONE MATERIAL. 17. PREPARE ALL BONDING SURFACES FOR GROUNDING CONNECTIONS BY REMOVING ALL PAINT AND CORROSION DOWN TO SHINY METAL. FOLLOWING CONNECTION, APPLY APPROPRIATE ANTI -OXIDIZATION PAINT. 18. ANY SITE WHERE THE EQUIPMENT (BTS, CABLE BRIDGE, PPC, GENERATOR, ETC.) IS LOCATED WITHIN 6 FEET OF METAL FENCING, THE GROUND RING SHALL BE BONDED TO THE NEAREST FENCE POST USING (3) RUNS OF #2 BARE TINNED COPPER WIRE. GROUNDING LEGEND PROPOSED 7' HIGH CHAIN -LINK FENCE W/ 1' BARBED WIRE PROPOSED #2 AWG SOLID BARE TINNED COPPER WIRE. CONNECT TOWER TO TOWER GROUND RING. PROPOSED GROUND ROD INSPECTION WELL (TYP.) PROPOSED #2 AWG SOLID BARE TINNED COPPER WIRE TOWER GROUND RING 36" BELOW GRADE. NOTES THIS SHEET ONLY: 1. BELOW GRADE GROUND RING BONDS AND CONNECTIONS WILL BE EXOTHERMIC WELDS, NO EXCEPTIONS. 2. GROUND CONDUCTORS FROM GROUND RING TO PLATFORM OR EQUIPMENT WILL BE RUN IN 3/4" PVC CONDUIT AND SEALED WITH SILICONE. 3. CONNECTIONS TO GROUND BAR WILL BE HIGH PRESSURE CRIMPED LONG BARREL 2-HOLE LUG. PROPOSED #2 AWG SOLID BARE TINNED COPPER WIRE 36" BELOW GRADE. CONNECT UTILITY H-FRAME TO FENCE POSTS. PROPOSED TELCO PULL BOX z U Q M LU z w z 0 Q 0 ILL z LU Er 0 U LU rr z U) W 0 I Q z 0 W LL W In SKYWAYTOWERS 3637 MACADALA LANE TAMPA, FL 33618 (813) 960-6200 TIC 707A L LY C OO M M 77 CE D. TKK ENGINEERING P.C. LICENCE NO. C-4682 6095 MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD 21075 (410) 712-7092 SKYWAY SITE ID: NC-08899 SKYWAY SITE NAME: MURRAYVILLE PLANTATION ROAD WILMINGTON, NC 28409 NEW HANOVER COUNTY REVISIONS 2 1 11 /08/22 1 1 10/17/22 REVISED CDs I OP REVISED CDs I OP 0 1 09/30/22 1 CONSTRUCTION DRAWINGS I OP REV I DATE I DESCRIPTION I BY CR1R���i� V/11 0 ��'•�L p .8GIN o\\ BRADLEY R. NEWMAN, P.E. NC PROFESSIONAL ENGINEER LIC. #38681 ® COAXIAL CABLE SHIELD GROUND KIT CONNECTION ■ COMPRESSION FITTING CONNECTION LU 11 GROUNDING PLAN • EXOTHERMIC WELD CONNECTION F7_ O 5/8"X10' COPPER -CLAD w & NOTES STEEL GROUND ROD O5/8"X10' • COPPER -CLAD STEEL GRAPHIC SCALE U) GROUND ROD WITH INSPECTION WELL PROPOSED GROUND WIRING • 5 0 2.5 5 ,0 20 1 COMPOUND GROUNDING PLAN w LLJ — — — — — — EXISTING GROUND WIRING SCALE: 1" = 5' (22X34) G-1 m ® TINNED N A 1 OR 1 SCALE: 1" = 10' (11X17) 1 INCH = 5 FEET (22X34) 1 INCH = 10 FEET (11X17) z /4"X4"X12" /4"X4"X20" what's Kn WI W. o below. CGB COLLECTOR GROUND BAR Call before you dig. w MGB MAIN GROUND BAR _ C0 Board of Commissioners - March 6, 2023 ITEM: 12- 11 - 16 A A STAINLESS STEEL HARDWARE TWO HOLE COPPER COMPRESSION TERMINAL GROUNDING 905 GROUNDING BAR CABLE ELEVATION LOCKWASHEF (TYP; NUT (TYP; GROUND BAR GROUNDING CABLE FLAT WASHER (TYP) 1 /2"x1 1 /2" HEX BOLT (TYP, STAINLESS STEEL) EXPOSED BARE COPPER TO BE KEPT TO ABSOLUTE MINIMUM, NO INSULATION ALLOWED WITHIN THE COMPRESSION TERMINAL (TYP) SECTION "A -A" NOTE: 1. "DOUBLING UP" OR "STACKING" OF CONNECTIONS IS NOT PERMITTED. 2. OXIDE INHIBITING COMPOUND TO BE USED AT ALL LOCATIONS. TYPICAL GROUND BAR CONN DETAIL NTS 3/8 S.S. HEX BOLT %1 1 0 0 0 0 0 0 0 0 D I/� \\1 1 0 0 0 0 0 0 0 0 S.S. ANGLE ADAPTER 3/8 S.S. SQUARE HEAD BOLT 3/8 S.S. HEX BOLT LI I 1 S.S. LOCK WASHER S.S. ANGLE ADAPTER S.S. FLAT WASHER GROUND BAR SCHEDULE TYPE QTY MANUFACTURER PART NO. REMARKS MGB 2 ANDREW UGBKIT-0420-T OR EQUAL CBG 3 ANDREW UGBKIT-0412 OR EQUAL PPER (8' O.C.) GROUND RING. \ITr-.) iiivivw %.vrrL.rN rrmr- ivrrU-r% GROUND RING 36" BELOW GRADE. GROUNDING RISER DIAGRAM NTS NOTE: GROUND BAR TO BE MOUNTED AT EACH LOCATION WITH (2) ANGLE ADAPTERS GROUND BAR DETAIL �-2 NTS z Q U GRADE - � SKYWAYTOWERS - --- Z 3637 MACADALA LANE CADWELD CONNECTION TAMPA, FL 33618 CID (USE TYPE APPROPRIATE (813) 960-6200 M TO APPLICATION) (TYP) --- —--------� #2 TINNED SOLID COPPER WIRE TM GROUND RING COPPER CLAD STEEL � W GROUND ROD Lu (5/8" OX10'-O" LONG) z 707A L LY CC0O [M] M 077 E ID. w TKK ENGINEERING P.C. LICENCE NO. C-4682 TYPICAL GROUND ROD DETAIL 6095 MARSHA0) 712-7092 DRIVE, SUITE 300 ('4 ELKRIDGE, MD 21075 �-2 NTS THREADED 6"OX24" INSPECTION O SKYWAY SITE ID: NC-08899 PVC PIPE CAP SLEEVE, PVC OR SOIL Q SKYWAY SITE NAME: MURRAYVILLE PIPE W/ CAP OR EQUIVALENT LL PLANTATION ROAD FINISHED GRADE z WILMINGTON, NC 28409 Lu NEW HANOVER COUNTY CADWELD CONNECTION C/D (TYPE-GT) w 1 " WIDE SLOT FOR GROUND WIRE m EXTEND 2" ABOVE GROUND WIRE No — 3/4" CRUSHED STONE OR EQUAL REVISIONS N W — FILL TEST WELL TO WITHIN 2" OF TOP OF GROUND LOOP WIRE ICE #2 TINNED SOLID U COPPER GROUND WIRE LLJ z 5/8" DIA. COPPER CLAD U) GROUND ROD. TOTAL DEPTH Q 2 11/08/22 REVISED CDs OP IN SOIL TO BE 10' MIN. 1 10/17/22 REVISED CDs OP 0 09/30/22 CONSTRUCTION DRAWINGS OP _ REV DATE DESCRIPTION BY 5 INSPECTION WELL DETAIL �-2NTS CA f?0 z 'CL EAL p 3868 U) W IL 'fi 1' 'R,' O a_ TYPE TA TYPE VN TYPE NC TYPE SS TYPE W TYPE VS w z BRADLEY R. NEWMAN, P.E. z NC PROFESSIONAL ENGINEER LIC. #38681 9 W 41 W TYPE VB TYPE PT TYPE GT TYPE GY TYPE GR TYPE GL __j GROUNDING 6 w DETAILS CADWELD GROUNDING CONNECTION DETAILS = NITS I U) G=2 Board of Commissioners - March 6, 2023 ITEM: 12- 11 - 17 I \\\ I I \\ EXISTING I \\ SOIL BOUNDARY I I EXISTING UTILITY POLE EXISTING TREELINE \ °E (TYP.) (TYP.) \ \ I - \\ �E EXISTING OVERHEAD If — OE of UTILITY LINES \\ Z — — OE of (TYP.) \\ W DOE —OE—❑ \\ - E Of OE OE —OE —OE— \ I I ----___---- OE \DOE _-- \ ❑E—OE OE DE o —---------- \��-----__ 60' EASEMENT PLANTATION ROAD -----____ - < \ EDGE OF EX/ST/NG SO/L ROAD. EXISTING EX/ST/NG P—� � ---- � TELCO PEDESTAL L/NE �� own� ------------------ r ` 60' EASEMENT -------------- i coo A — LLt I EXISTING— PONDING AREA I PARKER KENNETH R SR ELOISE T r PARCEL /D: R02800-004-012-001 \ ZONING: R-15 RESIDENTIAL DISTRICT PROPOSED 12'x5O' - ACREAGE- 4.28E CONSTRUCTION ENTRANCE r I \ L � I %I \ (SOIL SUMMARY) r I \\ LEON SAND \ PROPOSED LIMIT OF DISTURBANCE AROUND 0%-2% SLOPES, � I o I \ HYDROLOGIC SOIL GROUP A/D NEW FENCED COMPOUND AND ACCESS ROAD.-,,,o Q I I (APPROX 22,460 SQ.F)I \\ MuI , \ I \ C I (SOIL SUMMARY) Z = I ` � MURVILLE FINE SAND PROPOSED 25 WIDE 2% SLOPES, ACCESS & UTILITY EASEMENT I I \ \ M \ HYDROLOGIC SOIL GROUP A/D I O C z � EXISTING PROPOSED SILT FENCE ON ALL DOWN SLOPES Z I WETLANDS (APPROX LENGTH 1,050'f) I \ .� PROPOSED 50'X50' O CHAIN —LINK FENCED COMPOUND. r Z (2,500 SQ.FT.) ES� I PROPOSED SOIL STOCKPILE, AS - PROPOSED ELEV. 42.00 PROPOSED ELEV. 42.50 �s / I PROPOSED TOPSOILING, TEMPORARY & PERMANENT SEEDING ON ALL NON -GRAVEL DISTURBED AREAS. tK�O y , �\ �_----- IQ) PROPOSED CONCRETE _ A ' I - WASHOUT AREA PROPOSED 12' GRAVEL ACCESS \ X _ DRIVE W/ TURNAROUND U) (APPROX. 390' LONG) C PROPOSED ELEV. 43.00' \ \ / _ / PROPOSED ELEV. 43.50' SF • .SF PROPOSED 195' MONOPINE — — I PROPOSED 100'x100' COMPOUND LEASE AREA (10,000 SQ.FT.) EXISTING WETLANDS I I I I GRAPHIC SCALE 30 0 15 30 60 120 Know what's below. Call before you dig. EROSION & SEDIMENT CONTROL PLAN SCALE: 1" = 30' (22X34) SCALE: 1" = 60' (11X17) 1 INCH = 30 FEET (22X34) 1 INCH = 60 FEET (11X17) I((N I NHC VICINITY MAP LEGEND EXISTING SOIL BOUNDARY PROPERTY LINE - SUBJECT PARCEL — — — — — XXX - — — — — — — EXISTING CONTOUR LINE PROPOSED CONTOUR LINE X X X PROPOSEDFENCE PROPOSED LEASE AREA — — — — — — — — — — — — — — PROPOSED ACCESS EASEMENT ����•� ����•� ��� I���ji����j PROPOSED LIMITS OF DISTURBANCE PROPOSED SILT FENCE PROPOSED CONSTRUCTION ENTRANCE EXISTING WETLANDS NOTES: • ANY REMOVED VEGETATIVE MATERIAL SHALL BE DISPOSED OFF —SITE. • A FILL FACTOR OF 1.15 WAS USED. THE CUT FACTOR REMAINED AT 1.0. • CONCRETE VOLUMES FOR TOWER FOUNDATION CANNOT BE ESTIMATED UNTIL TOWER DESIGN IS COMPLETE. TOWER DESIGN DRAWINGS ARE SEPARATE FROM THESE CONSTRUCTION DRAWINGS. • A PROPOSED HAY BALE W/ PLASTIC LINING CONCRETE WASHOUT IS REQUIRED TO BE ON SITE. SEE "HAY BALE AND PLASTIC WASHOUT PIT" NOTES ON SHEET ES-4 FOR MORE INFORMATION. CONSTRUCTION MANAGER TO FIELD VERIFY PROPOSED LOCATION. • A SOIL STOCKPILE AREA IS REQUIRED TO BE ON SITE. SEE ES-5 FOR MORE DETAILS. CONSTRUCTION MANAGER TO FIELD VERIFY PROPOSED LOCATION. • IF APPLICABLE, CONTRACTOR TO USE THE CUT MATERIAL THAT IS SUITABLE FOR FILL ONLY & IT MUST BE INSTALLED IN A PROFESSIONAL MANNER TO CODE WITH PROCTOR READINGS FROM THIRD PARTY. • CONTRACTOR TO TRIM ANY EXISTING VEGETATION AS NEEDED FOR CONSTRUCTION OF ROAD, COMPOUND AND UTILITIES. • CONTRACTOR TO IMPLEMENT AND MAINTAIN ALL NECESSARY EROSION AND SEDIMENT CONTROL MEASURES SUCH AS SILT FENCE, TEMPORARY SEEDING, PERMANENT SEEDING TEMPORARY SOIL STOCKPILE, CONCRETE WASHOUT AND CONSTRUCTION ENTRANCE. • THE ESCAPE OF SEDIMENT FROM THE SITE SHALL BE PREVENTED BY THE INSTALLATION OF EROSION AND SEDIMENT CONTROL MEASURES AND PRACTICES PRIOR TO, OR CONCURRENT WITH, LAND —DISTURBING ACTIVITIES • EROSION CONTROL MEASURES WILL BE MAINTAINED AT ALL TIMES. IF FULL IMPLEMENTATION OF THE APPROVED PLAN DOES NOT PROVIDE FOR EFFECTIVE EROSION CONTROL, ADDITIONAL EROSION AND SEDIMENT CONTROL MEASURES SHALL BE IMPLEMENTED TO CONTROL OR TREAT THE SEDIMENT SOURCE. • SILT FENCE WILL BE INSPECTED DAILY AND IF ANY REPAIR OR REPLACEMENT IS REQUIRED IT WILL BE DONE IMMEDIATELY. • CONSTRUCTION OF SITE WILL TAKE BETWEEN 30 AND 60 DAYS. • UTILITY PATH IS TO MAINTAIN EXISTING STATUS OF WETLANDS. z U Q M LLJ 0 LLJ O Q 0 LU Er O LU z U) LU 0 Q z O LU U_ CL LU LU z z LU LU LU LU U) M LU m z LU LU SKYWAYTOWERS 3637 MACADALA LANE TAMPA, FL 33618 (813) 960-6200 TIC 707ALLY C0MMD77IEID. TKK ENGINEERING P.C. LICENCE NO. C-4682 6095 MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD 21075 (410) 712-7092 SKYWAY SITE ID: NC-08899 SKYWAY SITE NAME: MURRAYVILLE PLANTATION ROAD WILMINGTON, NC 28409 NEW HANOVER COUNTY REVISIONS 2 1 11 /08/22 1 1 10/17/22 REVISED CDs I OP REVISED CDs I OP 0 09/30/22 CONSTRUCTION DRAWINGS OP REV DATE DESCRIPTION BY \oWCRJR1o/i/ :~p�`�55j� E A L p 3868 �G I NEB'�� rfi Y R, BRADLEY R. NEWMAN, P.E. NC PROFESSIONAL ENGINEER LIC. #38681 EROSION & SEDIMENT CONTROL PLAN ES-1 Board of Commissioners - March 6, 2023 ITEM: 12- 11 - 18 WETLAND SITE CUT AND FILL AREA MATERIAL CUT(YD3) FILL(YD3) NET SURFACE 0 44.5 44.5(FILL) COARSE ROAD BASE 0 44.5 44.5(FILL) COARSE SOIL 0 136.5 136.5(FILL) SURFACE 0 76.5 76.5(FILL) COMPOUND COARSE SOIL 0 120.0 120.0(FILL) OVERALL SITE CUT AND FILL AREA CUT(YD3) FILL(YD3) NET SURFACE 0 84.4 84.4(FILL) COARSE ROAD BASE 0 84.4 84.4(FILL) COARSE SOIL 30.0 251.6 251.6(FILL) SURFACE 0 76.5 76.5(FILL) COMPOUND COARSE SOIL 0 120.0 120.0(FILL) 60' AMSL PERMANENT WETLAND DISTURBED AREA AREA GROUND COVER (FT2) (ACRES) ROAD GRAVEL 2,718 0.062 COMPOUND GRAVEL 2,704 0.062 COMBINED AREA GRAVEL 5,422 0.124 TEMPORARY WETLAND DISTURBED AREA GROUND COVER (FT2) (ACRES) STAGING AREA GRADED/ SEEDED 11,903 0.273 TOTAL AREA ALL 17,325 0.398 NOTE: • A FILL FACTOR OF 1.15 WAS USED. THE CUT FACTOR REMAINED AT 1.0. • CONCRETE VOLUMES FOR TOWER FOUNDATION CANNOT BE ESTIMATED UNTIL TOWER DESIGN IS COMPLETE. TOWER DESIGN DRAWINGS ARE SEPARATE FROM THESE CONSTRUCTION DRAWINGS. • IF FILL IS REQUIRED, CONTRACTOR TO USE THE CUT MATERIAL THAT IS SUITABLE FOR FILL ONLY & IT MUST BE INSTALLED IN A PROFESSIONAL MANNER TO CODE WITH PROCTOR READINGS FROM THIRD PARTY. • CONTRACTOR IS NOT TO PLACE ANY EXCAVATED MATERIALS OR STAGE ANY MATERIALS WITHIN WETLAND BOUNDARY . ■ i ■ T PROPOSED 1 60' AMSL -------------------- -------------- 1 1 ----------------------------------------------------------- 1 1 ---1-------1---------- ------- 1------ d------- \\[/ -1--- \Z---- 1 ------ - JO' AMSL 30' AMSL ----------------------------------- q/ ------------------------------------ f---------------- - ----- - - - - ------- ---- -- - - -- --------------------------- -------------------- - - - - - - - - - - - - - - - - ----------------- ---------------- 20' AMSL �/ 1 20' AMSL COMPOUND GRADING PROFILE SCALE: 1" = 5' (22X34) SCALE: 1" = 10' (11X17) GRAPHIC SCALE 5 0 2.5 5 10 1 INCH = 5 FEET (22X34) 1 INCH = 10 FEET (11X17) 20 z U Q Ir W w z_ C.� z w O Q rr O LL z w U) 0 rr O U w w z W 0 I Q Q O U) W LL W a_ W W W z_ (5 z W W J W W U) M w rn w w SKYWAYTOWEM 3637 MACADALA LANE TAMPA, FL 33618 (813) 960-6200 Tm 707A L LY C OO M] M] 0 7 7 CE Do TKK ENGINEERING P.C. LICENCE NO. C-4682 6095 MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD 21075 (410)712-7092 SKYWAY SITE ID: NC-08899 SKYWAY SITE NAME: MURRAYVILLE PLANTATION ROAD WILMINGTON, NC 28409 NEW HANOVER COUNTY REVISIONS 2 1 11/08/22 1 REVISED CDs I OP 1 I 10/17/22 1 REVISED CDs I OP 0 09/30/22 CONSTRUCTION DRAWINGS OP REV DATE DESCRIPTION BY ,1�111ti11111/ •6RR����f� oa�r�SS�o fiy�i EAL 3868 ���1111111�� BRADLEY R. NEWMAN, P.E. NC PROFESSIONAL ENGINEER LIC. #38681 COMPOUND GRADING PROFILE ES-2 Board of Commissioners - March 6, 2023 ITEM: 12- 11 - 19 WETLAND SITE CUT AND FILL AREA MATERIAL CUT(YD 3) FILL(YD 3) NET SURFACE 0 44.5 44.5 FILL ( ) COARSE ROAD BASE COARSE 0 44.5 44.5(FILL) SOIL 0 136.5 136.5(FILL) SURFACE 0 76.5 76.5 FILL ( ) COMPOUND COARSE SOIL 0 120.0 120.0(FILL) OVERALL SITE CUT AND FILL AREA CUT(YD 3) FILL(YD 3) NET SURFACE 0 84.4 84.4 FILL ( ) COARSE BASE COARSE 0 84.4 84.4(FILL) ROAD SOIL 30.0 251.6 251.6(FILL) SURFACE 0 76.5 76.5 FILL ( ) COMPOUND COARSE SOIL 0 120.0 120.0(FILL) 48 44 40 36 32 30 PERMANENT WETLAND DISTURBED AREA AREA COVERD (FT2) (ACRES) ROAD GRAVEL 2,718 0.062 COMPOUND GRAVEL 2,704 0.062 COMBINED AREA GRAVEL 5,422 0.124 TEMPORARY WETLAND DISTURBED AREA GROUND COVSTAGING (FT2) (ACRES) AREA GRADED/ SEEDED 11,903 0.273 TOTAL AREA ALL 17,325 0.398 NOTE: • A FILL FACTOR OF 1.15 WAS USED. THE CUT FACTOR REMAINED AT 1.0. • CONCRETE VOLUMES FOR TOWER FOUNDATION CANNOT BE ESTIMATED UNTIL TOWER DESIGN IS COMPLETE. TOWER DESIGN DRAWINGS ARE SEPARATE FROM THESE CONSTRUCTION DRAWINGS. • IF FILL IS REQUIRED, CONTRACTOR TO USE THE CUT MATERIAL THAT IS SUITABLE FOR FILL ONLY & IT MUST BE INSTALLED IN A PROFESSIONAL MANNER TO CODE WITH PROCTOR READINGS FROM THIRD PARTY. • CONTRACTOR IS NOT TO PLACE ANY EXCAVATED MATERIALS OR STAGE ANY MATERIALS WITHIN WETLAND BOUNDARY . ACCESS ROAD PROFILE z U Q w LLJ w z (D z w z O Q w O H z w 44 40 36 W O U w w 32 z 0 30 C0 W n SKYWAYTOWERS 3637 MACADALA LANE TAMPA, FL 33618 (813) 960-6200 TM TKK ENGINEERING P.C. LICENCE NO. C-4682 6095 MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD 21075 (410) 712-7092 SKYWAY SITE ID: NC-08899 SKYWAY SITE NAME: MURRAYVILLE PLANTATION ROAD WILMINGTON, NC 28409 NEW HANOVER COUNTY REVISIONS 2 1 11 /08/22 REVISED CDs I OP I II VI I r I LLL V. `t-).VJ 1 1 I 10/17/22 I REVISED CDs I OP In Q z O W LL rr In w W W 0 1 09/30/22 1 CONSTRUCTION DRAWINGS I OP REV I DATE I DESCRIPTION I BY 1\,OC A 0,1111 V/1 L8W\ BRADLEY R. NEWMAN, P.E. NC PROFESSIONAL ENGINEER LIC. #38681 ACCESS ROAD PROFILE ES-3 Board of Commissioners - March 6, 2023 ITEM: 12- 11 - 20 EROSION AND SEDIMENT CONTROL NARRATIVE PROJECT DESCRIPTION THE PURPOSE OF THIS PROJECT IS THE CONSTRUCTION OF A MONOPINE TOWER, FENCED COMPOUND, A 390' ACCESS ROAD IMPROVEMENT, ALONG WITH ASSOCIATED UTILITIES. THE LEASE AREA OF THE TOWER IS 10,000 SQ.FT.; THE COMPOUND AREA IS 2,500 SQ.FT.; THE TOTAL DISTURBED AREA IS 14,700 SF.; AND THE TOTAL PROPOSED IMPERVIOUS AREA IS 7,600 SQ.FT. EXISTING SITE CONDITIONS THE EXISTING SITE CONDITIONS CONSIST OF OPEN FIELD WITH SLOPES OF 1.0%. THERE IS VERY MINIMUM VEGETATION ON SITE. ADJACENT AREAS THE ADJACENT AREAS ARE WOODS AND RESIDENTIAL AREAS. OFF -SITE AREAS THERE ARE NO PROPOSED OFF -SITE AREAS ASSOCIATED WITH THIS PROJECT. SOILS (Mu) MURVILLE FINE SAND - 0 TO 2 PERCENT SLOPES - HYDROLOGIC SOIL GROUP A/D CRITICAL AREAS THERE ARE NO CRITICAL AREAS ASSOCIATED WITH THIS PROJECT ESC MEASURES - STRUCTURAL PRACTICES STRUCTURAL MEASURES TO BE USED ON THE SITE INCLUDE SILT FENCE (NC E&S MANUAL SPEC. 6.62.5), GRADING (NC E&S MANUAL SPEC. 6.02.1), TEMPORARY SOIL STOCK PILE (NC E&S MANUAL SPEC. 6.04.1), CONSTRUCTION ENTRANCE (NC E&S MANUAL SPEC. 6.06.1), AND CONCRETE WASHOUT. ALL MEASURES SELECTED ARE STANDARD ESC ITEMS FOR THIS APPLICATION. ANY DISTURBED AREA DENUDED FOR SEVEN DAYS THAT IS NOT IN ACTIVE WORK AREA TO BE TEMPORARILY SEEDED. ESC MEASURES - VEGETATIVE PRACTICES VEGETATION PRACTICES INCLUDE TEMPORARY AND PERMANENT SEEDING (NC E&S MANUAL SPEC. 6.10.1 & 6.11.1). PERMANENT STABILIZATION 1. UNTIL AN ADEQUATE ROOT SYSTEM IS ESTABLISHED AND IN THE ABSENCE OF ADEQUATE RAINFALL, SODDING (OR WHATEVER VEGETATION IS USED) SHALL BE IRRIGATED AS OFTEN AS NECESSARY TO MAINTAIN MOIST SOIL TO A DEPTH OF 4 INCHES. IN GENERAL, WATERING SHALL BE PERFORMED IN ACCORDANCE WITH THE NC E&S MANUAL. ALL AREAS DISTURBED BY CONSTRUCTION SHALL BE STABILIZED WITH PERMANENT SEEDING IMMEDIATELY FOLLOWING FINISHED GRADING. SEEDING SHALL BE DONE ACCORDING TO STD. AND SPEC. 6.11.1, PERMANENT SEEDING, OF THE NC HANDBOOK. EROSION CONTROL BLANKETS WILL BE INSTALLED OVER FILL SLOPES WHICH HAVE BEEN BROUGHT TO FINAL GRADE AND HAVE BEEN SEEDED TO PROTECT THE SLOPES PROPERLY. MULCH (STRAW OR FIBER) WILL BE USED ON RELATIVELY FLAT AREAS. IN ALL SEEDING OPERATIONS, SEED FERTILIZER AND LIME WILL BE APPLIED PRIOR TO MULCHING. FINAL STABILIZATION IS CONSIDERED COMPLETED WHEN 100% OF THE DISTURBED SOIL SURFACE IS UNIFORMLY COVERED IN PERMANENT VEGETATION WITH A DENSITY OF 70% OR GREATER. STORM WATER RUNOFF CONSIDERATIONS THE NATURAL DRAINAGE CONDITION FROM THE THE PROPOSED SITE WILL BE MAINTAINED TO THE GREATEST EXTENT POSSIBLE. ALL DRAINAGE FROM THE DISTURBED AREA WILL BE IN SHEET FLOW.. MANAGEMENT STRATEGIES 1. CONSTRUCTION WILL BE SEQUENCED SO THAT GRADING OPERATIONS CAN BEGIN AND END AS QUICKLY AS POSSIBLE. 1. TEMPORARY SEEDING OR OTHER STABILIZATION WILL FOLLOW IMMEDIATELY AFTER GRADING. SEE NC E&SC HANDBOOK 6.10.1 & 6.11.1 FOR SEEDING SPECIFICATION. 2. SEASONAL NURSE CROP MAY BE REQUIRED. 3. AREAS WHICH ARE NOT TO BE DISTURBED WILL BE CLEARLY MARKED BY FLAGS, SIGNS, ETC. 4. THE JOB SUPERINTENDENT SHALL BE RESPONSIBLE FOR THE INSTALLATION AND MAINTENANCE OF ALL ESC PRACTICES. 5. AFTER ACHIEVING ADEQUATE STABILIZATION THE TEMPORARY ESC MEASURES WILL BE CLEANED UP FROM ACCUMULATED SEDIMENT AND REMOVED, ONLY AFTER APPROVAL OF THE JURISDICTION ESC INSPECTOR. GENERAL NOTES 1. GENERAL CONTRACTOR MAY RELOCATE OR REVISE EROSION AND SEDIMENT CONTROLS AS DEEMED NECESSARY DURING CONSTRUCTION TO MAINTAIN PROPER SEDIMENT CONTROL. 2. ALL EXISTING UNDERGROUND AND ABOVE GROUND UTILITIES TO BE RELOCATED AS NECESSARY TO ACCOMMODATE THE PROPOSED IMPROVEMENTS. THE CONTRACTOR IS RESPONSIBLE FOR CONTACTING LOCAL UTILITY COMPANIES PRIOR TO CONSTRUCTION. 3. ALL ONSITE DRAINAGE EASEMENTS INCLUDING STORMWATER/B.M.P. DRAINAGE EASEMENTS MUST BE RECORDED PRIOR TO ISSUANCE OF A BUILDING PERMIT FOR THIS PROJECT. UNDERGROUND UTILITY LINE INSTALLATION: UNDERGROUND UTILITY LINES SHALL BE INSTALLED IN ACCORDANCE WITH THE FOLLOWING STANDARDS IN ADDITION TO OTHER APPLICABLE CRITERIA: 1. NO MORE THAN 500 LINEAR FEET OF TRENCH MAY BE OPENED AT ONE TIME. 2. EXCAVATED MATERIAL SHALL BE PLACED ON THE UPHILL SIDE OF TRENCHES. 3. EFFLUENT FROM DEWATERING OPERATIONS SHALL BE FILTERED OR PASSED THROUGH AN APPROVED SEDIMENT TRAPPING DEVICE, OR BOTH, AND DISCHARGED IN A MANNER THAT DOES NOT ADVERSELY AFFECT FLOWING STREAMS OR OFF -SITE PROPERTY. 4. MATERIAL USED FOR BACKFILLING TRENCHES SHALL BE PROPERLY COMPACTED IN ORDER TO MINIMIZE EROSION AND PROMOTE STABILIZATION. 5. DESTABILIZATION SHALL BE ACCOMPLISHED IN ACCORDANCE WITH THESE REGULATIONS. 6. COMPLY WITH APPLICABLE SAFETY REGULATIONS. HAY BALE AND PLASTIC WASHOUT PIT HAY BALE AND PLASTIC WASHOUT PIT TO BE BUILT ABOVE GRADE. THE PLASTIC LINING SHOULD BE MINIMUM 10 MIL THICKNESS, FREE OF TEARS OR HOLES THAT WOULD ALLOW THE WASHWATER TO ESCAPE. AFTER THE PIT IS USED TO WASH DOWN THE CHUTES OF MULTIPLE READY MIXED TRUCKS AND THE WASHWATER HAS EVAPORATED OR HAS BEEN VACUUMED OFF, THE REMAINING HARDENED SOLIDS CAN BE BROKEN UP AND REMOVED FROM THE PIT. THIS PROCESS MAY DAMAGE THE HAY BALES AND PLASTIC LINING. IF DAMAGE OCCURS, THE PIT WILL NEED TO BE REPAIRED AND RELINED WITH NEW PLASTIC. WHEN THE HARDENED SOLIDS ARE REMOVED FROM THE PIT. THE WASTE MATERIAL MUST BE RECYCLED OR DISPOSED OF AT AN APPROVE WASTE FACILITY. CONSTRUCTION SEQUENCE AT LEAST 7 DAYS BEFORE STARTING ANY EARTH DISTURBANCE ACTIVITIES, THE OWNER/OPERATOR SHALL INVITE ALL CONTRACTORS INVOLVED IN THOSE ACTIVITIES, THE LANDOWNER, ALL APPROPRIATE MUNICIPAL OFFICIALS, THE EROSION AND SEDIMENT CONTROL PLAN PREPARER, AND THE CONSERVATION DISTRICT TO AN ON -SITE MEETING. ALSO, AT LEAST 3 WORKING DAYS BEFORE STARTING ANY EARTH DISTURBANCE ACTIVITIES, ALL NORTH CAROLINACONTRACTORS INVOLVED IN THOSE ACTIVITIES SHALL NOTIFY THE NORTH CAROLINA ONE CALL SYSTEM "M ISS UTILITY INCORPORATED AT 811 FOR BURIED UTILITIES LOCATIONS. EROSION AND SEDIMENT BMPS MUST BE CONSTRUCTED, STABILIZED, AND FUNCTIONAL BEFORE SITE DISTURBANCE BEGINS WITHIN THE TRIBUTARY AREAS OF THOSE BMPS. ALL EARTH DISTURBANCE ACTIVITIES SHALL PROCEED IN ACCORDANCE WITH THE FOLLOWING SEQUENCE. EACH STAGE SHALL BE COMPLETED BEFORE ANY FOLLOWING STAGE IS INITIATED. CLEARING AND GRUBBING SHALL BE LIMITED ONLY TO THOSE AREAS DESCRIBED IN EACH STAGE. 1. INSTALL ROCK CONSTRUCTION ENTRANCE AND ALL PERIMETER BMP'S AS SHOWN ON THE PLANS. 2. CLEAR TREES AND LIMBS FOR FULL WIDTH OF EASEMENT AND LEASE AREA, GROUND TO SKY. 3. STRIP TOPSOIL FOR THE ACCESS DRIVE AND STORE AT DESIGNATED LOCATIONS AS SHOWN ON THE PLANS OR LOCATION AS AGREED UPON WITH THE CONSTRUCTION MANAGER. 4. BEGIN GRADING AND INSTALL GRAVEL, ROADSIDE DITCHES, AND CULVERTS WITH OUTLET PROTECTION. 5. STRIP TOPSOIL ACROSS COMPOUND AND STORE AT DESIGNATED LOCATIONS AS SHOWN ON THE PLANS OR LOCATION AS AGREED UPON WITH THE CONSTRUCTION MANAGER. 6. GRADE COMPOUND SITE AND INSTALL GRAVEL. IMMEDIATELY STABILIZE FILL AND CUT SLOPES WITH EROSION CONTROL MATTING OR ROCK. 7. ONCE CONSTRUCTION OF COMPOUND AND ACCESS DRIVE IS COMPLETE, BEGIN CONSTRUCTION OF TOWER AND ASSOCIATED FACILITIES AND UTILITIES AS SHOWN ON THE DRAWINGS. 8. IF CONSTRUCTION IS TERMINATED OR SUSPENDED PRIOR TO CONSTRUCTION COMPLETION, ALL EXPOSED SOIL AREAS SHALL BE SEEDED WITH TEMPORARY SEEDING AND MULCHED IMMEDIATELY. 9. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO MAINTAIN ALL SEDIMENT AND EROSION CONTROL FACILITIES IN EFFECTIVE WORKING ORDER DURING CONSTRUCTION AND UNTIL ALL EXPOSED SOIL AREAS HAVE BEEN STABILIZED. IMMEDIATELY AFTER EARTH DISTURBANCE ACTIVITIES CEASE, THE 0/RP SHALL STABILIZE ANY AREAS DISTURBED BY THE ACTIVITIES. DURING NON -GERMINATING PERIODS, MULCH MUST BE APPLIED AT THE SPECIFIED RATES. DISTURBED AREAS WHICH ARE NOT AT FINISHED GRADE AND WHICH WILL BE REDISTURBED WITHIN 1 YEAR MUST BE STABILIZED IN ACCORDANCE WITH THE TEMPORARY VEGETATIVE STABILIZATION SPECIFICATIONS. DISTURBED AREAS WHICH ARE AT FINISHED GRADE OR WHICH WILL NOT BE REDISTURBED WITHIN 1 YEAR MUST BE STABILIZED IN ACCORDANCE WITH THE PERMANENT VEGETATIVE STABILIZATION SPECIFICATIONS. AN AREA SHALL BE CONSIDERED TO HAVE ACHIEVED FINAL STABILIZATION WHEN IT HAS A MINIMUM UNIFORM 70% PERENNIAL VEGETATIVE COVER OR OTHER PERMANENT NON -VEGETATIVE COVER WITH A DENSITY SUFFICIENT TO RESIST ACCELERATED SURFACE EROSION AND SUBSURFACE CHARACTERISTICS SUFFICIENT TO RESIST SLIDING AND OTHER MOVEMENTS. AFTER FINAL SITE STABILIZATION HAS BEEN ACHIEVED, TEMPORARY EROSION AND SEDIMENT BMPS MUST BE REMOVED. AREAS DISTURBED DURING REMOVAL OF THE BMPS MUST BE STABILIZED IMMEDIATELY. •r_�1.���.r_�.�y� 1. THE CONTRACTOR SHALL INSPECT ALL EROSION CONTROL MEASURES PERIODICALLY AND AFTER EACH RUNOFF PRODUCING RAINFALL EVENT. ANY NECESSARY REPAIRS OR CLEANUP TO MAINTAIN THE EFFECTIVENESS OF THE EROSION CONTROL DEVICES SHALL BE MADE IMMEDIATELY. THE FOLLOWING ITEMS WILL BE CHECKED, IN PARTICULAR: 2. THE SILT FENCE BARRIER WILL BE CHECKED REGULARLY FOR UNDERMINING OR DETERIORATION OF THE FABRIC. SEDIMENT SHALL BE REMOVED WHEN THE LEVEL OF SEDIMENT DEPOSITION REACHES HALF WAY TO THE TOP OF THE BARRIER. 3. THE SEEDED AREAS WILL BE CHECKED REGULARLY TO ENSURE THAT A GOOD STAND IS MAINTAINED. AREAS SHOULD BE FERTILIZED AND RE -SEEDED AS NEEDED. 4. CONTRACTOR IS RESPONSIBLE FOR MAINTAINING ECS CONTROLS DURING CONSTRUCTION. 5. INSPECTION TO BE CONDUCTED SHALL BE PER NEW HANOVER COUNTY STANDARDS AND REQUIREMENTS. CONTRACTOR IS RESPONSIBLE FOR SCHEDULING ALL INSPECTIONS. 6. SILT FENCE SHALL BE CHECKED AFTER EACH MAJOR STORM EVENT OR ONCE EVERY FIVE DAYS. SEDIMENT SHALL BE REMOVED AFTER IT BECOMES 1 /3 HEIGHT OF SILT FENCE. 7. ALL VEGETATIVE AND STRUCTURAL EROSION AND SEDIMENT CONTROL WILL BE CONSTRUCTED ACCORDING TO THE STANDARDS AND SPECIFICATIONS OF THE NORTH CAROLINA SEDIMENT AND EROSION CONTROL HANDBOOK, 3RD ED, 1992. TENTATIVE ACTIVITY SCHEDULE MONTH 1 MONTH 2 1 2 3 4 1 2 3 4 INSTALL INITIAL PHASE E&SC BMP'S (START-UP) X X INSTALL INTERMIDIATE PHASE E&SC BMP'S X X X X INSTALL FINAL PHASE E&SC BMP'S X X ROUGH GRADING X X FOUNDATION INSTALLATION X X X UNDERGROUND UTILITIES X X X FINAL GRADING X X X INSTALL AND MAINTAIN TEMPORARY GRASSING DS-2 X X X X X X REMOVE ALL TEMPORARY BMP'S _7FEX GENERAL EROSION AND SEDIMENT CONTROL NOTES: 1. THE OWNER/DEVELOPER MUST NOTIFY THE NEW HANOVER COUNTY AT LEAST 24 HOURS PRIOR TO THE START OF THE CONSTRUCTION IN ACCORDANCE WITH APPLICABLE NEW HANOVER COUNTY ORDINANCES AND POLICIES. 2. THE OWNER/DEVELOPER GRANTS THE RIGHT -OF -ENTRY ON TO THIS PROPERTY TO THE DESIGNATED NEW HANOVER COUNTY PERSONNEL FOR THE PURPOSE OF INSPECTING AND MONITORING FOR COMPLIANCE WITH TITLE 10.01, CHAPTER 5, ARTICLE 4 OF THE CODE OF NORTH CAROLINA, EROSION AND SEDIMENT CONTROL LAW AND THE DESIGN AND CONSTRUCTION STANDARDS MANUAL SECTION 750.04. 3. ALL EROSION CONTROL MEASURES SHOWN ON THE APPROVED PLAN MUST BE IN PLACE AND INSPECTED AND APPROVED BY THE DEPARTMENT OF PUBLIC WORKS PRIOR TO CLEARING, STRIPPING OF TOPSOIL OR GRADING. 4. A COPY OF THE APPROVED EROSION AND SEDIMENT CONTROL PLAN AND PERMIT SHALL BE KEPT ON THE SITE AT ALL TIMES. 5. THE DEVELOPER/DEVELOPERS'S REPRESENTATIVE IS RESPONSIBLE FOR THE INSTALLATION OF ANY ADDITIONAL EROSION CONTROL MEASURES NECESSARY TO PREVENT EROSION AND SEDIMENTATION AS DETERMINED BY NEW HANOVER COUNTY. 6. ALL DISTRIBUTED AREAS ARE TO DRAIN TO APPROVED SEDIMENT CONTROL MEASURES AT ALL TIMES DURING LAND DISTURBING ACTIVITIES AND DURING SITE DEVELOPMENT UNTIL COMPLETE AND ADEQUATE STABILIZATION IS ACHIEVED. 7. WATER MUST BE PUMPED INTO AN APPROVED FILTERING DEVICE DURING DEWATERING OPERATIONS. 8. ALL EROSION AND SEDIMENT CONTROL PRACTICES MUST BE CONSTRUCTED AND MAINTAINED ACCORDING TO THE MINIMUM STANDARDS AND SPECIFICATIONS OF THE NORTH CAROLINA EROSION AND SEDIMENT CONTROL HANDBOOK AND THE NORTH CAROLINA REGULATIONS VR 625-02-00 EROSION AND SEDIMENT CONTROL REGULATIONS AND TO NEW HANOVER COUNTY DESIGN AND CONSTRUCTION STANDARDS MANUAL. THE DEVELOPER/DEVELOPER'S REPRESENTATIVE WILL BE RESPONSIBLE FOR THE INSTALLATION AND MAINTENANCE OF ALL EROSION AND SEDIMENT CONTROL PRACTICES AT ALL TIMES. 9. THE DEVELOPERS/ DEVELOPER'S REPRESENTATIVE SHALL INSPECT ALL EROSION AND SEDIMENT CONTROL MEASURES DAILY AND AFTER EACH SIGNIFICANT RAINFALL THE FOLLOWING ITEMS WILL BE CHECKED IN PARTICULAR: a. SILT FENCE BARRIERS WILL BE CHECKED REGULARLY FOR UNDERMINING OR DETERIORATION OF THE FABRIC. SEDIMENT SHALL BE REMOVED WHEN THE LEVEL OF SEDIMENT DEPOSITION REACHES HALF WAY TO THE TOP OF THE BARRIER. b. SEEDED AREAS WILL BE CHECKED REGULARLY TO ENSURE THAT A GOOD STAND IS MAINTAINED. AREAS SHOULD BE FERTILIZED AND RE -SEEDED AS NEEDED. 10. SEDIMENT TRAPPING MEASURES WILL BE INSTALLED AS A FIRST STEP IN GRADING AND WILL BE SEEDED AND MULCHED IMMEDIATELY FOLLOWING INSTALLATION. 11. PERMANENT SOIL STABILIZATION SHALL BE APPLIED TO DENUDED AREAS WITHIN SEVEN (7) DAYS AFTER FINAL GRADE IS REACHED ON ANY PORTION OF THE SITE. TEMPORARY SOIL STABILIZED SHALL BE APPLIED WITH IN SEVEN (7) DAYS TO DENUDED AREAS THAT MAY NOT BE AT FINAL GRADE BUT WILL REMAIN UNDISTURBED FOR LONGER THAN FOURTEEN (14) DAYS. SEEDING AND SELECTION OF THE SEED MIXTURE SHALL BE IN ACCORDANCE WITH NORTH CAROLINA EROSION AND SEDIMENT CONTROL HANDBOOK STANDARD AND SPECIFICATION 6.11.1. ROADS AND PARKING AREAS SHALL BE STABILIZED WITH SEVEN (7) DAYS AFTER FINAL GRADE IS REACHED. 12. ELECTRIC POWER, TELEPHONE, CABLE T.V. AND GAS SUPPLY TRENCHES SHALL BE COMPACTED, SEEDED AND MULCHED WITHIN FIVE DAYS AFTER BACKFILL 13. ALL TEMPORARY EARTH BERMS, DIVERSIONS AND SILT DAMS SHALL BE MULCHED WITHIN FIVE DAYS AFTER GRADING. STRAW OR HAY MULCH IS REQUIRED. 14. DURING CONSTRUCTION, ALL STORM SEWER INLETS SHALL BE PROTECTED BY INLET PROTECTION MAINTAINED AN MODIFIED DURING CONSTRUCTION AS REQUIRED. 15. AT THE COMPLETION OF ANY PROJECT CONSTRUCTION AND PRIOR TO BOND RELEASE, ALL TEMPORARY SEDIMENT CONTROL MEASURES SHALL BE REMOVED. 16. ALL TEMPORARY EROSION AND SEDIMENT CONTROL MEASURES WILL BE REMOVED WITHIN 30 DAYS AFTER ADEQUATE SITE STABILIZATION AND AFTER THE TEMPORARY MEASURES ARE NO LONGER NEEDED, AS AUTHORIZED BY THE NEW HANOVER COUNTY INSPECTORS. TRAPPED SEDIMENT AND THE DISTURBED SOIL AREAS RESULTING FROM THE DISPOSITION OF TEMPORARY MEASURES WILL BE PERMANENTLY STABILIZED TO PREVENT FURTHER EROSION AND SEDIMENTATION. 17. WHEN SEDIMENT IS TRANSPORTED ONTO A PAVED ROAD SURFACE, THE ROAD WILL BE CLEANED THOROUGHLY AT THE END OF EACH DAY. SEDIMENT WILL BE REMOVED FROM THE ROADS BY SHOVELING OR SWEEPING AND TRANSPORTED TO A SEDIMENT CONTROL DISPOSAL AREA. STREET WASHING WILL BE ALLOWED ONLY AFTER SEDIMENT IS REMOVED IN THIS MANNER. 18. AREAS WHICH ARE NOT TO BE DISTURBED WILL BE CLEARLY MARKED BY FLAGS, SIGNS, ETC. 19. RPA AND FLOOD PLAIN LIMITS SHALL BE CLEARLY MARKED IN THE FIELD BY FLAGS, SIGNS, ETC. 20. TREE SAVE AREAS SHALL BE CLEARLY MARKED IN THE FIELD BY ORANGE SAFETY FENCE. APPROPRIATE TREE PRESERVATIONS SIGNS (WATERPROOF) TO IDENTIFY TREE PRESERVATION AREA SHALL BE LOCATED ON TREE PROTECTIONS FENCING (INCLUDES SUPER SILT FENCING) AND SHOULD BE LOCATED ALTERNATE BETWEEN ENGLISH AND SPANISH EVERY 30 FEET. 21. ORANGE SAFETY FENCE MUST BE INSTALLED AROUND ALL SILT TRAPS AND SEDIMENT BASINS. GRADING NOTES 1. SOILS USED FOR ROADWAY SUBGRADE MUST BE COMPACTED SO THAT THE MINIMUM DRY DENSITY ACHIEVED EXCEEDS 95% OF THE STANDARD PROCTOR MAXIMUM DRY DENSITY. THE CONTRACTOR MAY ONLY USE CUT MATERIAL AS FILL IF IT CAN BE COMPACTED TO 95% OF ITS STANDARD PROCTOR MAXIMUM DRY DENSITY. PROCTOR READING MUST BE INSPECTED AND APPROVED BY A THIRD PARTY DURING ROADWAY CONSTRUCTION. 2. NATIVE TOPSOIL SHALL BE SAVED, STOCKPILED, MULCHED, AND REUSED AS MUCH AS POSSIBLE ON THE SITE. SILTATION FENCE SHALL BE INSTALLED AT THE BASE OF STOCKPILES AT THE DOWNHILL LIMIT TO PROTECT AGAINST EROSION. STOCKPILES WILL BE STABILIZED BY SEEDING AND MULCHING UPON FORMATION OF THE PILES. UPHILL OF THE STOCKPILES, STABILIZED DITCHES AND/OR BERMS WILL BE CONSTRUCTED TO DIVERT STORMWATER RUNOFF AWAY FROM THE PILES. EXCESS CUT SOIL NOT REUSED AS FILL SHALL BE HAULED OFF SITE TO AN APPROVED AND PERMITTED SOIL DISPOSAL SITE AS SOON AS FINAL GRADE HAS BEEN ESTABLISHED. 3. FOR AN EARTH DISTURBANCE ACTIVITY OR ANY STAGE OR PHASE OF AN ACTIVITY TO BE CONSIDERED PERMANENTLY STABILIZED, THE DISTURBED AREAS SHALL BE COVERED BY A MINIMUM UNIFORM 70% PERENNIAL VEGETATIVE COVER OR OTHER PERMANENT NON -VEGETATIVE COVER WITH A DENSITY SUFFICIENT TO RESIST ACCELERATED EROSION AND SUBSURFACE CHARACTERISTICS SUFFICIENT TO RESIST SLIDING AND OTHER MOVEMENTS. 4. ALL EARTHEN FILLS SHALL BE PLACED IN COMPACTED LAYERS NOT TO EXCEED 8 INCHES IN THICKNESS. 5. FILL MATERIALS SHALL BE FREE OF FROZEN PARTICLES, BRUSH, ROOTS, SOD, OR ORGANIC MATERIAL THAT WOULD INTERFERE WITH OR PREVENT CONSTRUCTION OF SATISFACTORY FILLS. ANY ROCK GREATER THAN 12" IN ANY DIRECTION SHOULD BE DISPOSED OF AND NOT USED AS FILL. FILL SHALL NOT BE PLACED ON SATURATED OR FROZEN SURFACES. 6. PLOW, SCARIFY, BENCH, OR BREAK UP SLOPED SURFACES STEEPER THAN 1 VERTICAL TO 4 HORIZONTAL SO FILL MATERIAL WILL BOND WITH EXISTING MATERIAL. IF FILL EXCEEDS 4' IN HEIGHT FROM TOE TO CREST, FILL MUST BE BENCHED AND KEYED IN. SEE DETAIL ES-3 FOR DETAILS. 7. PLACE SOIL FILL ON SUB -GRADES FREE OF ORGANIC MATERIAL, MUD, FROST, SNOW, OR ICE 8. PLACE BACKFILL AND FILL MATERIALS IN LAYERS NOT MORE THAN 8 INCHES THICK IN LOOSE DEPTH COMPACTED BY HEAVY COMPACTION EQUIPMENT, AND NOT MORE THAN 4 INCHES IN LOOSE DEPTH FOR MATERIAL COMPACTED BY HAND OPERATED TAMPERS. 9. UNDER ACCESS ROADS WITH MARGINAL TO EXCESSIVE SLOPES AND MARGINAL SUBGRADE, CLEAR, GRUB AND SCARIFY ROAD AREA. INSTALL ONE LAYER OF GEO-TEXTILE FABRIC (US 160 NW OR EQUIVALENT) AND PIN TO SUBGRADE. INSTALL BASE LAYER, AND TRACK IN WITH A BULLDOZER OR SHEEPSFOOT ROLLER, INSTALL SURFACE LAYER, DRESS ROAD AS REQUIRED AFTER CONSTRUCTION WITH MOTOR GRADER AND COMPACT WITH A VIBRATORY ROAD ROLLER. w z z L-J 0 Q CL O Lu W 0 Lu z C� LLLI 0 Q z 0 cn LLLI LL CE a_ LJ Lu z_ C� z w Lu Lu SKYWAYTOWERS 3637 MACADALA LANE TAMPA, FL 33618 (813) 960-6200 TIC 707A L LY C OO M M 77 CE D. TKK ENGINEERING P.C. LICENCE NO. C-4682 6095 MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD 21075 (410) 712-7092 SKYWAY SITE ID: NC-08899 SKYWAY SITE NAME: MURRAYVILLE PLANTATION ROAD WILMINGTON, NC 28409 NEW HANOVER COUNTY REVISIONS 2 1 11/08/22 1 REVISED CDs I OP 1 1 10/17/22 1 REVISED CDs I OP 0 09/30/22 CONSTRUCTION DRAWINGS OP REV DATE DESCRIPTION BY 1�,0o% CR1R11�i� 'gib EAL p 3868 - GIN rf� Y R i `��` � � BRADLEY R. NEWMAN, P.E. NC PROFESSIONAL ENGINEER LIC. #38681 EROSION & SEDIMENT CONTROL NOTES ES-4 Board of Commissioners - March 6, 2023 ITEM: 12- 11 - 21 NOTE: ALL SILT FENCES ARE TO USE 36 INCH FABRIC AND STAKED WITH 2"X2" HARDWOOD STAKES ON 6' CENTERS 8' max. standard strength fabric with wire fence 6' max. extra strength fabric without wire fence Steel Post Plastic or wire ties Wire °" 18-24" fence Natural ground 8" down & 4" forward along 24" the trench Filter fabric Wire fenc Cross -Section View Filter Steel fabric Backfill trench Natural post and comlpact ground thoroughly �► ° ° min ° ° % °°° ° ° ° ° 0 p„ m°m °° ° O ° ° °°° ° min 24" °m NC E&S HANDBOOK 6.62 SUPER SILT FENCE SUPER SILT FILTER FABRIC FENCE NTS MAXIMUM CLEARING Ah NO STANDARD CONSTRUCTION NUMBER SF NOTES: 1. THE TREE PROTECTIVE BARRIER MUST CONSIST OF ORANGE SAFETY FENCING, NOT LESS THAN THREE FEET HIGH AND SUPPORTED BY WOOD/METAL POLES. 2. THE TREE PROTECTIVE BARRIER WILL NEED TO REMAIN IN PLACE THROUGHOUT CONSTRUCTION. 3. APPROVAL OF TREE PROTECTIVE BARRIER WOULD NEED TO OCCUR PRIOR TO THE ISSUANCE OF A BUILDING PERMIT AND FINAL SITE PLAN APPROVAL. TREE PROTECTION FENCE NTS TP NOTES: 1. THE CONTRACTOR MUST PROVIDE A DESIGNATED AREA FOR CONCRETE WASH —DOWN OF TOOLS, CONCRETE MIXER CHUTES, HOPPERS, AND THE REAR OF THE VEHICLES. THIS AREA MUST HAVE A CONCRETE WASHOUT FACILITY AND SHALL BE CONSTRUCTED TO THE DETAIL SHOWN BELOW. 2. THE CONCRETE WASHOUT FACILITY SHALL BE LOCATED A MINIMUM OF 50 FT FROM STORM DRAINS, OPEN DITCHES, OR WATER BODIES. 3. WASHOUT DISCHARGE FROM THE CLEANING OF CONCRETE TRUCKS, TOOLS AND OTHER EQUIPMENT SHALL NOT BE DISCHARGED INTO STORM DRAINS, OPEN DITCHES, STREETS, OR STREAMS. 4. EXCESS CONCRETE SHALL BE DISPOSED OF ON SITE. ALL EXCESS CONCRETE SHALL BE TRANSPORTED OFF —SITE AND DISPOSED OF PROPERTY. 5. IT IS PROHIBITED TO WASH OUT THE MIXING DRUM OF CONCRETE TRUCKS ON —SITE. CONCRETE WASHDOWN AREA DETAIL NTS Seeding mixture Species Rate (lb/acre) Rye (grain) 120 Annual lespedeza (Kobe in Piedmont and Coastal Plain, Korean in Mountains) 50 Omit annual lespedeza when duration of temporary cover is not to extend beyond June. Seeding dates Mountains —Above 2500 feet: Feb. 15 - May 15 Below 2500 feet: Feb. 1- May 1 Piedmont —Jan. 1 - May 1 Coastal Plain —Dec. 1 -Apr. 15 Soil amendments Follow recommendations of soil tests or apply 2,000 lb/acre ground agricultural limestone and 750 lb/acre 10-10-10 fertilizer. Mulch Apply 4,000 lb/acre straw. Anchor straw by tacking with asphalt, netting, or a mulch anchoring tool. A disk with blades set nearly straight can be used as a mulch anchoring tool. Maintenance Refertilize if growth is not fully adequate. Reseed, refertilize and mulch immediately following erosion or other damage. PROPOSED TEMPORARY SEEDING (NCESCH 6.10.1) RECOMMENDATIONS FOR LATE WINTER TO EARLY SPRING Seeding mixture Species German millet 0) WWI EXIST. GRADE 18" SILT FENCE OR 8" SILT SOXX (OR GREATER) Y) of SEED W/ VDOT FORMULA "C" IF NOT USED WITHIN 20 DAYS. 18" SILT FENCE OR 8" SILT SOXX (OR GREATER) NOTES: ELEVATION 1. INSTALL SILT FENCE DOWNSLOPE OF AREA OF STOCKPILE. 2. PLACE STOCKPILE IN AREAS SHOWN ON EROSION CONTROL PLAN WITHOUT BLOCKING NATURAL DRAINAGE PATTERNS. 3. FOLLOW DIMENSIONS SHOWN ABOVE. HEIGHT SHOULD NOT EXCEED 35 FT. SIDE SLOPES SHOULD NOT BE STEEPER THAN 2(H):1(V). 4. SEED IMMEDIATELY IF MATERIAL IS NOT TO BE USED WITHIN 20 DAYS. FOLLOW "SEEDING, FERTILIZATION SCHEDULE & SPECIFICATIONS." 5. LOCATION(S) AND SIZE(S) OF SOIL STOCKPILES ARE APPROXIMATE AND SHALL BE ADJUSTED PER FIELD AND CONSTRUCTION SEQUENCE CONDITIONS. CONTRACTOR SHALL VERIFY REQUIRED SIZE(S). REQUIREMENTS FROM THE STANDARDS DETAIL MUST BE FOLLOWED FOR STOCKPILES. Rate (lb/acre) 40 TOPSOIL STOCKPILE AND MAINTENANCE NTS In the Piedmont and Mountains, a small -stemmed Sudangrass may be substituted at a rate of 50 lb/acre. Seeding dates Mountains —May 15 -Aug. 15 Piedmont —May 1 -Aug. 15 Coastal Plain —Apr. 15 -Aug. 15 Soil amendments Follow recommendations of soil tests or apply 2,000 lb/acre ground agricultural limestone and 750 lb/acre 10-10-10 fertilizer. Mulch Apply 4,000 lb/acre straw. Anchor straw by tacking with asphalt, netting, or a mulch anchoring tool. A disk with blades set nearly straight can be used as a mulch anchoring tool. Maintenance Refertilize if growth is not fully adequate. Reseed, refertilize and mulch immediately following erosion or other damage. PROPOSED TEMPORARY SEEDING (NCESCH 6.10.1) RECOMMENDATIONS FOR SUMMER Seeding mixture Species Rate (lb/acre) Rye (grain) 120 Seeding dates Mountains —Aug. '15 - Dec. 15 Coastal Plain and Piedmont —Aug. 15 - Dec. 30 Soil amendments Follow soil tests or apply 2,000 lb/acre ground agricultural limestone and 1,000 lb/acre 10-10-10 fertilizer. Mulch Apply 4,000 lb/acre straw. Anchor straw by tacking with asphalt, netting, or a mulch anchoring tool. A disk with blades set nearly straight can be used as a mulch anchoring tool. Maintenance Repair and refertilize damaged areas immediately. Topdress with 50 lb/acre of nitrogen in March. If it is necessary to extent temporary cover beyond June 15, overseed with 50 lb/acre Kobe (Piedmont and Coastal Plain) or Korean (Mountains) lespedeza in late February or early March. PROPOSED TEMPORARY SEEDING (NCESCH 6.10.1) RECOMMENDATIONS FOR FALL LLJ LLI z_ 0 LzLI z 0 Q CL O LL Lu W 0 U W IZ z 0 W In Q z O U) W LL CE W IZ W W z_ C� z LLJ W W W co SKYWAYTOWERS 3637 MACADALA LANE TAMPA, FL 33618 (813) 960-6200 TM TOOTALLY C,0MM Tr IE ID. TKK ENGINEERING P.C. LICENCE NO. C-4682 6095 MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD 21075 (410) 712-7092 SKYWAY SITE ID: NC-08899 SKYWAY SITE NAME: MURRAYVILLE PLANTATION ROAD WILMINGTON, NC 28409 NEW HANOVER COUNTY REVISIONS 2 1 11/08/22 1 REVISED CDs OP 1 1 10/17/22 1 REVISED CDs OP 0 09/30/22 CONSTRUCTION DRAWINGS OP REV DATE DESCRIPTION BY Off' 5 5,N-7 1-EAL3868" q)p, �G I fye R, /! 1111 BRADLEY R. NEWMAN, P.E. NC PROFESSIONAL ENGINEER LIC. #38681 EROSION & SEDIMENT CONTROL DETAILS ES-5 Board of Commissioners - March 6, 2023 ITEM: 12- 11 - 22 Design Criteria Aggregate Size —Use 2-3 inch washed stone. Dimensions of gravel pad — Thickness: 6 inches minimum Width: 12-feet minimum or full width at all points of the vehicular entrance and exit area, whichever is greater Length: 50-feet minimum Location —Locate construction entrances and exits to limit sediment from leaving the site and to provide for maximum utility by all construction vehicles (Figure 6.06a). Avoid steep grades, and entrances at curves in public roads. G so, 0Q t ` 6" min JI 2-3" coarse aggregate Figure 6.06a Gravel entrance/exit keeps sediment from leaving the construction site (modified from Va SWCC). 6.06.1 NC E&S HANDBOOK 6.06.1 CONSTRUCTION ENTRANCE ROCK CONSTRUCTION ENTRANCE NTS HERBACEOUS PLANTS -Seeding recommendations for primary stabilization Successful] development depends on planting date (effectiveness goal: 6 mo. - 3 yrs. without an ongoing maintenance program) NATIVE SPECIES Table 6.11.c op timal Planting Dates Common Name Botanical Name / Cultivar Native / Introduced See Table 6.11.d for variety seedling rates Fertilization/ limestone Ibs/acre Mountains Piedmont coastal Sun/Shade Plains tolerant Wetlands Riparian Buffers Invasive Yes or No Installation / Maintenance Considerations Other information, commentary Switchgrass Panicum vir atum / N A By soil test 12/1-4/15 NR NR Sun NR Vell draine No Responds well to Cave -in -Rock only controlled burns. Mix with 3 to 5 other seed varieties that have similar soil drainage adaptations. Switchgrass Panicum virgaturn / A By soil test 12/1-4/15 1211 - 411 12/1-4/1 Sun NR Vell draine No Responds well to Blackwell N only controlled burns. Mix with 3 to 5 other seed varieties that have similar soil drainage adaptations. Switchgrass Panicum vir atum / N A By soil test 12/1-4/15 12/1 - 4/1 12/1-4/1 Sun NR Veil drainei No Responds well to Shelter only controlled burns. Mix with 3 to 5 other seed varieties that have similar soil drainage adaptations. Switchgrass Panicum virgatum / N A By soil test 12/1-4/15 12/1 - 4/1 12/1-4/1 Sun Yes Yes No Responds well to Carthage I controlled burns. Mix with 3 to 5 other seed varieties that have similar soil drains a adaptations. Switchgrass Panicum virgaturn / N A By soil test 12/1-4/15 12/1 - 4/1 12/1-4/1 Sun No Poorly No Responds well to Kanlow I I drained controlled bums. Mix with 3 to 5 other seed varieties that have similar soil drainage adaptations. Switchgrass Panicum virgaturn / N A B soil test NR 12/1 - 5/1 1/1 - 5/1 Sun No Poorly No Responds well to Alamo drained controlled burns. Mix with 3 to 5 other seed varieties that have similar soil drainage adaptations. Indiangrass Sor hastrum nutans/ N B By soil test 12/1-4115 12/1 - 4/1 12/1-4/1 Sun NR Well No Responds well to Western coastal plain only Rurnsey drained I controlled burns. Mix with 3 to 5 other seed varieties that have similar soil drainage adaptations. Indiangrass Sorghastrum nutans/ N B By soil test 12/1-4/15 12/1 - 4/1 12/1-4/1 Sun NR Well No Responds well to Western coastal plain only Osage drained controlled burns. Mix with 3 to 5 other seed varieties that have similar soil drains a adaptations. PROPOSED PERMANANT SEEDING (NCESCH 6.11.1) SKYWAYTONAaRMS 3637 MACADALA LANE TAMPA, FL 33618 (813) 960-6200 TM IIIZ W LLJ z TOTALLY LY C OO M M77 E [DDo z W TKK ENGINEERING P.C. LICENCE NO. C-4682 6095 MARSHALEE DRIVE, SUITE 300 ELKRIDGE, MD 21075 (410) 712-7092 0 SKYWAY SITE ID: NC-08899 Q SKYWAY SITE NAME: MURRAYVILLE Cr PLANTATION ROAD z WILMINGTON, NC 28409 LIJ NEW HANOVER COUNTY 0 rr 0 U w w z 0 w w Q Q 0 UD W LL W W w w W UD REVISIONS 2 11/08/22 REVISED CDs OP 1 10/17/22 REVISED CDs OP 0 09/30/22 CONSTRUCTION DRAWINGS OP REV I DATE I DESCRIPTION I BY otiSS�a = CL EAL p 3868 Z. Glfy���4�'-4� r'r Y R. � I1�1i1111 BRADLEY R. NEWMAN, P.E. NC PROFESSIONAL ENGINEER LIC. #38681 EROSION & SEDIMENT CONTROL DETAILSI ES-6 Board of Commissioners - March 6, 2023 ITEM: 12- 11 - 23 Farrell, Robert From: noreply@civicpIus.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 Last Name Address City State Zip Code Email Projects available for comment. What is the nature of your comment? Donna Grady 3612 Needle Sound Way Wilmington NC 28409 clarealtvarouo(@vahoo.com PB-S22-03 - Plantation Rd 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 - March 6, 2023 ITEM: 12- 12 - 1 Upload supporting files 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, 1 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. Board of Commissioners - March 6, 2023 ITEM: 12- 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 - March 6, 2023 ITEM: 12- 12 - 3 L �_ ,vim-, -' "� � r.F '-a !.- - -r `r. � w: Fe r '[ +• c- � f�:r w, r L�-J :�i s!•.: � -. ter. _ - ti . r �� + s'.�±iw .-i�'' �rt� �a• �,+'� r. -n .. 'ru'' :O , a�' x,A `r� � . �:. 'f,R t` ".t• .tf-� � y y' 1°'.✓ "!'�. ,.-�a�-�`i -'�: -,�,-r..�e'' :.v �7'—' _a .. - .. .•^_ '. 'aic+wT,'r -:..r: x rLk:a`.�¢"�''y,.r�.,S`':;- �� - . ;r �. 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LO off' 4-AD.1967 TYf /e 0/ 1 C//(124 0 134 14 I IL a L I r 124, n34 0 '9169 123 133 14%730f ail 12 LO a d 7 81-4--5 c% .ai'ovo,Tf, 2eq. 5�rveyor; L /oTD C OF?R E C T E D aAss 60 "D C- kA=� -ZD Q jIl'N �j'01 o w'', o� 1202 �I\9 132 �I - 1402 8¢4' III �I`W 0 0 �42222!m u 0 (In GREP,..NVIEW MAP -SECTION II OF RANCHES NEW HAVL'0..Av/,ER DEVEL�JPMENT GO. HAR r NETT PLANTATION Harnett Township May 17, 1967 N �v H n ov r SCO e ' Ito = JACK PROVOqT R.S. 0 200 400 600 800 11000 �T•!• --S c Q I e in Feet R .4-\ M C. E-k OR1VE � \% AUor117 rct-pe vl�?cr Xlew e or-e 7e �hr,-rZel Cerr f �e 10g& hef-- Wlll'� 11-7 e - r C 0. Cle.-P-A Or' CO 200 1111011111,11"I 1 17 O I III-- _ �I II 121 131"141 12I4�E4) I47�m h Iti�8 � I I I� 899.7'vV�) ��II 00 r N ol�a9 00 121 i�� 130 =111 i4� ��� 150 �I�� 27 `I� 40 � 53 6)1j ILI VL ................... -- Noff � i 1012913 %r.>fhoe /Eoofsf (11!9 149 �l 2 6 CP39 52 000 /"V x14hf-E2erei>(0. 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F1�S"•M.JLrx'�tiil.{.`.L"i'.Lr i�ur �.��^3_�Re`i��.+'t�:_... ..��. .ar•kw.-...�.-T ..�uf .r ..w.....e�-_ -.. _._. �751 _.i .. ri.�' .. riuZ�YJ:Wi..��"ei� '���-�rJ.�-/�TY4G?t+.�.r_. _... .x rt-�.ti. w-..�-.'...-. w � ... ._�av-- ... ...�_�S•���=��t'�: -+...._v-s:ia-�.riae.....��=ct �'i-���.�I-�::`]av ar r.-ti-..... �..�.s__�_�-.�!',.__w.-t Y ��r .....1L:-c'ri-��. >._.�Sfs✓_. .... s. r .A ....._ ...�-..�,'�'4�?..� - �. ='Tw s ..... .i��'.Y: � ..� �.. 1: .35 - S. t Board of Commissioners - March 6, 2023 ►Kr �;. 4_ ,�:-.-�ITEM: 12- 12 - 4 ,.•.=sue . ..-. -- -_ s,. y,�..: - -.'_�. 1'--�` - 1. _^.sx •_ c .•..-a.-.� -.,� ..a$Y. s�•s'�`^-'��-",�.�+.L - - — - - - . � - - . - . ' .. �w..:t-"' „ �� -' �... ,. -... --.--• .-_ _ w. �. - .3 _. c 3u..st, ,e ' r, u z:-rt' - +.ram a 'r. ~.i'+t.. .,�. _ - ..>r , ,c= ". - `? •ors �.✓�:a' - � � 35�.'•�.i�er..- ...� ' s. � =.1�' '-+fit-.r �.i"� ay � ". .P ;i•""y c -•f .. 4-� .h _ N -...�;,..k" s :.F.�,. `� - c- -- - - =:. _,,.. - yi'n. �{ ��J�.c•� - - •_s7_� .� '.- ti-�:- re.�r?....,.._a-- ;+ . } =:'� i '", Cti�� ��,�• �„="4-.n.r- '� _ �. >, «w��.�'�<. rd7 sY � .-x_ _:.r � -'•... - 4 - - �r .'.r ^mil r� - './-� ,. - -x * _'"� - . � �:.r -tik• ` �-• :�=..� z' -�..�. � � ""'s- Book 6534 Page 1679 Prepared by and Return to: Skyway Towers, LLC 3637 Madaca Lane Tampa, FL 33618 Attn: Property Management State: NORTH CAROLINA County: NEW HANOVER APN: R02800-004-012-001 BK: RB 6534 PG: 1679 - 1682 RECORDED: 01 /28/2022 04:23:59 PM BY: STEPHANIE PEREZ DEPUTY NC FEE $26.00 2022003760 NEW HANOVER COUNTY, TAMMY THEUSCH PIVER REGISTER OF DEEDS EXTX $0.00 ELECTRONICALLY RECORDED MEMORANDUM OF AGREEMENT This Memorandum of Agreement is entered into on this day of , 2022, by and between Kenneth R. Parker, Sr. and Eloise T. Parker, husband and wife, with a mailing dddress of 937 Greenhowe Drive, Wilmington, North Carolina 28409 (hereinafter referred to as "Landlord"), and Skyway Towers, LLC, a Delaware limited liability company, having a mailing address of 3637 Madaca Lane, Tampa, Florida 33618 (hereinafter referred to as "Tenant"). Landlord and Tenant entered into a certain Option and Lease Agreement ("Agreement") on the ay of 2022, for the purpose of installing, operating, and maintaining a Communications Tower F ility and other improvements. The property is more fully described in Exhibit 1 attached hereto and made a part hereof (the "Property"). All of the foregoing is set forth in the Agreement. The initial term will be five (5) years ("Initial Term") commencing on the Commencement Date, with ten (10) successive five (5) year renewal options. In the event Landlord receives a bona fide written offer to sell, assign or transfer Landlord's interest under the Agreement and/or the Landlord's rights to receive rents under the terms of the Agreement (the "Rental Stream Offer"), Tenant retains a right of first refusal to match the Rental Stream Offer. 4. This Memorandum of Agreement is not intended to amend or modify, and shall not be deemed or construed as amending or modifying, any of the terms, conditions, or provisions of the Agreement, all of which are hereby ratified and affirmed. 5. In the event of a conflict between the provisions of this Memorandum of Agreement and the provisions of the Agreement, the provisions of the Agreement shall control. The Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors, and assigns, subject to the provisions of the Agreement. Skye,^•, c;+a rn. \Tr_nuuaa_ni r4--.,,;n. hArlA submitted electronically by "skyway Towers, LLC" in compliance with North CaBoliahef CMalts!sNog®mp-rhliarghoaDMbl a documents and the terms of the submitter agreemeF1tE[Mit12_tl2e.,#ew Hanover County Register of Deeds. Book 6534 Page 1680 IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement as of the day and year first above written. "LANDLORD" Kenneth R. Parker, Sr. and Eloise T. Parker, husband and wife t_ By: -vvo Xuld Print Name: Kenneth R. Parker, S Its: Owner/Landlord. Date: iL�G'vi�®�tk By: 4 Print Name: Eloise T. Parker Its: Owner/Landlord Date: / - 2 ,1- LANDLORD ACKNOWLEDGEMENT STATE OF NORTH CAROLINA } } ss: COUNTY OF NEW HANOVER ) BE IT REMEMBERED, that on this day of eVvW.' , 201, before me, the subscriber, a person authorized to take oaths in the State of Washington, Arsonally appeared Kenneth R. Parker, Sr. and Eloise T. Parker, husband and wife, who, being duly sworn on their oath, deposed and made proof to my satisfaction that they are the person(s) named in the within instrument; and I, having first made known to them the contents thereof, they did acknowledge that they signed, sealed, and delivered the s`,mjlfjVivoluntary act and deed for the ses therein con ncd. [Affix Not c`NEY vOTA.9, _ ^ Notary Public, S at f North arolina e,` Print Name: ,Ccl�rz ►rtf 6.� -BL1G C1® My Commission Expires: �R C®UTA ®' [TENANT ACKKNOWLEDGEMENT AND SIGNATURES FOLLOW ON NEXT PAGE] Skyway Site ID: NC-08899-01 Murrayville MOA Board of Commissioners - March 6, 2023 ITEM: 12- 12 - 6 Book 6534 Page 1681 "TENANT" Skyway Towers, LLC, a Delaware limited liability company By: Print Name: Scott M. Behuniak Its: President 6/COO/ Date: TENANT ACKNOWLEDGEMENT STATE OF FLORIDA ) ) ss: COUNTY OF HILLSBOROUGH j TVThe foregoing instrument was acknowledged before me this 2S day of AbOAFY 2022, by Scott M. Behuniak, as President / COO of Skyway Towers, LLC, a Delaware limited liability company, on behalf of the company, who is personally known. [Affix Notary Seal] (�7m(�►/ �/���,�,.�J 1 ,►+n E State of Florida NotaryPublic, State of Florida cCarron PrintName:120ssion 23 29fi958 My Commission Expires: Skyway Site ID: NC-08899-01 Murrayville g4OA oard of Commissioners - March 6, 2023 ITEM: 12- 12 - 7 Book 6534 Page 1682 EXHIBIT 1 DESCRIPTION OF THE PROPERTY The Property is located off Plantation Road, in the County of New Hanover, State of North Carolina 28411 and described as follows: Parcel No.: R02800-004-012-001 Legal Description: PT RANCHES 111/118 SEC 2 GREENVIEW RANCHES Note: This Exhibit may be supplemented or replaced by full legal description based upon a land survey of the Property once a land survey is received by Tenant. Skyway Site ID: NC-08899-01 Murrayvilte0 Ad dar of Commissioners - March 6, 2023 ITEM: 12- 12 - 8 Farrell, Robert From: noreply@civicpIus.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 Last Name Address City State Zip Code Email Projects available for comment. What is the nature of your comment? Kim Jenkins PO Box 3844 Wilmington NC 28406 Kissaaaaamail.com PB-S22-03 - Plantation Rd 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 - March 6, 2023 ITEM: 12- 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 - March 6, 2023 ITEM: 12- 12 - 10 Farrell, Robert From: noreply@civicpIus.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 Last Name Address City State Zip Code Email Projects available for comment. What is the nature of your comment? Charles and Karen Cobb 175 Hells Hollow Drive Blue Ridge GA 30513 kdctarheelaamail.com PB-S22-03 - Plantation Rd 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 - March 6, 2023 ITEM: 12- 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 - March 6, 2023 ITEM: 12- 12 - 12 Farrell, Robert From: Farrell, Robert Sent: Tuesday, February 14, 2023 11:25 AM To: Farrell, Robert Subject: RE: Skyway Special Use Project Robert Farrell (He/Him/His) Senior Current Planner New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7164 p 1 (910) 798-7053 f rfarrell@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com ----- Forwarded Message ----- From: "whslack(c)-yahoo.com" <whslack(o)_yahoo.com> To: Donna Grady <dgrealtygroup yahoo.com> Sent: Thursday, February 2, 2023 at 08:04:08 PM EST Subject: Fw: Skyway Special Use Project Sent from Yahoo Mail for iPad Begin forwarded message On Thursday, February 2, 2023, 8:01 PM whslack yahoo.com My name is William(Bill) Slack. Together with my wife Judith and brother-in-law Jack Timberlake, we own —18 acres in Greenview Ranches a short distance from the proposed project. Not able to find a way to object to the project, I am asking your help and, perhaps Bill Rivenbark or you might assist by forwarding this e-mail to the decision makers on this project My wife and I graduated from New Hanover High school and we love and want the very best for Wilmington and NHC. We have a special bond with my playing in 5 state basketball and baseball championships and playing in the State All-star football game with Roman Gabriel. We want the very best for this area and know the area of interest is the last large underdeveloped area in NHC. We are impressed with the work going on on the west side of the Cape Fear to revitalize and renew that part of the Wilmington skyline. We believe that our leaders would never want to lay the groundwork for a future area that will look anywhere close to what we see on the West Bank of the Cape Fear today This is what this project does in our opinion. Note that this 199 ft tower is twice the height of the Murchison Building. The pictures shown in the project use camera angles to cover up the truth. With all the cables required to stabilize such a structure, this will look awful in a residential area. Perhaps the proponents can find an area north and west of the Cape Fear already being used for transmission towers. Let's not mess up this potentially beautiful area. Board of Commissioners - March 6, 2023 ITEM: 12- 12 - 13 Thank you for your very special consideration to not allow a Special Use Permit on this project. Sent from Yahoo Mail for Pad Board of Commissioners - March 6, 2023 ITEM: 12- 12 - 14 Farrell, Robert From: Jonathan Gordon <jonathangordonnc@gmail.com> Sent: Tuesday, February 14, 2023 9:25 AM To: Farrell, Robert Subject: Fwd: Plantation Road Skyway Towers Project S22-03 Attachments: Plantation Road jpg; Yvonne to Plantation jpg; IMG_6817 (2) jpg; IMG_6818 (2) jpg; IMG_ 6821 (2) jpg; IMG_6820 (2) jpg; IMG_6822 (2) jpg; IMG_6826 (2) jpg ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Mr. Farrell, Thank you for taking my call last week regarding the Skyway Project. I am forwarding an email that I had sent to Commissioner Zapple prior to our conversation. Please take into consideration the additional construction and vehicular traffic will adversely have upon owners' right of ingress and egress. While Plantation Road may be a dedicated Right of Way, its lack of acceptance into the State maintenance program leaves no other option for an owner like me to maintain it myself. Thank you for your time and please do not hesitate to contact me if you have any questions. Jonathan Gordon ---------- Forwarded message --------- From: Jonathan Gordon <ionathangordonnc@gmail.com> Date: Mon, Feb 6, 2023 at 9:56 AM Subject: Plantation Road Skyway Towers Project S22-03 To: <rzapple@nhcgov.com> Cc: <Ipierce@nhcgov.com>, <dhays@nhcgov.com>, <brivenbark@nhcgov.com>, <ibarfield@nhcgov.com> Commissioner Zapple, Thank you for taking the time to discuss this matter via telephone last week. This is a follow up to our conversation regarding matters within this project that will have an impact on lot owners. Other than the previously stated impacts contained in the documentation on file with the application, one matter has been overlooked that could be detrimental and that is the condition of the private road that will be used for ingress and egress to the tower site. I have lived on Plantation Road since 1999 and know most of the land owners in the area. I was not notified of the application process as I am beyond 500 feet of the project site but I am noted as the nearest homeowner in the Staff Project report. Plantation Road was dedicated as a right of way for ingress and egress by plat that was recorded by New Hanover Development Company in the year 1967. Although the road was never accepted by a public entity, the dedication remains and it is used by the property owners as the only way to access properties adjoining Plantation Road. There is a portion of this road that will be used for the construction and access by the tower maintenance personnel where the road is nothing more than a dirt path. Other portions of the road were paved with stone by NCDOT when the Military Cutoff Extension Project cut off our primary access for ingress and egress. This portion of road that was not paved by NCDOT is maintained only by me as I am the only person equipped to do so. This maintenance requires my time, a 50hp tractor, as well as providing the rock to fill any holes that are created in the surface of the road. New Hanover County Staff Report for S22-03, page 8 notes that Plantation Road is the Primary Access Road for the site and the graphic on this page suggests an intersection with Military Cutoff which is incorrect. A 10 foot wide drainage swale cuts Plantation off from Military Cutoff Extension, therefore the only access for the project is what I described in Board of Commissioners - March 6, 2023 ITEM: 12- 12 - 15 the previous paragraph. Additionally the swales located along Plantation Road for stormwater are in need of grave repair and clogged with debris. This has been brought to the attention of County Engineer staff for the past 3 years without any corrective action. Storm events of recent years have caused water levels to rise in the ditches causing the water to breach and flood over the surface of Plantation Road in many locations. Additionally, the other roads that must be traveled to reach an asphalt paved road are roughly over a mile away. From Plantation Road a vehicle must travel onto Yvonne Road which becomes asphalt at Jacqueline Drive. Yvonne Road is gravel and the CFPUA installed water supply lines for its plant from all of the well sites down the center of this road. Taxpayers should not be burdened with additional repairs of this road for the facilitation of a private project. I strongly doubt that any staff member had set foot on this road or the site because I feel that the inadequacies would have been noted in the report. My concern is that Plantation Road will be used for construction and maintenance of this tower but no attention will be given to the condition of the road for access. Heavy equipment as well as tractor trailers that can haul 80,000 Ibs GVW will be frequenting Plantation Road for the duration of construction. Emergency vehicles have struggled in the past to travel these private roads which is a concern to homeowners along the route. I can speak of a few occasions where an ambulance could not travel to homesites which caused a delay in the critical care of two people that may have survived the traumatic events if they could have received primary care from a first responder more quickly. My request is that if the tower site is approved, the Commissioners may apply conditions to the granting of the Special Use Permit. These conditions would be that Skyway Towers pave the surface with asphalt or ABC gravel after applying a Geogrid underlayment to prevent erosion of the traveled surface. They would apply this where the NCDOT stopped applying the gravel and continue it to their site and intersect with the service road that connects to Military Cutoff Road Extension. This is roughly four -tenths of a mile in distance. Additionally, the paved surface is maintained during the construction phase of the tower, as well as one last application of gravel once construction is completed. The tower site is also located in Section II of Greenview Ranches Subdivision as recorded by plat in the NHC Register of Deeds. There are restrictions of record against such construction that this project details. The restrictions are still active within the chain of title for the real property. The restrictions do not require a HOA but note any land owner may bring an enforcement action against a violating party. Does a Special Use Permit approval nullify a Declaration of Restrictions? I am not against growth and economic development in any case, but I do feel that if this concern is not addressed, it will have a financial adverse impact and quality of life impact on every land and homeowner along this road. I would hope that you would address this issue with your fellow Commissioners during the meeting. I have included a map with some labeling that corresponds to photos of the road in its current condition. You will be able to see the fact that it is a mere dirt path. I thank you for taking the time to address the concern and please feel free to contact me at 910-231-9638 should you have any questions. I look forward to the BOC meeting this evening. Sincerely, Jonathan Gordon Board of Commissioners - March 6, 2023 ITEM: 12- 12 - 16 r J ' Tower A Site ' .► A .* Planation Toad S t � i - 1 � r *lectri I Contractina .' Ik Fief T .: Dog Walking & Pet Sitting . r � Yvonne Road _ f w { , �edar rcok'Arabians i IV Legend 7319 Plantation Rd 'i# r y{,•x#� F' *4r+.. TF,rr'.i�■••* x. r 6 JjjjF Ow : _ 4.• "� •j �� �.}may ��,F zd! • r,, *+'f� �� #• 5+5• ��� # Fr'k } ��,. '•.ice 7 ` w w % Firi� !i *ii ry onto Plantation r" r x +'. ;_ #' : { `� ;'. . W. Ro i' 71 Plantation R F• .r+.*,;,,f +-=' ,« a. *ra +5 m Al •%L � " aye { * � t � •��y �,r3� g� : i�� fir•, f � . � �. +: Ap _ YLJt - t 4 •tis�- r,: - li�,�'a'���; 4'F i*, 2 1 Fofo p.+ er r' ' to Nest t oto �_ ,{ � j I. t0 V�feSt + ** �r. Tto des �. to West. faring We4cing East r. 4,,.rTower - y t r 'T # a LT �ii •+.1, y'Y r�' • �'�. t d Site all} ham. 4Y viFr7` _ lob'. * ,• T 'J.]r .' # +r�Ty"` °. *K ;`J F;. ' jb 46 y ��Tr. 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