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Agenda 2023 04-03
NEW HANOVER COUNTY Z07_1N9X91ace] AI A I R W [a]ill 1: 1C4�1c]: 1►1171 Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301, Wilmington, NC 28401 Bill Rivenbark, Chair I LeAnn Pierce, Vice -Chair Jonathan Barfield, Jr., Commissioner I Deb Hays, Commissioner I Rob Zapple, Commissioner Chris Coudriet, County Manager I Wanda Copley, County Attorney I Kym Crowell, Clerk to the Board APRI L 3, 2023 4:00 PM MEETING CALLED TO ORDER (Chair Bill Rivenbark) INVOCATION (Pastor Nigel Smith, Fifth Avenue Baptist Church) PLEDGE OF ALLEGIANCE (Commissioner Rob Zapple) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Adoption of Resolution Recognizing the Efforts of the Greater Wilmington Chamber of Commerce Education Foundation through the Leadership Wilmington Program 3. Approval of February 2023 Tax Collection Reports ESTIMATED MINUTES REGULAR AGENDA ITEMS OF BUSINESS 4. Consideration of National Public Health Week Proclamation 5. Consideration of Child Abuse Prevention Month Proclamation 15 6. Update on American Rescue Plan Framework 15 7. Consideration of a Contract Between the New Hanover County Recycling & Solid Waste Department and Archaea Energy Operating, LLC to Design, Build, and Operate a Landfill Gas to Renewable Natural Gas (RNG) Facility 45 8. Public Hearing NOTE: A request to continue this item has been received. Rezoning Request (Z23-03) — Request by James Yopp with River Road Construction, LLC and Hoosier Daddy, LLC, applicant and property owner, to rezone 29 parcels totaling approximately 42.10 acres of land, including 5741 Carolina Beach Road and 18 unaddressed parcels on Shiloh Drive north of Manassas Drive, from R-15, Residential to (CZD) R-5, Residential Moderate High Density for 10 single-family residential lots and 327 residential townhomes with associated open space and amenity center. (See page 1 of the attached staff report for a reference map) 45 9. Public Hearing NOTE: A request to continue this item has been received. Rezoning Request (Z23-07) - Request by Cindee Wolf with Design Solutions, applicant, on behalf of Ernest Faison 11, property owner, to rezone approximately 0.96 acres of land located at 6505 Carolina Beach Road from R- 15, Residential to (CZD) B-2, Regional Business to convert an existing single - Board of Commissioners - April 3, 2023 family home for a contractor's office with an accessory structure and outside storage and other limited commercial uses. (See page 1 of the attached staff report for a reference map.) 45 10. Public Hearing Rezoning Request (Z23-01) - Request by David Long with Castle Hayne Development Group, LLC, applicant, on behalf of James Stone with Ashton & Avery, LLC, property owner, to rezone four parcels totaling approximately 11.5 acres of land located at 3400 Castle Hayne Road from R-20, Residential, to CZD B-2, Regional Business for general retail and outdoor display. (See page 1 of the attached staff report for a reference map.) 45 11. Public Hearing Rezoning Request (Z23-08) - Request by Cindee Wolf with Design Solutions, applicant, on behalf of Bayshore Estates, I NC, property owner, to rezone approximately 2.74 acres of land located at 7620 Market Street from R-15, Residential to (CZD) B-1, Neighborhood Business for a two-story commercial structure and to remove the Special Highway Overlay District (SHOD) from the property and other limited commercial uses. (See page 1 of the attached staff report for a reference map.) PUBLIC COMMENTS ON NON -AGENDA ITEMS (limit three minutes) ESTI MATED MINUTES ADDITIONAL AGENDA ITEMS OF BUSINESS 12. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 13. ADJOURN Note: Minutes listed for each item are estimated, and if a preceding item takes less time, the Board will move forward until the agenda is completed. Mission New Hanover County is committed to providing equitable opportunities and exceptional public services through good governance to ensure a safe, healthy, secure and thriving community for all. Vision A vibrant, prosperous, diverse coastal community committed to building a sustainable future for future generations. Core Values Professionalism - Equity - Integrity - Innovation - Stewardship - Accountability Board of Commissioners - April 3, 2023 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:4/3/2023 Consent DEPARTMENT: Governing Body PRESENTER(S): Kym Crowell, Clerk to the Board CONTACT(S): Kym Crowell SU BJ ECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the following meetings: Special Meeting held on March 14, 2023 Budget Work Session, Agenda Review, and Closed Session held on March 16, 2023 Regular Meeting held on March 20, 2023 STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Board of Commissioners - April 3, 2023 ITEM: 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:4/3/2023 Consent DEPARTMENT: County Manager PRESENTER(S): Chair Rivenbark and Vice -Chair Pierce CONTACT(S): Chris Coudriet, County Manager SU BJ ECT: Adoption of Resolution Recognizing the Efforts of the Greater Wilmington Chamber of Commerce Education Foundation through the Leadership Wilmington Program BRIEF SUMMARY: The Greater Wilmington Chamber of Commerce Education Foundation requested a resolution recognizing its efforts through the Leadership Wilmington program. Chair Rivenbark and Vice -Chair Pierce will be participating in the April 4, 2023 politics and government session and will present the resolution at that time. STRATEGIC PLAN ALIGNMENT: • Superior Education & Workforce o Support the private sector's need for talent to fill higher -wage jobs ■ Partner with businesses and education community to support talent pipeline development RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt resolution. ATTACHMENTS: Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Board adopted resolution 4-0. Board of Commissioners - April 3, 2023 ITEM: 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION RECOGNIZING THE EFFORTS OF THE GREATER WILMINGTON CHAMBER OF COMMERCE EDUCATION FOUNDATION THROUGH THE LEADERSHIP WILMINGTON PROGRAM WHEREAS, the objective of Leadership Wilmington is to educate, challenge and motivate citizens and to develop future leaders to work for the betterment of our community; and WHEREAS, the program consists of ten sessions to promote leadership skills, community issues and challenges, regional social and economic change, diversity, equity, and inclusion; and WHEREAS, the Leadership Wilmington members work together and individually to plan and execute a day of service for schools and nonprofits, known as Work on Wilmington; and WHEREAS, Leadership Wilmington is committed to providing a continuous, diverse supply of creative leaders to the community by developing their knowledge of the region and providing them the opportunity for meaningful action. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners recognizes the Leadership Wilmington Class of 2023 and the Greater Wilmington Chamber of Commerce Education Foundation for their commitment and dedication for contributing to the quality of life in New Hanover County and surrounding areas. ADOPTED this the 3rd day of April, 2023. NEW HANOVER COUNTY William E. Rivenbark, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - April 3, 2023 ITEM: 2 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:4/3/2023 Consent DEPARTMENT: Tax PRESENTER(S): Allison Snell, Tax Administrator CONTACT(S): Trina Baxley, Collections Supervisor SU BJ ECT: Approval of February 2023 Tax Collection Reports BRIEF SUMMARY: NCGS 105-350 requires the Tax Collector to submit a report showing the amount of taxes collected. Overall collection percentages for February 2023 are ahead of overall collections for February 2022. The report for February 2023 in comparison to February 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 February 2022 98.40 94.32 100.00% 98.20% $200,732,314.16 February 2023 98.51% 96.10 100.00% 98.41% $201,791,024.73 February 2022 February 2023 98.38% 94.30% 100.00% 98.29% $20,860,916.84 $221,593,231.00 February 2022 98.36% 95.59% 100.00% 98.24% $12,877,078.04 STRATEGIC PLAN ALIGNMENT: 98.47% 95.78% 100.00 98.36 $15,410,156.66 $217,201,181.39 February 2023 98.44% 96.36% 100.00 98.36% $13,280,808.49 Board of Commissioners - April 3, 2023 ITEM: 3 • Good Governance o Strong Financial Performance ■ Proactively manage the county budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the reports. ATTACHMENTS: New Hano\er County Monthly Collection Report for February 2023 New Hano\,er County Debt Ser\ice Collection Report for February 2023 New Hanover County Fire District Monthly Collection Report for February 2023 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4-0. Board of Commissioners - April 3, 2023 ITEM: 3 New Hanover County Monthly Collection Report for February 2023 Current Year 2022-2023 Scroll/Billed Abatements Adjustments Real Estate Personal Property Motor Vehicles Combined $ 182,909,287.95 $ (362,996.57) $ 33,190.03 $ 13,870,234.68 $ (227,392.94) $ 19,418.96 $ 8,569,649.94 $ $ $ 205,349,172.57 $ (590,389.51) $ 52,608.99 Total Taxes Charged Collections to Date *Refunds Write-off $ $ $ $ 182,579,481.41 181,321,103.99 1,461,780.28 72.39 $ $ $ $ 13,662,260.70 13,195,809.64 67,654.08 1,407.74 $ $ $ $ 8,569,649.94 8,569,649.94 $ 204,811,392.05 $ 203,086,563.57 $ 1,529,434.36 $ 1,480.13 Outstanding Balance $ 2,720,085.31 $ 532,697.40 $ $ 3,252,782.71 Collection Percentage 98.51 96.10 100.00 98.41 YTD Interest Collected $ 152,809.70 $ 4,511.68 $ 76,574.14 $ 233,895.52 Total 2022-2023 Collections YTD Prior Years 2012-2021 201,791,024.73 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) $ (152,389.98) $ - $ (358,307.42) Adjustments $ 51,082.59 $ 3,048.32 $ - $ 54,130.91 Total Levy $ 1,377,874.53 $ 4,546,676.93 $ 242,477.60 $ 6,167,029.06 Collections to Date $ 398,388.00 $ 196,218.06 $ 588.82 $ 595,194.88 *Refunds $ 101,251.80 $ 8,490.89 $ 140.53 $ 109,883.22 Write-off $ 23,902.18 $ 302,105.84 $ 123,191.57 $ 449,199.59 Outstanding Balance $ 1,056,836.15 $ 4,056,843.92 $ 118,837.74 $ 6,130,916.99 YTD Interest Collected $ 78,716.52 $ 51,720.43 $ 614.11 $ 131,051.06 Total Prior Year Collections YTD 616,362.72 Grand Total All Collections YTD $ 202,407,387.45 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - April 3, 2023 ITEM: 3 - 1 - 1 New Hanover County Debt Service Monthly Collection Report for February 2023 Current Year 2022-2023 Real Estate Personal Property Motor Vehicles Combined Scroll/Billed $ 13,893,411.38 $ 1,068,189.64 $ 734,561.00 $ 15,696,162.02 Abatements $ (36,470.90) $ (17,357.64) $ - $ (53,828.54) Adjustments $ 2,534.09 $ 1,474.02 $ - $ 4,008.11 Total Taxes Charged $ 13,859,474.57 $ 1,052,306.02 $ 734,561.00 $ 15,646,341.59 Collections to Date $ 13,652,533.77 $ 1,009,663.71 $ 734,561.00 $ 15,396,758.48 *Refunds $ 5,116.35 $ 1,889.20 $ 7,005.55 Write-off $ 15.31 $ 110.55 $ 125.86 Outstanding Balance $ 212,041.84 $ 44,420.96 $ - $ 256,462.80 Collection Percentage 98.47 95.78 100.00 98.36 YTD Interest Collected $ 11,744.99 $ 1,174.93 $ 7,483.81 $ 20,403.73 Total 2022-2023 Collections YTD $ 15,410,156.66 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) $ (13,548.84) $ (32,915.43) Adjustments $ 5,630.02 $ 315.88 $ 5,945.90 Total Levy $ 145,011.84 $ 354,220.55 $ $ 499,232.39 Collections to Date $ 42,730.41 $ 22,107.39 $ $ 64,837.80 *Refunds $ 8,388.43 $ 86.67 $ $ 8,475.10 Write-off $ 9.86 $ 6.79 $ $ 16.65 Outstanding Balance $ 110,660.00 $ 332,193.04 $ $ 442,886.34 YTD Interest Collected $ 8,215.73 $ 5,912.55 $ $ 14,128.28 Total Prior Year Collections YTD 70,490.98 Grand Total All Collections YTD $ 15,480,647.64 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - April 3, 2023 ITEM: 3 - 2 - 1 New Hanover County Fire District Monthly Collection Report for February 2023 Current Year 2022-2023 Scroll/Billed Abatements Adjustments Real Estate Personal Property Motor Vehicles Combined $ 11,767,979.61 $ (45,810.52) $ 4,803.86 $ 1,087,961.39 $ (31,082.13) $ 1,417.82 $ 700,296.20 $ $ $ 13,556,237.20 (76,892.65) 6,221.68 Total Taxes Charged Collections to Date *Refunds Write-off $ $ $ $ 11,726,972.95 11,555,155.55 11,253.31 23.33 $ $ $ $ 1,058,297.08 1,023,531.85 3,904.01 146.62 $ $ 700,296.20 700,296.20 $ $ $ $ 13,485,566.23 13,278,983.60 15,157.32 169.95 Outstanding Balance $ 183,047.38 $ 38,522.62 $ - $ 221,570.00 Collection Percentage 98.44 96.36 100.00 98.36 YTD Interest Collected $ 9,773.71 $ 1,102.28 $ 6,106.22 $ 16,982.21 Total 2022-2023 Collections YTD 13,280,808.49 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) $ (8,993.92) $ - $ (20,655.03) Adjustments $ 34.65 $ - $ 34.65 Total Levy $ 89,119.54 $ 238,909.62 $ 14,856.27 $ 342,885.43 Collections to Date $ 22,409.86 $ 5,880.10 $ 34.75 $ 28,324.71 *Refunds $ 11,415.62 $ - $ - $ 11,415.62 Write-off $ 1,694.14 $ 18,646.26 $ 7,382.13 $ 27,722.53 Outstanding Balance $ 76,431.16 $ 214,383.26 $ 7,439.39 $ 353,698.87 YTD Interest Collected $ 3,648.76 $ 1,141.87 $ 41.98 $ 4,832.61 Total Prior Year Collections YTD 33,157.32 Grand Total All Collections YTD $ 13,313,965.81 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - April 3, 2023 ITEM: 3 - 3 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:4/3/2023 Regular DEPARTMENT: Health and Human PRESENTER(S): Jonathan Campbell, Health Director and Donna Fayko, Health Services & Human Services Director CONTACT(S): Jonathan Campbell SU BJ ECT: Consideration of National Public Health Week Proclamation BRIEF SUMMARY: This year's National Public Health Week theme is "Centering and Celebrating Cultures in Health". All residents are encouraged to recognize that public health is working to reduce the spread of infectious diseases, protect citizens from environmental threats at food and lodging institutions, and promote healthy lifestyles to reduce health disparities and improve outcomes from chronic diseases; while increasing health literacy through health education, which helps in advancing self-sufficiency and sustainability. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: National Public Health Week Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved proclamation 4-0. Board of Commissioners - April 3, 2023 ITEM: 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS NATIONAL PUBLIC HEALTH WEEK PROCLAMATION WHEREAS, the week of April 3-9, 2023, is National Public Health Week, and the theme is "Centering and Celebrating Cultures in Health;" and WHEREAS, our cultures have always shaped our health and we can learn from the communities we are born into and build together with humility and openness; and WHEREAS, a person's health status can differ drastically by zip code due to differences in a community context, environmental quality, access to education, access to health care, access to healthy food, and equitable human services which impact an individual's direct and specific needs; and WHEREAS, public health measures to control and eliminate infectious diseases, improve environmental sanitation, and promote healthy lifestyle practices have been the greatest cause of improved health status and increased life expectancy for the residents of New Hanover County; and WHEREAS, preventable risk factors such as such as physical inactivity, poor nutrition, tobacco use, and excessive alcohol use are leading causes of chronic disease; and six in ten United States (U.S.) adults have a chronic disease and four in ten have two or more; and chronic diseases cause seven of everyten deaths annually in the U.S.; and WHEREAS, the New Hanover County Board of Commissioners is committed to a continued emphasis on prevention in public health, and to helping New Hanover County reach a better state of health through actions outlined in the Healthy North Carolina 2030 objectives; and WHEREAS, the New Hanover County Board of Commissioners encourages all residents to recognize that public health is working to reduce the spread of infectious diseases, protect citizens from environmental threats at food and lodging institutions, promote healthy lifestyles to reduce health disparities, and improve outcomes from chronic diseases, while increasing health literacy through health education which helps in advancing self-sufficiency and sustainability. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that April 3-9, 2023 will be recognized as "Public Health Week" in New Hanover County. The board conveys appreciation and gratitude to the public health professionals who serve New Hanover County every day. ADOPTED this the 3rd day of April, 2023. NEW HANOVER COUNTY William E. Rivenbark, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - April 3, 2023 ITEM: 4 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:4/3/2023 Regular Health and Tonya Jackson, Social Services Director; Donna Fayko, Health & DEPARTMENT: Human PRESENTER(S): Human Services Director; and Mary Beth Rubright, Assistant Social Services Services Director CONTACT(S): Mary Beth Rubright and Tonya Jackson SU BJ ECT: Consideration of Child Abuse Prevention Month Proclamation BRIEF SUMMARY: In 2022, New Hanover County received 3,433 Child Protective Services reports with 1,980 of those reports being accepted for investigation/assessment. New Hanover County is committed to preventing child abuse and calls upon the citizens from all walks of life to increase their participation in efforts to support families, and thereby prevent child abuse and strengthen communities. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: Child Abuse Pre\,ention Month Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved proclamation 4-0. Board of Commissioners - April 3, 2023 ITEM: 5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS CHILD ABUSE PREVENTION MONTH PROCLAMATION WHEREAS, in 2022 New Hanover County received 3,433 Child Protective Services reports with 1,980 of those reports being accepted for investigation/assessment; and WHEREAS, in 2022 in New Hanover County, 300 Child Protective Services reports were found to be in need of ongoing services to ensure child safety and 129 children were placed in foster care; and WHEREAS, all children deserve to have safe, stable, nurturing, and healthy homes and communities that foster their well-being; and WHEREAS, child abuse and neglect are public responsibility affecting both the current and future quality of life of a state; and WHEREAS, parents need support and resources to help cope with stress and nurture their children to grow to their full potential; and WHEREAS, effective child abuse prevention strategies succeed because of partnerships created among citizens, human service agencies, schools, faith communities, health care providers, civic organizations, law enforcement agencies, and the business community; and WHEREAS, New Hanover County is committed to preventing child abuse and calls upon the citizens from all walks of life to increase their participation in efforts to support families, and thereby prevent child abuse and strengthen communities. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that April 2023 will be recognized as "Child Abuse Prevention Month" in New Hanover County. All citizens, community agencies, father groups, medical facilities, elected leaders and businesses are called upon to increase their participation in our efforts to support families, thereby preventing child abuse and strengthening the community in which we live. ADOPTED this the 3rd day of April, 2023. NEW HANOVER COUNTY William E. Rivenbark, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - April 3, 2023 ITEM: 5 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:4/3/2023 Regular DEPARTMENT: County PRESENTER(S): Tim Buckland, Intergovernmental Affairs Manager and Eric Credle, Manager Chief Financial Officer CONTACT(S): Tim Buckland and Eric Credle SU BJ ECT: Update on American Rescue Plan Framework BRIEF SUMMARY: The American Rescue Plan Act was signed into law by President Biden on March 11, 2021. The law called for New Hanover County to receive more than $45.5 million in direct federal aid, paid in two installments, to respond to and recover from the community health and economic impacts of the COVID-19 pandemic. In April 2021, the New Hanover County Board of Commissioners adopted its initial framework to guide the use of funds and amended the plan in July 2021, September 2021, January 2022 and October 2022 based on updated federal rules and guidance as well as emerging needs and priorities. This update — coinciding with the board's adoption of its initial framework two years ago - will provide an update on the framework and request the adoption of a revised framework. STRATEGIC PLAN ALIGNMENT: • Good Governance o Strong Financial Performance ■ Proactively manage the county budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear the presentation and adopt the revised framework. ATTACHMENTS: American Rescue Plan Framework American Rescue Plan Presentation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Hear presentation. Recommend approval. COMMISSIONERS' ACTIONS: Approved 4-0. Board of Commissioners - April 3, 2023 ITEM: 6 Board of Commissioners - April 3, 2023 ITEM: 6 American Rescue Plan Overview New Hanover County will receive $45,543,632 from the American Rescue Plan, which was signed into law by President Biden on March 11, 2021. The funds must be obligated by Dec. 31, 2024, and spent by Dec. 31, 2026. New Hanover County has developed a framework to utilize these funds to strengthen our community. The Board of Commissioners approved the initial framework at its April 5, 2021, board meeting and has approved revisions since then. Each initiative has been vetted by county staff to ensure compliance with the law and the U.S. Treasury Department Rules and Guidance. In some programs, the italicized figure is the administrative cost in addition to the program cost. Broadband Connectivity - $152,500 Broadband Access: A program to connect homes to broadband, focusing on households with children who qualify for Medicaid or Food and Nutrition benefits, for two years in order to increase access and affordability to reliable high-speed internet for students and families. ($152,000) COMPLETED Administrative Cost: $500 Business and Employment Assistance - $4,416,142 New Hanover County's leisure and hospitality sectors were particularly hard hit during the pandemic and the county has undertaken the following: Business Assistance: Business grants, scaled in size based on a business' number of employees, focused on the retail, service, leisure and hospitality sectors and child care facilities. ($2,272,112) COMPLETED Administrative Cost: $15,225 Nonprofit Assistance: Grants to nonprofits that have been negatively impacted and were not able to continue operations at some point during the pandemic. ($661,667) COMPLETED Administrative Cost: $22,138 Job Training: A multi -faceted job training program, administered in partnership with Step Up Wilmington, to include an ongoing paid job training and placement program as well as sector specific training at Cape Fear Community College, long-term case management and on-the-job training with the goal of placing 500 people in full-time employment. ($900,000) Administrative Cost: $45,000 Film crew internship program: In coordination with the Film Partnership of North Carolina, a program providing on-the-job internships and training tailored to the local film industry. ($450,000) Administrative Cost: $50,000 Housing - $4,493,308 The legislation allows assistance to households who have been impacted by the COVID-19 pandemic and for the development of affordable housing, so the county has undertaken the following: Board of Commissioners - April 3, 2023 Updated April 3, 2023 ITEM: 6 - 1 - 1 Mortgage Assistance: Provide assistance to homeowners who are in arrears on mortgages because of impacts from COVID-19. This would be in addition to the $7 million Emergency Rental Assistance Program that is currently underway through the county. ($1,481,564) COMPLETED Administrative Cost: $109,573 Workforce Rental Housing Assistance: A pilot project to provide residents who qualify under workforce housing guidelines by providing direct payments to landlords. ($924,000) Administrative Cost: $1,724 Starway Village Gap Financing: To support the development of nearly 300 affordable housing units off Carolina Beach Road. ($1,896,729) Housing Specialist: A position at the Department of Social Services to provide counseling around housing. ($34,059) COMPLETED Emergency Rental Assistance Program Manager: A position at the Department of Social Services to manage ERAP. ($45,659) COMPLETED Physical and Mental Health - $22,159,556 The well-being and mental health of children, students and seniors suffered during the pandemic and the legislation allows local governments to use funds to mitigate the public health impact of the pandemic. The county will use funds as outlined below to help address these issues and provide long- term positive impacts. With the exception of the infant and toddler initiatives, the intention is to ultimately fold the services into the county's continuation budget. Community Violence Initiatives: To support the Board's commitment to reduce violence in schools and the community through several innovative approaches. ($11,533,329) Mental Health in Schools: Ensure access at each public school to mental health counselors through the county's Health and Human Services Department. ($4,785,990) Mental Health for Seniors: Establish mental health counselors and a mobile health outreach team based at the Senior Resource Center to serve our county's older adults. ($366,146) Virtual Outreach Position: Based at the Senior Resource Center, the position develops and maintains virtual programs for the SRC, which allows broader reach and service delivery. ($106,156) School Nurses: Reclassify two school nurses into school nurse leads and provide one school nurse supervisor through the county's Health and Human Services Department, in addition to the school nurses that the county already provides at each school. ($211,892) Afterschool Transportation: Providing New Hanover County Schools students with transportation needs for afterschool and tutoring programs ($91,000) Health Educator: A health educator position. ($153,874) Senior Resource Center: A congregate site in southern New Hanover County for the Senior Resource Center for meal distribution and social interaction. It also provides for enhanced meal distribution at the SRC's existing sites. ($436,790) Board of Commissioners - April 3, 2023 Updated April 3, 2023 ITEM: 6 - 1 - 2 Senior Resource Center: To cover the costs of providing transportation to seniors for two years. ($223,500) Infant and Toddler Mental Health: Provide two years of recovery -related mental health services for families with infants and toddlers through four county staff positions at Health and Human Services. ($854,040) Infant and Toddler Mental Health Scholarships: To provide scholarships to mental health professionals to earn advanced certificates and training focusing on early childhood mental health. ($100,000) Pandemic Operations Team: Establish a dedicated team of professionals to manage the ongoing pandemic response. ($2,191,651) Addressing Homelessness: Services for New Hanover County's homeless population to include mental and behavioral health services, substance abuse treatment, employment and housing assistance and medical and dental care. ($1,105,188) Infrastructure - $1,626,340 The county will use funds in the following ways: New Hanover County Schools: A space needs analysis study for the New Hanover County school district, examining how to maximize existing space and determine if additional modifications or new construction is needed. ($75,000) Water & Sewer: • Water and sewer infrastructure to support Habitat For Humanity's development of two affordable housing neighborhoods in northern New Hanover County. ($1,116,751) • Bill assistance program ($159,589) COMPLETED Administrative Cost: $25,000 • To extend water and sewer to Eden Village, which is being established to address chronic homelessness in the community. ($250,000) COMPLETED Essential County Government Services - $12,484,581 The American Rescue Plan allows for use of lost revenue funding for essential government services and for "premium pay" for employees who provided essential government services and for testing of the coronavirus, so the county has used funds in the following ways: Essential Services: • Use funds under the Treasury Department's "lost revenue" category to provide essential government services. ($6,817,567) Employee Pay: • Provide employee premium pay in fixed dollar amounts based on an employee's length of service during the pandemic and full- or part-time status. This is in recognition of county staff who have remained on the frontlines, continued important public services, and ensured residents received the help they needed at a time when it was critical. ($5,214,050) COMPLETED Board of Commissioners - April 3, 2023 Updated April 3, 2023 ITEM: 6 - 1 - 3 • Provide additional premium pay for employees working directly in the vaccine response to compensate them for their dedication, long hours and constant work in vaccinating our community and saving lives. ($296,911) COMPLETED Testing: • To provide weekly tests for unvaccinated employees to ensure continuity of service. ($156,053) COMPLETED Reserve and Administration - $211,205 The legislation allows the county to set aside funds as a reserve for potential future allowable expenses as well as funds to administer and provide reports as needed. These funds do not include amounts already factored into individual programs. • A reserve fund for future needs, administration and reporting. ($9,239) • Grants Analyst — Position dedication to administration and reporting of ARP funding ($201,966) Total Amount of Funding Outlined in the County's Plan: $45,543,632 Board of Commissioners - April 3, 2023 Updated April 3, 2023 ITEM: 6 - 1 - 4 American Rescue Plan Two Year Update Tim Buckland Intergovernmental Affairs Manager Eric Credle Chief Financial Officer Background • Signed into law March 2021 • New Hanover County framework adopted three weeks later • Revised as needed • Businesses, households, Nonprofits helped • Numerous initiatives ongoing �d 6 STUDENT'S ART DEPICTS NAWLIVE HEALTHY' LOVE OF COUNTY ANIMAL PROGRAM SAVES ON SHELTER. PG.4 PRESCRIPTIONS. PG.7 ASSOCIATIONNATIONAL e N.C. county gets quick start on ARP investment hl nhm 111" Even during the peaks of the COVID-19 pandemic, auntie. have kept vital aervicea run- ning, a feat that trade -ff-6 fee] like they'd been mhb.g theta m mach. while patting their head.. New H.— County, N.C. gave itself anew ' ands -(h. Intmduuing an 1—t, -petad-ns teatnapwill give the aunty's Health and Human Services C-ns-]tdaled Agen- cy the &—bility to respond m re.idenffi' nees w dith-ul hint% etas[ away fmm their re.p-n- sihdine.. It'. -ne pact -f the aunty. mh— and mWd-£ac- eted reap -rise to the pandemic mine fundine from the Amer - When hid-g is complete, the cmmty will have several par- _ tmel dedicated entirely to pandemic-pemli-n., includ. mg aesong, vacci-anon, Im-s1. nsadmini— i— antacl cing,-uaeach t- historically =i„ad p-pul— and n c'Wedidnmhave an epide- miologist on stall anywhere to the c-arty,- kTk. said_ -Soon we']I have someone who can full— the science, make sure they're aware -f aLL the Chang. es ming down fmm the Iex- pertaI and he pmacnve. They cant--kat-uruendsandi.— cast what we an expert h-m Ihepndemic:' Though the pandemic -p- etatf-ns tam. will 'inivai be funded fmm the S45.4 mil - Donnafay\-,d5rerlorof Yew Hanatr. C-only. N.C., Health and I]-- S— i— d-p--,, .peaks 1- Caanly New.genior W rf[ar Charlie ban about aspens -f [he e-wtlys epending plan far Amerlean 11—mePlan funding. NACo➢IghvlCatnmu-l-a[iwt. Manager Hugh Clarke rear We Interview for NACo's'Hnmld Saori-s'cam paign.(See awry, 1*.) Ph bf Aks R11 Omicron surge tests counties by Oak -fa Hendricks and .],yt-ckedng infection Oec. 27 and Ian. 10, arc-rd- staff wr rates. They're m edng chase ing to the US. Uepttmem -f quilt es wish motile --Health and Human Servicesl Completed programs • Business assistance • Nonprofit assistance • Mortgage assistance • Water bill assistance • Broadband access (applications closed —assistance ongoing) • Eden Village affordable housing infrastructure • Essential employee recognition Continuing Programs • Job training • Film industry internships • Mental Health and Senior Support Services • Pandemic Operations • Addressing community violence • Affordable housing Financial Summary Broadband Connectivity Business & Employment Assistance Oq Housing Physical & Mental Health Infrastructure Essential County Government Services Reserve & Administration Total Programs $..A 152,500 4/446/142 4,187, 744 21,202,556 1,551,340 12,605,232 1,398,118 $ 45,543,632 ANEdIL 152,500 (30,000) 4/416/142 305,564 41493,308 957,000 221159,556 75,000 1,6261340 (120,651) 12,484,581 (1,186,913) 211,205 0 45/543/632 ,519 3,564,891 3,523,957 7,792,657 602,775 8,6121684 162,583 24/295/066 Changes from Prior Update Business Assistance program - Grants being repaid to NHC, program complete Mortgage Assistance - Program complete (remove remaining balance of $18,436) Workforce Rental - Expansion/extension of program (add $324,000) School Mental Health - extension of program for another fiscal year (add $1,119,000) Afterschool Transportation - contract reduction (remove $509,000) Pan Ops - reduction in need (remove $718,000) Community Resource Coordinators (remove $35,000) PCU - additional funds needed (add $1,100,000) Schools demographics and space/facilities study Premium Pay - program complete (remove remaining balance of $70,761) Employee vaccine response - program complete (remove remaining balance of $49,890) Funds reassigned to areas above Questions NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:4/3/2023 Regular DEPARTMENT: Environmental Management PRESENTER(S): Joe Suleyman, Environmental Management Director CONTACT(S): Joe Suleyman SU BJ ECT: Consideration of a Contract Between the New Hanover County Recycling & Solid Waste Department and Archaea Energy Operating, LLC to Design, Build, and Operate a Landfill Gas to Renewable Natural Gas (RNG) Facility BRIEF SUMMARY: After due advertisement, New Hanover County's Recycling and Solid Waste Department accepted a total of five (5) sealed bids for the design, construction, and operation of a landfill gas -to -energy facility. All proposals were evaluated based on criteria such as experience, project approach, and revenue potential. After review, Archaea Energy's proposal was selected as the most advantageous to the county. New Hanover County's Recycling and Solid Waste Department ("Department") currently maintains a series of landfill gas collection wells to manage the methane that is created when solid waste decomposes. Quantities of landfill gas were sufficient to explore various options available to monetize this resource. A Request for Proposals (RFP) elicited a total of five responses from the private sector. After review of these proposals, Archaea Energy was selected and a contract negotiated and finalized. Upon execution of the agreement, Archaea will have 2 years to construct the facility, including an interconnect to Piedmont Natural Gas' pipeline located along Highway 421. Upon attaining the commercial operation date, Archaea will accept landfill gas that meets quality specifications, condition the gas, and convey it to a pipeline during the initial 20-year term of the Agreement. The Department will receive a fixed annual payment of $300,000, escalated annually based on CPI, and a variable payment based on the quantity of landfill gas received and marketed. STRATEGIC PLAN ALIGNMENT: • Intelligent Growth & Economic Development o Leverage public infrastructure to encourage private investment ■ Align services and infrastructure to support business growth RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve and execute the agreement between New Hanover County Recycling and Solid Waste and Archaea Energy Operating, LLC. ATTACHMENTS: Board of Commissioners - April 3, 2023 ITEM: 7 LFG Contract Evaluation score sheet COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4-0. Board of Commissioners - April 3, 2023 ITEM: 7 EXECUTION COPY LANDFILL GAS RIGHTS AND SITE LICENSE AGREEMENT between NEW HANOVER COUNTY, NORTH CAROLINA and ARCHAEA ENERGY OPERATING LLC Dated April [ ], 2023 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 1 TABLE OF CONTENTS Page RECITALS............................................................................................................................... 1 ARTICLE I DEFINITIONS AND INTERPRETATION SECTION 1.1. DEFINITIONS............................................................................................. 1 SECTION 1.2. INTERPRETATION .................................................................................... 11 (A) References Hereto........................................................................... 12 (B) Gender and Plurality....................................................................... 12 (C) Persons.......................................................................................... 12 (D) Headings........................................................................................ 12 (E) Entire Agreement............................................................................ 12 (F) Technical Descriptions.................................................................... 12 (G) Standards of Workmanship and Materials ....................................... 12 (H) Technical Standards and Codes ...................................................... 13 (I) Causing Performance...................................................................... 13 (J) Cost and Expense of Performance................................................... 13 (K) Assistance...................................................................................... 13 (L) Interpolation................................................................................... 13 (M) Good Industry Practice and Good Engineering and Construction Practice.................................................................... 13 (N) Applicability and Stringency of Contract Standards ......................... 13 (0) Internal Conflict or Discrepancy...................................................... 13 (P) Delivery of Documents in Digital Format ......................................... 14 (Q) Severability..................................................................................... 14 (R) Drafting Responsibility.................................................................... 14 (S) No Third -Party Rights..................................................................... 14 (T) References to Days.......................................................................... 14 (U) References to Include...................................................................... 14 (V) References to Applicable Law........................................................... 15 (W) Reference to Knowledge................................................................... 15 (X) Counterparts.................................................................................. 15 (Y) Governing Law................................................................................ 15 (Z) Defined Terms................................................................................ 15 (AA) Due Dates...................................................................................... 15 ARTICLE II REPRESENTATIONS AND WARRANTIES SECTION 2.1. REPRESENTATIONS AND WARRANTIES OF THE COUNTY ....................... 16 (A) Existence and Powers..................................................................... 16 (B) Due Authorization and Binding Obligation ....................................... 16 (C) No Conflict...................................................................................... 16 (D) No Approvals Required.................................................................... 16 (E) No Litigation................................................................................... 16 (F) No Legal Prohibition........................................................................ 16 (G) Title to Landfill Gas......................................................................... 17 (H) Title to Landfill............................................................................... 17 (i) 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 2 (I) Information Supplied by the County ................................................ (J) Claims and Demands...................................................................... SECTION 2.2. REPRESENTATIONS AND WARRANTIES OF THE COMPANY ..................... (A) Existence and Powers..................................................................... (B) Due Authorization and Binding Obligation ....................................... (C) No Conflict...................................................................................... (D) No Approvals Required.................................................................... (E) No Litigation................................................................................... (F) Claims and Demands...................................................................... (G) Patents and Licenses...................................................................... (H) Applicable Law Compliance............................................................. (I) Practicability of Performance........................................................... (J) Information Supplied by the Company ............................................. (K) Expertise........................................................................................ ARTICLE III TERM 17 17 17 17 17 17 18 18 18 18 18 18 19 19 SECTION 3.1. INITIAL TERM.......................................................................................... 20 SECTION 3.2. RENEWAL AND EXTENSION OPTION ....................................................... 20 ARTICLE IV GRANTING OF CERTAIN RIGHTS TO THE COMPANY; OWNERSHIP, USE AND CONDITION OF THE SITE SECTION 4.1. LICENSE OF THE SITE............................................................................ 21 SECTION 4.2. COUNTY OPERATIONS; COOPERATION WITH COMPANY WITH RESPECT TO COMPANY SERVICES......................................................... 21 SECTION 4.3. NO INTERFERENCE WITH COUNTY OPERATIONS ................................... 22 SECTION 4.4. MEMORANDUM OF RIGHTS.................................................................... 22 ARTICLE V FINANCING CONSTRUCTION OF THE RNG PROJECT SECTION 5.1. PLAN OF FINANCING............................................................................... 23 SECTION 5.2. NO ADJUSTMENT OF AMOUNTS OR OBLIGATIONS ON ACCOUNT OF CHANGE IN FEDERAL OR STATE INCOME TAX LAW AFFECTING OWNERSHIP................................................................. 23 ARTICLE VI DESIGN, PERMITTING AND CONSTRUCTION OF THE RNG PROJECT SECTION 6.1. AGREEMENT TO DESIGN, PERMIT AND CONSTRUCT ............................. 24 (A) Commencement of Design, Permitting and Construction .................. 24 (B) Design............................................................................................ 24 (C) Construction Permit and Design Submittals .................................... 24 (D) Construction Costs......................................................................... 25 (E) Governmental Approvals Necessary for Construction ....................... 25 (F) RNG Project Implementation Schedule and Meetings ....................... 26 (G) Compliance With Law and Other Contract Standards ...................... 27 (H) Engagement of County Project Manager .......................................... 27 (ii) 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 3 (I) Interconnection...............................................................................27 (J) Cooperation.................................................................................... 27 SECTION 6.2. PERSONNEL............................................................................................ 27 (A) Personnel Performance.................................................................... 27 (B) Labor Disputes............................................................................... 28 SECTION 6.3. OWNERSHIP; DISCHARGE OF ENCUMBRANCES ..................................... 28 (A) Ownership...................................................................................... 28 (B) Encumbrances............................................................................... 28 SECTION 6.4. CONSTRUCTION BOOKS AND RECORDS ................................................. 28 ARTICLE VII COMMERCIAL OPERATION OF THE RNG PROJECT SECTION 7.1. TESTING.................................................................................................. 30 (A) Notice............................................................................................. 30 (B) Conduct of RNG Project Tests.......................................................... 30 (C) Test Report..................................................................................... 30 SECTION 7.2. COMMERCIAL OPERATION DATE CONDITIONS ....................................... 30 SECTION 7.3. EFFECT OF UNEXCUSED DELAY; EXTENSION PERIOD .......................... 31 (A) Unexcused Delay............................................................................ 31 (B) Delays Due to Uncontrollable Circumstances .................................. 32 SECTION 7.4. TERMINATION FOR FAILURE TO ACHIEVE COMMERCIAL OPERATION DATE................................................................................... 32 ARTICLE VIII OPERATIONS SECTION8.1. OPERATION............................................................................................. 33 (A) Company Operations Generally....................................................... 33 (B) Shutdowns..................................................................................... 33 (C) Operator.........................................................................................33 (D) RNG Project Operations and Maintenance Manual ........................... 33 SECTION 8.2. MAINTENANCE AND REPAIR................................................................... 34 SECTION 8.3. SAFETY AND SECURITY.......................................................................... 34 (A) Safety Plan..................................................................................... 34 (B) Security..........................................................................................35 (C) Accidents........................................................................................35 SECTION 8.4. EMERGENCIES....................................................................................... 36 (A) Emergency Response Plan............................................................... 36 (B) Emergency Action........................................................................... 36 SECTION 8.5. COMPLIANCE WITH APPLICABLE LAW .................................................... 36 (A) Compliance Obligation.................................................................... 36 (B) Investigations of Non-Compliance.................................................... 36 (C) County Remedies for Non -Compliance ............................................. 37 (D) No Nuisance................................................................................... 37 SECTION 8.6. SCHEDULES, PROCEDURES AND REQUIREMENTS ................................ 38 SECTION 8.7. OPERATING HOURS................................................................................ 38 SECTION 8.8. OPERATING GOVERNMENTAL APPROVALS ............................................. 38 (A) Company Responsibilities............................................................... 38 (B) Non -Compliance and Enforcement .................................................. 39 (C) Reports to Governmental Bodies ...................................................... 39 (D) County Title V Permit...................................................................... 39 SECTION 8.9. ACCESS, INSPECTION AND VISITATION .................................................. 40 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 4 SECTION 8.10. INFORMATION SYSTEM........................................................................... 40 (A) Availability of Records to County ..................................................... 40 (B) Record Documents.......................................................................... 41 SECTION 8.11. PERIODIC MEETINGS AND REPORTS ...................................................... 41 (A) Periodic Meetings............................................................................ 41 (B) Quarterly Report............................................................................. 41 (C) Annual Operations and Financial Reports ....................................... 42 (D) Default Reports............................................................................... 42 (E) Permit Communications and Reports .............................................. 42 SECTION8.12. METERS.................................................................................................. 42 (A) Company Installed Meters and Analyzers ........................................ 42 (B) Operation and Calibration of Meters and Gas Analyzer .................... 42 SECTION 8.13. CONDENSATE......................................................................................... 43 SECTION 8.14. RELEASES, LEAKS AND SPILLS............................................................... 43 (A) Unauthorized Releases Prohibited ................................................... 43 (B) Notification and Reporting............................................................... 43 (C) Cleanup and Costs......................................................................... 43 SECTION 8.15. DISPOSAL OF COMPANY OIL, COOLANT, AND OTHER LIQUIDS .............. 43 SECTION 8.16. TRAINING OF COUNTY PERSONNEL........................................................ 43 (A) Training..........................................................................................43 (B) Compensation.................................................................................44 SECTION 8.17. METHANE CAPTURE GUARANTEE.......................................................... 44 (A) Methane Capture Guarantee........................................................... 44 (B) Failure to Meet Methane Capture Guarantee ................................... 44 (C) Relief Due to Quality of Landfill Gas ................................................ 44 ARTICLE IX RIGHTS TO LANDFILL GAS; COMPENSATION TO COUNTY SECTION 9.1. RIGHTS TO LANDFILL GAS...................................................................... 46 (A) Landfill Gas Grant; Quantity and Quality ........................................ 46 (B) Landfill Gas Treatment.................................................................... 46 (C) Restricted Landfill Gas Flow to RNG Project ..................................... 46 SECTION 9.2. CONSIDERATION TO THE COUNTY FOR LICENSE ................................... 46 (A) License Payment............................................................................. 46 (B) Payment......................................................................................... 47 (C) Escalation...................................................................................... 48 (D) Minimum Payment.......................................................................... 49 (E) County Right to Audit........................................................................49 SECTION 9.3. ENVIRONMENTAL ATTRIBUTES............................................................... 49 SECTION 9.4. TAX BENEFITS........................................................................................ 49 SECTION 9.5. DUTY OF GOOD FAITH DEALINGS.......................................................... 50 ARTICLE X OWNERSHIP OF RNG PROJECT; LANDFILL GAS COLLECTION SYSTEM SECTION 10.1. RNG PROJECT AND CAPITAL IMPROVEMENTS AS PERSONAL PROPERTY............................................................................................... 51 SECTION 10.2. LANDFILL GAS COLLECTION SYSTEM ..................................................... 51 ARTICLE XI BREACH, DEFAULT, TERMINATION FOR CAUSE, AND DISPUTE RESOLUTION (iv) 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 5 SECTION 11.1. REMEDIES FOR BREACH........................................................................ 52 SECTION 11.2. EVENTS OF DEFAULT BY THE COMPANY ................................................ 52 (A) Events of Default Not Requiring Previous Notice or Further Cure Opportunity for Termination ................................................. 52 (B) Events of Default Requiring Previous Notice and Cure Opportunity for Termination.......................................................... 53 (C) Other Remedies Upon Company Event of Default ............................ 54 SECTION 11.3. EVENTS OF DEFAULT BY THE COUNTY .................................................. 54 (A) Events of Default Not Requiring Previous Notice or Further Cure Opportunity For Termination ................................................ 54 (B) Events of Default Requiring Notice and Cure Opportunity Termination.................................................................................. 54 (C) Notice and Cure Opportunity.......................................................... 55 (D) Other Remedies Upon County Event of Default ................................ 55 SECTION 11.4. CONVENIENCE TERMINATION SUBSEQUENT TO COMMERCIAL OPERATIONDATE................................................................................... 55 (A) Convenience Termination Due to Uncontrollable Circumstances.............................................................................. 56 (B) Termination Due to Action of Governmental Body or Absenceof Gas.............................................................................. 56 (C) Termination Due to County Failure to Comply with ApplicableLaw.............................................................................. 56 (D) Payment of Amounts Owing Through the Termination Date ............. 57 (E) Completion or Continuance by County ............................................ 57 SECTION 11.5. PAYMENT DISPUTES............................................................................... 57 SECTION 11.6. CUMULATIVE REMEDIES........................................................................ 57 SECTION 11.7. DISPOSITION OF RNG PROJECT AT END OF TERM ................................. 57 (A) County Option to Take Title............................................................ 57 (B) Removal and Restoration................................................................ 58 SECTION 11.8. OBLIGATIONS OF THE COMPANY UPON TERMINATION OR EXPIRATION IF COUNTY TAKES TITLE .................................................... 58 (A) Company Obligations...................................................................... 58 (B) Hiring of Company Personnel.......................................................... 60 (C) Continuity of Service and Technical Support ................................... 61 SECTION 11.9. PROCEDURE FOR TERMINATION............................................................ 61 SECTION 11.10. NO WAIVERS........................................................................................... 61 SECTION 11.11. NO CONSEQUENTIAL OR PUNITIVE DAMAGES ....................................... 61 SECTION 11.12. FORUM FOR DISPUTE RESOLUTION....................................................... 62 SECTION 11.13. NON -BINDING MEDIATION...................................................................... 62 (A) Rights to Request and Decline........................................................ 62 (B) Procedure....................................................................................... 62 (C) Non -Binding Effect.......................................................................... 62 (D) Relation to Judicial Legal Proceedings ............................................. 62 ARTICLE XII SECURITY FOR PERFORMANCE SECTION 12.1. GUARANTY AGREEMENT......................................................................... 63 SECTION 12.2. COSTS OF PROVIDING SECURITY FOR PERFORMANCE .......................... 63 ARTICLE XIII INSURANCE, UNCONTROLLABLE CIRCUMSTANCES AND INDEMNIFICATION (v) 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 6 SECTION 13.1. INSURANCE............................................................................................. 64 (A) Required Insurance......................................................................... 64 (B) Insurers, Deductibles and County Rights ........................................ 64 (C) Certificates, Policies and Notice ....................................................... 64 (D) Maintenance of Insurance Coverage ................................................ 64 SECTION 13.2. UNCONTROLLABLE CIRCUMSTANCE...................................................... 65 (A) Relief from Obligations.................................................................... 65 (B) Notice and Mitigation...................................................................... 65 (C) Conditions to Performance and Schedule Relief ............................... 66 (D) Acceptance of Relief Constitutes Release .......................................... 66 SECTION 13.3. INDEMNIFICATION.................................................................................. 66 (A) Company Indemnification............................................................... 66 (B) County Indemnification................................................................... 67 ARTICLE XIV GENERAL SECTION 14.1. RELATIONSHIP OF THE PARTIES............................................................ 68 (A) Company as Licensee...................................................................... 68 (B) County Not a Partner...................................................................... 68 (C) Company as Owner......................................................................... 68 SECTION 14.2. ASSIGNMENT AND TRANSFER................................................................ 68 (A) By the Company............................................................................. 68 (B) By the County................................................................................. 69 (C) Successors and Assigns.................................................................. 69 SECTION 14.3. CONTRACT ADMINISTRATION MEMORANDA ........................................... 69 (A) Administrative Communications...................................................... 69 (B) Contract Administration Memoranda ............................................... 69 (C) Procedures. Either party may request the execution of a Contract Administration Memorandum .......................................... 69 (D) Effect..............................................................................................70 SECTION 14.4. TIME IS THE ESSENCE/SURVIVAL OR TERMS ........................................ 70 SECTION 14.5. INTEREST ON OVERDUE OBLIGATIONS .................................................. 70 SECTION 14.6. SUBCONTRACTORS................................................................................. 70 (A) Assignment of Subcontracts............................................................ 70 (B) Use.................................................................................................70 (C) Subcontract Terms and Subcontractor Actions ................................ 70 (D) Indemnity for Subcontractor Claims ................................................ 71 SECTION 14.7. ASSIGNMENT OF CERTAIN CONTRACTS ................................................. 71 SECTION 14.8. ACTIONS OF THE COUNTY IN ITS GOVERNMENTAL CAPACITY ............... 71 (A) Rights as Government Not Limited .................................................. 71 (B) No County Waiver of Governmental Approvals ................................. 71 SECTION 14.9. AMENDMENT AND WAIVER..................................................................... 71 SECTION 14.10. ATTORNEY'S FEES.................................................................................. 72 SECTION 14.11. NOTICE OF LITIGATION........................................................................... 72 SECTION 14.12. NOTICES................................................................................................. 72 SECTION 14.13. FURTHER ASSURANCES......................................................................... 73 SECTION 14.14. E-VERIFY COMPLIANCE.......................................................................... 73 (vi) 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 7 APPENDICES A. Description of Landfill B. Description of Site C. Description of RNG Project D. Required Insurance E. RNG Project Tests F. Form of Guaranty Agreement G. Company's Plan of Finance H. RNG Project Purchase Payment Table I. Landfill Gas Quality Standards J. Example Royalty Payment Calculation K. Governmental Approvals Schedule L. LandGEM Model 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 8 LANDFILL GAS RIGHTS AND SITE LICENSE AGREEMENT THIS LANDFILL GAS RIGHTS AND SITE LICENSE AGREEMENT is made and effective this [ ] day of April, 2023 (the "Contract Date") by and between New Hanover County, North Carolina (the "County"), and Archaea Energy Operating LLC, a limited liability company, organized and existing under the laws of the State of Delaware and authorized to do business in the State of North Carolina (the "Company") RECITALS (A) The County owns the New Hanover County Secure Landfill ("Landfill") which produces quantities of landfill gas generated by the decomposition of municipal solid waste. (B) The County desires to sell the landfill gas generated at the Landfill for beneficial use. (C) On November 16, 2021, the County issued a request for proposals (RFP No. 22-0372) for a Landfill Gas to Energy Development Project for the New Hanover County Secure Landfill (the "RFP"). (D) Following review, clarification and evaluation of the five proposals received by the County on February 22, 2022, the County determined that the Company's proposal was the most advantageous to the County. (E) The Company wishes, under the terms of this Agreement, to have the rights to and to utilize landfill gas and to have access to and use of a portion of the Landfill to design, construct, start-up, permit, own and operate and maintain a renewable natural gas project. (F) The County wishes to receive compensation as described herein in return for the sale to the Company of the rights to landfill gas and the license to utilize a portion of the Landfill property to locate a renewable natural gas project. (G) A resolution authorizing the execution and delivery of this Agreement has been duly adopted by the County on April 3, 2023. (H) The execution and delivery of this Agreement by the Company has been duly authorized by all necessary Company action. It is, therefore, agreed as follows: 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 9 ARTICLE I DEFINITIONS AND INTERPRETATION SECTION 1.1. DEFINITIONS. As used in this Agreement the following terms shall have the meanings set forth below: "Acceptable Condensate" means the liquid(s) or solid(s) that condense or precipitate out of the Landfill Gas after the Point of Delivery, except for hazardous condensate or other condensate, liquids or solids that contain material or chemicals added to the Landfill Gas, Collection System or Leachate System which makes such liquids or solids more difficult or expensive to dispose of. "Affiliate" means any person, corporation or other entity directly or indirectly Controlling or Controlled by another person, corporation or other entity or under direct or indirect common control with such person, corporation or other entity. "Agreement" means this Landfill Gas Rights and Site License Agreement, dated and effective as of the Contract Date, by and between the County and the Company, as the same may be amended or modified from time to time in accordance therewith. "Annual RNG Project Operating Plan" means the annual operating plan for the RNG Project prepared by the Company in accordance with the provisions set forth in Section 8.6. "Appendix" means an appendix to this Agreement, as the same may be amended or modified from time to time in accordance with the terms thereof. "Applicable Law" means any (and all) federal, state, or local statute, law, regulation, ordinance, rule, mandate, judgment, order, decree, permit, code, license requirement, or other governmental requirement or restriction, or any interpretation or administration of any of the foregoing by any Governmental Body that applies to the parties, to the Landfill, to the Site, to the subject matter of this Agreement, or any other transaction or matter contemplated by this Agreement (including any of the foregoing which concern health, safety, fire, environmental protection, gas processing, quality and use, labor relations, mitigation monitoring plans, building codes, nondiscrimination, and the payment of minimum or prevailing wages). "Argus" means Argus Media which provides price indexes, business intelligence and market data for the global energy and commodities markets and produces price assessments and analysis of international energy and other commodity markets. "Bankruptcy Code" means the United States Bankruptcy Code, 11 U.S.C. §§ 101 et seq., as amended from time to time, and any successor statute thereto. "Bankruptcy Code" shall also include any similar state law relating to bankruptcy, insolvency, the rights and remedies of 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 10 creditors, the appointment of receivers or the liquidation of companies and estates that are unable to pay their debts when due. "Capital Improvement" means any repair, rehabilitation replacement, improvement, modification, alteration, expansion or addition to the Landfill Gas Collection System, the RNG Project or any part thereof other than any repair, rehabilitation replacement or alteration constituting normal maintenance of the Landfill Gas Collection System or the RNG Project. "Commercial Operation" means that the RNG Project is fully constructed and operational as demonstrated by satisfying the Commercial Operation Date Conditions. "Commercial Operation Date" means the date on which the Company notifies the County in writing that Commercial Operation has occurred or is deemed to have occurred under Article VII. "Commercial Operation Date Conditions" has the meaning set forth in Section 7.2. "Commercial Quantities" means at least sixty percent (60%) of the projected Landfill Gas shown in the Landfill Gas Emissions Model in any Contract Year (as pro -rated in the first and last Contract Years) provided by the County and set forth on Appendix L hereof; provided further that such Landfill Gas shall meet the Landfill Gas Quality Standards. "Company" means Archaea Energy Operating LLC, a limited liability company organized and existing under the laws of Delaware and its successors and assigns permitted under this Agreement. "Company Fault" means any breach (including the untruth or breach of any Company representation or warranty herein set forth), failure, nonperformance or noncompliance by the Company with respect to its obligations under this Agreement to the extent not directly attributable to any Uncontrollable Circumstance or County Fault, and which materially and adversely affects the County's rights, obligations or ability to perform under this Agreement. "Contract Date" means April [_,] 2023. "Contract Services" means everything required to be furnished and done for the RNG Project pursuant to this Agreement, including the RNG Project Work. "Contract Standards" means the standards, terms, conditions, methods, techniques and practices imposed or required by: (1) Applicable Law; (2) Good Engineering and Construction Practice; (3) Good Industry Practice; (4) the RNG Project Operation and Maintenance Manual; (5) applicable equipment manufacturers' design requirements and recommendations; (6) applicable Insurance Requirements; and (7) any other standard, term, condition or requirement specifically provided in this Agreement to be observed by the Company. 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 11 "Contract Year" means the calendar year commencing on January 1 in any year and ending on December 31; provided, however, that the first Contract Year shall commence on the earlier of the Scheduled Commercial Operation Date and the actual Commercial Operation Date and shall end on the following December 31, and the last Contract Year shall commence on January 1 prior to the date this Agreement expires or is terminated, whichever is applicable, and shall end on the last day of the Term. Any computation made on the basis of a Contract Year shall be adjusted on a pro rata basis to take into account any Contract Year of less than 365/366 days. "Control" (and its correlative terms) means, with respect to any Person, the power, direct or indirect, to direct or cause the direction of the management and policies of such Person whether through ownership of voting securities or ownership interests, by contract or otherwise, and specifically with respect to a corporation, partnership, trust or limited liability company, means direct or indirect ownership of more than fifty percent (50%) of the voting securities in such corporation or of the voting interest in a partnership or limited liability company or of the beneficial interests in a trust. "County" means New Hanover County, North Carolina. "County Fault" means any breach (including the untruth or breach of any County representation or warranty herein set forth), failure, nonperformance or noncompliance by the County with respect to its obligations under this Agreement to the extent not directly attributable to any Uncontrollable Circumstance or Company Fault, and which materially and adversely affects the Company's rights, obligations or ability or costs to perform under this Agreement. "County Indemnitee" means the County and its elected officials, appointed officers, employees, representatives, agents and contractors. "County Title V Permit" means the air permit for the Landfill issued to the County by DEQ, and federally enforceable by the EPA, as amended, revised or modified from time to time. "County Project Manager" means the representative employed or contracted by the County and designated by the County as "County Project Manager" to the Company in writing. "CPI" means the Consumer Price Index for All Urban Consumers (CPI-U) for the South - Utility (Piped) Gas Service. "DEQ" means North Carolina Department of Environmental Quality. "Encumbrances" means any Lien, lease, mortgage, security interest, charge, judgment, judicial award, attachment or encumbrance of any kind with respect to the RNG Project Work, other than Permitted Encumbrances. 3 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 12 "Environmental Attributes" means any emissions, air quality or other aspect, characteristic, claim, credit, benefit, reduction, offset or allowance, howsoever entitled or designated, resulting from, attributable to or associated with the generation, transportation, refinement, processing and/or use of renewable natural gas as a "renewable fuel" (as defined at 40 C.F.R. Part 80.1401), whether existing as of the Contract Date or in the future, and whether as a result of any present or future local, state or federal laws or regulations or local, state, national or international voluntary program, as well as any and all generation attributes under the North Carolina RPS regulations and under any and all other international, federal, regional, state or other law, rule, regulation, bylaw or treaty or other intergovernmental compact, decision, administrative decision, program (including any voluntary compliance or membership program), competitive market or business method (including all credits, certificates, benefits, and emission measurements, reductions, offsets and allowances related thereto) that are attributable, now or in the future, including without limitation (a) any such credits, certificates, benefits, offsets and allowances computed on the basis of the RNG Project's generation using renewable technology or displacement of fossil -fuel derived or other conventional energy generation, including but not limited to low carbon fuel standard credits and/or RINs; (b) any certificates issued in connection with energy generated by the RNG Project or any RECs; (c) all Certified Emission Reductions (CERs); or (d) similar program benefits to any of the foregoing; and (e) all tradable emission allowances or other entitlements or credits to produce emissions issued by a governmental or quasi -Governmental Body, together with all recording or registration rights for the same, in each case, solely to the extent associated with Landfill Gas processed by the RNG Project following the Commercial Operation Date. "Event of Default" means, those items identified in Article XI which may constitute grounds for termination. "Extension Period" means the period commencing on the day after the Scheduled Commercial Operation Date and ending 365 days following the Scheduled Commercial Operation Date, or if one or more delays caused by an Uncontrollable Circumstance occur during such period, the date which is the next business day following the date calculated by adding to the Extension Period the aggregate number of days of such delay. "Fees -and -Costs" means reasonable fees and expenses of employees, attorneys, architects, engineers, expert witnesses, contractors, consultants and other persons, and costs of transcripts, printing of briefs and records on appeal, copying and other expenses reasonably incurred in connection with investigating, preparing for, defending or otherwise appropriately responding to any Legal Proceeding. "Fixed Payment" shall have the meaning set forth in Section 9.2 (A) (3) . W 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 13 "Good Engineering and Construction Practice" means those methods, techniques, standards and practices which, at the time they are to be employed and in light of the circumstances known or reasonably believed to exist at such time, are generally recognized and accepted as good design, engineering, equipping, installation, construction and commissioning practices for the design, construction and improvement of capital assets in the landfill gas -to - renewable natural gas industry as followed in the Southeast region of the United States. "Good Industry Practice" means the methods, techniques, standards and practices which, at the time they are to be employed and in light of the circumstances known or reasonably believed to exist at such time, are generally recognized and accepted as good operation, maintenance, repair, replacement and management practices in the landfill gas -to -renewable natural gas industry as observed in the Southeast region of the United States. "Governmental Approvals" means all orders of approval, permits, licenses, authorizations, consents, certifications, exemptions, rulings, certificates, notifications, entitlements and approvals issued or required by a Governmental Body of whatever kind and however described which are required under Applicable Law to be obtained or maintained by any person with respect to the RNG Project Work or the RNG Project. "Governmental Body" means any federal, state, regional or local legislative, executive, administrative, judicial or other governmental board, agency, authority, commission (including public utility commission), administration, court or other body, or any official thereof having jurisdiction or authority. "Gross Revenues" is the total amount paid to the Company for the sale of RNG and all Environmental Attributes associated therewith, including, but not limited to RINs, and any other revenues generated from the RNG Project, all before netting out any expenses or costs (including RNG Project maintenance and operations costs) associated with the generation of such revenues; provided, however, it is anticipated that auditable, arms length negotiated and market consistent brokerage commissions, sales taxes and similar taxes (not income taxes), and transportation charges will be netted out of payments to the Company and if such items are not netted out and have to be paid separately by the Company, such auditable, arms length negotiated and market consistent costs shall be subtracted from the Gross Revenue. "Guarantor" means BP Corporation North America Inc., a corporation organized and existing under the laws of the State of Indiana, and its permitted successors and assigns. "Guaranty Agreement" or "Guaranty" means the Guaranty Agreement entered into concurrently with this Agreement from the Guarantor to the County in the form set forth in the Transaction Forms, as the same may be amended from time to time in accordance therewith. 0 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 14 "Hazardous Material" means any material which is defined or regulated as a hazardous waste, toxic substance, hazardous substance, hazardous chemical substance or mixture, or asbestos under Applicable Law, as amended from time to time, including, but not limited to: (1) the Resource Conservation and Recovery Act and the regulations contained in 40 CFR Parts 260-281; and (2) the Toxic Substances Control Act (15 U.S.C. Sections 2601 et seq.) and the regulations contained in 40 CFR Parts 761-766. "Initial Term" has the meaning set forth in Section 3.1. "Insurance Requirement" means any rule, regulation, code, or requirement issued by any fire insurance rating bureau or any body having similar functions or by any insurance company which has issued a policy of Required Insurance under this Agreement, as in effect during the Term, compliance with which is a condition to the effectiveness of such policy. "Interconnection" means the physical connection of RNG output from the RNG Project to Piedmont's natural gas transmission network or other the natural gas utility, whether a local distribution company or interstate pipeline, to which the RNG Project is interconnected for the delivery of RNG to third parties. The Interconnection will include but not be limited to metering equipment as required by Piedmont or such other pipeline interconnect. The location of the Interconnection will be determined following the Contract Date and memorialized in an easement agreement, in form and substance reasonably acceptable to the County. "Interconnect Point" means the point at which the RNG Project interconnects with Piedmont or other third -party pipeline provider. "Landfill" means the New Hanover County Secure Landfill located at 5210 U.S. Highway 421 North, Wilmington, North Carolina as more fully described in Appendix A. "Landfill Gas" means any and all gas generated by the aerobic and anaerobic decomposition of solid waste disposed at the Landfill, and collected by the Landfill Gas Collection System. "Landfill Gas Collection System" means (i) the network of recovery wells, headers, gathering systems, and interconnecting pipes existing as of the Contract Date and/or to be constructed, installed, and relocated from time to time by the County on the Landfill, and (ii) the blower -flare facility existing as of the Contract Date and/or to be installed by the County and located on the Landfill, and as the same may be altered or otherwise modified from time to time, and (iii) any equipment related to the collection and management of Landfill Gas before the Point of Delivery including flares, blowers, knockouts, condensate removal systems, pumps, air compressors, gas wells, air lines, gas condensate and collection lines, valves, and meters. For the 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 15 avoidance of doubt, the Landfill Gas Collection System ends at the Point of Delivery and does not include any part or portion of the RNG Project. "Landfill Gas Quality Standards" means those gas quality parameters set forth in Appendix I. "Legal Proceeding" means every action, suit, litigation, administrative proceeding, and other legal or equitable proceeding arising out of the obligations of the parties under this Agreement. "License" has the meaning set forth in Section 4.1. "License Payment" has the meaning set forth in subsection 9.2(A). "Lien" means (a) any mortgage, deed of trust, lien, hypothecation, pledge, encumbrance, charge or security interest in or on such asset, and (b) the interest of a vendor or a lessor under any conditional sale agreement, capital lease or title retention agreement (or any financing lease having substantially the same economic effect as any of the foregoing) relating to such asset. "Loss -and -Expense" means any and all loss, liability, forfeiture, obligation, damage, delay, penalty, judgment, cost, or expense, including all Fees -And -Costs. "MMBTU" means one million British thermal units. "Overdue Rate" means the lesser of (i) the maximum rate of interest permitted by the laws of the State, if applicable, or (ii) the Prime Rate plus 1.5%. "Performance Guarantee" means the Methane Capture Guarantee. "Permitted Encumbrances" means, as of any particular time, any one or more of the following: (1) Encumbrances for Utilities charges, Taxes, rates and assessments not yet delinquent; (2) any Encumbrance arising out of any judgment rendered which is being contested diligently and in good faith by the Company, the execution of which has been stayed or against which a bond or bonds in the aggregate principal amount equal to such judgments shall have been posted with a financially sound insurer (or other security acceptable to the County) and which does not have a material adverse effect on the ability of the Company to operate its business or operations; (3) any Encumbrance arising in the ordinary course of business imposed by law dealing with materialmen's, mechanics', workmen's, repairmen's, warehousemen's, landlords', 7 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 16 vendors' or carriers' Encumbrances created by law, or deposits or pledges which are not yet due or, if due, the validity of which is being contested diligently and in good faith by the Company or any Affiliates and against which the Company has established appropriate reserves; (4) servitudes, licenses, easements, Encumbrances, restrictions, rights -of -way and rights in the nature of easements or similar charges which will not in the aggregate materially and adversely impair the use of the RNG Project by the Company; (5) zoning and building bylaws and ordinances, municipal bylaws and regulations, and restrictive covenants, which do not materially interfere with the use of the RNG Project by the Company as such plant is used; and (6) any extension, renewal, substitution or replacement (or successive extensions, renewals, substitutions or replacements), as a whole or in part, of any of the Encumbrances referred to in clauses (2) through (6) of this definition; provided that such extension, renewal, substitution or replacement Encumbrance, that secured the Encumbrance prior to such extension, renewal, substitution or replacement Encumbrance, shall continue or be thereafter reacquired. "Piedmont" means Piedmont Natural Gas, a business unit of Duke Energy. "Point of Delivery" means the metered point at which the Landfill Gas Collection System connects to the RNG Project as more specifically identified in Appendix B at which point title to Landfill Gas passes to the Company. "Prime Rate" means the interest rate announced from time to time by Citibank, N.A. or any successor thereto as its "prime rate." "Project Implementation Schedule" shall have the meaning set forth in Section 6.1(F). "Renewable Natural Gas Quality Standards" means the gas quality standards required by Piedmont or other third -party pipeline provider for injection of the gas produced by the RNG Project. "Renewal Term" has the meaning set forth in Section 3.2. "Required Insurance" means the required insurance for the Company as set forth in Appendix D. "Resource Conservation and Recovery Act" means the Resource Conservation and Recovery Act, 42 U.S.C.A. § 6901 et seq. (West 1983 & Supp. 1995), as amended and superseded. "RIN" means Renewable Identification Number as defined in 40 CFR Part 80. K 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 17 "RNG Project" means the project to be developed by the Company to beneficially use Landfill Gas generated at the Landfill, including any and all interconnection equipment to be designed, installed or constructed for the project, as described in Appendix C. Section 8.1(D). "RNG Project Operations and Maintenance Manual" means the manual described in "RNG Project Tests" means those tests conducted to demonstrate that the RNG Project is ready for Commercial Operations as set forth in Appendix E. "RNG Project Work" means the employment and furnishing of all labor, materials, equipment, supplies, tools, insurance, temporary facilities and other things and services of every kind whatsoever necessary for the full performance and completion of the Company's design, engineering, permitting, construction, start-up and commissioning, and testing of the RNG Project, interconnecting to Piedmont, achieving the Commercial Operation Date, operation and maintenance of the RNG Project and the sale of RNG and Environmental Attributes. 6.1(A) . "Safety Plan" has the meaning set forth in subsection 8.3(A). "Scfm" means standard cubic feet per minute. "Scheduled Commercial Operation Date" has the meaning set forth in Section "Security Instrument" means the Guaranty Agreement. "Site" means the portion(s) of the Landfill on which the RNG Project will be constructed, as described in Appendix B. "State" means the State of North Carolina. "Subcontract" means an agreement between the Company and a Subcontractor, or between two Subcontractors, as applicable. "Subcontractor" means every person (other than employees of the Company) employed or engaged by the Company or any person directly or indirectly in privity with the Company (including all subcontractors and every sub -subcontractor of whatever tier) in connection with a right or obligation required under this Agreement, whether for the furnishing of labor, materials, equipment, supplies, services, or otherwise. "Tax" means any tax, fee, levy, duty, impost, charge, surcharge, assessment or withholding, or any payment in lieu thereof, and any related interest, penalties or additions to tax. "Tax Benefits" means (a) any renewable energy related tax credits established under Section 38, Section 48 or Section 45 of the Internal Revenue Code, as amended, or any similar or E 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 18 successor provision of the Internal Revenue Code (as well as grants that are obtained by Company that are in lieu of, or were otherwise designed to replicate the benefits of, such tax credits), (b) any voluntary emission reduction credits obtained or obtainable by Company in connection with the generation of energy by the RNG Project; (c) any production tax credits associated with the construction, operation or ownership of the RNG Project; (d) any investment tax credits or other tax credits associated with construction, operation or ownership of the RNG Project; (e) any state, federal or private grants relating to the construction, operation or ownership of the RNG Project or the output thereof; or (f) any other tax benefit associated with construction, operation or ownership of the RNG Project. "Term" has the meaning set forth in Section 3.1. "Termination Date" has the meaning set forth in Section 11.7. "Uncontrollable Circumstance" means any acts, events or conditions to the extent that any such condition (i) is not reasonably foreseeable, (ii) materially and adversely delays or prevents the Company from performing any obligation under this Agreement (except for payment obligations), and (iii) such act, event or condition is beyond the reasonable control of the Company and is not also the result of the willful or negligent act, error or omission or failure to exercise reasonable diligence on the part of the Company as justification for not performing an obligation or complying with any condition required of the Company under this Agreement; provided, however, that the contesting in good faith or the failure in good faith to contest such action or inaction shall not be constructed as willful or negligent action or a lack of reasonable diligence of the Company: (A) With respect to a delay in the Scheduled Commercial Operation Date this shall include, without limitation: W a delay in the construction of the Interconnection to the extent such delay is not caused by the Company; (ii) a delay in the construction of any Utilities, including, without limitation, any electrical interconnect or power infrastructure, to the extent such delay is not caused by the Company; (iii) an unreasonable delay by a Governmental Body or the County (if applicable) to issue permits or approvals relating to the construction of the RNG Project (to the extent set forth in subsection 6.1(E)(2); (iv) the failure of the County to grant the Company reasonable access to the Site without due cause; 10 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 19 (v) landslides, earthquakes, lightning, fires, tornados, hurricanes, floods and other acts of God (not including COVID 19 and similar pandemics except to the extent operations are forced to cease as a result of order of any Governmental Body); provided that for (i)-(v) schedule relief will be available only to the extent such event affects the Project Implementation Schedule as defined in Section 6.1(F). (B) With respect to meeting the Performance Guarantee following the Commercial Operation Date this shall include, without limitation: (i) a change in Applicable Law that prohibits the operation of the RNG Project; (ii) landslides, earthquakes, lightning, fires, tornados, hurricanes, floods and other acts of God (not including COVID 19 and similar pandemics except to the extent operations are forced to cease as a result of order of any Governmental Body). Notwithstanding the foregoing, "Uncontrollable Circumstance" shall exclude (i) changes in market conditions, including such changes affecting the cost of producing RNG, collecting or otherwise making available Landfill Gas, or the sale of RNG or Environmental Attributes, (ii) an economic downturn or economic hardship suffered by the Company, any of their Affiliates or any Subcontractor including increases in costs of financing, construction, operation or maintenance of the RNG Project including due to changes in interest or inflation rates, wage rates, insurance costs, costs of obtaining and maintaining Security Instrument, currency values, exchange rates, or currency fluctuation; (iii) the failure to comply with Applicable Law; (iv) the act or failure to act of any third party contractor of the Company except to the extent such act or failure to act results from an event otherwise within the definition of "Uncontrollable Circumstance"; (v) failure, for any reason, of the Company to obtain and provide financing for the RNG Project; (vi) strikes, work stoppages, or labor disputes involving the personnel of Company, its Affiliates or direct Subcontractors; (vii) union or labor work rules, requirements or demands which have the effect of increasing the number of employees employed by a party or otherwise increasing the cost or burden to a party or its Subcontractor; (viii) mechanical failure of equipment to the extent not resulting from the occurrence of an item listed in (A) or (B) above; and (ix) inability to obtain a Security Instrument. "Utilities" means any and all utility services and installations whatsoever (including gas, water, sewer, electricity, telephone, and telecommunications), and all piping, wiring, conduit, and other fixtures of every kind whatsoever related thereto or used in connection therewith. SECTION 1.2. INTERPRETATION. In this Agreement, notwithstanding any other provision hereof: 11 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 20 (A) References Hereto. The terms "hereby," "hereof," "herein," "hereunder" and any similar terms refer to this Agreement; and the term "hereafter" means after, and the term "heretofore" means before, the Contract Date. (13) Gender and Plurality. Words of the masculine gender mean and include correlative words of the feminine and neuter genders and words importing the singular number mean and include the plural number and vice versa. (C) Persons. Words importing persons include firms, companies, associations, joint ventures, general partnerships, limited partnerships, limited liability corporations, trusts, business trusts, corporations and other legal entities, including public bodies, as well as individuals. (D) Headings. The table of contents and any headings preceding the text of the Articles, Sections and subsections of this Agreement shall be solely for convenience of reference and shall not affect its meaning, construction or effect. (E) Entire Agreement. This Agreement, including the Appendices, contains the entire agreement between the parties hereto with respect to the transactions contemplated by this Agreement. Without limiting the generality of the foregoing, this Agreement shall completely and fully supersede all other understandings and agreements among the parties with respect to such transactions including those contained in the RFP, the proposal of the Company submitted in response thereto, and any amendments or supplements to the RFP or the proposal. (F) Technical Descriptions. The technical descriptions contained in Appendix C are intended to include the basic design principles, concepts and requirements for the RNG Project Work but do not include the final, detailed design, plans or specifications or indicate or describe each and every item required for full performance of the physical RNG Project Work and for achieving the Commercial Operation Date. The Company agrees to prepare all necessary complete and detailed designs, plans, drawings and specifications and to furnish and perform, without additional compensation of any kind, all RNG Project Work in conformity with Appendix C, and the final designs, plans, drawings and specifications based thereon. (G) Standards of Workmanship and Materials. Any reference in this Agreement to materials, equipment, systems or supplies (whether such references are in lists, notes, specifications, schedules, or otherwise) shall be construed to require the Company to furnish the same in accordance with the grades and standards therefor indicated in this Agreement, if any. Where this Agreement does not specify any explicit quality or standard for construction materials or workmanship, the Company shall use only workmanship and new materials of a quality consistent with those consistent with Good Engineering and Construction Practice and Good Industry Practice, as applicable. 12 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 21 (H) Technical Standards and Codes. References in this Agreement to all professional and technical standards, codes and specifications are to the most recently published professional and technical standards, codes and specifications of the institute, organization, association, authority or society specified, all as in effect as of the Contract Date. (I) Causing Performance. A party shall itself perform, or shall cause to be performed, the obligations affirmatively undertaken by such party under this Agreement, subject to any limitations specifically imposed hereby with respect to Subcontractors or otherwise. (J) Cost and Expense of Performance. All obligations undertaken by each party hereto shall be performed at the cost and expense of the party undertaking the obligation, unless the other party has explicitly agreed herein to bear all or a portion of the expense either directly or by reimbursement to the other party. (K) Assistance. The obligations of a party to cooperate with, to assist or to provide assistance to the other party hereunder shall be construed as an obligation to use the party's personnel resources to the extent reasonably available in the context of performance of their normal duties, and not to incur material additional overtime or third party expense unless requested and reimbursed by the assisted party. (L) Interpolation. If any calculation hereunder is to be made by reference to a chart or table of values, and the reference calculation falls between two stated values, the calculation shall be made on the basis of linear interpolation. (M) Good Industry Practice and Good Engineering; and Construction Practice. Good Industry Practice and Good Engineering and Construction Practice shall be utilized hereunder, among other things, to implement and in no event displace or lessen the stringency of, the Contract Standards. In the event that, over the course of the Term, Good Industry Practice or Good Engineering and Construction Practice evolves, the Company shall comply with such evolved Good Industry Practice and Good Engineering and Construction Practice at its cost and expense. (N) Applicability and Stringency of Contract Standards. Each party shall be obligated to comply only with those Contract Standards which are applicable in any particular case. Where more than one Contract Standard applies to any particular performance obligation of the party hereunder, each such applicable Contract Standard shall be complied with. In the event there are different levels of stringency among such applicable Contract Standards, the most stringent of the applicable Contract Standards shall govern. (0) Internal Conflict or Discrepancy. In the event of a conflict or discrepancy between any of the terms or conditions of this Agreement, including any conflict or discrepancy 13 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 22 between the main body of this Agreement and any Appendix or Transaction Agreement Form, the term or condition in the main body shall prevail unless otherwise agreed to by the parties. (P) Delivery of Documents in Digital Format. In this Agreement, the Company is obligated to deliver reports, records, designs, plans, drawings, specifications, proposals and other documentary submittals in connection with the performance of its duties hereunder. The Company agrees that all such documents shall be submitted to the County in printed form (in the number of copies indicated) and, at the County's request, in digital form. Electronic copies shall consist of computer readable data submitted in any standard interchange format which the County may reasonably request to facilitate the administration and enforcement of this Agreement. (Q) Severability. If any clause, provision, subsection, Section or Article of this Agreement shall be ruled invalid by any court of competent jurisdiction, then the parties shall: (1) promptly negotiate a substitute for such clause, provision, subsection, Section or Article which shall, to the greatest extent legally permissible, effect the intent of the parties in the invalid clause, provision, subsection, Section or Article; (2) if necessary or desirable to accomplish item (1) above, apply to the court having declared such invalidity for a judicial construction of the invalidated portion of this Agreement; and (3) negotiate such changes in substitution for or addition to the remaining provisions of this Agreement as may be necessary in addition to and in conjunction with items (1) and (2) above to effect the intent of the parties in the invalid provision. The invalidity of such clause, provision, subsection, Section or Article shall not affect any of the remaining provisions hereof, and this Agreement shall be construed and enforced as if such invalid portion did not exist. (R) Drafting Responsibility. Neither party shall be held to a higher standard than the other party in the interpretation or enforcement of this Agreement as a whole or any portion hereof based on drafting responsibility. (S) No Third -Party Rights. This Agreement is exclusively for the benefit of the County and the Company and shall not provide any third parties (with the exception of the rights of any third -party County Indemnitees as expressly set forth in Article XIII) with any remedy, claim, liability, reimbursement, cause of action or other rights. (T) References to Days. All references to days herein are references to calendar days unless otherwise expressly stated. (U) References to Include. All references to "include" or "including" herein shall be deemed to be followed by the words "but not be limited to" or "without limitation" or words of similar import. 14 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 23 (V) References to Applicable Law. All references to Applicable Law here shall be construed as including all Applicable Law provisions consolidating, amending or replacing the Applicable Law referred to. (W) Reference to Knowledge. All references to "knowledge", "knowing", "know" or "knew" shall be interpreted as references to a party having actual knowledge. N Counterparts. This Agreement may be executed in any number of original counterparts. All such counterparts shall constitute but one and the same Agreement. (Y) Governing Law. This Agreement shall be governed by and construed in accordance with the applicable laws of the State. (Z) Defined Terms. The definitions set forth in Section 1.1 shall control in the event of any conflict with any definitions used in the recitals hereto. (AA) Due Dates. When any obligation under this Agreement is due on a certain date in accordance with the time periods set forth herein, and that day falls upon a Saturday, Sunday or legal holiday, the due date for such or obligation shall be deferred to the next business day. 15 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 24 ARTICLE II REPRESENTATIONS AND WARRANTIES SECTION 2.1. REPRESENTATIONS AND WARRANTIES OF THE COUNTY. In addition to any other representations and warranties made by the County in this Agreement, the County represents and warrants that, as of the Contract Date: (A) Existence and Powers. The County has full legal right, power and authority to enter into and to perform its obligations under this Agreement. (B) Due Authorization and Binding Obligation. This Agreement has been duly authorized, executed and delivered by all necessary action of the County and, subject to regulatory approvals required after the execution of this Agreement in accordance with Applicable Law, constitutes a legal, valid and binding obligation of the County, enforceable against the County in accordance with its terms except insofar as such enforcement may be affected by bankruptcy, insolvency, moratorium and other laws affecting creditors' rights generally. (C) No Conflict. Neither the execution nor the delivery by the County of this Agreement nor the performance by the County of its obligations hereunder nor the consummation by the County of the transactions contemplated hereby (1) conflicts with, violates or results in a breach of any Applicable Law applicable to the County or (2) conflicts with, violates or results in a breach of any term or condition of any order, judgment, decree, agreement, contract or instrument to which the County is a party or by which the County or any of its properties or assets are bound, or constitutes a default under any of the foregoing. (D) No Approvals Required. No approval, authorization, order or consent of, or declaration, registration or filing with, any Governmental Body is required for the valid execution and delivery of this Agreement by the County except as such have been duly obtained or made. (E) No Litigation. There is no Legal Proceeding, at law or in equity, before or by any court, arbitral tribunal or Governmental Body, pending or, to the best of the County's knowledge, overtly threatened or publicly announced against the County in which an unfavorable decision, ruling or finding could reasonably be expected to have a material and adverse effect on the execution and delivery of this Agreement or the validity, legality or enforceability of this Agreement against the County or the ability of the County to perform its obligations hereunder. (F) No Legal Prohibition. The County has no knowledge of any Applicable Law in effect on the date as of which this representation is being made which would prohibit the performance by the County of this Agreement and the transactions contemplated hereby. 16 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 25 (G) Title to Landfill Gas. The County has title to the Landfill Gas, free and clear of all liens and encumbrances, and title to the Landfill Gas shall be transferred to the Company at the Point of Delivery free and clear of all liens and encumbrances. (H) Title to Landfill. The County has good, marketable and insurable fee simple title to the Landfill, including the surface and sub -surface, free and clear of any and all liens, claims, and any encumbrances that would reasonably be expected to have a material adverse effect on the operations of the RNG Project. County has not granted, and County has no knowledge of, any rights of any person, firm or entity to acquire all or any part of the Site, other than as set forth herein, and County has not entered into any outstanding agreement to sell or otherwise alienate all or any part of the Site, to any other person, firm, or entity. (I) Information Supplied by the County. To the best of its knowledge, the information that has been supplied by the County in all submittals provided to the Company are true, correct and complete as of the date of such submittal in all material respect. (J) Claims and Demands. There are no material and adverse claims and demands based in environmental, contract or tort law pending or to its knowledge, threatened against the County that would prevent the County from fulfilling its obligations hereunder. SECTION 2.2. REPRESENTATIONS AND WARRANTIES OF THE COMPANY. In addition to any other representations and warranties made by the Company in this Agreement, the Company represents and warrants that, as of the Contract Date: (A) Existence and Powers. The Company is a limited liability company duly organized, validly existing and in good standing under the laws of Delaware and has the authority to do business in this State, with the full legal right, power and authority to enter into and perform its obligations under this Agreement. (B) Due Authorization and Binding Obligation. This Agreement has been duly authorized, executed and delivered by all necessary action of the Company and constitutes a legal, valid and binding obligation of the Company, enforceable against the Company in accordance with its terms, except to the extent that its enforceability may be limited by bankruptcy, insolvency or other similar laws affecting creditors' rights from time to time in effect and equitable principles of general application. (C) No Conflict. Neither the execution nor delivery by the Company of this Agreement nor the performance by the Company of its obligations in connection with the transactions contemplated hereby or the fulfillment by the Company of the terms or conditions hereof (1) conflicts with, violates or results in a breach of any Applicable Law relating to the Company or the by-laws or certificates of incorporation applicable to the Company or (2) conflicts 17 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 26 with, violates or results in a breach of any term or condition of any order, judgment, decree, contract, agreement or instrument to which the Company is a party or by which the Company or any of its properties or assets are bound, or constitutes a default under any of the foregoing. (D) No Approvals Required. No approval, authorization, order or consent of, or declaration, registration or filing with, any Governmental Body is required for the valid execution and delivery of this Agreement by the Company except as such have been duly obtained or made. (E) No Litigation. There is no Legal Proceeding, at law or in equity, before or by any court, arbitral tribunal or Governmental Body pending or, to the best of the Company's knowledge, overtly threatened or publicly announced against the Company, in which an unfavorable decision, ruling or finding could reasonably be expected to have a material and adverse effect on the execution and delivery of this Agreement by the Company or the validity, legality or enforceability of this Agreement against the Company, or any other agreement or instrument entered into by the Company in connection with the transactions contemplated hereby, or on the ability of the Company to perform its obligations hereunder or under any such other agreement or instrument. (F) Claims and Demands. There are no material and adverse claims and demands based in environmental, contract or tort law pending or to its knowledge, threatened against the Company, or the Guarantor that would prevent the Company or the Guarantor from fulfilling its obligations hereunder. (G) Patents and Licenses. The Company owns, or is authorized to use under patent rights, licenses, franchises, trademarks or copyrights, the technology necessary for the RNG Project Work without any known material conflict with the rights of others. (H) Applicable Law Compliance. To its knowledge, the Company is not in material violation of any law, order, rule or regulation applicable to any landfill designed, constructed, operated, maintained or managed by the Company, that could reasonably be expected to have a material adverse effect upon Company's ability to perform its obligations under this Agreement. (I) Practicability of Performance. The design, the technology, the equipment, the materials, and the construction and management practices to be employed in the construction of the RNG Project Work, and the operation the RNG Project are furnished exclusively by the Company, or its Subcontractors, pursuant to the terms of this Agreement, and the Company assumes and shall have exclusive responsibility for their efficacy. The County waives any warranties as to profitability of the RNG Project and merchantability of the LFG. U:3 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 27 (J) Information Supplied by the Company. To the best of its knowledge, the information that has been supplied and representations and warranties made by the Company in all submittals provided to the County are true, correct and complete as of the date of such submittal in all material respects. (K) Expertise. The Company has the requisite expertise and financial ability to fully, completely, and satisfactorily perform its obligations hereunder in full compliance with Applicable Law. 19 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 28 ARTICLE III TERM SECTION 3.1. INITIAL TERM. This Agreement shall become effective on the Contract Date, and shall continue in effect until the twentieth (20th) anniversary of the Commercial Operation Date (the "Initial Term"), or, if renewed as provided in Section 3.2, until the last day of the applicable Renewal Term (the Initial Term and the Renewal Term, if any, being referred to as the "Term"; unless earlier terminated in accordance with its terms, in which event the Term shall be deemed to have expired as of the date of such termination). All rights, obligations and liabilities of the parties hereto shall commence on the Contract Date, subject to the terms and conditions hereof. The following provisions, rights and obligations shall survive the termination of this Agreement: (1) all representations and warranties of the parties contained in Article II; (2) indemnity obligations in this Agreement with respect to events that occurred prior to the expiration of this Agreement, or if terminated earlier, the Termination Date, or during the Company's provision of post -termination services pursuant to this Agreement; (3) all provisions of this Agreement that expressly establish post -termination obligations (e.g., removal of the RNG Facility and restoration of the Site); and (4) all obligations that have accrued prior to the expiration of this Agreement, or if terminated earlier, the Termination Date and have not been performed or satisfied. SECTION 3.2. RENEWAL AND EXTENSION OPTION. This Agreement may be renewed and extended on the same terms and conditions for up to two additional five year periods (or in shorter increments if agreed to by the parties but which shall not in the aggregate exceed 10 years) ("Renewal Terms") exercisable by the County in its sole discretion at least 180 days prior to the expiration of the Initial Term or the then existing Renewal Term, as applicable. In the event that the County fails to notify the Company of its intention to renew at least 180 days prior to the expiration of the Initial Term, the Agreement shall be deemed to be renewed for an additional one- year term. If the County fails to notify the Company of its intention to renew for the remaining four years of the Renewal Term within 180 days of the end of the one-year extension, then the Agreement shall expire at the end of the one-year extension unless the parties mutually agree in writing to a renewal prior to the expiration of the one-year renewal term. 20 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 29 ARTICLE IV GRANTING OF CERTAIN RIGHTS TO THE COMPANY; OWNERSHIP, USE AND CONDITION OF THE SITE SECTION 4.1. LICENSE OF THE SITE. Subject to the receipt by the County of the Required Insurance, the Security Instrument, and a safety plan for construction activities, the execution of this Agreement shall be deemed to constitute the granting of an exclusive license to the Company to utilize the Site for all purposes of this Agreement subject to the County's right to access and utilize such site for purposes of operating and maintaining the Landfill. The Company may enter upon (in accordance with Appendix B), occupy and use the Site and those areas of the Landfill necessary to design, construct, install, start-up, test, operate and maintain the RNG Project and to receive Landfill Gas in accordance with the provisions of this Agreement and for no other purpose (the "License"). Except as expressly otherwise provided, the Company shall assume all risks associated with such activities and shall indemnify, defend and hold harmless the County and the County Indemnitees in accordance with Section 13.3. The right of access contained herein does not grant the Company access to any portion of the Landfill or any other structures, improvements, equipment, or any other systems, fixtures, or real or personal property owned, leased, operated, maintained, or occupied by the County except as necessary for the Company to perform the RNG Project Work. As compensation for the granting of the License by the County, the Company shall pay the County the consideration described in Article IX. The License granted by this Section 4.1 shall terminate upon the termination of this Agreement in accordance with its terms. The County grants to Company, its agents and employees, a temporary, non-exclusive easement to the parcel depicted in blue on Appendix B attached hereto (the "Laydown Area") for the purpose of storage of materials and equipment, and vehicular parking, in connection with the construction and installation of the RNG Project, together with the right to place and maintain gravel and aggregate. The easement for the Laydown Area shall expire ninety (90) days after the Commercial Operation Date (the "Laydown Easement Term"). Developer shall have the right of vehicular and pedestrian ingress and egress to the Laydown Area. At the expiration of the Laydown Easement Term, Developer shall surrender the Laydown Area, remove all of Developer's equipment and materials from the Laydown Area and the surface of the Laydown Area shall be graded to allow for the County's future development of the laydown area. SECTION 4.2. COUNTY OPERATIONS; COOPERATION WITH COMPANY WITH RESPECT TO COMPANY SERVICES. Notwithstanding anything in this Agreement to the contrary, it is understood and agreed by the Company that the County's primary obligation and purpose is the compliance with all Applicable Law (including the County's Title V Permit) and the avoidance of any nuisance conditions (including the minimization of odors) associated with the Landfill and that the rights granted to the Company hereunder are secondary to such obligations and purpose. The 21 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 30 County shall use good faith efforts to cooperate with the Company with respect to its landfill operations so as not to unreasonably interfere with the efficient construction, management and operation of the RNG Project. SECTION 4.3. NO INTERFERENCE WITH COUNTY OPERATIONS. Notwithstanding anything in this Agreement to the contrary, it is understood and agreed by the Company that the County has no obligation to accept solid waste or to implement any expansions of the Landfill. The construction and operation of the RNG Project shall not unreasonably interfere with the operational requirements of the County with respect to the Landfill or the Landfill Gas Collection System. It is the responsibility of the Company to (i) schedule and perform construction and maintenance activities of the Company's facilities in a manner which will not interfere with the ability of the County to operate the Landfill or Landfill Gas Collection System; (ii) minimize odors; (iii) not create other nuisance conditions; and (iv) meet all Applicable Law including requirements of Governmental Approvals to which it is subject. SECTION 4.4. MEMORANDUM OF RIGHTS. The parties agree that promptly following the approval by County and Company of any boundary survey of the Site, a Memorandum of License and Landfill Gas Rights (the "Memorandum") prepared by the Company and approved by the County shall be executed in proper form for recording and Company may cause such Memorandum to be recorded in the clerk's office of the county in which the Site is located. Such Memorandum shall contain such provisions and information as may be reasonably agreed upon between County and Company in accordance with statutory requirements. Upon the expiration or termination of this Agreement, the parties agree to promptly execute and cause to be recorded a termination of Memorandum, reasonably acceptable to both parties and sufficient to cause the Memorandum to be removed as of record. If Company does not execute such termination agreement within fifteen (15) business days of expiration or termination, Company hereby unconditionally appoints County as Company's attorney -in -fact strictly for the purpose of executing such termination and such appointment shall be revoked immediately thereupon. 22 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 31 ARTICLE V FINANCING CONSTRUCTION OF THE RNG PROJECT SECTION 5.1. PLAN OF FINANCING. The Company shall obtain construction financing for the RNG Project in accordance with its plan of finance described in Appendix G. The Company specifically acknowledges that the inability of the Company to obtain financing for the RNG Project as required hereunder on terms and conditions, or within the schedule, assumed by the Company, shall not constitute an Uncontrollable Circumstance. SECTION 5.2. NO ADJUSTMENT OF AMOUNTS OR OBLIGATIONS ON ACCOUNT OF CHANGE IN FEDERAL OR STATE INCOME TAX LAW AFFECTING OWNERSHIP. There shall be no adjustment of any obligation of the Company hereunder on account of: (1) any change in any provision of federal or State income tax law pertaining to the ownership of the RNG Project made or to take effect after the Contract Date which affects the Company (including, without limitation, provisions thereof pertaining to tax credits or deductions and establishing income tax rates), notwithstanding any assumptions made by the Company in entering into this Agreement as to the provisions of federal or State income tax law which would be applicable to this transaction or their effect on the Company or its Affiliates; (2) any administrative or judicial determination which is adverse to the Company as to ownership of the RNG Project for federal or State income tax purposes for any reason, including without limitation any term or provision of this Agreement; or (3) any inability of the Company or any of its Affiliates, or any other person to fully utilize any tax benefits of ownership of the RNG Project or tax credits which may be available under federal or State income tax law. 23 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 32 ARTICLE VI DESIGN, PERMITTING AND CONSTRUCTION OF THE RNG PROJECT SECTION 6.1. AGREEMENT TO DESIGN, PERMIT AND CONSTRUCT. (A) Commencement of Design, Permitting and Construction. Following the Contract Date, the Company shall undertake, perform, complete and pay for the cost of the RNG Project Work in accordance with all of the provisions and requirements of this Agreement. The Company shall commence the design, permitting, equipment procurement and construction of the RNG Project, shall cause the RNG Project to pass the RNG Project Test in accordance with this Agreement and shall achieve all other requirements for the establishment of the Commercial Operation Date as set forth in Section 7.2, all so that the RNG Project is suitable and adequate for the purposes for which they are intended on or before the date that is the 24 month anniversary of the Contract Date as such date may be adjusted in accordance with Section 13.2 (the "Scheduled Commercial Operation Date"). The County's remedies for the failure of the Company to achieve Commercial Operations of the RNG Project prior to the Scheduled Commercial Operation Date are set forth in Section 7.3, 7.4 and Section 11.2. Subcontracts entered into by the Company for the construction of the RNG Project shall neither supersede nor abrogate any of the terms or provisions of this Agreement. Laydown and staging areas for construction materials for those portions of the RNG Project shall be made available by the County at no cost to the Company on areas agreed to by the parties. (B) Design. The Company shall design the RNG Project in accordance with the description of the RNG Project set forth in Appendix C and the Contract Standards. The Company shall have sole and exclusive responsibility for the design of the RNG Project and the preparation of design materials that it must provide pursuant to this Agreement. Costs incurred by the Company in connection with the design of the RNG Project shall be borne solely by the Company. The County has no responsibilities or liabilities in connection with the design of the RNG Project, notwithstanding any review or comment made by the County. In light of the location of the RNG Project within the community, the RNG Project shall be designed to comply with all local noise ordinances and to avoid any nuisances including noise and odor. (C) Construction Permit and Design Submittals. The Company shall make design submittals to the County for the County's review and comment at the 50 percent and 90 percent design levels and the County shall provide comments, if any, to such submittals within 10 business days of receipt. The Company shall provide the County with copies of all permit submittals contemporaneous with the submittal to the applicable Governmental Body. 24 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 33 (D) Construction Costs. The Company shall construct the RNG Project in accordance with the Contract Standards. The Company shall pay directly all costs and expenses of the RNG Project Work of any kind or nature whatsoever, without payment or reimbursement from the County. Such costs and expenses, without limiting the generality of the foregoing, shall include all costs of permitting, regulatory compliance and, if applicable, Legal Proceedings brought against the Company; payments due under Subcontracts with Subcontractors or otherwise for all labor and materials; legal, financial, engineering, architectural and other professional services of the Company; general supervision by the Company of all design and construction; and Company preparation of schedules. (E) Governmental Approvals Necessary for Construction. (1) Company Responsibility. At its own cost and expense, the Company shall make all filings, applications and reports necessary to obtain and maintain all Governmental Approvals required to be made, obtained or maintained under Applicable Law in order to commence and continue the construction, shakedown and testing of the RNG Project Work, as well as any air permit that may be required for the operation at the RNG Project. Upon reasonable request from the Company, the County shall use good faith efforts to supply the Company information that it has in its possession. Except as set forth in paragraph (2) in this subsection 6.2(E), the Company assumes all risks associated with obtaining and maintaining all such Governmental Approvals including the risk of delay, non -issuance or the imposition of any term or condition in connection therewith by a Governmental Body. Such costs and risks include those associated with the necessity to purchase emission offsets or emission reduction credits, if necessary. (2) Failure of Governmental Body to Issue Governmental Approvals in a Timely Manner. If the Company submits completed Governmental Approval applications to the applicable Governmental Bodies in accordance with the schedule set forth in Appendix K hereto, and such Governmental Approvals are not granted by the date(s) set forth in Appendix K, the Company shall be entitled to schedule relief to the extent set forth in subsection 7.3(B) and Section 13.2; provided that (i) the Company has diligently taken all commercially reasonable measures to obtain such approval, (ii) such failure is not the result of the quality, timeliness, code compliance, or completeness of the submittal application, and (iii) the Governmental Body has failed to respond to the Company submittal(s) in a reasonably timely manner taking into consideration the nature of the required review and the reasonable review period for similarly situated applicants. No other relief shall be afforded the Company as a result of such delay. (3) Limited Permitting Assistance by the County. The County shall provide reasonable assistance to the Company in connection with the Company's obligation to obtain and 25 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 34 maintain the Governmental Approvals required to be obtained by the Company under this Section, including signing permit applications, attending public hearings and meetings of the Governmental Bodies charged with issuing the Governmental Approvals, and assisting in providing the Company with all readily available relevant data, documents and supporting materials that are within the County's custody or control or are reasonably obtainable by the County and which are reasonably required for such purpose; provided, however, that the County's obligation to provide such reasonable assistance shall be limited, in light of the Company's primary role in the permitting and development of the RNG Project. Any such assistance shall be provided upon the reasonable request of the Company made directly to the County, and the County shall have no affirmative obligation independently to initiate or to provide such assistance. This covenant shall not obligate the County to staff the Company's permitting or development efforts, to undertake any new studies or investigations with respect to the Design -Build Improvements. Any third -party costs incurred by the County shall be reimbursed by the Company. (4) Easements. The Company, at its own cost and expense, shall be responsible for obtaining any easements that may be necessary to construct the RNG Project and to operate the RNG Project. The County shall grant easements reasonably required by the Company relating to the installation of the Interconnect or utilities on County property required for the RNG Project. (F) RNG Project Implementation Schedule and Meetings. Within 60 days following the Contract Date, the Company shall provide the County with a project schedule showing milestones including but not limited to, design completion, submission of air permit and other key permit applications and anticipated dates of receipt of approvals, submission of interconnection application and anticipated date of execution of interconnection agreement, issuance of purchase orders for significant pieces of equipment, letting of construction contracts, and performance of RNG Project Tests (the "Project Implementation Schedule"). Such Project Implementation Schedule must be prepared in accordance with good scheduling practice and must reflect reasonable assumptions. The Company shall use good faith efforts to comply with the interim milestones within the project schedule and will notify the County of any event or circumstance that the Company believes will prevent the Company from achieving a milestone in accordance with the project schedule. Following the Contract Date, the County and the Company will meet at least monthly by telephone or in person during which time the Company will update the County regarding the project schedule and project status and the parties will discuss any other matter as appropriate, including any necessary coordination of activities. 26 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 35 (G) Compliance With Law and Other Contract Standards. In designing, constructing, and testing the RNG Project Work, the Company shall comply with Applicable Law (including permits) and all Contract Standards. (H) Engagement of County Project Manager. The Company shall fully cooperate with any County Project Manager designated by the County to assist the County in connection with the administration of this Agreement. In the performance of such services, the Company agrees that the County Project Manager (and/or an engineering consultant or construction manager designated by the County Project Manager) may, without limiting other possible services to the County: review and monitor construction progress, including attending pre -construction and construction status meetings; observe the completion of the RNG Project Work; review drawings, plans and specifications; monitor the RNG Project Tests undertaken by the Company to determine whether such tests have been satisfied; review and advise the County with respect to material changes to the RNG Project; and provide certifications and perform such other duties as may be specifically conferred by the County upon the County Project Manager hereunder. It is understood that the services intended to be provided by the County Project Manager shall be of an observational and review nature only and that the County Project Manager shall not have authority to require or approve changes to the RNG Project Work or the Company's plans and specifications made in accordance therewith. The Company agrees to cooperate with all reasonable requests made by the County Project Manager in connection with the performance of such duties for the County. The fees of the County Project Manager shall be paid by the County and the Company shall not have any liability therefor. (I) Interconnection. The Company shall submit its application to connect to the natural gas pipeline as soon as is reasonably possible following the Contract Date. The Company shall take all action necessary for the construction work to begin on the Interconnection to the natural gas pipeline. The Company shall pay all costs associated with the Interconnection. The County shall grant the necessary easement on County property associated with the Interconnection. (J) Cooperation. The Company shall use good faith efforts to cooperate with the County with respect to coordination and scheduling of its construction activities so as not to unreasonably interfere with the efficient management and operation of the Landfill. SECTION 6.2. PERSONNEL. (A) Personnel Performance. The Company shall employ or engage all necessary personnel to perform all services required for the RNG Project Work. The Company shall enforce discipline and good order at all times among the Company's employees and all Subcontractors. All persons engaged by the Company for the RNG Project Work shall have requisite skills for the 27 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 36 tasks assigned. All firms and personnel performing RNG Project Work, including Subcontractor firms and personnel, shall meet the licensing and certification requirements imposed by Applicable Law. No Company construction personnel or Subcontractor personnel shall be on the Landfill other than the Site, the approved access road to the Site or areas of the Landfill necessary to perform the Interconnection work, unless County personnel accompany them. (B) Labor Disputes. The Company shall have exclusive responsibility for disputes or jurisdictional issues among any unions or trade organizations representing employees of the Company or its Subcontractors. The County shall have no responsibility whatsoever for any such disputes or issues. The Company shall promptly notify the County of any impending disputes with its unions or any unions supporting its Subcontractors or suppliers which might affect the Landfill or the construction or operation of the RNG Project. SECTION 6.3. OWNERSHIP; DISCHARGE OF ENCUMBRANCES. (A) Ownership. The RNG Project Work and all related equipment, materials, vehicles and supplies purchased by the Company to be used in or about the RNG Project, and all plans, drawings and other documentation with respect thereto, shall be legally or beneficially owned by the Company and not the County. The Landfill Gas Collection System and all related equipment, materials and supplies to be used in or about the Landfill Gas Collection System, and all plans, drawings and other documentation with respect thereto, shall legally and beneficially be owned by the County and not the Company regardless of whether the Company financed or paid for any such equipment, materials, supplies, plans, drawings or documents. Notwithstanding the foregoing, the parties agree that the Company has no obligation to finance or pay for any equipment, materials, supplies, plans, drawings, improvements, expansions or documents related to the Landfill Gas Collection System unless such costs are necessitated by the negligence or willful misconduct of the Company. (B) Encumbrances. The Company shall not create or allow any Encumbrance (other than Permitted Encumbrances) to arise on or against the RNG Project. If an Encumbrance (other than a Permitted Encumbrance) is created or arises, the Company shall cause the Encumbrance to be discharged or fully bonded. The County shall not create or allow any Encumbrance (other than Permitted Encumbrances) to arise on or against the Site which would interfere with the Company's rights to the RNG Project. If an Encumbrance (other than a Permitted Encumbrance) is created or arises on or against the Site as a result of the County's acts or omissions, that would interfere with the Company's rights to the RNG Project, the County shall cause the Encumbrance to be discharged or fully bonded. SECTION 6.4. CONSTRUCTION BOOKS AND RECORDS. The Company shall prepare and maintain proper, accurate and complete records regarding the construction of the RNG M. 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 37 Project. The Company shall keep and maintain all such construction records including "as -built" records for at least seven years after the Commercial Operation Date. 29 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 38 ARTICLE VII COMMERCIAL OPERATION OF THE RNG PROJECT SECTION 7.1. TESTING. (A) Notice. The Company shall give the County prior written notice of the expected initiation of the RNG Project Tests for the RNG Project Work as set forth in paragraph (B) below. The Company shall not commence the RNG Project Tests for the RNG Project Work until: (1) the Company has received all necessary Governmental Approvals and is authorized under Applicable Law to operate the RNG Project, as applicable; and (2) the Company has submitted to the County written notice that the foregoing condition has been satisfied. (B) Conduct of RNG Project Tests. The Company shall conduct the RNG Project Tests, at the Company's cost, expense and risk, and at no cost or expense to the County. The Company shall provide at least 5 business days' written notice of its intent to test to the County and permit the designated representatives of the County and the County Project Manager at their cost to inspect the preparations for the RNG Project Tests and to be present for the conduct of the RNG Project Tests for purposes of ensuring compliance with the testing plan, ensuring that all safety requirements are being complied with, and to ensure the integrity of the RNG Project Tests results. The County and its representatives shall not interfere with or delay any such tests. (C) Test Report. If the Company believes it has successfully passed the RNG Project Tests, within 7 days after the successful completion of the RNG Project Tests for the RNG Project Work, the Company shall certify to the County that is has successfully passed the RNG Project Tests and shall furnish the County and the County Project Manager with a copy of a report demonstrating that the testing requirements set forth in Appendix E have been satisfied. SECTION 7.2. COMMERCIAL OPERATION DATE CONDITIONS. The following conditions shall constitute the "Commercial Operation Date Conditions", each of which must be satisfied in all respects by the Company in order for the Commercial Operation Date to occur, and each of which must be and remain satisfied as of the Commercial Operation Date (unless otherwise agreed to by the parties in writing): (1) Successful Testing. The Company shall have completed the tests set forth in Appendix E and shall have demonstrated that the RNG Project has met the standards set forth therein including the Renewable Natural Gas Quality Standards. (2) Required Insurance. The Company shall have submitted to the County certificates of insurance for all Required Insurance pursuant to Section 13.1. 30 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 39 (3) Governmental Approvals. In accordance with Section 8.8, all applicable Governmental Approvals required under Applicable Law that are necessary for the continued routine operation of the RNG Project shall have been duly obtained and shall be in full force and effect. Copies of all such Governmental Approvals, to the extent not in the County's possession, shall have been delivered to the County. (4) Safety Plan. The Company shall have developed and delivered to the County the Safety Plan pursuant to subsection 8.3(A). (5) Emergency Response Plan. The Company shall have developed and delivered to the County the Emergency Response Plan pursuant to subsection 8.4(A). (6) Information System. The Company shall have established the information system required pursuant to subsection 8.10. (7) No Default. The Company has certified that there is no Event of Default by the Company pursuant to this Agreement or by the Guarantor under the Guaranty Agreement, or event which, with the giving of notice or the passage of time, would constitute an Event of Default by the Company hereunder. (8) Pipeline Authorization. The Interconnection is complete and Piedmont or other third party pipeline provider has authorized the flow of RNG through the Interconnection and into its system. (9) Utilities. All Utilities required for the operation of the RNG Project are connected and functioning in accordance with good utility practice and standards. (10) Ability to Begin Delivery. The RNG Project is mechanically, contractually and legally able to begin delivery of RNG to the Point of Delivery. SECTION 7.3. EFFECT OF UNEXCUSED DELAY; EXTENSION PERIOD. (A) Unexcused Delay. In the event that the Commercial Operation Date is delayed beyond the Scheduled Commercial Operation Date despite the Company's good faith efforts and such delay is not excused as set forth in subsection 7.3(B) hereof, the Company shall: (i) take any reasonable actions necessary, at the cost and expense of the Company, to remedy the reason for the failure of the occurrence of the Commercial Operation Date, (ii) commence payment of the Fixed Payment described in Section 9.2 and (iii) will advance to the County the amount of $891,056.00 which is the anticipated Royalty Payment that the County will receive in the first Contract Year. The payments hereunder shall be due within 30 days of the Scheduled Commercial Operation Date. The amount of the Royalty Payment advanced shall be amortized over the first 60 months of the Agreement, and the monthly value of the advanced Royalty Payment shall be subtracted from each Royalty Payment that would otherwise be due to the 31 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 40 County during the first five (5) years. For purposes of clarification, the amount of the Fixed Payment shall not be treated as an advance. If the Commercial Operation Date shall not have occurred on or before the end of the Extension Period and such delay is not excused as set forth in subsection 7.3(B) hereof, such failure shall constitute an Event of Default as set forth in Section 7.4 and subsection 11.2(A)(1). (B) Delays Due to Uncontrollable Circumstances. The Scheduled Commercial Operation Date may be delayed due to an Uncontrollable Circumstance set forth in paragraph (A) of such definition, but only to the extent that such Uncontrollable Circumstance actually causes delay in the Company's Project Implementation Schedule. The Company shall bear the burden of proving any claim of entitlement to an adjustment under this Section. If an Uncontrollable Circumstance set forth in paragraph (A) of such definition occurs which, despite the Company's mitigation efforts, results in delay in the Company's ability to achieve the Commercial Operation Date by the Scheduled Commercial Operation Date, the provisions of Section 13.2 shall apply, and the Scheduled Commercial Operation Date shall be delayed one day for each day of delay caused by the Uncontrollable Circumstance. SECTION 7.4. TERMINATION FOR FAILURE TO ACHIEVE COMMERCIAL OPERATION DATE. If, as of the end of the last day of the Extension Period, the Commercial Operation Date has not been achieved for reasons other than an Uncontrollable Circumstance during the Extension Period, an Event of Default by the Company will be deemed to have occurred under Section 11.2 (A) (1) , and the County shall have the right to terminate this Agreement pursuant to Section 11.2 upon written notice to the Company (without providing the Company an opportunity to cure) and the County shall retain the Royalty Payment advanced pursuant to Section 7.3(A) as compensation for its lost revenues during the calendar year following the Scheduled Commercial Operation Date. Upon any such termination, the County shall have all of the rights provided in Article XI upon a termination of the Company for cause. 32 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 41 ARTICLE VIII OPERATIONS SECTION 8.1. OPERATION. (A) Company Operations Generally. The Company shall operate and maintain the RNG Project in accordance with the Contract Standards and with the objective of maximizing uptime and Gross Revenues. If at any time during the Term, any portion of the RNG Project fails to operate, the Company shall promptly repair, renovate or replace the nonperforming portion of the RNG Project. The Company shall use all reasonable efforts to transfer to and apply at the RNG Project the benefit of the advances and improvements in technology, management practices and operating efficiencies that are developed by the Company, and its Affiliates conducted over the full Term, and which are useful and appropriate in the sole good faith judgment of the Company for carrying out the Contract Services and in accordance with the Contract Standards. (13) Shutdowns. The Company shall provide 30 days advance written notice to the County of any planned shutdowns or material reduction in operations of the RNG Project. If the operation of the RNG Project is temporarily reduced, curtailed or shut down for any reason so that the Company is unable to accept Landfill Gas on other than a planned basis, the Company shall promptly notify the County (but in no event later than 24 hours after the commencement of the reduction, curtailment or shutdown) as to the nature and probable duration thereof and the expected effect thereof on operations at the RNG Project. The Company shall take prompt action to restore operations as soon as practicable. (C) Operator. The Company shall operate and maintain the RNG Project with an experienced renewable natural gas project operator (the "Company Operator"). The Company shall train the Company Operator and any other necessary operating staff for the RNG Project at its expense. The Company Operator shall be hired prior to the start of the RNG Project Tests and shall possess experience operating other similar facilities. The Company shall provide the County the telephone number and email address where the Company Operator may be contacted 24- hours a day and other means by which such person may be contacted, including emergency contact information. (D) RNG Project Operations and Maintenance Manual. The Company shall keep on -Site the RNG Project Operations and Maintenance Manual. The Company shall provide the County a copy of start-up and shutdown standard operating procedures for the RNG Project. The Company shall give the County access to the RNG Project Operations and Maintenance Manual as required by any regulatory body and to the extent necessary due to health, safety or other emergency situations. The Company shall review and discuss in good faith with the County 33 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 42 any aspect of the draft and final RNG Project Operations and Maintenance Manuals, including any conflicts between such manual and the Landfill operations protocols. The content of the RNG Project Operations and Maintenance Manual shall be consistent with the terms and provisions of this Agreement and shall not conflict with any Landfill operations protocols, shall contain a detailed description of the processing flow, shall document preventive maintenance procedures and schedules, and shall otherwise be sufficiently detailed to permit the RNG Project to be operated and maintained by a third party reasonably experienced in RNG project operations. The County may not require any change to the RNG Project Operations and Maintenance Manual but may provide the Company with comments and suggestions with respect thereto. The County and the County Project Manager shall bear no liability associated with or resulting from the development of the RNG Project Operations and Maintenance Manual. The Company shall bear all costs and expenses of performing the duties and responsibilities set forth in the RNG Project Operations and Maintenance Manual and as may be required for permitting purposes. The Company shall keep the RNG Project Operations and Maintenance Manual current. SECTION 8.2. MAINTENANCE AND REPAIR. The Company, at its own cost and expense, shall maintain the RNG Project and the Site in good working order and repair and in a clean and orderly condition, reasonable wear and tear excepted, and shall conduct the required periodic maintenance of the RNG Project consistent with, and shall maintain a spare parts inventory in accordance with, Good Industry Practice. The Company shall provide or make provisions for all labor, materials and equipment which are necessary for the normal operation and maintenance of the RNG Project for commercial purposes. As between the parties, the Company shall at its own cost and expense be responsible for providing major maintenance and major repairs and replacements for machinery, equipment, and improvements constituting part of the RNG Project during the Term. The County shall not be financially responsible for any maintenance, repair or replacement of the RNG Project and/or the Site. The County and the County Project Manager shall have the right to conduct visual, non-invasive inspections of the RNG Project at its sole expense at any time during normal business hours in order to assure that the RNG Project is being operated and maintained in accordance with this Agreement. As between the parties, the County shall be responsible for the cost and expense of maintaining and repairing the Landfill and the Landfill Gas Collection System. SECTION 8.3. SAFETY AND SECURITY. (A) Safety Plan. The Company shall prepare a safety plan which shall be maintained in accordance with this Section (the "Safety Plan"). The Safety Plan shall be delivered to the County no less than 90 days prior to the Commercial Operation Date. The Company shall maintain the safety of the RNG Project at a level consistent with the Contract Standards. Without limiting the foregoing, the Company shall at its cost and expense: 34 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 43 (i) take all reasonable precautions for the safety of, and provide all reasonable protection to prevent damage, injury or loss by reason of or related to the operation of the RNG Project to, (a) all employees working at the RNG Project and all other persons who may be involved with the operation or maintenance of the RNG Project, or the Landfill, (b) all invitees to the RNG Project, (c) all machinery, materials and equipment under the care, custody or control of the Company or the County on the Landfill, and (d) other property on the Landfill, including trees, shrubs, lawns, walks, pavements, roadways, structures and Utilities; (ii) establish and enforce all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards; (iii) give all notices and comply with all Applicable Laws relating to the safety of persons or property or their protection from damage, injury or loss; (iv) designate a qualified and responsible employee whose duty shall be the supervision of plant safety, the prevention of fires and accidents and the coordination of such activities as shall be necessary with federal, State, and County officials; (v) operate all equipment in a manner consistent with the manufacturer's safety recommendations; and (vi) develop and carry out a Site -specific safety program, including employee training and periodic inspections, designed to implement the requirements of this Section. (B) Security. The Company shall be responsible for the security of the RNG Project 24 hours a day, 7 days a week, and shall maintain suitable fences, gates and locks at the RNG Project. The Company shall guard against and be responsible for all damage or injury to the RNG Project caused by trespass, negligence, vandalism or malicious mischief of third parties, and shall provide for safe and orderly vehicular movement. The Company shall be responsible for security for the entire RNG Project and Site. Should damage occur, the Company shall remedy all damage to the Site and the respective facilities and equipment thereon. Perimeter fencing and gates/locks are to be maintained at all times to ensure security. This includes repairing breaks in fabric, straightening bent posts, replacing hinges and locks, and replacing and/or repairing "No Trespassing" signs. (C) Accidents. The Company shall be responsible for all injuries, accidents and other mishaps associated with the RNG Project operations. The Company shall report any accidents resulting from the performance of this Agreement to the County as soon as practicable by telephone and email. For purposes of this Agreement, "accident" shall include the death of any person, any personal injury resulting in in -patient hospitalization or out -patient treatment by a 35 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 44 physician, or damage to any real or personal property exceeding $5,000. The Company shall report, in writing, to the County, within 7 days of that accident, complete details of the accident, including witness statements. SECTION 8.4. EMERGENCIES. (A) Emergency Response Plan. No less than 90 days prior to the Commercial Operation Date, the Company shall prepare an emergency response plan to be implemented in the event of an emergency, including fire, weather, spills, environmental, health, safety, and other potential emergency conditions. The plan shall be maintained in accordance with this Section, and shall: (1) provide for appropriate notifications to the County and all other Governmental Bodies having jurisdiction and for measures which facilitate coordinated emergency response actions by the County and all such other appropriate Governmental Bodies; (2) specifically include relevant emergency response protocols; and (3) assure the timely availability of all personnel required to respond to any emergency (no later than 2 hours during nights, weekends or holidays). The emergency response plan shall be reviewed by the parties annually as part of the review of the annual operations and maintenance report, and updated by the Company when necessary. (B) Emergency Action. Notwithstanding any requirement of this Agreement requiring County approval or consent to reports or submittals, if at any time the Company determines in good faith that an emergency situation exists such that action must be taken to protect the safety of the public or its employees, to protect the safety or integrity of the RNG Project, or to mitigate the immediate consequences of an emergency event, then the Company shall promptly take all such action it deems in good faith to be reasonable and appropriate under the circumstances. The Company shall promptly notify the County of the event to an emergency phone number from a list supplied by the County, and of the Company's response thereto. The cost of the Company's response measures shall be borne by the Company, unless such emergency arises from the County's negligence, willful misconduct or from conditions or occurrences at the Landfill or Landfill Gas Collection System other than conditions or occurrences that should have been reasonably anticipated by the Company. SECTION 8.5. COMPLIANCE WITH APPLICABLE LAW. (A) Compliance Obligation. The Company shall perform all of its obligations hereunder in accordance with Applicable Law (including all local noise ordinances), and shall cause all Subcontractors to comply with Applicable Law. The Company shall comply with the terms of all Governmental Approvals applicable to the RNG Project. (B) Investigations of Non -Compliance. In connection with any actual event of noncompliance with Applicable Law, the Company shall, in addition to any other duties which 36 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 45 Applicable Law may impose: (1) fully and promptly respond to all inquiries, investigations, inspections, and examinations undertaken by any Governmental Body; (2) attend all meetings and hearings required by any Governmental Body; (3) provide all corrective action plans, reports, submittals and documentation required by any Governmental Body; and (4) immediately upon receipt thereof, provide the County with a true, correct and complete copy of any written notice of violation or noncompliance with Applicable Law, and true and accurate transcripts of any oral notice of noncompliance with Applicable Law, issued or given by any Governmental Body. The Company shall furnish the County with a prompt written notice describing the occurrence of any event or the existence of any circumstance which does or may result in any such notice of violation or noncompliance, and of any Legal Proceeding alleging such noncompliance. (C) County Remedies for Non -Compliance. In connection with any actual or alleged event of Company's noncompliance with Applicable Law under this Agreement, the Company shall, without relief under any other provision pursuant to this Agreement, and in addition to any other remedy provided herein or required by a Governmental Body: (1) pay any resulting damages, fines, levies, assessments, impositions, penalties or other charges resulting therefrom; (2) immediately take any action (including, without limitation, making all repairs, replacements and improvements and operating and management practices changes) necessary in order to comply with Applicable Law, continue or resume performance hereunder and eliminate the cause of, and avoid or prevent the recurrence of non-compliance with Applicable Law; (3) comply with any corrective action plan filed with or mandated by any Governmental Body in order to remedy a failure of the Company to comply with Applicable Law; (4) promptly prepare all public notifications required by Applicable Law, and submit such notifications for publication (if applicable); and (5) if requested by the County, in conjunction with the County, if the noncompliance is reasonably likely to cause physical injury to members of the public or damage to the property of members of the public, communicate in a timely and effective manner with the general public as to the nature of the event, the impact on the public, and the nature and timetable for the planned remediation measures. Notwithstanding the foregoing obligations, the Company is not waiving any rights it may have to defend or challenge any alleged noncompliance with Applicable Law and may, in its sole discretion, delay taking any of the foregoing actions until a final determination, administrative decision or adjudication has occurred, unless such delay is reasonably likely to cause physical injury to any person or the environment or a nuisance to members of the public or damage to property. (D) No Nuisance. The Company shall keep the RNG Project and the Site neat, clean and substantially litter -free at all times, ensure that the operation of the RNG Project is operated such that no odor, litter, noise, fugitive dust, vector or other adverse environmental effects constituting, with respect to each of the foregoing, a nuisance condition under Applicable 37 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 46 Law occurs. Should any such nuisance condition occur as a result of the RNG Project, the Company shall expeditiously remedy the condition, make all Capital Improvements and changes in operating and management practices necessary to prevent a recurrence of the nuisance condition, address community complaints and indemnify and hold harmless the County from any Loss -and -Expense relating thereto in the manner provided in Section 13.3. SECTION 8.6. SCHEDULES, PROCEDURES AND REQUIREMENTS. The Company, with the input of the County, shall establish an Annual RNG Project Operating Plan for the RNG Project within 30 days after the start of each calendar year. The Annual RNG Project Operating Plan shall provide for such matters as the parties may mutually deem necessary or desirable in the implementation of this Agreement including, but not limited to any planned downtime. SECTION 8.7. OPERATING HOURS. On and after the Commercial Operation Date, the RNG Project shall be staffed with a facility manager, a lead operator and an operations technician; provided, however, that the facility manager shall not be required to be on -site on a regular basis. At all times when the RNG Project is not staffed on Site, the RNG Project shall be remotely monitored. The Company must promptly respond to all events during off -hours, whether detected by the remote monitoring system, or after contact from a County or Governmental Body representative, and in any event, within 2 hours. Such response may be through the Company's remote monitoring system, electronic mail or via telephone as necessary to address the event. The Company shall have access to the Site and any portion of Landfill necessary to access Site; provided, however, that after regular Landfill hours, the Company shall not have access to the Landfill other than the Site unless accompanied by County personnel. The Company shall provide the County with contact information at which the County can reach a Company representative on a 24-hour per day, seven day a week basis. SECTION 8.8. OPERATING GOVERNMENTAL APPROVALS. (A) Company Responsibilities. (1) Applications and Submittals. The Company, at its own expense and in a timely manner, shall make all filings, applications and reports and shall take all other action necessary or desirable in order to obtain, maintain, renew, extend and comply with the terms of DEQ Approvals necessary during the Term for the commercial operation of the RNG Project. Except for relief expressly identified as an Uncontrollable Circumstance, the Company assumes all costs and risks associated with obtaining and maintaining all DEQ Approvals relating to the operation of the RNG Project, including the risk of delay (other than as set forth in (A)(iii) of the definition of "Uncontrollable Circumstance"), non -issuance, non -renewal or the imposition of any term or condition in connection therewith by DEQ. The failure of DEQ to issue (other than as set forth in (A)(iii) of the definition of "Uncontrollable Circumstance"), renew or maintain any M. 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 47 Governmental Approval relating to the operation of the RNG Project shall not constitute an Uncontrollable Circumstance, unless such failure is due to such Governmental Body's extraordinary and unreasonable failure to issue, renew or maintain any Governmental Approval in connection therewith that constitutes an ultra vires action of the Governmental Body. (2) Data and Information. The Company shall furnish the County with copies of all such data and information sufficiently in advance of their submission to the Governmental Body having jurisdiction so as to allow the County sufficiently in advance a full and meaningful review and comment by the County. All data, information and action shall be supplied and taken on a timely basis considering the requirements of Applicable Law and the responsibilities of the Company as owner of the RNG Project. The data and information supplied by the Company to the County and all Governmental Bodies in connection therewith shall be correct and complete in all material respects, and the Company shall be responsible for any schedule and cost consequences which may result from the submission of materially incorrect, incomplete or delayed information. Notwithstanding the foregoing, if the Company has not received comment from the County in a timely manner following submission to the County which in the Company's sole opinion would adversely impact the submission of data and information to such Governmental Body, then the Company may proceed to submit such data and information to the applicable Governmental Body. (B) Non -Compliance and Enforcement. The Company shall report promptly to the County any inspections by any Governmental Body and all violations of the terms and conditions of any Governmental Approval or Applicable Law pertaining to the RNG Project. The failure of the Company to comply with any Governmental Approval shall constitute a breach of this Agreement as well as an event of noncompliance with the Governmental Approval, provided, however, that such breach shall not constitute an Event of Default giving rise to a termination right except to the extent set forth in Section 11.2(B). (C) Reports to Governmental Bodies. The Company shall prepare all periodic and annual reports, make all information submittals and provide all notices to all Governmental Bodies required by all Governmental Approvals and under Applicable Law with respect to the RNG Project. The Company shall promptly provide the County with a copy of such final regulatory reports that are provided in connection with the RNG Plant's air permit or the NCDEQ - Division of Air. (D) County Title V Permit. (1) Responsibility for Maintaining the County's Title V Permit for the Landfill. As and when required by Applicable Law, the County may need to renew the County's Title V Permit for the operation of the Landfill. Except as set forth in paragraph (2) below, the County 39 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 48 shall have primary responsibility for renewing the County's Title V Permit and shall prepare all filings, applications and reports and take all other action necessary to renew the County's Title V Permit, subject to the Company's obligations pursuant to this Section. The County shall pay all permit renewal and filing fees required in order to renew the County's Title V Permit. (2) Company Assistance. The Company, at its cost and expense, shall cooperate with and assist the County in renewing the County's Title V Permit. Such cooperation and assistance shall include providing to the County and NCDEQ all data, information, plans and documentation that are within its possession or control (including all information specific to the Contract Services that may exist or be required by DEQ to be developed by the Company), which may be required in order to properly comply with the County's Title V Permit. All such data, information, plans and documentation shall be correct and complete in all material respects and shall be developed by the Company in a timely manner in accordance with the Contract Standards. In addition, the Company shall familiarize itself with the terms and conditions of the County's Title V Permit, and take all other action necessary or otherwise reasonably requested by the County in order to assist or support the County in maintaining and renewing the County's Title V Permit. SECTION 8.9. ACCESS, INSPECTION AND VISITATION. The County and its representatives shall have (i) at any time during the Term, the right of access to the RNG Project (including any associated gas meters) for any reasonable purpose upon at least 3 business days' advance written notice, except in the case of an emergency, and (ii) the right during normal business hours to take invitees to such portions of the RNG Project as are suitable for such visitation upon at least 3 business days' advance written notice. Such access to the RNG Project shall be made available, and such visitation of the RNG Project shall be conducted, in a manner which does not interfere with the Company's performance of its operations and any such interference will be at the sole risk of the County and its representatives or invitees causing such interference. The County and its representatives and invitees visiting the RNG Project shall comply with all Company rules and regulations and sign a statement agreeing to assume the risk of the visit. SECTION 8.10. INFORMATION SYSTEM. (A) Availability of Records to County. The Company shall make available to the County upon County reasonable notice all operations, maintenance, performance, and similar records and data relating to the RNG Project, the Site or the Contract Services as are available to the Company that are reasonably necessary to determine whether the Company is in compliance with the terms of this Agreement. .N 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 49 (B) Record Documents. The Company shall maintain at the Site throughout the Term and provide the County with access to complete copies of. (1) all designs, drawings, blueprints, plans, specifications and "as -built" or record drawings and documents pertaining to the RNG Project; and (2) similar documents relating to any Capital Improvements to the RNG Project. The Company shall keep current all such records to show any changes to the RNG Project made by the Company in the performance of the Contract Services. SECTION 8.11. PERIODIC MEETINGS AND REPORTS. (A) Periodic Meetings. Upon reasonable and timely notice from the County, the Company shall attend quarterly scheduled meetings or conference calls and periodic meetings as reasonably requested by the County, to review all aspects of the RNG Project. (B) Quarterly Report. The Company shall keep accurate records of all transactions in connection with the Company's determination and calculation of the License Payment. Following the Commercial Operation Date, the Company shall provide to the County, by the 30th day of each calendar quarter, a report for the preceding calendar quarter summarizing routine and extraordinary activities during such calendar quarter and plans and schedules for future activities. The quarterly report shall include, but not be limited to: (1) Landfill Gas delivered to the RNG Project by the County (MMBTU); (2) Landfill Gas processed at the RNG Project by the Company (MMBTU); (3) Gas injected into pipeline; (4) Scheduled and unscheduled shutdowns including durations, causes and quantity of gas flared; unscheduled; of violations; (5) (6) (7) (8) (9) response, if any; Description of any major repairs, replacements and upgrades; Scheduled shutdowns for the upcoming quarter; Incident reports generated after all shutdowns, both scheduled and Summary of environmental, safety and regulatory compliance, and notices Summary of complaints submitted to the Company and the Company's (10) Curtailments imposed by Piedmont; and 41 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 50 (11) For the last quarter of each calendar year commencing in the 11 th Contract Year, the report (which shall be due within 60 days of the end of the previous quarter) shall also set forth the following for the prior Contract Year: (i) The percentage of methane that was captured from the Landfill Gas accepted at the RNG Project; and (ii) Compliance or non-compliance with the Performance Guarantee. (C) Annual Operations and Financial Reports. The Company shall furnish the County an annual summary of the statistical data provided in the monthly operations reports. (D) Default Reports. The Company shall provide to the County, immediately after the receipt thereof, copies of any written notice of a material default, breach or noncompliance received or sent under or in connection with any material contract entered into by the Company in connection with the Contract Services. (E) Permit Communications and Reports. The Company shall provide to the County copies of all final communications and reports furnished to any Governmental Body pursuant to subsection 6.1(E) and Section 8.8 simultaneously with their submittal to the Governmental Body. SECTION 8.12. METERS. (A) Company Installed Meters and Analyzers. The Company shall install a meter and a gas analyzer at the Landfill Gas Point of Delivery, and a meter and a gas analyzer at the Interconnect Point that monitors both the quantity and the quality of the Landfill Gas delivered from the Landfill Gas Collection System and gas delivered from the RNG Project to the Interconnection, respectively, and a meter to measure waste gas flow from the RNG Project to the Company's destruction devices. The Company shall provide the County, its auditors and the County Project Manager reasonable access to Company installed RNG Project gas meters and physical and real-time electronic, read-only access to those records comprising the information basis of the monthly operations reports to be provided by the Company pursuant to Section 8.11. (B) Operation and Calibration of Meters and Gas Anal. The meters and gas analyzer described in this section shall be calibrated annually (unless equipment manufacturer's specifications require more frequent calibration), and shall be operated and maintained in accordance with the requirements of the Contract Standards. The Company shall provide copies of all flow meter and gas analyzer calibration data and certificates to the County. Either party shall have the right to calibrate, at such party's cost, the meters operated by the other party to confirm such meters' accuracy and the accuracy of the monthly operations reports. If the meters 42 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 51 are found to be more than +/-3% out of range of the equipment specification during calibration, the party who was benefitted by such calibration shall pay for such calibration costs. SECTION 8.13. CONDENSATE. The parties agree that certain vapors condense during processing of Landfill Gas, resulting in condensate. During the Term, the Company may deliver all Acceptable Condensate generated by the RNG Project collected by the Company to a receipt point designated by the County for receipt of such Acceptable Condensate. The County shall be solely responsible for the proper handling, treatment and disposal of Acceptable Condensate after receipt of such Acceptable Condensate at the receipt point. The Company shall be solely responsible for the proper handling, treatment and disposal of condensate, liquids and solids generated by the RNG Project which does not constitute Acceptable Condensate including Hazardous Materials. SECTION 8.14. RELEASES, LEAKS AND SPILLS. (A) Unauthorized Releases Prohibited. The Company shall construct and operate the RNG Project in such a manner that Hazardous Material will not be released, leaked or spilled on or into the environment in violation of Applicable Law. (B) Notification and Reporting. The Company, while contemporaneously notifying the County, shall be responsible for fulfilling all notification of, and reporting requirements established by Applicable Law related to, any unauthorized release of Hazardous Materials into the environment. The Company shall prepare a memorandum evidencing such notification and reporting and provide copies thereof to the County, along with any documents provided to the relevant Governmental Body regarding the release. (C) Cleanup and Costs. The Company shall coordinate with the County and all appropriate Governmental Bodies in effectuating the prompt remediation of any release of Hazardous Materials by the RNG Project, the Company or its subcontractors. The Company shall, in the most expeditious manner possible, cause any such Hazardous Materials to be cleaned up and remediated in accordance with Applicable Law. All costs associated with performing any such cleanup and remediation measures shall be borne by the Company. SECTION 8.15. DISPOSAL OF COMPANY OIL. COOLANT. AND OTHER LIOUIDS. The Company will be responsible for disposing of all oil, coolant and other liquids utilized at, or which are a by-product of the RNG Project including any condensate which does not constitute Acceptable Condensate, at the Company's sole cost and in accordance with Applicable Law. SECTION 8.16. TRAINING OF COUNTY PERSONNEL. (A) Training. If the County takes title to the RNG Project in accordance with subsection 11.7(A), the Company shall, on not less than 45 days' prior written request from the 43 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 52 County, conduct a one-time training program for the County and its designees in order to enable the County to assume operating and management responsibility for the RNG Project at the expiration or earlier termination of this Agreement. The program shall be substantially equivalent to the training afforded the Company's and Subcontractor's employees in connection with the start-up of the RNG Project prior to the RNG Project Tests. In addition, the Company shall permit County supervisory and operating personnel to observe the operation of the RNG Project for a period of up to one month prior to expiration or termination of this Agreement, which observation activities shall not interfere with the Company's performance of the Contract Services. All County employee expenses pertaining to the observation activities of County supervisory and operating personnel shall be borne by the County. (B) Compensation. The reasonable cost and expense of providing the required one-time training program pursuant to this subsection shall be borne by the County. SECTION 8.17. METHANE CAPTURE GUARANTEE. (A) Methane Capture Guarantee. Commencing in Contract Year 11 after the RNG Project Commercial Operations Date, the Company shall operate the RNG Project to capture no less than 85% of the volume of methane contained in all Landfill Gas accepted at the RNG Project that is processed into Renewable Natural Gas for each Contract Year (the "Methane Capture Guarantee"). (B) Failure to Meet Methane Capture Guarantee. Commencing in Contract Year 11, if the Company fails to comply with the Methane Capture Guarantee in any Contract Year, and such failure is not caused as a result of an Uncontrollable Circumstance (including as set forth in in subsection (C) (Relief Due to Quality of Landfill Gas) of this Section or a default by the County under this Agreement, the Company shall promptly, at its sole cost and expense, take all action necessary (including making all capital investments, improvements or modifications, repairs and replacements and operating and management practices changes) in order for the RNG Project to comply with the Methane Capture Guarantee. If the Company fails to take corrective action to restore compliance with the Methane Capture Guarantee in accordance with this subsection and such failure continues for a second consecutive Contract Year, the County may terminate this Agreement for an Event of Default by the Company under subsection 11.2(A) (Events of Default Not Requiring Notice or Cure Opportunity for Termination). The County shall have the right at any time to conduct investigations to confirm the Company's compliance with the Methane Capture Guarantee. Any such County investigations shall be conducted so as not to unreasonably interfere with the Company's use and operation of the RNG Project. (C) Relief Due to Quality of Landfill Gas. If and to the extent that any Company non-compliance with the Methane Capture Guarantee is the direct result of the delivery of Landfill 44 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 53 Gas that includes concentration levels or characteristics of any Landfill Gas quality parameter which is listed among the Landfill Gas Quality Standards that are outside the applicable parameter range, the non-compliance with the Methane Capture Guarantee shall be deemed to have been caused by an Uncontrollable Circumstance. 45 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 54 ARTICLE IX RIGHTS TO LANDFILL GAS; COMPENSATION TO COUNTY SECTION 9.1. RIGHTS TO LANDFILL GAS. (A) Landfill Gas Grant; Quantity and Quality. In consideration for the payment of the License Payment by the Company and the performance of its obligations hereunder, the County hereby grants, conveys and assigns to the Company, free and clear of all liens, claims and encumbrances whatsoever, all Landfill Gas collected by the Landfill Gas Collection System and the associated Environmental Attributes in accordance with Section 9.3. The County makes no representation or guaranty regarding the quantity or quality of Landfill Gas that will be generated at the Landfill. The Parties anticipate that the Landfill Gas would have the qualities set forth in Appendix I (Landfill Gas Quality Standards). If the Landfill Gas does not meet such quality standards, the County will use good faith efforts to tune the Landfill Gas Collection System in order to meet such standards. The duty to undertake such good faith efforts shall not require the County to undertake efforts that would be commercially unreasonable or affect environmental compliance. Title to Landfill Gas shall transfer to the Company at the Point of Delivery. (13) Landfill Gas Treatment. The Company shall be solely responsible for any Landfill Gas treatment or conditioning necessary for the RNG Project to process Landfill Gas and sell RNG; provided, however, that Company may reject Landfill Gas that does not meet the Landfill Gas Quality Standards that is delivered to the Point of Delivery if Company determines in good faith that such Landfill Gas is reasonably likely to (i) materially damage any part of the RNG Project, or (ii) create a health or safety emergency at any part of the RNG Project. (C) Restricted Landfill Gas Flow to RNG Project. The County reserves the right to restrict the flow of Landfill Gas to the RNG Project when, in the County's reasonable discretion, it determines that operation of the flare is necessary to comply with Applicable Law or to control odors that become a nuisance condition. The County and the Company agree to work in cooperation to minimize, to the maximum extent practicable, the number of occurrences in which there is restricted Landfill Gas flow to the RNG Project. SECTION 9.2. CONSIDERATION TO THE COUNTY FOR LICENSE. (A) License Payment. In consideration for the rights granted by the License, commencing on the Commercial Operation Date (except with respect to the Fixed Payment component which payment shall commence on the Scheduled Commercial Operation Date), the Company shall provide to the County, payment as follows ("License Payment"): .n 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 55 (1) (i) during the first 10 Contract Years, a monthly payment equal to $3.08 (as escalated in accordance with paragraph (C) below (the "MMBTU Price") for each mmbtu of Landfill Gas that meets the Landfill Gas Quality Standards delivered or available for delivery to the Point of Delivery in such month; provided that the Company shall not be required to pay the MMBTU Price only in the following circumstances: (a) it cannot accept Landfill Gas due to the plant being down for maintenance which shall in no event exceed 15% in the first Contract Year and 5% in any Contract Year thereafter, (b) the Company is prevented from injecting gas into the Interconnection and it is in no way due to Company Fault, (c) acts of God prevent the plant from being operated, or (d) electric power to the RNG Project is cutoff due to reasons wholly out of the Company's control; provided, however, in the event of the occurrence of items (a)-(d) above, no payment relief shall be granted to the Company unless the notice and mitigation requirements set forth in Section 13.2(B) are complied with; and (ii) during Contract Years 11 through the expiration of the Initial Term, a monthly payment equal to the greater of (a) 20 percent of Gross Revenues (the "Gross Revenue Component") and (b) the Minimum Payment described in paragraph (D) below; provided that the County shall not be entitled to compensation on a Gross Revenue basis for any Landfill Gas for which it received compensation on an MMBTU price basis including Landfill Gas produced in the last month of Contract Year 10, and (iii) during any Renewal Term the greater of 25 percent of Gross Revenues and (b) the Minimum Payment described in paragraph (D) below (each of (i), (ii) and (iii), a "Royalty Payment"); (2) a monthly Site rental equal to 1 / 12 of $100; and (3) an annual payment in the amount of $300,000.00 as escalated in accordance with paragraph (C) below (the "Fixed Payment"). (B) Payment. Beginning on the Scheduled Commercial Operation Date and on every anniversary of such date thereafter during the Term, the Company shall pay the County the Fixed Payment. In addition, within thirty (30) days after the end of each month during the Term (and on the date that is 60 days following the end of the Term), the Company shall pay the monthly Royalty Payment and monthly Site rental to the County. The Company shall sell all Landfill Gas and Environmental Attributes generated during the Term within 30 days following the end of the Term and shall pay the County its Gross Revenue Component by the 60th day following the end of the Term. Each payment shall be accompanied by a statement that fully substantiates the payment calculation, in the form attached as Appendix J hereto (the "Royalty Statement") and the Company shall provide an annual statement at the end of each Contract Year that summarizes the monthly statements for such year that are due including all Landfill Gas delivered to the Point of Delivery, whether such Landfill Gas met the Landfill Gas Quality Standards, Landfill Gas processed by the RNG Project, and RNG and Environmental Attributes produced by the RNG Project, value of such RNG and attributes and to the extent applicable, the 47 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 56 Minimum Payment substantially in the form of Appendix J. In addition, following Contract Year 10 (other than the first month when compensation will be on an MMBTU Price basis), the statement shall include all information regarding Gross Revenues including any amounts that have been netted out in accordance with the definition thereof. In addition, in any month during the Term in which the Royalty Payment will be based upon Gross Revenues, the Company shall provide the County with the data necessary for the County to calculate and verify the Royalty Payment for such month. Amounts not paid within such 30 day period will accrue interest at the Overdue Rate. To the extent that any information in such sales contracts is designated "trade secret" or "confidential", the County shall not disclose such information to third parties to the extent allowable under law; and shall give the Company notice of any request for such information prior to releasing such information in order to allow the Company to participate in any court proceeding concerning the disclosure of such information. (C) Escalation. The MMBTU Price during the first 10 Contract Years (and for purposes of calculating the Minimum Payment following the first 10 Contract Years) and the Fixed Payment through the Term shall escalate in accordance with the following: W With respect to the MMBTU Price which shall escalate commencing on the one year anniversary of the Commercial Operation Date and every year thereafter: Adjusted MMBTU Price = Current MMBTU Price x (1+ACPI) Where, Adjusted MMBTU Price = price for the next 12 months, rounded to the nearest whole cent Current MMBTU Price = price for the preceding 12 months ACPI = percent change in CPI in the preceding 12 months (ii) With respect to the Fixed Payment which shall escalate commencing on the one year anniversary of the Scheduled Commercial Operation Date and every year thereafter: Adjusted Fixed Payment = Current Fixed Payment x (1+ACPI) Where, Adjusted Fixed Payment = Fixed Payment for the next 12 months, rounded to the nearest whole cent Current Fixed Payment = Fixed Payment for the preceding 12 months ACPI = percent change in CPI in the preceding 12 months Notwithstanding the foregoing, in no event shall such rate increase be more that 5% or less than 1% over the previous calendar year. The calculation of price increases shall be based upon the 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 57 available information on the date that the increase is due to occur in accordance with this Agreement. (D) Minimum Payment. As set forth in paragraph (B) above, beginning on the 1 lth Contract Year the County shall be paid the greater of the Gross Revenue Component and the Minimum Payment. The Minimum Payment shall be equal to (i) the MMBtu Price (as escalated in accordance with Section 9.2(C)), multiplied by (ii) each MMBtu of Landfill Gas that meets the Landfill Gas Quality Standards delivered or available for delivery to the Point of Delivery in such month, multiplied by (iii) eighty percent (80%) as set forth on Appendix J. (E) County Right to Audit. Once per each twelve-month period from the Effective Date, upon reasonable prior written notice for an audit, the Company shall permit a mutually acceptable independent auditor designated by the County, to examine, during ordinary business hours, records, and materials of the Company for the purpose of verifying the information provided in the Royalty Statements. The auditors and the County will be required to sign appropriate nondisclosure agreements prior to receiving any confidential information of the Company or its Affiliates. Approval of such independent auditor shall not be unreasonably withheld, and any expenses associated with such audit and examination shall be paid for by the County. The County's right to audit shall be exercised within twelve (12) months from the date of receipt of the Royalty Statement at issue. No such audit may be conducted on a contingency basis by a third party (and therefore no portion of the fee or other compensation payable to any third party may in any way be tied to the results of such audit), and any such audit conducted on such basis shall be deemed void for the purposes hereof. The Company shall not have any liability to County for any discrepancy relating to records or statements if County has not exercised such audit rights within the twelve (12) month period required hereunder. SECTION 9.3. ENVIRONMENTAL ATTRIBUTES. The rights to all Environmental Attributes generated by the RNG Project shall belong to the Company and revenues associated with such Environmental Attributes shall constitute Gross Revenues. Any Environmental Attributes not generated by the RNG Project (e.g. Environmental Attributes generated from the flaring of Landfill Gas by a County -owned flare) shall belong to the County and the County shall retain all revenues generated by such Environmental Attributes. Upon the Company's reasonable request, the County shall provide the Company reasonable access to the County -owned flare data. SECTION 9.4. TAX BENEFITS. The Company shall retain title to all Tax Benefits associated with the production of RNG by the RNG Project. Notwithstanding the foregoing, the County will retain all rights to any tax, emission, or other credits, certificates, or similar benefits related to the collection, processing, transportation, delivery, management or control of Landfill Gas prior to the County's delivery of Landfill Gas to the Point of Delivery. 49 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 58 SECTION 9.5. DUTY OF GOOD FAITH DEALINGS. During the Term, the Company shall use good faith efforts to maximize the License Payment consistent with good RNG business practices. All transactions undertaken by the Company with third parties in connection with the RNG Project will be arm's length transactions. The parties acknowledge that they have an obligation to use good faith and fair dealing with the other party in all aspects of this Agreement. 50 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 59 ARTICLE X OWNERSHIP OF RNG PROJECT; LANDFILL GAS COLLECTION SYSTEM SECTION 10.1. RNG PROJECT AND CAPITAL IMPROVEMENTS AS PERSONAL PROPERTY. As between the parties, all of the equipment and property (other than the real property) incorporated in any part of the RNG Project and any repair, rehabilitation replacement, improvement, alteration or addition to the RNG Project or any part thereof installed by the Company are the sole and exclusive property of the Company. All of such equipment or property shall remain personal property notwithstanding the method or mode of its installation on, under or attachment to any real property. The Company shall pay or cause to be paid any tax levied on the RNG Project. Upon the termination or expiration of this Agreement, the Company shall be obligated to remove such equipment and property incorporated into the RNG Project in accordance with Section 11.7 unless the County elects to take title to the RNG Project in accordance with the provisions of Section 11.7. SECTION 10.2. LANDFILL GAS COLLECTION SYSTEM. All equipment and materials which comprise the Landfill Gas Collection System are and shall be owned by the County and operated and maintained by the County or its contractor. 51 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 60 ARTICLE XI BREACH, DEFAULT, TERMINATION FOR CAUSE, AND DISPUTE RESOLUTION SECTION 11.1. REMEDIES FOR BREACH. The parties agree that, except as otherwise provided in this Agreement with respect to termination rights, in the event that either party breaches this Agreement, the other party may exercise any legal rights it has under this Agreement, under the Security Instrument and under Applicable Law to recover damages or to secure specific performance, and that such rights to recover damages and to secure specific performance shall ordinarily constitute adequate remedies for any such breach. Neither party shall have the right to terminate this Agreement for cause except upon the occurrence of an Event of Default. In the event either party shall have the right to terminate this Agreement as provided herein, this Agreement may be terminated (except by expiration of the Term) only by a written instrument of termination executed by the appropriate party and delivered to the non -terminating party. SECTION 11.2. EVENTS OF DEFAULT BY THE COMPANY. (A) Events of Default Not Requiring Previous Notice or Further Cure Opportunity for Termination. Unless the occurrence of any of the following is directly due to an Uncontrollable Circumstance, each of the following shall constitute an Event of Default by the Company upon which the County, by notice to the Company, may terminate this Agreement without any requirement of having given notice previously or of providing any further cure opportunity: (1) Failure to Achieve Commercial Operation Date. The failure of the Company to achieve Commercial Operation of the RNG Project Work by the end of the Extension Period unless due to Uncontrollable Circumstances; (2) Voluntary Bankruptcy• The written admission by the Company or the Guarantor that it is bankrupt, or the filing by the Company or the Guarantor of a voluntary petition under the Bankruptcy Code, or the consent by the Company or the Guarantor to the appointment by a court of a receiver or trustee for all or a substantial portion of its property or business, or the making by the Company or the Guarantor of any arrangement with or for the benefit of its creditors involving an assignment to a trustee, receiver or similar fiduciary, regardless of how designated, of all or a substantial portion of the Company's or the Guarantor's property or business; (3) Involuntary Bankruptcy. The final adjudication of the Company or the Guarantor as bankrupt after the filing of an involuntary petition under the Bankruptcy Code; or 52 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 61 (4) Extended Uncontrollable Circumstance Event. The Company fails to perform its obligations under this Agreement due to an Uncontrollable Circumstance which lasts longer than six (6) consecutive months during the Term. (B) Events of Default Requiring; Previous Notice and Cure Opportunity for Termination. (1) Representations and Warranties. Any representation or warranty of the Company hereunder was false or inaccurate in any material respect when made, and the legality of this Agreement or the ability of the Company to carry out its obligations hereunder is thereby adversely affected; (2) Events of Default Requiring Notice and Cure Opportunity. Subject to clause (2) of this subsection, unless the occurrence of any of the following is directly due to an Uncontrollable Circumstance, each of the following shall constitute an Event of Default by the Company upon which the County, by notice to the Company, may terminate this Agreement: (i) Security for Performance. The failure of the Company to obtain, maintain in full force and effect or renew within 30 days prior to expiration any Security Instrument except to the extent the Security Instrument expires or terminates pursuant to the terms thereof, or Required Insurance required by Article XII and Article XIII as security for the performance of this Agreement; (ii) Failure to Pay. The Company fails to pay any amount required to be paid to the County pursuant to this Agreement within 30 days following the due date for such payment (other than the License Payment which is addressed in (A)(5) above; or (iii) Failure Otherwise to Materially Comply with Agreement. The failure or refusal by the Company substantially to perform any other material obligation under this Agreement unless such default is excused by an Uncontrollable Circumstance or County Fault. (3) Notice and Cure Opportunity. No such default described in this subsection (B) shall constitute an Event of Default giving the County the right to terminate this Agreement for cause under this subsection unless: (i) The County has given prior written notice to the Company stating that in its opinion a specified default in its duty to pay or perform exists which gives the County a right to terminate this Agreement for cause under this Section, and describing the default in reasonable detail; and (ii) The Company has not paid an amount due within 30 days of such notice, or for non-payment obligations, has not initiated within a reasonable time (in any event not 53 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 62 more than 30 days from the initial default notice) and continued with due diligence to carry out to completion, all actions reasonably necessary to correct the default and prevent its recurrence. If the Company shall have paid the amount due within 30 days of such notice or, for non-payment obligations shall have initiated within such reasonable time and continued with due diligence to carry out to completion all such actions (and corrected such default within 90 days), the default shall not constitute an Event of Default. (C) Other Remedies Upon Company Event of Default. The right of termination provided under this Section upon an Event of Default by the Company is not exclusive. If this Agreement is terminated by the County for an Event of Default by the Company, the County shall have the right to pursue a cause of action for actual damages and to exercise all other remedies which are available to it under this Agreement, under the Security Instrument and under Applicable Law; provided that if the County elects to purchase the RNG Project pursuant to Section 11.7(A)(2), the County shall have no further remedies. In the event that the County successfully pursues an action to enforce any remedy provided in this Article, the Company shall be liable to the County for payment of all costs and expenses which are incurred by the County in connection with such action. SECTION 11.3. EVENTS OF DEFAULT BY THE COUNTY. (A) Events of Default Not Requiring Previous Notice or Further Cure Opportunity For Termination. Each of the following shall constitute an Event of Default by the County upon which the Company, by notice to the County, may terminate this Agreement without any requirement of having given notice previously or of providing any further cure opportunity: (1) Voluntary Bankruptcy. The filing by the County a petition of voluntary bankruptcy under the Bankruptcy Code; the consenting of the County to the filing of any bankruptcy or reorganization petition against the County under the Bankruptcy Code; or the filing by the County of a petition to reorganize the County pursuant to the Bankruptcy Code; or (2) Involuntary Bankruptcy. The issuance of an order of a court of competent jurisdiction appointing a receiver, liquidator, custodian or trustee of the County, respectively, or the filing against the County of a petition to reorganize the County pursuant to the Bankruptcy Code, which order shall not have been discharged or which filing shall not have been dismissed within 90 days after such issuance or filing, respectively. (B) Events of Default Requiring Notice and Cure Opportunity Termination. Subject to subsection (C) of this Section, unless the occurrence of any of the following is directly 54 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 63 due to an Uncontrollable Circumstance, each of the following shall constitute an Event of Default by the County upon which the Company, by notice to the County, may terminate this Agreement: (1) Representations and Warranties. Any representation or warranty of the County hereunder was false or inaccurate in any material respect when made, and the legality of this Agreement or the ability of the County to carry out its obligations hereunder is thereby adversely affected; (2) Failure to Perform Otherwise to Materially Comply with Agreement. The failure, refusal or other default by the County substantially to perform any other material obligation under this Agreement unless such default is excused by an Uncontrollable Circumstance or Company Fault. (C) Notice and Cure Opportunity. No such default described in subsection (B) of this Section shall constitute an Event of Default giving the Company the right to terminate this Agreement for cause under this subsection unless: (i) The Company has given prior written notice to the County stating that a specified default exists which gives the Company a right to terminate this Agreement for cause under this Section, and describing the default in reasonable detail; and (ii) The County has not initiated within a reasonable amount of time (in any event not more than 30 days from the initial default notice) and continued with due diligence to carry out to completion all actions reasonably necessary to correct the default and prevent its recurrence. If the County shall have initiated within such reasonable time and continued with due diligence to carry out to completion all such actions (and corrected such default within 90 days), the default shall not constitute an Event of Default. (D) Other Remedies Upon County Event of Default. The right of termination provided under this Section upon an Event of Default by the County is not exclusive. If this Agreement is terminated by the Company for an Event of Default by the County, the Company shall have the right to pursue a cause of action for actual damages and to exercise all other remedies which are available to it under this Agreement and under Applicable Law. In the event that the Company successfully pursues an action to enforce any remedy provided in this Article, the County shall be liable to the Company for payment of all costs and expenses which do not amount to a waiver of the County's sovereign immunity and are incurred by Company in connection with such action. SECTION 11.4. CONVENIENCE TERMINATION SUBSEQUENT TO COMMERCIAL OPERATION DATE. 55 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 64 (A) Convenience Termination Due to Uncontrollable Circumstances. In the event an Uncontrollable Circumstance causes a total constructive loss of the RNG Project, and thereupon the County elects to exercise its right of convenience termination under this Section, no payment shall be required from the County and the Company shall comply with subsection 11.7(B). A "total constructive loss" for this purpose shall be deemed to have occurred: (1) if so determined by the casualty insurance carrier; or (2) if the RNG Project is substantially inoperable for a period of at least twelve months following the occurrence of the Uncontrollable Circumstance. Upon such termination, the Company shall remove the Facility from the Site and restore the Site as set forth in Section 11.7(B) unless the County agrees to purchase the RNG Project. (B) Termination Due to Action of Governmental Body or Absence of Gas. In the event (i) the DEQ, EPA or any other Governmental Body (other than the County) having jurisdiction over the Landfill or Site requires the RNG Project to cease operations due to acts, events or conditions beyond the reasonable control of the Company and such cessation continues for more than 180 consecutive days, or (ii) Commercial Quantities of Landfill Gas meeting the Landfill Gas Quality Standards has not been made available to the RNG Project for a period of 12 months following the Acceptance Date, then the Company may terminate this Agreement upon thirty (30) days written notice to the County without liability or payment by either party to the other. Upon such termination, the Company shall remove the Facility from the Site and restore the Site as set forth in Section 11.7(B) unless the County agrees to purchase the RNG Project. (C) Termination Due to County Failure to Comply with Applicable Law. In the event that Commercial Quantities of Landfill Gas meeting the Landfill Gas Quality Standards has not been made available to the RNG Project for a period of 6 months following the Acceptance Date as a result of the failure of the County to comply with Applicable Law, the Company may terminate this Agreement if: (i) The Company has given prior written notice to the County stating that Commercial Quantities of Landfill Gas meeting the Landfill Gas Quality Standards has not been made available to the RNG Project for a period of 6 months following the Acceptance Date as a result of the failure of the County to comply with Applicable Law; and (ii) The County has not initiated within a reasonable amount of time (in any event not more than 30 days from the initial notice) and continued with due diligence to carry out to completion all actions reasonably necessary to correct the issue and prevent its recurrence. 56 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 65 If the County shall have initiated within such reasonable time and continued with due diligence to carry out to completion all such actions (and corrected such issue within 90 days), the Company may not terminate the Agreement pursuant to this Section. Upon any termination resulting from the failure of the County to comply with Applicable Law pursuant to this Section, the Company shall be entitled to all remedies set forth in Section 11.3(D). (D) Payment of Amounts Owing Through the Termination Date. Upon any termination pursuant to this Section, the County shall be paid all amounts due for the License Payments but not yet paid as of the date of termination. (E) Completion or Continuance by County. After the date of any termination under this Section, the County may at any time (but without any obligation to do so) take any and all actions necessary or desirable to continue and complete the Contract Services so terminated, including, without limitation, entering into contracts with other operators and contractors. SECTION 11.5. PAYMENT DISPUTES. If a party disputes any amount that is payable under this Agreement, the party disputing such amount shall provide written notice to the other party of such disputed amount, together with sufficient information to enable the other party to understand the nature of the dispute. Such notice shall be delivered by the party disputing such amount no later than the date that such amount is due and payable (or, if later, within 10 days after the date on which the disputing party has information necessary to determine that it has a dispute) and (as applicable) the party disputing such amount shall make payment of any undisputed amount on the due date thereof. If the amount that is in dispute is ultimately determined to be due and payable, such disputed amount, together with interest thereon (at the Overdue Rate) shall be paid by the party disputing such amount within 10 business days. SECTION 11.6. CUMULATIVE REMEDIES. The rights and remedies granted in this Agreement to the County and the Company upon an Event of Default are cumulative, and the exercise of such rights shall be without prejudice to the enforcement of any other right or remedy authorized by law or this Agreement except with respect to the County in the event it expects to purchase the RNG Project pursuant to Section 11.7(A)(2). SECTION 11.7. DISPOSITION OF RNG PROJECT AT END OF TERM. (A) County Option to Take Title. (1) Expiration of Term. If the parties fail to extend the Term in accordance with Section 3.2, the County may elect to purchase the RNG Project from the Company for the corresponding amount set forth in Appendix H upon 120 days written notice prior to the 57 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 66 expiration of the Term. The Company shall transfer title (lien -free) to the RNG Project to the County upon the County paying the corresponding amount set forth in Appendix H. (2) Termination as a Result of Company Event of Default. The County may elect to purchase the RNG Project upon a termination of this Agreement for a Company Event of Default upon 30 days written notice to the Company. The Company shall transfer title to the RNG Project upon the County paying the Company 80% of the corresponding amount of the estimated book value set forth in Appendix H. (B) Removal and Restoration. The parties hereby agree that the RNG Project shall remain the personal property of the Company notwithstanding the method or mode of installation or attachment to real property. Unless purchased by the County pursuant to subsection (A) of this Section, the Company shall have an obligation within 180 days after the end of the Term to: (1) remove the equipment and personal property constituting the RNG Project, except for any underground pipes; (2) fill any and all underground pipes with grout; (3) restore the surface of the Site and any other areas disturbed by the Company's installation of the RNG Project to substantially its condition at the execution of this Agreement, except to the extent a change in condition results from a cause other than the Company's activities; (4) remediate any environmental impacts related to the Company's activities at the Site; and (5) deliver to the County a copy of any as -built drawings in its possession relating to the RNG Project, as such drawings may have been updated from time to time; provided however, Company shall not have any duty or obligation to correct or remediate any liabilities that were in existence prior to the Effective Date. The Company is hereby granted such rights of use and access as may be necessary to complete the removal and restoration work set forth in this subsection. SECTION 11.8. OBLIGATIONS OF THE COMPANY UPON TERMINATION OR EXPIRATION IF COUNTY TAKES TITLE. If the County chooses to purchase the RNG Project pursuant to Section 11.7, the Company shall comply with the following: (A) Company Obligations. Upon a termination of the Company's right to perform this Agreement, or upon the expiration of this Agreement under Section 3. 1, the Company shall, at its expense, as applicable: (1) stop the Contract Services on the date and to the extent specified by the County; (2) promptly take all action as necessary to protect and preserve all materials, equipment, tools, facilities and other property; (3) subject to subsection (C) of this Section, remove from the RNG Project all construction equipment, implements, machinery, tools, temporary facilities of any kind and other M. 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 67 property owned or leased by the Company (including, but not limited to sheds, trailers, workshops and toilets), and repair any damage caused by such removal; (4) leave the RNG Project in a neat and orderly condition; (5) remediate any environmental impacts created by the Company's activities at the Site; provided, however, Company shall not have any duty or obligation to correct or remediate any liabilities that were in existence prior to the Effective Date; (6) subject to subsections (B) and (C) of this Section, promptly remove all employees of the Company and any Subcontractors and vacate the RNG Project; (7) promptly deliver to the County a list of all supplies, materials, machinery, equipment, property and special order items previously delivered or fabricated by the Company or any Subcontractor but not yet incorporated in the RNG Project; (8) deliver to the County the RNG Project Operation and Maintenance Manual and all software reasonably necessary to operate and maintain the RNG Project, including all revisions and updates thereto, provided, however, that the County shall not use any information in the RNG Project Operation and Maintenance Manual marked as proprietary or confidential for use in any other RNG project, and shall not disclose such information to third parties other than as required by Applicable Law; (9) deliver to the County a copy of all books and records in its possession relating to the performance of the Contract Services; (10) deliver to the County any as -built drawings in its possession relating to the RNG Project including underground facilities, as such drawings may have been updated from time to time; (11) advise the County promptly of any special circumstances which might limit or prohibit cancellation of any Subcontract; statement of: (12) promptly deliver to the County copies of all Subcontracts, together with a W the items ordered and not yet delivered pursuant to each agreement; (ii) the expected delivery date of all such items; (iii) the total cost of each agreement and the terms of payment; and (iv) the estimated cost of canceling each agreement; (13) assign to the County any Landfill Gas and Environmental Attributes sales contracts that are assignable pursuant to their terms and that do not include volumes of gas or 59 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 68 attributes produced from any other project owned by an Affiliate of Company, Interconnection Agreement and Subcontract that the County elects in writing, at its sole election and without obligation, to have assigned to it. The County shall assume, and the Company shall be relieved of its obligations under, any such gas sales or purchase agreement, Interconnection Agreement, or Subcontract so assigned from the date of such assignment; (14) terminate all Subcontracts which the County has not directed the Company to assign, and make no additional agreements with Subcontractors; (15) cooperate in transferring to the County any and all permits and other Governmental Approvals necessary for operation of the RNG Project; (16) as directed by the County, transfer to the County by appropriate instruments of title, and deliver to the RNG Project (or such other place as the County may specify), all special order items pursuant to this Agreement for which the County has made or is obligated to make payment; (17) to the extent transferable, promptly transfer to the County all warranties given by any manufacturer or Subcontractor, together with copies of all related operating manuals, with respect to particular components of the RNG Project Work; (18) notify the County promptly in writing of any Legal Proceedings against the Company by any Subcontractor or other third parties relating to the termination of the Contract Services, the RNG Project Work (or any Subcontracts); (19) give written notice of termination, effective as of date of termination of this Agreement, promptly under each policy of Required Insurance (with a copy of each such notice to the County); (20) take such other actions, and execute such other documents as may be necessary to effectuate and confirm the foregoing matters, or as may be otherwise necessary and take no action which shall increase any amount payable by the County under this Agreement; (21) deliver to the County all operating and regulatory compliance data for the RNG Project and such other files reasonably necessary to operate and maintain the RNG Project; and (22) provide the County with access and security codes with instructions and demonstrations which show how to open and change such codes. (B) Hiring of Company Personnel. Upon the termination or expiration of this Agreement under any provision hereof, the County shall have the right to offer employment on any terms it may choose to any Company employee employed full time at the RNG Project, regardless 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 69 of any Company job offer, letter or similar document or Company "non -compete" clauses executed by such employee and the employee shall not be prohibited from accepting such offer. Notwithstanding the foregoing, nothing herein shall prohibit Company from offering continued employment to such employee on any terms it may choose. (C) Continuity of Service and Technical Support. Upon the termination of the Company's right to perform this Agreement or upon the expiration of this Agreement under Section 3.1, the Company, at the request, direction and expense of the County, shall provide continuity of service for the smooth and orderly transition of management to the County or any replacement operator designated by the County. Such service shall be for a period of up to 7 days and shall include providing all or such portion of the Contract Services, including technological and design advice and support, as the County may determine, and delivering any plans, drawings, renderings, blueprints, operating manuals, computer programs or other information useful or necessary for the County or any replacement operator designated by the County to carry out and complete the RNG Project Work and to perform the Contract Services. In addition, the Company shall, at the County's request, provide the County and any replacement operator with the training program relating to the operation of the RNG Project. SECTION 11.9. PROCEDURE FOR TERMINATION. If any party shall have a right of termination in accordance with this Article XI, the same may be exercised by written notice of termination stating the date of termination (the "Termination Date"). SECTION 11.10. NO WAIVERS. The terms and provisions of this Agreement may be modified only by a written document executed by the parties. No action of the County or Company pursuant to this Agreement (including, but not limited to, any investigation or payment), and no failure to act, shall constitute a waiver by either party of the other party's compliance with any term or provision of this Agreement. No course of dealing or delay by the County or Company in exercising any right, power or remedy under this Agreement shall operate as a waiver thereof or otherwise prejudice such party's rights, powers and remedies. No single or partial exercise of (or failure to exercise) any right, power or remedy of the County or the Company under this Agreement shall preclude any other or further exercise thereof or the exercise of any other right, power or remedy. SECTION 11.11. NO CONSEQUENTIAL OR PUNITIVE DAMAGES. In no event shall either party hereto be liable to the other or obligated in any manner to pay to the other any special, incidental, consequential, punitive or similar damages based upon claims arising out of or in connection with the performance or non-performance of its obligations or otherwise under this Agreement, or the material falseness or inaccuracy of any representation made in this Agreement, whether such claims are based upon contract, tort, negligence, warranty or other legal theory; 61 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 70 provided, however, that nothing in this Section shall limit the obligation of a party to indemnify the other party for any special, incidental, consequential, punitive or similar damages payable to third parties resulting from any act or circumstance for which such party is obligated to indemnify the other party hereunder. SECTION 11.12. FORUM FOR DISPUTE RESOLUTION. It is the express intention of the parties that all Legal Proceedings related to this Agreement or the RNG Project or to any rights or any relationship between the parties arising therefrom shall be solely and exclusively initiated and maintained in the State courts located in New Hanover County, North Carolina. The Company and the County each irrevocably consents to the jurisdiction of such courts in any such actions or proceedings and waives any objection it may have to the laying of the jurisdiction of any such action or proceeding. SECTION 11.13. NON -BINDING MEDIATION. (A) Rights to Request and Decline. Either party may request non -binding mediation of any dispute arising under this Agreement, whether technical or otherwise. The non - requesting party may decline the request in its sole discretion. If there is concurrence that any particular matter shall be mediated, the provisions of this Section shall apply. (B) Procedure. The mediator shall be a professional engineer, attorney or other professional mutually acceptable to the parties who has no current or on -going relationship to either party. The mediator shall have full discretion as to the conduct of the mediation. Each party shall participate in the mediator's program to resolve the dispute until and unless the parties reach agreement with respect to the disputed matter or one party determines in its sole discretion that its interests are not being served by the mediation. (C) Non -Binding Effect. Mediation is intended to assist the parties in resolving disputes over the correct interpretation of this Agreement. No mediator shall be empowered to render a binding decision. (D) Relation to Judicial Legal Proceedings. Nothing in this Section shall operate to limit, interfere with or delay the right of either party under this Article to commence judicial Legal Proceedings upon a breach of this Agreement by the other party, whether in lieu of, concurrently with, or at the conclusion of any non -binding mediation. 62 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 71 ARTICLE XII SECURITY FOR PERFORMANCE SECTION 12.1. GUARANTY AGREEMENT. The Company shall cause the Guaranty Agreement to be provided and maintained by the Guarantor during the Term in the form attached hereto as a Transaction Form. SECTION 12.2. COSTS OF PROVIDING SECURITY FOR PERFORMANCE. The cost and expense of obtaining and maintaining the Security Instrument required under this Article as security for the performance of the Company's obligations hereunder shall be borne by the Company without reimbursement from the County. 63 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 72 ARTICLE XIII INSURANCE, UNCONTROLLABLE CIRCUMSTANCES AND INDEMNIFICATION SECTION 13.1. INSURANCE. (A) Required Insurance. At all times during the Term, the Company and County shall obtain and maintain the Required Insurance, as applicable, and shall pay all premiums with respect thereto as the same become due and payable. The Required Insurance shall be provided concurrently with the execution and delivery of this Agreement or otherwise as provided by Applicable Law and remain in effect during the Term in annually (or other) renewable periods. (B) Insurers, Deductibles and County Rights. All Required Insurance shall be obtained and maintained from financially sound and generally recognized responsible insurance companies meeting the qualifications set forth in Appendix D. The insurers shall be authorized to write such insurance in the State. The insurance coverage may be written with deductible amounts within the limits agreed to by the County, and the Company shall be responsible for any deductible amounts. The Company shall also be responsible for all self -insured retentions contained in its insurance coverages, as well as any excluded losses. All policies evidencing such insurance shall provide for: (1) payment of the losses to the County and to the Company as their respective interests may appear•, and (2) at least 30 days prior written notice of the cancellation (10 days in the event of non-payment) thereof to the Company and the County. All policies of insurance required by this Section shall be primary insurance without any right of contribution from other insurance carried by the County. (C) Certificates, Policies and Notice. The delivery by the Company to the County of certificates of insurance is required by this Agreement as a condition to the occurrence of the Commercial Operation Date. The Required Insurance, including any renewals thereof, shall be evidenced by certificates of insurance as provided herein and in Appendix D. No later than 60 days prior to the beginning of each calendar year throughout the Term, the Company shall furnish certificates of insurance to the County to confirm the continued effectiveness of the Required Insurance. Whenever a Subcontractor is utilized, the Company shall use commercially reasonable efforts to require the Subcontractor to obtain and maintain insurance in accordance with the applicable requirements of Appendix D. (D) Maintenance of Insurance Coverage. If the Company fails to pay any premium for its Required Insurance, or if any insurer cancels any Required Insurance policy and the Company fails to obtain replacement coverage so that its Required Insurance is maintained on a continuous basis, then, at the Company's election (but without any obligation to do so), the a 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 73 County, following notice to the Company, may pay such premium or procure similar insurance coverage from another company or companies and upon such payment by the Company the amount thereof shall be immediately reimbursable to the County by the Company. The Company shall not perform work at the Site during any period when any policy of its Required Insurance is not in effect. The Company shall comply with all applicable Required Insurance and take all steps necessary to assure that its assets remain continuously insured in accordance with the requirements of this Agreement during the Term. The failure of the Company to obtain and maintain any of its Required Insurance shall not relieve the Company of its liability for any losses intended to be insured thereby. Should any failure to provide continuous insurance coverage occur, the Company shall indemnify and hold harmless the County against any Loss -and -Expense arising out of such failure. The purchase of the Required Insurance to satisfy the Company's obligations under this Section shall not in any way limit or modify the Company's indemnity obligations hereunder. SECTION 13.2. UNCONTROLLABLE CIRCUMSTANCE. (A) Relief from Obligations. Except as expressly provided under the terms of this Agreement, neither party to this Agreement shall be liable to the other for any delay or failure to perform any obligation (other than a payment obligation, except for those instances set forth in Section 9.1(A)(1)(i)) to the extent it results from an Uncontrollable Circumstance. The parties agree that the relief for an Uncontrollable Circumstance described in this Section shall apply to the failure to achieve the Scheduled Commercial Operation Date or to meet the Performance Guarantee, except to the extent specifically provided or limited otherwise. The occurrence of an Uncontrollable Circumstance shall not excuse or delay the performance of a party's obligation to pay monies accrued and owing under this Agreement, or to perform any obligation hereunder not affected by the occurrence of an Uncontrollable Circumstance. (B) Notice and Mitigation. The party that asserts the occurrence of an Uncontrollable Circumstance shall notify the other party by telephone or email, on or promptly after the date the party experiencing such Uncontrollable Circumstance first knew of the occurrence thereof, followed within 5 business days by a written description of: (1) the Uncontrollable Circumstance and the cause thereof (to the extent known); and (2) the date the Uncontrollable Circumstance began, its estimated duration, the estimated time during which the performance of such party's obligations hereunder shall be delayed, or otherwise affected. The affected party shall also provide prompt written notice of the cessation of such Uncontrollable Circumstance. Whenever such act, event or condition shall occur, the party claiming to be adversely affected thereby shall, as promptly as practicable, use all reasonable efforts to eliminate the cause therefore, and resume performance under this Agreement. While the Uncontrollable Circumstance continues, the affected party shall give notice to the other party, before the first day 65 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 74 of each succeeding month, updating the information previously submitted. The party claiming to be adversely affected by an Uncontrollable Circumstance shall bear the burden of proof, and shall furnish promptly any additional documents or other information relating to the Uncontrollable Circumstance reasonably requested by the other party. (C) Conditions to Performance and Schedule Relief. If and to the extent that Uncontrollable Circumstances interfere with or delay the Company's performing the Contract Services in accordance herewith, and the Company has given timely notice as required by this Section, the Company shall be entitled to an extension of schedule which properly reflects the interference with performance, or the time lost as a result thereof, or relief from its Performance Guarantee in each case only to the minimum extent reasonably forced on the Company by the event, and the Company shall perform all other Contract Services unaffected by such Uncontrollable Circumstances. In the event that the Company believes it is entitled to any schedule or performance relief on account of any Uncontrollable Circumstance, it shall furnish the County written notice of the specific relief requested and detailing the event giving rise to the claim within 30 days after the giving of notice delivered pursuant to subsection (13) of this Section. Within 30 days after receipt of such a timely submission from the Company, the County shall issue a written determination as to the extent, if any, it concurs with the Company claim for schedule or performance relief, and the reasons therefor. The Company shall only be entitled to relief from its Performance Guarantee or an extension of schedule as a result of an Uncontrollable Circumstance, and shall not be entitled to other payment, performance or price relief. (D) Acceptance of Relief Constitutes Release. The Company's acceptance of any performance or schedule relief under this Section shall be construed as a release of the County for any and all Loss -and -Expense resulting from, or otherwise attributable to, the event giving rise to the relief claimed. SECTION 13.3. INDEMNIFICATION. (A) Company Indemnification. The Company shall indemnify, defend and hold harmless the County, and its elected and appointive officials, officers, County Manager, directors, employees, engineers, representatives, agents, contractors and employees (each, a "County Indemnitee"), from and against (and pay the full amount of) any and all Loss -and -Expense arising from or in connection with (or alleged to arise from or in connection with) (1) the negligence or willful misconduct or omission of the Company or any of its officers, directors, employees, representatives, agents or Subcontractors in connection with this Agreement; (2) Company Fault; or (3) the performance of the Company's obligations under this Agreement. The Company shall also indemnify the County as and to the extent provided elsewhere in this Agreement. The Company's indemnity obligations hereunder shall not be limited by any coverage exclusions or 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 75 other provisions in any insurance policy maintained by the Company which is intended to respond to such events. The Company shall not, however, be required to reimburse or indemnify any County Indemnitee for any Loss -and -Expense to the extent caused by (1) any failure by the County to perform its obligations under this Agreement, (2) the negligence or willful misconduct or omission of any County Indemnitee, or (3) County Fault. A County Indemnitee shall promptly notify the Company of the assertion of any claim against it for which it is entitled to be indemnified hereunder, and the Company shall have the right to assume the defense of the claim in any Legal Proceeding and to approve any settlement of the claim. These indemnification provisions are for the protection of the County Indemnitees only and shall not establish, of themselves, any liability to third parties. This indemnification obligation shall include, but is not limited to, all claims against the County by a current or former officer, director employee, representative or agent of the Company, the Guarantor, if applicable, or any Subcontractor, and the Company expressly waives all immunity and limitation on liability under any worker's compensation act, disability benefit act, employee benefit act or any other Applicable Law of any jurisdiction which would otherwise be applicable in the case of such a claim. The provisions of this Section shall survive the termination or expiration of this Agreement. (13) County Indemnification. To the extent permitted by Applicable Law, the County shall indemnify, defend and hold harmless the Company, and its, directors, employees, engineers, representatives, agents, contractors and employees (each, a "Company Indemnitee"), from and against (and pay the full amount of) any and all Loss -and -Expense arising from or in connection with (or alleged to arise from or in connection with (i) County Fault, (ii) any contamination of, injury or damage to, or adverse effect on persons, wildlife, vegetation, waters, air, land, property or the environment caused directly or indirectly by the Landfill, the Collection System, the County, or any Landfill Gas or any constituent of the Landfill Gas prior to the Delivery Point, or (iii) any violation by County of Applicable Laws arising from or related to the ownership, operation and/or management of the Landfill, including, without limitation, the Collection System. The County shall not, however, be required to reimburse or indemnify any Company Indemnitee for any Loss -and -Expense to the extent caused by (1) any failure by the Company to perform its obligations under this Agreement, (2) the negligence or willful misconduct or omission of any Company Indemnitee, or (3) Company Fault. A Company Indemnitee shall promptly notify the County of the assertion of any claim against it for which it is entitled to be indemnified hereunder, and the County shall have the right to assume the defense of the claim in any Legal Proceeding and to approve any settlement of the claim. 67 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 76 ARTICLE XIV GENERAL SECTION 14.1. RELATIONSHIP OF THE PARTIES. (A) Company as Licensee. The Company is licensee of the County and nothing in this Agreement shall be deemed to constitute either party a partner, agent or legal representative of the other party or to create any fiduciary relationship between the parties. The relationship between the parties shall be limited to performance of this Agreement in accordance with its terms. Neither party to this Agreement shall have any responsibility whatsoever with respect to services provided or contractual obligations or liabilities assumed by the other party hereto, whether accrued, absolute, contingent or otherwise, or whether due or to become due. No liability or benefits, such as workers compensation, pension rights or liabilities, or other provisions or liabilities arising out of or related to a contract for hire or employer/employee relationship shall arise or accrue to any party's agent or employee as a result of this Agreement or the performance thereof. (B) County Not a Partner. The County is not a partner in or joint venturer with the Company. The Company shall operate the RNG Project hereunder as a principal for its own account and not as a hired manager on behalf of nor as an agent of the County. (C) Company as Owner. The Company is and shall be the sole beneficial owner of the RNG Project Work during the Term. The Company shall have sole and exclusive responsibility for the performance of the RNG Project Work. SECTION 14.2. ASSIGNMENT AND TRANSFER. (A) By the Company. The Company shall not assign, transfer, convey, lease, encumber or otherwise dispose of this Agreement, its right to execute the same, or its right, title or interest in all or any part of this Agreement or any monies due hereunder whatsoever, whether legally or equitably, by power of attorney or otherwise, without the prior written consent of the County, which consent shall not be unreasonable withheld, conditioned (for purposes of clarification, conditioning approval on receiving substantially similar financial security shall not be deemed "unreasonable") or delayed. Any such approval given in one instance shall not relieve the Company of its obligation to obtain the prior written approval of the County to any further assignment. Any assignment of this Agreement which is approved by the County shall require the assignee of the Company to assume the performance of and observe all obligations, representations and warranties of the Company under this Agreement, and such assignment shall relieve the Guarantor of any and all of its obligations under the Guaranty Agreement unless the assignee is an Affiliate of the Company. The approval of any assignment, transfer or conveyance 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 77 shall not operate to release the Company in any way from any of its obligations under Agreement unless such approval specifically provides otherwise. Notwithstanding the foregoing, the Company may assign its rights and obligations under this Agreement, without consent of the County, to its Affiliate if legally capable of discharging the duties and obligations of the Company hereunder. (B) By the County. The County may not assign its rights or obligations under this Agreement without the prior written consent of the Company, which consent shall not be unreasonable withheld, conditioned or delayed. The County may, however, assign its rights and obligations under this Agreement, without the consent of the Company, to a trustee in connection with future bond issuances as security for such bonds, and another Governmental Body if such assignee assumes, and is legally capable of discharging, the duties and obligations of the County hereunder. (C) Successors and Assigns. This Agreement shall be binding upon and will inure to the benefit of the successors and assigns of the respective parties hereto. SECTION 14.3. CONTRACT ADMINISTRATION MEMORANDA. (A) Administrative Communications. The parties recognize that a variety of contract administrative matters will routinely arise throughout the Term. These matters will by their nature involve requests, notices, questions, assertions, responses, objections, reports, claims, and other communications made personally, in meetings by phone, by mail and by electronic and computer communications. The purpose of this Section is to set forth a process by which the resolution of the matters at issue in such communications, once resolution is reached, can be formally reflected in the common records of the parties so as to permit the orderly and effective administration of this Agreement. (B) Contract Administration Memoranda. The principal formal tool for the administration of matters arising under this Agreement between the parties shall be a "Contract Administration Memorandum". A Contract Administration Memorandum shall be prepared, once all preliminary communications have been concluded, to evidence the resolution reached by the County and the Company as to matters of interpretation and application arising during the course of the performance of their obligations hereunder. Such matters may include, for example: (1) issues as to the meaning, interpretation, application or calculation to be made under any provision hereof; (2) notices, waivers, releases, satisfactions, confirmations, further assurances and approvals given hereunder; and (3) other similar contract administration matters. (C) Procedures. Either party may request the execution of a Contract Administration Memorandum. When resolution of the matter is reached, a Contract Administration Memorandum shall be prepared by or at the direction of the County reflecting the 69 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 78 resolution. The Contract Administration Memorandum shall be numbered, dated, signed by a representative of each party, and co -signed by a senior supervisor for the Company and by the executive director for the County. The County and the Company each shall maintain a parallel, identical file of all Contract Administration Memoranda, separate and distinct from all other documents relating to the administration and performance of this Agreement. (D) Effect. Executed Contract Administration Memoranda shall serve to guide the ongoing interpretation and performance of this Agreement. Any material change, alteration, revision or modification of this Agreement, however, shall be effectuated only through a formal Agreement amendment authorized, approved or ratified by resolution of the governing body of the County and properly authorized by the Company. SECTION 14.4. TIME IS THE ESSENCE/SURVIVAL OR TERMS. Time is of the essence in this Agreement and in each of its provisions. SECTION 14.5. INTEREST ON OVERDUE OBLIGATIONS. Except as otherwise provided herein, all amounts due hereunder, whether as damages, credits, revenue or reimbursements, that are not paid when due shall bear interest at the Overdue Rate on the amount outstanding from time to time, on the basis of a 365-day year, counting the actual number of days elapsed, and all such interest accrued at any time shall, to the extent permitted by Applicable Law, be deemed added to the amount due, as accrued. SECTION 14.6. SUBCONTRACTORS. (A) Assignment of Subcontracts. The Company shall use commercially reasonable efforts to ensure that all contracts between the Company and its Subcontractors for services and work under this Agreement contain a clause that if at the end of the Term the County accepts assignment of the subcontract, the Subcontractor shall recognize the County or its assignee as the Company and the County or its assignee shall have all the rights, remedies and responsibilities of the Company under that subcontract. Prior to any such assignments, the Company shall be responsible to the County for the acts and omissions of its Subcontractors and suppliers and the Subcontractors' suppliers, employees, agents, or servants. (B) Use. The Company shall operate the RNG Project with Company personnel trained in accordance with Good Industry Practice who it determines in its sole discretion will carry out the Contract Services. The Company acknowledges that the use of a Subcontractor to operate and maintain the RNG Project is not permitted without County consent and any such usage will in no way absolve the Company from any obligations or liabilities hereunder. (C) Subcontract Terms and Subcontractor Actions. The Company shall retain full responsibility to the County under this Agreement for all matters related to the Contract 70 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 79 Services notwithstanding the execution or terms and conditions of any Subcontract. No failure of any Subcontractor used by the Company in connection with the provision of the Contract Services shall relieve the Company from its obligations hereunder to perform the Contract Services. The Company shall be responsible for settling and resolving with all Subcontractors all claims arising out of delay, disruption, interference, hindrance, or schedule extension caused by the Company or inflicted on the Company or a Subcontractor by the actions of another Subcontractor. (D) Indemnity for Subcontractor Claims. The Company shall pay or cause to be paid to all direct Subcontractors all amounts due in accordance with their respective Subcontracts. No Subcontractor shall have any right against the County for labor, services, materials or equipment furnished for the Contract Services. The Company acknowledges that its indemnity obligations under Section 13.3 shall extend to all claims for payment or damages by any Subcontractor who furnishes or claims to have furnished any labor, services, materials or equipment in connection with the Contract Services. SECTION 14.7. ASSIGNMENT OF CERTAIN CONTRACTS. The Company shall use commercially reasonable efforts to ensure that all third party contracts for the ownership and operation of the RNG Project, including Interconnection agreements, shall contain a clause that if at the end of the Term the County accepts assignment of such contract, the third party shall recognize the County or its designee as the contracting entity and the County or its designee shall have all the rights, remedies and responsibilities of the Company under that contract. SECTION 14.8. ACTIONS OF THE COUNTY IN ITS GOVERNMENTAL CAPACITY. (A) Rights as Government Not Limited. Nothing in this Agreement shall be interpreted as limiting the rights and obligations of the County in its governmental or regulatory capacity, (including actions to protect health, safety and welfare or to protect the environment), or as limiting the right of the Company to bring any action against the County, not based on this Agreement, arising out of any act or omission of the County in its governmental or regulatory capacity. (13) No County Waiver of Governmental Approvals. The County retains all issuance and approval rights it has under Applicable Law with respect to the issuance of Governmental Approvals required for the RNG Project, and none of such rights shall be deemed to be waived, modified or amended as a consequence of the execution of this Agreement. SECTION 14.9. AMENDMENT AND WAIVER. This Agreement may not be amended except by a written amendment signed by the parties. Any of the terms, covenants, and conditions of this Agreement may be waived at any time by the party entitled to the benefit of such term, covenant, or condition if such waiver is in writing and executed by the party against whom such waiver is asserted. 71 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 80 SECTION 14. 10. ATTORNEY'S FEES. The parties hereto shall be responsible for their own attorney's fees in any action related to this Agreement, except as otherwise expressly set forth herein. SECTION 14.11.NOTICE OF LITIGATION. In the event the Company or County receives notice of or undertakes the defense or the prosecution of any Legal Proceedings, claims, or investigations in connection with the RNG Project, the party receiving such notice or undertaking such prosecution shall give the other party timely notice of such proceedings and shall inform the other party in advance of all hearings regarding such proceedings. SECTION 14.12. NOTICES. All notices, consents, approvals or written communications given pursuant to the terms of this Agreement shall be: (1) in writing and delivered in person; (2) transmitted by certified mail, return, receipt requested, postage prepaid or by overnight courier utilizing the services of a nationally recognized overnight courier service with signed verification of delivery; or (3) given by facsimile transmission, if a signed original is deposited on the United States mail within two days after transmission. Notices shall be deemed given only when actually received at the address first given below with respect to each party. Either party may, by like notice, designate further or different addresses to which subsequent notices shall be sent. If to the Company: Archaea Energy Operating LLC 440 Jonathan Willey Road Rostraver Township, PA Telephone: 724-361-3002 Attn: Operations Email: ops.leadershipC&archaea.energy With a copy to: Archaea Energy Inc. 440 Jonathan Willey Road Rostraver Township, PA Attn: Legal Email: legalAarchaea. energy If to the County: Joseph Suleyman Environmental Management Director New Hanover County 3002 U.S. Highway 421 North Wilmington, North Carolina 28401 With a copy to: Kemp Burpeau Deputy County Attorney 72 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 81 New Hanover County 230 Government Center Drive Suite 125 Wilmington, North Carolina 28403 Changes in the respective addresses to which such notices may be directed may be made from time to time by any party by written notice to the other party. Notices and communications given by mail hereunder shall be deemed to have been given 5 days after the date of dispatch; all other notices shall be deemed to have been given upon receipt. SECTION 14.13. FURTHER ASSURANCES. Each party agrees to execute and deliver any instruments and to perform any acts as may be necessary or reasonably requested by the other in order to give full effect to this Agreement. The County and the Company, in order to carry out this Agreement, each shall use all reasonable efforts to provide such information, execute such further instruments and documents and take such actions as may be reasonably requested by the other and not inconsistent with the provisions of this Agreement and not involving the assumption of obligations or liabilities different from or in excess of or in addition to those expressly provided for herein. Either the Company or the County may record this Agreement. SECTION 14.14.E-VERIFY COMPLIANCE. Pursuant to N.C.G.S. 143-133.3, the Company 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. 73 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 82 IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have caused this Agreement to be executed and delivered by their duly authorized officers or representatives as of the date first above written. ATTEST: Printed Name: Title: NEW HANOVER COUNTY, NORTH CAROLINA Signature: Printed Name: Title: Approved as to form: Approved as to content: County Attorney ATTEST: ARCHAEA ENERGY OPERATING LLC Signature: Printed Na Title: 74 Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 83 3715127.14 046004 CTR APPENDIX A DESCRIPTION OF LANDFILL The New Hanover County landfill, located at 5210 U.S. Highway 421 North, Wilmington, NC, encompasses an area of approximately 710 acres in the northwest portion of New Hanover County. The landfill is permitted under Subtitle D of the Resource Conservation and Recovery Act (RCRA) to accept Municipal Solid Waste and Construction and Demolition Debris. The landfill consists of two main lined disposal areas, designated the Northern Property and the Southern Property. The Northern Property is subdivided into cells, numbered 1 - 6E. This portion of the landfill has reached final elevations and was closed in 2022. The Southern Property was first developed in 2019 and is subdivided into cells 7 - 15. The property is bordered by Fishing Creek to the north, the Northeast Cape Fear River to the east, U.S. Highway 421 to the west, and an industrial park to the south. The entire property is zoned I-2 (Heavy Industrial). A-1 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 84 I.0»D1►191KO:3 DESCRIPTION OF SITE 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 85 APPENDIX B DESCRIPTION OF SITE All that certain lot, lying and being in the County of New Hanover, North Carolina, in the attached, which is a portion of a portion of tax parcel no. 3200-49-6377.000. 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 86 am 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 87 I: C 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 88 APPENDIX C DESCRIPTION OF RNG PROJECT The RNG Project will be an Archaea Version 1 process design landfill gas (LFG) to renewable natural gas (RNG) plant sized for a maximum inlet flow of 3200SCFM. The Project Site will be located within the bounds of New Hanover County Landfill property located at 5210 US-421, Wilmington, NC 28401 as more specifically described in Appendix B. The plant will convert LFG to high -BTU RNG meeting alternative gas quality specifications to inject into a natural gas pipeline. The RNG Project product gas will be compressed and delivered into the Piedmont Natural Gas pipeline which passes adjacent to the landfills boundary. A new pipeline interconnection metering station, owned and operated by Piedmont Natural Gas, will be built on the Project Site adjacent to the RNG Project or at such other location as County and Company may mutually agree. D-1 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 89 /.0»D1►191NOW REQUIRED INSURANCE 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 90 APPENDIX D REQUIRED INSURANCE The Company shall not commence work under this contract until they have obtained the insurance required under this paragraph. All coverage shall be with insurance companies licensed and admitted to do business in the State of North Carolina All coverages shall be with insurance carriers that have an A.M. Best's rating of A- or better; VII or other rating agency equivalent. 1. Workers' Compensation Insurance: The Company shall procure and maintain during the life of this contract, Workers' Compensation Insurance, including Employers' Liability Coverage, in accordance with all applicable statutes of the State of North Carolina. 2. Commercial General Liability Insurance: The Contractor shall procure and maintain during the life of this contract, Commercial General Liability Insurance on an "Occurrence Basis" with limits of liability not less than $3,000,000.00 per occurrence and aggregate combined single limit, Personal Injury, Bodily Injury, and Property Damage. Coverage shall include the following extensions: (A) Contractual Liability; (B) Products and Completed Operations; (C) Independent Contractors Coverage; (D) Broad Form General Liability Extensions or equivalent; (E) Deletion of all Explosion, Collapse, and Underground (XCU) Exclusions, if applicable. Thirty (30) days' notice of cancellation shall apply to this policy. 3. Motor Vehicle Liability: The Company shall procure and maintain during the life of this contract Motor Vehicle Liability Insurance, including No -Fault Coverages, with limits of liability not less than $3,000,000.00 per occurrence combined single limit, Bodily Injury, and Property Damage. Coverage shall include all owned vehicles, all non -owned vehicles, and all hired vehicles. 4. Additional Insured: Commercial General Liability and Motor Vehicle Liability Insurance, as described above, shall include an endorsement stating that the following shall be Additional Insureds: The County of New Hanover, all elected and appointed officials, all employees and volunteers, agents, all boards, commissions, and/or authorities and board members, including employees and volunteers thereof along with County Engineer, and the State of North Carolina (NC) where applicable. 5. Cancellation Notice: Workers' Compensation Insurance, Commercial General Liability Insurance, and Motor Vehicle Liability Insurance, as described above, shall include an endorsement stating the following: "It is understood and agreed that Thirty (30) days Advance Written Notice of Cancellation, shall be sent to: New Hanover County, 230 Government Center Drive, Wilmington, NC 28403. 6. Pollution Legal Liability: The Company shall procure and maintain during the life of this contract, a separate Pollution Legal Liability Policy with limits of liability not less than $3,000,000.00 per occurrence limit for Personal Injury, Bodily Injury, and Property Damage. 7. Excess/Umbrella Liability Insurance on an occurrence form excess of employers' liability, general liability and automobile liability with an available limit of at least $5,000,000 USD per occurrence. The scope of coverage must be as broad or broader than the underlying coverages. 8. Proof of Insurance Coverage: The Company shall provide the County of New Hanover such certificates of insurance as set forth in Section 13.1 of this Agreement: NOTE #1: For Builders' Risk or Professional Liability services, contact your MMRMA representative. D-3 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 91 NOTE#2: Company shall be responsible for any deductible or self -insured retention. I1. The County shall procure and maintain, or cause to be procured and maintained, at its own cost and expense, for the Term of this Agreement, insurance as set forth below. Insurers must be eligible to do business in the jurisdiction where the Landfill is located and have an A.M. Best's rating of A- or better; VII or other rating agency equivalent. (a) Workers Compensation Insurance as required under any workers compensation or similar law in the State of North Carolina. (b) General Liability Insurance an occurrence form with an available limit of not less than $1,000,000 USD each occurrence and $2,000,000 USD in the aggregate. The policy must cover liability arising from premises, operations, independent contractors, damage to property, products - completed operations, personal injury and advertising injury and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). (c) Automobile Liability Insurance on an occurrence form with an available limit of not less than $1,000,000 USD combined single limit. Such insurance shall cover liability arising out of any auto (including owned, hired, and non -owned autos). (d) Pollution Liability Insurance including coverage for sudden/accidental occurrences for bodily injury, property damage, environmental damage, cleanup costs and defense with available limits of at least $3,000,000 USD per occurrence with reporting requirements of at least three (3) years after the Term ends. (e) Excess/Umbrella Liability Insurance on an occurrence form excess of employers' liability, general liability and automobile liability with an available limit of at least $5,000,000 USD per occurrence. The scope of coverage must be as broad or broader than the underlying coverages. 1.1 Policy Requirements. Except in respect of the workers compensation insurance described in 1.1(a) of this Exhibit C, the insurance required to be procured and maintained by Owner shall: (a) Not contain any Cross -Liability Exclusion Endorsements. 1.2 Waiver of Subrogation. All insurance required to be procured and maintained by County shall waive and shall require its insurers to waive all rights of subrogation against Company and its Affiliates, agents, officers, directors, and employees. 1.3. Evidence of Insurance. Upon execution of this Agreement and request by Company, County shall furnish a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements set forth herein. D-4 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 92 I:�»D1►1�]K��1 RNG PROJECT TESTS E-1 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 93 APPENDIX E RNG PROJECT TESTS 1. Company to demonstrate compliance with all permits (including air and others) issued specifically for the RNG facility and its destruction devices continuously during the tests described in item 2 below. 2. Company to conduct equipment tests as required by Applicable Law and in accordance with Good Engineering and Construction Practice. During this time, Company will: (i) Continuously demonstrate that the methane efficiency of the Company facility is equal to or greater than that guaranteed/promised by all of Company's gas cleanup equipment vendors; and (ii) Continuously demonstrate that RNG delivered to the pipeline (and the pipeline accepts) meets the natural gas pipeline company requirements. 3. Company to demonstrate compliance with all testing requirements required by Piedmont or such other third -party pipeline provider to meet the Renewable Natural Gas Quality Standards. In the event of test failure, Company is solely responsible to make adjustments and re -perform the tests from the start with no credit from prior tests. E-2 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 94 FAUND1QI11101►Z46DI FORM OF GUARANTY AGREEMENT 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 95 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 96 GUARANTY This Guaranty is made and given the [] day of j , 2023 (the "Effective Date") by BP Corporation North America Inc., an Indiana corporation (hereinafter referred to as "Guarantor"), in favor of New Hanover County, North Carolina (hereinafter referred to as "Beneficiary"). Guarantor enters into this Guaranty in consideration of Beneficiary having entered into or entering into the Landfill Gas Rights and Site License Agreement between the County of New Hanover, North Carolina and Archaea Energy Operating LLC, dated April [_], 2023 as amended from time to time (hereinafter referred to as "Covered Transactions" and the "Agreement") with Guarantor's affiliate Archaea Energy Operating LLC (hereinafter referred to as "Company"). Guarantor acknowledges the benefit to it of the Covered Transactions between Beneficiary and Company. Guarantor hereby irrevocably and unconditionally guarantees to Beneficiary the prompt payment when due (subject to written demand by Beneficiary upon Guarantor) of all amounts that now are or may hereafter become due and payable from the Company to Beneficiary (the "Guaranteed Obligations") with respect to any Covered Transactions entered into prior to the termination of this Guaranty. This Guaranty shall continue to be effective or reinstated, as the case may be, if at any time any payment of any of the Guaranteed Obligations are annulled, set aside, invalidated, declared to be fraudulent or preferential, rescinded, or must otherwise be returned, refunded or repaid by Beneficiary as a result of or pursuant to the insolvency, bankruptcy, dissolution, liquidation or reorganization of Company or any other guarantor, or upon, or as a result of, the appointment of a receiver, intervener or conservator of, or trustee or similar officer for, Company or any other guarantor or any substantial part of its property or otherwise, all as though such payment or payments had not been made. 2. In addition to the Guaranteed Obligations, Guarantor agrees to pay on demand any and all costs, including reasonable legal fees and other expenses incurred by Beneficiary in enforcing Guarantor's payment obligations under this Guaranty; provided that the Guarantor shall not be liable for any expenses of Beneficiary if no payment under this Guaranty is due. 3. Anything to the contrary notwithstanding, the aggregate of Guarantor's obligations under this Guaranty, including without limitation liability with respect to the Guaranteed Obligations or liability with respect to costs, including reasonable legal fees and other expenses incurred by Beneficiary in enforcing the Guarantor's payment obligations, shall not exceed Fifty Nine Million U.S. dollars (US $ $59,000,000.00) which maximum aggregate amount of the Guarantor's Obligations shall on any date be reduced by the aggregate amount of all payments made by the Company in full discharge of the Guaranteed Obligations pursuant to the provisions of section 9.2 (Consideration to the County for License) of the Agreement, on or prior to such date. 4. This Guaranty shall remain in full force and effect from the Effective Date until the earlier of (a) March 31, 2055, (b) the date on which the Guaranteed Obligations have been fully and indefeasibly paid; and (c) the termination of the Covered Transactions; provided, however, the expiration or termination of this Guaranty as set forth in (a)-(c) above shall not affect Guarantor's obligations hereunder with respect to Covered Transactions entered into prior to such expiration or termination. 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 97 5. Guarantor's payments hereunder shall be made to Beneficiary at its address set forth in Section 10 below, within fifteen (15) business days after receiving written demand for payment from Beneficiary. 6. Guarantor hereby waives: (a) Notice of acceptance of this Guaranty by Beneficiary; (b) Notice that Beneficiary has entered into a Covered Transaction with Company; (c) The modification or amendment of any Covered Transaction between Company and Beneficiary, including renewal or extension of time for repayment and performance of Guaranteed Obligations or notice thereof; and (d) Notice of presentment, default, dishonor, protest or notice of protest with respect to any notes, drafts or other instruments evidencing indebtedness, received from Company or demand for payment on Company. 7. Guarantor agrees that Beneficiary may, from time to time, extend the time of payment of the whole, or any part, of the indebtedness of Company and may receive and accept notes, bills, checks, trade acceptances and other instruments for the payment of money made, accepted or delivered by Company and any other person or persons, as well as extensions or renewals thereof, without in any way releasing or discharging Guarantor from its obligations hereunder. 8. This Guaranty is a guaranty of payment and not of collection. Beneficiary shall not be required to proceed first against Company or any other person, firm or corporation, or against any property or security or any other guaranty before resorting to Guarantor for payment under this Guaranty. 9. Demands on Guarantor for payment under this Guaranty shall be in writing and delivered by U.S. mail, email, facsimile transmission, or Federal Express (or other internationally recognized overnight courier) to the following address: To Guarantor: Archaea Energy Inc. 440 Jonathan Willey Road Belle Vernon, PA 15012 Att: Legal Fax: 1-412-744-3153 Email: legal(cDarchaea.energy With a mandatory copy to: BP Corporation North America Inc. 501 Westlake Park Boulevard Houston, TX 77079 Att: Treasury — Corporate Secretary Email: treasurydebtadmin(aD_bp.com All demands for payment shall be deemed received by Guarantor if sent by: (a) U.S. mail, registered or certified, return receipt requested, postage prepaid, on the date it is delivered or its delivery is attempted, (b) email, on the date that it is received, (c) facsimile transmission, on the date it is received (it being agreed that the burden of proving receipt will be on the sender) or (d) Federal Express or other internationally recognized overnight courier, as evidenced by such courier's tracking system. In all cases, if that delivery (or attempted delivery) or that receipt is not on a local business day, or received after 4:00 p.m. local time on a local business day, it will be deemed delivered at 9:00 am local time on the F-2 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 98 next succeeding local business day. Guarantor may change the address to which demands for payment are to be sent upon written notice to Beneficiary. 10. Notices under this Guaranty, or which either party desires to give to the other, shall be in writing and delivered by U.S. mail, email, facsimile transmission, or Federal Express (or other internationally recognized overnight courier) as follows: To Guarantor: Archaea Energy Inc. 440 Jonathan Willey Road Belle Vernon, PA 15012 Att: Legal Fax: 1-412-744-3153 Email: IegalCa)archaea.energy To Beneficiary: New Hanover County, North Carolina 230 Government Center Drive Wilmington, NC 28403 Att: County Manager With a copy to: Kemp Burpeau Deputy County Attorney New Hanover County 230 Government Center Drive Suite 125 Wilmington, North Carolina 28403 With a copy to: BP Corporation North America Inc. 501 Westlake Park Boulevard Houston, TX 77079 Att: Treasury — Corporate Secretary Email: treasurydebtadminCaD_bp.com All notices given shall be deemed to have been given at the earlier of: (a) the date the notice shall be delivered, (b) the date on which the delivery shall have been refused at the address herein provided, or (c) the date as of which the delivery service shall have indicated such notice to be undeliverable at the address herein provided. Guarantor and Beneficiary may change the persons and/or addresses to which notices are to be sent upon written notice to the other party. 11. This Guaranty and each of its provisions may be waived, varied, released, modified, terminated (except as provided elsewhere herein) or surrendered, in whole or in part, only by a written instrument signed by Beneficiary and Guarantor. No failure or delay by Beneficiary in exercising its rights or remedies under this Guaranty, subject to statute of limitations, shall operate as a waiver thereof, nor shall any single or partial exercise by Beneficiary of any right or remedy hereunder preclude any other or future exercise of any right or remedy hereunder. 12. Neither Guarantor nor Beneficiary shall assign its rights or obligations under this Guaranty to any other person without the express written consent of the other party. F-3 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 99 13. This Guaranty shall be governed by and construed in accordance with the laws of the State of New York, without regard to principles of conflicts of laws. Guarantor and Beneficiary agree that any action or proceeding to enforce or arising out of this Guaranty shall be commenced in the Supreme Court of New York for the county of New York or in the United States District Court for the Southern District of New York (the "Forum Courts"), but nothing herein shall limit Beneficiary's right to initiate legal proceedings in any other court of competent jurisdiction to enforce a judgment of the Forum Courts. Guarantor and Beneficiary hereby knowingly, voluntarily, and intentionally waive any right to trial by jury in connection with this Guaranty or the transactions related hereto. 14. Guarantor represents and warrants that (a) the execution, delivery, and performance of this Guaranty has been authorized by all necessary corporate action and does not contravene any provision of its constituent documents, and (b) upon proper execution and delivery thereof, this Guaranty will constitute the legal, valid and binding obligation of Guarantor, enforceable against Guarantor in accordance with its terms, subject to bankruptcy, insolvency, reorganization and other laws affecting creditors' rights generally and to equitable principles of general applicability. Without limiting the Guarantor's own defenses and rights hereunder, the Guarantor reserves to itself all rights, setoffs, counterclaims and other defenses that the Company may have to payment of all or any portion of the Guaranteed Obligations, except for defenses arising from bankruptcy, insolvency, dissolution or liquidation of the Company and other defenses expressly waived in this Guaranty. The obligations of the Guarantor hereunder are severable from the Company or any other person, and are primary obligations concerning which the Guarantor is the principal obligor. Intending to be legally bound, Guarantor has executed this Guaranty through its duly authorized representative. BP CORPORATION NORTH AMERICA INC. By: Name: Title: Acknowledged and Agreed New Hanover County, North Carolina By: Name: Title: F-4 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 100 APPENDIX G COMPANY'S PLAN OF FINANCE G-1 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 101 APPENDIX G COMPANY'S PLAN OF FINANCE The Company will use internal Company financing to pay for all elements of the RNG Project. No third party entities will be entitled to require changes to the Agreement as a condition to providing funding. G-2 Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 102 3715127.14 046004 CTR /.000DLIDINOV RNG PROJECT PURCHASE PAYMENT TABLE H-1 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 103 APPENDIX H RNG PROJECT PURCHASE PAYMENT TABLE Contract Year RNG FACILITY VALUE Depreciated Book Value 1 21,870,887.00 2 20,777,342.50 3 19,683,798.95 4 18,590,253.95 5 17,496,709.60 6 16,403,165.25 7 15,309,620.90 8 14,216,076.55 9 13,122,532.20 10 12,028,987.85 11 10,935,443.50 12 9,841,899.15 13 8,748,354.80 14 7,654,810.45 15 6,561,266.10 16 5,467,721.75 17 4,374,177.40 18 3,280,533.05 19 2,187,088.70 20 1,093,544.35 21 and above $0 H-2 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 104 LANDFILL GAS QUALITY STANDARDS I-1 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 105 APPENDIX I ANTICIPATED LANDFILL GAS QUALITY Parameter Assumption Methane 40% minimum Carbon Dioxide 30% to 40% Oxygen 2% max Nitrogen 20% max Hydrogen Sulfide 5,000 ppmv max I-2 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 106 APPENDIX J EXAMPLE ROYALTY PAYMENT CALCULATION J-1 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 107 APPENDIX J EXAMPLE ROYALTY PAYMENT CALCULATION J-2 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 108 I:1»D]U11101K0:1 GOVERNMENTAL APPROVALS SCHEDULE K-1 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 109 FOUNDIU�II"0 0 GOVERNMENTAL APPROVALS SCHEDULE NEW HANOVER COUNTY LANDFILL - 5210 US-421, Wilmington, NC 28401 - New Hanover County Description Agency Agency Anticipated Anticipated Review Time Application Approval/Issuance Date Date Air Permit Application NCDEQ 120 days 90 days from 120 days from from the Effective Date Application Date issuance of the Application USFWS U.S. Fish & 1-6 months It is Consultation/Permitting Wildlife + for section anticipated Service 7 that this will (USFWS) consultation; not be 18-24+ required. months for 10(a) permit NC Natural Heritage Data U.S. Fish & Immediate 30 days from N/A Explorer Wildlife Effective Date Service a customized (USFWS) environmental review will be conducted using the Natural Heritage Data Explorer / prepared by NHP Staff. K-2 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 110 Local Permitting Application Site Plan - New Hanover 60 days 180 days 60 days from Major/Minor County including from Effective Application Date any required Date resubmittals Construction Plan Review New Hanover 60 days 180 days 60 days and Building Permit County including from Effective Application (includes any required Date Structures, Electrical & resubmittals Mechanical components) K-3 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 111 Land Disturbance Permit NCDEQ 120 days 180 days 120 days (Erosion & Sediment Control from Effective Plan) Date K-4 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 112 FOUNDINDIN IN LANDGEM MODEL (SCFM) 1,086 175 1,261 757 997 200 1,197 718 915 224 1,139 683 839 246 1,085 651 770 268 1,038 623 707 722 1,429 857 648 771 1,419 851 595 819 1,414 848 546 865 1,411 847 501 910 1,411 847 460 953 1,413 848 422 995 1,417 850 387 1,036 1,423 854 355 2,151 2,506 1,504 326 2,229 2,555 1,533 299 2,306 2,605 1,563 274 2,382 2,656 1,594 252 2,457 2,709 1,625 231 2,532 2,763 1,658 212 2,605 2,817 1,690 195 2,678 2,873 1,724 178 3,979 4,157 2,494 164 3,651 3,815 2,289 150 3,350 3,500 2,100 138 3,074 3,212 1,927 127 2,821 2,948 1,769 116 2,588 2,704 1,622 107 2,375 2,482 1,489 98 2,179 2,277 1,366 90 2,000 2,090 1,254 L-1 3715127.14 046004 CTR Board of Commissioners - April 3, 2023 ITEM: 7 - 1 - 113 Attorney Client Work Product Privileged and Confidential NHC LFG RFP EVALUATION SCORING SHEET Qualifications and Experience (30) Price (40) Technical Approach (5) Finance Plan; Business Approach, Other Commercial Total Benefits (25) Points Proposer LFG to Permitti Compliance No. of YR 1- YR Technical Supply Finance Business Schedule Other Term LFG to RNG RNG ng History (5) operating 101 11- Response mitigation Plan (5) Approach (3) Benefits Sheet Experience — Experience Experien RNG (20) 20' (3) (2) (10) (5) (2) Company — Key ce with Projects (20) (10) Personnel NC DEQ (5) (5) (5) Archaea 9 4 3 4 5 11.08 13.49 3 2 5 10 3 4 1 77.57 AEP 5 3 2 5 0 20 20 1 1 2 3 3 2 1 68 LFG 5 3 2 5 0 14.39 17.99 3 1 3 7 3 3 1 68.38 Development Pine Creek 7 4 1 5 0 14.75 13.49 3 2 4 7.5 3 4.5 1 70.24 Evensol 8 3 5 5 1 17.42 17.42 1 1.5 2 4 3 2 1 71.34 1 Score for Years 1-10 derived by multiplying proposed $/mmBtu by projected mmBtu value for each Year 1-10. The sum of Years 1-10 was then multiplied by proposed availability. Highest scoring proposer (AEP) received maximum points for category (20 points). For each of the remaining four proposers, their score was divided by AEP's score and then multiplied by 20 to determine points relative to highest proposal. 2 Score for Years 11-20 derived by multiplying proposed percentage of gross revenues by proposed availability. Highest scoring proposer (AEP) received maximum points for category (20 points). For each of the remaining four proposers, their score was divided by AEP's score and then multiplied by 20 to determine points relative to highest proposal. Board of Commissioners - April 3, 2023 3712111.3 046004 LIST ITEM: 7 - 2 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:4/3/2023 Regular DEPARTMENT: Planning PRESENTER(S): Robert Farrell, Senior Planner CONTACT(S): Robert Farrell; Rebekah Roth, Planning & Land Use Director SU BJ ECT: Public Hearing NOTE: A request to continue this item has been received. Rezoning Request (Z23-03) — Request by James Yopp with River Road Construction, LLC and Hoosier Daddy, LLC, applicant and property owner, to rezone 29 parcels totaling approximately 42.10 acres of land, including 5741 Carolina Beach Road and 18 unaddressed parcels on Shiloh Drive north of Manassas Drive, from R-15, Residential to (CZD) R-5, Residential Moderate High Density for 10 single-family residential lots and 327 residential townhomes with associated open space and amenity center. (See page 1 of the attached staff report for a reference map) BRIEF SUMMARY: The applicant is proposing to rezone approximately 42.10 acres from R-15, Residential to the (CZD) R-5, Residential Moderate High Density zoning district. The applicant is proposing a residential development consisting of 10 single- family residential lots and 327 single-family attached dwelling units. The applicant's proposed conceptual plan can be broken into two interconnected portions. The southern portion at Shiloh Drive and Manassas Drive includes a mix of quadraplex residential units, triplex units, and duplex units for a total of 104 dwelling units on 14.14 acres. The southern portion of the project will connect with existing road stubs at Sweet Gum Drive, Sand Ridge Avenue, and Black Ash Run in the existing Tarin Woods Subdivision providing multiple points of ingress and egress through the development to Carolina Beach Road. Shiloh Drive is also proposed to extend north and connect to an adjoining commercially zoned parcel on Carolina Beach Road owned by the applicant. While not under consideration as part of the proposed rezoning, future commercial services on the adjacent parcel would be accessible by vehicles through the connection. The northern portion of the project includes 10 single-family residential lots transitioning from Tarin Woods to the south into quadraplex, triplex, duplex units for a total of 223 single-family attached residential units on 27.96 acres. The northern portion includes a proposed roadway extension to a new proposed roadway connection onto Carolina Beach Road. The proposed internal roadway would provide a continuous connection from Carolina Beach Road, through the proposed development and the existing Tarin Woods south to Manassas Drive and Carolina Beach Road as well as east to Myrtle Grove Road. Access is proposed to the subject property from Carolina Beach Road, an NCDOT-maintained Urban Principal Arterial highway, at Manassas Drive, an NCDOT-maintained secondary road and from the proposed new, paved access road into the northern portion of the site parallel to Rosa Parks Lane. Board of Commissioners - April 3, 2023 ITEM: 8 Access at Manassas Drive is a right-in/right-out with a stoplight on Carolina Beach Road. The new proposed access northern road will also be right-in/right-out. The proposed northern access road is currently under review by NCDOT and would provide another point of ingress and egress for both the existing Tarin Woods and proposed Ironwood development. The access road would also increase internal circulation for existing developments and help mitigate additional traffic on Carolina Beach Road between The King's Highway and Manassas Drive. While the site is zoned R-15, the Carolina Beach Road corridor has seen increased interest in higher density residential such as the Towns at Market Place, Winds Ridge, and Myrtle Landing Townhomes residential developments. As currently zoned, the site would be permitted up to 105 dwelling units at a density of 2.5 du/ac under the performance development standards. The proposed 337 units equate to an overall density of 8 du/ac. As currently zoned, it is estimated the site would generate about 78 AM and 104 PM trips during the peak hours if developed at the permitted density for performance development. The proposed R-5 development would result in an estimated 171 AM and 201 PM trips, increasing the estimated number of peak hour trips by approximately 93 AM and 97 PM trips. The proposed project is located along a major arterial highway that is currently over capacity; and the Monkey Junction intersection improvement project has been delayed, with right-of-way acquisition and utility work not scheduled until 2029. The applicant has had a TIA approved by the NCDOT and WMPO requiring several roadway improvements, including a new paved access road to Carolina Beach Road and a connection to a commercial parcel fronting Carolina Beach Road. The development will connect internally with other neighborhoods to allow for a connection to Myrtle Grove Road via Lt. Congleton Road but does not connect to the commercial service node southeast of the Monkey Junction intersection. Several other projects are currently under review or development in the vicinity, and while any required traffic impact analyses did not take this specific proposal into account, all were developed to take into account general traffic growth in the area, as well as all approved projects. Students living in the proposed development would be assigned to Anderson Elementary School and Ashley High School. Depending on the area of the development students would be assigned to Myrtle Grove Middle School or Murray Middle School. Based on a generalized historic generation rate, staff would estimate the increase in homes would result in an increase of approximately 51 more students than the estimated number of students generated under existing zoning. Currently, information for New Hanover County schools indicates that capacity remains at Anderson Elementary and Myrtle Grove Middle School, but Murray Middle and Ashley High School are at almost full capacity (99% and 99.6% respectively). One of the goals for 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) R-5 zoning district would allow for an increase in housing diversity and would allow those residents to access existing goods and services within one mile of the subject property. The Comprehensive Plan classifies the property as General Residential and Urban Mixed Use. The General Residential land use classification focuses on lower density housing up to 8 dwelling units per acre while the Urban Mixed Use classification promotes a mix of residential, office, and retail uses at higher densities. The Planning Board considered this application at their March 2, 2023 meeting. Several members of the public spoke in opposition to the request citing concerns over traffic impacts, density, and housing type. The Planning Board deliberations considered the changing nature of development and housing demand in the area, and board members expressed concern with the scale, scope, and potential for additional development impacts from the future development area shown on the concept plan. The Planning Board recommended denial of the petition (7-0). Board of Commissioners - April 3, 2023 ITEM: 8 The Planning Board found the application CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed density, housing type, and increased interconnectivity are in line with the recommendations of both the General Residential and Urban Mixed Use place types and the proposed development acts as an appropriate transition between existing commercial and residential uses in the area. The Planning Board also found recommending DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent neighborhoods. STRATEGIC PLAN ALIGNMENT: • Intelligent Growth & Economic Development o Encourage development of complete communities in the unincorporated county ■ Ensure NHC has appropriate housing to support business growth RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff's recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning considerations, and technical review. The Carolina Beach Road corridor has been designated as General Residential and Urban Mixed Use within the Comprehensive Plan. The plan recommends a mix of commercial uses and residential housing types that act as a transition between higher intensity and lower intensity development. The proposed development would act as a buffer between Carolina Beach Road and lower density residential development to the east, providing infill development and increased housing diversity and interconnectivity in the area. The applicant has also provided additional conditions for the installation of roadway improvements and stormwater maintenance. As a result, staff recommends approval of the request and suggests the following motion: I move to APPROVE of the proposed rezoning. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed density, housing type, and increased interconnectivity of the project are in line with the recommendations of both the General Residential and Urban Mixed Use place types and the proposed development acts as an appropriate transition between existing commercial and residential uses in the area. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the project provides interconnectivity and housing diversity at an appropriate density to act as a transition between existing commercial and residential development. Proposed Conditions: 1. Attached residential dwellings on the east side of Shiloh Drive shall be sited perpendicular to neighboring single- family residential lots. 2. The improvements required as part of each phase of the approved 2022 Traffic Impact Analysis must be completed by the end of the build out year listed in the TIA for each phase. Planning staff is authorized to accept changes to the timing provided such changes are approved by NCDOT and the WMPO. While not shown on the proposed development, the TIA required future third access into the site meeting NCDOT roadway standards for Phase 2 must be completed by the build out year of 2026 unless otherwise approved by NCDOT and the WMPO. 3. Existing trees shall be retained, or another appropriate traffic prevention measure shall be installed at the eastern Board of Commissioners - April 3, 2023 ITEM: 8 terminus of Rosa Parks Drive to prevent vehicular ingress and egress until such time a written agreement is reached to provide connectivity. An access easement shall be recorded on the final plat from the edge of pavement to the property line with Rosa Parks Drive to ensure the possibility of future access. 4. Any portion of the proposed development that utilizes any portion of the existing stormwater management system for Tarin Woods Subdivision that is not accepted into the Tarin Woods property owners association must enter into a stormwater maintenance agreement with the Tarin Woods property owners association. Alternative Motion for DENIAL (If based on information presented at the public hearing or other consideration beyond the scope of staff review, the board finds denial appropriate.) I move to DENY of the proposed rezoning. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed density, housing type, and increased interconnectivity are in line with the recommendations of both the General Residential and Urban Mixed Use place types and the proposed development acts as an appropriate transition between existing commercial and residential uses in the area. However, the future NCDOT improvements at the Monkey Junction intersection were delayed for construction after the Comprehensive Plan recommendations for this area were adopted. I find DENIAL of the rezoning request is reasonable and in the public interest because the scale of the project increases traffic on a major arterial corridor and is not consistent with the desired character of the surrounding community due to potential impacts to visual aesthetics from the different housing types and internal traffic on adjacent neighborhood roadways. ATTACHMENTS: Z23-03 BOC Script Z23-03 Staff Report Z23-03 Zoning Map Z23-03 FLUM Z23-03 Mailout Map Application Co\er Sheet Z23-03 Application Concept Plan Co\,er Sheet Z23-03 Concept Plan Public Comment COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend denial, based on staff report information that suggests Carolina Beach Road is currently over capacity. While the proposed CZD is consistent with the Comprehensive Plan, the current zoning of the site allows for residential development, so new housing stock can be attained with a by -right project. Adding more traffic to an over -capacity roadway through this rezoning would increase congestion through a legislative action by the Board, and the proposed rezoning does not provide sufficient community benefits to outweigh those impacts. Development of this particular site would be more appropriate at the by -right density allowed by current zoning. COMMISSIONERS' ACTIONS: Board approved 4-0. (a request to continue agenda item: Z23-03 Ironwood Development at the May 1, 2023 board meeting) Board of Commissioners - April 3, 2023 ITEM: 8 BOARD OF COMMISSIONERS SCRIPT for Zoning Map Amendment Application (Z23-03) Request by James Yopp with River Road Construction, LLC and Hoosier Daddy, LLC, applicant and property owner, to rezone 29 parcels totaling approximately 42.10 acres of land, including 5741 Carolina Beach Road and 18 unaddressed parcels on Shiloh Drive north of Manassas Drive, from R- 15, Residential to (CZD) R-5, Residential Moderate High Density for 10 single-family residential lots and 327 residential townhomes with associated open space and amenity center. 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 the proposed density, housing type, and increased interconnectivity of the project are in line with the recommendations of both the General Residential and Urban Mixed Use place types and the proposed development acts as an appropriate transition between existing commercial and residential uses in the area. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the project provides interconnectivity and housing diversity at an appropriate density to act as a transition between existing commercial and residential development. Proposed Conditions: 1. Attached residential dwellings on the east side of Shiloh Drive shall be sited perpendicular to neighboring single-family residential lots. 2. The improvements required as part of each phase of the approved 2022 Traffic Impact Analysis must be completed by the end of the build out year listed in the TIA for each phase. Planning staff is authorized to accept changes to the timing provided such changes are approved by NCDOT and the WMPO. While not shown on the proposed Board of Commissioners - April 3, 2023 ITEM: 8 - 1 - 1 development, the TIA required future third access into the site meeting NCDOT roadway standards for Phase 2 must be completed by the build out year of 2026 unless otherwise approved by NCDOT and the WMPO. 3. Existing trees shall be retained, or another appropriate traffic prevention measure shall be established at the eastern terminus of Rosa Parks Drive to prevent vehicular ingress and egress until such time a written agreement is reached to provide connectivity. An access easement shall be recorded on the final plat from the edge of pavement to the property line with Rosa Parks Drive to ensure the possibility of future access. 4. Any portion of the proposed development that utilizes any portion of the existing stormwater management system for Tarin Woods Subdivision that is not accepted into the Tarin Woods property owners association, must enter into a stormwater maintenance agreement with the Tarin Woods property owners association. Alternative Motion for DENIAL I move to DENY of the proposed rezoning. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed density, housing type, and increased interconnectivity are in line with the recommendations of both the General Residential and Urban Mixed Use place types and the proposed development acts as an appropriate transition between existing commercial and residential uses in the area. However, the future NCDOT improvements at the Monkey Junction intersection were delayed for construction after the Comprehensive Plan recommendations for this area were adopted. I find DENIAL of the rezoning request is reasonable and in the public interest because the scale of the project increases traffic on a major arterial corridor and is not consistent with the desired character of the surrounding community due to potential impacts to visual aesthetics from the different housing types and internal traffic on adjacent neighborhood roadways. Alternative Motion for Approval/Denial: I move to [Approve/Deny] of the proposed rezoning to a CZD RMF-M district. I find it to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] I also find [Approval/Denial] of the rezoning request is reasonable and in the public interest because [insert reasons] STAFF REPORT FOR Z23-03 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z23-03 Request: Rezoning to a Conditional R-5 district Applicant: Property Owner(s): James Yopp with River Road Construction, LLC Hoosier Daddy, LLC - James Yopp, Manager Location: Acreage: 5791 Carolina Beach Road 42.10 PID(s): Comp Plan Place Type: R08200-001-036-000 Urban Mixed Use and General Residential Existing Land Use: Proposed Land Use: Partially platted and undeveloped land 10 Single -Family and 327 Multi -Family Residential Units Current Zoning: Proposed Zoning: R-15, Residential (CZD) R-5 SURROUNDING AREA LAND USE ZONING North Single -Family Residential and Private School R-15 East Single -Family Residential R-15 South Single -Family Residential R-15 West General Office and Retail, Self -Storage, Senior Living and Single -Family Residential B-2 and R-15 Z23-03 Staff Report BOC 4.3.2023 Page 1 of 19 Board of Commissioners - April 3, 2023 ITEM: 8 - 2 - 1 ZONING HISTORY April 7, 1971 Initially zoned R-15 (Area 4) COMMUNITY SERVICES Water/Sewer water and sanitary sewer services are available through CFPUA by extension of public utility mains. Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire District, New Hanover County Station 18 Ashley High School, Murray Middle School, Myrtle Grove Middle School, Schools Bellamy Elementary School. There is a dividing line for middle school areas through the proposed development. Recreation Myrtle Grove Athletic Complex, the future Hanover Pines Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation resource maps indicate pocosin wetlands may exist on the property. Projects containing 5 acres or more of pocosin conservation Conservation resources are required to comply with additional buffer and conservation standards in Section 5.7 of the Unified Development Ordinance (UDO). Historic No known historic resources Archaeological No known archaeological resources Z23-03 Staff Report BOC 4.3.2023 Page 2 of 19 Board of Commissioners - April 3, 2023 ITEM: 8 - 2 - 2 APPLICANT'S PROPOSED CONCEPTUAL PLAN r ' °pOSe ,7 „T aAeeess �� - pd rks p i v Triplexes and + , Quadraplexes A Proposed Proposed Stormwater T-7 IVELOPMENT 37CRMWAER Road Stub Single Family Dwellings1Jt� 1 7 e , TARIN WOODS 1i P E 2 a -_ - 4 SI WA1 + `0--`4 1 �= r rpp+ +� U' 1Ct7 Proposed y+l17 C9. A LIM tltl Stormwater ZONING AREA 1 I 14,14 AC A 104 UNITS i TAR1N WOODS 11 PHASE 1--- ACE-2.82AC �� + MOWN = 3.12AC ;: . � � � A ' � TARIN WOODS if PHASE 3 I K ! � sraeWwArFW rrnm � CY7 t- h � I A[2W Y= Llnassas'Drive �r Includes Staff Markups Z23-03 Staff Report BOC 4.3.2023 Page 3 of 19 Board of Commissioners - April 3, 2023 ITEM: 8 - 2 - 3 • The concept plan can be broken into two interconnected portions. • The southern portion at Shiloh Drive and Manassas Drive includes a mix of quadraplex residential units, triplex units, and duplex units for a total of 104 dwelling units on 14.14 acres. • The southern portion of the project will connect with existing road stubs at Sweet Gum Drive, Sand Ridge Avenue, and Black Ash Run in the existing Tarin Woods Subdivision providing multiple points of ingress and egress through the development to Carolina Beach Road. • Shiloh Drive is also proposed to extend north and connect to an adjoining commercially zoned parcel on Carolina Beach Road owned by the applicant. • While not under consideration as part of the proposed rezoning, future commercial services on the adjacent parcel would be accessible by vehicles through the connection. • The northern portion of the project includes 10 single-family residential lots transitioning from Tarin Woods to the south into quadraplex, triplex, and duplex units for a total of 223 single-family attached residential units on 27.96 acres. • The northern portion includes a connection to the eastern end of Rosa Parks Drive that continues north to the new proposed roadway connection onto Carolina Beach Road. • The connection to Rosa Parks Drive will not be for ingress and egress as Rosa Parks Drive is a private right-of-way. The applicant has proposed a condition to preserve existing landscaping or installing traffic prevention measures to restrict ingress and egress to Rosa Parks Drive from the existing and proposed developments. • The proposed roadway would provide a continuous connection from Carolina Beach Road, through the proposed development and the existing Tarin Woods south to Manassas Drive and Carolina Beach Road as well as east to Myrtle Grove Road. • The applicant's proposed conceptual plan indicates 8.75 acres of the site will be preserved as open space, slightly above the 20% open space requirement of the UDO. • The concept plan also shows the attached single-family units sited perpendicular to the rear of existing houses to reduce potential visual impacts to existing adjacent properties. • The proposed single-family lots are adjacent to existing single-family lots and act as a transition between the existing development and the proposed higher density residences. • The placement of the proposed attached housing on the Ironwood Drive extension are designed to reduce the number of individual driveways to ensure the road serves as a connector through street between Carolina Beach Road and Tarin Woods. ZONING CONSIDERATIONS • The R-15 district in this area was established in 1971. At the time, the purpose of the R-15 district was to ensure that housing served by private septic and wells would be developed at low densities. Since that time, public and private water and sewer services have become available to the surrounding area; however, the Carolina Beach corridor remains primarily zoned for low density housing. Z23-03 Staff Report BOC 4.3.2023 Page 4 of 19 Board of Commissioners - April 3, 2023 ITEM: 8 - 2 - 4 • While the site is zoned R-15, the Carolina Beach Road corridor has seen increased interest in higher density residential such as the Towns at Market Place across Carolina Beach Road from Manassas Drive, and the Winds Ridge, and Myrtle Landing Townhomes residential developments approximately a mile south of the subject site. • The Myrtle Grove shopping center and Monkey Junction commercial node are immediately to the north providing services, amenities, and educational and employment opportunities. • As currently zoned, the site would be permitted up to 105 dwelling units at a density of 2.5 du/ac under the performance development standards. The proposed 337 units equate to an overall density of 8 du/ac. • The R-5 district was established to provide lands that accommodate moderate to high density residential development on smaller lots with a compact and walkable development pattern. The district allows a range of housing types that can be developed in conjunction with a non-residential district to create a vertical mixed -use development pattern as well as serve as a transition between mixed -use or commercial development and low to moderate density residential development. • Both the existing R-15 and proposed R-5 zoning districts allow a maximum building height of 40 feet. • A Type -A opaque buffer meeting the standards of Table 5.4.3.B.2 is required for attached housing along all property lines adjoining single-family development. • 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. Z23-03 Staff Report BOC 4.3.2023 Page 5 of 19 Board of Commissioners - April 3, 2023 ITEM: 8 - 2 - 5 AREA DEVELOPMENT ;�` ` lit►�� •' �'� � �II� �� � hII •�,��+ � �ff1$�y��a� �I:`� ��1 + � � 1, � ���� � -Robb . , � � ` ��-„+;,'� ,` ff •• ••;� � f i► _ ■ �Ifl11i11111111 rr •p++ = � � h �� !lB ii11lN I►l III Il � 11 � Iq r �.' Ilr�tlllllrlgyir:+i�ii�llf � >+ 1 � � � •i �II���� ��' `► �r�. r: ��Uly Illtlrll 4� �: � � � ` • ► ry �f • l r►, ��/f tttt►ttt IrltrnnlU �^► frrr ``� l{llli► i � �,��► •fill Illy � '� ��/� ♦i �. �f _� 1ll�illq i�il t11111 ������ >• � : ♦� �.� � ��,� T'�l ,' f�t1i�_ 7+ter ♦ � � .� _. '� � � f � `y�'n ttifllllly+'rifri4u„— �IL, �,� �ir� ,r ►. 115{P5{15l a r � • • • r i �, � _ :::... � /I ■+a ••f/ �IilNr ,. it ! + � � y � is c e � � 1t1►H{lltlty y�Ityi # ■ I rhljl! 1 � � ��#!�h i �� �� +Cad '*8�ii♦CongletonFarms •dry �/ ►,I11►��l�InAf��{111. � � G � �� R; . :':+ ��.� � M•i��� Ill r' ,a::'.'� `�-in,,• lip Iffl�i�� ■f�l� � ��, • - ��6n1` ��ii its 'IlfliitXilfl��� . � . • • ' d III i►..vr • • • • - 1"i .►. _.._ � a11► � .aiHflf{ice ��ra_ � Z23-03 Staff Report BOC 4.3.2023 Page 6 of 19 Board of Commissioners - April 3, 2023 ITEM: 8 - 2 - 6 TRANSPORTATION Site Access WIN NOW Il tiss ■ :: .: ■��r rrr ■ 11�I ■ � l��r��rr�tt► CURRENT CONDITIONS Intensity of Current Zoning Typical development under current zoning would allow a maximum of 105 single-family dwelling units. PROPOSED ACCESS Primary Access Carolina Beach Road via Manassas Dr. and a new paved access road north of Rosa Parks Dr. - Connection between commercial parcel fronting Carolina Secondary Access Beach Road and Shiloh Drive - Connections with existing local streets to connect with Myrtle Grove Road via Lt. Congleton Road Z23-03 Staff Report BOC 4.3.2023 Page 7 of 19 Board of Commissioners - April 3, 2023 ITEM: 8 - 2 - 7 EXISTING ROADWAY CHARACTERISTICS Affected Roadway South Carolina Beach Road Type of Roadway NCDOT major arterial Roadway Planning Capacity 41,369 (AADT) Latest Traffic Volume (AADT) 45,000 Latest WMPO Point -in -Time 40,658 Count (DT) Current Level of Congestion Over Capacity Source of Planning Capacity: WMPO Sources Source of Latest Traffic Volume: NCDOT (2021 ) Source of WMPO Point -in -Time County: WMPO (2023) NEARBY NCDOT STIP ROADAWAY PROJECTS U-5702B — S. College Rd. - Access management and time travel improvements along Improvements College Road between Shipyard Boulevard and Carolina (2025 Right-of-way Beach Road. acquisition & utilities) U-5790 — Monkey Junction - Project to convert the intersection of Carolina Beach Road Intersection and Roadway and College Road to a continuous flow intersection. Improvements - The project includes widening Carolina Beach Road south (2029 Right-of-way of the intersection to Sanders Road. acquisition & utilities) TRAFFIC GENERATION Traffic Generated Potential Traffic Generated by by Proposed Impact of Present Designation D Designation Proposed Designation AM Peak Hour Trips 78 171 +93 PM Peak Hour Trips 104 201 +97 Typical Development with Existing Zoning — 105 single family detached dwelling Assumptions Proposed Development — 10 single family detached dwellings and 327 single family attached dwellings Sources Source of Trip Generation: ITE Trip Generation Manual, 1 1t' Ed. Z23-03 Staff Report BOC 4.3.2023 Page 8 of 19 Board of Commissioners - April 3, 2023 ITEM: 8 - 2 - 8 TRAFFIC IMPACT ANALYSIS (TIA) 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. A team of NCDOT, WMPO, and County planning staff work with an applicant's traffic engineers to develop the scope for the TIA, including the study area, the traffic data which must be collected, trip distribution, and the developments and background traffic growth that must be analyzed. This document is used to identify off -site transportation improvements required to mitigate the impacts of the development and must be approved by the WMPO and NCDOT. Approval Date July 27, 2022 Development Proposal 125 single family detached dwellings and 241 townhomes in three Analyzed phases - US 421 (Carolina Beach Road) at southbound to northbound U-Turn near Rosa Parks Lane - US 421 (Carolina Beach Road) at Sanders Road - US 421 (Carolina Beach Road) at Beau Rivage Marketplace driveway (Harris Teeter) - US 421 (Carolina Beach Road) at Manassas Drive/Sharks Study Intersections Eye Lane - Manassas Drive at Shiloh Drive - Myrtle Grove Road at Lt. Congleton Road - US 421 (Carolina Beach Road) and site access north of Rosa Parks — RI/RO - US 421 (Carolina Beach Road) and site access south of Tregembo Animal Park — egress only - 204 AM peak hour trips Trip Generation - 255 PM peak hour trips - 3,058 average daily trips Traffic Data Collection September 2, 2021 (US 421 at Sanders Road) and December 9, 2021 - 65% to and from the north on US 421 - 20% to and from the south on US 421 Trip Distribution and - 5% to and from the west on Sanders Road Assignment - 5% to and from the west on Beau Rivage Marketplace Driveway - 5% to and from the north on Myrtle Grove Road Z23-03 Staff Report BOC 4.3.2023 Page 9 of 19 Board of Commissioners - April 3, 2023 ITEM: 8 - 2 - 9 - Tarin Woods II Development (215 single family detached housing) - Planned Roadway/Intersection Improvements Approved Developments & o Manassas Drive dual right turn lanes Background Growth o Beau Rivage Marketplace (Harris Teeter) leftover - Full Build — 2026 - Growth Rate — 1 % per year Phase 1 A — Build year of 2023 for 125 single family detached dwelling units - No improvements required Phase 1 B — Build year of 2024 for 125 single family attached dwelling units - Extend southbound U-turn land on Carolina Beach Road south of Rosa Parks Lane to provide 500 feet of storage, 50 feet of full width deceleration and 100 feet of taper and optimize signal timings - Construct the new proposed site access to Carolina Beach Road with an internal protected stem of 175 feet Required Improvements measured from the right-of-way line with right-in/right-out ingress and egress lanes and stop controls on the westbound approach. - Construct a northbound right turn lane on Carolina Beach Road from the U-turn bulb south of the proposed access Phase 2 — Build year of 2026 for 116 single family attached dwelling units - Construct a future third access into the site meeting NCDOT roadway standards - Note: While this improvement is not included as part of the conditional rezoning application, the applicant has included a condition requiring the future construction in accordance with the TIA. SUMMARY The proposed project is located along a major arterial highway that is currently over capacity; and the Monkey Junction intersection improvement project has been delayed, with right-of-way acquisition and utility work not scheduled until 2029. The applicant has had a TIA approved by the NCDOT and WMPO requiring several roadway improvements, including a new paved access road to Carolina Beach Road and a connection to a commercial parcel fronting Carolina Beach Road. The development will connect internally with other neighborhoods to allow for a connection to Myrtle Grove Road via Lt. Congleton Road but does not connect to the commercial service node southeast of the Monkey Junction intersection. Z23-03 Staff Report BOC 4.3.2023 Page 10 of 19 Board of Commissioners - April 3, 2023 ITEM: 8 - 2 - 10 ENVIRONMENTAL • The property is not within a Natural Heritage Area or the Special Flood Hazard Area. • The property is within the Mott Creek and Everette Creek watersheds. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class I (Suitable), Class III (Severe Limitation), and Class IV (Unsuitable) soils; however, the project is expected to be served by CFPUA water and sewer if developed. • Conservation resource maps indicate pocosin wetlands may exist on the property. Projects containing 5 acres or more of pocosin conservation resources are required to comply with additional buffer and conservation standards in Section 5.7 of the Unified Development Ordinance (UDO). • The existing stormwater management ponds for Tarin Woods are sized to accommodate the proposed development for the southern portion of the project adjacent to Shiloh Road. • The development area was included in the original stormwater engineering and permitting for the Tarin Woods Subdivision. • The developer has included a condition to address future maintenance of the existing and any future stormwater management systems requiring portions of the proposed development obtain approval to join the existing Tarin Woods Property Owners Association or enter into a maintenance agreement. OTHER CONSIDERATIONS Schools • Students living in the proposed development would be assigned to Anderson Elementary School and Ashley High School. Depending on the area of the development students would be assigned to Myrtle Grove Middle School or Murray Middle School. Students may apply to attend public magnet, year-round elementary, or specialty high schools. • A maximum of 105 dwelling units would be permitted under the current R-15 zoning base density, and 337 units could potentially be developed under the proposed zoning for an increase of 232 dwelling units. • Based on a generalized historic generation rate*, staff would estimate that the increase in homes would result in approximately 51 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 recent New Hanover County Schools Facility Needs Study. Z23-03 Staff Report BOC 4.3.2023 Page 11 of 19 Board of Commissioners - April 3, 2023 ITEM: 8 - 2 - 11 Development Type Intensity Estimated Student Yield (current general student generation rate) Existing Development 18 undeveloped Approximate** Total: 4 single-family lots (2 elementary, 1 middle, 1 high) Typical Development Under 105 residential units Approximate** Total: 21 Current Zoning (9 elementary, 5 middle, 7 high) Proposed Zoning 337 residential units Approximate** Total: 71 (30 elementary, 17 middle, 24 high) *The current general student generation rate was calculated by dividing the New Hanover County public school student enrollment for the 2022-2023 school year by the number of dwelling units in the county. Currently, there are an average of 0.22 public school students (0.09 for elementary, 0.05 for middle, and 0.07 for high) generated per dwelling unit across New Hanover County. These numbers are updated annually and include students attending out - of -district specialty schools, such as year-round elementary schools, Isaac Bear, and SeaTech. **Because the student generation rate often results in fractional numbers, all approximate student generation yields with a fraction of 0.5 or higher are rounded up to a whole number and yields with a fraction of less than 0.5 are rounded down. This may result in student numbers at the elementary, middle, and high school levels not equaling the approximate total. Since the residential components associated with the proposed rezoning are likely to have a build -out date within 5 years per the Traffic Impact Analysis, staff has outlined existing school capacity to provide a general idea of the potential impact on public schools. Staff has provided information on existing school capacity to provide a general idea of the potential impact on public schools, but these numbers do not reflect any future capacity upgrades. School Enrollment* and Capacity** (2022-2023 School Year) Projected Capacity of Funded or Total Enrollment of Assigned Capacity of Planned Level NHC School Assigned Capacity Assignment School School Capacity School w/Portables Upgrades Elementary 91 % Anderson 291 314 93% None Middle 92% Murray 882 889 99% None Middle 92% Myrtle Grove 640 747 86% None High 93% Ashley 1983 1990 99.6% None *Enrollment is based on the New Hanover County Schools student numbers for the 2022-2023 school year. **Capacity calculations were determined based on the capacities for the 2022-2023 school year, and funded or planned capacity upgrades were those included in the Facility Needs Study presented by New Hanover County Schools to the Board of Education in January 2021. This information does not take into account flexible scheduling that may be available in high school settings, which can reduce the portion of the student body on campus at any one time. 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. Z23-03 Staff Report BOC 4.3.2023 Page 12 of 19 Board of Commissioners - April 3, 2023 ITEM: 8 - 2 - 12 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) R-5 zoning district would allow for an increase in housing diversity and would allow those residents to utilize existing goods and services within one mile of the subject property. • The predominant housing type in the area is single-family detached at 79%. Under the proposed R-5 district the site would allow for single-family attached (townhomes) and increase housing type diversity by reducing the percentage of single family detached (79% to 76%) and increasing the percentage of single-family attached units (8% to 1 1 %). • The subject property is located in the Monkey Junction community area, where 65% of residents currently live within one mile of a convenience need (grocery store, retail staples, pharmacies, etc.), a support service (urgent care, primary doctor's office, child & adult care, etc.), and a community facility (public park, school, museum etc.). The proposed R-5 district would increase the number of residences within one mile of goods and services (65% to 66%). Representative Developments Representative Developments of R-15: Tarin Woods Subdivision Z23-03 Staff Report BOC 4.3.2023 Page 13 of 19 Board of Commissioners - April 3, 2023 ITEM: 8 - 2 - 13 Page's Corner in Ogden Representative Developments of Townhome Developments: Saylors Watch in Wilmington Z23-03 Staff Report BOC 4.3.2023 Page 14 of 19 Board of Commissioners - April 3, 2023 ITEM: 8 - 2 - 14 Forest Cove in Wilmington Context and Compatibility • The property is located between existing properties zoned and used for commercial purposes along Carolina Beach Road and the existing Tarin Woods Subdivision, a lower density single-family residential development. • The proposed attached housing type increases housing type diversity in the area and acts as an appropriate transition between the commercially zoned Carolina Beach Road corridor and the existing lower density Tarin Woods Subdivision, which itself acts as a buffer for even lower density residential development east towards Myrtle Grove Road. • The property is located south of the Myrtle Grove shopping center and Monkey Junction commercial node providing services, amenities, and educational and employment opportunities. • The new Hanover Pines county park is under construction immediately to the south of the proposed project. • Most of the surrounding land is either single-family developments or commercial uses intended to serve the surrounding homes. • The proposed concept plan includes a new site access that would serve as an internal connector road for the existing and proposed residential developments in the area that would provide more opportunities for vehicles to exit Carolina Beach Road when trying to reach their destination. • The development is conditioned to install all roadway improvements required by the TIA within the approved phasing and build out years unless amended by NCDOT and the WMPO. Z23-03 Staff Report BOC 4.3.2023 Page 15 of 19 Board of Commissioners - April 3, 2023 ITEM: 8 - 2 - 15 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. General Residential and Urban Mixed Use 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. 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 Place Type residential, light commercial, civic, and recreational. Description Urban Mixed Use: Promotes development of a mix of residential, office, and retail uses at higher densities. Types of uses encouraged include office, retail, mixed use, small recreation, commercial, institutional, single-family, and multi -family residential. Z23-03 Staff Report BOC 4.3.2023 Page 16 of 19 Board of Commissioners - April 3, 2023 ITEM: 8 - 2 - 16 The subject parcels are located between existing lower density residential neighborhoods to the east and the Carolina Beach Road commercial corridor to the west, which is envisioned for the more intensive Urban Mixed Use place type. The proposed attached housing type increases housing diversity in the area and acts as an appropriate transition between existing commercial and residential development. The proposed development is south of the Monkey Junction commercial node and provides residential infill development that can serve existing Analysis commercial uses. Roadway additions and improvements proposed as part of the development increases connectivity and opportunities for vehicles to exit Carolina Beach Road sooner to reach their destinations. The proposed 8 dwelling units per acre matches the density recommended for multi- and single-family residential development in the General Residential place type. The Urban Mixed Use place type promotes multi- family and higher density single-family development to provide a range of housing types, opportunities, and choices. The Urban Mixed Use placed type does not recommend a maximum density and identifies Monkey Junction as an appropriate area for higher density development. The proposed rezoning request is generally CONSISTENT with the 2016 Comprehensive Plan because the proposed density, housing type, and Consistency increased interconnectivity are in line with the recommendations of both the Recommendation General Residential and Urban Mixed Use place types and the proposed development acts as an appropriate transition between existing commercial and residential uses in the area. PLANNING BOARD MEETING The Planning Board considered this application at their March 2, 2023 meeting. Several members of the public spoke in opposition to the request citing concerns over traffic impacts, density, and housing type. The Planning Board deliberations considered the changing nature of development and housing demand in the area, and board members expressed concern with the scale, scope, and potential for additional development impacts from the future development area shown on the concept plan. The Planning Board recommended denial of the petition (7-0). The Planning Board found the application CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed density, housing type, and increased interconnectivity are in line with the recommendations of both the General Residential and Urban Mixed Use place types and the proposed development acts as an appropriate transition between existing commercial and residential uses in the area. The Planning Board also found recommending DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent neighborhoods. Z23-03 Staff Report BOC 4.3.2023 Page 17 of 19 Board of Commissioners - April 3, 2023 ITEM: 8 - 2 - 17 STAFF RECOMMENDATION Staff's recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning considerations, and technical review. The Carolina Beach Road corridor has been designated as General Residential and Urban Mixed Use within the Comprehensive Plan. The plan recommends a mix of commercial uses and residential housing types that act as a transition between higher intensity and lower intensity development. The proposed development would act as a buffer between Carolina Beach Road and lower density residential development to the east, providing infill development and increased housing diversity and interconnectivity in the area. The applicant has also provided additional conditions for the installation of roadway improvements and stormwater maintenance. As a result, Staff recommends approval of the request and suggests the following motion: I move to APPROVE the proposed rezoning. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed density, housing type, and increased interconnectivity of the project are in line with the recommendations of both the General Residential and Urban Mixed Use place types and the proposed development acts as an appropriate transition between existing commercial and residential uses in the area. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the project provides interconnectivity and housing diversity at an appropriate density to act as a transition between existing commercial and residential development. Proposed Conditions: 1. Attached residential dwellings on the east side of Shiloh Drive shall be sited perpendicular to neighboring single-family residential lots. 2. The improvements required as part of each phase of the approved 2022 Traffic Impact Analysis must be completed by the end of the build out year listed in the TIA for each phase. Planning staff is authorized to accept changes to the timing provided such changes are approved by NCDOT and the WMPO. While not shown on the proposed development, the TIA required future third access into the site meeting NCDOT roadway standards for Phase 2 must be completed by the build out year of 2026 unless otherwise approved by NCDOT and the WMPO. 3. Existing trees shall be retained, or another appropriate traffic prevention measure shall be established at the eastern terminus of Rosa Parks Drive to prevent vehicular ingress and egress until such time a written agreement is reached to provide connectivity. An access easement shall be recorded on the final plat from the edge of pavement to the property line with Rosa Parks Drive to ensure the possibility of future access. 4. Any portion of the proposed development that utilizes any portion of the existing stormwater management system for Tarin Woods Subdivision that is not accepted into the Tarin Woods property owners association, must enter into a stormwater maintenance agreement with the Tarin Woods property owners association. Z23-03 Staff Report BOC 4.3.2023 Page 18 of 19 Board of Commissioners - April 3, 2023 ITEM: 8 - 2 - 18 Alternative Motion for DENIAL (If based on information presented at the public hearing or other consideration beyond the scope of staff review, the board finds denial appropriate.) I move to DENY of the proposed rezoning. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed density, housing type, and increased interconnectivity are in line with the recommendations of both the General Residential and Urban Mixed Use place types and the proposed development acts as an appropriate transition between existing commercial and residential uses in the area. However, the future NCDOT improvements at the Monkey Junction intersection were delayed for construction after the Comprehensive Plan recommendations for this area were adopted. I find DENIAL of the rezoning request is reasonable and in the public interest because the scale of the project increases traffic on a major arterial corridor with a delayed infrastructure improvement schedule and the project is not consistent with the desired character of the surrounding community due to potential impacts to visual aesthetics from the different housing types and internal traffic on adjacent neighborhood roadways. Z23-03 Staff Report BOC 4.3.2023 Page 19 of 19 Board of Commissioners - April 3, 2023 ITEM: 8 - 2 - 19 17 L-evhFEi r!mco- Site Address: Z23-03 5741 Carolina Beach Rd Existing Zoning/Use: R-15 Site Z23-03 Proposed Zoning/Use: CZD R-5 -11 N Board of 1 0 500 1,000 US Feet I i I i I O ;fit ���► so,�� i� III\� , ! ��►�j •ts�� -- � Ili i ,��' �j � �=' • • 11 �v. / • 1111 �� • �% � 1111111111��111111111►,� .� � ■�- I� , am OWN t- • � � Il 11!�' � �1111111 i2 Is � ��wi������; ���i��I� I � r•�i mr VIA In �►glass MINE Initial Application Documents & Materials Board of Commissioners - April 3, 2023 ITEM: 8 - 6 - 1 RECEIVED J AN 0 3 2023 NEW HANOVER COUNTY 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 910-443-3060 Email Partners.net Public Hearing Procedures Owner Name (if different from Applicant/Agent) Hoosier Daddy, LLC Company/Owner Name 2 James Yopp - Manager Address 8620 River Road City, State, Zip Wilmington, NC 28412 Phone 910-443-3060 Email net Board of Commissioners - April 3, 2023 Page 1 of 7 ITEM: 8 - 7 -Conditional Zoning District Application - Updated 05-2021 2. Subject Property Information Address/Location Parcel Identification Nu 5831 Carolina Beach Rd and 5982 Appomattox Dr. R07600-004-052-000, R07600-004-067-000, Total Parcel(s) Acreage Existing Zoning and Use(s) I Fub 42.10 +1- R-15 3. Proposed Zoning, Use(s), & Narrative Proposed Conditional Zoning District: R-5 Ge Plus more Total Acreage of Proposed District: 42.10 +/- 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 ten single family residential lots and three hundred twenty-seven residential townhomes. Residential homes will be two and three bedrooms. Most of the residences will have garages and driveways, however, some will contain street parking spaces. Driveways are proposed to not connect to the main road connectors. Open space separation from the existing single family residential to the denser residential community provides buffering from diversified residential home types. Access will be provided along Shiloh Drive with a left deceleration turn lane already installed on Manassas Drive. Roads will interconnect from Sweet Gum Drive to Sand Ridge Ave to Black Ash Run to a B-2 property and exit south of Tregembo Animal Park to the northbound lane of 421/Carolina Beach Road. On the northern portion of the proposed project, Ironwood Drive will connect to a future road that will connect to the northbound land of 421/Carolina Beach Road just north of Rosa Parks Lane. Additional improvements along the southbound and northbound lane of 421/Carolina Beach Road are proposed in the approved TIA submittal. Water and sanitary sewer will connect to the CFPUA 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) Board of Commissioners - April 3, 2023 Page 2 of 7 ITEM: 8 - 7 - Conditional Zoning District Application — Updated 05-2021 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. Additional separation from existing single family residences along with added open space within the Tarin Woods community is a significant change from the original plan. Concerns toward buffering from the Tregembo Animal Park have been addressed. Board of Commissioners - April 3, 2023 Page 3 of 7 ITEM: 8 - 7 - Conditional 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: 210 single family detached and 220 townhomes Trip Generation Use and Variable (gross floor area, dwelling units, etc.)125 single family detached residences and 241 Townhomes residences AM Peak Hour Trips: 204 PM Peak Hour Trips: 256 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 urban mixed use and commercial growth nodes. The R-5 residential district limits the project to 4 residences per building. This will allow for diversified housing products to help satisfy the deficit in housing affordability while supporting and creating easier accessibility to commercial services. Board of Commissioners - April 3, 2023 Page 4 of 7 ITEM: 8 - 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. The transition of increased residential densities to the Growth Nodes is supported between less dense residential communities and busy corridors. 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 utility and commercial services in the Monkey Junction Growth Node has provided appropriate changes to current inappropriate zoning districts. The density allowed in the R-15 zoning district does not support the Comprehensive Land Use Plan for diversified housing or housing affordability. 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 also have limited options in New Hanover County to fit their housing needs. Board of Commissioners - April 3, 2023 Page 5 of 7 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 ftems 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 0 This application form, completed and signed J LY 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 J LY 0 Community meeting written summary J LY p Traffic impact analysis (if applicable) 0 Legal description (by metes and bounds) or recorded survey Map Book and Page Reference of the property requested for rezoning J LY Conceptual Plan including the following minimum elements: I] 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 J LY 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. J LY Board of Commissioners - April 3, 2023 Page 6 of 7 ITEM: 8 - 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 - ,GPAd9jC2WToning District Application — Updated 05-2021 ITEM: 8 - 7 - 7 r: ��:�y'�s �: Dear-nr-ors Z ell N �a3600x Y3NN0 c dHsa�Ji iMoa ,raaaxd w mrrJo, (� z n s000M N18vI rrmoara ruaoa uMMJ aanoara tax era ae saanva av a3a ^ .y�9 s � &R m m N t tp8�r�n k�5 t 7g' W t t 3 i3 W L. z�� rt Board of Commissioners -April 3, 2023 ITEM: 8 - 7 - 8 WMPO July 27, 2022 Mr. Nick Liguori, PE DAVENPORT 1100 Boulders Parkway, Suite 100 Richmond, VA 2322 30S Chestnui Street PO Box 1810 Wilmington, NC 28402 Ph.(910)341 3258 Fax- (910) 341-7801 www.wmpo.org RE: Approval with conditions letter for the Traffic Impact Analysis (TIA) associated with the proposed Ironwood Residential development in New Hanover County, NC (adjacent to Tarin Woods II) Dear Mr. Liguori, The WMPO, NCDOT, and New Hanover County staffs have reviewed the Ironwood Residential development TIA (sealed June 30, 2022) and based on the information provided and conversations held to date, it is our understanding that the proposed development will be built over three (3) phases and will consist of: PHASE 1A - Build year of 2023 ITE Land Use Code 210 - Single Family Detached Housing -125 DU PHASE 1 B - Build year of 2024 ITE Land Use Code 220 - Townhomes - 125 DU PHASE 2 - Build year of 2026 • ITE Land Use Code 220 - Townhomes housing- 116 DU Upon completion the entire development will consist of 125 single family residences and 241 townhomes. Based upon a review of the analysis, the following improvements are required by the developer: US 421 and SB-NB U-turn south of Rosa Parks Lane (Signalized) Phase 1A • No improvements are required Phase 1 B • Extend southbound U-turn Lane on US 427 to provide 500 feet of storage and 50 feet of full width deceleration and 700 feet of taper Optimize signal timings Wilmington Urban Area Metropolitan Planning Organization City of Wilmington • Town of Carolina Beach + Toevn of Kure Beach • Town of Wrightsville Beach County of New Hanover a Town of Belville + Town of Leland + Town of Navassa . County of Brunswick County of Pender a Cape Fear Public Transportation Authority * North Carolina [ epartmant of Transportation Board of Commissioners - April 3, 2023 ITEM: 8 - 7 - 9 TIA approval with conditions for Ironwood Residential TIA Phase 2 • No additional improvements are required US 421 and NB-SB U-turn south of Rosa Parks Lane (Unsignalized) Phase IA, 1B & 2 • No improvements are required US 421 and Sanders Road/Storage Driveway (Signalized) Phase 1A, 1B & 2 • No improvements are recommended. US 421 and Beau Rivage Marketplace Driveway (Unsignalized) Phase TA, 1B & 2 No improvements are required. US 421 and Manassas Drive (Signalized) Phase 1A, 1B & 2 • No improvements are required. US 421 and Sharks Eye Lane (Signalized) Phase 1A, 1 B & 2 • No improvements are recommended. Manassas Drive and Shiloh Drive (Unsignalized) Phase 1A, 1 B & 2 • No improvements are required. Myrtle Grove Road and Lieutenant Conglenton Road (Unsignalized) Phase lA, 1B & 2 • No improvements are required. US 421 and Site Access 1 (Proposed unsignalized right-in/right-out intersection) Phase 1A • No improvements are required. Phase 1B • Construct site access with an internal protected stem of 775 feet measured from the right-of-way line and with one ingress lane and one egress lane (right-in/right-out only) and stop controls on the westbound approach. • Construct a northbound right turn lane on US 421 from the U-turn bulb to the south of this access Phase 2 • No additional improvements are required Page 2 of 3 Wilmington Urban Area Metropolitan Planning Organization City of Wilmington • Town of Carolina Beach • Town of Kure Beach + Town of Wrightsville Beach County of New Hanover • Town of Belville • Town of Leland • Town of Navassa • t_ounty of Brunswick County of Pender • Cape Fear Public Transportation Authority • North Carolina Depat trnL-nt of Transportation Board of Commissioners - April 3, 2023 ITEM: 8 - 7 - 10 TIA approval with conditions for Ironwood Residential TIA US 421 and Site Access 2 (Proposed unsignalized right -out only intersection) Phases TA & 7B • No improvements are required. Phase 2 • Construct site access with an internal protected stem of 700 feet measured from the right-of-way line and one egress lane (right -out only) with stop controls on the westbound approach If changes are made to the proposed site driveways and/or use, the current trip distribution may need to be modified and would require a revised Traffic Impact Analysis to be submitted for review by the NCDOT, WMPO, and New Hanover County, 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, KPE Scott A. Ja Transportation Planning Engineer Wilmington Urban Area MPO Ec: Ben Hughes, PE, District Engineer, NCDOT Jon Roan, Deputy District Engineer, NCDOT Michael L. Bass, 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 Ken Vafier, Director of Planning, New Hanover County Julian Griffee, Planner, New Hanover County Denys Vielkanowitz, PE, City Traffic Engineer, City of Wilmington Thomas Bradshaw, PE, ITS Engineer, City of Wilmington Mike Kozlosky, Executive Director, WMPO Jamar Johnson, El, Engineering Associate, WMPO Page 3of3 Wilmington Urban Area Metropolitan Phnning G+rg to��? malty of Wiiqljn.,zjtCn T�Tr':Ii of Cwokna )3e7zh -,,. Pt ♦ i�:i;;f� •�f v'f ix ltr;SS'. r .^=i county of Ne%v Hanover • Tobin of Belville • Towi,, of to-iarzi • 3`,`i;a Cri r': [u 1t',"J CQu—ity of Pendvr • Cape Fear Public Transporteitio.n Al jiY:i,i .ti • N uth ort.- d ; ra,r;•t t ti ',ot. t Board of Commissioners - April 3, 2023 ITEM: 8 - 7 - 11 DAVENPORT Ironwood — Transportation Impact Analysis Hanover County, NC Prepared for Hoosier Daddy, LLC. June 30, 2022 Executive Summary The proposed Ironwood development is to be located north of Shiloh Drive and east of Rosa Parks Lane in New Hanover County, NC. The development proposes to utilize the existing Shiloh Drive and two (2) proposed site access points off US 421. Ironwood development will be analyzed for three (3) phases: • Phase 1A will consist of 125 dwelling units of single-family homes. Phase 1A will utilize the existing Shiloh Drive as the site access. The build year for Phase 1A is assumed to be 2023. • Phase 1 B includes the addition of approximately 125 dwelling units of townhomes. In addition to the existing Shiloh Drive, Phase 1 B proposes a new right -in right -out access connection on US 421 north of Rosa Parks Lane. The build year for Phase 1 B is assumed to be 2024. • Phase 2 includes the addition of approximately 116 dwelling units of townhomes. Phase 2 proposes an egress only access connection on US 421 north of Sanders Road, south of the Tregembo Animal Park. The build year for Phase 2 is assumed to be 2026. Based on rates and equations in the ITE Trip Generation Manual, the site has a trip generation potential of 204 trips in the AM peak, 255 trips in the PM peak and a total of 3,058 daily trips. 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 both background traffic and new development traffic. The need for roadway improvements was reviewed based on the capacity analysis and turn lane warrant analysis. In Phase 1A condition, no improvements are recommended based upon the results. In Phase 1 B, based on the capacity analysis, NCDOT turn lane criteria and projected volumes, a right turn lane on US 421 is warranted at Site Access 1. At the intersection of US 421 and SB-NB U-turn south of Rosa Parks Lane, it is recommended to extend the southbound U-turn lane from 450 feet to 500 feet of storage. It is also recommended to optimize the signal timings at this intersection. 6/30/2022 210291 Ironwood — TIA Executive Summary Board of Commissioners - April 3, 2023 ITEM: 8 - 7 - 12 0 DAVENPORT Based on the NCDOT nomograph for intersection signalization with two or three approaches, a traffic signal is warranted at US 421 and Beau Rivage Driveway during existing conditions whether the development is built or not. Due to the proximity of the nearby signal, the installation of a signal is not recommended. The committed northbound leftover/U-turn lane storage is expected to be adequate to contain the future queues. Also, exiting traffic can reroute and use alternative accesses to reduce exit delays. Based on the Phase 2 analysis, the recommendations from Phase 1 B are expected to remain adequate. Please note that all site access points should be designed according to NCDOT and City of Wilmington standards. The recommended improvements are illustrated in Exhibit A and are summarized in Table A. In conclusion, this analysis has been conducted based on the City of Wilmington and NCDOT guidelines and has identified roadway improvements to mitigate this development's impacts. 6/30/2022 210291 Ironwood — TIA Executive Summary ii Board of Commissioners - April 3, 2023 ITEM: 8 - 7 - 13 � � Z:CS.. �:'��S:.S:.li O9OL-fH-016 O AH SMNYW3H 'ON H3N a I� �¢ mOtlSIW R31vb� LLJ JP AOOtlO M36O0NT/3N11O Z \f3o m i $ Y 517O0N /�lYl W 5 dC JNINOZ 9NLLSIX3 �1� SYi hmr }ul.f1 _ 7 I ^ U Q Q Q � U ^ Z z 0 N 4A U U O O � N N Board of Commissioners - April 3, 2023 ITEM: 8 - 7 - 14 A a,b a M U cu M U tag M M N N o - i cu Board of Commissioners - April 3, 2023 ITEM: 8 - 7 - 15 L 1 ... � �� - f ; �'� ❑ � F� r �l � �� � �� W W Z Z N W IY W X W w w O h U X to Q L Lcc g 0 w Z- f O w 1" D ORO v a Board of Commissioners - April 3, 2023 ITEM: 8 - 7 - 17 Notice of Meeting December 16, 2022 To: Adjacent Property Owners From: James Yopp Re: 5831 Carolina Beach Road; 5982 Appomattox Drive The owners of this property are proposing a new residential community. The development will have ten single family homesites and townhomes consisting of a maximum of four residences per building, however duplex and triplex structures are provided. The development is proposed to include three phases with phase 1 containing 10 lots and 143 townhomes, phase 2 containing 104 townhomes, and phase 3 containing 81 townhome residences. Additional amenities will be provided for the community to include a clubhouse and pool. 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 Wednesday, December 28 h, 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: Iames'i rockfor.d_partners.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: jamesProckfordpartners.net Board of Commissioners - April 3, 2023 ITEM: 8 - 7 - 18 REPORT OF COMMUNITY MEETING REQUIRED BY NEW HANOVER COUNTY ZONING ORDINANCE FOR CONDITIONAL DISTRICT REZONINGS Project Name: Tarin Woods Townes: 5831 Carolina Beach Rd and 5982 Appomattox Dr. Proposed Zoning: R-15 to R-5 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 16t , 2022. A copy of that written notice and site layout are also attached. The meeting was held at the following time and place: Wednesday. December 28t', 6:00 PM: at the Courtyard by Marriom 100 Charlotte Avenue, Carolina The persons in attendance at the meeting were: Reference sign -in sheet. The following issues were discussed at the meeting: Attendees at the meeting were primarily from Tarin Woods subdivision and residents aloq& Rosa Parks Lane. A description of the R-5 zoning district limiting_a maximum of four residences per building was discussed. Existing amenities for Tarin Woods including a club house, pool, weight room, playgKound,_basketball court with four goals. and two pickle ball courts with the intention to construct additional amenities were discussed. The comprehensive land use plan for higher density, as a transition from single family detached housing to commercial properties was explained. Roadway improvements, on and off site currently complete, along with proposed additional improvements including locations of ingress and egress were specifically addressed during a question and answer session. The layout of the plan with setback, building facing, open space, and height restrictions was presented and discussed. Water, sanitary sewer,And stormwater management requirements were explained. Date: 01-02-2023 Applicant: River Road Construction. LLCu By: James L. Yopp III_ Board of Commissioners - April 3, 2023 ITEM: 8 - 7 - 19 Board of Commissioners - April 3, 2023 ITEM: 8 - 7 - 20 -- •- --.."A ✓w yr rc r:�.uN jNC7r PARCELS: ADJA ENT PROPERTY OWNER ABEI JEROME E DONNA J MAILING ADDRESS 5900 APPOMATI C1T5' / STATE / ZIP ADJACENT AD S CHRISTINA A NDER STEPHEN pX DR 6104 SAND RIDGE AVE WILMINGTON, NC 28409 WLMINGTON, NC 28409 PROPERTY ADDRESS 5900 APPOMATTOX DR WILMINGTON — ALL S OR CAROLINA BEACH LLC AND ON DANIEL TAMBER L I37 249TH ST ENTIGE AVE E FLR 9 S965 JAMAICA, NY 11422 GREENWOOD VILLAGE, CO 80111 6104 SAND RIDGE AVE WILMINGTON • 1012 ROSA PARKS LN WILMINGTON - AS JOSHUA D CATHERINE C S FOR UM DR WILMINGTON, NC 28409 5835 CAROLINA BEACH RD WILMINGTON - B JASON R ET V1R 1112 WILMINGTON, NC 28409 5965 SWEET GUM DR WILMINGTON . BARD CARL P GINA M 5937 APPOMATTOX DR WILMINGTON, NC 28409 1112 SHORT LEAF WAY WILMINGTON . BO BRA LENA BUIE 6135 LYDDEN RD 1021 ROSA PARKS LN6135 WILMINGTON, NC 28409 5937 APPOMATTOX DR WILMINGTON . LYDDEN RD WILMINGTON BREW. MARK M ALLYSON J LARRY JO ANN 1113 SHORT LEAF WAY WILMINGTON. NC 29409 WILMINGTON, NC 28409 1021 ROSA PARKS LN WILMINGTON BROCIC CHRISTOPHER J BRYANT DENNIS LISA 602 MANASSAS DR 4111 WILMINGTON, NC 28409 APT 202 WILMINGTON, NC 28412 1113 SHORT LEAF WAY WILMINGTON . 602 MANASSAS DR WILMINGTON_ BUCK, OEY ROBIN SHORT l I20 SHORT LEAF WAy A WILMINGTON. NC 28409 61I5 LYDDEN RD WILMINGTON BUCIl OSEPH E JR ROBYN S 1717 SPOT LN 1273 SPOT LN CAROLINA BEACH, NC 29428 1120 SHORT LEAF WAY WILMINGTON - 5653 CAROLINA BEACH RD WILMINGTON: BURN KENNON B CARD N ERIC J 6273 SWEET GUM DR CAROLINA BEACH, NC 28428 WILMINGTON. NC 28409 5653 CAROLINA BEACH RD WILMINGTON. 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NY 10805 1043 ROSA PARKS LN WILMINGTON . • HO TIMOTHY T SHANNON M WILMINGTON, NC 28409 5945 SWEET GUM DR WILMINGTON - Hu S THOMAS J MEGAN E 5957 SWEET G � M DR 1012 BLACK A H RUN WILMINGTON, NC 28409 5957 SWEET GUM DR WILMINGTON HU S STEVEN R BARBARA A 6126 LYDDEN` RD WILMINGTON, NC 28409 1012 BLACK ASH RUN WILMINGTON - JA ADAM N PATRICIA D 1108 O ' WILMINGTON, NC 28412 6126 LYDDEN RD WILMINGTON J DAVID M JAMIE B 1108 OVERLN IDCT WILMINGTON, NC 28409 1108 OVERLAND CT WILMINGTOF. N " JA GEORGE RODERICK 828 ST ANDREWS DR APT O WILI WILMINGTON, NC 28909 6119 LYDDEN RD WILMINGTON +J S GERALD THOMAS 535 BARCLAYHILLS DR J S REMA 5699 CAROLINA BEACH RD WILMINGTON, NC 28405 '%JO SON MELVIN ETAL 901 QUEEN ST WILMINGTON. NC 29412 5699 CAROLINA BEACH RD WILMINGTON � JO ER MICHAEL L REGINA WILMINGTON. NC 29401 1040 ROSA PARKS LN WILMINGTON JUN ON STATION BUSINES PARK 5653 CAROLINA BEACH RD WILMINGTON, NC 28409 5945 APPOMATTOX DR WILMINGTON - "' LLC WILMINGTON. NC 28412 5653 CAROLINA BEACH WILMINGTON 5653 CAROL' BEACH RD Cl WILMINGTON. NC 29412 • IROS ATHANASIOS IOANNIS ETA5010 SHILOH DR 5653 CAROLINA BEACH RD WILMINGTON KA KENDALL N CHARLES H WILMINGTON, NC 28409 544 MANASSAS DR WILMINGTON KA IF.S COVE O 1028 BLACK ASH RUN WILMINGTON. NC 28409 OWNERS ASSOC 2018 EASTWOOD RD 1028 BLACK ASH RUN WILMINGTON • KEE BRIAN M 5961 SWEET GUM RD WILMINGTON, NC 28403 WILMINGTON • KAITLIN A 5944 WILMINGTON. NC 28409 5961 SWEET GUM DR WILMINGTON LYDDEN RD 5929 LYDDEN RD • Y EUGENE KATHY DR WILMINGTON. NC 28409 5944 APPOMATTOX DR WILMINGTON - KE DUSTIN DANIELLE WILMINGTON. NC 28412 5929 SWEET GUM DR 6123 LYDDEN RD WILMINGTON • 5932 SWEET GUM DR KRA KHO MAGALI PERSONA WILMINGTON. NC 28409 5929 SWEET GUM DR WILMINGTON - KIN ALAN JULIE 6037 SANDLMINGTON, NC 28409 5912 SWEET GUM DR WILMINGTON . 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MC L TIMOTHY D STEPHANIE M 6048 SAND RIDGE AVE WILMINGTON, NC 29409 5921 APPOMATTOX DR WILMINGTON • M NE JUSTIN P LINDSI M 5752 BROWN PELICAN LN WILMINGTON, NC 28409 6048 SAND RIDGE AVE WILMINGTON - MCC LEY JILL A 6102 WILMINGTON, NC 28409 5752 BROWN PELICAN LN WILMINGTON. MCG TARCHIE J PO BOX X 685 RD WILMINGTON, NC 28409 6102 LYDDEN RD WILMINGTON_ MEL ANTHONY W VAr ERE 793oRivER WRIGHTSVILLE BEACH. NC 28480 I05 GRAND CHAMPION RD WILMINGTON. MILL ALBERT P SARAH J ETAL 123 GRAND CDHA eION RD WILMINGTON, NC 2841Z 1035 ROSA PARKS LN WILMINGTON - MILL' CROFT NATASHA IRENE WILMINGTON. NC 29412 123 GRAND CHAMPION RD WILMINGTON. IR MILL ENE S HEIRS 536 MANASSAS DR WILMINGTON. NC 28412 536 MANASSAS DR WILMINGTON 5801 MISS CAROLINA BEACH RD WILMINGTON, NC 28412 REALTY CAPITAL LLC 3701 COX RD 5801 CAROLINA BEACH RD WILMINGTON- REALTY N ELIZA13ETH WILLIAM III 5956 APPOMATTOX DR RICHMOND. 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NC 28409 6013 IRONWOOD DR WILMINGTON. 540 MANASSAS DR WILM NGTON ARNOLD L FLORENCE S YNSKI 1025 BLACK ASH RUN 2020 CHLTRCHILL DR S WILMINGTON, NC 28409 WILMINGTON, 5654 CLAREMONT CT WILMINGTON - 1025 BLACK ASH RUN WILMINGTON GAVIN R JAMES C WENDY G 'S MABLE 6033 SAND RIDGE AVE 1016 BLACK ASH RUN NC 28403 WILMINGTON, NC 29409 WILMINGTON, - 5664 CAROLINA BEACH RD WILMINGTON- 6033 SAND RIDGE AVE WILMINGTON EVANGELINE W HERM715 CAROLINA BEACH RD dS MALCOLM G CAROL A NC 28409 WILMINGTON, NC 28412 - 1016 BLACK ASH RUN WILMINGTON - I'D �� R�ERTB 6103 LYDDEN RD 1107 OVERLAND CT WILMINGTON, NC 28409 5715 CAROLINA BEACH RD W1LMN(ITON- 6103 LYDDEN RD WILI,IDNGTON LAND SARA LAND'S 3 LLC 5953 APPOMATTOX DR WILMINGTON, NC 28409 WILMINGTON, NC 28409 1107 OVERLAND CT WILMINGTON ' OR CENTER LLC L PROPERTIES 5915 CAROLINA BEACH RD PO BOX 15256 WILMINGTON, NC 28412 WILMINGTON, 5953 APPOMATTOX DR WILMINGTON - 5915 CAROLINA BEACH RD WILMINGTON. LLC N MANAGEMENT LLC PO BOX 16709 NC 28408 WILMINGTON, NC 28408 5951 CAROLINA BEACH RD WILMINGTON - L N THELMA R RYAN B t RYAN ETALL 1779 KIRBY PKWY 12693 7600 SCOUT CAMP HATILA RD MEMPHIS' 38138 WILMINGTON. NC 2909 5933 CAROLINA BEACH RD WILMINGTONWILMINGTONTON - 5653 CAROLINA BEACH RD WILMINGTON tMEYER JAMES P SUSAN L 5921 SWEET GUM DR 5740 BROWN PELICAN LN WILMINGTON, NC 28409 1016 ROSA PARKS LN WILMINGTON - 5921 SWEET GUM DR WILMINGTON 4BO ROBERTD dBO SHERRYETAL, 1332 HILL VALLEY WALK WILMINGTON, NC 28409 WILMINGTON, NC 28412 - 5740 BROWN PELICAN LN WILMINGTON - t TIMOTHY S CATHERINE G 1314 MARSH COVE LN 6005 IRONWOOD DR WILMINGTON. NC 28409 5811 CAROLINA BEACH RD WILMINGTON - CANNON REBECCA ,S COURTNEY N ANTHONY J 5924 APPOMATTOX WILMINGTON, NC 29409 WILMINGTON, NC 28409 6005 IRONWOOD DR WILMINGTON - - CHRISTOPHER ETAL 5904 APPOMATTOX DR 6130 LYDDEN R D WILNIINGTON, NC 28409 WILMINGTON. 5924 APPOMATTOX DR WILMINGTON • 5904 APPOMATTOX DR WILMINGTON TACY J DAVID W JR MI. CHRISTOPHER R MITZI C 1117 SHORT LW- 5941 APPO TT WAY MATTOX DR NC 28409 WILMINGTON, NC 28409 6130 LYDDEN RD WILMINGTON . 1117 SHORT LEAF WAY WILMINGTON,. )AVID B -IS GfiIGER M 7327 AUTHON D ' WILMINGTON. NC 28409 DALLAS• TX 75249 5941 APPOMATTOX DR WILMINGTON - IFS JOSEPH MILDRED M 611z SAND RIDGE AVE 1921 RIVERSIDE DR WILMINGTON. NC 28409 923 MANASSAS DR WIL MLMING 6112 SAND RIDGE WILMINGTON 4SON J C OHM R DERINDA FAME S S D 181 532 MANASSAS 532 MANASSAS DR ATLANTIC CITY, NJ 08401 WILMINGTON, NC 28409 WILMINGTON, - CAROLINA BEACH RD - R 5661 CAROLINA BEACH RD WILMINGTON fICHAEL E AMANDA M GRADYJ CAROLYN T 5966 SWEET GUM DR NC 28409 WILMINGTON, NC28409 532 MANASSAS DR WILMINGTON - Z MATTHEW STEVEN E 7520 MASONBORO SND 6106 LYDDEN RD NC 28409 WILMINGTON, 5966 SWEET GUM DR WILMINGTON • 524 MANASSAS DR WILMINGTON G COREY 0 [A MICHAEL JR CARLY M 6114 LYDDEN RD, 5958 SWEET GUM DR WILMINGTON, NC 28409 WILMINGTON, NC 28409 - 6106 LYDDEN RD WILMINGTON - 6114 LYDDEN RD WILMINGTON MICHAEL A DEBORAH I109 SHORT LE LEAF WAY WILMINGTON, NC 28409 WILNLIIVGTON, NC 28409 5958 SWEET GUM DR WILMINGTON ' 1109 SHORT LEAF WAY WILMINGTON Board of Commissioners - April 3, 2023 ITEM: 8 - 7 - 23 Community Information Meeting 5831 Carolina Beach Road; 5982 Appomattox Drive i Name ! Address C4Jlon 0L., pa, S J' go l JtAflaY1. IWAI ��!, Me� Hoosier Owner / Developer Date: December 28th, 2022 Email (optional) James Yopp ! l3oa0r?f j;Wpj ,rs - April 3, Community Information Meeting 5831 Carolina Beach Road; 5982 Appomattox Drive Date: December 28th, 2022 Name Address Email (optional) i 1 /OVV eutfm 6q *60\a+o ' 3A1P S- -O*v t"I.eo /220 Buck 40-r Qc.,✓ a.- ci s Cal c d-� i i Hoosier Daddy Owner / Developer James Yopp Boa16 _April 3, 2 23 iamesr7rockfordpartners. net Community Information Meeting 5831 Carolina Beach Road; 5982 Appomattox: Drive ' Name Address �l�c, �ct �eI i t i Hoosier Daddy James Yoga - April 3, Date: December 28th, 2022 Email (optional) A ove/,—I C.- /17/yoW ,aX P C-, 1�e t�•� Gc 6Lfae r-,@� V)O�, �i f tkO lIavtC glx c'oU k Community Information Meeting 5831 Carolina Beach Road; 5982 Appomattox: Drive Date: December 28th, 2022 Name Address Email (optional) F7��, Hoosier Daddy Owner / Developer James Yopp Boarpjq6j�f ' ois - April 3, 2123 1ames cr:rockfordartners.net Farrell, Robert From: James Yopp <james@rockfordpartners.net> Sent: Wednesday, January 11, 2023 9:54 AM To: Farrell, Robert; Doss, Amy Subject: Ironwood/Tarin Woods Townes and McQuillan Pines Attachments: 2022-12-22 Tarin Woods_ Overall.pdf; 2022-12-22 McQuillan Pines.pdf; BASE_R5 _REZONING_REV14.pdf; Rezoning_Exhibit_REV2.pdf ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Robert and Amy, Above are renderings of the site plan that provides the amenity area and stormwater ponds for Ironwood/Tarin Woods Townes and McQuillan Pines. I apologize if this was not in the submittal. Also provided are the engineers back and white exhibits reflecting labeled stormwater ponds, amenity areas for both rezonings and the access easement for the McQuillan Pines submittal. 1) Ironwood/Tarin Woods Townes: The development area is primarily an open grass field. There are phases of development that will impact small 6 to 16 inch short leaf pines and scrub brush. Significant trees will be surveyed and mitigated to the best of the ability for the development while meeting NHC requirements and also including water and sanitary sewer utilities, stormwater, and road connectivity. Transplanting of trees will be performed where feasible. 2) McQuillan Pines: The development area is primarily an open grass field. Vegetation on site includes small 6 to 16 inch short leaf pines, scrub brush, and small laurel oaks. Significant trees will be surveyed and mitigated to the best of the ability for the development while meeting NHC requirements and also including water and sanitary sewer utilities, stormwater, and road connectivity. Transplanting of trees will be performed where feasible. Please confirm that this information satisfies your email request for updated rezoning applications and we are on schedule for February 2nd planning board. Let me know a day and time best to meet with you on the projects overall scope and TIA's performed for each. Thank you, James Yopp 910-443-3060 James@ Rockford Partners.net Board of Commissioners - April 3, 2023 ITEM: 8 - 7 - 28 Concept Plan Board of Commissioners - April 3, 2023 ITEM: 8 - 8 - 1 LINE TABLE TAG LENGTH DIRECTION L 1 138.95' N85 23'42"W L2 75.00' N04 3524"E L3 165.73' N85 20'13"W L4 61.37' N79 47'12'W L5 184.58' N85 25'05"W L6 491.96' N0476'12"E L7 187.43' S79 47'43"E L8 453.97' N042846"E L9 196.45' S772924"W L10 219.23' N04 3224"E L l l 17.29' N74 2922"E L12 355.40' N13'31'46"E L13 613.29' S653726"E L14 458.80' N1144'40"E L15 100.01' S7726'10"E L 16 581.48' S1154'19"W L 17 12.50' N88'00'44"W L 18 20.75' S83102'20"W L 19 34.55' S714636"W L20 19.36' S7678'39"W LINE TABLE TAG LENGTH DIRECTION L21 46.53' N39 46'11 "W L22 45.00' S5013'49 "W L23 23.60' S39'46'11 "E L24 192.49' S7738'02"W L25 861.90' SO432'24"W L26 9.57' N85 20'04"W L27 45.00' SO4'34'55"W L28 7.72' S8525'05"E L30 44.03' S3037'51 "E L33 43.16' S2104'02"W L34 6.83' N63'36'55"W L50 312.27' S09 57'30"W L51 250.80' S822458"E L52 171.72' j N10 58'05"E CURVE TABLE Curve # LENGTH RADIUS DELTA Cl 74.11' 77.50' 54 47'14" C2 70.38' 126.05' 315925" C3 38.97' 25.40' 87 54'16" AREA 1 BOUNDARY RE -ZONING AREA 1 14.14 AC 104 UNI TS 20% OPEN SPA CE = 2.82 A C OPEN SPA CE SH 0 WN = 3.12A C = OPEN SPACE \ \ Q FU TURE DEVEL OPMEN T 13.37 AC RE -ZONING AREA 2 27.96 AC 224 UNITS PROPOSED 20% OPEN SPA CE = 5.59 A C OPEN SPA CE SHO WN = 5.63 A C LINE TABLE TAG LENGTH DIRECTION L36 175.18' N70 54'08"W L38 290.43' N713252"W 09 259.55' S2138'14"W L40 55.70' N68 21'46"W L41 272.070 S2138'06"W L42 146.29' N6739'06"W L43 414.61' S2219'35"W L44 393. 60' S67 36'06 "E L45 150.91' N174553"E L46 172.91' S6701'40"E L47 143.27' S1731'35"W L48 163.99' S122228"E L49 163.23' N82 25'07"W L50 312.27' S09 57'30"W L51 250.80' S822458"E L52 171.72' N10 58'05"E L53 144.78' N10'3554"E L54 45.00' S76 4557"E L55 183.20' N09 5538"E L56 757.51' S80-02730"E LINE TABLE TAG LENGTH DIRECTION L57 775.09' N09 5646"E L58 672.50' N80 03'09"W L59 117.75' N17'30'29"E L60 175.18' N70 54'08"W AREA 2 BOUNDARY 200 100 0 200 400 600 SCALE IN FEET. 1 "= 200' CSD ENGINEERING LICENSE # C-2710 ENGINEERING LAND PLANNING COMMERCIAL / RESIDENTIAL P.O. BOX 4041 W/LMINGTON, NC 28406 (910) 791- 4441 O Q N U j J 00 J N 0 o�z o pwo cr >_ F- `� 62 pow I pLOJ O w 0 N I Q i o 3 >- m V) Or Q w 0 J U Z a 0 0 Q 0 z w ct DA TE: 1-2-23 HORZ. SCALE. 1" = 200' PERT. SCALE.- N/A DRA WN B Y.• RL W CHECKED B Y.• HSR PROJECT NO.: 06-0134 ITEM: 8 - 9 - 1 Sheet No. 1 Of 1 CONNECTION TO CAROLINA BEACH RD/ i I . • / I _ 1 14 - - r r �\ I EXISTING TARIN WOODS 1 T— T—F ' \ \ wow �_dL / T �N�✓ ' irA - • 0 / EXISTING B-2 ZONING � I �•`' i a v i s 1,.1i r.J r VL �`' ,. I� IL ARIN Wu'o CAROLINA BEACH ROAD 1 NORTH SCALE: 1" = 200' U 0 100 200 400 V Q V CL ITEM: 8 - 9 - 2 Wilmington, NC JOB #101.540 DECEMBER 22, 2022 Public Comments In Support Neutral In Opposition 116 Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 1 Farrell, Robert From: noreply@civicpIus.com Sent: Friday, February 24, 2023 12:53 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #1765 for Public Comment Form Follow Up Flag: Follow up Flag Status: Flagged ** 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? Rochelle Merino 1116 Short Leaf Way Wilmington NC 28409 roemerino19(@vahoo.com PB Meeting - Z23-03 (Ironwood) Support project Public Comment Hello, As a Tarin Woods resident, as well as the current POA President, I would like to offer my support of this project. I understand the board has, and will, receive many comments in opposition and I ask that you take into consideration the nature of those oppositions. Many residents who disapprove are not Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 2 fully informed of the facts of the situation. Unfortunately, bus stop gossip and whisper down the lane mistruths are being spread about this project. As much as I would prefer to have no additional development in Monkey Junction/Myrtle Grove, I am fully aware that is not the plan for the area. Whether it is this developer or another, this land will be built upon and I would much rather it be developed with the consistency already in existence here in Tarin Woods. It is important to have this area part of the Tarin Woods community so that the POA can realize POA dues from the additional homeowners to help offset maintenance of our shared public access roads. You will hear opposition stating the developer has failed to provide promised amenities. This is not true. The only amenity the developer has not yet provided is a second pool which is part of the final development phase - the one being voted on March 2, 2023. Those opposed are opposed because of the additional traffic additional homes will bring. Unfortunately, no matter who develops this land, additional traffic will come. Those opposed are opposed because they want to see interconnectivity to make it easier to walk or ride bikes to stores along Carolina Beach Road, or even for their children to get to school. The reality is, residents drive their kids to the school bus stop within the community, I do not see them allowing children to ride their bikes or walk to school along and across Carolina Beach Road. When taken in context, some of the opposition just simply does not make sense. The current developer does not own the land that directly connects our community to allow for passage to places like Home Depot, the post office or Coastal Christian High School, yet residents are opposed to this plan stating the developer needs to provide that access first. Some opposed are opposed to any development of this land until the county provides additional infrastructure. From what I can see, the reality is that the county would need to spend millions of dollars rerouting roads and reworking infrastructure already place in order to address this issue. From the residents I have spoken with and who have attended our POA meetings, including an additional meeting the developer held with our community this past Wednesday, it seems there is a 50/50 split between who is supportive and who is opposed. Those opposed will tell you the majority of the community are against this plan. This is not accurate. I ask that you approve this plan so that the development can finally begin its final stage and our community can finally see completion. Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 3 Kindly, Rochelle Merino 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 - April 3, 2023 ITEM: 8 - 10 - 4 Farrell, Robert From: noreply@civicpIus.com Sent: Thursday, March 16, 2023 8:53 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #2210 for Public Comment Form Follow Up Flag: Follow up Flag Status: Completed ** 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 8 AM the day of 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 Beau Last Name Thebault Address 6105 Sweet Gum Dr City Wilmington State NC Zip Code 28409 Email bthebault(a)gmail.com Projects available for BOC Meeting - Z23-03 (5741 Carolina Beach Rd) comment. What is the nature of your Support project comment? Public Comment To the Board, Based on previous Planning Commission meetings on this request, I have moved from neutral to being in support of this project. The following seems to be the case: - The project is consistent with the county's planning Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 5 - The project will bring direct improvements to our immediate neighborhood - The current zoning is far outdated and not consistent with the county's planning - It seems to me, that in the Monkey Junction area at least, zoning changes happen reactively per individual request, not proactively as part of the county's planning - It seems to me that infrastructure development also happens reactively, not proactively Based on those factors, I lean towards the developers' request. With that comes an expectation that the County and the State will need to address issues around traffic patterns, road conditions, school needs, etc. As this development is only one of many, population growth is inevitable and infrastructure needs to be addressed --regardless of who is building. Respectfully, Beau Thebault Tarin Woods Resident 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 - April 3, 2023 ITEM: 8 - 10 - 6 Farrell, Robert From: noreply@civicpIus.com Sent: Monday, March 20, 2023 8:42 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #2275 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 8 AM the day of the applicable meeting will be made available to the Board prior to that meeting and will be included as part of the permanent, public record for that meeting. First Name Donna Last Name King Address 786 liberty landing way City Wilmington State NC Zip Code 28409 Email Donna. mgg(c)gmail.com Projects available for BOC Meeting - Z23-03 (5741 Carolina Beach Rd) comment. What is the nature of your Oppose project comment? Public Comment How many times do we have to have a builder who cares nothing about this town, but to make money keep coming up with the same plan. Year after year we say No but it still keeps coming. Build single family homes to help keep traffic down instead building 300 townhomes the traffic now is horrible how bad does it have to get. Save roads, overcrowded schools, less traffic Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 7 = less building of small townhomes You are ruining this place, Donna king 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 - April 3, 2023 ITEM: 8 - 10 - 8 Farrell, Robert From: noreply@civicpIus.com Sent: Sunday, March 19, 2023 12:30 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #2268 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 8 AM the day of 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 Erin Last Name Montgomery Address 113 Colquitt Dr City Wilmington State NC Zip Code 28412 Email ecswilmington(c gmail. com Projects available for BOC Meeting - Z23-03 (5741 Carolina Beach Rd) comment. What is the nature of your Oppose project comment? Public Comment I oppose rezoning these 29 parcels of land in south Wilmington. 1. We don't have infrastructure in place to accommodate more medium / high density housing. Our schools are over crowded and under funded. Our hospitals are bursting at the seams. Need to find a specialist doctor in the next 6 months? Good luck! Our practitioners cannot keep up with the influx of new residents needing care. 2. Current traffic and road congestion will only become worse and will decrease the quality and enjoyment of community life Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 9 for current residents. To drive appropriately 2 miles in south Wilmington it takes no less than 15 minutes, and this development is going to make that worse. It's no wonder our drivers are so angry and in a rush in this city. 3. The additional traffic will only increase the likelihood and severity of traffic accidents. 4. Apparently those involved with building and decision making in our town are unaware that we are a city prone to hurricanes?! Creating more impervious surfaces, clear cutting native (water absorbing) flora, altering land topography and removing any and all natural forms of protection from wind and flood are foolish and disastrous actions. Approving this rezoning is putting current residents at risk. 5. What benefits are current residents to expect if this rezoning is approved? I believe the board's duty is to represent our citizens, to honor and protect OUR interests. We do not want more construction, especially medium / high density construction. Residents will see NO benefit to this rezoning, so please be our voice and deny this rezoning request. 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 - April 3, 2023 ITEM: 8 - 10 - 10 Farrell, Robert From: noreply@civicpIus.com Sent: Saturday, March 18, 2023 8:09 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #2265 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 8 AM the day of the applicable meeting will be made available to the Board prior to that meeting and will be included as part of the permanent, public record for that meeting. First Name Kim Last Name Mintz Address 614 Antietam Dr City Wilmington State NC Zip Code 28409-4402 Email Kimintz(c-)gmail.com Projects available for BOC Meeting - Z23-03 (5741 Carolina Beach Rd) comment. What is the nature of your Oppose project comment? Public Comment Battle Park residents are dealing with Taryn Woods residents and 2 additional sub divisions speeding through our neighborhood and not obeying stop signs to enter/exit onto Carolina Beach Rd. Please stop this additional building. We currently have excessive traffic on Manassas Dr. and cannot handle additional traffic due to the short length of the road. Until the traffic situation is resolved within Wilmington and more schools are built, the city and county need to stop overpopulating our county. Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 11 Farrell, Robert From: noreply@civicpIus.com Sent: Saturday, March 18, 2023 2:59 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #2262 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 8 AM the day of 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 Tena Last Name Lewis Address 1112 Canopy Way City Wilmington State Nc Zip Code 28409 Email ForHISGlory1968(cDgmail.com Projects available for BOC Meeting - Z23-03 (5741 Carolina Beach Rd) comment. What is the nature of your Oppose project comment? Public Comment We already have difficulty getting out and through traffic and then thru monkey junction.... Add in the summer beach traffic.... 1,000 or more cars will create an unbearable burden on current landowners. Not to mention the impact on the school and services sectors. For 11 years we have watched the conditions worsen and since all of our kids went to Coastal Christian High School, I can tell you we have lived the difficulties of increased traffic, wrecks and impossible traffic congestion. Frankly I don't know how the public school system is handling the increased number Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 12 of kids already, not to mention with no additional resources for these schools or teachers. This would negatively impact our community area of monkey junction, Carolina beach, and our neighborhoods. Both Carolina beach road and Myrtle grove roads are already bursting at the seams. Get out and drive in the morning and evening and witness it yourself . At some point you have to say to yourself, this is compromising the integrity and vision of our community at large and put a stop to unnecessary strain on our ability to provide adequate services to people imps Ted by this overcrowding. Thank you for you time. 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 - April 3, 2023 ITEM: 8 - 10 - 13 Farrell, Robert From: noreply@civicpIus.com Sent: Saturday, March 18, 2023 12:00 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #2259 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 8 AM the day of 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 Melissa Last Name Davis Address 6041 Sand Ridge Ave City Wilmington State NC Zip Code 28409 Email Meldavis2980(cDgmail.com Projects available for BOC Meeting - Z23-03 (5741 Carolina Beach Rd) comment. What is the nature of your Oppose project comment? Public Comment The New Hanover Planning Board has already denied the rezoning of this land for high density housing in March 2023. This should not be approved! The traffic, schools, and existing housing should not be impacted by changing the existing approval to high density housing! Why is this allowed to be revisited by the Commission? Upload supporting files Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 14 Farrell, Robert From: noreply@civicpIus.com Sent: Friday, March 17, 2023 9:50 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #2255 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 8 AM the day of 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 Kendall Last Name Kautz Address 1028 Black Ash Run City Wilmington State NC Zip Code 28409 Email Field not completed. Projects available for BOC Meeting - Z23-03 (5741 Carolina Beach Rd) comment. What is the nature of your Oppose project comment? Public Comment As a resident of Tarin Woods, and New Hanover County, I oppose this project. The infrastructure, school system and evacuation routes are not set up for this increase in households in this MJ area. Upload supporting files Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 15 Farrell, Robert From: noreply@civicpIus.com Sent: Friday, March 17, 2023 3:36 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #2238 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 8 AM the day of 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 Dan Last Name Fuhrmann Address 6117 Sand Ridge Ave City Wilmington State NC Zip Code 28409 Email Sunshynman(cDgmail.com Projects available for BOC Meeting - Z23-03 (5741 Carolina Beach Rd) comment. What is the nature of your Oppose project comment? Public Comment Many concerns have been expressed by the home owners of the surrounding developments that this high density purposely will have. I have emailed all of the commission the petition signed by many residents and it highlights the concerns that the influx of people will have to our area. This proposal needs to not pass on its current form. Petition: https://chng.it/qbN9wW2P Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 16 Farrell, Robert From: noreply@civicpIus.com Sent: Thursday, March 16, 2023 10:12 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #2236 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 8 AM the day of 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 Garrow Address 805 Liberty Landing Way City Wilmington State NC Zip Code 28409 Email bagarrow(a)gmail.com Projects available for BOC Meeting - Z23-03 (5741 Carolina Beach Rd) comment. What is the nature of your Oppose project comment? Public Comment I travel on Manassas Drive daily and then onto Carolina Beach Road. I also travel into Tarin Woods to visit friends and to reach Myrtle Grove Loop Road. These are the only routes available out of my Covington neighborhood. Adding the proposed multi -family housing in Tarin Woods will create many more travel trips than the internal and external road network will be able to handle. I have been in Tarin Woods when a fire truck was putting out a fire and egress travel was prevented due to this emergency. The developer proposes an additional entrance road north of Rosa Parks, a private road that will not Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 17 Upload supporting files be accessible to this development. There is no assurance that this new road will receive DOT approval. Further, it will exit onto Carolina Beach Road north of Monkey Junction and just south of the traffic light to Kings Highway and a busy shopping area with restaurants and stores. This additional traffic from the development will make this already heavily used intersection nonfunctional. There are many close incidents exiting and entering Manassas from Carolina Beach Road. In an emergency situation, egress and ingress will not be possible. I believe the infrastructure should be in place before intensive development is permitted. The County Plan encourages intensive residential development as a buffer between single family residential homes and commercial properties along roadways. That is not a bad plan but the infrastructure to support this type of development strategy absolutely needs to be in place to prevent accidents and other catastrophes. The Tarin Development is located in a bowl and is below the original stream levels. The developer removed the hydric soils and runoff is a problem. Yards are squishy after a light rain and many homeowners had to install French drains to handle runoff. Additional intensive development can only worsen this situation. Our schools are overcrowded and this development with all the other development proposed for south of Monkey Junction will put more stress on an already strained school system. When all these concerns were brought up at the two planning commission meetings the developer could not respond except to deny the problems. He asked for a continuance. At the second planning meeting he did not provide any additional or updated information. The Planning Commission did not grant his second request for a continuance, therefore not approving the rezoning. Based on the developer's inadequate response and the impacts clearly attributable to this intensive development request, I ask that the Board of Commissioners deny this rezoning request. Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 18 Farrell, Robert From: noreply@civicpIus.com Sent: Thursday, March 16, 2023 8:30 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #2234 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 8 AM the day of 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 Farms City Wilmington State nc Zip Code 28409 Email meganwiltshire1977(c�gmail.com Projects available for BOC Meeting - Z23-03 (5741 Carolina Beach Rd) comment. What is the nature of your Oppose project comment? Public Comment No room for all these townhomes, schools overcrowded, not enough doctors for people flooding in here. Traffic is already a nightmare, roads cant handle another 1,000 cars. Not to mention this opposite of what James Yopp told homeowners moving into the community Upload supporting files Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 19 Farrell, Robert From: noreply@civicpIus.com Sent: Thursday, March 16, 2023 2:16 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #2221 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 8 AM the day of 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 Wills Address 5966 Sweet Gum Drive City Wilmington State NC Zip Code 28409 Email Field not completed. Projects available for BOC Meeting - Z23-03 (5741 Carolina Beach Rd) comment. What is the nature of your Oppose project comment? Public Comment The area has to much traffic already in the area to accommodate such dense housing 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. Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 20 Farrell, Robert From: noreply@civicpIus.com Sent: Thursday, March 16, 2023 9:03 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #2211 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 8 AM the day of 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 Jean Last Name Ritter Address 802 Liberty Landing Way City Wilmington State NC Zip Code 28409 Email 0ean.ritter(a)yahoo.com Projects available for BOC Meeting - Z23-03 (5741 Carolina Beach Rd) comment. What is the nature of your Oppose project comment? Public Comment I oppose this request due to the amount of traffic already in our neighborhoods. The infrastructure is not there to meet this added growth. We didn't have the infrastructure to meet the homes they have already built. We have a ton of traffic cutting through Congleton Farms, Tarin Woods and Covington from Masonboro Loop to avoid the Junction. It is absolutely ridiculous that the Commissioners would even entertain this project. Please do NOT vote in favor of this project. Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 21 Farrell, Robert From: noreply@civicpIus.com Sent: Wednesday, March 15, 2023 6:46 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #2200 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 8 AM the day of 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 Richard Last Name King Address 786 Liberty landing City Wilmington State Nc Zip Code 28409 Email rek lunenburg(a�yahoo.com Projects available for BOC Meeting - Z23-03 (5741 Carolina Beach Rd) comment. What is the nature of your Oppose project comment? Public Comment Manassas Dive currently can not handle the traffic in and out onto Carolina Beach road which has a 55 MpH limit. A lot of cars use Lt Congleton as a shortcut from Myrtle Grove to CB. More housing mean at least 2 or 3 cars per household to make more of a mess than it already is. Upload supporting files I oppose this for these reasons. Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 22 Farrell, Robert From: noreply@civicpIus.com Sent: Wednesday, March 15, 2023 5:16 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #2196 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 8 AM the day of 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 chass Last Name hood Address 777 liberty landing way City wilmington State North Carolina Zip Code 28409 Email femchass(a�gmail.com Projects available for BOC Meeting - Z23-03 (5741 Carolina Beach Rd) comment. What is the nature of your Oppose project comment? Public Comment I just went to the planning board meeting on MARCH 2, 2023, and voiced my disapproval, as did others because of a number of issues. The planning board DENIED his request because it's too high density for the area, traffic conditions are already too congested, and Manassas Dr. is still inadequate for the level of additional traffic 335+ units would create. The schools surrounding the area are all overcrowded and in dire need of accommodating increased student populations. However, the schools are not going to be helped in the near future because they were informed there is no money for Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 23 expansions at this time. We cannot handle hundreds of more students these units would bring to the area. According to one community member, in the 2014 evacuation study published, it would take 52 hours to evacuate during a hurricane. We have more people living here now than we did 9 years ago! Traffic down Carolina Beach Rd. and College Rd. is already a nightmare and it's not even summer yet. It takes me 30 to 40 minutes to get from Sanders Rd. to Oleander now. It will be impossible if even more high density is built on top of what is already in process. We currently have a shortage of doctors and nurses and getting appointments for regular and first time patients takes months now. Imagine what it will take with tens of thousands more people here in Wilmington. On Carolina Beach Rd. there are at least 10 new huge apartment buildings under construction; on 17th Street there are about the same under construction. That means thousands more people will move in just in those two locations. The Whiskey Branch Homes are under construction just beyond Monkey Junction. When they are completed they will further add to the problems with inadequate infrastructure in traffic, schools, health care, and hurricane evacuation necessities. I do not understand how Hoosier Daddy can be turned down by the planning board and immediately go to the County Commissioners for approval. How can this be okay? Please tell him "NO". This must stop! 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 - April 3, 2023 ITEM: 8 - 10 - 24 Farrell, Robert From: Kristin Hunt <krhunt@acctelecom.com> Sent: Tuesday, March 7, 2023 9:49 AM To: Farrell, Robert Subject: Z23-03 ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Hello, Please uphold the denial recommendation for building project Z23-03, and any new building projects in the Monkey Junction area. The congestion due to heavy traffic has increased 10 fold in the last few years, water quality is poor, and Murray Middle already has over 30 students in a class. Teachers are quitting left and right. Our infrastructure is not prepared for more residents at this time! Communities are flooding or have standing water that never had issues before due to the rapid development. I cannot imagine what a major hurricane will do to this area since all the trees have been removed. It's imperative to stop the rapid development now, before it's too late. Thank you for your consideration. Thank you, Kristin Hunt ACC Telecom A. _�C 719ecom Trr %Iuu PAINTUA ,4......._ . .1W 410-423-6466, DID (call or text) 410-423-6415, Fax 410-995-0101, Main 410-423-6500, Support krhunt@acctelecom.com www.acctelecom.com Schedule a meeting ACC Referral Rewards Program: Financial compensation for successful referrals =) This electronic mail (including any attachments) courtesy of The Harbor City Corp t/a ACC Telecom may contain information that is privileged, confidential, and/or otherwise protected from disclosure to anyone other than its intended recipient(s). Any dissemination or use of this electronic mail or its contents (including any attachments) by persons other than the intended recipient(s) is strictly prohibited. If you have received this message in error, please notify us immediately by reply e-mail so that we may correct our internal records. Please then delete the original message (including any attachments) in its entirety. Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 25 Farrell, Robert From: noreply@civicpIus.com Sent: Wednesday, March 1, 2023 10:11 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #1899 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 Golightly Address 4905 Split Rail Drive City Wilmington State NC Zip Code 28412 Email lightlyd(a)msn.com Projects available for PB Meeting - Z23-03 (Ironwood) comment. What is the nature of your Oppose project comment? Public Comment Density and traffic please listen to who you represent, the people, not the developers 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 - April 3, 2023 ITEM: 8 - 10 - 26 Farrell, Robert From: noreply@civicpIus.com Sent: Wednesday, March 1, 2023 10:52 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #1877 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? Adam Wylubski 6134 Tarin Rd Wilmington NC 28409 awvlubski(@vahoo.com PB Meeting - Z23-03 (Ironwood) Oppose project Public Comment Despite suggestion that this proposal is in line with the 2016 Comprehensive Plan, I remain opposed as I continue to see evidence to the contrary. Chapter 3, page 13 states, "A mixture of land uses allows for individuals to perform daily tasks without the use of an automobile." Chapter 5, pages 9 and 17 provides additional information on how to achieve this goal. The proposed plan doesn't include an opportunity for residents to access the Home Depot/future Target plaza that is directly to the north of this neighborhood. Approval in its current form Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 27 would be in opposition to the County's own Comprehensive Plan. True interconnectivity would mean directly connecting Tarin Woods to Congleton Farms, Covington, Sentry Oaks, and Battle Park to the Monkey Junction Growth Node. Additionally, there are several dead end streets that could be connected to the proposed development including, Rosa Parks Ln, Brown Pelican Ln (connects to Piner Rd), Lydden Rd (Sentry Oaks), Christa Dr. (connects to Carolina Beach Rd.), Myrtle Gardens Rd. (connects to Myrtle Grove Rd.), and The Kings Highway (Home Depot/future Target Plaza). I've attached a map I've modified to highlight these connections. Again, I respectfully request that New Hanover County uses its authority to follow it's own Comprehensive Plan and encourage responsible growth. 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 TW rezoning 1.0peg 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 - April 3, 2023 ITEM: 8 - 10 - 28 Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 29 Farrell, Robert From: noreply@civicpIus.com Sent: Wednesday, March 1, 2023 8:53 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #1875 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? Stephanie Lawson 8820 W. Telfair Cir Wilmington North Carolina 28412 slawson017aamail.com PB Meeting - Z23-03 (Ironwood) Oppose project Public Comment Enough already! There are no plans for improved infrastructure to support all of the high -density building that is ALREADY happening (ie. River Rd). How on earth can adding more be good for this city/county? We are overpopulated, over built and overgrown. One good hurricane and all of this impervious ground is going to be under water. Wilmington is not even a shadow of its former self and the folks that were born and raised here are being forced out by this continuous land grab Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 30 by greedy builders whom are destroying the charm of this city. Just stop! 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 - April 3, 2023 ITEM: 8 - 10 - 31 Farrell, Robert From: noreply@civicpIus.com Sent: Tuesday, February 28, 2023 10:51 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #1844 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(cDec.rr.com Projects available for PB Meeting - Z23-03 (Ironwood) comment. What is the nature of your Oppose project comment? Public Comment This approval would add too much traffic to CBR 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. Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 32 Farrell, Robert From: noreply@civicpIus.com Sent: Tuesday, February 28, 2023 9:01 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #1839 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? Rachel Berg 702 5th St S. Carolina Beach NC 28428 rkbera15(@gmail.com PB Meeting - Z23-03 (Ironwood) Oppose project Public Comment In addition to the oobvious loss of habitat for wildlife, the removal of trees/ vegetation leads to increased soil erosion and flooding. Increased ares of impervious surfaces leads to flooding and issues with storm water management. The Increased density of housing, in a non -walkable neighborhood, will lead to increases traffic on a road that already carries more traffic than it was designed for, creating more accidents, congestion, and dissatisfied commuters. This situation will be worse during tourist season, possibly leading to fewer visitors, Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 33 resulting in decreased profits for our businesses and revenue for our towns. 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 - April 3, 2023 ITEM: 8 - 10 - 34 Farrell, Robert From: noreply@civicpIus.com Sent: Monday, February 27, 2023 4:15 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #1828 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? Susan Hunt 813 Tarpon Dr Wilmington North Carolina 28409 shunt(cDacctelecom.com PB Meeting - Z23-03 (Ironwood) Oppose project Public Comment I live along the Carolina Beach corridor - As anyone can plainly see, the roads and intersections are extremely congested already without adding an additional 337 more homes to Tarin Woods area and north towards Monkey Junction. My daughter teaches at Murray Middle School - the classrooms are overflowing - teachers are leaving, which mean more students already packed into classrooms. Another daughter lives in Tarin Woods, where this developer left it up to the individual homeowners to deal with the excessive flooding in backyards Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 35 after even just a moderate rainfall! They cannot even use their own property without sinking into swamp -like mudholes. This new development would absolutely create a chaotic, undesirable landscape traffic scene and high risks of more accidents at the entrance of Carolina Beach Rd and Manassas. I strongly oppose this proposal. Sincerely, Susan Hunt 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 - April 3, 2023 ITEM: 8 - 10 - 36 Farrell, Robert From: noreply@civicpIus.com Sent: Thursday, February 23, 2023 1:48 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #1711 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 Mary Last Name Romano Address 6120 Sand Ridge Ave City Wilmington State NC Zip Code 28409 Email istrm48(@hotmail.com Projects available for PB Meeting - Z23-03 (Ironwood) comment. What is the nature of your Oppose project comment? Public Comment The 5741 project we do not agree on . If you plan on building behind the houses on Appomattox , the location is terrible , not to mention what is already existing back there with equipment and all sorts of junk that has been there . WE feel that these buildings are not the place they should be in Tarin Woods . We feel they would devalue all properties in this area, not to mention more traffic for a quiet community and a private community . I would be looking elsewhere for this project. It will create security problems for this community. Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 37 Farrell, Robert From: noreply@civicpIus.com Sent: Tuesday, February 21, 2023 9:58 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #1632 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 Malcolm and Carol Last Name Stevens Address 6103 Lydden Rd City Wilmington State NC Zip Code 29409 Email stevensm(cDcharter.net Projects available for PB Meeting - Z23-03 comment. What is the nature of your Oppose project comment? Public Comment It is obvious from the number of 327 proposed residential townhomes, minimal traffic impact will be 654 cars twice a day on Carolina Beach Rd and/or surrounding neighborhoods. These streets are not built for this heavy traffic increase. The new proposed road north of Rosa Parks Lane will add additional traffic to an already congested area of Carolina Beach Rd. The proposed townhomes and their parking areas will add Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 38 significantly to the impervious surface problems already existing and closely monitored in surrounding subdivisions to comply with county regulations. The fact is this area was previously considered as wetlands. Sentry Oaks streets are already flooding since the development of Taryn Woods. Schools in the area are already overcrowded. For example, Ashley High School is 400 students over the capacity limit. Students are already struggling to make up for Pandemic losses. Overcrowding will only inhibit that process. Current residents bought in the area because it is zoned R-15 Single Family. We do not want multi -story, multi -unit buildings in the area. If this zoning is changed in the southern area of this proposal, multi -story homes will be looking down on existing single family homes valued at around $500,000. Most would never have purchased the home if they knew further development would have multi -story, multi -unit buildings overlooking their homes. We strongly oppose this rezoning request. 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 - April 3, 2023 ITEM: 8 - 10 - 39 Farrell, Robert From: noreply@civicpIus.com Sent: Friday, February 17, 2023 11:55 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #1566 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? Dan Fuhrmann 6117 Sand Ridge Ave Wilmington NC 28409 sunshvnman(@amail.com PB Meeting - Z23-03 Oppose project Public Comment A group of concerned Tarwin Woods residents oppose this project in its current form. They large number of multifamily buildings being proposed will bring an influx of traffic and there are unclear community impacts given by the developer. Upload supporting files Please see the petition: https://chng.it/gbN9wW2P Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 40 Farrell, Robert From: noreply@civicpIus.com Sent: Friday, February 17, 2023 9:26 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #1556 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? Public Comment Jaxon Fowler 2542 Yolanda Drive Wilmington North Carolina 28409 iaxon4demoaamail.com PB Meeting - Z23-03 Oppose project I oppose more apartments 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. Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 41 Farrell, Robert From: noreply@civicpIus.com Sent: Friday, February 17, 2023 9:26 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #1555 for Public Comment Form ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Public Comment Form Public Comment Form The agenda items listed are available for public comment at an upcoming Planning Board or Board of Commissioners meeting. Comments received by noon the day before the applicable meeting will be made available to the Board prior to that meeting and will be included as part of the permanent, public record for that meeting. First Name Charles Last Name Ohnmacht Address 2540 Yolanda Lane City wilmington State NC Zip Code 28409 Email charlieosr(ogmail.com Projects available for PB Meeting - Z23-03 comment. What is the nature of your Oppose project comment? Public Comment We can't handle any more townhomes and apartments The apartments are destroying wilmington 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 - April 3, 2023 ITEM: 8 - 10 - 42 Farrell, Robert From: noreply@civicpIus.com Sent: Friday, February 17, 2023 9:25 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #1554 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 2542 Yolanda Drive City Wilmington State North Carolina Zip Code 28409 Email dogdaze44(cDaol.com Projects available for PB Meeting - Z23-03 comment. What is the nature of your Oppose project comment? Public Comment Ruining the town. 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. Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 43 Farrell, Robert From: noreply@civicpIus.com Sent: Friday, February 17, 2023 9:24 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #1553 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(cDgmail.com Projects available for PB Meeting - Z23-03 comment. What is the nature of your Oppose project comment? Public Comment You are destroying wilmington. 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. Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 44 Farrell, Robert From: noreply@civicpIus.com Sent: Friday, February 17, 2023 9:24 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #1552 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 PO Box 15590 City Wilmington State NC Zip Code 28408 Email val4demo(o)gmail.com Projects available for PB Meeting - Z23-03 comment. What is the nature of your Oppose project comment? Public Comment Please stop with the apartments. we can not handle any more traffice. 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 - April 3, 2023 ITEM: 8 - 10 - 45 Farrell, Robert From: noreply@civicpIus.com Sent: Thursday, January 26, 2023 5:09 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #1083 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 Jeremy Last Name Fitzgerald Address Taking Woods City Wilmington State NC Zip Code 28409 Email Field not completed. Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment Please, do not construct anymore. The infrastructure cannot withstand the overpopulation. 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 - April 3, 2023 ITEM: 8 - 10 - 46 Farrell, Robert From: noreply@civicpIus.com Sent: Wednesday, January 25, 2023 7:35 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #1080 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 Michelle Last Name Sweeney Address 429 Seaview Rd E City Wilmington State NC Zip Code 28409 Email michellesweenev(@charter.net Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment Please work on the infrastructure before adding more developments. How am I going to leave this area if a level 5 hurricane approaches? I left when Floyd was approaching, and it was a nightmare. By the time roads are built, they are outdated. You know we have very little time to plan to leave under the threat of a hurricane. By the time we know that we are in danger, it's almost impossible to get out. Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 47 Farrell, Robert From: noreply@civicpIus.com Sent: Wednesday, January 25, 2023 10:00 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #1056 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 RADECSKY Address 6001 Appomattox Dr City Wilmington State North Carolina Zip Code 28409 Email inrmachine(cDgmail.com Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment We have enough people on our crowded roads today! When will this STOP! before it's too late. 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 - April 3, 2023 ITEM: 8 - 10 - 48 Farrell, Robert From: noreply@civicpIus.com Sent: Wednesday, January 25, 2023 9:13 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #1053 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 Deborah Last Name Wisoff Address 700 Grey Squirrel Drive City Wilmington State NC Zip Code 28409 Email debbiewisoff(aDgmail.com Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment Inadequate infrastructure to support a project of this size. While I understand infrastructure always comes after demand, there has to be a way of accomplishing that. Currently, the roads along Carolina Beach and College Road weren't designed to be widened to accommodate additional vehicles, especially at peak hours. This puts public safety in jeopardy when vehicles responding to emergency situations aren't able to get to their destination in a timely manner. Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 49 Farrell, Robert From: noreply@civicpIus.com Sent: Wednesday, January 25, 2023 9:06 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #1052 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 Charlie Last Name Ohnmacht Address 2540 Yolanda Lane City Wilmington State NC Zip Code 28409 Email charlieosr(ogmail.com Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment From a town where i could leave my front door unlocked and my car windows down to a town where I have to worry about Christmas decorations being stolen. Way to go Wilmington. Advertise to other states, create thousands of apartments and bring all the crime and mayhem in. Thank you for destroying Wilmington. Yes I oppose more townhomes and apartments. Upload supporting files Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 50 Farrell, Robert From: noreply@civicpIus.com Sent: Wednesday, January 25, 2023 9:03 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #1051 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 Jaxon Last Name Fowler Address 2542 Yolanda Lane City Wilmington State NC Zip Code 28409 Email iaxon4demo(cDgmail.com Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment NO MORE TOWN HOMESA. NO MORE APARTMENTS. 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. Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 51 Farrell, Robert From: noreply@civicpIus.com Sent: Wednesday, January 25, 2023 9:02 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #1050 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 2542 Yolanda Lane City Wilmington State NC Zip Code 28409 Email iamie4demo(a)gmail.com Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment I understand the need to grow. But you have to stop allowing the apartments and townhomes. Crime is up. Traffic is insane. The Wilmington that once was that attracted everyone here is a memory. The future of this town is bleak as is, more apartments is the icing on the overcrowded cake. Upload supporting files Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 52 Farrell, Robert From: noreply@civicpIus.com Sent: Wednesday, January 25, 2023 9:00 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #1048 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 Lane City Wilmington State NC Zip Code 28409 Email dogdaze44(cDaol.com Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment The Roads can't handle anymore apartments or townhomes. Please stop allowing all of these townhomes and apartments. YOU ARE DESTROYING Wilmington. It is sickening. 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 - April 3, 2023 ITEM: 8 - 10 - 53 Farrell, Robert From: noreply@civicpIus.com Sent: Wednesday, January 25, 2023 8:58 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #1047 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 2542 Yolanda Lane City Wilmington State NC Zip Code 28409 Email val4demo(o)gmail.com Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment The Roads can't handle anymore apartments or townhomes. Please stop with the overloading the area. YOU HAVE DESTROYED Wilmington in the last five years. Horrible. 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 - April 3, 2023 ITEM: 8 - 10 - 54 Farrell, Robert From: noreply@civicpIus.com Sent: Tuesday, January 24, 2023 11:38 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #1043 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 Erin Last Name Montgomery Address 113 Colquitt Dr City Wilmington State NC Zip Code 28412 Email ecswilmington(aDamail.com Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment I oppose rezoning this tract of land. As a former resident of Tarin Woods and someone who drives past the Manassas Rd / CB Rd intersection daily, I can say that we do NOT have the infrastructure for even 1 more home in that area. Our schools are already overcrowded. The stretch of road where this will feed off of, is horribly congested currently AND will add more risk to the already dangerous Sanders Rd intersection, which is known to have regular car accidents, some of which have been very bad. And can we talk about flooding and environmental Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 55 impacts? That land WAS wetlands! Digging ditches to drain the water and change the topography over time doesn't change the fact that that area wants to and WILL hold water. Creating more impermeable surfaces and eliminating vegetation is adding fuel to the fire and only puts current residents at greater risk when hurricanes or heavy rainfall hits. Please put the interests of existing residents first! More homes does not benefit any of us here and we do not want more construction in that location. 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 - April 3, 2023 ITEM: 8 - 10 - 56 Farrell, Robert From: noreply@civicpIus.com Sent: Tuesday, January 24, 2023 9:07 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #1042 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 Vivian Last Name Radecsky Address 6001 Appomattox Dr City Wilmington State NC Zip Code 28409 Email VradecskvC@amail.com Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment Please do not rezone this area for more density building. People living here have been dealing with high crowded traffic areas with increased pollution of exhaust and noise. The developer for tarin woods has taken all the trees that provided protection from the pollution and noise and shelter for wildlife. It has turned into an undesirable place to live. This used to be a quiet neighborhood and now people are living in an area so overcrowded they can't even get out of their driveways half the time. It's miserable and now the developer has pushed for Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 57 rezoning again for higher density. Is this ever going to stop? Please say no. People in tarin woods have suggested that the developer should correct mistakes causing water retention in yards etc before doing more building. 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 - April 3, 2023 ITEM: 8 - 10 - 58 Farrell, Robert From: noreply@civicpIus.com Sent: Tuesday, January 24, 2023 8:25 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #1041 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 Bloom Address 760 Liberty Landing Way City Wilmington State North Carolina Zip Code 28409 Email maggiebloom(o)sbcglobal.net Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment I am very concerned about this proposal possibly being approved. The congestion on Carolina Beach Road has reached a level that is jeopardizing the safety of residents who need to travel this route. It is a rare day that I don't see a traffic jam due to a serious accident. I have witnessed the transformation of Wilmington from the days my parents lived here over 25 years ago to my buying my home 5 years ago. There seems to be little planning other than stuffing in as many residential developments at the expense of our rapidly Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 59 declining wildlife populations. News of missing pets is commonplace along with sightings of coyotes. Hope we can keep some of the charm this city was so richly blessed with when I moved here. 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 - April 3, 2023 ITEM: 8 - 10 - 60 Farrell, Robert From: noreply@civicpIus.com Sent: Tuesday, January 24, 2023 6:59 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #1038 for Public Comment Form ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Public Comment Form Public Comment Form The agenda items listed are available for public comment at an upcoming Planning Board or Board of Commissioners meeting. Comments received by noon the day before the applicable meeting will be made available to the Board prior to that meeting and will be included as part of the permanent, public record for that meeting. First Name Kim Last Name Mintz Address 614 Antietam Drive City Wilmington State NC Zip Code 28409 Email Kimintz(abgmail.com Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment Battle Park is inundated with traffic and drivers who don't obey the speed limit. If additional building occurs, it will create a bigger issue for residents who exit Shiloh onto Manassas Drive. Additional add the entrance to the park at the end of Antietam Drive and that will create more traffic issues. We have seen an increase in crime, cars broken into and mail being stolen out of mailboxes. What next?? Please take a moment to consider the residents of Battle Park who are opposing any additional building in our neighborhood. Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 61 Farrell, Robert From: noreply@civicpIus.com Sent: Tuesday, January 24, 2023 5:37 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #1037 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 Paul Last Name Sommers Address 246 Inlet Point Dr City Wilmington State NC Zip Code 28409-5010 Email sommersguy(EDgmail.com Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment I am writing in opposition to the rezoning for Tarin Woods II near the zoo just north of Manassas Rd and east of Carolina Beach Rd. My understanding is that the proposed project would add more than 300 multi -unit town homes. I do not live in the Tarin Woods area, but I live a few miles south of there. I rely on Carolina Beach Rd as an emergency escape route in the event of a meltdown at the Brunswick Nuclear Plant or short notice of a dangerous hurricane. Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 62 Hurricanes sometimes unexpectedly change direction or dramatically strengthen, requiring a mass evacuation within a small time window. The proposed development is in the worst possible bottleneck location, right beyond the intersection where Sanders Rd adds escaping residents from the southern county west of Carolina Beach Rd. 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 - April 3, 2023 ITEM: 8 - 10 - 63 Farrell, Robert From: noreply@civicpIus.com Sent: Tuesday, January 24, 2023 4:14 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #1031 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 Debbie Last Name Jordan Address 335 holiday hills dt City Wilmington State NC Zip Code 29409 Email Debbiedaeg(@vahoo.com Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment Enough is enough in building in New Hanover co. No trees, no schools, no roads to support all this craziness in building on every piece of existing dirt. What about green space! 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 - April 3, 2023 ITEM: 8 - 10 - 64 Farrell, Robert From: noreply@civicpIus.com Sent: Tuesday, January 24, 2023 3:32 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #1028 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 Adam Last Name Wylubski Address 6134 Tarin Rd City Wilmington State NC Zip Code 28409 Email awvlubski(cDvahoo.com Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment I'm opposing the project in its current form because I feel that this project (and many others around NHC) should integrate better with surrounding neighborhoods. I've taken the liberty to modify the map the developer provided with the rezoning request to highlight missed opportunities to better connect with the surrounding neighborhoods. Interconnectivity between surrounding development should be an important consideration when reviewing development plans and rezoning requests per Page 5, Chapter 4 of the NHC Comprehensive Plan. Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 65 Understanding that some surrounding roads may be private, NHC should work with developers and owners of the private roads to encourage connections where possible. On the attached map. I've highlighted 4 opportunities to increase interconnectivity with surrounding development. The most beneficial of which is a potential connection between the applicant's property and The Kings Highway which would provide access to the Home Depot/future Target Plaza and Coastal Christian High School. Per the NHC GIS, the applicant does not own property adjacent to the King Highway, but I feel that NHC should use it's authority to encourage the various property owners to come to an agreement and secure this connection. Such a connection would benefit traffic on Carolina Beach Road, benefit traffic on Myrtle Grove Rd, and benefit the residents of the connected communities of Tarin Woods, Congleton Farms, and Covington. If additional connections to surrounding development the connection to the Home Depot/future Target Plaza would prove of even more importance. It's also important to note the safety aspects to additional connections. More connections provide more access points for emergency vehicles. These connections may one day be crucial to saving a life or stopping a crime in progress one day. For these reasons, I encourage the Planning Board to deny the request in it's current form and, if necessary, work with the developer to increase the interconnectivity as highlighted in the New Hanover County Comprehensive Plan. 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 TW rezoning 1.0peg 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 - April 3, 2023 ITEM: 8 - 10 - 66 Farrell, Robert From: noreply@civicpIus.com Sent: Tuesday, January 24, 2023 12:44 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #1015 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 Julie Last Name Kenyon Address 6225 Appomattox dr City Wilmington State Nc Zip Code 28409 Email Niyabandot(@gmail.com Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment We say new Hanover county is "the model of good governance" if this is true, and if those on the board intend to uphold this then we can not allow increased development in Tarin woods. First we must improve the roads to care for increased traffic. We must build new schools -what happened to the promised river lights schools? More doctors, better public transportation. Actual sidewalks would be amazing. Proper cross walks are desperately needed on Carolina beach road from monkey junction down to the beach. Start there. Then Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 67 deeply consider environmental impacts. Then once those items are cared for, then maybe consider more building. 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 - April 3, 2023 ITEM: 8 - 10 - 68 Farrell, Robert From: noreply@civicpIus.com Sent: Tuesday, January 24, 2023 12:29 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #1013 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 McGee Address 713 Liberty Landing Way City wilmington State NC Zip Code 28409 Email ienmcgee27(cDgmail.com Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment This change would cause an influx of traffic to the area and prohibit emergency vehicles from reaching their destination in a timely manner. This would cause a threat of life to those waiting to receive life saving measures. Upload supporting files Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 69 Farrell, Robert From: noreply@civicpIus.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 CcDgmail.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, png. Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 70 Farrell, Robert 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(cDec.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 - April 3, 2023 ITEM: 8 - 10 - 71 Farrell, Robert 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(cDec.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. Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 72 Farrell, Robert From: noreply@civicpIus.com Sent: Tuesday, January 24, 2023 11:27 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #1005 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(cDec.rr.com Projects available for PB-Z23-03 - 5741 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 - April 3, 2023 ITEM: 8 - 10 - 73 Farrell, Robert From: noreply@civicpIus.com Sent: Tuesday, January 24, 2023 10:11 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #994 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 Michelle Last Name OBrien Address 5949 Appomattox Drive City Wilmington State NC Zip Code 28409 Email mobrien79(@Iive.com Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment New zoning for proposed build is not compatible with the current communities infrastructure, adding 348 townhomes (two cars per house X 348= 696 cars) and 10 single family homes on a very small narrow street and feeding into a well establishing community of single family homes is impinging on current residents rights. Current residents invested their hard earned income with the expectations of a single family community and now being forced to accept townhomes, which will in return inevitably lower our property value. I think a more Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 74 accommodating solution would be keeping with smaller single family homes that would be compatible with current community now. 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 - April 3, 2023 ITEM: 8 - 10 - 75 Farrell, Robert 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 Jwebbl5931849(@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. File 1 Field not completed. Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 76 Farrell, Robert From: Roth, Rebekah Sent: Tuesday, January 24, 2023 9:26 AM To: Farrell, Robert Cc: Griffee, Julian Subject: FW: Online Form Submission #950 for Public Comment Form This is another comment that may have been intended for the Ironwood request —if you can confirm, we would want to include the comment with the intended rezoning. Rebekah Roth (she/her/hers) Planning & Land Use Director New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7465 p 1 (910) 798-7053 f rroth@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com From: noreply@civicplus.com <noreply@civicplus.com> Sent: Monday, January 23, 2023 4:10 PM To: May, Katherine <kmay@nhcgov.com>; Roth, Rebekah <rroth@nhcgov.com>; Vafier, Ken <kvafier@nhcgov.com>; Farrell, Robert <rfarrell@nhcgov.com>; rmeredith@nhcgov.com; Doss, Amy <adoss@nhcgov.com>; Griffee, Julian <jgriffee@nhcgov.com>; Dickerson, Zachary <zdickerson@nhcgov.com> 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 Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 77 Email Projects available for comment. What is the nature of your comment? Public Comment Upload supporting files meganwiltshirel 977(@gmail.com PB-Z23-05 - 4629 Carolina Beach Rd Oppose project Opposed 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 - April 3, 2023 ITEM: 8 - 10 - 78 Farrell, Robert From: Roth, Rebekah Sent: Tuesday, January 24, 2023 9:25 AM To: Farrell, Robert Cc: Dickerson, Zachary Subject: FW: Online Form Submission #938 for Public Comment Form You may have already done this, but will you reach out to Mr. McCain? Based on his address, he may have intended to comment on the Ironwood project instead of this rezoning case. If that can be confirmed by email, we should include this comment with the intended case, and can note the confirmation in writing with the scanned comment document. Rebekah Roth (she/her/hers) Planning & Land Use Director New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7465 p 1 (910) 798-7053 f rroth@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCgov.com From: noreply@civicplus.com <noreply@civicplus.com> Sent: Monday, January 23, 2023 3:28 PM To: May, Katherine <kmay@nhcgov.com>; Roth, Rebekah <rroth@nhcgov.com>; Vafier, Ken <kvafier@nhcgov.com>; Farrell, Robert <rfarrell@nhcgov.com>; rmeredith@nhcgov.com; Doss, Amy <adoss@nhcgov.com>; Griffee, Julian <jgriffee@nhcgov.com>; Dickerson, Zachary <zdickerson@nhcgov.com> Subject: Online Form Submission #938 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 Hugh Last Name McCain Address 5921 Appomattox Drive City Wilmington State North Carolina Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 79 Zip Code 28409 Email hamachi.72651(cDgmail.com Projects available for PB-Z22-23 - 6830 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment Congestion and access issues as well as type of housing will impose negative situations for Tarim Woods and safety of entering and exiting onto or from 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. 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 - April 3, 2023 ITEM: 8 - 10 - 80 Farrell, Robert From: noreply@civicpIus.com Sent: Tuesday, January 24, 2023 8:51 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #989 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 Janis Last Name Bradish Address 203 Seventh St N City Carolina Beach State North Carolina Zip Code 28428 Email 6ibrad31(o)hotmail.com Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment A project with this level of density cannot be supported by our infrastructure. The pace of development in New Hanover County is overwhelming and shocking. We do not have healthcare, schools, roads, water, sewer or power sufficient to meet the demands of our current population, much less new populations. This is a profit -forward rezoning request that would be a detriment to our county infrastructure, quality of life and safety. Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 81 I would like to see NHC create some boundaries regarding what re -zoning requests are considered going forward. 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 - April 3, 2023 ITEM: 8 - 10 - 82 Farrell, Robert From: noreply@civicpIus.com Sent: Tuesday, January 24, 2023 8:37 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #988 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 R Last Name Ferro Address 8116 Mainsail Ln City Wilmington State NC Zip Code 28413 Email Field not completed. Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment I support the 10 one family homes but Do Not support the 27 town homes. The schools cannot support the impact, the area infrastructure cannot support the increased population. 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 - April 3, 2023 ITEM: 8 - 10 - 83 Farrell, Robert From: noreply@civicpIus.com Sent: Tuesday, January 24, 2023 8:05 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #987 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 Ryan Last Name Francis Address Carolina beach road City Wilmington State Nc Zip Code 28412 Email Field not completed. Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment Population of this area is too large. There is already increased traffic congestion, increased response times for first responders, negative impacts on surrounding neighborhoods and environment. Upload supporting files Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 84 Farrell, Robert From: noreply@civicpIus.com Sent: Tuesday, January 24, 2023 7:53 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #986 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 JACKIE Last Name CORE Address 6022, Shiloh Drive City Wilmington State NC Zip Code 28409 Email iackiecore(cDvahoo.com Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment I live on Shiloh Drive and the traffic is terrible . I have grandkids and I can't even let them enjoy being kids in my own yard because of the cars flying up and down the road. It has a 25 mph sign and I mean 1 sign that says that on Manassas Drive . Terrin woods residents come through there like it is a speedway to get to the stoplight. We already have a Hard time being safe on manassas to back out of our driveways because of the traffic and speeding. We do not need Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 85 anymore houses to worsen the safety of our kids much less our pets. 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 - April 3, 2023 ITEM: 8 - 10 - 86 Farrell, Robert From: noreply@civicpIus.com Sent: Tuesday, January 24, 2023 7:08 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #985 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 Monica Last Name Villa Address 6140 Sugar Pine Dr. City Wilmington State NC Zip Code 28412 Email mvilla2421(aDgmail.com Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment Until the infrastructure is in place to accommodate this many more homes, I totally oppose this project. The schools are overcrowded and the road systems are not in place to take on any more people. Upload supporting files Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 87 Farrell, Robert From: noreply@civicpIus.com Sent: Tuesday, January 24, 2023 12:13 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #983 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 Patricia Last Name Peterson Address 528 Manassas Drive City Wilmington State NC Zip Code 28409 Email Peterson patricia(cDcharter.net Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Neutral comment? Public Comment Re:Z23-03 rezoning 5741 Carolina beach road. I live on Manassas drive, which is the main road into Tarin Woods. So now they want to add townhomes to their beautiful community shall we guess what road will be used to get to the already overcrowded area. Let's do this, have tarin woods have their own road in and out of their community. I have nothing against tarin woods, my concern is what the builder has done to battle park and our road Manassas Drive. There so many gated communities here, please have tarin woods put up a private Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 88 gate, so they can have their own private road in and out and build whatever the home owners agree to. So if this newest projects gets our overwhelmed road off the entrance and exit for tarin woods I say yes. If this is going to add another 600 commuters to Manassas Drive they I say NO 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 - April 3, 2023 ITEM: 8 - 10 - 89 Farrell, Robert From: noreply@civicpIus.com Sent: Monday, January 23, 2023 11:19 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #982 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 linda Last Name walker Address 204 new wales parke City wilmington State NC Zip Code 28412 Email I1cwalker4(@hotmail.com Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment Stop the madness! There is not enough space in the schools, enough roads for the traffic, doctors or water to support more and more and more people. Already, traffic on CB road going L on CB road at Money Junction is so crowded, cars spill onto the straight lane and block traffic from moving at the green light. STOP the building until infrastructure can handle more humans!! Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 90 Farrell, Robert From: noreply@civicpIus.com Sent: Monday, January 23, 2023 10:08 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #981 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 Lauren Last Name Morton Address 1013 Black Ash Run City Wilmington State NC Zip Code 28409 Email Lmorton923(aDgmail.com Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment This addition will cripple the school systems, add to traffic with only two lane Roads and one road in and out of the community, it will cause a negative effect on the healthcare systems overcrowding the hospitals and outpatient appointments- at this time it takes 6months-1 year to find a provider accepting new patients. My child goes to school in a trailer off the actual school because the building doesn't have the space to educate the students that are already there. The current infrastructure and irrigation Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 91 system was done quickly, poorly, and the builder promised to put in drains to assist almost a year ago and that still hasn't been completed. They need to fix what is not correct before building more homes in a hurried fashion and not doing things properly. This will also cause taxes to increase to support the 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. 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 - April 3, 2023 ITEM: 8 - 10 - 92 Farrell, Robert From: noreply@civicpIus.com Sent: Monday, January 23, 2023 9:42 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #980 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 Rick Last Name Hoppe Address 202 Loder Ave City Wilmington State NC Zip Code 28409 Email rickhoppe(@charter.net Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment I oppose this rezoning attempt. Please understand that we do not have enough schools to accommodate additional residents at this time. Murray middle has 30+ students in a class now with no plans of building another middle school (I was told that River Lights school project was cancelled be they don't have the budget for it anymore since constructions costs increased). I oppose this rezoning attempt. The local govt needs to figure Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 93 out how to solve our infrastructure needs before allowing more building to happen. 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 - April 3, 2023 ITEM: 8 - 10 - 94 Farrell, Robert From: noreply@civicpIus.com Sent: Monday, January 23, 2023 9:11 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #978 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 Orlovsky Address 6012 Culdees Lane City Wilmington State NC Zip Code 28409 Email John. Orlovsky(o)vahoo.com Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment I am opposed to this request. The original development had approximately 100 homes and was easily managed by cooperative neighbors with the help of the HOA. A second phase was added called Tarin Woods 2.0. It has at this time about one hundred additional homes. It is separated by Lt. Congleton Rd. The amenities at Tarin Woods One were stretched to the limit as far as the clubhouse, and especially the community pool. It was barely able to handle all the families from the first one hundred homes. The filtration system is Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 95 constantly under repairs due to overuse. When the developers added Tarin 2.0 they put no additional amenities other than a basketball and pickle ball area. There have been numerous disputes among the neighbors over amenities, traffic, parking, and pets. The current development is barely manageable now. It's hard to imagine how it will be when all the townhomes are added. Community support for the development is fading fast. With no one to serve on the committees the development will deteriorate. Careful planning may be able to save this community. Please vote against this proposal. Save Wilmington Now! 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 - April 3, 2023 ITEM: 8 - 10 - 96 Farrell, Robert From: noreply@civicpIus.com Sent: Monday, January 23, 2023 8:51 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #976 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 Cynthia Last Name Orlovsky Address 6012 Culdees Lane City Wilmington State NC Zip Code 28412 Email Orlovskvc(cDgmail.com Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment I am concerned for all the small children that currently reside in this community of Tarin Woods. It is not gated and there have been numerous incidents of traffic violations, such as; speeding, not stopping at traffic signs, illegal use of the community pool and facilities. It was not originally designed for this many people and cannot accommodate the traffic and large number of people. Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 97 Farrell, Robert From: noreply@civicpIus.com Sent: Monday, January 23, 2023 7:56 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #974 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 Judy Last Name Swann Address 6440 Sentry Oaks Drive City Wilmingron State NC Zip Code 28409 Email Judygirll0(ac)charter.net Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment I oppose development because since Tarin Woods has been developed, when we have heavy rain our neighborhood Sentry Oaks has flooding issues. I have lived at in my home since 1997 and never experienced issues before that development began. Upload supporting files Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 98 Farrell, Robert From: noreply@civicpIus.com Sent: Monday, January 23, 2023 7:55 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #973 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 Maury Last Name Finger Address 5424 Marina Club Drive City Wilmington State NC Zip Code 28409 Email tithing.gristle-Og(cDicloud.com Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment Need more infrastructure before increasing road and school load!!! 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 - April 3, 2023 ITEM: 8 - 10 - 99 Farrell, Robert From: noreply@civicpIus.com Sent: Monday, January 23, 2023 7:48 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #972 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 Zaccaria Address 5958 sweet gum Dr City Wilmington State Nc Zip Code 28409 Email Mizaccaria(aDgmail.com Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment As a resident of this community, I oppose the project. I don't opposse any project but I think to add 300 units +10 additional family homes is excessive. We already live in a community that is very highly trafficked and borderline dangerous for our children. I believe that, adding this many homes will increase our headcount by more than 1000 people which we cannot sustain as a community. Our schools are already way over populated With no room to expand carolina beach road is extremely busy and this will lead to significant more traffic. I do Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 100 believe that our commissioner should turn this down because this additional community is just a greedy attempt to overpopulate our space. 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 - April 3, 2023 ITEM: 8 - 10 - 101 Farrell, Robert From: noreply@civicpIus.com Sent: Monday, January 23, 2023 7:45 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #971 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 Justina Last Name Anastasi Address 6014 sweet gum drive City Wilmington State Nc Zip Code 28409 Email Justina.anastas(cDgmail.com Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment Our community will be negatively impacted by further development at this point. It's over crowded as it is and the roads are over crowded! The developer has not delivered community long promised enhancements to date and no reassurance it will be completed! Our home has so many drainage issues, as well as many other homes, and they refuse to take responsible actions to remediate, even in the first year. They are throwing up houses so quick without quality control Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 102 and only for profit. Another example of greed and not taking in to account all the current residents! 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 - April 3, 2023 ITEM: 8 - 10 - 103 Farrell, Robert From: noreply@civicpIus.com Sent: Monday, January 23, 2023 7:45 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #970 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 Jessica Last Name Cremer Address 6009 TARIN RD City WILMINGTON State NC Zip Code 28409-0006 Email Jesscremer(@gmail.com Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment New Hanover, specifically the zone we are opposing CANNOT handle any more children in the schools! Bellamy has kids in trailers, NO music room, they are in the cafeteria since they needed that classroom. We cannot bring 600+ people into this zone. Upload supporting files Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 104 Farrell, Robert 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 developer is just trying to max out his pockets vs thinking about Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 105 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. Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 106 Farrell, Robert From: noreply@civicpIus.com Sent: Monday, January 23, 2023 7:00 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #968 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 Julie Last Name King Address 6037 Sand Ridge Avenue City Wilmington State NC Zip Code 28409 Email Julie.m.king88(c�gmail.com Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment I am writing to oppose Z23-03 - CZD Rezoning, 5741 Carolina Beach Road, CZD R-5. This development will effect traffic in this area. There is not sufficient infrastructure to support all the additional cars that these residences will bring. If anything, keep the single family homes on Shiloh Road and build the proposed townhomes behind Sweet Gum Drive with a sizable buffer behind the single family homes there already. Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 107 Farrell, Robert From: noreply@civicpIus.com Sent: Monday, January 23, 2023 6:56 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #967 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 Sally Last Name Galyean Address 6141 Sand Ridge Ave City Wilmington State NC Zip Code 28409 Email Field not completed. Projects available for PB-Z23-03 - 5741 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. File 1 Field not completed. Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 108 Farrell, Robert From: noreply@civicpIus.com Sent: Monday, January 23, 2023 5:28 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #965 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 Benjamin Last Name Wold Address 6141 Sweet Gum Dr City Wilmington State NC Zip Code 28409 Email Benwold(aDamail.com Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment The density of adding over 300 homes to an already congested roadway would cause severe delays to an already crowded section of CB road near Sanders Rd.. The schools, seemingly cannot handle existing population of Tarin Wood and have difficulty in both student pickup and drop off. Busses have to drop off students, return to school and pickup more for drop off. Is there a in impact study for the schools classrooms and school transportation? Traffic impact with adding around 1000 people/500+ vehicles to this location? Turning left from CB to Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 109 Manassas is dangerous as is due to traffic. The existing TW roads in the newer section are substandard and crumbling within only a few years. Much of the roads are buckling and or disintegrating. Neighborhood amenities are at over 200% capacity so the pool has become unusable most days. I'm not opposed to the project if these can be answered and addressed but the developer has shown no interest in making good on correcting issues with the previous project. I'm sure there is a way to come up with a reasonable compromise but until that has been solidified, this project cannot be approved without decreasing existing homeowners quality of life and home values. 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 - April 3, 2023 ITEM: 8 - 10 - 110 Farrell, Robert From: noreply@civicpIus.com Sent: Monday, January 23, 2023 5:27 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #964 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 Kenneth Last Name Keast Address 6013 Culdees Lane City Wilmington State NC Zip Code 28409 Email wopagnie(a�gmail.com Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment Very simply...............rezoning from R-15 to R-5, allowing for hundreds of townhouses to be developed in a small area will overwhelm local infrastructure. Schools, roadways/traffic (like poor little skinny Manassas Drive!), medical services just to mention a few examples. Please block this latest attempt at excessive, irresponsible development Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 111 Farrell, Robert From: noreply@civicpIus.com Sent: Monday, January 23, 2023 5:22 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #963 for Public Comment Form ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Public Comment Form Public Comment Form The agenda items listed are available for public comment at an upcoming Planning Board or Board of Commissioners meeting. Comments received by noon the day before the applicable meeting will be made available to the Board prior to that meeting and will be included as part of the permanent, public record for that meeting. First Name Kim Last Name Mayo Address 6112 Tarin Rd City Wilmington State NC Zip Code 28409 Email Wymayo(@gmail.com Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment We do not have the infrastructure to support more high density housing. Traffic, schools, property values will all be negatively impacted, thus our quality of life will suffer. Please consider the strong opposition of current homeowners to this project when making your decision. Upload supporting files Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 112 Farrell, Robert From: noreply@civicpIus.com Sent: Monday, January 23, 2023 5:12 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #961 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 Archie Last Name Wood Address 6241 Sweet Gum Dr. City Wilmington State North Carolina Zip Code 28409 Email Arch ie.Weldon.wood(cDgmail.com Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment Overcrowding of schools and roads due to multi family homes. Storm water and drainage issues. 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 - April 3, 2023 ITEM: 8 - 10 - 113 Farrell, Robert From: noreply@civicpIus.com Sent: Monday, January 23, 2023 4:25 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #952 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 Susan Last Name Hunt Address 813 TARPON DR City WILMINGTON State NC - North Carolina Zip Code 28409-5041 Email shunt(a)acctelecom.com Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment As I'm understanding this proposal, (for more than 320 townhomes plus additional single family homes), obviously this will add well over 600-700 more people and vehicles. Where are these children going to school ! ? Where is there room on the roads and parking lots now for additional traffic!? WHY is the Planning commission even entertaining these developers who insist on building on all undeveloped land? I greatly OPPOSE this proposal . Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 114 Farrell, Robert From: noreply@civicpIus.com Sent: Monday, January 23, 2023 4:08 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #949 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 Jeremey Last Name Cremer Address 6009 Tarin Rd City WILMINGTON State NC Zip Code 28409 Email cremer813(cDgmail.com Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment Tarin woods is conjested enough as is. 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. Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 115 Farrell, Robert 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 mepanwiltshirel977(aamail.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. File 1 Field not completed. Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 116 Farrell, Robert From: noreply@civicpIus.com Sent: Monday, January 23, 2023 4:06 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #946 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 Jessica Last Name Wold Address 6141 Sweet Gum Dr City Wilmington State NC Zip Code 28409 Email JesslaskvC@gmail.com Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment The current development, Tarin Woods, was promised to be a neighborhood of single family homes. With the completion of this current phase of development in addition to Congleton Farms our current streets/infrastructure can not possibly handle another 1000 residents. The local school district is under serious stress and as a PTA board member, I can assure you the teachers are struggling with class size in the older grades. There are trailers being used at all local schools and adding multi unit family housing Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 117 would be less than ideal. As much as we love to see Wilmington flourish, not every area needs to be developed into housing. 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 - April 3, 2023 ITEM: 8 - 10 - 118 Farrell, Robert From: noreply@civicpIus.com Sent: Monday, January 23, 2023 4:05 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #945 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 Jessica Last Name Hughes Address 6137 Sweet Gum Dr City Wilmington State NC Zip Code 28409 Email Jessicahughes613(a�gmail.com Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment Opposing further building and rezoning for townhomes and quadplex homes in the area beside Tarin Woods section 2. 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 - April 3, 2023 ITEM: 8 - 10 - 119 Farrell, Robert From: noreply@civicpIus.com Sent: Monday, January 23, 2023 3:51 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #944 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 Molly Last Name Glenn Address 1240 Lt Congleton Road City Wilmington State NC Zip Code 28409 Email Field not completed. Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment The area is full now with plenty of people. The schools cannot handle this many new families in the 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 - April 3, 2023 ITEM: 8 - 10 - 120 Farrell, Robert From: noreply@civicpIus.com Sent: Monday, January 23, 2023 3:45 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #943 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 Paula Last Name Rogers Address 5601 Garrett Lea Parke City Wilmington State NC Zip Code 28412-7959 Email rogersiPiCcDaol.com Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment This project would add to an already horrible traffic issue on Carolina Beach Road in the area of the proposed development. I live off Julia Drive and quite often can sit for 8-10 minutes waiting for an opportunity to pull out onto Carolina Beach Road. A development of this magnitude would just make this even worse. Thank you for your time and I trust the commission will listen, think and make the right decision for all those concerned. Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 121 Farrell, Robert From: noreply@civicpIus.com Sent: Monday, January 23, 2023 3:43 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #942 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 Andrey Last Name Kuznetsov Address 6145 sweet gum drive City Wilmington State Nc Zip Code 28409 Email AndrewAuznet(@gmail.com Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment Strongly oppose the 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. File 1 Field not completed. Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 122 Farrell, Robert From: noreply@civicpIus.com Sent: Monday, January 23, 2023 3:42 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #941 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 Lisa Last Name Smith Address 1124 Short Leaf Way City Wilmington State North Carolina Zip Code 28409 Email Bruce.l.smith76(@gmail.com Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment Oppose 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. Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 123 Farrell, Robert From: noreply@civicpIus.com Sent: Monday, January 23, 2023 3:32 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #940 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 Teresa Last Name Taylor Address 1121 Lt Congleton Rd City Wilmington State NC Zip Code 28409 Email Field not completed. Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment Area infrastructure including roads, access points, and schools cannot withstand 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. Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 124 Farrell, Robert From: noreply@civicpIus.com Sent: Monday, January 23, 2023 3:29 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #939 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 Lauren Last Name Rich Address 817 ovates lane City Wilmignton State Nc Zip Code 28409 Email Field not completed. Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment I have lived in Tarin woods since 2014 and also Wilmington native. The traffic has become a safety concern as well as too much for our roads that are deteriorating since Tarin II has been built. Additional traffic from multi unit housing and more single family homes will impact our safety and our property values as our neighborhood becomes congested and over populated for its space and infrastructure. Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 125 Farrell, Robert From: noreply@civicpIus.com Sent: Monday, January 23, 2023 3:28 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #938 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 Hugh Last Name McCain Address 5921 Appomattox Drive City Wilmington State North Carolina Zip Code 28409 Email hamachi.72651(cDgmail.com Projects available for PB-Z22-23 - 6830 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment Congestion and access issues as well as type of housing will impose negative situations for Tarim Woods and safety of entering and exiting onto or from 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. Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 126 Farrell, Robert From: noreply@civicpIus.com Sent: Monday, January 23, 2023 3:07 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #936 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 Carly Last Name Zaccaria Address 5958 Sweet Gum Drive City Wilmington State NC Zip Code 28409 Email Carlymichelle278(@gmail.com Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment Upload supporting files I am concerned with the number of homes/units proposed in this project. The traffic on Carolina Beach Road through this area is already very heavy. I am also concerned with the number of families and children that this would bring to the area to schools that are already overfilled. Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 127 Farrell, Robert From: noreply@civicpIus.com Sent: Monday, January 23, 2023 3:02 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #935 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 Chloe Last Name Miller Address 6253 sweet gum drive City Wilmington State Nc Zip Code 28409 Email Field not completed. Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment These streets are already crowded, there are no natural untouched areas nearby us (trees etc) please don't make it worse! On top of that, Bellamy elementary cannot possibly fit any more children in that already crowded school Upload supporting files Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 128 Farrell, Robert From: noreply@civicpIus.com Sent: Monday, January 23, 2023 3:00 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #934 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 Lisa Last Name DiLorenzo Address 6024 Chancellorsville Dr. City Wilmington State NC Zip Code 28409 Email Idilor4538(@aol.com Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment Too much traffic now, not enough new infrastructure to support it. 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 - April 3, 2023 ITEM: 8 - 10 - 129 Farrell, Robert From: noreply@civicpIus.com Sent: Monday, January 23, 2023 2:42 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #933 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 1024 Black Ash Run City Wilmington State Nc Zip Code 28409 Email Maki la. phi pps(cDgmail.com Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment I do not support 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. Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 130 Farrell, Robert From: noreply@civicpIus.com Sent: Monday, January 23, 2023 2:40 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #932 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 Jaime Last Name Hunt Address 6124 Sweet Gum Dr City Wilmington State NC Zip Code 28409 Email Jhunt(cDacctelecom.com Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment I live in Tarin Woods. My yard and all my neighbors' yards flood with a simple rain. Imagine adding all that development; our homes will surely flood. I have included pictures of the flooding. This flooding was from a rain storm (not a hurricane). Please see attached. Also, there is the issue of safety egress. Upload supporting files Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 131 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 E875A49E-OBBE-4602-BF7D-9C56F4AC5F1 E.png File 2 C3880CB7-6CA4-4717-AF3D-00248D2144C6.png File 3 Field not completed. File 4 Field not completed. Email not displaying correctly? View it in your browser. Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 132 Farrell, Robert From: noreply@civicpIus.com Sent: Monday, January 23, 2023 2:39 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #931 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 Jenny Last Name Corbin Address 6008 Sweet Gum Dr City Wilmington State Nc Zip Code 28409 Email iennv.corbin(cDvahoo.com Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment Our neighborhood has so many children and families and I love it. And I'm not opposed to the neighborhood expanding but am worried about how many more families will be squeezed into the remaining space. I'm not opposed to townhomes just the amount of them. Can our schools handle it? Can our roads handle it? Bellamy is pretty overflowing with kids. Are we building new schools? Thank you. Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 133 Farrell, Robert From: noreply@civicpIus.com Sent: Monday, January 23, 2023 2:38 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #930 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 James Last Name Morton Address 1013 black ash run City Wilmington State Nc Zip Code 28409 Email Jamesmorton34(cDgmail.com Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment It's funny how this developing already started putting the the water main and drainage in with out approval, so he must lined someone's pockets with getting this approval. We as a community need to realize adding this many townhouses it's going to drastically change the dynamics of not only the traffic but the school system for this area. My kids are already learning in trailers detached from the school, where are going to put all these extra kids ? Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 134 Farrell, Robert From: noreply@civicpIus.com Sent: Monday, January 23, 2023 2:24 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #929 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 Jeanette Last Name Huntz Address 825 Riddick Ct City Wilmington State NC Zip Code 28409 Email Jeanhuntz(cDcomcast.net Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment Too many houses for schools 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. Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 135 Farrell, Robert From: noreply@civicpIus.com Sent: Monday, January 23, 2023 2:23 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #928 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 Wendy Last Name Steele Address 1016 Black Ash Run City Wilmington State Nc Zip Code 28409 Email Field not completed. Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment I am concerned about the impact this will have on the traffic and schools in the 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 - April 3, 2023 ITEM: 8 - 10 - 136 Farrell, Robert From: noreply@civicpIus.com Sent: Monday, January 23, 2023 2:01 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #921 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 Victoria Last Name Southworth Address 6157 Sand Ridge Avenue City Wilmington State NC Zip Code 28409 Email tori petek(c�vahoo.com Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment We are overcrowded here as it is. There is not enough space in schools or hospitals! WE ON TARIN WOODS OPPOSE 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. Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 137 Farrell, Robert From: noreply@civicpIus.com Sent: Monday, January 23, 2023 1:59 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #920 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 Grassi Address 4644 Laver Dr City Wilmington State NC Zip Code 28409 Email Gtrain27(cDyahoo.com Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment I'm very concerned about the increased traffic, condition of the roads, and safety concerns with first responders. 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 - April 3, 2023 ITEM: 8 - 10 - 138 Farrell, Robert From: noreply@civicpIus.com Sent: Monday, January 23, 2023 1:52 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #917 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 Isabel Last Name Bordo Address 6117 Sweet Gum Drive City Wilmington State NC Zip Code 28409 Email imb1878(cDgmail.com Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment Our roads and neighborhood are not even currently equipped for the families and houses it has now. Adding over 1000k more residents and cars to the area is careless and based solely on money. This area already had drainage issues, accidents galore, and really only 1 school for each type (elementary, middle, high). The last thing we need is more construction, especially townhouses. Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 139 Farrell, Robert From: noreply@civicpIus.com Sent: Monday, January 23, 2023 1:32 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #913 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 Stacey Last Name Heath Address 4605 Laver dr City Wilmington State Nc Zip Code 28409 Email Field not completed. Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment Overcrowded roads in an area that has a very high accident statistic Upload supporting files Overcrowded schools Strain on emergency responders Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 140 Farrell, Robert From: noreply@civicpIus.com Sent: Monday, January 23, 2023 1:29 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #911 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 Micah Last Name Hendrix Address 6057 Sweet Gum Drive City Wilmington State NC Zip Code 28409 Email Field not completed. Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment Re -zone is out of character with area. Area is dense single family households and road congestion is already a documented concern for EMS /Fire/ etc emergency services. Schools districts in the 28409/28412 as well are already overcrowded especially in busing capacity due to high growth rates of last 2 years in this area; some of the highest growth rates in the nation. This re -zone will do nothing but exacerbate these legitimate concerns all in the name of profit. Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 141 Farrell, Robert From: noreply@civicpIus.com Sent: Monday, January 23, 2023 1:25 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #910 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 Dominic Last Name Campese Address 108 point Reyes Drive City Wilmington State Nc Zip Code 28412 Email Cam pesedf(aDgmaiLcom Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment Not enough space for children in schools, unwanted increase in traffic, deduction of wildlife habitats, electrical grid will not sustain this many new homes. 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 - April 3, 2023 ITEM: 8 - 10 - 142 Farrell, Robert From: noreply@civicpIus.com Sent: Monday, January 23, 2023 1:05 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #907 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 Melissa Last Name Davis Address 6041 Sand Ridge Ave City Wilmington State NC Zip Code 28409 Email meldavis2980(aDgmail.com Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment Developer has not accounted for additional traffic, school resources and available space, or the existing community amenities impact on the volume of increased residences. 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 - April 3, 2023 ITEM: 8 - 10 - 143 Farrell, Robert From: noreply@civicpIus.com Sent: Monday, January 23, 2023 12:40 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #904 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 Jaime Last Name Hunt Address 6124 Sweet Gum Dr City Wilmington State NC Zip Code 28409 Email iaimehunt90(a)gmail.com Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment I oppose the rezoning of 5741 Carolina Beach Rd. 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. Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 144 Farrell, Robert From: noreply@civicpIus.com Sent: Monday, January 23, 2023 12:33 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #903 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 Phil Last Name Hertzog Address 5945 Sweet Gum Dr City Wilmington State NC Zip Code 28409 Email Phil iphertzogCcDvahoo.com Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment I do not believe that this request aligns with the goals of the County to be "committed to building a sustainable future for future generations." If the amount of homes being proposed is approved it will be a deterrent for building future vibrant, prosperous, diverse community due to unmanageable amount of traffic that will result on Carolina Beach Rd between the College Rd intersection and Manassas drive. There is already currently issues with congestion within this area and adding the proposed volume of residents will creating a significant issue, Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 145 preventing school busses and parents getting kids to and from school and activities. Parents are already cutting through the Beau Rivage plaza parking lot to get kids to Bellamy Elementry to avoid the impossible backlog of traffic at Sanders Rd. Not to mention the schools are already at capacity. The future traffic volume resulting from this plan will also be a further deterrent for visitors heading south to Carolina Beach, Kure Beach, and Fort Fisher directly impacting tax revenue and future growth opportunities for the county and its residents. It seems very irresponsible for this developer to make this egregious proposal cramming this number of homes in such a tiny area, especially when they're previous proposals for single- family homes with Tarin Woods have been so successful for the county. 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 - April 3, 2023 ITEM: 8 - 10 - 146 Farrell, Robert From: noreply@civicpIus.com Sent: Monday, January 23, 2023 12:08 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #901 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 Kristin Last Name Hunt Address 129 Colquitt Dr City Wilmington State NC Zip Code 28412 Email kristinhnt(cDvahoo.com Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment The amount of building in Wilmington is out of control. It seems no one has stopped to think about what this means for flooding, hurricanes, schools (over 30 kids in classrooms at Murray middle this year alone!!!!!), water quality, roads, traffic, and even the amount of available doctors. Doctors are so overwhelmed with patients that they are booking 6-9 months in advance! Please do what you were elected to do, and stop the builders from taking the little bit of land that Wilmington has left. Stop the greed and think about the community at large. We Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 147 need to put building projects on hold until we have infrastructure in place to support it. 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 - April 3, 2023 ITEM: 8 - 10 - 148 Farrell, Robert From: noreply@civicpIus.com Sent: Monday, January 23, 2023 9:39 AM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #885 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 Beau Last Name Thebault Address 6105 Sweet Gum Dr City Wilmington State NC Zip Code 28409 Email bthebault(a)gmail.com Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment By all means, if James was developing within zoning requirements, I would say he has every right to do so. However, without knowing the specifics, it seems to me a mistake to change the zoning to allow such a large increase in population. Upload supporting files Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 149 Farrell, Robert From: noreply@civicpIus.com Sent: Sunday, January 22, 2023 5:13 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #875 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 Laurie Last Name Littlejohn Address 785 Liberty Landing Way City Wilmington State North Carolina Zip Code 28409 Email Field not completed. Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment Think about improving the infrastructure first. This type of housing will create more density and traffic than this area can safely sustain. If it must be developed, at least stick with single- family homes. Thank you. Upload supporting files Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 150 Farrell, Robert From: noreply@civicpIus.com Sent: Sunday, January 22, 2023 4:48 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #874 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 Nancy Last Name Brigham Address 6122 Chancellorsville Drive City Wilmington State NC Zip Code 28409 Email Crancv5(cDvahoo.com Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment This project would create additional traffic issues and exacerbate the existing issues with congestion in the area, not to mention the overcrowding of our schools and lack of available school buses due to driver shortages. Upload supporting files Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 151 Farrell, Robert From: noreply@civicpIus.com Sent: Sunday, January 22, 2023 1:35 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #871 for Public Comment Form ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Public Comment Form Public Comment Form The agenda items listed are available for public comment at an upcoming Planning Board or Board of Commissioners meeting. Comments received by noon the day before the applicable meeting will be made available to the Board prior to that meeting and will be included as part of the permanent, public record for that meeting. First Name Donna Last Name King Address 786 liberty landing way City Wilmington State NC Zip Code 28409 Email Donna. mggCcDgmaiLcom Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment I live in Covington which is off off of Manasas and we have built hundreds of houses in this are in the last few years and you want to build 300 more townhomes?The traffic is terrible and if you build hundreds more what do you think that will do? More people, more traffic, roads, schools? Please stop building it doesn't make our town better Thank you, Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 152 Donna King 786 Liberty Landing Way Wilmington, NC 28409 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 - April 3, 2023 ITEM: 8 - 10 - 153 Farrell, Robert From: noreply@civicpIus.com Sent: Sunday, January 22, 2023 1:25 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #870 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 Andrew Last Name DiMaggio Address 6090 Chancellorsville Drive City Wilmington State NC Zip Code 28409 Email drewdimaggio(a�gmail.com Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment The fact that anything is being built, or any resources are being put into anything before the park in this neighborhood is finished is absurd. That park has been on the books for years. Aside from that, we are already at a point of congestion and overcrowding throughout the neighborhood and surrounding area. Upload supporting files Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 154 Farrell, Robert From: noreply@civicpIus.com Sent: Sunday, January 22, 2023 1:19 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #869 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 Heather Last Name DiMaggio Address 6090 Chancellorsville Dr City Wilmington State NC Zip Code 20409 Email Heather.inguiries(cDvahoo.com Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment Our neighborhood (roads, bus stops, resources, amenities, etc etc) is already entirely too crowded. It is unsafe should there be an emergency or evacuation is needed. 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 - April 3, 2023 ITEM: 8 - 10 - 155 Farrell, Robert From: noreply@civicpIus.com Sent: Sunday, January 22, 2023 1:14 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #868 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 Jean Last Name Ritter Address 802 Liberty Landing Way City Wilmington State NC Zip Code 28409 Email iean.ritter(cDvahoo.com Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment Please stop the growth of Tarin Woods. We cannot take any more traffic and gridlock south of the Junction. It is absolutely ridiculous right now. Another 650+ more residents is completely uncalled for. If we have an emergency back here in Covington, emergency vehicles will face a nightmare trying to get back to us.. STOP THE GROWTH, Please!!! Jean Ritter Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 156 802 Liberty Landing Way Wilmington NC 28409 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 - April 3, 2023 ITEM: 8 - 10 - 157 Farrell, Robert From: noreply@civicpIus.com Sent: Sunday, January 22, 2023 1:08 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #867 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 Garrow Address 805 Liberty Landing Way City Wilmington State North Carolina Zip Code 28409 Email Bagarrow(cDgmail .com Projects available for PB-Z23-03 - 5741 Carolina Beach Rd comment. What is the nature of your Oppose project comment? Public Comment I travel in and out of my subdivision on Manassas to Carolina Beach Road most days. The proposed rezoning will greatly impede safe and reasonable travel access by the increase in travel trips to this already congested area just south of Monkey junction. There are already travel problems within the Tarin community when there is an emergency such as blocking a street during a fire episode. Please do not approve this rezoning as it is an unsafe, further degrades the environmental Board of Commissioners - April 3, 2023 ITEM: 8 - 10 - 158 quality of our region, and puts an unneeded burden on governmental services. 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 - April 3, 2023 ITEM: 8 - 10 - 159 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:4/3/2023 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 NOTE: A request to continue this item has been received. Rezoning Request (Z23-07) - Request by Cindee Wolf with Design Solutions, applicant, on behalf of Ernest Faison 11, property owner, to rezone approximately 0.96 acres of land located at 6505 Carolina Beach Road from R-15, Residential to (CZD) B-2, Regional Business to convert an existing single-family home for a contractor's office with an accessory structure and outside storage and other limited commercial uses. (See page 1 of the attached staff report for a reference map.) BRIEF SUMMARY: The applicant is proposing to rezone approximately 0.96 acres of land located at 6505 Carolina Beach Road from R-15, Residential to (CZD) B-2, Regional Business to convert an existing single-family home for a contractor's office and other limited commercial uses with a new accessory structure and outside storage areas. The applicant seeks to limit the permissible uses to business services, offices for private business and professional activities, instructional services and studios, and personal services. The applicant has also proposed conditions on lighting, limiting posts to no taller than 12, which is more restrictive than the U DO's lighting standards limiting post height to 25, and other development standards related to landscaping and signage The R-15 district in this area was established in 1971. At the time, the purpose of the R-15 district was to ensure that housing served by private septic and wells would be developed at low densities. Since its original zoning designation, this portion of the county has experienced a transition with mixed zoning districts of higher intensities from Halyburton Parkway to the Monkey Junction area to the north. The B-2 district was established to provide for the proper site layout and development of larger format or larger structure size business uses, including big box stores and automobile dealers. It is also designed to provide for the appropriate location and design of auto -oriented uses that meet the needs of the motoring public or that rely on pass - by traffic. There has been a trend of parcels transitioning from residential uses into commercial districts along major roadways, including Carolina Beach Road. Access to the property is proposed via a right -in, right -out driveway on Carolina Beach Road, a state -maintained primary arterial roadway. The proposed development is anticipated to generate 3 AM peak hour trips and 4 PM peak hour trips, a 2 trip increase from the 1 AM peak hour trip and 2 PM peak hour trips estimated under current zoning. While the proposed project is located along a roadway that is currently over capacity, the proposal is expected to Board of Commissioners - April 3, 2023 ITEM: 9 generate only a slight increase in the number of estimated trips. The proposed project's peak hour traffic is below the 100 peak hour threshold requiring a traffic impact analysis, but NCDOT will review the project through the driveway permitting process. The Comprehensive Plan classifies the property as Community Mixed Use, which allows for low to moderate intensity retail and services that can support nearby neighborhoods. The Community Mixed Use place type designation encourages a mix of uses, including single- and multi -family residential, commercial, civic, mixed -use, and recreational uses. The proposed (CZD) B-2 rezoning is consistent with the uses and intensity recommended in the Comprehensive Plan. The proposed (CZD) B-2 rezoning for Business Services, Business & Professional Offices, Instructional Services & Studios, and Personal Services is generally CONSISTENT with the types of uses encouraged in the Community Mixed Use place type. The Planning Board considered this application at their March 2, 2023 meeting. No one spoke in support of or in opposition to the request. The Planning Board unanimously recommended approval of the petition (7-0). 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 RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff's recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning considerations, and technical review. The subject site fronts Carolina Beach Road, a major arterial roadway where a mixture of uses and higher intensities are envisioned. The proposal is expected to have a minimal impact on the adjacent residential properties and could serve as an appropriate transition between the adjacent residential uses and the commercial uses along the heavily traveled roadway. 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 for the types of uses recommended in the Community Mixed Use place type. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal allows service -oriented uses that could serve as an appropriate transition between the residential uses and the commercial uses along the heavily traveled roadway, the proposed use types allow for services that are relatively low traffic generators, with the following conditions: Proposed Conditions: 1. Permitted uses of the site are limited to Business Services, Business & Professional Offices, Instructional Services & Studios, and Personal Services. 2. The existing access drive to Carolina Beach Road will be upgraded to a commercial driveway with permitting by NCDOT. 3. Streetyard landscaping will be installed along Carolina Beach Road to meet current landscape requirements. Board of Commissioners - April 3, 2023 ITEM: 9 4. Any free-standing sign(s) on the site shall be monument style with landscaping around the base of the sign. No pole signs shall be permitted. 5. Exterior lighting, including luminaries and security lights, shall be arranged or shielded so as not to cast illumination in an upward direction above an imaginary line extended from the light sources parallel to the ground. Fixtures shall be numbered such that adequate levels of lighting are maintained, but that light spillage and glares are not directed to adjacent property(ies), neighboring areas or motorists. Light posts shall be no taller than twelve (12) feet. Alternative Motion for Denial (If based on information presented at the public hearing or other consideration beyond staff review, the board finds denial appropriate.) 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 type of uses recommended in the Community Mixed Use place type, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not similar in use and intensity to other nearby uses and would not serve as a benefit as it does not provide an appropriate transition between adjacent land uses. ATTACHMENTS: Z23-07 Script - BOC Z23-07 Staff Report - BOC Z23-07 Zoning Map Z23-07 Future Land Use Map Z23-07 Mailout Map Initial Application Corer Sheet Application Package PB Concept Plan Coker Sheet 6505 Carolina Beach Road Concept Plan Public Comments Coker Sheet Public Comments Opposition COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Approve with conditions as presented by staff. COMMISSIONERS' ACTIONS: Board approved 4-0. (a request to continue agenda item: Z23-07 -6505 Carolina Beach Road at the May, 1 2023 board meeting). Board of Commissioners - April 3, 2023 ITEM: 9 BOARD OF COMMISSIONERS SCRIPT for Zoning Map Amendment Application (Z23-07) Request by Cindee Wolf with Design Solutions, applicant, on behalf of Ernest Faison II, property owner, to rezone approximately 0.96 acres of land located at 6505 Carolina Beach Road from R-15, Residential to (CZD) B-2, Regional Business to convert an existing single-family home for a contractor's office with an accessory structure and outside storage and other limited commercial uses. 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 for the types of uses recommended in the Community Mixed Use place type. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal allows service -oriented uses that could serve as an appropriate transition between the residential uses and the commercial uses along the heavily traveled roadway, the proposed use types allow for services that are relatively low traffic generators, with the following conditions: Proposed Conditions: 1. Permitted uses of the site are limited to Business Services, Business & Professional Offices, Instructional Services & Studios, and Personal Services. 2. The existing access drive to Carolina Beach Road will be upgraded to a commercial driveway with permitting by NCDOT. 3. Streetyard landscaping will be installed along Carolina Beach Road to meet current landscape requirements. Board of Commissioners - April 3, 2023 ITEM: 9 - 1 - 1 4. Any free-standing sign(s) on the site shall be monument style with landscaping around the base of the sign. No pole signs shall be permitted. 5. Exterior lighting, including luminaries and security lights, shall be arranged or shielded so as not to cast illumination in an upward direction above an imaginary line extended from the light sources parallel to the ground. Fixtures shall be numbered such that adequate levels of lighting are maintained, but that light spillage and glares are not directed to adjacent property(ies), neighboring areas or motorists. Light posts shall be no taller than twelve (1 2) feet. 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 type of uses recommended in the Community Mixed Use place type, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not similar in use and intensity to other nearby uses and would not serve as a benefit as it does not provide an appropriate transition between adjacent land uses. Alternative Motion for Approval/Denial: I move to [Approve/Deny] the proposed rezoning to a conditional B-2 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] STAFF REPORT FOR Z23-07 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z23-07 Request: Rezoning to a Conditional B-2, Regional Business District Applicant: Property Owner(s): Cindee Wolf with Design Solutions Ernest F. Faison, II Location: Acreage: 6505 Carolina Beach Road 0.96 PID(s): Comp Plan Place Type: R08200-002-001-000 Community Mixed Use Existing Land Use: Proposed Land Use: Contractor's Office, Business Services, Vacant Single -Family Dwelling Business & Professional Offices, Instructional Services & Studios, and Personal Services Current Zoning: Proposed Zoning: R-15, Residential District (CZD) B-2, Conditional Regional Business District ZONING A o Heathcliff Rd n o North As �• � N Z23-07 � ZONING f1 ¢ B-2 O R 15 =v-HF- ��n over ro.0 i�tq-f�,C SURROUNDING AREA LAND USE ZONING North Commercial B-2 East Undeveloped R-15 South Single -Family Dwelling R-15 West Carolina Beach Road Right -of -Way & Commercial B-2 Z23-07 Staff Report BOC 4.3.2023 Page 1 of 13 Board of Commissioners - April 3, 2023 ITEM: 9 - 2 - 1 ZONING HISTORY April 7, 1971 Initially zoned R-15 (Area 4) COMMUNITY SERVICES Water/Sewer water and sewer services are unavailable through CFPUA. Individual well and septic permits would need approval by NHC Environmental Health. Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire District, New Hanover County Federal Point Station Schools Anderson Elementary, Murray 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 Z23-07 Staff Report BOC 4.3.2023 Page 2 of 13 Board of Commissioners - April 3, 2023 ITEM: 9 - 2 - 2 APPLICANT'S PROPOSED CONCEPTUAL PLAN (CZD) B-2 Zoning Commercial Cxainger L-3 Tru t Hcathdiff �'az o.s. Ic�iss Stones by^3-ax caw earth, Inc- �„•,�� v.e. csd� lnz3 ��,q:�s SL New 40' x T60'Garage Stormwater Basin Q I \ �5 V(7a1m N D # a '1iT— �1 zo9- Ag 4- 4 N n<a mm...onP, 9d�•5936w b�9Y —•• --.S U- -- I20.^ R-15 Zoni=SFD Fence & Bufferyard „p -clsdn3i wnm Includes Staff Markups • The applicant is proposing to rezone approximately 0.96 acres of land located at 6505 Carolina Beach Road from R-15, Residential to (CZD) B-2, Regional Business to convert an existing single-family home for a contractor's office and other limited commercial uses with a new accessory structure and outside storage areas. • The applicant seeks to limit the permissible uses to business services, offices for private business and professional activities, instructional services and studios, and personal services. • The existing driveway is proposed to be upgraded through the NCDOT permitting process and to their standards to provide access to Carolina Beach Road. • Streetyard landscaping is proposed to be installed along Carolina Beach Road to meet current UDC) landscape requirements for commercial projects. • The UDC) contains controls on exterior lighting on the site. The maximum illumination levels at the common property line with the residential properties shall not exceed 0.5-foot candles and 1.0-foot candles adjacent to the commercial uses. The height of exterior light fixtures shall not exceed 25 feet and all exterior luminaries shall be full cut-off fixtures that are directed downward. In no case shall lighting be directed at or above a horizontal plane through the lighting fixture. The applicant's proposed lighting condition, limiting posts to no taller than 1 2', is more restrictive than the UDO's lighting standards which limit post height to 25'. • Any free-standing sign(s) on the site are conditioned to be monument -style with landscaping around the base of the sign. Z23-07 Staff Report BOC 4.3.2023 Page 3 of 13 Board of Commissioners - April 3, 2023 ITEM: 9 - 2 - 3 ZONING CONSIDERATIONS • The R-15 district in this area was established in 1971. At the time, the purpose of the R-15 district was to ensure that housing served by private septic and wells would be developed at low densities. • Since its original zoning designation, this portion of the county has experienced a transition with mixed zoning districts of higher intensities from Halyburton Parkway to the Monkey Junction area to the north. • There has been a trend of parcels transitioning from residential uses into commercial districts along major roadways, including Carolina Beach Road. • The B-2 district was established to provide for the proper site layout and development of larger format or larger structure size business uses, including big box stores and automobile dealers. It is also designed to provide for the appropriate location and design of auto - oriented uses that meet the needs of the motoring public or that rely on pass -by traffic. • The B-2 district requires a 25-foot side interior setback and a 30-foot rear setback when adjacent to residential properties. • The B-2 district requires a Type A opaque buffer to be placed between the commercial development and adjacent single-family uses. The buffer may be constructed of vegetation, or a combination of fencing or berms with landscaping. • The proposed 40' x 60' garage would be considered an accessory structure. Accessory structures are limited to uses considered as ancillary and subordinate to the principal use of the site. Accessory structures greater than 600 square feet are subject to the underlying zoning district setbacks. • 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. Z23-07 Staff Report BOC 4.3.2023 Page 4 of 13 Board of Commissioners - April 3, 2023 ITEM: 9 - 2 - 4 AREA DEVELOPMENT ACTIVITY Z23-07 Staff Report BOC 4.3.2023 Page 5 of 13 Board of Commissioners - April 3, 2023 ITEM: 9 - 2 - 5 TRANSPORTATION Site Access N m a Welbarn•Road m Heathcliff-Road n w O_ w rn w n � � V V Primary Access: M Carolina Beach Rd I CURRENT CONDITIONS Intensity of Current Zoning Typical development under current zoning would allow a maximum of 2 single-family dwelling units. PROPOSED ACCESS Primary Access Carolina Beach Road via a right -in, right -out driveway. Secondary Access N/A Z23-07 Staff Report BOC 4.3.2023 Page 6 of 13 Board of Commissioners - April 3, 2023 ITEM: 9 - 2 - 6 EXISTING ROADWAY CHARACTERISTICS Affected Roadway Carolina Beach Road Type of Roadway NCDOT major arterial Roadway Planning Capacity 41,369 (AADT) Latest Traffic Volume (AADT) 43,500 Latest WMPO Point -in -Time Not available near subject parcel County (DT) Current Level of Congestion Over Capacity Sources Source of Planning Capacity: WMPO Source of Latest Traffic Volumes: NCDOT (2021 ) TRAFFIC GENERATION Traffic Generated by Traffic Generated Potential Impact Present by Proposed of Proposed Designation Designation Designation AM Peak Hour Trips 1 3 +2 PM Peak Hour Trips 2 4 +2 Typical Development with Existing Zoning — 2 single family Assumptions detached dwellings Proposed Development— 1,720 sf business services office Sources TRAFFIC IMPACT ANALYSIS (TIA) 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). SUMMARY The proposed project is located along a major arterial highway that is currently over capacity; however, the proposal is expected to generate only a slight increase in the number of estimated trips. The prosed project's peak hour traffic is below the 100 peak hour threshold requiring a traffic impact analysis, but NCDOT will review the project through the driveway permitting process. Z23-07 Staff Report BOC 4.3.2023 Page 7 of 13 Board of Commissioners - April 3, 2023 ITEM: 9 - 2 - 7 ENVIRONMENTAL • The parcel is not located within a Special Flood Hazard Area. • The entire site is within the ICW 6 watershed, which drains directly into the Intracoastal Waterway. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class I (suitable/slight limitation). • Water and services from CFPUA are only available through mainline extensions. Well and septic services are possible with permitting through the New Hanover County Public Health Department. OTHER CONSIDERATIONS Existing Conditions Z23-07 Staff Report BOC 4.3.2023 Page 8 of 13 Board of Commissioners - April 3, 2023 ITEM: 9 - 2 - 8 Representative Developments Examples of Residential Structures converted into Businesses: Converted residential structure along Oleander Drive Converted residential structure along Wrightsville Avenue Z23-07 Staff Report BOC 4.3.2023 Page 9 of 13 Board of Commissioners - April 3, 2023 ITEM: 9 - 2 - 9 Context and Compatibility • The subject property is located at 6505 Carolina Beach Road with right -in, right -out access onto Carolina Beach Road. • B-2 zoning with commercial uses exist on two parcels that abut the subject site to the north. • The development could serve as a transition between Carolina Beach Road to the west and commercial uses to the north from the residentially developed parcels to the east. • The proposal is located south of the intersection of Golden Road and Carolina Beach Road, a commercial intersection which includes community level service uses. • The subject site fronts a major roadway corridor where single-family residential uses are less likely to be seen. Also, there is an anticipated gradual conversion of residential properties into commercial and mixed -use projects along the heavily traveled corridor. • In addition to the setback and buffer requirements of the UDO, the applicant has agreed to additional exterior lighting conditions to reduce the potential impact on neighboring residential uses. 2016 COMPREHENSIVE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County's future land use, as designated by place types describing the character and function of the different types of development that make up the community. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. LAND USE I I I IA Heathcliff Rd o_ CIO zz3-a� m W — GENERAL RESIDENTIAL _ COMMUNITYMIXEDUSE Ha.l�av�I Future Land Use Community Mixed Use Map Place Type Z23-07 Staff Report BOC 4.3.2023 Page 10 of 13 Board of Commissioners - April 3, 2023 ITEM: 9 - 2 - 10 Place Type Description Focuses on small-scale, compact, mixed use development patterns that serve all modes of travel and act as an attractor for county residents and visitors. Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi -family and single-family residential. The subject property is located along a major roadway corridor, Carolina Beach Road, and is surrounded by commercial uses to the north and residential to the east and south. Within the general vicinity exists commercial uses, both north and south of the subject site, on parcels fronting Carolina Beach Road. The Comprehensive Plan classifies the property as Community Mixed Use, which allows for low to moderate intensity retail and services that can support nearby neighborhoods. The Community Mixed Use place type designation encourages a mix of uses, including single- and multi -family residential, commercial, civic, mixed -use, and recreational uses. Typical zoning associated with this place type includes moderate density residential, Analysis commercial, office and institutional, and mixed -use. The site is located south of the intersection of Golden Road and Carolina Beach Road, a commercial intersection which includes community level service uses. The uses immediately surrounding the site include commercial uses to the north and residential properties to the east and south. The place type is consistent with the anticipated gradual conversion of residential properties into commercial and mixed -use projects along the heavily traveled corridor. The proposed (CZD) B-2 rezoning is more consistent with the uses and intensity recommended in the Comprehensive Plan than the development allowed within the existing R-15 zoning district. The proposed (CZD) B-2 rezoning for Business Services, Business & Consistency Professional Offices, Instructional Services & Studios, and Personal Services Recommendation is generally CONSISTENT with the types of uses encouraged in the Community Mixed Use place type. Z23-07 Staff Report BOC 4.3.2023 Page 11 of 13 Board of Commissioners - April 3, 2023 ITEM: 9 - 2 - 11 PLANNING BOARD MEETING The Planning Board considered this application at their March 2, 2023 meeting. No one spoke in support of or in opposition to the request. The Planning Board unanimously recommended approval of the petition (7-0), with the following conditions: Proposed Conditions: 1. Permitted uses of the site are limited to Business Services, Business & Professional Offices, Instructional Services & Studios, and Personal Services. 2. The existing access drive to Carolina Beach Road will be upgraded to a commercial driveway with permitting by NCDOT. 3. Streetyard landscaping will be installed along Carolina Beach Road to meet current landscape requirements. 4. Any free-standing sign(s) on the site shall be monument style with landscaping around the base of the sign. No pole signs shall be permitted. 5. Exterior lighting, including luminaries and security lights, shall be arranged or shielded so as not to cast illumination in an upward direction above an imaginary line extended from the light sources parallel to the ground. Fixtures shall be numbered such that adequate levels of lighting are maintained, but that light spillage and glares are not directed to adjacent property(ies), neighboring areas or motorists. Light posts shall be no taller than twelve (1 2) feet. 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. Z23-07 Staff Report BOC 4.3.2023 Page 12 of 13 Board of Commissioners - April 3, 2023 ITEM: 9 - 2 - 12 STAFF RECOMMENDATION Staff's recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning considerations, and technical review. The subject site fronts Carolina Beach Road, a major arterial roadway where a mixture of uses and higher intensities are envisioned. The proposal is expected to have a minimal impact on the adjacent residential properties and could serve as an appropriate transition between the adjacent residential uses and the commercial uses along the heavily traveled roadway. 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 for the types of uses recommended in the Community Mixed Use place type. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal allows service -oriented uses that could serve as an appropriate transition between the residential uses and the commercial uses along the heavily traveled roadway, the proposed use types allow for services that are relatively low traffic generators, with the following conditions: Proposed Conditions: 1. Permitted uses of the site are limited to Business Services, Business & Professional Offices, Instructional Services & Studios, and Personal Services. 2. The existing access drive to Carolina Beach Road will be upgraded to a commercial driveway with permitting by NCDOT. 3. Streetyard landscaping will be installed along Carolina Beach Road to meet current landscape requirements. 4. Any free-standing sign(s) on the site shall be monument style with landscaping around the base of the sign. No pole signs shall be permitted. 5. Exterior lighting, including luminaries and security lights, shall be arranged or shielded so as not to cast illumination in an upward direction above an imaginary line extended from the light sources parallel to the ground. Fixtures shall be numbered such that adequate levels of lighting are maintained, but that light spillage and glares are not directed to adjacent property(ies), neighboring areas or motorists. Light posts shall be no taller than twelve (12) feet. Alternative Motion for Denial (If based on information presented at the public hearing or other consideration beyond the scope of staff review, the Board finds denial appropriate.) 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 type of uses recommended in the Community Mixed Use place type, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not similar in use and intensity to other nearby uses and would not serve as a benefit as it does not provide an appropriate transition between adjacent land uses. Z23-07 Staff Report BOC 4.3.2023 Page 13 of 13 Board of Commissioners - April 3, 2023 ITEM: 9 - 2 - 13 Case: Site Address: Existing Zoning/Use: Proposed Zoning/Use: Z23-07 6505 Carolina Beach Road R-15 CZD B-2 Z23-07 _ ZONING 0 B-2 0 R-15 F-E Z23-07 4.._ .1 , 1' 17--- , "Board of Commi sio ers Ap ill 3, 2023 IT M: -3-1 rmco• Site Address: Z23-07 6505 Carolina Beach Road Future Land Use GENERAL RESIDENTIAL COMMUNITY MIXED USE Z23-07 Existing Zoning/Use: R-15 Board of Commi$sio ers r Apjil 3, 2023 IT M: - 4 - 1 I Z23-07 Proposed Zoning/Use: N CZD B-2 Ak I [ [ I[] [ I -P 0 125 250 US Feet I i I i I Case: Site Address: Existing Zoning/Use: Z23-07 6505 Carolina Beach Road R-15 6430 6458 ►Q •6409 •6413 6417 C.l .s 6508 0 •6421 • W 6512 n •6425 • S Q • 6429 651i • \ 6516 •I J� 6518 6524 6522 • • Proposed Zoning/Use: CZD B-2 1115 '1,120 11,18 641 3 100991111 1116 0 •1003 • �1007 • • 6411 1005 1114 • �Welborn-Rd • 6485 0 93 097 0 101 •109 117 0 • •105 •113 Heathr-ffiRr 100 00 100 •106 •110 114 •118 • • 100 •102 • 6501 O 6511 76505 Z23.07 • • 6509 • •6521 6545 • r897 895" F-j887 �8" 885_ 875 1 •893 •883 •873 • 6517 892 894 \ • 896 6535 • •6539 •6537 6543 N Ak 701 ❑ Neighboring Parcels (500 feet) - April 3, 2023 i 0 125 250 US Feet I i I i I J Initial Application Documents & Materials Board of Commissioners - April 3, 2023 ITEM: 9 - 6 - 1 T i = 1T MAP •+,: amkt MYRTLE LANDING tip NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 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 Ernest F. Faison, II Company Company/Owner Name 2 Design Solutions Address Address P.O. Box 7221 6505 Carolina Beach Road City, State, Zip City, State, Zip Wilmington, NC 28406 Wilmington, NC 28412 Phone Phone 910-620-2374 910-232-0303 (Contact: Mike Pederson) Email Email (Contract Purchaser) cwolf@lobodemar.biz pokermike59@gmail.com Board of Commissioners - April 3, 2023 Page 1 of 6 ITEM: 9 - 7-C2onditional Zoning District Application — Updated 02-2022 2. Subject Property Information Address/Location Parcel Identification Number(s) 6505 Carolina Beach Road 313206.39.4885 / R08200-02-001-000 Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification 0.96 aC.+/- R-15 / Residential Community Mixed -Use 3. Proposed Zoning, Use(s), & Narrative Proposed Conditional Zoning District: CZD / B-2 I Total Acreage of Proposed District: 0.96 ac.+/- Please list the uses that will be allowed within the proposed Conditional Zoning District, the purpose of the district, and a project narrative (attach additional pages if necessary). Note: Only uses permitted in the corresponding General Use District are eligible for consideration within a Conditional Zoning District. 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. Board of Commissioners - April 3, 2023 Page 2 of 6 ITEM: 9 - 7-C3onditional Zoning District Application — Updated 02-2022 5. Traffic Impact Please provide the estimated number of trips generated for the proposed use(s) based off the most recent version of the Institute of Traffic Engineers (ITE) Trip Generation Manual. A Traffic Impact Analysis (TIA) must be completed for all proposed developments that generate more than 100 peak hour trips, and the TIA must be included with this application. ITE Land Use: Trip Generation Use and Variable (gross floor area, dwelling units, etc.) GFA = 1800 S.f. AM Peak Hour Trips: 3 I PM Peak Hour Trips: 3 6. Conditional Zoning District Considerations The Conditional Zoning District procedure is established to address situations where a particular land use would be consistent with the New Hanover County 2016 Comprehensive Plan and the objectives outlined in the Unified Development Ordinance and where only a specific use or uses is proposed. The procedure is intended primarily for use with transitions between zoning districts of dissimilar character where a particular use or uses, with restrictive conditions to safeguard adjacent land uses, can create a more orderly transition benefiting all affected parties and the community at -large. The applicant must explain, with reference to attached plans (where applicable), how the proposed Conditional Zoning district meets the following criteria. 1. How would the requested change be consistent with the County's policies for growth and development, as described in the 2016 Comprehensive Plan, applicable small area plans, etc. Board of Commissioners - April 3, 2023 Page 3 of 6 ITEM: 9 - 7-6onditional Zoning District Application — Updated 02-2022 2. How would the requested Conditional Zoning district be consistent with the property's classification on the 2016 Comprehensive Plan's Future Land Use Map. 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? Board of Commissioners - April 3, 2023 Page 4 of 6 ITEM: 9 - 7 -conditional Zoning District Application — Updated 02-2022 Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under "Applicant Initial". If an item is not applicable, mark as "N/A". Applications determined to be incomplete must be corrected in order to be processed for further review; Staff will confirm if an application is complete within five business days of submittal. Application Checklist ® This application form, completed and signed Application fee: Applicant Initial CAW • $600 for 5 acres or less • $700 for more than 5 acres • $300 in addition to base fee for applications requiring TRC review CAW ® Community meeting written summary CAW ❑ Traffic impact analysis (if applicable) • The official TIA approval letter is recommended prior to this item being placed on the Planning Board meeting agenda. The Planning Board may choose to continue the hearing until the official TIA approval letter is provided. • The official TIA approval letter is required prior to this item being placed on the Board of Commissioners meeting agenda. NSA ® 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 - April 3, 2023 Page 5 of 6 ITEM: 9 - 7 -conditional Zoning District Application — Updated 02-2022 DocuSign Emrelope 0: 13750BBAB-7DCt.48DC-BDA-BC07928ADBBD 7. Acknowledgement and Signaturas By my signature below, I understand and accept all of the conditions, ilmitotions, 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 #hat 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 appllcont/agent is hereby authorized on my behalf foe I . Submit an application including all required supplemental information and materials; 2. Appear at public hearings to give representation and comments; 3. Ad an my behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of this applicatlon; and 4. Ali consent to any and all conditions of approval. X « Ernest F. Faison, II Signature of Property Owner(s) Print Name($) Q!k C s� Cynthia Wolf - Design Solutions SignatuA of Applicant/Agent Print Name Note: This form must be signed by the owner(s) of record. If there ore 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 ad on the request at the scheduled meeting and are under no obligation to grant the confirwance. if the continuance is granted, a fee in accordance with the adopted fee schedule os published on the New Hanover County Planning websife will be required. Page 6 of 6 Conditional Zoning District Application — Updated 02-2022 Board of Commissioners - April 3, 2023 ITEM: 9 - 7 - 7 HALYBURTON MFPA()PInl bwv r'42 HEATHCLIFF RD Legal Description for Conditional District Rezoning of 6505 Carolina Beach Road Beginning at a point in the eastern boundary of Carolina Beach Road (U.S. Hwy. 421), a 160' public right-of-way; said point being located along that right-of-way 135.48 feet from its intersection with the southern boundary of Heathcliff Road (S.R. 1701), a 60' public right-of- way; and running thence: North 86046'21" East, 409.37 feet to a point; thence South 01034'51" East, 91.36 feet to a point; thence South 87059'36" West, 87.97 feet to a point; thence South 01037'36" East, 12.06 feet to a point; thence South 86045'34" West, 321.30 feet to a point in the eastern boundary of Carolina Beach Road; thence with that right-of-way, North 01034'00" West, 105.22 feet to the point and place of beginning; containing 0.96 acres, more or less. Board of Commissioners - April 3, 2023 ITEM: 9 - 7 - 9 REPORT OF COMMUNITY MEETING REQUIRED BY NEW HANOVER COUNTY ZONING ORIDINANCE FOR CONDITIONAL DISTRICT REZONINGS Project Name: Rural Plumbing / 6505 Carolina Beach Road Proposed Zoning: R-15 to (CZD) B-2 The undersigned hereby certifies that written notice of a community meeting on the above zoning application was given to the adjacent property owners set forth on the attached list by first class mail, and provided to the Planning Department for notice of the Sunshine List on January 12, 2023. A copy of that written notice and site layout are also attached. The meeting was held at the following time and place: Thursday, January 26t" 6:00 p.m.; at the project location, 6505 Carolina Beach Road The persons in attendance at the meeting were: Reference attached sign -in list The following issues were discussed at the meeting: No one attended, but there were two phone contacts: 6508 - Mr. Wilmore was the owner across the highway. He must called to say that he had no issue with the proposal, and would be willing to help in any way. 6509 — The gentlemen identified himself as the owner of the adjacent house to the South, but can't verify that he was actually "Leslie Wilkinson." He said that he lived out-of-town, but rented it out to a tenant. I explained the requirements for buffering the use. He seemed more interested in how the rezoning might affect future status of his tract — as in a similar proposal for rezone. He mentioned he would be in town the following weekend, and I told him not to hesitate to call again with any future questions, and that I'd be happy to meet with him. However, I never heard anything else from him. As a result of the meeting, the following changes were made to the petition Date: January 31, 2023 Applicant: Design Solutions By: Cindee Wolf None Board ot Uommissioners - April ITEM: 9 - 7 - 10 Community Information Meeting Rural Plumbing of Wilmington Date: January 26, 2023 Name Address Email (Optional) Mike Pederson Rural Plumbing pokermike59@Pmail.com Cindee Wolf Project Planner cwolf@lobodemar.biz Board of Commissioners - April 3, 2023 ITEM: 9 - 7 - 11 C) 00 N LO U X Z Ld IW N U M W-4 I kn KI H. U) n 0 V1 IP tr" O 00 rl LU z 0 0 V) � z 0 u Board of Commissioners - April 3, 2023 ITEM: 9 -7-12 1177 1122 6410All `} ■ 6412 6408 6404 f{ • 1 WOO 'riO3 I I-- � 1115 t ;� 12 ■ i ! ' w r=I n 77 {` -ter ms : 403 �f m nn n ❑ ❑ "i711 . r' �6413 43 �005 1007 10i0J ■ _ 1116 �- ■ 640? �j5 ■ ■ ■ ■ __ "__ ■ ❑ ■ 1 WELBORN RD = __ ❑ f}/ J f 64 � f . I+I - I� II 4B5 448 j ■g3 ■117 121 ■4❑ .7 0101 105 i❑ � 1 ■ ■ yr - - I _ �CTl ■ - HEATH CLIFF RD ■ 3 I II 10,p F 100 1p0 02 106 10 114 118 122 - ❑ ' ❑ II III 64M 101111 b ❑ ❑ ❑ 641------' II ■ ' 1 - ❑ 508 III 505 ❑ ❑ 51 421 21' 8867 897 13 p88-r 6425 ❑ ❑ 6574 421 6513 L9531 raw�— 642>9 • ❑ I I65-17r`- `----__ I 6516 -8662 Q�42 8p 74 986578 6 i5 66❑ill 0 �J520 903 ❑ s3 , 6539 ' I I 05 _ 1 6543 n r' 6524 1 5 I I b337 ❑ '` ' 6522 ' Bear r I I mmis ione - , 1 I ITE : 9 7 - 13 I RI PU/ Hn nnvar C'ni innr ADJACENT PROPERTIES WITHIN 500' PERIMETER OF 6505 CAROLINA BEACH ROAD: PROPERTY OWNER MAILING ADDRESS CITY / STATE / ZIP PROPERTY ADDRESS ACHANTA MADHUSUDAN CHERIE 1005 WELBORN RD WILMINGTON, NC 28412 1005 WELBORN RD WILMINGTON BELL MAUREEN 110 HEATHCLIFF RD WILMINGTON, NC 28409 110 HEATHCLIFF RD WILMINGTON BLACKLEDGE LOIS 6520 CAROLINA BEACH RD WILMINGTON, NC 28412 6520 CAROLINA BEACH RD WILMINGTON BLACKLEDGE RANDOLPH HEIRS 2727 LEXINGTON ST W APT 1 CHICAGO, IL 60612 6518 CAROLINA BEACH RD WILMINGTON BRYANT FLORA L 6539 CAROLINA BEACH RD WILMINGTON, NC 28412 6539 CAROLINA BEACH RD WILMINGTON BRYANT FLORA LUCILLE 6539 CAROLINA BEACH RD WILMINGTON, NC 28412 6539 CAROLINA BEACH RD WILMINGTON BRYANT JAMES JR HEIRS 6513 CAROLINA BEACH RD WILMINGTON, NC 28412 6513 CAROLINA BEACH RD WILMINGTON CARTER HETTIE R 1003 WELBORN RD WILMINGTON, NC 28409 1003 WELBORN RD WILMINGTON CHILCOTE ROBERT REBECCA 9401 VOYAGERS WAY WILMINGTON, NC 28412 6521 CAROLINA BEACH RD WILMINGTON COLLINS STEPHEN A LYNN M 113 HEATHCLIFF RD WILMINGTON, NC 28409 113 HEATHCLIFF RD WILMINGTON CONYERS JOE 910 7TH ST WILMINGTON, NC 28401 1007 WELBORN RD WILMINGTON DCJI PROPERTIES LLC 117 MAYPOP LN WILMINGTON, NC 28412 6417 BERRIDGE DR WILMINGTON DELMAR HOLDINGS LLC 725 ARNOLD RD WILMINGTON, NC 28412 6458 CAROLINA BEACH RD WILMINGTON DOBSON SHEILA BROWN 101 HEATHCLIFF RD WILMINGTON, NC 28409 101 HEATHCLIFF RD WILMINGTON FAISON ERNEST F II 6505 CAROLINA BEACH RD WILMINGTON, NC 28412 6505 CAROLINA BEACH RD WILMINGTON FRANCIS CAROLYN P 6413 BERRIDGE DR WILMINGTON, NC 28412 6413 BERRIDGE DR WILMINGTON GLASS PRESTON D 7305 RADER CT CLIMAX, NC 27233 118 HEATHCLIFF RD WILMINGTON GRAINGER LIVING TRUST 102 HEATHCLIFF RD WILMINGTON, NC 28409 102 HEATHCLIFF RD WILMINGTON GRAINGER MARY N TRUSTEE 102 HEATHCLIFF RD WILMINGTON, NC 28409 105 HEATHCLIFF RD WILMINGTON GRIFFIN JOHN R 1116 WELBORN RD WILMINGTON, NC 28409 1116 WELBORN RD WILMINGTON HEATHCLIFF E&G LLC PO BOX 477 KURE BEACH, NC 28449 100 HEATHCLIFF RD WILMINGTON HORNE DOUGLAS ROBERTSON 292 WILLIAMS RD WILMINGTON, NC 28409 114 HEATHCLIFF RD WILMINGTON IDDINGS JOEL M DEBORAH B 109 HEATHCLIFF RD WILMINGTON, NC 28409 109 HEATHCLIFF RD WILMINGTON JONES PAUL A SUSAN P 1009 WELBORN RD WILMINGTON, NC 28409 1009 WELBORN RD WILMINGTON JOYNER ELFRIEDA 880 ROCK ST NW APT F-6 ATLANTA, GA 30314 6517 CAROLINA BEACH RD WILMINGTON KOHAVI YOAV PO BOX 2131 CAROLINA BEACH, NC 28428 97 HEATHCLIFF RD WILMINGTON KRISANDA ROBERTJ JR KARA LEE 6409 BERRIDGE DR WILMINGTON, NC 28412 6409 BERRIDGE DR WILMINGTON LAUREL RIDGE POA OF WILM INC 6412 STEARMAN CT WILMINGTON, NC 28409 LEBLANC DANIELLE 1118 WELBORN RD WILMINGTON, NC 28409 1118 WELBORN RD WILMINGTON MCCLAMMY MARIO A ETAL 1304 HEARTHSIDE ST DURHAM, NC 27707 6521 CAROLINA BEACH RD WILMINGTON MHC 2 LLC 807 ATLANTA AVE CAROLINA BEACH, NC 28428 1111 WELBORN RD WILMINGTON MHC III LLC 807 ATLANTA AVE CAROLINA BEACH, NC 28428 1115 CRAWFORD CT WILMINGTON MT MASONRY & SUPPLY CO INC 5610 SHOEMAKER LN WILMINGTON, NC 28409 6512 CAROLINA BEACH RD WILMINGTON MT MASONRY & SUPPLY CO INC 5610 SHOEMAKER LN WILMINGTON, NC 28409 6512 CAROLINA BEACH RD WILMINGTON OLEJNICZAKJAYE 106 HEATHCLIFF RD WILMINGTON, NC 28409 106 HEATHCLIFF RD WILMINGTON POTTER FAMILY LLC 38185 ROY CREEK LANE SELBYVILLE, DE 19975 1114 WELBORN RD WILMINGTON ROBBINS ROBERT D 359 OATGRASS DR GRAYSON, GA 30017 6524 CAROLINA BEACH RD WILMINGTON SCOTT WILMORE S JR SANDRA W 7036 WHITE BRIDGE LN LELAND, NC 28451 6508 CAROLINA BEACH RD WILMINGTON SMITH PAULJOHNSON 609 SPARTANBURG AVE CAROLINA BEACH, NC 28428 6535 CAROLINA BEACH RD WILMINGTON SPIVEY MILDRED 1 7200 MYRTLE GROVE RD WILMINGTON, NC 28409 6513 CAROLINA BEACH RD WILMINGTON SPYGLASS WILMINGTON SUB LLC 48 EVERETT RD DEMAREST, NJ 07627 882 MYRTLE LANDING PL WILMINGTON SPYGLASS WILMINGTON SUB LLC 48 EVERETT RD DEMAREST, NJ 07627 894 MYRTLE LANDING PL WILMINGTON SPYGLASS WILMINGTON SUB LLC 48 EVERETT RD DEMAREST, NJ 07627 886 MYRTLE LANDING PL WILMINGTON SPYGLASS WILMINGTON SUB LLC 48 EVERETT RD DEMAREST, NJ 07627 892 MYRTLE LANDING PL WILMINGTON SPYGLASS WILMINGTON SUB LLC 48 EVERETT RD DEMAREST, NJ 07627 896 MYRTLE LANDING PL WILMINGTON SPYGLASS WILMINGTON SUB LLC 48 EVERETT RD DEMAREST, NJ 07627 884 MYRTLE LANDING PL WILMINGTON SPYGLASS WILMINGTON SUB LLC 48 EVERETT RD DEMAREST, NJ 07627 887 MYRTLE LANDING PL WILMINGTON SPYGLASS WILMINGTON SUB LLC 48 EVERETT RD DEMAREST, NJ 07627 877 MYRTLE LANDING PL WILMINGTON SPYGLASS WILMINGTON SUB LLC 48 EVERETT RD DEMAREST, NJ 07627 895 MYRTLE LANDING PL WILMINGTON SPYGLASS WILMINGTON SUB LLC 48 EVERETT RD DEMAREST, NJ 07627 893 MYRTLE LANDING PL WILMINGTON SPYGLASS WILMINGTON SUB LLC 48 EVERETT RD DEMAREST, NJ 07627 875 MYRTLE LANDING PL WILMINGTON SPYGLASS WILMINGTON SUB LLC 48 EVERETT RD DEMAREST, NJ 07627 885 MYRTLE LANDING PL WILMINGTON SPYGLASS WILMINGTON SUB LLC 48 EVERETT RD DEMAREST, NJ 07627 883 MYRTLE LANDING PL WILMINGTON SPYGLASS WILMINGTON SUB LLC 48 EVERETT RD DEMAREST, NJ 07627 873 MYRTLE LANDING PL WILMINGTON STONES BY EARTH INC 6501 CAROLINA BEACH RD WILMINGTON, NC 28412 6501 CAROLINA BEACH RD WILMINGTON TATE LILLIAN B HEIRS 6516 CAROLINA BEACH RD WILMINGTON, NC 28412 6516 CAROLINA BEACH RD WILMINGTON WADE CAROLYN LOUISE 6514 CAROLINA BEACH RD WILMINGTON, NC 28412 6514 CAROLINA BEACH RD WILMINGTON WILKINSON LESLIE 6509 CAROLINA BEACH RD WILMINGTON, NC 28412 6509 CAROLINA BEACH RD WILMINGTON WILKINSON LESLIE ARYES 8621 MORGAN RUN CT CHARLOTTE, NC 28216 6509 CAROLINA BEACH RD WILMINGTON YOUNG MARY SUSAN 713 CATHAY RD WILMINGTON, NC 28412 6485 CAROLINA BEACH RD WILMINGTON Board of Commissioners - April 3, 2023 ITEM: 9 - 7 - 14 • Design So�utiov�s January 12, 2023 To: Adjacent Property Owners From: Cindee Wolf Re: 6505 Carolina Beach Road Rural Plumbing & Heating My Client owns a plumbing company, and is interested in using the existing structure at this address for his office. Your property is located within the proximity of the proposed project. This proposal would require a Conditional Zoning District approval from New Hanover County. A Conditional Zoning District allows particular uses to be established only in accordance with specific standards and conditions pertaining to each individual development project. Essentially, this means that only a specific set of uses, in this case the existing structure and proposed property improvements of an approved proposal can be developed. A sketch plan of the proposed layout and improvements is attached. 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 Thursday, January 261", 6:00 p.m., at the house on site — 6505 Carolina beach Road. If you cannot attend, you are also welcome to contact me at telephone # 910-620-2374, or email cwolf@lobodemar.biz with comments and/or questions. We appreciate your interest in the project, and look forward to being a good neighbor and an asset to the community. Board of Commissioners - April 3, 2023 ITEM: 9 - 7 - 15 Heathcliff Road i Stones By Eart Y Y 1 LNew Gravel 4 Q — ■ Lay -down Yard yh l Y, ShedAII CL I _ 10 r. w Al '�'► t— Z _ i '. �if A•i Adm j 7r� :� • r � .J 1 •x w � 1 Concept Plan Board of Commissioners - April 3, 2023 ITEM: 9 - 8 - 1 V+ I I I � I `3 I S70 I O � I I Z o IDriveway o Z Permi byt - I I NCDOT p ol Asp\ IL\ IPavement x70' Sight II Angle I H eathcl iff Road (5-R. 170 1) (Go' Public R/W) n/f Stones by Zoning: 5-2 Land Use: Earth, Inc. Commercial D.B. G070-1 143 32 Ramp Ex. I -Story 1720 s.f. N 8G°4G'2 I " If -3�� �l 0 Ex. Shed ;d / 305V Ell g. 5et7k �j "Z i n/f heathcllff Zoning: 5-2 I E*G, LLC Land Use: Commercial D.B. G557- 1 423 Gate 8' high Chamlink Security Fence New 40' x GO' Garage 5tnrage 20' Planted Bufferyard 8' High Solid 1 5Fenced Buffer Screening Fence — — 5 8G°45'34" W / 32 1 .30' r— s--�------- I I I I Ex. House I I I I I I I I I r" L Le5lle Zoning: R- 15 Land Use: Wllkln5on Residential D.B. G I G8-83 I C A P.O. f3ox 72.21 �``�� • " DS•• ••. �'� WilmiKgtoK, NC 28406 = Tel. 910-620-2374 _ \ � n i �\L.• r/�j f r 1 A ...... �F 4. A .` Board of Commissioners - April 3, 2023 ITEM: 9 - 9 - 1 Tree Pre5ervatlon Notes: 1. Tree Preservation / Removal Permit is required prior to clearing 4 land disturbance. 2. Prior to any clearing, grading or construction activity, tree 51te Inventory NOte5: protection fencing will be mstalled around protected trees or groves of trees and no construction workers, tools, materials, or vehicles are permitted within the tree protection fencing. 1. Sods: Kr (Kureb sand) 4 Rm (Rimini sand) 2. This property is not impacted by any AEC. 3. Protective fencing is to be maintained throughout the duration of the project. Land clearing and construction contractors 5tormwater Manage shall receive adequate instruction on tree protection 3. There is no evidence of Conservation Overlay requirements and methods. 1. 5tormwater management will resources. requirements. Total limits 4. Label protective fencing with signs to be placed every 50 less than one ( I ) acre. 4. This site is not impacted by any recognized linear feet, or at least two (2) per area, in both English historic or archeological significance. 4 Spanish 'Tree Protection Area: Do Not Enter." 5. No cemeteries were evidenced on the site. G. Existing vegetation in the proposed disturbance areas are generally comprised of regulated hardwoods 4 Loblolly Pine. Tree protection details 4 mitigation regmts. will be completed during detailed design 4 permitting. 7. There is no evidence ofjur15dictional wetlands. 8. There is no evidence of endangered species or habitat issues on the site. 9. This tract is not impacted by any Special Flood Hazard Area as evidenced on FEMA Map 37203 1 3200K, dated August 28, 2018. 10. The site runoff will flow into the ICW Watershed. Project No.: 23-07 Scale: 1" = 30' Date: 02/02/23 Kevisons n/f Grainger Living Trust D.B. I G03- 1 35 Zoning: R- 15 Land Use: Residential — n/f 4�- Le511e Ayres Ex�ta n / O ' Wllkin5on \ To be Undistai N I v rn for buffermg 0 �5 D.B. 2803-G52 Zoning: R- 15 I / Jga Land Use: Vacant i � 20' Planted Bufferyard F-7 87°59'36" W 87.97' Owner: Ernest F. Fal5on, II G505 Carolina Beach Road Wilmington, NC 2841 2 Developer: Rural Plumbing of Wilmington, L.L.C. A i QA D-1--.L. C,J-..... ..L 5 0 1 °3713G" E 12.00 n/f 5pyGla55 Wilmington Sub, LLC D.B. G 1 32-1 1 G5 Conditional Dlstrlct Concept Plan Zonin(,3: R-1 5 Land Use: Performance Residential (Attached Housmg) A GOLDEN RD z O LACEWOOD �O �O PILOTS RIDGE RD � O FERR F,q� Mgti n � = CT U GN ORAL o a c FAULKL KY D w 0 N PKWY �Iti U � z GT O WELBO Q AM5DEN CT c, o HEATHCLIFF RD N w Q) � Site SEDGt`�'/IGK � w m l W E 5 SAGO BAY DR Vicinity Map (No Scale) 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. Development Data: Tract Area - 4 1,802 s.f.± (0.9G ac.) Proposed Land Use(s) - Contractor Office Business Services Offices for Private * Professional AGtivitle5 Instructional Services * Studios Personal Services Total Building Area - 1 720 5.f.± Max. Building Height - 1-Story / I G' Parking - (@ 2.5 spaces / 1 000 s.f. GFA) Min. Spaces Reci'd. = 4 ** Spaces Prov'd. = 4 — Approximate Surface Coverage - Ex. Rooftop - 1 ,940 s.f.± New Rooftop - 2,400 5.f.± Off -site Driveway - 795 s.f.± New Pavement - 2,9 10 s.f.± New Gravel - G, 150 5.f.± Total - 14,195 s.f.± (34.0%) General Notes: I . New Hanover County Parcel Nos.: 3 1320G.39.4885 [PID R08200-002-001 -00011 2. Tract Area: 41 ,802 s.f.± (0.9G ac.) 3. Current Zoning District: R- 15 Proposed District - (CZD) 15-2 4. Comprehensive Plan Classification: Community Mixed -Use I 5 E Graphic Scale 30 20 10 0 15 30 GO Property Address: G505 Carolina Beach Road Kura �umbin ot Wi min ton Public Comments In Support Neutral In Opposition Board of Commissioners - April 3, 2023 ITEM: 9 - 10 - 1 Griffee, Julian From: noreply@civicplus.com Sent: Wednesday, February 22, 2023 9:05 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #1693 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 Lori Last Name Vincent Address 318 Okeechobee Rd City Wilmingtin State NC Zip Code 28412 Email V8 sallv(a)vahoo.com Projects available for PB Meeting - Z23-07 comment. What is the nature of your Oppose project comment? Public Comment This complex will present to us traffic problems, wear and tear of our roads and potential storm water issues if it is built. 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. i Board of Commissioners - April 3, 2023 ITEM: 9 - 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 - April 3, 2023 ITEM: 9 - 11 - 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:4/3/2023 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 (Z23-01) - Request by David Long with Castle Hayne Development Group, LLC, applicant, on behalf of James Stone with Ashton & Avery, LLC, property owner, to rezone four parcels totaling approximately 11.5 acres of land located at 3400 Castle Hayne Road from R-20, Residential, to CZD B-2, Regional Business for general retail and outdoor display. (See page 1 of the attached staff report for a reference map.) BRIEF SUMMARY: The applicant is proposing to rezone approximately 11.5 acres from R-20, Residential, to the B-2, Regional Business zoning district for a Tractor Supply store. The applicant is proposing to construct a one-story, 21,930 square foot retail building, a 3,744 square foot garden center and a 13,170 square foot fenced outdoor display area. The applicant's proposed conceptual plan outlines a 172.5' utility easement which contains overhead power lines. Per the regulations of that utility easement, development is restricted in the area. The conceptual plan includes a street yard along the southern boundary of the site, adjacent to the utility easement. The R-20 district in this area was established in 1974. At the time, the purpose of the R-20 district was to ensure that housing served by private septic and wells would be developed at low densities. Since that time, some water and sewer services have become available to the surrounding area. While the site is zoned R-20, there are some B-1, Neighborhood Business, B-2, Regional Business and 1-1, Light Industrial zoned parcels nearby to the south. In addition, the site is in close proximity to the Castle Hayne Road and I- 140 interchange. The B-2 district was established to provide for the proper site layout and development of larger format or larger structure size business uses, including big box stores and automobile dealers. It is also designed to provide for the appropriate location and design of auto -oriented uses that meet the needs of the motoring public or that rely on pass - by traffic. As currently zoned, the subject site's total acreage would allow 21 single-family residences under a performance subdivision. Development would be limited to the portion of the site outside the utility easement. Access to the property is proposed via a full access driveway on Castle Hayne Road, an NCDOT minor arterial roadway. No access to the site is proposed from Gladiolus Road. The proposed development is anticipated to generate 0 AM peak hour trips and 55 PM peak hour trips, a 10 trip decrease from the 10 AM peak hour trip estimated under current zoning and a 42 trip increase from the 13 PM peak hour trips estimated under current zoning. While capacity exists on Castle Hayne Road, this road is nearing capacity. Over the next decade, NCDOT plans to widen Castle Hayne Road to serve the growth anticipated in this area. The proposed project's peak hour traffic is Board of Commissioners - April 3, 2023 ITEM: 10 below the 100 peak hour threshold requiring a traffic impact analysis, but NCDOT will review the project through the driveway permitting process. Because this area is envisioned to transition over time into a commercial node, the proposed B-2 district is generally appropriate for this site. The Community Mixed Use place type encourages development patterns that serve all modes of travel and attract county residents and visitors along major road corridors. The site's proximity to I- 140, the GE campus and nearby higher density residential development is conducive to these types of retail development. The Comprehensive Plan designates this site as Community Mixed Use and General Residential. Because of the general nature of place type borders, sites located in 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. The Community Mixed Use place type promotes a mix of retail, office, and residential development at moderate densities. This classification is generally applied to areas intended as community -level service nodes and/or transitions between lower density housing and higher intensity development. Due to its proximity to the 1-140 interchange, this area is likely to transition to a service node in the coming years, making single-family residential development along the Castle Hayne Road corridor less likely. The proposed (CZD) B-2 rezoning for retail use is generally CONSISTENT with the 2016 Comprehensive Plan because it provides for the types of uses encouraged in the Community Mixed Use place type and that serve the surrounding community. These types of uses are compatible with the envisioned commercial node in this area. The Planning Board considered this application at the March 2, 2023 meeting. One member of the public spoke in support of the proposal, citing the need for commercial development in the area and the coming road improvements on Castle Hayne Road. The Planning Board voted to recommend approval of the petition (7-0) with the following conditions offered by the applicant: 1. No development shall occur within the existing utility easement, as shown on the proposed Conditional Rezoning Site Plan. This constitutes an additional, undisturbed buffer of 172.5' wide adjacent to the existing residential uses on Gladiolus Road. The required secondary street yard will make the total separation between the proposed development and Gladiolus Rd 178.75' wide. 2. Site access is restricted to Castle Hayne Road. Vehicular ingress and egress to the site from Gladiolus Road is not permitted. The Board found it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it provides for the types of uses encouraged in the Community Mixed Use place type and is compatible with projected commercial nodes. The Board found RECOMMENDING APPROVAL of the rezoning request was reasonable and in the public interest because it provides for the types of uses that serve the surrounding community, and the site is designed to create a visual transition from adjacent residential areas to the south and east. 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 Board of Commissioners - April 3, 2023 ITEM: 10 RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff's recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning considerations and technical review. Based on the recommended uses for the Community Mixed Use place type and the Comprehensive Plan, along with the compatibility of the proposed zoning district with the area's anticipated transition into a commercial node, staff concurs with the Planning Board's recommendation and suggests the following motion with the proposed conditions: I move to APPROVE the proposed rezoning to a CZD B-2, Conditional Regional Business District. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it provides for the types of uses encouraged in the Community Mixed Use place type and is compatible with projected commercial nodes. I also find APPROVAL of the rezoning request is reasonable and in the public interest because it provides for the types of uses that serve the surrounding community, and the site is designed to create a visual transition from adjacent residential areas to the south and east. Proposed Conditions 1. No development shall occur within the existing utility easement, as shown on the proposed Conditional Rezoning Site Plan. This constitutes an additional, undisturbed buffer of 172.5' wide adjacent to the existing residential uses on Gladiolus Road. The required secondary street yard will make the total separation between the proposed development and Gladiolus Rd 178.75' wide. 2. Site access is restricted to Castle Hayne Road. Vehicular ingress and egress to the site from Gladiolus Road is not permitted. Example Motion for Denial, (If based on information presented at the public hearing or other considerations beyond the scope of staff review, the board finds denial appropriate) 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 encouraged in the Community Mixed Use place type, I find DENIAL of the rezoning request is reasonable and in the public interest because it is not consistent with the desired character of the surrounding community and will adversely impact the adjacent neighborhood. ATTACHMENTS: Z23-01 Board of Commissioners Script Z23-01 Staff Report Board of Commissioners Z23-01 Zoning Map Z23-01 Future Land Use Map Z23-01 Mail Out Map Initial Application Coeer Sheet Z23-01 Initial Application Z23-01 Community Meeting Summary Concept Plan Co\,er Sheet Z23-01 Concept Plan Z23-01 Public Comments Cover Sheet Board of Commissioners - April 3, 2023 ITEM: 10 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval with conditions as presented by staff. COMMISSIONERS' ACTIONS: Approved 4-0 with recommend conditions. Board of Commissioners - April 3, 2023 ITEM: 10 BOARD OF COMMISSIONERS SCRIPT for Zoning Map Amendment Application (Z23-01) Rezoning Request (Z23-01) — Request by David Long with Castle Hayne Development Group, LLC, applicant, on behalf of James Stone with Ashton & Avery, LLC, property owner, to rezone four parcels totaling approximately 11.S acres of land located at 3400 Castle Hayne Road from R-20, Residential, to CZD B-2, Regional Business for general retail and outdoor display. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant's presentation and supporter comments (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. Applicant's rebuttal (up to 5 minutes) e. Opponent's rebuttal (up to 5 minutes) f. Staff review of any additional conditions 3. Close the public hearing 4. Board discussion 5. Before we proceed with the vote, I would like to invite the applicant to the podium. Based on the Board discussion and items presented during the public hearing, would you like withdraw your petition or proceed with a vote? b. Vote on the application. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why approval or denial of the rezoning request is reasonable and in the public interest. Example Motion for Approval I move to APPROVE the proposed rezoning to a CZD B-2, Conditional Regional Business District. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it provides for the types of uses encouraged in the Community Mixed Use place type and is compatible with projected commercial nodes. I also find APPROVAL of the rezoning request is reasonable and in the public interest because it provides for the types of uses that serve the surrounding community, and the site is designed to create a visual transition from adjacent residential areas to the south and east. Proposed Conditions 1 . No development shall occur within the existing utility easement, as shown on the proposed I Conditional Rezoning Site Plan. This constitutes an additional, undisturbed buffer of 172.5' wide adjacent to the existing residential uses on Gladiolus Road. The required secondary street yard will make the total separation between the proposed development and Gladiolus Rd 178.75' wide. Board of Commissioners - April 3, 2023 ITEM: 10- 1 -1 2. Site access is restricted to Castle Hayne Road. Vehicular ingress and egress to the site from Gladiolus Road is not permitted. Example Motion for Denial I move to DENY the proposed rezoning. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it provides for the types of uses encouraged in the Community Mixed Use place type, I find DENIAL of the rezoning request is reasonable and in the public interest because it is not consistent with the desired character of the surrounding community and will adversely impact the adjacent neighborhood. Alternative Motion for Approval/Denial: I move to [Approve/Deny] of the proposed rezoning to a CZD B-2, Conditional Regional Business 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 - April 3, 2023 ITEM: 10- 1 - 2 STAFF REPORT FOR Z23-01 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z23-01 Request: Rezoning to a Conditional B-2 district Applicant: Property Owner(s): David Long, Castle Hayne Development Group James Stone, Ashton & Avery LLC LLC Location: Acreage: 3400 Castle Hayne Rd 11.5 PID(s): Comp Plan Place Type: R02500-002-009-003, R02500-002-021-000, Community Mixed Use &General R02500-002-020-000, R02500-002-009-000 Residential R02500-002-022-000 Existing Land Use: Proposed Land Use: Residential Retail Sales, General; Tractor Supply Current Zoning: Proposed Zoning: R-20 (CZD) B-2 SURROUNDING AREA LAND USE ZONING North Residential R-20 East Residential R-20 South Residential R-15 West Residential & Religious Institution R-20 Z23-01 Staff Report BOC 4.3.2023 Page 1 of 15 Board of Commissioners - April 3, 2023 ITEM: 10- 2 - 1 AERIAL •i'�._. Rdi t{ North a Gladiolus_Rd`- i t ZONING HISTORY July 1, 1974 Initially zoned R-20 (Area l0A) COMMUNITY SERVICES Public water service is available through CFPUA via a mainline connection Water/Sewer on Castle Hayne Road. Sewer services are available through CFPUA via a forcemain connection to the Northwest Forcemain. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Wrightsboro Station Schools Wrightsboro Elementary, Holly Shelter Middle, and New Hanover High Schools Recreation Optimist Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Z23-01 Staff Report BOC 4.3.2023 Board of Commissioners - April 3, 2023 ITEM: 10- 2 - 2 Page 2 of 15 APPLICANT'S PROPOSED CONCEPTUAL PLAN Tractor Supply Store`' -------- - �.. +�^_19FWEa , �: �;•:• �•.'.• ,-..; • PROPOSED• - FSUPNUE ofl.wpENPwp---3^•' FMIK IFOR NWLaNGU9E1 c ' � M �.j f B,AtgNG ..� [NBTVItBnNGE f 1 I �.:::• •: •:-:: : LG tt • r•1� �•:'; •• ,I � TAg5P Muc K 'lam , ENct OSVNE/ \\11 \\ WAT FOND o..IacNE P MPONTRY WETtpNO - f�,a•= r Street Yard � >• raraEµ� , _ PE 4,WrNr PPaE9awV Eq]F ��' DI------ IG 1,00636 PI //II aK - {� SUK PROPANE TM'N 1£at 3.4E1 �� YSrAEEr Yw�q yVFFEp© Wi03CAPfnx;, SEE CAL a�]Iplq N ,B,MLt. NM UMi PENGE�i a IM-dMIN_l,9'.rr M0.%., TT - r»�E We.9! vEN 4E are PF.FWE _ - UtTuw.wa,r,p Fat Utility Easement t a UraltY EnSEMENF ' rO REMI,IN � WEYtuyOS � I 11M1F3N11G� L _ � UREAWN I Includes Staff Markups • The applicant is proposing to construct a one-story, 21,930 sq ft retail building with a 3,744 sq ft garden center and 13,170 sq ft fenced outdoor display area for an intended Tractor Supply store. • The applicant's proposed conceptual plan includes a street yard along the southern boundary of the site, adjacent to the utility easement to meet the required landscaping for the site in additional to street yard landscaping along the front adjacent to Castle Hayne Road. • The outdoor storage area noted on the site plan will contain large equipment for sale. • The 172.5' utility easement contains overhead power lines. Per the regulations of that utility easement, development is restricted in the area. Z23-01 Staff Report BOC 4.3.2023 Page 3 of 15 Board of Commissioners - April 3, 2023 ITEM: 10- 2 - 3 ZONING CONSIDERATIONS • The R-20 district in this area was established in 1974. At the time, the purpose of the R-20 district was to ensure that housing served by private septic and wells would be developed at low densities. Since that time, some water and sewer services have become available to the surrounding area. • While the site is zoned R-20, there are some B-1, Neighborhood Business, B-2, Regional Business and 1-1, Light Industrial zoned parcels nearby to the south. In addition, the site is in close proximity to the Castle Hayne Road and 1-140 interchange. • As currently zoned, the subject site's total acreage would allow 21 single-family residences under a performance subdivision. Development would be limited to the portion of the site outside the utility easement. • The B-2 district was established to provide for the proper site layout and development of larger format or larger structure size business uses, including big box stores and automobile dealers. It is also designed to provide for the appropriate location and design of auto - oriented uses that meet the needs of the motoring public or that rely on pass -by traffic. • The UDO prescribes minimum standards for lighting, ensuring that there is minimal spillage to adjacent residential properties, and minimum parking requirements. • The UDO also requires landscaping, including primary and secondary street yards and Type A: Opaque Buffers where the site is adjacent to residentially zoned properties. • The stormwater pond in the rear of the site serves as a buffer to the residential properties on Gladiolus Road, in addition to the required opaque buffer. • While the applicant has specifically identified the proposed use as a Tractor Supply Store, rezonings cannot condition a specific store brand, so staff has reviewed other potential retail uses allowed under the use designation in the ordinance as part of their analysis. • 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. Z23-01 Staff Report BOC 4.3.2023 Page 4 of 15 Board of Commissioners - April 3, 2023 ITEM: 10- 2 - 4 AREA DEVELOPMENT ACTIVITY STIP Project i Approved TIA •. • •' ` Construction Subject Site f �11�1I�I1 ■�� -'� 1lfrlr�rerryrt,�q U�irii�l� `t• �. �� • f r ark 2WO 1r/t�� _� . �• _ . ON mil! L 1•� 111■f ��1111► Ii�l �f :: J11�1�� �� The �rall .� l_►III�I�pf��...."�- - a ` �I ♦�� +1A1{f//jq��4 rl twl1�R\t4�fflli��•��� ■ lic i it— Z23-01 Staff Report BOC 4.3.2023 Page 5 of 15 Board of Commissioners - April 3, 2023 ITEM: 10- 2 - 5 TRANSPORTATION °da Site Primary Access: Castle Hayne Rd Gladiolus-Raadt} v, d Davis•Lane N m c CURRENT CONDITIONS Intensity of Current Zoning Typical development under current zoning would allow a maximum of 14 single-family dwelling units. PROPOSED ACCESS Primary Access Castle Hayne Road, via a full -access driveway Secondary Access No access is proposed via Gladiolus Road EXISTING ROADWAY CHARACTERISTICS Affected Roadway Castle Hayne Road Type of Roadway NCDOT minor arterial Roadway Planning Capacity (AADT) 16,804 Latest Traffic Volume (AADT) 14,500 Latest WMPO Point -in -Time County (DT) Not available near subject parcel Current Level of Congestion Nearing capacity Sources Source of Planning Capacity: WMPO Source of Latest Traffic Volumes: NCDOT (2021) Z23-01 Staff Report BOC 4.3.2023 Page 6 of 15 Board of Commissioners - April 3, 2023 ITEM: 10- 2 - 6 NEARBY NCDOT STIP ROADWAY PROJECTS - Widen castle Hayne Road into multi -lanes from 1-140 to Division Drive. Right -of -Way acquisition and utilities is currently scheduled to take place in FY 2025, with construction U-5863 — Castle Hayne Road beginning after 2029. Improvements (post-2029 Completion) - The roadway project is currently proposed as a divided facility with a median, but this has not been finalized. If the finalized project has a median, the site access will be right-in/right-out only. - Improvements to pavement and grading on I- R2633D, I-5760A & I-6037 140 and bridges. TRAFFIC GENERATION Traffic Traffic Generated Potential Generated by by Proposed Impact of Present Designation proposed Designation Designation AM Peak Hour Trips 10 0 -10 PM Peak Hour Trips 13 55 +42 Typical development with existing zoning: 14 single family Assumptions detached dwellings Proposed development: 21,930 sq ft Tractor Supply Store* Sources Source of Trip Generation: ITE Trip Generation Manual, 11 th edition TRAFFIC IMPACT ANALYSIS (TIA) 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 CZD B-2 request would permit other retail uses; per the WMPO, if the site were developed another retail store with the same square footage, it would require a TIA be approved. . The peak trip numbers of 0 AM and 55 PM are using the ITE code for the intended Tractor Supply Store. If another retail store were to be developed at this same square footage, the peak hour trips would increase and a Traffic Impact Analysis would be required. Z23-01 Staff Report BOC 4.3.2023 Page 7 of 15 Board of Commissioners - April 3, 2023 ITEM: 10- 2 - 7 SUMMARY The proposed project is located along a minor arterial highway that currently has capacity. Over the next decade, NCDOT plans to widen Castle Hayne Road to serve the growth anticipated in this area. Currently, access to the site is proposed to be full access in/out on Castle Hayne Road; however, if the NCDOT widening project results in the installation of a median, access will be limited to right- in/right-out. The proposed Tractor Supply Store's peak hour traffic is below the 100 peak hour threshold requiring a traffic impact analysis; NCDOT will review the project through the driveway permitting process. Other retail developments at this same square footage would be above the 100 peak hour trips and would require a Traffic Impact Analysis. Z23-01 Staff Report BOC 4.3.2023 Page 8 of 15 Board of Commissioners - April 3, 2023 ITEM: 10- 2 - 8 ENVIRONMENTAL • This property is not within a Special Flood Hazard Area. • The property is within the Ness watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class II (moderate limitation) & III (severe limitation). Per the Army Corps of Engineers, there is a jurisdictional determination on this property. The applicant has already participated in a pre -application meeting with the Corps. A permit will be required to develop this property. Z23-01 Staff Report BOC 4.3.2023 Page 9 of 15 Board of Commissioners - April 3, 2023 ITEM: 10- 2 - 9 Representative Developments Representative Developments of R-20 (Existing Zoning): Holland Drive �N , Al Long Leaf Drive Z23-01 Staff Report BOC 4.3.2023 Page 10 of 15 Board of Commissioners - April 3, 2023 ITEM: 10- 2 - 10 Representative Developments of B-2 (Proposed Zoning and Tractor Supply Store: Example of B-2 Development Example Tractor Supply Store with Outdoor Display Area, Leland Z23-01 Staff Report BOC 4.3.2023 Page 11 of 15 Board of Commissioners - April 3, 2023 ITEM: 10- 2 - 11 Context and Compatibility • The property is located on Castle Hayne Road, less than half a mile south of the 1-140 interchange. • Due to its proximity to the 1-140 interchange, this area is likely to transition to a service node in the coming years, making single-family residential development along the Castle Hayne Road corridor less likely. • Much of the surrounding area is rural; the proposed development would provide compatible retail use for the Wrightsboro area. • The utility easement also acts as an additional spatial buffer from existing residential uses across Gladiolus Road. • The proposed concept plan positions a street yard along the southern boundary of the property, adjacent to the utility easement and power lines to provide aesthetic improvements to the site. 2016 COMPREHENSIVE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County's future land use, as designated by place types describing the character and function of the different types of development that make up the community. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. EMPLOYMENT CENTER GENERAL RESIDENTIAL URBAN WXED USE r \I ■ �� COMMUNITY MIXED USE Z23-01 Staff Report BOC 4.3.2023 Page 12 of 15 Board of Commissioners - April 3, 2023 ITEM: 10- 2 - 12 Future Land Use Map Place Type Community Mixed Use & General Residential Because of the general nature of place type borders, sites located in 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 use include office, retail, mixed use, recreational, commercial, institutional, multi -family and single-family residential. Place Type Description General Residential: Focuses on small-scale, lower density housing, associated civic and limited commercial services development that enhances neighborhood character. Types of appropriate uses include single-family residential, low -density multi -family residential, light commercial, civic, and recreational projects. The proposed project is located on Castle Hayne Road, a minor arterial roadway. Much of the southern portion of the site is encumbered by a utility easement and power lines, which serves as a spatial buffer from the single- family homes across Gladiolus to the south. While much of the surrounding area is currently zoned for lower density residential use, the area is south of the GE Campus with recent higher density residential developments to the west. The Comprehensive Plan classifies the western portion of the property fronting Castle Hayne Road as Community Mixed Use- a common classification along the Castle Hayne Road corridor. The eastern portion of Analysis the property is classified as General Residential. The Community Mixed Use place type encourages retail uses that attract county residents and visitors. The site's proximity to the 1-140 interchange is conducive to capturing highway traffic. Because of the 1-140 interchange, it is likely that this area will see other commercial and retail interest in the future. Because this area is envisioned to transition over time into a commercial node, the proposed B-2 district is generally appropriate for this site. The Community Mixed Use place type encourages development patterns that serve all modes of travel and attract county residents and visitors along major road corridors. The site's proximity to 1-140, the GE campus and nearby higher density residential development is conducive to these types of retail development. Z23-01 Staff Report BOC 4.3.2023 Page 13 of 15 Board of Commissioners - April 3, 2023 ITEM: 10- 2 - 13 The proposed (CZD) B-2 rezoning for retail use is generally CONSISTENT with the 2016 Comprehensive Plan because it provides for the types of uses Consistency encouraged in the Community Mixed Use place type and that serve the Recommendation surrounding community. These types of uses are compatible with the envisioned commercial node in this area, and the site is designed to create a visual transition from adjacent residential area to the south and east. PLANNING BOARD ACTION The Planning Board considered this application at the March 2, 2023 meeting. One member of the public spoke in support of the proposal, citing the need for commercial development in the area and the coming road improvements on Castle Hayne Road. The Planning Board voted to recommend approval of the petition (7-0) with the following conditions offered by the applicant: 1. No development shall occur within the existing utility easement, as shown on the proposed Conditional Rezoning Site Plan. This constitutes an additional, undisturbed buffer of 172.5' wide adjacent to the existing residential uses on Gladiolus Road. The required secondary street yard will make the total separation between the proposed development and Gladiolus Rd 178.75' wide. 2. Site access is restricted to Castle Hayne Road. Vehicular ingress and egress to the site from Gladiolus Road is not permitted. The Board found it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it provides for the types of uses encouraged in the Community Mixed Use place type and is compatible with projected commercial nodes. The Board found RECOMMENDING APPROVAL of the rezoning request was reasonable and in the public interest because it provides for the types of uses that serve the surrounding community, and the site is designed to create a visual transition from adjacent residential areas to the south and east. Z23-01 Staff Report BOC 4.3.2023 Page 14 of 15 Board of Commissioners - April 3, 2023 ITEM: 10- 2 - 14 STAFF RECOMMENDATION Staff's recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning considerations and technical review. Based on the recommended uses for the Community Mixed Use place type and the Comprehensive Plan, along with the compatibility of the proposed zoning district with the area's anticipated transition into a commercial node, staff concurs with the Planning Board's recommendation and suggests the following motion with the proposed conditions: I move to APPROVE the proposed rezoning to a CZD B-2, Conditional Regional Business District. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it provides for the types of uses encouraged in the Community Mixed Use place type and is compatible with projected commercial nodes. I also find APPROVAL of the rezoning request is reasonable and in the public interest because it provides for the types of uses that serve the surrounding community, and the site is designed to create a visual transition from adjacent residential areas to the south and east. Proposed Conditions 1. No development shall occur within the existing utility easement, as shown on the proposed Conditional Rezoning Site Plan. This constitutes an additional, undisturbed buffer of 172.5' wide adjacent to the existing residential uses on Gladiolus Road. The required secondary street yard will make the total separation between the proposed development and Gladiolus Rd 178.75' wide. 2. Site access is restricted to Castle Hayne Road. Vehicular ingress and egress to the site from Gladiolus Road is not permitted. Example Motion for Denial, (If based on information presented at the public hearing or other consideration beyond the scope of staff review, the Board finds denial appropriate) 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 encouraged in the Community Mixed Use place type, I find DENIAL of the rezoning request is reasonable and in the public interest because it is not consistent with the desired character of the surrounding community and will adversely impact the adjacent neighborhood. Z23-01 Staff Report BOC 4.3.2023 Page 15 of 15 Board of Commissioners - April 3, 2023 ITEM: 10- 2 - 15 Case: Site Address: Z23-01 3400 Castle Hayne Rd IvN F Pz L%7, .44.. IZy k" � 1� ZONING .; 0 B-1 0 B-2 0 I-1 I-2 1 0 R-10 .3 + 0 R-15 C 0 R-20 0 PD CZD Z23-01 Existing Zoning/Use: R-20 i; 1 , n y a Site Z23-01 Y� t Gladioli r is Mw Proposed Zoning/Use: (CZD) 6-2 kc 0 500 1,000 US Feet I i I i I 0 500 1,000 US Feet I i I i I Case: Site Address: Existing Zoning/Use: onin_ /q Use: Z23-01 3400 Castle Hayne Rd R-20 -140 n Site Z23-01 COMMERCE ZONE EMPLOYMENT CENTER A Q. GENERAL RESIDENTIAL I a i11 URBAN MIXED USE Rd COMMUNITY MIXED USE Q Z23-01 SWartvi a d f Co missioners - April 3, 23 Proposed Zoning/Use: N (CZD) 6-2 A* 0 7— 0 0 500 1,000 US Feet I i I i I Case: Site Address: Z23-01 3400 Castle Hayne Rd 3521 2607 351'_ 350 Existing Zoning/Use: R-20 3524 • •3510 Site Z23-01 Proposed Zoning/Use: N (CZD) 6-2 Ak 3504 • `3425 •135 127 3421 • 134 3404 • • 3419 3400 109 0 111 119 121 125 129.131 00 0 GOO T—S 0 122 3330 1116 118 • •101 103 •3401 •106 •108.110 3326 •126 105 •112 107 3322 108 L'1l • 331,1 • 3315 3314 10 • n. • : ILn � d ID 2 � ro ❑ Nei hborin Parcels (500 feet) Xrd of CommiLrs - April 3, 2023 g g IT-5-1 0 250 500 US Feet I i I i I Initial Application Documents & Materials Board of Commissioners - April 3, 2023 ITEM: 10- 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. IPublic Hearing Procedures I (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 & Hearing & Commissioners Limitations and Meeting Acceptance & Staff Report Notification Recom- Hearing & Actions (TRC Optional) mendation Decision 1. Applicant and Property Owner Information Applicant/Agent Name Owner Name (if different from Applicant/Agent) Company Company/Owner Name 2 Address Address City, State, Zip City, State, Zip Phone Phone Email Email Board of Commissioners - April 3, 2023 Page 1 of 6 ITEM: 10- 7C9nditional Zoning District Application — Updated 02-2022 2. Subject Property Information Address/Location Parcel Identification Number(s) Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification 3. Proposed Zoning, Use(s), & Narrative Proposed Conditional Zoning District: j 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. Board of Commissioners - April 3, 2023 Page 2 of h ITEM: 10- 7 dnditional Zoning District Application — Updated 02-2022 5. Traffic Impact Please provide the estimated number of trips generated for the proposed use(s) based off the most recent version of the Institute of Traffic Engineers (ITE) Trip Generation Manual. A Traffic Impact Analysis (TIA) must be completed for all proposed developments that generate more than 100 peak hour trips, and the TIA must be included with this application. ITE Land Use: Trip Generation Use and Variable (gross floor area, dwelling units, etc.) AM Peak Hour Trips: I 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. Board of Commissioners - April 3, 2023 Page 3 of 6 ITEM: 10- 7 C3onditional Zoning District Application — Updated 02-2022 Board of Commissioners - April 3, 2023 Page 4 of 6 ITEM: 10- 7 Conditional Zoning District Application — Updated 02-2022 Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under "Applicant Initial". If an item is not applicable, mark as "N/A". Applications determined to be incomplete must be corrected in order to be processed for further review; Staff will confirm if an application is complete within five business days of submittal. Application Checklist ❑ This application form, completed and signed ❑ Application fee: • $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 Board of Commissioners - April 3, 2023 Page 5 of 6 ITEM: 10- 7 Conditional Zoning District Application — Updated 02-2022 7. Acknowledgement and Signatures By my signature below, I understand and accept all of the conditions, limitations, and obligations of the Conditional Zoning District zoning for which I am applying. I understand that the existing Official Zoning Map is presumed to be correct. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. If applicable, I also appoint the 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. Pr vide written consent to any and all conditions of appro al. LLG� ,,ASignature of Property Owner(s) Print Name(s) Castle Hayne Development Group, LLC David A. Long Signature of Applica gent 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. Board of Commissioners - April 3, 2023 Page 6 of 6 ITEM: 10- 7 riclitional Zoning District Application — Updated 02-2022 PARAMOUNTE E N G I N E E FZ' I N G, I N C. December 13, 2022 RE: Neighborhood Meeting Summary Tractor Supply Co., Castle Hayne Rd. Paramounte Engineering, Inc. (PEI) held a neighborhood meeting on Monday, December 12, 2022, from 4:00 PM to 5:00 PM at the proposed project site, 3400 Castle Hayne Rd., Castle Hayne, NC 28429. Invitations to attend the community meeting with official notice summarizing the proposed development, including a reduced size color copy of the proposed site plan, were mailed to all adjacent property owners with 500' of the property and to the county planning department on December 1, 2022. As publicly noticed, the proposed project would consist of a retail store, garden center, outdoor display areas and associated parking and require a Conditional Rezoning from R-20 to B-1. The proposed project site encompasses five (5) properties totaling approximately 11.5 acres fronting Castle Hayne Road at Gladiolus Road, identified as New Hanover County parcel numbers R02500- 002-009-003, R02500-002-021-000, R02500-002-022-000, R02500-002-020-000, and R02500-002- 009-000. The meeting was attended by (10) persons, please refer to the attached sign in sheet. Paramounte Engineering began the meeting with an overview of the proposed project, using rendered plans and aerial photographs and to demonstrate the proposed development and its relationship to the surrounding community. After the introduction of the project, the meeting was opened to discussion and questions from the attendees. Comments and questions are summarized below: 1. What is the location of proposed pond and outfall? PEI Response: The site plan shows an approximate size and location for the proposed stormwater pond for reference. The exact location, size and outfall for the proposed pond will be determined upon final engineering. 2. Where is the proposed project entry driveway? PEI Response: The proposed project entry driveway is located off Castle Hayne Rd., approximately 235' O.C. and north of Gladiolus Rd. There would not be access to the proposed store from Gladiolus Rd. Preliminary conversations with NCDOT suggest that a right -turn lane on Castle Hayne Rd. will be required into the project, and a driveway permit from NCDOT will be required. 3. Will the project be on public sewer and water? PEI Response: Yes. The project will connect to existing water and sewer force main located in Castle Hayne Rd. 1 2 2 C I N E M A D R I V E, WILIVII N G T ❑ N, N C 2 S 4 ❑ 3 P H ( 9 1 ❑) 7 9 1 - 6 7 ❑ 7 F A X: ( 9 1 ❑) 7 9 1 - 6 7 6 ❑ Board of Commissioners - April 3, 2023 ITEM: 10- 8 - 1 Neighborhood Meeting Summary Tractor Supply Co., Castle Hayne, NC Page 2 of 2 4. There was a question about the current property ownership and the rumored sale of the property to another party (not the project applicant), which was outside the knowledge of PEI. 5. Several attendees asked if a traffic light would be installed at Chair Rd. by NCDOT? PEI did not have information about a proposed traffic light at this intersection, which is not immediately fronting the proposed project site. The attendees understood that a traffic light is not a part of this project's scope of work. 6. One attendee asked about potential jobs for the community at the proposed development. 7. There was no one in attendance that vocally objected to the project when asked. Several of the attendees voiced support for the project, knowing that Castle Hayne Rd. is a growing business corridor and that the proposed use would be acceptable. If there are any questions, concerns or corrections required for this community meeting summary, please contact Mike Nichols, RLA at Paramount Engineering. *** End of Report*** Board of Commissioners - April 3, 2023 ITEM: 10- 8 - 2 rq T30. o � � w O 1't S ly t z � �r 7 6' c �n Board of Commissioners - April 3, 2023 ITEM: 10- 8 - 3 Concept Plan Board of Commissioners - April 3, 2023 ITEM: 10- 9 - 1 ovr � ��� I �RSTATE US 140 0 DAVIS LN. Z M = it W o Z U) �a U I VICINITY MAP SCALE: 1" = 1,000' SITE DATA: PROJECT NAME: SITE ADDRESS: DEVELOPER: PARCEL ID: PROPOSED PROJECT AREA: PROPERTY OWNER: NORTH 0 OC LLl m Z U Q co _ U) N U) > uj li U ry U W COC) � J � C° n 0 = o (� U = Z I I I I I I I I I I TRACTOR SUPPLY COMPANY 2028 3pRUSMF- I I t 3400 CASTLE HAYNE RD. /v� G RF��G o RS.2p ?3 I 1 003 'OG III I ❑ CASTLE HAYNE NC 28 9 I 5 \ I CASTLE HAYNE I DEVELOPMENT GROUP, LLC. 120 MARKET SQUARE: 2ND FLOOR,/4/- ,0 �M 4'°02 PINEHURST, NC 28374 O. s Zp S�9o�oMFCy°0 RFC I i II R02500-002-021-000 11.66 ACRES R02500-002-022-000 1.71 ACRES �o� 2p¢S�RcN N, I I R02500-002-020-000 1.73 ACRES R02500-002-009-000 5.72 ACRES OVERHEAD ELECTRIC (OHE) I +/- 11.52 ACRES ASHTON & AVERY, LLC �' CMG❑ I °' 201 MARSHFIELD DR. WILMINGTON, NC 28411 EXISTING DRIVEWAY (TO BE REMOVED) I I EXISTING ZONING: R-20 PROPOSED ZONING: CONDITIONAL REZONING B-2 ` I iI COMP. PLAN PLACE TYPE: COMMUNITY MIXED USE I I JURISDICTION: NEW HANOVER COUNTY J II I I I PROPOSED USE: RETAIL / COMMERCIAL w N I (TYPE OF DEVELOPMENT) _ �� a J ♦ ♦ I �, 1 1 o> II DIMENSION REQUIREMENTS: —Z o Qui I I z o REQUIRED PROVIDED C) z FRONT YARD SETBACK 50' 50'cn II I N REAR YARD SETBACK 35' 35' INTERIOR SIDE YARD SETBACK 30' 30' STREET SIDE YARD SETBACK 35' 35' MAXIMUM ALLOWABLE HEIGHT: 40' PROPOSED HEIGHT: 30' (1 STORY) MAXIMUM FLOOR AREA PER DEVELOPMENT: 100,000 SF PROPOSED FLOOR AREA: 21,930 SF INTERIOR BUILDING 3,744 SF GARDEN CENTER / GREENHOUSE 13,170 SF EXTERIOR FENCED OUTDOOR DISPLAY (DOES NOT INCLUDE DRIVE LANE) 39,418 SF PROPOSED DEVELOPMENT PARKING CALCULATIONS: I I � A I � v I o I PROPOSED I DRIVEWAY I I I PYLON SIGN (SEPARATE PERMIT) i I I I - I RIGHT TURN / DECELERATION LANE I (AS REQ'D BY NCDOT) I II I II I I � I OHE H I PARKING PARKING I I SF / USE RATIO SPACES STREET YARD 21,907SF / GENERAL RETAIL 2.5 / 1,000 54.8 INSIDE UTILITY EASEMENT 3,744 SF / RETAIL NURSERY 2.5 / 1,000 9.4 TO REMAIN UNDISTURBED, 13,170 SF / OUTDOOR DISPLAY* 1.5 / 1,000 19.7 NO NEW LANDSCAPING) REQUIRED PARKING: 83.9 OHE I H PARKING PROVIDED: 84 I ,` I "OUTDOOR DISPLAY AREA OMITS DRIVE THRU PICK UP LANES - — I I REQUIRED HANDICAP PARKING = 4 SPACES i0 3Ho HANDICAP PARKING PROVIDED = 4 SPACES 10 PARKING LOT LANDSCAPING CALCULATIONS: TOTAL VEHICULAR USE AREA (VUA): 61,173 SF I II LANDSCAPE REQUIREMENT: 8% OF TOTAL VUA o z rn c6 N N Q I LANDSCAPE AREA REQUIRED: 4,894 SF a w a z LANDSCAPE AREA PROVIDED: 4,897 SF o z Q co z- UJ WETLANDS Nzwmoa WETLANDS AS SHOW ON SITE PLAN HAS BEEN STAKED IN THE FIELD Y AND APPLICATION FOR JURISDICTIONAL DETERMINATION HAS BEEN I I FILED WITH ACOE. I THE PROPOSED DEVELOPMENT WILL LIMIT WETLAND IMPACTS TO UNDER 0.5 ACRE STREET YARD PROPOSED ZONING: B-2 MINIMUM STREET YARD WIDTH: 12.5' (PRIMARY) OR 6'-3" (SECONDARY) MAXIMUM STREET YARD WIDTH: 37.5' (PRIMARY) OR 18'-9" (SECONDARY) PRIMARY STREET YARD CALCULATIONS (100% REQUIREMENT / 25 SF PER 1 LF): SUBJECT PROPERTY STREET FRONTAGE AT CASTLE HAYNE RD.: 489' PORTION OF STREET FRONTAGE IN UTILITY EASEMENT: - 172.5' PORTION OF STREET FRONTAGE AS DRIVEWAY: - 30' STREET YARD FRONTAGE SUBJECT TO LANDSCAPING 286.5' 286.5' X 25 SF = LANDSCAPING REQUIRED IN STREET YARD: 7,163 SF LANDSCAPE PROVIDED IN STREET YARD: 7,351 SF SECONDARY STREET YARD CALCULATIONS (50% REQUIREMENT / 12.5 SF PER 1 L SUBJECT PROPERTY STREET FRONTAGE AT GLADIOLUS RD.: 965' 965' X 12.5 SF = LANDSCAPING REQUIRED IN STREET YARD: 12,063 SF LANDSCAPE PROVIDED IN STREET YARD: 12,377 SF EXISTING VEGETATION NARRATIVE THE EXISTING SITE HAS BEEN CLEARED AND MOWED, WITH THE EXCEPTION OF SEVERAL EXISTING TREES AS SHOWN ON THE SITE PLAN BELOW. SITE ACCESS NOTE: THERE IS NO PROPOSED SITE ACCESS TO GLADIOLUS ROAD. THE ONLY SITE ACCESS WILL BE FROM CASTLE HAYNE RD., NCDOT DRIVEWAY PERMIT WILL BE REQUIRED. TIA NOTE: A TIA IS NOT REQUIRED. FLOOD ZONES THERE ARE NO DOCUMENT FLOOD ZONES LOCATED ON THE SUBJECT PROPERTY. LIMITS OF EXISTING WETLANDS TYPE A: OPAQUE BUFFER PRIMARY STREET YARD BUFFER + + + + WETLAND IMPACT 20' WIDE (MIN.), TO BE SATISFIED WITH LANDSCAPING, SEE CALCULATIONS +++++++ (0.41 ACRE) EXISTING PLANTINGS IN WETLANDS, (12'-6" MIN. / 37'-6" MAX.) SUPPLEMENTED AS NEEDED TO MEET PARKING LOT LANDSCAPING �_ TYPE A: OPAQUE MINIMUM PLANTINGS REQUIRED PER (SEE CALCULATIONS) BUFFER R02500-002-008-000 ORDINANCE 20' WIDE (MIN.) GORE RICHARD M D.B. 2637 PG. 0163 WET ZONING: R-20 WET WET WET WET W FOUNDATION VACANT LAND WET WET WET WET WET WET WET z PLANTINGS WET WET WET WET 527.19' J N 86°58'09" E 10 .pf�:cT) } 6 20' LANDSCAPE BUFFER 004 2005 15 __-----�37V> --- — — — w PROPERTY LINE a£D _ _I o�❑ 30' SETBACK — 1�M — — — — a 1 � � S + VvET + + + + + + +++++++++++ +I WETLANDS 1 13M y ---------+ --+ + + + + + + + + TO REMAI rl' N o�m + + SEWER GRINDER PUMP o %5 +I / +++++ +++++++++++� +- I a. T ++� + + + + + W PROPANE TANK (FOR BUILDING USE) ++:: ° + + + + + + + + — + LIMIT OF WETLAND — a• 9+� +++++++++++------------ F PROPOSED + + + + + DISTURBANCE \ m +I + + + + + + + + + + + + + + + + + + + + z + N BUILDING r+++++++++ + I + LOADING DOCK \ c� + I++++ + + + + + ++ I ly'' I 28' +++++++++ + + TRASH ENCLOSURE/ I W 20, 28, + + + + + + + + + + +; +++++++++++ 1 W LL �++++ r + I I + ++� +++ z L- �� o• B 1 ++ I O r w T I I o= �- p 20' ACCESS EA M w � m + ++++ + \ I 1 °° o < >z w— + STORM II I v Co " o M z o d' INGRESS & EGR S �o r°'z + Q M.B. 36, P �r < + + + W 0 a I + �+ + + �� WATER POND I o ¢ z Fn W I ��' + + +/-1ACRE I ~ NwUoo ONa 9 GARDEN + I I o z o I + CENTER cj I I > / - o �' s; + +�- 3,744 SF + TEMPORARY WETLAND IMPACT I/ cn M + I TYPE A: OPAQUE ra� ++ 20' WIDE FOR STORMWATER I I BUFFER +++ PIPE CONNECTION TO STORM I 1 20' WIDE (MIN.) + DRIVE LANE + ++++ POND (+/- 1,250 SF) 1 ' + + + ++ A \ + FENCED OUTDOOR DISPLAY AREA 20,000 SF + / C ++ (13,170 SF) +++ 192' y+ ++ + WETLANDS \ // 1/ + + TO REMAIN i I 20' LANDSCAPE BUFFER � � C ��nniiinn / j - + - + + + PERMANENT TRAILER AND EQUIPMENT' ° ' I,\ \ \ \ \ \ \ OHE - t OHE - --- �- + + + DISPLAY AREA 3,000 SQ. FT — - \ �� OHE .\� OHE OHE + + + \- OHE + -'. \ -• \ w 22.5' CP8,L n�'i ---- OHE � --- --- ---- ---- -- — / EASEMENT �, o E -- - SECONDARY STREET YARD BUFFER \ \ \ \ \ M g 32 f'�H�S LANDSCAPING, SEE CALCULATIONS OHE OHE H ---- OHE --- -- - (6'-3" MIN. / 18'-9" MAX.) OHE —� -- - ---- - - OHE OHE WETLANDS BULK PROPANE TANK �_ I Lu z TO REMAIN (FOR SALE) 16' TALL CHAIN LINK FENCE AT OHE OHE I Y I h HE PERIMETER OF OUTDOOR DISPLAY AREA I Q Y — WB-65 VEHICLE -OHE °o PAVED DISPLAY POWER POLE (TYP.) I w LLW OHE Zj Q - OH OHE TURNAROUND FOR AREA (20' X 150') 1 � �' wi LOADING DOCK � 150' C.P.&L. EASEMENT OHE -+ M — OH � OHE b I REGULATED TREE M.B. 32, PG. 185 q �iE�' 1 0- OHE Q LO I OHE TO BE REMOVED :E_ nuG OHE WETLANDS / I I OVERHEAD ELECTRIC (OHE) i EXISTING PORTION OF PROPERTY IN / TO REMAIN _ _ - I HE HE OHE UTILITY EASEMENT TO REMAIN — — — — — — — — — — — — — — — / �1 OHE OHE UNCHANGED — — — — — — — �� J. 08 I ----_— 498.30' ---------- — 35'SETBACK 2009 --------- ---- 1 010 152.67' 3HO 58'20" W 105o.99 (T) C060 400.02' 'I RBED PROPERTY LINE 2012 F DISTURBED GLADIOLUS ROAD - - G❑ 2013 C❑0 � 60' PUBLIC ROW — — — — — GO _ — I R02511-003-002-000 I R02515-002-019-000 — FERTILE GARDENS I R02511-003-004-000 STEVENS MARIE C JOHNSON MALCOM L SHIRLEY M.B. 6 PG. 86 1 I R02511-003-005-000 I D.B. 820 PG. 451 R02511-003-006-000 STEVENS JASPER I ZONING: R-15 I R02511-002-021-000 � R02511-002-020-000 BAILEY RICHARD A I BAILEY RICHARD A I ERNEST MARIE C D.B. 9905 PG. 2719 CAISON BRADLEY J I KATHY L ZONING: R-15 RESIDENTIAL R02515-002-023-000 I EAGLESBERG I KATHY L D.B. 2067 PG. 467 RESIDENTIAL R02515-002-024-000 BULLARD DEVELOPMENT, D.B. 6097 PG. 2701 D.B.6499 PG. 2581 D.B. 6499 PG. 1585 ZONING: R-15 R02515-002-025-000 I WATSON VERNON I CHRISTOPHER S LLC ZONING: R-15 ZONING: TIAL RESIDENTIAL PARHAM JASON C JASPER RESIDENTIAL ZONING: TIAL RESIDENTIAL ETAL D.B. 6191 PG. 1889 RESIDENTIAL BRITTANY P JOHNSON I D.B. 9902 PG. 1706 D.B. 6135 PG. 2363 ZONING: R-15 D.B. 6096 PG. 896 ZONING: R-15 ZONING: R-15 ZONING: R-15 RESIDENTIAL RESIDENTIAL RESIDENTIAL RESIDENTIAL I I I I I I I I I I I a� NORTH GRAPHIC SCALE 0 25 50 100 200 SCALE: 1 "=50' CONDITION REZONING SITE PLAN z O WN L.L z O Q O u- z z w_ J U W0- L Z o � N 0 Z OE W 00 UZ� � W N O o� Z U 0� o Z A W U 0 U FBI n O �U n O H M p m 04 a z H � Q 00 z F- o O LL as 0 U -<>-(z0 z Z Z_ H a Z5 U w g O U O U J J W o o w z z Y Q Li J(D� U a �CLu- O�OOU SEAL C-2,00 rPEI JOB#: 00000.00 Board of Commissioners - April 3, 2023 ITEM: 10- 10 - 1 Public Comments In Support Neutral In Opposition Board of Commissioners - April 3, 2023 ITEM: 10- 11 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:4/3/2023 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 (Z23-08) - Request by Cindee Wolf with Design Solutions, applicant, on behalf of Bayshore Estates, INC, property owner, to rezone approximately 2.74 acres of land located at 7620 Market Street from R-15, Residential to (CZD) B-1, Neighborhood Business for a two-story commercial structure and to remove the Special Highway Overlay District (SHOD) from the property and other limited commercial uses. (See page 1 of the attached staff report for a reference map.) BRIEF SUMMARY: The applicant is proposing to construct a 2-story, 20,800 square foot structure with 10,400 square feet for retail uses and 10,400 square feet for office uses. The corresponding parking with an underground stormwater system for the site is located to the east of the building. The applicant seeks to limit the permissible uses to bank and/or financial institution, business services, restaurant (no drive-thru permitted), offices for private business and professional activities, instructional services and studios, personal services, general (no tattoo parlor permitted), and retail sales, general. The applicant has also proposed conditions related to vegetative buffering and lighting. The proposed site is located in the Special Highway Overlay District (SHOD), which prescribes a minimum 100' front setback for buildings, along with regulations pertaining to outdoor storage, parking and loading, lot coverage, and signs. Part of the applicant's request is to remove the SHOD zoning designation from the parcel so that the proposed structure would be subject to the B-1 district's minimum 25' front yard setback instead of the SHOD's applicable 100' front setback, which was applied to allow for roadway widening projects. The applicant has agreed to a condition that the development will be compliant with all SHOD requirements aside from the setback. Because the front setback for the SHOD was established prior to the recent road widening project and the proposal includes all other SHOD requirements, the practical impact of removing the overlay would be minimal from the public perspective and would allow the proposed structure to be placed similarly to other structures along that roadway. The subject parcel's 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. As currently zoned, the subject site would be allowed a maximum of 7 dwelling units under a performance residential development, at a density of 2.5 du/acre. The property is between the Porters Neck Growth Node, an area of the county that is seeing rapid growth, and the City of Wilmington. The surrounding land to the south and east is zoned residential and is predominately developed with single-family dwellings. Parcels to the west and north are zoned residential, commercial, or Office and Institutional. Uses of these parcels are either commercial or institutional. Thepurpose 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 Board of Commissioners - April 3, 2023 ITEM: 11 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. Access to the property is proposed via a right -in, right -out driveway on Market Street, an NCDOT major arterial roadway. The proposed development is anticipated to generate 49 AM peak hour trips and 94 PM peak hour trips, a 44 trip increase from the 5 AM peak hour trips estimated under current zoning and an 87 trip increase from the 7 PM peak hour trips estimated under current zoning. While the proposed project is located along a roadway that is currently over capacity, the Market Street widening project and Military Cutoff Extension project will be completed in 2023 and are anticipated to decrease congestion in this area. The proposed project's peak hour traffic is below the 100 peak hour threshold requiring a traffic impact analysis, but NCDOT will review the project through the driveway permitting process. The Comprehensive Plan classifies the property as Community Mixed Use, which promotes development of small- scale, mixed -use developments. This place type is common for areas along highway corridors. This place type assignment is intended to support more density near major roads with a transition to lower densities adjacent to existing lower intensity residential neighborhoods. The proposal would allow for the types of uses recommended within the Community Mixed Use place type. Commercial uses and office space are encouraged along major roadway corridors, and the proposed development could serve as a transition between the Market Street corridor and the lower intensity, single-family residential uses to the east. The proposed rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because it is located in an area designated as Community Mixed Use, is located along a major roadway corridor between the City of Wilmington and the Porters Neck growth node where transitional uses would be appropriate, and could provide for the uses that are recommended within this area. The Planning Board considered this application at their March 2, 2023 meeting. Three individuals spoke in opposition to the request, with concerns over lighting, noise, and safety. The Planning Board unanimously recommended approval of the petition (7-0) with proposed conditions related to uses, lighting, vegetative buffers, and outdoor activities. 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 RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff's recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning considerations, and technical review. The subject site is located between the City of Wilmington and the Porters Neck growth node, along one of the county's most developed corridors. The proposal allows for the types of uses and intensities recommended for the area and could serve as an appropriate transition between the heavily traveled roadway corridor and the established residential uses to the east. Furthermore, the future uses proposed could provide services in close proximity to the established residential 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-1 district and removing the parcel from the Special Highway Board of Commissioners - April 3, 2023 ITEM: 11 Overlay District. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is located in an area designated as Community Mixed Use, is located along a major roadway corridor between the City of Wilmington and the Porters Neck growth node where transitional uses would be appropriate, and provides for the uses that are recommended within this area. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal provides neighborhood -serving commercial development. Proposed Conditions: 1. The permitted uses will be limited to Bank and/or Financial Institutional, Business Services, Restaurant (no drive- thru), Offices for Private Business & Professional Activities, Instructional Services & Studios, Personal Services (no tattoo parlors), and General Retail Sales. 2. Development of the site will be subject to all applicable standards of the Special Highway Overlay District (SHOD) described in Section 3.5.3 of the Unified Development Ordinance with the exception that the front property setback shall reflect the minimum setback of 25 feet as currently prescribed for the B-1 zoning district. 3. 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 glares are not directed to adjacent property(ies), neighboring areas or motorists. Light posts shall be no taller than twelve (12) feet. 4. Tree protection fencing shall be installed along the proposed fence line prior to onset of any clearing or grading, and the area behind shall be left totally undisturbed. 5. There shall be no outdoor amplification of noise at any time. 6. Outdoor seating for any restaurant use shall be sited between the front of the building and the Market Street right- of-way. Alternative Motion for Denial (If based on information presented at the public hearing or other considerations beyond the scope of staff review, the board finds denial appropriate.) I move to DENY the proposed rezoning to a (CZD) B-1. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is located in an area designated as Community Mixed Use, is located along a major roadway corridor between the City of Wilmington and the Porters Neck growth node where transitional uses would be appropriate, and provides for the uses that are recommended within this area, I find DENIAL of the rezoning request is reasonable and in the public interest because it is not consistent with the desired character of the surrounding community and will adversely impact the adjacent neighborhood. ATTACHMENTS: Z23-08 BOC Script Z23-08 BOC Staff Report Z23-08 Zoning Map Z23-08 Future Land Use Map Z23-08 Mailout Map Initial Application Coeer Sheet Application Package PB Concept Plan Coeer Sheet Board of Commissioners - April 3, 2023 ITEM: 11 7620 Market Street Concept Plan Z23-08 Public Comments Co\,er Sheet Z23-08 Opposition Comments COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval with conditions as presented by staff. COMMISSIONERS' ACTIONS: Approved 4-0 with recommend conditions. Board of Commissioners - April 3, 2023 ITEM: 11 BOARD OF COMMISSIONERS SCRIPT for Zoning Map Amendment Application (Z23-08) Request by Cindee Wolf with Design Solutions, applicant, on behalf of Bayshore Estates, INC, property owner, to rezone approximately 2.74 acres of land located at 7620 Market Street from R-15, Residential to (CZD) B-1, Neighborhood Business for a two-story commercial structure and to remove the Special Highway Overlay District (SHOD) from the property and other limited commercial uses. 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-1 district and removing the parcel from the Special Highway Overlay District. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is located in an area designated as Community Mixed Use, is located along a major roadway corridor between the City of Wilmington and the Porters Neck growth node where transitional uses would be appropriate, and provides for the uses that are recommended within this area. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal provides neighborhood -serving commercial development. Proposed Conditions: 1. The permitted uses will be limited to Bank and/or Financial Institutional, Business Services, Restaurant (no drive-thru), Offices for Private Business & Professional Activities, Instructional Services & Studios, Personal Services (no tattoo parlors), and General Retail Sales. Board of Commissioners - April 3, 2023 ITEM: 11- 1 - 1 2. Development of the site will be subject to all applicable standards of the Special Highway Overland District (SHOD) described in Section 3.5.3 of the Unified Development Ordinance with the exception that the front property setback shall reflect the minimum setback of 25 feet as currently prescribed for the B-1 zoning district. 3. 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 twelve (1 2') feet. 4. Tree protection fencing shall be installed along the proposed fence line prior to onset of any clearing or grading, and the area behind shall be left totally undisturbed. 5. There shall be no outdoor amplification of noise at any time. 6. Outdoor seating for any restaurant use shall be sited between the front of the building and the Market Street right-of-way. Example Motion for Denial I move to DENY of the proposed rezoning to a (CZD) B-1 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is located in an area designated as Community Mixed Use, is located along a major roadway corridor between the City of Wilmington and the Porters Neck growth node where transitional uses would be appropriate, and provides for the uses that are recommended within this area, I find DENIAL of the rezoning request is reasonable and in the public interest because it is not consistent with the desired character of the surrounding community and will adversely impact the adjacent neighborhood. Alternative Motion for Approval/Denial: I move to [Approve/Deny] the proposed rezoning to a conditional B-1 district. I find it to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] I also find [Approval/Denial] of the rezoning request is reasonable and in the public interest because [insert reasons] Board of Commissioners - April 3, 2023 ITEM: 11- 1 - 2 STAFF REPORT FOR Z23-08 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z23-08 Request: Rezoning to a Conditional B-1 district Applicant: Property Owner(s): Cindee Wolfe with Design Solutions Bayshore Estates, LLC Location: Acreage: 7620 Market Street 2.74 PID(s): Comp Plan Place Type: R03600-005-020-01 1 Community Mixed Use Existing Land Use: Proposed Land Use: Undeveloped Commercial & Office Space, Retail Space Current Zoning: Proposed Zoning: R-15, Residential District (CZD) B-1, Conditional Neighborhood Business District CITY ��► �� .� �1l►j /� �` s ♦►�I �� oCZD, SURROUNDING AREA LAND USE ZONING North Market Street Right -of -Way, Undeveloped, Offices B-2, (CZD) 0&1, 0&1 East Single -Family Dwellings R-15 South Single -Family Dwelling, Undeveloped R-15 West Market Street Right -of -Way, Religious Institution, Commercial R-15, (CZD) O&I, (CZD) 13-1 Z23-08 Staff Report BOC 4.3.2022 Page 1 of 15 Board of Commissioners - April 3, 2023 ITEM: 11- 2 - 1 AERIAL' North ' 0 c site y Fyn , e + .. � :. 1•... y r•, N d,x+ � kRia ZONING HISTORY July b, 1971 Initially zoned R-15 (Area 5) COMMUNITY SERVICES Sewer services are available through CFPUA. Water is available through Water/Sewer CFPUA with a mainline extension or can be serviced by a private well system approved and permitted by the NHC Health Department. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Ogden Station Schools Porters Neck Elementary, Holly Shelter Middle, and Laney High Schools Recreation Ogden Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Z23-08 Staff Report BOC 4.3.2022 Page 2 of 15 Board of Commissioners - April 3, 2023 ITEM: 11- 2 - 2 APPLICANT'S PROPOSED CONCEPTUAL PLAN j Site Access North /,�fi I _ I Underground stormwater system 4bv = r Air �f uwy �` eemamr , d\cN atd Includes Staff Markups • The applicant is proposing to construct a 2-story, 20,800 square foot structure with 10,400 sq ft for retail uses and 10,400 square feet for office uses. The corresponding parking with an underground stormwater system for the site is located to the east of the building. • The proposed site plan limits the uses to the following: o Bank and/or financial institution o Business services o Restaurant (no drive-thru permitted) o Offices for private business & professional activities o Instructional services & studios o Personal services, general (no tattoo parlor permitted) o Retail sales, general • The proposed site is located in the SHOD, which prescribes a minimum 100' front setback for buildings, along with regulations pertaining to outdoor storage, parking and loading, lot coverage, and signs. Part of the applicant's request is to remove the SHOD zoning designation from the parcel so that the proposed structure would be subject to the B-1 district's 25' front yard setback instead of the SHOD's applicable 100' front setback. The applicant has agreed to a condition that the development will be compliant with all SHOD requirements aside from the setback. Z23-08 Staff Report BOC 4.3.2022 Page 3 of 15 Board of Commissioners - April 3, 2023 ITEM: 11- 2 - 3 • The UDO contains controls on exterior lighting on the site. The maximum illumination levels at the common property line with the residential properties shall not exceed 0.5-foot candles and 1.0-foot candles adjacent to the commercial uses. The height of exterior light fixtures shall not exceed 25 feet and all exterior luminaries shall be full cut-off fixtures that are directed downward. In no case shall lighting be directed at or above a horizontal plane through the lighting fixture. The applicant has provided a condition further limiting the height of light posts to a maximum of 20 feet. • An under -pavement stormwater system is proposed for this development. ZONING CONSIDERATIONS • The subject parcel's 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. • As currently zoned, the subject site would be allowed a maximum of 7 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 proposed site is located in the SHOD, which includes a larger front yard setback than the underlying and requested zoning districts. The SHOD also has regulations pertaining to outdoor storage, parking and loading, lot coverage, and signs. • The SHOD is designed to protect the natural beauty and scenic vista that exists along specially designated roadways that serve as major accessways and gateways into unincorporated New Hanover County. The SHOD also seeks for future structures to be located further from the right-of-way in anticipation of future widening of designated roadways, such as the Market Street corridor. • The UDO prescribes a Type A: Opaque Buffer between B-1 districts and adjacent residential uses. • 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. Z23-08 Staff Report BOC 4.3.2022 Page 4 of 15 Board of Commissioners - April 3, 2023 ITEM: 11- 2 - 4 :t TRANSPORTATION Site Access N a�pR a Primary Access: Co`r Market St GpPP r�L - Oa�!Qi �a9e.�a ne �o e CURRENT CONDITIONS Intensity of Current Zoning Typical development under current zoning would allow a maximum of 7single-family dwelling units. PROPOSED ACCESS Primary Access Market Street via a right -in, right -out driveway. Secondary Access N/A Z23-08 Staff Report BOC 4.3.2022 Page 6 of 15 Board of Commissioners - April 3, 2023 ITEM: 11- 2 - 6 EXISTING ROADWAY CHARACTERISTICS Affected Roadway Market Street Type of Roadway NCDOT major arterial Roadway Planning Capacity (AADT) 37,232 Latest Traffic Volume (AADT) 42,500 Latest WMPO Point -in -Time County (DT) Not available near subject parcel Current Level of Congestion Over Capacity Sources Source of Planning Capacity: WMPO Source of Latest Traffic Volume: NCDOT (2021 ) NEARBY NCDOT STIP ROADAWAY PROJECTS - Access management improvements from N. College Road to Station Road and from Middle Sound Loop Road to the Mendenhall Drive/Marsh Oaks Drive intersection. - Installation of a center median and pedestrian accessways along Market Street from Middle U-4902D — Market Street Improvements Sound Loop Road to Marsh Oaks Drive. The (2023 Completion) pedestrian accessways will consist of a 10-foot wide multi -use path on the eastern side of the street and a 5-foot wide sidewalk on the western side of the street. - With the widening of Market Street there will be a signalized U-turn with a bulb -out just south of the proposed entrance. - Project to extend Military Cutoff Road from Market Street to 1-140 Bypass. U-4751, U-4751 A — Military Cutoff - The project will also install a sidewalk and multi - Extension (2023 Completion) use path along the extension of Military Cutoff and the sections of Market Street included in the project. Z23-08 Staff Report BOC 4.3.2022 Page 7 of 15 Board of Commissioners - April 3, 2023 ITEM: 11- 2 - 7 TRAFFIC GENERATION Traffic Generated Potential Traffic Generated by by Proposed Impact of Present Designation D Designation Proposed Designation AM Peak Hour Trips 5 49 +44 PM Peak Hour Trips 7 94 +87 Typical Development with Existing Zoning — 7 single family detached Assumptions dwellings Proposed Development — 10,400 sf retail and 10,400 office uses Sources Source of Trip Generation: ITE Trip Generation Manual, 1 1'h Ed. TRAFFIC IMPACT ANALYSIS (TIA) 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). SUMMARY The proposed project is located along a major arterial highway that is currently over capacity; however, the Market Street widening project and Military Cutoff Extension project will be completed in 2023 and are anticipated to decrease congestion in this area. Several other projects are currently under review or development in the vicinity; and while their traffic impact analyses did not take this proposal into account, all were developed to take into account general traffic growth in the area. The prosed project's peak hour traffic is below the 100 peak hour threshold requiring a traffic impact analysis, but NCDOT will review the project through the driveway permitting process. ENVIRONMENTAL • The property is not within a Natural Heritage Area. • The property is located within the Pages Creek watershed. • The subject site is not located within any Special Flood Hazard Areas. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class III soils, which indicates severe limitation. However, the site is expected to be served by CFPUA sewer when developed. Water service would require a mainline extension from CFPUA or a well permitted by NHC Environmental Health. Z23-08 Staff Report BOC 4.3.2022 Page 8 of 15 Board of Commissioners - April 3, 2023 ITEM: 11- 2 - 8 OTHER CONSIDERATIONS Representative Developments of Current R-15 Zoning Pages Corner Clay Crossing Z23-08 Staff Report BOC 4.3.2022 Page 9 of 15 Board of Commissioners - April 3, 2023 ITEM: 11- 2 - 9 Representative Comparable Developments of existing (CZD) B-1 Two-story development, Courtyard at Masonboro Two-story development, Masonboro Station Z23-08 Staff Report BOC 4.3.2022 Page 10 of 15 Board of Commissioners - April 3, 2023 ITEM: 11- 2 - 10 Context and Compatibility • The property is located along Market Street, a major commercial corridor. • This property is between the Porters Neck Growth Node, an area of the County that is seeing rapid growth, and the City of Wilmington. • The surrounding land to the south and east is zoned residential and is predominately developed with single-family dwellings. Parcels to the west and north are zoned residential, commercial, or Office and Institutional. Uses of these parcels are either commercial or institutional. • Prior to the Market Street widening project, the SHOD district was overlayed along the corridor and includes the subject site. This district sought to distance future structures from the Market Street right-of-way in preparation for the widening of the roadway to create a consistent corridor. • The applicant has conditioned the parcel to remove the SHOD setback. The proposed structure is in line with the setbacks of adjacent structures from the Market Street roadway. • The project is conditioned to adhere to all other applicable SHOD standards. There standards include additional requirements pertaining to landscaping, enclosed facilities, outdoor storage, parking and loading, and lot coverage. • After the anticipated completion of the Military Cutoff Rd. extension in 2023, some of the traffic flow is expected to be alleviated in this area. 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. � o.. •. I�j III' � .•� UIENERAL RESIDENTIAL ■ 7 COMMUNITY MIXED U Z23-08 Staff Report BOC 4.3.2022 Page 11 of 15 Board of Commissioners - April 3, 2023 ITEM: 11- 2 - 11 Future Land Use Community Mixed Use Map Place Type Focuses on small-scale, compact, mixed use development patterns that serve Place Type all modes of travel and act as an attractor for county residents and visitors. Description Types of appropriate use include office, retail, mixed use, recreational, commercial, institutional, multi -family and single-family residential. The subject property is located in the northeastern portion of the county along a major road corridor, between the City of Wilmington and the Porters Neck Growth Node. It is in close proximity to both residential uses and other commercial services. The Comprehensive Plan classifies the property as Community Mixed Use, which promotes development of small-scale, mixed -use developments. This place type is common for areas along highway corridors. This place type assignment is intended to support more density near major roads with a transition to lower densities adjacent to existing lower intensity residential neighborhoods. The subject property would ideally provide for the needs of adjacent Analysis residential neighborhoods and support multi -modal connections to the higher intensity growth node to the Northeast. The proposed project can provide lower -intensity commercial services for nearby residents, while incorporating the planned Market Street multi -use path (U-4902D) and improving road interconnectivity that will provide additional access for residents of the abutting neighborhoods. The applicant is proposing a 20,800 sq ft, 2-story building on a 2.74-acre site. The proposal would allow for the types of uses recommended within the Community Mixed Use place type. Commercial uses and office space are encouraged along major roadway corridors, and the proposed development could serve as a transition between the Market Street corridor and the lower intensity, single-family residential uses to the east. The proposed rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because it is located in an area designated as Consistency Community Mixed Use, is located along a major roadway corridor between Recommendation the City of Wilmington and the Porters Neck growth node where transitional uses would be appropriate, and could provide for the uses that are recommended within this area. Z23-08 Staff Report BOC 4.3.2022 Page 12 of 15 Board of Commissioners - April 3, 2023 ITEM: 11- 2 - 12 PLANNING BOARD MEETING The Planning Board considered this application at their March 2, 2023 meeting. Three individuals spoke in opposition to the request, with concerns over lighting, noise, and safety. The Planning Board unanimously recommended approval of the petition (7-0), with the following conditions: Proposed Condition: 1. The permitted uses will be limited to Bank and/or Financial Institutional, Business Services, Restaurant (no drive-thru), Offices for Private Business & Professional Activities, Instructional Services & Studios, Personal Services (no tattoo parlors), and General Retail Sales. 2. Development of the site will be subject to all applicable standards of the Special Highway Overlay District (SHOD) described in Section 3.5.3 of the Unified Development Ordinance with the exception that the front property setback shall reflect the minimum setback of 25 feet as currently prescribed for the B-1 zoning district. 3. 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 twelve (1 2') feet. 4. Tree protection fencing shall be installed along the proposed fence line prior to onset of any clearing or grading, and the area behind shall be left totally undisturbed. 5. There shall be no outdoor amplification of noise at any time. b. Outdoor seating for any restaurant use shall be sited between the front of the building and the Market Street right-of-way. 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. Z23-08 Staff Report BOC 4.3.2022 Page 13 of 15 Board of Commissioners - April 3, 2023 ITEM: 11- 2 - 13 STAFF RECOMMENDATION Staff's recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning considerations, and technical review. The subject site is located between the City of Wilmington and the Porters Neck growth node, along one of the county's most developed corridors. The proposal allows for the types of uses and intensities recommended for the area and could serve as an appropriate transition between the heavily traveled roadway corridor and the established residential uses to the east. Furthermore, the future uses proposed could provide services in close proximity to the established residential 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-1 district and removing the parcel from the Special Highway Overlay District. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is located in an area designated as Community Mixed Use, is located along a major roadway corridor between the City of Wilmington and the Porters Neck growth node where transitional uses would be appropriate, and provides for the uses that are recommended within this area. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal provides neighborhood -serving commercial development. Proposed Conditions: 1. The uses will be limited to Bank and/or Financial Institutional, Business Services, Restaurant (no drive-thru), Offices for Private Business & Professional Activities, Instructional Services & Studios, Personal Services (no tattoo parlors), and General Retail Sales. 2. Development of the site will be subject to all applicable standards of the Special Highway Overlay District (SHOD) described in Section 3.5.3 of the Unified Development Ordinance with the exception that the front property setback shall reflect the minimum setback of 25 feet as currently prescribed for the B-1 zoning district. 3. 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 twelve (1 2') feet. 4. Tree protection fencing shall be installed along the proposed fence line prior to onset of any clearing or grading, and the area behind shall be left totally undisturbed. 5. There shall be no outdoor amplification of noise at any time. 6. Outdoor seating for any restaurant use shall be sited between the front of the building and the Market Street right-of-way. Z23-08 Staff Report BOC 4.3.2022 Page 14 of 15 Board of Commissioners - April 3, 2023 ITEM: 11- 2 - 14 Alternative Motion for Denial (If based on information presented at the public hearing or other considerations beyond the scope of staff review, the Board finds denial appropriate.) I move to DENY the proposed rezoning to a (CZD) B-1 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because it is located in an area designated as Community Mixed Use, is located along a major roadway corridor between the City of Wilmington and the Porters Neck growth node where transitional uses would be appropriate, and provides for the uses that are recommended within this area, I find DENIAL of the rezoning request is reasonable and in the public interest because it is not consistent with the desired character of the surrounding community and will adversely impact the adjacent neighborhood. Z23-08 Staff Report BOC 4.3.2022 Page 15 of 15 Board of Commissioners - April 3, 2023 ITEM: 11- 2 - 15 Case: Site Address: Existing Zoning/Use: Proposed Zoning/Use: NT Z23-08 7600 Block of R-15 CZD B-1 Market St ov fit. ik�Ya P ,, an-01 �R �}r' IMF 3 w� ¢���, , � �� J ✓ri`p� - , . `�iw ,. G r y. A - + 01 fh /C I ; ,• ��`°� .� 2 t .,,� 5r ,+� v ,. - ^ �4 w� Via, ty ;� „� .' � .'aK ^'ti � �• ^.. ��" r �r� �'"�� sit ® >' Z23-08 O•" OdT ,f` , r e r fi LA ZONING "� . ;. (\ 0 - 0 R-10 ✓�" �� u a w�ndson 0 R-15`!� ��� 9' Rd CITY +� , Bays 0 CS r s a ,,*. .,• CZD f� V, �,. 0 250 500 US Feet ITEM: ; Boar of Commission - 3, Bayshore Dr. �,� Case: Site Address: Existing Zoning/Use: Proposed Zoning/Use: NT Z23-08 7600 Block of R-15 CZD B-1 Market St o a � sh 0 p FSite 23-08 Elkmont 0 o' �a o Wind Future Land Use SOng Rd GENERAL RESIDENTIAL Bayshore pr Y COMMUNITY MIXED USE .o' Incorporated_Areas A Boar of Commission - 3, 23 0 250 500 US Feet Case: A.cJ-vo Site Address: 7600 Block of Market St Existing Zoning/Use: Proposed Zoning/Use: CZD B-1 • 7721 • 107 7655 • 7710 103 106 • 7706 a 7650 0 7658 �v 102 7649 • 7633 ,N • • 7656 d/ 7643 0 7654 ��� • •7644 7662 •7 46 8 • 110 762.7 e 7640 • G~0eh 7517 �.'�h ��P��O • Site 106 ~ Z23 -08 7623 762:7627 7703 • 7600 • • • 7701 • • �oh7621 •17 • 7624� 7590 7613 � 7620 0770( • 7 09_ /�a' •7616• • fee 7612 7605 7608 7605 76010 /y� • • ��� • v0 •7604 •7603 7521 7600 •7520 •7517 • •217 7500 • 7680 • 7664 N r Ak or ❑ Neighboring Parcels (500 feet) 0 250 500 US Feet Initial Application Documents & Materials Board of Commissioners - April 3, 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 (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. Public 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 & Hearing & Commissioners Limitations and Meeting Acceptance & Staff Report Notification Recom- Hearing & Actions JRC Optional) mendation Decision IF 1. Applicant and Property Owner Information Applicant/Agent Name Owner Name (if different from Applicant/Agent) Cindee Wolf Bayshore Estates, Inc. Company Company/Owner Name 2 Design Solutions Address Address P.O. Box 7221 P.O. Box 3649 City, State, Zip City, State, Zip Wilmington, NC 28406 Wilmington, NC 28406 Phone Phone 910-620-2374 910-762-2676 Email Email cwolf@lobodemar.biz Contact: Hill Rogers / hill@cameronco.com Board of Commissioners - April 3, 2023 Page 1 of 6 ITEM: 11- 7-C2onditional Zoning District Application — Updated 02-2022 2. Subject Property Information Address/Location Parcel Identification Number(s) 7620+/- Market Street 315912.95.8968 / R03600-005-020-011 Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification 2.74 ac. +/- R-15 / Vacant Community Mixed -Use 3. Proposed Zoning, Use(s), & Narrative Proposed Conditional Zoning District: (CZD) B-1 I Total Acreage of Proposed District: 2.74 ac.+/- Please list the uses that will be allowed within the proposed Conditional Zoning District, the purpose of the district, and a project narrative (attach additional pages if necessary). Note: Only uses permitted in the corresponding General Use District are eligible for consideration within a Conditional Zoning District. The proposed project is to develop a 2-story commercial structure with basic commercial uses on the ground floor & offices on the second floor, for a total gross floor area of approximately 32,000 square feet. The building has been oriented up at the highway frontage of the tract to both screen the view of the parking areas, and to provide max. distance of separation from it and the single-family residences behind the tract. The SHOD Overlay District will be eliminated. The building heights will be a maximum of forty (40) feet, typical of the allowance in the surrounding neighborhoods. A combination of screening fencing, preservation of existing natural vegetation along boundaries of the tract bordering residential zoning or use, and supplemental landscaping will provide visual buffering. Access is directly to Market Street at a point of intersection designated by NCDOT in accordance with the current road improvements project that is soon to be completed. Water & sanitary sewer services will be connected to the CFPUA system by extension of public utility mains. Stormwater management is planned to be addressed with an under -pavement facility, designed to meet all State regulations for water -quality control and County requirements for pre- / -post attenuation. 4. Proposed Condition(s) Note: Within a Conditional Zoning District, additional conditions and requirements which represent greater restrictions on the development and use of the property than the corresponding general use district regulations may be added. These conditions may assist in mitigating the impacts the proposed development may have on the surrounding community. Please list any conditions proposed to be placed on the Conditional Zoning District below. Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process. Reference the site plan for layout and physical conditions. Uses will be limited to: Bank and/or financial Institutions, business services, restaurant (no drive-thru), offices for private business & professional activities, instructional services & studios, personal services (no tattoo parlors), and general retail sales. 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 sixteen (16) feet. Board of Commissioners - April 3, 2023 Page 2 of b ITEM: 11- 7-C3onditional Zoning District Application — Updated 02-2022 5. Traffic Impact Please provide the estimated number of trips generated for the proposed use(s) based off the most recent version of the Institute of Traffic Engineers (ITE) Trip Generation Manual. A Traffic Impact Analysis (TIA) must be completed for all proposed developments that generate more than 100 peak hour trips, and the TIA must be included with this application. Shopping Center (820) 16,000 s.f.+/- GFA & ITE Land Use: General Office (710) 16,000 s.f.+/_ GFA Trip Generation Use and Variable (gross floor area, dwelling units, etc.) Gross Floor Area AM Peak Hour Trips:15 + 25 = 40 PM Peak Hour Trips: 59 + 24 = 83 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 already accessible to urban services. The proposed project is typical of other commercial development along the Market Street corridor. Board of Commissioners - April 3, 2023 Page 3 of 6 ITEM: 11- 7-6onditional Zoning District Application — Updated 02-2022 2. How would the requested Conditional Zoning district be consistent with the property's classification on the 2016 Comprehensive Plan's Future Land Use Map. The Comprehensive Plan was developed to set the general direction for future growth and re -development across the County, and identifies the corridor along Market Street as a Community Mixed -Use place -type. Commercial use and services are appropriate, based on direct access to a major thoroughfare road, and to serve as transitions between the busy highway corridor and less dense residential communities beyond. 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? Market Street is an arterial roadway that supports vehicular circulation for residents throughout the northern portion of the County. The NCDOT public road project to provide a center median along this entire length of Market Street form Ogden to Porters Neck is finally nearing completion, and will vastly improve safety along the busy corridor. The existing low -density residential zoning district of R-15 is no longer an attractive or reasonable use of properties fronting the highway. Board of Commissioners - April 3, 2023 Page 4 of 6 ITEM: 11- 7 -conditional Zoning District Application — Updated 02-2022 Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under "Applicant Initial". If an item is not applicable, mark as "N/A". Applications determined to be incomplete must be corrected in order to be processed for further review; Staff will confirm if an application is complete within five business days of submittal. Application Checklist ® This application form, completed and signed Application fee: Applicant Initial CAW • $600 for 5 acres or less • $700 for more than 5 acres • $300 in addition to base fee for applications requiring TRC review CAW ® Community meeting written summary CAW ❑ Traffic impact analysis (if applicable) • The official TIA approval letter is recommended prior to this item being placed on the Planning Board meeting agenda. The Planning Board may choose to continue the hearing until the official TIA approval letter is provided. • The official TIA approval letter is required prior to this item being placed on N/A 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 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 - April 3, 2023 Page 5 of 6 ITEM: 11- 7-&nditional Zoning District Application — Updated 02-2022 7. Acknowledgement and Signatures By my signature below, I understand and accept all of the conditions, limitations, and obligations of the Conditional Zoning District zoning for which I am applying. I understand that the existing Official Zoning Map is presumed to be correct. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. If applicable, I also appoint the applicant/agent as listed on this application to represent me and make decisions on my behalf regarding this application during the review process. The applicant/agent is hereby authorized on my behalf to: 1. Submit an application including all required supplemental information and materials; 2. Appear at public hearings to give representation and comments; 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 4l Pr i written consent to any and all conditions of approval. William H Cameron - President Signature of Property Owner(s) Print Name(s) Bayshore Estates, Inc. Signature of Applicant/Agent Cynthia Wolf - Design Solutions Print Name Note: This form must be signed by the owner(s) of record. If there are multiple property owners, a signature is required for each owner of record. If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will be 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 of the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. Page 6of6 Board of Commissioners - BWi1i3iip2623onin9 District Application —Updated 02-2022 ITEM: 11- 7 - 7 w LEGEND 1—'�/— 110 VICINITY MAP NOT TO SCALE 10 SITE SyORF�olki CLASS OF SURVEY: A POSITIONAL ACCURACY: 0.07' TYPE OF GPS FIELD PROCEDURE: NC REALTIME NETWORK DATES OF SURVEY: NOVEMBER 2022 DATUM/EPOCH: NAD83/NSRS2011/NAVD88/SPC GEOID MODEL: 18 COMBINED GRID FACTOR(S):1.00001439245 UNITS: US SURVEY FEET O EXISTING BOUNDARY CORNER FOUND / S76° 49' 39"W 15 37' / EIR / OP N/F O / JAMES T. BALKCUM JR. DOROTHY T. BALKCUM PID R03600-005-037-002 �O DB 1403 PG 1256 O 7644 MARKET :ST. / INSET "A" SCALE: 1" = 1' S70° 28' 55"W 0.9 2, 01.,E 4' (TIE ONLY) S77° 4 254.10, a' EIP S78° 14'45.,E 0 49.89, --- 1" EIP �J �`!' QQ. N/F JIMMYDOT, LLC PID R03600-005-038-000 DB 6151 PG 558 BOUNDARY CORNER SET o ° �� / 7640 MARKET ST. (#5 REBAR UNLESS OTHERWISE NOTED) (TIE ONLY) SSMH L0 �R`� O / / / ® COMPUTED POINT C � / ® CONCRETE MONUMENT FOUND / / EIR® S82° 49' 08„E 133 24' Q / ® MANHOLE s 18.47' pZ / —OHE OVERHEAD UTILITY / ?o- 143.37'(MEASURED S80° 03'42.,E / M ® SANITARY SEWER EASEMENT N83° 01 55 W 156• ( EED 51•29' EIR EIP EXISTING IRON PIPE �� N4 ° 30' 28"E 03 D ) SSMH' / u) zcl� Z rn oo 00 Z IM CD _ O j c4 _ U z - o °- X LLJ W O7 W > r, 00 > a X Z) cal W Lai � U D W z C:)> (n i W 8O z LL "J a w w i U) L) < C) goo ^ m Z EIR EXISTING IRON REBAR �Q O S78° 14' S7 ° SEE INSET "A" J `� W /pL 46.19' (T) 44"E 7 42, � z W IPS IRON PIPE SET / �� �� 50.63' / 01^E 254 ` Q LLI Z CMF CONCRETE MONUMENT FOUND 1p, CC W Z PKS PK NAIL SET / Q�Q,C' / �� / /V76° G ui N O PKF PK NAIL FOUND Q/ / O / 4j'41,,V� �10•Slp �(T1 w Z N = �� �Q / / 241 15, CE�ETgACK S7g,E ONLY) — SSMH SANITARY SEWER MANHOLE p 14'45„ DB DEED BOOK pGO / 24 Q Z PINE O / / � / /49 8g, E 0 PG PAGE / 4j Or / / �"� — 4"EIR m W BM BOOK OF MAPS / ^� / SANITARY SEWER EASEMENT _ R/W RIGHT OF WAY ��/ / / / VARIABLE WIDTH / \ POB POINT OF BEGINNING '� /�Q� / �� , (DB 2830 PG 54) �� \ (T) TOTAL 24" 0�O PINEJ/ / O / BUILDING SETBACKS: / _ ��O / // / EIR \ (PER NEW HAVEN COUNTY ZONING) / r FRONT:25' 06 SIDE (STREET): 15' / •01 SIDE (INTERIOR): 10' REAR: 20' / j060 �b� O / 30' �b 0 �L IA N/F / 15' / pr / �Q °O HEAVEN SOUTH, LLC. (�� R� PID R03619-016-029-000 \ N73° 16' 54"E �D`t c��� /y / �P�/ D 6589 PG 29 PG 1830 29.32' / F'G 30 POWER EASEMENT ti4" EIR LOT#14 20R/W (PB 54, PG. 59 AND PB CMF 7625 LOST TREE Z'/ 54, PG. 79) / N/F \ 10 Sl\/ / SCOTT M. OBERHOLZER a/ R/W 1SETgAC / Z� / / ASHLEY A. OBERHOLZER \ CMF�N73o 16' 54"E 4 --1-0' 4. 15, \K� / p/ PID R03619-016-030-000 �2 56.88 �E' IRS/ / / DB 5762 PG 183 ro .O- (TIE ONLY) / N73 24" PINE PB29 #G3 2 \ 2g, 5 \ 01 Z�Dl/ N/F / / 361.82\ \ 7623 LOST TREE RD. �• �O1 DARLENE R. PRIDGEN �!) / PID R03600-005-039-001 Q� Q�IP GDB 5199 PG 165 / Q�ti / 217 67' \ / N/F �PQJp�� 7600 MARKET ST. / O / \ SARAH E. BELL PID R03619-016-031-000 DB 5762 PG 183 N/F PB 29 PG 22 / O / BARBARA A. JORDAN �� LOT #12 PID R03600-005-039-000 dl ,7621 LOST TREE RD. DB 6096 PG 1208 EIR CONTROL CORNER 7590 MARKET ST. 5�� (NAD 8 3NSRS 2011 /SPC/NAVD88) EIR N:195827.69' E:2360063.57' N/F ROBERT E. DOLAN / LINDA J. DOLAN PID R03619-016-032-000 DB 6088 PG 1356 PB 29 PG 22 LOT #11 7617 LOST TREE RD. / I CERTIFY THAT THIS MAP DRAWN UNDER MY SUPERVISION / FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION / (DEED DESCRIPTION RECORDED IN BOOK 681, PAGE 107); THAT / THE BOUNDARIES NOT SURVEYED ARE INDICATED AS DRAWN FROM INFORMATION SHOWN HEREON; THAT THE RATIO OF PRECISION IS 1:10,000+; AND THAT THIS MAP MEETS THE REQUIREMENTS OF THE STANDARDS OF PRACTICE FOR LAND SURVEYING IN NORTH CAROLINA(21 NCAC 56.1600). THIS 12TH DAY OF DECEMBER„ 2022. '$����'CA #• ? �N RD i.•••••••`r/L i F. COP , PL L= 0 6 ; S S ;•'pF� to•••••2 ; GRAPHIC SCALE • 50 0 25 50 100 200 tc SEAL ter= \ L-5046 i � 7 \p.= • •. O .• • • 'P ••.• SURv•..• J ; (IN FEET) 1 inch =50 ft. DEED/PLAT REFERENCES: DB 6553, PG 1580 DB 681, PG 107 DB 6096, PG 1208 DB 6116, PG 437 DB 2830, PG 54 DB 3265, PG 219 PB 54, PG 79 PB 54, PG 59 THIS MAP IS OF AN EXISTING PARCEL OF LAND AND IS ONLY INTENDED FOR THE PARTIES AND PURPOSES SHOWN. THIS MAP NOT FOR RECORDATION. NO TITLE REPORT PROVIDED. NOTES 1. THE PROPERTY LIES IN ZONE'X' PER NATIONAL FLOOD INSURANCE PROGRAM FLOOD INSURANCE RATE MAP # 3720315900J DATED 04/03/2006. 2. ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES AND ALL BEARINGS ARE BASED ON GPS OBSERVATIONS. NAD 83/NSRS 2011/NAVD88, STATE PLANE COORDINATES, UNLESS OTHERWISE SHOWN. 3. SITE ZONED "R-15" PER NEW HANOVER COUNTY GIS. SETBACKS SHOULD BE VERIFIED BY APPROPRIATE AUTHORITIES. 4. AREAS COMPUTED BY COORDINATE METHOD. 5. THIS SURVEY WAS PREPARED BY BATEMAN CIVIL SURVEY COMPANY, UNDER THE SUPERVISION OF CLARITO F. CORPUS, JR, PLS. 6. SURVEY PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. 7. NO GRID MONUMENTS FOUND WITHIN 2000'. 8. THIS PROPERTY IS SUBJECT TO ALL EASEMENTS, RIGHT OF WAYS AND RESTRICTIVE COVENANTS OF RECORD. 9. THERE HAS BEEN NO INVESTIGATION, DESIGNATION OR LOCATION OF SUBSURFACE UTILITIES FOR THIS SURVEY. WATER AND SEWER UTILITIES PROVIDED BY CITY OF WILMINGTON. FOR EXTENT, SIZE, TYPE AND APPROXIMATE LOCATION CONTACT CITY OF WILMINGTON. 10. RIGHT-OF-WAY REPRODUCED FROM NCDOT TIP PROJECT: U-4902D SHEET 8. PLANS PROVIDED BY JAKE KOLTISKA, DIVISION 3, ASISTANT RESIDENT ENGINEER. 4_ :4b%%6 REVISIONS I 1. 2. 3. 4. 5. DESIGNED BY: BCSC DRAWN BY: MAS CHECKED BY: CFC SCALE: 1" = 50' DATE: 12/12/2022 DRAWING #: 22W109 SHEET 1 OF 1 imissloners - Hprl ITEM: 11- 7 - 9 Legal Description for Conditional District Rezoning of 7620+/- Market Street Beginning at a point in the southeastern boundary of Market Street (U.S. Hwy. 17), a 124' public right-of-way; said point being located at a point 62' perpendicular to the centerline, approximately 1580 feet from its intersection with Bayshore Drive; and running thence: South 82049'08" East, 133.24 feet to a point; thence South 80003'42" East, 51.29 feet to a point; thence South 77042'01" East, 254.10 feet to a point; thence South 45007'36" West, 379.68 feet to a point; thence North 73029'57" West, 361.82 feet to a point in the southeastern boundary of Market Street; thence with that right-of-way, North 73016'54" East, 29.32 feet to a point; thence North 42030'28" East, 54.04 feet to a point; thence North 28046'18" East, 185.30 feet to a point; thence North 42030'28" East, 46.19 feet to the point and place of beginning; containing 2.74 acres, more or less. Board of Commissioners - April 3, 2023 ITEM: 11- 7 - 10 REPORT OF COMMUNITY MEETING REQUIRED BY NEW HANOVER COUNTY ZONING ORIDINANCE FOR CONDITIONAL DISTRICT REZONINGS Project Name: Carson Commercial / 7620+/- Market Street Proposed Zoning: R-15 to (CZD) B-1 (2.74 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 January 17, 2023 . A copy of that written notice and site layout are also attached. The meeting was held at the following time and place: Monday, January 30t" 6:00 p.m.; at Picnic Shelter #2, Ogden Park. The persons in attendance at the meeting were: Reference attached sign -in list The following issues were discussed at the meeting: A brief presentation was given on the intent of the developer to construct a 2-story building & associated parking for commercial services and professional office space. The layout with the building addressing Market Street and the parking in the rear was explained with the intention of reducing any impacts to the adjacent residential properties. The buffering requirements on the UDO were described. The developer's agent & neighbors agreed to work together to assure minimal impacts by Preservation of the maximum existing vegetation along the common boundary as possible, and the location of an 8-foot high screening fence. Overall, the consensus appeared to be reasonable support. feelina that the proposed use was better than possible alternatives. Date: January 31. 2023 Applicant: By: Design Solutions Cindee Wolf Board ot Uommissioners - April ITEM: 11- 7 - 11 Community Information Meeting Bayshore Commercial Date: January 30, 2023 Name Address -- Email (Optional) �e"7f CQ 15� <I` Le o� t- I vik -I co 1 -1 L os+ I cee 1��C � I CA C(Ycq Cindee Wolf Project Planner cwolf@lobodemar.biz Board of Commissioners - April 3, 2023 ITEM: 11- 7 - 12 moiWobodemar.biz From: cwolf@lobodemar.biz Sent: Friday, January 20, 2023 10:03 AM To: 'Tom Riggins' Cc: Pete Vinal; 'tjl6963@yahoo.com' Subject: RE: 7620 market st building Mr. Riggins, Stormwater management is certainly a requirement. This project would be propose by under -pavement infiltration within the rear parking area. That is a very common method for treatment & attenuation on smaller commercial tracts with reasonably sandy soils. Detailed design & permitting will be based on actual soils testing for seasonal groundwater depth & infiltration rate, along with all other required calculations before construction can begin. Not having an open pond is often preferable when considering concerns such as fencing for safety & possibility of mosquito issues. Thank you for your interest. Cindee Wolf Tel. 910-620-2374 From: Tom Riggins <oopstom@gmail.com> Sent: Thursday, January 19, 2023 5:09 PM To: cwolf@lobodemar.biz Subject: 7620 market st building Looking at the site plan --I don't see a retention pond ! Living on Pages creek --we need to protect it from more runoff.. Regards, Tom Riggins 1 Board of Commissioners - April 3, 2023 ITEM: 11- 7 - 13 ! r -`lam /'�` • x� 7710 175 5 - ❑ / 706 ` 103 ■ . i 106 f f' / ❑ r % 7658 165 7607 / 650 102 P49 r 7 3 Cr 110 r�lT65B lie 7654 114 i ■ M'r ❑ 7644C3 u 'tiyy 4 l 7648 ■ `- ❑ i 7680 110 ■ 7627 `- 9�! 7640 C,� f ■ �- 127 1 ❑ 7517 7664 - ❑I p 7625 .7625. 13 7627 T-- -- 13 7701 1703 _ - -- ■ 06 7623 [� 7705 7600 ❑ ■ I ' 07709 � � 777313 ❑ 7627 J------- -_- r 77 _ " -- - - 7624 Y� Los7.7REE {` T77 f, 77 f r �.��_�/ :...` 7613 ',,•,�, 7620 ■ I ❑ 64l�. I { ■�'� Ji .., ` ■ ❑ .�� J p � II T7 rf 7779 0 543 r ti. J /I` f.< 61fi II ! 7712 . ■ �,' 7612 J fit,` ❑ ■❑ ` . 605 �q 608 J' ` : 1 � f � � ❑ ~� ❑ fi05 7606 ■ �. iT 7601 .' �' 7604 f 7521 7 600 / �--- - �, fi02 r ■ 520 5 i 1 T 7517 / 217 r 227 Board of Commissioners - April 3, 2023 ?25 ° New Hanover Counrr. NC I New Hanover County. NC ITEM: 11- 7 - 14 ADJACENT PROPERTIES WITHIN 500' PERIMATER OF 7620 MARKET STREET: PROPERTY OWNER MAILING ADDRESS CITY / STATE / ZIP PROPERTY ADDRESS 7650 MARKET STREET LLC 3811 COTTONWOOD DR DURHAM, NC 27705 7650 MARKET ST WILMINGTON AAA CAR WASH LLC 6600 AAA DR CHARLOTTE, NC 28212 WILMINGTON ACNS LLC PO BOX 10863 WILMINGTON, NC 28404 7649 MARKET ST WILMINGTON BALKCUM JAMES T JR DOROTHY 156 EDGEWATER LN WILMINGTON, NC 28403 7644 MARKET ST WILMINGTON BASS WILLIAM R JUDY B 7701 LOST TREE RD WILMINGTON, NC 28405 7701 LOSTTREE RD WILMINGTON BAYSHORE ESTATES INC PO BOX 3649 WILMINGTON, NC 28406 BEHAJ GJERGI 7627 LOST TREE RD WILMINGTON, NC 28411 7627 LOSTTREE RD WILMINGTON BELL ROBERT B III GAYLE T ETAL 7621 LOST TREE RD WILMINGTON, NC 28405 7621 LOST TREE RD WILMINGTON BOOTH ANGELA L 7601 LOST TREE RD WILMINGTON, NC 28411 7601 LOSTTREE RD WILMINGTON BURNS CASEY G ETAL 6442 SHINNWOOD RD WILMINGTON, NC 28409 7703 LOST TREE RD WILMINGTON CHRISTS SANCTIFIED HOLY CHURCH PO BOX 298 HAMPSTEAD, NC 28443 7517 MARKET ST WILMINGTON COBLE MCFAYDEN INVESTMENTS LLC 7244 MARKET ST WILMINGTON, NC 28411 7627 MARKET ST WILMINGTON COX LAWRENCE H ETAL 7613 LOST TREE RD WILMINGTON, NC 28411 7613 LOSTTREE RD WILMINGTON DHP INVESTMENTS LLC 7655 MARKET ST STE B WILMINGTON, NC 28411 7655 MARKET ST WILMINGTON DOLAN ROBERT E LINDAJ 7617 LOST TREE RD WILMINGTON, NC 28411 7617 LOSTTREE RD WILMINGTON DUDLEY MARK W SAMATHA J R 7700 LOST TREE RD WILMINGTON, NC 28405 7700 LOST TREE RD WILMINGTON GEIGER BARBARAA 7609 LOST TREE RD WILMINGTON, NC 28405 7609 LOSTTREE RD WILMINGTON HEAVEN SOUTH LLC 210 SPARKLING LAKES RD HIGHLANDS, NC 28741 7625 LOST TREE RD WILMINGTON JACKSON INVESTMENTS 446 AQUARIUS DR WILMINGTON, NC 28411 7654 MARKET ST WILMINGTON JIMMYDOT LLC 7718 MARKET ST WILMINGTON, NC 28411 7640 MARKET ST WILMINGTON JORDAN BARBARA A 7590 MARKET ST WILMINGTON, NC 28411 JORDAN BARBARA ANN 7590 MARKET ST WILMINGTON, NC 28405 7590 MARKET ST WILMINGTON JORDAN BARBARA ANN 7590 MARKET ST WILMINGTON, NC 28405 7590 MARKET ST WILMINGTON KENNEDY ROBERT L LISA LEE 7616 LOST TREE RD WILMINGTON, NC 28411 7616 LOST TREE RD WILMINGTON LORD AUSTIN C SUZETTE ADRIANA 7600 LOST TREE RD WILMINGTON, NC 28411 7600 LOSTTREE RD WILMINGTON LOST SPRING PROPERTIES LLC 249 MARE POND PL HAMPSTEAD, NC 28443 7643 MARKET ST WILMINGTON LOST SPRING PROPERTIES LLC 249 MARE POND PL HAMPSTEAD, NC 28443 106 MARSHALL CT WILMINGTON LOST SPRING PROPERTIES LLC 249 MARE POND PL HAMPSTEAD, NC 28443 102 MARSHALL CT WILMINGTON LOST TREE LLC 7722 LOST TREE RD WILMINGTON, NC 28411 7658 MARKET ST WILMINGTON MARSDEN JAMES F PATRICIA M 7624 LOST TREE RD WILMINGTON, NC 28411 7624 LOST TREE RD WILMINGTON MILLER DAN 0 JR CATHERINE F 7705 LOST TREE RD WILMINGTON, NC 28411 7705 LOSTTREE RD WILMINGTON NORTON CAROL B 7605 LOST TREE RD WILMINGTON, NC 28405 7605 LOST TREE RD WILMINGTON OBERHOLZER SCOTT M ASHLEY A 7623 LOST TREE RD WILMINGTON, NC 28411 7623 LOSTTREE RD WILMINGTON PRIDGEN DARLENE R 631 CREEKWOOD RD WILMINGTON, NC 28411 7600 MARKET ST WILMINGTON SHANNAHAN MEGAN L 7620 LOST TREE RD WILMINGTON, NC 28411 7620 LOSTTREE RD WILMINGTON SITES BRETT BURKLEY 7604 LOST TREE RD WILMINGTON, NC 28411 7604 LOST TREE RD WILMINGTON TIETJEN BRANDON ETAL 7608 LOST TREE RD WILMINGTON, NC 28411 7608 LOSTTREE RD WILMINGTON VIGNEAULTADRIAN W MELISSA A 7521 LOST TREE RD WILMINGTON, NC 28411 7521 LOSTTREE RD WILMINGTON WHITMARSH NIGEL 1 7612 LOST TREE RD WILMINGTON, NC 28411 7612 LOSTTREE RD WILMINGTON Board of Commissioners - April 3, 2023 ITEM: 11- 7 - 15 Design Solutions January 17, 2023 To: Property Owners in the Vicinity Re: 7620 Market Street Commercial A commercial project is proposed for a vacant tract at the referenced address. This proposal would require a Conditional Zoning District (CZD) approval from New Hanover County. A Conditional Zoning District allows particular uses to be established only in accordance with specific standards and conditions pertaining to each individual development project. Essentially, this means that only that use(s), structure and layout of an approved proposal can be developed. An exhibit of the project layout is enclosed. The building would be 2-story, but oriented along the Market Street frontage, with only the parking being to the rear of the power line easement. The uses would be limited to common retail -style shops on the ground floor, and professional offices above. A meeting will be held on Monday, January 30t", 6:00 p.m., at Picnic Shelter #2, Ogden Park Drive (north side of the lake adjacent to the Dog Park). It will provide an opportunity for further explanation of the proposal and for questions to be answered concerning project improvements, benefits and impacts. If you cannot attend, you are also welcome to contact me at telephone # 910-620-2374, or email cwolf@lobodemar.biz with comments and/or questions. We appreciate your interest in the project, look forward to being an asset to the community. i OGDEN PARK �o DRIVE Loeii.cn % ■ PICNIC SHELTER / #2 STREET OR GORDON ROAD ROCK ' ugh � CREI �TRArr.MgRN r � • Rt C Q� MILJTARY 1L OQ[1S T CUTOFFF ROAD �CNGBpA�rr Board of Commissioners - April 3, 2023 ITEM: 11- 7 - 16 A �1p i� r• ' W 1 flt. 1 . 1. 411 Bayshore Estates � �• •err � t Tree A.oad Concept Plan Board of Commissioners - April 3, 2023 ITEM: 11- 8 - 1 Coble Mcfayden Investments, LLC D.B. G574-2898 Zoning: (CZD) OBI Land Use: Offices / QJ V� Chrl5t5 5antlfled Holy Church / D.B. 15G9-535 Zoning: R-1 5 \ \ Land Use: Religious Institution / \� vJ J' CJ� CA P.O. BOX 72.21- Wilmingtoh, NC 28406 Tel. 9l-0-620-2374 0 oesign So lu tr ovis n/f / Lost 5princg Properties, LLC D.B. G 1 37-2G37 Zonmg:0t-1 Land Use: / Offices / / A / n/f Barbara Ann Jordan D.B. 1 200-47 1 n/f James Dorothy Balkcum n/f Robert Linda Dolan D.B. G088- 135G Zoning: R- 15 Land Use: Residential n/f Jlmmydot, LLC D.B. G 15 1 -558 32 \ \° 42, 0 " E e \ 0 \ C G at °Z n/f Scott * Ashley / 61aw0 � ,�, Oberholzer 1 01 D.B. 57G2- 183 Zoning: R- 15 /I ) Land Use: \ Residential n/f Robert Gayle Bell etal D.B. GOOO-998 Zoning: R- 15 Land Use: Residential Project No.: 23-08 Scale: 1"=30' Date: 02/ 1 2/23 ReV150n5: Utility Notes: I . Existing water and sanitary sewer services are currently available to the site from Cape Fear Public Utility Authority public mains. 2. All utility services, such as electric power, CATV, gas * telephone shall be installed underground. 3. All water * sewer utilities to be Installed per CFPUA Technical Specifications * Standards. 4. Project shall comply with CFPUA Cross Connection Control requirements. Water meters) cannot be released until all requirements are met and N.C.D.E.N.R. has Issued their "Final Approval.". Call 343-39 10 for information. 5. Any backflow prevention devices required by the CFPUA will need to be on the list of approved devices by U5CFCCCHR or A55E. G. The contractor Is responsible for the location and protection or existing utilities during construction. Call U-LOCO at 1-800-G32-4949. Contractor is responsible for the repair and replacement of any utilities, curb * gutter, pavement, etc. that may be be damaged during construction. Damaged Items shall be repaired to at least the quality or workmanship found in the original item. 7. 5olid waste disposal will be by dumpster pickup by private contractor / hauler. n/f Heaven South, LLC D.B. G589- 1 830 Zoning: R- 15 Land Use: Residential 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. Current Owner: Bayshore Estates, Inc. P.O. Box 3G49 Wilmington, NC 2840G Developer: Carson Management, L.L.C. 405 Middle Street New Bern, NC 285G0 Proposed Limitation of Uses: I . Banks and/or Financial Institution 2. Business Service Center 3. Restaurant (no drive-thru permitted) 4. Offices for Private Business � Professional Activities 5. Instructional Services � 5tudlo5 G. Personal Services, General (no tattoo parlor permitted) 7. Retail Sales, General Preliminary Development Data: Proposed Land Use: 50% Shopping Center / 50% Professional Offices Total Bldg. Area - 20,800 s.f. GFA± Bldg. Hgt. - 2-5tory / 40' Max. Parking Keq'd. @ 2.5 / 1000 sf = 52 98 spaces prov'd. Impervious Surfaces - Rooftop - 10,400 s.f.± Pavement - 38,200 s.f.± Walks - 2,300 s.f.± Total - 50,900 s.f.± (42.7%) Conditional District Concept Plan 0 z N oy c�r�tiq<< Slte W E �OG�CN S ELKMpNT G B4 �P o BAYSNORE DR W /NDSONG RD Vicinity Map (No 5cale) 51te Inventory Notes: 1. Soils Type: Mu (Murville fine sand) * Le (Leon 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 archeological significance. 5. No cemeteries were evidenced on the site. G. A field survey of the existing vegetation has been completed. No "specimen" trees were found. All other regulated * significant trees will be identified during detailed design t- permitting. Significant trees to be removed for essential site improvements will be mitigated. 7. There is no evidence of jurisdictional wetlands within the tract boundary. 8. There is no evidence of endangered species or habitat issues on the site. 9. This property is not within a Special Flood Hazard Area as evidenced on N.C. Flood Maps 37203 1 59J, dated April 3, 2000, � 37203 1 G9K, dated August 28, 201 8. 10. The site drainage flows into the Pages Creek drainage basin, 5C classified waters. Tree Preservation Notes: I . Tree Preservation / Removal Permit 15 required prior to clearing * land disturbance. 2. Prior to any clearing, grading or construction activity, tree protection fencing will be installed around protected trees or groves of trees and no construction workers, tools, materials, or vehicles are permitted within the tree protection fencing. 3. Protective fencing is 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. Protective fencing will be labeled with signs to be placed every fifty (50) linear feet, or at least two (2) signs per area, in both English � Spanish - "Tree Protection Area / Do Not Enter." Legend: - Ex. Hardwood Trees to be protected � preserved (24±) - Ex. Pine Trees to be protected $ preserved (35±) - Ex. Trees necessary for removal due to construction of essential site improvements (G4±) - Ex. Significant Trees necessary for removal due to construction of essential site improvements * mitigated (3±) General Notes: I . New Hanover County Parcel Nos.: 3 159 1 2.95.89G8 [PID R03000-005-020-01 1 2. Total Tract Area: 2.74 ac.± 3. Existing Zoning District: K-1 5 Proposed District - (CZD) B- 1 / No SHOD 4. Comprehensive Plan Classification: Community Mixed -Use Graphic Scale 30 20 10 0 15 30 GO Contour Interval - I' Boundary & topographic data compiled from an actual field survey by: Bateman Civil Survey Company 2524 Reliance Avenue Apex, NC 27539 Tel. 919-577-1081 1N N Property Address: 7G20+/- Market Street Carson Commercial 5 Harnett Township / New Hanover County / North Carolina ITEM: 11- 9 - 1 Public Comments In Support x Neutral X In Opposition 2 Board of Commissioners - April 3, 2023 ITEM: 11- 10 - 1 Farrell, Robert From: noreply@civicpIus.com Sent: Wednesday, March 1, 2023 8:51 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #1894 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 Scott / Ashley Last Name Oberholzer Address 7623 Lost Tree Rd. City wilmington State nc Zip Code 28411 Email Field not completed. Projects available for PB Meeting - Z23-08 (Market Street Office & Retail) comment. What is the nature of your Oppose project comment? Public Comment If my property gets damaged during this Construction of this project, who will be responsible for fixing it? We have a inground pool in our back yard that could be effected. Upload supporting files Board of Commissioners - April 3, 2023 ITEM: 11- 11 - 1 Griffee, Julian From: noreply@civicpIus.com Sent: Wednesday, March 15, 2023 4:54 PM To: May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; rmeredith@nhcgov.com; Doss, Amy; Griffee, Julian; Dickerson, Zachary Subject: Online Form Submission #2193 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 8 AM the day of 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 Tom Last Name Riggins Address 710 Bayshore Dr City Wilmington State NC Zip Code 28411 Email oopstomta'%gmail.com Projects available for BOC Meeting - Z23-08 (7620 Market Street) comment. What is the nature of your Oppose project comment? Public Comment This area is at the headwaters of Pages Creek and more impervious surface is detrimental to the health of the creek II 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 - April 3, 2023 ITEM: 11- 11 - 2